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City Council Packet - 10/25/1994
CITY OF TIGARD OREGON 1. PUBLIC NOTICE. Anyone wishing to speak on an agenda item should sign on the appropriate sign-up 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. Times noted are est/matgd,; it Is recommended that persons interested in testifying be present by 7.15 p.m. to sign in on the testimony sign-in sheet. slness agenda items an be haard in = order after 7-30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 639-4171, Ext. 309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deao. Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments, and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting date at the same phone numbers as listed above: 639-4171, Ext. 309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deao. SEE ATTACHED AGENDA COUNCIL AGENDA - OCTOBER 25, 1994 - PAGE 1 y TIGARD CITY COUNCIL MEETING OCTOBER 25, 1994 AGENDA STUDY MEETING: Executlve Session: The Tigard City Council may go into Executive Session under the provisions of ORS 192.660 (1) (a), (d), (e), (f) & (h) to discuss employment of public officers and employees, labor relations, real property transactions, exempt public records and current and pending litigation issues. Agenda Review 1. B,UVINESS MEETING (7:30 PM) 1.1 Call to Order - City Council & Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications/!raison Reports 1.5 Call to Council and Staff for !Von-Agenda Items 2. 2.1 PROCLAMA'T'ION: TURN! OFF THE VIOLENCE DAY - OCTOBER 27, 1994 - Mayor Schwartz 2.2 SPECIAL, RESOLUTION! - UNFUNDED MANDATES a. Reading of Resolution Title and Number b. Mayor/Council Comment C. Council Consideration: Resolution No. 94-4(p 3. VISITOR'S AGENDA (Two Minutes or Less, Please) 4. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 4.1 Receive and File: Memorandum Concerning Metro 2040 4.2 Approve and Authorize the City Administrator to Sign a Contract with Murray, Smith and Associates, Inc. for further Work on the Long-Term Water Supply 4.3 Approve Authorize Wn of Application for Delegation of Electrical Propram - Resolution No. 94- COUNCIL AGENDA - OCTOBER 25, 1994 PACE 2 11 11 1! g I 101 5. CONSIDER FINAL ORDER - COMPREHENSIVE PLAN! AMENDMENT CPA 94- 0003/ZON 94-0085 REMBOILD TRUST, INC. LOCATION: 10075 SW Cascade Boulevard (WCTM 1S1 35BB, tax lots 300 and 500). To amend the Comprehensive Plan Map from Light Industrial to General Commercial and a zoning change from I-P (industrial Park) to C-G (General Commercial). APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.22, 18.32, 18.62; Comprehensive Plan Policies 1, 2, 4, 5, 7, 8, and 12; Statewide Planning Goals 9 and 12. ZONE: I-P (industrial Park) The I-P zoning allows public agency administrative services, public support facilities, professional and administrative services, financial, insurance, and real estate services, business support services, manufacturing of finished products, packaging and processing, wholesale, storage and distribution among other uses. a. Staff Report: Community Development Department b. Council Questions C. Council Consideration: Ordinance No. 94-- 6. METRO GREENSPACES - APPROVE PRIORITY LIST OF PROJECTS IN TIME TIGARD AREA (Continued from the October 11, 1994 Council Meeting) a. Staff Update: Community Development Department b. Council Discussion c. Council Consideration: Resolution No. 944-V--P7 7. CONSIDER THE AWARD OF SCHOLARSHIPS TO THE TIGARD AREA CHAMBER OF COMMERCE LEADERSHIP SEMINAR a. Staff Report: Interim City Administrator b. Council Consideration of Applications: Motion to award scholarships. 8. MONI-AGENDA ITEMS eft , 9. EXECUTIVE SESSIONS: The Tigard City Council may go into Executive Session under the provisions of ORS 192.660 (1) (a), (d), (e), (f) & (h) to discuss employment of public officers and employees, labor relations, real property transactions, exempt public records and current and pending litigation issues. 10. ADJOURNMENT c=102b.94 COUNCIL AGENDA - OCTOBER 25, 1994 - PAGE 3 Council Agenda Item 3, TIGARD CITY COU'NCI MEETING MINUTES - OCTOBER 25, 1994 • Meeting was called to order at 6:44 p.m. by Mayor John Schwartz. 1. ROLL CALL Council Present: Mayor John Schwartz; Councilors Wendi Conover Hawley, Paul Hunt, Bob Rohlf, and Ken Scheckla. Staff Present: Bill Monahan, City Administrator; Jim Coleman, Legal Counsel; Janice Deardorff, Human Resources Director; Duane Roberts, Associate Planner; Ed Wegner, Director of Maintenance Services; and Catherine Wheatley, City Recorder. aTUDY SESSIONS • Executive Session: The Tigard City Council went into Executive Session under the provisions of ORS 192.660 (1) (a), (d), (e), (f) & (h) to discuss employment of public officers and employees, labor relations, real property transactions, exempt public records and current and pending litigation issues. Executive Session recessed at 7:55 p.m. (Councilor Rohif left the meeting at this time.) Business Meeting reconvened at 7:45 p.m. B I IRIES9 MEETING • Council Communications/Liaison Reports - Mayor Schwartz announced that during the previous Executive Session, the City Council reviewed the applications for the City Administrator position. Council decided there was one individual they felt they would like to make a job offer to, and after the appropriate background checks were made and acceptance of the offer, announcement of the name of that individual will be made. • Non-Agenda Items - Councilor Hunt advised he would like to have an update on the water issues, including what has been occurring with the status of setting up a meeting with the Lake Oswego City Council regarding a long-term water contract. CITY COUNCIL MEETING MINUTES - OCTOBER 25, 1'994 - PAGE 1 W s 2. PROCLAMATION: TURN OFF THE VIOLENCE DAY - OCTOBER 27,1994 - Mayor Schwartz read the proclamation. SPECIAL RESOLUTION - UNFUNDED MANDATES - Mayor Schwartz read Resolution No. 94-46 Into the record. Councilor Hawley explained the resolution further, advising that local governments are often mandated to perform in certain ways or provide certain services by the federal government and are not given the dollars to carry out such mandates. Motion by Councilor, seconded by Councilor Hawley, to approved Resolution No. 94-46. Motion was approved by a unanimous vote of Council present. (Mayor Schwartz and Councilors Hawley, Hunt, and Scheckla voted "yes.") 3. VISITOR'S AGENDA: Christy Herr, 11356 SW Ironwood Loop, Tigard, Oregon, 97223, complained she recently volunteered to serve on the task force for review of the tree ordinance. She felt that her offer to volunteer had not been considered seriously by City staff and that City staff was "dragging their feet." She noted it was obvious that "the staff did not want any part of the tree ordinance process. Interim City Administrator Monahan noted a task force was going to be formed and those people who had testified at the last meeting would be notified to ask for their interest in serving on the task force. Councilor Hawley clarified that the first step would be to work on the core of the issues, which was an ordinance regulating developers. The next step would be to form the task force. Ms. Herr questioned whether at the last meeting there was a proposal for repealing the underground utility fees and replacing them with additional tax on all residents through their utility bills. Mayor Schwartz advised this was not under consideration by Council. He noted there may be a change to undergrounding fee requirements because of problems with developments with short frontages. More information will be coming with regard to certain zones or types of conditions wherein undergrounding of utility fees would not have to be paid. CITY COUNCIL MEETING MINUTES - OCTOBER 26, 1994 - PAGE 2 INNER III 4. CONSENT AGENDA: 4.1 Receive and File: Memorandum Concerning Metro 2040 4.2 Approve and Authorize the City Administrator to Sign a Contract with Murray, Smith and Associates, Inc. for further Work on the Long Term Water Supply 4.8 Approve Authorization of Application for Delegation of Electrical Program - Resolution No. Councilor Hunt requested that Item 4.3 be removed for separate consideration and explanation. There was a question on Item 4.1. Mayor Schwartz advised that because of the impact of 2040, he would prefer City Council remove this item from the agenda and place it on a future agenda so Council can take a position and respond with a letter to Metro. After discussion, it was decided Item 4.1 would be discussed at the November 22, 1994 meeting. Item 4.2 remained on the Consent Agenda. Motion by Councilor Hunt, seconded by Councilor Scheckla, to approved Item 4.2. Motion was approved by unanimous vote of Council present. (Mayor Schwartz and Councilors Hawley, Hunt, and Scheckla voted "yes.") 5. CONSIDER FINAL ORDER - COMPREHENSIVE PLAN AMENDMENT CPA 94- 0003/ZON 94-0005 REMBOLD TRUST, INC. LOCATION: 10075 SW Cascade Boulevard (WCTM I S1 351313, tax lots 300 and 500). To amend the Comprehensive Plan Map from Light Industrial to General Commercial and a zoning change from I-P (industrial Park) to C-G (General Commercial). APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.22, 18.32, 18.62; Comprehensive Plan Policies 1, 2, 4, 5, 7, 8, and 12; Statewide Planning Goals 9 and 12. ZONE: I-P (Industrial Park) The I-P zoning allows public agency administrative services, public support facilities, professional and administrative services, financial, insurance, and real estate services, business support services, manufacturing of finished products, packaging and processing, wholesale, storage and distribution among other uses. Interim City Administrator Monahan advised the proposed ordinance reflected Council's decision to accept the recommendation of the Planning Commission, and agreed that the application met the criteria for a Comprehensive Plan Amendment. Additional findings have been incorporated into the Final Order. CITY COUNCIL MEETING MINUTES - OCTOBER 25, 1994 - PAGE 3 Motion by Councilor Hunt, seconded by Councilor Scheckla, to adopt Ordinance No. 54-24. ORDINANCE NO. 54-24 - AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A COMPREHENSIVE PLAN AMENDMENT AND ZONING MAP AMENDMENT REQUESTED BY REMBOLD TRUST, INC. Motion was approved by unanimous vote of Council present. (Mayor Schwartz and Councilors Hawley, Hunt, and Scheckla voted 'Yes.') 6. METRO GREENSPACES - APPROVE PRIORITY LIST OF PROJECTS IN THE TIGA.RD AREA (Continued from the October 11, 1994 Council Meeting) Interim City Administrator Monahan advised this item was set over in order to allow time for Mayor Schwartz to check with area Mayors as to how their cities are making decisions on the request from Metro to prioritize projects on the Greenspaces bond measure. Mayor Schwartz advised the Mayors had met; however, their agenda was exclusively devoted to discussion of 2040 and there was no opportunity to bring this issue before them. Duane Roberts, Associate Planner, advised the options before Council were to submit a priority list to Metro which would mean that Tigard would be in a position to receive over $755,000 if the bond measure passed. The other option would be not to submit any projects to Metro. Mr. Roberts advised that all other jurisdictions have passed this resolution, with the exception of the City of Cornelius, which decided against passage. Durham had not yet considered the resolution. Mayor Schwartz asked if this would be used by Metro as an endorsement by the cities. Interim City Administrator Monahan explained that the objective of the resolution is to identify projects without making a commitment to final projects at this time. How Metro determines to use the information received was out of the control of the City. After discussion, Council decided to add a "Whereas clause" to the resolution, stating that the Tigard City Council's approval of the resolution, should not be construed as an endorsement or opposition to the Greenspaces bond measure. In addition, the list of local Greenspaces project attached to the resolution was amended to note that Item No. 2 would be for the acquisition of 7.5 acres of forest land located within the city limits of Tigard for a passive park. CITY COUNCIL MEETING MINUTES - OCTOBER 25,19-94 - PAGE 4 MANOR 1 1111111111 Councilor Hawley noted the amount of money received back by Tigard would be less than what Tigard area residents would be paying for the Greenspaces, if the bond measure passed. She noted this is a regional vote and Council, rather than endorsing'or opposing, decided that the voters should determine whether or not to endorse or oppose the Greenspaces resolution. Motion by Councilor Hunt, seconded by Councilor Hawley, to approve Resolution No. 94-47, as amended. Councilor Scheckla requested clarification to assure that such approval would not amount to an endorsement of the bond measure and that the listing of the projects would be general enough that Tigard would not be tied to specific projects. After discussion, motion was approved by unanimous vote of Council present. (Mayor Schwartz and Councilors Hawley, Hunt, and Scheckla voted "yes.") 7. CONSIDER THE AWARD OF SCHOLARSHIPS TO THE TIGARD AREA CHAMBER OF COMMERCE LEADERSHIP SEMINAR Council consensus was to award the scholarships to the Tigard residents in order of date received. Seven scholarship applications had been received for the five available scholarships. If in the event one of the five Tigard residents did not decide to participate, the scholarship would then be given to the one remaining Tigard resident, and then to the urban planning area resident who had applied. There was a notation by Councilor Scheckla that he hoped there were other civic organizations which may be able to fund these two people who had not received a scholarship. Motion by Councilor Hawley, seconded by Councilor Hunt, to fund five Tigard residents in order of date of submittal (Christine Chitsaz, Christy Herr, Steve Slabaugh, Bonnie Haiferty, and Jean Sandwick.) Should any of these five drop out a and not wish to attend the seminar, then a scholarship would go to John McMillan III, and then Maria Pfeiffer. Motion was approved by unanimous *vote of Council present. (Mayor Schwartz and Councilors Hawley, Hunt, and Scheckla voted "yes.") 8. NON-AGENDA ITEMS Consideration of Consent Agenda Item 4.3 - Councilor Hunt noted he would not be able to support the proposal for applications for delegation of electrical program, because he did not approve an electrical inspector at the time of the budget consideration. Councilor Scheckla advised he also had concerns similar to Councilor Hunt. Discussion followed. It was noted by Councilor Hawley that she would recommend approval be given to this resolution because it would mean CITY COUNCIL MEETING MINUTES - OCTOBER 25, 1994 - PAGE 5 r an electrical Inspection could be done locally rather than requesting the service from Washington County. Mayor Schwartz advised this would also mean any citizen of the City of Tigard would be able to receive this service from the City of Tigard. In addition, Mayor Schwartz noted revenues are anticipated to be $212,000, with $125,000 in expenditures. Staff answered questions from Councilor Scheckla, clarifying the expenses of the addition of the staff person, and how this would be tracked. Mayor Schwartz and City staff clarified several issues for Councilor Scheckla, including the fact that this must be tracked separately (enterprise fund). Information can be made available on expenditures and revenues. Councilor Scheckla was concerned about protection in the long run so that if it became an expensive program for the City, it could be stopped. Interim City Administrator Monahan advised this would be monitored and if at some point the electrical inspections were not needed, then that staff person's time could be reviewed to combine other responsibilities with his or her position, or to perhaps look at working with other jurisdictions to perform electrical inspections. Another option may be to set funds aside during growth years so that funds would be available in future years, if there should be a downturn. Motion by Councilor Hawley, seconded by Councilor Scheckla, to approve Resolution No. 94-48. Motion was approved by a majority vote of Council present. (Mayor Schwartz and Councilors Hawley and Scheckla voted "yes,"; Councilor Hunt voted "no.") Update on Water Issues - Interim City Administrator Monahan and Maintenance Services Director Wegner responded to Councilor Hunt's request for update. Councilor Hunt advised he was under the impression that the Lake Oswego and Tigard City Councils would be getting together to talk about long-range water issues. Interim City Administrator Monahan gave some background on the issues. He noted that at the joint Lake Oswego/Tigard meeting on September 13, 1994, Mayor Schlenker noted that the Lake Oswego City Council was enthusiastic about meeting with Tigard on long-range water issues. Lake Oswego has further discussed the issue and suggested the cities deal staff- to-staff at first. At a future time, there will be a discussion scheduled with the City Councils. Lake Oswego City Council also noted they want their City Manager to be involved in the staff discussions. The Tigard staff was expecting a draft contract from Lake Oswego. Interim City Administrator Monahan advised he had talked with Lake Oswego City Manager Doug Schmitz and that a draft was nearing completion for Tigard staffs review from their attorney, Mr. Jack Hammond. It is CITY COUNCIL MEETING MINUTES - OCTOBER 25, 1994 - PAGE 6 Mill Mr. Monahan's understanding that a contract was being drawn up as a starting point for discussion and was in no way their final offer, but rather a "first cut." Maintenance Services Director Wegner advised there was going to be a Tualatin Valley Water District meeting on November 15. Neither Interim City Administrator Monahan nor Mr. Wegner will be able to attend this meeting; however, staff plus Murray, Smith (consultants for Tigard) will attend the meeting. Maintenance Services Director Wagner advised that staff will be preparing an update to City Council on the first meeting of the month to recap work done on the water supply. Mr. Wegner advised that last Thursday the Tigard Water District approved the division of assets. Now all entities, Tigard, King City, Durham and Tigard Water District, have approved the division of assets. The final draft of the division of assets will be provided to each entity within the next few days. Mayor Schwartz thanked the staff for being able to respond so well on this non- agenda item, and advised he felt they were well informed. interim City Administrator Monahan advised that a Council Calendar and Tentative Agenda had been placed in Council's packet for the November 1 meeting. He asked that Council review the schedule of meetings for November and December, and advise staff if they had a preference of meeting dates. Adjournment: 5:58 p.m. Attest: Catherine Wheatley, City Recorder M r, City of Tigard Date: t ! r mn1025.94 CITY COUNCIL MEETING MINUTES - OCTOBER 25, 1994 - PAGE 7 COMMUNITY NEWSPAPERS, I NC. Legal P.O. BOX 370 PHONE (503) 684-0360 Notice TT 8028 BEAVERTON, OREGON 97075 RECEIVED Legal Notice Advertising eCity of Tigard a 13 Tearsheet Notice 199Li 13125 SW Hall Blvd. ialY OF TIGARD aTiga rd , Oregon 9 7 2 2 3 e ❑ Duplicate Affidavit AFFIDAVIT OF PUBLICATION STATE OF OREGON, 3[li ~~~~a COUNTY OF WASHINGTON, )ss. 3Clffi c t I, Kathy Snyder" being first duly sworn, depose and sax that I am the Advertising vo ec. rc7a a Director, or his principal clerk, of theT~c and-Tua 1 a in T, mes a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at ` i Ja Y'd in the 99:9 'ia b° aforesaid county and state; that the City Council Business Mtg. a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ONE successive and consecutive in the following issues: October 20,1994 Subscribed and sworn to ore me thi 114-11 clay of O _ obe , 3 i"9-~-~ - ,t x' CFF!,.,IAL SEAL k ROSIN A. BURGESS r NOTAFY PUBLIC - OREGON Nota biic for Oregon, COh":,•,;I55i0N NO. 024552 "I COMI I,'z.ii0h! E:?PiRES IM 16. i:an7 My Commission Expires: AFFIDAVIT ,s I The follov✓eng;ESteetat hYglelYgt~ts a published fm forntadon; Felt . agezedas tray t O crab Ya r saa tIYC City Ii ecorder9`"13125' SM. HAI . '$oYtflevsrd, Tim, C2s'gora3>tl~y callln.639-#171 f'T"R'Y C'QZJNCTi. BXJSINEss 1Vi~ETIIIT~ OG"fOEZR 25x1994 T,IGARD MTHALL 'FOB FiAL L 13125S W HAIL BPt?I;I:`tl~Rl3 "I'~GARI3: ®12FGON Studg,& on (Town`HAII Conlerence`Roont),(6 30 pi6.j 18Ea cii&6 Session: The Tigard Y. Council may go into Execueive Sesstan under the`pra~visimns of ORS 192;660 (1) (d); f( io discuss lalbor, relations, redl progeny transactions; current and petlsl ' Ing hu,p" , ic,n Issues 'lends aRCgaew IifFYSH6FE'SS ~eetiil~ I'Ialq, ('7 p.r[Y) i ' ® Proclamation. D661a're Qctohe •,27, 1994,'as 'Turn Off the Violence > ay~ p Special Resolution Endorsing the efforits of the National League of CYaes:amd supports worYng wPEta I`'LI.t. Eo fully infornrr cYtazens• a>DoYFt the auFn~iac~ol'federal rcYaiidates orr ottrg~vernment as•d ttie r.: .poclcethoa~s 7four citizens: , ; ' o CouY}call I)~scussYon and ConsQaeratian . -'`Hard S;rhola~sltYps - Es re3h~r QE CorYYYnerce Lcaderstiip SemuFSr, , lUletro ~ireenspaces Approve Priority LYSt of Projects in. the Tigar, Approve Final rde CuartpreY,cns~ve i?lan .e n Yrtendmet CPA. 94-0003/2dhl 94 000 , ReanboldTfist; Tnc:;.( '66dtion: 10115 ;S W Cascade;~TYgard;..OregotY) CFZaJYprehpnsYVe Plan Map, , ohange fmm Light lndusegial•to'General:Commeicial and a,zoning. . chat ge;ftorn:.lfndustrial Park to,Generai Cd inercial: > r p r,. 7y u _F s, i. ..x _ fr a;tii { t • CITY OF TIGAR®, OREGON AFFIDAVIT' OF POSTING In the Matter of the Proposed STATE OF OREGON ) County of Washington ss City of Tigard ) I, aLAeukx dE,U being first du sworn, on oath depose i and say: That I posted in the following public and Z70p icuous places a copy of Notice of Special Meeting for the Council Meeting dated aSd a copy %F said notice being hereto attached and by reference made a part hereof on the day of -e24Adb-a2_ 199 44 ~lc~~,d ~l-moo Subscribed and sworn to before me this day of dc. . 1~ (Votary Public for Oregon My Commission expires: l9 OFFICIAL SEAL MJOANN HAYES `c NOTARY PUBLIC-OREGON COMMISSION NO. 006513 h:01ogin\qsthy & t 1 NIY OakSMISSION EXPIRES MAY 5, 1995 ,.3mm_ MA IN Notice of Special Council Meeting October 25, 1994 - 5:30 p.m. Notice is hereby given that a special Council meeting will be held at the Tigard City Hall, Town Hall Conference Room, 13125 S.W. Hall Boulevard, Tigard Oregon, at 5:30 p.m. on Tuesday, October 25, 1994. (This meeting will be held just prior to the regular Council Study session which will begin at 6:30 p.m.) Council will be meeting in an Executive Session under the provisions of ORS 192.660 (1) (a), and (f) to discuss employment of public officers & employees, and exempt public records. Catherine Wheatley, City Re o der Ovi aL/ H:\togin\cathy\notice10.941 1 1111112 r MEN= ;k' TS T 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 d say: That I posted in the following public and conspicuous places, a copy of Ordinance Number (s) 4 -'Q which were adopted at the CL4 F ouncil Meeting dated S I q copy(s) of said ordinance(s) being hereto attached and by reference made a part hereof, on the _ day of 194 1. Tigard Civic Center, 13125 SW Hall Blvd., Tigard, Oregon 2. West One 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 Subscribed and sworn to before me this day of OFFICIAL SEAL N bGc for Oregon . M.JOANN HAYES NOTARY PUBLIC-OREGON CONWSS10N NO. 006513 My Commission Expires: MY COMMISSION EXPIkES MAY 6, 1995 1 :i 1og1ny0\84{post 10 CITY OF TIGARD, OREGON ORDINANCE NO. 94- AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A COMPREHENSIVE PLAN AMENDMENT AND ZONING MAP AMENDMENT REQUESTED BY REMBOLD TRUSTS, INC.. WHEREAS, the applicant has requested a Comprehensive Plan Amendment from Light Industrial to General Commercial and a Zone Change Amendment from I-P (Industrial Park) to C-G (General Commercial) for a 7.76 acre parcel (WCTM 1S1 35BB, tax lot 500) and a 2.15 acre parcel (WCTM 1S1 35BB, tax lot 300); and WHEREAS, the Planning Commission held a public hearing on August 22, 1994 and concurred with the Planning Division's recommendation for approval; and WHEREAS, the Tigard City Council held a public hearing September 27, 1994 to review the applicants proposal, the staff report, the Planning Commission recommendation and to recieve public testimony; THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The proposal is consistent with all relevant criteria based upon the facts, findings, and conclusions noted in the attached final 40 order and map, identified as Exhibit A. SECTION 2: The City Council concurs with the Planning Commission and staff recommendations and approves the request to redesignate the parcels illustrated on the attached map (Exhibit A) with a Comprehensive Plan designation of General Commercial and C-G (General Commercial) zoning. 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 U 1lan)r"'Ous vote of all Council members present after being read by number and title only, this 'L day of A, lY 1994. 2~.e Catherine Wheatley, Cit Recorder APPROVED: This 0 day of 199 . n n JTo chwartz, Mayor 17 ORDINANCE No. 94- Page 1 Approved as to forms 'ty Attorn Date ORDINANCE No. 94-CNIC 7T 2 LOS EXHIBIT "A" CITY OF TIGARD CITY COUNCIL FINAL ORDER A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS WITH REGARD TO AN APPLICATION FOR A COMPREHENSIVE PLAN AMENDMENT AND ZONE CHANGE APPLICATIONS REQUESTED BY REMBOLD TRUSTS, INC.. The Tigard City Council reviewed the application below at a public hearing on September 27, 1994. The City Council approves the request. The Council has based its decision on the facts, findings and conclusions noted below, and the findings, submitted by the applicant, as attached. A. FACTS 1. Gen ral Information CASE: Comprehensive Plan Amendment CPA 94-0003 / Zone Change ZON 94-0005 REQUEST: A request for approval of a Comprehensive Plan Amendment from Light industrial to General Commercial and a Zone Change from I-P (Industrial Park) to C-G (General Commercial). APPLICANT: Rembold Trusts, Inc 1022 SW Salmon, Suite 450 Portland, OR 97204 OWNERS: Thomas Holce Portland General Electric 109 N Lotus Beach Drive 121 SW Salmon Street Portland, OR 97217 Portland, OR 97204 REPRESENTATIVE: Michael C. Robinson Stoel Rives Boley Jones & Grey 900 SW Fifth Avenue, Suite 2300 Portland, OR 97204 LOCATION: 10075 SW Cascade Boulevard. (WCTM ZS1 35BB, tax lots 300 and 500). 2. Vicinity Information The subject site is located on the west side of SW Cascade Boulevard between SW Scholls Ferry Road and SW Greenburg Road. The properties adjacent to SW Scholls Ferry Road to the north are zoned C-G (General Commercial). Adjacent properties to the north, east, west and south are zoned I-P (Industrial Park). SW Cascade Boulevard is classified as a major collector street, SW Greenburg Road as a major collector and SW Scholls Ferry Road as an Arterial on the Comprehensive Plan Transportation map. Cascade Boulevard is developed with commercial type uses at the far north and south intersections with SW Scholls Ferry Road and SW Greenburg Road respectively. The northern commercial area contains Levitz Furniture, Toys R' Us and the Shane Company. The southern commercial area contains a gas station, furniture rental, convenience store and other small retail stores. The area also contains an Office Depot, Designer Choice Furniture and Beaverton Honda stores. The remaining lands are developed with industrial type uses or are vacant. .t [T=y 3. Back=ground Information STAFF REPORT - CPA 94-0003/ZON 94-0005 - Rembold Trusts, Inc. PAGE 1 NMI III fial 11151151112 ill! !!I OWN The subject site and the majority of the Cascade Boulevard Area was annexed into the City in June 1981. At that time, the zone was changed from Washington County M-1 (Industrial) to Tigard 14-4 (Industrial Park). No other land use applications have been filed with the City. On August 22, 1994 the Planning Commission conducted a public Hearing concerning this request and recommended that the City Council approve. this application subject to the findings within this report. 4. Site Information and Proposal Description This site contains 9.91 acres. It is located on the west side of Cascade Boulevard between Scholls Ferry Road and Greenburg Road. The Southern Pacific Railroad borders the site on the west. Two seperate ownerships comprise the site. Rembold Trusts, Inc. is the contract purchaser of Tax Lot 500, containing 7.76 acres. PGE owns tax lot 300, containing 2.15 acres. The PGE site contains an electrical substation. The substation would remain after the Comprehensive Plan map change and Zone Change. The Holce property contains a vacant industrial building, formerly the Sentrol building. The proposal is for an approval of a Comprehensive Plan Amendment from Light Industrial to Genera's Commercial and a Zone Change from I-P (Industrial Park) to C-G (General Commercial). The applicant's possible uses on this site include construction of a Smith's Home Furnishings store containing 60,000 square feet and a second specialty retail building containing another 60,000 square feet. 5. Agency Comments The Oregon Department of Transportation has reviewed the proposal and offers the following comments: MOT is requesting more information to address the following issues: 1) The traffic impact analysis report does not include long-range analysis of the transportation system's ability to accommodate the anticipated traffic. ODOT would like the applicant to provide information demonstrating the trip generation in the current zone compared to the proposed zone. This type of analysis is typically included in a traffic study for a comprehensive plan amendment and zone change application. 2) Because of the storage concerns, the applicant will need to address storage requirements for traffic turning onto Cascade Boulevard based on the proposed General commercial zoning compared to the present industrial zoning. The zone change is expected to increase the westbound left turn lane demand on Scholls Ferry Road at the Cascade Boulevard intersection. This increased traffic is of concern to ODOT since the storage space available for this flow of traffic is limited because of the intersection's proximity to the southbound ramp for Highway 217. If the amount of storage space is exceeded, the traffic could create safety and operational problems such as possible traffic back-ups onto Highway 217 ramp which is unacceptable to ODOT. The State Highway Division has reviewed this proposal and has offered the following comments: ODOT has two concerns regarding the Scholls/Cascade intersection that would be impacted by this develoment. First, the mitigation stated by the Kittleson Report may be difficult since moving both thru lanes to the right would not line up the thru movement and inhibits right turns on red. Secondly was their analysis of the signal isolated or did it include the Highway 217 southbound ramp STAFF REPORT - CPA 94-0003/ZON 94-0005 - Remboid Trusts, Inc. PAGE 2 VA 4 terminal signal? The proximity of these two signals are so close that they cannot be realistically analyzed independently. City of Tigard Building Division, City of Tigard Engineering Division, General Telephone and Electric, Portland General Electric, City of Beaverton, Tualatin Valley Fire and Rescue, have reviewed the application, and have offered no comments or objections. No other comments have been received. B. FINDINGS AND CONCLUSIONS The relevant approval criteria in this case are Comprehensive Plan Policies 1.1.2, 2.1.1, 4.2.1, 5.1.4, 7.1.2, 7.6.1, 8.1.1, 8.1.3 and 12.2.1 and Community Development Code Sections 18.22.040 (A), and 18.62. Section 18.22.040 sets forth the standards and procedures for amendments to the Zoning Map as follows: A. A recommendation or a decision to approve, approve with conditions or to deny an application for a quasi-judicial amendment shall be based on all of the following standards: 1. The applicable comprehensive plan policies and map designation and; the change will not adversely affect the health, safety and welfare of the community; The following are the applicable Comprehensive Plan Policies related to this request. The application's relationship to the applicable criteria is reviewed below each policy: Plan Policy 1.1.2 requires that in order to approve a quasi-judicial amendment to the Plan, the City must find that the change is consistent with applicable plan policies, that a change of physical circumstances has occurred since the original designation, or there is evidence of a change in the neighborhood or community which affects the subject parcel(s). Alternatively, the City must find that a mistake was made in the original designation (Policy 1.1.2, implementation Strategy 2; Community Development Code Section 18.22.040 (A)). This Policy is addressed under 18.22.040(A) criteria 4. Plan Policy 2.1.1 states that the City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. This policy is satisfied as the applicant conducted a neighborhood meeting on May 23, 1994. The East Citizen Involvement Team (CIT's) Representative was also notified of this meeting. Notice of Public Hearings have been advertised in a paper of local circulation and notice of a land use action has been posted on the property. Plan Policy 4.2.1 states that all development within the Tigard Urban Planning area shall comply with applicable Federal, State and Regional mater quality standards. This policy is satisfied as the site is already developed. Building and site improvements were reviewed for compliance with applicable federal, state and regional water quality standards in effect at the time of development. The proposed redesignation would not, by itself, affect compliance with this plan policy. However, the proposed redesignation of the site for General Commercial use will likely result in building and site STAFF REPORT - CPA 94-0003/ZON 94-0005 - Rembold Trusts, Inc. PAGE 3 :1 11 BOOM I modifications. The applicant is proposing to construct two 60,000 square foot buildings. The applicant's proposal shall require a Site Development Review approval. Compliance with water quality standards is one of the approval criteria. Therefore, any proposed development shall comply with Federal, State and Regional water quality standards. Plan Policy 5.1.4 states that the City shall ensure that new connercial and industrial development shall not encroach into residential areas that have not been designated for commercial uses. This Plan policy is satisfied because the subject property is not located within or adjacent to a designated residential area. Plan Policy 7.1.2 states that an a pre-condition to development that: A) Development coincide with the availability of adequate service capacity for public water, newer and storm drainages B) The facilities are capable of serving intervening properties and the proposed development and are designed to City standards; and C) All new development utilities be placed underground. This policy has been satisfied because the subject property is currently served with urban services, including water, sanitary and storm sewer. This site is already developed and is not within the boundaries of the 100-year floodplain or a designated area of ground instability. Additionally, all service providers have had the opportunity to comment on this application and have offered no comments or objections. The requested amendment will likely result in the construction of two new buildings. Service providers will have a further opportunity for review as part of the Site Development Review application. Plan Policy 7.6.1 states that the City shall require as a pre- condition to development that: the development be served by a water system having adequate water pressure for fire protection purposes; shall not reduce the crater pressure in the area below a level adequate for fire protection purposes; and the applicable fire district review all applications. The proposed redesignation would not, by itself, affect compliance with this plan policy. The Tualatin Halley Fire District and Tualatin Valley Water District have reviewed this proposal and have offered no comments or objections. Proposed future buildings shall be reviewed by these agencies for compliance with these requirements. Plan Policy 6.1.1 states that the City shall plan for a safe and efficient street and roadway system that meets current needs and anticipated future growth and development. This policy is satisfied because this property fronts SW Cascade Boulevard, a major collector, which abuts a State Highway (Highway 210, SW Scholls Ferry Road) and SW Greenburg Road, a major collector. The applicants have submitted a report evaluating the traffic impacts of the proposed development under current and proposed zoning. The report concludes that the potential traffic impacts of development under the proposed zoning are not significantly greater than those of potential development under the current zoning. The proposed change can be accommodated while still maintaining acceptable levels of traffic operations and safety on the surrounding street system. While the City of Tigard Engineering Department has accepted the conclusions of the traffic report, the applicant will have to address the concerns expressed by the Oregon Department of Transportation. Plan Policy 8.1.3 states that as a precondition of development that: development abut a publicly dedicated street; street right of way be STAFF REPORT - CPA 94-0003/ZON 94-0005 - Rembold Trusts, Inc. PAGE 4 dedicated where the street is substandard in width; developer commit to construction of street improvements to City standards to the extent of the development's impacts; parking spaces be not aside and marked for care operated by disabled persons. This policy will be satisfied as a condition of approval of any future development or redevelopment on the site, Completion of any necessary street improvements along the site's frontages and/or parking lot modifications would be required to be installed by the developer at the time of such development or redevelopment. The Engineering Division and affected reviewing agencies will review any future development proposals for the site. Plan Policy 12,2.1 02 lists the locational criteria for General Commercial zones. The applicable locational criteria specified in Chapter la of the Comprehensive Plan are the following: a. Spacing and locational criteria require that the commercial area shall not be surrounded by residential districts on more than two sides. This site is not adjacent to a residential zoning district on any side. b. Site access criteria require: 1) the proposed area shall not create traffic congestion or traffic safety problems; 2) the site shall have direct access from a major collector or arterial street; and 3) public transportation shall be available to the site. This site does have access to a Major Collector Street. Public transportation is available on SW Scholls Ferry Road and SW Greenburg Road. The traffic study demonstrates that the proposal will not create congestion or traffic safety problems. The Oregon Department of Transportation has expressed concerns related to storage capacity. The applicant will have to address these concerns as requested by Oregon Department of Transportation. C. Locational criteria also requires that the site be of a size which can accommodate projected uses and that the site possess high visibility. This criterion is satisfied for the 9.91 acre site. The existing building and site improvements, as well as proposed buildings can adequately accommodate a variety of uses permitted within the C-G (General Commercial) zoning district. This site is also highly visible from adjoining roadway and state highways. d. Impact Assessment is determined by addressing the following criteria: 1) the scale of the project shall be compatible with the surrounding uses; 2) the site configurations shall be such that the privacy of adjacent non-commercial uses can be maintained; 3) it shall be possible to incorporate unique site features into the site design and development plan; and 4) the associated lights, noise and activities shall not interfere with adjoining non-commercial uses. This Plan policy is satisfied because the impact to the surrounding land uses is determined to be negligible. The scale of the present development as well as the proposed development on this • site is compatible with the surrounding uses. There are no residential zoning districts adjacent to this site. The site is presently STAFF REPORT - CPA 94-0003/ZON 94=0005 - Rembold Trusts, Inc. PAGE 5 NEE MEN=:, developed and does not possess unique site features. Off-site impacts should not interfere with adjoining industrial uses. 2. The statewide planning goal® adopted under Oregon Revised Statues Chapter 197, until acknowledgement of the comprehensive plan and ordinances. The Comprehensive Plan has been acknowledged. Each amendment to the plan is provided to the appropriate State Agencies for review. Notice of filing of this application has been provided to the State Department of Land Conservation and Development for comment more than 45 days prior to the final hearing on this application as required under State of Oregon Administrative Rule 660-18-020. 3. The applicable standards of any provision of this code or other applicable implementing ordinance. Code Section 18.62 (General Commercial) contains the standards for the General Commercial zone. The subject. site meets these requirements in that the minimum lot width is greater than 5o feet and the existing structure does not exceed 45 feet in height. Additionally, the proposed development will require a site development review and will be reviewed for compliance with C-G standards. 4. Evidence of change in the neighborhood or community or a mistake or inconsistency in the comprehensive plan or zoning map an it relates to the property which is the subject of the development application. (Ord. 89-06; Ord. 83-52) The applicant's Supplemental justification submittal presents evidence of a change in the neighborhood. This evidence includes the following: Past land use decisions have recognized the need for and support of commercial zoning designations; The majority of uses are retail or service and not industrial; Market demand in the area is for retail use; The existing Sentrol building is no longer needed for industrial use because it underutilizes the site; and that transportation changes have occured in the area. The applicant's evidence of mistake in the Comprehensive Alan and Zoning Map include: The area does not meet the purpose of the I-P zone as described in the Community Development Code; Property vacant in 1987 is still vacant seven years later, indicating that the zoning is a mistake because it has discouraged development of vacant properties; Rail access is not important to this area; Industrial land protection is not needed, as the I-P allows numerous commercial uses; The area has not developed in accordance with the intent of the I-P zone; and that the original City.designations are not justified. The applicant concludes that the original comprehensive plan and zoning map designations on this site are mistaken because they are not required by the Tigard Comprehensive Plan nor do they reflect the development pattern in this area. The applicant also states that because of the land use and transportation changes that have occured in the area since annexation, because there is no strong policy justification for I-P zoning on this site and because the area cannot fit the I-P characteristics, this request should be approved. Evidence of ChaMe in the Neighborhood. The applicant states that past land use decisions recognize the need for commercial zoning and that several zone changes since the site's annexation have reduced the I-P zoned area to the lots along the middle part of Cascade Boulevard. The applicant cites ZC 16-80 (Levitz/Toy's R' Us), CPA 91-04/ZON 91-07 (Shane Co.) and SDR 92-06. 92-13. and 94-05 (Beaverton Honda) as examples of change in the neighborhood. A small area near the Cascade Boulevard/Greenburg Road intersection is and has been zoned commercial since its annexation to Tigard in 1972. With this STAFF REPORT - CPA 94-0003/ZON 94-0005 - Rembold Trusts, Inc. PAGE 6 INN= exception, the Cascade area has historically been zoned industrial. The bulk of the Area was annexed to the City of Tigard in June 1981. At the time of the annexation, the zone was changed from Washington County M-1 (Industrial) to Tigard M-4 (Industrial Park). A Council finding of that annexation states: "The territory is substantially developed with industrial uses. There are some vacant lands suitable for industrial development". in July 1931, immediately following annexation, Portland Chain/Toys R' Us was granted a zone change from.M-4 to C-3 (Commercial General), for property located at the far north and west part of the Cascade Area. The City staff report to the Planning Commission stated that Cascade Avenue is a well established industrial zone and will not eventually go commercial. The report noted that Staff would not have made an approval recommendation had the applicant proposed a greater number of retail outlets instead of the large furniture warehouse with a retail outlet proposed at that time. In 1986, the Planning Commission and City Council denied an application to change the allowable uses in the I-P zone to allow, in part, retail use on I-P property. This property is located across the street from the parcel involved in this application request. Staff had discouraged a zone change on the property and so recommended a zone Ordinance Amendment. Planning Commission minutes record that Staff felt the entire area should be evaluated rather than changing the zoning on this one piece of property. The City Council requested that City staff conduct a study to determine if this area should remain zoned I-P or if the area would be more appropriately rezoned C-G. The 1987 Cascade Area Study was prepared as a result of this request. In summary, this report concluded that there was no compelling reason to change the zoning designation within the Cascade Area. In 1991, a zone change (CPA 91-0004/ ZON 94-0007) was granted from I-P to C-G for the 1.1 acre parcel (Times Building) north of Cascade Boulevard at its intersection with Scholls Ferry Road. This property was annexed into Tigard in October 1985. Upon annexation, the property was rezoned from Washington County M-1 (industrial) to Tigard I-P. A mistake was found to have been made in the industrial designation because the I-P zoning constituted an industrial "island". In 1992, approval of SDR 92-0006, 92-0013 was granted on property across the street from applicant's property. The 1992 approval allowed the conversion of the former Power Rents building to be used as a motorcycle and lawn equipment sales facility, with subsequent expansion for warehous space. This use is classified in Section 18.68.030(A) (2) (b) as Automobile and Equipment: Sales and Rental, light equipment and is a permitted use in the I-P zoning district. in 1994 an approval was granted SDR 94-0005 for an expansion for warehouse space and a showroom. Considerations/Concerns/Evaluation 1. The evidence for a change in circumstance is not very strong. The 1981 zone change (ZC 16-80) waa granted but with a reference that the Cascade area would not be converted to commercial. The report also noted that Staff would not have made an approval recommendation had the applicant proposed a greater number of retail outlets instead of the large furniture warehouse with a retail outlet proposed at that time. The only other change was the 1991 zone change (CPA. 91-04/ZON 91-07). The applicant, in quoting the 1991 staff report, points out that "when the subject site was annexed into the City, the site was given Tigard zoning designation which most closely matched the original Washington County designation. However, the effect of the previous 8.23 acre zone change from I-P to C-G, which occured in 1980, is STAFF REPORT - CPA 94-0003/ZON 94-000S - Rembold Trusts, Inc. PAGE 7 mil 111 1 that a land use pattern had been created whereby the newly zoned subject site would not fit the existing land use pattern. In effect, an I-P island surrounded by commercial uses had been created. It appears that the C-G designation would have been _j more a2p.ronriatg designation when the property initially- recieved a city 20ne.a it should be pointed out that the 1991 report also states "the applicant states that several changes in physical circumstances have occured since Washington County originally applied an industrial designation to the subject property. Staff recognizes one such physical change on this site. With the approval of ZC 16-80 (Levitz/Toys R' Us), the subject property was left as an "island" of I-P land surrounded by arterials and commercial zoning. Approval of CPA 9q-03 would create an island of C-G. The conclusion of CPA 91- 04 was that there was a change in the neighborhood and that a mistake was made in the zoning designation. The change was caused by the zone change in 1981 and the mistake was creating an I-P island surrounded by C-G. The reasoning and justification that applied to the I-P "island" does not directly apply to the application presently under consideration. 2. It would appear that the City is facing a similiar decision as it did in 1986, when it denied a zone ordinance Amendment. The application in 1986 was in part for permitting a general retail use on an I-P property. The City determined at that time that a closer examination was needed in order to determine the most appropriate zoning for the Cascade Area. The 1987 Cascade study concluded that with the exception of a small area presently and historically zoned commercial, the records clearly show that this area was consistently zoned industrial. Records of past decisions affecting zoning within the Cascade Area show that there was a desire to maintain this area for industrial uses. The properties that have been changed to a commercial zone are located near either Greenburg Road or Scholls Ferry Road. Many comments made during hearings for these zone changes indicate that a commercial zone designation was appropriate only for the particular site in question, not for the entire area. While suitable expansion of commercial areas can be beneficial, retention of established industrial uses is also very important. The results of the 1987 study showed no compelling reason to change the zoning designation within the Cascade Area at that time. 3. Approval of the subject zone change would create a C-G "island" surrounded by I-P zoning. Such a zone change would be creating a similiar situation that the 1991 zone change CPA 91-0004 (Times Building) tried to correct. If CPA 94-03 is approved, there is little reason not to approve the whole area for commercial. Approval of this zone change would certainly open the door for further zone changes to commercial. If the arguement can be made for the CPA 94-03 property, it can be made for all the remaining I-P property along Cascade Boulevard. There would be little remaining justification to continue I-P zoning for the Cascade Area. Past land use decisions discussed and the 1987 study indicated the industrial nature of this area. The industrial potential of this area could be lost through piecemeal changes in zoning. The applicants proposed change should occur only with a policy decision that the I-P zone in this area is no longer needed and the whole area would be more appropriately zoned commercial. 5. The applicant states in the supplemental application that the area is not appropriate for the I-P or industrial designations and that industrial land protection is not needed. The applicant points to STAFF REPORT - CPA 94-0003/ZON 94-0005 - Rembold Trusts, Inc. PAGE 8 i 11 » q, T: I the fact that the area has not developed as the I-P zone intended and that many of the allowed uses in the I-P zone are commercial in nature. The applicant also implies that there is not that great.a, difference between the C-G and I-P zone. The applicant notes that the I-P zone lists 24 permitted commercial uses. The I-P zone does allow 24 commercial uses as defined by Commercial Use Types. Of those 24 use types, only 5 are essentially retail in nature. The I-P zone allows for general retail but limits these uses to 20t of the development complex. While the building character and function of these retail type buildings may be similiar to some industrial uses, staff believes also there is a need to retain an inventory of industrial land. The question is whether it should be retained here. The Tigard Database 1994 provided updated information concerning acres of vacant land by zoning classification. This inventory identifies 434 total acres of General Commercial and 448 acres of Industrial Park. Of that, vacant lands constitute 114 acres of C-G with 150 vacant acres of I-P. There are approximately'40.95 acres zoned I-P in the Cascade area, with approximately 3.5 acres of vacant land. An inventory of buildable vacant I-P lands identified approximately 85 acres of buildable I-P lands available in the City. The applicant contends that while the Comprehensive Plan acknowledges that a "core problem" facing the City is lack of buildable land designated for industrial use, vacant buildable land must be appropriately located. The applicant states that in this case, the best evidence demostrates that the site is more suitable for commercial development than for industrial park development. The site is relatively small (less than 10 acres) and is near commercial uses on the north and south ends of Cascade Boulevard. The development trend in this area appears to be away from industrial uses and towards commercial uses. Staff recognizes that some change in uses have occured in the area, particularly Office Depot and Designer Choice Furniture locating across the street on Cascade Boulevard. whether these changes are significant enough to justify a change in the zone from Industrial to General Commercial is open to question. The issue before the City Council is whether or not the area along Cascade Boulevard should be Industrial or Commercial. if the propsed change is made, it should be made with the notion that the entire area should be commercial and the present zoning is outmoded for this area. C. DECISION The City Council approves the requested Comprehensive Plan Amendment for Washington County Tax Map properties 1S1 35BB, tax lots 300 and 500 from Light Industrial to General Commercial and a Zone Change from I-P (Industrial Park) to C-G (General Commercial). The City Council finds that the change will promote the general welfare of the City and will not be significantly detrimental or injurious to surrounding land uses. It is further ordered that the applicant and parties to these proceedings be notified of the entry of this order. STAFF REPORT - CPA 94-0003/ZON 94-0005 - Rembold Trusts, Inc. PAGE 9 SUPPYNTARY FINDINGS REGARDING TRAFFIC ISSUES FOR CPA 94-0003 AND ZON 94-0005 The staff report recommended limited approval of this request because the Oregon Department of Transportation District IIA office indicated a concern about the impact on state highways of the comprehensive plan map and zoning map change. Gary McNeel of~ODOT District IIA commented on July 12, 1994 to the City as follows: "ODOT has two concerns regarding the Scholls/Cascade intersection that will be impacted by the development. First, the mitigation stated by the Kittelson report may be difficult since moving both the lanes to the right would not line up the through movement and inhibit right turns on red. Secondly, was their analysis of the signal isolated or did it include the Oregon 217 southbound ramp terminal signal? The proximity of these two signals are so close that they cannot be realistically analyzed independently," The ODOT District IIA comment is in the record. Additionally, the ODOT Region I office submitted a letter dated August 2, 1994 raising several questions and issues. That letter is included in the record in this matter. The applicant responded to both letters. The City Council notes that the August 11, 1994 memorandum to Michael Robinson from Lee Rodegerdts of Kittelson & Associates indicated that the ODOT District IIA concerns had been resolved after a meeting with Mr. Rodegerdts. Subsequently, the applicant,submitted a memorandum to Mr. Rodegerdts from Gary McNeel of ODOT District IIA, dated August 12, 1994. The memorandum is in the record. The memorandum states: "In accordance with our meeting in your office August 11, 1994, ODOT is withdrawing the written comments submitted to the Tigard Planning Department in July of 1994. Our discussion included potential methods of re-striping both Cascade approaches in such a manner that through movements can line up. We also determined that the method of analysis used for the signals develop a reasonable picture of existing and proposed traffic conditions." PDX1-143927.1 23452 0001 1 110! • e Further, the City Council notes that the applicant submitted a supplemental memorandum from ODOT Region I, dated September 28, 1994, into the record. The memorandum is from Martin Gensvold, ODOT Region I Senior Transportation Analyst. His memorandum stated: "I have reviewed Kittelson's August 22, 1994 response to ODOT's concerns regarding the proposed rezone application. Kittelson addresses the issue of left-turn storage on Scholls Ferry Road satisfactorily. With regard to the long- term traffic forecast, the City determines Kittelson's response to be satisfactory, it's recommended ODOT not challenge it." The City Council notes that the record contains a memorandum from Randy Wooley, City Engineer, to Will D'Andrea, dated July 12, 1994, in which Mr. Wooley stated that the Engineering Department has no objections to the proposed zone change and that the Engineering Department accepted the conclusions of the Kittelson traffic report. Based on the above, the City Council finds that the applicant has adequately demonstrated resolution of concerns expressed by ODOT and that substantial evidence in the whole record demonstrates that neither ODOT nor the City are concerned about impacts from the request on city or state highways. t-•i"V it PDX1-143927.1 23452 0001 2 WEBB= A;.: (Limited to 2 minutes or less, please) 0 Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Administrator prior to the start of the meeting. Thank you. STAFF NAME & ADDRESS TOPIC CONTACTED og n o MM Y / t~ ' Cl~t+1Gi < A~en c~ a . PROC TION TURN OFF THE VIOLENCE DAY October 27, 1 994 WHEREAS, every day 15 children under the age of 19 are killed accidently or intentionally by gunfire, and many more are injured; WHEREAS, the violent death rate due to homicide, suicide, and accidents among youth ages 15 to 19 increased 13%a between 1985 and 1991 largely due to an almost 100% increase in the incident of teenage homicide victims; WHEREAS, 13% of students say they have carried a weapon to school at one time; WHEREAS, 23% of students say they have been the victim of violence in or around school; WHEREAS, the prevention of violence depends on the active and committed cooperation of the entire community; WHEREAS, community leaders must provide guidance to citizens in ways to prevent violence; NOW, THEREFORE BE IT RESOLVED THAT, I, John Schwartz, Mayor of the City of Tigard, Oregon, do hereby proclaim October 27, 1994 as TURN OFF THE VIOLENCE DAY By malting this proclamation we agree that on October 27 we will turn off violent television programs, not listen to violent music, not go to violent movies, not rent violent videos, and choose to solve problems in non-violent ways. Dated this day of .1994. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Tigard to be affixed. John Schwartz, Mayor City of Tigard Attest: City Recorder r: s CITY OF TIGARD OREGON RE , SOLUTION NO. 94-~,~ F fir; RESOLUTION ,OF' THE CITY OF TIGARD ENDORSING THE EFFORTS OF THE NATIONAL LEAGUE Off` :.CITIES' Iii AN EDUCATION AND INFORMATION CAMPAIGN TO INFORM CITIZENS "ABOUT THE IMPACT OF FEDERAL.2dANDATIES ON LOCAL' .GOVERN MOT YEF.EAS, unfunded' federal masAdates-'o state and local governments havo increased 1: n riificantly iri ?recent years; WHEititAS,.'federal magdates require. cities and towns to perform duties without consi eration of; local-:circumstances, costs, or capacity, and subject . Municipalities ,.tp civi'l or' criminal, penalties for noncompliance; 'WHEREAS; federal.anandaty;~s.require' :compliance regardless of other pressing local noeds nd'-priorities:";affecting-the health, welfaro, and,safety of municipal citi;~ens; WfIT-excessive federal burdens, on, local' governments force some combination h:Qrlocaltastes and fees and/or reduced' local services. on citizens and . oflocael higtaxpayers; WrIEREAS, €ecleral` mandates are too often inflexib2Q: one-size-fits-all' recxirements-•'that impose unrealistic time frames -and specify procedures or facilitiem`~there:;less costly. alternatives might be just as,offective; WHEREAS; existing mandates impose harsh pressures, on. local budgets and the feder'al>.governme,nt has'imposed a. freeze, upon funding to help compensate for any "new mandates; WHEREAS, the..cumulative'impact of `these; legislative and. regulatory actions directly, affect the' citizens: of our cities and towns; and WH-R ; the. National;League "of Cites, following up on last year's successful effort, ".-is'continuing'its " national,public,education campaign to help citizens ; understand and: then'reduce,.the''burden and inflexibility of unfunded' mandates, 1n6luciing a National Unfunded Mandates Week, October. 24,-30, 1994; NOW, "THEREFORE BE IT RESOLVED the the. City of Tigard endorsed the efforts of the National League'of'Cities and.supports_working with NLC to fully inform our citizens about :.the impact of federal' mandates on our government and the pocketbooks of our'. citizens; . - BE It FURTHER RESOLVED 'that the City of Tigard endorses organizing and participating in events during the.week of October 24-30, 1994; and finally BE IT FURTHER RESOLVED that the City of Tigard. resolves to continue our efforts to work with members of our"Congressional delegation to educate 'them about the impact;,of-federal mandates and actions necessary to reduce their burden on our citizens: This, day of 1994. Mayor City Pf Tigard : ATTEST: City...Recorder -City of Tigard RESOLUTION NO 94 MEMORANDUM y CITY OF TIGARD, OREGON ~3 y AGENDA ITEM # y~ TO: Bill Monahan FOR AGENDA OF D jlgq FROM: Carol A. Landsman DATE: October 17, 1994 SUBJECT: Region 2040 Update The Metro Council will act on the Region 2040 Recommended Growth Alternative on December 8,1994. Metro staff has submitted a set of RUGGO (Regional Urban Growth Goals and Objectives) amendments outlining a growth management plan for the region and a concept map that embodies general principles. This plan delineates proposed urban growth boundary area expansion and outlines urban form within the boundary. While the decision made in December will not directly affect Tigard, it will set into motion a process that will ultimately lead to mandated changes in the Tigard Comprehensive Plan. It is important that the Tigard City Council review this plan and comment. The Plan The recommended alternative would add a modest amount of land outside the urban growth boundary and accommodate growth inside the present urban growth boundary by using land more efficiently and utilizing smaller average lot sizes. This plan would accommodate 720,000 additional residents and 350,000 additional jobs. Metro staff highlights the following plan concepts in the Recommended Alternative Decision Kit. 0 The urban growth boundary (UGB) would be expanded by 14,500 acres during the 50-year period. Lands subject to future UGB expansion would be designated as urban reserves until the UGB expansion is warranted. ® The average lot size for new single-family homes regionwide would be 6,650 square feet, or 6.5 units per net acre. Y The ratio of single-family and multi-family in new development would be 62 percent to 38 percent (The current ratio is 70 percent single-family, 30 percent multi-family.) O 20 percent of the single-family market would be accommodated by rowhouses, duplexes or small-lot development. This housing type would mostly occur along transit corridors. ® The majority of housing would be in neighborhoods (52 percent); followed by corridors and station communities (33 percent), and city, regional and town centers (8 percent). , ® About 19,300 acres of currently developed land in the urban area would redevelop for more intensive uses. gis ® Open space would represent 34,000 of the 248,500 acres in the expanded UGE, or 14 percent of the urban land area. ® One-third of the buildable acres would allow mixed uses and two-thirds would remain in single-use categories such as residential or industrial. 0 The majority of new jobs (two-thirds) would be accommodated in centers or along corridors and main streets, which would be well served by transit. The industrial areas would provide land for about 10 percent of new jobs and employment areas would provide space for 14 percent of new jobs. Significantly, residential neighborhoods account for 15 percent of total jobs (this includes people working at home, child care, schools and small-scale commercial within neighborhoods), up from 11 percent currently. ® Land extensive and heavily auto-dependent commercial or industrial uses would be limited to employment areas and industrial areas rather that on corridors, centers or neighborhoods. How Would This Plan Affect Tigard? Two elements of the plan are particularly relevant to Tigard. The City Council will want to let Metro Council know if it disagrees with them. ` 1.) Washington Square area is designated as one of six regional centers. As a regional center it would be the focus of compact development, redevelopment and transit and highway improvements. Light rail would serve the Washington Square area. Density would increase to up to 50 units per acre or about 100 employees per acre for commercial development. The Metro report notes "Eventually these centers would grow to the density of downtown Washington, about one-third of downtown Portland's density, but three times denser than areas today." 2.) Downtown Tigard would receive a town center designation. Densities in this area would increase to those comparable with Hawthorn Street in SE Portland or those in downtown Hillsboro. "Town centers would provide local shopping and employment opportunities within a local market area." (Recommended Alternative Decision Kit). Under this plan Tigard's population and employment would increase significantly. ~'EA13 POPHII.ATTON EMPLOYMENT 1992 31,350 29,440 2040 49,750 40,930 While not specific only to Tigard, this plan will increase the residential density of presently undeveloped land. This will be accomplished through the use of apartments and townhouses, as well as smaller lots for single detached housing. The recommended average lot size for Tigard would be about 5,800 sf. Mgard's average lot size for houses built in the last 10 years is about 7,000 s£) In their analysis, Metro staff have determined the region has a surplus of industrial land. While part of this surplus may rest in the definition of industrial, this plan may call for use changes in vacant land presently zoned industrial. This might affect Tigard's present inventory of 190 acres of vacant industrial land. Will This Plan Mandate Changes in the Tigard Comprehensive Plan Tigard will not have to change its comprehensive plan in response to the Metro Council decision in December. In fact, it is not yet clear how final this decision will be since there is pressure for a preliminary decision. There may be room for modification as study continues. This decision, however, will be the first step in a process that will require changes to the comprehensive plan. Over the next two years, working cooperatively with the jurisdictions in the region, Metro will adopt functional plans with which Tigard must conform. At that time, Tigard will be required to change its plan and then its development code to conform with the comprehensive plan. Issues A 50 year growth plan for the entire region must, by definition, be a complex process based on a lot of assumptions that may or may not prove true. Metro has conducted extensive analysis in the areas of landuse, transportation, open space and infrastructure. At the October 19th Public Officials caucus Washington County staff presented the comments of Washington County planning directors regarding this plan. While the directors' recommendations generally supported the plan, they did identify concerns with the plan itself (see attached). The directors also identified concerns with the process. These included the recommendation that the Region 2040 Plan not be too specific to prevent further analysis and that it be flexible to acknowledge diversity across the region. One of the important factors in the 2040 process is the potential shift in how the region conducts planning and zoning. To make this regional plan work, Metro would have more control over how we zone Tigard. Metro might require mandatory minimum densities throughout the City or specify certain types of land use in certain areas. Metro staff promises a cooperative effort between itself and the affected jurisdictions. This cooperative effort seems essential if this plan will work. Another closely related issue is implementation; that is, hove do we get from here to there? Region 2040 is, after all, a 50 year plan. We must consider interim stages in the process, how successful they are and how the array of decisions affects individual jurisdictions as well as the entire region. For example, if growth is focused in one jurisdiction, but not another, how do we ensure equitable distribution of resources? Cost and efficiency certainly must be considered. Metro has yet to evaluate the Recommended Alternative in light of its social costs. In this era of limited resources it is important to choose a cost efficient and effective model of growth. For example, we must consider the trade-offs between types of transportation improvements to determine net benefits generated. Conclusion Region 2040 is a complex process and plan based on extensive technical research. The decisions made in the process will have a major impact on Tigard. Therefore, we must stay informed and involved. The City Council will want to review and comment on the decision to designate Washington Square a regional center and downtown a town center. hA1og1n\patty\c 2040.mem October 17, 1994 1111:1 lial! JI, 11:11 Ulm= PRELIMINARY DRAFT REGION 2040 -RECOMMENDED ALlEhimATIVE IDIRECTOR'S WASHINGTO REVINEW COMMENTSNG OCTOBER 13,1994 1w TON COUNTY DEPT. OF, AND USE & TRANSPORTA7N L SRI AL-r~RC~~.TgvE jor4 2040 - REC 0 REG ll ~ Of Grower~t W", the genera, . e are in ~described in the E~cec~tive 11 concepta- R ecorr~rnendation urban and r~ra1 disfnction between . iNe supp°~ the h~,si. placed on con'~ed ur~e lands si ze lands and the emp of rural raa$ural resO pro~ect►on Centers and reCo9 with strength~~°i~1~ Growth Concept \.Ne agree in the the important role they Play and ea~ploy We ~1ent cry ofi housing a support the m~~ ~ are ~ccessable to trans' compact areas that com9 pclobef ~ li'ilili!i~ii:liI:: 1 1 1 ~i 1 1 60 flow MONO MEN= REGION 2040 o RECOMMENDED ALTERNATIVE ouMMARY 0"'F u"ENERAL COMMENTS * Adopt the Growth Concept Map by Resolution Order ® Generalize the amount of land needed as Urban Reserves e Add Additional Areas as Urban Reserve Study Areas (Evergreen West Reef Bend/Elsner Road areas) ® Develop in Central/Eastern Washington County a transportation system and/or revised land use pattern that assures future mobility and a jobs/housing balance ® Develop Work Programs with realistic time frames for Urban Reserves - Regional Transportation Plan Update - Regional Framework Plan - Future Vision - Local Government Compliance Philosophy, process timing Descriptive Indicators & Monitoring Program Infrastructure Cost/Efficiency Analysis October 19 com oMA~VD~p OF ~E~eoN 204o p GENE"AL Cu SUM, etedl , ire tang tie conCept Mgdiiy aural Pleserves Itig corridor ~ r,,nbereen or 2020 VAouselhold ~ strategic 9 ~ X015 ast upon IDIarecasts ent on t ng Employm revisit GrO\J\At' ~ See'K COMjal m itr~►esar~d land use reqU►r and nenland System opp fog employ o~ri~oring to establish 2()40 oj Fkeg'o leek Commitment er~t and Frei IA~ ...,..~dnwm2 IBM y REGION 2040 o RECD EN E D AL`TERNAT'~vE a S" Ul M M' 'A' R Y 0" F '0 UO" 'E N E rR1 A L L.;Q U M HMN E a NLE T Em 4 ® Amend RUGGC's for Regional Center: indicating they will be diverse places each exhibiting their own characteristics and responding to varying markets and local needs ® Amend RUGGC's for Town Centers indicating that each will have different characteristics and that the Regional Framework Plan should reflect this in establishment of Town Center guidelines ® Amend RUGGC's for Corridors indicating that each will have different characteristics and that the Regional Framework Plan should reflect this in establishment of Corridor guidelines ® Amend RUGGC's to indicate that Industrial Areas be set aside for industrial uses and supportive nonresidential activities versus that they be set aside exclusively for Industrial activities October M41 neom3 s SEMI ApI GO' r ~o~oept tip 'rom the Umm ted ®rrldore o\je eeleo on q. and ® F "O ere n aewrr► t , on eeo al hest t}r~~ Gard ry b ` ~'w rton ~~11e of eer~ sunset o~d Be ouje\jard b o Sagert Bethany oad e011th BW boo ~y nes F errY Boulevard South 01 Allen ~or~oept map _ Murray ors on the r►r~ent elected Corr% jaoi1►ty av' wont odiiy e. ship to rev ire road 8119 el1 B®ad . • h1#~ to was 1W - ~ ~ v erit corn idle ®ad' ~ o~~oty pr~~~ d~ s. 9 to 'e concept map ernes Boa ete from the goad $e 8'n tre d and Barnes A~enue o~c rno~e se,eo been A r and ~t~ d ~e e1i Road e ~ Road ~ z orn us Pass OUIGNJ ' en n ornevi o, Murray ~ • ~ ~r~ lysrs betWe goad west main qtr on add~trona _ ~rr~into sets used ~ corridors x dd new ncom~ :92 A lead - x'~ r.i ^A tea. i~ RED: 1K0 NI IN Ab; XZ , De fo 7onaorrau~ 4007 f ember. 1994 Y S y( 0 f~ IA ETR0 ~ OWAR c-~ '+j I V 1. e: Metro Region 2040 Update Fall 1994 r _W 7- 'Sh do >rrarn d ~d Aiterbative j-------Ou s 'Od it " wo years ago, we began Region ?040 by asking very basic,. The These are tough issues general questions about how our region Decision' Making because people like to have _ ~oCess~~ should grow. We wanted to know P their space I know I do.„ people's regional values - which elements of our community should be protected and which things needed improving. We learned that, in general, community leaders, a video, speaking Where Do We engagements and open houses - we °~e®tYi 6~Iere? people tended to value most highly a P clean and accessible natural environ- asked people to tell us how they felt meet, freedom from excessive traffic about those four specific issues. Those congestion and quiet, safe neighbor- questions asked people how they felt hoods. about: T'hesFuture Vision 4 _ As the Region 2040 program pro- m increasing development along ' l gressed, so did the types of questions transit lines ti we asked the public. 'We moved from . redeveloping city centers Students Focus' the general to the more specific. on the Future ° decreasing the average size of new residential lots f Earlier this summer, we narrowed the focus to four questions that identified ° reducing the number of commer- possible ways to use land more effi- cial parking spaces. Up.cor]ing ciently inside the urban growth bound- Public liivolvement ary, in order to keep those elements C-.'Meetietgs_) people said they valued the most. What you told us Through an intense public involvement f effort -including the use of a direct More than 17,000 people responded to mail piece and questionnaire sent to the questionnaire, and the response was f,. more than 500,000 households, a almost evenly distributed across the telephone hotline number, a youth region. We also received about 300 involvement program, interviews with y _s: f continued on page 2 s. ' - j( Region 2040 - rail 1994 1 / -11U S- Co PY 111 ~!1:51glIffl:~11:g, AGENDA ITEM # For Agenda of October 2S. 1994 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Engineering Services Contract with Murray. Smith and Associates. Inc. PREPARED BY: Ed Wegner_ DEPT HEAD OK CITY ADMIN OK ISSUE BEFORE THE COUNCIL Shall the City Council approve and authorize the City Administrator to sign a contract with Murray, Smith and Associates, Inc. (MSA), for engineering services regarding the long term water supply. STAFF RECOMMENDATION The City Council authorize the City Administrator to sign a contract with Murray, Smith and Associates, Inc. for further work on the long term water supply.' See attached memo from Intermim City Administrator. INFORMATION SUMMARY Murray, Smith and Associates, Inc. has completed the City°s Water Supply Plan Update and the City Council has adopted this Plan. There is a need for further services to begin, guide and assist the City in securing a long range water supply. This proposeed Agreement would allow Murray, Smith and Associates, Inc. to provide the city affordable services through December 31, 1995. The Contract would be on an "as needed basis for define projects". OTHER ALTERNATIVES CONSIDERED The City of Tigard would need to negotiate with other engineering firms not as familiar with Tigard°s Water System for these services. FISCAL NOTES The Maintenance Services Department will be responsible for the record keeping and budgetary policies. The monies for this Contract will come from the Water Operation Budget. kathy\catncit.msa DRAFT MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor and City Council FROM: William A. Monahan, Interim City Administrator DATE: October 11, 1994 SUBJECT: Engineering Services Contract with Murray, Smith & Associates, Inc. Murray, Smith & Associates, Inc. (MSA) completed the City's water system master plan. Staff is pleased with the quality of MSA's work and proposes that the plan be used during the coming months in other water-related projects. There is a continuing need for the firm's services as we take steps to secure a long-term water supply. For instance, we will need an engineering consultant to: (1) evaluate the conditions of the Lake Oswego system; (2) assist in responding to issues raised during negotiations with Lake Oswego; and (3) assist in negotiations with the Oregon Water Resources Department to secure water rights (or transfer an interest in water rights if we buy into Lake Oswego's system); and to (4) determine consulting engineering and design services necessary to advise and guide the City; and (5) investigate, study and recommend designs for the interim supply. I propose using MSA on an as-needed basis for defined projects. By having an agreement of this type, we will have professional resources available on an as-needed basis throughout the water negotiation process. 1111:1 Igg :~sg it ZEN BRIM EffielffmERIMMEEM I am requesting that Council authorize me to sign the agreement on behalf of the City for services up to $50,000.00, $26,000.00 of this is fixed costs on certain services rendered as outlined in the Contract. Other services will be on an on-cail basis to be paid on a time and expense schedule as submitted in the Contract. If the City requires Murray, Smith & Associates, Inc. services in excess of this amount during the next four years (through December 31, 1998), i will request additional authorization. WAMAh h:\1o81n\jo\wnm1010.1 i AGREEMENT FOR PROFFSSIONAL ENGMERING SERVICES FOR y~~y CJ 8~ OF TIGARD THIS AGILE MENT AND CONTRACT, made and entered (alto at Tigard, Oregon, this day of , 1984 by and between the CITY OF TIGARD, State of Oregon, hereinafter called the ®Cl!%nt", and MURRAY, Sl & ASSOCIATES, INC., a firma of engineers duty authorized to perfonn engineering services in the State of Oregon, hereinafter called the WrLWMETH THAT- WHEREAS, the Engineer has completed an update of the City of Tigard water supply plan which recommends caertain water facilities be developed, and Wes, the services of an a neer during implementation of the recommendations of the water supply plan am necessmy, and WHEREAS, the Client desires to retain an engineer to provide consulting engineering services during the implementation phase of the water supply plan, and WHEREAS, the Engineer does offer to provide said enoncering services. NOW. THEREFORE IT IS AGREED BETWEEN THE PARTIES HEREM AS FOLLOWS: ARncLE I - DEk IPI UONS Whenever the term "Cliesat" or "Owner" is used herein, it is underbtood to mean the - City of Tigard, Oregon, or its authorl=d of mr and the tea. "Engineer" weans the authorized representative of Muaruy. Smith & Associates, Inc. Agreement Page 1 of 16 1,, 122111:11 i ARMLE 1'1- OBUGATION OF TM MGM= 1. fc. si at Professional senibm to be performed by the ]$gneer tmder this Agreement are the er rneetirig and derma samees neeessary to asWst the aty in developda~g long term and interim water supplies. The scope of work is as Wows: 1.1 Awgst in ncgofttions with the City of Lake C)swego to develop a long term supply of water for the City of Tigard. AmLqUmce will be provided on tecb u%d, huitijuttorW, firmncud, operational and other natters as needed. 1.2 Assist with the development and preparation of inter-gover mentmt agreements upon suc oessful. completion of negotiation with the City of Lake Oswego. 1.S Preparation of a seater supplY implementation P14M fo1loVIIrlg the successful conaluaiora of negotiations with the My of Labe Oswego, This plan wM include the following item: 1.3.1 Prepares on of sumnvuy of the negotiations. 1.31 Documentation of propod h"tutional arrangements. 1.3.3 Documentation of #anasrcial =w9cments. 1.3.4 wep,'ation of an implementation schedule. 1.3.5 Development of recon mwmdatioms for the preparation of pr engineering documents related to the City of Mgarcft participation in the development of the suprAy. went Page 2 of 16 s i 1.3.8 Development of fuzther recommendations as needed for Me tation of the supply. 1.5.7 ~~,n A a document that rum these efforts. 15 (fifteen) draft copies and 25 (twenty-five) fi wI eojaien of the document shy be provided. I.4 AesW Tigard in diet aims and negotiations with the City of Pordand during the period that the mommended long term supply a temative is being dewloged. Work under this task is as Wows: 1.4.1 Provide assistatace at meetings; with the CBty of Portland on . technical issues related to cap=ties of exisftg and potential conneOtfons. 1.4.2 Provide consultations an contractual and instUtcgtional arrangements between the City of 11gard and the Cfty of Portland as needed. 1.6 Complete a, hydraulic mview of transmission pdpiug configuration and cafes of the City of I?ordand's supply to corm the actual capacity of the Bracfiey Cornet' p4aenne connec r. The anaWiE s will include a eapacW analysis of the transm on prp7g connecting IhO City of Portland's Burlingame Resemirs to the City of Tigard's elevation 410 service level at Teideman Comer and city of Tigar&s 10-mmcn gallon storage reservoir. This effort will Ere summarized and documented through the greparadon of a technical memorandum that includes the findamp of the hydraulic analysm work under this task will include: Agreement Page 3 of 16 1.8.1 Review of Mapper of himizamf9fAan ply connecting City of Portia Ts BurUngarm Reservaim W the City of Ugar&s 410 elevation wxviw Levi and the City of Tigaas 10-' ilHoa gsllon storagre reservoir. 1.6.2 Develop a coxnputerized hydraulic -model 4 the transmission system described in stab Ipax a ph. 1.5.1. The =Odel ashaa indude transmission piping 15-inches in diaaneter and mater. 1.5.8 Calibrate the model and conifa= the eapncatg of the transmission pgjng to serve the City of T,igarrl°s elevation 410 sen ice level and 10-minjon gallon storage reservoir. Compaxe the results of the xnodeLed cagacitg to recast flow and capacity records of the trmtsmtission piping. 1.5.4 Review the fn dingy of the analysis with the City of Portland and propose further actions, if needed, to provide for optimal use of the transm on piping- 1.5.5 prepme a t=uaical memorandum summarri4mg and documerati the findinV of the analysis. 1.6 Assist the City of'11gard in dlscll s ons; and negotiations with the TuaL-l Valley Wi ter District during the period that the- reeGMMended long terse supply alternative is tx i g► developed. Work under Ibis task will include: 1.6.1 Provide twhnical as4stance with opacity and connection con8gt tIon issues related to the interim supply of water Agnement Page 4 of 16 ° WMEM to the CW of Turd ftmm the Tualatiea Vaflep Water District. I .S.2 Assist, as needed, wfth the development and do entation of isistita tionaal a eaaaents and arrang nts related to this supply. 1.7 preparation of a teanicai memorandum that summarizes and documents discussions related to the inter fin Tualatin Valley Water DistrRI supply. 1.8 provide technical assist=o, to the City of Tigard, as needed to maize the use of existirg ground crater well suppler. This assistance would include technical assistance and assistance with water rights and other issues related to this supply. i m Provide engine-14g se C does, as needed, for the development of preluninary aad final design plans and speCA=tions for work related to the City at'Tigard's interim water supply nos. These services gill include the de.velopmentt of project cost estimates. Deflntfon of the scope of such services provided under dais paragrapb ShaIl be agnxd upon in writing by the City of Tigard and the Engineer prior to proceeding with work under tY paraVglh. 1.I0 Attend and make evening presentations and verbal aorta to the Intergovernmental Water Board and the Tigard City Council. 2. Oiat ~ervic s aBxc~Pra E Miere may be special services requested by tine City which involve projects beyond the sooge of the basic services Intended and described above. These projects cannot be defined at this time, but may be Agreement Paige 5 of 18 f mom develgped by m xhud ao' ent between the City and the 1+mgineer. Tfftis service will be tea. = nn-ca basis to the City Zt to nee 5eMce Department E3 requested h9 the L' erector. Such work may incLu 3e but not be MnIW to, (a) 1nve b&fi0ns, studfes, designs and racorntwndations regazekag the city water system; (b7 eon-Wtaffms with City staff, elected IDM , c€tizens, contractors, and other public agencies; and (c) attendance at meetings as needed. The En&eer awees to c=Pletc these projects requested after the scope of woA is defined. 3. t al meat The Engineer agrees to provide, the serm-as of HaWld Murray and Chris Uber to rtage the work of this agreement and provide project engineering to be best of the abilities of the firm in its employrnent of these individuals. 4. Mme Schedule- TbLe E~ragirieer shall begin work as necessary upon execution of this Agreenimt and will continue the services until Dec mt, 81. 1998. unless extended by the City in writing. :4. The Engll`~ agrees t® ntaintai n thrott0 ut the duration of tqe 3*'m wt period. (t) stat Utory wc&erW compensation insurance coverage, (2) eomprehensive general Rialo tyy insurance coverW and automobile Umbility bURUWsce coverage in the sum of not less than one mullion dollars ($1,000,Wo) and (3) protesskmal liability insurance in the sums of not kiss than five hundred thousand dollars ($5W.OWI 9MUL d aggegate, on a dafms-mate basis, as long as it is reasonably avaRnbte under standard policies at rages comparable to Prxent Page 6 of 18 ~ JON 61those currently in effect. The hmutran ce shall provide that the In rance stall E not terminate or be cancelled without thirty (30) dgpffi prior written notices. Certificates verifying the insurance in fib shW1 be submitted to the City. ARTICLE III - OB.1 GA'nON OF THE CLTI£ NT I . l i rrterttt tca tl,} ~e> for Servicesd For seTvices tretadared under Article II. patagmph 1. sub p p1» 1.1. 1.2. 1.4. 1.8, 1.8 and 1.9, the C1ieut shall e: gay the Er4&wer an ai time and expense bay in accordance with the hourly ur rates and provisions Included in the "Schedule of Chargeo" attached heaety as °ZxhlWA An. Sajd schedule shall be reviewed annually at. the egad of each i' Calendar year atnd adjusted, if nee gay, to cam ate for w.asiaiions of costs. z, f:A 'Y For services rendered under Article H. paragraph 1, sub paragraphs 1.3, 1.5 ~p and 1.7, the Client shall pay the Engineer on lump sum basis- For Article 11, ` paragraph 1, sub pardgraph I.3 the ltunp sum amount shall be $15,000. For Article 11, paragmph 1, sub paragraph 1.5 the lump sum amount shall ice $7,5W. For Article 11. pa.ragmph 1, sub patragmph 1.7 the lump scare amount shell be $3,50Q. Services rendered trader Article R, paragraph 1, sub paragraph 1.10 shall be provided at no charge. paymneut for a rendered raider Article 11. paragraph 2. Special Services said ftojeats, the CU =t shall pray the Engineer on a t mm and expense basis in ac=datme with the hou* rates and provisions included in the "Schedule of Charges" attached hex eto as Exhibit A. 2. Statments for viceaes. statements. for Services of the Enginew shall be subaamed monthly and payment by the Client shall be made with. 30 days of the date the invoice is se=ved. Interest will be payable an the unpaid balance Agreement Pale 7 of 15 z after 30 dugs fi m the date of the iarvaice at the ante of 1-1/2 percent pe$ - - ffioaxth. ARTICLE IV - PROVISIONS OF TRE CONTRACT 1. eat of Contra - Neither the Owner nor the Englneer shall eafta its interest in this Agreement without the wittten consent of the other. .2. 1DLh ,•tiaMD melded by Owner - In order to facilitate the work to be pesforired by the Engineer, the Owner shall furnish to the EngEneer all informadon available to the Owner having s bearing can the work. It may b--- necessary during the wrork of the E~joneer to locate and expose vnderground utr7ities and/or structures. The Owner shall cause such mcavatlon and hunde rated work connected therewith to he done at no cwt to the E igfneer. The Owner shaill provide the Eaaglneer all hdm, equip pent and nwdenals to a in accompUshing system operations if so r--.Iuired. S. ®Mea' W Pmowide LMW Avicess - The Owner shall provide to the Enghu= or the Engineer's representatives legal access to the properties wl3ich are necemary in perfarniarc e, of the work. Owner shall provide access for the En neer to these probes for the make ig of measurements and obtaisrin g details for work to be performed by the Lrghreer. 4. Op£rdon eaf Lan2te ue .Uo_n Costs - Any opirsi<a of the construction cot prepared by the Engineer represents judgment as a desigtr professional and is supplied for the general guklanm of the Owner. Shave the Engtneer has no control over the exist of labor and matealals, or over the wmpetiiive bidding or market tAar Eons, the Eng$neer floes not guarantee the accuracy of such ophdons as compared to contractor bUs or actual cast to the 0%mer. Agreement page 8 of 16 NINE 11 Emu t?oi1h7 o~ecE I~ ted - The Owner shall pay the eon of checking and ftTOctlon fees. zonh)g and anne cation >atppilwatlm few, assessnnent few. goiis Mgh2eeriug fees. s)ls test3 fees. aerial to my fees, and a►i other gees. Pmrmits, bond pmenUumris, title ccapMy charge., blueprhmts and reproductions, and all other diarges not speefficaily covered by the term of this AgMeZfient. 6. St~r_dard of t!racticea - In the performance of professional rvle w, the Engineer will use that degree of care and skill ordinarily earcised under similar cktsaystsnew by reputable members of the engineering profession practicbIg in the same or similar locations and no other warranties, used or implied, are shade or intended in ~qy of the Engineer's proposals, contracts, or reports. 7. H=VdQV3 Material_A - Hazardous materials may exist at a site where there is no reason to believes they could or should be prment. The Owner and the l inever agree that time discovery of e~esnticipated hazardous n terils constituters a changed condition mandating a renegotiation of the scope of work ~ . or termination of services. The Owner agrees to co nsate the moem2e er for the additional cast of wodung to protect employees' and the Publids health and safety as umi&t. be associated with such hazardous cmuiltions. In addition, the ` Owner dives any c ai m aga5twt the Engineer. and agues to defend, indeamify and save the Engineer harmless from any claim or liability for injury or low arising from the L+ neees discovery of unanticipated hazardous materials or suspected hazardous materials. The Owner- also agrees to comp to t1te f i+ veer for any time spent and expenses incurred by the E igkteer in defer of any such claim. Agreetne t, Page 9 of 16 SWAIRIM! !I, 8. Cd a4g tc~ r~r~~ ftWfl%%tJgV& by C2fibcm - In the event that any changes am nzade in ply and specific ins by the Owner or persons other than the weer which affects the Engineer's work, any and all liability arising out of such changes is waived as against the EngWeer, and the Owner assuua,es fhall responsibMy for such changes unless the Ow~er has gfnin the sneer prior notice and has received ft m the Engineer written oonsent for such cages. g. Delays„ - All agreements on the Einginoer's pact are contingent upon. and the Engineer shad not be reSS Me for damages or be in default or be deemed to be in default by reason of delays in performance by reason of strikes, lockouts, accidents, acts of God and other de ys i1B3 vol or beyond the doer's reasonable control, or dose to shortages or =availability of labor at established area wage rate or delays caused by faflure of the Owner or Owner's agents to ftarriish information or to approve or disapprove the Engineees work promptly, or due to late, slow, or faulty perforrraance by the Owner. other esnhmetors or governmental agencies, the peafoansssnce of whose work is pizecedent to or txsncc art with the pertbr nce of the E ngineces work. In the case of the happeming of any such cause of delay, the time of completion shaU be extended aooordi~ly- 10. Qnauthoriw d ltecsse of Dacuinent - All reports. platy, specs ial field data, field notes, laboratory test data. calculations, cstiril l and oU%cr documents prepared by the Engineer as instruments of service shall ronnain the property of the Enoneer. Reuse of any drawings. sp cation: and other work product of the Engineer by the Owner on extensions of this project or any other prc t without written perMisslan of the Engineer shall be at the Owner's risk . eeillinesnt Page 10 of 18 210 Y• i and the Owner agrees to defend, #.ndemuiFy and hold harmmclew the Engineer Erom all claims, damages and expenses arising out of such unauthorized reuse by the Owner or by other's acting through the Ckmer. 11. 'Ceracain tioaof A o - The Owner may terminate tils Agreement by giving the Eng[neer wntten notice of the abandonnmt or indefinite p ent of the pruJeCL If any portion of ffie sesrhoaized worts coveved by this Agreement and bVM by the Engneer shall be alyartc oncd. unreasonably delayed or indefinitely postponed, the Engineer may terminate this Ag ent. Whether or not terminated, the Owner sheaf, pay the box g mr for the seawiaw rendered in carme din therewith p-dar to wrattern notice of such abandonment, delay, or postponement, payment to be based imofar as possible on the amounts eany speczta establdshed in this Agreement, or, whem tne.A sent camnot be applwd, on the basis of the Engineer's current hourly baM%ng rates plus expenses. 12. o gLWa &sponsibMY for Proiect agd aaf= - The Owner agrees that in accordance with generally accepted constrssc on practices, the cons<tarUCUOa: contractor will be reined to assume sole and complete responsibility for pmts, including safety of all prom and property and that this requireamcnt shall be made to apply continuously and not be limited to ncsrmal working hours. I3~. hmurance rLa ides . by aetian Oont cta~r - Construction specifications prpared by the Engin= may include standard provisions for insurarlm coverages to be provided to the Owner by the construction extractor. Since the Engineer is not qualified to advise on Insuramn mattea~s, the Owner awes Agrement )Page I I of I6 i to review those provisions prior to the' bidding proc ew with its insurmoe atd ur and to notty the EngWeer of c mfes to be made, if any, to these provisions. 14. SMa vices l7irin~ C:o - if so agreed, the bees wilt provide general " observattfon of the Conttr acbor's work on waif of the Owner to the extent agreed by periodic vidis to the site of the project to observe the gisogxres and quality of the woric and -to determine, In general. if the work is gaooeedtng in aecordance with. t61 a intent of the Mntract documents. On the ba"S of these visits, the Engineer vvM lip the Wisner informed of the progress of the work, wM endeavor to guard the owner agWnstt defects and deadencies in the worts of the o ntractortsl and may advise the Owner to Meet work cc miateria-ts that fail to cDnforrn to coantratct teem mnents. visits to the construction site and observations made by the weer shah not relieve the contractor of its obligation to conduct comprehensive inspections cf the work -ttlhrient to immure conf ncso whin the Went of the .tract doccnneaats„ and shM not relieve the construction tractor of its fuH respormlblhty for an construction SYleam, '$1aefl.'+mdjq' $eahmques. sequences and procedure: necea ' for a comtftutM and c fling alt portions of the w'** under the construction contact and for all safety precautions incidental thereto. 15. ~gn. cFian . 0 ~0~ti®n - ff so weed, &te En&cw w io furr>sh the serAce ; of an „=.Sit construction representative(s) to provide observation o the work of the contractor during the perLod of Construction. The construction tt tative wilt make out perlo is rePmtz of construction progresw and wi)l ire monthly estimates as the his for payments to contractor as Agreeute7at Page 12 of 16 *Gnstec~n Pmewds. The construction re;rWentative l endeavor to guard the Owner against defects and de13 'es in the work of the contractor and he.JP det tine if the pwv ala» of they contract documents are being ngMfea. On-oim coonsbuction observation w M not, however, cause the Fkwfteer to be respemsitale for those duties and reeg molbilidw which leg to the contractor and ea&iahrinclude, but are not ' to, full rcspona=lity for the techniques and sequer-ces of mom and the safety precautions mcidentag thereto, and for p: orming the construction work in accordance with the contract documents. The Engin= will report to the (miner observed deWations from the requirements of the contact dom. The F,tX&eea will facilitate a final insp melon of the constructed project and will make recommeadatfon to mr- Ow ner regarding substantial completion and final project acceptance. 1f3. ,eta $?mil g Review - N so agreed, the Ezx veer will perform shop drawing aW asubadttal review. The Client and the En&c a free fleet effea4ive review of shop drawings is inortant, and the t;iieart encourages the Engineer to develop a procedure that is properfy funded to promote effective imp'l=entatiem. Tl e Client agrem that the En&xew shall remw shop drawing submismons solely for their conforxMince with the Engine m's clew Intent and conformam= with the. requirements of the construction doctmaents. The Mrqaneer shall not be responsible for any aspects of a shop daswivg submkoian that affect or are affected by the means, methods, teebrdques, sequences and op=tions of constructiozr., safety Precautions and prcagrams incidental thereto, all of which are the contractoes resp=aibffity The Client warrants that that tractor shall be made aware of his or her $ m to mvtew shop dmwings in Agreement Page 13 of IS f theme respects Won subvdftjr~g ttteaxa to the fig gel and that the oantraeor will Dz toner be advised of the need to adhere to the shop drawing submkRgm schedule furnished to it by the M!i inmr, the need `to call any v tlos to the En&ees attention, and Such other requirements and respormdbilitien as may be identified in consstruction documents prepa and by the weer. 17. rawi - If so ugreed and upon suhstantki ewnpletion of the work, the ee r shall provide the Owner a set of record dzawings based an information provided by the contractor which illustrate the reported location of work and reported materials and equipment mistaHed. In that record drawings are bad on Informatfan provided by others, the Engineer cannot and does not warrant i heir a=urac7. IS- efleauaa Mh_pLs pct - With spec rPAP t to &5471 requirements of the Americans With D isabllities Act of 1090 (ADA). and fts amendments, or with state or local aceeessibility regulations, the Client agr to waive any action against the weer and to indernnify and defend the Engineer against any claim arimnng from Eng seer's alleged &fl re to meet ADA design sequixements pres.ol The Client understands that interpretations of ADA are Legg issues and not design iasuess and, accordxt dy. retention of legal cowl by the Client for purposes of interposition is advisable. 19. g-is - Resolution - AR rlalms, disputes or contnweasies arming out of, or in relates to the interpretation. application or eaiforement of this Ag"mment shall be de ded through mediaataon as adapted and described by the American Arbitration Association. The parties further agree that the Owner will require, as a coraMon for paticilmWora in the project and their agreement to petform Agre(nnent Page 14 of 16 I:: Oil Wvw or ser6=. Mat alt wntmctors, su traetom, and materW pemom and diet incur era and saeties shag agree to this procedure. 20. WWALydy for Qmm - Services provided within this Agreement fare for the exclusive a of the der. 21. ftMMW t® - The dlimt and the Engineer have entered into this Agnmnant of their awn fire wttl to communicate to one another mutual understandings and responsibilities. Any elemerzt of this Agreement later held to violate a law or regulation ill be deemed void, and zZ remah*% provi dom shall continue in foams. However, the Client and the Engineer will in good faith attempt to repLam an invalid or uneazfor ble provision with one that is valid and enforceable. and which comes as dose as posmWe to expressing or achieving the intent of the orIginal provision. In the event that an invalidated provision would otl2eras c have required the Client to compensate the Engla cer, as to homer an indemnification or for any other reason, the amount of money in question. shall autemaaticaW be considered an additional fee dare to the y irrespocthee, of the invalidity of the provision in questi4in. 22. ggnLyal - Ali o "om arishg prioz to the tsarmination of this mt and all provisions of this Agr at ally aesponsibiW or liability between the Client and the Engmeer shall survive the completion of the services hereunder and the termination of this Agreement 23. ~t of~r r xuent - There are no undmtindings or agreements except as herds eapm" stated. Agreement Page 15 of 16 r 24 MI S WFWRWF'. the pies hweto bave caused than Anent to tie e=wuted ki dupleate by the[r respwUve autizorkod mss ar represata8tves. Cam' OF TIC6AIE3I;1 DateL-- BY; BM Manahan. Interim City Ad3ninistmtor sy: Wegner, Maintenance Servioes Direct" MURRAY, 9MUR & ASSOCIATES. INC. Sy: Harold Ft. Murray. Pre9dent Agrent Page Is of 16 e , "EXHIBIT A" MU Y, Sh/E TH & ASSOCIATES, ENC. SCHEDULE OF CHARGES Perso nel Charges Senior Principal $100.00 Principal 95.00 Senior Engineer 80-00 Engineer In 65.40 Engineer II 55.00 Engfneer 1 48.00 Senior Technician. 52.00 Technician 42.00 Draftsperson 36.00 Clorical 34.00 'nie above hourly rates cover salaries, social security and other salary overhead, insura.ncya, general and adrntnistrative overhead, and profit- ' Projcct erases Expenses incurred in-house which are dftectly attributable to the project will be invoiced at actual cost. These expenses include the Mowing- Engineering Computer $ 3.00/hr Computer Aided DesigR and Drafting System 10.00/hr MHeage 0.30/173z1e long Distance- Telephone At Cost Lodging and Subsistence At Cost Postage At Cost Printing and Reprroduction. At Cost OuWde Services Outside technical, professional and otkter services will he anvoicc.-d at actual cost plus 10 percent to cover administration and overhead- MU Y, SMITH & ASSOCIATES, INC. ~ngintccs/PdannCrs area k 12 111, Folsom I AGENDA ITEM # 43 For Agenda of October 25, 1994 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Authorization of application for delegation of Electrical Program effective Jul 1 995. PREPARED BY: David Scot EPT HEAD OK CITY ADMIN OK U° ISSUE BEFORE THE COUNCIL Should the Building Division be authorized to apply for Electrical Program delegation effective July 1, 1995. ' - STAFF RECOMMENDATION Approve the attached resolution authorizing the application for Electrical Program delegation. - INFORMATION SUMMARY The city currently enforces and provides services for all portions of the State Building Code except the Electrical Program. To centralize and improve our service, the city had decided to incorporate the Electrical Program effective July 1, 1995. The FY 1994/1995 budget reflects this commitment by authorizing an electrical inspector position and capital expenses associated with establishing the program. OAR 918-300-130(1)(a) requires that applications for program delegation be accompanied by a resolution from the municipality formally authorizing the application. The proposed resolution is submitted toward fulfilling this requirement. OTHER ALTERNATIVES CONSIDERED None. FISCAL NOTES The proposed resolution has no direct fiscal impact. A future ordinance for administration and enforcement of the program will include a cost/revenue analysis. H: \LOGIN\DAVID\E-PROG. SUM 11 Will I'll 1111~!Ijlll f !I! _ 1 =n± mom ! q P MEMORANDUM CITY OF TIGARD, OREGON TO: Bill Monahan Interim City Administrator FROM: David Scott uilding Official DATE: October 12, 1994 SUBJECT: Resolution Regarding Assumption of Electrical Program The Building Division continuously seeks ways to improve our level of customer service. One hole in service is the fact that we don't provide a full service building program. We provide all plan review and inspection services except for electrical. As a result, designers and builders are required to deal with two agencies to obtain building plan review and inspection services for one project. We have received comments from the design and building community that indicate local provision of an electrical program would enhance our level of service. Last fiscal year the City Administrator approved the Building Division's recommendation that Tigard assume the electrical program. This proposal was put before the City Council during the budget process. The program was approved and funds were allocated to cover start-up costs for a program implementation of 7/1/95. Although Washington County provides adequate service in this area, centralizing all aspects of the building program in Tigard will benefit both our customers and the City: increased level of service to customers: inspectors located in a local and more accessible office, deal with only one agency, better coordination of service; - increased internal coordination and over-sight for building program. Because state law requires that all electrical program revenues be dedicated to supporting the electrical program, there is no substantial financial benefit to the City. However, some benefit will be achieved because reasonable administrative over-head costs may be charged to the electrical fund, as well as some percentage of current building division staff time and support costs. Although there will be start-up costs in FY 94/95 ($30,000) for which we will receive no revenue, rough projections for FY 95/96 indicate that electrical program revenues will exceed expenses more than adequately to cover the start-up costs (rough projections are, revenue $212,000 vs. expenses $125,000). One of the requirements for application to the State for program delegation is a resolution from the municipality formally authorizing the application. 0, OEM AGENDA ITEM # For Agenda of 10 as CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Ordinance & Final Order CPA 94-0003 and ZON 94-0005 PREPARED BY: Dick B. DEPT HEAD OK CITY ADMIN OK ISSUE BEFORE THE COUNCIL Should the City Council approve the attached ordinance and final order amending the Comprehensive Plan Map from Light Industrial to General Commercial and the Zoning Map from I-P (Industrial Park) to C-G (General Commercial for Rembold Trusts, Inc.? STAFF RECOMMENDATION Approve the attached ordinance and final order. INFORMATION SUMMARY The City Council held a public hearing on the Rembold Trusts Inc. application for a comprehensive plan map and zoning map change on SW Cascade Boulevard on September 27, 1994. The Council voted to approve the change subject to revised findings. The final order has been revised to include those materials submitted by the applicant. The applicant's materials were reviewed by the Council at the September 27 meeting and are availavle at the City Recorder's Office. Supplemental findings submitted since the hearing by the applicant are attached. OTHER ALTERNATIVES CONSIDERED 1. Deny the findings and suggest alternatives. FISCAL NOTES None Applicable 10 CITY OF TIGARD, OREGON ORDINANCE NO. 94- A AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A'COMPREHENSIVE PLAN P.MEND114ENT AND ZONING MAP AMENDMENT REQUESTED BY REMBOLD TRUSTS, INC.. WHEREAS, the applicant has requested a Comprehensive Plan Amendment from Light Industrial to General Commercial and a Zone Change Amendment from I-P (Industrial Park) to C-G (General Commercial) for a 7.76 acre parcel (WCTM IS1 35BB, tax lot 500) and a 2.15 acre parcel (WCTM 1S1 35BB, tax lot 300); and WHEREAS, the Planning Commission held a public hearing on August 22, 1994 and concurred with the Planning Division's recommendation for approval; and WHEREAS, the Tigard City Council held a public hearing September 27, 1994 to review the applicants proposal, the staff report, the Planning Commission .recommendation and to recieve public testimony; THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The proposal is consistent with all relevant criteria based upon the-facts, findings, and conclusions noted in the attached final - 0 order and map, identified as Exhibit A. SECTION 2: The City Council concurs with the Planning Commission and staff recommendations and approves the request to redesignate the parcels illustrated on the attached map (Exhibit A) with a Comprehensive Plan designation of General Commercial and C-G (General Commercial) zoning. 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 1994. Catherine Wheatley, City Recorder APPROVED: This day of , 1994. John Schwartz, Mayor ORDINANCE No. 94- Page 1 r gr Approved as to form: C, Attorney Date ORDINANCE No. 94'- Page 2 11 Fill EXHIBIT "A" CITY OF TIGARD CITY COUNCIL FINAL ORDER A FINAL-^ORDER:INCLUDING FINDINGS AND tCONCLUSIONS WITH REGARD TO AN APPLICATION "-FOR A COMPREHENSIVE PLAN AMENDMENT AND ZONE CHANGE APPLICATIONS REQUESTED BY REMBOLD TRUSTS, INC.. The Tigard City council reviewed the application below at a public hearing on September 27, 1994. The City Council approves the request. The Council has based its decision on the facts, findings and conclusions noted below, and the findings, submitted by the applicant, as attached. A. FACTS 1. General Information CASE: Comprehensive Plan Amendment CPA 94-0003 / Zone Change ZON 94-0005 REQUEST:.. A request for approval of a Comprehensive Plan Amendment from Light industrial to General Commercial and a Zone Change from I-P (Industrial Park) to C-G (General Commercial). ^APPLICANT: Rembold Trusts, Inc 1022 SW Salmon, Suite 450 Portland, OR 97204 OWNERS: Thomas Holce Portland General Electric 109 N Lotus Beach Drive 121 SW Salmon Street Portland, OR 97217 Portland, OR 97204 REPRESENTATIVE: Michael C. Robinson Stoel Rives Boley Jones & Grey 900 SW Fifth Avenue, Suite 2300 Portland, OR 97204 LOCATION: 10075 SW Cascade Boulevard. (WCTM 1S1 35BB, tax lots 300 and 500). 2. Vicinity Infonmation The subject site is located on the west side of SW Cascade Boulevard between SW Scholls Ferry Road and SW Greenburg Road. The properties adjacent to SW Scholls Ferry Road to the north are zoned C-G (General Commercial). Adjacent properties to the north, east, west and south are zoned I-P (Industrial Park). SW Cascade Boulevard is classified as a major collector street, SW Greenburg Road as a major collector and SW Scholls Ferry Road as an Arterial on the Comprehensive Plan Transportation map. Cascade Boulevard is developed with commercial type uses at the far north and south intersections with SW Scholls Ferry Road and SW Greenburg Road respectively. The northern commercial area contains Levitz Furniture, Toys R' Us and the Shane Company. The southern commercial area contains a gas station, furniture rental, convenience store and other small retail stores. The area also contains an office Depot, Designer Choice Furniture and Beaverton Honda stores. The remaining lands are developed with industrial type uses or are vacant. 3. Background Information STAFF REPORT - CPA 94-0003/ZON 94-0005 - Rembold Trusts, Inc. PAGE 1 1 The subject site and the majority of the Cascade Boulevard Area was annexed into the City in June 1981. At that time, the zone was changed from Washington County M-1 (Industrial) to Tigard M-4 (Industrial Park). No other land use applications have been filed with the City. On August 22,-1994 the planning Commission conducted a public Hearing concerning this request and recommended that the City Council approve this application subject to the findings within this report. 4. Site Inforiration and Proposal Description This site contains 9.91 acres. It is located on the west side of Cascade Boulevard between Scholls Ferry Road and freenburg Road. The Southern Pacific Railroad borders the site on the west. Two seperate ownerships comprise the site. Rembold Trusts, Inc.. is the contract purchaser of Tax Lot 500, containing 7.76 acres. PGE owns tax lot 300, containing 2.15 acres. The PGE site contains an electrical substation. The substation would remain after the Comprehensive Plan map change and Zone Change. The Holce property contains a vacant industrial building, formerly the Sentrol building. The proposal is for an approval of a Comprehensive Plan Amendment from Light Industrial to General Commercial and a Zone Change from I-P (Industrial Park) to C=G (General Commercial). The applicant's possible uses on this site include construction of a Smith's Home Furnishings store containing 60,000 square feet and a second specialty retail building containing another 60,000 square feet. 5. Agency Comments The Oregon Department of Transportation has reviewed the proposal and offers the following comments: MOT is requesting more information to address the following issues: 1) The traffic impact analysis report does not include long-range analysis of the transportation system's ability to accommodate..the anticipated traffic. ODOT would like the applicant to provide information demonstrating the trip generation in the current zone compared to the proposed zone. This type of analysis is typically included in a traffic study for a comprehensive plan amendment and zone change application. 2) Because of the storage concerns, the applicant will need to address storage requirements for traffic turning onto Cascade Boulevard based on the proposed General Commercial zoning compared to the present Industrial zoning. The zone change is expected to increase the westbound left turn lane demand on Scholls Ferry Road at the Cascade Boulevard intersection. This increased traffic is of concern to ODOT since the storage space available for this flow of traffic is limited because of the intersection's proximity to the southbound ramp for Highway 217. If the amount of storage space is exceeded, the traffic could create safety and operational problems such as possible traffic back-ups onto Highway 217 ramp which is unacceptable to ODOT. The State Highway Division has reviewed this proposal and has offered the following comments: ODOT has two concerns regarding the Scholls/Cascade intersection that would be impacted by this develoment. First, the mitigation stated by the Kittleson Report may be difficult since moving both thru lanes to the right would not line up the thru movement and inhibits right turns on red. Secondly was their analysis of the signal isolated or did it include the Highway 217 southbound ramp STAFF REPORT - CPA 94-0003/ZOP7 94-0005 - Rembold Trusts, Inc. PAGE 2 IIIIAIIII]l IIII, :I'll ill! I terminal signal? The proximity of these two signals are so close that they cannot be realistically analyzed independently. City of Tigard Building Division, City of Tigard Engineering Division, General Telephone and Electric, Portland General Electric, City of Beaverton, Tualatin Valley Fire and Rescue, have reviewed the -application,. and have offered no comments or objections. No other comments have been received. B. FINDINGS AND CONCLUSIONS Thd relevant approval criteria in this case are Comprehensive Plan Policies 1.1.2, 2.1.1, 4.2.1, 5.1.4, 7.1.2, 7.6.1, 8.1.1, 8.1.3 and 12.2.1 and Community Development Code Sections 18.22.040 (A), and 18.62. Section 18.22.040 sets forth the standards and procedures for amendments to the Zoning Map as follows: A. A recommendation or a decision to approve, approve with conditions or to deny an application for a quasi-judicial amendment shall be based on all of the following standards: 1. The applicable comprehensive plan policies and map designation and; the change will not adversely affect the health, safety and welfare of the community; The following are the applicable Comprehensive Plan Policies related to this request. The application's relationship to the applicable criteria is reviewed below each policy: Plan Policy 1.1.2 requirea that in order to approve a quasi=judicial amendment to the Plan, the City must find that the change is consistent with applicable plan policies, that a change of physical circ-a tances has occurred since the original designation, or there is evidence of a change in the neighborhood or community which affects the subject parcel(s). Alternatively, the City must find that a mistake was made in the original designation (Policy 1.1.2, Implementation Strategy 2; Community Development Code Section 18.22.040 (A)). This Policy is addressed under 18.22.040(A) criteria 4. Plan Policy 2.1.1 states that the City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. This policy is satisfied as the applicant conducted a neighborhood meeting on May 23, 1994. The East Citizen Involvement Team (CIT's) Representative was also notified of this meeting. Notice of Public Hearings have been advertised in a paper of local circulation and notice of a land use action has been posted on the property. Plan Policy 4.2.1 states that all development within the Tigard Urban Planning area shall comply with applicable Federal, State and Regional water quality standards. This policy is satisfied as the site is already developed. Building and site improvements were reviewed for compliance with applicable federal, state and regional water quality standards in effect at the time of development. The proposed redesignation would not, by itself, affect compliance with this plan policy. However, the proposed redesignation of the site for General Commercial use will likely result in building and site STAFF REPORT - CPA 94-0003/ZON 94-0005 - Rembold Trusts, Inc. PAGE 3 r, modifications. The applicant is proposing to construct two 60,000 square foot buildings. The applicant's proposal shall require a Site Development Review approval. Compliance with water quality standards is one of the approval criteria. Therefore, any proposed development shall comply with Federal, State-and Regional water ,quality standards. Plan Policy 5.1.4 states that the City shall ensure that new commercial and industrial development shall not encroach into residential areas that have not been designated for commercial uses. This Plan policy is satisfied because the subject property is not located within or adjacent to a designated residential area. Plan Policy 7.1.2 states that as a pre-condition to development that: A) Development coincide with the availability of adequate service capacity for public water, sewer and storm drainage; B) The facilities are capable of serving, intervening properties and the proposed development and are designed to City standards; and C) All new development utilities be placed underground. This policy has been satisfied because the subject property is currently served with urban services, including water, sanitary and storm sewer. This site is already developed and is not within the boundaries of the 100-year floodplain or a designated area of ground instability. Additionally, all service providers have had the opportunity to comment on this application and have offered no comments or objections. The requested amendment will likely result in the construction of two new buildings. Service providers will have a further opportunity for review as part of the Site Development Review application. Plan Policy 7.6.1 states that the City shall require as a pre- condition to development that: the development be served by a water . system having adequate water pressure for fire protection purposes; shall not reduce the water pressure in the area below a level adequate for fire protection purposes; and the applicable fire district review all applications. The proposed redesignation would not, by itself, affect compliance with this plan policy. The Tualatin Valley Fire District and Tualatin Valley Water District have reviewed this proposal and have offered no comments or objections. Proposed future buildings shall be reviewed by these agencies for compliance with these requirements. Plan Policy 5.1.1 states that the City shall plan for a safe and efficient street and roadway system that meets current needs and anticipated future growth and development. This policy is satisfied because this property fronts SW Cascade Boulevard, a major collector, which abuts a State Highway (Highway 210, SW Scholls Ferry Road) and SW Greenburg Road, a major collector. The applicants have submitted a report evaluating the traffic impacts of the proposed development under current and proposed zoning. The report concludes that the potential traffic impacts of development under the proposed zoning are not significantly greater than those of potential development under the current zoning. The proposed change can be accommodated while still maintaining acceptable levels of traffic operations and safety on the surrounding street system. While the City of Tigard Engineering Department has accepted the conclusions of the traffic report, the applicant will have to address the concerns expressed by the Oregon Department of Transportation. Plan Policy 8.1.3 states that as a precondition of development that: development abut a publicly dedicated street; street right of way be STAFF REPORT - CPA 94-0003/ZON 94-0005 - Rembold Trusts, Inc. PAGE 4 I' dedicated where the street is substandard in width; developer commit to construction of street improvarvnnts to City standards to the extent of the development's impacts; parking. spaces be ,set aside and sparked for cars operated by disabled persons This policy will be satisfied as a condition of approval of any future development or ~u redevelopment on the site. Completion of any necessary street . improvements along the site's frontages and/or parking lot modifications would be required to be installed by the,developer at the time of such development or redevelopment. The Engineering Division and affected reviewing agencies will review any future development proposals for the site. Plan Policy 12.2.1 ##2 lists the locational criteria for General Commercial zones. The applicable locational criteria specified in Chapter 12 of the Comprehensive Plan are the following: a. Spacing and locational criteria require that the commercial area shall not be surrounded by residential districts on more than two sides. This site is not adjacent to a residential zoning district on any side. b. Site access criteria require: 1) the proposed area shall not create traffic congestion or traffic safety w problems; 2) the site shall hays direct access from a major collector or arterial street; and 3) public transportation shall be available to the site. This site does have access to a Major Collector Street. Public transportation is available on SW Scholls Ferry Road and SW Greenburg Road. The traffic study demonstrates that the proposal will not create congestion or traffic safety problems. The Oregon Department of Transportation has expressed concerns, related to storage capacity. The applicant will have to address these concerns as requested by Oregon Department of Transportation. C. Locational criteria also requires that the site be of a size which can accommodate projected uses and that the site possess high visibility. This criterion is satisfied for the 9.91 acre site. The existing building and site improvements, as well as proposed buildings can adequately accommodate a variety of uses permitted within the C-G (General Commercial) zoning district. This site is also highly visible from adjoining roadway and state highways. d. impact Assessment is determined by addressing the following criteria: 1) the scale of the project shall be compatible snith the surrounding uses; 2) the site configurations shall be such that the privacy of adjacent man-commercial uses can be maintained; 3) it shall be possible to incorporate unique site features into the site design and development plan; and 4) the associated lights;, noise and activities shall not interfere with adjoining non-commercial uses. This Plan policy is satisfied because the impact to the surrounding land uses is determined to be negligible. The scale of the present development as well as the proposed development on this site is compatible with the surrounding uses. There are no residential zoning districts adjacent to this site. The site is presently STAFF REPORT - CPA 94-0003/ZON 94-0005 - Rembold Trusts, Inc. PAGE 5 y t !a v developed and does not possess unique site features. Off-site impacts should not interfere with adjoining industrial uses.: 2. The statewide planning goals adopted under Oregon Revised Statues Chapter 197, until acknowledgement of the comprehensive plan and ordinances_ The Comprehensive Plan has been acknowledged. Each amendment to the plan is provided to the appropriate State Agencies for review. Notice of filing of this application has been provided to the State Department of Land Conservation and Development for comment more than 45 days prior to the final hearing on this application as required under State of Oregon Administrative Rule 660-18-020. 3. The applicable standards of any provision of this code or other applicable implementing ordinance. Code Section 18.62 (General Commercial) contains the standards for the General Commercial zone. The subject site meets these requirements in that the minimum lot width is greater than 50 feet and the existing structure does not exceed 45 feet in height. Additionally, the proposed development will require a site development review and will be reviewed for compliance with C-G standards. 4: Evidence of change in the neighborhood or community or a mistake or inconsistency in the comprehensive plan or zoning map as it relates to the property which is the subject of the development application. (Ord. 89-06; Ord. 83-52) The applicant's Supplemental justification submittal presents evidence of a change in the neighborhood. This evidence includes the following: Past land use decisions have recognized the need for and support of Commercial zoning designations; The majority of uses are retail or service and net industrial; Market demand in the area is for retail use; - The existing Sentrol building is no longer needed for industrial use because it underutilizes the site; and that transportation changes have occured in the-area. The applicant's evidence of mistake in the Comprehensive Plan and Zoning Map include: The area does not meet the purpose of the I-P zone as described in the Community Development Code; Property vacant in 1987 is still vacant seven years later, indicating that the zoning is a mistake because it has discouraged development of vacant properties; Rail access is not important to this area; Industrial land protection is not needed, as the I-P allows numerous commercial uses; The area has not developed in accordance with the intent of the I-P zone; and that the original City designations are not justified. The applicant concludes that the original comprehensive plan and zoning map designations on this site are mistaken because they are not required by the Tigard Comprehensive Plan nor do they reflect the development pattern in this area. The applicant also states that because of the land use and transportation changes that have occured in the area since annexation, because there is no strong policy justification for I-P zoning on this site and because the area cannot fit the I-P characteristics, this request should be approved. Evidence of Change in the Neighborhood. The applicant states that past land use decisions recognize the need for commercial zoning and that several zone changes since the site's annexation have reduced the I-P zoned area to the lots along the middle part of Cascade Boulevard. The applicant cites ZC 16-80 (Levitz/Tay's R' Us), CPA 91-04/ZON 91-07 (Shane Co.) and SDR 92-06. 92-13, and 94-05 (Beaverton Honda) as examples of change in the neighborhood. A small area near the Cascade Boulevard/Greenburg Road intersection is and has been zoned commercial since its annexation to Tigard in 1972. With this STAFF REPORT - CPA 94-0003/ZON 94-0005 - Rembold Trusts, Inc. PAGE 6 I Mill linisigAimim=l 5132; t exception, the Cascade area has historically been zoned industrial. The bulk of the Area was annexed to the City of Tigard in June 1981. At the time of the annexation, the zone was changed from Washington County M-1 (Industrial) to ""Tigard M=4 (.Industrial Park). A Council finding of that annexation states: "The territory is` substantially developed with industrial uses. There are some vacant lands suitable for industrial development". In July-1981, immediately following annexation, Portland Chain/Toys R' Us was granted -a'zone change from M-4 to C-3 (Commercial General), for property located at the far north and west part of the Cascade Area. The City staff report to the Planning Commission stated that Cascade Avenue is a well established industrial zone and will not eventually go commercial. The report noted that Staff would not-have made an approval recommendation had the applicant proposed a greater number-of retail outlets instead of the large furniture warehouse with a retail outlet proposed at that time. in 1986, the Planning Commission and City Council denied an application to change the allowable uses in the I-P zone to allow, in part, retail use on I-P property. This property is located across the street from the parcel involved in this application request. Staff had discouraged a zone change on the property and so recommended a Zone Ordinance Amendment. Planning Commission minutes record that Staff felt-the entire area should be evaluated rather than changing the zoning -on this one piece of property. The City Council requested that City staff —conduct a study to determine if this area should remain zoned I-P or if the area would be more appropriately rezoned C-G. The 1987 Cascade Area Study was prepared as a result of this request. In summary, this report concluded that there was no compelling reason to change the zoning designation within the Cascade Area. In 1991, a zone change (CPA 91-0004/ ZON 94-0007) was granted from I-P to C-G for the 1.1 acre parcel (Times Building) north of Cascade Boulevard at its intexsectioir-with Scholls Ferry Road. This property was annexed into Tigard in October 1985. Upon annexation, the property was rezoned from Washington County --M-1 (Industrial) to Tigard I-P. A mistake was found to have been made in the industrial designation because the I-P zoning constituted an industrial "island". In 1992, approval of SDR 92-0006, 92-0013 was granted on property across the street from applicant's property. The 1992 approval allowed the conversion of the former Power Rents building to be used as a motorcycle and lawn equipment sales facility, with subsequent expansion for warehous space. This use is classified in Section 18.68.030(A) (2) (b) as Automobile and Equipment: Sales and Rental, light equipment and is a permitted use in the I-P zoning district. In 1994 an approval was granted SDR 94-0005 for an expansion for warehouse space and a showroom. Considerations/Concerns/Evaluation 1. The evidence for a change in circumstance is not very strong. The 1981 zone change (ZC 16-80) was granted but with a reference that the Cascade area would not be converted to commercial. The report also noted that Staff would not have made an approval recommendation had the applicant proposed a greater number of retail outlets instead of the large furniture warehouse with a retail outlet proposed at that time. The only other change was the 1991 zone change (CPA 91-04/ZON 91-07). The applicant, in quoting the 1991 staff report, points out that "when the subject site was annexed into the City, the site was given Tigard zoning designation which most closely matched the original Washington County designation. However, the effect of the previous 8.23 acre zone change from I-P to C-G, which occured in 1980, is STAFF REPORT - CPA 94-0003/ZOP7 94-0005 - Rembold Trusts, Inc. PAGE 7 raj. ~ O.:nIV' that a land use pattern had been created whereby the newly zoned subject site would not fit' the existing land use pattern. In effect, an I-P island surrounded by commercial uses had been created. It appears that the C-G designation-would have been a more AR12r2oriate designation when the oronerty_i.nitially recieved a city zgne. It should be pointed out that the 1991 report also states "the applicant states that several changes in physical circumstances have occured since Washington County originally applied an industrial designation to the subject property. Staff recognizes one such physical change on this site. With the approval of ZC 16-80 (Levitz/Toys R' Us), the subject property was left as an "island" of I-P land surrounded by arterials and commercial zoning. Approval of CPA 94-03 would create an island of C-G. The conclusion of CPA 91- 04 was that there was a change in the neighborhood and that a mistake was made in the zoning designation. The change was caused by the zone change in 1981 and the mistake was creating an I-P island surrounded by C-G. The reasoning and justification that applied to the I-P "island" does not directly apply to the application presently under consideration. 2. It would appear that the City is facing a similiar decision as it did in 1986, when it denied a Zone Ordinance Amendment. The application in 1986 was in part for permitting a general retail use on an I-P property. The City determined at that time that a closer examination was needed in order to determine the most appropriate zoning for the Cascade Area. The 1987 Cascade study concluded that with the exception of a small area presently and historically zoned commercial, the records clearly show that this area was consistently zoned industrial. Records of past decisions affecting zoning within the Cascade Area show that there was a desire to maintain this area for industrial uses. The properties that have been changed to a commercial zone are located near either Greenburg Road or Scholls Ferry Road. Many comments made during hearings for these zone changes indicate that a commercial zone designation was appropriate only for the particular site in question, not for the entire area. While suitable expansion of commercial areas can be beneficial, retention of established industrial uses is also very important. The results of the 1987 study showed no compelling reason to change the zoning designation within the Cascade Area at that time. 3. Approval of the subject zone change would create a C-G "island" surrounded by I-P zoning. Such a zone change would be creating a similiar situation that the 1991 zone change CPA 91-0004 (Times Building) tried to correct. If CPA 94-03 is approved, there is little reason not to approve the whole area for commercial. Approval of this zone change would certainly open the door for further zone changes to commercial. if the arguement can be made for the CPA 94-03 property, it can be made for all the remaining I-P property along Cascade Boulevard. There would be little remaining justification to continue I-P zoning for the Cascade Area. Past land use decisions discussed and the 1987 study indicated the industrial nature of this area. The industrial potential of this area could be lost through piecemeal changes in zoning. The ' applicant's proposed change should occur only with a policy decision that the I-P zone in this area is no longer needed and the :hole area would be more appropriately zoned commercial. 5. The applicant states in the supplemental application that the area is not appropriate for the I-P or industrial designations and that industrial land protection is not needed. The applicant points to STAFF REPORT - CPA 94-0003/ZON 94-0005 - Rembold Trusts, Inc. PAGE 8 'Y, K4~ ,1 V~ 118 ~P L,. 1 Y the fact that the area has not developed as the I-P zone intended and that many of the allowed uses in the I-P zone are.commercial in nature. The applicant also implies that there is not that great a difference between the C-G and I-P zone. The applicant notes that the I-P zone lists 24 permitted commercial uses. The I-P zone does allow 24 commercial uses as defined by Commercial Use Types. Of those 24 use types, only 5 are essentially retail in nature. The I-P zone allows for general retail but limits these uses to 20% of the development complex. While the building character and function of these retail type buildings may be similiar to some industrial uses, staff believes also there is a need to retain an inventory of industrial land. The question is whether it should be retained here. rte. The Tigard Database 1994 provided updated information concerning acres of vacant land by zoning classification. This inventory identifies 434 total acres of General Commercial and 448 acres of industrial Park. Of that, vacant lands constitute 114 acres of C-G with 150 vacant acres of I-P. There are approximately 40.95 acres zoned I-P in the Cascade area, with approximately 3.5 acres of vacant land. An inventory of buildable vacant I-P lands identified approximately 85 acres of buildable I-P lands available in the City. The applicant contends that while the Comprehensive Plan acknowledges that a "core problem" facing the City is lack of buildable land designated for industrial use, vacant buildable land must be appropriately located. The applicant states that in this case, the best evidence.demostrates that the site is more suitable for commercial development than for industrial park development. The site is relatively small (less than 10 acres) and is near commercial uses on the north and south ends of Cascade Boulevard. The development trend in, this area appears to be away from industrial uses and towards commercial uses. Staff recognizes that some change_in uses have occured in the area, particularly Office Depot and Designer Choice Furniture locating across the street on Cascade Boulevard. whether these changes are significant enough to justify a change in the zone from industrial to General Commercial is open to question. The issue before the City council is whether or not the area along Cascade Boulevard should be Industrial or Commercial. If the propsed change is made, it .should be made with the notion that the entire area should be commercial and the present zoning is outmoded for this area. C. DECISION The City Council approves the requested Comprehensive Plan Amendment for Washington County Tax Map properties 1S1 35BB, tax lots 300 and 500 from Light Industrial to General Commercial and a Zone Change from I-P (Industrial Park) to C-G (General Commercial). The City Council finds that the change will promote the general welfare of the City and will not be significantly detrimental or injurious to surrounding land uses. it is further ordered that the applicant and parties to these proceedings be notified of the entry of this order. STAFF REPORT - CPA 94-0003/ZON 94-0005 - Rembold Trusts, Inc. PAGE 9 rrc`; ' STOEL RIVES BOLEY RECEIVE[? JONES & GREY OCT 0 61994 ATTORNEYS AT LAW SUITE 2300 COMMUNITY DEVELOPMENT STANDARD INSURANCE CENTER 900 SW FIFTH AVENUE PORTLAND, OREGON 97204-1268 Telephone (503) 224-3380 Telecopier (503) 220-2480 Cable Lawport Telex 703455 Writer's Direct Dial Number (503) 294-9194 October 5, 1994 Mr. Dick Bewersdorff Senior Planner City of Tigard Planning Department 13125 SW Hall Boulevard Tigardl, OR 97223 Re: Application by Rembold Trusts, Inc. for Comprehensive Plan Map and Zoning Map Amendment, Case File No. CPA 94-0003/ZON 94-0005 Dear Mr. Bewersdorff: Please find enclosed supplementary findings on the traffic issue requested by City Attorney Pamela J. Beery. I understand the City Council will make a final decision on this matter at its October 25, 1994 meeting, and the City Planning Department will mail out notice of the decision to all those entitled to it after that meeting. As you know, the City must provide written notice of the final decision to the Director of the Oregon Department of Land Conservation and Development within five working days of the decision. Please let me know if I can provide further information to you on this matter. Very truly yours, Michael C. Robinson MCR:cfz Enclosure cc: Mr. Wayne Rembold (w/encl.) Mr. Steven Preece (w/encl.) Mr. Loy Rusch (w/encl.) Pamela J. Beery, Esq. (w/encl.) PDX1-143926.1 23452 0001 PORTLAND, SEATTLE, BELLEVUE, VANCOUVER, BOISE, SALT LAKE CITY, WASHINGTON, OREGON WASHINGTON WASHINGTON WASHINGTON IDAHO . UTAH DISTRICTOFCOLUMBIA SUPPLEMENTARY FINDINGS REGARDING TRAFFIC ISSUES FOR CPA 94-0003 AND ZON 94-0005 The staff report recommended limited-approval of this request because the Oregon Department of Transportation District IIA office indicated a concern about the impact. on state highways of the comprehensive plan map and zoning map change. Gary McNeel of OD OT District IIA commented on July 12, 1994 to the City as follows: 11ODOT has two concerns regarding the Scholls/Cascade intersection that will be impacted by the development. First, the mitigation stated by the Kittelson report may be difficult since moving both the ' lanes to the right would not line up the through movement and inhibit right turns on red. Secondly, was their analysis of the signal isolated or did it include the Oregon 217 southbound ramp terminal signal? The proximity of these two signals are so close that they cannot be realistically analyzed independently." The ODOT District IIA comment is in the record. Additionally, the ODOT Region I offices ubmitted a letter dated August 2, 1994 raising several questions and issues. That letter is included in the record in this matter. The applicant responded to both letters. The City Council notes that the August 11, 1994 memorandum to Michael Robinson from Lee Rodegerdts of Kittelson & Associates indicated that the ODOT District IIA concerns had been resolved after a meeting with Mr. Rodegerdts. Subsequently, the applicant submitted a memorandum to Mr. Rodegerdts from Gary McNeel of ODOT District IIA, dated August 12, 1994. The memorandum is in the record. The memorandum states: "In accordance with our meeting in your office August 11, 1994, ODOT is withdrawing the written comments submitted to the Tigard Planning Department in July of 1994. Our discussion included potential methods of re-striping both Cascade approaches in such a manner that through movements can line up. We also determined that the method of analysis used for the signals develop a reasonable picture of existing and proposed traffic conditions." POX1-163927.1 23452 0001 i FAM Further, the City Council notes that the applicant submitted a supplemental memorandum from ODOT Region I, dated September 28, 1994, into the record. The memorandum is from Martin Gensvold, ODOT..Region I Senior Transportation Analyst. His memorandum stated: "I have reviewed Kittelson's August 22, 1994 response to ODOT's concerns regarding the proposed rezone application. Kittelson addresses the issue of left-turn storage on Scholls Ferry Road satisfactorily. With regard to the long- term traffic forecast, the City determines Kittelson's response to be satisfactory, it's recommended ODOT not challenge it." The City Council notes that the record contains a memorandum from Randy Wooley, City Engineer, to Will D'Andrea, dated July 12, 1994; in which Mr. Wooley stated that the Engineering Department has no objections to the proposed zone change and that the Engineering Department accepted the conclusions of the Kittelson traffic report. 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SUMMARY . . . . . . . . . . . . . . . . . . . . . . . 1 II. SITE DESCRIPTION AND PROPOSAL . . . . . . . . . . . . 2 A. SITE DESCRIPTION . . . . . . . . . . . . . . . 2 B. PROPOSAL . . . . . . . . . . . . . . . . . . . . 3 C. PRE-APPLICATION MEETING AND NEIGHBORHOOD MEETING . . . . . . . . . . . . . . . . . . . . . 3 D. CLASSIFICATION OF THE APPLICATION AS A QUASI- JUDICIAL REQUEST . . . . . . . . . . . . . . . . 4 E. APPLICABLE CRITERIA . . . . . . . . . . . . . . 4 1. Comprehensive Plan Map Amendment . . . . . . 4 2. Zoning Map Amendment . . . . . . . . . . . 5 III. RESPONSE TO APPLICABLE CRITERIA . . . . . . . . . 5 A. COMPREHENSIVE PLAN MAP AMENDMENT . . . . . . . . 5 1. Statewide Planning Goals . . . . . . . . . . 5 2. Applicable Tigard Comprehensive Plan Policies . . . . . . . . . . . . . . . . . . 10 3. OAR Chapter 661, Division 12 (Transportation Planning Rule) . . . . . . . 21 B. ZONING MAP AMENDMENT . . . . . . . . . . . . . . 23 1. Applicable Tigard Comprehensive Plan Policies . . . . . . . . . . . . . . . . . . 23 2. Tigard Community Development Code 18. 22.040 (A) . . . . . . . . . . . . . . . . 23 IV- CONCLUSION . . . . . . . . . . . . . . . . . . . . . . 26 EXHIBITS ' i I. SUMMARY OWNERS: Thomas J. Holce 109 N Lotus Beach Drive Portland, OR 97217 0 Tax Lot 600, 7.76 acres (338,025 s.f.) Portland General Electric Company 121 SW Salmon Street Portland, OR 97204 ® Tax Lot 300, 2.15 acres (93,654 s.f.) APPLICANT: Rembold Trusts, Inc. 1022 SW Salmon, Suite 450 Portland, OR 97205 Telephone: (503) 222-7258 Fax: (503) 222-4053 APPLICANT'S Loy Rusch PLANNING CONSULTANT: MCM Architects 1022 SW Salmon, Suite 350 Portland, Oregon 97205 Telephone: (503) 222-5757 Fax: (503) 241-1514 APPLICANT'S Michael C. Robinson (Primary ATTORNEY: Contact) Stoel Rives Boley Jones & Grey 900 SW Fifth Avenue, Suite 2300 Portland, Oregon 97204 Telephone: (503) 294-9523 Fax: (503) 220-2480 PROPERTY LEGAL ® Holce Property: DESCRIPTION: Tax Map Number iS135BB, Tax Lot 500 ® PGE Property: Tax Map Number IS135BB, Tax Lot 300 SITE SIZE: 9.91 acres CURRENT TIGARD Industrial Park (I-P) COMPREHENSIVE PLAN MAP DESIGNATION: CURRENT TIGARD ZONING Industrial Park (I-P) MAP DESIGNATION: PROPOSAL: Comprehensive Plan map amendment to Commercial General (C-G) and zoning map amendment to Cwmercial General (C-G) jgi~ 1111 II. SITE DESCRIPTION AND PROPOSAL A. SITE DESCRIPTION This site contains 9.91 acres. It is located on the west side of Cascade Boulevard between Scholls Ferry Road and Greenburg Road. B= Exhibit 1 (site map) and Exhibit 2 (aerial photograph). The Southern Pacific Railroad borders the site on the west. North of the site is the Suburban Propane facility. South of the site is an industrial use. The area surrounding the site is designated I-P and zoned C-G. Exhibit 3. The area to the north of the site is developed commercially and contains Toys R' Us, The Shane Company and Levitz. Two separate ownerships comprise the site. Rembold Trusts, Inc. is the contract purchaser of Tax Lot 500, containing 7.76 acres. PGE owns Tax Lot 300, containing 2.15 acres. Both property owners have submitted letters authorizing this application. Spg Exhibit 4. The PGE site contains an electrical substation. The substation will remain after the comprehensive plan map and zoning map are amended. The Holce property contains a vacant industrial building. Cascade Boulevard is classified as a major collector by the Tigard Comprehensive Plan ('"TCP17). TCP transporta- tion map: The traffic report prepared by Kittelson & Associates describes the traffic impacts on Cascade Boulevard and its intersections with Scholls Ferry Road and Greenburg Road caused by this request. Exhibit S. The proposal will 2 r not result in unacceptable levels of service on Cascade Boulevard or its intersections with Scholls Ferry Road and Greenburg Road. Exhibit 4, "Executive Sum-nary." The site contains no wetlands, significant vegetation, flood plain or other hazardous conditions. Fanno } Creek is west of the railroad right-of-way. S- PROPOSAL E. The applicant's possible uses on this, site include construction of a Smith's Home Furnishings store containing 60,000 square feet and a second specialty retail building containing another 60,000 square feet.1 The applicant will follow the site development review process in Tigard Community Development Code ("TCDC") Chapter 18.120 after approval of the comprehensive plan and zoning map amendment. C. PRE-APPLICATION MEETING AND NEIGHBORHOOD MEETING The pre-application meeting on this application was held on February 10, 1994 pursuant to TCDC 18.32.040. A neighborhood meeting to discuss this application was held on May 23, 1994 with members of the CIT and adjacent property owners. The applicant advertised the meeting by notices posted on the site and letters to property owners within 250 feet of the site and to the CIT representatives. Exhibit 6. Four persons attended the meeting. None 'A Smith's store is the most likely retail use, but it is not certain to be developed. 3 1111111111, 53 opposed the application nor raised concerns about its impact on adjacent properties. D. CLASSIFICATION OF THE APPLICATION A.S A QUASI-CEDICIAL REQUEST This application is a quasi-judicial application which is not subject to the time limitations on submittals for legislative comprehensive plan amendments. See TCP 1.1.2, Implementation Strategy II. "Quasi-judicial" is defined in the TCDC as an "action which involves the application of adopted policy to a specific development application or amendment." TCDC 18.26.030. "Legislative" is defined as "a land use decision that applies to a large number of individuals or property." TCDC 18.26.030. This application applies adopted policies to a specific development application or amendment. Therefore, it is properly categorized as a quasi-judicial application. = Davenport v. City of Tigard, 22 Or LUBA 577 (1992) (explanation of test to determine if an application is quasi-judicial). E. APPLICAPLE CRITERIA 1. Comprehensive Plan Map Amendment The applicable criteria for the comprehensive plan map amendment include the Statewide Planning Goals ("Goals"), applicable policies in the TCP [(eee TCDC 18.10:010(]0], and OAR Chapter 661, Division 12 (the Transportation Planning Rule). 4 2. Zoning Map Amendment The zoning map amendment must be consistent with applicable policies of the TCP. TCDC 18.10.010(A). TCDC 18.22.040(A) also contains four criteria for a quasi-judicial zoning map amendment. III. RESPONSE TO APPLICABLE CRITERIA This section responds to the criteria applicable to the comprehensive plan map and zoning map amendments. A. COMPREHENSIVE PLAN MAP ABP 'S' 1. Statewide Planning Goals a. Goal 1, Citizen Involvement: "To develop a citizen involvement program that ensures the opportunity for citizens to be involved in all phases of the planning process." Response: This Goal is satisfied through provisions in the acknowledged TCP and TCDC which provide for citizen participation.* The applicant met with the CIT representatives and adjacent property owners prior to submitting this application. Part I(C) of this application. b. Goal 2, Land Use Planning: "To establish a land use playing process and policy framework as a basis for all decisions and actions related to use of land and to assure an adequate factual base for such decisions and actions." Response: This Goal is met because the acknowledged TCP and TCDC contain provisions implementing the planning process. C. Goal 3,.Agricultural Lands: "To preserve and maintain agricultural !.ands . " Response: This Goal is inapplicable because the site is not agricultural land as defined in the Goals. d. Goal 4, Forest Lands: "To conserve forest land by maintaining the forest land base and to protect the state's forest economy by making possible economically efficient forest practices that assure the continuous growing and harvesting of forest tree species as the leading use on forest land consistent with sound management of soil, air, water, and fish and wildlife resources and to provide for recreational opportunities and agriculture." Response: The site is not forest land as defined in the Goals. e. Goal 5, Open Spaces, Scenic and Historic Areas and Natural Resources: "To conserve open space and protect natural and scenic resources." Response: The site is not designated by the TCP as containing open space, scenic.and historic areas or natural resources protected through the TCP. f. Goal 6, Air, Water and Land Resources Quality: wTo maintain and improve the duality of the air, water and land resources of the state." Response: This application will not degrade the' quality of the air of the state. The likely commercial uses are not "point'source" generators of air pollution. 6 The water quality of the state will not be degraded by this application. The stormwater runoff will either be retained on-site to allow for gradual filtration into the stormwater system or will be directed into the stormwater system for treatment. The land resources of the state will not be degraded by'this application. The site is not in farm or forest use and does not constitute an important resource for the state. g. Goal 7, Areas Subject to Natural Disasters and Hazards: "To protect life and property from natural disasters and hazards." Response: The site is not subject to natural events that could result in injury to persons or properties, such as stream flooding, ocean flooding, erosion, landslides, earthquakes or hazardous soil conditions. This Goal is inapplicable. h. Goal S, Recreational Needs: wTo satisfy the recreational needs of the citizens of the state and visitors, where appropriate, to provide for the siting of necessary recreational facilities, including destination resorts." Response: This Goal is inapplicable because the site is not necessary to satisfy the recreational needs of the state. 7 11 ;JJ'J r,i. Goal 9, Economic Development: - "To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon citizens." Response: This Goal is satisfied because the application provides for needed commercially-zoned land close to heavily-travelled arterials. The building on the site is currently vacant, indicating a lack of demand for I-P designated land. The plan map amendment will allow the land to be more beneficially used for commercial purposes. J. Goal 10, Housing: "To provide for housing needs of citizens of the state." Response: This Goal is inapplicable because the application does not involve residentially zoned land. k. Goal 11, Public Facilities and Services: "To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development." Response: This Goal is satisfied because the site can be served by appropriate levels of police and fire services, sanitary facilities, storm drainage facilities, and energy and communications services. 6 MIR R:: W11 III: - 1. Goal 12, Transportation: "To provide and encourage a safe, convenient and economic transportation system." Response: This plan amendment satisfies this Goal because it will not overload existing collectors or arterials. See Exhibit 4. M. Goal 13, Energy Conservation: "To conserve energy." Response: This application furthers this Goal because it locates commercial land near other commercial land uses, thereby encouraging reduced auto trips because persons can shop at more than one store in one trip. n. Goal 14, Urbanization: "To provide for an orderly and efficient transition from rural to urban land use.W ® Response: This Goal is inapplicable because it does not request an urban land use outside the urban growth boundary. o. Goal 15, Willamette River Greenway; Goal 16, Estuarine Resources, Goal 17 Coastal Shorelands; Goal 16, Beaches and Dunes; and Goal 19, Ocean Resources. Response: These Goals are inapplicable because none of the listed natural resources are adjacent to this site. CONCLUSION: This comprehensive plan map amendment conforms to the applicable Statewide Planning Goals. 9 Pill 2. Applicable Tigard Compreheansive Plan Policies a. Citizen Involvement, TCP Policy 2.1.1: 4ti "The City shall maintain an ongoing citizen involvement program and sham assure that citizens will be provided an opportunity to be involved in all phases of the planning process. Response: The subject property is located within a Citizen Involvement Team ("CIT") area which has been notified of the proposal. pg Exhibit 6. The applicant held an informational meeting on May 23, 1994 to explain the request. Notice of the public hearings before the Planning Commission and City Council will be provided to surrounding property owners as required by the TCDC. b. Natural Features and Open Space, TCP Policy 3.1.10 "The City shall not allow development in areas having the following development limitations except where it can be shown ® e-h~ 4 a~a9_s_a_&11 i O'h A a "-A g,--^ M" Ang i neom-P i-nr M 8V Vre teclmiqtes related to a specific site plan will make than area suitable for the proposed development. (Note: This policy does not apply to lands designated as significant wetlands on the flood plan and wetlands map.) : (1) Areas meeting the definition of wetlands under Chapter 18.26 of the community develo ment code; (2) Areas having a severe soil erosion potential; (3) Areas subject to slumping, earth slide or movement; (4) Areas having slopes in excess of 25% or 10 r (5) Areas having severe weak foundation soils." Response: The subject property has no wetlands, severe soil erosion, slopes exceeding 25-percent, severe weak foundation soils nor is it subject to slumping, earth slides or movement. The subject property and adjacent areas are developed with no evidence of development limitations. C. Air, Water and Land Resources Quality, TCP Policy 4.2.1: "All development within the Tigard Urban Planing Area shall comply with applicable federal, state, and regional hater quality standards." Response: This policy will be satisfied through the development review and building permit process. The proposed plan map amendment will not affect compliance with this policy. d. Economy, TCP Policy 5.1.1: "The City shall promote activities a -med at 4,*',,e diversification of the economic opportunities available to Tigard residents with particular emphasis on the growth of the local job market." Response: The proposed map amendment to C-G recognizes the continuing growth of commercial activity near Washington Square and in areas adjacent to this regional shopping center. Smith's Home Furnishings has established a record of high-quality retail outlets. This application will create approximately 60-70 permanent jobs in Tigard. This map amendment also strengthens the retail presence in this area. The Shane Company, Toys R' Us and Aft 11 10 Levitz stores are located just north of this site. The Beaverton Honda store is to the east of this site. Tigard's Comprehensive Plan recognizes that proximity to I-5 and Highway 217 serves as an incentive to economic development in Tigard. The site is particularly well cpialified for commercial land use from that standpoint. Moreover, the TCP notes that the city's large industrial parks provide an ample supply of leasable space for smaller and younger industries. TCP II-29. 'This site, however, is not part of a large industrial park. While the TCP also acknowledges that a "core problem" facing the city is lack of buildable land designated for industrial use, vacant buildable land must be appropriately located. In this case, the best evidence demonstrates that this site is more suitable for commercial development than for ® ;nra„arrial r%=rlr clev-lomment. The site is relatively small (less than 10 acres) and is near commercial uses on the south and north ends of Cascade Boulevard. The development trend in this area appears to be away from industrial uses and towards commercial uses. The TCP notes that as of 1981, there were only 76.38 acres of vacant land designated as commercial general. This contrasts with over 126 acres of vacant buildable land in the I-P designation at the same time. TCP 1-144. Finally, the TCP notes that "[t]rade patterns followed the major highways through the city, developing 12 commercial zones along the highways and other major arterial streets." TCP I-144. This plan map amendment is consistent with that trend because it provides C-G designated land along the Highway 217 corridor. e. Economy, TCP Policy 5.1.4: OThe City Bhall ensure that new commercial and industrial development shall not encroach into residential areas that have not been designated for commercial or industrial use." Response: Approval of this plan amendment will not result in new commercial or industrial development encroaching into residential areas. The nearest residential area is located well to the west of this site. See Exhibit 3. f. Public Facilities and Services, TCP Policy 7.1.2: WThe City shall require as a pre- condition to development approval that: (1) X)GVGlvpment c02-IMI a wii i .&M availability of ade3gr; -a¢e service capacity including: (a) Public water; (b) Public sewer shall be required for new development within the City unless the property is over 300 feet from a sewer line and Washington County Health Department approval for a private disposal system in obtained; and (c) Storm drainage. (2) The facilities are: (a) Capable of adequately serving all intervening properties and the proposed development; 13 IgI r a: (b) Designed to City standards; and (c) All now development utilities to be placed underground." Response: This plan policy is satisfied because all necessary public services are available to the subject property at adequate capacities. The site drains to a ditch south of the site. According to the City,Z the drainage ditch has recently been improved and is adequate to handle drainage. The Tualatin Valley Water District serves the site. The District has a 12-inch line and an eight-inch line in Cascade Boulevard.3 All new service extensions brought into the subject property will be placed underground. 9. Public Facilities and Services, TCP Policy 7.2.1: "The City shall require as a pre- condition to development that: (1) A site development study be submitted for development is areas subject to poor drainage, ground instability or flooding which shows that the development is safe and will not create adverse off- site impacts; (2) Natural drainage ways be maintained unless submitted studies show that alternative drainage solutions can 2Telephone conversation of June 17, 1994 between Greg Berry and Michael Robinson. 3Telephor2e conversation of June 20, 1994 between Tualatin Valley Water District and Michael Robinson. 14 POSTER solve on-site drainage problems and will ensure no adverse off-site impacts; (3) All drainage can be handled on- ,site or there is an alternative solution which will not increase off-site impact; (4) The 100-year flood plan elevation as established by the 19$1 flood insurance study conducted by the US Army Corps of Engineers be protected; and (5) Erosion control techniques be included as a part of the site development plan." Response: There is no evidence that poor drainage, ground instability or flooding are or will be present on the subject property. In fact, drainage facilities are adequate to serve the site. No natural drainageways exist on the property. Erosion control techniques, if applicable, will be included as part of the site's development. h. Public Facilities and Services. TCP Policy '1.6.1: "The City shall require as a pre- condition to development that: (1) The development be served by a water system having adequate water pressure for fire protection purposes; (2) The development shall not reduce the water pressure in the area below a level adequate for fire protection purposes; and (3) The applicable fire district review all applications." Response: Development on the subject property can be served by a water system with adequate pressure for fire 15 protection. Future land use will not cause water pressure to be reduced below a level adequate for fire protection purposes. i. Transportation, TCE Policy 8.1.1: "The City shall plan for a safe and efficient street roadway system that meets current needs and anticipated future growth and development." Response: The traffic study concludes that Cascade Avenue is currently a safe street. The study found no significant accident problem for the key intersections in the study area. The study finds that this application will not reduce the street's safety. See Exhibit S. J.. Transportation, TCP Policy 8.1.3: OThe City shall require as a precondi- tion to development approval that: (1) Development abut a publicly dedicated street or have adequate access approved by the appropriate.approval edithoa-i t a i (2) street right-of-way be dedicated where the street in substandard in width; (3) The developer commit to the construction of the streets, curbs and sidewalks to City standards within the development; (4) Individual developers participate in the improvement of existing streets, curbs and sidwaalks to the extent of the developments impacts; (5) Street improvements be made and street signs or signals be provided when the development is found to create or intensify a.traffic hazard; (6) Transit stops, bus turnout lanes and shelters be provided when the proposed • 16 jq-11- NINE 1: M go OEM SUM= us is of a type which generates transit ridership; (7) Parking spaces be set aside and marked for cars operated by disabled persons and that the spaces be located as close as possible to the entrance designated for disabled persons; and (8) Land be dedicated to implement the bicycle/pedestrian corridor in accordance with the adopted plan." Response: The property abuts SW Cascade Boulevard, which is a dedicated public street with sufficient right-of- way and capacity to accommodate expected trip generation from this site. See Exhibit S. New streets will not be needed on the subject property. Sidewalks and other improvements will be constructed within the existing right-of-way as part of the development. k. •Locaational Criteria, TCP Policy 12.2.1: "The City shall: (1) Provide for co=ercial development based on the type of use, its size and rewired trade area. (2) Apply all applicable plan policies. (3) Apply the appropriates location criteria applicable to the scale of the project. General Commercial. General Commercial areas are intended to provide for major retail goods and services. The uses classified as General C ercial may involve drive-in services, large space criers, as combination of retail, service, wb!olesale and retail services or provide services to the traveling public. The uses range from automobile repair and 17 services, client equipment storage, vehicle sales, drive-in restaurants to laundry establishments. It is intended that these uses be adjacent to an arterial or major collector street." Response: This site is located on a major collector street, SW Cascade Boulevard. (1) Scale (2) Locational Criteria "(a) Spacing and Location (i) The commercial areas is not surrounded by residential districts on more than two sides." Response: This site is not adjacent to any residential districts. O (b) access (i) The proposed areas or expansion of an existing areas shall not create traffic congestion or a traffic safety problem. Such a determination shall. a$'.ac mUs°o°Ad mn ®tremt capacity, =Lst irig and projected traffic volumes, the speed limit, number of turning movement and the traffic generating characteristics of the various types of users." Response: The traffic study demonstrates that the proposal will not create traffic congestion or a traffic safety problem. gg& Exhibit S. a(ii) The site shall have a direct access from a major collector or arterial street." Response: The site has direct access to a major collector street. IN 11 MWOMEMN, MI. "(iii) Site Characteristics (a) The site shall be of a size which can accommodate present and projected uses." Response: The site can accommodate the likely commercial uses. A Smith's Hoare Furnishings store containing 60,000 square feet and a second free-standing *build,i.~g containing approximately 60,000 square feet for specialty retail use may be constructed on this site. The site is large enough to contain both buildings and the required parking at one space for each 400 square feet of gross floor area. -See TCDC Section 18.106.030(C)(20). O (b) The site shall have high visibility," Response: The site has extremely high visibility. It is visible from both Highway 211 and Cascade Boulevard. "(c) Public transportation shall be available to the site or general aarea e " Response: Tri-islet provides service to the general area along both Scholls Ferry Road and Greenburg Road. Sbee Exhibit 7. B (iv) Impact Assessment (a) The scale of the project ahall be compatible with the surrounding uses." Response: The proposed,building will be compatible with the surrounding uses. The height of the nearby buildings is about 32 to 35 feet. The buildings on this site will be consistent with the height of retail structures near the site. 19 yJ,' pedestrian or vehicular traffic.4 Lights, noise and activity will have no impact on the Suburban Propane property to the north. 3. OAR chapter 661, Division 12 (Transportation Planning Rule) a. OAR 661-12-060 Part of the administrative rule applies to amendments to comprehensive plans, functional plans and land use regulations. OAR 660-12-060(1). The rule is applicable to this application because it requests a comprehensive plan amendment. OAR 660-12-060(1) and (2) provide as follows: M (1) Amendments to comprehensive plans, functional plans and land use regulations which significantly affect a transportation facility shall assure that allowed land uses are consistent with the identified function, capacity and level of service of the facility. This shall be accomplished by either: (a) limiting allowed land uses to be consistent with the plan functions, capacity and level of service of the transportation facility; (b) amending the TSP [Trans- portation System Plant to provide transportation facilities adequate to support the proposed land uses consistent with the requirements of this division; (c) altering land use designa- tions, densities, or design requirements to reduce demand for automobile travel and meet travel needs through other modes. .4 However, Smiths stores deliver customer purchases from a warehouse, so truck traffic from the stores is limited. 21 III III'',111,11III-I JIM jj,~'! glo (2) A land use regulation amendment significantly affects the transportation facility if it: (a) changes the functional classification of an existing or planned transportation facility; (b) changes a standard implementing a functional classification system; (c) allows types or levels of land uses which would result in levels of travel or accesB which are inconsistent with the functional classification of a transportation facility; or (d) would reduce the level of service of the facility below the minimum -acceptable level identified in TSP." Cascade Boulevard is identified as a major collector on the TCP Transportation Yap. Other affected transportation facilities include Greenburg Road and Scholls Ferry Road. Greenburg Road is a ma j-__- collector and Scho'i le. Ferry, Road is an arterial. TCP transportation map. This application does not propose to change the functional classification of any street or the standards implementing the functional classification. The application will not reduce the level of service on Cascade Boulevard, Greenburg Road or Sc1ho'!ls Ferry Road below the minimum acceptable level nor will it allow types or levels of land uses which result in levels of travel or access that are inconsistent with the road's designations. Exhibit S. Therefore, this application conforms to the requirements of the 22 s Transportation Planning Rule because it does not significantly affect a transportation facility. b. CHAR 660-12-055(3) This part of the rule requires the City to have amended its land use and subdivision ordinances to implement OAR. 660-12-045(34), (4) (a) - (3) and 5(d) by May 8, 1994. The City has met the deadline except for OAR 660-12-045(4)(b). That section requires connections between new retail uses and transit stops. ORS 197.646(3) provides that when a city does not implement an administrative rule as required, the rule is "directly applicable" to a land use decision. in this case, however, OAR 660-12-045(4)(b) is inapplicable to this application because it is directed to actual site design and not comprehensive plan map or zoning map decisions. IS. NVOa aoaw WILP AMEND 1. Applicable Tigard Comprehensive Plan Policies TCDC.18.10.010(A) requires that each application be consistent with the TCP. The applicant hereby incorporates part III(A)(2) of this application ("Applicable TCP Policies") as responses to the criteria for the zoning map amendment. 2. Tigard Community Development Code 18.22.040(A) The criteria for a quasi-judicial amendment to the zoning map are found in TCDC 18.22.040(A)(1)-(4). The standards are as follows: "I. The applicable comprehensive plan policies and map designation and the change 23 will not adversely affect the health, safety and welfareof the community; r . 2. The statewide planning goals adopted under Oregon Revised Statutes chapter 199, until acknowledgment of the comprehensive plan and ordinances; 3. The applicable standards of any provision of this code or other applicable implementing ordinances and 4. Evidence of change in the neighborhood or community or a mistake or inconsistency in the comprehensive plan or zoning may as it relates to the property which is the subject of this development application." a. Response to (1): The zoning map amendment is.consistent with applicable TCP policies. The findings in Part III(A)(1) of this application on the TCP policies are also applicable to the zoning map application. The change will not adversely affect the health, safety and welfare of the community. For example, the traffic study found that the change will not worsen traffic congestion or cause impaired traffic safety. The site is not located in a flood plain nor does-it contain hazardous soils or other undesirable features. b.- Response to (2): The TCP and TCDC are acknowledged, so the Goals are inapplicable to this request. c. Response to (3): The zoning map amendment is consistent with the applicable provisions of the TCDC, Chapter 15.62 "General Commercial District." This chapter establishes the requirements for the C-G zoning district. ^r, 24 ,r All: (1) Permitted Use. The likely retail uses are permitted uses in the C-G zoning district. TCDC 18.62.030(A)(2)(1) "General Retail Sales." (2) Minima- Lot Area. The C-G district does not have a minimum lot area. TCDC 18.62.050(A)(1). (3) Minimum Average Lot Width. The required average minimum lot width is 50 feet. TCDC 18.62.050(A)(2). This lot exceeds the average minimum lot width. (4) other Dimensional Requirements. The retail buildings will comply with the dimensional requirements of the C-G zone. TCDC 18.62.050 (A) (3) (setbacks), (4) (45-foot-maximum height), (5) (maximum site coverage of 85 percent including all buildings and impervious surfaces) and (6) (minimum landscape ® b 15 narrcent of the lot). d. Response to (4)a Several zone changes or conditional uses have been approved recently in this area. This is evidence that there is on-going change in the neighborhood from industrial to commercial land uses. The property is directly across Highway 217 from the Washington Square regional shopping center.. The areas to the north and directly across Cascade Boulevard contain commercial uses compatible with a C-G designation, including Levitz Furniture, The Shane Company, Toys R, Us, Beaverton Fonda, and Office Depot. 25 IV. CONCLUSION This application satisfies the applicable criteria for a comprehensive plan map and zoning map amendment. PDZ1-111673.1 26 EXHIBITS Exhibit 1 SITE MAP Exhibit 2 AERIAL PHOTOGRAPH Exhibit 3 AREA ZONING MAP Exhibit 4 AUTHORIZATION LETTERS FROM THOMAS J'. HOLCE AND PORTLAND GENERAL ELECTRIC COMPANY Exhibit 5 TRANSPORTATION IMPACT STUDY BY KIT3'ELSON & ASSOCIATES Exhibit 6 SAMPLE LETTER TO AND LIST OF PROPERTY OWNERS WITHIN 250 FEET OF SUBJECT PROPERTY, AFFIDAVIT OF MAILING AND AFFIDAVIT OF POSTING NOTICE ON THE SITE Exhibit 7 TRI-MET SERVICE IN THE GENERAL AREA Exhibit 8 APPLICATION FORM AND ATTACHMENT A it! 11 1:! 111:12 1 1 10 ill tE 0 C 1 a ~ a ` CE D~ p ec yo 3 $ s G-P w S FE a St T R R w m 0VL F r CREgCEN~ G~ CEMETFR`l N aFt'iL~~P~ 1 SS. KOU ~,~L' 4 c~O~ TQ~ aria 500 cw - ♦1 r ~ - Z 4 r. bgy F f ti 11 = W E T ' i. r R G `yI Y 6 O S1 9 C sr, $Xhi J THE F"OLLOWIN"" D 0~U M~+ NT IS OF POOR OR-tkx-tNA-L Q-UJAI,It'Y al; llqHl~lllllllllImlllllv lag x• ~ Y W t ~i Cl 1 ro O V .Q V N N e ~ 4 4 U N W O , .110 (1) to e 'YN iiU .49 j. - n' ~ W. a • f. i gil yyi v. X341 ` , , 7 c a y ~ to it, s ~ z i 1 .i r ~i iAi,M)MT aa• M y- a• W ~ i / 0. y crg p f~ppu0.19i , iG ~a,«^nuna 1 a a,..«a A, ~ _ aa^""~a 1 apwe«aa U2 NtN i`'~ Axj tlen ~Itl ~ ~i 1 1j" 1 dR d-s S 1 ~ { • 1 ~ ti~( ct lJ .+,,..m its a NOR SI ~N May 10, 1994 Wayin C. ltd Rembold "Tats, 1W. 1022 SW Seta, S%4w 850 Penland, OR 97205 Om Wayra: Per the of do PAW 2=39 Puschim and SAM Apeamon byg~ 8a~r~' . I., an Orqm , DOW. J. HOlas. SOW, for tie apprOXMW4 •y.7 1 at 10315 SW CascrAW , 7-igard, tea, Hob.- Invasuum Is w1mmiedgift 1 Id Trmt wM wA a to ii with m;pm to the rc oning of do p y to scomw . ~ Se®c~rely, . NORM, BEGGS a Sl ®N i&M Vim Preddma Cyl=W zdd,cj AGRX&D AND AC Holes In By.` s 'flue as J. ~ Daft: 3- t 2 e S~ i1t~AAISt f STRtET ~11l7F 2ta5 P09I D. OR O?M . 15031223-7161 . FAX-1603)273-02511 gatdFpa sC@ . QWAARD • SMJOU + e . LWW . MDADMMW • OVOLOW a MMUM • ifiil.6L%Fg Exhibit 4 ERROR PIMBOLD TIRUSis.•INC. April 5, 1994 Mr. Dave Larson Portland General Electric 121 SW Salmon Portland, Oregon 97204 Dear Mr. Larson: Re: Zone change for 10835 SW-Cascade Road Rembold Trusts, Inc. has entered into an agreement to purchase property which is located at 10835 SW Cascade Road in Tigard, Oregon. This site is adjacent to a site which is presently owned and occupied by Portland General Electric Company and which PGE uses for a substation. Rembold Trusts, Inc. has requested that PGE join with Rembold Trusts, Inc. to apply for a change of the present zoning for the property which PGE owns and the property which Rembold Trusts, Inc. intends to acquire. The change would be from the existing zoning which is Industrial Park District (I-P) to Commercial-General (CG). This letter confirms that Portland General Electric Company will join in Rembold Trusts, Inc.'s application for a change of zoning on the following conditions. 1. All costs of the applications, including traffic and other studies, legal and applications fees, shall be paid by Rembold Trusts, Inc.; and 2. The zone change shall not require any change in or restrict.PGE's existing use of its property as a substation. Please sign a copy of this letter indicating PGE's consent to participate in the zone change in accordance with the terms of this letter. Very trill-u yours, Way C. Rembo Portland General Electric accep and agrees to the terms of this letter as evidenced by the signature of its authorized agent below. PORTLAND GENERAL ELECTRIC BY . y Tigard.PGE4.5 1022 SW Salmon, Suite 450 Phone (503) =-7255 Portland, Oregon 97205 FAX (503) 2224053 Exhibit 4 Stud Impact Transportation Cascade Rezone r:~r.xa f; as<{.+}a~v<w'<•. x;.;,r,.c~rt~:Hx• Sam/ Cascade Boulevard :Yv{r~in}}}: ~:•,:'4j ~%::y v ~$,'.'-t'w{ i i.\}]C,i~v::v:• '~+:1'ii. ryl:}•$:~':: }:C::.k'S5^ }4 Ct ~ :fw:v~i6 6 #::a•:Jr:8:•;•n. )''R ~:.~o'~J.3:ri7~s}` 2aif~;7•"^a`'A - X4, t Tigard, Oregon I EMMINE MEMO KITT'ELSON ASSOCIATES, INC. 11 ' Nk- Transp~►rtati®n PlanningfTraffic Engineering oil i Jung 1994 rxhi::it 5 INI 11 EN in, I-0 f~ Transportation Impact Study scale Rezone SW Cascade Boulevard Tigard, Oregon Prepared for: Remboid Trust, Inc. Prepared by: Kitteison & Associates, Inc. 610 S.W. Alder, Suite 700 Portland, Oregon 97205 (503) 228-5230 Project polo.: 1235.00 June 9994 KMhk June 1994 Cascade Rezone Table of Contents Table of Contents '.erection 1 Executive Summary . . . . 1 Section 2 Introduction . . . . . . . . . . . . . . . . . . . . . . . . 3 Section 3 Existing Conditions . . . . . . . . . . . . . . . . . . . . . 6 Section 4. Traffic Impact Analysis . . . . . . . . . . . . . . . . . . . . 10 Section 5 Conclusions and Recommendations . . . . . . . . . . . . . . . . 23 Section 6 References . . . . . . . . . . . . . . . . . . . . . . . 25 Appendix A Description of Level of Service Methods and Criteria . . . . . . . . . . . 27 Klftefton & Assioci ates, Inc. N INFANUMMKIMM ` June 1984 Cascade Rezone llsf of Figures t+' : List of Figures Figure 1 Site Vicinity . . . . . . . . . . . . . . . . . . . . . . . . 5 Figure 2 1997 Base Traffic Volumes P.M. Peak Hour . . . . . . . . . . . . . . 12 Figure 3 Trip Distribution . . . . . . . . . . . . . . . . . . . . . . . 15 Figure 4 Existing Zoning (I-P) Site-Generated Traffic Volumes P.M. Peak Hour . . . . . . 17 Figure 5 Proposed Zoning (C-G) Site-Generated Traffic Volumes P.M. Peak Hour . . . . . 18 Figure 6 Existing Zoning (I-P) 1997 Total Traffic Volumes P.M. Peak Hour . . . . . . . 19 Figure 7 Proposed Zoning (0-G) 1997 Total Traffic Volumes P.M. Peak Hour . . . . . . 20 Figure 5 Recommended Mitigation . . . . . . . . . . . . . . . . . . . 22 List of Tables Table 1 Existing Transportation Facilities within Study Area . . . . . . . . . . 7 Tables 2 Accident Analysis . . . . . . . . . . . . . . . . . . . . . . 9 'c'able 3 1997 Base P.M. Peak Hour Level of Service . . . . . . . . . . . . . . 11 Table 4 Survey of Trip Generation Rates for Specialty Retail . . . . . . . . . . . 14 Table 5 Trip Generation . . . . . . . . . . . . . . . . . . . . . . . 14 Table 6 P.M. Peak Hour Level of Service . . . . . . . . . . . . . . . . . 15 Table 7 P.M. Peak Hour Oapacity Comparison . . . . . . . . . . . . . . 21 ,.rte KIttabon d Associates, Inc. tft NOME NEEM MEMO f?•{Jv {:i•{•rv~'.:~r'~?'i::j 'yr.~~,}v'•'::::::}'ii:.i$,: h~n<:~Y,.;{ii:,:?.}~ R 11y:`. .1111. 1.11 B .1. PE W. IN -:x SEEM Gv NEEM MEME MOMS ~Y. Section bME* Executive Summary ' ? ONES n'; 4 - _ ,aWifl4 - _ Jun&1994 Cascade Rezone Executive Summary Executive Summary Rembold Trust, Inc., is proposing amendments to the comprehensive plan map and zoning map for two parcels on SW Cascade Boulevard between SW Scholls Ferry Road and SW Greenburg Road in Tigard, Oregon, changing the zoning designation from I-P (Industrial Park) to C-G (Commercial General). This study presents an analysis of the potential traffic impacts associ- ated with the proposed zone change. Existing conditions and 1997 base year traffic volumes and analyses have been taken from the HalUGreenburg/Scholls Area Traffic Needs Study (Reference 1) prepared for the City of Tigard. The specific conclusions and recommendations are as follows: 0 The intersections of Cascade Boulevard with Scholls Ferry Road and Greenburg Road currently operate at acceptable levels of service per the HalUGreenburg/Scholls study. u No significant accident problem has been identified for the key intersections in the study area. Linder 1997 base traffic volumes, the intersections of Cascade Boulevard with Scholls Ferry Road and Greenburg Road are expected to operate at acceptable levels of service per the HalUGreenburg/Scholls study. • The only intersection which requires mitigation as a result of development of the site is Scholls Ferry/Cascade. This intersection can be mitigated by simply reassigning the lanes on the northbound and southbound Cascade approaches from left/through and right to left and through/right. No signal phasing changes or geometric improvements are required. It should be noted that this intersection requires the same mitigation with development under either existing or proposed zoning. ® The intersections of Scholls Ferry/SR 217 SB Ramps and Greenburg/SR 217 SB Ramps are projected to be approaching capacity regardless of the development of the site. For the Greenburg/SR 217 SB Ramps intersection, the HalUGreenburg/Scholls study has recommended the provision of two right-turning lanes on the southbound ramp and two westbound receiving lanes on Greenburg Road. Operations at the Scholls Ferry/SR 217 SB Ramp intersection can be further improved at some future time by converting the left lane of the ramp approach into a shared left-through-right lane, creating an additional lane for right-turning traffic. This will require restriping and may require some widening of the ramp to accommodate two lanes on the ramp for a minimum of 225 feet. Statewide Planning Goal 12 is satisfied, as the proposed change in zoning will not significantly affect the surrounding transportation facilities. Further, with minor miti- gation, adequate transportation facilities are available to accommodate full development of the site under the proposed zoning. Klttelson & Associates, inc. 2 BIN SEEN= I r:;}}i::?•:^'S}ih} l,•::,}irS:•i:j,•{:Si, .ice •v.~~aii:••:• 'i:f,?~SJSS gin': 4?t•'{•r' yr ~v :r:~v •a}'aF?•. +f/.•:•: {;yf X~fi:•'';}tiii;';.} ¢?ji.viC:} }4i:., Q``r :,r~a,•;}:<tirF.; i:y}:{:?i •i>:afi'j;r: '(.,i::•}i r: •''l$' 3?:i'i,':C:?iil;L} :;;5:5?frti...• a.,+,vf:+/.••tyy.•. i!"?:~y'#iwiti ^4`• /N p A?:rf ' ~i'i:?ti..; y...'.Sv.,}ti,,..}...: Y:aif ~Ff f'~rFi' '6•}' y'?'Snf/t{•%: ?!x`~cG}}~:•h~ l:iu~iw~k<t~~ Yf~%!.~}2G~idY t r~af $ f } ~ r f S MEMO ~frf • ~ } ff Section 2 f • ;sffo~,, fjf . Introduction f. f= , Eel mmism • 910 I HBO µ5: June 1994 Cascado Rezone Introduction Introduction PROJECT DESCRIPTION Rembold Trust, Inc., is proposing amendments to the comprehensive plan map and zoning map for two parcels on SW Cascade Boulevard between SW Scholls Ferry Road and SW Greenburg Road in Tigard, Oregon, from its existing zoning designation I-P (Industrial Park) to C-G (Commercial General). Access is proposed via site driveways onto Cascade Boulevard. A map showing the vicinity of the site is given in Figure 1. SCOPE OF THE REPORT This report addresses traffic-related impacts of the proposed rezone application. Specific traffic related issues discussed in this report include: i Existing land use and transportation facilities in the project study area. • Development and analysis of base traffic conditions in the study year 1997. • Trip characteristic estimates for buildout of the site under existing and proposed zoning designations. e The traffic impact and necessary mitigation measures required under both zoning scenarios for weekday evening peak hour operations at the intersections of SW Scholls Ferry Road/Cascade Boulevard and SW Greenburg Road/Cascade Boulevard. • Comparative analysis of the two zoning scenarios at the SR 217 ramp terminals on Scholls Ferry Road and Greenburg Road. • The traffic impact and necessary mitigation measures required for weekday evening peak hour operations at the site driveways on SW Cascade Boulevard. This report has been prepared in accordance with guidelines and scope set forth by City of Tigard transportation and planning staff. OREGON'S STATEWIDE PLANNING GOAL. 12 (TRANSPORTATION) Oregon's Statewide Planning Goal 12, Transportation (OAR 660-12-060(1)(a)), provides the following guideline for determining when to evaluate the function, capacity and level of service of transportation facilities with respect to proposed land use changes: "Amendments to functional plans, acknowledged comprehensive plans, and land use regulations which signif- icantly dffect (emphasis added) a transportation facility. " As will be demonstrated by the analysis presented in this report, the proposed zone change and comprehensive plan amend- ment, as well as the proposed use, will not have a significant effect on the transportation facilities (vehicular, pedestrian, bicycle, and transit) serving the site; that is, the capacity and level of service of transportation facilities will not degrade significantly with the proposed change. Therefore, as this report will demonstrate, according to OAR 660-12-060(1)(a) no further analysis or discussion of these issues will be required. Nonetheless, this report demonstrates that adequate transportation facilities are available with minor mitigation. OC alson & Associates, Inc. 4 All WASHINGTON SQUARE SHOPPING CENTER CRESCENT GROVE CEM CE~I. ~ SITE 297 SITE VICINITY REMBOLD TRUST, INC. FIGURE CASCADE REZONE 7 JUNE 1994 ' ~ o~ MEMO NONE MEMO NOME Y}k<:Y1 yy '+i•.`vj}4. S..r',r.'•:;:: ~.,5:,. >~{Ttf',3':'~~'.+';: ~~.5'.',:•4Li'~'': ,`:r?i%~~tf t.3:: .t:i a.c.; C}}rt :tlatxaa•3':` ~'f'3;c'}+«aV~.'tii R:a;+'w.•„wcai}.r.': NONE • SEEM MEMO m No MOEN ONE > k Section 3 ME Existing Conditions ~'<yz. ONION mmmm ISO Milli 1 June 9894 Cascade Rezone Existing Conditions Existing Conditions. SITE CONDITIONS AND CURRENT LAND USE The site consists of two parcels totaling 9.91 acres. The northern parcel, 2.15 acres, is currently occupied by a Portland General Electric substation; the remainder of the site, 7.76 acres, is currently occupied by an engineering and electronics manufacturing building with accompa- nying parking and storage. On the east, the site is bounded by Cascade Boulevard; the remaining three sides are bounded by Southern Pacific railroad tracks on the west, Suburban Propane on the north, and Cascade Business Center on the south. The site and all adjacent parcels are currently zoned I-P (Industrial Park). Along with businesses and industrial land uses, Cascade Boulevard serves a variety of specialty retail stores, including the Cascade Plaza shopping center, Toys 'R' Us, Levitz Furniture, and Shane Company, and recreational uses such as Malibu Grand Prix. Just east of the study area, the Washington Square shopping center serves as a regional draw for retail consumers through- out the Portland Metro area. -table I E2dsting'r ansportation Facilities within Study A en Functional Posted Speed On-Street Name Classification (mph) Sidewalks Bike Lanes Parking SR 217 Regional Arterial - 55 No No No Freeway Scholls Ferry Rd. Major Arterial 35 Yes Yes No (SR 210) Greenburg Rd. Major Collector 35 Yes No No Cascade Blvd. Major Collector 30 No No Unmarked TRANSPORTATION FACILMES A summary of the existing transportation facilities within the study area is given in Table 1. The major intersections within the study area are as follows: SW Scholls Ferry Road/Cascade Boulevard: This intersection is controlled by a fully actuated signal with protected left turns on Scholls Ferry Road and permitted left turns on Cascade Boulevard. The eastbound approach on Scholls Ferry Road has three lanes; the lane closest to the curb drops off at the intersection of Scholls Ferry Road/SR 217 Southbound Ramps. ® SW Greenburg Road/Cascade Boulevard: This intersection is controlled by a fully actuated signal with protected left turns on Greenburg Road and permitted left turns on Cascade Boulevard. The south leg of the intersection serves a motel driveway. Kivelson & Associates, Inc. 7 1101 MIKE=, EM MEMENAMEM June 7994 Cascade Rezone Existing Conditions TRANSIT SERVICE w. Although no Tri-Met bus routes serve Cascade Boulevard directly, a number of bus routes serve Scholls Ferry and Greenburg Roads with stops at their intersections with Cascade Boulevard. Scholls Ferry Road is served by Tri-Met Routes 45, 62, and the 92X express . to downtown Portland; Greenburg Road is served by Tri-Met Route 78. PEAK DOUR OPERATIONS To assess the traffic conditions at intersections in the study area, a volume-to-capacity ratio (V/C) and Level of Service (LOS) were derived for each movement that reflect how much available capacity, traffic congestion, and vehicle delay exists. This capacity and LOS analysis is based on the techniques `described in the 1985 Highway Capacity Manual (Reference 1). The volume-to-capacity ratio is a measure of effectiveness used by the transportation engineer- ing profession to quantify the degree of saturation of a facility. A volume-to-capacity ratio greater than 1.00 indicates that more traffic is attempting to pass through a facility than the facility can accommodate. For signalized intersections, a v/c ratio in the range of 0.95 to 1.05 indicates that the intersection is operating at capacity. LOS is a concept developed by the transportation engineering profession to quantify the degree of comfort (including such elements as travel time, number of stops, total amount of stopped delay, and impediments caused by other vehicles) afforded to drivers as they travel through an intersection or roadway segment. LOS is expressed as a letter grade that ranges from "A", indicating that vehicles will experience little, if any, delay, to "F", indicating that drivers will experience significant traffic congestion and delay. For signalized and all-way stop controlled intersections, LOS "D" is considered by the City of Tigard to be the minimum acceptable LOS grade; for unsignalized intersections LOS "E" is considered to be the minimum. A detailed explanation of these. LOS letter grades, as well as the criteria used to establish them, are presented in Appendix A. Existing traffic volumes were taken from a previous study of the Hall/Greenburg/Scholls area conducted by Parametrix, Inc., for the City of Tigard (Reference 2). That study reports LOS C at the intersections of Scholls Ferry Road/Cascade Boulevard and Greenburg Road/Cascade Boulevard during the p.m. peak hour. KittePs®n & ociates, Inc. 8 ~lT~ June 1994 Cascade Rezone Existing Conditions ACCIDENT ANALYSIS A review was made of accident history at the key intersections in the study area. The HaUlGreenburg/Scholls study examined accident history over a larger study area; excerpts of those findings are presented in Table 2. For the Greenburg/Cascade intersection, not reported in that study, a review was made of City of Tigard accident records over a three-year period from 1991 through 1993. As the table shows, the highest accident rate occurs at the Green- burg/SR 217 Ramps. Based on this cursory analysis, it appears that the accident experience at the intersections most impacted by this rezone application, Scholls Ferry/Cascade and Greenburg/Cascade, is suffi- ciently low to not require safety-related improvements. The accident experience at Green- burg/SR 217 Ramps is likely to improve with the improvements recommended in the Ha11/Greenburg/Scholls study. However', no specific conclusions can be drawn without a detailed analysis of accident type and severity. T'abts 2 /Accident Ans"Is3 Average Daily Average Annual AccldeantsMillion Intersection Entering Volumes Number of Accideents Entering Vehicles Scholls Ferry Rd./Cascade Blvd.' 36,050 6.4 0.57 Scholls Ferry Rd./SR 217 SB Rarnps' 34,650 4.0 0.37 Scholls Ferry Rd./SR 217 NB Off-Ramp' 25,550 1.3 0.16 Scholls Ferry Rd./SR 217 NB On-Ramp' 29,750 7.5 0.81 Greenburg Rd./Cascade Blvd. 23,350 1.3 0.16 Greenburg Rd./SR 217 Ramps' 36,400 14.3 1.27 From HaIVGreenburg/Scholis Study (Reference 1). Kittelson & Associates, inc. 9 MEMO ME ON ?•isiiiiiiifo?ta 's' i:2'i~~i~:%2•`:~i2±i S SEEM ti:~{t,; `i1 4~}~}•Y..`J{ ji'.~!:iiti;ni~t.•i,;:`%~ SEEN SEEM MENE MENE Section `traffic Impact Analysis I MEN NEEN Junea994 Cascade Rezone Traffic Impact Analysis Traffic Impact Analysis The weekday peak hour impacts of traffic generated by the proposed development were analyzed as follows: • 1997 base year traffic volumes were taken from the Ha11/GreenburglScholls study. Traffic generation characteristics for both existing and proposed zoning scenarios were estimated from published data summarized by the Institute of Transportation Engineers. a The distribution characteristics for the site-generated traffic were estimated from existing traffic patterns within the surrounding transportation system. • The site-generated traffic for both zoning scenarios was superimposed onto the 1997 base traffic volumes and assigned to the street system. ® A level of service analysis was performed for the intersections within the study area for weekday p.m. peak hour conditions. S Comparisons of impacts to capacity were performed for the SE 217 interchange ramp terminals for both zoning scenarios. ® Mitigation measures were developed to provide for smooth traffic operations and adequate storage of queued vehicles, as well as for geometric considerations. 1997 BASE TRAFFIC VOLUMES Based on discussions with City of Tigard staff, the base year traffic volumes for this study were borrowed from the Hall/GreenburglScholls study. To ensure a conservative estimate of potential background development in the region, the base traffic volumes were taken from the reported worst-case scenario entitled, "1997 P.M. Peak Hour Traffic Volume with Growth on 80%-90% of Vacant Developable Land." These volumes, after balancing where appropriate, are presented in Figure 2. 1997 BASE PEAK HOUR OPERATIONS Based on the analysis methodology described previously, volume/capacity ratios were esti- mated for the study area intersections for the weekday p.m. peak hour; these are given in Table 3. Level of service estimates were taken directly from the HalllGreenburglScholls study. As the table shows, all intersections are projected to operate at acceptable levels of service. Table 3 1999 Soso P.M. Peep Hour Level of Service . Intersection V/C LOS Schoils Ferry Rd./Cascade Blvd. 0.66 p° Greenburg Rd./Cascade Blvd. 0.71 C. L° From Hall/Greenburg/Scholls Study (Reference 1). lCmelson !i Assoclates, Inc. ?a ~ r ?g;~ s O ° O r~j ~ • O_ R- 305 455 t 0 m ~6J O. .V r}~ ~ d ~w`'„a~ ~ ~ 53S Aj } 0f- 300 roa to 217 Ar '0 `yv T6S /a (b SPS..dl iF ~R ,\oy 6 so^y>4y®S,'S 1111 Pill 1!111 13ASE TROFIC Flc~,~E 1997 N~ U R P.M. PEO C C~SCP~®E RE~~NE NINE: June 1984 Cascade Rezone Traffic Im=pact Ana"Is LAND USE ASSUMPTIONS In order to perform a comparative analysis between existing and proposed zoning scenarios, each scenario was assumed to be built out to a maximum practical level given the nature of the study area. Under the existing zoning designation (I-P), a reasonable worst-case scenario involves a site occupied by 160,000 square feet of general office space. The proposed zoning designation (C-G) allows for a wide variety of commercial and retail uses. Given the location of the site midway between Scholls Ferry Road and Cascade Boulevard and the nature of businesses in the area, a reasonable worst-case development scenario consists of specialty retail stores. This land use assumption is consistent with other retail development along Cascade Boulevard. According to Trip Generation, 5th Edition, published by the Institute of Transportation Engineers (Reference 3), "specialty retail centers are generally small strip shopping centers containing a variety of retail shops, specializing in quality apparel, hard goods, services such as real estate offices, dance studios, or florists, and small restaurants." These types of land uses are more destination-oriented than shopping centers containing supermarkets or other pass-by type of retail uses; as such, trip generation rates for specialty retail is generally lower than that for general shopping centers. Most of the existing retail land uses on Cascade Boulevard could be classified as specialty retail. Therefore, a reasonable worst-case scenario under proposed zoning involves 110,000 square feet of specialty retail. It is also important to note that the PGE substation has been assumed to be included in the area to be redeveloped. However, the substation is likely to remain in place for the foreseeable future, and thus actual buildout of the site will be less than that presented in this report. With the PGE substation in place, the developable square footage on site will reduce to 125,000 square feet of office or 86,000 square feet of specialty retail. Consequently, the level of buildout assumed in this analysis for either zoning scenario is conservative. TRIP GENERAMON Trip generation estimates for the existing zoning scenario have been calculated based upon trip rates from similar land uses that have been compiled in Trip Generation. The weekday p.m. peak hour is considered to be the most critical time period for traffic around this site because it combines the highest trip generation of the site with the highest background traffic on the adjacent streets; neither the weekday a.m. peak hour nor the Saturday midday peak hour meets both these criteria. Given the sensitivity of retail trip generation to the location of the site, local retail trip generation rates offer a more realistic measure of the trip generation potential of retail in the site vicinity. To determine these local trip generation rates, a survey was made of three existing retail sites along Cascade Boulevard. This survey is summarized in Table 4. L: Kittefson /Associates, Inc. 13 11,00 June I Cascade Rezone Traffic Impact Analysis Table 4 :survey of Trip Generation Rtes for Specialty Retail Existing Retail Sites P.M. Peak Hour Rete Per 1000 sq. ft. Silo Retail Center 1.17 Levitz Furniture 1.10 Toys W Us 3.86 Average 2.04 Using this information, the expected number of site-generated trips for each zoning scenario during the weekday p.m. peak hour is presented in Table 5. As can be seen in the table, both low and high estimates of specialty retail trip generation have been presented. To ensure a conservative analysis, the highest of the measured trip generation rates has been used for the remainder of the analysis in this report. Because specialty retail is destination-oriented and does not lend itself to pass-by trips, no pass-by trips have been assumed. TRIP DISTRIBUTION/ASSIGNMENT ANA►LWSIS Using existing peak hour turning movements and the Hall/Greenburg/Scholls study as a guide, the trip distribution -pattern shown in Figure 3 was estimated for traffic generated by the proposed development. Tablas 5 Trip Generation Trip P.M. Peak Hour Trips Generation Land Use Size (sq. ft.) Rate Total In Out EXISTING ZONING (I-P) Office 160,000 1.63 260 45 215 PROPOSED ZONING (C-G) Specialty Retail Low 110,000 1.10 120 60 60 High 110,000 3.86 420 210 210 Kfttelson & Associates, Inc. 74 Ail IT 1111111111 r a= 0 2 21T SITE a to CY , 9112", T i o N FIG RE ~ TRIP DIST rPI , INC. ' ~~P4E 189 Now, June 1994 Cascade Rezone Traffic Impact Analysis Based on this trip distribution pattern, the site-generated traffic was assigned to the streets within the study area under the existing and proposed zoning scenarios. These site generated traffic volumes are presented in Figures 4 and 5, respectively. TOTAL. TRAFFIC VOLUMES/OPERATIONAL ANALYSIS To determine projected 1997 total traffic volumes, the site-generated volumes for each zoning scenario (Figures 4 and 5) were added to the 1997 base volumes (Figure 2) to produce total traffic volumes. These are presented in Figures 6 and 7 for the existing and proposed zoning scenarios, respectively. A capacity analysis was then conducted for the key intersections and the site driveways. The results of this analysis are presented in Table 6. As the table shows, the intersection of Scholls Ferry/Cascade is expected to operate near capacity under both existing and proposed zoning. With the mitigation discussed in the next section, this intersection is expected to operate at an acceptable level of service. All other intersections, including the site driveways, are projected to operate with acceptable levels of service. Table 6 P.M. Peale Hour Level of Service Intersection Existing Zoning Proposed Zoning Signalized v/C LOS We LOS Scholls Ferry Rd./Cascade Blvd. 0.96 E 0.95 E With Mitigation 0.60 D 0.80 D Greenburg Rd./Cascade Blvd. 0.76 C-D 0.61 D Unsignslized Reserve Capacity LOS Reserve Capacity LOS Cascade Blvd./North Site Entrance 290 C 230 C Cascade Blvd./South Site Entrance 260 C 190 D To analyze the impact of the proposed zoning change on the SR 217 interchanges, a comparison was made between volume-to-capacity ratios for each ramp terminal. The results of this comparison are presented in Table 7. As the table shows, all critical intersections are projected to operate virtually the same under the proposed zoning scenario as under the existing zoning. As Table 7 shows, both intersections of Scholls Ferry/SR 217 SB Ramps and Greenburg/SR 217 SB Ramps are projected to be approaching capacity regardless of the development of the site. The Hall/Greenburg/Scholls study has recommended a number of improvements to the Greenburg/SR 217 interchange; one of these is the provision of two right-turning lanes on the southbound ramp and two westbound receiving lanes on Greenburg Road. The intersection of Scholls Ferry/SR 217 SB Ramps can be mitigated by converting the left lane of the ramp approach into a left-through-right lane, creating a double right turn. A queuing analysis using a 95O1o confidence level and an assumed vehicle length of 25 feet indicates that a minimum of 225 feet of storage per lane needs to be provided. This will require restriping and passible widening of the ramp to accommodate two lanes on the ramp for the required distance. Kittalson & Associates, Inc. 9S # 11 agg'' h d fi yy .0~a J, S h yC 00-5 t N ~17 hn SITS o~ 40 s~o s so s~~ o 1 d ~y le-al 4" S SD M N t ~yA o~ h~ pNiN~ F~~~ VOLUMES EXISTING ERATEE) TRH SITE-GENK HOUR P.M. P.M. PEA INC. zp uST. ~ 130 ~E~Q~~ '0000ow f'r t Its" O N d. O_ S N n m 8~'O "O h+9 A ~so d y° pry X30 ~P Np N JO ~ Csi ~ s Aso ING y~~so f " ° a ny~,,, ~~as CC®G MES ~~t,,tJ TRAFFIC ~ F~ PROR ERA E SITE GENE HOUR FIW ~ p.m. ~raC. VR~J0 CEp,SCMBOL ~E . RE~C~~tE III I III wool p ~ry0 pQ ~rz pop 9g _ h 303 ~ 455 a ,J~O j c~ s` - ttJ~ S .OG ♦ hh" I,~ .`t~3g0 ~.T~``~ ~l~oh0 ~ hh ri& g3S ~ir 3pg 'o h 217 ss~ 3~sv~0' 4hhCQ h hh 2Q°O h 2x q°b,h /g zoNING (I- VOLUME- EXISTI T®T kL TRAFFIC gg7 PEAK HOUR FRIGu~~ ~ • 72 C C~ E 0 TRUSTNE s~~E 199 ji WOMEN, 10,901 "Ol"i ~a h m i 3)0 _O 9 , 305 Q 01460 o AW~ •9 y6 D ~ All c ~ Y S N1.•. CC 535 1 0-330 e yy L17 b~o0 ~h~tl~~ .~-.ago ti r'D op yyos► ~s~ . a rytiy~y p '60 1 ® ZONING VOLUMES ~'R~PG T~T~►1 TRAFF~ . T Fob E 1997 NOUR REM REZO ~u~4E yr; June 7994 Cascade Rezone 7tafflc Impact Analysts Table 7 P.M. Panic Maur Capaotty Comparison 1997 Baas 1997 base + 1997 Base + . Existing Zoning Proposed Zoning Intersection V/C Vic Vic Scholis Ferry Rd./Cascade Blvd. 0.86 0.96 0.95 With Proposed Mitigation 0.80 0.80 Scholls Ferry Rd./SR 217 SB Ramps 0.95 0.96 0.98 0.81 t 0i82, 0.85, Scholis Ferry RdJSR 217 NB Off-Ramp 0.70 0.72 0.72 Scholis Ferry Rd./SR 217 NB On-Ramp 0.84 0.86 0.36 Greenburg Rd./Cascade Blvd. 0.71 0.76 0.81 Greenburg Rd./SR 217 SB Ramps 0.95 0.96 0.99 0.892 0.902 0.922 Greenburg Rd./SR 217 NB Ramps 0.81 0.82 0.82 1 Assumes recommended improvement from left lane converted to shared left-through-right. 2 Hall/Greenburg&cholls Area Traffic Needs Study (Reference 1). RECOMMENDED MITIGATION t The only intersection which requires mitigation as a result of development of the site is Scholls Ferry/Cascade. This intersection can be mitigated by simply reassigning the lanes on the northbound and southbound Cascade approaches from left/through and right to left and through/right. No phasing changes or geometric improvements are required. It should be noted that this intersection requires the same mitigation with development under either existing or proposed zoning. This recommended mitigation is shown in Figure g. 1T Kittelson & Associates, Inc. e c;# g v w SITE z'7 a~ ~d& REASSIGN LANES ON NB AND SB dd APPROACHES RECOMMENDED MITIGATION REMBOLD TRUST. INC. FIGURE CASCADE REZONE JUNE 1994 ]9128 MEMO MEME NONE NEON ~.,i:• . !.^v: -T~.w`;h. Y l'{'+l'r.•jt.~ti~S•:.'•:5 t~x•?.' `{h}h•Y'$•:: }+jC :)Y?rt.:y{ ?,.xY~~?.tea., tw.,"~.`,~•i~~fi+Y:::h{:. ix{?:~X;~YY:i NMENE ^G+t':t£wc.~C:s Si's.~i+.~~'+'' at';:>v{`~ MEMO ENEE SEEN SEEN MEMO Section 5 Conclusions and Recommendations EN ME In' f June1994 Cascade Rezone Conclusions and Recommondadons n iusi®n and Recommendations Based on the results of the traffic analysis and recommended mitigation discussed in this report, the proposed change in zoning designation from I-P to C-G can be accommodated while still maintaining acceptable levels of traffic operations and safety on the. surrounding street system. The specific conclusions and recommendations are as follows: • The intersections of Cascade Boulevard with Scholls Ferry Road and Greenburg Road currently operate at acceptable levels of service per the HaIUGreenburg/Scholls study. • No significant accident problem has been identified for the key intersections in the study area. • Under 1997 base traffic volumes, the intersections of Cascade Boulevard with Scholls Ferry Road and Greenburg Road are expected to operate at acceptable levels of service per the Hall/Greenburg/Scholls study. • The only intersection which requires mitigation as a result of development of the site is Scholls Ferry/Cascade. This intersection can be mitigated by simply reassigning the lanes on the northbound and southbound Cascade approaches from left/through and right to left and through/right. No signal phasing changes or geometric improvements are required. It should be noted that this intersection requires the same mitigation with development under either existing or proposed zoning. • The intersections of Scholls Ferry/SR 217 SB Ramps and Greenburg/SR 217 SB Ramps are projected to be approaching capacity regardless of the development of the site. For the Greenburg/SR 217 SB Ramps intersection, the Ha111Greenburg/Scholls study has recommended the provision of two right-turning lanes on the southbound ramp and two westbound receiving lanes on Greenburg Road. Operations at the Scholls Ferry/SR 217 SB Ramp intersection can be further improved at some future time by converting the left lane of the ramp approach into a shared left-through-right lane, creating an additional lane for right-turning traffic. This will require restriping and may require some widening of the ramp to accommodate two lanes on the ramp for a minimum of 225 feet. • Statewide Planning Goal 12 is satisfied, as the proposed change in zoning will not significantly affect the surrounding transportation facilities. Further, with minor miti- gation, adequate transportation facilities are available to accommodate full development of the site under the proposed zoning. T Kftt®laon & Associates, Inc. 24 g~111 11 on 1 111111- RUN li;l~i } ~ti:v v$MF v A v A,, • :j ) y+ A.: W t { ?.::i: :::i:;y;>::::iiiiy '.}:•}Y.Y{•i}}•t::i:; ti}iA:{{A:}:•}}:•} nT };::•.{TA`rTy i'Y iY ' ' h k{v 2 Y•:.} i.:\ .i.\ i h . v.. } { }v }U ti:yjv r}::. ~4}•.}:n :l ♦ : Cv :'}A t4k ? v';l x~v A .w~i$.~ctAw MENEM • A • A. :n y u S .K. v > n T. {}S L. . S•. ,L R;r v} Tv }:(nvv f.." r Y+r:: :.::>v::iii::;;{'i}:::i: :;}:n:A:ii'??{:}:i 'Sij:,j:•j;•}ii•}:$ v n r x ..k / • M: .....::........::•.........................:.r::.....}i.}:;•;:•:: ;?;'•v:>.:tkr•: ''rY~'}i. • . "i ^h A h k i y h MENEM mom I= Em ME ME No om ME ME ME Ills mom=: June 7994 Cascade Rezone References References 1. Transportation Research Board. )lighway Capacity Manual. Special Report No. 209. 1985. 2. Parametrix, Inc. Hall/Greenburg/Scholls Area Traffic Needs Study. January 1994. 3. Institute of Transportation Engineers. Trip Generation, 5th Edition. 1991. Melson & Assodata~, Inc. 26 g1m MEMO • t}tns:GF:::Git}r :2•:tii:'t~A:}~rr:• 3s:}tyor::.• jrt`c`•c: 03~`•'•.':.s r~'2i:i: Y`a' a;~4}uftt~N~: ~;~~+~?:~°•.•yV:;:`•,i:'•'%; • Syy: :M1k`•ry• 2x''~'i~f'.}n{~.: !:}rr:'~':`G.s+%:FS`t< i~x:.S}snE:. %aR::,e••',•:}hag tS:t~:.w~r:. ti{;?ay.{}:.FR:r} }'t`:: •tirr}•`.: iiF Y: {~x~~o. fi}.F;y~«• ~ri. SF;3ri.; ~[•,'F•S}}>5^i~ i'*r`{ ~r`v '5~,'tc}?.'•%: Y•~t>a:s:kui'w L.W t: ic4}7a'a,t;'<r ~S'''''.'ts::r:.s,2✓'.•s• xiu::C:f:'w•G•'4.:`.. mom. NEES momm momm ME MEMO tivw r{ .•:.T~ F~ penis.' Description of Level of Service ISO Methods and criteria Boom June 1984 Cascade (Rezone Appendix A Appendix Level of Service Concept Level of service (LOS) is a concept developed to quantify the degree of comfort (including such elements as travel time, number of stops, total amount of stopped delay, and impediments caused by other vehicles) afforded to drivers as they travel through an intersection or roadway segment. Six grades are used to denote the various LOS from A to F.1 Tabla Al Level of Service Def3nmons (Signalized Iritersections) Level of Service Average Delay per Vehicle to Minor Street A Very low average stopped delay, less than five seconds per vehicle. This occurs when progression is extremely favorable, and most vehicles arrive during the green phase. Most vehicles do not stop at all. Short cycle lengths may also contribute to low delay. B Average stop delay is in the range of 5.1 to 15.0 seconds per vehicle. This generally occurs with good progression and/or short cycle lengths. More vehicles stop than for a LOS A, causing higher levels of average delay. C Average stopped delay is in the range of 15.1 to 25.0 seconds per vehicle. These higher delays may result from fair progression and/or longer cycle lengths. Individual cycle failures may begin to appear at this level. The number of vehicles stopping is significant at this level, although many still pass through the intersection without stopping. D Average stopped delays are in the range of 25.1 to 40.0 seconds per vehicle. The influence of congestion becomes more noticeable. Longer delays may result from some combination of unfavorable progression, long cycle length, or high volume/capeciity ratios. Many vehicles stop, and the proportion of vehicles not stopping declines. Individual cycle failures are noticeable. E Average stopped delays are in the range of 40.1 to 60.0 seconds per vehicle. This is considered to be the limit of acceptable delay.These high delay values generally indicate poor progression, long cycle lengths, and high volume/capacity ratios. individual cycle failures are frequent occurrences. P Average stop delay is in excess of 60 seconds per vehicle. This is considered to be unacceptable to most drivers. This condition often occurs with oversaturation. It may also occur at high volume/capacity ratios below 1.00 with many individual cycle failures. Poor progression and long cycle lengths may also contribute to such high delay levels. I Most of the material in this appendix is adapted from the Transportation Research Board. Highway Capacity Manual, Special Report 209 (1985). Kiftelson & Assoclates, Inc. 28 !j: 1:11ii Jvne9994 Cascade Rezone Appendix A Signalized Intersections The six LOS grades are described qualitatively for signalized intersections in Table Al. Additionally, Table A2 identifies the relationship between level of service and average stopped delay per vehicle. Using this definition, a "D" LOS is generally considered to represent the minimum acceptable design standard. Table A2 Level-of-Service criteria for signalized Intersections Level of Service Stopped Delay per Vehicle (Seconds) A S5.0 B 5.1 to 15.0 C 15.1 to 25.0 D 25.1 to 40.0 E 40.1 to 60.0 F a 60.0 Khtepson Associates, Inc. 29 w 111111, lia lill !I June7994 Cascade Rezone Appendix A Unsignaiized interaaactions The calculation of LOS at an unsignalized intersection requires a different approach. The 1985 Highway Capacity Manual includes a methodology for calculating the LOS at two-way, stop-controlled intersections. For these unsignalized intersections, LOS is defined using the concept of "reserve capacity" (i.e., that portion of available hourly capacity that is not used). A qualitative description of the various service levels associated with an unsignalized intersec- tion is presented in Table A3. A quantitative definition of LOS for an unsignalized intersection is presented in Table A4. Table A3 General Level-cf-Service Descriptions for Unsignalized intersections Level of Service Beverage Daley per vehicle to Minor Street A • Nearly all drivers find freedom of operation. • Very seldom is there more than one vehicle in the queue. +r S ® Some drivers begin to consider the delay an inconvenience. • Occasionally there is more than one vehicle in the queue. C Y Many times there is more than one vehicle in the queue. • Most drivers feel restricted, but not objectionably so. D • Often there is more than one vehicle in the queue. • Drivers.feel quite restricted. E C Represents a condition in which the demand is near or equal to the probable maximum number of vehicles that can be accomodated by the movement. u There is almost always more than one vehicle in the queue. • Drivers find the delays approaching intolerable levels. F • Forced flow. • Represents an intersection failure condition that is caused by geometric and/or operational constraints external to the intersection. IQttefson & Associates, Inc. 30 June 1094 Cascade Rezone Appendix A Table A,4 Level-of-Service Criteria for Unsignalized Intersections fteeerve Capacity Expected Belay to Minor Street Traffic (pep") Level of Service 5 400 A Little or no delay 300-399 B Short traffic delays 200-299 C Average traffic delays 100-199 D Long traffic delays 01.99 E Very long traffic delays * F "When demand volume exceeds the capacity of the lane, extreme delays will be encountered, with queueing that may cause severe congestion and affect other traffic movements in the intersection. This condition usually warrants intersection improvement. The reserve capacity concept applies only to an individual traffic movement or to shared lane movements. Once the LOS, capacity, and expected delay of all the individual movements have been calculated, an overall evaluation of the intersection can be made. Normally, the movement having the worst LOS defines the overall evaluation, but this may be tempered by engineering judgment. An "E" LOS is generally considered to represent the minimum acceptable design standard. Experience with the unsignalized analysis procedure indicates this methodology is conservative in that it tends to overestimate the magnitude of any potential problems. This is especially true for minor-street, left-turn movements. For example, the Highway Capacity Manual method- ology does not take into account the effects of vehicle flow platoons that result from upstream signalization. Vehicles traveling in platoons tend to create greater gaps in the traffic flow, which sometimes provide- additional capacity for the side closest to the signal. Therefore, the results of any unsignalized intersection analysis should be reviewed with this thought in mind. Generally, LOS E for the minor-street, left-turn movement is considered to be acceptable for an unsignalized intersection, although it also indicates that the need for signalization should be investigated. Kittelson & Associates, Inc. 31 r. June 1994 Cascade Rezone Appendix A All-Way Step Controlled Intere actl®nsa There is no accepted procedure for a level-of-service analysis of an all-way, stop-controlled intersection. The procedure used for determining LOS for a four-way or three-way stop-con- trolled intersection differs from that described, for unsignalized intersections. This methodol- ogy, which is being reviewed by the Unsignalized Intersection Committee of the Transportation Research Board, uses a capacity estimation method based on headways observed at all-way, stop-controlled intersections in the western United States. The procedure incorporates several important variables, including volume distribution, number of lanes on each approach, and the percentage of right and left turns at the intersection. Intersection performance is measured in parameters similar to signalized intersections: delay, volume-to-capacity ratio, and Level of Service using a scale of "A" through "F". Approach delay on any given leg of the intersection is calculated using the following equation: D = exp (3.S x C WhereD=vehicle delay on a given approach (sec/veh) n1 SV=subject approach volume (vehicles per hour [vph]) C=calculated approach capacity (vph) t exp=base of natural logarithms . In this equation, the quantity S V/C is simply the volume-to-capacity ratio on the approach under consideration. Table A5 presents the LOS criteria for all-way, stop-controlled intersections. Table AS Level-o4-Service Definitions (All-way, Stop-Controlled Intoroactiona) Level of Service Average Daley per Vehicle to Minor Street A < 5 Seconds B 5 to 10 Seconds C 10 to 20 Seconds D 20 to 30 Seconds E 30 to 45 Seconds 6= > 45 Seconds ' 2 Kyte, Michael, Estimating Capacity and Delay at an All-Way Stop-Controlled Intersection. University of Idaho. D--part- ment of Civil Engineering Research Report September 1989. KNte►son & Associates, Inc. 32 NOVI Re: Application by Rembold Trusts, Inc. for Comprehensive Plan Map and Zoning Map Amendment on Cascade Avenue Dear I represent Rembold Trusts, Inc., contract purchaser of the property located on Cascade Avenue. The property is the PGB substation and the parcel to the south. Rembold Trusts, Inc. intends to submit a request to amend the comprehensive plan map and zoning map from Industrial Park (I-P) to Commercial General (C-G). Prior to applying to the City for this approval, we would like to meet with you to discuss the proposal. Therefore, we have scheduled a meeting on May 23 at 6:00 p.m. at the Water Department Building (corner of Burnham and Hall) Conference Room. This will be an informational meeting on the preliminary application. The application may change prior to submittal to the City. I look forward to meeting you and discussing this proposal. Please call me at 294-9194 if you have any questions. Very truly yours, Michael C. Robinson MCR:cfz Exhibit 6 i:i: Sill 511 PROPERTY 0 `711TERS `1H0 RI;CEIVvD NOTICE OF PSY 23 MEETING Mr. Thomas J. Holce Chester Robinson Trust 109 N Lotus Beach Drive Mr. William R. Robinson Portland, OR 97217 311 NW 19th Avenue, #102 Portland, OR 97209 Portland General Electric Co. Howard-Kim, Inc. 121 SW Salmon Street 10900 NE 8th Street, #900 Portland, OR 97204 Bellevue, WA 98004 Mr. George Per Fourier Fringe Land Ore Ltd. Ms. Jan Jacob Fourier PO Box 21545 109 N Lotus Beach Drive Seattle, WA 98111 Portland, OR 97217 Pargas of Portland, Inc. Ms. Mary Swintek PO Box 206 9915 SW Frewing, #23 Whippany, NJ 07981 Tigard, OR 97223 Portland General Electric Co. Mr. Mark F. Mahon 121 SW Salmon Street 11310 SW 91st Court Portland, OR 97204 Tigard, OR 97223 Mr. Ernest L. Marx Mr. Craig Hopkins Ms. Barbara R. Marx 7430 SW Varns 13627 W Sunset Boulevard Tigard, OR 97223 Pacific Palisades, CA 90272 Mr. George Fourier Mr. Joel Stevens Ms. Jan Fourier 9960 SW Ventura. Court Alan W. Larson, Trustee Tigard, OR 97223 349 W 71st Street, #1 New York, NY 10023 Obie Outdoor Advertising, Inc. PO Box 1356 Eugene, OR 97440 Ackerly Communications of the Northwest, Inc. 3601 Sixth Avenue S Seattle, WA 98134 Lanphere Enterprises, Inc. 12520 SW Canyon Road Beaverton, OR 97005 Universus 442 Glenwood Drive Oxnard, CA 93030 Exhibit 6 jig AF°1®A OF MAILING STATE OF Of MCON ) SS _ Cr[Y OF - ? "lay 5 Michael C. Robinson being duty zwoM depose and say on . 39 9 , ! to have maW to each ed t on the malted ft s nod= of a toes a develo utat 103,85 Cascade Avenue . ffi copy of whjCjj*nWjM so awLs atW and amde a pert of howl. I tint said notices wom enclosed in to said w on the date indi=ftd abo%* in the @Jt Post at Porttland. Oregon . yet postage pmpaid thereon. Signature SubscrUnd and swam to before me this ~t 'A- day of Notary Public t °a.l i My Commission Expims° h:\{0gen\j0\81fn 9-dt Exhibit 6 I at Rembold Trusts, Inc. S . T= LAt# 1S-lW-35-NW, Tax Lots 300 and 500 Address or Gernm 10385 SW Cascade AFMAVW OF POST= MCMCE Diane Laurie plan and zone map amendment affecam to I" bcaled at 10385 SW Cascade 3ouleVard I l an the 6th day of May.199 P= Fmk& kWkWM9 00 to plan and zone map amendment of a d The skjn was posmd al 10385 SW Cascade Boulevard (sue Wation on property) of 19 4 __gtjl_ day T may S and yam to, affirmed, before me ifs I ~ ` - - - day of . i 9 OFFtP,lA1, SSE ~ •t/I ;s 3A C NOTARY RY ' Pl PU .°OLILIC~a?6+'EC :6RE0Ct;; Notary Public for the Stater of Oregon ~ COMMIS-V NO. fld4fla35 My Comm mission Expires: Jr{ [My CCMPAISSa0N EXPIRES NOV. 12. 1999 Wr81; IIN SEVEN CALENDAR DAYS OF THE SIGN P®STINC, REMRN THIS AFFIDAVIT TO: City of Tigard Planning Division 13125 SW Wall Blvd. regard, OR 97223 Exhibit 6 r =OEM Lw°~ l om TC a w s1r loz - n ■ ..rte . 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RIveriovp a b r G' •wai wmma i naeaP 40 *new . oft r P v Qy ° P AiH r abr. •w mam raw i' ":;c ?ibit 7 t • Jw®h o•: • a¢ warm ep f bw l I q axmsa 3 i al till R.s Cffy OF 1 R,. C 0 CITY OF TIGARD, 13125 SW Hall,' PO Box 23397 Tigard, Oregon 97223 - (503) 639-4171. FOR STAW USE ONLY CASE NO. OTHER CASE NO'S: RECEIPT NO. APPLICATION ACCEPXED BY: DATE: - 1. GOAL INFORMATION Application elems=v aubadtted: PROPERTY ADDRESS/LOCATION 10075. SW Cascade Avenue (A) Application form (1) (between Greextwog and Scholls F'erxy) (B) Owner's signature/wTritt, TAX MAP AND TAR LOT N0. Tax Mav 1S135EB, Tax Lot 300 authorization and Tax. Icit 500 (C) Applicant's statement SITE SIZE 9.91 acres (pre-app check list) PROPERTY OWNER/DEED HOLDER* see attar sheet ~.®(D) Filing fee (t ADDRESS - PHONE Additional information for Comp: CITY ZIP sine Plan Map Amendments/Zone C1 APPLICANT* 1 ld Trusts, Inc. (E) Maps.indicating propert, ADDRESS 1022 SW Salnm, suite 450 PHONE 222-7258 location (pre-app check CITY Portland, OR ZIP 97205 (F) List of property owners *When the owner and the applicant are different. addresses within 250 fec people,, the applicant must -be the. purchaser of record (G) Assessor's Flap (1) or a leasee in possession with written authorization _(g) Title transfer instrumet from the owner or an agent of the ovuer.-wfi.th written authorization. The owner(s) must sign this application in the space provided on page two or submit a written authorization with this application. DATE DETERMINED TO BE COMPLETE: 2. PROPOSAL SUMMARY The owners of record of the subject property FINAL DECISION DEADLINE: request a Comprehensive Plan Amendment (if COMP. PLAN/ZONE DESIGNATION: applicable) from I-P to C-G and a Zone Change from I-P to C-G 13.P.0. Number: The applicant requests an amendment to the Planning Commission Approval following sections of the Comprehensive Plan or Community Development Code City Council-Approval Date:. Exhibit 8 0737P 23P ATTACMUMT TO APPLICATION FORK PROPERTY O : Tax Lot 500: Thomas J. Molce 109 N Lotus Beach Drive Portland, OR 97217 Tax Lot 300: Portland General Electric Company 121 SW Salmon Street Portland, OR 97204 APPLICANT'S LEGAL REPRESENTATIVE: Michael C. Robinson Stoel Rives Boley Jones & Grey 900 SW Fifth Avenue, Suite 2300 Portland, OR 97209 telephone: (503) 294°9194 fax: (503) 220-2480 *Please send all notices and correspondence concerning this application to Mr. Robinson as well as the applicant. PROPERTY OWNERS, AUTHORIZATION: Letters of authorization for Rembold Trusts, Inc. to make this application are attached. P=1-123966.1 23452 0001 Exhibit 8 4. l )TOEL F UV ES COLEY JONES & C REY ~L•ITE =a~u<TAXDARD I\SL RA \1: F I. ENTER FIFTH AVE\L'E ('URTL:\\D. OREGON 47204-12mm L Jhli LJ7.'IYrf ie;eT ~U3i;i K'rrter•a Direct Dm! V•umt•er (503) 294-9194 August 1, 1994 VFA SSEN" Ndr. Will DI 'Andrea Plan r city o Tigard Planning Department 13125 S Hall Boulevard Tigard, 97223 Re: Supplemental Justification for CPA 94-0003/ ZON 94-0005 Dear Will: The purpose of this letter is to supplement the application by providing additional evidence and argument demonstrating that Tigard Community Development Code ("TCDC") 18. 22.040 (A) (4 ) and Tigard Comprehensive Plan ( FFTCPEF ) Policy 1.1.2, Implementation Strategy 2, are satisfied.' 'TCP Policy 1.1.2, Implementation Strategy 2, permits comprehensive plan reap amendments if: Fla. The change is consistent with applicable plan policies; tob. A change of physical circumstances has occurred since the original designation; or loc. A mistake was made in the original land use decision." This supplemental justification addresses the "change" and tEmistake" requirements. The application has already justified a finding that the change is consistent with applicable TCP policies. (continued...) PD=-131666.1 23452 0001 • 1 rORTLAND. SEATTLE. BELLEVUE. VANCOUVER. BOISE. SALT LAKE CITY. NASHINCTO` OREGO!: wASNINGTO" WASHINGTON WASHINGTON IDAHO I. TAM DISTRICT OF COLL TIBIA ~TCIEL i~1VE; DOLEN K.IN -r ES \EY r r. Mr. Will D'Andrea August 1, 1994 Page 2 TCDC 18.22.040(A)(4) provides as follows: "Evidence of change in the neighborhood or community or a mistake or inconsistency in the comprehensive plan or zoning map as it relates to the property which is the subject of this development application." 1. Ey ymucE OF C~d4N E IN TF NEIGREORHOOD.. The City annexed this site and the surrounding area along Cascade Avenue from Washington County in 1981. The county zoning designation was Industrial, Fed-1. The City imposed an equivalent zoning designation, I-P. A City of Tigard Planning Department 1987 study of the Cascade Avenue area identified zoning and land uses at that time. Eighteen of 25 lots on 40.95 acres were zoned-I-P. The remaining 12.94 acres were zoned C-G. Study at 1. See Exhibit 1. The study identified 17 businesses along Cascade Avenue. See Study, Attachment C, "Businesses Surveyed." Nine of the businesses were industrial. Id. a. Past Land Use Decisions Have Recognized the Need for and Support of Commercial Zoning Designa- tions. Comprehensive plan and zoning map amendments since annexation have reduced the I-P zoned area to the lots along the middle part of Cascade Avenue. (1) ZC 16-80, 1980, 8.23 acres: changed the Portland Chain property (now occupied by Levitz Furniture and Toys R' Us) to C-G. The staff report stated: "This [C-G] request seems reasonable because of the area and what is presently 1( continued) Based on TCDC 18.22.040(a)(4) and TCP Policy 1.1.2, Implementation Strategy 2,.if the City finds that the plan map change is justified by consistency with applicable plan policies, TCDC 18.22.040(A)(4) will be met because the I-P zoning will-be inconsistent with the C-G map designation. PDXI-131666.1 23452 0001 MEN= ,~Tt_')EL'IVES DOLE IL)\ES & ~:-REY Mr. Will D'Andrea August 1, 1994 Page 3 taking place on other parcels along Cascade. Power Rents is close to retail, the difference being that what is taken off the property is returned. PARGAS has a small retail operation. Franz Bakery has a retail outlet also. 112 (2) CPA 91-0004 ZON 91-0007, 1991, 1.1 acres: changed the Tigard Times property (now The Shane Company) to C-G. While the staff report described this site as an "I-P island," and," the report also noted: " . . the larger land area in the vicinity of the subject property at the Highway 217 and Scholls Ferry interchange is zoned and developed for general commercial uses and the subject property is no longer an appropriate location for Light Industrial development. "When the subject site was annexed into the City, the site was given the Tigard zoning designation which most closely matched the original Washington County zoning designation. However, the effect of the previous 8.23-acre zone change from 1.17 C-G, which occurred in 1980, is that a land use pattern had been created whereby the newly zoned subject site would not fit the existing land use pattern. In effect, an I-P island surrounded by commercial uses had been created. It appears that a C-G designation would have been a more appropriate designation when the Pronerty initially received a city zone." (Emphasis added.) (3) SDR 92-0008, 92-00 33.. and 94-00Q5: Three site development approvals have allowed the expansion and improvement of Beaverton Honda, including a 12,000-square-foot showroom and-warehouse facility. 2PARGAS is now Suburban Propane; Power Rents is now Beaverton Honda. PDXI-131666.1 23432 0001 1:1101 J INS= q OEM STOEL RIVE4 RAE4 X )N E; C~ CREY Mr. Will D'Andrea August 1, 1994 Page 4 The various land use actions since annexation have propelleda change in the area's uses and character from Industrial to Commercial. b. The Majority of.Uses Are Now Retail or Service, Not Industrial. Since the 1987 study, the number of industrial-uses. has declined from 10 to 9. ee Exhibit 2, Applicant's July 25, 1994 land use survey. New retail uses established in the I-P zone since 1987 include Beaverton Honda (replaced Power Rents), Office Depot and Designers Choice Furniture. New retail uses in the C-G district at the north end of Cascade Avenue include The Shane Company. The area along Cascade Avenue that the City surveyed in 1987 now contains 7 commercial uses and 8 industrial uses. See Exhibit 3. The Cascade Avenue and Greenburg Road intersection at the south end of Cascade Avenue is anchored by C-G zoning. A BP service station is on the northeast corner and a shopping center is on the northwest corner. The 1987 study identified 629 employees in 17 businesses. Sentrol employed 220 employees. C-G zoned businesses employed 94 people and I-P zoned businesses employed 535. Sentrol is now vacant and the Tigard Times building (now The Shane Company) is zoned C-G. The I-P zoned employment is now likely below 300 employees.while C-G, zoned employment is likely above 100. If retail uses within the I-P district are considered, the ratio of I-P to C-G employees is likely much closer. Moreover, many of the new businesses established in the I-P district since 1987 are retail, not industrial, uses.' These changes indicate that'the demand for the area is for retail, not industrial, uses. The industrial businesses that have remained in the area are "site dependent" (the PGE substation, which is difficult to move and Suburban Propane, 'Beaverton Honda, Designers Choice Furniture and Office Depot. PDX1-131666.1 23452 0001 ~T(-')EL KIVES CIOLEI J0NE~ & C.REY Mr. Will D'Andrea August 1, 1994 Page 5 which requires rail access), are located on the single site which is developed in a manner as anticipated by the I-P .district or are not "real" industrial park uses (Safeguard Mini-Storage and United Van Lines). Along Cascade Avenue (between Scholls Ferry and Greenburg), there are 8 commercial uses and 9 industrial uses. See Exhibit 2. While industrial uses have declined, commercial uses have increased. This represents a major change since 1987. C. Market Demand in the Area Is for Retail Use. Chris Johnson is a real estate agent who is familiar with the properties on Cascade Avenue. His letter demonstrates that most potential users for this site have been commercial, not industrial. fee Exhibit 4. d. The Sentrol Building on the Site Is Not Needed for Industrial Use and It Underutilizes the Site. Exhibit 4 demonstrates that there is no demand for this vacant building for industrial use. The rear of the site, behind the building, is paved for non-parking use. it is unused and, unless an industrial use were to require unscreened, outdoor use, it would continue to be unused. e. Transportation Changes Have Occurred in the Area. The 1987 study identified transportation as an impediment to C-G zoning. The Cascade and Greenburg intersection has been signalized since 1987. The applicant's traffic study identified no transportation problems at either intersection on Cascade Avenue. The City Engineer concurred with this conclusion. CONCLUSION• Because of the zoning, land use, employment and transportation changes in the area, I-P zoning is no longer justified on, this site,- P=-131666.1 23452 0001 l, 1211,11,11,111 ST(l RIVES R_')LE~ JONES i:- CREY Mr. Will D'Andrea August 1, 1994 Page 6 2. EVIDE:NCE OF MISTAKE IN THE CO PPLEHENSIVE PLAN AND ZONING ASAP a. The Area Is Not Appropriate for the I-P or Industrial Designations. The 1991 comprehensive plan map and zoning map amendment decision acknowledged that this area or part of the area should not have been designated for -industrial uses. See CPA 91-0004/ZON/91-0007. Moreover, the purposes of the I-P district as described in the TCDC and TCP are not met by this area : ` (1) TCDC 18.68.010(A)(1). The area does not contain a combination of industrial uses that support one another. The area is anchored at either end by free-standing retail uses that are unrelated to the few remaining industrial uses. (2) TCDC 18.68.010(A)(3). The area does not contain common design features. Only one industrial structure exists which fits the I-P purposes. The area contains no unifying landscaping, architectural or signage features. Sidewalk improvements are sporadic. .Further, because the i ownershir pattern is not unified, such features are impossible to require. (3) TCDC 18.68.010(A)(7). No internal circulation system exists. The area is too narrow to develop a street system independent of Cascade Avenue. (4) TCDC 18.68..010(A)(8). No complete set of preimposed restrictions exist. None are possible because of the non-unified ownership pattern. b. Property Vacant in 1987 Is Still Vacant Seven Years Taater. The two vacant parcels in 1987 are still vacant. New uses established since 1987 in existing buildings have largely been retail uses. The largest'industrzal building (located on `TCP Policy 12.3.1, Implementation Strategy 2(a)-(c), lists many oi,the same 9 purposes found in TCDC Chapter 18.68, "Industrial-Park. District." PDX1-131686.1 23432 0001 R, I Ill 101 1: ~T(-')EL RIVE, COLE' 1LES & ,r\ EY Mr. will D°Andrea August 1, 1994 Page 7 the subject site) is now vacant. The plan and zoning designations are a mistake because they have not encouraged I-P development and have discouraged development of vacant parcels. C. Rail Access Is N Important to this Area. The only rail user is Suburban Propane. None of the other uses require or use rail transportation. The spur line to another property have been removed. While TCP Policy 12.3(5) calls for industrial land designations to "take advantage of existing transportation facilities," industrial land use is not needed at this location to take advantage of rail facilities. d. Industrial Land Protection Not Needed. This site does not require I-P zoning to protect industrial land as called for by TCP Policy 12 3(3). The Sentrol site is vacant and the trend in this area is from industrial to retail uses. Moreover, the C-G and I-P districts have similar uses, dimensional requirements and require site design review. Moreover, the I-P district lists 24 permitted commercial uses. TCDC 18.68.030(A)(2). In fact, retail sales are a permitted use if not in excess of 20 percent of the square footage*of a development. TCDC 18.68.030(A)(2)(o). This ensures that C-G development on the Sentrol site will not interfere with existing industrial uses. PGE, a party to this request and adjacent to the Sentrol site, believes that thi°. N:, :..:3. ba the case or it would not have joined in the request. e. The Major Stable Industrial Use Is Not Characteristic of the Larger Area. One development on Cascade Avenue contains a "typical" unified I-P development. The rest of the area has not developed and cannot develop in a similar manner. This is evidence that the plan and zoning designations for the area are mistaken. PDX1-131666.1 23432 0001 ~;T(_-)EL i\K)LEI ES t~ CREY Mr. Will D'Andrea August 1, 1994, Page 8 f. The Original City Designations Are Not ,justified. The only reason that this site and the larger area are zoned I-P is because the City applied a similar zone to the Washington County zone when annexation occurred. The City is, therefore, maintaining a zoning designation established more than 14 years ago, by a different jurisdiction and with a now- different land use pattern.5 In fact, the 1987 study noted that the City of Beaverton zoned land on Cascade avenue for commercial use, not industrial use, upon annexation which would have matched Washington County's designation. Finally, the 1987 study noted that a concentratian of retail uses might ice vehicle trips. This supports TCP Policy 12.2(5), encouraging the reduction of number and length of vehicle trips, CONCLUSION: The original comprehensive plan and zoning map designations on this site are mistaken because they are not required by the TCP nor do they reflect the development pattern in this area. Because of the land use and transportation changes that have occurred in the area since annexation, because there is no strong policy justification for I-P zoning on this site and because the area cannot fit the I-P characteristics, this request to change the plan map and zoning designation from Industrial (I-P) to Commercial (C-G) should be approved. Very truly yours, Michael C. Robinson MCR:cfz cc: Mr. Wayne Rembold Mr. Loy Rusch Mr. Steven Preece Mr. Dick Bewersdorff Ms. Carol Lansman gWashington square Shopping Center, the major land use in the area, opened in 1974 and the Burlington Cascade Plaza opened sometime later. PDX1-131666.1 23652 0001 a r. RON= EXHIBITS Exhibit 1 1987 City of Tigard Study Exhibit 2 July 25, 1994 Land Use Survey by the Applicant t . Exhibit 3 Comparison of Uses in I°P District Exhibit 4 July 29, 1994 Letter from Chris Johnson to Steve Preece PDX1-131666.1 23452 0001 CASCADE STUDY Planning Projects Division April 1987 . r EXHIBIT 1 CASCADE STUDY The purpose of this study is to evaluate the Cascade Area for determination of the most desirable zone designation. The area has developed with industrial uses over the years and is now zoned predominately Industrial Park (I-P). Recently there have been requests from individual property owners for changes in the zoning designation on specific lots to allow more commercial type (retail) uses. In the summer of 1986, Earl and Barbara Marx requested an amendment to the City Code that.would have changed the allowable uses in the I-P zone. The amendment would have allowed them to put a retail use (furniture store) on their property at 10500 SW Cascade Boulevard which is presently zoned I-P. The request for amendment was denied by City Council. At that same time, Council requested City staff to conduct a study to determine if this area should remain zoned I-P or the area would be more appropriately rezoned C-G. It was decided that rather than consider each property individually, it would be appropriate to study the area as a whole and make a decision on the zoning for the entire Cascade Area. CASCADE AREA For purposes of this study, "Cascade Area" is defined as that area bounded by Highway 217 and Greenburg Road on the east, Scholls Ferry -Road on the north, the Southern Pacific Railroad right-of-way on the west and the southern boundary of properties fronting Cascade Boulevard on the south. (Attachment A) There is a total of 53.89 acres within the Cascade Area. Of that total, 33.76 acres are west of Cascade Boulevard and have access to the Southern Pacific Railroad. There are seven lots for a total of 12.94 acres or 24% of the overall acreage zoned General Commercial (C-G). The remaining eighteen lots covering 40.95 acres (76%) are zoned Industrial Park (I-P). The commercially zoned properties are concentrated at either end- of Cascade Boulevard near the intersections of Cascade Boulevard with Scholls Ferry Road and with Greenburg Road. Zoning surrounding the Cascade Area is C-G to the southeast, and I-P on the west and southwest. The north is bordered by Beaverton and is zoned commercial. The east side across Highway 217 has just been annexed into Tigard and has yet to be rezoned by the City. -DEVELOPMENT OF CASCADE AREA A ^small area near the Cascade Boulevard/Greenburg Road intersection is and has been zoned commercial since its annexation to Tigard in 1972. With this exception, the Cascade Area has historically been zoned industrial. The bulk of the Area was annexed to the City of Tigard in June 1981. At the time of annexation,,. the zone was changed from Washington County M-1 (Industrial) to Tigard M-4 (Industrial Park). A council finding of that annexation states: "The territory is substantially developed with industrial uses. There are some vacant lands suitable for industrial development." fill Ili In July 1981, immediately following annexation, Portland Chain/Toys R Us was granted a zone chango from M-4 to C-3 (Commercial General), for property located at the far north and west part of the Cascade Area. City staff report to the Planning Commission states that the area is a well established industrial zone and will not eventually go commercial. There was also Planning Commission discussion suggesting that, given the surrounding land uses, this zone change would not set a trend. The 1.11 acre area north of Cascade Boulevard at its intersection with Scholls Ferry (Times Building) was annexed into Tigard in October 1985. Upon annexgtion, this property was rezoned from Washington County MA-1 (Industrial) to Tigard I-P (Industrial Park). One other change of zone from industrial to commercial has occurred within the Cascade Area. In 1985, the property south of Cascade Blvd. at its intersection with Greenburg Road, formerly MAPCO, was granted a zone change to C-G. In 1986, the Portland Chain property, north Tools R Us, which was rezoned commercial in 1981, was developed as a furniture s ore Levitz). DEVELOPMENT OF SURROUNDING AREA In records of zone changes and proposed zone changes within the Cascade Area, emphasis is placed on the proximity of Washington Square as a reason that commercial (retail) may be the best use of those particular properties. Since Washington Square opened in the Spring of 1974, there has been a general increase in commercial type activity adjacent to the mall. One area that has experienced commercial growth is Cascade Avenue between Scholls Ferry Road and Hall Boulevard, within the City of Beaverton. This area is of particular interest for the study because of its similar locational characteristics in respect to Washington Square and Highway 217. The lack of a traffic signal at the intersection of Cascade Boulevard with Greenburg Road makes access to the Tigard Cascade Area somewhat more difficult. The area also differs from Tigard's Cascade Area in that the zone was changed from industrial to commercial upon annexation to Beaverton approximately 3 years ago and that there is only one established industrial use in the area. .A visual survey of the C--zcade Avenue strap revealed that with the exception of View-Master, a long established industrial use, Malibu Grand Prix, an entertainment facility, and Benihana, a restaurant, every building either had space for lease or was vacant. According to a Portland Business Today story (1/27/87), Loehmann's Plaza, a shopping mall, was 62% occupied at that time. The article mentioned that one possible reason for the high vacancy rate could be the mall's location. It was noted that Loehmann's sign is visible from the freeway, but not from an exit. Consequently, Loehmann's is easy to see from the freeway, but is difficult for customers that are unfamiliar with the area to find. Any business within Tigard's Cascade Area would face a locational constraint similar to that of Loehmann's. In fact, Toys-R-Us currently has a non-conforming off site sign at the Cascade Boulevard/Scholls Ferry Road intersection for visibility from the freeway exit. (Off site signs are not allowed under present Code regulations). Highway 217 and the Southern Pacific railroad act as bai^riers to east--west travel; therefore, it is unlikely that there will be additional access points to the Cascade Area in the future. IN NI'l PUBLIC INPUT A zone alteration proposal should not be considered until all potentially affected parties have had a chance to voice their opinion(s). Contact with interested citizens was carried out through two avenues. Property owners were identified using Washington County tax records. Each of the nineteen property owners within the Cascade Area was mailed a letter (1/23/87) requesting comments on a possible zone change. (Attachment 8) Response to the letter was requested by mid-February. Five written responses and gne telephone response have been received. One response was from Ernest Marx, who supports a~ change to C-G zone. Four other- responses were from vangas, Inc., Carol Pinger (Sylvania Lighting Services property), Universus, Inc. (Safegard Mini-Storage property) and George and Madeline Fourier (one vacant lot, Mayflower Moving & Storage and Capital Tire property) who each oppose a change of zone. Siemens, the other respondent, has no opinion regarding rezoning. However, Siemens asks that they be "grandfathered" if a rezoning should occur so that future expansion would not be restricted. (If the area was rezoned to commercial, industrial uses would become non-conforming thereupon expansion would not be allowed.) Business people (owners or managers) were contacted either by telephone or in person. A total of seventeen business representatives were asked a series of questions (Attachment Q. The questions were designed to identify locational advantages/disadvantages, future plans and support or opposition to a possible change in zoning to commercial. The locational advantages mentioned most often were access to freeways (11) and central location (9). Disadvantages most often voiced were traffic congestion (8) and no disadvantages (7). Five businesses expect to expand at their Cascade location while twelve foresee no expansion in the near future. Only three businesses expect to relocate in the future. On the question of changing the zone to commercial, four businesses favored a change, six opposed a change and seven felt that a change would not affect them. The seventeen businesses with-in- the Cascade Area have a total of 629 employees. The businesses range from two employees to two hundred twenty employees (Sentrol). Commercially zoned businesses employ 94 while I-P zoned businesses employ 535. MARKETING There was no consensus concerning a possible zone change among area realtors, but a majority felt that, eventually, the area would be commercial and cof me-rc is was probably the best use for the area. One reason cited was the increase in property values because of the proximity of Washington Square. It was also noted that there is presently an excess of office space throughout the Portland metropolitan area. Many realtors said that they thought area property would be easier to market if it was zoned commercial. However, realtors who are presently marketing available industrial property within the Cascade Area said that there has been some interest in the various properties. :1 MINOR!% TRANSPORTATION The Cascade Area is served by Cascade Boaleva-•r. which is classified as a major collector on the Comprehensive Plan Map but ~•.a little shoulder and few curbs or sidewalks. Feeding Cascade Boulevard on it, south is Greenburg Road which is also a major collector. Access to the ;,u•th is via Scholls Ferry Road which is classified as an 'arterial. Access i.: Iighway 217 is within 400 feet on both Greenburg Road and Scholls Ferry Ro-ya The intersection of Cascade Boulevard and Scholls Ferry Road is controlled by a signal while the Cascade Boulevard/Greenburg Road intersection has only a stop sign on Cascade. The Cascade/Greenburg intersection was identified as a problem by six of the seventeen business representatives surveyed. The Southern Pacific Railroad is currently be-ng used by only one business (Vangas) but is an available source of transportation for adjacent properties. The nearest public transportation is a Tri-Met stop on either Greenburg Road at Shady Lane (#78) or Scholls Ferry Road at Cascade Boulevard (/#45). According to the City Engineer, commercial development typically generates more traffic than industrial development, especially during the afternoon peak period and on weekends and holidays. He would expect commercial development in the Cascade Area to have more severe impacts on the Cascade Boulevard intersections with Scholls Ferry Road and Greenburg Road than would industrial development. Since a thorough transportation/traffic analysis would require an outside consultant to be hired at a cost to the City, it has not been done at this time. If a zone change were proposed for the entire area, a traffic analysis may be necessary. RELEVANT CODE SECTIONS Standards for acceptance or denial of zone changes include evidence of change in the neighborhood or the community or mistake or inconsistency in the Comprehensive Plan or zoning map as it relates to the property which is the subject of the application. (18.22.040(4) and 18.30.120(b)(1)). With the exception of a small area presently and historically zoned commercial, the records clearly show that this area was consistently zoned industrial. The zone changes that did occur were for specific sites close to either Greenburg or Scholls Ferry and meant not to set a trend for the entire area. According to available evidence, there was no inconsistency or mistake made in the original zoning. Concerning evidence of change in the surrounding area, it can safely be said that there has been change. However, the change that has occurred since annexation to Tigard and the original zone designation, has not been as dramatic as one might think. At the time of annexation, when determination of this area was made, Washington Square had been in operation for approximately seven years. The development of Cascade Avenue in Beaverton and its vitality is of-more relevance for determination of surrounding change. r Ulm= MEN= in addition, Section 12, Locational Criteria, contains relevant passages. 12.3 INDUSTRIAL The intent of the Industrial land use designation is to: 1. Provide for the designation of suitable lands for industrial use. 2. Provide for economic growth and development. 3.. Protect existing and potential lands suitable for industrial development from encroachment by non-industrial or incompatible uses. 4. Provide land for industrial use by type to minimize the impact on surrounding development. 5. Take advantage of existing transportation facilities. Of particular interest to this study: (2) Economic development is a high priority both in Tigard and the region. (3) Protection of industrial land. (5) Eight of the industrial users in the Cascade Area mentioned access to freeways as an advantage of their location and one business stated that access to rail was vital to business. 12.2 COMMERCIAL The Comprehensive Plan provides for four types of commercial development: neighborhood, general commercial areas, professional commercial and the central business district. It is the intent of plan that: 1. Commercial areas be planned at a scale which relates its location, site.and type of stores to the trade area to be served. 2. Surrounding residential areas be protected from any possible adverse 3 effects in terms of loss of privacy, noise, lights and glare. s. Commerciaai ceFiver=s bind uses be aesthetically attractive and landscaped. 4. Ingress and egress points not create traffic congestion or hazards. 5. Vehicle trips be reduced both in terms of the length of vehicle trip and total number of trips. 6. The central business district is not included in the locational criteria because there is only one designated area. Of the particular interest to this study: (1) The determination of suitability of this location for commercial development. (4) There is a traffic congestion problem, either real or perceived, in the area now. Specific access criteria for General Commercial states: The proposed area or expansion of an existing area shall not create traffic congestion or a traffic safety problem. Such a determination shall be based on the street capacity, existing and projected traffic volumes, the speed limit, number of turning movements, and the traffic generating characteristics of the various types of uses. (5) A concentration of commercial activities could reduce the number of vehicle trips if shoppers can purchase more of their needs in one area. Other, more specific standards, would come into play if a zone change is purposed. ECOIN MY Another potential impact of rezoning concerns the economic contributions of commercial versus industrial activities. Such factors as job retention or creation, job quality, and effect to the monetary health of the local and regional economy are important when considering the most desirable use of property. For example: Siemens, Durand-Raute and Computer Forms Imprinting each said that a large percentage of their goods are sold outside the region. These "exporting" industries bring new money into Tigard and northwest Oregon. Conversely, since most retail uses sell a high percentage of their goods to local customers, money is recirculated within the region and there is only a very small influx of money from outside the region. The Comprehensive Plan Report on the economy statr3 (p. I-144): "...locations along either side of high .y 21: will be developed for industry and offices providing employment opportunities for the region as a whole." While an in-depth economic analysis may be beyond the scope of this study, it is important to acknowledge the differing economic benefits of the various uses to the City and region. SUMARY This study has investigated historical information, locational characteristics, surrounding activity, transportation issues, response from affected parties and relevant Community Development Code sections. Records of past decisions affecting zoning within the Cascade Area show that there was a desire to maintain this area for industrial uses. The properties that have been changed to a commercial zone are located near either Greenburg !!,III! III! ',I y IN&IIII 111111 I~ III Road or Scholls Ferry Road. Many comments made during hearings for these zone changes indicate that a commercial zone designation was appropriate only for the site in question, not for the entire area. Proximity to Washington Square appears to be a locational advantage for consumer oriented retail activities. However, a closer look may show that if consumers cannot sea a store or a sign for that store once they are off the freeway, they will not shop there. The high vacancy rate of Loehmann's Plaza is important because it has similar locational characteristics to those of the Cascade Area. It is also important to note that, while visibility may not be an advantage to industrial uses, proximity to the freeway system can be very important. Access to the Cascade Area is via Cascade Boulevard from either Greenburg Road on the south or Scholls Ferry Road on the north. Generally,, a change to more commercial activities may increase traffic in the area, especially effecting the intersections used to enter/exit the area. A transportation/traffic study should be conducted if a zone change is proposed. A change of zone is supported by one property owner and four businesses but four property owners and six businesses oppose a change. The remaining eight respondents indicate no preference. Twice as many potentially affected parties, that voiced an opinion, preferred that the zone remain Industrial Park. The Community Development Code locational criteria states that one of the intents of the industrial zone is to protect existing industrial lands from encroachment by non-industrial uses. It also states that the industrial lands should provide economic growth and development. These passages are important in that Cascade is an existing area and its disruption could have potentially harmful economic consequence. CONCLUSION The Cascade Area is an established, functioning industrial area. While suitable expansion of--commercial areas can be beneficial, retention of established industrial uses is very important to the region. The results of this study show no compelling reason to change the zoning designation within the Cascade Area. 2977P/0046P t n F, 0, 111 mill: 1 1 'Dar r eeSO I7 xi 6 Di 1 v •s. r m oa ~ 0 a EO ti Nl C8 'ie 6 yy ~ ~ , D !1'4p~g~0 S J If l ~ I 9 1 1! i ~e'm I c~ f3 { ~ gg~ ee s DD'p t 1'auat'laesmt ~ ) ~ V \ 1 y \ ,p 2 j S~, 4V C~\v i i 1_ L t - - ° - - ILA i { a i I { 1 I 9 { { t-- j t sr ' e~1ta TIGARD d N fn rr m a 7 e Eg S j $ w ~r l re 00e1 1 007 aamese s us I fit 1 'q'6 1 P January 23, 1987 ORS N 25 Yom of S 9989-49&3 RE: Tax Map 1S1 , Tigard, Oregon The City of Tigard has recently received requests for zone changes in the Cascade Industrial area. This area is now zoned predominantly Industrial Park (I-P). In response to zone change requests, the City of Tigard is conducting a study as to the appropriateness of the I-P zone in the entire. area. The study will determine if the area remains I-P or is more appropriate as a General Commercial (C-G) zone. 'Since you are listed as a property owner, your comments or suggestions will be appreciated. Your comments should reach me by mid-February for full consideration. It has also been suggested that this area could benefit from signs indentifying it as a distinct "area" (es. Cascade Business Park). The signs would be located near the Cascade/Greenburg and Cascade/Scholls Perry intersections. The City of Tigard is prepared to acquire sufficient right-of-way for the signs. Please contact me before February 10, 1987 if you are interested in the signs'and are willing'to share in the funding of the signs. Sincerely, John Acker Assistant Planner JAscn/O484W 13125 SW Hail Bbd. P.O. Box 23397, Tigard, Oregon 97223 (503) 639-4171 f CRESCENT envi MALL CEMETARY ®0d~ h gs`~ COL L ~ ~ 81/31iCE8S 1 CENTER n m i sx. > o PROPERTY OWAM 3-Carol Pinger* •j b-Ernest & Barbara Marx* C-General Telephone Co. d-George & Madeline Fourier, P f e-Guard Publiahing Co. f-Paulsons Floor Coverings 'O 9-Irwin Schimmel h-Levitz Furniture Co. f-Hobil Oil Corp. I - Pargas of Portland, Inc.* ft - Portland General Electric • . f - Richard Radel M-Roger Belanich n-Sieaeas-A11is, Inc.' O -Southland Corp. P-Thomas Holce q -Toys R Us, Inc. r-United States Bakery 8-Universus, Inc.* *Have responded to a letter of inquiry XW:Ilj IM SURVEY CUESTSdNS 1. What is your business activity? a. Number of employees? 2. What do you consider advantages of this location? 3. What do you consider disadvantages of this location? 4. Do you anticipate any expansion in the future? 5. Do you anticipate relocating in the future? 6. Do you feel that a change in zoning designation would hurt your business? 7. Do you have an interest in signs at either end of Cascade Blvd. that would identify the area as a distinct location such as Cascade Business Park or ? a. Would you be willing to share in the funding in the signs? 2977P OEM VA"OTOW l 1 CMSCENT GROVE MALL CEMETARY do dw~ ~p o 5G Tr ZOLL easiness ~u CENTER s i H J r + G ro + o E s. r Lq. BUSnMSS_ES stmVEM, _ q K • X-Center for Lmploymdut Trainin B-Computer Forms Imprinting -Durand-R sate ~StA... / -ft -Farmers Insuran F-Levitz G-Mayflower Moving & Storage ~R~da '?~eraelectronica, lac I -Power Rents J-Safegard Mini Storage ° . .as L-Siemens Rngergy & Automation, Inc. -Sylvania Lighting Services The Other Guys Ines Publishing Co. -Toys R Uz CAl AMU -a-Bangaffi, Inc. } VACANT LAND EMBER= 11 113 ii 12, lij 19 Date: 2-1:$ /T7 Name of Business: cem4s, PAev, d Yo-11%11 5 Name of person contacted: Jr iSojv-N Ct0.Yk Business activity. Number of Employees: to Locational advantages: -&2~Q 40 0,1 S Locational disadvantages: ~av\ C` to+ Cb-Y, e-l- Expansion• h1~ Relocation: Yes Comments on zone: iGAP COc - c~ Interest in signs: A. Other comments: r~. ~4c~v'VC.~ ~e ~lUc Mr•~ p,, 2977P I M, 5 IS M 2: OEM LIP Name of Susiness : 4 "I"-f e", Name of person contacted:-3e b cv%O-*"-• Business activity: `-Py-tY\- Y, Number of Employees: 17 t_ocational advantaQes :4,q4~K C7 ~4~ A ~„y r iLocational disadvantages: "-t-v-O kwdl paVL a-, Excans ion: \/,P-$ ° ill lle4e / O-C Y\O+ i erg a4ea, , $ ar. pVaa., 0 Relocation: Comments on zone : Interest in signs: 40 bu at Other coffinents: a-r•> GweZ%"pu.-z ;RAI 2977P Name of Busimes9: Gtv=n Ns~ma of Berson contacted `ben k- Business activity wa"e.A , 4 ssaje4 Number of Employees Locational advantajes: Acr_e~~ - r jca~ CPIA): Locational disadvantages: GTE jS Erns ion: jeJO Relocation: dkiCy Comments on zone: lrc oc or'Yo 'p- ..r~. C:~ Interest in bl)C) Other, comments: A 1~+~eg~ ~t®2,c`Y'_ 2977P III gill; at~: Name of Business: ~~r►h.$ „~voSu.v E~ame of oarson contacted : Business activity: Number of Employ s: r Locational advantages: V15IE Locational disadvantages: ~1® Exgans ion: AV Relocation: t36 jc~ Comments can zonEa: 067-- t UUItrY`~'.. {~p~P.dt'~taX. C ~°'4o~ta.+aia'S' Interest in signs: t Other comments: 2977P BEEN= Name of Bu3ine2s: 'F:-Yay-,:& Name of person contacted: Ld Business activity:-Dts-4Y• $a" Number of Employees: Locational advantages: CP-,4"-O- Locational disadvantages:"-1-VWt.0-, Cb~-~~o~'t(~~• a-° Expansion: AJC-> Relocation: A)O Comments on zone: - 1 .CdtA e\ ' AD Interest in signs: Yei::h Other comments: A YU 2977P 15 OEM 1:112 111! pM I,'! !at ie. Hies csf usiness : Ram of arson contacted : ~ ~E'~ 9f ;~y-a Business activits±: Re- .Il .es Number of Esrployees : Locational advan c ' Vt$! Locational disadvantages: xSotJ,5- Exoans ion: Qo Relocation: )JO Comments on zone: Interest in signs: Other comments : 2977P M 11 IN M, !;111111,51111, 1:111,11, 1 I'll 11 1 1 12 1% 01111111 Oa @: 2-19 name of Business: ell (p! mC, vl 1 Naasme of oarson contacted : ea..,/ Business activity: ewovfV, Number of Emplu es : i Q Locational advantages : Locational disadvantages: Exoansion• N)o Relocation: Comments on zone : ( COPP e+ Interest in signs: N-Itns - d~j tIo~ n f w.• `'T; Other comeaents : 2977P i Pdame of flus iness : Name of, person contacted : ~ L)apl Y'b MpiY"' Business activity: 4aj;e `c.) Numbar of Employees: Z Locational advantages : ~e- &.r',`^ 4-6`Q Locational disadvantages: o --P (Vas 6, ~Ctt~✓~.. Expansion: iyl~~~ ~'TtS Relocation:e Comrants on zone: /NCj/eaL5e~, 4VC*.: Interest in signs: t-/ e-S Np~jE Other comments: 2977P 8 s Name of Business:e;;~onl Name of person contacted : ~1 ~YCSw~ 11/e. Business activity: °b e~~ Number of Employees: 3a Locational advantages: Pe4ve Locational disadvantages: ~4•}L~ Expansion: too tea doh'` Relocation: "0 7- Comments on zone: •~i+-~- '~'~'~C s Interest in sMns: Qthnr comments: v►-~. 2977P Now= Date: 2- - Nacsse of business : Name of person contacted Business activity:_ Ngmber of Emolovees: Locational advantages: C.e4m- Locational disadvantages: lee.. Expansion: jJO Relocation: MCA Comments on zone: Z&Z7"7 G°Q✓ /Q- 11 (vaC~ y~o° 1r~.s Interest in signs: Other comments: Z977P SlIg u r1k Naese of Business: J~tl1~~®' Name or arson contact _ t4v. S,-1104 aw i -a r iyl = Number of m -1219-qL 2-7.03 L.ocationo ade~mntaaes: t~`~ v*S- Mg-0 Locational disadvanta-cL=--°C- VISB, Expansion: Relocation: NO Comments on done: CCtdt~,Q C vr.~ q~tto4u~r~J LOOS . dJ.~U lag_ oproesed, Interest in signs lQM-T" N- Qtzh~r V.- 6Ay c,- 2977P h Dante: c7'vk~ ' T"C- kiuaineas: NBuaasm of iaes9 aactivitv_: J~~t~~t u~"t~l/~ ~-t G-+ev' ~bea.e~°~,r u.aea~lvae~ l Number of Em2l2vees : i L, ocational advantaoPa: °~v tOY~ `r Locational disadvant es: ~°°(°YGL't Cr - 'V`1a StgY C, 0"k ~fGreuxbr5 Means ion: pgc)T A k 4ijL kxecy 4•c.'~re., ~jt Wt ~ dOu.Sed c,L ~t,, Relocation: kpp_ k~4+ U.3ZJ b~ O4t."~i' Comments on zone: ,p na r+ WCL Zt - w%,P-S PTV c VO " 60or w kC cx_ 63, -'t- vcrL Interest in si4ns; Other comments : U_*,o,0,0 ,4.~L. Gtf `.~-a'~1 -tom ~l a ►~A" ~ . - C.~v~~ C~.•~2 m.~.4.`{S t~ V~ la's, 2977P w ~M ante: 3/81 Masse oP Bus inasss : N b.V1 lCA% s ~64t 1e." Viice- Name of , Der OS+ son contacted: (1 6 Gfir Business activate: (rY • ~I a+,w~~~u.~.. d Number of Employees: Locational advantages: C,e,.u,,4,(°4 l ` I C~tG►~Ly (~C,~a r~ `CO 2:-S , Z.1-7 Locational disadvantages: pp.3~~ t Expa~ nsion• eS Relocation: e'S ta3 - . t i,o c,yp Comments on zone: •v~(t~.~ Lcs~eD:.~ 4.~a.~Lyp`~f`g-~~~-~e,5 Interest in signs: Other commoo a • , 2977P gle 11 2a t r qt Mass of Business: G ~Y &aaae of person contacted Cow raII I a a Business activity: 44v S (,K Nurser of Emeloyees : ~ . Locational advantages:~w.,. Locational disarm ges: lQtrtje, Erns ion: A-P0 Relocation: tj6 Comments on zone: P"0 6 t'aw, Interest in signs: Other comments: 2977P Log =-11 EM I 1 1 1: Mi M h - ?/z, bush . IVasse of Business : 1 I Name of person contacted: T)C 0 k 1 Business activity: wvt'tt'A-Z!)• f 4 5~~ scr-4eO 04100euAW e 8%,Jw_~v 6,c~ Number of Emoloyees: Locational advantages : Vts e b i 1`~L~ C '.~"~r ~t -•=~1~. Locational disadvantages: 1O al,s 4eg' kS Expansion: Pab® Relocation: 140 ICSOA4.9- n ~ 0-~ -s i.a R. `^~Admr4& -tom c t+t; Comments on zone: W Interest in signs: k1® Qtbar COMMent`= 2977P ISS late- Name ZfZj~'°? of 9usiness: aI 'e QS Nam of e2rson contacted Business activity: re-6L!.0- Number of Employees: ?0 Locational advantages : , pvtryt tad `61 Locational disadvantag-eutu Nf4D, Sj ~.ao~a sZ.~(7y~u.~q ~ E~rS¢ €xtoa, nsion: AJC~® Relocation: ~JO Comments on zone: p m.aai cv Ca m Ynterest in signs: Other comments 2977P DatQ: °t/~ /9 Name of Business: Name of person contacted: y lor- Business activity: yleA.,Q - Number of Emnl-- - ( g Locational advantages: -,Rm:.k 04ca-ZZ 44e"-" s Locational disadvantages: &)KmQ6 E x oan s i o n• ~vZS L~•, 6aw-~y~,, c,,, J C Relocation: Comments on zone: (Z>(J~aa~~~ Interest in signs: Other comments: V, \rs t 2977P MMMIN EXHIBIT 2 JULY 25, 1994 LAND USE SURVEY Uses on the west side of Cascade Avenue in the C-G and I-P districts, from north to south: - Levitz - Toys R' Us - Suburban Propane - PGE1 - Sentrol building (vacant) - Computer Forms, Inc. - Durand-Raute - Eclipse Technology - Sentrol - Mitron * Uses on the east side of Cascade Avenue in the C-G and I-P district, from north to south: - The Shane Company2 - Farmers Insurance - Beaverton Honda - Designers Choice Furniture - Office Depot - Min-warehouse - vacant parcel - United Van Lines - vacant parcel - Franz Thrift Store 'This use was not listed in the 1957 study. 'At least 4 other businesses are also on the site. PDX1-131666.1 23652 0001 INS I EXHIBIT 3 COMPARISON OF USES IN I-P DISTRICT' 1987 Uses2 1994 Uses3 Industrial Industrial Computer Forms Imprinting Computer Forms, Inc. Mayflower Moving & Storage United Moving & Storage Durand--Raute Durand-Raute Pacific Bybrid Micro Eclipse Technology Electronics, Inc. Safeguard Mini-Storage Mini-Storage Sentrol, Inc. Sentrol, Inc. Siemens Energy & Automation, Mitron Inc. Sylvania Lighting Services Suburban Propane Times Publishing Co„ _Total 8 Vangas, Inc. Total: 10 1987 Uses 1994 Uses Commercial Commercial Center for Employment Training Farmers Insurance Farmers Insurance Franz Bakery Franz Bakery Levitz Levitz Beaverton Honda Power Rents Designers Choice Furniture The Other Guys Office Depot Toys R' Us Toys R' Us Tota ; 7 Tota : 7 'Includes all uses in area identified in City of Tigard 1987 study. 2Taken from 1987 study; did not include PGE. 3Taken from 1994 survey. PDXI-131666.1 23432 0001 r~.. _ u • `d~ YaaJ-rvK 1 5032224053:: 2/ 3 NTbOP G*F GJ BE 6 PSON July 29, 1994 Mr. Steve C. Preece Preece & Floberg Commercial Real Estate ~ 334 SW St. Clair Avenue ~%Y Portland, OR 97205 Dear Steve: As a follow up to your letter of July 26, 1994, relating to the liolce property on Cascade Boulevard, I have the following information. n N'orrri% Beggs & Simpson has been working with Holcee Investments since the first quarter of 1992 relative to .their real estate holdings along Cascade Boulevard. 'This includes the existing bulldin , as well as the vacant land parcels. The initial efforts were concentrated r on trying to retain Sentrol, Inc, in the project. It becarne clear in April, 1993, that Sentrol would be relocating to Tualatin to a build-to-suit that was being done by its parent company (Berwind). It was at this time that we took the project to the market. The prosper that have expressed interest in the property have been predominantly retail- type users. With respect to the Pacific Building specifically (the 7.76 scares, 56,600 sgw1re foot buflding), the only use that has toured the property and eVr ed serious interest, that would be allowable under the IP zoning, has been two different car dealerships. The remainder of the interest hm been from retail developers and big-box retailers which include Builders Square, Best Buy, Sports Iviart, Sports Authority, Comp USA, and Smith'e, just to name a few. With respect to the lands parcels„ we have had several tenants, such as Coop LISA, Designer Furni tare, p'eople's Furniture, and ether similar type tenants express interest its the property. The comensus is that over 9M of the inquiries been retail orlentr. Looking at the overall inventory in the City of 7%ard, *of the industrial zoned properties, there are approximately 862 acres. It is broken down aq follows: ' Business Park (IP) 448 Acres Light Industrial (IL.) 305 Acres Heavy Industrial (MR) 4$ Acres EXHIB.c:l 4 121 revM0RRt d 9L'T.5UnE 200 ® F'GRMAND.OREGON ® tfnIXi1:8m7im ® Raw. 5~l33d4~r3~3 P. 03 ~u+- i-y.i rurv :v:ay Rc+9aULL 1'KUSI'S Mr. Steve C Preece July 29, 1994 Page 2 VACANT LANDS Business Park OP) 150 Acres U&bt Industrial (I) 81 Acres Leavy Industrial (ICI) 'Total 232 Acres in reviewing the exit inventory, it appears the overall industrial vacancy rate for the City of Tigard industrial and flex buildings is approximately 81M HopefuUy this information is helpful. I took forward to talldng to you in more detail. Please feel free to give me a call if you have any questions or need additional infaimation. Sincerely. NORRIS, BEGGS & SMOSON Chris Toh . on Associate Vice President Cj/jt preecc.cj ec, Tom Holce S03r417745j-) IYT M6CrlN6- ° 4'- as-~ ~ KITTELSON & ASSOCIATES, INC. TRANSPORTATION PLANNING/TRAFFIC ENGINEERING 610 S.W. ALDER, SUITE 700 • PORTLAND, OR 97205 • (503) 228.5230 • FAX (503) 273.8169 NCim August 22, 1994 Project No.: 1235.00 City of Tigard Planning Commission 13125 Hall Blvd. Tigard, OR 97223 SUBJECT: Applicant's Response to ODOT Region 1 Comments on CPA 94-00'VZON 94- 005 Rembold Trust, Inc. Dear Members of the Planning Commission: The purpose of this letter is to respond to the written comments made by Region 1 of the Oregon Department of Transportation (ODOT) regarding the above application for the comprehensive plan amendment and zone change. Two requests for more information have been made by ODOT and are responded to as follows: 1. The traic impact analysis report does not include long-range analysis of the transportation system's ability to accommodate the anticipated traffic. ODOT would like the applicant to provide information demonstrating the trip generation in the current zone compared to the proposed zone. This type of analysis is typically included in a traffic study for a comprehensive plan amendment and zone change application. The traffic study prepared by Kittelson & Associates, clearly compares both zonings, as documented in pages 13 through 21 of the report. This analysis confirms that the potential traffic impact of development under either zoning is similar. With regard to the comment on long-range analysis, the base year traffic volumes used in the study were obtained from the Hall/Greenburg/Scholls Area Traffic Needs Study prepared for the City of Tigard, per the direction of City of Tigard engineering staff. Further, because the comparative traffic impact under either zoning is similar in the near term, the impact will be similar in the long term, and thus we believe we have adequately addressed this issue. BELLEVUE • PORTLAND • SACRAMENTO 01 g 11 2 n 7 , _ City of Tigard Planning Commission August 22, 1994 Page 2 2. Because of the storage concerns, the applicant will need to address storage requirements for traffic turning onto Cascade Boulevard based on the proposed General Commercial zoning compared to the present Industrial zoning. The zone . change is expected to increase the westbound left turn lane demand on Scholls Ferry Road at the Cascade Boulevard intersection. This increased traffic is of concern to ODOT since the storage space available for this flow of traffic is limited because of the intersection's proximity to the southbound ramp for Highway 217. This issue was not addressed specifically in the traffic study because we did not believe it to be a significant issue with respect to the proposed zone change. However, with the mitigation recommended in the report for the Scholls Ferry/Cascade intersection, the maximum required storage for the westbound left turn from Scholls Ferry Road onto Cascade Boulevard is projected to be 125 feet under the existing zoning and 150 feet under the proposed zoning, as shown in the exhibit attached to this letter. Since there is approximately 250 feet available between Cascade Boulevard and the Highway 217 ramps, the existing storage space will be adequate to handle the expected vehicle queues. We trust that this letter sufficiently addresses ODOT's concerns regarding this application. Sincerely, Ppro) ~NGIN~F9 15,78 '~r ark A. Vandehey, P.E. Associate OREGON Attachment 'i 17• ~sga c~ / A. VANpt'tP gmill SrIGNALMED UEUE ANAL YS'ItS' Project Name: CASCADE REZONE KITTELSON & ASSOCIATES, INC. Project Number: 1235 610 SW Alder, Suite 700 Analyst: LAR Portland, Oregon 97205 Date: 08/18/94 .(503) 228-5230 Filename: H:IPROJFILE\1235\SCHCSCDO.WE Fax: (503) 273-8169 Intersection: Scholls Ferry/Cascade Conditions (yr, alt., etc.): 1997 PM Peak: Existing, Proposed Zonings GENERAL INPUT PARAMETERS: ycre ength: sec Confidence Level (C.L.): 95% Storage langth/vehicle: 25 feet Existin Propose EBL7 EtHVTI~ L• WBTH EBLT BLT WBTH INPUT PARAMETERS: Volume (pre-PHF) (vph): 30 1690 115 1655 30 1725 140 1655 G/C for titovement: 0.04. 0.53 0.11 0.60 0.04 0.54 0.13 0.63 Number of lanes: y 1 1 2 1 3 1 2 CALCULATIONS: Length of red interval (sec): 86.4 42.3 80.1 36.0 86.4 41.4 78.3 33.3 Average total queue (veh): 0.7 1S.9 2.6 16.6 0.7 19.8 3.0 15.3 Maximum total queue (veh): 2 27 5 24 2 27 6 22 Total queue length (feet): 50 675 1 600 50 675 150 550 Required storage/lane (feet): 50 225 125 300 50 225 150 275 PERMITTED LEFT TURNS: Opposing volume (pre-PHF): Opposing sat. flow rate: CALCULATIONS: Opposing flow ratio (Yo): 4WAI~ Unblocked G/C: Effective red interval (sec): Average total queue (vehly Maximum total queue (veh): Total queue length (feet): Required stcragellane (feet): METHODOLOGY AND FORMULAS USED: Length of red interval a (1 - G/C) - Cycle length Oueue length a Mamrnum Queue • Storage length per vehicle Average quoua/rane a Volume - Red Interval / 3600 Reourred storage per tone a oueue length / Number of lanes, rounded up to the nw highest whole vehicle Maymsum quoue: Random ansva constant service Random arrivals behave according to a Person distribution. Opposing flow ratio Yo a opposing volume vo / opposing sat. flow rate sop There is a probability equal to the confidence level desired (e.g. 95%) Mat the qudue formed dl rurmg each red interval will be less than Unblocked G/C (Qtr/C) a (g/C - Yo)/(1-Yo) o* equal to the maramum queue. (Prob. of amvats a N) a (Red IntervaI - exp(-N) / N! (the Poisson distdbutien) 'Prob. N amvals >a N) -I -Sum of probabilities for vehicles 0. 1.._, N-1 Max N: Highest N such that the sum of Probabilities > (1 - confioence (every i A ON STOEL DIVES BOLEY RECEIVED JONES & GREY AUG U 51994 ATTORNEYS Ar LAW SUITE 2300 STANDARD!NSURANCECENTER COMMUNITY DEVELOPMENT 900 SW FIFTH AVENUE PORTLAND, OREGON 97204.1268 Telephone (503) 224-3380 Telecopier (503) 220-2480 Cable Lawport Telex 703455 Writer's Direct Dial Number (503) 294-9194 August 4, 1994 Mr. Will D'Andrea Planner City of Tigard Planning Department 13125 SW Hall Boulevard Tigard, OR 97223 Re: Application by Rembold Trusts, Inc. Dear Will: Please find enclosed a letter I received from Steve Preece discussing the applicant's motivation for the comprehensive plan map and zoning map amendment. As you can see, Steve's letter addresses the "mistake" requirement of the Tigard comprehensive plan regarding the existing plan map and zoning nap designation for the property along Cascade Avenue. Please see that this letter is entered into the record for this matter. Very truly yours, Michael C. Robinson MCR:cfz Enclosure cc: Mr. Wayne Rembold (w/encl. Mr. Loy Rusch (w/encl.) Ms. Carol Lansman (w/encl.) PDX1-132455.1 23452 0001 PORTLAND, SEA7ME. BELLEVUE, VANCOUVER. BOISE. SALT LAKE CITY. IVASIIINGTON. OREGON WASHINGTON WASHINGTON WASHINGTON IDAHO UTAH DISTRICT OF COLUMBIA 13 1 0011 i REEC (a(, i DBERG O M M E N L r Z. T E July 26, 1994. Mr. Michael C. Robinson Stoel, Rives, Boley, Jones & Grey 900 SW 5th Avenue Portland, OR 97204 RE: Rembold Trusts, Inc. Zone Change and Map Amendment Tigard, Oregon Dear Mike: The motivation for Rembold Trusts, Inc.'s application to change zoning of the subject property is because of the inordinate amount of "big box" retail requirements that have surfaced during the last 24 months. The retailing trend started with the Wal- Marts, Costcos and other "category killers". These users service the customer with a no-frills building utilizing high-cubed merchandising areas without typical service like the strip retail store usually emphasizes. As this concept has continued to grow through the dry goods industry and into groceries, we've seen several new "category killers", specifically in electronics, appliances and furniture, books, records, clothing (in addition to Outlet Centers) and auto- related goods. These users are unwilling to continue to pay the high common area costs for mall tenancy, strips or other upgraded development categories since their intention is to build a ware- house-style building, high cubed with very little window space and competitively advertise price to draw in the patrons. A favorite location for this use has been near regional malls, feasting off the traffic and name familiarity generated by locations such as Clackamas Town Center and Washington Square. The subject property you represent for the zone change and plan amendment process has three user-prospects at this point in time. They are in the home furnishings and electronics business, the boo'ls, records, tapes and video business and in auto parts. All three are 40,000 square feet as a minimum and typically lower in traffic generation than normal strip center retailers. They each advertise price to create higher average ticket sales,. There t are several attempting to enter the Portland market at this time including Home Depot, Best Buy, Circuit City, Future Shops and Good Guys. In addition, there are two auto pants retailers and major book and entertainment companies. A number of office supply chains, large pet supply stores and toy alternatives similar to Toys 'r Us are also expanding to or within Portland's market. They all seek identity, access and visibility. The well-defined location like "near Washington Square" creates the easily- identifiable and regional-scale location that is desired. 034 SOUTHWEST ST CL.AIR AVENUE PORTLAND OREGON 97205 SOZv225.0700 CAX 503.220.2533 Mr. Robinson Page 2 July 26, 1994 Burlington Cascade Plaza, directly north of the subject site above Scholls Ferry Road, is currently under redevelopment for a similar style use but in the City of Beaverton. The developer will apparently remove some of the strip retail to create larger- scale user spaces for clothing, linens and bedding, office supplies, appliances, electronics and home furnishings. The total redevelopment of the center will turn what has been a very high- vacancy retail space into a very popular "901s" retail center. Similar users existing around Washington Square today include Target, Lamonts, Circuit City at Washington Green, Pacific Linen, Barnes & Noble and Cost Plus Imports in addition to Burlington Coat Factory. This is the wave of the 90's as retailing continues to change to meet the consumer's demand and desire. I'd be happy to answer any other questions. Your very truly, V - Ste a P. Pre SPP/am cc: Wayne Rembold 09.27-94 DORM FROM KITTELSON & ASSOC. TO 9/6847297 P002/DD2 00/20/94 13:48 108027318289 ODO'T - REGION 1 ~y+ B%'IMAON Ql001/001 member 20, 1 glad INT~Itt~1~pTC~ MEMO To: La aft Nicholson Land Use Coordinator Front: at Senior Tralnspofttion Ansiyst Subject: Kittle n's Resporm to OCOT Concerns Reer bold Trust Proposed Rezone (Cascade Avenue bsfteen Scholls Furey Road and Oreenburg Road) l have reviewed Kittlesion's August 22. 1984 response to O®OT's concerns nagsrading this props rezone spplic anon. Mason addresses they ids ue of left tum aSrage on ychal% Ferry Road satisfactonly. V ft raerds to the long term traffic forecast, If the City determines Ki tleson°s response to be satisfactory, it's reoornmended 000T not challenge it. P*sW Fax Note 7471 D* sea Q oa ~t>ar+e a Pew It 7-4 7S7 •E>aR! (A9lf &®97X 5037318259 09-26-94 01:52PM POOL #44 Mill SEEMS= MCI Continued from the October 11, 1994 Council meeting to allow Mayor Schwartz time to visit with other Washington County Mayors on this issue. AGENDA ITEM # '(,o For Agenda of lalas IN CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Greenstpaces Bond Measure Local Share Funds PREPARED BY: Duane Roberts DEPT HEAD OIL CITY ADMIN OIL ISSUE BEFORE THE COUNCIL Should the City submit the attached local greenspaces and trail projects for inclusion in Metro's greenspace bond measure? STAFF RECOMMENDATION Council should authorize submittal of recommended projects. - INFORMATION SUMMARY The goal of the Greenspaces program is to establish a regional system of natural areas, open space, trails and greewways for people and wildlife. As discussed in the attached memo and Metro informational material, the Metro Council has referred a $138.8 million Greenspace general obligation bond measure to the voters. The measure includes a $25 million set aside for local greenspaces projects. These local fluids must be targeted toward greenspace and trails acquisition and improvement projects. To be eligible to receive these funds, a list of projects must be approved by Council and delivered to Metro by November 1, 1994. Submittal of these projects does not commit the City to any actions. OTHER ALTERNATIVES CONSIDERED Do not authorize submittal of a local project list. Submit eligible projects different from those identified in the attached memo. FISCAL NOTES If the bond measure is passed by voters in March, $755,923 would be available to Tigard as pass- through funds. The funds would be in the form of an entitlement with no City contribution toward the funding of local projects required. DR/greeneum (1cRober 7, 1984 s CITY OF TIGARD, OREGON. RESOLUTION NO. 94-~ ~C, A RESOLUTION OF THE TIGARD CITY COUNCIL APPROVING THE SUBMITTAL OF LOCAL GREENSPACES AND TRAILS PROJECTS FOR INCLUSION IN METRO'S GREENSPACES BOND MEASURE WHEREAS, Metro Council has submitted to the voters of the District the question of contracting a General Obligation Bond indebtedness of $138.8 million for greenspaces; and WHEREAS, the measure will be placed on the ballot for the General election held on March 28, 1995; and WHEREAS, the measure includes up to $25 million for local government greenspace projects; and WHEREAS, the City of Tigard's pro rata share of this amount is $755,923; and WHEREAS, the City's list of local projects must be approved by the City Council and delivered to Metro no later than November 1, 1994. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1. the City of Tigard, Oregon, based on the above considerations, expresses its support for the inclusion of the attached list of local Greenspace and Trail projects in the Metropolitan Service District Greenspaces Bond Measure. PASSED: This day of 1994. Mayor - City of Tigard ATTEST: City Recorder - City of Tigard DR/greenres September 34, 1994 47 RESOLUTION NO. 94-~ 1 Page 1 I _ 7-77 Cit. s d LIST OF LOCAL GREENSPAC ROJE(Crs 1. Acquire land or easements and construct 7,500 lineal feet of greenway trail within the City limits. 2. Acquire 7.5 acres of forest land located within the incorporated area of Bull Mountain for a passive park. Greenspaces Local Share Funds The Greenspaces bond measure includes $25 million in pass-through funds. Tigard's share of this amount is $755,923. To be eligible to ;receive these funds the City is required to submit a list of approved projects with rough cost estimates by November 1, 1994. Should the City submit? While the council adopted a neutral position on the 1992 greenspaces bond measure, I recommend that the City submit a project list as requested. Failure to submit would result in the City losing its eligibility to receive local share funds. Identifying local projects would not obligate the City to any particular stance on the March bond measure. If Tigard chooses to submit a local project list, I recommend the following: 1.) Construction of greenway trails. 2.) Acquiring forest land on Bull Mountain. With the amount of proposed funding the City could decide to dedicate all the funds to project 1 or 2 or do some combination. Dividing the funds evenly between 1 and 2, however, would give the most widespread benefit. Local share midelines The bond measure provides that local share funds may be used for natural areas, open space, and trails and greenways, including accessible waterways. Allowable capital improvements include restoration or enhancement of natural areas, trail construction, access facilities, public use facilities and environmental education facilities. Specifically ineligible are active park improvements or the acquisition of land for future active park development. Therefore, we cannot include the Grey and Thomas Dairy sites the park board proposed for the 1992 Greenspaces bond measure. The Metro guidelines require only a general identification of the site including an estimate of the amount of land and the site's general location. Flexibility is built into the measure to allow for the redesign of an identified project should it become infeasible. Following is a brief description of each of the projects recommended for local project identification along with rough cost estimates for each. RJMIJ~ Priority #1.) Construct Greenway Trails The Tigard Park Plan calls for the development of an interconnected, area-wide greenway trail system. So far the City has completed about 13,000 feet or 15% of the proposed greenway trail segments located inside the City. Using $50 per foot as a rough cost for the acquisition of land or easements and the installation of a trail, the City could use the bond measure funds to complete an additional 15,000 feet of greenway trail. I would recommend, however, that half the Greenspaces funds be targeted to completing key greenway and trail linkages. For example, the City could acquire three short links to complete an interconnected greenway system in northwest Tigard. Trails could be constructed through these and existing greenway segments lacking trails to complete the trail system. Other parcels could be purchased along Fanno Creek Park to begin a trailway system there. Priority #20) Acquire lanai on Bull Mountain The forest land on Bull Mountain is being gradually developed leaving very little natural park land for residents. The vacant site located on the lower slopes between Gaarde and 132nd is the last remaining large tract of undeveloped land within the incorporated portion of the mountain. Approximately half of this site's sixty-two acres consist of two discontiguous forest areas, whose features are predominately natural. These areas are part of a larger forest identified as "high quality" in the Forested Natural Areas Inventory and Assessment. Most of this forest area is developable. The remainder of the site consists of field and meadow. Although the property is not listed for sale, a representative of the owners recently contacted the City for information on tree cutting. I recommend the City purchase seven to eight acres of this available land for an estimated cost of $377,500. DR/help Odober 17, 1934 Page 2 w NINE!! 1 KOM VAN I GR SPA ~ O GA N ' G c l f S Lol g will. to a por-don of bond foss band on the allocation fal in f d Plana adopted in My 1992. pzojects eligible for local slime hading n the foig criNerm 1. Eligible agency is a plc pwvkler as of July 1, 1991. 2,° Fwds must be lexpended on Grewsp=rs related 'des only including: Simple (or ) to Vxcibase regicinally ss andiog trail corridors ' in the lium Greenspaces liter Plan, and/or locally determlined sign' a and/or tam corridors. ® t meted with the acquisidon of property. . Canital hnpravements 0 Ite',storadon or enhancement-of natural areas ® 't'rail construction ® fa ' . ° such as roads tha am an integal, pars of the pace, , boat ramps, trail heads, Americans with Disabi Act (ADA) requireMentS. ® Public use ftilities sucta as rest moms, picnic tables, shelters, vi~ blinds, water symems. camp sites, frshing piers, and associated appurtenances including signs, feat, security lighting,.barlecues. m Environmental education f'=hues such as nature centaas and inteapreave displays. 3. The park provider 1 enter into an IMT90vemmentd Agreement UGA) to be apPWved by the Metro, mil and ft gov=wg board of, the park provides. Ilie IGA shall rel signage at the project site iu an apl ° to location(s) ledge Meiro. the pane providev, and othl project partners; funds from the boat measure shall not be used to replace local ftds on pwJect, and funds from the bond measure should leverage other sources of revenue when, possible. 4. A list of lout share projects with tee[ costs, and approved by the governing board of each jurisdiction shall be delivered to Metro no later than Alois 1, 1994 to be eligible fot local share funding. ' 5. GaIeenspace sites subject to local share fimding will be mainuined for its intended recreational, natural area, dr trail actai Ilig 1110 'KNOWN lam AGENDA ITEM / For Agenda of October 25. 1994 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Consider the Award of Scholarships to the Tigard Ar_QA C ch=ber of C c a &fters hip Seminar PREPARED BY: C. fflWatley DEPT HEAD OK CITY ADMIN OK ISSUE BEFORE THE COUNCIL Award scholarships as presented? STAFF RECOMMEWDATION Award the four scholarships to the four applicants as presented. INFORMATION SUMMARY There was a delay to the start-up date of the Chamber of Commerce Leadership Seminar to allow more time to advertise and recruit participants. The goal is to have at least 10 students enrolled. Presently, there are 8 people who have committed (4 of which are the applicants for the City scholarships). S. Carolyn Long, Executive Director for the Chamber advised she believed the goal of 10 students would be attained. On August 9, the Council approved a motion to authorize the expenditure of $1,625 for. the Leadership Seminar. From this dollar amount $625 was designated for five scholarships and $1,000 was for sponsorship for dinners and other items to be used for the benefit of leadership seminar attendees. Council decided to offer five scholarships on a priority basis as follows: 1st priority Tigard Residents 2nd priority Residents of Islands to be annexed into Tigard 3rd priority Residents of Tigard's urban planning area To date, four applications have been received from: Maria Pfeiffer (resident of urban planning area) Christine T. Chitsaz (Tigard resident) Christy Herr (Tigard resident) Steve Slabaugh (Tigard resident) It is anticipated that additional applications may be received prior to the October 25 Council meeting. These will be made available to Council prior to the meeting if received by Thursday, October 20, 1994. FISCAL NOTES 1. On August 23, Council approved a budget adjustment (Resolution No. 94-36) for the expenditure of $1,625. h:\login\cnthy\lea&r.rasa ANNE! MEN f. 7Y OF TIGARD Lj C1 ROREGON City of Tigard. L) Scholarship Application Tigard Chamber of Commerce Leadership Seminar Name: / a q ~3 sLl/ ~d4i?D 5 Y Address (home): 9~ZZ 3 Phone :Z%~7 - 57 5 Address (work): ~!/GZ Phone: on a separate sheet of paper, please respond to the following: 1. Personal/Professional Goal: Briefly describe how the Leadership Seminar might help you achieve your personal and/or professional goals. 2. Personal community involvement: Briefly list any types of community service or public works in which you have participated. 3. Please list two references (name., address and telephone number). Return this application to Cathy Wheatley, Tigard City Recorder by Friday, September 9, 1994. h:\Login\cathy\Leadership 13125 SW Hull Blvd., Tigard, OR 97223 (503) 539-4171 TDD (503) 684-2772 EMS= Tigard Chamber of Commerce Leadership Seminar 'Scholarshlp Application Attachment Maria A. Pfeifer September 8, 1994 1. Personal/Professlonal Goal: I am a new resident and an at-home mother Interested in taking an active role In this new community through volunteer opportunities. This seminar will be an excellent source for valuable networking, skill building and a positive arena in which to focus on the current Issues facing Tigard residents and businesses. By attending this seminar, I will be able to strengthen my skills and abilities I developed during my work In the social services. The information and experience from this seminar will provide a solid background for me to direct my energy to the specific needs of this communlty. 2. Personal Community Involvement: I have participated In the following areas through professional and volunteer service: Grant writing Community research and data collecting Agency program development and evaluation Direct services (case management, agency networking) Community Agency/Service coordination Presentaions and community workshops Desktop publishing Volunteer recruitment, training and supervision Other: Habitat For Humanity Member of Beta Sigma Phi (service organization) Member of Sierra Club (Columbia Chapter) 3. References: Ms. Katy Dorsett 3157 SW Ridge Drive Portland 725-3084 (wk) Ms. Joan Steiner 1735 SE Clatsop Portland 232-2032 (hm) tea:-; AUS 31 Z ~l -1° 03~ G~ i',L J , - ORS City of Tigard scholarship Application Tigard Chamber of Comaaerce Leadership Seminar Name: Christine T. Chitsaz Address (home) : 11460 S.W. Hazelwood Loop, Tigard, Or 97223 Phone: 590- 5543 Address (work) : TEKTRONIX, INC. , P. 0. BOX 500, BEAVERTON, OR 97077 EXPORT SERVICES, DEL. ST. 76-562 Phone • 627-1919 on a separate sheet of paper, please respond to the following: 1. Personal/Professional Goal: Briefly describe how the Leadership Seminar aright help you achieve your personal and/or professional goals. 2. Personal Community Involvement: Briefly list any types of community service or public worts in which you have participated. 3. Please list two references (name, address and telephone number) . Return this application to Cathy Wheatley, Tigard City Recorder by Friday, September 9, 1994. h:\l®gin\csthy\leadership 13125 SW Hall Blvd„ Tigard, OR 47223 (503) 639-4171 MD (503) 634-2772 aggi `:~-qjqW4 c y??~ - =sue ~1~1 1. PERSONAL/PROFESSIONAL GOAL: To participate in the Tigard Chamber of Commerce Leadership Seminar is a personal goal for me. I plan to spend the next ten years of my life being involved in my community. I have raised my child and supported her through college graduation, I am content with where I am at professionally and decided that I have time and energy for community service. 2. PERSONAL COMMUNITY INVOLVEMENT: I am a past president of the ASSOCIATION OF INTERNATIONAL TRADE SPECIALISTS. I served on the board of A.I.T.S. for three years as treasurer and member-at-large. 3. REFERENCES: Herman Porter Herman Porter Computer Services, Inc. Tigard, 639-0545 Christine Meinicke, Mgr. Sequent Computer, Inc. Beaverton, Or 576-4211 SEE N!, jazi; 11 ~ ~ - September 9, 1994 Cl Cox a~ w Christy Herr 11386 SW Ironwood Loop, Tigard, OR 97223 Cathy Wheatley CITY OF TIGARD 13125 SW Hall Blvd Tigard, OR 97223 Dear Cathy: In response to your telephone call on Wednesday, September 7, 1994, here is the information requested. PERSONAL AND PROFESSIONAL GOALS My personal goals include being aware of what is happening in the community in which I live and raise my child. If you care about the community you live in you don°t just sit back and let others do it all. This is a democratic society. The more involved you become in what is happening around you, the better the community works as a whole. PERSONAL COMMUNITY INVOLVEMENT Active member of the West CIT, Land-Use Committee Member for West CIT, proposed Tigard Tree Ordinance activist. REFERENCES Judy Fessler, 639-1216 Doug Smithy, 590-3421 Bob Rolhf, 590-7654 Ken Scheckla, 639-5697 Thank you for consideration of this scholarship. Sincerely, Christ Herr TEL 503-635-4495 P. 3 Oct. 4 194 903 0M s- TE Date: 10/4/98 To: Cathy H/heelley, Tigard City Recorder From: Steve 6.. Slabeugh subject: City of regard Scholarships Application Tigard Chamber of Commerce Leadership Seminar 1. PersonnUftiessiorol GaWs: My first priority is to my family. I have 2 Rids in clementary school and the goal or getting them through college is high on my Iist. Prafesaiomlly, I am in a management position with a pwmi=t real estate brd=. In that capacity 1 have very specific goals and objectives that we set for troth shoat term and long terra goals. Community Involvement is something that I have had an interest in for a a:umbn„r of years and I expect that I will continue to be involved with Tigard in some fashion or other. I am aaa. suro at this point what level of imrolvernent 1 will have but I think that the Leadership program is an important way to link interest with action. 2. Personal Coma awity Involvement: (sec attaches resume) 3. lteI Conrad Pearson Pearson Financial Group 10250 S.W. CsmnburgPA Suite 120 Tigard, Oregon 97223 245-5220 S. Carolyn Long Tigard Ch4mber of CorrI 12420 S.W. Main Tigard, Or 97223 639-3656 ~i t 1014194 Now Oct. 4 194 9:03 em mg - TE To- 503-635-4495 P. 4 Wi SLA.BAUGH BARBARA SUR SEAL PROPERTIES INC. 4103 S.W. MERCANTILE DRIVE LADLE OSWEGO, OR 97035 RESUME WORK HISTORY "I Im to trust vloe W-k!"nue-p-u Lvi'll lop,nan, Semiar fkalbara Sena scat Pttyssrnaa Im aaesagatnmd paed-4 pr r-dy-va to for bminaea dawoptoaat ofowporefa movAtim dointfewal, alaott wpatveabn, ballad mal pluning. Tim tdncsotion dvvejrtua hills vomm Gum appnm 35 ntidlioa daUv 6 a" aaaually to ova 70 atidllo t dollar aWou 191ti4. 1976 to Mal 1901 view Wc6dootlCal a 12elocaliua; Advawzd 77mLxr_•Spoa Company Rewhol llom a 11ocxud Pool csb= plat atsooiato to telooy?ion atircmv aad Allombw of ft 17aac , CmnoYilteu t( i01a fir opwdillim oYtbo C0FpXGta $rlYieea 11VUl ill Ycvslaot on cumo l 40 n0i dollem Jly in tnidrntial real ecru calm 1973 to 1976 lkwx t Man&W. promntal foam a mvmgotmal CttiCoc plARrsan to Farxaw linwerai valum wad aasif9sat manager is i tatland, rktgon to tmi"am orlvm isarxk oftioww itt tan vagt+a, Nova& Rexpmmbbrbr4ovr-'%w4mtofnaw tmsiri awed supervision el'oollecdoas, ken applicidiwta, lean evalustil audit eoouol, and EDUCATION thdvcastty oF0regon B.S. P'Ryahalogy 1.97.V Aaaewista brut slats af0m%'m Glil tiradlaatsRealhsmte'rmrtinaR C'Str r:ertiJlsd Rellacaaon PhAzillottal- L.nptgjkWIf'rhu alianCowncit AWARi)5/COMMUNT'fY SERVICE My rclcxation dcptuimcntc have won numcrntfa proditetion awards and pusfonnoucc ra:og dtimta in both n-ginnnl and national ccnnyukitinna. 1992-93 Presiduan,'111c Rotary Club of'11gard, active since 1979 and have held all major pc6tions of responsibility. Past Chairman, Tigard Park [bard, held this paaiticnt for s-veral yudrs Past 1'maident of the Simmerloke Homenwncrs Associatina Awarded the Key to the City of Tigard for work on the Civic (:talcs i'rnjcci Home(503) 524-4489 Work(503) 241-4500 Watts 800 342-7767 i I OEM MEMO '.4 ' e MEMORANDUM _ CITY OF TIGARD, OREGON TO: Honorable Mayor & City Council FROM: Cathy Wheatlevcjol:~kvl DATE: October 25, 1994 SUBJECT: Leadership Seminar - Scholarship Applications Att&ched is another scholarship application received last Friday from John McQuillan, III. I have also attached copies of the other two applications received since the. delivery of your Council packet (Sandwick and Halferty). ; We received a total of seven applications in date order as follows: 8/31/94 Christine Chittsaz (Tigard resident) 09/08/94 Maria Pfeiffer (resident-urban planning area) ✓®9/09/94 Christy Herr (Tigard resident) ✓)9/30/94 Steve Slabaugh (Tigard resident) &.~/19/94 Bonnie Halferty (Tigard resident) 10/20/94 Jean Sandwick (Tigard resident) 10/21/94 Joan McQuillan III (Tigard resident) cwc1025.94 !4 - i , ' F'20M:NW NATURAL GAS-PURCH. TO: 503 584 7297 OCT 21s 1994 4:18PM P.01 ti OREGON City of Tigard Scholarship Application Tigard Chamber of Commerce Leadership Seminar /e, h~G.,' Name. Address (home): 115? n ~ F~¢ ~r"4 '22& !27273-'Ftaz Phone: 6Zo z?y Address (work) : O i3d~r 41c3?L 3 7 acs ~ Phone: ZL o 2- 3 9;' on a separate sheet: of paper, please respond to the following: 1. Personal/Professional Coal: Briefly describe how the Leadership Seminar might help you achieve your personal and/or professional goals. 2. Personal Community Involvement: Briefly list any types of comidunity service or public works in which you have participated. 3. Please list two references (name, address and telephone number). Return this application to Cathy Wheatley, Tigard City Recorder by Friday, September 9, 1994. h:\lopin\eathy'\te@&rship Y ~c~l d lq-L( 13125 SW Hall Nlvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 - . MROM:NW NATURAL GAS-PURCH. TO: 503 604 7297 OCT 21•: 1994 4:16PM P.01 October 20, 1994 11520 5. W. Fairview IN Tigard, OR 97223 City of Tigard 13125 S.W. Hall Blvd. Tigard, OR 97223 Attn Cathy Wheatley Re:Leadership Scholarship Dear Cathy, I believe that the Leadership Seminar would be of great benefit to sae due to my interest in being on the Tigard City Council in the future. This would allow me a more thorough understanding of Tigard and its governing bodies and how they work. I have been involved in Circle K and Civil Air Patrol in the past, both are public service organizations. I also currently coach gymnastics for Fort Vancouver High School in Vancouver, WA and at Westside Academy in Tigard. In my professional job I am a purchasing agent for Northwest Natural Gas, in this capacity I come into contact with both small business and City Government and work well with both. I have a genuine interest in being an integral part of my community. If you have any questions feel free to contact me at 220-2383 (W) or 620-4274(H). References you may contact: Mr. Tim Dack esq. 1324 N.W. 88th St. Vancouver, WA 98665 206-573-9037 (H) 503-289-2643 (W) Mr. Gary Warddrip P.O.Box 4709 Portland, OR 97208 503-220-2399 (W) Respectfully, John R. Mc Quillen III s i I ..1 3 {1 I I~ i lg.lq I q__ cam. Yl *kp 1. C-n ILA Al ~&Ii WIS.. !12, 4 -A-- --------~:~-~'-ZEE..--~.~--~u~'.~.,_~.~.ets.-L,~ r F JJJ ' s - `-ah+4.lu~'~-~i/G ems..-3G~G~ly~l DrfA> J 4,9-t oo~ 001, ew~ Mimi l'i somm 1- ~ -1 111MIEFAM i I. • ~ 1 " s ZAP a A- f '7 ~ifsl~ Y t.SLZ.- i Co 5-1 c So CA L Lc.rc~ ~~SSSZ~. - tc.`I ~~-~t7--- l S~tSr- 5 W -~es~" fa43~ P- S-w. A- Pty. Q-] .7 - ! l C;0.rclj RIJIM: !I! Iii Will ain Registration - Please return this form with your check by September 16. 1994 to: The Tigard O 97~a Chamber oo rCommerce, 2420 639S.W.-M1656 m Street, Tigard R6 I ~ G> Investment in the Tigard Leadership Seminar is S 125.00 Name~~~.t' Title Check enclosed, full amount. Business Check enclosed,. I want to sponsor a scholarship. Address want to apply for a scholarship. City State Zip 1Ll- - I need further information. Please contact me. Phone ~Cy - 31 !SR Signature Date ( q " q L Co"ITV00"If TIGARD OREGON City -of Tigard Scholarship Application Tigard Chamber of Coymmarce Leadership Seminar llama: llam f2 Car11dm Address (home): _ 5 W t f Tigard co--' Q 7 Z Z ~ Phone : S g40-r zlz Address (work): Phone: On a separate sheet of paper, please respond to that following: 1. Personal/Professional Coal: Briefly describe how the Leadership Seminar might help you achieve your personal and/or professional goals. 2. Personal Community Involvement: Briefly list any types of community service or public works in which you have participated. 3. Please list two references (name, address and telephone number). Return this application to Cathy Wheatley, Tigard City Recorder by Friday, Sep 9, 1994. h:\togtnlcathy\t*aderzhip l0~2 1 /o 0 r. 13125 SW Hall Blvd. Tigard, OR 97223 (503) 639-4171 MD (503) 684-2772 s :fonvi is i 41e. ® Ponil f6 O-pPy ~ . AAAV_ IOU Lead MY "t,6e,6) 49 wort- W10, IftLo od ;A w'todshl vd "qfon &Uvdy fwd - zaF its ~Xkero d~3 LeA ®b~ 10 J s h~ ca one ©.~e,t ~ppo~'d"9 .0 by worms d 1'P a~ . bsfiW& c~ue Can a e and tea i-d or ~b und d 4s Curre ; . PdS mover aid. P u~ CAT% L.itl~abo `i7q~~tt~B _ ' proms LA) -jV41all Y1 'ha tommon ~-s+udio jj~ r Qsh a5' a. n p +o be, have, to-to Sao*. chemw fax 1-~'~~ va n~v~~- WO- i id