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BEAVERTON CITY COUNCIL
REGULAR MEETING MINUTES
FEBRUARY 10, 2003
CALL TO ORDER:
The Regular Meeting of the Beaverton City Council was called to order by Mayor Rob
Drake in the Forrest C. Soth Council Chambers, 4755 SW Griffith Drive, Beaverton,
Oregon, on Monday, February 10, 2003, at 6:35 p.m.
ROLL CALL:
Present were Mayor Drake, Couns. Betty Bode, Dennis Doyle, Fred Ruby and Forrest
Soth. Coun. Cathy Stanton was excused. Also present were City Attorney Mark Pilliod,
Finance Director Patrick O'Claire, Community Development Director Joe Grillo,
Engineering Director Tom Ramisch, Human Resources Director Sandra Miller;
Operations/Maintenance Director Gary Brentano, Library Director Ed House, Development
Services Manager Steve Sparks, Transportation Engineer Randy Wooley, Police Captain
Wes Ervin and City Recorder Sue Nelson.
Mayor Drake welcomed Boy Scout Troop 207 from the Cedar Mill area.
PROCLAMATIONS:
50th Anniversary of the Beaverton Chamber of Commerce
Mayor Drake recognized the 50th Anniversary of the Beaverton Chamber of Commerce.
He welcomed Ham Thorne, Chamber Board Chair, and Lorraine Clarno, Chamber
President. He read the proclamation recognizing the anniversary.
Thorne thanked the Mayor for the recognition and noted the Chamber enjoyed the good
working relationship it had with the City. He noted they all worked toward the betterment
of the community.
Clarno said she appreciated working with the City and she was honored to serve the
Chamber and the community.
Coun. Soth said the Chamber was first organized three years after he came to Beaverton
and that its successful leadership and member participation accomplished a great deal in
the last fifty years. He hoped the next fifty years would be equally successful.
Mayor Drake presented the proclamation to Ham Thorne.
Beaverton City Council
February 10, 2003 Minutes
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CITIZEN COMMUNICATION:
Juliet Cai, Beaverton, asked for the Council’s help to rescue a U. S. citizen, Dr. Charles Li,
who was arrested on January 22, 2003, in China while on his way to visit his parents. She
said he was arrested because he practiced Falun Dafa, a meditation practice that
emphasized truthfulness, kindness, and tolerance. She spoke about the persecution of
Falun Dafa followers in China and said they did not want to see Dr. Li harmed. She said
there was a national campaign underway to rescue Dr. Li, which included letters from
Congress and the House of Representatives. She said a letter was sent to Secretary of
State Colin Powell asking for his assistance. She noted a list of activities being held in
February to honor Falun Dafa month.
COUNCIL ITEMS:
Coun. Soth said he and Couns. Bode and Stanton attended the Vietnamese Senior
Citizens New Year Celebration at the Community Center. He said this was the first year
the celebration was held in Beaverton and he had a good time. He noted the City had
benefited from the artistic and cultural contributions the Vietnamese brought to the United
States.
Coun. Bode noted she and the Mayor attended the Gala Opening of the Beaverton Arts
Commission Showcase. She said the art was well received and noted there were a
number of teenagers and families that attended.
STAFF ITEMS:
There were none.
CONSENT AGENDA:
Coun. Doyle MOVED, SECONDED by Coun. Soth that the Consent Agenda be approved
as follows:
Minutes of Regular Meeting of January 27, 2002.
03035
A Resolution Adopting an Intergovernmental Agreement with Metro Regional Government
for Commercial Technical Assistance Program Funding (Resolution No. 3704)
Contract Review Board:
03036
Authorization to Enter into Contract for Legal Services Relating to PERS and Employment
Contracts and Transfer Resolution (Resolution No. 3705)
03037
Consultant Contract Revision - Professional Planning Services for Statewide Planning
Goal 5 Implementation
03038
Waiver of Sealed Bidding – Purchase One 11,000 lb. GVWR Cab/Chassis from the State
of Oregon Price Agreement
Beaverton City Council
February 10, 2003 Minutes
Page ³
03039
Reject Two (2) Low Bids and Accept the Bid From Special Asphalt Products for the
Purchase of One (1) New Asphalt Track Paver
Question called on the motion. Couns. Bode, Doyle, Ruby, and Soth voting AYE, the
MOTION CARRIED unanimously. (4:0)
PUBLIC HEARING:
03040
TA 2002-0006 (Precision Holdings, LLP Chapter 20 Text Amendment)
Community Development Director Joe Grillo read a prepared statement defining the
process to be followed for the hearing, including the various required disclosure
statements (in record).
Grillo asked if there was anyone present who wanted to challenge the Mayor or
Councilors’ right to hear the matter that evening.
There were no challenges.
Grillo asked if there were any Councilors who wished to abstain due to impartiality.
There were none.
Grillo asked if there were any Councilors who had received any ex parte contacts, the
nature of such contacts and whether the contact had impaired the Councilor’s impartiality
or ability to vote on the matter.
Coun. Soth said he had no ex parte contacts but he had visited the site.
Mayor Drake said he visited the site prior to the applicant applying; he had a brief meeting
with the applicant to explain the process. He said that was the last contact he had with
him. He said it had not affected his impartiality on the issue.
Grillo asked if there was anyone present who wished to challenge the Council’s authority
to hear the matter.
There were no challenges.
Grillo read the rules for the hearing (in record).
Development Services Manager Steven Sparks explained TA 2002-0006, Precision
Holdings LLP, was an application for a text amendment to Chapter 20 of the Development
Code, to amend the Station Community-High Density Residential Zoning District (SC-
HRD) to allow a new conditional use (storage yards for fully operable vehicles for sale or
lease) and amend the prohibited uses in that zone. He said the proposed amendment
authorized this use as a Conditional Use; no new uses were being authorized. He noted
that after its public hearing, the Planning Commission recommended denial and on
January 27, 2003, the Council requested a hearing.
Beaverton City Council
February 10, 2003 Minutes
Page 4
Sparks noted the following items were entered into the record: 1) A February 5, 2003,
letter from David Smith, attorney for the applicant, that commented on the use restrictions
forwarded as part of the proposed text; 2) A February 10, 2003, memorandum from Grillo,
Sparks and Senior Planner Kevin Snyder, that responded to Smith’s letter; and 3) A
February 5, 2003, communication from Metro President David Bragdon on the text
amendment. He noted the Council packet contained a colored map that indicated the land
use designation corridor in orange and the affected zoning district in fuchsia, and a parcel
specific map that showed the affected area. He said staff recommendation was to
approve the text amendment, subject to text modifications identified in the memorandum
from staff dated February 10, 2003.
Coun. Ruby asked why City staff believed that the current law was flawed or inconsistent
and should be changed.
Sparks explained staff felt there should be a time of transition to move toward the vision
the City had for the South Tektronix Station area. He noted when the Station Community
Plan was adopted in 1999, the growth that was expected did not occur for various
reasons. He said that an absolute prohibition might prevent a realistic use of the property
now; a five-year transition period would promote the use of property and over time would
allow the transition to the high-density development envisioned for the area.
Coun. Ruby noted the policy for the Station Community designation. He said the
applicant’s position was that sales and leasing of vehicles in that zone was permitted, but
storage of vehicles was not. He said the storage of vehicles was a component to the sale
and rental of vehicles and asked if that restriction was needed.
Sparks explained that the current Code allowed new vehicle sales and leasing use if
enclosed within a structure; there would be no outdoor sales or storage of vehicles for new
sales use. He said the applicant had an existing facility and wanted to expand that
storage on a site within the zone without enclosing the site. He noted that while storage
was a use that went with vehicle sales, this would expand an existing use. He explained
staff tried to accommodate this by allowing the expansion without the enclosure. He said
this would be the use for the transitional period before the site was dedicated to higher
density development.
Coun. Soth noted that the majority of the property in this area along Tualatin Valley
Highway was occupied by automobile-related businesses. He asked if the concept of the
transitional arrangement was that at some point the property would become too valuable
for the use and would then transition into the High Density Residential and transit-related
operations.
Sparks stated it remained City policy to locate automobile businesses in the General
Commercial zone. He said it was not the City’s policy to allow existing auto dealers along
Tualatin Valley Highway change to another use. He noted if the market forces in the
future dictated a transition, it could happen. He stressed the City was not trying to direct
any type of development direction in the GC zone. He noted this application was specific
to the Station Community area and that specific to the SC-HRD zone, it was hoped that in
the transition period the value of the land would result into something more than a storage
yard.
Beaverton City Council
February 10, 2003 Minutes
Page 5
Mayor Drake noted the original application was for ten years and that The Round was
pushing five years. He said that if one looked at maximum land use, five years was not a
long period of time; the Conditional Use with the time limit protected the integrity of the
Station Community and still allowed owners to maximize use of their land.
Coun. Soth noted that time limits for Conditional Use Permits were calculated to the land.
He asked if this application would not apply to the land because it was specific to transit-
oriented zoning.
Sparks replied that was correct.
Coun. Ruby asked if there was a parcel being used as a storage facility that was non-
compliant with the Code. He asked if this text amendment made the use compliant or
would it allow the applicant to use a non-utilized property as a storage yard.
Sparks explained this text amendment was initiated as a result of Code Enforcement
proceedings; the use of this parcel in the SC zone was not consistent with the current
zoning. He said the text amendment authorized the applicant to proceed with legalizing
the use through a Conditional Use Permit and Design Review Permit. He said this was
the first step in a multi-step process.
Coun. Ruby asked what was the size of the non-compliant parcel that was used for
storage.
Sparks replied that the applicant would have that answer.
APPLICANT:
David B. Smith, attorney for Precision Holdings, LLP, said the Planning Commission was
concerned about the need for the text change for the SC-HRD District. He reviewed the
site location and explained the property was previously owned by Loy Clark Pipeline and
was used to park heavy equipment. He said when his client acquired the site; he believed
he could use it for vehicle storage as a legal non-conforming use. He said that City staff
advised him this was not the same type of use and could not be considered under the
provisions for non-conforming uses; therefore an enforcement action was initiated against
Precision Holdings. He said the property was surrounded by a chain link fence and
currently used for the storage of vehicles for sale or lease by Russ Saturn and Herzog-
Meier dealerships. He noted these dealerships were on Tualatin Valley Highway in the
General Commercial District, and the highway was classified as a Corridor in the
Comprehensive Plan.
Smith referred to his February 5, 2003, memorandum that addressed the Commission’s
other concerns. He said the Commission was concerned about how many properties
would be encompassed by this text amendment. He said the amendment was as
property-specific as possible, without identifying the tax lot number. He noted the
Commission was concerned that ten years was a long term. He said the applicant agreed
and cut the term to five years. Smith said the Commission was also concerned that in the
original text amendment there was nothing to prevent owners of developed property from
demolishing structures and turning them into storage yards.
Beaverton City Council
February 10, 2003 Minutes
Page 6
Smith said he proposed a revised amendment that would make this applicable only to
those properties that were north of Tualatin Valley Highway between Lloyd Avenue and
Murray Boulevard, and existed as storage yards on January 1, 2003.
Smith said he fully supported the modifications staff proposed to the amendments he
submitted. He reviewed the property-specific nature of the text amendments. He noted
that the Commission was concerned that this amendment be consistent with the purpose
of Station Community zoning district. He said he looked at the policies of the South
Tektronix Station Community Plan in the Comprehensive Plan and one of the policies was
to “regulate new development to provide increased densities and employment.” He said
that representatives from Russ Saturn and Herzog-Meier would testify about the
relationship between storing additional inventory, selling more cars, and promoting
employment. He noted another policy was to encourage opportunities to promote land
assembly for high-density redevelopment projects. He said that this amendment kept this
1.25-acre lot open for future development; which was part of the transition. He said he
agreed with Coun. Soth that in the future it would become more valuable to convert this
property to one of the uses allowed in the SC-HRD district. He stressed this was the only
way available to support the automobile dealerships that made valuable use of this
property today.
Coun. Soth asked if the applicant had any remarks about restricting the storage area to
the paved lot, or using both the paved and compacted gravel areas. He noted that in the
past Clean Water Services equated compacted gravel with paved surfaces, in terms of
impervious surface for water runoff. He asked if that equalization was still sought.
Smith explained that water runoff could be an issue in the Conditional Use Permit process.
He explained they felt the prudent thing to do would be to leave it as an “either/or” or both,
since the site consisted of paved and compacted gravel surfaces. He said he hoped by
not paving the entire property they would avoid water runoff concerns.
Coun. Ruby asked since the area was not zoned for storage yards had the dealerships
looked for storage space in properly zoned areas rather than waiting five years when the
area would be more urbanized and space less available.
Smith agreed with Coun. Ruby and said if the dealerships were his clients he would advise
them that once the CUP was granted, they should look for other locations because the
permit might not be renewed in five years or the property could become so valuable that
Precisions Holdings would not want to renew the permit.
Coun. Doyle noted that the applicant was under the impression that the non-conforming
use would be allowed to continue when he took possession of the land. He asked if there
was a basis for that assumption.
Smith explained that Loy Clark had a lot of large heavy equipment parked on the site. He
said they believed that parking of vehicles ( by Clark or the applicant) was the same use.
He said they had a sincere belief that the uses were the same. He said staff had not
agreed and noted a distinction between parking material-handling equipment and parking
new vehicles that were for lease or sale.
Beaverton City Council
February 10, 2003 Minutes
Page 7
Rob Rosetta, Sunset Imports, Beaverton, said his dealership was adjacent to this property
and they hoped to use the property for storage. Rosetta noted this area was designated
as a car area twenty years ago; times changed and growth happened. He said it would
take a long time for this area to adapt into another use; in twenty years it might be a
dense, urban setting. He said for the foreseeable future this property would remain as it
was today. He said the land should be used to benefit successful businesses in the area
during the transition. He noted this lot was strictly for storage of new vehicles. He said
this property benefited local businesses, tax providers and employers today and for the
foreseeable future. He said when the land became more valuable; market demand would
dictate the use. He noted the five-year period on the Conditional Use Permit would go by
very quickly.
Russ Humberston Jr., Beaverton, said he represented Beaverton Toyota and Saturn of
Beaverton. He thanked Council for considering the amendment. He said the dealers did
not want to lease any additional storage property; it was an additional expense. He said it
was a necessary evil because of business growth; an excess storage lot was needed. He
said they hoped to get away from it someday. He said they looked for places that were
permissible, but it was hard to find available space in Beaverton. He noted that since the
cars were new this was a clean use with no waste. He agreed that change would occur
when property values climbed and market demand would take care of the change. He
agreed the five years would go very quickly and said he did not think that was a lot to ask
for and they would continue to look for other property during that period.
Coun. Soth asked if the additional storage space was required because of the many
options offered in automobiles today.
Humberston explained there were so many models today and manufacturers wanted the
dealers to take a mix of all the models and keep a large supply of cars on the lots.
OPPONENTS:
Don Delzer, Beaverton, said he testified at the Planning Commission hearing; the staff
recommendation had improved since that night. He said he was concerned about the
statement “storage yards shall not be authorized to remain unless new authorization
through a separate Conditional Use Permit is obtained.” He agreed this would depend on
the Planning Commission and pointed out this allowed the conditional use to continue for
a long time. He agreed this use could be beneficial to the employment of the entire City,
but said it was not beneficial to the employment within the SC-HRD zone. He said there
were two versions for Condition 4:
1. To direct staff to amend 20.20.20.2.d and add a new restriction that would read
“Development of storage yards for fully-operable vehicles for sale, lease and rental
that are located within one-quarter mile of a Corridor shall only be allowed to occur on
the portion of lots containing existing paved services.” He said he strongly opposed
this requirement. He noted there were many lots that had existing paved services and
he felt this was so broad it included demolishing buildings to convert the pavement
area for storage, which he felt was not a good idea.
Beaverton City Council
February 10, 2003 Minutes
Page 8
2.
He said that the second version had an effective date in the ordinance and that was a
good idea. He noted concern with the portion that read “staff further believed that this
modified use restricts and will allow the City to limit the conversion of existing improved
properties within the SC-HRD designation to storage yard use.” He said he was
worried that this only allowed the City to limit the conversion. He said he felt it should
prevent the conversion of any other property to this use.
Coun. Soth explained that this applied only to the lots that had this use as of January 1,
2003, and were not applicable to any future conversion.
Mayor Drake explained that additional revisions were made since the staff report was
written that incorporated changes suggested by Smith to tighten the restrictions. He noted
staff’s more recent recommendation to Council addressed Delzer’s concerns.
Delzer thanked the Council.
Coun. Ruby said if Council decided to deny the application for the text amendment could
Council direct Code Enforcement staff to refrain from any specific enforcement action for a
reasonable period of time to give the affected businesses the opportunity to relocate the
vehicles.
Mayor Drake explained that would be difficult because Code requirements were
requirements. He noted staff worked with the applicant, Precision Holdings, because they
were found to be non-compliant. He said he thought it would be beyond the intent of the
Code.
Coun. Ruby asked if there was a mistaken belief that the property was suitable for the
storage yard, wouldn’t that allow some latitude on enforcement to give the dealers a
chance to relocate.
Mayor Drake explained that in interpreting the law, it was incumbent upon the property
owner to ascertain the usage. He noted the site had a storage component to it previously
in that heavy equipment was stored there; it was a heavy use of the property. He said the
applicant acquired the property after the change took effect and reasonable removal of the
vehicles was required. He noted that the City had delayed further Code Enforcement on
this case until this application had a fair hearing. He said the City had given the property
owner and lessees a lot of consideration to this point.
There were no further questions.
Mayor Drake closed the hearing.
Coun. Soth MOVED, SECONDED by Coun. Doyle, that Council approve Agenda Bill
03040, TA 2002-0006, Precision Holdings, LLP Chapter 20 Text Amendment, with the
language that was consistent with the staff memorandum of February 10, 2003, which
included the February 5, 2003, letter from David Smith, the applicant’s representative, and
that staff prepare an ordinance adopting this recommended text amendment.
Beaverton City Council
February 10, 2003 Minutes
Page 9
Coun. Bode said she looked at the criteria and wanted to be sure that the wording was
clear and beyond new interpretation. She asked if the five-year period was five years from
the date of adoption of the text.
Mayor Drake explained the amendment allowed the property owner to apply for a
Conditional Use Permit and if it was approved, the applicant would have a five-year time
period on the permit.
Coun. Bode asked if the text amendment passed would the applicant be expected to come
before the Planning Commission by a certain time.
Mayor Drake asked the City Attorney if a timeline should be included in the motion.
Coun. Bode said she agreed with him, but she wanted it clear that her anticipation was
that the landholder should proceed in a timely fashion.
City Attorney Mark Pilliod explained it was an administrative decision on when and how to
enforce a Code violation. He said it was inappropriate to insert it in legislation.
Coun. Soth said he made the motion because he felt this area was in a period of
transition. He said this amendment gave the applicant the opportunity for a Conditional
Use Permit and the five-year time period would apply. He added the time period would
apply to the permit and not the land.
Coun. Bode said the text amendment addressed the criteria. She noted that if they did not
move forward with the five-year period and the lot was vacated, that would leave another
empty lot in Beaverton that could be subject to vandalism. She felt for livability it was the
right thing to do and noted the permit would come back again for review.
Coun. Doyle said he would support the motion and he felt that this was addressed in the
right way. He noted the Planning Commission’s concerns were valid and were addressed
soundly with an excellent compromise. He congratulated the applicant, staff, and Delzer
for following through this process.
Coun. Ruby said he would not support the text amendment. He explained it was
incumbent on a property owner to know the use on a property before a business was
located and it was important to be fair on zoning issues in the treatment of businesses and
individuals that were affected by zone changes. He said he felt the City was sanctioning a
use that should not have been set on that property.
Question called on the motion. Couns. Doyle, Soth, and Bode voting AYE, Coun.Ruby
voting NAY, MOTION CARRIED. (3:1)
Beaverton City Council
February 10, 2003 Minutes
Page 10
ORDINANCES:
Suspend Rules:
Coun. Soth MOVED, SECONDED by Coun. Doyle, that the rules be suspended, and that
the ordinances embodied in AB 03041, 03042 and 03043, be read for the first time by title
only at this meeting, and for the second time by title only at the next regular meeting of the
Council. Couns. Bode, Doyle, Ruby and Soth voting AYE, the MOTION CARRIED
unanimously. (4:0)
First Reading:
City Attorney Mark Pilliod read the following ordinances for the first time by title only:
03041
An Ordinance Amending Ordinance No. 2050, the Zoning Map, From General Commercial
(GC) to Regional Center – Transit Oriented; ZMA 2002-0025 (Ordinance No. 4243)
03042
An Ordinance Amending Ordinance No. 4187, Figure III-1, the Comprehensive Plan Land
Use Map and Ordinance No. 2050, the Zoning Map for Property Located on SW Canyon
Lane and Property on SW Cashmur Lane; CPA 2002-0015/RZ 2002-0026 (Ordinance No.
4244)
03043
An Ordinance Amending Ordinance No. 2050, the Zoning Map, From Residential Urban
Medium Density (R2) to Community Service (CS), for Property Commonly Known as the
Progress Zone Change at SW Hall Boulevard; RZ 2002-0021/APP 2002-0019 (Ordinance
No. 4245)
RECESS:
Mayor Drake called for a brief recess at 8:00 p.m.
RECONVENED:
Mayor Drake reconvened the meeting at 8:10 p.m.
EXECUTIVE SESSION:
Coun. Soth MOVED, SECONDED by Coun. Bode that Council move into executive
session in accordance with ORS 192-660(1)(h), to discuss the legal rights and duties of
the governing body with regard to litigation or litigation likely to be filed. Couns. Bode,
Doyle, Soth, and Ruby voting AYE, the MOTION CARRIED unanimously. (4:0)
The executive session convened at 8:10 p.m.
The executive session adjourned at
9:00 p.m.
The regular meeting reconvened at 9:00 p.m.
Beaverton City Council
February 10, 2003 Minutes
Page 11
ADJOURNMENT
There being no further business to come before the Council at this time the meeting was
adjourned at 9:00 p.m.
______________________________
Sue Nelson, City Recorder
APPROVAL:
Approved this 3rd day of March, 2003.
_______________________________
Rob Drake, Mayor
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