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City Council Packet - 04/28/1992 CITY OF TIGARD OREGON AGENDA PUBLIC NOTICE. Anyone wishing to speak on an A ' agenda item should sign on the appropriate sign-up L. sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that 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 C 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Call to Council and Staff for Non-Agenda Items 2. VISITOR'S AGENDA (Two Minutes or Less, Please) 3. 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: 3.1 Approve Appointments to Board and Committees: a. Appoint Jo Sorell to NPO 1/2 - Resolution No. 92-L(,_ b. Appoint Jack Schwab to Planning Commission - Resolution No. 92-_7 3.2 Approve Increased Limit Amount to the Local Government Investment Pool - Resolution No. 92-1 4. ORDINANCE CONSIDERATION - PARKING PROHIBITION ON S.W. 108TH AVENUE. • Staff Report - Engineering Department • Council Consideration - Ordinance No. 92- JL. + COUNCIL AGENDA - APRIL 28, 1992 - PAGE 1 5. ' ORDINANCE CONSIDERATION (FINIAL ORDER) - SITE DEVELOPMENT REVIEW SDR 91- 0013, PLANNED DEVELOPMENT PDR 91-0006 TRIAD DEVELOPMENT • Staff Report - Community Development Department • Council Consideration ;.9Fd4;aPce No. 92-1y ,1,-\ 1 6. ORDINANCE CONSIDERATION - EXTEND EXPIRATION DATE FOR THREE FRANCHISE AGREEMENTS • Staff Report - Finance Department • Council Consideration- Ordinance No. 92-/2 J 7. PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT CPA 91-0005/ZONE ORDINANCE AMENDMENT ZOA 91-0006 COMMUNITY COMMERCIAL PLAN DESIGNATION/C-C ZONING DISTRICT. The City Council will consider amending Volume II of the Comprehensive Plan (Findings, Policies and Implementation Strategies) to add a purpose statement and locational criteria for a new Plan designation (Community Commercial) intended to provide opportunities for commercial development serving the regular needs of surrounding residential areas. The locationai criteria would limit the establishment of these districts to 1) areas between two and eight acres in size; 2) at limited locations, and 3) locations separated from other commercially zoned properties. In addition, the Council will consider amending the Community Development Code to create a new zoning district (C-C) intended to implement the new Plan designation. Some of the permitted uses in the zone would be limited size grocery stores, retail establishments, restaurants, and offices. The Council also will consider Community Development Code amendments related to signage and landscaping and screening for uses within the proposed new zone. c+. Public 14en-rinn 0nened r ~ u - b. Declarations or Challenges " C. Staff Report - Community Development Department d. Public Testimony: • Proponents (in favor of amendment) • Opponents (oppose amendment) e. Council Questions/Comments f. Public Hearing Closed g. Council Consideration: Ordinance No. 8. PUBLIC HEARING - ZONE ORDINANCE AMENDMENT ZOA 92-0002 APPLICANT: KOREAN BAPTIST CHURCH. A request to amend Community Development Code Section 18.64.040 to list religious assemblies (churches) as a conditional use in the C-P (Professional Commercial) zoning district. a. Public Hearing Opened b. Declarations or Challenges C. Staff Report - Community Development Department 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- COUNCIL AGENDA - APRIL 28, 1992 - PAGE 2 9. r PUBLIC HEARING - ZONE ORDINANCE AMENDMENT - PARKING - ZOA 92-0003. A staff initiated amendment to Community Development Code Chapter 18.106 to: 1) amend standards for disabled person parking spaces to require consistency with state and federal laws; and 2) to allow gravel surfaced parking lots for fleet storage and construction equipment storage. The Community Development Code currently requires all parking lots to be paved. a. Public Hearing Opened _ b. Declarations or Challenges C. Staff Report - Community Development Department 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-j_( 10. PUBLIC HEARING - SALE OF ROUSE AT 8640 S.W. MCDONALD STREET a. Public Hearing Opened b. Declarations or Challenges C. Staff Report - Finance Department d. Public Testimony: Proponents (in favor of proposed sale) • Opponents (opposed to proposed sale) e. Council Questions/Comments f. Public Hearing Closed g. Council Consideration: Resolution No. 92-2'- 11. 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. Staff Recommends this Public Hearing be continued to a date certain. 12. NON-AGENDA ITEMS 13. ADMINISTRATIVE REVIEW/UPDATE • City Administrator 14. 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. 15. ADJOURNMENT h: \recorder\cca\cca0428.92 COUNCIL AGENDA - APRIL 28, 1992 - PAGE 3 i -MEE= Council Agenda Item 3. 1 TIGARD CITY COUNCIL MEETING MINUTES - April 28, 1992 BOARD AND COMMITTEE INTERVIEWS (5:30 p.m.) Mayor Edwards & Councilor Kasten STUDY SESSION The Tigard City Council went into Executive Session at 6:40 p.m. Under the provisions of ORS 192.660(1)(D), (E), (F) and (H) to discuss labor relations, real property transactions, exempt public records, and current and pending litigation issues. The regular study session reconvened at 7:17 p.m. SPAM Waste Rates: Staff will bring to Council a proposal for solid waste rates in May. Rate proposal will be based on the following: • Rate will be "revenue neutral" to hauler. • Commercial rate payers now subsidize service provided to residential rate payers; new rate proposal should not increase the subsidized amount. • Endeavor to propose rate structure to encourage recycling. Meeting_Format: Mayor Edwards proposed that times, noting length of items, on future agendas be estimated. He advised he would like to experiment with a yellow and red light for timing testimony. He said he has seen this work well at other meetings. (Note: Community Development Director Ed Murphy arrived at 7:30 p.m.) Agenda Review: It was noted that Agenda Item #7 would be set over to June 23, 1992 and the Agenda Item #11 would be set over to May 26, 1992. CITY COUNCIL MEETING MINUTES - April 28, 1992 - PAGE 1 J i BUSINESS MEETING 1. ROLL CALL Council Present: Mayor Jerry Edwards; Councilors Judy Fessler, Valerie Johnson, Joe Kasten, and John Schwartz. Staff Present: Patrick Reilly, City Administrator; Dick Bewersdorff, Senior Planner; Loreen Edin, Administrative Services/Risk Manager; Wayne Lowry, Finance Director; Bill Monahan, Legal Counsel; Ed Murphy, Community Development Director; Liz Newton, Community Relations Coordinator; Catherine Wheatley, City Recorder; Randy Wooley, City Engineer. i 2. VISITOR'S AGENDA Larry Westerman reported that the Seiyu developer (on Bull Mountain) has stopped all work. He advised of concerns of night-time vandalism and drug activity on the vacant property. City Engineer noted efforts to determine ownership. The bank may be installing a fence around the property. Legal Counsel Monahan advised the City would have no ability to force completion of the subdivision; however, nuisance laws and code enforcement would remedy the problems Mr. Westerman cited. City staff will meet with the neighborhoods, determine the extent of their concerns and advise residents of the status of development requirements. A report on this effort will be submitted to Council on May 12. 3. C°ONSEN T AGEhIDA: Motion by Councilor Kasten, seconded by Councilor Johnson, to approve the Consent Agenda as follows: 3.1 Approve Appointments to Board and Committees: a. Appoint Jo Sorell to NPO 1/2 - Resolution No. 92-16 b. Appoint Jack Schwab to Planning Commission - Resolution No. 92- 17 , 3.2 Approve Increased Limit Amount to the Local Government Investment Pool - Resolution No. 92-18 The Consent Agenda was approved by unanimous vote of Council present. i CITY COUNCIL MEETING MINUTES - April 28, 1992 - PAGE 2 i 4. ORDINANCE CONSIDERATION - PARKING PROHIBITION ON S.W. 108TH AVENUE. a. City Engineer Wooley summarized the Staff Report on this agenda item. The neighbors were requesting the prohibition of parking on a portion of SW 108th Avenue because of the diminished enjoyment of their property with the backside of the property line abutting parking places. Another concern was safety. A third concern was the fact that school busses are prevented from picking up children because of the parked cars. Council discussed the issues with City Engineer including school bus regulations, safety, and status of this street. Of concern to some of the Council was the kind of precedent that this may be setting if "No Parking" was established as requested. Council then discussed the feasibility of putting a time limit on the no- parking. City Engineer advised that this would be possible and a new ordinance could be drafted. After further discussion, Council agreed that since the street was not yet fully developed, additional wording would be placed in the ordinance as follows: "...until such time as 108th Avenue is improved in this location to full minor collector standards. At the time that the street is improved, the effect of this ordinance shall cease." b. ORDINANCE NO. 92-11; AN ORDINANCE AMENDING TMC 10.28.130 TO PROHIBIT PARKING ON A PORTION OF SW 108TH AVENUE. C. Motion by Councilor Johnson, seconded by Councilor Schwartz, to approved the ordinance as amended. The motion passed by a majority vote of Council present (Councilor Fessler voted "no"). 5. ORDINANCE CONSIDERATION (FINAL ORDER) - SITE DEVELOPMENT REVIEW SDR 91-0013, PLANNED DEVELOPMENT PDR 91-0006 TRIAD DEVELOPMENT a. Staff Report: Community Development Director noted past action on this item. (Note: Staff report is on file with the Council packet material.) There was no discussion. l CITY COUNCIL MEETING MINUTES - April 28, 1992 - PAGE 3 SHE b. RESOLUTION NO. 92-19; IN THE MATTER OF THE ADOPTION OF A C FINAL ORDER UPON CITY COUNCIL REVIEW OF APPEALS OF A PLANNING COMMISSION DECISION TO APPROVE A SITE DEVELOPMENT REVIEW/PLANNED DEVELOPMENT REVIEW APPLICATION (SDR 91-0013/PDR91 -0006) PROPOSED BY TRIAD-TIGARD LIMITED PARTNERSHIP. Motion by Councilor Kasten, seconded by Councilor Schwartz, to approve Resolution No. 92-19. Motion was approved by a majority vote of Council present 3-2 (Mayor Edwards and Councilor Fessler voted "no.') 5.A AGREEMENT WITH TRIAD ON 109TH EXTENSION. a. Community Development Director reviewed the staff report. (Note: staff report is on file with the Council packet material.) b. Motion by Councilor Schwartz, seconded by Councilor Kasten, to authorize the City Administrator to sign the agreement with Triad/Tigard Limited Partnership concerning the terms of Triad's participation in the construction of the extension of SW 109th Avenue between Naeve Street and Pacific Highway. The Motion was approved by a majority vote of Council present. (The vote was 3-2; Mayor Edwards and Councilor Fessler voted "no.") 6. ORDINANCE CONSIDERATION - EXTEND EXPIRATION DATE FOR THREE FRANCHISE AGREEMENTS. a. Finance Director Lowry reviewed the staff report concerning the franchise agreements. b. ORDINANCE NO. 92-12; AN ORDINANCE EXTENDING THE TERMINATION DATE OF ORDINANCE NO. 72-55 WHICH GRANTED A NON-EXCLUSIVE ELECTRIC UTILITY FRANCHISE TO PORTLAND ELECTRIC COMPANY AND DECLARING AN EFFECTIVE DATE. C. Motion by Councilor Johnson, seconded by Councilor Kasten, to adopt Ordinance No. 92-12. The Motion was approved by a unanimous vote of Council present. CITY COUNCIL MEETING MINUTES - April 28, 1992 - PAGE 4 I C d. ORDINANCE NO. 92-13; AN ORDINANCE EXTENDING THE TERMINATION DATE OF ORDINANCE 82-12 WHICH GRANTED A NON-EXCLUSIVE TELEPHONE UTILIT YFRANCHISE TO GENERAL TELEPHONE COMPANY OF THE NORTHWEST AND DECLARING AN EFFECTIVE DATE. Motion by Councilor Johnson, seconded by Councilor Kasten, to approve Ordinance No. 92-13. The Motion was approved by a unanimous vote of Council present. e. ORDINANCE NO. 92-14; AN ORDINANCE EXTENDING THE TERMINATION DATE OF ORDINANCE 82-22 WHICH GRANTED A NON-EXCLUSIVE GAS UTILITY FRANCHISE TO NORTHWEST NATURAL GAS AND DECLARING AN EFFECTIVE DATE. Motion by Councilor Johnson, seconded by Councilor Kasten, to adopt Ordinance No. 92-14. The Motion was approved by a unanimous vote of Council present. (Note: Councilor Johnson left the meeting at 8:02 p.m.) 7. PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT CPA 91- 0005/ZONE ORDINANCE AMENDMENT ZOA 91-0008 COMMUNITY COMMERCIAL PLAN DESIGNATION/C-C ZONING DISTRICT. The City Council will consider amending Volume II of the Comprehensive Plan (Findings, Policies and Implementation Strategies) to add a purpose statement and locational criteria for a new Plan designation (Community Commercial) intended to provide opportunities for commercial development serving the regular needs of surrounding residential areas. The locational criteria would limit the establishment of these districts to 1) areas between two and eight acres in size; 2) at limited locations, and 3) locations separated from other commercially zoned properties. In addition, the Council will consider amending the Community Development Code to create a new zoning district (C-C) intended to implement the new Plan designation. Some of the permitted uses in the zone would be limited size grocery stores, retail establishments, restaurants, and offices. The Council also will consider Community Development Code amendments related to signage and landscaping and screening for uses within the proposed new zone. Hearing was set over to June 23, 1992. C CITY COUNCIL MEETING MINUTES - April 28, 1992 - PAGE 5 8. PUBLIC HEARING - ZONE ORDINANCE AMENDMENT ZOA 92-0002 APPLICANT: KOREAN BAPTIST CHURCH. A request to amend Community Development Code Section 18.64.040 to list religious assemblies (churches) as a conditional use in the C-P (Professional Commercial) zoning district. a. The public hearing was open. b. Councilor Fessler advised that she had heard this issue when she was serving on the Planning Commission. She advised that she felt she would be able to review the issue with an open mind. c. Senior Planner Bewersdorff reviewed the staff report as submitted in the Council packet. d. Public testimony: none. e. Public hearing was closed. f. ORDINANCE NO. 92-15; AN ORDINANCE TO AMEND PROVISIONS OF THE COMMUNITY DEVELOPMENT CODE TO ALLOW RELIGIOUS ASSEMBLY AS A CONDITIONAL USE IN THE C-P ZONE, SECTION 18.64.040 A. g. Motion by Councilor Schwartz, seconded by Councilor Kasten, to adopt Ordinance No. 92-15. The Motion was approved by a unanimous vote of Council present. 9. PUBLIC HEARING - ZONE ORDINANCE AMENDMENT - PARKING - ZOA 92- 0003. A staff initiated amendment to Community Development Code Chapter 18.106 to: 1) amend standards for disabled person parking spaces to require consistency with state and federal laws; and 2) to allow gravel surfaced parking lots for fleet storage and construction equipment storage. The Community Development Code currently requires all parking lots to be paved. a. The public hearing was open. b. Councilor Fessler advised that she was advised in this public hearing when she was on the Planning Commission. She said that she felt she open to additional testimony and ideas. C. Senior Planner Bewersdorff reviewed the staff report as submitted in the Council packet. C CITY COUNCIL MEETING MINUTES - April 28, 1992 - PAGE 6 L t' fliffill d. Public testimony: none. e. Senior Planner Bewersdorff clarified issues for Council concerning the necessity for businesses to provide parking for employees and customers. Also, auto sales would be allowable; however, the sales would be centralized and away from the perimeter of the property. f. The public hearing was closed. g. ORDINANCE NO. 92-16; AN ORDINANCE TO AMEND PROVISIONS OF THE COMMUNITY DEVELOPMENT CODE TO REQUIRE CONSISTENCY WITH STATE AND FEDERAL DISABILITY PARKING STANDARDS, SECTION t 18.106.020 AND TO PROVIDE STANDARDS FOR GRAVEL PARKING LOTS FOR FLEET AND EQUIPMENT STORAGE, SECTION 18.106.050. h. Motion by Councilor Fessler, seconded by Councilor Kasten, to approve Ordinance No. 92-16. The Motion was approved by a unanimous vote of Council present. 10. PUBLIC HEARING - SALE OF HOUSE AT 8640 S.W. IIIICDONIALD STREET a. The public hearing was open. A- b. There were no declarations or challenges. C. Finance Director Lowry reviewed the staff report as submitted in the Council ; packet. I d. Public testimony: none. e. There was a small amount of discussion on how the sale would be accomplished and the minimum bid. f. The public hearing was closed. g. RESOLUTION NO. 92-20; A RESOLUTION AUTHORIZING THE SALE OF PROPERTY LOCATED AT 8640 SW MCDONALD STREET AND SETTING A MINIMUM ACCEPTABLE SELLING PRICE. f h. Motion by Councilor Schwartz, seconded by Councilor Kasten, to adopt Resolution No. 92-20. ? The Motion was approved by a unanimous vote of Council present. _ CITY COUNCIL MEETING MINUTES - April 28, 1992 - PAGE 7 i 11. PUBLIC HEARING o ZONE ORDINANCE AMENDMENT Z®A 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. Hearing was set over to May 26, 1992. 12. ADJOURNMENT, 8:19 p.m. Atte Catherine Wheatley, City Recorder L Mayor, City of Tigard Date: word\ctyrec\com0428.92 CITY COUNCIL MEETING MINUTES - Aprill 28, 1992 - PAGE 8 COMMUNITY NEWSPAPERS, INC. Legal BOX 370 PHONE (503) 684-0360 e ie Tr 7235 BEAVERTON, OREGON 97075 Legal Notice Advertising The following will lx; considered by'ihe Tigard City Ciititicil an Agri128 " 1992,:.at 7.30 P M. at Tigard Civic Center, Town 13a11 Rodmj 13125: SW: . Tearsheet Notice Hall Boulevard; Tigard.- Oregon: Further infarmado-n_saay, be obtained a . e fromthe Community Development Director or City Rdtorder itthe same'; City of Tigard locatiowoi by calling 639.4171. You are invited to submit written les m P.O. Box 23397 0 0 Duplicate Affidav timony in,adva-iee'of the public hearing; written-and oral testimony wilt Tigard, OR 97223 be considered at the hearing The public hearing will be conducted in ac 0 ; cordance with the applicable Chapter 18.32 of the„Tigard Municipal:Code:. ® and any.. Ules'of procedure adopted by, the Council and available;atCity: 3: Public 14 rLy for COWREHENSI'IVEIPT;AN--AMENDIVBhTT A 1' S AFFIDAVIT OF PUBLICATION ZONt; ORDINANCE'AMF.NDMENT ZOA 91:M COMMUNITY CQhWERCIAL PLAN DESIG>'dATMN STATE OF OREGON, C-C ZMING DISTR1 COUNTY OF WASHINGTON, )ss' The City. Council will consider an ending iiinie'II of the Con I, T, u1i t preheimive Plan (Findings, Policies and Implementation SuAwgies): being first duly sworn, depose and say that ?T ,the Advertising to add a purpose statement .ind loca. o , _ nieria fora new plan''. Director, or his principal clerk, of the iQar].riles designation intenned to provide opportunities for continerctal a newspaper of general circulation as defined in ORS 193.010 deveiopnient.serving the regular;needs of surrounding residential. and 193.020; published a in the are as. 6 locatioi>al criteria would limit the establ>shment of these districts to l) aicAs between two and eight acres in size; 2} at- aforesaid count and state; thaVthe _nnnS_~ne92_0002 limited location,-and 3) locations:separate from other contmer ~nt, ~P Fri dally zoned proper ties a printed copy of which is hereto annexed, was published in the adddtion, Alie ~binmisson writ conside►f amending the Ccits-: entire issue of said newspaper for one successive and In" mtini Dev` 16ment Code to-create a ti~w+ zoitin disfiicf' C.C consecutive in the following issues: intended,to implement this PIiii les~gnatian So e o€ the per April 16, 1992 intttecl'uses in the zone would be limited 31?A grocerystore, zetail establishments, resiaurants ARd offii ~ fihe:Cauncil 3so ill.con cider Coinenunity;Development Code ameddmenli f elated to sig nape and;lhridscaping aisd seceenizig for uses widiiiith~ aiopased new wne:` ZONE ORDINANCEAMENDMF-Nl' ZO~„92=OOf)"-) PLICANT: KOREAN DAPTIST C'rIURCIi)' 1 F riav ofApriL1992 requestto amend Cammunity`Develonment Code Section Subscribed and sworn before me this IS.64.Q40 to list,reli igifs'assemlies {chiiaches aS a conditioner g } ~ use m th' P (Pro fessiottal Commeicial) zoning distract Notary Pablic for Oregon 3. Zt7NE 0RDINANCH AMEND1VIENT ZOA 92-(Mlli3 A staff iq itiated amendment to Community°Aevelopment;Code C6iapter My Commission Expires: 4/,0 1$;105 6 l) amend standfieds.ftrrdisabled;ppeersgn parktitgspaees AFFIDAVIT to require consistency vtith stateluid federal lags, and to:allow gravel sufared parking lots for $it storttge and construction e pment storage :The t".atnmuni~r JDevelognent Code curintly ,:requires-all parking lots tc ;be paved:' 'IT7235 -:Pubii„h Apiil.16,1992 , 01311 OEM=, IN COMMUNITY NEWSPAPERS, INC. Legal P.O. BOX 370 PHONE (503) 684-0360 Notice TIC7242 BEAVERTON, OREGON 97075 Legal Notice Advertising ® City of Tigard ® 13 Tearsheet 1 The following rreeaiBg highlights are publ sled for 1or~s infornaation Find P.O. Box 23397 Agendas tray-be obtained from the:City Recorder,'; 3125 S W Halt Tigard, OR 97223 o Baulevard,'TigartE(?segon 97223, o by WIi6g 539-4171 • ❑ Duplicate P~~1<°1'7'; r i CII.lyd'iTINC T a • s,. aa0.Rlz1? CITY HALL-TO WN HALE: 12 S W 1 B,'BOF;jEVARP ~'1~(3A13 OREC~C11i 5 30 IP.I , . Boatel ~r►d`Coit mitttee Zriteaytews 14:301'Ad :-Study..Seasion AFFIDAVIT OF PUBLICATION 7:30 Pa'1d Baseness Meeting t STATE OF OREGON, ) th niances ; COUNTY OF WASHINGTON, )ss' 1+rna1 D--e. -TAad 1) I--- merit . , eye o I. Jl.tdith Koehler a rI6Pirking""-:S W 108th ...r. being first duly sworn, depose and say that I am the Advertising Pubuc?eariiigs Director, or his principal clerk, of the Tigard Timc?R c; Corrirt~unity'Commetcial ~onc CPA 41 O0~/( 3A a newspaper of general circulation as defined in ORS 193.010 91-~Qb and 193.020; published at Tigard in the o Korehn Baptist Churth (C-W! hes in CiP Zone) ZOA aforesaid county and state; that the OT)02 RPgtfl ar City ('nimci 1 Meeting a 1~drklrig Standards Ciktptsr ISS106 a printed copy of which is hereto annexed, was published in the Sale bf Haase at S64lD S,', iWCllanaid 5trect z ` entire issue of said newspaper for one successive and Exectattve Sessiori:,TliY ~tltt$'City Council will ga,into Ex- consecutive in the following issues: eciittas Session eifleriiY yrsq~~x8latasof t 1$192 6ta43 (1j (dl, April 23, 1992 f}.`& to ddSCtISS'latinr rel~tlas; xel gtoerty:txansac- A bans, current and F1ende3itegaeiua`iss tes I:c 'I Cot tr*c Review ROM L~ T°~72d2 Ptibdish ApeY123.1992 Subscribed and sworn to before me this 23. day of April, 1992 OFFICIAL SEAL BEVERLY B. THOMAS Notary Public for Oregon NOTARY PUBLIC -OREGON COMMISS!O%, nt0.rfyn52 My Commission Expires: "--"i7 /95' sett t;ElPAMlSBIn~! r_xi t .Y ! .1X24_ AFFIDAVIT } AFFIDAVIT OF PUBbICATIO4 a N I v o • s ~}Y•Jm o~r0ri~6Z~e~ o... • . BEING FIRST P014Y SWORN DEPOSE AND SAY f CIAT I AW THE PRINCIPAL CLERK OF THE. PUBLISHER OF THE OREGONIAN, A NEWSPAPER OF GENERAL, CIRCULATIt7tly AS DEFILED BY ORS 193.010 AND 193.020, PUBLISHED IN THE CITY OF PORTLANDt, IN MULTMOMAH COUNTY, OREGON: THAT THE ADVERTISEMENT, THE PRINTED TEX'T' OF WHICH IS SHOWM BELOW, j WAS PUBLISHED Ltd THE ENTIRE AND REGULAR ISSUES OF THE OREGONIAN `a FOR i DAYS STARTING 04/22/92, ENDING 04/22/92 } . • • 9 • . f b • . . • f ~ 0C~/.v ~/P O Vy • ~p~•~~J"f . • . O • • 9 PRINCIPAL CLERK OF THE PU5LISHER "c SUSCRIBED AN() SWORN TO BEFORE ME THIS .23.... DAY OF jPrb.j 19.9.21,. OFF! IAL SEAL SHIRLEY KALHAR NOTARY PUBLIC-OREGON C01'"IISSION NO. 000534 A IISSION N EXPIRES JULY 28, 1994 Lc OF MY COMMISSIDIN EXPIRES: . AD TEXT: A A9440 THE CITY OF rIGARD CITY COUNCIL WILL: HOLD A PUBLIC HEARING ON E APRIL 28, 1992 AT 7:30 P,M. TO SO- f LICIT PUBLIC TESTIMONY TO DETER j ?SINE IF A PROPOSED SALE OF CITY- OWNED PROPERTY IS IN THE (PUBLIC INTEREST. THE PROPERTY PROPOSED q~y FOR SALE IS A SINGLE FA°4ILY HOME a~ i9s~t .r Rd4 i~bttc i'~tkxix I^ ' fF2SC7-F LOCATED AT 8640 SW MCDOgALO °s COWS sb9le`.i, STREET IN TIGARD, THE HEARIVG WIbL .BE HELD AT TYGARD CITY HALL, 13125 Vim SW HALL BLVD, TIGARD, OREGON. ~ :i" a ,rt gar 1 CITY OF TIGARD, OREGON AFFIDAVIT OF POSTING In the Matter of the Proposed STATE OF OREGON ) County of Washington ) ss City of Tigard ) 1, begin first duly sworn, on oath, depose an say: That I posted in the following public and conspicuous places, a copy of Ordinance Number (s) qa ~ t % which were adopted at the Council Meeting dated a-~ • ~q ~a`" copy(s) of said ordinance(s) being hereto attached and by reference made a part hereof, on the LQ day of ,d,,, , 191~:. 1. Tigard Civic Center, 13125 SW Hall Blvd., Tigard, Oregon 2.1 Washington Federal Savings Bank, 12260 SW Main Street, Tigard, Oregon 3. Safeway Store, Tigard Plaza, SW Hall Blvd., Tigard, Oregon 4. Albertson's Store, Comer of Pacific Hwy. (State, Hwy. 99) and SW Durham Road, Tigard, Oregon day of Subscribed and sworn to before the this 4-A Nata blic for Oregon My Commission Expires: ~ - -IT3 , t«linyokw+ l r' Sim g 1% f t t~- CITY OF TIGARD, OREGG N ORDINANCE NO. 92-1_ AN__ORDINANCE AMENDING TMC 10.28.130 TO PROHIBIT PARKING ON A PORTION OF C SW 108TH AVENUE. WHEREAS, TMC 10.28.130 prohibits parking at any time on portions of certain public streets in Tigard; and, WHEREAS, the Council has received a request for prohibition of parking on a portion of SW 108th Avenue in order to improve safety and reduce noise problems; and, WHEREAS, it appears to the Council that the requested parking prohibition will enhance traffic safety. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: TMC 10.28.130, designating the streets or portions thereof where parking is prohibited at all times, is hereby amended by adding the following: 11(78) Along the west side of SW 108th Avenue from Chateau Lane to a point 233 feet south of the centerline of Chateau Lane until such time as 108th Avenue is improved in this location to full minor collector standards. At the time that the street is improved, the effect of this ordinance shall cease." SECTION 2: 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 •:J~`9-21vote of all Council members present alter ein read by number and title only, this QktA day of 1992. i Ca herine Wheatley, City corder APPROVED: This o day of 1992. Gerald R. Edwards, Mayor Approv d as to form: mom MCi Attorney , " 7~&Ole oz: -2- Date ORDINANCE No. 92- Page 1 moo= OUSHAM' I Y C -N- NORTH G~pTEAU LN Proposed Area of _ a Parking Prohibition 3 ~ a 3 1 S.W. KEKT idJ Z) Z W Q RIVER 00 0 DOVER CT. N ~A'T -QUA ~~Lj - - - SW , ENE CITY OF TIGARD, OREGON AFFIDAVIT OF POSTING In the Matter of the Proposed STATE OF OREGON ) County of Washington ) ss City of Tigard ) I, begin first duly sworn, on oath, depose an ay: That I posted in the following public and conspicuous places, a copy of Ordinance Number (s) O~ 2--\:a a- _-_:)S q Q_-1LA ,qa \S q a-- I (c which were adopted at the Council Meeting dated Q~_ copy(s) of said ordinance(s) being hereto attached and by reference made a part hereof, on the CX day of fw\ a_1 19 a Q~- 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 Subscribed and sworn to before me this ►Tt-L day of , 19 q a- OFFICIAL SEAL M. J ,ANN HAYES Notary blic for Oregon NOTARYPUBLIC•OREGON COMMISSION 6914~M189 ~N~')GPIRF~, NO. 006513 MY My Commission Expires: yr S i9~ q5 r l Iogin4ok%p-t i i I'M IN CITY OF TIGARD, OREGON o ORDINANCE NO. 92j o AN ORDINANCE EXTENDING THE TERMINATION DATE OF ORDINANCE 72-55 WHICH GRANTED A NON-EXCLUSIVE ELECTRIC UTILITY FRANCHISE TO PORTLAND ELECTRIC COMPANY AND DECLARING AN EFFECTIVE DATE. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Term Extension. The Franchise granted by Ordinance 72-55 is hereby extended until November 10, 1992. SECTION 2: When Effective. It is hereby declared that an emergency exists and that it is necessary for the immediate preservation of the peace, health, and safety of the people of the City of Tigard, Oregon, that this ordinance become effective immediately in order to provide the continuity of electric service, insure public revenues, and authorize the proper use of public property within the City, and this Ordinance shall be in full force and effect upon its passage by the Council and approval by the Mayor. SECTION 3: Acceptance. The grantee shall, within thirty (30) days from this ae day of Z , 1992, file with the City its written unconditional acceptance of this extension, and if the grantee fails to do so, this Ordinance shall be void. PASSED: By -Un 0_ t,imot s vote of all Council members present after being read two times by number and title only, this 99L"' day of 060/U"L, 1992. r Catherine Wheatley, City Recorder APPROVED: This <=,eo day of - ' 11992., Gerald R. Edwards, Mayor Approved as to form: City A orney ORDINANCE No. 92- ~rx Page 1 y 1! SPIN,! ig~l E 11 cam CITY OF TIGARD, OREGON ORDINANCE NO. 92-1 AN ORDINANCE EXTENDING THE TERMINATION DATE OF ORDINANCE 82-12 WHICH GRANTED A NON-EXCLUSIVE TELEPHONE UTILITY FRANCHISE TO GENERAL TELEPHONE COMPANY OF THE NORTHWEST AND DECLARING AN EFFECTIVE DATE. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Term Extension. The Franchise granted by Ordinance 82-12 is hereby extended until September 8, 1992. SECTION 2: When Effective. It is hereby declared that an emergency exists and that it is necessary for the immediate preservation of the peace, health, and safety of the people of the City of Tigard, Oregon, that this ordinance become effective immediately in order to provide the continuity of telephone service, insure public revenues, and authorize the proper use of public property within the City, and this Ordinance shall be in full force and effect upon its passage by the Council and approval by the Mayor. SECTION 3: Acceptance. The grantee shall, within thirty (30) days from this day of I , 1992, file with the City its written unconditional acceptance of this extension, and if the grantee fails to do so, this Ordinance shall be void. PASSED: By~Gna cliivote of all Council members present after being read two ` times by number and title only, this oP day of~~~"l ° 1992. G2.~~ GJ Catherine Wheatley, City Reco er APPROVE=D: This \ 7 day of ' , 1992. c -/'Gerald'Rdwards, Mayor Approved as to form: City Attorney ORDINANCE No. 92-1-3 Page 1 f Y CITY OF TIGARD, OREGON ORDINANCE NO. 92441 AN ORDINANCE EXTENDING THE TERMINATION DATE OF ORDINANCE 82-22 WHICH GRANTED A NON-EXCLUSIVE GAS UTILITY FRANCHISE TO NORTHWEST NATURAL GAS AND DECLARING AN EFFECTIVE DATE. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Term Extension. The Franchise granted by Ordinance 82-22 is hereby extended until November 10, 1992. SECTION 2: When Effective. It is hereby declared that an emergency exists and that it is necessary for the immediate preservation of the peace, health, and safety of the people of the City of Tigard, Oregon, that this ordinance become effective immediately in order to provide the continuity of gas service, insure public revenues, and authorize the proper use of public property within the City, and this Ordinance shall be in full force and effect upon its passage by the Council and approval by the Mayor. SECTION 3: Acceptance. The grantee shall, within thirty (30) days from this Qb~'h day of , 1992, file with the City its written unconditional acceptance of this extension, and if the grantee fails to do so, this Ordinance shall be void. PASSED: By -Wiaii-~.mmsvote of all Council members present after being read two times by number and title only, this asp`` day of aa--L 1992. . Catherine Wheatley, City Reco r APPROVED: This day of Gerald R. Edwards, Mayor Approved as to form: City Attorney ORDINANCE No. 92-- Page 1 CITY OF TIGARD, OREGON ORDINANCE NO. 92- l AN ORDINANCE TO AMEND PROVISIONS OF THE COMMUNITY DEVELOPMENT CODE TO ALLOW RELIGIOUS ASSEMBLY AS A CONDITIONAL USE IN THE C-P ZONE, SECTION 18.64.040 A. WHEREAS, The City of Tigard finds it necessary to revise the Community Development Code periodically to improve the operation and implementation of the Code; and WHEREAS, the City of Tigard Planning commission reviewed the staff recommendation at a public hearing on April 6, 1992 and voted to recommend approval of the amendment to the City Council; and WHEREAS, the City Council held a public hearing on April 28, 1992 to consider the amendment. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Community Development Code shall be amended as follows: 18.64.040 Conditional Uses (See Chapter 18.130) A. Conditional uses in the C-P district are as follows: 4. Religious Assemblies SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, apporval by the Mayer, and posting by the City Recorder. Y PASSED: By Unan i mou5 vote of all Council members present after bein read by number and title only, this 02 ` day of C, i 1992. Catherine Wheatley, City Reco der APPROVED: This day of// , 1992. Gerald 'R. Edwards, Mayor Approved as to form: City Attorney Date ORDINANCE No. 92- Page 1 I i OEM CITY OF TIGARD, OREGON ORDINANCE NO. 92-- kO I f AN ORDINANCE TO AMEND PROVISIONS OF THE COMMUNITY DEVELOPMENT CODE TO REQUIRE CONSISTENCY WITH STATE AND FEDERAL DISABILITY PARKING STANDARDS, SECTION 18.106.020 AND TO PROVIDE STANDARDS FOR GRAVEL PARKING LOTS FOR FLEET AND EQUIPMENT STORAGE, SECTION 18.106.050. WHEREAS, The City of Tigard finds it necessary to revise the Community Development Code periodically to imnprove the operation and implementation of the Code; and WHEREAS, the City of Tigard Planning Commission reviewed the staff recommendation at a public hearing on April 6, 1992 and voted to recommend approval of the amendment to the City Council; and WHEREAS, the City Council held a public hearing on April 28, 1992 to consider the amendment. THE CITY OF TIGARD ORDAINS AS FOLLOWS: i SECTION 1: The Community Development Code shall be amended as shown in Exhibit "A". Language to be added is UNDERLINED. Language to be deleted is shown in [BRACKETS]. SECTION 2: 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 Atn Ct.,/U/lrUS?.(Ai vote of all Council members present after bein read by number and title only, this y day of Jll L , 1992. Catherine Wheatley, C' y Recorder APPROVED: This day of 3992. Q 'Gerald R. Edwards, Mayor i. Approved as to form: City ttorney i 2~,1~1 Z- J Date C: ORDINANCE No. 92- Page 1 i i I wiligg 11 EXHIBIT .A 18.106.020 General Provisions A. Parking Dimensions 1. The dimensions for parking spaces are: a. Nine feet wide and 18 feet long for a standard space; b. Eight and one-half feet wide and 15 feet long for a compact space; and c. As required by [In accordance with the] applicable State of Oregon and federal standards at least 12 feet wide and 18 feet long] for designated [handicapped] disabled person parking spaces. N. Designated Parking for the Handicapped 1. All parking areas [which contain over five required spaces] shall be provided with [one handicapped parking space for every 50 standard parking spaces] the required numbers and sizes of disabled person parking spaces as specified by applicable State of Oregon and federal standards. All disabled person parking spaces shall be signed and marked on the pavement as required by these standards. [The handicapped parking symbol shall be painted on the parking space or a handicapped parking sign shall be placed in front of each space. Each handicapped parking space shall measure as required in the American National Standard Institute publication ANSI 117.1 - 1980.] 18.106.050 Parking Dimension Standards I. Parking [Space Parking] and Load Area Surface Requirements: 1. Except for single-family and two-family residences, and for temporary uses or fleet storage areas_ as authorized in Subsections 3 and 4 below, all areas used for the parking or storage or maneuvering of any vehicle, boat, or trailer shall be improved with asphalt or concrete surfaces according to the same standards required for the construction and ( acceptance of City streets; i I 2. Off-street parking spaces for single and two-family I r residences shall be improved with an asphalt or I concrete surface to specifications as approved by the City Engineer; [and] 3. Parking areas to be used primarily for the storage of fleet vehicles or construction equipment may be gravel surfaced when authorized by the approval authority at the time the site development approval is given. The Director may require that the propertX owner enter into an agreement to pave the parking area: a) within a specified period of time after establishment of the parking area; or b) if there is a change in the types or weights of vehicles utilizing the parking area; or c) if there 'k is evidence of adverse effects upon adjacent roadways, water courses, or _properties Such an agreement shall be executed as a condition of ,f approval of the plan to establish the gravel 4 perking area. Gravel surfaced parking areas may only be permitted consistent with the following: a. Gravel parking areas shall not be permitted within 100 feet of any residentially zoned or residentially, developed area; b. Gravel parking areas shall not be allowed 4 within 100 feet of any public right-of- way; and c. A paved driveway of at least 100 feet in length shall connect a gravel parking area with any public street providing access to the gravel area; Y d. Gravel parking areas shall not be allowed within 100 feet of any water course 4. Parking areas to be used in conjunction with a temporary use may be gravel when authorized by the approval authority at the time the permit is approved. The approval authority shall consider the following in determining whether or not the gravel parking is warranted: I 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: AGENDA ITEM NO. < sf DATE: 11A0f1 ' RLEASIE PRINT it t: ? , avar o Zone t3ppj4rfer-t (SpeakinglAgain~ Zone clan rtes Or l~r ca r'arar► Arr~r erV A 92 Z' lid ht, Korean ame Addre Address Name ame Address Address Name Name Address Address Name Name Address Address Name Name Address Address ame Name Address Address Name Name Address Address ama Name Address Address C 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: AGENDA ITEM NO. DATE: z_. PL)=ASE PRINT -S r'~-x e'mc'.5~.•' y.'^'?.:" 'r? Fait - (~rhr ?rss;,a peakmg 'Again st done C9rdinance s it - f ar4c~ng - Ar ~i'e r i rkr w -Z0 .92A 3- ams Name ,i dress ress NaMe Name Address Address Name Name C_ Address Address Name Name Address Address 7. e Name Address -ITA-me Name Address Address Name Name Address Address Name Name Address Address OEM ORION! I SON 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: AGENDA ITEM NO. DATE: . °;WHIME-Af PLEASE PRINT C"b Oiftt 916-of 46-ase at Hp Name Name -A ff ress Tress Name Name Address Address Name Name Address Ad rass a Name Address Address Name Name resa Address Name Name Address Address Name Name Address Address Name Name Address Address ame Name all REM ;J 3 f y COUNCIL AGENDA ITEM 3<<CL CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: April 28, 1992 DATE SUBMITTLD: April 17, 1992 ISSUE/AGENDA TITLE: Appointment to PREVIOUS ACTION: Nei hborhood Planning Or anization NPO 1/2 PREPARED BY: Elizabeth Ann Newton i DEPT HEAD OK CITY ADMIN OK i REQUESTED BY: Mayor's Apt. Adv. Com ISSUE BEFO THE COUNCIL Should the City Council accept the Mayor's Appointment Advisory Committee recommendation for appointment to NPO #k1/2? STAFF RECOMMENDATION i Adopt the attached resolution appointing Jo Sorell to NPO #1/2. INFORMATION SUMMARY The Mayor's Appointment Advisory committee met on March 24, 1992 to interview interested citizens for appointment to various Boards and Committees. The Planning Commission met on April 20, 1992 to consider the recommendations. The attached resolution, if adopted, approves the recommendations of the Mayor's Appointment Advisory Committee. PROPOSED ALTERNATIVES 1. Adopt the proposed resolution. 2. Decline action at this time. FISCAL NOTES COUNCIL AGENDA ITEM ' b CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: Aril 28, 1992 DATE SUBMITTED: April 17, 1992 ISSUE/AGENDA TITLE: A ointment t PREVIOUS ACTION: the Planning Commission PREPARED BY: Elizabeth Ann Newton DEPT HEAD OK CITY ADMIN OK REQUESTED BY: City Council ISSUE BE THE COUNCIL Filling the vacancy on the Planning Commission left with the resignation of Judy Fessler. STAFF RECOMMENDATION Adopt the attached resolution. - INFORMATION SUMMARY After her election to Council Position #3, Judy Fessler resigned from the Planning Commission leaving one vacant position. The Mayor recommends that Jack Schwab be appointed to fill the vacancy. Attached is a resolution which, if adopted, would approve the Mayor's recommendation. C - PROPOSED ALTERNATIVES 1. Adopt the attached resolution. 2. Decline action at this time. FISCAL NOTES d FM Mon, COUNCIL AGENDA ITEM 3, P, CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: April 28, 1992 DATE SUBMITTED: April 15, 1992 ISSUE/AGENDA TITLE: PREVIOUS ACTION: Investment Limit Increase PREPARED BY: Wayne Lowry DEPT HEAD OK CITY ADMIN O REQUESTED BY: ISSUE BEFORE THE COUNCIL Shall the City Council authorize investment of City funds in the Local Government Investment Pool up to 20 million dollars. STAFF RECOMMENDATION Staff recommends that the limit of 10 million be raised to 20 million. 114rVnrvinTivl`v S.....`f.QRY ORS 294.810 allows local governments to invest up to 10 million dollars in the Local Government pool at any point in time. The limit of 10 million dollars may not be exceeded unless the governing body has passed a resolution authorizing the investment of up to 20 million dollars. The City has recently exceeded the 10 million dollar cap on occasion and has had to withdraw funds and invest them at lower rates elsewhere. Increasing the limit at the Local Government Investment pool is merely a procedural matter. Our current investment policy will remain unchanged and in effect. PROPOSED ALTERNATIVES 1. Increase the limit at the Pool to 20 million dollars. 2. Keep current 10 million dollar limit. FISCAL NOTES 1. Gain the flexibility to invest more funds in the Pool at potentially higher rates. 2. Continue to accept lower rates for funds not eligible for Pool investment. d 10 SEE= I COUNCIL AGENDA ITEM 4-1 aQ? CITY OF TIGARD, OREGON i Apr;l 44 COUNCIL AGENDA ITEM SUMMARY AGENDA OF: 1992 DATE SUBMITTED: ISSUE/AGENDA TITLE: Parking PREVIOUS ACTION: 14 Prohibition on SW 108th Avenue PREPARED BY: City Engineer DEPT HEAD OK CITY ADMIN OK REQUESTED BY: s ISSUE BEFO E THE COUNCIL i i Shall parking be prohibited on a portion of SW 108th Avenue near Chateau Lane? STAFF RECOMMENDATION Adoption of the attached ordinance establishing the parking prohibition. INFORMATION SUMMARY Attached is a petition from residents of SW 109th Place requesting that parking be prohibited on SW 108th Avenue behind their homes. Also attached is a map showing the location of the requested parking prohibition. The owner of the property on the east side of 108th has been advised of the request and has raised no objections. The Police Department and the Engineering Department have no objections to the request. PROPOSED ALTERNATIVES 1. Adopt the attached ordinance. 2. Deny the request. FISCAL NOTES Approximately $150 will be required for signing. rw/108-sum C ♦ j' February 6, 1992 QPt ~/J U E Mr. Randy Wooley FEB 1 City of Tigard 4 1992 IN 97223 CPry► OF 7'P Tigard, 2OR9 GgRb RE. "No Qarking" signs on 108th Avenue Dear Mr. Wooley: The undersigned request the City Council for the City of Tigard to pass an ordinance to place "no parking" signs on the west side of 108th Avenue between Chateau Lane and the end of the curb south about two blocks of Chateau lane ("the designated section of 108th Avenue"). The ordinance should be passed for the following reasons. First, at least one school bus picks up children at the designated section of 108th Avenue. Parked cars prevent the school bus from picking up children in the desired location. Second, from late spring to early fall, teenagers often sit in parked cars in the designated section of 108th Avenue making a substantial noise and otherwise diminishing the value of the neighborhood. The three houses abutting the designated section of 108th Avenue are at 16412 SW 109th Place, 16430 SW 109th Place, and 16438 SW 109th Place. The undersigned own these houses. Please address any correspondence to Alan K. Aldous, 16430 SW 109th Place, Tigard, 97224. Thank you. Julie R. Aldous Alan K. Aldous 16430 SW 109th Pl 16430 109th P1 Tigard r rd l jjp, /A rfcfren T. Ninomiya Ran all'S. Ninomiya 16412 SW 109th P1 16412 SW 109th P1 Tigard Tigard Cheryl upe Michael coupe 16438 SW 109th P1 16438 SW 109th P1 Tigard Tigard COUNCIL AGENDA ITEM CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SU14MARY AGENDA OF: April 28, 1992 DATE SUBMITTED: April 23, 1992 ISSUE/AGENDA TITLE: Appeal of Planni~ PREVIOUS ACTION: On 4/14, Council Commission's approval of SDR 91-0013/ voted 3-2 to uphold PC approval PDR 91-0006 Iftiad-Tigard Ltd. PREPARED BY: 'OJerry Offer, Ping. DEPT HEAD OK CITY ADMIN OK REQUESTED BY:- Ed Murphy, CDD ISSUE BEFORE THE COUNCIL Should the Council adopt the attached final order in support of the Council's April 14, 1992 decision upholding the Planning Commission's approval of the Site Development Review/Planned Development Review application for a 348 unit apartment complex? STAFF RECOMMENDATION Adopt the attached resolution and final order. INFORMATION SUMMARY )n April 14, 1992, the City Council voted 3-2 to uphold the Planning Commission's approval of the Triad-Tigard Limited Partnership application for development of a 348 unit apartment complex. The Council's decision added conditions of approval requiring the prospective developer to 1) deposit $300,000 with the City prior to the issuance of occupancy permits. This sum is to be utilized for construction of SW 109th Avenue south of SW Naeve Street and is to be compensated by a traffic impact fee credit; 2) revise the site and landscaping plans consistent with the recommendations of the Y applicant's submitted wildlife habitat report; and 3) to comply with the wetland requirements of Community Development Code Chapter 18.84 and State of Oregon wetland regulations for a possible small wetland on the site. In addition, the Council decided to delete paragraph A of condition of approval 015 of the Planning Commission's Final Order requiring the developer to construct interim street improvements on SW Naeve Street between the site and SW Pacific Highway, PROPOSED ALTERNATIVES 1. Adopt the attached resolution and final order. 2. Send the proposed final order back to staff and the City attorney's office with directions for additional findings and/or corrections. FISCAL-NOTES C to direct impacts. Lo ROAD IMPROVEMENT AGREEMENT This Agreement is made this day of 19_, by and between TRIAD TIGARD LIMITED PARTNERSHIP, a Washington limited partnership, hereinafter referred to as "Triad" and the CITY OF TIGARD, hereinafter referred to as the "City." WHEREAS Ordinance No. 92-07 of the Tigard City Council approved an amendment to the Tigard Comprehensive Plan Transportation Map providing for the realignment and extension of SW 109th Avenue to intersect Pacific Highway opposite the existing intersection of Royalty Parkway and designating SW 109th Avenue as a minor collector street. WHEREAS Resolution No. 91-68 of the Tigard City Council found that the purpose of the proposed extension of SW 109th Avenue between Naeve Street and Pacific Highway is to mitigate traffic impacts of future development on the surrounding street system, including Pacific Highway and that the portion of the proposed extension of SW 109th Avenue between Naeve Street and Pacific Highway should be designated as an eligible facility and an eligible project under the Washington County Traffic Impact Fee Ordinance and requested that Appendix "D" (Base Report) of the Washington County Traffic Impact Fee Ordinance No. 379 be amended to include the portion of SW 109th Avenue extension between Naeve Street and Pacific Highway as an eligible facility in Table 2 of the Base Report and as an eligible project in Table 4 of the-Base ! Report. WHEREAS the City of Tigard desires to commence construction of the extension of the SW 109th Avenue between Naeve Street and Pacific Highway during the spring of 1992. WHEREAS the City Engineer for the City of Tigard estimates the cost of construction of the portion of the SW 109th Avenue extension between Naeve Street and Pacific Highway to be approximately $800,000. WHEREAS the Tigard City Council, on October 28, 1991, approved a budget authorizing the expenditure of $300,000 in fiscal year 1991-92 for the improvement of the extension of SW 109th Avenue between Naeve Street and Pacific Highway. WHEREAS it is anticipated that the City of Tigard ` Transportation Advisory Committee will recommend a budget authorizing the expenditure of an additional $200,000 in fiscal year 1992-93 for the improvement of the extension of SW 109th Avenue between Naeve Street and Pacific Highway. T-PP1340 r: T s5 5 WHEREAS Final Order No. 91-11 PC of the City of Tigard Planning commission approved, subject to conditions, an application for Planned Development Review Detailed Development Plan Approval, Site Development Review Approval, and Access j Variance Approval requested by Triad for the development of a 348-unit, la building multi-family residential complex on 26.2 acres of property located at 11165-11185 SW Naeve Street. WHEREAS Final Order No. 91-11 PC of the City of Tigard Planning Commission has been appealed to the Tigard City Council and the Tigard City Council has affirmed Final order r No. 91-11 PC and eliminated the condition in Final Order { No. 91-11 PC which requires Triad to provide interim ? improvements on Naeve Street from the realignment of Naeve Street west to the Pacific Highway. WHEREAS the Washington County Traffic Impact fee Ordinance (TIF) imposes a tax of approximately $292,960 on Triad's development. L WHEREAS the Washington County Traffic Impact Fee Ordinance (TIF) entitles a developer to a credit against the tax for constructing eligible capital improvement. WHEREAS the City Engineer of the City of Tigard has determined that the extension of SW 109th Avenue between Naeve Street and Pacific Highway is within the impact area of Triad's development. WHEREAS the City Engineer of the City of Tigard has determined that the timing, location, design and scope of the extension of SW 109th Avenue between Naeve Street and Pacific Highway is consistent with and furthers the objectives of the capital improvements program of'the City of Tigard. ! s WHEREAS Triad desires to participate in the construction,of the extension of SW 109th Avenue between Naeve Street and Pacific Highway and to receive a credit against the TIF tax for such construction. WHEREAS City desires for Triad to participate in the construction of the extension of SW 109th Avenue between Naeve Street and Pacific Highway. i WHEREAS the parties desire to resolve the terms of Triad's participation in the construction of the extension of SW 109th Avenue between Naeve Street and Pacific Highway and to otherwise set forth their respective requirements and obligations thereto. Y-PP2340 2 1! i NOW, THEREFORE, in consideration of the mutual promises and stipulations set forth herein, it is agreed ^ between the parties as follows: 1. Construction of Road Improvements. Triad agrees to participate in the construction of the extension of SW 109th Avenue between Naeve Street and Pacific Highway on the terms and conditions set forth in this Agreement. 2. Participation. Triad agrees to pay $300,000 of the cost of constructing the extension of SW 109th Avenue between Naeve Street and Pacific Highway. 3. Preconditions to Participation. Triad's obligation to participate is conditioned upon (i) the expiration of all periods for further appeal of the affirmance of Final Order No. 91-11 PC by the Tigard City Council; (ii) the expiration of all periods for appeal of the elimination by the Tigard City Council of the condition in Final Order No. 91-11 PC which requires Triad to provide f interim improvements on Naeve Street from the realignment of Naeve Street west to the Pacific Highway; and (iii) the ultimate affirmance of Ordinance No. 92-07 and the expiration of all periods for further appeal of such affirmance. If the foregoing conditions are not satisfied, this Agreement shall terminate and all obligations of the parties under this Agreement will thereafter cease. 4. Deposit in Escrow. Triad shall deposit a pro rata portion of the $300,000 in escrow upon receipt of all required permits for each building in Triad's development to be held in accordance with the terms of this Agreement. The pro rata portion shall be based on the ratio that the value of such building (as set forth in the permit application) bears to the value of all buildings constructed and to be constructed in the development. Notwithstanding the foregoing, Triad sh«11 deposit the entire $300,000 in escrow prior to the issuance of a certificate of occupancy for any building in Triad's development. 5. Escrow. Triad shall deposit the $300,000 in escrow with Ticor Title Insurance Company (the "Escrow") at its offices in Tigard, Oregon or at such other place as the parties may ( mutually select. Escrow shall deposit the $300,000 in an OEM T-PP1340 3 i.nt ores -beari n.r account -,4 t., t -L_' _ - - ira..~~~t accruing to Triad. The parties shall execute joint instructions to escrow directing it to disburse the funds in accordance with the provisions of this Agreement. Triad shall pay the escrow fee. 6. Participation. The City of Tigard shall use the $300,000 solely for the purpose of constructing the extension of SW 109th Avenue between Naeve Street and Pacific Highway. The City shall spend such funds only on improvements which are eligible for credit under the Washington County Traffic Impact Fee Ordinance (TIF). Escrow shall disburse the $300,000 to City upon presentation of invoices by the City, certified by the City Engineer as accurate, for the cost of constructing credit-eligible improvements to the extension of SW 109th Avenue between Naeve Street and Pacific Highway. Credit-eligible improvements may include right of way acquisition costs and survey, engineering and inspection costs as provided in the Washington County Traffic Impact Fee Ordinance (TIF). 7. Credit. The City shall grant Triad a credit against the tax due on Triad's development under the Washington County Traffic Impact Fee Ordinance in the amount of $300,000 for Triad's participation in the construction of the extension of SW 109th Avenue between Naeve Street and Pacific Highway pursuant to this Agreement. The City shall direct the City Engineer to grant Triad such credit in accordance with the terms of this Agreement. 8. Default. If either party defaults under this agreement the other party shall be entitled to such remedies for breach of contract that may be available under applicable law including without limitation the remedy of specific performance. 9. Miscellaneous Provisions. 9.1 Attorneys' Fees. In the event suit or action is instituted to interpret or enforce this Agreement, the prevailing party shall be entitled to recover from the other party such sums as the court may adjudge reasonable as attorneys' fees at trial or on any appeal, and on any petition for review, in addition to all other sums provided by law. 9.2 Time of Essence. Time is of the essence of each and every provision of this Agreement. 9.3 Notices. Notices under this Agreement shall be C in writing and shall be effective when personally delivered, or T-PP1340 4 if mailed, upon deposit as certified mail, postage prepaid, directed to the other party at the address shown below. Either party may change its address for notices by written notice to the other. Triad: Triad Tigard Limited Partnership City: City of Tigard 9.4 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. 9.5 Changes in Writing. This Agreement and any of its terms may only be changed, waived, discharged or terminated by a written instrument signed by the party against whom enforcement of the change, waiver, discharge or termination is sought. 9.6 Authority. The persons who have executed this Agreement have been duly authorized to do so by the party. The party has a good and legal right to enter into this Agreement and to perform all covenants of the party contained in this Agreement in accordance with its terms. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in duplicate as of the day and year first above written. Triad: Triad Tigard Limited Partnership a Washington limited partnership t By Title: General Partner City: City of Tigard By Title T-PP1340 5 ROAD IMPROVEMENT AGREEMENT C This Agreement is made this day of 19_, by and between TRIAD TIGARD LIMITED PARTNERSHIP, a Washington limited partnership, hereinafter referred to as "Triad" and the CITY OF TIGARD, hereinafter referred to as the "City." WHEREAS Ordinance No. 92-07 of the Tigard City Council approved an amendment to the Tigard Comprehensive Plan Transportation Map providing for the realignment and extension of SW 109th Avenue to intersect Pacific Highway opposite the existing intersection of Royalty Parkway and designating SW 109th Avenue as a minor collector street. WHEREAS Resolution No. 91-68 of the Tigard City Council found that the purpose of the proposed extension of SW 109th Avenue between Naeve Street and Pacific Highway is to mitigate traffic impacts of future development on the surrounding street system, including Pacific Highway and that the portion of the proposed extension of SW 109th Avenue between Naeve Street and Pacific Highway should be designated as an eligible facility and an eligible project under the Washington County Traffic Impact Fee Ordinance and requested that Appendix "D" (Base Report) of the Washington County Traffic Impact Fee Ordinance No. 379 be amended to include the portion of SW 109th Avenue extension between Naeve Street and Pacific Highway as an eligible facility in Table 2 of the Base Report and as an eligible project in Table 4 of the Base Report. WHEREAS the City of Tigard desires to commence construction of the extension of the SW 109th Avenue between Naeve Street and Pacific Highway during the spring of 1992. WHEREAS the City Engineer for the City of Tigard estimates the cost of construction of the portion of the SW 109th Avenue extension between Naeve Street and Pacific Highway to be approximately $800,000. WHEREAS the Tigard City Council, on October 28, 1991, approved a budget authorizing the expenditure of $300,000 in fiscal year 1991-92 for the improvement of the extension of SW 109th Avenue between Haeve Street and Pacific Highway. WHEREAS it is anticipated that the City of Tigard Transportation Advisory Committee will recommend a budget authorizing the expenditure of an additional $200,000 in fiscal year 1992-93 for the improvement of the extension of SW 109th Avenue between Naeve Street and Pacific Highway. i T-PP1340 MEN= f i WHEREAS Final Order No. 91-11 PC of the City of ( Tigard Planning Commission approved, subject to conditions, an application for Planned Development Review Detailed Development Plan Approval, Site Development Review Approval, and Access Variance Approval requested by Triad for the development of a 348-unit, 17 building multi-family residential complex on 26.2 acres of property located at 11165-11185 SW Naeve Street. WHEREAS Final Order No. 91-11 PC of the City of Tigard Planning commission has been appealed to the Tigard City Council and the Tigard City Council has affirmed Final Order No. 91-11 PC and eliminated the condition in Final Order No. 91-11 PC which requires Triad to provide interim improvements on Naeve Street from the realignment of Naeve Street west to the Pacific Highway. WHEREAS the Washington County Traffic Impact fee Ordinance (TIF) imposes a tax of approximately $292,960 on Triad's development. WHEREAS the Washington County Traffic Impact Fee Ordinance (TIF) entitles a developer to a credit against the tax for constructing eligible capital improvement. WHEREAS the City Engineer of the City of Tigard has determined that the extension of SW 109th Avenue between Naeve Street and Pacific Highway is within the impact area of Triad's development. WHEREAS the City Engineer of the City of Tigard has determined that the timing, location, design and scope of the extension of SW 109th Avenue between Naeve Street and Pacific Highway is consistent with and furthers the objectives of the capital improvements program of the City of Tigard. WHEREAS Triad desires to participate in the construction of the extension of SW 109th Avenue between Naeve Street and Pacific Highway and to receive a credit against the TIF tax for such construction. WHEREAS City desires for Triad to participate in the construction of the extension of SW 109th Avenue between Naeve Street and'Pacific Highway. WHEREAS the parties desire to resolve the terms of Triad's participation in the construction of the extension of SW 109th Avenue between Naeve Street and Pacific Highway and to otherwise set forth their respective requirements and obligations thereto. C. T-PP1340 2 MENEM NOW, THEREFORE, in consideration of the mutual promises and stipulations set forth herein, it is agreed between the parties as follows: 1. Construction of Road Improvements. Triad agrees to participate in the construction of the extension of SW 109th Avenue between Naeve Street and Pacific Highway on the terms and conditions set forth in this Agreement. 2. Participation. Triad agrees to pay $300,000 of the cost of constructing the extension of SW 109th Avenue between Naeve Street and Pacific Highway. 3. Preconditions to Participation. Triad's obligation to participate is conditioned upon (i) the expiration of all periods for further appeal of the affirmance of Final Order No. 91-11 PC by the Tigard City Council; (ii) the expiration of all periods for appeal of the elimination by the Tigard City Council of the condition in Final Order No. 91-11 PC which requires Triad to provide interim improvements on Naeve Street from the realignment of Naeve Street west to the Pacific Highway; and (iii) the ultimate affirmance of Ordinance No. 92-07 and the expiration of all periods for further appeal of such affirmance. If the foregoing conditions are not satisfied, this Agreement shall terminate and all obligations of the parties under this Agreement will thereafter cease. 4. Deposit in Escrow. Triad shall deposit a pro rata portion of the $300,000 in escrow upon receipt of all required permits for each building in Triad's development to be held in accordance with the terms of this Agreement. The pro rata portion shall a' be based on the ratio that the value of such building (as set forth in the permit application) bears to the value of all buildings constructed and to be constructed in the development. Notwithstanding the foregoing, Triad shall. deposit the entire $300,000 in escrow prior to the issuance of a certificate of occupancy for any building in Triad's development. 5. Escrow. Triad shall deposit the $300,000 in escrow with Ticor Title Insurance Campany (the "Escrow") at its offices in Tigard, Oregon or at such other place as the parties may mutually select. Escrow shall deposit the $300,000 in an T-PP1340 3 r I interest-bearing account with interest accruing to Triad. The parties shall execute joint instructions to escrow directing it to disburse the funds in accordance with the provisions of this Agreement. Triad shall pay the escrow fee. 6. Participation. The City of Tigard shall use the $300,000 solely for the purpose of constructing the extension of SW 109th Avenue between Naeve Street and Pacific Highway. The City shall spend such funds only on improvements which are eligible for credit under the Washington County Traffic Impact Fee Ordinance (TIF). Escrow shall disburse the $300,000 to City upon presentation of invoices by the City, certified by the City Engineer as accurate, for the cost of constructing credit-eligible improvements to the extension of SW 109th Avenue between Naeve Street and Pacific Highway. Credit-eligible improvements may include right of way acquisition costs and survey, engineering and inspection costs as provided in the Washington County Traffic Impact Fee Ordinance (TIF). 7. Credit. The City shall grant Triad a credit against the tax due on Triad's development under the Washington County Traffic Impact Fee Ordinance in the amount of $300,000 for Triad's participation in the construction of the extension of SW 109th Avenue between Naeve Street and Pacific Highway pursuant to this Agreement. The City shall direct the City Engineer to grant Triad such credit in accordance with the terms of this Agreement. 8. Default. If either party d6faults under this agreement the other party shall be entitled to such remedies for breach of contract that may be available under applicable law including without limitation the remedy of specific performance. 9. Miscellaneous Provisions. 9.1 Attorneys' Fees. In the event suit or action is instituted to interpret or enforce this Agreement, the prevailing party shall be entitled to recover from the other party such sums as the court may adjudge reasonable as attorneys' fees at trial or on any appeal, and on any petition for review, in addition to all other sums provided by law. 9.2 Time of Essence. Time is of the essence of each and every provision of this Agreement. 9.3 Notices. Notices under this Agreement shall be in writing and shall be effective when personally delivered, or T-PP2340 4 if mailed, upon deposit as certified mail, postage prepaid, directed to the other party at the address shown below. Either ( party may change its address for notices by written notice to the other. Triad: Triad Tigard Limited Partnership City: City of Tigard 9.4 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. 9.5 Changes in Writing. This Agreement and any of its terms may only be changed, waived, discharged or terminated by a written instrument signed by the party against tyhom enforcement of the change, waiver, discharge or termination is sought. 9.6 Authority. The persons who have executed this Agreement have been duly authorized to do so by the party. The party has a good and legal right to enter into this Agreement and to perform all covenants of the party contained in this Agreement in accordance with its terms. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in duplicate as of the day and year first above written. Triad: Triad Tigard Limited Partnership a Washington limited partnership By Title: General Partner city: City of Tigard By Title C T-PP1340 5 ROAD IMPROVEMENT AGREEMENT This Agreement is made this day of 19 , by and between TRIAD TIGARD LIMITED PARTNERSHIP, a Washington limited partnership, hereinafter referred to as "Triad" and the CITY OF TIGARD, hereinafter referred to as the ??City. it WHEREAS Ordinance No. 92-07 of the Tigard City Council approved an amendment to the Tigard Comprehensive Plan Transportation Map providing for the realignment and extension of SW 109th Avenue to intersect Pacific Highway opposite the existing intersection of Royalty Parkway and designating SW 109th Avenue as a minor collector street. WHEREAS Resolution No. 91-68 of the Tigard City Council found that the purpose of the proposed extension of SW 109th Avenue between Naeve Street and Pacific Highway is to mitigate traffic impacts of future development on the surrounding street system, including Pacific Highway and that the portion of the proposed extension of SW 109th Avenue between Naeve Street and Pacific Highway should be designated as an eligible facility and an eligible project under the Washington County Traffic Impact Fee Ordinance and requested that Appendix "D" (Base Report) of t11e 'Washington County Traffic Impact Fee Ordinance No. 379 be amended to include the i portion of SW 109th Avenue extension between Naeve Street and Pacific Highway as an eligible facility in Table 2 of the Base Report and as an eligible project in Table 4 of the Base Report. WHEREAS the City of Tigard desires to commence construction of the extension of the SW 109th Avenue between Naeve Street and Pacific Highway during the spring of 1992. r WHEREAS the City Engineer for the City of Tigard estimates the cost of construction of the portion of the SW 109th Avenue extension between Naeve Street and Pacific Highway to be approximately $800,000. WHEREAS the Tigard City Council, on October 28, 1991, approved a budget authorizing the expenditure of $300,000 in fiscal year 1991-92 for the improvement of the extension of SW 109th Avenue between Naeve Street and Pacific Highway. WHEREAS it is anticipated that the City of Tigard Transportation Advisory Committee will recommend a budget authorizing the expenditure of an additional $200,000 in fiscal year 1992-93 for the improvement of the extension of SW 109th Avenue between Naeve Street and Pacific Highway. T-PP1340 WHEREAS Final Order No. 91-11 PC of the City of Tigard Planning Commission approved, subject to conditions, an application for Planned Development Review Detailed Development Plan Approval, Site Development Review Approval, and Access Variance Approval requested by Triad for the development of a j 348-unit, 17 building multi-family residential complex on 26.2 acres of property located at 11165-11185 SW Naeve Street. -t WHEREAS Final Order No. 91-11 PC of the City of Tigard Planning Commission has been appealed to the Tigard City Council and the Tigard City Council has affirmed Final Order No. 91-11 PC and eliminated the condition in Final Order No. 91-11 PC which requires Triad to provide interim improvements on Naeve Street from the realignment of Naeve Street west to the Pacific Highway. WHEREAS the Washington County Traffic Impact fee ordinance (TIF) imposes a tax of approximately $292,960 on Triad's development. WHEREAS the Washington County Traffic Impact Fee Ordinance (TIF) entitles a developer to a credit against the tax for constructing eligible capital improvement. WHEREAS the City Engineer of the City of Tigard has determined that the extension of SW 109th Avenue between Naeve Street and Pacific Highway is within the impact area of Triad's development. WHEREAS the City Engineer of the City of Tigard has determined that the timing, location, design and scope of the extension of SW 109th Avenue between Naeve Street and Pacific Highway is consistent with and furthers the objectives of the capital improvements program of the City of Tigard. WHEREAS Triad desires to participate in the construction of the extension of SW 109th Avenue between Naeve Street and Pacific Highway and to receive a credit against the TIF tax for such construction. WHEREAS City desires for Triad to participate in the construction of the extension of SW 109th Avenue between Naeve Street and Pacific Highway. WHEREAS the parties desire to resolve the terms of Triad's participation in the construction of the extension of SW 109th Avenue between Naeve Street and Pacific Highway and to otherwise set forth their respective requirements and obligations thereto. 1 i S-PP1340 2 NEE= I I C NOW, THEREFORE, in consideration of the mutual promises and stipulations set forth herein, it is agreed between the parties as follows. 1. Construction of Road Improvements. Triad agrees to participate in the construction of the extension of SW 109th Avenue between Naeve Street and Pacific Highway on the terms and conditions set forth in this Agreement. 2. Participation. Triad agrees to pay $300,000 of the cost of constructing the extension of SW 109th Avenue between Naeve Street and Pacific Highway. 3. Preconditions to Participation. Triad's obligation to participate is conditioned upon (i) the expiration of all periods for further appeal of the affirmance of Final Order No. 91-11 PC by the Tigard City Council; (ii) the expiration of all periods for appeal of the elimination by the Tigard City Council of the condition in Final Order No. 91-11 PC which requires Triad to provide interim improvements on Naeve Street from the realignment of Naeve Street west to the Pacific Highway; and (iii) the ultimate affirmance of Ordinance No: 92-07 and the expiration of all periods for further appeal of such affirmance. If the foregoing conditions are not satisfied, this Agreement shall terminate and all obligations of the parties under this Agreement will thereafter cease. 4. Deposit in Escrow. Triad shall deposit a pro rata portion of the $300,000 in escrow upon receipt cf all required permits for each building in Triad's development to be held in accordance with the terms of this Agreement. The pro rata portion shall be based on the ratio that the value of such building (as set forth in the permit application) bears to the value of all buildings constructed and to be constructed in the development. Notwithstanding the foregoing, Triad shall deposit the entire $300,000 in escrow prior to the issuance of a certificate of occupancy for any building in Triad's development. 5. Escrow. Triad shall deposit the $300,000 in escrow with Ticor Title Insurance Company (the "Escrow") at its offices in Tigard, Oregon or at such other place as the parties may mutually select. Escrow shall deposit the $300,000 in an 3 T-PY1340 MM interest-bearing account with interest accruing to Triad. The parties shall execute joint instructions to escrow directing it to disburse the funds in accordance with the provisions of this Agreement. Triad shall pay the escrow fee. 6. Participation. mango= The City of Tigard shall use the $300,000 solely for the purpose of constructing the extension of SW 109th Avenue between Naeve Street and Pacific Highway. The City shall spend such funds only on improvements which are eligible for credit under the Washington County Traffic Impact Fee Ordinance (TIF). Escrow shall disburse the $300,000 to City upon presentation of invoices by the City, certified by the City Engineer as accurate, for she cost of constructing credit-eligible improvements to the extension of SW 109th Avenue between Naeve Street and Pacific Highway. Credit-eligible improvements may include right of way acquisition costs and survey, engineering and inspection costs as provided in the Washington County Traffic Impact Fee Ordinance (TIF). 7. Credit. The City shall grant Triad a credit against the tax due on Triad's development under the Washington County Traffic Impact Fee Ordinance in the amount of $300,000 for Triad's participation in the construction of the extension of SW 109th Avenue between Naeve Street and Pacific Highway pursuant to this Agreement. The City shall direct the City Engineer to grant Triad such credit in accordance with the terms of this Agreement. 8. Default. If either party defaults under this agreement the other party shall be entitled to such remedies for breach of contract that may be available under applicable law including without limitation the remedy of specific performance. 9. Miscellaneous Provisions. 9.1 Attorneys' Fees. In the event suit or action is instituted to interpret or enforce this Agreement, the prevailing party shall be entitled to recover from the other party such sums as the court may adjudge reasonable as attorneys' fees at trial or on any appeal, and on any petition for review, in addition to all other sums provided by law. 9.2 Time of Essence. Time is of the essence of each and every provision of this Agreement. 9.3 Notices. Notices under_ this Agreement shall be in writing and shall be effective when personally delivered, or i-PP114U 4 1 t if mailed, upon deposit as certified mail, postage prepaid, directed to the other party at the address shown below. Either party may change its address for notices by written notice to the other. Triad: Triad Tigard Limited Partnership City: City of Tigard l 9.4 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. 9.5 Changes in Writing. This Agreement and any of its terms may only be changed, waived, discharged or terminated by a written instrument signed by the party against whom enforcement of the change, waiver, discharge or termination is sought. 9.6 Authority. The persons who have executed this Agreement have been duly authorized to do so by the party. The party has a good and legal right to enter into this Agreement and to perform all covenants of the party contained in this s Agreement in accordance with its terms. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in duplicate as of the day and year first above written. Triad: Triad Tigard Limited Partnership a Washington limited partnership By Title: General Partner City: City of Tigard . i i By Title i S i { I 1 i S } S T-PP1340 5 ` 1 i COUNCIL AGENDA ITEM CD CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: April 28, 1992 DATE SUBMITTED: April 16, 1992 ISSUE/AGENDA TITLE: PREVIOUS ACTION: Extensions of Public Utility Franchises / PREPARED BY: Wayne Lowry DEPT HEAD O ITY ADMIN O REQUESTED BY: Wayne Lowry ISSUE BEFORE THE COUNCIL Shall the Tigard City Council extend the current Public Utility Franchise Ordinances expiring in 1992 to allow time for renegotiation of the Agreements? STAFF RECOMMENDATION Staff recommends that the Franchise Ordinances be extended for a six-month period to allow for renegotiation. r INFORMATION SUMMARY The City currently has franchise agreements with the following public utilities: Franchise Ordinance Expiration Term Portland General Electric 72-55 4-1-92 20 yrs. Northwest Natural Gas 82-22 5-9-92 10 yrs. General Telephone 82-12 3-8-92 10 yrs. The adoption of the attached ordinances will extend the termination dates for an additional six months to allow a thorough review of each Agreement prior to entering into new Agreements. PROPOSED ALTERNATIVES 1. Approve Ordinances to extend termination dates for six months. 2. Do nothing. FISCAL NOTES No fiscal impact. All Public Utilities have indicated that their financial responsibility to the City will l/ continue under the current Franchise Ordinance terms until a new Agreement is entered into. x l COUNCIL AGENDA ITEM CD CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: April 28, 1992 DATE SUBMITTED: _ April 16. 1992 ISSUE/AGENDA TITLE: PREVIOUS ACTION: Extensions of Public Utility Franchises PREPARED BY: Wayne Lowry DEPT HEAD O ITY ADMIN O REQUESTED BY: Wayne Lowry - ISSUE BEFORE THE COUNCIL - - _ _ _ Shall the Tigard City Council extend the current Public Utility Franchise Ordinances expiring in 1992 to allow time for renegotiation of the Agreements? - - STAFF RECOMMENDATION Staff recommends that the Franchise Ordinances be extended for a six-month period to allow for renegotiation. INFORMATION SUMMARY The City currently has franchise agreements with the following public utilities: Franchise Ordinance Expiration Term Portland General Electric 72-55 4-1-92 20 yrs. Northwest Natural Gas 82-22 5-9-92 10 yrs. General Telephone 82-12 3-8-92 10 yrs. The adoption of the attached ordinances will extend the termination dates for an additional six months to allow a thorough review of each Agreement prior to entering into new Agreements. PROPOSED ALTERNATIVES 1. Approve Ordinances to extend termination dates for six months. 2. Do nothing. NOTES No fiscal impact. All Public Utilities have indicated that their financial responsibility to the City will continue under the current Franchise Ordinance terms until a new Agreement is entered into. C._ SIM i COUNCIL AGENDA ITEM - I CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: _April 28, 1992 DATE SUBMITTED: April 16, 1992 ISSUE/AGENDA TITLE:Com Plan Amiendmen REVIOUS ACTION: Planning Comm. CPA 91-0005/Zone ordinance Amendmen _ hearing on April 6, 1992 ZOA 91-0006 C unit Commercial PREPARED BY: Jerry Offer, Planner DEPT HEAD O CITY ADMIN OK REQUESTED BY: _Ed Murphy, CDD ISSUE BE RE THE COUNCIL Should the City amend the Comprehensive Plan to create a commercial designation intended to provide limited scale development opportunities for neighborhood/community serving retail and service uses? Should the City amend the Community Development Code to create a new mid-range commercial zoning district to implement this Plan designation? STAFF RECOMMENDATION - - - Adopt the attached ordinances amending the Plan and Development Code. INFORMATION SUMMARY In response to suggestions that the City should provide for a commercial zoning district that would provide a middle ground between the small-scale, limited use C-N (Neighborhood Commercial) zoning district and the broad scope C of permitted uses and large scale of the C-G (General Commercial) zone, the planning Commission directed staff to draft a new mid-range commercial zone. The Planning Division has drafted the attached proposed amendments to Volume Two of the Comprehensive Plan to create a new Community Commercial Plan designation and amendments to the Community Development Code to create a C-C (Community Commercial) zoning district. In addition, related Code revisions are proposed to include the C-C zoning district as needed in indexes, listings of zoning districts, individual conditional use listings, and to apply screening and buffering standards and signage requirements for C-C uses similar to what is required for C-N (Neighborhood Commercial) uses. After two public hearings which included substantial community testimony, the Planning Commission voted 4-3 to forward the proposed amendments to the Council with a recommendation for approval. Dissenting Commissioners were not opposed to the concept of the Community Commercial Plan designation and C-C zoning district, but instead had urged changes in the proposal. ,PROPOSED ALTERNATIVES _ 1. Adopt the attached ordinances amending the Plan and Development Code. 2. Direct staff to prepare ordinances for the May 12, 1992 meeting adopting the amendments to the Plan and Code with revisions related to scale of Community Commercial sites and/or maximum floor area for particular uses. 3. Deny the proposal. FISCAL NOTES one applicable. lot CITY OF TIGARD, OREGON ORDINANCE NO. 92- AN ORDINANCE TO AMEND VOLUME II OF THE CITY OF TIGARD COMPREHENSIVE PLAN TO CREATE n COOMUNITY COMMERCIAL PLAN DESIGNATION AND TO AMEND THE COMMUNITY DEVELOPMENT CODE TO CREATE A NEW C-C (COMMUNITY COMMERCIAL) ZONING DISTRICT AND TO AMEND OTHER RELATED SECTIONS OF THE CODE (CPA 91- 0005/ZOA 91-0006). WHEREAS, the City of Tigard finds it necessary to revise the Comprehensive Plan and Community Development Code periodically to improve the guidance of land usage and development in the City; and WHEREAS, the City of Tigard Planning Commission has initiated the proposed amendments and has held public hearings on the proposed amendments on March 2, 1992 and April 6, 1992 and has recommended 'a approval of the amendments to the Council, and WHEREAS, the City Council held a hearing on April 28, 1992 to consider the amendments. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Plan Policy 12.2.1, at #4 of Volume II of the Comprehensive Plan shall be amended as shown in attached Exhibit A (new section shown in its entirety); SECTION 2: The Community Development Code shall be amended as shown in attached Exhibit B (new Chapter 18.61 shown in its entirety; amendments to existing sections of the Code shown with additions underlined and deletions bracketed SECTION 3: 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 , 1992. Gerald R. Edwards, Mayor Approved as to form: City Attorney Date jo/Ord-CC ORDINANCE No. 92- Page 1 NNIN" ~ ~ ~ B11=-- EXHIBIT A ::..::;:i:,,:»u:i.>•..•;:•:,?«:?::>:.,,...,,.::i:?<..,.>:;•?.;;::,:...;;:.>•~,i.:i,:.>.,,.:..,_t:.:::i.:r:.::.,:..:;,,.vn<„n;,:::?:n,..;.~.•..v.,i:.r,<,r:<.:.;,•?.,..:.,..:Y:::i•• ,;:~.:~:?.y:,::w:.. H:ryv.n j~~ qty. :;+~:k.~~ ~1 .~#:.`,~~r .:54'~b'~.s..~,'~..?e~..•..~.'•'...'~4'...~....:. .~~~i~. t.:..'n~y..,:: ~ ,Aqg,~:,s>.ti•%;¢r:;.:::!r :i3'..4:$?, tfin..,f~~ir...s:?•~"~''xf'':,%< y.;~y! y .'~.'f'.~;«a<y:.ii~„~'.i~:s~">; .;ctr:'s:kA7'. .xa ~e,.,~'• x :"s;A;:', ':il~?~.'.., :;ba>i.. ..nf~W.:r,~,~,.~.,...'S~. :.,,):f:.i; ,s^:,.; ,;.;+...;tt..r.2x.:vxui~:::'s:.w:ssr..,x~~x>.,.:.?„a.•.....//,.<lu~'/'%wtac.~'`Wav :c•tv.•:d::n:w:c?m.rC•.w.•r.?:4•~riox,aon,..rr..v....•.>:: a.:xw...w..?t::ri~.l.,:,.:Y::r { n..cn x4:.i: 2:.. rYi.J: 4. Community Commercial The Community Commercial Plan designation is intended to provide locations for retail and service uses which have a primarily neighborhood orientation. Such facilities should be located so that their frequency and distributional pattern reflect their primary neighborhood orientation. Such facilities should not be so large or so broad in scope and services as to attract substantial amounts of trade from outside of surrounding neighborhoods, and shall be large enough to provide a variety of goods and services at one location. It is further the intent of this designation to restrict the size of such facilities and that the community Commercial plan designation should not be located in close proximity to other commercial areas. a. Scale (1) Trade Area: generally within a 1 and 1/2 mile radius. (2) Gross Floor Area. 30,000 to 100,000 square foot gross commercial floor area. • Food sales up to 40,000 sq. ft. per establishment; general retail sales up to 10,000 sq. ft. per establishment; other commercial sales and service facilities up to 5,000 sq. ft. in size per establishment. b. Locational Criteria (1) Spacing and Location (a) Commercial development shall be limited to one quadrant of a street intersection, or where there is no street intersection immediately adjacent to the site, to one side of the street. (b) Community Commercial districts shall be spaced at least one-half mile from other sites which are designated for commercial retail use. Special consideration may also be given to C ' - 1 - i I providing a similar separation from non- commercially designated sites that involve retail use as part of a mixed use development, or to provide less than the minimum separation for commercially designated sites which are developed with non-retail uses, (2) Access (a) The proposed Community Commercial district shall not be anticipated to create traffic congestion or a traffic safety problem. Such a determination shall be based on the capacity of adjacent streets, existing and projected traffic volumes, roadway geometry of adjacent streets, number of turning movements, and the traff is generating characteristics of the most intensive uses allowed in the zone. (b) The site shall be located along an arterial or 1 a major collector street as designated on the Comprehensive Plan Transportation Map. Sites should be located at or adjacent to an intersection of a major or minor collector street with an arterial or at the intersection of two major collector streets. j (3) Site Characteristics C~- (a) The site shall be a minimum of two acres in size and a maximum of eight acres in size. i (4) Impact Assessment s r (a) The scale of the project shall be compatible with surrounding uses. (b) It is generally preferable that a Community Commercial site be developed as one unit with coordinated access, circulation, building design, signage, and landscaping. However, parcels within a Community Commercial site may be developed independently, although the City may require that developmental aspects of individual parcels be coordinated through the 3 Y development review process. (c) Convenient pedestrian and bicyclist access to a development site from adjoining residential areas shall be provided where practical. Local street connections between Community Commercial sites and adjoining neighborhoods C -2- 5 7 shall be considered on a case-by-case basis. The site configuration and characteristics and relationship to the street system shall be such that privacy of adjacent non-commercial uses can be maintained. (d) Access needs of individual parcels and uses shall be coordinated within a site so as to limit the number of access driveways to adjacent streets. (e) Unique features of the site should be incorporated into the site development plan. (f) Associated lights, noise, and activities shall not significantly affect adjoining residential uses. operating hour restrictions may be placed on uses within the district. r i jo/Com-Coin. Mst C i { 3 - EXHIBIT B •r.:.'J.•}}'F:.;: F;:•::..:::::;:., t:::,:..:.<.:;:.:;:;:::;:::.:.i:'tL::%;': t:.:..:::t>,•:>:::; t:::.>:::..,::t; v::.n•:t ;::>::•<:,•.;•:::<fn::....::::::.;•:;::.,>::.,.,.: Chaster 18.61 C-C COMMUNITY COMMERCIAL DISTRICT Sections: 18.61.010 Purpose 18.61.020 Procedures and Approval Process 18.61.030 Permitted Uses 18.61.040 Conditional Uses (See Chapter 18.130) 18.61.045 Special Limitations on Uses 18.61.050 Dimensional Requirements 18.61.060 Additional Requirements 18.61.010 Purpose A. The purpose of the C-C (Community Commercial) zoning district is to provide locations for convenience shopping facilities that provide for the regular needs of residents of nearby residential neighborhoods. It is intended that the Community Commercial shopping center be ideally developed as a unit, with adequate off-street parking for customers and employees and with appropriate landscaping and screening to insure compatibility with the surrounding residential environment. Gross floor area in a Community Commercial center typically ranges from 30,000 to 100,000 square feet, and land area consists of 2 to 8 acres in size. Community Commercial centers are intended to be separated from other commercially zoned properties which provide retail and service opportunities by at least 1/2 mile. The designation of a site with this district should not create or contribute to a commercial strip development pattern. This district is intended to be located adjacent to several residential neighborhoods, ideally at the intersection of two or more major collector streets or at the intersection of an arterial and a collector street. The district should be applied in only one quadrant of an intersection, or on only one side of a street if the site is not directly adjacent to an intersection. The intended primary service area of the district is up to 1 and 1/2 miles. With respect for the district's primary neighborhood - 1 - s s Ille orientation rather than to the travelling public, signage I { should be strictly limited in size and height. In addition, special concern should be shown for safe and convenient pedestrian and bicycle access to the site and within the development. 18.61.020 Procedures and Approval Process A. A use permitted outright, Section 18.61.030, is a use which requires no approval under the provisions of this title. If a use is not listed as a use permitted outright, it may be held to be a similar unlisted use under the provisions of Chapter 18.43, Unlisted use. B. A conditional use, Section 18.61.040, is a use the approval of which is discretionary with the Hearings Officer. The approval process and criteria for approval are set forth in Chapter 18.130, Conditional Use. It is incumbent upon the applicant for conditional use approval to demonstrate that the intended use is consistent with the purposes of the Community Commercial zone and that the proposed use will not alter the character of the surrounding area in a manner which substantially limits, impairs, or precludes the use of surrounding properties for the primary uses listed in the underlying district. If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of ( Chapter 18.43, Unlisted Use. 18.61.030 Permitted Uses A. Permitted uses in the C-C district are as follows: ;E 1. Civic use types: } a. Public agency administrative services; b. Cultural exhibits and library services; c. Public support facilities; d. Postal services; and e. Public safety services; r 2. Commercial use types: J a. Animal sales and service: ' (i) Grooming; b. Consumer repair services; C -2- I 1 i I INURE i C. Convenience sales and personal services; d. Children's day care; e. Eating and drinking facilities; r f. Food and beverage retail sales (maximum size of 40,000 square feet); g. General retail sales (maximum size of 10,000 square feet); h. General offices, such that where these uses are combined in one structure, each separate establishment shall not exceed 5,000 square feet Q Fs, (t) ftedical and dental services; (i) Financial.{ insurance and real estate 7 services*;. (iii) Professional and administrative servicesy i. Participant sports and recreation: ( i ) Indoor; 3. Single or multi-family residential dwellings, as a mixed use in conjunction with a commercial development, on or above the second floor of the structure, at densities not to exceed 12 units per } gross acre. ' a 4. Home occupations subject to provisions of Chapter 18.142. 5. Temporary uses; 6. Fusl tankal or 7. Accessory structures. 1 18.61.040 Conditional Uses (See Chapter 18.130) A. Conditional uses in the C-C district are as follows: 1. Automotive and Equipment: (i) Cleaning; { 3 I pill COUNCIL AGENDA ITEM CITY OF TIGARD, OREGON _ COUNCIL AGENDA ITEM SUMMARY AGENDA OF: April 28, 1992 DATE SUBMITTED: April 24th, 1992 ISSUE/AGENDA TITLE: Agreement with PREVIOUS ACTION: draft reviewed on Triad on 109 extension December 10, 1991 and April 14, 1992 PREPARED BY: Ed Murphy DEPT HEAD O CITY ADMIN OKIIIZM REQUESTED BY: Randy Woolen ISSUE BEFORE THE COUNCIL Should the Council authorize the City Administrator to sign an agreement with TRIAD TIGARD LIMITED PARTNERSHIP concerning the terms of Triad's participation in the construction of the extension of SW 109th Avenue between Naeve Street and Pacific Highway? STAFF RECOMMENDATION It is recommended that the Council authorize the City Administrator to sign the attached agreement. INFORMATION SUMMARY. In Resolution Number 92-19, the City Council adopted the final order for the development of an apartment complex proposed by Triad. A condition of approval was adopted which required Triad to enter into an agreement with the City of Tigard assuring Triad's participation in the construction of SW 109th between Naeve Street and Pacific Highway. The agreement was to be "substantially similar to the draft agreement proposed by Triad and attached to this approval". The City Council first received the draft agreement at its' December 10, 1991 meeting, and have reviewed it since that time, most recently at its, April 14, 1992 public hearing on the appeal of the Triad application for development. The agreement attached is virtually identical to the one attached the Council reviewed on April 14th, with no significant changes. The city attorney's office has reviewed this agreement. PROPOSED ALTERNATIVES None. Not authorizing the agreement would be inconsistent with the condition of approval. - FISCAL NOTES The agreement specifies how Triad will financially participate in the extension of 109th from Naeve to Pacific Highway. Basically, they will deposit $300,000 in escrow before getting their first occupancy permit, and the City will use those funds, along with City funds, to construct the road. C Triad will receive a credit against their TIF (Transportation Impact Fee) requirements in the amount of $300,000. The total project cost is estimated to be $800,000. al civig,11,11311111111 2. Vehicle fuel sales; 3. Lodge, fraternal, and civic assembly; 4. Parking facilities, including transit centers. 5. Religious assembly; 6. Uses operating before 6:00 a.m. and/or after 11:00 p.m. 7. Drive up windows 18.61.045 Special Limitations on Uses A. Special limitations in the C-C district are as follows: f 1. The use shall be conducted wholly within an enclosed structure, except for outside play areas for children's day care facilities, and as allowed in Subsections 3 and 4 of this section; 2. Unless specified otherwise, no use shall have a gross floor area greater than 5,000 square feet; 3. Accessory open air sales/display/storage shall be C permitted for horticultural and food merchandising uses only and shall constitute no more than five percent of the gross building floor area of any individual establishment; 4. Accessory open air dining or drinking areas shall be permitted for approved eating and drinking establishments or retail food stores only. Outside dining areas are not permitted within 200 feet of any developed residential area. Public or private sidewalk areas around dining areas may not be reduced to less than five feet of clear walkway. 18.61.050 Dimensional Requirements A. Dimensional requirements in the C-C district are as follows: 1. The minimum lot size shall be 5,000 square feet; 2. The minimum lot width shall be 50 feet; 3. Except as otherwise provided in Chapter 18.96 and Section 18.100.130, the minimum setback requirements are as follows: C -4- MEN i 1 t a. No front yard setback shall be required, except a 20 foot front yard setback shall apply within 50 feet of a residential district; b. No corner yard setback shall be required; however, the provisions of Chapter 18.102 (Vision Clearance) must be satisfied; C. No side yard setback shall be required except a 20 foot building setback shall be required from a residential zoning district; and d. No rear yard setback shall be required except a 20 foot setback shall be required from a residential zoning district; and e. All building separations shall meet Uniform Building code requirements; 4. No building in the C-C zoning district shall exceed 35 feet in height; 5. The maximum site coverage shall be 80 percent including all buildings and impervious surfaces; and 6. The minimum landscaping requirement shall be 20 percent. 1.8.61.060 Additional Requirements A. Additional requirements in the C-C district are as follows: 1. Overlay Districts, Chapters 18.80 Planned Development, 18.82 Historic Overlay District, and 18.84 Sensitive Lands; 2. Supplemental Provisions, Chapters 18.90 Environmental Performance Standards, 18.96 Additional Yard Setback Requirements and Exceptions, 18.98 Building Height Limitations: Exceptions, 18.100 Landscaping and Screening, 18.102 Visual Clearance Areas, 18.104 Fuel Tank Installations, 18.106 Off-Street Parking and Loading Requirements, 18.108 Access, Egress, and Circulation, and 18.114 Signs; 3. Site Development Review, Chapter 18.120; 4. Development and Administration, Chapters 18.130 C -5- S {1 f i C Conditional Use, 18.132 Nonconforming situations, 18.134 Variance, 18.140 Temporary Uses, 18.142 Home Occupations, 18.144 Accessory Structures, 18.146 Flexible Setback Standards, and 18.150 Tree Removal; and r. i 5. Land Division and Development Standards, Chapters 18.160 Land Division: Subdivision, 18.162 Land Division: Land Partitioning - Lot Line Adjustment, and 18.164 Street and Utility Improvement a Standards. p _ nrr.•w:«L•,:^:L+:x urix+•n:,:}r:. x•xrr.:: ? frx :x?,}}}r.;:•xa+r^. :o-:i;x;y~:..,>x':+:}g;ox.}:p:tt.:n:L:.•.:•x^}}:.qx;}:^:a.}:L.v2.}:;t»:,tt;L•x.x:?L.p}»:axon}r...ya2>:;..;:y'r.LO:ai+::axm:;;;;i".L ¢ •io>.:, r? ?:f;,v:,}:o:, >.n>•~r:: ~ ~+t;#i}: •y~ ~ryt *~/yy(y `tam:.; ..~:::,:~:7::.. ..;~`:.y~: a,y. ~s~yy~ ~ F .::.v.. t: ,>T.v:: }}::^v^:..::n i^ ...t ' >:`A'n~:i} L;^"lo~.;.f..:L;l"•Yi r`f~:r.: :.i • i''~'~.~N.+~..~ :•::~~.'x /ii~r:. . > •....;~s1~!y.T~1s.~is';s:. l.i~ •'~R;"~~ L.,~:>~ `i,I~„ : ~:L•'d::~,•}~.' ; 'x'i~:ii+:{.i~2 x.2; i; rnC+.C:t}inxi+?^:~v:f'. 'fLY.rM^n}} :.C~L:.r.:{.?CC:`:::..~r %•~YriLY+:4Y.hiii. mvibf:rh:. ~%>S:ii,iii::kiwivi'~r+wrn~mw.vn~+G'/+~i4}i% fY}'.'Sxr-r>.~:<~::~..Ct+.nx~o}n.:...w.::.:r::•...•:ra:}:}:.w:,..::,.;J.:•a>::r•sn,...:::..,..,,,.,:.<~ra:..su>:::±:.a. ~u.: Iyi v'i:.<P} J.•}iii]iii::•$}::•ii}:}x::r:..•'::..;v.4.f}ri::4':iiW:. 4 18.114.130 Zoning District Regulations E. Neighborhood Commercial and Community Commercial Zones 1. No sign shall be permitted in [a] the C-N or C-C zones except for the following: z a. Freestanding Signs: (i) Freestanding signs shall have certain j limitations and conditions when permitted on properties zoned C-N or C-C: (1) One multifaced, freestanding sign per premises shall be permitted subject to conditions and limitations as stated herein; and (2) A readerboard assembly may be an integral part of the freestanding sign; s (ii) Area Limits: F (1) The maximum square footage of freestanding signs shall be 32 square feet per face or a total of 64 square feet for all sign faces. No part of any freestanding sign shall extend over a property line into public right-of-way space; C -6- 'r (iii) Area Limit Increases: (1) The sign area may be increased one square foot for each lineal foot the sign is moved back from the front property line to which the sign is .adjacent. if the street is curbed and paved the measurement may be taken from a point which is 15 feet from the pavement. This increase in sign area is limited to a maximum of 52 square feet per face or a total of 104 square feet for all faces; and (iv) Height Limits: (1) Freestanding signs located next to the public right-of-way shall not exceed 20 feet in height. Height may be increased one foot in height for each ten feet of setback from the property line or a point 15 feet from the edge of pavement whichever is less to a maximum of 22 feet in height; b. Wall Signs (i) Allowable Area: (1) Wall signs, including illuminated reader-boards, may be erected or maintained but shall not exceed in gross area ten percent of any building face on. which the sign is to be mounted; (ii) Wall signs shall be parallel to the face of the building upon which the sign is located; and (iii) If it is determined under the development review process that the wall sign's visual appeal and overall design quality would be served, an additional 50 percent of the allowable sign area may be permitted. No copy will be permitted, however, in the additional area permitted. For purposes of this subsection, 11copy99 includes symbols, logos, and letters; _ 7 f M III C. Directional signs on private property when such signs are solely designed to identify driveway entrances and exits for motorists on adjoining public streets. One sign with an area of four square feet per face shall be permitted per driveway. Said signs shall be consistent with Chapter 18,102, Visual Clearance Areas; d. Temporary Signs in accordance with Sections 18.114.090 and 18.114.100; e. Lawn Signs in accordance with Subsections 18.114.060 A.6 and B.2. f. Special Condition Signs in accordance with Section 18.114.090; and g. Additional Allowable Signs: (i) Awning sign(s), tenant sign(s), flush pitched "roof" sign(s), and painted wall !Y~'~:~!!yy sign(s). III. Zoning District Classifications and Requirements 18.61 Community Commercial District 18.40.010.a Classification of Zones (matrix) Zoning District Map Symbol Dwelling Units Minimum Per Net Acre Lot Size Community Commercial C-C 12 6.000 sq. ft. 18.100.130 Buffer Matrix ADD C-C ZONE TO MATRIX'S LEFT MARGIN WITH OTHER COMMERCIAL ZONING DISTRICTS 8 - zal: IN: iii t v>c~~i'~?#<:`.•++fiuu »:eo•:! J.:4f'+ySA,x~•c~,u!~c5~~~ygy~ t~[~( py{, 'I+ f: ;ll;: ~ Y~y+•,:s~:.'.,.'~Y,:~?%:;~?!:;7:~iLie'if:a!i►r,7,,'Y''<i7r'+`'`'.a57EK ~;FW7~t Au~GiJfv+.vn>4l+~Mm:'9+KF/.viill.•T'iRS++C4v++.w.4.~!+i"M.wr+.iV.ANJ.v'l '~:•fin'M+ri•M i+:+.4ix.K: 18.130.150 Standard Dimensional Requirements for Conditional Use Types 18.130.150.0.19 Parking Facilities a. Applicable Zones: R-12, R-25, R-40, C-C and C-N zones i 18.130.150.0.29 Drive-up Windows a. Applicable Zones: CBD and C-C zones. 5 jo:c-czcne.ord i r i ( j ' i I t i i f - 9 - 1 1 I I i MEMORANDUM CITY OF TIGARD, OREGON TO: Pat Reilly, City Administrator FROM: Ed Murphy, Community Development Directo DATE: April 14, 1992 SUBJECT: Proposed New Community Commercial Plan Designation and Zoning District BACKGROUND In response to suggestions that the City of Tigard should provide for a commercial zoning district that would provide a middle ground between the existing small-scale, limited use C-N (Neighborhood Commercial) zoning district and the broad scope of permitted uses and large scale of the C-G (General Commercial) zone, the Planning Commission on December 16, 1991, directed staff to research and draft a new mid-range commercial zone. In response, the Planning Division has drafted proposed amendments to Volume Two of the Comprehensive Plan to create a Community Commercial Plan designation and to the Community Development Code to create a C-C C. (Community Commercial) zoning district. The following pages summarize the proposed new Plan designation and zoning district. In addition, other Community Development Code revisions are proposed to include the C-C zoning district as needed in indexes, other listings of zoning districts, individual conditional use listings, and to apply screening and buffering standards and signage'requirements for C-C uses similar to what is required for C-N (Neighborhood Commercial) uses. The proposed Community Commercial Plan designation locational criteria and the text for the proposed C-C zoning district have been presented to all of the NPOs as well as CPO 4B and CPO 4M. The cities of Beaverton, Durham, King City, and Tualatin; Washington County; and the Oregon Department of Land Conservation and Development have also been provided with the draft amendments for review and comment. In addition, a substantial amount of comments have been received from individuals and businesses which have an interest in the proposed changes. Written comments received are included in this packet. After two public hearings which included a substantial amount of community testimony, the Planning Commission voted 4-3 to forward the attached package of amendments to the Council with a recommendation for approval. Dissenting Planning Commissioners were not opposed to the concept of the Community Commercial Plan designation and C-C zoning district, but instead had urged changes in the proposal. Planning Commission comments are available in the t attached Planning Commission minutes of March 2 and April 6, 1992. 1 t ~ SUMMARY OF PROPOSAL a. Intent The primary intent of the Community Commercial Plan ! designation and the C-C zoning district is to provide t opportunities for the development of relatively small shopping centers or shopping districts that wculd be located within a primarily residential area. By having commercial opportunities close to neighborhoods, residents may be able to do their shopping or avail themselves of commonly used services with a minimum of travel and a reduced need to enter crowded major collector or arterial streets with their autos. It is also hoped that some vehicle trips might even be eliminated due to the proximity of commercial services to neighborhoods thereby making walking or bicycling to these services practical. b. Scale The proposed C-C zoning district provides for sizes of individual businesses to be limited to what the community feels is necessary to provide for the needs of the intended trade area. Grocery stores would be limited to a maximum size of 40,000 square feet. General retail stores would be limited to 10,000 square feet. Other uses would be limited to 5,000 square feet. The limit on sizes of establishments is also intended as to discourage uses that would bring substantial traffic into the community. In addition, operating hours would be limited in order to reduce the potential for negative impacts upon the neighborhood, although longer operating hours may be permitted for a particular establishment through the conditional use process. The size of the individual Community Commercial districts is proposed to be limited to between two and eight acres in order to limit the physical scale of commercial development surrounded by residential development. C. Locational Criteria Individual Community Commercial districts are proposed to be separated from other commercial districts or commercial developments by at least one half mile so as to avoid strip commercial development. Community Commercial districts are proposed to be located at or close to either the intersection of two major collector streets or at the intersection of an arterial and either a major or minor collector street. Community Commercial districts would be limited to one quadrant of an intersection or one side of a street. It was not the Commission's or staff's intention that the City C- designate any properties with the Community Commercial Pla:i designation or C-C zoning district at this time. J i Nevertheless, staff has applied the basic intersection locational criteria on the attached map in order to show which locations within the city and the city's urban growth area could possibly qualify for the Community Commercial designation. The display of this basic intersection criteria on this map, however, does not include assessment of either existing development at these locations or the proposed Community Commercial site size criteria. These criteria could disqualify any of the circled areas from consideration from redesignation. The areas shown as potential Community Commercial sites may also be unacceptable for redesignation for many other reasons including (but not limited to) traffic problems, existing development on sites, incompatibility with adjacent developed residential areas, topography, and/or a lack of desire by the property owners or the City to change the existing Plan designation and zoning. It is very important to remember that this map only indicates potential Community Commercial sites. Actual redesignation of sites to Community Commercial designations would need to occur separate from the current proposal. The current proposal would only provide changes to the texts of the Comprehensive Plan and Community Development Code to enable potential Community Commercial redesignation of sites in the future. Some of the comments received from the NPOs and others requesting changes in the proposed Plan and Code language may be generated by site-specific concerns with some of the circled intersections on this map. The integrity and usability of the proposed Plan designation and zoning district should not be undermined by too fine tinkering with the proposed text amendments to exclude certain circled sites from potential Community Commercial designation. Exclusion of unwarranted sites should be done through the Plan Map amendment process, if and when requests for redesignation of these sites are made. In order for actual designations of sites to occur, a property owner would need to file an application for a Comprehensive Plan Map Amendment and Zoning Map Change for the particular site for which redesignation is requested. The applicant would need to demonstrate not only that the site was consistent with the locational criteria for the Community Commercial designation, but that the proposal also was consistent with all applicable Comprehensive Plan policies and Statewide Planning Goals, and that there had been a mistake in the original Plan and zoning designations for the site or that physical changes of circumstances had occurred in the area of the subject properties that was supportive of reasons for the requested change in designation. The Comprehensive Plan Map Amendment and Zoning Map Change process that would apply to individual redesignations would be a public review process r, with hearings before the Planning Commission and City Council and notification of neighbors prior to the hearings. t COMMENTS/MAJOR ISSUES C a. Scale Staff readily admits that the proposed two acre minimum and eight acre maximum site size, 40,000 sq. ft. grocery size, and 10,000 sq. ft. retail store maximum size limits were not determined as a result of lengthy analysis of the community's needs or desires. These size limits are proposed based on staff walk-throughs of several grocery stores and shopping centers in the surrounding area, review of the sizes of these centers, as well as the recommendations of The Zoning Report of October 21, 1988. This report is attached. The last sentence of page 4 of this report recommends a maximum grocery store size of 30,000 to 50,000 sq. ft. and a maximum size for other uses of 10,000 to 15,000 sq. ft. in a neighborhood serving commercial zone. In addition, page 7 of that report quotes the text of the Beaumont, Texas Neighborhood Shopping Center zoning district with regard to total shopping center gross floor area and site size limits. Proposed store and site size limits are within the recommended ranges provided in that report and seem reasonable with regard to other developments in the southwest suburban Portland area (see Appendix One - area supermarkets and their respective sizes). We have received comments from Albertsons and their representatives (Messrs. Shonkwiler, Russell, and Petrie) supporting larger store size limits as well as comments from NPO 7 and Mr. Marcott of Murrayhill Thriftway recommending a smaller maximum size for-grocery stores. While both sides' arguments have merit, the Commission was not convinced that the proposed size limits need to be modified one way or the other from the size limits originally proposed by staff. In addition, redesignation of sites with the Community Commercial designations will be accomplished through the Plan map and,zoning map amendment processes. If the city wants to limit the size of the redesignation at a particular location to anything between two and eight acres, it can effectively occur at that point through limiting the size of the area to be designated Community Commercial. Not every site to be redesignated as Community Commercial in the future need be eight acres in size. Tailoring the size of the area to be redesignated to the needs and desires of the surrounding neighborhoods can have the effect of placing de facto limits on the maximum store sizes for that particular site. b. Locational Criteria The principal issues with the proposed locational criteria appear to be distance from other commercial sites and whether Community Commercial developments should be limited to arterial intersections rather than major collector/major collector intersections as well. L4 MEN= First, staff believes it is essential that Community Commercial designations not be limited to arterial street intersections as was proposed by others early on in the development of these proposals. From a suburban development philosophical standpoint, limiting commercial sites to arterials would do nothing to discourage local short trip traffic on arterial streets that are primarily intended and designed for carrying through traffic. In addition, limiting future commercial opportunities to arterials would be counter- productive to efforts to limit strip development and likely would not result in much of a "community" feeling to these developments that would be any different than development within a General Commercial district. If anything, we may be stretching away from the purposes of the proposed Plan designation to include potential sites along arterials. From a practical standpoint, limiting potential Community Commercial designations to arterial intersections would result in only the 135th/Scholls and the western-most Scholls/New Scholls intersections as realistic possibilities for Community Commercial designation. This is due to limitations of the other sites along arterials illustrated on the potential sites map. If any changes are made to the locational criteria intersections standard, we would suggest dropping the possibility of Community Commercial sites along arterial streets. Second, others have proposed a minimum spacing for Community Commercial sites from other commercial sites of one mile. This spacing requirement proposal combined with the currently proposed intersection criteria would result in only one site in the City's urban growth area, at 150th and Bull Mountain Road, meeting these two locational criteria. If the suggested one mile spacing standard would be applied along with the other proposed limitation to arterial street intersections only, no sites in the urban growth area would meet these two basic criteria. Washington County's Department of Land Use and Transportation has recommended that the locational criteria require that the site meet all applicable access spacing/access management standards. City staff feels that this is implicit in the Plan map amendment approval criteria which requires consistency with all applicable Plan policies. Plan policy 8.1.1 requires that a map redesignation proposal provide for a 11 . safe and efficient street and roadway system." This should cover the County's concern. C. Impact Assessment Generally stated, comments received have urged the following: - 1) not allow uses to operate between 11 PM and 6 AM; 2) require adequate screening and buffering; 3) reduce the minimum landscape area standard; 4) require noise abatement in development design; and 5) require pedestrian connections s r I is ll I is=: c between residential developments and Community Commercial developments. While not every future Community Commercial site may be appropriate for late hour operations, late hour operations also serve the needs of a substantial number of city i residents. Because late hour operations may or may not be a detriment to surrounding neighborhoods, individual requests for approval of particular late hour business operations ! should be considered on a case by case basis. i The current package of proposed amendments does include relatively strict buffering and screening standards that were not included in the package reviewed by the NPOs resulting in some of their comments. Staff believes that the 20 percent minimum landscaped area standard is necessary to visually blend the commercial development into surrounding residential areas that typically have 50 percent or greater site landscaping. Additionally, the 20 percent landscaping standard helps distinguish Community Commercial areas from General Commercial and Neighborhood Commercial areas that have ' a minimum 15 percent landscape area standard. The buffering standard, along with requirements for street trees and parking lot island landscaping, are such that future Community Commercial developments will probably have no trouble meeting the 20 percent site landscaping standard without really C trying. Noise abatement is certainly a concern in establishing commercial areas that by definition will be surrounded by residential development. Subsequent to the Tigard Marketplace/Food Connection noise problems, the City has established stronger noise control standards and the site plan and building plan reviewers have learned a lot about design measures to reduce noise impacts. In addition, the proposal to limit late hour operations to situations approved as conditional uses should help reduce the potential for adverse noise impacts upon neighbors. Noise certainly should be an issue in considering individual Plan map and zoning map amendment requests for Community Commercial redesignations as well as in site development and conditional use applications; however, staff does not find that there is a need to further amend the proposed text amendments to deal with noise issues. The suggestion that the proposed Plan and zoning designations promote pedestrian connections between residential areas and commercial development can be implemented, where warranted, through existing authority in the approval standards for development review applications. 4 1 Jill: 00- - =00 T~5 T h e C i t" o f a® a~ "1°~Tl °~ou~ri ~ T I R D S >a. <d. o ~ G b c,~~ TAEE~1'V 'N UVIP.EA ` f Comprehensive R g SEE NOTE - P 1 an n ,I Ate; Transportation r LN heap DAKUTA E Figure 3- `,R SEE NOTE, 5a \ Light Rail 1 4, \ \ Corridor MAW- Study Area Study Area E ~ t S H ~ NOTE Arterial Y 3. - Ma' or Collector M i n o r NOTE 9 Sr < Collector + Freewa + or SEE NOTE + R Inters CCgStT65 + D'9ital Isla t asp raprese r + - I - tsl i oacaay it by Ue CifT - - - Ti'and atil iiisg Csogra- v£ 1 y"ic telera.e:iu STS/sm ( Gi5) sat lvare. lefor- 1 aatioe t,tttrs}ed sere asl he lelsaded to 9e or O r d i n a n c e e e N o oRD 91-13 - { ed sits ddd t SEE N o R T H tec0eicaiedad//or ietsrpretatirs date Map adopted JUNE 11, 1991 NOTE .a de fermi etd lle City sl iigsrd. See back for revision schedule ((03/91) 8 ~ p 3600 (03J19191) -F 'r AREA ESUPIERMARKETS AND THEIR RESPECTIVE SIZES In order to give you a better understanding of stores and their sizes, this list was obtained from United Grocers database. It is accurate to within 5%. SUPERMARKET LOCATION SIZE FOOD CONNECTION TIGARD 40,000 FOOD CONNECTION ALOHA 40,000 ALBERTSONS KING api ( Deut Haar t 4-1 w) 44,000 ALBERTSONS 1857TH& WALKER 45,000. SAFEWAY _ LAKE GROVEMMIA I 47,000 ( SAFEWAY TIGARD (Nall # qAw) 30,000 SAFEWAY CEDAR HILLS 22,000 SAFEWAY CEDAR MILL 25,000 SAFEWAY ' 10TH & JEFFERSON 23,000 SAFEWAY BARBUR BLVD. 25,000 T RHrTWAY 185TH & BASELINE 24,000 THRIbTWAY ALLEN & LOMBARD 25,000 THRIFTWAY NIT. PARK 26,000 THRIIF'II'WAY WEST SLOPE 1 1, 000 THRETWAY 25TH & SW GLISAN 16,000 LAKE GROVE MARKET BOONFS FRY & BRYANT 2 3 , 0 0 0 ~owARDS (ARCEA)Wiky ~ow,v C' JrEe 38WO -5 T- I Aj I) -,&AP-D Td)wN :5C~LAAAC-- affrox aa co-ves • l ~ r,~~ nna-Q ~C~ rP~~c~ ~ ~ a.creS ~PP~ND ~ X ~~E LIST OF ATTACHMENTS C_. 1. Planning Commission Minutes • April 6, 1992 • March 2, 1992 O February 3, 1992 2. The Zoning Rem - October 21, 1999 "Zoning for Supermarkets" 3. Letters of Comment; a. Scott Fussell b. William Jackson - Safeway C. Max Anderson - Fleming Co. d. Craig Petrie - The Petrie Co. e. Matt Marcott - Marcott's Thriftvvay Stores f. Alan Jones - United Grocers g. Roger Staver - United Grocers h. Roger Staver - United Grocers i. Rick Senzel - United Grocers 9. Jim Robinson - Thriftway br/List.PC r 5.3 Continuation of eublic Hearing for Comprehensives elan Amendment CPA 91-05/Zone ordinance Amendment ZOA 91-0006 Community Commercial Plan _ Designation/C-C Zoning District The Planning Commission will consider amending Volume II of the Comprehensive Plan (Findings, Policies and Implementation Strategies) to add a purpose statement and locational criteria for a new Plan designation intended to provide opportunities for commercial development serving the regular needs of surrounding residential areas. The locational criteria would limit the establishment of these districts to 1) areas between two and eight acres in size; 2) limited locations due to specific locational criteria, and 3) locations separated from other commercially zoned properties. In addition, the Commission will consider amending the Community Development Code to create a new zoning district intended to implement this Plan designation. Some of the permitted uses in the zone would be limited size grocery stores, retail establishments, restaurants, and offices. Also, the Commission will consider Community Development Code amendments related to signage, landscaping and screening for uses within the proposed new zone. The Commission is holding this hearing for the purpose of forwarding a recommendation to the City Council relative to the proposed amendments. The City Council will hold a subsequent hearing before deciding whether to adopt the proposed amendments. No locations are presently being considered for designation with the new Plan designation or zoning. o Associate Planner Jerry Offer advised that the comments received during the 7-day period following the previous meeting were provided in the meeting packets. He said there was no information which differed from that received at the last hearing. He advised the main issue was the scale of grocery stores. o Commissioners Fyre and Saporta, who were not at the previous meeting, stated they had read all the material and felt sufficiently informed to make a fair decision. o It was agreed to limit questions to points of clarification. o Commissioner Castile favored looking at each site on an individual basis to judge whether there is a need for a smaller or larger store. He favored considering allowing stores up to 50,000 sq. ft. He suggested this be written as an outright use. o Commissioner Hawley favored limiting the outright use as written, but allowing specific sites to have larger stores as conditional use after review by neighborhood residents. PLANNING COMMISSION MINUTES - APRIL 6, 1992 PAGE 4 C. o Commissioner NR,ure agreed with Commissioners Castile and Hawley, stating his main concern was what the community wants. He noted the way the staff has written the amendment and ordinance favors what is best for C the community rather than the individual applicants. o Commissioner Fessler advised she studied the needs for a site with 25,000 sq. ft. grocery store, miscellaneous shops, landscaping requirements, and parking area. She concluded that 3 acres would be sufficient, and she suggested 8 acres may be too large for this type of use. She was concerned with keeping things to the scale of a neighborhood. She noted she was hesitant to allow 24-hour use and drive-up windows. Discussion followed regarding appropriate size for sites. o Commissioner Boone stated he favored a land area of 2 to 6 acres in size, based on research he had done at several community stores. Regarding conditional use at the discretion of the Hearings Officer, he would favor 30,000 sq. ft. maximum size for grocery stores. He did not feel there should be limits on single-family residential as a mixed use in this zone. He favored eliminating drive-up windows. o Associate Planner clarified the Hearings Officer's consideration of public input, and he noted the code is binding. o Commissioners Saporta and Moore favored the proposal as written by staff. o Commissioners Boone and Fessler preferred to limit the site size to 6 acres. o Commissioner Hawley was in favor of the March 12th wording and wanted to leave out conditional use for larger stores. o Commissioner Castile did not agree with limiting the grocery store size. o Commissioner Fyre stated he was comfortable with the way staff had written the proposal. * Commissioner Moore moved and Commissioner Hawley seconded to forward a recommendation to City Council for approval of CPA 91-05, ZOA 91-0006, Community Commercial Plan Designation C-C Zoning District as written. Motion passed by majority vote of Commissioners present, with Commissioners Castile and Boone voting "Nay." 6. OTHER BUSINESS - o Senior Planner Dick Bewersdorff advised there was a Regional Growth Conference on April 21st, and he encouraged Commissioners to attend. He requested they notify Bonnie Mulhearn by April 7th and turn in the completed registration form if they would be attending. PLANNING COMMISSION MINUTES - APRIL 6, 1992 PAGE 5 MENEM= /\r f o Senior Planner advised that Community Development Director Ed Murphy would like to meet with the Planning Commission for a 20 minute AIM presentation and question/answer session regarding growth in the region. Commissioners were agreeable. ADJOURNMENT - 9:25 PM Ellen P. Fox, Secretary ATTEST: Milton F. Fyre, President PLANKING COMMISSION MINUTES - APRIL 6, 199~? PAGE 6 6. PUBLIC HEARIN( 6.1 COMPREHENSIVE PLAN AMENDMENT CPA 91-0005 ZONE ORDINANCE AMENDMENT ZOA 91-0006 COMMUNITY COMMERCIAL PLAN DESIGNATIONJC-G ZONING DISTRICT The Planning Commission will consider amending Volume II and the Comprehensive Plan (Findings, Policies and Implementation Strategies) to add a purpose statement and locational criteria for a new Plan designation intended to provide opportunities for commercial development serving the regular needs of surrounding residential areas. The locational criteria would limit the establishment of these districts to 1) areas between two and eight acres in size; 2) at limited locations; and 3) locations separated from other commercially zoned properties. In addition, the Commission will consider creating a new zoning district intended to implement this Plan designation. Some of the permitted uses in the zone would be limited size grocery stores, retail establishments, restaurants, and offices. Also, the Commission will consider Community Development Code amendments related to signage and landscaping and screening for uses within the proposed new zone. The Commission is holding this hearing for the purpose of forwarding a recommendation to the City Council relative to the proposed amendments. The City Council will hold a subsequent hearing before deciding whether to adopt the proposed amendments. No locations are presently being considered for designation with the new Plan designation or zoning. o Associate Planner Jerry Offer explained the purpose of this type of zone and how it can meet certain needs of the community. He reviewed the Planning Commission's direction to staff suggesting the creation of a new plan designation and zoning district. He discussed comments received and distributed a copy of a letter from NPO V. He gave details about types permitted uses. He explained the locational criteria and how it differed from Commercial Zone criteria. He advised that additional language was added to deal with special zone issues. He talked about special circumstances and ways to provide flexibility. He said the biggest issue yet to be determined was the maximum size for grocery stores. He discussed signage, buffer requirements, and traffic issues. On-the wall map he pointed out specific sites which would fit the locational criteria; but he said the Commission would not be designating any sites, only designating the type of zone. o Associate Planner discussed grocery stores in particular, and staff's efforts to determine appropriate size needed to fit in with the character of the neighborhood. He advised that staff recommended allowing residential to exist above commercial space and to allow home occupations in this zone. He answered questions from Commissioners pertaining to site landscaping and buffer requirements. o Regarding comments received, Senior Planner advised that NPO #3 suggested that the spacing from other commercial sites should be a minimum of 1 mile. However, he noted this would eliminate all but one potential site. He discussed additional comments received and advised that the main issues concerned the spacing between sites, the minimum and maximum acreage for the sites, and the store size in the case of grocery stores. PLANNING COMMISSION MINUTES - MARCH 2, 1992 PAGE 2 MENEM o john Shonkwil 13425 SW 72nd, Tigard, spoke behalf of Albertsons regarding grocery stores. He spoke about the preliminary application to build an Albertsons and the ordinance system in place. He spoke about the need for a Community Commercial zone and provided examples of areas which need this type of zone. He provided information about Beaverton commercial districts. He said the key issue is the appropriate size for a grocery store. He cited reasons why the size limit should be 50,000 square feet. He said consumers wish to have more product choice. He advised that the larger size store will not necessarily adversely effect the neighborhood. He referred to the letter received from Marcott's Thrifway (see packet). He pointed out building dates and named stores which were not mentioned in the letter which are larger in size. He referred to his February 24, 1992 letter (see packet) comparing recently-built stores of various companies. He concluded that 50,000 square feet appeared to be the most feasible. He spoke about avoiding conditional uses which would result if 30,000 square feet was the limit. He talked about other types of retail operations, such as variety and drug stores. Concerning limitation of hours of operation, he suggested it would be more appropriate to allow grocery stores to operate 24 hours a day to meet consumer needs. He suggested there may be good reasons to change the maximum site size to 10 acres. He provided a site plan for the proposed Albertsons and Payless stores to show (Exhibit A). He talked about landscaping and screening requirements, suggesting 15 percent would be better than the proposed 20 percent. He submitted to the Commission a petition (Exibit B) which he said was signed by 540 residents who are in favor of building an Albertsons grocery store on the site at Scholls Ferry Road at Murray Boulevard. o Associate Planner requested that Mr. Shonkwiler consider whether it is appropriate to submit this petition concerning the specific site at this hearing, as there is no application yet. Mr. Shonkwiler clarified that this petition is merely to demonstrate the interest in this type of business and the size proposed. There was discussion as to the propriety of this type of petition. Associate Planner recommended that Planning Commission allow Mr. Shonkwiler to withdraw the petition. Mr. Shonkwiler declined to withdraw the signed petition. o Gary McMurray, Suite 435 Benjamin Franklin Plaza, stated he represents the owners of property at Scholls Ferry and Murray, Mr. Scott Russell and his family. He said it was important to have a zone that works. He spoke about limiting grocery store size and the associated issues. He stated he preferred the 50,000 square foot maximum. PLANNING CON4ISSION MINUTES - MARCH 2, 1992 PAGE 4 C .o o Beverly Froui 12200 SW Bull Mountain Road, ted she was speakino for., herself. She asked the Commission to think about the goal of this amendment. She read from the proposed 'amendment language pointing out that "primarily neighborhood orientation" indicates the intention to not attract substantial amounts of business from outside the area. She read about the intent of the locational criteria, and she favored a 1 mile distance spacing from other commercially designated areas. She pointed out some conflicts in the wording, and she commented it would be difficult to retrofit this zone into an already established community. She brought up the issues of noise, lighting, and accompanying enforcement problems. She said she favored this type of zone as it is basically a good idea, but with careful limits. She did not agree that a neighborhood needs a 24 hour grocery store. She suggested the Commission take time and think through all the issues and define all the terms. o Craig Petrie, 9600 SW Capitol Highway, said he is a real estate broker. He commended Associate Planner Offer and the staff for :heir efforts in developing this zone amendment. He favored providing convenient shopping for neighborhoods to promote conservation of gasoline. He expressed his preference for a 50,000 square foot grocery store, as they offer consumers more variety and better prices. o Scott Russell, Scappoose, advised he owned property which Albertsons is interested in. He described his property which is divided into several different types of uses. He said the proposed CC zone would be a means of eliminating some of the conflicting use problems. He pointed out that having a commercial area established prior to residential development, allows people to choose how close they live to a commercial _ area. He favored increasing the size to 10 acres and the size to 50,000 square feet. o Katie Dorsett, 13847 SW Hindon Court, said she lives near the proposed Albertsons site. She talked about the discussions with many people concerning what is needed to fill in the gap between Neighborhood Commercial, which is supposed to be 2 acres, and the Commercial Zone, which would be big stores. She said they arrived at 30,000 square feet, because there needs to be something new. She said she would even favor a maximum size of 25,000 square feet. o Matt Markott, Meridian Apartments, advised he operates several Thriftway Stores, including Murray Hill Thriftway. He discussed the various sizes of Thriftway Stores. He said the reason for larger stores being built in recent years is because the developers choose the larger store tin build. He talked about some successful smaller stores, naming specific stores which are around 25,000 square feet. He discussed the various corporate agendas which dictate what size they are willing to build and operate. He suggested the most appropriate size for a grocery store in a neighborhood is not 40,000 square feet, but smaller. E PLANNING COMMISSION MINUTES - MARCH 2, 1992 PAGE 5 f . - i i 6 O W111111 SSIUnt'r l-1UU1V PUIIILV(J UUL LIIUL Lilly Brut IIRJ YJUa iIUL Llft 11PPI UPI cu LC ti-a and near to be discussina corporate str: gies. o Don Duncombe, 17001 NE San Rafael, Portland, stated he is Real Estate Manager for Albertsons Stores for the northwest. He commended Associate ; Planner Jerry Offer for the work done on this proposed new Community Commercial designation. He advised that limiting the size of grocery stores to 40,000 or less would mean that only Thriftway will build the store. Commissioners objected to bringing the corporate strategies into the i hearing. There was further discussion and Mr. Duncombe disagreed with the Commission's viewpoint concerning the topics of concern. Commissioner Barber advised that a debate was not the proper format for this hearing. Commissioner Castile suggested waiting until the next meeting to make a decision based on the information which has been received. There was agreement to delay the decision until the next meeting. PUBLIC HEARING CLOSED o Commission agreed to accept written testimony for seven days, the deadline being March 9, 1992. o Commissioner Boone expressed concern about some of the language regarding pedestrians, bikes, and automobiles. He did not favor regulating sidewalks, allowing drive-up windows, or establishing densities in the case where residential units are mixed in with Community Commercial. o Commissioner Fessler agreed that it was important to take time to C_ consider all the issues which have been brought up. o Commissioner Moore pointed out that the most controversial issue seems to be maximum square footage. o Commissioner Hawley spoke about the need to be clear about the concept of serving the-community and neighborhood with this new zone, and perhaps there is a need to have two new zones to fit in between the two existing ones. o Commissioner Castile suggested there was a need to re-zone one or two parcels, and he requested information from staff as to what areas are available for building a large grocery store. o Commissioner Barber said there was clearly a need for this type of zone. She favored leaving home occupations as a permitted use and agreed with previous comments about needing more information before a recommendation can be made to Council. She commended staff for their work on the proposed new Community Commercial Plan Designation, and she thanked the NPOs for their input and the representatives from Albertsons and Thriftway for their information. PLANNING COMMISSION MINUTES - MARCH 2, 1992 PAGE 6 o There was discussion regarding maximum size. Commissioner Castile indicated concern for the. shopping center retailers and suggested temporary sign limitation based on frontage. Monument signs were discussed. Senior Planner provided clarification stating that each business would be allowed to. have a temporary sign for 30 days four times a.year. There was discussion regarding advantages of businesses joining together to have several names on one sign. Commissioner Saporta suggested limiting the size. Commissioners favored 24 square feet maximum with no one side larger than 12 square feet. PUBLIC HEARING o There was no one signed up to speak on this item. PUBLIC HEARING CLOSED * Commissioner Fessler moved and Commissioner Castile seconded to forward recommendation to.City Council to approve the proposed amendments to the Community Development Code pertaining to Temporary Signs (Ch. 18.114.100) with a modification to Section C.2, changing maximum square foot to 24 square total with no side larger than 12 square feet. Motion passed by unanimous vote of Commissioners present. o Discussion followed regarding the method for notifying merchants of changes to Temporary Sign Code. 6. OTHER ,-6.1 Progrdss Report/Work Session on COMPREHENSIVE PLAN AMENDMENT CPA 91-0005 .ZONE ORDINANCE AMENDMENT ZOA 91-0006 COMMUNITY COMMERCIAL PLAN DESIGNATION to create a new Community Commercial Plan designation and zoning district. Associate Planner Jerry Offer updated the Commission concerning the Community Commercial Plan Designation. He provided a brief history of how this CPA originated. He advised the NPOs were provided with the draft outline to review. He discussed responses received, which were both in favor and against the amendment. He distributed copies of a letter received from Marcott's Thriftway Store which provided a list of typical stores in the area and their square foot size for comparison purposes (see Exhibit A). He encouraged the Commissioners to pay attention to the various sizes of stores they use during the next month. There was discussion of services offered in various stores and reasons to limit or not limit sizes of stores in this proposed zone designation. o Associate Planner described the features which make good sites and explained why this type of site is limited. He talked about conditional uses which might be permitted. He handed out a copy of a memo from Craig A. Petrie dealing with issues of similar uses in CC zone as in CP zoned property, landscaping requirements, and pedestrian access to sites from residential areas (Exhibit B). PLANNING COMMISSION MINUTES - FEBRUARY 3, 1992 PAGE 7 C F_d o Discussion followed concerning stores which are currently interested in building. Drawbacks for residents were noted, and Associate Planner explained proposed buffering standards. Commissioners discussed signage, lighting, and pedestrian access issues. o Associate Planner answered questions about fuel tanks, accessory structures, canopies, automotive equipment and cleaning. Hours of operation were seen as important to regulate. He advised these sites were best for retail establishments geared to serve 1 1/2 mile area. The role of competition was raised. He said the NPOs will review drafts and provide written comments to Commission. 7. ADJOURNMENT - 10:45 PM Ellen P. Fox, Secretary ATTEST: Harry Saporta, Commissioner PLANNING COMMISSION MINUTES - FEBRUARY 3, 1992 PAGE 8 mug Ask THE ZONING REPORT For Planning and Zoning Professionals ISSN 0748-0083 VOL. 6, NO. 11 - OCT 21, 1988 - Charles Reed, AICP, Editor/Publisher - $48/year/subscription ZONING FOR SUPERMARKETS Consider limiting the size of future new super- Supermarkets are a low-profit, low overhead markets allowable in your neighborhood busi- operation. The incentive for investment gain by ness zone. As the largest and most important food companies is to obtain an enormous stable commercial land use serving neighborhoods, cash flow by developing and maintaining a they have been steadily increasing in size over steady dependable level of food sales volume the years. with careful cost control. Food companies rein- In many cases, they have become too large a to vest this cash flow in three ways: by building serve neighborhood--only functions. In future more well-designed, well-located supermarkets; years, they may become even larger-gigantic by iWoving the profitability of existing stores in-size-too big to be residentially compatible by store remodeling and expansion and careful in neighborhood shopping zones. cost control; and by eliminating unprofitable In this issue cf The Zoning Report, we dis- stores in the chain. Business risk for the food cuss the economics of supermarkets as the ba- company declines quickly as the number of sis for public planning for them, revisions to well-managed stores in the chain increases. 1 your zoning codes to accommodate trends in Profit on food sales is razor thin-less than supermarket development, site plan review for one percent. This percentage has been declin- supermarkhts, and local public infrastructure ing gradually over the years, almost to an at- r required from developers proposing new large cost basis. But profit on non-food items sold in supermarkets. supermarkets is much higher, several percent Past issues of The Zoning Re rt whose top- of sales. Thus, to make more money in super- ics relate closely to zoning solutions for super- market retailing is to increase the percentage markets include: Sept 24, 1984, "How to obtain -of nonfood sales relative to food sales. To ex- successful screens between commercial and pand non.ood sales, food companies must ex- residential zones and uses;" Oct 29, 1984, "What you need to know about retail parking zoning requirements;" and Nov 21, 1986, "Your Don't forget . off-street loading regulations may be seriously out of date." to include us in next year's budget, start- ing January 1st or any time in 1989.. . Planning characteristics of supermarkets Budget us for $48 You need to understand a few key basics about We're keeping our rates the same as usual the economics of supermarket retailing before for new subscriptions and renewals start- you start revising your zoning and site plan ing any time in 1989.- standards for supermarkets. 1988 by Charles Reed 1404 N. State Road 7, Suite 269; Margate, Florida 33063 - Mailing address: PO Box 6529; Margate, Florida 33063 - i THE ZONING REPORT Page Two C pand floor space to display nonfood items, but 5-10% of market share to be Aable. Thus, at ! they can never reduce the amount of existing 15% per store to capture 75% of food sales in floor space-door food sales. For most supermar- the trade area, the neighborhood is served by kets, total profit averages about one percent . five or six stores. These are sited on business of all sales, since non-food sales are about streets, about 2-6 blocks between supermarkets 15-40% of total sales. along arterial streets. Food sales do not expand perpetually. A person A supermarket does not seek the most desir- eats only so much food-but everybody must able commercial site available in its neig n- eat. So the market for food sales is guaranteed hood trade area. For a supermarket, food com- but only to a limited maximum in a trade area. panies prefer a less costly site with lower visi- The competitive goal among supermarket bility, on lower-volume major streets at a se- companies is to capture the largest stable condary location. Most patrons live near the share of food sales available within in a neigh- store, shop it weekly, and know where it is borhoo . I an single supermarket store cap- located-thereby a high-visibility top-value site tures an inordinately large share of food sales is not necessary. Lower site cost is a trade-off (more than about 15%) available within a for the high cost of aggressive advertising. neighborhood, competitors are quick to find out why-then to take steps to recapture excess The optimum size of supermarket store has not market share. et been reached. Optimum size is reached Supermarkets compete aggressively for non- when the size store in floor area derives supermarket food sales. Nonsupermarket enter- the lowest dollar of cost per dollar of sales. InAft prises that sell food at retail take about 25% the search for optimal size, GFA for su ermar- of the total food sales generated by a typical kets has been increasing steadily since t e residential neighborhood (which excludes high- first supermarkets six decades ago started at way-tourist-traveler food sales). These enter- 3500-5000 sq ft per store. As stores get big- prises include sit-down and fast-food restau- ger, economies of scale keep improving and rants, 7-11-type convenience stores, gas-sta- larger trade areas are served through greater tion mini-marts, health food stores, bakeries, sales food volume through lower food prices meat markets, and food sales in drug stores. for a larger variety of food items. Supermarkets try to counter this competition To upgrade the average GFA for all stores in by selling, for example, fresh daily prepared the chain, food companies close or modernize foods, cooked take-out meats and prepared older smaller stores and build much larger party trays. stores on new sites. Older small su ermarkets, with a GFA of Determine how many supermarkets are needed 10,000-15,000 sq it or less, on small tight to support a neighborhood. The remaining 75% sites, are replaced or expanded as soon as pos- o neighborhood food sales is generated by su- sible by chain food companies in five ways: permarkets and discount warehouse food stores. (1) by being closed and the neighborhood The trade-area radius for conventional super- abandoned by a fo-o-J -company; markets is about 1-1/2 miles, in medium-density (2) by being replaced by a modern larger neighborhoods, about 5000 persons per square store nearby on anew larger site, on major mile. This radius describes an 8-10 sq mile arterials, readily accessible to a larger trade trade area, which supports a population of area; 40,000-50,000. Each supermarket captures (3) by being ~~ex2~a_nd~~ed on the site by con- about 15% of food purchases in its trade area, strutting additional floor area (and, perhaps, no matter what the size of supermarket is. Dis- the site expanded by purchase of neighboring count warehouse food stores need only capture properties); R E October 21, 1988 Issue Page Three THE ZONING REPORT (4) by getting complementary businesses to 35,000 to 50,000 sq ft GFA, but average about 1 ocate next to them on the same site or on 40,000-45,000 sq ft, on sites 3-5 acres in size, abutting. sites. These businesses, owned by oth- with a 1-1/2 to 2-mile trade-area radius. er companies, are chain drug-variety stores, Supermarkets larger than this are being built, package liquor stores, a good bakery, a deli usually about 50,000-60,000 sq ft in size, serv- market, or a beauty shop; ing several neighborhoods through a larger (5) by being converted to other types of food trade area radius of 2-3 miles. stores that are pr~` o iFfaRe in an old small store building and small site. Conversions usually are "Hypermarkets" are the super-giant food stores to discount warehouse type food stores or spe- of the future, being built in scattered locations cialty food stores, around the nation. These stores combine a su- permarket with a general merchandise junior Discount warehouse type retail food stores, are department store/discount store (like a K-Mart, sm611 10,000-22,000 sq t GFA , most being Target, Venture or Wal-Mart). Food store su- conversions of older obsolete supermarket permarket companies are going into joint ven- buildings, but some "box stores" (stores selling ture with discount store companies to build only pre-packaged and dry foodstuffs) occupy these large stores. general tenancy space in a small shopping cen- These stores have 100,000 to 220,000 sq ft ter. These stores sell less food items, perhaps GFA (the largest so far--which is five acres 3,000 or so items compared to 8,000-10,000 and counting). Obviously these stores have items sold by modern conventional superman- community- and metropolitan-sized trade areas L kets. Food items sold by discount stores are on large 20- 30-acre sites next to two or more limited to those with high turnover. Discount arterial streets. stores lower their costs by less advertising and Their food sales objective is to dramatically less services. i ncrease sales of non-food. items-which in- Specialty food stores sell ethnic foods, ko- creases profit margins or the entire store. But skier toods and delicatessen items, seafood or profit margins can be reduced tc offer very meats, or, specialize in (say) party foods and low prices on all items sold in the store. The items. They are successful usually only with stores not only sell convenience variety goods, smaller GFA, 2500-10,000 sq ft, since their but also sell nonconvenience con ara.tive-sho smaller sales volume cannot support excess per goods (such as color TVs). The expectation GFA in larger stores. They often have large. is at patrons do not shop the entire store, so community-wide trade arias for their small many trips over time will be made to shop the sales volume, requiring high visibility on arter- store--including regular food shopping trips. ial streets. The percentage of non-food floor area for hypermarkets is 50-75% compared to 10-15% Recent existing smaller conventional su ermar- for small supermarkets, 20-25% for large super- kets stay in business i they are efficiently markets, and 30-359 for supermarket-large operated, have good access and dock space for drug-variety combination stores. freight unloading and storage of foodstuffs di- We would expect that hypermarkets would rectly . by off-the-road eighteen-wheeler semi draw a food sales market share of about 15%-- trucks, and have adequate parking and site about what a conventional supermarket draws. design. Minimum successful operating size is But the hypermarket draws this from a much about 22,000-25,000 sq ft for recent, not- larger trade area, several times the size of a yet-depreciated (10 years old or less) stores, typical supermarket trade area. We would anti- with a I to 1-1/2-mile trade-area radius. cipate, if they are successful, hypermarkets New conventional supermarkets now being will close the equivalent of one supermarket r built in neighborhoods range in size from within each of the neighborhood trade areas October 21, 1988 Issue THE ZONING REPORT _ Page Four within the hypermarket trade area-which day. Parkers are willing to tolerate longer might be a major difficult reduction in the via- walking distances in large parking lots, since bility of some smaller ler neighborhood shopping the grocery trip is a major and essential trip, areas in the built-up areas of cities. with groceries carried across parking lots in grocery carts. Parking turnover is rather low, Travel characteristics of supermarkets include perhaps as low as once to twice per hour for trip and parking generation, and the amount of close-by spaces. off-street parking and loading required. Conventional supermarkets require about 5 Trip generation is about 125 trip ends per spaces per 1000 sq t of UFA. is trans ates weekday per 1000 sq ft of GFA for conven- to 1 parking space per 200 sq ft GFA. Most tional supermarkets. Thus, a supermarket of zoning codes, about 70% of codes, agree realis- 40,000 sq ft generates 5000 trip-ends per day tically with supermarket developers on parking or 2500 trips on the site. needs. For hypermarkets, we anticipate that trip As supermarkets increase in size from over generation per sq ft will be considerably less about 40,000 sq ft, parking demand raduall than for conventional supermarkets. For exam- rises to 6 to 7 or more spaces per 1000 sq t ple, a proposed hypermarket of 220,000 sq ft Tor hypermarkets at 100,000 or larger GFA. GFA is projected by its investors to require 50,000 trips. per week to support an adequate sales volume. This is 14,000 trip ends per day, Zoning regulations only three times the daily trip ends of a 40,000 or supermarkets sq ft supermarket. However, parking turnover per space for the hypermarket will be much Review how you allow supermarkets in yourift lower, requiring a larger amount of parking per nei orhood zone. Most zoning codes allow sq ft GFA, about 1600 spaces. supermarkets o any size in neighborhood zones. With supermarkets doubling in size in The two types of supermarket peak hours for recent years, you should reconsider allowing off-street arkineach has its own character- such large stores by right in your neighborhood i sties. Each is important or determining park- business zone. iigg mot capacity and design for supermarkets. You may need to add physical residential The purpose for week-day peak-hour food compatibility to the purposes section o your shopping trips are for quick in-and-out conven- neighborhooe business zone. Many such zones ience food purchases, much like mini-mart or are described only as allowing primarily con- convenience store trips. These peaks occur dai- venience shopping goods and do not describe ly from 4 to 6 pm, often as a stop-off on the the need for physical design compatibility with evening work-trip home, totalling 126 of the surround residential areas as a zone purpose. day's trips. Parking turnover is high, requiring Limit the gross acreage for new free-stand- many close-by spaces turning over 3-5 times i ng neighborhood business zones to 10-30 acres per hour during the peak. Thus, supermarket per zone, including abutting commercial zones, developers avoid congested locations in large all ROW, public sites and non-business uses shopping centers. They prefer sites located on located in the zone. the right side of arterials outbound from down- Limit the maximum size of any one use al- town and major employment centers. lowed in the zone by imposing a cap on GFA. The purpose of week-end peak-hour trips are The limit prohibits larger uses as by-right uses, for weekly grocery shopping, with many items with such uses allowable as conditional uses. purchased, with employee-assisted carry-out, The cap ranges from 3500-50,000 sq ft GFA check cashi ng, use of ATMs, and other ser- in zoning codes. We suggest a *cap of 10,000- vices. The week-end peak is 1-5 pm on Satur- 15,000 sq ft GFA per use and 30,000-50,000 sq gab, October 21, 1988 Issue t _ mom nNIM Ask Page Five THE ZONING REPORT ft for supermarkets. This cap allows construc- ers, such as dumpsters-and covered with lids tion of srger efficiently-sized neighborhood if the container/dumpster is out-of-doors, to supermarkets that can continue to dominate reduce wind-blown litter and odors, and to re- commercially as the traditional anchors for duce hat harbor; neighborhood shopping areas. As anchors with a - Retail stores are allowed temporary out- convenience-goods function, supermarkets firm- side display of seasonal and sae merchandise. ly set the convenience-shopping tone for small- his could be limited to say 5% o GFA on er complementary neighborhood retail uses in the sidewalk area within 10 ft of the front of the shopping area. the store between its side walls near its public Consider creating a new planned neighbor- entrance area and not in parking lot aisles or hood shopping center zone, to aceommo ate areas; neighborhood businesses whose GFA is larger - The lot containing the supermarket must than the cap imposed on individual uses in con- abut an arterial street on at least one side. No ventional neighborhood business zones. As a entrances to the supermarket site are allowed planned zone, the usual stringent design re- onto local residential streets that do not di- strictions and public review required of such rectiy intersect with an arterial street. zones would allow very large uses the special compatibility protection offered by the site Public infrastructure to be provided b the plan review and design requirements of planned dev~elopeP o the supermarket (exactions), is zones. increasingly required by communities as super- Or you might instead consider revising your market stores become larger and generate C existing planned sho in center zone to allow greater significant public impacts within neigh- small-site neighborhood planned shopping cen- borhoods. Financing of this infrastructure ters. Do this by adding a qualifying set of might be shared with public agencies. These neighborhood-sized zoning standards for smaller exactions, their financing arrangements and sites to- your existing regionally-sized general timing of construction are negotiated during zone standards for larger shopping centers. For the site plan review, and are approved by the example, planned neighborhood shopping cen- CPC and elected board as part of the approval ters for tracts smaller than (say) 5 ages must of the site plan. meet neighborhood-sized zone yards, lower The most common off-site exactions are height limits, lower signage requirements, low- these: er impervious surface ratios, provide more open - An additional strip of public ROW, about space and provide stringent landscape/wall 5-15 ft n width, must be dedicated from the screens abutting residential zones and uses. applicant's site, to widen the ROW of the ar- terial street. Dedication of ROW is also requir- ed if a supermarket site abuts the intersection Site planning zoning standards of two arterials and room is needed for a and exactions or supermarkets_ right-turn lane from one arterial to the other. Width of additional ROW is also required for Consider these site standards for supermarkets, any geometric taper at major intersections, as especially in neighborhood business zones: specified by the public engineer, along both - They must be contained within a fully en- arterial streets abutting the site; closed building; - Right turn lanes must be built on the ar- - Loa id n and trash storage areas must be terial street, to accommodate traffic turning contained within a court area uily screened into the supermarket site at main entrances; from residential view .by a 100% opaque mason- - Left-turn lanes must be added to arterial ry wall or wood fence of minimum height (5-6 streets crossing a median, to main entrances ( ft); trash must be stored in enclosed contain- onto the supermarket site; October 21; 1988 Issue I lik rSE ZONING REPORT Page Six ,af, - Barriers are required in medians to prohi- - Temporary window signs that are expected bit left turns to and from the site or certain to appear in supermarket windows are not entrances to maintain safe acceptable through much of a problem for counting total sign area travel on arterials; on the site. Most zoning codes do not count Traffic control signals must be provided at paper temporary window signs as part of sign a main entrance to the site or at the intersec-- area. A corporate lessee who is not the site tion of an abutting street that intersects the developer should be aware of total site sign arterial; and area constraints required by your zoning code, - Increased storm runoff capacity is required if window sign area is counted as part of the - by rebuilding or providing off-site conduits, total sign area allowed on the lot. culverts, catch basins, drainage ditches or - Loading and truck maneuvering areas, and swales, or retention areas to accommodate in- trash store a areas are usually inadequately creased storm runoff expected from the large screened from residential areas or whose expanse of hard surfaces that occur on super- screen and security walls or fences are insuffi- markets sites (parking lot, loading area and ciently opaque or of inadequate construction or building roof) that cannot be reduced by on- height; and site retention areas. - Parkin areas are commonly inadequately or insufficiently landscaped, are often poorly Revisions most commonly required to proposed designed for traffic circulation, or propose site plans supermarkets, by planning agen- improper grades or insufficiently-sized or lo- cies, are these: Gated catch basins and conduits for draining - Storm runoff retention areas must be in- sheet storm runoff on the site. AgrAk crease in capacity to accommodate the calcu- lated increase in storm surcharge runoff ex- pected from the large expanse of hard-surfaced Sample text areas to be built on the site; - Entrance drives must be shifted or realign- We divide the sample text into two parts: (1) ed for optimal public traffic control. Usually purposes of neighborhood zones to reflect con- y the developer must reduce the number of en- venience retailing; and (2), zoning development trances to the site at the front of the store. standards for supermarkets. Entrances must be shifted to align with entran- We underline quoted material to highlight and , ces or streets intersecting the opposite side of locate key topics within the body of the text. abutting arterials, or must be shifted or delet- ed to provide an adequate traffic control dis- tance from street intersections with traffic Purposes of neighborhood zones signals; to reflect convenience retailing Sins proposed by the developer must be reduced in surface area or shifted away from (Note that the following neighborhood business street ROW and sight distance areas. Two zone district purposes section places a cap on types of signs are usually involved: the store the size of stores at a reasonable break point name wall identification. sign and the front- between a neighborhood and community-serving yard free-standing pole identification sign. The function. By being placed in the zone district message of the pole sign might be revised to purposes section rather than as a regulation in conform to identification requirements of the the zone district, the cap serves as a guide- sign zoning code; the pole sign might need re- line and is not imposed on applicants. The city duction of height and area or must be shifted retains flexibility to allow stores larger than back from the front zone yard or sight-dis- the cap but still yet puts applicants on notice tame areas; of the restrictive intent of the cap.) i October 21, 1988 Issue Page Seven THE ZONING REPORT "NEIGHBORHOOD BUSINESS DISTRICT. (The following quote provides a small planned Neighborhood business districts provide for shopping center zone. The quote is the pur- small commercial areas that offer retail and poses section Z fiat zone, which provides service businesses to serve the needs of the rather detailed guidelines limiting the size of surrounding population, front on designated pri- the shopping center and the stores within it to mary or secondary arterial streets and meet a neighborhood-serving function.): the requirements of the Comprehensive Plan "NSC, NEIGHBORHOOD SHOPPING CENTER for neighborhood business districts. It is the DISTRICT REGULATIONS. intent of the City that an such d0tri-et en- "A. GENERAL PURPOSE AND DESCRIPTION: compass no more the 50,000 sq t o GFA in The NSC, Neighborhood Shopping Center Dis- any one neighborhood and that such district trict, is intended for a unified grouping, in one shall contain a minimum number of three uses." or more buildings, of several, typically between (Bellevue WA) 5 and 20, retail and service shops or stores that provide for the regular needs and are for (The following quote places the cap of the size the convenience of the people residing in adja- of free-standing neighborhood zone in the dis- cent residential neighborhoods. GFA in a trict regulation rather than in the purposes neighborhood center typically ranges from section. Also, note the restriction to neighbor- 30,000 to 100,000 sq ft, and land area consists hood-serving facilities in the zone.) of 2 to 10 acres in size. It is intended that the 11C-1 ZONE: PURPOSES. It is the purpose of neighborhood shopping center be developed as the C-1 zone to provide locations for conven- a unit, with adequate off-street parking for °cL l',C k-:- 4r ea:u, raw lel l Ritles in .-Mch are fm~nd customers and employees, and with appropriate retail commercial uses which have a neighbor- landscaping and screening to insure compatibil- hood orientation and which supply necessities ity with surrounding residential environment. usually requiring frequent purchasing with a This district is located adjacent to several res- minimum of consumer travel. Such facilities idential neighborhoods, ideally, at the intersee- should be located so that their frequency and tion of 2 or more arterial or major streets with distributional pattern reflect their neighbor- a service area of up to 1-1/2 miles..." hood orientation. In addition, such facilities (Beaumont TX) should not be so large or so broad in scope o services as to attract substantial amounts o t ra a from outsr e the neighborhood ed. note: Zoning development standards this precludes large-GFA combined supermar` for supermarkets kets and drug-variety stores and hypermarkets which otherwise are allowable neighborhood (This quote provides standards that restrict al- uses). It is further the intent of this zone that, lowable uses in neighborhood zones, applicable in order to restrict the size of such facilities, to supermarkets): the convenience commercial zone should not be "Permitted uses are any of the following uses located in close proximity to other commercial provided when: areas; and it shall not be applied to land which "(1) Conducted in an enclosed building. is located within a CBD 11(2) Not exceeding a GFA of 10,000 sq ft for "AREA REQUIREMENTS. Land classified in each nonresidential establishment. the C-1 zone shall not exceed 15 acres at one "(3) Serving and intending to serve the family location, including land which is zoned for, or or personal needs of the immediate neighbor- developed with, commercial uses and which is hood. adjacent and contiguous or separated only by a 1K4) Involving only the retail sale of new mer- street or other ROW . . chandise and personal services, unless other- (Montgomery Co, Silver Spring MD) wise stated hereunder. October 21, 1988 Issue Add m 7M11■1f6 ■m mrtmm~r~rmma++a+"rnmTnnsnmlre a~wnar THE ZONING REPORT Page Eight "(5) Not noxious or offensive by reason of the intended to be consumed in automobiles on or emission of odor, dust, smoke, gas or other pol- adjacent to the premises and establishments lutants, vibration, noise or other similar providing dancing or live entertainment. causes. " "(6) Not of such intensity as to generate vol- "22.. Package liquor sales shall be permit- umes of vehicular traffic substantially detri- ted only in Virginia Alcoholic Beverage Control mental to the welfare of the neighborhood..." establishments or as authorized by retail off- (Pittsburgh PA) premises wine and beer licenses issued by the Virginia Alcoholic Beverage Control Board." "(1) All business establishments shall be retail (Norfolk VA) or service establishments dealing directly with consumers. All goods produced on the premises "Stores chiefly engaged in the sale of groceries shall be sold at retail on the premises where which sell beer only under a package store produced. permit stall not be regarded as package stores "(2) The outdoor storage, display, or serving of or as selling alcoholic liquor for the purpose of goods or materials stall be prohibited irrespec- (regulation for alcoholic liquor licensing within tive of whether or not they are nor sale. this zoning code)" "(3) Warehousing or indoor storage of goods or (Manchester CT materials in quantity greater than normally incidental to the above permitted uses shall be prohibited. "(4) At least 50% of any required front yard shall be landscaped. Along any side or rear lot I N THE NEXT FEW ISSUES line abutting a street, there shall be a continu- ,.ous landscaped area with a minimum width In the November 18th issue, we suggest new equal to one-half the width of the required ideas for zoning side yards. Our review of ion- yard. The landscaped strip need not be pro- ing codes provides an extraordinary number of. vided at points of approved vehicular access. variations for regulating side yards. This landscaping requirement is necessary to In the December 16th issue, we discuss ex- maintain the transitional character of the area cess BZA variances that reduce off-street that this district is intended to preserve." par in . map- (Southfield Ml) For our January issue: how to link your ped streets ordinance more effectively with "Permitted Principal Uses and Structures (in our subdivision and zoning codes. neighborhood business zones : or February: new ideas or creating zoning "1... , use tables. "3. Bakeries, confectioneries, delicatessens and the like, provided that products produced or processed on the premises shall be sold only at retail, and only on the premises. We make every effort to present accurate in- 11. and sound opinion in this report. 119. Drugstores. However, we do not guarantee results, accu- "10. Dry goods, notion or variety stores. racy, or assume liability for errors, omissions, I'll. Grocery, fruit or vegetable stores, meat or for information you may act upon.. This pub- markets, but not including the killing of live- lication does not purport to be engaged in the stock or poultry.. , practice of law or give legal advice, but is the 1120. Restaurants, lunch rooms, ip fes, excluding opinion of the editor and publisher solely as a ( drive-in establishments where rEireshments are professional urban planner. October 21, 1988 Issue March 3, 1992 From: Scott Russell 31291 Raymond Crk Rd Scappoose, OR 97056 To: The Flanning Commission City of Tigard P.O. Box 23397 Tigard, OR 97223 Dear Commissioners, Thank you for your time in considering this new C-C zone. In spite of some controversy regarding building size, I feel that the staff has done an excellent job on your behalf in the drafting of the C-C zone. I believe that the discussion of building size last night was a response to the desires o` all the participants to find the correct balance for communities in Tigard. I agree with the comments of the commissioners that the C-C zone criteria should not try to design the C-C areas but should be open enough to allow current and future development. The principal concern is to prohibit influx of traffic as would occur with a store like Costco. Mr. Woolery stated that Fred Meyer stores would not even consider a site of less than 20 acres. Therefore why not allow the building size to be dictated by criteria on page II-1. 4. Community Commercial of the 2/21/92 Draft; that is, facilities that provide for the local community. A 15,000 square foot stereo appliance sto~.e would probably draw business from outside the community, as would a Costco type store. The safety for the community and the city is that each application must be reviewed by the city. If the accepted grocery stores such as Safeway, Thriftway, Albertsons, etc., need up to 50,000 square feet why not allow it? Some areas will need stores of this size because of the zoned density in existence such as multi family designations, and other areas may need smaller stores due to the rural setting, such as the Bull Mountair_ Area. The approval process can handle these variations within one C-C zone. Thank you for your time and thank you for your service to the city. Respectfully, Scott Russell cc Mr . ~ erry Offer ( MAR Q 6 1992 7 }1 r I C SAFEYINC. March 6, 1992 ® 16300 S.E. EVELYN, P.O. BOX 523 CLACKAMAS, OR 97015 i Mr. Don Duncombe RECEIVED PLANNING Albertsons, Inc. 199 17001 N.E. San Rafael Street MAR 0 9 Portland, Oregon 97230 Scholls Ferry/Murray Tigard, Oregon Dear Mr. Duncombe: Reference is made to the recent telephone conversation we had regarding information to present to the zoning committee for the City of Tigard. Specifically, you had inquired as to the size of stores Safeway is currently building in this market area. Safeway currently is building stores in the 50,000 square foot range and will be looking at increasing the size in the near future. Safeway did construct some smaller stores recently, but those stores were not specifically built at that size, but were built smaller due to the restriction of available land at the particular location on which the store was built. Specifically, we have been increasing the size of our stores to close to 50,000 square feet from as far back as 1986. We opened stores in 1986, 1987, and 1988 at 48,000 square feet which included our store at Lower Boones Ferry and Interstate 5 in Tualatin. Our other recent stores opened were located at 181st and Halsey, 185th and Cornell, West Eugene and 7antzen Beach, all just over 53,000 square feet in size; a store in Hillsboro just over 48,000 square feet; and our most recent opening in Seaside was in excess of 42,000 square feet. The trend in food store size has been increasing over time. In the middle seventies, we were building 35,000 square feet. By the early eighties, we were building 42,000 square feet and now in the early 90's, we are building 53,000 to 60,000 square feet. It appears this trend may be continuing since it is noted that the Waremart stores will be 80,000 square feet both in the Beaverton Mall and in South Salem. It has been our experience that the increase in the size of grocery store buildings does not necessarily relate directly to the expansion of the trade areas served. The additional size has been taken up by special features that require additional floor space in a grocery store. Today, the amount of the individual products that the public expects in a food store has grown to the point that the amount of gondola space and peripheral specialty departments such as delis, bakeries, floral departments, pharmacies, fresh fish, butcher meat, etc. all require additional square footage and therefore, have driven the size of stores up. If small grocery stores were the only consumer choice available, the likely outcome for the trade area population would be to go outside of the trade area to the larger more discount regional operators due to price differentials, and greater specialty offerings. , t Recycled Paper Mr. Don Duncombe March 6, 1992 Page 2 In summary, a full service grocery store today is in the 45,000 to 65,000 square foot range and still serves basically the same trade area that a 25,000 to 35,000 square foot food store did fifteen years ago. As stated above, this expansion of square footages is primarily generated by the additional offerings a grocery store is now necessitated to carry by customer demand. We appreciated discussing this issue with you over the telephone and would like to be kept informed as to the position the committee takes on this very important issue of food store size in i ie CRy of Tigard. Very truly yours, SAFEWAY INC. Wm. H. Jackso Store Development Director WHJ/mas albertsn c i ,~w_ moo= Nemipg S.E. Milwaukie Expressway at Pheasant Ct. ~g~± ~r Box 3800 Portland, Or 031654 955 on 97208 Cop~~ 6 pap~ lids , Inc. 5 PORTLAND DIVISION March 3, 1992 RECEIVED PLANNING Mr. Don buncombe Albertson MAR 9 17001 N.E. San Rafael ! Portland, Oregon 97230 RE: City of Tigard Commercial Use and Zoning Issue Dear Don: i In response to your research inquiries, I can assure you that retail grocery outlets constructed by my firm exceed 50,000 sq.ft. in size within any metro marketing area we serve. Our current average square footage slightly exceeds 53,750 square feet. This size and requirement applies to either our conventional or warehouse concepts. 1 Due to the constant increase of demands and needs by the consumer, a grocery retail outlet cannot meet and satisfy these needs in units less than 50,000 sq.ft. in size. Increased perishable departments, especially produce, frozen foods and deli areas have in turn increased our store size by some 41% during the past 6 years. Likewise, and due primarily to unrealistic landscape demands imposed by various governmental agencies, property size r'aquirements have grown in proportion. In order to facilitate the retail grocery store's needs, a minimum of 5.51 acres is now required or allocated to a freestanding facility. Should someone or group feel that by limiting the size considerably below the beforementioned square footage would alleviate traffic impaction does not fully grasp the needs of s todays consumer. In part, this approach is correct. The consumers will leave the area and fill their needs elsewhere due to the lack of selection and convenience. Increased energy consumption along with polution becomes the major by-products of their thinking. Retail grocery stores of 30,000 sq.ft. or lee,:; within the Portland Metro area have either become or are becoming obsolete. This size of facility has experienced increased failure or at best has become extremely marginal in operation. Three primary examples of this within the Tigard, Oregon area are the grocery outlets located within the Canterbury, Payless and King City shopping centers. Three additional cast-offs experienced within this trade area were Luther's. Zupon's and Prairie Market. All were 30,000 square feet in size or less. Exceptions will always exist as to the needs of our industry. In outlying and rural areas, we have recently opened 40,900 square foot units. Be advised however, that in the construction of these units we have amply allowed for future expansion. Our expansion forecast provides for an increased area of approximately 20.91%. These expansion provisions are projected within the first five to seven years of operation. We will not enter into a development agreement that does not allow this provision. I can only hope that this letter will assist you and our industry as well in the establishment of development guidelines that will be of mutual benefit to all concerned parties. If I can be of further assistance in this matter, please contact me at your earliest convenience. S ' cer ry, j z x D: nderso Sore Develop ent Mgr. MDAlbrh Y Ild HUM RECEIVED PLANNING r%nRAP~NY THE PE"" ! Mr- 'V.m.N8.. _ COMMERCIAL REAL ESTATE toto p,mola` (603) 246-7977 March 1992.7, 2992 TO: The City of Tigard Planning Commission P.O. Box 23397 Tigard Oregon 97223 RE: Community Commercial Zoning District Written material for the record (allowed by Commissioners at Monday March 2, 1992 hearing for up to seven days.) Dear Commissioners, Having a Community Commercial zone in Tigard will fill a blank which has always existed in the zoning code. I applaud your action to move forward and fill this void. As we think about our future it is important to be able to fulfill everyday shopping needs close to one's home or residence. Gasoline will go to three or four dollars a gallon, if we don't provide shopping opportunities close by within the community people will just get on the arterials, continue to clog them up, and continue to waste gasoline; for instance a shopping opportunity on Bull Mountain will eliminate many trips people now make down onto Pacific Highway, just as a shopping opportunity in the western portion of Tigard will eliminate many traffic trips people will make onto Scholls Ferry east of 135th. The scale of a development in these or other potential areas within the City will most likely be different in each case and so it is important to have a code which has the flexibility to allow larger in some cases and at the same time allow smaller in other cases. As a commercial real estate broker I see the overloading of our arterial systems as a major threat to our general livability. Providing shopping opportunities within the community will help change this traffic pattern we have seen get out of hand in the Seattle area. A key component of this COMMUNITY COMMERCIAL zone is found in Jerry Offer's (Development Review Planner for City of Tigard) memo to the Planning Commission dated 2-24-92 on page I-2 under INTENT: He states that having commercial opportunities close to neighborhoods (please note--more than one neighborhood) is a primary intent making easy access for residents "where they may be able to do their shopping or avail themselves of commonly used services with a minimum of travel and a reduced need to enter crowded major collector or arterial streets with their autos." s 9600 SW CAPITOL HIGHWAY o PORTLAND, OR 97219 FAX: (503) 244-0123 Page Two Please keep in mind that this COMMUNITY COMMERCIAL zone is intended to serve more than just one small neighborhood and in fact it is intended to serve a community area or "neighborhoods". From my professional experience as a broker I can tell you that the grocery business is made up of three segments: 1. Convenience stores 2. Grocery stores 3. and large warehouse stores such as Costco, and Cub foods This zone was not intended for warehouse stores which draw from a huge market far outside the community. One of the things this zone is intended for is grocery stores. From written testimony you have already received (received in the planning department on January 31, 1992) from Marcott's Thriftway Stores it is clear that "The grocery industry is now building grocery stores which range from 15,000 Sq. Ft. to 50,000 Sq. Ft." Knowing this I feel as a Commission you should allow a grocery store up to 50,000 sq. ft. as an outright use. The staff has proposed 40,000 sq. ft. as an outright use (with up to 60,000 Sq. Ft. under conditional use) and I feel that at an appropriate location if someone wants to propose a 43, 45, or 47 or 50,000 sq. St. store that the staff, planning commission, and city council should not be burdened with the time and expense for a conditional use application for the square footage between 40,000 & 50,000 sq. ft.----This just seems like a huge waste of time and money. To put it in prospective the grocery store at Murryhill (43,500 sq. ft. in size) would be about 50,000 Sq. Ft if it was approx. 32 feet wider which is about 1 & 1/2 times as wide as your normal garage. I urge you to allow a grocery store to be 50,000 sq. ft. in size as an outright use. Already in the proposed COMMUNITY COMMERCIAL zone are methods by which you can control where you have larger grocery stores and where you have smaller stores. You do it by controlling the size (acreage) of any particular site. There are sites within the City where both larger and smaller stores are appropriate. Control the size of the site and you eliminate the possibility of a larger store where there should be a smaller store but at the same time don't restrict the zoning by size or over burden the system with needless "conditional use" which would prevent a larger store w1ilere a larger store should be. i a' Page Three Clearly in this issue of grocery store scale or size comments by part of the grocery industry advocating smaller square footages are simply because they want to eliminate competition. Competition keeps us all sharp and competition is what provides BETTER SERVICE and LOWER PRICES for communities and residents. The last issue I would like to address is the "draw" or the "market" for grocery stores. Warehouse stores definitely draw from a very large area, far greater than the Community area we are dealing with in this zone. Grocery stores up to 50,000 Sq. Ft. are the normal size stores in this day and age. Some are larger, some are smaller. These size stores are all shopped locally, and only locally. The buyer who happens to shop at a community store who lives somewhere else does so because he/she is going by the store on the way to somewhere else or they are visiting someone close by in the community) They are not drawn into the community because of that size of normal grocery store. (If it was a warehouse size store than of course they would be drawn due to the, size) These size stores serve local markets, they do not draw from the outside. The code as proposed allows you to control the scale of a project or site----some will be suited for smaller, some for larger. I urge you to adopt a Community Commercial zoning district and to have up,to 50,000 Sq. Ft. as an allowed grocery store use for the reasons cited above. Sincerely yours, ~J fouj-u Craig A etrie cc: Jerry Offer/Development Review Planner City of Tigard i i t f mom Marco t t °s _ THRIFTWAY stores Headquarters 14555 S.W. Teal Beaverton, Oregon 97007 (503) 626.6463 RECEIVED PLANKING March 9, 1992 MAR 0 9 Tgg~ Tigard Planning Commission 13125 S.W. Hall Blvd. Tigard, OR. 97223 Dear Commissioners: What we perceived from the last planning commission meeting of March 2nd 1992 was that you, the Commissioners, were concerned about allowing a 40,009 square foot supermarket in a residential setting. However, you were also concerned about setting size guidelines which would not attract the development of a supermarket. Also, there was concern as to whether a 25,000 sq ft store could effectively anchor a neighborhood shopping center. These points are addressed below. #1 Will the grocery industry build a 25,000 sq ft store? YES! If you set your guidelines at 25,000 sq ft, our industry will build a store of this size. If you set it at 40,000 sq ft we will build one of that size. Our industry will build a store as large as you will let us. Setting city guidelines.at 25,000 sq ft will also not exclude anyone from developing a supermarket in a community commercial zone. It simpfly requires everyone to play by the city's rules and not force the city to play by corporate agendas. A corporate agenda is based on the maximization of profit. Cities are charged with protecting livability of neighborhoods. Attached, please find infortriation supporting the fact that you will find extreme interest and competition for sites with a 25,000 sq ft size limitation. #2. Can a 25,000 sq. ft. store effectively anchor a neighborhood shopping center? YES! This question is answered by looking at the existing shopping centers in our area. Below, we have sited over a dozen examples of successful centers anchored by stores of this size. These centers were build between about 1969 and 1990. That, however, is irrelevant. The customers of these centers do not care when they were built. It is only important to them that these stores provide the services needed by the neighborhood. These centers show that even an older 25,000 sq ft store can effectively anchor a shopping center in today's market. A new 25,000 sq ft store C would only add to the viability of such a center. Following are supermarkets in the area that are successfully anchoring shopping centers: NOR Center's Locatlon Anchor Tenant Canyon Lane Center 12,000 sq ft Thriftway Wizers Shopping Center 15,000 sal ft Wizers Store Mt. Park Shopping Center 25,000 sq ft Th riftway Lake Grove Shopping Center 22,000 sq ft Lake Grove Market Baseline Shopping Center 24,000 sq ft Thriftway Aloha Shopping Center 27,000 sq ft Safeway Willamette Shopping Center 15,000 sq ft Thriftway Bel Aire Shopping Center 25,000 sq ft Thriftway Cedar Hills Shopping Center 22,000 sq ft Safeway Cedar Mill. Shopping Center 24,000 sq ft Safeway Raleigh Hills Shopping Center 25,000 sq ft Kienows #3. Will Tigard stand alone in the development of a zone which limits the size of neighborhood supermarkets to 25,000 sq ft. INTO! The City of Lake Oswego limits the size of grocery stores in their neighborhood commercial zone to 25,000 sq ft. The City of Tualatin limits the size of grocery stores in any commercial zone outside of General: Commercial to 10,000 sq. `ft. They further require a minimum of 25% landscaping. C The City of West Linn does not have a size restriction for any commercial zone. However we were informed by staff that any development which included a grocery store in excess of 25,000 sq ft would most likely not be allowed in any zone outside General Commercial. City of Gresham limits supermarkets in commercial zones other than General Commercial to 35,000 sq ft. They further limit the size of Other Retail/ Drugstores to 10,000 sq ft. The following cities allow conventional supermarkets only in General Commercial zones: The City of Milwaukie The City of Oregon City The City of Forest Grove ' The City of Gladstone The City of Hillsboro The only municipality we could locate that would allow a supermarket in excess of 35,000 sq ft in other than General Commercial zones is the City of Beaverton. Thank you for your consideration. Please feel free to contact me regarding any of these issues. Sincerely, C Matthew Marcott y .UNITED GROCERS Serving the West. 5 J 6 March 4, 1992 ;k Tigard Planning Commission 13125 S.W. Hall Boulevard Y~ Tigard, OR 97223 Dear Commissioners: I am writing this letter regarding future sites for commercial development in the Tigard area which would include grocery stores. United is definitely interested in building grocery stores in this area. The size of these stores would be 30,000 square feet, which is large enough to include all the necessary amenities to serve the community. United Grocers is prepared to finance and support an individual for these stores when the sites become available and upon completion of the site studies. C United Grocers presently serves 376 stores throughout the state of Oregon, Southern Washington, and Northern California and our stores vary in size from 3,000 to 80,000 square feet. v We would be happy to discuss this with you at your convenience. Thank you for your onsideration. O., ones and Chief Executive Officer i vrd s i C Headquarters • 6433 SE Lake Road • Portland, Cregon 97222-2198 • P.O. Box 22187 • Portland, Oregon 97222-0187 503-653.6330 9 FAX 652-7378 Medford Division • 2195 Sage Road • Medford, Oregon 97501.1357 • P.O. Box 1647 • Medford, Oregon 97501.0249 503.773-7383 • FAX 773-7383 ext. 263 { 1.800-777.3305 INITF11 rROOPPS Serving the-West. January 6, 1992 Mr. Matt Marcott Murrayhill Thriftway 14555 SW Teal Beaverton, OR 97007 Dear Matt; You recently asked if I would give you some thoughts on sizes of grocery store facilities. I understand you are going to address a local planning organization regarding this subject. The size of a store will normally be determined by the area it is intended to serve. In cases where the stores are smaller, the trade area is quite limited, and may only reach into the immediate neighborhood. As you would expect, the larger store will draw many more customers from a greater distance. Most new supermarkets are larger than ever before in order to accommodate greater customer traffic into the expanded department offerings. Stores are now ranging from around 45,000 to over 80,000 square feet. 'T'hese can draw customers from as far away as 15 miles, but their primary trade area is somewhere between 3 1/2 and 6 miles (keep in mind these are radius distances, so a 3 1/2 mile draw is a seven mile spread) United Grocers has no policy regarding the size of our stores. We will not decline a location merely because the store's size would not meet a minimum standard. In fact, some of our more successful stores are in the 20,000 to 30,000 square foot category. We have reviewed a number of sites both within and outside of the Portland general trade area where we felt a store of 20 or 25,000 feet would be suitable. Ass you know, we are in serious negotiation for a 15,000 square foot unit in the Hollywood district presently. We have also been looking at a location in the Barnes Road vicinity (for over two years) that would support a 20 to 25,000 square foot store. These are only two of a number we have considered or are considering. In the recent past, we have seen the larger chain stores (Safeway, Albertson's, Fred Meyer, etc;.) abandon a smaller location in favor of new, larger stores. We presently distribute to a number of United Grocers members at locations which were once chain stores and are I Icadtpetrterg* 6.131 SE Like Riot I • Vottl,md, ( )rceoar'17222.2198 G P.O. Nix 22187 • Pottlond, Oreg,it197222.0187 S03 .051.6130 • I:AX 662-1178 Nfed(ntnl I N kip n * ' 195 S.1p, R .nI • hIt Jl r,l c )rkvm 07501.1157 • I'.t ilex 1647 • Medford. Orcr on 97501.0249 ~ ;01 77 1.7;;13 . FAX 771-7381 ext. 261 t I qt't' 7 7 7.3 i05 ;Y IiT r? a i M. Marcott, Jan 6, 1992 page 2 C_ now being operated by independent grocers such as yourself. They are successful and profitable, and they continue to provide a very necessary service to a neighborhood area. You mentioned a portion of your conversation with the planning group would deal with r appropriate sizes for the "neighborhood commercial" zone. If I didn't say it above, I certainly implied it. The larger the store, the more it will draw from outside its immediate neighborhood area. That area can be considered to be a radius from the store of approximately 1 1/2 miles. It is difficult to establish a maximum in size, but 20,000 to y 25,000 square feet is probably appropriate for a neighborhood commercial zone. If the lower number were used, there should probably be a provision that it might be "variancable" 10 to 15%. As stores reach toward 30,000 square feet, they begin to bring customers in from outside the "neighborhood". There is no question a store exceeding 35,000 square feet is going to be more than a neighborhood grocery store. I could go on, but it would become repetitive. To summarize, a reasonable limitation for a grocery store in a neighborhood commercial zone is 25,000 square feet. Anything more, with very limited exception, will bring customers from outside the neighborhood's boundaries. We at United Grocers believe these "smaller" stores have a definite place in the -industry, and can fit into many well-selected locations. I hope this hasn't been too lengthy. If I can answer any questions please let me know. Sincerely, . i UNITED GROCERS, INC. U% it, Roger Staver C_ UNITED GROCERS Serving the-West. Matt Marcott March 5, 1992 Murrayhill Thriftway 14555 SW Teal Beaverton, OR 97007 i Bear Matt: I am writing to expand upon my letter to you of January 6, 1992, regarding store sizes in neighborhood commercial zones. United Grocers is continuously seeking new store locations and would never turn down a site merely because it is limited to 30,000 square feet of floor space. There has always been and will continue to be bona fide need for stores of this size in smaller communities and neighborhoods where the store would be intended to service the immediately surrounding residents. Not long ago, Bob Lamb was told he could not build a store exceeding 25,000 square feet in Mountain Park. True, he would have liked to build larger, but accepted the neighbor- hood zone limitation, building what is today a very successful store. We have looked at a site in the Rose City area of Portland. Our assessment of that location was a 28,000 square foot store would be quite suitable. One of the large chains, however, has come to the property owner with an offer of a 54,000 square foot "Marketplace" grocery store. Such a r store would reach out far beyond the immediate neighborhood. It would also create a great deal more traffic than the 28,000 square foot store, probably be open 24 hours, and bring shoppers from as faf away as 4 or 5 miles. Turning this around, it is accurate to say that if United Grocers were told we could no longer build stores smaller than 30,000 square feet, our expansion efforts would be severely curtailed. Please feel free to prgvide a copy of this letter to the Tigard City Planning Commission in support of a 30,000 square foot limitation for the neighborhood commercial grocery store. You can further assure them that if properties become available within their city where such a store might be built, United Grocers would have genuine interest in examining any such location. Sincerely, Roger Staver Real al~e Uevelopp[en> Ma>a aer IIia,)yttartcrcb 6411 till La 'cRim, ntlan,l,(trctnn't71?7• ItR • V.0. N, 221117 • I`nrtl:nul, Orcgc,ttt~722L018"7 (,11.6310 • J"AX 612.7178 Nfedf,mll)ivisi,m • 2WiS;wvRo.0 • Mt :1i„rd,(h,trmtt7i(tl•1 is-1 • I'.O. R„s 1647 • hit-AwJ,(.com97501-0249 SO "173.7181 • FAX 773-7181 ext. 2H 1.80 -777•ii(5 I N s UNITED GROCERS March 5, 1992 4{ Serving the West. S Tigard Planning Commission 13125 Southwest Hall Blvd. Tigard, Oregon 97223 t To Whom It May Concern, There has been a great deal of rhetoric by certain parties pertaining to the size of grocery stores currently being built, both in the Portland metropolitan area, and across the nation. There is a fundamental difference between independent retailers' size requirements and two of the more recognizable grocery chains in Safeway and Albertsons. The independent grocery store is built to service the needs of a specific community or neighborhood. Albertsons and Safeway have long since abandoned the strategy of developing stores in small towns, preferring larger stores in densely populated areas. Those specific chains have corporate policies which strictly prohibit the construction of stores less than 30,000 square feet, so, naturally their representatives would argue against building any store less then their smallest "footprint" or standard design. It's interesting to note that another prominent grocery store chain, Food Zion, which opened 103 stores in 1991 with plans to open an additional 125 units in 1992, constructs three different sizes of buildings, the largest of which barely exceeds 30,000 ' square feet. Food Lion targets sites that support one of those three "footprints". Their emergence as the fastest growing grocery chain in the country supports our claim that the medium size store as a viable, primary grocery operation can more effectively cater to the needs of the consumer than a larger, policy driven chain. .Sincerely Rick Benzl l Stogie Development Mgr. United Grocers Inc. j 1 RB/dg I lcadyuarters • 6413 SE Lake Read • Portland, Oregon 97222-2198 • P.O. Nix 22187 • Portland, Orceon 97222-0187 503•653-6330 • FAX 652-7378 1`Ie(ffor(i 1)ivision • 2195 Sage Read • Nletlford, Oregon 97501-1357 • P .O. N)x 1647 • Metlforu, Oregon 97501.0249 503.773.7383 e FAX 773.7383 est. 263 ` 1-800-777-.1T5 I 4 Gomm Wr- -1 WA VON A Aftmbsr of L#nftdC om G. ,,h Puce ~1.,,~ The AlneSt USM Mea88 • Farm Fres March 6, 1992 Tigard Planning Commission Tigard, OR Dear Sir/Madam: RE: SITE SELECTION CRITERIA FOR THRIFTWAY STORES, INC. Thriftway commissions site studies of available locations and then makes decisions with the potential store owner on what size store would best fit the marketing area or individual community. Thriftway has built stores ranging in size from 21,000 to 46,000 square feet. We also, on occasion, encourage operators to build, lets say a 25,000 square foot store that is easily expandable in future to 35,000 square feet. In todays market you can build a full service super market including large produce and meat departments, bakery, service deli, floral and a full grocery department in a size range of 25,000 to 30,000 square feet. If we can be of further help, please contact our office. Best regards, Y Jim Robinson, President Thriftway Stores, Inc. JR:cf rlimg PO Box 22187.6433 SE Lala Road • ForVar4 OR 97222.5031653-6330 MOW i ATTACHMENT The following organizations would not reject building a store simply because it was limited to 25,000 sq ft. Thriftway Stores consists of 58 independently owned stores ranging from 11,000 to 46,000 sq ft. with a median size is 24,000 sq ft. Sentry Stores consists of 67 stores ranging from 90M to 42,000 sq ft with a median size of 22,000 sq. ft. Fleming Foods represents IGA stores, the largest group of independent stores in the nation. These stores range in size from approximately 8000 to 60,000 sq ft. Select Stores range in size from 6,000 to 22,000 sq ft. Natures Food Stores range from 9000 to 22,000 sq ft. Other independent stores in the area: Stroheckers 28,000 sq ft Wizers 15,000 sq ft Lake Grove Market 22,000 sq ft Also, the fasted growing supermarket chain in the country is Food Lion. They have three standard sizes of stores: 21,000 sq ft, 27,000 sq ft and 31,000 sq ft. C i WAN= 4 11 i® I redid .6d,jL:A S..t i In, .ue e's. Net Rye lyraa.eyp.se hr~~ ~ • ryrrpd.r ' wusoH By glass IF A h l! ®ta I'M 4TH QUARTER RESULTS A Wall k~ le z BRUSSELS, Belgium (FNS) QIr 12A1191 W111/90 sales $9.56 billion $8.2 billion - Delhaize here attributed a 14% . % Change +16.4% rise in net profits last year to the Net Income' $135.4 million $11,6.5 million _ strength of its' Food Lion and % Change +14% Super Discount Markets sub- 'At 32.34 i3eVan francs to the $I. Net sidiaries in the United States, income is estimated. RACHEL RIVER according to preliminary results. Sales increased 16.4x30 to $9.55 second half of 1991. However, this i billion in calendar 1991.'Delhaize was not enough to offset losses in said it will provide detailed profit the first half, the official said. ° figures later this year. However, Sales rose 9.29E to $253.6 million. a erase ~~e°.°e~s9m ;9 t the reported percentage increase The return to the black means would raise group net profit to Delhaize is renewing its expan- } about $135.4 million in 1991. This sion program for Cub Foods, j ,o c A n rE As x compares with a profit of $116.5 including another Atlanta store in million on sales of $8.2 billion in the third quarter of 1992. i 1990. Delhaize's Belgium sales rose r Food Lion, the group's largest 7.39E to $2.65 billion. However, a ka ople. Entertainment Your unit, had a 15.39E rise in sales to higher wage agreement with the 1 :table stories. Family Can Count-On. $6.4 billion last year. Food Lion's unions is expected to hold down results are expected to be net profits. The group expects to STORY released early next month. invest $80.37 million in Belgium I 1~ Food Lion opened 103 stores this year, with plans to open two ; It,IE 01992 Academy EnmrW mint Inc. during 1991, enlarging its chain to more supermarkets. 881 supermarkets in 12 states The group's Portuguese sub- OMING IN APRIL FROM from 778 the previous year. It sidiary, Pingo Doce, had a sales plans to open 125 supermarkets rise of 18.8% to $286.76 million CADEMY ENTERTAINMENT -R' in 1992, a Delhaize official said. with a sharp increase in pretax Super Discount Markets, profits. Delhaize raised about < c . :L which operates eight Cub Foods $123.65 million this month from stores in the Atlanta area, the sale of about 472,000 shares to returned to profitability in the institutional investors. LET n"ENTALS ARE L ®ld's, Sees Overall ' n Es 8 i'Rs.6; Sales Tees Cited ZAANDAM, The Netherlands of Ahold USA, Parsippany, N.J. I 1 - The acquisition of Tops Mar- Other divisions are BI-L0, f , kets in the United States con- Mauldin, S.C.; Giant Food Stores, i tributed heavily to an overall Carlisle, Pa., and First National 1 r sales increase at Ahold here, the Supermarkets, Maple Heights, company said in its preliminary Ohio. financial results. Sales in the United States rit Tops, the Buffalo, N.Y: based totaled $5.6 billion, an increase of d y ` operator Ahold acquired last 27% over last year's sales. March, was responsible for 9.8% Of that increase, 21.8% was 1 t r of Ahold s 18.5% increase in attributed by Ahold to the Tops worldwide sales. Ahold's sales acquisition. for The totaled $11.23 billion. Ahold's Netherlands opera- r,,tap® Ahold attributed 2% of its rev- tions provided $5.58 billies a NEM Mew Rr rte. ~ arcott tyo., ~n c. C Headquarters 14555 S.W. Teal Beaverton, Oregon 97007 (503) 626-6463 Dear City Council Members, S.~in,T v ~a ..~swwclc rm.u-~4 a~ cfla3 /~Z As you are aware, Tuesday April 28th you will be reviewing a proposal from the Planning Commission for a new Community Commercial zone. As a member of the grocery industry, I have been asked by NPO 7 to council them on supermarket sizes that may be allowed in this new zone and to provide testimony on this matter. There has been a great deal of rhetoric by some in our industry regarding the appropriate size of supermarket to allow in this new zone. Since supermarkets will have the greatest impact on Tigard's residential areas of all proposed permitted uses within this new zone, careful consideration should be given to this issue. The Planning Commission has expressed a desire to protect the neighborhoods from the detriments of a large supermarket. They withdrew the option for conditional uses up to 60,000 sq. ft in an attempt to do just that. What they seem to have overlooked is that a 40,000 sq. ft. limitation on supermarkets will not protect the neighborhoods. The largest supermarket in Tigard today is the 44,000 sq ft Albertons in King City, Building one of the largest stores in Tigard in the middle of one of your neighborhoods would not be protecting those communities. ^ Some members of our industry will do all that is in their power not to be limited to a 25-30,000 sq. ft. store in any area. If allowed to build a 40,000 sq ft store, they know they will attract more people from a greater distance. However, when limited to a smaller size store our industry continues to demonstrate it will either build new stores or remodel old stores which fit the limitations imposed. It is up to the City Council to best determine what limitations best protect the livability of its neighborhoods rather than which limitations best reflect certain corporations marketing plans. Our industry has and will continue to alter its corporate agendas to fit limitations imposed by municipalities. Enclosed, please find information intended to assist you in determining the correct size of supermarket to be permitted within this zone. (Much of this information was not available for consideration for the Planning Commission.) Should you have any questions, I will be available to answer them at your public meeting scheduled for April 28, 1992 or you may call me at 503- 626-6463. Sincerely Matt Marcott Thriftway Board Member BEAVERTON WEST SLOPE MURRAYHILL SANDY IMMUNE L OEM- A SUPERMARKETS AND RESPECTIVE SIZES In order to give you a better understanding of stores and their sizes, this list was obtained from United Grocers database: It is accurate to within S t " S ERMARKET LOCATION SIZE 1DODC ONNECIION TIGARD 40,000 FOODC ONNEC71ON ALOHA 40,000 ALBERTSONS KING CITY 44,000 ALBERTSONS 185TH & WALKER 45,000 SAFEWAY LAKEGROVE/TUALATIN 47,000 SAFEWAY TIGARD 30,000 SAFEWAY CEDAR HH.LS 22,000 SAFEWAY CEDARIVIILL 25,000 SAFEWAY 10TH & JEFFERSON 23,000 SAF WAY BARBUR BLVD. 25,000 THRUWAY 185TH & BASELINE 24,000 ? VAY AIl.EN&LOMMARD 25,000 THRUWAY Mr. PARK 26,000 THRIFIWAY WEST SLOPE 11,000 T#B21FI'WAY 25TH & SW GLISAN 16,000 LAICEGROVEMARKEF BOONE.S FRY & BRYANT ' . 23,000 i i 4 ~r Portland Metro Area Supermarkets ` Study Conducted by Willamette Research 1991 Size of Grocery Stores in Portand Metro Area Sq. Ft. Independents Alibertsons Safeway (x 1000) 18-25 25 1 9 26-30 7 3 6 31-35 1 5 7 36-40 7 2 3 41-50 5 8 4 ' 51-60 3 (Food For Less) 0 4 60+ 2* (Cub) 0 0 Totals ISO 19 33 Independents Albertson Safeway Total number of stores 50 19 33 % of stores 25,000 sq. ft & under 50% 5% 27% % of stores 30 sq. ft. & under 64% 21% 46% % of Mores 36,QY - 50,000 ft. 24% 53% 21% Unit Share of all stores in Portland Metro area 18,000 - 50,000 sq. ft.) Independents 40.3% Safeway 26.6% Albertson 15.3% Others 17.7% ig %11 Maico t i s THRIFTWAY Store] Headquarters 14555 S.W. Teal Beaverton, Oregon 97007 (503) 626-6463 March 9,1992 Tigard Planning Commission 13125 S.W. Hall Blvd. ' Tigard, OR. 97223 Dear Commissioners: - ' ' What we perceived from the last planning commission meeting of March 2nd 1992 was that you, the Commissioners, were concerned about allowing a 40,000 square foot supermarket in a residential setting. However, you were also concerned about setting size guidelines which would not attract the development of a supermarket. Also, there was concern as to whether a 25,000 sq ft store could effectively anchor a neighborhood shopping center. These points are addressed below. #1 Will the grocery industry build a 25,000 sq ft store? YESI If you set your guidelines at 25,000 sq ft, our industry will build a store of this size. If you set it at 40,000 sq ft we will build one of that size. Our industry will build a store as large as you will let us. Setting city guidelines at 25,000 sq ft will also not exclude anyone from developing a supermarket in a community commercial zone. It simply requires everyone to play by the city's rules and not force the city to play by corporate agcsndas. A corporate agenda is based on the maximization of profit. Cities are charged with protecting livability of neighborhoods. Attached, please find information supporting the fact that you will find extreme interest and competition for sites with a 25,000 sq ft size limitation. #2. Can a 25,000 sq. ft. store effectively anchor a neighborhood shopping center? XESI This question is answered by looking at the existing shopping centers in our area. Below, we have sited over a dozen examples of successful centers anchored by, stores of this size. These centers were build between about 1969 and 1990. That, however, is irrelevant. The customers of. these centers do not care when they were built. It is only important to them that these stores provide the services needed by the neighborhood. These centers show dig even an older 25,000 l sq ft store can effecthrely anchor a shopping center in today's market. A new 25,000 sq ft stone would only add to the viability of such a center. Following are supermarkets in the area that are successfully anchoring shopping centers: Centees Location Anchor 'il'enLm Canyon Lane Center 12,000 sq ft Thriftway Wizers Shopping Center 15,000 sq ft Wizers Store Mt. Park Shopping Center; 25,000 sq ft 11wiftway • Lake Grove Shopping Cefrter 22,000 eq ft Lake Grow Market j Baseline Shopping Center 24,000 sq ft Thrifttreray Aloha Shopping Center 27,000 sq ft Safeway , Willamette Shopping Center 18,000 sq ft Thriftway Bel Aire Shopping Center 25,000 sq ft Thriftway Cedar Hills Shopping Center 22,000 sq ft Safeway Cedar Dill Shopping Center 24,000 sq ft Safeway Raleigh Dills Shopping Center 25,000 sq ft Kienows 0. Will Tigard stand alone in the development of a zone which lets the size of neighborhood supermarkets to 2500 sq ft. NO! , The City of Lake Oswego limits the size of grocery stores in their neighborhood commercial zone to 25,000 sq ft. The City of Tualatin limits the size of grocery stores in any commercial zone outside of General' Commercial to 10,000 sq. ft. They further require a minimum of 25% landscaping. C The City of West Linn does not have a size restriction for any commercial zone. However we were informed by staff that any development which included a grocery store in excess of 25,000 sq ft would most likely not be allowed in any zone outside General Commercial. i. City of Gresham limits supermarkets in commercial zones other than General Commercial to 35,000 sq ft. They further limit the size of Other Retail/ Drugstores to 10,000 sq ft. The following cities allow conventional supermarkets only in General Commercial zones: The City of Milwaukie The City of Oregon City The City of Forest Grove The City of Gladstone The City Of 1-i1119boro The only municipality we could locate that would allow a supermarket in excess of 35,000 sq ft in other than General Commercial zones is the City of Beaverton. ,tee Thank you for your consideration. Please feel free to contact me regarding any of these issues. Sincerely, Matthew Marcott ' I III UNION i I NOME ATTACHMENT The following organizations have demonstrated they would not reject building a store'simply j because it was limited to 25,000 sq ft. ! o Safeway Stones just completed the constrution of a 25,000 sq. ft. store in,a, Seattle neighborhood. The division manager that approved the construction has recently been appointed to the Portland Division. In addition, 27% of their''stores are currently 25,000 sq. feet and under. In a letter submitted to the Planning Comsion, Safeway stags they have constructed stores of this general size recently, but only in areas which they could not build larger ones., ® Tliriftway Stores consists of 58 independently owned stores ranging from 11,000 to 46,E sq ft. with a median size is 24,000 sq ft. ® Sentry Stores consists of 67 stores ranging from 9000 to 42,000 sq ft with a median size of 22,000 sq. ft. . Flemming Foods represents IGA stores, the largest group of independent stores in the nation. These stores range in size from approximately 8000 to 60,000 sq ft. Select Stores range in size from 6,000 to 22,000 sq ft. • Natures Food Stores range from 9000 to 22,000 sq ft. ® Other independent stores in the area: } Stroheckers 28,000 sq ft Wizers 15,000 sq ft s Lake Grove Market 22,000 sq ft j o Also, the fasted grooving supermarket chain in the country Food Lion. They have three standard sizes of stores: 21,000 sq ft, 27,000 sq ft and 31,000 sq ft. ! ;P i t. 1 3 r January 28, 1992 Jerry Offer Development Review Planner Community Development Department 13125 SW Fall Blvd. P.O. Box 23397 Tigard, Oregon 97223 Dear Jerry, I realize you and your staff have already developed your final proposal for the new Community Commercial District. However, I r would appreciate it if you would consider the following points I have developed on this matter. They may be of some assistance in developing future recommendations regarding the possible application of this new zone. ORIGINAL INTENT OF NOGIMORWOOD COMMRCIAL In determining the requirements for a supermarket within the newly proposed Community Commercial District, you should consider the reasoning for including supermarkets as a permitted use within this zone. The current Neighborhood Commercial zoning, which has always allowed for neighborhood oriented grocery stores, is considered outdated as it relates to supermarkets, due to the size limitations imposed. Therefore, in order for the City of Tigard to allow for neighborhood oriented grocery stores, they hzve 3 options: 1) increase the, "size of food stores allowed under Neighborhood muff NKM t Commercial 2 allow General Commercial. zoning in residential ar eat 3) create a new commercial zone which would allow for today's neighborhood supermarkets. If a new ' zone is developed, the original intent of Neighborhood Commercial, as it relates to grocery, stores, should be adopted. When NC was developed it was intended to allow '®r neighborhood grocery stores (Icon's Metzger Grocery Store). - At"'that time the , grocery industry was building stores ranging in size from approximately 2,500 sq. ft. up to 25,000 sq.ft.,the_lower _ en4 el ' the sDtctram being allowed in "neighborhood areas". This protected neighborhoods from the development ofjuq unnecessarily . ' large commercial operations. Times, however, have. changed. The grocery industry is now building stores which ran in size from 15,000 sq. ft. to 50,000 ( even larger for warehouse stores). Today,if the City of Tigard desires to have grocery' stores built in neighborhood areas, they must allow for larger stores than are permitted under Neighborhood Commercial. The question is, how large. In determining this, the original intents;of protecting the + neighborhoods from large commercial developments,; should not be disregarded. The new Community Commercial should again allow for the (over eyed of the snectrgm of current supermarket sizes as did the original Neighborhood Commercial. This would suggest a store of no larger than 25,000 sq.ft.. A f adopted, this limitation in size would protect our neighborhoods livTgbilily for future generdtions as the limitation -in size' a blished in Neiuhborhoi)d -Commercial has in the past. e VIABILITY OF A 25,000 sq. ft, SUM MARKET The new Community Commercial District should allow for a size- limitation which would allow a neighborhood grocery store to be a viable ooperation while still protecting Tigard's residential areas. We should define viability as both economically feasible and having the ability to satisfy the needs of today's consumers. ; r The economic feasibility of a 25,000 sq. ft. or smaller store can be.' demonstrated by the number of those in operation or in various stages of development. The average, Thriftway store is 27,800 sq. ft.. The mean size, however, is only 24,150 sq. ft.. We are currently in negotiation for sites to construct stores of 13,500 sq. ft.( Hollywood District 22-24,000 sq. ft. ( SW Miller. and Barnes), 27,000 sq.ft. ( Sellwood We also build very large supermarkets where the location allows ( Bales Milltowner: 44,QM sq. ft., Wilsonville: 46,000 sq. ft. and are currently considering a 46,000 sq. ft. store in the Tualatin area , Safeway currently operates many stores between the 22,000 sq. ft. and 30,000 sq. ft. ( Cedar Hills, Cedar Mill, 185th & 'V HWY, 13th & SW Jefferson, Hall & Pacific HWY plus many others). Sentry Stores, Inc. currently operates 67 stores in Oregon. All but 14 of these stores are less than 25,000 sq. ft. in size. They market ' themselves as being "Just Your Size" and target neighborhood areas. As for a 25,000 sq. ft. stores ability to satisfy the needs of today's consumers, I would again point to the number of these stores in operation today. It would be impossible for this many stores to be " operating and not be satisfying consumers needs. There are approximately 2 supermarkets in ®reg6a under 25,00 sq. ft. for every one supermarket between 35,000 sq. ft. and 40,000 sq. ft.. I can, as a businessman, appreciate the desire to build larger supermarkets. They pull customers from a much .`greater distance and can be extremely' profitable. However. --that does not negate the fact that'--these- scraper large stores are gtlll best suited for General Commercial Districts where they have operated for years. MSSI 1;LE COURSE OF ACTI®~1 ' If 'there is any question what size supermarket to allow in Community Commercial, I would suggest initially allowing for a 25,000 sq. ft. store. If this limitation does not promote the development of supermarkets in a timeframe which corresponds .s r S with the needs of residents ( not simply the needs, of certain sectorg of the grocery industry), then the limitation on square footage could be increased. This will not happen however. Prior to any need arising, you will see intense competition from our industry, fpr sites with a 25,000 sq. ft. limitation. If,' on the other hand, you begin by allowing a commercial development of 40,000 sq. ft. within city neighborhood areas and it is determined, -as I am stare it will be, that these large stores are still best suited for General'. Commercial areas, it will be too late to remedy the situation by reducing the allowable square footage. One or more of Tigard's neighborhoods will already have been burdened by unnecessarily large commercial operations. f 1. ' The development of a Community Commercial District is an extremely important issue which will have a lasting impact on many of Tigard's neighborhoods. The type of approach outlined above will insure the least impact on our neighborhoods livability to , accomplish the goals of the Community Commercial District. 'T'hank you for taking the time to consider these points. If you have r any questions, please feel free to contact me at 4503)626-6463.- Please keep me informed. Sincerely, I Matt Marcott Beaverton/'Tigaid Resident Marcott's Thriftway Stores, Inc. Thriftway Board of Directors s 'kr 3i ~i {i 11 j; COUNCIL AGENDA ITEM CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: April 28. 1992 DATE SUBMITTED: April 15, 1992 ISSUE/AGENDA TITLE: Code Amendment to PREVIOUS ACTION: Planning Commission allow religious assembly as conditi Hearina - April 6. 1991 use in Profes nal commercial zon PREPARED BY: Offer/Bewersdorff DEPT HEAD OK CITY ADMIN OK REQUESTED BY: Ed Murphy ISSUE BEFORE THE COUNCIL Should the City revise the Development Code to allow religious assembly (churches) as a conditional use in the C-P, Commercial Professional zone? STAFF RECOMMENDATION It is recommended that the Development Code Chapter 18.64.040 (A) be amended to allow churches as a conditional use in the C-P zone. INFORMATION SUMMARY The Korean Baptist Church proposed this amendment in order to apply for use of the City University facilities as a church. The C-P zone is the city's ~ only commercial zoning district that does not allow religious assembly either as an outright or conditional use. Since churches typically operate at times that are different from the typical operating hours of most uses permitted in the C-P zone, conflicts or impacts resulting from religious assembly uses should be minimal. Churches are also similar to and compatible with the scale of development now permitted in the C-P zone. No comments or concern have been expressed by the NPO's or any agency notified of the proposal.. PROPOSED ALTERNATIVES 1. Approve the change as recommended by the Planning Commission by adopting the attached ordinance. 2. Deny the amendment and retain the existing code provisions. FISCAL NOTES None applicable 1~1161' 11, Ismalmon MOM 1 -57TT~l~ic~Y 74o Lle T- .GUS _ d . _.9 T..,Y,9-~C, ..CISe . 1 L'~wuS 0.7 ~'o.,~vlTiv✓✓r~L ~.s~, -40& Gdau Zo 6vY46(r-G95c- 9 -v Ail ~ o~ ~•~257' ~UT~f~2l~ /~,HH~7~s 7' el~il~cla slam 9VAM MEMORANDUM CITY OF TIGARD, OREGON TO: Planning Commissioners FROM: Jer Offer, Development Review Planner DATE: March 25, 1992 SUBJECT: Zone Ordinance Amendment ZOA 92-0002 SUMMARY The Korean Baptist Church has proposed an amendment to Chapter 18.64 of the Community Development Code to list religious assemblies (churches) as a conditional use in the C-P zoning district (Professional /Administrative Office Commercial District). Attached is a copy of Chapter 18.64 of the Community Development Code. The proposed amendment would add religious assemblies at Section 18.64.040.A.4. The applicant's statement submitted with this application asserts that because churches typically operate at times (presumably Saturdays and Sundays) that are different than the typical weekday operating hours for the majority of. uses permitted in the C-P zone, conflicts or impacts resulting from religious assembly uses should be minimal. In addition, the conditional use process requires that effects of a potential religious assembly use, and therefore possible mitigation measures, be reviewed on a.case by case basis. Staff concurs with the applicant's statement with regard to the relatively minimal potential for conflicts between religious l assemblies and other uses permitted in the C-P zoning district due to the offset of operating hours and the ability of the conditional use review process to consider mitigation measures. Permitting religious assembly uses in the C-P district would be consistent with the purpose section for the C-P zoning district (Code Section 18.64.010). This section states: 112. To accommodate the location of intermediate uses between residential districts and areas of more intense development; 5. To provide a range of compatible and supportive uses." Since religious assembly uses provide for the needs of area residents but with impacts such as traffic levels that exceed normal residential area impacts, religious assembly uses can be C viewed as an intermediate usage between residential usage and more intensive commercial uses. Traffic impacts from religious assembly i i i 1 i i 1 uses upon permitted C-P uses would typically be negligible due to the different hours of operations of these uses. This difference in operating hours may also provide for opportunities for churches and neighboring other uses sharing parking lots. In addition, typical religious assembly buildings and development sites are of a size that is similar to and largely compatible with the scale of development of other uses permitted in the C-P zoning district. Therefore, staff concludes that allowing religious assembly uses as a conditional use in the C-P zoning district would be supportive of the purposes of the C-P zoning district. COMMENTS ^1 Staff has notified all NPOs, all abutting cities and Washington County, and the city's Engineering Department of the proposed amendment. All returned requests for comments received so far have indicated no comment or concern with the proposal. Any subsequent comments will be provided to the City Council when this proposed amendment is forwarded for final review. RECOMMENDATION Staff recommends that the Planning Commission forward a recommendation for approval of ZOA 92-0002 to the City Council to add religious assemblies as a conditional use in the C-P zoning district under Code Section 18.64.040.A.4. i i i R i Mwilillyin Chaote= 18.6; 1 i C-P: PRO.ESSIONAS./ADMINTSTRATIVE OFFICE COMMERCIAL DISTRICT Sections: 18.64.010 Purpose $ 18,64.020 Procedures and Approval Process 18.64_030 Permitted Uses 18.64.040 Conditional Uses (See Chapter 18.130) 18_64.050 Dimensional Requirements f 18.64-060 Additional Requirements r 18.64.010 Purpose f A. The purpose of the C-P zoning district is: 1. To provide for groups of businesses and offices in centers; =i 2. To accommodate the location of intermediate uses between residential districts and areas of more intense development; 3- To provide opportunities. for- employment and for business and professional services in close proximity to residential neighborhoods and major transportation facilities; 4. To expand the City's economic potential; 5. To provide a range of compatible and supportive uses; and 6- To locate office employment where it. can support other commercial uses. B. • The trade area will vary and. may extend outside the community. This zone is intended to implement the policies and. criteria set forth in the comprehensive plan. (Ord- 89-06; Ord. 83-52) 18_64.020 Procedures and Approval Process A. A permitted use, Section 18.64:030, is a use which is allowed outright, but is subject to all applicable provisions of this title. If a use is not listed as a permitted use outright, it may. be held to be a similar unlisted use under the provisions of Chapter 18.43, Unlisted Use., i B. A conditional use, Section 18.64._040, is a use the approval of which is discretionary with the Hearings Officer. The approval process and criteria for approval are set forth in Chapter 18.130, Conditional Use. If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Chapter 18.43, Unlisted Use. (Ord. 90-41; Ord. 89- 06; Ord. 83-52) i i e f a f 5 k I i 2 Revised 1/17/91 Page 130 TEP- Gq CO -D E 18.04.030 Permitted Use- , A. Permitted uses in the C-P district are as follows: I. Civic use types: \ a. Public agency administrative services; b. Cultural exhibits and library services; C. Public support facilities; d. Lodges, fraternal and civic assembly; e_ Parking facilities; f. Postal services; and g_ Public safety services; 2. Commercial use types: a. Animal sales and services: (i) Grooming; and (ii) Veterinary, small animals; b. Building maintenance services; r c. Business equipment sales and services; d. Business support services; e. Communication services; E. Children's day care; g. Financial, insurance, and real estate services; h. Medical and dental services; i. Participation sports and recreation: (i) Indoor; and (ii) Outdoor (not to exceed ten percent of the total square footage within the office complex); j. Personal services, general; k. Professional and administrative services; i i Revised 1/17/91 Page 131 I 1 1. RE ~Erch services; and j M. The following uses, separately. or in combination, shall not exceed a total of 20 percent of the entire square footage within the development complex: C ~ M ' Convenience sales.and personal services; (ii) Eating and drinking establishments; and (iii) Retail sales, general; 3. Residential use types: a. Multiple-family residential units as a.mixed use in conjunction, developed at R-40+ standards, with a commercial development, only in the CP District within the Tigard Triangle and the Bull Mountain Road District, on or above the second floor of the structure; b. Home occupations subject to provisions of Chapter 18.142; C. Family day care; 4. Transient lodging/restaurant (on the same parcel); 5. Temporary use; 6. Fuel tank; or 7. Accessory structures. (Ord. 90-41; Ord. 89-06; Ord. 86-08; Ord. 85-32; Ord. 84-73; Ord. 84=29; Ord. 83-52) 18.64.040 Conditional Uses (See Chapter 18.130) A. Conditional uses-in the C-P district are as follows: 1. Heliports, in accordance with the Aeronautics Division (ODOT) and FAA; 2. Hospitals; and 3 Utilities. (Ord. 89-06; Ord. 85-32; Ord. 84-29; Ord. 83-52) . Reli sous Assemblies 18.64.050 Dimensional Requirements ° A. Dimensional requirements in the C-P district are as follows: A ME JD M CMT 1. The minimum lot area shall be 6,000 square feet; 2. The average minimum lot width shall be 50 feet; 3. Except as-otherwise provided in Chapter 18.96 and Section 18.100.130, the minimum setback requirements are as follows: a. There shall be no minimum front yard setback requirement; however, conditions in Chapters 18.100 and 18.102 must be met; Revised 1/17/91 Page 132 f MAN= OEM b. On .)rner lots and through lots, t. `)e shall be no minimum ' setback requirement; however, the provisions of- Chapter 18.102 must be satisfied; c. No side yard setback shall be required except 20 feet shall be required where the C-P zone abuts a residential zoning district;. d. No rear yard setback shall be required except 20 feet shall be required where the C-P zone abuts a residential zoning district; and e. All building separations shall meet all Uniform Building code requirements; 4. Except as otherwise provided in Chapter 18.98, no building in the C-P zoning district shall exceed 45 feet in height; 5. The maximum site coverage shall be 85 percent including all buildings and impervious surfaces; and 6. The minimum landscaping requirement shall be 15 percent. (Ord. 89-06; Ord. 85-32;-Ord- 84-30;-Ord. 84-29; Ord_ 83-52) 18.64.060 Additional Requirements A. Additional requirements in the C-P district are as follows: 1. Overlay Districts, Chapters-18.80 Planned Development, 18.82 Historic Overlay District, and 18.84 Sensitive Lands; 2. Supplemental Provisions, Chapters 18_90 Environmental Performance Standards, 18.92 Density Computations,-18_94 Manufactured/Mobile Home Regulations, 18.96 Additional Yard Setback Requirements and Exceptions, 18.98 Building Height-Limitations: Exceptions, 18.100 Landscaping and Screening, 18.102 Visual Clearance Areas, .18.104 Fuel Tank Installations, 18.106 Off-Street Parking and Loading Requirements,. 18.108 Access, Egress, and Circulation, and 18.114 Signs; 3. Site Development Review, Chapter 18.120; 4. Development and Administration. Chapters 18.130 Conditional Use, 18.132 Nonconforming Situations, 18.134 Variance, 18.140 Temporary Uses, 18.142 Home Occupations, 18.144 Accessory Structures, 18.146 Flexible Setback Standards, and 18.150 Tree Removal; and 5. Land Division and Development Standards, Chapters 18.160 Land Division: Subdivision, 18.162 Land Division: Land Partitioning - Lot Line Adjustment, and 18.164 Street and Utility Improvement Standards. (Ord. 90-41; Ord. 89-06; Ord. 83-52) Revised 1/17/91 Page 133 TIGARD PLANNING COMMISSION - ( REGULAR MEETING - APRIL 6, 1992 \ 1. President Fyre called the meeting to order at 7:30 PM. The meeting was held at Tigard Civic Center - TOWN HALL - 13125 SW Hall Boulevard, Tigard, Oregon. 2. ROLL CALL: Present: President Fyre; and Commissioners Boone, Castile, Fessler, Hawley, Moore, and Saporta. Absent: Commissioners Barber and Saxton. Staff: Associate Planner Jerry Offer, Senior Planner Dick Bewersdorff, and Planning Commission Secretary Ellen Fox. 3.L~`APRROXAL.OF MINUTES Commissioner Boon od and Commissioner Hawley sec to approve the minutes of the March 1 991Ring as writte ion carried by majority vote of Commissioners p Commissioners Fyre and Saporta abstaining. 4. PLANNING COMMISSION UNICATIONS President a received a letter of resignation from Commissione Fessl as a result of her election to City Council (see Exhibit A).~, 5 PUBLIC HEARINGS 5.1 ZONE ORDINANCE AMENDMENT ZOA 92-0002 APPLICANT: KOREAN BAPTIST CHURCH A request to amend Community Development Code Section 18.64.040 to list religious assemblies (churches) as a conditional use in the C-P (Professional Commercial) zoning district. Associate Planner Jerry Offer explained the requested amendment to the Community Development Code, noting this was not a consideration of a specific site, but a general change to add religious assemblies as a conditional use. He advised that staff recommended approval of the amendment. Associate Planner answered questions from Commissioners about areas where this use would apply, and he provided information about access, screening and parking requirements. APPLICANT'S PRESENTATION There was no presentation by applicant. PLANNING COMMISSION MINUTES - APRIL 6, 1992 PAGE 1 r PUBLIC TESTIMONY o Cal Woolery, Chair of NPO 7, 12356 SW 132nd, advised that the NPO C., favored this amendment. There were no other speakers signed up for this item. PUBLIC HEARING CLOSED Commissioners each indicated they were in favor of this amendment to allow religious assemblies as a conditional use in the C-P zone. * Commissioner Hawley moved and Commissioner Saporta seconded the motion to forward a recommendation for approval of ZOA 92-0002 to the City Council. Motion passed by unanimous vote of Commissioners present. 2 ZONE ORDINANCE AMENDMENT ZOA-92-0003 staff initiated amendment to Community Development Code Chapter 1810 to: 1) amend standards for 'cabled person arking spaces to require onsistency with state and fe al laws; anpd Z) to allow gravel surface arking lots for fleet storag nd construction equipment storage. T Community Development Code curr tly requires all parking lots to be pa d. Associate Plan Jerry Offer reviewed the proposed eon ordinance amendment. Regar g the standards for disabled person p ing spaces, he explained the lan ge would be replacing specifics with eralities in accordance with fede and state statutes. He advised this uld alleviate the need to chan the code every time the federal and s to agencies made changes to the ulations. Associate Planner described the vari s uses which might benefit from being allowed to have gravel parking 1 He advised that most of the existing gravel lots are non-conforming 1.o He reviewed the standards which would have to be met before a gravel to would be acceptable. He tated that the NPO comments received were favor le, except for a t graphical error on page 3, section 18.106.050, 2. where the wor "except as noted below" should be deleted. PUBLIC TESTIMO Cal Woolery, N indicated there was no objection to this ordi ce as staff has propo~ d it. There was no one else sig c~ up to speak on this item. i i 1 s i r f i" PLANNING COMMISSION MINUTES - APRIL 6, 1992 PAGE 2 1 i t COUNCIL AGENDA ITEM CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SU14 ARY AGENDA OF: April 28. 1992 DATE SUBMITTED: April 15, 1991 ISSUE/AGENDA TITLE: Code Amendment PREVIOUS ACTION. Planning Commission Disabled Person Parkin & Gravel P - Hearing - April 6, 1992 in for Fleet ora a PREPARED BY: Offer/Bewersdorff DEPT HEAD OK CITY ADMIN OK REQUESTED BY: Ed Murphy ISSUE BEFO THEN COUNCIL Should the City revise the Development Code to: (1) require consistency with state and federal standards for disabled parking and (2) provide standards for fleet storage or construction equipment on gravel parking lots? STAFF RECOMMENDATION It is recommended that the Development Code Sections 18.106.020 and 18.106.050 be amended to require consistency with state and federal disabled parking standards and to provide for gravel parking for fleet storage. # INFORMATION SUNIIMARY- The most recent changes in the Americans with Disabilities Act caused staff i to propose amendments to the Community Development Code which would simply require consistency with state and federal standards for disabled person parking rather than establishing a separate City standard. The general terms proposed will avoid the City needing to revise the Code in the future if federal or state laws change. Handouts of the federal and state standards 3 will be maintained and provided to prospective developers. In addition, staff is proposing standards under which gravel parking lots can be used for fleet or construction equipment storage. The City receives numerous requests each year from people who would like to develop gravel parking lots rather than pave large expanses of area for fleet storage and or construction equipment. The standards are an attempt to reduce impact on residentially developed areas from dust, dirt on public streets and erosion into water courses while allowing gravel parking in limited circumstances. The Planning Commission recommended approval of both changes. The NPO's suggested only minor typographic changes. PROPOSED ALTERNATIVES 1. Approve the changes as recommended by the Planning Commission by adopting the attached ordinance. 2. Revise the proposed changes by specifically listing the state or federal disabled parking standards and make selected changes to the gravel parking standards. 3. Approve the disability standards and retain the existing standards to continue to require paved parking for all circumstances. FISCAL NOTES None applicable i i MEMORANDUM CITY OF TIGARD, OREGON TO: Pat Reilly, City Administrator FROM: Ed Murphy, Community Development Director DATE: April 16, 1992 SUBJECT: Zone Ordinance Amendment ZOA 92-0003 The Planning Division staff proposes the attached amendments to Community Development Code Chapter 18.106 related to parking facilities. Proposed deletions are noted in brackets [ Proposed additions are underlined. The Planning Commission reviewed this proposal in a public hearing on April 6, 1992. No one testified in support of or in opposition to the proposal. The Planning Commission recommends approval of the proposed Code amendment as currently written. Minutes of the Commission hearing are attached. r DISABLED PERSON PARKING Staff proposes the attached amendments to Code Sections 18.106.020 to remove Code requirements related to disabled person parking spaces that are inconsistent with provisions of the Oregon Revised Statutes and the federal Americans with Disabilities Act. Since state and federal laws supersede local laws, unless the local laws are stricter, staff proposes that the Community Development Code simply require consistency with state and federal standards for disabled person parking rather than establishing a separate City standard. The general terms which describe the standards will avoid the City needing to revise the Code in the future if federal or state laws change further. Information regarding cities' responsibilities related to the Americans with Disabilities Act is also attached. GRAVEL PARKING AREAS Staff receives numerous inquiries each year from people who would like to develop gravel surfaced parking lots rather than paved parking as required by the current standard of the Community Development Code. So far, we have not had anyone push the question to the point of a developer sponsored Code amendment proposal and no variances to this standard have been approved in several years. This issue has come up again several times recently in discussions with different prospective parking lot developers. These recent inquiries have been related to parking lots for fleet storage and/or construction equipment storage. Staff has drafted the attached proposed ordinance amendments to provide a flexible means Now of dealing with this issue in limited circumstances. The proposal sets limits on where gravel lots would be permitted and would require a landowner to enter into an agreement by which the City could require paving if problems arise with the gravel parking area or if the use of the site changes. RECOMMENDATION 3 i Staff recommends approval of the proposed revisions to Community j Development Code Chapter 18.106 related to disabled person parking standards. Staff and the Planning Commission recommend approval. of the proposed amendments to Chapter 18.106 to allow gravel parking areas for fleet storage and construction equipment storage. JO:Parking .Y i s i i i 1 i 4 i IMBUES= 1 PUBLIC TESTIMONY o Cal Woolery, Chair of N 12356 SW 132nd, advised tha the NPO favored this a2paby There were no ers signe ~fo this item. PUBLIC HEARING CLOSE Commissioners ed they ere in favor of this amendment to allow religiouas a nditional use in the C-P zone. * Commissioner Han Commissioner Saporta seconded the motion to forward a rfor approval of ZOA 92-0002 to the City Council. Motiunanimous vote of Commissioners present. 5.2 ZONE ORDINANCE AMENDMENT ZOA 92-0003 A staff initiated amendment to Community Development Code Chapter 18.106 to: 1) amend standards for disabled person parking spaces to requi.re consistency with state and federal laws; and 2) to allow gravel surfaced parking lots for fleet storage and construction equipment storage. The Community Development Code currently requires all parking lots to be paved. Associate Planner Jerry Offer reviewed the proposed zone ordinance amendment. Regarding the standards for disabled person parking spaces, he explained the language would be replacing specifics with generalities in accordance with federal and state statutes. He advised this would alleviate the need to change the code every time the federal and state agencies made changes to the regulations. Associate Planner described the various uses which might benefit from being allowed to have gravel parkinq lots. He advised that most of the existing gravel lots are non-conforming lots. He reviewed the standards which would have to be met before a gravel lot would be acceptable. He stated that the NPO comments received were favorable, except for a typographical error on page 3, section 18.106.050, I., 2. where the words "except as noted below" should be deleted. PUBLIC TESTIMONY Cal Woolery, NPO 7, indicated there was no objection to this ordinance as staff has proposed it. There was no one else signed up to speak on this item. F~ PLANNING COMMISSION MINUTES - APRIL 6, 1992 PAGE 2 Jig I gil PUBLIC HEARING CLOSLv o Commissioner Castile asked for clarification concerning the 100 foot distance from public right-of-way. Associate Planner explained the purpose of this distance requirement is to avoid dust blowing into the public right-of-way. There was discussion concerning the unsightly appearance of gravel lots and the need for sufficient screening and landscaping. o Commissioner Boone suggested changing the language on page 3, I. 3. item b. to read, "If there is a change in the type of use", which gives the Director authority to require paving a lot in certain instances. o President Fyre favored leaving the language somewhat open as it would give the Director discretion to require paving prior to adverse affects occurring. o There was discussion about Section 18.106.050, I. 1. regarding City street standards for asphalt and concrete surfaces. Commissioner Moore asked Assoicate Planner to request clarification on this from City Engineer and get back to Commission with information. * Commissioner Moore moved and Commissioner Fessler seconded to approve Part I of the amendment as proposed by staff. Motion passed unanimously by Commissioners present. o There was further discussion concerning gravel lots. o Commissioners Saporta and Moore expressed concern about screening issues. o Commissioner Boone was concerned with the amount of dust which might be , generated. 1 o Commissioner Hawley suggested the more screening the better but felt 250 feet was too great a distance to require for buffer from residentially developed areas. Discussion followed concerning the appropriate distance for a buffer between neighborhood areas and gravel lots. * Commissioner Boone moved and Commissioner Fessler seconded to approve Part II of the parking lot amendment except to change the language in I. 3. a. from "Gravel parking areas shall not be permitted within 250 feet _ of any residentially zoned or residentially developed area to 100 feet. Motion passed by majority of Commissioners present, with- Co missioners Saporta and Moore voting "Nay." MEETING RECESSED - 8:25 MEETING RECONVENED - 8:35 } f PLANNING COMMISSION MINUTES - APRIL 6, 1992 PAGE 3 } I i s MOMMIM I'. I i iota Atir I'r.7 • 3•"': AMrn CAN ;'I ANNIN(; A,S( )CIAI It IN c' JUllim, and the This n:1 III oa(l.,wrrl+ur-t I.r.+ c(u11 L.;wIlnoa. unph(auon, for the I)I:Innin,~, Ilrltl. I'M C\.ita1,IC. i 11111drt Ih.u OWIC :I1C Americans with neap, iO nlilhon inth%ldII;il, 'A till (It..lhibuC, 1h.a •ur Disabilities Act covere(I by this Ia,C :\II I,It,, I.1n1,. ,CMCC,. acll%IIIC,• anti IIICCIin , nnl,t he aciC„Ible to 111Cnt to (011116 V. 1111 IhC Most /onatL, a(lnani,llator, Intl I)l.aannl, oltl~tal, already AI)A. Slncc 1:unl:rry26, Ilas law 11.1, IC({uae(I eonlph.tmc for know 111.11 ,igoilirant I);m, of IhC ;\inrnrart, ~%itll Ul,ahilihes (very :Ictivity cuntlucte(I h'. :1 I)I:Innln;, ;i1lc1 loran: Act took etlccl on I•anl:a,' _'0. c,Ith 1hC remainder (Icpartnlent. In anticipation 111:11 not all conununtltc, will heeonang elfcclive ,Ix 11nntih, 1a1c1. What many (lo not h:n'e met rcyuirenlcnt, by tht, (late. ;I tinic line t,-r know I, ho\4. 1111\ 11C„ I;n( %%ill (lireclk .111CCI the planning compliance is sug,este(i by the tiaUon.Il League of C(iic, profe„ion The At):\ n (lc,t_•nr(I to bmw, (h,ahlc(I (NI.C). Local govrrnnu nI, nlav ,how a gou(1-tauh C(Furt for Anu•rican, into the Ccononac nl:n11 Ilwjln by 1)1(1% [(till!, them compliance by tolloccing x'1111 •Ir I1111C Ina equal accC„ to joh,. 11 :al,por1,11 n,ll• I)ohlic 1ac11itic,.:111(1 The :\I);\ give, 1n(li,'I(lual, (,uh tIt,ahihllc, cl,tl nght, >crviee,. This I,SUC of 1011u)11: NCtr, conunn, :I hrict protection parallCl to that pn , n1r(I on ihC h:I>i, of racC. Inu'MILICrton to the .\I)A', con)I)onent, an(1 oilers ,imic,nes color, national omlin. ,c•,.:aul rcllgnnl It con,t,i, of tr,c , for ntoJll'yim_ ordnxutCC, an(1 a(Inunl,Irainr ploce(lure, to titles: •hille I cover, e1111locnrc•r1t <h,crnnulauon. Title II ' firing Ihcn1 into conlpli.Incc :\n o%Cr, rc'w of the AI)A ,vas relate, to (li,crinlinanoo In 111c 1)11„ Lion of ,cr, ice,. pro puhll,hC(J a1 (11e January 1„aC of the /':1.1 McItln. smills. MW aCIMIR•, of ,IatC unl 10c.Il ,'0(ClnnWI)I1 llllr III _ _ Accessibility requirements are already in place for _ _ _ _ _ Ec~:~ _ federally funded programs. Now, the Americans with _ - _ _ _ _ Disabilities Act (ADA) f- - _ _ _ - - requires barrier free access E _`;~1 jorall other public jacili- ties, including historic : Nsl properties. Barrier-Free v Environments of Raleigh, ` North Carolina, helped the University of North Caro- l ~.----a lina modify its historic • r buildings without causing the destruction of file ";'historic quality. _ t ) ~ 1 i 1 1 L~~w with public transportation, signage, accessible restroorns, materials and information a visually impaired person can use, and meetings in which people with hearing and speech impairments can participate and communicate. Posters Key Definitions announcing public hearings can be posted in senior citizen housing and meal sites, group homes, and other public Accessible Route. ll continuous, unobstructed centers to reach more people with disabilities. path connecting all accessible elements and At public meetings, with speech or hearin spaces of a building or facility. people g impairments will need to have the information presented to ADA Accessibility Guidelines (ADAAG). The them in an accessible format. This could include sign ADAAG, issued in conjunction with Titles ll and III interpreting, a communication aid such as a telephone device on July 26,1991, contains general design for the deaf (TDD) or a teletypewriter (TTY), a device that standards for building and site elements, such as accessible entrances, routes, ramps, parking amplifies sound or clarifies speech, or a person assigned to spaces, stairs, elevators, restrooms, signage, etc. assist the person with a disability. Speech impairments may not always be associated with hearing disabilities, but may Area of Rescue Assistance. An area, which has instead result from cerebral palsy; various medical treat- direct access to an exit, where people who are ments, or cancer. Assisting someone who has only a speech unable to use stairs may remain temporarily in impairment can be accomplished with a microphone amplifi- safety to await further instructions or assistance during emergency evacuation. cation system or by Providing notepads, for questions and comments. Clear Floor Space. The minimum unobstructed To ensure that people with visual impairments have equal floor or ground space required to accommodate. a opportunity to participate in public meetings, zoning single, stationary wheelchair and occupant. administrators were to have made all flyers, printed Disability. In reference to an individual, a physical handouts, public notices, slides, other visual aids, and any or mental impairment that substantially limits one object displayed or demonstrated accessible as of January 26 or more of the major life activities (see below); a . Notices for public meetings should be tape-recorded, and th record of such an impairment; or being regarded recorded message should be available at a central location. as having an impairment. such as a public library. Facility. All or any portion of buildings, structures, All local governments should be sensitive to the sites, complexes, equipment, rolling stock or limitations of those individuals with sensory impairments other conveyances; roads, walks; passageways, when providing public notice. It will be necessary to use a parking lots, other real or personal properly, wide range of media to ensure that notices are communicated including the site where the building, property, to all citizens. NLC recommends using newspapers, radio, structure, or equipment is located. closed caption television, and posters. NLC also suggests Y Major Life Activities. Functions such as caring for providing information in braille or on audiocassettes for one's sell, performing manual tasks, walking, vision-impaired citizens and hiring sign-language interpreters seeing, hearing, breathing, teaming, and working. for hearing-impaired persons when holding public meetings. Program Accessibility. Refers to ensuring To ensure that citizens with physical mobility nondiscrimination and equal opportunities for impairments are involved in the planning process, the individuals with disabilities so they may partici- meeting site must have accessible transportation and parking; pate in programs and activities. an accessible route between the parking spaces and the building; and features within the building that make it usable for all, including, but not necessarily limited to, accessible entrances, hallways, restrooms, telephones, drinking prohibits discrimination in business and other public accom- fountains, and public meeting rooms. modations; Title 1V covers telecommunications; and Title V Most communities continue to produce their zoning contains implementing provisions. The planning profession is ordinances only in written form, with limited availability to most affected by Titles 11 and Ill. the public. Zoning administrators need to think carefully both about how zoning ordinances are published and about which Title 11: Public Services citizens are excluded when the city is creating, modifying, Many ADA requirements are already in effect under existing and reviewing the ordinance. Under the ADA, other methods state and local laws. Governments may not refuse a person of communication must be adopted. Some cities have used with a disability participation in a service, program, or computer databases with a publicly accessible terminal to activity simply because of that disability. Planning allow persons with disabilities to comment on proposed departments must seek out people with disabilities and zoning ordinance modifications. Cities will have to apply ensure that their comments can be heard. creative alternatives so that people with disabilities can read Does this law require that every public meeting must be and use important documents like the city's zoning accessible? The answer is Yes. Under this law, any planning ordinance. and zoning department or any representative providing a Any individual who believes that he or she has been service that is not accessible will be in violation of Section discriminated against on the basis of disability may file a 202 of the ADA and subject to specified penalties. complaint. The Justice Department is the lead agency for A building or facility is accessible if it has no barriers to enforcing compliance under Title 11 as it relates to state and people with disabilities. This may mean a central location local governments. Individuals may recover compensatory t w 2 =Emma and punitive damages for unlawful and intentional government officials to determine whether problems exist. discrimination. In addition, state laws may entitle the The self-evaluation checklist should be a comprehensive individual to sue for more damages. assessment of all current services, policies, and practices and l' Many communities have worked hard to involve people the effects that do not or may not meet the requirements of with disabilities equally in the planning process, although ADA compliance. According to the NLC, local government most continue to produce their zoning -ordinances with officials must then begin immediately to modify programs, limited public comment from these people. Burlington, policies, forms, documents, procedures, and structures to Vermont, recently completed a report, Removing Barriers: A ensure compliance. Guide for Including People hvith Disabilities in the Planning Process. (See "Zoning Reports" on page 4.) The report offers Title III: Public Accommodations amm guidance for making public meetings accessible to people and Commercial Facilities with hearing, visual, and/or mobility impairments. The ADA accessibility guidelines apply to the design and Santa Monica received a 1989 award from the California construction of new facilities and, when alterations are made, Department of Rehabilitation for a planning program called to existing facilities. The law requires-all goods and services "Access Santa Monica." Audrey Parker, the city's disabili- to be available in a way that does not exclude persons with ties coordinator, worked with city staff to create PEN, a disabilities. Places such as restaurants, hotels, theaters, public electronic network, which allows residents to com- laundromats, museums, day care centers, and all city meeting ment on a specific issue or direct a question to a particular rooms are covered by the law as public accommodations. SIGN 3' MIN. Accessible Parking Spaces o 0 0 0 0 MULTIPLE (Required Minimum) Total Parking Accessible C~ t~ (Ij f~ t~ SPACES Spaces in Lot Spaces II ,,II II SS.. I ' Q. ' Q REQUIRED 1 to 25 1 a. #5- 8' a. 1,5. = = a' 26 to 50 2 51 to 75 3 76 to 100 00 4 - 101 to 150 5 sv 5 151 to 200 6 SPACES curie 200 to' 300 7 REQUIRED l~ T 0 301 to 400 8 401 to 500 9 a- a- wl to 1,000 2- 1001 and over 20" Terwnt of total. - Pkm one space for each 100 In the final ru11b many of the Natinnal"Parking Association's over 1.000. &c6nimtents were adopted AccessUt spaces are required to bed 8; t wade, with a>r adjacent access atstc5 0 wide. One in p:r.* 4ta"rt.~- .T 3 zr .a<+a.' .t{x'' » ~ i7'..~Ktti rt.-•- n ~ e~ver~* eigli sher accessm spric°es shall Nape a~s'accesvWsle o-ry! 1 V 3J 'TRS r"~ '3 ~16e7iJ"3 y D. de ralhcattj hallfbir~sgesrvan accessible: ~.d( city staff member. The system works through personal Cities must have ordinances in place to control new computers and computers located in schools, libraries, and development for accessibility or must be able to show that a city hall. Any citizen can use the computer program to good-faith effort is being made. Zoning officials are to write comment on issues such as a proposed ordinance amendment performance standards that require accessibility in all public or to review minutes from previous meetings. This computer accommodations. also lists announcements of all public meetings throughout According to the Unified Development Ordinance by the city. Michael Brough, most ordinances contain the following Currently, with the ADA in effect, Parker is organizing a articles, and each of these deals with design elements: density, task force of city department heads to complete a citywide recreational facilities and open space, streets and sidewalks, self-evaluation and make recommendations on accessibility. utilities, floodways, signs, parking, and landscaping. Zoning Each department will pick a liaison to work on an administrators need to analyze each article to determine informational handbook, grievance procedure, and a whether its requirements meet those of the ADA. For example, transition plan. This self-evaluation is one of the specific parking requirements for most uses require varying numbers requirements for local governments with more than 50 of accessible parking spaces. The ADA contains specific employees. The process should be viewed as the starting guidelines for parking. point toward achieving compliance. It permit3 local The ADA aims to bring state and local codes into line / -x T 1 ' 1 ) with the federal rules where the latter are stronger. Its If you wish to receive a complete copy of both the provisions, however, do not supersede state or local building regulations and guidelines, contact: Office on the Americans codes or accessibility laws that are already more stringent. with Disabilities Act, Civil Rights Division, Department of The ADA accessibility guidelines (ADAAG) were Justice, P.O. Box 66118, Washington, DC 20035-6118; 202- published by the Architectural and Transportation Barriers 514-0301 (voice), 202-514-0381, or 202-514-0383 (TDD). Compliance Board (ATBCB). Section 502 of the For specific information about requirements for accessible Rehabilitation Act of 1973 established the ATBCB as a design in new site planning, construction, and alterations, regulatory, monitoring; reporting, and investigative body. It contact: U.S. Architectural and Transportation Barrier enforces compliance with accessibility standards developed Compliance Board, 1111 18th St., N.W., #501, Washington in response to the Architectural Barriers Act, examines and DC 20036-,202-653-7834 or 800-USA-ABLE. determines ways to eliminate physical and attitudinal Local Officials Guide: Complying with the Americans barriers, and makes reports and recommendations to with Disabilities Act of 1990 is available from the National g Congress. ATBCB wrote the final ADA guidelines issued on League of Cities, Education and Information Resources, July 26, 1991. Local governments are given the option of 1301 Pennsylvania Ave., N.W., Washington DC 20004; following either the Uniform Federal Accessibility Standards 202-62&-3170.$60 for NLC members, $75 for non- s or the ADA guidelines, members. Opposition LL Y There is great resistance in the private sector to meeting the law's accessibility requirements. Groups such as the Joint Baptist Committee (affected by requirements for accessible Call for Information day care centers and soup kitchens), the Children's - Foundation (day care centers), American Association of Zoning News is planning an article in the near future Homes for the Aging (nursing homes), and the American examining planning and zoning department attempts at Banking Association (teller windows and ATM machines) public education and outreach. Information on local have all espoused their opposition to ADA's requirements. programs of this sort should be addressed to Amy Van A major problem with implementing the ADA is that Doren; Reporter, Zoning News, APA, 1313 E. 60th St., I there is some vagueness in the late, and it is difficult to Chicago, IL 60637. F determine specifically what will be required in every project. .h The law will evolve case by case. It is, therefore, every zoning administrator's responsibility to keep up to date on the latest methods for achieving compliance. The ADA provides an opportunity to include people who ~/°t(~ are frequently left out of decisions affecting their lives. gpwmG e ~I t Decisions regarding design criteria in the zoning ordinance will better fit the community's needs if people with disabilities are allowed to comment. A Guideline Code for the Municipal Regulation of Additional Resources On-Premise Signs r The American Planning Association is a sponsor of the National Electric Sign Association, 801 N. Fairfar St., Suite American Institute of Architects' three-part teleconference 205, Alexandria, VA 22314. 1991. 46 pp. $20. ? on the Americans with Disabilities Act that is scheduled to Considering the input of a regulated industry in drafting air on PBS in February, March, and April. For more ordinances is a necessary part of the policy-makirig information, call 800-343-4146. discourse, and, in this case, the design ideas are sound and the proposed code language is reasonable. NESA stresses that simplicity and commonly understood definitions make both enforcement and compliance easier. Tuning News in a monthly newsletter published by the American Planning _ Association. Subscriptions arc available for $32 (U.S.) and S38 (foreign). Israel Stollman. Executive Director" Frank S. So, fhputy Executive Director" Zoning News is produced at APAJim Schwab, Editor; David Bergman. Fay A Guide for Including People Dolnick, Sarah Dunn, Chris Itarris, Carolyn Kennedy. Linda Lamb, Marya Morris, With DtSab111i1eS In the Planning Amy Van Doren. Reporters- Paul Thomas, Assistant Editor; Lisa Barton. Production. Process: Burlington, Vermont - Copyright 01992 by American Planning Association, 1313 F. 60th St., Chicago, IL 60637. The American Planning Association has headquarters offices at 1776 Orice of the Mayor, City Hall, Burlington, VT 05401. 1990. Massachusetts Ave., N.W., Washington, DC 20036. 31 pp. Small fee. All rights reserved. No part of this publication may be reproduced or utilized in any Burlington, Vermont, has long been committed to public form or by any means, electronic or mechanical, including photocopying, recording, participation in all aspects of pUb11C pO11Cy making. This or by any information storage and retrieval system. without permission in writing from the Amerman Planning Association, report is designed as an educational tool for other Printed on recycled paper, including 50.70% recycled fiber ® communities to use to encourage wider participation of and 10%posuonsumerwaste. people with disabilities in the planning process. s,c )x 4 r. ;i,. IBM r COUNCIL AGENDA ITEM 'l CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: April 28, 1992 DATE SUBMITTED: April 15, 1992 ISSUE/AGENDA TITLE: PREVIOUS ACTION: Disposal of Property on McDonald Street PREPARED BY: Wayne Lowry DEPT HEAD O CITY ADMIN O REQUESTED BY: -0/ ISSUE B FORE THE COUNCIL t Shall the City Council hold a public hearing to solicit testimony on the proposed sale of property at 8640 S.W. McDonald street? x STAFF RECOMMENDATION Staff recommends that Council hold the required public hearing and reiterate its desire to sell the property with $75,500 as the minimum acceptable price. C INFORMATION SUMMARY a TMC 3.44.015 A-E requires that whenever a property is proposed for sale by the City, a public hearing must be held before the City Council to solicit public testimony to determine if the proposed sale is in the public interest. After the hearing, the Council shall determine whether it will offer the property for sale and what the minimum acceptable price shall be. On the March 10, 1992 consent agenda, the City Council indicated its intent to propose the sale of this property, and set the minimum acceptable price at the appraised value of $75,500. This hearing will satisfy the remaining requirement and will allow staff to proceed with the sale process. PROPOSED ALTERNATIVES 1. Hold the hearing as required. 2. Do nothing. FISCAL NOTES C Proceeds will be used for road improvements. I f