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Planning Commission Packet - 10/19/1976 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm. The following document is a copy of the microfilm record converted back to digital. If you have questions please contact City of Tigard Records Department. AGENDA Tigard Planning Commission October 19, 1976 - 7: 30 P.M. Twality Junior High School - Lecture Room 14650 S .W. 97th Avenue - Tigard, Oregon 1 . CALL TO ORDER: 2 . ROLL CALL: 3. APPROVAL OF MINUTES : 4 . COMMUNICATIONS: 5. PUBLIC HEARINGS : 5. 1 ZONE CHANGE ZC 9-76 (George Killian) A request by George Killian for a preliminary plan and program review of a proposed industrial-commercial planned development in a M-3 zone (light industrial) at the intersection of S.W. 72nd and Upper Boones Ferry Road. (Wash. Co . Tax Map 2S1 12D, Tax Lots 2100, 2200, 2104, and 2103) . (Tabled from 10/5/76) 5 .2 CONDITIONAL USE CU 29-76 (City of Tigard) As a result of the City ' s anticipated application to the United States Economic Development Administration for funding to build a City Office Complex, the City is re- questing a conditional use permit to locate a City Hall, Police Station, and Library at 12800 S .W. Ash on the site of the now inoperative wastewater treatment facility . (Wash. Co. Tax Map 2S1 2AD, Tax Lots 2800 and 3000) . 5 . 3 FLOOD PLAIN FILL PERMIT M 2-76 (City of Tigard) A request for a flood plain fill permit to fill lands located at 12800 S .W. Ash. (Wash. Co . Tax Map 2S1 2AD, Tax Lots 2800 and 3000) . 5.4 SIGN CODE REVISIONS Proposed amendments to the Sign Code of the City of Tigard Municipal Code Title 16 . 36 .4)40 (9) window display, 16 .40.050 rotating or revolving signs, 16.28 .010 (a) nonconforming sign notification, 16.40.060 flashing signs, 16 . 36.040 (3-8) free—standing signs, and 16.40.100 bench signs. fir 6. OTHER BUSINESS : 7. ADJOURNMENT: mv w `r MINUTES Tigard Planning Commission :. October 19, 1976 - 7: 30 P.M. 14650 S .W. 97th Avenue - Tigard, Oregon 1 . CALL TO ORDER: The meeting was called to order at 7: 30 by Chairman Popp. 2. ROLL CALL: Present : Moore, Nicoli, Phillips, Popp, Sakata, Goldbach, and Tepedino. Excused Absence: Krause 3. MINUTES : The minutes of October 5, 1976 were approved as read. 4 . COMMUNICATIONS : None 5. PUBLIC HEARINGS 5 . 1 ZONE CHANGE ZC 9-76 (George Killian) A request by George Killian for a preliminary plan and program review of a proposed industrial-commercial planned development in a M-3 zone (light industrial) at the intersection of S .W. 72nd and Upper Boones Ferry Road. (Wash. Co , Tax Map 3A1 12D, Tax Lots 2100, 2200, 2104, and 2103) . A. Staff Report : 1 Daniels presented a verbal staff report , reviewing the E;. past concerns of the Planning Commission and staff concerning the development and pointing out how these had been resolved in the new plan . B . Applicant 's Presentation: o Jose Cruz, applicant, informed the commission that he had worked with staff, and was satisfied with the submission . C. Public Testimony - None D. Staff Recommendations: 1 . The site be annexed. to and served by the Tigard Water District . 2 . Land necessary to provide a 40' from center right- of-way be dedicated to the city for S .W. 72nd Avenue and Upper Boones Ferry Road. 3. An agreement to participate in the improvement of S .W. 72nd Avenue be filed with the City Recorder. MINUTES Tigard Planning Commission '! October 19, 1976 , Page 2 4i ti. 4 . The uses allowed in the office/warehouse building be limited to those not requiring large truck deliveries. 5. Any access onto S .W. Durham Road (realigned) be approved by the Planning Commission . 6. The applicant secure a statement from the Washington County Director of Public Works stating that the building locations will not conflict with the Durham Road realignment . o Phillips asked why S .W. 72nd Avenue and S.W. Upper Boones Ferry Road could not be widened and improved at this time? o Staff stated that it should be done as an entire project . o Phillips asked if the 16 ' driveway on the north end of the development would be one way? o Cruz responded that there would not be that much heavy or fast traffic to warrant it being one way. o Phillips asked why access onto Durham Road was being considered. o Staff replied that it might be an option in the future in which case the Planning Commission and the Highway Department would have to give approval . o Goldbach asked if Neighborhood Planning Organization 'j #5 was satisfied with the plan. o Staff replied that reducing the number of curb cuts from 5 to 3 and movin . the buildings back from S.W . moving 72nd Avenue should satisfy their concern. E. Commission Discussion : o Popp commended the changes made in the plan. Moore moved and Goldbach seconded to approve the proposal with the staff recommendations. F; o Phillips asked that the north driveway be either wider or one way. 4: The motion otion was approved 5 to 2 by a roll call vote - j Sakata and Phillips dissenting. jl MINUTES Tigard Planning Commission 6" October 19, 1976 - 7: 30 P.M. ..- Page 3 Item 5.2 CU-29-76 was tabled until 5 .3 M-2-76 was heard. 5 . 3 FLOOD PLAIN FILL PERMIT M-2-76 (City of Tigard) A request for a flood plain fill permit to fill lands located at 12800 S .W. Ash. (Wash. Co . Tax Map 2S1 2AD, Tax Lots 2800 and 3000) . o Staff asked that the staff report be deferred until after the applicant ' s presentation. ti A. Applicant ' s Presentation : o Bruce Clark, City Administrator, explained: li o the need for a new City Hall o Exhibit "A" showing the necessary cut and fill o building site and engineer's report which stated that the proposed cut and fill would result in an extra 100 cu. yards of flood storage. B . Staff Presentation: ji Staff report read by Daniels. �. C. Public Testimony - None <f rss D. Staff Recommendations: -' Staff recommends approval with the following conditions : 1, 1 . That a 25 foot wide easement for pedestrian/bicycle !. use be provided. 2 . That no net fill be added to the site. 3. A specific development plan shall be submitted that `,. is stamped by a professional engineer with demon- strable expertise in hydrology. i11 4 . Subsurface drainage shall be, provided to drain hard rl surface areas. 5. An average slope of 1 :60 shall be maintained within the "10 year flood plain", (elevation less than 146 ' MSL from low water surface to the parking area) . E: 6. Ten feet shall be dedicated for future widening of Ash Avenue. I+I E,y MINUTES Tigard Planning Commission October 19, 1976 r„_. Page 4 o Clark asked that the location of the bike path be pinpointed. o Staff asked that the words "in the flood plain portion of the site along Fanno Creek" be added to recommendation #1 . o Phillips asked if a 10' dedication would be sufficient . o Staff replied that this would be acceptable. E. Commission Discussion: Goldbach moved and Moore seconded to approve the proposed with the staff recommendations. The motion was approved by unanimous voice vote. 5.2 CONDITIONAL USE CU 29-76 (City of Tigard) As a result of the City's anticipated application to the United States Economic Development Administration for funding to build a City Office Complex, the City is t requesting a conditional use permit to locate a City Hall , Police Station, and Library at 12800 S .W. Ash on the site of the now inoperative wastewater treatment facility. (Wash. Co. Tax Map 2S1 2AD, Tax Lots 2800 and 3000) . A. Staff Report : Read by Daniels. o Additional finding 10,11 and 12 . 10 - The location of a City Hall complex conforms to the Neighborhood Plan I plan which encourages the downtown to remain the retail-governmental core of Tigard. 11 -- There is a public need for a new civic center in Tigard. 12 - This site is accessible through the City green- way/bike path system. o Phillips asked if there was need for a new City Hall. o Staff replied that a study done in 1974 which indicated the need for a new City Hall o Nicola asked why 70' on center parking strips were being required. o Staff replied that this is a public project and should follow the letter of the code . mommom • MINUTES it Tigard Planning Commission October 19, 1976 Page 5 B. Applicant 's Presentation: o Bruce Clark, City Administrator, explained o how the proposed use complied with Neighborhood Planning Organization (NPO) I o the different phases of the project o that the police station could be used as a small office until the parking was needed o Daniels explained that the material would be brick and reflective glass partially heated by solar heat and that the conditional use permit was needed prior to submission on the 26th of October. o Sakata asked if additional outside storage was needed by the police . o Clark replied that the outside storage would be moved and screened but not expanded. C. Public Testimony: -- None D. Staff Recommendations: Staff recommends approval with the following conditions: 1 . An agreement to participate in improvement to S.W. Ash Street be filed with the City Recorder. 2. 10' be dedicated for the widening of S.W. Ash Street . 3. Landscape islands 70 ' on center be provided through- out the parking area. 4. The flood plain area be landscaped and maintained. 5. A 20 ' landscape buffer be provided in front of the building. 6. The existing dwelling in phase two be buffered until such time as acquired by the City. 7. All equipment storage be screened. • E. Commission Discussion : Nicoli moved and Moore seconded that the proposed be approved with staff 'recommendations based on findings in staff report. iII MINUTES Tigard Planning Commission October 19, 1976 Page 6 The motion was approved by unanimous voice vote . 5.4 SCR 4-76 Bench Signs To amend section 16.40.040 to add bench signs as a prohibited sign and to amend 16.08 to add a definition of bench signs. A. Staff Report : Read by Edwards B. Public Testimony: In favor: None In opposition: o Eldon Williams, President of Bench Advertising Company, presented documents from a sign code appeal in 1974 in which he had -been assured that an ordinance would be passed to legalize bench signs . Williams also asked that the matter be tabled to allow him more time to present material . The Board and staff cross-examined Williams about the sign code appeal and the use and location of the benches. C. Staff Recommendations : Staff recommends that { 1 . Section 16.40.040 be amended to add item j reading "No bench signs shall be permitted. " 4i 2. To add section 16 .08.025 to read: "Bench Sign. Bench sign means a sign utilizing any portion of bench said bench being a long seat people sit upon. " 3. That the City Council include in their ordinance that all bench signs be removed within six (6) months. x D. Commission Discussion : o Phillips asked that the meeting be tabled until staff could research the matter . p Tepedino moved and Phillips seconded that the proposal be tabled until staff could investigate the matter. The motion was approved by unanimous voice vote. SCR 2-76 1 . To delete section 16.40.050 and amend section 16.40 040 to add revolving signs as a prohibited sign . • MINUTES Tigard Planning Commission <y" October 19, 1976 vk Page 7 2. To amend section 16.40.060 (b) making flashing signs 1 a prohibited sign. 3. To amend section 16 .24.010 compliance provision. A. Staff Report : Read by Edwards B. Public Testimony: In favor: None In opposition - Larry Azeltine, Heath Northwest Inc. asked that the matter be tabled until the outstanding business interests could be notified. o Staff informed the Commission that legal notice had been given plus notice sent to all parties that had expressed prior interest in the matter. o Goldbach and Moore stated that the public was in favor of restricting allowable signs. C. Staff Recommendations: Staff recommends that : 1 . Section 16.40. 060 be deleted. a t$ tr 2 . Section 16.40.040 be amended to add item i to read "No sign shall have or consist of any moving, rotating, or otherwise animated part" . 3. Section 16 .40.060 (b) be amended to read "No ,; flashing signs shall be permitted" . 4. Section 16.24 .010 "The following signs flashing, moving, rotating, or otherwise animated parts in existence on (date of ordinance) shall be regarded as non-conforming signs, which , may be continued until January 11, 1981. D. Commission Discussion : o Sakata asked that corner lots be allowed rc_tatiing, i' signs. _, o Staff replied that this could possibly he handled by a variance if the need arose. Moore moved and Sakata seconded that the proposal be approved with the staff recommendations. I ' 9 The motion was approved by unanimous voice vote. fl i.. MINUTES Tigard Planning Commission October 19, 1976 Page 8 SCR 3-76 To amend section 16 .28.010 (a) changing the time limit to give written notice from 60 days to 15 days, changing sign removal from 30 days to 15 days, and changing notifi- cation from registered mail to restricted certified mail . A. Staff Report : Read by Edwards . B. Public Testimony: None C . Staff Recommendations : Staff recommends that 15 days be substituted for "sixty days" and "thirty days" and the words "registered mail" be replaced by "restricted certified mail" in section 16 .28.010 (a) . D . Commission Discussion : Goldbach moved and Tepedino seconded to approve pro- ( posal with staff recommendation. The motion was approved by unanimous voice vote. 6. OTHER BUSINESS : o Study session on free standing signs was scheduled for October 26 at 7: 30 P.M. o Staff informed the Commission of past Council action. o Tepedino inquired whether the City Council held De Noyo hearings on matters appealed. o Staff responded affirmatively. o Tepedino responded that by the Council not hearing the matter on the record established before the Planning Commission the Commission 's ability to review all relevant information is hampered. o Sakata cited the Greyhound conditional use permit as an example of no one speaking in opposition to the request at the Planning Commission hearing but 20 people attending the Council meeting. The Planning Commission did not have the benefit of that testimony in their deliberations and it emasculates the Planning Commission review. o Staff was directed to take this concern to Council 7. ADJOURNMENT: There being no other business the meeting was adjourned at 10 :00 P.M. NOTICE OF PUBLIC HEARINGS Tigard Planning Commission October 19, 1976 - 7:30 P.M. Twality Junior High School - Lecture Room 14650 S.W. 97th Avenue - Tigard, Oregon 5. PUBLIC HEARINGS: 5.1 CONDITIONAL USE CU 29-76 (City of Tigard) As a result of the City's anticipated application to the United States Economic Development Administration for funding to build a City Office Complex, the City is requesting a conditional use permit to locate a City Hall , Police Station, and Library at 12800 S.W. Ash on the site of the now inoperative waste water treatment facility. (Wash. Co. Tax Map 2S1 2AD, Tax Lots 2800 and 3000). 5.2 FLOODPLAIN FILL PERMIT M-2-76 (City of Tigard) A request for a flood plain fill permit to fill lands located at 12800 S.W. Ash (Wash. Co. Tax Map 2S1 2AD, Tax Lot 2800, 3000) . All persons having an interest in any of the hearing matters are invited to appear and submit oral and written testimony or submit written testimony in advance of the meeting. . k f F . N MEMORANDUM 6 • K t Date: October 15, 1976 E' Re: ZC 9-76 (Killian) The applicant has met with staff and a new site plan is f being drawn up to reflect the concerns of the Planning 1 Commission and the staff recommendations. The new site plan 6? will be presented at the meeting. ' F. i, 4 .. , yf.l 1. { ti w r U { , i r STAFF REPORT Agenda 5.2 IL Tigard Planning Commission October 19, 1976 - 7: 30 P.M. Twality Junior High School - Lecture Room 14650 S.W. 97th Avenue - Tigard, Oregon DOCKET: Conditional Use CU 29-76 REQUEST: To locate a Civic Center Office Complex and City Shop addition in an M-4 Light Industrial zone. LOCATION: S.W. Ash Street , southwest of S.W. Burnham Street . APPLICANT: City of Tigard I . BASIC FACTS : 1 ... The site is designated "Commercial-Industrial"on the Neighborhood Plan I and zoned M-4 Light Industrial . 2. Section 18.52 .020 of the Tigard Municipal Code allows a "Public Utility" in an M-4 zone as a conditional use. _ II . FINDINGS: 1 . The applicant is requesting permission to demolish the abandoned sewage treatment plant and police station and construct a new Civic Center Office Complex to centralize the location of the Library, Police Department , admini- strative offices, and meeting rooms and to add to the existing City shops. 2 . The surrounding land use is Crow Engineering, Fanno Creek flood plain, security storage, auto parts store, building contractor and an old dwelling unit . 3. The site is relatively flat; gently sloping towards Fanno Creek. 4. S.W. Ash Street is presently a 40 ' right-of-way. Section 18.12 .100 of the Tigard Municipal Code designates it a collector requiring an additional 10 ' dedication from this property. The site plan incorporates this requirement . 5. Section 18.58.080 (2) of the Tigard Municipal Code requires a 20' landscaped front yard. The site plan shows a 10' buffer . This needs to be increased. 6. Section 18.58.080 (1) of the Tigard Municipal Code requires landscape islands 70 ' on center in parking areas . This has not been incorporated into the site plan. 7. The paved area by the existing shop area is likely to be used for equipment storage. This area should be screened from public view. 4i fi STAFF REPORT Agenda 5.2 Tigard Planning Commission October 19, 1976 Page 2 8, Section 18.60.120 (3)(C) requires one parking space/400 sq. ft . gross floor area. The building is 37,000 sq. ft . thus requiring 90 spaces . 147 spaces are shown on the site plan. 9. S.W. Ash St . is in a deteriorated condition in need of repair. III . RECOMMENDATIONS To be advised. w 5 STAFF REPORT AF, Agenda 5.2 NIL Tigard Planning Commission October 19, 1976 RECOMMENDATIONS: Staff recommends approval with the following conditions: 1 . An agreement to participate in improvement to S .W. Ash St. be filed with the City Recorder. 2. 10' be dedicated for the widening of S.W. Ash Street . 3. Landscape islands 70' on center be provided throughout the parking area. 4 . The flood plain area be landscaped and maintained. 5. A 20 ' landscape buffer be provided in front of the building. 6. The existing dwelling in phase two be buffered until such time as acquired by the Ctiy. 7. All equipment storage be screened. dr. pr. STAFF REPORT Agenda 5.3 Tigard Planning Commission October 19, 1976 - 7:30 P.M. Twality Junior High - Lecture Room 14650 S .W. 97th Avenue - Tigard, Oregon DOCKET: M 2-76 REQUEST: To place a fill in the flood plain of Fanno Creek in order to place a foundation for a City office complex. LOCATION: 12800 S .W. Ash (Wash. Co . Tax Map 2S1 2AD, Tax Lots 2800 and 3000) . APPLICANT: City of Tigard I . BASIC FACTS: 1 . The site is designated "Commercial-Industrial" on the Neighborhood Plan I and zoned M-4, Industrial Park. 2. The site is presently occupied by the inoperative Tigard Sewage Treatment Plant and the City Public Work ' s Shops. II . FINDINGS 1 . The western portion of the subject site (see attached map) is in the flood plain, being below the 149.2 foot elevation. The flood plain section of the zoning ordinance (section 18 .57) requires Planning Commission approval of any proposed plans for filling and construction within the flood plain . 2. Pursuant to section 18 .57.060, an analysis has been made of this proposal by a registered professional engineer having an expertise in hydrology and his report is attached. 3. The engineer' s report indicates that this project will remove certain impediments to the flow of flood waters resulting from construction of the sewage treatment plant. Item #4 of his report states that removal of the existing dikes around the settling ; ponds will add 1500 cubic yards of storage capacity to the flood plain . In addition, item #7 identifies means of providing an additional 500 cubic yards for a total of 2,000 cubic yards . As a result , approximately 100 cubic yards of flood water storage capacity will be added to the flood plain by this project . He there- fore concludes that the flooding characteristics of this portion of Fanno Creek will not be adversely affected pro- vided that certain precautionary measure are taken at the time of construction. 4. The request is made with the understanding that the City will provide final grading plans meeting accepted engineering criteria if the grant request is approved. Monies to accom- p ush this detailed engineering work are not presently available. . . . . STAFF REPORT - Agenda 5. 3 Tigard Planning Commission October 19, 1976 Page 2 III . STAFF RECOMMENDATIONS To be advised. • STAFF`REPORT Agenda 5. 3 Tigard Planning Commission ' October 19, 1976 STAFF RECOMMENDATIONS: Staff recommends approval withthe following conditions: 1 . That a 25 foot wide easement for pedestrian/bicycle use be provided. 2. That no net fill be added to the site . 3. A specific development plan shall be submitted that is stamped by a professional engineer with demonstrable expertise in hydrology. 4. Subsurface drainage shal be provided to drain hard surface areas. 5 . An average slope of 1 :60 shall be maintained within the "10 year flood plain", (elevation less than 146 ' MSL from low water surface to the parking area) . 6. Ten feet shall be dedicated for future widening of Ash Avenue. • I G. a F • 1 1f' fir 1 i 1 } ki 4: 1! , a, COOPER & ASSOCIATES, INC. ENVIRONMENTAL ENGINEERING SERVICES 11675 S.W.66th AVENUE • PORTLAND,OREGON 97223 • (503) 639-4914 I! [j r'I Oct. 14, 1976 randum: A preliminary evaluation of two major floodplain problems for the proposed City Hall site has been made. Based on limited existing and final contour information, the site was checked for impact on the mean velocity of a 100 year flood and for any change in the floodway storage capacity. Findings are as follows: i 1. Floodwaters of Fanno Creek below the Main Street Bridge will have a 100 year flood elevation of 149.2 (U.S.G.S. datum) and have a flaw of 1,410 cubic feet per second. 2. The relocated channel and associated floodplain presently cause a mean velocity for the 100-year flood of about 0.6 feet per second. This is considerably below critical velocities for erosion of banks. 3. Relocation of Fanno Creek without filling the original channel has created an addition to the floodplain holding capacity of approximately 500 cubic yards. 4. . By removing two feet from the existing dikes used for secondary sewage } treatment (frau elevation 148.0 to elevation 146.0) a displacement of about r 1500 cubic yards will be added to the floodplain. p j 'd 5. To provide a fill for the proposed building line, foundation footing, sloped embankment and final grading for landscaping, approximately 1900 cubic yards ;I will be required. 6. Net displacement would not have any adverse effect on storage capacity since the amount of fill is about the same as capacity added by channel relocation and dike removal. 7. Additional contouring and landscaping of the area between the new channel H alignment and the old Fanno Creek bed could enhance the floodway capacity : Removal of flow obstructions such as brush and trees would reduce backwater effects. Removal of two feet of soil in this area would add at least 500 cubic yards of storage capacity or allow additional filling of the old channel to improve slopes and create a uniform, overbank drainage swale. It is concluded that the minor fill for grading and restoration of the site 4 can be adequately handled without impact on the Fanno Creek floodway. Additional ', imported materials to fill structural excavations and other depressions after demolition removal will have no effect if placement generally conforms to existing ground contours. r' 1/ 1 (1.404;;7:3Z, , 112, STAFF REPORT Ap Agenda 5.4 IL Tigard Planning Commission October 19, 1976 Twality Junior High School - Lecture Room 14650 S .W. 97th Avenue Tigard, Oregon DOCKET: Sign Code Revisions 2-76 REQUEST: rt 1 . To delete section 16 .40 .050 and amend section 16.40.040 to add revolving signs as a prohibited sign. 2. To amend section 16 .40.060 (b) making flashing signs a prohibited sign. 3. To amend section 16.24 .010 compliance provision. APPLICANT: Tigard Planning Commission, I . BASIC FACTS : 1 . The Tigard Community Plan, Neighborhood Plans I , II, and III state that the city should "establish high design standards for signing and appearance" . II . FINDINGS 1 . The right of a business to advertise should conform with the objectives and goals of the community. Revolving and flashing signs do not conform with these goals. 2. According to "Street Graphics" by Ewald & Mandelker a flashing light is "one of the strongest visual stimuli . . . causing the eyes to swing involuntarily to focus at it . . . " i Revolving signs also distract the driver' s attention for the space of time it takes to read the message. As businesses compete for sign space along Pacific Highway, revolving and flashing signs will constitute a traffic hazard and pose a threat to the public safety. III . RECOMMENDATIONS: To be advised. STAFF REPORT Agenda 5.4 Tigard Planning Commission October 19, 1976 RECOMMENDATIONS: Staff recommends that: 1 . Section 16 .40.050 be deleted. 2. Section 16.40.040 be amended to add item i to read "No sign shall have or consist of any moving, rotating, or otherwise animated part" . 3. Section 16 .40.060 (b) be amended to read "No flashing signs shall be permitted" . 4. Section 16.24010 "The following signs flashing, moving, rotating, or otherwise animated parts in existence on (date of ordinance) shall be regarded as non-conforming signs, which may be continued until Jaunary 11 , 1981 . he Ar STAFF REPORT t Agenda 5. 4 Tigard Planning Commission October 19, 1976 - 7: 30 P.M. Twality Junior High School - Lecture Room 14650 S .W. 97th Avenue - Tigard, Oregon DOCKET: Sign Code Revisions 3-76 REQUEST: To amend section 16 .28.010 (a) changing the time limit to give written notice from 60 days to 15 days, changing sign removal from 30 days to 15 days, and changing notification from registered mail to restricted certified mail . APPLICANT: Tigard Planning Commission I . BASIC FACTS: 1 . The existing code 16.28.010 (a) reads "the building official shall give sixty days written notice by registered mail to the owner of the sign. If the owner of the build- ing, structure, or premises upon which such sign is located fails to remove the sign within thirty days after receipt of written notice. . . " II . FINDINGS: 1 . The existing time limit of 60 days notice is in excess of what can be reasonably expected. A shorter time period would necessitate the owner attending to the matter promptly. 2. The amount of time specified for written notice and the amount of time specified before the City can have the sign removed should be identical . 3. Registered mail currently costs $2.48 a letter, restricted certified mail costs $1 .58 a letter. Restricted certified mail serves the same purpose legally as registered mail and would involve a savings to the taxpayer . III . RECOMMENDATIONS: Staff recommendations to be advised. IC STAFF REPORT Agenda 5.4 Tigard Planning Commission October 19, 1976 RECOMMENDATIONS: Staff recommends that 15 days be substituted for "sixty days" and "thirty days" and the words"registered mail" be replaced by "restricted certified mail" in section 16.28.010 (a) , �. 's{ t.' { yli i;. STAFF REPORT gi Agenda 5. 4 It Tigard Planning Commission October 19, 1976 - 7: 30 P.M. Twality Junior High School - Lecture Room 14650 S.W. 97th Avenue - Tigard, Oregon DOCKET: Sign Code Revisions 4-76 REQUEST: To amend section 16 .40.040 to add bench signs as a pro- hibited sign and to amend 16.08 to add a definition of bench signs . APPLICANT: Tigard Planning Commission I . BASIC FACTS: 1 . There is no provision in the code for bench signs. 2. The Tigard Community Plan, Neighborhood Plan I , II and III states that the City should "establish high design standards for signing and appearance. " II . FINDINGS 1 . Bench signs can be construed as a free standing, off premise sign which is not in conformance with the code. 2. It would be unfair to the businesses in the City to allow this type of advertising in front of their stores. 3. Bench signs do not conform with the Tigard Community Plan and Neighborhood Planning Organization goals for signing and appearance. 4 . Bench signs are frequently located without regard to transit stops or any other useful function, they are frequently portable and subject to vandalism, and they can become obstacles to legitimate use of sidewalk. 5. Bench signs, are used by the public only in good weather which is a small percentage of the year. In addition, the City and Tri-Met are in the process of installing benches for public use. III . RECOMMENDATIONS To be advised. 4 STAFF REPORT Agenda 5 .4 Tigard Planning Commission October 19, 1976 RECOMMENDATIONS: Staff recommends that 1 . Section 16.40.040 be amended to add item j reading "No bench signs shall be permitted. " 2. To add section 16 .08.025 to read: "Bench Sign. Bench sign means a sign utilizing any portion of a bench-said bench being a long seat people sit upon. " 3. That the City Council include in their ordinance that all bench signs be removed within six (6) months . • • j: ii } 11 tt