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SDR1994-00008
C1 ,- 1 CITY OF TIGARD Washington, County NOTICE OP PINAL ORDER - BY PLANNING COMMISSION 1. Concerning Case Number(s): SDR 94 -0008 2. Name of Owner: Bank of America Name of Applicant: VIPS Industries, Inc. 3. Address 280 SE Liberty Street City Salem State OR Zip 97301 4. Address of Property: 9575 SW Locust Street Tax Map and Lot No(s).: 1S1 26DC, tax lots 4700 and 4701 5. Request: SITE DEVELOPMENT REVIEW SDR 94 -0008 VIPS /BANK OF AMERICA An appeal of a Director's Decision approving a 56 unit motel with morning breakfast service. APPLICABLE APPROVAL CRITERIA: Community Development Code Chapters 18.32, 18.64, 18.96, 18.100, 18.102, 18.106, 18.108, 18.114, 18.120, 18.150, and 18.164. Zone: C -P (Professional Commercial) The C -P zoning district permits a range of professional and personal services. The zone allows transient lodging and restaurant facilities. 6. Action: Approval as requested X Approval with conditions Denial 7. Notice: Notice was published in the newspaper, posted at City Hall, and mailed to: X The applicant and owner(s) X Owners of record within the required distance X Affected governmental agencies 8. Final Decision: THE DECISION SHALL BE FINAL ON September 21, 1994 UNLESS AN APPEAL IS FILED. The adopted findings of fact, decision, and statement of conditions can be obtained from the Planning Department, Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon 97223. 9. Appeal: Any party to the decision may appeal this decision in accordance with 18.32.290(B) and Section 18.32.370 which provides that a written appeal may be filed within 10 days after notice is given and sent. The appeal may be submitted on City forms and must be accompanied by the appeal fee ($315.00) and transcript costs, (varies up to a maximum of $500.00). The deadline for filing of an appeal is 3:30 p.m. September 21, 1994 10. Ouestions: If you have any questions, please call the City of Tigard Planning Department, 639 -4171. • • CITY OF TIGARD PLANNING COMMISSION FINAL ORDER NO. 94 -04 PC BANK OF AMERICA - OWNER VIPS - APPLICANT A FINAL ORDER WHICH APPROVES REVISIONS TO THE DECISION ISSUED FOR SITE DEVELOPMENT REVIEW 94 -0008 FOR A PHEONIX INN LOCATED ON A 0.85 ACRE PARCEL LOCATED AT THE NORTHWEST CORNER SW LOCUST AVENUE AND SW GREENBURG ROAD. APPLICATION: A request for Site Development Review approval for a a 54 to 56 unit motel. Comprehensive Plan: Commercial Professional (C -P), Zoning: Commercial Professional (C -P) Location: 9575 SW Locust Street (WCTM 1S1 26DC, tax lot 4700 and 4701) SECTION I - DECISION: Notice is hereby given that the Planning Director's designee for the City of Tigard has APPROVED the above request subject to certain conditions. The findings and conclusions on which the decision is based are noted in Section II. Recommendations: PRIOR TO THE ISSUANCE OF A BUILDING PERMIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED OR FINANCIALLY SECURED: 1. The site and landscape plan shall be modified to indicate the ultimate right -of -way width of 49 feet from the centerline of SW Greenburg Road. The area of future right -of -way shall not be included when calculating the areas of landscaping and parking required to satisfy the requirements of the Community Development Code. The applicant shall provide a copy of the site boundary survey to verify the existing rights -of -way. STAFF CONTACT: Michael Anderson, Engineering Department. 2. The applicant shall sign a waiver of remonstrance against the future formation of a Local Improvement District to improve SW Greenburg Road to the ultimate street width. STAFF CONTACT: Michael Anderson, Engineering Department. 3. The applicant shall provide street lighting along SW Locust Street in accordance with the City standards. STAFF CONTACT: John Hagman, Engineering Department (639 -4171) 4. Three (3) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Seven (7) sets of approved drawings and one (1) itemized construction cost estimate, all prepared by a Professional Engineer, shall be submitted for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. STAFF CONTACT: John Hagman, Engineering Department (639 - 4171). 5. A final grading plan shall be submitted showing the existing and proposed contours. A soils report shall be provided detailing the soil compaction requirements. STAFF CONTACT: Michael Anderson, Engineering Department (639- 4171). 6. The applicant shall provide an on -site water quality facility as established under the guidelines of Unified Sewerage Agency Resolution and Order No. 91 -47 and designed in accordance with the USA minimum standards. The maintenance of the facility shall be the responsibility of the property owner. STAFF CONTACT: Greg Berry, Engineering Department (639- 4171). • • . 7. The applicant shall demonstrate that storm drainage runoff can be discharged into the existing drainageways without significantly impacting properties downstream. STAFF CONTACT: Greg Berry, Engineering Department (639- 4171). 8. a) The applicant shall obtain a tree removal permit prior to removal of any trees on site in excess of six inches or more measured four feet above ground level. STAFF CONTACT: Mark Roberts, Planning Division. b) The applicant shall provide an arborist report which reviews the suitability of trees on site for preservation or relocation on site. STAFF CONTACT: Mark Roberts, Planning Division. c) The applicant shall revise the landscape plan to provide a minimum of a 15 foot buffer along the portion of the property which abuts the single family residence. The applicant shall provide increased landscaping within the buffer area if less than 20 feet is provided. STAFF CONTACT: Mark Roberts, Planning Division. IN ADDITION THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE; SECTION 18.120.060 (BONDING AND ASSURANCES) AND SECTION 18.164 (STREET AND UTILITY IMPROVEMENT STANDARDS). COPIES MAY BE OBTAINED THROUGH THE PLANNING OR ENGINEERING DEPARTMENTS. THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN MONTHS OF THE DATE OF THE FINAL DECISION. SECTION II. - FINDINGS OF FACT 1. Background: The subject property was annexed into the City on April 16, 1987 through Boundary Commission Action 2344. Site Development Review #90 -0016 for a 4,600 square foot bank branch was approved for this site in 1990. That approval expired becuase the applicant did not develop the site for the approved bank. On June 17, 1994 a decision recommending approval for a 56 room motel was issued for a vacant property at the south east corner of Locust Avenue and Greenburg Road. On June 27, 1994 the applicant appealed two of the conditions of approval related to right -of -way dedication and street improvements along the site's SW Greenburg Road frontage. These conditions of approval required that the applicant dedicate and improve the site's street frontage along SW Greenburg Road to the ultimate right -of -way width which is 49 feet from street centerline. This improvement would require approximately 17 feet of additional right -of- way and street improvement construction. A traffic study for the SW Greenburg Road and SW Hall Boulevard area was recently completed. The study recommended that within 1 -3 years that the City acquire right -of -way along SW Greenburg Road to have a continuous roadway design of five lanes in total width along its entire length from SW Locust Avenue to SW Hall Boulevard. The study recommended this ultimate street width to provide for future capacity needs. The existing three lanes is adequate for now and likely for the next five years. On August 22nd the applicant appeared at the Public Hearing for the Appeal filed of the staff decision issued for this proposal. The applicant concurred with the revised wording but objected to a similar right -of -way dedication requirement made by the Washington County FINAL ORDER SDR 94 -0008 - BANK OF AMERICA /VIPS PAGE 2 • Department of Land Use and Transportation Planning. The Planning Commission reviewed the appeal and concurred with the City Attorney's recommendation concerning required street improvements for this development and approved revisions to Conditions of Approval #1 and #2. 2. Vicinity Information: The surrounding properties are zoned for Commercial Professional use and are developed with Lincoln Center to the south. Adjoining areas to the south of Locust are developed with a mixture of professional office uses within Lincoln Center. Across the street on SW Greenburg are general commercial areas within Washington Square and a cemetary. The site adjoins an older residence and a commercial store to the north. The site also adjoins a professional office building to the east. 3. Site Information and Proposal Description: The subject parcel is approximately 37,402 square feet in size. The applicant has proposed a three story, 54 to 56 unit motel with 59 parking spaces. The floor plan currently shows two rooms to be used for maid storage which may be converted to guest room use in the future. The site is a vacant property located on the northeast corner of SW Greenburg Road and SW Locust Street. Both streets are designated as major collector streets. The property contains several mature deciduous and evergreen trees. The proposed architectural elevations use a smooth finish with tile accent materials along the first floor elevation to accent the main building entrance. The front elevations towards SW Greenburg and SW Locust provide prominent fascade features designed to break up the continuous height of the building roof line. 4. Agency and CIT Comments: The Engineering Department, the Police Department, the Building Department, Tualatin Valley Water District, the Tualatin Valley Fire and Rescue, Northwest Natural Gas, Portland General Electric, Washington County Department of Land Use and Transportation Planning and the Oregon Department of Transportation were provided with copies of this. The City of Tigard Engineering Department and the Washington County Department of Land Use and Transportation responded with comments. The Engineering Department reviewed this application and provided the following comments: Findings: 1. Streets: The applicant has submitted a traffic study prepared by ATEP dated May 9, 1994. In reviewing projects in this area, Engineering staff is relying on the Hall /Greenburg /Scholls Area Traffic Needs Study Report prepared by Parametrix, dated January, 1994. This report is the most comprehensive traffic review available for the area, and the ATEP study has referenced the data included in the report. The Parametrix report assumed that the subject site, when developed, would generate approximately 207 vehicles per peak hour based on new office commercial development. The traffic report submitted with the application shows that this specific development proposal will generate FINAL ORDER SDR 94 -0008 - BANK OF AMERICA /VIPS PAGE 3 • an estimated 34 vehicles per peak hour, substantially less than the previous report. The Parametrix report also identifies improvements needed to correct existing deficiencies and improvements that accommodate expected growth. The major growth - related improvement identified in the area of the subject site is the widening of the Greenburg bridge overcrossing of Highway 217. This bridge widening is already funded under the County's MSTIP program. Therefore, we conclude that no off -site traffic improvements are required with this development. In addition, the Parametrix report reaffirms the status of SW Greenburg Road and the need to construct the road to major street standards. Additional improvements required for this site development include the street lighting in both SW Greenburg Road and SW Locust Street and the sidewalk along SW Locust Street as shown on the site plan. The motel will have relatively small peak hour traffic and does not by itself justify a future need for five lanes. The study found that this portion of SW Greenburg Road currently operates at Level of Service C and would be expected to continue to operate at that level in the forseeable future. The motel itself will be a relatively small contributor to street capacity issues. The applicant has been required within revised conditions of approval to participate in a future local improvement district which will ensure that when widening does occur that the property owner will pay its fair share of the widening. The plan submitted by the applicant provides landscaping and parking beyond the planned ultimate right -of -way for SW Greenburg Road in accordance with the development criteria of the Commercial - Professional Zoning District. SW Greenburg Road and SW Locust Street are both designated as major collectors. Eventual improvements along the property frontage would include the dedication of additional right -of -way for SW Greenburg Road, a Washington County road, to a width of 49 feet as measured from centerline to comply with the requirements of of the County. The right - of -way for SW Locust Street is 70 feet and is adequate for a major collector. 2. Sanitary Sewer: The site is served by the 8" public sanitary sewer located in SW Locust Street and the sewer has sufficient capacity for the development. 3. Storm Sewer: The Unified Sewerage Agency has established and the City has agreed to enforce (Resolution and Order No. 91 -47) Surface Water Management Regulations requiring the construction of on -site water quality facilities or fees in -lieu of their construction. The site plan for the proposed project provides for an on -site water quality facility that should connect to the underground system in SW Locust Street. The applicant should demonstrate that the storm drainage runoff can be discharged into the existing system without significantly affecting the properties downstream. The on -site facility should be designed in accordance with USA minimum standards. The Tualatin Valley Fire and Rescue District indicated that access was acceptable as designed for fire equipment to turn around to serve the FINAL ORDER SDR 94 -0008 - BANK OF AMERICA /VIPS PAGE 4 • site. The Fire District required that the site be provided with a hydrant at an acceptable location. It appeared that an acceptable location would be at the corner of SW Locust Street and SW Greenburg Road. The Washington County Department of Land Use and Transportation commented on this proposal and stated that a traffic analysis for this development proposal is being performed by the County Traffic Analyst, whose findings and recommendations will be forwarded to the City at the time of completion of the review. This review and the recommended conditions of approval which will be developed as a part of that review are required by Resolution and Order 86 -95 and Section 501- 8.2.B. of the Community Development Code. REOUIRED CONDITIONS OF APPROVAL I. PRIOR TO FINAL APPROVAL AND ISSUANCE OF A BUILDING PERMIT BY THE CITY OF TIGARD: A. Submit to Land Development Services (Public Assurance Staff, Tracy Stone/ Carolyne Cook, 648 - 8761): 1. Completed "Design Option" form. 2. $500.00 Administration Deposit. NOTE: Any portion of the Administration Deposit not used by Washington County for plan approval, field inspections, and contract administration will be returned to the applicant. If at any time during the project, the County's costs are higher than the amount deposited, Washington County will bill the applicant the amount needed to cover the costs. 3. Two (2) sets of complete engineering plans for the construction of the following public improvement: a. Repair concrete sidewalk to County standard a l o n g S W G r e e n b u r g R o a d frontage. b. Close all existing driveways c. Any additional off -site safety improvements found to be required for compliance with R &O 86 -95 upon completion of the County's Traffic Analyst's review. B. Obtain a Washington County Facility Permit upon completion of the following: 1. Obtain Engineering Division approval and provide a financial assurance for the construction of the public improvements listed in conditions I.A.3. NOTE: The Public Assurance staff (Tracy Stone /Carolyn Cook, 648- 8761) of Land Development Services will send the required forms to the applicant's representative after submittal and approval of the public improvement engineering plans. 2. Provide evidence that the documents required by condition I.D. have been recorded. C. The following documents shall be executed and recorded with Washington County: FINAL ORDER SDR 94 -0008 - BANK OF AMERICA /VIPS PAGE 5 • • 1. Dedicate additional right -of -way to provide 49 feet from centerline of SW Greenburg Road frontage. 2. Sign a waiver not to remonstrate against the formation of a local improvement district or other mechanism to improve the base facility of SW Greenburg Road between SW Hall Boulevard and State Highway 217. 3. Provide a one -foot non - access reserve strip along SW Greenburg Road frontage, except at approved access points. NOTE: Washington County Survey Division (Jamil Kamawal, 693 -4543) will send the required forms to the applicant's representative. II. PRIOR TO OCCUPANCY The road improvements required by conditions I.A.3. above shall be completed and accepted by Washington County. SECTION III. - ANALYSIS AND CONCLUSION A. COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Use Classification: The applicant has indicated that the proposed use of this site is for itinerant lodging with breakfast service. Section 18.64 allows itinerant lodging within the Commercial Professional zoning district as long as a restaurant use is provided in conjunction with the lodging use. The applicant has proposed to provide continental breakfast service to guests in compliance with the restaurant service requirement. Minimum Lot Area: Section 18.62.050 states that there is a 6,000 square foot minimum lot area for parcels in the Commercial Professional zone. The average lot width of each parcel in the Commercial Professional zone is 50 feet. The site will be reconfigured as one parcel through a lot consolidation action. As a consolidated parcel the property is 37,402 square feet and a width of 176 feet which complies with lot area requirements. Development proposals within this zoning district may not exceed 85% of the site with buildings and hard surfaces. The site plan indicates that 81% of the site will be developed with impervious surfaces such as structures and parking lot areas which complies with the requirement. A minimum of 15% of the site must be landscaped. The applicant has provided 19% of the site with landscaping in compliance with this requirement. Setbacks: Section 18.64 does not require building setbacks except where a property abuts a residentially zoned parcel. The Development Code also requires that applicable areas of each site comply with line of site distances for structures at the site entrance to the street. The site improvements as proposed comply with line of site distance regulations at the sites driveway onto SW Locust Street. Structures must also comply with the Special Setbacks set forth in Section 18.96 which is 30 feet from the centerline of SW Greenburg Road. The applicant has 97 feet of setback from the centerline of SW Greenburg to the edge of the proposed structure. Section 18.100 requires buffer areas for commercial uses which abut existing residential uses. Because this parcel is surrounded on three and a half sides by other properties which are developed with commercial FINAL ORDER SDR 94 -0008 - BANK OF AMERICA /VIPS PAGE 6 • • uses a buffer area is required only along portions of the northern property line which abuts an existing single family residence. Condition of Approval #8 requires that the site and landscape plan be amended to provide an additional five feet of buffer area within the northeast corner of the property in compliance with the basic buffering requirement. The applicant may also amend the site plan and landscape plan to provide additional screening materials within the reduced 15 foot buffer area currently shown on the site plan. Through either design the applicant shall modify the site plan to delete parking and drive aisle uses within the 15 foot buffer area. Building Height: Section 18.62 states that no building shall exceed a height of 45 feet. The architectural elevations for the structure do not exceed a height of 39 feet. Minimum Off - Street Parking: Section 18.106 requires one parking space for each motel suite plus one for every two employees. Based on the proposed floor plan 57 parking spaces are required. The site plan currently provides 59 parking spaces in compliance with the requirement. Bicycle Parking: Section 18.106 requires one bicycle rack for each 15 vehicle parking spaces in any development. A minimum of 59 parking spaces are required for this proposal. Four bicycle racks have been provided in compliance with this requirement. Access, Egress and Circulation: Section 18.108 requires commercial development with 99 or less required parking spaces to provide a minimum access width of 30 feet and a minimum pavement width of 24 feet. The site plan complies with this requirement through a driveway located at the southern property line of SW Locust. This location is the farthest available location from the intersection of SW Locust Street and SW Greenburg Road. Walkway: Section 18.108 requires that a walkway extend from the main ground floor entrance of all commercial developments to the streets which provide the required ingress and egress. Condition of Approval #8 requires that the site plan and landscape plan be modified to provide pedestrian access to the building from SW Greenburg Road and SW Locust Street. The walkway shall be designed to minimize pedestrian conflicts with vehicles in the parking lot area. Street Trees: Section 18.100 requires that all development projects fronting on a public street more than 100 feet in length shall be required to plant street trees in accordance with the standards in Section 18.100.035. This site has frontage on SW Greenburg Road and SW Locust Street for a combined distance of 400 feet. The landscape plan provided 10 Flowering Pear trees centered at 30 to 40 feet. Due to their size at maturity, 40 feet, the provision of these trees complies with the City's street tree requirements for the site. Visual Clearance Areas: Section 18.102 requires that a clear vision area for motorist and pedestrian safety shall be maintained on the corners of all property adjacent to intersecting right -of -ways or private driveways. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, temporary or permanent obstruction exceeding three feet in height, measured from the top of the curb, or where no curb exists, from the street center line grade. Trees exceeding this height may be located in the clear vision area, provided all branches below eight feet are removed. The current landscape plan maintains sufficient clear vision due to the use of lower ground cover materials adjacent to the driveway on SW Locust Street. FINAL ORDER SDR 94 -0008 - BANK OF AMERICA /VIPS PAGE 7 ' • • Tree Removal: Section 18.150 contains standards for obtaining a required permit for removal of trees on site which have a trunk six inches or more in diameter measured four feet above the ground. The existing conditions plan indicates that several mature trees are proposed to be removed. Condition of Approval #8 requires that prior to removal of trees that the applicant prepare an arborist report to investigate the suitablility of trees on site for relocation. The applicant shall also apply for a tree removal permit prior to removal of trees. Landscaping Plan: Section 18.100 requires that the applicant submit a detailed landscaping plan. The Development Code requires a minimum of one tree for every seven parking spaces. The landscaping plan currently provides nine trees which provides one tree for each six and a half parking spaces. A variety of shrubs and ground cover are also required to comply with Development Code criteria for landscaped areas. Signs: Section 18.114 lists the type of allowable signs and sign area permitted in the General Commercial zone. Precise signage plans for this site shall be reviewed by the Planning Division through the sign permit process. SECTION IV. - PROCEDURE 1. Notice: Notice was published in the newspaper, posted at City Hall and mailed to: XX The applicant and owners XX Owners of record within the required distance XX Affected government agencies p 2. Final Decision: THE DECISION SHALL BE FINAL ON /2J 4 /7UNLESS AN APPEAL IS FILED. 3. Appeal: Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.370 of the Community Development Code which provides that a written appeal must be filed with the City Recorder within 10 days after notice is given and sent. Appeal fee schedule and forms are available at Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon. The deadline for filing of an appeal is 3:30 p.m. q.2/ 4. Questions: If you have questions, please contact the Planning Division at 639 -4171, City of Tigard, City Hall, 13125 SW Hall Blvd., Tigard, Oregon. SECTION V. DECISION The Planning Commission concludes that the conditions of approval of the Staff Decision shall be revised as provided within the Final Order in order to address concerns raised by the applicant in their appeal of the staff decision. It is further ordered that the applicant and the parties to these proceedings be notified of the entry of this order. PASSED: This p day of Peet, 1994 by the Planning Commission of the City of Tigard. ,/ /_ ' iA./AN 1 /irn F. Fry - / Pla ing Com• - •n President FINAL ORDER SDR 94 -0008 - BANK OF AMERICA /VIPS PAGE 8 Jr . II0 0 1 1 1 1 II I I l n - ■ soeoaa • 1 � '—' 1.4 LENYANN 77.- J 2 e 1—: =r-r- i'—'1 , - W . CORAL Q -11 1 1 11 {'�'' siiiii , 2 LGCNCT • 11 P N z Q YA /LELEA fT iri _I i inor Q 0 . II 1 CC • 1 11111 . 11111111 'Ali a 1 — • 1 . R 4 i E --------- - ›. 0 SHADY LOS , 0 PLOT PLAN CASE NO. _.. EXHIBIT. MAP _ SITE DEVELOPMENT REVIEW X94 -0008 - 7 --- r1 Z7rg..P IGAT 1 . KE-TA SW LOCUST STREET VICINITY EXHIBIT MAP CASE NO. - - SITE DEVELOPMENT REVIEW, I 1194-0008'r � g1tJ2 6 STEVEN V JOHNSON PO BOX 2508 SALEM OR 97308 BANK OF AMERICA 315 MONTGOMERY SAN FRANCISCO CA 94101 STEVEN JOHNSON VIPS INDUSTRIES INC 280 SE LIBERTY ST SALEM OR 97301 AFFIDAVIT OF MAILING STATE OF OREGON County of Washington ) ss. City of Tigard I, VIVII'P Mv_1(AaainA, , being first duly sworn /affirm, on oath depose and say: (Please print) ^,--�- That I am a 'J�v twv244 / ' .L' aWli, for The City of Tiga d, Oregon. That I served NOTICE OF PUBLIC HEARING FOR: (-'That I served NOTICE OF DECISION FOR: City of Tigard Planning Director 7 Tigard Planning Commission Tigard Hearings Officer Tigard City Council A copy (Public Hearing Notice /Notice of Decision) of which is attached (Marked Exhibit •A•) was mailed to each named per ons at th a dre s shown on the attached list marked exhibit "B" on the V^ day of 19 q f , said notice NOTICE OF DECISION as hereto att ched, W •o ted on an appropriate bulletin board on the 7- day of `<< �„ 19 ` C/ ; and depos? td in the United States Mail on the ft=- day of ..i , 19 '1"r. postage prepaid. KtdifA Prepared Notice Sub ibed and sworn /affirmed before me on the day of , 19 ( 9 0" �% OFFICIAL SEAL 0 / • ` li ` ) N. ARY PUBLIC O • � q�Z 4 EG • , , P3lAAIE lf<9. JELD:6df� �P <'' R10TARYPUB3LIC- OREGON ( My Commission a '..1 COMMISSION NO. 008977 MY COMMISSION EXPIRES $@PT. 7. /995 / October 31, 1997 CITY OF TIGARD OREGON Richard Brooke, Vice President National Mortgage Company 900 SW Fifth Avenue, Suite 1850 Portland, OR 97204 -1298 RE: Zoning Verification for the Phoenix Hotel Dear Mr. Brooke: This letter is to confirm that the zoning for 9575 SW Locust Street (Phoenix hotel) is Professional Commercial (C -P). The Professional Commercial zone allows public agency and administrative services, public support facilities, professional and administrative services, financial, insurance, real estate services, business support services, limited eating and drinking establishments and transient lodging/restaurants, among other uses. Therefore, hotels are permitted uses in the C -P zone. This site received Site Development Review approval September 21, 1994 (SDR 94- 0008). The use of the site as a hotel, as previously approved, is in compliance with the existing code. If the site were to change use, be expanded, or otherwise violate a • condition of prior approval, the site would require additional review by planning staff. I hope this information is helpful. If I can be of any further assistance, please do not hesitate to contact me at 503 - 639 -4171 x 407. Sincerely, Julia Powell Hajduk Associate Planner i:\curpinyulia\phoenix Enclosure (1) c: 1997 Director's Interpretations File SDR 94 -0008 land use file 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 TDD (503) 684 -2772 410 III CITY OF TIGARD NOTICE OF DECISION SITE DEVELOPMENT REVIEW SDR 94 -0008 BANK OF AMERICA - OWNERS VIPS - APPLICANT APPLICATION: A request for Site Development Review approval for a a 54 to 56 unit motel. Comprehensive Plan: Commercial Professional (C -P), Zoning: Commercial Professional (C -P) Location: 9575 SW Locust Street (WCTM 1S1 26DC, tax lot 4700 and 4701) SECTION I - DECISION: Notice is hereby given that the Planning Director's designee for the City of Tigard has APPROVED the above request subject to certain conditions. The findings and conclusions on which the decision is based are noted in Section II. Recommendations: PRIOR TO THE ISSUANCE OF A BUILDING PERMIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED OR FINANCIALLY SECURED: 1. Additional right -of -way shall be dedicated to the Public along the SW Greenburg Road frontage to increase the right - of -way to a width of 49 feet from centerline. The applicant shall provide a copy of the site boundary survey to verify the existing rights -of -way. The description shall be tied to the existing right -of -way centerline. The dedication document shall be on City forms. Instructions are available at the public counter or from the Engineering Department. STAFF CONTACT: Diane Jelderks, Engineering Department (639- 4171) . 2. Standard half - street improvements, including concrete sidewalk, driveway apron, curb, asphaltic concrete pavement, sanitary sewer, storm drainage, streetlights, and underground utilities shall be installed along the SW Greenburg Road frontage. Improvements shall be designed and constructed to Washington County minimum street standards and shall conform to the alignment of existing adjacent improvements or to an alignment approved by the Engineering Department. The curb shall be located a minimum of 35 feet from centerline. STAFF CONTACT: Michael Anderson, Engineering Department (639 -4171) . 3. The applicant shall provide street lighting along SW Locust Street in accordance with the City standards. STAFF CONTACT: John Hagman, Engineering Department (639- 4171) 4. Three (3) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Seven (7) s sets of approved drawings and one (1) itemized construction cost estimate, all prepared by a Professional Engineer, shall be submitted for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. STAFF CONTACT: John Hagman, Engineering Department (639- 4171) . 5. A final grading plan shall be submitted showing the existing and proposed contours. A soils report shall be provided detailing the soil compaction requirements. STAFF CONTACT: Michael Anderson, Engineering Department (639 -4171) . 6. The applicant shall provide an on -site water quality facility as established under the guidelines of Unified Sewerage Agency Resolution and Order No. 91 -47 and designed in accordance with the USA minimum standards. The maintenance of the facility shall be the responsibility of the property owner. STAFF CONTACT: Greg Berry, Engineering Department (639- 4171) 7. The applicant shall demonstrate that storm drainage runoff can be discharged into the existing drainageways without significantly impacting properties downstream. STAFF CONTACT: Greg Berry, Engineering Department (639- 4171) 8. a) The applicant shall obtain a tree removal permit prior to removal of any trees on site in excess of six inches or more measured four feet above ground level. STAFF CONTACT: Mark Roberts, Planning Division. b) The applicant shall provide an arborist report which reviews the suitability of trees on site for preservation or relocation on site. STAFF CONTACT: Mark Roberts, Planning Division. c) The applicant shall revise the landscape plan to provide a minimum of a 15 foot buffer along portion of the property which abuts the single family residence. The applicant shall provide increased landscaping within the buffer area if less than 20 feet is provided. STAFF CONTACT: Mark Roberts, Planning Division. IN ADDITION THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE; SECTION 18.120.060 BONDING AND ASSURANCES and SECTION 18.164 STREET AND UTILITY IMPROVEMENT NOTICE OF DECISION SDR 94 -0008 - BANK OF AMERICA /VIPS PAGE 2 • 1 STANDARDS. COPIES MAY BE OBTAINED THROUGH THE PLANNING OR ENGINEERING DEPARTMENTS. THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN MONTHS OF THE DATE OF THE FINAL DECISION. SECTION II. FINDINGS OF FACT 1. Background: The subject property was annexed to the City on April 16, 1987 through Boundary Commission Action 2344. Site Development Review #90 -0016 for a 4,600 square foot bank branch was approved for this site in 1990. That approval expired becuase the applicant did not develop the site for the approved bank. 2. Vicinity Information: The surrounding properties are zoned for Commercial Professional use and are developed with the Lincoln Center to the south. Adjoining areas to the south of Locust are developed with a mixture of professional office uses within Lincoln Center. Across the street on SW Greenburg are general commercial areas within Washington Square and a cemetary. The site adjoins an older residence and a commercial store to the north. The site also adjoins a professional office building to the east. 3. Site Information and Proposal Description: The subject parcel is approximately 37,402 square feet in size. The applicant has proposed a three story, 54 to 56 unit motel with 59 parking spaces. The floor plan currently shows two rooms to be used for maid storage which may be converted to guest room use in the future. The site is a vacant property located on the northeast corner of SW Greenburg Road and SW Locust Street. Both streets are designated as Major Collector streets. The property contains several mature deciduous and evergreen trees. The proposed architectural elevations use a smooth finish with tile accent materials along the first floor elevation to accent the main building entrance. The front elevations towards SW Greenburg and SW Locust provide prominent fascade features designed to break up the continuous height of the building roof line. 4. Agency and CIT Comments: NOTICE OF DECISION SDR 94 -0008 - BANK OF AMERICA /VIPS PAGE 3 • • The Engineering Department, the Police Department, the Building Department, Tualatin Valley Water District, the Tualatin Valley Fire and Rescue, Washington County Department of Land Use and Transportation Planning and the Oregon Department of Transportation have reviewed this proposal and have provided the following comments and recommendations. The Engineering Department reviewed this application and provided the following comments: Findings: 1. STREETS: The applicant has submitted a traffic study prepared by ATEP dated May 9, 1994. In reviewing projects in this area, Engineering staff is relying on the Hall /Greenburg /Scholls Area Traffic Needs Study Report prepared by Parametrix, dated January, 1994. This report is the most comprehensive traffic review available for the area, and the ATEP study has referenced the data included in the report. The Parametrix report assumed that the subject site, when developed, would generate approximately 207 vehicles per peak hour based on new office commercial development. The traffic report submitted with the application shows that this specific development proposal will generate an estimated 34 vehicles per peak hour, substantially less than the previous report. The Parametrix report also identifies improvements needed to correct existing deficiencies and improvements that accommodate expected growth. The major growth- related improvement identified in the area of the subject site is the widening of the Greenburg bridge overcrossing of Highway 217. This bridge widening is already funded under the County's MSTIP program. Therefore, we conclude that no off - site traffic improvements are required with this development. However, SW Greenburg Road and SW Locust Street are both designated as Major Collectors. The applicant should dedicate additional right -of -way for SW Greenburg Road, a Washington County road, to a width of 49 feet as measured from centerline to comply with the requirements of of the County. The right -of -way for SW Locust Street is 70 feet and is adequate for a Major Collector. In addition, the Parametrix report re- affirms the status of SW Greenburg Road and the need to construct the road to NOTICE OF DECISION SDR 94 -0008 - BANK OF AMERICA /VIPS PAGE 4 • major street standards. The applicant should be required to construct half - street improvements to widen SW Greenburg Road to 37 feet from centerline. Additional improvements required for this site development include the street lighting in both SW Greenburg Road and SW Locust Street and the sidewalk along SW Locust Street as shown on the site plan. 2. SANITARY SEWER: The site is served by the 8" public sanitary sewer located in SW Locust Street and the sewer has sufficient capacity for the development. 3. STORM SEWER: The Unified Sewerage Agency has established and the City has agreed to enforce (Resolution and Order No. 91 -47) Surface Water Management Regulations requiring the construction of on -site water quality facilities or fees in -lieu of their construction. The site plan for the proposed project provides for an on- site water quality facility that should connect to the underground system in SW Locust Street. The applicant should demonstrate that the storm drainage runoff can be discharged into the existing system without significantly affecting the properties downstream. The on -site facility should be designed in accordance with USA minimum standards. The Tualatin Valley Fire and Rescue District indicated that access was acceptable as designed for fire equipment to turn around to serve the site. The Fire District required that the site be provided with a hydrant at an acceptable location. It appeared that an acceptable location would be at the corner of SW Locust Street and SW Greenburg Road. The Washington County Department of Land Use and Transportation commented on this proposal and stated that a traffic analysis for this development proposal is being performed by the County Traffic Analyst, whose findings and recommendations will be forwarded to the City at the time of completion of the review. This review and the recommended conditions of approval which will be developed as a part of that review are required by Resolution and Order 86 -95 and Section 501- 8.2.B. of the Community Development Code. REOUIRED CONDITIONS OF APPROVAL I. PRIOR TO FINAL APPROVAL AND ISSUANCE OF A BUILDING PERMIT BY THE CITY OF TIGARD: NOTICE OF DECISION SDR 94 -0008 - BANK OF AMERICA /VIPS PAGE 5 . 1 A. Submit to Land Development Services (Public Assurance Staff, Tracy Stone/ Carolyne Cook, 648 - 8761): 1. Completed "Design Option" form. 2. $500.00 Administration Deposit. NOTE: Any portion of the Administration Deposit not used by Washington County for plan approval, field inspections, and contract administration will be returned to the applicant. If at any time during the project, the County's costs are higher than the amount deposited, Washington County will bill the applicant the amount needed to cover the costs. 3. Two (2) sets of complete engineering plans for the construction of the following public improvement: a. Repair concrete sidewalk to County standard along SW Greenburg Road frontage. b. Close all existing driveways c. Any additional off -site safety improvements found to be required for compliance with R &O 86 -95 upon completion of the County's Traffic Analyst's review. B. Obtain a Washington County Facility Permit upon completion of the following: 1. Obtain Engineering Division approval and provide a financial assurance for the construction of the public improvements listed in conditions I.A.3. NOTE: The Public Assurance staff (Tracy Stone /Carolyn Cook, 648 -8761) of Land Development Services will send the required forms to the applicant's representative after submittal and approval of the public improvement engineering plans. 2. Provide evidence that the documents required by condition I.D. have been recorded. C. The following documents shall be executed and recorded with Washington County: 1. Dedicate additional right -of -way to provide 49 feet from centerline of SW Greenburg Road frontage. 2. Sign a waiver not to remonstrate against the formation of a local improvement district or NOTICE OF DECISION SDR 94 -0008 - BANK OF AMERICA /VIPS PAGE 6 • • other mechanism to improve the base facility of SW Greenburg Road between SW Hall Boulevard and State Highway 217. 3. Provide a one -foot non - access reserve strip along SW Greenburg Road frontage, except at approved access points. NOTE: Washington County Survey Division (Jamil Kamawal, 693 -4543) will send the required forms to the applicant's representative. II. PRIOR TO OCCUPANCY The road improvements required by conditions I.A.3. above shall be completed and accepted by Washington County. Northwest Natural Gas and Portland General Electric have reviewed this application and have offered no comments or objections. SECTION III. ANALYSIS AND CONCLUSION A. COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Use Classification: The applicant has indicated that the proposed use of this site is for itinerant lodging with breakfast service. Section 18.64 allows itinerant lodging within the Commercial Professional zoning district as long as a restaurant use is provided in conjunction with the lodging use. The applicant has proposed to provide continental breakfast service to guests in compliance with the restaurant service requirement. Minimum Lot Area: Section 18.62.050 states that there is a 6,000 square foot minimum lot area for parcels in the Commercial Professional zone. The average lot width of each parcel in the Commercial Professional zone is 50 feet. The site will be reconfigured as one parcel through a lot consolidation action. As a consolidated parcel the property is 37,402 square feet and a width of 176 feet which complies with lot area requirements. Development proposals within this zoning district may not exceed 85% of the site with buildings and hard surfaces. The site plan indicates that 81% of the site will be developed with impervious surfaces such as structures and parking lot areas which complies with the requirement. A minimum of 15% of the site must be landscaped. The applicant has provided 19% of the site with landscaping in compliance with this requirement. NOTICE OF DECISION SDR 94 -0008 - BANK OF AMERICA /VIPS PAGE 7 III • Setbacks: Section 18.64 does not require building setbacks except where a property abuts a residentially zoned parcel. The Development Code also requires that applicable areas of each site comply with line of site distances for structures at the site entrance to the street. The site improvements as proposed comply with line of site distance regulations at the sites driveway onto SW Locust Street. Structures must also comply with the Special Setbacks set forth in Section 18.96 which is 30 feet from the centerline of SW Greenburg Road. The applicant has 97 feet of setback from the centerline of SW Greenburg to the edge of the proposed structure. Section 18.100 requires buffer areas for commercial uses which abut existing residential uses. Because this parcel is surrounded on three and a half sides by other properties which are developed with commercial uses a buffer area is required only along a portions of the northern property line which abuts an existing single family residence. Condition of Approval #8 requires that the site and landscape plan be amended to provide either an additional five feet of buffer area within the northeast corner of the property in compliance with the basic buffering requirement. The applicant may also amend the site plan and landscape plan to provide additional screening materials within the reduced 15 foot buffer area currently shown on the site plan. Through either design the applicant shall modify the site plan to delete parking and drive aisle uses within the 15 buffer area. Building Height. Section 18.62 states that no building shall exceed a height of 45 feet. The architectural elevations for the structure do not exceed a height of 39 feet. Minimum Off - Street Parking: Section 18.106 requires one parking space for each motel suite plus one for every two employees. Based on the proposed floor plan 57 parking spaces are required. The site plan currently provides 59 parking spaces in compliance with the requirement. Bicycle Parking: Section 18.106 requires one bicycle rack for each 15 vehicle parking spaces in any development. A minimum of 59 parking spaces are required for this proposal four bicycle racks have been provided in compliance with this requirement. Access, Egress and Circulation: Section 18.108 requires commercial development with 99 or less required parking spaces to provide a minimum access width of 30 feet and a minimum pavement width of 24 feet. The site plan complies with this requirement through a driveway located at the NOTICE OF DECISION SDR 94 -0008 - BANK OF AMERICA /VIPS PAGE 8 III III Code requires a minimum of one tree for every seven parking spaces. The landscape plan currently provides nine trees which provides one tree for each six and a half parking spaces. A variety of shrubs, ground cover are also required to comply with Development Code criteria for landscaped areas. Signs. Section 18.114 lists the type of allowable signs and sign area permitted in the General Commercial zone. Precise signage plans for this site shall be reviewed by the Planning Division through the sign permit process. SECTION IV. PROCEDURE 1. Notice: Notice was published in the newspaper, posted at City Hall and mailed to: XX The applicant and owners XX Owners of record within the required distance XX The affected Citizen Involvement Team Facilitator XX Affected government agencies 2. Final Decision: THE DECISION SHALL BE FINAL ON ‘ 2 g i UNLESS AN APPEAL IS FILED. 3. Appeal: Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.370 of the Community Development Code which provides that a written appeal must be filed with the City Recorder within 10 days after notice is given and sent. Appeal fee schedule and forms are available at Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon. The deadline for filing of an appeal is 3:30 p.m. 6/ 27/9-/ 4. Questions: If you have questions, please contact the Planning Division at 639 -4171, City of Tigard, City Hall, 13125 SW Hall Blvd., Tigard, Oregon. ' dle't r /.'' 0 7/qj PREPARED BY: Mark Roberts DATE Assistant Planner ■ _ ' - X79"4- APPRO D BY: Dick Bewersdorff DAT Senior Planne NOTICE OF DECISION SDR 94 -0008 - BANK OF AMERICA /VIPS PAGE 10 r • s - 1 - 1 - 1 - 1 ) 1.1_1 L._. ■ BORDERS _ I _ 44 . 1111111111 -- LENMANN l ( ll 111, 1 1 1 H - 7-1 o M.. IIP i ' I W CORAL Q I L--1 -_ LOCUST 8T l IINIIIIIII a MAPLELEAF ST W ` MI 1 Q. i ilir ■Ii iiillial■ ; Age 4 0 4 i 0 LII p u4 i in - - - - - - - - - - - - ----- _ SHADY LN I ›- -, /-4:::: 1 1I `"--- F 0 PLOT PLAN CASE NO. __. SITE DEVELOPMENT REVIEW EXHIBIT M A P #94 -0008 1 s 4 ? -1 — f1'± BptcATloN ^^ K ti _ :?'-� •. *!..91 :Ige.g4!;.:' •!! ''r : ,y=,.., ?1 °= Z'Ir,, t •t2>":_ :01, .— " a " •' `,�� .1 ' ' . _ '.., , , 21 a ._ :. ib.' „. 1 . lta i • : �,Ho . • �i .e; I.. I I �_ - Eye �I iiil� �� , ,,�:C i ' >, ` 'i:, _G :w •! .��w ,�, ter `,. / J���ri /i •C gam. + •'I .���`� Q .. ^� If "p - I 1 i • ` _ ,� •' vI, ti• Y •�. • , C.' " n' •'''� � t o Y.ti c I p / y' ,y • "" ca RS"L 1 'idsF �, , • :: y r •/.. ; ,• • . CC f. � � ab ,, i. ∎ I ry e5.. :Cad —c .4L' •!' ' ,, ' •a't .. • .._ ;y f -:J ; - ; • . I I L.' r.teir�,,' ",45 ..:{y.,+ L , h. .n1aa� ;�•Y ,H _ e.° >'� -_ „S " - e 1 . :!' S ti; l• `!, y `8 ' ; IAI •/ i ` . M 'Oy!I:e4 t, 66 5.'• '•4�R,ts"+..g r, <. ' • 1 �, ' 4... PgM3i _'. ®I®IVAIIrgr : giR { � l t ',,f . r r.,,..:,.�•,., , ' .ice ,'. r. i !��51iT... .'...:kir..a ° ' 7 , \ M :::Y7r; ctm. • , , -i L.1 -iSli_ - ��dC• lttiE Cflall >�k':.iAG "k " O SW LOCUST STREET 0 VICINITY CASE NO. • •_ -- SITE DEVELOPMENT REVIEW EXHIBIT MAP X94 -0008 _ . .. , .. . - E1 h b► -F S 1S135BA -00102 411 1S126C0 111 FRINGE LAND ORE LTD 9585 SW WASHINGTON SO RD PO BOX 21545 SEATTLE WA 98111 ' - • 1S135AB -04400 1S135AB -04500 SF OREGON CO, LTD SF OREGON CO, LTD - BY MELVIN MARK BROKERAGE CO BY MELVIN MARK BROKERAGE CO 10220 SW GREENBURG ROAD 10220 SW GREENBURG ROAD { SUITE 150 SUITE 150 PORTLAND OR 97223 PORTLAND OR 97223 1S135AB -04600 1S126DC -04400 • SF OREGON CO, LTD - MARTIN, ROBERT CLARE BY MELVIN MARK BROKERAGE CO THELMA M 1 10220 SW GREENBURG ROAD 7119 SW TAYLORS FERRY RD SUITE 150 PORTLAND OR 97223 PORTLAND OR 97223 ;' 1S126DC -04500 1S126DC -04600 ' _DRINKARD, LILLIAN BOIVIN, CARLA S ~ 9520 SW CORAL 9990 SW GREENBURG RD PORTLAND OR 97223 TIGARD OR 97223 1S126DC -04601 - 1S126DC -04602 PROGRESS GRAPHICS INC BOIVIN, CARLA S 9970 SW GREENBURG RD 9990 SW GREENBURG RD TIGARD OR 97223 TIGARD OR 97223 1S126DC -04700 1S126DC -04701 SEAFIRST CORP SEAFIRST CORP BY BANK OF AMERICA OREGON BY BANK OF AMERICA OREGON N CORPORATE RE CORPORATE RE PO BOX 6400 -UNIT 12814 PO BOX 6400 -UNIT 12814 PORTLAND _ OR 97228 PORTLAND OR 97228 1S126DC -04800 1S126DC -04801 MILLER, BRUCE H AND MILLER, BRUCE H MATHESON, ROBERT T AND MATHESON, ROBERT T BAKER, DIANE R BAKER, DIANE R 9495 SW LOCUST 9495 SW LOCUST ST PORTLAND OR 97223 PORTLAND OR 97223 1S126DC -04900 ����r nv iirr �.Ttvz BBH INVESTMENTS OOeAO— OQaSI2t 9445 SW LOCUST ZTh3MT23ViII H88 TIGARD OR 97223 T2U00.I W2 Cl�e £ssCe HO QAAO ?T • BANK OF AMERICA 315 MONTGOMERY SAN FRANCISCO CA 94101 - STEVEN JOHNSON VIPS INDUSTRIES INC 280 SE LIBERTY ST SALEM OR 97301 4 . . - 11° 40 - - - AFFIDAVIT OF MAILING STATE OF OREGON ) County of Washington ) ss. City of Tigard ) II I, MAa- k� GbevJs , being first duly sworn /affirm, on oath depose and say: (Please print) That I am a AS54P /4EVI il ei.- for The City of Tigard, Oregon. That I served NOTICE OF PUBLIC HEARING FOR: . That I served NOTICE OF DECISION FOR: V City of Tigard Planning Director Tigard Planning Commission Tigard Hearings Officer Tigard City Council A copy (Public Hearing Notice /Notice of Decision) of which is attached (Marked Exhibit "A ") was mailed to each named persons at the address shown on the attached list marked exhibit "B" on the ► day of Tuvi -e. 19 ( 4 4 -/ , said notice NOTICE OF DECISION as hereto attached, was posted on an appropriate bulletin board on the L7 day of `ru,,,.e , 19q44 ; and deposited in the United States Mail on the (7 day of j uirP , 19 CH , postage prepaid. V V 1 Qfr 0 6.0✓4S ,� / ' Prepared Notice K Sub 1, ibed and sworn /affirm to me on the O day of , 19 1.4.■ )# L } NOTARY PUBLIC OF ••� (, r: OFFICIAL SEAL a My Commiss ion E : res : EPA. JELDERKS ,, M TARP PUBLIC -OREGON ���,�® COMMISSION NO.008977 MY COMMISSION EXPIRES SEPT. 7, 7995{ • A Only oF tom, OnsoN . • . • • IgagragiganalWAILUMME an OP Tom, 1:113 IV Sail, ro los 23397 lizard, Or too 9722.E - (303) 6394271 , OHO iTAlr on OK ass 'o, T•�JQ L I --Q00B' � w• • oIBZI Coil iffl' $ r SD a 66,16 R =#I!T xo. 1660 APPLICkTion mat lit ?yLr �,!/,� WM ..,y4 1 . .Lppiioattoa summ subs!, ;t.a: POP ?Y. AnvL $ /LOCATIow (x) A,ppliastios font (l•) *`r'S" S+ . Q .t'Y" ) Owner's aL ;uaturetwritt.a 'MT MAP /WO FAX LOT N0. tutborisatiot : ° 4 ' 11 ""c ' ■ - 0• • III 'ILO) Title Mulder instrusint (1) 5171 8I55 0 S A) L$ssssor' a asp (1) POOPS/LT! 001111 0)110 50=1.4 flat plait (prrapp checklist) LbtitSSS jachtefi moms 1( - VI ll : 4F &pputeent'•s stat.meat ' c daz a CA�� IP zz y a I �„�. (Prraap chonitiimt) AP PLI OArre a t ' � .� � 'N �- 'O ) r a C) Li a fir 5. Mu as 3 ire v fm .1614 _. O?,_,,,L ZIP.. 4I jL__ .Piliar !w ($ 623 ) Minato Inikom peoples r the aO01l�t us itUfarset ' • . _.` (I) Dort 01 I es the Heat"1s•.:t :pursh astac»af': rd. , 9 k61 l' M I1O with written see r;aattec' t , w,d,,y. , le .,. � ins tba seir. oz a* spat ;.a2: !h. saner -rjih r attap , � � � p�^a`F r '�4st �e�z� s aotboY5atioa. The .v*(.) srrat a*s Ws ' . . • a /4.444.,2-0, ' 04a9/� f r *ppl�tioo is die s BPS* Provided 04 Ma }moo o ti, SI V A •,.• "" I. off DIAolans iit • tattoo. aatborleatjoa 11th this appl1aadaa: t • ; .• f' 0001P. PI.Ax istiasesions L ' R of tits iC 1 4• �. ..r , L � •.� ..• - .•Mm... ails. +opsrsat. coviev appav1, to 1 ' 1.' : . .14.0. Xdlaber t'9. j • j ' �, . '. r . Z4Vil Date I. .. (VP' i • t. } � , .,.W .r4 r ;: , r j , ap�proral D • ,i �S .aOit�aj ' "24P/13, ' ' SOS 4.11414 M • • AI ilia* ,rw� , I 1 • . .. ' • • • 4/ 4111 3, t►t.t any Variant*, soaditievel use, •sesitt.g toad*, or otbar iced vas action, to be coasidared as pert of this applicationt r s lk 4. £ppitcdntst To have a complete application you MILL nand to aabait attech ants .ie•srzbid la the attached tufereatioo obese at the time you auhait this application. 5. NI APPLICANT(1) SMALL aturtrx Tali As t be re •dart does ant riolata a deed r tittles that _ • . d • :. let set •ro•ere . te if the •ppltcacioa to greeted, the applicant viii .tisrciaa tits mint, sraatod is e►Raordance with the terse and ambient to *11 the atioditian• aad ltaitatioa of the approval. C. Llt of tna abaro sta mbit%to and the 4tatsu.nts I tits plot plan, oct.Cbaeatsl aid =knits Lraarrtctad herewith, are true; and the applicaste oo echo rledaa that any permit• touted, based oa tills atpiia•tten. may be revoked it it to found that any much itatsisutl ace [ells• • D. roe applicant ba• read tbs. salts cootanta of the appUcatioa iacludiog the pelletal) and crltacia, and urd.ratands tit• requirements for approvin g . at daayLod the apptia•cioa. . . . 1 .. . iAZaD this .... r , day of 1 L. ............. , i! ftaKA*tsma of ma eater (sp. husband and vile) of. the subject property... . . • , 0 411 44 t ;' ^• :... Q ■ CSR. dW • .., ; - • • 1 t . . ; ty. • :r . :ate .. -. Y ;.•... .... • �‘ . . 1 . I • . . '}• • •''"fit'.. �.. '.. tit"• ' • .: l:i i : ..3: � • 1 1. . Y.. •.L../ • . • 7ir' .•..fir j :T i.S 4 ii!i ra. � 4 .:r1G '. 1, � 4'Q � f! _ ' � • I 1 � . � : %A.+ +t fi•• • ! I. • - - : . • r • aTw i ` . ... � � R A c � 1 1` .) c ar .�.f � h 1„, ;t , l ..0. 1•s: !' , f u • . ♦ �: . ► 1 ; •.'A ?d1 t�'S sill L•% t.. ` • ` . • wia�a'C:»:. :', . Q'. .7�;. '� • i • '' . ...:.:41_... , � . . 1. '..k • ( •tpm/OSl4i) " i d: .. vvi • • , • • • 'kg _ j . : _. INDUSTRIES, INC. • RECEIVED PLANNING • March 4, 1994 ` MAR 4 1 994 Will D'Andrea Assistant Planner Planning Dept. City of Tigard P.O. Box 23397 Tigard, OR 97223 Re: Phoenix Inn Project Northeast•Corner of Locust and Greenburg Tigard, Oregon Dear Will: This will confirm that we have set a pre - application conference for 9:00 a.m. in your offices on Thursday, March 10, 1994. Per your request, enclosed herein please find two copies of the site plan for the above referenced project generated by our architect, Charles C. Nagel. As you also requested, let me set out below a brief narrative description of the project for the advance information of those that will .be attending the pre - application conference next Thursday. If after reviewing any of this information you need something further in order to be prepared for the pre - application conference, please feel free to give me a call by phone. In summary, the property and project are as follows: 1. Property: 37,400 square feet of unimproved land, legally known as Lot 5, Block C, Lehmann Acres Tract, more commonly known, as the northeast corner of Locust Street and Greenburg Road. The property is located immediately north of the Lincoln Center, and immediately east of Washington Square Two. The topography of the property slopes gradually upward from the south .side of the site up to a high point on the north side of the'site. The Locust Street frontage is improved with curb, while the Greenburg Road frontage is improved with both sidewalk and.curb. The property adjacent to the east is a commercial office building. The property adjacent to the north appears to be both commercial and residential. An old home at one end has been converted to an office use, while an older ranch style home at the other end appears to remain in residential use as a rental. Greenburg Road runs the length of the western .property line, while Locust Street runs the length of the south property line. 280 Liberty St. S.E. ° P.O. Box 2508 0 Salem, Oregon 97308 -2508 1b1ephone 503 - 585 -6221 0 FAX 503 - 362 -0798 • • Page 2 Will D'Andrea City of Tigard March 4,• 1994 • 2. Project: The project is currently proposed as a 58 unit modified suites, limited service motel. There will be 58 rooms, together with common area including office /lobby, indoor swimming .pool, meeting room and continental breakfast room. There will be no public food service, although a complimentary continental breakfast is provided each morning to motel guests. The building improvements will be three story and of wood frame construction. The building will be sprinklered. The roof will be either concrete tile or composition. . Exterior materials will be a • combination of dryvit, brick, masonite siding and /or vinyl siding. Because of the small parcel size, parking opportunities will have to be maximized. The design calls for parking on the ground level with dwelling units decked over at the two wings to the building. I there are other questions or comments that need to be addressed before our pre — application conference on Thursday, please don't hesitate to call. Thank you. truly yo rs, S V. John President SVJ /db • Enc. • • • • r Name of applicant VIP'S. Industries, Inc. Subject Property: Tax Map and Lot # 1S1 26 DC - Tax Lots 4700 and 4701 Address or General Location Northeast corner of Locust and Greenburg, Tigard, Oregon AFFIDAVIT OF POSTING NOTICE 4 Steven V. Johnson , do affirm that I am (represent) the party initiating interest in a proposed hotel development affecting the land located at NE corner of Locust and Greenburg, Tigard, OR, and did on the 17th day of March , 19 94 personally post notice indicating that the site may be proposed for a site development review application, and the time, date and place of a neighborhood meeting to discuss the proposal The sign was posted Zit< on a tree facing SW Locust Street on Lot 4700. (state location on property) This 17th day of March - 19 94 C\ VO):A42 , - , ■ciCL Signature - Subscribed and swom to, affirmed, before me this / 4 day of )1 , 19 �' OFFICIAL SEAL _44:/ ►(2 1 DIANE BEYER r NOTARY PUBLIC - OREGON Notary Public for the Staten Oregon COMMISSION N0,009864 4 My Commission Expires: )O MY COMMISSION EXPIRES OCT. 15, 1995 ' WITHIN SEVEN (7) CALENDAR DAYS OF THE SIGN POSTING, RETURN THIS AFFIDAVIT TO: • City of Tigard Planning Division . 13125 SW Hall Blvd. Tigard, OR 97223 .. logirNapostnoccit RECEIVED V77 APR 2 8 1994 .r':.. .->t INDUSTRIES, INC. April 26, 1994 - - - �Giviift[fi�Ti cuc h F � Victor Adonri City of Tigard Development Assistant Planner Community Development Department 13125 S.W. Hall Blvd. Tigard, Oregon 97223 • Re: SITE DEVELOPMENT REVIEW APPLICATION #SDR94 -0008 PHOENIX INN MOTEL PROJECT 9575 S.W. LOCUST TIGARD, OREGON APPLICANTS NARRATIVE DESCRIPTION OF PROJECT Dear Victor: Per our discussion at the time of my filing of our Site Development Review Application yesterday, please consider this correspondence our narrative description of the proposed development. The proposed project is a 56 unit limited service modified suites Phoenix Inn motel. The site consists of 37,402'square feet of vacant land located at the northeast corner of Locust Street & Greenburg Road in the Washington Square District of Tigard, Oregon, more particularly described as 9575 S.W. Locust, and legally described as 1S126DC —Tax Lots 4700 & 4701. The planned improvements consist of a high quality three story wood frame constructed motel facility with interior corridors. Amenities include lobby, exercise room, meeting rooms, breakfast room and indoor pool. All guest rooms will be of approximately 12'x 30' dimensions with suite —like amenities including microwave, refrigerator, desk and loveseat in each. The building will be sprinklered. All parking will be provided on site at street level. • We have recently completed construction of a sister property at I -5 and Highway 217 in Lake Oswego, Oregon. For ease of reference, we might refer you and your staff to simply take a look at that property to get a good feel for what it is that is proposed in this development at the subject site. Anything further, please advise. • Thank you. ulypur , Steven V. Johnson President SVJ /jv 280 Liberty St. S.E. ° P.O. Box 2508 ° Salem, Oregon 97308 -2508 Telephone 503- 585 -6221 ° FAX 503 - 362 -0798 AFR- 26 -'94 TUE 12:10 IND. INC. TEL N0:503- 5 -6221 4710 P01 VIPS INDUSTRIES I NC. FAX TRANSMISSION COVER SHEET DATE: April 26, 1994 TIME: 1:15 p.m. TOTAL PAGES: 2 (Ino sump th(a One). 16 you do not iaoeive atL Me popes, p(eaee tetepAone the adore Won 47'044164.) • ATTENTION: victor Adonri COMNAN"; City of Tigard FAX NO: (503)684 -7297 PROMS Steven V. Johnson TYTLE: President QUESTIONS AND /OR PROBLEMS: CALL Julie AT (503) 585 -6221. COMMENTS: The original will follow by mail. • Thle meaeage i6 intended 604 the use o6 the indi u iduat o entity to which tt • ttanen►ttted and may contain in6o+anwtion that te pttvtteged and con6identiat. If the ieadr4 06 CM6 oomfivwication i6 not the intende4 fecipient. you sae hrledy nagged that any diaearnination, diet4tioution of copying o6 this oommwr(cation etticil ptehtitted. you have acce4ved this com uutication tR anno►, Ocoee not 40 ue immediately iy telephone and deetAoy the oeLg(xot conununieation. 280 Liberty St. S.E. • P.O. Box 2508 • Salem, Oregon 97308 -2508 Telephone 503 -585 -6221 • FAX 503 -362 -0798 _.._ — ...__ .._ APR -26 -' 94 TUE 12:10 1 : V I PS IND. INC. TEL N0: 503 -6-6221 #710 P02 , VIPS INDUSTRIES, INC. April 26, 1994 • Victor Monri . City of Tigard Devlopment Assistant Planner Community Development Department 13125 S.W. Han Blvd. Tigard, Oregon 97223 • • Re: SITE DEVELOPMENT REVIEW APPLICATION #SDR94-000S PHOENIX INN MOTEL PROJECT 9575 S.W. LOCUST TIGARD, OREGON APPLICANTS NARRATIVE DESCRIPTION OF PROJECT • Dear Victor: . Per our discussion at the time of my filing of our Site Development Review Application yesterday, please consider this correspondence our narrative description of the proposed development, The proposed project is a 56 unit limited service modified suites Phoenix Inn motel. • The site consists of 37,402 square feet of vacant land located at the northeast corner of Locust Street & Greenburg Road in the Washington Square District of Tigard, Oregon, more particularly described as 9575 S.W. Locust, and legally described as 1S126DC-Tax Lots 4700 & 4701. The planned improvements consist of a high quality three story wood frame constructed motel facility with interior corridors. Amenities include Lobby, exercise room, meeting rooms, breakfast room and indoor pool. All guest rooms will be of • approximately 12'x 30' dimensions with suite -like amenities including microwave, refrigerator, desk and loveseat in each. The building will be sprinklered. All parking will be provided on site at street level. • We have recently completed construction of a sister property at I -5 and Highway 217 in Lake Oswego, Oregon. For ease of reference, we might refer you and your staff to simply take a look at that property to get a good feel for what it is that is proposed in this development at the subject site. Anything further, please advise. • Thank you. . ly y • ur Steven V. Johnson President • • SVJ /jv 280 Liberty St. S.E. • P.O. Box 2508 • Salem, Oregon 97308 -2508 MAY- 09 -'94 MON 13:47 :YIPS IND. INC. TEL NO :503 -�- 6221 „ „ #B16 P01 • RECEIVED vir SAY ® 9 1994 ihj INDUSTRIES, INC. , , . COMMUNITY DEVELOPMt FAX TRANSMISSION COVER SHEET DATE; •S' TIME :.: '' TOTAL PACES: 3 (Ina(+dtft• t 6 one). 1� y ou do not +tece4ue sit the page, please teisphone the 41Oue Own inunadiatety.) ATTENTION: 1 4 %.\‘. ?■Secolt . COMPANY; CAT or g FAX NO; Si3 - t: eV 7? FROM: 1 ” -ue- TrTLE: QUESTIONS AND /OR PROBLEMS: CAt1A AT (503) 585 -6227. COMMENTS: & 44 9 Y — G100 ` , RPP — t c, o�. . , locp , C4 Cb off- ' tee.. s u _ t% .09..Zer4\Z- WIXX3 0 WIC12, 04.11((01 N c 04/\ aw4 NO /VAN 0 C�v eAJNICt tea r Ck . • \ ad\Oka k te• srA TAGS meauge tb intended iot the IOC 06 the 4dividuat of entity to wMolti it 44 ttanerrtiitted and may contain int oU cation that is p is.'Ue. ed and ooh64denttat. 1 the 4eade4 06 tht6 communication vs not the inwuhut 4p(.ent. you ane heAe6y not4ied that any dibbeirti(natton. diotM6utton 04 copying o6 tAia communication 46 6tiotly pwhil•ited. I6 you have 'cci(ued this mmununication to own, p(eaae nag* ua immediately tU telephone and de6c4oy the **Asa communication. 280 Liberty St, S.E. • PA. Box 2508 • Salem, Oregon 97308 -2508 hleohone 503 - 585 -6221 • FAX 503- 362 -0798 - MAY' MON 13:48 YIPS IND. INC. TEL NO:503 -55 -6221 1816 P02 . • i ai 1, t., •el 9 Gd.S' f T 36 8796 " .p . 02 : I I'SS QCJA T ED ANSPORTATION `r:. fa GIATERIN G &' WP , A1�T NIN G ATEP) (508) 806 -923e WS) 743-44111 May 9, 1994 Mr. Steven Johnson VIP'S Industries, !no. 280 Liberty Street S.E. • Salem, OR 97308 -2508 . . RE: Tigard, Phoenix Inn Traffic Analysis Dear Stave: As 1 indicated to you last week, the proposed location of the Tigard Phoenix Inn has been included In the traffic report' supplied by the City of Tigard. In the Parametrix, Inc. report this site was included in both the 50 - 60% Development and the 80.90% Development scenarios. The site was described as Map Key "Gi and is listed as land use Office Commercial. The PM Peek Trip Ends listed indicate that this site for the purposes of the Parametrix traffic report would generate 99 trip ends in and 107 trip ends out for a total of 206 trips during the pm peak hour. The Phoenix Inn would generate a total of 34 trips during the same pm peak hour. This indicates that the Paramextrix report greatly overestimates the trip ends generated by this site and the analysis in the report should be considered a 'Worst Case" and the construction of HalUGreenburg/Scholis Area Traffic Needs Study, January, 1994, by Parametrix, Inc. 2 HaWGreenburg/Scholls Area Traffic Needs Study, January, 1994, by Parametrix, Inc., Flgures 23, and 24, Tables 9 ana 10, pages IY =B through IV -9. 3 HaIb reenbura/6cholIs Area Traffic Needs Study, January, 1994, by Parametrix, Inc., Fgures 23, and 24, Tablas 9 and 10, pages IV4 through IV -9. • • • 4040 DOUGLAS WAY LAKE OSWEGO, OR 97035 (503) 8364232 P.O, BOX 13185 SALEM, OR 97309 (503) 743 - 4491. • MAY- 09 -'94 MON 13:49 DIPS IND. INC. TEL N0:503 -4 -6221 #B16 P03 ' '" Tigard Phoenix Inn May,9; 1984. Page 2 the Phoenix Inn would not impact the surrounding Intersections listed in the Parametrix report. In review of the proposed site plan, I approve of the site driveway location since it is as far east of Greenburg Road as possible and should not conflict with either of the existing travel lanes at the Locust and Greenburg Road Intersection. Hopefully this will suffice for the City of Tigard Planning Department as a review of the traffic impact of the proposed Phoenix Inn development. If you have any questions, please call me at 743 - 4491. • Sincerely, ASSOCIATED TRANSPORTA = ENGINEERING & PLANNING, (ATEP) Richard L. Woelk P. E., T. E Principal • • • • 411 • PLACE UNDER CITY OF TIGARD LOGO SITE DEVELOPMENT REVIEW SDR 94 -0008 VIPS /BANK OF AMERICA LOCATION: 9575 SW Locust Avenue (WCTM 1S1 26DC, tax lots 4700 and 4701). The Director has approved, subject to conditions, a 56 unit motel with morning breakfast service. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.64, 18.96, 18.100, 18.102, 18.106, 18.108, 18.114, 18.120, 18.150, and 18.164. ZONE: C -P (Professional Commercial) The C -P zoning district permits a range of professional and personal services. The zone allows transient lodging and restaurant facilities. The adopted finding of facts, decision, and statement of conditions can be obtained from the Planning Department, Tigard Civic Center, 13125 SW Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223. The decision shall be final on . Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.370 of the Community Development Code, which provides that a written appeal may be filed within 10 days after notice is given and sent. The deadline for filing of an appeal is 3:30 PM TT PUBLISH ,. • • • AFFIDAVIT OF MAILING STATE OF OREGON ) ) SS . CITY OF TIGARD ) • I, William P. Colton , being duly sworn, depose and say that on March 17 , 19 94 ,1 caused to have mailed to each of the persons on the attached fist a notice of a meeting to discuss a proposed development at the Northeast corner of Locust and Greenburg , Tigard, OR , a copy of which notice so mailed is attached hereto and made a part of hereof. I further state that said notices were enclosed in envelopes plainly addressed to said persons and were deposited on the date indicated above in the United States Post Office at Salem, Oregon , with postage prepaid thereon. • - Signature , / Subscribed and sworn to before me this /'day of YYt . 19 . • ��: /_ � + , , OFFICIAL SEAL f ,t. OIX. Aej.e r Notary • u • lic r r r NO f My Commission Expires: /O/. < /q� f i , � COMMISSION NO.009864 6 f MY COMMISSION EXPIRES OCT. 15. 1995 f h: \login\to \afimal.at - • • • VIPS INDUSTRIES, INC. March 17 1994 James Liebe Watson v Joel Stevens , 5440 SW Westgate Dr. #222 4 � p East CIT • Portland, OR 97221 I 9660 SW Ventura Court Tigard, OR 97223 Re: Application Name: IP'S Industries, Inc. Dear Interested Party: (Parcel #: 1S1 26DC 3300): VIP'S Industries, Inc. is representing the owner of the property located at 9575 SW Locust Street, Tigard, Oregon (NE corner of intersection of Locust and Greenburg - tax lots 4700 and 4701). We are considering proposing a hotel at this location. Prior to applying to the City of Tigard for the necessary permits, I would like to discuss the proposal in more detail with the surrounding property owners and residents. You are invited to attend a meeting on: Wednesday, April 6, 1994 at 7:00 p.m. Town Hall Room Tigard City Hall 13125 SW Hall Blvd. Tigard, Oregon Please note this will be an informational meeting on preliminary plans. These plans may be altered prior to the submittal of the application to the City. I look forward to more specifically discussing the proposal with you. Please call me at (503) 241 -0221 if you have any questions. Very truly yours, Steven V. Johnson President SVJ /db 280 Liberty St. S.E. • P.O. Box 2508 • Salem, Oregon 97308 -2508 Telephone 503 -585 -6221 • FAX 503 - 362 -0798 • • FIST OF ADDRESSES Addressee Parcel # James Liebe Watson 1S1 26DC 3300 5440 SW Westgate Dr. #222 Portland, OR 97221 Robert Clare & Thelma M. Martin 1S1 26DC 4400 7119 SW Taylors Ferry Rd. Portland, OR 97223 Lillian Drinkard 1S1 26DC 4500 9520 SW Coral St. Portland, OR 97223 Carla S. Boivin 1S1 26DC 4600 9990 SW Greenburg Rd. 1S1 26DC 4602 Tigard, OR 97223 Progress Graphics Inc. 1S1 26DC 4601 9970 SW Greenburg Rd. Tigard, OR 97223 Bruce H. Miller 1S1 26DC 4800 Robert T. Matheson 1S1 26DC 4801 9495 SW Locust St. Portland, OR 97223 BBH Investments 1S1 26DC 4900 9445 SW Locust St. Tigard, OR 97223 SF Oregon Co. Ltd. 1S1 35AB 4400 10220 SW Greenburg Rd. #15 1S1 35AB 4500 Portland, OR 97223 1S1 35AB 4600 1S1 35AB 900 Fringe Land Ore. Ltd. 1S1 35BA 102 PO Box 21545 Seattle, WA 98111 Crescent Grove Cemetery Assoc 1S1 26C0 1900 PO Box 23591 Tigard, OR 97281 Crescent Grove Cemetery Assoc. 1S1 26C0 1900 9925 SW Greenburg Rd. Tigard, OR 97223 Joel Stevens East CIT 9660 SW Ventura Court Tigard, OR 97223 • • , • 1 . . S PY F1LE Staff 1 A I mA Date 3-0-54 CITY OF TIGARD OOM1UNITY DEVELOPMENT DEPARTMENT APPLICATION CHECKLIST The items on the checklist below are required for the successful completion of your application submission requirements. This checklist identifies what is required to be submitted with your application. This sheet MUST be brought and submitted with all other materials at the time you submit your • application. See your application for further explanation of these items or call Planning at 639 -4171. ITEMS TO BE BASIC MATERIALS INCLUDED: A) Application form (1 copy) [ ed ✓'8) Owner's signature /written authorization C . .... -.. 4---- Title transfer instrument ,f) Assessor's .map E) Plot or site plan Ea'' F) Applicant's statement [ (H) Filing fee ($ Sia..Q. -_� c. da1,tZ • SPECIFIC MATERIALS A) . Site Information showing (No. of copies /8 ): [ 1) Vicinity Map - [k.} • 2) Site size & dimensions • E . 3) Contour lines (2 ft at 0-10% or 5 ft for grades , 10%) [ ] 4) Drainage patterns, courses, and ponds [ ] . 5) Locations of natural hazard areas including: a) Floodplain areas [ ] b) Slopes in excess of 25% [ ] c) Unstable ground [ 3 d) Areas with high seasonal water table [ ] e) Areas with severe soil erosion potential [ 3 f) Areas having severely weak foundation soils [ ] 6) Location of resource areas as shown on the Comprehensive • Map inventory including: - a) Wildlife habitats [ 3 b) Wetlands [ 3 ..7) Other site features: . • a) Rock outcroppings . • - . [ Trees with 6` + caliper measured 4 feet from ground : level t r. _ ` r 8) Location of existing structures and their uses • [ 9) Location and type. of on and off -site noise sources [ ] . 10) Location of existing.:utilities• and easements [ v]� 11) Location of existing dedicated right -of - ways' • [{,]r - 8) Site Development Plan ' (No::'. of copies /r ); . ( . • • 1) The proposed :.site •and sisrrounding properties. - . [ 2) Contour line intervals : -T_ • . 3) The location, dimensions ad n names of all :'.' a) Existing_.& platted streets & other public ways and easements on.the site and on adjoining G properties - • . APPLICATION CHECKLIST - Page 1 b) Proposed streets or other public ways & easements on the site. [ ] c) Alternative routes of dead end or proposed streets that require future extension [ ] 4) The location and dimension of: a) Entrances and exits on the site [ �� b) Parking and circulation areas [ v] c) loading and services areas d) Pedestrian and bicycle circulation [,]--' e) Outdoor common areas, f) Above ground utilities [ �� 5) The location, dimensions b setback distances of all: a) Existing permanent structures, improvements, utilities and easements which are located on the site and on adjacent property within 25 feet of the site [ �Y b) Proposed structures, improvements, utilities and easements on the site 6) Storm drainage facilities and analysis of downstream conditions [ _ 7) Sanitary sewer facilities [ y 8) The location of areas to be landscaped 9) The location and type of outdoor lighting considering crime prevention techniques [v]' 10) The location of mailboxes [ ]f 11) The location of all structures and their orientation [`'S 12) Existing or proposed sewer reimbursement agreements [ ] C) Grading Plan (No. of copies 6 ) [ The site development plan shall include a grading plan at the same scale as the site analysis drawings and shall contain the following information: 1) The location and extent to which grading will take place indicating general contour lines, slope ratios and soil stabilization proposals, and time of year it is proposed to be done. [ .� 2) A statement from a registered engineer supported by data factual substantiating: - a) Subsurface exploration and geotechnical engineering report [ 3 b) The validity of sanitary sewer and storm drainage service proposals (4 c) That all problems will be mitigated and how they will be mitigated [ 3 O) Architectural Drawings (No.1 of copies 6 ):•• - The site development plan proposal shall include: . 1) . Floor plans indicating the square footage-of all structures proposed for use on -site; and. ( 2) Typical elevation drawings of each structure. . -. [ -• E) Landscape Plan (No. of copies / r ): The landscape plan shall be drawn at the scale of the . site analysis plan or a larger scale if necessary and shall indicate: 1) Description of the irrigation system where applicable [ 2) location and height of fences, buffers and screenings [ r APPLICATION CHECKLIST — Page 2 3) Location of terraces, decks, shelters, play areas and common open spaces [ ✓] 4) Location, type, size and species of existing and proposed plant materials. The landscape plan shall include a narrative which addresses: 1) Soil conditions. [ ) 2) Erosion control measures that will be used. F). Sign Drawings • Sign drawings shall be submitted in accordance with Chapter 18.114 of the Code as part of Site Development Review Jr l ~'- r prior to obtaining a Building Permit to construct the sign. (ir G) Traffic generation estimate jrq c S -1-ucj 10 t feet. [.,] H) Preliminary partition or lot line adjustment map showing (No. of Copies ): 1) The owner of the subject parcel [ ] • 2) The owner's authorized agent [ ] 3) The map scale, (20,50,100 or 200 feet =1), inch north arrow and date [ ] 4) Description of parcel location and boundaries [ ] 5) Location, width and names of streets, easements and other public ways within and adjacent to the parcel [ ] 6) Location of all permanent buildings on and within 25 feet of all property lines [ ] 7) Location and width of all water courses [ ] 8) Location of any trees with or greater caliper at 4 feet above ground level [ ] 9) All slopes greater than 25% [ ] 10) Location of existing utilities and utility easements [ ] 11) For major land partition which creates a public street: a) The proposed right-of-way location and width [ 3 b) A scaled cross - section of the proposed street ,plus any reserve strip [ ] 12) Any applicable deed restrictions [ 3 13) Evidence that land partition will not preclude efficient future land division where applicable [ ] I) Subdivision Preliminary, Plat Map and data showinq(No. of Copies ): 1) Scale equaling 30,50,100 or 200 feet to the inch and limited to one phase per sheet [ ] .2) The proposed name of the subdivision 3) Vicinity map showing property's relationship to arterial and collector streets - . [ ] . 4) Names, addresses and telephone of the owner developer, engineer, surveyer, designer, as applicable( ] _ 5) Date of application °,:= C 3 6) Boundary lines of tract to be-subdivided - [ ] 7) Names of adjacent.subdivision.or mines of recorded. . . • owners of adjoining parcels of unsubdivided land [ ] • 8). Contour lines related to=a City - established bench - . mark at 2 -foot intervals for 0-1O% grades greater t • • than 10% C APPLICATION CHECKLIST - Page 3 9) The purpose, location, type and size of all of the following (within and adjacent to the proposed subdivision): = [ 3 a) Public and private right -of -ways and easements [ ] b) Public and private sanitary and storm sewer lines [ ] c) Domestic water mains including fire hydrants [ ] d) Major power telephone transmission lines (50,000 volts or greater) [ ] e) Watercourses [ ] f) Deed reservations for parks. open space, pathways - and other land encumbrances [ ] 10) Approximate plan and profiles of proposed sanitary and • storm sewers with grades and pipe sizes indicated [ ] 11) Plan of the proposed water distribution system, showing pipe sizes and the location of valves and fire hydrants. [ ] 12) Approximate centerline profiles showing the finished grade of all streets including street extensions for a reasonable distance beyond the limits of the proposed subdivision. [ ] 13) Scaled cross sections of proposed street right -of -way; [ ] 14) The location of all areas subject to inundation or storm water overflow [ 3 15) Location, width and direction of flow of all water- courses and drainage ways [ ] 16) The proposed lot configurations, approx mate lot d;mensions and lot numbers. Where lots are to be used for purposes other than residential, it shall be indicated upon such lots [ ] 17) The location of all trees with a diameter 6 inches or greater measured at 4 feet above ground level, and the location of proposed tree plantings, if any [ ] 18) The existing uses•of the property, including the • location of all structures and the present uses of the structures, and a statement of which structures are to remain after platting [ ] 19) Supplemental information including: a) Proposed deed restrictions (if any) [ b) Proof of property ownership [ ] c) A proposed plan for provision of subdivision improvements • [ ] 20) Existing natural features including rock out croppings, wetlands and marsh areas. - [ ] • 1.1) If any of the foregoing information cannot practicably - be shown on the preliminary plat, it shall be incorporated into a narrative and submitted with the application. • ] 3) Other Information . [ 1 , • Soda, Accczs tImicW{o!rC . • � • (2362P/0028P) • . • APPLICATION CHECKLIST — Page 4 • ..... \cs‘t o<71.. / POTIFICATIOn LIby kOB ALL APPLICArIO Is ♦ Ci1. Q 4. 1. MO PO. / (?'f copies _ CPO NO. �'• OA 2. CITY DITAR2erni y 7 Z - building Official/Davi, S. _ Parks a aecreatian Board Police City Secordsr 1 Field Operations /ihrileD. MikF A • .7 P.r it. 7.cilit.toc/Vlola C. 3. SPECIAL DI2ieTs Fire District School Dist lo. 46 (Pick -op box) (Beaverton) Jot Pahl PO erne 200 Beaverton, OR 97075 D h - L -- Tigard Water �.,L Sebool Oast. 21J 6777 SW Burnham St. V (Tigard) Tigard, OR 97223 13137 SW Pacific eve. Tigard, OR 97223 �Taalatin Valley Water District 1Unified Sewerage Agency/SRN Program 6501 SW Tailors Perry Rd. 1/ 155 S. First St. Tigard, OR 97223 Hillsboro, OR 97124 4. £FEED JORISDIC3TOWS Wash. Co. Load Use 6 Tramp. Boundary Commission 150 B. First Ave. — 320 SW Start Boom 530 e111aboro, OR 97124 Portland, OR 97204 — areal Curtis _ Kevin Martin _ Kerma - CR>$SeaCIS PROGRAM mike BOEDINICCI Mai — Scott Ling 600 cream (CPA's/SQL's) . %rs+s. tom 41cveM l Portland, OR 97232 -2736 City of � J _ D1 (CPA's /101•s) 1175 Court St.. BE Ji S 7 - Principal Pl�r Salem, CO 97310 -0590 PO B.sysrtom, OR 97076 Other — City a at]' _ City of a 13300 SW 116th Po City 3 -3161 King City, OR 97224 Tigard, OR 97224 • Ci t � Oswego _ City of Portland 160 SW > Planning 12 Sthh rector Lek. Oswego, OR 97034 Portland, CR 97204 — Bob State Righway Divide _ OoOi - 90 eon 25412 9002 SK McLoughlin Blvd. Portland, OR 97225 -0412 Kilwskie, OR 97222 City of Tualatin PO Brnc 369 • T &1 t n, OR 97062 5. SPECIAL AC89C= 1lalaphme /Portland Cameral floc. PO Box 2i Office ian Moore OR 972813416 14655 Elf Old Fry. BY ard. Ratoral Gas J sea J 9.4 Minas Scott Palmer Karin 220 UV Second Ave. OR 97209 18 169t P1 6-6� t X Cahl.viaio. of Oregon Beaverton. 97006 -6686 Alike Hallos# VS West / 3500 SW Bond St. -- Pete Belson Portland. OR 97201 421 Sv Oak St. It Colombia Cale (Prank Spews) _ • POLt OR !7204 . 14200 p B'-gadoon Ct. 2ti-1Ist Transit Dew. Beaverton. OR 97005 Mm mot 6. sraa y 4012 a 17th Ave. Portland, Q 97202 Aasmantic. Div. MOT) - DOCAKI Oiviait poffp*t to Lands Commarce ! i 1fi 1d11(- It./. Was# • •-i - 01! POC • • Dept.. of Swims. Quality C --,... • , 7. 7 aL ACaC�1 _ _ Post Pffice�i a • S O — Soothers P.citie Transportation Company 600 111 6th Forney, _ 324, Union Station . Portland, Ca 97209 S: • l'Ii , ■ CITY OF TIGARD PRE- APPLICATION CONFERENCE NOTES NO RESIDENTIAL DEVELOPMENT / d DATE: MI3 / 14 1 !/ 9 4 1 4 STAFF: V 114 APPLICANT: 6 IX ),i#J PROTE AGENT: ST6V6r1 raNsoAi Phone: Phone: 585 - 60tolI PROPERTY LOCATION: Address: 9575 S. W LaCUST r ' R E r Tax Map & Tax Lot: /S/ 026 dC, /fix Lo7' 41-700 } 1 4-7o( NECESSARY APPLICATION(S): S lie b61)e1-.CRYn W T / 61/ /E4d r o /t ,4 1 L oa6mx r. • PROPOSAL DESCRIPTION: CONS %RIG % j* / ito oiGil SS CiAt/T /120761. COMPREHENSIVE PLAN DESIGNATION: P & F 6 S5 ( l'J /44_ C o AIM CJ Pd'_ ZONING DESIGNATION: C CITIZEN INVOLVEMENT TEAM EA 5 T CHAIRPERSON: 5O E L S l E U 645 PHONE: 02 9 3 ZONING DISTRICT DIMENSIONAL REQUIREMENTS Minimum lot size: OmO sq. ft. Minimum lot width: O ft. Setbacks: front 49' ft. side -' ft. rear er ft. garage JO- ft. corner .®- ft. from street. Maximum site coverage: $S % Minimum landscaped or natural vegetation area: /.5 % Maximum building height: � ft. ADDITIONAL LOT DIMENSIONAL REQUIREMENTS Minimum lot frontage: 25 feet unless lot is created through the minor land partition process. Lots created as part of a partition must have a minimum of - 15 feet of frontage or have a minimum 15 foot wide access easement. Maximum lot depth to width ratio of 2.5 to 1. SPECIAL SETBACKS o Streets: ' ! ft. from centerline of S • 61Z PC-108012,C a Established areas: 0 ft. from S•u • bUuST STq - r. Lower intensity zones: ft., along the site's boundary BUILDING HEIGHT PROVISIONS Building Height Exceptions (Code Section 18.98.020): Buildings located in a non- residential zone may be built to a height. of 75: feet provided: 1. A maximum FAR (building floor area to site area ratio) of 1.5 to 1 will exist; 2. All actual building setbacka will be at least 1/2 the building's height; and 3. The etructure will not abut a residential zone district. - Page 1 • • .---1L PARKING AND ACCESS S o9e- Required parking for this type of use: 0,46 S /AC 6 rR Ed 4/ R OOM SP AC E ,cf4 •C a EM L0/666 Secondary use required parking: --�. No more than 25% of required spaces may be designated and /or dimensioned as compact spaces. Parking stalls shall be dimensioned as follows: - Standard parking space dimensions: 9 ft. X 18 ft. - Compact parking space dimensions: 8.5 ft. X 15 ft. Disabled parking: All parking areas shall provide appropriately located and dimensioned disabled person parking spaces. The minimum number of disabled person parking spaces to be provided, as well as the parking stall dimensions, are mandated by the Americans with Disabilities Act (ADA). A handout is available upon request. A handicapped parking symbol shall be painted on the parking space surface and an appropriate sign shall be posted. Bicycle racks are required for civic, non - residential, commercial and industrial developments which provide 15 or more parking spaces. Bicycle racks shall be located in areas protected from automobile traffic and in convenient locations. Bicycle parking spaces shall be provided on the basis of one space for every 15 vehicular parking spaces. All driveways and parking areas, except for some fleet storage areas, must be paved. Drive -in use queuing areas: Minimum number of accesses: © 1 Minimum access width: 24 feet 30' 401CM) /02 " Pav-e- s-ak Maximum access width: 40 feet _ . Pedestrian access must be provided between building entrances and parking areas, outdoor common areas, and public sidewalks and streets. 19 A minimum of one tree for every seven parking spaces must be planted in and around all parking areas in order to provide a vegetative canopy effect. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. These design features may include the use of landscaped berms, decorative walls, and raised planters. For detailed information on design requirements for parking areas and accesses, see Development Code Chapters 18.100, 18.106 and 18.108. CLEAR VISION AREA The City requires that clear vision areas be maintained between three and eight feet in height at road/ driveway, road/railroad, and road/road intersections. The size of the required clear vision area depends upon the abutting street's functional classification. 30 3d ray • • BUFFERING AND SCREENING In order to increase privacy and to either reduce or eliminate adverse noise or visual impacts between adjacent developments, especially between different land uses, the City requires landscaped buffer areas along certain site perimeters. Required buffer areas are described by the Code in terms of width. Buffer areas must be occupied by a mixture of deciduous and evergreen trees and shrubs and must also achieve a balance between vertical and horizontal plantings. Site obscuring screens or fences may also be required; these are often advisable even if not required by the Code. The required buffer areas may only be occupied by vegetation, fences, utilities, and walkways. Additional information on required buffer area materials and sizes may be found in Code Chapter 18.100. The required buffer widths which are applicable to your proposal area: ft. along north boundary ft. along east boundary ft. along south boundary ft. along west boundary In addition sight obscuring , screening is required along `f(R. hkfth Q V�� , Glum u o. 'LY i _ , SsLvv 1 c .. e ---4r-STREET TREES Street trees are required for all developments fronting on a public or private street as well as driveways which are more than 100 feet in length. Street trees must be placed either within the public right - of-way or on private property within six feet of the right - of-way boundary. Street trees must have a minimum caliper of at least two inches when measured four feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the branching width of the tree at maturity. Further information on regulations affecting street trees maybe obtained from the Planning Division. __-#o SIGNS Sign permits must be obtained prior to installation of any sign in the City of Tigard. A "Guidelines for Sign Permits' handout is available upon request. Additional sign area or height beyond Code standards may be permitted if the sign proposal is reviewed as part of a development review hpplication. Alternatively, a Sign code Exception application may be filed for review before the Hearings Officer. Sa -2 Sac4,0o. 1?• Is µ SENSITIVE LANDS Code Chapter 18.84 provides ations for lands which are potentially unsuitable for development ••e to areas wi the 100 -year floodplain, natural drainageways,. - - areas, on sl in excess of 25 percent, or �� on unstable ground. Staff will att to preliminarily identify sensitive lands are.: at the pre- applic ion conference based on available information. o• : the responsib tv to precisely identify sensitive lands areas, and heir boundaries, 4i the responsibility of the applicant. Areas meeting .e definitions of nsitive lands must be clearly indicated on plans = ••..'tted with the development application. Page 3 • • Chapter 18.84 also provides regu tions for use, protection, or modification of sensitive lands as. In most see, dedication of 100 - year floodplain areas to t City for and open space areas is required as a condition of a approval o a development application. ADDITIONAL CONCERNS OR COMMENTS A PPLI cif AT w p s 6 so p"O ' rv &w ` A. 06 r 716 yst IO4R 44*r(0 ° �- / CoPt °4 �I E- to &-g.& 1,0 ►4 -.SCE e4 , /)t g'o w 4s izo a yYl s 4 Co/'Y & DteiG ,13 1 ) . X. Wrru-A if'/EE 4.1914c/ ciro PROCEDURE Administrative staff review. Public hearing before the Land Use Hearings Officer. Public hearing before the Planning Commission. Public hearing before the Planning Commission with the Commission making a recommendation on the proposal to the City Council. An additional public hearing shall be held by the City Council. _L APPLICATION SUBMITTAL PROCESS All applications must be accepted by a Planning Division staff member at the Community Development Department counter at City Hall. PLEASE NOTE: Applications submitted by mail or dropped off at the counter without Planning Division acceptance may be returned. Applications submitted after 4:30 P.M. on Thursday will be batched for processing with the following week's applications. Applications will NOT be accepted after 3:00 P.M. on Fridays or 4:30 on other days. Maps submitted with an application shall be folded IN ADVANCE to 8.5 by 11 inches. One 8.5 inch by 11 inch map of a proposed protect should be submitted for attachment to the staff report or administrative decision. Application with unfolded maps shall not be accepted. The Planning Division and Engineering Division will preform a preliminary review of the application and will determine whether an application is complete within 10 days of the counter submittal. Staff will notify an applicant if additional information or additional copies of the submitted materials are needed. The administrative decision or public hearing will typically occur approximately 45 to 60 days after an application is accepted as being complete by the Planning Division.. Applications involving.difficult or protracted issues or requiring review by other jurisdictions may take . additional time to review. Written recommendations from the Planning staff are issued seven (7) days prior to the public hearing. A 10 day , public appeal period follows all land use decisions. An appeal on this matter would be heard by the ? L. 4A//v /A)C CD•y/ /SC /Oa/ . A basic flowchart which illustrates the review process is available from the Planning Division upon request. - Page 4 . • • This pre - application conference and the notes of the conference are intended to inform the prospective applicant of the primary Community Development Code requirements applicable to the potential development of a particular site and to allow the City staff and prospective applicant to discuss the opportunities and constraints affecting development of the site. The conference and notes cannot cover all Code requirements and aspects of good site planning that should apply to the development of your site plan. Failure of the staff to provide information required by the Code shall not constitute a waiver of the applicable standards or requirements. It is recommended that a prospective applicant either obtain and read the Community Development Code or ask any questions of City staff relative to Code requirements prior to submitting an application. Another pre - application conference is required if an application is to be submitted more than six months after this pre - application conference, unless the second conference is deemed unnecessary by the Planning Division. PREPARED BY: V I A J o y , f PLANNING DIVISION PRONE: 639 -4171 Page 5 • PUBLIC FACILITIES The purpose of the pre - application conference is to: (1) Identify applicable Comprehensive Plan policies and ordinance provisions; (2) To provide City staff an opportunity to comment on specific concerns; and (3) To review the Land Use Application review process with the applicant and to identify who the final decision making authority shall be for the application. The extent of necessary public improvements and dedications which shall be required of the applicant will be recommended by City staff and subject to approval by the appropriate authority. There will be no final recommendation to the decision making authority on behalf of the City staff until all concerned commenting agencies, City staff and the public have had an opportunity to review and comment on the application. The following comments are a projection of public improvement related requirements that may be required as a condition of development approval for your proposed project. Right -of -way dedication: The City of Tigard requires that land area be dedicated to the public: 1) to increase abutting public rights - of-way to the ultimate functional street classification right -of -way width as specified by the Community Development Code; or 2) for the creation of new streets. Approval of a development application for this site will require right -of- way dedication for: yy 1. lC�//eilea�1 ee to 1, / feet from centerline. 2. to feet from centerline. 3 • to feet from centerline. e Street improvements: "` / " ' / ec, 1. street improvements will be necessary along 2. street improvements will be necessary along 3. Street improvements shall include feet of pavement from centerline, plus the installation of curb and gutters, storm sewers, underground placement of utility wires (a fee may be collected if determined appropriate by the Engineering Department), a five -foot wide sidewalk (sidewalks may be required to be wider on arterials or major collector streets, or Lathe Central Business District), necessary street signs, streetlights, and a two year streetlighting fee. In some cases, where street improvements or other necessary public improvements are not currently practical, the street' improvements may be . deferred. In such cases, a condition of development approval may be specified which requires the property owner(s) to execute a non - remonstrance agreement which waives the property owner's right to remonstrate against the formation of a local improvement district formed to improve: 1. �! /dt ) t ei AO. 2 . 7/ pic.. d vvy° eau_ 036- /; vme42:, Page 6 • • Pedestrianways /bikeways: Sanitary Sewers: The nearest sanitary sewer line t this property is a(n) !Q inch line which is located in CZ The proposed development must be connected to a sanitary sewer. It ie the developer's responsibility to extend the sewer along the proposed development site's Water Supply: or the Tualatin 1/ Valley Water District (Phone: 642 -1511) provides public water service in the area of this site. The District should be contacted for information regarding water supply for your proposed development. Fire Protection: Tualatin Valley Fire and Rescue District (Contact: Gene Birchill, 645 -8533) provides fire protection services within the City of Tigard. The District should be contacted for information regarding the adequacy of circulation systems, the need for fire hydrants, or other questions related to fire protection. Other Agency Permits: �, Storm sewer improvements: N/t/E - £'A4�. 41Z0e/h4 -?"57151,114 STORMWATER QUALITY FEES The Unified Sewerage Agency has established, and the City has agreed to enforce, Resolution No. 90 -43 Surface Water Management Regulations which requires the construction of on -site water quality facilities. At the • discretion of the City, the applicant may be offered an opportunity to pay a fee in lieu of the construction of such a facility. The resolution requires the construction of a water quality facility and /or the payment of a fee. The fee shall be based upon the amount of impervious surface; for every 2,640 square feet, or portion thereof, the fee shall be $285.00. The City of Tigard shall determine if a fee may be paid or a facility shall be constructed. R /sue Sim �«V �o Ladop C. iitelAzd vy e/u 7y TRAFFIC IMPACT FEES In 1990, Washington County adopted a county - wide Traffic Impact Fee (TIF) ordinance. The Traffic Impact Fee program collects fees from new development based on the development's projected impact upon the City's transportation system. The applicant shall be required to pay a fee based upon the number of trips which are projected to result from the proposed development. The calculation of the TIF is based on the proposed nee of the land, the size of the project, and a general use based fee category. The TIF shall be calculated at the time of building permit issuance. In limited circumstances, payment of the TIF may be allowed to be deferred until the issuance of an occupancy permit. Deferral of the payment until occupancy is permissible only when the TIF is greater than $5,000.00. PliX Pee // 4a,piake Page 7 • • STREET OPENING PERMIT No work shall be preformed within a public right -of -way, or shall commence, until the applicant has obtained a street opening permit from the Engineering Department. FINISHED FLOOR ELEVATIONS All projects that require a grading plan also require that the applicant shall submit a typical floor plan for each lot. This floor plan shall indicate the elevations of the four corners of that plan along with elevations at the corner of each lot. r -- PREPARED BY: GINEERING DIVISION PHONE: 639 -4171 RP:preapnon Page 8 • • Staff vA 1/11 Date 3 -W - 0 • CITY OF TIGARD COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION CHECKLIST The items on the checklist below are required for the successful completion of your application submission requirements. This checklist identifies what is required to be submitted with your application. This sheet MUST be brought and submitted with all other materials at the time you submit your • application. See your application for further explanation of these items or call Planning at 639 -4171. ITEMS TO BE BASIC MATERIALS INCLUDED: • A) Application form (1 copy) [ 8) Owner's signature/written authorization [4 C) Title transfer instrument [ y D) Assessor's map E) Plot or site plan [� F) Applicant's statement [ � (H) Filing fee ($ SQ. � ) 5c cL4tI SPECIFIC MATERIALS A) - Site Information showing (No. of copies / ): [ 1) Vicinity Map _ [�]� 2) Site size & dimensions 3) Contour lines (2 ft at O-1O% or 5 ft for grades > 10%) ( ] 4) Drainage patterns, courses, and ponds [ ] 5) Locations of natural hazard areas including: a) Floodplain areas [ 3 b) Slopes in excess of 25% [ ] c) Unstable ground [ 3 d) Areas with high seasonal water table [ 3 e) Areas with severe soil erosion potential [ ] f) Areas having severely weak foundation soils [ 3 6) Location of resource areas as shown on the Comprehensive Map inventory including: a) Wildlife habitats [ 3 b) Wetlands • [ ] 7) Other site features: • a) Rock outcroppings .. b) Trees with 6" + caliper measured 4 feet from ground level [ 8) Location of existing stnictures and their uses .• • 9) Location and type.of on and off — site noise sources • 10) Location of existing : utilities -and easements •• [‘.j� 11) Location of existing. dedicated right -of -ways (. • 8) Site Development Plan showing (No.of copies /r ): [ 1) The proposed: site and •surrounding properties . . • 2) Contour line intervals-.:77, 3) The location, dimensions and names of a) Existing platted streets & other public ways and easements on site and on adjoining [ properties _. - • APPLICATION CHECKLIST - Page 1 . . b) Proposed streets or other public ways & easements on the site. [ ] c) Alternative routes of dead end or proposed streets that require future extension [ ] 4) The location and dimension of: a) Entrances and exits on the site [ �Y b) Parking and circulation areas [v� c) Loading and services areas C d) Pedestrian and bicycle circulation ✓J� e) Outdoor common areas, ( y f) Above ground utilities [ 5) The location, dimensions & setback distances of all: a) Existing permanent structures, improvements, utilities and easements which are located on the site and on adjacent property within 25 feet of the site [ �Y b) Proposed structures, improvements, utilities and easements on the site 6) Storm drainage facilities and analysis of downstream conditions [� 7) Sanitary sewer facilities [� 8) The location of areas to be landscaped 9) The location and type of outdoor lighting considering crime prevention techniques 10) The location of mailboxes [ 11) The location of all structures and their orientation ( 12) Existing or proposed sewer reimbursement agreements [ ] C) Grading Plan (No. of copies 6 ) [ The site development plan shall include a grading plan at the same scale as the site analysis drawings and shall contain the following information: 1) The location and extent to which grading will take place indicating general contour lines, slope ratios and soil stabilization proposals, and time of year it is proposed to be done. 2) A statement from a registered engineer supported by data factual substantiating: a) Subsurface exploration and geotechnical engineering report [ ] b) The validity of sanitary sewer and storm drainage service proposals c) That all problems will be mitigated and how they will be mitigated [ ] D) Architectural Drawings (No. of copies 6 ): [✓]� - The site development plan proposal shall include: . 1) _ Floor plans indicating the square footage of all structures proposed for use on -site; and : [ 2) Typical elevation drawings of each structure. ( - E) Landscape Plan (No. of copies /r ): [ The landscape plan shall be drawn at the same scale of the .. • site analysis plan or a larger scale if necessary and shall indicate: 1) Description of the irrigation system where applicable [ 2) Location and height of fences, buffers and screenings [ vj APPLICATION CHECKLIST – Page 2 • • • • 3) Location of terraces, decks, shelters, play areas and common open spaces [ ✓]/ 4) Location, type, size and species of existing and proposed plant materials. [ i•]� The landscape plan shall include a narrative which addresses: 1) Soil conditions. C ] 2) Erosion control measures that will be used. F). Sign Drawings Sign drawings shall be submitted in accordance with Chapter 18.114 of the Code as part of Site Development Review or prior to obtaining a Building Permit to construct the sign. [v] G) Traffic generation estimate 1 7 ; , q c 5,4-4,14 Id c.e p S [ ■-•]' H) Preliminary partition or lot line adjustment map showing (No. of Copies ): 1) The owner of the subject parcel [ ] 2) The owner's authorized agent [ ] 3) The map scale, (20,50,100 or 200 feet =1), inch north arrow and date ( ] 4) Description of parcel location and boundaries [ ] 5) Location, width and names of streets,.easements and other public ways within and adjacent to the parcel [ ] 6) Location of all permanent buildings on and within 25 feet of all property lines [ ] 7) Location and width of all water courses [ ] 8) Location of any trees with or greater caliper at 4 feet above ground level [ ] 9) All slopes greater than 25% [ ] 10) Location of existing utilities and utility easements [ ] 11) For major land partition which creates a public street: • a) The proposed right -of -way location and width [ ] b) A scaled cross - section of the proposed street ,plus any reserve strip [ ] 12) Any applicable deed restrictions [ 3 13) Evidence that land partition will not preclude efficient future land division where applicable [ ] I) Subdivision Preliminary -Plat Map and data showing(No. of Copies ): 1) Scale equaling 30,50,100 or 200 feet to the inch ' and limited to one phase per sheet [ ] '2) The proposed name of the subdivision [ ] . 3) Vicinity map showing property's relationship to arterial and collector streets [ ] 4) Names, addresses and telephone numbers of the owner developer, engineer, surveyer, designer, as applicable[ ] _ 5) Date of application. [ ] • 6) Boundary, lines of tract:to be subdivided [ ] • . 7) Names of adjacent subdivision.or naves of recorded. owners of adjoining parcels of unsubdivided land [ 3 8) Contour lines related to =a City - established bench- mark at 2 -foot intervals for O-10% grades greater • than 10% [ APPLICATION CHECKLIST - Page 3 • • 9) The purpose, location, type and size of all of the following (within and adjacent to the proposed subdivision): a) Public and private right -of -ways and easements [ ] b) Public and private sanitary and storm sewer lines [ ] c) Domestic water mains including fire hydrants [ ] d) Major power telephone transmission lines (50,000 volts or greater) [ ] e) Watercourses [ ] f) Deed reservations for parks, open space, pathways - and other land encumbrances [ ] 10) Approximate plan and profiles of proposed sanitary and storm sewers with grades and pipe sizes indicated [ ) 11) Plan of the proposed water distribution system, showing pipe sizes and the location of valves and fire hydrants. [ ] 12) Approximate centerline profiles showing the finished grade of all streets including street extensions for a reasonable distance beyond the limits of the proposed subdivision. [ ] 13) Scaled cross sections of proposed street right -of -way; [ ] 14) The location of all areas subject to inundation or storm water overflow [ ] 15) Location, width and direction of flow of all water- courses and drainage ways [ ] 16) The proposed lot configurations, approx mate lot dimensions and lot numbers. Where lots are to be used for purposes other than residential, it shall be indicated upon such lots [ ] 17) The location of all trees with a diameter 6 inches or greater measured at 4 feet above ground level, and the location of proposed tree plantings, if any [ ] 18) The existing uses of the property, including the location of all structures and the present uses of the structures, and a statement of which structures are to remain after platting [ ] 19) Supplemental information including: a) Proposed deed restrictions (if any) [ ] b) Proof of property ownership [ ] c) A proposed plan for provision of subdivision improvements [ ] 20) Existing natural features including rock out- croppings, wetlands and marsh areas. [ ] 21) If any of the foregoing information cannot practicably be shown on the preliminary plat, it shall be - incorporated into a narrative and submitted with the application. J) Other Information [ 3 Solar 44.c<16 Cakvath'Ct 5 (2362P/0O28P) APPLICATION CHECKLIST - Page 4 c/r -s -r 1110 1 11 1 NOTIPICATIOR LIST P08 ALL APPLICATIONS 1. IMO NO. ,/ / // (21 copies _ CPO N0. 2. CITY DEPARTMENTS / Building Official/Dave 8. _ Parks i Recreation Board �/ Police City �� �r Recorder - M rk C- f( • Field Operations � Facilitator/Viola C. 3. SPECIAL DZ Fire District School Dist 80. 48 (Pick -ep box) (Beaverton) Joy Pahl PO Box 200 i - LL Beaverton, OR 97075 Tigard water 8t VSchool Dist. 23J 8777 SW Burnham St. (Tigard) Tigard, OR 97223 13137 SW Pacific Hwy. Tigard, OR 97223 ,7 Z - Tualatin Valley water District Dnified Sewerage Agency /SMM Program 6 501 SW Taylors Ferry Rd. 155 N. First St. Tigard, OR 97223 Hillsboro, OR 97124 4. AFFECTED JURISDICTIONS Wash. Co. Land Use i Transp. Boundary Commission 150 R. First Ave. — 320 S11 Stark Room 530 Hillaboro, OR 97124 Portland, OR 97204 Brent Curtis Sevin Martin METRO - GRE82SPACES PROGRAM Scott Xing 600 NE Grand (CPA's /E0�1's) %Fred- 8bas•1e Tom �kWN3 Portland, OR 97232 -2736 1/ DLCD (CPA's /LO&•s) City of Beaverton 1175 Court 8t. NE 1 He 4755 - Principal Planner Salem, OR 97310-0590 PO Box Beaverton, OR 97076 Other City of 4� City _ City of Durham City 15300 SW 116th PO Box Manager Xing City, OR 97224 Tigard, OR 97224 City of Lake Oswego City of Portland City Manager Planning Director 380 SW A 1120 SW Stb Lake Oswego, OR 97034 Portland, OR 97204 — State Highway Division _ ODOT - 'IV Mob Doran PO Box 25412 9002 SE McLo ghltn Blvd. Portland, OR 97225 -0412 Milwankle, OR 97222 City of Tualatin PO Box 369 Tualatin, OR 97062 5. SPECIAL AGEXCISS General Telephone /Portland Cameral Bloc. B mgimeering Office ian Moore PO Box 23416 14655 SW Old Scholia Pry. , OR 97281 -3416 s, OR 97007 ■t1 Itatural Gas Metro Area Cou'icatiaas Scott Palmer Jason Levitt 220 •W Second Ave. , OR 97209 Cablevision of Oregon 1015 Mm Oaks Technology Canter TC BedvertOD, 97006 -4886 Mike Ballot![ ' US west 3500 SW Bond St. — Pete Belson Portland, OR 97201 421 8w Oak St. a Columbia Cable (Prank Stone) Portland, OR 97204 14200 8w Brigadoon Ct. Tri -Not Transit Dew. Beaverton, OR 97005 — Sian Snow 6. STATIC AC611CYSSS 4012 S2 17th Ave. Portland, OB 97202 Aeronautics Div. (MOT) - - DOGAM _ Division of State Lands Commerce _ C Dept4 N.H. Park . , . p . PUC - Dept. of Bmvirom. Quality _ _ 7. FEDERAL anamoISS Corps. of Bogineers Pont Office 8. OTHER _ Southern Pacific Transportation Company Duane 6th A� ven R. 324, Union Station . Portland, OR 97209 •4 S A M L p/ C . First :rimerican Title Insurance'ompany of Oregon ' '•: An uaumed bufineat of TITLE INSURANCE COMPANY OP OREGON L� 1700 S.W. FOURTH AVENUE, PORTLAND, OR 97201 -5512 • (503) 222 -3651 • FAX (503) 790 -7865 or (503) 790 -7858 Preliminary Title Report AprH 11, 1994 ALTA Owners Stand. Cov. $400,000.00 Premium $1,155.00 ALTA Owners Ext. Cov. $ Premium $ ALTA Lenders Stand. Cov. $ • Premium $ • ALTA Lenders Ext. Cov. $ Premium $ Order No. : 756404 Indorsement - 100, 116 & 8.1 Premium $ Escrow No.: 94160218 Other Cost $ Re : Bank of America/ Govt. Serv. Charge Cost $ 25.00 VIP's Industries, Inc. A consolidated statement of all charges and advances in con- • nection with this order will be provided at closing. First American Title Insurance Company 200 SW Market Suite 1776 Portland, OR 97201 Attention: Mavis Kimball Telephone No.: 795 -7600 We are prepared to issue Title Insurance Policy or Policies in the form and amount shown above, insuring title to the following described land: Lot 5, Block eC ", LEHMANN ACRE TRACT, in the City of Tigard, County of Washington and State of Oregon. EXCEPTING THEREFROM that portion deeded to Washington County by deed recorded June 8, 1979 as Fee No. 79022059; and as of April 7, 1994 at 8:00 a.m., title vested in: SEAFIRST CORPORATION; Subject to the exceptions, exclusions and stipulations which are ordinarily part of such Policy form and the following: 1. City Liens, if any, of the City of Tigard. Note: An inquiry has been directed to the City Clerk and subsequent advice will follow concerning the actual status of such liens. 2. Statutory Powers and Assessments of Unified Sewerage Agency. 3. An easement created by instrument, including the terms and provisions thereof; Recorded : September 28, 1990 as Fee No. 90 -54046 Favor of : City of Tigard For : Traffic signal Affects : The Westerly portion This report is for the exclusive use of the parties herein shown and is preliminary to the issuance of a title insurance policy and shall become void unless a policy is issued, and the full premium paid. • • • Page 2 Order No. 756404 4. The following matters pertain to Lenders Extended coverage only: (a) Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other facts which a correct survey would disclose. (b) Parties in possession, or claiming to be in possession, other than the vestees shown herein. (c) Statutory liens for labor and /or materials, including liens for contributions due to the State of Oregon for employment compensation and for workman's compensation, or any rights thereto, where no notice of such liens or rights appears of record. NOTE: Washington County Ordinance No. 267, filed August 5, 1982 in Washington County, Oregon, imposes a tax of $1.00 per $1,000.00 or fraction thereof on the transfer of real property located within Washington County. Certain conveyances may be exempt from said ordinance, in which case, Washington County will require • the filing of an affidavit of exemption. In either situation, the transfer tax must be paid or an affidavit must be filed. NOTE: Taxes for the year 1993 -94 paid in full. Original Amount : $2,706.71 Special Assessment : $ 12.29 Tax Amount : $2,706.71 • Code No. : 023.81 Account No. : 1S126DC-04700 Key No. : 238978 NOTE: Taxes for the year 1993 -94 paid in full. Original Amount : $2,832.51 Special Assessment : $ 12.86 Tax Amount : $2,832.51 Code No. : 023.81 Account No. : 1S126DC-04701 Key No. . : 238987 NOTE: We find no judgments against VIP's INDUSTRIES, INC.. FIRST AMERICAN TILE INSURANCE COMPANY OF OREGON • ARYF I Commerci • e Offi N • (503) 790- = ML:cp THIS MAP IS FURNI AS A CONVENIENCE IN LOCATING PROPER ND THE COMPANY I ASSUMES NO LIABIWFOR ANY VARIATIONS AS MAY BE DISCLOSE ACTUAL SURVEY '': i F Amer Title .Insurance Company o f Oregon -N _ �� '!,•.'� - _ An assun eel businCSS name o TITLE INSURANCE COMPANY OF OREGON _ till 1700 S.W. FOURTH AVENUE, PORTLAND, OR 97201.5512 (503) 222 -3651 / • -... 4 m 3500 3600 D 37 3 .39 AC. • .38 Ac. 4. y (C5 O . r 4 ' Crx • t _ 95.15' 9 6.16' Al ` • Q 0 326.0' a. S BEGIN. 1 6 E 0 ` / 2 S 0 C. R. 1630 o . N n VACATED 92- I9149 95.15' 96.15 � 96.16' 96.16' 4C Pf / r i � � 4500 1 4400 I a. 4200 / 49 ;. 4601 $ .38 Ac .77Ac. 5577 C. e a 28A c. / F 6 4600 • 7 . - . . Z 4Ac. . ,460',. • .... 117.6 9 5. IJ' 95.15' C 40 ■ _ r74 • .:••..... . • • 7 4700 4701 4800 46011 4900 5000 51 , 47 Ac . 30 Ac , 38 Ac 38Ac. . 10 . v- 42 Ac. .44 Ac. __ N le ce - _ EO _ , O / ti w 3 I ,. o . 4 T t`1€1 � p • N 1 r «I i 1f1 I e A „� 1 • / t a. I B' V o f •.watt 1 c , C - c n • • • • AMENDMENT TO AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS DATED MARCH 14, 1994 BY AND BETWEEN BANK OF AMERICA OREGON, AS SELLER AND VIP'S INDUSTRIES, INC, AS BUYER The following provisions shall amend and, to the extent of any conflicts, supersede the provisions of the aforementioned agreement of purchase and sale and joint escrow instructions: 1.b. effective Date: The effective date (the dates from which all dates in this Agreement will be measured) is March 31, 1994. All other terms and conditions of the Agreement of Purchase and Sale and Joint Escrow Instructions shall remain in full force and effect. IN,,WITNESS WHEREOF, parties hereto have executed this Addendum as of the / day of April 1994. AGREED AND ACCEPTED AGREED AND ACCEPTED SELLER: BU BANK OF AMERICA OREGON 'S USTRIES, I . ip By: a � By: Title: Title: t Date: 7 9 / Date: ' / y jm/KTS/ ••: BY: . 14 ArA Title: E- Date: y ly 4 • • AGREEMENT OF PURCHASE AND BALE AND JOINT ESCROW INSTRUCTIONS THIS AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS ( "Agreement ") is made and entered into as of the 14th day of March, 1994, by and between BANK OF AMERICA • OREGON ( "Seller ") and VIP'S INDUSTRIES, INCORPORATED ( "Buyer "). Buyer and Seller agree as follows: 1. Definitions: For the purposes of this Agreement the following terms will be defined as follows: (a) "Property ": That certain real property located in the County of Washington, State of Oregon, and commonly known as Lot 5, Block "C ", LEHMANN ACRE TRACT, City of Tigard, County of Washington, State of Oregon -- also known as the Northeast Corner of S.W. Greenburg Road and Locust Street -- containing 37,402 square feet, more or less, and more fully described in Exhibit A to this Agreement. (b) "Effective Date ": The Effective Date (the date from which all dates in this Agreement will be measured) is March 14, 1994. (c) "Purchase Price ": The Purchase Price for the Property is $400,000. (d) "Deposit ": The Deposit will be $20,000. (e) "Escrow Holder ": The Escrow Holder is First American Title Company. (f) "Title Company ": The Title Company is First American Title Company. (g) "Closing Date ": The Closing Date is June 10, 1994, or such earlier date to which the parties mutually agree. (h) "Due Diligence Period ": Buyer will have 30 days, starting on the Effective Date, to complete its due diligence as described in Paragraph 9. (i) "Selling Broker ": The Selling Broker is Gerald V. Miller, acting exclusively as an agent of the Buyer. (j) "Listing Broker ": The Listing Broker is Mark C. Edlen of Cushman & Wakefield of Oregon, Inc., acting exclusively as an agent of the Seller. PAGE 1 - AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS f: \3 \31018 \62 \boalist4.agt, 03/16/94 (1:40pm) Y y 110 • (k) "Notices ": will be sent as follows to: Seller: Bank of America Oregon c/o Bank of America NT &SA 315 Montgomery Street, 7th Floor San Francisco, CA 94101 Attn: Stuart D. Scheinholtz Telephone: (415) 953 -5883 Fax: (415) 953 -5889 copy to: Davis Wright Tremaine 1300 SW Fifth Avenue, Suite 2300 Portland, OR 97201 Attn: William R. Miller, Jr. Telephone: (503) 778 -5304 Fax: (503) 757 -1241 Buyer: VIP's Industries, Incorporated P. O. Box 2508 Salem, OR 97308 Attn: Steve Johnson, President Telephone: (503) 585 -6221 Fax: (503) 362 -0798 Escrow Holder: First American Title Company 200 S.W. Market Street Portland, OR 97201 Attn: Escrow Department Telephone: (503) 222 -3651 Fax: (503) 795 -7614 (1) "Phase I Report" is that certain Report of Phase I Environmental Site Assessment prepared by GeoEngineers, Inc. and dated March 14, 1994. (m) "Actual Knowledge of Beller" means and is limited to the actual knowledge of Stuart D. Scheinholtz without having conducted any independent inquiry or inspection. (n) Exhibits (check as applicable): / Exhibit A - Legal Description _.� Exhibit B - Form of Deed Exhibit C - FIRPTA Affidavit Exhibit D - Bill of Sale Exhibit E - Assignment and Assumption 2. Purchase and Sale: Upon and subject to the terms and conditions set forth in this Agreement, Seller agrees to sell to Buyer and Buyer agrees to buy from Seller the Property, together with all easements, hereditaments and appurtenances thereto. PAGE 2 - AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS f: \3 \31018 \62 \boalist4.agt, 03/16/94 (1:40pm) t F• �r • • 3. Purchase Price: The Purchase Price for the Property will be paid as follows: 3.1 Deposit. Upon the opening of Escrow (as defined in Paragraph 4), Buyer will deliver to Escrow Holder in cash or by certified or cashier's check collectible in same day funds, the Deposit. Escrow Holder will invest the Deposit in an interest bearing account and interest will be for the account of Buyer except as otherwise provided in this Agreement and will be applied against the Purchase Price at Closing. Except as otherwise provided in this Agreement, the Deposit shall become non - refundable unless Buyer terminates this Agreement on or before the end of the Due Diligence Period. 3.2 Cash Balance. On or before the Closing Date, Buyer will deposit into the Escrow the balance of the Purchase Price in the form of cash, bank cashier's check or confirmed wire transfer of funds. 4. Escrow: Within 5 days after the execution of this Agreement, Buyer and Seller shall open an escrow (the "Escrow ") with the Escrow Holder by delivering to Escrow Holder a fully executed copy of this Agreement (the "Opening of Escrow "). The purchase and sale of the Property will be completed through the Escrow. Buyer and Seller agree to execute any additional instructions reasonably required by the Escrow Holder. If there is a conflict between any printed escrow instructions and this Agreement, the terms of this Agreement will govern. 5. Cancellation Fees and Expenses: In the event that the Closing does not occur at the time and in the manner provided in this Agreement because of the default of one of the parties, the non - defaulting party has the right to cancel the Escrow by written notice to the defaulting party and to the Escrow Holder. All costs of cancellation will be paid by the defaulting party. In addition, in the event of a default by Seller, Buyer shall be entitled to a return of the Deposit together with all interest thereon. If the Closing does not take place for any reason other than a default by one of the parties, Escrow Holder will return the Deposit to Buyer together with all interest thereon, but less Buyer's share of the cancellation costs. 6. Deliveries to Escrow Holder: 6.1 By Seller. On or prior to the Closing Date, Seller will deliver or caused to be delivered to Escrow Holder the following items: (a) A Statutory Warranty Deed ( "Warranty Deed "), in the form attached to this Agreement as Exhibit B, duly executed and acknowledged by Seller and in recordable form, conveying the Property to Buyer. PAGE 3 - AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS f: \3 \31018 \62 \boalist4.agt, 03/16/94 (1:40pm) Jr . • • • A (b) A Transferor's Certificate of Non - Foreign Status attached to this Agreement as Exhibit C ( "FIRPTA Certificate ") properly executed by Seller. 6.2 By Buyer. On or prior to the Closing Date, Buyer will deliver or cause to be delivered to Escrow Holder the following items: (a) The balance of the Purchase Price in accordance with Paragraph 3; (b) The amount due Seller, if any, after the prorations are computed in accordance with Paragraph 15; and (c) Such corporate resolutions, certificates of good standing and /or other corporate or partnership documents relating to Buyer as are reasonably required in connection with this transaction. 6.3 By Buyer and Seller. Buyer and Seller will each deposit such other instruments as are reasonably required by Escrow Holder or otherwise required to close Escrow. In addition Seller and Buyer will designate the Title Company as the "Reporting Person" for the transaction pursuant to Section 6045(e) of the Internal Revenue Code. 7. Condition of Title: At the Close of Escrow, fee simple title to the Property will be conveyed to Buyer by Seller by Warranty Deed, subject only to the following matters ( "Permitted Exceptions "): (a) a lien for real property taxes not then delinquent; (b) matters of title respecting the Property approved by Buyer in accordance with this Agreement; and (c) matters affecting the condition of title to the Property created by or with the written consent of Buyer. 8. Conditions to the Close of Escrow: Conditions Precedent to Buyer's Obligations. The following conditions must be satisfied not later than the Closing Date or such other period of time as may be specified below: (a) Title. Seller will furnish to Buyer, as soon as available, a preliminary report for the Property prepared by the Title Company together with copies of the documents described in such report. Buyer will have 10 days after receipt of the preliminary report within which to examine the preliminary title report and the documents and notify Seller in writing of any defects in title. If Buyer fails to notify Seller of any such PAGE 4 - AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS f: \3 \31018 \62 \boalist4.agt, 03/16/94 (1:40pm) * • • defects, title shall be deemed accepted. If Buyer timely notifies Seller of specific defects within such 10 day period, Seller will have 10 days after receipt of Buyer's notification of any defect in which to advise Buyer that: (i) Seller will remove any objectionable exceptions to title on or before the Closing Date; or (ii) Seller will not cause the exceptions to be removed. If Seller advises Buyer that it will not cause the exceptions to be removed, Buyer will have 10 days to elect, as its sole remedy, to: (iii) proceed with the purchase and acquire the Property subject to such exceptions; or (iv) cancel the Escrow and this Agreement by written notice to Seller and the Escrow Holder, in which case the cancellation costs will be equally borne by Seller and by Buyer. If Buyer does not give Seller notice of its election within 10 days, Buyer will be deemed to have elected to proceed with this transaction. If Seller commits to remove any objection to title and fails to do so by the Closing Date, Seller will be in default under this Agreement and Buyer may, at Buyer's election, terminate this Agreement and pursue its remedies as set forth in Paragraph 25. (b) Inspections and Studies. By the end of the Due Diligence Period, Buyer must approve the results of any and all inspections, investigations, tests and studies as Buyer may have elected to make or obtain within the Due Diligence Period and must notify Seller in writing of such approval. If Buyer fails to so advise Seller, Buyer will be deemed to have accepted the condition of the Property. Buyer will pay for all such inspections, tests and studies. In the event this Agreement is terminated without closing, Buyer will give copies of all inspections, investigations, tests or studies to Seller as a condition precedent to the return of the Deposit. (c) Pending Matters. At the Close of Escrow, there will be no reassessment, reclassification, rezoning or other statute, law, judicial or administrative decision, proceeding ordinance or regulation (including amendments and modifications of any of the foregoing) pending or proposed to be imposed by any federal, state or local authority or any public or private utility having jurisdiction over the Property which was not known to or reasonably discoverable by Buyer and which would adversely PAGE 5 - AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS f: \3 \31018 \62 \boalist4.agt, 03/16/94 (1:40pn) 110 • affect, in Buyer's reasonable judgment, the acquisition, development, sale or use of the Property. (d) Representations. Warranties and Covenants of Seller. Seller will have duly performed each and every agreement to be performed by Seller hereunder and, subject to the provisions of Paragraphs 9.1, Seller's representations, warranties and covenants set forth in this Agreement will be true and correct as of the Closing Date. (e) No Material Changes. At the Closing Date, there will be no material adverse changes in the physical condition of the Property which have occurred after the Due Diligence Period. (f) Seller's Deliveries. Seller will have delivered the items described in Paragraph 6.1. (g) Title Insurance. As of the Close of Escrow, the Title Company will issue or have committed to issue the Title Policy to Buyer with only the Permitted Exceptions. The conditions set forth in this Section are solely for the benefit of Buyer and may be waived only by Buyer. At all times Buyer has the right to waive any condition. Such waiver or waivers must be in writing to Seller. If any conditions are not satisfied on or before the end of the Due Diligence Period or the Closing Date, as applicable, and Buyer has not waived the unsatisfied conditions, Seller will not be deemed to be in default (unless Seller has breached Subparagraphs d or f above) and Buyer's sole remedy will be to terminate this Agreement and obtain the refund of the Deposit together with interest thereon, if such refund is otherwise authorized by this Agreement. 9. Due Diligence Period: 9.1 Matters To Be Reviewed. Buyer shall have the time set forth in Paragraph 1 to complete its due diligence and approve the following matters: (a) the physical condition of the Property, including without limitation, soil conditions (including both soil contamination and status of the soil for engineering purposes), the status of the Property with respect to asbestos and other hazardous and toxic materials, all matters disclosed by the Phase I Report, if any, and compliance of the Property with all applicable laws, including any laws relating to hazardous and toxic materials. Seller will allow Buyer and /or its agents access to the Property to perform any all investigations and inspections desired by Buyer (provided that any entry will be subject to the provisions of Paragraph 24); PAGE 6 - AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS f: \3 \31018 \62 \boalist4.agt, 03/16/94 (1 :40pm) r ; 110 • (b) All applicable government ordinances, rules and regulations and evidence of Seller's compliance therewith, including without limitation zoning and building regulations; (c) All licenses, permits and other governmental approvals and /or authorizations relating to the Property; (d) All leases, agreements, contracts, documents, instruments, reports, surveys, books and records relating to the Property which are in Seller's possession or are reasonably available to Seller; and (e) the suitability of the Property for Buyer's use. 9.2 Delivery of Copies. Within 10 days after the Effective Date, Seller shall provide to Buyer copies of all items described in (c) and (d) in Paragraph 9.1 above, except books and records which Seller shall make reasonably available to Buyer for inspection. Buyer expressly agrees that Seller is furnishing copies of surveys and reports to Buyer for informational purposes only. Buyer covenants and agrees that it will not rely on the information contained in such surveys and reports and will conduct its own due diligence on the matters contained in such surveys and reports. The originals of the items described in (c) and (d), if available, will be delivered to Buyer at Closing. 9.3 Notice of Objections. (a) If Buyer fails to notify Seller in writing of any objections to items (a) through (e) in Paragraph 9.1 above within the time period set forth in Paragraph 1, Buyer shall be deemed to have approved such items. (b) If Buyer notifies Seller in writing of any objections to the condition of the Property within the Due Diligence Period, the parties will have 5 business days to agree upon a resolution of the objection(s). If the parties cannot agree within the 5 business day period, then either party may terminate this Agreement by written notice to the other, which notice must be given within 3 business days after the expiration of the 5 business day period. (c) If Buyer does not terminate this Agreement, Buyer will be deemed to have waived its objections, and this Agreement will continue in full force and effect. 9.4 Motel Permits. Buyer intends to use the time between the end of the Due Diligence Period and the Closing Date to obtain all necessary building permits, conditional use permits, access permits, sign permits, and any other permits required to construct and operate a motel according to Buyer's specifications. However, if this Agreement continues in full force and effect following the Due Diligence Period, Buyer's PAGE 7 - AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS f : \3 \31018 \62 \boatist4.agt, 03/16/94 (1:40pm) r I • • • failure to obtain such permits shall not relieve Buyer of its obligation to purchase the Property. Buyer's refusal to consummate the transaction due to its failure to obtain such permits shall be a default by Buyer entitling Seller to liquidated damages pursuant to Paragraph 24.2. 10. Property "As -Is ": No person acting on behalf of Seller is authorized to make, and by execution hereof, Buyer acknowledges that no person has made any representation, agreement, statement, warranty, guarantee or promise regarding the Property or the transaction contemplated herein or the zoning, construction, physical condition or other status of the Property except as may be expressly set forth in this Agreement. No representation, warranty, agreement, statement, guarantee or promise, if any, made by any person acting on behalf of Seller which is not contained in this Agreement will be valid or binding on Seller. Buyer agrees that the Property is to be sold to and accepted by Buyer at Close of Escrow in its then condition "AB -IS" and with all faults. 11. Conditions Precedent to Seller's Obligations: The Close of Escrow and Seller's obligations with respect to this transaction are subject to Buyer's delivery to Escrow Holder on or before the Closing Date, of the Purchase Price and the items described in Paragraph 6.2. 12. Title Insurance: At the Close of Escrow, Seller will cause the Title Company to issue to Buyer an ALTA Standard Coverage Policy in an amount equal to the Purchase Price showing fee title to the Property vested in Buyer subject only to the title conditions approved by Buyer ( "Title Policy ") and the standard printed exceptions and conditions in the policy of title insurance. If Buyer elects to obtain any additional endorsements or an ALTA Extended Policy, the additional premium and costs of survey for the ALTA Extended Policy and the cost of any endorsements will be at Buyer's sole cost and expense. In addition, if the Title Company is anything other than the title company designated by Seller, Seller's obligation to pay for the ALTA Extended Coverage Policy will be limited to the premium that Seller's designated title company would have charged Seller for an ALTA Standard Coverage Policy. 13. Costs and Expenses: 13.1 Seller will pay: (a) all premiums for the ALTA Standard Coverage Policy; (b) 1/2 of all escrow fees and costs; PAGE 8 - AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS f: \3 \31018 \62 \boalist4.agt, 03/16/94 (1:40pn) • • (c) its prorated share of any bond or assessment which is a lien upon the Property; (d) Seller's share of prorations; (e) 3% of the Purchase Price to Selling Broker upon closing of the sale; and (f) 3% of the Purchase Price to Listing Broker upon closing of the sale. 13.2 Buyer will pay: (a) all documentary transfer taxes; (b) transfer, assumption and prepayment fees; (c) document recording charges; (d) 1/2 of all escrow fees and costs; (e) the entire additional cost of the ALTA Extended Coverage Policy (if Buyer elects to obtain an ALTA Extended Coverage Policy) including the cost of any required survey; and (f) Buyer's share of prorations. Buyer and Seller will each pay all legal and professional fees and fees of other consultants incurred by Buyer and Seller, respectively. All other costs and expenses will be allocated between Buyer and Seller in accordance with the customary practice in the county in which the Property is located. 14. Prorations: 14.1 Taxes /Assessments /Rents. All non - delinquent real estate taxes on the Property will be prorated as of the Close of Escrow based on the actual current tax bill. If the Close of Escrow takes place before the real estate taxes are fixed for the tax year in which the Close of Escrow occurs, the apportionment of real estate taxes will be made on the basis of the real estate taxes for the immediately preceding tax year applied to the latest assessed valuation. All rents, if any, will be prorated as of the Close of Escrow. All delinquent taxes and all delinquent assessments, if any, on the Property will be paid at the Close of Escrow from funds accruing to Seller. All supplemental taxes billed after the Close of Escrow for periods prior to the Close of Escrow will be paid promptly by Seller. 14.2 Method of Proration. All prorations will be made as of the date of Close of Escrow based on a 365 day year or a 30 day month, as applicable. PAGE 9 - AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS f: \3 \31018 \62 \boalist4.agt, 03/16/94 (1:40pm) r . 15. Disbursements and Other Actions by Escrow Holder: At the Close of Escrow, Escrow Holder will promptly undertake all of the following: 15.1 Funds. Disburse all funds deposited with Escrow Holder by Buyer in payment of the Purchase Price; deduct or credit all items chargeable to the account of Seller and /or Buyer pursuant to Paragraph 15; disburse the balance of the Purchase Price to Seller and the remaining balance of the funds, if any, to Buyer promptly upon Close of Escrow. 15.2 Recording. Cause the Warranty Deed to be recorded with the County Recorder and obtain conformed copies thereof for distribution to Buyer and Seller. 15.3 Title Policy. Direct the Title Company to issue the Title Policy to Buyer. 15.4 Disbursement of Documents to Buyer. Disburse to Buyer the FIRPTA Certificate and any other documents (or copies thereof) deposited into Escrow by Seller pursuant hereto. 16. Joint Representations and Warranties: In addition to any express agreements of the parties contained herein, the following constitute representations and warranties of the parties each to the other: 16.1 Representations Regarding Authority. (a) Each party has the legal power, right and authority to enter into this Agreement and the instruments referenced herein, and to consummate this transaction. (b) All requisite action (corporate, trust, partnership or otherwise) has been taken by each party in connection with the entering into of this Agreement, the instruments referenced herein, and the consummation of this transaction. No further consent of any partner, shareholder, creditor, investor, judicial or administrative body, governmental authority or other party is required. (c) The individuals executing this Agreement and the instruments referenced herein on behalf of each party and the partners, officers or trustees of each party, if any, have the legal power, right, and actual authority to bind each party to the terms and conditions of those documents. (d) This Agreement and all other documents required to close this transaction are and will be valid, legally binding obligations of and enforceable against each party in accordance with their terms, subject only to applicable bankruptcy, insolvency, reorganization, moratorium laws or similar laws or PAGE 10 - AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS f: \3 \31018 \62 \boalist4.agt, 03/16/94 (1:40pm) 1 ` K • • equitable principles affecting or limiting the rights of contracting parties generally. 17. Seller's Warranties and Representations: Seller makes these representations, covenants and warranties and acknowledges that Buyer will rely on such representations, covenants, and warranties in acquiring the Property, each of which shall survive the Closing for a period of 1 year: 17.1 Seller has not entered into any lease or other agreement for possession with any person or entity (except Buyer) pursuant to which such person or entity has any current or future right or interest to occupy, possess or use all or any portion of the Property. 17.2 Seller is not a "foreign person" within the meaning of Section 1445(f)(3) of the Internal Revenue Code. 17.3 Without the prior written consent of Buyer, Seller will not convey any interest in the Property, and Seller will not subject the Property to any additional liens, encumbrances, covenants, conditions, easements, rights of way or similar matters after the date of this Agreement, except as may be otherwise provided for in this Agreement, which will not be eliminated prior to the Close of Escrow. 17.4 Seller will not make any material alterations to the Property without Buyer's consent, which will not be unreasonably withheld or delayed. 17.5 So long as this Agreement remains in full force and effect, Seller will: (a) Maintain the Property in substantially the same condition as of the Effective Date and manage the Property in accordance with Seller's established practices including ordinary repairs and replacements and will not otherwise unreasonably defer any maintenance to the Property. (b) Keep and perform all of the obligations to be performed by Seller under any leases or contracts. Seller shall not enter into any contract or agreements providing for the provision of goods or services to or with respect to the Property or the operation thereof unless such contracts or agreements can be terminated without penalty by the Closing Date, unless Seller first obtains the written consent of Buyer, which will not be unreasonably withheld or delayed. Seller will not enter into any new leases for any portion of the Property or extend the terms of any existing leases without Buyer's written consent. 18. Condemnation and Destruction: PAGE 11 - AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS f: \3 \31018 \62 \boalist4.agt, 03/16/94 (1:40pm) • 18.1 Eminent Domain or Taking. If proceedings under a power of eminent domain relating to the Property or any part thereof are commenced prior to Close of Escrow, Seller shall promptly inform Buyer in writing. (a) If such proceedings involve the taking of title or a material interest in the Property, Buyer may elect to terminate this Agreement by notice in writing sent within 10 days of Seller's written notice to Buyer, in which case the Deposit, less Buyer's share of escrow fees, will be returned to Buyer and neither party shall have any further obligation to or rights against the other except any rights or obligations of either party which are expressly stated to survive termination of this Agreement. (b) If the proceedings do not involve the taking of title to all or a material interest in the Property, or if Buyer does not elect to terminate the agreement, this transaction will be consummated as described herein and any award or settlement payable with respect to such proceeding will be paid or assigned to Buyer upon Close of Escrow. (c) If this sale is not consummated for any reason, any condemnation award or settlement shall belong to Seller. 18.2 Damage or Destruction. Except as provided in this Paragraph, prior to the Close of Escrow the entire risk of loss of damage by earthquake, flood, landslide, fire or other casualty is borne and assumed by Seller. If, prior to the Close of Escrow, any part of the Improvements is damaged or destroyed by earthquake, flood, landslide, fire or other casualty, Seller will promptly inform Buyer of such fact in writing and advise Buyer as to the extent of the damage and whether it is, in Seller's reasonable opinion, "material" or not "material ". (a) If such damage or destruction is "material ", Buyer has the option to terminate this Agreement upon written notice to the Seller given not later than 10 days after receipt of Seller's written notice to Buyer advising of such damage or destruction. (b) For purposes hereof, "material" is deemed to be any damage or destruction to the Improvements where the cost of repair or replacement is estimated to be more than 25% of the Purchase Price of the Property and will take more than 60 days to repair. (c) If this Agreement is so terminated, the provisions of Paragraph 5 will govern. (d) If Buyer does not exercise this option to terminate this Agreement, or if the casualty is not material, Seller will reduce the purchase price by the value allocated to the damaged portion of the Improvements, less any sums expended PAGE 12 - AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS f: \3 \31018 \62 \boalist4.agt, 03/16/94 (1:40pm) t r • • by Seller to make emergency repairs to the Improvement or the Property or otherwise protect the physical condition of the Improvements or the Property, and this transaction will close pursuant to the terms of this Agreement. (e) If the damage is not material, Seller's notice to Buyer of the damage or destruction will also set forth Seller's reduced purchase price and Seller's allocation of value to the damaged portion of the Improvements. If Buyer does not accept Seller's reduced purchase price, Buyer's sole remedy will be to terminate this Agreement, and the provisions of Paragraph 5 will govern. 19. Indemnification: 19.1 Indemnification By Seller. Seller agrees to indemnify, defend and hold Buyer harmless for, from and against any and all claims, demands, cause or causes of action and suit or suits of any nature whatsoever arising from any misrepresentation or breach of warranty or covenant by Seller in this Agreement. This indemnity does not apply, however, to any item, matter, occurrence or condition which was known to or reasonably discoverable by Buyer prior to the Closing Date. 19.2 Indemnification by Buyer. Buyer agrees to indemnify, defend and hold Seller harmless for, from and against any and all claims, demands, liabilities, costs, expenses, damages and losses, cause or causes of action and suit or suits arising out of the ownership and /or operation of the Property after the Closing Date or any misrepresentation or breach of warranty or covenant by Buyer in this Agreement or any document delivered to Seller pursuant to this Agreement. 20. Hazardous Substances: 20.1 For the purposes of this Agreement, the following terms have the following meanings: (a) "Environmental Law" means any law, statute, ordinance or regulation pertaining to health, industrial hygiene or the environment including, without limitation CERCLA (Comprehensive Environmental Response, Compensation and Liability Act of 1980) and RCRA (Resources Conservation and Recovery Act of 1976). (b) "Hazardous Substance" means asbestos or any substance, material or waste which is or becomes designated, classified or regulated as being "toxic" or "hazardous" or a "pollutant" or which is or becomes similarly designated, classified or regulated, under any federal, state or local law, regulation or ordinance. PAGE 13 - AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS f: \3 \31018 \62 \boalist4.egt, 03/16/94 (1:40pn) • • 20.2 Seller's Representations and Warranties: Seller has obtained the Phase I Report for the Property and will furnish a copy to Buyer. As of the date of this Agreement, to Seller's actual knowledge as defined in Paragraph 1 and except as shown in the Phase I Report: (a) no Hazardous Substances are now or have been used or stored on or within any portion of the Property except those substances which are or have been used or stored on the Property in the normal course of use and operation of the Property and in compliance with all applicable Environmental Laws; (b) there are and have been no federal, state, or local enforcement, clean -up, removal, remedial or other governmental or regulatory actions instituted or completed affecting the Property; and (c) no claims have been made by any third party against Seller relating to any Hazardous Substances on or within the Property. 20.3 Notices Regarding Hazardous Substances. During the term of this Agreement, Seller will promptly notify Buyer if it obtains actual knowledge that there may be any Hazardous Substance in or around the Property, or in the soil, groundwater or soil vapor on or under the Property, or that Seller or the Property may be subject to any threatened or pending investigation by any governmental agency under any law, regulation or ordinance pertaining to any Hazardous Substance. 21. Arbitration: Any controversy or claim arising out of or relating to this Agreement or any agreements or instruments relating hereto or delivered in connection herewith, including but not limited to a claim based on or arising from an alleged tort, will at the request of any party be determined by arbitration. The arbitration shall be conducted in accordance with the United States Arbitration Act (9 U.S.C. Section 1 et. seq.) under the Commercial Rules of the American Arbitration Association, provided that the dispute shall be heard by a single arbitrator mutually agreed to by the parties or, if the parties cannot so agree, then by a panel of three (3) arbitrators which shall be composed of one (1) arbitrator selected by each party and one (1) arbitrator chosen by the arbitrators selected by the parties. If the panel of arbitrators has not been selected within thirty (30) days of the date that arbitration is selected, then the three member panel shall be appointed by the court pursuant to ORS 36.320. Judgment upon the arbitration award may be entered in any court having jurisdiction. The institution and maintenance of an action for judicial relief or pursuit of a provisional or ancillary remedy shall not constitute a waiver of the right of PAGE 14 - AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS f: \3 \31018 \62 \boalist4.agt, 03/16/94 (1:40po) • • any party, including the plaintiff, to submit the controversy or claim to arbitration if any other party contests such action for judicial relief. Notice: By initialling in the space below you are agreeing to have any dispute described above decided by neutral arbitration as provided by Oregon law, ORS Chapter 36, and you are giving up any rights you might possess to have the dispute litigated in a court or jury trial. By initialling in the space below you are giving up your judicial rights to discovery and appeal unless such rights are specifically included in this arbitration provision. If you refuse to submit to arbitration after agreeing to this provision, you may be compelled to arbitrate under the authority of ORS Chapter 36. Your agreement to this arbitration provision is voluntary. We have read and understand the foregoing and agree to submit disputes to neutral arbitration pursuant to O• •hapter 36. OP`‘ Buyer's Initials 5 Seller's Initials , l 22. Notices: All notices or other communications regired or permitted hereunder must be in writing, and be personally delivered (including by means of professional messenger service) or sent by registered or certified mail, postage prepaid, return receipt requested to the addresses set forth in Paragraph 1. All notices will be deemed received on the date of mailing. 23. Broker: Seller represents and warrants to Buyer, and Buyer represents and warrants to Seller, that no broker or finder has been engaged by them, respectively other than the Selling Broker and Listing Broker whose names appear in Paragraph 1, in connection with any of the transactions contemplated by this Agreement, or to its knowledge is in any way connected with any of such transactions. In the event of any such claims for additional brokers' or finders' fees or commissions in connection with the negotiation, execution or consummation of this Agreement, the party who dealt with such broker or finder will indemnify, save harmless and defend the other party from and against such claims. 24. Entry: Buyer and Buyer's representatives, agents and designees will have the right, at reasonable times and upon reasonable notice to Seller, (which notice must describe the scope of the planned testing and investigations) to enter upon the Property, in connection with its proposed purchase of the Property. However, Buyer agrees that: (a) all tests will be at Buyer's sole cost and expense; PAGE 15 - AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS f: \3 \31018 \62 \boalist4.agt, 03/16/94 (1:40pm) • ' • (b) Seller will have the right of approval (which will not be unreasonably withheld or delayed) of any proposed physical testing or drilling; (c) Buyer will advise Seller in advance of the dates of all tests and will schedule all tests during non - banking hours whenever feasible; - (d) Seller will have the right to have a representative of Seller accompany Buyer and Buyer's representatives, agents or designees while they are on the Property; (e) any entry by Buyer, its representative, agents or designees will not interfere with Seller's or any tenant's use of the Property; (f) Buyer will indemnify, defend and hold Seller harmless for, from and against any and all claims, damages, costs, liabilities and losses (including mechanics' liens) arising out of any entry by Buyer or its agents, designees or representatives; and (g) Buyer will restore the Property at Buyer's sole cost and expense if this transaction does not close. In addition, prior to any entry involving physical testing, drilling or other physical disturbance, Seller may require Buyer to provide Seller with proof of comprehensive general liability insurance naming Seller as an additional insured in an amount and with coverages reasonably satisfactory to Seller. This indemnity provision will survive the Closing or any earlier termination of this Agreement. 25. Legal and Equitable Enforcement of this Agreement: 25.1 Default by Seller. In the event the Close of Escrow and the consummation of the transaction contemplated by this Agreement do not occur by reason of willful and material default by Seller, Buyer, as its sole remedy will be entitled to either: (a) the return of its Deposit, and payment of its reasonable out -of- pocket expenses incurred in connection with the transaction; or (b) pursue an action for the specific performance of this Agreement. Buyer specifically waives its right to pursue an action for damages. PAGE 16 - AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS f: \3 \31018 \62 \boalist4.agt, 03/16/94 (1:40p m) • • 25.2 Default by Buyer. IN THE EVENT THE CLOSING AND THE CONSUMMATION OF THE TRANSACTION HEREIN CONTEMPLATED DOES NOT OCCUR AS HEREIN PROVIDED BY REASON OF ANY DEFAULT OF BUYER, INCLUDING A DEFAULT AS DESCRIBED IN PARAGRAPH 9.4 OF THIS AGREEMENT, BUYER AND SELLER AGREE THAT IT WOULD BE IMPRACTICAL AND EXTREMELY DIFFICULT TO ESTIMATE THE DAMAGES WHICH SELLER MAY SUFFER. THEREFORE BUYER AND SELLER DO HEREBY AGREE THAT A REASONABLE ESTIMATE OF THE TOTAL NET DETRIMENT THAT SELLER WOULD SUFFER IN THE EVENT THAT BUYER DEFAULTS AND FAILS TO COMPLETE THE PURCHASE OF THE PROPERTY IS AND WILL BE, AS SELLER'S SOLE AND EXCLUSIVE REMEDY (WHETHER AT LAW OR IN EQUITY), AN AMOUNT EQUAL TO THE DEPOSIT (WHICH INCLUDES ANY ACCRUED INTEREST THEREON). SAID AMOUNT WILL BE THE FULL, AGREED AND LIQUIDATED DAMAGES FOR THE BREACH OF THIS AGREEMENT BY BUYER, ALL OTHER CLAIMS TO DAMAGES OR OTHER REMEDIES BEING HEREIN EXPRESSLY WAIVED BY SELLER. THE PAYMENT OF SUCH AMOUNT AS LIQUIDATED DAMAGES IS NOT INTENDED AS A FORFEITURE OR PENALTY WITHIN THE MEANING OF OREGON LAW, BUT IS INTENDED TO CONSTITUTE LIQUIDATED DAMAGES TO SELLER. UPON DEFAULT BY BUYER, THIS AGREEMENT WILL BE TERMINATED AND, EXCEPT FOR BUYER'S INDEMNITY OBLIGATIONS UNDER PARAGRAPHS 23 AND 24 WHICH MAY BE ENFORCED BY SELLER IN ADDITION TO COLLECTION AND RETENTION BY SELLER OF BUYER'S DEPOSIT AS PROVIDED HEREUNDER) NEITHER PARTY HAS ANY FURTHER RIGHTS OR OBLIGATIONS HE UNDER, EACH TO THE OTHER EXCEPT FOR THE RIGHT OF SELLER T. C. •.CT SUCH LIQUIDATED DAMAGES FROM BUYER AND ESCROW HOLDER. A Buyer's Initials: Seller's I . s: h ,i 26. Assignment: Buyer will not assign this Agreement without obtaining Seller's prior written consent, which consent may be withheld by Seller in its sole and absolute discretion for any reason whatsoever. Any attempted assignment without Seller's prior written consent will, at Seller's option, be voidable and constitute a material breach of this Agreement. No assignment shall be effective against Seller until Buyer delivers to Seller a fully executed copy of the assignment instrument, which instrument must be satisfactory to Seller in both form and substance and pursuant to which the assignee assumes and agrees to perform for the benefit of Seller the obligations of Buyer under this Agreement, and pursuant to which the assignee makes the warranties and representations required of Buyer under this Agreement and such other representations and warranties as Seller may reasonably require. 27. Miscellaneous: 27.1 Counterparts. This Agreement may be executed in counterparts. 27.2 Partial Invalidity. If any term or provision of this Agreement shall be deemed to be invalid or unenforceable to any extent, the remainder of this Agreement will not be affected PAGE 17 - AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS f: \3 \31018 \62 \boalist4.agt, 03/16/94 (1:40pm) ' t • • • thereby, and each remaining term and provision of this Agreement will be valid and be enforced to the fullest extent permitted by law. 27.3 Possession of the Property. Seller will deliver possession of the Property to Buyer upon the Close of Escrow, subject to the right of any tenants. 27.4 Waivers. No waiver of any breach of any covenant or provision contained herein will be deemed a waiver of any preceding or succeeding breach thereof, or of any other covenant or provision contained herein. No extension of time for performance of any obligation or act will be deemed an extension of the time for performance of any other obligation or act except those of the waiving party, which will be extended by a period of time equal to the period of the delay. 27.5 Successors and Assigns. This Agreement is binding upon and inures to the benefit of the permitted successors and assigns of the parties hereto. 27.6 Professional Fees. In the event of the bringing of any action, arbitration or suit by a party hereto against another party hereunder by reason of any breach of any of the covenants, agreements or provisions on the part of the other party arising out of this Agreement, then in that event the prevailing party will be entitled to have the recovery of and from the other party all costs and expenses of the action, arbitration or suit, actual attorneys' fees (including the allocated costs of Seller's in- house counsel), witness fees and any other professional fees resulting therefrom. 27.7 Entire Agreement. This Agreement (including all Exhibits attached hereto) constitutes the entire contract between the parties hereto and may not be modified except by an instrument in writing signed by the party to be charged. This Agreement supersedes any written or oral agreement between the parties, including the Earnest Money Receipt, Offer and Acceptance dated February 9, 1994, and subsequent addenda thereto, entered into prior to the date of this Agreement. 27.8 Time of Essence. Seller and Buyer hereby acknowledge and agree that time is strictly of the essence with respect to each and every term, condition, obligation and provision hereof. 27.9 Construction. This Agreement has been prepared by Seller and its professional advisors and reviewed by Buyer and its professional advisers. Seller and Buyer and their respective advisors believe that this Agreement is the product of all of their efforts, that it expresses their agreement and that it should not be interpreted in favor or against either Buyer or PAGE 18 - AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS f: \3 \31018 \62 \boalist4.agt, 03/16/94 (1:40pe) • • Seller. The parties further agree that this Agreement will be construed to effectuate the normal and reasonable expectations of a sophisticated Seller and Buyer. 27.10 Governing Law. The parties hereto expressly agree that this Agreement will be governed by, interpreted under, and construed and enforced in accordance with the laws of the State of Oregon. 27.11 Confidentiality. Unless otherwise agreed to in writing by Seller and Buyer, each party will keep confidential all documents, financial statements, reports or other information provided to, or generated by the other party relating to the Property and will not disclose any such information to any person other than (i) those employed by Seller or Buyer; (ii) those who are actively and directly participating in the evaluation of the Property and the negotiation and execution of this Agreement or financing of the purchase of the Property and (iii) governmental, administrative, regulatory or judicial authorities in the investigation of the compliance of the Property with applicable legal requirements. However, Buyer expressly covenants and agrees that it will not disclose any code compliance, environmental or other regulatory matters to governmental or other authorities without the express prior written approval by Seller. The provisions of this Paragraph will survive the termination of this Agreement other than by Closing. 27.12 Wear and Tear. Buyer specifically acknowledges that Seller will continue to use the Property in the course of its business and accepts the fact that reasonable wear and tear will occur after the date of this Agreement. Buyer specifically agrees that Seller is not responsible for repairing such reasonable wear and tear and that Buyer is prohibited from raising such wear and tear as a reason for not consummating this transaction or for requesting a reduction in the Purchase Price. 28. Additional Terms: A rider containing additional terms IS X IB NOT annexed hereto. 29. Statutory Disclaimer: THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS, WHICH, IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE AND WHICH LIMIT LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 IN ALL ZONES. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND EXISTENCE OF FIRE PROTECTION FOR STRUCTURES. PAGE 19 - AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS f: \3 \31018 \62 \boalist4.agt, 03/16/94 (1:40pe) ' f J . • • IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year hereinabove written. "BELLER" "BUYER" BANK OF AMERICA OREGON VIP's dustries, ncorp"orated ,i7_2___.,, _ By: de I By: Name: iVJ Name: Steve Johnson Tit - 1112IMP a - •mo t Title: V:ipzer President By: / !�� / 1 = .. - • 119 . , 1Or /P5 0,rn-Irrrh Title: (F.r'7 .,- f'jtr. ?cyhre r, 0 PAGE 20 - AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS f: \3 \31018 \62 \boalist4.agt, 03/16/94 (1:40po) r t • • EXHIBIT A LEGAL DESCRIPTION [Intentionally Omitted] - PAGE 21 - AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS f: \3 \31018 \62 \boalist4.agt, 03/16/94 (1:40pm) EXHIBIT B FORM OF DEED RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: VIP's Industries Incorporated P. O. Box 2508 Salem, OR 97308 Attention: Steve Johnson, President MAIL TAX STATEMENTS TO: Same as above (Above Space For Recorder's Use Only) STATUTORY WARRANTY DEED BANK OF AMERICA OREGON, Grantor, conveys and warrants to VIP's Industries, Incorporated, Grantee, the real property described in Exhibit A attached hereto and incorporated herein by reference free from all encumbrances except those easements, rights -of -way, restrictions, conditions and encumbrances of record. The true and actual consideration for this conveyance is $400,000.00. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING AND ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. DATED: , 1994. BANK OF AMERICA OREGON By: Name: Title: By: Name: Title: PAGE 22 - AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS f: \3 \31018 \62 \boalist4.agt, 03/16/94 (1:40po) fi . '.. • • • EXHIBIT C Seller's FIRPTA Affidavit CERTIFICATION OF NON - FOREIGN STATUS Section 1445 of the Internal Revenue Code provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person. To inform the transferee that withholding of tax is not required upon the disposition of a U.S. real property interest by Bank of America Oregon ("Transferor "), the undersigned hereby certifies the following on behalf of Transferor: 1. Transferor is not a foreign corporation, foreign partnership, foreign trust and foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations); 2. Transferor's U.S. employer identification number is 93- 0726262; and 3. Transferor's office address is Bank of America Oregon, c/o Bank of America NT &SA, 560 Davis Street, San Francisco, California 94111. Transferor understands that this certification may be disclosed to the Internal Revenue Service by transferee and that any false statement contained herein could be punished by fine, imprisonment or both. Under penalties of perjury I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct and complete, and I further declare that I have authority to sign the document on behalf of the Transferor. BANK OF AMERICA OREGON By: Name: Title: By: Name: Title: PAGE 23 - AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS f: \3 \31018 \62 \boelist4.egt, 03/16/94 (1:40po) • _ Ill Seller's FIRPTA Affidavit CERTIFICATION OF NON - FOREIGN STATUS Section 1445 of the Internal Revenue Code provides that a of a U.S. real property interest must withhold tax if the transferor is a foreign person. To inform the transferee that withholding of tax is not required upon the disposition of a U.S. real property interest by Bank of America Oregon ( "Transferor "), the undersigned hereby certifies the following on behalf of Transferor: 1. Transferor is not a foreign corporation, foreign partnership, foreign trust and foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations); 2. Transferor's U.S. employer identification number is 93- 0726262; and 3. Transferor's office address is Bank of America Oregon, c/o Bank of America NT &SA, 560 Davis Street, San Francisco, California 94111. Transferor understands that this certification may be disclosed to the Internal Revenue Service by transferee and that any false statement contained herein could be punished by fine, imprisonment or both. Under penalties of perjury I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct and complete, and I further declare that I have authority to sign the document on behalf of the Transferor. BANK OF AMERICA OREGON By: !► Name. impr��mm20 Title: i'c.g- ''ESioEA.rr BY: JIM Title: cHAIgMAIJ A4?Jr Gef) f: \3 \31018 \62 \firpta.doc 0 0 4E1 ,, W IT W BORDERS ` S I • I r , // LEHMANN 1- 1 + m D Z N CORAL 8T SITE _ MIIIIIIII LOCUST ST 11111 ■ ill MAPLELEAF ST s t • I OAS_ _ _ opit mr1 SHADY LN -. 1 I I r � PRUCE 5 / 179.0 N._119° b 3' W. 557.5 5295 0 . / 1005 1 000 I 1 1004 1003 1 10( • % .2/ Ac. .6 /Ac. .35Ac. .35 Ac .35 SEE MAP • / 1 O el IS I 26C / N w _1 / �I 3 / 1006 3 • / ./84c. o 1 i / los 4 6.5 86 677 ' / . S. 99 ° 53 j E. 1 '°' 1 / /TERM. 650 t • LEHMANP V / • / ? Ac. 3'1 2 56. If0.3' • ,� 3302 3301 3200 .38Ac. .38Ac. .38 Ac. 9 /'�� ' 4 i I % ' a o / o / 43 5 5 1 / 6 ' 1,41 y / o V o 1.j � Q�' 1n h 2 6 Y. 6' 19c.3' t / !' ° . 350 D 3700 , / / / 43, 43Ac. j _ (CSNo.I t 0 w �� `�, 4 S . l�! / �' 3 R 6.d 95.15' 95.15' f 1 \ / / _rE01w. 1 6 a o i S.W. a C. R. 1630 in / N % ' } VATE •OAD 12.491 1 95.16' 95.15' 1 .95.1 a 95.15' . 1 40.3' / ,9 1111 4500 4400 I 4200 4 4601 3B Ac 774c. 1 ./ a $ .28Ac. .55 AC. / a / • _ j f 6 4600 t 7 I E s pl 79 .z ..ft. _ i 4602 I I of „ ./liar. � 197. 95.1j' 96.15' 1 N N 4700 4701 4800 4601 C 40.6 • o .42 Ac. .44 Ac. 47 Ac 30 Ac „ 4 � 5000 5100 / cg .38Ac. .39.4c. / 0: ci e9_ / ici - 4 _ I _ / S1 1 �' f Tull ' 1: SI / oli oI r- 33 246.d • 1 96.15' IW . I / v 1 t.+ *Lit -- —_ c /S 4266C . III • AFFIDAVIT OF MAILING STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, 1510V4 I" LL( 4R' ._ , being first duly sworn /affirm, on oath depose and say: (Please print) ( ��� That I am a (x �iVl�l E�- LXe) r Cf for The City of Tiga d, Oregon. J That I served NOTICE OF PUBLIC HEARING FOR: That I served NOTICE OF DECISION FOR: +.- am ity of Tigard Planning Director Tigard Planning Commission Tigard Hearings Officer Tigard City Council A copy (Public Hearing Notice /Notice of Decision) of which is attached (Marked Exhibit "A ") was mailed to each named pers ns at the addres shown on the attached list marked exhibit "B" on the 2 v^ day of — (,LS1 19 .q y , said notice NOTICE OF DECISION as hereto attached, was post on an appropriate bulletin board on the day of , 19 ; and de o i ed in the United States Mail on the day of , 19 , postage prepaid. �� �J r epared Notice Subscribed and sworn /affirmed before me on the he day of !� ,.., 1 � �';` OFFICIAL SEAL ti / ♦: 4�1a1 ?9: C.9. JELT)E? StS t i . i i _ N• ,L g.. /_ _ 41 "' N• GO PUBLIC OF * PI07ARY PUBLIC•OFEG4� ' COMS915SIOM1lId0.OJ8977 My Commission Ex• es klY COMMISSION EXPIRES i_EP7. 7. 39 • • E> ;4 A N O T I C E • O F P U B L I C H E A R I N G NOTICE IS HEREBY GIVEN THAT THE TIGARD PLANNING COMMISSION, AT ITS MEETING ON MONDAY, August 22, 1994, 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: SDR 94 -0008 FILE TITLE: VIPS /Bank of America APPLICANT: Steven Johnson OWNER: Bank of America VIPS Industries 315 Montgomery St. 280 SE Liberty St. San Francisco, CA 94101 Salem, OR 97301 (503) 585 -6221 REQUEST: SITE DEVELOPMENT REVIEW SDR 94 -0008 VIPS /BANK OF AMERICA An appeal of a Director's Decision approving a 56 unit motel with morning breakfast service. Specifically conditions 1 and 2 relating to right -of -way dedication and street improvements. LOCATION: 9575 SW Locust Avenue (WCTM 1S1 26DC, tax lots 4700 and 4701). APPLICABLE APPROVAL CRITERIA: Community Development Code Chapters 18.32, 18.64, 18.96, 18.100, 18.102, 18.106, 18.108, 18.114, 18.120, 18.150, and 18.164. ZONE: C -P (Professional Commercial) The C -P zoning district permits a range of professional and personal services. The zone allows transient lodging and restaurant facilities. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER 18.30. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL 639 -4171, EXT. 356 (VOICE) OR 684 -2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE PLANNING COMMISSION WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER; OPEN THE PUBLIC HEARING; AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE PLANNING COMMISSION MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION, OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION AFTER August 2, 1994 , ANY PARTY IS ENTITLED TO ti • • REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN DAYS AFTER THE HEARING. INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE COMMISSION WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST OR FAILURE TO PROVIDE SUFFICIENT SPECIFICITY TO AFFORD THE DECISION MAKER AN OPPORTUNITY TO RESPOND TO THE ISSUE PRECLUDES AN APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE -NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TEN CENTS PER PAGE. AT LEAST SEVEN DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TEN CENTS PER PAGE. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER Mark Roberts AT 639 -4171, TIGARD CITY HALL, 13125 SW HALL BLVD., TIGARD, OREGON. L IIII 1 ' i d f NI 1:i1111i. i'll ILINNIAIIII V I I! r ! lir III ISIIIIIIMIII ' 111 (R ..111111: IDCD$T 11 0111111111111 IMP II wraeaur R /t/V %Pr AIIII MI b li l l i ii A1i VII ■ SHAD. .. 11 .., I__ 15 ,4 6 • .1111. 1S135BA -00102 1S126C0 -1401 FRINGE LAND ORE LTD 9585 SW WASHINGTON SQ RD PO BOX 21545 SEATTLE WA 98111 1S135AB- 04400. 1S135A8 -04500 SF OREGON CO, LTD SF OREGON CO, LTD BY MELVIN MARK BROKERAGE CO BY MELVIN MARK BROKE GE CO 10220 SW GREENBURG ROAD 10220 SW GREENS OAD • SUITE 150 SUITE 150 PORTLAND OR 97223 PORTLAND OR 97223 1S135AB -04600 1S126DC -04400 SF OREGON CO, LTD MARTIN, ROBERT CLARE BY MELVIN MARK BRO GE CO THELMA M 10220 SW GREENB .ROAD 7119 SW TAYLORS FERRY RD SUITE 150 PORTLAND OR 97223 PORTLAND OR 97223 • 1S126DC -04500 1S126DC -04600 DRINKARD, LILLIAN BOIVIN, CARLA S 9520 SW CORAL 9990 SW GREENBURG RD PORTLAND OR 97223 TIGARD OR 97223 1S126DC -04601 1S126DC -04602 PROGRESS GRAPHICS INC BOIVIN, CARLA S 9970 SW GREENBURG RD 9990 SW GREENS TIGARD OR 97223 TIGARD OR 97223 1S126DC -04700 1S126DC -04701 SEAFIRST CORP SEAFIRST CORP BY BANK OF AMERICA OREGON BY BANK OF/ OREGON CORPORATE RE CORPORATE PO BOX 6400 -UNIT 12814 PO BOX 6 -UNIT 12814 PORTLAND OR 97228 PORTLAND OR 97228 1S126DC -04800 1S126DC -04801 MILLER, BRUCE H AND MILLER, BRUCE H MATHESON, ROBERT T AND MATHESON, RORER BARER, DIANE R BARER, DIANE 9495 SW LOCUST 9495 SW ST ST PORTLAND OR 97223 PORTLAND OR 97223 1S126DC -04900 ..Ys t• s;v uvua.trxcx • BBH INVESTMENTS OOE'AO —DG I2t 9445 SW LOCUST 2THSMT23VHI HEH TIGARD OR 97223 T2UOOJ W2 c'. �e ESE\ E Ho Q$A IT STEVEN JOHNSON — VIPS INDUSTRIES — 280 SE LIBERTY ST - SALEM OR 97301 • BANK OF AMERICA 315 MONTGOMERY ST • SAN FRANCISCO CA 94101 1S135BA -00102 I/ 1S126C0 -140 FRINGE LAND ORE LTD 9585 SW WASHINGTON SQ RD PO BOX 21545 SEATTLE WA 98111 1S135AB -04400 1S135AB -04500 SF OREGON CO, LTD SF OREGON CO, LTD BY MELVIN MARK BROKERAGE CO BY MELVIN MARK BROKERAGE CO 10220 SW GREENBURG ROAD 10220 SW GREENBURG ROAD SUITE 150 SUITE 150 PORTLAND OR 97223 PORTLAND OR 97223 1S135AB -04600 1S126DC -04400 SF OREGON CO, LTD MARTIN, ROBERT CLARE BY MELVIN MARK BROKERAGE CO THELMA M 10220 SW GREENBURG ROAD 7119 SW TAYLORS FERRY RD SUITE 150 PORTLAND OR 97223 PORTLAND OR 97223 1S126DC -04500 1S126DC -04600 DRINKARD, LILLIAN BOIVIN, CARLA S 9520 SW CORAL 9990 SW GREENBURG RD PORTLAND OR 97223 TIGARD OR 97223 1S126DC -04601 1S126DC -04602 PROGRESS GRAPHICS INC BOIVIN, CARLA S 9970 SW GREENBURG RD 9990 SW GREENBURG RD TIGARD OR 97223 TIGARD OR 97223 1S126DC -04700 1S126DC -04701 SEAFIRST CORP SEAFIRST CORP BY BANK OF AMERICA OREGON BY BANK OF AMERICA OREGON CORPORATE RE CORPORATE RE PO BOX 6400 -UNIT #2814 PO BOX 6400 -UNIT #2814 PORTLAND OR 97228 PORTLAND OR 97228 1S126DC -04800 1S126DC -04801 MILLER, BRUCE H AND MILLER, BRUCE H MATHESON, ROBERT T AND MATHESON, ROBERT T BAKER, DIANE R BAKER, DIANE R 9495 SW LOCUST 9495 SW LOCUST ST PORTLAND OR 97223 PORTLAND OR 97223 1S126DC -04900 BBH INVESTMENTS 9445 SW LOCUST TIGARD OR 97223 • o, ,,,,� REQUEST FOR COMMENTS TO: ?r ]' p ��G=���V \ DATE: May 18, 1994 FROM: Tigard Planning Department RE: SITE DEVELOPMENT REVIEW SDR 94 -0008 VIPS /BANK OF AMERICA LOCATION: 9575 SW Locust Avenue (WCTM 1S1 26DC, tax lots 4700 and 4701). To construct a 56 unit motel with morning breakfast service. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.64, 18.96, 18.100, 18.102, 18.106, 18.108, 18.114, 18.120, 18.150, and 18.164. ZONE: C -P (Professional Commercial) The C -P zoning district permits a range of professional and personal services. The zone allows transient lodging and restaurant facilities. Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by May 30, 1994. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639 -4171. STAFF CONTACT: Mark Roberts PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written Comments: Name of Person Commenting: Phone Number: l L A/ NOTIFICATION LIST FOR ALL APPLICATIONS 64 .�(�Ql,r 4vaPeI-G (,t i pA' r,a j o 5 -1 •-ki e 5 v�cvre a q ( 1. CIT (2) copies _ CPO NO. v 2. -- DEPARTMENTS Building Official /Dave S. arks & Recreation Board P • • City Recorder p/ Field Operations Engineering /Michael A. Permits Facilitator /Jerree G. )4L (Long Range Planning /Carol 3. SFE:IAL DIS_ (CTS Fire District (pick -up box) Tigard Water Department _ 8777 SW Burnham St. Tigard, OR 97223 1./.--- Tualatin Valley Water District Unified Sewerage Agency /SWM Program - 6501 SW Taylors Ferry Rd. 155 N. First Sc. Tigard, OR 97223 Hillsboro, OR 97124 4. AFFECTED JURISDICTIONS A Wash. Co. Land Use & Transp. _ Boundary Commission 150 N. First Ave. 320 SW Stark Room 530 Hillsboro, OR 97124 Portland, OR 97204 Brent Curtis _ - Kevin Martin METRO - GREENSPACES PROGRAM _ Mike Borreson Mel Huie (CPA's /ZOA's) _ Scott King 600 NE Grand Fred Eberle ! _�,� N�pr� Portland, OR 97232 -2 - 36 I�p WI Wa.� ` 1 : �/LC I DLCD (CPA's / =2A's) City of Beaverco. 1175 Court S ... NE _ Jim Hendryx - Principal Planner Salem, OR 97110 -0590 PO Box 4755 Beaverton, OR 97076 Ocher _ City of King City _ City of Durha. - . City Manager City Manager 15300 SW 116th PO Box 23483 -1483 King City, OR 97224 Tigard, OR :7224 _ City of Lake Oswego City of Portland City Manager - Planning Director 380 SW A 1120 SW 5th Lake Oswego, OR 97034 / Portland, OR 97204 State Highway Division ✓/ ODOT Let.-4,2- - Bob Doran • PO Box 25412 9002 SE McLocghlin Bled. Portland, OR 97225 -0412 Milwaukie, OK 97222 City of Tualatin PO Box 369 Tualatin, OR 97062 5. S? =CIAL AGENCIES V.-General Telephone V Portland General Elec. Engineering Office Brian Moore PO Box 23416 14655 SW Old Scholls Fry. / T ;gard, OR 97281 -3416 Beaverton, OR 97007 V Natural Gas Metro Area Communications - Scott Palmer - Jason Hewitt 220 NW Second Ave. Twin Oaks Technology Center Portland, OR 97209 1815 Nw 169th Place S -6020 Beaverton, OR 97006 -4886 TCI Cablevision of Oregon - Linda Peterson US West 3500 SW Bond St. - Pete Nelson Portland, OR 97201 421 SW Oak St. Portland, OR 97204 _ Columbia Cable (Frank Stone) 14200 SW Brigadoon Ct. L Tri -Met Transit Dev. Beaverton, OR 97005 Kim Knox 710 NE Holladay St. 6. STATE AGENCIES Portland, OR 97232 _ Aeronautics Div. (ODOT) DOGAMI _ Division of State Lands _ Commerce Dept. - M.H. Park OTHER Fish & wildlife PUC Dept. of Environ. Quality 7. FEDERAL AGENCIES _ Corps. of Engineers Post Office 8. OTHER _ Southern Pacific Transportation Company Duane M. Forney, PLS - Project Engineer 800 NW 6th Avenue, R. 324, Union Station Portland, OR 97209 0 _ • • • COMMUNITY NEWSPAPERS, INC. Legs1 : y ':;� P.O. BOX 370 PHONE (503) 684-0360 NOtI TT 7922 . BEAVERTON. OREGON 97075 z E C E I V E Legal Notice Advertising SUN 2' 1994 City of Tigard • ❑ Tearsheet Notice OF 7►GA : -----' 13125 SW Hall Blvd. or( 41,). ust Avenue • Ti g ard,Ore g on 97223 • ❑ Duplicate' Affidavit 1 ,� , W SD" . 95 S W �rhass% Neved, _ irec pY • • • - it . 'D .J "'" • d 4701). Thag bast se Chap' # lots. mod meat Cod and 1 - rWCfM 1S1• „,: 6 unit Community 6 1S 108. 1 8 .1 14 . c yv b)ect W V1Ew CR 1100.18.102 0- val Comt�mrcla ces KBLERE . P- 18 64,18 96;1 ENE; C 1) and p °na1 • ' ters 18 32L 150. a nd 18.1 4 a age of prof f acilities: • .. • AFFIDAVIT OF PUBLICATION C Y eo g d t lodSmB and resm • _ � WIWI : /■ STATE OF OREGON, ) .. ZOO 14`•`!--- oQVS tl �.•.• - ',�= COUNTY OF WASHINGTON, ) s$ . -- ✓�� , 1, Kathy Snyder ,,,% being first duly sw depose and say that I am the Advertisin�gg 0 1 �� Director, or his principal clerk, of th Tualatin T _ . OI ® ® air �l •� II, a newspaper of general circulation as defined in ORS 193.010 �`e aforesaid county 1♦1���' • and 193.020; published at Tigard in the �' �"' • •`- i coup and state; that the '- • - ` ~, ya - ' , 1� u ® 11 1 Land Partition 94 - 0008 Krukowski - ;, =; i ,�p • a printed copy of which is hereto annexed, was published in the t' y�,t�.�„ ,1.;�' -�' ��.,;• • t - .. • � t 1 . . ,.• � tie to . • entire issue of said newspaper for ONE successive • and -'* "- : �' at • consecutive in the following issu Y I `l • CC ® 111� 'T +�� : 1 .t+ . s i G ,, � III June 16,1994 T ^ ;..v� g"(11.-Cl."---- ' ' • � Subscribed and sworn to ore me thin 16th day of June ,1 ° • , , - ' ` - 11111 • - ife - seit - ,V/73 . Nota ublic for Oregon ry • f / My Commission Expires: • .Z./7 l AFFIDAVIT - b A, October 11, 1994 CITY OF TIGARD Steve Johnson, President OREGON VIPS Industries Inc. 280 SE Liberty Street P.O. Box 2508 Salem, OR 97032 Re: Second Appeal of the Pheonix Inn /SRD# 94 -0008 Dear Steve; This letter is in response to the second appeal filed of the approval for the Pheonix Inn proposed for 8575 SW Locust, Street. This appeal has been reviewed at length with the Wash f County Department of Land Use and Transportation. County sta ate that a facility permit is not required because the City has not required public improvement work along the property frontage on SW Greenburg Road. The County states that a facility permit is required only where City conditions of approval have been applied which mandate public improvements on a County facility. Please contact Tom Harry, Associate Planner, with Washington County at 648 -8761 concerning this information. Based on the provisions for appeal, as set forth within Section 18.32,290 (B) of the Community Development Code, there is no further public hearing review process after the Planning Commission has conducted a hearing of a director's decision. A public hearing before the City Council, for this type of decision, could have been called by the Council during the original appeal period or if the appeal was directed to the Council by the Planning Commission. Because the Council did not elect to review the decision during the orginal appeal period and the Planning Commission did not direct the decision to the Council a further appeal would be heard by the Land Use Board of Appeals. For these reasons we recommend that you request a refund for the portion of the unused processing fee for this second appeal. Please feel free to contact me concerning this information. Sincerely, / / 44 0 , 6'4 ) / Mark Roberts Assistant Planner, AICP CC: Bill Monahan Dick Bewersdorff 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 TDD (503) 684 -2772 ,. 0V19/94 16:35 V503 7297 CITY OF TIGARD ' 10002002 LAND USE DECISION APPEAL FILING FORM The City of Tigard supports the citizen's right to / 4 �� participate in local government. Tigard's Land Use .�''• Code therefore sets out specific requirements for CITY OF TIGAR D filing appeals on certain land use decisions. The following form has been developed to assist you in OREGON filing an appeal of a land use decision in proper form. To determine what filing fees will be required or to answer any questions you have regarding the appeal process, please contact the Planning Division or the City Recorder at 634 -4171, 1. APPLICATION BEING APPEALED: Notice of Final Order - By Planning Commission concerning case #SDR 94 -008 Z. HOW DO YOU QUALIFY AS A PARTY: VIP'S Industries, Inc. is the Applicant 3. SPECIFIC GROUNDS FOR APPEAL OR REVIEW: Required Conditions of Approval #I and #II on pages 5 and 6 of the "Notice of Final Order -By Planning Commission" (1) are not justified by the facts, and ., - -. - .1.. !h. . ._ ' _ e • o•, . -_. _e 0 s.•0 . - . d U.S. Constitutions, specifically the 5th and 14th Amendments of the U.S: Constitution, and constitute an unfair taking of private property under the U.S. Supreme Court case of Dolan v. The City of Tigard, and (3) are contrary to the City's position on the very same issues and are incon- sistent with the City's jurisdiction to impose development conditions concerning this particular parcel. 4. SCHEDULED DATE DECISION IS TO BE FINAL:_ 9/21/94 5. DATE NOTICE OF NL A D GIVEN:/94 VIP FI S In ustries , WAS Inc. / 6. SIGNATURE(S): By: \ % ° *x41~-x44044 x xa( 44WM x x 441 • ,.- x-x j * x x x • x-x-x x **x -x-x_)( FOR OFFICE USE ONLY: Re By: /1 %1I Date: 9LJI ime : Approved As To Form By: *A Date: _ Time: Denied As To Form By: 7 l / Date: 4c _e g_f Time: Receipt No. Amount: t - 904- x **xatx*- KiHetx*-x-*-x x •x-x *x-14- x4-X-*Xx** X aFx** -x- - ***itai x* 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 TDD (503) 684 -2772 • l 0,144', . / . f ,1�� 4 keAti■col P IJ e_ ecv Q l oo • 110D'DONNELL RAMIS CRE41/41) CORRIGAN &BACHRACH JEFF H. BACHRACH ATTORNEYSAT LAW CLACKAMAS OUNTYOFFICE THEODORE W. BAIRD . 1727 N.W. Hoyt Street 181 N. Grant, Suite 202 PAMELA'. BEERY Portland, Oregon 97209 Canby, Oregon 97013 - MARK L. BUSCH - (503) 266 -1149 • DOMINIC G. COLLETTA ** _ TELEPHONE: (503) 222 -4402 CHARLES E. CORRIGAN* FAX: (503) 243 -2944 STEPHEN F. CREW GARY FIRESTONE PLEASEREPLYTO PORTLANDOFFICE JAMES M. COLEMAN G. FRANKHAMMOND• Special Counsel WILLIAM A. MONAHAN MARK P. O'DONNELL TIMOTHY V. RAMIS WILLIAM'. STALNAKER September 13, 1994 TY K. WYMAN • ALSO ADMITTEDTO PRACIICEIN WASHINGTON ▪ ADMITTEDTO PRACTICEIN CALIFORNIAONLY • David C. Noren, Esq. Washington County Counsel 340 Public Services Building 155 North First Avenue Hillsboro, OR 97124 Re: Washington County Department of Land Use and Transportation Comment - Phoenix Inn Motel, 9575 SW Locust Street (off Greenburg Road) Dear David: This is a follow -up to our telephone conversation of September 13. As we discussed in that conversation, if this request is more appropriately directed to Dan Olsen, please feel free to hand this letter to him with a request that he respond instead. • I am attaching a copy of the "Required Conditions of Approval" submitted as comments by Washington County Department of Land Use and Transportation on the applicant's proposal to locate a Phoenix Inn at the above address on SW Locust. Apparently the project proposes access off of Locust rather than off of Greenburg, but Washington County has determined that a Facility Permit is nevertheless required. The applicant has raised concerns about the Washington County conditions appearing on page 6 of the attached staff report (items 1 and 2 at the top of the page) requiring dedication of Greenburg Road frontage and a waiver of remonstrance for the formation of a local improvement district for the improvement of Greenburg Road. As you can see from the findings of fact beginning on page 2 and continuing to page 3 of the staff report, the applicant submitted a traffic study which documented 34 vehicle trips per peak hour, which differed significantly from the 207 vehicle trips per peak hour that the City of Tigard's Hall /Greenburg /Scholls Area Traffic Needs Study Report prepared by Parametrix in January 1994 O'DONNELL RAMIS CREW N 414/ CORRIGAN & BACHRACH David C. Noren, Esq. September 13, 1994 Page 2 determined would occur as a result of development of this site. Based upon this information, and upon our advice, the City of Tigard staff revised its draft requirement for dedication along Greenburg to require only that the site plan take the ultimate right -of -way of Greenburg Road into consideration by placing only landscaping in the ultimate right -of -way area for Greenburg Road, thus minimizing disruption to the site and expense to the City or County in the event a condemnation or other acquisition for the road would be required. The Phoenix Inn approval raises two questions with respect to Washington County's conditions of approval submitted to the City of Tigard. 1. Since a Washington County Facility Permit is required in any case, what is the reasoning behind requiring the City of Tigard to impose a dedication requirement? It appears Washington County may be able to impose such a requirement directly through its process. 2. Has Washington County considered the impact of Dolan in determining that such dedication might be warranted in this case? I understand that you do not have any kind of uniform approach, and like you, we are advising many of our clients to undertake a case -by -case analysis to determine whether rough proportionality is likely to be met based on the evidence we are aware would be introduced at a hearing on an appeal of our conditions. Similar requirements are being imposed indirectly by the Unified Sewerage Agency in the drainage context, and for that reason I am also forwarding a copy of this letter to Lori Skurdahl, not with a specific request that she take any action, but to alert her to the City of Tigard's concern. I will get in touch with her when a similar situation presents itself as a result of a USA - imposed dedication or other condition of approval in the City of Tigard. Thank you for your consideration of this matter. Please let me know your thinking. It is my understanding that the Phoenix Inn proposal is at the final order stage and an appeal is imminent from O'DONNELL RAMIS CREW 411111 41410 CORRIGAN & BACHRACH • David C. Noren, Esq. September 13, 1994 Page 3 the applicant, so your early attention to this matter will be appreciated. Sincerely, Pamela J. Beery PJB /jh Enclosure cc: Bill Monahan, City of Tigard (w /o enclosure) Mark Roberts, City of Tigard (w /o enclosure) Lori Skurdahl, Unified Sewerage Agency (w /enclosure) Dan Olsen, Washington County Counsel (w /enclosure) 90024 /j1h /NOREN.LT1 • • s From: FINANCE /KATHY_K Subject: A phone message for you! To: CATHY X -To: Cathy Date: 25 Oct- 94 -1 -7- :_25150 _ I got this call in error and you were on the phone. Bill Colton VIPS Industries 241 -0221 RE: Request for refund of filing -fee \ Thanks! • •O'DONNELL RAMIS CREVVS CORRIGAN &BACHRACH JEFF H. BACHRACH ATTORNEYSAT LAW CLACKAMA - THEODORE W. BAIRD 1727 N.W. Hoyt Street 181 N. Grant, Suite 202 PAMELA). BEERY Portland, Oregon 97209 Canby, Oregon 97013 MARK L. BUSCH (503) 266 -1149 DOMINIC G. COLLETTA ** TELEPHONE: (503) 222 -4402 CHARLES E. CORRIGAN* FAX:(503) 243 -2944 STEPHEN F. CREW GARY FIRESTONE PLEASEREPLYTO PORTLANDOFFICE JAMES M. COLEMAN G. FRANKHAMMOND* Special Counsel WILLIAM A. MONAHAN MARK P. O'DONNELL TIMOTHY V. RAMIS WILLIAM]. STALNAKER September 13, 1994 TY K. WYMAN RECEIVED PLANNING • ALSO ADMITTEDTO PRACTICEIN WASHINGTON ADMITTEDTO PRACTICEIN CALIPORNIAONLY SE P 16 1994 David C. Noren, Esq. Washington County Counsel 340 Public Services Building 155 North First Avenue Hillsboro, OR 97124 Re: Washington County Department of Land Use and Transportation Comment - Phoenix Inn Motel, 9575 SW Locust Street (off Greenburg Road) Dear David: This is a follow -up to our telephone conversation of September 13. As we discussed in that conversation, if this request is more appropriately directed to Dan Olsen, please feel free to hand this letter to him with a request that he respond instead. I am attaching a copy of the "Required Conditions of Approval" submitted as comments by Washington County Department of Land Use and Transportation on the applicant's proposal to locate a Phoenix Inn at the above address on SW Locust. Apparently the project proposes access off of Locust rather than off of Greenburg, but Washington County has determined that a Facility Permit is nevertheless required. The applicant has raised concerns about the Washington County conditions appearing on page 6 of the attached staff report (items 1 and 2 at the top of the page) requiring dedication of Greenburg Road frontage and a waiver of remonstrance for the formation of a local improvement district for the improvement of Greenburg Road. As you can see from the findings of fact beginning on page 2 and continuing to page 3 of the staff report, the applicant submitted a traffic study which documented 34 vehicle trips per peak hour, which differed significantly from the 207 vehicle trips per peak hour that the City of Tigard's Hall /Greenburg /Scholls Area Traffic Needs Study Report prepared by Parametrix in January 1994 O'DONNELL RAMIS CREW 11/ 111 COJ RIGAN & BACHRACH David C. Noren, Esq. September 13, 1994 Page 2 determined would occur as a result of development of this site. Based upon this information, and upon our advice, the City of Tigard staff revised its draft requirement for dedication along Greenburg to require only that the site plan take the ultimate right -of -way of Greenburg Road into consideration by placing only landscaping in the ultimate right -of -way area for Greenburg Road, thus minimizing disruption to the site and expense to the City or County in the event a condemnation or other acquisition for the road would be required. The Phoenix Inn approval raises two questions with respect to Washington County's conditions of approval submitted to the City of Tigard. 1. Since a Washington County Facility Permit is required in any case, what is the reasoning behind requiring the City of Tigard to impose a dedication requirement? It appears Washington County may be able to impose such a requirement directly through its process. 2. Has Washington County considered the impact of Dolan in determining that such dedication might be warranted in this case? I understand that you do not have any kind of uniform approach, and like you, we are advising many of our clients to undertake a case -by -case analysis to determine whether rough proportionality is likely to be met based on the evidence we are aware would be introduced at a hearing on an appeal of our conditions. Similar requirements are being imposed indirectly by the Unified Sewerage Agency in the drainage context, and for that reason I am also forwarding a copy of this letter to Lori Skurdahl, not with a specific request that she take any action, but to alert her to the City of Tigard's concern. I will get in touch with her when a similar situation presents itself as a result of a USA - imposed dedication or other condition of approval in the City of Tigard. Thank you for your consideration of this matter. Please let me know your thinking. It is my understanding that the Phoenix Inn proposal is at the final order stage and an appeal is imminent from O'DONNELL RAMIS CREW • CQRRIGAN & BACHRACH David C. Noren, Esq. September 13, 1994 Page 3 the applicant, so your early attention to this matter will be appreciated. Sincerely, Pamela J. Beery PJB /jh Enclosure cc: Bill Monahan, City of Tigard (w /o enclosure) Mark Roberts, City of Tigard (w /o enclosure) Lori Skurdahl, Unified Sewerage Agency (w /enclosure) Dan Olsen, Washington County Counsel (w /enclosure) 90024 /jlh /NOREN.LT1 It . MEMORANDUM CITY OF TIGARD, OREGON TO: Planning Commission FROM: Mark Roberts, Assistant Planner �"L' DATE: August 22, 1994 SUBJECT: Vips Motel Appeal On June 17, 1994 a decision recommending approval for a 56 room motel was issued for a vacant property at the south east corner of Locust Avenue and Greenburg Road. On June 27, 1994 the applicant appealed two of the conditions of approval related right -of -way dedication and street improvements along the site's SW Greenburg Road frontage. These conditions of approval required that the applicant dedicate and improve the site's street frontage along SW Greenburg Road to the ultimate right -of -way width which is 49 feet from street centerline. This improvement would require approximately 17 feet of additional right -of -way and street improvement construction. A traffic study for the SW Greenburg Road and SW Hall Boulevard area was recently completed. The study recommended that within 1 -3 years that the City acquire right -of -way along SW Greenburg Road to have a continuous roadway design of five lanes in total width along its entire length from SW Locust Avenue to SW Hall Boulevard. The study recommended this ultimate street width to provide for future capacity needs. The existing three lanes is adequate for now and likely for the next five years. The motel will have relatively small peak hour traffic and does not by itself justify a future need for five lanes. The study found that this portion of SW Greenburg Road currently operates at Level of Service C and would be expected to continue to operate at that level in the forseeable future. The motel itself will be a relatively small contributor to street capacity issues. The applicant has been required within revised conditions of approval to participate in a future local improvement district which will ensure that when widening does occur that the property owner will pay its fair share of the widening. The plan submitted by the applicant provides landscaping and parking beyond the planned ultimate right -of -way for SW Greenburg in accordance with the development criteria of the Commercial - Professional Zoning District. The City Attorney recommends that the Planning Commission uphold the applicants appeal due to the motels minimal projected impact to SW Greenberg Road. It is recommended that the Planning Commission , • VIPS Appeal Page 2 revise the Conditions of Approval to state the following: 1. The site and landscape plan shall be modified to indicate the ultimate right -of -way width of 49 feet from the centerline of SW Greenburg Road. The area of future right -of -way shall not be included when calculating the areas of landscaping and parking required to satisfy the requirements of the Community Development Code. The applicant shall provide a copy of the site boundary survey to verify the existing rights -of -way. STAFF CONTACT: Michael Anderson, Engineering Department. 2. The applicant shall sign a waiver of remonstrance against the future formation of a Local Improvement District to improve SW Greenburg Road to the ultimate street width. STAFF CONTACT: Michael Anderson, Engineering Department. �., • LAND USE DECISION APPEAL FILING FORM The City of Tigard supports the citizen's right to /�aiu-G 1i � _participate in local government. Tigard's Land Use �"�� �1I Code therefore sets out specific requirements for ,.4111 filing appeals on certain land use decisions. CITY OF TIGARD The following form has been developed to assist you in OREGON filing an appeal of a land use decision in proper form. To determine what filing fees will be required - or to answer any questions you have regarding the • appeal process, please contact the Planning Division or the City Recorder at 639 -4171. 1. APPLICATION BEING APPEALED: Si *e D2vR.VOT nev■k �Av'■Qvi – SDI c %. of g 2. HOW DO YOU QUALIFY AS A PARTY: \1\s5. "S,:r•L).S leS, X_..c - ■S AANt. N) 3. SPECIFIC GROUNDS FOR APPEAL OR REVIEW: COhLt bc AQrovo.\ \ 0a - r a -. r Se.c. " w 3^ IA- Q %..\- s‘cC A be_c (0....k `t A Q..1∎ e.r.'t - Q- gv..c Cir( .e, s A N4 `` r 4e1/4\ .h Ctek - 'Ro-rayrQNAS 1 4, c<YC ''IN A c�Q"k as Co�na.�ev.S o� AQaco\oA Qse_ ,,,,, - ,v.S,t....4 b C Qcks a.v,k C '4\sT,'4tA -t c., v..nTes:Y *- 0,x - ; cr '0) A� cptoe�rsti wn Lx 't4iioh S�c�� av\c�1 V., S , CorSV.'tv�' '$ spec. \ � .CO. \ \ (%^ ;- O N ‘k IZ vikQr�,.ne'At A 'A. \) Clv 'AA-� ∎ . la \ e■*6■tr r'\(.1 o. ;k'.ohc3 r'.q\,.'t -j \ f\Ov '(\('2 VGA Sk't Q V - 0y.c , i2, , Meh co." 'De ',v.S*:; :e..tk \,` ` P kaG'k$ 6 44\3 @w.er.'t . .v■ Gveck ) 'rr.K. (04 , Aw o*.ov. i `k'he S- Ecee't5 ¢,f.k A'''ne CASTS' 4. SCHEDULED DATE DECISION IS TO BE FINAL: (42-9 1q 5. DATE NOTICE OF FINAL DECISION WAS GIVEN: [V 7 j R I V, s iAN5lusskY. ∎9 S Iv`c. 6. SIGNATURES) :ci `• \;i, —_ C-, Cyr. Cm..–..s.4 -- X-3t-x •x -x-3E x-x -x x- X*x-x -x-x- (i(-ex-x -)( -x• (-x- X- X- X-)E-x--x-xFx -)Hf*X X)f-X X)( )(-x-X-)E-3(- x-x -x--x -x-x- 4HE 14- x-x-K-x1HEx -x X- FOR OFFICE USE ONLY: Received By: //4...8A. Date: 27X Y Time: //•'$7' Approved As To Form By: ki/l G')f Date: i mp' Time: /2:('G Denied As To Form By: Date: Time: Receipt No. Amount: X-X- X- X x- x-x- *x- x- XX-x:* * x- X- X-X. X- xxx- X) f •)EX- X- X- )Ex- x- x- X-)EX- x- E-X--* -x-)(X-) HEX- IExdHH(- x-x-X- HEX- ?(X- X- X -X-X- X- X- X- )(xXxX- X*X- x - X-)E 13125 SW Hall Blvd, P.O. Box 23397, Tigard Oregon 97223 (503) 639 -4171 • • CITY OF TIGARD NOTICE OF DECISION SITE DEVELOPMENT REVIEW SDR 94 -0008 BANK OF AMERICA - OWNERS VIPS - APPLICANT APPLICATION: A request for Site Development Review approval for a a 54 to 56 unit motel. Comprehensive Plan: Commercial Professional (C -P), Zoning: Commercial Professional (C -P) Location: 9575 SW Locust Street (WCTM 1S1 26DC, tax lot 4700 and 4701) SECTION I - DECISION: Notice is hereby given that the Planning Director's designee for the City of Tigard has APPROVED the above request subject to certain conditions. The findings and conclusions on which the decision is based are noted in Section II. Recommendations: PRIOR TO THE ISSUANCE OF A BUILDING PERMIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED OR,FINANCIALLY SECURED: 1. Additional right -of -way shall be dedicated to the Public along the SW Greenburg Road frontage to increase the right - of -way to a width of 49 feet from centerline. The applicant shall provide a copy of the site boundary survey to verify the existing rights -of -way. The description shall be tied to the existing right -of -way centerline. The dedication document shall be on City forms. Instructions are available at the public counter or from the Engineering Department. STAFF CONTACT: Diane Jelderks, Engineering Department (639- 4171) . 2. Standard half- street improvements, including concrete sidewalk, driveway apron, curb, asphaltic concrete pavement, sanitary sewer, storm drainage, streetlights, and underground utilities shall be installed along the SW Greenburg Road frontage. Improvements shall be designed and constructed to Washington County minimum street standards and shall conform to the alignment of existing adjacent improvements or to an alignment approved by the Engineering Department. The curb shall be located a minimum of 35 feet from centerline. STAFF CONTACT: Michael Anderson, Engineering Department (639- 4171). 3. The applicant shall provide street lighting along SW Locust Street in accordance with the City standards. STAFF CONTACT: John Hagman, Engineering Department (639- 4171) 4. Three (3) sets of detailed public improvement plans and profile construction 'drawings shall be submitted for preliminary review to the Engineering Department. Seven (7) IIF 410 sets of approved drawings and one (1) itemized construction cost estimate, all prepared by a Professional Engineer, shall be submitted for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. STAFF CONTACT: John Hagman, Engineering Department (639- 4171) . 5. A final grading plan shall be submitted showing the existing and proposed contours. A soils report shall be provided detailing the soil compaction requirements. STAFF CONTACT: Michael Anderson, Engineering Department (639- 4171). 6. The applicant shall provide an on -site water quality facility as established under the guidelines of Unified Sewerage Agency Resolution and Order No. 91 -47 and designed in accordance with the USA minimum standards. The maintenance of the facility shall be the responsibility of the property owner. STAFF CONTACT: Greg Berry, Engineering Department (639- 4171) 7. The applicant shall demonstrate that storm drainage runoff can be discharged into the existing drainageways without significantly impacting properties downstream. • STAFF CONTACT: Greg Berry, Engineering Department (639- 4171) 8. a) The applicant shall obtain a tree removal permit prior to removal of any trees on site in excess of six inches or more measured four feet above ground level. STAFF CONTACT: Mark Roberts, Planning Division. b) The applicant shall provide an arborist report which reviews the suitability of trees on site for preservation or relocation on site. STAFF CONTACT: Mark Roberts, Planning Division. c) The applicant shall revise the landscape plan to provide a minimum of a 15 foot buffer along portion of the property which abuts the single family residence. The applicant shall provide increased landscaping within the buffer area if less than 20 feet is provided. STAFF CONTACT: Mark Roberts, Planning Division. IN ADDITION THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE; SECTION 18.120.060 BONDING AND ASSURANCES and SECTION 18.164 STREET AND UTILITY IMPROVEMENT NOTICE OF DECISION SDR 94 -0008 - BANK OF AMERICA /VIPS PAGE 2 • STANDARDS. COPIES MAY BE OBTAINED THROUGH THE PLANNING OR ENGINEERING DEPARTMENTS. THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN MONTHS OF THE DATE OF THE FINAL DECISION. SECTION II. FINDINGS OF FACT 1. Background: The subject property was annexed to the City on April 16, 1987 through Boundary Commission Action 2344. Site Development Review #90 -0016 for a 4,600 square foot bank branch was approved for this site in 1990. That approval expired becuase the applicant did not develop the site for the approved bank. 2. Vicinity Information: The surrounding properties are zoned for Commercial Professional use and are developed with the Lincoln Center to the south. Adjoining areas to the south of Locust are developed with a mixture of professional office uses within Lincoln Center. Across the street on SW Greenburg are general commercial areas within Washington Square and a cemetary. The site adjoins an older residence and a commercial store to the north. The site also adjoins a professional office building to the east. 3. Site Information and Proposal Description: The subject parcel is approximately 37,402 square feet in size. The applicant has proposed a three story, 54 to 56 unit motel with 59 parking spaces. The floor plan currently shows two rooms to be used for maid storage which may be converted to guest room use in the future. The site is a vacant property located on the northeast corner of SW Greenburg Road and SW Locust Street. Both streets are designated as Major Collector streets. The property contains several mature deciduous and evergreen trees. The proposed architectural elevations use a smooth finish with tile accent materials along the first floor elevation to accent the main building entrance. The front elevations towards SW Greenburg and SW Locust provide prominent fascade features designed to break up the continuous height of the building roof line. 4. Agency and CIT Comments: NOTICE OF DECISION SDR 94 -0008 - BANK OF AMERICA /VIPS PAGE 3 • The Engineering Department, the Police Department, the Building Department, Tualatin Valley Water District, the Tualatin Valley Fire and Rescue, Washington County Department of Land Use and Transportation Planning and the Oregon Department of Transportation have reviewed this proposal and have provided the following comments and recommendations. The Engineering Department reviewed this application and provided the following comments: Findings: 1. STREETS: The applicant has submitted a traffic study prepared by ATEP dated May 9, 1994. In reviewing projects in this area, Engineering staff is relying on the Hall /Greenburg /Scholls Area Traffic Needs Study Report prepared by Parametrix, dated January, 1994. This report is the most comprehensive traffic review available for the area, and the ATEP study has referenced the data included in the report. The Parametrix report assumed that the subject site, when developed, would generate approximately 207 vehicles per peak hour based on new office commercial development. The traffic report submitted with the application shows that this specific development proposal will generate an estimated 34 vehicles per peak hour, substantially less than the previous report. The Parametrix report also identifies improvements needed to correct existing deficiencies and improvements that accommodate expected growth. The major growth- related improvement identified in the area of the subject site is the widening of the Greenburg bridge overcrossing of Highway 217. This bridge widening is already funded under the County's MSTIP program. Therefore, we conclude that no off - site traffic improvements are required with this development. However, SW Greenburg Road and SW Locust Street are both designated as Major Collectors. The applicant should dedicate additional right -of -way for SW Greenburg Road, a Washington County road, to a width of 49 feet as measured from centerline to comply with the requirements of of the County. The right -of -way for SW Locust Street is 70 feet and is adequate for a Major Collector. In addition, the Parametrix report re- affirms the status of SW Greenburg Road and the need to construct the road to NOTICE OF DECISION SDR 94 -0008 - BANK OF AMERICA /VIPS PAGE 4 major street standards. The applicant should be required to construct half- street improvements to widen SW Greenburg Road to 37 feet from centerline. Additional improvements required for this site development include the street lighting in both SW Greenburg Road and SW Locust Street and the sidewalk along SW Locust Street as shown on the site plan. 2. SANITARY SEWER: The site is served by the 8" public sanitary sewer located in SW Locust Street and the sewer has sufficient capacity for the development. 3. STORM SEWER: The Unified Sewerage Agency has established and the City has agreed to enforce (Resolution and Order No. 91 -47) Surface Water Management Regulations requiring the construction of on -site water quality facilities or fees in -lieu of their construction. The site plan for the proposed project provides for an on- site water quality facility that should connect to the underground system in SW Locust Street. The applicant should demonstrate that the storm drainage runoff can be discharged into the existing system without significantly affecting the properties downstream. The on -site facility should be designed in accordance with USA minimum standards. The Tualatin Valley Fire and Rescue District indicated that access was acceptable as designed for fire equipment to turn around to serve the site. The Fire District required that the site be provided with a hydrant at an acceptable location. It appeared that an acceptable location would be at the corner of SW Locust Street and SW Greenburg Road. The Washington County Department of Land Use and Transportation commented on this proposal and stated that a traffic analysis for this development proposal is being performed by the County Traffic Analyst, whose findings and recommendations will be forwarded to the City at the time of completion of the review. This review and the recommended conditions of approval which will be developed as a part of that review are required by Resolution and Order 86 -95 and Section 501- 8.2.B. of the Community Development Code. REQUIRED CONDITIONS OF APPROVAL I. PRIOR TO FINAL APPROVAL AND ISSUANCE OF A BUILDING PERMIT BY THE CITY OF TIGARD: NOTICE OF DECISION SDR 94 -0008 - BANK OF AMERICA /VIPS PAGE 5 1 A. Submit to Land Development Services (Public Assurance Staff, Tracy Stone/ Carolyne Cook, 648 - 8761): 1. Completed "Design Option" form. 2. $500.00 Administration Deposit. NOTE: Any portion of the Administration Deposit not used by Washington County for plan approval, field inspections, and contract administration will be returned to the applicant. If at any time during the project, the County's costs are higher than the amount deposited, Washington County will bill the applicant the amount needed to cover the costs. 3. Two (2) sets of complete engineering plans for the construction of the following public improvement: a. Repair concrete sidewalk to County standard along SW Greenburg Road frontage. b. Close all existing driveways • c. Any additional off -site safety improvements found to be required for compliance with R &O 86 -95 upon completion of the County's Traffic Analyst's review. B. Obtain a Washington County Facility Permit upon completion of the following: 1. Obtain Engineering Division approval and provide a financial assurance for the construction of the public improvements listed in conditions I.A.3. NOTE: The Public Assurance staff (Tracy Stone /Carolyn Cook, 648 -8761) of Land Development Services will send the required forms to the applicant's representative after submittal and approval of the public improvement engineering plans. 2. Provide evidence that the documents required by condition I.D. have been recorded. C. The following documents shall be executed and recorded with Washington County: 1. Dedicate additional right -of -way to provide 49 feet from centerline of SW Greenburg Road frontage. 2. Sign a waiver not to remonstrate against the formation of a local improvement district or NOTICE OF DECISION SDR 94 -0008 - BANK OF AMERICA /VIPS PAGE 6 • 4 • other mechanism to improve the base facility of SW Greenburg Road between SW Hall Boulevard .and State Highway 217. 3. Provide a one -foot non - access reserve strip along SW Greenburg Road frontage, except at approved access points. NOTE: Washington County Survey Division (Jamil Kamawal, 693 -4543) will send the required forms to the applicant's representative. II. PRIOR TO OCCUPANCY The road improvements required by conditions I.A.3. above shall be completed and accepted by Washington County. Northwest Natural Gas and Portland General Electric have reviewed this application and have offered no comments or objections. SECTION III. ANALYSIS AND CONCLUSION A. COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Use Classification: The applicant has indicated that the proposed use of this site is for itinerant lodging with breakfast service. Section 18.64 allows itinerant lodging within the Commercial Professional zoning district as long as a restaurant use is provided in conjunction with the lodging use. The applicant has proposed to provide continental breakfast service to guests in compliance with the restaurant service requirement. Minimum Lot Area: Section 18.62.050 states that there is a 6,000 square foot minimum lot area for parcels in the Commercial Professional zone. The average lot width of each parcel in the Commercial Professional zone is 50 feet. The site will be reconfigured as one parcel through a lot consolidation action. As a consolidated parcel the property is 37,402 square feet and a width of 176 feet which complies with lot area requirements. Development proposals within this zoning district may not exceed 85% of the site with buildings and hard surfaces. The site plan indicates that 81% of the site will be developed with impervious surfaces such as structures and parking lot areas which complies with the requirement. A minimum of 15% of the site must be landscaped. The applicant has provided 19k of the site with landscaping in compliance with this requirement. NOTICE OF DECISION SDR 94 - 0008 - BANK OF AMERICA /VIPS PAGE 7 f • Setbacks: Section 18.64 does not require building setbacks except where a property abuts a residentially zoned parcel. The Development Code also requires that applicable areas of each site comply with line of site distances for structures at the site entrance to the street. The site improvements as proposed comply with line of site distance regulations at the sites driveway onto SW Locust Street. Structures must also comply with the Special Setbacks set forth in Section 18.96 which is 30 feet from the centerline of SW Greenburg Road. The applicant has 97 feet of setback from the centerline of SW Greenburg to the edge of the proposed structure. Section 18.100 requires buffer areas for commercial uses which abut existing residential uses. Because this parcel is surrounded on three and a half sides by other properties which are developed with commercial uses a buffer area is required only along a portions of the northern property line which abuts an existing single family residence. Condition of Approval #8 requires that the site and landscape plan be amended to provide either an additional five feet of buffer area within the northeast corner of the property in compliance with the basic buffering requirement. The applicant may also amend the site plan and landscape plan to provide additional screening materials within the reduced 15 foot buffer area currently shown on the site plan. Through either design the applicant shall modify the site plan to delete parking and drive aisle uses within the 15 buffer area. Building Height. Section 18.62 states that no building shall exceed a height of 45 feet. The architectural elevations for the structure do not exceed a height of 39 feet. Minimum Off - Street Parking: Section 18.106 requires one parking space for each motel suite plus one for every two employees. Based on the proposed floor plan 57 parking spaces are required. The site plan currently provides 59 parking spaces in compliance with the requirement. Bicycle Parking: Section 18.106 requires one bicycle rack for each 15 vehicle parking spaces in any development. A minimum of 59 parking spaces are required for this proposal four bicycle racks have been provided in compliance with this requirement. Access, Egress and Circulation: Section 18.108 requires commercial development with 99 or less required parking spaces to provide a minimum access width of 30 feet and a minimum pavement width of 24 feet. The site plan complies with this requirement through a driveway located at the NOTICE OF DECISION SDR 94 -0008 - BANK OF AMERICA /VIPS PAGE 8 411 411 Code requires a minimum of one tree for every seven parking spaces. The landscape plan currently provides nine trees which provides one tree for each six and a half parking spaces. A variety of shrubs, ground cover are also required to comply with Development Code criteria for landscaped areas. Signs. Section 18.114 lists the type of allowable signs and sign area permitted in the General Commercial zone. Precise signage plans for this site shall be reviewed by the Planning Division through the sign permit process. SECTION IV. PROCEDURE 1. Notice: Notice was published in the newspaper, posted at City Hall and mailed to: XX The applicant and owners XX Owners of record within the required distance XX The affected Citizen Involvement Team Facilitator XX Affected government agencies 2. Final Decision: THE DECISION SHALL BE FINAL ON ‘ 2 ? fY UNLESS AN APPEAL IS FILED. 3. Appeal: Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.370 of the Community Development Code • which provides that a written appeal must be filed with the City Recorder within 10 days after notice is given and sent. Appeal fee schedule and forms are available at Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon. / �, �y The deadline for filing of an appeal is 3:30 p.m. 6 / z ?I / 4. Questions: If you have questions, please contact the Planning Division at 639 -4171, City of Tigard, City Hall, 13125 SW Hall Blvd., Tigard, Oregon. * W7G1.4Ag-444 07/q PREPARED BY: Mark Roberts DATE Assistant Planner A c- -- _� / 1 - , }„ice /7 qz- APPRO '1 D BY: Dick Bewersdorf f DAT Senior Planner NOTICE OF DECISION SDR 94 -0008 - BANK OF AMERICA /VIPS PAGE 10 ••• .• • 0 1 iiiiiLil___ BORDERS . - - • I _ • 'L11111111 - '-- 4!: r . i LEHMANN .-- H ±,--: 0_ _ ° Er - iii iii CORAL 0 Mill 111 III 1 1 i 1 C ; .1:1:1.2:111111111111111 IN - NI alilli, mil LOCUST ST or • • z 141 .A„ELEA„T ' <NI 1 °mill Mr I 0 • .1111111 Il All ! < ii1111111r1 Allialli 1 cl. (5 Il f,1111, 1 : 4 1111 u.. PI 4 i I r., ( - - 1 - - - - - - - - - - - • - - - 4 w SHADY LN >" 0 PLOT PLAN CASE NO. SITE DEVELOPMENT REVIEW EXHIBIT MAP #94-0008 410 011 • • - �`\ fain, IN INGrs�Y Cl. LLJ _,.. i. . T _ of .,.-10,.. ..-----. ----.......:7 •,..„. ..• , ,i...!:•: - -1 , 4171441 - -. - ' ,, - • . !. :4 • : • lq . . 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Tigard 's Land Use '^. �Uq Code therefore sets out specific requirements for ^ ^ �!,� filing appeals on certain land use decisions. CITY OF TIGARD The following form has been developed to assist you in OREGON filing an appeal of a land use decision in proper form. To determine what filing fees will be required or to answer any questions you have regarding the • appeal process, please contact the Planning Division or the City Recorder at 639 -4171. 1. APPLICATION BEING APPEALED: 5. i�e DZN t �ev■QNi - SA■ °14-00 2. HOW DO YOU QUALIFY AS A PARTY: NM& �v.WA -fleS, 3.rc. $ 'ke. NR Cawt 3. SPECIFIC GROUNDS FOR APPEAL OR REVIEW: COra Y'S a 4 \ ovN& a \r (>e.c .ov\ o. .Q Ao A . c)f ov ( - t^a � Q.1‘71er.'• SZe�v.:ceA Co4A A AROrcmitA ',0,‘ Sec' 04, /\�. - QQra� - o 1 4, ZC are '�v\C- a q o S C.ohdi,�:a�s �� \� Aw-o40,\ > est h , 4'• - .). & -k\ -.R& \il., ` ac't-S a..v.s. Ce.hS�,`K��� Q.v. .1....1.0.-.y- koxE:.A. �� Q rofo,�� c vv.�ler �1he ' ‘ce.\oh S4c,�M o.,Ak V., S , CoAcc'A.�` ,t0A5 1 Tc.',V,co. \\,A ` 6^e S. `4 NVIVIAIMAk5 A v..S. Co\INs't - NQ; itr 4 6.E olij■V.Cv■c3, r:ql,:k _j - V1o.1/4\ rov 'Ch \r C C o-e.: \'MTMe)mev5 Co.,,. be sSI \,‘ *e kac*S ) ■.nc \» \V o \,•oz von V4 so `aM2 - C•co;c. s..k dsoz.4 kl: �•nc 6 ��o�� Atk r k.ev \o‘vhe+,C v\ -■\ 6-v eq < Cov\V ∎c\wi a` =.o h i' ` ∎-, e S-k c ev`A &' - A'\nQ (ni 4. SCHEDULED DATE DECISION IS TO BE FINAL: 6(2-9 5. DATE NOTICE OF FINAL DECISION WAS GIVEN: 647 q k V►iS 'zraus* es •tv,C. 6. SIGNATURE (S) : ., \. ,•13,3,_z____. C,) 1 C c „k M(-x-X x-x-x- x-x-x-x- x-)F*-x -x... *X -x -)( *x-x x- xx x)()( x x*34*x x x x x x x x k 3f9( -x-. x x x X*M- x*x*)(_( )( )(X)()(*M FOR OFFICE USE ONLY: Received By 1 Date: 27`'YTime: / /•'S Approved As To Form By: ki4 4q_ , Date: Aar? Time: /2'" Denied As To Form By: Date: Time: Receipt No. Amount: x *x-x x- *-X x-x-x- *x-x -x-x x-x- x-H( -x-x•x x-xifx -x x* x- x- x -x- x- x-x•x- x- x-x- (-x-m-x- x -x•x -x wx x x- x- x- xiei-x-x-x -x-x x x x x-x-x -x.x *x-x x-x x*** 13125 SW Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503) 639 -4171 1S135BA -00102 411 1S126C0 -1401 1 FRINGE LAND ORE LTD 9585 SW WASHINGTON SQ RD PO BOX 21545 SEATTLE WA 98111 1S135AB -04400 1S135AB -04500 SF OREGON CO, LTD SF OREGON CO, LTD BY MELVIN MARK BROKERAGE CO BY MELVIN MARK BROKERAGE CO 10220 SW GREENBURG ROAD 10220 SW GREENBURG ROAD SUITE 150 SUITE 150 PORTLAND OR 97223 PORTLAND OR 97223 1S135AB -04600 1S126DC -04400 SF OREGON CO, LTD MARTIN, ROBERT CLARE BY MELVIN MARK BROKERAGE CO THELMA M 10220 SW GREENBURG ROAD 7119 SW TAYLORS FERRY RD SUITE 150 PORTLAND OR 97223 PORTLAND OR 97223 1S126DC -04500 1S126DC -04600 DRINKARD, LILLIAN BOIVIN, CARLA S 9520 SW CORAL 9990 SW GREENBURG RD PORTLAND OR 97223 TIGARD OR 97223 1S126DC -04601 1S126DC -04602 PROGRESS GRAPHICS INC BOIVIN, CARLA S 9970 SW GREENBURG RD 9990 SW GREENBURG RD TIGARD OR 97223 TIGARD OR 97223 1S126DC -04700 1S126DC -04701 SEAFIRST CORP SEAFIRST CORP BY BANK OF AMERICA OREGON BY BANK OF AMERICA OREGON CORPORATE RE CORPORATE RE PO BOX 6400 -UNIT #2814 PO BOX 6400 -UNIT #2814 PORTLAND OR 97228 PORTLAND OR 97228 1S126DC -04800 1S126DC -04801 MILLER, BRUCE H AND MILLER, BRUCE H MATHESON, ROBERT T AND MATHESON, ROBERT T BAKER, DIANE R BAKER, DIANE R 9495 SW LOCUST 9495 SW LOCUST ST PORTLAND OR 97223 PORTLAND OR 97223 1S126DC -04900 BBH INVESTMENTS 9445 SW LOCUST TIGARD OR 97223 • MEMORANDUM CITY OF TIGARD, OREGON TO: Mark Roberts June 16, 1994 • FROM: Michael Anderson, Development Review Engineer RE: SDR 94 -0008 VIPS /BANK OF AMERICA Description: The applicant proposes to construct a 56 unit motel at the northeast corner of SW Greenburg Road and SW Locust Street. Findings: 1. STREETS: The applicant has submitted a traffic study prepared by ATEP dated May 9, 1994. In reviewing projects in this area, Engineering staff is relying on the Hall /Greenburg /Scholls Area Traffic Needs Study Report prepared by Parametrix, dated January, 1994. This report is the most comprehensive traffic review available for the area, and the ATEP study has referenced the data included in the report. The Parametrix report assumed that the subject site, when developed, would generate approximately 207 vehicles per peak hour based on new office commercial development. The traffic report submitted with the application shows that this specific development proposal will generate an estimated 34 vehicles per peak hour, substantially less than the previous report. The Parametrix report also identifies improvements needed to correct existing deficiencies and improvements that accommodate expected growth. The major growth - related improvement identified in the area of the subject site is the widening of the Greenburg bridge overcrossing of Highway 217. This bridge widening is already funded under the County's MSTIP program. Therefore, we conclude that no off -site traffic improvements are required with this development. However, SW Greenburg Road and SW Locust Street are both shown on the City Comprehensive Plan as Major Collectors. The applicant should dedicate additional right -of -way for SW Greenburg Road, a Washington County road, to a width of 49 feet as measured from centerline to comply with the requirements of of the County. The right -of -way for SW Locust Street is 70 feet and is adequate for a Major Collector. In addition, the Parametrix report re- affirms the status of SW Greenburg Road and the need to construct the road to major street standards. The applicant should be required to construct half- street improvements to widen SW Greenburg Road to 37 feet from centerline. Additional improvements required for this site development include the street lighting in both SW Greenburg Road and SW Locust Street and the sidewalk along SW Locust Street as shown on the site plan. ENGINEERING COMMENTS: SDR 94 -08 VIP /BANK OF AMERICA PAGE 1 . • 2. SANITARY SEWER: The site is served by the 8" public sanitary sewer located in SW Locust Street and the sewer has sufficient capacity for the development. 3. STORM SEWER: The Unified Sewerage Agency has established and the City has agreed to enforce (Resolution and Order No. 91 -47) Surface Water Management Regulations requiring the construction of on -site water quality facilities or fees in -lieu of their construction. The site plan for the proposed project provides for an on -site water quality facility that should connect to the underground system in SW Locust Street. The applicant should demonstrate that the storm drainage runoff can be discharged into the existing system without significantly affecting the properties downstream. The on -site facility should be designed in accordance with USA minimum standards. • Recommendations: PRIOR TO THE ISSUANCE OF A BUILDING PERMIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED OR FINANCIALLY SECURED: 1. Additional right -of -way shall be dedicated to the Public along the SW Greenburg Road frontage to increase the right -of -way to a width of 49 feet from centerline. The applicant shall provide a copy of the site boundary survey to verify the existing rights -of -way. The description shall be tied to the existing right -of -way centerline. The dedication document shall be on City forms. Instructions are available at the public counter or from the Engineering Department. STAFF CONTACT: Diane Jelderks, Engineering Department (639- 4171). 2. Standard half- street improvements, including concrete sidewalk, driveway apron, curb, asphaltic concrete pavement, sanitary sewer, storm drainage, streetlights, and underground utilities shall be installed along the SW Greenburg Road frontage. Improvements shall be designed and constructed to Washington County minimum street standards and shall conform to the alignment of existing adjacent improvements or to an alignment approved by the Engineering Department. The curb shall be located a minimum of 35 feet from centerline. STAFF CONTACT: Michael Anderson, Engineering Department (639- 4171). 3. The applicant shall provide street lighting along SW Locust Street in accordance with the City standards. STAFF CONTACT: John Hagman, Engineering Department (639 -4171) 4. Three (3) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Seven (7) sets of approved drawings and ENGINEERING COMMENTS: SDR 94 -08 VIP /BANK OF AMERICA PAGE 2 • one (1) itemized construction cost estimate, all prepared by a Professional Engineer, shall be submitted for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. STAFF CONTACT: John Hagman, Engineering Department (639- 4171). 5. A final grading plan shall be submitted showing the existing and proposed contours. A soils report shall be provided detailing the soil compaction requirements. STAFF CONTACT: Michael Anderson, Engineering Department (639- 4171). 6. The applicant shall provide an on -site water quality facility as established under the guidelines of Unified Sewerage Agency Resolution and Order No. 91 -47 and designed in accordance with the USA minimum standards. The maintenance of the facility shall be the responsibility of the property owner. STAFF CONTACT: Greg Berry, Engineering Department (639 -4171) 7. The applicant shall demonstrate that storm drainage runoff can be discharged into the existing drainageways with significantly impacting properties downstream. STAFF CONTACT: Greg Berry, Engineering Department (639 -4171) APPROVED: Randall R. Woole City Engineer n: \engineer \sdr94- 08.mja ENGINEERING COMMENTS: SDR 94 -08 VIP /BANK OF AMERICA PAGE 3 W z lb 1 111 II I I(_ ■ aoaoEas - 4"; W-."",. ! LEHYANN o a „a COAL _, ( 1 i I I( a LOCUST et • 11111 • Z El Ahs411.1.1111.11w Q MAKELE" ST r ilitrall • a 111 1 1 11111111111 *Ali I < = ■� o -111■ ; '" 1 U. _ — o SHADY LN , I . 1 r I I I 1--- r-N Ill U • PLOT PLAN CASE NO. EXHIBIT MAP _ SITE DEVELOPMENT REVIEW #94-0008 411 411 LAND USE DECISION APPEAL FILING FORM The City of Tigard supports the citizen's right to participate in local government. Tigard's Land Use 4 " 40 0 1 101 Code therefore sets out specific requirements For :.� filing appeals on certain land use decisions. CITY OF TIGARD The following form has been developed to assist you in OREGON filing an appeal of a lard use decision in proper form. To determine what filing fees will be required or to answer any questions you have regarding the appeal process, please contact the Planning Division or the City Recorder at 639 -- -4171. 1. APPLICATION BEING APPEALED: 5 i' . ke- � \OVI*T 'ev "e',i — SAS T-1-00q 2 . HOW DO YOU QUALIFY AS A PARTY: N NpS r ky QS, y.c . ∎$ 3-e. NO _ 3. SPECIFIC GROUNDS FOR APPEAL OR REVIEW: COv,S aC tNRVON10.\ *' \ R -- - ‘ , ,N c>e.c- \ o v o- .g Aeik■ct �5 ', ec 1 s, o v\ (cx".k -F 1 4AnQ e.X'te.Y.'\ 2c& Qa Covn■ Q! NV-040A ' A CzekE4 \ -- CR0- '1 NT -0, S 1 A &rt. \vNc \v c). 0...S. CohLd:%v.S (N ‘ead core v\r4-ck- - ,.,.5'.:et \ c , ,v11 ,z_ ac`k� c.-va Cor.c.N:IA AR._ eg.v. \.$0", e,•‘( `lw a�� ,A V ko.\F.., 1 `J� c ` r ,.\1& (pr0Taiti v.v.k2.X � v( s - 00,., s . CcpNrc ..)S ) s zs. :co. \� -,K\ z ` sue 0,4 \4 NviwAkAbi 0 `tQ, \1/4-5. CoNi.S`:; - vA - ov\ - ∎QQ; ∎Ur `■)\+• GA)-11/44 ?s■Pn A ‘4,,A - X0 I\w `C'\( \Q \ .'f t ?-eN -∎ iv\ X M vAehA Ca" \oe s s .5 'k A: \ •\' e kack- �c.\o..c “^ ,\ v.o'k Vo.% -Verb, e_ -- V1 - .(- S` ∎Woes RALM= a—k Oco k.c d @v&ovw\e. ; v.. ' Cnveek ) < Cflv\V•cvoso, .ovN b *NC' 5 *retk 6lr.& Q OM 4. SCHEDULED DATE DECISION IS TO BE FINAL: 612- - 1 5. DATE NOTICE OF FINAL DECISION WAS GIVEN: 0.' q v 1iS .X��v.s *v .tV\c. 6. SIGNATURE(S): � '. �,, c i ( .a,.. X C -- (- x- x- x- x- x- x- x- x- x- x- x- x- x- x- xx- x- x- x•• x- x- xX X- X x- x- x- x- x- x- x- x- x- toofx- x- x- x-X-x-x- x- x-X- x- x-xiE-X- x -x-xm -x -x- x- X-x-x- x- x- x-x- x- x- x -m-X- X-x-x• FOR OFFICE USE ONLY: Received By: nleffl, Date: i 27j / /.' Z Approved As To Form By : _ J ' Z 4 . Date: Aff' 9' T ime : /2 ' 7 Denied As To Form By: Date: Time: Receipt No. Amount: x -x -x -x x- x-x- x- x-x- x -x-x -X -x x x -x x-x x.x-x x-x-x x x-x )Hfx -x-x -x x•x x- x-xfx -x-X x -x X-x x-x xicx x x x- x- X-x-x-X *x- x-X -x-x x -x -x -x x x-x- x- x-x - -x•x )(-•X• 13125 SW Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503) 639 -4171 I YDONNELL RAMIS CREV 1 CORRIGAN & BACHRACH ATTORNEYS AT LAW 1727 N.W. Hoyt Street Portland, Oregon 97209 TELEPHONE: (503) 222 -4402 FAX: (503) 243 -2944 CONFIDENTIAL DATE: July 22, 1994 TO: Randy Wooley, City Engineer Mark Roberts, Planning Department FROM: Pamela J. Beery, City Attorney's Office " RE: VIP's (Phoenix Inn) Conditions of Approval Planning Commission Appeal Hearing: 8/22/94 THIS MEMORANDUM CONSTITUTES AN ATTORNEY /CLIENT COMMUNICATION, AND AS SUCH IS A RECORD EXEMPT FROM PUBLIC INSPECTION PURSUANT TO ORS 192.502(8). TO THE EXTENT IT IS DISCUSSED DURING A PUBLIC MEETING, THAT DISCUSSION SHOULD OCCUR IN AN EXECUTIVE SESSION HELD PURSUANT TO ORS 192.660(1)(f). Following our discussion about how to proceed in the matter of the appeal of two conditions of approval by VIP's (Tigard Phoenix Inn), I met with the applicant (Steve Johnson, President), reviewed the file materials, and evaluated the traffic information and TIF ordinance on this development. Based on this review, I have concluded that the development conditions of approval do in fact present a problem for the City as a result of the Dolan decision, because it would be difficult to demonstrate individualized impacts to Greenburg Road as a result of this development in findings and supporting evidence. The applicant's traffic study reflects 34 trips from this development during the pm peak hour, which is substantially less than the 206 trips anticipated by the City's Parametrix study from January of this year. The improvements the City seeks appear to be related to a system -wide need to improve Greenburg road as opposed to a need generated specifically by the additional impacts of the proposed Phoenix Inn. Given that background, I see two options available to the City in this situation. Either of these options is agreeable to the applicant: 1. Modify conditions 1 and 2 to come within the limits of Dolan. Condition 1 (right of way dedication) would be modified to require the applicant's site plan to reflect the ultimate width of • O'DONNELL RAMIS CREW t [? CORRIGAN & BACHRACH [[ Memo re: VIP's (Phoenix Inn) Conditions of Approval July 22, 1994 Page 2 Greenburg Road, by placing only parking and /or landscaping in the area which would be required for the road. Condition 2 (half- street improvement) would be modified to require the applicant to sign a waiver of remonstrance for the formation of an LID to improve Greenburg Road to its ultimate design. _2. Impose the conditions, but provide that the applicant would be compensated for the right of way to be acquired by the City (or in some shared arrangement with the County if they would agree, since Greenburg is a County road). TIF credits would be expected to pay for the improvement itself, so condition 2 would not need modification, and the applicant would apply for TIF credits as provided by the County TIF Ordinance. The right of way is roughly 2,000 square feet, according to the applicant. They paid $10.69 per square foot for the property about a month ago, but would sell the right of way for $8.00 a square foot. Before the City would consider acquisition of the right of way, some evaluation of the value of this project in light of all the other transportation improvements needed would have to be undertaken. Based on my conversation with Randy, this is not a high priority improvement. The second option may therefore be less attractive to the City. Please review this memorandum and decide how staff wishes to proceed. The applicant is naturally anxious to get going, and in fact intends to submit for site plan review next week (week of July 25). Also, please feel free to call me if you have any questions. : cc: Timothy V. Ramis, City Attorney 90024 /j1h/VIPS.MM1 A yvtikik..t wo 5. I MEMORANDUM CITY OF TIGARD, OREGON TO: Planning Commission FROM: Mark Roberts, Assistant Planner '4'78,Je DATE: August 22, 1994 SUBJECT: Vips Motel Appeal On June 17, 1994 a decision recommending approval for a 56 room motel was issued for a vacant property at the south east corner of Locust Avenue and Greenburg Road. On June 27, 1994 the applicant appealed two of the conditions of approval related right -of -way dedication and street improvements along the site's SW Greenburg Road frontage. These conditions of approval required that the applicant dedicate and improve the site's street frontage along SW Greenburg Road to the ultimate right -of -way width which is 49 feet from street centerline. This improvement would require approximately 17 feet of additional right -of -way and street improvement construction. A traffic study for the SW Greenburg Road and SW Hall Boulevard area was recently completed. The study recommended that within 1 -3 years that the City acquire right -of -way along SW Greenburg Road to have a continuous roadway design of five lanes in total width along its entire length from SW Locust Avenue to SW Hall Boulevard. The study recommended this ultimate street width to provide for future capacity needs. The existing three lanes is adequate for now and likely for the next five years. The motel will have relatively small peak hour traffic and does not by itself justify a future need for five lanes. The study found that this portion of SW Greenburg Road currently operates at Level of Service C and would be expected to continue to operate at that level in the forseeable future. The motel itself will be a relatively small contributor to street capacity issues. The applicant has been required within revised conditions of approval to participate in a future local improvement district which will ensure that when widening does occur that the property owner will pay its fair share of the widening. The plan submitted by the applicant provides landscaping and parking beyond the planned ultimate right -of -way for SW Greenburg in accordance with the development criteria of the Commercial - Professional Zoning District. The City Attorney recommends that the Planning Commission uphold the applicants appeal due to the motels minimal projected impact to SW Greenburg Road. It is recommended that the Planning Commission ` V VIPS Appeal Page 2 revise the Conditions of Approval to state the following: 1. The site and landscape plan shall be modified to indicate the ultimate right -of -way width of 49 feet from the centerline of SW Greenburg Road. The area of future right -of -way shall not be included when calculating the areas of landscaping and parking required to satisfy the requirements of the Community Development Code. The applicant shall provide a copy of the site boundary survey to verify the existing rights -of -way. STAFF CONTACT: Michael Anderson, Engineering Department.. 2. The applicant shall sign a waiver of remonstrance against the future formation of a Local Improvement District to improve SW Greenburg Road to the ultimate street width. STAFF CONTACT: Michael Anderson, Engineering Department. dw • - • LANG USE DECISION APPEAL FILING FORM The City of Tigard supports the citizen's right to ,participate in local government. Tigard's Land Use ��" 1 Cede therefore sets out specific requirements for - �� filing appeals on certain land use decisions. CITY OF TIGARD The following form has been developed to assist you in OREGON filing an appeal of a land use decision in proper form. To determine that filing fees will be required • or to answer any questions you have regarding the • appeal process, please contact the Planning Division or the City Recorder at 639 -4171. 1. APPLICATION BEING APPEALED: Siske D2v4.\01-- �kv'.e.vf — SDI ( 14 — ping 2. HOW DO YOU QUALIFY AS A PARTY: N4S - S_Av.S-k-YleS ..c , is `)I(■e. ApQ.•Cah 3. SPECIFIC GROUNDS FOR APPEAL OR REVIEW: C■ovis ac 4e *\ ow,R a \ir SR.G-‘-‘.oh oA- `t\r.Q Ao't-\c -C C, V\ (c....k'kv Ai... R :Rte,..! RQ-,v..cta Co,4:4c:4m4 UT P 04 s ok Sec'E s TS„.. - QCI- r 1 4, cwt. .,v\LVa as (0.40t J Rekr .)ass are_ h , 4'. ' \cm. , act-j 0.r\S, C 5v\CV : X -it. CLAN v.∎n e.\r kO1/4X. 53 p\� ra.'f� 4 V 0ry-A" i wr.tle r ' r I�ovN S�c�k GA, V. . S , CorS�.'tv.`!\o►n5 T(. \� nNe S te' \4 v ti. ` YA. V. S . Cov.s`t;,'kv .∎ 0 v\ . 1 \Q ■∎' ` Nr. x2141∎ '. o h 0), r', - o ; - \1.la..\ 1\0Y "C\4.9.. \N \€ Sk'CQ -C\' \ tivkie:AMANA3 Co." )0, 'v.S'F-`N:Q.cX `\.` ` P ; \''"c \* Th \ 'N'A \.°.■t- - k - c• ` 0 ■ e A`ceX ; :t Sr4.'0ec ez.•s'E'. Nr R ,, a 4 t‘ % zc 9 ,ev� \3‘w.er.< •,,,, - N\f‘e 0.veq k ( , A.).svo.`.ov. i . •t\- S -kcee a,r.4, Q C:ST U 4. SCHEDULED DATE DECISION IS TO BE FINAL: b(Z9 I - I 5. DATE NOTICE OF FINAL DECISION WAS GIVEN: ( 4 , 7 I C i ' 6. SIGNATURE (3) :c ? v " ^ .,1A. . &�• •C A s,"-k • • -• x-x-x x*3 x-x •x x- xicwx-x -x• x-wwx -x -x lt x- x- x- x-ww ww wx*) E3E -x-x-x-)F•x•3E-x-x•3Fx-x -x-)F4 .• - x*HHE-x•x*!-x x x-x k-x•3E•X-X• FOR OFFICE USE ONLY: Received By: P/449A Date: i 2 7/r'/ T ime : //:.!;;7 Approved As To Form By: _ J44 s 'j Date: Jar? rj Time : /2-'('G Denied As To Form By: Date: Time: Recmipt Nip. Amount: x x -x -x x-x**x x-x x•x• *?(.x- x -x-x* *x•x x•x x- X x- x-X- !Ex- 4- x- x*x- x-x4HE)(-x-x-* *x-)Fx* HEW X- *x-K *x- x•?f- x-x•x-x- x•x-x -x•x x x **MOCK X-X- 13125 SW Hall BMd, P.O. Box 23397, Tigard Oregon 97223 (503) 639 -4171 CITY OF TIGARD NOTICE OF DECISION SITE DEVELOPMENT REVIEW SDR 94 -0008 BANK OF AMERICA - OWNERS VIPS - APPLICANT APPLICATION: A request for Site Development Review approval for a a 54 to 56 unit motel. Comprehensive Plan: Commercial Professional (C -P), Zoning: Commercial Professional (C -P) Location: 9575 SW Locust Street (WCTM 1S1 26DC, tax lot 4700 and 4701) SECTION I - DECISION: Notice is hereby given that the Planning Director's designee for the City of Tigard has APPROVED the above request subject to certain conditions. The findings and conclusions on which the decision is based are noted in Section II. Recommendations: PRIOR TO THE ISSUANCE OF A BUILDING PERMIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED OR FINANCIALLY SECURED: 1. Additional right -of -way shall be dedicated to the Public along the SW Greenburg Road frontage to increase the right - of -way to a width of 49 feet from centerline. The applicant shall provide a copy of the site boundary survey to verify the existing rights -of -way. The description shall be tied to the existing right -of -way centerline. The dedication document shall be on City forms. Instructions are available at the public counter or from the Engineering Department. STAFF CONTACT: Diane Jelderks, Engineering Department (639- 4171) . 2. Standard half- street improvements, including concrete sidewalk, driveway apron, curb, asphaltic concrete pavement, sanitary sewer, storm drainage, streetlights, and underground utilities shall be installed along the SW Greenburg Road frontage. Improvements shall be designed and constructed to Washington County minimum street standards and shall conform to the alignment of existing adjacent improvements or to an alignment approved by the Engineering Department. The curb shall be located a minimum of 35 feet from centerline. STAFF CONTACT: Michael Anderson, Engineering Department (639- 4171). 3. The applicant shall provide street lighting along SW Locust Street in accordance with the City standards. STAFF CONTACT: John Hagman, Engineering Department (639- 4171) 4. Three (3) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Seven (7) • • sets of approved drawings and one (1) itemized construction cost estimate, all prepared by a Professional Engineer, shall be submitted for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. STAFF CONTACT: John Hagman, Engineering Department (639- 4171) . 5. A final grading plan shall be submitted showing the existing and proposed contours. A soils report shall be provided detailing the soil compaction requirements. STAFF CONTACT: Michael Anderson, Engineering Department (639 - 4171). 6. The applicant shall provide an on -site water quality facility as established under the guidelines of Unified Sewerage Agency Resolution and Order No. 91 -47 and designed in accordance with the USA minimum standards. The maintenance of the facility shall be the responsibility of the property owner. STAFF CONTACT: Greg Berry, Engineering Department (639- 4171) 7. The applicant shall demonstrate that storm drainage runoff can be discharged into the existing drainageways without significantly impacting properties downstream. STAFF CONTACT: Greg Berry, Engineering Department (639- 4171) 8. a) The applicant shall obtain a tree removal permit prior to removal of any trees on site in excess of six inches or more measured four feet above ground level. STAFF CONTACT: Mark Roberts, Planning Division. b) The applicant shall provide an arborist report which reviews the suitability of trees on site for preservation or relocation on site. STAFF CONTACT: Mark Roberts, Planning Division. c) The applicant shall revise the landscape plan to provide a minimum of a 15 foot buffer along portion of the property which abuts the single family residence. The applicant shall provide increased landscaping within the buffer area if less than 20 feet is provided. STAFF CONTACT: Mark Roberts, Planning Division. IN ADDITION THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE; SECTION 18.120.060 BONDING AND ASSURANCES and SECTION 18.164 STREET AND UTILITY IMPROVEMENT NOTICE OF DECISION SDR 94 -0008 - BANK OF AMERICA /VIPS PAGE 2 • • STANDARDS. COPIES MAY BE OBTAINED THROUGH THE PLANNING OR ENGINEERING DEPARTMENTS. THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN MONTHS OF THE DATE OF THE FINAL DECISION. SECTION II. FINDINGS OF FACT 1. Background: The subject property was annexed to the City on April 16, 1987 through Boundary Commission Action 2344. Site Development Review #90 -0016 for a 4,600 square foot bank branch was approved for this site in 1990. That approval expired becuase the applicant did not develop the site for the approved bank. 2. Vicinity Information: The surrounding properties are zoned for Commercial Professional use and are developed with the Lincoln Center to the south. Adjoining areas to the south of Locust are developed with a mixture of professional office uses within Lincoln Center. Across the street on SW Greenburg are general commercial areas within Washington Square and a cemetary. The site adjoins an older residence and a commercial store to the north. The site also adjoins a professional office building to the east. 3. Site Information and Proposal Description: The subject parcel is approximately 37,402 square feet in size. The applicant has proposed a three story, 54 to 56 unit motel with 59 parking spaces. The floor plan currently shows two rooms to be used for maid storage which may be converted to guest room use in the future. The site is a vacant property located on the northeast corner of SW Greenburg Road and SW Locust Street. Both streets are designated as Major Collector streets. The property contains several mature deciduous and evergreen trees. The proposed architectural elevations use a smooth finish with tile accent materials along the first floor elevation to accent the main building entrance. The front elevations towards SW Greenburg and SW Locust provide prominent fascade features designed to break up the continuous height of the building roof line. 4. Agency and CIT Comments: NOTICE OF DECISION SDR 94 -0008 - BANK OF AMERICA /VIPS PAGE 3 • • The Engineering Department, the Police Department, the Building Department, Tualatin Valley Water District, the Tualatin Valley Fire and Rescue, Washington County Department of Land Use and Transportation Planning and the Oregon Department of Transportation have reviewed this proposal and have provided the following comments and recommendations. The Engineering Department reviewed this application and provided the following comments: Findings: 1. STREETS: The applicant has submitted a traffic study prepared by ATEP dated May 9, 1994. In reviewing projects in this area, Engineering staff is relying on the Hall /Greenburg /Scholls Area Traffic Needs Study Report prepared by Parametrix, dated January, 1994. This report is the most comprehensive traffic review available for the area, and the ATEP study has referenced the data included in the report. The Parametrix report assumed that the subject site, when developed, would generate approximately 207 vehicles per peak hour based on new office commercial development. The traffic report submitted with the application shows that this specific development proposal will generate an estimated 34 vehicles per peak hour, substantially less than the previous report. The Parametrix report also identifies improvements needed to correct existing deficiencies and improvements that accommodate expected growth. The major growth - related improvement identified in the area of the subject site is the widening of the Greenburg bridge overcrossing of Highway 217. This bridge widening is already funded under the County's MSTIP program. Therefore, we conclude that no off - site traffic improvements are required with this development. However, SW Greenburg Road and SW Locust Street are both designated as Major Collectors. The applicant should dedicate additional right -of -way for SW Greenburg Road, a Washington County road, to a width of 49 feet as measured from centerline to comply with the requirements of of the County. The right -of -way for SW Locust Street is 70 feet and is adequate for a Major Collector. In addition, the Parametrix report re- affirms the status of SW Greenburg Road and the need to construct the road to NOTICE OF DECISION SDR 94 -0008 - BANK OF AMERICA /VIPS PAGE 4 • • major street standards. The applicant should be required to construct half- street improvements to widen SW Greenburg Road to 37 feet from centerline. Additional improvements required for this site development include the street lighting in both SW Greenburg Road and SW Locust Street and the sidewalk along SW Locust Street as shown on the site plan. 2. SANITARY SEWER: The site is served by the 8" public sanitary sewer located in SW Locust Street and the sewer has sufficient capacity for the development. 3. STORM SEWER: The Unified Sewerage Agency has established and the City has agreed to enforce (Resolution and Order No. 91 -47) Surface Water Management Regulations requiring the construction of on -site water quality facilities or fees in -lieu of their construction. The site plan for the proposed project provides for an on- site water quality facility that should connect to the underground system in SW Locust Street. The applicant should demonstrate that the storm drainage runoff can be discharged into the existing system without significantly affecting the properties downstream. The on -site facility should be designed in accordance with USA minimum standards. The Tualatin Valley Fire and Rescue District indicated that access was acceptable as designed for fire equipment to turn around to serve the site. The Fire District required that the site be provided with a hydrant at an acceptable location. It appeared that an acceptable location would be at the corner of SW Locust Street and SW Greenburg Road. The Washington County Department of Land Use and Transportation commented on this proposal and stated that a traffic analysis for this development proposal is being performed by the County Traffic Analyst, whose findings and recommendations will be forwarded to the City at the time of completion of the review. This review and the recommended conditions of approval which will be developed as a part of that review are required by Resolution and Order 86 -95 and Section 501- 8.2.B. of the Community Development Code. REOUIRED CONDITIONS OF APPROVAL I. PRIOR TO FINAL APPROVAL AND ISSUANCE OF A BUILDING PERMIT BY THE CITY OF TIGARD: NOTICE OF DECISION SDR 94 -0008 - BANK OF AMERICA /VIPS PAGE 5 • • A. Submit to Land Development Services (Public Assurance Staff, Tracy Stone/ Carolyne Cook, 648 - 8761): 1. Completed "Design Option" form. 2. $500.00 Administration Deposit. NOTE: Any portion of the Administration Deposit not used by Washington County for plan approval, field inspections, and contract administration will be returned to the applicant. If at any time during the project, the County's costs are higher than the amount deposited, Washington County will bill the applicant the amount needed to cover the costs. 3. Two (2) sets of complete engineering plans for the construction of the following public improvement: a. Repair concrete sidewalk to County standard along SW Greenburg Road frontage. b. Close all existing driveways c. Any additional off -site safety improvements found to be required for compliance with R &O 86 -95 upon completion of the County's Traffic Analyst's review. B. Obtain a Washington County Facility Permit upon completion of the following: 1. Obtain Engineering Division approval and provide a financial assurance for the construction of the public improvements listed in conditions I.A.3. NOTE: The Public Assurance staff (Tracy Stone /Carolyn Cook, 648 -8761) of Land Development Services will send the required forms to the applicant's representative after submittal and approval of the public improvement engineering plans. 2. Provide evidence that the documents required by condition I.D. have been recorded. C. The following documents shall be.executed and recorded with Washington County: 1. Dedicate additional right -of -way to provide 49 feet from centerline of SW Greenburg Road frontage. 2. Sign a waiver not to remonstrate against the formation of a local improvement district or NOTICE OF DECISION SDR 94 -0008 - BANK OF AMERICA /VIPS PAGE 6 • • other mechanism to improve the base facility of SW Greenburg Road between SW Hall Boulevard and State Highway 217. 3. Provide a one -foot non - access reserve strip along SW Greenburg Road frontage, except at approved access points. • NOTE: Washington County Survey Division (Jamil Kamawal, 693 -4543) will send the required forms to the applicant's representative. II. PRIOR TO OCCUPANCY The road improvements required by conditions I.A.3. above shall be completed and accepted by Washington County. Northwest Natural Gas and Portland General Electric have reviewed this application and have offered no comments or objections. SECTION III. ANALYSIS AND CONCLUSION A. COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Use Classification: The applicant has indicated that the proposed use of this site is for itinerant lodging with breakfast service. Section 18.64 allows itinerant lodging within the Commercial Professional zoning district as long as a restaurant use is provided in conjunction with the lodging use. The applicant has proposed to provide continental breakfast service to guests in compliance with the restaurant service requirement. Minimum Lot Area: Section 18.62.050 states that there is a 6,000 square foot minimum lot area for parcels in the Commercial Professional zone. The average lot width of each parcel in the Commercial Professional zone is 50 feet. The site will be reconfigured as one parcel through a lot consolidation action. As a consolidated parcel the property is 37,402 square feet and a width of 176 feet which complies with lot area requirements. Development proposals within this zoning district may not exceed 85% of the site with buildings and hard surfaces. The site plan indicates that 81% of the site will be developed with impervious surfaces such as structures and parking lot areas which complies with the requirement. A minimum of 15% of the site must be landscaped. The applicant has provided 19 of the site with landscaping in compliance with this requirement. NOTICE OF DECISION SDR 94 -0008 - BANK OF AMERICA /VIPS PAGE 7 • • Setbacks: Section 18.64 does not require building setbacks except where a property abuts a residentially zoned parcel. The Development Code also requires that applicable areas of each site comply with line of site distances for structures at the site entrance to the street. The site improvements as proposed comply with line of site distance regulations at the sites driveway onto SW Locust Street. Structures must also comply with the Special Setbacks set forth in Section 18.96 which is 30 feet from the centerline of SW Greenburg Road. The applicant has 97 feet of setback from the centerline of SW Greenburg to the edge of the proposed structure. Section 18.100 requires buffer areas for commercial uses which abut existing residential uses. Because this parcel is surrounded on three and a half sides by other properties which are developed with commercial uses a buffer area is required only along a portions of the northern property line which abuts an existing single family residence. Condition of Approval #8 requires that the site and landscape plan be amended to provide either an additional five feet of buffer area within the northeast corner of the property in compliance with the basic buffering requirement. The applicant may also amend the site plan and landscape plan to provide additional screening materials within the reduced 15 foot buffer area currently shown on the site plan. Through either design the applicant shall modify the site plan to delete parking and drive aisle uses within the 15 buffer area. Building Height. Section 18.62 states that no building shall exceed a height of 45 feet. The architectural elevations for the structure do not exceed a height of 39 feet. Minimum Off - Street Parking: Section 18.106 requires one parking space for each motel suite plus one for every two employees. Based on the proposed floor plan 57 parking spaces are required. The site plan currently provides 59 parking spaces in compliance with the requirement. Bicycle Parking: Section 18.106 requires one bicycle rack for each 15 vehicle parking spaces in any development. A minimum of 59 parking spaces are required for this proposal four bicycle racks have been provided in compliance with this requirement. Access, Egress and Circulation: Section 18.108 requires commercial development with 99 or less required parking spaces to provide a minimum access width of 30 feet and a minimum pavement width of 24 feet. The site plan complies with this requirement through a driveway located at the NOTICE OF DECISION SDR 94 - 0008 - BANK OF AMERICA /VIPS PAGE 8 III Code requires a minimum of one tree for every seven parking spaces. The landscape plan currently provides nine trees which provides one tree for each six and a half parking spaces. A variety of shrubs, ground cover are also required to comply with Development Code criteria for landscaped areas. Signs. Section 18.114 lists the type of allowable signs and sign area permitted in the General Commercial zone. Precise signage plans for this site shall be reviewed by the Planning Division through the sign permit process. SECTION IV. PROCEDURE 1. Notice: Notice was published in the newspaper, posted at City Hall and mailed to: XX The applicant and owners XX Owners of record within the required distance XX The affected Citizen Involvement Team Facilitator XX Affected government agencies 2. Final Decision: THE DECISION SHALL BE FINAL ON ‘ 2 ? Qy UNLESS AN APPEAL IS FILED. 3. Appeal: Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.370 of the Community Development Code • which provides that a written appeal must be filed with the City Recorder within 10 days after notice is given and sent. Appeal fee schedule and forms are available at Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon. The deadline for filing of an appeal is 3:30 p.m. 6/7/9.4/ 4. Questions: If you have questions, please contact the Planning Division at 639 -4171, City of Tigard, City Hall, 13125 SW Hall Blvd., Tigard, Oregon. 'eef.., /Q,e;:4 07/q' PREPARED BY: Mark Roberts DATE Assistant Planner L.�� �u4 �/ / 7 qq- APPRO D BY: Dick Bewersdorff DAT Senior Planne5 NOTICE OF DECISION SDR 94 -0008 - BANK OF AMERICA /VIPS PAGE 10 • • • 1 I I( 11 1 I .ORDER. 1 AMINE - - :: ' - LEHMANN H1±-L.° a O - °[�_ _ -- 1 -- j w CO RAL Q -I�1 MU 1 1 ii i I i i p "'mum - hi LOCUST . IIII I � Z .w a UAP ST ` a. ■''' o 0 -111 " F.: PE i o prAb 1 SHADY LN >- Th I I I 1-\ t ... 0 PLOT PLAN 1 CASE NO. _.. SITE DEVELOPMENT REVIEW EXHIBIT M A P #94 -0008 • • 1'!'�B.DtGAT1014 - :- ..... -.. - •�� f• . Q. N.K STA IN INGr.:\Y-1 / -. -- • ' rs S - -A. - m� • .ta11!.9r1 • _ :1 j,, . , ,r , .. 2. 1.1.1 I. RC 1 J : „,.,,,..... ..:•• . . • ®� ~,..CZ �.... • 13. ... c $r. o Rlt ia • � • • I �taos'. ..+R;,7_'. x. - •_ a ` '� l T �'� ' ,. j . •.�' • { i `.�r: • /i , . ; a ; , :` .w � . �, • CI 1. I t ♦ a • f' rr � - — '�� .. - ♦ _ 9 Ek!eF..' / • p •, ii • CC i / \ , .st y • : v { _ -_ d '- `` .ar 1 ;/ ! c J.:,\ , . ` i,.... "•. 4 . • � • 4-i: 44 / i . . :M / :. 4 %.,. .4? .t.4. mss kg .. .. � • .” • •!"i •!"i ---- :•t '- ) - :v ` -, 11 4 — / r I, • - � . t. ; • mum ,� =; ,,. :. 114 r i. : . p.. iY - •..'... , , ,.. 41, 1 .,.. le ..:‘,..,....:.. .4,,.. 1 ,-;;,, 1 - ...' II '.. • I '. 0 ..)! •••. :.:•• - .7% ...:.1. : 'it Or -.. tic,„,t--- Eli I �{ �>l�'' ® I� t 1�Oir1119G" J ` [ +� ®i8124 Um .� : �:�Z�' 9C s:: r . = •rx -1 !.4-l:k .4 1 ' dC•..:31 YAU r : 1 C �;lL:T ,•• • • O • - SW LOCUST STREET 0 • • VICINITY CASE NO. _._ SITE DEVELOPMENT REVIEW . EXHIBIT MAP #94 -0008 PROPOSAL DESCRIPTION FILE NO: n °\ I� 11- d OG FILE TITLE: (J 1 P S -I iid ue4 -rie S / a �e ( APPLICANT: U l pJ T es � OWNER: ( c -- 41-rgee, J 2450 S� L (rev y / 5G( 5 5 f/l/lp uA 1 5olaed s4 Sa 2lewl ` 73 / �� 4 �}e�tfl�e�i S�pue� TGk HSo � �CGN j /az� C� �o ! 9�/ ®/ REQUEST: p �/ �/,/ �! Gr l r"a - O� Gt u l � 9/m del � (' 7 14,16s 41 dCl ve>ct� �S r LOCATION: q j(� �GGr�Y �l/e1lue �w CTS( 1 5 1 2 � b4 �/'qSC /o� l d0 a uor 1- 170 l APPLICABLE REVIEW CRITERIA: / 8 3 2 1 O . / 10 . 9 /5'.. 10O / g' / O 2 c•• / S I Dg l l /4( / 124' ig. 15.0 l g / I/ ZONE: a P"i/o&SS i kQ I Zd k d iSfi - p ev 1 a ✓ i O VC " 2SS1e'rail �Z f i c1ne ci.Ilows 1 ezf" Ioi i U afrrcp v'es"y te.ferK Pa Cll,1F CIT: e CIT FACILITATOR: TO i CHECK ALL WHICH APPLY: STAFF DECISION PLANNING COMMISSION DATE OF HEARING: TIME: HEARINGS OFFICER DATE OF HEARING: TIME: CITY COUNCIL DATE OF HEARING: TIME: THE FOLLOWING ATTACHMENTS ARE AVAILABLE FOR VIEWING IN THE PLANNING DIVISION: VICINITY MAP LANDSCAPING PLAN NARRATIVE _ ARCHITECTURAL PLAN SITE PLAN OTHER: STAFF CONTACT: �' �/ l a lik 1<3 6 ev7s WASHINGTON COUNTY, OREGON • RECEIVED PLANNING Department of Land Use and Transportation, Land Development Services JUN 1 155 North First Avenue, Suite 350, Hillsboro, Oregon 97124 1994 (503) 648 -8761 • FAX: (503) 693 -4412 May 25, 1994 Tigard Planning Department P.O. Box 23397 Tigard, OR 97223 RE: PHOENIX INN SDR 940008 Washington County has reviewed this development application and submits the following comment and required conditions for access to SW Greenburg Road, a County Minor Arterial: COMMENT A traffic analysis for this development proposal is being performed by the County Traffic Analyst, whose findings and recommendations will be forwarded to the City at the time of completion of the review. This review and the recommended conditions of approval which will be developed as a part of that review are required by Resolution and Order 86 -95 and Section 501- 8.2.B. of the Community Development Code. REQUIRED CONDITIONS OF APPROVAL I. PRIOR TO FINAL APPROVAL AND ISSUANCE OF A BUILDING PERMIT BY THE CITY OF TIGARD: A. Submit to Land Development Services (Public Assurance Staff. Tracy Stone/ Carolyn Cook, 648- 8761): 1. Completed "Design Option" form. 2. $500.00 Administration Deposit. NOTE: Any portion of the Administration Deposit not used by Washington County for plan approval, field inspections, and contract administration will be returned to the applicant. If at any time during the project, the County's costs are higher than the amount deposited, Washington County will bill the applicant the amount needed to cover its costs. 3. Two (2) sets of complete engineering plans for the construction of the following public improvements: a. Repair concrete sidewalk to County standard along SW Greenburg Road frontage. b. Close all existing driveways to SW Greenburg Road. c. Any additional off -site safety improvements found to be • required for compliance with R &O 86 -95 upon completion of the County Traffic Analyst's review. • • County Transportation Review May 25, 1994 Page #2 C. Obtain a Washington County Facility Permit upon completion of the following: 1. Obtain Engineering Division approval and provide a financial assurance for the construction of the public improvements listed in conditions I.A.3. NOTE: The Public Assurance staff (Tracy Stone /Carolyn Cook, 648- 8761) of Land Development Services will send the required forms to the applicant's representative after submittal and approval of the public improvement engineering plans. 2. Provide evidence that the documents required by condition I.D have been recorded. D. The following documents shall be executed and recorded with Washington County: 1. Dedicate additional right -of -way to provide 49 feet from centerline of SW Greenburg Road frontage. 2. Sign a waiver not to remonstrate against the formation of a local improvement district or other mechanism to improve the base facility of SW Greenburg Road between SW Hall Blvd. and State Highway 217. 3. Provide a one -foot non - access reserve strip along SW Greenburg Road frontage, except at approved access points. NOTE: Washington County Survey Division (Jamil Kamawal, 693- 4543) will send the required forms to the applicant's representative. II. PRIOR TO OCCUPANCY The road improvements required in by conditions I.A.3. above shall be completed and accepted by Washington County. Thank you for the opportunity to comment. Please send a notice of decision and appeal information to the County upon completion of your review. We would also appreciate the opportunity to review a draft of the City's conditions pertaining to access to SW Greenburg Road. If you have any questions, please contact me at 648 -8761. Tom Harry, Associate Planner c: Lynn Bailey, Transportation Planner Doug Norval, Traffic Analyst Carolyn Cook, Associate Planner, Assurances Paul Ward, Engineering Associate (Applicant) th/j:transp/pnxinn.tig MEMORANDUM CITY OF TIGARD, OREGON TO: Mark Roberts June 16, 1994 FROM: Michael Anderson, Development Review Engineer RE: SDR 94 -0008 VIPS /BANK OF AMERICA Description: The applicant proposes to construct a 56 unit motel at the northeast corner of SW Greenburg Road and SW Locust Street. Findings: 1. STREETS: The applicant has submitted a traffic study prepared by ATEP dated May 9, 1994. In reviewing projects in this area, Engineering staff is relying on the Hall /Greenburg /Scholls Area Traffic Needs Study Report prepared by Parametrix, dated January, 1994. This report is the most comprehensive traffic review available for the area, and the ATEP study has referenced the data included in the report. The Parametrix report assumed that the subject site, when developed, would generate approximately 207 vehicles per peak hour based on new office commercial development. The traffic report submitted with the application shows that this specific development proposal will generate an estimated 34 vehicles per peak hour, substantially less than the previous report. The Parametrix report also identifies improvements needed to correct existing deficiencies and improvements that accommodate expected growth. The major growth - related improvement identified in the area of the subject site is the widening of the Greenburg bridge overcrossing of Highway 217. This bridge widening is already funded under the County's MSTIP program. Therefore, we conclude that no off -site traffic improvements are required with this development. However, SW Greenburg Road and SW Locust Street are both shown on the City Comprehensive Plan as Major Collectors. The applicant should dedicate additional right -of -way for SW Greenburg Road, a Washington County road, to a width of 49 feet as measured from centerline to comply with the requirements of of the County. The right -of -way for SW Locust Street is 70 feet and is adequate for a Major Collector. In addition, the Parametrix report re- affirms the status of SW Greenburg Road and the need to construct the road to major street standards. The applicant should be required to construct half - street improvements to widen SW Greenburg Road to 37 feet from centerline. Additional improvements required for this site development include the street lighting in both SW Greenburg Road and SW Locust Street and the sidewalk along SW Locust Street as shown on the site plan. ENGINEERING COMMENTS: SDR 94 -08 VIP /BANK OF AMERICA PAGE 1 2. SANITARY SEWER: The site is served by the 8" public sanitary sewer located in SW Locust Street and the sewer has sufficient capacity for the development. 3. STORM SEWER: The Unified Sewerage Agency has established and the City has agreed to enforce (Resolution and Order No. 91 -47) Surface Water Management Regulations requiring the construction of on -site water quality facilities or fees in -lieu of their construction. The site plan for the proposed project provides for an on -site water quality facility that should connect to the underground system in SW Locust Street. The applicant should demonstrate that the storm drainage runoff can be discharged into the existing system without significantly affecting the properties downstream. The on -site facility should be designed in accordance with USA minimum standards. Recommendations: PRIOR TO THE ISSUANCE OF A BUILDING PERMIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED OR FINANCIALLY SECURED: 1. Additional right -of -way shall be dedicated to the Public along the SW Greenburg Road frontage to increase the right -of -way to a width of 49 feet from centerline. The applicant shall provide a copy of the site boundary survey to verify the existing rights -of -way. The description shall be tied to the existing right -of -way centerline. The dedication document shall be on City forms. Instructions are available at the public counter or from the Engineering Department. STAFF CONTACT: Diane Jelderks, Engineering Department (639- 4171). 2. Standard half- street improvements, including concrete sidewalk, driveway apron, curb, asphaltic concrete pavement, sanitary sewer, storm drainage, streetlights, and underground utilities shall be installed along the SW Greenburg Road frontage. Improvements shall be designed and constructed to Washington County minimum street standards and shall conform to the alignment of existing adjacent improvements or to an alignment approved by the Engineering Department. The curb shall be located a minimum of 35 feet from centerline. STAFF CONTACT: Michael Anderson, Engineering Department (639- 4171). 3. The applicant shall provide street lighting along SW Locust Street in accordance with the City standards. STAFF CONTACT: John Hagman, Engineering Department (639 - 4171) 4. Three (3) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Seven (7) sets of approved drawings and ENGINEERING COMMENTS: SDR 94 - VIP /BANK OF AMERICA PAGE 2 • s • one (1) itemized construction cost estimate, all prepared by a Professional Engineer, shall be submitted for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. STAFF CONTACT: John Hagman, Engineering Department (639 4171). 5. A final grading plan shall be submitted showing the existing and proposed contours. A soils report shall be provided detailing the soil compaction requirements. STAFF CONTACT: Michael Anderson, Engineering Department (639 - 4171). 6. The applicant shall provide an on -site water quality facility as established under the guidelines of Unified Sewerage Agency Resolution and Order No. 91 - 47 and designed in accordance with the USA minimum standards. The maintenance of the facility shall be the responsibility of the property owner. STAFF CONTACT: Greg Berry, Engineering Department (639 - 4171) 7. The applicant shall demonstrate that storm drainage runoff can be discharged into the existing drainageways with significantly impacting properties downstream. STAFF CONTACT: Greg Berry, Engineering Department (639 - 4171) APPROVED: Randall R. Woole City Engineer n: \engineer \sdr94- 08.mja ENGINEERING COMMENTS: SDR 94 -08 VIP /BANK OF AMERICA PAGE 3 RECEIVED PLANNING RE TEST FOR COMMENTS AAY 2 3 1994 TO : 7tTe-Ret.4 66v.oraQ E ltdY l C DATE: May 18, 1994 FROM: Tigard Planning Department RE: SITE DEVELOPMENT REVIEW SDR 94 -0008 VIPS /BANK OF AMERICA LOCATION: 9575 SW Locust Avenue (WCTM 1S1 26DC, tax lots 4700 and 4701). To construct a 56 unit motel with morning breakfast service. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.64, 18.96, 18.100, 18.102, 18.106, 18.108, 18.114, 18.120, 18.150, and 18.164. ZONE: C -P (Professional Commercial) The C -P zoning district permits a range of professional and personal services. The zone allows transient lodging and restaurant facilities. Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from ot:},,er information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by May 30, 1994. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639 -4171. STAFF CONTACT: Mark Roberts PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written Comments: • Name of Person Commenting: ' t oeC rJ- 1ck-Gcl Phone Number: c- --f C - (3 • • r _ REQUEST FOR COMMENTS TO: -V 1CA DATE: May 18, 1994 FROM: Tigard Planning Department RE: SITE DEVELOPMENT REVIEW SDR 94 -0008 VIPS /BANK OF AMERICA LOCATION: 9575 SW Locust Avenue (WCTM 1S1 26DC tax lots 4700 and 4701). To construct a 56 unit motel with morning breakfast service. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.64, 18.96, 18.100, 18.102, 18.106, 18.108, 18.114, 18.120, 18.150, and 18.164. ZONE: C -P (Professional Commercial) The C -P zoning district permits a range of professional and personal services. The zone allows transient lodging and restaurant facilities. Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by May 30, 1994. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639 -4171. STAFF CONTACT: Mark Roberts PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. )( Written Comments: 1 0 of__ F 5'0 C., , -L-1-1--.4) (3,) ,5 V S A- [" V ___L--_(7 64-/_ vti �Q - T z2 J } 8 .) Name of Person Commenting: \\ p1 C.— ) '. fi ['t < <- 37 i 6 /9 1 / Phone Number: I ( (.� .rte dCF r., .5 ✓� . -� rdy • • ok ..WM Waft �. REQUEST FOR COMMENTS " 1 TO: DATE: May 18, 1994 ` FROM: Tigard Planning Department RE: SITE DEVELOPMENT REVIEW SDR 94 -0008 VIPS /BANK OF AMERICA LOCATION: 9575 SW Locust Avenue (WCTM 1S1 26DC, fax lots 4700 and 4701). To construct a 56 unit motel with morning breakfast service. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.64, 18.96, 18.100, 18.102, 18.106, 18.108, 18.114, 18.120, 18.150, and 18.164. ZONE: C -P (Professional Commercial) The C -P zoning district permits a range of professional and personal services. The zone allows transient lodging and restaurant facilities. Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by May 30, 1994. Ycu may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639 -4171. STAFF CONTACT: Mark Roberts PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written Comments: Name of Person Commenting: Phone Number: • • � �.,o REQUEST FOR COMMENTS TO ; .t i J 6 1 DATE: May 18, 1994 FROM: Tigard Planning Department RE: SITE DEVELOPMENT REVIEW SDR 94 - 0008 VIPS /BANK OF AMERICA LOCATION: 9575 SW Locust Avenue (WCTM 1S1 26DC, tax lots 4700 and 4701). To construct a 56 unit motel with morning breakfast service. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.64, 18.96, 18.100, 18.102, 18.106, 18.108, 18.114, 18.120, 18.150, and 18.164. ZONE: C - (Professional Commercial) The C -P zoning district permits a range of professional and personal services. The zone allows transient lodging and restaurant facilities. Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by May 30, 1994. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639 -4171. STAFF CONTACT: Mark Roberts PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written Comments: • Name of Person Commenting: ji/e4 Phone Number: 361 REQUEST FOR COMMENTS TO: 1 DATE: May 18, 1994 FROM: Tigard Planning Department RE: SITE DEVELOPMENT REVIEW SDR 94 -0008 VIPS /BANK OF AMERICA LOCATION: 9575 SW Locust Avenue (WCTM 1S1 26DC, tax lots 4700 and 4701). To construct a 56 unit motel with morning breakfast service. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.64, 18.96, 18.100, 18.102, 18.106, 18.108, 18.114, 18.120, 18.150, and 18.164. ZONE: C -P (Professional Commercial) The C -P zoning district permits a range of professional and personal services. The zone allows transient lodging and restaurant facilities. Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by May 30, 1994. You may use the space provided below or attach a separate letter to return your comments. 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SEE MAP IS 1 35B D ot• / 7 I . 6 SW I/4 SECTION 26 TIS RIW W.M. ` :.N rNr,� is 126C WASHINGTON COUNTY OREGON �F° ~ ` SCALE i" =200' • c\,, IR X \ ti S p G` CANCELLED TAX LOTS / Q �. 1000,1701, 1502,1702,1600, e 1801,1803,1704,1503,1800, 3 4, 1104 ,1500,1501,1804,1901, • 1200 . .� A, SEE MAP 19020402,901,1105,1106, „4 cDR I eN 1 762 Ac. c. 1 S 1 266 9o o v ° _ \ i� p`' 16J2,I110,1101, 1401, 1700, / 0 � SEE MAP r c.( // / - IS 1 26BC / Q AP IS 1 26BC 9 b' , B REMAINDER ON ` •_ Q S ''Ss 2` / / / / "•l / , '- MATCH _ - r' • 0 FSr. �uNE C.S. 8030 / t - b / O • o I I C C EASEMENT 88-4358 /4 w n I ' e0 -1-7',' 2 /3 Ac 3.61CH. / 130 1 17 90 ) Se9 - - aicfo0 _ S89 °4I'E I c / 23 :77 / • Vi. / - 4 " 416E g3 I 1 111 1 • rn +00 / 60' / I 64.979 (302 ,f( I I 3 24' 2. �2 Ac. 269 = _} •. IP N 1301 N /.B3Ac. 1 ��. C.S. J`S C d + � ; Wrn 400 - 24625 n K 23: , 30 4 `, �X -� SEE MAP 1 1 �'' b N1 S P.T. e a 1 a " °' ecI 1 6 492 ` -!0,7, y 557F� 225 IS 127DA +50 ' _�� / / I , i 174.92 J II' z m 3 210 r.� COP C 5 .MUST W'LY. A.H. - 6,..:c in 401 100-- 00 (� a o LOB Ac. t �� 1 - 164.59 - , I 1 14 II " 401- _ /.32AC N 1 g ° C.S. 9229 lu a - 435 r 475.80 Z Al • / II f : 12 - , _ (',7 81 /3. 49Ac. .617., .617., 3? 1 152. 200 I ° 95L 8 '35 ° E y _ _ • 110 s B7 ° C S 8033 M +00 - 2 --l-} _ 20:lit "I° -P11 " I 17 100 ■ 1 1 ° - _ JI I k8° °45'N' m r. 23 588 45'6 • N88 O • / C 145 - o j 1 1 1 \v c' z� C , S , 3 2 7 7 n N m l 1107 159 402 A c . 200 ac. CD ro tt : r j I 5o.55 ' -. o .i 1 1 315 +t2. FS 1 I w l I ml P n .r 4P 17C -� 0 • 1 < S89 ° 41 . E 21689' I 217.2^ 1 � 1 "- N °0 W N r, v /I / i t 240 1 I +75 \ o Ft8 N I - - _ Tr tv J 1 p 434.11 - - I I ` 4 300 /. tN89 W ',z • .--4,--7 1 i 4 y ( 5 ii L* t6S .17 ffrr ,60' -- m tC S. NQ. IC�7C 1 � - m 1 U SEE MAP �3 / ^m 1 N C.S. 12654 se s °o5E C7 lS 1 26DB 1 500 cr n I • i Z h 200 -3--1 3j x � 1 N 88 W 1G Cr �F_ • 1 ; 300 _ w f e 0 ,. G ~a. N 4 34 . ° B 88' j _______ 6 _____ !i / T / C 100 � 38 +62.21 P. S.0 a _- - - O _- 11 N � a S BF ° OS't 1 f - 3.03Ac. 1 LA., `l 8693.,7' 1 / 320 4 00 II 394.11 - - - - - 1 3 N / m 1 61.38 [ [� I ( No 112451 v '3 Y ^' 1+i`v ' CE DAR E1 pk; FL.Rh '' SFB 34 +8470PT. `'- O . p Q - n m { C o n / _ ` I u 1 I a z 37' z l 248.76' o M , C I I r J- - - - - - - - - - a -- - ' SEE MAP ( 0 / / R rn - 1 ka os W 0 I J • 14.---___"7- S SDa P IS 1 27DD _` 1 C.S. 8234 I N+, \ a ` 32z +, ,° P,.- IT. -_.1 es`� .5-C. E_ 281 74 " _1 I ! rr CO - _ 9 _ / / 1 �- k f 0 !3 `7 n 0 ,n . v 4 arrP l r �.. 3 6� CH • • \ - '.� 1 j= 90 N j / , / \ I 1 V c 3' I o (CS. ° v --.../ / LL ^ f _ . 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IS I 35AB WASHINGTON COUNTY OREGON SCALE 1 ": 100' 35 CANCELLED TAX LOTS / 30 4201, 3204, 20,1001, 1100, 120,1300,1301,1400, 1500, 1600, 1700,1800,1900, 2000, 4 2090,210,2300,2301,2302, 2303, 2400, 2500, 2600,2700, 2701, 3700,3800,3801,3900, ' O 4000,4100,420, 4300,4301, 2200, 290,300,310,201, 42 SEE MAP 300, 5, 3402 3 0 0, 330 / 1 ....: IS 1 26f?C 3600,400,28OO,2901 sOI, 600, 701, 500, 702, 1 000, r 0 i V W co 4 0 �Z I 1 3 J a R .,,,{ W ,,„ , /iili. . • riiii (� / i /iiiiii / /ii / / /i /i/ll / / / /ii iiiiirii/i//.42 z ti//STREET,/ lIll / /ii /i / /// ii/,,;' /.,. ,,,,,,, •'V„TT„•�1.,,- i / „ i,,,,,,ii iir„,,,,, vi . /i ,,,,, ,iii iii i ii ;,, , „,,,,,,,,,,, i / vi „„, iiiiiii /iii,, ,,,,iiiiiiii /i /iiiii,,, ,,,,.i /l,/ iii /i /, /,,,LOCUS ,ii /hill, „i / /,riii,,,,, ,, / / / / / /l /,,,,,, i,, iii /i /Ili /iliili / /il // / / / / / /ll /i /iili / /,,,,,, /iii /. /,, „ „, / / BEGIN. CR. 75* ° (CR. 753 -5o' WIDTH) • /6p' ~ z t�� t +�Tv`'Z X 50 30 50 50 50 50 50 50 5 30 25 5 0 50 50 50 if 50 ° 50 ? 50 7 50 7- 50 5o 50 50' 50 N 89 30 E 387.62 327.98 339.42 / 900 1 338.25 1 700 I I I 10 0 20 2 2031 120435 . AC. .,k / n 4400 1 ' c 6 55 AC . 22 AC. 2.2043k �, / . 67Ac. 1 2 Ac. o o a / ,� 1.74 Ac. O o ad I O _A 81 F+ .. 81 '2 18 0 8 Z fp +1r. / ¢ 4 3 2 I ° °1 12 4 3 i 2 I I -° 4\ 3 2�� I o N 4 3 2 1 4 3 2 2 1 ° - m Ios+ 1 1 I i- — — — — ofi , , o 15 : m W n a 1 _ 99.58 o 6 --&- + � 4 o • ¢-' -4- -b- ` "}4 -/- 5Y �- -5C-I- -� - - - - w m4 - - - 4- 4 W 0 50 0 -L 40 � � 5 12 , ,I 40 • 0 5 , 12 ••s 01 { O loo i 50 12 (� � 5 12 0 0 , 0 $ 5 1 2 n 81.56 < ._ m Li 12 8 1 m I ,n 5 - 6 'r'I j �h r / ` 0 sod N N t. • 1 100 _14 I I _ _ 10_ _ d. � (62.50) 37.50 (31) (19)� 50 } T ' lY 0 N 89 222.50 J 0 t l '- 11 ' I 0 1 I o 6 ( 11 v 30 6 I 11 n i I ' r 6 11 h o 4600 so.00 172.s0 6 I1 $1 ms 's»•• 12 6CJ I I 3p . i.t SEE MAP a I IS 1 35BA F z \ > '' 2 L59 . 4 r -¢- — -9- — f� Il.i.s 42 ( J \ QQ { 12931 I I N 10 1 1 c • � ro J\ 4 1.53 A.C. o _ , � i I - / I A o t : 0 W a J p O 81 1 p m ` 272.02 a 0 2 1111 _ °oI fs I o 2 ��� + sp / _ 3 ( „ 4y 7 8 aO 7 8 I 1 9 44.0 r ,a w m 7 8 I 9 M”' o' 7 8 9 !O f 7 8 9 10 W I. \ s j o . 0 79.14 f 0 02 I 1 10 ti Y, D v 1 m 2 e 1 1 1 AC 1 � ,/l W I- SEE IA / N 1 H v / b 7 50 0 b 50 50 50 50 50 d SO Q I t 50 d S0 I (( J ¢ \ 4 0 50 a 50 d 50 a 50 1 50 a (350 ) d 50 d 50 1 50 (S 1 35/ =' ;tee; - - - - - I - - W 156.93 �4 /� in / off 26 8 , 3 `/ 2 VACATED R/0 78-232 ~ - - 10.04 r o - - - - - 6 ti S. W, M A PL F L E A F C.R. 1508 STREET n / / E2 4'S >O m - 6� N m ,p — ` I p X fw 77.L5 50 > 3� F'' 50 50 50 5 7-; 5 6 M Ow O V SO 50 4 50 7 50 Q 50 Q 50 1 50 7 5° t 50 4 50 N / / 1003 SS > o 4 s `13,- N .o 9° 66.6 ' m u Z h 3 5 17 I N89 °31'21 ° E 1 Q I 1 3 I i I 1 O 54 V- f ,5.64A . 2 1' o 34 8 0 ° 46' = 0 3 c� .'� N. / ° t o. o o Q I t''' o } 10 4 3 G I ° sI ° 0 4 3 2 1 0 , -4 2 i 3 '? 1 81 1_ 4 3 2 I O rd . 4 I 1 I o 1 1 _ C / cv 90.40 4,7* e _ — v / m 4 ?% , �0 ti a 10 04 I \ I I m' I i.,i • •j / 5.,> • � ^1. 3.2 /Ac. o 1 1 1 2 1 L= METZGER ELEMENTARY ' 1 I / - � -6- •b -d- 4 .s:.. 101.55 -��� a1 S' QA 2r. 4.B� 1 �N i� •�� 10 10 x�� 100 100 c r QQ R 134. 6 0: •• i5 :•«• SCHOOL O /STRICT 13✓ • ”' / 5 12 , •'• k 5 7 � ° ,nI 1° 5 '/� 12 n1Q', In 5 IS 12 2,1 i .` I_ nl C.!) 11 ? 5 I,7 1 nl ..'N I n 5 � 12 n J 2 1 �3 R= 1 34.60 � o ,� � `° t > A 4 \ \ 44 �• I Q„l - • • .`f� o � • id + .t I f , / w 1 1 6. 70 ..t' • a N : » - - N 89 30 57 E � • • 62 h 2- .. w ti w f / O •, . 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Sri /uii iri // , raffia z ,�i. , �: , , , / / ,i /' ; ., , / „./. .rr�i /// ., �; ,� /�”' %�i� � . .. .rG.:^. % /. � /�i �� r .,n�G� / /1 i7.'f //�i .�;'���� ,/�2"'/, /,. , /i -, ,v. r/i, � ���4l:Tl %��, �� � ..,, ., ., i,.. i . ,, - i ., . • .... .. , , : „ , ,. ,. , . , ,.. ,. ,. ., .. / ' .?b 100 100 1 Y I 0 750 100 100 1 1 7.50 6:,,. 750 300' 100 100 p 2 232.42 II � , Li 26 o In 1.0 4.22 C,'S. I r 4.22 CH 58.48 N 89' 22 E 3300 a 22 C S 1741 3201 a 3203 9.48 CI1S YO. / (C,S.23,627) r 0 3 / / f _ -__ 1 1 I .95Ac. 4C. 7/ AC. /B A C. 9 9 A .30 AC `9 / r H E ri R 1 J J l I 1 _ _ _ 1 1 1-' ,\ r � I 3202 6 3205 '9 ? 0,5 • I--1 -f- I I itB' 1 7_ T 7 - v. ; .36 AC. �� t 'o o AC. 4oq� b ; 4 v - >0 -50 Q , (� 1 I v _ ti b ` � 9. 'r k 76.03 1 N �,° 4J ,D N u /� `Z` L M °Ic • t0 q D. / ` 1006 r 6 Q 7 I M ( 8 a 1 9 r M O o r• 0k� � e 6 k • o / y . � � p 52 Ac. 0 I 1 I If 95 _ 9% 1 300' I z 0 y � `G �' L. z I 75 75 75 75 100 / Y� 'PO I loo 1 I O� 3302 3303 3301 3403 I 4' � 40 • � o s2 e � 1 z 1 1 N N 22 AC. 22 AC. 22 29 AC. 0 0 0 �� - 1 N• I 5‘ k i‘ I -se. 2" I I to r, off` �® ? k" q ; I 100' 1 I 4E,F # ®1;k ' 72.48 N 89 34' E N 89 21' I E S 89°30 w s B9° 34' W 6 Y O. V 341.65 4. I , 1 4.22 CH S 4.22 (:HS. 6 1 2. M 64 -42437 88 56482 175 75 7a 10 1,-- 79 ry 1 + 4- N S.W. -- -L a- -`OAK 4- L --1- STREET 1 4' ` ( 1 (C 823 -40' WIDTH ) K, WASHINGTON COUN a so DEPARTMENT OF ' ASSESS?+4E'� � t T �a(RTlON :+- W SEE MAP SEE MAP OCT 2. �9 \ IS 1 35BD IS 1 35AC FOR ASSESSMENT PUR : - S ONLY F+ � s�IT t�d18 O8ES \ C}N Y • DO NQT 8E!•YT OH fl..; DO NOT RELY ON FOR <;.Y OTHER USE 7�FIl1E TIGA RD . 1 S I 35AB 1 SW I/4 SE I/4 SE TION 26 T I S R I W W. (. • . . . . 1 , _____ _ / • , _, .. WASHINGT N COUNTY OREGON SE MAP SIN C ••4 I S L E I 1001 15 1 26D6 �- i' \ tt.�. \F�. S tti \'Ct EAST 190.30 800 301 Igo. 3 ' r 201 202 203 100 i3� sp' CANCELLED TAX LOT . / 1 i ' .41 Ac. n .8/ Ac. 1600 -AI, 200,50 n .4/ Ac. 0,43. 902 O N I \ 3400, 5 300, N 1 O /% ro (C. S. No. 12827) N 1 J s- .( O J J ,. ti 2.c.E•,�c. °' 0, 1 § 2 - 3 . r _ -1 14.61 a f 44.x9 O r 140 R s 4/ Ac. 3 00 r 0 % f 61.00 c r n 40 Ac a Ir * 144 EAST - ` - (C S.No. 11585) N s.00 M 40 d Co. Rd. zo7e o 0 0 O EAST F ,. 0 m I I cc rsi r \ v 1 90. 3' � .� r • � • 0 I • N 130 nr y l95.lb ' nr� �2Q4 39. / ., ;34c k .405 Ac. 205 w 1 0 700 ' > e W N20Ac. .454c. 19 4 0 o Q. .3 0Ac. .25Ac. F - v ,..mot m I Of / A Q o ��r� I 1 P �~ I W ! / h C F \J i (" I -) 1 CO \ C _ f EAS -- '�J o S., r m v 1.1.1 ¢ 6 5 00 7530 s /� 0 6 _ 70.1 5 70.15 � V • a 901 \ 5 ®1300 501 ' 206 207 m - W r F 4.5 Ac. Q t . o - 701 > r 2.9 9 Ac. `$ o. /7Ac. o E Q 7 0 26Ac. f \ ; ' ( C S. NO. 11,02\9 o 1 z (/• / L. C INITIAL / 1 ^.' 1 90.3 • NT I0 50 r h 0 '- -- ! 3p. }5� �, i 4Pal5r. \ \ 7.0 , 12 0. 3' , r, 0 1200 WES + ° ' • 190.30 , BORDERS STREET 0 r , `, 256.aa _ o .69 Ac. m C R. 127 °� 0 • , 4 co •E61N 12 er If 1800 190. 1801 9 3.3' 9 7' 80 1 (110.3) 1 700 1 1600 1 1501 1500 f °, .45Ac. .32Ac. .38Ac. .38Ac. o. o 45). AC; ;, o . /6A c. .22 Ac. a • ..1 7,3 7 o c N lo ro : ' 0 r- ID 80 - On `l _ 2300 a 1201 4 ' X 3 9 Ac. 6 "0 z t-_-_H_____ 1 / I .34Ar. / , I (CS 1658) I_ c . D: % - 179 0 N•_89 5 3 ' W. 5575 1 i if / 1 86 86 90.3 BO -. 8 9 3 . 3' 97' 190.3 v c 82_95 / 10 05 10!)0 I 1004 1003 1002 100 i 1 100 900 o E_ 2000 105 1 .2/ Ac. .6/.4c. 1 .35Ac .35 Ac 35 Ac 35Ac 454c. 1102 I .3 Ac 190 f 2001 I° 2100 220) / J6Ac /6Ac. 0 .39Ac. 38Ac. c .34 Ac. .2/ Ac o SEE MCP i a I I o SEE MAP IS 1 26C ! 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