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City Council Packet - 07/11/1995 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 estimated: it is recommended that persons interested in testifying be present by 7.15 p.m. to sign in on the testimony sign-in sheet. g4 ness a da _ dems can be heard in any order aftr 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 584-2772 (TOD - 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 w G 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 654-2772 (TDD - Telecommunications Devices for the D. SEE ATTACKED AGENDA C ; iivt.iL AGENDA - JULY 11, 1995 - PAGE 1 fft, 0 AGENDA 6:30 P.M. • STU07Y MEETING > Executive Session: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present. Representatives of the news media are allowed to attend this session, but - must not disclose any information discussed during this session. > Agenda Review 7:3® p.m. 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications/Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 7:35 p.m. 2. FESTIVAL OF BALLOONS - UPDATE/PRESENTATION C Bruce Ellis 7:45 p.m. . -,.,..;y 3. VISITOR'S AGENDA (Two Minutes or Less, Please) 7:55 p.m. 4. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 4.1 Approve Agreement for Construction of Recycled Wastewater Pipeline to Cook Park 4.2 Approved Agreement with Unified Sewerage Agency to Provide Recycled Wastewater for Irrigation at Cook Park. 4.3 Grant Easement to Oregon Department of Transportation for a Traffic Sign to Encroach on City Hall Property - Resolution No. 9 Consent &m;& - Heins ReffmW for S . I)is~~ion: I items r&Wesfed to be tamored from the Consent Agenda W sWwate discussion moil/ be considwed immediatefy after tine Council has voted on Uwe items chicle do not need discussion. COUNCIL AGENDA - JULY 11, 1995 - PAGE 2 r9, . 8:00 p.m. 175. PaBLIC HEARING - CONSIDERATION OF PROPOSED INCREASE TO THE METZGER PARK LOCAL IMPROVEMENT -W~6TRiiG r 'It'q~t ar® aa$Imaf: a. Open Public Hearing 8:00 p.m. b. Staff, Report- City Administrator c. Public Testimony 8:10 P.M. • Washington County Officiais/Metzger Park Board Member • Proponents • Opponents 8:30 p.m. d. Council Questions e. Close Public Hearing 8:40 p.m. f. Council Deliberation: Resolution No. 95-33 8:45 p.m. 6. PUBLIC HEARING (QUASI-JUDICIAL.) - COMPREHENSIVE 'PLAIN AMENDMENT AND ZONE CHANGE - CPA 9 /ZON 95-0003 A request to amend the Comprehensive Plan map from Commercial Professional to General Commercial and change the zoning from C-P to G-C. Location: Southwest corner of SW Scholls Ferry Road and SW North Dakota Street (Parcel 3 of MLP 94-0013). Applicable Review Criteria: Comprehensive Plan Policies 1.1.2, 2.1.1, 5.4, 8.1.1 and 12.2.1 (2); and Community Developmend Code Chapters 18.22, 18.32, and 18.62. Zone: G-C (General Commercial) - allows for several uses including convenience sales and services, eating and drinking establishments, general retail sales, and medical and dental services. 7IM22 are 'itl,_ t 8:45 p.m. a. Open Public Hearing 8:50 p.m. b. Declarations or Challenges 8:55 p.m. C. Staff Report: Community Development Department 9:00 P.M. d. Public Testimony - Applicant - Proponents - Opponents - Rebuttal 9:20 p.m. e. Staff Recommendation 9:25 p.m. f. Council Questions g. Close Public Hearing 9:40 p.m. h. Council Consideration: OrdOaRee-No. 95-,3q COUNCIL AGENDA - JULY 11, 1995 - PAGE 3 0. 9:50 pa.m. ~ Ai9t CtatA®t ,~iAG¢/la vrp~rwwa ®ww.w,w.w w..w-w - , ~A asv~otvvtt. oate~~oe~eC~&i ®®V6~A - REQUEST FOR FUN-WING F R " v oiE wo-a-AjR' OF THE ART" a. Staff Report -Finance Director b. Council Consideration - Resolution No. 95-_ 10:05 p.m. S. SEVERE WEATHER SMELTER UPDATE a. Staff Report - City Administrator b. Council Questions/Discussion 10:20 p.m. 9. APPOINTMENT OF A COUNCILOR TO THE HISTORIC SITES AND DISTRICTS COMMITTEE a. Staff Report - Community Development Department b. Council Questions/Discussion C. Appointment by Mayor 10:35 p.m 10. NON-AGENDA ITEMS 10:45 P.M. 11. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. 11:00 P.M. 12. ADJOURNMENT f h:\reoordo.\cca\cca0711.95 w COUNCIL AGENDA - JULY 11, 1995 - PACE 4 3 ~ y o, f J v Council Agenda Item TIGARD CITY COUNCIL MEETING MINUTES - JULY 11, 1995 • Meeting was called to order at 6:36 p.m. by Mayor Nicoli. 1. ROLL CALL Council Present: Mayor Jim Nicoli; Councilors Paul Hunt, Bob Rohlf, and Ken Scheckla. Staff Present: Bill Monahan, City Administrator; Jim Coleman, Legal Counsel; Ron Goodpaster, Chief of Police (Study Session only); Jim Hendryx, Community Development Director; Carol Landsman, Senior Planner; Liz Newton, Assistant to the City Administrator; Ray Valone, Associate Planner; Ed Wegner, Maintenance Services Director (Study Session only); Catherine Wheatley, City Recorder; and Randy Wooley, City Engineer. STUDY SESSION • The Tigard City Council went into Executive Session at 6:36 p.m. under the E provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. li Executive Session adjourned into open session at 7:22 p.m. • Public alcohol consumption ordinance proposal - Chief Goodpaster reviewed this issue. He advised staff had been looking at a draft drinking-in-public-places ordinance to gain the ability to deal with people who cause problems. Chief Goodpaster advised he was presenting this issue to Council to hear their ideas or concerns on this matter. Chief Goodpaster advised this proposed ordinance would not pertain to anyone s. consuming alcohol in their own yard or at licensed OLCC events. In addition, alcohol consumption would be permitted in such places as a sidewalk cafe. The ordinance is looking to restrict or prohibit alcohol consumption in public places, at such places as City parks or walking down "Main Street" for example. Council discussion followed. It was decided that the Council would again discuss the matter on July 25, 1995. Some issues td be resolved, including the following points or situations: AIA11 1T[+ ~ l~ CITY ^01 1K1r%11 11 Vv~wi~ nw wnlvv 1 ES - JVLT 11 , 1995 - PAGE 1 r Alcohol at public or private wedding receptions or similar private functions r.d is ®ae•lrlrn c ri7 rawwoe rarr.,...±*.. n in the nark, Concerns with "responsible" people consuming wine and beer in a park. Questioned whether this needed to be regulated. How to address people who are "not responsible." Present Council with a clear understanding of what the ordinance is trying to accomplish. Advised that at least one Councilor would not want an ordinance created which would "look the other way" in some instances. WalnuttTiedeman Intersection Consensus of Council was to agree that City Engineer Wooley should proceed with securing a potential funding source for the intersection improvements. • Speed Bumps City Engineer Wooley reported that City staff was going ahead with the process to construct speed bumps on three of the four streets named by the Citizen Involvement Teams. Part of the process was to determine whether the neighborhoods supported the speed bumps. It appears Summerfield Drive does not have the required neighborhood support. Metro 2040 Comments After brief discussion, Council decided to schedule a more in-depth discussion on the Metro 2040 project on July 25. The purpose of this discussion will be to determine comments that should be forwarded to Metro on the project. • Summerlake Park City Administrator Monahan reported that survey crews will be at Summerlake Park to determine park property lines. In some instances, it appears that private property owners have installed sprinkler systems which may be on park property. Council meeting recessed at 7-An rn, rn Council meeting reconvened at 7:46 p.m. CITY COUNCIL MEETING MINUTES - JULY 11, 1995 - PAGE 2 gill I 111F, OMEN- Mail BUSINESS MEETING n A it r•... ..+..:F r-mow. w...n:....~:...., I.T VVYIIVII VVI/11116d111V01►1V11.7 F. Councilor Rohif advised that the 130th/VVinteriake Task Force met for the first time on July 10. Councilor Scheckla announced that the Community Development Block Grant Board meeting was postponed from July 12 to August 10. 2. Festival of Balloons - Update/Presentation (This item was set over to a future meeting) 3. VISITORS AGENDA Michael Brewin, 9955 SW Kable, Tigard, Oregon, presented a petition to the City Council from the residents/homeowners in the vicinity of 9800-9900 of SW Kable Lane and SW 100th. Mr. Brewin testified with regard to the fact that many small children live on SW Kable Lane. He advised that visibility on the street is hampered where the street curves, due to houses and legally parked boats and cars. Mr. Brewin advised that 25 miles per hour is too fast to be traveling through the curves and recommended the speed be reduced to 20 miles per hour. He advised that many times people drive in excess of the speed limit and that neighborhood children are at risk. Mr. Brewin requested that in addition to a lower posted speed limit of 25 miles per hour to 20 miles per hour, that a "children playing" sign be posted. He also asked for a southbound stop sign on SW 100th at SW Kable. After discussion, this item was referred to City staff, including the Engineering and Police Departments, to determine the possibility of the request presented by Mr. Brewin. r CITY COUNCIL MEETING MINUTES - JULY 11, 1995 - PAGE 3 s a z_ ~e F"M INA Nis 151,11 a ro -4 t=~ ± ~ r 4. CONSENT AGENDA 4.1 Approve Agreement for Construction of Recycled Wastewater Pipeline to Cook Park 4.2 Approved Agreement with Unified Sewerage Agency to Provide Recycled Wastewater for Irrigation at Cook Park. 4.3 Grant Easement to Oregon Department of Transportation for a Traffic Sign to Encroach on City Hall Property - Resolution No. 95-32 Council discussed Agenda Items No. 4.1 and 4.2. These items were set over to July 18, 1995. Council asked for clarification on several items, including the following: • If we add acreage to Cook Park which the City will want to irrigate with effluent, does this contract give us the ability to increase the amount of effluent taken? • Will the agreement prevent us from obtaining more effluent in the summer from USA? • III the pipe size proposed in the agreement handle the City's needs if it expands the size of the park? • The contracts refer to two dollar amounts; please clarify. • Is 60 psi enough to run the sprinklers, or will it be necessary to install a pump to run irrigation? • Is the 60 psi at the top of the property or below the top of the hill, and does this have any affect on the pressure that is available to irrigate? Council then considered Item 4.3. RESOLUTION NO. 95-32 - A RESOLUTION AUTHORIZING THE MAYOR AND CITY RECORDER TO SIGN AN EASEMENT TO THE STATE OF OREGON FOR A TRAFFIC SIGN ALONG HALL BLVD. Motion by Councilor Hunt, seconded by Councilor Scheclda, to adopt Resolution No. 95-32. R= Motion was approved by unanimous vote of Council present. (Mayor Nicoli and Councilors Hunt, Rohlf and Scheckla voted "yes.") CITY COUNCIL MEETING MINUTES - JULY 11, 1995 - PAGE 4' F 5. PUBLIC HEAPING - CONSIDERATION OF PROPOSED INCREASE TO THE METZGER PARK LOCAL IMPROVEMENT DISTRICT a. Public Hearing was opened. b. City Administrator Monahan summarized the staff report, which is on file with the Council packet materials. The purpose of the hearing was to receive comments from the public and Washington County representatives with regard to a proposed increase in the Metzger Park LID assessment. Impact to Tigard residents is estimated to be a $3.00 increase to the owner of a $100,000 home. The amount received from the district levy increase will be $60,500, up from the $40,500 currently received by the assessment. C. Public Testimony. • Larry Eisenberg and Chris Wayland testified, representing Washington County. Mr. Eisenberg reviewed the County's request as summarized in the Council packet material. In addition, Mr. Eisenberg distributed two pages of information: A bar chart entitled Metzger Park LID Six Year Revenue and Expenditure History. Metzger Park LID Assessment Increase Six Year Allocation. (Above information are on file with the Council packet material). Mr. Eisenberg reviewed the identified need for the assessment increase. In addition, Mr. Chris Wayland and several Board members from the Metzger Park Advisory Board were also present to answer questions. Mr. Eisenberg advised the assessment would take care of about 80% of the expenditures for the park. The remainder of the expenditures would come from user fees. Mike Donovan clarified that the park shelter was a 3,200 square foot building suitable for year-round use. Repairs were identified as needed for the building. • Mike Becklan, citizen who asked to comment, suggested that the operation worked as efficiently as possible. He suggested the County consider laying off one of the 20-hour-per-week employees, and hire one employee for 40 hours. He advised savings would be realized if just one person maintained the ground and rented the building. Mr. Becklan advised he was not against maintaining the park, but would like to see it run more efficiently. y CITY COUNCIL MEETING MINUTES -JULY 11, 1995 -PAGE 5 d. Council questions Col i Ccil- Hunt ao 1 mcnacd that is had stated pr Cviously t1 iC Uniy way he would vote for this increased assessment was if an inquiry had been sent out to Tigard property owners with a way in which they could send a response to the City. He noted he thought this was a good park and that the County staff was doing a good job. He had some concerns about double taxation an these residents insofar as they are paying taxes for City parks, and also paying this LID amount. He said he had wanted information from these residents about how they feel about this situation. e. Public Hearing was closed. f. Mayor Nicoli and Councilors Rohlf and Scheckla advised of their support. Comments were made about the good management job of the property. g. RESOLUTION NO. 95-33 - A RESOLUTION OF THE CITY OF TIGARD APPROVING AN INCREASE IN THE LOCAL IMPROVEMENT DISTRICT ASSESSMENT FOR THE OPERATION AND MAINTENANCE OF METZGER PARK. h. Motion by Councilor Scheckla, seconded by Councilor Rohlf, to adopt a Resolution No. 95-33. Motion was approved by a majority vote of Council present (3-0-1). (Mayor Nicoli and Councilors Rohlf and Scheckla voted "yes;" Councilor Hunt abstained.) It was noted that Washington County will be conducting a hearing on this issue as well. This hearing is scheduled for July 25, 1995. 6. PUBLIC HEARING (QUASI-JUDICIAL)) COMPREHENSIVE PLAN AMENDMENT AND ZONE CHANGE - CPA 95-0002/ZON 95-0003 A request to amend the Comprehensive Plan map from Commercial Professional to General Commercial and change the zoning from C-P to G-C. Location: Southwest corner of SW Scholls Ferry Road and SW North Dakota Street (Parcel 3 of MLP 94-0013). Applicable Review Criteria: Comprehensive Plan Policies 1.1.2, 2.1.1, 5.4, 8.1.1 and 12.2.1 (2); and Community Development Code Chapters 18.22, 18.32, and 18.62. Zone: G-C (General Commercial) - allows for several uses including convenience sales and services, eating and drinking establishirnents, general retail sales, and medical and dental services. a. Public Hearing was opened. CIS' COUNCIL MEETini , AAIKII ITFS _ ,Ill_,Y 11; -PAGE 6 1995 } b. Declarations or Challenges - Mayor Nicoll read the following statement: Do army members it ich M r~~nrP 9n" ey mnra~ o.,a a or _ _ army of Council tie information gained outside the hearing, including any site visits? (None were reported.) Have all members familiarized themselves with the application? (All members; indicated they were familiar with the application.) Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this matter or is there a challenge on the participation of any member of the Council? (There were no challenges.) Councilor Rohlf made the declaration that he would not participate in discussion or deliberation on this issue, because he lived on SW North Dakota Street which was near the property under consideration. C. Staff Report. Associate Planner Ray Valone summarized the staff report. The proposed r,y4 Plan Amendment and Zone Change concerns one parcel of land located along the west side of North Dakota Street just south of SW Scholls Ferry road. The applicant, Pacific Crest Partners Scholls, has requested this action in order to expand the range of permissible uses to those allowed under CG zoning. The Planning Commission recommended denial of CPA 95-0002/ZON 95- 0003 at its hearing of June 19, 1995. The proposed resolution, Final Order, and vicinity map for this proposal were submitted in the Council packet material. In addition, the applicant submitted a written narrative and traffic impact analysis. Mr. Valone reviewed the elements of the Final Order (see attachment to Resolution No. 95-34). Staff found that all applicable approval criteria to support a Comprehensive Plan Amendment and Zone Change have not been made. The statement submitted by the applicant regarding Comprehensive Plan Policy 1.1.2 (Implementation Strategy 2) requiring that the City find a change of physical circumstances has occurred, or a mistake was made in their original designation, is not a valid argument. It does not address a physical change of circumstances, but is based on the market demand for commercial retail and office land uses. Staff cannot, therefore, make findings to support the proposed amendment and zone change. CITY COUNCIL MEETING MINUTES - JULY 11, 1995 - PAGE 7 P"v d. Public Testimony. Mayor Nicoli read the following statement: { - For all those wishing to testify, please be aware that failure to raise an issue with sufficient specificity to afford the Council and parties r an opportunity to respond to the issue will preclude an appeal to the Land Use Board of Appeals on this issue. Testimony and evidence must be directed toward the criteria that staff will describe or other criteria in the plan or land use regulation which you believe apply to the decision. Applicant: Dan Boyden, owner of property, Pacific Crest Partners Scholls, 911 Oak Street, Hood River, Oregon, 97031, testified. Mr. Boyden referred to a map with regard to site data and reviewed the history of the zoning and conditions of zoning surrounding this property. Mr. Boyden was asking for { a C-G zone and would like to place a video store or neighborhood retail type of business in this area. He noted if the zoning was not changed, then a use such as a fast food restaurant would be permissible which would be less compatible with the neighborhood. >t Richard Allan, Ball, Janik, and Novack, 101 SW Main Street, Suite 1100, Portland, Oregon, 97204, also testified on behalf of the applicant. Mr. Allan noted that the staff report did not advise that with the Planning Commission denial, none of the Commissioners were happy with the situation created by the zoning code with regard to the uses allowed and not allowed. Mr. Allan said the Planning Commission vote was 3•-2, and discussion occurred over the problem created when the C-N zone had been used by the St. Vincent Medical Center. A C-N zone cannot be used at two places at the same intersection. He advised the Planning Commissioners "felt they didn't have a way out" and. therefore voted to deny the application. He advised the application would be the least intensive commercial use and would serve the neighborhood. He advised the zone change could be limited to one of only three lots on the sites. In addition, Mr. Allan noted that Lots 1 and 2 currently have deed restrictions with regard to y commercial usage. Those deed restrictions would remain on those lots. a Mr. Allan distributed a copy of the City of Tigard Ordinance No. 86-58 and referred to a map contained in that ordinance (listed as Exhibit "A"). He asserted the uses provided do not necessarily serve a neighborhood. Mr. CITY COUNCIL MEETING MINUTES - JULY 11, 1995 - PAGE 8 F RION '4 M v g- Allan noted the St. Vincent Medical Clinic is also C-N zoning, but was also a permitted use under a different zoning. He noted this constituted a physicai change of circurn:tarces. He described the applicant's proposal for a deed restriction. He noted the intent of the 1966 ordinance was to serve the neighborhood. He advised that a change in circumstance citing the surplus and shortages of types of zoning which remained available. (see Council packet materials for the statement in support of application for quasi-judicial Comprehensive Plan Map Amendment and Zone Change that was submitted by the applicantlowner, Pacific Crest Partners Scholls. Mr. Allan advised the Planning Commission wanted to convey to Council that a solution is needed. He said it was important to meet the neighborhood's needs to allow commercial. There was brief discussion and questions presented by Council members with as to whether assurances could be provided with regard to uses of the property should this property be rezoned. Also discussed was whether the deed restrictions would be a viable alternative. Council also discussed whether this use would draw traffic through a residential area. Mr. Boyden advised that the Oregon Department of Transportation would not allow access off Scholls Ferry Road. He also referred to the traffic study done for the area. Mr. Boyden advised that uses in the C-P zone could generate more traffic than the video store, and noted this change would not increase traffic over those uses. In response to a question from Councilor Scheckla with regard to lighting on a video store, Mr. Boyden noted the identified tenant, Hollywood Video, advised they would work with the neighbors in that regard. With respect to the question as to what recourse the neighbors would have if it was felt that the lighting was offensive, Mr. Allan advised of the orientation of the building. There was some discussion about the fact that site development. review has already been done. Mr. Allan also advised that there was a 20- foot buffer area. • Dave Bloom, 12530 SW Glacier Lily, Tigard, Oregon, testified in support of a video store. He advised he would prefer a video store over a fast food restaurant. He noted that there was an offer for a deed restriction. Mr. Bloom referred to City of Tigard Ordinance No. 95-15 regarding parking restrictions. He would like to have the area posted with a no parking/stopping sign or a tow zone sign much the same as the City of Beaverton has done on some of their streets. Regardless of the outcome CITY COUNCIL MEETING MINUTES - JULY 11, 1995 - PAGE 9 of the this hearing, Mr. Bloom advised he would like to see these signs posted. Mayor Nicoli advised the City Administrator would review Mr. 7 ♦ with J A- Al- Bloom s requesI. with regard LO U1 Slgfl~. Ron Holbrook, 9880 SW 90th Avenue, Tigard, Oregon, 97223, advised he lives in the neighborhood and was very much in favor of the zone change, noting it would be positive for the neighborhood. He said he lives 1.4 miles from this intersection and would travel to this site from Scholls Ferry Road to SW North Dakota. • Mark Perkins, Hollywood Videos, 6152 SW Bonita Road, No. 8107, Lake Oswego, Oregon, 97035, noted that Hollywood Video would like to locate in this area which is not currently served by Hollywood Video. In response to a request from Councilor Scheckla, Mr. Perkins reviewed his hours of operation and advised of the amount of parking needed for such an operation. • Leslie Cooper, 12560 SW Glacier Lily, Tigard, Oregon, 97223, testified in favor of the request made by the applicant, noting she would rather have this neighborhood type of use as opposed to professional offices, and noted the neighborhood would use it more. • Michael Schock, 8435 SW Halter Trail, Beaverton, Oregon, 97008, noted he has lived in the area since 1984 and shops and patronizes businesses in this area. He advised he believes this would make a good addition to the neighborhood. He noted the changes over the years, which included development of single-family and multi-family dwellings. He also pointed out that Scholls Ferry Road has been changed to a five-lane road and is f well lighted. He said it is difficult to find tenants that are good for small retail operations. He said he believed the applicant would offer a great addition and expressed his support. • Vicki Cowan noted she lives adjacent to the proposed property and advised she was not opposed to a video store, but expressed concerns with the hours of operation. She referred to testimony wherein it was indicated that some of the video stores are open until 2 a.m. Ms. Cowan advised she would prefer a video store to a fast-food restaurant. • William T. Hefferfinger, 10662 SW 127th Avenue, Tigard, Oregon, 97223, testified that he owned and resided in the house directly behind the subject property. He referred to previous problems with raw sewage and other conditions of the property. He noted he wouid rather see a video store than a fast-food restaurant on the subject property. CITY COUNCIL MEETING MINUTES - JULY 11, 1995 - PAGE 10 ~y) V Y ,k T n SIM G: • France Peters, 10648 SW 127th Court, Tigard, Oregon, 97223, testifed that she lives behind the subject property. She would rather have a video r~n}. hivup~~GP Clop ~1/'~ P [2 twe~rr~n~.r=4M ._ot_ P'om - ! lighting and hours of operation. Ed and Parrm Halberg, 12630 SW Glacier Lily Circle, Tigard, Oregon, 97223, testified as co-Presidents of the Summerlake Homeowners Association. On behalf of the Association, Mr. and Mrs. Halberg testified in support of the application. Mr. and Mrs. Halberg noted they have made inquiries and distributed questionnaires asking about the support of the application. The majority of the Association was in favor of the video store. It was noted the business is neighborhood oriented, and the residents could walk or bike to the store; thus not adding to traffic. Mrs. Halberg referred to the proposal for a deed restriction for the site. In addition, the homeowners do not want a fast-food restaurant. Mrs. Halberg referred to people opposing the zone change who live outside the City and are doing so for monetary reasons. Mrs. Halberg advised this was a neighborhood- friendly use and Hollywood Video has indicated they will work with the neighbors and ask for Council to approve the application. Mr. Halberg emphasized that weight should be given to the neighborhood's desires for this use the opposition does not live in the neighborhood. He advised he believes the applicant would work with the neighborhood to assure the use is what they want. In response to a question from Councilor Scheckla, Ms. Halberg advised she did not believe people would travel from out of the area to the video store since video stores are available at many locations. She also advised Hollywood Video Stores do not necessarily have the same lighting at every store; it depends on the location. In response to a question from Mayor Nicoli with regard to the 214 homes in the Summerlake Neighborhood Association, (how many responses were received to the poll), Ms. Halberg advised that between 50% to 75% of the people responded. Opponents: • Dan Spriggle, 180 West First, Dundee, Oregon, 97217, advised he is the owner of three video stores. He reminded Council that the issue was not about Hollywood Video, but the Comprehensive Plan Change and Zone Map Amendment. CITY COUNCIL MEETING MINUTES - JULY 11, 1995 PAGE 11 q K1'Pl - M11 u He advised he believed there had been no mistake and no physical change had occurred that would warrant approval of the application. Mr. Spriggle submitted information to City Council (on file with the Council packet material) with regard to traffic information. He referred to a report from the firm Traffic Smithy and also a bar graph which showed sales. In addition, the information Mr. Spriggle reviewed with Council included a letter dated " y May 25, 1995 from Mackenzie Engineering, Inc. to Washington County Land Use and Transportation. Mr. Spriggle disputed the amount of trips that were estimated to impact the site. He advised there would be a significant traffic impact. Andrew Jordan, 1600 SW Cedar Hills Blvd., Portland, Oregon, and Wallace Hobson, 610 SW Alder, Portland, Oregon, 97205, testified as opponents to the application. Mr. Jordan noted he represented owners of the Nimbus Center. He advised they agree with the recommendation by the staff and Planning Commission. He advised there had been no change in circumstances or physical changes. He also disputed the use of tools such as deed restrictions that represented "ad hoc" planning. He noted if it was determined that the Code was defective, then the Code should be changed, rather than approving this particular application. Mr. Hobson advised he was present to testify with regard to past conditions. He had participated in a 1986 request for a zone change. He noted that at the time the area was over-supplied in office zoning and under- supplied in retail zoning. He said the C-P zone uses were extremely liberal and there was a healthy demand for such uses. Mr. Hobson also disputed the applicant's assertion that this was a retail location not suitable for office and gave examples of combination retail office sites in several areas. Mr. Hobson advised the applicant had used a scare tactic with alluding to the possibility of a fast-food restaurant if the zone change were not approved. He said he hoped Council would not respond to that tactic. Council recessed at 9:55 p.m. Council reconvened at 10:12 p.m. CITY COUNCIL MEETING MINUTES - JULY 11, 1995 - PAGE 12 Rebuttal: Mr. Allan advised that the opponents consisted of the owner of a video store across the street from this location, and the Nimbus Center which had a sign posted "Videoland Coming Soon." With regard to Mr. Spriggle's testimony on traffic, Mr. Allan advised traffic studies were done in the area and the information was provided as part of the record. He referred to Mr. Jordan's testimony concerning a tremendous increase in usage with a combined convenience and video store. Mr. Allan said there was no proposal for such a combined use. Mr. Allan referred to Nimbus Center representatives' testimony that the C-P zone was leasable. He referred to a closely related zone change request which was granted for Nimbus about a year ago. Mr. Allan disputed the claim that they had "terrorized" the neighborhood into the project. He noted the neighbors had contacted the applicant with concerns and the applicant had been working in good faith with the neighbors. Mr. Allan mentioned again the proposed deed restrictions which were offered to address concerns with regard to compatible uses in the future. e. Council Comments/Questions: Mayor Nicoli advised he believed the applicant's request was flawed; he could not determine where they had proved that a change in circumstance had occurred. Mayor Nicoli expressed concerns that information had not been presented so that Council could approve the request and have it stand up to a court challenge. Mr. Allan responded that the C-N zone was utilized in this area and therefore a C-N zone application could not be requested for the area. He also responded to the inquiry as to why a legislative change was not sought which would allow this use. A request for a legislative change was premature. He noted a legislative change would affect all of the City. Mr. Allan referred to the properties surrounding the area which were rezoned g. and have not been challenged in court. _ i Mayor Nicoli reiterated that he still had concerns that the criteria had not been met for a zone change and would not withstand a challenge in court. CITY COUNCIL MEETING MINUTES - JULY 11, 1995 - PAGE 13 Mi 1 1:118 11:11 CRIME,; _ ~3 tt Svc, .,y , yy xYS f. Staff Recommendation A~cnria~o ®ianner Malone advised that b -.erj nn the. inability of the. applicant to meet Comprehensive Plan Item 1.1.2, staff recommended denial. 4 g. Council (Questions Discussion on the proposed deed restrictions followed. Legal Counsel Coleman advised that deed restrictions would be enforceable. He noted the conditioning authority of Council was limited in this instance. He noted this would be a method to circumvent the allowed use limitation of the Code. He noted the test would be to determine how defensible conditions of approval would be. In response to Council questions, he outlined the method to make a text amendment. Legal Counsel Coleman advised that a text amendment, through the legislative process, would be more defensible. City Administrator Monahan also advised that no assurances could be made that a legislative text amendment would occur. He said that it may be that when such an amendment goes through the hearing process with Planning Commission and Council, other concerns may be discovered. h. Public Hearing Closed i. Council Consideration Councilor Hunt noted difficulties he had in turning this request down, especially in light of the support of the neighborhood. He said that it appeared that from advice from Legal Counsel, this request is not supportable in the way it is presented. He noted that if Council should have to deny the request, he would like staff to work with the applicant to pursue a different approach so that Council could find a way to support what the people want. Councilor Scheckla also referred to the neighborhood support for this request. He noted Council must live up to what the Code provides and that a solution must be reached in the appropriate way. In response to questions, there was discussion on the possibility of having the applicant prepare findings to support the request. After discussion, City Administrator Monahan noted that if new evidence is presented, then the hearing process would need to be reopened for additional testimony. CITY COUNCIL MEETING MINUTES - JULY 11, 1995 - PAGE 14 - a Legal Counsel Coleman also noted that a change could allow uses other than a video store which may be less viable for a neighborhood. RESOLUTION NO. 95-34 - A RESOLUTION BY THE TIGARD CITY r,. c COUNCIL ADOPTING FINDINGS AND CONCLUSIONS TO DENY AN APPLICATION FOR A COMPREHENSIVE PLAN AMENDMENT (CPA 95- 0002) AND ZONE CHANGE (ZON 95-0003) REQUESTED BY PACIFIC CREST PARTNERS SCHOLLS i. Motion by Councilor Scheckla, seconded by Mayor Nicoli, to approve Resolution No. 95-34 denying the application. Motion was approved by a majority vote of Council present, 2-1. (Mayor Nicoli and Councilor Scheckla voted "yes;" Councilor Hunt voted "no." Councilor Rohif did not vote on this matter see declarations and challenges under Section "b" above for this agenda item.) , Councilor Rohlf requested that if this issue was reconsidered, that the City notify residents along North Dakota Street. He noted the apparent unanimous support of the neighborhood may be altered, as he did not think the North Dakota residents had received notification of this matter. Mayor Nicoli advised the decision is final and appealable to the Land Use Board of Appeals. 7. COUNCIL CONSIDERATION - REQUEST FOR FUNDING FOR "THE AFFAIRS OF THE ART" This item was set over to July 25, 1995. 8. SEVERE WEATHER SHELTER UPDATE City Administrator Monahan and Interfaith Outreach Executive Director Kim Brown reported to Council on this item. Assessment of the pros and cons of operating the shelter at the Water Building was reviewed. (See staff report on file with the Council packet material). After hearing the update from City Administrator Monahan and Executive Director Brown, Council decided to discuss the issues further at a future meeting. Council agreed that the City staff should not take reservations for the Water Building for use of the building's rooms for the period November 1, 1995 through March 31, 1996. Council indicated that they were inclined to favor operating the shelter { every evening from November 1 to March 31, but would like to discuss the issue CITY COUNCIL MEETING MINUTES - JULY 11, 1995 - PAGE 15 X: a~ further. Council indicated they wanted to receive information with regard to the regional efforts addressing the homeless situation. Council was also concerned that a facility providing good meeting rooms was no longer available to the community. City Administrator Monahan advised that the Metzger Park Advisory Board is considering Tigard's request for a special non- profit fee for those people who would like to use the Tigard facilities who might be accommodated at the Metzger Park building. City Administrator Monahan noted that the Water Building is a better alternative than the Senior Center Building because of the lack of neighbor concerns associated with the Water Building. In response to whether Interfaith Outreach Services would be able to fund a seven-day-a-week program at the Water Building, Ms. Brown advised that additional funding was received from the County, Beaverton, and private organizations. Ms. Brown reviewed the plans that the Tigard Methodist Church has for leasing p land tat Interfaith Outreach. Interfaith Outreach will need to raise funds to erect a building on this land. There were concerns expressed by Councilor Scheckla with regard to where the people, who use the shelter at night, go during the daylight hours. Ms. Brown advised that many have jobs and go to work; those with children go to another facility where there is a parent/child program. Mr. Monahan noted that a seven-day-per-week operation would present other impacts referring to experiences at the Library. Councilor Scheckla suggested that a tent of some kind could be placed somewhere to a commodate people during the day. Councilor Hunt noted concerns with Tigard trying to support both the local project (facility at the Methodist Church) and the regional effort. Council will discuss this issue further and have representatives present from the regional effort. This will be scheduled in August on a Council agenda. Ms. Brown then presented a plaque to the City of Tigard in appreciation for the leadership Tigard has shown with regard to the homeless situation. Ms. Brown noted that Tigard was a leader in the County. CITY COUNCIL MEETING MINUTES - JULY 11, 1995 - PAGE 16 d t _ rv `•,425-. - d 9, APPOINTMENT OF A COUNCILOR TO THE HISTORIC SITES AND DISTRICTS ,Raw t-r%A AC. A 1T-rrr v.✓rv~rCl 1 1 LL Mayor Nicoli will serve on this committee. Council asked for clarification on the operation and scope of authority for this committee. Specifically, Council will need information on how to apply the historic overlay district section to the property if the City were owners of the property but not the building. 'Ig. NON-AGENDA ITEMS In response to a question from Councilor Scheckla, Community Development Director Hendryx advised that nine inquiries had been received with regard to the Planning Commission vacancies. Three applications have been returned; staff will give interested parties another week to turn in their applications. Mayor Nicoli and Councilor Hunt are on the interview committee for these positions. 11. ADJOURNMENT: 11:39 p.m. Attest: herine Wheatley, City Recorder or, City Tigar Date: ~~GI tws ccmo7l 1.95 H li 1 CITY COUNCIL MEETING MINUTES - JULY 11, 1995 - PAGE 17 e t~ W1 M COMMUNITY NE SPAP RS9 INC. Legal N503) 684-0360 k E C E I V F ~otice TT 8 2 4 9 a P.O. BOX 37 6EAVERT0N, OREGON 97075 q Legal Notice Advertising "JUL 199; ®City of Tigard ® ❑ Tearsheet Notic47ITY OF TIGARD. 13125 SW Hall Blvd. °Ti gard , Oregon 97223-8199 @ ❑ Duplicate Affidavit ®Accounts Payable-Terry 0 AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss. I, Kathy Snyder being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of the ~[J_gard-Tna 1 at; n `Mmes a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Tigard in the aforgsaid county and state; that the City Council Business Meeting 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: July 6,1995 Subscribed and sworn to fore me this 6 h d of July 1995 OFFICIAL SEAL ROBIN A. BURGESS NOTARY PUBLIC - OREGON Nota Public for Oregon COMMISSION NO. 024552 MY L4y i6 COMMISSION EXPIRES MAY16,1997 j ~TnTiiSSivn Expires: - - - - AFFIDAVIT _ R y L wism Y^ _i MOM Emil I The`foll"owing meeting highlights are published for your information: Full agendas.may be obtained from the City Recorder, 13125 S.W. Hall Boulevard, Tigard, Oregon 97223, 6r bylealling:639-4171. CITY COUNCIL BUSINESS MEETING JULY II; 1995. TIGARD CITY HALL TOWN HALL - - ` 13125 S.W. HALL BOULEVARD„TIGARD, OREGON Study Meeting (Red Rock Conference Rcom) (6:30 P.M.) e Executive Session:; The.Tigaid City Council, inay go into Execu- tive Session under the grrov ions of ORS 192;660 (1) (d), (e), & (h). to discuss labor relations, real property transactions, current." pending litigation issues x and p gen Review A ds Business Meeting (Town Null) (7:30 P.M.) x o . Public hearing- proposed assessment increase for the Metzger j Park Local Improvement District. a Public hearing- Comprehensive Plan Amendment'(CPA}`_ 95-0002/ZON CHANGE (ZON) 95-0003. A request to amend , the Comprehensive-Plait-inapi from- Commercial-Professional to General Commercial and change the zoning from. C-P to G-C. LOCATION: Southwest corner of S.W. Scholls Ferry Road and S.W. North Dakota Street (Parcel 3 of MLP 44-0013): Update: Interfaith Outreach Program in Tigard: Local Contract Review Board Meeting' TT8249 -Publish July 6, 1995. a . F~ BONN COMMUNITY NEWSPAPERS, I NC. Legal P.O. BOX 370 PHONE (503) 684.0360 i< E C E I `f igtLoe TT 8250 BEAVERTON, OREGON 97075 U L 111995 Legal Notice Advertising City of Tigard ® 13 Tearsheet Notice CITY UE71GARL 13125 SW Hal]. Blvd. 13 gTigard,Oregon 97223-8199 ® Duplicate Affidavit %ccounts Payable-Terry e AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss' I, Kathy Snydpr being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of thdPi anrd-Tualatin Times a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Tigard in the aforesaid county and state; that the Notice Pohl i ~ Mtg,MP, f-? sPr Park 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: July 6,1995 Subscribed and sworn to fore me this 6th day of July, 1995 OFFICIAL SEAL NOR RY PUBLIC OREGON COMMISSION NO. 024552 Nat Public for Oregon A1Y COMMISSION EXPIRES MAY 16,1997 Arty Commission (Expires: AFFIDAVIT yy tr ;NOTICE OF PUBLIC HEARING. TIGARI)-CITY COUNCIL MEETING - JULY 11: 1995 7:30 n.m: - TIGAR:D CITY HALL 13125 S W.*HAL:LBOULEVARD, TIGARD, QREGON 'CONCERNING ME"TZGER PARK LOCAL lh ROVEMENT DISTRICT PROPOSAL TO MLCREASE ASSES 'h&T 'igard'Gity Council received a',request fiom.WashingtonCbunty to. approve the proposed increase in the Metzger Park Local"Improvement District;assessment: The Council will conducta public hearing to hear tes-i. timony.and then consider whether or not to support this increase. County staff and members of the Metzger Park Advisory Board will be at" the hearing to respond to questions: ; ; If you have questions of C _ , . ity staff, please contact Cathy Wheatley; City. Recorder, at 639-4171, Extension 309. By: Catherine Wheatley, City Recorder TT82S0.:Publish July 6, 1995. MIME rr Iz E C V L~® UNI 1 Y NEW PAPER , INC. t.egso P.O. BOX 370 PHONE (503) 684-0360 Notice TT 8244 FJUL 0 3 199,5 BEAVERTON. OREGON 97075 -CITY OF TIGARD Legal Notice Advertising *City of Tigard ® ®Tearsheet Notice 13125 SW Hall Blvd. eTigard,Oregon 97223-8199 ® El Duplicate Affidavit *Accounts Payables-Terry •r• AFFIDAVIT OF PUBLICATION! ' STATE OF OREGON, COUNTY OF WASHINGTON, ass. I,_ Kathy Snyder being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of theTigard-Tualati n Times a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Tigard in the ' aforesaid county and state; that th Hearings-CPA 95-00027ZON Change 95-0003 a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ONE successive and s consecutive in the following issues: June 29,1995 L Subscribed and sworn to oremethis29t:h day of June, 19 e 4,. OFFICIAL SEAL t ROBIN A. BURGESS ` NOTARY PUBLIC - OREGON Nota ublic for Oregon COMMISSION NO. 0246,52 A4Y My Commission Expires: COMMISSION EXPIRES MAY 16,1997 AFFIDAVIT - M,, t, 'r x5 "The fallowing will be considered by the TigardCit, ouncrl bri i "•Q1 " 4925, at 7.30,P:M , at theTigard Crvic Center,.Town; Hali Rbbm, 13125 "S W Hail, Boulevard„Tigard, Oregon 97223.-Both public Drat, and written ritxsu; on- ,s-invited. The vublic he*a""* :,on:this matter :will be conducted;. -in accordance:with the rules of Chappter 18.32ot uie . -igardti4uni- ode, artd'rules and prose Cares of the City,,Cotinci.,; lare.to raise an ::issue in persori bri by letter precludes an`appeal aril fa lhre to specify, the,' triterian'from the CoinmurrrtyDe~eloptnent Cone,ar Comprehensive Plan at whioh"a cornment"is directed precludes `a nappeal Based on :tri,&rian. Purthcr inf&ination ma be.abfainW from the Plannio Div"that . y g ision' 4,13125 S.W. Hall,Bldd ,Tigard, Oregon 97223; or bycallrng 639-4171: ; PUBLIC HEARING COMPREHENSIVE PLAM AMENL3MENT'OLTM 95-0002! ZONE CHANQE (Wffi95- 3 Trequest to amend the Cornprehcs sive Plaivlvlap from Corti mcrclal Pgofessional to General Commercial and change the-zonin from C-P to G C: LOCATIO,N •Sbuthwest`corne.r,of S.W; Setiolis Fes y"Road and S W North Dakota Street (Parcel 3,of MLP_94-0013): APPLICABLE REVIEW CRYTEIfIA :'Comprehens`i:vc Plan Policies-1:1;2, 2:1 "1, 5.4, 81 1 and 12:2.:1 (2),"snd Corn►nunity" Development Code Chapters 18.22, 1$ 32'and 18 62 ZONE: G G (General.Commeicial) -'allows;for several uses iucludin coeivenience sales and-"service"eating and drinking es' - tablishinents :general satail saps, and medical and.dental services.. i 0 4 z SITE' , A.. 0 17:824a - Pi bush Jnne 29,1995 t' ~ Ll lg~ d Depending on the number of person wishing to testify, the Chair of the Council may limit the amount time each person has to speak. We ask you to limit your oral comments to 3 - 5 minutes. The Chair Ray further limit time if necessary: Written comments are always appreciated by the Council to supplement oral testimony. Af EII~I~A r1rE N®.. 6 DAT i July` 11, 1995 PUBLIC HEARING (QUASI-JUDICUL) - COMPREHENSIVE PLAN AMENDMENT SAND ZONE CHANGE - CPA 9 /ZON 9 A request to amend the Comprehensive Plan map from Commercial Professional to General Commercial and change the zoning from C-P to G-C. Location: Southwest corner of S` V Scholls Ferry Road and SW North Dakota Street (Parcel 3 of NILP 94-1013). Applicable Review Criteria: Comprehensive Plan Policies 1.1.2, 2.1.1, 5.4, S. 1.1 and 12.2.1 (2); and Community Development Code Chapters 18.22, 18.32, and 18.62. Zone: G-C (General Commercial) - allows for several uses including convenience sales and services, eating and drinking establishments, general retail sales, and medical and dental services. PLEASE SINN IN TO TESTIFY ON THE ATTACHED SHEETS 4 Y a ~X , 31 PLEASE PRINT ro onerrt - (Speaking In Favor) Opponent - (Speaking Against) Address an na Name, No. Address and Phone No. 7 ®.~-.S 3 0`~ FL-t a ea_ /i l el 4 vv • '07 Name, Address and Phone No. Name, Address and Phone No. oro { ~~~or oc^ V-' ADkF tt) MDAM 0 G' 1606 Sad C ~ ~CA , ~P- -yzf zzR~ Qrd 7722-S Name, Maress and Phone No. ~ Name, Address and &y/- 71 71 Phone No. / (n(Sa SLJ GbAZA, a-.Q . -b/44a7 P N (D!b Sru Acbrk L. ~s ~ aQ. a?~3S o~TG11 it~`b Q ~ y'7ZO ~ 2?.G -~(v!~ Name, - rasa an one o. rame, Address an one o. S,bc1.GC•'~G l.,L ~l x .1-2560 frt& 0 r~- 97 -zz 3 er' 11 - , dress and Phone W. P ,p Name, Address and Phone No. - ;c~Oe\ SGl~.ock f .I \P 7Zr, 3S 5 L;--) 4-Fa k~er e, Address an ono No. Name, Address an one Nom y \7 t 0-. k 23 Name, Address and Phone No. ~ Name, Address and Phone No. r-A C--~ Flo Nyme, Address and Phone No. Name, Addresa and Phone No. ./0Gyg so cfi sa3) O 97-~3 Name, dress and Phone No. Name, Address and Phone Gn`z ~A.nit ~A6,11~e,Y-GI 6 f (n) G. G i 2 V i, t tZ _ ~lC~fx2-7 ~jYL.C GIB ~ ~t~ u~04 f) A) `Yr _ i 1 A IY JCS 4p h.. f` r ~r r Street Safety Petition Dear Tigard City Council: We (the undersigned) are resident-homeowners in the vicinity of the 9300- 9900 block of SW Kable St. and SW 100th. Please be advised of the following existing situation: 1) there are many small children living on SW Kable; 2) visibility is hampered where the street curves, due to houses and legally parked boats and cars; 3) 25 mph is too fast to be traveling through the curves; 4) other people (mostly young drivers) often drive in excess of the speed limit up our block for thrills; accordingly, 4) our neighborhood children are presently at risk. We therefore implore the city to do the following: 1) lower the posted speed limit of 25 mph to 20 mph on our block, because of these factors; 2) post a children playing sign; and 3) add a southbound stop sign on SW 100th at SW Kable, where young drivers are now swerving around the corner (east and west bound traffic on Kable already have stop signs). Thank you. Name Address 1 Aae~ M) S- k4 2 CW 5 C® I c76 SW l QCN ~Jf, 7 ~ 8l-~&--" l tGi-~5 E, s 9 h ` Ira S~ 10 c4~ 100 a1le-+ 53~ 12 990 jjj 1/, q ~/IVLC~ Fob►1 ~ uv ~ pro v ~ v y TA-11,parr b~ 1ICO- sw Street Safety Petition Dear Tigard City Council: We (the undersigned) are residence homeowners in the vicinity of the 9800- 9900 block of SW Kable St. and SW 100th. Please be advised of the following existing situation: l) there are many small children living or, SW Kable; 2) visibility is hampered where the street curves, due to houses and legally parked boats and cars; 3) 25 mph is too fast to be traveling through the curves; 4) other people (mostly young drivers) often drive in excess of the speed limit up our block for thrills; accordingly, 4) our neighborhood children are presently at risk. We therefore implore the city to do the following: 1) lower the posted speed limit of 25 mph to 20 mph on our block, because of these factors; 2) post a children playing sign; and 3) add a southbound stop sign on SW 100th at SAY Kable, where young drivers are now swerving around the corner (east and west bound traffic on Kable already have stop signs). Thank you. Namr, A r s P, ,Q - * I ~ W65 qR C4O a),) ICa.b)e c5-1-" VJt o'e 3 e,r- i 7 SPAS 4 -7 ,rhP" i e 9 10 X ~D 12 13 F Z V' - Street Safety Petition Dear Tigard City Council: F We (the undersigned) are resident-homeowners in the vicinity of the 9300- 9900 block of SW Kable St. and SW 100th. Please be advised of the following existing situation: 1) there are many small children living on SW leable; 2) visibility is hampered where the street curves, due to houses and legally parked boats and cars; 3) 25 mph is too fast to be traveling through the curves; 4) other people (mostly young drivers) often drive in excess of the speed limit up our block for thrills, accordingly, 4) our neighborhood children are presently at risk. We therefore implore the city to do the following: 1) lower the posted speed limit of 25 mph to 20 mph on our block, because of these factors; 2) post a children playing sign; and 3) add a southbound stop sign on SW 100th at SW fable, where young drivers are now swerving around the corner (east and west bound traffic on Kable already have stop signs). Thank you. Name Address 9955 i~- 4 Cam-- q9 C) 6 (l~H. / U a yo 10 Jar Z4 s,v, kab~e 12 Aft 13 -6u-y 14, 'j'S Fr eeK-WO-V q S S (o - e r AGENDA ITEM # Ij For Agenda of - Il g , CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY 0.~ ISSUE/AGENDA TITLE Agreement for construction of recycled wastewater pipeline to Cook Park PREPARED BY: J. A ke. DEPT HEAD OK CITY ADMIN OK ISSUE BEFORE THE COUNCIL Should the City participate in a cooperative arrangement with the Unified Sewerage Agency, the City of Tualatin and the Tualatin Country Club to construct a pipeline that will carry recycled wastewater from the Durham Treatment Plant to various locations including Cook Park for irrigation purposes. STAFF RECOMMENDATION Authorize the City Administrator to enter into an agreement with the Unified Sewerage Agency for construction of a recycled wastewater pipeline to serve Cook Park at a cost of $38,760. - INFORMATION SU1~IlylARY On May 30th of this year the City Council discussed this concept and directed staff to continue our involvement with the project. This agreement will allow construction of a pipeline that can supply all of Cook Park's irrigation water needs. Last year, the City paid $10,000 for water at Cook Park, mostly for irrigation. Presently potable water costs $1.32 per 100 cubic feet; recycled wastewater presently costs $ .06 per 100 cubic feet. With this pipeline the City should be able to significantly cut irrigation water costs. In addition to the immediate cost savings in water purchases, this will also help conserve our supply of potable water and be a good example of water conservation by a public agency. '''r=z OTHER ALTERNATIVES CONSIDERED Do not participate at this time FISCAL NOTES There is $38,800 appropriated in the FY 95-96 budget in general C.I.P. for ®t-hia project. ` F • • ~~t AGREEMENT CITY OF TIGARD AND UNIFIED SEWERAGE AGENCY RECYCLED WASTEWATER PIPELINE THIS AGREEMENT is made and entered into by and between the City of Tigard an Oregon municipal corporation, herein "City", and the Unified Sewerage Agency of Washington County, a County Service District under ORS Chapter 451 and municipal corporation, herein "USA" or "Agency„ WITNESS: WHEREAS, City and USA have agreed that there is a need to design and construct a pipeline to provide recycled wastewater to serve certain lands in the vicinity of the Cook Park Community Park for the purposes of irrigation supply and referred to as the Tualatin - Tigard Recycled Wastewater Project, herein "Project"; and WHEREAS, the alignment of the pipeline of the Project and the schematic rendition of the facilities to be contained within the Project are attached to the Agreement and marked "Exhibit A"; and WHEREAS, the governing bodies of City, USA, and others have agreed and approved the construction and funding of the Project. THEREFORE, IN CONSIDERATION of mutual promises and covenants contained herein and the authority of ORS 190.010 and 451.560, parties agree as follows: 1.0 Pro-ject Costs Project costs are all costs incurred by USA attributable to the construction of the recycled wastewater pipeline and associated facilities, including engineering, legal, survey, permits, construction management, acquisition of property interests, construction inspection, and administrative costs. 2.0 The Project The Project which is the subject of this Agreement, is shown on the attached Exhibit A which shows the various facilities that will be part of the Project. Exhibit A is intended to be a schematic rendering of the Project. After more detailed engineering studies have been completed, the Project may be changed in some respects by the mutual consent of the ;t. parties. The Project may be built to serve only the Tualatin Country Club, or may also is 'r serve Tualatin Community Park (City of Tualatin) and Cook Park (City of Tigard). 3.0 Engineedup, a 'onstruction Management Services Engineering and construction management of the Project shall be the responsibility of USA. 3.1 USA shall conduct a predesign meeting with Country Club, City, and other Project participants for the purpose of reviewing the Project concept and identifying any issues of concern regarding Project design. City may review any design documents and attend any Project meeting, provided that any direction to the engineer shall be given by USA. 3.2 USA shall prepare the bid documents, advertise and supervise the invitation and opening of bids for construction of the Project in accordance with the requirements of state law. If a contract is to be awarded, the lowest responsive bid from a responsible bidder shall be approved by the governing body of USA. 3.3 USA shall provide for general management and supervision of the Project, including any construction contracts, and provide for periodic and final inspection of the Project. 4.0 Acquisition of Easements an Property. USA shall be responsible for preparing and acquiring necessary easements for the Project. City shall grant any easements across its property that may be required for the Project at no charge to USA. 5.0 ~S;iI ~halang. 5.1 As outlined in the estimate of Project cost and cost sharing set forth in. Exhibit B, the City shall contribute an amount estimated at $20,434.00 toward Project costs. 5.2 Upon completion of design, and prior to bidding the Project, USA shall request commitments from the Tualatin Country Club, the City of Tigard, and the City of Tualatin as to whether they will participate in the Project. If the Country Club elects not to participate, the Project will not be constructed. 5.3 If Country Club elects to proceed and City elects not to participate, Country Club shall be responsible for subsequent Project costs, City will be responsible for its A share of Project costs through completion of design, and USA will exclude from Project the elements to serve City. fir 5.4 If Country Club and one or both cities elect to participate, USA's Project manager shall develop an allocation formula for construction progress payments, consistent Tigard RWW Pipeline 2 ~~IG~a h with the estimated cost allocation in Exhibit B and with any bid schedules. Such formula shall be expressed as a percent. City shall pay its percent of costs incurred through completion of design, within 30 days of notice and billing by USA. 5.5 USA shall make periodic payments to the construction contractor in accordance with the contract documents. USA shall bill the City for its share of the progress payments to the contractor, as determined in paragraph 5.1. City shall make the periodic payments within 30 days of receipt of USA's invoice. Any payments not paid when due shall accrue interest at 9 percent per annum. 5.6 USA shall keep an accounting of all costs of the Project. The account of costs of Project shall be updated no less frequently than every 30 days. USA, in a timely manner, shall provide City with any information necessary for computation of cost of Project. 5.7 USA shall have the authority, as provided in its contracting rules and procedures, to approve change orders to the construction contract, and shall have authority to approve changes required to avoid delay and deal with unexpected conditions. USA shall inform City of any such change orders that would increase Project cost. After the construction contract has been awarded, USA shall not request additions to the contract that would increase the Project cost above the estimate in Exhibit B, except upon 30 days notice to City. If, within such period City objects, USA may pay the cost of the change and negotiate further with City, or may elect not to proceed with the change. 5.8 Upon completion of the Project or upon early termination, when all costs are known, USA shall make a final accounting of Project costs. If City's share of such costs is less than the amount paid by City, USA shall refund that amount. If such costs exceed the amount paid by City, it shall remit the difference to USA within 30 days. 5.9 If additional users are served by the Project in the future, USA agrees to use its best efforts to obtain a capital contribution to the cost of the Project, and if any such funds are obtained, to pay them to Project participants in proportion to their funding of this Project. The parties agree that USA shall have no legal obligation to obtain such funds. 6.0 Operation and Maintenance of Facilities. Provision of Recycled Wastewater r 6.1 After completion of construction of the Project, USA shall operate and maintain all publicly owned elements of the Project, from the Durham facility up to and including the flow meter, and any additional public line extensions. City shall maintain and operate distribution lines and supporting facilities attached downstream of the flow meter and located on its property. Tigard RWW Pipeline 3 6.2 USA and City agree to negotiate in good faith to develop an agreement for provision of treated wastewater from the USA Durham facility, through the Project, to City. The agreement for provision of treated wastewater shall be the sole basis for provision of wastewater to City. 7.0 Iis =s Between City an USA In the event of dispute between City and USA as to construction of the Project or any terms or conditions under this Agreement, the parties shall first attempt in good faith to negotiate to resolve same. In the event resolution of any dispute cannot be attained by the parties, the dispute shall be submitted to mediation within 60 days. If the dispute cannot be resolved by mediation, either party may pursue any rights and remedies It may have through legal action. Venue shall be in Washington County, Oregon. The prevailing party shall be entitled to attorney fees at trial and on any appeal as determined by the court. Tigard RWW Pipeline 4 STVnt '2 c AGREEMENT CITY OF TIGARD AND UNIFIED SEWERAGE AGENCY RECYCLED WASTEWATER PIPELINE DATED this day of , 19 ~'ITYa O~"''IGGA:':?, OF~'GON UNI~'iFD SEWERAGE AGENCY OF ~.aa OF n nv WASHINGTON COUNTY OEM By: By: City Manager General Manager Approved to Form: Approved to Form: By: By: City Attorney USA Counsel N:\PLANNING\AGREEMEN\'nGCITY.WPD]une 21, 1995 Tigard RWW Pipeline 5 R$~ l ,../1. EME FIRM NINE I_ _ r Ks ;Juu 1301 EXHIBIT A ( WAVERLY 2 ~ AC W CONS17tUCTION dOHN THOMAS USA vi DURHAM 700 !SO® 13C0 1302 W fAC1LITY 15.25 AC 21.13 Al 13.1•AC 1.97 AC " CITY CHARLES JOHN USA `.r 29100 IF ~ LAMB THOMAS rv ~ 17.98 AC :IGARD USA CITY OF UPPER TUALATIN O DURHAM INTERCEPTOR O USA LOWER TUALATIN • b INTERCEPTOR 101 100 6 INCH 35.91 AC CITY 31.15 AC 7700 CI CI JOHN ® r~ 8 AC THOMAS TIGARD 1 OF COOK PARK DURHAM wo D 200 TUALATIN COUNTRY $r CLUB 300 13.87 AC' JOHN CKox 1 10 INCH INCH 4 i8oo 6.37 A CITY OF TUALA SECTION "J SCALE 1" = 500' SM TUAIAT IN RO ECYCLED WASTEWATER unified SOUTH OF DURHAM FACILITY sewerage agency ny Ex"IBIT B 10 l!r» flied SeNerage Agency cycled Wastewater Pro'ect BeCost Summary • Total costs River Crassln at n---'"`ttet^y, Eneineatin Consinic5 4:. $188 806 Pi eiine Construction Wisc. Valves ~ 520 $73600 aline i2 inch Section 3 'Section 4 Section 5 $1404 0 $38760 AX anion - Smaller Pi pormtt6 Section2 $6 000 $0 p 434 !ion 1 ' ~O y,. project Engineering, Section 1 $0 $0 $4Bp0 Surva n ' $34'i88 $6 400 $20, v Eas®ment $9126 $0 p $480 $ $0 .':.Aceas • ~ 332 _ $p p $1 160 $0 702Q $3 i20 15 000 $2 812 $6000 $0 S0 Tualatin Count Club % $i 5 840' $754 $0 $p $0 $0 2ao00 2a8 000 Cit o1~i 5.e°t $3 82s $p $o s 01011 so000 01 Tualatlin $p 6 Oap Ct 0.0°to 37 000 5 000 U.S.A °I 66000 13 000 15 000 • ° Total Cost of Element 100.0 'total costs River Crossin er i_ntlt nod rzi 472 8003 Misc. VaN~ E 653 Pt eilne u size f tom 12 to 18 (nchPi eitna Construction 614 $61 472 Section 4 Section 5 F $6000 $12168 $0 $37 anion - i at er 0 Stem s% oc4 Englneocing, in permits SaCtion2 Section 3 $4 166 p tlon 2-S Ole prof Sectton 1 $0 $49 754 $0 $0 $378 $5 056 $18,964 t o, $13 841 $0 $0 $0 $1 000 $39 880 Acroa o EaSeri $40154 739 $15 000 $5 000 $1 MR $13 472 club so.6°t° $4 092 $0 $2666 Tualatin count 20.8% 13748 $1138 $0 0 $285 500 80 Cit 000 000 °f TI arcs $3300 3 033 $0 $10 904 6 to 6 000 20 000 Cl aala4ln 5.0o $8 01 T Va. 0 to 798 5 000 50 22 750 15 000 647 66.000 inn. 'rota) Cost of Element f 7 { e size from 12 i° 1 Inch. • SA contribution is based bii the added cost far Increasing P A U • CASCC2.V 11107194 r yY MOM Y Rroject Percentage Summary Tables Project Project Acreago Pipeline Construction River Crossing Acreage Percentage Percent of Project o Lion 1 Section 1 Section2 Section 3 Section 4 Sectiori 5 Misc. Vaves Enqineednq Construction Tualatin Count Club 73. 70.2% 70.2% 0.00/0 92.4% 0.0% 100.01/16 70.2% 92.011/0 92.0% City of Tigard . 24.0% 24.0% 100.0% 0.0% 0.0°'0 0.0% 24.0% 0.0% 0.0% Cj of T, Uaiatin .5.8% 5.8% 0.0% 7.6% 100.0% 0.0% 5.8% 8A% 8.0% t1.S.A 0 0.0% 0.0% 0.0% 0.0% 0.0°/0 0.0% 0.0% O.Oyo Total Cost of ElemenJ-2E51' 900.0% 100.0% 100.09'0 100.0% 10Q.09'0 100.0% 900.09'0 100.0% Project Project Acreage Pipeline Construction River Crossin Acreage Percentage Percent of Pro ect o tlon 1 Section 1 Secti6n2 Section 3 Section 4 Section 5 Misc. Valves :neeri Construction ` Tualatin Count C16b 73 60.8% .60.8% 0.0% 76.8%, 0.0% 100.0% 60.8% 76.8% 76.8% r C1 of Tigard 25 20.8% 20.8% 100.0% 0.0% 0.0% 20.8% 0.0% 0.0% CI of Tualatin 6 5.0% 5.00/1. 0.0% 6.3% 100.0% 0.0% 5.0% 6.3% 6.3% { lI.S.A " 16 13.30/0 13.3% 10.0% 16.8% 0.0% 0.0% 13.3% 16.8% 16.8% Total Cost of Element 120 100.0% 100.00/0 100.0% 100.0% 1G0.0% 100.0% 100.0% 100.0% 100.0% t 11/07/94 2 - CATCC2.1•. t;~ r • MEMO= r. ~ 1 I r _ _ f : z y.~': t r Willi Unified Sewerage gency - Recycled Wastewater Proj3ct Tualatin Country Club - City of Tigard - City of Tualatin _ 3.1994 Otr 1994 Qtr 1 1995 Qtr 2 1995 Otr 3,1995 Otr 4 1995 Otr 1 1996 Otr 2,1996 O!r 3 1996 Otr 4, 1 ID Task Name Duration Aug Sep I Oct Nov Dec Jan Feb Mar A r M Jun Jul Au Se Oct Nov Dec Jan Feb Mar Apr May I Jun Jul Au Sa Oct tt 1 CONTRACTS 235d Now 2 Contracts Negotiations 45w 3 Design Contracts Meeting Od 7116 4 ENGINEERING CONTRACT 50d 5 RFP for Engineer Services 2w 6 Review proposals 2w a 7 USA Board Approval 4w a Hire consulting Engineer 2w t 9 DESIGN 155d 10 Surveying 60d 11 Project Predesign 2w 12 Predesign Meeting Od r 12/17 13 Submit permits 16w 14 go% design review 3w 15 Final Design Review 1w ' 16 CONSTRUCTION 145d 17 Advertise Bids 3w I 10 Award Contract - - 45d 19 Construction 14.2w \ 20 Startup 2w 21 Contract Completion Date Od 9115 soy' Project: USA, - Recycle i Wastewater Task Milestone Rolled Up Task Rolled Up Progress Date: Thu 622/95 Progress EFM Summary Rolled Up Milestone Q E:\WINPROJIPSDHTCC.MPP Thu 6/22/95 Page 1 t r Y+' Ia 0 AGENDA ITEM # For Agenda of 'YIl S CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Agreement with the Unified Sewerage Agency to provide recycled wastewater for irrigation at ok Fark PREPARED BY: A k DEPT HEAD OK CITY ADMIN OK ISSUE BEFORE THE COUNCIL Should the City enter into an agreement with the Unified Sewerage Agency that they will provide recycled wastewater for irrigation use at Cook Park? STAFF RECOMMENDATION Authorize the City Administrator to enter into an agreement with the Unified Sewerage Agency for provision of recycled wastewater for irrigation purposes in Cook Park. INFORMATION SUDDIARY his agreement assures that recycled wastewater from USA's Durham Treatment lant will be provided to the City for irrigation of Cook Park. The irrigation water will be provided by USA between May 1 and October 30 of each year. The cost of the water will be the actual cost of producing and delivering the water as determined in January of each year. Current cost is $ .06 per ccf. The duration of this agreement is 50 years beginning May 1, 1997. The agreement stipulates that the City must comply with all applicable laws, cannot transfer the water to others, cannot allow the water to flow into drainageways that lead to other property, and cannot allow the water to accumulate excessively in ponds thereby resulting in vector control problems. USA is also given access to the property to conduct periodic soil and water tests. OTHER ALTERNATIVES CONSIDERED FISCAL NOTES The current cost of potable water used for irrigation at Cook Park is $1.23 per 100 cubic feet as compared to current recycled wastewater cost of $ .06 er 100 cubic feet. . s , -r UNIFIED SEWERAGE AGENCY OF WASHING,rON COUNTY AGREEMENT FOR PROVISION OF RECYCLED WASTEWATER This Agreement is between the Unified Sewerage Agency of Washington County, Oregon, a county service district formed pursuant to ORS Chapter 451, 155 North First Avenue, Suite 270, Hillsboro, Oregon 97124 (hereinafter referred to as "Agency," and City of Tigard, hereinafter referred to as "User". RECITALS A. Agency owns and operates the Durham Wastewater Treatment Plant, which generates Level IV recycled wastewater (RWW), as defined in OAR Chapter 340, Division 55. Agency desires to sell a portion of said RWW to User pursuant to Agency's water pollution control efforts. B. User owns approximate lyZacres of real property, more particularly described in Exhibit A, attached hereto. User desires to acquire a portion of Agency's RWW for use in irrigating said real property. TERMS AND CONDITIONS Agency agrees to provide RWW and User agrees to pay Agency for the use of said RWW, according to the following terms and conditions: 1. Term The term of this Agreement is for a period of 50 years commencing May 1, 1997 and ending April 1, 2047, unless otherwise terminated or extended as allowed herein. 2. Delivery of Recycled Wastewater a. Prior to delivery of RWW under this agreement, the parties shall prepare and approve a Reclaimed Water Use Plan as required by OAR Chapter 340, Division 55. Upon approval by the parties, the Plan shall be incorporated as an attachment to this agreement, and all delivery and use of RWW shall comply with the Plan. USA Recycled Wastewater Program Page 1 ~l 3- 101 mill! x. b. Agency shall deliver, through a water meter provided by Agency, the RWW to User's property for use in User's system on demand at a pressure of 60 psi and a flow of approximately 40 gallons per minute. Agency shall not be obligated to deliver RWW under this Agreement until it has completed, tested, and accepted the pipeline to serve User's property, and User has fulfilled all payment obligations under the pipeline construction agreement. 3. Land to Receive Recycled Wastewater During the term of this agreement, User shall use the RWW to irrigate the portion of User's land identified in the Reclaimed Water Use Plan. 4. Quantity and Quality of Recycled Wastewater Available During the term of this Agreement, Agency has 6,535 units (15 acre-feet) Level IV quality RWW available. A unit shall be one hundred cubic feet (1 CCF). 5. Quantity of Recycled Wastewater to be Used 2® User agrees to not to exceed 6,535 units acre-feet) of use each year of the RWW. One unit equals one hundred cubic feet or 748 gallons. User's use shall occur between May 1 and October 30 of said year. 6. Price of Recycled Wastewater Agency shall charge User based on the actual cost incurred in making the RWW available. During the term of this Agreement, User shall pay Agency $0.06 per unit ($80 per million gallons) for the RWW. Agency shall bill and User shall pay the amount due based upon the metered flow and said price. This charge may be modified based on contractual terms. 7. Modification required for Subsequent Years a Agency and User recognize that the portion of User's land which will be irrigated with the RWW may change from year to year, that different portions of User's land may require different amounts of irrigation, and that the price charged by Agency for -the use of the RWW may change as the cost of providing the RWW changes. Accordingly, by January 1 of each year, Agency and User shall agree upon the portion of User's land that will be irrigated with the RWW, the amounts of the RWW to be used, and the price thereof, for said year. Said Agreement shall be in writing signed by the pat-Lies' authorized representatives, shall constitute a modification of USA Recycled Wastewater Contract Page 2 16, this Agreement, and except where expressly indicated, shall not alter any of the terms or conditions hereof. 8. A~ c4 Rigb of Entry/Ins ectio_n. User hereby grants Agency, Agency's duly authorized employees, agents, representatives and contractors, reasonable access to User's land for purposes of making any necessary installation of ground water quality monitoring equipment and any necessary inspection, including, but not limited to, meter reading and verification of RWW use. In the course of making said inspection, Agency shall interfere as little as possible with User's use and enjoyment of said land. 9. Successful Soil/Water Testing Required Agency shall collect soil and/or water samples from those portions of User's land which are to be irrigated with RWW. Agency shall then test said samples for compliance with applicable regulations. The RWW shall be used to irrigate only those portions of User's land which are in compliance with said regulations. Agency shall perform said tests as often as required by said regulations. A copy of the soil and/or water analysis report shall be given to User when it becomes available. 10. User to Maintain Fertilizer/Pesticide Records User agrees to keep and maintain written records of all fertilizers and pesticides of whatever kind applied to that portion of User's land which is to receive RWW. Said records shall contain the name of the substance applied, the date, method and amount of the application, and the name of the applicator. Said records shall be made available to Agency upon request. 11. Qonditions Suspending Duty to Deliver Recycled Wastewater Agency may suspend delivery of said RWW if delivery is prevented by a cause outside of Agency's control, including, but not limited to, act of God, shortage of wastewater, malfunction or upset of Agency system, actions of a third party, order of a governmental regulatory authority, or if Agency determines that the RWW poses a significant risk of damage to public health or safety, or if Agency determines, in good faith, based upon the advice of counsel, that any aspect of the parties' performance under this agreement may be contrary to law. USA Recycled Wastewater Contract Page 3 12. Restrictions Governing t, gf Recycled Wastewater User understands that the RWW is not potable. Accordingly, User shall F use the RWW for irrigation purposes only, and shall not sell, transfer or convey the RWW to any other User. User shall at all times comply with the use restrictions concerning buffer zones, crop selection, harvesting, and rmethods of application contained in OAR Chapter 340, Division 55 and Special Conditions, included in the Irrigation Plan. User shall not directly release the RWW to any surface waters of the State of Oregon, including - but not limited to the Tualatin River or its tributaries. User shall prevent the RWW from floii0ng into depressions or drainageways that lead away from User's land, and shall not allow the RWW to accumulate excessively in ponds, thereby resulting in vector control problems. User shall riot sell, 7 assign, give or transfer any RWW furnished under this Agreement to any person. 13. Public SafetyMarninas User shall inform all of its employees and agents who may be exposed to `>r the RWW of any hazards associated with such exposure, and shall comply with OAR Chapter 340, Division 55 concerning public access and warnings. 14. Termination If either party breaches any of the terms and conditions of this Agreement, the other party shall send written notice of the breach to the breaching party. The breaching party shall have five (5) days from the date of receipt of the notice in which to take significant corrective action. If corrective action is not taken within five (5) days, or if said action has been taken previously but has not resulted in an elimination of the breach within a reasonable time as determined by the non-breaching party, the non-breaching party may, in addition to any other remedies provided by law, terminate this Agreement. Either party may terminate this Agreement for convenience upon eighteen (18) months advance written notice. 15. Recycled Wastewater Quality ;T Agency shall endeavor to provide Level IV RWW from the Durham Facility, as defined in OAR Chapter 340, Division 55. Agency makes no other representation concerning the quality of the RWW and makes no express ' m or implied warranties. t USA Recycled Wastewater Contract Page 4 r • x A r - I IN 11 1 1 2, 81 i,: 0% 'a, zz u ON! IN I,, e 16. Disci aimerllndemnity/Hold Harmless Agency shall not be liable to User for any loss, including, but not limited to, damages paid to third parties, incurred by User arising out of the use or transportation of the RWW. User shall defend, indemnify, and hold harmless Agency, its officers, employees, agents and representatives from and nnninct all rlaimc demands; nQnalties and causes of action of anv kind or character, including attorney fees and costs at trial and on appeal (except those caused by the Agency's sole negligence), arising in favor of any person on account of personal injury, death, breach of contract or damage to property arising out of User's use of the RWW. 17. Water Richts No water right is created by this Agreement. The User shall not sell, assign, give, or transfer any RWW furnished under this Agreement to any person. User shall cooperate with Agency and execute any documents z required to be filed with the Oregon Water Resources Department of registration of the use of RWW. (Reclaimed Water.) 18. Compliance with Oregon Administrative Rules User represents that User has read and understands Chapter 340, Division 55 of the Oregon Administrative Rules. User shall be directly responsible and liable to the Oregon Department of Environmental Quality for failure to meet those rules due to the conduct of its employees and agents. Agency shall be directly responsible and liable to the Oregon Department of Environmental Quality for meeting all other requirements of those rules and Agency's NPDES permit. User shall report any and all violations of this Agreement or those rules to Agency immediately upon discovery. 19. Miscellaneous Provisions a. This Agreement shall be construed and interpreted in accordance with the laws of the State of Oregon. b. This document contains the entire agreement of the parties. Any waiver or modification of the terms of this Agreement must be in writing. C. If any legal authority having the proper jurisdiction deems any portion of this Agreement not to be enforceable, invalid or illegal, all portions USA Recycled Wastewater Contract Page 5 A s J~o ,r .saw of this Agreement not so identified shall remain in full force and effect. d. The captions of this Agreement shall have no effect on the interpretation of this Agreement. e. This Agreement shall be binding on the heirs,` successors, lessees, sublessees, and assigns of the parties. User shall not sell, assign or transfer User's' interest in this Agreement, or assign, sell, or transfer the RWW identified hereunder without Agency's approval. . f. The prevailing party in any lawsuit arising out of this Agreement shall be entitled to attorney fees, costs and disbursements. g. This Agreement and any subsequent amendments shall not be effective until approved by General Manager of the Unified Sewerage Agency and the City manager for the City of Tigard: Those individuals may delegate any authority they have under this agreement according to their ordinances and procedures. fF~ USA Recycled Wastewater Contract Page 6 J.o~r i I IN WITNESS THEREOF, the parties have caused this Agreement to be executed by their authorized officers. DATED this day of , 19 City of Tigaru UNiF-iED SEWERAGE AGENCY OF WASHINGTON COUNTY By: By: City Manager General Manager Date: Date: APPROVED AS TO FORM: By: USA General Counsel Date: MO: nAplanning\tomv\citgrww 6/22195:kf USA Recycled Wastewater Contract Page 7 l ty y AGENDA ITEM # For Agenda of July 11, 1995 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Granting of all easefitenl to ODOT PREPARED BY: R. 6vooley DEPT HEAD OK Vol CITY ADMIN OK kole--- ISSUE BEFORE THE COUNCIL Shall the City grant an easement to the Oregon Department of Transportation (ODOT) for a traffic sign to encroach onto the City Hall property? STAFF RECOMMENDATION Approval of the attached resolution authorizing dedication of the easement. INFORMATION SUMMARY ODOT is preparing to construct bike and pedestrian improvements along Hall Boulevard between Pacific Highway and McDonald Street. Along the City Hall 46rontage, the pavement widening and sidewalk has already been constructed and o additional widening is needed. However, while surveying for the project, ODOT determined that the existing speed limit sign encroaches onto City property. ODOT ~.s asking the City to grant an easement for the sign. ODOT is offering to pay the City $175 as the value of the easement. The attached resolution will authorize the mayor and city recorder to sign the necessary easement document. OTHER ALTERNATIVES CONSIDERED FISCAL NOTES The City will receive revenue of $175 for the easement. QW/odot-s a i wig CITY OF TIGARD, OREGON r RESOLUTION NO. 95- A RESOLUTION AUTHORIZING THE MAYOR AND CITY RECORDER TO SIGN AN EASEMENT TO THE STATE OF OREGON FOR A TRAFFIC SIGN ALONG HALL BOULEVARD. WHEREAS, the State of Oregon has requested the City to grant an easement for installation and maintenance of a traffic sign on City property adjacent to Hall Boulevard; andf WHEREAS, the State of Oregon has offered to compensate the City at the fair mark-et value of the easement; and, WHERE-AS, the City Council finds that the granting of the easement is in the best interest of the public. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1: The Mayor and City Recorder are hereby authorized and directed to sign, on behalf of the City, an easement document substantially in the form of attached Exhibit A. PASSED: This day of , 1995. Mayor - City of Tigard ATTEST: City Recorder - City of Tigard .x' as i r r rW/odot-r 1 RESOLUTION NO. 95 Page 1 EXHIBIT A ODOT File 6237-018 1OB-1-10 PERMANENT EASEMENT. CITY OF TIGARD, Oregon, a municipal corporation. Grantor, for the true and actual consideration of 5175.00-------- does grant to the STATE OF OREGON, by and through its DEPARTMENT OF TRANSPORTATION, Grantee, its successors and assigns, a permanent easement for the construction, installation and maintenance of a highway sign, and appurtenances therefore, upon the following described property: A parcel of land lying in the William Graham D.L.C. No. 39, Township 2 South, Range 1 West, W.M., Washington County, Oregon and being a portion of that property described in that deed to the City of Tigard, recorded as Microfilm Document No. 84-41404 of Washington County Book of Records; the said parcel being that portion of said property lying between lines at right angles to the center line of the relocated Beaverton-Tualatin Highway at Engineer's Stations 134+42 and 134+48 and included in a strip of land 45 feet in width, lying on the Westerly side of said center line which center line is described as follows: Beginning at Engineer's center line Station 128+69.11, said station being 2884.17 feet North and 369.37 feet West of the, Southeast corner of Section 2. Township 2 South, Range 1 West, W.M.; thence on a 190.99 foot ' radius curve left (the long chord of which bears South 170 54' 18.5" East 133.77 feet) 136.66 feet; thence South 38° 24' 17" East 62.89 feet; thence on a 190.99 foot radius curve right (the long chord of which bears South 18° 20' 33" East 131.03 feet) 133.75 feet; thence South 1° 43' 11" West 1179.87 feet to Engineer's center line Station 143+82.28. Bearings are based on County Survey No. 24,915, recorded February 11, 1993. The parcel of land to which this description applies contains 35 square feet, more or less. This easement does not convey any right or interest in the above-described property, except for the purpose stated herein; nor prevent Grantor from the use of said property; provided, however, that such use does not interfere with the rights herein granted. 6-13-95 RETURN TO Account No.: R1333097 2S12DA-00401 OREGON DEPARTMENT OF TRANSPORTATION RIG14T OF WAY SECTION Property Address: 13125 SW Hall Blvd 417 TRANSPORTATION BLDG. Tigard OR 97223 SALEM, OREGON 97310 } ODOT File 6237-018 1OB-1-10 g: Grantor covenants to and with Grantee, its successors and assigns that it is the owner of said property, and will warrant the easement rights herein granted from all ' lawful claims whatsoever. Grantor agrees, the consideration recited herein is just compensation for the property, including any and all damage, to Grantor's remainin; property, if any, which may result from the, acquisition or use of said property and the construction or improvement of the highway. It is understood and agreed that the delivery of this deed is hereby tendered and that terms and obligations hereof shall not become binding upon the State of Oregon Department of Transportation, unless and until accepted and approved by the recording of this document. Dated this day of 19 y CITY OF TIGARD APPROVED AS TO FORM: B ayF9 yor By Auditor STATE OF OREGON. County of Washington 19 Personally appeared and who, being sworn, stated that they are the Mayor and Auditor of the City of Tigard, Oregon, a municipal corporation. and that this instrument was voluntarily signed in behalf of said municipal corporation by authority of its Ordinance No. passed by the Council of said City on this day of 19 Notary Public for Oregon My Commission expires 6-13-QC; 2 - EA a lassam s i avru a~ ,aa up row hu~~ p®yNT• 32175.62 pL5 7 32171.38 gK F-a kA t.v► (5-19-g2) N, 49.476.46 906 (CS ~2Z155t in MOO-130 A 1-t-3 1.01 -flGAf?O POINT" 7pOL r 0 1 I 1 35 80d Q . w jye(low plastic Cap 1 " I C~OE L PL5 737 ` Marked e 19-921 - = _ Perm Ease.' 37 M, 49.2y,17.98 i 39 5i9 E. 2122.155 barked a„ Iran Rod (CS ~i F-- Plastic W Ca CAeE1 L PL5 737 Post Marked: Rod e" lra~ harked cap Z 2„ Witness F d- pl w/ Rom„ w/Yellov, PL` 737" arked: fe„ (.R. ,CASWELL „ I~litite$s Post M (3- 87) ac3 yV/ . 2 td, 49.373.3 Rr. „ " l.R. ww E.21 128.0551 t3-20-871 (CS 8, 409337 216145.7 2 CS #22,1551 trop Rod barked (pstic /'y Plastic w PLS Cap „ barked. ,CASW~ X ,Witness Post ~r w/ 2 Rom„ "quo I.R. E, 21.E 2p-87) i . (3094? .14 E.2y.1521551 (CS X22. AGENDA ITEM For Agenda of July 11. 1995 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Consideration gf Proposed IncxeasS to the Hatzger Park Local improvement District - PREPARED BY: C. Wheatley DEPT HEAD OE CITY ADMIN OE ISSUE BEFORE THE COUNCIL The City of Tigard received a request from :9ashington County to approve the proposed increase in the Metzger Park Local Improvement District (LID) Assessment. STAFF RECOMMENDATION Conduct public hearing to receive comment from the public and Washington County representatives to determine whether or not the Council wants to support the proposed increase and approve the attached resolution. INFORMATION SUMMARY ttached is a letter from Par. Larry Eisenberg, Facilities Manager for ashington County, outlining the request for Council approval of the increase of the assessment for the Metzger Park Local Improvement District. Mr. Eisenberg advised that when LID formation is under consideration, it is usually provided that, if a certain percentage (i.e., 51%) remonstrate against the LID then formation will not occur. This is not the case when an increase to the assessment is considered. The Washington County Commissioners conduct a public hearing; however, remonstrances are not tallied. Two issues are presented for Council consideration at this time: • An increase in the tax rate by approximately 3 cents per thousand M dollars of value the first year. • Approval of the increase will be for the 1995-96 fiscal year and beyond. Also-attached are: • A resolution for Council consideration. • The notice mailed on June 29 to approximately 1,000 Tigard property owners within the LID boundary. The County will also conduct a public hearing on July 25, 1995. They mailed notices (copy attached) to every property owner within the LID area. 40 r i 0 N~- n' FR AI,TERMIVFS CGNSID'SRBD 1. Approve the increase for a limited amount of time. (Council approved the LID assessment for a one-year period when last considered.) ffm 2. Recommend to the Washington County Board of Commissioners that the County not increase the assessment. FISCAL NOTES Impact to Tigard residents is estimated to be a $3 increase to the owner of a $100,000 home. If approved, the increase will raise the Metzger Park Local Improvement District Levy from its current amount of $40,500 to $60,500. h:\login\eofhy\wtz.seen 1 y WASHINGTON COUNTY, ~ OREGON M 5 rU2 7 1995 11~L_. JLJ June 23, 1995 7N f7k, MAI The Honorable Tigard City Council c/o Mr. Bill Monahan, City Administrator City of Tigard r 13125 S.W. Hall Blvd. Tigard, OR 97223 Dear Members of the Tigard City Council: As I believe you are aware, the 1995-96 operating budget for the Metzger Park Local Improvement District (LID), that has been approved by the Washington County Budget Committee, is based on an assumption that the assessment amount for the district needs to be increased to provide necessary revenues for the on-going operation of Metzger Park. To implement this requested change in the LID assessment, the Washington County Board of Commissioners has initiated the necessary steps, including a notification of all property owners in the LID, and a call for a public hearing to be held on July 25, 1995 at 6:30 PM. It is our understanding that the Tigard City Council must also approve the proposed increase in the LID assessment, if it is to occur. As a result, I am requesting that your Council consider an increase in the Metzger Park LID levy from its current amount of $40,500 to $60,500. This increase will cause the tax rate to increase by approximately 3 cents per thousand dollars of value the first year. This equates to a $3.00 increase to the owner of a $100,000 home. BACKGROUND In 1976, a local improvement district for the operation and maintenance of Metzger Park was established by Washington County. In May of 1988, the maximum annual assessment for the Metzger Park LID was increased from $27,000 to $40,500. The fiscal year 1995-96 proposed revenue budget is $77,964, with 77% of the revenue ($60,500) received from the LID assessment and 23% from hall rental. In 1987, the City of Tigard annexed properties within the Metzger Park LID. Since the City of Tigard annexed the properties prior to the 1988 assessment, it was County Counsel's opinion that the City of Tigard must approve the increased assessment for properties within the City of Tigard. The Tigard City Council approved the assessment for the current tax year on August 24, 1993. The Tigard City Council is now being asked to approve the proposed increase in the LID Assessment for the 1995 - 1996 fiscal year and beyond at your meeting of July 11, 1995. Support Services Department, Facilities Management Division 155 North First Avenue, Suite 320 Hillsboro, Oregon 97124 Phone: 503/648-8829 une 23, 1995 Page 2 Assessments for the Metzger Park LID are proposed for adoption for Fiscal Year 1995-96 as summarized below: No. of Lots Total Assessment 2,183 $60,500.00 After a careful review of revenue and expenditure trends associated with the operation of Metzger Park, it has become apparent that the continued modest inflationary growth in expenditures and the relatively flat revenue trend line that Metzger Park has been experiencing indicate that Metzger Park is not financially viable in the near term unless changes are made to the revenue stream of the park. The financial picture for Metzger Park is further complicated by the need to make ` significant capital outlays in the current fiscal year. These included the need to replace basketball poles and hoops ruined by vandalism, and the need to replace the park shelter roof, which had reached the end of its useable life. Further, upon removing the roof, structural damage was discovered to the park shelter. The cost to repair the structural damage is estimated to cost from $8,500 to $12,500. This structural damage from water and dry rot compromises the structural integrity of the shelter. Our consulting engineers have stated that we have no choice but to replace the affected structural members if we are going to continue to operate the building. The Metzger Park organizational unit does not have adequate funds to pay for the structural repair. The Park will receive a general fund loan to allow this repair to occur. The proposed increase in the assessment will help pay back the loan. Given inflationary trends, the low organizational unit operating contingency amount (projected at $2,700 for the 95-96 fiscal year), and the general fund loan, the only prudent course of action at this time is to seek an increase in the LID assessment. An increase in the assessment to $ .1143 per thousand will generate $19,750 in new revenues annually. The current assessment rate is $ .0837 per thousand. Current valuation in the LID is $483,615,531. The assessment cost increase to a $100,000 home will be $3.00 per year. The tax rate impact from this proposed increase for a six-year period, assuming a 9% increase in valuation as projected by the Department of Assessment and Taxation, is as follows: Calendar Tax Rate/1000 Valuation Collection 95 .0837 483,615,531 40,500 96 .1143 527,140,929 60,250 97 .1049 574,583,361 60,250 98 .0962 626,296,137 60,250 99 .0883 682,662,790 60,250 00 .0810 744,102,440 60,250 01 .0743 811,071,660 60,250 t 11101 0 une 23, 1995 Page 3 The $20,000 dollar LID assessment increase, if approved in FY 95-96, will be used in several ways to place Metzger Park on a sound financial footing for the next several years. We have identified, in priority order, the following fiscal needs for Metzger Park: 1) Repay the County's general fund emergency loan - Metzger Park will need a County general fund loan of $8,500 to $12,500 to repair structural damage to the park shelter. The actual amount of loan needed will be known ::hen bids are taken for the repair work. If Metzger Park's year-end fiscal condition does not require a loan of this magnitude, available funding from the proposed LID assessment increase would be used to make necessary ADA modifications at the Park. 2) Cover Inflationary Cost Increases - Metzger Park has been experiencing ongoing inflationary cost increases in personnel service and materials and supplies. 3) Restore the contingency level to a more prudent level - The Park needs a contingency level of $30,000 annually to provide funds to meet Park cash flow requirements through the first third of the fiscal year until LID revenues are received. 4) Equipment Replacement - Park equipment, including lawn mower, floor buffer, swings, tennis court net, interior and exterior furniture, etc., needs periodic replacement. The Park budget does not have an adequate reserve that is able 'to absorb the cost of the replacement of this more expensive equipment. 5) Building Component Replacement - The Park does not have a reserve to cover the cost of replacing building systems as they fail. The need to obtain a general fund loan to cover the cost of roof structural damage is a good example of this situation. Plumbing fixtures, HVAC, and electrical systems all need periodic repair and replacement. As a separate fund, the Park needs to be able to cover the cost of the failure of significant building components. A 20 year straight line depreciation method is used to capture the value of the existing structure, as a proxy for expected costs of ongoing building system replacement. The attached, table projects how an increase in the LID assessment of $19,750 would be used over the next six years against these five categories of fiscal need. A projection period of six years was chosen since the history of the LID shows, as noted on the attached table, that the last few increases in the LID assessment have occurred on average every six years. The table reflects the annual use of the additional LID revenue. The numbers are not presented in an cumulative format. f;rsuse of the increased assessment is to repay the general fund loan, make necessary ADA modifications at the Park, cover inflationary costs, and begin the rebuilding of the operating contingency. In 1997-98, the table indicates that the desired operating contingency 'level of $30,000, approximately 1/3 of the operating budget, is achieved. As a result, available funds are redirected in the 98-99 fiscal year into the creation of the building component replacement reserve. Other on-going inflationary cost increases are covered as well. 2,611 11110!~ IBS Oune 23, 1995 Page 4 Because no other viable mechanism currently exists to provide for Metzger Park maintenance, your approval of the proposed increase in the LID assessment is requested at this time. County staff and members of the Metzger Park Advisory Board will be in attendance at your meeting of July 11 and will be able to respond to any questions that you may have. Thank you for your consideration. Sincerely, l ~ 1_510 4~_ Larry Eisenberg Facilities Manager Department of Support Services cc: Charles Cameron Ellen Cooper Bob Deis Chris Wayland Jeanette Carter Members, Metzger Park Advisory Board g:\u\c\a\metzlid4.wp5 Y, r.ri Emil 3J METZGER PARR LID ASSESSMENT INCREASE SIX YEAR ALLOCATION -a Y 95-96 9697 97-98 98-99 99-2000 2000-01 T 1. Elmergency Loan $2,507 $0 $0 $0 $0 $0 Repat ent 2. Inflationary Cost 4,500 5,000 5,500 6,000 6,500 7,000 Increases 3, operating Contingency 6,743 8,750 13,250 1,000 1,000 1,000 (Recommend 33% of Budget 4. ;FDA Compliance & 6,000 6,000 1,000 5,000 5,000 5,000 Equipment Replacement 5. Building Replacement* 0 0 0 7,750 7,250 6,750 TOTAL: $19,750 $19,750 19,750 $19,750 $19,750 $19,750 * In 20 years, Building Replacement will be approximately $225,000. --Current LID Assessment $40,500 --Proposed Increase 20,000 --New Total Assessment $60,500 NOTE:. 1976 Assessment $18,000 1981 Assessment $27,000 1988 Assessment $40,500 Proposed 1996 Assessment $60,500 Historically, Metzger Park LID Assessment increases by 50% on average every 6 years. 1996 is eighth year at current level. metzl:id\UCF MINIMUM j p i CITY OF TIGARD, OREGON RESOLUTION NO. 95-_ A RESOLUTION OF THE CITY OF TIGARD APPROVING AN INCREASE IN THE LOCAL IMPROVEMENT DISTRICT ASSESSMENT FOR THE OPERATION AND MAINTENANCE OF ML°TZGEPIR PiUm WHEREAS, in 1976, a local improvement district for the operation and IMA4,enar.ca A~ `ao+"ger Pr L(i~Sl1 rk was established by 'Washington County; and 6.Gldcli iares vi 'aw - ; Whereaa,'the City of Tigard annexed approximately 54% of the parcels in the Ketzger rarX LID in 1987; and WHEREAS, by Resolution No. 86-53, the City Council acknowledged the Metzger, community°s option to continue the LID in the event of annexation to the City of Tigard; and WHEREAS, the maximum annual operations and maintenance assessment for Metzger Park was increased to $40,500 in May, 1988 after annexation of a portion of the district to the City of Tigard; and WHEREAS, the LID assessment is annually charged against the non-school taxing districts tax limit of $10.00 per $1,000 of assessed valuation; and WHEREAS, Washington County compiles a Tax Coordination Plan annually, which in part forecasts the future tax rate for all non-school taxing districts; and WHEREAS, the current revenue received by Metzger Park are inadequate to sustain continued operation an maintenance at an appropriate level. r: NOW, THEREFORE, BE IT RESOVIED by the Tigard City Council that: Section 1: The ongoing maximum annual operations and maintenance assessment for Metzger Park in an amount not to exceed $60,500 is hereby approved. Section 2: In the event the Tax Coordination Plan forecasts the tax rate within the City of Tigard nearing the limit, imposed by Article XI, Section llb of the Oregon Constitution, by " reaching $9.00 per $1,000 of assessed valuation, the City of Tigard will confer with Washington County to determine a means by which the City of Tigard's ability to levy taxes within the property tax limitation is not impeded ''a,Y te LID assessment for aactzger rar k. RESOLUTION NO. 95- Page 1 L ~F 101 till MIME= PASSED: This ~ day of r 1995. Mayor ° City of Tigard ATTEST: City Recorder - City of Tigard h:\'Iogin\cathY\metz. res a\bfyyLVA iVY7 1~Ve 7d- Page 2 3~_ 1 s a "My TIGARD OREGON NOTICE OF PUBLIC HEARING METZGER PARK LOCAL. IMPROVEMENT DISTRICT ASSESSMEff INCREASE Nodes is Y ° an that 1he 31Council will conduct a public heaflng a proposed asewnnnnt oincrease for the Me"er Park Local Improvement DLstlftlL The hearing will be held: July 11, 1995 - 7:30 p.m. _ Tigard CRy Hall - Tom, n Hall 13125 S. W. Hall Boulevard T ° Wrd, Oregon (For further information, pleas see the back of this page.) f• ' I 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 MD (503) 684--2772 11 SUNNI Im ig 15 IN; Ili! 0-1 Ilig MORRIS ENREMMMMA-210 EMS= M The City of Tigard received a request from Washington County to approve the proposed increase in the LID assessment The County will also conduct a public hearing for all Metzger Park Local Improvement District property owners on July 26 at 6:30 p.m. The Council has been asked to consider: 0 An increase in the tax rate by approximately 3 cents per thousand dollars of value the first year. This equates to a $3.00 Increase to the owner of a $100,000 home. (if approved, this increase will raise the Metzger Park Local Improvement District Levy from its current amount of ,500 to $6®,60®.) 0 Approval of the increase would be for the 1996-1696 fiscal year and beyond. The purpose of the increase will be to: i Repay a general fund loan from the County to pay for structural damage to the park shelter. e Replace basketball poles and hoops; replace park equipment including a lawn mower, floor buffer, swings, tennis court net, interior and exterior furniture. ® Establish a separate fund for Building Component Replacement (plumbing fixtures, HVAC, and electrical systems ® periodic replacement). e Increase operational budget to close the gap between the modest inflationary growth expenditures and relatively fiat revenue trend experienced at Metzger Parts. County staff and members of the Metzger Park Advisory Huard will be at the July 11 meeting and will respond to questions. If you have questions of City Staff, please contact Cathy Wheatley, City Recorder at 639-4171, Ext. 309. r 1, 1 111 11111'', ON, T, l pit j!i W1%1_ 'k WASHINGTON F~n COUNTY,' v a OREGON i~ JUN 2 9 1S~;, , NOTICE OF PUBLIC HEARING ul ` .-ii, U'- METZGER PARK LOCAL IMPROVEMENT DISTRICT INCREASE IN MAXIMUM ANNUAL ASSESSMENT The Board of County Commissioners will hold a public hearing on July 25, 1995, at 6:30 p.m. in the Shirley Huffman Auditorium, Public Services Building, 155 N. First Avenue, Hillsboro, Oregon. The Metzger Park LID Advisory Board and the Department of Support. Services have recommended increasing the current maximum annual assessment against all properties in the district from $40,500 to $60,500 per year. The Board may levy assessments on an annual basis within the maximum without a further public hearing. The Board will consider written and oral testimony regarding the proposed increase received before the close of the hearing. The Board may adopt an order establishing a new maximum annual assessment and levying an assessment. The current assessment for 1994/95 is $.0837 per $1,000 assessed valuation ($8.37 on a $100,000 property). The proposed assessment for 1995/1996 is $.1143 per $1000.00 assessed valuation ($11.43 on a $100,000 property). This ould amount to an increase of approximately $3.00 per year on a property alued at $100,000. You may estimate the charge on your property by multiplying $.1143 x the market value shown on your tax statement. Note that the actual amount will change as the value of your property for tax purposes changes. You also may call the number listed below for an estimate of the amount of the charge on your property. The proposed assessment, or the assessment as modified by the Board, will be certified to the tax roll for collection with your property taxes. The authority for a maximum annual assessment shall be revoked if the board receives a written request to revoke signed by more than one-half of the owners representing more than one-half by area of the property within the local improvement district. The signatures cannot be more than 60 days old. The maximum annual assessment was last increased in 1988. Assessments are used to provide revenues for the operation and maintenance of Metzger Park only. Metzger Park is a seven (7) acre neighborhood, day use facility funded with local improvement district revenues and income generated from the rental building onsite. If you have any questions or want further information on this topic before the above hearing, please contact the Department of Support Services, Facilities Management Divisicn, at 155 N. First Avenue, Suite 320, Hillsboro, Oregon 97124 or telephone (503) 693-4891. G ard of County Commissioners for Washington County o _ IRVALER6EM19951951MN0.M 00.19.95.tw Department of Support Services m Facilitios Management Division 111 S.E. Washington Street, MS# 42 • Hillsboro, OR 97123 • (503) 648-8715, fax (503) 693-4851 ,Jr :r c ,~k•v r9 'a4 i y r h CITY OF TIGARD, OREGON RESOLUTION NO. 86 - 7 k ARESOI,UTION OF. THE CITY OF TIGARD, OREGON, DECLARING THE CITY'S SUPPORT FOR THE ME"ZGER/WASHINGTON SQUARE ANNEXATION TO TIGARD. ' Whe oys.rthe Metz$ea/Washin$gton Square Community Planning organization (CPO) r.; t has'been studying its options in maintaining and improving municipal services; 4hereas-,-the CPO asked the City to conduct a Municipal Services Study for the area and outline the City services available upon annexation; Wiier_eas, the Tigard Municipal Services Study for tiie Metzger/kashington Square '.CPd bps, been completed and presented at a CPO meeting; and,* a~• _ tWhereas, citizens in the community and through the CPO have asked the City to -formally declare its position towards a Metzger/Washington Square annexation proposal; 'NOW9 THEREFORE, BE IT RESOLVED by the Tigard City Council that: r Sectionl Election. The City reaffirms its preference fora Metzger/ Washington. Square community vote on a comprehensive proposal for the Metzger/ fr., ,Glashington Square area; and encourages timely hearings and an election by ,•~ovembes, 1986 if possible; Section B.:- CPO Plan Recognition. The City agrees to the County CPO Land Use Plan_rand:recognition of the CPO as a new City Neighborhood Planning Organiza- r ;tion :(FIPO) immediately upon annexation; x -'Section 3 City Services. The City agrees to extend the same levels of City setv1ces auto the Metzger/Washington Square area as provided inside current ,Oatylmats, providing but not limited to: Police, Library, Parks (unless 4{>T f- 24etzg'es~;opts to ^ontinue the Park LID), Streets, Sewers, Storm Drainage, ~ ff 7 '~~Street .Laghtang, Building; Pl•~tnnlno, °:,gineeriag anu aai oinex t:enerel Govern- kn t a, v.t"! r a~ c af84 ~1 Zktden;7_ TV1Cctl• 2 e1~ t i~ng~YW r sii in v , g x S r ~ '6 ,r qh.. ,~~'~a~>~50L1JTIO1d,hN0. $6 - arz ~ ,a. bra., ;,4r.t r. 4 f y~9T~ f r • r . ~r 8 Y\S 1 ,hr soma, ,t - to all the net dedicaa3 above net Furth agrees to g uare al the xv~exf1 han$ton q The ityt of city ovep►enta s ecx CIp` 'Less cos etxg tial lmpr revenue into th ecial Cap dea1nage 5ecioa 4" sewer , atomo t -'~'ues: total fo anne Xatian back on bik~pinto a Sp • , °-teven , ccnoing anneXati aths street ey,enue) following ewalks, s uare ; . for, yes,sa for sid tan 4 I a (Cgis) fund Metzger/~iashiresidents • j and project; ublic iinprovement$ the r." other:p. upon annexatio~vailable to Tig r Rep~egentation. ortuni.tes } xighta and opp . Section the have all ers • a 'r y Own F ` 53tlCS p'6~~E'°Y °2 od Mays 1986 ' 'th?$ 5th day PASSED of 'Sa-gard r - C3.ty t ~ &TTEST r . 3 } k s city of 2sgard Rec ep os er r uty Csty ~t t ~ ht r 4 r a+ r . } hl~ t ~L r F a. V. y r 1 fti .3^ Y ~ w -.L. O^ _ ~(r r -711114Y er Park LSD six Year Metz? euditare Iistory Revenue and Epp 8o,aoa ~S,c4o ~Re,,renue ~Expery3itures 70,040 1 65,000 60,000 i 55,000 50,000 95,000 94.45 95-9b 90-91 91-92 9293 93-94 40,000 - 84-90 88-89 d - Wet, oiiiiiiiii~.- f S- _ -2 l METZGER PARR LID ASSESSMENT INCREASE SIX YEAR ALLOCATION 95-96 96-97 97-98 98-99 99-2000 2000-01 1. Emergency Loan $2,507 $0 $0 $0 $0 $0 Repayment 2. Inflationary Cost 4,500 5,000 5,500 6,000 6,500 7,000 Increases 3. Operating Contingency 6,743 8,750 13,250 1,000 1,000 1,000 z (Recommend 33% of Budget) N 4. ADA Compliance & 6,000 6,000 1,000 5,000 5,000 5,000 Equipment ipment Replacement 5. Building Replacement* 0 0 0 7L750 7f250 6,750 TOTALS $19,7501 $19,750 19,750 $19,750 $19,750 $19,750 * In 20 years, Building Replacement will be approximately $225,000. f~. --Current LID Assessment $40,500 --Proposed In 20,000 --New Total Assessment $60,500 NOTE: 1976 Assessment $18,000 1981 Assessment $27,000 1988 Assessment $40,500 Proposed 1996 Assessment $60,500 Historically, Metzger Park LID Assessment increases by 50% on average every 6 years. 1996 is eighth year at current level. metzlid\UCI R ill offmEMUSEM N Metzger Park LID... Public Hearing - July 11, 1995 Telephone Calls Received 1. 7/10/95 Mr. Guy Hoagland, 9625 S.W. 69th Avenue, Tigard, Oregon, telephoned (245-7079) with the following comment on the Metzger Park LID assessment increase: • Is against any increase without a vote of the people. • Process appears to be like giving the County a "blank check." He would rather give the County $5 on a one-time basis. He feels he no longer has control over the amount being assessed. • Asked that a user fee be considered, or be creative- rather than doing the "easier thing," which is to raise taxes. He said his neighbors don°t even know where the park is. Suggested volunteers hold fund raisers or establish have cash-donation collection points in the community. • Suggested developers and property owners partitioning property pay for increased demands on the park. • lie works in the janitorial industry and noticed that a floor buffer was contained on the list of items that need replacement. He said that, unless the building has hardwood floors, there would be no need for a floor buffer. Special waxes for floors (other than hardwood) are cheaper and better. He said if the buffer or other equipment is needed, then he has no argument with the list. h:\Login\cathylmetzph.tel F M. CAmr, 5 -71)) N Ward Rader, Chairman CPO 4-M 7617 SW Cedarcrest Portland, Ore. 97223 Mayor Jim Nicoli July 7, 1995 Tigard City Council City of Tigard 13125 SW Hall Blvd. Tigard, Oregon 97223 Re: Metzger Park Local Improvement District Assessment Increase Dear Mayor Nicoli & City Council: Citizen Participation Organization 4-M at the June 28, 1995 monthly meeting in the Metzger Community adopted the following resolution in support of the Metzger Park LID Assessment proposal now before you for consideration: Be it resolved that: Citizen Participation organization 4-M on June 28, 1995 at:.our monthly community meeting unanimously endorses the adoption of the Metzger Park LID Advisory Board and the Dept. of Support Services recommendation in . : increasing the maximum annual assessment. CPO 4~-M commends the Park Board, the community and the Washington County Board of Commissioners for their dedication to preservation of open space and the quality of care of Metzger Park. The increase of assessment for the Park would be approximately $3.00 on a $100,000 property. CPO 4-M members present who live in Metzger and those who live in Tigard in the Metzger LID urge the City of Tigard Council to approve the LID at their July 11th public meeting. CPO 4-M recommends adoption of the LID assess- ment at`the-July 25, 1995 Public Hearing by the Board•.of,County Commissioners. Thank you for your kind consideration. Respectfully, e, Wa er r a;s .{s t =1111 11 115 1 t+' AGENDA ITEM # For Agenda of July 11, 1995 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Comprehensive Plan Amendment and Zone Change CPA 95-0002/ZON 95-0003 PREPARED BY: Rosy Valone DEPT HEAD OK *ITY ADMIN OK ISSUE BEFORE THE COUNCIL Should the City Council approve a comprehensive plan map amendment and zone change on 0.39 acres from Commercial Professional/C-P to General Commercial/C-G? STAFF RECOMMENDATION Staff recommends that the City Council deny Comprehensive Plan Amendment/Zone Change CPA 95-0002/ZON 95-0003 because the proposal is not consistent with all of the relevant riteria noted in the final order. INFORMATION SUMMARY The proposed plan amendment and zone change concerns one parcel of land located along the west side of North Dakota Street just south of SW Scholls Ferry Road. The applicant, Pacific Crest Partners Scholls, has requested this action in order to expand the range of permissible uses to those allowed under C-G zoning. The Planning Commission recommended denial of CPA 95-0002/ZON 95-0003 at its hearing of June 19, 1995. The proposed resolution, final order and vicinity map for this proposal are attached. The applicant's submittals consist of<a written narrative and traffic impact analysis. OTHER ALTERNATIVES CONSIDERED Approve the comprehensive plan amendment and zone change. FISCAL NOTES No direct fiscal impact to the city. ig 1!1, r CITY OF TIGARD, OREGON RESOLUTION NO. 95- A RESOLUTION BY THE TIGARD CITY COUNCIL ADOPTING FINDINGS AND CONCLUSIONS TO DENY AN APPLICATION FOR A COMPREHENSIVE PLAN AMENDMENT (CPA 95-0 2) AND ZONE CHANGE (ZON 950003) REQUESTED BY PACIFIC CREST PARTNERS SCHOLLS. WHEREAS, the applicant requested a comprehensive plan map amendment from z Professional Office (c-P) to General Commercial (C-G) and zone change from C -P to C-G on 039 acres located on the west side of North Dakota Street just south of SW Scholls Ferry Road; WHEREAS, the Tigard Planning Commission considered the above application at its public hearing on June 19, 1995, and recommended denial; and WHEREAS, the Tigard City Council considered the above application at its public hearing on July 11, 1995. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1: The proposal is not consistent with all of the relevant criteria noted in the attached final order (Exhibit A). Section 2: The City Council upholds the Planning Commission's recommendation for denial of the comprehensive plan map amendment and zone map change as set forth in Exhibits A and B. Section 3: The City Council, therefore, orders that application request CPA 95- 0002/ZON 95-0003 be DENIED, and further orders that the City Recorder send a copy of the final order as a Notice of Final Decision to the parties in this case. PASSED: This day of '1995. Mayor - City of Tigard R; ATTEST: City Recorder - City of Tigard RESOLUTION NO. 95-MEW Page 1 l 1 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 REQUESTED By PACIFIC CREST PARTNERS SCROLL S. - The Tigard City Council reviewed the application below at a public hearing on July 11, 1995. The city council denies the request based on the facts, findings and conclusions noted below. A. FACTS 1. General Information CASE: Comprehensive Plan Amendment CPA 95-0002 Zone Change ZON 95-0003 REQUEST: Amend the Comprehensive Plan map from C-P (Commercial Professional) to C-G (General Commercial) and change the zoning from C-P to C-G. APPLICANT: Pacific Crest Partners Scholls 911 Oak Street Hood River, OR 97031 OWNERS: Some REPRESENTATIVE: Richard Allan Ball, Janik & Novack 101 SW Main, Suite 1100 Portland, OR 97204 LOCATION: Southwest corner of SW Scholls Ferry Road and SW North Dakota Street (Parcel 3 of Minor Land Partition 94-0013) 2. Vicini The 0.39-acre site is located along the west side of North Dakota Street just south of SW Scholls Ferry Road (see map Exhibit B). The proposal affects Parcel 3 of a recently-approved minor land partition (MLP 94-0013) on tax 1 . 4 a - lot 1S1 35AD, lot 2400 (see Exhibit C). The properties immediately abutting the site on the north and west care Parcels 1 and 2 of MLP 94-0013. The applicant is in the process of developing the site for construction of a bank on Parcel 1 and 10,550 square feet of office/retail space on Parcels 2 and 3. Properties to the north across SW Scholls Ferry Road are in the City of Beaverton and zoned for residential use with the exception of the northeast comer of SW Scholls Ferry and SW Dakota Street, which is zoned for office commercial. Properties to the west of the site beyond Parcel 2 are zoned R-7 (PD) and contain the Summerlake subdivision. Properties to the east across SW North Dakota Street are zoned for commercial development and contain St. Vincent's medical office, McDonalds and Jiffy Lube. South of the site are properties zoned R-7(PD). The Kindercare day care center, located immediately to the south, is a conditional use in this zone. 3. Background Information BMW In February of 1990, the British Petroleum Oil Company (BP) proposed amending the comprehensive plan map on parcel 1S1 35AD, lot 2400 from Commercial Professional to General Commercial and changing the zoning from C-P to C-G. Staff recommended denial of the proposal due to concerns related to traffic congestion, traffic safety and the absence of a finding of a change of circumstances or evidence of a mistake in the original plan. The Planning Commission recommended that the City Council change the property to C-N on the northern part and leave the C-P on the southern part. The Council rejected the applicant's proposal and the Commission's recommendl.ition, and directed staff to prepare a resolution denying the application. The applicant withdrew the application before the resolution was sent to Council. In August of 1990, BP proposed amending the northern 70% of the same property from Professional Commercial (C-P) to Neighborhood Commercial (C-N). Staff recommended denial of the proposal due to insufficient evidence to support the claim that a change in circumstances had occurred in the neighborhood or a mistake was made in the original designation of the site, and because several of the locational criteria were not satisfied. BP withdrew its application before it was heard by the Planning Commission. The current applicant, Pacific Crest Partners Scholls, was approved for a minor land partition (MLP 94-0013) and site development review (SDR 94- 0014) in August of 1994. The original 1.24-acre parcel was divided into three parcels. Parcel 3 of that partition is the subject of the current application. _ 2 The Planning Commission held a hearing on CPA 95-0002/ZON 95-0003 on June 19, 1995, and voted 3-2 with one abstention to recommend denial of the proposal. The commissioners requested that staff convey the following concerns to the council: the commissioners are .uncomfortable about opening up the proposed parcel to all types of uses under the C-G zone; the provision in the code that allows retail uses, including restaurants, outright in the C-P zone should be looked at and reevaluated to only allow these as conditional uses; and the siting criteria for the C-N (Neighborhood Commercial) zone, which restricts commercial development to one quadrant of a street intersection or one side of a street, should be reevaluated. 4. Site Information and Proposal Description Site development has commenced on Parcels 1, 2 and 3 pursuant to the approved site development application in August of 1994 (SDR 94-0014). Approval of SDR 94-0014 allows for construction of a bank and 10,850 square feet of office/retail space. Prior to construction, former tax lot 2400 contained a veterinary office, three homes and an apartment building. The applicant requests a comprehensive plan map amendment from C-P (Commercial Professional) to C-G (General Commercial) and a zone change from C-P to C-G on Parcel 3 of MLP 94-0013. The reason for the requested change is to expand the range of permissible uses to those allowed under C-G zoning. The applicant wishes to lease Parcel 3 to Hollywood Video. Under C-P zoning, this type of use is limited to 20 percent of the entire square footage within the development complex. Under this restriction, only 3,100 of the 8,400 square feet of a building currently approved and under construction on Parcel 3 could be used for such a use. Therefore, a change from C-P to C-G will affect the permitted uses for the remaining 5,300 square feet. A written narrative, titled Statement in Support of Application for Quasi- Judicial Comprehensive Plan Map Amendment and Zone Change, and a trip generation comparison were submitted as part of the initial application. A subsequent traffic analysis was performed by the applicant at the request of staff and Washington County. They are included as part of this staff report. 5. Agency Comments The Tigard Water Department and Tualatin Valley Fire and Rescue District have reviewed the proposal and have no objections. The Engineering Division comments, contained in a memo dated May 25, concern the 3 E' . 101 ~k „k .traffic impacts during off-peak times. In part, the merno states: Although North Dakota Street is designated as a minor collector, it functions in this area more like a major collector, carrying traffic between 121st Avenue and SW Scholis 'T=erry Road. While not a capacity problem, the volume of traffic has been a concern for several years in the residential neighborhoods to the south of the site. The concerns are related to safety, noise and general quality of life issues as a result of the increased traffic in the residential neighborhood. Traffic islands have helped to reduce speeds but have provided little reduction in traffic volumes. The proposed zone change is not likely to increase the overall traffic volume on North Dakota Street. However, it does have the potential to increase the volume in the evening and weekend periods the periods of greatest concern to the residential neighborhoods. The applicant states that the zone change would allow the property to be used as a video store. The peak traffic time for video stores tends to be on evenings and weekends. We are concerned that the proposed zone change will exacerbate existing traffic problems in the residential areas to the south of the site. Therefore, we recommend that the zone change be denied. Washington County reviewed the proposal and initially stated that the traffic information submitted by the applicant is not adequate to fully determine whether the impacts of the proposal are acceptable or unacceptable. Based on the available information, the County recommended the following: Defer any decision until the applicant provides a traffic analysis that addresses impacts of the proposal as contemplated by the Transportation Planning Rule (OAR 660-12-060); or limit the use of the site to not exceed the PM peak trip threshold of the existing `worst case' (158 trips) through conditions of the plan amendment; or deny the request. An additional analysis was conducted by the applicant for the Scholls Ferry Road/North Dakota Street intersection. Washington County reviewed this analysis and has no objections to the proposed amendment. No other comments were received at the time of this report. 6. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Comprehensive Plan policies 1.1.2(2), 2.1.1, 6.1.1, 5.4, 8.1.1, and 12.2.1 (2); Community Development Code chapters 18.22, 18.32 and 18.62; and Oregon Administrative Rules, Chapter 660, Division 12. i . Policy 1.1.2, Implementation Strategy 2, requires that in order to approve quasi-judicial changes to the comprehensive plan map, the city council must find: a change is consistent with applicable plan policies; and a change of physical circumstances has occurred since the original y 4 Pow designation, or a mistake was made in the original land use designation. The applicant's statement in support of this proposal asserts that circumstances have changed in the neighborhood or community since the entire site (previous WCTM 1S1 36AD, lot 2-00) was annexed to the city and zoned C-P in 1979. The applicant contends that a substantial amount of new office space has been developed since 1979. In particular, the properties zoned I-P (Industrial Park) along SW Nimbus Avenue to the east have been developed principally as an office park and not as industrial space. This hundreds of thousands of square feet of flex-space development does not appear to have been envisioned, given the I-P zoning of this area. This situation has caused, in turn, an excess of potential office space in the area. Evidence of this surplus, the statement claims, is the vacant second floor of the medical office building across SW North Dakota Street from the site. In addition, the applicant has not been able to find any tenants to lease the office-type space in the Parcel 3 building. This assertion, however, does not meet the requirement that a change in physical circumstances occurred or that a mistake was made concerning the affected property. It is an argument based upon the current market for commercial office space. The comprehensive plan does not contain policies or criteria for designating land uses based upon such market forces. Therefore, this criterion is not met. Even if marketability of offices ace could be construed as a criterion, the applicant's argument that an excess of office space has developed that was not envisioned by the comprehensive plan and affects his property is not supported by the evidence. The I-P zoning district in the Nimbus Avenue area, which has been in place since adoption of the comprehensive plan, allows for light manufacturing, office and complementary related commercial uses. The increase in office space 'development' has been due to build out of a zoning district that {T contemplated these uses. In fact, the plan and zone designations in this area seem to have done a good job in anticipating the future mix of commercial uses. Currently, it appears that the market for office tenants is strong. Staff surveys conducted in May along the SW Scholls Ferry Road corridor from Nimbus Avenue to SW North Dakota Street have yielded the following findings. ® Scholls Business Center, SW Scholls Ferry/SW Nimbus (Tigard I-P zone): . According to the lease office, the market for office tenants is very strong with high lease rates; in fact, this type of tenant is being targeted by the office to fill the remaining vacancies; out of 313,379 square, feet of leasable area, 18,803 are vacant (b% vacancy). 5 MEMBER 13 MUM lid f. 6 Nimbus Center, SW Scholls Ferry/SW Nimbus (Tigard C-G zone): out of 26,281 square feet of leasable area, 4338 are vacant 0 7% vacancy). Greenway Town Center, SIVVSchoiis Ferry Road/3W 122n d (Tigard 'C - %G-1 zone): out of approximately 123,000 square feet of leasable area, approximately 5,000 are vacant (4% vacancy). ® Parkside Plaza, SW Scholls Ferry Road near Conestoga (Beaverton CS zone, Community Service): out of 26,581 square feet of leasable area, 5,335 are vacant (20% vacancy), ® Pacific Place Center, SW Scholls Ferry/Nimbus in Beaverton (Beaverton Cl zone, Campus Industrial): out of 29,510 square feet of leasable area, approximately 2,360 are vacant (8% vacancy). ® Nimbus Corporation Center, SW Scholls Ferry/Nimbus in (Beaverton Cl zone): out of 692,961 square feet of leasable area, 27,718. are vacant (4% vacancy). As these data show, the vacancy rate for commercial office space and general retail space along SW Scholls Ferry Road west of Highway 217 is comparable. The overall vacancy rate for commercial uses in the corridor is 5% with a comparable split between land use zones that are primarily intended for retail (8%) and those for office/industrial (5%). There is no evidence of an oversupply of leasable office space. In fact, the vacancy rate at commercial centers zoned primarily for retail is 3% higher than the rate for centers zoned primarily for office uses. In addition, three lease/properly managers representing commercial interests along SW Scholls Ferry Road stated that office space is currently a very desirable commodity. As for the vacancies in the St. Vincent's Medical Clinic building across SW North Dakota Street from the site, the entire space is being held for additional physicians' offices. The lease manager stated that the vacant office space being held could have been leased several times over given the number of inquiries received by her. 2. 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. The policy is satisfied because the surrounding property owners were given notice of public hearings related to the proposal and given the opportunity to comment on the proposal. The notice for the planning commission and city council hearings were sent to surrounding property owners within 250 feet of'the affected property, posted at Tigard City Hall and advertised in b 6 a a local newspaper. In addition, the applicant provided notice of and conducted a meeting on March 24, 1995, for interested property owners within a 250-foot radius of the affected property. 3. Policy 5.4 states that the city shall ensure ti scat new col m n i erciai and industrial development shall not encroach into residential areas that have not been designated for commercial or industrial uses. The parcel proposed for redesignation to commercial use is currently zoned C-P, a commercial designation. This policy is satisfied, therefore, because there will be no encroachment of new commercial development into residential areas. 4. Policy 8. 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. The traffic analysis performed for the site development review, subsequently approved in August of 1994, concluded that the development project could be accommodated by the existing road system. The analysis estimated there would be 87 PM peak hour trips (38 enter, 49 exit) generated by Parcel 3 uses. The applicant addressed potential traffic impacts from the current proposal using another trip generation analysis. Trip generation rates were compared for several different mix of use scenarios for the 8,400 square foot building under construction. Given the existing site plan and parking limitations, staff from the city and Washington County arrived at a 'worst case' scenario based on store tenants, vvhich includes the applicai is preferred video store. The applicant conducted a trip generation comparison between this scenario and a proposed scenario under the current C-P which indicated that the current zoning would generate more trips. It is noted, however, that both of these scenarios generate significantly more PM peak hour trips than the analysis performed by the applicant indicated for Parcel 3 during the site development review in August of 1994 (286 for C-P and 248 for C-G vs. the „ 87 indicated in 1994). An intersection analysis was conducted by the applicant based on the two reasonable 'worst case' uses under the C-P and C-G zoning. The analysis found that the SW Scholls Ferry/North Dakota intersection will experience ,F demand in excess of its capacity within the next few years. This situation will be attributable to additional development over a large area of Tigard and Beaverton, not one specific project, as Scholls Ferry is a major arterial roadway. Level of service F will occur by the year 2005 under both zoning scenarios (see Exhibit D). Washington County reviewed the analysis and finds that the proposed amendment will not have a significant effect on the planned County transportation system. 7 t_.. 1~ Flo s. Policy 12.2.1(2) provides the locational criteria for designating land as general commercial on the plan map. The locational criteria can be construed in a flexible manner in the interest of accommodating proposals which are found to be in the public interest and capable of integration into 11 ie Co1i11 1ur`1ity. The burden of proving conformance with 11 le crlterla varlet with the degree of change and impact on the community. The applicable locational criteria with findings are as follows: a. The commercial area is not surrounded by residential districts on _ more than two sides. The properties immediately to the north and west of the site are Parcels 1 and 2 of MLP 94-0013, which are zoned C-P. Beyond these single parcels are residential neighborhoods. Across SW Scholls Ferry Road to the north is a Beaverton subdivision; and to the west is the Summerlake subdivision in Tigard, zoned R- 7(PD). The same residential subdivision lies to the south, however, the parcel adjoining the site is currently occupied by Kindercare day care center. Across SW North Dakota Street to the east is a commercial area with C-N and C-G zoning districts. This criterion is met because a residential district is immediately adjacent on only one side of the proposed site. b. The proposed area or expansion of an existing area shall not create traffic conaestion or a traffic safety problem. Such a determination shall be based on 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. The applicant's traffic analysis concludes that the SW Scholls Ferry/North Dakota intersection will experience demand in excess of its capacity within the next few years. - The report states that this situation will be attributable to additional development over a large area of Tigard and Beaverton, not one specific project, as Scholls Ferry is a major arterial roadway. Washington County reviewed this analysis and concluded that the proposal will not make the planned transportation system any worse than it would be without the plan amendment/zone change. The Engineering Division is concerned that the proposal will have adverse effects on the residential neighborhood to the south. The division states that the increased volume of traffic will exacerbate existing traffic problems in the neighborhood. The particular concerns are related to safety, noise and the general quality of life. The use of the site as a video store especially, the division believes, will add traffic during evenings and weekends, historically the times of greatest concern to area residents. For this reason, the division 8 IlIq I' F recommends denial of the proposed amendment and zone change. C. The site shall have direct access from a major collector or arterial street. Access to the site is via SW North Dakota Street, a minor collector. This was determined by the city's approval of the site development plan (SDR 94-0014) in August of 1994 because direct access to SW Scholls Ferry Road, an arterial street, was prohibited by Washington County. Because direct access to SW Scholls Ferry Road is not allowed for this property's development, strict adherence to this _ criterion is not warranted in this case. d. Public transportation shall be available to the site or general area. Td-met offers bus service along SW Scholls Ferry Road with stops just west of Old Scholls Ferry Road and just east of Conestoga Drive. Because transit service is available to the site area, this criterion is met. e. The site shall be of a size which can accommodate present and projected uses. A site development plan has already been approved by the city (SDR 94-0014) and construction is currently underway. The site will be able to accommodate approximately 8,400 square feet of office and/or retail uses. Easements exist to allow parking for these uses on Parcels 1 and 2. The applicant pre ors to lease the entire space for a video store and states that any other future uses would be limited to those that can be accommodated within the building envelope. f. The site shall have high visibility. The site is located in the development complex that is oriented towards SW Scholls Ferry Road, giving it high visibility for general commercial use. g. The scale of the project shall be compatible with the surrounding uses. The approved development on this site consists of a single-story structure of approximately 8,400 square feet. The proposal does not involve any change to this scale of the project. The relatively small scale of the project is compatible with the surrounding uses of commercial and medium density residential. h. The site configuration and characteristics shall be such that the privacy of adiacent non-commercial uses can be maintained. The approved development plan orients the building toward SW Scholls Ferry Road on the north. To the east across North Dakota Street is commercially-zoned which includes a medical office center. To the south is the Kindercare day care center, a conditional use in an R-7 _ - 9 z is (PD) zone. There will be no windows or public access facing south towards this residentially-zoned area. To the east is the new veterinary clinic building and a 20-foot buffer between the building and the residential neighborhood. With the foregoing configurations and characteristics, this criterion is met. L It shall be possible to incorporate the unique site features into the site design and development plan. • The development plan has already been approved for the site and construction is currently underway. The site contained no unique features prior to site development. j. The associated lights noise and activities shall not interfere with adjoining non-residential uses. The adjoining uses to the north and west of the site are part of the same development complex and therefore will be integrated with whatever use is chosen for the affected property. The development as approved will not create noise and lighting impacts to the medical office building across SW North Dakota Street or the Kindercare center to the south. The building orientation will be to the north facing away from the day care center. b. Section 18.32 of the Community Development Code sets forth the procedural requirements for review of quasi-judicial plan amendments. The application has been processed in accordance with code sections 18.32.020, 18.32.050 and 18.32.060; hearings have been conducted by the planning commission and city council according to 18.32.090(D); and the requirements for notification of the hearings have been met according to 18.32.130 and 18.32.140. 7. Section 18.22 of the Community Development Code sets forth standards and procedures for quasi-judicial amendments to the plan and zoning district 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 applicable plan policies related to the proposal are, reviewed above under section B (Findings and Conclusions). 2. The statewide planning goals adopted under Oregon Revised Statutes Chapter 197, until acknowledgement of the comprehensive k 10 plan and ordinances. The Tigard Comprehensive Plan has been acknowledged, therefore specific review of each statewide planning goal is not applicable. Notice of filing this proposed amendment has been provided to the Department of Land Conservation and Development for comment at least 45 days prior to the final decision date. 3. The applicable standards of any provision of this code or other applicable implementing ordinance, Code section 18.62 (General Commercial District) contains the standards for the C-G zone. The approved development under the C-P zone meets the standards under the section for the C-G zone: The average lot width exceeds 50 feet; all setback requirements are met by the approved site plan; maximum building coverage (85%) and minimum landscaping requirements (15%) are met by the site plan; and other requirements such as landscaping and screening and off-street parking and loading are identical for both zones. If this proposal is approved and the applicant wishes to alter the site development plan, the current planning division would need to review and approve the changes. 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. See above under R.1. 9. Conclusion In conclusion, staff finds that all applicable approval criteria to support a comprehensive plan amendment and zone change have not been met. The statement submitted by the applicant regarding comprehensive plan policy 1.1.2 (Implementation Strategy 2), requiring that the city find that a change of physical circumstances has occurred or a mistake was made in the original designation, is not a valid argument. It does not address a physical change of circumstances, but is rather based on the market demand for commercial retail and office land uses. Staff cannot, therefore, make findings to support the proposed amendment and zone change. C. DECISION The city councils denies the requested comprehensive plan amendment CPA 95-0002 and zone change ZON 95-0003 based upon the foregoing findings and conclusions. 11 „t B OQ` -NESTOGA CL o Q ~ ~ EACHERORIz l.ly ~ HAYSTACK OR tn DALE ALLOW w COMBINE? ST 0 tut as x Sj BAS V~ CLE'~~A~D N rn < S p,~p AN aum C TTONTAIL LW LPO z _ z U ! CL 8pp nG ~ e ~ ~ ~ 71 laaaal faaa- S °RR dap LL 0 HAWKS BEA O) ST m a G sy o I y 1 WA _ -J J n. J I C14 I ~ AP I I VICINITY EXHIBIT MAP MECHANGE EFROM CC-P,TON C"G PLAN PROPOSED ZONE CHANGE CHANGE FROM G? TO C•G TIGARD CITY EMITS gnaw= NC TH Seale 1':4013' i FEET 3 ' ®nmc Q00 800 ' 0 l41=0ATT4=V%JUL=V %AATCMADWG 4"./90 ,F r ~.F:ra a' SITE PLAN EXHIBIT C COMPREHENSIVE IENSIVE PI-AM AND ZONE CHANGE -ro- FROM C-P TO C-G w ~ G 9 .f t ty o~i~l~: •J ilic' ~h' 11506 6 7® i 1 r- t..~,o .~Sf'~tY SLICE ~ . ~c ~ 4' ~ + X7.6: WAD FEAR .t .62 43 Y ,Y l / t i `ivoa' SL~r "ASc',WVr!1 S44w1 "I NN ! LL ..4A Irle 1 C~1d? lilir 0 i t b 4 cry : . - - - { i .'VG S N .4' - d _ i!J (J!9 9x' ne So , ►I ell! EXHIBIT D MACKENZIE ENGINEERING INCORPORATED CIVIL • STRUCTURAL • SURVEYING • TRANSPCRTATICN 0690 SW BANCACF° 3T:;EcT • ?C BOX 69039 is PCRT4aN0. CREGCN 3'201 •C039 • .5031 ?a•35o0 • =Ax .5031 229-:T95 June 5, 1995 Washington County Land Use and Transportation Attention: Scott King 155 North First Avenue, Suite 350 Hillsboro, Oregon 97214 Re: Pacific Crest Zone Change Scholls Ferry/North Dakota Traffic Conditions Project Number 294149 Dear l'Ar. King: Mackenzie Engineering Incorporated has reviewed traffic conditions anticipated at the intersection of Scholls Ferry Road and North Dakota Street with development of the Pacific Crest site at the southwest comer of the intersection. The scenarios reviewed include existing traffic conditions before development of the site and 1995 and 2005 conditions with and without the proposed zone change on Parcel 3 from C-P to C-G. Our previous trip generation comparison indicated that under worst case scenarios, the existing zoning would actually generate more trips than the proposed zoning. Traffic volumes for 1995 were estimated from summer 1994 counts with in-process traffic added for US Bank and Jiffy Lube and traffic generated from the Pacific Crest site. This includes she planed veterinarian office and bank and the "worst case" scenarios for Parcel 3. With existing C-P zoning, Parcel 3 could support a 2,800 s.f convenience market and a 5,300 s.£ Motor Vehicles Department office. Under - the proposed C-G zone, the DNfV office would be replaced by a video store. Washington County staff provided E11NfNfE/2 model runs for 2010 projected traffic volumes and 1985 volumes. The 2010 volume projections for Scholls Ferry are below the PNI peak hour traffic counts conducted by NfEI staff during the summer of 1994. To estimate the 2005 traffic volumes, the growth rate anticipated between 1985 and 2010 was applied to the 1994 traffic counts. This growth rate was found to be approximately 5% per year. The recent growth rate along Scholls Ferry Road has been 7%. The 5% rate was used for long term growth since the 7% rate is reflective of high levels of development in recent years and increased traffic due to the improvements completed on Scholls Ferry Road. Intersection capacity calculations were prepared utilizing NCAP software which simulates the 1985 I Highway Capacity ;v-fa*1ual. The calculation accounts for the existing PIVI signal timing on Scholls Ferry Road. The table below presents the intersection level of service as well as volume to capacity ratio (V/C) and average delay for the existing and proposed zones in 119015 and 2005. The signal progression sy =tern currently operating on Scholls Ferry provides a low average delay for through traffic. Traffic volumes projected for 2005 result in intersection demand significantly over capacity. These results, although shown, are not reliable. Several variables may affect future operation of the intersection including a constant growth rate of 50,'o, how planned roadway improvements will affect Scholls Ferry traffic, and F.%W PDATA'95-36,94149105L 1. SIC Rum mi Scott King Project Number 294149 June 5, 1995 Page 2 what improvements if any may be constructed on Scholls Ferry Road such as a third lane or intersection improvements. Some of the planned improvements which may reduce Scholls Ferry traffic include the 'Murray Boulevard Extension-M-11 nut improvements and SW 125th Extension to Hall Boulevard. - L Entersec'.ion Capacity and Level of Service Scholls Ferry Road at North Dakota Street Scenario V/C Delay LOS* 1995 C-P Zone 0.993 32.2 D 1995 C-G Zone 0.987 30.5 D 2005 C-P Zone 1.63 >60 F 1005 C-G Zone 1.62 >60 F * Level of Service is based upon average delay. The intersection of Scholls Ferry Road at North Dakota Street will experience demand in excess of its capacity within the nest few years. The traffic increases will be attributable to development over a large area of Tigard and Beaverton, not one- sne ific prniecr_ as Scholls Ferry is a maior arterial roadway. The costs of any improvements which may be constructed on Scholls Ferry Road should be shared with all new development in the area. If you have any additional questions please call me at 224-9560. Sincerely, Brent Ahrend #10505 '9 Traffic Analyst /`BTA.sk O •Yt3, - Enclosures G. L c: Ray Valone, Michael Anderson - City ofTigard Dan Boyden - Pacific Crest Richard Allen - Ball Janik & Novack r"e.W?DA:.a95-069s I~v~GSLl.S~: Statement in Support of'Application for Quasi-judicial Comprehensive Plan Map Ainendrnent and Zone Change Applicant/Owner: Pacific Crest Partners Scholls, L.L.C. Representative: Richard H. Allan Ball, Janik & Novack 101 S.W. Main, Suite 1100 Portland, OR 97204 228-2525 Request: Comprehensive Plan Map amendment from Commercial Professional to General Commercial and Zone Change from C-P to C-G for 16,818 square foot parcel (Parcel 3 of MLP 94-0013). Location: S.W. North Dakota Street, at southwest quadrant of intersection with S.W. Scholls Ferry Road 1. Introduction This application is for a quasi-judicial comprehensive plan map amendment from Commercial Professional to General Commercial and zoning map amendment from C-P (Professional Commercial) to C- G (General Commercial). The subject property is located at the southwest corner of the intersection of S.W. Scholls Ferry Road and S.W. North Dakota Street. The property was the subject of Site Development Review SDR 94-0014, which approved construction of a 3,593 square foot bank and 10,850 square feet of retail office space; and Minor Land Partition MLP 94-0013, which approved division of the parcel of approximately 57,500 square feet into three parcels. The three parcels will share a common access on S.W. North Dakota Street; there will be no access on S.W. Scholls Ferry Road. The property does not share its street access with any surrounding property. The approved site development plan includes a landscaped parking area, with approximately 60 parking spaces. Parking is shared by all three parcels through cross-easements. Development of the site in accordance with the approved site development plan is currently under way. The surrounding properties are developed with a mix of commercial and residential buildings. The purpose of the requested comprehensive plan map amendment and zone change is to expand the range of permissible uses an one of the three parcels. Pursuant to TCDC section 18.64.030(A)(2)(m), the C-P zone limits the following uses, separately or in combination, to a maximum of 20 percent of the entire square footage within the development complex: (1) convenience sales and personal services; (2) eating and drinking establishments; and (3) general retail sales. The applicant proposes rezoning Parcel 3 of MLP 94-0013 (16,818 square feet) from C-P to C-G. Parcels 1 and 2 would remain zoned C-P, and K would remain subject to a deed restriction that prohibits using - those two parcels for any use listed in TCDC section 18.64.030(A)(2)(m). Under the current zoning, about 3100 square ' feet of the building located on Parcel 3 could be used for any use listed in TCDC section 18.64.030(A)(2)(m). Therefore, a change from C-P to C-G for the Parcel 3 development will only affect the permitted uses for the remaining 5,000 square feet of developed space on that parcel. The applicant has no plans to expand or otherwise alter the approved development on the property. The applicant intends to lease the Parcel 3 space to a family-oriented video store, Hollywood Video. The applicant would be willing to rezone Parcel 3 to C-N (Neighborhood Commercial) rather than C-G (General Commercial); the C-N zone is more restrictive than the C-G zone but would still allow the applicant's proposed use. However, the locational criteria for Neighborhood Commercial zoning, as set forth under Plan Policy 12.2.1, limit such development to "one quadrant of a street intersection or where there is no street intersection, to one side of the street." The lot at the southeast corner of the intersection of S.W. Scholls Ferry Road and S.W. North Dakota is already zoned C-N, as a result of the City Council's action in CPA 10-86/ZC 18-86. That property has been developed with a 2-story medical clinic, which would have been allowed under the prior C-P zoning of that property. Nonetheless, the existence of the C-N zoning at the southeast corner of the intersection appears to bar C-N zoning as possibility for Parcel 3. II. Approval Standards _ Section 18.22.040 of the Tigard Community Development Code sets the standards for quasi-judicial map amendments. The standards which must be addressed are: A. The applicable comprehensive plan policies and map designation and; the change will not adversely affect the health, safety and welfare of the community. (1) Applicable comprehensive plan policies and map designation Plan Policy 1.1.2, Implementation Measure 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 their is evidence of a change in the neiahbcnhood or community which affects the subject parcels. Alternatively, the City must find that a mistake was made in the original designation. { 2 0048925.01 .1 r7. Response: The property was zoned C-P in 1979, as a result of a zone change from Washington County R 5-1. At the'same time, a Conditional Use was approved to allow a veterinary clinic on the property (CU 7-79/SDR 21-79). It appears, therefore, that the current C-P zoning of Parcels 1, 2 and 3 may originally have been - intended to accommodate the veterinary office that will now be located on Lot 2, which will continue to be zoned C-P. An application to rezone the entire site to C-G was filed in 1990 (CPA 93-003/ZC 90-0001); the purpose was to site a British Petroleum gas station on the property. The application was withdrawn when the applicant was denied a driveway on S.W. Scholls Ferry Road by ODOT. The property to the east across S.W. Scholls Ferry Road was rezoned from C-P to a mixture of C-P, C-N and C-G in 1986 (CPA 10-86/ZC 18-86) after the pity council previously denied a request to rezone the entire property from C-P to C-G in 1985 (CPA 3-85/ZC 3-85). The applicant for the 1986 zone change submitted an analysis by Hobsor. & Associates, an economic consulting firm, indicating a substantial oversupply of office space in the area, and a need for additional commercial/retail development. Even if zoning the entire site (Parcels 1, 2 and 3) C-P was correct in 1979, circumstances have changed. Since that time, a substantial amount of new office space has been developed. In particular, the property zoned I-P (Industrial Park) along S.W. Nimbus has been developed not as industrial space but principally as an office park. In other words, this constitutes hundreds of thousands of square feet of flex-space development, with superior freeway access, that does not appear to have been envisioned, given the I-P zoning of the property. The existence of excess office space is evidenced by the fact that the second floor of the St. Vincents Medical Clinic, located on the C-N property across S.W. North Dakota, has been vacant since the building was constructed approximately four years ago. In addition, the applicant has talked with numerous potential office tenants over the last 12 months and has not found any who will lease space in the Parcel 3 building. The applicant proposes retaining the C-P zone on Parcels 1 and 2. These parcels will accommodate a Key Bank branch and a veterinary office (apparently the use that originally led to the C-P zoning). However, given the high visibility of the site, the . proximity to residential development that creates a demand for retail-type uses,, and the development of a large volume of competitive office space since 1979, a rezoning of Parcel 3 for general commercial use is justified. Plan Policy 2.1.1 states that the City shall maintain an ongoing citizen involvement program and shall assure that 0048925.01 r 4 ~\1 OVER 11 I NMI 3: 1 till, 1717 citizens will be provided an opportunity to be involved in all phases of the planning process. a Response: The applicant provided notice and conducted a meeting for interested property owners within a 250-foot radius of the affected property. The meeting was held on March 24, 1995. The CXT representative for this area was also notified of the neighborhood meeting. Notice will be provided of the Planning Commission and City Council Public Hearings for this proposal. 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. Response: This policy is satisfied because the subject property is presently zoned for commercial rather than residential use. 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. Response: This policy is satisfied because the subject property is located at the intersection of S.W. Scholls Perry Road (State Highway 210), which is designated an Arterial Street on the city of Tigard Comprehensive Transportation Plan Map. Plan Policy 12.2.1 provides the description and locational criteria for commercial zones. The Comprehensive Plan contains the following description of the General Commercial zone: "General Commercial areas are intended to provide for major retail goods and services. The uses classified as general commercial may involve drive-in services, large space users, a combination of retail, service, wholesale and repair services or provide services to the traveling public. The uses range from automobile repair and services, supply and equipment stores, vehicle sales, drive-in restaurants to laundry establishments. It is intended that these uses be adjacent to an arterial or major collector street." Response: The proposed use on Parcel 3 is a video store, which is a retail use allowed under the C-G zone. The Comprehensive Plan establishes the following locational criteria for the General Commercial zone: Spacing and location: The commercial area is not surrounded by residential districts on more than two sides. 4 ooss92s.oi av L r-- , xResoonse: The property abutting Parcel 3 on the south is zoned R-7 (Residential, 7 units per acre). However, that property is currently occupied by the Kindercare daycare center, which operates under a. conditional use permit. Properties to the east, across S.W. North Dakota Street, are zoned C-P (Professional 9 Commercial), C-N (Weighborhood Commercial). To the north and z _'7 west are Parcels 1 and 2 of MLP 94-0013, which will remain within the C-P zone. Even considering Parcels 1, 2 and 3 as a whole, the site abuts residential zones on only two. sides. Access: 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 street capacity, existing and projected traffic volumes, the speed limit, number of turning movements and the traffic venerating characteristics of the various types of uses. Response: The proposed change will not alter the approved site development plan, which is currently under development. A traffic study was submitted to the City in conjunction with Site Development Review SDR 94-0014. That study recommended that the northbound left turn lane should be extended south to reduce interference with other northbound traffic, and that on-street parking be prohibited. The City agreed with those conclusions. The applicant is providing a half-street improvement and the restriping of the northbound left turn lane on S.W. North Dakota as a condition of approval of SDR 94-0014. The proposed zone change will expand the range of permitted coy-n-In?rcia1 ,:Say for only ~~about 5,000 square feet of developed space. The driveway into the site has been designed to allow cars exiting the site to turn right (southbound, on S.W. North Dakota Street) while other cars are waiting to turn left to cross or turn onto S.W. Scholls Ferry Road. To the extent that northbound traffic at the intersection queues up past the driveway, additional stacking is provided onsite without interfering with cars exiting the site southbound. Access: The site shall have direct access from a major collector or arterial street. Response: The site is located at the intersection of S.W. Scholls Ferry Road, an arterial, and S.W. North Dakota Street, a minor collector. Access: Public transportation shall be available to the site or general area. Response: Tri-Met bus service is available on S.W. Scholls Ferry Road; a bus stop is located on the sidewalk adjacent to Parcel 1. 5 0049925.01 a~fra t _ Site Characteristics: Ths site shall be of a size which can accommodate present and projected uses. Respons_e; A site development plan has already been approved and the construction is currently underway. The proposed use, a video store, can be accommodated within the approximately 8,000 square feet of developed space on Parcel 3. Easements exist to allow parking on Parcels 1 and 2. Any other future uses would be limited to those that can be accommodated within the space as developed. Thus, the site clearly can accommodate present and projected uses. Site Characteristics: The site shall have high visibility. Response: The site is located at the intersection of S.W. Scholls Ferry Road and S.W. North Dakota Street. The approved site plan orients all development on the site toward S.W. Scholls Ferry Road, giving it ideal visibility for general commercial development. Impact Assessment: The scale of the project shall be compatible with the surrounding uses. Response; This application does not involve any change to the scale of the project, which is already approved for development. In addition, the site size and the zoning constraints (maximum lot coverage, minimum landscaping, and parking), restrict the potential for additional development on the property. The approved development on Parcel 3 consists of a single-story structure of approximately 8,000 square feet. The development is compatible with and integral to the development on Parcels 1 an 2. The relatively small scale of the development also is compatible with nearby residential development. Impact Assessment: The site configuration and characteristics shall be such that the privacy of adjacent non-commercial uses can be maintained. Response: As discussed above, the existing development is oriented toward the intersection of S.W. Scholls Ferry Road and S.W. North Dakota Street. There will be no windows facing the residentially zoned property south of Parcel 3. Moreover, the property south of Parcel 3 although residentially zoned is occupied by a daycare center operating under a conditional use Ft permit. impact Assessment: It shall be possible to incorporate the unique site features into the site design and development plan. 6 0048925.01 Ism-d 1 Hesponse: Applicant is not aware of any unique site features. Moreover, the site is already approved or development. Impact Assessment: The associated lights, noise and activities shall not interferes with adjoining non- residential uses. Response: A Kindercare daycare center is located on residentially zoned property to the south of Parcel 3. The building on Parcel 3 will be oriented away from that use. Aside from ordinary traffic, the proposed use will not generate noise, and lighting will not be of a type or scale that would interfere with adjoining nonresidential uses, all of which are commercial in nature. (2) Affect on health, safety and welfare of the community The subject property is already approved for development. Thus, the proposed map amendment will not alter the physical development of the property. The only effect of the change will be to allow a wider variety of commercial uses within the existing development. There is no reason to believe that the change will have any adverse impact on the health, safety and welfare of the community. Indeed, if the applicant is limited to approximately 3,000 square feet of retail development on the overall site (Parcels 1, 2 and 3), it is likely that the retail space will have to be leased to a fast food franchise, which will pay a high lease -CL -v _ le....ls" iZcn the re»:r::;in~. , n n n crr»ara fQe+. rate, 1n oru v ~u,.+i.w ta - - -r which is likely to be underleased. Based on meetings with neighbors, it appears that the neighbors clearly do not want a fast food franchise because of potential impacts to their neighborhood (including odors, and the potential for such locations to become hangouts for students from nearby schools). The neighbors have expressed a preference for a video store which, because of size. B. The statewide ulannina goals adouted under Oregon Revised Statutes Chapter 197, until acknowledgment of the comprehensive plan and ordinances. The City's comprehensive plan and ordinances have been acknowledged by LCDC; therefore, the statewide planning goals are not approval standards for this application. C. he app1J.C.a1.J1.C s1.411daruo oL any proylsion o1 phis code or other auulicable implementing ordinance. Chapter 18.62 of the Community Development Code establishes the development standards for the C-G zoning district. The R 7 0048925.01 1 b - f pment approved for Parcel 3 conforms with the development elo ,r,, development approved for Parcel 3 conforms with the development 7e,~j ndards for the r-G district. The zone change therefore would not result in nonconforming development: (1) Average minimum lot width exceeds 50 feet. (2) The property abuts a residential district to the south. The approved site development plan provides the 20-foot setback from the residential zone, as required by section 18.62.050(A)(3).does not abut a residential district. (3) Height of the building will not exceed 45 feet. (4) Maximum building coverage is substantially below the limit of and 1-a..ds-v^°u saay r^'nsubstantially exceeua t 1.ilC minimum requirement of 15%. Additional development requirements are imposed elsewhere in the code. However, these requirements (e.g., landscaping and screening; off-street parking and loading) would not differ between the C-P district and the C-G district. Thus, the zone change does not affect whether the development is consistent with these standards. With respect to parking requirements, Parcels 1, 2 and 3 share parking through cross-easements. The approximately 60 parking spaces on the approved site plan provide more than adequate parking for the uses on Parcels 1 and 2, and the 1 space per 400 square feet required for "convenience sales and personal service" or "general retail sales," the two most likely categories for the proposed use. D. Evidence of chancre in the neighborhood or community or mistake or inconsistency in the comprehensive plan or zoning map as it relates to the property which is the subject of the development application. This standard is addressed above under Comprehensive Plan Policy 1.1.2. III. Transportation Planning Rule The Transportation Planning Rule (OAR 660-12--60) requires that 11(a]mendments to functional plans, acknowledged comprehensive 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." The proposed map amendment and zone change affects only 16,818 square feet of land and about 8,000 square feet of developed space, less than 5,000 square feet of which could not be used for the proposed use (video store) under the. current zoning. Based on the approved development plan for the site and the improvements to S.W. North Dakota that were I % k ; 8 0048M.01 ~w required as conditions of approval of the site development r~VP41, t_?i3 map amargc3nlPntand zone Chandra LJQL1d no significantly affect a transportation facility. IV. Conclusion For the reasons stated above, applicant requests that the comprehensive Plan map designation for the property be changed from Commercial Professional to General Commercial, and that the zoning of the property be changed from C-P to C=G. y 'Aar, 9 0039925.01 gib' HIM, i f ~ ;b'r ~ r~ i1 i i.!`. .,Q', '~1lydi. , ell t if r% r Wool rz N ~ k-.0sySKI r -aim -,tea s s a w D 3 1". ° 14144 =o6• >po O-rV i LriuwcE .091 NFj I S3 i t . ~ I l r.-Jo 1 , Irk C ric )ON a a P CAP ~1 J (JAN ~r, ' vow MACKENZIE ENGINEERING INCORPORATED CIVIL • STRUCTURAL* SURVEYING • TRANSPORTATION ry 0690 S.W BANCROFT STREET • PO. 0X 69039 FAMM PQRTI,.AND. OREGON 97201-0039 • (5503) 22424-9 -9560 o FAX (503) 228-1285 MAY 2 6 1995 May 25, 1995 CI-Ty OF. TIGARD Washington County Land Use and Transportation Attention: Scott King 155 North First Avenue, Suite 350 TT-11-1---,- A-....... in ')1A r1U1..W V1 V, va CffiVia 97.2, Re: Pacific Crest Zone Change Traffic Generation Comparison Project Number 294149 Dear Mr. King: In response to City of Tigard comments regarding the allowed uses in Parcel #3 with the proposed zone change to General Commercial (C-G), Mackenzie Engineering Incorporated (NIE1) has reevaluated the maximum trip rates allowed under existing C-P and proposed C-G zoning. The City proposed a worst-case scenario under the proposed zoning be analyzed which would include a 2800 st convenience store and a 5600 s.f video store. Under existing zoning, t-- 1-:..i... n ..e..L t+n»r lr;n manornt;nn fn the 9400 C f building wmilC~ inCI de a 3100 s.f the lligUCaL X M PI-CLM uv... gene. _-r Convenience Market and a Motor Vehicles Department Office. The trip rates were found to be higher under existing C-P zoning than the proposed C-G zoning as shown in the table below. PM Peak Hour Trip Generation Estimates - Parcel 93 PM Peak Hour Zoning Uses Enter Exit Total Existing C-P Convenience Market DMV Office 143 143 286 Proposed C-G Convenience Market 124 124 248 Video Store Higher trip rates would also result from a Day Care Center or a Bank instead of the DIAV office under C.-P zoning. Trip generation was estimated utilizing rates published in the Institute of T ranspol -tation Engineers (ITE) Trip Generation. Fifth Edition and MMI observed rates for a tzdeo store. The ITE rates N< used include Convenience Market (851), DMV Office (731), Day Care (565), and Walk-In Bank (911). Calculations for theses scenarios are attached. ;r F:IWPDATA\95-05\94149\25L1.KC r.. _ x, r~ J 1, S4Vb6 O.Uaa Project Number 294149 May 25, 1995 Page 2 Eased upon the estimated trip generation rates above, the proposed zone change would not impact the PM peak hour trips. If you have any additional questions about the trip generation rates or allowed uses, please call me at 224-9560. Sincerely, 4"L,64-V-QI- Brent Ahrend Traffic Analyst BiVkc Enclosure c: Ray Valone - City of Tigard 1V11V11GLG1 Y111LLG13ViII - t..16~/ Vl JLLyalu Dan Boyden - Pacific Crest Richard Alen - Ball Janik & Novack F:\WPDATA\95-0"4149\25L1.KC fh li Hsi MACKENZfE/SAITO & ASSOCIATES, P.C. ARCHITECTURE Pl-,INNING INTERIOFI DESIGN 0690 S.Yl SANCRCFT STREET + PO BOX 69039 PCRTL,AN0. OREGON 972011 .0039 ~ (503) 224-9570 FAX (503) 228.1285 May 25, 1995 City of Tigard Attentiow Ray Valone 13125 SW Hall Boulevard Tigard, OR 97223-8199 Re: Pacific Crest Possible Alternate Uses, Traffic, Impact & Allowable Parking @ Pacific Crest Project @ SiirScholls Ferry Road & SWNorth Dakota Project Number 294149 - Revised Dear Mr. Valone: In accordance with our recent discussion, you indicated possible traffic concerns regarding possible mined uses. We indicated that required and provided parking may limit this possibility; we offer the following case scenarios to supplement previous information: OPTION CURRENP*ZONE`USIES & RE( RED, PARKING vs PROVIDEFD (R tLciED REQUIRED PROVIDED Bank 3,840 sf @ 1:400 = 11 12 Vet 3,575 sf @ 1:300 = 12 12 Mix Use Building (8,400 sf total area) 39 I Option Al 2,800 sf Food/Beverage (i.e., Mini-Mart type) @ 1:200 = 14 Commercial w/2 employees @ 1:2 emp = 1 5,600 sf Civic Use (i.e., DMV) @ 1:350 =16 OK i Option A2 2,800 sf Food/Beverage (i.e., Mini-Mart type) @ 1:200 = 14 Commercial w/2 employees @ 1:2 emp = 1 5,600 sf Daycare; 5 spaces + (1) per 9 classroom; assume (4) OK Option A3 2,800 sf Food/Beverage (i.e., Mini-Mart type) @ 1:200 =14 Commercial w/2 employees @ 1:2 emp = 1 5,600 sf Wall:-In Bank @ 1:400 =14 OK FAWPDATA193-05194149%25LI M a , _ nl Mr. Ray Valone Pacific Crest Project Number 294149 .x, May 25, 1995 Page 2 OP'TI®I~i:1$ :~01~ AGE @ i 1JSE' LQT ~3 (VIDEO 1~1IrdI ~iltT /Sl'IO]PPING ; RE UMED PROVIDED Bank 3,840 sf @ 1:400 = 11 12 I Vet 3,575 sf Qa 1:300 = 12 12 Mix Use Building (8,400 sf Total area) 39 ® ®pdon B Revised Mini-Mart / Shopping Center (2,800 sf) 1:200+ 14 1:2 emp (if 2 emp) 1 Video (5,600 sf) 1:400+ 14 OK 52 - As indicated above, the revised scenarios have adequate parking. We have confirmed with Will D'Andrea (City of Tigard Planning Department) that the DW is an allowed use within the current zoning, and daycare --A U-1- 1;~#-A Please note that our client does not have potential tenanis (i.e., Shopping Center, DMV, daycare or second bank), but these scenarios have been provided to demonstrate possible cases which you have indicated need review. Our traffic engineer has discussed report requirements with Scott King at Washington County in accordance with your direction. We will provide additional traffic information based on the above scenarios which do comply with City required and provided parking. If you need further information or have any additional concerns, please contact me. Sincerely, r: li Dennis R. Woods v, DRW/ks c: Scott King - Washington County Michael Anderson - City of Tigard, Engineering Department Dan Boyden - Pacific Crest Richard Allen - Ball Janik & Novack FA W M AT A\95-05\94149125 L I M ITE LAND USE VAR RATE ADT AM AM PM PM PM Eater Exit Enter Exit Total OPTION Al 851 Conv. Mkt. 24hrs KSF 2.8 2066 92 92 75 75 150 731 State Mtr Veh Dept KSF 5.6 1165 31 31 68 68 136 - Total 8.4 3231 123 123 143 143 286 OPTION A2 851 Conv. Mkt. 24hrs KSF 2.8 2066 92 92 75 75 150 65 Day Cara KSF 5.6 444 35 30 35 41 76 Total 8.4 2510 127 122 110 116 226 OPTION A3 851 Conv. Mkt. 24hrs KSF 2.8 2066 92 92 75 75 150 911 Walk-In Bank KSF 5.6 787 18 10 43 54 97 Total 8.4 2853 110 102 118 129 247 OPTION B 851 Conv. Mkt. 24hrs KSF 2.8 2066 92 92 75 75 150 Video Store KSF 5.6 49 49 98 Total 8.4 124 124 248 ,1 C. 10 1111Q^~x4 1 F WASHINGTON - t CO , n OREGON `7 ~ 11 f q5" r June 8. 19?3.5 :day Valone CZy cf Ttr l rmlwv3ing Department 13125 Sw KID Blvd. T~.^d OR .97= Re: aS-vaiaazf lii 9"003 - PACIFIC CREST PARTNERS 'fi r you for the opportunity to revises and comment on this; plain amendnl proposal- As I noted in my May 16 letter. the County's Interest In this proposal Is lial to Is Impact on SW Sa 6s Ferry Road. a Cooly major . To review the impact on this facility, the wiry relies an f ndbigs based on OAR 6so-12-im (Plan and Land Use Regulation Amendments) from the Transportation Planning Rule "R)- To address tda TPR requirement. the apples con bloat (MEl) has provided the County with a baf - analysis (dated June 5th) which identifies the 1m;x $ this proposal would have on the plannied County transportation system for year 2005. This analyr..is is based on a reasonable worst arse site development scenario for troth the existing zoning and die proposed) zoning. Specifically. these worst case scenance are. 1) Exising zoning (CP) _ 28M &L convenience market and a 5300 sJ. Motor Vehides Dement offlom and 2) Proposed zoning (CG) - 28O s f. convenience market and a 5300 s.E video sig. I note that these square f =ge a only add up to 8100 s.£ and not the S400 &L of space wztss s~ ass v-d- to dgm Whethw or not thm Irvzogrulty Is skndv a tvp ale ! error or is tho size. I do not bell the discrepancy Is significant because the dMerence In the extra 3CID s.L should be propordol higher for each scenario resting In an equivakul relatlvo Impact Wile these worst c3se scenarios have been disctiissed at length between city and county snit I must rely on the Cilty's Interpretadw of their code as It relates to reasonable worst development Awning the a worst rase development scenarios are an accurate reflection of allowed land g uses for the site, the County finis that the proposed plan amendment will not have a significant effect on the planned County transportation system. Year 2005 defickwx*m In this am are due to effects of traft growth based on the cunert lard use system. The analysis shows thl dUs proposal will not make the planned system any worse than it would be with no plan amendment Therefr?re, the county has no objeZdons to this plan amendment request If you ayep-any questions regarding these comments, please cail me at 681.3g61. fc-nig Senior Planner c: Martz Brown Brent Ahrend Ceoartment of Land Use and Transportation. Planning Division Phone: -503 / 640-35 55 :Norm First Avenue ^iillsboro. Cregon 97124 FAX* 503 1693-4' ~ q M 1 ~n c ~ ~ rte, ~+'t•~~ ' le~l ri • -7(!►IG5 June 15, 1995 Mr. Ray Valone Tigard City Hall JUN 2 U jCgS `3 13125 SW Hall Boulevard ►~I Tigard, OR 97223 E Dear Mr. Valone; i am writing you in regards to the proposed zoning change to the Tigard Comprehensive Plan, file #CPA 95-0002/ZON 95-0003, from Commercial Professional to General Commercial in the Scholls Retail Center. The Scholls Retail Center is located on Scholls Ferry Road and North Dakota Road with the center adjacent to properties represented by the Summer Lake Homeowners Association. Mr. Dan Boyden of Pacific Crest Partners, in charge of this project, has informed us that the with current zoning the buildings will be occupied by a Key Bank and Veterinary Hospital. Tenants for the remaining unoccupied portion of the building have yet to be determined. Mr. Boyden has informed us that the most likely occupants of this space will be a Boston Chicken Bar and a Kinko's Copy Center. Pacific Crest Partners would like to change the current zoning to General Commercial in order to lease this space to Hollywood Video. A survey was conducted with in our Association. Those members that chose to respond to our enquiries unanimously supported a Hollywood Video in lieu of the Boston Chicken and Kinko's Copy Center combination. The strongest support came from those families adjacent to the property. Many reasons were given for peoples preference, some of these are listed below. For the Boston Chicken; 1) Surveys show that this food chain draws customers from a much wider area than the Hollywood Video store. This will lead to increased traffic in our small community. This is a problem that already plagues this area as highlighted in Project Report prepared for the 130th/Winterlake Connection (June, 1995) and will. be compounded even more by the City Council's recent vote on the Hawk's Beard to Scholls Ferry connection. 2) 'A food chain will increase noise, air and detritus pollution that would disturb the residents nearest the property. 3) The food and waste would attract unwanted insects and 4 r a rodents. 4) Potential problems, such as increased vandalism, could result from the increase in unsupervised adolescents. This neighborhood already experiences numerous problems as a result of it's vicinity to Summerlake Park. The Kinko's Copy Center would be open 24 hours/day. The late night traffic and noise would be very disruptive to our residents. Hollywood Video is a "Family" video store, and does not carry "Adults Only" type video's. Mr. Boyden has reported to the Home Owners Association that Hollywood Video is willing to work with the neighborhood to modify its lighting and sign structure so that it will not be detrimental to our community. Hollywood Video has also expressed interest in a 10 year lease. For these reasons, we see more negative scenarios with the Boston Chicken/Kinko's combination. Therefore, the Summerlake Homeowners Association strongly supports Pacific Crest's request for re-zoning. We appreciate your taking our comments under consideration when reviewing this matter. Several of our Board members will be at the rezoning hearing on the 19th and will be happy to answer any questions you might have. Respectfully yo urs, .y, Je Dick Vice President - Summerlake Homeowner's Association 12970 S.W. Glacier Circle Tigard, OR 97223 CC: City Administrator City Attorney City Council Dan Boyden ~a CITY OF TIGARD, OREGON ORDINANCE NO. 86-_.!5:5, AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A COMPREHENSIVE PLAN AMENDMENT (CPA 10-86) AND ZONE CHANGE' (ZC 15-86) PROPOSED BY BETHANY ASSOCIATES. WHEREAS, the applicant has requested a Comprehensive Plan Amendment from Commercial Professional to Commercial General and a Zone change for C-P (Commercial Professional) to C-G (Commercial General); and !WHEREAS, the Planning Commission reviewed the proposal on October 7, 198'6 and recommended approval with the addition of a (P-D) Planned Development overlay zone; and WHEREAS, a public hearing was held before the City Council on November 3, 1986 to consider the Commission recommendation; and WHEREAS, based upon the record in this case from the Planning Commission and City Council hearings, the Council makes the following findings in this matter: 1. Section 18.22.040 of the Tigard community Development Code establishes detailed standards that are to be used to make a decision regarding a request to amend the plan and zoning map through a quasi-judicial procedure. A request for such an amendment must therefore address these stl&rdla vs as a part of itg aoalicatinn. These standards include: a. Statewide Planning Goals b. Applicable Comprehensive Plan policies 2.1.1, 4.1.1, 5.1.1, 5.1.4, 8.1.3, 8.2.2, 9.1.3 and 12.2 C. Applicable standards of the Community Development Code section 18.30.120. d. Evidence of: - a change in the neighborhood or community, or. - a mistake or inconsistency in the plan or map as relates to the property e. Evidence that the change will not adversely affect the health, safety and welfare of the community. 2. Statewide Planning Goals no longer need to be addressed because the City Comprehensive Plan has been acknowledged by LCDC. j.; 3. Comprehensive Plan Policies have been properly addressed in the following manner: ~n ORDINANCE NO. 86- GS' F5~ 1^:` -j- t: a. Policy 2. i. i is 6 atA s'ed because the Neighborhood Planning Organization and surrounding property owners were given notice of the hearing and an opportunity to comment on the applicant's proposal. b. Policy 5.1.1 is met because the applicant has shown that a partial rezoning of the property will more likely be able to satisfy local market demand and subsequently provide job opportunities for local residents. C. Policy 5.1.4 is satisfied because the proposed change will not enlarge the area presently designated for commercial use and will. not encroach upon nearby residential area. d. Policy 8.1.3 will be satisfied as a condition for development of the site. Before any commercial development occurs, City approval through the Site Development Review or Condititional Use process will be required. e. Policy 8.2.2 is satisfied becausd the site is served by Tri-Met and bus users will be able to commute to this site. f. Policy 9.1.3 is met because the change in Plan and zone designations will better provide for local services that nearby residents now must leave the immediate area to obtain. This proposal will help minimize the length of vehicular trips. g. The applicable Locational Criteria in Section 12.2 of the Plan have been satisfied. ~ 1) A residential zoning district is only adjacent along the southern boundary of the site. 2) Access The access traffic analysis presented demonstrates that the proposed rezoning does not create a traffic safety problem and that the overall impact upon adjacent streets will be minimal and the level of service for Scholls Ferry Road, Sorrento Road, or North Dakota Street will remain unchanged. ':when reviewed in 1985, the traffic signal at Scholls Ferry Road/Sorrento Road/North Dakota Street had not been installed and the improvement and widening of Scha•lls Ferry Road had not been scheduled by the State Highway Division for 1989. The City Engineering Division and State Highway viviSiii~ Cviacui i+iAW1 Wle baffle Study with the understanding that specific access points will be further evaluated during the Site Development Review or Conditional Use process. Direct access to an arterial and collector street is available. Public transportation is available on Scholls Ferry Road. ORDINANCE NO. 86 Page 2 -'1171A J 11R, • l 3) Site Characteristics The applicant has shown that the site will accommodate the uses proposed for the property. However, the Council shares the concern that was expressed at the hearing regarding the negative impacts associated with a larger scale commercial retail development. This concern is heightened since standard Community Development Code provisions do not prohibit the use of the remaining area zoned C-P to be used to satisfy parking and landscaping requirements for a project occurring on the land to be zoned C-G. Although this scenario is not intended by the applicant, the Council finds that it is essential to modify the request aiw imp--3Q CoMitinns to ensure that development will occur on the property in the-', manner proposed. The property is flat with clear visibility from either Scholls Ferry Road or North Dakota Street. 4) Impact Assessment As noted in item 3) above, the scale of the project should be limited so as to result in commercial development which is most beneficial to and compatible with nearby residential neighborhoods. In addition to the limited scale of the anticipated development on the property, Code requirements relating to building setbacks, landscaping, lighting, etc. will be employed during Site Development or Conditional use review. 4. Evidence: of a change in the neighborhood or community. The applicant has demonstrated that significant changes have taken place since 1983. The development noted in the report ® represents a combination of projects that were anticipated by the Plan (e.g., Meadow Creek Apts) and unforeseen events (e.g., Beaverton School District sale of surplus land). These have all contributed to a change in the demand for commercial services. 5. Evidence of a mistake or inconsistency in the Plan. The marketing analysis has shown that the demand for neighborhood professional office services (e.g., physicians, travel agencies) can be better satisfied with smaller sites in more locations rather than fewer large sites. These office uses are permitted in the C-G zone as well and the proposed rezoning will not prohibit them on the subject property. The analysis also shows that there is a surplus of land zoned C-P and a deficit of land zoned C-G. This proposal will help provide additional commercial needed in the area. ORDINANCE NO. 86-= Page 3 fY 1 ~ I I is rr 'A T®-29194 SCHO L. L S 0S. W. 12.89 300 1f ~o 7.93 QC. 401 Afta j, C' 5.59 lc. t] ® r_ . a o N A e. T- mmm* p I ~ m CY f i SEE MAP i• .c. \ 1$ 1 33A D w "•.47:9 i i-.. Yy 4, 40.1 o J e-f 0 6 4r. i i 6. Evidence that the change will not adversely affect the health, safety arri welfare of the community. The traffic impact on this proposal will be minimal and coupled with the site and street improvements that will be required in conjunction with the development, no adverse impacts are anticipated. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The proposal is consistent with all relevant criteria as I discussed above. No= Section 2: The City Council upholds the recommendations of the Planning staff and Planning Commission with the following modifications and conditions: a. The eastern 2.9 acres of the site shall be redesignated for Commercial General development in the Comprehensive Plan and C-G (Commercial General) on the Zoning Map. The northwest corner containing 1.0 acre will be redesignated for Commercial Neighborhood development in the Comprehensive Plan and C-N (Commercial Neighborhood) on the Zoning Map. This amendment is illustrated in Exhibit "A" (map) b. Commercial development occurring within a zoning district ~ shall not utilize space outside of the respective zone to satisfy parking or landscaping requirements prescribed by the Community Development Code. Section 3: This ordinance shall be effective on and after the 31st day after its passage by Council, and approval by the Mayor. PASSED: By (Ahc4Ah;MocA_, vote of all Council members present -after being read by number and title only, this day of ~J60eoyrd6~~ 1986. Loreen R. Wilson, Acting City Recorder APPROVED: This day of 1986. h-E. Cook, Mayor cn/165 ORDINANCE NO. 86- Page 9 III~, Jill, I, t mom, Se +a 7 AGENDA ITEM # For Agenda of July 11, 1995 CITY OF TIGA..RD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Budget Adjustment for funding of Affairs of the Art. PREPARED BY: Wayne DEPT HEAD OK I' CITY ADMIN OK ISSUE BEFORE THE COUNCIL Shall the Tigard City Council approve funding the request of $500 for Affairs of the Art and approve the appropriation of contingency in the general fund. STAFF RECOMMENDATION If the Council wishes to approve this funding request, staff recommends approving the attached resolution to properly adjust the 1995/96 budget. INFORMATION SUMMARY Representatives of the Affairs of the Art attended the hearing on the 1995/96 budget on June 13, 1995. At that time they presented their request for $500 from the City to pay for the advertising of their event. After some discussion, the Council asked that appropriate information be submitted to evidence the request. he requested information is attached for council consideration. Also attached is a resolution that appropriates contingency in the General Fund in the amount of $500. If the Council decides to grant the request, the resolution should be adopted to properly adjust the budget. If approved, funding available for Arts and events will increase from the budget committee approved amount of $21,150 to $21,650. OTHER ALTERNATIVES CONSIDERED Approve the request. Disapprove. FISCAL NOTES Approval of the request will result in the reduction of General Fund Contingency from $300,000 to $299,500. j! A CITY OF TIGARD, OREGON RESOLUTION NO. $5-_ A RESOLUTION APPROPRIATING CONTINGENCY IN THE GENERAL FUND IN THE AMOUNT OF $500 FOR AFFAIRS OF THE ART S, the Affairs of the Art group submitted a request for funding in the amount of $500 to fund the cost of publicity, for their even, and WHEREAS, the Tigard City Council has decided to fund the request which s was not included in the 1995/96 adopted, NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that. Section 1: Contingency is appropriated in the general fund in the amount of $500 in the Community Services Program. 'a PASSED: This day of , 1995. Mayor - City of Tigard LI'IVVITTl.141. City Recorder - City of Tigard h:\laflin\cathy\orts.res RESOLUTION NO. 95- Page I r .7T f June 13, 1995 TO: TIGARD CITY COUNCIL Affairs of the Art was conceived to satisfy a need for local artists who need a foment for their art which is unjuriW. Lake Oswego has an art show, as does West Lynn, but both have become so popular and big that the struggling artist is overwhelmed and lost because of their size. Those who wish to visit an art show find it difficult to get to these shows because of distance, parking, etc. Last year was the first show. It was small, but very successful. 40 artists show Cad 105 framed pieces of a i and sculpture. We rece:.'ed conseuer sable praise for the show because of the size and the professional way the art was hung. For the first year, we were very fortunate to have about three hundred people attend the show. Quite a few pieces were sold. Proceeds were used to help defray expenses such as ribbons, standards to hang art, banners and some advertising. A portion was donated to the Arts Commission of Tigard, Tualatin and Sherwood as they were our volunteer group. we haQ a very deQiC$Led group of people ue11pii9g us grove is vii °auw pivja° & ""%aa c considerable amount of in-kind donations were made by various businesses, i.e. printing of the poster, catering, lumber, painting, plants, etc. There is no admission and students at all three high school are invited to hang art for free. We will award ribbons in six categories: Water Color; Oils; Acrylic; Mixed Media; Photography; and Sculpture. What we lacked was getting the word out to the public that we were a "happening" to enjoy. People just didn't know we were there. We need additional funding to cover advertising, postage and printing. We heard many comments after the fact that people would have liked to have attended but hadn't seen any publicity about the event. We are asking the Council to approve a request of $500 to help us do an adequate job of advertising the event. All monies received from the City will be dedicated to publicity for the event. 1: 112 11111 SIR iryONI ge t:: grow to -n »r t and --s-c- all at aC.•ook pz&ec, p053oiDey housed in a lame tent. We also could {possibly see it in conjunction with Music In The Park. The 1995 Affairs of the Art will be held the third weekend of August in the Tigard High Scheol Commons. This is timed to coincide with Tigard Country Daze. Reslaectful6y submitted. Ron & Emily Bohart r t AFFAIRS OF THE ART $94 ACCOUNTING INCOME Sponsorships ACCTS $150.00 vaic saran 250.00 FM B&B Litho Printing 150.00 $550.00 Art Sales 759.00 Posters 400.00 Registrations 450.00 TOTAL $2,159.00 EXPENSES Hall Rental 100.00 Postage 115.30 Poster Printing 250.00 Art Sales 569.25 Ribbons 2 7 . 3 9 Framing 50.00 misc 25.00 TOTAL $1,136.94 NET PROFIT $1022.06 RETAINED FOR AFFAIRS OF THE ART °95 400.00 PROCEEDS TO ACCTS $ 622.06 x MIAMI! P ME Q, iV ACKENZIE ENGINEERING INCORPORATED CIVIL • STRUCTURAL a SURVEYING a TRANSPORTATION 0690 SW BANCRCF S T REE - ?0. SCX 69039 ?CRiLANO. OREGCN 977-()7 39 " !~A3i 22=-5'x`.0 - ~s>X 5031 o3a.t2?S U . U~ May 2s,1995 ~1 AY 2 6 1995 G1TY` OF. TIGARD Washington County Land Use and Transportation Attention: Scott King 155 North First Avenue, Suite 350 Hillsboro, Oregon 911214 Pw: Pam 4;r Crest Zane Change Traffic Generation Comparison Project Dumber 294149 Dear Mr. Icing: In response to City of Tigard comments regarding the allowed uses in Parcel 93 with the proposed zone change to General Commercial (C-G), Mackenzie Engineering Incorporated (1VEEI) has reevaluated the maximum trip gates allowed under e:dsting C-P and proposed C-G zoning. The City proposed a worst-case scenario under the proposed zoning be analyzed which would iriclude a 2500 s.f convenience store and a 5600 s.f video store. Under existing zoning, the highest PM peak hour trip generation for the 8400 s.f building would include a 3100 s.f. Convenience Market and a Motor Vehicles Department Office. The trip rates were found to be higher under a fisting C-P zoning than the proposed C-G zoning as shown in the table below. PM Peak Hour Trio Generation Estimates -Parcel 93 PM Peak Hour Zoning Uses Enter Exit 'T'otal Existing C-P Convenience Market 143 143 286 DMV Office Proposed C-G Convenience Market 124. 124 243 Video Store ~u h Higher trip rates would also result from a Day Care Center or a Bank instead of the DhfV office under C-P zoning. ry' Trip generation was estimated utilizing rates published in the Institute of Transportation Engineers (ITE) Tnp Generation. Fifth Edition and MEI observed rates for a video store. The ITE rates used include Convenience Market (351), DlvfV Office (731), Day Care (565), and Walls-In Bank (911). Calculations for theses scenarios are attached. F*%WPDATA`95-G5\94149%=Li.KC Tr1p Generati®n ITE LAND USE VAR RATE AOT AM Albs PM PM PM Enter Exit Enter Exit Total OPTION Al 851 Conv. Mkt. 24hrs KSF 2.8 2066 92 92 75 75 150 731 State Mtr Vets Dept KSF 5.6 1165 31 31 68 68 136 = Total 8.4 3231 123 123 143 143 286 OPTION A2 851 Conv. Mkt. 24hrs KSF 2.8 2066 92 92 75 75 150 565 Day Care KSF 5.6 444 35 30 35 41 76 Total 8.4 2510 127 122 110 116 226 OPTION A3 851 Conv. Mkt. 24hrs KSF 2.8 2066 92 92 75 75 150 911 Walk-In Bank KSF 5.6 787 18 10 43 54 97 Total 8.4 2853 110 102 118 129 247 OPTION 8 851 Conv. Mkt. 241 KSF 2.8 2066 92 92 75 75 150 ° Video Store KSF 5.6 49 49 98 Total 8.4 124 124 248 1 _A ~ti FIN Traffic Smithy Professional Traffic Counting Service 1225 N.W. Murray Blvd., Suite 111 Voice (503) 641-6333 Portland, Oregon 97229-5552 Fax (503) 643-8866 Dan Spriggez Showcase Moter Company 180 W 1 st Street Dundee, OR 97115 RE: Hollywood Video Store- Trip generation Survey Dan: At your request we conducted a series of 5, 2 hour trip generation survey at the Pacific Highway Hollywood Video in the City of Tigard. The following is a summary of these surveys: June 23, 1995 (Friday) 16:00-17:00 100 trips/hour 17:00-18:00 142 tripsthour June 24, 1995 (Saturday) 16:00-17:00 142 trips/hour 17:00-18:00 160 trips/hour July 1, 1995 (Saturday) 16:00-17:00 128 trips/hour 17:00-18:00 190 trips/hour July 2, 1995 (Sunday) 16:00-17:00 184 trips/hour 17:00-18:00 174 trips/hour July 3, 1995 (Monday) 16:00-17:00 155 trips/hour 17:00-18:00 201 trips/hour The maximum trip generation rate was calculated at 37.6 trips/1,000 square feet gross leasable area. This is base on a your measurement of Hollywood Video' gross leasable area of 5,400 square feet. It is my understanding that your proposed video rental business would be 8,400 square feet. A reasonable estimate for trip generation for this site would 320 trips/hour. If you have any questions, please call. rely F FI SM HY Robert Ke ch, P.E. Engineering Support INTERSECTION TURN MOVEMENT COUNT SUMMARY REPORT HOLLYWOOD VIDEO STORE ACCESS AT PACIFIC HIGEMY Trv A = 06 P=O. nA•T•E OF COUNT: 06/23/95 N I0 DAY OF WEEK: Fri. T 0 0 0 TIME STARTED: 16:00 TIME ENDED: 18:00 H 4-73 sJ L> '.4-73 I 0 ~ LO _ T= 0% 71 .4-73 T Oo -73 P=.887 P=.701 0 TEV=TOTAI1 ENTRY VOLUME ® ~0 T=%TRUCKS BY APPROACH -41 I f~ P=PHF BY APPROACH 71 71 I p 0 0 Peak, 0 ® 7:50 Traffic Smithy :50-1 T= 0* P=O. IO TEV=144 Traffic Survey Service EAST BOUND SGU A BOUND NORTH BOUND WEST BOUND FROM - TOIOD J ®J I ®l I f-°' AT'T' p vT' $ 114 16:00-16:05 0 3 0 0 0 0 0 0 0 0 0 0 3 16:05-16:10 0 1 0 0 0 0 0 0 0 0 4 0 5 16:10-16:15 0 4 0 0 0 0 0 0 0 0 1 0 5 16:15-16:20 0 6 0 0 0 0 0 0 0 0 6 0 12 16:20-16:25 0 6 0 0 0 0 0 0 0 0 4 1 11 16:25-16:30 0 3 0 0 0 0 0 0 0 0 2 0 5 16:30-16:35 0 7 0 0 0 0 0 0 0 0 1 0 8 16:35-16:40 0 2 0 0 0 0 0 0 0 0 8 0 10 16:40-16:45 0 3 0 0 0 0 0 0 0 0 6 0 9 16:45--16:50 0 5 0 0 0 0 0 0 0 0 3 0 8 16:50-16:55 0 5 0 0 0 0 0 0 0 0 6 0 11 16:55-17:00 0 7 0 0 0 0 0 0 0 0 6 0 13 17:00-17:05 0 4 0 0 0 0 0 0 0 0 4 0 8 17:05-17:10 0 4 0 0 0 0 0 0 0 0 2 0 6 17:10-17:15 0 9 0 0 0 0 0 0 0 0 7 0 16 17:15-17:20 u 4 0 ^v 0 0 0 0 0 0 6 0 10 17:20-17425 0 6 0 0 0 0 0 0 0 0 10 0 16 17:25-17:30 0 9 0 0 0 0 0 0 0 0 1 0 10 17:30-17:35 0 5 0 0 0 0 0 0 0 0 9 0 14 17:35-17:40 0 4 0 0 0 0 0 0 0 0 7 0 11 17:40-17:45 0 7 0 0 0 0 0 0 0 0 10 0 17 17:45-17:50 0 7 0 0 0 0 0 0 0 0 5 0 12 17:50-17:55 0 6 0 0 0 0 0 0 0 0 4 0 10 17:55-18:00 0 7 0 0 0 0 0 0 0 0 5 0 12 Total Survey 0 124 0 0 0 0 0 0 0 0 117 1 242 PHF 0 .89 0 0 0 0 0 0 0 .7 0 .857 Trucks 0 0 ( 0 0 0 0 0 0 0 0 0 0 Stopped Buses 0 0 0 0 0 0 0 0 0 0 0 0 Peds 0 0- 0 0 0 0 0 0 0 0 0 0 Hourly Totals 16:00-17:00 0 52 0 0 0 0 0 0 0 0 47 1 100 16:15-17:15 0 6i 0 0 0 0 0 0 0 0 55 1 117 0 16:30-17:30 0 65 0 0 0 0 0 0 0 0 60 0 125 16:45-17:45 0 59 0 0 0 0 0 0. 0 0 71 0 140 17:00-18:00 0 72 ' 0 0 0 0 0 0, 0 0 70 0 142 7' ;OAVWI- 6,bUt3"~CIFI~' 06/24/95 T MOVAg Aa Pp' OF CpUi`1`~Sa600 ION I?F~ DA WEEK- • 1 I)M IOLL`ppp 854. SE,D : 18 , p 0 T= 0~ P-• 1 TTIIIMJSE 85 S 82 0 ®r-p 81 LIP. Off, 4y A6+-0 T- Qo _TOTAL ERp,~pP A pg T ® p. TRUCKS Z~p 0 OK H ~-1 ! t- 0 P= p,PY p,Y tl:l T- 0% 0 Trafy S Y Se'xvyce pro • 0 0 ~r pe 6:65 :25a£f5T UC' A~ 0 A. TEV 1 w iT } 1 45...- ALe . s5 ~ s5 Lscl o p~ , 85 rO~~ 0 0 ~g1 T- vOT~ p ~+r d1 ' 104 p 0 0 14 0 Q 0 9 Ow , 0 0 4 0 o Q 0 1? T P~Td D p 0 0 $ 0 0 3 0 0 -16 0 0 0 1 3 viol Q 0 0 0 3 0 0 11 0 0 0 0 1j5 Op-16.ti0 0 0 Q 0 17 , 6 0 0 0 0 0 0 12 16=05`- 6':15 0 0 0 0 8 0 0 5 0 p 0 Q 9 16;10-16;20 .0 0 0 p 5 0' 0 8 0 0 p 0 13 16:15`16;25 0 0 0 0 0 p 0 p 0 19 16:20-16;30 Q 0 0 p 10 0 0 5 0 0 p 0 11 16;25`16;35 0 0 0 6 0 0 0 p 0 y5 16;30-16;40 0 p 0 0 '7 0 0 11 0 0 0 0 11 16 :40- y8 : 50 0 0 0 0 6 0 0 10 0 0 0 0 12 16 50-16 55 0 0 0 0 117 0 0 1 0 0 Q 0 15 16.55` -1'7. 00 05 0 0 0 0 5 0 0 11 0 0 0 0 i2 y7 1,7:15 0 0 0 0 9 0 0 10 0 0 0 0 `1, s 25 0 ° 0 0 8 0 0 0 0 0 4 6 p 0 0 1.25_17.35 0 p 0 o 0 0 0 106 0 0 1 : .4 : 30-11 • 4 1`I 0 0 1? 5 Q 0 6 1,77 . 177 * 17°_ -1? : 55 0 0 Q 1~ -.45 50-1~ " 00 17 55-18: 0 0 3853 t = 0 y p 1 0 185 Q Q 0 0 0 0 25 ~80 0 0 1 0 0 0 153 0 0 rkt 0 0 0 0 p 0 0 j61 0 w gveY ° 0 p Q 0 16'7 Q 0 T ,;cKe eS 0 0" 0 0 0 0 19 0 0 0 0 160 T~ d g-a 0 '71 0 Q 81 0 0 gto 0 0 0 1 9 0 0 8 9 0 I:P f Pec, Totals 0 0 0 1 81 0 0. 7 Ho OoY17' p 5 0 0 0 1 80 16;15`1?-30 0 0 0 wt; 16;30`17 ";45 0 -11 1 -45- S.00 { INTERSECTION TURN MOVEMENT COUNT SUMMARY REPORT HOLLYWOOD VIDEO ACCESS AT PACIFIC HIGHWAY m T= 0% P=O. N ~0 m DATE OF COUNT: 07/01/95 0 10 DAY OF WEEK: Sat 0 0 0 TIME STARTED: 16:00 T TIME ENDED: 18:00 H 4-91 ®J I L~ 4-91 0 t0 T= .6% T= Ot 99 -r ®-91 P=.853 P=.710 0 0 TEV=TOTAL ENTRY VOLUME m T=%TRUCKS BY APPROACH 1 ~y P=PHF BY APPROACH 99 e1 99 -d ~ 0 0 0 Peak 0 A 17:0H0-18:00 Traffic Smithy T= 0% P=O. 10 TEV=190 Traffic Survey Service rw w,-. EAST BOUND SOUTH BOUND NORTH? BOUND WEST BOUND miir e PERIOD ® s m FROM - TO i .j L® L ALL 0L.r j,-1 16:00-16:05 0 5 0 0 0 0 0 0 0 0 2 0 7 16:05-16:10 0 3 0 0 0 0 0 0 0 0 5 0 8 16:10-16:15 0 2 0 0 0 0 0 0 0 0 7 0 9 16:15-16:20 0 6 0 0 0 0 0 0 0 0 3 0 9 16:20-16:25 0 9 0 0 0 0 0 0 0 0 3 0 12 16:25-16:30 0 2 0 0 0 0 0 0 0 0 8 0 10 16:30-16:35 0 10 0 0 0 0 0 0 0 0 6 0 16 16:35-16:40 0 6 0 0 0 0 0 0 0 0 7 0 13 16:40-16:45 0 5 0 0 0 0 0 0 0 0 6 0 11 16:45-16:50 0 4 0 0 0 0 0 0 0 0 4 0 8 16:50-16:55 0 5 0 0 0 0 0 0 0 0 11 0 16 16:55-17:00 0 4 0 0 0 0 0 0 0 0 5 0 9 17:00-17:05 0 12 0 0 0 0 0 0 0 0 7 0 19 17:05-17:10 0 7 0 0 0 0 0 0 0 0 9 0 16 17:10-17:15 0 6 0 0 0 0 0 0 0 0 4 0 10 17:15-17:20 0 4 0 0 0 0 0 0 0 0 3 0 7 17:20-17:25 0 9 0 0 0 0 0 0 0 0 14 0 23 17:25-.17:30 0 7 0 0 0 0 0 0 0 0 5 0 12 17:30-17:35 0 9 0 0 0 0 0 0 0 0 6 0 15 17:35-17:40 0 10 0 0 0 0 0 0 0 0 6 0 16 17:40-17:45 0 6 0 0 0 0 0 0 0 0 12 0 18 17:45-17:50 0 6 0 0 0 0 0 0 0 0 14 0 20 17:50-17:55 0 9 0 0 0 0 0 0 0 0 4 0 13 17:55-18:00 0 14 0 0 0 0 0 0 0 0 7 0 21 Total Survey 0 160 0 0 0 0 0 0 0 0 158 0 318 PHF 0 .85 0 0 0 0 0 0 0 0 .71 0 .879 Trucks 0 .6 0 0 0 0 0 0 0 0 0 0 .3 ® Stopped Buses 0 0 0 0 0 0 0 0 0 0 0 0 Peds 0 0 0 0 0 0 0 0 0 0 0 0 Hourly Totals 16:00-17:00 0 61 0 0 0 0 0 0 0 0 67 0 128 16:15-17:15 0 76 0 0 0 0 0 0 0 0 73 0 149 16:30-17:30 0 79 0 0 0 0 0 0 0 0 81 0 160 16:45-17:45 0 83 0 0 0 0 0 0 0 0 86 0 169 17:00-18:00 0 99 0 0 0 0 0 0 0 0 91 0 190 Ve 4s ) ~ eG.'i i,h f _ Eac INTERSECTION TURN MOVEMENT COUNT SUMMARY REPORT HOLLYWOOD VIDEO ACCESS AT PACIFIC HIGHWAY A T= 0% P=O. N ~0 ® DATE OF COUNT: 07/02/95 O 10 DAY OF WEEK: Sun. R 0 0 0 TIME STARTED: 16:00 T TIME ENDED: 18:00 H.4-8 9 L► 4-89 0 L0 T= 0°s T= 0% 99 -a d-89 P=.798 P=.674 0 -0 TEV=TOTAL ENTRY VOLUME A T=°;TRUCKS BY APPROACH r® P=PHF BY APPROACH 99 41 I 99 0 0 0 Peak Hour !0 + 16:05-17:05 IlTraffic Traffic Smithy d T= 0% P=O. 0 TEV=188 Survey Service EAST BOUND SOUTH BOUND NORTH BOUND WEST BOUND TIME FROM PETT'OIOD a -p J .4 1 y L ALL ear r 16:00-16:05 0 10 0 0 0 0 0 0 0 0 7 0 17 16:05-16:10 0 5 0 0 0 0 0 0 0 0 9 0 14 16:10-16:15 0 10 0 0 0 0 0 0 0 0 3 0 13 16:15-16:20 0 9 0 0 0 0 0 0 0 0 7 0 16 16:20-16:25 0 11 0 0 0 0 0 0 0 0 13 0 24 16:25-16:30 0 6 0 0 0 0 0 0 0 0 6 0 12 16:30-16:35 0 9 0 0 0 0 0 0 0 0 14 0 23 16:35-16:40 0 13 0 0 0 0 0 0 0 0 5 0 18 16:40-16:45 0 9 0 0 0 0 0 0 0 0 8 0 17 16:45-16:50 0 6 0 0 0 0 0 0 0 0 6 0 12 16:50-16:55 0 5 0 0 0 0 0 0 0 0 3 0 8 16:55-17:00 0 5 0 0 0 0 0 0 0 0 5 0 10 17:00-17:05 0 11 0 0 0 0 0 0 0 0 10 0 21 17:05-17:10 0 3 0 0 0 0 0 0 0 0 8 0 11 17:10-17:15 0 8 0 0 0 0 0 0 0 0 4 0 12 17:15-17:20 0 8 0 0 0 0 0 0 0 0 10 0 18 17:20-17:25 0 11 0 0 0 0 0 0 0 0 10 0 21 17:25-17:30 0 11 0 0 0 0 0 0 0 0 5 0. 16 17:30-17:35 0 8 0 0 0 0 0 0 0 0 9 0 17 17:35-17:40 0 4 0 0 0 0 0 0 0 0 8 0 12 17:40-17:45 0 4 0 0 0 0 0 0 0 0 2 0 6 17:45-17:50 0 8 0 0 0 0 0 0 0 0 4 0 12 17:50-17:55 0 5 0 0 0 0 0 0 0 0 7 0 13 17:55-18:00 0 5 0 0 0 0 0 0 0 0 10 0 15 cy ?y, Total Survey 0 185 0 0 0 0 0 0 0 0 173 0 358 PHF 0 .8 0 0 0 0 0 0 0 0 .67 0 .796 Trucks 0 0 0 0 0 0 0 0 0 0 0 0 0 110 Stopped Buses 0 0 0 0 0 0 0 0 0 0 0 0 x Peds 0 0 0 0 0 0 0 0 0 0 0 0 Hourly Totals 16:00-17:00 0 98 0 0 0 0 0 0 0 0 86 0 184 16:15-17:15 0 95 0 0 0 0 0 0 0 0 89 0 184 16:30-17:30 0 99 0 0 0 0 0 0 0 0 88 0 187 16:45-17:45 0 84 0 0 0 0 0 0 0 0 80 0 164 17:00-18:00 0 87 0 0 0 0 0 0 0 0 87 0 174 INTERSECTION TURN MOVEMENT COUNT SUMMARY REPORT HOLLYWOOD VIDEO ACCESS AT PACIFIC HIGHWAY N A 0 T= 0% P=O. ® DATE OF COUNT: 07%03/95 1 O O1 DAY OF WEEK: Mon F17 R 0 ~I 0 0 f TIME STARTED: 16:00 H ~-9 9 .41 Lb 4--10 0 TIME ENDED : 18:00 0 J Li T= 0 T= Oo 103 -0- 4-99 P=.804 P=.892 0 0 TEV=TOTAL ENTRY VOLUME ® T=?6TRUCKS BY APPROACH i ® P=PHF BY APPROACH 103 0 0 0 103 -`Peak Hour 10 A 16:55-17:55 Traffic Smithy ® T= 0% P=O. 10 TEV=203 Traffic Survey Service TIME PF!T7TQTI FAST BOUND a SOUTH BOUND NORTH BOUND WEST BOUND A FROM - TO a .T 41 i L® a'1 r°' f .4- t ALL O VT 4 16:00-16:05 0 8 0 0 0 0 0 0 0 0 4 0 12 16:05-16:10 0 5 0 0 0 0 0 0 0 0 5 0 10 16:10-16:15 0 5 0 0 0 0 0 0 0 0 9 0 14 16:15-16:20 0 4 0 0 0 0 0 0 0 0 3 0 7 16:20-16:25 0 7 0 0 0 0 0 0 0 0 8 0 15 16:25-16:30 0 5 0 0 0 0 0 0 0 0 5 0 10 16:30-16:35 0 6 0 0 0 0 0 0 0 0 4 1 11 16:35-16:40 0 5 0 0 0 0 0 0 0 0 6 0 11 16:40-16:45 0 6 0 0 0 0 0 0 0 0 6 0 12 16:45-16:50 0 5 0 0 0 0 0 0 0 0 10 0 15 16:50-16:55 0 10 0 0 0 0 0 0 0 0 8 0 18 16:55-17:00 0 8 0 0 0 0 0 0 0 0 12 0 20 17:00-17:05 0 12 0 0 0 0 0 0 0 0 7 0 19 17:05-17:10 0 4 0 0 0 0 0 0 0 0 8 0 12 17:10-17:15 0 7 0 0 0 0 0 0 0 0 9 0 16 17:15-17:20 0 10 0 0 0 0 0 0 0 0 6 0 16 17:20-17:25 0 10 0 0 0 0 0 0 0 0 8 1 19 17:25-17:30 0 9 0 0 0 0 0 0 0 0 5 0 14 17:30-17:35 0 6 0 0 0 0 0 0 0 0 8 0 14 17:35-17:40 0 5 0 0 0 0 0 0 0 0 8 0 13 17:40-17:45 0 10 0 0 0 0 0 0 0 0 8 0 18 17:45-17:50 0 10 0 0 0 0 0 0 0 0 9 0 19 17:50-17:55 0 12 0 0 0 0 0 0 0 0 11 0 23 17:55-18:00 0 10 0 0 0 0 0 0 0 0 8 ..0 18 Total Survey 0 179 0 0 0 0 0 0 0 0 175 2 356 PHF 0 .8 0 0 0 0 0 0 0 0 .88 .25 .845 Trucks 0 0 0 0 0 0 0 0 0 0 0 0 0 Stopped Buses 0 0 0 0 0 0 0 0 0 0 0 0 Peds 0 0 0 0 0 0 0 0 0 0 0 0 Hourly Totals 16:00-17:00 0 74 0 0 0 0 0 0 0 0 80 1 155 16:15-17:15 0 79 0 0 0 0 0 0 0 0 86 1 166 16:30-17:30 0 92 0 0 0 0 0 0 0 0 89 2 183 16:45-17:45 0 96 0 0 0 0 0 0 0 0 97 1 194 17:00-18:00 0 105 0 0 0 0 0 0 0 0 95 1 201 3. R and ~In[ ,dos f ipo noil '50(l qa3 net ont t ' St 0s S~. 0 lot ea ti - er®J -s G' i ApRkcantla Proposed Deed Restriction _Z e r `z6tN Comprehensive Plan Kap Amendment (CPA) 95-002/ r 95- 003 The Planning Commission expressed concern about the range of uses allowed in the general commercial zone. In particular, Planning commission members were concerned that if a lease to Hollywood Video fell through, or proved to be illusory, the entire 5,000+ square feet (once zoned C-G) could be used for fast food franchises or other uses that seemed to be undesirable to the neighbors. The applicant understands the Planning Commission'' concern, and proposes to address it through a voluntary deed restriction on the portion of the property that would be zoned C-G. The deed restriction would limit "eating and drinking establishments" with drive-in service to a maximum of 3166 square feet, the amount currently allowed as of right under the C-•P zone. In addition, the following uses (allowed outright or as conditional uses in the C-G'zone) would be prohibited altogether: 1. Automotive and equipment uses 2. Vehicle fuel sales 3. Fuel tank 4. Transient lodging 5. Adult entertainment 6. Spectator sports and entertainment facilities The deed restriction would provide that it could not be removed except upon approval from the Tigard City Council or other appropriate body under the TCDC. Proposed language: "The following restrictions are imposed as a condition of approval of Comprehensive Plan Map Amendment (CPA) 95- 002/Variance (VAR) 95-003, and shall not be altered or removed except with the approval of the Tigard City Council or such other body as may be authorized under the Tigard Community Development Code to modify the conditions of approval of a comprehensive plan map amendment and zone change: 1. No more than 3166 gross square feet of the building on Lot 3 may be used for Eating and Drinking Establishments (as defined in the Tigard Community Development Code in effect on [date map amendment decision becomes final]) having drive-in service. ] 0061750.01 y ]t g 2. The following uses, as defined in the Tigard Community Development Code in effect on [date map amendment decision becomes final] are prohibited on Lot 3: a. Automotive and equipment uses b. Vehicle fuel sales c. Fuel tank d. Transient lodging e. Adult entertainment f. Spectator sports and entertainment facilities' ONE F,> 2 0061750.01 1995 PROJECTED AFFAIRS OF THE ART BUDGET 'INCOME Corporate Sponsorship $ 400.00 City of Tigard Sponsorship $ 500.00 Sale of fosters $ 400.00 Sale of Art $1,000.00 Registrations $ 600.00 Total $2,900.00 EXPENSES Art Sold $ 750.00 Ribbons, prizes, etc. 50.00 Postage 200.00 Framing 50.00 Misc 50.00 Advertising, publicity (ads and signage) 700.00 Donation and retention for neat year 11100.00 Total $2,900.00 z a 5 . AFFAIRS OF THE ART 1994 IN KIND DONATIONS Theme Print Resign Ron Bohart Advertising Signs Sign Graphics Superior Signs Catering Bergmann's Restaurant Grounds Coffee World Framing Schuck Hausman Fine Picture Framing Facilities St. Anthony's Church One day free set up Printing Insty Prints Vehicles Inez Building Supply Lumber for panels Elmo Studd Lumber Painting of Panels Balzer Painting 1995 INJUNID DONATIONS - Additional Space for show Tigard High School Additional Lumber Tualatin Valley Builder Supply Poster Printing B & B Litho Printing Theme Print Design Airi Foote (artist) Printing Lazerquick Andrew's Nursery Plants for show 4f G f y 'N C 7 +'J June 13, 1995 TO: TIGARD CITY COUNCIL Affairs of the Art was conceived to satisfy a need for local artists who need a forum for their art which is unjuried. Lake Oswego has an art show, as does West Lynn, but both have become so popular and big that the struggling artist is overwhelmed and lost because of their size. Those who wish to visit an art show find it difficult to get to these shows because of distance, parking, etc. Last year was the first show. It was small, but very successful. 40 artists showed 105 framed pieces of art and sculpture. We received considerable praise for th ° 4how because of the size and the professional way the art was hung. For the first year, we were very fortunate to have about three hundred people attend the show. Quite a few pieces were sold. Proceeds were used to help defray expenses such as ribbons, standards to bang art, banners and some advertising. A portion was donated to the Arts Commission of Tigard, Tualatin and Sherwood as they were our volunteer group. We had a very dedicated group of people helping us work on this project and a ®donations were made by 'olaritbns businesses, i.e. wv.a: aYCaaeaaaeC ~e ma printing of the poster, catering, lumber, painting, plants, etc. There is no admission and students at all three high school are invited to hang art for free. We will award ribbons in six categories: Water Color; Oils; Acrylic; Fixed Media; Photography; and Sculpture. What we lacked was getting the word out to the public that we were a "happening" to enjoy. People just didn't know we were there. We need additional funding to cover advertising, postage and printing. We heard many comments after the fact that people would have liked to have attended but hadn't seen any publicity about the event. We are asking the Council to approve a request of $500 to help us do an adequate job of advertising the event. All monies received from the City will be dedicated to publicity for the event. MEN= 155111:~ MAN 112111 iq; MET: 1 Our ve-year goal is to grow to an art and music festival at Cook Park, possibly housed in a large tent. We also could possibly see it in conjunction with Music In The Park. Boom The 1995 Affairs of the Art will be held the third weekend of August in the Tigard Hig4 School Commons. This is tinned to coincide with Tigard Country Thee. Respectfully submitted. Ron & Emily Bohart fn ;T. IN F r. ~1 AFFAIRS OF THE ART 194 ACCOUNTING - INCOME Sponsorships ACCTS $150.00 Wiest one Bank 250.00 B&B Litho Printing .150.00 $550.00 Art Sales 759.00 Posters 400.00 Registrations 450.00 TOTAL $2,159.00 EXPENSES Hall Rental 100.00 Postage 1.15.30 Poster Printing 250.00 Art Sales 569.25 Ribbons 27=39 Framing 50.00 Misc 25.00 TOTAL $1,136.94 NET PROFIT $1022.06 RETAINED FOR AFFAIRS OF THE ART °95 400.00 PROCEEDS TO ACCTS $ 622.06 AGENDA ITEM # For Agenda of -7 /it I q5 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE,/AGENDA TITLE Severe Weather Shelter Update PREPARED BY: -DELI' HEAD OI< CITY ADMIN OK ISSUE BEFORE THE COUNCIL Is the Tigard Mater Building suitable for use as a severe weather shelter in the Winter of 1985-96T Should changes be made? STAFF RECOMMENDATION Council should review the year-end results of the first year of operation of the severe weather shelter and consider improvements for the coming year. INFORMATION SUMMARY Last year Council created a Homeless Task Force which recommended that a severe weather shelter be opened in Tigard. The Tigard Water Building was opened for this use in December and operated for 71 evenings through April, 1995. 189 individuals received services provided by Interfaith Outreach Services. It is now time to access the pros and cons of operating the shelter at the Water Building. Other options are available. In addition, the idea of a regional shelter has been discussed. A progress report will be given on the regional effort. QTrtiER ALTERNATIVES CONSIDERED Do not allow use of a City facility for a severe weather shelter in 1995-96 FISCAL NOTES r.r None. \1ogin\jo\sewWier.sum z t F.r .z MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor and City Council - - FROM: William A. Monahan, City Administrator DATE: July 3, 1995 El I SUBJECT: Severe Weather Shelter - Interfaith Outreach Services Interfaith Outreach Services (IOS) Executive Director I im Brown will be present at our July 11, 1995 Study Session to discuss the operation of the severe weather shelter during the past winter. We will discuss the following, as well as any other issues Council has: 1. Flow the Water Building functioned as a shelter. 2. Year-end statistics - who was served. 3. Concerns to be considered before the Winter of 1995-98. 4. Should the shelter be operated at either the Water Building or the Senior Center next Winter? 5. Summer issues. Flow The Water Building Functioned As A Shelter - Staff met with Wm and the shelter operator. Generally, staff and Interfaith Outreach agreed that the facility was suitable for a shelter. It was easy for clients to find and access (close to public transit, centrally located), and easy for IOS to give directions to potential clients. The facility is not located near residential uses, so no conflicts arose. The building had adequate space for overnight stay and adequate restrooms. Security was acceptable. No damage was done to the facility. Drawbacks to the facility included: 1. Lack of storage area for OOM and supplies. The stage area was used, as no other accessible space was available. 2. The auditorium carpet retained earpet-nfthwd odor which was of some degree of concern to day room users. tq 112,16 , W, r s Honorable Mayor and City Council July 3, 1995 Page Twro 3. Use of the 'f'acility on an as-needed basis restricted the City's ability to make the auditorium available to other users. There was a shortage of meeting room space for such users from December through April. 4. Some impact was experienced by the Library, as homeless clients sought daytime shelter at the Library. Some behavioral concerns were expressed by Library staff. Fear-End Statistics - The shelter was open 71 nights, with 189 total individuals served. Of those served, 59 stayed only one night, with the remainder using the facility at least two evenings. There were 721 total "bed nights" (the total of all overnight stays). Of those people served, 57 identified themselves as Tigard residents. 22 children were served, 78 people between the ages of 13 and 30, and two individuals between the ages of 55 and 74. Almost half of the individuals served, 87 of 189, were between the ages of 31 and 54. -Concerns To Be Considered Before Winter. 1995 - The City has several options for the next shelter season. The City can make the Water Building available again, or designate the Senior Center for the use, or make no provisions for a severe weather shelter. The Senior Center was approved by the Hearings Officer as an acceptable site under a conditional use permit. Another issue is whether the facility should be made available under the existing policy or another scenario. The options include: 1. Allow IOS to operate from November through April on all evenings when temperatures are predicted to fall below 35 degrees for two or more consecutive days; and/or when snow or other weather conditions are deemed severe enough to present a substantial health risk to homeless persons. This severe weather policy has been implemented to include opening the shelter on rainy evenings. 2. Reduce the number of evenings open. 3. Revise the criteria for opening the shelter. 4. Operate the shelter every evening from November 1 to March 31. r 1 tY h f` . Honorable Mayor and City Council July 3, 1995 Page Three Another issue is whether or not our facilities will be impacted by the shortage of facilities and surrounding jurisdictions, including the City of Portland. IOS and the City have encouraged creation of a more regional approach to dealing with the problems of the homeless. We do need to be concerned that when the City of Portland loses available shelter facilities, there is a likelihood that more out-of-T igard users will choose to utilize our facilities. Should The Shelter Be Ooer ted At Either The Water Building Or The Senor Center Next Winter? - City staff feel the Water Department is a better alternative than the Senior Center Building, because of the lack of neighbor concerns associated with the Water Building. Steps should be taken to assure that the Water Building is available for other users when the shelter is not in use. This will require better scheduling and greater success in separating the shelter materials and costs from view. Summer Issues - During the Summer, staff will arrange to have the carpet in the auditorium cleaned. Further, cleaning may be necessary prior to the opening of the shelter after the Farmer's Market Saturday use is complete. It is also suggested that during the Summer months, IOS meet with Library staff and Police staff to discuss any potential issues related to the impact of the facility on Library and Police services. Some issues have been raised regarding the use of the Library during those hours that IOS homeless shelter and severe weather shelter are not in operation. In addition, Police personnel have raised some concerns about using the Water Building auditorium for training purposes shortly after the shelter is vacated after a night of use. In order to promote a harmonious relationship, IOS is willing to address any concerns. During the Summer, staff will also look out for indicators of any potential problems related to the homeless in the downtown area or elsewhere in the community. We will attempt to avoid a reoccurrence of some of the problems that existed on property on Main Street during the Summer of 1995. WAMAh attachment t=~ h:\1og1n\jo\wam0703.1 w , rca INTERFAITH OUTREACH SERVICE Year End Statistics Report Severe Weather Swelter 1994/95 Nights Open 71 individuals Served: Single Males 86 White 155 Single Females 24~ African American 7 Childless couples 34 Fispanic 9 Families 45 Asian/Pacific Island-6 Native American 3 Total individuals Served 189 Other 9 Total bednights 721 Unduplicated individuals served. 1 4 Stayed only one night........... 5 City of Orin Tigard 57 Multnomah County _41 Tuaiatm _i2 eieashkgton County _2.7 Beaverton 14 Clackamas County 1 Eidlsboro 8 Sherwood Other 29 Age Group 0-'' 6 22-30 57 - 3-4 _3 31-54 87 5 2 55-59 1 6-12 _9 60-74 1 13-17 2 75+ 18-21 21 Outcomes ' People enrolled in IOS Self Sufficiency Program. 0 Applied for subsidized housing People who had contact with IOS office regarding Self- Sufficiency 38 People into IOS shelter ..........................................................................13 i . Mign Kil- ' AGENDA ITEM # _ For Agenda of `7 /11-12L CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Appointment of a Councilor to the Historic Sites and Districts Committee PREPARED BY: Duane Roberts DEPT HEAD OK A CITY ADMIN OK ISSTL E BEFORE THE COUNCIL Should the mayor appoint a Councilor to the Historic Sites and Districts Committee as called for in the Community Development Code? STAFF RECOMMENDATION Staff recommends the mayor make the appointment. INFORMATION SUMMARY The Tigard-Tualatin School District is in the process of preparing a request to expand the new urham Elementary School building. The new school is located behind the old Durham School, ow known as iUbLe Durham Educational Complex. The old scnoul was designatcu as a local +.iowaav site in 1984. This site designation applies to the entire six-acre tax lot within which the school is located. The proposal to expand the new school does not include any alterations to the old school. However, because the new school is located on the same tax lot as the old school, approval of the proposed expansion by the Historic Sites and Districts Committee is required. Similarly, as a local historic site, the recently discussed demolition or external alteration of the Tigard Feed and Seed also will require Historic Sites and Districts Committee review. According to the Community Development Code, the Historic Sites and Districts Committee shall consist of one City Councilor, one Commission member, and one planning staff member, and be appointed each time an evaluation is required. Therefore, the appointment of a Councilor to serve on the Historic Committee for the purpose of reviewing the School District and Tigard Feed and Seed proposals is requested. OTHER ALTERNATIVES CONSIDERED None FISCAL NOTES The appointment will have no fiscal impact. Qu11ft-st.council ne 30, 1995 es r MEMORANDUM CITY OF TIGARD, OREGON TO: Tigard City Council FROM: Duane Roberts, Associate Planner s.1 DATE: June 29, 1995 SUBJECT: Tigard Feed and Seed The Tigard Feed and Seed building was designated as a local historic site in 1986. The designation is based on the building's association with a variety of colorful owners and its status as the only unaltered wood frame building on Main Street. According to the Community Development Code (section number 18.82), the demolition or external alteration of any City recognized historic structure requires review by the Historic Sites and District Committee. The relevant criteria to be used for the alteration review include: 40 1 The r»inr~ncn nV +ti+n l.+ 4-4, -n«1.+.. A40n y - 'ec" _r i rr ua yv~v - the .a~waav omlcty uao tail, as sell L'o 011 IL 17C(: t.lUll 18.82.010; 2. The provisions of the Tigard comprehensive plan; 3. The economic use of the structure in a historic overlay district and the reasonableness of the proposed alteration and their relationship to the public interest in the structure's of landmark's preservation or renovation; 4. The value and significant of the structure or landmark in an historic overlay district; 5. The physical condition of the structure or landmark in an historic overlay district; t 6. The general compatibility of exterior design, arrangement, proportion, detail, scale, color, texture, and materials proposed to be used with an existing structure in an historic overlay district; 7. Pertinent aesthetic factors as designated by the Hearings Officer; and t I 8 . Economic, social, environmental, and energy consequences related 170 to LCDC Gaol No. 5. (This so-called ESEE review is a local and not a state requirement.) The criteria to be used for the demolition review are: 1. The Tigard comprehensive plan; 2. The purpose of this chapter as set forth in Section 18.82.010; _ 8. The criteria used in the original designation of the district in which ; the property under consideration is situated; 4. The historical and architectural style, the general design, arrangement, materials of the structure in question, or its appurtenant fixtures; the relationship of such features to similar features of the other buildings within the district, and the position of the building or structure in relation to public rights-of-way, and to other buildings and structures in the area; 5. The effects of the proposed work upon the protection, enhancement, perpetuation, and use of the district which cause it to possess a special AVA character or special historical or aesthetic interest or value; 6. Whether denial of the permit will subject the City to potential liability, involve substantial hardship to the applicant, and whether issuance of the permit would act to the substantial detriment of the public welfare and would be contrary to the intent and purposes of this title; and d. The economic, social, environmental, and energy consequences related to LCDC Goal No. 5. (Again, this ESEE review is a local and not a state requirement.) Under either of these processes, the City would not be required to notify DLCD. The reason is that in performing an alteration or demolition review the city would be implementing an existing state-recognized ordinance and not amending the ordinance. An alternative method provided in the Code for dealing with the Feed and Seed Store's historic site designation would be to remove the designation. This would involve a much simpler city review process than that required under demolition or alteration. For example, a finding that the historic designation is causing the property owner. to bear an unfair economic burden by itself would be adequate justification for its removal. However, unlike alteration or demolition, removal of the designation would require DLCD notification. As a plan amendment action, the City n RM I'S .s would be required to provide DLCD 45 days notice of the date set for a hearing and, although not stated in the City Code, also would be required to go through, a goal 5 ESEE process, which would be subject to state approval. The Historic Overlay District Chapter of the Code does not directly address the proposed relocation of a historic building. Since the historic designation is an overlay applied to the tax lot, it is reasonable to conclude that the relocation of a building within the same lot would not require committee review. DLCD notification also would not be required in conjunction with a relocation as long as the City were not also proposing to take the building off its historic properties list. If the City decided to move the building onto a different tax lot, the overlay designation would need to be transferred from the old to the new log. DR/Ws* feed July 3, 1995