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99-030484 ~ Pacific Highway ~ Park Street
w_ S1*Mt OF OREGON l County of Washington J SS I, Jerryansptr�ir r of Assess- ment and i�66n o County Clerk for "-y ® Iyk�rtify that the withttifrur � aS eceived and rerd�d t t3a od °of said county 1nsoh9iarector of �dssaxation, Ex- Clerk Doc 99030484 Rect: 227651 96. 00 03/12/1999 10: 32:24am l ..�►' S RETURN RECORDED DOCUMENT TO: CITY HALL RECORDS DEPARTMENT, "%w Ifte CITY OF TIGARD I 13125 SW Hall Blvd. CITY OF TIGARD,OREGON Tigard,OR 97223 ORDINANCE NO. 97- yq AN ORDINANCE CONCERNING THE VACATION OF APPROXIMATELY 4,172 SQUARE C FEET OF PUBLIC RIGHT-OF-WAY ABUTTING SW PACIFIC HIGHWAY (99W), SOUTH OF SW PARK STREET,AND ADJACENT TO TIGARD MARKETPLACE. WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code at a public hearing held on July 8, 1997; and WHEREAS,the right-of-way was previously dedicated to the public; and WHEREAS, in 1986, Ordinance No. 86-19 vacated a portion of a frontage road along SW Pacific Highway (99W)to facilitate a commercial development planned for the area; and WHEREAS,in 1987, a Site Development Review(SDR 87-15)was approved to allow the construction of a 153,180 square foot retail center, commonly known as Tigard Marketplace; and WHEREAS,the 1986 street vacation vacated only a portion of the frontage road right-of-way; and WHEREAS, the remaining portion of the right-of-way contains a 8,617 square foot landscaped area that is adjacent to the access road that leads into the Tigard Marketplace Center; and WHEREAS, approximately 4,172 square feet of public right-of-way (roughly half of the landscape island) may no longer be necessary; and WHEREAS, the vacation was initiated by the City Council and approval has been recommended by the Community Development Department; and WHEREAS, all affected service providers, including utility companies and emergency service providers, have had the opportunity to review the vacation proposal and have no objections; and WHEREAS, the Western Bypass Study, Project #406, Tigard Triangle Comprehensive Plan Amendment (CPA 96-0008) and the Portland to Lincoln City Corridor, Interim Corridor Strategy (March 1997) discuss the possibility of the future widening of SW Pacific Highway to six (6) lanes (or an estimated right-of-way width of 56 feet from centerline); and WHEREAS,a small portion of the proposed area to be vacated is within the 56-foot right-or-way; and WHEREAS, it is in the public interest to prevent the future purchase of property which is currently within the public right-of-way; and WHEREAS, the applicant has agreed to re-dedicate to the public, any land within the requested vacation area that may be necessary in the future for widening SW Pacific Highway; and ORDINANCE NO.97- is\citywide\ord\vactgmk2.ord Pagel of 3 w Will D. 29-Jul-97 4:17 PM WHEREAS, a condition is necessary that requires the applicant to enter into an agreement to grant the re-dedication,to occur at the time the right-of-way is deemed to be necessary; and WHEREAS, GTE Telephone Operations has 2 existing 4-inch conduits with cable in them paralleling the north side of the access road which will require the granting of a utility easement; and WHEREAS, Northwest Natural Gas has facilities within the proposed vacation area which will require the granting of a utility easement for right of access, repair, and/or replacement, and requiring that no structure be built or erected within a distance of ten feet from the centerline of said facilities; and WHEREAS, the City of Tigard Water Department has a 12-inch water main located within the proposed vacation area that will require the granting of a 15-foot utility easement; and WHEREAS,notice has been mailed to all property owners abutting said vacation area and all owners in the affected area,as required by ORS 271.080; and WHEREAS, in accordance with Tigard Municipal Code 15.08.120, the City Recorder posted notice in the area to be vacated and published notice of the public hearing; and WHEREAS,the property owners of the majority of the area affected have not objected in writing; and WHEREAS, the City Council having considered the request on August 12, 1997, finds that it is in the public interest to approve the request to vacate said public right-of-way as the public interest will not be prejudiced by this vacation, as provided be ORS 271.120 and TMC Section 15.08.130; and WHEREAS,the Council finds that the following conditions are necessary to vacate said land: 1. A utility easement shall be provided within the vacation area. 2. The property owner shall enter into an agreement to re-dedicate to the public, any land within the requested vacation area that may be deemed necessary in the future for the widening of SW Pacific Highway(99W). NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of said approximately 4,172 square feet of public right-of-way as shown and described on the attached Exhibits A and B (map and legal description of area to be vacated), and by this reference, made part thereof. SECTION 2: The Tigard City Council further orders that the vacation be subject to the following conditions: ORDINANCE NO.97- iAci ide\ord\vact h'�' gmk2.ord Page 2 of 3 Will D. 29-Jul-97 4:17 PM �rw *4aw 1. A utility easement shall be provided within the area to be vacated. 2. The property owner shall enter into an agreement to re-dedicate to the public, any land within the requested vacation area that may be deemed necessary in the future for the widening of SW Pacific Highway(99W). SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor, and posting by the City Recorder. PASSED: By U l YY1 vote of all Council m mbers present after being read by number and title only,this I�`V day of , 1997. C� Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this [ day of u c , 1997. J e icoli, Mayor Approved as to form: City Attorney Date ttf1 Certified to be a True Copy of 7 Original on file +TI-ea i City Recorder•City of Tigard Date: ORDINANCE NO.97- rji:`,ci ide\ord\vact Page 3 of 3 Will 29-Jul-97 84117 PM I PACIrT --I os�s�>��= IBIT B g D 3iJRYEYO^ 8405 S.W. Nimbus Avcnue Beaverton,OR 97008-7120 Alo n OREG V JULY 30. 1978 ORAN D.ABBOTT 99W, TIGARD - CITY OF TIGARD PARCEL IZ_.?�_97 MAY 22, 1997 FILE: 4-1422-0501 A parcel of land lying in the George Richardson D.L.C. No. 38, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, and being a portion of Taylors Bridge Road (County Road No. 477) lying southeasterly of a line 48 feet southeasterly and parallel from the following described center line of the relocated Pacific Highway West: Beginning at Engineer' s center line Station 116+98, 50, said station being North 00°13141" West 2, 340. 83 feet and North 89°46' 19" East 1, 055. 97 feet from the southwest corner of Section 2, Township 2 South, Range 1 West, Willamette Meridian; thence 251. 30 feet along the arc of a 2, 865 foot radius curve to the left through a central angle of 5°01 ' 32" (the long chord bears South 38022135" West 251.22 feet) to a point of compound curvature at Engineer' s Station 119+49. 8; thence 206. 40 feet along the arc of a 5, 521.80 foot radius curve to the left through a central angle of 2°08 ' 30" (the long chord bears South 34°47134" West 206. 39 feet) to a point of tangency at Engineer' s Station 121+56.20; thence South 33043 ' 19" West 1, 243. 80 feet to Engineer' s Station 134+00. Commencing at a point which is 48 feet southeasterly and opposite center line Station 121+56.20 P.T. ; thence South 33°43119" West, parallel to said center line, 202.79 feet to the most northerly corner of that tract of land conveyed to .Tigard East Associates, recorded in Fee No. 87-31809, Washington County Deed Records; thence South 51°02 ' 00" East, along the northeasterly line of said Tigard East Associates tract 19. 91 feet to a point on the ror-4heasterly right-of-way line of said Taylors Bridge Road and the TRUE POINT OF BEGINNING; thence, along said right-of-way line, North 39°04 ' 00" East 101. 61 feet; thence North 21°3051" East 132. 41 feet to a point of cusp; thence 52. 44 feet along the arc of a 24 . 20 foot radius cruve to the right through a central angle of 124008 ' 28" (the long chord bears South 22°58136" East 42 . 77 feet) ; thence South 33025 ' 28" West 202. 22 feet to a point of curvature; thence 8. 11 feet along the arc of a 14 . 02 foot radius curve to the right through a central angle of 33°08 ' 03" (the long chord bears South 45°52152" West 8 . 00 feet) ; thence North 51002100" West 16. 64 feet to the POINT OF BEGINNING. Contains 4, 172 square feet more or less. File:i:\project\14220501\wpdata\cot38.leq EXHIBIT PAGE 1 OF (50 3)626-0455 Fax(503)526-0775 Planning-Engineering•Surveying•Landscape Architecture-Environmental Services 1IIIIINIIN ,. TT A � G ii i J ' 1�1 SCALE: 1 ; i i ; 4:ge"nda#em�No. 3,J TIGARD CITY COUNCIL Meeting of—3j—ql—e�� MEETING MINUTES - AUGUST 12, 1997 • STUDY SESSION > Meeting was called to order at 6:31 p.m. by Mayor Jim Nicoli > Council Present:Mayor Jim Nicoli, Councilors Paul Hunt, Brian Moore, Bob Rohlf, and Ken Scheckla. > Staff Present: City Manager Bill Monahan; Legal Counsel Pam Beery; Planning Manager Dick Bewersdorff, Associate Planner Will D'Andrea; Community Development Director Jim Hendryx; Finance Director Wayne Lowry; Asst. to the City Manager Liz Newton; Building Official David Scott; Public Works Director Ed Wegner; and City Recorder Catherine Wheatley. > Monopole decision Mayor Nicoli spoke to the call up of the monopole decision. He asked that the planning and legal staff look at the Council's concerns with respect to what the City Code said they could or could not do. Jim Hendryx, Community Development Director, noted the public hearing later on this meeting's agenda regarding the wireless communication ordinance. BW Monahan, City Manager, reviewed his understanding of the Mayor's proposal to call up the monopole decision on a future agenda, and to open the public hearing on the wireless communication ordinance, and continue it until after the public hearing on the monopole. If other issues were raised during the monopole hearing, they could be factored into the standards. Mayor Nicoli said that he had no problem with adopting the ordinance tonight if applications coming in under the old standards were a concern. Mr. Hendryx said that at the public hearing tonight staff would explain how the two recent controversial monopole decisions would have been handled under the proposed standards. Mr. Hendryx reported that staff has looked into the issue of compliance with the Code and development standards raised by the citizens requesting Council call up. He said that staff could not ascertain that there was any violation. Pam Beery, Legal Counsel, referenced the petition distributed by Cathy Wheatley, City Recorder, requesting a Council call up of the decision. She advised the Council to reserve discussion of the merits of the application for the Hearings Officer. Mayor Nicoli asked if staff could communicate with the neighbors on what issues the Council saw in this matter prior to the hearing. Ms. Beery said that staff talking with the neighbors was not an ex parte contact. She advised that if the Council did call this up, that they not enter into dialogue with the public about it. However if citizens wanted to testify on the ordinance tonight, the Mayor should direct them to not make comments directed towards a particular TIGARD CITY COUNCIL MEETING MINUTES - AUGUST 12, 1997 - PAGE 1 site. They should make the meeting minutes part of the record of for the hearing so everyone would have the opportunity to rebut any comments. Councilor Scheckla expressed concern about the number of poles required and the spacing between them. Ms. Beery said that the new ordinance addressed the concern quite well. Staff recommended asking the franchise representatives those questions, Ms. Beery reviewed the collocation protocol mandated in the ordinance. She pointed out the additional incentive for the companies in that collocation was cheaper than a new pole. Mr. Hendryx noted the aesthetic concern, with more facilities collocated on a pole more visual clutter would be created.. > Request to cafl up a minor land partition Mayor Nicoli raised the request to call up the minor land partition. Mr. Hendryx said that the neighbors could appeal that land use decision. He commented that with both the monopole and the minor land partition they had entire neighborhoods turning out in opposition to the decisions. He said that the neighborhood issue was tree removal which was not a reason for staff to deny a minor land partition. Mr. Hendryx explained that staff has determined that, based on the current code, the trees were not protected. They have also researched the issue of an error in the original 1984 zoning of that area and determined that the Code was applied correctly. While the property owners of the area could submit a petition to the City requesting a rezoning of the area, it would not affect this application. Mayor Nicoli asked if staff knew in what direction the neighborhood was headed. Mr. Hendryx said that these neighbors were sophisticated and have done their homework. Mr. Monahan mentioned that the applicant would probably be at tonight's meeting. Liz Newton, Assistant to the City Manager, explained that Mr. Downing told her he would ask the Council not to call it up and to allow it to go through the approval process. In her conversations with neighbors in the area, she learned that their argument would be that dividing the lot into three partitions meant less opportunity to save trees. Mr. Monahan mentioned that tonight was the Council's last chance to call this up. Ms. Beery reported that her firm has represented AT&T in the past, though not in Tigard or on this issue. She asked if the Council was comfortable with her representing the City on this matter. Mayor Nicoli said it was fine. Mr. Monahan mentioned that he had represented AT&T under their former name of Cellular One. > Erickson property Mr. Monahan mentioned CIT discussions on the Erickson property, a heavily wooded timber lot proposed for harvesting. While there was no land-use application at this time, there was a mobilization of neighborhood concerns about tree removal, erosion control, drainage, etc. Ms. Newton reported that between 70 to 80 people attended the CIT meeting on this issue. Mr. Hendryx said that staff was reviewing the appropriate regulations and contacting the Forest Service about removal of trees on a wood lot. He commented that the neighbors have been told that there would be no action on this matter until staff has thoroughly reviewed the standards, as this was a new issue in Tigard. TIGARD CITY COUNCIL MEETING MINUTES - AUGUST 12, 1997 - PAGE 2 Mr. Monahan asked if Council concurred with the staff work to create an environment of communication with those citizens who had concerns while not issuing a permit until they were sure of compliance with all regulations. He said that staff was t.-.Ing not to make promises that they could save something that they could not save. Councilor Scheckla asked several questions on mitigation in this situation. Mr. Hendryx said that the Code gave specific exemption to removal of trees in a forest tree deferral wood lot. Dick Bewersdorff, Planning Manager, explained that the Tree Ordinance Task Force had specifically excluded tax deferred woodlots because of testimony from. people who had set them aside to harvest for funds to send their children to college. The owners of this lot intended to harvest the timber before selling the lot to developers. A C'eveloper going through the subdivision process would have to mitigate for those trees. Mr. Monahan said that tonight staff expected neighbors at the meeting to report to the Council on the CIT discussion. He reported that neighbors have requested staff to make a commitment to do whatever they could to make sure that neighborhoods were protected from erosion. Staff wanted this situation to have the least impact possible but with the understanding that the trees would be cut down. Councilor Hunt mentioned the erosion problems that resulted from the steep slope of the hill of the Renaissance Summit development. Councilor Scheckla asked if they would have a problem with mudslides on Bull Mountain. Mr. Monahan said that they hoped to avoid that. > City Events: Policy Discussion on City Participation and Contributions Mr. Monahan referenced the memo on the costs to the City for the Balloon Festival, broken down by department detailing costs that would have been incurred anyway and special costs. It also included the Fourth of July costs which were very limited. He pointed out that the Balloon Festival was growing so fast that it was a new event every year. Mr. Monahan suggested requiring special events and social agencies to give the City more advance notice of what their proposals would be prior to the budget process and assigning a staff person as the contact person for the event or agency. This staff pe-son would identify all the potential costs so that staff could include a real cost by department into the budget process. If Council wanted to, they could set an amount for the event, and staff would know that they had to limit expenses to that amount. With sufficient notice, the special event or agencies could make decisions on their programs or try to find alternative funding. Ed Wegner, Public Works Director, reviewed the staff work at the Festival, agreeing that it did impact his department most of all. He pointed out the positive attitude of staff towards the Festival, despite the extensive overtime required. He mentioned that the soccer fields were scheduled to be shut down after the Festival regardless. He said that staff worked Sunday and Monday to finish cleaning up. He noted the help provided by the carnival and food vendors in making it easy for them to pick up trash. Bruce Ellis, Event Coordinator, had arranged for the contractors to retrieve all the rented equipment. Councilor Scheckla asked if there were items that the City could have the Festival pay for, such as extra trash pickups. Mr. Monahan said that was an item for discussion. He explained that last year the Festival did not have any surplus revenue; however, this year it appears that TIGARD CITY COUNCIL MEETING MINUTES - AUGUST 12, 1997 - PAGE 3 there was profit. He advised that Mr. Ellis had indicated willingness in the past to help finance any needed post-event field repair. Mr. Wegner commented that eventually the Festival would "top out" where the City would have to limit the number of balloons. Mayor Nicoli asked about using volunteers to assist City staff. Mr. Wegner said they would have more success asking volunteers (such as the Boy Scouts) to help with the set up than with the clean up. He pointed out that school was still in session during the week prior to the Festival. Councilor Rohlf asked if they would see an adjustment to the budget. Mr. Monahan said no, because all the costs were within last year's budget. Councilor Hunt expressed concern with the extra money being spent without the Council knowing it was being expended. Mr. Monahan said that it had been a surprise to staff who had not realized the crowd the Festival would draw until they "saw the cars coming." He said that the year before had not reflected these dollar amounts but possibly staff was now doing a better job of reporting the costs. Mr. Monahan said that the information this year would help staff in their discussions with the Balloon Festival organizers. He said that there was not an expectation on the Festival's part that the City would support the event to the point where the Festival retained all profits without assisting the City with some of the expenses incurred. Councilor Hunt asked if there was a way to measure the economic value the Festival brought to the business community of Tigard. Mayor Nicoli said that the nonprofits could tell the City how much money they made (which he thought was roughly around$30,000). He said that he was certain that with 10,000 to 15,000 people coming into the town for a three day event, there was money going into the business community. Councilor Hunt asked who authorized the nonprofits that operated at the Festival. Mr. Monahan said that the Festival did. He reported that Mr. Ellis told him that he tried to restrict it to Tigard based non-profits only. The City's only input has been questions about traffic, insurance and neighborhood impact. He said that if the Council felt it was important to know how much money the non-profits made, he thought that Mr. Ellis would be willing to share that information with them. Mayor Nicoli pointed out that the non-profits reinvested the money into the community. The Festival fed the social service structure of the City in one way or another. Mr. Monahan reported that he informed Mr. Ellis that the report in the Oregonian regarding the Council discussion on the Festival did not accurately reflect the tone of the Council. The Council was simply curious, not critical. Councilor Moore asked that a discussion on a special events policy include what the intent of the City was in sponsoring events. Was it to showcase the City or to provide an opportunity for non-profits to raise money? Councilor Rohlf suggested a workshop on those issues. Councilor Moore asked for information on what other communities spent on their big events. TIGARD CITY COUNCIL MEETING MINUTES - AUGUST 12, 1997 - PAGE 4 He expressed concern that the Festival might move elsewhere due to lack of space at Cook Park. The Council discussed when to schedule the discussion. They agreed on the October workshop. Staff would invite Mr. Ellis to the study session prior to the workshop. > National League of Cities Conference - Distribute Information > Agenda Review • Mr. Hendryx reported that the County reached tentative agreement with Jerry Cache today to purchase the properties for the Greenspaces program. • Mr. Monahan explained that staff selected the second lowest bidder on the Menlor Reservoir project because the lowest bidder had difficulties with his subcontractors' bid. The second lowest bidder's offer was within the engineer's estimate. • Mr. Monahan noted an agenda change: the monopole discussion will occur before the business agenda. • Councilor Scheckla asked for an update on the Rite Center. 1. BUSINESS MEETING * • Call to Order- City Council & Local Contract Review Board Mayor Nicoli called the business meeting to order at 7:35 p.m. • Council Communications/Liaison Reports • Call to Council and Staff for Non-Agenda Items Mr. Monahan noted the Council discussion on whether or not to call up CUP 97-0004, the AT&T monopole tower, and the Rite Center update. 2. PRESENTATION: APPRECIATION ACKNOWLEDGMENT FOR KATHY DAVIS, LIBRARY DIRECTOR AND CITY EMPLOYEE FOR OVER 21 YEARS On behalf of the Council, Mayor Nicoli thanked Kathy Davis for her excellent work as Library Director and presented her with an Award of Appreciation plaque. Ms. Davis presented the Council with ajar of honey from her business, Mountain Home Apiary, which was moving to LaGrande. 2A. DISCUSSION: CALL-UP CONSIDERATION - AT&T CUP 97-0004 Mr. Monahan mentioned that the appeal deadline date for this land use application was August-18. Mr. Hendryx noted the receipt of a petition today requesting the Council to call up this application. Mayor Nicoli opened up the meeting to public comment. Spencer Vail, AT&T Wireless Services, asked that the Council not call this up application. He argued that the appeal process already in place should be used, rather than the Council initiating appeals on behalf of the people, losing the appeal fee and establishing a precedent. TIGARD CITY COUNCIL MEETING MINUTES - AUGUST 12, 1997 - PAGE 5 He commented that the Council should call up applications if they felt that the Hearings Officer had not interpreted the City's policy correctly or if there was some larger public policy matter needing discussion. He mentioned that regardless of the outcome of the wireless communication ordinance on the agenda tonight, this application would be based on the rules in force at the time of the application. He reiterated his request to allow the regular appeal process to run its natural course. Mayor Nicoll said that he did think that there were some policy issues that the Hearings Officer may not have considered. He has learned of some facts regarding the existing land use and possible non-compliance that he believed merited Council discussion. Mr. Vail said that the City tools to enforce non-compliance with zoning regulations were the conditions of approval for that application. These should be handled independently of this application. Mayor Nicoli reiterated that he saw several issues which the Council should look at. Motion by Mayor Nicoli, seconded by Councilor Scheckla, to call up CUP 97-0004. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Rohlf and Scheckla voted "yes.") Mr. Hendryx announced that staff would schedule a hearing with notice within the next few days. 3. VISITOR'S AGENDA > Tom Strong, East CIT, requested the Council to review the decision of the Director on MLP 97-0100, a subdivision of a vacant lot on SW 92nd off Greenburg Road. He reviewed the reasons for requesting the Council review. These included incorrect processing of the application, failure to prove that the partitioning conformed to the City's Comprehensive Plan and Development Code, an error in the Comprehensive Plan regarding the designated zoning for the Dogwood Ridge neighborhood, and an insufficient requirement for dedication of right of way for SW 92nd Avenue. Mr. Strong reviewed the specifics of their reasons for asking for review. They felt that the application met the definition of"subdivision" under both the City Code and the state statutes, as it would contain roads and streets. Therefore, it should be processed under the planned development process. He contended that the application did not conform with Section 18.162.040 of the Comprehensive Plan, development commensurate with the physical characteristics of the land, protecting natural and other resources, and requiring a review of those resources that might have a detrimental impact on the community. Mr. Strong said that the zoning of Dogwood Ridge should be R-3.5, not R-4.5. The right of way width for 92nd Avenue should be 50 feet; a narrower street would pose a safety hazard if additional homes were built. He noted the provision in the Plan to allow citizens to request Council review of the Director's decisions. He said that they thought that there were some serious policy flaws in the Tigard City Code, noting a loophole that allowed approval of a minor land partition without review of the existing timber or requirement of mitigation. He cited the Plan policy that the City shall insure that the character of large or unique stands of timber would not be substantially altered. TIGARD CITY COUNCIL MEETING MINUTES - AUGUST 12, 1997 - PAGE 6 > Miles Downing, applicant, spoke to allowing the process to flow naturally as recommended by staff. He mentioned the careful examination of all issues by the PIanning staff. He asked that the Council not call this up for review. > Gordon Martin, 12265 SW 72"d, spoke to the tree planting program. He asked for discussion on creating mitigation sites in the City where he could mitigate the non-inventoried trees on his property. He said that the 2-3 inches Christmas trees could be transplanted as part of the tree planting program. Mr. Martin entered into the record two letters that he received from Metro regarding the Triangle street standards. He noted in particular the July 28 letter from Mike Hoaglund concerning the definition of"point of local origin" recommended by Metro. Mr. Martin said that he inadvertently contacted one of the potential participants in a Dartmouth LID. The individual was upset and did not want to do anything about it. Mr. Martin commented that a study session with the participants might not accomplish anything. > Mayor Nicoli asked for discussion of the request to call up MLP 97-0010. Mr. Monahan noted the letter from the East CIT that laid out all the issues. Mayor Nicoli expressed concern that if the Council did call this up, they might not be able to do anything anyway because of the legal restrictions. Mr. Hendryx confirmed to the Mayor that there would be no further land use process on this application, as the partitioning process was the land use process. Councilor Rohlf welcomed the citizens speaking to the Council but concurred with the Mayor's concerns that calling this up might be an exercise in frustration for the citizens if the Council could not do anything about the situation. He said that there might be some policy issues in the Code to address in the future. Councilor Moore said that while he understood the neighbors' concerns for the tree grove, the Council had no control over the tree permit process which covered those concerns. He commented that a change would have to occur prior to land use applications. He said that he wasn't sure what they could do either. Councilor Scheckla noted the awkwardness of this situation. He mentioned the staff information that there was no error in the Comprehensive Plan. He suggested a compromise from the developer to save some of the trees. Mayor Nicoli said that he did not have a problem with calling it up but reiterated his concern that the City Attorney might inform the Council that they could not respond to the neighbors as they might want to. He said that he did not want to mislead the neighborhood on what the Council could or could not do. Ms. Beery said that she was very hesitant to allow any detailed discussion of the issues if the Council intended to call it up. It was important to keep the Council as an impartial body. She said that if the Council was concerned that there were policy issues, they could call it up, and have a full discussion of the issues at the hearing. Mr. Hendryx reviewed the staff work on the question of an error in the Comprehensive Plan. He said that he could not substantiate that such an error had occurred with the land use designation currently in place. TIGARD CITY COUNCIL MEETING MINUTES - AUGUST 12, 1997 - PAGE 7 Mayor Nicoli asked what the ground rules for discussion would be at the hearing. Ms. Beery said that the Council could not limit the discussion but they could identify their areas of concern so that the par-ties could address those specifically. Motion by Councilor Rohlf, seconded by Councilor Scheckla, to call up MLP 97-0010. Motion was approved by a majority voice vote of Council present. (Mayor Nicoli, Councilors Rohlf and Scheckla voted "yes"; Councilor Moore voted "no"; Councilor Hunt abstained) 4. CONSENT AGENDA Councilor Scheckla asked for more information on Item 4.5. Mr. Monahan explained that two months ago a local business owner raised the issue of whether or not all business owners paid their business license fee. The business owner pointed out that those who paid the fee were at a competitive disadvantage to those who did not pay the fee. He presented a proposal to the Finance Director on identifying businesses not paying the tax. Staff asked to handle this issue themselves, rather than hiring a consultant. The budget adjustment of$6000 was to fund temporary help to identify businesses not currently paying the business tax, validate the information against the records, and send out notices for payment. He said that this was an education issue, not an enforcement issue. Motion by Councilor Hunt, seconded by Councilor Rohlf, to adopt the Consent agenda. Mayor Nicoli asked exactly what"canopies" were covered under Item 4.7. David Scott, Building Official, explained that the Building Code divided the jurisdiction for membrane structures based on size. He said that he knew'that Tualatin Valley Fire & Rescue did not regulate the Farmers' Market canopies. He said that this was not a change in the Uniform Fire Code. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Rohlf and Scheckla voted "yes.") 4.1 Approve Council Minutes: June 17, 24, and July 8 and 15, 1997 4.2 Receive and File: a. Council Calendar b. Tentative Agenda 4.3 Amend the City of Tigard's ICN11A Deferred Compensation Plan and Trust Agreement in Accordance with Internal Revenue Code Amendments - Resolution No. 97-30 4.4 Approve Acquisition of Property Located within the Fanno Creek Right of Way (listed in the 1997-98 Capital Improvement Program) and Authorize the Mayor to Sign the Purchase and Sale Agreement 4.5 Approve Budget Adjustment for Business Tax Revenue - Resolution No. 97-31 4.6 Approve Intergovernmental Agreement for Property Acquisition at the Intersection of Walnut and Tiedeman Avenues and Authorize the Mayor to Sign the Agreement 4.7 Adopt Tualatin Valley Fire and Rescue District Ordinance No. 96-01 - Resolution No. 97-32 4.8 Local Contract Review Board: TIGARD CITY COUNCIL MEETING MINUTES - AUGUST 12, 1997 - PAGE 8 a. Award Bid to Ward-Henshaw Construction Company for the Menlor Reservoir Project 5. PUBLIC COMMENT: GREENSPACES PROGRAM — PROPOSALS FOR CHANGES TO THE CITY'S OFFICIAL LIST OF GREENSPACE PROJECTS AND TO THE PROCESS USED TO IMPLEMENT THESE PROJECTS a. Staff Report Duane Roberts, Associate Planner, reviewed the provisions of the May 1995 Metro Greenspaces bond. These included commitment to a willing seller approach and a local share provision that passed through funds to the local jurisdictions. Tigard received $750,000. He reviewed the City's mandated public involvement program that resulted in a list of potential greenspace acquisitions. He reported on the acquisitions completed and not completed in the last 14 months since adoption of that list. The City has purchased land on the northern slope of Bull Mountain but the other two properties under negotiation were abandoned when the owner wanted a higher price than the Council had budgeted for. In addition, a partnership deal with the County for forestland property fell through when the owner backed out and sold the property for development. Metro has purchased one property to the north of Woodward Park in cooperation with the City and was negotiating on three other properties. Another partnership opportunity with the County was purchase of the forested land adjacent to the water district property, a deal that was reached this afternoon. Mayor Nicoli asked how much money the City had left, and what could they spend it on. Mr. Roberts said that they had $663,000 left. It could be used for land acquisition and capital improvements, such as trailway construction, parking areas leading into natural areas, or interpretative centers. He mentioned that the CITs indicated strong interest in acquiring land in preference to building trails. Mr. Roberts said that they needed to identify replacement projects for the three projects dropped from the formal list. This required a public involvement process. The deadline for completing acquisitions was September 1998 with six month extensions possible. On the map he pointed out the properties recommended by staff: two Tualatin River properties (already negotiated on), greenway acquisitions, and a property adjacent to power lines. Mr. Roberts suggested hiring a contractor to assist staff with the negotiations with owners to move the process forward as quickly as possible. Alternatives recommendations in the staff report included revisiting sites dropped from the list, one near Cook Park and the Bond and 82nd Avenue parcel. He noted the letter from the City of Tualatin suggesting that Tigard allocate $50,000 of greenspace funds for the design of the Tualatin River pedestrian bridge. He said that trailway construction was the staff s lowest priority recommendation. b. Public Comment > Sterling Marsh, South CIT facilitator, 4090 SW ??? Court, presented the CIT's request to revisit the Gage property (F-5), the property north of Cook Park (F-2), and the Hall/Fanno Creek greenway east of Hall Blvd. (F-1). There was also discussion of the Bull Mountain parcel (F-3). He said that the CIT did emphasize purchase of land over trail construction. TIGARD CITY COUNCIL MEETING MINUTES - AUGUST 12, 1997 - PAGE 9 They asked that one parcel not consume the majority Df the available Metro Greenspaces money. Mayor Nicoll mentioned that the owner of the proper--es on Hall was not interested in selling which stopped the City from further action. > Beverly Froude, West/Central CIT, reported the C17 proposal to delay the decision on the Greenspaces proposal in order to coordinate the purc,--ases with the parks master plan. The concern was for placement of greenspaces and parks :.l all areas of Tigard. They supported hiring someone to coordinate the preparation of the parks master plan as soon as possible. Though overall the CIT supported purchasing land, th.e.re was a group that felt that Washington County should share in the cost of parceis outside the city limits, while another group felt that such parcels should be purchased by T'gard when they became available, on the grounds that those areas would come into the City in --ie future anyhow. > Rick Weejo, 8110 SW Bond Street, requested purch2se of the Gage property with the funds provided by the Metro Greenspaces bond measure. He pointed out that the land was now worth $500,000 but the Gage family was willing to sel it for$200,000 less than its fair market value because of their commitment to keeping the property as greenspace. He said that the neighborhood has grown impatient and discouraged A".'th all the delays. He recommended acting now to acquire the property. > Tom Murphy, 8152 SW Ashford Street, asked for p=hase of the Gage property for preservation as open space. He pointed out the qualir• of the forested greenspace and its availability, one of the few forested parcels left availa',Ie within the city limits. He commented that the other properties under considerat'in were unknowns. He disagreed with the staff recommendation to spend Greenspaces mane,; to hire someone to help purchase land. Mr. Murphy mentioned the $28,000 raised by the neiLiborhood to assist in the purchase of the property with $3000 spent for an option that has now expired. He reported that the Wetlands Conservancy (who held the remaining $25,000 in truss:1• recently sent a letter to the contributors, indicating its belief that the Gage proper.: would not be purchased and asking what they wanted done with the money. He contende" that timing was critical in retaining this money for purchase of the Gage property. He reiterated that the Gage sisters were offering, the property at 60% of fair market value. He pointed out---ie extensive citizen support for the purchase of the Gage property. > Brian Pautz said that he had two properties outside the city limits available for sale which he was more interested in seeing remain as open space tha.-i in selling for a lot of money. He noted the existing trail running through his Bull Mouniain property which was used on a daily basis by bikers and hikers. He mentioned the development plans to build high density duplexes night in front of his property. He said that he :bought this area would annex into Tigard soon. He mentioned the benefit Tigard receive-` from the County's purchase of the Cache property and other properties. He spoke to mai:.mining greenspace in the area in light of the high density going in, and a greenspace's poten::al to alleviate the social problems associated with high density. He said that areas on the site were well suited for interpretative centers. > Jim Solier, 14890 SW Sunrise Lane, spoke in suppo7: of purchase of the large Bull Mountain property as an opportunity to acquire a piece of property almost the size of Cook TIGARD CITY COUNCIL MEETING MINUTES - AUG'iST 12, 1997 - PAGE 10 Park. He spoke to acquiring it prior to annexation before development occurred close to it. He pointed out the year round stream, wildlife habitat, and second growth forest. He commented that with the increasing population base along Scholls Ferry Road and the lack of greenspaces, there was no place for the children to play. The children have found this property and used it daily. He noted the existing trail system and an area ideal for an interpretive center. Mr. Solier said that if something was not done, this area would look like Telegraph Hill in San Francisco. He referenced a 1995 consultant report that documented that 59% of the forested area that the consultants had studied on Bull Mountain disappeared within two years. He commented that a lot of the owners of this land lived on the street right up from it, and would almost be willing to donate the land if they knew it would be maintained as 'greenspace. He spoke in support of a negotiator. He stated that he canvassed the neighborhood and found momentum to get this property. Mr. Pautz mentioned that two years ago Washington County placed this property as #5 on their list but ran out of money. The interest was still there to purchase this land. > Beverly Froude, speaking as a private citizen, supported Mr. Solier's and Mr. Pautz's comments. She said that it would be a wise move to purchase this land now. > Diane Jelderks, 10045 SW Garrett, South CIT member, concur-red that CITs wanted land first and trails second, as connectivity was very important to them. She spoke to making a connection between the residential neighborhood and the pathway currently under construction between Ash and Main Streets. She said that this section was originally in the CIP but was removed when they went through the Metro process. It has fallen through the cracks but was an important connection for the city. She said that the neighborhood strongly supported this connection. She asked that it be added to the scope of the project on Ash Avenue. > Eric Johanes, 8102 SW Ashford Street, spoke for his and his neighbor's support of purchase of the Gage property. He said that many in their neighborhood also supported it. > Evelyn Beach, ?530 SW 72'd, read a letter from Dayle Beach nominating a strip along both sides of Red Rock Creek from SW 68`s to SW 72nd Streets for the Greenspaces program. She said that Red Rock Creek went through a steep ravine at this point on property owned by the Oregon Education Association. It was a beautiful greenspace and unsuitable for development. She mentioned that there were no greenspace plans for the Triangle. Mr. Roberts said that he knew what area Ms. Beach was referring to but did not remember why it had not been considered. He said that it had not come up during the public process. He said that while he believed that the property was for sale, it was not currently on the market. > Nancy Younger, Sunrise Lane, spoke in support of developing a park or greenspace on the Bull Mountain land, especially in light of the high density development allowed by the County without accompanying parks. She said that her children grew up playing on that land, and that people used to ride horses through there. She noted the native wildlife and flora on the land. She encouraged the Council to take advantage of this opportunity before the land was developed. She said that the Renaissance Homes developer has said that he would not build down to that greenspace; the City could probably expect donation of some land for greenspace. TIGARD CITY COUNCIL MEETING MINUTES - AUGUST 12, 1997 - PAGE 11 Ms. Younger spoke to revisiting City development policy and requiring apartment or housing developments to include a neighborhood park for x number of many houses. She said that without neighborhood parks, the children would have no place to play. > Chris Counts, 9600 Riverwood Lane, South CIT member, spoke to the planning process for parks as a fragmented process that did not build public confidence. He suggested creating an overlay map that clearly showed the location of existing parks and where greenspaces could fit into that distribution. He spoke to parks as "green infrastructure" and noted the values citizens mentioned tonight associated with parks: places to play, wildlife habitat, watershed values. He contended that the fragmentation in planning led to a lack of using professional tools to move forward in a scientific manner in planning greenspaces, parks and ballfields. He spoke to using professional tools to restore public confidence. These tools might include objective ranking criteria. Mr. Counts said that he favored the F-2 site, next to Cook Park, even though he understood that the owner did not want to sell. He supported the recommendations Mr. Marsh presented from the South CIT. He urged the Council to use the scientific tools available for parks and greenspace planning. He mentioned the issue of whether or not to wait for the parks master plan. He held that all they got out of the 1987 parks master plan was the controversial Cook Park expansion. He said that if they were going to wait for the master plan, then the City move forward in a positive and constructive manner once that information was received. If they were not going to wait for the master plan, then the City should apply these tools now. > Susan Vossler, 9500 SW Rivenvood Lane, supported reconsideration of opening negotiations with the property owner of the land next to Cook Park. It was a natural extension of Cook Park with wetlands, trees and access for high school student biology field studies. > Tom Strong, 10465 SW 92"d, pointed out that many greenspaces currently available for parks had no access for a lot of people. He cited the Fanno Creek parkway that ran from SW North Dakota across Scholls Ferry to the Greenway Park in Beaverton. He said that he lived half a mile from that pathway but neither he nor his children could not get to it. There -.vere no sidewalks, North Dakota was too dangerous to ride bikes on, and there was no adjacent parking. He spoke for consideration that access to the greenspaces was important. At some point, the City would have to spend money for capital improvements. Mr. Hendryx summarized a letter received today from Oscar & Dolores Clark requesting consideration of the forest site on Former Street currently under development review. c. Council Questions/Comments Mayor Nicoli said that he did not think that Council would put together a formal list tonight. He asked staff to return with a report showing the estimated cost for the properties and a map showing the exact location of each property. Councilor Hunt asked that only properties actually for sale be noted on the map. Mayor Nicoli asked what the status was of the parks master plan. Mr. Hendryx said that staff sent out RFPs with a submission deadline at the end of August. TIGARD CITY COUNCIL MEETING MINUTES - AUGUST 12, 1997 - PAGE 12 Mayor Nicoli suggested that the parks master plan consultant make some early recommendations on appropriate park locations. Mr. Roberts explained that staff recommended target areas rather than specific properties. Identification of specific proper-ties meant that they had to amend the greenspaces agreement, and often led to more difficulty in purchasing said property. Councilor Scheckla asked how the Tualatin pedestrian bridge fit into the Greenspaces program. Mr. Roberts said that it was an eligible project recommended by the City of Tualatin who has requested matching funds from Tigard towards design of the bridge. This would provide a connection within the Tualatin River trail system. Councilor Rohlf spoke to the importance of moving quickly. The longer the City waited, the more these properties increased in value, and the less the City could purchase for its dollars. Mr. Monahan asked if valuation was of concern to the Council. He mentioned that in the past prices have changed once the City indicated interest. He noted that Mr. Pautz' letter did not indicate prices. Mr. Roberts said that staff did have a letter from Mr. Pautz with prices but it was not part of the public record. Mr. Pautz stated that he was willing to negotiate his stated price. Ms. Jelderks asked about the path she had mentioned. Mayor Nicoli said that staff would include everything mentioned tonight on the list for Council consideration in more depth. Mayor Nicoli recessed the meeting at 9:11 p.m. for a break Mayor Nicoli reconvened the meeting at 9:22 p.m. 6. UPDATE: TREE PLANTING PROGRAM Ed Wegner, Public Works Director, presented a proposal to meet the Council goal of planting 2000 trees in Tigard by the year 2000. It was a three phase project. The first phase was planting trees in parks, greenways, and wetlands between now and November, including using volunteers on October 25,"Make a Difference Day." Staff would hire a landscape architect to help design and layout where trees were needed, and to work with the parks master plan to coordinate with the tree planting program. Mr. Wegner reviewed the second phase to begin in September or October. Staff would meet with public agencies, such as schools, to develop a tree planting program in conjunction with Arbor Day and Earth Day festivities in April. The third phase was developing a complete street tree program, looking at standards and maintenance responsibilities. He mentioned that while the current ordinance placed the maintenance responsibility for street trees on the homeowner, it was not necessarily economically feasible for the homeowner to do so. He cited a recent case of a homeowner who hired an arborist to look at a street tree with a$500+ bill to take care of the tree. Mr. Wegner noted Mr. Martin's suggestion to create a mitigation site. He said that staff was willinc, to do that within this process. He said that they had money in the tree mitigation fund for use. In addition the Cook Park CIP projects included trees and landscaping. He reported that staff discovered a need for wetlands mitigation on the Menlor site which would be done at TIGARD CITY COUNCIL MEETING MINUTES - AUGUST 12, 1997 - PAGE 13 Cook Park. He mentioned the offer of a businessman to possibly donate trees. He said that the goal was to plant the last tree on December 31, 1999. The Council agreed by consensus to go with the staff recommendation on this proposal. 7. PUBLIC HEARING (LEGISLATIVE) - PROPOSAL TO AMEND THE COMNIUNITY DEVELOPMENT CODE (TITLE 18) BY ESTABLISHING STANDARDS FOR WIRELESS COMMUNICATION FACILITIES BY ADOPTING A NEW CHAPTER: TMC 18.152 a. Mayor Nicoli opened the public hearing b. Declarations or Challenges: None c. Staff Report: Community Development Department Will D'Andrea, Associate Planner, explained that the selling of new communication licenses by the FCC as a result of the federal Telecommunications Act of 1996 led to an increase in the number of requests for cellular towers and to increased concern by local communities about the need to regulate the proliferation of these towers. He said that wireless communication facilities were considered utilities under the existing Code standards. However the Code currently had no specific language directed towards wireless communication facilities. He said that the attached proposed ordinance was modeled on the Oregon City ordinance with input from wireless providers. Mr. D'Andrea reported that the proposed ordinance included minor revisions requested by the Planning Commission who recommended approval of the ordinance on July 21. He mentioned the notice given to the CITs of the Planning Commission and Council hearings on the ordinance. Mr. D'Andrea reviewed the purposes of the regulations, including ensuring that wireless communication facilities were regulated in a manner that minimized the visual impact and encouraged collocation. Using overhead graphics, he reviewed the provisions of the proposed ordinance and the constraints of the Telecommunications Act. Mr. D'Andrea said that while the Act preserved the local government's authority to regulate these facilities, it prohibited regulations that would effectively prohibit provision of service or discriminate among providers. The environmental effects of emissions were regulated through the FCC, not the local jurisdictions. Approvals had to be granted in a timely fashion and in writing. Mr. D'Andrea reviewed the three tiers of the proposed system. The first tier dealt with uses permitted outright, including collocation in commercial, industrial, and residential zones within certain height criteria. The second tier was the director's decision or staff level review with notice, allowing new towers in commercial and industrial zones and in public open space, and collocation above the height criteria. He noted these setback and spacing between tower requirements. Nir. D'Andrea said that the third tier was the conditional use process requiring a public hearing for towers in residential zones (except for public open spaces). He mentioned the intent to TIGARD CITY COUNCIL MEETING MINUTES - AUGUST 12, 1997 - PAGE 14 protect points of visual interest or views, and the requirement to demonstrate that no other alternative was available. He reviewed the setback and spacing requirements for conditional use, and mentioned the requirement to submit three to five photos of the proposed facility and affected residential properties. Mr. D'Andrea reviewed the coefficient protocol that required applicants to make a good faith effort to find a collocation site before proposing a new tower. He listed the criteria and documentation for collocation. Mr. DAndrea recommended approval of the ordinance. d. Public Testimony > Kevin Martin, Sprint PCS, Land Use Coordinator, said that he had only two issues with this ordinance following the Planning Commission hearing. The ordinance structure was similar to that used by other communities in the region. He asked if the noise standards were more restrictive for this use than for other uses. If so, he disagreed, contending that they should be the same. He expressed concern at the extreme difficulty of meeting the variance criteria for a hardship in dealing with setbacks and tower spacing (Section 18.02.24). He advocated using adjustment standards rather than variances to allow greater flexibility in the placement of the towers. He cited the example of siting a tower within a grove of trees inside the setback area as opposed to placing it out in the open in accordance with the setback standards. Mayor Nicoli asked what noise was generated by these facilities. Mr. Martin said that the noise level of the PCS facilities (the size of a traffic control box) was very low because they did not use air conditioners. The larger structures did use air conditioning but the noise level was no different than cooling equipment on top of a building. > Spencer Vail, AT&T Wireless, concurred with Mr. Martin's comments. He said that his primary concern was the variance section of the Code and the need to prove hardship. He cited an example of an application before the Hearings Officer in which the applicant, the neighbors, and the staff all agreed that the facility should be located in the comer of the property but the setback standards did not allow it and he could not prove hardship. He contended that the public would be better served with greater flexibility for innovative design and placement. He suggested developing criteria similar to the criteria developed for the protection of visual points. He supported the ordinance as written with this one change. He concurred that the air conditioning of his facilities were no louder than residential air conditioning. Councilor Scheckla asked what Mr. Vail considered a visual impact. Mr. Vail said that he did not know. He spoke to putting specific language in the Code to govern how that was decided. > Tony Cargill spoke to the issue of the aesthetic impact of the machinery. He said that these towers had the aesthetic appeal of a crowbar and asked that the City encourage the providers to make a serious effort to add some aesthetic appeal to these facilities. e. Council Questions TIGARD CITY COUNCIL MEETING MINUTES - AUGUST 12, 199'7 - PAGE 15 Councilor Moore asked if landscaping was required for these facilities. Mr. D'Andrea said there were requirements for landscape screening of the accessory structures. Councilor Scheckla commented that a pole suddenly appearing in a neighborhood certainly did have a visual impact. He asked how that was addressed and who determined the visual impact. Mr. D'Andrea reviewed the criteria for minimizing the visual impact (page 4), including trying to find other locations on the property to minimize the impact. He said that the Hearings Officer reviewed the question of visual impact. Councilor Scheckla asked if unacceptable visual impact was discovered after the fact, would the providers have to take the tower down. Mr. D'Andrea said no. He commented on the difficulty of protecting visual points of interest and in determining where those were. He reiterated the FCC requirement that local jurisdictions could not create regulations that effectively prohibited provision of service. The balance lay between protecting visual impact and complying with FCC regulations. Councilor Moore commented that, as he understood it, the viewshed was what the view would be with the pole in it. He noted the requirement for three to five photo simulations of the proposed facility for affected residential properties and public rights of way. Councilor Scheckla asked who decided how many facilities were needed and the spacing, between the towers. Mr. D'Andrea reviewed the spacing requirements in the ordinance. He said that the industry determined the number of poles needed based on their provision of service. Councilor Scheckla asked if there was a provision for removal of the towers in the event of more advanced technology that no longer required the towers. Mr. D'Andrea reviewed the abandonment provision that required a provider to take down a tower not used for six months. Councilor Scheckla asked if the local governments had any control at all. Mr. D'Andrea said that it was limited but they could regulate some things. Ms. Beery commented that, based on her experience in this field, she found this that ordinance did achieve the regulation allov.-ed to local governments while still complying with the FCC requirements. Councilor Rohlf asked if the ordinance took a conservative or aggressive approach to protecting neighborhoods from the impacts of these facilities. Ms. Beery said that while it was not really conservative, neither was it as aggressive as it could be. She cited the collocation protocol as a factor in reducing the number of facilities. She described the ordinance as a series of concomitant elements which, as a total, were intended to result in locating these facilities where they would have the least impact. Councilor Hunt suggested approving this ordinance tonight and directing staff to return with recommendations on the concerns raised regarding adjustment standards versus. variances. Ms. Beery said doing so would place the City in a good position. She pointed out that the variance criteria was a more aggressive protection for the City by placing more of the burden on the industry. She commented that use of a collapsible design tower could mean lower setback requirements, although it was not included in the ordinance. Mayor Nicoll expressed his concern that the variance criteria might prevent a better placement of a tower on a property if that better placement was within the setback. He spoke for TIG.kR-D CITY COUNCIL MEETING MINUTES - AUGUST 12, 1997 - PAGE 16 flexibility in placement of the towers, especially if they could be hidden in tree groves. He expressed concern also about the 2000 foot spacing in commercial zones and 500 foot spacing i in residential zones. He spoke to encouraging placement of more than one tower n the ugly industrial sections of town in a cluster as opposed to a"picket fence line." Councilor Moore suggested directing staff to identify certain locations where the Council would accept spacing less than the required amounts. f. Mayor Nicoli closed the public hearing g. Staff Recommendation Mr. D'Andrea recommended adoption of the ordinance. h. Council Deliberation: Ordinance No. 97-08 Motion by Councilor Hunt, seconded by Councilor Rohlf, to adopt Ordinance No. 97-08. The City Recorder read the ordinance by number and title. ORDINANCE NO. 97-08, AN ORDINANCE TO AMEND THE COMMUNITY DEVELOPMENT CODE (TITLE 18) BY ESTABLISHING STANDARDS FOR WIRELESS COMMUNICATION FACILITIES, (ZOA 97-0002), BY ADOPTING A NEW CHAPTER 152 (18.152), AND DECLARING AN EMERGENCY. Councilor Rohlf commented that there were so many loopholes in these regulations that the providers could put their facilities where ever they wanted to. He said that it was distressing to him that they could not regulate this utility as they could any other utility. He said that he would support the motion because it was the best they could do. Mr. Monahan noted that the ordinance did not include an emergency clause, therefore it would be effective in 30 days. Amendment to the motion by Councilor Hunt,seconded by Councilor Rohlf, to include an emergency clause. Mr. Monahan said that the reason for the emergency clause was the Council's concern that other applications would come in under the old regulations with a potential negative impact on the neighborhoods. Motion was approved by majority toll call vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, and Rohlf voted "yes." Councilor Scheckla voted"no'.") Councilor Hunt asked that staff return in a reasonable period of time to discuss the concerns raised this evening. Councilor Rohlf asked to add a comment referencing protection of neighborhood livability and impacts to the neighborhoods(Section 18.152.0 10). 8. PUBLIC HEARING - (QUASI-JUDICIAL)-VACATION - PUBLIC RIGHT OF WAY (Approximately 4,172 Square Feet of Public Right of Way abutting SW Pacific Highway (99W), south of Park Street, and adjacent to Tigard Marketplace) TIGARD CITY COUNCIL MEETING MINUTES - AUGUST 12, 1997 - PAGE 17 a. Mayor Nicoli opened the public hearing and read the hearing title. b. Declarations or Challenges: None c. Staff Report: Community Development Department Mr. Hendryx reviewed the location of the right of way requested for vacation. He said that staff did discuss this with ODOT and the ordinance reflected ODOT's concern about retaining, adequate right of way for a future widening of 99W. Councilor Rohlf asked what the advantage was to vacating this right of way now if in the future they might need it back. Mr. Hendryx said that the advantage was that the property owner would maintain it. It would add a minimal amount to the tax base. Mr. D'Andrea explained that this public street with a wide landscape strip looked like a private driveway. The City owned half of the landscape strip, and the owner of the other half has requested vacation of the landscape strip, but not of the public street. He said that a condition of the vacation was the property owner's agreement to rededicate the right of way if necessary. The street could only be closed if the someone went through the vacation procedure to request vacation of the public right of way of the street. Mr. D'Andrea explained that this portion of the right of way was the remnant of an old ODOT frontage road which was vacated on development of the Tigard Marketplace. d. Public Testimony Mayor Nicoli reviewed the hearing standards and criteria. > Grace Bean said that her question of whether or not the road would be closed has been answered. > Michael Magus, attorney for the property owner, a Michigan corporation, reviewed the history of this right of way. He said that this little piece was overlooked when the rest of the right of way was transferred to the owner of the property at the time of the Tigard Marketplace development. He said that they were also asking ODOT to sell their piece to them but ODOT's process took longer than a street vacation. He explained that they maintained the entire island, it had an irrigation system in it and easements into the shopping center. Mr. Magus said that they discovered during some research that they did not own the entire island, as they thought they did, and that they were simply trying to rectify the problem. Mr. Magus said that they would enter into a similar agreement with ODOT to rededicate the right of way, should 99W be widened. He asked that the ordinance specifically state that the property will inure to Tax Lot 100 so it would appear that way on the tax rolls. He commented that neither ODOT nor the City Public Works Department wanted to maintain the island. > Tony Cargill asked why 550,000 to 560,000 worth of property was being given away as opposed to selling it at public auction. Ms. Beery explained that a property dedicated for C, public fight of way did not mean the City owned the land. Rather they held it with limitations TIGARD CITY COUNCIL MEETING MINUTES - AUGUST 12, 1997 - PAGE 18 of use as right of way. She said that the only legal way to undo a dedication was through a vacation which meant that the land automatically reverted to the abutting property owner. e. Council Questions f. Mayor Nicoli closed the public hearing. g. Staff Recommendation Mr. Hendryx recommended approval of the ordinance. a Council Deliberation: Ordinance No. 97-09 Motion by Councilor Rohlf, seconded by Councilor Hunt, to adopt Ordinance No. 97-09. The City Recorder read the ordinance by number and title. ORDINANCE 97-09, AN ORDINANCE CONCERNING THE VACATION OF APPROXIMATELY 4,172 SQUARE FEET OF PUBLIC RIGHT OF WAY ABUTTING SW PACIFIC HIGHWAY (99W), SOUTH OF SW PARK STREET AND ADJACENT TO TIGARD MARKETPLACE. Motion was approved by unanimous roll call vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Rohlf and Scheckla voted "yes.") 9. CONSIDER APPROVAL OF FRANCHISE AGREEMENT - METROPOLITAN FIBER SYSTEMS OF OREGON, INC. (MFS) Wayne Lowry, Finance Director, explained that MFS, a subsidiary of WorldCom, was a competitive access provider in telecommunications, running the same type of service as Electric Lightwaves has provided in the Portland/Vancouver area for three to four years. He said that the City entered into a franchise agreement with Electric Lightwaves in 1993) for which they charged 5% of the gross revenue generated within the city. He said that this franchise agreement was virtually identical to the Electric Lightwaves' agreement. Motion by Councilor Hunt, seconded by Councilor Scheckla, to approve Ordinance 97- 10. The City Recorder read the number and title of the ordinance. ORDINANCE NO. 97-10, AN ORDINANCE GRANTING TO METROPOLITAN FIBER SYSTEMS OF OREGON, INC., THE RIGHT AND PRIVILEGE TO CONDUCT A TELECOMMUNICATIONS BUSINESS WITHIN THE CITY OF TIGARD AND TO PLACE, ERECT, LAY, MAINTAIN AND OPERATE IN, UPON, OVER, AND UNDER THE STREETS, ALLEYS, ROADS, ANTD PUBLIC PLACES POLES, WIRES, AND OTHER APPLIANCES FOR COMMUNICATION PURPOSES WITHIN THE CITY OF TIGARD. Motion was approved by unanimous roll call vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Rohlf and Scheckla voted "yes.") TIGARD CITY COUNCIL MEETING MINUTES - AUGUST 12, 1997 - PAGE 19 10. UPDATE: TIGARD TRIANGLE Mr. Hendryx reported on the July 22 workshop conducted by staff to test large scale development against the adopted street plan and design standards for the Tigard Triangle. He said that participants included big box retail developers and Triangle property owners. He stated that the five hour workshop generated valuable discussion. Staff would circulate the draft report summary of the information gained at the workshop amongst the participants prior to bringing it to Council. He mentioned that citizens attended the workshop as observers but only those specifically invited participated in the discussions. He said that the draft report summary would include a list of issues and standards that could be changed to allow big box retail development within the Triangle, if Council wanted to allow that type of development. Councilor Moore requested staff to verify that the workshop participants have in fact received the summary report. 11. COUNCIL REVIEW - REQUEST BY STAFF FOR CLARIFICATION OF REQUIREMENT TO CONNECT TO PUBLIC SEWER (TIGARD TRIANGLE DESIGN STANDARDS) 1,,1r. Hendryx mentioned the intense discussion in the community regarding exactly what the design standards for the Tigard Triangle meant. He cited the provision in the standards that required all new development, including major renovations or remodeling projects that resulted in conversion to a non-single family use, to dedicate and approve public streets, to connect to public facilities such as sewer, water and storm drainage, and to participate in funding future transportation and public improvement projects necessary within the Triangle. He said the intent was to prevent haphazard conversion of houses so that the converted houses would be an asset to the community, not a liability. Mr. Hendryx reviewed the current situation in which a property owner wanted to sell a house for conversion to a business use but was more than 1500 feet away from a sewer line. He said that he interpreted the standards to mean that they had to connect to the sewer with no recourse. k1r. Hendryx noted the Tigard programs for providing sewer facilities, including creation of an LID, the neighborhood sewer extension program (applicable only in residential areas), and reimbursement districts. He reviewed the Council's options, including the status quo, getting involved in construction of sewer facilities, changing the standards to allow the neighborhood sewer program to include mixed use or commercial areas, or requiring the property owner to pay estimated engineering costs into a fund for future installment of sewer into the area (a sewer improvement fund). iv1r. Monahan said that they could develop a program that allowed single properties converting to business use to remain on septic systems (if certified as functional by the County) for a limited amount of time until the sewer was extended to allow a connection. Mr. Hendryx pointed out that this was a requirement unique to the Triangle and did not exist in other areas of the city. ',,favor Nicoli noted that the Craigs had been in the middle of selling their home when this situation arose. Mr. Monahan explained that, while there was still confusion on all the facts TIGARD CITY COUNCIL MEETING MINUTES - AUGUST 12, 1997 - PAGE 20 leading up to this situation, staff met with the buyer's representatives and the property owner to discuss the options available. Mayor Nicoll commented that this situation was not atypical of what would happen in the Triangle where single family homes would convert to business uses house by house. In this case, the people were more than 1500 feet away from a sewer line, and did not have the money, to install that amount of sewer line. The City wanted to encourage development in the Triangle, but this requirement would prevent the people with homes on septic systems from selling their homes. Mayor Nicoli spoke to the City being more proactive and allowing use of sewer fund moneys in this zone, as had been done with the project on Tippitt. He commented that the City would have to put in more infrastructure in the Triangle to encourage the kind of development they wanted to see. He said that he did not want to penalize the current small property owners in the Triangle. Mrs. Craig said that there was interest from the other property owners on the street to connect to city sewer. Mayor Nicoli said that another option to go along with Mr. Monahan's suggestion of certified functional septic systems was to ask for a non-remonstrance for when the sewer came in. Mr. Monahan explained that the Craigs could install a sewer pump to connect to a closer line. The City did not promote pumping but would honor that type of connection if the Craigs chose to go in that direction. Mayor Nicoli pointed out that if the Craigs went with the pump, they in effect penalized their neighbors when the sewer line was put in because they would not want to participate in that line. Councilor Hunt asked why storm water was not included in this discussion also. Mr. Hendryx explained that the storm water sewer was easier to connect to in this situation. Mayor Nicoli asked if the Craigs would have to put in curbs, sidewalks, or street lights under the standards. Mr. Hendryx said that they would have to do a half street improvement for their property to convert to commercial. Mayor Nicoli suggested allowing several homes on a street to convert to commercial and then doing the entire street rather than having piecemeal half street improvements. He said that he saw the half street requirement as more applicable to other areas of Tigard that had large existing commercial properties. Mr. Hendryx said that was an option. Mr. Hendryx pointed out that if an LID process was used, subsequent buyers might not realize that they had this obligation. In addition, waivers of remonstrance were typically only good for 10 years. If the City did not move forward with the improvement, the agreement could lapse, leaving the City with no way to get the improvement built. He reviewed the political process needed to assess the properties for the improvements, questioning how did they handle a converted house versus a house still in residential use. He commented that they could get a cash sum for the property owners, based on the engineering estimates, and hold it in an account for the future street improvements. He recommended that action over an LID. Councilor R.ohlf asked what the cost was for 1500 foot of sewer line. Mrs. Craig said it was $35,000 to $40,000. TIGARD CITY COUNCIL MEETING MINUTES - AUGUST 12, 1997 - PAGE 21 Councilor Rohlf commented that they have worked hard to develop standards for the Triangle, and that he was not willing to trash them. He spoke to the City providing infrastructure as a way to help development move in the direction that they wanted to see it move. Mr. Monahan said that they could use the sewer account funds. Staff could also look into a variety of funds to contribute to building infrastructure to stimulate development, as suggested by Councilor Rohlf. Councilor Hunt said that he would like to resolve the sewer question tonight but discuss the other issues more fully, including the financial side, before making a decision on other infrastructure elements. Councilor Rohlf asked if people from other areas in the Triangle might come and ask for the same thing. Mayor Nicoli said that that was possible. Mr. Monahan commented that they would want to create a program to allow funding of infrastructure. Possibilities included developing a duplicate reimbursement program for commercial areas or a program to provide the sewer line without request by property owners. Councilor Scheckla asked what the time frame was for the Craigs' situation. Mr. Craig said that they were supposed to close on Friday. He said that he would hate to waste the money on a pump if a sewer line would be installed shortly. Mr. Monahan commented that the Craigs did have a County certificate for a sewer system that would function for a commercial property. Perhaps the Council could make an interpretation allowing the use of the septic tank for a short period of time while staff put the sewer program in place. Mayor Nicoli concurred with that suggestion to help the Craigs with their immediate situation. He said that he also favored moving ahead with a program on street infrastructure. Mr. Hendryx said that, based on Council direction, he would interpret the provision to mean that, if sewer was not readily available, an applicant could provide funds that would equal their proportionate share of the cost of installing the sewer line. Tony Cargill asked if this would apply to other transactions coming up in the next few weeks Mayor Nicoli said yes, if they were converting their use. Mr. Cargill said that most people east of 72nd Avenue were interested in converting houses into individual businesses as opposed to selling to a developer accumulating properties for a large development. He expressed concern that a sewer line of adequate size to serve future development be installed. He asked if a variance was a possibility for the Craigs but supported the Council action. Mayor Nicoli said that he thought that the Craigs would not qualify for a variance. Ms. Beery concurred. 12. NON AGENDA ITEMS > Rite Center Update Mr. Monahan reported on his conversation with Kim Brown of Interfaith Outreach Services regarding the Rite Center. They have received their land use approval and expected to break ground in early September, once two small buildings on the property were demolished. They TIG.A,RD CITY COUNCIL MEETING MINUTES - AUGUST 12, 1997 - PAGE 22 intended to operate a shelter this year out of the Methodist church until the Rite Center was completed. The Methodist church postponed remodeling the portion of their building used for the shelter until Interfaith could move into the Rite Center. Interfaith would not operate a severe weather shelter this year. > Councilor Hunt reported that staff informed him that the landscaping approved for the Senior Center should be completed next week. 13. EXECUTIVE SESSION: Cancelled. 14. ADJOURNMENT: 10:58 p.m. Attest: Catherine Wheatley, City Recorder corder or, City of Tigard ;—z Date: TIGARD CITY COUNCIL MEETING MINUTES - AUGUST 12, 1997 - PAGE 23 4 CITY OF TIGARD PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 639-4171, Ext 309 (voice) or 684-2772 (TDD -Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting date at the same phone numbers as listed above: 639-4171, x309 (voice) or 6842772 (TDD -Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA - AUGUST 12, 1997 - PAGE 1 AGENDA CITY COUNCIL MEETING - AUGUST 12, 1997 6:30 p.m. • STUDY SESSION > Executive Session: The Tigard City Council will go into Executive Session under the provisions of QRS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. > City Events: Policy Discussion on City Participation and Contributions > National League of Cities Conference -Distribute Information 7:30 p.m. 1. BUSINESS MEETING 1.1 Call to Order-City Council & Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications/Liaison Reports 1.5 Call to Council and Staff for Non Agenda Items 2. PRESENTATION: APPRECIATION ACKNOWLEDGEMENT FOR KATHY DAVIS LIBRARY DIRECTOR AND CITY EMPLOYEE FOR OVER 21 YEARS 3. VISITOR'S AGENDA (Two Minutes or Less, Please) 4. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 4.1 Approve Council Minutes: June 17, 24 and July 8 and 15, 1997 4.2 Receive and File: a. Council Calendar b. Tentative Agenda 4.3 Amend the City of Tigard's ICMA Deferred Compensation Plan and Trust Agreement in Accordance with Internal Revenue Code Amendments - Resolution No. 97- 4.4 Approve Acquisition of Property Located within the Fanno Creek Right of Way (listed in the 1997-98 Capital Improvement Program) and Authorize the Mayor to Sign the Purchase and Sale Agreement 4.5 Approve Budget Adjustment for Business Tax Revenue - Resolution No. 97- 4.6 Approve Intergovernmental Agreement for Property Acquisition at the Intersection of Walnut and Tiedeman Avenues and Authorize the Mayor to Sign the Agreement 4.7 Adopt Tualatin Valley Fire and Rescue District Ordinance No. 96-01 - Resolution No. 97- COUNCIL AGENDA - AUGUST 12, 1997 - PAGE 2 4.8 Local Contract Review Board: a. Award Bid to Ward-Henshaw Construction Company for the Menlor Reservoir Project • Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. 5. PUBLIC COMMENT: GREENSPACES PROGRAM — PROPOSALS FOR CHANGES TO THE CITY'S OFFICIAL LIST OF GREENSPACE PROJECTS AND TO THE PROCESS USED TO IMPLEMENT THESE PROJECTS a. Staff Report: Community Development Department b. Public Comment e. Council Questions/Comments f. Close Public Hearing g. Council Deliberation: Motion for Direction' 6. UPDATE: TREE PLANTING PROGRAM Public Works Director 7. PUBLIC HEARING (LEGISLATIVE) - PROPOSAL TO AMEND THE COMMUNITY DEVELOPMENT CODE (TITLE 18) BY ESTABLISHING STANDARDS FOR WIRELESS COMMUNICATION FACILITIES BY ADOPTING A NEW CHAPTER: TMC 18.152 a. Open Public Hearing b. Declarations or Challenges C. Staff Report: Community Development Department d. Public Testimony (Opponents, Proponents) e. Council Questions f. Close Public Hearing g. Staff Recommendation h. Council Consideration: Ordinance No. 97- 8. PUBLIC HEARING (QUASI-JUDICIAL) - VACATION - PUBLIC RIGHT OF WAY (Approximately 4,172 Square Feet of Public Right of Way abutting SW Pacific Highway (99", south of Park Street, and adjacent to Tigard Marketplace) a. Open Public Hearing b. Declarations or Challenges C. Staff Report: Community Development Department d. Public Testimony (Opponents, Proponents, Rebuttal) e. Council Questions f. Close Public Hearing g. Staff Recommendation h. Council Consideration: Ordinance No. 97- COUNCIL AGENDA - AUGUST 12, 1997 - PAGE 3 9. CONSIDER APPROVAL OF FRANCHISE AGREEMENT- METROPOLITAN FIBER SYSTEMS OF OREGON, INC. (MFS) • Finance Director • Council Discussion • Council Consideration: Ordinance No. 97- (MFS) 10. UPDATE: TIGARD TRIANGLE • Community Development Director 11. COUNCIL REVIEW - REQUEST BY STAFF FOR CLARIFICATION OF REQUIREMENT TO CONNECT TO PUBLIC SEWER (TIGARD TRIANGLE DESIGN STANDARDS) Community Development Director 12. NON-AGENDA ITEMS 13. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. As you are aware, all discussions within this session are confidential, therefore nothing from this meeting may be disclosed by those present Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. 14. ADJOURNMENT iAadmkathy\cca\970812p.doc COUNCIL AGENDA • AUGUST 12, 1997 - PAGE 4 AGENDA ITEM#: 71 _ For Agenda of: 57 CITY OF TIGARD,OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Vacation of approximate 4.172 square feet of public right-of-my abuttiLliz S Pacific Highway (99M. south of SW Park Street, and ad.jarcnt to Tigard Markelplacc, PREPARED BY: illimi QIdrea DEPT READ OK�( —CITY ADMIN OK ISSUE BEFORE THE COUNCIL Should the Tigard City Council vacate approximately 4,172 square feet of public right-of-way abutting SW Pacific Highway(99W), south of SW Park Street,and adjacent to Tigard Marketplace? STAFF RECOMMENDATION It is recommended that the Council approve the vacation as requested. INFORMATION SUMMARY Council initiated this vacation at a public hearing held on July 8, 1997 (see Exhibit D, Res.No. 97-28). Michael Magnus, the representative for Pacific Corp. is requesting that the Tigard City Council vacate approximately 4,172 square feet of public right-of-way abutting SW Pacific Highway (99W), south of SW Park Street, and adjacent to Tigard Marketplace. In 1986, Ordinance No. 86-19 vacated a portion of a frontage road along SW Pacific Highway (99W) to facilitate a commercial development planned for the area. In 1987, a Site Development Review (SDR 87-15) was approved to allow the construction of a 153,180 square foot retail center, commonly known as Tigard Marketplace. Since the 1986 street vacation vacated only a portion of the frontage road right-of-way, a portion of that right-of-way still remains. Within that right-of-way is an approximately 8,617 square foot landscaped area that is adjacent to the access road leading into the Tigard Marketplace Center. Approximately 4,172 square feet of the right-of-way is owned by the City of Tigard and approximately 4,445 square feet is owned by the Oregon Department of Transportation(ODOT). The landscaped area supplements the landscaping of the center, and is also maintained by the center. The petitioner is requesting that the City of Tigard vacate the 4,172 square foot portion of the remaining frontage road right-of-way containing the landscaped island. At this point in time, it is unclear whether ODOT will work out a sale agreement with the applicant. The City's decision of the vacation request does not require resolution of the ODOT property. ODOT has stated that it does not oppose the request to vacate the City's right-of-way, provided there is a condition that the applicant agree to rededicate any land area needed for future widening of SW Pacific Highway. In the future, there's the possibility that SW Pacific Highway (99W) will be widened to six (6) lanes. The full right-of-way width for the possible widening project is not known at this time but could extend 56 feet from centerline. A small portion of the proposed right-of-way to be vacated is within the 56 feet from centerline right-of- way width. The applicant has agreed to re-dedicate to the public any land within the requested vacation area that Tigard Marketplace Public R.O.W. Street Vacation iAci"ide\sum\vactgmktsm2 Page 1 of 2 Will D. 29-Jul-97 4:23 PM might be necessary in the future widening of SW Pacific Highway (99W). Such re-dedication will occur in the future at which time the right-of-way is deemed as necessary. The City of Tigard Water Department,Northwest Natural Gas, and General Telephone Electric Company have had the opportunity to review the proposal and have indicated that there are existing buried facilities within the right- of-way to be vacated. A condition will be imposed that will require the provision of a utility easement over the area to be vacated. Attachments: Exhibit A-(Site plan) Exhibit C -(Vicinity map) Exhibit B -(Legal description) Exhibit D-(Resolution No. 97-28) OTHER ALTERNATIVES CONSIDERED 1. Approve the vacation request. 2. Deny the vacation request. 3. Take no action at this time. Tigard Marketplace Public R.O.W. Street Vacation iAcitywide\sum\vactgmkLsm2 Page 2 of 2 Will D. 29-Jul-97 4:23 PM CITY OF TIGARD,OREGON ORDINANCE NO. 97- AN ORDINANCE CONCERNING THE VACATION OF APPROXIMATELY 4,172 SQUARE FEET OF PUBLIC RIGHT-OF-WAY ABUTTING SW PACIFIC HIGHWAY (99W), SOUTH OF SW PARK STREET,AND ADJACENT TO TIGARD MARKETPLACE. WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code at a public hearing held on July 8, 1997; and WHEREAS,the right-of-way was previously dedicated to the public; and WHEREAS, in 1986, Ordinance No. 86-19 vacated a portion of a frontage road along SW Pacific Highway (99W)to facilitate a commercial development planned for the area; and WHEREAS, in 1987, a Site Development Review(SDR 87-15)was approved to allow the construction of a 153,180 square foot retail center,commonly known as Tigard Marketplace; and WHEREAS,the 1986 street vacation vacated only a portion of the frontage road right-of-way; and WHEREAS, the remaining portion of the right-of-way contains a 8,617 square foot landscaped area that is adjacent to the access road that leads into the Tigard Marketplace Center; and WHEREAS, approximately 4,172 square feet of public right-of-way (roughly half of the landscape island) may no longer be necessary; and WHEREAS, the vacation was initiated by the City Council and approval has been recommended by the Community Development Department; and WHEREAS, all affected service providers, including utility companies and emergency service providers, have had the opportunity to review the vacation proposal and have no objections; and WHEREAS, the Western Bypass Study, Project #406, Tigard Triangle Comprehensive Plan Amendment (CPA 96-0008) and the Portland to Lincoln City Corridor, Interim Corridor Strategy (March 1997) discuss the possibility of the future widening of SW Pacific Highway to six (6) lanes (or an estimated right-of-way width of 56 feet from centerline); and WHEREAS,a small portion of the proposed area to be vacated is within the 56-foot right-or-way; and WHEREAS, it is in the public interest to prevent the future purchase of property which is currently within the public right-of-way; and WHEREAS, the applicant has agreed to re-dedicate to the public, any land within the requested vacation area that may be necessary in the future for widening SW Pacific Highway; and ORDINANCE NO.97- is\citywide\ord\vactgmk2.ord Page 1 of 3 Will D. 29-Jul-97 4:17 PM WHEREAS, a condition is necessary that requires the applicant to enter into an agreement to grant the re-dedication,to occur at the time the right-of-way is deemed to be necessary; and WHEREAS, GTE Telephone Operations has 2 existing 4-inch conduits with cable in them paralleling the north side of the access road which will require the granting of a utility easement; and WHEREAS, Northwest Natural Gas has facilities within the proposed vacation area which will require the granting of a utility easement for right of access, repair, and/or replacement, and requiring that no structure be built or erected within a distance of ten feet from the centerline of said facilities; and WHEREAS, the City of Tigard Water Department has a 12-inch water main located within the proposed vacation area that will require the granting of a 15-foot utility easement; and WHEREAS,notice has been mailed to all property owners abutting said vacation area and all owners in the affected area,as required by ORS 271.080; and WHEREAS, in accordance with Tigard Municipal Code 15.08.120, the City Recorder posted notice in the area to be vacated and published notice of the public hearing; and WHEREAS,the property owners of the majority of the area affected have not objected in writing; and WHEREAS, the City Council having considered the request on August 12, 1997, finds that it is in the public interest to approve the request to vacate said public right-of-way as the public interest will not be prejudiced by this vacation, as provided be ORS 271.120 and TMC Section 15.08.130; and WHEREAS,the Council finds that the following conditions are necessary to vacate said land: 1. A utility easement shall be provided within the vacation area. 2. The property owner shall enter into an agreement to re-dedicate to the public, any land within the requested vacation area that may be deemed necessary in the future for the widening of SW Pacific Highway , (99W). NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of said approximately 4,172 square feet of public right-of-way as shown and described on the attached Exhibits A and B (map and legal description of area to be vacated), and by this reference, made part thereof. SECTION 2: The Tigard City Council further orders that the vacation be subject to the following conditions: ORDINANCE NO.97- i:\citywide\ord\vactgmk2.ord Page 2 of 3 Will D. 29-Jul-97 4:17 PM 1. A utility easement shall be provided within the area to be vacated. 2. The property owner shall enter into an agreement to re-dedicate to the public, any land within the requested vacation area that may be deemed necessary in the future for the widening of SW Pacific Highway(99W). SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor, and posting by the City Recorder. PASSED: By vote of all Council members present after being read by number and title only,this day of , 1997. Catherine Wheatley,City Recorder APPROVED: By Tigard City Council this day of , 1997. James Nicoli, Mayor Approved as to form: City Attorney Date ORDINANCE NO.97- i\citywide\ord\vactgmk2.ord Page 3 of 3 Will D. 29-Jul-97 4:17 PM j JBI�l f � , / ur jj i , f i / r O rr G� r 110- r 1 AV- C.r ♦ I j 4Qi II SCALE: I"=30• i i r / i / r I PACrT REC.S'.ER10 I .0 3I10IFEs:sON-% IBIT B &AND 3URVEY0 !4405 S.W. Nimbus Avenue A' Beaverton,OR 97008.;',120 /fin OREGON JULY 30. 1976 GRAN D.ABBOTT 99W, TIGARD - CITY OF TIGARD PARCEL MAY 22, 1997 . 12-,?1-97 FILE: 4-1422-0501 A parcel of land lying in the George Richardson D.L.C. No. 38, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, and being a portion of Taylors Bridge Road (County Road No. 477) lying southeasterly of a line 48 feet southeasterly and parallel from the following described center line of the relocated Pacific Highway West: Beginning at Engineer' s center line Station 116+98.50, said station being North 00'13 ' 41" West 2, 340. 83 feet and North 89°46119" East 1, 055. 97 feet from the southwest corner of Section 2, Township 2 South, Range 1 West, Willamette Meridian; thence 251.30 feet along the arc of a 2, 865 foot radius curve to the left through a central angle of 5°01' 32" (the long chord bears South 38022135" West 251.22 feet) to a point of compound curvature at Engineer' s Station 119+49. 8; thence 206. 40 feet along the arc of a 5, 521.80 foot radius curve to the left through a central angle of 2°08130" (the long chord bears South 34°47 ' 34" West 206. 39 feet) to a point of tangency at Engineer' s Station 121+56.20; thence South 33043 ' 19" West 1,243. 80 feet to Engineer' s Station 134+00. Commencing at a point which is 48 feet southeasterly and opposite center line Station 121+56.20 P.T. ; thence South 33°43119" West, parallel to said center line, 202.79 feet to the most northerly corner of that tract of land conveyed to .Tigard East Associates, recorded in Fee No. 87-31809, Washington County Deed Records; thence South 51°02100" East, along the northeasterly line of said Tigard East Associates tract 19. 91 feet to a point on the nor-he-asterly right-of-way line of said Taylors Bridge Road and the TRUE POINT OF BEGINNING; thence, along said right-of-way line, North 39°04 ' 00" East 101. 61 feet; thence North 21°30 ' 51" East 132. 41 feet to a point of cusp; thence 52. 44 feet along the arc of a 24 . 20 foot radius cruve to the right through a central angle of 124008 ' 28" (the long chord bears South 22°58 ' 36" East 42. 77 feet) ; thence South 33°25 ' 28" West 202.22 feet to a point of curvature; thence 8 . 11 feet along the arc of a 14 . 02 foot radius curve to the right through a central angle of 33°08 ' 03" (the long chord bears South 45°5252" West 8 .00 feet) ; thence North 51°02 ' 00" West 16. 64 feet to the POINT OF BEGINNING. Contains 4, 172 square feet more or less . File:-:\project\14220501\wpdata\cot38.Ieq EXHIBIT AGE-( - PAGE- (503) 503)626-0455 Fax(503)526-0775 Planning•Engineering•Surveying•Landscape Architecture•Environmental Services V1/q�N Co Q. CT yS� - r PRK ST Cu SUBJECT U TO BE YA » F� L.. _. Cu Q 4- a Co icinitvmap " TICARD MKTPLACE PUBLIC Note: Map is not to scale R.O.W.EASEMENT VACATION LEXHIBIT n CITY OF TIGARD,OREGON RESOLUTION NO.97-0 A RESOLUTION lN`rMTING THE VACATION OF APPROXDIATELY 4,172 SQUARE FEET OF PUBLIC RIGHT-OF-WAY ADJACENT TO SW PACIFIC HIGHWAY,SOUTH OF SW PARK STREET AND ADJACENT TO TIGARD MARKETPLACE. WHEREAS,the right-of-way had been dedicated to the public;and, WHEREAS, in 1986, a street vacation (Ordinance 86-19) was approved to vacate a portion of a frontage road along SW Pacific Highway,to facilitate a commercial development planned for the area;and, WHEREAS, in 1987, a Site Development Review (SDR 87-15) was approved to allow the construction of a 153,184 square foot retail center,commonly known as Tigard Marketplace;and, WHEREAS, since the 1986 street vacation only vacated a portion of the frontage road right-of-way, a portion of the right-of-way remained, and within that right-of-way is a landscaped area that is adjacent to the access road leading into the Tigard Marketplace center,and, WHEREAS,the petitioner is requesting that the City of Tigard initiate vacation proceedings to vacate a portion of the remaining frontage mad right-of-way that contains the landscape island; and, WHEREAS,the approximately 4,172 square feet of public right-of-way may no longer be necessary;and, WHEREAS,the Tigard City Council finds it appropriate to initiate proceedings for the requested vacation. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: Section 1: The Tigard City Council initiates a request for the vacation of approximately 4,172 square feet of public right-of-way adjacent to SW Pacific Highway, south of SW Park Street and adjacent to Tigard Marketplace,as more particularly described in Exhibit"A". Section 2: A public hearing is hereby called to be held by the City Council on Tuesday, August 12, 1997, at 7:30 p.m. at Tigard City Hall, 13125 SW Hall Boulevard, within the City of Tigard, at which time and place the Council will hear any objections thereto, and any interested person may appear and be heard for or against the proposed vacating of said public right-of-way. Section 3: The City Recorder is hereby authorized and directed to cause to have published in the Tigard Tunes, a newspaper of general circulation in the City of Tigard, a notice of said hearing, the fust publication to be on July 24, 1997 and the final publication to be on July 31, 1997. The Recorder is further directed to cause to have posted within five (5) days after the date of first publication, a copy of said notice at, or near, each end of the area proposed to be vacated. RESOLUTION NO.97-�S Page i of 2 04tywidelt Wac:igz ihint 09(0&9612.04 PM Section 4: The particula. Lblic right-of-way to be vacated is shc,..a on the attached Exhibit "A" and by reference, made a part hereof. PASSED: This day of 997. Mayor-C' of igard ATTEST: City Recorder-City of Tigard RESOLUTION NO.97--2—C Page 2 of 2 i:lcitywide\tu\vactznla int 08/0895 12-04 Pbt A ff d 00'15'S1" R 5473.80' EXHIBIT ", 7 L - 25.2 4• a 3.23 37'• / JX R = 24.20` L = i,43' / 1 • M �7 /��. C C) �r •ry� Off• b„ O POB rf p 4 110.0 lrQ, r� G *1► alli AV f f �tZ• f i c� pct` • . SCALE: 1"=30' ff Ssl© I' �. f tea, l6, r r r i POB ; r O = 33'08'03" R = 14.02' EXHIBIT e) _ PAGOF REct:5�"Erto I PACL-71C -FLAN PROFESSION"' U05 S.W. Nimbus Awnue ~_ Beaverton.OR 9700&71 20 '44" ,0 EXHIBIT "A" OREG V JULY 30.1978 GRAN Q.ASS=99W, TIGARD - CITY OF TIGARD PARCEL RENEWAL' MAY 22, 1997 FILE: 4-1422-0501 A parcel of land lying in the George Richardson D.L.C. No. 38, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, and being a portion of Taylors Bridge Road (County Road No. 477) lying southeasterly of a line 48 feet southeasterly and parallel from the following described center line of the relocated Pacific Highway West: Beginning at Engineer' s center line Station 116+98.50, said station being North 00°13141" West 2, 340.83 feet and North 8946119" East 1, 055. 97 feet from the southwest corner of Section 2, Township 2 South, Range 1 West, Willamette Meridian; thence 251.30 feet along the arc of a 2, 865 foot radius curve to the left through a central angle of 5°01132" (the long chord bears South 38022' 35" West 251.22 feet) to a point of compound curvature at Engineer' s Station 119+49.8; thence 206. 40 feet along the arc of a 5, 521.80 foot radius curve to the left through a central angle of 2°08 ' 30" (the long chord bears South 34°47134" West 206. 39 feet) to a point of tangency at Engineer' s Station 121+56.20; thence South 33°43 ' 19" West 1,243. 80 feet to Engineer' s Station 134+00. Commencing at a point which is 48 feet southeasterly and opposite center line Station 121+56.20 P.T. ; thence South 33°43119" West, parallel to said center line, 202.79 feet to the most northerly corner of that tract of land conveyed to .Tigard East Associates, recorded in Fee No. 87-31809, Washington County Deed Records; thence South 51°02100" East, along the northeasterly line of said Tigard East Associates tract 19. 91 feet to a point on the nor!--he steely right-of-way line of said Taylors Bridge Road and the TRUE POINT OF BEGINNING; thence, along said right-of-way line, North 39°04100" East 101. 61 feet; thence North 21°3051" East 132 . 41 feet to a point of cusp; thence 52. 44 feet along the arc of a 24 . 20 foot radius cruve to the right through a central angle of 124008 ' 28" (the long chord bears South 22°58 ' 36" East 42. 77 feet) ; thence South 33°25128" West 202.22 feet to a point of curvature; thence 8 . 11 feet along the arc of a 14 . 02 foot radius curve to the right through a central angle of 33°08 ' 03" (the long chord bears South 45°52 ' 52" West 8. 00 feet) ; thence North 51°02100" West 16. 64 feet to the POINT OF BEGINNING. Contains 4, 172 square feet more or less. File:i:\project\14220581\wpdata\cot39.leg E)(H1BlT 14 PAGE_.1._-OF l (503)626-0455 Fax(503)526-0715 Planning•Engineering•Surveying•Landscape architecture•Environmental Services 0 n 7/30/97 DEPARTMENT OF City of Tigard TRANSPORTATION Planning Division 13125 SW Hall Boulevard Region 1 Tigard, OR 97223 Att: Will D-Andrea FILE CODE: Re: Additional Comments Tigard Marketplace Public Right-of-Way Easement Vacation PLA9-2A-TIG-1W Following submission of our original comments on 7/29/97, 1 was contacted by both the applicant's representative, Michael Magus, and yourself regarding this proposal. As explained, the City would retain the right to °un-vacate" their portion of the right of way if/when widening of 99W occurs. Therefore, ODOT withdraws its opposition to the vacation of the City-owned portion of the right of way. It is now my understanding that a vacation of the ODOT portion is not part of the current application. At this time, however, it is still unclear whether ODOT will be able to work out a sale agreement with the applicant which could protect our future ability to use the ODOT-portion of the right of way for the widening of 99W. Leasing of the parcel for a sign is prohibited by current ODOT regulation. Please contact me at 731-8282 if you have questions regarding the above. Sonya azen, Development Review Coordinator cc: Marty Jensvold, Traffic, ODOT Region 1 Kevin Thiele, Jane Estes, ODOT District 2A Rolland Arney, Rodger Jarmer, Right of Way, ODOT Region 1 ja o Igy9� 123 NW Flanders Portland, OR 97209-4037 (503) 731-8200 Form 714-is30(ii Q4) FAX (503) 731-8259 0 a c„ 0 (D -n cQ _ 'o 92 N < NQ W v ci7 H W N Vi IO H In fLy OdO ha r' N Ucnt� n PCIbC) W ,� J o tt N H o iy x H �n�ta-nm OO'HOH )3 CD WOO y mmd1 �- -t7G OZ oEm ttt G�'�H [ �OTJ(ti•J rs� J3 OAO N Z BIZ RAN rd IXW -3 IUD 'UN o x< G �. �m G m o � z Q Zi- 0 F• Ul A as MI- Ln q` e N 5 w •,I gon 7/30/97 DEPARTMENT OF City of Tigard TRANSPORTATION Planning Division 13125 SW Hall Boulevard Region 1 Tigard, OR 97223 Att: Will D-Andrea FILE CODE: Re: Additional Comments Tigard Marketplace Public Right-of-Way Easement Vacation PLA9-2A-TIG-1W Following submission of our original comments on 7/29/97, 1 was contacted by both the applicant's representative, Michael Magus, and yourself regarding this proposal. As explained, the City would retain the right to "un-vacate" their portion of the right of way if/when widening of 99W occurs. Therefore, ODOT withdraws its opposition to the vacation of the City-owned portion of the right of way. It is now my understanding that a vacation of the ODOT portion is not part of the current application. At this time, however, it is still unclear whether ODOT will be able to work out a sale agreement with the applicant which could protect our future ability to use the ODOT-portion of the right of way for the widening of 99W. Leasing of the parcel for a sign is prohibited by current ODOT regulation. Please contact me at 731-8282 if you have questions regarding the above. Sonya azen, Development Review Coordinator cc: Marty Jensvold, Traffic, ODOT Region 1 Kevin Thiele, Jane Estes, ODOT District 2A Rolland Arney, Rodger Jarmer, Right of Way, ODOT Region 1 /859- 123 NW Flanders Portland, OR 97209-4037 (503) 731-8200 _1850(11/91) FAX (503) 731-8259 07.28'97 16:31 '$5037313259 ODOT --REGION 1 0001,/001 City of Tigard i Planning Division 13125 SW Hall Boulevard Tigard, OR 97223 DEPARTMENT 01 Att: Will D-Andrea TRANSPORTATIOr Re: Tigard Marketplace Region 1 Public Right-of-Way Easement Vacation PLA9-2A-TIG-1 W Thank you for providing ODOT the opportunity to FtLt coni: PP Y participate in the review of this Proposed right of way vacation_ The property is adjacent to 99W/pacific Highway which is an ODOT facility of statewide significance. The Department has an interest in ensuring that future operations of this facility would not be compromised by the Proposed vacation. The western portion of the subject property is in ODOT ownership and currently leased to the applicant; the eastern portion is owned by the City of Tigard. The Western Bypass Study, Project#406 recommended the widening of the section of 99W between Durham Road and Commercial Avenue to 6 lanes. The findings of this study were recently adopted by Metro as part of the Regional Transportation Plan. The 99W Corridor Study Strategy has recommended that 99W be widened to 7 lanes. We have calculated that 56 feet from centerline would be needed to accommodate the future widening of 99W. Additional right of way could potentially be needed if development in the area pushed the need for additional right or left turn lanes. Therefore, ODOT does not support vacation of the ODOT portion of this property at this time_ Additionally, we do not support vacation of the City of Tigard piece of this right-of- way, as due to the irregular shape of the two parcels the northern portion of the City's parcel would also be needed for the planned 99W capacity expansion_ Additionally, we will be recommending to the ODOT Right of Way section that sale of this parcel not be considered at this time. Plea a contact me at 731-8282 if you have any questions regarding the above. onyx en, Development Review Coordinator cc: Marty Jensvold, Traffic, ODOT Region 1 Harold Lasley, Jane Estes, ODOT District 2A Leo Huff, Planning, ODOT Region 1 Rolland Arney, Rodger Jarmer, ODOT Region 1 Right of Way 123 NW Flanders Portland, OR 97209-4037 %,34-1'��(11%94) (503) 73I-8200 FAX (503) 731-8259 -6 n City of Tigard Planning Division 13125 SW Hall Boulevard DEPARTMENT OF Tigard, OR 97223 TRANSPORTATION Att: Will D-Andrea Region 1 Re: Tigard Marketplace Public Right-of-Way Easement Vacation PLA9-2A-TIG-1W FILE CODE: Thank you for providing ODOT the opportunity to participate in the review of this proposed right of way vacation. The property is adjacent to 99W/Pacific Highway which is an ODOT facility of statewide significance. The Department has an interest in ensuring that future operations of this facility would not be compromised by the proposed vacation. The western portion of the subject property is in ODOT ownership and currently leased to the applicant; the eastern portion is owned by the City of Tigard. The Western Bypass Study, Project#406 recommended the widening of the section of 99W between Durham Road and Commercial Avenue to 6 lanes. The findings of this study were recently adopted by Metro as part of the Regional Transportation Plan. The 99W Corridor Study Strategy has recommended that 99W be widened to 7 lanes. We have calculated that 56 feet from centerline would be needed to accommodate the future widening of 99W. Additional right of way could potentially be needed if development in the area pushed the need for additional right or left turn lanes. Therefore, ODOT does not support vacation of the ODOT portion of this property at this time. Additionally, we do not support vacation of the City of Tigard piece of this right-of- way, as due to the irregular shape of the two parcels the northern portion of the City's parcel would also be needed for the planned 99W capacity expansion. Additionally, we will be recommending to the ODOT Right of Way section that sale of this parcel not be considered at this time. PleaTe contact me at 731-8282 if you have any questions regarding the above. r Ac-'-, Sonya en, Development Review Coordinator cc: Marty Jensvold, Traffic, ODOT Region 1 Harold Lasley, Jane Estes, ODOT District 2A Leo Huff, Planning, ODOT Region 1 Rolland Arney, Rodger Jarmer, ODOT Region 1 Right of Way 10 :'Z 123 NW Flanders Portland, OR 97209-1037 (503) 731-8200 Form 731-1850(11/94) FAX (503) 731-8259 CITY OF TIGARD,OREGON RESOLUTION NO.97-c - A RESOLUTION INITIATING THE VACATION OF APPROXIMATELY 4,172 SQUARE FEET OF PUBLIC RIGHT-OF-WAY ADJACENT TO SW PACIFIC HIGHWAY, SOUTH OF SW PARK STREET AND ADJACENT TO TIGARD MARKETPLACE. WHEREAS,the right-of-way had been dedicated to the public; and, WHEREAS, in 1986, a street vacation (Ordinance 86-19) was approved to vacate a portion of a frontage road along SW Pacific Highway,to facilitate a commercial development planned for the area; and, WHEREAS, in 1987, a Site Development Review (SDR 87-15) was approved to allow the construction of a 153,180 square foot retail center,commonly known as Tigard Marketplace; and, WHEREAS, since the 1986 street vacation only vacated a portion of the frontage road right-of-way, a portion of the right-of-way remained, and within that right-of-way is a landscaped area that is adjacent to the access road leading into the Tigard Marketplace center; and, WHEREAS,the petitioner is requesting that the City of Tigard initiate vacation proceedings to vacate a portion of the remaining frontage road right-of-way that contains the landscape island; and, WHEREAS,the approximately 4,172 square feet of public right-of-way may no longer be necessary; and, WHEREAS,the Tigard City Council finds it appropriate to initiate proceedings for the requested vacation. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: Section 1: The Tigard City Council initiates a request for the vacation of approximately 4,172 square feet of public right-of-way adjacent to SW Pacific Highway, south of SW Park Street and adjacent to Tigard Marketplace, as more particularly described in Exhibit"A". Section 2: A public hearing is hereby called to be held by the City Council on Tuesday, August 12, 1997, at 7:30 p.m. at Tigard City Hall, 13125 SW Hall Boulevard, within the City of Tigard, at which time and place the Council will hear any objections thereto, and any interested person may appear and be heard for or against the proposed vacating of said public right-of-way. Section 3: The City Recorder is hereby authorized and directed to cause to have published in the Tigard Times, a newspaper of general circulation in the City of Tigard, a notice of said hearing, the first publication to be on July 24, 1997 and the final publication to be on July 31, 1997. The Recorder is further directed to cause to have posted within five (5) days after the date of first publication, a copy of said notice at, or near, each end of the area proposed to be vacated. RESOLUTION NO.97- Page 1 of 2 i:\citywide\res\vactgmkt.int 08/08/96 12:04 PM Section 4: The particular public right-of-way to be vacated is shown on the attached Exhibit "A" and by reference,made a part hereof. PASSED: This day of 997. Mayor- C' of igard ATTEST: �c. 1P r,-t Gv City Recorder- City of Tigard RESOLUTION NO.97- Page 2 of 2 i:\citywide\res\vactgmkt.int 08/08/96 12:04 PM WMIDI ` A Q = 00'15'51" EXHIBIT �9 '� , � L ® 25.24' 0' 52�0' 3 _ .23/,37„� � R e 24.20° L = 1.43' T i POB / �`►��. 110, CQ 4 M 4. i/ dg9 �b-' tip ���' �4� /� SCALE: 1"=30' i POB i A = 33'08'03" / R = 14.02' ' EXHIBIT PAGE OF.J._- 0 ACI IC PROFESSIONAL I 6 i �N0 ,DURVF�'0 ,I I8405 S.i�l. Nimbus Avenuc Beaverton,OR 97008-7120V. EXHIBIT ••A" 0REG N LORAN D.AB JULY 30. 1976 ABBOTT 99W, TIGARD - CITY OF TIGARD PARCEL RENEWAL �Z_.'✓_9, MAY 22, 1997 FILE: 4-1422-0501 A parcel of land lying in the George Richardson D.L.C. No. 38, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, and being a portion of Taylors Bridge Road (County Road No. 477) lying southeasterly of a line 48 feet southeasterly and parallel from the following described center line of the relocated Pacific Highway West: Beginning at Engineer' s center line Station 116+98. 50, said station being North 00013141" West 2, 340. 83 feet and North 89°46' 19" East 1, 055. 97 feet from the southwest corner of Section 2, Township 2 South, Range 1 West, Willamette Meridian; thence 251. 30 feet along the arc of a 2, 865 foot radius curve to the left through a central angle of 5°01 ' 32" (the long chord bears South 38022135" West 251.22 feet) to a point of compound curvature at Engineer' s Station 119+49. 8; thence 206. 40 feet along the arc of a 5, 521. 80 foot radius curve to the left through a central angle of 2°08 ' 30" (the long chord bears South 34°47134" West 206. 39 feet) to a point of tangency at Engineer' s Station 121+56. 20; thence South 33043 ' 19" West 1, 243. 80 feet to Engineer' s Station 134+00. Commencing at a point which is 48 feet southeasterly and opposite center line Station 121+56.20 P.T. ; thence South 33°43 ' 19" West, parallel to said center line, 202 . 79 feet to the most northerly corner of that tract of land conveyed to Tigard East Associates, recorded in Fee No. 87-31809, Washington County Deed Records; thence South 51°02 ' 00" East, along the northeasterly line of said Tigard East Associates tract 19. 91 feet to a point on the northeasterly right-of-way line of said Taylors Bridge Road and the TRUE POINT OF BEGINNING; thence, along said right-of-way line, North 39004100" East 101. 61 feet; thence North 21030 ' 51" East 132. 41 feet to a point of cusp; thence 52. 44 feet along the arc of a 24 . 20 foot radius cruve to the right through a central angle of 124008 ' 28" (the long chord bears South 22058 ' 36" East 42 . 77 feet) ; thence South 33025 ' 28" West 202 . 22 feet to a point of curvature; thence 8 . 11 feet along the arc of a 14 . 02 foot radius curve to the right through a central angle of 33008 ' 03" (the long chord bears South 45052 ' 52" West 8 . 00 feet) ; thence North 51002100" West 16. 64 feet to the POINT OF BEGINNING. Contains 4, 172 square feet more or less . File:i:\project\19220501\wpdata\cot38.leq EXHIBIT PAGE =.—OF (503)626-0455 Fax(503)526-0775 Planning-Engineering-Surveying 9 Landscape Architecture-Environmental Services CRY OF TIGARD Community(Development ShapingA(Better Community Low: EA G.-NOT.... : ....... .:,:UB BIN -. 10 NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY. AUGUST 12. 1997 AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: FILE TITLE: TIGARD MARKETPLACE PUBLIC RIGHT-OF-WAY EASEMENT VACATION APPLICANT: Michael G. Magnus OWNER: Pacific Corp. Anderson & Magnus, P.C. c/o Tigard Marketplace Park Plaza West, Suite 460 13500 SW Pacific Highway 10700 SW Beaverton-Hillsdale Hwy. Tigard, OR 97223 Beaverton, OR 97005 REQUEST > A request to vacate approximately 4,172 square feet of public right-of-way of a remaining portion of the frontage road along Highway 99W (County Road #477) adjacent to the access road leading into the Tigard Marketplace center. LOCATION: Adjacent to SW Pacific Highway, South of SW Park Street, and adjacent to the Tigard Marketplace. ZONE: N/A THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER 18.30. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 6842772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE CITY COUNCIL WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE CITY COUNCIL MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION, OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION AFTER JULY 11, 1997, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. A REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY HEARING (ORS 197.763(6). TIGARD MARKETPLACE PUBLIC RIGHT-OF-WAY EASEMENT VACATION PROPOSAUREOUEST FOR COMMENTS INCLUDED IN THIS NOTICE IS A LIST APPROVAL CRITERIA APPLICABLE THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE CITY COUNCIL WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE HEARINGS AUTHORITY AND ALL PARTIES TO RESPOND PRECLUDES AN APPEAL, AND FAILURE TO SPECIFY THE CRITERION FROM THE COMMUNITY DEVELOPMENT CODE OR COMPREHENSIVE PLAN AT WHICH A COMMENT IS DIRECTED PRECLUDES AN APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25C) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25c) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE CITY RECORDER OR STAFF PLANNER WILLIAM VANDREA AT(503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. N A wA�N CT PARK ST I SOBIEST n To BE ? >> I T TIGARD MARKETPLACE PUBLIC RIGHT-OF-WAY EASEMENT VACATION PROPOSALIREQUEST FOR COMMENTS AGENDA ITEM # 3�— For Agenda of_7�' ! _ CITY OF TIGARD, OREGON l COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Initiation of Vacation Proceedings for approximately 4.172 square feet of public right- of-wayot to Pacific Highway. W PREPARED BY: William D'Andrea DEPT HEAD OK CITY ADMIN OK ty�"�'. L_ ISSUE BEFORE THE COUNCIL Should the City Council initiate vacation proceedings involving approximately 4,172 square feet of public right-of- way adjacent to SW Pacific Highway, south of SW Park Street and adjacent to Tigard Marketplace? STAFF RECOMMENDATION _ It is recommended that Council initiate vacation proceedings by adopting the attached resolution. INFORMATION SUMMARY In the City vacation process of streets, easements, and other public dedicated areas,the City Council may begin the process by passing a resolution to schedule a public hearing to consider such requests. Michael Magnus, representing Pacific Corp., is requesting that the City Council initiate vacation proceedings for approximately 4,172 square feet of public right-of-way adjacent to SW Pacific Highway, south of SW Park Street and adjacent to Tigard Marketplace. In 1986, a street vacation (Ordinance 86-19) was approved to vacate a portion of a frontage road along SW Pacific Highway, to facilitate a commercial development planned for the area. In 1987, a Site Development Review(SDR 87-15)was approved to allow the construction of a 153,180 square foot retail center, commonly known as Tigard Marketplace. Since the 1986 street vacation only vacated a portion of the frontage road right-of-way. a portion of the right-of-way remained. Within that right-of-way is a landscaped area that is adjacent to the access road leading into the Tigard Marketplace center. The landscape area supplements the landscaping of the center and is maintained by the center. The petitioner is requesting that the City of Tigard initiate vacation proceedings to vacate a portion of the remaining frontage road right-of-way. This portion of the right-of-way contains the landscape island. The landscape island contains approximately 8,617 square feet. Approximately 4.172 square feet is owned by the City of Tigard and approximately 4,445 square feet is owned by the Oregon Department of Transportation (ODOT). The petitioner has contacted ODOT to begin the ODOT vacation procedure. The City will be contacting and coordinating with ODOT through the City's request for comments process. There is a potential issue if ODOT does not vacate their portion of the right-of-way. The City will need to evaluate the vacation decision based upon the outcome of the ODOT vacation process. Appropriate agencies shall be contacted for comments,prior to developing a report for Council consideration. i 1.citvwide\sum\vacwnla.sum Attachments: Exhibit A- (site plan) Exhibit C -(SDR 87-15) Exhibit B- (Ordinance 86-19) Exhibit D - (vicinity map) OTHER ALTERNATIVES CONSIDERED Take no action at this time. FISCAL NOTES All fees have been paid by the applicant. is\citywide\sum\vactgmktsum CITY OF TIGARD, OREGON RESOLUTION NO. 97-_ A RESOLUTION INITIATING THE VACATION OF APPROXIMATELY 4,172 SQUARE FEET OF PUBLIC RIGHT-OF-WAY ADJACENT TO SW PACIFIC HIGHWAY, SOUTH OF SW PARK STREET A.Nh ADJACENT TO TIGARD MARKETPLACE. WHEREAS, the right-of-way had been dedicated to the public; and, WHEREAS, in 1986, a street vacation (Ordinance 86-19) was approved to vacate a portion of a frontage road along SW Pacific Highway, to facilitate a commercial development planned for the area; and, WHEREAS, in 1987, a Site Development Review (SDR 87-15) was approved to allow the construction of a 153,180 square foot retail center, commonly known as Tigard Marketplace; and, WHEREAS, since the 1986 street vacation only vacated a portion of the frontage road right-of-way, a portion of the right-of-way remained, and within that right-of-way is a landscaped area that is adjacent to the access road leading into the Tigard Marketplace center; and, WHEREAS,the petitioner is requesting that the City of Tigard initiate vacation proceedings to vacate a portion of the remaining frontage road right-of-way that contains the landscape island; and, WHEREAS,the approximately 4,172 square feet of public right-of-way may no longer be necessary; and, WHEREAS,the Tigard City Council finds it appropriate to initiate proceedings for the requested vacation. NOW,THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1: The Tigard City Council initiates a request for the vacation of approximately 4,172 square feet of public right-of-way adjacent to SW Pacific Highway, south of SW Park Street and adjacent to Tigard Marketplace, as more particularly described in Exhibit "B". Section 2: A public hearing is hereby called to be held by the City Council on Tuesday, August 12, 1997, at 7:30 p.m. at Tigard City Hall, 13125 SW Hall Boulevard, within the City of Tigard, at which time and place the Council will hear any objections thereto, and any interested person may appear and be heard for or against the proposed vacating of said public right-of-way. Section 3: The City Recorder is hereby authorized and directed to cause to have published in the Tigard Times, a newspaper of general circulation in the City of Tigard, a notice of said hearing, the first publication to be on July 24, 1997 and the final publication to be on July 31, 1997. The Recorder is further directed to cause to have posted within five (5) days after the date of first publication, a copy of said notice at, or near, each end of the area proposed to be vacated. RESOLUTION NO.97-_ Page 1 of 2 i:"citywide\m\vactgnkt.int 08/08/96 12:04 PM Section 4: The particula. .ablic right-of-way to be vacated is she on the attached Exhibit "A" and by reference, made a part hereof. PASSED: This day of , 1997. Mayor- City of Tigard ATTEST: City Recorder- City of Tigard RESOLUTION NO.97-- Page 2 of 2 iAcitywidel=Waagniktint 08/08/96 12:04 PM VIT A 'n� = 00'15'51' ,, „ R = 5473.80' / EXHIBIT J L = 25.24' p = 3'2337" 2/X A R = 24.20' L = 1.43' POB ,� ,�`L lot Al 4 Ro log i h SCALE: 1"=30' Ssfo 1• � G /�, , I� i i POB 0 = 33'08'03" / R = 14.02' ' EXHIBIT d PAGOF�— REG.',ERSO i PACH •�C P�o�s��o��� f ..AND 3URV=Y03 8-405 S W. Nimbus Avenue Beaverton,OR a'UUR-%1:0 EXHIBIT "A" OREG N JULY 30. 1978 ORAN D.ABBOTT 99W, TIGARD - CITY OF TIGARD PARCEL RENEWAL MAY 22, 1997 FILE: 4-1422-0501 A parcel of land lying in the George Richardson D.L.C. No. 38, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, and being a portion of Taylors Bridge Road (County Road No. 477) lying southeasterly of a line 48 feet southeasterly and parallel from the following described center line of the relocated Pacific Highway West : Beginning at Engineer' s center line Station 116+98 . 50, said station being North 00°13 ' 41" West 2, 340. 83 feet and North 89°46 ' 19" East 1, 055. 97 feet from the southwest corner of Section 2, Township 2 South, Range 1 West, Willamette Meridian; thence 251. 30 feet along the arc of a 2, 865 foot radius curve to the left through a central angle of 5°01 ' 32" (the long chord bears South 38°22 ' 35" West 251 .22 feet) to a point of compound curvature at Engineer' s Station 119+49. 8; thence 206. 40 feet along the arc of a 5, 521 . 80 foot radius curve to the left through a central angle of 2°08 ' 30" (the long chord bears South 34°47 ' 34" West 206. 39 feet) to a point of tangency at Engineer' s Station 121+56. 20; thence South 33°43 ' 19" West 1, 243. 80 feet to Engineer' s Station 134+00 . Commencing at a point which is 48 feet southeasterly and opposite center line Station 121+56. 20 P.T. ; thence South 33°43 ' 19" West, parallel to said center line, 202 . 79 feet to the most northerly corner of that tract of land conveyed to Tigard East Associates, recorded in Fee No. 87-31809, Washington County Deed Records; thence South 51°02 ' 00" East, along the northeasterly line of said Tigard East Associates tract 19. 91 feet to a point on the ncrt'-:e-as=erly right-of -Way line ozsaid Taylors Bridge Road and the TRUE POINT OF BEGINNING; thence, along said right-of-way line, North 39°04 ' 00" East 101 . 61 feet; thence North 21°30 ' 51" East 132 . 41 feet to a point of cusp; thence 52 . 44 feet along the arc of a 24 . 20 foot radius cruve to the right through a central angle of 124°08 ' 28" (the long chord bears South 22°58 ' 36" East 42 . 77 feet) ; thence South 33°25128" West 202 . 22 feet to a point of curvature; thence 8 . 11 feet along the arc of a 14 . 02 foot radius curve to the right through a central angle of 33°08 ' 03" (the long chord bears South 45°52 ' 52" West 8 . 00 feet) ; thence North 51°02100" West 16. 64 fe-t to the POINT OF BEGINNING. Contains 4, 172 square feet more or less . F:le:::\project\14220501\wpdata\cot38.leg /� UNiBIT A � PAGE I OF (503)626-0455 Fax(503)526-0775 Planning-Engineering-Surveying-Landscape Architecture-Environmental Services EMBIT B CITY OF TIGARD, OREGON C ORDINANCE NO. J6-1` AN ORDINANCE VACATING A PORTION OF THE 99W FRONTAGE ROAD IN THE vICINITY OF PARK STREET WITHIN THE CITY OF TIf,ARD, WAS11INGTON COUNTY, OREGON, AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code; and WHEREAS, the reason and purpose for this vacation is to return a portion of the frontage road along 99W in the vicinity of Park Street to the adjacent property owners to facilitate a commercial development planned for the area; and WHEREAS, the vacation is recommended by the Planning Commission and the City Engineer; and WHEREAS, in accordance with ORS 271.100, and TMC Section 15.08.110, the Council fixed a time and place for the public hearing ar.d the Recorder published notice and posted notice in the area to be vacated; and WHEREAS, notice has been mailed --o all property owners abutting said vacation area and all owners in the affected area, as described in ORS 271.080; and WHEREAS, the Council, having held a hearing on April 14, 1986, finds the public interest will not be prejudiced by the vacation as provided by ORS 271.120 and TMC Section 15.08.130; and WHEREAS, the Council finds that it is in the public interest to •ipprove the request to vacate a portion of the 99W frontage road in the vicinity of Park Street because the public interest will not be prejudiced; and WHEREAS, the Council finds that the following condition is necessary to vacate said land: The vacation shall not be effective until the effective date of this ordinance and it shall not be effective until a certilPied copy of this ordinance has been recorded with the Wash_ngtoi County Clerk, Assessor, and Surveyor. THE CITY OF TIGARD ORDAINS AS FOLLCWS: Section 1: The Tigard City Council hereby c,rders the vacation of that portion of the frontage road along 99W in the vicinity of Park Street as described on the attached Exhibit "A" and shown on the attached Exhibit "3", and by this reference made parts hereof. Section 2: Tho Tigard City Council further orders that the vacation be subject to the following condition: ORDINANCE NO. 86--a C Page 1 lw/3750A va �i The vacation shall not be effective until the effective date of this ordinance and it shall not be elffective until a certified copy of 19F this ordinance has been recorded with the Washington County Clerk, - Assessor, and Surveyor. Section 3: In no situation shall this ordinance be effective until the 31st the Mayor. day after its enactment by the City Council and approval by PASSED: 8y �A n�5L N vote of all Council members present after being read by number and title only, this q Th day of1986. �J Sj --� � d'ZcL -- Loreen R. Wilson, Deputy Recorder APPROVED: Thi /-/7A day of , 1 1986. �� ohn '£. Cook, Mayor 4 E :moo r k 9 oaolKA� NO. 86—� Page 2 Iw/3750A EXHIBIT "A" Mercury Development Street Vacation (Taylors Bridge Rd. - C.R. 477) Project No. 273-01-85 February 25, 1986 LEGAL DESCRIPTION A tract of land situate in the S.W. 1/4, Section 2, T.2S. , R.1W. , W.M. , City of Tigard, Washington County, Oregon, being more particularly described as follows: Beginning at 5/8" I.R. on the southeasterly right-of-way line of Pacific Highway (Hwy 99) at Engineer 's Station 133+90.79, said point being 40.0 feet, when measured at right angles, from the centerline of said Pacific Highway, and being South 39 42'32" West, 70.74 feet from the northwest corner of that tract of land described in Book 831, Page 415, Washington County deed records; thence, along the southeasterly right-of-way line of said Pacific Highway, North 34023138" East, 70.66 feet to a point on the northwesterly projection of the southwesterly line of that tract of land as conveyed to Southwest Church of Christ, recorded in Book 1013, Page 402, Washington County deed records, and the true point of beginning; ` thence, continuing along said southeasterly right-of--way, North s 34023138' East, 577.08 feet to a point of intersection with the northwesterly right-of-way line of Taylor:; Bridge Rd. (C.R. 477) , being 60 feet in width; f thence, along the northwesterly right-of-way line of said Taylors s Bridge Rd. (C.R. 477) , North 39042132' East, 303.44 feet to a point on the northwesterly projection of the southwester'y line of that tract of land as conveyed to Roland and Mary Ingalls, recorded in Book 270, Page 455, Washington County deed records; thence, along said northwesterly projection of the southwF•__::rly line of said Ingalls tract, South 50°28148" East, 60.00 fee,. tri a Foint on the southeasterly right-of-way line of said T -'.ors Bridge Rd. (C.R. 477) ; thence, along said southeasterly right-of-way line of Taylors Bridge Rd. , South 39042132' West, 877.85 feet to a point on the southwesterly line of said Southwest Church of Christ tract; thence, along the northwesterly projection of the southwesterly line of said Southwest Church of Christ tract, North 53038152' West, 6.56 feet to the true point of beginning. Contains 37,329 square feet. p ORDINANCE No. 86- f STREET YAsC,AT I ONI� s CCUAjTY �4 SPTUI�'S�� Irl j-,.j& sw A.See-,Z L31 RI uI.W.M• GITK oP n ,A^oIWASH•Cauns'T`fI cRt�N Io FeORuI�R`{ L�� M>sfi 4d 4d a •,t vJILM'vRs t7a" IiltSv21 rT• ��• I I 3 - I �o.ov ` 1 �.A t.>s• 1�.lad y tee. loo y f a. pig e&.0- 4F REtortp i*;Rva.Y ++ Whit 7. - - ntp I \ J • N O � =SU'R'tytyo:t .q.— � oesaols ,� G.SL LION�lO�CNiisaY �,rsy�•yl.w �ssi - - -Ver,R 41LAI FL-,tnie, - . pRtivlco 133+qo�10i . I - 9'S1�#•16 - WESTLAKE CONSULTANTS,!NC. , 1 FEa 2 5 1 I t th+'*P'""""' 7145 S.W.vs�»=52 2�°"97 7 asM 'flilllllil'I1111TIIi(1111111111IIIfill �lll'Itilln't I1111�I�111ry111111111i1,111111111�n�1�1�1�1�1�1�(�,�1„�lil�,i�.,i.,�,�1 3 a 5 6 7 8 ?. II —' •�� - CZ 51 41 GI ,1 CI b: -CI. 21 1I C1 6 • - I 1 _ CITY OF TIGARD =MITNOTICE OF DECISION SDR 87-15 PORTLAND FIXTURE APPLICATION: A request by Portland Fixture Limited Partnership for approval of a 1.53, 180 square foot retail center and related facilities on property zoned C-G (Commercial General) and located on the southeast side of Pacific Highway 700 feet south of SW Garrett Street (WCTM 2S1 2CC tax lot 100, 200, 500, 800, 801, 900 and 901) . DECISION: Notice is hereby given that the Planning Director for the City of Tigard has APPROVED the above application subject to certain conditions . The findings and conclusions on which the Director based his decision are as noted below. A. FINDING OF FACT 1 . Background In 1982 the Tigard City Council approved a revision (Resolution #82-132) to the NPO #1 Comprehensive Plan and a Zone Change for these properties from Commercial Professional/General Commercial to General Commercial (CPR 4-82/ZC 18-82) . This change was approved subject to several conditions. Three Sensitive Lands permits have been granted by the Hearings Officer from this property. M 3-82 and SL 6-85 approvals were valid for one year but each expired before land alteration was done. The decision for the third approval, SL 87-08, was granted recently and will expire June 23, 1988 if not acted upon. A Site Development Review (SDR 8-86) was submitted in March, 1986 for approval of a 157,000 square foot retail center and related facilities. Approval with conditions was granted in April, 1986 but expired after one year. 2. Vicinity Information The property is adjacent to Pacific Highway along the northwestern frontage and properties zoned C-G lie on the opposite side of the street. Other parcels zoned C-G are situated immediately to the northeast and southwest along Pacific Highway. The area to the east and south is committed to single family and multiple family residences. The homes to the east and southeast are zoned R-4.5 (Single Family Residential, 4.5 units per acre) and R-3.5 (Single Family Residential, 3.5 units per acre) respectively and the apartments along the remainder of the southern boundary are non-conforming units which are zoned C-G. 3 . Site Information and Proposal Description The subject properties are presently undeveloped except for one 4,644 square foot retail building. A drainageway slopes downhill toward the southern end of the parcel . The applicants are proposing to develop the properties with a 153, 180 square foot shopping center called Tigard East. It is intended that the center will contain a grocery store, drug store, restaurant and assorted shops . NOTICE OF DECISION - SDR 87-15 - PORTLAND FIXTURE - PAGE 1 The site plans submitted for this project are similar to SDR 8-86 regarding building placement and site design. There has been a reduction in the total building floor area and adjustments have been made in placing fewer loading and trash pick-up areas in the rear of the property near residential areas . 4. Agency and NPO Comments The State Highway Division has reviewed this proposal and state that they are familiar with this development since they have reviewed it several times. The present proposal appears fine to them. The Tualatin Rural Fire Protection District has considered the proposal and has responded that any new traffic signal to be installed must be equipped with opticom controls. They are somewhat concerned that this size of development could cause the 3000 gpm fire flow requirement to be exceeded. It is required that an automatic sprinkler protection system be incorporated into all buildings in this development. NPO #1 considered the proposal and has offered the following recommendations: 1 . Fencing should be solid wood (with no gaps) or made of concrete or brick and 8 feet high. 2. There should be adequate sound deflection of heat/air conditioning systems. 3 . Truck traffic in rear of buildings should be limited in their time of operation. The Engineering Division has provided the following findings: 1. Notice of Final Order SL 87-08 became final on July 6, 1987. 2. Site Development Review SDR 08-86 expired on April 21, 1987. 3. The proposed development fronts State of Oregon right—of—way, namely — SW Pacific Highwax; a frontage road exists therealong. 4. An existing City 8" sanitary sewerage main—line facility and storm drainageway traverses applicant' s site, both draining generally northeasterly. 5. The applicant proposes to develop a retail shopping center with two primary (signalized) access points and one right in — right out minor access point. The applicant further proposes to realign the existing public sanitary sewerage line and install a closed conduit storm sewer line, traversing the site, to enhance public operation and maintenance thereof while facilitating site structure layout. 6. Further, the applicant has acknowledged awareness of the need for (and is already participating in) action to vacate a portion of public roadway running "through" the property, to improve the portion of roadway running from the property to SW Park Street intersection NOTICE OF DECISION — SDR 87-15 — PORTLAND FIXTURE — PAGE 2 (providing ac s to adjacent tracts), to ,uire fronting surplus property from the State, to landscape the frontage, to modify an existing traffic signal and add a new traffic signal, in an endeavor to dedelop the site. The Building Division, Portland General Electric and the Tigard Water District all reviewed this proposal and have no objections to it. No other comments were received concerning this proposal. . B. ANALYSIS AND CONCLUSION The proposed project is consistent with Community Development Code provisions pertaining to vehicular access, building setbacks, lot coverage, visual clearance and parking. The following topics warrant further discussion regarding conformance with Code requirements. 1 . Landscaping and Buffering The minimum landscaping requirement for developed properties in the C-G zone is 15%. According to the- Site Plan and Planting Plan provided by the applicants, this minimum requirement will be met. These plans indicate that a 15 foot wide buffer strip will be provided along all properties that are residentially zoned. As noted in the staff report SDR 8-86 concern remains whether the proposed fence will adequately deal with the potential for adverse noise impacts. The Site Plan indicates three loading and/or trash collection areas which are to be located behind the proposed buildings and along the rear property lines. Although this number has been reduced from six such locations proposed in SDR 8-86, the potential for adverse noise impacts have not necessarily been reduced. NPO #1 suggested in SDR 8-86 that the fence should include wooden slats and that no loading or trash pick-up should occur prior to 7 AM. As proposed, the screening, buffering and fencing will have minimal effect relating to sound deflection or absorption. To better serve the intent of the Code to minimize commercial impacts spilling into residential areas and consistent with a condition of approval stated in SDR 8-86, it is recommended that a 8 foot high fence or masonry wall be situated along all residentially zoned parcels. In addition, a loading and delivery curfew between the hours of 10 PM and 6 AM should be observed. 2. Noise A second noise issue unrelated to the mitigation of loading and trash collection impacts concerns the heating, ventilation, air and cooling (HVAC) units to be used in heating and cooling the buildings. The Site Plan has identified the proposed siting of various structures on the property but details are lacking with regard to HVAC unit placements on the buildings. Since HVAC units are sources of potentially constant and incessant noise, sound mitigation controls (such as enclosures) should be located around these units to diminish impacts on nearby residents . NOTICE OF DECISION - SDR 87-15 - PORTLAND FIXTURE - PAGE 3 3 . - Tree s SDR 8-86 had proposed 592 parking spaces while the current proposal provides 589. Based upon the number of parking spaces in a development, one tree for every seven spaces must be planted in or near the parking area. Because the original landscaping plan showed approximately 60 trees when 85 trees were required, once again staff would like to review this aspect of the plan since the present landscaping plan is almost identical to the original . 4. Signage No plans for signage were submitted with this application although SDR 8-86 addressed allowable signage previously. The shopping center complex is entitled to one multi-faced, free-standing sign. Contact with the applicant revealed the desire to be considered for an increase in sign area of 50% as permitted in the Community Development Code when such a request is made during the Site Development Review process. This amount of increase allows sufficient sign area to advertise the various tenants in a new development. An increase in height of 25% may also be gained when the sign' s visual appeal and overall design quality would be served. . ." It is expected that the shopping center will have at least six tenants and perhaps as many as ten or twelve. Therefore, staff supports justification for an increase in sign size. Since no sign designs and plans were submitted and since the applicant provides no reasons for an increase in sign height, staff finds no justification for permitting an increase in height. C. DECISION The Planning Director approves SDR 87-15 subject to the following conditions: 1 . UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE MET PRIOR TO ISSUANCE OF BUILDING PERMITS. 2. The design and configuration of improvements impacting SW Pacific Highway including accessways and signalization, shall be reviewed and approved by the City of Tigard and Oregon Department of Transportation. A Road Approach Permit from O.D.O.T. and a City-O.D.O.T.-Applicant signalization agreement is required prior to commencement of street improvement work. 3 . Street improvements including lighting, sidewalk, curb, driveway approach, road base and surfacing, traffic and pedestrian controls including signalization, signing and pavement marking, closed conduit storm drainage and sanitary sewerage facilities and, also, general utilities, shall be installed by the applicant in conformance with City and State requirements and standards and specifications. 4. All documents relevant to the improvement (dedication, easement, etc. , ) shall be on City and State forms; and shall be reviewed and approved thereby prior to recording. A complete copy of the State Road Approach Permit shall be provided to the City. NOTICE OF DECISION - SDR 87-15 - PORTLAND FIXTURE - PAGE 4 5.- Joint use and main ance agreements for common dr .lays shall be provided by the applicant tv the City for approval and shall be referenced on and become part of all applicable parcel Deeds . 6. The final conditions of SL 87-08 shall be considered a part hereof as though inscribed herein in full. 7. The- center shall be entitled to one free-standing sign that does not exceed the allowable sign area by over 50 percent. 8. No deliveries or trash pick-up shall occur at the rear of the project " between the hours of 10 PM and 6 AM. 9. A. solid wood fence or masonry wall which is 8 feet in height shall be installed along the property line where the subject property abuts the R-3 .5 and R-4.5 zoning districts. Said fence shall be constructed prior to the issuance of building permits. 10. The location and method for noise reduction for the HVAC systems shall be approved by the Planning Director. 11. The landscaping plan shall be revised to meet Code requirements- for trees within parking areas. 12. This approval is valid if exercised within one year of the final decision date noted below. D. PROCEDURE 1 . Notice: Notice was published in the newspaper, posted at City Hall and mailed to: XX The applicant 6 owners XX Owners of record within the required distance XX The affected Neighborhood Planning Organization XX Affected governmental agencies 2. Final Decision: THE DECISION SHALL BE FINAL ON / 5-f UNLESS AN APPEAL IS FILED. U 3. Appeal: Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.370 of the Community Development Code which provides that a written appeal must be filed with the CITY RECORDER within 10 days after notice is given and sent. The deadline for filing of an appeal is 3:30 P.M. (� L _3/. MT 7. 4. Questions: If you have any questions, please call the City of Tigard Planning Department, Tigard City Hall, 13125 SW Hall Blvd. , PO Box 23397, Tigard, Oregon 97223, 639-4171. ./4 l 7 z�- g PREPARE om Dixon, A is nt 4Pner DATE William A. Monahan, Director of Community Development DATE APPROVED (TD:cn/0107D) NOTICE OF DECISION -- SDR 87-15 - PORTLAND FIXTURE - PAGE 5 uaw ti+r/. 0► v p y Paoli ar 'I *' aaw•• u at . s , -4110, COW 611, J I I r aai Parw.t r� • .��. • .+.: 1 • .. LLI n►_wa• :r. • ► i ,./0.11 I 2 0 V i vlswlouMt•��. u : • • .1.o..a r macim tt ww11aa1� NFitIr— / �� .i lira• . IL_— i i I 1 I JUN MG14 to SCH •• Z OR�� 1 I "rYarM C ' 10 '� ks I i of OIL N _ p {(n r4 a- \ opo O o O NY1 N - d c in C 5OI— � � Arm �Or4ixn �n I { - r c L ! o � . I � LU , V1< oo � r i f ' - I - + r I i 9N I UrC r TL EXIV. •G THREE— PHASE TRA' G SIGNAL, ( I cc A W It a o QP t NO SCALE 21- 1 13 j-0- w I IV ° w } a ( I LL A.Cc ° 7 :2 I IIS d �p0 7r Q Q .• . > I !d t ti I 4C I I I ( � � a W o I ! (- - < 'A d o WATKINS AVE. I I Q EXISTING CONDITIONS I I TIGARD EAST TIGARD, OREGON PARS, STREET EXISTING / / qIV,O�Q TRAFFIC SIGNAL / S / , a A. PROPOSED TRAFFIC SIGNAL � t maQ 4k � I ft . .qC CF Piv SITE PLAN ' TIGARD EAST NO SCALE -- -13- LL ......... 4 air IF i1t. —7 v Legend Subject Property Marked in vellow v"m Lm AWL Area to be Vacated Marked in A Ui Red 217 Z; oil L--J 6.2 ` ,� �. 1�,`` 1/ N mn 6 DEf -a% Thow R A cAfft" IsT LK A Tr Powe sT PL O LF Corw inn t; low 41- ca"mwu%vw wr. TIG t - c.. oruioer v� , I MDR 22 DvL�Cr. Tr MCI_ aftvmM OR r 1z'f F �� , Cr oowrura LDooD wieg 5SID bo - m WON)= ODA UAft— LLUA C, r7,t on !1 ' V Ci --W. 5, F71 fill- KAMAST U LJ L.-3t-L- I EMIBIT D a9 C suff� C LIBIT E OF -ta- 3C..o �+ C�- STR /AG_TIOM g CSN 7'y FzAD �04--77 5 tTu�.-t�v 1 ra 'T�� �lrl '�► SE.c.2�'i'L'S,R►Nl,W M• I GI•T`( cP TI Amo I W^-544. -e&uN'T%f oR oN c F>=17RVAR`{ Z�3� 11�i to _ m IZItS�i•ZI rr• Q�. 1 no/4�s cc.00 eol , 3 WN SRI W*tP R>EGap�P �p1vsY ;r IGS] �NJ . c0 i \ d N TC, soo W � .l ►ROfESS10NAL LAND SUStYEYo2 a 3 t N I ORl4ON V to i !.•51i ttjpMAtipCNILSkT _ - - - -Ye lR -1/4I"' PLS t re` - ~.. PRIM t ca 33 t WESTLAKE CONSU�.TANTS, INC. 7145 S.W.vx �e°^9r.3 _ t:j;ttl Il(Ilij: :j �ilireli�:jl�:,' ltl�tltltlt'tlrltjt1(I(I`,lltltltlirtlllll}Iltli`IttItI11111�tI111I1'1'1'tllllltllll�lllltll'111'r(I'rltlttt:r(rlr(r(1t ('(`1`( I I 4 I5 g 1 7 8 3 3 CZ 6t ci - LI-- ail ci bt c1 . .`1 t� c h• e•.S. '•-`.yam ; a•�. ^.Sara•_. .....-._' .. .4S_ :� .. .......<i •� • .7 - llrVN \ I . 1 y V m I- T T2A�H - - :AAOI NG r I I • , I I 1 I - _ -rfls a D cr cls DO Cp } � r � rn "� N� � @p tp i D i 131 U � ULA � T 000000 �[d 0 C) o p opo C LP A4�oo- � RO E7R. KLA e[�►VMT .ORE L REQUEST FOR COMMENTS CITY OF TIGARD RECEIVED PLANNING Community Development ShapingA Better Community J U L 21 1997 DATE: luly;K1991 TO: Michael Miller,Operations Manager fJFTK3ARD FROM: City of Tigard Planning Division STAFF CONTACT: William D'Andrea Ix3171 Phone:[5031639-4171 Fax:(503)6847297 BE: ➢ TIGARD MARKETPLACE PUBLIC RIGHT-OF-WAY EASEMENT VACATION Q A request to vacate approximately 4,172 square feet of public right-of-way of a remaining portion of the frontage road along Highway 99W (County Road #477) adjacent to the access road leading into the Tigard Marketplace center. LOCATION: Adjacent to SW Pacific Highway, South of SW Park Street, and adjacent to the Tigard Marketplace. ZONE: N/A Attached is the Site Plan,Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Monday-lnly 21,1991 You may use the space provided below or attach a separate letter to return your comments. If YOU are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: /T h'F101jM T1,4-r- /d- 1Z-/nJG1y 1.1.47CtZ- /5 1,J1Tk1AJ A- Pdario0 DE 7210 �b (J2rTi�ZT IT- A-tvo 14AyE T71 Kic- T' or- �J �S-7AtJ0,4fcA 15=1 " "T/"T' EAS�ryl C tUT (Aease provide the fo&yaing information)Name of Per3001 Commenting: Phone Number[s]: TIGARD MARKETPLACE PUBLIC RIGHT-OF-WAY EASEMENT VACATION PROPOSAUREQUEST FOR COMMENTS REQUEST FOR COMMENTS CITY OF TIGARD Community Development ShapingA Better Community RECEIVED PLANNING DATE: JulyX1997 11141 TO: John Roy,Properpi Manager L 21 1997 FROM: City of Tigard Planning Divis �� CONTACT: William D'Andrea(am Phone:[5031639-4111 Fax:[50316841297 BE: ➢ TIGARD MARKETPLACE PUBLIC RIGHT-OF-WAY EASEMENT VACATION Q A request to vacate approximately 4,172 square feet of public right-of-way of a remaining portion of the frontage road along Highway 99W (County Road #477) adjacent to the access road leading into the Tigard Marketplace center. LOCATION: Adjacent to SW Pacific Highway, South of SW Park Street, and adjacent to the Tigard Marketplace. ZONE: N/A Attached is the site Plan,Vicinity Map and Applicants statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Monday-JOIV21,1991. You may use the space provided below or attach a separate letter to return your comments. If You are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: (Aease provide the font ing information)Name of Person(s)Commenting: Phone Numberfsl: TIGARD MARKETPLACE PUBLIC RIGHT-OF-WAY EASEMENT VACATION / PROPOSAL/REQUEST FOR COMMENTS REQUEST FOR COMMENTS CITY Of TIGARD RECEIVED PLANNING Community Development ShapingA Better Community DATE JVIV, 1991 JUL 16 1997 TO: TUALATIN VALLEY FIRE a RESCUE-ATTN: FIRE MARSHALL GfiY()Flom FROM: CRY of Tigard Planning Oftlen STAFF CONTACT: Wllllam rAndres[x M PO8er.15031630401 Fit t50316W7M RE TIGARD MARKETPLACE PUBLIC RIGHT-OF-WAY EASEMENT VACATION A request to vacate approximately 4,172 square feet of public right-of-way of a remaining portion of the frontage road along Highway 99W (County Road #477) adjacent to the access road leading into the Tigard Marketplace center. LOCATION. Adjacent to SW Pacific Highway, South of SW Park Street, and adjacent to the Tigard Marketplace. ZONE: N/A Attached is the Site Plan.VICblity Map and APPOCaM Striement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Monday-July n1997. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date. please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to ft.. _ Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: e-7-7) i `//L!" _— SIS l� �`�-J -^ S � I ", Pqcit rJ t (L)C, 5!>e-2- — 7)—('f C— (tee pmvide the foffou*inforwtion)Name of PerneW Cemmeatlng: _ -- Phone Number(s): TIGARD MARKETPLACE PUBLIC RIGHT-OF-WAY EASEMENT VACATION / PROPOSAUREOUEST FOR COMMENTS REQUEST FOR COMMENTS CITY OF TIGARD Community(Development RECEIVED PLANNING ! ShapingA Better Community DATE: July ,1991 J a L 0 7 1997 T0: Brian Bauer,Development Review Engineer 01MF TMW FROM: City of Tigard Planning Division STAFF CONTACT: William D'Andrea[x311) Phone:[5031639-111 Fax:[5031 BE: ➢ TIGARD MARKETPLACE PUBLIC RIGHT-OF-WAY EASEMENT VACATION Q A request to vacate approximately 4,172 square feet of public right-of-way of a remaining portion of the frontage road along Highway 99W (County Road #477) adjacent to the access road leading into the Tigard Marketplace center. LOCATION: Adjacent to SW Pacific Highway, South of SW Park Street, and adjacent to the Tigard Marketplace. ZONE: N/A Attached is the Site Plan,Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Monday-1pIV21,1991. You may use the space provided below or attach a separate letter to return your comments. If yeu are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: (Please provide the fAnt in9 information)Name of Person(s)Commenting: Phone Numbedd x TIGARD MARKETPLACE PUBLIC RIGHT-OF-WAY EASEMENT VACATION PROPOSAUREQUEST FOR COMMENTS �o b a: -y S.W.PARK STREET pp IN6 T11sEE-pUSE NORTH TppFflC S16NILL / ACCESS eaEeTO VA ATE Z _O a. } C, � %41 b LL W w O W W I T f 4,s o `' ee i 41411 I � SITE PLAN I casE NCP. TIGARD MARKETPLACE EXHIBIT MAP PUBLIC RIGHT-OF-WAY EASEMENT VACATION R C WA7�N Cu C. CT _ PARK ST Cu SUBJECT AN TO BE VA T >>> 0. L Q 0 �T \ Vicinity Map - " TIGARD MKTPLACE PUBLIC Note: Map is not to scale A R.O.W. EASEMENT VACATION REQUEST FOR COMMENTS CITY OF TIGARD RECEIVED PLANNING Community Deve(opment ShapingA Better Community J U L 10 1997 DATE: luly ,1991 CITY OF TIGARD TO: Craig Eyestone,Columbia Cable Company FROM: City of Tigard Planning Division STAFF CONTACT: William D'Andrea[x3111 Phone:[50316394M Fax:[50316841291 BE: ➢ TIGARD MARKETPLACE PUBLIC RIGHT-OF-WAY EASEMENT VACATION Q A request to vacate approximately 4,172 square feet of public right-of-way of a remaining portion of the frontage road along Highway 99W (County Road #477) adjacent to the access road leading into the Tigard Marketplace center. LOCATION: Adjacent to SW Pacific Highway, South of SW Park Street, and adjacent to the Tigard Marketplace. ZONE: N/A Attached is the Site Plan,Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Monday-July 21,1991 You may use the space provided below or attach a separate letter to return your comments. If You are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: (please provide thefoflowing information)Name of Person[s]Commenting: Phone Number[s]: TIGARD MARKETPLACE PUBLIC RIGHT-OF-WAY EASEMENT VACATION PROPOSAUREQUEST FOR COMMENTS REQUEST FOR COMMENTS CITY OF TIGARD Community Development RECEIVED PLANNING SFiapingA Better Community DATE: July;1991 J U L 0 9 1997 TO: Brian Moore,PGE MYOF'fIt W FROM: Citi of Tigard Planning DIVISION STAFF CONTACT: William D'Andrea 0(3111 Phone:[50316394111 Fax:[50316841291 RE: ➢ TIGARD MARKETPLACE PUBLIC RIGHT-OF-WAY EASEMENT VACATION Q A request to vacate approximately 4,172 square feet of public right-of-way of a remaining portion of the frontage road along Highway 99W (County Road #477) adjacent to the access road leading into the Tigard Marketplace center. LOCATION: Adjacent to SW Pacific Highway, South of SW Park Street, and adjacent to the Tigard Marketplace. ZONE: N/A Attached is the Site Plan,Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: MendaY-July 21,1991. You may use the space provided below or attach a separate letter to return your comments. H You are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. A Written comments provided below: ::F 2 N-114 SPC+c.l`[t~ T Please provide the following information)Name of Persons)Commenting: Phone Number[s): mit) I--2>':—>1 TIGARD MARKETPLACE PUBLIC RIGHT-OF-WAY EASEMENT VACATION PROPOSALIREQUEST FOR COMMENTS REQUEST FOR COMMENTS CITY OF TIGARD Community Development ShapingA Better Community DATE: luld,1991 JUL 0 7 1997 RECE,11/ED PANNING TO: Julia Huffman,USA/SWM Program JUL 21 1997 FROM: City of Tigard Planning DIVlsion STAFF CONTACT: Y 1 Nftdrea[x3111 Phone:15031639-4111 Fax:[50316847291 BE: ➢ TIGARD MARKETPLACE PUBLIC RIGHT-OF-WAY EASEMENT VACATION Q A request to vacate approximately 4,172 square feet of public right-of-way of a remaining portion of the frontage road along Highway 99W (County Road #477) adjacent to the access road leading into the Tigard Marketplace center. LOCATION: Adjacent to SW Pacific Highway, South of SW Park Street, and adjacent to the Tigard Marketplace. ZONE: N/A Attached is the Site Plan,Vicinity Map and Applicants statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Monday-July 21,1991 You may use the space provided below or attach a separate letter to return your comments. if You are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: v ��(zase provide the foclowing information)Name of PerSon[Sl Commenting: _ g- Phone Number[Sh Z54-1- - <an zIai TIGARD MARKETPLACE PUBLIC RIGHT-OF-WAY EASEMENT VACATION PROPOSAUREQUEST FOR COMMENTS I/ REQUEST FOR COMMENTS CITY OF TIGARD ! Community(Development ShapingA Better Community DATE: JulyIf,1997 TO: Scott Palmer,NW Naturai Gas Company FROM: City of Tigard Planning Division STAFF CONTACT: William D'Andrea[x3111 Phone:15031639-4171 Fax:[50316847291 RE: ➢ TIGARD MARKETPLACE PUBLIC RIGHT-OF-WAY EASEMENT VACATION A request to vacate approximately 4,172 square feet of public right-of-way of a remaining portion of the frontage road along Highway 99W (County Road #477) adjacent to the access road leading into the Tigard Marketplace center. LOCATION: Adjacent to SW Pacific Highway, South of SW Park Street, and adjacent to the Tigard Marketplace. ZONE: N/A Attached is the Site Plan,Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Monday-July 21,1991* You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the abode date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. Please refer to the enclosed letter. lA/ri++an comm-Arts pro vided below: (IIplease provide the following information)Name of Person[sl Commenting: J U 4 L wltl►.50% Phone Numberfsl: zzir, - '9 i 11 'x' 4 33$ TIGARD MARKETPLACE PUBLIC RIGHT-OF-WAY EASEMENT VACATION PROPOSAL/REQUEST FOR COMMENTS NORTHWEST NATURAL GAS COMPANY 220 N.W.SECOND AVENUE PORTLAND,OREGON 97209-3991 (503)226-4211 July 14, 1997 William D'Andrea City of Tigard Tigard Planning Division 13125 SW Hall Boulevard Tigard, Oregon 97223 RE: Request to vacate approximately 4,172 square feet of public right-of-way along Highway 99W. Please be advised that Northwest Natural Gas Company does have facilities within the proposed vacation area. We ask that wording be included in the final vacation providing us an easement protecting our facilities for right of access, repair, and/or replacement, and requiring that no structure be built or erected within a distance of ten feet from the centerline of said facilities. Please notify us when the vacation is complete so that we can update our records accordingly. Sincerely, Judith Wisniewski Engineering Department Ext. 4338 enclosures cc: Vacation File Plat: 1-44-19 ID Number: 970225 CITY OF TIGARD Community(Development Sha ABetterCommunity PROPOSAL DESCRIPTION FILE TITLE: TIGARD MARKETPLACE PUBLIC RIGHT-OF-WAY EASEMENT VACATION APPLICANT: Michael G. Magnus OWNER: Pacific Corp. Anderson & Magnus, P.C. c/o Tigard Marketplace Park Plaza West, Suite 460 13500 SW Pacific Highway 10700 SW Beaverton-Hillsdale Hwy. Tigard, OR 97223 Beaverton, OR 97005 (503),04&900 REQUEST: A request to vacate approximately 4,172 square feet of public right-of-way of a remaining portion of the frontage road along Highway 99W (County Road #477) adjacent to the access road leading into the Tigard Marketplace center LOCATION: Adjacent to SW Pacific Highway, South of SW Park Street, and adjacent to the Tigard Marketplace. ZONE: N/A CIT: South CIT FACILITATOR: List Available Upon Request DECISION MAKING BODY DATE COMMENTS DUE: Monday - luly 21,1991 STAFF DECISION DATE OF DECISION: PLANNING COMMISSION DATE OF HEARING: TIME: 7:30 HEARINGS OFFICER DATE OF HEARING: TIME: 1:00 X CITY COUNCIL DATE OF HEARING: 8/12/91 TIME: 1:30 PROJECT RELATED COMPONENTS AVAILABLE FOR VIEWING IN THE PLANNING DIVISION XVICINITY MAP LANDSCAPING PLAN NARRATIVE X v ARCHITECTURAL PLAN SITE PLAN X_ OTHER STAFF CONTACT: William D'Andrea Associate Planner(503) 639-4171 x315 h:1 '/cLsj T_mg+viq�c.-msr PROPOSAL/REQUEST FOR COMMENTS TIGARD MARKETPLACE PUBLIC RIGHT-OF-WAY EASEMENT VACATION STREET AND EAsEHENT VACATION ScH`E'NtBLT Fib•Or AW A -010 PROJECT: SCHEDULE OF ACTIVITIES ' Council packet due to Dick iq dY5 �G 4' Council packet due to_fAr 3 cls ' Initiation - Council consent agenda (Res # _ ) `1 1 Request for comments (Staff & Utilities) 1 1'i V J II Notification to affected property owners / Ad to news ape Li _ _ 1st publication a (D�SEC u1eCK �� G2- -TU !:rl Post notice on site (S days after 1st publication) 1 es i ✓ 9 f3 i 2nd publicat" r'ry L/ -7 I2 t Request for comments due _ Packet report due to Dick.- ;1t d fl y,g 7e.,rr 4 I Packet due to 4M - J� Public Hearincr - c; Post Ordinance (Kathy) �„ _ Send Ordinance for recording MICHAEL G. MAGNUS, Park Plaza West — Suite 460 10700 SW Beaverton-Hillsdale Hwy. Beaverton, Oregon 97005 TELEPHONE (503) 641-.7468 "h ` FACSIMILE (503) 646-9846 E-MAIL /5'0 ' Do W e mgm@ucinet.com ,o Michael G. Magnus ) CC r/'Sd, Gf 1,�� d e� / (Oregon and California Bars) June 5, 1997 Of O)c)2S P Mr. William D'Andrea AJJlJV1dL�i Fianne , AIC_ City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Re: Street Vacation/Tigard Marketplace, Tigard, Oregon Dear Mr. D'Andrea: This letter is in response to your letter of May 16, 1997 concerning the vacation of a part of former County Road No. 477 which is located adjacent to the Tigard Marketplace,which is owned by 13500 Pacific Corp. ("Owner"). 1. The Owner hereby requests that the City initiate vacation proceedings for that part of former County Road No. 477,which is described on the enclosed Exhibit"A" and is depicted on the map marked Exhibit`B,"which is also enclosed. This request is to supplement the request set forth in my letter to Mr. Monahan, the City Manager, dated May 6, 1997. Furthermore, as you know, the Owner already maintains this area which is landscaped. As a result,the Owner requests that the street vacation ordinance specify that the proposed street vacation area beiong to the Owner, under ORS 271.140. CA/V k/i:-- 2. The legal description is encl6sed and'is marked E G or map of the area to be vacated is marked Exhibit`B" and the area a yellow. 3. I enclose a vicinity map of the proposed vacation Exhibit"C." 4. A check in the amount of$1,530 for the application fee, made payable to the City, is also enclosed. MICHAEL G. MAGNUS, P.c. Mr. William D'Andrea June 5, 1997 Page 2 I understand upon receipt of this letter that the City will initiate its street vacation process. Please supply me with copies of all notices and documents concerning the street vacation process. In accordance with our discussion, I understand that the process should take about three months. If the City needs anything further at this time,please call me immediately. Very truly yours, ISO MAGNUS, P.C. �Ij Michael G. Magi s MGM:dt Enclosures .. cc: Mr. Gene Thompson(w/encl.) Mr. Randal Potterf(w/encl.) 504\dandrea.1tr(dt) CITY OF TIGARD May 16, 1997 OREGON Michael Magnus Anderson & Magnus, P.C. Park Plaza West- Suite 460 10700 SW Beaverton Hillsdale Hwy. Beaverton, OR 97005 Dear Mr. Magnus: This letter is a follow up to our previous conversation and to inform you of the street vacation process. The following information will be needed to begin the vacation process: 1. letter requesting that the City initiate vacation proceedings for the subject right-of-way to be vacated; 2. legal description of the City of Tigard right-of-way to be vacated; 3. site plan and vicinity map of proposed vacation area; and 4. $1,530.00 application fee. If you have any questions concerning this information, please feel free to contact me at (503) 639-4171. Sincerely, \� William D'Andrea Associate Planner, AICP iAcu rpin\wilknagnus.kr c: Bill Monahan 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503)684-2772 MEMORANDUM CITY OF TIGARD TO: Gus Duenas and Jim Hendryx FROM: Bill Monahan DATE: May 9, 1997 SUBJECT: Tigard Marketplace/Surplus Property Enclosed are two letters from Michael Magnus of the Anderson & Magnus law firm. Mr. Magnus represents Pacific Corp., owner of the Tigard Marketplace. As the letters indicate, Pacific Corp. would like to acquire a landscaped area which was required as a condition of the development of the Tigard Marketplace. Please review the file in this matter and determine if you agree with the representations made by Mr. Magnus. Would you also determine which department is responsible for processing this request? Whoever is responsible should then contact Mr. Magnus and provide guidance on how to process the request. Please keep me posted by copying me on all correspondence. Also, please contact Mr. Magnus no later than Wednesday, May 14. WADI\jh C)/\.j Or ' AN1:-Sof K enclosures N� o tj 1 is\adm\bill\05099'-6.doc Rpa�/'E;A4 �VrrH uCi/ 14 1 11 CJ71e5 t7 ��ND ,� LETt�iZ �2 o Ce--,,s ANDERSON C? MAGNUS, P.C. Attorneys at la'- Park awPark Plaza West — Suite 460 10700 SW Beaverton-Hillsdale Hvvv. Beaverton, Oregon 97005 TELEPHONE (503) 646-9230 FACSIMILE (503) 646-9846 Richard I Anderson, Jr. Miles D. Monson (Oregon and Washington Bars) (Oregon and Minnesota Bars) Michael G. Magnus Lisa A. Dawes (Oregon and California Bars) May 8, 1997 (L,gal Assistant) Oregon Department of Transportation William Monahan Attn: Roland Arney City Manager for Tigard Right of Way Section 13126 SW Hall Blvd. 123 NW Flanders Tigard, Oregon 97223 Portland, Oregon 97209 RE: Tigard Marketplace/Surplus Property Gentlemen: Pursuant to my letter of Mc-v 6, 1997, I enclose a legal description and a survey of the property that is the subject of my earlier letter to you. The enclosed survey more accurately shows the subject parcel that our client, 13500 Pacific Corp., wishes to acquire from the Oregon Department of Transportation and the City of Tigard. I have outlined the property in yellow that is described in the enclosed legal description and is the property that Pacific wishes to acquire. A portion of the property which ODOT owns is marked in green and the Tigard property is marked in red. If you have any questions or cotriments about the enclosed surrey and legal description, please call me. Very-truly yours, E & MAGNUS, P.C. is ael G. us NIGM:dt Enclosures cc: Mr. Gene Thompson (w/encl.) Mr. Randal Potterf(w/encl.) 504\odotcity.001(dt) � = 00'15'51' R = 5473.80' EXHIBIT " B" 7 L = 25.24' 7 � / x Vol J� POs .' f- 127.32'0.5" P,14 24.20' 0' �' GJ 110, 41. QQ► i �. ' v jl (O�• ; SCALE: 1"=30' S REGISTERED P�ifyFE% .2 tlL 7 LAND 3URVEYOR = 33'08'03" ,,� - OEiJ s• R = 14.02' ��aF3�F - OREGON f � . �o JULY 30, 1376 L = 8.11 ORAN 0.ABBOTT kENEVYAL: /2-�i-97 S L - 97 I PACIfIC REFSU � PZOFEccI0NON AL 9405 S.W. Nimbus Avenue LAND SURVEYOR Beaverton,OR y7008-71'_0 EXHIBIT "A" OREGO?lf JULY 30, 1976 ORAN 6 ABBOTT 99W, TIGARD - LEGAL DESCRIPTION #1066 j MAY 5, 1997 RENEWA(; /Z -a'/-97 FILE: 4-1422-0501 A parcel of land lying in the George Richardson D. L.C. No. 38 , Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, and being a portion of Taylors Bridge Road (County Road No. 477) lying southeasterly of a line 48 feet southeasterly and parallel from the following described center line of the relocated Pacific Highway West: Beginning at Engineer' s center line Station 116+98 . 50, said station being North 00°13141" West 2, 340 . 83 feet and North 89°46 ' 19" East 1, 055. 97 feet from the southwest corner of Section 2, Township 2 South, Range 1 West, Willamette Meridian; thence 251 . 30 feet along the arc of a 2, 865 foot radius curve to the left through a central angle of 5°01132" (the long chord bears South 38°22 ' 35" West 251 . 22 feet) to a point of compound curvature at Engineer' s Station 119+49. 8; thence 206. 40 feet along the arc of a 5, 521 . 80 foot radius curve to the left through a central angle of 2°08 ' 30" (the long chord bears South 34047134" West 206. 39 feet) to a point of tangency at Engineer' s Station 121+56. 20; thence South 33043 ' 19" West 1, 243 . 80 feet to Engineer' s Station 134+00 . The herein described parcels' Point of Beginning is 48 feet southeasterly and opposite center line Station 121+56 . 20 P.T. ; thence South 33043 ' 19" West, parallel to said center line, 202 . 79 feet to the most northerly corner of that tract of land conveyed to Tigard East Associates, recorded in Fee No. 87-31809, Washington County Deed Records; thence South 51°02 ' 00" East, along the northeasterly line of said Tigard East Associates tract 36. 55 feet; thence, departing from said northeasterly line 8 . 11 feet along the arc of a 14 . 02 foot radius curve to the left through a central angle of 33°08 ' 03" (the long chord bears North 45052 ' 52" East 8 . 00 feet) ; thence North 33025 ' 28" East 200 . 81 feet; thence 53 . 87 Beet along the arc of a 24 . 20 foot radius curve to the left through a central angle of 127032 ' 05" (the long chord bears North 24°40124" West 43 . 42 _feet) to a point 48 feet left of the center _ine of sai: relocated Pacific Highway West; thence, parallel to said center 'ifoot radius cur-�e to ne, 25 . 24 feet along t .e arc of a 5, 473 . 80 the 'eft through a central angle of 0°15 ' 51" (the long chord bears South 33051 ' 15" West 25 . 24 feet) to the Point of Beginning. Contains 8, 617 square feet (0 . 20 acres) more or less . File:i:\project\14220501\wpdata\dlc38.1eq (503)626-0.355 Fax(503)526-0775 Planning•Engineering•Surveving•Landscape Architecture•Environmental Services ANDERSON L7 MAGNUS, P.C. Attorneys at La« Park Plaza West — Suite .160 10700 SW Beaverton-Hillsdale Hwy. Beaverton, Oregon 97005 TELEPHONE (503) 646.9230 FACSIMILE (503) 6:I6-98.16 Richard T Anderson, Jr. Miles D. Monson (Oregon and Washington Bars) (Oregon and Minnesota Bars) Michael G. Magnus May 6, 1997 Lisa A. Dawes (Oregon and California Bars) (L gal Assistant) Oregon Department of Transportation Attn: Roland Arney Right of Way Section 123 NW Flanders Portland, Oregon 97209 William Monahan City Manager for Tigard 13125 SW Hall Blvd. Tigard, Oregon 97223 RE: Tigard Marketplace/Surplus Property Gentlemen: We are the attorneys for 13500 Pacific Corp.("Pacific");which is the owner of the Tigard Marketplace, a shopping center located along Highway 99 in the City of Tigard. We enclose a copy of a map which shows a parcel of real property which is located adjacent to the Tigard Marketplace. This area is partially landscaped and irrigated and also prop ides access to the Tigard Marketplace as well as two other parcels of real property. The landscaped area is marked in yellow. The access road is marked in blue. In addition, and for your information, the City's entire right of way is marked in pink. The right of way is former County Road No. 477. Within the landscaped area, there are, according to W & H Pacific and Oregon Title, two separate areas of ownership. The green hatched area belongs to the Oregon Department of Transportation ("ODOT") and the red hatched area belongs to the City of Tigard. Pacific maintains the landscaped area. It is not maintained by the City or by ODOT. We enclose a copy of a letter from ODOT confirming that it does not maintain the landscaped area or the access road. Also, to our knowledge, the access road is not maintained by the City. Pacific's local representative spoke with the Public Works Department at the City. ANDERSON Cr MAGNUS, P.C.. Mr. Roland Arney Mr.William Monahan May 6, 1997 Page When Pacific's predecessor in interest, Portland Fixture Limited Partnership ("PFLP"), constructed the Tigard Marketplace, it also constructed the improvements in the landscaped area and the access road. The City approved the development under its file number SDR 87-15. At the time of the construction, and in order to facilitate the development, the City vacated a part of County Road No. 477 under its ordinance 86-19. The State, through ODOT, conveyed a part of its right of way to PFLP. ODOT's file number is 6669. Our client, Pacific, wishes to acquire the landscaped area. Based on our review of the Tigard planning file, it appears that this property should have been part of the vacation process by the City as well as the transfer from ODOT. This conclusion is supported by the following facts: PFLP built the area when it constructed the Tigard Marketplace, both PFLP and Pacific have maintained and irrigate the landscaped area since its development and both the City and ODOT have never maintained this property. Furthermore, a portion of the landscaped area as well as the access road have been included with tax lot 100, and PFLP and Pacific have paid taxes on such part of the property. We understand that each of you has a different procedural process in order to transfer property, but this letter is sufficient to commence ODOT's process. We are aware that the City can authorize a street vacation either based on a vacation petition signed by two thirds of the affected owners or on the City Council's own initiative. We are requesting by this letter that the City Council initiate such vacation process. If a different form is needed, I ask that Mr. Monahan please advise me. For your information, W & H is finalizing a legal description of the subject real property. As soon as we receive that legal description, I shall send it to you. If either of you have any questions or concerns, please call nie to discuss. Very truly yours, 1 I , S�N & MAGNUS, P.C. A { i � I Michael G. Viaallisl— ',IvIGM:dt Enclosure cc: Mr. Gene Thompson (w/encl.) Mr. Randal Potterf(w/encl.) 504\odotcity.wpd(dt) s r a / R i / 1 w w ♦ wp • w T. L . 2000 w SETNICKNER energy savings of 15-20X. The ordinance would also attempt to maintain future options so that in 15-20 years solar types of applications would be more feasible. Because this program is metro—wide and local jurisdictions have been working from a common source, chances are it wouldn' t be so confusing for a developer to go from one community to another in the metro area. Senior Planner Liden reported the project is roughly on schedule; review and adoption of an ordinance by local jurisdictions is scheduled for early 1988. Senior Planner Liden reported he was a member of the committee developing the model ordinance. The committee consisted of developers and government planners attempting to devise a document which would meet the needs of the development community as well as the cities . 3. Council President noted that the City of Tigard adopted a resolution which supported efforts of the solar access program. No solar access ordinance had been adopted to date by the City of Tigard. - (Councilor Schwartz arrived: 6:45 p.m. ) 4. Councilor Johnson questioned if the Committee's findings for solar access and subsequent ordinance development would contain anything binding on cities participating in the development of the model Ordinance. Senior Planner Liden indicated no. The only expectation from this study would be that local jurisdictions hold hearings to formally consider whether there would be anything adopted. 5. In response to a question from Councilor Johnson, Senior Planner Liden said he had been spending about 4 hours a month on this project. 6. City Administrator commented that the LCDC post—acknowledgement would be coming up in about a year—and—a—half. He asked if there have been any indications where LCDC is on energy issues? Senior Planner Liden said he had received no indication that this would be a mandatory issue on the part of LCDC. b. Portland Fixture (SDR 87-15) Review Discussion 1. Council President noted that Councilor Schwartz had arrived (6:45 p.m. ) at the meeting; therefore, a quorum of Council was present and the meeting was called to order. 2. Councilor Eadon joined the meeting for this agenda item via Speaker Phone at 6:50 p.m. Page 2 — COUNCIL MINUTES — AUGUST 10, 1987 3 . Also present, representing Portland Fixture' s interests were the following people: Dave Roche United Grocers, Inc. Louis Zimel Portland Fixture Company. Norm Dowty R & H Construction Company Bob Klas Ehmann & Associates, AIA David Zimel Mercury Development Paul Gram Mercury Development Tom Lancaster Consulting Engineer 4. Community Development Director summarized this item. The Council decided to call up SDR 87-15 for further review at a public meeting on August 31, 1987. Submitted to the Council in their August 10, 1987 packet was a memorandum from the Community Development Director to Senior Planner Liden (dated August 4, 1987) which summarized Council's concerns. Community Development Director advised he had also been in contact with Councilor Eadon concerning preliminary information from the Developer addressing the Council' s concerns. Present at the meeting were several representatives of this Portland Fixture project (noted above); they were available to address items of Council concern. 5. David Zimel of Mercury Development was spokesperson for the Portland Fixture Project and responded to the majority of the concerns with other representatives being called upon as noted. The Community Development Director went through the points addressed in his August 4th memorandum with the response by the developer being noted below: o Item 1 - Council was concerned about the Tualatin Rural Fire Protection Districts' need to sign off on the project. The Fire District responded that any new traffic signal to be installed must be equipped with opticom controls. They are somewhat concerned that"this size of development could cause the 3000 gpm fire flow requirement to be exceeded. It is required that an automatic sprinkler protection system be incorporated into all buildings in this development. Mr. Zimel responded they are prepared to address all of the Fire Department' s comments and take care of each concern. The traffic signal was designed in 1985-86 and access permits were issued last year. Councilor Eadon asked if the Highway Department reviewed the access approvals in light of new development over the last year along Highway 99. Page 3 - COUNCIL_MINUTES - AUGUST 10, 1987 Mr. Zimel said he felt the Highway Department would have contacted the developer if they had concerns over the access permits. Mr. Zimel said he has been in touch with different project engineers with the State and there has not been enough change to merit any change in the signals. Senior Planner Liden reported that Lee Gunderson of the Highway Department reviewed the current proposal and they were still comfortable with the traffic study. o Item 2 —Community Development Director outlined concern of Council on Page 2, Item 5, under the Engineering Division findings in the Notice of Decision. The Council was concerned that the driveway locations should be in conformance with the State and make sense relative to traffic circulation on Pacific Highway and signalization of Pacific Highway. Councilor Johnson asked if the City Engineer had reviewed this traffic circulation plan. City Engineer indicated he had not reviewed the traffic analysis which was prepared before he was employed by the City. Community Development Director reported at that time the City did not have a Traffic Engineer, but Frank Curry was working for the City and reviewed the traffic plan. o Item 3 — Community Development Director noted the next item for clarification was landscaping and buffering. He noted there would be a fifteen—foot wide buffer strip provided along all properties which were residentially zoned. Council questioned where this fence would be located. Mr. Zimel said the fence would be on the property line. The fence would be solid wood, eight—feet tall, and continuous along the property. Mr. Zimel distributed a photograph of a similar fence for Council to view. He noted the solid wood design would help buffer noise.' Councilor Eadon questioned the wind resistance of the fence. Mr. Zimel reported the fence—post footings would be set in concrete. Senior Planner Liden also advised that this type of fence would require a Building. Permit and would be subject to the Building Official's approval. Council President expressed concern over maintenance and the appearance of the fence in three to five years. Norm Dowty, R & H Construction Company, reported this fence would be designed by an architectural firm and the material would be pressure treated (50—year life wood) for the whole structure. This fence was not like a neighborhood fence, but was a commercial product. The finished side of the fence would be on the neighborhood side. Page 4 — COUNCIL MINUTES — AUGUST 10, 1987 o Item 4 –There was discussion on noise mitigation. Dave Zimel said the project was in an optimum situation because an 8–foot high fence knocks out a lot of noise and because the property "sits down" on the site which would further reduce noise. At some points the top of the building would be roughly opposite the top of the height of the fence. o Item 5 – Noise from the HVAC systems was discussed next. Bob Klas, Architect addressed this item of concern. Mr. Klas outlined the following noise mitigation measures: — the roof of the building would be about level with the top of the fence — the rear parapet wall would block noise; this wall would extend above the top of any mechanical units on the roof top — if there should be any ducts through the roof carrying noise, sound–deadening material could be used if necessary — roof top equipment would be enclosed by screened walls with sound-deadening material on the inside face. All air conditioning units would be located exactly in the middle of the building. Community Development Director responded to concern of Councilor Johnson with regard to duct–noise on the roof. He advised the Building Department would monitor decibel levels to determine if sound–deadening material would be necessary. o Item 5 – Trees — Community Development Director outlined in his memorandum that Council was concerned that the minimum number of trees (85) be planted or' left remaining and that the planted trees would be mature enough to have a positive effect at the time of planting. Dave Zimel distributed to Council pictures of trees of another development at Murray & Allen Blvd. in Beaverton. Mr. Zimel advised they anticipated placing trees of similar size at this project. Dave Zimel, in response to a question by Councilor Johnson, advised they would try to save as many existing trees as possible. He also reported that the larger trees are situated so that they will be saved. Mr. Zimel also noted there was the possibility that some trees may be situated too close to the asphalt which would not survive. The existing trees to be saved were marked with an "E" on the drawings submitted to Council. Page 5 – COUNCIL MINUTES – AUGUST 10, 1987 _ Councilor Eadon asked if the large oak tree would stay. The developer affirmed that this tree would stay. Council President asked about the size of the trees. Dave Zimel said it would depend on what was available from nurseries. He recommended 1-1/4" caliper as a guideline for size of tree. o Item 6 - Signage - applicant requested an increase in sign size of 50% and sign height of 25%. Staff recommended approval of the increased sign size but not of the increased sign height. Dave Zimel explained the developers desire to have adequate size signage for the anchor and smaller tenants. City Administrator asked if there had been other businesses in the area which had been granted similar requests. Community Development staff indicated Park 217 and Crossroads Shopping Center were granted larger-sized signs. Senior Planner Liden noted this was not a request for variance. Increased sign size can be reviewed and approved by the Community Development Director as part of Site Development Review Process if the project qualifies as a shopping center. A shopping center was defined as over 4 acres in size with 8 or more tenants. This project met this criteria. o Item 7 - Trash Pickup and Warehouse Working - Community Development Director noted Mayor Brian suggested that the dumpster design be such that the grocery store can access the dumpster through a tube coming out of the building. The other issue concerned warehouse workers in loading areas creating noise and disturbing neighbors. Dave Roche with United Grocers advised the trash compactor is a sealed unit. He showed Council a brochure with a picture of the compactor proposed for this project. This type of compactor would mitigate problems with odor and noise. Dave Zimel added that the grading of the property was such that noise will come from a very low level which would tend to knock out sound. The eight-foot high fence would also mitigate noise. Mr. Roche said the dumpster opened on the top and there would be a chute fastened to the building. All of the trash and refuse would be be dumped from within the building, thereby reducing noise. The dumpster would sit at grade level and about two to three feet below the finished floor. Trash pick up would not occur between the hours of 10 p.m. and 6 a.m. Page 6 - COUNCIL MINUTES - AUGUST 10, 1987 Mr. Roche advised that all work around the loading dock would be done on the inside. Councilor Eadon expressed concern over residents near grocery stores experiencing problems with noise from the loading docks when the doors may be left open and radios turned on during early morning hours (i .e. , 2:00 a.m. ). Mr. Zimel said this could probably be eliminated "pretty easily. " He said these are "business people who want to be in the community for awhile, and if we have one irresponsible employee, I would hope that we'd be notified of that and do something about it." Councilor Johnson asked Mr. Zimel if he'd be comfortable with a condition to the effect that every attempt would be made to eliminate noise during those hours including "closed warehouse doors, etc."? Council President added those kinds of issues are controllable — the City could contact the owner with any problems. Generally, the owners are very concerned and aware of public sentiment and would not want problems to continue. Council President said the project representatives have put together a good, high quality presentation. He said he would like to see everything the Portland Fixture representatives have agreed to this evening put in writing so there would not be misunderstandings as to what was stipulated in the future. City Administrator said everything discussed tonight fit within the framework of the original Director's Decision. A memo of understanding between the developer and the City should be written for clarification and could avoid further time delays. Council President asked if City Administrator's suggestion satisfied concerns of Council present. Councilor Johnson agreed the presentation was excellent. The remaining two items (8 and 9) in the memo dated August 4 had not been discussed; however, Councilor Johnson said she trusted" the Community Development Director to pursue these issues to the same degree as with the other items. Councilor Eadon mentioned concerns over outside lighting and construction hours. She said she would not want . heavy equipment running at 5:00 and 6:00 in the morning. Community Development Director and project representatives agreed that the lighting would be monitored by Community Development Staff and the hours of construction could be stipulated. Community Development Director advised the Site Development Review could be finalized with the developer' s submittal of an itemized list dealing with each item noted in the Director' s Decision. Community Development Director would review the list and, if accepted, the project would be ready to go. He suggested copies of the itemized letter from the Page 7 — COUNCIL MINUTES — AUGUST 10, 1987 developer be sent to each Council member. If, after receipt of the letter, Council does not call up the project for further review, then the construction would proceed. The Hearing, which was scheduled for August 31st, would be cancelled. Councilor Eadon advised Council President she agreed with the procedure outlined by the Community Development Director, but would like an opportunity to look at the material presented at the meeting. Councilor Johnson said she is satisfied and will trust Planning Director to see conditions and stipulations are met. She added she would be more comfortable to have the developer' s understanding in writing. She said she did not want to delay the development any further. Council Schwartz said he concurred with Councilor Johnsons ' remarks. Council President also agreed. He asked that Councilor Eadon work as closely as possible with the Community Development Director so she would be comfortable with the issues discussed. Since Councilor Eadon was out of town for a few days, Council President suggested she give the City Recorder her address so material on this agenda item could be forwarded to her by "express mail." Council President asked if this met with Councilor Eadon's approval. Councilor Eadon indicated this procedure would be satisfactory. City Administrator said that he understood the Developer was to provide a memorandum of understanding with regard to the provisions outlined in the Director's Decision. Council consensus was: — The Public Hearing for August 31 would continue to be advertised. — Community Development Director would conduct a telephone poll a few days after the Council had received the memorandum of understanding. Through this telephone poll, the Community Development Director could determine if the majority of Council desired to review this item on August 31. — If the majority of the Council was satisfied with the memorandum of understanding, then the August 31 Public Hearing would be cancelled. City Attorney asked, since this was an unusual procedure, if the applicant agreed to this process. Dave Zimel said that they agreed to the procedure outlined, but asked how much time would this take. Council President said after the Page 8 — COUNCIL MINUTES — AUGUST 10, 1987 memorandum of understanding was received by Council, the Community Development Director would contact each Council member a few days thereafter (Councilor Johnson suggested 7 days) . Dave Zimel was advised by Community Development Director that the developer should write the memorandum of understanding. Business meeting was called to order at 8:47 p.m. 3. POINT OF ORDER — CONSTRUCTION AT DURHAM ROAD AND PACIFIC HIGHWAY (HIGHWAY 99) a. Council President reported he had been advised that Mrs. Margaret Benz was at the to meeting present to Council a petition concerning the construction project at Durham Road and Pacific Highway. Council President noted there was no hearing procedure scheduled on this study agenda. Council President requested the petition be entered into the record; however, no testimony would be taken at this time. Mrs. Benz delivered to the Deputy Recorder the petition as noted. 4. CONSENT AGENDA Motion by Councilor Johnson, seconded by Councilor Schwartz to: 4. 1 Recess Council Meeting; Convene Local Contract Review Board Meeting; Award Bids For: a. Gaarde Street Storm Drain Improvement b. Genesis No. 3 Asphalt Pavement Overlay, Genesis No. 3 Concrete Work c. Backhoe/Loader d. Automatic Electric Asphalt Patch Box Adjourn Local Contract Review Board Meeting; Reconvene Council Meeting. 4.2 Approve Solid Waste Rate Clarification — Resolution No. 87-113 4.3 Approve Budget Adjustment FY 1987-88 — Resolution No. 87-114 4.4 Approve Chamber/Old City Hall Lease Agreement — Authorize Council President To Sign Approved by a unanimous vote of Council present. 5. PUBLIC HEARING — DARTMOUTH STREET LOCAL IMPROVEMENT DISTRICT a. Public Hearing Continued from August 3, 1987 b. There were no declarations or challenges. C. City Attorney summarized this item. He began by outlining the procedural history of the case. The Local Improvement District was previously approved by the Council, it was formed, and there was a preassessment done. That action was appealed through a rather lengthy litigation process. A decision was reached by the Court of Appeals which ruled: Page 9 — COUNCIL MINUTES — AUGUST 10, 1987 y ib. O N Yv Or Al do mr Q+ p16, ZLI It �sAr w VA o V J Ix O W O �49 to � .Nta el !A } r Ix Na LL o s� to N^vt v W W \ n zed \r� CO) jai bm�\� eg rN, O iaoy, QVi tL gas \;o.4 00 9)lei r \� It. b O k" �� � h N N N W oNb3 a 4q In'• bN � qi' , o12N a� i � \ so. \ say \ \ m so• \ \ S�S \ 100,0 . 1% B ��� v � i`ry •ok�q� \ 0 \ jX f i O N c0, �- iz '� \ \ s O 1 , o\0j ao o ��i M •oo `°aoa az.c O 0 r*_a�f RNs" cu '\ s, O If) ° s \ m OO 00 O a 0 (D �/•, �1 Or 02 m n M /, $ p A \o° ape e6, In r M\OTao I A'LA r.• M O i M N oZ d b$ If M ` N co N 9rO a ' sc 9n 9 °& M ON 0 m co 0 OSMq p BS . 0 O M 01 LI'B4 29,83 eo, _O e''" Y 0 irl N f% : O (\ M y M a KIS u> 0 ev O U iL) _ 3 z 00 N d / y VOL Z J leb Z1. � . .... -..wr -L}�td•�ua,. _ U (D JQ� ON N^�rid W.1Z a O —p OQ Z pyv �O � h 5 ^• N Mo ba O -ts°OAF Co \ y� ay ' g y O Z e \ b a0 \ \9f Q 1 O \ .rot \ O e N \ \ 9e ♦�00. ♦^ Q Is \ O M °dos, \ � a b O ti opf41 00xo \ 01 a fj \;yam ?♦^ Oo• \ (' \ a Q ri \ pN e (0 d' �i ^\ 01 a yro V,o3 b \ B b v CL Co N a od� /`e�9// +ip V \ p0mi W m 4i yb��ro wW a ' 0)N '�i o r, a A M y'al` • p N W OSC£2 08'08f �y e REQUEST FOR COMMENTS CITY OF TIGARD RECEIVED PLANNING Community Development ' ShapingA fetter Community DATE: July /,1991 J U L 141997 TO: Paul Koff,GTE Engineering CITY CIF TIGARD FROM: City of Tigard Planning Division STAFF CONTACT: William D'Andrea[x3111 Phone:[50316394111 Fax:[50316641291 BE: ➢ TIGARD MARKETPLACE PUBLIC RIGHT-OF-WAY EASEMENT VACATION Q A request to vacate approximately 4,172 square feet of public right-of-way of a remaining portion of the frontage road along Highway 99W (County Road #477) adjacent to the access road leading into the Tigard Marketplace center. LOCATION: Adjacent to SW Pacific Highway, South of SW Park Street, and adjacent to the Tigard Marketplace. ZONE: N/A Attached is the SItO Plan,Vicinity Map and Applicant's Stat01110nt for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Monday-July 21,1991. You may use the space provided below or attach a separate letter to return your comments. If Von are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. Please refer to the enclosed letter. Written comments provided below: (Tease provide the following information Name of PerSen(S]Commenting: Phone Number[s]: -,:--3 sK TIGARD MARKETPLACE PUBLIC RIGHT-OF-WAY EASEMENT VACATION PROPOSAUREQUEST FOR COMMENTS V GTE TELEPHONE OPERATIONS NORTHWEST REGION 8840 SW BURNHAM P.O.BOX 23416 RECEIVED PLANNING TIGARD, OR 97281-3416 JUL 14 1997 July 1 1, 1997 CITYOFTIQARD Mr. William D'Andrea City of Tigard Planning Division 13125 SW Hall Boulevard Tigard, OR 97223 Re: Tigard Marketplace Public Right-of-Way Easement Vacation Dear Mr. D'Andrea: GTE has 2 existing 4" conduits with cable in them paralleling the north side of the north access road into the Tigard Market place. This is in the area of the proposed vacation. I have attached a drawing showing the approximate location of the conduits. Finding the actual location will require calling for locates. The cable in these conduits provide service to the Tigard Marketplace, and will provide for any future growth. If the City of Tigard grants this vacation, please include a stipulation granting GTE right-of-way for the existing conduits. If you have any questions or require any further information please contact me at 503-639-7387. Sincere y, Elaine Self Engineer OSP - GTE xc: Pete Calo Debbie Settergren PARK STREET EXISTING ~O,Q TRAFFIC SIGNAL I ZOO M. CR8LE FLU: Z-,q rl P UG DWE01 .Buhr m r Q : PROPOSED TRAFFIC SIGNAL i tr s OLr 1 . qcc t SITE PLAN TIGARD EAST NO GCALE - -I3- -- w C/Y�/�c'/✓wf-c .............. ............ ._-_............................. _._........................___......................._.__. _ . .............. _..._,__....................... ..._ _ -__... . ... �_.._ ... CJ. .•a S. a r.a l'a . .. �; \\+ � �, ,�.-'. 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'2c a:9r a ap4900 Jo N °� a m a S. qjW /98Ac 800 ti 17.60 ��j .°0 �'� J 17 a�°�6 7100 WAT 2.32AG' y ` 1e 0 a* 32 ENS I . 31.42 10 to oa720 w 4Fz0EC O .2 7r.4800a?O B5 a�N J 33 ti ? s 9 V. 4200 7300 7000 31 1100 °cy a5c' a 3 ,a S N ,ti o 109Ac ,°2 74.08 � 34 N X0 10.3 40 4100 .23 �• �• S9 . a TT N o y° ss�p 4700 dam �. �m 4300 e 2 ��.J 4 63 7600'* x 3,� e Ta eT 7500 0 37 a � 39.09 4 7400 Z N 1200 �s2 .0 tis4p o 4600 N N boa 15.p3 N N 36 a 1 03 .62Ac. 3�y cy 4'w N g N ,O°.g9 15 4000 N O 35 4500 4400 0 1 2 ° g0 �20 54.61 1463 / 0 / �n/ // 7 c+ 0 6 5 AFFIDAVIT OF MAILING CITY CFTIGARD Community Development Skaping,%i Better Community STATE OT O(UG05V ) County of Washington )ss. City of Tigard ) I, POeie L Lnnsterd, being first duly swom/affirm, on oath depose and say that I am an Administrative Specialist II for the City of Tigard, Washington County, Oregon. It That I served NOTICE OF (AMENDED ❑) PUBUC NEARING FOR: (Ckfflct 01 I — bubo") ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission Tigard City Council ❑ That I served NOTICE OF (AMENDED ❑) DECISION FOR: (�MMw�wMn1U} ❑ City of Tigard Planning Director ❑ That I served NOTICE OF (AMENDED ❑) FINAL ORDER FOR: (CMetwrw.,�yeaw} (CMC*go ba"W) ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ❑ Tigard City Council ❑ That I served OTHER NOTICE OF FOR: A copy of the PUBLIC HEARING NOTICEMOTICE OF BECISION/NOTICE OF FINAL ORBER/OTHEB NOTICEM of which is attached, marked Exhibit "A", was mailed to eac -named person(s) at the address(s) shown on the attached list(s), ®eked E011111111: on the I,-/ day of 1997, and deposited in the United States Mail on the day " 1997,postage prepaid. trersen that red l Subscribed and sworn/affirmed before me on the . day of ' 19 OFFICIAL SEAL DIANE M JELDERKS l`V NOTARY PUBLIC-OREGON NOTARY PUBLIC OF OREGON . ' COMMISSION 142 MY COMMISSION EXPIRES SEPTEMBER 07.19g9 My CeiUImisaien Explrex FILE INFO_ 2:� UUMMr �+v�Tt pT7+ CITY OF TIGARD EX141.1 I A Community Deve(opment ShapingA Better Community .... ..... . ........... 11 iAR . .. ...... . .......X-:-::::::::: ::: : ..... ... ... :: NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY, AUGUST 12, 1997 AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: FILE TITLE: TIGARD MARKETPLACE PUBLIC RIGHT-OF-WAY EASEMENT VACATION APPLICANT: Michael G. Magnus OWNER: Pacific Corp. Anderson & Magnus, P.C. c/o Tigard Marketplace Park Plaza West, Suite 460 13500 SW Pacific Highway 10700 SW Beaverton-Hillsdale Hwy. Tigard, OR 97223 Beaverton, OR 97005 REQUEST ➢ A request to vacate approximately 4,172 square feet of public right-of-way of a remaining portion of the frontage road along Highway 99W (County Road #477) adjacent to the access road leading into the Tigard Marketplace center. LOCATION: Adjacent to SW Pacific Highway, South of SW Park Street, and adjacent to the Tigard Marketplace. ZONE: N/A THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER 18.30. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE CITY COUNCIL WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING,AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE CITY COUNCIL MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION, OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION AFTER JULY 11, 1997, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. A REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY HEARING (ORS 197.763(6). TIGARD MARKETPLACE PUBLIC RIGHT-OF-WAY EASEMENT VACATION PROPOSAUREQUEST FOR COMMENTS INCLUDED IN THIS NOTICE IS A LIST APPROVAL CRITERIA APPLICABLE THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE CITY COUNCIL WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE HEARINGS AUTHORITY AND ALL PARTIES TO RESPOND PRECLUDES AN APPEAL, AND FAILURE TO SPECIFY THE CRITERION FROM THE COMMUNITY DEVELOPMENT CODE OR COMPREHENSIVE PLAN AT WHICH A COMMENT IS DIRECTED PRECLUDES AN APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25C) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25G) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE CITY RECORDER OR STAFF PLANNER WILLIAM VANDREA AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. N A wg114N GPAtil CT PARK ST SOBIECT AB TO BE T Q )T TIGARD MARKETPLACE PUBLIC RIGHT-OF-WAY EASEMENT VACATION PROPOSAUREQUEST FOR COMMENTS EXUPIT 73 2S102CB-01804 2S102CB-00302 . . . . . . . . . . . . . . . . . . . . . QAYUM, ABDUL AND ISMAT TACO BELL CORP #06-578 18245 RIVER EDGE CT 17901 VON KARMAN LAKE OSWEGO OR 97034 IRVINE CA 92714 2S102CB-01900 . . . . . . . . . . . . . . . . . . . . . 2S102CB-02000 TBLD CORP SETNIKER, JOHN W BY HOT 'N NOW #9336 BARBARA A TAX DEPT MD #1006 11830 SW GAARDE 17901 VON KARMAN TIGARD OR 97223 IRVINE CA 92714 2S102CB-02100 . . . . . . . . . . . . . . . . . . . . . 2S102CB-02300 . . . . . . . . . . . . . BEAM, GRACE E TRUSTEE PACIFIC PROPERTIES 13300 SW PACIFIC HWY BY MARTIN JOHNSON TIGARD OR 97223 13200 SW PACIFIC HWY TIGARD OR 97223 2S102CB-02301 . . . . . . . . . . . . . . . . . . . . . 2S102CB-03504 . . . . . . . . . . . . . TIGARD MEDICAL CENTER RIRIE, DAVID L 13200 SW PACIFIC HWY 14920 SW 133 AVE TIGARD OR 97223 TIGARD OR 97224 2S102CB-03500 . . . . . . . . . . . . . . . . . . . . . 2S102CB-05300 . . . . . . . . . . . . . SANDSTROM, GLENN M & MARGERY A LEWIS, LINDA ANN 19634 SW 56TH 12415 SW 122ND AVE TUALATIN OR 97062 TIGARD OR 97223 2S102CB-05400 . . . . . . . . . . . . . . . . . . . . . 2S102CB-06700 . . . . . . . . . . . . . BIDDLE, EDWARD H PACIFIC PROPERTIES GENERAL 9990 SW GARRETT ST PARTNERSHIP TIGARD OR 97223 13200 SW PACIFIC HWY TIGARD OR 97223 2S102CC-00100 . . . . . . . . . . . . . . . . . . . . . 2S102CC-00100 . . . . . . . . . . . . . 13500 PACIFIC CORP 13500 PACIFIC CORP BY CAP ADVISORS BY CAP ADVISORS 38345 W TEN MILE RD, STE 170 38345 W TEN MILE RD, STE 170 FARMINGTON HILLS MI 48335 FARMINGTON HILLS MI 48335 2S102CC-00200 . . . . . . . . . . . . . . . . . . . . . 2S102CC-00200 . . . . . . . . . . . . . 13500 PACIFIC CORP 13500 PACIFIC CORP BY CAP ADVISORS BY CAP ADVISORS 38345 W TEN MILE ROAD SUITE 170 38345 W TEN MILE ROAD SUITE 17 FARMINGTON HILLS MI 48335 FARMINGTON HILLS MI 48335 PACIFIC CORP. c/o TIGARD MARKETPLACE ATTN: MANAGER 13500 SW PACIFIC HIGHWAY TIGARD OR 97223 MICHAEL G. MAGNUS ANDERSON & MAGNUS, P.C. PARK PLAZA WEST, SUITE 460 10700 SW BEAVERTON-HILLSDALE HWY. BEAVERTON OR 97005 61 i Wg7}aN �� i � GRANa CT C C C PARK ST SUBJECT AR l TO BE VA T --»> Q� T 4-0 �U Vicinity Map N �TIGARD MKTPLACE PUBLIC Note: Map is not to scale R.O.W.EASEMENT VACATION W W JC X// � �a S.W.PARK STREET — — — E1lISTIN6TNREE-PHASE � / NORTR TRAFFIC SIG"" /� ACCESS PONT,,; lkego e 00�o eeFeTO VACATED • Z i / N 0 0 Z .-` z CL / �gryiy / �rgr�ys LL GD 0W ` W ` 0 I ' W soGry'�c °�� V Ess �eGo yr� GO SITE PLAN CASE NCP. TIGARD MARKETPLACE EXHIBIT MAP PUBLIC RIGHT-OF-WAY EASEMENT VACATION REQUEST FOR COMMENTS CITY OF TIGARD Community Development ShapingA lBetter Community DATE: July 11,1991 TO: PER ATTACHED FROM: City of Tigard Planning DIVISION STAFF CONTACT: William D'Andrea[x3111 Phone:I5031639.4fl1 Fax:[5031664-1291 BE: ➢ TIGARD MARKETPLACE PUBLIC RIGHT-OF-WAY EASEMENT VACATION Q A request to vacate approximately 4,172 square feet of public right-of-way of a remaining portion of the frontage road along Highway 99W (County Road #477) adjacent to the access road leading into the Tigard Marketplace center. LOCATION: Adjacent to SW Pacific Highway, South of SW Park Street, and adjacent to the Tigard Marketplace. ZONE: N/A Attached is the Site Plan,Vicinity Map and Applicant'S Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Monday-lully21,1991. You may use the space provided below or attach a separate letter to return your comments. It You are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: _ We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: (Aease provide the following information)Name of PersoNfsl Commenting: Phone Number[s]: TIGARD MARKETPLACE PUBLIC RIGHT-OF-WAY EASEMENT VACATION PROPOSAUREQUEST FOR COMMENTS REQUEST FOR COMMENTS NNnBUTION UST Ro W n W a oE1E1 PEW ARUU'nlU cffA=c M tsi M CM IMYOMAMMS m nt�.arr«M.�uk.nlar�..w, RIE NOISL• l� l� /Ul, G� S-.. r � RIE - CRY IFRCES _ADVANCED PLANNINGINadine Smith,pw—q _COMMUNITY DVLPMNT.DEPTJo sma POLICE DEPTJe�.p...,...os... _BUILDING DiVJDavid Scott....�a.w L�NGINEERING DEPTJBrian Rayer,ow...www L WATEOTHER OEPTJMichael Mlikr,ow.•••.R CITY ADMINISTRATION/Cathy Wheatley,cap*"~ 1LbPERATIONS DEPTJJohn Roy,r...wMm• w OTHER SPECIAL O�iBICTS TUALATIN VALLEY FIRE 3 RESCUE _TUALATIN VALLEY WATER DISTRICT — NIFlED SEWERAGE AGENCY I/ Fire Mar" Administrative Office Juga HuffmaNSWM Program Washington County Fire District PO Box 745 155 N.First Street (place in pick-up box) Beaverton.OR 97075 Hillsboro,OR 97124 LOCAL AMO STATEMMCTIONS CITY OF BEAVERTON _CITY OF TUALATIN —OR DEPT.OF FISH 3 WILDLIFE —OR •OF STATENL NDS PO Box 4755 Planning Director 2501 SW First Avenue 775 Summer Beaverton,OR 97076 PO Box 369 PO Box 59 Salem,OR 97310-1337 Tualatin,OR 97062 Portland.OR 97207 —Larry Conrad.>.•••�� —OR PUB.UTILITIES COMM. Mike Matteucci,wper.d ceoia METRO —OR DEPT.OF GEO.&MINERAL IND. 550 Capitol Sheet.NE 600 NE Grand Avenue 800 NE Oregon Street.Suite 5 Salem,OR 97310-1380 _CITY OF DURHAM Portland,OR 97232-2736 Portland,OR 97232 US ARMY CORPS.OF ENG. City Manager PO Box 23483 —Paulette Allen,ama -..- -cowdm r —OR DEPT.OF LAND CONSERV.3 DVLP. 335 Court Street.NE PO 3 SW First Avenue Durham,OR 97281-0 .. 483 —Mel Huie,w. .vn .. .ceds.+ tc►�sao�,q Salem 97310-0590 Portland.OR 97208-2946 CITY OF IONG CITY _METRO AREA BOUNDARY COMMISSION —city ager 800 NE Oregon Street REGON DEPT.OF TRANS.(ODOT) WASHINGTON COUNTY 15300 SW 116th Avenue Building$16,Suite 540 Aeronautics Division Dept of Land Use&Trans. King City,OR 97224 Portland,OR 97232-2109 Ann: Tom Highland.ftmv 155 K First Avenue 3040 25th Street.SE Suite 350,MS 13 _CITY OF LAKE OSWEGO _OR DEPT.OF ENERGY Salem,OR 97310 Hillsboro.OR 97124 Planning Director Bonneville Power Administration PO Box 369 PO Box 3621 , DOT,REGION 1 —Brent Curtis icPAv Lake Oswego,OR 97034 Routing TTRC-Attn: Renas Ferrera SoF en —co— Se Borteson cr v�••o Portland,OR 9721]8-3621 — CITY OF PORTLAND Portland,OR 97209-4037 —Jim Tice o"m —David Knowles,Puma&-am oe. _OREGON.DEPT.OF ENVIRON.QUALITY —Tom Ham Mwm*°t A00"r Portland Budding 106,Rm.1002 811 SW Sixth Avenue ODOT,REGION 1-DISTRICT 2A —Phil Healy c mmat Pt pow 1120 SW Firth Avenue Portland.OR 97204 Jane Estes.Pe°"spem" Portland,OR 97204 PO Box 25412 Portland,OR 97298.0412 8'MN Ffl8=BS AM9 SPECIAL A=9Vb _BURLINGTON NORTHERN RIR ETRO AREA COMMUNICATIONS —SOUTHERN PACIFIC TRANS.CO-(R(R) kt"ET TRANSIT DVLPMT. Administrative Of ill Jason Hewitt Cgtford C.Cabe,Construction Engineer Michael Kiser.Project Planner 1313 W.11th Street Twin Oaks Technology Center 5424 SE McLoughlin Boulevard 77100NE Holladay Street Pnd.OR 97232 Vancouver.WA 98660.3000 1815 NW 169th Place,S-6020 Portland,OR 97232 Beaverton,OR 970064886 LUMSIA CABLE COMPANY —TCI CABLEVISION OF OREGON —US WEST COMMUNICATIONS Craig Eyestone NW NATURAL GAS COMPANY Lunda Peterson Pete Nelson 14200 SW Brigadoon Cour Scott Palmer 3500 SW Bond Street 421 SW Oak Street Beaverton,OR 97005 220 SW Second Avenue Portland.OR 97201 Portland,OR 97204 Portland,OR 97209-3991 GENERAL TELEPHONE Paul Kort Engineetin9 RTLAND GENERAL ELECTRIC COMPANY MC: OR030546 Brian Moore Tigard.OR 97281-3416 14655 SW Old Schogs Ferry Road _mst 297 Beaverton,OR 97007