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City Council Packet - 05/08/1989 TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an REGULAR MEETING AGENDA agenda item needs to sign on the appropriate BUSINESS AGENDA CATV sign-up sheet(s) . If no sheet is available, MAY 8, 1989, 6:30 P.M. ask to be recognized by the Chair at the start TIGARD CIVIC CENTER of that agenda item. Visitor's agenda items are 13125 SW HALL BLVD. asked to be to 2 minutes or less. Longer matters TIGARD, OREGON 97223 can be set for a future Agenda by contacting either the Mayor or City Administrator. 6:30 o STUDY SESSION 7:30 1. BUSINESS MEETING: 1.1 Call To Order and Roll Call 1.2 Pledge of Allegiance 1.3 Call To Staff and Council For Non-Agenda Items 2. VISITOR'S AGENDA (2 Minutes or Less Per Issue, Please) 3. PROCLAMATION - WASHINGTON COUNTY VOLUNTEERS' WEEK - Mayor Edwards 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: March 27 and April 3 & 26, 1989 4.2 Receive and File: Council Calendar 4.3 Delegate Certain Authority Responsibility to the Community Development Director - Resolution No. 89- ( 4.4 Approve Agreement with Oregon Department of Transportation for the Hall/Durham Traffic Signal - Resolution No. 89- 4.5 Approve Selection of Main Street Bond Project as Recommended by the City Center Plan Task Force & the Transportation Advisory Committee 4.6 Appropriate Oregon Dept. of Transportation Grant-Res. No. 89- 4.7 Appropriate $500 Donation for Use by the Tigard Police Department K-9 Unit - Resolution 89- 4.8 Recess Council Meeting; Convene Local Contract Review Board (LCRB) Meeting: a) Award Bid - Senior Center Remodeling; b) Approve Contract for City Center Parking Lot Landscaping Improvements; Adjourn LCRB; Reconvene Council Meeting 5. APPEAL PUBLIC HEARING - CONDITIONAL USE CU 89-02 TIGARD ASSEMBLY OF GOD NPO #3 An appeal of the Hearings Officer's denial to allow construction of a 5,327 square foot gymnasium within a residential zone. LOCATION: 11265 S.W. Gaarde Street (WCTM 2S1 3DC, Tax Lot 1000) . ZONE: R-3.5 units per acre). o Public Hearing Opened o Declarations Or Challenges o Summation By Community Development Staff o Public Testimony: Proponents, Opponents, Cross Examination o Recommendation By Community Development Staff o Council Questions Or Comments o Public Hearing Closed o Consideration By Council: Motion for Final Order. COUNCIL AGENDA - MAY 8, 1989 - PAGE 1 6. PUBLIC HEARING - PUBLIC PEDESTRIAN ACCESS EASEMENT VACATION HEARING - COTSWALD MEADOWS NO. 3 SUBDIVISION Proposed vacation of a public pedestrian access easement within Cotswald Meadows No. 3, a recorded plat in the City of Tigard, Washington County, Oregon. The request was initiated by City Council on March 27, 1989 at the request of adjacent property owners. o Public Hearing Opened o Declarations Or Challenges o Summation By Community Development Staff o Public Testimony: Proponents, Opponents, Cross Examination o Recommendation By Community Development Staff o Council Questions Or Comments o Public Hearing Closed o Consideration By Council: Ordinance No. 89- 7. PUBLIC HEARING - PUBLIC RIGHT-OF-WAY VACATION - PORTION OF SW 66TH AVENUE IN WEST PORTLAND HEIGHTS SUBDIVISION Proposed vacation of a portion of S.W. 66th Avenue within West Portland Heights, a recorded plat in the City of Tigard, Washington County, Oregon. The request was initiated by City Council on March 27, 1989, at the request of Jim and Cora Corliss. o Public Hearing Opened o Declarations Or Challenges o Summation By Community Development Staff o Public Testimony: Proponents, Opponents, Cross Examination o Recommendation By Community Development Staff o Council Questions Or Comments o Public Hearing Closed o Consideration By Council: Ordinance No. 89- (' 8. PACTRUST - SINGLE-OWNER LOCAL IMPROVEMENT DISTRICT - RESOLUTION OF INTENT - Resolution No. 89- 9. NON-AGENDA ITEMS: From Council and Staff 10. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (a), (d) , (e) , & (h) to discuss Police Chief selection, labor relations, real property transactions, and current and pending litigation issues. 11. ADJOURNMENT cw/9690D COUNCIL AGENDA - MAY 8, 1989 - PAGE 2 TIMES PUBLISHING COMPANY( Legal P.O.BOX 370 PHONE(503)684-0360 Notice 7_6932 BEAVERTON, 7 Legal NoticeOREGON Adve9rtising075 �AEC�f�f�:. i • CITY OF TIGARD • 0 Tearsheet Notice :._'' MAY 0 F 1099 • PO BOX 23397 • ❑ Duplicate Affidavit i�1tQFiww'0 TIGARD, OR 97223 • • AFFIDAVIT OF PUBLICATION ; ^ '� /� .'� 'h-Fl ' ' ` STATE OF OREGON = COUNTY OF WA HINGTON , � �� S �$s. • f f.:r�a C'+Z . 4 T -f.C.4xta,...1i+iv ppm 11.4E`�■5�ps■�"k y .: ? 1, ELAINE PETROGEORGE t 5i ., "T. ,j*I?.a.'t1 ,4 'h r ion x .I .L - being first duly sworn, depose and say that I am the Advertising Y � „fir x � }, }„,aka} k'� kt.1, Director,or his principal clerk,of the TIGARD TIMES y �N , s �s 1 � it•, +S 7 efes'` f {� foitow n setec j, LeA0 items a published for yauc .L, • _,-,4 a newspaper of general circulation as defined in ORS 193.010 t 'rl�faratDbn a�td full agendas me;be obtained from tbp City Recc►r and 193.020; published at TICARD in the tet;` 3125 �� fL Tigard,Oregon 57223 orby calling B -471 i aforesaid county and state that the , �,z � s� _ t �' w f{� �� f _} { 7 `11 CITY�CO 1CIL REGU14U MSG` IIIIAY$ 1989 s^ h f'.TTY COITNCTT. RFCTTT.AR MF.FTTNC NOTICE k z 1 6 0� 4udy yes—iiik �7 30 i!,( 11.rbilar piii.8 �r a printed copy of which is hereto annexed, was published in the `k r '" ., 0714 AIS CC�/IC`c NTE T(Qan � '' �r`f` 11211•St0„..I.`�BO • A�tb T.1%4t1 OREGO1 . 1 `', entire issue o.f said news a er for successive and F{� r� ' +�+ w P P ONI; � •i3' Wash rn tY Yoiuntee f'Week l 3 consecutive in the followingissues: } 3`�P t1 °II ��h -0010 c s > y'}� bl[ }`� iY''...v�-, 7 i .. e to� `� si.d, i y^.u. 'k:.f..0t E ' y - Appeal Confit ',U4,:Lse.Cif 8902,Tigard Assembly of God Church f < �,z- rife r+, MAX 4, 1989 { r T(p0 3 n o ,*,,, \ o- ? -.;;i -t a k s r + a i z i i �'+1 i ' }'01.491,zPi4q:-.am ACce�s. 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PO BOX 233974441, • T I G A R D , 0 R 97223 • 0 Duplicate Affidavit • • AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss. I. ELAINE PETROGEORGE being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of the TI G A R f) TT MF S , a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at TI fa A R D in the aforesaid county and state; that the PIII3I IC HFARTNG a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ONE successive and consecutive in the following issues: APRIL 27 ,1989 • 44- Subscriblfiraod"swo_ o before me this A P R T I 2R , 1 WI q J J rl try Public for Oregon 9/20/42 ir,. 1. My Commission Expires: Vi s. " r r t� f ?- 4 $z z)+ W AFFIDAVIT. t s y aGI.wA1 i�A •i r' iO^EM 2 t`�,,,* '-t `'.. gnu ra .7v • , r n PUBLIC; TIMES PUBLISHING COMPANY Legal P.O.BOX 370 PHONE(503)684-0360 &Ise 7-6889 BEAVERTON,OREGON 97075 V Legal Notice Advertising MAY 0 8 1989 • CITY OF TIGARD • 0 Tearsheet Notice CITY OFTIGARD PO BOX 23397 • TIGARD, OR 97223 • 0 Duplicate Affidavit • • AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss. 1, ELAINE PETROGEORGE being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of thdWTGARD TTMFS a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at____TIGARD in the aforesaid county and state; that the PTTRT.TC HF.ARTN(:-COTSWAT.T) MF.AT)OWS a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for FIVE successive and consecutive in the following issues: APRIL 6, 13, 20, & 27, 1989 MAY 4, 1989. 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I I / 1 TIMES PUBLISHING COMPANY Legal P.O.BOX 370 PHONE(503)684-0360 Notice 7-6888 BEAVERTON,OREGON 97075 Legal Notice Advertising RECE'V • CITY OF TIGARD • 0 Tearsheet Notice MAY n c ?C^q • PO BOX 23397 -sem TIGARD, OR 97223 ❑ Duplicate Affidavit CITY it • • AFFIDAVIT OF PUBLICATION STATE OF OREGON, COUNTY OF WASHINGTON, )ss. ELAINE PETROGEORGE I, being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of the IGARD TIMES a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at TIGARD in the aforesaid county and state; that the PURI.Tr. HEARTNc a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for FIVE successive and consecutive in the following issues: APRIL 6, 13, 20, & 27, 1989 MAY 4, 1989 3 _0,d D ear Subscritdand sworn .afore me this play 5, 1989 M!'1 ry Public for Oregon • 9/20/92 ,s My Commission Expires ,oak AFFIDAVIT 4r< , ,,p p ¢ ; t} t 41, Q w a v -t,; ' )L.,-,, N' P 3 1 rw . v mow' a.VV y- N� i p „ r y. t: A-XrP , 4.. /t re, �+t,•444ak~ ,7,f Add • i'.. �y D '•ti.� Iti' kt. �yi �_1 S Ngcy, 11' 47:Tii/ilikfraTP733 ,Y;7,7;? y �', '4,T411.5_A�*a.� °q4F .o !+ '3's,$� Lriea� �y n'`C�"a $ . 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Tigard Civic Center, 13125 S.W. Hall Blvd. , Tigard, Oregon. 2. U.S. National Bank, Corner of Main and Scoff ins, Tigard, Oregon 3. Safeway Store, Tigard Plaza, S.W. Hall Blvd. , Tigard, Oregon 4. Albertson's Store, Corner of Pacific Hwy. (State Hwy. 99) and S.W. Durham Road, Tigard, Oregon ./1A-Lea bili �� ,: S•: :�; 8tOeribed and sworn to before me this /r24 day of LtriCC.v/,- , 19 ,�?'•_ • = Notary Public for Oregon My Commission Expires: ThC�/q/ TIGARD CITY COUNCIL MEETING MINUTES - May 8, 1989 - 6:30 P.M. C1. ROLL CALL: Present: Mayor Jerry Edwards; Councilors: Carolyn Eadon, Valerie Johnson, Joe Kasten; City Staff: Pat Reilly, City Administrator; Ed Murphy, Community Development Director; Jerry Offer, Assistant Planner; Catherine Wheatley, Deputy City Recorder; and Randy Wooley, City Engineer. 2. STUDY SESSION: a. Mayor Edwards advised a resolution was submitted to Council concerning the support of House Bill 3398. This proposed legislation would provide for the release of a portion of tax increment financing dollars to reduce tax rates. b. There was brief discussion on the Pac-Trust Engineer's Report included in the packet. It was once again noted that Pac-Trust would be paying for all costs associated with the Engineer's Report. c. Councilor Johnson referred to Council minutes of March 27, wherein Mrs. Ann Turner was to meet with staff concerning a development on a portion of the Cotswald property City Administrator advised the meeting with staff had been cancelled by Mrs. Turner. It was his understanding that she was not interested in rezoning the property at this time. He noted that the neighbors had been meeting with the developers. d. There was discussion on Consent Agenda Item 4.8a and b. City Administrator advised hand-carried material was submitted to Council with regard to the Senior Center bid opening. Staff was recommending the bid be rejected. City Administrator advised that the bid on the parking lot (Agenda Item 4.8b) was being analyzed and staff recommended this be postponed to the May 15, 1989, meeting. e. There was discussion on Agenda Item 4.5 which was to consider the approval of the selection of the Main Street bond project as recommended by the City Center Plan Task Force and the Transportation Advisory Committee. Council consensus was that they did not want to identify the intersection as a project at this time. Council requested staff submit the bridge portion of the Main Street project for Council review as a separate item on May 15, 1989. f. Councilor Johnson noted she would be contacting Jerry Seibold, whose property abuts SW 135th Avenue; Mr. Seibold had asked for landscaping screening in the right-of-way. Councilor Johnson asked for discussion to recall and clarify Council's decision to not plant shrubs at City expense. After discussion, Council consensus was that the City planting of landscaping would be an undesirable precedent because of liability concerns and ongoing maintenance expense. Council would not object if Mr. Seibold planted shrubs at his own expense. Page 1 - COUNCIL MINUTES - MAY 8, 1989 g. Councilor Kasten asked about the bikepath issue as was discussed at a prior meeting. Was there a legal issue concerning bikes and bike paths? City Attorney advised his office would be forwarding a memorandum on this subject soon. h. Councilor Eadon noted problems by the Brennan residents with regard to the Tigard East Development. Problems included animal control (possums); odors from the restaurant; landscaping/buffering shrubs dying; trucks behind the building with motors running during late night/early morning hours; and street sweeping noise. Community Development Director responded to the issues: o Possum Problem - The Code Enforcement Officer had been patrolling the area to determine if there was evidence of a problem with possums. His findings were inconclusive. It was noted the contact agencies for handling animal control problems would be the County Health Department and/or Washington County Animal Control. o Odor Problem - The Building Official had reported the restaurant was properly vented. He suggested installation of a charcoal-activated filter and a device to deflect odors away from the neighborhood might be helpful. The Code does not address odors crossing property lines. o Truck Motors Running During Off-Hours - It would be necessary to contact individual store management. o Dead Landscaping - The Developer had planted six, eight-foot Scotch pines to replace dead vegetation; however, there was still some view of the commercial buildings from the residential area. There was discussion concerning whether the City should now deal with the individual owners of the retail space or with the developer (property owners) . City Attorney advised if there was a violation of the conditions of the development, then it would be appropriate to contact the property owner. Councilor Eadon advised that Mrs. Brennan has noted she may be placing her property for sale because they feel it is unlivable. They may be seeking restitution for loss value of her property. i. City Engineer distributed material for the Washington County MSTIP/2 which may be proposed on the September ballot as a three- to five-year levy request. After discussion, City Council consensus was to not support the MSTIP/2 proposal because the Page 2 - COUNCIL MINUTES - MAY 8, 1989 derived benefit to Tigard residents did not warrant the cost. It was also noted that streets such as Bull Mountain, were not addressed even though concerns had been expressed several times for this area. Councilor Kasten, as Tigard's representative, would convey this consensus statement to the County. j . Councilor Johnson noted concerns with property for sale near the downtown area and potential development proposals which could detract from the goals of the City Center Development Plan. Discussion on the Comprehensive Plan Amendment policy issues followed. Mayor advised he was not in favor of reviewing singular cases, but would be in favor of overall development control in order to assure compatible design. Councilor Eadon noted past problems because the Code was not specific. If the intent was clarified, then issues would not be as arguable. 2. NON-AGENDA: a. Resolution considering support of House Bill 3328. Mayor noted Council discussed House Bill 3398 during their April 24, 1989, Council meeting. Consensus of Council was to review this proposed legislation and consider a resolution of support. b. RESOLUTION NO. 89-33 A RESOLUTION SUPPORTING ADOPTION OF HOUSE BILL 3398 PROVIDING FOR RELEASE OF A PORTION OF TAX INCREMENT BY AN URBAN RENEWAL AGENCY, WITH APPROVAL OF THE MUNICIPALITY, FOR PURPOSES OF REDUCING TAX RATES TO TAXING UNITS WITHIN THE MUNICIPALITY. Motion by Councilor Johnson, seconded by Councilor Kasten, to approve Resolution No. 89-33. The motion was passed by a unanimous vote of Council present. 3. VISITOR'S AGENDA: a. Rachel Hach representing Neighborhood House, Inc. requested a fee waiver on the City's OLCC permit processing for a fund-raising, wine-tasing event. She explained her agency was a charitable organization which was incorporated in 1955. She noted several of the areas in which her agency assisted included senior citizen centers and services to elderly shut-ins. Motion by Councilor Eadon, seconded by Councilor Johnson, to waive the City's OLCC processing fee. The motion was passed by a unanimous vote of Council present. b. Kim Barnes, representing the Tigard Christian Ministries Homeless Shelter requested the waiver of the Conditional Use Permit Fee. The basement of the Tigard Methodist Church was being proposed for use as a homeless shelter. C Page 3 - COUNCIL MINUTES - MAY 8, 1989 Ms. Barnes introduced several supporters from volunteer agencies in the area who were assisting in the establishment of the shelter. After discussion, there was a motion by Councilor Johnson, seconded by Councilor Eadon, to waive the Conditional Use Permit Fee which would represent a contribution to the homeless shelter on behalf of the City of Tigard. The motion was passed by a unanimous vote of Council present. 4. PROCLAMATION - WASHINGTON COUNTY VOLUNTEERS' WEEK a. Mayor proclaimed May 21-27, 1989, as Washington County Volunteer Week in the City of Tigard. 5. CERTIFICATE "IN APPRECIATION" PRESENTED TO CARROLL DIANE LANE a. Ms. Lane was unable to attend the meeting to receive her certificate. Mayor advised of Ms. Lane's efforts which lead directly to the identification and arrest of two armed robbery suspects and commended her actions. 6. CONSENT AGENDA: 6.1 Approve Council Minutes: March 27 and April 3 & 26, 1989 6.2 Receive and File: Council Calendar 6.3 Delegate Certain Authority Responsibility to the Community Development Director - Resolution No. 89-34 6.4 Approve Agreement with Oregon Department of Transportation for the Hall/Durham Traffic Signal - Resolution No. 89-35 6.5 Approve Selection of Main Street Bond Project as Recommended by the City Center Plan Task Force & the Transportation Advisory Committee (Pulled from consideration -- see action below.) 6.6 Appropriate Oregon Dept. of Transportation Grant-Res. No. 89-36 6.7 Appropriate $500 Donation for Use by the Tigard Police Department K-9 Unit - Resolution 89-37 6.8 Recess Council Meeting; Convene Local Contract Review Board (LCRB) Meeting: a) Award Bid - Senior Center Remodeling; b) Approve Contract for City Center Parking Lot Landscaping Improvements; Adjourn LCRB; Reconvene Council Meeting (Pulled from Consent Agenda for separate consideration -- see action below.) Motion by Councilor Johnson, seconded by Councilor Eadon, to approve the Consent Agenda with Item .5 deleted and Item .8 pulled for separate consideration. The motion was approved by a unanimous vote of Council present. (Recess Council Meeting; Convene Local Contract Review Board (LCRB) Meeting) C Page 4 - COUNCIL MINUTES - MAY 8, 1989 Consideration of item .8a and b: Motion by Board Member Councilor Kasten, seconded by Board Member Johnson, to reject the bid on the Senior Citizens Center and to postpone consideration of the Civic Center Parking Lot Landscaping Improvements to May 15, 1989. The motion was approved by a unanimous vote of Board present. (Council Meeting Reconvened) 7. APPEAL PUBLIC HEARING - CONDITIONAL USE CU 89-02 TIGARD ASSEMBLY OF GOD NPO #3 An appeal of the Hearings Officer's denial to allow construction of a 5,327 square foot gymnasium within a residential zone. LOCATION: 11265 S.W. Gaarde Street (WCTM 2S1 3DC, Tax Lot 1000) . ZONE: R-3.5 units per acre) . a. Public hearing was opened. b. There were no declarations or challenges. c. Summation of agenda item was made by Assistant Planner Offer. Staff report included the following: The Policy Issue was whether the Council should approve a Conditional Use application for a gymnasium/multi-purpose room to the Tigard Assembly of God Church and school, thereby reversing the Land Use Hearings Officer's denial of the application. On April 5, 1989, the City's Land Use Hearings Officer denied Conditional Use CU 89-02 requested by the Tigard Assembly of God. The church requested approval of a proposed 5,327 square foot gymnasium addition to its existing church and school located at 11265 S.W. Gaarde Street. Staff had recommended approval of the application subject to certain conditions. The Hearings Officer, however, denied the application upon a finding that Section 13.130.040 (1) (b) of the Community Development Code was not satisfied. Mr. John Annand II, the architect for the proposed addition appealed the Hearings Officer decision on behalf of the Tigard Assembly of God. c. Public Testimony: Proponents o Sandi Tibbetts, Principal of Gaarde Christian School, (personal residence: Rt. 4, Bob 404, Sherwood, Oregon 97140) read a prepared statement. In summary, her testimony included the following: Notation of the school's history. Enrollment of number of students would be restricted due to building code regulations. Gymnasium was compatible with school use of building. Gymm:asium would meet varied needs of students and community. Page 5 - COUNCIL MINUTES - MAY 8, 1989 o Ken Frank, Senior Pastor and Board Chairman, Tigard Assembly of God Church and Gaarde Christian School (Personal Residence: 10734 S.W. River Drive, Tigard, OR 97224) noted he { support for this request in the community. Mr. Frank submitted over 350 signatures of both residents and non-residents registering their strong support to appeal the Hearings Officer decision. Mr. Frank submitted his written testimony for the record (copy has been filed with the meeting material.) o Doug Warren, 5806 S.W. Caraway Court, Portland, OR 97219, noted he was Chief Planner in charge of Current Planning for the City of Portland. He noted his children attended Gaarde Christian School and his wife taught at the school. Mr. Warren's testimony included the following: - He noted criteria which he felt needed to be reviewed by Council. He referred to the Tigard Staff Report which outlined a wide-range of support among City divisions for the gymnasium. - He reviewed the Hearings Officer findings were based on specific elements which included: -- the requirement for adequate area on site for the needs of the proposed use -- adequate area for design treatment to mitigate possible adverse effects from use to surrounding property - He said the Hearings Officer did not adequately address the fact there was more than enough area to provide aesthetic design treatment. This was supported in the Staff Report. - He noted the Hearings Officer emphasized that the multi-purpose building would expand the uses of the building leading to adverse impacts which could not be overcome. He advised the building would be use primarily as a gym; usage would be limited because of building and health codes. He advised this gym would be utilized the same way as other gyms in the area. - He said the Hearings Officer stated that setback requirements were met. Mr. Warren explained the addition would be over 100 feet from the nearest property line which was over three and one-half times the required setback. He advised the Hearings Officer said the building mass would be visually obtrusive and stated with addition would be a 150 percent increase in mass of building. Mr. Warren questioned this calculation. He referred to a drawing of the proposed addition and commented on the visual impacts to adjacent properties. Page 6 - COUNCIL MINUTES - MAY 8, 1989 - He submitted photographs showing houses and vegetation. He contended that landscaping could help mitigate some of the visual obtrusiveness; however, this had been rejected by the Hearings Officer. Mr. Warren asked Council to reverse the Hearings Officer decision and support the conditional use as requested. o John Annand, Architect for the Tigard Assembly of God, 8260 S.W. Hunziker, Tigard, Oregon 97223, referred to drawings on display which depicted the proposed addition. He advised the building would be used as a gymnasium, much the same as other school gyms in Tigard. He said mitigation efforts would be implemented to address neighborhood concerns. o Bob Bledsoe, NPO #3, 11800 S.W. Walnut, Tigard, OR 97223 advised of the NPO discussion on this proposal. He said he represented the minority viewpoint. (The vote on the issue was 2-3 against the proposed addition.) He noted he did not think the visual impact would be a significant problem; conditions on development could mitigate other objections. He recommended a compromise between the neighbors and the church. o Valli Kiehlbach, 11620 S.W. Gallo Avenue, Tigard, Oregon 97223, appealed to Council for favorable consideration of the proposed addition. She advised she works with children in the emergency room of a hospital -- this addition would help by providing a safe place for children to play. Opponents o Dave Klingele, NPO #3, 12900 S.W. 132nd Avenue, Tigard, Oregon 97223 requested the Hearings Officer decision be upheld. Mr. Klingele submitted documents written by the pastor of the church with which he disagreed. (Documents are on file with meeting material.) Mr. Klingele advised the neighborhood has extended enough compromises with the existence of the school. He said single-family livability in the area would be jeopardized if further expansion was allowed. Mr. Klingele noted the 100' setback (Mr. Warren's testimony) consisted of a parking lot and many times during the week, the lot was filled. o Kevin Watkins, 11330 S.W. Viewmount Court, Tigard, Oregon 97223, noted the adverse visual impact of the proposed addition. He called attention to the two functions of the building; that is, the church and the school. Mr. Watkins noted eleven property owners signed a petition against the conditional use request. He a;,reed with the Hearings Officer's conclusion that there would be no way to mitigate the obtrusiveness of the massive building structure. Mr. Watkins submitted photographs noting the type of camera he used more accurately depicted distances than did Mr. Warren's photographs. Page 7 - COUNCIL MINUTES - MAY 8, 1989 o Dana Barker, 11340 S.W. Viewmount Court, Tigard, Oregon 97223, advised of the changes of use for the subject site over the years. She noted the neighbors have compromised enough. Further expansion would: -adversely affect livability -adversely affect real estate values She also noted there was no way to buffer impacts of the gymnasium to the adjacent homes. o Tom Mitchell, 11300 S.W. Viewmount Court, Tigard, OR 97223 noted the history of the area and increasing negative impacts because of the church property. o Gail Watkins, 11330 S.W. Viewmount Court, Tigard, OR 97223, noted the accommodations and comprises on the part of the neighborhood for the church to date. If the proposed addition was allowed, the increased usage of the facility would further negatively affect the neighborhood. Even if the use was conditioned, it was her understanding the neighbors would be put in the position of monitoring that the conditions were being met by the church. She did not think this was a reasonable expectation of the neighborhood. She supported the Hearings Officer's decision for denial. o Reid Hutchins, 11298 S.W. Viewmount Court, Tigard, OR 97223 noted the neighbors were taxpayers of the City while many of the persons using the church facility lived outside city limits. Impacts of the use of the property were being borne on a daily basis by the neighbors. He noted he supported the Hearings Officer's decision. o Ruth Hardie, 13890 S.W. 114th Avenue, Tigard, OR 97223 noted she recently sold her home in the area. She advised the presence of the church and accompanying activities limited potential buyers and times her home could be shown. She said the neighborhood has compromised enough. Ms. Hardie advised the school was excellent and provided a quality education even though they did not have a gymnasium. o Rich Pearson, 13830 S.W. 114th Avenue, Tigard, OR 97223, noted neighbors were not anti-church, but pro-quality-of-life. He advised the neighbors abide by Declarations oL Conditions and Restrictions which limit activities in the neighborhood to preserve its integrity. He noted problems with the church and commercial garbage pick-up occurring at 3:15 a.m. While the church was not responsible for this problem, they are only part-time residents in the City. It should not be the responsibility of the neighborhood to police the activity on the property. He further noted the church was only one property owner -- all of the adjacent property owners objected to the expanded usage of the property. Page 8 - COUNCIL MINUTES - MAY 8, 1989 o Barbara Spencer, 13900 S.W. 114th Avenue, advised that fences along the church property were not paid for by the church. { o Ray Barker, 11340 S.W. Viewmount Court, Tigard, OR 97223, advised the church knew, when they moved onto the property the limited amount of land available for expansion. There comes a point when an area will no longer support expansion. This property started out as a church and was now supporting a school as well. The neighbors have compromised enough. He supported the Hearings Officer's decision. o Bruce Anderson, 11205 S.W. Gaarde Street, Tigard, OR noted his concerns as a neighbor to the subject property. He said the neighbors have compromised enough; the site should not accommodate any further expansion of use or facilities. He noted concerns with noise mitigation. He advised any conditions proposed, should the expansion be approved, should be enforceable and specific. He said the church has not been a good neighbor and did not feel the children were adequately supervised in the play area. Discussion/Cross Examination o In response to questions from Councilor Johnson, Mr. Frank and Mr. Warren advised the school met square-footage requirements (space required per student) required by the State of Oregon. Mr. Warren's rebuttal remarks included the following: - Because there was no gym, the children played outside whenever the weather allowed. If the gym was built, the number of outdoor playtimes would be cut down thereby lessening the impact to neighbors. - Issues, such as the garbage pick-up times, were not related to the subject of the hearing. - The photographs he submitted were not misleading. - Site usage, if the gym was built, would not increase significantly because of building codes. - Aesthetic treatment of the structure would overcome negative aspects of the gym's appearance. o Kevin Watkins rebuttal remarks included: - Meetings were not arranged as desired between the church and neighborhood. The meeting on May 1 was non-productive. - He disagreed with the remark by the pastor of the church that the neighborhood was a "vocal minority." Page 9 - COUNCIL MINUTES - MAY 8, 1989 - Neighbors would desire a meeting with the church after these proceedings for discussion of common concerns. - He believe the pictures he submitted were more accurate than Mr. Warren's. d. Recommendation by Staff: Community Development Director noted that no new testimony had been submitted which would alter staff's recommendation. He advised the Hearings Officer brought out good points for consideration, but believed impacts could be mitigated through conditional approval thereby meeting established criteria. Staff's recommendation was: Reverse the Hearings Officer's denial by approving the Conditional Use application for the gymnasium/multi-purpose room and direct the staff to prepare a final order. The approval should be conditioned upon the recommended conditions of approval contained in the March 23, 1989, staff report. e. Public Hearing was closed f. Consideration by Council: Council discussion followed and their comments included the issue of the type of use and impacts on the neighborhood. While acknowledging the good works of the church, Council consensus was the usage was too much for too little of area. Further, it was noted the multi-function building would potentially impact the neighborhood with increased noise and (` traffic from 7 a.m. to 10 p.m. Motion by Councilor Johnson, seconded by Councilor Eadon, to uphold the Hearings Officer's decision to deny the Conditional Use as proposed. The motion was approved by a unanimous vote of Council present. 8. PUBLIC HEARING - PUBLIC PEDESTRIAN ACCESS EASEMENT VACATION HEARING - COTSWALD MEADOWS NO. 3 SUBDIVISION Proposed vacation of a public pedestrian access easement within Cotswald Meadows No. 3, a recorded plat in the City of Tigard, Washington County, Oregon. The request was initiated by City Council on March 27, 1989 at the request of adjacent property owners. a. Public Hearing was opened. b. There were no declarations or challenges. c. Summation by Community Development Staff: Development Services Manager explained in staff report that Council initiated vacation request at their March 27, 1989 meeting. C Page 10 - COUNCIL MINUTES - MAY 8, 1989 When Cotswald Meadows No. 3 subdivision was approved, the Planning Commission required a public pedestrian access easement be provided between Lots 107 and 108. The purpose of this easement was to provide access to a commercially zoned property just west of the Cotswald Meadows No. 3 subdivision. At the request of the adjacent property owners, the Planning Commission recently reviewed the original condition and determined the access should be eliminated. The Commission reversed their earlier position based on their finding that adequate access was provided on nearby streets and having an access between those two lots would be disruptive to the adjoining property owners. Utility and public safety providers have reviewed the proposal and have no objections. d. Public Testimony Proponents o Thomas J. Sullivan, Attorney at Law, 12105 S.W. 72nd Avenue, Tigard, Oregon advised he was representing the homeowner. He noted this easement was erroneously required and should be removed. He referred to the Planning Commission's reversal of their earlier decision; they support this request. o Bill Lamers, 13916 S.W. Crist Court, Tigard, Oregon, advised he had submitted a letter to Development Services Manager outlining his concerns with the access easement. He requested the easement be vacated since it would not serve the purpose for which it was originally intended. e. Recommendation by Community Development Staff was that the Council approve the vacation by passing the ordinance as submitted. f. Public Hearing was closed. g. Consideration by Council: ORDINANCE NO. 89-13 AN ORDINANCE VACATING A PUBLIC PEDESTRIAN ACCESS EASEMENT WITHIN COTSWALD MEADOWS NO. 3, A RECORDED SUBDIVISION PLAT, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. h. Motion by Councilor Eadon, seconded by Councilor Kasten, to approve Ordinance No. 89-13. The motion was approved by a unanimous vote of Council present. Page 11 - COUNCIL MINUTES - MAY 8, 1989 9. PUBLIC HEARING - PUBLIC RIGHT-OF-WAY VACATION - PORTION OF SW 66TH AVENUE IN WEST PORTLAND HEIGHTS SUBDIVISION Proposed vacation of a portion of S.W. 66th Avenue within West Portland r Heights, a recorded plat in the City of Tigard, Washington County, Oregon. The request was initiated by City Council on March 27, 1989, at the request of Jim and Cora Corliss. a. Public Hearing was opened. b. There were no declarations or challenges. c. Council consensus was to continue to the Public Hearing to the June 12, 1989 Council meeting, allowing the applicant and the Oregon Department of Transportation time to work through certain unresolved issues. 10. PACTRUST - SINGLE-OWNER LOCAL IMPROVEMENT DISTRICT - RESOLUTION OF INTENT a. RESOLUTION NO. 89-38 A RESOLUTION DECLARING THE INTENT TO FORM A LOCAL IMPROVEMENT DISTRICT TO CONSTRUCT STREET AND UTILITY IMPROVEMENTS ON THE PACIFIC CORPORATE CENTER PROPERTY AND TO HOLD A PUBLIC HEARING, ADOPTING THE PRELIMINARY ENGINEER'S REPORT, AND DIRECTING THAT NOTICE OF THE HEARING BE GIVEN. b. Motion by Councilor Eadon, seconded by Councilor Johnson, to approve Resolution No. 89-38. The motion was approved by a unanimous vote of Council present. 11. NON-AGENDA ITEMS - None. 12. EXECUTIVE SESSION - Cancelled. 13. ADJOURNMENT: 10:10 p.m. Approved by the Tigard City Council on June 26, 1989. Car-414A-4../kX w�e Deputy Recorder - City of Tig ATTEST: - City of r rd Council Presiden cw/9964D C Page 12 - COUNCIL MINUTES - MAY 8, 1989 AGENDA ITEM°N ' '2 = VISITOR'S AGENDAwe ' DATE 5/s/s9 le (Limited to 2 minutes or less, please) Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Administrator prior to the start of the meeting. Thank you. NAME & ADDRESS TOPIC STAFF CONTACTED • ti.�� d tiooL 1 €c e, in-c , r--,f_x_ Le)a.;„„e"- xcal--1 (-- ---?k �C�m "e� Fee.Wakv-e.� .P0.' Qei \, i- _ _ v c�o�A„ k �.�iz GrJ,5//dE/L srzu)Aiz f k/[.�Aitl/S C'GcJB 7-C/22//:/c- //E!/20 �EE / MA (L SereUlEt- / 716612.D.CI-M&I sin 44 Pilaf SIMI Es PEE,wilivEvC . . 721-119w6-Wa"--- /-7=-E_---e /OilUFS ylE/ 1'S1-0/._ Ii (. . I DATE May 8, 1989 I wish to testify before the Tigard City Council on the following item: (Please print the information) C Item Description: ;AGENDA ITEM-N0,5-- ;APPEAL":PUBLIC `•`.HEARING`' 'CONDITIONAL 'USE'CU- 89-02"'TIGARD ASSEMBLY OFGOD- :NP043., .. ************************************* ***************************************** Proponent (For Issue) Opponent (Against Issue) ,g,`4 �' ************************************* **************************************** P. Name, Addressjand Affiliation Name, Address and Affiliation sp.t�d. T -445 tAc � � P � X\ 1,4 -y`-- cK gY'aJV`1+ •'' ✓ L!: am' �j�X-4,4 - 4/ef Q/r XId✓�' r - , 1)®L W a.Y r .e.34. ,17 ti)4 tAkrr< - v i Zohtok R wannot ' 'i -• ^V%/( 1 _j1 INt C) n c9 0 Leckr,,L /UPC> 4 v i ) •= 1:11E2**EirPM4iNfr 6.1 traV ciA.% KkalVJtG'n 4 RICH PH2SdN " ✓ 1 d 6(.3, i, ...___ i! �� 4 a viti y n I /loibS Stu) 6.W/e DATE May 8, 1989 I wish to testify before the Tigard City Council on the following item: (Please print the information) ‘- Item Description: " AGENDA' ITEM .NO.. 6'- PUBLIC rr PEDESTRIAN -ACCESS'<EASEMENT-`VACATION'.HEARING COTSWALD:MEADOWS NO.: 3 SUBDIVISION ******************************************************************************* Proponent (For Issue) Opponent (Against Issue) ******************************************************************************* Name, Address and Affiliation Name, Address and Affiliation 1_ S �. S�1 w r�N - a\ rol .22-16o kis( W.iSba'r12l - c/7213 / 39 L�� s DATE May 8, 1989 I wish to testify before the Tigard City Council on the following item: (Please print the information) Item Description: '' AGENDA ITEM NO. 7 PUBLIC HEARING - PUBLIC RIGHT--OF-WAY:VACATION'- PORTION OF SW 66TH AVENUE IN WEST PORTLAND HEIGHTS SUBDIVISION ************************************* ***************************************** Proponent (For Issue) I Opponent (Against Issue) ************************************* ***************************************** Name, Address and Affiliation Name, Address and Affiliation PLEASE;NOTE: STAFF WILL BE RECOMMENDING CONTINQATION OF PUBLIC HEARING TO THE•JUNE.12, 1989 COUNC.Q. 1NG. 1 1 NoN- /46E-A/61) CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY /- AGENDA OF: May 8, 1989 DATE SUBMITTED: May 3, 1989 l ISSUE/AGENDA TITLE: Resolution PREVIOUS ACTION: Council Discussion Supporting House Bill 3398 on April 24, 1989 j PREPARED BY: Cathy Wheatley, Dep. Rec. DEPT HEAD OK CITY ADMIN 0 /' REQUESTED BY: City Council PO ICY ISSUE INFORMATION SUMMARY Council discussed House Bill 3398 during their April 24, 1989 Council meeting. Consensus of Council was to review this proposed legislation and then consider a resolution of support at their May 8, 1989 meeting. • ALTERNATIVES CONSIDERED 1. Approve the Resolution. 2. Approve the Resolution with amendments. 3. Do not approve the Resolution FISCAL IMPACT SUGGESTED ACTION Approve the attached Resolution. cw/9765D 65th OREGON LEGISLATIVE ASSEMBLY-1989 Regular Session ( • House Bill 3398 Sponsored by Representatives BRIAN, CALOGRI, D. JONES, KEISLING, ROBERTS SUMMARY The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor's brief statement of the essential features of the measure as introduced. Authorizes urban renewal agency, with approval of municipality, to release part of its tax in- crement to taxing units within which it is located for purposes of reducing tax rates of those taxing units. 1 A BILL FOR AN ACT 2 Relating to urban renewal; amending ORS 457.220, 457.440 and 457.460. 3 Be It Enacted by the People of the State of Oregon: 4• SECTION 1. ORS 457.220 is amended to read: 5 457.220. (1) Except for-the provisions of[subsection) subsections (2) and (4) of this section, an 6 urban renewal agency shall carry out the urban renewal plan approved under ORS 457.095. 7 (2) Any substantial change made in the urban renewal plan shall, before being carried out, be 8 approved and recorded in the same manner as the original plan. 9 (3) No land equal to more than 20 percent of the total land area of the original plan shall be 10 added to the urban renewal areas of a plan by amendments. • 11 (4) When the principal and interest on indebtedness to which the portion of taxes is 12 •irrevocably pledged for payment under ORS 457.440 (6) is fully paid, or it is found that ex- 13 isting deposits or amounts that will be deposited in the special fund referred to under ORS 14 457.440 (4) 'are sufficient to fully pay principal and interest on that indebtedness either 15 through direct payment or by payment of principal and interest on bonds or notes issued to 16 finance the indebtedness: 17 (a) A portion of the land included within an urban renewal area may be withdrawn from 18 the urban renewal area by plan amendment; or 19 (b) The urban renewal agency, with the approval of the governing body of the munici- 20 pality, may direct, for the tax year or years indicated in the direction, the assessor to release 21 a portion of the assessed value subject to ORS 457.440 (4) and to add the portion so released 22 to the assessed value included in the certificate, or amended certificate, on file with the 23 county assessor under ORS.457.430 and used to compute the rate percent of.levy for those 24 taxing units in which all or a portion of the urban renewal area is located; or 25 (c) The urban renewal agency, with the approval of the governing body of the munici- 26 pality, may direct, before August 1 of tax year indicated in the direction, the county treas- 27 urer to transfer a portion of the taxes that would otherwise be transferred to the special 28 fund referred to in ORS 457.440 (4) to the unsegregated tax collections account established 29 under ORS 311.385 to be distributed to taxing units in the same proportion as under the 30 percentage distribution formula in effect on the date of the transfer. Upon receipt of a di- 31 rection pursuant to this paragraph, the county treasurer shall immediately notify the county 32 assessor of the amount distributed to each taxing unit and the county assessor shall cause NOTE: Matter in bold face in an amended section is new;matter(italic and bracketed] is existing law to be omitted. 1113 3398 1 that amount to be offset against the levy of the taxing unit for the tax year indicated in the 2 direction in order that there be a reduction in the taxing unit rate of levy; or 3 (d) The urban renewal agency may give notice to the assessor as provided under ORS 4 457A50 (2). 5 SECTION 2. ORS 457.440 is amended to read: 6 457.440. (1)(a) Subject to paragraph (b) of this subsection, during the period specified in ORS 7 457.450, the county assessor shall compute the rate percentof levy for each taxing body in which 8 all or part of the urban renewal arca is located in the manner provided by ORS 310.090, except that 9 the assessed valuation to be divided into the total amount of money proposed to be raised by the 10 taxing body shall not include that part of the assessed value attributable to any increase in the true 11 cash value of the property located in the urban renewal area, or portion thereof, over the true cash 12 values specified in the certificate or amendment to the certificate prepared by the assessor under 13 ORS 457.430. 14 (b) If the assessor has received direction under ORS 457.220 (4)(b), the assessed value IS specified in the certificate or amendment to the certificate shall be increased by the amount 16 of assessed value indicated by the directive so given for purposes of computing the taxing 17 unit rate of levy under paragraph (a) of this subsection. 18 (2) The rate percent determined under subsection (1) of this section for the taxing body shall 19 be extended by the assessor on the county assessment roll for that year against the entire assessed 20 valuation of all the taxable property in the taxing body including the increase, if any, in true cash 21 value of property located in the urban renewal area or portion thereof exceeding the value specified 22 in the certificate or amendment thereto filed under ORS 457.430, plus any addition under para- '23 graph (b) of subsection(1) of this section,although such increased value or valuation attributable 24 thereto was not included in computing the rate percent of levy. 25 (3) That portion of the taxes produced by the rate upon which the tax is levied each year by 26 or for each of the taxing bodies upon the true cash value of the taxable property in the urban re- 27 newal area, or part thereof, specified in the certificate or amendment to certificate filed under ORS 28 457.430, plus any addition under paragraph (b) of subsection (1) of this section, shall be alto- 29 cated to and when collected shall be paid into the funds of the respective taxing bodies in the same 30 manner as taxes by or for said taxing bodies on all other property are paid. 31 (4) That portion of the taxes representing the levy against the increase, if any, in true cash 32 value of property located in the urban renewal area, or part thereof, over the true cash value 33 specified in the certificate or amendment to the certificate filed under ORS 457.430, plus any 34 amount added under paragraph (b) of subsection (1) of this section, shall, after collection by 35 the tax collector, be paid into a special fund of the agency and shall be used to pay the principal 36 and interest on indebtedness incurred by the agency to finance or refinance the carrying out of the 37 urban renewal plan or may be transferred in part to the unsegregated tax collections account 38 for distribution as provided under ORS 457.220 (4)(c). 39 (5) Unless and until the total true cash value of the taxable property in an urban renewal area 40 exceeds the total true cash value specified in the certificate or amendment to certificate filed under 41 ORS 457.430, all of the taxes levied and collected upon the taxable property in such urban renewal 42 area shall be paid into the funds of the respective taxing bodies. 43 (6) The agency may incur indebtedness, including obtaining loans and advances in carrying out 44 the urban renewal plan, and the portion of taxes received under subsection (4) of this section may [21 HB 3398 1 be irrevocably pledged for the payment of principal of and interest on such indebtedness. 2 SECTION 3. ORS 457.460 is amended to read: 3 457.460. (1) An agency shall, by August 1 of each year, prepare a statement containing: 4 (a) The amount of money actually received during the preceding fiscal year under ORS 457.440 5 (4) and from indebtedness incurred under ORS 457.440 (6); 6 (b) The purposes and amounts for which any money received under ORS 457.440 (4) and from 7 indebtedness incurred under ORS 457.440 (6) were expended during the preceding fiscal year; 8 (c) An estimate of moneys to be received during the current fiscal year under ORS 457.440 (4) 9 and from indebtedness incurred under ORS 457.440 (6); 10 (d) A budget setting forth the purposes and estimated amounts for which the moneys which have 11 been or will be received under ORS 457.440 (4), including the purposes and estimated amounts 12 to be transferred under ORS 457.220 (4)(b) or (c), and from indebtedness incurred under ORS 13 457.440 (6) arc to be expended during the current fiscal year; and 14 (e) An analysis of the impact, if any, of carrying out the urban renewal plan as affected, if 15 applicable, by any transfers under ORS 457.220 (4)(b) or (c) on the tax rate for the preceding 16 year for all taxing bodies included under ORS 457.430. 17 (2) The statement required by subsection (1) of this section shall be filed with the governing 18 body of the municipality and notice shall be published that the statement has been prepared and is 19 on file with the municipality and the agency and the information contained in the statement is 20 available to all interested persons. 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'1= • i1• 1 •-1 1 i. •1 i j I 1 1 1 1 ii 1 1r.-.i h•-•-•-- j. 1 i 11 1 • i I i j• ! y Yt k.Agr 25 v, S [ r-U,•'S ( Ti card Christian Ministries Shelter Volunteer Churches Tigard United Methodist St. Anthony's Chatholic Calvin Presbyterian Tigard Fri ends St. James' s Episcopal Christ the King Lutheran Tigard Christian Hall Blvd. Baptist First Baptist Metzger United Methodist Tigard Church of God Tigard Assembly of God Living Savior Lutheran - Tualatin St. Francis - Sherwood Business' providing donations PacWest Plumbing - Hillsboro NW Door - Tigard Lumbermans Chrisman Construction - Tigard Rural Electric - Beaverton Four Seasons Heating & Airconditioning - Portland Organizations providing donations Sunnyside-Centenary United Methodist Wilsonville Community Sharing WCCAO Tigard Playschool Tigard Times Luke-Dorf St. Vincent DePaul Bluebirds - Tigard Boy Scouts/Eagle Scouts - Tigard Tigard School District King City Lions Club Tigard Lions Club Fish - Tigard Twality Jr. High Honor Society Tigard High Key Club Several donations have been received from anonymous donors. C VIS( i7 S C(1471A-tSQ 5/81�y C Request for Waiver of Processing Fee for a Special Event — Retail Wine Sales. Neighborhood House, Inc. hereby requests a waiver of the fee for a Wine Tasting Event:.to be held on May 21 , 1989, from 7:00 p.m. to 10:00 p.m. at 11959 S.W. Pacific Highway, Tigard Oregon. This waiver is requested as provided for in Tigard Municipal Code 3.32.070. By or Neighborrfob d House, In C C CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: May 6, 1989 DATE SUBMITTED: April 28, 1989 .� c ISSUE/AGENDA TITLE: Proclaim PREVIOUS ACTION: None Washington County Volunteer Week • PREPARED BY: Marcha K. Hunt • DEPT HEAD OK CITY ADMIN OK REQUESTED BY: WCCAO _____�� `• J� �" POL CY ISSUE Should the City of Tigard join other cities in Washington County in proclaiming the fourth week in May (May 21-27) as Washington County Volunteer Week? INFORMATION SUMMARY Nationally, volunteers are recognized in the month of April. Establishment of a tradition that is separate from the national one would allow agencies to focus attention specifically on volunteer efforts in Washington County. Observation of the Washington County Week would not preclude any recognition or participation in the National Week. ALTERNATIVES CONSIDERED 1. Proclaim May 21-27 Washington County Volunteer Week. 2. Deny the request and observe only the National Week in April. FISCAL IMPACT None known. SUGGESTED ACTION Proclaim the fourth week in May, May 21-27, Washington County Volunteer Week in the City of Tigard. mh9694D �cecoo o ccco y, 2— 5 . ' ,r. �JS.t 7;.ifit!"'.1{ 1,1n}t,"h.'^ , f/ wail�,+RdA I �+'r',, teJ% .L1"; .,17,I Jj- i$tY vt4s:4. 7 s ' i 0,4,11--agog, rococcooc000ec000cec000•— c t aa9' -. fiV D .t 2 SS �.a..�� S 1 b n t !i �S�"ra%y d ,i �! , -r :"� •.• •5. h.aa;w ;,'m?, h•1 t,/„' s,t7."„ , '". 3„ , ,,,„4,g, a"_'a'; .1-1,;:.‹,: ,,,`:.,?'3 `, c t rl . 4 r^ .,k. ..0.,6.'' '.7-J, ''' 9s1,;•a .N.%•fr rv, _"r2;' 1 T a i5•:;tiT 1 ;£„-moi?,. �G kv,•' WASHINGTON COUNTY VOLUNTEER WEEK I' AMP.• May 21-27, 1989 aiii�' - ' li '' 1f; � WHEREAS, volunteers in Washington County contribute over %"` ' �I 100,000 hours of service annually; -'2 �<V' br c ',r'-'''� `ti y; and :ALS-jyAk` WHEREAS, the City of Tigard benefits from more than 15,000 t-'; 1/4.-� zc.: ."..,' hours of service contributed annually by its volunteers; and 0*--- :7,11 , WHEREAS, the City of Tigard recognizes that it is impossible ft 111 i'''"A".4 to place a monetary value on the hours of service contributed 14.7.-PS-o• by its volunteers; andvp 0. w�, �i r1+ _�..e WHEREAS, the City of Tigard further recognizes that the ����"� :; City's volunteers provide a tremendous service to its ""^' =- "47.:`' "'- citizens; and 2 .� ct WHEREAS, the Tigard City Council wishes at this time to * Fh single out and honor each of its volunteers in this special _. !F - , c, way. I:(pie ; _ • ""t NOW, THEREFORE, BE IT RESOLVED that I, Gerald Edwards, Mayor ,�, r: �- mow, }. .f"-00,t of the City of Tigard, hereby proclaim the week of May 21-27, .45",,,,,L= :1.4010k1989 as Washington County Volunteer Week in the City of IPz ,_.... a. ^¢,q Tigard, and encourage all citizens to join in this _ z, d ` observance. 1 :v,�1� • 4 r',f>r Gerald Edwards, Mayor7::.'" {' --*%;. .•-••• City of Tigard r - Attest: ' - Deputy City Recorder Cr-�2 � C ft a ' 2+ y,. ` ,t 2\.,�'� c G, + ,z '1 •# . e i p [ ,. .;.1 , „:„.4, ,s, ....., ,>c:::,,,r t � , , t f 1 � ;.{f SCS : tf• , t iia tA'�f '`N�4' (' ,' n. ,,, ,` Date jT�yllff t?� ,.,y.(,� ��n�ir' A/P.. .aaw,1 Oda -fes S///td1 _ Gey-e.rcd� 3.a, CITYOF TIGARD MAY 3, 1989 Sir: On April 4th, 1989 and April 6th, 1989, armed robberies occured at two Tigard businesess, Star Market and Hancock Fabrics. These robberies both involved a victim threatened by a firearm and a monetary loss from the cash register. Any cases which involve a potential threat to life are of grave importance to Tigard Police Dept. and our community. On April 7th, 1989, Carroll Lane contacted the Tigard Police and advised me of suspect information she had with regard to the identity and addresses of suspects. Carroll Lanes information enabled Tigard Police to expeditiously locate and arrest two armed robbery suspects. I believe Carroll Lane should be commended for her forthright actions, which demonstrate her devotion to our community and-her concern for the safety of others. Carroll Lane has earned the deserving praise of the Tigard Police and the City of Tigard. —Drwin V. Dc� y Detective Tigard Police Dept. 13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 Ced d z 5/ //-q - �tsz rn 3.a. //////T;ii I CITY OF TIEA RD OREGON MAY 3, 1989 Sir: On April 4th, 1989 and April 6th, 1989, armed robberies occured at two Tigard businesess, Star Market and Hancock Fabrics. These robberies both involved a victim threatened by a firearm and a monetary loss from the cash register. Any cases which involve a potential threat to life are of grave importance to Tigard Police Dept. and our community. On April 7th, 1989, Carroll Lane contacted the Tigard Police and • advised me of suspect information she had with regard to the identity and addresses of suspects. Carroll Lanes information enabled Tigard Police to expeditiously locate and arrest two armed robbery suspects. I believe Carroll Lane should be commended for her forthright actions, which demonstrate her devotion to our community and-her concern for • the safety of others. Carroll Lane has earned the deserving praise of the Tigard Police and the City of Tigard. ctfully S "t rws.n V. ny iv Detective Tigard Police Dept. 13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 I ,. A CITY OF TIGARD MEMORANDUM May 4, 1989 OREGON TO: Ms. Carroll Lane FROM: Mr. Patrick Reilly, Acting Chief of Police SUBJECT: Letter of Appreciation On April 7th, 1989, at about 10:00 am, you provided information to the Tigard Police Department. This information resulted in the arrest of 2 Armed Robbery suspects and the clearance of 3 Armed Robbery cases. Your dedication to civic duty stands as an example to all. With this level of devotion by the citizens of this community, the criminal element will be brought to justice. Sincer 0.'"e-- Age° !atrick Reil, Y .cting Chie of Police (. 13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 I \U'�. \, .rt %ICY.•!. . ' p:. / r:::w Y.. .`c,-'•v Nn � i :iR . ,::_i-.. .l . :r Y 6l tr+iri r%3%'.,i,: :yi a}.. ...� i r ti% • 1�e,.3 st ,4:0::'•':,''::..4.$,•,•, ^` ' �r. a a,�F Yri •-,yiii� !t ti� y"/�'r i� tti, f r r a rt 1 tt ..t1 4 -[ v tNit IV - i ttiu /:t r MII! r Y rV I�t_1 f d •x• r �I'Ya i:,41 V3t1' \ a4trrrieag'(:"°''..�� .."5 /- i %.. - uf;.•_''' v a1 � ,ts-sI°;lxl, f_` !,,(s i s .S'.- -,-_,4;%;*;,,,r : �V/�1i' t--V-q �rV'-".-..,::',..-;-•,'."-.-'-..”4.47-1.-c:-.'..:9 Li - •� 1...4 =.�L 1;..fits r r �C: � 14.i.r-� _�, 1' -�� •1•1.t.e �L.r._ .lama. r r. _ I. 0•' < r' • 1 \ -) ' 'r /.v.i.S*' 'Is%.,7azi v' #ffe vlir P P r r r t a t 11.. 4 TR # ..)r5),:ii-:,:.,..,.:125.:',.?....:4.:,\.., ,,,.,...,,, ,..,___,....„. N. -, ''.::::t ..;'?":1';':.:. ' ' Q �-9-14:SttlIP 74,446.‘;''Pl . } ra<a ter: % .::„ ...7,,,:„ . ,:„..,,,.....: ',. 7., LLL/ ' rL .:t4 -_1-g. ;.i.EA Prr ,sruirii -0 u . , , .:,,,,,, ...„:::,.., \,...„,..,..,..,..„...„,,,,,...,.,„7„,,._.., ,,,,,, .,,,:,,,, ,k:',,F ' //..r."0:_�,.' ; ' CARROLL DIANE LANE i� I ` < \s�{t ! ! , t. :S-1.-.4'.i; \::f 1`,....e....,: st..„, ,... .:04' or „,„... ....,„5., ,........„.:......,„,... ,, .,.,„.,. ,,,v ,„:,, 1 'f,;(6 .i /0, .r, ;w i INFORMATION PROVIDED TO TIGARD POLICE LEAD DIRECTLY TO THE •=•\ t >�1 i3 t»i;. •t= IDENTIFICATION AND ARREST OF TWO ARME) `i'BERY SL'S,%'CTS s:? t,.. .,.\ i 1 Al __111111111111Fir -.' "I' gisit..%:::::%%\ 5.( .�~�' `' c'i v.-$ c'2�r '% t t j -e! m t i s f o r ;'�; �� a .�. r%ter ����• ti ` !:10:,...-(s� `4, ,\i.,,, -,;r . 440/..1`` .,Iw,.r _,_ r`. rn „iiiii/_. ,iiiii .,/, 4.4 I /1 .c4:2.: I * ca—;,I rA ice` -^ Y' l!� 4,r.', }i(iF Ilir .,- ��:.� r.:, �t � Lei jr �l S `'' ��a � �y. 1.1 �,tea'!`fri p,y/ 1(• f l,f.C�.. .,.I.- } ` j� �•Sk ''...- . 1'- 1.,1':::1 X4 -�r`�I1 .c:. �j7� (-c-� _i.•. DGltQh !7 19 9 `yr+ . *i e- Ys—, d, - -,,- _ , • TA . 1-Ay r ,C.:7...i. 'w a r i, i,.0..0..j4 %LS.t,40 4 .:,.-....,_....._,_•'-----•••-'---....„-_-;.:-.4-�. Areiti•t ,J.,/kt� - ' $-- -,114,.'t. (i f'C F i2%W gYsA''gfy tr uvei/R. I`ltfeWsl 1„f7!?AfigOf{f;,' t..: g ttgt•'�IA• . jr .• ,Y,h('; a^E /r Vii:4,,��''^4 •A r r. xiV,t -.�i •+/ v,ii •••.i.:kat,`'' ,Ndi 7�'•.f r A.A iNi /f �' ”; Ut : -�:: Ti a� r••4410jm §::'} P• ''''-'40';',.,`N' '4,i� "'''',%.,./ ^. '‘.,•"0:-..../1‘,"4,71:0'. sy�reno;;�W m 4v..114,0;,":. t, ,�Y/1y,4 2 .7.511,',A, / ,A, t flilir„' u� ei n- .a`;,.,:n'�: " • � .A,1% '� /,, . !i4h.j- t1�;p^ '� s f CITY OF TIGARD, OREGON MEMORANDUM TO: Honorable Mayor and City Council ic April 28, 1989 FROM: Patrick J. Reilly, City Administrato SUBJECT: COUNCIL CALENDAR, May-Dec. 1989 Official Council meetings are marked with an asterisk (*). If generally OK, we can proceed and make specific adjustments in the Monthly Council Calendars. Please note Budget Committee meetings. May '89 *2, Tues Budget Committee (THCR, 7:00 pm) 5, Fri Chamber First Niter *8, Mon Council Business Agenda (6:30/7:30) *9, Tues Budget Committee (THCR, 7:00 pm) 14, Sun Mother's Day *15, Mon Council Study Session (6:30) 16, Tues May Special Election *16, Tues Budget Committee (THCR, 7:00 pm) 17, Wed Legislative Breakfast (Eggs & Issues, Elmer's, 7:15 am) 18, Thurs Interview Police Chief Candidates 20, Sat Tigard Public Library 25th Birthday Celebration (1 pm) *22, Mon Council Business Agenda (6:30/7:30) *23, Tues Budget Committee - if necessary (THCR, 7:00 pm) 29, Mon Memorial Day (City Hall Closed) *31, Wed Volunteer Banquet (Fowler Jr. Hi, 6:30 pm) June '89 *2-4, Fri-Sun Council Workshop, Rippling River 2, Fri Budget summary to Times (publish 6/8) 9, Fri Second notice ad to Times (publish 6/15) *12, Mon Council Business Agenda (6:30/7:30) (Budget Hearing adoption) 14, Wed Flag Day 14, Wed Legislative Breakfast (Eggs & Issues, Elmer's, 7:15 am) *19, Mon Council Study Session (6:30) *26, Mon Council Business Agenda - Budget Hearing & Adoption (6:30/7:30) Council Calendar - Page 1 July '89 4, Tues Independence Day (City Hall Closed) *10, Mon Council Business Agenda (6:30/7:30) *17, Mon Council Study AGenda (6:30) 19, Wed Legislative Breakfast (Eggs & Issues, Elmer's, 7:15 am) 20-21, Thur-Fri Timothy Lake Conference 22, Sat Cruisin' Tigard *24, Mon Council Business Agenda (6:30/7:30) August '89 5, Sat City Employee Picnic *14, Mon Council Business Agenda (6:30/7:30) 16, Wed Legislative Breakfast (Eggs & Issues, Elmer's, 7:15 am) 19, Sat Girl Scout Cleanup of Fanno Creek *21, Mon Council Study Agenda (6:30/7:30) *28, Mon Council Business Agenda (6:30/7:30) September '89 4, Mon Labor Day (City Hall Closed) *11, Mon Council Business Agenda (6:30/7:30) *18, Mon Council Study Agenda (6:30) 20, Wed Legislative Breakfast (Eggs & Issues, Elmer's, 7:15 am) 24-28, Sat-Thurs ICMA Conference *25, Mon Council Business Agenda (6:30/7:30) October '89 *9, Mon Council Business Agenda (6:30/7:30) *16, Mon Council Study AGenda (6:30) 18, Wed Legislative Breakfast (Eggs & Issues, Elmer's, 7:15 am) *23, Mon Council Business Agenda (6:30/7:30) 31, Tues Halloween November '89 *13, Mon Council Business Agenda (6:30/7:30) 15, Wed Legislative Breakfast (Eggs & Issues, Elmer's, 7:15 am) *20, Mon Council Study Agenda (6:30) 23-24, Thurs-Fri Thanksgiving Holiday (City Hall Closed) *27, Mon Council Business Agenda (6:30/7:30) December '89 *11, Mon Council Business Agenda (6:30/7:30) *18, Mon Council Business Agenda (6:30/7:30) 20, Wed Legislative Breakfast (Eggs & Issues, Elmer's, 7:15 am) 25, Mon Christmas Holiday (City Hall Closed) mh0028a Council Calendar - Page 2 4, 3 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: May 8, 1989 DATE SUBMITTED: April 19, 1989 ISSUE/AGENDA TITLE: Resolution PREVIOUS ACTION: Resolution No. 86-120 delegating certain authority- responsibili ,y to the C.D. Direc .r �. PREPARED BY: Enp_aeering DEPT HEAD 0takJ REQUESTED BY: Community Development . " CITY ADMIN OK- 1r POL Y ISSUE Should Council delegate its authority to make final acceptance of public improvements constructed by private developers? INFORMATION SUMMARY 1. In an endeavor to streamline City administrative procedures, the Council enacted Resolution No. 86-120 (copy attached) empowering the C.D. Director and the City Engineer to administer private development construction compliance agreements in its behalf. 2. Within said Resolution, the Council reserved unto itself authority to make final determination of the acceptability of newly constructed (private developer) improvements, for the purpose of operation and maintenance responsibility assumption. 3. This proposed Resolution, if enacted, would delegate acceptance authority to the C.D. Director thus, eliminating a (largely) administrative act of the Council, since the fact is that any project or facility which is documented by a construction compliance agreement is one that was mandated to be improved to an acceptable public standard for the purpose of City assumption of responsibility. Staff certification of acceptability is and will remain unchanged. The only difference in procedure would be that the C.D. Director would act to formally accept the improvements rather than the Council. ALTERNATIVES CONSIDERED 1. Do not enact the proposed Resolution; 2. Deletage final acceptance to the City Administrator; 3. Delegate final acceptance to Community Development Director. FISCAL IMPACT Savings in both staff and Council time, the former in preparation of formal Resolution documents lsphe er in Council agenda space; d also, savings in in paper,, materials, and printing supplies and official document filing space. _ _________________________ SUGGESTED ACTION Pass the Resolution titled: A RESOLUTION DELEGATING AUTHORITY WITH RESPECT TO FINAL ACCEPTANCE OF (PRIVATE DEVELOPMENT) PUBLIC IMPROVEMENTS. br/9526D 11 • / 3. I CITY OF TIGARD, OREGON RESOLUTION NO. 86- /PO A RESOLUTION DELEGATING AUTHORITY WITH RESPECT TO CERTAIN PUBLIC IMPROVEMENT CONSTRUCTION AGREEMENTS/PERMITS AND RELATED PERFORMANCE AND MAINTENANCE ASSURANCE AGREEMENTS. WHEREAS, the Tigard City Council previously established that specific Agreement and Permit requirements be met prior to issuance of certain public improvement plans, prior to approval of final plats and prior to acceptance of related public improvements, said requirements having been set forth in Chapter 18 of the Tigard Municipal Code; and WHEREAS, the Tigard City Council has concluded that it is in the best interest of all affected parties that streamlining- of the aforesaid Agreement and Permit requirement process is necessary, it being a goal of the Council to improve the City's administrative process; and WHEREAS, the Tigard City Council has authority to delegate responsibility to facilitate conduct of its municipal affairs, reserving unto itself authority to intervene in,- modify, or revoke such at any time; NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1: The Director of Community Development or the City Engineer be and are hereby authorized and directed to assume the Council's usual authority and responsibility in entering into, administering, and terminating Public Improvement Construction Agreements/Permits and related Performance and Maintenance Assurance Agreements relevant to Chapter 18 of the Tigard Municipal Code. Section 2: The Tigard City Council reserves unto itself authority to intervene in, modify, or desolve such authorization and direction at any time it so deems it to be necessary. Section 3: The Tigard City Council reserves unto itself authority to make final determination of the acceptability of newly constructed public improvements, for the purpose of operation and maintenance thereof by the City. PASSED: This /3 day of ('-__)(-77'. , 1986. ,Ma City of Tigard ATTEST: L 2 ODt c,J cting City Recorder - City of Tigard mj 32 RESOLUTION NO. 86- I?CO Page 1 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: May 8, 1989 DATE SUBMITTED: April 27, 1989 ISSUE/AGENDA TITLE: ODOT Agreement PREVIOUS ACTION: for Hall/Durham Signal DEPT HEAD O /1CITY ADMIN OK ����' REQ STEDPREPDBBY: Randall Wooley /%�y ''LILY ISSUE Approval of Agreement for traffic signal at Hall/Durham INFORMATION SUMMARY The Street Bond provides funding for improvements to Durham Road, including traffic signal installation at the Hall/Durham intersection. Since Hall is a State highway, the signal must be installed and operated by the State. The attached agreement provides for the State to install 'the signal at City expense. The Fire District will pay the costs of installing equipment needed to provide signal preemption for fire trucks. Attached is a resolution that will authorize the Mayor to sign the agreement with the State. NOTE: ODOT estimates that the signal can be operational by spring of next year. ALTERNATIVES CONSIDERED 1. Approve the resolution authorizing the Mayor to sign the agreement. 2. Request that ODOT amend the agreement. FISCAL IMPACT The estimated cost of the signal is approximately $100,000 and is included in the Street Bond funding for Durham Road. SUGGESTED ACTION • Staff recommends approval of the attached resolution. dj/ODOT-SS.RW r APPROVED: OSHD STAFF EDM:bkw 3/21/89 Rev. 4/3/89 Misc. Contracts & Agreements No. 9718 COOPERATIVE IMPROVEMENT AGREEMENT TRAFFIC SIGNAL & ILLUMINATION PROJECT THIS AGREEMENT is made and entered into by and between the STATE OF OREGON, acting by and through its Department of Transportation, Highway Division, hereinafter referred to as "State", and the City of Tigard, a municipal corporation of the State of Oregon, acting by and through its Elected Officials, hereinafter referred to as "City", and Tualatin Valley Fire & Rescue, a political subdivision of the State of Oregon, acting by and through its Officers, hereinafter referred to as "District". WITNESSETH RECITALS 1. For the purpose of providing an acceptable traffic circulation pattern on public highways and roads the State, City, and the District plan and propose to install traffic control signal equipment and illumination and fire preemption devices on the Beaverton-Tualatin Highway at the intersection of Durham Road, hereinafter referred to as "project". The project will be financed 100 percent by City and District with no expense to State. The location of the project is approximately as shown on the sketch map attached hereto, marked Exhibit A, and by this reference made a part hereof. 2. By the authority granted in ORS 810.210, State is authorized to determine the character or type of traffic control signals to be used and to place or erect them upon State highways at places where State deems necessary for the safe and expeditious control of traffic. No traffic control signals shall be erected or maintained upon any State highway by any authority other than State, except with its written approval . 3. By the authority granted in ORS 366.425, as amended by Chapter 365, Oregon Laws, 1979, State may accept deposits of money, or an irrevocable letter of credit, from any person, firm, or corporation for the performance of work on any public highway within the State. When any money or a letter is deposited, the State shall proceed with the project. Money so deposited shall be disbursed for the purpose for which it was deposited. 4. By the authority granted in ORS 366.770 and 366.775, the State may enter into cooperative agreements with cities for the performance of work on certain types of improvement projects with allocation of costs on terms and conditions mutually agreeable to the contracting parties. • .' NOW, THEREFORE, the premises being in general as stated in the foregoing RECITALS, it is agreed by and between the parties hereto as follows: STATE OBLIGATIONS 1. State shall , at City expense, identify and obtain or issue the required permits, arrange for relocation or adjustment of any conflicting• utility facilities lying within jurisdiction of State, perform design work required to produce plans, specifications and cost estimates for the traffic signals and illumination, advertise for bid proposals, award all contracts, and furnish all construction engineering, material testing, technical inspection and project manager services for administration of the contract. 2. State shall , upon completion of construction, retain complete jurisdiction and control of the timing established for operation of the traffic signals, and maintain the traffic signals at State expense. 3. State shall , upon completion of construction, maintain the illumination and pay 25 percent of the said maintenance and power costs. 4. State shall compile accurate cost accounting records and furnish City with an itemized statement of actual cost at the end of each month. When the actual total engineering cost of the project has been computed, the State will furnish the City with an itemized statement of such final costs, including any contingency items attributable to the project. The City may request a statement of costs to date at any time by submitting a written request to State. CITY OBLIGATIONS 1. City shall , upon execution of the agreement forward to State an advance deposit of $5,000, such amount being equal to the estimated cost of State-provided preliminary engineering. 2. City shall , prior to bid advertising, forward to State an advance deposit in an amount equal to 100 percent of the estimated total cost of construction for the project, excluding fire preemption devices. No work shall commence until said advance deposit has been received by State. Upon completion of the project and receipt from State of an itemized statement of the actual total cost of the project, City shall pay any amount which, when—aged to City's advance deposits, will equal 100 percent of the City's share of the actual total project cost including contin- gencies. Any portion of said advance deposits which is in excess of the total actual cost will be refunded or released to City. 3. City shall conduct the required field surveys and provide State with a 1"=20' vicinity map to be used for traffic signal and illumination design. C 4. City shall , in accordance with the 1984 Policy Statement for Cooperative Traffic Control Projectslpay ifori75,5 percent of the maintenance and electrical power costs for -2- • - 5. City shall , in accordance with the 1984 Policy Statement for Cooperative Traffic Control Projects, pay 100 percent of the electrical power costs for the signals. 6. City shall maintain the asphaltic concrete pavement surrounding the vehicle detector loops installed in the City streets in such a manner as to provide adequate protection for said detector loops, and shall adequately maintain the pavement markings and signing installed in accordance with the plans and specifications. 7. City shall provide at no cost to the State the right- of-way descriptions and the right-of-way and permanent ease- ments for installation and maintenance of the traffic signal equipment, required for this project, including detector loops. 8. City shall enter into and execute this agreement during a duly authorized session of its City Council . DISTRICT OBLIGATIONS 1. District shall , prior to bid advertising, forward to State an advance deposit in an amount equal to 100 percent of the estimated total cost of fire preemption devices for the project. No work shall commence until said advance deposit has been received by State. Upon completion of the project and receipt from State of an itemized statement of the District's share of the total cost of the project, District shall pay any amount which, when added to District's advance deposits, will equal 100 percent of the District's share of total project costs including contingencies. Any portion of said advance deposits which is in excess of the District's share of the total actual cost will be refunded or released to District. 2. District shall be responsible for furnishing and installing all preemption equipment on emergency vehicles operated by the District. The District shall allow only vehicles which are under its direct control to be equipped with emergency vehicle preemption devices. The District shall be responsible for the maintenance of all preemption equipment installed on vehicles under its direct control . 3. District shall pay for the replacement of all preemption equipment which becomes obsolete and for which replacement parts are no longer available. GENERAL PROVISIONS 1. State, City, and District agree and understand that mutual approval of the traffic signal and illumination plans and estimates will be conducted prior to selection of a contractor. Subject to the limitations of the Oregon Constitution and statutes, the City, State, and District each shall be solely responsible for any loss • or injury caused to other parties arising from the City's, State's, or District's own acts or omissions under this agreement and the City, State, -3- • C" , or District shall defend, hold harmless, and indemnify the other parties of this agreement with respect to any claims, litigation, or liability arising from the City's, State's, or District's own acts or omissions under this agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of the day and year hereinafter written. This project was approved by the State Highway Engineer on under delegated authority from the Oregon Transportation Commission (paragraph No. 20) . The Oregon Transportation Commission, by a duly adopted delegation order, authorized the State Highway Engineer to sign this agreement for and on behalf of the Commission. Said authority is set forth in the Minutes of the Oregon Transportation Commission. APPROVAL ME !- e AO STATE OF OREGON, by and through its Department of Transportation, Highway By �� ,,,:;;A4%.-1:::--- Division '-gio ng) By APPROVED AS TO State Highway Engineer 1 LEGAL SUFFICIENCY Date By � Asst. Attorney General THE CIT 00F cf'•D, by and through Date its E -, S 'fi ials By P9" / /Mayor Date TUALATIN VALLEY FIRE & RESCUE, by and through its Board of Directors By By Date • -4- mi --cl _t LI--' 1 ^� c° j J`` �t. . it e'�Tv� / ��•� i :C: __i �...... Ffl, i L. t 1111.1.110 , ! 7•1 ...,,,, 1 .17. L.t.g1S...rist5 int91 \1 i 1 'ITN% •'•••••%L.......„....../ . ....-- -.. .........., =7• .•'... I ••-• Ei - Ili Kama ma••• .... 1••• ;— riir, ' , _t_:_,,f- [____L__4-ia ________, ,..1 , ........,----;1M0 U�=�� a P R0J EC T • '1� , .....-- ): 4 a '4 vIrTI ilill-N ii...,-- 0------<--------„i -,,,,,,,, ,... .., , :,.,_:! . , _,...„.... ...:. . , IF i,_ ........ ,• .,„ ,„ , m ..„, ,. ,,,,,,, f, r,-„-,`' Il . • — 1 aI . tcx.•�/ e..�•I I 1 ? V o' 1 / (o...... : a ie • • L Y � /' 6)O �/ 11 9 $ a irf =-� 1 +>w .. tom,._. •�.0 �_�1 7. i•lec7e—Li. 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LLA .,.... :,,,,,_ IP-Jo g.00 I(y� i----A TIGARD A , ) -I - " 1 --------..... ....._ 1 : 1 \\ „-------___-.10' .. .. �� , t ��� ,��, KING CITY - �' ' .0"° / °' ...• ��\= - WASHINGTON COUNTY, OREGON ~-- ; -----`�71. 1. :ICI � �: incl�� ,r' firM•°.o••-:J1 _ J �>GI i i -�� G PREPARED EY THE c,..--....1 z n^ _ _'�L, / `.1,,,,,_...4� -• OREGON STATE HIGHWAY DIVISION -���' apppp•. Q:_% 1 :cy���� IN COOPERATION WITH • I• /j :�1 /w� j ! J U.S. DEPARTMENT OF TRANSPORTATION )) ` , •• j� I FEDERAL HIGHWAY ADMINISTRATION SCALE • ( 0 2000 4000 6000 FEET February 1985 • 0 600 1200 1800 METERS F"--1 £. 4LBTA i LI, _ CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: May 8, 1989 DATE SUBMITTED: ISSUE/AGENDA TITLE: Selection ofPREVIOUS ACTION: Main Street Improvement Project or Street Bond -ding / PREPARED BY: Randall R. Wooley DEPT HEAD •A CITY ADMIN O 1(7 REQUESTED BY: P LICY ISSUE Selection of the specific Main Street improvements to be funded under the Street Bond. INFORMATION SUMMARY The Street Bond Measure approved by the voters last fall included $700,000 for Main Street access and intersection improvements. In the City Center Development Plan submitted to the City Council by the City Center Plan Task Force, it is recommended that the Bond Funds be used for replacement of the Main Street Bridge over Fanno Creek and for improvements to the existing Main/Burnham intersection. The Transportation Advisory Committee, at their meeting of April 13, 1989, concurred with this recommendation and suggested the following priorities for use of the funding: 1. The first priority would be to fully fund replacement of the Main Street Bridge. The new bridge would be designed to comply with the City Center Development Plan and with the Storm Drainage Master Plan for Fanno Creek. The design would also be coordinated with proposed park improvements for the area next to Fanno Creek. 2. Any remaining funds would be used to improve the Main/Burnham intersection. In our initial estimates, it appears that the funding would be adequate to purchase and raze the existing tavern building at the intersection and to provide some limited interim street improvements to improve traffic capacity and sight distance at the intersection. If the selected projects are acceptable to the Council, staff will proceed with selection of a consultant team for design of the new bridge and will begin property acquisition procedures for the tavern building. We would then expect the construction of both the bridge and the intersection improvements to occur next summer. ALTERNATIVES CONSIDERED 1. Approve the project selection as recommended by the City Center Plan Task Force and the Transportation Advisory Committee. 2. Amend the committee recommendations. 3. Postpone selection of the specific projects. 4 FISCAL IMPACT Funding is authorized under the street improvement bond. SUGGESTED ACTION Staff recommends that Council, by motion, approve the project selection as recommended by the Transportation Advisory Committee. dj/SS-MSIP.RW 1• C C CITY OF TIGARD, OREGON COUNCIL AGENDA :ITEM SUMMARY AGENDA OF: May 8, 1989 DATE SUBMITTED: April 18, 1989 ISSUE/AGENDA TITLE: Appropriation of PREVIOUS ACTION: February 22, 1989 Oregon Department of Trans+ortati. Grant ,,1 PREPARED BY: Don Palmer DEPT HEAD OK ITY ADMIN 0)0r472 REQUESTED BY: Randy Wooley PO ICY ISSUE Shall City Council exercise its authority to appropriate grant money for a specific purpose. INFORMATION SUMMARY The City Council approved on February 22, 1989, an agreement with Oregon Department of Transportation to share in the costs of a bikeway on McDonald Street. The State will pay 80 percent of the project or $24,800. A portion of the grant funds have been received from the State. In order to comply with local budget law, it is necessary to recognize the grant funds as revenue and to appropriate the funds in the Capital Projects program. ----------------- ALTERNATIVES CONSIDERED 1. Approve the resolution authorizing the appropriation of the grant funds. 2. Do not approve the resolution. FISCAL IMPACT No fiscal impact because the increase in appropriation is offset by increase in revenue. SUGGESTED ACTION Staff recommends approval of this resolution. cw/9638D 1 L,r CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: May 8, 1989 DATE SUBMITTED: April 24, 1989 ISSUE/AGENDA _1ITLE: Recognition and PREVIOUS ACTION: Appropriation of Donation 1 PREPARED BY: Don Palmer DEPT HEAD OK CITY ADMIN OK /r` REQUESTED BY: Wayne Lowry POLICY ISSUE ORS 294.326(2) allows the governing body to appropriate unanticipated funds donated for a specific purpose after passing a resolution authorizing the expenditure of the funds. Shall the City Council appropriate a $500 donation for use by the Tigard Police Department I<-9 unit as specified by the donor? ------------- INFORMATION SUMMARYThe City City received a donation in the amount of $500. The donors requested that the money be used to purchase items for the Tigard Policy Department K-9 unit. ORS 294.326 authorizes the governing body to recognize such a donation and to appropriate the funds for the specific purpose. ALTERNATIVES CONSIDERED 1. Approve a resolution authorizing the appropriation of the donation for ( use by the K-9 unit. 2. Do not approve the resolution. FISCAL IMPACT Provides an additional $500 to the K-9 unit. SUGGESTED ACTION Staff recommends approval of this resolution. cp/9654D a . CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: May 8, 1989 DATE SUBMITTED: May 4, 1989 ISSUE/AGENDA TITLE: Bid Award — REVIOUS ACTION: None Senior Center Remodel . / f. PREPARED BY: Marcha K. Hunt DEPT HEAD OK CITY ADMIN 0 / REQUESTED BY: Patrick J. Reilly pf . P ISSUE Should the City proceed on schedule with its plans to remodel the Senior Center, given the fact that only one contractor has bid to do the work? INFORMATION SUMMARY Only one contractor has responded to the City's request for bid. Attached is a copy of that bid. ALTERNATIVES CONSIDERED 1. Award the bid as submitted. 2. Reject the bid as submitted. FISCAL IMPACT 1. A. Phases A & B: $235,030 B. Phases A, B & C $246,696 C. Phases A, B, C & D $267,662 D. Phases A, B, C, D & E $2.73,820 2. None. SUGGESTED ACTION Reject the bid. Direct staff to examine alternatives, including scope of project and report back to City Council by June 12, 1989. 9784D I -' -'• -54ta.-,..=.rt...v.. cG. 7 s64a 1i.a.`7 -il:- 1" e I . ,�t��4 I ";^�; .. 6l=P laf L.16.1-.1t90 . 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Oi:SLu1J% M(F-�. .=5.-s.=5.-s4 = r ( !• I t i_ ' I L__1 ;L�Q�'� .40 ALTERATIONS & ADDITIONS TO 00300-1 TIGARD SENIOR CENTER 16 MARCH 1989 BID FORM 3 May 1989 , 1989 Patrick J. Reilly, Administrator City of Tigard 13125 S.W. Hall Blvd. Tigard, Oregon 97223 1. The undersigned proposes to furnish all materials and perform all labor necessary to complete all work for the project titled Alterations and Additions to Tigard Senior Center in strict accordance with all requirements of the contract and related documents, dated 16 March 1989 as prepared by Ralph Appleman, Architect, including addenda numbered and dated: e 2-- 1) For Phases "A" & "Lir the sum of y 2) For Phases "A","6" &"C" for the sum of "fes /4/~40 ((- 7/� �/yc.�✓/ ' Dollars ($ q6 IgG. ). 3) For Phases "A","B","C" & "D" for the sum of ie.° H44...#444 �.. %..�_�:... : ....�� !o l a s ($ 247 442.e0 ). 4) For Phases "A "B","C","D" & "E" fo the sum of 77,, �► le 1' X/�/�g i.hol"4"t; --ars ($ 2?3 5.2e) ). 2. Payments for the work are to be made each n crrrCP� per 00800/9.3.1.3 for all work completed, including materials delivered to the site, and approved by the Architect as complying with the Contract Documents. The entire contract amount is to be paid within sixty days after essential completion of the work and after assurance to the Architect that all requirements of the contract have been fulfilled. 3. The undersigned agrees, if awarded the contract, to complete this work within J 70 days after award of the contract, Saturdays, Sundays and whole legal holidays included. 4. The undersigned agrees, if awarded. the contract, to execute and deliver to the Owner a written agreement and a satisfactory Performance Bond in the manner and form prescribed in the Contract Documents. inLERT: . ...LI i MAY 3 3539 t: ALTERATIONS & ADDITIONS TO 00300-2 f, TIGARD SENIOR CENTER BID FORM 16 MARCH 1989 5. SUB-CONTRACTORS UPON WHICH BTHIS STPROPOSAL IS BAASED:SUPHONE # WORK 3 Concrete Supplier , - 3 Concrete Work /4 7A,. _ - _ 5 Reinforcin• Steel Su•plier i.: _ . .•__.. , 6 Laminated Timber Supplier .4 �f� - - - 6 Mil work Fabrication W. -- 2. s_ g 6 Insulation Work - �- - o' Roofin• = - • 8 Wood Doors Su• • ier L. ' di . ;' " - zz : Win•ows Sue. ier .011...... - ! Hardware Su• • ier _SS • y•sum Wa board Work , .,. ' _.� .,9 Wood F oori n• Work / �. i - . 9 Car•etin• arTNIr..�....._,�,_. - = 1 Mechanica Work Mr _ s 16 Electrical Work - t 6. It is further agreed that the bid security furnished by the undersigned, is the measure of liquidated damages which the Owner will ! sustain by the failure of the UndersignedBtodexetuien anded d deliver eays rfthe above named Agreement or in furnishing written notification of the award of the contract to the undersigned: but if this bid proposal not theaccepted orwithin thethirty Undersggnedys fexecutes the time set for the submission of and delivers said Agreement thaand dnrerrequired ddBond the bid security shall be surrendered once tat 7. The Undersigned certifies that this withouthas collusionrwitha and independently and is being submitted without any agreement, understanding, or planned common course action with, any other vendor of materials, supplies, services described in the Invitation to Bid designed to limit independent bidding or competition, a (2) the rcottents slof tthis s Bid have not been communicated by theUndersigned agents to any person not an employee or agent of the Undersigned or its surety on any bond furishewithtththe oBid cand will opennnot gobethe bids. communicated to such personprior Notice of acceptance, or request for aadditional ress set information, may be addressed to the undersigned atthe NOTE: If bidder is a corporation, set efortththeffegal nr name oof ictthe corporation together with the g naturcrs authorized to sign contracts on behalf of the corporation. If bidder J' is a partnership, set forth the name of the artners authorizedmtoosignecontractswith eon a,_ signature of the partner or p behalf of the partnership. ALTERATIONS & ADDITIONS TO 00300-3 TIGARD SENIOR CENTER 16 MARCH 1989 BID FORM 8. The undersigned understands that the Owner reserves the right to reject this bid, but that this bid shall remain open and not be withdrawn for a period of thirty days from the date prescribed for its opening. 9. If written notice of the acceptance of this bid is mailed or delivered to the undersigned within thirty days after the date set for the opening of this bid, or at any other time thereafter before it is withdrawn, the undersigned agrees to execute and deliver to the Owner within ten (10) days after receiving the Contract Forms, an Agreement, Satisfactory Performance and Labor and Materials Payment Bonds each in an amount equal to one hundred percent (100%) of the Contract Sum and proof of insurance coverage, using forms provided therefor by the Owner. The Surety requested to issue the Performance Bond is: Pi r9p1 i ty . necongip of Ma 1 and (Name of-Surety Company) The Undersigned (check one of the following and insert information requested), a. A corporation organized and existing under laws of the State of (11-agnn ; or b. A partnership registered under the laws of the State of ; or c. An individual doing business under an assumed name registered under the laws of the State of AND licensed in accordance with an act for the registration of contractors, and with license number I MAY 3 1939 i:i.�♦ 4 ALTERATIONS & ADDITIONS TO 00300-4 TIGARD SENIOR CENTER 16 MARCH 1989 BID FORM Name of Firm: MICHAEL J. WATT, INC. Tel . 503-238-0866 Address: P.O. Rox 02374 Portland, Oregon 97202 By: Michael J. Watt, President END OF BID FORM 0 q1 MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor & City Council May 2, 1989 FROM: Cathy Wheatley, Deputy Recorder SUBJECT: Council Packet Material - Agenda Item 4.8 for the May 8, 1989 Meeting. Bid openings for the Sr. Citizen Remodeling and the City Center Parking Lot Landscaping Improvements will occur on Wednesday & Thursday, respectively, this week. Recommendations for bid awards will be delivered to City Council prior to the Council meeting. cw CITY OF TIGARD, OREGON ) COUNCIL AGENDA ITEM SUMMARY AGENDA OF: May 8, 1989 DATE SUBMITTED: April 28, 1989 C ISSUE/AGEND• TITLE: Appeal of PREVIOUS ACTION:Denied by Land Use denial of Co' ditional Use CU 89-1 Hearings Officer on April 5, 1989 / PREPARED BY: Jerry OfferrAsst. Planner DEPT HEAD 0:00ITY ADMIN OI / REQUESTED BY: Ed Murphy, Comm. Dev. Dir. r •sLICY ISSUE Should the Council approve a Condi ional Use application for a gymnasium/multi- purpose room addition to the Tigard Assembly of God church and school, thereby reversing the Land Use Hearings Officer's denial of the application? INFORMATION SUMMARY On April 5, 1989, the City's Land Use Hearings Officer denied Conditional Use CU 89-02 requested by the Tigard Assembly of God. The church requested approval of a proposed 5,327 square foot gymnasium addition to its existing church and school located at 11265 SW Gaarde Street. Staff had recommended approval of the application subject to certain conditions, including conditions relating to the operation of the proposed addition. The Hearings Officer, however, denied the application upon a finding that Section 13.130.040 (1) (b) of the Community Development Code (Conditional Use Approval Standards) was not satisfied. That section requires that proposed conditional uses be located on a site with "...adequate area for aesthetic design treatment to mitigate possible adverse effects from the use on surrounding properties and uses." Upon a visit to the site and review of the plans for the project, the Hearings Officer found that the proposed addition, when viewed along with the existing church and school, ".. .would make the site too massive for the neighborhood, dwarfing the surrounding properties and making the church a far too visually intrusive neighbor....the surrounding parking lot is not sufficient to minimize that impact...." The Tigard Assembly of God, through John Annand II - architect of the proposed addition, has appealed this decision. Attached are the Hearings Officer decision; the March 23, 1989, Planning Division staff report; the applicant's proposal; and transcripts of the March 23, 1989, hearing on the application ALTERNATIVES CONSIDERED 1. Affirm the Hearings Officer's denial of the Conditional Use application for the gymnasium addition to the Tigard Assembly of God school. 2. Reverse the Hearings Officer's decision by approving the Tigard Assembly of God's Conditional Use application for constructing a gymnasium addition to the existing school. FISCAL IMPACT None SUGGESTED ACTION Reverse the Hearings Officer's denial by approving the Conditional Use application for the gymnasium/multi-purpose room and direct the staff to prepare a final order. The approval should be conditioned upon the recommended conditions of approval contained in the March 23, 1989, staff report. STAFF REPORT AGENDA ITEM 2. 1 MARCH 23, 1989 - 7:00 P.M. TIGARD HEARINGS OFFICER TIGARD CITY HALL - TOWN HALL 13125 SW HALL BLVD. TIGARD, OREGON 97223 •• • A. FACTS 1. General Information CASE: Conditional Use CU 89-01, Variance V 89-07 REQUEST: To allow construction of a 5,327 square foot gymnasium addition to an existing elementary school and church. Schools are conditional uses in the R-3.5 zone. Also requested is a Variance to allow expanded school use of the 2.5 acre site whereas the Community Development Code requires a minimum 5 acre site for an elementary school, plus one acre for every 100 students. COMPREHENSIVE PLAN DESIGNATION: Low Density Residential • ZONING DESIGNATION: R--3.5 (Residential, 3 .5 units/acre) APPLICANT: John Annand, II OWNER: Tigard Assembly of God 8260 SW Hunziker 11265 Gaarde Street Tigard, OR 972.23 Tigard, OR 97223 LOCATION: 11265 SW Gaarde Street (WCTM 251 3DC, Tax Lot 1000) . 2. Background Information Conditional Use approval for development of the existing church was granted by Washington County prior to annexation of this property in January 1973 . Since that time, the City of Tigard has reviewed several land use applications regarding this property. The Planning Commission on February 20, 1973, approved a Conditional Use request to expand the church including classrooms, a sanctuary, and a recreation center (CU 3-73) . On July 22, 1975, the Commission approved a Site Development Review request to allow expansion of the church's parking lot (SDR 26-75) . The Commission denied a Conditional Use request for an illuminated sign within a residential zone on May 2, 1978 (CU 12-78) . On August 4, 1981, the Commission approved a Conditional Use request to allow placement of a modular classroom unit on the site (CU 8-81) . 3. Vicinity Information The property is bounded by low-lying land zoned R-3.5 (3 .5 units/acre) to the east which contains one single family residence; single family homes to the north and west in an area zoned R-4.5 (4.5 units/acre); and large lot single family residences to the south that are zoned ( R-4.5, R-12 (12 units/acre), and Washington County's R-5 zone (5 units/acre) . STAFF REPORT - CU 89-01 (ASSEMBLY OF GOD) - PAGE 1 i.\\) 4. Site Information and Proposal Description (- The site contains a combination church and school building surrounded by a paved parking lot and abundant landscaping. A separate modular classroom building is located east of the main building. A storage building is located in the northeastern corner of the parking lot. Playground equipment and an open grassy area are on the eastern area of the site. A six—foot tall wooden fence separates the parking area from residences to the north and west. The church requests Conditional Use approval to allow construction of a 5,327 square foot gymnasium/multi—purpose room addition just northeast of the existing main building. The gymnasium would be 30 feet high, approximately the same height as the existing buildings. Siding on the gymnasium would be primarily wood. No new landscaping or parking are proposed. A new bicycle rack will be provided as part of the project. Ten feet of additional right—of—way would be dedicated from the south side of the property along Gaarde Street. The site plan notes that a sidewalk will be constructed by the applicants on the Gaarde Street right—of—way. 5. Agency and NPO Comments The Engineering Division reviewed the proposal and has offered the following comments: 1 . This application is for the addition of a gymnasium to an existing combination church and school. No increased traffic is expected to be generated in the peak hour by this addition. The site fronts onto Gaarde Street, a major collector roadway under the jurisdiction of Washingtn County. Gaarde Street is a paved, two lane roadway with a 3 foot wide, asphaltic concrete path west of the site. The existing right—of—way is 20 feet from the centerline. Half street improvements, typically required by the Cit_• for conditional use applications, should be deferred to a later date because the additional structure will not likely add significantly to the traffic generated by the site. Instead, the Church will be required to execute a non—remonstrance agreement for participation in a future local improvement district to improve Gaarde Street. A sidewalk is recommended to be installed along the site's frontage including a connection to Gaarde Street at 112th Avenue. The site has two existing accesses to Gaarde Street. These accesses are required by the Community Development Code to be paved to a minimum of 24 feet wide to provide 2 way traffic. STAFF REPORT — CU 89-01 (ASSEMBLY OF GOD) — PAGE 2 C 2. The additional gymnasium structure is not proposed to include any bathroom facilities; therefore, an additiunal service is not required. The site is shown to be served by a 6 inch line draining to the existing line located in the drainage swale east of the site. An easement for the private sewer line does not appear on the current assessor's maps. The existing line must cross private property to access the main line. 3. Storm drainage is not shown on the submitted plans. Typically, roof and parking lot drainage must be discharged into the public system without impacting adjacent properties. The site slopes to the east to the drainage swale. The Tigard Water District reviewed the proposal and commented that if showers or restrooms are to be added to the building, a larger water meter may be required. The Water District also commented that the existing fire hydrant located at the southeast corner of SW 112th and Gaarde Street should be adequate for fire protection purposes. The Building Division, Washington Fire District No. 1, PGE, GTE, Northwest Natural Gas, and NPO #3 reviewed the proposal and have offered no comments or objections. No other comments have been received. B. FINDINGS AND CONCLUSIONS Section 18. 130.040 of the Code contains the following general approval criteria for a conditional use: 1. The site size and dimensions provide: a. Adequate area for the needs of the proposed use; and b. Adequate area for aesthetic design treatment to mitigate possible adverse effects from the use on surrounding properties and uses. 2. The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and natural features. 3. All required public facilities have adequate capacity to serve the proposal. 4. The applicable requirements of the zoning district are met except as modified by this Chapter. 5. The supplementary requirements set forth in Chapter 18.114 (SIGNS) and Section 18. 120. 180 (APPROVAL STANDARDS) Site Development Review, if applicable, are met. 6. The use will comply with the applicable policies of the Comprehensive Plan. (7.. STAFF REPORT — CU 89-01 (ASSEMBLY OF GOD) — PAGE 3 (- The proposed gymnasium addition is largely consistent with the above criteria. A variance to the minimum lot size for an elementary school is considered separately below. Minor modifications can be made to the site plan to assure that other Code standards are satisfied. The proposed gymnasium and existing buildings on the site will all satisfy setback standards. The site area provides for sufficient area for landscaping and for physical separation of the gymnasium from adjacent properties so as to avoid possible adverse noise effects from use of the gymnasium upon adjacent properties and uses. Public service providers have not commented that the expanded use of the site would result in public facility capacities being exceeded. The addition should not result in additional demand for parking that cannot be met by the existing 90 parking spaces on the site. Existing numbers of parking spaces greatly exceed parking requirements for both the school and church on the site. The two uses of the site—school and church--will not likely both require parking facilities at the same time and thus can share the parking area rather than each use being required to meet the Community Development Code's parking requirements separately. The addition of a bicycle rack as proposed on the site plan will bring the site into conformance with Code requirements for bicycle parking facilities. The existing parking facilities do not provide for designated handicapped parking spaces as required by the Code as well as by state and federal law. The site plan should be revised to provide for a minimum of two appropriately sized and located handicapped parking spaces. The proposal for expansion of the school use of the site complies with ( applicable Plan policies as follows: 1. Policy 2. 1 . 1 is satisfied because NPO #3 has been informed of the proposal and given an opportunity to comment on the proposal. In addition, notice of the public hearing and the opportunity to comment on the proposal has been sent to nearby property owners. 2. Policies 7. 1.2, 7.3.1, 7.4.4, and 7.6.1 are satisfied because the Engineering Division and reviewing utility providers have not indicated that existing sewer, water, and other utilities have inadequate capacity to serve the proposed enlarged school. 3. Policy 8. 1 .3 will be satisfied upon dedication of additional right-of-way to the public and upon construction of the sidewalk in accordance with the recommended requirements of the City of Tigard Engineering Division. Section 18.130.150 (10)(b) contains the following additional Conditional Use criteria for an elementary school: C STAFF REPORT - CU 89-01 (ASSEMBLY OF GOD) - PAGE 4 1 . Lot Size: a. Preschool or elementary except as provided under subparagraph (3) . Minimum of five (5) usable acres plus • one (1) usable acre for each one hundred (100) students, or major fraction thereof, of the ultimate building capacity. 2. Setbacks: a. The front yard setback shall be a minimum of 30 feet. b. On corner lots and through lots, the setback shall be a minimum of 20 feet on any side facing a street, plus meet visual clearance areas (Chapter 18. 102). c. The side yard setback shall be a minimum of 20 feet. d. The rear yard setback shall be a minimum of 30 feet. As previously stated, the proposed new building and existing buildings satisfy all setback requirements. The proposal does not, however, satisfy the Conditional Use standard for minimum site area for an elementary school. The Code presently requires a site of five usable acres plus one usable acre for every 100 students or major fraction thereof (CDC 18. 130. 150(c)(D)(10)(i). The 2.75 acre site is not adequate for the approximate 200 students of the school based on this Code standard. Tigard School District 237 has previously pointed out that the minimum site area standard that this Code requirement is based upon was dropped by the Oregon Department of Education in 1976 and there is now no state mandated minimum lot area regulation in effect for Oregon's schools. Similar variance requests were granted by the Hearings Officer for the School District's Conditional Use applications for enlargement of Mary Woodward Elementary School (CU 87-02, V 87-15) and Durham Elementary School (CU 88--08, V 88-25) . The City Council has recently approved an amendment to this Community Development Code standard such that there shall be no minimum lot size requirement for schools other that, what is required for the applicable zoning district. That amendment will not be effective until March 30, 1989; therefore, a variance to the current Code standard must be considered. Staff finds that a Variance to the current standard is justified because the criteria for a Variance are satisfied and because of the precedent for varying this standard established by the before-mentioned applications. The purposes of the Plan and Code would not be adversely affected if this variance is granted. No foreseeable impacts upon adjacent uses or properties or upon physical or natural systems resulting solely from the gymnasium are foreseeable if the variance is granted. The extent of variance From the Code requirement is minimal. Staff recommends approval of the requested Variance. STAFF REPORT - CU 89-01 (ASSEMBLY OF GOD) - PAGE 5 As a result of the current application, the Planning Division has received numerous comments regarding the school operations at the site regarding noise, littering, and trespassing. Staff does not believe C that these comments should enter into the City's decision-making for the proposed gymnasium because they are not related to the proposed use. Perhaps, however, the hearing can be used to bring the Church and neighbors together to discuss existing problems and reach agreement on measures to mitigate the impacts of the existing conditional uses on the site. C. RECOMMENDATION The Planning Division recommends approval of Conditional Use CU 89-01 for construction of a gymnasium on the site of the existing Tigard Assembly of God church and school. The gymnasium is considered to be part of the school—a conditional use in the R-3.5 zone. The Planning Division also recommends approval of Variance V 89-07 to allow expanded elementary school use of the property on a site smaller than the minimum lot area required by the Community Development Code. Staff recommends that the approvals be subject to satisfaction to the following conditions related to site improvements: THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS: 1. The site plan shall be revised to provide for a minimum of two appropriately sized and located designated handicapped parking spaces. STAFF CONTACT: Jerry Offer, Planning Division. Phone 639-4171, ext. 315. 2. The applicant shall obtain a facility permit from the Department of Land Use and Transportation of Washington County, to perform work within the right-of-way of Gaarde Street. A copy shall be provided to the City of Tigard Engineering Division prior to issuance of a Public Improvement permit. STAFF CONTACT: John Hagman, City of Tigard Engineering Division. Phone 639-4171, ext. 374. 3. Additional right-of-way shall be dedicated to the Public along the Gaarde Street frontage to increase the right-of-way to 33 feet from the centerline. The description shall be tied to the existing right-of-way centerline. The dedication document shall be on City forms and approved by the Engineering division. Dedication forms and instructions are available from the Engineering division. STAFF CONTACT: John Hagman. 4. An agreement shall be executed by the applicant, on forms provided by the City, which waives the property owner's right to oppose or remonstrate against a future Local Improvement District formed to improve Gaarde Street. STAFF CONTACT: Jon Feigion, Engineering Division. Phone 639-4171, ext. 375. C STAFF REPORT - CU 89-01 (ASSEMBLY OF GOD) - PAGE 6 cf 5. The applicant shall construct a 5 foot wide, concrete sidewalk at the centerline grade of the existing roadway at 22 to 26 feet from centerline. The driveway aprons shall be a minimum of 24 `` feet wide and shall be tapered out to accommodate typical turning ~ movements for vehicles entering and exiting Gaarde Street. Accommodations for storm drainage along Gaarde Street shall also be made. STAFF CONTACT: John Hagman. 6. Driveway cuts shall not be permitted within thirty feet of intersecting right—of—way lines nor within five feet of property lines. STAFF CONTACT: John Hagman. 7. The applicant shall provide for roof and pavement rain drainage to the public stormwater drainage system or by an on—site system designed to prevent runoff onto the adjacent property. STAFF CONTACT: Brad Roast, Building Division. Phone 639-4171, ext. 311 . 8. A 15 foot wide easement or evidence of an existing easement shall be provided for the sanitary sewer service outside the parcel. 9. Five (5) sets of plan and profile public improvement construction plans and one (1) itemized construction cost estimate, stamped by a Registered Professional Civil Engineer, detailing all proposed public improvements shall be submitted to the Engineering division for approval. Two (2) sets of plan and profile plans shall be submitted for preliminary review prior to submittal of final plans. STAFF CONTACT: Gary Alfson, Engineering Division. ff Phone 639-4171, ext. 378. E 10. Construction of proposed public improvements shall not commence until after the Engineering division has approved public improvementplans.lans. The section will require a 100% performance assurance or letter of commitment, an developer—engineer agreement, the payment of a permit fee and a sign installation/streetlight fee. Also, the execution of a street opening permit or construction compliance agreement shall occur prior to, or concurrently with the issuance of approved public improvement plans. STAFF CONTACT: John Hagman. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF AN OCCUPANCY PERMIT. 11. All proposed site improvements shall be installed in accordance with the approved revised site plan and approved public . improvement plans. STAFF CONTACT: Jerry Offer. THE FOLLOWING SHALL BE CONDITIONS OF OPERATION OF THE PROPOSED GYMNASIUM. VIOLATION OF THESE CONDITIONS MAY BE GROUNDS FOR FINES OR REVOCATION OF THE CONDITIONAL USE PERMIT UPON REVIEW BY THE CITY'S CODE ENFORCEMENT HEARINGS OFFICER. • C STAFF REPORT — CU 89-01 (ASSEMBLY OF GOD) — PAGE 7 1 . Use of the gymnasium shall be limited to the Tigard Assembly of God Church and school. Religious assembly and classroom use of the gymnasium is prohibited unless special permission is granted by the Community Development Director. Permission shall be allowed only for a limited duration and only in the instance of temporary inability to use the religious assembly or classroom facilities on the site. 2. Gymnasium operating hours are limited to between 7:30 a.m. and 9:00 p.m. daily. l • � , PREPARED BY: til„, r,, 4 APPROVED BY: A, i,._ rry • erg/ Keith Liden .sis it P;^ er Senior Planner ke/9281D .."'Ap '... -4Fr•-a '0 .st,-..-eo.\-= II imiE *f.: 45' 4' ../Amm pt.. -s. _ ,. dis 1 . v nu ,z2. km n . gamitigni 7 mak, is %assiimmeisiEl C ) AP PIIIIIIMiw 11111nrel MENA 111111111 lop,ciip, ti— .z ,� __,_; INFd!!& . �� I . 51. • Mp� . .. (EIMPlb, : il*i mill ___t. En= EU Ifinliiiiiiiiiiii■„`"4111v E _. !zs Ifij ..'� - . aow _sINN Ng :�� � -IlLU m 1 1 ..- 1E41 Ff: Iilric,,imo. .'W.= .1 , , / , - -l* ' / • • �C .at1r * - - a.M.TA 7r_ pOr IPIE 11A1111111,* -A II ..,,, I s.w. SN . • .la MIMI . _ • A O %r . ,.,-- _ 1 1 1 , ( STAFF REPORT — CU 89-01 (ASSEMBLY OF GOD) — PAGE 8 CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER - BY HEARINGS OFFICER 1. Concerning Case Number(s): CU 89-02 2. Name of Owner: Tigard Assembly of God Name of Applicant: John Annand II 3. Address 8260 SW Hunziker City Tigard, State OR Zip 97223 4. Address of Property: 11265 SW Gaarde Tax Map and Lot No(s).: 2S1 3DC 1000 5. Request: Request to allow construction of a 5,327 square foot gymnasium within a residential zone. ZONE: R-3.5 (Residential, 3.5 units per acre). 6. Action: Approval as requested Approval with conditions X Denial 7. Notice: Notice was published in the newspaper, posted at City Hall, and mailed to: X The applicant and owner(s) X Owners of record within the required distance X The affected Neighborhood Planning Organization X Affected governmental agencies 8. Final Decision: THE DECISION SHALL BE FINAL ON April 17, 1989 UNLESS AN APPEAL IS FILED. The adopted findings of fact, decision, and statement of conditions can be obtained from the Planning Department, Tigard City Hall, 13125 SW Hall, P.O. Box 23397, Tigard, Oregon 97223. 9. Appeal: Any party to the decision may appeal this decision in accordance with 13.32.290(b) and Section 18.32.370 which provides that a written appeal may be filed within 10 days after notice is given and sent. The deadline for filing of an appeal is April 17, 1989 10. Questions: If you have any questions, please call the City of Tigard Planning Department, 639-4171. dj/CU89-02.DJ BEFORE THE HEARINGS OFFICER FOR THE CITY OF TIGARD In the matter of the application ) for a conditional use and variance ) No. CU89-01 and to allow the construction of a ) V89-07 multi-purpose building next to an ) existing church; Tigard Assembly ) of God, applicant ) The above entitled matter came before the hearings officer at the regularly scheduled meeting of March 23, 1989, in the Tigard City Hall, Town Hall Room, in Tigard, Oregon; and The applicant requests conditional use and variance approval to develop a multi-purpose building on property zoned R-3.5 and designated Low Density REsidential, and described as Tax Lot 1000, Map 2S1, Section 3DC, City of Tigard, County of Washington, State of Oregon; and The hearings officer conducted a public hearing on March 23, 1989, at which time testimony, evidence and the planning department staff report were received; and The hearings officer makes the following findings: 1. Section 18.130.040 of the Code contains the following approval criteria for a conditional use: (1) The site size and dimensions provide: (a) Adequate area for the needs of the proposed use; and (b) Adequate area for aesthetic design treatment to mitigate possible adverse effects from the use on surrounding properties and uses. (2) The characteristics of the site are suitable for the proposed use considering size, shape, location, topography 1 • • Cand natural features. (3) . . . . There are other criteria for conditional uses, but the hearings officer does not find it necessary to address them, as the weight of the evidence is that the applicant does not meet the criteria set forth above. 2. The application is for a "gymnasium", but the applicant is actually requesting a "multi-purpose" room, which they want to use in conjunction with church functions, youth ministries, weddings, lectures, etc. , as well as the daytime gymnasium use in conjunction with their school. The hearings officer has considered the actual building use requested, rather than limit the application to the narrower use of "gymnasium" as that word is commonly used in conjunction with schools. 3. The site contains adequate area for the placement of the addition. The hearings officer verified this by walking around the site and viewingthe site from the property lines to the north and west. By adequate, the hearings officer means that the set backs may be met for the proposed building. 4. The issue before the hearings officer is whether there is adequate area to meet criteria (1) (b) and (2) above. The existing structure (with the exception of the mobile classrooms) is a pleasant, although massive church with a classroom wing that extends behind the sanctuary. The surrounding property on the north and west is fully developed with single family residences 2 1 on fairly small lots. The hearings officer looked over the lot line fences to the north and saw fairly shallow backyards which mean that those single family uses have only the setbacks to buffer them from this use. This particular ministry is an active one, with meetings and gatherings on a regular basis aside from the traditional Sunday services. There is no restriction in the City's code for the number enrolled at the school, and the hearings officer noted a well-disciplined, but congested traffic pattern at a noon school pick-up time. If the school was to increase in size, which the City could not control, it would increase the traffic impact on the site and adjacent property as well. While the argument was made at the hearing that the use would tend to contain both the children and the other gatherings in an enclosed area, that does not address the increased noise from the parking area, both from the cars and from the people congregating before they go inside. The applicant also admitted that it wanted to reserve the right to have outside gatherings. It is clear from the applicant's testimony that they anticipate an increase in other activities at the site, some moved from other areas in the community where they are now held, and some generated from within and without their congregation. The City does not require a fixed lot size for conditional uses such as this one, but allows the decision to be made on a case by case basis. The hearings officer finds that this lot (' 3 does not contain adequate area to mitigate the possible adverse effects from the use on surrounding properties and uses. In this particular case, due to the size of the surrounding lots and the nature of the placement of those residences, a more intensive church or school use on this property would adversely affect the surrounding property. In addition, due to the topography of the area, a structure of the size proposed would increase the face (and therefore the perceived mass) of the building facing the property to the north by approximately 150%, and the plans show that mass to be 20-30 feet even closer to the neighbors to the north. The church is by far the biggest structure these neigh- bors can see from their properties; the addition would make the site too massive for the neighborhood, dwarfing the surrounding properties and making the church a far too visually intrusive neighbor. In this particular case, the surrounding parking lot is not sufficient to minimize that impact, even though the set backs have been met. The hearings officer is unable to suggest any design fea- tures which could mitigate that impact, and still give the appli- cant the building size required. The suggestion that the build- ing have the same roof pitch as the main building would not solve that problem, but would simply add additional height to the building. Perimeter landscaping or fencing is not an adequate solution as the shrubs, trees or fencing would have to be so tall that the neighbors would lose significant light, and would simply C 4 have "walled in" their lots in either fences or shrubs. The hearings officer finds that to be an unreasonable solution as it would make those already small backyards even less comfortable. These neighbors should not have to sacrifice the quiet enjoyment of their backyards, so this church may increase its ministries on this site. There is no doubt that the church does good work and serves its congregation well. It is natural that it would like to serve that congregation better. However, zoning and land use laws balance competing uses of land, with each side compromising some. The neighbors have compromised sufficiently in accommodating the church at it's present level. NOW THEREFORE IT IS HEREBY ORDERED that CU 89-01 be and hereby is denied. The hearings officer makes no finding regard- ing V 89-07 as it is ooted by the denial of CU 89-01. DATED this ice' day of April, 1989. HE ' NGS.O 'I ER, APPROVED gE - -+ • - � 1re i 5 r TRANSCRIPT CU 89—O1,V89-07 TIGARD ASSEMBLY OF GOD MARCH 24, 1989 Beth Mason Okay, I'm going to call the meeting to order. This is March 23, 1989 at 7:00 p.m. . We're in the Town Hall Room for the City of Tigard, this is the time and place set for the Hearing officer Agenda. My name is Beth Mason, I'm the Hearings Officer for the City. At the table with me is Jerry Offer who is the planning staff representative for the City. We have one item on our agenda this evening, that's conditional use application CU 89-02. It's an application by the Tigard Assembly of God for two things; 1) is a conditional use to allow the construction of approximately a 5000 square foot gymnasium and 2) for a variance from the minimum lot size to allow an expanded school use of the 2-1/2 acre site. We will be following the procedure that's found on the blue handout that was on the table as you walked in. If there weren't sufficient copies for everyone to have a copy, please share them among your neighbors. There will be an opportunity for everyone to speak but let me tell r you now that . . . . that if this hearing goes beyond 10:00 p.m. , then I will continue it because my mind nor my other end doesn't function past 10:00 p.m. , so I just stop at 10:00 p.m. , and will continue it another night. If that's necessary, I'll announce tonight when the continued hearing date will be, so no one will need to have an additional notice. Okay, let me open the hearing . . . . let me state for the record that I've had no ex—party contacts with anyone regarding this application, that is to say I've spoken with no one about this application outside of this hearing room, nor have I visited the site for some time. I note from the staff report that apparently I approved an earlier use on this property many years ago, but that has been some years ago when I haven't been out there since. Okay, could I have the staff report? HEARINGS OFFICER This is a conditional use application for expansion of the school use at the Tigard Assembly of God, church and school on Gaarde Street included in the request is a request for a variance to allow a smaller lot size for a Cschool than is presently required by the code. The code requires a five acre TRANSCRIPT CU 89-01/V 89-07 PAGE 1 minimum site plus one acre additional for every 100 students. The property was annexed to the City in 1973. Prior to that time, Washington County had approved the development of the church and the school on the site as a conditional use. Since that time, the City has reviewed several land use applications involving the property. Most notably, an expansion proposal in February of 1973, which included expansion of the church's classrooms, sanctuary, and a recreation center, which I don't believe was built. Also, in 1981, the planning commission approved a conditional use request to allow placement of a modular classroom unit on the site. The property is in an area that is generally designated and developed for single family residential use, there are a number of different zones surrounding the property. The site presently contains a school and church building, as well as modular classrooms. The site . . . . I believe is about 3-1/2 acres and . . . . the site plans . . . . is here, Gaarde Street, the top the existing church is here and the modular classroom are there with parking surrounding the church building. The proposed addition would be built immediately adjacent to the . . . . the church and school building and would be located in an area that is presently a landscaped area. The parking area would not be disturbed by the construction of the gymnasium, there would be no loss of parking spaces. The site planning includes some minor improvements to the site, it would include construction of a five foot wide sidewalk on the Gaarde Street frontage of the site and would include . . . . installing a bicycle parking rack for the use of the school and church. That is, based on a community development code standard that requires bicycle parking for uses such as this. The staff has reviewed the proposal against the general conditional use criteria and has found that it complies with all criteria that the site is adequate for the needs of the posed use, that the sides and the dimensions are adequate, that the proposed use would meet all set back requirements of the zone and alio all additional set back requirements applicable to both churches and schools . . . . public service providers have been contacted about the proposal, they have all submitted comments saying that . . . . required public facilities have adequate capacity to serve the expanded use and all other basic code requirements are met with the exception of the site not meeting the minimum site size standard. The . . . . code also . . . . requires . . . . has some specific requirements for churches and school uses and these deal with lot sizes and set backs. The proposed building and ( existing buildings meet all of those requirements for either church or school TRANSCRIPT CU 89-01/V 89-07 PAGE 2 and the staff decided that this was most closely aligned with the school operations, so we analyzed it as an addition to the school use on the site, ( but it meets all of those basic standards except for the minimum lot size requirement. The minimum lot size requirement was based upon a State of Oregon requirement state statutes that require one . . . . required a five acre minimum site for an elementary school plus one additional acre for every 100 students. The state dropped that requirement several years ago and the City had not taken action to remove that requirement from the code, but in recent years, the hearings officer has approved similar requests for Mary Woodward School and Durham Elementary School to allow them to expand despite their not meeting that standard. The City Council has recently approved an amendment to the Community Development code that would eliminate that standard for a minimum site size for an elementary school. That recent City Council action to remove that standard does not take affect until March 31, so therefore, we still need to consider that variance request as part of . . . . of this application. The staff feels that the variance is justified . . . . we felt that precedent had been set in the prior cases. We felt that there would not be any adverse affects if the variance is granted. We do not see that the proposal for the gymnasium is being done to expand school or church use on the / site. It is not being done to increase the number of students at the school or the capacity of the church and so we felt that there was no additional affects that would require additional site size at this time. We therefore found that the proposal complied with all code requirements and complied with the standards or a variance and we recommend approval of both. We recommend that the approval be subject to several conditions. The site plan should be revised to provide for two appropriately sized and located handicap parking spaces, that is a code requirement that has not been satisfied. There is presently no handicap parking spaces provided on the site. The staff also suggests that the approval should be conditioned upon dedication of additional right—of--way along Gaarde Street to 33 feet from the center line to provide area for future road improvements. We also recommend that the applicant enter into a non—remonstrance agreement, agreeing to participate in a future local improvement district or improvements of Gaarde Street. We also suggest that the applicant construct a five foot wide concrete sidewalk along the Gaarde Street frontage of the church and the site plan has reflected that and . . . . we do propose some conditions related to the operation of the gymnasium that are intended to mitigate some of the potential impacts of the gymnasium use upon TRANSCRIPT CU 89-01/V 89-07 PAGE 3 the neighbors. We suggest that the use of the gym should be limited to gymnasium and multi—purpose uses only and should not be allowed to be used for Cclassroom use . . . . not gym class but to be used for expanding the school by putting desks or typical classroom facilities in there and we also suggest that it not be used as a church sanctuary. We further suggest that use of the gymnasium be limited to Tigard Assembly of God members only and their guests but that it not be able to be rented out to other users and we also recommend that the operating hours for the gymnasium be limited to between 7:30 a.m. and 9:00 p.m. daily, so as to reduce the possible impacts of noise and parking lot lights upon neighbors. Beth Jerry, how many students are allowed at this school at this time? Is that a condition of the prior approval? Jerry Offer No, it is not. It wasn't specified with the prior approval. I believe at the as I look through the notes on the past approval, it noted that there were approximately 225 students at that time and I was told that there were approximately 200 students in the elementary school and daycare at this time. Beth But the City is not imposed to limit on the number of students they can have at that facility? Jerry Offer No, they have not. Beth Has the state through . . . . classroom size? C TRANSCRIPT CU 89-01/V 89-07 PAGE 4 Jerry Offer Not that I am aware of . . . . perhaps there is someone from the school that can answer that question for us . Beth Alright, I' ll open the hearing for questions. This is a time for questions of the staff. If you have any questions about the application, this is the time to ask them. Testimony will be taken later. Questions, something you don't understand about the application, yes sir. (Unidentified person) In the application, includes grading plan, the whole overall thing or just a modification for existing Jerry Offer It involves a site development plan. It does not involve a grading plan or specific details on utilities. It`s a . . . . it kind of falls between a full conditional use application as if we didn't have anything there and a minor modification to a conditional use which can be approved by the staff as an administrative decision without a public hearing. It is of a larger scale than that, so we do have to have the public hearing. Beth yes, maam. (Unidentified person) at Tigard would . We are here on vacation, outside g . . , it be against the code of Oregon to use as a C PAGE 5 TRANSCRIPT CU 89-01/V 69-07 Beth According to this it would. Because it would be if it was not a member of the church . . . . you couldn't rent the facility to someone else or let someone else use the facility. That's the staff recommendation. I'm not bound by the staff recommendation, that's one of the issues that we would discuss tonight. (Unidentified person) But it's very seldom they do Beth More questions? Yes sir. (Unidentified person) . . . . You mentioned a number of suggestions. Will that be obligatory or just hoping to comply with? Beth If . . . . if the application is approve (okay that's the first step), then the conditions of approval that go with the application are then binding on . . . . and they go with the approval, so at any time if those conditions were violated, the code enforcement officer of the City could go out and compel their . . . . that those conditions obeyed. More questions? Okay, lets open the public portion of the . . . . of the hearing. Is the applicant or its representative present? Did you want to make a presentation tonight? Okay, if you would step forward please. Dave Leary My name is Dave Leary and I reside at 10020 SW Johnson Street in Tigard. I'm a member of Tigard Assembly of God Church and my children . . . . I have two children at Gaarde Christian Elementary and I am a member of the building committee that's putting this package together. . . . . for approximately TRANSCRIPT CU 89-01/V 89-07 PAGE 6 19 years, our church has had as part of its ministry, a school and . . . . our children have had a very limited place to play . . . . quite a small multi—purpose room and we have had upwards to 256 children in this school . . . . we are bound by uniformed building code as to the number of children we can have in the facilities. We've never exceeded that number but we have had up to 256 students. The purpose of this gymnasium multi—purpose room is to get our children out of inclement weather and to provide the church a larger area for other church related activities. Those are childrens church which presently takes place on Sunday mornings along with the regular morning service in a smaller multi—purpose room. We are simply asking to be able to build this building . . . . trying to be good neighbors . . . . going along with some of these conditions and requesting changes in others and that is my presentation. Beth Well, I think if you have a suggestion as to which conditions of approval you would like changed, you better tell me now. Dave Leary Okay, the conditions of operation in the last page . . . Beth Lets do it by number. Dave Leary Condition number one . . . . Use of the gymnasium shall be limited to the type Tigard Assembly of God Church and School . . . . Beth I'm sorry, the number one I have doesn't say that. C TRANSCRIPT CU 89-01/V 89-07 PAGE 7 Dave Leary Page eight, number one. Beth Oh, page eight, number. Dave Leary I'm referring to the . . . . conditions of operation. We have no problems with the conditional use, we accept all those and will try to abide by those. . . . . The . . . . I'd like to review it . . . . the building is named gymnasium multi—purpose building and our . . . . we would like to use the building as a gymnasium for our students during regular school hours and one hour before and two hours after . . . . and we would like to use . . . . this structure . . . . for a supervised play area during recess and after school, two hours and before school, one hour. . . . . We'd like to use the facility for a childrens church service, which . . . . which is a religious service, which presently takes place ( in our multi—purpose room. We would like to switch that to the new facility, it's approximately 50 to 80 children, it takes place from 9:45 a.m. , till 12:00 p.m. , on Sundays (Sunday mornings) . . . . we would like to use the facility for childrens programs on Wednesday evening. We have programs similar to Boy Scouts and Girl Scouts and would like to use that from 7:00 p.m. , till 8:00 p.m. , on Wednesday evenings, that is a religious service. Like to use the building for our men and womens and childrens church recreation night from approximately 7:00 p.m. , till 10:00 p.m. . on Tuesday evenings, presently. We would like to use if for church socials, approximately one day a month, usually following a morning service, for special church services where the congregation would not meet in the sanctuary but they would meet in the multi—purpose building. We would like to do that three times a year. We do that now in our existing multi—purpose room approximately three times a year. We would like to use it for school fund raisers two times a year, that those will most likely be evening events . . . . and we would like the flexibility if someone from outside of our church would like to use it, such as a lady had said . . . . a wedding reception . . . . or a conference of some sort, we would like to be able to have the flexibility to TRANSCRIPT CU 89-01/V 89-07 PAGE 8 let other folks use that building and that would be on a very restricted basis. It would be in my estimation no more than three times a year. We would like to see the hours of operation tide to the City of Tigard's noise code, the reduction in decibel levels takes place from between 10:00 p.m. , at night and 7:00 a.m. , in the morning and we would like the use of the building tide to those times, otherwise we would like to use the building from 7:00 a.m. , in the morning until 10:00 p.m. , in the evening . . . . and that is our request. Beth Let me make sure I got the entire list. childrens church service 9:45 a.m. , to noon on Sunday, wednesday evening childrens religious services 7:00 p.m. , to 8:00 p.m. , church recreation nights for adults 7:00 p.m. , to 10:00 p.m. , was that Tuesday and Thursday or just Tuesday? Dave Leary We have it on a Tuesday evening now. At . . . . Beth I'm sorry. Dave Leary We have it at a . . . . we've been using Tuality gymnasium for about 13 years on a Tuesday night basis. Beth Special church devices, three times a year, school fund raiser, twice a year, outside people use, three times a year, hours of operation expanded to 7:00 a.m. , to 10:00 p.m. Can I have the list? TRANSCRIPT CU 89-01/V 89-07 PAGE 9 Dave Leary Thank you. Beth Mr. Leary before you, I'm sorry, I do have another question. Part of the reason that staff wrote their recommendation in the way they did is because they perceive that this building was going to be used for your . . . . as an adjunct to your elementary school and not as an adjunct to your church. . . . . Did you indicate otherwise on your application? Dave Leary No, No I didn't and in fact when the City . . . . put this together, they . . . . called the building a gymnasium multi-purpose building, shown on page two under point four and . . . . from a church member standpoint, a multi-purpose building is . . . . is a building that can be used for other than gymnasium classes, it's a play area, it's an area where we have fellowship and meals and wedding receptions, so in my mind the City of Tigard from what they've called the building, was taking that into consideration . . . . so . . . . so we have . . . . we have no problem with . . . . with this proposal as it stands. We . . . . our intent was not to have simply a gymnasium, our intent was to have a gymnasium multi-purpose building as is stated here. Beth You stated in your testimony that you believe that your population, your school population does not exceed the uniform building code limits. Do you know what those limits are? Dave Leary Well, it's based upon the number of bathroom units that we have, urinals, water closets, . . . . sinks and the physical number of bathrooms per student and also the square footage of the . . . . of our plant in relation to the number of students and I don't have those figures but I . . . . but I was involved in the TRANSCRIPT CU 89-01/V 89-07 PAGE 10 1981 conditional use and we at that time were going to exceed the square footage requirements set forth by uniformed building code, so we asked for modular building space and we had 256 students then and we did not exceed the requirements at that time and our school . . . . enrollment has . . . . had dwindled in several years and now it's back on up swing. We anticipate an increase in the number of students next year but we . . . . we will not exceed the limits set forth by uniformed building code. Beth The second half of my question is if you know, . . . . could the square footage of the gymnasium be used to allow you to have a higher population of students? Dave Leary I . . . . I do not know that, I . . . . I would say . . . . I would say not . . . . unless it was considered a class room space . . . . we have a limited number of class rooms that we have designated as class rooms and totaled that square footage up and totaled our bathrooms and really what will limit us . . . . beyond square footage is the number of bathroom facilities that we have and I don't have that information. It is stated in the uniform building code. Beth Do I recall that this facility was to have no additional bathrooms? Dave Leary It . . . . It will not. We will ask for a drinking fountain and . . . . and so our intent is not to increase the square footage in order to increase the number of students, our intent is to put a roof and heat and cooling between our children and the weather. TRANSCRIPT CU 89-01/V 89-07 PAGE 11 Beth (" Well, just a few more people other than your children. Okay, thank you. Is • there anyone else who wishes to speak in favor of this application? In favor. Okay, those in opposition. (Unidentified person) I'll go get the list. Beth Oh, if you want, that's fine. You can state your name please for the record. Kevin Watkins My name is Kevin Watkins, I live at 11330 SW Viewmont Court . . . . our property • is directly north of the church. Beth • You join the property? Kevin Watkins Yes, we do. We share a common fence with the church. There are 11 Mmes that border the church on the north and west side. A number of us (property owners) have reviewed the . . . . in detail the proposal, reviewed the plan and elevation drawing and reviewed the petitioning . . . . applications. It is our position that this is not a desirable feature for our neighborhood and we have collectively signed a petition. We are . . . . I would like to give that to you. Beth Okay, that fine. TRANSCRIPT CU 89-01/V 89-07 PAGE 12 Kevin Watkins I would like to read that from you . . . . read that for you if that's alright. Beth Sure. Kevin Watkins "We the undersigned are all homeowners who live adjacent to the Tigard Assembly of God Church. Our backyards share a common fence with the church. We have reviewed the proposed gymnasium addition and we want to register our strong position of the proposal. The addition of a gymnasium, we are still in the mind that a gymnasium, not a multi—purpose building to the existing church facilities would undoubtedly result in increased noise, traffic, a general commision due to increase gymnasium related functions, and activities. Because of the proximity of our properties to the church property, the liveability of our homes would be degraded and the privacy of our backyards would be decrease. Furthermore, the visual impact of the proposed gymnasium would be significant. First, the proposed structure would be architecturally incompatible with the adjacent church structure. Since this structure would be located only 10 feet apart, the proposed gymnasium would give the appearance of boom town, immediately beyond our backyard fences. Second, because of its size and location, the proposed structure would impair what limited view we currently have and dominate the skyline. The impact of the proposed structure could only result in the decreased as the ability of our homes and consequently the lowering of our property values. We urge you to reject the proposal. Thank you for your consideration. And again, this is signed by all 11 property owners who border the church directly. Beth Okay. TRANSCRIPT CU 89-01/V 89-07 PAGE 13 Kevin Watkins • f- We have some pictures we would like to show you to. Beth Okay, why don't you hand me that . . . . let me mark these as we get them. Kevin Watkins Okay. Beth Let me state first the staff reports been marked Exhibit 1 . Kevin Watkins Okay. y (_ Beth The site plan has been marked Exhibit 2. The . . . . we' ll make that 2a and 2b. The petition that you just referenced, I'll mark as Exhibit 3 and then the pictures . . . . lets group the pictures . . . . Kevin Watkins We have four pictures. Beth Okay. Why don't you hand me the pictures and the petition. Okay, additions marked Exhibit 3, pictures as a group are marked Exhibit 4 a, b, c, and d. Okay. TRANSCRIPT CU 89-01/V 89-07 PAGE 14 Kevin Watkins I would like to review those with you. Beth Okay. Your showing me now Exhibit 4a. Kevin Watkins Okay, this is a wide angle view from our backyard, say it's a wide angle taken with a 35 mm lens gives you an idea of the expanse and how the church is . . . . is located. This is from our kitchen window. This is a normal view taken with a 70 min lens. Beth Exhibit 4b. Kevin Watkins Right. Now you'll see that the structure is proposed to go in right here, 10 feet from the . . . . end of this building right here. It is approximately the same height as the roof, of the crown of this wing right here, so it would be approximately 60 feet wide, that height right there. Beth Okay. Kevin Watkins There is a normal view right there, that's what we would see out of our kitchen window. That's what we see currently, that would be dominated by . . . . by the structure. This is our neighborhood . . . . TRANSCRIPT CU 89-01/V 89-07 PAGE 15 1 Beth Exhibit 4c. Kevin Watkins Right. This is our neighbors, 11340 . . . . SW Viewmont Court, there is the crown of the . . . . of the . . . . south wing of the church by the school right now. The proposed structure is near as I can tell from finalizations is probably a slightly taller than that but at minimum minimum that height and would be 60 feet wide, approximately, stuck right in there. Beth Okay. Kevin Watkins There is the normal view taken with a 7 mm angle. Beth Exhibit 4d. Kevin Watkins If you should approve . . . . Beth Would the gym replace this low brown building that's peaking in this picture? Kevin Watkins No. No. No, this is the multi—purpose . . . . portables or something like that. C TRANSCRIPT CU 89-01/V 89-07 PAGE 16 Beth The modular classrooms. Kevin Watkins Modular classrooms that were approved in 19 . . . . Beth So it would be where in relationship to that, well here I have a . . . . Kevin Watkins Okay. Beth Here's the classroom here. Kevin Watkins Right. Beth Alright. Kevin Watkins Here is the existing classroom and we are right here, our kitchen window looks out approximately here, right here. So, this view . . . . Beth Would be between the . . . TRANSCRIPT CU 89-01/V 89-07 PAGE 17 Kevin Watkins Right, and the 11334 is just farther . . . . farther west. Now we haven't even taken any pictures from the properties down here where the view would be more dramatic cause they . . . . east face of the structure Beth Okay. Thank you. Kevin Watkins Okay, we have some . . . . discussing with any of my neighbors but like I say all of the neighbors are collectively in agreement that this would not be a desirable addition to our neighborhood but I do, if in the event that you do approve this, . . . . condition use application, . . . . I have some mitigation measures that I. would like to see changed. Is now the proper time to enter those? Beth Yes, yes. Kevin Watkins For noise mitigation, I'd like to hours of operation restricted from 7:30 a.m. , to 7:00 p.m. , not 10:00 p.m. , as requested earlier by the gentleman, and like to ensure that the gymnasium, and it's my understanding that its a gymnasium, is to be used for school related functions only, none of this renting it out for whatever. It seems to me that . . . . that flexibility that the gentleman asked for could be a warrant for practically anything and we're just opposed to that like . . . . as you can see from our picture, it's right out our back door and incidentally it's a six foot high fence to give you a ref-erehce in those pictures . . . . and it's for school related functions only and it's operated only on regularly scheduled school days and it seems to me that's reasonable, so if it is a gym, I don't see gym activities going past 7:00 p.m. , at night and I don't see a need for gym activities on not regularly TRANSCRIPT CU 89-01/V 89-07 PAGE 18 scheduled school days. Visual mitigation, I have two proposed measures we would like to have. The school to pay for decorative shrubs along all fencing bordering the church property with requirements for periodic maintenance and trimming and again you'll get appreciation for that from those four pictures. Beth Are you talking about the entire fence line north and west? Kevin Watkins Entire fence line. Beth What about the . . . . Kevin Watkins The west and the north sides. Beth What about the east side? What's on the east side? Kevin Watkins The east side is . . . . goes down to sort of a gulley. There is . . . . it's a drainage ditch is as best as I can. Beth Okay. TRANSCRIPT CU 89-01/V 89-07 PAGE 19 Kevin Watkins And this is real important to me . . . . well there all real important but to me I think this is very critical. A redesign of proposed structure to ensure architectural compatibility with the existing church structure. Existing church structure now is . . . is reasonably . . . . visually appealing, but this proposed structure . . . . it's a flat roof, it's . . . . flush faced, it would . . . . it would . . . . earlier we referenced it as a boom town appearance and it certainly would have that and if you do approve this, condition use, I think it's only reasonable that the structure be redesigned so that it is at least tide in visually with the existing structure and it gives you an idea of the dominance of the existing structure there and the . I think one determined eye sore that the . . . . proposed structure would have, especially in relation to it and thirdly, economic mitigation. I think as project sponsor, the church should fund an independently operated assessment of the economic impact of the construction and operation of the proposed gymnasium on the adjacent 11 properties . . . . and the property owners would be compensated by funds from the church for any decrease in their property values. I can give you a copy of this if you wish. Beth That's fine, I am writing it down. Anything else? Kevin Watkins No. Beth Okay. Thank you. Anyone else wishing to speak in opposition? Yes, sir. C TRANSCRIPT CU 89-01/V 89-07 PAGE 20 Bruce Anderson My name is Bruce Anderson, I live at 11205 SW Gaarde. I reside just east of the church in the gulley that . . . . the earlier gentleman mentioned. We've been there for approximately 24 years. We've been there . . . . years before the church . . . . was built there. Beth You adjoin the property . . . . are you adjoining the church crossing? Bruce Anderson Yes, 220 feet on the east side and also their property comes . . . . wraps around the back of our property for . . . . I think it's 75 feet or something like that. I have some strong feelings about this, but . . . . I don't believe that I totally fit into the opposed category, but I don't fit into the before category either. I guess I'm just very co,icerned. I do believe it's . . . . well I want to try to restrict my comments to the factors, you know, that relate to the gymnasium and I understood that it was a gymnasium also and not a multi—purpose building. I do believe it is relevant to say that the church has not been a good neighbor in the past and I don't think they have complied with the spirit or the letter of some of the past conditional use stipulations. Therefore, I would like to see any recommendations that come out of this hearing to be very specific and enforceable. I . . . . I am concerned with the livability of my property. I got a selfish motive there . . . . no doubt about that. However, I am not necessarily in favor of restraining the churches use of their property. They should be able to do whatever they need to do with their property, so long as it doesn't adversely affect, you know, the adjacent property people. My concerns are noise . . . . proper placement and screening and sound abatement of air conditioning and heating systems . The present system that they have on their modular building is . . . . to me is totally inadequate and we have not been able to, you know, mitigate their affects on our property so naturally I'm concerned that I don't want any increase in things like that. For the same reason, noise, I would prefer that no openings on east side of addition at all . . . . I understand that at the present time, there is proposed to be a double wide access door on the TRANSCRIPT CU 89-01/V 89-07 PAGE 21 east side of the building. If it's not possible to . . . . you know, move that door, say in between the two buildings, I'd like to see a sound screen built f - and also a sound screen that works built in front of the opening to try to stop that noise . . . . and I would also prefer that the use be restricted to weekdays only . . . . in addition to the recommendations that were put there by the City. Another concern I have is run off of water from down spouts. This should be handled properly or some manner to prevent added problems . . . . you know, from the run off water on the lower elevations, which I'm the lower elevation. The current situation . . . . you know, caused by the prior construction . . . . you know, creates plenty of problems on our property already. As to the uses . . . . you know, I understand that . . . . the church is a church and that's used on Sunday. I don't believe that I'd have a problem with the children using the . . . . you know, facilities . . . . from 9:45 a.m. , to 12:00 p.m. , on Sunday. I am opposed to the evening stuff at 7:00 p.m. , to 8:00 p.m. , and . . . . the other evening activities of 7:00 p.m. , to 10:00 p.m. I also am opposed to the renting out or other uses of the facilities . . . . I just think that sometimes things get a little loud and . . . . maybe I'm overly concerned and see the bad side of everything but I think that could be a . . . . you know, problem there or develop to a real problem. I also think that it should be for school use only and not . . . . I would hope not . . . . you know, develope a basketball league or whatever that would be there in the evenings. I'm also a little concerned about the design . . . . however, from my site, the view that I have from our side of the property in my opinion they can't get any worse than the temporary buildings that they have there now. There not appealing at all. I would hate to see . . . . you know, more of the same. I have to agree with the other gentleman that . . . . the original church building . . . . you know, was a nice looking structure, at least to me . . . . eye appealing. The temporary buildings with there flat roof and . . . . I mean there just boxes sitting out there. . . . . Well, there not appealing to me and I don't think they help the value of my property. As I'm a long term resident there and plan to be there at least another 5 or 6 years, I'm not too concerned about the affects of value on my property, but I would like to make the . . . . years that I continue to use that property . . . . you know, appealing to me. If you' ll bare with me, I'm just about done here. I would like to address under these . . . . the following conditions that are proposed by the City, page 6, number 4, about that . . . . the applicant will not oppose any future local improvement districts. Seems like to me that thats a little bit TRANSCRIPT CU 89-01/V 89-07 PAGE 22 11 unamerican if the . . . , you know, use of this property is suitable for that, it seems like they should be allowed to use and not have to give up a . . . you know, right at some future date. On page 7, number 5, it seems like to me that a five foot wide concrete sidewalk is going to be very expensive and . . . . to me I don't see where the numbers of people will be . . . . you know, there to use it. If you have to have a sidewalk there, I would think that . . . . you know, a three foot wide one would be plenty and also, if you require that to be at the same grade level as the street, I think your going to find that your gonna have to remove quite a bit of material to . . . . get that down to that level. Also, at the present time, there is a little bit of grass area out there in front, between the street and the parking area and if you run a five foot sidewalk through the middle of that, your not going to have much greenery out there, then it will be all concrete and all blacktop. Number 7 on the same page . . . . I'm really for that and I hope that when it says here about providing this drainage, if the onsite system is just a drywell, I don't think that's going to handle it. That ground out there is all clay and . . . . it just won't absorb the water and . . . . you know, go down into the water table, it just sits there and then runs off . . . . and then on page 8, item number 1, I'm really . . . . really in favor of that. I think that the . . . . you should be restricted to . . . . you know, the use as a gymnasium. If they need to get the kids inside out of the rain, I'm all for that because . . . . their play area happens to be right outside our kitchen and dining room window and if they move them kids any place, it would be fine. I thank you for baring with me and I hope I haven't been too negative. I am concerned about the livability of our property. Beth Okay. Thank you. (Unidentified person) 298 SW Viewmont Court and like Mr. Anderson I share the gulley on the backside of the church property there . . . . and in fact . . . . my major concern this evening is that . . . . I'm probably the last piece of property on the far end, C TRANSCRIPT CU 89-01/V 89-07 PAGE 23 • the far east side of Viewmont, facing the church through my backyard, but I'm in the process of purchasing another 10,000 square feet from the First Baptist Church across the way that would adjoin the east side of this property and I'm purchasing this property down to the gulley, the bottom of the gulley with the wonderful clay dirt and my biggest concern is the same problem in terms of drainage. The property is very very wet already. We receive all of the water from the entire hillside comes right through my house and backyard at present. If I'm going to do anything to develop that piece of property, which I'm buying it to develop it as a yard, I'm going to need some additional . . . . if there is anymore . . . . anymore usage of the property above, I'm going to be concerned about the drainage problems there. I'm also concerned about the size of the school . . . . I know it's not included in . . . . in the conditional use permit that their asking for, but I'm just concerned that the site of the school doesn't continue to grow. I think . . . . that could also . . . . harm the property values of the property owners that are adjacent and I'm also very concerned regarding any usages such as receptions or other events which might be outside of school activities. I, like the other people who have spoken opposition understood this use be as a gymnasium only. That's really all I have to say other than that I hope will consider these things in making your judgment. Thank you. Beth Thank you Mr. Hutchins. Next. It's probably helpful if you want to speak, I have a full row of empty chairs up front and it will speed things along if we don't have to wait for you to walk up from the back. Dave Klingle My name is Dave Klingle, the chair person with NP03 . . . Beth I'm sorry, your last name again sir. TRANSCRIPT CU 89-01/V 89-07 PAGE 24 Dave Klingle Klingle Beth Klingle Dave Klingle Chair person with NPO3. I am neither a proponent or an opponent to the project. It was brought to my � � attention . I had talked to Jerry that . . . . I felt there was no problem with this going through and then I received some phone calls . . . . quite a few them within a certain amount of time and after talking with three or four of the neighbors and trying to contact with them • the NPO feels that the youth should be . . . . go along with what the City has specified along with the roof pitch to be something similar to , , , the existing homes in that area so that it blends in more with the unit. The other thing was too I feel also that . . . . the church and the neighbors should get together and resolve some of these problems that they have and maybe at a ( later date or if you choose not to . . . . ratify the request . . . . have them get together and work out some viable options between the two. . . . . and that's all I have. Beth Mr. Klingle, I don't want to tell you your business but you would be a wonderful person to facilitate that . . . . through the NPO. I mean that is Dave Klingle e-. I'm aware of that. Beth • Kind of what your there for, so. C PAGE 25 TRANSCRIPT CU 99-01/V 89-07 Dave Klingle Right. Beth Alright. Dave Klingle Thank you. Beth Thank you. Rich Pearson My name is Rich Pearson, I live at 13030 SW 114th Avenue. My home adjoins the church parking lot in the northwest corner. I'm a little concerned about the process involved in this application. I asked Jerry the question if it had been a full application and he said it did not. The letter that we sent were received from the City said that this was a construction of a gymnasium for an existing school . . . . no mention was made of additional church use. That concerns me but . . . . the part that I'm looking at in the City code, Chapter 18, Section 120, says that if there is a major modification to approve plans or existing development, and that can be determined if there is an increase in the floor area proposed for a non—residential use by more than 10 percent, excluding expansions under 5,000 square feet. This expansion is over that so I that is automatically qualifies that as a major expansion of existing conditional use. The code then says that a full site development plan should be filed, that included a grading plan, architectural drawings, landscape plans, sign drawings, and so forth and that's all in Chapter 18, Section 120. Jerry indicated that had not occurred and so I'm concerned that this is kind of falling in the cracks as well as some other things that have occurred in the past under this conditional use plan. One of the things that was mentioned was the 1981 conditional use when they put the modular buildings TRANSCRIPT CU 89-01/V 89-07 PAGE 26 on there. In connection with that, there was considerable site work done in grading. In the process, there were approximately six pine trees that were over 50 feet in height and were at least 12 to 18 inch diameter trunks that were destroyed. They were killed and taken down. Your Chapter 18, Section 120 and Section 130 says that if you have trees having a six inch caliber or greater, shall be preserved or replaced by new plantings of equal character. That has not been done. My concern is that there is no enforcement on these code previsions unless somebody calls the cops on the church, which is real not popular place to be, but . . . . hasn't been done, they haven't been good neighbors in that respect. I enjoyed looking at those trees out of the back east view of our house. There gone, they have not been replaced and I'm concerned that this not degenerate into something like that. Chapter 18, Section 120 also deals with buffering. Buffering has not been provided for either visual or noise buffering. No screening from view. Mr. Anderson mentioned the noise from mechanical devises which are also covered in the code. That screening and buffering was not done to his satisfaction, so I'm concerned that when you add up 5,000 square foot box with a flat roof, that the mechanicals can also cause additional visual and auditory pollution and so I'd encourage you to take a look at those . . . . codes chapter sections, { Chapter 18 and Section 120 and 130. One of the things that I found interesting was that when I researched this, I was not given a copy, perhaps I didn't ask the right questions of all these conditions that the staff proposed be added to this. Mr. Anderson had a copy, I don't. But I can talk to a couple anyway. encourage of those an . I would the conditions on operation of the gym to be limited. Every church that I have been associated with, that has added a gym and that has been several over my lifetime, has experienced a dramatic increase in there youth ministries, to the point that is not unusual to find 150 to 200 teenagers there during week nights. That creates an additional hardship on our neighborhood. The number of cars, kids, and traffic. In addition to the outdoor activities that generally go along with those kinds of programs, really do constitute an additional . . . . deterioration of our living conditions in the neighborhood. One church within 10 miles of this building added a gym and now it is common use for the local high school baseball team to use that gym as indoor hitting practice and fielding practice on days when it's rainy weather. For those kinds of reasons, I would encourage that this will be restricted to their church school use and not as an expansion of their ministry . I'm not sure the neighbor can handle that TRANSCRIPT CU 89-01/V 89-07 PAGE 27 kind of an expansion. One of the other conditions that was proposed by your staff, was that the dedication of additional right—of—way on Gaarde Street. I (- would encourage that you go stronger with that, approximately two years ago the Baptist Church on Gaarde Street, about a quarter of a mile up the hill from this church also did an addition. They required to improve Gaarde Street a half lane worth and put in sidewalks and pave the street. I would encourage this to happen as well. I don't think that they should be treated any differently and expanded use merits the same kind of street improvements and I feel that should be imposed equally and not just haphazardly in spot enforcement on that sort of thing. The . . . . couple of other things here, I would encourage again that the flat roof not be permitted. It is totally inconsistent with the neighborhood, is inconsistent with the existing church structure. Most of the neighborhood buildings have . . . . or all of the neighborhood houses have peak roofs, most in the wood shingles, shakes and not a flat gravel or whatever type of roof would be on that . . . . I'm concerned about lighting. There are standards for lighting. I don't necessarily want a lot more lighting in my backyard . . . . based on the fact that they now have a gym and I would encourage you to make some lighting restrictions as well. . . . . Another aspect, while I realize that is not within the scope of this hearing, is that the church and it was my understanding recently sold three lots to developer that are adjacent in our subdivision. Our subdivision is a restricted subdivision. We're not allowed to put any king of gardens . . . . up for example as a detached single dwelling and there are quite a few restrictions on our subdivision, they . . . . our subdivision. I don't want them to intrude upon that. The lots that they sold to the developer are now, instead of being single family residents, are now going to be adult assisted care living, which is a further impact on our neighborhood to the deterioration, traffic, parking, and all that sort of thing and so I see this as just one more thing within the kind of . . . . helps . . . . somebody mentioned hurting the property values. I'm more concerned with the quality of life. I think the quality of life is going to go down hill with this addition. I would like you to consider all of those things. Beth Thank you Mr. Pearson. Jerry, let me ask you a couple of questions based on who's testimony on the requirements of . . . . CU18120. TRANSCRIPT CU 89-01/V 89-07 PAGE 28 Jerry As far• as the process? Beth Uh—huh (yes) . Jerry Yes, I would like to clarify that. This is a full conditional use application. What I meant is we did not require opening up the entire site plan to scrutiny, the things that are already developed. There is no grading going on other than right at the site of the gymnasium just to flatten that area so there was no need for a grading plan. There are no additional utilities being provided, so there was no need for a utility plan, but as far as process, this is considered a major modification, it is going through the full process with a public hearing, with . . . . meeting all the notice requirements. If it was not a major modification, if it was a minor modification, it would have been an administrative decision and property owners within 250 feet would have received notice after the fact, after the decision was made. So this is a full conditional use hearing. (Unidentified person) I do understand that. But in Chapter 18, Section 130, it says it was a major modification and you go clear back the site development review and the site development review includes all of those elements. Jerry It does include all those elements but we . . . . there is no need . . . . there are no changes in the grading. There are no changes in the parking, there are no changes in the signs required, so we TRANSCRIPT CU 89-01/V 89-07 PAGE 29 ■ (Unidentified person) Okay, I believe . . . . Jerry So we felt that was . . . . a waste of . . . . of time and paper for anyone to be . . . . concerned with and we (Unidentified person) So in 1981 when that same process went through on an administrative basis, we lost significant trees due to the grading process. Okay, our . . . . we were affected on the basis of an administrative decision, that's why I call this to your attention so that we don't let something else affect us inadvertently. Jerry Okay, that was not an administrative process, that was also a quasi—judicial hearing with the planning commission. That was a full conditional use application, just as this is. (Unidentified person) Okay, then the . . . . then the conditions of the conditional use were not followed up on by the City staff. Those trees would have been on the plan, they would had to been on the plan. They are not there now, nothing has been planted to replace them. It's that kind of falling through the cracks that I'm concerned about. Jerry Yah. C TRANSCRIPT CU 89-01/V 89-07 PAGE 30 Beth / Mr. Pearson, I know you expressed a concern about reporting those kind of problems to the code enforcement officer but you have to keep in mind that . . . . that we . . . . I think have one code enforcement officer for the entire City of Tigard and they can't be everywhere and they hope that the citizens of the City will help them and alert them as to any problems that they see. . . . . I don't think it's your call as a neighbor to say this is wrong, I think it's your call to . . . . to say that we have concern about this and then let the code enforcement officer follow-up and make the decision if there is a problem or not. I think that expressing a concern is always appropriate. I think that's distinguished from . . . . you know, pointing your finger at your neighbor and saying they're doing something wrong. You know, I think it's always legitimate to call the City and say, hey, I have a concern, you know, there is this development going in, we lost six huge trees, you know, am I right to be concerned or is . . . . you know is this something that's outside of (Unidentified person) { I . . . . I assumed that because it was part of a building process, there was some kind of ongoing inspection through the completion of the job Beth No. (Unidentified person) That then signed off. I guess I'm in error on that. Beth Not on the land use side. There is on the building side. C TRANSCRIPT CU 89-01/V 89-07 PAGE 31 Terry I don't know how that was handled, . . . . eight years ago, now we do have the planning department go out and check the site after everything has been completed before an occupancy permit is granted and we make sure that all site improvements that were proposed on the plan are completed and make sure that all parking is . . . . is striped as it is suppose to be, we make sure that all landscaping is there. There are times that we do . . . . that . . . . developers do run into problems meeting all conditions or meeting the site plan to the . . . . exactly to the way it is drawn. We sometimes find needs to move trees or find that there are occasions where trees do need to be removed that had not been thought of before that and those kinds of minor modifications to the site plan are allowed to be done as an administrative review and . . . . I don't know what the history is on this particular case, I don' t know what happened eight years ago, perhaps the . . . . at that time there was one planner in the City and they may not have gone out to inspect sites after the developement occurred. (Unidentified person) I'm glad there is this inspection though. Thank you. Beth Okay, thank you. Gail Watkins I'm Gail Watkins and I live at 11330 SW Viewmont Court and my property also is connected. I have . . . . real concern because this is the sixth conditional use process that the church has gone through and they've been turned down once. And my concern mainly is . . . . it's like the trees, they weren't put back and then now we came thinking this is a gym used for school use. All of a sudden, the things that rattled off, boy scouts, church socials, . . . . Sunday morning, three times a year for . . . . you know, whatever, two fund raisers, one outside, I figured out that's an additional, at least, 60 nights minimum a year that this property is used for, where as in here, it's stating that it shouldn't increase the use because it would be used for school and I know they open up TRANSCRIPT CU 89-01/V 89-07 PAGE 32 • at 7:30 a.m. , and then a couple hours after, that would be school use . . . . you know the day care before, day care after, . . . . the recess time, gym time, that's school use. I would rather have it turned down for all reasons mentioned, but I could live with the 7:30 a.m. , to school's out at 3:30 p.m. , you know to 5:30 p.m. , or whatever . . . . I know they have an ending time when the day care kids have to be picked up. That would be at best . . . . you • know that is at least reasonable if your going to okay it, but to start asking till 10:00 p.m. , at night, I mean, . . . . we've got kids . . . . you know and I know that the use . . . . you know and I know that even now there are cars that come by and . . . . around in the parking lot, well that's not the churches fault. I understand that, I'm not blaming them, but I'm saying with the additional cars coming to it in the evening and on these off hours, that just increases the chance . . . . you know and of the noise and as mentioned also that our backyard . . . . we have the trees we have the best protection so the pictures that you have offer the best visual protection out of anybody and so . . . . if it is . . . . if you do agree to do this, I would really urge you to really look at carefully and have in writing and . . . . what hours will it be used and for what purposes because I'm really upset that you come in with a school use and all of a sudden there's this expanded use and I'm afraid if { it's not in writing, there will be no way to hold somebody accountable or what process do we do. Beth Okay, thank you. Next. This is your chance. (Unidentified person) Would you accept a statement for or are you still Beth I'm still doing opposition. Let me see if I have anybody else in opposition and then we' ll get back to rebuttle. Alright. Anyone else in opposition? Okay, I see none. TRANSCRIPT CU 89-01/V 89-07 PAGE 33 • Jerry I have one letter that . . . . I would like to • Beth Okay. Jerry Read into the record if you would like or I can just Beth Let me just mark it as an exhibit. Jerry Okay. Beth We are up to Exhibit 5. The pictures were the last one. This is a letter from Dana Barker and Reldon Barker dated March 17, 1989 . . . . giving those that they strongly oppose the request and they were out of town and unable to testify. . . . . Okay, Exhibit 5 will be received. Alright, anyone else in opposition? Alright, rebuttle. Those of . . . . in favor. Mark Grand land My name is Mark Grandland and . . . . my children attend Gaarde Christian School and have done so for several years and I would just like to attest that Gaarde is an institution of high quality, high morale character . . . . and that it is extremely well managed . . . . I'm very much in the favor of the addition of . . . . this proposal and . . . . of the requested improvement and feel that it would further enhance the school's ability to offer students an up to date facility / supporting the full curriculum. TRANSCRIPT CU 89-•01/V 89-07 PAGE 34 Beth t Okay. Thank Mr. Grandland. Jodi Wilson My name is Jodi Wilson, I'm the P.E. teacher at Gaarde. We have approximately 200 students this year and my class loads go up to about 21 students . . . . some of those classes are fifth and sixth graders. We have a multi—purpose room right now that has a regular ceiling height and we've done wonders keeping those kids fit considering our limited space and we've just been dreaming for this time . . . . I've been there for seven years, I plan to be there till I'm to old to teach. I just . . . . I really urge you to accept this gymnasium plan because it will mean so much to especially the older ones, the younger ones, the pre—school, they do fine in a regular one, but we want to have basketball, we want to have volleyball . . . . we want to have some tennis, we want to have . . . . inside recess places where they can throw balls that sort of thing. Our multi—purpose room right now has a whole wall of windows so there is no . . . . you know we really have to be very careful in that and we want a regular gymnasium so I just wanted to say that. Beth Okay, thank you. Next. John Amon I'm John Amon, I'm the architect working with the church on the project. I'm at 8260 SW Hunziker Road in Tigard. I . . . . have heard some comments on the architecture and I appreciate hearing from the neighbors on it because shirley we want to do something that is compatible with the neighborhood. I would want to ask for that if I was them also. There is two things you deal with when your doing a building. Particularly in addition, one thing which was of a deep concern is that the form conforms to the form of the existing building and I can understand that. The other think is that compatibility of materials and color, the . . . . I'll sort of address the second item first. Initially, the second item . . . . I think that we can acommodate, get closer to the TRANSCRIPT CU 89-01/V 89-07 PAGE 35 materials that is used, the kind of wood siding that in the church now, vertical siding without any problem. We've had to debate whether we were going to masonry or masonry more from a durability standpoint we thought but we ended back in the wood vain, which does fit more with the church. What concerns me is the issue of the flat building and I, as an architect always face this when I'm doing a building that is within a community that is not . . . . lets say a house . . . . when it is a large span building. If I create a pitched roof equal to the residential . . . . pitch, which is about a 4 and 12, • what ends up happening with this particular building is I add about 10 more feet to the . . . . to the roof initially it pitches up and I have 10 feet higher. My major concern was that I would tuck in behind on the downhill side and therefore, not exceed what the existing adjacent portion of the building was . . . . the nature of course a gym as that you have 20 to 24 foot clear inside, so . . . . to pitch the roof I am a bit concerned . . . . now maybe it would be more . . . . acceptable to the neighborhood that the somewhat of a mansard area trim we have around the roof, we do put shakes on that, that would blend in maybe more with the shake roof. Shirley that can be accomplished, but I do think they would be a bit unhappy if I did pitch the roof . . . . and it would just end up just really sticking up there . . . . rather dominantly. Beth Thank you Mr. Amon. Next. Cecil Tibits My name is Cecil Tibits and I'm a past Board Member of the church, currently a member of the congregation and I have been attending the church for a number of years. My wife is also the Director of the school. I just wanted to comment on a few things I think number one, . . . . the church is certainly willing . . . . and is desirous of working out problems with our neighbors if they're brought to us and . . . . we have attempted to do that in the past and certainly will attempt to do it in the future and would be very much interested in the . . . . neighborhood organization setting up such a meeting so that we can deal with any problems that were capable of dealing with. In regard to the trees that were mentioned, I was on the Board when the trees TRANSCRIPT CU 89-01/V 89-07 PAGE 36 were cut down, our Board desired to save those trees very much, we thought they were beautiful . . . . the trees became diseased. I do not believe we lost those trees because of grading for site work for the . . . . for the portables, • there were other reasons involved, it's a little vague with me because it has been eight years but I do recall that we had an expert come out and we were trying to save the trees and we were advised that they were diseased and were dangerous to our neighbors would fall over and so we had them removed because of that. My recollection is at the time and also did discuss that with some people from the City because we were in this problem and . . . . although we didn't make a big deal of it, it was just something we had to take care of. • Couple of other things I wanted to comment on in terms of use of the facility, • certainly . . . . one of the major uses, if not the major use, is for the purpose of the school that the children might have better facilities for their recreation. I might point out that if your talking about noise, that this will help a great deal. Currently, all the activities of the church that involve youngsters, either have to be done in a very small multi-purpose room in terms of low . . . . and so on or have to be done outside on the grounds, so when we don't have an adequate facility for the children to be inside, there . . . . it is noisy outside. That is not confined to the school. We have programs that we have had for years that involve the youth that attend the church and they many times are out in the . . . . in the parking lot . . . . I'm sure they do get noisy. It is our thought that once we have a multi-purpose room gymnasium, that we' ll be able to do activities inside as opposed to outside in the evening hours and it' s our thought that will cut down on noise that bothers our neighbors late at night. We're of the firm belief that there will be less noise because we have a facility for kids to let out their spirits a little bit and be noise a little bit, but inside and in an enclosed area where it doesn't . . . . bother the neighbors and that is our hope there. When we talk about the uses of the building, we engage in many activities as a church now into evening hours and we do not . . . . seize those activities at 9:00 p.m. , those activities many times go later than that, although certainly not till midnight or something, but those activities currently are held in • other portions of the church building, our thought is that some of them might work better in the multi-purpose gymnasium type structure once it' s built. It's not that we're adding a lot of activities, it's that we're saying the activities we're having, let's have them in a facility that works better. When you talk about church socials, we already have them, they occur now, but TRANSCRIPT CU 89-01/V 89-07 PAGE 37 the facilities we use are not ideal for the purpose, obviously if we have gymnasium that we've put a lot of money into building, we'll want to use that as a multi—purpose room when we have those kind of functions. That's not something new that our church will be doing, however, and I want to underscore that, that's something we're doing now and we're just saying that we might use that facility as opposed to other facilities . . . . because it would be more appropriate for what we're doing. The other thing I wanted to address is the size of the school and whether the purpose of this gymnasium is to . . . . cause the school to grow. Our school . . . . we have done a lot of analysis of what we're doing in that school as the service to the community and we believe firmly that what we're providing is an important service to the community. One of the obvious impacts is when we have a private school that is funded by the parents who pay tuition, that is less of a burden on the public schools in the area that would have to be taking care of those students if we weren't. We obviously believe in what we're doing there in providing an education that is high caliber as well as having some of the moral and ethical things that we teach, but . . . . our school as we have examined as a church Board and as a school Board is the best use for our school is . . . . topping out at grade six. At one point, we went through grade eight, so we have actually retrenched in what our target is for the school and we have become firmly convinced that we will never again be able to handle the number of students, which was our peak, which was a few years ago at about 260 . . . . and our facilities with that gym, we will never be able to hit that figure again by our estimation so certainly our purpose is not for the school to grow, but our purpose is for the school as it is constituted to have better facilities so that the children are served better and that we're performing our service more adequately and having that space to use is important. So, it is not just a school use because the church is the . . . . the corporate structure that is involved in all the ministries there. We would intend that all of our ministries that we do that facility would be used in those but I want to underscore that is not that we're expanding . . . . and going to be doing a lot of expanded things, we're saying that since you have the facility and you've paid the bill, that you ought to be able to use it for the functions that your . . . . you know have always existed for your congregation so we do intend to use it in that regard. I just wanted to cover those things. C TRANSCRIPT CU 89-01/V 89-07 PAGE 38 ■ Beth Mr. Tibits, I have a couple of questions when Mr. Leary spoke, he listed a series of activities that he would like to see included. I'd like to review those. The childrens church service is presently in your current facility. • Cecil Tibits Yes. Beth The Wednesday evening religious childrens program is from 7:00 p.m. , to 8:00 p.m. Is that presently in the current facility? Cecil Tibits Yes. Beth The church recreation night, he said was being held at the Tualatin gym. Cecil Tibits night we currently . . . . use the Tuality gymone nght a week. Beth How many adults participate in that on an average? Cecil Tibits I would say about . . . . on an average it would be about 10 to 12. We've had as high as 18 I think and as low as 3 and then we go home because there is not enough to play. C TRANSCRIPT CU 89-01/V 89-07 PAGE 39 Beth Okay. . . . . Special church services three times a year. Cecil Tibits Currently . . . . currently, we have special services . . . . probably that often or more often. We have a special speaker, we had one recently who happened to speak on Monday, Tuesday, Wednesday, so that is not uncommon for us to do currently. Beth Is your sanctuary . . . . will it seat more than this gym would seat? Cecil Tibits . . Our current sanctuary seats at about 300 but usually when we have services, we have the adults there and then the children in other portions of the church, so our maximum capacity now probably exceeds 300 by a substantial ( number. The gymnasium . . . . we haven't targeted it out how many it would seat if you tried to use it for that purpose frankly . . . . that's . . . . it's not the kind of purpose we're contemplating. Beth I'm just talking about these special church services. If your talking about bringing in a speaker. Cecil Tibits Oh, if we were having a speaker and doing something special, we might be able • to go as high as 500 or 450, I haven't . . . . Dave might know that better than I cause I haven't pieced that out. TRANSCRIPT CU 89-01/V 89-07 PAGE 40 Beth Just a second, I have a couple more questions. There was a question about use by outside people restricting it to three times a year, one of the examples was a reception for a non—member wedding, that sort of thing. Is your sanctuary presently used by non—members? Cecil Tibits Yes, we do allow non--members to use the facility and have receptions in our current fellowship hall. Beth And what capacity of a reception can you handle now? Cecil Tibits . . . . I'm . . . . I'd have to say that it's larger than than. I know the weddings that we had, had more than 110 people. My daughters both got married there and I would suspect we had a lot larger group than that. . . . . Oh, I see. Well they were . . . . of course that came through the line, shook our hand and left. Beth Thank you Mr. Tibits. That's all I have. Ken Frank My name is Ken Frank, I live at 10734 SW River Drive, Tinard. I'm the pastor of the church, senior pastor and I just want to point out one thing, maybe which will help clarify in regards to the special services three times a year, that seems to be a question. What we have in mind for that, I' ll give you an example, the Sunday prior to Thanksgiving, we have normally instead of our regular Sunday service, we'll have a thanksgiving dinner for our church family, which will constitute tables and chairs being set up in now our TRANSCRIPT CU 89-01/V 89-07 PAGE 41 fellowship hall, the small multi—purpose room we have and we will each bring thanksgiving foods, turkey, dressing, this and that and have a brief service while we fellowship and food one with another. Problem we are at there is by the time we get tables set up, this and that, there is very little room to even hold that, so what we're looking at is not bringing in special speakers and having 500 or 1000 people in this gym, we're looking at occasionally moving from an inadequate room to a more adequate room for a combination service/pot lunch type thing, those types of things. There may be an occasion where our youth, instead of being in their small room that there in now within our current facilities, where they may hold the youth service out there and do some physical activities along with something, but . . . . occasionally, for example, . . . . one, I've been there three and a half years and one time I believe we have entertained . . . a number of young girls in kind of a christian girl scout program. There is a variety of churches around the Portland area that are involved, they asked if we could hold this one particular meeting on a Saturday in our facilities. They rotate the meeting from church to church to church and so that type of thing could be better served in this large multi—purpose room versus crammed corners in another room and so we're not looking at big, long, extended meetings and a lot of use, i it' s an occasional thing once every three or four months . . . . normally during our current service time, it may be something of this sort, maybe Valentines instead of going to a restaurant for a banquets, we might decide just to serve ourselves a Valentine desert and we might set up tables and chairs and use the multi—purpose room for that, say from 7:00 p.m. , to 9:00 p.m. , or something. It' s just . . . . without enlarging our facilities, we probably won't get a whole lot bigger than we are and we are not going to enlarge our facilities at this time. We have alternatives such as going to two services on Sunday morning and different things for that. Our intent is not that to utilize this as a second sanctuary, but our intent is occasionally to use it because it better fits our needs and our purposes . . . . but as far as special services, I'm thinking in terms of like this thanksgiving dinner, that type of think. I would like to make one other comment concerning that the concern for noise which I certainly understand. I believe was pointed out but I would draw attention to the staff report, page 4, second paragraph, the proposed gymnasium and existing buildings on the site will all satisfy set back standards, the site area provides for sufficient area for landscaping and for physical separation of the gymnasium from adjacent properties so as to avoid TRANSCRIPT CU 89—011V 89-07 PAGE 42 possible adverse noise affects from use of the gymnasium upon adjacent properties and uses. The City in looking at it, has already determined that noise should not be a factor and has already been stated, it will be much much Cquieter if people are inside . . . . six inch wall insulated building than if they are out there in the parking lot. So we see noise as it has been said, decreasing not increasing by the use of this building and regards to school versus church function, . . . . the school will use it from the school hours, probably daily, although not every hour of every day will they be in there but they'll have their gym classes and such but . . . . it isn't really feasible for us to be able to enlarge our program of benefits to the school by getting these children out of thislittle tiny room into a gymnasium, it's not financially feasible to do that if the church can have no use for the building. We are a church, the school is an arm of the church just like a choir ministry, a youth ministry, a childrens ministry, we have a ministry of the school as well as other ministries and to build the building and say only the school can use it is somewhat . . . . as to building a dining room and saying you can only eat there and you can never study at the table, you can never ou can onl eat there. It just . . . . it' s not even play table games there, y Y reasonable in our youths as a church . . . . I just wanted to share that. Beth Pastor, I want to ask you mentioned the reduction of the noise because these folks would be in an enclosed area instead of the parking lot. You don't hold any of the activities that have been listed in the parking lot now do you? Ken Frank Some of the Wednebc;ay night childrens things, actually our girl scout program, it has a different name but it analogous to that. They are in the building often times in Spring and Summer in Fall when weather is feasible. Our boys will be out in the parking lot and out in the play area from 7:00 p.m. , to 8:00 p.m. , at night . . . . playing various games, they have bible studies and this and that to but a lot of their activity in the six months of nicer weather is out in the parking lot. /- TRANSCRIPT CU 89-01/V 89-07 PAGE 43 Beth That would be by their choice in the nicer weather even with the gym, I would think. Ken Frank It's a possibility, it might be . . . . right now they have no choice. They are in a small room that I believe is 40 by 40 with an eight foot ceiling and . . . . so it . . . . they do have those . . . . currently outside. Beth Thank you pastor. Anyone else speaking in favor? Kathy Stanton Kathy Stanton, I reside at 8595 SW Rebecca Lane in Beaverton, my husband and I and our children are members of Tigard Assembly of God Church, I am currently the childrens church director that uses the 40 by 40 multi-purpose room on Sunday morning. What I have to say . . . . reiterates some of the things that pastor Frank just said. I have a pre-school child at Gaarde Christian but I consider my self a church member and as a church member, any part of the structure there . . . . for me in the way I look at it is for church purposes I heard the neighbors speaking about their notification only referring to a gymnasium . . . . that would distress me also if I'd . . . . I was thinking at it of only terms of schools but . . . . as your report says it is a gymnasium multi-•purpose room. I'm always referring to it as a multi-purpose room because that's what I'm looking at it for in terms of the childrens church program that we currently have on Sunday mornings. As an example to understand church and school, I had to swing by the church today to pick up some papers for the childrens church program, I saw four other church members there. There is no school this week, it's spring break but yet there were four other church members inside the school church structure doing various things . . . . to restrict the use of a gymnasium multi-purpose room only to school use . . . . would be counter productive to the wide use of the space available and also difficult for . . . . church members who have children at TRANSCRIPT CU 89-01/V 89-07 PAGE 44 1 school would be there at different times performing different activities, so I would request that you . . . . review the testimony and take that into consideration . . . in light of the neighbors testimony of restricting it only to school use. Thank you. Beth Thank you. Anyone else speaking in favor? (Unidentified person) I would like to address first of all the . . . . controversy over the and reiterate about the trees and the fill and conditional use in 1981 . The modular classrooms were put in on conditional use with . . . . just the buildings in consideration. The fill that went in later, we did not tie and really did not at the time the classrooms went in anticipate that we would put that fill in so chronologically, the conditional use for the modular classrooms was • applied for, given, we put the classrooms in and then at a later date, after the trees were cut down . . . . because they were found to be diseased, then we filled the property and I remember very well because I was directing the fill and had the City come over and stop us from filling because we did not have the proper permit and I was unaware of it and I was showed that more than 15 yards of fill go in according to uniform building code, you will get a permit. We stopped fill and received the proper permit and continued to fill the trees were down. We have a letter on record at our church from a tree specialist, stating that those trees were disease, we didn't want to see those trees go either. Our logo for our church still shows those trees. We haven't really made an attempt to replace those trees and I say understand, I try to understand our neighbors concern and it is a valid concern. If we were suppose to put trees back, I don't know if a tree code was in affect at that time, if we were to, we were certainly negligent concerning the first opposition for shrubs along the entire fence line. I would like to say hip hip hurray to that because that is in my estimation an eye sort church and I am one who comes out the most work days to help work on that and that . . . . nothing usually with that section. I would like it to see the landscaping tied to that conditional use along those strips to make us do it. I think it's a good idea . . . . and then regular . . . . regular schedule, I . . . . we're TRANSCRIPT CU 89-01/V 89-07 PAGE 45 spending money but I still think it's a good idea put a walkway in there if it's thats required, we've stated that, but I speaking for the church, we oppose the half street improvement. We' ll sign a waiver when a LID is formed and pay our fair share and do it then. The . . . concerning the doors on the east side, Mr. Anderson's concern, I don't know . . . we may be required to put those doors there for egress. If we don't have to put them there, we can redesign and put them somewhere else. The water runoff is addressed by the City of Tigard Planning. We will have to have sufficient facilities to contain that water runoff and so it's a concern, but it's a concern that we' ll be taking care of if we are to build the building. The lighting . . . I assume that City of Tigard has a lighting code that we have to hood certain lights and they can't shine in our neighbors . . . and we don't want to shine in our neighbors windows if we can help it but we need adequate lighting and we will follow the City of Tigard' s direction that way. The heat pumps at the rear of our modular classrooms, we don't hear them. Mr. Anderson, we will work with you, we will hood those and we would like to talk with you about those. We don't want to cause any grief for you. The last is the time . . . . if we are restricted time wise to this . . . for the gymnasium other then what we've already asked for, I would ask this. That we be restricted no more than any r other elementary school in the City of Tigard. Thank you. l Beth Thank you, Mr. Murray. Anyone else speaking in favor? Any rebuttal for opposition? Yes, sir? Kevin Kevin Watkins again. I talked earlier. I think evidence by the people speaking from the church, they still haven't decided in their own mind what is they're planning for. Is it a multi—purpose room or is it a gymnasium? I reviewed the conditional use permit application and I could no where find a multi—purpose room. I saw gymnasium, gymnasium, gymnasium and to me, a gymnasium implies . . . for a gymnasium for a school that has up to six grade and implies that it is used for the school related functions for the children up to six grade and it seems to me asking that . . . asking that the hours of Coperation . . . . operation be restricted to school . . . regularly scheduled TRANSCRIPT CU 89-01/V 89-07 PAGE 46 school days and to have it cease operation at 7:00 at night is only reasonable and . . . we live in this neighborhood. My children play in the back yard. I have young children who need to go to sleep at night. We have had to install air conditioning because we couldn't keep the windows because their activities going on not to 8:00 at night till 9:00 at night associated with the school. So I think this is a real real critical point that . . . that in the conditional use permit is very . . . . if you do decide to approve it . . . it's very specific that it is a gymnasium . . . that the activities in the gymnasium are school related and that they are only gymnasium related activities, none of this thanksgiving dinner and everything else. I mean they have a big thanksgiving dinner that's our holiday too, we have guests over too and our homes are disrupted by . . . would be disrupted by any additional commotion or what have you. I would like to offer a suggestion that might serve to litigate some of . . . at least would alleviate the concern of the 11 people . . , the 11 people boarding on the north and west side. I think Mr. Anderson may not be too agreeable to it, but I'll throw it out now. I haven't had a chance to discuss it with him, but can we . . . can we move the gymnasium structure to the front of the property on Gaarde where there is currently sort of a playground area. It seems to me that it wouldn't be associated . . . wouldn't be so close to the school, there's plenty of room there. It wouldn't be so . . . so much architecturally, you could get by with a flat roof structure, because there are already are the modular school classrooms there already. You wouldn't . . . it wouldn't need to be a so close, probably save money in architectural treatment because it wouldn't have to match so much with the church. That seems to me that's a . . . something that should be explored cause I think it . . . it would certainly go a long way to alleviating our concerns. Now I can understand Mr. Anderson may have some objections to that suggestion. Thank you. Beth. Thank you. Mr. Anderson Before I forget, I'm not to thrill with the last proposal there. I am interested in meeting with the church to try and work out a solution to our TRANSCRIPT CU 89-01/V 89-07 PAGE 47 differences. I would hope that the cooperation would be better in the future than it has been in the past. We have talked to them in the past about the problems that we have and we have got the air conditioner turned off when it's not in use for short periods of time, but then it seems like, you know, it goes back to business as usual and I also disagree with a couple of statements that had been made referring to the high quality and the high moral teaching and I think there was an error also in the way the trees disappeared and I'm sorry my notes are all jumbled up here but I just tried to write down answers to specific things. As to the high quality and high moral teaching, I think • one of the more important things that we could teach people today is that people should respect the rights of other people's property. And that I don't believe is being handled at that facility at this time. We've had instances of the kids, you know, climbing over the fence and stuff while the supervisor is standing out there watching. At one time we actually had one person lift a little kid up and setting him over the fence. I don't think that's very responsible. Also we have, you know, the kids throw the broken black top and the limbs and all that stuff end up down in our yard and the only source for that is what they dumped as spoils over the bank up there. Also, it' s bad to have, you know, supervisors standing out there watching while you got a row of kids standing at the fence there taunting, you know, the dogs. Our dogs . . . I don't believe are dangerous . . . but they certainly are protective and especially if you have a small child that's been taunting or messing with the animals and then you set him over and put him on the other side of the fence. It may be three days later and you don't see the dog out there, but when the kid gets up about the middle of the yard, you know, the dogs don't forget. So I'm really concern about that. We do our best to keep the animals inside, you know, while there's Sunday School functions going on over there because I just don't want to take that possibility but it does seem that, you know, that's an unfair burden on our part. As to the church, you know, itself . . . I don't . . . I don't think they have really addressed the problems about the noise or the current drainage problems . The added fill material that was put in . . . I went came down to the City earlier this morning and reviewed some of the earlier plans and the plan for that fill material when it was finished there showed . . . I believe different contours then what are actually there, other words it never did get graded out properly to allow for proper drainage and also there were 24 new trees to be planted around the perimeter of the fill area and I haven't seen any out there. Back to the issue of the larger trees that were TRANSCRIPT CU 89-01/V 89-07 PAGE 48 • lost, I think there is a little misconception there, however I don't have perfect recall on my memory either, but it seemed like to me that fill dirt (" started to be brought in there off and on and dumped in and around those trees and the ones closest to our property, I would say the fill material probably got up to between 10 and 15 feet deep around the trunks. Later on as, you know, Cap came in to start moving the fill material around, the trees that are farther to the north, in other words, farthest away from us, the soil was removed from around the roots of those trees, you know, to better level the things out and I'm no tree expert but the tree that blew over, you know, I really believe that was caused by removing the soil from around the roots of the tree. It didn't have anything to hold onto and the winds came along and the trees that were diseased, I think is . like I say I'm no tree expert, but if you pile that much dirt up around the fir tree, you know, it doesn't take very long for the ants and the termites and that to bore in there and that's what you call a diseased, you know, tree. Then, of course, it's got to be removed. I just mentioned that because I want to get it straight on what happened. As far as cutting down if they're on their property, I think they have a right to do that, I don't have any problems with that, but it would be nice to kind of keep it straight on what really happened. I really do believe that the use should be restricted to specific uses of whatever you determine is equitable, but I would like to see that those be specific and that they be written and that they be enforced. Whatever is fair, fair, you know, just as long as we don't have things that will creep in here, an hour here, a day here, and whatever and four or five years we've back to a situation like we've got with the things that happened four or five years ago. As to the outside noise, I don't know how this facility would actually decrease outside noise, you know, in the middle of it, in the winter when it's raining and muddy out there, it' s probably one of the more enjoyable times for use of our property because the kids aren't out there, they're some place else. I've got a feeling that no matter what type of building you put up, that when it . . . the weather is nice and that . . . the kids are going to be outside. I know I sure would be. So I don't really think that building the building is going to solve the noise, you know, current noise problems there. I also wish that you would consider, you know, the people that are using this facility come there for limited amounts of time and congregate and do their thing and then they leave. They can go home. Unfortunately, we don't have that same option, and we live there 24 hours a day, I mean, that's our house. We don't have the TRANSCRIPT CU 89-01/V 69-07 PAGE 49 11 option to just get up and you know, go to another location. And that's all I have to say. Thank you. C Beth Anyone else in opposition? Gail Watkins Mr. Anderson stated some of my concerns. I'm still very concerned about the use and that if it's not really limited and in writing as I think one . . . the minister said . . . well, at this time we're not planning to enlarge, another one of their people said . . . well, we didn't anticipate in 1981. And so my concern is that there are things that come up that you don't anticipate or that you are not aware of and then unless it' s very specific if you do 01< this, and I'm hoping that you won't unless it's very specific on the usage and the amount that these things will come up and up and up and as a woman said . . . there were four people that came in today. Well, four people is not a big deal, but as most churches . . . when vacations, summer, they want to provide activities for their youth. So they know what they're doing, they're . . . . I mean that's understandable and so while there's four today, if they have the gymnasium, they could have boy scouts, I mean, additional meetings and that' s . . . that' s really my main concern. That if you do OK it, be very specific on the type of use, the time, and, you know, where do we go from here if it's not . . . if they're not held accountable. Thank you. Beth Anyone else in opposition? 01<, let me close the public portion of the hearing. Are there any other questions that need clarification? Questions about this application? OK, I see none. Let me explain the procedure from this point, generally I make a decision on the night of the hearing, but because I haven't visited this site, I think it's important that I go out there and see this site. Now, we can handle this two ways, one I can go out and see the site and file a written decision with the City and I will give you a date tonight when that would be at the City, or anyone here is entitled to come back and require me to come back and give you an oral decision. If you TRANSCRIPT CU 89-01/V 89-07 PAGE 50 would like to come to another hearing and have me face you and give you my decision, you have that right. So let me ask now, is there anyone who wants the decision in this case to made at another hearing orally? Anyone who feels that they want that? OK, I see none. I have ten days under the ordinance to file my written decision. I'm going on a short vacation tomorrow. I'll be back next Wednesday. Generally, my decision would be filed by the following Monday, so that would be the third of April. I'm going to be in court all that day and the next. I think I'm going to give myself an extra couple of days. My written decision will be filed with the City by 5:00 p.m. on April 5th. Now my history is such that if I say 5:00 p.m. , don't go in there at 4:45 p.m. expecting to see my decision. It will probably literally be there at 5:00 p.m. So your best bet is to ask for a copy of this on the 6th. Now I will go out to the site and I'm going to wander around. I'm going to try to get at the site from as many different sides as I can. If you see me out there, please don't approach me. Don't talk to me, don't offer to show me anything. If you do, then I'm going to have to call another public hearing and disclose to anyone who comes what our conversation was, even if it was innocuous conversation. I'm not entitled to talk anyone outside of this hearing room. So please don't approach me. Let me share with you a couple of thoughts that I have about this application and maybe about zoning in general. Zoning laws attempt to balance uses. OK? There's a presumption in zoning that compatible uses go in automatically next to each other. For instance, single family houses are presumed to be compatible with other single family houses. So you don't need a special hearing to come in if you are going to build more single family houses. There's a presumption that heavy industrial uses are not compatible with houses. So you don't see those side by side. Those are the two extremes. What we have here is something that's in the middle. We have a church use combined with a school use and the zoning ordinance contemplate that those uses are compatible to an extent. To the extent that they can be conditioned to make everyone comfortable in the combined use. Obviously, our schools and churches have to go some place and they don't generally go in the middle of the heavy industrial areas. They go in the communities that they serve. That's why you have elementary schools that serve surrounding populations. You have churches that serve, you know, the community in which they are, but there's a balance here. When you have a church or a school in a community, in a residential community, it is not contemplated by the ordinance that in a residential community, you would allow PAGE 51 TRANSCRIPT CU 89-01/V 89-07 a use that ran 24 hours a day, 7 days a week, and generated a certain decibel level of noise. You simply wouldn't contemplate that because that is per say not compatible with homes. So some place between that and only a service on Sunday is where this church falls with the variety of uses that they would like to make of their facility. The pertinent parts of our ordinance are really Section 18. 130.040(A)(1 &2) . Those are really the issues that I'm going to have to decide and the first is the site size and dimensions provide adequate area for the needs of the proposed use. OK, we're looking at by this approximately a 2-1/2 acre site and is not adequate for the list of uses that the applicant has said tonight that they want to make of the facility. I'm not going to hold the applicant to the magic. word "gymnasium." I am going to consider what they want for the facility. Now that mean I'm going to deny the application, I don't know yet. But I will consider the full range of what they are requesting. I may choose to limit it but I'm not going to limit it just because the word "gymnasium" was used. OK, the second part of the ordinance that's important for this decision, is that the characteristics of the site are suitable for the proposed use. Considering the size there we have the acreage, the shape, the location that is in the middle of a developed residential area, topography this . . . nature and apparently the draw that's down on one side and the neighbors around and other natural features, trees, lack of trees, screening and landscaping, you know, you name it. Those are the things I'm going to be looking at when I go out to the site. OK, I think I have a very clear understanding of everyone's objection. Let me say something about being neighbors. OK? You shouldn't have to come to a public hearing to discover that you guys want to talk to each other. All right? As the biggest neighbor on the block, I'm going to suggest that the church should take the responsibility of an annual check-up. You know, once a year contact your neighbors and say, "how are we doing?" You know, "just talk to us, tell us how we're doing, have any problems, anything come up, had any trouble reaching us, anything you would like to talk to us about, anyway we can make life here together better." OK, you're the biggest neighbor, so I think . . . I certainly can't require you to do that as the Hearings Officer of the City, but I'm going to charge you with that moral obligation as a good neighbor and be a leader in your community, be a leader in your neighborhood. Is the chairman of the NPO still here? There you are, that's also your job and I already, sort of got you a little bit on that point, but you know, once a year f take a survey of this area, say to the folks around in this neighborhood or TRANSCRIPT CU 89-01/V 89-07 PAGE 52 i this little sub—neighborhood of your NPO, what issues are on your mind, what can we do for you, you know, how can we facilitate communication. I think it's very appropriate that before you leave tonight, you folks set up a meeting time to discuss other concerns, concerns that I can't address in this hearing. Communication is a wonderful, wonderful thing that we have available to us and it's busy schedules and sometimes tough to reach each other on the phone and it's easy to let it slip by. You folks have been neighbors for a long time in this facility or in this area and you're probably going to be neighbors for years to come. So take time now to set up that first meeting and then make it an annual event, so you don't lose track of it. All right, my written decision will be filed on April 5th. 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IS NOTICE.IT IS DUE TO TIE PIALITY OF TIE ORIGINA CRANING. -0-e- 62 82 i2-6-2- SZ IQ ezzz la OZ 8/ 91 LI 9I SI *I CI EP 11 01 6 9 e -6 s • c 2 i*,..... r aiiliiuiliiiiliiiiliiiilouhii MARCH ' -8't i 1990 ,, - 1 .., - - , , - hi....___ 0.5 1081EN Actenda.* 1 B9 -o2 Photo EhE1 See LUXE, ' I ri \ Innb 1 ' 1 ri TO: MAYOR EDWARDS AND MEMBERS OF THE TIGARD CITY COUNCIL nrUlf0Yl,Q,1(L� t-i_1Un FROM: SANDI, TIBBETTS, PRINCIPAL OF GAARDE CHRISTIAN SCHOOL PERSONAL RESIDENCE: RT. 4 , BOX 404 , SHERWOOD, OR 97140 I AM THE PRINCIPAL OF GAARDE CHRISTIAN SCHOOL. IT IS THE POLICY OF OUR SCHOOL, AS IT IS OF ANY OTHER SCHOOL, TO OFFER THE BEST AND A WELL-ROUNDED CURRICULUM TO THE STUDENTS ENROLLED. TO HELP YOU UNDERSTAND OUR NEED FOR A GYMNASIUM, LET ME GIVE YOU A BRIEF BACKGROUND. WE OPENED FOR ENROLLMENT IN 1967 WITH A TOTAL OF 8 GRADUATING STUDENTS. SINCE THEN, WE HAVE ADDED AN EDUCATIONAL WING AND A MODULAR BUILDING TO OUR FACILITIES. IN THE LAST 22 YEARS WE HAVE EDUCATIONALLY INFLUENCED OVER 4 ,000 TIGARD STUDENTS. IN PAST YEARS WE RENTED A GYM AND BUSSED THE CHILDREN. BECAUSE OF THE ON-THE-ROAD TIME INVOLVED, WE FELT THIS UNPROFITABLE. WE HAVE BEEN MAKING DO WITH THE CHURCH' S FELLOWSHIP HALL, BUT BECAUSE OF ITS STRUCTURE, THE CHILDREN CAN' T PLAY BASKETBALL, VOLLEYBALL, BADMINTON, ETC. THIS LOSS ALSO IN- VOLVES A LOT OF SKILL-BUILDERS. ONE OF THE CONCERNS OF THE HEARING' S OFFICER AND POSSIBLY SOME OF THE NEIGHBORS IS THAT THE CITY' S CODE HAS NO RESTRICTIONS FOR THE NUMBER OF STUDENTS. THAT CONCLUSION IS INCORRECT. THE BUILDING CODES RESTRICT THE ENROLLMENT BY THE SQUARE FOOTAGE AND WATER CLOSETS AVAILABLE. I'D LIKE TO ASK YOU TO CONSIDER THE GRADE SCHOOLS YOU ARE FAMILIAR WITH IN THE TIGARD AREA. ALL SCHOOLS HAVE CERTAIN BUILD- I I . ING FACILITIES IN COMMON BESIDES THEIR CLASSROOMS, BATHROOMS, AND ADMINISTRATIVE OFFICES. THEY HAVE A GYM SOMETIMES DOUBLING AS A CAFETERIA, BUT EVERY SCHOOL HAS AT LEAST ONE GYM. THIS IS WHAT WE ARE REQUESTING FOR OUR SCHOOL. WE ARE NO DIFFERENT FROM OTHER SCHOOLS EXCEPT FOR THE FACT THAT WE ARE NOT ASKING FOR YOUR PROPERTY TAXES TO SUPPORT OUR EDUCATIONAL AND BUILDING PROGRAM. WE WANT THE SAME FOR OUR STUDENTS AS THE PUBLIC SCHOOLS, BUT AT OUR OWN EXPENSE. IN SUMMARY, I WOULD LIKE TO SAY WE DESIRE A GYM FOR THE SAME REASONS OTHER SCHOOLS HAVE GYMS. WE WOULD LIKE TO HAVE A GYM TO ADD TO OUR PHYSICAL EDUCATION CURRICULUM, SCHOOL ASSEMBLIES, BEFORE AND AFTER SCHOOL ACTIVITIES, AND FOR ALL THOSE RAINY DAYS IN OREGON WHEN IT' S TOO COLD TO SEND CHILDREN OUT TO PLAY. WE WOULD LIKE TO HAVE A GYM FOR ALL THE SAME REASONS THE PUBLIC SCHOOL NEEDS A GYM AND THAT IS TO MEET THE VARIED NEEDS OF THE STUDENTS AND THE COMMUNITY. THANK YOU FOR ALLOWING ME TO ADDRESS THE COUNCIL. c` Gl�:c lG \ e /1__ i .L� S'ANDI TIBBETTS Q 442 n E Wrnonl To: Mayor Edwards and the Tigard City Council 47 From: Ken Frank, Senior Pastor and Board Chairman, Tigard Assembly of God Church and Gaarde Christian School Personal Residence: 10734 SW River Drive, Tigard, OR 97224 MY mission tonight is to gain your approval to allow us to build a small gymnasium for our school . While Gaarde Christian School is a separate and distinct arm of the church, it is sub- ordinate to the church congregation and leadership. The same Board that governs the church ministries also governs the programs of the school . We are an active church, serving the Tigard community for the past 37 years. We have existed at our current site for the last 23 years . We pride ourselves in being a community-oriented church, 41 and we really have two different congregations . First, we have the several hundred people who worship at Tigard Assembly and call it their church home . Second, we have the families and friends of Gaarde Christian School, most of whom do not attend our church, yet take full advantage of our ministry of Christian Education. As our principal has stated, the school has been in operation for 22 years, and during that time has been involved in the educational process of thousands of Tigard children. We have worked, 'both past and present, with the Tigard School District in regard to testing, referrals and educational activities. We are even involved in the Tigard Hot Lunch program. We have had a positive influence on hundreds of Tigard families, both through the church and school . We consider ourselves a positive 41. contributor to our community--not a detractor--and it is community -1- demand, by parents and students, that necessitates our addition of a gymnasium. Our only purpose for building the proposed gymnasium is to benefit those in the community who are touched by the work of our church and school . Gaarde Christian School offers classes only through the 6th grade, so these students do filter into the Tigard Schools . Our goal is to equip and educate the children to their full potential, so they are well prepared for their Junior and Senior High School experiences . Constructing a gymnasium is another tool to help us reach that goal . To our knowledge, every other grade school in Tigard has been afforded the opportunity to have a gymnasium. We simply desire that same opportunity. I am told that each of you has a copy of the transcript of our March 23rd hearing. I would like to quote one sentence from page 3 of the transcript. The City of Tigard Planning Staff Representative Jerry Offer says : "We therefore found that the proposal complied with all code requirements and complied with the standards of a variance, and we recommend approval of both. " (end of quote) We believe that codes and standards were created for the protection of the health and safety of people. We fully support and intend to comply with City of Tigard codes and standards. In the same sense, we do not expect the City to discriminate against us while we do comply with current ordinances. We only ask that we be treated consistently with existing policies. We are here to serve you. I will be happy to attempt to answer any quesions you may have. Thank you for your time, Ken Frank -2- I To: Tigard City Council reS/I From: Citizens of Tigard, Oregon and Friends of Gaarde Christian School We, the undersigned, are resdents_;of Tigard, Oregon and also supporters of Tigard Assembly of God Church and/or Gaarde Christian School. We are registering our strong support to appeal the decision, denying the Condi- tional Use Permit, rendered by the Hearing's Officer. Name Address kora„ '1 ,605 �j91o5 5(...- Ed,3ewooc\ Tc50.,c1 `ria25 4 4. ,• ___ s9(os 5t^ E .dIoal) TIC,-44.40 g1223 -Al,ti,,/A,% / --5V5.5 U As/</c /z/ cd-r-- --( 17�.-y CL. A - 155596 s.IN . PoiRot �a "7204 (/! --/A'1.1 , ./)(L ----- 757/ _s co z/�P7_ r_A. —1706,rc\ -1 7 q ,I1 r 1 , ',woe Aw a 11 SSS J/64-i- / 9 A14 / P�— /6 2 s' -J 7��/E . -�. _ i 27/ ____. xi-- / 7 1 /J - _ 11 9m v-ht 90 nee. 92) 7 S c.� -1- I c0 q7aa4, tilt--.a a° c9Aviecy /025 5 t.c.)• MeadA-w ovd 1,,teAud bA:q1103a J-)oxixit1,144/111?A e-ie'i� q12Z / /1 '! e_l • . / �/.., /0,yr- •t 11 �- •�,iI _ ./jf 1J r, w. / J� ' - ,7 876 Jai, , ridtret 9'722-3 a., ,42.4:7. 8164 _Sw, ,:e 4 , i 9zZ�3 ,� ! , 97�a 3 i z3 - ,- • _`ice 8'990 sic) yPwo�sfi ,r../ 9 72 id > 'OS (.4)_ .� _ ` 97.2-2_3 6 A. a tit) xgg5 s(i r�-Q c , ( ' t c'7 3 fi -,-05! Xia,„;2: Pe'LL,,e,/ 9070 s 1,9 €j , rivc,,,s--.-j, i. a.it.d ?7.2.2? 7 �'-� p7223 �i��tc-moi.. (3u �- ��h �O`'' To: Tigard City Council , 4i From: Citizens of Tigard, Oregon and Friends of Gaarde Christian School " - Y n We, the undersigned, are .fresidents of. Tigard, Oregon and also supporters 4 1+, of Tigard Assembly of God Church and/or Gaarde Christian School. We are registering our strong support to appeal the decision, denying the Condi-' tional Use Permit, rendered by the Hearing's Officer. Name / Address ACL. C�2rq,5J— It ,r� 5--,_. Sttc, cd64.7 7 %/.6.,A,&9 oQ 2L3 . ,/..,tet, . C-)/,./,e,,(2 ��/7� i/l), 17, a,: , ---/iii/v9 �, i 7,9-a • . '16 It, . - AL �p67U / .5 5 /2 / �rvj �:�r�t / 1 `17727 1 / T (A^ ' 1 /2(02_ 5l3 (�< (d am j ° 77 zZ •'� c 9-15 $ Nl�fdo�,iz_ a & v_ a - dtAuzl_ I/ o sat) , 1at * floc "Tia\a/tA 0r_97a .3 Ilk. D.S2,mC JO)0s 6w . ,f c�ha.1 'r(S ct7�y ��.... inem., .. /D (0 S s w /7 c fo/-4Cf f T f 6 4-Kfi97 - i inillallt �, S �, ra red I I J,3 ,� .�/,,, �7 OO s c.J Nr u edoc �� ,gid i a Q.-7 .i► i ' r `- 1376 5-- .IA) . )�-LI 1 /�-&pct X172, 3 et,:_�� 34.77sE Zl�mA.p°A.• //f e)• 7722Z &� IPt k iit% i \cam - .13, W -r-i6iNzpic512 8_. . 4 4 /1._4119 i 0 /.6h/ -,5 id . ,/)1A__Pel,..„y 0:731_.2„,9 A► • I . I s. .s /mob/05= 7.1d• 6 '/Q ►—c� 4 , 7aa f.‘, :z7-}fte,E.-e-7,_e.). � ) 45/ — at/-e) \-177;• i q7 -1-41`-J %� - / r ////J I) i/ .i 77 -. W ', 89/5- a>wevc�W �7 / 4 .-9/ t i/j/ fe/i.1) 1 _.- / ( /../".0... Oa a. fry �3) c ///145-- �Su) //y ,4 n� ��z z 4 (r.d..cmn A‘Z 7` ,, A-C, //I I/Sw //y1 6.,t0 97zz3 N 1 To: Tigard City Council From: Citizens of Tigard, Oregon and Friends of Gaarde Christian School ;."Z. . er �F We, the undersigned, are residents of;Tigard,: Oregon and also supporters r of Tigard Assembly of God Church and/or Gaarde Christian School. We are registering our strong support to appeal the decision, denying the Condi- tional Use Permit, rendered by the Hearing's Officer. s • Name Address �71-- > .." C, g, 76e) 5(e) ii)ay-i -fr, / j 'liC��4--s-,f I rLeo-�r� // 7,' -.5 '/ d.e - DL C ` ThC-W►a.40 _4,-,,,,,,e,„ �9L /O�Q (1 iD > «" ls 64.6/ ,,.-, /A . i / o9/7) t4 ) 9— 4l --1766-id r 0l` - _, /�7$0 s--...v1/4(t( . (I LC. C, 1,1 C,J rz 27.z.z1 ' liar '; a -- q !s ' d,, Z .4 4k-L,C; 6--,_- P , - (e7ys__ s - & 7` y9)- • x . aI/' &- /ate v seeJ0/./i -, / O, 97aez3 K/j L J &1 Ae2 / ]D d�(_I(,/�t.�.L& C 7i (7Y�-I�7�3� sA—/ eJr �� al& I VVI_; c1.) ?/s�!� - .79y --7-T2r jc, 1 ack2 s Q, 1 - _ . - ,cm .' Grl gou�1� //Y?� S', /7? %<f vA9Q P7z7,3 OF'wM?J //555 Skr) /¼3514'7d'l ` Ci,..._( ,e. 6,..26,_ .4 , v ow,L ;Le be t-GL /rtoac ss-W. Go.Ho A-✓e 7-1ga ,'2 9`7a.-K3 0. ' -. C4e-,S-6,,i 1 4 (1 2-Y a &ht. . i/o 0 5' ed;7o.✓u.0.)9 L, 13'6, j p 71 3 t / ez(..),,a-'--- .,,,,(4,,..7.,,,..,....".. I / / •. 7/6 JD ._I'Cii_ 6_/1 /1ae e7 722_.1• ' -mar ‘ . aP.4. *4° ze -. 4 g. '.------. q 7Z 23 I I i . To: Tigard City Council Al'.t )„, •t- , From: Citizens of Tigard, Oregon and Friends of Gaarde Christian School , .t;-'-';'-: • 1, 1 1 We, the undersigned, are444404004Y0dI Oregon and also supporters of Tigard Assembly of God Church and/or Gaarde Christian School. We are registering our strong support to appeal the decision, denying the Condi- tional Use Permit, rendered by the Hearing's Officer. .. Name 1110 Address A-42, v./013 7-*/-7 ,40"- e 7-7- , 772-a..?. et) Ars v---- _:,-;ipor", (..), c 0,i4A-teic,,L.,L a= 3/ .7"- ct 9 vq-t k 1,...-me - \\7\1) 97 ,Ailhilkiiirp- /o73/ ,-(4*/ de;er..4: 77. ,,-, 922/ (.1W / • _ 6t1 ,' /e- 4.S--e S(-4/ -ifir:r5.4) -#R 775:Arzli 9 Z2?? 1 A_, ..(__.4(ILL 9,5-15U• CJ.F4-e-alteC94 Wya ," e, 77a-q1 ,___144-. :41.,,t.ii .s_f •• . 37 I 5 at) Sera-/YS e j hyarr/ 97z2 AfAL7 /"s-- ci s 4/ :cc/. 14-ir/24-4/ m-i , TreilW-/ 97)a..7 1: _ 4, ' AI ' /./50_, ...s„,0 5:z . ,< --- ...TATITIAM ri ii. owdlik ,.,a 120() (,0 100,t5T-crir-prc1.9-72-z. • ;011111,7: .e /4'/az sa //7e-e /1429errey/ 972-zy . . _,,, /.....a.-./...A 0 ..A. ....L' - 14.0_d_ ; 72D y i . r'':97A4- Willbs /11.2.01, /41 2..?-5--. XJ 1 -;',/ J'A ()We-, 7z3 a. / e_. 4.,. toc), o -rui tot cies c_77,. 7-7a i e 1 a e D 31.24( 2le.--u--1-, #/5 __1 61.4"! 9 2,7„Z$ ,-Th 03 5---SIA-R0-2X y ,T7- 4 f7z2-3 ONALthct_MoPtinA , inal Sim 1at )- S2t. TC3c-vid q 7 2 2 4- ' E-72-1 94-) ga4itteA4 + 772rcl q72,fty-6 _ , /5.3)70 ,5 Lu. 0"2//1 "1- Ty ,i 9' 7.2.23 .2-M. M./....A7.,_ -_., /42 v..3 ). Leer/il 7:1r, 9%, -.-_g cO1AQA.12,a_i Vv-VAcjrwnc12 CL---19 ) 1-1.) rne-00 lei I-7 olyc197de2,--1 I' :::3, ____7, :e--re,Z-y—.2. - . /047,/>.5. 540 gicaDoAlehe -7v 9p), .(( r7 i , To: Tigard City Council ns, From: Citizens of Tigard, Oregon and Friends of Gaarde Christian School ,0 . , ti We, the undersigned, are 4 d ntsn"of Z': gard$ Oregon and also supporters of Tigard Assembly of God Church and/or Gaarde Christian School. We are registering our strong support to appeal the decision, denying the Condi- tional Use Perrit, rendered by the Hearing's Officer. Nam„e Address ,�/� e. �/,/ /� ,g e ss ,/ /72 e ii7z z c , `J d l , .1 9 � Aa , .. � � 108-$ I . /o�r�s� c/20 /5 ,s(4) . �� qua-.,_, j viivard 4 ��s . GaAch, W..144 91g 5.-. t'Lot.yi S, .J- CSA t>_s- LLGA-t,2 q 7223 D, Li i 6 Q73S SU -F(LsWluF6 444iso 9.'7223 f �a vicirq. ish I S q-30 510 Cres rrn.e.6--- 17,1carrO 9�z N.ck c�, \74,-3,3')►"04..v". \ v 0 S w - —rt _ MANN. . fi,s13 6j Ida 1 4er, 4 } S'- JAS,, t -s, r=`' III '7' ;2.,,c _ _ ' _ 11ez7 aw . 5OLL ,,- Loki.' pie, 7Q_j9 -b„Q3/14), � I H t 1( r , r , ,r 77 ...z., 1 9-N 3 _ _ 14f01 Sw 1i 946Atel.#60 jar1 q7;;' 8` , Age_,r_f 2g (-7&/).0--oz--1 / - _ _ . ..1/. ftd. ' , 4_4,,,,v 'aa X _i 7'- '.s L, ;-(v T 973 i�� foVo St i272z-Lf - ! - /41`-00 SOa. il 1 u of ciA. 772.z.V. _ . ......:;L,�% 4 ^514 �/ � 1 �dHti7.1 97723 r 0 i. ' „, 167.3 Li s j/-u / <7--), ° % q7A2.y - - - _ . IN ,.��,,,�r} To: Tigard City Council �j''�' y7T dy, 4ji7M1:��.. From: Citizens of Tigard, Oregon and Friends of Gaarde Christian School 7 � ilf We, the undersigned, are 'dentAof Tigard,'Oregon and also supporters of Tigard Assembly of Gor h nd/or Gaarde Christian School. We are registering our strong support to appeal the decision, denying the Condi- tional Use Permit, rendered by the Hearing's Officer. N- a Address ,.�_ _�1 , /6.775 .s J. bu 'Mom -Tv, . - .s7---5-?a-5 4.t.- -5-7. rF,,P I, ' Lie.. �„Elf—/ /&330 5 93•4 c..,`s -o .— 6-t,-rLcy. _ 1 i'. 91 , /a%dJ (!) A a /WA.91' ,ice //�D(0 S ) 7- --7/7C--7-- 4,a,te_7/ 1,�k QA__ ,, _?" 14 5111 S uu ,CiQQ 6 -T►S c R 7dd4- /"- .5"._5`4-y-e,24‘,-,-E____/ ,2); )5, •,, ,j fl -31A-e. f. Ax.editih-e.) /ee 40 46 ,10.440 / i, or' x)-764. `ia:oc - . 4., - / .5-5s- .w /3 7A —l�.a„,o, q?,.:2,2 a_ CA� 1 1 I 1 t S� . c6, -%Y (�-. � l�7 3 i � A C- • l/,�^�`� `��O D ►�v o�� S� T« a ct Zai,-} t f„i,, A loo o s. . N . I I ._/6 • - ' .n 97223 �/ 4" � � �'Z�S'-? 5� KpvyIrV1of �c( -Pcr.ir-.a1769 .1...1... = ., _�. I . /0no (-$0J A -,2( c0 na,P3 II It • T_ :,,,,A 6Te -1/1) P;We i? i I -z 2. ii OE R-72-2.3 ::1 -r,.... e /ovlo S. 4? /}4// SA/J ig 5ccii DP97223 yo),. . , 2- 6 - i. Ii L.,- e.._•.,_! • _ LO. 0 9 7,..L.1.3i at. —_‘.7. i . To: Tigard City Council From: Citizens of Tigard, Oregon and Friends of Gaarde Christian School .. " � b: s 'Stix = Irl We, the undersigned, are ,r5: > ' <3tr 9 Oregon and also supporters of Tigard Assembly of God urch and/or Gaarde Christian School. We are registering our strong support to appeal the decision, denying the Condi- tional Use Permit, rendered by the Hearing's Officer. Name Address }<AAA(,. ( ��(.4 ; . /31r/1.3 1,J i/0 0- . lI'rAti-d 9-7C9-:•; ii, 60c if _ , fiR.- - . -if .- ____ A. 'OM, le i 9 Ddr `v►►- .Q,\).a-n.3 l a s 15 s c,3 g a y +h -T-LnPrfk,4 cl 7,3,0-q c - ' , --- k. r6uk CULL Q.Z l5 SWL( -laa-� ,_ / . . //503 ' 64141- a_ - - l� 9 Z .„.1.6r ./ / // ,. /399O Sze) ,t .& °/, d �j2 z 5/ / Lc, la„--e_.---- /7,-;-7,, 5'G/ p�ucet r mac-/ LT aavs. /: .,YLC17 2-z V /„...1.44A 40 / /L. . 9')ao -tel. 6( • G CV, 4c( 9v y -4 / ov-z/d .g_e,ti tift,16f( ,a a , ,, ,falpf, 97ge6- . 0/. ,i/A4, _x417-1- -44/Li 9 ?g ..1.5-''' if6:44-2,9 3, \ 40 111 10706 s w, /0, kip\ 7-- ./-9 q-7/a/ 0T1,1,4)jzttu.‘- /5735— 5,uW tthi- .7 J Q?zz�3 cV,53-2,`, V-19111, /(A?0 Sco /o . i, ., �, ciT5,, k .. 1,7_)‘,6 sii) gat& coc,/ q-7 �a�.,,-.-cam /�.vli��_ i ‘.7.5--&, GiJ /Tw �X?�i� �.-e 97�.Z�. CadlAa 4 . ' ' - • k' d'O •Lo• M.Ucelor/%s1- ItF ii Ti Quay d �Z2 i nk, • lit I1�65 ��II ` Qnd �ey 4/L. /3`) , 54) L ` �c� , . qi„. 7z f�/ g'''` ' J g4'a-& s (�.Y,,,,-1- e 7=- 77-6.4-i,a 7223 C. c . To: Tigard City Council e From: Citizens of Tigard, Oregon and Friends of Gaarde Christian School -.� ,_.„;: iir We, the undersigned, areft4daiitiadiAtiiiiiii01 Oregon and also supporters of Tigard Assembly of God Church and/or Gaarde Christian School. We are registering our strong support to appeal the decision, denying the Condi- tional Use Permit, rendered by the Hearing's Officer. Name Address a 2 t wJ s 8 71.s- sW sir-Z--/Arj c f 'rC/YZa2/ ws_ L lift >. AL it . _ WAU \3S ”' - ---C" ►;��--ka M , . . A A. ; I 3 i. ► i,�to_o��,� A)� 11 ctS2.23 ifo A1; . \V ve,2 , )47 go S. .A...)-• 15o -----rc�c�;,,,_ 7712"I. 4_ 0 = - st.J tib ce .-- Tr > a 4 72241- ai ' / lIA. BFSs s- irn,) 19 clet — a,�d �l r 2 zz • .ri,.,Gi.6,w`,.- // yl -s`,' //�,✓wozm `�( -" J 7)22_3 -1( Tiik -71.YI41 77 L s ) aeitycl.-'c, ,,,e.„ (13 Lr( sL,J / (., ! C-thv 47 )2-2-, ..r,-----(-4--4-- 4 -C.,--.A.) /-dit)�j 4A,� I fi5 +' h 10cif �i ole- o2 Li- �(:�., - c (1/�(.• ' ;i) 11005 3/4) Cattol7Gt.1Cnd Z. , T.Ly Ad . 7�7-2," .- 1..(0 ^1- C d/i *-Ja:^?-) i/e)05 Sw cot/Dniaor)d / r2 . ri 972&3 U G I To: Tigard City Council (� From: Citizens of Tigard, Oregon and Friends of Gaarde Christian School iI We, the undersigned, are f"siients of Tigard Oregon and also supporters of Tigard Assembly of God Church andior'Gaarde Christian School. We are registering our strong support to appeal the decision, denying the Condi- tional Use Permit, rendered by the Hearing's Officer. it Name Address • • C I ,-ce_.41 Ic To: Tigard City Council 1-se s-1-: From: Friends of Tigard Assembly of God and/or Gaarde Christian School who live outside the city of Tigard, but who will be strongly affected by approval/denial of the Conditional Use Permit lit We, the undersigned, are residents outside the city of Tigard, Oregon but supporters of Tigard Assembly of God Church and/or Gaarde Christian School. We are registering our strong support to appeal the decision, denying the Conditional Use Permit, rendered by the Hearing's Officer. Name Address 4. 90 S Cc) 7,9 a.--- . 1111114,.•_ -3086— -<) I ?L�‘. 41oL;0 g /j e; �• � 'f le-' - 5 � 4.� 6�� _ �a7 3 at. , q / 3 r//..�.' ,/0 - „, Pi id 80A- ' 3- /4 .. d2 ,-7 ,._.5- i , )/ -,,:b k,i_V-6--6 i ee 11-0,e0 Jivaelpex ,Sly. !al......- 4o1.5.27 Slyilety led 4LUI o g7/Z3 All I i _ .,-,,_ ^ y 5 2) ,S-� /"7716,1,16-k.Ae � 997n d-� �,CG� i rcL /957v 5.LU. (pit'. W J&- QSC, a () 97Q3 ‘ --Z'T Id . 17-7 ,_ I ' 1i1/JYIG� ,, 9%t0 s q/G)- , 6hecv 0.-. u/a611 Di' c/706,g --- , # f .. 2/0 7C 0 a n J.-V-F- JO, 1-01 kro or. q)i,,,T3 °A -9 ria-rn j9io cSLJ (;,227.1.w ALt Cz gt2/7 -A- 4/,) I / .�9ia sri( j / -F7.2); I%�1,,,,i ; Ate, /cW 1 c- <5 21O. frsZ / /. (7e f7.1?7 ,573- 6S -6- _4/5"_. 224_5-6 r- ' lajjA. A f/-, %# r77 ' 97/ y a ,/36./.0„,2_, .. .., z-,e2a.„ e `/Ar A_,N 9 , /Ca-,,'/O'elt, Wi'/Ser 0 421, 1 , 71,0A,(94.1&_, f 1 L/ r SU) - ' I ; Q72Z3 % - / � o,�r i �s _.s--- Se-‹2______21z �3��y 9 70 0� .r f et,,,_ 1 a.gVc,1(ID _ -> 7 7�4 l�� '1 13 0 f_suv / 65 ,�-/u; b' Za 09 Pte ; Nom ► I To: Tigard City Council From: Friends of Tigard Assembly of God and/or Gaarde ChristianSchool who live outside the city of Tigard, but who will be strongly affected by approval/denial of the Conditional Use Permit C We, the undersigned, are residents outside the city of Tigard, Oregon but supporters of Tigard Assembly of God Church and/or Gaarde Christian School. We are registering our strong support to appeal the decision, denying the Conditional Use Permit, rendered by the Hearing's Officer. Name Address // �L' / '.—. , 6�/ SX9' �/11 Ter .. ft t ie &d 7 ea>(.(}, 2 25 7 ,‘,/,}. .e/-2,,igz,,Z, 6?,,,6_ ,,,, 2 ,� //-4--5- -- 51-0 ,o.a.i.-Z „v/ . 4-4,-", /7FS32 s-a) ,t� 90 2. 0 9'43.7 V 110 • I i::_OD (7 Ceti-al rQQt, LD1t`7O hik . .c1 4 ZZIA J7g .-ZeStt) CA-11'01,4 P7 j.,.01 c'703g / r W , p7j 7 s 6c, 6-70 -,t_ct,e, i CJ�r4./ 7 2 01 ti�T_ _ • 5-/s v 5,..; ��,.," L4-A/ 05-til,v ' Ilk a. V• 5 ,t // asiLeAwc,c/ 974/o 0- /7-i'1-4---e- r2 /r, s 5,✓6a nr„i'lle.--.,C 77-- � M 3345 SE Fr %1) in P+td q-/-2-0-2__ rilobi 4-0-te. ,..-,c- 5 5- ) u....) u\Jt5t-16---- 3"7-63c‘ 5Z--ti aOrt5)\Ye-1/4-e4 7 24 c( —61E: L e/^ 3.?/3 sii ci�1,-;,, CA/el0 ri ST / 7 z/ T 39/3 . D O /z V Alm j ?7 f ci t� - � thit /3Zoo scw .v1, •.aili tate./ 81)1-1,. 9760s- AO 7oos i JL 4-obs N-a � P-F A g7214 ( JL //' ' in ,OZt qIa-eP,crnQor im M&AG►' X1132 Al qZ p?wit-9,-, l . Ike (Aiz_c, 4?(f- To: Tigard City Council From: Friends of Tigard Assembly of God and/or-- Gaarde Christian School who live outside the city of Tigard, but who will be strongly affected litby approval/denial of the Conditional Use Permit We, the undersigned, are residents outside the city of Tigard, Oregon but supporters of Tigard Assembly of God Church and/or Gaarde Christian School. We are registering our strong support to appeal the decision, denying the Conditional Use Permit, rendered by the Hearing's Officer. Name Address � (*( ,'-\aoA e _ ■_•. i • - _ , at I! 9-7061 01/4 (------LAA 4( K., -I 4 1( ( loo , t q S 6MJ a. 9 7( ,9,3 ,S __ 10w1A•Ad gyo5$ Ca rv‘c- te_ (. .6, av 0 g7co 5 >k A C' 9 (2_ sli)uez(R --Tuz.A.1- ,,., 9701,E (.44,a,,,,.(_ i/ loo , . .; , e i� • 97a _ 7AT./ - /4 , / ir , �� 4 4 i/'J .720 e'ctuA ._ (-2haituuce c f cl(v fvj V 19- ei g 7 z(0 ..J_ . $31I -TIC_ sch the pend_ 97220 1•���'7���//___ _ 12 3 c WI w ei$0r DJ" a/.,o s: ?I G C%5-- q J0L .01P-- , _ 41111,0" /9S/y5et) of/QuNAIlt. LgwFiLe o� Q 97035- OdJYvsu L 4-0Cliti, CI Lac 9 ,J , CAnAil cup , - •ID0149 os . m - ,J . ' .fes Is1 s, , gU�c loa we. /MSL. .. , oft_ ZCQf-" :- vw if-)Dc ploiupluv( 42.51 Tlk ftp q4(!)-(0.1_ A:Mi►._ ,s: c-,ykt-, 5-u ►-R7q,(- - /10C' .4e.... .., /ate //,�774 ° ,r 9>/3 Z c_71.v7 tificese- g_3c- 2727"S-� �2'ZJ 9206. , i I -04. g.7U �p,.,ve„- ., 9 >w 7 d• AO/0 3,1,c)• ki,,,,,,6 -2:_e,J-3 ,d_.,e6961,22,3. � , l�,c L ;- ( oo(� S L.> I-('QL _ -M O. c)2. Q?�zi �:2 �.:� •t S( ' ` ' �j9/C Z !�� _�...�� 3 Yo��.,//meg ,22 e---/a-./de Suva 6-- . ' , To: Tigard City Council From: Friends of Tigard Assembly of God and/or Gaarde Christian School who live outside the city of Tigard, but who will be strongly affected by approval/denial of the Conditional Use Permit We, the undersigned, are residents outside the city of Tigard, Oregon but supporters of Tigard Assembly of God Church and/or Gaarde Christian School. We are registering our strong support to appeal the decision, denying the Conditional Use Permit, rendered by the Hearing's Officer. Name Address 2eLi A(derr qv, /74/1? J&✓ V)k(A9 Jom, Q . O>`° 97 t7 Et t-1 Z.. /lI frill Iliri IN s.:i ,9,. (-.RS' NE 6 o. 4 yr / Ak e��v(0,4' 9'7/3.1 if f j W `-Jck S S -.) 0 LP__sose C ck-?-1-1-- `I�I7Z15 1 41111111111111110 -.;'+ ,. { - , • / L'7--77' > Sz✓' (---//--1-41 /... )j,- :'7/cAlc, c ?cc-2 i "u "-,cellz-- 7"3g 3 S L- •c)r--7-7-17E- 44-))/ 3341/--2rnAi /7606 /-- /0660 SC4AplUi (50l)c(le g-(1- 74(/ 4)436140k �7c'7e, • IA _ ..i .. ..if /,.�.... /0&406) 1 PV . Al, (SUy u/ /�.0 9Qc 1 ISP�/li(i��ic�,u//e 97(i 7C a,, - ,v, / /9e& e 51zde_f_`_``ji Us, /,7.f 9 f-on� tt.:‘ 13L 7 S J (33 ive �o,(-�-\a 0Q �t`7 a(ci. I N. ' A Lk.,f Q;S:9 A . _ct. ,e, ) 15„I 560 63"(4 1,-e, Poll(6,--,d ok q--4,2q ��e, 6 ',fri . a__.p treppl_...YPJ` CSC/et l,hiA_e e .019 2 7croio --a, `f S5( ( sc,t> ._rumors , Po► 1AN0, ry-e,Q7zz/ . rfaF, A` 4s //725 S'4) >.,i./ a.v .v os 0 ,. 0, eated-- //ZZ6 <--W,e)71-tzit.,ti fra/,(3, ,eno.) -A-1--L 97DaS f . Ileg17 51.,9 ,,,,ri.,;, epiLe.,4 9700-7 ( A .5$o se.) .5' -2- e% 1A.C�' oike-40-n gc./jr -!/1 ,,,�� 266 chw ai. Le ell 97/40 Ig03q s4) P 1 A/755'JLJ Q Qed. -s" Pollard 97 air r .,:,.A 4., ",!_•Jam. j/5-30 —i(/ (1'`cl7 /t e. ab-4,04) 97`„'/ To: Tigard City Council From: Friends of Tigard Assembly of God and/or Gaarde Christian School who live. out i the city of Tigard, but who will be strongly affected by approval/denia o the Conditional Use Permit C We, the undersigned, are residents outside the city of Tigard, Oregon but supporters of Tigard Assembly of God Church and/or Gaarde Christian School. We are registering our strong support to appeal the decision, denying the Conditional Use Permit, rendered by the Hearing's Officer. Name / Address , 4`ade.t} Nn, eei,c.c 275 S E o jthA,:i /- ,)/0/ i PU/r) ,..Sta e&LA au, zi-r-4,, ..,,,qz2_,_ gym (.., d (_e .eJa_. / f 3.(5.x it,6 13 , / / 1 dze,c , ''l. Q. i 132`x`5 Su) uei v- .v ?7ciS 76'6)7 ,....3t7,7,(,/ ":4_____ L25x)-51A): /afiti ae *aii,e 70°3- -A c.n l" .8 ,(11 a 7 SKI `1547,fr. Iii (S0/7r /� q?�76 C9Su ��L rz7 3w `Y-S`� w;(. �.b m E26- ,C9. -h.k.‹.-m.„ ri,-i,_<- cilui ZL,,-,_„t.A_,_,z.. . e-cs,_ ,. ?70,D.5-- -- -ire2ff Z--- --7-736 •sc6. 7-474/4120- 7Z-_-koZ2/2-y AO • ga6-r-f97e7.93 / -I / , I 4. ��__ _ - „_ 5;2,7 o to 0P aa1 e.rra..,r Pee `j ?o O,5" (h&---A o &'% 6'32O c.L) /y j0 o 37_ 7703s— • d \sw�.e� 1 4 04 0 S l a3.�(Y1 r.\v-e \A , Ck' ' <cAvie,V oY\ 9-700-5- . L —�e**-3.,`_ 1I3 (-49 Sul k s-t-(,- S i nMZ,-3 t- h, 767/7 5.E.. Mood, sr I miL.v,i44a Klfi� 97 _� -e___ 27 ZJ s'(-Li ))-P s Pill cc�I0 9 044 J &idea ?? ,510 ao v«nc%e - /r-t ac- i M4,7 ,4„6 Le i 1.5'75!9 5:E. 4.1 1i . Indazo it/ii %747 / , 0 (.e.,.. 7 , • , , _ 90 A/ i‘, , , /, fil- /-1(,/ 23-- CiG' zi_) Ae,,,,) 5?'06 ,/e) `' bit C a a,L.,,,L rA,),Li-ea__ . 9/ aL,acX. /217 9'>'e6. .., 1 . To: Tigard City Council From: Friends of Tigard Assembly of God and/or Gaarde Christian School who live outside the city of Tigard, but who will be strongly affected by approval/denial of the Conditional Use Permit We, the undersigned, are sasidents outside the city of Tigard, Oregon but supporters of Tigard Assembly of God Church and/or Gaarde Christian School. We are registering our strong support to appeal the decision, denying the Conditional Use Permit, rendered by the Hearing's Officer. Name Address `i� c �zo— ' / 1/0, Ze Cnr�� �, 2 9700/ ,Q &rte 77/}16 aM.v)CA -h/ A1-4'1L' . ,. :•... „ .. if,,,., /,. �:-..• rte 77/3 �� I ft 6Et----- a,9 o.e�,.-, .15-9V) 50 ✓ 5n p ;-w�Oz I„" S,Q.o�,s.Jo-off Dec 97/VOI /.76-07 /.el n CA,. SA# 1, t.a- ,-e. ,61 l7i// . .� . . . . � iii . ick n t 5 5 - L i A of rt, (,c-Q rur 6 2 q-)/Yo _, , :7}6,uAdv-LzH7R-3 i-b /kap 7tu'in QQ C -- �_d'a_ C'-4 7at- ,� „ .AzcP/- /3, )h.,)//)(7/90/;0A0 9 y/i/O /i)r /, R ^-, 4 iz COC h ra',I, hoc nr-,q)/4/b `i eSM 5--5- 5 f).) FQ bvj c a 1 ►n Pec1vPc or Or i irj / 2/5 0 6 ':, '- _ i ,, ?767 W' L' 0 ti: 0. --.. or i' 2 ..,q,„› ., , I ' 0 ./i. 7/-T0 6Av,/l09 .A., 4. ,iv. 976V 7 .- - � g7o�y P-,1 ' //6,55 S-w G \{``tea/5 lu.daiti or J_'LL .E ii, 11, // / q(a6S Xtt.D6eA F¢ ,�c� a- z c`7cxo /% /7g6f- S(x/Si6a fr Lim /ui-//4w 0,4, 97I i 04/ , / .% f P 1 /y / f r k _. r •�� • ,.i,. `?)(e)a.5 sW IN\ cryo Y-tcrS) .,©.y,. Q-i D: 3 IMM MO To: Tigard City Council From: Friends of Tigard Assembly of God and/or Gaarde Christian School who the city of Tigard, but who will be strongly affected " live •� by approval/denial of the Conditional Use Permit We, the undersigned, are residents outside the city of Tigard, Oregon but supporters of Tigard Assembly of God Church and/or Gaarde Christian School. We are registering our strong support to appeal the decision, denying the i. i Condit'onal Use Permit, rendered by the Hearing's Officer. E N- i Address } / 11111 0 -- 2 7795r- sV 14-pp gzi_ 0 -Cle/c 14/00 e 90i c, ,,10r 200 S Sr v trsi-c_ii , 5 4 .y _ , i 14 21556 - ?t(ed ^ -Ai,te_10C D,t ....4.r40i c 1 0000 S .,..> -1_, , a,,, DR 1111b C ..___„._. i WA / 11:4 6 ' ,‘_,-,_.e......... - ---,e....Er---fre- C.Z3',...kc___ . ,h. -5-7 encircer,-) __.-S--:--)-014,4-,0-71 OZ r (S el X.4-,y4 6;.4. • „. ..•'4 I _A A•%.-.it .•,I, Al .4.,_ ___- WI Ab. • �-` 4 4 d�le .� 9.191 f-G-. 'c �` k -�� ,i j'r 5'0;3 6 Sr CO, 6 A-14- J7-. Aso dA rd 2V ,,2 C 97t4zS,1j eux 007° th Q7o05,-- /3/65-s-w - 7,447- -G1i z .4Be-grkilvit peg dt ,/� _ �, .,_,�44.i - •. e..„..../.. 1 4/ I .114.44 2 ' .ill - ./ l . 0 . !,2, 471 • ( - °. k. '- 4. AA_ t' ,41%, _, . 9 rte( 4114 t), '"A f . . To: Tigard City Council i From: Friends of Tigard Assembly of God and/or Gaarde Christian School who live outside the city of Tigard, but who will be strongly affected it by approval/denial of the Conditional Use Permit We, the undersigned, are residents outside the city of Tigard, Oregon but supporters of Tigard Assembly of God Church and/or Gaarde Christian School. We are registering our strong support to appeal the decision, denying the Conditional Use Permit, rendered by the Hearing's Officer. Name Address C �,�, Ue c c,ti-rx2 27 0 S w /9 S -ter'c r � I �� b S � �:... J i _ , ( � _ ti -� AIIIII3gdsi.,,,,,,t- .44,,,,:,,d " 4 ,, /- - i r), titi/�° � _�( . . _ ,_ '/ L ��; . �% �� _ `/4 • ,ma c 6 1 y r i f � �� , i 4_5_-__,. n �. '.{f, S C' -, A--cd, '? 7035 ...„7"......„,„„,,, __ � 93r .5 p— - --- e L" t -- 9 7/V� �7� 1/IV Ziv) s. _ \qF., . &\1� Q1.-OSA oR on oc ..:di �t�� a 2 563 1-762. �e c � .--04W/Aa-k2 , /Y. I �[.i sol. .e/1 / -' . ',AiLG- . ./ . To: Tigard City Council From: Friends of Tigard Assembly of God and/or Gaarde Christian School who live outside the city of Tigard, but who will be stY•ongly affected by app apPITATaiNilitr.61 the Conditional Use Permit We, the undersigned, are resident outside the city)of Tigard, Oregon but supporters of Tigard Assembly .of Go Church and/or Gaarde Christian School. We are registering our strong support to appeal the decision, denying the Conditional Use Permit, rendered by the Hearing's Officer. Name Address •212444..„„ r!._.(9/, e,„024 0 'i ; �� ;qL���.7,1/q-," oi; i'lok. i9 4 `�LL1 ( t .t 1 (e_A'ni1tA. _L A_ c1 i v (i l l •/ L7Lk-1 aYi/r •:-..)4-FG ir'3"7_.1*L:-/jam .% oil /KLI/q :, .,, . ' `-moi �;,/� G.,44ver_ P�- oeg /d y5/ .1-<_) s,'icff?_ ,� 1 .ice '.i 401 Oe fil • ... �, ._ 1?-2 ( J Si / (-/i0E(�li,4 /�ic�jc�0( -7�/�)o<< der`, "i'A;- lti 1016( 1601-UCA a( • Th A 'C i .�, er 1-yA sit) ; . . Oit,-,, H , R , --5D a30q- oVk. C-4 . �c , e-P cr713 a--- p0d-iia g3zYVe. � _ 7�zZ,v z ��u( G713 // , ' i J7/2 - ��' ji.4) -5(er- Ay1- # ( 972/cj To: Tigard City Council From: Friends of Tigard Assembly of God and/or Gaarde Christian School who live outside the city of Tigard, but who will be strongly affected by approval/denial of the Conditional Use Permit We, the undersigned, are residents outside the city of Tigard, Oregon but supporters of Tigard Assembly of God Church and/or Gaarde Christian School. We are registering our strong support to appeal the decision, denying the Conditional Use Permit, rendered by the Hearing's Officer. Name Address `�J Tigard Assembly of God 11265 S.W.Gaarde Street Tigard, Oregon 97223 Phone: 639-5336 Ken Frank, Pastor March 20, 1989 TO: All members and attenders of T.A.G. , and parents of Gaarde Christian School RE: Conditional Use Hearing, March 23 Dear friend, As an important friend of T.A.G. and G.C.S. , I am writing to urge you to PLEASE make every effort to attend our Gymnasium Conditional Use Hearing scheduled for this Thursday, March 23rd, at 7 :00 pm. It has been brought to our attention that some neighbors are preparing to fight our proposed plan for building. I realize each of you is very busy, but we would hate to see a vocal minority prevent our much-needed building from becoming reality. There is strength in numbers! ! We particularly need G.C.S . parents to supoort us during this very critical meeting. Also, please be in prayer with us that God will work all things for His benefit! We have an architect, plans, fund-raising program, and are gearing to begin con traction as soon as possible-- please join us as we seek approval from the City of Tigard to go ahead with our prd�ect! We need you there! ! Thursday, March 23 7:00 p.m. In His Service, Tigard City Hall Tigard Civic Center Pastor Frank 13125 SW Hall Blvd. The Church Board Sandi Tibbetts, principal Harold Dickhous, PFA pres. J A Growing Church forA Growing Community I I 4, - ' " W Hi ^. U 0, ••.. I I-, • - 'D UI (0 G r, 3 .,.I In ••••3 • IC _ • co :.i ,4 > 4J I:_, 1 ,t •.i G . to C • •Ir) 0 to 0 0 (t a) 3 0 1• O .0 4- >, .1 U to "-- -.i t 4) N -.1 N ro U) (f): O ro •HI - 41 u) 0 0 -I v'd 4-) re, a .., -. N a) a) W 0, 0 0 0 rt ,a N -.1 4-I CU U) 0 11 b) U 0 • 3 E ••1 (T 4 0 3 .41 a •.i a) a) rl co •-I • ur b) >, DPI 0 eyaa) o L aai a)4) b alcaca ctS r! 4) -,-4 -+I al 0 AG 44JJ I.) 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These covenoot..7 ore Co` run pith the land Cr:! sholl be bindin., on all parties and oil uersons ciniminq under the for an indefinite pr iod of I irne Frani th[,' oate these covenant': are recr;rded, and con .-.-•=;.',1, -,.-.-1. j - ^ '.- -,, only be cncrled it on .instrument signed by the mnjority of '.;the then .• -.. -.,,... .'. .7,..-... - ,.. o.wrlers or the lots hos. bei recorded„ . 0areeina to Chcnoe said dovenont., . ,...0v.....;.:.1, , , . - , ,, ,,a. wholf or -Aart... 7t)i,...,; eflprespnt.s a total or 47 sianatures, 6orres- ppridtrii wlth: the Alotted 47 lots. ro form-a majority would 'require .'... .;ke.;ftr:7-,.,...-.2,,'T.':. .')- : -'. ' z"4,i• 0 wrhq r.ri 10 ,au r e e . . .., . • , fj..•,.C.:n:-...; ' ., . . , . . . . , , . . • , ' '. .,4,1-i.:,:'• . , ' .i..•! . • . ' tryir. 867 PAsr 158 „ :;f,y,,,, .rir.:,! . ;,.- , .r . . • ,...fr-..',:,,'S:4',''i ,.,.. '...: .,'-'f' _ • •*.' ' I , . . I . . . . ''''i':': '', ':.J . , :. " • . , . . ;- • . . . • ( i • '756 .ffl.' ly f)>i:CARA TiiM CF CCND11JCR..- Ai\ ',;:;;IN ;!:i"'ICi1S ..i v1ko•;:C'UP.1 `( L 10. Enforcement ,.hal i 1..e COY ,pr c(...: I,,., r,* ' . t;3Y.,� ` ''. any persor� or persons V i lC: a ::• . v lo'lot i.any cov nai i� ;f : 1 t in or att: r,i.,tirC f! e covenant ;.(,,.. '. ... either to restrain .'Ii%. ai icy• or to recover r du' 'Ca' S. ... rjt. ' t i`' '4r'i ' ` `` 11. Jhvcrl idol ionOf any of '.'hese covenant S by JLttI4.TPr',' or court • '' i''''.1.•-!• :-..• order .h' 11 in no way affect any oi the other provisions which Shall rrt es reamin in full force and effect . ut rt S t h,� + Done at r•ortland, Creoan this /,,-.7 day of ytyr fn i r ____— 1?1/' ___ _, 1':,/2. r ` CC,L(1Pr IA i,ti.:.:TCA' I,c:,,,t S J .',.;4:- ,vick 61.,n i C k• rk n e.r ,e ' ryober t L. h-ur!d i sh, Cwner r • . ,1 iris ! d f c,i' �:�1,ciy ..._...— —._.._ 1' . L_?_:._. ei-SonaI l}' C2ppiiOred i)t . . .. !:.., !:.' 15-.4 1 __, .. Lh}'G cj1 • ,fi r-('�b" • Ci: `<aK _T..__ C:�. ,..;:(.',0:. r 6�'ir,`<•) 1,0 I0/- ri:i . in.str urr'ent Io be t'1—,i,— V,,l1.p -Lclt y ::t;i r-r,Li (Ice.''7. . -:ei'or :ne: 'h i i :/ :‘, 2:07 '., Y•; �,• -/ ! 14.fary I ur-ii iC Fcr` ,.re,ionr • •";';1... ',„` • /:v , cr:F7issro i GYpire..: 7 //cq r,�CJ..t) ' —9 it _i , Sin'"E f)1 Ot+E.::C'' t r b! _ - ;C,.t:rty r I WO'J''4tin t-: t - ... ..r I N Th r,t tn. ! ,tGCtyr Li. RGC•.NIx. i k [, y� 3tni Fir.ct n 1 nu K Of'.ru ilc“;rCLrr c•f (:on .; :,� • r :. '' (}K '159 . ,..,,,„„4e% f:r. s'sd c.•�rr.y. ,r1•'hdt.hy ri riify _ � 1 `AG ii,,t itL wohin inon2n...nt 4t Wrlhr was r 1(.uwcrf ,nd rd'crdcd in bnt c,of Ltt 4T1., r P„ • ;•f mid (:,Aunty. r <• • k `•Jitnc, r hood ,:d <,ol utfrAed , t RCtS^;2 `THOHSSEN. 6trtdcr of k • y a)y,� p, t�,;• i', Rrrard $ E!cUrcn ., fix' 'aa • Ac. f ;T'.• Zr4"r' s; ilil t r 'ie.;Ftp.;i7/ r 617 CITY OF TIGARD, OREGON (77 COUNCIL AGENDA ITEM SUMMARY AGENDA OF: May 8, 1989 DATE SUBMITTED: April 27, 1989 ISSUE/AGENDA TITLE: Public Hearin. : •REVIOUS ACTION: Council Initiated Vacation of a Public Pedestrian /' ; Vacation Proceedings 3/27/89; Res. 89-19 Access Easem=,rt-Cotswald Meado = / PREPARED BY: Development Services Mgr. DEPT HEAD O:,sill CITY ADMIN 0 REQUESTED BY: Adjoining Property Owners -!II I=- PLICY ISSUE Should the City vacate an unimproved public pedestrian access easement if it is not required to meet pedestrian access needs? INFORMATION SUMMARY The City Council initiated this vacation request at their meeting of March 27, 1989. When the Cotswald Meadows No. 3 subdivision was approved, the Planning Commission required that a public pedestrian access easement be provided between lots 107 and 108. The purpose of this easement was to provide access to a commercially zoned property just west of the Cotswald Meadows No. 3 subdivision. At the request of the adjacent property owners the Planning Commission recently reviewed the original condition and determined that the access should be eliminated. The Commission reversed their earlier position based on their finding that adequate access was provided on nearby streets and that having an access between those two lots would be disruptive to the adjoining property owners. Utility service and public safety providers have reviewed the proposal and have no objections. ALTERNATIVES CONSIDERED 1. Approve the vacation request by passing the attached ordinance as presented. 2. Direct staff to prepare a resolution denying the vacation request. FISCAL IMPACT • There are no direct financial impacts. SUGGESTED ACTION Staff recommends that the Council approve the vacation by passing the attached ordinance as presented. jj ! [J • MAP TO ACCOMPANY DESCRIPTION4 T2S R1W SECTION NE 1/4 NW 1/4 cortouul• `5 o.uc WITHIN THE -N- ti . 1111 ,,,, .... ,„. . L _ .z. . L .� I . ,. - 800• lai _� at. sofa—. " 41 ._........_. 1111, i _s.s„o. .0... s,.. .1.,...;,s,lC VID sr a I 0 04 44 VA . . WESTERN '• liWia r •, .ri nII DIVISION OFFICE • x •-NSUMMERLAKE R� \ / .1 II �«r...r•• 1 S.II 1 / /. " MEFi'CL CR E )•j. .. 7 1 i I I V. ne:i to.1‘I a 4 ira:17*, ti: * ..(.y�o(w�r�LwT. . I' ��iii !. a. rrae■D UT.. . s.. it IIS II : CC um al Li1M•• .. L.,A,.D�� 's, `I PROPOSED VACATION A 1.� IMF I i '" 'i '' i " II15' PEDESTRIAN PATH Nr `s rollw«s t� «11.1 D•. 11111 115,1041\ ■■■��� E 11■�1/� 3 '33 z a■I■■IL' 5 4 .. -- CIWI i ll ■�o +�/11���■■■ ■ ----i-kw.,—.- .7------,1 Et7EN510N —`\ ;1 ■��1E, a lti ■ i Eiji; 1 )1 . ‘ , in .- Irdiv...-- IN ... ft S i D iCO 1 airfikw : Wittv041, ••: T. - t.. =WRIT sr. 1Ii !i r.5123L....'4,............... 1,1IT '\Vik. .\4 .*:,..,.....,....... 1 MI ss,,.....f ..........._. — ----....,... so. . a MIMI - I Tri — --,:n; .,„___-_____ . . . 1 1 , . . . .: t., ... ,... ill IwA H1t CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: May 8, 1989 DATE SUBMITTED: April 27, 1989 ISSUE/AGENDA TITLE: Public Hearing: PREVIOUS ACTION: Council Initiated Vacation of a Portion of SW 661/ Vacation Proceedings 3/27/89; Res 89-18 Avenue �. / // PREPARED BY: Development Services Mgr DEPT HEAD O' 6A CITY ADMIN OE( i REQUESTED BY: Jim Corliss (Landmark Ford) LICY ISSUE Should the City vacate a public st eet right-of-way if said vaction enhances a property's further development potential, and the right-of-way is not needed now or in the future for public street purposes? INFORMATION SUMMARY The City Council initiated this vacation request at their meeting of March 27, 1989. Jim Corliss, president of Landmark Ford, has requested that a portion of SW 66th Avenue near the Landmark Ford dealership be vacated. The portion of SW 66th Avenue proposed for vacation is located near the northeast corner of the dealership's property and is approximately 160 feet long (see attached map) . The only other adjoining property owner, the Oregon Department of Transportation (ODOT), has reviewed the proposal and has no objections. However, certain issues affecting an agreement between Jim Corliss and ODOT have yet to be addressed adequately. These issues have a direct relationship to the proposed vacation. Mr. Corliss is requesting that Council postpone their decision and continue the hearing until June 12, 1989. This should allow sufficient time for ODOT and Jim Corliss to resolve these issues. Since the Council had set a specific date for the public hearing, this items had to be placed on the May 8th agenda. ALTERNATIVES CONSIDERED 1. Continue the public hearing on June 12, 1989, allowing the applicant and Oregon Department of Transportation (ODOT) to work through certain unresolved issues. 2. Direct staff to prepare a resolution denying the proposed vacation. FISCAL IMPACT There are no direct financial impacts, however, vacating the right-of-way would return publicly controlled property back to private owners and therefore increase the City's assessed value. SUGGESTED ACTION Staff recommends that Council not make any decisions now and continue the public hearing on June 12, 1989, allowing the applicant and Oregon Department of Transportation to work through certain unresolved issues. EXHIBIT "A" A tract of land located in the northeast quarter of Section 1, Township 2 South, Range 1 West Willamette Meridian, City of Tigard, Washington County, Oregon being described as follows: Beginning at the southeast corner of Lot 26, Block 14, West Portland Heights, a recorded plat, Washington County Plat Records; thence West, on the south line of said Lot 26, 20.0 feet; thence South 18° 26' 06" East, 63.25 feet to the northeast corner of Lot 8, Block 17, said West Portland Heights; thence South, on the east line of said Lot 8, 100.0 feet to the southeast corner thereof; thence East, 60.0 feet; thence North, 160.0 feet; thence West, 60.0 feet to the point of beginning. REGISTERED PROFESSIONAL LAND SURVEYOR 4-70. /7- 69 OREGO JANUARY 15.t!R JON T.FEIGION #2252 I MAP TO ACCOMPANY DESCRIPTION` I WITHIN THE SE 1/4 SE 1/4 SECTION 36 TIS RIW AND THE •NE 1/4 NE 1/4 SECTION 1 T2S RIW _N_ i WI OAF 1" = 100• 1-5 ON RAMP t I r'. SS GO 4800 4a•4•''.y1 • m 5800 4900 5000 I �. 5700 • AREA • TO BE VACATED . T 5100 • •■ ■ ■ •! FORMER DARTMOUTH ST ALIGNMENT 'i 1700 100• \.4,:� _ ■ p a + ■ r •< t 0 RI 2 1 .1400 400 + m 1 . -lrr � i. Z m EXISTING ACCESS Ca CD I= _I 1 + 1301 4- 1200 I > A m m L1J 401 CITY OF TIGARD, OREGON Ir- COUNCIL AGENDA ITEM SUMMARY AGENDA OF: 5/8/89 D TE SUBMITTED: 5/1/89 ISSUE/AGENDA TITLE: Pacific VIOUS ACTION: Corporate Center LID iPREPARED BY: Ed Murphy DEPT HEAD •.4 0) CITY ADMIN O ' III / REQUESTED BY: POL CY ISSUE Shall the Council receive the prel inary engineer's report on the proposed Pacific Corporate Center LID and set date for a public hearing? INFORMATION SUMMARY In June the Council received a petition requesting consideration of formation of a local improvement district for street and utility improvements on the Pacific Corporate Center property. The Council directed staff to have the preliminary engineering report prepared. The preliminary engineering report is attached. This is intended to ultimately be a single-owner LID and is consistent with the policies for single-owner LID's as stated in Resolution No. 89-12. Based on the preliminary engineering report, it appears that the proposed LID is feasible and should be formed. Section 2.2 of the City's LID Manual identifies priorities for LID projects. The proposed project qualifies as a second priority project, as it is in an undeveloped commercial area, is intended to encourage economic development, and includes the construction of sewers, streets, sidewalks, and storm drains. The priority system was apparently established to assure that second and third priority LID projects would be considered only when the City's bonding capacity was adequate. The Finance Director has indicated that the City's current bonding capacity is adequate to cover the proposed LID. In order for the LID to proceed, the Council will need to set a date for a public hearing. ALTERNATIVES CONSIDERED 1. Adopt a resolution of intent setting a date for a public hearing. 2. Direct that the preliminary engineer's report be amended and brought back at a future date. 3. Direct that the LID be abandoned. FISCAL IMPACT All costs will be paid by the LID. SUGGESTED ACTION Staff recommends approval of the attached resolution accepting the preliminary engineer's report and setting a hearing date of May 22, 1989. dj/SS-P-LID.RW Eiji r48-- -- s � If� Mme1.i4..,a:mcata es., yTT -. ,, sa,w'- -,..:i.'".,:'",,..";.,,'*:....s a- .a a s 3* -s =b^.- .�s-''-i--Zi - . "-.',',^ ; .;,... ?,..'-'7,-''''''''''-'' y '. - to � r '. PRELIMINARY ENGINEERING REPORT PACIFIC CORPORATE CENTER L.I.D. PREPARED FOR 1 , ., CITY OF TIGARD ; APRIL 28, 1989 4 � '- 7� ''''.'.0 . Y IEs ) � , .._..... . . � � �b 51 „'Q <Y 13i ...._„,....,,,,,,.. Tj ...... • `!, G LFN4 FN" ' 1 3 Prepared By - � . F. Mackenzie Engineering Incorporated L '-.4 :'- P.O. Box 69039 " Portland_ OR 97201--0039 4. - ElProject Number 188778.003 : re ., a 4, , II li TABLE OF CONTENTS IPAGE Introduction 1 IScope of Work 2 Base Mapping 4 L.I.D. Boundary and Legal Descriptions 5 Design Requirements 6 Preliminary Design 7 [ Horizontal Alignment 7 1 [ Vertical Alignment 7 Typical Pavement Section 8 Signalization 8 Earthwork 9 Intersections 9 Right of Way Dedication 10 Utility Services 11 Water 11 Sanitary Sewer 11 IIStorm Drainage 11 Landscaping 12 Traffic Analysis 13 Project Cost Estimate 14 L.I.D. Assessment Schedule 15 IFAppendix (- Legal Description/Proposed L.I.D. Boundary Detailed Cost Estimate ITraffic Study Follow Up Letter IF IF .r IINTRODUCTION The preparation of this preliminary engineering report was authorized by the City of Tigard under City of Tigard Resolution No. 89-29 directing the staff to have a preliminary engineering report prepared regarding the feasibility of providing street improvements through the formation of a local improvement district in the area bounded by Interstate 5, Upper Boones Ferry Road, S.W. 72nd Avenue, and Bonita Road. This report presents a base map indicating the preliminary alignment for a series of three new roads on a generally undeveloped site. The report provides a legal description for the L.I.D. boundary, a summary of preliminary engineering, a construction cost estimate, a traffic analysis, and an L.I.D. assessment roll. 1r II IF 11 I 1 I , 1 Ic SCOPE OF WORK The preliminary engineer's report has been prepared in accordance with City of Tigard Resolution No. 89-12. The general location of the proposed L.I.D. is bounded by Interstate 5 on the east, Upper Boones Ferry Road on the south, S.W. 72nd on the west, and Bonita Road on the north. See Figure 1. The construction project will consist of a north-south road between Upper Boones Ferry Road and Bonita Road, denoted as "A" Road; and two east-west roads connecting S.W. 72nd and "A" Road. The southern east-west road is denoted as "B" Road and the north east-west road is denoted as "C" Road. A half-street improvement along the north side of Upper Boones Ferry between "A" Road and the I-5 southbound off-ramp, and signalization of the new "A' Road/Upper Boones Ferry intersection will be included. Road construction will include grading, paving, curbs, sidewalk, storm sewer, sanitary sewer, street lights, and striping work. A water distribution system will also be included in the L.I.D. Underground power, telephone, and cable television systems will be installed concurrent with the construction, but will be separate from and not funded by the L.I.D. The preliminary engineering report will include the following: 1. Maps showing the L.I.D. boundary, tax lots within the L.I.D., and right-of- way to be acquired. 2. A legal description of the proposed L.I.D. boundary. E 3. An outline of the preliminary design. 4. An estimate of the construction costs. 11[ 5. A traffic analysis projecting volumes to the year 2000. The preliminary design shown in this report is based on a preliminary subdivision plat proposal currently being reviewed by the City of Tigard. Final design will be ir 1 IL revised as necessary to comply with any conditions placed on the preliminary plat approval by the CitY's approvalproval authority.. IL I 11 I - 2 - I rt R Vancouver 1 filif '''‘:,:b.,.,:''''INP• • .i ..,.. Portland _• • NE r . :: 1 A ,vd I t*-74\ . iiiiiim...,.. ...__,...„,....,1,11,••_•..:,.5_...04v,% 0 04, Portland 010114111 eA ; ��l �, IA{qpiplai . t . o ( p: Beaverton O.i;.::::.•:. '• E. Z X'- 1,,... 0 M ivy Milwaukie ,, .~ Tigard .�. il SITE � Tualatin • (17/ Vicinity Map IWilsonville • 0 North ' PACIFIC CORPORATE CENTER LID. BY • 1 ( FIGURE 1 DATE JOB NO. El IT MjACKFlu7W ENGINFFRING INCORPORATED U 0690 S.W.BANCROFT STREET PORTLAND,OREGON 97201(503)224.9560 SHT. OF P.O.BOX 69039 PORTLAND,OREGON 97201 FAX(503)228.1265 ©MACKENZIE ENGINEERING INCORPORATED 1956 AL1 RIGHTS RESERVED IF BASE MAPPING The L.I.D. base map was compiled from 1 inch = 100 feet 1974 aerial topographic maps provided by the City of Tigard. Horizontal dimensions and ground elevations used for preliminary design are based on scaled dimensions, property line locations, and ground elevations represented on the Ir above described maps. Field surveys to verify centerline alignment and property line locations are beyond the scope of this report. r I 1: r r I 11 I 11 - 4 - I I y. L.I.D. BOUNDARY AND LEGAL DESCRIPTION The legal description was prepared by David Evans and Associates, Inc., and can be found in the appendix. I F I r II I I r C - 5 - IF DESIGN REQUIREMENTS A, B, AND C ROADS Road Classification and Typical Section -The roads will be designated as Commercial/Industrial streets. 1 -Right of way width is 65 feet. -Street width is generally 40 feet between curbs. -Lane configuration includes two travel lanes plus a continuous left turn lane. No parking will be allowed on the street. -Sidewalks 5 feet wide with a landscape strip located on each side will be provided. Design Speed and Geometry -The design speed for A, B, and C roads is 35 mph. The "A" Road approach to Upper Boones Ferry will be posted at 25 mph. tr . -Vertical and horizontal geometry Improvement conforms to the Design City of Standards. Standards and to Washington County Uniform • UPPER BOONES FERRY ROAD Road Classification and Typical Section *Upper Boones Ferry is classified as a major collector. -Right of way width is a minimum of 80 feet. -Existing street width is nominally 57 feet between curbs. ill -Lane configuration between "A" Road and the 1-5 westbou d travel lanest anconthnuouse wleftiturndlane� eastbound travel lanes, two wes and a bike path along the south curb line. 11 Sidewalks, adjacent to the curb, will be five Ferry Road.with a landscape strip provided along the north side of pp Design Speed and Geometry 11 -The design speed for Upper Boones Ferry Road is 35 mph. -Vertical and horizontal geometry conforms to thDehegCityaof f Tigard Standards and to Washington County Uniform Road Improvement - 6 - IF ; I' 1- 1 PRELIMINARY DESIGN liHorizontal Alignment r "A" Road The south end of "A" Road begins at the proposed intersection with Upper Boones Ferry Road with a centerline tangent section forming a 75 degree angle of ir intersection with the centerline of Upper Boones Ferry Road. The centerline of "A" Road then follows a 290 foot radius curve approximately 224 feet. The road then runs through a series of four 500 to 800 foot radius curves while generally l' maintaining a northerly bearing. The total length from centerline of Upper Boones Ferry to the centerline of Bonita Road is 3,380 lineal feet. Horizontal alignment is safe for stopping sight distance requirements for the 35 mile per hour design r speed. "B" Road The west end of "B" Road intersects with S.W. 72nd Avenue at approximately 1,700 feet north of the S.W. 72nd and Upper Boones Ferry intersection. "B" Road forms a 90 degree intersection at S.W. 72nd. The road continues to the east approximately 400 feet. The alignment then follows a 325 foot radius curve to the right a distance of 131 feet. A 673 foot tangent section provides the connection to "A" Road. From centerline of S.W. 72nd Avenue to centerline of "A" Road, "B" Road is I- a total of 587 feet long. "C" Road I The west end of "C" Road intersects S.W. 72nd approximately 660 feet north of "B" Road. "C" Road also forms a 90 degree angle with S.W. 72nd. The alignment proceeds easterly 550 feet to the intersection with "A" Road. This intersection also forms a 90 degree angle. S.W.l7The total the length ofe of "ARod Road.is s 549 lineal feet from the centerline of Upper Boones Ferry Widening The horizontal alignment for the curb line of the half-street improvements parallels the centerline of Boones Ferry Road and is set at 14 feet north of the existing north gutter/edge of pavement line. Vertical Alignment I "A" Road Vertical alignment for "A" Road is controlled by the existing grades at the north and south intersections of Bonita Road and Upper Boones Ferry Road, respectively, and by the existing topography. Washington County Standards for grades and sight r distance are met at the Upper Boones Ferry intersection by developing a landing I .e. area of about 100 feet in length and 0.5 percent grade. From this point north, IF the grades vary from 0.5 percent to approximately 3 percent, with the flattest section (0.5 percent) occurring near the north end. A 150 foot landing area at 0.5 percent slope is provided at the connection to Bonita Road. °B" and "C" Roads The vertical alignment for both roads is controlled by S.W. 72nd at the west and by "A" Road to the east. At "B" Road, a 150 foot landing area at approximately 1 percent grade is provided at 72nd Avenue. The landing area at S.W. 72nd and "C" Road is set at approximately 0.60 percent and extends approximately 300 feet. Upper Boones Ferry Widening The vertical alignment for the half-street improvements generally parallels the existing gutter line/edge of pavement. The existing cross slopes were extended to the proposed gutter line. Cross slopes for the widened area are 2 percent to 4 percent. The gutterline profile varies from 6.2 percent near the I-5 southbound off ramp to 10 percent near the "A" Road/Upper Boones Ferry intersection. Transitions in grade are accomplished using three grade breaks. Typical Pavement Section °A°, °B°, and °C° Roads "A", "B", and "C" Roads will conform to City of Tigard Standards, Commercial Street Section, and two options for the sections will be provided. One option is an asphaltic concrete section consisting of 4 inches of asphaltic concrete over 16 inches of aggregate base at "A" Road and 4 inches of asphaltic concrete over 12 inches of aggregate base at "B" and "C" Roads. The second option is a portland cement concrete section consisting of 8 inches of portland cement concrete over 4 inches of aggregate base for Roads "A", "B", and "C". Only the first option is reflected in the cost estimate. Upper Boones Ferry Widening The half-street section will conform to City of Tigard Standards, Major Collector Street Section. The section consists of 4 inches asphaltic concrete over 16 inches of aggregate base. Signalization Due to the large volume of vehicles currently utilizing Upper Boones Ferry Road and the large volume projected upon development of properties tributary to "A" Road, signalization of the "A" Road/Upper Boones Ferry intersection is being included in this I.I.D. The signalization package will consist of a fully activated eight-phase system providing both railroad and fire pre-emption capabilities. Design of these improvements will conform to the latest Oregon Department of Transportation Standard Specifications. - 8 - • II 17 1 Provision of railroad pre-emption will be coordinated with both the Public Utility li Commission (the agency governing railroad grade crossings) and the Southern Pacific Railroad (owners of the adjacent track). The traffic signal will utilize existing empty electrical conduit provided along the south side of Upper Boones Ferry Road. ir This conduit extends from S.W. 72nd Avenue east to the west I-5 interchange intersection. Earthwork li "A", "B", and "C" Roads IF Earthwork for "A", "B", and "C" Roads will include removal of existing asphaltic concrete paving along the alignment and excavation (cut) and embankment (fill) to design grades. Fill to an average depth of 3 feet is required along the "A" Road alignment, from approximately 30 feet to 400 feet north of Upper Boones Ferry I. Road. Cut will be required for approximately the next 250 feet to an average depth of 4 feet. The balance of "A" Road typically follows the existing ground profile north to Bonita Road, with cut and fill depths on the order of 1 foot. "B" and "C" Roads generally conform to the existing grades, with cut and fill depths on the order of 1 foot. f- Upper Boones Ferry Widening Earthwork for the half-street improvements will consist of fill to an average 9 depth of 8 feet. A slope of 2 feet horizontal to 1 foot vertical will commence 3 feet behind the sidewalk and will generally require 5 to 20 foot wide slope easements. Intersections Upper Boones Ferry at "A" Road 1: The construction of "A" Road will begin at Upper Boones Ferry Road. Upper Boones Ferry is a three lane Major Collector street with an existing paved width of 57 feet. Due to the large number of right turn movements expected from Upper Boones I Ferry to "A" Road, a right turn lane is provided on the north side of Upper Boones Ferry east of"A" Road. This lane will continue east to the I-5 southbound off , ramp. The additional lane will require approximately 14 feet of widening. IRight of way width is variable along this section of Upper Boones Ferry, but is f generally on the order of 120 feet, centered on the existing pavement. Approximately 1,400 square feet of right-of-way will be required along the north I side of Upper Boones Ferry Road. 1 On the south side of Upper Boones Ferry, across from "A" Road, there is currently II a 40 foot wide driveway which serves several businesses. The driveway will remain 40 feet wide but will be realigned to match "A" Road on the north. or P li a 1 72nd Avenue at "B" Road and "C" Road (new intersections) rThe new intersections are designed to meet City of Tigard Standards for stopping sight distance, grades, and horizontal geometry. Both intersections form approximately 90 degree angles, and grades of "B" Road and "C" Road are 1 percent or less, providing a relatively level landing area at 72nd. Bonita and "A" Road (new intersection) The new intersection is designed to conform to the City of Tigard Standards for stopping sight distance, grades, and horizontal geometry. The intersection forms C a 90 degree angle at Bonita, and an approach grade of 0.5% on "A" Road provides a 150 foot landing area. Right of Way Dedication "A", "B", and "C" Roads The entire 65 foot right-of-way dedication will be required for "A", "B", and "C" Roads, as no right-of-way presently exists along these alignments. This width will increase at the intersection of "A" Road and Upper Boones Ferry Road, due to the widening of the roadway in this area. Upper Boones Ferry Road Widening I As noted previously, right-of-way width varies in this section of Upper Boones Ferry Road and is generally 120 feet. A section of right-of-way on the north side, approximately 10 feet wide by 140 feet long will be required. Intersections Along 72nd Avenue S.W. 72nd is designated a Major Collector, in accordance with City of Tigard Standards, with a right-of-way of 60 feet in the area of the proposed intersections. This right-of-way is adequate for the improvements proposed. Intersection of Bonita Road and "A" Road S.W. Bonita Road is designated a Major Collector, in accordance with City of Tigard Standards, with a right-of-way of 60 feet and a paved width of 40 feet. This right-of-way width is adequate for the proposed improvements. I - 10 ir UTILITY SERVICES Many utilities already exist in S.W. 72nd Avenue, Bonita Road, and Upper Boones Ferry Road. As part of the L.I.D. , water, sanitary sewers, and storm drainage systems will be constructed. Conduit crossings will be provided to allow future electrical , telephone, and cable services to be located without trench cuts or horizontal boring across the new pavement. It is expected that, although not funded by the L.I.D. , gas, electrical, telephone, and cable installation will be coordinated with the road construction. The intent is to provide all the necessary utilities for the future development of the L.I.D. area. [- Water The Tigard Water District serves the L.I.D. area. A 16 inch main exists on the south side of Bonita Road and a 12 inch main exists on the south side of Upper Boones Ferry Road. Included in this project will be a 12 inch ductile iron wter system along "A", "B", and "C" Roads. Fire hydrants will be placed at 300 foot intervals and 8 inch services will be stubbed out to each lot. Sanitary Sewer A 12 inch line serves the north end of "A" Road from Bonita Road. An 8 inch line exists on the east side of 72nd Avenue. As part of the L.I.D., three separate sanitary sewer systems will be constructed. The first system will serve the southern portion of "A" Road and will serve "B" Road; connection of the first system will be made at S.W. 72nd Avenue. The second system will serve the northern portion of "A" Road; connection of the second system will be made at Bonita Road. The third system is the extension of an existing 8 inch system in the southwest area of the main site. The area of "C" Road can be served from an existing sanitary system in 72nd Avenue. The exact size and location of the system will be determined in the final design phase. Stub outs will be provided at regular intervals. The systems will conform to City of Tigard and Unified Sewerage Agency Standards. 11 Storm Drainage The existing drainage system consists of a combination of underground pipe systems and ditches. Bonita Road, Upper Boones Ferry Road, and 72nd Avenue are all served by underground systems. The storm drainage system for the south end of "A" Road will extend down "B" Road to 72nd Avenue. Two crossings of 72nd Avenue occur near "B" Road: one is a 30 inch diameter culvert and the other is a 20 inch diameter culvert. Connection will be made at the 30 inch culvert. ■ G - 11 - 1 An outflow structure, located at the east L.I.D. boundary near the beginning of the 1-5 southbound off-ramp, discharges onto the site. A ditch will be constructed to direct the flow from this structure to the storm lines serving "A" and "B" Roads. Area west of "A" Road and south of "B" Road will drain to the 20 inch culvert crossing 72nd Avenue near Kable Lane. A system serving "C" Road will also be connected to the 30 inch culvert crossing 72nd Avenue. Preliminary calculations of the capacity of the 30 inch line indicate that on-sitence some slightlyundersized to accept detention of sathe p of cted 25 year storm ter runoff mabe necessary �ru runoff. 30 inch culvert is slightly F The existing storm systems transport runoff to Fanno Creek via a combination of underground pipes and ditches. The system which transports runoff from the 30 inch culvert crossing 72nd Avenue appears to have adequate capacity to accept the flow from the site, based on a 25 year design storm. The north end of "A" Road is served by an existing 21 inch system in Bonita Road. Preliminary calculations indicate adequate capacity in the 21 inch line to accept the flow from north "A" Road, and flow from the property within the L.I.D. boundary which has historically drained to this system. _ The ^ existing singe21which 24rinchorts linesucrossing Bonita to the north andff from the north portion of 'Aconnecting toconsists a 96 exist g inch main which discharges in Fanno Creek. The sizing and location of the storm line will be performed in the final design phase. Line sizing will include runoff from the outfall near I-5, and runoff from parcels 1[ adjacent to the new roads. The intent is to design a system to accept flows generated by development within the L.I.D. boundary. Landscaping Landscape work will consist of City of Tigard approved street trees located in the planting areas adjacent to the roadways. Coordination with the site developer's 11 landscape plans is recommended with the intent of providing a comprehensive landscape design. Utilization of water feature elements of the proposed landscape plan for stormwater detention and possible water quality enhancement will be investigated further. 11 - 12 - I I Ir' TRAFFIC ANALYSIS If A traffic analysis prepared by Mackenzie Engineering Incorporated in December 1988 indicates the need for additional restriping of Upper Boones Ferry Road, east of the proposed L.I.D. boundary, and recommends installation of two additional traffic signals at the I-5/Upper Boones Ferry off/on ramps in addition to the signalization and restriping work at Upper Boones Ferry Road and "A" Road, included in the L.I.D. and described previously. As the restriping and signalization is within State of Oregon right-of-way, it would be unlikely that the State would be able to provide construction documents for the 1989 construction season. The City of Tigard and State of Oregon Department of Transportation staff indicated that these items would not be a part of the L.I.D. Oregon Department of Transportation staff also indicated that S.W. 72nd Avenue, as it is currently configured, has the capacity to accept projected traffic volumes through W the year 2005. The traffic analysis is available in the City of Tigard files. A supplementary letter outlining the need for the Bonita connection is located in the appendix of this report. 111. - 13 - PROJECT COST ESTIMATE IrA cost estimate has been prepared for construction of the L.I.D. The estimated construction costs include the following factors: 1. Estimated 1989 construction costs 2. Construction contingency - 15% 3. Administation, legal, and engineering - 20% I I I I I I I Ir - 14 - It Estimated costs are summarized below: Streets $996,035 Storm Drainage 207,895 IrSanitary Sewers 167,870 Water Systems 168,900 Contingencies (15%) 231,105 irAdministration, Legal, and Engineering (20%) 354,361 TOTAL ESTIMATED PROJECT COST $2,126,166 See the appendix for an itemized cost breakdown. I[ In addition, any costs of right-of-way acquisition will be charged to the L.I.D. It is assumed that all right-of-way within the proposed subdivision will be dedicated at no cost to the L.I.D. It is assumed that the property between the proposed subdivision and Bonita Road will need to be purchased. The County Assessor currently shows the value of this parcel to 11. be $114,300. However, only a portion of the parcel will be required for right-of- way. The actual fair market value of the right-of-way acquisition will be established by an independent appraisal and negotiation. II I I Ir - 15 - II I li 111 { L.I.D. ASSESSMENT SCHEDULE lr Parcels within the L.I.D. boundary will be assessed based on the area of each parcel. The assessment schedule is shown below. I: Tax Lot Area (S.F.) Estimated Cost/S.F. Cost Per T.L. I: 1 171,365 $0.90 $153,669 2 328,312 0.90 294,408 3 235,485 0.90 211,167I: 4 5 251,385 0.90 225,425 323,215 0.90 289,837 6 184,128 0.90 165,114 7 171,365 0.90 153,669 El 8 195,889 0.90 175,660 9 254,521 0.90 228,237 10 255,349 0.90 228,980 ITOTAL 2,371,014 TOTAL COST = 2,126,166 = $0.90/S.F. TOTAL AREA 2,371,014 I: All parcels are owned by Pacific Realty Associates L.P. , 111 S.W. Fifth Avenue, Suite 2950, Portland, OR 97204. 1[ The proposed right-of-way between proposed Lot 10 and Bonita Road is currently owned by John E. and Marietta D. Smets, 6830 S.W. Bonita Road, Tigard, OR 97223. Because the portion of the Smets property within the L.I.D. is all proposed to be purchased as right-of-way, there is no proposed assessment against the Smets property. 1[ There are no outstanding L.I.D. assessments on properties within the proposed L.I.D. boundary. I I II II II - 16 - APPENDIX r r r c r r i r t t r I I I I F F F F 1 . LEGAL DESCRIPTION PROPOSED L.I.D. BOUNDARY I 1 I I 1 I I • PAC013 4-18-89 D.W.B. Page 1 of 3 LEGAL DESCRIPTION PROPOSED LID BOUNDARY A tract of land in the east one-half of Section 12, Township 2 South, Range 1 West, Willamette Meridian, in the City of Tigard, s Washington County, Oregon, said tract being more particularly described as follows: §-31(§j60 � Beginning at the northwest corner of Lot 5, of BONITA GARDENS, as recorded in Plat Book 5, at Page 11, Washington County Plat Records; thence Northerly along the west line of that parcel described in a conveyance to John and Marietta Smets in Book 1016, Page 414, Washington County Book of Records, to the southerly boundary of that parcel described as Parcel 4 in final judgement of the Circuit Court of the State of Oregon for the County of Washington, Case No. 33547, recorded in Book 1017, Page 124, Washington County Deed Records; thence Northerly, tracing the westerly boundary of said Parcel 4, to the south right-of- way of S.W. Bonita Road, being the southeast corner of that parcel dedicated to the public as Parcel 3 in Document No. 83- 41862, Washington County Book of Records; thence Westerly, tracing the south right-of-way of S.W. Bonita Road to the east right-of-way of S.W. 72nd Avenue; thence Southerly, tracing the east right-of-way of S.W. 72nd Avenue to a point which is 300.00 feet southerly of, when measured at right angles to, the centerline of S.W. Bonita Road; thence Easterly, parallel to the centerline of S.W. Bonita Road to the west right-of-way line of S.W. 72nd Avenue; thence Northerly, tracing the west right-of- way of S.W. 72nd Avenue, to the south right-of-way of S.W. Bonita Road; thence Westerly, tracing the south right-of-way of S.W. Bonita Road to a point which lies 300.00 feet westerly from, when measured at right angles to, the centerline of S.W. 72nd Avenue; thence Northerly, parallel to the centerline of S.W. 72nd Avenue, Ito the north right-of-way of S.W. Bonita Road; thence Easterly, tracing the north right-of-way of S.W. Bonita Road to the west right-of-way of S.W. 72nd Avenue; thence Northerly, tracing the west right-of-way of S.W. 72nd Avenue to a point which lies 300.00 feet northerly from, when measured at right angles to, the centerline of S.W. Bonita Road; thence Westerly, parallel with the centerline of S.W. Bonita Road, to the east right-of-way line of S.W. 72nd Avenue; thence Southerly, tracing the east right- of-way of S.W. 72nd Avenue to the north right-of-way of S.W. Bonita Road; thence Easterly, tracing the north right-of-way of S.W. Bonita Road to a point which lies opposite centerline Or DAVID EVANS AND ASSOCIATES.INC ENGINEERS.SURVEYORS.PLANNERS.LANDSCAPE ARCHITECTS OFFICES IN OREGON,WASHINGTON AND CALIFORNIA 2828 S.W.CORBETT AVENUE PORTLAND.OREGON 9'201.4830 (503)2223.6663 FAX(503)223.2'01 E • 1 PAC013 4-18-89 f D.W.B. 1 Page 2 of 3 Station 14+27.30 per stationing as shown on County Survey number 20,596; thence Southerly, parallel to the west line of said parcel described in Book 1016, page 414 to the southerly boundary 1 of said Parcel 4 described in said Book 1017, page 124 ; thence Westerly tracing the southerly boundary of said Parcel 4, to a point which lies 87.50 feet easterly of, when measured at right angles to, the west line of said parcel described in Book 1016, page 414; thence Southerly parallel with the west line of said parcel described in Book 1016, page 414, to the north line of Lot i- , 3ii-i 5, BONITA GARDENS; thence Easterly tracing the north line of said Lot 5, across a vacated alley and continuing along the north line of Lot 2 of said BONITA GARDENS, to the westerly right-of-way line of the R.H. Baldock Freeway (also known as Interstate No. 5) ; thence Southerly, tracing the westerly right-of-way of the R.H. Baldock Freeway to a point opposite Centerline Station "UB3" 148+00 (S.W. Upper Boones Ferry Road) per stationing shown on State Highway Drawing No. 1A-8-6; thence Southeasterly in a straight line, passing through said centerline Station "UB 148+00 to the northeasterly extension of the southeasterly right- of-way of S.W. Upper Boones Ferry Road; thence Southwesterly, tracing the northeasterly extension of the southeasterly right- of-way of S.W. Upper Boones Ferry Road and then along the southeasterly right-of-way of S.W. Upper Boones Ferry Road to the east line of that parcel described as "Parcel A: PTR # 171, 172 and 173" in a conveyance to Pacific Realty Associates LP. in Document No 84-8324 Washington County Book of records, thence Southerly, tracing the east line of said "Parcel A: PTR # 171, 172 and 173" described in said Document No. 84-8324, to a point which lies 100.00 feet southeasterly of, when measured at right angles to, said State Highway Centerline "UB3" (S.W. Upper Boones Ferry Road) ; thence Southwesterly, parallel with said State Highway centerline "UB3" to the northeasterly right-of-way of the Southern Pacific Railroad; thence Northwesterly, tracing the northeasterly right-of-way of the Southern Pacific Railroad to the southeasterly right-of-way of S.W. Upper Boones Ferry Road; thence Southwesterly tracing the southeasterly right-of-way of S.W. Upper Boones Ferry Road to the southwesterly right-of-way line of the Southern Pacific Railroad; thence Southeasterly tracing the southwesterly line of the Southern Pacific Railroad to a point which lies 100.00 feet southeasterly of, when measured at right angles to, said State Highway Centerline "UB3", thence Southwesterly, parallel with said State Highway Centerline "UB3" to a point which lies opposite Centerline Station "Ue 159+00• thence Northwesterly to a point opposite Centerline Station "UB3. 159+00 on the northwesterly right-of-way line of S.W. Upper if' DAVID EVANS ANDASSOCIATES,INC. ENGINEERS.SUR1 EYORS.PLANNERS,LANDSCAPE ARCI!ITEM S I 1 PAC013 4-18-89 D.W.B. Page 3 of 3 Boones Ferry Road; thence Northeasterly, tracing the northwesterly right-of-way of S.W. Upper Boones Ferry Road to the southwesterly right-of-way of the Southern Pacific Railroad; thence Southeasterly tracing the southwesterly right-of-way of the Southern Pacific Railroad to the northwesterly right-of-way line of S.W. Upper Boones Ferry Road; thence Northeasterly tracing the northwesterly right-of-way of S.W. Upper Boones Ferry Road to the northeasterly right-of-way of the Southern Pacific Railroad; thence Northwesterly, tracing the northeasterly right- PDof-way of the Southern Pacific Railroad to the west right-of-way line of S.W. 72nd Avenue; thence Northerly tracing the west right-of-way of S.W. 72nd Avenue to a point opposite Centerline Station 59+11. 10 per stationing as shown on County Survey Number 20,596; thence Easterly to a point on the east right-of-way of S.W. 72nd Avenue which is opposite said Centerline Station 59+11.10; thence Southerly, tracing the east right-of-way of S.W. 72nd Avenue to a point on the northerly line of that parcel conveyed to Pacific Realty Associates, L.P. in Document No. 89- 3125, Washington County Book of Records; thence Easterly, tracing the boundary of said parcel described in Document No. 89-3125, to a point in the westerly line of said Lot 5, BONITA GARDENS; thence Northerly, tracing the westerly line of said Lot 5, to the point of beginning. I I I I tr. i DAVID EVANS ANDASSOCIATES,INC. ENGINEERS.SURVEYORS,PLANNERS,LANDSCAPE ARCHITECTS I 4; DETAILED COST ESTIMATE , F F II I I I L i- [1- (' MACKENZIE ENGINEERING INCORPORATED r L PRELIMINARY COST ESTIMATE PACIFIC CORPORATE CENTER L.I.D. APRIL, 1989 [ UNIT PRICE QUANTITY TOTAL FSTREETS Mobilization, demobilization, clearing, grubbing, clean up $100,000/LS LS $100,000 5" Asphaltic Concrete on 16" Rock Base $17/SY 19,200 SY $326,400 Concrete Curb: Vertical $7/LF 980 LF $ 6,860 2 Curb and Gutter $7/LF 9,100 LF $ 63,700 Sidewalks $14/SY 5,400 SY $ 73,600 Soft Areas (2"-0" Rock Base) $10/CY 1,000 CY $ 10,000 Earthwork (Cut and Fill) $3/CY 14,000 CY $ 42,000 Earthwork (Haul to On-Site Disposal Area) $3/CY 12,000 CY $ 36,000 Concrete Apron $45/SY 75 SY $ 3,375 Sawcut $2/LF 800 LF $ 1,600 Street Lights/Poles $1,750/EA 30 EA $ 52,500 Channelization (Signing & Striping) $10,000/LS LS $ 10,000 . Landscaping within R.O.W. $120,000/LS LS $120,000 Signalization $100,000/LS LS $100,000 Traffic Control $15,000/LS LS $ 15,000 Conduit Crossings $35,000/LS LS $ 35,000 TOTAL $996,035 STORM DRAINAGE 10 Pipe-Granular Backfill ' $20/LF 570 LF $ 11,400 12 Pipe-Granular Backfill $24/LF 1,170 LF $ 28,080 15 Pipe-Native Backfill $27/LF 1,470 LF $ 39,690 18 Pipe-Native Backfill $31/LF 950 LF $ 29,450 21 Pipe-Native Backfill $35/LF 300 LF $ 10,500 24 Pipe-Native Backfill $40/LF 325 LF $ 13,000 27 Pipe-Native Backfill $45/LF 375 LF $ 16,875 Standard Manholes ' $2,500/EA 5 EA $ 12,500 Inlets - Type 2i A $800/EA 11 EA $ 8,800 Inlets - Type 4 A $1,100/EA 19 EA $ 20,900 Ditch Construction $6/LF 700 LF $ 4,200 Connect to Existing $2,000/EA 1 EA $ 2,000 Plugs $200/EA 15 EA $ 3,000 or Remove Existing Manhole $2,500/EA 1 EA $ 2,500 54" Manhole $2,500/EA 2 EA $ 5,000 TOTAL $207,895 I Igi, I SANITARY SEWER 1 6" Pipe-Granular Backfill $23/LF 140 LF $ 3,220 8" Pipe-Granular Backfill $27/LF 4,550 LF $122,850 I Standard Manholes (48") $2,500/EA 00/EA 14 EA $ 35,000 Connection to Existing 12" System $1$200/ EA 19 EA $2 EA $ 000 Plugs3,800 I TOTAL $167,870 WATER I 12" Pipe Granular Backfill $36/LF 4,000 LF $144,000 8" Pipe Granular Backfill $1,500/EA$24/LF 35011 LF $ 8400 EA $ 16,500 Fire Hydrant Assembly ITOTAL $168,900 IGRAND TOTAL $1,540,700 I 1 I n e 1 • I 1 {{ TRAFFIC STUDY FOLLOW UP LETTER t_ 1. I I . • MACKENZI ENGINEERING INCORPORAl 3 0690 S'N. BANCROFT S'.•P.O BOX 69039 PORTLAND.OREGON 97201 0039•(503)224.9570•FAX(503)228-1285 February 6, 1989 I City of Tigard Attention: Mr. Randy Wooley, City Engineer 13125 S.W. Hall Blvd. P. 0. Box 23397 ir Tigard, Oregon 97223 ir Re: Pacific Corporate Center Local Improvement District Project Number 188778.003 1. Dear Mr. Wooley: As requested in our meeting of January 6, 1989, our office has prepared a supplemental traffic analysis to evaluate the impacts of deleting the main road connection to R. Bonita Road via the Smetz property. Following the new traffic information, I have listed several utility issues which are also impacted by Smetz access. 1. Traffic Study Supplement: For the purpose of this analysis, we have utilized the mid-range trip generation (scenario II) from the original traffic report. In fact, only minimal differential impacts were noted between the three development intensities studied. Traffic distribution for the project assumed that approximately 11% of the total incoming traffic would originate from Bonita Road east of I-5. Without an entrance from Bonita via Smetz, incoming traffic will be partially shifted toward the Carman I-5 interchange and onto S.W. Upper Boones Ferry Road. This is expected to reduce the Bonita Road east trip attraction by approximately one-third. The attached figures describe the redistribution of traffic to S.W. 72nd Avenue and Upper Boones Ferry Roads. In summary, the following changes result from deleting the Smetz route to Bonita Road: S.W. 72nd Avenue and Bonita Intersection (Signalized) : 1989, AM Peak Hour, Full Buildout, with Smetz connection: L.O.S. "0" 26 sec. average delay without Smetz connection: L.O.S. "D" 28.6 sec. average delay 11 1989, PM Peak Hour, Full Buildout, with Smetz connection: L.O.S. "D" 24.3 sec. average delay (-' without Smetz connection: L.O.S. "D" 25.5 sec. average delay I Mr. Randy Wooley Project Number: 188778.003 February 6, 1989 . IC - Page Number 2 1995, AM Peak Hour, Full Buildout, with Smetz connection: ir L.O.S. "D" 38.7 sec. average delay without Smetz connection: L.O.S. "F" 64.6 sec. average delay 1995, PM Peak Hour, Full Buildout, with Smetz connection: L.O.S. "D" 31.1 sec. average delay without Smetz connection: FL.O.S. "D" 32.3 sec. average delay While the need for a signal at S.W. 72nd Avenue and Bonita is not immediate, the I lack of connection directly to Bonita via Smetz will cause warrants to be met considerably sooner than the 2.1 year estimate reported in the original traffic report. Once signalized, the impact of the diverted traffic, originating in the Bonita and Bangy Road area, will lead to a level of service "F" in the AM Peak Hour in 1995. In contrast, if these inbound left turns were accommodated at the proposed 17 road intersection at Bonita, an acceptable level of service "D" can be maintained. Roadway Volumes - Structural Sections 1r - The Smetz connection to Bonita will provide more direct connection to Bangy Road and Highway ,317/Kruse Way corridor. This will serve to divert approximately 1600 vehicles per day from S.W. 72nd Avenue south of Bonita, and approximately 1200 v.p.d. from Upper Boones Ferry Road, between the project access and 1-5. -'W!, II While total volumes will be reduced, truck traffic, the m4in element in pavement design, will be reduced in these two corridors (80rtrucks per day on S.W. 72nd Avenue, south of Bonita - 50 trucks per day on S.W. Upper Boones Ferry Road) ., IIDuring a research effort for a previous project, MEI reviewed the City's files for design data on the S.W. 72nd Avenue Local Improvement District. No II information was available relative to the assumed number of trucks per day, which led to the pavement design on S.W. 72nd Avenue. At the time of L.I.D. design, the potential for redevelopment of the Ford and Southern Pacific II Properties may not have been anticipated. A significant impact on S.W. 72nd Avenue can be avoided, both to the pavement structure and to existing businesses, by providing an alternate route through IISmetz and adequate structural design for the anticipated truck traffic. 2. Utilities Availability 11 In addition to the previous section on transportation, the following utility issues should be considered in the justification for access through Smetz. lir , 1 i Mr. Randy Wooley IF Project Number: 188778.003 February 6, 1989 irPage Number 3 Telephone: Ir General Telephone Company (contact: Bob Olsen 620-0373) , has indicated that the project will be served from the 6 conduit bank located along the north . side of Bonita Road. This routing should be via the Smetz property within a public right-of-way to allow for adequate access for maintenance vehicles to the telephone system. Alternative routing the to site would be along S.W. 72nd Avenue, originating at Bonita Road and would involve either street or sidewalk removal and disruption to businesses fronting on S.W. 72nd Avenue. The cost to extend an adequate conduit/vault system along S.W. 72nd Avenue is estimated at $40,000 - $50,000. , Sanitary Sewer: i L' The existing sanitary sewer in S.W. 72nd Avenue was not originally designed to serve all of the Ford site. Therefore, its depth is not adequate to serve [ the northwest corner of the site. Based on a sewer extension starting at S.W. 72nd Avenue heading east, along 1 the north side of the Ford site, and then north to the northwest portion of the site, abutting Smetz, an area approximately 2-3 acres in size is not servable by gravity sewer. Either a pump station or substantial earth fill will be required to serve this area. In contrast, the route to Bonita Road, via Smetz, will allow more than adequate fall for gravity sewer, without earth fill , pump station, or extension of 1[ . sewer along back lot lines, as described above. Storm Drainage: I As discussed in the sanitary sewer section above, the extreme north end of the Ford site is lower than S.W. 72nd Avenue. Unlike the sanitary sewer; however, no facilities of remotely adequate size are available in S.W. 72nd Avenue. The storm drainage system, provided in the S.W. 72nd Avenue L.I .D., allowed I for runoff from the Ford site to be collected along Bonita Road, at approximately 200' east of S.W. 72nd Avenue. This issue was presented to City Council in the fall of 1988, in the form of a request from the Koll Company to access a drainage pipe under the Rogers Machinery building. The I council continued the issue, which allowed Koll and Rogers to come to an agreement. Rogers agreed to grant an easement along Bonita, behind the south sidewalk, thus allowing the Ford site to access the 21" pipe. As can be seen on the attached topography map, approximately 65%' of the Ford site has traditionally drained to Bonita Road. x Mr. Randy Wooley If Project Number: 188778.003 February 6, 1989 Page Number 4 The alternative to drainage to Bonita Road has been investigated and would F involve approximately 1150 lineal feet of 30" storm drain. This pipe would emanate from the 96" storm crossing on S.W. 72nd Avenue near Bonita Road and would enter the Ford site at its north line intersection with S.W. 72nd Avenue. The cost of this extension, which in places will be up to 15' deep, is estimated 1: to be approximately $88,000. In contrast, the Smetz-Rogers storm drain is estimated at approximately $28,000. Water Service The Tigard Water District maintains 24" and 16" watermains on Bonita Road. According to Mr. Bob Santee, Water District Manager, connection to one of these mains is imperative to provide adequate fire flows to the project. Access to this major distribution pipe with Water District equipment is required. Power Systems PGE has indicated thatadequate facilities exist along S.W. 72nd Avenue and Boones Ferry Road to serve the project. Without access to Bonita, however, the north half of the project would not have a second or "back up" source of power. PGE (Jim Ryan 643-5454) , indicates that most industrial users require dual feed or backup power availability. In summary, the following costs and impacts are associated with access for roadway and utilities not being available through Smetz: 1 A. Traffic improvements accelerated in time due to no access via Smetz Signal at S.W. 72nd Avenue and Bonita Road $90,000 Lane improvements to abate L.O.S. "F" at S.W. 72nd Avenue and Bonita Road $50,000 Future maintenance costs on S.W. 72nd Avenue Unknown B. Utility Improvements 1. Telephone S.W. 72nd Avenue conduit system $50,000 2. Sanitary Sewer Pump station $20,000 Back line sewer extension $40,000 11 3. Storm Drainage 1, , S.W. 72nd Avenue extension (differential) $60,000 F Mr. Randy Wooley Project Number: 188778.003 February 6, 1989 Page Number 5 4. Water Upsize main on-site $55,000 5. Power -0- ITotal Estimated $365,000 It is clear that the main project roadway connection to Bonita via the Smetz property is the most efficient routing for traffic and utilities. This route will keep first cost low for the L.I.D., avoid duplication in city maintained services, and reduce Iroadway maintenance on S.W. 72nd Avenue. If you have any questions, please do not hesitate to call . I Sincerely, David G. Larson, P.E. Project Manager , `v #10501 DGL/j cr Enclosure: Traffic Calculations/Figures OREGON Area Topography and Utility Map �. �� cc: Dick Buono Leon Hartvickson I[ 1[ t I I 1[ 1 -14 I 05.- -.6-ii ilerce.L.44 5 i i • r I_..../.,-.. ir ,—. 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