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City Council Minutes - 09/09/2003 COUNCIL MINUTES TIGARD CITY COUNCIL MEETING September 9, 2003 Mayor Griffith called the meeting to order at 5:33 p.m. Council Present: Mayor Griffith, Councilors Dirksen, Moore, Sherwood, and Wilson. • STUDY SESSION > Bull Mountain Communication Plan Discussion City of Tigard Assistant to the City Administrator Newton and Washington County Communications Officer Walt Peck introduced the "Completing our Community — Bull Mountain Annexation Plan — Communication Plan." For over 20 years, Washington County and its partner cities have recognized that neighborhood services are best provided by cities and special service districts. When services are developed and delivered locally they tend to be more responsive to community needs. The County and City of Tigard have taken a number of actions to move in this direction. Ms. Newton reviewed information developed in response to key questions. Community Development Director Hendryx reviewed the Communication Plan, including the citizen outreach tools (coffee talks, Focus on Tigard programs, Cityscape articles, community group presentations, website updates, e-mails, Community Connectors, telephone calls, etc.). Councilor members indicated that they each could attend one or more of the coffee talks. An important component will be to disseminate information to Bull Mountain residents and current City of Tigard residents. Council members were asked to forward potential contact names to assist with the communication efforts. Additional information to questions being asked was noted by the Council including: • Misconception that annexation will affect school boundaries. • Misconception that a change in land-use densities will occur if the area is annexed. • Between now and the proposed election date (March 9, 2003), develop some information about what could happen as a result of a positive vote for annexation; i.e., what could be done for parks? The next step will be to develop the communication tools. County and City staff anticipate this task could be completed by the end of September. Tigard City Council Meeting Minutes - September 9, 2003 Page 1 Council directed staff to keep moving forward with the development of the annexation plan. > Administrative Items — The following items were reviewed: o Bull Mountain Annexation Plan — Agenda Item No. 7 — No public testimony anticipated; however, people may sign in on the Visitor's Agenda to speak on this topic. o Ash Creek Estates — Hearing Continued — Agenda Item No. 8 — Council received a packet from Mr. Bob Storer as written public testimony; Mr. Storer signed up to speak at the last public hearing. He was unable to attend tonight's hearing and would like the written testimony to be entered into the record. Council discussed limitation on testimony by asking people to not repeat testimony and to direct testimony to the Municipal Code related issues. The goal is to conclude the meeting by 10 p.m. It was suggested that it be explained to the audience the criteria upon which the Council must make their decision; that the decision cannot be based upon how many people object. Council went into Executive Session at this time (6:50 p.m.) • EXECUTIVE SESSION: The Tigard City Council went into Executive Session to discuss current and pending litigation under ORS 192.660(1 )(h). Executive Session concluded at 7: 11 p.m. and Council resumed reviewing the following Administrative Items: o "White house" discussion — the white house on the property adjacent to the new library property was destroyed by fire. There was discussion on what could be done at this location including building a park-like open shelter. It's possible the City could plant some trees for a street-noise buffer. More information will be available next week. The large tree in front of the home appears to be "in trouble" and, if that's the case, some mitigation action may be necessary. o Tour of Library Site — Saturday, September 20, 9 a.m. — Council declined the offer for a tour at this time, preferring to wait until the building is farther along. o League of Oregon Cities 2003 Legislative Briefing — Nearest one will be held at Beaverton Council Chambers on Thursday, October 16, 9 a.m. — 1 p.m. Council members will contact staff if they decide to attend. o Tigard Blast Parade — September 13, 2003 — If riding in the parade, meet at St. Anthony's School parking lot at 9:30 a.m. Parade starts at 10 a.m. Dave Owen of Tigard Central Business District Association plans to appear as a visitor during the business meeting tonight. Mayor Griffith and Councilors Dirksen, Sherwood and Wilson will ride in the parade. o Balloon Festival Meeting — Wednesday, September 10, 10:30 a.m. — Chamber of Commerce — Pearson Room. There was brief discussion on this meeting to be held tomorrow. There is discussion underway about forming a new nonprofit organization to organize the event. Financial information is needed from the current organization. Councilor Sherwood and City Manager Monahan attended the last meeting and plan Tigard City Council Meeting Minutes - September 9, 2003 Page 2 to attend the September 10 meeting. Councilor Moore has also been in contact with Balloon Festival Organizer Bruce Ellis. o Update on Tualatin River Pedestrian Bridge — Tualatin accepted Tigard's offer to match the Federal funds for this bridge project by a "contribution of resources" method. Tigard would contribute $230,000 (57.5%), Tualatin $160,000 (40%), and the City of Durham would be asked to contribute $10,000 (2.5%). o City Attorney Review — Scheduled for the October 14, 2003, Study Session — Information needed from attorney's office or from City staff? No information was requested. Study Session concluded at 7:26 p.m. 1. BUSINESS MEETING 1.1 Call to Order -- Mayor Griffith called the City Council & Local Contract Review Board meeting to order at 7:35 p.m. 1.2 Roll Call: Mayor Griffith; Councilors Dirksen, Moore, Sherwood, and Wilson. 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports - None 1.5 Call to Council and Staff for Non-Agenda Items - None 2. PROCLAMATIONS — Mayor Griffith proclaimed the following: 2.1 Proclaim the Week of September 29, 2003, as Race Equality Week 2.2 Proclaim October as Disability Employment Awareness Month 3. VISITOR'S AGENDA • Tigard High School Student Envoy Angela Jensen presented her first report of the school year to the City Council. She reviewed the upcoming activities noting that Homecoming Week is September 29 — October 4. • Tigard Area Chamber of Commerce President Dan Murphy reviewed the upcoming activities sponsored by the Chamber of Commerce including the golf tournament for which sign-ups are going extremely well. The Chamber will be holding a trade show at the Tigard Blast on Main Street on Saturday, September 13 and also will be selling Krispy Kreme doughnuts. • Dave Owen representing the organizers of the Tigard Blast distributed a flyer, "Cruisin the Tigard Blast." The event's activities include a pancake feed, parade, cash poker run, prize poker walk, music and other fun events. The event is scheduled from 7:30 a.m. — 6 p.m. on Saturday, September 13. • Stuart Byron noted he was present during the Communication Plan discussion regarding the Bull Mountain Annexation Plan. He said the plan needs to include more open public forums. He noted that he does not receive the Cityscape now. In addition, he said the plan's timeline is too aggressive. Tigard City Council Meeting Minutes - September 9, 2003 Page 3 City Manager Monahan advised that the Cityscape mailing routes will be expanded so Bull Mountain residents within the area identified in the annexation plan will receive Cityscape newsletters. 4. CONSENT AGENDA: Motion by Councilor Moore, seconded by Councilor Sherwood, to approve the Consent Agenda as follows: 4.1 Approve Council Minutes for July 29 and August 5, 2003 4.2 Receive and File: a. Council Calendar b. Tentative Agenda 4.3 Approve an Intergovernmental Agreement with Tigard-Tualatin School District to Allow a Three Million Gallon Water Reservoir to be Constructed on School District Property and Authorize the City Manager to Sign the Agreement 4.4 Approve Budget Amendment No. 2 to the FY 2003-04 Budget to Transfer Funds from the General Fund Contingency to Pay Tigard's Share of the COPS More Crime Analysis Project — Resolution No. 03 — 34 The motion passed by a unanimous vote of Council present: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes 5. UPDATE ON THE LIBRARY SUMMER READING ACTIVITIES Library Director Barnes presented this update. The theme this year for Summer Reading was "READ! DISCOVER! EXPLORE! Many families made weekly visits to the library all summer. Throughout the summer, the Library offered a series of special events and programs for children and teens. Several of these programs were held in Fanno Creek Park behind the Library. The staff made efforts this year to visit summer camps to promote the Summer Reading Program to children at various locations. This year, 984 young people registered for Summer Reading and 375 completed the program. This is 37% completion rate. 1,951 people attended the many different programs making this a memorable Summer Reading program for the young people of our community. 6. UPDATE ON THE NEW TIGARD LIBRARY Tigard City Council Meeting Minutes - September 9, 2003 Page 4 Library Director Barnes presented this update. On May 21, 2002, Tigard voters passed a $13 million bond measure for the construction of a new library of approximately 47,000 square feet. This amount will pay for land acquisition, the design, construction and furnishing of the new library, parking and related street improvements. The site of the new library is a 14.7-acre property located along Hall Boulevard near O'Mara Street. The library building and parking will occupy about 5 acres of the site. The focus of this monthly update was to inform the Council on the progress of the new library during its first two months of construction. PowerPoint slides were presented showing the progress of construction on the site. In addition, the public can learn more by: ➢ Visiting the new library website: www.ci.tigard.or.us/library/new library ➢ Reading the Hard Hat Report in the Cityscape ➢ Check out the displays in the library and the Farmer's Market ➢ Contacting Paula Walker at paula@ci.tigard.or.us or call 503-684- 6537, x2508. Ms. Barnes also reviewed fundraising activities, including: ➢ Friends of the Library Book Sale, September 19-20 ➢ Building Bucks with Borders, September 25-28 ➢ Bricks for Books ➢ Change Your Library (spare change container at the Library) 7. CONSIDER DIRECTING CITY OF TIGARD STAFF TO PREPARE AN ANNEXATION PLAN FOR THE BULL MOUNTAIN AREA FOR THE CITY COUNCIL'S CONSIDERATION Community Development Director Hendryx reviewed this agenda item. He noted that if the Council adopted the proposed resolution, staff would be directed to prepare an annexation plan in coordination with Washington County for a possible March 9, 2004, ballot. A public hearing on the annexation plan would tentatively occur on December 2, 2003, where Council would accept public testimony, take action on the annexation plan and, if approved, place the issue before voters on March 91 2004 or a subsequent election date. Councilor Dirksen noted that annexation of this area has been talked about for a number of years. Motion by Councilor Wilson, seconded by Councilor Dirksen, to adopt Resolution No. 03-35. Tigard City Council Meeting Minutes - September 9, 2003 Page 5 RESOLUTION NO. 03-35 - A RESOLUTION DIRECTING STAFF TO PREPARE AN ANNEXATION PLAN FOR THE UNINCORPORATED BULL MOUNTAIN AREA FOR COUNCIL'S CONSIDERATION. The motion passed by a unanimous vote of Council present: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes 8. CONTINUATION OF QUASI-JUDICIAL PUBLIC HEARING — CONSIDER THE APPEAL OF THE PLANNING COMMISSION'S DENIAL OF ASH CREEK ESTATES PLANNED DEVELOPMENT SUBDIVISION (SUB2003- 00010/PDR2003-0004/ZON2003-00003/SLR2003-00005/VAR2003- 00036/VAR2003-0003 7) ITEM ON APPEAL: On July 7", 2003, the Tigard Planning Commission held a public hearing to consider an application to Subdivide 9.36 acres for a 29-lot single- family detached housing Planned Development Subdivision; Sensitive Lands Review for areas with steep (>25%) slopes, a drainage way and wetlands and; adjustments to the cul-de-sac length standard, maximum number of units permitted on a cul-de-sac, and to the street grade on SW 74`'Avenue. The Planning Commission moved to deny the applications which failed in a 4-4 tie vote, then moved to approve the applications, which also failed in a 4-4 tie vote. Based on the Commission's by-laws and Robert's Rules of Order, without a majority affirmative vote, the application is denied. Since no motion was approved, no findings in support or against the application were adopted. The City Council is therefore, essentially rehearing this application to make a final determination as to whether or not it meets the relevant criteria of the Development Code. LOCATION: 9750 SW 74`' Avenue; WCTM IS125DC, Tax Lots 300 and 400. ZONE: R-4.5: Low-Density Residential District. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.350, 18.370, 18.380, 18.390, 18.430, 18.510, 18.705, 18.715, 18.725, 18.745, 18.755, 18.7651 18.7901 18.795 and 18.810. a. Mayor Griffith continued the public hearing from August 12, 2003. b. Declarations or Challenges: Mayor Griffith reviewed the following: Tigard City Council Meeting Minutes - September 9, 2003 Page 6 Do any members of Council wish to report any ex parte contact or information gained outside the hearing, including any site visits? No ex parte contact was reported. - Have all members familiarized themselves with the application? Council 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. C. Staff Report: The staff report was presented by Planning Manager Dick Bewersdorff, who responded to the questions posed at the hearing opened on August 12. Mr. Bewersdorff reviewed background and summarized responses to issues raised at the previous hearing. The staff report is on file with the City Recorder and contains a summary of the process on this appeal to date; an August 29, 2003, memorandum from Associate Planner Morgan Tracy responding to issues raised regarding Ash Creek Estates; additional testimony and evidence received at and since the August 12, 2003, City Council hearing; prior written testimony received for the August 12, 2003, City Council hearing. An unidentified member of audience interrupted the staff report asking if the report being made by Mr. Bewersdorff was rebuttal. City Attorney Ramis advised this was not rebuttal, but clarification of issues raised from earlier testimony. A September 9, 2003, memorandum from Engineering Manager Brian Rager, was distributed to the Mayor and Council. Mr. Rager's memo is on file with the City Recorder and addresses additional questions with regard to the construction of a culvert across 74' Avenue and a new condition to address the question of sight distance on 74' Avenue as it may be impacted by the existing retaining wall on the property immediately north of the site. Council received a copy of a September 25, 2003, letter from the Oregon Department of Forestry, addressed to Patty Lunsford of the City of Tigard. This letter explained ORS 527.722 declaring that the Oregon Forest Practices Act applies outside urban growth boundaries unless a local government has adopted a local forest practice ordinance. As of January 1993, the Department of Forestry no longer administered the Forest Practices Act within the city limits of Tigard. Council asked questions about the tree mitigation plan, required Clean Water Services (CWS) setbacks for sensitive lands and vegetation and Tigard City Council Meeting Minutes - September 9, 2003 Page 7 whether there is a process to appeal the requirements by Clean Water Services. Staff advised it was beyond the authority to impose buffers more than the requirements of CWS. Clean Water Services Provider Letter #2819 establishes the specific buffers for this project. City Attorney Ramis advised that a letter from CWS should be considered as a piece of evidence, but it is not the ultimate defining item for a decision on this matter. The Council needs to make a decision based on all the facts. d. Public Testimony Mayor Griffith read the following: For all those wishing to testify, please be aware that failure to raise an issue accompanied by statements or evidence sufficient to afford the Council and parties 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 described by staff or other criteria in the plan or land use regulation which you believe apply to the decision. The Mayor talked to the audience noting the Council must consider this application based on the criteria; the decision cannot be made on whether or not the Council likes what is being proposed. He asked people to limit their testimony and not be duplicative in their remarks. Proponents (spoke at the August 12, 2003 meeting) Opponents • Terry Crawford, 7100 SW Ventura Drive, Tigard, OR 97223, said he was concerned that speeding had not been addressed. The impacts have not been adequately studied. People will gravitate to the shortest and quickest route. He said the traffic impacts would be significant and referred to statistics from studies about increased traffic flow and the correlating numbers from the increased traffic that would exceed the speed limits. He suggested the developer be required to pay for speed humps. Mr. Crawford submitted a small map illustrating which residents in the area wanted or did not want speed humps. • Warren Aney, 9403 SW 74' Avenue, Tigard, OR 97223, distributed a letter containing the main points of his testimony. A copy of Mr. Aney's letter is on file with the City Recorder. Mr. Tigard City Council Meeting Minutes - September 9, 2003 Page 8 Aney supports the idea of basic constraints on land use development; outlined that natural amenities need to be considered, and that the proposed development should do a better job of minimizing or mitigating its adverse effects on several environmental values (trees, wildlife, steam water quality and stream discharge patterns). Mr. Aney advised the adverse affects were related to density and that the development should be held to the low density residential district standards contained in the Community Development Code. In response to a question from Mayor Griffith about density, Mr. Bewersdorff responded that the minimum density for this application was 20 units and the maximum is 31 . The applicant was proposing 29. He reviewed the density transfer allowed. He noted the applicant needs to convince the City Council of the merits of this proposal for the standards that are not defined (i.e., the tree plan). • Bob Ward, 7162 SW Barbara Lane, Tigard, OR 97223, distributed written information to the Council. A copy of Mr. Ward's information is on file with the City Recorder. Mr. Ward's concerns included the ability of the developer to find ways to go around the Code requirements. He noted that he was against "densification." Mr. Ward also submitted information about lot sizes of properties adjacent to the proposed subdivision, which average 9,130 square feet and the proposed development's lots average 6,750 square feet. Mr. Ward said that Clean Water Services did not make an on site visit and only inspected the proposed development at the request of concerned citizens. Additional points brought out by Mr. Ward included statements that the cul de sac design was erroneous and flawed. He referred to concerns about drainage, inadequate traffic impact studies, setbacks, planter strip, streets not meeting City standards, solid waste flawed, lot depth, and undersized lot frontage. Mr. Ward stated that "...the Ash Creek Estates Development is asking for many significant variances which serve no benefit to the community or the development. The variances only result in the ability of the developer to increase profits. But once the developer is done, the community is left with the aftermath." Tigard City Council Meeting Minutes - September 9, 2003 Page 9 • Jim Monroe, 7005 SW Ventura Drive, Tigard, Oregon, testified that he would like to see the area preserved as much as possible. He said that construction of large homes on small lots will ruin the character of the neighborhood. He noted his concerns about safety should trees be damaged and then fall. Removal of the trees would affect the quality of the environment. He noted concerns about the disposal of storm water to which Engineering Manger Rager explained the onsite detention and water quality requirements which would hold back water so the flow would not increase. Mr. Monroe asserted that with more houses built, the runoff would increase. (Note: Kathy Meads and Dr. William Iron were signed in on the testimony sheets brought forward from the August 12 meeting; however, they were not present at this meeting.) • Marilyn Strum, 9475 SW 74" Avenue, Tigard, Oregon testified she had lived at this location for 41 years. She noted the development activity including Washington Square and housing, yet no parks or sidewalks had been provided. She said the traffic has increased tremendously. She said Mr. Senn had wanted this property to be developed uniquely. (Note: Bill Dwyer was signed in on the testimony sheets brought forward from the August 12 meeting; however, he was not present at this meeting.) • Kathleen Allen, 9810 SW Ventura Court, Tigard, Oregon declined to testify. She noted her agreement with testimony by Mr. Crawford. (Note: Linda Cullison was signed in on the testimony sheets, but did not testify.) • Garald Cullison, 9815 SW Ventura Court, Tigard, Oregon noted concerns about the traffic impact and decreased quality of life. He also advised that it appears the R-4 rules are being bent for profitability. In response to a question from Mayor Griffith, Engineering Manager Rager advised that a 3/4 street improvement was being required along 74`'' • Richard Allegretto, 7108 SW Barbara Lane, Tigard Oregon testified in opposition to the applications for most of the reasons Tigard City Council Meeting Minutes - September 9, 2003 Page 10 stated above. He said he did not understand how the density requirements for this area could change. Councilor Wilson and Planning Manager Bewersdorff reviewed the provisions for a Planned Development, which allows flexibility to vary lots sizes if certain conditions are met for "difficult sites." The rules are not being "bent"; three specific adjustments were being requested and it must be determined if the criteria has been met. • Brian Wegner had signed in to testify at the August 12 meeting; however, he was not present at this meeting. A letter of testimony dated August 12, 2003, from Mr. Wegner on Tualatin Riverkeepers stationery was submitted into the record and is on file with the City Recorder. • Patricia Leonard, Tigard, Oregon declined to speak. • Michael Trigoboff, Tigard, Oregon testified and presented a written outline of his testimony, which is on file with the City Recorder. He noted issues with the developer's proposal for setbacks for wetlands and sensitive lands, and had concerns about the geotech study provided by the applicant with regard to steep slopes and the measurements. Mr. Trigoboff also noted concerns about runoff and said that the stream would be impacted with additional water and "degraded" water. • Bob Storer, 7225 SW Ventura Drive was not able to attend this meeting. He submitted a packet of information for the Council to review and it is on file with the City Recorder. • Nancy Tracy, 7310 SW Pine Street, Portland, Oregon was not in attendance. • Ronald Hobbs, 7205 SW Ventura Drive, Tigard, Oregon noted concerns about sink holes and described problems he has had with runoff. He thinks this subdivision would add to the problems with sink holes. He said he agreed with Mr. Ward's comments about lot sizes. • John Goodding, 7925 SW Hemlock Street, Portland, Oregon, advised he purchased this property in 1955 and at that time, one could not build near the creek or floodplain. Mr. Goodding Tigard City Council Meeting Minutes - September 9, 2003 Page 1 1 recounted the issues he has noted over the years with flooding and how it has impacted his property. He noted his agreement with Mr. Frewing's earlier testimony regarding the flaws in the report concerning drainage. Mr. Goodding disagreed that the retention pond would stop additional flow downstream. He said that the speed and flow of the water over the years has increased significantly and that while he is located 175 feet from the creek, the water will sometimes come very close to his property. He noted his disagreement to the statements about the topography and the steep slopes. He said he was concerned about any clearcut on the applicant's property. He referenced City of Tigard information about developing in the floodplain. He disagreed with the staff report statement that the granting of the requested adjustment would not be injurious. Mr. Goodding also disagreed with the staff report's representation about erosion and ground instability. Mr. Goodding said this was not good planning, disagreed with many of the "facts" presented, and recommended that this property be made a park. • Barbara Talbot's name was on the sign-in sheet carried forward from the August 12, 2003, meeting; however, she was not present at this meeting. • Don Manghelli's name was on the sign-in sheet carried forward from the August 12, 2003, meeting; however, he was not present at this meeting. • Sue Beilke, 11755 SW 114"' Place, Tigard, OR 97223, testified in opposition to the proposed application. She noted the past efforts of the neighbors to purchase this property to protect this natural resource and requested another opportunity for another attempt to purchase this site and protect it for future generations. A written copy of the highlights of Ms. Bielke's comments is on file with the City Recorder. Meeting recessed at 10:06 p.m. Meeting reconvened at 10:10 p.m. • Sandra Savage, 7301 SW Barbara Lane, Tigard, Oregon advised she built a home on her property, managed to save all the trees and also planted additional trees. A written copy of Ms. Savage's testimony is on file with the City Recorder as well as reference materials referred to throughout her testimony with regard to water detention Tigard City Council Meeting Minutes - September 9, 2003 Page 12 facilities, water gardens as storm water infrastructure in Portland, Oregon, and water sensitive planning and design. She noted support for saving trees within the development and her concerns for the plant life. She also noted issue with Clean Water Services issuing approval without benefit of a topographical map. • Carol Paddock, 5001 N.E. Mineral Springs, McMinnville, OR testified in opposition. A written copy of the highlights of Ms. Paddock's testimony is on file with the City Recorder. Ms. Paddock's concerns were with solar access and she submitted information on the Western Red Cedar. Ms. Paddock also submitted photos showing landslides that occurred in an area in McMinnville after a clearcut. She said she was astonished that the City of Tigard would accept erroneous work from Clean Water Services. • Mike Shkolnik, 7025 SW Ventura, Tigard, Oregon, advised of his concerns with the variances requested; specifically, for the lots sizes, which he said appears to effectively change the zoning. Planning Manager Bewersdorff and Councilor Wilson explained the Planned Development process and how criteria must be met in all areas. The approval criteria were listed in the staff report and was also stated at the beginning of the hearing. Planned Development allows for a mixture of lot sizes and Mr. Bewersdorff disagreed with Mr. Shklonik's concern that this would represent rezoning if approved. Mr. Shkolnik opposed the application noting the lot sizes proposed in the development would be detrimental to the area. The developers, he said, could build 23 homes and would not need to get a variance, and he questioned why a variance request should be considered and suggested the developers be told to present a plan for 23 homes. Neutral • Jack Morrison's name was on the sign-in sheet carried forward from the August 12, 2003, meeting; however, he was not present at this meeting. • Jack Lyon, 7501 SW Landau, Tigard, Oregon, referred to the Mayor's opening statements and noted agreement. He said, "I applaud your patience." Rebuttal Tigard City Council Meeting Minutes - September 9, 2003 Page 13 City Manager made a note that the following new information was being distributed to the City Council. This information is on file with the City Recorder: 1 . A September 3, 2003, letter to Morgan Tracy from Steve Kay of Kurahashi and Associates. 2. A September 9, 2003, letter from Greg Kurahashi 3. From Walter Knapp (9/9/03) — Ash Creek Estates Tree Species Composition 4. A September 9, 2003, letter from Steve Wolfe of Waste Management of Oregon-Washington County. Greg Kurahashi of Kurahashi and Associates introduced himself. His firm performed the civil engineering and planning for this project. He introduced Walter Knapp, the certified arborist, who worked on the project. Tree Issue — Mr. Walter Knapp, 7615 SW Dunsmear, Beaverton, Oregon referred to a handout (No. 3 referred to above). He noted the stand of timber on the property is beautiful and also has some characteristics that have been misrepresented. Sixty percent of the species in the stand are Western Red Cedar; the remaining forty percent are comprised of other species including Douglas Fir and various hardwood species. The Society of American Foresters defines a "pure stand" as "composed principally of one species, conventionally, at least eighty percent based on numbers, basal area, or volumes." Therefore, this stand is a mixed stand, which is common for Western Red Cedar. There are patches within the stand that are pure Western Red Cedar, but there is not a pure stand. The species itself is not rare in this area. It is the only Cedar that occurs within the greater metropolitan area as a natural species. Mr. Knapp said that at the first portion of the appeal hearing, it was pointed out that the upper portion of the site has been logged. Mr. Knapp referred to a map, a "Tree Preservation Plan." He described which trees would be cut and those that would remain. Mr. Knapp referred to the Tree Species Composition handout, which delineated the tree species composition by topographic position. There are a total of 22 trees that are 36 inches or larger; 15 of those will not be cut. Mr. Knapp said there are no plans to clear cut. Tigard City Council Meeting Minutes - September 9, 2003 Page 14 Mr. Knapp then repeated the presentation on the tree plan with the tree plan map repositioned so the public could view the plan. Councilor Dirksen asked about Mr. Frewing's concern that sensitive lands and vegetative setbacks were not being observed. Mr. Kurahashi noted that the first submittal was completely by the applicant on the site. After that, there was a meeting with Clean Water Services on the site to define where the setbacks were. Mr. Kurahashi explained that he first made a topographic map of the whole site, showing where all of the trees were located. He explained how the trees could affect the overall grade of the site; therefore, this might not result in a completely accurate topographical representation of the whole area. A topographic map was sent to Clean Water Services. However, the grading and slope measurements were not used off of that map. Mr. Kurahashi explained how they went to the site and performed digital measurements and were able to determine the grade. After they took the measurements in a number of representative areas, they staked the property. They made more measurements than was required by the Code. At this point, Heidi Burke of Clean Water Services, was not able to inspect the property and Ms. Burke made her decision based on what Kurahashi and Associates had given her. People in opposition to the project sent information to CWS. It was then that Collin MacLaren from CWS visited the site and looked at the stakes and reviewed how the measurements were taken. Mr. Kurahashi said he had expected a letter from CWS agreeing with the topographic/slope information shown by Kurahashi and Associates. However, no letter had yet been received. In response to a question from Councilor Dirksen, Mr. Kurahashi said the measurements matched what had initially been shown in the topographical drawings. Mr. Kurahashi then reviewed for rebuttal, comments from the public: • Storm detention has been provided on the site. Mr. Kurahashi reviewed the capacity of the storm detention systems. • Mr. Kurahashi described the provisions for water quality for storm water runoff as well as the wastewater management system. • Mr. Kurahashi explained why a culvert was selected rather than a bridge. Tigard City Council Meeting Minutes - September 9, 2003 Page 15 • Mr. Kurahashi referred to his September 9, 2003, letter to the City Council to address the community members' concerns regarding tree preservation and property owners' privacy. The applicant will install an evergreen hedge of Leyland Cypress along the northern property line of Lots 1-10 and the eastern property line of Lots 10-12. Item No. 2 in this letter said that the applicant will not cut any healthy trees within the designated open space tract. Furthermore, the applicant shall not cut any healthy trees in the tree preservation areas of Lots 1-18, which shall be defined as the area at least 15 feet from the rear of the building footprints. However, if an arborist determines that trees in these areas are dead, diseased, or pose a safety hazard, then the applicant shall remove affected trees from those areas. • Mr. Kurashashi referred to the issues of traffic exceeding the speed limits on Ventura Drive. He acknowledged that speeding is a problem everywhere, but it should not be used as a reason to disapprove this development. He also said that there will be more traffic on Ventura until such time 74`h Avenue goes through with future development. • Mr. Kurahashi referred to a comment from an opponent regarding the tree ordinance and saving trees. He referred to the tree cutting that was allowable on the site. • Mr. Kurahashi referred to a comment on density transfer. The City of Tigard is no different than all the other jurisdictions, which all allow density transfer and have a planned development process. Washington County also has a direct density transfer (wetlands, trees, floodplains, sensitive areas) where you can take the full amount of the density and transfer it. The applicant is requesting a transfer within the limits allowed by the Code. He noted how houses can be clustered in small areas and then the rest of the site can be left as open space. He noted he believed the applicant's proposal is a good compromise advising the applicant has not requested the maximum density that could be allowed. • Mr. Kurahashi referred to Mr. Warren Aney's comments. He noted he had already explained density transfers. • Mr. Kurahashi referred to Robert Ward's comments regarding grades and slopes. He noted he had already discussed what the Tigard City Council Meeting Minutes - September 9, 2003 Page 16 situation is with grades and slopes. He said there was a comment made regarding cul de sac lengths and said that they had developed a cul de sac that is much longer than the standards because of the limitations of the areas. On one side there is a buffered area that cannot be accessed to develop connectivity. On the other side, there are lots developed by Washington Park Estates that do not provide any access. • Mr. Kurahashi referred to testimony on solar ordinances. Roads are developed to accommodate solar access unless limited by constraints of the site. • Mr. Kurahashi advised he had already answered the questions on storm detention and water quality. • Mr. Kurahashi referred to the testimony regarding sink holes. He explained sink holes are occurring because water is getting under the ground and travels to a point where it starts to wash sediment out. Also sink holes occur when water comes from an upland source that is moving through the area and draws the material down from the surface. This happens when the area has not been filled properly. He described how they would be required to prepare and fill the land to remove the possibility of water causing slides and moving dirt. He said there has been 25-30 years of development without detention systems, which probably is why some problems were being experienced in this area. New requirements are very strict with regard to detaining water. • Mr. Kurahashi referred to a comment from an opponent regarding the fact that detention doesn't work. He noted that it is true that this is a problem in any metropolitan area because the creeks themselves have to take water for a longer period time at whatever storm rate occurs. He noted that he is using the CWS requirements. • Mr. Kurahashi said he did not know whether Heidi Burke of CWS visited the site and whether she actually said that this is a "pristine" site. • Mr. Kurahashi referred to comments from the opponents with regard to erosion. He said that pictures submitted were from a site that had been clear cut or where a large amount of dirt had Tigard City Council Meeting Minutes - September 9, 2003 Page 17 been moved around. Erosion control measures must meet CWS requirements. • Mr. Kurahashi commented on the orientation of the streets and said that in this case the streets cannot be laid out in a north/south direction. • Mr. Kurahashi noted there were comments that conflicted on whether or not 74"' Avenue should be connected. He said the burden of the traffic load should be shared and 74`' Avenue should be connected to get some of the traffic load off of Ventura Drive. • Mr. Kurahashi referred to a comment regarding the issue of grouping the houses. He said that from a planned development standpoint, the applicant has met the requirements. Mr. Dale Richards of Windwood Construction also represented the applicant. Mr. Richards said that most of the technical information had been addressed by Mr. Kurahashi. A conscious effort has been made to comply with all of the Development Codes. The owner of the property has been there since 1952 and has managed their wood lot well. It is not a native stand of forest and there is a valid logging permit in place through the end of the year with a year extension available. They have verified with the Division State Lands (DSL) that wetlands buffers comply with their codes. They must comply with the CWS buffer line that was established by CWS at DSL. An unidentified member from the audience asked if the City would be responsible for the ponds if they silted up. Mr. Kurahashi responded that the City would be responsible. He also described the water quality manholes that would capture the normal silt. He also described how maintenance could be performed to remove silt from ponds. Project Engineer Rager clarified that there is a maintenance period for water quality detention facilities. The maintenance period is usually for one to three years which means that the developer would be "on the hook" to maintain the facility for up to three years. This is done because the City wants to make sure the vegetation is established and living. Also, often within the first year or two after construction begins, this is when the heaviest sediment occurs. Before the City takes over the facilities, staff makes sure the vegetation is established and that any silt that has collected has been removed. As far as long-term maintenance, yes, Tigard City Council Meeting Minutes - September 9, 2003 Page 18 once the City takes over silt removal will be done as a regular maintenance activity by the City. e. Staff Recommendation Planning Manager Bewersdorff acknowledged the review of this application was a challenge. He referred to what the Planning Commission "went through" and the viewpoints of the property owners and developer. Mr. Bewersdorff listed the options available to the Council: 1. Approve 2. Approve with conditions 3. Deny An area of discretion which Mr. Bewersdorff said he did not think had been addressed was whether or not the trees had been maintained to the maximum extent possible. This is a judgment call and based on the applicant's proposal, they have provided as much tree maintenance as possible. In some cases, the Council could require houses architecturally designed to save as many trees as possible; however, this is not a practice in the Tigard Code nor is it required by the Tigard Code. Approval with conditions requires meeting CWS requirements, DSL requirements, Corps of Engineers requirements, and forestry requirements. Based on those conditions, it appears that the preponderance of evidence shows that the applicant meets the Code. f. Mayor Griffith closed the public hearing. g. Council consideration: • Councilor Dirksen noted that he came to the hearing tonight with a couple of concerns. After all of the discussion and testimony, he said he feels comfortable that his concerns have been answered. He said his major concern was regarding CWS's setback feedback. Councilor Dirksen asked the City Attorney if people object to CWS's approval, could they appeal CWS's decision regarding the developer's setback? City Attorney Ramis said he did not know the answer to this question. If CWS rendered a decision that was a land use decision and if they did not give notice of the decision, there may be still be an opportunity to appeal to the Land Use Board of Appeals. Councilor Dirksen said that it was his understanding of the City's Code requirements that CWS must give their approval. So, if there is a Tigard City Council Meeting Minutes - September 9, 2003 Page 19 problem with the CWS decision, then that issue must be taken up with them. The developer's representative responded to this issue completely. Councilor Dirksen noted that this was a difficult site and agreed that it would be nice to have a park there. He said apparently there was no money available to purchase this property for a park. The owners of this property are allowed to develop and do with the property as they wish within the Code requirements. The Council's job is to determine whether or not they have met the Code requirements. Councilor Dirksen said that he believes the applicant has met the requirements. In fact, he said he thought the developer had done a very a good job of turning a very difficult site into something that can be very nice. The developer has done a good job of maximizing its potential while attempting to provide as much protection as possible. Councilor Dirksen said he would support the application. • Councilor Sherwood advised that there are parts of the Code that she did not like. She said she did not like the density bonus and, at the same time, people have built in this area — all the way around this property. She said that she was sure that Mrs. Senn did not like it when all of those lots went in around her and suddenly she had water pouring onto her property including having the stream pushed onto her property. Councilor Sherwood said she did not care for the lot size averaging for the development; but it is in the Code. She said that she was comfortable with the application. • Councilor Wilson commented that some may remember that about 10 or 12 years ago, there was an election concerning Metro, our regional government. Prior to that time, Metro councilors were appointed by the Governor. This election was about Home Rule. If Metro's Charter was established, we would be able to vote for our Metro councilors rather than have them appointed in Salem — at least that was how it was advertised. What was missing in the fine print was the fact that the election essentially transferred power for development decisions from local cities to Metro. The cities still administer permits such as this one, but the cities essentially have no power to regulate as they please. Metro's rules "trumps" all. Prior to being elected to the Council, Councilor Wilson said he was on the Planning Commission for seven years. He noted that Mayor Griffith and Councilor Moore also served on the Planning Commission. Shortly after Councilor Wilson started on the Planning Commission, Metro began developing their Framework Plan for the whole region. They looked at three different Tigard City Council Meeting Minutes - September 9, 2003 Page 20 options including a fourth option, which was the "base case." The "base case" was essentially "how would we grow as a region if we just continued as we had been for the prior 30 years; i.e., low-density suburban development. They looked at the three other options with varying degrees of density from moderately higher density all the way up to very high density. At the time, Metro adopted something more extremely dense than even their highest-dense proposal. Councilor Wilson said he remembers being appalled at the time. When Metro was considering these different options, Metro representatives went to citizens and conducted polls. They posed questions such as: "Would you rather build on farm land or would you rather preserve it?" That was a false choice. The real choice is, "Would you rather build on farm land, or would you rather build on the last remaining greenspaces in your neighborhoods?" Councilor Wilson said Metro made this decision several years ago. Right now, we are living with those consequences. As appalling as it is, this was a choice that we all made as a region. Because we did not all speak up against it then, we are living with it now. Over the years, during his service on the Planning Commission, he and the Mayor and Councilor Moore watched as these developments became denser and denser and denser. "We have lost our backyards, we're living in row houses, and we're piled up on top of each other." This was a conscious regional choice. Councilor Wilson said that as much as he does not like this development, it actually does meet Tigard's Code in every respect that he could see. "The rules have been established and we have to live with them now, and that's unfortunate." • Councilor Dirksen indicated his agreement with Councilor Wilson's remarks. • Councilor Moore commented on the tremendous amount of growth that has occurred for over the last 25 years. He said that, basically, he was satisfied that the Code requirements had been met. While it probably would have been better for this property to remain as greenspaces, it didn't "pan out that way." He noted that a lot of property has been lost to development because we cannot keep up with "their pocketbooks." Based on the fact that the Code requirements have been met, he would go along in approving this application. • Mayor Griffith said that at least a good portion of this property "will still be intact." Metro's guidelines will be complied with and he saw no other way of "working away from it." He noted a lot of large trees Tigard City Council Meeting Minutes - September 9, 2003 Page 21 would be saved and the property owner will have the rights of his ownership. Mayor Griffith said he was concerned about the traffic impact to the area. He agrees with the people who testified that there will be some traffic problems. h. Motion by Councilor Dirksen for approval of the application. Planning Manager Bewersdorff said Council may want to ask the applicant to prepare the findings for the Council review. Councilor Dirksen amended the motion to comply with City Attorney Ramis' recommendation that the vote this evening be for a tentative decision of approval requesting the applicant to submit findings that the Council would then review for a final decision. Councilor Dirksen indicated he would further amend his motion when Councilor Wilson noted the staff recommendation for Condition 1 1 N., "Sight Distance certification at the new intersection with 74' Avenue. The applicant shall show proof that they have obtained the necessary easement for their proposed retaining wall." Planning Manager Bewersdorff commented that another condition would be eliminated that was prior to this condition. Councilor Sherwood seconded the motion. Mayor Griffith asked the City Recorder to call the roll to record the votes on the motion. The motion was approved by a unanimous vote of Council present: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes The applicant will submit findings for Council consideration at the October 28, 2003, Council meeting. 9. COUNCIL LIAISON REPORTS: None 10. NON AGENDA ITEMS: None Tigard City Council Meeting Minutes - September 9, 2003 Page 22 11. EXECUTIVE SESSION: Not held 12. ADJOURNMENT: 12:02 a.m. 01 Catherine Wheatley, City Kecorder Attest: Kayejof Craig E. Dirksen, Council President Date: 1 D , i 44 . o. i ladm\cathy�ccm\2003\030909.dw Tigard City Council Meeting Minutes - September 9, 2003 Page 23