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City Council Packet - 05/22/1989 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 22, 1989, 6:00 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. o STUDY SESSION 6:00 p.m. - Richard Devlin (METRO) 6:30 p.m. - Dave Blake (Trammel-Crow) 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. 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: 3.1 Approve Council Minutes: April 10 and 17, 1989 3.2 Select Main Street Bridge Replacement for Street Bond Funding 3.3 Recess Council Meeting; Convene Local Contract Review Board (LCRB) Meeting: Approve Amendment to GSA Contract; Adjourn LCRB; Reconvene Council Meeting; Approve Resolution No. 89- 3.4 Approve Final Order - Comprehensive Plan Amendment CPA 89-02, Zone Change ZC 89-02; Sanders - Resolution No. 89- 4. APPEAL PUBLIC HEARING - COMMUNITY DEVELOPMENT DIRECTOR'S INTERPRETATION - S & L LANDSCAPING, INC. An appeal of a Community Development Director's Interpretation that the operations of S & L Landscaping, Inc. , a 14380 S.W. 97th Avenue constitutes a storage operation which is not a permitted use in the R-4.25 (Residential, 4.5 units/acre) zone applied to the property. The appellants assert that the operations of the business constitute a nursery. Nurseries fall within the "farming" use classification of the Community Development Code. Farming is a permitted use in the R-4.5 zone. 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 COUNCIL AGENDA - MAY 22, 1989 - PAGE 1 147 5. PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT CPA 89-04 HUGHES/POSCO LANDS NPO #2 A request for a Comprehensive Plan map amendment from Professional Commercial to Medium High Density and a zone change from C-P (Professional Commercial) to R-25 (Residential, 25 units/acre) for 1.75 acres. Also, a Comprehensive Plan map amendment from Medium-Density Residential to Medium-High Density Residential and a zone change from R-12 (Residential, 12 units/acre) to R-25 for 3.02 acres. The subject parcels abut. LOCATION: 11505-11515 SW Hall Blvd. (WCTM 1S1, 35DD, Tax Lot 1400) 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 6. PUBLIC HEARING - PROPOSED LOCAL IMPROVEMENT DISTRICT (LID) TO CONSTRUCT STREET AND UTILITY IMPROVEMENTS TO SERVE THE PACIFIC CORPORATE CENTER PROPERTY The proposed LID will include the Pacific Corporate Center property and adjoining rights-of-way of existing and proposed roadways, including a proposed street connection to Bonita Road, S.W. 72nd Avenue, Upper Boones Ferry Road and Interstate Highway 5. The total estimated cost of design and construction is $2,126,166. The full cost of design and construction will be assessed against all properties within the proposed local improvement district on an area basis, except public rights-of-way. The purpose of the hearing is to hear remonstrances or objections to the formation of the LID. 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 7. FINAL ORDER - COMPREHENSIVE PLAN AMENDMENT CPA 89-03 AND ZONE CHANGE ZC 89-03; (DUVALL STREET) PROPOSED BY RIVERWOOD PROPERTIES - ORDINANCE NO. 89- 8. NON-AGENDA ITEMS: From Council and Staff 9. 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. 10. ADJOURNMENT cw/9825D COUNCIL AGENDA - MAY 22, 1989 - PAGE 2 TIMES PUBLISHING COMPANY Legal P.O.BOX 370 PHONE(503)884-0360 Notice 7-6950 ti BEAVERTON,OREGON 97075 PECEIB/ED Legal Notice Advertising i/ CITY OF TIGARD *AY 22 1989 • PO BOX 23397 • 0 Tearsheet Notice MY OF nave , TIGARD, OR 97223 • • 0 Duplicate Affidavit • • 1 AFFIDAVIT OF PUBLICATION STATE OF OREGON, COUNTY OF WASHINGTON, )ss. 1, ELAINE PRTROGEORGE being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of the TIGARD TIMES a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at TICARD in the aforesaid county and state;that the CITY f'.onNCTT. REGIMAR MEETING NOTICE- MAY 22nd 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: MAY 18, 1989 / i 4ii't c O Subscribed and.sworn efore me this MAY 19, 1989 • (Ndtary Public for Oregon My Commission Expires: 9/20/92 �w 'fes. ' AFFIDAVIT #0,-;,-...4:7-1-6'1, �Furthe?jnfoniiiig`s�foJl.,e1«� ?' ' .,'�.i'c, ' x r 4 '' ,, :` i`uith" i�0�+Y6tf'~i'aa� - f rp-.+.5. q'�,4 ,, ,Y Q ty ' tk1 1 t,P f der,1312 SW' ag Blvd{rTi IOreg X97 , *� , ).:4' �?, -TeF 7H4, 5Yw .�f , ,„ti aI.L.,,.. _ 9 Wim`, •Y- P r Y 1 Jit p,,. • Qr(i FIs , ... , ,: ,........„,... ...,k,_vx,.;.... ..,.40,„,,,,„,z,...1k., c,.1 1 ,..,... ,..4,,:r:Ttn , "4 t '�' i,r xs- �' v ..,..,...;1,ra, A C' 0 i s1 � a.1��tl 1Io d � r K'+`ra�ti``"�.. • *.,,,��•..-v ' 7s 4 ' .,-. 1, t s 1-L , •yif ;�.f +MIIb L COAttifl@! 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I, ELAINE PETROGEORGE being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of the TT G A R TT M F S 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 NOTICE OF PUBLIC HEARING- MAY 22nd a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for 0 n e successive and consecutive in the following issues: MAY 11 , 1989 e 40 Subscrib an •sw before me thisMAY 1 2 , 1 989 • • v ary Public for Oregon • My Commission Expires: 9/20/92 AFFIDAVIT c �'' 't to 4' •, -z•• --z i Yn '21; .n t 4C; • 1 ; ! ,' ` f'� .zs;` 1 �'`' 4"x ± �'"`j`3'a:112 J 1 44- r i t r Coe ii i \.'Eti f{ 7.i,r1 ;.}y .,,.ilk .�`' ..,D^.h "' S i T �r H.fir,•, �'r tyS�7"f7 �y tr! `t ett r (.ey l ii Iriai � i t r7SZ1 l 7 t ts�t fas^a - • il 'l�'d ='h°ij QJ' 51YY)fr.17•17/1 ' .a5 1`�+trA,0,-r,' ' i� 7x a7�fi a -t?- z'7 ry.y p �i1 xii tj 1. e}.--•,t1(Y c{o :te a fi� ti-, { ii�'.• re ) 4 a i 7i 7 'rhi�.'i�ia,�'Siir>t•7.. ,�` 't-zv ( iSI-t'• f�aq ".z yi aSy �7 Ht q `Cf7to7*i { 1ti Yi • =3 T 7 t • TIMES PUBLISHING COMPANY Legal P.O.BOX 370 PHONE(503)684-0360 Notice 1-6946 BEAVERTON,OREGON 97075 Legal Notice Advertising • CITY O F TIGARD • 0 Tearsheet Notice • PO BOX 23397 • 0 Duplicate Affidavit TIGARD, OR 97223 • • AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss- ELAINE PETROGEORGE being first duly sworn, depose and say that I am the Advertising Director,or his principal clerk, of the T I A d Q ;11gE; 3.010 and 193.020; published at TIGARD in the afcPrUB ICuHtEARINGtetHUGHES/PASCO) a printedLcopy of which is hereto annexed, was published in the entire issue of said newspaper for 0 N E successive and consecutive in the following issues: MAY 11 , 1989 Subscribcd-and:sworn.t; .efore me this May 1 2 , 1989 N Public for Oregon My Commission Expires: 9/20/92 AFFIDAVIT D f r[ bra , "�} t ellb� S..SF,' ,¢t '1.�P � 1 �'� Syr -K 4 r �ki +t5 41,..1.47": � tC 5'• � ;Ys �`�4•71,�,i��� �S � ZPr F �rf7t , l�C�' ' S} tTr eije r r -', .' ie r.�jai�A M„r r'� n..•,cc ,z �' Y� �j �"�•�.�4��€l jl�i:�1 'ti,t �r a 1.� ' fb�r�`cr,�k�t wry req ��'a t��1�t t • I 1 , l • • l? 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A public hearing will he held by the Tigard CO,Council on Monday,May ELAINE PETROGEORGE 22;;1989,.at:Tigard City Hall, 13125 SW Hall Blvd,Tigard,Oregon,at 7:30 being first duly sworn, depose and say that I am the Advertising P.M.,to consider remonstrances,or:objections to the:.formationa of local improvement district and the construction:.of street and utilityimprove-,.,' Director,or his principal clerk,of the TIGARD TTMES menta to serve the Pacific Corpor .ateCenter property a newspaper of general circulation as defined in ORS 193.010 I e and 193.020; published at TIGARDin the i The proposed local improveknegt district vnll inde clutpe Pacific Corporate ` Center property andadjoining rights-of way'of existing`and proposed'road, aforesaid county and state;that the -ways,including a proposed street connection;to BonitaRoad The property PROPOSED LOCAL IMPROVEMENT NOTICE toi.be served is the;area generally:bounded by Bonita Road, SW 72nd, a printed copy of which is hereto annexed, was published in the l Avenue,Upper Booties Ferry Road and Interstate Highway 5 entire issue of said newspaper for ONE successive and The total estimated cost of design and construction is..$2,126,166 Thetfu11 t cost of design and construction will be"assessed against all properties witiitn consecutive in the following issues: the proposed local improvement'district`on;'an area basis, except public." rights-of way • ; MAY 11, 1989 i tiL Tlterpurpose of the hearing•is to_hear remonstrances•or objections to the formation of thelocal improvement,district.•All written and oral remon str'ances shall be received by the City Recorder by the close;of,this.public hearings � The preliminary plans,cost:estimates,boundary description,and descrip-., l�vitt- /i/.�l�G1/O tion of the assessment method are embodied in the Preliminary Engineer's ,, Report entitled "Preliminary Engineering,Report,Pacific Corporate Cen-, Subscri • d and sworn to:' ore me this MAY 12, 1989 ter, ',LID The report is•on file with the CityRecorder and lye'..City: Engineer for public•inspection 1'T6948 Publish May 11,1989 Nocublic for Oregon My Commission Expires: - ss4 *i 9/20/92 .{ �_�. AFFIDAVIT TIGARD CITY COUNCIL (' CITY COUNCIL MEETING MINUTES - MAY 22, 1989 - 6:00 P.M. 1. ROLL CALL: Present: Mayor Jerry Edwards; Councilors: Carolyn Eadon, Valerie Johnson (arrived at 6:45 p.m.) , and John Schwartz; City Staff: Pat Reilly, City Administrator; Ed Murphy, Community Development Director; Tim Ramis, Legal Counsel; and Catherine Wheatley, Deputy City Recorder. 2. EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 6:05 p.m. 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. (Council Study Session convened at 6:30 p.m.) a. David Blake of Trammel-Crow Corporation reviewed a potential urban renewal district. Mr. Blake referred to an aerial map of the subject area. He advised he was requesting Council to discuss this project with him and determine whether there was enough interest on the part of the City for the creation of an Urban Renewal District. He noted that in order for improvements to be made in the area, the Trammel-Crow Corporation had discovered three impediments would need to be overcome: 1. Resolve access problems by increasing freeway and collector street accessibility. 2. Relocation of the Metzger Elementary School to an area which would be more compatible. 3. Address the wet land and wildlife issues. Mr. Blake advised the boundaries for the Urban Renewal District would need to be defined. (Councilor Johnson arrived at 6:45 p.m.) There was review on process and the need to identify the interested groups which would form a committee to study the potential boundaries. The district formation proposal would have to be approved by a vote of Tigard citizens. Mayor Edwards advised he would prefer that the Urban Renewal District stay within the Tigard city limits. Mr. Blake advised that the market value for the area was now set at between $10,000,000 and $12,000,000; the area has a potential market value of over $300,000,000. It was noted that this area was a part of a substantially larger area referred to previously as the "diamond area." Page 1 - COUNCIL MINUTES - MAY 22, 1989 Mr. Blake reviewed his discussions he had had with the Oregon Department of Transportation concerning the area's transportation issues. He reviewed some of the options available with regard to r accesses and arterials. He advised that development in this area would need a major ingress/egress point. Mayor Edwards expressed concern about the Metzger elementary school issue and possible relocation. Discussion followed. It was noted that the School District has been looking at locations and at this time, it looks as if the most likely location would be outside the Tigard city limits. There was discussion concerning improvements for the school and if tax increment financing could be used if the school was moved outside the boundary area. Legal Counsel advised that it would be possible to form two boundaries for the urban renewal district. With regard to a question by the Mayor concerning what impact it would have on the Metzger Elementary School if it was moved outside the Tigard city limits, Dr. Russ Joki, Superintendent for the Tigard School District, noted he felt whether or not the school was inside the city limits would not affect the school. There was further discussion on the transportation alternatives for interchanges. It was noted that funding for the new interchange probably would be borne by both the State Highway Department and the Urban Renewal District. Floodplain issues were discussed. Mr. Blake referred to the aerial map and pointed out where the floodplain was located. He noted the area was quite large; there was a potential for it to be an enhancement -- currently, it was a drainage problem. Senior Planner Newton noted the drainage problems have been exacerbated by the highway improvements in the area. Council consensus was they were enthusiastic about the concept and the project's magnitude. Mayor Edwards noted this would be an opportunity to develop the area and retain control over the quality and type of development. He suggested that Trammel-Crow officials contact officials from the Washington Square development to determine if there could be some mutual benefit and sharing in solving the transportation impact issues. There was discussion on process. Council consensus was that Mr. Blake and the Community Development Director should meet to determine the next steps. It was noted this should not be considered to be a City project at this time. It was agreed that the concept should be more defined and a timeline set. Councilor Schwartz expressed interest in acquiring community involvement early in the process so everyone affected would have an opportunity to note concerns and establish interests. Mr. Blake, in response to a question by Councilor Johnson, advised that the market for this area was strong if the momentum could be kept going forward. He said timing would be very important. It would also be advantageous to keep the issue non-controversial by involving the people in the area as much as Page 2 - COUNCIL MINUTES - MAY 22, 1989 possible. He advised Trammel-Crow would be conducting an individual-to-individual survey to give people an opportunity to personally discuss the issue. C (Council meeting recessed at 7:10 p.m. ; Council meeting reconvened at 7:30 p.m.) 3. VISITORS' AGENDA: a. Mr. David Blake, 10260 SW Greenburg Road, Tigard, Oregon, was present on behalf of Trammel-Crow to ask Council initiate vacation proceedings for a portion of SW 93rd Avenue and SW Mapleleaf Street. It was noted that Council approved a Comprehensive Plan Amendment request filed by the Trammel-Crow Corporation on May 15, 1989. A petition for the vacation of the public rights-of-way was received and filed with the City on May 18, 1989, by the Trammel-Crow Corporation and contained the signatures of all abutting property owners and at least 67 percent of all owners in the affected area as defined by the Tigard Municipal Code (TMC) . The petition has been reviewed and meets all requirements defined by TMC 15.08.080. Council must now consider whether to accept the petition and initiate vacation proceedings or reject the petition. Trammel-Crow's Lincoln Five/Parking Structure project will require a number of approvals including the vacation of the ( subject rights-of-way. Their desired timeframe calls for construction this summer. Council's recent decision to approve their zone change request has now started the process for subsequent approvals. Of these, the vacation was probably the longest due to state law requirements. Realizing this, Trammel-Crow has moved very quickly to complete the petition documents and was now requesting Council to initiate the process and not wait until a later meeting. b. RESOLUTION NUMBER 89-40 A RESOLUTION CONCERNING THE VACATION OF A PORTION OF SW 93RD AVENUE, AND A PORTION OF SW MAPLELEAV STREET, BOTH LOCATED IN A RECORDED SUBDIVISION PLAT CALLED "TOWN OF METZGER," IN THE CITY OF TIGARD, WASHINGTON 'OUNTY, OREGON. c. Motion by Councilor Schwartz, seconded by Coun..ilor Eadon, to approved Resolution No. 89-40. The motion was approved by a unanimous vote of Council present. d. It was noted Resolution No. 89-40 sets the date for a public hearing on the vacation of the rights-of-way. Page 3 - COUNCIL MINUTES - MAY 22, 1989 4. CONSENT AGENDA: 3.1 Approve Council Minutes: April 10 and 17, 1989 3.2 Select Main Street Bridge Replacement for Street Bond Funding 3.3 Recess Council Meeting; Convene Local Contract Review Board (LCRB) Meeting: Approve Amendment to GSA Contract; Adjourn LCRB; Reconvene Council Meeting; Approve Resolution No. 89-41 3.4 Approve Final Order - Comprehensive Plan Amendment CPA 89-02, Zone Change ZC 89-02; Sanders - Resolution No. 89-42 Motion by Councilor Eadon, seconded by Councilor Schwartz, to approve the consent agenda. The motion was approved by a unanimous vote of Council present. 5. APPEAL PUBLIC HEARING - COMMUNITY DEVELOPMENT DIRECTOR'S INTERPRETATION - S & L LANDSCAPING, INC.: An appeal of a Community Development Director's Interpretation that the operations of S & L Landscaping, Inc. , at 14380 S.W. 97th Avenue constitutes a storage operation which is not a permit ted pro use n Thee the R-4.25 (Residential, 4.5 units/acre) zone applied to the appellants assert that the operations of the business constitute a nursery. Nurseries fall within the "farming" use classification of the Community Development Code. Farming is a permitted use in the R-4.5 zone. A public hearing was open. a. Public Hearing was opened. b. Councilor Schwartz noted he had had discussions with the applicant; he would not participate in the public hearing nor would he vote on this issue. Mayor Edwards, Councilor Eadon, and Councilor Johnson also advised they knew the applicants but had not discussed this issue prior to this meeting. They all noted they believed they could make an impartial decision and would participate in the public hearing and be voting on the issue. c. Senior Planner, Liden summarized this agenda item. On April 6, 1989, the Planning Director issued an interpretation stating that the business activity established at 14380 SW 97th Avenue was not permissible as a "farming" activity. An appeal of this interpretation has been submitted by John Schwab on behalf of S & L Landscaping. Senior Planner Liden reviewed some of the issues that were contained in his letter dated April 6, 1989, to Mr. Castile. d. Public Testimony proponents o Jack Schwab, Attorney, 9250 SW Tigard Avenue, Tigard, OR 97223, advised he was representing S & L Landscaping. Mr. Schwab said farming was among the outrightly permitted uses in the R-4.5 zones. He advised the Code contains no definition of "nurseries," but advised that the appellants use Page 4 - COUNCIL MINUTES - MAY 22, 1989 of the property was well within the accepted scope of nursery activities which was named as a permitted use under Tigard Municipal Code 18.50.030(4). He advised he believed the applicants use of the property should be defined as a nursery because: - Nurseries, by their nature, represent temporary storage on property. - Nursery uses such as the Monrovia Nursery in Dayton, Oregon, keeps their stock in containers as does S & L Landscaping. Further, S & L Landscaping has the same state license as does Monrovia. - A nursery's function was to serve as a staging area to transfer wholesale stock to retail outlets. - Since Tigard's Code does not have a concise definition of a nursery, the applicants use should be considered within the agricultural permitted use language. Opponents: o Steve Knebel, 14535 SW 97th, Tigard, OR 97224 read his May 22, 1989 letter which had been submitted to the City Council. The following points were made: - He advised that the Castiles were operating a landscaping business with employees. The Castiles do not raise any type of nursery stock, rather he uses the property for a staging area for his landscape business. - The property is used for storage of soil, rock, irrigation pipe, equipment, trucks, etc. - The garage of the existing house has been converted to an equipment repair facility. - A portable outhouse had been brought in for the employees. - Storage sheds have been erected on the property. - Mr. Knebel advised that a nursery was defined as a piece of ground or place where young plants are raised for transplanting or sale. He advised that this does not apply to the activities being conducted on this property. - City Development Code in relationship to "farm use" were developed to allow for compatible growth of the city in the already existing farming community of Tigard. He advised the area was becoming increasingly larger residential area. Page 5 - COUNCIL MINUTES - MAY 22, 1989 Mr. Knebel advised that in his opinion, a farm/nursery paints a mental picture of a pastoral scene with young crops being raised for sale -- not mature planus beia . ng loaded and unloaded by equipment on a daily advised that it concerned him that Mr. tos Castile sat e usethe e Planning Commission and had a say as lands in the city. In response to a question by Councilor Johnson, Mr. Knebel responded that he does not think this business represents a nursery type use. He further advised that storage and employees should not be allowed in a residential area. Rebuttal: o Mr. Schwab advised irrigation pipes had been removed from the property except for those pipes necessary to water the plants. He reported the applicant had leased property outside of the area for storage purposes and for equipment repair. He further advised that because the Code allows for farming use in the area, very often employees would be expected to be allowed to work at the employees. use. He advised there was limited activity by He noted that the portable outhouse had been removed from the property. �- In response to a question by Councilor Johnson, Senior Planner Liden advised that the home occupations section of the Code was not concise with regard to farming use. He said that farming would conceivably quite require outside employees. The applicant had been using this property for their business since October 1988. Mr. Schwab reminded Council that the S & L Landscaping business was not owned and operated by Mr. Castile, but rather, this was a business operated by Mrs. Castile. f. Recommendation by Community Development Staff: Community Development Director advised that the code was not clear, however, he believed it was the original intent of the zone to protect farm uses as residential areas grew to the farming community. He noted the activity on the land was not compatible with an R-4.25 residential area. He recommended City Council uphold the Director's Decision. g. Council Comments: Councilor Eadon agreed that when the Development Code was written, provisions were made to protect farm land as residential areas expanded. She also advised the Code does not allow the following in residential areas: employees, extra storage, Page 6 - COUNCIL MINUTES - MAY 22, 1989 out-buildings. She said she would support the Director's Decision. She further advised she was willing for the City Attorney to revisit the Code to clarify the outright permitted uses in the applicable section. Should the majority of Council decide to allow this use, she requested a Site Development Review be required. Councilor Johnson advised she believed there were two obligations on the part of the City: 1) The protection of the integrity of the residential area, and also 2) Clarification of ambiguous language for the property owner who purchased property believing the nursery was a permitted use. She said she would favor a Site Development Review to place a restriction on the activities occurring on the property which were not consistent with a residential area. Mayor Edwards advised he agreed the Code was not clear on this issue, but he felt this use was not compatible with a residential area. He advised he would support upholding the Director's decision. He also requested the City Attorney review the Code with regard to the language clarification issue. h. Public hearing was closed: Motion by Councilor Eadon, seconded by Mayor Edwards, to uphold the Director's Decision: The motion passed by a majority vote; Mayor Edwards and Councilor Eadon voted "Aye," Councilor Johnson voted "No,"; Councilor Schwartz abstained. 6. PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT CPA 89-04 HUGHES/POSCO LANDS NPO #2: A request for a Comprehensive Plan map amendment from Professional Commercial to Medium High Density and a zone change from C-P (Professional Commercial) to R-25 (Residential, 25 units/acre) for 1.75 acres. Also, a Comprehensive Plan map amendment from Medium-Density Residential to Medium-High Density Residential and a zone change from R-12 (Residential, 12 units/acre) to R-25 for 3.02 acres. The subject parcels abut. LOCATION: 11505-11515 SW Hall Blvd. (WCTM 1S1, 35DA, Tax Lot 1400) and 11555 SW 88th Avenue (WCTM 1S1, 35DD, Tax Lot 3300) . a. Public hearing was opened. b. There were no declarations or challenges. c. Summation by Senior Planner Liden. On May 2, 1989, the Planning Commission reviewed the proposal to amend the Comprehensive Plan map from Professional Commercial to Medium-High Density residential and to amend the zoning from C-P (Professional Commercial) to R-25 (Residential, 25 units/acre) for 1.75 acres located at 11505-11515 SW Hall Blvd. The property was currently Page 7 - COUNCIL MINUTES - MAY 22, 1989 developed with two single-family residences. Also requested was a Plan Map amendment from Medium-High Density residential to Medium-High Density residential and a zone change from R-12 (Residential, 12 units/acre) to R-25 for 3.02 acres located at 11555 SW 88th Avenue. The second parcel was currently developed with a 49-unit apartment complex. The two properties involved in the application abut. The Planning Commission recommended denial of the proposal. Planning Commission's recommendation for denial was based on: 1. This would create spot zone. 2. The change would create problems for adjacent property owners. 3. R-25 zoning should not be adjacent to R-4.5 zoning. 4. Lot 3300 is currently developed close to the R-12 designation. d. Public Testimony Proponents: o Phil Hedrick, 111 SW 5th, Portland, Oregon. Mr. Hedrick noted Dr. Hughes wanted to develop the property but had been unable to work with other property owners in negotiating the details of a sale. Further, he advised the zone change request was to allow the property located at 11555 SW 88th Avenue conform to its present use. The redesignation was requested in order to allow apartment development on Tax Lot 1400 and to allow possible future redevelopment of Tax Lot 3300 to at least its present density. As presently zoned, the apartments on Tax Lot 3300 were considered a non-conforming use because the parcel was developed at a greater density than the zone permits. Mr. Hedrick noted he had not received any offers for the property as currently zoned. Opponents: o Richard Murray, 11440 SW Lomita, Tigard, Oregon advised he was in opposition to the request by the applicants. He cited concerns with problems experienced because of the existing apartments, noting a disproportionate amount of police calls and drug related problems. He advised that further development of apartments would disrupt their quiet neighborhood. o John Bouse, 11470 SW Lomita, Tigard, Oregon, testified he lives behind the subject property. He advised the he did not want to see more apartments built because of problems which had been experienced because of the current apartments. C • Page 8 - COUNCIL MINUTES - MAY 22, 1989 e. Recommendation by Community Development Staff: Community Development Director noted staff recommended Council approval of r the proposed plan/zoning map amendments. t f. Council Questions and Comments: o Councilor Schwartz noted traffic problems and his concern that an increase in density to R-25 would exacerbate these problems. He advised he would be recommending to uphold the Planning Commission decision for denial of the proposal. o Councilor Johnson advised she would be willing to consider the rezoning of Tax Lot 3300 which was now non-conforming to the higher density of R-25. Councilor Schwartz commented that by changing this to R-25, the existing property could be upgraded to the maximum and he would prefer to see it be left at R-12. o Councilor Eadon noted the R-25 rezoning would go against the previous policy of transitioning zoning so that zones such as R-4.5 and R-25 do not abut. She advised she would be recommending to uphold the Planning Commission decision. o Mayor Edwards noted he agreed with the comments presented by the Councilors and noted he was also concerned about traffic impact. He advised he was concerned about the area and the problems the apartment complexes have caused. He noted he would be supporting the Planning Commission recommendation. o Councilor Schwartz noted he was in sympathy with owners who had been unable to sell their property; however, Council could not rezone land because an owner cannot market the property. g. Mr. Hedrick requested an opportunity for rebuttal of the remarks. He noted the Development Code sets forth buffering requirements; this request meets those requirements. He also disagreed that traffic impacts would increase because of the rezoning request. Councilor Eadon responded that the buffering issue was different from the Council policy of transitional zoning. A 30-foot buffer would not be adequate between R-25 and R-4.5; it would be more desirable to have a descending density between R-25 and R-4.5. h. Public Hearing was Closed: i. Motion by Councilor Eadon, seconded by Councilor Johnson, to uphold the Planning Commission decision to deny the proposal. The motion was approved by a unanimous vote of Council present. 7. PUBLIC HEARING - PROPOSED LOCAL IMPROVEMENT DISTRICT (LID) TO CONSTRUCT STREET AND UTILITY IMPROVEMENTS TO SERVE THE PACIFIC CORPORATE CENTER PROPERTY: The proposed LID will include the Pacific Corporate Center property and adjoining rights-of-way of existing and proposed roadways, including a proposed street connection to Bonita Road, S.W. 72nd Avenue, Upper Page 9 - COUNCIL MINUTES - MAY 22, 1989 Boones Ferry Road and Interstate Highway 5. The total estimated cost of design and construction is $2,126,166. The full cost of design and construction will be assessed against all properties within the proposed local improvement district on an area basis, except public rights-of-way. The purpose of the hearing is to hear remonstrances or objections to the formation of the LID. a. Public hearing was opened. b. There were no declarations or challenges. c. Community Development Director summarized this agenda item. He reviewed the process followed by Council to date. This public hearing was for the purpose of deciding whether or not to form the proposed LID. Notices were sent to property owners on May 10, 1989. Although not required by ordinance, notices of the public hearing were also sent to the owners of the properties adjoining the proposed LID. He advised that Mr. John Smets, who owned property adjacent to the Pac-Trust property, would not be assessed for the proposed LID. Community Development Director noted he recommended approval of the proposed ordinance forming the LID. He also advised that Dave Larsen was available for questions by Council should they have any concerns regarding the engineering report. Councilor Eadon asked if the traffic engineering report had been received in its entirety. Community Development Director responded yes -- there was nothing further to be added to the engineering ( report. d. Public Testimony: Proponents: Leon Hartvickson, Pacific Realty, 111 SW 5th Avenue, Portland, Oregon, reviewed the issues which had been brought forth to date. He advised that he would like to reserve an opportunity to respond to remarks by the opponents. Mr. Hartvickson reviewed the following issues: o Economic impact and expectations of the development. o The proposed road would be the same width as SW 72nd Avenue. o The development would represent a park-like environment. o He noted the 17-year history of development by Pac-Trust in the Tigard area with over 1,400,000 square feet of office space. He advised the project would continue to reflect their commitment to high-quality development. o Advised this would mean a large number of jobs in the Tigard area. Page 10 - COUNCIL MINUTES - MAY 22, 1989 He reviewed some of the problems which the development would face without the proposed street extension through to Bonita Road. He noted that with the street extension, this area could compete favorably with other areas in the vicinity. He said if the street was not built as proposed, then substantial improvement to SW 72nd Street may be needed. Mr. Hartvickson advised he believed Mr. Smets had never intended to build the expanded design as presented to Council. He added that he did not believe the City would allow Mr. Smets to build at the density he was proposing and further, he did not think that Mr. Smets would be able to obtain financing for the projects he had proposed. He advised Mr. Smets could continue to operate his business on his property and would benefit from the LID. Mr. Hartvickson advised that Mr. Smets was asking a price which was three times over the fair market value; Pac-Trust has offered to purchase the needed property in excess of fair market value. He advised that Mr. Smets had continually responded negatively and had been unreasonable with his requests. Mr. Hartvickson asked that Council authorize the acquisition of the right-of-way through the condemnation procedure. He advised failure to proceed with the proposed road could mean that it would be more expensive to mitigate the problems at a later date. (Mr. Richard Buono, Pac-Trust, advised that he deferred his testimony to Mr. Hartvickson's comments.) f Opponents: l Mari Smets, 6830 SW Bonita Road, Tigard, Oregon. Mrs. Smets advised she was representing her husband, John Smets, who was unable to attend because of complications associated with recovering from minor surgery. Mrs. Smets' remarks were read from text which was submitted to City Council. Rebuttal: Mr. Hartvickson noted the project would be of benefit to the community. The offers that had been made to the Smets were not at "bargain basement prices" but above the fair market value. The offer that was referred to with regard to Koll Properties was prior to the Pac-Trust offer. He advised that Koll Corporation did not have any other options at that time. The street will become public right-of-way -- not a private road. e. Recommendation by Community Development staff: Community Development Director noted that the criteria for a single-owner LID had been met. He noted that an ordinance was Page 11 - COUNCIL MINUTES - MAY 22, 1989 now before Council which would authorize the formation of the LID. He noted that acquisition of adjoining land for the proposed roadway would be considered separately by Council. f. Consideration by Council: Councilor Johnson clarified this additional development would not result in additional tax revenues for the City of Tigard. She advised that City of Tigard operates on tax base; however, the millage rate for individual taxpayers would go down. She also noted that size and strength of property owners does not play a factor in determining whether or not to proceed with a project. She advised she had carefully considered the concerns. She noted noted she would support the formation of the proposed LID. Councilor Eadon noted she would support the formation of the LID because of the economic benefit to the City of Tigard and the fact the proposed street would be of public benefit. Councilor Schwartz noted that, initially, he had been opposed to the connection of the street through to Bonita Road because it would take Mr. Smets' land. However, after reviewing all of the testimony and the data submitted, he said it would be logical at this time for the connecting roadway. He advised that without this connection, the traffic problems would increase. Mayor Edwards noted he had reviewed the previous testimony and was in favor of the project. He noted he does not believe this LID proposal would jeopardize the Mr. Smets' operations, but rather his property would be enhanced. g. Public hearing was closed. h. ORDINANCE NO. 89-14: AN ORDINANCE CREATING THE PACIFIC CORPORATE CENTER LOCAL IMPROVEMENT DISTRICT, ORDERING THE CONSTRUCTION OF STREET AND UTILITY IMPROVEMENTS IN ACCORDANCE WITH THE PRELIMINARY ENGINEER'S REPORT, DIRECTING BID PROPOSALS BE REQUESTED, SETTING FORTH THE METHOD OF ASSESSMENT AND METHOD OF FINANCING, AND DECLARING AN EMERGENCY Motion by Councilor Johnson, seconded by Councilor Eadon, approved to adopt Ordinance No. 89-14 with Item No. 5 of the findings in the Ordinance noting that: The hearing was held on May 22, 1989. At the hearing, the Council received remonstrances from the owners of one property within the district. As part of the motion, it was noted there was one benefited property and that owner had testified in favor of the proposed district. The motion was approved by a unanimous vote of Council present. Page 12 - COUNCIL MINUTES - MAY 22, 1989 9. FINAL ORDER - COMPREHENSIVE PLAN AMENDMENT CPA 89-03 AND ZONE CHANGE ZC 89-03; (DUVALL STREET) PROPOSED BY RIVERWOOD PROPERTIES a. ORDINANCE NO. 89-15. AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A COMPREHENSIVE PLAN AMENDMENT (CPA 89-03) AND ZONE CHANGE (ZC 89-03) PROPOSED BY R1VERWOOD PROPERTIES. b. Motion by Councilor Eadon, seconded by Councilor Johnson, to adopt Ordinance No. 89-15. The motion was approved by a unanimous vote of Council present. 10. NON-AGENDA: a. Mayor reviewed a letter submitted by Peggy Weston-Byrd, Executive Director of the Tigard Area Chamber of Commerce dated May 17, 1989. Ms. Weston-Byrd advised that the Tigard Chamber has scheduled a wine tasting event at Director's Furniture. The purpose of the letter was to request a waiver of the $25 City of Tigard fee for processing a liquor license application. Motion by Councilor Schwartz, seconded by Councilor Johnson, to approve the waiver of the processing fee in the amount of $25. The motion was approved by a unanimous vote of Council present. b. Community Development Director advised that the Council had received a draft resolution which would authorize the City Attorney and staff to acquire the necessary additional right-of-way and easements for the Pacific Corporate Center Local Improvement District (LID). The LID called for a street connection between upper Boones Ferry Road and Bonita Road. Certain real property outside of the Pacific Corporate Center development must be acquired to accomplish the street connection. Adoption of the proposed resolution would authorize staff and the City Attorney to acquire the necessary property. RESOLUTION NO. 89-43: A RESOLUTION DECLARING THE NECESSITY AND PURPOSE FOR THE ACQUISITION OF CERTAIN REAL PROPERTY FOR THE CONSTRUCTION OF STREET IMPROVEMENTS AND THE FULL USE AND ENJOYMENT BY THE PUBLIC OF SUCH IMPROVEMENTS, AND AUTHORIZING THE CONDEMNATION OF SAID REAL PROPERTY IF NECESSARY. Motion by Councilor Eadon, seconded by Councilor Schwartz, to approve Resolution No. 89-43. The motion passed by a majority vote; Councilor Johnson voted "No." Community Development Director noted that Pac-Trust representatives had advised the Resolution before Council was to negotiate up to 72-1/2 feet for the right-of-way; however, it was noted that up to 80 feet would be necessary for the right-of-way. Page 13 - COUNCIL MINUTES - MAY 22, 1989 Motion by Councilor Schwartz, seconded by Councilor Eadon, to add the following sentence to Section 1 of Resolution No. 89-43: C "Acquisition will not exceed a width of 80 feet." This sentence would amend the Resolution as well as the exhibits to said Resolution. The motion passed by a majority vote; Councilor Johnson voted "No." 11. ADJOURNMENT: 9:15 P.M. Approved by the Tigard City Council on June 26, 1989. (a/-10 1-61/1,4` GU/Vr et.l_ Deputy Recorder - City of Tiga0 ATTEST: (kW t�s,/as - City of i and Council President cw/9930D C Page 14 - COUNCIL MINUTES - MAY 22, 1989 • AGENDA ITEM N 2 — VISITOR'S AGENDA DATE 5/22/89 �' (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 / c-2 4.0 .s1 , D � DATE 5/22/89 I wish to testify before the Tigard City Council on the following item: (Please print the information) ("' Item Description: AGENDA ITEM NO. 5 - PUBLIC , HEARING - COMPREHENSIVE PLAN AMENDMENT .CPA.89-04 HUGHES/POSCO LANDS NPO #2 ************************************* ***************************************** Proponent (For Issue) Opponent (Against Issue) ************************************* ***************************************** Name, Address and Affiliation Name, Address and Affiliation 7'iea '-e ' n-j- C1�ian k qou) V i A.� 6X4 y! L O A/ F /✓ �/1 ks)---Gt....fr' ,....1'. A...--a )..)"-V.A-A-A---ri—k---/c. \,,,,,,,....,_____ vj0-Nn1 godes e .1 P A( I Lc p Ilect ---____- I 1 1 k,,...) 5 4 PO-Y -C ( C 11 DATE 5/22/89 I wish to testify before the Tigard City Council on the following item: (Please print the information) Item Description: ` AGENDA ITEM NO. 6 PUBLIC HEARING - APROPOSED LOCAL IMPROVEMENT.'DISTRICT (LID) TO CONSTRUCT 6TNEST:AND UTILITY IMPROVEMENTS TO SERVE THE PACIFIC -CORPORATE,CENTER PROPERTY ************************************* ***************************************** Proponent (For Issue) Opponent (Against Issue) ************************************* ***************************************** Name, Address and Affiliation Name, Address a d filiation b-ectse._ h art k u 0 IA ) ' / <'Z r lQVv� Vu:C�Soi� '�c��w� bvvnw ------------ C F CITY OF TIGARD, OREGON AFFIDAVIT OF POSTING In the Matter of the Proposed Ord ina11Ct s �cl- /1/alde 29--,s STATE OF OREGON ) County of Washington ) ss City of Tigard ) It . . I, V ..k.1, tuivwx, being first duly sworn, on oath, depose an say: That I posted in the following public and conspicuous places, a copy of Ordinance Number(s) F0 - ((J C1. 14d 5 i-/S- which were adopted at the Council Meeting dated 5/(90)/8? copy(s) of said ordinance(s) being hecto attached and by reference made a part hereof, on the b day of �� , 1989. 1. Tigard Civic Center, 13125 S.W. Hall Blvd. , Tigard, Oregon. ( 2. U.S. National Bank, Corner of Main and Scoffins, 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 1 , i Subscribed and sworn to before me this day of , 1 - 644 (A) . Notary Public for Oregon � My Commission Expires: ,57/Digi C NAIAD }oma .tilOM— a 92no(a- 5/acDlgcr CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: May 22, 1989 DATE SUBMITTED: ,• May 22, 1989 ISSUE/AGENDA TITLE: Initiation of ^PREVIOUS ACTION: Vacation Proceedings for a Port4op of SW 93rd • e. and SW Maplelea / . PREPARED BY: Development SvcM . gr. DEPT HEAD 0 . CITY ADMIN OK/ I' REQUESTED BY: Adioininq Property Owners PoLICY ISSUE A petition for the vacation of the above public rights-of-way was received and filed with the City on May 18, 1989. The petition was filed by the Trammel Crow Co. and contained the signatures of all abutting property owners and at least 67% of all owners in the affected area as defined by the Tigard Municiapl Code (TMC). The petition has been reviewed and meets all requirements defined by TMC 15.08.080. Council must now consider whether to accept the petition and initiate vacation proceedings or reject the petition. This consideration must occur within 30 days of the date the petition was filed per TMC 15.08.110(a). Should the Council accept this vacation petition, initiate proceedings for a formal review and call for a public hearing? INFORMATION SUMMARY Trammel Crow's Lincoln Five/Parking Structure project will require a number of • approvals including the vacation of these rights-of-way. Their desired time frame calls for construction this summer. Council's recent decision to approve their zone change request has now started the process for subsequent approvals. Of these, the vacation is probably the longest due to state law requirements. Realizing this, Trammel Crow has moved very quickly to complete the petition documents (4 days) and is requesting Council to initiate the process now and not wait until a later meeting. ALTERNATIVES CONSIDERED 1. Adopt the attached resolution initiating vacation proceedings and calling for a public hearing on July 10, 1989. 2. Take no action at this time and consider the petition at a later date, but within the required time before June 17, 1989. 3. Reject the vacation petition with just cause. FISCAL IMPACT Vacation of these rights-of-way would return control of the property back to private owners and place it back on the tax rolls in a high value commercial area. This would also increase the assessed value of the City. SUGGESTED ACTION Staff recommends that Council initiate vacation proceedings by adopting the attached resolution. I MAP TO ACCOMPANY DESCRIPTION IWITHIN THE NW 1/4 NE 1/4 SECTION 35 T1S R1W I CORAL I I I II 1:: LI ST 0 __ , . in 4 it z 4, 41 • / / z ." ,,..„,,,,o,..,K..,..m, ,:ii,..•;•7,x4., ,,,,i co 0\ • 4100 0 3 r.1 g :4 5 — t— cm — IrN 7 /CI a og. P It• a:...: _, '/15 ervieLL HEFf.. 17 ... 3 2 -4 0° ni; min° 1 4N55405 icl IC% In 1 „„,,., tu .4 ,,,7:,:. k:ww.*:;,..:•:0-44:4M: 52,-'s-i:s 0 In ° - I FOSTER. a „„,---,,,,<„,,,,• .4.:.:....,..,.:„. , , waote, --.F.:::•:,."0, ?-t.c..,.: ::-. d%,-,44::. wes 7. ar 1:',40.410 f° d- 5207- 0 71 0 di _ 1-,-. _ ,:‘, 54,00 5.504 i— ocKest- 5400 Sc-NAgr - 1- ewers METZGER. 131u2um4 3 0 .d 28 0 la ig v.4.- FF1 w 50,0a KII5 MET14001 -i co1 , iiire, r,:w5 4.1. 5.201 . rc Henestes. to t_ gonl ., - 11:40:..:.:. ....... ,'. - ?"ggaio'Co ig:.",r ;--04 .• WesEs. . , ..• . -. ., .4.m.,::::::::•:•.?r,... to 47" > CHURCH LOCUST ST I AREA PROPOSED TO BE VACATED iiii c.....z i 700 500 400 a 1 ict 1 204 6-) 2 w 0 ii: PREISILY KLEIN- Sr-mot- 0 i 2 DIC.K5orl 910 112 i8 HILL ' 5ot tmvrasJ oi s' 701 6wyout al, HALVER 4:41 0 E-* iin -S°t4 GOO 133 ,444:2&,e:• .. 501 4 V 0 I • 0 :,.... 102 i -I x HELM latA14 1 1002 c, 0 : C12.0W-SPIEKER.- Cr. MAPLELEAF ST • H0e,f0R1) -..........- r too4 ..„ ... HoscoP-0 cr 0 Igl c4 0 EEO iict S %.9 ES0 _ - • . I AFFECTED AREA _74 3400 5300 ni 8 PER TMC AND ORS LthIC.01...hl 6C-HOOL. .•,•37.:, - ft OS .:::;1•V 4. . DIST. :V: 3 PE. 12 •N A xi 2 crz t:;•,;-..• ctO CL 1° 3- In-1 InSU•?••••= ',9 P 0 K1 a 010, on gi. OAK ST ( IP .. . ,„. ...„.....,...„.,.„:„..„.„....,......,...„ „„.,,..,....,......,„. ....„ 4 3900 - . 1,4,•• .,::.4:5 ••• "'• •:'-•••• ••••::**,- ''''• cLacK- 11 ;C8S1 3 1 0 0 • :I: -.1thIG.WIR.TH/ F°1;147° glr4GE.R. ir -N- = PROPOSED VACATION AREA / r.ix5::':'';'•X ;•i":'.'"'-':::.:::1: PROPERTIES HAVE NOT SIGNED PETITION :ff:•••••:-,,,.",,..1sA 1" = 200' 11 :7, a_ CITY OF TIGARD, OREGON 41rCOUNCIL AGENDA ITEM SUMMARY AGENDA OF: Mav 22, 1989 DATE SUBMITTED: ISSUE/AGENDA TITLE: Selection of ''��//// PREVIOUS ACTION: Main St. Bridge Replacement Proiect, , for Street Bot. Funding i UI'fREPARED BY: Randall R. Wooley / DEPT HEAD 0 gt% CITY ADMIN OK/ /, -' /f REQUESTED BY: G POLICY ISSUE Selection of the specific Main Street improvements to be funded under the Street Bond. INFORMATION SUMMARY In the study session on May 8th, the Council discussed potential projects for funding under the $700,000 of Street Bond money budgeted for Main Street. The Council also received the recommendation of the Transportation Advisory Committee. There was consensus that replacement of the Main Street Bridge at Fanno Creek should proceed as a bond fund project. The bridge replacement is not expected to require all of the funding allocated to Main Street. However, there was consensus that selection of additional projects should be deferred until there has been further review of the Downtown Development Plan. Once the bridge replacement project has been formally selected by Council, staff will proceed with selection of a consultant team for design of the new bridge. Construction of the bridge replacement would then be tentatively scheduled for next summer. ALTERNATIVES CONSIDERED 1. Approve selection of the Main Street Bridge replacement as the primary use of Street Bond Funds for the Main Street Project. 2. Defer selection of the Main Street Project. FISCAL IMPACT Funding is authorized under the Street Improvement Bond. SUGGESTED ACTION Staff recommends that the Council, by motion, approve the replacement of the Main Street Bridge over Fanno Creek for funding under the Street Bond and authorize staff to proceed with consultant selection. 11 ( dj/SS-MSB.RW 1 .� CITY OF TIGARD, OREGON 4r. COUNCIL AGENDA ITEM SUMMARY AGENDA OF: May 22, 1989 DATE SUBMITTED: Mav 12, 1989 ISSUE/AGENDA TITLE: _GSA Contract_ PREVIOUS ACTION: _Contract Approved on_ September 12, 1988 PARED BY: Elizabeth Ann Newton DEPT. HEAD OK ;p,CITY ADMIN OKl � // REQUESTED BY; POLI%1 ISSUE Should the City reimburse the City Center Design consultant for costs incurred over the "Not to Exceed" contract amount? INFORMATION SUMMARY On September 12, 1988, the City entered into a contract with GSA for a design plan for the City Center planning effort. The contract was for a sum not to exceed $20,000. GSA has incurred costs above the contract amount and has asked the City to reimburse the firm for some of those costs. Staff has reviewed the request and the contract, and can support reimbursing GSA for additional meetings not anticipated in the contract at a cost of $2,040.00. In addition, GSA constructed a model of the design concept at a cost of $4,020.00. Although not authorized under the contract, or by the staff, the City Center Plan Task Force did use the model at several public presentations. For that reason, staff could support reimbursing GSA $2,000.00 for the model. Should Council agree to compensate GSA the $4,040.00 recommended by staff, there are unencumbered funds in the Planning Division's contractual services account. Attached is a resolution which if approved, would authorize the City Attorney to reimburse GSA. ALTERNATIVES CONSIDERED 1. Direct staff not to reimburse GSA for any expenditures over the $20,000.00 contract amount. 2. Direct staff to reimburse GSA $2,040.00 for meetings attended outside the contract scope. 3. Direct staff to reimburse GSA $4,040.00; $2,040.00 for meetings and $2,000.00 for the model. FISCAL IMPACT The funds to be reimbursed could be paid out of the Planning Division's contractual services account. $7,000 in that account for special area studies remains unencumbered. SUGGESTED ACTION Approve the attached resolution. jh/gsa ccsum.mst 3 Li CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: May 22, 1989 DATE SUBMITTED: May 11, 1989 ISSUE/AGENDA TITLE: CPA 89-02 & 4 j PREVIOUS ACTION: Council denial ZC 89-03 andersl / on J/ f PREPARED BY: Jerry OfferO Asst. Planner DEPT HEAD 0 CITY ADMIN OK/ // REQUESTED BY: VVVVVV 1!� P LICY ISSUE INFORMATION SUMMARY On April 24, 1989, the Council denied the above application and directed staff to prepare a final order. The attached resolution has been prepared to reflect the Council's motion on this matter. ALTERNATIVES CONSIDERED 1. Approve the attached resolution. 2. Modify and approve the attached resolution. FISCAL IMPACT SUGGESTED ACTION Approve the resolution. �,, dj/CCS-CPA.JO CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: 5/22/89 DATE SUBMITTED: 5/11/89 ISSUE/AGENDA TITLE: Director's_ PREVIOUS ACTION: _4/6/89 Director's Interpretation Appeal -- Interpretat'on S & L Landsc • • / REPARED BY: Keith Liden DEPT. HEAD O./a CITY ADMIN 0 I! REQUESTED BY; •OL Y ISSUE INFORMATION SUMMARY On April 6, 1989, the Planning Director issued an interpretation stating that the business activity that has been established at 14380 SW 97th Ave., is not permissible as a "farming" activity. An appeal of this interpretation has been submitted by John Schwab on behalf of S & L Landscaping. Attached is a vicinity map, a copy of the explanation of the business submitted by Jim Castile, the Director's interpretation, and the appeal letter. ALTERNATIVES CONSIDERED 1. Uphold the Director's Interpretation. 2. Reverse the Director's Interpretation and allow the use as a "farming" activity. FISCAL IMPACT SUGGESTED ACTION Uphold the Director's interpretation. /br ccsum.mst I • • • • \• :40 . • . . • 0000 \ .MENTAR ��'G.ARD4* • . ,� • • • • • • • •&.\71,, �, ••••••••••• • • •••• / • • e • • • • • OOL 4, Alt, 4* / eS ••• • • • • e • • • • • • • • • 'I� 1 • • • • • • • • • •. • • • •. e • • 1 lib ec. ,• iiirr>/ .... • . • . . • • •• . • • • • ••••• rim" • ,„,„ ••••• •••.• . • • • • • • . . \ 44/ ,40—\101.4.* top • • • .-.-•-• . . . . . . . . . . . . eli. wo : •. 11 . •, liVr8 .4 / • 000000000500 0 450000 .0.0. .0.0. 0.0 0 • 0 .0.0 0 0 I IP ,.7.,,s,:s. 4 4 I I OVAI,,, 094. Ait . 0 olk • ...:.•:•.7 `�, L1 • YI'C• J . * ''#1,j& .r \.#44 Ole 17, .t. .>. 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Q \ ELEMENTARY HEIJI 111111 ' `2 March 10, 1989 City of Tigard City Hall Tigard, Oregon Att: Keith Liden, Senior Planner • RE: PROPERTY AT 14380 S.W. 97th Tigard, Oregon Keith: As discussed, It is our intention to remove everything from the back property that is not associated with a nursery within approximately 90 days, based upon our finding a piece of property that we can use for commercial sales and service. We have made an offer at this time for a piece of property located in Sherwood. It is our intention to continue using the back property as a nursery with no sales office located on the premise as per the definition of Farming on page 24, Title 18. ist As per Section 18 .50 .020 for zoning R 4-5, a use permitted outright, section 18.50.030, is a use which requires no approval under the provisions of this title (code) . As Der 18.50.030, Farming is a permitted use which requires no approval under the provisions of this title (code) We will have our nursery license transferred over to this property that we currently hold. We will operate under any and all state codes required of such. Enclosed is a diagram of what we hope the property to look like. Tank you, TT -may! Jim Castile s •1 .z 1 - 3/4- 3 Mi n 3 021 t T � •W• i -j- _ 6L'69 • ^1Z'ib 1 61.9 (15.6) SOIL O'W • ;� �V OW - O�Pn• ‘.) .. w •. w • -- (NO°46'53"E 152 I8 ) •� \. -; / 44nfe .'1►`�~l `1► \-C��C�--. )\.._ ; ! ?of le fQ' ri tic (7) NC°a 6'52"E Z \, CO r 0 ,p .0 ► eC7 Try r•S r r rii,,,,,ks Ill ca n4o,.,.s - 1-11 C;2'‘ rn Z m 1 • 0 w c u N `NO r----:- W *,Yrs• 12 —1,, . (D Co ..c C • ..' ‘t 611 [---- 0 r CA 1131 ...- .I 'N i, .1 ..1., ' 0 ''' j -7: ,\X • -----1-----;•43--------1-3`3 5 2 ``�, 2 I?"t.'"-, OF rC...6-,..-.-1- n -(- 1�rr — r 3 NN. .� FYIS� n w , t !n fv z 5!walf.7.5 iNN„ \ _ — __. Z Sort Me/ •I Vt .w 01 .J lL' O O \` R1w10vl4 ) . w 1 , t4 13 4 5 f 'or �' �` • 6!o„A�Q coact Ey,54,A1- _Y Get! Pile -•4 Q . .s -to be gem. 0 1 1, , - : 1 /fr$1 1 .1 i1/j"if\ i ,l/' ztk ll . 1 C�06,/,,y.. 74-r...s 9.6 5 r • e A 4sr April 6, 1989 arr OF WARD Mr. Jim Castile OREGON 9563 SW Inez Street Tigard, OR 97223 RE: "Farm use" in the R-4.5 Zone 14380 S.W. 97th Avenue Dear Mr. Castile: I have reviewed your request for a Director's interpretation of the Community Development Code relative to the definition of farm use and its application in the R-4.5 (Single family residential, 4.5 units/acre) zoning district. Your request has been prompted by complaints received from nearby residents regarding the use of the above property for a nursery and landscaping business. The purpose of this letter is to clarify the City staff position on this issue. ' It is first useful to outline the facts as I understand them: 1. The property at 14380 S.W. 97th Avenue is zoned R-4.5 ,as are all surrounding properties. 2. The property is 1.45 acres in size and it contains one dwelling whose residents are not involved in the nursery/landscaping business. 3. The property is presently used for the storage of earth, gravel, rock, a portable outhouse, a storage tank, irrigation equipment, storage sheds, and a variety of plant materials. You indicate in your letter of March 10, 1989 that all materials not associated with the nursery will be removed within 90 days. A site plan was submitted with the March 10th letter which illustrates a garden area, earth storage area, outdoor storage space for plant materials, accessory building, and screening along a portion of the perimeter of the property. 4. Employees are and will continue to ha on the property periodically. 5. "Farming" appears as a permitted use in the R-4.5 zone (Section 18.50.030 A. 1.). This term is defined in Section 18.26.030 of the Community Development Code as "Farming, truck gardening, orchards, and nurseries, provided no retail or wholesale business sales office is maintained on the premises...". The remainder of the definition is not relevant because it pertains to livestock. 6. It is your contention that because farming appears as a permitted use in the R-4.5 zone, that the business being conducted on the property is a use which requires no approval under the provisions of the Code. C • 13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 • 41r Based upon the above information, I make the following conclusions: 1. The primary purpose of residential zones is not to accommodate commercial/industrial activity or businesses with employees. 2. The existing and proposed use of the property will primarily serve as a staging area for the temporary storage of plants and other landscaping materials. 3. Since the primary activity on the property will not involve the propagation of plants but merely the temporary storage of plants and related materials, this is an outdoor storage use that is customarily permitted in conjunction with a number of activities in the City's industrial zones. Outdoor storage of materials is clearly not allowed in residential zoning districts. The existing and proposed use of the property as described in your letter of March 10, 1989 is not consistent with the regulations of the Community Development Code. The present storage of materials on the site must cease and the material .moved from the property within a reasonable amount of time (eg. one month) that can be scheduled with Coy Humphrey or me. This interpretation may be appealed to the City Council if a written request, justification, and $50.00 fee are submitted. In order to proceed toward a prompt resolution of this issue, I must require that you either submit an appeal of this interpretation or agree to a schedule for removal of the Ar material within 10 days of receiving this letter. Please feel free to contact me if you have any questions. Sinc a y, . 44_ Keith S. Liden Senior Planner A. •ed 4m! 'd Mu Directo Co unity Development Dept. McCLURE 8 SCHWAB ATTORNEYS AT LAW 9250 S.W.TIGARD AVENUE CHARLES J.MCCLURE TIGARD,OREGON 97223 FAX(503)639-3447 JOHN E.SCHWAB TELEPHONE(503)639-4108 • April 17 , 1989 Honorable Gerald R. Edwards, Mayor City Council City of Tigard 13125 S.W. Hall Blvd. Tigard, Oregon 97223 Re: S & L Landscaping, Inc. - Director' s Interpretation. Dear Mayor and Council Members: This office represents S & L Landscaping, Inc., which has a lease-option on property at 14380 S. W. 97th Avenue in Tigard. That property is a 1. 45 acre parcel, zoned R-4.5. S & L Landscaping is a commercial landscaping and nursery business. The corporation has been using the subject property as a nursery. On April 6, 1989, the Planning Director issued a Director's Interpretation which held that the existing use and the future IF use proposed by my client in a meeting with the planning staff, are not consistent with the regulations contained in the Code. We hereby appeal that interpretation. Among the outrightly permitted uses in an R- 4.5 zone is farming ( 18.50.030 (4) . The Development Code defines farming as follows: Farming, truck gardening, orchards and nurseries, provided no retail or wholesale business sales office is maintained on the premises, and provided that no poultry or livestock, other than normal household pets, are housed, or any fenced run is located within 100 feet of any residence other than the dwelling on the same lot. ( 18. 26.030). The Code contains no definition of "nurseries", but the evidence we present will show that the appellant' s use of the property is well within the accepted scope of nursery activities. That evidence will follow by separate submittal. Sincerely, MC CL RE & SCHWAB Ar JES:gg NL cc: S & L Landscaping /in E. Schwab NMEIVEDAMMMM MAY 9 1989 McCLURE 8 SCHWAB ATTORNEYS AT LAW 9250 S.W.TIGAPD AVENUE TIGARD.OREGON 97223 FAX(503)639-3447 CHARLES J.MCCLURE ._- JOHN E.SCHWAB TELEPHONE(503)639-4108 May 9 , 1989 Planning Department City of Tigard 13125 S. W. Hall Blvd. P. O. Box 23397 Tigard, Oregon 97223 Re: S & L Landscaping, Inc. Dear Sir or Madam: Enclosed please find a Memorandum in Support of the Appeal of the Director's Interpretation I filed on behalf of S & L Landscaping on April 17, 1989. i understand this will be on the City Council's agenda for Monday, May 22, 1989. Sincerely, McCLURE & SCHWAB n E. Schwab JES/sw Enclosure S.18 cc: S & L Landscaping, Inc. 0 MEMORANDUM IN SUPPORT OF APPEAL OF DIRECTOR' S INTERPRETATION Appellant, S & L Landscaping, Inc., operates a nursery on property in Tigard that is zoned R-4.5 and by this appeal seeks to preserve that use of the property. Farming is outrightly permitted in the R-4.5 zone. The Development Code defines farming as, "—.truck gardening, orchards and nurseries...." There is no definition of nurseries in the code and this matter hinges on whether the Director has correctly defined that term in his letter of interpretation. Appellant has been granted a nursery license by the Department of Agriculture of the State of Oregon and has held such a license since 1983. On the site in question the Appellant is propagating ivy and other nursery stock from starts and transferring the growing plants to bigger and bigger containers; it is growing trees both in containers and by heeling them into sawdust, and it is holding and maintaining the healthy growth of several varities of containerized shrubs, flowering plants and trees for later resale or replanting by landscape crews. All of these activities are within the usual and ordinary activities of a nursery. Appellants' license is the same as the license for Hector's Nursery on Pacific Highway in Tigard, which is mainly a retail business and the NPI-Inc. Nursery on Beef Bend Road west of King City, which is a wholesale nursery. The Director appears to base his interpretation on his observation that the use of the property will primarily be "a staging area for the temporary storage of plants," and "will not involve the propagation of plants." In other words, staff would be more comfortable if this property had material actually cultivated in the ground, rather than in containers. That would then be closer to "farming. " However, the propagation of plants in the nursery business involves two types of operations; container yards and field crops, depending on what is the more efficient process for an individual plant type. Some shade and fruit trees grow better planted in rows, or their harvesting is more efficient. Most other nursery stock is propagated and grown in containers. The use of containers makes it easier for the plant to be repotted at various stages of maturity and also easier to distribute in the chain of commerce. It • One of Oregon's largest nursery operations is the Monrovia Nursery near Dayton, Oregon, which has about 650 acres of growing nursery stock, all in containers. Obviously, that operation is totally out of scale with the Appellants' nursery operation, but the point is both are "container yards" or "holding yards" as those terms are used in the nursery business and in the eyes of the Department of Agriculture. Both are nurseries. Until Tigard's Code is amended to put some restrictions on the types of nurseries it will allow under the definition of farming, there is no good reason to exclude the nursery at issue here. Respectfully submitted, McCLURE & SCHWAB ,4„,b Jo- E. Schwab 4 q Coct-tial c%G2ao.. S/:la I -q d May 22, 1989 =--,,n-_1�� E '89 VIM 22 AM 10 18 clri OF T ICAR City Council City of Tigard - 13125 SW Hall Blvd. Tigard, OR 97223 RE: Mr. Castile dba S&L Landscaping. Subject: Appeal Dear Council Members: In a letter dated 6 April, 1989, from senior planner Keith Liden of the city of Tigard to Mr. Jim Castile I quote. " The primary purpose of the residential zones is not to accommodate commercial/ industrial activity or businesses with employees." Mr. Castile is operating a landscaping business out of this property with employees. I believe the important point for the City Council to consider is that Mr. Castile does not raise any type of crop or nursery stock, rather he uses the property for a staging area for his Landscape business. In addition the property is used for the storage of soil, rock, irrigation pipe, equipment, trucks, etc.. The garage of the existing house has been converted to an equipment repair facility. A portable outhouse has brought in for the employees. Storage sheds have been erected on the property. "Nursery" is defined as "a piece of ground or place where YOUNG PLANTS are raised for transplanting or sale." This does not apply to the activities being conducted by Mr. Castile. The plants that are currently on the property were in all probability purchased from a nursery by S&L Landscape company and stored for use at other locations. In addition ,the removal of all but the plant materials will still not constitute a nursery and hope that the Council will keep this in mind during Mr. Castiles' Appeal. The City Development Codes in relationship to "farm use" were developed to allow for compatible growth of the city in the already existing farming community of Tigard. This, although not so stated in black and white, has always been the direction the City of Tigard has 11( taken. Mr. Castile also lives near the property in question, and City of Tigard May 22, 1989 Page 2 should be aware that the area is becoming an increasingly larger residential neighborhood. In closing, I would like to say, that it is my opinion that a "farm or nursery" paints a mental picture of a pastoral scene, with young crops being raised for sale, not mature plants being loaded and unloaded by equipment on a daily basis. I would like the City Council to further note that it concerns me that Mr. Castile sits on the Planning Commission and has a say as to the future uses of lands in the city. C Sincerely, Steve Knebel 14535 SW 97th Tigard OR 97224 C • DATE 5/22/89 I wish to testify before the Tigard City Council on the following item: (Please print the information) C. Item Description: ;:AGENDA ITEM NO. 4 - APPEAL PPUBLIC HEARING — COMMUNITY DEVELOPMENT DIRECTOR'S` :INTERPRETATION' S &-L`'LANDSCAPING = 'INC. ************************************* ***************************************** Proponent (For Issue) Opponent (Against Issue) ************************************* ***************************************** Name, Address and Affiliation Name, Address and Affiliation " PLPCLs C PR 7V T ( hU3ouD S-e v IC ,.l s I 5 MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor & City Council May 16, 1989 FROM: Cathy Wheatley, Deputy Recorde SUBJECT: Council Meeting of May 22, 1989 Packet Material for Agenda Item No. 5 There will be a separate delivery of the packet material for the above-referenced agenda item. cw c MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor City Council May 17, 1989 FROM: Cathy Wheatley, eputy ecorder SUBJECT: Packet Material - May 22, 1989 Council Meeting Agenda Item No. 5 - Public Hearing CPA 89-04 Hughes/Posco Lands, NPO #2 Enclosed is the packet material for the above-referenced public hearing scheduled for May 22, 1989. cw C CITY OF TIGARD, OREGON air COUNCIL AGENDA ITEM SUMMARY AGENDA OF: Mav 22, 1989 DATE SUBMITTED: May 11, 1989 ISSUE/AGENDA TITLE: CPA 89-04/ PREVIOUS ACTION: Reviewed by Planning ZC89-04 (Hughes-Posco Lands, In Commission on May 2, 1989 // PREPARED BY: Jerry Offer, Asst. Planner tCcoa- 4 DEPT HEAD • Ai% CITY ADMIN OR/ ir 1 REQUESTED BY: Ed Murphy, CD Director =3 P.' ICY ISSUE k. Should the City redesignate approximately 1.75 acres from Commercial Professional (C-P) Plan and zoning designations to Medium-High Density (R-12), along with redesignating approximately 3 acres from Medium Density Residental (R-12) to Medium-High Density Residential (R-25) in an area developed with a variety of land uses. INFORMATION SUMMARY On May 2, 1989, the Planning Commission reviewed a proposal to amend the Comprehensive Plan map from Professional Commercial to Medium-High Density Residential and to amend the zoning from C-P (Professional. Commercial) to R-25 (Residential, 25 units/acre) for 1.75 acres located at 11505 - 11515 SW Hall Blvd. The property is currently developed with 2 single family residences. Also requested is a Plan Map amendment from Medium-Density Residential to Medium High Density Residential and a zone change from R-12 (Residential, 12 units/acre) to R-25 for 3.02 acres located at 11555 SW 88th Avenue. This 411 second parcel is currently developed with a 49 unit apartment complex. The two properties involved in this application abut each other. The Planning Commission recommends denial of the proposal. Attached is a vicinity map; the Planning Division staff report; the May 2, 1989 Planning Commission minutes regarding the proposal; and the applicant's proposal (relates only to 11505-11515 SW Hall Blvd.). ALTERNATIVES CONSIDERED 1. Approve as recommended by staff. 2. Deny as recommended by the Planning Commission. FISCAL IMPACT ____ SUGGESTED ACTION Approve the proposed Plan/zoning map amendments. Adopt the staff report as findings supporting the approval and direct staff to prepare a final order. br/CPA89/04.jo I MEM . "v i■ ......................... - 1 L■■ a ■■■1 1 AP HORN S� miL ist romparemisrati II fit-2 . m TI ('&I �. 111[d -IIIIIA WIII I.• �. _ , i ,, 1,!,1,1 �. IE use J /� tzis , Amerin I= 1 ■■■/. �►�� _ ii I, il;111111H1111171111111atrAindim' I aii - E Y ■ I! rreillim l ill 1=2 tImr- 1:: --.2 ,71.1.0 ® „d M® PFAFFLa ilI.in Ma _ bit, 7um el 1 al AultAmiii 1 ...■II mTa ,,,,I ._-_i... . riU 'J..- .- -- - t IIon fit. � _ MIL A �■► ..2 , 1RNJ LII lit I . ' ‘ ` R040MAY �,l l 4 1 „;7711111111-','"InklirP.,11.11r.P.1",\\ kr_ l /...,Plirgi\ .; 1 44itgai r,,,:,:. 1 414.V \\\\,2,----- 1 . .1 , : 1 h , , t + v -- j 1 .1 ti's �'^• ®I OV 6 `.�_J� i 1r [ .j r..., * Ir4ifA1 ---, 5t. `\\ np, Ill \\ I I , . PP islik. a 111111k . re • 9p \\ NW Z! .., S V" • 36 1. \ . vs, „q ,,,,79 . SPD ‘4.6 I . 4- ..TI •• PARK all 4Scip • .-.-. Fri•1.1*T-iii• _ N„,,,,, -0, - .• „,.' , , , .• .•. .'.'. ® 217 •44,-.? ,• 0• • • • • worry .. ii,a• . 10 • Sp 4044§1 "4'4" : ----------------- 3 • 7.;Ikekilq: ..... 44$0 . IR Ile II . eili. •._ o. . . a tn. fif ia* s. %7' %. 'N 4* '-' 0 I .. . / \ % ‘ .-q‹...e ..• 5 ll I Vit. Ill ‘''0;• . -fs(4 El .* •:• ' •.•At .//14, •. •• ---41. 4-R Ncy 11111 •,i5. •.•. • . \ 4 * • • • • -\\ lkillil N •• . . �/ • • • • • • . . . Mk STAFF REPORT AGENDA ITEM 5.3 4r- May 2, 1989 - 7:30 P.M. TIGARD PLANNING COMMISSION TIGARD CITY HALL - TOWN HALL 13125 SW HALL BLVD. TIGARD, OREGON 97223 A. FACTS 1. General Information CASE: Comprehensive Plan Amendment CPA 89-04, Zone Change ZC 89-04 REQUEST: A request for a Comprehensive Plan Map amendment from Professional Commercial to Medium-High Density Residential and a zone change from C-P (Professional Commercial) to R-25 (Residential, 25 units/acre) for 1.75 acres (Hughes' property) and a Comprehensive Plan Map amendment from Medium Density Residential to Medium-High Density Residential and a zone change from R-12, (Residential, 12 units/acre) to R-25 for 3.02 acres (Posco Lands' property). The parcels abut each other. APPLICANT: Bowen Development Co. OWNERS:Dr. David Hughes 41, 111 SW 5th Avenue Woodrow Hughes Portland, OR 97204 11565 SW Hall Blvd. Tigard, OR 97223 Portland Oil Svc. Co. Posco Lands, Inc. 610 SW Broadway, Suite 400 Portland, OR 97204 LOCATION: Hughes property - 11505-11515 SW Hall Blvd. (WCTM 1S1 35DA, tax lot 1400) and Posco property - 11555 SW 88th Avenue (WCTM 1S1 35DD, tax lot 3300). 2. Background Information Both parcels are within the original 1961 incorporation boundaries for the City of Tigard. Planning Division records show only one land use or development application involving either of the parcels since that time. In 1988, tax lot 1400 was the parent parcel involved in Minor Land Partition MLP 88-01 which resulted in the creation of parcels of 0.74 acres (site of the Kindercare Learning Center) and 1.75 acres (the present tax lot 1400). 3. Vicinity Information Properties to the north and east of the subject properties are zoned C-P and contain a medical office building and a day care center STAFF REPORT - HUGHES - CPA 89-04/ZC 89-04 - PAGE 1 on parcels fronting on Hall Boulevard, nonconforming single family residences and vacant parcels which also have frontage on Hall Boulevard, and three undeveloped parcels which are landlocked. In addition, a mobile home park is located east of tax lot 3300 on property zoned R-12. The Tigard Plaza shopping center is located to the southeast of the subject parcels. This property is zoned C-G (General Commercial). The Plaza Gardens apartment complex is located to the west of tax lot 3300. This parcel is zoned R-12. Properties to the northwest and west of the subject properties contain single family residences and duplexes and are zoned R-4.5 (Residential, 4.5 units/acre). 4. Site Information and Proposal Description Tax lot 1400 contains two single family residences which are set back approximately 400 feet from Hall Boulevard. A 32 foot by 290 foot accessway, which contains a 30 foot wide paved driveway serving both Kindercare and the houses, connects tax lot 1400 with Hall Boulevard. Tax lot 3300 contains the 49 unit Park Place Garden Apartments on 3.02 acres. The parcel is therefore developed at a density in excess of 16 units per acre. Access to the apartments from Center Street is via an approximately 45 foot wide by 500 foot long access drive which is located between the Tigard Plaza and Center Court shopping centers' parking lots. This private road is known as SW 88th Avenue. The applicants request that the Comprehensive Plan map designation for tax lot 1400 be amended from Professional Commercial to Medium-High Density Residential and the zoning from C-P to R-25 (Residential, 25 units/acre) and also that the Plan map designation for tax lot 3300 be amended from Medium Density Residential to Medium-High Density Residential and the zoning from R-12 to R-25. The redesignations are requested in order to allow apartment development on tax lot 1400 and to allow possible future redevelopment of tax lot 3300 at at least its present density. As presently zoned, the apartments on tax lot 3300 are considered a nonconforming use because the parcel is developed at a greater density than the zone permits. 5. Agency and NPO Comments The Engineering Division has reviewed the proposal and offers the following comments: 1. Under the current zoning for tax lot 1400, the potential exists for development of an office building of approximately 110,000 square feet. The proposed zoning redesignation to R-25 would allow development of approximately 44 apartment units on tax lot 1400. The potential traffic impacts of full development under the proposed R-25 zoning designation are less than the potential impacts of full development under the current C-P zoning. No analysis was provided regarding the potential impacts of the proposed redesignation of tax lot 3500. 2. Sanitary and storm sewers are available to serve future development on these properties. The Park Place Garden apartments are presently served by sanitary and storm sewers. The adequacy of these facilities to serve future development will be assessed during the review of any future development proposal. STAFF REPORT - HUGHES - CPA 89-04/ZC 89-04 - PAGE 2 e The Oregon State Highway Division reviewed the proposal and offered no objections to the proposed redesignations. The Highway Division, however, noted that access impacts upon Hall Boulevard will need to be addressed through the review for any future development proposal on tax lot 1400. The Metzger Water District, Washington County Fire District #1, and the City of Tigard Building Division reviewed the proposal and offered no comments or objections. No other comments were received. B. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Statewide Planning Goals 1, 2, and 10; Tigard Comprehensive Plan policies 2.1.1, 6.1.1, 7.1.2, 7.8.1, 8.1.1, 8.1.3, 8.2.2, and Chapter 12, Locational Criteria; and the change or mistake quasi-judicial map amendment criteria of both the Comprehensive Plan and Community Development Code. The Planning staff concludes that the proposal is consistent with the applicable Statewide Planning Goals and Guidelines based upon the following findings: 1. Goal #1 is met because the City has adopted a Citizen Involvement program including review of all development applications by Neighborhood Planning Organizations (NPO). In addition, all public notice requirements have been satisfied for this application. 2. Goal #2 is met because the City has applied all applicable Statewide Planning Goals, City Comprehensive Plan Policies and Community Development Code requirements to the review of the proposal. 3. Goal #10 is satisfied because the proposal will provide for additional housing opportunities as promoted by the City's Comprehensive Plan and the Metropolitan Housing Rule (Oregon Administrative Rules, Chapter 660, Division 7). Approval of the proposal would increase housing opportunities on the City's developable residential lands to 10.18 dwelling units per acre as compared to the current 10.16 units per acre. Approval would also provide increased opportunities for multi-family development. Only potential housing opportunities on tax lot 1400 are included in this calculation since tax lot 3300 is already developed and therefore is not included in the City's buildable land. The Metropolitan Housing Rule requires that the City maintain a minimum housing opportunity rate for developable lands of 10 units per acre and a minimum 50/50 opportunity mix for single family and multi-family housing. The Planning staff has determined that the proposal is consistent with applicable portions of the Comprehensive Plan based upon the findings noted below: STAFF REPORT - HUGHES - CPA 89-04/ZC 89-04 - PAGE 3 1. Plan Policy 2.1.1 is satisfied because Neighborhood Planning Organization #2 and surrounding property owners were given notice of the hearing and an opportunity to comment on the proposal. 2. The purposes of Plan Policy 5.1.3 will be furthered by the proposed redesignation because allowance of increased residential opportunities within close proximity to the central business district, which is aproximately one quarter mile south, may make the central business district more economically viable because future residents of the properties would be anticipated to utilize nearby commercial and civic opportunities within the central business district. In addition, redesignation of commercial property outside of, but close to, the central business district may reduce the liklihood that a new commercial enterprise would bypass commercial development opportunities within the central business district. 3. Plan Policy 6.1.1 is satisfied because the proposal would provide the opportunity for additional multi-family development and would increase the net housing opportunity on buildable lands in the City. This is detailed in the discussion for Goal 10 above. The City of Tigard is obligated through the Metropolitan Housing Rule to provide for an equal housing opportunity mix of single family and multi-family units with an overall development density of 10 units per acre. The City must ensure that sufficient higher density areas are available so the intent of the Housing Rule can be met. The proposed redesignation would further the City's compliance with these requirements. 4. Plan policies 6.3.2 and 6.3.3 will be satisfied because the proposal would allow for redevelopment of the properties in ways that may be more compatible with adjacent established residential areas than the existing uses or currently permitted uses of the C-P Zone. Future development of the parcels will be subject to density limitations within 100 feet of lower density residential zones and also will be subject to setback, buffering, and landscaping requirements that may lessen impacts on adjacent properties to a greater extent than would occur under Code requirements applicable to development proposals under the current Plan and zone designat4ms. 5. Plan Policy 6.6.1 will be sa::isfied through the imposition of buffering and screening requirements of the Community Development Code to any future development proposal for the properties. 6. Plan Policies 7.1.2, 7.2.1, 7.4.4, and 7.6.1 are satisfied because adequate public service capacities are available to serve potential development on the properties. Storm sewer and sanitary sewer extensions will be necessary to serve future development on tax lot 1400. This can be accomplished as a condition of developing the site. 7. Plan Policy 7.8.1 is satisfied because the Tigard School District was informed of this proposal. The School District is presently constructing an addition to the Durham Elementary School and is STAFF REPORT - HUGHES - CPA 89-04/ZC 89-04 - PAGE 4 also reviewing proposed changes to school attendance boundaries. C These actions are intended to alleviate overcrowding in existing classrooms and to provide additional capacity to serve future growth in the area. 8. Plan Policy 8.1.1 commits the City to plan for a safe and efficient street and roadway system that meets current needs and anticipated future development. This policy would be satisfied because the proposed redesignation of tax lot 1400 would reduce the anticipated traffic onto Hall Boulevard as noted by the Engineering Division and because any additional traffic that might result from redevelopment of tax lot 3300 would not directly impact an arterial or collector street. The Engineering Division will review any future development proposals for either of the properties and may require improvements to affected public streets to reduce impacts resulting from future developments. 9. Plan Policy 8.1.3 will be satisfied as a condition of approval of any future development of the properties. Necessary street improvements to Hall Boulevard may be required at the time of development of tax lot 1400. The City's Engineering Division and the Oregon State Highway Division will review any future development proposals for either of the properties. 10. Plan Policy 8.2.2 is satisfied because Tri-Met offers bus service on Pacific Highway, less than one quarter mile from the properties, and on Hall Boulevard, on which tax lot 1400 has frontage. Therefore, the proposed redesignation would locate an intensive type of development within close proximity to existing public transit routes. 11. The Locational Criteria specified in Chapter 12 of the Plan for Medium-High Density Residential use are satisfied for the following reasons: a. The subject properties are not committed to low density development. Density transition, buffering, and screening requirements of the Community Development Code will assist in making future developments on the properties compatible with neighboring duplexes and single family residences as well as with other apartment developments. b. Tax lot 1400 has direct access to Hall Boulevard, an arterial, and indirect access to Pacific Highway, which also is functionally classified as an arterial. Tax lot 3300 has indirect access to both Pacific Highway and to Greenburg Road, a major collector street. c. Serious development limitations affecting the properties are not evident and public facilities are either present or can be extended to serve future developments on the properties. 4 ' STAFF REPORT - HUGHES - CPA 89-04/ZC 89-04 - PAGE 5 d. Public transit is available on both Hall Boulevard and on Pacific Highway within easy walking distance of both properties. e. Convenience retail service is available nearby along Pacific Highway. Commercial and business centers are located within close proximity to both properties. f. The Park Place Garden Apartments are presently provided with a swimming pool and other common open spaces. Common open space and recreational facilities that customarily are provided with multi-family developments will be required of future multi-family development on tax lot 1400. No public open space is located within the immediate vicinity of these parcels. In order to approve a quasi-judicial amendment to the Plan and zoning maps, the City must also find that there is evidence of a change in the neighborhood or community which affects the subject parcel. Alternatively, the City must find that there has been a mistake or inconsistency made in the original designation of the parcel. (Comprehensive Plan, Volume 2, Policy 1.1.1, Implementation Strategy 2; Community Development Code Section 18.22.040(A)). For the subject parcels, a combination of assertions of both a mistake and a change of circumstances affecting the parcels may be made. A mistake may have been made in not recognizing the existing development density of the Park Place Garden Apartments at the time the parcel was designated with the Medium Density Residential Plan designation and the R-12 zone. As such, the apartments are a nonconforming use in the R-12 zone and would be limited in opportunity to redevelop at their present density. The property's owners therefore desire that the Plan and zoning designations be amended to be consistent with the property's existing density and to therefore improve their opportunities for redevelopment of the parcel. Tax lot 1400's current designations of Commercial Professional and C-P are not characterized as a mistake, but instead are likely based on decisions which could have gone one way or another, and because of changes in circumstances the choice not taken may have provided the opportunity for development of the property. Staff best developmentpP Y possible that it is to make findings for the property satisfying y g all applicable Plan policies and locational criteria for either the Commercial Professional or Medium-High Density Residential Plan designations. The Commercial Professional designation is the designation that has previously been assigned by the City. The property's owners have had a difficult time attracting developers of uses allowed in the C-P zone to the property largely because of its lack of visibility from major roadways. The owners, however, believe that the property has adequate access to attract multi-family development to the site and that its lack of visibility will not detract from its attractiveness for residential use. The owners also believe that in addition to the above, the demand for developable multi-family residential land is now greater than the demand for Professional Commercial land and this constitutes a change of circumstances. STAFF REPORT - HUGHES - CPA 89-04/ZC 89-04 - PAGE 6 C. RECOMMENDATION The Planning staff recommends that the Planning Commission forward a recommendation for approval of CPA 89-04/ZC 89-04 for the Hughes and Posco properties to Medium-High Density Residential and R-25(PD) . ) 44(-0,1.4--- PREPAR BY: erry n •r APPROVED BY: Keith Liden Assis.:� Planner Senior Planner br/9648D W . lira i '41111111146A4 -N II •11,lai`� NO- 11111 A- II ilk ,--- T - 41iT/7 Ill 0 eb gill • Oiliii s.w : ME _....i nor \ ‘ diol, ! ' '!T 1. v i ,li m - .::- , ,104i.,.. , - . ' 4 AI Ilk . 16111111111 I . , V ■. II; um ® t iliVir4 t` ■ 1 �'N 1 .1 �. 0 Pit ■II ►•. 4011111 . • III I : 7—'7"--1 k / 4) 4 1° a lia •'• r Cfr IV, 1 t a . . 0, • . 1 -- ` ... 1 ' :5,- \ • •• 111111,184.- 6.7 '4 . • • • idd • • . I „a, ( STAFF REPORT - HUGHES - CPA 89-04/ZC 89-04 -- PAGE 7 iir • Mark Vander Yacht, 9125 SW Locust, Tigard, OR 97223, lives in the Co ty. His basic concern is traffic created by Washington Square. felt rammell Crow's project would have a limited impact. o Ber. Helm, 9255 SW Mapleleaf, Tigard, OR, 97223, tax lot 74 , supported the quest. o Brian Ha- erson, 10180 SW 93rd, Tigard, OR 97223, t- lot 701, has the only home 'ich faces the Trammell Crow project. If e six story parking structure we e approved he is close enough to c•- nt the bricks. He supported the • oposed request with the ground lev parking structure. o John S. Blomgren, 9960 SW Oak, Tigard, OR 9 23, opposed the proposal. He felt traffic conc= ns should be taken car- of prior to development. REBUTTAL o David Blake stated they reco'nize th- there is substantial traffic in the area and supports urban renew- ; h• ever, improvements will not happen if development is prohibited. o Discussion followed with st• f re•=rding approval of the Comprehensive Plan Amendment requiring a .eed rest 'ction on the residential properties and improvements to SW 93 d Avenue. PUBLIC HEARING CLOSED o Consensus of th- Commission was to support rammell Crow's proposal, especially sin.- they have the support of e neighborhood. The Commission a .o felt a deed restriction shoul• be required for the residential properties limiting development to a ,-rking structure as proposed. hey recognize that traffic problems need to •e addressed. o Commi. .ioner Fyre moved and Commissioner Barber secondee to forward a rec• endation for approval to City Council; further reco,•. ending that C y Council impose a deed restriction limiting the develo. -nt on the esidential property to a two single story parking structure (to• story at grade level). Motion carried unanimously by Commissioners present. IRECESS 9:15 PM RECONVENE 9:25 PM 5.3 COMPREHENSIVE PLAN AMENDMENT CPA 89-04 HUGHES/POSCO LANDS NPO t 2 A / request for a Comprehensive Plan map amendment from Professional Commercial to Medium High Density Residential and a zone change from C-P (Professional Commercial) to R-25 (Residential, 25 units/acre) for 1.75 acres. Also, a Comprehensive Plan map amendment from Medium-Density Residential to Medium-High Density Residential and a zone change from R- 12 (Residential, 12 units/acre) to R-25 for 3.02 acres. The subject parcels abut each other. PLANNING COMMISSION MINUTES - MAY 2, 1989 - PAGE 4 ■ Assistant Planner Jerry Offer reviewed the staff report and made staff's recommendation for approval. APPLICANT'S PRESENTATION o Phil Hedrick, applicant's representative, 111 SW 5th Avenue, Suite 3850, Portland, OR, explained that the lot presently zoned C-P has visibility problems and is not marketable for commercial professional use. They feel that multi-family is a alternative use that is marketable because of the site's location to transportation and shopping. The lot zoned R-12 is currently developed with a nonconforming use and the increase to medium high density would bring it into conformance. PUBLIC TESTIMONY o Dan Gott, NPO it 1 Chairperson stated that they had discussed this request at great lengths and were at a quandary as what to do. They did not have a quorum at their meeting so they did not vote on this request. • o David Hughes, R•c. 3 Box 278E, Sherwood Or, stated he has owned the vacant site for 10 years and has tried to have the site developed. However, because of the visibility problem he is not able to compete with the other areas in town zoned C-P. He has now found a residential developer who is willing to work with him. o Mary Brazil, 11463 SW Hall Blvd., Tigard, OR 97223, was concerned about traffic congestion. She felt Hall Blvd. needed to be widened before any development takes place. o Richard Murray, 11440 SW Lomita, Tigard, OR 97223, stated that the existing vacant lot is in such a mess that he is tempted to support the request. However, he is concerned with the problems that such a development would create, such as noise, which he wouldn't have at night if the site is developed commercial professional. He was also concerned because existing apartments in the area currently have drug problems and the police are constantly having to respond to calls. APPLICANT'S REBUTTAL o Phil Hedrick, reiterated the Engineer's report which stated that the apartment would create less of a traffic impact. He stated that there would be a 30 foot setback from the residential area with 6 foot cedar fencing and plantings for screening. There will not be any windows constructed on the west side of the development. PUBLIC TESTIMONY o H. M. Brazil, 8834 SW Bohman Parkway, Tigard, OR 97223, asked if he could testify, he had not signed up to speak. Chairman Moen agreed and added his name to the sign up sheet. PLANNING COMMISSION MINUTES - MAY 2, 1989 - PAGE 5 o H. M. Brazil, disagreed with the traffic report. He felt the whole area should be left as one zone and be developed as commercial professional. APPLICANT'S REBUTTAL o Phil Hedrick stated that they had no problems with the rest of the area developing as commercial professional. However, Mr. Hughes would like to develop his property now as multi-family residential. PUBLIC HEARING CLOSED o Consensus of Commission was for denial. They were concerned that this would create a spot zone making it difficult for abutting C-P properties to develop and they did not feel a R-25 zone should abut an R-4.5 zone. * Commissioner Pyre moved and Commissioner Peterson seconded to forward a recommendation of denial to City Council based on the following reasons. 1. This is creating a spot zone. 2. The change would create problems for adjacent property owners. 3. R-25 zoning should not be adjacent to R-4.5 zoning. 4. Lot 3300 is currently developed close to the R-12 designation. Motion carried unanimously by Commissioners present. 5.4 IGN CODE EXCEPTION SCE 89-10 BISSETT NPO #2 A request for a Sig .•e Exception to allow retention of an oversized (148.5 square foot •-r face and an overheight (30.5 foot high) freestanding sign. T - Code stand- .- for freestanding signs in the C-G zone allow 70 s. ft. per sign fac- and a maximum height of 20 feet. ZONE: (General Commercial) 'CATION: 11989 SW Pacific Highway (WCTM 1S 35DD, tax lot 5102) . Assistant Planner tuart reviewed the propo and made staff's recommendation for de 'al of the variance an• approval of a sign code exception for a height of 5 feet and sign s' e of 87.5 sq. ft. per side. APPLICANT'S PRESENTATION o Larry Bissett, 2204 NW Irving, Po 1- d, OR 97209, explained that there is no visibility to their build' • • as th= were required to have a 30 foot setback from Pacific Highw. when the b ' ding was constructed in 1969. Setback requirements were changed to ten fee. and then again to zero feet. Currently the sign i= obscured by the Bank bu ding and the Theater. He felt that staff's commendation would make the s •n unusable. o Mark Cushing Goodyear Representative, 11989 SW Paci Highway, Tigard, OR, 97223 stated that the sign is crucial for the • business and decreas' g the height and size would not be viable. p •' ING COMMISSION MINUTES - MAY 2, 1989 - PAGE 6 PUBLIC TESTIMONY o No one appeared to speak. • PUBLIC cu •G CLOSED o Consensus of the Commission was to support staf s recommendation. Discudsion ; lowed whether additional height o size, above staff's recommendation, - ould be permitted. * Commissioner Saporta •ved and Commission- Rosborough seconded to deny Variance V 89-16 and ap. ove Sign Code xception SCE 89-10 per staff's recommendation and cone tions. otion carried unanimously by Commissioners present. OTHER BUSINESS o Assistant Planner Jer Offer explained that • ere is a Site Development Review proposal that -he applicant feels will be •pealed to the Planning Commission and th- • would like to have the Commissi•• review the proposal instead of the .irector. Mr. Offer explained that th•= can be done per Section 18.3 •90. Discussion followed regarding hearing e item on May 16th or o une 6th. Consensus of the Commission was to hea the item on June 6t. C 7. ADJOURNMENT - 11:00 PM aZ7( 4-1i/ Diane M. Jel ks, Secretary ATTEST: A Donald Moen, President dj/PCM5-2 PLANNING COMMISSION MINUTES - MAY 2, 1989 - PAGE 7 F I HALL STREET APARTMENTS REZONE AND PLAN AMENDMENT APPLICATION Fr F I I I I I t 2 4 'SC'1 c.. Qentrai 15o F €� I Ft- February 16, 1989 Mr. James W. Ekberg Vice President Bowen Development Company 111 S.W. Fifth Avenue Suite 3850 Portland, Oregon 97204 Dear Mr. Ekberg: E We hereby authorize your firm, Bowen Development Company, to proceed with the City of Tigard for the rezoning and plan amendment application for Tax Lot Nos. 1400 and 1800, known as the Hall Street Apartments in Tigard, Oregon. Sincerely, II , William Blue IC 4111441 David W. Hughes i (-63C/reco(-3 A \LiA&_ Woodrow W. Hughes I I r 1 Pb1 r I ii 11 1 HALL STREET APARTMENTS REZONE AND PLAN AMENDMENT APPLICATION Applicable Plan Policies 1 5.1.3 THE CITY SHALL IMPROVE AND ENHANCE THE PORTIONS OF THE CENTRAL BUSINESS DISTRICT AS THE FOCAL POINT FOR COMMERCIAL, HIGH DENSITY RESIDENTIAL, BUSINESS, CIVIC, AND PROFESSIONAL ACTIVITY CREATING A DIVERSIFIED AND ECONOMICALLY VIABLE CORE AREA. r The proposed development is located .35 miles from the ® entrance to the Central Business District ("CBD") located on Main rStreet in Tigard, Oregon. As such, the development serves to enrich the diversity of the CBD while providing an opportunity for its residents to take advantage of available services. Residents of the development will look toward the CBD to satisfy their consumer wants and needs, thereby strengthening the O ( economic viability of the area. Correspondingly, it follows that the CBD should strengthen itself for increased demand by consumers for goods and services. In sum, the proposed development should assist the CBD by providing additional consumers for the area. I Aor I I 2 { 6.1. 1 THE CITY SHALL PROVIDE AN OPPORTUNITY FOR A DIVERSITY OF HOUSING DENSITIES AND RESIDENTIAL TYPES AT VARIOUS PRICE AND RENT LEVELS. 0 The City currently has allowed R-25 development on 3 parcels of land with the latest completion of 224 multi-family units on Durham Road. The project has been designated as low income housing and thus provides housing for individual families at a lower economic scale. The other recent development, Gatehouse Apartments, located on Pfaffle Road, was completed in 1987. This project most closely approximates the proposed development in location and in projected rent levels. It is interesting to note the project is fully occupied with a waiting list. A survey of rental housing in the area suggests that a disproportionate number of low-to-moderate multi-family housing is available when compared to the availability of moderate to higher rental income housing for the area. The proposed development will meet this latter need. Additionally, and of equal importance, the proposed development seeks to attract small families as residents. As such, the development will include a designated play area for children. The survey referred to above found that few, if any, existing developments had special play areas for children. Recent Apartment Data Center Rent Surveys indicate that the proposed project will be competitive in the market; in a March, 1988 survey 2 bedroom/2 bath units rented for an average of $562 1 with a 2.3% vacancy in the Tigard/Lake Oswego area with total average vacancy for all areas at 4.1%. The September, 1988 3 I C survey shows the average rent at $602, with vacancy at 1.6% and over-all vacancy at 3.1% for the same areas. fi 1 m E_ r _ c • I. f i r i I I .. I ( 4 I ( 6.3 .3 IN ALL PHASES OF THE DEVELOPMENT APPROVAL PROCESS IN A RESIDENTIAL "ESTABLISHED AREA," A PRIMARY CONSIDERATION OF THE CITY SHALL BE TO PRESERVE AND ENHANCE THE CHARACTER OF THE ADJACENT ESTABLISHED AREAS. The proposed development addresses an established area that is currently under-utilized and has been of concern to adjacent neighbors. The development will, therefore, address itself to the enhancement of the area and perhaps could increase the land values of adjacent owners. Therefore, while the area will be preserved in its current mixed use between single-family, multi- - family, and commercial-professional use, the proposed development will upgrade the area with new construction that will serve to enhance the surrounding neighborhood. The Regional Director for Kindercare has been contacted as well as adjacent property owners concerning the proposed development. They have taken a neutral position regarding the issue, but do not appear to be opposed to the development. 6 ( 'ry A6.3.2 WHERE THE PROPOSED DEVELOPMENT ABUTS AN EXISTING HOUSING DEVELOPMENT, THE HOUSING TYPES SHALL BE COMPATIBLE. The proposed development adheres to the density transition . as established by the Tigard Community Development Code. To the south of the property there is an existing apartment property known as Park Place. This property is located in an R- 12 zone. The proposed development is fully compatible with this property. The property to the west is zoned R-4.5 and four single family houses abut the property line of the proposed development. This area can be considered compatible as the use is designated for housing purposes. While there is a density differential, the occupants of both properties are family units. The property to the east across Hall Boulevard is zoned R-4.5. There is an apartment community known as Silver Creek West on L this parcel. The proposed development is fully compatible with R this multi-family property though it is separated by a main L . _. arterial (Hall Boulevard) . The property north is currently zoned C-P as is the proposed development. The required buffering of the proposed development between R-25 and C-P assures a distinct separation of parcel use. (. [ ff� I_ t f 5 ifF. ". (- 6.6.1 6.6.1 THE CITY SHALL REQUIRE: a. BUFFERING BETWEEN DIFFERENT TYPES OF LAND USES (FOR EXAMPLE BETWEEN SINGLE FAMILY RESIDENTIAL AND MULTIPLE FAMILY RESIDENTIAL AND RESIDENTIAL AND COMMERCIAL USES AND RESIDENTIAL AND INDUSTRIAL USES) AND THE FOLLOWING FACTORS SHALL BE CONSIDERED IN DETERMINING THE TYPE AND EXTENT OF THE REQUIRED BUFFER: 1. THE PURPOSE OF THE BUFFER, FOR EXAMPLE TO DECREASE NOISE LEVELS, ABSORB AIR POLLUTION, FILTER DUST OR TO PROVIDE A VISUAL BARRIER. 2. THE SIZE OF THE BUFFER NEEDED IN TERMS OF WIDTH AND HEIGHT TO ACHIEVE THE PURPOSE. 3. THE DIRECTION(S) FROM WHICH THE BUFFER IS NEEDED. 4. THE REQUIRED DENSITY OF THE BUFFERING. 5. WHETHER THE VIEWER IS STATIONARY OR MOBILE. b. ON SITE SCREENING OF SUCH TZINGS AS SERVICE AREAS AND FACILITIES, STORAGE AREAS AND PARKING LOTS, AND THE FOLLOWING FACTORS SHALL BE CONSIDERED IN DETERMINING THE TYPE AND EXTENT OF THE SCREENING: 1. WHAT NEEDS TO BE SCREENED. 2. THE DIRECTION FROM WHICH IT IS NEEDED. 3. HOW DENSE THE SCREEN NEEDS TO BE. 4. WHETHER THE VIEWER IS STATIONARY OR MOBILE. 5. WHETHER THE SCREENING NEEDS TO BE YEAR ROUND. A privacy fence will separate the proposed development from the north, west, and south adjacent land owners. Additionally, the required buffer zones to the north and south will be planted with grass with a variety of shrubs interspread. The west boundary of the property, abutting the single family R-4.5 zone, will be privacy fenced by a green belt with shrubs. Additionally, a row of garages will be developed on the west boundary for noise abatement purposes. The refuse sites within the development will be enclosed to provide for a visual barrier. Finally, the childrens' play area will be fenced to promote safety. A green belt around the play 7 �T l area will further serve as a buffer within the development between the common areas and parking areas. 1 lr . :-.i .,9 1 , ,, 41118 } ty 7. 1.2 THE CITY SHALL REQUIRE AS A PRE-CONDITION TO DEVELOPMENT APPROVAL THAT: a. DEVELOPMENT COINCIDE WITH THE AVAILABILITY OF ADEQUATE SERVICE CAPACITY INCLUDING: 1. PUBLIC WATER; 2. PUBLIC SEWER (NEW DEVELOPMENT ON SEPTIC TANKS SHALL NOT BE ALLOWED WITHIN THE CITY) ; AND 3. STORM DRAINAGE. b. THE FACILITIES ARE: i1. CAPABLE OF ADEQUATELY SERVING ALL INTERVENING PROPERTIES AND THE PROPOSED DEVELOPMENT; AND 2. DESIGNED TO CITY STANDARDS c. ALL NEW DEVELOPMENT UTILITIES TO BE PLACED UNDERGROUND. The development will be designed to conform with the availability of adequate service capacity. The Metzger Water District has confirmed that water availability is adequate for the proposed project; the water district has a 12" waterline that I' passes in front of this property. 11 The public sewer system should be adequate for a multi- family complex with 40 units projected and the target market I1 being small families. The storm drainage system will have the same lot coverage, so there should be no substantial changes necessary. A reliable and adequate water supply, storage, and delivery systems are presently available or planned by the city to provide sufficient quantities of high quality water to meet existing and future needs of the community. Therefore, the addition of a 11 multi-family apartment building should not adversely effect the capabilities of facilities in place serving intervening properties and the proposed project. To our knowledge, they have 9 II been designed to city standards. I 1 II. I 1 ' • 10 1 7.6.1 THE CITY SHALL REQUIRE AS A PRE-CONDITION TO DEVELOPMENT THAT: a. THE DEVELOPMENT BE SERVED BY A WATER SYSTEM HAVING ADEQUATE WATER PRESSURE FOR FIRE PROTECTION PURPOSES: b. THE DEVELOPMENT SHALL NOT REDUCE THE WATER PRESSURE IN THE AREA BELOW A LEVEL ADEQUATE FOR FIRE PROTECTION PURPOSES; AND c. THE APPLICABLE FIRE DISTRICT REVIEW ALL APPLICATIONS. { Currently, the City of Tigard is serviced by the Tualatin Rural Fire District and Washington County Fire District #1. The proposed development does not appear to be in a congested area that would slow the response time to fires. The development will conform to the requirement that the water system serving it will have adequate water pressure for fire protection purposes, and will not adversely effect the water pressure level for the area. [1 l 11 11 11 1 si 4E' 11 1 8.1.1 THE CITY SHALL PLAN FOR A SAFE AND EFFICIENT STREET AND ROADWAY SYSTEM THAT MEETS CURRENT NEEDS AND ANTICIPATED FUTURE GROWTH AND DEVELOPMENT. The property is accessible oaf of Hall Boulevard which 11 services areas to the north and south to Highway 217 and south to Pacific Highway. Highway 217 connects to I-5, the main freeway running vertically the length of the state. I.L., The property is 1.9 miles from Washington Square, one of the largest shopping malls in the area with such anchors as Sears, Nordstrom and Meier and Frank. A private roadway leads to the property off of Hall Boulevard, and the property is .2 miles from I-1 the property to Pacific Highway. The present roadway system ffA� appears adequate to service the size of facility that we are projecting. 1 r 4.1 KyF l 12 8.1.3 THE CITY SHALL REQUIRE AS PRECONDITION TO DEVELOPMENT APPROVAL THAT: a. DEVELOPMENT ABUT A PUBLICLY DEDICATED STREET OR HAVE ADEQUATE ACCESS APPROVED BY THE APPROPRIATE APPROVAL AUTHORITY; b. STREET RIGHT-OF-WAY BE DEDICATED WHERE THE STREET IS SUBSTANDARD IN WIDTH: c. THE DEVELOPER COMMIT TO THE CONSTRUCTION OF THE STREETS, CURBS AND SIDEWALKS TO CITY STANDARDS WITHIN THE DEVELOPMENT; d. INDIVIDUAL DEVELOPERS PARTICIPATE IN THE IMPROVEMENT OF ,... EXISTING STREETS, CURBS AND SIDEWALKS TO THE EXTENT OF THE DEVELOPMENT'S IMPACTS; e. STREET IMPROVEMENTS BE MADE AND STREET SIGNS OR SIGNALS BE PROVIDED WHEN THE DEVELOPMENT IS FOUND TO CREATE OR INTENSIFY A TRAFFIC HAZARD; The owners will request use of Easement #88-9619, a 32 foot private roadway leading off of Hall Boulevard to the property. The developer will conform to city standards regarding streets, curbs, and sidewalks to the extent of the development's impact and if the development should create a traffic hazard. I ,' 13 l: (- I Iiit 8.2.2 THE CITY SHALL ENCOURAGE THE EXPANSION AND USE OF PUBLIC TRANSIT BY: a. LOCATING LAND INTENSIVE USES IN CLOSE PROXIMITY TO TRANSITWAYS; I.1 As nr.ted, public transportation, Tri-Met Bus, is available on Hall Boulevard directly to the east of the project, as well as �} on State Highway 99, 1.5 blocks to the south. The bus lines running from Barbur Blvd. as well as Beaverton and Lake Oswego appear to provide the most services. This enables easy access to ;a the downtown Portland core area as well as outlying suburban ;1 areas for employment, shopping and other services. The proposed project would improve the livability of the surrounding area in light of increasing population and transportation requirements. t`7 il 14 4 Direct access is available from Hall Boulevard which is a major collector street. The site is not on a flood plane and is relatively flat with a gentle slope north to south. There are no developmental problems associated with the property. Based on a rental survey in the area, there is a demand for this type of housing proposed and a demand for this type of housing in the immediate location of the site. Public transportation, Tri-Met Bus, is available on Hall Boulevard directly to the east of the ??� project, as well as on State Highway 99, 1.5 blocks to the south. The Tigard Plaza shopping center is located less than one- quarter mile from the site and, therefore, within walking distance. The shopping center is anchored by a Safeway grocery store while other retail shops provide additional specialty it services. There are no areas adjacent to the site designated as • permanent open space. i,. Ii E El II t 16 II I I Ii j 12. 1.1 THE CITY SHALL PROVIDE FOR HOUSING DENSITIES IN ACCORDANCE WITH: a. THE APPLICABLE PLAN POLICIES. Ib. THE APPLICABLE LOCATIONAL CRITERIA. c. THE APPLICABLE COMMUNITY DEVELOPMENT CODE PROVISIONS. [I The city has provided for a variety of housing densities throughout the Tigard city limits. The proposed development Iwould help to balance the multi-family density with single family Iiresidences by adding a high density designation. The following factors will be the determinants of the areas edesignated for high density on the plan map: (1) Areas which are not committed to low density development. (2) Areas which can be buffered from low density residential areas in order to maximize the privacy of established low density residential areas. (3) Areas which have direct access from a major collector or arterial street. :� (4) Areas which ere not subject to development limitations. (5) Areas where the existing facilities have the capacity for additional development. (6) Areas within one quarter mile of public transit. l ; (7) Areas within one quarter mile from neighborhood and general commercial shopping centers or business and office centers. (8) Areas adjacent to either private or public permanent open space. The subject area for the proposed development has not been committed to low density development. In order to maximize the buffer between the low density zone to the west of the rdevelopment, a series of barriers will be used. A privacy fence followed by a green belt planted with shrubs and a row of garages are planned. This sequential plan provides for a visual barrier buffer first followed by a sound barrier. 15 f SUMMARY r ( Rezoning of the proposed site to R-25 would enable the developer to build a complex that would benefit the Central Business District by increasing the number of consumers to the area, and would add to the socio-economic scale of the City of Tigard by providing a higher quality of multi-family living at moderate to higher rental levels. Rezoning of the site would be significant due to the direct access to transportation, employment, shopping, and other services offered. In addition, the desirability and livability 11 of the specific neighborhood would be greatly enhanced by the quality of construction and landscaping planned. I I I I I I r ( 17 IT e r - r r E 6 6 Miscellaneous s t t 0 NAMES AND ADDRESSES OF ADJACENT PROPERTY OWNERS 11365 S.W. Hall Blvd. - Orren Peterson, et al c/o Milton O. Brown and Raymond J. Kiddleson Route 2 , Box 474K LaCenter, Washington 98629 11533 S.W. Hall Blvd. - Kindercare c/o Mr. Dave Davenport 7114 N.E. Hazel Dell Avenue Vancouver, Washington 98665 11540 S.W. Hall Blvd. - Mr. Stan Holmes 1410 S.W. Morrison Street Portland, Oregon 97205 11555 S.W. 80th Ave. - Park Place Garden Court Portland Oil Service Company 610 S .W. Broadway Suite 401 Portland, Oregon 97205 II F I I I I I I a of ' • OU4IaStevatt staa 9 • (17 • ) ) ; c,• „ca.' --I') ; La/ — — .1.-2 7.,...J.-7 7.)/ 5.Sa / 1>53 ,'a . ). . -C.' _ -'--C. 2. • .6 . r . !, ;', L- 11/L . .; Z.. __(.2; at, QJ? ( LJVC cJ - -a :La -1_. i 11.2. • r ,011.2. .•fl7JJV .012. t. - _33LJJ,ji,,a ty- .L.c _ /iqIq • • CITY OF TIGARD OREGON NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT ITS MEETING ON MONDAY, May 22, 1989 , AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BLVD., TIGARD, OREGON, WILL CONSIDER THE FOLLOWING APPLICATION: FILE NO: CPA 89-04 NPO # 2 FILE TITLE: Hughes/Posco Lands APPLICANT: Bowen Development Co. OWNER: Dr. David & Woodrow Hughes 111 SW 5th Ave., S-3850 William Blue Portland, OR 97204 • 11565 SW Hall Blvd. Tigard, OR 97223 Posco Lands, Inc. 610 SW Broadway S-401 Portland, OR 97205 REQUEST: COMPREHENSIVE PLAN AMENDMENT CPA 89-04 HUGHES NPO # 2 A request for a Comprehensive Plan map amendment from Professional Commercial to Medium High Density Residential and a zone change from C-P (Professional Commercial) • • to R-25 (Residential, 25 units/acre) for 1.75 acres. Also, a Comprehensive Plan map amendment from Medium-Density Residential to Medium-High Density Residential and a zone change from R-12 (Residential, 12 units/acre) to R-25 for 3.02 acres. The subject parcels abut each other. LOCATION: 11505-11515 SW Hall Blvd. (WCTM 1S1 35DD, tax lot 1400) 11555 SW 88th Avenue (WCTM 1S1 3500, tax lot 3300) (See Map On Reverse Side) THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER 18.30. ANY PERSONS HAVING INTEREST IN THIS MATTER MAY ATTEND AND BE HEARD, OR TESTIMONY MAY BE SUBMITTED IN WRITING TO BE ENTERED INTO THE RECORD. FOR FURTHER INFORMATION PLEASE CONTACT THE CITY RECORDER OR PLANNING DEPARTMENT. AT 639-4171, TIGARD CITY HALL, 13125 SW HALL BLVD., TIGARD, OREGON 97223. bkm/CPA89-04.BKM 13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 , c__________-\\ ,-,,,_, /I 1 , --y;- --r— -- �L 1-1 = �J11 1111 1 l 11111 IO.S a N :� �• \ Iv— 4. s. RE I I \, ,, , p‘,\N _o�� 1 [ i NUM- 1 1 --, iiia- hWii_t_!! ! .is NIIMPS Min in U-ill ��l►/� emit Al -. �YD. Alli �./% ,`'' Nr 11111, 1111, / � Tg i•-• �4r ` i !k..,,,,:i emu w '■ STREET Ns =EN NM Ma MEN Mai _ IN ME in wig amil Mom iNil Min NNW INImmi ,1 _.D. ,....; - NII nu E lir IIIE IlAki 11111 ) 7110 1 MP glimi NE EC .. 741q1 -7 1. 'A ir" all " 1 r-A ...., ..k.-- r ./ .':.-, 404,161..• Ali - _.t.,i,___ _,_, ..it _ op ,..... ...i. ... ix - E Mb.. ..... .,, . a :MIN 1 ie°'.c.ril.)f;j ------/--'' —t--1 E F '71k 1 .174" *1 : Ilk% .c.r 1111(641C MEM 1. • 7,17 ji 0 Oy„ ‘\,,--;" „ . 41.iy; I .. L._ 11i...... i AI CN4 ' . . N. III OP • ` �� \ice r mum x:.; 111111billi. .: 1 -. 64411k 44 1 1 _ *♦ ,• �/■marc n - ' �j 36\Its• \ f�. Fri =',. `,�44rr�.�,�� ,..... .-3 *--r. ••moi _ 8.. ::,.tw.i , .., ,,,,, . • .,, . .0, ..,-i./..-...-.. .:300ARDftrift‘. •4P4 -- 4,4* -,,, a .. ••-(. . .: - - , # .4,1111 2,1111 Ali ,..,„,,:.-..:... - 4 Z?,.._444,**/* 4. ..--• ••.,4% 4 ‘,..i. , - - 47 -;.At-•::--.;, .-•:=-:,-. , ..,,,,,,,-----„ ., / .0- • . 1p . .:,....:,.., ,;;;-,,,,,-_,._: ' 4. ,3+: . •• ---ee ., ., .. ,:t./...,:: :,,.„: .,,..:i..,. - --,A-1 , . .J '.. ....,..:„ . .de,,,,, . . ,,... 4 *,4, e "* ill ;•4 0 1 i t**44, \ 4 .. f AN' �1<y� ,r�` '.. &W# *001,,- 4 sr. \ \ I i r ty -4:- • -A... r :1",•7‘.1/• . % ee Nt ' 41* � 7** TIGARD T • • �s r _ r^"r� ..e;." 4 "t , ,,.. Aka r ."-• • CIVIC ' ''''':!.-i'.•.- ,1 •;... ''• • '''''' ''''' : 'n -.;>>. .1.44. .,,,,v_11 ,.., . -- "......> ..''''t . ... ...:::. :':?:c. '7,.V.-0....„LOAt .1, -.. ' ..V.,-•' :-,.-5. :„: . : .-_'..,, ,.i--: SI&Ailf;#.''4'1.;• - tI50 7,4", 4 04, ...•' T,. 4 1�. v_.„. � . **41* `tom al , . .�:-... r+",c"f'0,•%-t . •.-7 i•'�_ ® � wan=zir 4� '- !wlr4�•..y�'fA,tiv-P'::.. �3t�i �- 'L �_*,,, �\/yi\A\ j, //�\•.2 , AL.0 11111t041 ,- =� C •a.%f•.1'S'.. fS.y.ii.W..•......'�.t4:,:,:.. ..1:- .,::.\\ f HALL BOULEVARD PROFESSIONAL VILLAGE 5 kS' 11565 S.W. Hall Boulevard Tigard, Oregon 97223Cju nA l ir- cr 10 May 16, 1989 ' City of Tigard Recorder/ Planning Dept. 13125 S.W. Hall Blvd. 'Y Tigard, Oregon 97223 RE: Public Hearing 5/22/89 u . File # CPA 89-04 NPO #2itr:, , Please consider this statement and enter into the record: ``.,' Our property, tax lot 1800, is 1.19 acres. We join the parcel tax lot 1400 at the N.W. corner of our property (see attached). Our building -: houses five separate dental offices and a dental laboratory. Each ,,.- of ;of these six businesses generates traffic along Hall Boulevard. . . entering our property along the driveway on the South. With the opening of "Kinder Care" on the North and approval of a "left turn lane" for ', them, the increase we have in congensticn and traffic, blocking our driveway certain times of the day. . .h...s been considerable. Our concern regarding this proposed zone chane, therefore, is the limited access to these parcels from Mall Boulevard. . .for such zj. high density. Will there be a stop light provided? (Not an ideal place for that with Highway 217 overpass so close.) We do understand Hall 411, is to be eventually widened. Until then, and even with a wider street, our many patients. . .many of them elderly. . .must enter and exit our driveway daily, as well as the traffic and safety of the day care center :..all must be considered. i` Our dental offices depend on accessibility to our patients. One `. major consideration in the decision to locate this building in the Tigard area was the Professional-Commercial zoning of the area surrounding this property. The existant multi-dwellings are not of .' high density to create a problem. . .but possibly adding 125 units to 11:,; this immediate area is a much different matter! P. F'" Thank you for consideration of my concerns. We all want Tigard to prosper and grow. However, simply changing zoning for developement when there is no provision for increased traffic congestion or secondary access to subject property. . .other than Hall Boulevard. . . can only create enormous problems for surrounding properties. Ix Sincerely, `, (Z--)4WA'zie ..1›- Dennis P. Thomas, D.M.D. Owner .711-1--. I '_-�,�] Ji�- Ii�I I -1 ,-1 i 1 ti 1 lo.. I H ` NM ;',i -\\‘ :::.:1,4,.:\ At. 1 1 H ainsp41., 1 mulls a■. 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' A' :.--. vk-w+ WI. ii4 ---,:.:::: ?iefe,, ** * •,. v.,„ „e) • T.,/i p S le v% ot * / ._, 1-9161 � *VV.' � .14 ra LTi ♦ ,��+ � X04 •♦••4r .,� ,Ae0 % *4 7 *t• .. ..,.:..„..::4"..:-. ,;:::'!,-.'",!!.._:_----.-,.i: , __ ,,41* ',*, ` , •+a b>1s r .7 So, . . .0.611., I Ank • •\ .11111°.\> ierto.% ( •• MI -,.....-i;:'77... : '� ;;►r ���� '4, ,4 �,� ♦ ,.PP 4v. - ♦ # ! ! •. . . /� ••�• '�Y_y��` ss .t& ® rSC7a• 444t4' * 4P)b is,1 as•11 . L'•' . 1/\7 A1�-t •• - •:: <?..•4;i..'/0..\' : t:•:'..'�.'_.r'1••r-..\\• • •-': is CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: Mav 22, 1989 DATE SUBMITTED: ISSUE/AGENDA TITLE: Pacific PREVIOUS ACTION: Corporate Center LID public hearing PREPARED BY: Randall R. Woolen/ DEPT HEAD 04111, CITY ADMIN OK " 4( REQUESTED BY: POLICY ISSUE Shall a Local Improvement District be formed for the construction of street and utility improvements to serve the Pacific Corporate Center property? INFORMATION SUMMARY May 22nd is the date set for a public hearing on formation of the proposed LID. Notices were sent to property owners on May 10, 1989. Although not required by ordinance, notices of the public hearing were also sent to the owners of properties adjoining the proposed LID. At the May 22nd meeting, Council will receive any written or oral remonstrances. ALTERNATIVES CONSIDERED 1. Adopt the attached ordinance forming the Local Improvement District. 2. Direct that the LID proposal be modified. 3. Direct that the LID proposal be abandoned. FISCAL IMPACT All costs will be paid by the LID. ==== SUGGESTED ACTION Staff recommendation will follow the closure of the public hearing, after any remonstrances have been heard. dj/SSPCCLID.RW S1ET(O �� � . May 16, 1989 SMETCO,Inc. - 6830 S.W. BONITA RD. — PORTLAND, OR 97224 TEL.503-620-1604 FAX: 503-620-0607 Mayor Jerry Edwards Tigard City Council City of Tigard 13125 S.W. Hall Blvd Tigard OR 97223 Dear Mayor Edwards and Council Members : I am concerned and alarmed by the tone and substance of the letter directed to you and dated April 20, 1989 from PacTrust. We have tried to accommodate the needs of PacTrust, while still surviving as a viable business in Tigard, but will have great difficulty If the City allows itself to be used as a middleman to acquire lard +:or PacTrust at the expense of our business. The very existence of the engineers report and the proposal for a Local Improvement District has been used by PacTrust to lower our property values and as a method of bargaining with us to sell them our property at a lower value. We understand that PacTrust has told others that they gr have our property "tied up" and that the City was about to condemn our land. Does the Council have any idea what effect those statements have on our business, as we try to borrow or expand? Further, we were surprised to find that, from the beginning of this project, PacTrust represented that the street through our property was to be constructed, without our having been consulted. Finally, we have been given the Hobson's choice of having our business withering on our present property or accepting a low value (in land or money) for that property as the only alternative to having PacTrust ram this project through Council . We attach great importance to Council proceedings on this LID. I personally cut short a business trip to Australia (not a vacation, as suggested by PacTrust) to return to the City to negotiate a settlement. The proposal was completely inadequate and appears to evince a confidence by PacTrust that Council will do its bidding. When this matter comes before council on May 22nd, I hope that Council will not sound the death knell of Smetco as a viable part of the Tigard business community. Our business can certainly locate elsewhere; however, the signal sent to the Tigard business community is not one which this city has cared to send before. We hope the Council will see fit not to allow our property to be condemned and our business killed. Thank you for your consideration. Sincerely j o?J 3/Ji14) �ohn Smets .stA ,rv, ttrd f2�a -7'rt REMARKS OF JOHN SMETS TO TIGARD CITY COUNCIL MAY 22, 1989 Good evening, Mayor Edwards and Council members. As you know, I am John Smets and I am President of Smetco, Inc, a Tigard firm in which I have spent my life's resources and energy. Smetco has grown from a locally oriented producer to one which does business world wide. I speak to you tonight as one who is concerned over the future of my company in Tigard, in the face of a strong, well-financed effort by a big company to use the City to take my property so that company can benefit. The result will probably be that our business will be required to end our association with this city and find a more hospitable place to relocate itself. The Council has before it tonight the Pacific Corporate Center Local Improvement District engineering report. That report, as supplemented, suggests that Pactrust's development would be more efficient if it were able to condemn our property for a connecting road. Whether that is true is beside the point. The question Council must ask itself is whether it is fair to the existing business community, which has relied on the City's plan and regulations, for one business to use the City to transfer one person's property to another. That report also states that it might cost up to $365,000 to provide alternative access to the Pactrust property. However, this is an unusual one-owner Local Improvement District and the preservation of Tigard's business community should be seen as a Page 1 -- John Smets Remarks. RE: PACTRUST L.I.D. cost of this development. Smetco has tried mightily to accommodate Pactrust (and Noll before them) so that all businesses could coexist as good neighbors. Pactrust's view is that they have this Local Improvement District "in the bag" before Council and that they need not get serious about property purchase or land exchange because the City will acquire the land for them anyway, give them financing through the L.I.D. which is better than going to a bank, and leave the rest of our property useless so that it could acquire that remnant at bargain basement rates later. Smetco has secured NPO 5 approval of its expansion plans and has building permits from the City to construct an addition to our existing plant. We wish to expand further, but feel we must (^ put our plans on hold because of this cloud of condemnation which hangs over us now. Council may be aware that, after seven months of negotiations, we gave Noll an option to buy our property at a fair price which would allow us to expand in Tigard and compensate us for our losses. Pactrust is not willing to enter into any comparable arrangement, because they hope to get you to do their work for them in acquiring our valuable industrial property located close to the 1-5 corridor, for next to nothing. Pactrust does not need our land for access -- they have three existing access points to use. What it appears they really want to do is prevent our expansion and grab our land. In short, we ask Council to delete that portion of the Local Page 2 -- John Smets Remarks. RE: PACTRUST L.I.D. r ' • Improvement District which relates to the use of the Smets property for public or private access to the Pactrust property. We object and remonstrate against this Local Improvement District in the strongest possible terms and will use every means at our disposal to assure our security. We are fighting for our very survival in this community as a business. We ask you to assist us in this endeavor. C Page 3 -- John Smets Remarks. RE: PACTRUST L.I.D. r-7 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: May 22, 1989 DATE SUBMITTED: May 11, 1989 ISSUE/AGENDA TITLE: CPA 89-03 & PREVIOUS ACTION: Council approval ZC 89-03 (Duvall Street) / subject to conditions o April 24, 1989. � PREPARED BY: Jerry Offe4°Asst. Planner DEPT HEAD O.4 Am 'ITY ADMIN 0, LII REQUESTED BY: ILII /Mr P ICY ISSUE INFORMATION SUMMARY On April 24, 1989, the Council approved the above application subject to conditions and directed staff to prepare a final order. The attached ordinance has been prepared to reflect the Council's motion on this matter. 411 ALTERNATIVES CONSIDERED 1. Approve the attached ordinance. 2. Modify and approve the attached ordinance. FISCAL IMPACT SUGGESTED ACTION Approve the ordinance. dj/CCS-CPA.JO ,. F CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: May 22, 1989 DATE SUBMITTED: May 22, 1989 ISSUE/AGENDA TITLE: Resolution of REVIOUS ACTION: Formation of the Public neces: tv - Pacific Pacific Corporate Center LID Corporate C= !p, LID. PREPARED BY: DEPT HEAD • �1'I11 ITY ADMIN O REQUESTED BY: Community Development _= ' F- POLICY ISSUE Should the Council authorize the City Attorney and staff to acquire the necessary additional right-of-way and easements for the Pacific Corporate Center LID? INFORMATION SUMMARY Council has now formed the Pacific Corporate Center LID. The LID calls for a street connection between Upper Boone Ferry Road and Bonita Road. Certain real property outside of the Pacific Corporate Center development must be acquired to accomplish this street connection. Adoption of the attached resolution would authorize staff and the City Attorney to acquire the necessary property. ALTERNATIVES CONSIDERED 1. Adopt the attached resolution declaring a public necessity to acquire certain real property for right-of-way purposes. 2. Delay adoption of the resolution. 3. Do not adopt the resolution. FISCAL IMPACT Acquisition cost which will be charged to the LID. SUGGESTED ACTION Staff recommends that council pass the attached resolution authorizing staff and the City Attorney to acquire necessary additional right-of-way and easements for the Pacific corporate Center LID. br/Pac.rsc br/SumSht.mst C flpui,131.-1- - - 9 5-22-89 D.W.B. LEGAL DESCRIPTION RIGHT-OF-WAY OVER SMETS PARCEL A tract of -nd in the northeast one-quarter of Section 12, Township 2 Sou , Range 1 West of the Willamette Meridian in the City of Tigard, Washington County, Oregon; said tract being a portion of that p- cel of land described in a conveyance to John E. Smets and Marie a D. Smets, recorded March 31, 1975 in Book 1016, page 416, Was 'ington County Book of Records; said tract being more particular, described as§D(§650 Beginning at the southw- t corner of Lot 4, of BONITA GARDENS, according to the map they=of recorded November 11, 1911, in Plat Book 5, at page 11, plat ecords of Washington County; thence North 0°21'44" West, alon- the west line of said Lot 4, a distance of 416.00 feet to a northwest corner of said Smets parcel; thence North 88°35'31" ast, along the north line of said Smets parcel,14.60 feet to an a gle point thereof; thence along the northeasterly boundary of s- 'd Smets parcel, along the arc of a non-tangent 100.00 foot radi curve to the left, through a central angle of 64°.04 '07" an arc distance of 111.82 feet (the chord of which bears South 33°26' " East, 106.09 feet) to a point which lies 72.50 feet easterly of, when measured at right angles to, the west line of said Lo 4; thence South 0°21'44" East, parallel with the west line of -aid Lot 4, a distance of 32.7.12 feet to the south line of sa'd Lot 4; thence South 89°26'10" West, along the south line of said Lot 4, a distance of 72.50 feet to the point of beginning. Containing 26,500 square feet or 0.608 acre: , more or less. • Bearings of this description are based on Co . ty Survey #22,790 filed in the office of the Washington County - eyor. ,8� 5-z2-�9 Deane W. Blair, P.L.S. 1981 1 -SL 6/aa Ig DAVID VANS AND ASSOCIATES,INC ENGINEERS,SURVEYORS,PLANNERS,LANDSCAPE ARCIITTECTh OFFICES IN OREGON,WASHINGTON AND CALIFORNIA 2828 S.W.CORBETTAVENUE PORTLAND,OREGON 97201.4830 MOM 22..6663 SAY Mal»2.17m __. — - -„ BON!TA . . 0 ,.., (cR.656-4d WIDE1 --. 'in 1 T 396 r -fr 32 ROOS, . au b -2 .. b ..: C 184.20 EAST 4, I TO PUBLIC 1013/923 100 I I , .,•.",,,,.44 0 se te 20°E 20 3.79 AC. I 150. 100-M11 . 200 I .,,,-,.'•-•,),,!, /38 AC. 200-MII K , 52e _ k. ,_, 4 I t_ ion a a, c ,,,• ' ' -'. a I It'. * I E ,-.',',- , , - I 1 I r.:"": ''."-'''', I -,,,1•• ,, - -, •`. -, i I I •`',,,-,,, ,,,- .,1 96 528 3 ' ,,, ,,J 184 2d iod i 184.20 , 89°57 E 41-7 2.5' I I 5/1' cn E 800 ' ^ 22.79 AC. N.. 1 1 b , 4q3 N 800-M 1 t. 0 1 I .... E 1 0 * i 144' I -01 9 1 on u-, Vil 5 -. v el-- - ;8' 264' I 1 -Si. I 23- 81 1 , _. . (C.S. 11277) ,0 _ 396' - ----1 I c' . . ts) e ve'll 264' I I 396' { ____ _____ 1 i r -N- i. ...-1 MAP TO ACCOMPANY DESCRIPTION ii WITHIN THE SE 1/4 NE 1/4 SECTION 12 T2 S R1W 1"=100' /4 0 i / -. E- 46Q/P9 TIGARD AREA CHAMBER OF COMMERCE 12420 S.W. MAIN ST.,TIGARD,OR 97223 (503)639-1656 May 17, 1989 Mayor Gerry Edwards and Tigard City Council City of Tigard PO Box 23997 Tigard, OR 97223 Dear Mayor Edwards: On Tuesday, June 20, 1989 the Tigard Chamber has scheduled a Winetasting at Director' s Furniture. This is a repeat of a highly successful networking event held by the Chamber at that location about three years ago. The event is a fundraiser for the Chamber. Invitations will be sent to the business community. Access to the event will be limited to pre-paid reservations. Consumption of alcohol will be limited to a selection of wines from Ponzi Vineyards and Oak Knoll Wineries. The purpose of this letter is to request a waiver of the $25.00 City of Tigard fee for processing a liquor license. Thank you for your consideration for this request. r-Slincer ly, • -ton Byrd / Execut e Director 8115256 • - OREGON LIQUOR CONTROL COMMISSION APPLICATION AND AUTHORITY TO OPERATE APPLICATION IS MADE FOR: Special Retail Beer $10.00 per day Special Dispenser $25.00 per day X-Special Retail Wine $10.00 per day Special Event Winery $10.00 per day Special Wine Auction $10.00 per day MAKE PAYMENT BY CHECK OR MONEY ORDER - ONLY PLEASE TYPE OR PRINT FIRMLY USING BALL POINT PEN 0 5 1. Applicant IGA LAP '' � V _0-11tre.°- • _ l _• one (d3cl- IbS�o o 2. (For licensees only)Trade Name j��- , ) �o r �/�y� License type K 3. Person responsible at the event 1 l%� VV i LJ Ni a-54)2 > /PPhho(nee �G — /C7-�v ' (n 4. Mailing address I '1O 5vJ 64 Al v ' ' City ��i ` "-11D-Zip 91 2, B[ )Si N es_S Ne7-wt�P j ►.E��-- 0 5. Type of event m i UL�s;�A- uN0 �a ���� A m 6. Date(s)and hours of event(s) ` Lt ) m 7. Event addressD1Y C'tbrS -1 i n 1 twv . 1' ULI.>-A I°City / I(4A-P-1)� Oe- Zip1. CO 8. Above location is X. within city limits outside city limits y C. r,S `�-0r fi�,th1L S-t 'e. -- -13 9. Boundaries of the area to be licensed -D 11 ci:Ct sd2.s2 7 D 10. Expected attendance..t c=2.00 —0 I 11. Method of supervision rPerieotaP 'C'(2- ` ALJ z 47 U r m 12. Understanding that a false or misleading answer could subject this application to denial,I certify m CD I- all info anon submi ed' omplete and • r be of knowledge. _i / i. ,`..r: .//I�. I •.1 m SIG �‘ -�iLi't/i,t �a�lL / Z �V� a 13. Authorization by property ow •r/operator CD I ow cont •. . property where this event will be held.I approve of the event,including service 33 0 of alcoholic beverages as requested above. XI NAME(Please print) (RAyr7&uA 1411 eAA& .Z- /� ate Phone ‘20 ! '2 0 SIGNATURE 4 r? 4 t 1//�&cZo ),eliiZU/1t�w./M .S-40/"Y C m z 14. Rec mmendation ityPoli�e Departure /County Sheriffs Office Grant Acknowledge Deny(Attach letter indicati • •rounds for denial.) f � -r Law enforcement agency V ) L ' " ' / G AUTHORIZED SIGNATURE •-� �� Date 54/(99. 15. This authority valid when signed by an OLCC representative License is Granted Refused By Title • Restrictions Date Fee paid