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04/21/2003 - Packet POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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. ��r�� Cifiy of T'igard �,��m,�� TIGAFiC3 PLAN9VING Cf�N1Ml��lt"�N Sl�apingA BettcrCarnrnmity Alf�R6L 2�y 2Q03 7:00 p.111. TIGARD CIVIC CENTER—Tc�WN NALL 1312" SW HALL BOULEVARD `�IGARD, OREGON J7223 1. CALL TO O�D�� 2. ROLL CALL 3. CO�VIMIIIVICATI�PIS 4. A�PRO'V� MINUTE� 5. PU�LI� HE�RI(VGS 5.1 ZON� �Ft131N,4fVCE AtVI��1DiV1��11' (ZOA) 2003-00001 HOIViE OCCIJPA�lC�NS �O�E A�ENDMEN�' RE(�d1E�T: To amend the Hame Occupatian requirements within the Tigard Developm�nt Code to allow no more#han 5 weekly cusfiomers or clients between the hours of 8:00 AIVI to 8:00 PM under the Type I Hame Occupation Permit, and to add verbiage acknowledging telecommufing and exempt telecorrymuters from the Homie Occupation Permit requirements. LOCATIqN: Citywide. �O(dE: N/A. �lPPLICA�LE REVI�IIV CRiTE�IAo Statewide Planning Goals 1 and 2; Camprehensive Plan Policies 1 and 2; and Cornmunity Development Code Chapters 1$.380, 18.390 and 18.742. 5.2 �4M�NDNIENT� TO TFIE Fl(2002-03 C!P �llDGET �onita Rc�ad Recorastructie�n Project Bonita Road is a collector street thafi carries over 12,000 vehicles per day. A visual inspection, confirmed by geotechnical investigation of the street structural section, indicates that the segment between Hall Boulevard and Fanno Creek Bridge needs to be reconstructed as soon as possible. This request to Planning Commission is to add the Bonita Road Praject and delete a project in the FY 2002-03 CIP to reconstruct North Dakota Street (Greenburg Road to 95th Avenue). Bonita Road carries significantly more traffic than North Dakota Street (a neighborhood route) �nd the need for reconstruction is more pressing. l"here would be no change in the overall FY 2002-03 CIP Budget amount. The North Dakota Street project would be rescheduled for implementation in a future fisca! year. (OVER) � S�paration of the Hall �oul�uard/1N�ll �tr��et Intersection and Approaches �'roj�� fror� the Proposee9 V1/all Str��t l.ID (Local Irr�prav�rn�s�t [�istrict) Vllall Street is a new collector street identifiec! in the Tigard Trar�spc�rtatic�n System Plan. It was added in 2002 4o the Countywide Tra�#ic impact Fee Base Report as a TIF��ligible facility. The design of Wall �fireet fram its intersection with Hall �o+�levard to its intersection with Hunziker Str�efi is funded in the FY 2002-03 CI�' under tl�e Wall Strest LID Fund. ,�n arr�ount of$300,000 ir7 TIF funding is av�ilabie under that fund for engineerir�g design costs. This am�ndment would separate fih� Hall Boulevard/Wall Street intersection and approaches from the proposed LID so that it could be designed and constructed as a City project. The new Library ProjECt and the Fanno Pointe Project (immediately �oufh of�he new Library site) are two developme�ts currently underway. It would b� desirable �or both dev�lopments to have ons common access point to Hall Boulevard along fihe selected W�II Street alignment. The intersection project would widen Hall Boulevard along the Library and Fanno F'ninte frontages and construct a �egment of Wall Street long enough to provide a common access point to Hall for the two development projects. The �xtension of Wall Street from that segment to connect to Hunziker Street wouid remain under the proposed Wall Street LID project. That segment would be constructed only if the L!D is successfully formed and permits are obtained to cross the wetlands, F�nno Creek, and the existing railroad firacks. �fhere would be �to change in the overall FY 2002-Q3 CIP BudgPt amount. A new projecfi would be created to cover the Hall Boulevard/V1/ail Stre�t intersection and approaches. The �300,000 available in TIF funds for engineering design costs under the Wal! �treet LID Fund woufd be rea6located as follows: Hall E3oulevard/Wall Streef Intersection and Approaches - $200,000 (TIF Fund) Wall Streef Ll� - $100,000 (TIF Fund) The TIF amount allocat�d for the intersection project would be suffir,ient to complete fhe design work in FY 2002-03. Consfiruction fundinc� far th� intersectian and approaches would be requssted under the FY 2003-04 CIP. 6. FAlV1�0 �R�EK Pe�FiK EXPANSIOIV MIA�TER PLi4� The City hired Nlurase Associates, Lanc�scape Planners, to develop � park master plan far the 9.7 acr� expansion projecfi adjacent to the new library site. The plan will focus on the site's sensitivifiies, natural areas, wefilands, open spaces, trails, and educational and rPCreational programmatic uses. 7. OTHlER BllSINESS 8. ADJOURNMENT �9T1° �F fIGARD PL/�IVNItVG COIi�NlI�SEOfV 11Aeeting Mir�ut�� April 21, 2003 1 e CALL T°Q C)��2 Presid�nt �'adgett called the meeting tca order at 7:00 p.m, The rr�eeting w�s held in the Tigard Civic Center, Town Halt, at 13125 511�' Hall �Ivd. 2. ROLL G�LL Commissioners F°resent: President Padgett; Commissioners Anderson, Qi�nerth, Buehn�r, Haack, IVlores, Munrc�, and Suttan Comrr�issioners Absent: Commissioner Webb Staff Present: Morgan Tracy, Associate Planner; Christine Darnell, Code CompliancP Specialist; Gus Duenas, City Engin�er; Dan Pla�a, Parks IVianager; Jerree Gaynor, Planning Commission Secretary 3. P�Ls4NP�flNC �OMIViIS�I�N COMMIlP11Ca41°I�fN� Next meetings— May 5�' and May 1 g`n 4. A�PR�V� �AEETINC MINUT�S Comrnissioroer Buehner moved ar�d �ommissioner Rnderson second�d the motion to approve the March 3, 2003 meeting minutes as submitted. A voice vote was taken and the motion passed by a vote of 6-0. Commissioner� IVtores and Sutton abstain�d. 5. P�llBLI� H��RIN�S s.� �o�� nR�i�a�u�� EN�n��n�°r �zc��) �oo��0000� �onn� occu��°ioo�� co�� nn��nn�E��° FtE(�UE�T': To amend the Home Occupation requirement� within the Tigard Development Cade to allow no more than 5 weekly customers or clienfis befiw�en fhe hours of 8:00 AM to 8:00 PM under thP Type I Home Occupation Permit, �nd to add verbiage acknowledging telecornmuting �nd exempt telecornmuters frorri the Home Occupation Permit requirements. LOCA7'10�l: Gitywide. ZOtVE: N/A. APPLIGI��LE REVIEIN�RITIERIA: Statewide Planning Goals 1 and 2; Compr�hensive Plan Poli�ies 1 and 2; and �ommunity D�velopment Code Chapters 1�.380, 18.390 and 18.742. . STAFF REPORT Associate Planner Morgan Tracy reviewed the staff rep�rt and staff recommendations with �he Planning Corrimission. He reported that a number of PLANNING COMMISSION MEETING MINUTES -April 21,2003-Page 1 � home-based busine�s applicants '�ave expr�ssed that the current HOP ru�es are too limifiing, and that they would prefer mare flexibility based c�n th� site ch�racteristics, and the particular business c�peration. �onversely, the City has also fielded complaints firam neighbors pf existing home based I�usinesses, and conc;erns from neighbors c�f proposed Type II home busine�s�� with regard to impacts on privacy, noise, parking and storage problems. The CommiSSinn's cansen�us from previous meetings was that relaxing the rules for a Type !I home occupation would have a greater overall potential to impact the surrounding neighbnrs. Inst�ad, the Commission felt same minor revisions to allow a iimited nurnber of customers far T'ype f's should be considered to simplifiy fihe approval process for these generall�r non-impacting busin�sse�. Also, the issue of telecommuters was rais�d. The �ommission felt that the definition of a telecommuter �hould be clarified and an explicit exemption provided for telecommuters placed in the code. Addition�lly, the benefits of telecommuting on fihe �omrnunity should be reflect�d in the purpose statement of the code. The proposed amendments add gr�a#er fl�xibility for the small bu�iness operator who has very few client contacts. Th� proposal also offers an exemption to those people who work for a business, but do so from their homes. The code is presently silent on whether or nofi telecommuters require a home occupation permit, although it has not been the prac�ice fo require telecommuters to obtain a home occupation permifi. Staff a�rees that telecommuting is gen�rally a positive contribution to the City, but feels that th� present practice offers greater protection to neighbors. If a problem business were to arise, then the City could require that a home occupation permit be filed and enforce the restrictions. If an �xernption is put in place, the City will have to prove that the business does not qualify as a tel�commuter before any further enforcement can take place. The difficulty wifh these propo�ed changes is constructing definitions th�t are broad enough to cover the various types of businesses that have infrequer�t needs for customer visits, but narrow enough that the provisions won't be �xploited. Also, staff is concerned about the f�asibility of enforcing some af the proposed revisions. Staff believes that the present home occupation standards adequately address the majority af home bas�d business needs, and provide alternatives for those businesses that require infrequent busines�s clier�t conta�ts. Staff recommends that the present proposal be tabled until a more comprehensiv� review of the home oceupation standards can occur. Discussion was held with Code Cornplianee �pecialist Christine Darnell about the difficulty in �nforcing th� rules for home businesses. She urged against loos�nin� standards for telecommu#ers. PLANNING COMMISSION MEETING MINUTES -April 21,2003-Page 2 Cnmmissioner Buehner believes excluding telecommuters has nothing to do with code enforcemen�. �largan responded that the problem come5 when someone wants u�e fihat as an �venue to get aroue�d current cod�. He also nofied it was difficult constructing a d�finition for telecornmutir�g. Commissioner�5utton believes we shoul� establish a de�'inition for telecommuting as a matter of prc�tection. Commissioner Buehner volunteered to submit definition language to staff for telecommutir�g. It v�as alsn noted that the Sta�e has specific definitions for telecommu�ing. iVlore discussion wa� held on enforcement of home occupations. Darnell gave details frorn sev�ral of the cases she has had. She believes the code would be harder fio enforce if standards are loosened. The �ommission would like to encourage telecommuting, lessen the impact on streets, and h�lp to incubate small businesses. On the other hand, they don't want ta home businesses to be intrusive to neighborhoods, nor do they want to create codes that can't be enforced. Staff was asked to come back at a later date with two recommendations: � a recammandation for exempting telecommuters (including a defiinition and reasons why it can bE dQne) * a recommendatian for loas�niny the standards to alfow more customers for Type I HQPs and how it co�ald be done The �ommissian wvuld also like th� recommendations to look at the positive sidP af encouraging small businesses, encoura�ing people to work at home, and lessening th� impact of traffic. Staff should consider vehicie resfirictians with HOPs and should also consider the impact of enforceability. President F'adg�tt braught up the praposed stre�� maintenanc� fee. �ince th� Commission wants to encourage more people to work at home for the betterment of our community, they do not want to "penalize'° therr� by having their home offices assessed at a commerci�l rate for p�rposes of the stre�t maintenanc� fee. City Engineer Gus Duenas testified fihat there were no plans to include home offices in the comrr�ercial category at this time, and the Planning C�mmission expres�ed its support to make that policy an official part of any street maintenance fee. 5.2 ANIEIVDMENTS TO THE FY 200�-03 CIP �vDCET Bon6ta Road ��construc�ion Proj�ct Bonita Road is a collector street that carries over 12,000 vehicles per day. A visual inspectiora, confirmed by geotechnical investigation of the street structural �ection, indicates that the segment befinreen Hatl Boulevard and Fanno Creek Bridge needs to be reconstruct�d as soon as possible. PLANNtNG COMMISSION MEETING MINIJTES -Apri121,2003-Page 3 This rec�usst ta Planning Cammission is t� �dd the ��nita Road Praject and del�te a proaect in the �Y 2002-03 CIP to reconstruc4 Nor�h Dakota Street (Greenburg F�oad to 95�h Avenu�). Bonita Ftoad carri�s significantly more traffic than North D�kota �treet (a neighborhaod route) and the need far reconstruction is more pr��sing. There would be nc� change in the overall FY 2002-03 CIP �udget amount. The Nc�rth Dakota Street project would be rescheduled for implem�ntation in a fi��ure fiscal year. S�parati�n o#th� Fiall �3�aulevard/Vll�ll �tr�� Infi�rs�cti�n a�d Approaches Pro��ct from the �ropaos�d Wall �tr�et LID (Local Improveon�nt District) Wall �#r�et is a new collector street identifie� in the Tigard Transportation Sy�tem Pl�r�. If was added in 2002 fo th� Co�ntywide Traffic Impact Fee Base R�port as � TIF-eligible facility. The design of Wall Street from its intersection with Hall Boulevard to its intersection with Hur�ziker Street is funded in the Fl` 2002-03 CIP under the Wall Street LID Fund. An amount of$300,000 in TIF funding is available under that fund for engineering design costs. This amendment would separate the Hall Bou{evard/Wall Street intersectinn and approaches fror� fihc pruposed LID so that it could be designed and constructed a� a Ci#y project. The new Library Project and the Fanno Pointe Project (immediately south nf the new Library site) are two developments currently underway. It would be desirable for both developments to have one common access point ta Hall Boulevard along the selecfied Wall Stre�t alignment. The intersec�ion project would widen Hail �oulevard along the Library and Fanno Rainte frontages and construct a segment of Wall 5treet long enough to provide a camrr�on access point fia Hall fpr the finro developm�nt projects. The exfiension c�f Wa!! Street from that segmen4 to cannecfi to Nunziker S�reet would remain under the proposed Wall Street LID project. That segment would be constructed only if fihe LID is staccessfulty formed and permits are abtained to cross the �+�tlar�ds, Fanno Creek, and th� existing railrnad tracks. There would be no change in the overall FY 2002-03 �IP Budget amour�t. A new prnject would be �reated to cover the Hall �oulevard/UVall Street intersection and approaches. The $300,000 available in TIF fur�ds for engineering design costs under the Wall Street LID Fund would be reallocated as follows: Hall Bo�levard/V1�all Street Intersection and Approaches- $200,000 (TIF Fund) Wal/Str�efi LID - $100,000 (TIF Fund) The TI'F amount allocated for the intersection project would be sufficient to complete the design work in FY 2002-03. Construction funding for the intersection and approaches would be requested under the FY 2003-04 CIP. PLAIVNING COMMIS5ION MEETING MINUTES -April 21,2003-Page 4 � �T'AFF �EPfJRT' Cifiy Engineer Gus Du�nas explain�d the CIP project amendments (f'ow�rPoint pre5entatpon, Exhibit A). He noted fhe Bonita Road project became a high priority ��er receiving a geotechnica! repdrt that called for reconstruction of the road as soon as possible. This pr�ject wifl replace the North Dakota pruject currently in the budget. The second amendment would separate the Hall Boulevard/Vif�ll Street in�ersecfion and approaches project from the Wall Street L.P[� sa it can be �esigned and ca�structed as a City project. There won't be any �hanges in the overall C!P budget. l7uenas asked far a recommendation to t�ke to �ouncil. Commission�r Mores nnoved to fnnrvard a recomrner�datian to City Council to ar�end the CIP budget as s#ated in the ��aff report. Commissioner �uehner seconded the motion. The motion p�sse�d unanimously. [�uenas will come back to the F'lanning Commission on May 19t" for the CIP for next fiscal year. 6. F6�NN� CR��K P!�►6�K EXP�A,NS�OfV AAA�T"E� PLAN The City hired Murase Associa#es, Landscape Planners, to develop a park master plan for the 9.7 acre expansi�n project adjacent to the new library site. Th� plan v�rill focus an the site's s�nsitiv�ties, nafiural areas, w�tland�, open spaces, trails, and educational and recreationai programmatic uses. Parks Manager Q�n P(aza and Jonafhan Beaver from Murase Associates described the expansion project (Exhibit B). They reported that four meetings were held (thr�e with the public and one with the Library Building Committee) to deveiop goals and to devefop the recommended final design wt�ich would maximize cammunity use of trails, gathering places, vistas, and recreationa! oppor�unities in the park. l"hree alterna,tive plans w�re also developed at the last meeting. Mr. Beaver note� that the goals inciude extension of the existing trail through the Library property, protection of some of the natural areas, and creation of a park that i� safe �or the public and accessible to everyone. Mr. Beaver advised that the more sensitive areas are in the northern portion of fihe praperty, so the path w�s brought across Fanno Creek as soan as possible to minimize the impact to the area. He also reported that Clean Water Services requires a 50' buffer around Fanno Creek, however, a soft pathway would be allowed. Any development in the buffer area would have to be mitigated with more plantings. The Commission recommended the plan be reviewed by the Police Department � to see if they have any concerns about security in the garden area. PLANNING COMMISSIUN MEETING MINUTES -Apri121,2003-Page 5 _ . � � Commissi�n�r Nl�anro asked if fihe main p�thway wauld be of an imperviaus m�teriai. Mr. �eaver answered that there would be an opportunity to use a peruious a�phalt. Commissioner Munro also asked if there were any is�ue� about#urtles in the wetlands. Mr. Beaver s�id the most potential for prime habi#�t is in the northern meadow area. The plan tries to pull the path aw�y from thi� ar�a as much as pa�sible. �ommissianer Anderson made a motion to forward a recamm�ndatian af appruvai to Gity Council of th� Fanna Creek Park Masfi�r Plan Exp�i7sior�, taking ir�t�a consideration the comments made tonight. Cammissioner Sutton seconded the motion. °The motian pa�sed unanimously. 7. C?TNER ��lSIfVESS The Commessioners discussed an e-mail they received from citizen Laura Neisch (Exhibit C). The group decided to establi�h a procedure for e-mails addressed to the Pl�nning Commis�ion. They decided the Commissioners will not respond individually to e-mails;the policy will be to wait until the next meeting and decide how to respond to fhe e-mail at that time. Regarding the �-mail from Nls. Neisch, the Commissianers dire�ted staff to send her information about the development process. They would also like her to knaw fi�at few of th�developrnents ar� actually reviewed by 4he Planr�ing Commission; most are har�dled at stafF level. They suggested she talk fio City Council if she's interested in changing th� developnnent proces� and she could talk to �arl Hosticka at P�Jletro to express her concerns about densify. Commiss�oner Munro provided a bri�f update on th� Downtown Task Force. The recommended commuter rail sfatian design was adapted by Gity Council. The task force wil! begin looking at the actual downtown region at their n�xfi meeting an April 24�'. 8. �4DJAllRNMfENT The meeting adjaurned at 8:57 p.m. Jerree aynor, PI ning C mission Secr�tary �p ATTE T: Pr ident Mark Padgett � PLANNING COMIVIISSION MEETING MINUTES -April 21,2003-Page 6 a � E�htb,+ A City of'I'ibarcl p��osed CIP' Anr�endane�lts 6 Amendment No. 1 ■Adcl Bonita Road Reconstruction Capital In�provern�nt P'�°;e�t o Delete North Dlkota Street Project �rogra� ■ Amendment No.2 o Separate the Hall B1vcUWa11 Street �UC�.��t �9.121�TI].C�111PI,.�S Intersection project from the Wal.l Street Local Improvement District f��ri�zi,2oos ■ No changes in the overall CIP Budget as a result of the amendmenes l�onita Iioad l[�econstr�uc�io�x �onita Road . Collector road """""°'°•�°°` a Carries over 12,000 vehicles per day !� ��=•r�.^ ' - ° ' i,p,.��,, , � o Served as a detour route during Durham Road e' ' :�P�' �a.a e.�� '��`P ' construction �' '� o Severe rutting and cracking observed � p � .�..�,�� '_� � ° � �+ � c i ' �' R i i ; !r�i �pl1c...Ra� 'I 4il_ n Geotechnieal investigation confirrrsation , - „ � � � s Needs to be reconstructed as soon as possible °�" , .� �onita �oad �onita IZoad �� ' �� yC'; �C. l :�;: 5 6 1 .o J , � � �onita Itoar� Noa th Dako�a Stt°ee� i� '�! , B .AmendYaae�at 101�e 1 Separatio�n of Hal�/W'all�nters�ct�on frorn Wa115treet L� s Add the Bonita Road Reconstruction Project to the FY 2002-03 CIP ■ Hall Blvd/Wall Street Intersection ■ Delete the North Dakota Street Project a Currently part of the Wall Street LID Pro}ec[ ' ■ Allocate the funding from the North Dakota .New Library and Fanno Pointe Condominiums Project to the Bonita Road Project need one common access to Hall s No change in the overall CIP Budget ■HalllWall intersection and approaclies wil(be Johnson Street Overlay designed and constructed as a City project g 10 Separation of I�all/i�Vall 't�'all/�Iall Intersection P�oject �nters�c�ion f�rom Wall Stre�t L� HALL BLVD/WALL BTAEET ---I ';�- � Wall Sireet I,ocal Improvemene District �'�i I,o j _ , s Tnidal Report to Council on March 11,2003 � !` __ �-�� ' '---��'-- a Preliminary Engineer's Report being prepazed •� i $� ;��a-- --- m Repart will recommend the feasibility of fomung —' ,�;:,m_r;;� the LID '— "�;`� – ( ; ■LIU formation process is being followecf J �� - . Mauw " r l"�Y"�'�� .._L r Council may decide not to form the LID � �� ,t,F=„, i —�-..5'�—: . . � . . . . II I? G r. i' , V6��1 S�r�e�I.TD t�,t�endrne�t No. 2 . WAL6 eTPHBT LID „ ■ 5epasate the intersection project fro�n the LID � ■Create a new projeat far the Hall Blvd/4�Ja11 Street \,''�. Intersection and Approaches �l,\ ,� ■Intersection and apgroaches wilf be construcied 1��•� ; using Traff'ic Impact Fee funding plus library and _�'� �� Fanno Pointe funding �. _�,��_ �,`••� ■ Wall Street LID—Complete the Preliminaay H�� —- �.,` En�ineer's Report -g� -•_�� Stat�ri+1,+25 to � Hunzikisr�54reet ia u .�mendme�.t 1�Tp. 2 R�comrne�ad�tions ■ $300,000 budgeted in F1'2002-03 CIF'under �Approve CIP Budget Wall Street LID Fund ■$200,000 for HalUWall Ineersection(TIF Funds) Amendmen�s as requested v$ioo,000 for Wall Street LII3(TTP funds) �Recommend approvai to City � No change in FY 2002-03 CIP Budget CounCil � runding tor construction of HalUWall Intersection will be reqaested under FY 2003- 04�CIP' IS IR !City of T6gard ��la�'S �BX�`? ■ Subanittal to City Council at the May 13, 2003 Council meeting ��.pl��.� �1�1��'OVe�l�fllt e Projects wili be included in the FY 2003-04 �r0��111 C1P ■ FY 2003-04 presentation to Planning �Udget t-��leSld]CI1�j1t� Commission scheduled for May 19,2003 Apri121,2003 n 3 Master R ' a M{!'. ADM/ "J 41 `.. >.1.� � � 1• Jas"�'•�',` :�,�y. s: z�t, + � ��3 �� ¢')' t �� r i;s�o.r2- J i;�`` �°1r",s,w.�� '��:M_•. A��"'"""'�,'. r'A '. oor r, limA ®PLN IAI E A00 e'MA ACA rj u' Ldp.„-,�.�.?,pa'�'•� .'tn:;+i+r�' Fy'� $. ' „ Muras I� • Associates ® City ofTigord, Oregon pri St, �i��' l.s Fr�m: Victor Soares 7'0: Jim Hendryx; ml.neish@verizon.net D�.te: 3/24/2003 9:46:29 AM Subject: Re: Tigard Website Feedback Ms. Neish: Thank you for sending your comment, I am forwarding it to Jim Hendryx, Director of the Community Develapment Department. He is the appropriate person to address your concern. If you would like to contact Mr. Her�dryx directly, you may do so via email jimh@ci.tigard.or.us or phone 503.639.4171 x2443. fn the meantime, the city has some information regarciing its long range planning on the city website. Yau may find these resources useful: http://www.ci.tigard.or.us/citv hall/department�/cd/lonq ranqe planninc�/default.as� Thank you for visiting the City of Ti�ard website! -Victor Soares ------------------------------------------------------ Victor Soares Web Administrator City of Tigard, OR Phone: 503.718.2404 E-mail:vi�tor@ci.tigard.or.us ------------------------------------------------------ »> <�v�bteam@ci.tigard.or.us>03/21/03 08:45AM »> SITE FEEnBACK ----------------------------------------------- Feedback Type: General QuesYiori Name: Laura Neish Phone Number: 503-684-3451 Email Address: ml.neish an.verizon.net Feedback: This request is made to the Planning Commissian. Tigard Schools are hurting from lack of appropriate funding. Class size is rapidly increasing, teaahers are being cut as are the number of school days. While The City of Tigard may not be able t4 affect the budget from the state level in any great way,they can lessen the impact by inteliigent grawth plar�ning. This is not what the residents of Tigard are seeing. What we see is housing project after housing project going up-too many houses in too small a space. V1lhiie this may be what Metro wants-higher density--our schools can ill afford#he increase in students and burden on our public schools. Additionally, as the livability decreases (an affect of this kind of rampant growth) , so will home values decrease, leading to reduction in our tax ba�e and compounding the issue. I could also speak about how ugly and poorly planned and constructed these new developments are, but that is another matter entirely. Bottom line--please raise the standard for approving development. Require better studies on the impact new developments will take on our schools, � our traffic, �ur sew�r and utllify systems and our quality of life. To date, the Pianning Cammissir�n has NOT been living up to their responsibilities, Please respond to 4his corr�ment. Let me know what i can do to help this situativn. I'lease, let us work togefher to keep 7igard one of the mast livable places in Oregon. C�: webt�am pw�p.�A ■q� ■ww�� ci•rv a�ARL� ��.//'9�� N��V ��I��I�O� . - OREGON �4L�L C/��9� FIEARI(dG D/�I'�: ��/�� STA�tTI(V� 1'9MI�. �'� �OAAMIS^I�NERS: � Ma(�K PAD�ETf �PR�SIDENIC� -- JUDITH ANDERS�(V (4/I��-PRESID�NT') � JODIE BIENERTH � GRETCHEN BllEHN�R � BILL HARCI� �,� GLENiV �V1ORE� V J U DY IVI U IV F2O �✓ SCOT SUTT'ON EILEEN WE�� RE�:CAFFALL (alternate) STi41=F P�tESIENT: DICK BEW�I�SDORFF JIM HENDRYX BRAd KILBY B/�R�ARA �HIE�.DS � MORGAN TRACY JULIA HAJDUK MAT"I"SCHEIDEGGER DUANE FZOBERTS �RIAN RAGER BETH ST. AMAND ✓ GUS DUENAS • . i;�� /�' � � . __. ..... .�.._..TV .._.._.M.�_..__ __.,.__.._ . ��'�� /�►�� , P.O. BOX 370 PNONE(503)684-Q360 L�g�' TT 10 2 0 5 Ido4ice �EAVEf�TON,OREG.ON 97075 Leg�� Notoce Advertisir�� rCity of Tigard • 0 Tearshee4 Notice i3a.a5 sw Fia11 aiVa. dI'igard,Oregon 97223 • � Dupiica4eAffidavit Accounts Payable e � AFFIDA\OIT OF Pll�LI�ATfORI STAl'E (JF OREGOIV, C�LDNN OF WASWINC'fC�f�, �ss. a, Kathy Snyder being first duly sworn, depose and say 4hat I �m the Advertising � Director, or his principal clerk, of th�laa.rd-Tualatin Times a new�paper of ge�ergl circul t�on as.defined in ORS 19�.010 and 193.020; published at �'1qard in the aforesaid county and $ta4e; thatthe Public hTearing/ZOA2003-00001 a printed aopy of which is hereto annexed, evas published in the entir� issue of said newspa�er for ONE succ�ssive and cons�cu4iWe in the fotlowing i�aues: April 3,2003 Subscribed and sworn to fore me this 3 rd day of Apri 1,2 0 0 3 �, :��:_.�..-:��,:.>�:., r V.,. OFFICIAL SEAL �i / Not Public for Ore on �� "� �q��'� A a�R��S �d 9 ��; NOTNRY PUBLIC-OREGON � � �'�� COA�PAISSION NO.3445Fi9 �` My Commission Expires: t MY COMFn�ccinfJ i:''^';;=,?I,^"•��2005 N; �++R� -:::. ,.:u . ' AF�iDA1�IT .. _._.. ,�z,R�=_�. , � .. . .. . . . . . �The �allowing .�v'i11 be canside�d. by ��c. '�i�ac¢ �°,1��m�: 4+Coni�nisadon nn Mop�d'ay Apr1121,2009 �t 7:0@ l�l�,a�the T�gard �Civic Lentex e`Tovvn Hall, 13,125 $V4?Hal��vd.,Ti�acd,O'regan; ;� �Publ'ic or��or Writtei�testimohy is invYted, 'I"he pub(i�hesring on#His �matter v(`r#Il"be held Eutc�ez�'fitie 1'8 and�iules ofproc�`dtue a�loptet��i�j+!I j the �auncil;and a"vail�lble'af City FIaI�,or#1�e-�ules�o�pracedats s�`�! forthi iritSeotion>Id8':�90.060E`��'The P.leinneng'aa�nais�ion's��tew�i�s;; 'foa�thdT�{u�reis�d+nf+inaking,rsr�ccrrn��,c9�tiq�jrto��heiC�ki,Y C�un�}�,�; the.requtst:.;{:'Tfi� �bun�'it-•y�ill-the�t �ea�e�„a,p,ublic;l}eur�n,g on,t�e, r.egaest prioz to maki�g a,da,clsion._,:: �,��; , .� :,. ; � .;��.; Fwtlier inforan�tiori> rnay ,'be bbt�i�e�, frorn ��e';C�ty of�Tigaxd Plan�ing�iv�sia�ro at,1.3125�W Hall`�tvd.,Z`igatd,,Qr�gon 972�3 or, � � by ealti�ig S�3'�-b39-4.�'11. �' � . � E" �BI:rI�,r�A1�H1\TG��'.N�. �' ",•� , Nd &� , (7 j' �0 a' �� ]I��d�iJEST: To ainelid tlie`I-Ibrne Oceupatio�i requ�rementsj�withih: �� 'T�gard Dev'eto�ment Code to a11ow �z�o more,fhan��,5��,��ly cusdorners or�clie�fs between;the}:ouTS b�$:UQ.AM to 8 QO.P��}�nder: `th� 'T'yp� I: 'I3ome Occupation �'ermit, :anil tci addy}�vez�l�eage acknowledging ielecammuti�g�nd exempt tetecoinmutsrs:t'ro�n the Home Oecupatxori'�'ePmit requixeman¢s,;::�•As th'ese� a,'re only - r�commendec�.;ametidrnents, .tY�e Plaru�in�;• Corr�missi�n�•ancj City Coun�il may ogt to modify t;tfie speci�c.tanguage or ntake ch�uages to oYher �elevant sec'tions of Chapter fl8.742'(Home Ocoupations). �.i3�A:TI01►1; �itye!vide.� ZONE: N/A. AI'PI,�CA�I.E.ItE�VIEVY' CRITERit�: Statew�de Pl�nning Goals 1 and 2;,Compreh�n'sf�� 'lan'�'Qlicies 1 as�d�,�nd'Comrn�unity De�uelopment Code,�h��is , 1�,380,.�.8,390�nc$'A$,742, - " . „_� ' T'T'10205-Pe�btish Apri13,2UO3.' 'TICiA� �'LA I�tC� �C�IVIIVIISSIOI� 1V � CIYY OF TIGARD OREGON NOTICE: I'�Ol�i.�V�SI�TG'd'O�l'EAK�►N ANl'i'I'1�1�M�IST P�C'I'Ii�II�NAIO�E AND AaDI)FtF.�S aCbPI'�'gII��i��'['. AGENDA ITE14I#: „�' , 0 � Page 0 of DATE OF HEARIIVG: /�� /p� ��.s�M�r��E�(s>: � v�4 �-cro � — o v o a � f� c cu. � d� OWNER/A�'1'I.ICt�NT: ,� uL�.,�' �' � �, �f7'e�1�r�`j.t�i�.'� I.�CATION: . C/� Gt/1��l-�- �I�EASE ��II� 5t'�iJ�i�T�,10�, �D1�S5, AI� ZII' COI�E ' PItOP01`�1ENT (For the proposal) OI'PON�NN`� 4Aga6nst the proposa!) (Print Name/Address/Zip&A.Q'aliation) (Print Ncrme/�ddress�Iip&Affiliation) Name:' Nacne: Address; Address: Citv: � State: Zip: Citv: State: Zip: Name: Name: Address: Address: City: State: Zip: �ity: State: Zip: Nam�: Name: � Addresst Address: Cit�: State: Zip: Cit� State: Zip: Naine: Name: Address: Address: Ci� 5tate: Zip: Citv: State: Zin• Nacne: Name: Address: ' Addeess: Citv: 3tate: �ip: ' Citv: 5tate: • Zip. , � Agensl� It�m: � � ( F�earing Date: April 22,2002 T'ime: 7:�0 F�IW STAFF R��aRT TA TH� PLANN�NG CON��ISSiON CITYOFTlOdRD Community�DevelopmenG �DII T��0��'IGA�D�oI1S�� S(a.piryfA�l3ettsrCommunity S��TiO�J Ie AP'PLI��,TIC3N ��JIV�IVIA�RY CAS� N�i11�E: WOME t)CC9JPATI�N CHAN�ES T'� �►LL�VII LIIVIiTED CCDSTOMERS e�ND A►CKNOWLE�C7E T'ELECOiVIiViIDTIIVG CASE NCD.: Zone �rdinance Amendr�ent (Z�A) Z�A2003-OAQ01 PFtOPO�AL: l"o amend the F'lanned Developmerit requirements within the Tigard Development Code to allow a limited number of �ustomer� under the Type I Home Occupation Rules and add ianguage to acknowledge the benefits of fielecommuting. A►PPLIC�.9VT: City of Tigard t�4NN�Re N/A 13125 SV�I Hall boulevard Tigard, OR 97223 ZONE� N/A. LOC�iT80Rl; Citywide. APPLICA�LE REVIEW CRI1'ERIA: Community Dev�lopment Code Chapters 18.380, 18.390 and 18.765; Comprehensive Plan Poiicies 1.1.1, 2.1.1, 2.1.2, and 2.1.3; The Metro 2040 Plan; and Statewide Planning Goals 1, 2, 5, and 10. ;. SECTION II. �7AFF REG091AiVIEfVDA7'IOIV �taff recommends that the Planning Commission discuss the proposed amendments and rnake� revisions as determined through the public hearing process, then make a final recomrr��ndatiUn to the Tigard City Council. ZOA2003-00001 PAGE 1 OF 8 4/21/03 PUBLIC HE,4RING STpFF REPORT TO PLANNING COMMISSION � SECTION ilt. �0�►CKGFtC)Uh�D l�Ft�►F�P+�e4T6�N The City Council directed staff to examine th� present Hom� Occupation rules to determine whether changes to the nrdinance were in order. �he reque�t was the result of Sherrene Walker, a piano teacher who wished to give lessons from h�r home, flllls. Walk�r proposed having up to 15 students a day, beginning before schooi hours, with ar� caccasi�na! small gatherirog recital. Under present requiremen4s, a Type II Hame Occupatiar� Perrnifi vvould be required, but �r�ly aliows up to six (6) clients per day, between the hours of 8:00 ANi and 10:00 PIVI. A number of hom�-based business applicants have expre�sed that the current HOI' rules are too limiting, and that they would prefer more flexibility based on the site characteristics, and the part6cular business operation. Conversely, the City has�also fielded complaints from neighbors of existing home based businesses, and concerns from neighbors of proposed 1"ype II home businesses with regard to impacts on �rivacy, noise, parking and storage prablems. Most recently, a proposed hair salon received much publicity, due in large part to the concerr�s of th� nearby neighbors. Staff found that the saian met the standards for a Type I I home occupation permit, but the decision was appealed to the Hearings Officer by the neighbors in opposition. The Hearings �fficer agreed that the standar-ds for a Type II HOP had be�n met with the imposition of several c;onditions of approval. Staff met with the Planning Commissia�n during two separate worksessions (November 1�, 2002, �nd February 3, 2003) to discuss various optians to amend fihe home occupation rules. The Commission realized th� difficulty in developing standards aimed at curbing "probDem" type busir7esses. In developing these restrictions, other more residentially compatit�le type businesses would be P�amper�d. Conversely, by creating additional allowances, more opportunities existed for probl�m busin�sse5 to exploit loopholes. The cornmission's con�ensus from those meetings w�s that relaxing the rules for a Type II Home Occupation would overall have detrimental impacts to the surrounding neighbors. The discussion then extended to Type I F�ome Occupations. The Commission noted that th�re were a number of businesses with infrequent customer contacts and virtually no external indirations of a business activity, that shouldn't have to go through the lengthy and costly pro�cess required for Type II Home Occupation approval. These include businesses that ar� �rimarily paperwork related such as accountants, attorneys, and architects. Instead, �he commission felt some minor revisions to allow a limited number of customers for Type !'s shauld be considered to simplify the approval process for tr�ese generally non-impacting � businesses. Af the same time, the issue of telecommuters was raised. Are these people required to have F a home occupation permit? The code was nat clear, alfhough it has been the practice not to require a home occupation permit if someone is employed by a separate office, as they are doing business through an off site establishment, and not "frorn" their homes. Nevertheless, the Cornmission felt that the definitinn of a telecommuter should be cl�rified and an explicifi exemption provided for teleaommuters placed in the code. Additionally, the benefits of telecommuting on the community shoufd be�reflected in the purpose statement of the code. ZOA2003-00001 PAGE 2 OF 8 4/21/03 PUBLIC HEARING STAFF REPOR7 TO PLANNING COMMISSION This report refilects those discussions, and propose� s�ggested code langtaage. SE�Ti()N 1\l. �liliPlNl/�f�'1f C'F �1��'LiCa4�L.� CRITERIA �hapt�r °!8.380 st�te� that legislat��r� text a��ndrnents shaBl be �arad�rtaken �y rneans of a T'yp� IV presc�da�r�, as g�v�rned by �ec�ion 1�.390.060C�o Ch�pt�er 1�.3J0.060� �ta��s that the recommer�da$ion by the �omrni�saor� and �h� de�i�ion by the �ouncil shall be bas�d on cow�sici�r�tie�n of th� follovving f�ct�rs: a 'The Statewide Pi�nnir�g Go�ls and Guid�lines �dopt�d under Oregon R�erised ' Statutes Chapter 197; Notice was provided to DLCD 45 days prior fia the firsfi scheduled public hearing as required. In addifiion, the Tigard Deveiopment Code and �omprehensive Plan have beer� acknowledged by DLCD. The follflwing are the applicable Statewide Pl�nning Goals that ar� applicable to this proposal: Stafiewode F'lar�ning C�oal 1 — �itiz�n Inv�lver�ent: This �oal outlines the citizen involvement requirement for adoption af Comprehensive Plans and far changes to the Gomprehensive Plan and implamenting documents. This goal has be€;n met by complying with the Tig�rd Developmen# Code nofice r�quirements set forth in Chapter �8.390. Notice has been published in the Tigard Times IVewspaper prior to the public hearing. As the proposed changes represent a lesser restriction to allowable uses than what presently exists, no �allot Measure 56 specific nntice was reyuired. Two Public Hearings ar� held (one b�fore the Pianning Commission and the second before the City C�uncil} in which public input is welcome. The City CiT members were also notified of the prr�posed changes. Sta�tewide f�ianning C�oal 2 — Land Us� P9araning: This goal outlines the land use planning process and policy framework. The ComprehQnsive Plan was acknowledged by DLCD as being ce�nsistent with the statewide planning goals. T'he Development Code impleme�ts the Comprehensive Plan. The Development Code establishes a proc�ss for and policies to review changes to the Development Code consi�tent writh Goal 2. The City's plan provides analysis and polici�s with which to evaluate a request for amending the Code consistent with Goal 2. . Any applicable fVletr� regulations; 7itle 1: (M�tro code 3.07.110-3.07.170) Fteqeairements for Housing and Employment Ac�ornmodatior� The H�me Occupation provisions are not a consideration for Mefiro's calculation of �mployment density. Alteration of the rules governing horroe occupafions will therefore not affect complianc� with Metro's Cade and Functional Plan. ZOA2003-00001 PAGE 3 OF 8 4/21/03 PUBLIC HEARING STAFF REPOhT TO PLANNING COMMISSION . Applocabie Cornpr��ensive Pl�n Pc�licies: �mmpreher�siv� Plaa� Policy 'l.1.1: This policy states that all future legi�lative changes shall be consistent with the Statewide Planning Goals and the Regional Plan adopted by Metro. As indicated above under fihe individual Statewide and Regiana! Plan goals applicable to this proposed amendment, the amendment is consistent with the Statewide Goals and the Regional Plan. Cornprehense�e Plam Policy 2.1.1: T�ris policy states that the City shall maintair� an ongoing citizen involvement program and shall assure that citizens will be pravided an opporfiunity to be involved in ali phases of the planning process. This policy is satisfied becau�e notice of the prapased amendment was mailed to all Citizen Involvement 7eam (CIT) Members and the amer�dment was announced at a reguiar monfihly Focus on Tigard (formerly CIT) m�eting. Notice was published in the Tigard Times af the Public Hearing and notice wili be published again prior to the City Council public hearing. Public input has been invited in fhe notice. Coenprehensive Plan Pm96�y 2.1.2 and 2.1.3a In pertinent part, this paiicy states that the Citizen Involvement Team program and the Citizen Involvement Team Facilitators shal9 serve as the primary means for citizen involvement in land use planning. Policy 2.1.3 �fiate� that infarma�ion on land use planning issues shall be available in understandabl� form. These policies wEre satisfied because notice of the p�oposed amendment was mailed to all Ci�izen Involvernent Team (CIT) Members and the amendment was announced at a regular monthly CI"f ine�ting. The written notices were written in pl�in understandable form, and included phone numbers and � contact person for anyone wha may have questions. . Any applicabfle provisio�a of the City'� imp9ernent6ng ordinances. Code Sa:cti�n 1�.742: This chapter establishes procedures and criteria for establishing a Home Occ�spation business w9thin a residence. The purpose of this chapter is to permit residents an opportunity to use th�ir homes to engag� in small scale business v�ntures which could not be sust�ined if they had to lease commercial space. This chapter also serves to establish standards ta ensure that home occupations are canducted fawfully and subordinate Yo fihe re�id�ntial use of the property and are conducted in a manner that is not detrimental or disruptive to neighborir�g properkies or residents. The proposed amendment will not a�fect the ability for residents to utilize their homes to eng�ge in small scal� ventures. Staff, however, has cancerns that the proposed allowance far clients visiting the residence under the Type I Home Occupation permit may be disruptive to neighboring propertiss or residents. This is discussed further under the Staff Ar�alysis section, below. ZOA2003-00G�01 PAGE 4 OF 8 4/21I03 PUBUC HEARING STAFF�REPORT TO PLANNING COMMISSION � Cod� �ection 18.3�0: This �e�tion regulates amendments. It outlines the process for revi�wing (�evelopment Coda Text Amendments. The present amendment will be reviewed under the Type IV legisl�five pracedure as set forfih in the chapter. �od� �ecti�n 1�.390: This �h�pter establishes standard decisian-making proced�res for reviewing applications. Th� amendment under consideration will be reviewed under the Type IV I�gi�lative procedure as detailed in the chapter. SECTION i/. S�'�4FF AN,�L�'SIS The proposed amendments do add grea,ter flexibility for the small business oper�tor who has very few client contacfis. The intention of this all�wance is to enable a bookkeeper, accountant, or other predominantly paperwork orientated business to have an occasional clienf over fo sign papers, or for brief consultations. Presently, even this occasior�al visit would require the proprietor receive appraval of a fiull-blown Typ� II Home Occupation permit, compiete with a 5-6 week review, public notification, and $215 fee. With these revisions, a simple Type I permit process, issued over the counter for a $30 fee is all that would be r�quired. �econdly, the propo�al offers an exemption to those people who work for a business, but do so fram their harnes. Th� code is presently silent on whether or not these people, commanly ref�rred to as telecommuters, require a home occupation permit. VVhile it h�� not been the practice to requir�e telecommuters �o obtain a Home Occup�tion permit, sinc� it is not explicit in the code, there remains the potential th�t the practice may change over time. In general, if someone files their taxes using the home address, then they are required to have a Home Occup�tion Permit, otherwise, if the business address for tdx purpases is elsewhere, then its assurr�ed they are telecommuting. Staff agrees that telecommuting is generally a positive c�ntribution to the city as it reduces the demand on our city str�ets, saves fuel and reduces pollution, and pravides a more constant presence in our neighborhoods to monitor and report iilegal activity. The difficulty with these proposed changes i� constructir�g definitians that are broad enough ta cover the various types of businesses that have infrequent needs for customer visi4s as welf as telecommuters, but narrow enough that the pravisions won't be exploited. Also, there are concern� related to the fea�ibility of enforcing some of the proposed revisions, as fihey p�rtain to number of visits permitted per a week long period. This would require that if a complaint were filed, the enforcemenfi staff would have to maintain a record of the number of visits during a whole week to see if mare �han five bu5iness related clients showed up at the house. How does one distinguish a business rel�ted visit from a persanal visit? Under the pres�nt guideline�, the enforcemenfi staff need only canfirm one visitor as a business customer to realize that a violation of the rules has occurred. By introducing an allowance for a lirriited numb�r af rlients to the residence, the ten�ency fo� the bu�iness to continue growing beyor�d the limitation will not be in check. Sinc� Type I permifis ar� issued without natice or opportunity for an appeal, the neighbors will not be aware of the fact that a ZOA2003-00001 PAGE 5 OF 8 4/21/03 PUBLIC HEARING ST/�FF REPORT TO PLANNING COMMISSION business is being conducted, but will notice an increase in traffic and activity at the hous�. If they are r�at aware thafi ther� are rules limiting the extent of the busines� vi�its, they might not be inclir�ed or knov�to �ife th�ir complaints with the City. As for th� prnposed exemption for telecommufers, while staff agrees that#he concept behind telecornmuting shc�uld b� supported for its community benefifis and low neighborhoad impact, the difficulty in explicitfy ciefining the term is froublesome. The proposed language is d�rived from The IVierriam W�bster Dictianarv� to wark at horrre by the use of an electronic linkup �vith a cenfral ofFice. The ,4rnerican Heritage0 Dictionary of fihe English Language Faurth �difion define� Telecarrimuting as: To work at home �sing a computer connected to the network of one°s employer. However, each ot these definifiions is so broad, it can be construed �o i�c6�de real estate and insurance agents, Avon and Herbalife salespeople, or numerous indeper�dent contractors �rho run their office from their home, but are tied into their project company's computer �ystem. The danger with the exeenption is that the various standards th�t apply to other Type i hom� occupations, �uch a� size limitations, prohibiti�ns on clien� visits or outside empBoye�s, parking limitations, and other nuisance standards in this chaptsr wo�ald not apply. �Jne possible alternativ� wauld be to further clarify a telecommuter as a regular employee of a parent company, who is covered ur�c�er the terms of the parent company's business license nr tax. To prevent patential impacts to residenfiial neighbors, rather than exempt telecommut�rs, they v��uld be subject to the Type ! Home Occupation 5tandards, but exempt from the fee. One affierna#ive fihat had previously been raised was removing the Type ! permit farm prc�cedure, as the sarne information is collected on the City's business tax form, which is alsa requir�d of all hom� occupations. This would save the applicants and staff tim� in proces�ing a redundant form. The business tax form wouid ne�d to be modified to inc9ude a section pertaining to operating a home based business. The applicant vuoufd irritial � box fihat listed the basic standards fior a Type I Home Occupation, signifying th�t th�y acknowledge and agree to abide by the 5tandard�. The fee for fihe Type I �lame C.3cc�apation would be repeaEed, but would be integrated into the �usiness Tax fee, in the form of a cod� compliance s�rcharge. This would be tu cover the cost of code �nforcement fihat is e°equired on �II business activiti�s, �'rom sign code enforcement to idPntifying and citing impro�er home based businesses. Othe� considerations in thi� proposed amendment inrlude O�S 197.047 (i.e. Ballot Measure 56 notific�tion) which requires that far any land use related legislative action that limits the aliawable u�es of prop�rty, individual notice to all aff�cted praperty owners i� req!aired. As the am�ndments as proposed in this report represent a "foosening" of the standards and restrictions, no individual notice has been mailed. If the Commission determines that �reater restrictions should be imposed, then re-no�ification may be necessary. ABsa, areas outside the City limits in fihe county's Urban Services Area that are ur�der tl�e Ci4y's planning juri�diction, are subject to the City's Development Code, but only as the code was adapted formally by the county board of supenrisors. Any change #hat is subsequently � impl�m�nted by the City must then be r�tified by th� County Supervisors before the rules are �ffective in the "llrb". In the interests af fairness and ta facilitate administration of the code, the City should consider structuring its ordinance 4o become effective simultaneous with the County's adaption and effective date of th�se changes. ZOA2003-OOOQ1 PA�E 6 OF 8 4/21/03 PUBLIC H�ARING STAFF REPORT TA PLANNING COMMISSION Lastly, it should b� noted that the County a�opted additional home occupation standards to address the concerns af the Bull Mauntain residents when the intergovernmental agreement wa� si�ned. These additional 5tandards include prohibitions on the outside storage of inventory, equiprnent, or vehicles associate� with fhe home occupafiion; prohibiting the distribution of m�terials or sales of any kind from the home; and prohibiting the parking of a comm�rcial v�hicle (includi�g a truck, trailer, or fifth wheel) c�sed for the hame occupation. SEC1°I�3fV VI. O�'FI�R ALTE12N�1TIVE� P10 Action - The present home occupation standards would rernain in effect. Limited Acfiion — Provide � fee waiver exemption for te{ecommuters, as defined in the proposed am�ndments or as furth�r refined, and acknav►rledge the benefiits of fielecommuting in the purpose section of the chapter. Alterr�ate Action — Make Type I Home Occupations an exempt procedure similar to issuance of a business tax, subject to present performance standards. Type I Home Occupations would be tracked by the Finance Departm�nt along with regular businesses. An annual code compliance fee would be imposed on all business taxes to ofF-set the costs of enforcing illegal signs, and irtlproperly operated home businesses. This would eliminate ane additional application form and procedural step in issuance of Type I Home Occupatian Permits. �xpanded Acfion — Make other r�visions to the Hnme Occu�ation standards as identified thraugri the public hearing process. �ECTIC)!V Vli. AD[�ITIONe4.L �Il°Y S7'AFF � 0�9TSIDE AGEI��Y C��diIA��IT� yh� Cit� of Tigard C�de Cornpliance Offices° responded with several commen�s. She notes that fhe tim� allQwance provided for Type I NOP clienfis differs firom Typ� II client visits (8am to 8pr� versus 8am to 10pm). With regard to the proposed exemption for "telecommuters" she nofies that Herbalife and Avon salespeople, insurance agents, and pyrarnid schemes could argu�, for �xample, that "the corporate office is in Texas, and I send and receive e-mail from there..." The code cornpliance officer has had firs#shand experience in enfiorcing the existing home accupation standards and notes that there a�e other sections of the chapter that could be clarified to facilitate successful enforcement of improperly operated home businesses, such as: Sectaan 18.742.Q40(A)(2) — add the follawing language "there shall be no morE than 3 deliveries or pickups by suppliers or parcel serveces" Section 18.742.050(A)(1) — . add language addressing sub-contractors, such as "The following characteristics of a Type I home occupation shall be prohibited: a. outside volun�eers, employses, subcontractor� or a�y oth�r work related personnel that are engaged in the business activity other fhan the persons principally residing on the premises." Similar language should appear for Type il permits und�r 18.742.050(A)(2)— "No more than one autside volunteer, employee, subcontractors or �ny other work related personnei ZOA2003•Q0001 PAGE 7 OF 8 4/21/03 PUBUC HEARING S7AFF REPORT TO PLANNING COMMfSSION wha,is not a prin�ipai re�id�nt of the premises." Sectior� 18.742.070(A)(2) — clarify tl�e terms "excessive traffic" and "�xc9usi�oe use of an- street parkir�g" in subsections (a) and (b). Alsa, add a provision to revoke a Home Occupation Permi�, such as "d. the applicant h�� pr�vided f�ilse inforrr�ati�n on the �ppl�cation, or has �ubs�quent[y intensified the nat�sr� of �he business beyond the origin�l approvai." T'�e Cit� of 'figard Le�ng Rang� IPlanni�g �ivasion has had an oppo�tunity to r�view this proposal and made several comments. Prir�narily, the cancerns focuser� on the lack of cl�arly defined fierms, such as "central off-site office" and "telecommufiing". Wi�h a iack of clear definitior�, especially as it relates to �xempting "telecommuters" there exists the potenfii�l for abuse of the purpose af the code. Far example, a fielemarkster may make the argument that fhey are merely telecommuting, and do not need a home oc�upation permit. Moreover, 5ince they are exempt, the size limitations, perFormance standards and prohibition against outside employ�es would not be ap�licable. With this consideratior�, it is very important that the definition be precisely consfiructed to achieve the intent of the commission. The Ci�y o�' 1'igard Police D��rtm�rat has had an opportunity to review fihis proposal and has no abjections. �'h� �ity ofi Durham has had an opportunity to review thi� prnposal and has no objections. The Ci4y of ��av�r�on has had an o�portunifiy to review this proposal and has no objections. The C6ty of hCing City, �he City of Lake Osdwego, the City of Po�t9and, th� City of Tuat�$in, IVletr�, and VVa�hington County were notified of the proposed amendmeilt and did not respond. AT�'ACFINBEfVT: Exhibit A— Proposed Deveiopment Code Text Changes � April 14, 2003 PREPAR D �Y:MORGAN RACY DATE Associate Planner � ; April 14, 2003 APPROVED BY:DICK BEWERS RFF DATE Planning f�llana er ZOA2003-00001 PAGE 8 OF 8 4/21/03 PUSUC HEARING STAFF REPORT TO PLANNING COMMISSION � W�� o _ ,__ ..,. .,.�.__..,__...____ - �i��1Y1�IVl.� ��i� P.O. �OX 370 PHONE(503)684-0360 �'�� BEAVERTON,OREGOR!97075 No83ce TT 10 2 0 8 Legal Notice Adver#ising �it� o:E Tigard • Cl Tearsheet No4ice �_�ia5 sw x�i�. PiVa. �i'i gar_d,Or�gon 9 7 2 2 3 ° [� Duplicat� Affidavit Accoun�Ls Pay�ble � • AFFID,I�\09T OF P�1SLI�a4TION STA�'� OF OREC'OM, ) ��UNTY OF WASFIINt�i°09V, )ss. �, Kathv Snvder bein� fdrst c9uly sworn, depose and s�y that I am the Advertisina DirecBo�, or his princBpal clerk, of th�_lc�ard-Tualatin T�,mes a nevvspapa�r of gerserai ciraulation as defined in ORS 193.010 �nd 193.020; pubfrshed at Tigard in the afor�sa6d county e,nd sgate; that 4h� Public Hearin Amend CIP Bud et FY 2003 3 a prihted copy of�ohich is h�reto annexed, vvas pubiished in 4he ; entire issu�of said newsp�per for O��E successive and consecutove in th�following issues: April 3 ,2003 Sub�cribed and gworn ta e ore me this_3-rd d a� o f A r; 1,2 0 0 3 .. --. .�.�.�-�:�.:.�.�,�,�-y..-,�.,�,:��,, ' i�' O�f=1CIAL SF�L �; . Nvt Public for Or�gon , p +�x�` `��» � 6UfiGESS � � ��..��F:',;` NOTARY f�UBUC-OREGO�I My�dmmiss�or� Expires: � � COA-it;AISS�ON PJO.3445p9 � k�rc,esYw�MY C�M�A��qi(�Id F`vF�c.: �,i`�lfi��C�S kf , AFFI[?AVB�' - �-� �. .,. .<�::;.. �� ;'s �� l�ot�us of P�ubii�7�.�_ � �� -;�:' � R a � T�c TYCpARi3 CI'�1'P�,AI�IIIVG:CCPil�l��i� ;�p�, , ' �.��' � at'ft00`P1Vi aEthe City afTigaXt�,�'own I-�ail, �3��5 � _ �3aI1��[�c�., � i '�i��rd,(7��$on,W�11�c�nsider �� ;�''� , � Capy oF anfarmatio�i�available�t City H�l�, 131 ZS S`N k�all Blvd.,? � Tigard,"Uregon 97a23. �'urther information ma�+ be obtained from � the IEngineea�ng I?epartmei►t'liy ca14 503-532=4171'extensian,2,465, ! AMENIDM;ElY'I'.'I'O'PFI��''Y 2003-03 CdP��TDGET , ��nnita�oac9 Reeoaestru�tion Proj�c# � ; < , ' Bon�ta��oad is a co�lector street th�t earrie§ovar 22,Q00 vehiele�s�er' da�+ A�isua�inspecEion con�mi�Uy gepteelinical in��stigation of the stieet �teuctu�L�section, ia►dicates that t�i� segcnen� bet�v�en'l�all B�v�#. and k'anno�reek B�►d`ge n�eds ta,b'e recos�s'Gructed asi sdon..as` � � possible. ;� : ' �� .` � ' ;: �: : � � , This reque�t to Plarining'Gommission .is to add the Bon��a.Road: ; P�oject`and delete a�pro�ect in �he FY?�OG13-03'�IP to rec�onst�nact ; No�th Dakota (G'teenb�rg,,Road�:ta 95t; ,P��ernue� B�sni(ca aR��d ea�`ri�s signifioa�nt�y �oxe ,tr��ffic "tha�n� I�or�h I)al��pt� 5��a � neighborhooii ro�te) and the.'need fo`r reccinstruuCion is �n xe- pr�eSsirig, There would be no s�iange m th�cjveratl`�rY 200� 03,�IP' Bud�e amc�unf. T'h�:lVortti D�kota St pra,e�t�wquld be resc,hetiu�ed fo,'r ixnpteinsntatiaat i'n�a�'uture f soal year,-: -, `' p ,a : Se��ratian of t9�e I�3aM1,Boute��rd/4'�'�11 �QreeE��i[tersec�[cen �na� Apg�ro�clees Y°r�ject"�'�na the�xop�sea� V�'�Rl �ta�eet LI1C!'�(Local ien�s�aveme�at]Diytrpct) ',` ; 'k�!a(1 Street is � nev� collec�br street identdfiec€ in tih� '£igard Trans�oz��tion System.Plan �t"` as added in 20�2'to the GnunGy,wzde: 'Ttaffic Impact�ee Base Repdrf as a�'IlF-eligible faci(ity. '�'tke design o#;�?J,a11 Streeti fi�orr�'ifc inter's�otion with,I3a11`Boulevard;to its int�rsectiox�vvith I�uri�i�Cer Street is funded in tlae k'Y2(302-�3 under t1ie.Wa11 Street 7.,ID�iarid:An amoun't of$3UU;000 in TIF£�nding is ' `a�ailable undee that€unii.�oi enginee�ing design costs. - ' �,' � '�his atnendanea�#;';y✓ouiil;separate,the .�all iBoulevard/Wal�l Street intersectioi�and�pproacties from�he pr.oposed LAD so fhat it coul� be,8esi�ne� and.const�ucted as<a City prajec#. ' 'The new Library Peo,cot and the.Fan+io Pointe P9�oject(irnmec�iaiety'south af the new Library.sit�) are two,develapments currentty undenvay,; I� wi�uTd desit°able for"bflth develapm�n��to h�ve one,ec�mcnon aocess po�in�`,� Hall Boulevard aloa�g the`s�l��tesi W�Y�' �treeC �tligni�ienC, 'i'�re i�texs�ction,project`�oul�v�id�n'Hall Boulevard�along the Library + at�d Fanno�'i�int�`firontx�es and construct a segmem�of Wall atr:eet ' �orig enough to pro"vide.a�comrnon ccess point�to Ha11J for the�Ewa�: seg�ment o£WaII'S�re�t lo�g enoug�i�to prov�de a comxnon access. � pqint to I�3fal1 fdr�the tvro .develo,pment prn�ects,' fihe ezt�ns�an,b� W$1� Street from the segtnent to connect to I-�unziker S�reeC-would ( rei�ha�i��der the�propo��d Wall'S�reet I,ID projeot. That se�e,nt � woulcl be canstxuctad°,onl'y, i'f.the LID is se�cc�ssfully fornae,�,'.R f�td- . per�nits,are obtained fo, Gcoss ttfe v�etlAnds,:Fanno Creek,,an��jtlne; ei�esti�ng ra�lroac�'trac��,. TT�'0�08 Publish�A�p�i13;2i)03,.� �,Id;'' , .' TI(��►.RI� �LA. �lv� CO�VI�II�SIC)I�T � cirv aF ric,�Ro oREGON NUTi[CE: PEC)PLE�SI�II1�iG TO�P'EAK 01�1 A1VX I'1'�1VI M�J�'i'PIt1QV'I"Y'I�EII2 NAI�AND ADDItESS ON TI�IS"�E�'I'. AGENDA ITEM!J: v�V� Page,�of DA7'�OF 1HEARING: /�s /�-� CASE NUMBEIt(S): �I /`Y13��a��¢s °,�v� az�a - 0 3 C i 1� OWNER/�PPLICAN'I'_ � C°/�.� �� l� o. � L.00ATION: �j!a?7 i��- �pl. , ' � /! �i'��t / .S PI,EEISE�R�� YOUIt 1�1A.1VIE, AIDDI[�ESS, AND Zl� �OT)E ---------------------------------------------------------------- -------------------------------------------------------------___-- PROP(�NN�+EN'r (7E'or the proposat) OPPONEN'I' (.Against the pro�osai) (Print Name/Address2ip&A�Qiliation) (Prirt!Name/Address/Zlp&A�liatiat) Mame: Name: Address: . ' Address: Citv: � State: Zip: Citv: Stace: Zip: Name: Name: Address: Address: Citv: State: Zip: Citv: State: Zip: Name: Name: Address: Address: Crty: State: Zip: Citv: State: Zip: Nacne: Name: Address: Address: Citv: State: Zia: Citv: State: Zin: Name: Name: Address: Address: � � ' � . • ' ".. � Citv' State: � Zia: Citv: " State: Zip: : �.. 4 � ��ia�- �¢�„ s.�. ��°� o�`�wc�� ngdn�exing Ilepttrtnaent Sltaping A f3etter Corr«nunity ��IHAV�� R� 13125�W Hall Bivd. Tigard,pR 97223 Phone 503-639-4171 Fax: 503-624-0�52 TO: Planning Commission FI�C9M: t�gustin P. Duenas,P.E. City Engineer I)ATE: t�pril 10, 2003 SUBJECT: FY 2002-03 Capital Improvement Program Budget Amendments i hereby request Planning Commission approval of two FY 2002-03 Capital Improvement Prograrn Budget arn�ndments. Approval by the Planning Commission would be followed by subrnittal ta City Council for approval at the May 13, 2003 City Council meeting. The following are t��e amendments requested: A.rai�aadmeaat I�1o. 1 -�onita Road Iteconstre.act'son Project Bonita Road is a collector street that carries over 12,000 vehicles per day. �uring the construction of Durham Road from Hall Boulevard to 72°d Avenue in 1996, Bonita l�oad was used as a detour route and caxx7ed well over 24,000 vehicles per day for a 6-month period. The heavy volume af traffic over a period of years has taken its toll nn the street with severe rutting and cracks prevalent between Hall Boulevard and Fanno Creek Bridge. An overlay project a couple of years ago repaired a relatively short segment of Bonita�toad near the Ha11 Boulevard intersection.However,a visual inspectio�n,confirmed by geotechnical investigation of the street structural section, indicates that reconstruction of the rest of the s�reet is urgently needed at this time. Because of the serious problems that continuing rapid deterioration of that street could cause, Bonita T�oad should be reconstructed this calendar year if at all possible. Attached is a drawing showing the segments of Bonita Ztoad that are proposed for reconstruction during the remainder of calendar year 2003. The Adopted Capital Impravement Program (CIP} of the City of Tigard lists all projeets authorized to be developed or constructed in FY 2002-03. The FY 2002-03 CIF' includes a project under the Street System Program to reconstruct North Dakota Street (CJreenburg Road ta 95�' Avenue). Bonita Road carries significantly more traffic (12,000 average daily traffic) than North Dakota Street (less than 1,000 average daily traf�c), which is classified as a neighborhood route. Tlie proposed improvements on North Dakota Street can be delayed while the reconstruction of Bonita Koad needs to be addressed as soon as possible. The amount of funding allocated to the lvorth Dakota Street Project can be applied to the BoniYa I�oad Reconstruction Project for the remainder of FY 2002-03 without increasing the CIP Budget. Addii�g the Banita Road Reconstruction Project to the FY 2002-03 CIP and deleting the North Dakota Street praject would allow the design work on Bonita lZoad to prnceed irnmediately and would ensure tim�ly const�-uction of that project in the surnrner of 2003. Th� I�1orth Dakota Street project would be rescheduled for a future:Fiscal year. lae�uestecl Amendment: Add the�onita It.oad l�econstruction Project to the FY 2002-03 CIP and delete the North Dakota Street Project. There woald be no change in the overall FY 2002-03 CIP Budget arn�unt as a result of this annendment. Aanendment No. 2 - Sepaa�ation of t�ae Hall Boulevardl/Wall Street Inte�sectaan and Approaclaes I'roject froan the Proposed V6'all Street LII) (Lo�al Irnprovement I)istrict) Wall Street is a new collector street identified in the Tigard Transportation Systern.Flan. It was added in 2002 to the Countywide Traffie Impact Fee (T1F)Base�eport as a TIF-eligible facility. The design of Wa115treet fronn its intersection with Ha11 Boulevard to its ir�tersection with Hunziker Street is funded in the F�'2002-03 CII'rander the Wall Street LID Fund. An amount of$300,000 in TIF funding is available under that fund for engineering design costs. This amendment woulcl separate the iIall Boulevard/S�Vai1 Street intersection and approaches from the proposed LID so that it could be ciesigned and constructed as a City project. The new Library Project and the Fanno Pointe Project (immediately south of the new Library site) are two developments �uxrently underway. �t would be desirable for bath developments to have one common access point to �Iall�oulevard along the select�d�VaII Street alignrnent. The intersection project would widen I�all Boulevard along the Library and Fanno I'ointe frontages and construct a segment of Wall Street long enough to provide a common access point to Hall for the two development projects. The extension of Wall Street from that segment to connect to I3unziker Street would remain under the proposed Wall Street L�project. That segment would be constructed only if the�,�is successfully�ormed and permits are obtained to cross the wetlands,Fanno Creek, and the existing railroad tracks. There would be no change in the overall F'Y 2002-03 CIP Budget amount. A new project would be created to caver the Hall Boul�vard/i�Jall Stre�t intersection and approaches. The$300,000 available in TIIF funds f�r engin�ering designi costs under the Wall Street LID Fund wauld be reallocated as fpllows: ♦ Hall Boulevard/Wall Street Intersection and Approaches-$200,000 (TIF Fund) ! Wall Street LID-$100,000 (TIF Fund) , Attached are drawings showing the limits of the Hall Boulevard/Wall Street intersection project, and the extension of the rest of Wall Street to connect to Hunziker Street covered by the Wall Street LID. Memorandum to Planning Commission Regarding CIP Amendments Page 2 of 3 'I'he TIF aznaeant allocated for the intersection project would be sufficient ta�omplete the design work in 1� 20�2-03. Construction funding for the intersection and appraaches vvould be requested under the �.' 2003-04 C�. :,4.ttachrnents c: �ill Monahan, City NYanager C'rai�Prosser,�inance Director Torn Imdiek�,Financial �pexations 1"✓Ianager Vannie Nguyen,C�Division 1�Ianager I:\Eng\Gus�/lemorandums�Ivlemorandum to Planning Coxnmissian Regarding CIF Amendments.doc �emorandurr�fo Flaaning Commi�sion�egerd�*ag�'�'Am�ndments Page 3 of 3 �� ' �� COLO�{Y CRE- CT • � LAhIDMARK LN � FANNO 4R � �R F�Nt�O U �'Q Q p O ¢ �O � �� ,� FAf�NO CR ti °o �F � o F� � m � Z . r � BOfVITA RD � _ ////�//%%%/ / %00////// iiaiiiiaioiiiii ao��:� � �U � Q 8RlDGE � f-- MARA C� _ � -��i � 2 > � � S $a .o Q v � j o0 � � � � Z > � � � �° CAROLE CT = � � o � AAU OC T VIOLA LA AAA�1C� . �� ul��rd �II ��r�� I��r�e�tion ar�� pproaches . �i�LL ��V� � 1N,�LL S��ET � '� I � � � � r j � ► I � x � � , I ^ New rgprd L��ary I OA��ARA gT I t ^'� ; '� , , �� 1 � � - --, � � � � � i �- - , � � , , , � ,,� - - - - � � , i SiQrsofiae� ��TilTiTfTft(iTITfUI� intersec(iov� � W 111 W 1llLLLI1IJ LJ1U.Lf�, � ' -- _ ..�� ------- _ � Projre limits � REGiPIA L�d I r � — � � � �� ! _�— � � �. �� — — — — _ � I I Propo��d �� Street L��i � rnp��v�mer�t D�str�ct VI�ALL ST�EE`� LiD � 0 � \ �, �, � , , � \ � � i \ �� oi � , �_.� s; \ Q.� —� '� � �' !' � � . � i � i . 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