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Hearings Officer Packet - 02/25/2008 0 • M II City of Tigard Hearings Officer — Agenda MEETING DATE: February 25, 2008, 7:00 p.m. MEETING LOCATION: City of Tigard — Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 STAFF REPORTS: Available to the public 7 days prior to the hearing date Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Hearings Officer meetings by noon on the Friday prior to the meeting. Please call 503- 639 -4171, ext. 2438 (voice) or 503 - 684 -2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for qualified sign language interpreters for persons with speech or hearing impairments; and qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. To request such services, please notify the City of Tigard of your need(s) by 5:00 p.m no less than one (1) week prior to the meeting date at the same phone numbers listed above so that we can make the appropriate arrangements. 1. CALL TO ORDER 2. PUBLIC HEARING 2.1 ST. ANTHONY CATHOLIC CHURCH CEMETARY EXPANSION CONDITIONAL USE PERMIT (CUP) 2007 -00005 ADJUSTMENT (VAR) 2008 -00001 PROPOSAL: The applicant is requesting a conditional use permit to convert a 1.51 -acre property from single - family residential to cemetery use. The subject property is a vacant lot of record that once served the single - family home on the property to the west. The existing cemetery is immediately east of the subject lot. The applicant does not propose any buildings, removal of any trees or installation of signs. St. Anthony's Catholic Cemetery is proposing that the subject lot be used for religious burial of human remains so that it may continue to offer the service. The proposed use is a conditional use in the R-4.5 zone, requiring a public hearing. The applicant has also requested approval for an Adjustment to the minimum spacing standard of driveways and streets along an arterial because the proposed driveway does not meet the 600 -foot spacing standard. There is a street intersection (SW 117` Avenue) directly across from the proposed driveway. LOCATION: North side of SW Gaarde Street between SW 115t Ave and SW 118t Ave, neighboring and west of the existing cemetery at 11585 SW Gaarde Street; Washington County Tax Map 2S103CD, Tax Lot 3400. ZONE: R-4.5: Low Density Residential. The R-4.5 zoning district is designed to accommodate detached single - family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single- family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.360, 18.370, 18.390, 18.510, 18.705, 18.725, 18.745, 18.755, 18.765, 18.780, 18.790, 18.795 and 18.810. 3. OTHER BUSINESS 4. ADJOURNMENT HEARINGS OFFICER AGENDA — FEBRUARY 25, 2008 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 - 639 -4171 I www.tigard- or.gov I Page 1 of 1 • • AGENDA ITEM NO. 2.1 ,_ • • Depending on the number of people wishing to testify, the Tigard Hearing's Officer may limit the amount of time each person has to speak. We ask you to limit your oral comments to 3 - 5 minutes. The Hearing's Officer may further limit time if necessary. Written comments are always appreciated by the Hearing's Officer to supplement oral testimony. AGENDA ITEM NO.: 2.1 DATE: FEBRUARY 25, 2008 PAGE 1 OF Z FILE NAME: ST. ANTHONY'S CATHOLIC CHURCH CEMETERY EXPANSION CASE NOS.: CONDITIONAL USE PERMIT (CUP) 2007 -00005 ADJUSTMENT (VAR) 2008 -00001 IF YOU WISH TO TESTIFY ON THE ITEM INDICATED ABOVE, PLEASE PRINT YOUR NAME, ADDRESS & INCLUDE YOUR ZIP CODE PROPONENT OF APPLICATION OPPONENT OF APPLICATION - (Speaking In Favor or Neutral)- - (Speaking Against) - Name, Address, Zip Code and Phone No. I Name, Address, Zip Code and Phone No. - 41 - Tab6-44L o✓" I i icy. ,.ct, 012.- R?2 .6 ;) v20 fi$ Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. . 5 / 3G4.s Sufi . - 24) C • L _ an 97 <o 3 co 3 -35- 1 — — — — — — — — Name, Address, Zip Code and Phone No. Name, Address, Zip de and Phone No. sw ( l ^r X czy J7 24-L (c b3) 6,3> - - — - - - - - — - — — — - — - — - Nam 7 , Address, Zip Code and Phone No. I Name, Address, Zip Code and Phone No. 1 <e1 d. tal - )- 7 /6 0 s (4.) Lcxlo 11 20 I _ O iz- -/ 2-23 — - —1 — — Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. — — — — — — — — — — — — — — — — Name, Address, Zip Code and Phone No. I Name, Address, Zip Code and Phone No. E PUBLIC HEARING ITEM: The following will be considered by the Tigard Hearings Officer on • Monday February 25, 20 7:00 PM at the Tigard Civic Center - Town Hall, 13125 SW rignlvd., Tigard, Oregon. Both public oral and written testimony is invited. COMMU NITY The public hearing on this matter will be" condtiC'ted in 'accordance NEWSPAPEItS with the Tigard Municipal Code and the rules of procedure adopted by the Council and available at City Hall or the rules of procedure set forth in Chapter 18.390. Testimony may be submitted in writ - 6605 SE Lake Road, Portland, OR 97222 • PO ing prior to or at the public hearing or verbally at the public hear - Box 370 • Beaverton, OR 97075 ing only. Failure to raise an issue in person or by letter at some Phone: 503 - 684 -0360 Fax: 503 - 620 -3433 point prior to the close of the hearing accompanied by statements Email: or evidence sufficient to afford the decision -maker an opportunity legaladvertising @commnewspapers.com to respond to the issue precludes appeal to the Land Use Board of Appeal based on that issue. Failure to specify the criterion from the Community Development Code or Comprehensive Plan at which, a AFFIDAVIT OF PUBLICATION comment is directed precludes an appeal based on that criterion. State of Oregon, County of Washington, SS A copy of the application and all documents and evidence submit- ted by or on behalf of the. applicant and the applicable criteria are ' available for inspection at no cost. A copy of the staff report will I, Charlotte Allsop, being the first duly sworn, be made available for inspection at no cost at least seven (7) days depose and say that I am the Accounting prior to the hearing, and copies for all items can also be provided at Manager of The Times (serving Tigard, a reasonable cost. Tualatin & Sherwood), a newspaper of Further information may be obtained from the Planning Division general circulation, published at Beaverton, in (staff contact: Emily Eng) at 13125 SW Hall Blvd., Tigard, Oregon the aforesaid county and state, as defined by 97223, by calling 503- 639 -4171, or by e -mail to HYPERLINK ORS 193.010 and 193.020, that "mailto:emily @tigard- or.gov" EMILY @TIGARD - OR.GOV. CONDITIONAL USE PERMIT (CUP) 2007-00005/ADJUST- City of Tigard MENT (VAR) 2008 -00001 ST. ANTHONY'S CATHOLIC Notice of Public Hearing CHURCH CEMETERY EXPANSION TT11085 REQUEST: The applicant is requesting a conditional use permit to convert a 1.51 -acre property from single - family residential use to cemetery use. The subject property is a vacant lot of record that once served the single - family home on the property to the west. A copy of which is hereto annexed, was The existing cemetery is immediately east of the subject lot. The published in the entire issue of said applicant does not propose any buildings, removal of any trees or newspaper for installation of signs. St. Anthony's Catholic Cemetery is proposing 1 that the subject lot be used for religious burial of human remains so that it may continue to offer the service. The proposed use is a Successive and consecutive weeks in the conditional use in the R -4.5 zone, requiring a public hearing. The followin issues applicant has also requested approval for an Adjustment to the min - 9 imum spacing standard of driveways and streets along an arterial February 7, 2008 from 600 feet to 417 feet. LOCATION: North side of SW Gaarde Street between SW 115th Ave and SW 118th Ave, neighboring and Chan 1 west of the existing cemetery at 11585 SW Gaarde Street; Wash - ( � Q `� - ington County Tax Map 2S103CD, Tax Lot 3400. ZONE: R -4.5: Charlotte Allsop (Accounting M Hager) Low Density Residential. The R -4.5 zoning district is designed to accommodate detached single- family homes with or without acces- sory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single- family units are permitted condition - Subscribed and sworn to before me this ally.. Some civic and institutional uses are also permitted condi- February 7, 2008 tionally. APPLICABLE REVIEW CRITERIA: Community De- f` � , v Code Chapters 18.330, 18.360, 18.370, 18.390, 18.510, 5d/ii,--16:3LQ, 18.7058.705, , 18.725, 18.745, 18.755, 18.765, 18.780, 18.790, 18.795 and 18.810. Publish 2/7/2008 TT11085 NOTARY PUBLIC FOR OREGON My commission expires `1 - — _, 1 .. 7[ `;,� \ 'may Acct #10093001 � �� _����-1�-0 OFFICIAL SEAL ���� � � _......./ • �<,�j " , . - , � � - -„. 1 C 1 . 11,240-.00005 w ..._ ... _�; • Patty Lunsford tr7). i — ........_ ST. ANT ONVS SUZ ETTE I CURRAN - ! I 1 . "' * ST A tO II C City of Tigard yt� - aivkcrt • - N OTARY PUBLIC - OREGON -- - � f i i , ,1 1 f-(' \ _ {F,,.I}I I,li� 13125 SW Hall Blvd ( COMMISSION NO. 422662 — iAI 1 � � �� ( MY COMMI88ION EXPIRES NOVEMBER 28, 20 11 .f "{ ` f ..I_ IlL - EX Tigard, OR 97223 • � _ � L_ I . r .1. , 1 � ) [ " ma y ` "�" � " � i i ' 1' „��,: uelccr �__ f Amount Due $ 187.88 .. �_ / ` � � �? . . i .. 1 it LEGEND Size 2 x 11.25 + s Ao -- 'remit to address above `— \ - " : .. �{ ; ,____- t _I ! i sx G is [ i WNF S/ ... _.. ..✓ I Y , q - 11 IL._ 1) Fri _ -- 1m r / _ . - u. T �� I . kt � ._ ..:� J_ ..... .gyp 1 - ,.- ...,....- .�.,.. ...... .." NOTICE TO MORTGAGEE, •NHOLDER, VENDOR OR SLIER THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NCrIICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER icZ PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY FEBRUARY 25. 2008 AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER AT 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: FILE NOS.: CONDITIONAL USE PERMIT (CUP) 2007 -00005 ADJUSTMENT (VAR) 2008 -00001 FILE TITLE: ST. ANTHONY'S CATHOLIC CHURCH CEMETERY EXPANSION APPLICANT'S APPLICANT: St. Anthony's Catholic Cemetery REP.: Planning Resources, Inc. Attn: Al Tabayoyon Attn: Dan Jung 9905 SW McKenzie Street 7160 SW Fir Loop, Suite 201 Tigard, OR 97223 Portland, OR 97223 OWNER: Roman Catholic Archbishop of Portland in Oregon, and Successors, a Corporate Sole 2838 E Burnside Ave Portland, OR 97214 REQUEST: The applicant is requesting a conditional use permit to convert a 1.51 -acre property from single- family residential use to cemetery use. The subject property is a vacant lot of record that once served the single - family home on the property to the west. The existing cemetery is immediately east of the subject lot. The applicant does not propose any buildings, removal of any trees or instillation of signs. St. Anthony's Catholic Cemetery is proposing that the subject lot be used for religious burial of human remains so that it may continue to offer the service. The proposed use is a conditional use in the R-4.5 zone, requiring a public hearing. The applicant has also requested approval for an Adjustment to the minimum spacing standard of driveways and streets along an arterial from 600 feet to 417 feet. LOCATION: North side of SW Gaarde Street between SW 115t Ave and SW 118 Ave, neighboring and west of the existing cemetery at 11585 SW Gaarde Street; Washington County Tax Map 2S103C D, Tax Lot 3400. ZONE: R Low Density Residential. The R zoning district is designed to accommodate detached single - family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single - family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.360, 18.370, 18.390, 18.510, 18.705, 18.725, 18.745, 18.755, 18.765, 18.780, 18.790, 18.795 and 18.810. • • THE PUBLIC HEARING ON THIS MA1 "ER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURES ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639 -4171, EXT. 2438 (VOICE) OR (503) 684 -2772 (1T)D - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ANYONE WISHING TO PRESENT WRITI"EN 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 HEARINGS OFFICER WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE HEARINGS OFFICER 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 LESS THAN SEVEN (7) DAYS PRIOR TO THE PUBLIC HEARING, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. A REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY HEARING (ORS 197.763(6). 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 HEARINGS OFFICER 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 LE'T1 ER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE HEARINGS AUTHORITY 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 TWENTY -FIVE CENTS (250 PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY -FIVE CENTS (25 PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER EMILY ENG AT 503.639.4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223, OR BY E -MAIL TO emilyatigand- or.gov. 1 m,,t ,, ' ■M VICINITI' 11 4n, WHIS j LP . ' - - EXPANSION •=4111 im vir AVM 11111 II sr ANTFIONY'S . '...., AIHV LN ii 3 - -� / re � , '& . Ili 5L R ....- ‘ Iwo/awl ma 2 ,f -. T 111 " _ - t, -,.�- i ■ ■ flJ a n di 11111 M a laid I ffr i --7:::::: .-:-.- -.7.- • • BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by St. Anthony's Catholic ) FINAL ORDER Cemetery for a conditional use permit to expand an ) CUP2007 - 00005 existing cemetery onto an adjacent 1.5 -acre property west ) VAR2008 - 00001 of 11585 SW Gaarde Street in the City of Tigard, Oregon ) (St. Anthony's Cemetery) A. SUMMARY 1. Al Tabayoyon filed the application for St. Anthony's Catholic Cemetery (the "applicant "). The applicant requests approval of a conditional use permit to expand the existing St. Anthony's Catholic Cemetery at 11585 SW Gaarde Street onto a vacant 1.5 -acre parcel abutting the west boundary of the existing cemetery. The legal description of the 1.5- acre parcel is Washington County tax lot 2S103CD3400 (the "site "). The applicant will use the site for religious burial of human remains. The applicant did not propose construction of any buildings or signs or removal of any trees. The applicant also requests approval of an adjustment to the arterial access spacing standards to reduce the spacing from 600 to 417 feet for the existing driveway serving the site. Additional basic facts about the site and surrounding land and applicable approval standards are provided in the Staff Report to the Hearings Officer dated February 15, 2008 (the " Staff Report"), incorporated herein by reference. 2. Tigard Hearings Officer Joe Turner (the "hearings officer ") conducted a duly noticed public hearing to receive testimony and evidence in the matter. At the public hearing, City staff recommended conditional approval of the application. Representatives of the applicant testified in support of the application. Other than service providers, no one else testified orally or in writing. Disputed issues in this case include: a. Whether the applicant is required to close the existing driveway to Gaarde Street on the cemetery east of the site; b. Whether the applicant is required to dedicate right of way and plant street trees along the frontage of the existing cemetery; and c. Whether the City can require the use of a specific street tree species. 3. The hearings officer concludes that the applicant sustained the burden of proof for a conditional use permit and adjustment based on the findings and conclusions included and incorporated herein and subject to conditions at the end of this final order. B. HEARING AND RECORD 1. The hearings officer held a duly noticed public hearing on February 25, 2008 to receive and consider public testimony in this matter. The record includes a witness list, materials in the casefile as of the close of the record, including materials submitted after the hearing, and an audio record of the hearing. At the beginning of the hearing, the hearings officer made the declaration required by ORS 197.763. The hearings officer disclaimed any • • ex parte contacts, bias or conflicts of interest. The following is a summary by the hearings officer of selected relevant testimony offered at the hearing. 2. City planner Emily Eng summarized the Staff Report and responded to testimony from the applicant's representatives. a. She noted two typographical errors at pages 5 and 17 of the Staff Report. The applicant did not propose any new impervious surface areas on the site. Therefore the applicant will not be required to collect, treat or detain stormwater runoff from the site. 3. Planner Ken Sandblast, Cemetery Board chair Al Tabayoyon, Father Leslie Sieg and Cemetery Board member Bruce Hollister testified for the applicant. a. Mr. Sandblast accepted the findings and conditions in the Staff Report with certain exceptions. i. He requested the hearings officer modify condition of approval 10 to clarify that street trees are only required along the frontage of the 1.5 -acre site. The applicant is not required to plant street trees along the frontage of the existing cemetery east of the site. ii. He requested the hearings officer modify condition of approval 3 to require that the applicant provide street trees listed on the City's Street Tree list without requiring or suggesting specific tree species. iii. He objected to condition of approval 8, which requires that the applicant remove the driveway access to Gaarde Street on the existing cemetery site. b. Mr. Tabayoyon read his written testimony summarizing the history of the cemetery and the purpose of the expansion. i. He requested the hearings officer modify condition of approval 12 to clarify that the applicant is only required to dedicate additional right -of -way along the frontage of the 1.5 -acre site. The applicant is not required to dedicate right -of -way along the frontage of the existing cemetery east of the site. ii. He objected to the City's request that the applicant close the driveway access to Gaarde Street on the existing cemetery site. The driveway has always existed in this location and it has never caused a hazard. The applicant recently spent $8,000 to install an automatic gate at this driveway's intersection with Gaarde Street. The cost to remove the existing driveway and gate and construct additional curb and sidewalk would impose a significant financial burden on the applicant. Closure of the driveway may also affect the viability of the existing cemetery. c. Father Sieg objected to the City's request that the applicant close the driveway access to Gaarde Street on the existing cemetery site. CUP2007 -00005 and VAR2008 -00001 Hearings Officer Final Order (St. Anthony's Catholic Cemetery) Page 2 • • i. He argued that the closure of the existing driveway access to Gaarde Street would render the existing cemetery unusable. A large hearse is used to transport caskets to the cemetery. The hearse must park as close to the gravesite as possible in order to limit the distance the pallbearers must carry the heavy casket. In addition, elderly funeral attendees must be able to park close to the gravesite in order to minimize the distance they must walk to attend the graveside service. Closure of the existing driveway access to Gaarde Street will force these vehicles to back up a significant distance in order to turn around and use the new driveway on the site or the existing driveway to 115th Avenue to the east. The applicant cannot construct a turnaround at the end of the driveway without impacting existing graves. ii. He testified that the majority of traffic generated by the cemetery is highly controlled. Funeral processions are directed onto a specific route into the cemetery. Most funeral processions are escorted by motorcycles, which ensure that the proper route is followed. The cemetery provides a limited number of funeral services, roughly 30 to 40 per year. iii. He testified that the applicant has no plan to use the existing driveway on the 1.5 -acre site for cemetery services at this time. The applicant may use the driveway for heavy equipment access. d. Mr. Hollister argued that the existing driveway on the site should be retained, since it provides the safest access to Gaarde Street between Pacific Highway and 121st Avenue. Sight distance is limited at most of the other existing driveway and street intersections on Gaarde Street. 4. City engineer Kim McMillan testified that the applicant must "implement" the approval by completing all of the conditions of approval within 18 months from the effective date of the hearings officer's decision. a. She agreed that the right of way and street trees required by conditions of approval 10 and 12 should be limited to the frontage of the 1.5 -acre site. No dedications or improvements are required along the frontage of the existing cemetery except as necessary to modify /close the existing driveway. b. She noted that Gaarde Street is classified as an arterial street, which requires a minimum 600 feet spacing between driveways. However it is impossible to comply with the 600 -foot spacing requirement along this site due to the location of existing driveways in the area. Closure of the driveway access to Gaarde Street would reduce the number of driveways accessing Gaarde Street and reduce the extent of the nonconformity. c. She agreed with the applicant's suggestion that both of the existing Gaarde Street driveways can be retained, provided a pork chop or similar physical barrier is installed to limit one of the driveways to right - in/right -out only movements. The applicant should be required to provide a sight distance certification demonstrating that adequate sight distance is available at the driveway serving the existing cemetery. CUP2007 -00005 and VAR2008 -00001 Hearings Officer Final Order (St. Anthony's Catholic Cemetery) Page 3 • • 5. At the end of the hearing the hearings officer held the record open for one week to allow the applicant and City staff to discuss options for driveway access to Gaarde Street. The record in this case closed at 5:00 p.m., on March 3, 2008. C. DISCUSSION 1. The Staff Report, as modified at the hearing, identifies the applicable approval criteria for the application and applies them to the record in the case. The hearings officer agrees that the standards identified in the Staff Report are applicable and finds that they are correctly applied to the facts of the case in the Staff Report. Substantial evidence in the record shows that the proposed use does or can comply with the applicable approval criteria for a CUP and adjustment, and adoption of recommended conditions of approval as amended will ensure final plans are submitted and implemented as approved consistent with those criteria and standards and will prevent, reduce or mitigate potential adverse impacts of the development consistent with the requirements of the TMC. The hearings officer adopts the findings and conclusions in the Staff Report, as modified, as his own. 2. During the open record period the applicant's engineer submitted a Preliminary Sight Distance Certification for the existing east driveway to Gaarde Street on Tax Lot 2S103CD03300 (between SW 115th and 117th Avenues). The Preliminary Sight Distance Certification demonstrated that it is not feasible to meet City sight distance requirements from the west of this driveway. Therefore the applicant should be required to restrict this driveway to right in/right out movements only. This will allow the applicant to continue using this driveway for funeral services and cemetery access while reducing the number of full- access driveways on Gaarde Street and eliminating the existing safety hazard caused by the inadequate sight distance to the west of this intersection. The applicant should be required to install proper signage and construct a raised pork chop style median approved by the City to restrict this driveway to right - in/right -out movements. Conditions of approval 5 and 8 in the Staff Report should be modified to that effect. Condition of approval 7 in the Staff Report, which requires closure of this driveway, should be deleted. 3. The applicant's Preliminary Sight Distance Certification demonstrates that, with certain modifications, it is feasible to achieve adequate sight distance in all directions at the intersection of the existing driveway on tax lot 2S103CD3400 at Gaarde /SW 117th Avenue. Therefore the applicant should be allowed to retain this driveway as a full- access driveway, provided the applicant completes all modifications necessary to obtain adequate sight distance. This is required by condition 9 in the Staff Report. 4. The hearings officer finds that the applicant is only required to dedicate right of way and plant street trees along the frontage of the 1.5 -acre site, tax lot 2S103CD3400. The applicant is not required to dedicate right of way, plant street trees or otherwise modify the existing cemetery site, Tax Lot 2S103CD03300, except as necessary to modify the existing driveway to right - in/right -out only movements. Conditions of approval 10 and 12 of the staff report should be modified to that effect. CUP2007 -00005 and VAR2008 -00001 Hearings Officer Final Order (St. Anthony's Catholic Cemetery) Page 4 • • 5. City staff recommended that the applicant consider planting large stature street trees along the site's frontage. The hearings officer supports this recommendation. However the Code only requires that the applicant plant trees listed on the City's approved street tree list. The City has no authority to require that the applicant utilize a particular tree species from the approved list. Therefore condition of approval 3 should be modified to eliminate this "recommendation." D. CONCLUSIONS Based on the findings and discussion provided or incorporated in this final order, the hearings officer concludes that the applicant sustained the burden of proof that the proposed conditional use permit and access spacing adjustment do or will comply with the applicable criteria of the Community Development Code, provided development that occurs after this decision complies with applicable local, state, and federal laws and with conditions of approval warranted to ensure such compliance occurs in fact. E. DECISION In recognition of the findings and conclusions contained herein, and incorporating the Staff Report and public testimony and exhibits received in this matter, the hearings officer hereby approves CUP2007 - 00005 and VAR2008 - 00001 (St. Anthony's Cemetery), subject to the following conditions of approval: CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF THE PUBLIC FACILITY IMPROVEMENT (PFI) PERMIT: Submit the following to the City Arborist (Todd Prager, (503) 718 -2700) for review and approval, and include a cover letter indicating where in the submittal the condition has been satisfied: 1. Prior to receiving a PFI Permit, the applicant /owner shall record a deed restriction to the effect that any existing tree greater than 6" diameter may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid for any tree preserved in accordance with this decision that either dies or is removed as a hazardous tree. 2. Prior to receiving a PFI Permit, the applicant's arborist shall prepare a protection program that addresses tree protection both during fence installation and after the site becomes a cemetery (i.e., where burials can occur and what type of landscaping is appropriate near existing trees). 3. If the applicant chooses to modify the species of street trees, the applicant shall submit a revised street tree_ plan indicating the tree type(s) and any changes in spacing. The applicant shalf utilize tree species identified on the City's approved street tree list. Submit to the Current Planning Division (Emily Eng, (503) 718 -2712) for review and approval: 4. Prior to receiving a PFI Permit, the applicant shall revise the site plan to show a visual clearance tnangle for the proposed accesses on SW Gaarde Street, meeting the visual clearance standards for dnveways on an arterial. CUP2007 -00005 and VAR2008 -00001 Hearings Officer Final Order (St. Anthony's Catholic Cemetery) Page 5 • • Submit the following to the Engineering Department (Kim McMillan, (503) 718 -2642) for review and approval, and include a cover letter indicating where in the submittal the condition has been satisfied: 5. A Public Facility Improvement (PFI) permit is required for this project to cover modification of the existing driveway to right- rn/nght -out only access and any other work in the public right -of -way. Three (3) sets of detailed public improvement plans shall be submitted for review to the Engineering Department. NOTE: these plans are in addition to any drawings required by the Building ivision and should only include sheets relevant to relevant improvements. Public -FFacility Improvement (PFI) permit plans shall conform to City of Tiggard Public ImprovementDesign Standards, which are available at City Hall and the City's web page (www.tigard - or.gov). 6. The PFI permit plan submittal shall include the exact legal name, address and telephone number of the individual or corporate entity who will be designated as the "Permittee ", and who will provide the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. 7. The applicant shall modify the existing driveway on Tax Lot 2S103CD03300 (between SW 115th and 117th Avenues) allow nght. in/right -out movements only. This right-in/right-out movement shall be accomplished with proper signage and the construction of - a raised pork chop style median. 8. The applicant shall modify the fencing and vegetation as necessaa obtain adequate sight distance at the existing driveway on tax lot 2S 1030U3400 at Gaarde /SW 117th Avenue. This dnveway_can be used for full ingress /egress movements upon completion of the modifications required to meet sight distance. The applicant s engineer shall provide a final sight distance certification upon completion of modifications to the vegetation and fencing. 9. The applicant shall install street trees that meet the size and spacing standards of the TDC along the Gaarde Street frontage of the 1.5 -acre site, tax lot 2S103CD3400. The tree species shall be consistent with the City's approved street tree list. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO FINAL PROJECT ACCEPTANCE: Submit the following to the Engineering Department (Kim McMillan, (503) 718 -2642) for review and approval, and include a cover letter indicating where in the submittal the condition has been satisfied: 10. The applicant shall complete any work in the public right -of -way and obtain approval from the Engineering Department. 11. Additional right-of-way shall be dedicated to the Public along the Gaarde Street frontage of the 1.5 -acre site, tax lot 2S103CD3400, to increase the right - - way to 38 feet from the centerline. The description shall be tied to the existing right -of -way centerline. The dedication document shall be on City forms. Instructions are available from the Engineering Department. CUP2007 -00005 and VAR2008 -00001 Hearings Officer Final Order (St. Anthony's Catholic Cemetery) Page 6 • • 12. The applicant shall execute a Restrictive Covenant whereby they agree to complete or participate in the future improvements of SW Gaarde Street adjacent to the subject property, when any of the following events occur: A. When the improvements are part of a larger project to be financed or paid for by the formation of a Local Improvement District, B. When the improvements are part of a larger project to be financed or paid for in whole or in part by the City or other public agency, G When the improvements are part of a larger project to be constructed by a third and involves the sharing of design and/or construction expenses by the party owner(s) of property in addition to the subject property, or D. When construction of the improvements is deemed to be appropriate by the City Engineer in conjunction with construction of improvements by others adjacent to the subject site. 13. The applicant's engineer shall provide a final sight distance certification for both accesses on SW Gaarde Street after sight distance obstructions have been removed. THIS APPROVAL MUST BE IMPLEMENTED WITHIN 18 MONTHS FROM THE EFFECTIVE DATE OF THE HEARINGS OFFICER'S DECISION. DATED this 7th day of March 2008. J urner, Esq., AICP City of Tigard Land Use Hearings Officer CUP2007 -00005 and VAR2008 -00001 Hearings Officer Final Order (St. Anthony's Catholic Cemetery) Page 7 • • "TAB A" Testimony Received at the Public Hearing. • • planning ' F,1 i ■ land use planning • site design 7160 SW Fir Loop, Suite 201 Portland, Oregon 97223 Tel: 503- 684 -102o Fax: 503- 684 -1028 March 3, 2008 Emily Eng, Assistant Planner City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 RE: St. Anthony Catholic Church — CUP 2007 -00005 Emily: Per the testimony at the St. Anthony Catholic Church Cemetery Expansion public hearing held on February 25, 2008, and subsequent coordination with City Staff, the applicant requests the final decision reflect the below changes in conditions of approval: • COA #3 should be revised to note any tree identified on the City's approved street tree list is acceptable for the purposes of planting street trees along the site's frontage. • COA #5 should be modified to delete any reference to "removal of driveway, construction of the curb and sidewalk ". • COA #7 should be deleted in its entirety. • The application finds the below language to be acceptable as replacement language for COA #8: The applicant's engineer has submitted a Preliminary Sight Distance Certification for the existing east driveway on Gaarde Street. The sight distance is not met from the west, therefore, the applicant shall be allowed to keep the existing east driveway on Gaarde Street with restricted right in/right out movements only. This right in -right out movement shall be accomplished with proper signage and the construction of a raised pork chop style median. • The application finds the below language to be acceptable as replacement language for COA #9: The existing west driveway at Gaarde Street/117 Avenue can meet the sight distance requirements with some modifications to vegetation and fencing. This driveway can be used for full ingress /egress movements upon completion of the modifications required to meet sight distance. The applicant's engineer shall provide a final sight distance certification upon completion of modifications to the vegetation and fencing. • COA# 10 should be revised to specifically identify Tax Lot 3400 (2S103CD) as conditioned to plant street trees. Abutting Tax Lot 3300 is excluded from this condition. , • • • COA# 12 should be revised to specifically identify Tax Lot 3400 (2S103CD) as conditioned to dedicate right -of -way. Abutting Tax Lot 3300 is excluded from this condition. Sincerely, 1 10 Dan Jung Patty Lunstord • From: Emily Eng Sent: Monday, March 03, 2008 4:22 PM To: 'Joe Turner' Cc: 'Dan Jung'; Al Tabayoyon; Ken Sandblast; Dick Bewersdorff; Kim McMillan; Patty Lunsford Subject: RE: St. Anthony's Cemetery Attachments: Cemetary Access Revised.doc; Supplemental Memo - 03- 03- 08.pdf Joe: Attached are the revised conditions for the St. Anthony Cemetery CUP final order and a supplemental memo from the applicant to close the record The applicant has agreed upon the conditions. If you need anything else, please let me know. -Emily Emily Eng Assistant Planner City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 P: (503) 718 -2712 F: (503) 718 -2748 www.tigard- or.gov • t r4, • • The applicant's engineer has submitted a Preliminary Sight Distance Certification for the existing east driveway on Gaarde Street. The sight distance is not met from the west, therefore, the applicant shall be allowed to keep the existing east driveway on Gaarde Street with restricted right in/right out movements only. This right in -right out movement shall be accomplished with proper signage and the construction of a raised pork chop style median. The existing west driveway at Gaarde Street/117` Avenue can meet the sight distance requirements with some modifications to vegetation and fencing. This driveway can be used for full ingress /egress movements upon completion of the modifications required to meet sight distance. The applicant's engineer shall provide a final sight distance certification upon completion of modifications to the vegetation and fencing. • • • Emily Eng From: Dan Jung [danj ©prilanduse.com] Sent: Monday, March 03, 2008 3:35 PM To: Emily Eng Cc: Al Tabayoyon; Ken Sandblast; Dick Bewersdorff; Kim McMillan Subject: RE: St. Anthony's Cemetery Attachments: Supplemental Memo - 03- 03- 08.pdf Emily, The revised condition language is acceptable. Attached is a memo outlining all of the Cemetery Board's raised concerns. Please review and let me know if you have any questions. Thanks, Dan Jung Planning Resources, Inc. 7160 SW Fir Loop, Ste# 201 Portland, OR 97223 503.684.1020 503.684.1028 (fax) From: Emily Eng [mailto:Emily @tigard - or.gov] Sent: Monday, March 03, 2008 10:59 AM To: Dan Jung Cc: 'al @tabayoyon.net Subject: FW: St. Anthony's Cemetery Dan, Attached are the revised conditions. Please let me know if St. Anthony's will agree to these. -Emily Emily Eng Assistant Planner City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 P: (503) 718 -2712 F: (503) 718 -2748 www.tigard- or.gov From: Kim McMillan Sent: Monday, March 03, 2008 9:31 AM To: Emily Eng Cc: Dick Bewersdorff Subject: St. Anthony's Cemetery I revised these conditions based on the Sight distance certification submitted. Kim • • Kim McMillan Development Review Engineer 503- 718 -2642 Fax 503 - 624 -0752 2 • ST. ANTHONY CATHOLIC CEMETERY PRELIMINARY SIGHT DISTANCE CERTIFICATION February 27, 2007 City of Tigard CD - Development Engineering 13125 SW Hall Blvd., Tigard, OR 97223 503- 639 -4171 Fax:503- 624 -0752 http: / /www.tigard- or.gov Attn: Kim McMillan RE: St. Anthony Catholic Cemetery — Preliminary Sight Distance Certification (East Driveway) The access point for this project is located approximately 225 feet west of SW 115 Ave.on the north side of SW Gaarde St. The speed limit along SW Gaarde St is 35 M.P.H., thus requiring 350 feet of sight distance in both directions, in accord with Tigard Development Code Section 18.705.030.H.1. As required by Code Sections 18.705.030.H.1, sight distance from the access point onto SW Gaarde St. is measured to be 350 feet to the east and 325 feet to the west of the access point. The Code Section requires that measurements be based on an eye height of 3.5 feet and an object height of 4.25 feet above the road; and be assumed to be 10 feet from the fog line to the front of a stopped vehicle, (actual measurement is taken 15 feet from pavement edge). In conclusion, I hereby certify that the intersection sight distance at the existing access point to SW Gaarde St. for St. Anthony Catholic Cemetery will conform to the requirements for sight distance as set forth in the Tigard Development Code in the east direction only. _900 PROFF „ (fr , 70;.. PE,/ N1 '9 001' S. 0 I EXPIRES: /7/31/Zed9 j Bradley S. Albert, P.E. #70,695 "TAB B" Applicant's Materials & All Correspondence Filed with Hearings Officer Prior to the Public Hearing. 0o • • Agenda Item: 2.1 Hearing Date: 2.25.2008 Time: 7:00 PM STAFF REPORT TO THE HEARING'S OFFICER FOR THE CITY OF TIGARD, OREGON TIGARD 120 DAYS = 7 2008 SECTION I. APPLICATION SUMMARY FILE NAME: ST. ANTHONY CATHOLIC CEMETERY CASE NOS: Conditional Use Permit (CUP) CUP2007 -00005 Adjustment (VAR) VAR2008 -00001 APPLICANT: St. Anthony's Catholic Cemetery OWNER: Roman Catholic Archbishop of Attn: Al Tabayoyon Portland in Oregon, and 9905 SW McKenzie Street Successors, a Corporate Sole Tigard, OR 97223 2838 E Burnside Ave Portland, OR 97214 APPLICANT'S Planning Resources, Inc. REP: Attn: Dan Jung 7160 SW Fir Loop, Suite 201 Portland, OR 97223 PROPOSAL: The applicant is requesting a conditional use permit to convert a 1.51 -acre property from single- family residential use to cemetery use. The subject property is a vacant lot of record that once served the single - family home on the property to the west. The existing cemetery is immediately east of the subject lot. The applicant does not propose any buildings, removal of any trees or installation of signs. St. Anthony's Catholic Cemetery is proposing that the subject lot be used for religious burial of human remains so that it may continue to offer the service. In addition, the applicant requests approval for an adjustment to the access spacing standard for an arterial from 600 feet to 417 feet. LOCATION: No site address; Washington County Tax Map 2S103CD, Tax Lot 3400. The subject parcel is located on the north side of SW Gaarde Street between SW 115th Avenue and SW 118th Avenue, neighboring and west of the existing cemetery at 11585 SW Gaarde Street. ZONING: R -4.5: Low Density Residential. The R -4.5 zoning district is designed to accommodate detached single - family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes, attached single- family units, some civic and institutional uses, as well as cemeteries are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters: 18.330, 18.360, 18.370, 18.390, 18.510, 18.705, 18.725, 18.745, 18.790, 18.795, and 18.810. SECTION II. STAFF RECOMMENDATION Staff recommends that the Hearings Officer find that the proposed Conditional Use Permit will not adversely affect the health, safety and welfare of the City and meets the Approval Standards for a Conditional Use. Therefore, Staff recommends APPROVAL, subject to the following recommended Conditions of Approval: St. Anthony Catholic Cemetery PAGE 1 OF 18 CUP2007- 00005 /VAR2008 -00001 2/25/08 STAFF REPORT TO THE I- IE_ARINGS OFFICER C ONDITIONS OF APPROVAL • THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF THE PUBLIC FACILITY IMPROVEMENT (PFI) PERMIT: Submit the following to the City Arborist (Todd Prager, (503) 718 -2700) for review and approval, and include a cover letter indicating where in the submittal the condition has been satisfied: 1. Prior to receiving a PFI Permit, the applicant /owner shall record a deed restriction to the effect that any existing tree greater than 6" diameter may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid for any tree preserved in accordance with this decision that either dies or is removed as a hazardous tree. 2. Prior to receiving a PFI Permit, the applicant's arborist shall prepare a protection program that addresses tree protection both during fence installation and after the site becomes a cemetery (i.e., where burials can occur and what type of landscaping is appropriate near existing trees). 3. RECOMMENDATION: Prior to receiving a PFI Permit, the applicant shall consider planting large stature street trees, such as Oregon White Oak (Quercus garryana), Zelkova serrata, and Northern Red Oak (Quercus rubra). Spacing may need to be adjusted if the applicant chooses to plant a large- stature tree. The applicant shall submit a revised street tree plan indicating the change in tree type and any changes in spacing. Submit to the Current Planning Division (Emily Eng, (503) 718 -2712) for review and approval: 4. Prior to receiving a PFI Permit, the applicant shall revise the site plan to show a visual clearance triangle for the proposed access, meeting the visual clearance standards for driveways on an arterial. Submit the following to the Engineering Department (Kim McMillan, (503) 718 -2642) for review and approval, and include a cover letter indicating where in the submittal the condition has been satisfied: 5. A Public Facility Improvement (PFI) permit is required for this project to cover removal of the driveway, construction of the curb and sidewalk and any other work in the public right -of -way. Three (3) sets of detailed public improvement plans shall be submitted for review to the Engineering Department. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement (PFI) permit plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall and the City's web page (www.tigard - or.gov). 6. The PFI permit plan submittal shall include the exact legal name, address and telephone number of the individual or corporate entity who will be designated as the "Permittee ", and who will provide the financial assurance for the public improvements. For example, specify if the entity is a limited mited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. 7. Tax Lot 2S103CD03300 shall not be permitted to access directly onto SW Gaarde Street. 8. The applicant shall submit lans to remove the driveway on Tax Lot 2S103CD03300 (between SW 115th and 117th Avenues) and replace it with curb and sidewalk to match existing curb and sidewalk. 9. The applicant shall remove a portion of the wrought iron fence to the east of the driveway on SW Gaarde/SW 117th Avenue. The applicant shall remove a portion of the wood split rail fence to the west of this same driveway. This shall be done in order to obtain adequate sight distance from this driveway, in accordance with the engineer's preliminary sight distance certification. 10. The applicant shall install street trees that meet the size and spacing standards of the TDC. St. Anthony Catholic Cemetery PAGE 2 OF 18 CUP2007- 00005 /VAR2008 -00001 2/25/08 STAFF REPORT TO THE HEARINGS OFFICER • • THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO FINAL PROJECT ACCEPTANCE: Submit the following to the Engineering Department (Kim McMillan, (503) 718 -2642) for review and approval, and include a cover letter indicating where in the submittal the condition has been satisfied: 11. The applicant shall complete any work in the public right -of -way and obtain approval from the Engineering Department. 12. Additional right -of -way shall be dedicated to the Public along the frontage of SW Gaarde Street to increase the right -of -way to 38 feet from the centerline. The description shall be tied to the existing right-of-way centerline. The dedication document shall be on City forms. Instructions are available from the Engineering Department. 13. The applicant shall execute a Restrictive Covenant whereby they agree to complete or participate in the future improvements of SW Gaarde Street adjacent to the subject property, when any of the following events occur: A. when the improvements are part of a larger project to be financed or paid for by the formation of a Local Improvement District, B. when the improvements are part of a larger project to be financed or paid for in whole or in part by the City or other public agency, C. when the improvements are part of a larger project to be constructed by a third party and involves the sharing of design and /or construction expenses by the third party owner(s) of property in addition to the subject property, or D. when construction of the improvements is deemed to be appropriate by the City Engineer in conjunction with construction of improvements by others adjacent to the subject site. 14. The applicant's engineer shall provide a final sight distance certification after the appropriate fencing has been removed. THIS APPROVAL MUST BE IMPLEMENTED WITHIN 18 MONTHS FROM THE EFFECTIVE DATE OF THE HEARINGS OFFICER'S REPORT. SECTION III. BACKGROUND INFORMATION Proposal: The applicant is requesting approval for a conditional use permit to convert a 1.51 -acre property from single - family residential use to cemetery use. The subject property is a vacant lot of record that once served the single- family home on the property to the west. The existing cemetery is immediately east of the subject lot. The applicant does not propose any buildings, removal of any trees or installation of signs. St. Anthony's Catholic Church is proposing that the subject lot be used for religious burial of human remains so that it may continue to offer the service. In addition, the applicant requests approval for an adjustment to the access spacing standard for driveways on an arterial from 600 feet to 417 feet. The adjustment is for an existing driveway. Another existing driveway, which does not meet the spacing standard, will be removed. Site and Vicinity Information: The proposed site is a vacant lot of record that served the single - family home on the lot directly west of it. The existing cemetery is directly east of the proposed site. The surrounding area is single-family residential and mostly zoned R -4.5. SW Pacific Highway is about 0.37 mile away. Tigard Assembly of God (with Gaarde Christian School) and Tigard First Baptist Church are located a block away. The proposed site is covered with grass that has been regularly mowed and slopes down less than 10% to the north. Site History: The St. Anthony Catholic Cemetery has been in use since 1890. The proposed site for the expansion has been used for single - family residential purposes. There have been no previous land use decisions for the existing cemetery or the proposed site. St. Anthony Catholic Cemetery PAGE 3 OF 18 CUP2007-00005/VAR2008-00001 2/25/08 STAFF REPORT TO THE HEARINGS OFFICER • Concerns Raised by Neighbors: The applicant held a neighborhood meeting on July 19, 2007. Three neighbors attended. Two of the neighbors had questions regarding the fence. The applicant indicates that no other questions were raised and that neighbors in the surrounding area did not have objections to the cemetery when they were previously contacted about the expansion. SECTION IV. REPORT MAKING PROCEDURES, PERMITS AND USE Use Classification Chapter 18.130 lists the Use Categories. Cemeteries are listed in the "Other Use Types" category. Cemeteries are described as "facilities for storing human remains. Accessory uses may include chapels, mortuaries, offices, maintenance facilities and parking." Summary of Land Use Permits and Decision - making Procedures Section 18.330.020.A states that a request for approval for a new conditional use shall be processed as a Type III -HO procedure, as regulated by Chapter 18.390.050, using approval criteria contained in Section 18.330.030A and subject to other requirements in this chapter. Type III -HO procedures apply to quasi - judicial permits and actions that predominantly contain discretionary approval criteria. Type III -HO actions are decided by the Hearings Officer with appeals being heard by the City Council. The applicant is also requesting an adjustment to the access spacing standard for driveways on an arterial, which is processed as a Type II procedure. Staff has recommended a decision to be considered by the Hearings Officer. SECTION V. SUMMARY OF APPLICABLE CRITERIA Staff has reviewed the proposal for consistency with the following code sections. Section is in Section VI of this report. A. Zoning Districts 18.510 - Residential Zoning Districts B. Applicable Development Code Standards 18.330 - Conditional Use 18.360 - Site Development Review 18.370 - Variances and Adjustments 18.705 - Access Egress and Circulation 18.725 - Environmental Performance Standards 18.745 - Landscaping and Screening 18.790 - Tree Removal 18.795 - Visual Clearance 18.810 - Street and Utility Improvement Standards C. Impact Study 18.390 SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS A. ZONING DISTRICTS Residential Zoning Districts (Chapter 18.510) Lists the description of the residential Zoning District. The proposed site is in an R -4.5 zone. The proposed use (cemetery) is permitted conditionally in the R -4.5 zone. St. Anthony Catholic Cemetery PAGE 4 OF 18 CUP2007- 00005 /VAR2008 -00001 2/25/08 STAFF REPORT TO THE HEARINGS OFFICER B. APPLICABLE DEVELPMENT CODE STANDARDS Conditional Use (Chapter 18.330) Purpose. The purpose of this chapter is to provide standards and procedures under which a conditional use may be permitted, enlarged or altered if the site is appropriate and if other appropriate conditions of approval can be met. There are certain uses which due to the nature of the impacts on surrounding land uses and public facilities require a case -by -case review and section. The applicant requests approval of a new conditional use for the proposed site. The site is a single - family residential lot and the applicant is requesting a change of use to cemetery use. Approval Standards for a Conditional Use. The Hearings Officer shall approve, approve with conditions, or deny an application for a conditional use or to enlarge or alter a conditional use based on findings of fact with respect to each of the following criteria: The site size and dimensions provide adequate area for the needs of the proposed use; The minimum lot size for cemeteries is 5 acres. The proposed lot for the change of use is 1.51 acres. With the existing cemetery lot (3.57 acres), the entire cemetery site will be 5.08 acres. The site will still be comprised of two separate lots and the applicant has indicated they do not want to combine them. Considering the difficulty of redeveloping cemeteries, a site size of 5.08 acres would be adequate to comply with the minimum lot size. This criterion is met. The impacts of the proposed use of the site can be accommodated considering size, shape, location, topography and natural features; The proposed site is 1.51 acres (65,775 square feet), which is large in relation to typical residential lots in the R -4.5 zone, which requires a minimum lot size of 7,500 square feet. The site is relatively flat, sloping down less than 10% to the north. There are 12 trees on site. The proposed site is located on SW Gaarde Street, an arterial. The impacts of the proposed use can be accommodated considering size, shape, location, topography and natural features. The main activity on the site will be burials and funeral gatherings. Operating hours will be 8 am to dusk. The existing cemetery is divided into four quadrants. The proposed site will provide enough land for two quadrants and will be used for graves only. Because the site is an expansion of the existing cemetery, it will not need any new sanitary, storm drainage or water connections. However, the applicant will be required to provide an onsite water quality facility. The applicant proposes to retain all existing trees. The proposed site will be accessible through the existing driveway on SW Gaarde Street or through the existing cemetery's access on SW 115 Avenue. This criterion is met. All required public facilities have adequate capacity to serve the proposal; and The proposed use does not require any new connections to sanitary, storm drainage or water. Therefore, it will not affect the capacity of these public facilities. Concerning streets, no new streets or driveways are necessary. The proposed site is located on SW Gaarde Street, an arterial, and will be accessed using an existing driveway on SW Gaarde Street or the existing cemetery's access on SW 115 Avenue. In fact, the existing driveway on SW Gaarde Street between SW 115th Avenue and SW 117 Avenue will be removed, bringing access spacing closer to the standard. This criterion is met. St. Anthony Catholic Cemetery PAGE 5 OF 18 CUP2007- 00005 /VAR2008 -00001 2/25/08 STAFF REPORT TO THE HEARINGS OFFICER The applicable requirements of a zoning district are met except as modified by this chapter. The proposed site meets and exceeds the minimum dimensional requirements of the R -4.5 zone, as shown below: Figure 1. Applicable Dimensional Standards Required Required for Stated /Shown in Dimensional Standard in R -4.5 Cemetery Use Proposal Front setback NA Graves 15 ft. 15 ft. Structures 25 ft. Not proposed Side setback NA Graves 15 ft. 15 ft. Structures 25 ft. Not proposed Rear setback NA Graves 15 ft. 15 ft. Structures 25 ft. Not proposed NA 5 acres 5 acres with Minimum lot size existing cemetery 50 ft. Same as zone 166 ft. 557 ft. with Average minimum lot width existing cemetery Maximum building height 30 ft. Same as zone Not proposed The applicable requirements of 18.330.050 are met; and Section 18.330.050 lists setback, lot size, and fencing requirements for cemeteries. In addition, the section specifies that there are no parking requirements for cemeteries. As shown in the figure above, setback and lot size requirements are met. Concerning fencing, the code requires that a fence of at least four feet in height located at least 2 '/z feet from any right -of -way shall completely surround the area and shall meet visual clearance area standards. The applicant indicates that a fence meeting this standard will be provided along the western and southern boundary of the proposed lot. The applicant's plans show a 4 foot high fence, 2 '/z feet from the ROW, completely around the proposed site where it abuts right -of -way and other private property. Therefore, this criterion is met. The supplementary requirements set forth in other chapters of this Code including but not limited to Chapter 18.780, Signs, and Chapter 18.360, Site Development Review, if applicable, are met. The applicable review criteria in this case include the following chapters of the Community Development Code: 18.330, Conditional Use; 18.360, Site Development Review; 18.390, Decision - Making Procedures; 18.370, Variances and Adjustments; 18.510, Residential Zoning Districts, 18.705, Access, Egress and Circulation; 18.725, Environmental Performance Standards; 18.745, Landscaping and Screening; 18.790, Tree Removal; 18.795, Visual Clearance Areas; and 18.810 Street and Utility Improvements Standards. All other code chapters are inapplicable as approval standards. All applicable requirements of the code are met. FINDING: The conditional use criteria have been met. Conditions of Approval for a Conditional Use. The Hearings Authority may impose conditions on the approval of a conditional use, which are found necessary to ensure the use is compatible with other uses in the vicinity, and that the impact of the proposed use on the surrounding uses and public facilities is minimized. These conditions may include, but are not limited to the following: St. Anthony Catholic Cemetery PAGE 6 OF 18 CUP2007- 00005 /VAR2008 -00001 2/25/08 STAFF REPORT TO THE HEARINGS OFFICER Limiting the hours, days, lac and/or manner of operation; � Y P Operating hours will be 8 am to dusk. Staff does not recommend a change to the hours of operation. Requiring design features which minimize environmental impacts such as noise, vibration, air pollution, glare, odor and /or dust; No recommendations. Requiring additional setback areas, lot area, and /or lot depth or width; No recommendations. Limiting the building height, size or lot coverage, and /or location on the site; No recommendations. Designating the size, number, location and /or design of vehicle access points; There are two existing driveways on SW Gaarde Street that do not meet the 600 -foot spacing standard for driveways on an arterial. The applicant has applied for an adjustment to the existing driveway directly across from SW 117 Avenue. As addressed m Variances and Adjustments, staff recommends that the Hearings Officer require the applicant to close the existing driveway between SW 117` Avenue and SW 115` Avenue. Requiring street right -of -way to be dedicated and street(s) to be improved; As addressed in Streets and Utility Improvements, staff recommends that the Hearings Officer require the applicant to dedicate 2988 feet of property along the proposed site's frontage for public right -of -way (R OW), so that the current standard for SW Gaarde Street (38 feet from centerline) is met. Requiring landscaping, screening, drainage and /or surfacing of parking and loading areas; No recommendations. Limiting the number, size, location, height and /or lighting of signs; No signs are proposed; therefore, staff has no recommendations. Limiting or setting standards for the location and /or intensity of outdoor lighting; The applicant does not propose outdoor lighting; therefore, staff has no recommendations. Requiring berms, screening or landscaping and the establishment of standards for their installation and maintenance; No recommendations. Requiring and designating the size, height, location and /or materials for fences; Specifications for the fence are already addressed by the Conditional Use development standards for cemeteries. Staff has no recommendations for additional conditions of approval regarding the fence. Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas and /or drainage areas; As addressed in Tree Removal, staff recommends a deed restriction to protect all existing trees on site. Requiring the dedication of sufficient open land area for a greenway adjoining and within the floodplain when land form alterations and development are allowed within the 100 -year floodplain; and St. Anthony Catholic Cemetery PAGE 7 OF 18 CUP2007- 00005 /VAR2008 -00001 2/25/08 STAFF REPORT TO THE HEARINGS OFFICER The proposed site is about a mile away from the nearest floodplain. The highest elevation of the nearest floodpla n is 160 feet. The lowest elevation of the proposed site is 290 feet. Therefore, a condition to this effect would not be applicable. Requiring the construction of a pedestrian /bicycle pathway within the floodplain in accordance with the adopted pedestrian /bicycle pathway plan. The proposed site is not within a floodplain. Therefore, a condition to this effect would not be applicable. Site Development Review (Chapter 18.360) Applicability and exemptions. Site development review shall be applicable to all new developments and major modification of existing developments, except it shall not apply to 18.360.020.A.1 through 10. The proposed change of use is considered new development that is a conditional use and site development review criteria, where applicable, shall apply. Relationship to the natural and physical environment: Buildings shall be: (1) Located to preserve existing trees, topography and natural drainage where possible based upon existing site conditions; (2) Located in areas not subject to ground slumping or sliding; (3) Located to provide adequate distance between adjoining buildings for adequate light, air circulation, and fire - fighting; and (4) Oriented with consideration for sun and wind. No buildings are being proposed. Therefore, this criterion does not apply. Trees shall be preserved to the extent possible. Replacement of trees is subject to the requirements of Chapter 18.790, Tree Removal. The applicant proposes to retain all trees. Therefore, this criterion is met. Buffering, screening and compatibility between adjoining uses: The buffer table, 18.745.1, does not indicate that buffering is necessary. Chapter 18.330 (Conditional Uses) already requires fencing and setbacks specific to cemetery use. Demarcation of public, semi -public and private spaces for crime prevention: The structures and site improvements shall be designed so that public areas such as streets or public gathering places, semi -public areas and private outdoor areas are clearly defined to establish persons having a right to be in the space, to provide for crime prevention and to establish maintenance responsibility; and The existing site has been designed to provide for crime prevention, as described in the response to 18.360.090.A.9.b below. These areas may be defined by, but not limited to: (1) A deck, patio, low wall, hedge, or draping vine; (2) A trellis or arbor; (3) A change in elevation or grade; (4) A change in the texture of the path material; (5) Sign; or (6) Landscaping. The cemetery will be distinguished from the public sidewalk by its grass surface and required fence. Therefore, this criterion is met. Crime prevention and safety: Windows shall be located so that areas vulnerable to crime can be surveyed by the occupants; b. Interior laundry and service areas shall be located in a way that they can be observed b others; c. Mail boxes shall be located in lighted areas having vehicular or pedestrian traffic; d. The exterior lighting levels shall be selected and the angles shall be oriented towards areas vulnerable to crime; and e. Light fixtures shall be provided in areas having heavy pedestrian or vehicular traffic and in potentially dangerous areas such as parking lots, stairs, ramps and abrupt grade changes. Fixtures shall be placed at a height so that light patterns overlap at a height of seven feet which is sufficient to illuminate a person. St. Anthony Catholic Cemetery PAGE 8 OF 18 CUP2007- 00005 /VAR2008 -00001 2/25/08 STAFF REPORT TO THE HEARINGS OFFICER • No lighting within the cemetery is being proposed and the City Police Department has no concerns regarding lighting. Therefore, this criterion does not apply. Public Transit. Provisions within the plan shall be included for providing for transit if the development proposal is adjacent to or within 500 feet of existing or proposed transit route. The proposed site is about 2,000 feet away from an existing bus line. Therefore, this criterion does not apply. Landscaping: A minimum of 15 percent of the gross site area shall be landscaped. The entire site (100 %) is landscaped. Therefore, this criterion is met. Drainage: All drainage plans shall be designed in accordance with the criteria in the adopted 1981 master drainage plan; The applicant is not proposing construction of any new impervious surface area. The cemetery site is mainly grass. Therefore, no storm water detention is required. Provision for the disabled: All facilities for the disabled shall be designed in accordance with the requirements set forth in ORS Chapter 447; and Provisions for the disabled are required for required walkways within commercial, institutional, industrial and multi - family residential sites (Chapter 18.705) as well as for parking lots (Chapter 18.765). The proposed use, cemetery, is in the "Other Uses" classification. In addition, Chapter 18.330 (Conditional Uses) specifies that off - street parking and loading requirements do not apply for cemeteries. Therefore, the proposed cemetery would not be required to provide for the disabled. All of the provisions and regulations of the underlying zone shall apply unless modified by other sections or this title, e.g., Planned Developments, Chapter 18.350; or a variance or adjustment granted under Chapter 18.370. (Ord. 02 -33) Staff has reviewed this proposal using all applicable provisions of the underlying zone and other sections of this title. FINDING: The site development review criteria have been met. Variances and Adjustments (Chapter 18.370) The applicant requests an adjustment to the access spacing standard for streets and driveways on an arterial. Section 18.705.030.H.3 states that the minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. The proposed access is on SW Gaarde Street, an arterial, and aligned with SW 117` Avenue across the street. The existing cemetery already has two accesses- one on SW 115` Avenue (the primary access) and one on SW Gaarde Street between SW 115 Avenue and SW 117 Avenue. The proposed access across from SW 117 Avenue is 417 feet west of SW 115th Avenue and 563 east of SW 118th Court. From the proposed driveway, there are at least 8 driveways within 600 feet to the west, and 3 driveways (including the other existing driveway serving this property) and SW 115th Avenue within 600 feet to the east. The proposed access does not meet the 600 -foot spacing standard; therefore, the applicant requests an adjustment to the access /egress standards. St. Anthony Catholic Cemetery PAGE 9 OF 18 CUP2007- 00005 /VAR2008 -00001 2/25/08 STAFF REPORT TO THE HEARLNNGS OFFICER Section 18.370 provides the criteria for an adjustment to access and egress standards in Chapter • 18.705: In all zoning districts where access and egress drives cannot be readily designed to conform to Code standards within a particular parcel, access with an adjoining property shall be considered. If access in conjunction with another parcel cannot reasonably be achieved, the Director may grant an adjustment to the access requirements of Chapter 18.705 through a Type II procedure, as governed in Section 18.390.030, using approval criteria contained in Subsection 2b below. The Director may approve, approve with conditions, or deny a request for an adjustment from the access requirements contained in Chapter 18.705, based on the following criteria: It is not possible to share access; It is possible to share access. The proposed lot would have access to SW 115th Avenue, where the main cemetery access is located. There are no other alternative access points on the street in question or from another street; There is an alternative access point from SW 115th Avenue, which is the existing cemetery's main access. The driveway from this access connects to the proposed lot, which will function as part of the existing cemetery. The access separation requirements cannot be met; The proposed (existing) driveway cannot meet access separation requirements. The proposed driveway is 417 feet west of SW 115th Avenue and 563 east of SW 118th Court. From the proposed driveway, there are at least 8 driveways within 600 feet to the west, and 3 driveways (including the other existing driveway serving this property) and SW 115th Avenue within 600 feet to the east. There is no location along this property where the spacing standard can be met. The request is the minimum adjustment required to provide adequate access; The applicant is proposing to use the existing driveway on SW Gaarde Street and proposing to close off another existing driveway on the same street. The proposed access would serve as a secondary access /egress to allow the type of traffic activity typical of a cemetery. As discussed in Access, Egress and Circulation, the primary access would be on SW 115th Avenue, a local street. A secondary access onto an Arterial should best meet the spacing standards, and that access is the one aligned with SW 117th Avenue. A third access which does not meet the spacing standard or the adjustment criteria would not be justified. According to the Engineering Department, the site can be approved for the use of two driveways, but not three. The applicant is proposing to keep two accesses for the entire cemetery site and eliminating the third access. As a condition of approval, the applicant will be required to remove the third access on SW Gaarde Street between SW 115t Avenue and SW 117t Avenue. Therefore, the request is the minimum adjustment required to provide adequate access. The approved access or access approved with conditions will result in a safe access; and The preliminary sight distance certification states that the required site distance can be met with some modification of the existing fences. The applicant is required to meet visual clearance standards as a condition of approval. Concerning turning safety, the Engineering Department finds that the best location for the proposed driveway is aligned with the intersection of SW Gaarde Street and SW 117th Avenue, as the driveway is today. The driveway located across from SW 117th Avenue is a better location than the other driveway on SW Gaarde Street because it reduces the number of conflicting left turn movements. Therefore, the access approved with conditions will result in a safe access. The visual clearance requirements of Chapter 18.795 will be met. The applicant has been required to meet the visual clearance requirements as a condition of approval. St. Anthony Catholic Cemetery PAGE 10 OF 18 CUP2007- 00005 /VAR2008 -00001 2/25/08 STAFF REPORT TO THE HEARINGS OFFICER FINDING: Staff recommends a pproval of an adjustment to the access/egress standards for the proposed driveway. Access, Egress and Circulation (Chapter 18.705) When provisions apply. The provisions of this chapter shall apply to all development including the construction of new structures, the remodeling of existing structures (see Section 18.360.050), and to a change of use which increases the on -site parking or loading requirements or which changes the access requirements. Public Street Access (18.705.030.D): All vehicular access and egress as required in Sections 18.705.030H and 18.705.030(I) shall connect directly with a public or private street approved by the City for public use and shall be maintained at the required standards on a continuous basis. The proposed site will have direct access to SW Gaarde and direct access to SW 115t through the existing cemetery. Therefore, this criterion is met. Access Management (18.705.030.H): Section 18.705.030.H.1 states that an access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT, Washington County, the City and AASHTO. A preliminary sight distance certification was submitted by Brad Albert, Civil Engineer, on November 9, 2007. The certification is for the access aligned with SW 117th Avenue on Gaarde Street. The engineer states the speed limit on Gaarde Street is 35 mph, requiring a minimum 350 feet of sight distance in each direction. The engineer measured the sight distance from this access point and it can meet the 350 feet requirements both to the east and west with the following mitigation: 1) removal of a portion of the wrought iron fence to the east and 2) the removal of a portion of the wood split rail fence to the west. The applicant shall remove or relocate the sections of fence that reduce sight distance below the required minimum distance of 350 feet. The applicant's engineer shall then provide a final sight distance certification to the engineering department prior to final acceptance of the project. Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be 150 feet, measured from the right -of -way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. The driveway on SW 115th Avenue is approximately 190 feet north of SW Gaarde Street, thereby meeting this criterion. The driveway on SW Gaarde that is aligned with SW 117th Avenue also meets this criterion. The access on SW Gaarde located between SW 115th Avenue and SW 117th Avenue is to be removed, therefore this criterion will not apply. Section 18.705.030.H. 4 states that the minimum spacing of driveways and streets along an arterial shall be 600 feet. SW Gaarde Street is classified as an Arterial on the City of Tigard's TSP, requiring a minimum spacing of 600 feet. Access spacing provides for increased capacity and safety on Arterials and Collectors. From the driveway on Gaarde Street that aligns with 117th Avenue there are at least 8 driveways within 600 feet to the west and 3 driveways (including the other driveway serving this property) and SW 115th Avenue within 600 feet to the east. While there is no location along this property where the spacing standard can be met, the best location is aligned with the intersection of SW Gaarde Street and SW 117th Avenue, as the driveway is today. The driveway located across from SW 117th Avenue is a better location than the other driveway on Gaarde Street because it reduces the number of conflicting left turning movements; therefore St. Anthony Catholic Cemetery PAGE 11 OF 18 CUP2007- 00005/VAR2008 -00001 2/25/08 STAFF REPORT TO THE HEARINGS OFFICER the adjustment for this driveway should be granted. The other driveway, between SW 115th and SW 117th Avenues, on SW Gaarde Street, however, should not be granted an adjustment as it does not meet the adjustment criteria of 18.370. The primary access, according to 18.810.030.Q, where a development abuts an existing arterial and has access to two streets with different classifications, shall be from the lower classification street. In this case, the lower classification street is SW 115th Avenue, which is classified as a local street. Therefore, the primary access shall be on SW 115th Avenue. A secondary access onto an Arterial should best meet the spacing standards, and that access is the one aligned with SW 117th Avenue. To provide yet a third access which does not meet the spacing standard or the adjustment criteria is not justified. In summary, the site can be approved for the use of two driveways, but not three. As a condition of approval, the applicant has been required to remove the existing driveway on SW Gaarde Street located between SW 115th and 117th Avenues, replacing it with curb and sidewalk matching existing curb and sidewalk. FINDING: Access, egress and circulation standards have not been met. CONDITIONS: The applicant's engineer shall then provide a final sight distance certification to the engineering department prior to final acceptance of the project. The applicant shall remove the existing driveway on SW Gaarde Street located between SW 115th and 117th Avenues, replacing it with curb and sidewalk matching existing curb and sidewalk. Environmental Performance Standards (18.725) These standards require that federal and state environmental laws, rules and regulations be applied to development within the City of Tigard. Section 18.725.030 (Performance Standards) regulates: Noise, visible emissions, vibration and odors. Noise. For the purposes of noise regulation, the provisions of Sections 7.41.130 through 7.40.210 of the Tigard Municipal Code shall apply. Visible Emissions. Within the commercial zoning districts and the industrial park (IP) zoning district, there shall be no use, operation or activity which results in a stack or other point- source emission, other than an emission from space heating, or the emission of pure uncombined water (steam) which is visible from a property line. Department of Environmental Quality (DEQ) rules for visible emissions (340 -21 -015 and 340 -28 -070) apply. Vibration. No vibration other than that caused by highway vehicles, trains and aircraft is permitted in any given zoning district which is discernible without instruments at the property line of the use concerned. Odors. The emissions of odorous gases or other matter in such quantities as to be rea detectable at any point beyond the property line of the use creating the odors is prohibited. DEQ rules for odors (340 -028 -090) apply. Glare and heat. No direct or sky reflected glare, whether from floodlights or from high temperature processes such as combustion or welding, which is visible at the lot line shall be permitted, and; 1) there shall be no emission or transmission of heat or heated air which is discernible at the lot line of the source; and 2) these regulations shall not apply to signs or floodlights in parking areas or construction equipment at the time of construction or excavation work otherwise permitted by this title. Insects and rodents. All materials including wastes shall be stored and all grounds shall be maintained in a manner which will not attract or aid the propagation of insects or rodents or create a health hazard. The proposed use, cemetery, does not typically generate noise, visible emissions, vibrations, odors, glare, heat, insects and rodents. It is the responsibility of the property owner to comply with the standards and any violations will be enforced through the City's Code Enforcement Program. St. Anthony Catholic Cemetery PAGE 12 OF 18 CUP2007- 00005 /VAR2008 -00001 2/25/08 STAFF REPORT TO THE HEARINGS OFFICER • • FINDING: For the purposes of this land use review, this criterion is met. Landscaping and Screening (18.745) Street Trees (18.745.040): All development projects fronting on a public street, private street or a private driveway more than 100 feet in length approved after the adoption of this title shall be required to plant street trees in accordance with the standards in Section 18.745.040.E The applicant has proposed four street trees along the site's frontage on SW Gaarde Street. Therefore, this criterion is met. Street tree planting list (18.745.040.B): Certain trees can severely damage utilities, streets and sidewalks or can cause personal injury. Approval of any planting list shall be subject to review by the Director. The street tree plan in exhibit 7 of the application indicates the applicant will plant C'allery Pear trees, a medium- stature tree on the City of Tigard Street Tree list. While C'allery Pear is an approved tree the City Arborist recommends that the applicant plant large stature trees as street trees because there is sufficient room for these type of trees to grow. Three possible choices are Oregon White Oak (Quercus garryana), Zelkova serrata, and Northern Red Oak ( Quercus rubra). Size and spacing of street trees (18.745.040.0): Street trees shall be spaced between 20 and 40 feet apart depending on the size classification of the tree at maturity (small, medium or large). The proposed trees will be spaced 20 feet apart, meeting the spacing standard for medium-stature trees of no greater than 30 feet apart. Spacing may be adjusted if the applicant chooses to plant a large - stature tree. FINDING: Landscaping and Screening criteria are met. RECOMMENDATION: The applicant shall consider planting large stature street trees, such as Oregon White Oak Quercus, garryana), Zelkova serrata, and Northern Red Oak (Quercus rubra). Spacing may need to be adjusted if the applicant chooses to plant a large- stature tree. The applicant shall submit a revised street tree plan indicating the change in tree type and any changes in spacing. Tree Removal (18.790) Tree_plan required. A tree plan for the planting, removal and protection of trees prepared by a certified aborist shall be rovided for any lot, parcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review, planned development or conditional use is filed. Protection is preferred over removal wherever possible. The applicant has provided a tree inventory by Kay Kinyon, a Certified Arborist. Plan Requirements. The tree plan shall include the following: Identification of the location, size and species of all existing trees including trees designated as significant by the city; The inventory identifies the location, size and species of all existing trees. Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.790.060D, in accordance with the following standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: Retention of less than 25% of existing trees over 12 inches in caliper requires a mitigation program in accordance with Section 18.790.060D of no net loss of trees; St. Anthony Catholic Cemetery PAGE 13 OF 18 CUP2007- 00005 /VAR2008 -00001 2/25/08 STAFF REPORT TO THE HEARINGS OFFICER • • • Retention of from 25% to 50% of existing trees over 12 inches in caliper requires that two - thirds of the trees to be removed be mitigated in accordance with Section 18.790.060D; • Retention of from 50% to 75% of existing trees over 12 inches in caliper requires that 50 percent of the trees to be removed be mitigated in accordance with Section 1890.060D; • Retention of 75% or greater of existing trees over 12 inches in caliper requires no mitigation. The applicant proposes to retain 100% of the existing trees. Therefore, no mitigation is required. Identification of all trees which are proposed to be removed; The applicant does not propose to remove any trees. A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. The applicant has not provided a protection program for the existing trees, all of which will be retained. While no construction is proposed, the City Arborist recommends that the applicant's arborist prepare a protection program that addresses tree protection both during, ence installation and after the site becomes a cemetery (i.e. where burials can occur and what type of landcaping is appropriate near existing trees). Subsequent tree removal. Trees removed within the period of one year prior to a development application listed above will be inventoried as part of the tree plan above and will be replaced according to Section 18.790.060D. There is no evidence that trees were removed within a year of this application. Subsequent removal of a tree. Any tree preserved or retained in accordance with this section may thereafter be removed only for the reasons set out in a tree plan in accordance with Section 18.790.030, or as a condition of approval for a conditional use, and shall not be subject to removal under any other section of this chapter. The propperty owner shall record a deed restriction as a condition of approval of any development permit affected by this section to the effect that such tree may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this section should either die or be removed as a hazardous tree. The form of this deed restriction shall be subject to approval by the Director. A deed restriction will ensure that this standard is met. FINDING: The tree removal criteria have not fully been met. CONDITIONS: . The applicant /owner shall record a deed restriction to the effect that any existing tree greater than 6" diameter may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid for any tree preserved in accordance with this decision that either dies or is removed as a hazardous tree. . The applicant's arborist shall prepare a_ protection program that addresses tree protection both during fence instalkauon and alter the site becomes a cemetery (i.e., where buria can occur and what type of landscaping is appropriate near existing trees). Visual Clearance Areas (18.795) When provisions apply. The provisions of this chapter shall apply to all development including the construction of new structures, the remodeling of existing structures and to a change of use which increases the on -site parking or loading requirements or which changes the access requirements. St. Anthony Catholic Cemetery PAGE 14 OF 18 CUP2007- 00005 /VAR2008 -00001 2/25/08 STAFF REPORT TO THE HEARINGS OFFICER IP • The proposed change of use from residential to cemetery will require an existing access to be removed in order to meet the access spacing standards. Visual Clearance Area standards apply to the driveway on the proposed site. Arterial streets. On all designated arterial streets the visual clearance area shall not be less than 35 feet on each side of the intersection. The applicant has provided a drawing of a visual clearance triangle in Exhibit 8 of the application. However, this drawing is on blank paper not to scale. In addition, the triangle shown is 30 feet on each side of the intersection and should be 35 feet FINDING: Visual clearance area standards have not been met. CONDITION: The applicant shall revise the site plan to show a visual clearance triangle for the proposed access, meeting the visual clearance standards for driveways on an arterial. Street And Utility Improvements Standards (Chapter 18.810) Chapter 18.810 provides construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: Streets: Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. Minimum Rights -of -Way and Street Widths: Section 18.810.030.E requires an Arterial street to have a 76 foot right -of -way width and 48 -foot paved section. Other improvements required may include on -street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. This site lies adjacent to SW Gaarde Street, which is classified as an Arterial on the City of Tigard Transportation Plan Map. At present, there is approximately 20 feet of ROW from centerline, according to the most recent tax assessor's map. The applicant should dedicate the additional ROW to provide 38 feet from centerline. SW Gaarde Street is currently partially improved. These recent improvements do not meet the current design standards for a three -lane arterial. In order to mitigate the impact from this development, the applicant should enter into a future street improvement agreement. This future street improvements agreement does not include street trees and the trees should be installed with this land use approval, prior to issuance of the Public Facility Improvement (PH) permit. Access to Arterials and Major Collectors: Section 18.810.030.Q states that where a development abuts or is traversed by an existing or proposed arterial or major collector street, the development design shall provide adequate protection for residential properties and shall separate residential access and through traffic, or if separation is not feasible, the design shall minimize the traffic conflicts. The design shall include any of the following: • A parallel access street along the arterial or major collector, • Lots of suitable depth abutting the arterial or major collector to provide adequate buffering with frontage along another street; • Screen planting at the rear or side property line to be contained in a non - access reservation along the arterial or major collector, or • Other treatment suitable to meet the objectives of this subsection; • If a lot has access to two streets with different classifications, primary access should be from the lower classification street. St. Anthony Catholic Cemetery PAGE 15 OF 18 CUP2007- 00005 /VAR2008 -00001 2/25/08 STAFF REPORT TO THE HEARINGS OFFICER • • This development has access to 115th Avenue, a local street, and a proposed access to Gaarde Street, an Arterial street. The primary access should be from 115th Avenue since it is the lower classification street. Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets. Private streets and industrial streets shall have sidewalks on at least one side. There are existing sidewalks along the frontage of SW Gaarde Street. The sidewalks do not meet the current standard, which requires that they be 8 foot wide and have a 5 foot planter strip between sidewalk and curb. The applicant shall enter into a future street improvement agreement that will include sidewalk and planter strip. The applicant shall remove the existing driveway on SW Gaarde Street between SW 115th and 117th Avenues and replace it with curb and sidewalk This shall be done prior to final acceptance of this project. Storm Drainage: General Provisions: Section 18.810.100.A requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). There are no upstream drainage ways that impact this development. Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a stormwater detention/effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25 -year event. The City will require that all new developments resulting in an increase of impervious surfaces provide onsite detention facilities, unless the development is located adjacent to Fanno Creek For those developments adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention. The applicant is not proposing construction of any new impervious surface area; therefore no stormwater detention is required. Bikeways and Pedestrian Pathways: Bikeway Extension: Section 18.810.110.A states that developments adjjoining proposed bikeways identified on the City's adopted pedestrian /bikeway plan shall include provisions for the future extension of such bikeways through the dedication of easements or right -of -way. There are existing bike lanes on SW Gaarde Street, therefore this criterion is met. St. Anthony Catholic Cemetery PAGE 16 OF 18 CUP2007- 00005/VAR2008 -00001 2/25/08 STAFF REPORT TO THE HEARINGS OFFICER • • Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 00 -7) which require the construction of on -site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. The applicant is not proposing to construct any new impervious surface area; therefore no water quality treatment is required. C. IMPACT STUDY The impact study shall quantify the effect of the development on public facilities and services. The study shall address, at a minimum, the transportation system, including bikeways, the drainage system, the parks system, the water system, the sewer system, and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Develo ment Code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication requirements, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. The applicant has submitted an impact study, which shows that there will be adequate facilities to serve the proposed cemetery, as indicated below: Sewer & Storm: No structures are proposed. The applicant will not be connecting to the sewer or storm system. Because the site is mainly impervious and the applicant will not be adding any impervious surface, no storm water provisions are necessary. Water: The applicant will not need a new water connection and has not proposed to connect the subject p to the water system. Parks: Impacts to the park system are not anticipated. The applicant would not be required to pay a parks systems development charge. Transportation: The proposed site is located on SW Gaarde Street, an arterial. The applicant has proposed to provide the required 38 feet of right-of-way from centerline. In addition, the applicant will pay a Washington County Traffic Impact Fee ('1F). SECTION VII. OTHER STAFF COMMENTS The City of Tigard Police Department has reviewed the proposal and has no objections to it. The City of Tigard Engineering Department has reviewed the proposal. Findings are included in the Access, Egress and Circulation section and Street and Utility Improvements section of this decision. Requirements are included in the conditions of approval. Full Comments are in the land use file. St. Anthony Catholic Cemetery PAGE 17 OF 18 CUP2007- 00005 /VAR2008 -00001 2/25/08 STAFF REPORT TO THE HEARINGS OFFICER S • SECTION VIII. AGENCY COMMENTS Tualatin Valley Fire and Rescue (TVF&R) has reviewed the proposal and has no comments or concerns. Clean Water Services (CWS) has reviewed the proposal and confirms that connections to sanitary and storm lines are not req��red for the project as proposed. CWS notes that any future development or will have to comply with � 5 standards._ of more than 1 -acre of the cemetery site or public improvements in the right -of -way will require a NPDES 1200 -C permit and compliance with CWS standards. Per CWS, no sensitive lands are on or within 200 feet of the site. Full comments are in the land use file. Feb ary 15, 2008 PREP D BY: y DATE slstant I lanner � near 1//1/ ; I Feb DA 2008 RE WED BY: Richar• FL Bewersdorf Planning Manager St. Anthony Catholic Cemetery PAGE 18 OF 18 CUP2007- 00005 /VAR2008 -00001 2/25/08 STAFF REPORT TO THE HEARINGS OFFICER ---- / 7 ---- i r_—_-_-_ _______ --------: -- I\ LN /------- , 1 CITY of TIGARD 1-Th n INFORMATION SYSTEM ----/----- i --.___ VICINITY MAP ' N , # _ , , i k _0 • , CLJP2007-00005 I / F-- Fi C iiii 4 , Saar _. L. C.) ST. ANTHONY'S ,:v 4i■ lap - CATHOLIC i----- ,4 , I L- , CHURCH 6 mb $111111■ De WHI STLER'S LP _ w EXPANSION C EM EI' E RY > FA IRVI E W \ r i EvvIILIN 1 I ( 1 I it 1 I--- : • i 2 : elf .. , . LEGEND: ifr MI , i v v SUBJECT sin (i) ■4 • : I - , - I 1170 > i H • .1. ,,LlniFy,f4 t. .„ , 11111 . VIEWMOUNT LN__. , P 4 ' ‘ . 9 . . • .„, _ .•• cl,IT ,, • 0 ,7 :,. Tt :1 TA RO , L' W GAARDE ST GAARDE ar,Lr SENO.W •., I • 1 / • . 5 . •T OUI71 MI hn I --__ _____. . t Tigard Area MaP . • ] - sw - cots - m— N > - .._ / ., , 0 70 140 210 280 350 Feet G (f) "41.EAALS— 11 !------: '-- ._ ,:, 286 loot I / \T - . /( ) \ II Information on this map Is for goneral location only and / should Do veriliod with tho Dovolopmont Sorvices Division. 13125 SW Hall Blvd i 1 /\ \ \ 1 \ I \ u_i _______ Tigard, OR 97223 (503) 639.4171 ___ http://www.ci,tigard.or.us Gi Community Development Plot date: Dec 26, 2007; C:\magic\MAGICO3.APR \ 411° ' ..... _QC •' • ffl 166' O . /i. I. I 1 i I 0 1 1 I CI) 4') i C ' - • J 1"." I 03 0 ... ....• I - • ) I. e' ,... _ .1 . . o 1 3400 0 , c\, i 65,828 S.F. ...........,....„,././ ! . .• • . . . ,.. -. - - •••• - - •-"- . - - .._.. . . _....... r 0 I. r • _ _ . . ....,. . I ....... TREE INVENTORY LEGEND . , . . . . • . , ....-A . - - • I COSTING ON-SITE TREE I • . • • ----------------"...-7 I I 0 COSTING OFT-SIE TREE ... I 0 STREET 1R� (PEAR. CAU-ERY) I . . : 0 ; • 3 . "—PROPOSED 4-FT FENCE .. .• ------------------ : i (T) 0 :• ,•• >... . g I irc 0 : ,• • . en Jr4•14, f 1/2... ..) 144)C ■ *--.''''''....'.**----*....• • "'I 0 ; ! . ,1 I .--",.. I .-- I : : . i 1 -- - - *--!---t--=---•—.-_ "_-- - 0 .____.----- ----_---- C 0 0 -- L:-D,, r • -0 --, . ----- c ------- ------- 5--------------- _.{ © . GAA RD E STREET —I— _________ .., i —N 1 1400 1300 : , , 390 • 7600 CO I PRELIMINARY PLAN . i LLI . 1 ME planningResourcesinc. SCALE 1" = 60' CONDITIONAL USE PERMIT • MU Partnerships a Performance DATE: 11-27-07 GAARDE ST. 2S103CD03400 IMO 7180 SW Fir Low. Sate 201 5036541020 Porthand. OR 97223 503 664-1028 For ST ANTHONY CHURCH PROJECT: 07-TAB-508 • • MEMORANDUM CITY OF TIGARD, OREGON DATE: 2/11/08 TO: Emily Eng, Assistant Planner FROM: Kim McMillan, Development Review Engineer gnik RE: CUP2007 -00005 Access Management (Section 18.705.030.H) Section 18.705.030.H.1 states that an access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT, Washington County, the City and AASHTO. A preliminary sight distance certification was submitted by Brad Albert, Civil Engineer, on November 9, 2007. The certification is for the access aligned with SW 117 Avenue on Gaarde Street. The engineer states the speed limit on Gaarde Street is 35 mph, requiring a minimum 350 feet of sight distance in each direction. The engineer measured the sight distance from this access point and it can meet the 350 feet requirements both to the east and west with the following mitigation: 1) removal of a portion of the wrought iron fence to the east and 2) the removal of a portion of the wood split rail fence to the west. The applicant shall remove or relocate the sections of fence that reduce sight distance below the required minimum distance of 350 feet. The applicant's engineer shall then provide a final sight distance certification to the engineering department prior to final acceptance of the project. Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be150 feet, measured from the right -of -way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. ENGINEERING COMMENTS CUP2007 -00005 St. Anthony Catholic Church PAGE 1 • • The driveway on SW 115 Avenue is approximately 190 feet north of SW Gaarde Street, thereby meeting this criterion. The driveway on SW Gaarde that is aligned with SW 117 Avenue also meets this criterion. The access on SW Gaarde located between SW 115 Avenue and SW 117 Avenue is to be removed, therefore this criterion will not apply. Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. The minimum spacing of local streets along a local street shall be 125 feet. SW Gaarde Street is classified as an Arterial on the City of Tigard's TSP, requiring a minimum spacing of 600 feet. Access spacing provides for increased capacity and safety on Arterials and Collectors. From the driveway on Gaarde Street that aligns with 117 Avenue there are at least 8 driveways within 600 feet to the west and 3 driveways (including the other driveway serving this property) and SW 115 Avenue within 600 feet to the east. While there is no location along this property where the spacing standard can be met, the best location is aligned with the intersection of SW Gaarde Street and SW 117th Avenue, as the driveway is today. The driveway located across from SW 117 Avenue is a better location than the other driveway on Gaarde Street because it reduces the number of conflicting left turning movements; therefore the adjustment for this driveway should be granted. The other driveway, between SW 115 and SW 117 Avenues, on SW Gaarde Street, however, should not be granted an adjustment as it does not meet the adjustment criteria of 18.370. The primary access, according to 1.8.810.030.Q, where a development abuts an existing arterial and has access to two streets with different classifications, shall be from the lower classification street. In this case, the lower classification street is SW 115 Avenue, which is classified as a local street. Therefore, the primary access shall be on SW 115 Avenue. A secondary access onto an Arterial should best meet the spacing standards, and that access is the one aligned with SW 117 Avenue. To provide yet a third access which does not meet the spacing standard or the adjustment criteria is not justified. In summary, the site can be approved for the use of two driveways, but not three. The applicant shall remove the existing driveway on SW Gaarde Street located between SW 115 and 117 Avenues, replacing it with curb and sidewalk matching existing curb and sidewalk. Street And Utility Improvements Standards (Section 18.810): Chapter 18.810 provides construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: ENGINEERING COMMENTS CUP2007 -00005 St. Anthony Catholic Church PAGE 2 • • Streets: Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. Minimum Rights -of -Way and Street Widths: Section 18.810.030.E requires an Arterial street to have a 76 foot right -of -way width and 48 -foot paved section. Other improvements required may include on- street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. This site lies adjacent to SW Gaarde Street, which is classified as an Arterial on the City of Tigard Transportation Plan Map. At present, there is approximately 20 feet of ROW from centerline, according to the most recent tax assessor's map. The applicant should dedicate the additional ROW to provide 38 feet from centerline. SW Gaarde Street is currently partially improved. These recent improvements do not meet the current design standards for a three -lane arterial. In order to mitigate the impact from this development, the applicant should enter into a future street improvement agreement. This future street improvements agreement does not include street trees and the trees should be installed with this land use approval, prior to final acceptance of this project. Access to Arterials and Major Collectors: Section 18.810.030.Q states that where a development abuts or is traversed by an existing or proposed arterial or major collector street, the development design shall provide adequate protection for residential properties and shall separate residential access and through traffic, or if separation is not feasible, the design shall minimize the traffic conflicts. The design shall include any of the following: • A parallel access street along the arterial or major collector; • Lots of suitable depth abutting the arterial or major collector to provide adequate buffering with frontage along another street; • Screen planting at the rear or side property line to be contained in a non - access reservation along the arterial or major collector; or • Other treatment suitable to meet the objectives of this subsection; • If a lot has access to two streets with different classifications, primary access should be from the lower classification street. ENGINEERING COMMENTS CUP2007 -00005 St. Anthony Catholic Church PAGE 3 • • This development has access to 115 Avenue, a local street, and a proposed access to Gaarde Street, an Arterial street. The primary access should be from 115 Avenue since it is the lower classification street. Block Designs - Section 18.810.040.A states that the length, width and shape of blocks shall be designed with due regard to providing adequate building sites for the use contemplated, consideration of needs for convenient access, circulation, control and safety of street traffic and recognition of limitations and opportunities of topography. Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks formed by streets shall not exceed 1,800 feet measured along the right -of- way line except: • Where street location is precluded by natural topography, wetlands or other bodies of water or, pre - existing development or; • For blocks adjacent to arterial streets, limited access highways, major collectors or railroads. • For non - residential blocks in which internal public circulation provides equivalent access. PLANNING Section 18.810.040.B.2 also states that bicycle and pedestrian connections on public easements or right -of -ways shall be provided when full street connection is not possible. Spacing between connections shall be no more than 330 feet, except where precluded by environmental or topographical constraints, existing development patterns, or strict adherence to other standards in the code. PLANNING Lots - Size and Shape: Section 18.810.060(A) prohibits lot depth from being more than 2.5 times the average lot width, unless the parcel is less than 1.5 times the minimum lot size of the applicable zoning district. PLANNING Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of frontage on public or private streets, other than an alley. In the case of a land partition, 18.420.050.A.4.c applies, which requires a parcel to either have a minimum 15 -foot frontage or a minimum 15 -foot wide recorded access easement. In cases where the lot is for an attached single - family dwelling unit, the frontage shall be at least 15 feet. PLANNING ENGINEERING COMMENTS CUP2007 -00005 St. Anthony Catholic Church PAGE 4 • • • Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets. Private streets and industrial streets shall have sidewalks on at least one side. There are existing sidewalks along the frontage of SW Gaarde Street. The sidewalks do not meet the current standard, which requires that they be 8 foot wide and have a 5 foot planter strip between sidewalk and curb. The applicant shall enter into a future street improvement agreement that will include sidewalk and planter strip. The applicant shall remove the existing driveway on SW Gaarde Street between SW 115 and 117 Avenues and replace it with curb and sidewalk. This shall be done prior to final acceptance of this project. Storm Drainage: General Provisions: Section 18.810.100.A requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). There are no upstream drainage ways that impact this development. Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a stormwater detention /effective impervious area reduction program resulting in no net ENGINEERING COMMENTS CUP2007 -00005 St. Anthony Catholic Church PAGE 5 • • increase in storm peak flows up to the 25 -year event. The City will require that all new developments resulting in an increase of impervious surfaces provide onsite detention facilities, unless the development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention. The applicant is not proposing construction of any new impervious surface area; therefore no stormwater detention is required. Bikeways and Pedestrian Pathways: Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed bikeways identified on the City's adopted pedestrian /bikeway plan shall include provisions for the future extension of such bikeways through the dedication of easements or right -of -way. There are existing bike lanes on SW Gaarde Street, therefore this criterion is met. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 00 -7) which require the construction of on -site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. The applicant is not proposing to construct any new impervious surface area; therefore no water quality treatment is required. Recommendations: THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO A FINAL PROJECT ACCEPTANCE: • •Submit to the Engineering Department (Kim McMillan, 639 -4171, ext. 2642) for review and approval: A Public Facility Improvement (PFI) permit is required for this project to cover removal of the driveway, construction of the curb and sidewalk and ENGINEERING COMMENTS CUP2007 -00005 St. Anthony Catholic Church PAGE 6 • • any other work in the public right -of -way. Three (3) sets of detailed public improvement plans shall be submitted for review to the Engineering Department. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement (PFI) permit plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall and the City's web page (www.tigard - or.gov). The PFI permit plan submittal shall include the exact legal name, address and telephone number of the individual or corporate entity who will be designated as the "Permittee ", and who will provide the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. Prior to a final inspection, the applicant shall complete any work in the public right -of -way and obtain approval from the Engineering Department. Additional right -of -way shall be dedicated to the Public along the frontage of SW Gaarde Street to increase the right -of -way to 38 feet from the centerline. The description shall be tied to the existing right -of -way centerline. The dedication document shall be on City forms. Instructions are available from the Engineering Department. The applicant shall execute a Restrictive Covenant whereby they agree to complete or participate in the future improvements of SW Gaarde Street adjacent to the subject property, when any of the following events occur: A. when the improvements are part of a larger project to be financed or paid for by the formation of a Local Improvement District, B. when the improvements are part of a larger project to be financed or paid for in whole or in part by the City or other public agency, C. when the improvements are part of a larger project to be constructed by a third party and involves the sharing of design and /or construction expenses by the third party owner(s) of property in addition to the subject property, or D. when construction of the improvements is deemed to be appropriate by the City Engineer in conjunction with construction of improvements by others adjacent to the subject site. Tax Lot 2S103CD03300 shall not be permitted to access directly onto SW Gaarde Street. ENGINEERING COMMENTS CUP2007 -00005 St. Anthony Catholic Church PAGE 7 • • The applicant shall remove the driveway on Tax Lot 2S03CD03300 (between SW 115 and 117 Avenues) and replace it with curb and sidewalk to match existing curb and sidewalk. The applicant shall remove a portion of the wrought iron fence to the east of the driveway on SW Gaarde /SW 117 Avenue. The applicant shall remove a portion of the wood split rail fence to the west of this same driveway. This shall be done in order to obtain adequate sight distance from this driveway, in accordance with the engineer's preliminary sight distance certification. The applicant's engineer shall provide a final sight distance certification after the appropriate fencing has been removed. The applicant shall install street trees that meet the size and spacing standards of the TDC. ENGINEERING COMMENTS CUP2007 -00005 St. Anthony Catholic Church PAGE 8 Clean Water Serves • '/ECEIUED PLANNING Our commitment is clear. JAN 2 3 2008 CITY OF TIGARD MEMORANDUM DATE: January 16, 2008 FROM: David Schweitzer, Clean Water Services TO: Emily Eng, Assistant Planner City of Tigard SUBJECT: Review Comments — CUP 2007 -00005 St. Anthony's Catholic Church Cemetery Expansion VAR 2008 -00001 GENERAL COMMENTS • This Land Use Review by Clean Water Services (District) does not constitute approval of storm or sanitary sewer compliance with the NPDES permit held by the District. The District, prior to issuance of any connection permit, must review and approve final construction plans. • All provisions of the development submittal shall be in accordance with Clean Water Services (CWS) Design and Construction Standards, presently Resolution and Order No. 07- 20 (R &O 07 -20), and all current Intergovernmental Agreements between the City and CWS. • Final construction plans must be reviewed by CWS for conformance with R &O 07 -20 and a Stormwater Connection Permit must be authorized by the District prior to construction. • A Stormwater Connection Permit Authorization shall be required prior to construction of sanitary sewer, storm and surface water systems, and final plat approval. • All public sanitary and storm easements shall be shown on final construction plans. SANITARY SEWER • The project as proposed does not require connection to a sanitary system. If one should be required, connection to the existing sanitary line 76550 in Gaarde St., if capacity exists may be permitted. 2550 SW Hillsboro Highway • Hillsboro, Oregon 97123 Phone: (503) 681 -3600 • Fax: (503) 681 -3603 • www.CleanWaterServices.org Clean Water Serves • Our commitment is clear. STORM DRAINAGE AND WATER QUALITY • The project as proposed constructs no new impervious surface. Access is via an existing driveway and no new buildings or walkways are being proposed. Future development shall follow Table 4 -1 for water quality requirements. SENSITIVE AREA • Sensitive Area Pre - Screening Site Assessment 07- 000604 was issued on March 05, 2007 and updated on June 20, 2007 for this project on Tax/Map lot 2S 1 03CD- 03400. Sensitive areas do not appear to exist on site or within 200 feet of the site, and the Assessment will serve as the Service Provider Letter for this project. EROSION CONTROL • If the improvements disturb 1 -acre or more; site improvements and any improvements within the public Right Of Way, a NPDES 1200 -C Permit is required. • Provide erosion control in accordance with the current CWS design and construction standards. • 2550 SW Hillsboro Highway • Hillsboro, Oregon 97123 Phone: (503) 681 -3600 • Fax: (503) 681 -3603 • www.CleanWaterServices.org • • MEMORANDUM TO: Emily Eng FROM: Todd Prager, City Arborist RE: St. Anthony Catholic Cemetery DATE: January 11, 2008 As you requested I have provided comments on the "St. Anthony Catholic Cemetery" project. If you have any questions or concerns regarding my comments please contact me anytime. 18.745.030 General Provisions C, Installation Requirements. The installation of all landscaping shall be as follows: 1. All landscaping shall be installed according to accepted planting procedures. The accepted planting procedures are the guidelines described in the Tigard Tree Manual. These guidelines follow those set forth by the International Society of Arboriculture (ISA) tree planting guidelines as well as the standards set forth in the American Institute of Architects' Architectural Graphic Standards, 10 edition. In the Architectural Graphic Standards there are guidelines for selecting and planting trees based on the soil volume and size at maturity. Additionally, there are directions for soil amendments and modifications. 2. The plant material shall be of high grade, and shall meet the size and grading standards of the American Standards for Nurberg Stock (ANSI Z -60, 1 -1986, and any other future revisions); and 3. Landscaping shall be installed in accordance with the provisions of this title. D. Certificate of Occupancy. Certificates of occupancy shall not be issued unless the landscaping requirements have been met or other arrangements have been made and approved by the City such as the posting of a bond. No mitigation is required because the applicant plans on retaining 8 of 8, 12 "+ trees that are on or near the site. • • E. Protection of Existing Landscaping. Existing vegetation on a site shall be protected as much as possible: 1. The developer shall provide methods for the protection of existing vegetation to remain during the construction process; and 2. The plants to be saved shall be noted on the landscape plans (e.g., areas not to be disturbed can be fenced, as in snow fencing which can be placed around the individual trees). The applicant's arborist report only inventories the existing trees. There are no protection specifications and no differentiation between on and offsite trees. Please consider having the applicant's arborist determine which trees are on site (and will thus become deed restricted). Also, please consider having the applicant's arborist prepare a protection program that addresses tree protection both during fence installation and after the site becomes a cemetery (i.e. where burials can occur and what type of landscaping is appropriate near existing trees) 18.745.040, Street Trees Please consider having the applicant plant large stature trees as street trees since there is sufficient room. Three possible choices are Oregon White Oak (Quercus garryana), Zelkova serrata, and Northern Red Oak (Quercus rubra). B. Street tree planting list. Certain trees can severely damage utilities, streets and sidewalks or can cause personal injury. Approval of any planting list shall be subject to review by the Director. Please consider having the applicant plant large stature trees as street trees since there is sufficient room. Three possible choices are Oregon White Oak (Quercus garryana), Zelkova serrata, and Norther Red Oak (Quercus rubra). 18.790.030, Tree Plan Requirement A. Tree plan required. A tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review, planned development or conditional use is filed. Protection is preferred over removal wherever possible. As required, the applicant has provided a tree plan conducted by Kay Kinyon, a certified arborist. However, the tree plan does not contain all of the required elements (see B1 and B4 below). B. Plan requirements. The tree plan shall include the following: i CONDITIONS OF APPROVAL Street Trees Please consider having the applicant plant large stature trees as street trees since there is sufficient room. Three possible choices are Oregon White Oak (Quercus garryana), Zelkova serrata, and Northern Red Oak (Quercus rubra). The accepted planting procedures are the guidelines described in the Tigard Tree Manual. These guidelines follow those set forth by the International Society of Arboriculture (ISA) tree planting guidelines as well as the standards set forth in the American Institute of Architects' Architectural Graphic Standards, 10 edition. In the Architectural Graphic Standards there are guidelines for selecting and planting trees based on the soil volume and size at maturity. Additionally, there are directions for soil amendments and modifications. Tree Mitigation No mitigation is required because the applicant plans on retaining 8 of 8, 12 "+ trees that are on or near the site. Tree Protection Please consider having the applicant's arborist prepare a protection program that addresses tree protection both during fence installation and after the site becomes a cemetery (i.e. where burials can occur and what type of landscaping is appropriate near existing trees). Deed Restriction Prior to issuance of any Certificates of Occupancy, the applicant/owner shall record deed restrictions to the effect that any existing tree greater than 6" diameter may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid for any tree preserved in accordance with this decision that either dies or is removed as a hazardous tree. iiinotra • Tualatin Valley Fire & Rescue January 29, 2008 Emily Eng, Assistant Planner City of Tigard Planning Division 13125 SW Hall Boulevard • Tigard, OR 97223 Re: St. Anthony's Catholic Church Cemetery Expansion (CUP) 2007 -00005 Dear Emily, Thank you for the opportunity to review the proposed site plan surrounding the above named development project. Tualatin Valley Fire & Rescue endorses this proposal. We have no comments or conditions insofar as`fire apparatus access or firefighting water supplies are concerned. If there is anything about this letter you do not understand, disagree with, or wish to discuss further, please call me. Sincerely, John K. Dalby John K. Dalby, Deputy Fire Marshal II Tualatin Valley Fire & Rescue, North Division 14480 SW Jenkins Road Beaverton, OR 97005 -1152 (503) 356 -4723 North Division Office 14480 SW Jenkins Road, Beaverton, OR 97005 Phone: 503- 356 -4700 Fax: 503 -644 -2214 www.tvfr.com • • ST. A OTHO \Y CATHOLIC CEVETERY City of Tigard, Oregon Applicant: Al Tabayoyon St. Anthony's Catholic Cemetery 9905 SW McKenzie Street Tigard, OR 97223 Phone: 503 - 639 -4179 Fax: 503 - 624 -2364 Owner: Roman Catholic Archbishop of Portland in Oregon, and Successors, A Corporate Sole 2838 E. Burnside Portland, OR 97214 Phone: 503 - 234 -5334 Fax: 503 - 234 -2545 Prepared by: Al Tabayoyon St. Anthony Catholic Cemetery 9905 SW McKenzie Street Tigard, OR 97223 Phone: 503 - 639 -4179 Fax: 503 - 624 -2364 Liz Eddleman Planning Resources, Inc. 7160 SW Fir Loop, Suite 201 Portland, OR 97223 Phone: 503 - 684 -1020 • Fax: 503 - 684 -1028 lize( ..prilanduse.com September 5, 2007 planningResoc.rcesinc. 00 • oo planninglesourcesinc. land use planning • site design i I 716o SW Fir Loop, Suite 201 Portland, Oregon 97223 Tel: 503- 684 -102o Fax: 503- 684 -1028 November 27, 2007 2W77 • Emily Eng Assistant Planner City of Tigard • 13125 SW Hall Blvd. Tigard, OR 97223 RE: Application Completeness Review for St. Anthony Catholic Church — CUP 2007 -00005 Dear Emily: This letter and enclosures are submitted in response to your October 9, 2007 letter requesting additional information in order to deem the above application complete. Each of the items raised in your correspondence are addressed as follows: 1. Revise Site Plan to indicate lighting. The applicant does not propose installing any additional lighting at this time. 2. Revise site plan to include species of street trees. Please find an updated site plan including species of trees. 3. Tree Plan. Tree plan by certified arborist is required (includes inventory, removal, protection and mitigation). Please see the updated tree plan including inventory, removal, protection, and mitigation. • 4. Tree Plan. Inventory must include species and size of trees. Please see the updated tree inventory included herein this submittal indicating the size and species of trees. 5. Items on the Public Facilities Checklist. The applicant addresses items on the public facilities checklist below. • Show existing and proposed curb or edge of pavement. Included in the attached documents is a site plan with an aerial overlay depicting the approximate location of existing street improvements. No new street improvements are proposed in conjunction with this application. • Traffic Impact and /or Access Report. The access aligned with 117th and the access between 115th and 117th do not meet spacing standards. The applicant has applied for an adjustment to the spacing standards for the driveway opposite 117th, however the driveway between 115th and 117th must be removed. It does not meet the spacing standards and with the • • approval of the driveway opposite 117th there is no need to provide an additional non- conforming driveway. Remove Driveway. The aforementioned appeals has been submitted to allow the retention of both existing driveway access points onto SW Gaarde Street. Currently these accesses are operating at an acceptable level and the approval of this application to expand the existing cemetery by 1.5 acres will only minimally increase the use of these driveways. The application requests the submitted adjustment be approved. • Preliminary sight distance certification. Provide this for proposed access opposite 117 Avenue. Included herein this submittal is a site distance certificate prepared by Lancaster Engineering for your review. • Show how runoff from the existing driveway is taken care of. How long has the drive way been there - just since the new driveway was constructed? The bordering grass turf absorbs runoff naturally. In the Summer of 2004 as part of the Gaarde street improvement/widening, the City of Tigard put in the curb along the property including the driveway entrance. In Sept/Oct 2004, St. Anthony Cemetery put in the gravel drive that extends from the City's driveway entrance. In April of 2005, St. Anthony Cemetery resurfaced the gravel drive with asphalt. • Please proceed with processing this application. If you have any questions or require additional information, I may be contacted at 503 -684 -1020. Sincerely, Dan Jung Ce � • • 4111:c ite November 20, 2007 St. Anthony Parish Phone: 503 - 330 -8402 Attn: Al Tabayoyon 9905 SW McKenzie Street Tigard, OR 97223 e -mail: al aC�tabayoyon.net CC: Planning Resources RE: 11585 Gaarde Street Tigard, OR 97223 NO. COMMON NAME BOTANICAL NAME DBH CONDITION COMMENTS 1 Coast Redwood Sequoia sempervirens 46 Fair 2 stems: 32,33 2 Douglas Fir Pseudotsuga menziesii 35 Good 3 Japanese Flowering Cherry Prunus serrulata 5 Fair 4 Blireana Plum Prunus x blireana 10 Poor 5 Oregon Myrtle Umbellularia californica 7 Good 6 Thundercloud Flowering Plum Prunus cerasifera 8 Good 7 Japanese Flowering Plum Prunus serrulata 23 Good 8 Red Oak Quercus rubra 34 Good 9 Port Orford Cedar Chamaecyparis lawsoniana 18 Good 10 Port Orford Cedar Chamaecyparis lawsoniana 18 Good 11 Douglas Fir Pseudotsuga menziesii 58 Good 12 Douglas Fir Pseudotsuga menziesii 34 Good Sincerely, Kay Kinyon Tree Care & Landscapes Unlimited, Inc. Certified Arborist by the International Society of Arboriculture, Lic #PN -0409 Residential and Commercial Spraying •Fertilizing•Pruning•Landscape Installation•Landscape Maintenance•Consultation MEMBER: Tree Care Industry Association•International Society of Arboriculture•Oregon Landscape Contractors Assoc. State Licensed Tree Service #62635• Landscape Contractor #5659•Chemical Application @000231•Insured P.O. Box 1566•Lake Oswego, OR 97035. 503 635- 3165•Vancouver360- 737- 2646•Fax 503- 635 -1549 Visit our website at www.tclu.com•E -mail: info @tclu.com • • i Street Tree Planting List Land Use & Develo P ment Standards ;TIGARD. Ash, Green; Fraxinus pennsyivanica Ash, White; Fraxinus americana • Beech, American; Fagus grandifohia Beech, European; Fagus syvatica ( .' .-s - •..- - is Le' Betula •lat•h' a var..a•onica Blackgum; Nyssa sylvatica Cherry, Flowering; Prunes sp. Coffeetree Kentucky Gymnocladus dioicus Dawn Redwood; Metasequioia glyptostroboides Dogwood, Kousa; Cornus kousa • F lm Lar_ebark or C ii nese; Ulmus parvifolia (Gin kgo, Gin o bilob - �oTde'nrain Tree; Koelreuteria paniculata Hackberry, Common; Celtis occidentalis Honeylocust; Gleditsia triancanthos, `var.inermis' Hophombeam, American; Ostrya virgiana Hornbeam, American; Carpinus caroliana Horbeam, European; Carpinus betulus Japanese Snowbell; Styrax japonicus Katsura Tree; Cerridiphylhum japonicum Lilac, Japanese Tree; Syringa reticulata Linden, American; Tilia americana Magnolia, Cucumbertree; Magnolia acuminata Magnolia, Star; Magnolia stellata Ma de, Black; Acer nigrum j ! a.le - - • ge; Acer campestre • --r co to Pw. Map e, Pape ar. • ' er gnseum Maple, Sugar, Acer saccharum Maple, Tatarian; Acer'tataricum Maple, Trident; Acer buergeranum Oak, Northern Red; Quercus rubra Oak, Oregon White; Quercus garryana • Oak, Pin; Quercus palustris Oak, Sawtooth; Quercus acutissima Oak, Shingle; Quercus imbricaria Oak, Shnmard; Quercus shumardii Oak, Swamp White; Quercus bicolor Oak, Willow; Quercus pheilos Pagodatree (a.k.a. Scholars ee); Sophora japonica 3 C -�ea_r Q1 er ; Pyrus calleriana — � . Redb ud; Oerc�s Serviceberry; Amelanrhier Zelkova; Zelkova serrata I: \GURPLN.Shiriey\Street Tree Pianring List.doc 10/9/2006 '• T • • n ; Street Tree Planting Requirements Community Development Code 18.745.040 Street Trees T,IGARD. C Size and spacing of street trees. 1. Landscaping in the front and exterior side yards shall include trees with, a minimum caliper - of two inches at four feet in height as specified in the requirements stated in Subsection 2 below; 2. The specific spacing of street trees by size of tree shall be as follows: a. Small of narrow stature trees under 25 feet tall and less than 16 feet wide branching at maturity shall be spaced no greater than 20 feet apart; b. Medium -sized trees 25 feet to 40 feet tall, 16 feet to 35 feet wide branching at maturity shall be spaced no greater than 30 feet apart; c. Large trees over 40 feet tall and more than 35 feet wide branching at maturity shall be spaced no greater than 40 feet apart; d. Except for signalized intersections as provided in Section 18.745.040 H, trees shall not be planted closer than 20 feet from a street intersection, nor closer than two feet from private driveways (measured at the back edge of the sidewalk), fire hydrants or utility poles to maintain visual clearance; e. No new utilitypole location shall be established closer than five feet to any • existing street tree; f. Tree pits shall be located so as not to include utilities (e.g., water and gas meters) in the tree, well; g. On- premises utilities (e.g., water and gas meters) shall not be installed within existing tree well areas; h Street trees shall not be planted closer than 20 feet to light standards; i New light standards shall not be positioned closer than 20 feet to existing street trees except.when public.safety dictates, then they may be positioned no closer than 10 feet•, j. 'Where there are overhead power lines, the street tree species selected shall be of a type which, at full maturity, will not interfere with the lines; k. Trees shat not be planted within two feet from the face of the curb; and I. Trees shall not be planted within two . feet of any permanent hard surface paving or waikway ;, (1) Space between the tree and the hard surface maybe covered bya nonpermanent hard surface such as grates, bricks on sand, paver blocks and cobblestones; and (2) Sidewalk cuts in concrete for tree planting shall be at least four by four feet to allow for air and water into the root area. j' \CURPI.i \Shirley\ Street Tree Planting L.ist.doc 10/6/2006 . ,. • b o° • . • :. i 0 I' I • / 1• 0 0 qa j� ,...2 ...----"j ! I. • %. . 1 0 a „- 4, ,,,,. , 0 � ° ti ' b j 65,828 S.F. I j• i ■ � I. ; I' ( 1 I TREE INVENTORY LEGEND 1 ; '� i i kg '''‘ i ; DORMS ; I I _ • ' DORMS ON -91E TREE 0 0 1 I �� 1 J I I / j ; j 1 EXISTING OFF -9TE TREE 1' 0 STREET TREE (PEAR, CAl1ERY' ; I • 1 i / 3 05 j PROPOSED 4-FT hFNCE ' j j ■ I I� 1 1 I i i Q 1 i ; 1 a i 0 i 1 c, I 1 I i ' 0 , I 1 i j 1 ' '- i ? !�� 1 i I E 1 166• i 0 [ V CD I ' I IIIP 0 GMRDE STREET - --- ---- - ---- o --- -� - - - - --- - -- ----- --- - -- O ,- NORTH - - - - -- \ - - - -_ -- - -- N _ —_ ��� / I 1400 1300 ! 390 7 600 i 0 PRELIMINARY PLAN SCALE 1" = 60' CONDITIONAL USE PERMIT ■■ planningReso I rccsinc. ■ C! n Partnerships & Performance DATE.' 11 -27 -07 GAARDEST.. 2S103C003400 Lill r,6O nd.OR9 2 Stan 201 � 68 + - +� 503 684-1029 Fag ST ANTHONY CHURCH PROJECT 07 -TAB -508 • • ST. ANTHONY'S CATHOLIC C METE Y • 1 Application Forms • Copy of Signed Application Form • Copy of Fee Check 2 Proof of Ownership • Current Deed 3 Applicable Code Responses • Project Narrative • Adjustment Request • Impact Statement 4 Meeting Information • Pre - Application Notes 5 Service Provider Letters • CWS Prescreen • Tualatin Valley Fire and Rescue 6 Neighborhood Meeting Information • Copy of the Neighborhood Meeting Letter • • Affidavit of Mailing and Posting • Copy of Labels • Copy of Sign In Sheet • Copy of the Meeting Minutes • Copy of site Plan /Agenda 7 Miscellaneous Information • Affidavit of Fence Agreement 8 Plan Sets • 8x10 Plan Sets Attached: • Plan Set — 24 x 36 • planningRe t : :: t :inc. 00 • • • • • • • I , PRE-APP. HELD BY: _ • 11 CITY OF TIGARD PLANNING DIVISION -t �� LAND USE PERMIT APPLICATION City of Tigard Perna Center 13125 SW Hall Blzd, TigarcZ OR 97223 Phone 503.639.4171 'Fax: 503.598.1960 File #I Other Case # Date By , Receipt # I Fee I Date Complete I . TYPE OF PERMIT YOU ARE APPLYING FOR ❑ Adjustment/Variance (I or II) ❑ Minor Land Partition (II) ❑ Zone Change (III) ❑ Comprehensive Plan Amendment (IV) ❑ Planned Development (III) ❑ Zone Change Annexation (IV) ['Conditional Use (III) ❑ Sensitive Lands Review II or (I, III) ❑Zone Ordinance Amendment (IV) ❑ Historic Overlay (II or III) ❑ Site Development Review (II) Q Home Occupation (II) 0 Subdivision (II or III) or • •N 1 R•'I II A -• will •S•S • . .11 -s a .e 'V`.l - 't .4Attz -1• r - 37 , --rwE 1 y t 1 s + " 4 " 4 1 1 e,+"" TAX MAPS & TAX LOT NOS. 2...S t o C 0 •co TAL SITE SIZE - ZONING CT.ASSIFICATION • 6S, 6 sq -C--{- . 'R - 4. APPLICANT* - S-1 . - .A1r1 - r- -} , Iv (T44O L - 1 C - Ce M ET"..12: MAILING ADDRESS/CITY/STATE/ZIP Q o' ■f tut C, 1CN►zi fir. PHONE NO. TAX NO. So3— (owl -4179 Sc' - 6 Z!3 4e4 • PRIMARY CONTACT PERSON - PHONE -NO. I'•• 1 AS.AYOYo fib- - -84oZ. PROPERTY OWNER/DEED HOLDER (Attach list if more than one) 12rO1.1A■t C - oi_' C-Ala of } -::) LAr4 D 1 Na 012-eel o NI, -,acs.-10 S1. tC ---c2SS MAILING ADDRESS /CITY /STATE/ZIP -A- GOv- A-7C'R.11. - c4:::,1....... , z-e7 3e. , — t.,12.4-4 rfl . 1:42.- -r-t..d. ern oF2_ eT7 Z 1 PHONE NO. ■ • - FAXNO. 6o- ✓ - 234- - - 4- 503 - ZEE -Z4 When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owners must sign this application in the space provided on the back of this form or submit a written authorization with this application. PROPOSAL SUMMARY (Please be specific) _ - A . fl G Ve- 1Z - 8'L' a.L - 371. yr - 1 - 17 , - IA* r< >. Ask (Coe c� , ; aQ c 5Glc is . IIP APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS DESCRIBED IN THE "BASIC SUBMITTAL REQUIREMENTS" INFORMATION SHEET. :.\ ..- .._1 -∎ _ ......._N 1. • 3 ,• NI , THE APPLICANT SHALL CERTIFY THAT: • ♦ Ifthe application is granted, the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. ♦ All the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, map be revoked if it is found that any such statements are false. ♦ The applicant has read the entire contents of the application, including the policies and criteria, and understands the 'requirements for approving or denying the application(s). • SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. / 44- € 4 . � ! �z P. c2/. S Ow ignature Date • Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Applicant/Agent /Representative's Signature Date pplicant/Agent/Representative's Signature Date • 1 111 • • 1 2 1 1 • • : X11 • • - ,;; belonging, situated in the eeuaty of Washington and State OC Oregon, to-wits . ' {- - Lot (S). c.x (6), 1a Block (13), Let One (1), Tao(2), three (3), Parr((., Pive (5), Sii • d . ; : ". . (6), 'even (7). and Eight (8), Ps Moab FoustaeA (f<), Worth Plains, ncocrlhtg to the recorded plat th cot on file one of record in the ell= of the Reoorder of Conveyenoeo for t;ashington Q :. . County, Or- :on. . . 1. &: 4-1- ' TO HAVE AED 3O Fa�'+,D the sane hate the grantee end unto her heirs and assigns ..... f . And . grantor dxe coven:at to and with the.. grantee that the sai pronto= are • r t y I . f_ t • free from inoumb . ..es except tax= end assessments levied or gemmed singe the Twelfth day //V • of April 1911, and •apt sales ca account of such taxes or aseeseemnts, and that it is the !P latful owner of veld pr • .ea, and that it will, and its suoaessore shall, warrant and defend • .A 's• *pant= the same to.the antee be heirs and CILIUM forever, against the lawful claims and demands __ . - of all persona whomsoever. IS I2UESS LFZREOP, the BOTH =WY COSD'ABT has dewed these • N '•:'. 'repeats to be Mowed by its Pr -ident and attested by its Secretary thereunto dilly authorised, - ` - = �. ` sad asa te her. •• o'ftlttad this 25Lb day 77: S en ber !I.D.1916 �. : :.. NEIl RPA C70° IBAIT ;, t . . 82g; ad 'its , Seal ed and De aes2 livered to be 1m tta aaenee of ~ r ....= na e whin , C ar C 11mnn PresideA: i. z gg ereon ' dal • IQteeii _ :r8eoreur7 R :Aaadsiot OP ORPDON ' = ( ! County of lesltaosaih:..ea. this Sth day of November 1916, ore se n • appeared L.C.Silmen, to as personally known, .• being d¢1y sworn did say that be Le the Brest- _ V 1 '( dent of the Rum REAL'IY'COMPA]IY. and that the a • affixed to avid instrvaent it Ins corporate - _1 peal of Bald corporation, and that said instrument • signed and sealed in behalf of said . O ot'poratioa by authority )t it- beard of direot.ars, said L.O.Cilmaa aolmewledged *did • • :,_� }; ?* -,': ingtrumeAt to be the tree art .►`• �ee1. of aold.00rpore en. . _: •:2'"';: • - ' 1q rlsliszoY AvEnOP I :ALTO hereunto set. to has• • • affixed my official seal; this, i ; o„ 1 , the day and rear first is t1 L. my eestLrioata written. S • D • ••O' Votary Public for Oregon. . .i. , f S 6l My es -- lesion expires Nov. 21, !s.4o. l . Piled for James R Da Recorder f conveyances. 3 . 1[. ' 4 ' Ronan Catbo Arobbisho of the Dieoese of Oregon' TO 'Azohdiioeae of Oregon City' -4.,-,;,_ • - 3933 — __.._— p - ---• • g - . • r kEOW eU, MEN BY SHE ,p2EBES Gi That the 'Roman Catholic Arobbi.hop of the Diocese ai • '`, Oregon,' a corporation sole duly organised and existing ruder the laws of Oregon, in eonsider 2 { . atton of One Dollar (31.00) to it in band paid by the 'Arohdlooese of Oregon City,' a oorpora- Q • v tie= duly organised and existing under the lass of Oregon, has � bargained and sold and by these - .•v e - c- ' prevents does grant and bargain and sell and convey unto oaidi"Arohdtroese/ Oregon City', '" and unto its erooeesure o the follosing bd and described r p ro p erty A. no assigns all of aun.4e escr . f) : Situated in Washington County In tie State of Oregon, to - wits J % ....!:S'..,. C _ ' . - . • . :.11 of the folIowt described place or parcel �-�•+ 1st. ` S " T - of land lying sad being in Washington County, .al a•,.' Oregon, 3a Section Pocr(4), ',1ry. • Oaa(1), South ' ' t Range One (1) West of the Willamette Meridian. a , The t,sst hereby conveyed being botmded ^ nd �/ , t yartioularly described as follows. to Commenoisg at a point Sixty (69) links. South • ' ` , of the Northwest Corner of the Northeast Quarter _ fffj of Leotloa Pis( <), yep. One (i). South R - /fangs One �' ., (1) Vest, aforesaid; South 12. 47 ohs.; /1 :i 1: } thence North 20d$4. East 7.10 ohs; thence Borth y ��' { ))) • . 1 28 doe; Test 7.10 ohs to the place of beginning, =. f ' a containing Two (2) acres more er less; .ff else the following: ' - •• -' W All of the fe11o:1ug described pieoe or parcel of w ` ^ lend, lying and being in Washington County, Oregon, t I+ l' " f. 4 . mod ii. Seotloa Poop ( <), tip. cns (1) South Range One N 5, t • •:_ One (I) n'est of the Willemetts lleriditn. The tract V ` •'t. , r+' hereby ounveyed being bor..ded and particularly ° desoribed as follows, to - arts ' S . . 0MM A Q- y OF- ' B LA t ) K . - E r e A NIS F U D - -O . 3933 --EC. 1 - 5.1917 24. 106 4 ? . t6Z .__ • . • -- 12th "'""” 2th. Lot �_ (2), ;a Plonk Tbi -ty (30), as eho�n by - roterr=l -pint of the City of Forest Grove, in � � 1 L-stea comet', Or • • SI30 thr�'al ::g: • • I3th. Lot Sin (6). 2?lock (1) .earke'e Addition toGisten, Orogen, 1°aehington County, as ' laid out by irveil. C -ssett e1.4 :.eleh as shown by es4esor }bed as on the dyly rea ded ":i - rep and plat c• said 2.ditian on page 25 of plat Sock of Tana and Villages of / I Washington Cm=ty, Oregon; t also the following: All of Block 3:vc (5l, Earth Plains, in Washington County, Oregon; Lth. also she. following: r10' 15th. Coameneing at the Se:tteast corner of the Donation Clain'ot Jams iicrailand Ili?' 0 Elise Jane hie. wife, a Seetica 3, Township 2, Smith Range 1 Went, in Wasningtra County, Stare of C:e - cr., we r iin-j `Sor1.h Rbenty-five an.: three-tenths (25 -3/10) . 1 n rods; thence wont h'ren.7 -five and tuna - tenths (25 -3/10) rods; thence South Toont - ' `v Iles and th;es- te=the (25 -3/10) redo; thenoe Eaet twenty-five end throat. tenths f . .(253/10). rods' to the ;lase of beginning. - ,'� / g ng. oeatsYMq fern (4) cries mere or..> . y • clan the follwing: ' .. n I..,.' op aerinniit; at an L -s :in (416 ft..) tour hundred and eighteen foot southeast of an t+` iron stake :n the esater at the county ke.d no. A. 159 where the county road fres • Roy Intersects the said eom.yraal.•Uok 159; this being on the south boonrary at (A Wil11aa 722s= an: wire D.L.C.Ao: 37; Yn tap. 1 . U. R. 3 Er..t of the Willamette ' ibri.ilzn; themes 3enth To dam. East 410 feet; thence Cent ;5 do Werth 209 feet; I' v, thence north 7 c -s. Test 410 feat.;' theme east 15 dro. South. 209 root to the p as : : � , o. ✓-,;:e.:.: ti;. -C.. : �. . +:. w ' :ore _ also tier foilo,+ing: I (r� • ath going Piet or See -ion 8, nip. 1 South P.nage 2 Neat o: Billaewtte lhridian, and de or4' l /bed as foliage; ffi_g!tsing st a point on the South Easterly Iine of the Donation rei •._._./) • Y Claim at Bet_ •y Sol^ad, Jr., being Claim Ito. 60 in Top. 1, 'S. R. 2 5.. said point being South 45 :t,. ?est 20.45 chains from the quarter Scotian corner on tile-Fast 1d ' of sa id Sertim 8, an' runnlnr, thence South 14 dew. East 4.65 chains; thence Yon ' r •s 69 dge. Rest Tag e to a point on tl:e Southeast line of . said Noland dints:: the • I North 45 dgs. East following said Noland Claim line 4.12 chs. to the plane of bog inn r also the tolloaing: � I • ' - }8th. All of Iota Ita D' ee (3) aw, Pour (4).in Block ' in Steel's addition to the tear o I Beaverton, as - sloes. and described on the duly recorded cops and plats of said Mdi ion: ' n al the following: y ` 19th. Cvenenaing at a pest cat the S outh line of the Charles Conklin and alts Donation land Clain, wli_-hywt is the Southwest corner of the said Cohn 7ende Cowri:.i's Is O in said Donative: te..r Clete, in Sdrp..Uo•1, B. R. Uo. 3, Ergot in Washington -County, 1 State of Oregon: these rhat on said South line 30 Yaks; thence 9ertb 11 chains I .•- • and 1/2 links; I eri:e East I chain and 20 .inks; thee North 6 chains and 60 1 ; ', J thence West I c ad 50 Bala to: the Vest line of the said Wanda Covring'd Lend thence South en 3.124 Nest line 17 chain and 63-1/2 ;Inks to the starting point ± V o-•ataining 1.33 acres; � =-" ' olio :he Olioeing: 20th. Coomeno� at a ye" co the South line of the Charles Conklin and w1t, Donation. Cla;o, erhiob Past is the Sonthnjt' Darner of the said peter Evers lath: ew •.• id I • . Donation land Clain In ibp. Ro. 1 U• R. Yo. 3 V. in Washington County, State of Or gem • thane. Root m s aid 3 tS H line 30 airs; thence U *halm orth 11 chai and 1/2 links; the •- I 1 Vest 1 chain and 20 Stales; thence Perth 6.60 ohelna; thence East i ohaia and 30 . 1 to the East line of sad Deers's land; thence South 17 ohain and 60-1/2 limns to • the starting point crostaining One (1) acre and thirty- three hundr.tbs (33.'te rIn s - also the following: ; ,�f� 2f at. The Wes, Oas 2 2red: s.s1 Fifteen feail(115) of Blook Thtsty -fo+s (34) la the Cr18 . Tosnkit• of Car:xlins, I hingtsn County. Slat• of Oregon, ns shown en the dulyii .. •ed plat'of eatd tees la the OftiO• of the Recorder cf veld County, end more - ' _. i t� by . J - • fir. Nh3r -.. r'*bfrfd -0 CeMeTBill POYLOtrrrb8 FORM tto.7a2 - SPECIAL WARRANTY DEED Orel Corp•r•t.). coPabain •ooe • Lux PUMUS,arO c0. PORTWQ OR MIA sa -- ` STATE OF OREGON / County of Washington Va ttia. -M,.- - - -- - . ... -- v L Jerry '`�ntjp.'j. • •r of Assess - 1 la 3S- SW- Gaarde — meet and en _ • • z• • Al • T n..na nmr... Clerk for .: • o y that ""�' . , �.:- ,?f - �rti the wi :e„ W.? ? : calved ROtnan fiatholiFArchbishcl@ Af - 1�r 1 1 arty and re . rae •' T�f a{: ;,,if:a ofd : • f said Oregon, -.and - Successors, -a-.0 xporat� -Sol - , County _� * } vat * 2838.-E._ Bu Ae D '" OR- -9 4-4- o i C'l t: •'- - �LT sd3 OL YVIL1aIlCi FOR SPACE RESERVED ''''.14$4.7' . , `' - 283S BL1rns1'd'e — — RECORDERS USE °• a - if ... . _r: o 'ax x axatton, Ex- POrtlaT dT OrretfOTt - 9727 _ El; ,•.... a, • u - lark MS) requesnu« Hawn and u,cawm ,n..,o Marne, Addsese,Mpte Doc 99005795 Portland-- Rect: 224181 16.00 2838.- E.- burnsids — "'- "-- ' -'__ —_ 01/15/1999 02:47:15pm Partland Orsgdan.- 9.7214 m y _ — , IJepury. •• lI SPECIAL WARRANTY DEED !I KNOW ALL. BY THESE PRESENTS that Venitia M. Turnbull - -__ -- !( N hereinafter called grantor, for the consideration hereinafter stated, to grantor paid by Re -us_Catholic,Asehk>l 1 shcp -of- - " a2K _ 3RL_9_ oi,_.anci_Sldt ssa a, - -a Qzrpazate__Sae b hereinafter called grantee, does hereby grant, bargain, sell and convey unto the grantee and grantee's heirs, successors and assigns, that certain real property, with the tenements, hereditaments and appurtenances thereunto belonging or in any way appertaining, situated in _Washington___ County, State of Oregon, described as follows, to-wit: ....• • In Fulfillment of Contract of Sale dated June 6, 1994 and Recorded June 8, 1994, 2 Contract No.94- 55586, Records of Washington County, Oregon. 4 OF SPACE INSUFFICIENT. CONTINUE DESCRIPTION ON REVERSE SIDE) • To Have and to Hold the same unto grantee and grantee's heirs, successors and assigns forever. V) And grantor hereby covenants to and with grantee and grantee's heirs, successors and assigns, that the real property is free from encumbrances created or suffered thereon by grantor and that grantor will warrant and defend the same and every part and parcel thereof against the lawful claims and demands of all persons claiming by, through, or under the grantor. The true and actual consideration paid for this transfer, stated in terms of dollars, is S_.6S1,-COO..f0 . m- However,4be ^ aetuai�ensideratiosrconsistsof -or-ineludes -other -property -ervel re -or -premised- which- isiathe -whole - paFare €the (indicate ' ` wh' sentence between the symbols .0. if not applicable, should be deleted. Sea ORS 93.030.) In construing this deed, where the context so requires, the singular includes the plural, and all grammatical changes shall be ' �� Q made so that this deed shall apply equally to corporations and to individuals. ` In witness whereof, the grantor has executed this instrument this — _____ — day of _ _,19 - -; if grantor i` Q is a corporation, it has caused its name to be signed and its seal, if any, affixed by an officer or other person duly authorized to do so by order of its board of directors. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN ix� -- ----- ! TH INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGU F'T7 tla M. Tur nbu l l q M [Anon BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPRO• — • PRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES - - - - -- AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST t•-» PRACTICES AS DI RNED IN ORS 30.930. "_ _ _— - - - - - -- _ 41 J r STATE OF OREGON, County of __�SG.45d- ssa1?s. — ) ss. This instrument was acknowledged before me on . 1.A/ - -__ — 191 _2_, .• . by This instrument was acknowledged before me on __-, 19 U OFFICIAL SEAL • e , = BRUCE E WALSH __ r ` V COMMISSION NOTARY NO. 308976 No Public for Oregon 1 — r -- MY COMMISSION EXPIRES FEB. 21, 2002 commission expires 7 - Zl 4'2-- - - - - - -- • -- • • • U- LEGAL DESCRIPTION 0 A tract of land in Section 3, Township 2 South, Range 1 West Willamette Meridian, ^ t in the County of Washington and State of Oregon; l v Beginning at the 1/4 corner on the South line of Section 3 and going thence South 89 degrees 41' West along the center line of County Road No. 411, a distance of 417.4 feet to a point on section line and true point of beginning; thence North 00 degrees 37' East 20 feet to an iron pipe; thence continuing North 0 degrees 37' East 397.4 feet to an iron pipe; thence South 89 degrees 41' West 398.9 feet to an iron pipe; thence South 1 degrees 18' West 397.5 feet to an iron'pipe on the North property line of said road; thence continuing South 1 degrees 18' West 20 feet to angle point on South line of Section 3; thence North 89 degrees 41' East 403.6 feet to the true point of beginning. EXCEPTING THEREFROM the followings Beginning at the Northwest corner of the above described tract; thence South 1 degrees 18' West 397.5 feet to the North line of S.W. Gaarde Street; thence North 89 degrees 41' East, along said North line, 238.0 feet; thence North 0 degrees 37' East 397.5 feet to a point on the North line of the above described tract; thence West to the point of beginning. C > • • • 3 • • • St. Anthony Catholic Cemetery 9905 SW McKenzie St Tigard, OR 97223 August 22, 2007 Conditional Use Permit Application Summary and Narrative This is a narrative of findings based on applicable standards as identified in the Pre - Application Conference Notes dated 9/14/2006. 1. General Information Applicant: St. Anthony Catholic Cemetery Business Address: 9905 SW McKenzie St Phone: 503- 639 -4179 Permit Coordinator: Al Tabayoyon Phone: 503- 330 -8402 Property Location: SW Gaarde St. between 115 Ave & 118` Ct. Tax Map/Tax Lot: 2S 103CD / 03400 Necessary Applications: Conditional Use Permit Proposal Description: Expand cemetery burial plots to this lot (65,827.8 sq ft) Comprehensive Plan Designation: Low- density residential Zoning Map Designation: R -4.5 2. Summary of Proposal This proposal pertains to Tax Map 2S103CD, Tax Lot 03400, a 65,827.8 sq. ft. lot purchased by and adjacent to the St. Anthony Catholic Cemetery located near the corner of SW Gaarde Street and SW 117 Ave. This lot borders the existing cemetery on the west side. St. Anthony Catholic Cemetery is proposing that this lot be used for religious burial of human remains thereby extending the length of time the cemetery will be able to offer this service. The lot is currently covered with grass that is frequently mowed. It contains a few trees (see Site Plan). No building is being proposed. To meet City of Tigard requirements, street trees will be planted along the lot's SW Gaarde border and the fence along SW Gaarde will be repositioned so it meets the required 35 feet distance from center of Right- • of -Way. No existing trees on the lot will be removed. No signs are proposed. Page 1 of 4 • • 3. Narrative (Chapter 18.390 — Narrative) • Code Section 18.330 - Conditional Use • 18.330.030 — Approval Standards and Conditions of Approval 1. The site size and dimensions provide adequate area for the needs of the proposed use. The existing cemetery, 3.5 acres, consists of 4 burial sections. The size of this lot, 1.5 acres, is adequate for 2 additional sections. 2. The impacts of the proposed use of the site can be accommodated considering size, shape, location, topography, and natural features. Impact will be minimal as no buildings or changes will be made to the topography. 3. All required public facilities have adequate capacity to serve the proposal. The only public requirement is access to plots for burial and visitation. With the road currently existing on the new lot, the public will have ready and easy access to the new burial sections. 4. The applicable requirements of the zoning district are met except as modified by this chapter. This proposal is the request to use a lot zoned, R-4.5 Low - Density Residential District, for cemetery use for human burial where for this zone as per 18.510.020 "Some civic and institutional uses are also permitted conditionally." 5. The applicable requirements of 18.330.050 are met. All additional development standards for Cemeteries are met: a. Minimum lot size shall be 5 acres; The existing cemetery lot, 3:5 acres, plus this lot, 1.5 acres, totals 5 acres. We do not want to combine these two lots into a single taxable lot. b. Setbacks: For graves, the front, side, and rear yard setbacks are the required 15 feet minimum. There are no structures proposed. c. Adequate fencing shall be provided. Fencing meeting the requirements (at least four feet high located at least 2 -1/2 feet from any right of way shall completely surround the area and meet visual clearance areas) will be installed along the west and south borders of the lot. The north border is currently fenced by a wood fence along bordering lots 2S103CD0100 and 2S103CD0200, then by arborvitae along bordering lot 2S 103CD02500 as requested by that property owner Florence Powell (see attached affidavit). d. There are no off-street parking requirements. Yes, there are no off - street parking requirements. 6. The supplementary requirements set forth in other chapters of this code including but not limited to Chapter 18.780, Signs, and Chapter 18.360, Site Development Review, if applicable, are met. No signs are proposed. Code Section 18.370 — Variances and Adjustments 18.370.030 — Special Adjustment • Page 2 of 4 • • • Access Separation requirements (18.705 H.3. The minimum spacing of driveways • and streets along an arterial shall be 600 feet) cannot be met for the existing driveway that is directly opposite SW 117 Street as it intersects SW Gaarde. See the "Adjustment Request #1" included in this application. Code Section 18.390.40 and 18.390.50 — Impact Study An impact statement resulting from the impact study performed by Planning Resources, Inc. is included in this application. Code Section 18.510 — Residential Zoning Districts The lot is zoned, R -4.5 Low- Density Residential District. As per 18.510.020, "Some civic and institutional uses are also permitted conditionally ". Cemeteries are a conditional use within this zone, hence this proposal. Code Section 18.705 — Access /Egress /Circulation 18.305.030 — General Provisions No buildings or walkways are being proposed. D. Public street access On site vehicle access is accomplished via 1) the existing private road on the lot that feeds onto SW Gaarde St. and that is directly opposite SW 117 Street as it intersects SW Gaarde, and 2) private road on existing cemetery whose driveway is on SW 115 to the east and other driveway on SW Gaarde to the south. E. Curb cuts SW Gaarde St has recently undergone a major reconstruction. It has been widened and sidewalks, curbs, and driveways have been installed. Curb cuts are in accordance with Section 18.810.030N. H.3. The minimum spacing of driveways and streets along an arterial shall be 600 feet. The existing driveway on the lot does not meet this requirement therefore a variance (special adjustment) request is included in this application. See the "Special Adjustment Request" included in this application for this driveway Code Section 18.745 — Landscaping & Screening Standards 18.745.030 — General Provisions C. Installation requirements The plant materials shall be of high grade, and shall meet the size and grading standards of the American Standards for Nurberg Stock (ANSI Z60, 1 -1986, and revisions). E. Protection of existing vegetation All trees currently on the lot will be retained. The ground is currently covered with grass and will be maintained as such. • 18.745.040 — Street Trees Page3of4 • • Street trees will be installed along the SW Gaarde border in accordance to "C. Size and spacing of street trees " requirements. List of trees are for review in • the Landscape Plan. Code Section 18.775 — Sensitive Lands 18.775.030 — Administrative Provisions As per subsection A.1, a CWS Service Provider Letter was obtained and is included in this proposal. It notes that "sensitive areas do not appear to exist on site or within 200' of the site." Code Section 18.780 — Signs No signs are proposed. Code Section 18.790 — Tree Removal No existing trees will be removed. Code Section 18.795 — Visual Clearance Areas The existing driveway on Gaarde Street across SW 117 Ave meets the Visual Clearance Area requirements set forth in this code section. Vision clearance triangles are shown on the Site Plan map. Code Section 18.810 — Street & Utility Improvement Standards SW Gaarde St has recently undergone a major reconstruction. It has been widened and sidewalks, curbs, and driveways have been installed. No more improvements • are necessary. Cleanwater Services (CWS) Buffer Standards R & 0 96- 44/USA Regulations — Chapter 3 As per CWS Service Provider Letter "sensitive areas do not appear to exist on site or within 200' of the site." Surface Water Management United Sewerage Agency Resolution & Order No. 00 -7 No new impervious surface areas are being created therefore construction of an on -site water quality facility is not necessary. • Page 4 of 4 • • t St. Anthony Catholic Cemetery 9905 SW McKenzie St Tigard, OR 97223 August 22, 2007 Adjustment Request #1 In accordance with code section 18.370, this is a request for adjustment that will enable this lot (tax lot 03400) to retain its existing driveway on SW Gaarde St. This driveway provides access to the only private road that exists on the lot. Code Section 18.705 H.3 requires a minimum spacing of driveways and streets along an arterial shall be 600 feet. This is a request to allow a reduction of that minimum spacing. Along the arterial SW Gaarde St, the existing driveway on this lot is 417 feet west of SW 115 Ave and 563 feet east of SW 118 Ct. This driveway / private road, however, is directly across SW 117 Street's intersection to SW Gaarde St. Reasons for granting this adjustment include: • The existing private road intersects SW Gaarde St. immediately across SW 117 Street's intersection to SW Gaarde St. • • The driveway was installed by the City of Tigard when SW Gaarde St recently underwent a major reconstruction. With the assumption that this driveway met city codes, a private road was paved at that time. • Because the lot will be used as a cemetery, use of this driveway and private road will be extremely light. • • • • • • • • I • ST0 ANOTHONY CATHOLIC CVTERY F. Dmpact Statement City of Tigard, Oregon Applicant: Al Tabayoyon St. Anthony's Catholic Cemetery 9905 SW McKenzie Street Tigard, OR 97223 Phone: 503 - 639 -4179 Fax: 503 - 624 -2364 Owner: Roman Catholic Archbishop of Portland in t• Oregon, and Successors, A Corporate Sole 2838 E. Burnside Portland, OR 97214 Phone: 503 - 234 -5334 Fax: 503 - 234 -2545 Prepared by: Al Tabayoyon St. Anthony Catholic Cemetery 9905 SW McKenzie Street Tigard, OR 97223 Phone: 503 - 639 -4179 Fax: 503 - 624 -2364 Liz Eddleman Planning Resources, Inc. 7160 SW Fir Loop, Suite 201 Portland, OR 97223 Phone: 503 -684 -1020 Fax: 503 - 684 -1028 lize(c�prilanduse.com September 5, 2007 planningReso;:rcesinc. 00 • • TABLE OF C©MTC MTS • Pages Site Information, Project Description, Application Information, Vicinity and Aerial Maps 1 -3 Impact Statement 4 -5 0 Tabayoyon - Gaarde Street planningResourcesinc. ii City of Tigard Conditional Use Application SUBJECT SOT DES RPTOO L— Political Boundaries •i County Washington Planning Information Census Tract 319.04 Neighborhood CPO 4B BULL MTN Urban Growth Boundary Inside Zip Code 97223 Zoning Local Designation R -4.5 Generalized Classification SFR Generalized Class Description Single Family - lot sizes of 5500 to 6500 sq. ft. Environmental Findings Flood Plain (FEMA 100 yr.) Outside Watershed Basin Tualatin Watershed Subbasin Lower Tualatin River Service Providers Fire Protection Tualatin Valley Fire & Rescue Parks City of Tigard School District TIGARD - TUALATIN No. 23J Sewer Clean Water Services District Water City of Tigard Tax Assessment Details Tax Lot Number 2S103CD03400 Tax Lot Size 1.51 acres • Tabayoyon - Gaarde Street planningResourcesinc. 1 City of Tigard Conditional Use Application i • • • • • • • • • • • • • • • • • • : • - • • • - • • . • • •••• • . • • i.•:•:•.• • •••••••• • . - • • • : • • . • • . . . ...• • : . •••• •.:.• . • . •••••. ••!•••••••••••••.:::::::::••••••••• • • • •• •-• •• •••• :•. . •••••• ••• . •••••••:.:•.: . •• ••••••••••••••::::: •.:. . • • • ••• • . • ... . • . • • ........ • • • • • - • • • • • . • • . • ••••••:.•:••• • • • • : • • . . • . . • • • • • • . „ „ „ • • • . • . • • • • • • '• • • • • • . • . • . • • • • • • • • • • • • - . • - • • • • . • • • • • . • . • • • • • . • . • . • • ::: • • • • - • • ••• - • - • • • • • • • • • • 011PACT STATEMEMT Gaarde Street — Conditional Use Permit The following provisions of Sections 18.390.050 are applicable to this Type III Application, a Conditional Use Permit: • CEMETERIES • Type III Procedure — Impact Study The various public facilities and services listed in this section are addressed as follows: Transportation System The subject site has frontage along SW Gaarde Street and is abutted to the east by the current cemetery. The frontage improvements for the site include dedication of additional 15 -feet, to total 35 -feet of ROW, and the addition of street trees along SW Gaarde Street spaced according to City of Tigard code specifications. An existing 22 -foot internal driveway is proposed to remain. The entrance of the driveway is located on the southeast corner of the property, connecting to SW Gaarde Street, and runs along the lot line and into the current graveyard, with an entrance onto SW 115 Avenue. No improvements or changes will be made to the existing driveway. Gaarde Street is currently improved with sidewalks and bicycle lanes; therefore no additional improvements are proposed. To meet the City of Tigard standards the proposed driveway complies with the provisions of this section by continuing access onto the subject site through the use of the internal driveway that connects to SW 115 Street. Drainage System The conditional use permit requested for this property will not create any additional impervious surfaces; Therefore, no stormwater collection, detention and treatment system is proposed for construction to serve the subject site. Parks System There are no parks proposed through this application. This application proposes an addition of approximately 1.51 acres onto the existing cemetery, to be used for graves. The impacts to these existing facilities will be non - existent. Water System This application proposes an addition of approximately 1.51 acres onto the existing cemetery, that it to be used as additional grave sites. Thus system improvements necessary to serve the subject site are not needed. There is currently a fire hydrant at the south -west corner of SW Gaarde Street and SW 117 Avenue. Tabayoyon — Gaarde Street planningResou:cesinc. 4 City of Tigard Conditional Use Application Sanitary Sewer System • No new sanitary sewer connection is proposed to serve the subject site. There is currently a sanitary sewer line in SW Gaarde Street if a future connection is needed. Noise Impacts This application involves an addition of approximately 1.51 acres to the existing cemetery. The subject site is abutted by single family residences to the north, south, and east and abuts the existing cemetery to the east. Hours of operation for the cemetery are 8 am to dusk. Noise impacts associated with the proposed Conditional Use Permit will be non - existent due to the fact that no actual construction will be preformed. 4 Tabayoyon - Gaarde Street planningResourcesinc. 5 City of Tigard Conditional Use Application 4 • M Pt • • '_, ST. ANTHONY CEMETERY 9905 SW MCKENZIE STREET f .1. � ►' { *:. TIGARD OR 97223 r PHONE: 503 - 639 -4179 FAX: 503 -624 -2364 March 8, 2007 Dick Bewersdorff Planning Manager City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 Mr. Bewersdorff, Our Conditional Use Permit Pre - Application Conference meeting for the St. Anthony Cemetery addition occurred on September 14, 2006. The Pre -App Conference Notes are due to expire on March 14` so we are requesting an extension of an additional six months. As suggested by Emily Eng, we are attaching a copy of the notes so you can determine if any of your standards have changed. • If you have questions, feel free to call us: Bruce Hollister ... 503 -593 -3194 (cell) Al Tabayoyon ... 503- 330 -8402 (cell) Sincerely, Bruce Hollister Al Taba Cemetery Director Cemetery Board Chairman - • CITY OF TIGARD 4, PRE - APPLICATION CONFERENCE NOTES :ZIT � ,t r ShapingA Better Community (Pre - Application Meeting Notes are Valid for Six (6) Months) REAP MG DE • sAFAI NON - RESIDENTIAL APPLICANT: C-E• ikikitzsAV C is►emu AGENT: 11 s tfIisft r Phone: (cD) fo ci - r G- Phone: f ) f�f PROPERTY LOCATION: ADDRESS /GENERAL LOCATION: ("air 14-u P I L ' C' I TAX MAP(S) /LOT #(S): S U C_ i_ r °° NECESSARY APPLICATIONS: ( - dam` kite, e P ^. - - (Cu \ SROPOSALDESCRIPTION: T o �;c rx;,��• i_e; e ark bL, a pprc;x 11.4. cic.rc (S . � 7 , R . -, Pr ' COMPREHENSIVE PLAN MAP DESIGNATION: C. c c Fief p i t a "cs- d e; LC1 f ZONING MAP DESIGNATION: R- ZONING DISTRICT DIMENSIONAL REQUIREMENTS (Refer to Code Section 18. 5! 0 i MINIMUM LOT SIZE: L Soc) sq. ft. Average Min. lot width: 0 ft. Max. building height: 3 D ft. Setbacks: Front 7 ft. Side � ft. Rear iS ft. Corner (s ft. from street. MAXIMUM SITE COVERAGE: U % Minimum landscaped or natural vegetation area: G %. NEIGHBORHOOD MEETING (Refer to the Neighborhood Meeting Handout) THE APPLICANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET, INTERESTED PARTIES, AND THE CITY OF TIGARD PLANNING DIVISION of their proposal. A minimum of two (2) weeks between the mailing date and the meeting date is required. Please review the Land Use Notification handout concerning site posting and the meeting notice. Meeting is to be held prior to submitting your application or the application will not be accepted. • * NOTE: In order to also preliminarily address building code standards, a meeting with a Plans Examiner is encouraged prior to submittal of a land use application. CITY OF TIGARD Pre - Application Conference Notes Page 1 of 8 NON- Residential Application Planning Division Section - (Refer to Code It ter 18.3901 NARRATIVE [R P The APPLICANT SHALL SUBMIT A NARRATIVE which provides findings based on the applicable . approval standards. Failure to provide a narrative or adequately address criteria would be reason to consider an application incomplete and delay review of the proposal. The applicant should reviev, the code for applicable criteria. , • IMPACT STUDY [Refer to Code Sections 10.390.040 and 18.390.0501 As a part of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to INCLUDE IMPACT STUDY with their submittal package. The impact study shall quantify the effect of the development on public facilities and services. The study shall address, at a minimum, the transportation system, including bikeways, the drainage system, the parks system, the water system, the sewer system and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication requirement, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. ACCESS [Refer to Chapters 18.105 and 18.7851 Minimum number of accesses: f Minini{um access width: _30 . Minimum pavement width: (t c;.c r (e Lsi ; -i All driveways and parking areas, except for some flet storage parking areas, must be paved. Drive -in use areas: WAIKWAY REQUIREMENTS [Refer to Code Section 18.105.0301 WALKWAYS SHALL EXTEND FROM THE GROUND FLOOR ENTRANCES OR FROM THE GROUND FLOOR LANDING OF STAIRS, ramps, or elevators of all commercial, institutional, and industrial uses, to the streets which provide the required access and egress. Walkways shall provide convenient connections between buildings in multi - building commercial, institutional, and industri , complexes. Unless impractical, walkways should be constructed between a new development an neighboring developments. ❑ SPECIAL SETBACKS [Refer to Code Chapter 18.1301 > STREETS: feet from the centerline of > LOWER INTENSITY ZONES: feet, along the site's boundary. > FLAG LOT: 10 -FOOT SIDE YARD SETBACK. ❑ SPECIAL BUILDING REIGN! PROVISIONS [Refer to Code Section 18.730.0101) BUILDING HEIGHT EXCEPTIONS - Buildings located in a non - residential zone may be built to a height of 75 feet provided that: > A maximum building floor area to site area ratio (FAR) of 1.5 to 1 will exist; > All actual building setbacks will be at least half ('A) of the building's height; and > The structure will not abut a residential zoned district. ❑ BUFFERING AND SCREENING [Refer to Code Chapter 18.1451 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, fence utilities, and walkways. Additional information on required buffer area materials and sizes may b found in the Development Code. CITY OF TIGARD Pre - Application Conference Notes Page 2 of 8 NON - Residential Application/Planning Division Section • • • • The ESTIMATED REQUIRED BUFFER WIDTHS applicable to your proposal area are: feet along north boundary. feet along east boundary. feet along south boundary. feet along west boundary. • IN ADDITION, SIGHT OBSCURING SCREENING IS REQUIRED ALONG: , LANDSCAPING (Refer to Code Chapters 18.745,18.765 and 18.705) 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 (6) feet of the right -of- way boundary. Street trees must have a minimum caliper of at least two (2) inches when measured four (4) feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the branching width of the proposed tree species at maturity. Further information on regulations affecting street trees may be obtained from the Planning Division. A MINIMUM OF ONE (1) TREE FOR EVERY SEVEN (7) 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 berm. , decorative walls, and raised planters. ❑ ' RECYCLING (Refer to Code Chapter 18.755) Applicant should CONTACT FRANCHISE HAULER FOR REVIEW AND APPROVAL OF SITE. SERVICING COMPATIBILITY. Locating a trash /recycling enclosure within a clear vision area such as at the intersection of two (2) driveways within a parking lot is prohibited. Much of Tigard is within Pride Disposal's Service area. Lenny Hing is the contact person and can be reached at (503) 625 -6177. ❑ PARKING (Refer to Code Section 18.765.0401 REQUIRED parking for this type of use: Parking SHOWN on preliminary plan(s): SECONDARY USE REQUIRED parking: tu � Parking SHOWN on preliminary plan(s): NO MORE THAN 50% OF REQUIRED SPACES MAY BE DESIGNATED AND /OR DIMENSIONED AS COMPACT SPACES. PARKING STALLS shall be dimensioned as follows: > Standard parking space dimensions: 8 feet, 6 inches x 18 feet, 6 inches. • Compact parking space dimensions: 7 feet, 6 inches x 16 feet, 6 inches. Note: Parking space width includes the width of a stripe that separates the parking space from an adjoining space. Note: A maximum of three (3) feet of the vehicle overhang area in front of a wheel stop or curb can be included as part of required parking space depth. This area cannot be included as landscaping for meeting the minimum percentage requirements. HANDICAPPED 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 space symbol shall be painted on the parking space surface and an appropriate sign shall be posted. > BICYCLE RACKS ARE REQUIRED FOR MULTI - FAMILY, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in convenient locations. LOADING AREA REQUIREMENTS (Refer to Code Section 18.765.0801 Every COMMERCIAL OR INDUSTRIAL BUILDING IN EXCESS OF 10,000 SQUARE FEET shall be provided with a loading space. The space size and location shall be as approved by the City Engineer. CITY OF TIGARD Pre - Application Conference Notes Page 3 of 8 NON- Residential AppCtationlPlanning Division Section BICYCLE RACKS [gofer to OrSection 18.1651 • • ❑ BICYCLE RACKS are required FOR MULTI - FAMILY, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in • . convenient locations. ❑ SENSITIVE LANDS [Refer to Code Chapter 16.7151 The Code provides REGULATIONS FOR LANDS WHICH ARE POTENTIALLY UNSUITABLE FOR DEVELOPMENT 'DUE TO AREAS WITHIN THE 100 -YEAR . FLOODPLAIN; NATURAL DRAINAGEWAYS, WETLAND AREAS, ON SLOPES IN EXCESS OF 25 PERCENT, OR ON UNSTABLE GROUND. Staff will attempt to preliminary identify sensitive lands areas at the pre - application conference based on available information. HOWEVER, the responsibility to precisely identify sensitive land areas, and their boundaries, is the responsibility of the applicant. Areas meeting the definitions of sensitive lands must be clearly indicated on plans submitted with the development application. Chapter 18.775 also provides regulations for the use, protection, or modification of sensitive lands areas. RESIDENTIAL DEVELOPMENT IS PROHIBITED WITHIN FLOODPLAINS. • ❑ STEEP SLOPES [Refer to Code Section 16115.060.81 When STEEP SLOPES exist, prior to issuance of a final order geotechnical report must be submitted which addresses the approval standards of the Tigard Community Development Code Section 18.775.080.C. The report shall be based upon field exploration and investigation and shall include specific recommendations for achieving the requirements of Section 18.775.080.C. J CLEARWATER SERVICES ECM] BUFFER STANDARDS (Refer to R a 0 96 -444 /USA Regulations - Chapter 31 LAND DEVELOPMENT ADJACENT TO SENSITIVE AREAS shall preserve and maintain or create a vegetated corridor for a buffer wide enough to protect the water quality functioning of the sensitive area. Design Criteria: The VEGETATED CORRIDOR WIDTH is dependent on the sensitive area. The following table identifies the required widths: • TABLE 3.1 VEGETATED CORRIDOR WIDTHS SOURCE: CWS DESIGN AND CONSTRUCTION STANDARDS MANUAURESOLUTION & ORDER 96-44 SENSITIVE AREA DEFINITION SLOPE ADJACENT WIDTH OF VEGETATED TO SENSITIVE AREA CORRIDOR PER SIDE • Streams with intermittent flow draining: <25% 15 feet • 10 to <50 acres 25 feet 0 >50 to <100 acres • Existing or created wetlands <0.5 acre .. • 25 feet • Existing or created wetlands •>0.5 acre <25% 50 feet • Rivers, streams, and springs with year -round flow • Streams with intermittent flow draining >100 acres • Natural lakes and ponds • • Streams with intermittent flow draining: >25% 30 feet + 10 to <50 acres 50 feet • + >50 to <100 acres • Existing or created wetlands >25% Variable from 50 -200 feet. Measure • Rivers, streams, and springs with year -round flow in 25 -foot increments from the starting • Streams with intermittent flow draining >100 acres point to the top of ravine (break in • Natural lakes and ponds <25% slope), add 35 feet past the top of ravine • 4 Starting point for measurement = edge of the defined channel (bankful flow) for streams/rivers, delineated wetland boundary, delineated spring boundary, and/or average high water for lakes or ponds, whichever offers greatest resource protection. Intermittent springs, located a minimum of • feet within the river /stream or wetland vegetated corridor, shall not serve as a starting point for measurement. 5 Vegetated corridor averaging or reduction is allowed only when the vegetated corridor is certified to be in a marginal or degraded condition. 6 The vegetated corridor extends 35 feet from the top of the ravine and sets the outer boundary of the vegetated corridor. The 35 feet may be reduced to 15 feet, if a stamped geotechnical report confirms slope stability shall be maintained with the reduced setback from the top of ravine. CITY OF TIGARD Pre - Application Conference Notes Page 4 of 8 NON - Residential Application /Planning Division Section Restrictions in the Vegeta orridor: • NO structures, development, construction activities, gardens, lawns, application of chemicals, dumping of any materials of any kind, or other activities shall be permitted which otherwise detract. • from the water quality protection provided by the vegetated corridor, except as provided for in the CWS Design and Construction Standards. Location of Vegetated Corridor: IN ANY RESIDENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCELS or lots intended for separate ownership, such as a subdivision, the vegetated corridor shall be contained in a separate tract, and shall not be a part of any parcel to be used for the construction of a dwelling unit. CWS Service Provider Letter. PRIOR TO SUBMITTAL of any land use applications, the applicant must obtain a CWS Service Provider Letter which will outline the conditions necessary to comply with the R&O 96 -44 sensitive area requirements. If there are no sensitive areas, CWS must still issue a letter stating a CWS Service Provider Letter is not required. SIGNS (Refer to Code Chapter 16.10OD 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 application. Alternatively, a Sign Code Exception application may be filed for Director's review. ,� TREE REMOOAE PLAN REQUIREMENTS [Refer to Code Section 10.190.030.CJ A TREE PLAN FOR THE PLANTING, REMOVAL AND PROTECTION OF TREES prepared by a certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review, planned development, or conditional use is filed. Protection is preferred over removal where possible. THE TREE PLAN SHALL INCLUDE the following: Identification of the location, size and species of all existing trees including trees designated as significant by the City; Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.790.060.D according to the following standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: Retainage of less than 25% of existing trees over 12 inches in caliper requires a mitigation program according to Section 18.150.070.D. of no net loss of trees; Retainage of from 25 to 50% of existing trees over 12 inches in caliper requires that two - thirds of the trees to be removed be mitigated according to Section 18.790.060.D.; Retainage of from 50 to 75% of existing trees over 12 inches in caliper requires that 50% of the trees to be removed be mitigated according to Section 18.790.060.D.; Retainage of 75% or greater of existing trees over 12 inches in caliper requires no mitigation; Identification of all trees which are proposed to be removed; and • 9 A protection program defining standards and methods that will be used by applicant to protect trees during and after construction. TREES REMOVED WITHIN THE PERIOD OF ONE (1) YEAR PRIOR TO A DEVELOPMENT APPLICATION LISTED ABOVE will be inventoried as part of the tree plan above and will be replaced according to Section 18.790.060.D. A MITIGATION [Refer to Code Section 10390.06011 REPLACEMENT OF A TREE shall take place according to the following guidelines: • ➢ A replacement tree shall be a substantially similar species considering site characteristics. ➢ If a replacement tree of the species of the tree removed or damaged is not reasonably available, the Director may allow replacement with a different species of equivalent natural resource value. . CITY OF TIGARD Pre - Application Conference Notes Page 5 of 8 NON - Residential Application/Planning Division Section • • • 9 If a replacement tree of the size cut is not reasonably agable on the local market or would not be viable, the Director shall require replacement with more than one tree in accordance with the following formula: O. The number of replacement trees required shall be determined by dividing the estimateilk caliper size of the tree removed or damaged, by the caliper size of the largest reasonabgp available replacement trees. If this number of trees cannot be viably located on the subject property, the Director may require one (1) or more replacement trees to be planted on other property within the city, either public property or, with the consent of the owner, private property. The planting of a replacement tree shall take place in a manner reasonably calculated to . allow growth to maturity. IN -LIEU OF TREE REPLACEMENT under Subsection D of this section, a party may, with the consent of the Director, elect to compensate the City for its costs in performing such tree replacement. . 0 CLEAR VISION : t EA (Refer to Code Chapter 10.795i The City requires that CLEAR VISION AREAS BE MAINTAINED BETWEEN THREE (3) AND EIGHT (8) 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 and any existing obstructions within the clear vision area. • (1 ADDITIONAL LOT DIMENSIONAL REQUIREMENTS (Rotor to Code Section 10.010.0601 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_ The DEPTH OF ALL LOTS SHALL NOT EXCEED 2 TIMES THE AVERAGE WIDTH, unless th ;- parcel is less than 1'/2 times the minimum lot size of the applicable zoning district. IP • CODE CHAPTERS .. )( 18.330 (Conditional Use) 18.620 (Tigard Triangle Design Standards) _ 18.765 (Off-Street Parking/Loading Requirements) _ 18.340 (Director's Interpretation) 18.630 (Washington Square Regional Center) 18.775 (Sensitive Lands Review) - 18.350 (Planned Development) 18.705 (Access/Egress/Circulation) A 18.780 (Signs) _ 18.360 (site Development Review) 18.710 (Accessory Residential Units) - 18.785 (Temporary Use Permits) _ 18.370 (Variances/Adjustments) 18.715 (Density Computations) 4.- 18.790 (Tree Removal) _____ 18.380 (Zoning Map/Text Amendments) 18.720 (Design Compatibility Standards) 18.795 (Visual Clearance Areas) _ 18.385 (Miscellaneous Permits) 18.725 (Environmental Performance Standards) _ 18.798 (Wireless Communication Facilities) 18.390 (Decision Making Procedures A pact Slu Z 18.730 (Exceptions To Development Standards) 4 18.810 (Street & Utility Improvement Standards) - 18.410 (Lot tine Adjustments) 18.740 (Historic overlay) - 18.420 (Land Partitions) 18.742 (Home occupation Permits) - 18.430 (subdivisions) I . 18.745 (Landscaping & Screening Standards) ): 18.510 (Residential Zoning Districts) 18.750 (Manufactured/Mobil Home Regulations) - 18.520 (Commercial Zoning Districts) 18.755 (Mixed Solid Waste/Recycling Storage) - 18.530 (Industrial Zoning Districts) 18.760 (Nonconforming Situations) • • • CITY OF TIGARD Pre - Application Conference Notes Page 6 of 8 • • ADDITIONAL CONCERNS 00 COMMENTS: I!? D u - e "` :t-a i 1. a £ 0 114 -c•tr, INi. (1=c-ft a. j9 n %c,vca C rt r Ci t v\ 4 j C L." (_ C) (F ,33D. . U a S ve r.4.1 (a.J'r v�.JV��t'ti'LG c.c.s Eb rd.we -s - c. re - E -ky. — r -r r' vo S la (l% h rt ay" -F(� e . .S ct c • s'v__cSv Fr<!.i ci -t (Pt:z./ S-r'f my&'j .r M(/? t �3 'f ff r3 r RCA.' 1 CD i t' F t c��/ nit f N . f t ` ' E 1) (cam. f' /yl cJ S i y,,. CC fi r/ r Caa I c t ra ( ) FP'ikci r(r° c C atrr'J •7 rye Tr'r.�� J 4��+.: ' `cGL — c lt1C�'� • Pt iC e S . 1 _ • - 3 SA. • of • „ - ice - , e= r 1iz f f re C -' T'f e S'; i':(�: C 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. APPLICATION SUBMITTAL PROCESS AII.APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the Community Development Department at Tigard City Hall offices. PLEASE NOTE: Applications submitted by mail or dropped off at the counter without Planning Division acceptance may be returned. The Planning counter closes at 5:00 PM. Maps submitted with an application shall be folded IN ADVANCE to 81/2” x 11 ". One, 81/2" x 11" map of a proposed project shall be submitted for attachment to the staff report or administrative decision. Applications with unfolded maps shall not be accepted. The Planning Division and Engineering Department will perform a preliminary review of the application and will determine whether an application is complete within 30 days of the counter submittal. Staff will notify the applicant if additional information or additional copies of the submitted materials are required. CITY OF TIGARD Pre - Application Conference Notes Page 7 of 8 No lush.c'ulantiat AnnGraiinn/Plannina Division Section The administrative deck or public hearing will typically occuSproximately 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 mattigh would be heard by the Tigard C:4'r C_c7uK_c: 1 . A basic flow ch ' which illustrates the review process is available from the Planning Division upon request. Land use applications requiring a public hearing must have notice posted on -site by the applicant no less than 10 days prior to the public hearing. 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. BRUINS PERMS • PLANS FOR BUILDING AND OTHER RELATED PERMITS. WILL NOT BE ACCEPTED FOR REVIEW UNTIL A LAND USE APPROVAL HAS BEEN ISSUED. Final inspection approvals by the Building Division will not be granted until there is corrtpliance with all conditions of - development approval. These pre- application notes do not include comments from the Building Division. For proposed buildings or modifications to existing buildings, it is recommended to contact a Building Division Plans Examiner to determine if there are building code issues.that would prevent the structure from being constructed, as proposed. Additionally, with regard to Subdivisions and Minor Land Partitions where any structure to be demolished has system development charge (SD.C) credits and the underlying parcel for that structure will be eliminated when the new plat is recorded, the City's policy is to apply those system development credits to the first building permit issued in the development (UNLESS OTHERWISE DIRECTED BY THE DEVELOPER AT THE TIME IN WHICH THE DEMOLITION PERMIT IS OBTAINED). PLEASE NOTE: The conference and notes cannot cover all Code requirements and aspects related 1.. site planning that should apply to the development of your site plan. Failure of the staff to proved 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. AN ADDITIONAL PRE - APPLICATION FEE AND CONFERENCE WILL BE REQUIRED IF AN APPLICATION PERTAINING TO THIS PRE - APPLICATION CONFERENCE IS SUBMITTED AFTER A PERIOD OF MORE THAN SIX (6) MONTHS FOLLOWING THIS CONFERENCE (unless deemed as unnecessary by the Planning Division). PREPARED BY: VA-t CITY OF TIGAR PIAN - STAFF PERSON HOLDING PRE -APP. MEETING PHONE: 503 - 639 -4171 FAX: 503 - 684 -1297 i t i- EMAIL: (roe's fit name) @a.tigard.or.us Cv�c�l C ti zi Ara_ TITLE IN (CITY OF TIGARD'S COMMUNITY DEVELOPMENT DE) INTERNET WORM WMW.Ci1igard.Gif.iiS H:lpattyMasters \Pre -App Notes Commercial.doc Updated: 15- Dec-04 (Engineering section: preapp.eng) CITY OF TIGARD Pre - Application Conference Notes Page 8 of 8 NON - Residential Application/Planning Division Section , : ' ..; . h''�':'Je'• ' - -� - - ,. ;zf• +.:5= •_ a ° rt� x' - -:••r.._-..r - .. 1 A '': "- 4 ?SS'v _ �.itP.:c'•�. _ `a• �T�,, -�' -w � _. mo' - .. - _ _ " :: R > > -a:.,• � _ . uµr6- ' '� . C � �:�~. 7cJ��- c � ���,� .. -" r .' }- �-' nrr. • _ . ti: .:`'� • .0 � r - G. r 1 r f: � f .. gg� 4 I �yyi i� i � c+ � : q 1 I J '�' _ � E r - c • .-. ` - •117- ..d`'-� _ Q'fa,._, .1.`....r'.s .d"'1L.. �4 . - !. • .X' T . � •• .a: _ - :;.� _ _•!.:• -:�'�� ,,...::,::-:::..., : . 1 �. Wit_ �.- _ : A. .•? l .._� . .. _ . � - .. ��.. -}' " :2 '''' ''''''': ' ' . ; - : , : f ":17 : ‘...k_ ' . 51-:!-5: 4 " .-i ' 7 " . ',! ' r iniNas i aff ei -, .' , . - -..-,-- ki',, - . 7. :-7,, , ',.... zz z: .z A . k : ?. h. c_ A.. PUBLIC FACILITIES Tax riallsk 251030 Tax Wetl.sr. 3400 be TIM& CV 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. Riaht=of wav 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. 0 Approval of a development application for this site will require right - of-way dedication for: ® SW Gaarde Street to 35 feet from centerline (appears to be 20 feet) ❑ SW to feet ❑ SW • to feet 0 SW • to feet Street improvements: ® Half street improvements will be necessary along SW Gaarde Street, to include: ❑- • feet of pavement ❑ concrete curb . ❑ storm sewers and other underground utirities - ❑ -foot concrete sidewalk ® street trees sized and spaced per TDC ❑ street signs, traffic control devices, streetlights and a two - year streetlight fee. • ❑ Other: ___ CMTverr -- a, l n asalenate Naos Papal el) L1 -1Wa ..VI IN c.:1. J1VV.VVG11\ • • S ❑ street improvements will be necessary along SW , to include: ❑ feet of pavement • • ❑ concrete curb ❑ storm sewers and other underground utilities ❑ -foot concrete sidewalk ❑ street trees ❑ street signs, traffic control devices, streetlights and a two-year streetlight fee. ❑ Other: ❑ street improvements will be necessary along SW , to include: ❑ feet of pavement • ❑ concrete curb ❑ s torm sewers and other underground utilities ❑ -foot concrete sidewalk ❑ street trees ❑ s treet signs, traffic control devices, streetlights and a two-year streetlight fee. El Other: IIP ❑ street improvements will be necessary along SW , to include: ❑ feet of pavement ❑ concrete curb ❑ storm sewers and other underground utilities ❑ -foot concrete sidewalk ❑ street trees ❑. street signs, traffic control devices, streetlights and a two -year streetlight fee. ❑ Other. ❑ street improvements will be necessary along SW � , to include: ❑ feet of pavement ❑ concrete curb ❑ storm sewers and other underground utilities ❑ -foot concrete sidewalk • street trees ❑ street signs, traffic control devices, streetlights and a two -year streetlight fee. Cm KUM Pre on Conference Rotes Page 2.18 tesle.mesg eepartme®thetioe ❑ Other. • • • Agreement for Future Street Improvements: In some cases, where street improvements or other necessary public improvements are not currently practical, the improvements may be deferred. In such cases, a condition of development approval may be specified which requires the property owner(s) to provide a future improvement guarantee. The City Engineer will determine the form of this guarantee. The following street improvements may be eligible for such a future improvement guarantee: ( (2.) Overhead Utility Lines: ❑ Section 18.810.120 of the Tigard Municipal Code (TMC) requires all overhead utility lines adjacent to a development to be placed underground or, at the election of the developer, a fee in -lieu of undergrounding can be paid. This requirement is valid even if the utility lines are on the opposite side of the street from the site. If the fee in -lieu is proposed, it is equal to $ 35.00 per lineal foot of street frontage that contains the overhead lines. There are existing overhead utility lines which run adjacent to this site along SW Prior to , the applicant shall either place these utilities underground, or pay the fee in- lieu described above. • Sanitary Sewers: The nearest sanitary sewer line to this property is a(n) inch line which is located . The proposed development must be connected to a public sanitary sewer. It is the developer's responsibility to Water Supply: The (Phone:(503) ) provides public water service in the area of this site. This service provider should be contacted for information regarding water supply for your proposed development. Fire Protection: Tualatin Valley Fire and Rescue District (South Division) [Contact Eric McMullen, (503) 612 -70101 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. Storm Sewer Improvements: All proposed development within the City shall be designed such that storm water runoff is conveyed • to an approved public drainage system. The applicant will be required to submit a proposed storm CfYeFT16AMD Pre Appptenea Confereeallotes Pa* 801 drainage plan for the silend may be required to prepare a *basin drainage analysis to ensure that the proposed system will accommodate runoff from upstream properties when fully developed. • Must take care of stormwater runoff if creating new impervious surface area. Storm Water Quality: - The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) (Resolution and Order No. 00 -7) which requires the construction of on -site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from impervious surfaces. The - resolution contains a provision that would allow an applicant to pay a fee in -lieu of constructing an on- site facility provided specific criteria are met. The City will use discretion in determining whether or not the fee in -lieu will be offered. If the fee is allowed, it will be based upon the amount of impervious surfaces created; for every 2,640 square feet, or portion thereof, the fee shall be $210. Preliminary sizing calculations for any proposed water quality facility shall be submitted with the development application. It is anticipated that this project will require: ►,1 Construction of an on -site water quality facility. ❑ Payment of the fee in -lieu. This is a required element if creating new impervious surface areas. • Other Comments: All proposed sanitary sewer and storm drainage systems shall be designed such that City g maintenance vehicles will have unobstructed access to critical manholes in the systems. Maintenance access roadways may be required if existing or proposed facilities are not otherwise readily accessible. • Access spacing standards must be met or an adjustment to the standard granted. See 18.705.030.H.1 -4. Preliminary sight distance certification must be provided with the Land Use application for completeness. 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 developments 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 use 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. • CITY fr?IBIUMD Pr slic>Dir Confirms Nees Pagel of 6 eivmewrieY moutment Sasso ! • • • PEBNIIS Public Facility Improvement (PFI) Permit: Any work within a public right -of -way in the City of Tigard requires a PFI permit from the Engineering Department. A PFI permit application is available at the Planning/Engineering counter in City Hall. For more extensive work such as street widening improvements, main utility line extensions or subdivision infrastructure, plans prepared by a registered professional engineer must be submitted for review and approval. The Engineering Department fee structure for this permit is considered a cost recovery system. A deposit is collected with the application, and the City will track its costs throughout the life of the permit, and will either refund an remaining portion of the deposit, or invoice the Permittee in cases where City costs exceeds the deposit amount. NOTE: Engineering Staff time will also be tracked for any final design - related assistance provided to a Permittee or their engineer prior to submittal of a PFI permit application. This time will be considered part of the administration of the eventual PFI permit. The Permittee will also be required to post a performance bond, or other such suitable security. Where professional engineered plans are required, the Permittee must execute a Developer/Engineer Agreement, which will obligate the design engineer to perform the primary inspection of the public improvement construction work. The PFI permit fee structure is as follows: MOTE if an PR Permit Is required, the applicant must obtain that • permit prior to release of any permits from the Building Dim ion Building Division Permits: The following is a brief overview of the type of permits issued by the Building Division. For a more detailed explanation of these permits, please contact the Development Services Counter at 503 - 639 -4171, ext. 304. • Site Improvement Permit (SIT). This permit is generally issued for all new commercial, industrial and multi - family projects. This permit will also be required for land partitions where lot grading and private utility work is required. This permit covers all on -site preparation, grading and utility work. Home builders will also be required to obtain a SIT permit for grading work in cases where the lot they are working on has slopes in excess of 20% and foundation excavation material is not to be hauled from the site. Building Permit (BUP). This permit covers only the construction of the building and is issued after, or concurrently with, the SIT permit. Master Permit (MST). This permit is issued for all single and multi - family buildings. It covers all - work necessary for building construction, including sub -trades (excludes grading, etc.). This permit can not be issued in a subdivision until the public improvements are substantially complete and a mylar copy of the recorded plat has been returned by the applicant to the City. For a land partition, the applicant must obtain an Engineering Permit, if required, and return a mylar copy of the recorded plat to the City prior to issuance of this permit. Wawa e+ ..c �11oQ l�rlf�ORCe wozu Page 5 if s • Other Permits. litre are other special permits, such a chani I electrical an p pe a ca , electrt and plumbing that may also be required. Contact the Development Services Counter for more information. • r GRADING PLAN REQUIREMENTS FOR SUBDIVISIONS All subdivision projects shall require a proposed grading plan prepared by the design engineer. The engineer will also be required to indicate which lots have natural slopes between 10% and 20 %, as well as lots that have natural slopes in excess of 20 %. This information will be necessary in determining if special grading inspections will be required when the lots develop. The design engineer will also be required to shade all structural fill areas on the construction plans. In addition, each homebuilder will be required to submit a specific site and floor plan for each lot. The site plan shall include topographical contours and indicate the elevations of the corners of the lot. The builder shall also indicate the proposed elevations at the four corners of the building. MOANED BY: r,►aY1 -- 14 -O Cp EN ` , 6 DEPARTMENT STAFF DATE Phone: 1503) 638 -4111 fax W0316244752 documeet2 Revised: September 2, 2003 CRY 9f Centerline/lobs Pane 6 0d6 ineuesonsenstmentsadan • • • • • Jun. 20. 20013 :45P • NNING RESOURCES INC, • No. 11287 P._. 12/4 "I' `Y' IJ`rr ' JUN 2 0 200? 0 By ,.ti _. --- .. - - . • eats titer S ervices :.: �. • .•1: _. a Al. Number Sensitive Area Pre- Screening OVA 7 -Roo soy Site Assessment I Jurisdiction: Washington County Property information: (example 1S234A801400) Owner Information: Taxtot ID(s): 2S1 WO3CD03400 Name: Mr. Al Tabayoyon Company: St Anthony Cleat w Address: e9a5 SW MCkOnSis street Site Address:. Tigard, OR 97223 Alp aim • Geer&Pireetouweentirmaiew inch Nun Phone/Fax:sosne3c.r1»_ - . f Nearest Cross Street: 115th Avenue _ 5 - aletieayoyonnec Development Activity: Check all that apply • Al.1.1111■ Addition to Single Family Residence rooms, deck , garage) ❑ r --. ) Applicant intomlation. Y ( Name: Liz Edmamm Lot Line Adjustment ❑ Minor Land Partition ❑ PlannM R recce, ono. Residential Condominium Company: — ❑ Commercial Condominium ❑ Address: 71 so sW Fir Loop, Ste. 201 Residential Subdivision Cl .Commercial Subdivision 0 vallaee. 67225 Single Lot Commercial ❑ Multi Lot Commercial ❑ Phone/Fax: . " 4 AN ) *t° Other Conditional Use Permit - Cemetery / E-mail: 6ze®pr9snduss.00m r. _ Will the project involve any off-site work: YES CI NO a Unknown E✓ I Location and deecrtptlon of off-alto work: Additional comments or information that may ha needed to understand your protects This application dose r• - replace the need ler Grading and Erosion Centro Permits, Connection permits, nun • i e • - Se, Site Development Permits, DEO 1200 - Permit or other permits as issued by the Department of Environmental Quality, Department of State Lando endlor Department or the Army COE. All required permits and approvals must be obtained and completed under uppNoabte tonal, state, and federal few, - By signing this teen. the Omer Of Owner's authorized agent or representative. acknowledges and egress that employees of peen Water Services have autnorfty to niter the project site al all reasonable limes for the purpose of Inspecting project site condition bed gathering information related to the project site. i certify that I am familiar with the information contained in this document, and to the best of my knowledge and belief, thle lnforn?StlOf IS Irue. complete. and accurate. PrintType Name: Li Eddleman Print/Type Title Associate Planner Signature: owe: e120/07 FOR DISTRICT USE ONLY ❑ Sen s... hue areas potentially exist on site or within 200' of the site. Tug APPLICANT MUST EI$FORM A SITE ASSESSMENT • PRIOR TO ISSUANCE OF A SERVICE PROVIDER LETTER, if Sensitive Areas exist on the elte or w III 200 feet on adjacent properties, a Natural Resources Assessment Report may also be required. K exi Based on review of the submitted materials and hesl available information Sensitive areas do not appear to st on site or within 200' of the site. This Sensitive Area Pre-Screening Site Assessment does NOT eliminate the need to evaluate and protect water quality sensitive areas If they are subsequently discovered. TMs document will salve as your Service Provider letter as required by Resolution and Order 07 -20, Section 3.02.1. All required permits and approvals must be obtained and completed under applicable local, State. and federal law. ❑ Based on review of Ihe mauls and best available Information the above referenced project will not significantly impact the existing or potentially sensitive areas) found near the alto. This Sensitive Area Pre - Screening Site Assessment does NOT eliminate the need to evaluate and protect additional water quality senslttve areas d they are subsequently discovered. This document Weil serve as your Setvtce Provider letter se required by Resolution and Order 07 -20, Section 3.02.'L All required permits and approvals must be obtained end oompleted under applicable local, state, and federal law. [3 This Service Provider Letter is not valid smarts CWS approved site plan(a) are attached. • ❑ The proposed activity does not meet the definition of development or the lot was platted after 9/9/95 ORS 92040(2). NO SiTE - ASSESSMENT SERVICE OV1DER LETiEiZ IS REQUiRF_D. • Reviewed By: Date: G D tO 2550 SW Mabnm Highway _ . Hillsboro, n 67123 _ Hig Jr -- . Mahe: (5x7) 881.6100 • Fan[ (503) 681-4439 • VAMteiemrnatorserriorn navw,timr Jun. 20. 2001 3:45PM__ rin ----- No. 1728 P. 2 • O tt����JJ 5113 ••1 Fax TO: 503 681 -4439 • 002 OF 0C2 FEB 2 6 2007 1� . Fla Number 0 -I _ 00060 y ileanWate Serve s Our commicn:cul k clear. By Sensitive Area Pre - Screening Site Assessment • J urisdiction ell y oi' Y, a Date • - .- . - r ZCa Tax Map & Tax Lot L i� C5-- 3 Q Owner Q r ' di o !e'9. 6 • Ma klDreno n ‘5 ezfton3,tounsh'rp 2 So. Applicant / ,., mo o , , / ; a nd Site Address Aange. l .ii ti4,,rw ¢. Company ' eridian, tJ ('s *y the. Address - St.i rn cken �, e Sr Proposed Activity 51_ a n ►v n y (e •e f � r City State Zip - r .,1 O R 9 }tea 3 if 585 glc) ‘Cctlro� / Phone $ruc /is-ter 503.(, 3 �i59L Ce mt ery LW . Fax 5g3 (, y -a t e 0a By submitting this•form the Owner, or Owner's authorized agent or representative; acknowledges and agrees that employees of Clean Water Services have authority to enter the project alto at all reasonable times for the purpose of inspecting project site conditions and gathering information related to the project site. Official 'meanly below Oils fine • afar use • • elow tala T ne Official meanly bat w !hie line Y N NA Y N NA El (� Sensitive Area Composite Map Stormwater Infrastructure maps Lam`! El Map 0 Z5 PQ,# ❑ ❑ Al QS 14 0 4 17 . ❑ ❑ 14 Locally adopted studies or maps Other Specify I (n m, Specify Based on a review of the above information and the requirements of Clean Water Services Design and Construction Standards Resolution and Order No. 04-9: ❑ Sensitive areas potentially exist on sits or within 200' of the site. THE APPLICANT MUST PERFORM A SiTE CERTIFICATION PRIOR TO ISSUANCE OF A SERVICE PROVIDER. If Sensitive Areas exist on the site or within 200 Feet on adjacent properties, a Natural ` Resources Assessment Report may also be required. • Sensitive areas do not appear to exist on site or within 200' of the site. This pre-screening site assessment does NOT eilminate the need to evaluate and protect water quality sensitive areas if they are subsequently discovered. This document will serve as your Service Provider fetter as required by Resolution and Order 04-9, Section 3.02.1. All required permits and approvals must be obtained and completed under applicable local, state, and federal law. n The proposed activity does not Meet the definition of development. NO SITE ASSESSMENT OR SERVICE PROVIDER LETi'ER IS REQUIRED. Reviewer Comments: Reviewed By: Date: ,1 /1/0 7 . Official use only Returned to Applicant Mail Fax Counter 2550 SW Hillsboro Highway • Hillsboro, Oregon 97129 Date _ 4fl°? —By b Phone: (803) 6614100 • Fe)c: (503) 601.4499 • www.kleanwatemervices fig Jun. 20. 2007 3:46PM • 2/26/7 5:03 PM FROM: Fax TO: 509 691 -4139 PAGE: 001 OF 002 No. 1 728 P. 3 • O-......-____... C�C�C�Ot�I� III FEB 2 6 2007 By _. ...- FOR YOUR INFORMATION To: Clean Water Services Fax number: 503 681 -4439 From: Denice Hogan Fax number: 503- 524 -2156 Home phone: 503 -524 -2156 Business phone: Date & lime: 2/26/2007 5 :03:03 PM Pages sent: 2 Re: Site Assessment for St. Anthony Cemetery ' I Hello, We had previously submitted (last August) a request for a site assessment for the parcel of land adjacent to the St. Anthony Cemetery in Tigard. Our request had an incomplete site address, so the incorrect piece of property was evaluated. I verified the tax lot # with the city of Tigard and am faking you another site assessment request. • This property is adjacent to the cemetery, but does not include the property that has the private home on it. If you have any questions regarding the location, please feel free to call Bruce Hollister. at 503 -624 -4596. • Thank you. - Denice Hogan Board Member, St. Anthony Cemetery, Tigard . 14357 SW 133rd Ave Tigard, OR 97224 • • -,Jun. 20. 2007 3:46PM No. 1128 P. 4 • • 4 /N ,A, • • .. . d ii I , . , . . . . . . . '. - . " . . . i etty 4i RE :• ., i.•• FAI C .• ••„.,.,...„., • i=_91 01411116i-. . Ns. :!: ..... . . . i .:. ,. : : .: ;.! : : .., IF .....„... ........„._ irlik al , , MP= a ,,. , %, 4 ...:.,•..,/.4...:4_..;.:...::::,..: ....:. / inn t. • ,..........• • • . um nil • ...: •.. „.i•.;:::::., ,...• .• .•.. ...:. .,,..:,.,:w/.....: 4 4 III r ' .. wa i .....,............_.. _aro . 000, r MI :-.: . 7 ...':':'''''' \ v ` I 2S103CD03400 Mal a., IQUNT • 7,' f44 . . - �- .. , � I �J y • ;...:'::!:. ',•, :, ' 1 ; :;: --'•'.::!.'., : INN .1• ,_ „.„, Syr •:•,. . • 1 - 'ij- JQ iming„,‘I L ., j , _____ ._.........._....„.3.,,,. , .. ' 2 N ` M •111111111.M. 1 Mow , 0 Im p is . vrra.r - - . ....� ti, .,,......11. ii Mil .• ....... .. .... low . 1 . ■■•IPW -,11■81.1.1% 1.11.r•,_ • NOM ._____ IWINi mna■lim,....._. Ti...... ■IMIlyi .....1 Tiii_ri.:._ .7. .,.. ,:._. __ _i„.._ _ __, ,=___ _ j 1,..."..,; ■ N Mar. o. [uUi 1U:15AM CLEAN WATER SERVICES 503 6814439 No.7350 P. 1 [1.1 F I4:i� f i F.,•r. TG: SU3 637 .11Yi VAG p- AI' • �� FEB 2 6 2907 c File Number O ^ _ 4 b ° b a ;leariWater Serviggs 1 Our commitment i. firer. Sensiti a Area Pre - Screening Site Assessment By - Jurisdiction of `l'y of Tl eat J Date r . t �y 2C Tax Map & Tax Lot ,,; Owner a rchrll o G2 ; cg jeosila lrt( tyre v � n .> ce.,ion - i ok0r►.sln ;e 2 Sc . Applicant 5_1 oy ('kkt i, c. rd Site Address R4.-19e, ( Company Y` cJkcfi. C vr f'y D . Address trio 5 5C_) 17-ickrn2•,;<' >7 - . Proposed Activity S ( y)-4-4o ny. me * r y City State Zip r y r v -rJ 2r1 rj 3 a_58.5 50 64a X 77 11 Phone a: t-tc e- ROM s r 503. ee mef - ery ?vr-i c f'e Fax 5 ( By submitting this form the Owner, or Owner's authorized agent or representative, acknowledges and agrees that employees of Clean Water Services have authority to enter the project site at all reasonable times for the purpose of inspecting project site conditions and gathering information related to the project site. Oflidst use only be this line Official use only below this line Official usS only below this line Y N NA Y N NA I r— Sensitive # 2. 5 1(t/, Are C Map Stor wate cti r I nfrastructure maps 1 (. j Ma n # m Locally adopted studies or maps n „ Other Specify I I I 11 V 4 Specify Based on a review of the above information and the requirements of Clean Water Services Design and Construction Standards Resolution and Order No. 04 -9: I I Sensitive areas potentially exist on site or within 200' of the site. THE APPLICANT MUST PERFORM A SITE CERTIFICATION PRIOR TO ISSUANCE OF A SERVICE PROVIDER. If Sensitive Areas exist on the site or within 200 feet on adjacent properties, a Natural /� Resources Assessment Report may also be required. V Sensitive aroas do not appear to exist on site or within 200' of the site. This pre - screening site assessment does NOT eliminate the need to evaluate and protect water quality sensitive areas if they are subsequently discovered. This document will serve as your Service Provider letter as required by Resolution and Order 04 -9, Section All required permits and approvals must be obtained and completed under applicable local, state, and federal law. n The proposed activity does not meet the definition of development. NO SITE ASSESSMENT OR SERVICE PROVIDER LETTER IS REQUIRED. Reviewer Comments: Reviewed By: Date: /5 /O 7 7 Official use only Returned to Applicant Post - Ir Fax Note 7671 Data 3/3/p 7 l Mail Fax 'I � d Counter To (7 rve a /'/e/lifr From e4 5a , D 5/570 ..__ BY ^ Co/Dept Co. j- Y r Phone* Phone # se t• Tido ;.• Fax 5-4.3 . r v ' , j c/ Fax # J • • • • 5.442214 p.2 Jun. 20. 2002 I2:54PM PLANNING RESOURCES X. Ns. 2229 P. 2/2 PRE - APPLICATION DATE • — -- -. — APPLICANT: WASHINGTON-COUNTY - - COMPANY: Planning Resources.Inr Dept of Land Use & Transp. coNTACT- Liz Eddleman Land Development Services • ADDRESS: 7T60 SW Fr Loop, Suite 201 ^ r1 155 N. First Ave., Suite 350-13 Portland, OR 97223 Hillsboro: OR 97124 • PHONE. (503) 684.1020 Ph. (503) 845 - 8781 fax (503) 848 - 2908 httP:/MIwW.co:Washington.or.us : • NAME- St. St. Anthony Church; Mr. Al TabaYaYon REQUEST FOR - STATEMENT - ADOpFss: - 9905 SW McKenzie Street OF SERVICE AVAILABILITY Tigard, OR 97223 PHONE: 503-639-4170 Property oesc.. 25 WAD _ 3400 mss) ❑ WATER DISTRICT: Q FIRE DISTRICT: TVFF1 Site Size. 3.57 Acres ❑ TRI -MET Site Address: No sites ❑ TUALATIN HILLS PARK 8 REC. DISTRICT Nearest cross street (or d(rectiorts to site): ID CITY OF Gaarde Si between 115th Ave & 188th Ct. ❑ CLEAN WATER SERVICES,, PROPOSED PROJFCT NAME: N/A • • PROPOSED DEVELOPMENT ACTION (DEVELOPMENT SEViEw, Staa0N PARATIOrt SPECIALUSE1 None - Requesting a Conditional Use Permit fora Cemetery EXISTING USE: SFR PROPOSED USE: Cemetery IF RESIDENTIAL IF INDUSTRIAL/COMMERCIAL IF INSTITUTIONAL; • NO OF OWELLWG UWIS: • • - TYPE OF USE: _ NO- 50 FT —• SINGLE FAM NULTI -F!W NO OF S0. FT. (GROSS FLOOR AREA) w0 STUOENTShNPLOYEESIMEMBERS • THIS IS NOT AN APPROVAL The Fire District has personnel and equipment in the area that can respond to an emergency incident and implement such "actions as may be necessary for fire and /or rescue operations. .For planning purposes, access and fire fighting - water supply complying with fire code requirements shall be included on plans submitted to Washington County for their approval. See approved (stamped) plan for additional information. Date: - Jerry Renfro -Deputy Fire Marshall II Tualatin Valley Fire & Rescue • • • • • S • • NOTICE CONCERNING NEIGHBORHOOD MEETING St. Anthony Catholic Cemetery 9905 SW McKenzie St Tigard, OR 97223 June 27, 2007 To those whom may be concerned, RE: Conditional Use Permit for Additional St. Anthony Cemetery Lot Dear Interested Party: St. Anthony Catholic Cemetery purchased the lot immediately west of the current cemetery grounds in the 1990's. We would like to extend the burial grounds to that lot; therefore we are applying for a Conditional Use Permit to the City of Tigard. We are working on a site plan for the lot to meet City of Tigard requirements. Before submitting the application, we would like to discuss the proposal in more detail with the surrounding property owners and residents. You are invited to attend a meeting on: Date: Thursday, July 19, 2007 Time: 6:30 -7:30 PM Location: St. Anthony Church O'Reilly Hall 9905 SW McKenzie St Tigard, OR 97223 Please note the purpose of this meeting is to share information about the project and to solicit constructive input from neighbors and affected property owners. I look forward to discussing the proposal with you. Please call me at 503- 330 -8402 if you have questions. You can also direct your questions to Bruce Hollister (Cemetery Director, cell: 503 -594- 3194). Sincerely, Ja6=0 Al Tabayoyon Board Chairman / CUP Application Coordinator St. Anthony Catholic Cemetery 0 0 . AFFIDAVIT OF MAILING /POSTING NEIGHBORHOOD MEETING NOTICE , IMPORTANT NOTICE: THE APPLICANT IS REQUIRED TO MAIL THE CITY OF TIGARD A COPY OF THE NEIGHBORHOOD MEETING NOTICE THAT PERTAINS TO THIS AFFIDAVIT AT THE SAME TIME PROPERTY OWNERS ARE MAILED NOTICE, TO THE ADDRESS BELOW: City of Tigard Planning Division 13125 SW Hall Boulevard Tigard, OR 97223 -8189 IN ADDITION, THE APPLICANT SHALL SUBMIT THIS AFFIDAVIT & COPIES OF ALL NOTICES AT THE TIME OF APPLICATION. MAILING: I, 4 ed ► - 14.6 yon 01-1 , being duly sworn, depose and say that on the 2 8 " day of J u n.C.. 20 07 , I caused to have mailed to / each of the persons on the attached list, a notice of a meeting to discuss a proposed development at (or near) Z. 10 3 G,p, — Roc 1-0-1- 03400 is attached hereto and made a part of hereof. , a copy of which notice so mailed 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 located at I % ZI 0 Svl/ Mai h • / 1 5a e d OW, 9 70 °-3 with postage prepaid thereon. —J i u - • tore (In the p se ce • a otary Public) • POSTING: . S , I, A t t- �'t c 'I' . ThJ '&y yo 1't , do affirm that I am ( represent) the party initiating interest in a proposed land use application {- -A, t t - Hiort ` d i C- (e � r e. ¢-} affecting. the land located at (state the approximate location(s) IF no address(s) dnd all tax lot(s) currently registered)) 25 I b3 C -0. - Lb4 ("340e) personallypost notice indicating that the site may be proposed for a , and did on the Z� day of .J u . rte.- , 20 C 7 land use application, and the time, date and place of a neighborhood meeting to discuss the proposal The sign was posted at 2..6 10 3 Ct7 t — rag- L 0 340 O C-17 , On — Hi41 vu ood.e t4 -f- 14 c_Q a t o K •■ 6 a.a vcLe. k. (state location you posted notice on prope a ,,A,.. „- { _.9 . -,J / r — SA / nature (In the pies - nce III Public) (THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETE /NOTARIZE) STATE OF D uy% ) County of assh 1 11 9 " ) ss. Subscribed and sworn/affirmed before me on the ag- 1 day of- J U (t _ 20 07 . 04+ CFFtCIALSEAL =� ' J�FTTE M GENT N OTARY `"' COMMISSION NO. 393603 , 11, • MY COMMISSION EXPIRES JUNE 7, 2009 ' OTARY PUBLIC OF O' GON ``c'° \`°°�� \af of -� neighborhood m � y Commission Expires: 7 J o NE 2490 Page 5 26103C0-01900 • 2S103Ca01000 BAR DONNA L DEXHEIMER MONI 13780 SW FAIRVIEW Cl 11615 SW FAIRVIEW LN TIGARD,OR 97223 TIGARD, OR 97223 . 2S110BA -07700 2S110BA -08200 BLOUIN PAUL F & DIMAGNO EUGENE & SULLIVAN SHELLEY S BIRGIT 11591 SW COLE LN 11540 SW COLE LN TIGARD, OR 97224 TIGARD, OR 97224 2S110BA - 08000 2S103CD BRANSON BRENDA DOHERTY THOMAS A JR 11501 SW COLE LN 13855 SW 118TH CT TIGARD. OR 97223 TIGARD, OR 97223 2S103C0 2S103CD - 00800 BRUTCHER JACK L & MARTI E DUNCAN PATRICIA A 13695 SW 118TH CT 11575 SW FAIRVIEW LANE TIGARD, OR 97223 TIGARD, OR 97223 2S110BA - 01400 2S103CD - 08800 BUSEY JEFF S EMRY LLOYD L LUELLA M 11720 SW GAARDE ST 11655 SW FAIRVIEW LN TIGARD, OR 97224 TIGARD, OR 97223 • 2S110BA - 07600 2S103C0 CHARBONEAU JOHN M & JILL L FARVAN FERESHTEH NATASHA REVOC 11601 SW COLE LN BY FERESHTEH NATASHA FARVAN & TIGARD, OR 97224 MOHAMMAD HOSSEIN DAIISADEGHI TRS 23023 SW 112TH AVE SHERWOOD, OR 97140 • 2S110BA 2S110BA - 08400 CLARK DARREL & DEBORAH J FIELD SCOTT F & DONNA E 14100 SW 117TH AVE 14170 SW 116TH TER TIGARD, OR 97224 TIGARD, OR 97224 2S103C0 2S11064 CORNELL WILLIAM M & FLOWERS JAKE & JUDITH HORNSHUH KAREN L 11541 SW COLE LN 13830 SW 118T1 CT TIGARD, OR 97224 TIGARD, OR 97223 2S103C0 2S103CD - 07800 CRAMER TRINISE L & FORD FREDERIC C & MELISSA E EVES PATRICK D 11705 SW TERRACE TRAILS DR 13815 SW 115TH AVE TIGARD, OR 97223 TIGARD, OR 97223 2S110BA - 01200 2S116BA - 09300 DEHAAN ROBERT & GAIL FRISIRAS CHRIST & • 14105 SW 117TH AVE FRISIRAS CHRISTINE M TIGARD, OR 97224 14055 SW 116TH TER TIGARD, OR 97224 V0 2S1108A 01704 2S103C0 -03000 4110 FURMAN LINDA JEAN HILL DALE & PO BOX 23202 LUCY TIGARD, OR 97224 11540 SW FAIRVIEW LN TIGARD, OR 97223 2S1 D3CD 2S103CD - 01800 GARNER LOREN G & PATRICIA A HOLT DARCI L & ROY S 11630 SW FAIRVIEW LN 13755 SW FAIRVIEW CT TIGARD, OR 97223 TIGARD, OR 97223 2S103CD 2S110BA - 00500 GREEN DENNIS L AND HURD LYNN C & SUSAN J KASHMIR CHRIS 14145 SW 117TH AVE • 13785 SW FAIRVIEW CT TIGARD, OR 97223 TIGARD, OR 97223 2S110BA - 08100 2S110BA - 01100 GRIEB CAMERON & TRICIA HURD SUSAN J 11532 SW COLE LN 14145 SW 117TH TIGARD, OR 97224 TIGARD, OR 97224 2S103CD - 07100 2S103CD GROVER JERRY AND JUDY M HUTSELL PHYLLIS J 13890 SW 118TH CT 13925 SW 118TH CT TIGARD, OR 97223 TIGARD, OR 97223 • 2S1030C - 05100 2S103CD GUSTAFSON ROGER R JAMES JOHN R & JUDITH A DIXIE M 13755 SW 116Th PL 13880 SW 115Th TIGARD, OR 97223 TIGARD, OR 97223 2S103DC - 05200 2S1i0BA - 00390 HARRINGTON CHARLES A III & JAMSHED SINA M • HARRINGTON NANCY 13310 SW BRITTANY DR BY MELANIE HARRINGTON TIGARD, OR 97223 2221 NE 139TH CIR VANCOUVER, WA 98686 2S1030C - 01300 2S103CD HEGAR ROBERT W KAMBERGER ANNE C 12720 SW 60TH CT 13930 SW 118TH COURT PORTLAND, OR 97219 TIGARD, OR 97223 2S103CD - 01400 2S103CD HEYDLAUFF GLORIA J KANGAS ARLEY E 13715 SW FAIRVIEW CT 16875 NW TORREY PINES CT TIGARD, OR 97223 BEAVERTON, OR 97006 2S11013A - 01000 2S103CD - 07400 HICKOK WILLIAM H & SHARON K KLETTKE FAMILY TRUST 14185 SW 117TH BY RICK I /N RENEE KLETTKE TRS • TIGARD, OR 97224 13800 SW 118Th CT TIGARD, OR 97223 !v 28103CD -02200 2S103C0-08100 LINDERMAN WALTER & OFFIELD HAROL9 LAURIE J KATHLEEN S 13755 SW 118TH 13730 SW FAIRVIEW CT TIGARD, OR 97223 TIGARD, OR 97223 I• 29103CD - 03701 291108A LINN GARY D/ELAINE J O'GORMAN ROBERT W & i 1805 SW GAARDE O'GORMAN KAREN A TIGARD, OR 97224 14130 SW 116TY TER TIGARD, OR 97224 29103CD 29103C0-02600 LUDES GREG J & OHMAN MICHAEL D & LISA LYONS JENNIFER 13780 SW 116TH PL 13775 SW FAIRVIEW CT TIGARD, OR 97223 TIGARD, OR 97223 29103CD - 02700 28103CD-00600 MAYBERRY LOIS I OLIVEIRA JOSEPH K AND BY IRENE M BIGSBY POA STEPHANIE F 114 N 117TH ST 11535 SW FAIRVIEW LN OMAHA, NE 68154 TIGARD, OR 97223 291109A - 09100 291108A - 01500 MCANINCH KEVIN S & HELEN V OLSEN JOHN W & FLORENCE M 14165 SW 116TH TER 11760 SW GAARDE ST TIGARD, OR 97224 TIGARD, OR 97224 29103CD - 02500 2 110BA - 01801 MCLAUGHLIN WILLIAM S & OL • J • W & FLORENCE M VOYTKO JENNIFER F 117.0 - 4 GAARDE ST 13775 SW 116TH PL T,. • - D, • 97224 TIGARD, OR 97223 29 103CD-03100 2911013A-0190 MCQUILLAN JOHN R III OL N N W& FLORENCE M 11520 SW FAIRVIEW LN 117 W GAARDE ST TIGARD, OR 97223 ARD, 97224 • 2S110BA - 00600 251030C-05300 MILLER CARL T OLSON STEVEN G & CATHY B SIBYLLA R 13820 SW 115TH AVE 14190 SW 117TH AVE TIGARD, OR 97223 • TIGARD, OR 97223 291109A - 09200 29103C0.05000 MOSS JAMES A & POOR KATHLEEN MARIE KATHLEEN L 11690 SW TERRACE TRAILS DR 14127 SW 116TH TER TIGARD, OR 97223 TIGARD, OR 97224 29110AB 29103C1)-03800 • NIELSON KENNETH E & MARY ANN PORTER HERMAN 1 SW COLE LN 11875 SW GAARDE ST • TIGARD, OR 97224 TIGARD, OR 97224 ' • 2S10300 -02000 28103C0-08000 POWELL FLORENCE A TRUSTEE W SCHIEBOLD HANSWARON R TRUST 13770 SW FAIRVIEW CT 13705 SW 118TH CT TIGARD, OR 97223 TIGARD, OR 97223 • 103CD 2S103C0 Q CORPORATION THE SCOLES HARRY C & BARBARA HA RN BUSINESS CENTER 13750 SW 118TH CT 0 TIGARD, OR 97223 -103CD -08711 281108A-02000 Q - .• - • CORPORATION THE SETNIKER JOHN WILLIAM HA P c ■ BUSINESS CENTER 11830 SW GAARDE ST TIGARD, OR 97224 • 2S110BA - 00100 2S103DC - 05500 QUANDT LINDA J SHARP MARION L & 11500 SW COLE LN BAKER DELMAS L TIGARD. OR 97224 13780 SW 115TH AVE TIGARD, OR 97224 2S1030C - 05400 2S110AB - 04200 RIVERA ROBERT K AND SHUEY NEIL EJDONNA M GEORGENIA H 13895 SW BOXELOER ST 13800 SW 115TH TIGARD, OR 97223 TIGARD, OR 97223 2811013A - 08000 2S103CD • ROBERTS SCOTT J & JOYCE M SILLER FRANK 14195 SW 116TH TER MULLER CHERYL TIGARD, OR 97224 11555 SW FAIRVIEW TIGARD, OR 97223 25103C0 2S103CD - 08900 ROBINSON RICHARD L & RUTH E & SMITH CHRISTIAN I & EMILY M ROBINSON RYAN LEE & REBEKAH ANN 11635 SW FAIRVIEW IN 17206 SW STELLAR DR TIGARD, OR 97223 SHERWOOD. OR 97140 2S103C0 2S103CD ROMAN CATHOLIC ARCHBISHOP OF SMITH MICHAEL B & ELIZABETH E PORTLAND IN OREGON 13735 SW 116TH PL 2838 E BURNSIDE TIGARD, OR 97223 PORTLAND, OR 97214 CD -03400 2S103C0-01300 RO f' N CA ' OUC ARCHBISHOP OF SPANG ADAM T & POR ; • • IN OREGON SPANG JESSICA I 283: = RNSIDE 13705 SW FAIRVIEW CT • - TLAN • , • R 97214 TIGARD, OR 97223 2S103C0 2S103CD - 03600 RONE CLIFFORD G AND SPENCER PHILUP C & LORINDA C CHARMINE L 11765 SW GAARDE • 11715 SW TERRACE TRAILS DR TIGARD, OR 97224 TIGARD, OR 97223 a • 25103C0-07600 • 2S110BA -07800 STEWART WILLIAM R AND LORE•A R TRUAX TAMIL & H M 13700 SW 118TH CT 11571 SW COLE LN TIGARD, OR 97223 PORTLAND, OR 97224 • i 2S103C0 - 08200 2S103CD SWANK GERALD W & CLARICE JEAN TURNBULL VENITIA M TRUSTEE FAMILY TRUST 11735 SW GAARDE BY SWANK GERALD W /CLARICE JEAN TIGARD, OR' 97224 13805 SW 118Th CT TIGARD, OR 97223 28103DC 2S103CD TAMASAKA QARY & JEAN VATERNICK GEORGE P & 13750 SW 115Th AVE CAROLYN A TIGARD, OR 97223. 13855 SW 114Th AVE TIGARD, OR 97223 2S110BA - 01600 • 2S1030C - 05000 . TERRY THOMAS R WALKER GORDON V AND 11746 SW GAARDE ST. SUSAN B TIGARD, OR 97224 13900 SW 115TH TIGARD, OR 97223 • 2 108A - 0030 2S103C0 TIG D OF • WEBER MICHAEL J & ROBERTA K 1312 HALL BLVD 13735 SW FAIRVIEW CT T ARD, OR 97223 TIGARD, OR 97223 • 2 108A - 09 2S1108A - 01300 •• TIG D TY OF YOUNG ROBERT W & HAZEL G 131 HALL BLVD 11700 SW GAARDE ST D, 97223 TIGARD, OR 97224 2 114BA Ti RD TY OF . 131 HALL BLVD T RD, R 97223 2 ' 03CD .1 11 ' OF 1312 W HALL BLVD • T = • • •R 97223 2S1' 0 - 08 • • � TiGAR ' ' TY OF - 131 : S • HALL BLVD T • - • , • - 97223 • 2S1 . CD • ITY OF • .131 : HALL BLVD - • • - 97223 • Brooks Gaston • • 3206 Princess _ Edinburg, TX 78539 . • Don & Dorothy Erdt 13760 SW 121st Avenue Tigard, OR 97223 • . Ellen Beilstein 14630 SW 139th Avenue Tigard, OR 97224 Martha Bishop 10590 SW Cook Lane Tigard, OR 97223 Vanessa Foster 13085 SW Howard Drive Tigard, OR 97223. • Susan Beilke 11755 SW 114th Place Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 Patricia Keerins 12195 SW 121st Avenue Tigard, OR 97223 John Frewing . 7110 SW Lola Lane • Tigard, OR 97223 • Gretchen Buehner o • 13249 SW 136th Place Tigard, OR 97224 MY AC TII ADfl _ tLUTGAI IUTCGCRCII PADT1CC ! , $ /^ I i 1 \ t tonnTCn. 4 u_.. ■ff • i Neignborhood Meeting — July 19, 2007 — St. Anthony Cemetery Conditional Use Permit — Attendance Record • N; e Address City, State Zipcode Phone Number .• �• _ J G Tigard, OR c �.5a � Tigard, OR to. 8;0 0.�; el z. / 77 /L5'Z .60i1 �r./ LL /I/ Tigard, OR ?7 2 0 2 , 3 `�3' 4„0.- Y'7. Tigard, OR Tigard, OR Tigard, OR Tigard, OR • Tigard, OR Tigard, OR Tigard, OR Tigard, OR Tigard, OR Tigard, OR Tigard, OR Tigard, OR Tigard, OR Tigard, OR Tigard, OR Tigard, OR Tigard, OR Tigard, OR • Tigard, OR Tigard, OR Tigard, OR Tigard, OR Tigard, OR Tigard, OR Tigard, OR Tigard, OR St. Anthony Catholic Cemee 4 . :, Minutes of Neighborhood Meeting Conditional Use Permit July 19, 2007 Board Members in Attendance: Father Les Sieg Al Tabayoyon i = Bruce Hollister Dick Uphoff Phil Mc Ilvain Jan Carney Fran Avery Denise Hogan 1. Attendee Sign -in was done as attendees came in to the meeting held at St. Anthony Church at O'Reilly Hall. 2. Statement of Purpose Notice was read by Al Tabayoyon, Conditional Use Permit Coordinator, as provided by the City of Tigard. 3. Presentation of Proposal was presented by Bruce Hollister, Cemetery Director. The site plan was explained for the property In question. With the use of a drawing, the 15 foot set back, and the area where trees will be planted inside the property line was pointed out. The existing trees will not be removed. This property is zoned for single family dwelling. The need to change this zoning is necessary for the expansion of the Cemetery. The fence along S.W. Gaarde will need to be moved back 15 feet. It was further explained that the requirement for the trees is in the right of way. The trees must be maintained for 1— 2 years. After that, it is not a requirement. The need to use this property will not be for many years. 4. Questions and Answers: The following question was asked by Monica Depheimer "Where is the fence going to be ?" Bruce Hollister answered that it would be placed on the property line on the west side of the existing cemetery. Phil Mcllvain asked "What type of fence will be installed ?" It will be a low maintenance fence. No other questions were asked. 5. Father Les Sieg explained why the St. Anthony Cemetery Board is pursuing this permit at this time. The main reason to get the Conditional Use Permit now is because each year the cost of the process increases. The cost now will amount to several thousands of dollars to satisfy the city fees. Years from now when we need this additional land for the cemetery, the costs will be much higher. It was decided that the time to get this change is now. 6. Bruce Hollister said that at the time that the land was purchased, he went around to all of the neighbors telling them that St. Anthony Cemetery was going to purchase the property, not a single neighbor had any objections. The meeting was adjourned at 6:50 p.m., July 19, 2007 Minutes submitted by Jan Carney Secretary St. Anthony Cemetery Board all • • • St. Anthony Catholic Cemetery Conditional User Permit NEIGHBORHOOD MEETING Date: Thursday, July 19, 2007 Time: 6:30 -7:30 PM Location: St. Anthony Church, O'Reilly Hall Meeting Agenda 1. Attendee Sign -in Attendees are required to sign -in. 2. Statement of Purpose Statement of Purpose Notice as provided and required by the City of Tigard will be read by Al Tabayoyon, Conditional Use Permit Coordinator. 3. Presentation of Proposal Cemetery Directory, Bruce Hollister, will present the proposed site plan. 4. Questions and Answers Floor will be open to additional questions not raised during presentation of the 41 proposal. Questions after the Meeting If you have questions after the meeting, feel free to call: Al Tabayoyon St. Anthony Cemetery CUP Coordinator cell: 503- 330 -8402 Bruce Hollister St. Anthony Cemetery Director cell: 503 -594 -3194 • • • I . / L • AFFIDAVIT • I Florence Powell , being duly sworn, deposes and says that on the 2 2. day of R (54 2007, note that in 1999 made a verbal agreement with Bruce Hollister, Director of the St. Anthony Catholic Cemetery, to tear -down the rotted wooden fence bordering the cemetery property (2S1O3CDO34OO) and my property (2S1O3CDO250O) and to replace it with arborvitae trees to form a natural fence. Aor Signature (In the prese w of a Notary Public) (THIS SECTION FOR A STATE OR OREGON, NOTARY PUBLIC TO COMPLETE/NOTARIZE) State of Oregon County of Washington Subscribed and sworn/affimed before me on the /7 / day of C1itjaa , acm 7 . J /1 Grnc - o1 e�2/ Notary Public of Oregon Q� • My Commission expires: OFFICIAL SEAL �l ( ) ` () G FRANCES L AVERY Q �j / / zoo _ ?(" " ' NOTARY PUBLIC- OREGON f () COMMISSION NO.397465 ) (((/2 MY COMMISSION EXPIRES SEPTEMBER 20, 2009 () • • • • • • 1900 2000 2500 2600 • L y. I • i.,„,,,, j c 1 0 I 41 . 0 ( JO 0 500 1 3400 I • A C 65,828 S.F. 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