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City Council Packet - 03/27/2007 City of Tigard, Oregon o 13125 SWHall Blvd. ® Tigard, OR 97223 TIGARD CITY COUNCIL MEETING March 27, 2007 COUNCIL MEETING WILL BE TELEVISED 1:\Ofs\Donna's\Ccpkt3 Phone: 503.639.4171 . Fax: 503.684.7297 . www.tigard-or.gov . TTY Relay: 503.684.2772 FGARD COUNCIL NG 7 ~''t 7 6:30 p.m. Y HALL Ir R ~~i C 7 M LL BLVD L~ R 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deao. Upon request, the City will also endeavor to arrange for the following services: • 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. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA - MARCH 27, 2007 page 1 AGENDA TIGARD CITY COUNCIL MEETING MARCH 27, 2007 6:30 PM • STUDY SESSION > Review Proposed Paid Time Off Policy of Management Group Employees • Staff Report: Administration Department - Human Resources > Ethics Training - City Attorney • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss pending litigation with legal counsel under ORS 192.660(2)(h). All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 7:301'M 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 7:3513M 2. PROCLAMATIONS 2.1 Arbor Day Proclamation • Mayor Dirksen 7:40 PM 3. CITIZEN COMMUNICATION (Two Minutes or Less, Please) • Citizen Communication - Sign-In Sheet • Follow-up to Previous Citizen Communication COUNCIL AGENDA - MARCH 27, 2007 page 2 7:45 PM 4. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 4.1 Approve Council Minutes for February 20, 2007 4.2 Appoint Jason Ashley, Scott Bernhard, Kim Leinberger and Jason Rogers as Members, and Appointing Vernon Cooke as an Alternate Member, to the Park and Recreation Advisory Board - Resolution No. 07-14 A RESOLUTION APPOINTING JASON ASHLEY, SCOTT BERNHARD, KIM LEINBERGER AND JASON ROGERS AS MEMBERS, AND APPOINTING VERNON COOKE AS AN ALTERNATE MEMBER, TO THE PARK AND RECREATION ADVISORY BOARD 4.3 Appoint Matthew Muldoon, Karen Fishel, and Stuart Hasman as Voting Members to the Planning Commission, and Appointing Sondra Carroll as an alternate to the Planning Commission - Resolution No. 07-15 A RESOLUTION APPOINTING MATTHEW MULDOON, KAREN FISHEL, AND STUART HASMAN AS VOTING MEMBERS TO THE PLANNING COMMISSION, AND APPOINTING SONDRA CARROLL AS AN ALTERNATE TO THE PLANNING COMMISSION 4.4 Approve Settlement Agreement to Resolve Measure 37 Claims (M372006-00009 and M372006-00008 - Pascuzzi) 4.5 Authorize the Submittal of a Transportation and Growth Management (TGM) Grant Application for the Preparation of a Multi-Modal Pathway Plan - Resolution No. 07- 16 A RESOLUTION AUTHORIZING THE SUBMITTAL OF A TRANSPORTATION GROWTH MANAGEMENT PROGRAM GRANT PROPOSAL TO FINANCE A MULTI-MODAL PATHWAYS PLAN 4.6 Endorse the Submittal of a Transportation and Growth Management (TGM) Grant Application for Updating the Tigard Transportation System Plan (ESP) - Resolution No. 07-17 A RESOLUTION SUPPORTING A TRANSPORTATION AND GROWTH MANAGEMENT GRANT APPLICATION FOR THE TIGARD TRANSPORTATION SYSTEM PLAN UPDATE 4.7 Local Contract Review Board: a. Award the Contract for the Construction Phase of the Water Building Renovation to Centrex Construction, Inc. and Authorize Staff to Complete and Execute the Contract COUNCIL AGENDA - MARCH 27, 2007 page 3 b. Award Contract for Bulk Mailing Services to Bend Mailing Services and Authorize Staff to Take all Necessary Steps to Execute the Agreement • Consent Agenda - Items Removed or Separate Discussion: Any items tvguested to be removed fiom the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. 7:50 PM 5. CONSIDER JAYWALKING ORDINANCE - ADD A NEW SECTION TO THE TIGARD MUNICIPAL CODE (10.32.235) a. Staff Report: Police Department b. Council Discussion C. Council Consideration: Ordinance No. 07-02 Council Member: I move for adoption of Ordinance No. 07-02 Council Member: I second the motion Mayor: Will the City Recorder please read the number and title of the ordinance? City Recorder: ORDINANCE NO. 07-02 - AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE BY ADDING A NEW SECTION 10.32.235 REGARDING USE OF CROSS WALKS QAYWALKING) Mayor: Is there any discussion? Mayor (after discussion): Will the City Recorder please conduct a roll-call vote of Council? City Recorder: Conducts a roll-call to record votes of City Council members. Mayor: Ordinance No. 07-02 (is adopted or has failed) by a (unanimous, or however votes were split) vote of the Council members present. Note: Tie votes =failure to pass. COUNCIL AGENDA - MARCH 27, 2007 page 4 8:00 PM 6. CONSIDER AN ORDINANCE TO REGULATE GRAFFITI ADD SECTION 7.40.125 AND AMEND SECTION 1.16.030 OF THE TIGARD MUNICIPAL CODE a. Staff Report: Police Department b. Council Discussion C. Council Consideration: Ordinance No. 07-03 Council Member: I move for adoption of Ordinance No. 07-03 Council Member: I second the motion Mayor: Will the City Recorder please read the number and title of the ordinance? City Recorder: ORDINANCE NO. 07-03 - AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE TO ADD SECTION 7.40.125 AND AMENDING SECTION 1. 16.030 FOR THE REGULATION OF GRAFFITI IN PUBLIC PLACES Mayor: Is there any discussion? Mayor (after discussion): Will the City Recorder please conduct a roll-call vote of Council? City Recorder: Conducts a roll-call to record votes of City Council members. Mayor: Ordinance No. 07-03 (is adopted or has failed) by a (unanimous, or however votes were split) vote of the Council members present. Note. Tie votes =failure to pass. 8:10 PM 7. MEASURE 37 CLAIM HEARING (QUASI-JUDICIAL) - LANPHERE ENTERPRISES, INC. (M372006-00003) a. Open Public Hearing - Mayor b. Statement by City Attorney Regarding Procedure C. Declarations or Challenges COUNCIL AGENDA - MARCH 27, 2007 page 5 - Do any members of Council wish to report any ex parte contact or information gained outside the hearing, including any site visits? - Have all members familiarized themselves with the application? Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this matter or is there a challenge on the participation of any member of the Council? d. Staff Report: Community Development Staff e. Public Testimony - Proponents Applicant Other Proponents - Opponents - Rebuttal/Final argument by applicant f. Staff Recommendation g. Close Public Hearing h. Council Discussion and Consideration: Ordinance No. 07-04 Council Member: I move for adoption of Ordinance No. 07-04 Council Member: I second the motion Mayor: Will the City Recorder please read the number and tide of the ordinance? City Recorder: ORDINANCE NO. 07-04 - AN ORDINANCE ADOPTING FINDINGS TO GRANT A BALLOT MEASURE 37 WAIVER OF THE TIGARD DEVELOPMENT CODE MAKING SALES, SERVICE AND REPAIRS OF AUTOMOBILES, MOTORCYCLES AND OTHER LIGHT VEHICLES A NON- CONFORMING USE FOR THE 2.15 ACRES ON CASCADE BOULEVARD, SOUTH OF HIGHWAY 217 (WCTM 1S135BA, TAX LOT 02800) AND ALLOW EXPANSION OF THE USE UNDER THE TIGARD DEVELOPMENT CODE IN PLACE AT THE TIME THE PROPERTY WAS ACQUIRED BY LANPHERE ENTERPRISES, INC. (MARCH 26, 1992) SUBJECT TO APPLYING FOR AND RECEIVING SITE DEVELOPMENT REVIEW APPROVAL (1\4372006-003) Mayor: Is there any discussion? Mayor (after discussion): Will the City Recorder please conduct a roll-call vote of Council? COUNCIL AGENDA - MARCH 27, 2007 page 6 City Recorder: Conducts a roll-call to record votes of City Council members. Mayor: Ordinance No. 07-04 (is adopted or has failed) by a (unanimous, or however votes were split) vote of the Council members present. Note: Tie votes =failure to pass. 8:40 PM 8. MEASURE 37 CLAIM HEARING (QUASI-JUDICIAL) - SHILO INN/CASCADE HOTEL CORPORATION, INC.(M372006-00005) a. Open Public Hearing - Mayor b. Statement by City Attorney Regarding Procedure C. Declarations or Challenges Do any members of Council wish to report any ex parte contact or information gained outside the hearing, including any site visits? Have all members familiarized themselves with the application? Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this matter or is there a challenge on the participation of any member of the Council? d. Staff Report: Community Development Staff C. Public Testimony - Proponents Applicant Other Proponents - Opponents - Rebuttal/Final argument by applicant f. Staff Recommendation g. Close Public Hearing h. Council Discussion and Consideration: Ordinance No. 07-05 Council Member: I move for adoption of Ordinance No. 07-05 Council Member: I second the motion Mayor: Will the City Recorder please read the number and title of the ordinance? City Recorder: ORDINANCE NO. 07-05 - AN ORDINANCE ADOPTING FINDINGS TO GRANT A BALLOT MEASURE 37 WAIVER OF THE TIGARD COUNCIL AGENDA - MARCH 27, 2007 page 7 DEVELOPMENT CODE AND COMPREHENSIVE PLAN POLICES THAT ARE MORE RESTRICTIVE THAN THOSE IN PLACE ON MARCH 19, 1997 WHEN THE 1.17 ACRES AT THE INTERSECTION OF GREENBURG ROAD AND CASCADE BOULEVARD (WCTM 1S135BD, TAX LOT 01300) WAS LEASED BY MARK HEMSTREET, SHILO INN, WASHINGTON SQUARE LLC, AND CASCADE HOTEL CORP., AND TO ALLOW DEVELOPMENT UNDER THE TIGARD DEVELOPMENT CODE IN PLACE AT THAT TIME, SUBJECT TO APPLYING FOR AND RECEIVING SITE DEVELOPMENT REVIEW APPROVAL (1\4372006-00005) Mayor: Is there any discussion? Mayor (after discussion): Will the City Recorder please conduct a roll-call vote of Council? City Recorder: Conducts a roll-call to record votes of City Council members. Mayor: Ordinance No. 07-05 (is adopted or has failed) by a (unanimous, or however votes were split) vote of the Council members present. Note: Tie votes =failure to pass. 9:10 PM 9. COUNCIL LIAISON REPORTS 10. NON AGENDA ITEMS 11. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 9:30 PM 12. ADJOURNMENT Oa0 m\cathy\cca\2007\070327.Aoc COUNCIL AGENDA - MARCH 27, 2007 page 8 Agenda Item No. , For Agenda of c 900,7 Tigard City Council Meeting Minutes Date: March 27, 2007 Time: 6:30 p.m. Place: Tigard City Hall, 13125 SW Hall Boulevard Tigard, Oregon Attending: Mayor Craig Dirksen Presiding Councilor Gretchen Buehner Councilor Sydney Sherwood Absent: Councilor Sally Harding Councilor Tom Woodruff Agenda Item Discussion & Comments Action Items (follow up) Study Session Called to order by Mayor Dirksen. Update on City Manager Prosser advised of recent increase in Passport the numbers of people applying for passports, likely Acceptance because it is spring vacation week. City of Agency Activity Beaverton was so busy, they were sending passport business to Tigard. Reviewed Human Resources Director Zodrow presented the Proposed Paid proposed policy with the City Council. She Time Off reviewed background information with the Council Policy of and successful implementation of similar policies in Management other cities. The plan would be to allot a number of Group hours each pay period into a paid-time off (PTO) Employees account for each management employee. The PTO account would consist of what is now allocated for vacation, management leave, and a portion of sick leave. There would also be a medical leave bank. For short periods of unscheduled leave, such as a day or two of sick leave, the employee would take this time from their PTO account. For a longer illness the time off would come from their medical leave account. City of Tigard supervisors are supportive. Other employers who have used this system have reported a 28-30 percent reduction in unscheduled leaves. Other discussion points for this topic included: Tigard City Council Minutes - March 27, 2007 1 Agenda Item Discussion & Comments Action Items (follow up) • PTO reduces the "sick leave entitlement mentality." • Employees may use the PTO bank for doctor appointments; no need to use sick leave • PTO gives employees control and flexibility. • PTO is well regarded and can be used as an employee recruitment and retention tool. • Proposal represents no change in current accruals. • PTO is valued by high performers and self- motivators. • At separation of service, PTO is paid to the employee. • Employees who have higher balances in their sick leave accounts will be able to convert a portion to their PTO account when the new program is implemented. • There is a potential negative effect for some PERS employees; therefore, they will have a one-time option (if the program is implemented July 1) to remain on the old vacation/sick leave accrual system. • PTO will not be for SEIU or TPOA employees as this is a program that must be negotiated. • The cap on the number of hours that can be accrued has been raised proportionately because management leave and a portion of sick leave will be deposited in the PTO accounts. There was discussion on when an employee could access their sick leave - after one day of unscheduled leave or two. Consensus was for two days. City Manager Prosser advised that supervisors have been doing a good job in making headway in reducing unscheduled leave. This takes a lot of time and effort. Council members present indicated support for the PTO program. Human Resources Director Zodrow advised she would place this on the April 10 Consent Agenda for City Council consideration. City Manager Prosser referred to his employment agreement and said he was not sure if this would be Tigard City Council Minutes - March 27, 2007 2 f/ Agenda Item Discussion & Comments Action Items (follow up) available to him. Ethics Training City Attorney Ramis reviewed Ethics as it pertains to elected officials. He noted there are 16 bills under consideration at the Legislature this session relating to Ethics. He reviewed key principles of Ethics for: 1. Potential conflicts 2. Actual conflicts 3. Exceptions (instances where you can vote if you have an actual conflict; i.e., non-profit organizations and class exemption) City Attorney Ramis reviewed a recent shift by the Oregon Government Standards and Practices Commission (OGSPC) when considering whether a conflict of interest exists to those situations whereby the appearance of fairness should exist. He advised Council members should not rely on "class exemption" for land use issues due to recent rulings by OGSPC. Attorneys' fees are paid by the City to represent and advise a City official before the OGSPC if the official prevails; however, if an ethics violation has been determined by the OGSPC, the official must pay the attorneys' fees. Executive The Tigard City Council went into Executive Session Session at 6:57 p.m. to discuss pending litigation with legal counsel under ORS 192.660(2)(h). Executive Session concluded at 7:19 p.m. Business 1.1 Mayor Dirksen called the City Council and the Meeting Local Contract Review Board to Order at 7:30 p.m. 1.2 Council Present: Mayor Dirksen, Councilors Buehner, and Sherwood. 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports: None Tigard City Council Minutes - March 27, 2007 3 Agenda Item Discussion & Comments Action Items (follow up) 1.5 Call to Council and Staff for Non-Agenda Items: None 2. Proclamation Mayor Dirksen proclaimed the following: • April 4, 2007 as Arbor Day • April 9-15 and National Community Development Week 3. Citizen No testimony. Communication City Manager Prosser reported on follow-up to Citizen Communication from the March 13, 2007 City Council meeting. Mr. John Skourtes brought his concerns to the City Council regarding the plans by TriMet to disallow left turns onto 74`h Avenue going west on Bonita Road when the commuter rail is operational. Staff has drafted a letter to Oregon Department of Transportation - Rail to determine if other options are possible. 4. Consent 4.1 Approve Council Minutes for February 20, 2007 Motion by Councilor Agenda Sherwood, seconded by 4.2 Appoint Jason Ashley, Scott Bernhard, Kim Councilor Buehner, to Leinberger and Jason Rogers as Members, and approve the Consent Agenda Appointing Vernon Cooke as an Alternate Member, to the Park and Recreation Advisory The motion was approved Board - Resolution No. 07-14 by a unanimous vote of Council present. A RESOLUTION APPOINTING JASON ASHLEY, SCOTT BERNHARD, KIM Mayor Dirksen Yes LEINBERGER AND JASON ROGERS AS Councilor Buehner Yes MEMBERS, AND APPOINTING VERNON Councilor Sherwood Yes COOKS AS AN ALTERNATE MEMBER, TO THE PARK AND RECREATION ADVISORY BOARD 4.3 Appoint Matthew Muldoon, Karen Fishel, and Stuart Hasman as Voting Members to the Planning Commission, and Appointing Sondra Carroll as an alternate to the Planning Commission - Resolution No. 07-15 A RESOLUTION APPOINTING MATTHEW MULDOON, KAREN FISHEL, AND STUART HASMAN AS VOTING Tigard City Council Minutes - March 27, 2007 4 Agenda Item Discussion & Comments Action Items (follow up) MEMBERS TO THE PLANNING COMMISSION, AND APPOINTING SONDRA CARROLL AS AN ALTERNATE TO THE PLANNING COMMISSION 4.4 Approve Settlement Agreement to Resolve Measure 37 Claims (M372006-00009 and M372006-00008 - Pascuzzi) 4.5 Authorize the Submittal of a Transportation and Growth Management (TGM) Grant Application for the Preparation of a Multi-Modal Pathway Plan - Resolution No. 07-16 A RESOLUTION AUTHORIZING THE SUBMITTAL OF A TRANSPORTATION GROWTH MANAGEMENT PROGRAM GRANT PROPOSAL TO FINANCE A MULTI-MODAL PATHWAYS PLAN 4.6 Endorse the Submittal of a Transportation and Growth Management (TGM) Grant Application for Updating the Tigard Transportation System Plan (TSP) - Resolution No. 07-17 A RESOLUTION SUPPORTING A TRANSPORTATION AND GROWTH MANAGEMENT GRANT APPLICATION FOR THE TIGARD TRANSPORTATION SYSTEM PLAN UPDATE 4.7 Local Contract Review Board: a. Award the Contract for the Construction Phase of the Water Building Renovation to Centrex Construction, Inc. and Authorize Staff to Complete and Execute the Contract b. Award Contract for Bulk Mailing Services to Bend Mailing Services and Authorize Staff to Take all Necessary Steps to Execute the Agreement 5. Consider Police Chief Dickinson introduced this agenda item. Motion by Councilor Jaywalking Sherwood, seconded by Ordinance - Police Officer Erickson presented the staff report Councilor Buehner, to adopt Add a New noting the purpose of the ordinance was to enhance Ordinance No. 07-02. Tigard City Council Minutes - March 27, 2007 5 Agenda Item Discussion & Comments Action Items (follow up) Section to the safety through the reduction of cars vs. pedestrian Tigard accidents. He said there have been 36 The motion was approved Municipal Code pedestrian/vehicle accidents in the last two years by a unanimous vote of (10.32.235) and, notably, ten of those have occurred within the Council present. last ten months. Officer Erickson reviewed some of the wording contained in the ordinance. Mayor Dirksen Yes Councilor Buehner Yes Police Chief Dickinson said the ordinance was Councilor Sherwood Yes written so it is easy to understand and will be used to educate the public for safe practices. Mayor Dirksen commented that he was surprised the City did not already have such an ordinance in place. He noted his support for this ordinance with the goal to improve safety. Councilor Sherwood noted her support of the ordinance with emphasis being placed on public safety education. The City Council then considered the following ordinance: ORDINANCE NO. 07-02 - AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE BY ADDING A NEW SECTION 10.32.235 REGARDING USE OF CROSS WALKS QAYWALKING) 6. Consider an Police Chief Dickinson introduced this agenda item. Motion by Councilor Ordinance to Buehner, seconded by Regulate Community Services Officer McMahan presented Councilor Sherwood, to Graffiti - Add the staff report. A copy of the presentation viewed adopt Ordinance No. 07-03. Section by the City Council is on file with the City Recorder. 7.40.125 and The motion was approved Amend Section Police Chief Dickinson noted the need to urge by a unanimous vote of 1.16.030 of the immediate clean up of graffiti for the benefit of the Council present. Tigard community. Municipal Code Mayor Dirksen Yes Mayor Dirksen noted the ordinance does not Councilor Buehner Yes address graffiti; rather, it is a response on how to Councilor Sherwood Yes deal with the graffiti. The purpose of the ordinance is to encourage compliance and provides a procedure for graffiti removal. The City Council considered the proposed Tigard City Council Minutes - March 27, 2007 6 Agenda Item Discussion & Comments Action Items (follow up) ordinance: ORDINANCE NO. 07-03 - AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE TO ADD SECTION 7.40.125 AND AMENDING SECTION 1. 16.030 FOR THE REGULATION OF GRAFFITI IN PUBLIC PLACES 7. Measure 37 Attorney Statement on Procedure for Hearing Motion by Councilor Claim Hearing City Attorney Ramis read a statement regarding the Buehner, seconded by (Quasi-Judicial) procedures to be followed for this hearing. Councilor Sherwood, to - Lanphere adopt Ordinance No. 07-04, Enterprises, Public Hearing Opened as amended. Inc. (1\4372006- Mayor Dirksen opened the public hearing. 00003) The motion was approved Declarations or Challenges by a unanimous vote of Mayor Dirksen called for declarations or challenges. Council present. Councilor Sherwood and Councilor Buehner advised they have driven by the site; Mayor Dirksen Mayor Dirksen Yes advised he has visited the site. There were no Councilor Buchner Yes challenges pertaining to the Council's jurisdiction to Councilor Sherwood Yes hear the matter or on the participation of any member of the Council. Staff Report Presented Associate Planner Caines presented the staff report: • Claimant - Lanphere Enterprises and claims City zoning has restricted the use and reduced the value of the property. • Site is located at 10380 SW Cascade Avenue and is developed with a motorcycle/light equipment sales and repair business. • Current zoning is Mixed-Use Commercial. • Property was acquired by the claimant on March 26, 1992. Zoning at that time was Industrial Park and sales and equipment of light equipment was a permitted use with the I-P zone. Under current zoning, vehicle sales are only permitted as an accessory use to a permitted use and vehicle repairs are not permitted. The existing use is considered a non-conforming use. • Claimant is stating compensation in the amount of $1,404,810. No supporting documentation was provided with the claim, but the claimant's Tigard City Council Minutes - March 27, 2007 7 Agenda Item Discussion & Comments Action Items (follow up) representative noted that an appraisal can be provided. The claimant prefers that a waiver of the land use regulations be granted so expansion of the existing use can occur. • No specific development plan was submitted with the application so it is not known what sort of expansion the claimant might propose in the future. Staff compared requirements of the Development Code regulations in place on March 26, 1992 with the current regulations; details are contained in the written staff report on file in the City Recorder's office. • City Council was asked to decide whether to deny the claim, pay the claim or waive the regulations. Staff Recommendation Grant the waiver that shall run with the person, not the land. Further the exemption shall be specific to those standards dealing with Washington Square Regional Center, expansion of existing uses, off- street parking minimum and maximums, and commercial zoning districts. Site Development Review, under the zoning and land use regulations in effect on March 26, 1992, would be required. Public Testimony Steve Morasch, 700 Washington Street, Suite 701, Vancouver, WA 98660 presented testimony as a representative of the claimant. He said the claimant supported the ordinance as proposed. In response to a question from Councilor Buehner, Mr. Morasch said would like to expand their business at this location and, specifically, were looking to a change in the floor area ratio (FAR) requirements. Robert E. Ruedy, 14185 SW 100`'' Avenue, submitted a written statement dated March 27, 2007; a copy of this statement is on file in the City Recorder's office. Mr. Ruedy said he extends his support to Measure 37 claimants. Rebuttal Mr. Morasch advised he had no rebuttal statements. Tigard City Council Minutes - March 27, 2007 8 Agenda Item Discussion & Comments Action Items (follow up) He commented that his client's would make the project a "beautiful one." Council Comments Councilor Buehner and Councilor Sherwood indicated that they could support the proposed ordinance, noting the impact of the request would not be that significant. Mayor Dirksen said that, while he was reluctant to waive the current Code provisions, Measure 37 is very clear with regard to property owners and land use regulations that are to be applicable when the property is purchased. Mayor Dirksen added that he also thought the differences between the previous and current code provisions were slight. City Attorney Ramis said the ordinance should indicate that the waiver is granted to the extent permitted by state law. The ordinance language should be amended. (This language was added to the title of the ordinance.) Council Consideration ORDINANCE NO. 07-04 - AN ORDINANCE ADOPTING FINDINGS TO GRANT A BALLOT MEASURE 37 WAIVER OF THE TIGARD DEVELOPMENT CODE MAKING SALES, SERVICE AND REPAIRS OF AUTOMOBILES, MOTORCYCLES AND OTHER LIGHT VEHICLES A NON- CONFORMING USE FOR THE 2.15 ACRES ON CASCADE BOULEVARD, SOUTH OF HIGHWAY 217 (WCTM 1S135BA, TAX LOT 02800) AND ALLOW EXPANSION OF THE USE UNDER THE TIGARD DEVELOPMENT CODE IN PLACE AT THE TIME THE PROPERTY WAS ACQUIRED BY LANPHERE ENTERPRISES, INC. (MARCH 26, 1992) SUBJECT TO APPLYING FOR AND RECEIVING SITE DEVELOPMENT REVIEW APPROVAL (M372006-003); TO THE EXTENT PERMITTED BY STATE LAW. Tigard City Council Minutes - March 27, 2007 9 Agenda Item Discussion & Comments Action Items (follow up) 8. Measure 37 Attorney Statement on Procedure for Hearing Motion by Mayor Dirksen, Claim Hearing City Attorney Ramis read a statement regarding the seconded by Councilor (Quasi-Judicial) procedures to be followed for this hearing. Buehner, to continue the - Shilo hearing to May 22, 2007. Inn/Cascade Declarations or Challenges Hotel None The motion was approved Corporation, by a unanimous vote of Inc. (1\4372006- Public Hearing Opened Council present. 00005) Mayor Dirksen opened the public hearing. Mayor Dirksen Yes Staff Report Presented Councilor Buehner Yes Associate Planner Caines presented the staff report: Councilor Sherwood Yes • Claimant is Mark Hemstreet, Shilo Inn Washington Square LLC and Cascade Hotel Corporation requesting waiver of all zoning and development codes that are more restrictive than those in effect on the date of property acquisition. Similarly, a waiver is requested to any restrictive provisions of the Comprehensive Plan. • The site is located at 10830 SW Greenburg Road and is developed with a hotel, the Shilo Inn. • The property was originally leased by Mr. Hemstreet in 1984, but the current lease including all three claimants was recorded on March 19, 2997. The City's legal counsel advised this is a transfer of interest in the ground lease and, therefore, waiver should be to the later date in 1997. • Current owners were named. The City requires that all owners must sign the application form or a waiver if compensation is not sought. No signatures or waivers from the owners were provided. A letter (on file in the City Recorder's office, marked Exhibit B) was sent to the claimant's representative Gordan Schrader, Attorney) requesting this information; no response has been received. • Current zoning is Mixed Use Commercial, but was General Commercial in 1997. Commercial lodging was and is a permitted use on this site. • The claimant is stating a compensation amount of $154, 1000. No supporting documentation was provided with the claim, but the claimant's representative reserved the-right to supplement Tigard City Council Minutes - March 27, 2007 10 Agenda Item Discussion & Comments Action Items (follow up) the claim with additional information. • No specific development plan was submitted with the application and, therefore, it is not known what sort of changes the claimant might be proposing in the future. Staff reviewed the development code regulations in place on March 19, 1997 and compared those with the current regulations; details are contained in the written staff report on file in the City Recorder's office. • City Council will be asked to decide whether to deny the claim, pay the claim or waive the regulations. • The applicant has requested a continuance of the hearing. Public Testimony Gene Davis, 10875 SW 89`h Avenue, Tigard, Oregon testified that he owns property "on the same site." He has a hearing coming up for a similar situation. Mr. Davis advised he is in agreement with the staff report. Robert E. Ruedy, 14185 SW 100`h Avenue, reiterated his support for Measure 37 claimants. He submitted a written statement dated March 27, 2007; a copy of this statement is on file in the City Recorder's office. Consideration of Request for Continuance Council considered and approved a continuance of the hearing to May 22, 2007. City Attorney Ramis advised that because the claimants have requested an extension of the time deadline, additional public testimony can be taken by the City Council. He further advised that since the matter has been continued, the public should avoid ex parte contact with the Mayor and City Council. Adjournment The meeting adjourned at 8:25 p.m. Motion by Councilor Sherwood, seconded by Councilor Buehner, to adjourn the meeting. Tigard City Council Minutes - March 27, 2007 11 Agenda Item Discussion & Comments Action Items (follow up) The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Buehner Yes Councilor Sherwood Yes atherine Wheatley, City Recorder Attest: Mayo , City of Tigard Date: 0 Tigard City Council Minutes - March 27, 2007 12 STUDY SESSION AGENDA TIGARD CITY COUNCIL BUSINESS MEETING March 27, 2007 13125 SAY/ Hall Boulevard, Tigard, Oregon 6:30 PNt • STUDY SESSION > Review Proposed Paid Time Off Policy of Management Group Employees • Staff Report: Administration Department - Human Resources > Ethics Training - City Attorney > Passport Update - City Manager • EIZECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss pending litigation with legal counsel under ORS 192.660(2)(h). All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. • ADMINISTRATIVE ITEMS > April 10 Council meeting; review of Town Hall upgrades at 6 p.m. > Council Calendar: April 10* Tuesday Council Business Meeting - 6:30 pm, Town Hall 17* Tuesday Council Workshop Meeting - 6:30 pm, Town Hall (fentativ-d3:.J.oint-Meeting -with-Intergovernmental-\Vater-B'on'd-and4=ake-Bs uego-C-,it3-C-ohnc-il)- 24* Tuesday Council Business Meeting - 6:30 pm, Town Hall 30 Monday Budget Committee Meeting - 6:30 pm, Library Community Room . I I Executive Session - The Public Meetings Law authorizes governing bodies to meet in executive session in certain limited situations (ORS 192.660). An "executive session" is defined as "any meeting or part of a meeting of a governing body, which is closed to certain persons for deliberation on certain matters." Permissible Purposes for Executive Sessions: 192.660 (2) (a) - Employment of public officers, employees and agents, If the body has satisfied certain prerequisites. 192.660(2) (b) - Discipline of public officers and employees (unless affected person requests to have an open hearing). 192.660(2) (c) - To consider matters pertaining to medical staff of a public hospital. 192.660 (2) (d) - Labor negotiations. (News media can be excluded in this instance.) 192.660(2) (e) - Real property transaction negotiations. 192.660 (2) (f) - Exempt public records - to consider records that are "exempt by law from public inspection." These records are specifically identified in the Oregon Revised Statutes. 192-660 (2) (g) - Trade negotiations - involving matters of trade or commerce in which the governing body is competing with other governing bodies. 192.660 (2) (h) - Legal counsel - for consultation with counsel concerning legal rights and duties regarding current litigation or litigation likely to be filed. 192.660 (2) (i) - To review and evaluate, pursuant to standards, criteria, and policy directives adopted by the governing body, the employment-related performance of the chief executive officer, a public officer, employee or staff member unless the affected person requests an open hearingJ The standards, criteria and policy directives to be used in evaluating chief executive officers shall be adopted by the governing body in meetings open to the public in which there has been an opportunity for public comment. 192.660 (2) 0) - Public investments - to carry on negotiations under ORS Chapter 293 with private persons or businesses regarding proposed acquisition, exchange or liquidation of public investments. 192.660 (2) (k)- Relates to health professional regulatory board. 192.660 (2) (1)- Relates to State Landscape Architect Board. 192.660 (2) (m)- Relates to the review and approval of programs relating to security. is\adm\cathy\cca ss - pink sheet\2007\070327ps.doc I City of Tigard, Oregon IN Affidavit of Posting In the Matter of the Proposed Ordinance(s) STATE OF OREGON ) County of Washington ) ss. City of Tigard ) 14 r I, i , being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I posted in the following public and conspicuous places, a copy of Ordinance Number(s) 0-7-/)j 07-03 d- 6]-Qy , which were adopted at the City Council meeting of ' oZ 7 n~ , with a copy(s) of said Ordinance(s) being hereto attached and by reference made a /part hereof, on the day of ,,Q4 A-y r `j , 200_. 1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon 2. Tigard Public Library, 13500 SW Hall Blvd., Tigard, Oregon 3. Tigard Permit Center, 13125 SW Hall Blvd., Tigard, Oregon C IAA Signature of Person who Performed Posting Subscribed and sworn (or affirmed) before me this day of NCI VC 4"' .20 o7. OFFICIAL SEAL Signature of Notary ublic for Oregon JILL M BYARS (*NOTARY PUBLIC-OREGON COMMISSI NO. 1793 MYCOMMI SON EXPIR S38UNE 14, 2008 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 07- AN ORDINANCE AMENDING THE TIGARD- MUNICIPAL CODE BY ADDING A NEW SECTION 10.32.235 REGARDING USE OF CROSSWALKS QAYWALKING) WHEREAS, Tigard has experienced collisions involving pedestrians and vehicles as well as injuries resulting from those collisions; and WHEREAS, the City Council finds that guidelines for. pedestrians crossing public roadways are necessary for increased public safety and to reduce the number of collisions involving pedestrians and vehicles, NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard Municipal Code is amended by adding a new Section 10.32.235 to read as follows: 10.32.235 USE OF CROSSWALKS OAYWALKING) 1. No pedestrian may cross the street or roadway other than within a crosswalk if they are within 100 feet of a crosswalk. 2. A Pedestrian shall cross a street or roadway at a right angle unless crossing within a crosswalk. 3. For purposes of this section, "crosswalk" has the same meaning as found in Oregon Revised Statutes. 4. A violation of any provision of this section is a Class D violation notwithstanding any other provision in this chapter. SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By 111100iWOUS vote of all Council members present after being read by number and title only, this r:~>~ 7 day of 2007. L G ~ nx- 6e Catherine Wheatley, City corder ORDINANCE No. 07- Page 1 . APPROVED: By Tigard City Council this -aay of 32007. - (f, , T. 17a Craig ksen, Mayor Approved as to form: V Ci ttomey Date ORDINANCE No. 07- 0 Page 2 CITY OF T'IGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 07- 03 AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE TO ADD SECTION 7.40.125 AND AMENDING SECTION 1.16.030 FOR THE REGULATION OF GRAFFITI IN PUBLIC PLACES. WHEREAS, the rate of graffiti left on public places in the city is increasing; and WHEREAS, gang graffiti and hate graffiti have been associated with some of the recent incidents reported by the Tigard Police Department; and WHEREAS, the Police Department is well placed to observe the nuisance and to act to enforce the new city regulations against graffiti; and WHEREAS, the Council finds that graffiti has become a nuisance affecting public safety that should be closely regulated, and to do so is in the public interest and necessary for the peace, health and safety of the general public; NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard Municipal Code is amended by adding a new Section 7.40.125 Graffiti, to read as follows: 7.40.125 Graffiti A. Definitions. As used in this section, unless the context requires otherwise: 1. "Abate" means to remove graffiti from the public view. 2. "Graffiti" means any inscription, word, figure, or design that is marked, etched, scratched, drawn or painted on any surface with paint, ink, chalk, dye, other similar substance or placement of stickers or appliques, regardless of content, which is visible from premises open to the public, such as public right of ways or other publicly owned property, and that has been placed upon any real or personal property, such as buildings, fences, and structures, without authorization from the owner or responsible party. 3. "Graffiti nuisance property" means a property upon which graffiti has been placed and such graffiti has been permitted to remain for more than ORDINANCE No. 07- 08 Page 1 14 days after the property owner of record or occupant has been issued written notification. 4. "Manager" means the Tigard City Manager or the manager's designee who is responsible for the administration of the graffiti nuisance abatement program under this chapter. 5. "Occupant" means any person, tenant, sublessee, successor or assignee that has control over property. 6. "Owner" means any person, agent, firm or corporation having a legal or equitable interest in a property and includes but not limited to a mortgagor in possession, an occupant, or a person, agent, firm or corporation that owns or exercises control over items of property such as utility poles, drop boxes, postal collection boxes, and other types of containers. 7. "Permit" means to knowingly allow, suffer, or acquiesce by any failure, refusal, or neglect to abate. 8. "Premises open to the public" means all public spaces, including but not limited to streets, alleys, sidewalks, parks, rights of way and public on space, and private property onto which the public is regularly invited or permitted to enter for any purpose. 9. "Property" means any real or personal property, including but not limited to items affixed or appurtenant to real property or premises, house, building, fence or structure and items of machinery, drop boxes, waste containers, utility poles and vaults, and post office collection boxes. 10. "Responsible party" means an owner, an entity or person acting as an agent for an owner by agreement that has authority over the property or is responsible for the property's maintenance or management. There may be more than one party responsible for a particular property. 11. "Unauthorized" means without consent of the owner, occupant or responsible party. B. Graffiti Nuisance Property 1. Any property location in the City of Tigard that becomes a graffiti nuisance property is in violation of this section and is subject to its remedies. 2. Every responsible party who permits a property to become a graffiti nuisance property is in violation of this section and subject to its remedies. ORDINANCE No. 07- Page 2 C. Graffiti Removal; Notice and Procedures 1. This subsection sets out procedures to be used in processing an infraction of Section 7.40.125, notwithstanding Subsections 7.40.030.C and 1.16.060.2 of this Code. Except as provided herein, other applicable provisions of Chapter 1.16 shall remain in effect. 2. The owner or occupant of any property within the City of Tigard shall remove any graffiti from that property within 14 days of the graffiti's appearance. 3. Whenever the Manager determines that graffiti exists on any property in the City, the Manager may issue an abatement notice. The owner or occupant shall have 14 days after the date of service of the notice to remove the graffiti. 4. The notice shall be served by addressing the notice to the owner or occupant and delivering it by personal service or by mailing it as certified mail. Service may also be accomplished by posting the notice in a clearly visible location on the subject property. 5. If the person who was served the notice is unable to remove, or cause to remove, the graffiti within the 14-day period due to a hardship, he or she may apply to the Manager for an extension of time in which to remove the graffiti. For purposes of this subsection, "hardship" includes but is not limited to serious illness or disability, extremely inclement weather that temporarily prevents removal of the graffiti, or other extraordinary circumstance. 6. If the graffiti is not removed within 14 days after serving notice on the owner or occupant, the Manager may cause a citation to be issued to the owner or occupant or both requiring the person to appear in Tigard Municipal Court. 7. Failure to remove the graffiti as required by this section is a violation punishable by a fine of up to one hundred dollars. Each day the graffiti remains after the notice is sent constitutes a separate offense. 8. The City Manager may adopt rules and procedures to implement this section. ORDINANCE No. 07- O3 Page 3 SECTION 2: Tigard Municipal Code Subsection 1.16.030 2. is amended to read as follows: (Bold is new language): 2. "Code Enforcement Officer" means the individual or individuals appointed or designated by the Director of Community Development or the City Manager to enforce the provisions of this chapter. For enforcement of Chapters 10.16 through 10.32, Section 7.40.125, and Chapter 7.60, "Code Enforcement Officer" also includes Community Service Officers of the police department. SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. t PASSED: By u ►Ni I If`tIOUS vote of all Council members present after being read by number and title only, this a-L day of ~-M )2007. 3~t6:~fl.l R-9 Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of , 2007. Craig D~ ksen, Mayor Approved as to form: City Attorney `~'1 a,~uh a~ av~~ Date Oadm~packet'07W7032Tgmffai ordinance.doc ORDINANCE No. 07- 02) Page 4 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 07-6~4 AN ORDINANCE ADOPTING FINDINGS TO GRANT A BALLOT MEASURE 37 WAIVER OF THE TIGARD DEVELOPMENT CODE MAKING SALES, SERVICE AND REPAIRS OF AUTOMOBILES, MOTORCYCLES AND OTHER LIGHT VEHICLES A NON-CONFORMING USE FOR THE 2.15 ACRES ON CASCADE BOULEVARD, SOUTH OF HIGHWAY 217(WCTM 1S135BA, TAX LOT 02800) AND ALLOW EXPANSION OF THE USE UNDER THE TIGARD DEVELOPMENT CODE IN PLACE AT THE TIME THE PROPERTY WAS ACQUIRED BY LANPHERE ENTERPRISES, INC. (MARCH 26, 1992) SUBJECT TO APPLYING FOR AND RECEIVING SITE DEVELOPMENT REVIEW APPROVAL (1\4372006-00003); TO THE EXTENT PERMITTED BY STATE LAW. WHEREAS, the voters of the State of Oregon passed Ballot Measure 37 in 2004; and WHEREAS, Ballot Measure 37 provides the responsible governing body to either pay compensation for reduced property value or waive the regulations where property is owned prior to the adoption of land use regulations; and WHEREAS, a claim was made by Lanphere Enterprises, Inc. in the amount of $1,404,810.00 as the net difference in the value of the property under the Tigard Development code ui place on March 26, 1992 ; and WHEREAS, Lanphere Enterprises, Inc. has owned the property since March 26, 1992 preceding the present zoning of Mixed Use Commercial (MUC) and the current development standards. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The attached staff report (Attachment 2) and applicant's materials (Attachment 3) are hereby adopted as findings. SECTION 2: A waiver from the MUC zoning and current development code requirements is hereby granted to Lanphere Enterprises, Inc. to allow expansion of the use of motor vehicle sales, service and repair; to the extent permitted by state law. Lanphere Enterprises, Inc. can be allowed to apply for Site Development Review under the code and zoning in place on March 26, 1992. Zoning was then Industrial Park (I-P). Once the property is developed, it may continue to be used for vehicle sales, service and repair, even if there are changes in ownership or tenants. Once Lanphere Enterprises, Inc. ceases to be the owner, however, any expansion or major modification beyond development applied for during this ownership shall be subject to the land use regulations in effect at the time of application. SECTION 3: This waiver applies to 10380 SW Cascade Avenue; WCTM 1 S135BA, Tax Lot 02800. SECTION 4: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. ORDINANCE No. 07- Page 1 PASSED: By U NYI't MOUS vote of all Council members present after being read by number and title only, this a-`2 day of ~:M aAK h- , 2007. C-- n--e_ ct~e .ems Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this c day of 2007. r Craig en, Mayor Approved as to form ty Attorney 92jal act Date ORDINANCE No. 07- dq Page 2 ATTACHMENT 2 Hearin Date: March 27, 2007 Time: 7:30 PM STAFF REPORT TO THE CITY COUNCIL FOR THE CITY OF TIGARD, OREGON 180 DAY CLAIM PROCESSING PERIOD = 5/28/2007 SECTION I. CLAIM SUMMARY FILE NAME: LANPHERE ENTERPRISES, INC. COMPENSATION CLAIM CITY CASE NO. Measure 37 Claim (M37) M372006-00003 CLAIMANT/ 1925Y10 here Enterprises, Inc. CLAIMANT'S Steve Morasch OWNER SW Canyon Rd. ATTORNEY: Schwabe Williamson & Wyatt Beaverton, OR 97005 700 Was in on St., Suite 701 Vancouver, WA 98660 CLAIM: The Claimant seeks a waiver of provisions of the Tigard Development Code making sales, service and repairs of automobiles, motorcycles and other light vehicles a non-conforming use for the subject parcel. Waiver is also requested of the req!,ard ations that prevent the claimant from expanding the existing use of the property. The ~Development Code allows expansions of lawfully pre-existing uses as long as the Washington Square Regional Center standards are substantially met or shows complete conformance. The amount claimed as compensation without such waiver is $1,404,810.00. AFFECTED REGULATION: The Claimant seeks a waiver of land use regulations that restrict expansion of the existing use. The applicant's supporting materials refer generally to Code sections found in 18.520 - Commercial Zoning Districts, 18.630 - Washmgton Square Regional Center, and 18.765 - Off Street Parking & Loading Requirements. Reference is also made to any Comprehensive Plan or Development Code amendments pursuant to the Washington Square Regional Center Plan and any provisions that restrict exansion of the exist' use. No specific code provisions are cited. Furthermore, the claimant- rovides no specific development plan. Because the compensation claimed is for loss of value resulting from restrictions on the existing use of ZONING vehicle sales, servicing and repair, staff has limited its review to expansion of that use. DESIGNATION: MUC: Mixed Use Commercial District. The MUC zoning district includes land around the Washington Square Mall and land immediately west of Highway 217. Primary uses permitted include office buildings, retail, and service uses. Also permitted are mixed-use developments and housing at densities of 50 units per acre. Larger buildings are encouraged in this area with parking under, behind or to the sides of buildings. LOCATION: 10380 SW Cascade Avenue; WCTM 1S135BA, Tax Lot 02800. APPLICABLE CODE CRITERIA: Municipal Code Chapter 1.20. SECTION II. STAFF RECOMMENDATION Staff recommends that the City Council review the following report and determine whether the claim is valid. Staff further recommends that City Council opt for a waiver of those standards dealing with the Washington Square Regional Center, expansion of existing uses, off-street parking minimum and maximums and commercial zoning districts. LANPHERE ENTERPRISES, INC COMPENSATION a-AIM STAFF REPORT (M37200&00003) PAGE 1 OF 6 CITY OOUNCIL HEARING MARCH 27, 2007 1, SECTION III. BACKGROUND The subject parcel is located on Cascade Avenue and south of Highway 217. It is currently developed with Beaverton Honda, which is a motorcycle/light equipment sales and repair business. In Aril 2000, through Ordinance 00-18, City Council amended the Tigard Comprehensive Plan and Development Code to include the Washington Square Regi nal Center (WSRQ Plan. Zoning of the subject property was changed from Industrial Park (I-P) to Mixed Use Commercial (MUCH : In April 2002, the City adopted Ordinance (Ord. 02-12) that implemented the WSRC Plan. Up until this point, application of the plan had been optional. The provisions of this ordrrnance, as it relates to the subject of the claim (expansion of an existing use), were not in effect at the time the subject property was acquired by the claimant on March 26, 1992. SECTION III. APPLICABLE CRITERIA AND FINDINGS Section 1.20.030 states a property owner wishing to make a claim against the City under Measure 37 shall first submit a claim to the City. A claim under Measure 37 must be in writing and include: A copy of all claim documents submitted by the claimant is attached as Attachment 3. A. Identification of the affected property. Identification may be by street address, subdivision lot number, tax lot number, or any other information that identifies the property. The claimant identifies the property as being located at 10380 SW Cascade Avenue; WCTM 1S135BA, Tax Lot 02800. B. The name and contact information of the person making the claim, the date the Claimant acquired the property, and, if applicable, the date that a family member of Claimant acquired the property and the names and relationships of family members that are previous owners. The name and address of the entity making the claim is Lanphere Enterprises, Inc., 12520 Canyon Road, Beaverton, OR 97005. Lanphere's representative is Schwabe, Williamson and Wyatt, 700 Washington Street, Suite 701, Vancouver, WA 98660. The Claimant's representative states the property was acquired by the claimant on March 26, 1992 and submitted a warranty deed dated March 26, 1992 92019213 Washington County) as evidence. The Claimant's representative submitted a title report dated October 13, 2006 showing Lanphere Enterprises, Inc. as the current owner. C. A list of all persons with an ownership interest in or a lien on the property. The title report identifies the claimant as the sole owner. D. Identification of the regulation that is alleged to restrict the use of the affected property and a statement describing how the restriction affects the value of the property. In a letter to the City dated November 28, 2006, Steve Morasch of Schwabe, Williamson and Wyatt, the Claimant's attorney, states that the City has rezoned the property and adopted zoning ordinances and Comprehensive Plan provisions that restrict the use and reduce the value of the property. The Claimant's representative identified Tigard Development Code (TDQ Section 18.520.030 and Table 18.520.1 which states sales, service and repair of automobiles, motorcycles and other light vehicles are not permitted within the MUC zone. The applicant alleges that these changes make the existing use non-conforming and prohibits or restricts any expansion of the existing use because WSRC standards must be substantially or completely met. LANPHERE ENTERPRISES, INC 00NIPENSATION CZA M STAFF REPORT (M372006-00003) PAGE 2 OF 6 CITY OOUNQL HEARING MARCH 27, 2007 E. A statement whether the Claimant prefers compensation or a waiver, suspension or modification of the regulation, and a statement describing the extent to which the regulation would need to be waived, suspended or modified to avoid the need for compensation. A description of the proposed use must be provided. The Claimant's representative states that a waiver of the land use regulations that restrict expansion of the existing use is preferred. The Claimant's representative has submitted a list of these regulations but also states that the claim also applies to any Comprehensive Plan amendment or zoning code amendment adopted pursuant the Washington Square Regional Center Plan and to Comprehensive Plan provisions that restrict expansion of the existing use. The list includes TDC Section 18.520 - Commercial Zoning Districts, TDC Section 18.630 - Washington Square Regional Center and TDC Section 18.765.020 & 070 - Off Street Parking. F. The amount claimed as compensation and documentation supporting the amount. The documentation shall include a market analysis, an appraisal, or other documentation at least equivalent to a market analysis. The claimant claimed $1,404,810.00 as compensation. Documentation supporting the amount was not submitted with this claim, but the Claimant's representative states that an appraisal can be provided. G. The name and contact information of the Claimant's authorized representative or representatives, if applicable. The Claimant's representative is Steve Morasch with Schwabe, Williamson, and Wyatt, 700 Washington Street, Suite 701, Vancouver, WA, 98660 (360-694-7551). Section 1.20.080 outlines the criteria for making a decision on the compensation claim. In deciding the claim, the Decision Maker may take any of the following actions: Deny the claim based on any one or more of the following findings: a. The regulation does not restrict the use of the private real property. The existing use was permitted under the zoning (I-P) in place at the time of acquisition. Under the current zoning (MUG the use is not permitted and therefore, becomes a non-conforming use. Because the property is located within the Washington Square Regional Center, expansions of non-conforming uses are permitted by TDC 18.630.030 - Pre-Existing Uses and Development within the Washington Square Regional Center Mixed Use Districts. Expansions up to 20% of the gross floor area are allowed provided the applicant demonstrates substantial compliance with all appropriate development standards of the WSRC code or if the purposes of the standards are addressed to the extent the expansion allows. Expansions that happen after using the 20% expansion shall conform to the development standards of the WSRC code. It is not known whether the applicant can meet the current WSRC standards without reviewing a development application. There is also a process (Design Evaluation Team - TDC 18.630.110) that provides for flexibility from the WSRC standards. b. The fair market value of the property is not reduced by the passage or enforcement of the regulation. The fair market value of the property could be reduced because the new code requirements include street improvements, right-of-way dedications, and design requirements for the site and building. Without reviewing a land use application, knowing whether there is an actual reduction is problematic. It is, however, possible there is a reduction just as it is possible the development following the WSRC standards will positively impact the fair market value. LANPHERE ENTERPRISES, INC ODNIPENSATION CLAIM STAFF REPORT "72006-00003) PAGE 3 OF 6 CITY COUNCIL HEARING MARCH 27, 2007 c. The claim was not timely filed. The claim was filed on November 29, 2006 which was within the deadline to file a claim two years after the passage of Measure 37. d. The Claimant is not the current property owner. A copy of the title report and deeds was provided by the applicant. Both show Lanphere Enterprises, Inc. acquired the property on March 26, 1992 as the Claimant's representative has stated. Lanphere Enterprises, Inc. Is the current owner. e. The Claimant or family member of Claimant was not the property owner at the time the regulation was adopted. In April 2000 the Tigard Comprehensive Plan, Development Code and zoning classifications were amended to include the Washington Square Regional Center. Application of the plan was optional until April 2002 when the plan was implemented. The Claimant was in possession of the property in 1992 and therefore, was owner at the time the challenged regulations were adopted. f. The regulation is a historically and commonly recognized nuisance law or a law regulating pornography or nude dancing. The Claimant's representative has focused on commercial use regulations and development standards that affect the existing use, which is now considered non-conforming. These standards are not related to nuisance law or law regulation pornography or nude dancing. g. The regulation is required by federal law. Design standards, off-street parking requirements and use regulations of the Tigard Development Code are not required by federal law. h. The regulation protects public health and safety. The Claimant's representative cites TDC standards and Comprehensive Plan policies related to Washington Square Regional Center, restrictions on the expansion of uses, and off-street parking minimums and maximums. None of these regulations are required to protect public health and safety. i. The City is not the entity responsible for payment. The City is not responsible if the challenged law, rule, ordinance, resolution, goal or other enactment was not enacted or enforced by the City. By adopting the Washington Square Regional Center standards, the City is implementing Metro's 2040 Growth Concept Plan. Still responsibility lies with the City. j. The City has not taken final action to enforce or apply the regulation to the property for which compensation is claimed. No detailed development plan or land use proposal has been reviewed or final action taken on to apply the challenged regulations. The City could deny the claim. The claimant then has the option of making application which then provides two years from the date of the decision to file a claim or to go directly to circuit court for a determination. k. The City has not established a fund for payment of claims under Measure 37. LANPHERE ENTERPRISES, INC 00WENSATTON CLAIM STAFF REPORT (M372006-00003) PAGE 4 OF 6 CITY ODUNCIL HEARING MARCH 27, 2007 No such fund has been established at this time. 1. The Claimant is not legally entitled to compensation for a reason other than those listed in subsections a through k. The basis for this finding must be clearly explained. Staff finds no other reasons, aside from those already listed, to deny the claim. 2. Pay compensation, either in the amount requested or in some other amount supported by the evidence. If the City pays compensation, the City shall continue to apply and enforce the regulation. Any compensation shall be paid from funds appropriated for that purpose. The City may require any person receiving compensation to sign a waiver of future claims for compensation under Measure 37 and the City may record that waiver with the County Recorder. The City Council will need to make a determination of whether funds may be appropriated to pay any valid claim. To pay an alternative monetary claim would require an appraisal of the impact of the regulations and there is no way to determine how that alternative would relate to this claim. 3. Waive or not apply the regulation to allow the owner to use the property for a use permitted at the time the Claimant acquired the property. The City Council shall decide whether to pay the claim or waive the regulation. Staff recommends that should a waiver be granted, it shall run with the person, not the land, and shall be a specific exemption to those standards dealing with Washington Square Regional Center, expansion of existing uses, off-street parking minimum and maximums, and commercial zoning districts. 4. Modify the regulation so that it does not give rise to a claim for compensation. Any such modification shall be for the specific property only unless the City follows the procedure for a legislative land use decision. Waiving current regulations and allowing the applicant to apply under the standards in place at the time the property was acquired will eliminate the restrictions now on the properties use and value. 5. Conditionally waive or suspend the regulation subject to receipt of a defined amount of contributions toward compensation by a specified date from persons opposed to the waiver or suspension, such as persons who believe they would be negatively affected by waiver or suspension, with the waiver or suspension being granted if the defined amount of contributions is not received by the specified date. If the contributions are received, compensation shall be paid within 180 days of the date the claim was filed. The specified date shall allow the City time to process the contributions and pay compensation. No contributions for compensation have been identified at this time. The Decision Maker may take other actions it deems appropriate in individual circumstances, may modify the listed actions, and/or may combine the listed actions, consistent with Measure 37. The Decision Maker may negotiate an acceptable solution with the Claimant or may direct staff to negotiate with the Claimant. In the event that the Decision Maker directs staff to negotiate, the matter shall be set for further action by the Decision Maker no less than 175 days from the date of the notice of claim became complete. The Council shall take final action within 180 days of the claim. The Decision Maker shall take actions 2 through 5 only if it determines the claim is valid. LANPHERE ENTERPRISES, INC COMPENSATION CLAIM STAFF REPORT (M37200600003) PAGE 5 OF 6 QTY COUNCIL HEARING MARCH 27, 2007 s Staff recommends waiver of the current regulations affecting expansion of an existing non-conforming use, development within the Washington Square Regional Center, and minimum/maximum parking requirements. The claimant should file a development application and apply according to all regulations in place at the time the property was acquired (March 26, 1992). A decision by a Decision Maker other than Council shall not be a final decision, but shall be a recommendation to Council. This report represents only a recommendation to the City Council and is not the final decision of the City. SECTION IV. CONCLUSION Staff finds that the code amendments related to Washington Square Regional Center could restrict the development of the parcel in question. Waiver of current regulations is suggested. The claimant can be allowed to apply under the code and zoning in place on March 26, 1992. The main differences being that the property was zoned Industrial Park (I-P) rather than Mixed Use Commercial (MUG), Vehicle Sales and Repairs were permitted uses in the zone and there were no site and building design standards specific to the Washington Square Regional Center. The Council should decide whether to pay compensation, waive applicable regulations, or deny the claim based on Measure 37, taking into account the code provisions listed above. An ordinance specifically waiving the existing code requirements to the standards in place on March 26, 1992 has been prepared for Council consideration. March 12, 2007 PREPARE BY: Cheryl Caines DATE Assistant Planner March 12, 2007 APPROVED BY: Dick Bewersdorf DATE Planning Manager LANPHERE ENTERPRISES, INC COMPENSATION CLAIM STAFF REPORT (1\1372006-00003) PAGE 6 OF 6 CITY OOUNCIL HEARING MARCH 27, 2007 CITY of TIGARD H / GEOGRAPHIC INFORMATION SYSTEM VICINITY MAP W L ~ M372006_00003 ,s LANPHERE ENTERPRISES MEASURE 37 CLAIM OG a 1y o / LEGEND: LOCUST 10 SUBJECT D / SITE \ YYY \ - 1A i--- 7 - RI ~SE/' I`I J Y ~^;ir7 I H \R;J' T, GUk Ut FF B<NU d _51AM_..._L HU V L1 1 I Tigard Area Map ' a • o~ N -J a 0 100 200 300 400 500 Feet Lu E- Y N (r > 1"= 487 feet WINDSO 0J a WINDSOR PL C~ I Information on this map Is for general location only and Should be verified with the Development Services Division. 13125 SW Hall Blvd L = og Tigard, OR 97223 X I j (503) 6394171 co \ _ L ¢ TT http9/-.cl.tigard.or.us Community Development Plot date: Feb 2. 2007: C:\maaic\MAGIC03.APR Agenda Item No. V, Meeting of 271M - A 7, ~®CD~ GDUN(11, AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Consider a Resolution Appointing Jason Ashley, Scott Bernhard Kim Leinberger and Jason Rogers as Members, and Appointing Vernon Cooke as an Alternate Member, to the Park and Recreation Advisory Board Prepared By: Dennis Koellermeier' Dept Head Approval: City Mgr Approval: C2 ISSUE BEFoRE THE CovNaL Shall the City Council approve a resolution appointing Jason Ashley, Scott Bernhard, Kim Leinberger and Jason Rogers as members, and appointing Vernon Cooke as an alternate member, to the Park and Recreation Advisory Board.) STAFF RECOMMENDATION Adopt the resolution. KEY FAm AND INFORMATION SummARY There are currently four vacancies on the Park and Recreation Advisory Board (DRAB). On March 5, 2007 the Mayor's Appointment Advisory Committee interviewed candidates who had expressed an interest in serving on the PRAB. Based on the Committee's recommendations, the resolution before the City Council would accomplish the following PRAB appointments: ■ Appoint Jason Ashley to his first full term which will expire on June 30, 2010. On September 23, 2003, Jason Ashely was originally appointed to complete the unexpired term of Kristin Gaston; that term expired on December 31, 2006. ■ Appoint Scott Bernhard to a second term to expire on June 30, 2010. ■ Appoint Kim Leinberger to fill the unexpired term of Carl Switzer. This term expires on December 31, 2007. Mr. Switzer resigned in August, 2006 and Kelly Johnson was appointed to complete his unexpired term. Ms. Johnson resigned in December, 2006. ■ Appoint Jason Rogers to complete the unexpired term of Shelly Richards. This term expires on December 31, 2007. Ms. Richards resigned in February, 2007. ■ Appoint Vernon Cooke to his first term as an alternate member. His term will expire on June 30, 2009. Chapter 2.12 of the Tigard Municipal Code ('I'MC), entitled Paris and Recreation Advisory Board, states that the terms of office for Board members are to expire on June 30. In the past, some Board members were appointed to terms which concluded on December 31 rather than June 30. As new terms are issued, expiration dates are being adjusted to the June 30 date in order to comply with the TMC. OTHER ALTERNATIVES CONSIDERED Do not approve the resolution and provide staff with direction on some other course of action. CrIY COUNCIL GOALS None ATTACH MINI' LIST 1. Resolution 2. Appointee Background Information FYSCALNOM There are no costs associated with this action. PARK AND RECREATION ADVISORY BOARD RECOMMENDED APPOINTEE BIOGRAPHICAL INFORMATION Tigard City Council Meeting March 27, 2007 Jason Ashley has served on the Park and Recreation Advisory Board since September, 2003 and is recommended for reappointment. He has a Bachelor of Science in Business from Portland State University. Ashley has lived in Tigard for 5 years and has volunteered with Portland Campfire. Scott Bernhard has served on the Park and Recreation Advisory Board since July, 2003. He is also recommended for re-appointment. He is employed as a Chiropractic Physician at several locations in Washington County. Bernhard has lived in Tigard for 23 years and has volunteered with Tigard Rotary, Tigard Youth Football, and the Association of Northwest Steelheaders among other organizations. Kim Leinberger is recommended to serve on the Park and Recreation Advisory Board. She has an Associate Degree in Hospitality, Tourism and Restaurant Management in addition to a Bachelor Degree in Healthcare Administration. Leinberger is currently employed as an independent agent with AFLAC Insurance. She has lived in Tigard for 11 years and has served as Vice President for the Tigard Recreation Association. Jason Rogers is recommended to serve on the Park and Recreation Advisory Board. He is currently employed as a Manager with Metro West Ambulance. Rogers has lived in Tigard for the past 6 years and has served as the President of the Summerlake Homeowners Association. Vernon Cooke is recommended for appointment to the Park and Recreation Board alternate position. He is currently employed as a Business Manager with Electro Scientific Industries. Cooke has lived in Tigard for 4 years. 017 Agenda Item # l1, 3 Meeting Date March 27, 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Tide Appointments to the Planning Commission Prepared By: T. Coffee Dept Head Approval: ' City Mgr Approval: 0i ISSUE BEFORE THE COUNCIL Should Council appoint Matthew Muldoon, Karen Fishel, and Stuart Hasman as voting members to the Planning Commission? Should Council appoint Sondra Carroll as an alternate to the Planning Commission? STAFF RECOMMENDATION Staff recommends appointing Matthew Muldoon, Karen Fishel, and Stuart Hasman as voting members to the Planning Commission and appointing Sondra Carroll as an alternate to the Planning Commission. KEY FACTS AND INFORMATION SUMMARY There are currently 3 vacancies on the Planning Commission, as well as. a vacant alternate position. The newly appointed Planning Commissioners will be filling unexpired terms of former Planning Commissioners - two terms will expire December 31, 2008; one term will expire December 31, 2007. Matthew Muldoon, Karen Fishel, Stuart Hasman, and Sondra Carroll applied for Planning Commission seats. They were interviewed by the Mayor's Appointment Advisory Commission and were recommended to fill current vacancies on the Planning Commission. OTHER ALTERNATIVES CONSIDERED None CITY COUNCIL GOALS Improve Council communications with Tigard Citizens. ATTACHMENT LIST Attachment 1: Proposed resolution appointing Matthew Muldoon, Karen Fishel, and Stuart Hasman as voting members to the Planning Commission and appointing Sondra Carroll as an alternate to the Planning Commission. Attachment 2: Biographical Information FISCAL NOTES N/A PLANNING COMMISSION RECOMMENDED APPOINTEES BIOGRAPHICAL INFORMATION On March 27`", Matthew J. Muldoon, Karen Fishel, and Stuart Hasman will be recommended for appointment as voting members of the Tigard Planning Commission. Also on March 27`", Sondra Carroll will be recommended for appointment as a non-voting alternate to the Tigard Planning Commission. Matthew Muldoon is employed as the Executive Director of Accelerated Rate Bureau Inc. and President of Muldoon Enterprises Inc. He earned a Bachelor of Arts from the University of Chicago and expects to graduate with a Masters in Business Administration from Portland State University in 2007. He has lived in Tigard for 13 years and has volunteered on the Police Citizen Review Committee. Karen Fishel is currently employed as a Project Manager / Designer with Anderson Krygier, Inc. Fishel earned an Associate of Science from Portland Community College and an Associate of Interior Design from Bassist College. She has lived in Tigard for 4'/z years. Stuart Hasman is currently serving as President of Empire Uniform and FIASCO. Hasman graduated from Portland State University with a Bachelor of Science in Communications. He has lived in Tigard for 6 months and has served on several boards in the business community. Sondra Carroll is currently retired and has lived in Tigard for 18 years. Previously, Carroll was involved with Youth Coordinating Council - Southern California, Rainbow Girls and Southern California Forensic Association. Agenda Item # 1.4 V Meeting Date 3/27/2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Approve Settlement Agreement to Resolve Measure 37 Claims (M372006-00009 and M372006-00008) Prepared By: Emily Eng Dept Head Approval: 79 City Mgr Approval: ei!e LI&J ISSUE BEFORE THE COUNCIL Based on the previous study session on this topic, Council shall determine whether to approve a settlement agreement between the City of Tigard and Pasquale Pascuzzi to resolve two Measure 37 claims. STAFF RECOMMENDATION Approve the settlement agreement and authorize the City Manager to sign the agreement on behalf of the City. KEY FACTS AND INFORMATION SUMMARY Key facts and information were discussed in the study session prior to this consent agenda item. Below is a brief summary: On December 7, 2004, Pasquale Pascuzzi was served with a code violation notice (case numbers CE02004-00387 and CE02004-0387A) for converting a single-family home to an office building without an approved Site Development Review. On December 4, 2006, Mr. Pascuzzi filed two Measure 37 claims on behalf of his companies, Gabriel Investment, LLC, and Pascuzzi Investment, LLC. Staff concluded that there are reasons to both approve or deny the claims, but that the core issue to resolve was the code violation. Instead of processing the Measure 37 claims, staff concluded that the timliest and least costly way for the City to settle the issue would be through an agreement. Under the agreement, the City would suspend the code violation until the affected properties develop in the future, at which point Mr. Pascuzzi has agreed to meet standards in place at the time of filing the Measure 37 claims. Mr Pascuzzi will withdraw the two claims and be refunded the fee of $1,000 per claim. OTHER ALTERNATIVES CONSIDERED Not approve the settlement agreement and resume processing the two Measure 37 claims. Approve or deny the claims at a public hearing by 5/22/2007 (last City Council hearing before the 180-day deadline of 6/2/2007). CITY COUNCIL GOALS N/A ATTACHMENT LIST Attachment A: Settlement Agreement FISCAL NOTES None. k tig20VnetpubW020\wwwrootVoms\fom doestcouncil agenda item summary sheet 07.doe CITY OF TIGARD, OREGON PASCUZZI SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT BETWEEN THE CITY OF TIGARD AND PASQUALE PASCUZZI, OWNER OF GABRIEL INVESTMENT, LLC, AND PASCUZZI INVESTMENT, LLC, IS EXECUTED ON THIS DAY, , a [Dn'7 TO RESOLVE MATTERS INVOLVING PROPERTY OWNED BY GABRIEL INVESTMENT, LLC, AND LOCATED AT 11535 AND 11555 SW TIEDEMAN AVENUE. RECITALS: The City of Tigard served Gabriel Investment, LLC, with a notice of violation at 11535 and 11555 SW Tiedeman Avenue in December 2004 (case numbers CE02004-00387 and CE02004-0387A) for violating the City's Development Code by converting a single-family home to an office building without an approved Site Development Review. On December 4, 2006, Pasquale Pascuzzi filed two Measure 37 claims on behalf of his companies, Gabriel Investment, LLC, and Pascuzzi Investment, LLC, concerning the properties at 11535 and 11555 SW Tiedeman Avenue (case number M372006-00009) and 10250 SW North Dakota Street (case number M372006-00008), requesting the City of Tigard to waive or suspend any and all City regulations in its Comprehensive Plan, Community Development Code and Transportation System Plan imposed on the subject properties after acquisition by the owners. THEREFORE, IN CONSIDERATION OF THE MUTUAL BENEFIT OF A FAIR AND TIMELY RESOLUTION OF THIS MATTER BOTH PARTIES AGREE TO THE FOLLOWING SETTLEMENT TERMS: SECTION 1. The City of Tigard shall permanently rescind the above referenced violation issued at 11535 SW Tiedeman Avenue and 11555 SW Tiedeman Avenue and pledge that no further action be taken or be required by Gabriel Investment, LLC, relative to existing development to satisfy regulations in the City's Comprehensive Plan, Community Development Code, Transportation System Plan and/or Municipal Code, thereby having no reason to enforce any regulations on behalf of Clean Water Services or Washington County. SECTION 2. Gabriel Investment, LLC, and Pascuzzi Investment, LLC, shall withdraw their Measure 37 claims (M372006-00009 and M372006-00008, respectively) and pledge to comply with all applicable regulations in place at the time the Measure 37 claim was filed (December 4, 2006) in the City of Tigard's Comprehensive Plan, Community Development Code, Transportation System Plan and/or Municipal Code, as well as regulations enforced on behalf of Clean Water Services or Washington County, when redevelopment occurs on the subject properties. SECTION 3. The City of Tigard shall refund Gabriel Investment, LLC, and Pascuzzi Investment, LLC, the fee of $1,000 for each Measure 37 claim. Page 1 of 2 SECTION 4. Gabriel Investment, LLC, expects redevelopment of their properties at 11535 SW Tiedeman Avenue and 11555 SW Tiedeman Avenue to occur when existing leases on the properties terminate; however, the redevelopment shall be at the sole discretion of Gabriel Investment, LLC, at a time of its choosing and upon careful evaluation of future financial and market conditions. Moreover, Gabriel Investment, LLC, as well as Pascuzzi Investment, LLC, shall work with the City and Community Development staff to develop their properties in a way that is consistent with the regulations in place at the time the Measure 37 claim was filed (December 4, 2006) and mutually beneficial to the community and owners. SECTION 5. This agreement is effective upon approval by City Council. CITY OF TIGARD B STMENT, LLC A NI Oo Tom Coffee Pas u zi Community Development Director Man Bing Member CITY ASC VESTMENT, LLC Zao Craig P sser Pas ua c City Manager Managing b APPROVED BY ?TY jCrNCIL: Crai irksen Mayor Page 2 of 2 Agenda Item # Meeting Date 3/27/07 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Transportation and Growth Management Grant Application for Pathway Study Prepared By. Duane Roberts Dept Head ApprovaL City Mgr Approvah ISSUE BEFORE THE COUNCIL Shall Council approve a resolution authorizing the submittal of a Transportation and Growth Management (TGM) grant application for the preparation of a multi-modal pathway plan) STAFF RECOMMENDATION Staff recommends Council approve the resolution authorizing submittal of the grant proposal. KEY FACTS AND INFORMATION SUMMARY The TGM Program is a joint program of the Oregon Departments of Transportation and Land Conservation and Development. Up to $5 million will be available for grants to local jurisdictions during the 2007-09 biennium for transporation and land use planning activities. Eligible transportation planning activities include, "planning for transportation facilities that result in a balanced, multi-modal system that addresses and accommodates a range of transportation needs, including bicycle/pedestrian pathways." A proposed multi-modal pathway project is one of two projects identified by staff as. meeting TGM eligibility requirements and also as carrying out Council Goals. The other is a transportation system plan, or TSP, update. The TSP project is the subject of a separate agenda item at the 3/27/07 Council meeting. The pathway project focuses on identifying, evaluating, and setting priorities for short pathway connections to provide for more direct travel within the Qty. These are primarily off-street, off green-way, trail connections but may connect to these networks. The objective of the project is to identify potential pathways in an attempt to increase connectivity and options for the use of non-auto modes by residents. The project will focus on potential paths that would improve the convenience of daily trips to school, work, and shopping areas. This includes reducing out of direction travel at least one-fourth mile, extending pathways to provide more access, providing critical connections between two existing pathways that currently have gaps, and providing short-cuts between two streets. Connections designed for pedestrians and cyclists that are direct, convenient, and safe may decrease trip length sufficiently to cause some residents to substitute walking or cycling for longer, more circuitous driving trips. The anticipated outcome of the project is a prioritized list of short pathway improvements. The pathway plan will be prepared by a consultant hired by the City through a competitive process and will include extensive public participation. The grant request of $50,000.00 will be used to pay for the consultant. A proposed local match of $9,000.00 will be in the form of staff time and materials, with no City cash required. I:\LRPLN\Council Materials\2007\3-27-07 TGM Multi-Modal Pathways AIS.doc Page I of 2 Finance Department review of the grant application was underway as of March 12, 2007. OTHER ALTERNATIVES CONSIDERED None considered. CITY COUNCIL GOALS Tigard City Council Goal No. 3 calls for the City to aggressively pursue funding to correct traffic congestion within the City. ATTACHMENT LIST Attachment No. 1: A resolution authorizing the submittal of a transportation growth management program grant proposal to finance preparation of a multi-modal pathways plan. FISCAL NOTES The estimated cost of the project is $59,000.00. The proposed grant request is $50,000.00. The remaining $9,000.00 will be a local in-kind contribution of City staff time No hard matching dollars are proposed. If selected for funding, the grant dollars would be available in FY 2007-08. The project funds would stay in ODOT's budget and the grant would be administered by ODOT, rather than the City. l:ALRP]..N\Council Materials\2007\3-27-07 TGM Multi-Modal Pathways AIS.doc Pagc 2 of 2 Agenda Item # Meeting Date March 27, 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Transportation and Growth Management UGH Grant Application Submittal for the Tigard portation Plan Update Prepared By. Darren Wyss Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL Should the City Council approve a resolution endorsing the submittal of a Transportation and Growth Management (TGM) grant application for updating the Tigard Transportation System Plan (BP)? STAFF RECOMMENDATION Approval, by motion, of the attached resolution endorsing submittal of the application. KEY FACTS AND INFORMATION SUMMARY 1. TGM grants help local governments develop transportation system plans and plan updates and ordinances that implement the Transportation Planning Rule and the 1999 Oregon Highway Plan. 2. The current City TSP was adopted in January 2002, but was developed based on data from 1999 or earlier. 3. Current and recent projects will have future impacts upon the transportation system within the City. This includes the Highway 99W Corridor Improvement and Management Plan, the Tigard Downtown Improvement Plan, the update of the Comprehensive Plan, development within the Tigard Triangle, Metro's update of the Regional Transportation Plan, the Highway 217 Corridor Study, Westside Commuter Rail, and the I-5 to Highway 99W Connector Study. 4. The City Comprehensive Plan is eligible for Periodic Review in July, 2007, and the Tigard TSP Update will allow the City to update transportation related goals/policies/action measures and comply with Transportation Planning Rule (TPR) 660-012-0055 (Timing of Adoption and Update of Transportation System Plans; Exemptions), Section 5, regarding TSP updates. The section states that "cities and counties shall update their TSPs and implementing measures as necessary to comply with this division at each periodic review subsequent to initial compliance with this division." 5. The TPR also mandates that the City must amend its TSP to be consistent with an adopted regional transportation system plan within one year of the update's adoption. Metro is currently completing the Regional Transportation Plan, and completion is expected in summer, 2007. 6. The proposed TGM grant would contribute to helping achieve four of the five 2007 City Council Goals. Goals 1 and 2 directly relate to land use, which in turn influences the transportation system Goal 3 seeks funding to correct traffic congestion and the project would require involvement with various agencies, which is the subject of Goal 4. The TGM Program is a joint program of the Oregon Department of Transportation (ODOT) and the Oregon Department of Land Conservation and Development (DLCD). It is funded with federal Safe, Accountable, Flexible, I:\LRPLN\Council Materials\ 2007\3- 27-07 TGM Grant AIS.doc Page I of 3 Efficient Transportation Equity Act: A Legacy for Users (SAFETEA LLB and State of Oregon funds. For the last 14 years the TGM program has provided resources to help Oregon communities prepare transportation and land use plans to respond to pressing transportation-related growth management issues. Pending legislative approval, up to $5 million will be available for grants to local jurisdictions for the 2007-2009 biennium In May, 2007, successful applicants will receive notice of a grant offer. The successful applicant and a TGM grant manager will prepare a statement of work, select a consultant (as appropriate), and complete an Intergovernmental Agreement by a negotiated deadline. Grantees are responsible for providing a match of 11% or more of the total cost of the project. This may be in the form of cash or staff time and direct project expenses. The deadline for submitting a TGM grant application for the 2007-2009 biennium was March 9, 2007. To allow jurisdictions sufficient time for their governing bodies to schedule official action, letters of support from City leaders could be submitted after the application deadline. To meet the application deadline and ensure that the City would be in contention for the grant funding, the Tigard TSP Update grant application was submitted on March 9, 2007. The requested grant amount of $150,000 will be used to pay a consultant and other eligible costs. Staff time and materials will satisfy the required 11% match. If Council approves the resolution, it will immediately be transmitted to the TGM program director. If Council chooses not to approve the resolution, the application will be withdrawn. The 2007-2009 Biennium is a critical funding period for this project. The City is in the process of updating its Comprehensive Plan and will be eligible for periodic review in July, 2007. As staff gathered data to support Comprehensive Plan goals and policies, a need to update the Tigard TSP became readily apparent. Although the Tigard TSP was adopted in January, 2002, the data contained in the TSP dated to 1999 or before. This issue needs to be addressed as annexations, new development and planning efforts have changed the transportation landscape since 1999. City residents have also consistently ranked traffic congestion as a top concern in various surveys and City Council has made it a goal to aggressively pursue funding to correct traffic congestion within the City. The Tigard TSP Update project will review the existing TSP to evaluate what needs to be retained, add any elements that may be needed to reflect changes since 1999, and help to ensure compliance with Statewide Planning Goal 12 during the Periodic Review Process. The project will also comply with the Transportation Planning Rule requirement of local TSP updates within a year of a Metro Regional TSP update, and incorporate the results from other transportation planning projects. An updated TSP will also accommodate any proposed land-use changes resulting from the implementation of the Downtown Improvement Plan and the City's in-progress Comprehensive Plan Update and impending Periodic Review. Due to the late notification of available TGM grant funds and the impending deadline, the Tigard TSP Update application was unable to follow the City of Tigard grant application procedures. The City Manager was aware of the situation and approved of the "tentative" submission, while requiring an immediate resolution to be taken to Council and adherence to the required review process found in the grant application procedures. OTHER ALTERNATIVES CONSIDERED Pull the submitted TGM grant application from consideration for funding. CITY COUNQL GOALS 1. Comprehensive Plan a. Updating the blueprint for the City b. Public Input L•\LRPLN\Councd Materials\2007\3-27-07 TGM Grant AIS.doc Page 2 of 3 2. Continue to Support Implementation of the Downtown Plan a. Pursue funding for projects b. Prepare for business/developer recruitment c. Promote Tigard identity d. Promote community fabric in the downtown i. Business development ii. Public Square iii. Farmers Market iv. Arts & Culture 3. Aggressively pursue funding to correct traffic congestion within the City a. Seek funding for 99W improvements b. Support the I-5 Connector c. Support Hwy 217 funding 5. Increase Tigard's involvement with Washington County, Metro, State, ODOT, Tri Met, and Federal government. ATTACHMENT LIST Attachment 1: Resolution FISCAL NOTES The proposed grant request is $150,000. There is a required match by the City of 11%, which can be covered byin- kind contributions of City staff time and materials. From a budgetary standpoint, the TGM grant program does not involve transfer of funds to recipients. ODOT maintains financial control of funds and is responsible for payments to contracted consultants. The relationship of jurisdictions to ODOT and their responsibilities to work toward completion of approved projects are spelled out in detailed intergovernmental agreements. C\DOCUME -1\ron\LOCALS -1\Temp\3-27-07 TGM Grant AIS.doc Page 3 of 3 Agenda Item # t~ o Meeting Date March 27, 2007 LOCAL CONIRACI' REVIEW BOARD AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Award a Contract for the Construction Phase of the Water Building Renovation Prepared By: Brian Rageer U===- Dept Head Approval: City Mgr Approval: AIM IssUE BEFORE THE LocAL CONixAcr REVIEW BOARD Shall the Local Contract Review Board (LCRB) award the contract for the construction phase of the water building renovation to Centrex Construction, Inc. and authorize staff to complete and execute the contract? STAFF RECOMMENDATION Award the contract. KEY FACTS AND INFORMATION SUMMARY ■ On July 18, 2006, the City Council heard a presentation on the water building renovation and relocation of Public Works staff to that building. The renovation project would Make way for one of the first urban renewal projects by providing a work space for staff currently housed in the Public Works' Annex. This building is slated for demolition as part of the Ash Drive/Burnham Street urban renewal project. Consolidate administrative staff in a single building. Get the City one step closer to vacating the public works office/operations complex. The site of this complex has been earmarked for future urban renewal projects. Allow the City to make good use of a partially vacant, modern facility. ■ On August 8, 2006, the Council approved Budget Amendment #3 to the FY '06/'07 budget which funded the water building renovation project. ■ On October 24, 2006, the Council awarded a contract to LRS Architects for the design phase of the water building renovation. Construction is the next phase of the renovation. The following eight bids met all bidding requirements: Engineers Estimate $425,000 Interwest Construction Inc. $451,069 Emerick Construction Co: $456,568. First Cascade Corporation $490,059 Brockamp and Jaeger, Inc. $455,289 Bourke Construction Inc. $433,487 Jaeger and Erwert General Contractors, LLC $432,200 Centrex Construction Inc. $386,136 Cedar Mill Construction Company $413,000 The lowest responsive bid of,$386,136 was submitted by Centrex Construction Inc. Staff recommends the LCRB award the contract to Centrex Construction Inc. OTHmALTFRNNATArEs CONSIDERED The LCRB could choose not to award the contract to Centrex Construction Inc. and could direct staff on how to proceed with the renovation/relocation project. Such a decision would delay the Ash Avenue/Burnham Street urban renewal project, since staff occupying the Annex must be relocated prior to the construction the new intersection. CrrY COUNCIL GOALS Goal #2 - Continue to Support Implementation of the Downtown Plan ATrACHMF NT LLST None FIscALNOTES A FY'06/ '07 budget amendment was approved by the Council which provided $630,000 for the renovation project. Of this $630,000, costs for the design phase of the project are approximately $60,000. With the construction bid of $386,136, staff is confident the remaining balance will be sufficient to cover the other expenses associated with the renovation, such as furniture, moving expenses and contingencies. Funding for the project is being divided among the Water, Sanitary Sewer and Storm Water Funds. V- ; t Agenda Item # Meeting Date March 27, 2007 LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Contract award for bulk mailing services. n Prepared By: Joe Barrett Dept Head Approval: !N'a City Mgr Approval: ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD Shall the Local Contract Review Board award a contract for bulk mailing services to Bend Mailing Services? STAFF RECOMMENDATION Staffs recommends the Local Contract Review Board award a contract for bulk mailing services to Bend Mailing Services and authorize staff to take all necessary steps to execute the agreement. KEY FACTS AND INFORMATION SUMMARY The City currently provides water, stormwater management, and sanitary sewer services to the residents of Tigard, Durham, King City, and the unincorporated areas of Washington County surrounding these cities. Billing for these services, along with the City's Street Maintenance Fee, is conducted on a bi-monthly basis and generate an estimated 115,000 bills annually. For the past several years, the City has contracted with Garten Mailing Services, a state-certified Qualified Rehabilitative Facility (QRF) for the mailing of the utility bills. Garten has made the decision to largely move out of the Portland Metro business market, leaving the City without a mailing services vendor. At the same time, the decision was also made to move the City's utility bill mailing to amore efficient and cost effective process. Under the terms of this new contract, the utility bills will be transmitted electronically to the mailing service, which will print and mail the bills. This process will save the City an estimated $6,000 annually in printing costs. As there are no other QRF vendors that provide the required services, staff initiated a Request for Proposal for the services on February 26, 2007. Two responses were received, reviewed, and scored on the following criteria: • Firm's Qualifications & Experience, • Project Understanding & Approach, • Services & Flexibility, and • Pricing After the review and scoring was completed, Bend Mailing Services has been determined by staff to have the proposal that best meets the City's needs and is staff's recommendation to received the contract to provide bulk mailing services to the City. OTHER ALTERNATIVES CONSIDERED None. CITY COUNCIL GOALS None. ATTACHMENT LIST None. FISCAL NOTES The estimate annual cost of this contract is $35,000 and the contract may be extended to five years. The contract will be expensed through the Financial Operations budget. \\tig20\inetpub\dg2O\wwwmot\fonns\fom doaVcrb agenda item summary sheet 07.doc Agenda Item # Is Meeting Date 03/27/07 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Approval of -Jaywalking Ordinance p Prepared By: Bill Dickinson Dept Head Approval: 6L-( Al City Mgr Approval: lJ~ ISSUE BEFORE THE COUNCIL Should the City Council approve a new jaywalking Ordinance? STAFF RECOMMENDATION Staff recommends approving the jaywalking Ordinance. KEY FACTS AND INFORMATION SUMMARY At the November 28, 2006, City Council meeting, a new jaywalking ordinance was offered for consideration. The purpose of the ordinance is to enhance safety through the reduction of car vs. pedestiran accidents. Council directed staff to revisit several issues, and a revised version of the ordinance was presented on February 27, 2007. Revision included reducing the distance for compulsory use of a crosswalk and established a clearly defined rule for citizens to follow when not within 100 feet of a crosswalk. OTHER ALTERNATIVES CONSIDERED Do not consider passing a jaywalking Ordinance. CITY COUNCIL GOALS N/A ATTACHMENT LIST Attachment A - Jaywalking Ordinance. FISCAL NOTES N/A \\Ug20\inetpub\dg2O%wwwroot\forms\form dots\munal agenda item summary sheet 07.doc Agenda Item # Meeting Date 3-27-07 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Proposed Graffiti Ordinance for Approval by Council Prepared By: Chief Bill Dickinson Dept Head Approval: 17 City Mgr Approval: ISSUE BEFORE THE COUNCIL Shall the City Council approve a new Graffiti ordinance. STAFF RECOMMENDATION Staff recommends that Council approve the proposed Graffiti ordinance. KEY FACTS AND INFORMATION SUMMARY Recently there has been an increase in citizen complaints regarding graffiti in Tigard. To address the increase in graffiti, the Police Department has proposed a new Ordinance. A presentation to City Council on February 27, 2007, provided a look at the increased rates, including the incidence of gang graffiti, as well as an increase in hate crime graffiti that has been associated with some of our recent incidents. Following these presentations, Council directed staff to prepare an ordinance to provide a procdure for removal of graffiti from buildings, walls and other structures in order to reduce social and economic deterioration within the City and to promote public safety and health. The Police Department looked at the ordinances in place in the cities of Portland and Tualatin and developed an a graffiti ordinance, with assistance from the City Attorney. The proposed ordinance encourages compliance and ultimately gives us an effective tool for gaining compliance by property owners. OTHER ALTERNATIVES CONSIDERED Take no action. CITY COUNCIL GOALS None. ATTACHMENT LIST Attachment A - Graffiti Ordinance. Attachment B - Memo from City Attorney. FISCAL NOTES There is no cost to the City as a result of this ordinance. \Vig20Nnetpuh\tig2Mwwwroot\famsVo m dots%council agenda item summary sheet 07.doc ATTACHMENT B RAMIS CREW CORRIGAN, Lip ATTORNEYS AT LAW 1727 N.W. Hoyt Street Portland, Oregon 97209 (503) 222-4402 MEMORANDUM Fax: (503) 243-2944 TO: Mayor and City Council FROM: Timothy V. Ramis, City Attorney DATE: March 15, 2007 RE: Proposed Graffiti Ordinance The proposed ordinance to regulate graffiti in the city will amend the municipal code by adding a new section to Chapter 7.40 Nuisances, under Article III Nuisances Affecting Public Safety. As drafted, the ordinance would allow the Police Department to use Community Service Officers to enforce the new regulations. The procedures established by the graffiti ordinance will be applied in conjunction with other applicable procedures in Chapter 1.16 Civil Infractions. Graffiti in the What is Graffiti? ►According to ORS 164.381, graffiti is defined City of Tigard as "Any inscriptions, words, figures or designs that are marked, etched, scratched, drawn, painted, pasted or otherwise affixed to`the surface of the property" Presented by the Tigard Police Department' Mtge , Graffiti in Tigard Gang Graffiti Reports went up from 243 in 2005 to 291 ►14% to 22% - 2005 to 2006 in 2006 ►Gang graffiti is one way gang members 9, At least 1090 tags recorded within the 291 communicate with each other reports ►Most of the gang graffiti currently seen in Tigard is done by Hispanic or Latino/Latina 0 In the first 82 days of this year, we documented 126 cases; 29 of those being W persons gang related (23%) Ve have recently seen X3 (13th), BPS (Brbivr Pride Surenos) and SSC (South Side Criminals) Examples of Gang Graffiti Tugger Graffiti Tagger graffiti is the most prevalent i, type in Tigard. It may be simple line- letters, or elaborate, co lorful designs Taggers may travel or associate with f a "crew" whose members may all use I one tag, as opposed to formal a membership in a gang i 1 Publicity Graffiti Roll Call Graffiti Threatening Graffiti Territorial Graffiti _ _ ~ sir r■~r f 41 White Supremacist Graffiti Where is the graffiti occurring? • Occasionally, significant acts of graffiti occur in an isolated area or neighborhood, i.e. Fanno Creek Dr • Currently we are experiencing elevated amounts of graffiti in the Bonita Park area, in the southeast area of the City and around the downtown area The Tigard Library also experienced 19 incidents of i graffiti in 2006 2 i Who is Doing the Graffiti? a (-What Happens with a Graffiti Report at 1 Tigard Police? • 11 to 20 year olds • All of the graffiti related arrests in 2006 were under the age of 18 • A copy goes to myself 8 SRO's Info is entered into a database • Generally, the culprits will tag around . ',Property owner is contacted if they were not aware of the graffiti their own neighborhood, routes they • A list is compiled of locations that have not been cleaned • The Locations are continually checked to see if the graffiti has travel, or places they frequent (i.e. beencleaned shopping areas or the Tigard Library) • (Properties not cleaned has gone up from 5% to 12%- reported only I s Importance of Rapid Clean Up ► Graffiti, whether "gang-related" or "tagger", has a P. Graffiti drains tax dollars. Funds that could negative effect on a resident's feeling of safety in and should be used for schools, roads, their neighborhood. It creates a perception parks and other community needs, are used (whether factual or not) that crime is on the rise to clean graffiti and gangs are moving into the area Wl ppears and is left up indefinitely, it ►'Research has consistently demonstrated i( a ffiti a ~send~ aIsignal that people just don't care, which in thavROmpt graffiti removal plays a key role urn,.attracts other forms of crime and delinquency in ..reducing graffiti levels to the;rieighborhood ►According to IGET, getting rid of the graffiti ►The longer graffiti is left up, the more likely as quickly as possible is beneficial to the a rival gang will cross it out and paint their community gang's name ►Cleaning up graffiti right away will send a ►This act is a sign of disrespect to the gang ~essage that the community will not stand Chat was crossed out and will cause tension f or it between gangs and a potential for increase N in assaults ►Another significant reason is to stop problems between different gangs 3 "Broken Windows" theory Current Graffiti Ordinances • Under the "Broken Windows" theory, we . Multnomah County - Portland"& Gresham hhamshould never let the vandals think it is okay to vandalize our neighborhoods. If one person or group of people vandalize a .Clackamas County - Milwaukie piece of property and the community i doesn't seem to care, then another group is going to come along and vandalize the ■ Washington County'- Beaverton,. + same property, then another and another, Hillsboro, Cornelius & Tualatin'-i until now it has become increasingly more of an eyesore Proposed Ordinance Clean Up Assistance o Mirror of Tualatin's ordinance with some exceptions Discounts at paint stores o 14 days allowed for clean up, instead of 7 days Volunteer graffiti removal group o Fine would be $100 instead of $150, roughly a little over the cost of clean up by city personnel - - o Citation for each day graffiti remains after 14 day notice Questions? 4 Agenda Item # 1 Meeting Date March 27, 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Lanphere Enterprises, Inc. Ballot Measure 37 Claim (M372006-00003)6 Prepared By: Cheryl Caines Dept Head Approval: ' - City -XIgr Approval: ISSUE BEFORE THE COUNCIL To consider a Ballot Measure 37 claim for compensation or waiver of zoning and development regulations for property located along Cascade Boulevard in Tigard. STAFF RECOMMENDATION Adopt the attached ordinance granting Ballot Measure 37 waiver of the Tigard Development Code making sales, service and repairs of automobiles, motorcycles and other light vehicles a non-conforming use for the subject parcel and allow expansion of the use under the Tigard Development Code in place at the time the property on Cascade Boulevard was acquired, subject to applying for and receiving site development review approval. KEY FACTS AND INFORMATION SUMMARY Lanphere Enterprises, Inc. is seeking a waiver of the current zoning land use regulations that restrict expansion of the existing vehicle sales, service and repair use on a 2.15 acres site located on Cascade Boulevard, south of Highway 217. Ballot Measure 37 established a process whereby a property owner or family member who acquired property prior to the adoption of land use regulations can make a claim if the land use regulation has restricted the use of property and reduced the market value of the property. The unit of government responsible for the regulation must either pay compensation for the reduced property value or waive the regulation. In April of 2000 the property was zoned MUC (Mixed Use Commercial) and became part of the Washington Square Regional Center. Special site and building design standards are now required for developments within this area. The property is currently developed with a motorcycle/light equipment sales and repair business, which was permitted under the previous zoning - Industrial Park (I-P). Proposed changes are unknown at this time because no development plan was submitted with this claim. The Claimant's representative, Steve Morasch with Schwabe, Williamson & Wyatt, Attorneys at Law, states the reduction in property value is approximately $1,404,810.00. Documentation supporting this amount was not submitted with the application, but Mr. Morasch states that an appraisal can be provided. Lanphere Enterprises, Inc. acquired the property on March 26, 1992. The Claimant's preference is for a waiver of land use regulations that restrict expansion of the existing use. Should the City Council choose to grant the waiver, it is suggested that the waiver be granted to the owner, Lanphere Enterprises, Inc., and not the land and be specific to allow vehicle sales, service and repair. Once a site development review application is filed, the application will be processed under the I-P standards in place at the time the property was acquired. Development may occur consistent with any approved site development review. Once the property is developed, it may continue to be used for vehicle sales, service and repair, even if there are changes in ownership or tenants. Once Lanphere Enterprises, Inc. ceases to be the owner, however, any expansion or major modification beyond development applied for during this ownership shall be subject to the rules in effect at the time of change in ownership. The differences between the codes include mainly site and building design standards required by the Washington Square Regional Center section. Under the current regulations, the minimum front yard setback is 0 feet and maximum is 10 feet, maximum building height is 200 feet, buildings must occupy at least 50% of a site's street frontage, 50% of the ground floor walls must be windows/display areas or doorways, freestanding signs have a maximum height of 10 feet, and the minimum landscape requirement is 15%. Street standards require wider pedestrian and vehicular routes. The previous I-P zoning required a 35-foot front yard setback, the maximum building height was 45 feet but could go up to 75 feet under certain circumstances, there were no building design requirements, the landscaping minimum was 25%, and the maximum sign height was 20 feet. OTHER ALTERNATIVES CONSIDERED 1. Deny the waiver. 2. Pay compensation to the land owner in which case the City may want to obtain its own market assessment of the amount of compensation. CITY COUNCIL GOALS N/A ATTACHMENT LIST Attachment 1: Ordinance allowing expansion of a non-conforming use on the property. Attachment 2: Staff Report Exhibit A. Vicinity Map Attachment 3: Applicant's Materials FISCAL NOTES The applicant provided a $1,000 deposit to cover application review costs. This deposit will be refunded to the applicant if the claim or waiver is granted. There are no budgeted funds to pay compensation. ATTACHMENT 3 .4 ,Z X 'PROCEDURE FOR BALLOT AMASU .E 37 V C ky ~7;q~; er i~ C Y31JS SW t`faJ! Blzd, T i~mr~ OR 972 23 < i S016394171 Fax: 3V IMO ) The chlr a mestbe In wddn,- and include the information listed below, Tic ciai m shat[ not be wmicf rcd filed u liffi alt'of the rc uitemenu of the are met. FORM"Ix$QX j Cut NO.: Agplitzrian Accepted By, Imo; D.Im Der-veined Cvzt ,lece ~1~ l~rtty ba mfisadad ~ diem 6 determined to be+n~Gd if dtLnb de~ieas+,d nlrimardyde<ern~is d iaalci, the claiaaneth~ mime ebe.aq~ fi~ecaad,eC~piawsiapmcerlo6d►:eisim, If tteacaeeeds~dapaeif,cfnr4imutabd(pYyacs.~dd'a;aadaa»,mc~icbia30 t fuefud ]t cow xakss tons t'me it; t~ Sao ~ be stmd~dw tbo dale of a dnmattQ 6yt5a Cfq x ~E~i1PIf~A Q~,j o~'~ PILOPE'~tT'Y t Prt~eetystneeiA,ldrese/Jac~ninn(s): 10380 SW Cascade Avenue Tigard, Oregon 97223 - 1 h&p & T= 1,0t it (a): 1 S 135 BA-02800 SstbcGvttion ioz si (sf n/a rx AFIs~1N'I'?_~d=`f'~aN a PropeMI CJwaess/C'1z;ma~s/I~eedHoldets'a: ~ Lanphere Erit2rprises, Inc. - Steve Morasch, Schwabe, Williamson .Addm: 700 Washington, Suite 701 Pboae 503-796-2498 ► C sq Vancouver. WA Zjp; 98660 (anacb$sttfreoomthmone) . r oitecw=mrtcq,:iradPropessy March 26, 1992 DatsFx*% mbrrofC6i:m=vAcguhiPmpam7Ctf wpEicablek n/a 1~6= and Rek6oaA* of PamlyUeflsb:zs that are Povioos (hunts (of applitable): (A=A tistifaddltionat space is audcd) t lien/Sm icylaunaHolders of the affecte4p' rvperty See Attached 3 Address. Fhonc. i CatyfState: Zip; ~ (A2rach llsclFmteie t5m,a aaa) - 1 'Wbe,n the owt-sr and the ap piicam are dWesent people, %U otvaess of the affe coed property must alga thia application in the span ptovi &A oa the back of Ibis. £am. If the Wetted pmpamy u ovued.br row or =m pctsom v4 rout all owacrc seek compernatioa, aII owners who do aos sack compeasuioa s$al(6i~rt a waiver of she right to comuemaewn. i 1 i i i i t . i RBGMMONRBgTjU iNGDS Idenurzhsa mp&riun *at is a6ged to restrict wt of affecr!d property. Provide It etaterr_at3z wr,6u g how the rzst-ietiou affteet the value of tht property. (Amon additium1 maudals w necessaq) See Attached ,i 3 SeT~f~fM PREF~REri~, 3 YraRids: a awnm m of robed= al =W. prcferi camp-.r-~on or a waiver, s IT=iga, or modiracadoa of the ZtVA*a. See Attached 3 Iaclsrde a reuemmcdescui~iug the exuat co wlich tht r+egrlat6oo I%vUld ACM ro be lwrad, swlxndeA or mo&&A m avoid the nerd for cocupentuioa A das:4doa of tisa MZ=qa M anutlu provided. (Atxtch ad&tianaTmarerllls as ncerssaxyj See Attached i n aytarof CoeMbn The c-Wgvdascompo=oott See Attached Pmvidt: daema;:d &A support n clue tstllottdt¢. Said documentation shag m,-Jtide a trtasiss t ~rralysis, appraisal, or atbr_r dor+M mAndon at least equvaicnt to a nt &at swslysis. i ptr-=UtMts) if app!"icabk. } o rr,, c i SYC,NATf)R$S.s7f; h ovmer odfac subject ptapt rty. DAM) this day ,10 s 't S llt[C Ovrnsst'S Sigtsatutr a- fvL~,'lQre E~fer~IrS~~ti•. Cywrut t Mutt Owntes Sigvau= Bom 1/3,14 'e4wplalaeuro,v,cd uw ~pt4;wieuslbdla t~vau'e Y e`b,n3a®.dea • 1 ' a i i CITY OF TIGARD 12/1/2006 4 13125 sw Hall Blvd. 9:41:54AM Tigard, OR 97223 503.639.4171 Receipt 27200600000000005669 Date: 12/01/2006 Line Items: Case No Tran Code Description Revenue Account No Amount Paid M372006-00003 [M37-CD] Measure 37 Deposit 100-0000-229080 1,000.00 Line Item Total: $1,000.00 Payments: Method Payer User ID Acct./Check No. Approval No. How Received Amount Paid CreditCard TIMOTHY R BRUNNER KJP 057224 In Person 1,000.00 Payment Total: $1,000.00 cReceipt.rpt Page 1 of 1 SCHWABE, WILLIAMSON & WYATT A T T O R N E Y S AT L A W Vancouvercenter, 700 Washington Street, Suite 701, Vancouver, WA 98660 Phone 360.694.75511 Fax 360.693.5574 1 www.schwabe.com STEVE C. MORASCH RECEIVED Admitted in Oregon and Washington Direct Line: (360) 905-1433 NQ V E-Mail: smorasch@schwabe.com 2 9 2006 C1TYGr-rIC,49D November 28, 2006 ANN NGIka~"~riu~rRi'D VIA UPS OVERNIGHT DELIVERY City of Tigard Permit Center 13125 SW Hall Blvd. Tigard, OR 97223 Re: Measure 37 Claim for Lanphere Enterprises, Inc. Dear City of Tigard: We represent Lanphere Enterprises, Inc., who owns real property 10380 SW Cascade Avenue in the City of Tigard and are submitting this written demand for just compensation on its behalf pursuant to Measure 37. The map number for the property is 1S135BA-02800 and the tax account number is R273304. The property is approximately 2.15 acres in size. A chain of title report from First American Title Insurance Company of Oregon is attached to this letter as Exhibit A. Please let us know if you require any further information to process this claim. As shown in the attached chain of title report, Lanphere Enterprises, Inc. first acquired the property on March 26, 1992. See deed recorded at Fee No. 92019213. The property is currently being used as a motorcycle dealership that conducts retail sales, 4 service and repair of motorcycles, ATVs, scooters, utility vehicles, small watercraft, generators, pumps and lawnmowers, as well as sales of parts. At the time Lanphere Enterprises, Inc. acquired the property in 1992, the property was zoned I-P (Industrial Park District). Under the I- P zoning that existed at that time, sales, service and repair of automobiles, motorcycles, and other light vehicles was a permitted outright use. Since the time of acquisition, the City has changed the zoning and comprehensive plan ys Via,.. designations to MUC (Mixed Use Commercial) and adopted zoning ordinances and comprehensive plan provisions for this property that restrict the use and reduce the value of the tr . property, including, without limitation, section 18.520.030 and Table 18.520.1 (Use Table: Commercial Zones) which do not allow sales, service and repair of automobiles, motorcycles, and other light vehicles. This has the effect of rendering the existing a use a non-conforming use and prohibiting or severely restricting any expansions of the existing use. Portland, OR 503-222-9981 1 Salem, OR 503-399-7712 1 Bend, OR 541-749-4044 # Seattle, WA 206-622-1711 Vancouver, WA 360-694-7551 1 Washington, DC 202-488-4302 4 PDX/1I1 065/1 5 1 200/SCM/1487879.1 City of Tigard November 28, 2006 Page 2 We have identified a number of other City of Tigard land use regulations currently in effect which were enacted subsequent to acquisition, and which restrict the use and reduce the value of the property. These land use regulations are listed in Exhibit B to this letter. These land use regulations, and perhaps others, have been enforced against this property. The City of Tigard did not have land use regulations in effect at the time of acquisition that restricted sales, service and repair of automobiles, motorcycles, and other light vehicles to the degree that current regulations do. These provisions restrict the use of the property and reduce the value of the property by preventing Lanphere Enterprises, Inc. from continuing the existing use of the property as a permitted outright use or expanding the existing use of the property. The compensation shall be equal to the reduction in the fair market value of the affected property interest resulting from enactment or enforcement of the land use regulations as of the date of written demand for compensation under Measure 37. We estimate the reduction in value is approximately $1,404,810.00. Lanphere Enterprises respectfully demands that this compensation be paid pursuant to Measure 37. If the City of Tigard informs us that its preferred method of resolving this claim is to pay just compensation, an appraisal can be provided at a later time. In lieu of payment of just compensation, the Lanphere Enterprises, Inc. would welcome a removal of the land use regulations currently in effect that restrict expansion of the existing use. Please note that land use regulations listed in Exhibit B are the primary land use regulations that restrict the use and reduce the value that we have been able to identify at this time, however, there may be additional land use regulations that also apply. To the extent that Exhibit B does not fully capture all land use regulations preventing Lanphere Enterprises, Inc. from enjoying all uses available at the time of acquisition, Lanphere Enterprises, Inc. reserves the right to seek relief from, or base their compensation on, additional applicable land use regulations. Additionally, due to the novelty of Measure 37 and the claims of Lanphere Enterprises, Inc. thereunder, we reserve the right to amend or supplement this claim as necessary to satisfy the construction and application of Measure 37. Our position is that any land use regulation (as defined in Measure 37) that prohibits or impairs the property owner's ability to expand the existing use would reduce the value of the property. Under Section 10 of Measure 37, the City of Tigard must either pay compensation or waive the regulations, or Lanphere Enterprises, Inc. will be allowed to use the property as permitted at the time of acquisition. The claimant is aware that the City of Tigard has adopted procedures to implement Measure 37. This claim is not made pursuant to such procedures, nor is it limited to regulations enacted prior to December 2, 2004; however, as a courtesy, we have endeavored to follow the City of Tigard Measure 37 procedures to the extent that they are not inconsistent with the language of Measure 37. Measure 37 claimants are provided a cause of action for compensation if a land use regulation continues to apply to the subject property more than 180 days after the present owner of the property has made written demand for compensation. The property is also subject to land use regulations enacted or enforced by other governmental entities. Appropriate written demands for just compensation are being submitted P DX/ 1 1 1065/ 1 5 1 200/SCM/ 1487879.1 City of Tigard November 28, 2006 Page 3 to those entities as well. We intend to coordinate resolution of those claims with this claim, and encourage the City of Tigard to contact us at the earliest possible time to discuss possible resolution of this claim. Please send your response to Steve Morasch of this firm. We hope that the City of Tigard would act promptly, fairly, and responsibly to provide Lanphere Enterprises, Inc. the clear benefit it is entitled to under Measure 37. If you have questions regarding this claim or need additional information, please contact the undersigned at your earliest convenience. Sincerely, Steve C. Morasch SCM:tag Enclosures cc: Timothy V. Ramis (w/enc) ►Y~W PDX/ 1 1 1 065/ 1 5 1 200/SCM/ 1487879.1 EXHIBIT B TO LANPHERE ENTERPRISES MEASURE 37 CLAIM CITY OF TIGARD Tigard Municipal Code Title 18: Community Development Code 18.520.010 Purpose 18.520.020 List of Zoning Districts 18.520.030 Uses Table 18.520.1 Use Table: Commercial Zones 18.520.040 Development Standards Table 18.520.2 Commercial Development Standards 18.520.050 Special Limitations on Uses 18.520.060 Additional Development and Design Guidelines 18.630.010 Purpose and Applicability 18.630.020 Development Standards 18.630.030 Pre-existing Uses 18.630.040 Street Connectivity 18.630.050 Site Design Standards 18.630.060 Building Design Standards 18.630.070 Signs 18.630.080 Entry Portals 18.630.090 Landscaping and Screening 18.630.100 Street and Accessway Standards 18.630.110 Design Evaluation 18.765.020 Applicability of Provisions 18.765.070 Minimum and Maximum Off Street Parking Requirements Each and every provision of the Washington Square Regional Center Plan, and any comprehensive plan amendments or zoning code amendments adopted pursuant to the Washington Square Regional Center Plan. Also, any other comprehensive plan provisions that restrict the expansion of the existing use on the property or that mandate any of the above referenced provisions, including, without limitation, Chapter 8 and Sections 11.9 and 12.5 of the Tigard Comprehensive Plan. Page 1 P DX/ 1 1 1065/ 1 51 200/SCM/ 1487901.1 1 Recorded Document Guarantee Guarantee No.: NCS-261351-OR2 Guarantee Form No. 27 (5/16/90) Page No. 1 R EE Issued by First American Title Insurance Company National Commercial Services 200 SW Market Street, Suite 250, Portland, OR 97201 Title Officer: L ynnette D. Anderson Phone: (503)222-3651 FAX: (503)790-7856 EXhibit 11p First American Title 4. Y nw•r'9 Gam- Recorded Document Guarantee Guarantee No.: NCS-261351-OR2 Guarantee Form No. 27 (5/16/90) Page No. 2 First American Title Insurance Company National Commercial Services 200 SW Market Street, Suite 250, Portland, OR 97201 (503)222-3651 - FAX (503)790-7856 LIABILITY: $150.00 GUARANTEE NO.: NCS-261351-OR2 FEE: $150.00 YOUR REF.: Recorded Document Guarantee ISSUED BY First American Title Insurance Company of Oregon An assumed business of Title Insurance Company of Oregon Title Insurance Company of Oregon, dba First American Title Insurance Company of Oregon, herein called the Company, subject to the terms and provisions of the application for this Guarantee, the Liability Exclusions and Limitations set forth below and in Schedule A and the conditions contained herein GUARANTEES Axis Design Group, Architecture and Engineering, LLC herein called the Assured, against loss (except attorney's fees or the cost of defense) not exceeding the liability amount stated above which the Assured shall.sustain by reason of any incorrectness in the assurances set forth in Schedule A. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. In order for the Guarantee to be valid and effective, the application and agreement for the issuance of a Recorded Document Guarantee executed by the Assured and a copy of each document listed and referred to in Schedule A must be attached hereto. All terms and conditions of the application are hereby incorporated by reference as if fully set forth in this Guarantee. Dated: October 13, 2006 at 7:30 a.m. Title Insurance Company of Oregon dba FIRST AMERICAN TITLE INSURANCE COMPANY OF OREGON C By: President J I Attest: l Secretary Exhibit First American Title PF' ccc~~~ of / Recorded Document Guarantee Guarantee No.: NCS-261351-OR2 Guarantee Form No. 27 (5/16/90) Page No. 3 RECORDED DOCUMENT GUARANTEE SCHEDULE A The assurances referred to on the face page are: That according to the Company's title plant records and those records maintained by the County Recorder known as the Grantee/Grantor indices subsequent to March 26, 1992, relative to the following described real property (but without examination of those company title plants maintained and indexed by name), there are no Deeds, Contracts, Assignment of Contracts, Leases or Subleases (hereinafter Documents) describing said real property or any portion thereof, other than those listed below, copies of which are attached hereto and made a part hereof. A. The following Documents or matters disclosed by Documents recorded in the Public Records are specifically excluded from the coverage of this Guarantee, and the Company assumes no liability for loss or damage by reason of the following: 1. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the issuance thereof. 2. Water rights, claims or title to water. 3. Tax Deeds to the State of Oregon . 4. Instruments, proceedings or other matters which do not specifically describe said land. 5. Documents pertaining to mineral estates. B. DESCRIPTION: A TRACT OF LAND IN SECTION 35, TOWNSHIP 1 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, IN THE CITY OF TIGARD, WASHINGTON COUNTY AND STATE OF OREGON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF A 50 FOOT ACCESS ROAD, WHICH POINT IS SOUTH 320 34' 50" EAST, 1361.22 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 35, SAID POINT BEING NORTH 890 23' 30" WEST, 10 FEET, MORE OR LESS, FROM THE NORTHWEST CORNER OF THE TRACT DESCRIBED IN DEED TO RALPH COAN, ET UX, RECORDED IN BOOK 475, PAGE 185, DEED RECORDS OF SAID COUNTY; THENCE NORTH 1° 14' WEST, 406.46 FEET TO A POINT IN THE SOUTHERLY LINE OF THE OREGON STATE HIGHWAY COMMISSION RIGHT OF WAY; THENCE ALONG SAID RIGHT OF WAY AS FOLLOWS: SOUTH 491 05' 50" EAST, 13.48 FEET; THENCE SOUTH 10 14' EAST, 57.94 FEET; THENCE SOUTH 890 18' EAST, 66.52 FEET; THENCE SOUTH 490 05' 50" EAST, 187.21 FEET; THENCE SOUTH 52° 03' 10" EAST, 360.25 FEET, THENCE LEAVING SAID HIGHWAY RIGHT OF WAY, NORTH 89° 23' 30" WEST, 494.88 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION CONVEYED TO THE PUBLIC BY STREET DEDICATION DEED RECORDED MAY 01, 1992, RECORDER'S FEE NO. 92029578. Exhibit 14 First American Title of Recorded Document Guarantee Guarantee No.: NCS-261351-OR2 Guarantee Form No. 27 (5/16/90) Page No. 4 C. Listed Documents: Document: Bargain and Sale Deed Recording Date: March 26, 1992 Recording No: 92019212 Grantor: Robert W. Jones and Lavina R. Jones, as tenants by the entirety Grantee: Irwin D. Schimmel & Pamela M. Schimmel, husband and wife Document: Statutory Warranty Deed Recording Date: March 26, 1992 Recording No: 92019213 Grantor: Irwin D. Schimmel and Pamela M. Schimmel Grantee: Lanphere Enterprises, Inc., an Oregon Corporation Document: QuitClaim Deed Recording Date: March 26, 1992 Recording No: 92019216 Grantor: Power Rental Co. doing business as Power Rents, Inc. Grantee: Lanphere Enterprises, Inc. Unit l First American Title of f(` ~ ~ 66 7 19 Recorded Document Guarantee Guarantee No.: NCS-261351-OR2 Guarantee Form No. 27 (5/16/90) Page No. 5 GUARANTEE CONDITIONS 1. DEFINITION OF TERMS the American Arbitration Association. Arbitrable matters may include, but The following terms when used in this Guarantee mean are not limited to, any controversy or claim between the Company and the (a) "Land: the land described, specifically or by reference, in this insured arising out of or relating to this policy, any service of the Company Guarantee. in connection with its issuance or the breach of a policy provision or other (b) "Public Records": those land records designated by state statues for obligation. Arbitration pursuant to this policy and under the Rules in effect the purpose of imparting constructive notice of matters relating to on the date the demand for arbitration is made or, at the option of the said land. insured, the Rules in effect at Date of Policy shall be binding upon the (c) "Date": the effective date of this Guarantee. (d) "The Assured": the party or parties named as the Assured in this parties. The award may include attorneys' fees only if the laws of the state Guarantee, or in a supplemental writing executed by the Company. in which the land is located permit a court to award attorneys' fees to a (e) "Mortgage": mortgage, deed of trust, trust deed, or other security prevailing party. Judgment upon the award rendered by the Arbitrator(s) instrument. may be entered in any court having jurisdiction thereof. (f) "Lease": any lease or sublease of any estate in the land. The laws of the situs of the land shall apply to an arbitration under the (g) "Assignment": the transfer of the beneficial ownership of any Title Insurance Arbitration Rules. mortgage or lease. A copy of the Rules may be obtained from the Company upon request. (h) "Documents": any Deed, Mortgage, Lease or Assignment. Company shall reimburse the Assured for any expense so incurred. 5. GUARANTEE ENTIRE CONTRACT No provision or condition of this Guarantee can be waived or changed 2. NOTICE OF LOSS - LIMITATION OF ACTION except by writing endorsed or attached hereto signed by the President, a A statement in writing of any loss or damage for which it is claimed the Vice President, the Secretary, and Assistant Secretary or other validating Company is liable under this Guarantee shall be furnished to the Company officer of the Company. within sixty (60) days after such loss or damage shall have been determined. 6. If any provision or any part of a provision of this Agreement is held to be invalid or unenforceable, such invalidity or unenforceability shall not affect 3. PAYMENT OF LOSS- LIMITATION OF LIABILITY the legality, validity or enforceability of any other provision of this (a) The liability of the Company under this guarantee shall be limited to Guarantee. the amount of actual loss sustained by the Assured because of reliance upon the assurances herein set forth, but in no event shall 7. This Guarantee is issued only for the benefit of the named Assured and such liability exceed the amount of the liability stated in this does not provide any other rights or remedies upon any other person or Guarantee. entity. (b) All payments under this Guarantee shall reduce the amount of the liability hereunder pro tanto. 8. NOTICES (c) When liability has been fixed in accordance with the conditions of this All notices required to be given the Company and any statement in Guarantee, the loss shall be payable within thirty (30) days writing required to be furnished the Company shall be addressed to it at its thereafter. main office at 222 SW Columbia St, Ste 400, Portland, Oregon 4. ARBITRATION. 97201-5730. Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of PROM -RDG -OR F. bibit - First American Title ~ of First American Title Insurance Company National Commercial Services 200 SW Market Street Suite 250 Port/and, OR 97201 (503)111-3651 - Fax (503)790-7856 Title Officer: Lynnette D. Anderson (503)222-3651 LOT BOOK SERVICE Axis Design Group, Architecture and Engineering, Order No.: NCS-261351-OR2 LLC 11104 SE Stark Street Portland, OR 97216 Attn: Jacqueline R. Tower Phone No.: (503)284-0988 - Fax No.: (503)546-9276 Email: jacqueT@axisdesigngroup.com Re: Lanphere Enterprises, Inc. Fee: $350.00 We have searched our Tract Indices as to the following described property: A TRACT OF LAND IN SECTION 35, TOWNSHIP 1 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, IN THE CITY OF TIGARD, WASHINGTON COUNTY AND STATE OF OREGON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF A 50 FOOT ACCESS ROAD, WHICH POINT IS SOUTH 320 34' 50" EAST, 1361.22 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 35, SAID POINT BEING NORTH 89° 23' 30" WEST, 10 FEET, MORE OR LESS, FROM THE NORTHWEST CORNER OF THE TRACT DESCRIBED IN DEED TO RALPH COAN, ET UX, RECORDED IN BOOK 475, PAGE 185, DEED RECORDS OF SAID COUNTY; THENCE NORTH 1° 14' WEST, 406.46 FEET TO A POINT IN THE SOUTHERLY LINE OF THE OREGON STATE HIGHWAY COMMISSION RIGHT OF WAY; THENCE ALONG SAID RIGHT OF WAY AS FOLLOWS: SOUTH 49° 05' 50" EAST, 13.48 FEET; THENCE SOUTH 1° 14' EAST, 57.94 FEET; THENCE SOUTH 89° 18' EAST, 66.52 FEET; THENCE SOUTH 490 05' 50" EAST, 187.21 FEET; THENCE SOUTH 52° 03' 10" EAST, 360.25 FEET, THENCE LEAVING SAID HIGHWAY RIGHT OF WAY, NORTH 89° 23' 30" WEST, 494.88 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION CONVEYED TO THE PUBLIC BY STREET DEDICATION DEED RECORDED MAY 01, 1992, RECORDER'S FEE NO. 92029578. Fist AmcriCan Title g hi eit m of Lot Book Service Guarantee No.: NCS-261351-OR2 Page 2 of 4 and as of October 13, 2006 at 8:00 a.m. We find that the last deed of record runs to Lanphere Enterprises, Inc., an Oregon corporation We also find the following apparent encumbrances prior to the effective date hereof: 1. Limited access provisions contained in Deed to the State of Oregon, by and through its State Highway Commission recorded February 05, 1964 in Book 505, Page 0529 Deed Records, which provides that no right of easement or right of access to, from or across the State Highway other than expressly therein provided for shall attach to the abutting property. 2. Covenants, conditions, restrictions and easements in the document recorded March 24, 1971 in Book 810, Page 0831 of Official Records, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. 3. A Deed of Trust to secure an original indebtedness of $800,000.00 recorded March 26, 1992 as Fee No. 92019214 of Official Records. Dated: March 18, 1992 Trustor: Lanphere Enterprises, Inc., an Oregon corporation Trustee: U.S. Bank of Washington, N.A. Beneficiary: U.S. Bancorp Mortgage Company A document entitled "Assignment of Leases and Rents" recorded March 26, 1992 as Fee No. 92019215 of Official Records, as additional security for the payment of the indebtedness secured by the deed of trust. According to the public records, the beneficial interest under the deed of trust was assigned to United States National Bank of Oregon, a national banking association by assignment recorded March 21, 1994 as Fee No. 94026640 of Official Records. A document entitled "Assignment of Assignment of Leases" recorded March 21, 1994 as Fee No. 94026641 of Official Records, as additional security for the payment of the indebtedness secured by the deed of trust. Fl,-st American Title EEh I bit p' 1p f~ of Lot Book Service Guarantee No.: NCS-261351-OR2 Page 3 of 4 4. A Construction and Line of Credit Deed of Trust to secure an original indebtedness of $650,000.00 recorded March 20, 1995 as Fee No. 95017821 of Official Records. Dated: February 27, 1995 Trustor: Lanphere Enterprises, Inc., an Oregon corporation Trustee: U.S. Bank of Washington, National Association Beneficiary: United States National Bank of Oregon Document(s) declaring real estate loan extension and modification thereof recorded December 29, 1995 as Fee No. 95095934 of Official Records. Document(s) declaring real estate loan extension and modification thereof recorded March 27, 1996 as Fee No. 96026307 of Official Records. A document recorded June 25, 1996 as Fee No. 96056964 of Official Records provides that the amendment to promissory note and deed of trust or the obligation secured thereby has been modified. 5. Unrecorded leases or periodic tenancies, if any. We have also searched our General Index for Judgments and State and Federal Liens against the Grantee(s) named above and find: None We also find the following unpaid taxes and city liens: 1. Taxes for the year 2006-2007 Tax Amount: 21,215.18 Unpaid Balance: 21,215.18, plus interest, if any Code No.: 023.81 Map & Tax Lot No.: ISIW35BA-02800 Property ID/Key No.: R273304 2. City liens, if any, for the city of Tigard. Note: An inquiry has NOT been made concerning the actual status of such liens. 3. These premises are within the boundaries of the Tualatin Valley Water District and are subject to the levies and assessments thereof. 4. These premises are within the boundaries of the Clean Water Services District and are subject to the levies and assessments thereof. Exhibit 14 First American rifle Pale of Lot Book Service Guarantee No.: NCS-261351-OR2 Page 4 of 4 THIS IS NOT a title report since no examination has been made of the title to the above described property. Our search for apparent encumbrances was limited to our Tract Indices, and therefore above listings do not include additional matters which might have been disclosed by an examination of the record title. We assume no liability in connection with this Lot Book Service and will not be responsible for errors or omissions therein. The 'charge for this service will not include supplemental reports, rechecks or other services. First American Tide exhibit _,4A, go ~ Of it 10 o ~ i 9E L SL ro.. v.::.. I ( I e m I Imo, ~ ~ _ ♦ \ i, urn- J~, \ D Ir i .t' / I \ l m 1; Y . T rd 0 z .11(__"-`~' -w.: :F/ , d"""~-"~"'I^-^c7. ~W~"1«:..:aw•:"'-:.~"`VMU„^^ •-asr~•` o• O, t I I I~ I ~ 7„71 SE AA ' '•Y' r••!-..r\` i~..~ I I ~~f + _We ~ S.•i~. ;~':•u,".•' It ~ •t I S~ yq::~ (xum 10"130 uo •(q pasolas!p aq ADuj m ruogDfjvA Xuv /oidilllgvq UII raluRrSO (uUflulO~ a7uvinsul allll uln'liaul2 .4iadoid Nunoaol ul a-iuafuanu03 n ro paplAoid rf dnul rtgt NOD111030 .kNVJW(» 9~t\\`N:1SV1 3 LLLL.to awru ss.fnsnq pawns~v u,v y uoodio_fo AZludluU:) ~.~1117.!)ISl/ f dll!j IIUJljdlll r JSJ!j, a a w v y s~ A-g _ ' ~ _ _ :0, , h - - .yP-r:!i.t.::n4~1.AkriAii~e~~•.:~::a_-~ii~rr•• +':'w' ^y fly N1~!t6J~D14~0 rs JO~T~OUA P.r1.WdO•M.A. .r..w r.. ~ TIC OR TITLE BARGAIN AND HALE DREP-4TATUVORT FORM 08EAT N. JtgiFS,AHD IA1VM R. JOM. AS TEN11M BY.TM_FHT'I11 W. _._____..____r._ _..ztaaia `u( ' «...__._.....»«.._.._..Crentre, tAe (alI. inB tea! property sifuafed !n + K...........„......., County, Ore(orL ro•wlt: ARMS 'LEGAL DESMIPT'I0H' ATTAmlED HERM ACID BY RBF MNM HADB A PART MMWOP. Ili N . --eew THIS DEED IS CIVEN IN FULFILLMENT OF THAT CERTAIN CONTRACT DATED NOVEMBER 20,1985 AND - _ RECORDED BOVENBER 21,1985 AS FEB NUMBER 85046606 AND ALL vARRAxTIE5 ARE TO Be I CONSTRUED TO BE EFFECTIVE AS OF THAT DATE. 77 i' rr1, M i•K/ NtItRHCNNt, tONlea,( o/KMttOn ON tlrttfe Nett ri.`. TM true conuderatlon for this conveyance it $Do,000.00..._,. (Hen comply with the requirements a/ ORS 03.Mj r ' Qafed this .~'~,.11 day a(_~ J9~.~ :i vYT 7111% INSTRUNEN7 V!ILL Not ALLOW USE Of THE PROPERTY O£. t ECRIREO IN TNIS IVITAUNENT IN VIOLATION Or AFKICMLE LANG ROBfl1T M. JONES A - USE LAWS AND RIGyl{..~~r10N7 :atPORE S..NINO OR ACCCIfINo THIS INSTA NE ?if16:lERidN ACOVIrJNO FEE TRII T0O iN£ IJIVINA R. ••C'= MO►ER7Y CR :.~RfEM iN£ A"ROPMATE CITY OR 1 + 's• is COUNTY ML/ Ofr NT To VERIFY 6PPAOVEO S ,i; J11f8,OFluWCON, County of _ N r`! ~rf_,tn}101 `J.J•`7'aSrc rot aty hema gieon. z...I9~L I .iiv .I: L.IOL U !yam 11 Y~. P; xa iiRES IDl f f ~:Gl =r O~yC~' No tep PuWklor` ;;iA ! `i R(~-~T!'Afyeamadaionan*42~~~~ sAiMAETt A" SALE DECO ' STATE OP OREGON. 3RKIN D-SCf@4QJ~_...._..._ iiuviri t I County = 1I t certify thee the rifhln t ru• MW newrY,s ,elra w, a eM was received for record on the I *a. rg psee .ut..c. of o'clock _-Af, and recorded I y 0. SCMIl T,_ in booklevel/vohraw ass, J 4020 711 weueerev see P@& or as A flee/inlfrtr• v. i. +~'xGR8n.9R...91216._._... . menl/tnfao(,7a+/reorpe/on Na..__,........., „yam Record of Deeds of said county. 1~ z i• veal a .Atwee 1. IeTwma, eR 1.. awntwN Witness my hand and 4641 Of f, ,hap M ,w r. ew I,I0.wiry eaM„a County affixed. - ` i~ Q4020•&N-72x19---_..._.........---...._.___-_...__.._._ II r'~_: Deputy 1~, ( ware. sown.. sr - 1 ~ ~ }•'r. ~-s;<sta •t : r~ - _ .;r• -I; al 'i°},•:. •.ia~+~_ r~~4 ~ - r! 1.•~'S -'tl, i'_'M ~.i,~•., `.f .1~a: _.F • 1~•./' .4 ;-Y q•~~~,t/, « N ~,_:•tf~. •:~if•T' 'Y'~.r ~I. M.r :t.'; :J`it •~.~,K _`S 1 .a.. .-~.JF• ?ra'r", aI'w`^. "i!v t r ~r.: r:' ` q' , :~:._:•!'<'r.,4i' 'S '.,'a t iYi~= .12 .~;~,e. Viuy~7 FF~Y•r• L' .'.:-fi tie; +l.'~7 cr, mo'w' --+Gi:::1.-, ~~vw~_ DX!IS.. t~t~.yy, ~:1?:~~i..~~'~ .a. ~'.a:a~• ~ .,.'lt'}~ ~'r i ';L' ~.r:,.., ~ty .I~.~..~`tt .tz:ecC_~_• ' •'.r'';'t.%J~.Lr• F:S~;_:~: ii::'•i :ji,.td:•_ .;'~:=%~~~`'lrn)i:,~l'.ISTi~:.`vtTker' _.-_a.9rq• ,A ••y'~`'!Snifr':: ~°jv.,.; ):.ice; c'.':•' / ?i .`;y"S_.;,•''i": ~:Vi°°~•: _rxi9fim= v• °7~y' :,~',.}tom J. `I•.`.,.,:~y ..Y:'~:; <,`,,~t, 'e :x 'Q. :~-'.:r•: ,.1 :5~.f.;/r.~ si'_ ..+°~."'~7:;'.ir~r•i: !'1'. ~'4 •...i.te''C :ts4 •11 _ ~.-:.rz ~r✓.r•:k1fn.l:t./} .~1-~~ ''r.',:~:: •0::..ry, _ ;c.,~;~t.).,•'i,}.!'Z`y. ~y} yam... C. I. .•I'.~`f~ ,'r~],'`I .y2~~ lbl of 1, 'TICOR TITLE INSURANCE w586266 •,r, a! unAL oEscRn7mi .sza A tract of land in section 35, ~•Y 1 West, N177,......4 t+. '!2 *Midinnr in the city and StatO of Oregon, d swib"d M folloma: 8egiruting at a point on the East 11na Of a 50 foot access rood, which point ie I South 32 3N 50" Fast, 161.22 feat from the Hotthwest D=raw of said Sec_-tl -_]5r v 8dd point being Korth 89 23' 30M Wesit, 10 feet, =B or 1QSGo fry thO Nast aor:ler of the bm t described in dead to Ralph Ocan, $t tat:, recorded in Book 475, - y. 185, D"_ Faoorda of Said Cautty; tlwins Hoeda 1 14' !rest 406.46 feet to a . popoltit in the SaliIy_ line of the Oregoat statue Pillry oamium riot of way; li _ doncla aLM a8 d ri of way an foual8: South 49 05' 50" Filet, 17 48 feet; tw=s south 1 14' , 51.94 [eat, thence 6ca:th 890 18' Int, 66.52 feet! - thane South 490 o5' 500 Fast, 187.21 feet; thence South S2 03' 10" Pbat, 360.25 feet, thenca lraaving amid high"y right of way, North 89° 23' 30" Heat, 494.68 i7° teat to the point of begitvtittg. :•tt Ma OF OW-OW SS LJo CO t~ t wd WOO iWess of scewd :ale i 1 ' Fx .,q IK r COU.ttl, 92019212 38,00 Doc Rect: 13914 03/26/1992 30:30:44Ftt Ot_ Tltu Tktr. hiwenco Company o1 California, ~ s_ r. .1 C: 7r'..:':•.: r Llc`C<<"~ '`l F~o.-A6Y .:r 't.'• di1f.,~y jcs}.%v' r%'u•x!: '..i:'i.• - ;.y'c.. .r-i~i1'~c.S•;:y •.a'.~aS.::' it.rt!~: _ . J .'a7~ ~r ~~c,7~"( rr+^;'. ,y _ •ft1=r,{ .'Z; : • .`i' w` : f, - f.. . Yta~ *y: :`i • j' r•tl'=• Yl:. ~`.ti i.: ^i:~ _:i,',~ :i. ^~i'1'.p+; ~,i Q:? .N 3 " 4~; 'j Sir ~ f%q :s:r r7~:'.~,_:lt ,:rt~'~~'°.~ ' ~ - -';,:T';tf .t1d f 1•~`e~ .r. r is - .`,a•''c'•=J'r "~-j ~ yf: '1~+:. ':E: .iice. '3.. i:,•' •r I,r' ge /2 of 00 MORE, • !:~SY11:-._ _J:.. _ _ _ _ _ _....ol•-ftlac.Mte.:..'`' C:`''.~:=;•' `_C:C .42~'ti1Cr..~ M TICOR TITLE INSURANCE WSW TICOR Ti A- INSURANCE STATUTORY WARRANTY DEED - - 3RHI:N 0. SCHIMM AND PAHELA H. SCN720l6L - OraNat. cuvystad wrranuto IJINPMERE ENTERPRISES, INC.. AN OREGON CORPORATION Elves Grote,, the :ollowlas described teal property Ga of encumbrances except as specifically set forth herela situaud 1a f y 0~ WMHINOTON County, Ortgoa, to afro fian 8EE 'IMAL DESCRIPTION' ATTACM HERETO AND BY REFERENCE MADE A PART HWEOF. iaamezso•. c-1-5 THIS INSTRUMENT WILL NOT ALLOW USE Of THH PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPt1- CABLE LA NO USE LAWS ANOREOULATIONS.EIFORE SIONINOORACCEPTIN0TH13INSTIWMINT,THePERSON A00Q0fM J ■ INO FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLAN NINO DEPARTMENT TO VERIFY APPROVED USES Tbo ald prepe,ty Is fm kom eneamtroaea eaapt COVEHMS, CONDITIONS. A'• RESTRICTIONS, RESERVATIONS. SET BACK LINES, POWERS OF SPECIAL DISTRICTS AND EASEMENTS If RECORD. IT NMI THE PRAPMLTY MALL NOT BE, USM FOR THE RENTAL EDUIPMT BUSINESS FOR A PERIOD OF FIVE (5) YEhRS PRAM THE CATO OP DEED; PROVIDED, HOWEVER, GRANTEEt The sm ewuidmtion for this conveyance it S 950,000.00 Htrc campy the sego cots DI ORS 93.0301 Dated this 20TH dsy of MARCH 19 92 **MAY USE THE PROPERTY FOR "nALS OF SCHIMEL y - - rc• PRODUCTS ASSOCIATED WITH GRANTEE'S BUSIMS PAMM A H. SCMDNM :a Swat of Orc9oa. Caooq of S-T"iAYe° State of Orin. County of f: The foeegeir,g iaalfuraeact was acknowledged txfore ass tais Tae forgoing iatsruareat vrac aekaavAedIed before roe t%6 -2[L-day of- cne-.. 11- by -dty of . I1, by _ r irrt! a ,g7HxFt . Pmki on and 4 i•:~,=,rtz• •~+AMVI A N SCHI oas:•s_ Sceretary of COfPo bcaalf of tt.c corporalba. `a4w. y-! r f w i± kfor . .1 •~i 0-93 Norary P"k orOrrgeo ' . My commits;,. eapiLec WARRANTY DEED This k -sea Reserve' for R voidat Use IRMTAI D. SCHIMMEL PAH A H. SCHIISM ~•,r~. 4e 111 V+:.i'•l.' LANPf16RE EIPIERPRISGS. ,J.\.. ~L' <p Vatil a choage h requested, all ran statements shall be f:1 seat to tae folforia` address: LARNICRE ENTERPRISES, INC. ? r 12520 SW CANYON ROAD ~ ~+f~,_• BEAVtlObl, OR 97005 R WASHINGTON COUNTY 4;t:A ' T• Fxrew a Title No. c 7 Rf'yROPVrr TRINSFER TAX 586266303 W586266 i~ X y After w"ing ictuto to; IA3WHME ENTERPRISES. INC. PEE Paro 12520 SW CANYON ROAD BEAVEKW. OR 97005 a T'Ica Sam Ne 137 (:Watery Wwaoty Dtcd 9113 R:• tier' ~t I. I... - .--•S~'~-.. :F: :i': ..r r,. :w; .;~?%;:1'.-Ji\.~:f~•~i.:if:^::rf•ifh:L r~jl.-' ~i.•n•'r.. y.7^+'^~ x:~%;`~~ h' '•'.7.i.`.`.:ii~`• ~'J• •':`r. ,tC. rTC• ••1r h++.^S!~..:L; 'tE~xe,, r~: s , .t.. '.f•ti. ,'II. •c.rJ'r. a.. •c. `If C T9% •'a r rv. '.rP. ' ,r''f~•-1~''',f :.~:1''' r','' _ : i:; r f~i+.. l.••~. C: . r;.`~ Ci•~l'JF' .:r'~''Pf irly ~1 ~iF -'-a_r•^^ p,.:;~ t:? ~ F;i,:;.'i'^ al:~::..;:i. I:: :4!( Tf1~~4,+~tsnilq~ i! yf i^1{ !Y f ~tf(71✓ \.4 - sear ,.••~I~.~7'\•'i• S <e xl n'r I>, ti ~ ~ , . t~ • a P'>1•r•'.~~~~,,'~~ •r~ •1 1•~ 7{. liar ^C:4:'i r:fi, r r to . 1^•t ,.f'at',} fV1 t y r:;iY Irl.iYrv.. :r~3~. . l. +'u: M•; t•,,, ~;;c: Fi~a~ .,i~~-y:1+'ilr:~•~J~J,;.' •.b •)„~"'.:.tf 1r• :i`: r.~~... `v, ~ t~' `'Bii .J~f :'<.tir:Q=_jt.J"••::Jr•. I;t.'i ••i P•.:.•,i:.S'l,'`~ z_~-ter ei.'c° r 'S `•;`<C\ t"::.:'<:a4' • ro ' .t h fit., ~~ti•_ ~ ~ iy t n. •¢~d-'f):aiq:'.::'✓i ~''?.:,~:5.1;:'Jri:~i'r:~'.:.::~t.'.'.:,^. :pal..; .!Y''~/'.~~~a"w',~3 :~r'~ rFY~`.r '~-i3=:: a•^"s s~'~' a _.L~j•'"-..~;(:~ •,ra-f1 !%~y `~...•'::,•,:.x': `.r': r'a' j,~c,....:.•D: s.:. .~~`'T ( .'rJG'. -:Ci.Y~ L't Y- ~ / J ;j .:.Y' ' C ' ~ '•i i.'..rl i r'L' L rr - ^er_>_i_~- ~y,LLI'i'~.>^•.a~iP';• if ~':a"eiL,.J', i N.v 1'..:: ~ r '•j i iF 'F :;iLdri>:' t fr - ••-~`I. uY ;t 'I' '.i Yei. r : .~j.1>•Y' l~`L1 ~-J I •1 I ' :~,ti. ti lr'':1:J:~?•'.~.' • I : ~L' Flir.1.~'1~~t'' ...t Page (3 ®i!~ _ _.~.'1y-_ t~~T 'lLl1Y'. -R w.s._"Yt y...,.,r ~ L••^h:..1~•~'aC'-' ' ~5~- ^-!ur.~'.'•:Br'Jr!•:~ ' ` 1t1._:;✓•:.'1~~.:.. '.5. ail •'~`•Y$Y_~'If~~ '''`:dr: _ x- - A•'TICOR TITLE INSURANCE . ti - A tract o•_ land in Section 35, Township 1 Satth, pmige 1 West, Willwatts Mridian, in the City of Tigard, WaAW gton Oamty and state of Ocvgon, desatibad as fouadas Begitudng at a ppooint cm the fast line of a 50 foot aaoess toad, %ddch point Sa 1 _ south 32 34. 50" East, 361.22 feet fits the tias't wGgt comer of said Section 35 Paid point being North 09 231 3011 West, 10 feat, xl M ar lase, fray the etoa'thw~ae~ o Of the hm t.d*9=ibed in deed to Ralph Chan, 8t Ux, tO=ded in Book 475, ~ ROW! pegs 185 Deed ReaOZYlG of Geld WMtlf; t1w7ae North 1 141 hest 406.46 fr_t to a - q~uuint in tin Southfx.lX line of tha Ocvgon State 1t y CtAamissfon right of wayl *75 tltelns a2orp Bald t7 C of tsy as follaka: SWth d9~ -05'F 50" East, 13.48 feat, t3teTpa Sutth 1 14• East, 57.94 feet; UM M South 890 181 Rest, 66.52 feet; thanoa South 49° OS• 508 last, 187.21 feat; theme Soutb 52 03. 10" Mat 360.25 feet said hi the point 111 beglnttiJW dgh_ of May, North 890 231 30" {lest, 494.88 feats to q. .1 STATE Of OREGON cower & w..hlnawn } ss R. rofAssat t and la,oYorr OF Con. cW* n Delved i atd 1. 1 t of -.-•~-y:- i EK- N COU;ttt. Doc 92019213 Y7'`41 Rect: 73914 988.00 '~i,' 03/26/1992 10:10:4 5AM s:}bit[[ Ticar 710lnaurertcs Company of Cab/orrab Al 0. __~'~S''.in. -r :it.r";:.4..rr~' ;!l~-.d:=~:'.:h':}+::.... ...a~'% .:I.1il,•,'•~',.<.., ,.Sl~l.fi~ i' ycFfLL:L?. •..L/.` _ i!: '7' .:a~ f ,r 1.:.. ~ja.i . .74•.~at. .C. .rl•. af.' _Lii- :i i.r .Ir. :~~:z_'.: .'.t tiRti";S: r Exhibit- x fx. f _ of _ X01 INSURANCE aziy QUCECLALM DSCO-4'tA9'E11OIt1f CORM ao•rourr wa/.fe. ' rolteR..eitttTAla..~a..1101N~..BQS.xNRSS_df_YAHEA.RP.tiT&._IN&._.._..«__..„....... Grantor, a corporation duly ordarti:ed and eristint under the laws of the Staff of 1144 refeasm and puitchdau to Ind m Gnntero• d1 ritM, dife and interest In and to the lollowint doecribed real property, - --ue~ dtcW d in _.._VAStiINGTON.._....._.._.._.___County,. Orotorl, to-wit.' EXHIBIT 'A' ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF rar• SEE .~.ao.,ss 115 THIS DEED IS GIVEN TO TERMINATE A LEASE IN FAVOR OF GRANTOR WHICH WAS RECORDED - NOVEMBER 6, 1983 UNDER FEE NO. 63061311 M/ v^c( aalna cm. comae! e41cowl10N art eaveass Yea f fl TM true consideration for this conveyance la i:.•-•-2IOOlE„-••.. (Aare comply with the requlromente of ORS 9jAJ0) f e^=~- Done by order of the trontora board of directors with its eorposefa soot affrred /fX,. -'F THIS INSTININUrt WILL. NOT Allow USE OF THE PAW91111 Of- , DB RENTS. INC. SCRIOCO IN fIRS INRTNUMlNT IN VIOLATION OFAPPLICASU LANG p5lipf RENTAL A R USE LAWS AND RlCULATIONS. OE/ORE SIGNING OR ACCERINO _ THIS INSTRUNEIIT. THE /!"ON ACWItRNO FEE TITLE To THE 1 ~ FROM" eNOULO CHECK WITH THE APPROPRIATE Ce" OR COUNTY MANNINO OEFARTMENT TO VERIFT APPROVED USU IRWIN D. SCHIMIEL, PRESIDENT ~ _ ¢TATE OF OREGON, County of. _ _1tULE1(OMIW _ _ I& h ' - ? ThIs k-atrument was aeknowledtad before me on 4r v :bjor r y~ PYxE4T~~+L4]Y_PDfi~_QP2ti5. .F % h . Nofarr Public !or Oregon Qj co 9s;.. exp;ras qu[TMAtM PLED _ ` STArEOAOREGON, as. i _ County d 1 i-i` I cafity that the within instru• I' :~_•f' mart was received for record on the ' Z-W l.nraae nww 6. day of I9..«._.. h _LANPHERE ENTERPRISES. In. w at _ O'clock ..__Mv and r+ewrded in book/rod/volume No__ _ an wf's1 SW CANYON RDA - BFAV TON OR 97005 eace.aw a V•a Pete of as /oe/G7•/NlTtru• i v 1•._r t------ rnenf/adaolAm/rewption No~.,_-., ~q~: Racced at Deeds oI sold county. iI i~Fvif lip 7 WifMso my hand and poi of I w• r: U.,n . a«@* Is w I d. II tea Gloo- A. County afficed. - t .y,~ ! .IiaN N .w 1• W I.fM.eae a•4nw ll ~G( 1 ,cca t Deputy S'se;.ia. ~.3.<(.:Z _~t~2~ - :.t. :~'.i ~aa. ~ 1: , i:M~ •I•'li::.i'l :/.•Y' i~ ^F.\ J~.e1 .1 .:vLtl \ `:J 1'a ' 'i.:• •'l'~i.• _ -'~••r' 1.:' rtit ~ ~ :1 ``~1~.: ~ '.f :i~l•1 - ew-1_.. ~ `t' :~•••~"~.I :\,a'. f 1 }t y::;,, .~fl'e'r'.1,•- ~•s"s~ ~.yr.:X•~e`kr'' = y` ♦ Yrh ?Y",•,:'i~`~ ar``t}s~L'.' ~y f,R` ~tw• :-FAA ! ~=~r:f.~ r r ~ i -1 ~ r _ '_:l~c'S ~•:~},7ry .x~ 1 ~'):f fir, n~ 1. • r,•~ r~ -•1 .•r ~::~ta 3 Jr- ' 1 ".va. : ;y1 .'il •'•i: - -~7• • ' "I;i:;4. .w.- . - i' ~ri~a r~P aJy1..l: f.~•~ ::$Yi~C~Z titi.l r --jw,:v'p,`S~t.~ d, %~i~..r 'r•~.:_ - •'.G• ~..~•':°~~s:~.:''IS•+= rf~! 'h• A =,ii`Hd l.r+~JC~I%I.:~rj1"•~'~~.~:. ~.i. ~ ,{f; .1,; aR"t~•f~Y u Exn bit! Paoo f s of lt, TICOR TITLE INSURANCE w5e6266 Asti 1 West, Wil],amette A tract of land in sectiotl 35. TmWttdp 1 6outfi, laaaid State dt _ BMW Hwidim, irk the city of Tigard, Waodr:gton OounLy and of CtegQt, ;bed am MICRMS Begirttir>g at a pofslt on the East lire of a 50 foot amass toad, rdiich point is •4-- SDUt21 32 341 WU Pact, ].61.22 feet free the Norttu+est corner of said Section 35, _ ad point baing Nctth 69 23, 30" West, 10 feat, =xv or lass, !r® the Northwest omnet of the tract described in deed to lialph Coati, 8t W, recorded in Bode 475, ~'Y^ F 185, Qaed paour& or said Dourly; thence t~th 1 141 West 406.46 feat to a arye State rL~t of kaYJ ppint in tttta SDUthml r_ line of r=: lag of vay Sethi 49 005' 54" ~*t, 13.48 fast;: therno South 1 57.94 lest; then= South 89 18, pAt. 66.52 feat; thence Smith 49° os, SO" East, 167.21 foot; them 29 Souti,52 03' 10" East, 360.25 feat, "=,ca la&VjM said hi*,Ay riot of way, North 89 231 30" West, 494.88 fast to the point of begimiM. ~.Y, J I IRr. STM .r. y OF OHEOON S$. = CouMv od vh@Wnoan r3',b/fylll~l f al Assetttrntw4 ddtX vW said ~ _ \rA [ i( Son:' 4 " ;ifL•. d :9. Ell- f' 7 rON CDIJ111~ rc,. ;Ir Doc 92019216 vj-f Rest: 73914 38.00 03/26/1992 10:10:46AH 1l / I wr ~C: Tkor Title bm once CaaN ury of "W-wk j♦ 3' j,. - _ .~~y:':iif: y:~~.~ ~ 1.'r d.:`\_:ti. ~L~:. ~.i' /((4, i~r:],Yy r -"•"~.~1:1 ~~ftif:~' - :i~c:.; . - ~4~'~/ s`~;+4~ :A~:?/~~:~.•'1:~ ~.s. rS} ~ ~ ,.:5 riiel •~.Y'~1i:'• c~:~yti,• <;i.?•• it ( 1 .~%.-•y =~,f Y 1 "Ilk vl;z .~j'~' 9• .ill: ,uc~v.;: i~,: .C. s.: ~•f MAI T~w g3-y~•1•r '•f~~:.>'A:'• •:Y• ~~j ~~'.!'.4,• •i.. •~~15 J.: is ~.j;.11L i• r w ] F ~F.~!~.:: ..t..., d:y: ;t;l', j1't'; ' • \.•ti L.; ~ : zw e"w ]!~~yy . sf • cc" :I.• `~`-7 ~Ea!"y.. •'.,4: ~ ` ~"'t'• _ _ . ti... f' ~ T~~7!f1• . C,. _{►y~'~r...l-r~ii- '.R ..i 1 •~t~'.~~`'~.~:'r:_].~: "'I_.'."... :Yw.\ ...,:ate .n•~ v. - .',.i `.f.S~' r T~..rls'.:7.~Q r.~•uaa5d~! r...~ 1...,~ ` :~i~ s. e.. or • l:': 1 r-' T..'... _ •.t t'ai t~. b Palm of City of Tigard, Measure 37 Land Use Hearing March 27th, 2007 RE: Measure 37 claims #2006-00003 by Lamphere Enterprises, Claim #2006-00005 by Shilo Inn, and all other City of Tigard Measure 37 Claims. Dear Mayor Dirkson and Tigard City Council members, I wish to testify in favor of the subject Measure 37 claimants to retain all of their land use options available to them at the time of their original purchase or moment of initial ownership. When this subject property was originally obtained, it was accompanied by certain land use expectations. Any restriction and/or regulation pertaining to the subsequent use of that property by that owner, or those owners, shall be either compensated at fair market price for their loss of that use, or those land use restrictions and/or regulations should be waived and released from their encumbrances upon the said property and its inevitable use or uses. The will of the majority of voters have created this Private Property Rights law for its most loyal "long term" citizens and taxpayers through Measure 37, and I hereby wish to reflect my full support of its implementation. Respectfully submitted, Robert E. Ruedy 14185 SW 100th Avenue Tigard, OR 97224-4951 (503) 620-5997 AGENDA ITEM No. 7 Date: March 27, 2007 PUBLIC HEARING (QUASI-] U DICIAL) TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: PUBLIC HEARING CONSIDER A BALLOT MEASURE 37 CLAIM LANPHERE ENTERPRISES, INC. (M372006-00003) The Claimant seeks a waiver of provisions of the Tigard Development Code making sales, service and repairs of automobiles, motorcycles and other light vehicles a non-conforming use for the subject parcel. Waiver is also requested of the regulations that prevent the claimant from expanding the existing use of the property. The Tigard Development Code allows expansions of lawfully pre-existing uses as long as the Washington Square Regional Center standards are substantially met or shows complete conformance. The amount claimed as compensation without such waiver is $1,404,810.00. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Due to Time Constraints City Council May Impose A Time Limit on Testimony I:tedmtcathy\city counci1\ccs10nuptph testimony qj m371anphere m372000-00003.doc AGENDA ITEM No. 7 Date: March 27, 2007 This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. PLEASE PRINT Proponent - (Speaking In Favor Opponent - (Speaking Against) Neutral Name, Address & PhonJNo Name, Address & Phone No. Name, Address & Phone No. P6 ~Dy )y I AMOWV6 CG~1-0 C~ 11`0533) &20 Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. 514vc r ~ 'f DO WoS~tidy. 5~ She 701 UeLw%,[ D Le r, W4 116W V3-716-zkjff Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Agenda Item # O Meeting Date March 27, 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Tide Shilo Inn/Cascade Hotel Corporation Ballot Measure 37 Claim (M372006-00005) f~ Prepared By: Cheryl Caines Dept Head Approval: / City AIgr Approval: ISSUE BEFORE THE COUNCIL To consider a Ballot Measure 37 claim for compensation or waiver of zoning and development regulations for property located along SW Greenburg Road in the City of Tigard. STAFF RECOMMENDATION Adopt the attached ordinance granting Ballot Measure 37 waiver of all zoning/development codes and Comprehensive Plan policies which are more restrictive than those in effect on the date the Claimant acquired interest in the property through a leasehold agreement (March 19, 1997), subject to applying for and receiving site development review approval. KEY FACTS AND INFORMATION SUMMARY Mark Hemstreet, Shilo Inn, Washington Square LLC, and Cascade Hotel Corp. are seeking a waiver of the current zoning land use regulations and Comprehensive Plan policies that are more restrictive than those in place at the time a leasehold agreement was acquired on a 1.17 acre site located on Greenburg Road at the Cascade Boulevard intersection. The lease was recorded on March 19, 1997. Ballot Measure 37 established a process whereby a property owner or family member who acquired property prior to the adoption of land use regulations can make a claim if the land use regulation has restricted the use of the property and reduced the market value of the property. The unit of government responsible for the regulation must either pay compensation for the reduced property value or waive the regulation. The Claimant in this case is the lessee of the property, but owns the physical improvements on the property and therefore holds interest in the property. In April of 2000 this property was zoned MUC (Mixed Use Commercial) and became part of the Washington Square Regional Center (WSRC). Previous zoning was General Commercial (C-G). Special site and building design standards are now required for developments within the WSRC. The property is currently developed with commercial lodging (Shilo Inn), which is an allowed use in the MUC zone. Proposed changes to the site and building are unknown at this time because no development plan was submitted with this application. The Claimant's representative, Edward Trompke with Jordan Schrader, Attorneys at Law, states the reduction in property value is in excess of $154,000.00. Documentation supporting this amount was not submitted with the application, but the Claimant reserves the right to supplement the claim with additional materials. Should the City Council choose to grant the waiver, it is suggested that the waiver be granted to the lessees, Mark Hemstreet, Shilo Inn, Washington Square LLC, and Cascade Hotel Corp., and not the land. Once a site development review application is filed, the application will be processed under the C-G standards in place at the time the property was acquired. Development may occur consistent with any approved site development review. Once Hemstreet, Shilo Inn, Washington Square LLC, and Cascade Hotel Corp. cease to be the lessees, however, any expansion or major modification beyond development applied for during this leasehold shall be subject to the rules in effect at the time of application. The differences between the codes include mainly site and building design standards required by the Washington Square Regional Center section. Under the current regulations the minimum front setback is 0 feet and maximum is 10 feet, maximum building height is 200 feet, buildings must occupy at least 50% of a site's street frontage, 50% of the ground floor walls must be windows /display areas or doorways, freestanding signs have a maximum height of 10 feet, and the minimum landscape requirement is 15%. Street standards require wider pedestrian and vehicular routes. The previous C-G zoning required no front yard setback, the maximum building height was 45 feet but could go up to 75 feet under certain circumstances, there were no building design requirements, and the maximum sign height was 20 feet. OTHER ALTERNATIVES CONSIDERED 1. Deny the waiver. 2. Pay compensation to the land owner in which case the City may want to obtain its own market assessment of the amount of compensation. CITY COUNCIL GOALS N/A ATTACHMENT LIST Attachment 1: Ordinance Attachment 2: Staff Report Exhibit A: Vicinity Map Exhibit B: 2/22/07 Letter to Edward Trompke from Cheryl Caines Attachment 3: Applicant's Materials FISCAL NOTES The applicant provided a $1,000 deposit to cover application review costs. This deposit will be refunded to the applicant if the claim or waiver is granted. There are no budgeted funds to pay compensation. CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 07- AN ORDINANCE ADOPTING FINDINGS TO GRANT A BALLOT MEASURE 37 WAIVER OF THE TIGARD DEVELOPMENT CODE AND COMPREHENSIVE PLAN POLICIES THAT ARE MORE RESTRICTIVE THAN THOSE IN PLACE ON MARCH 19, 1997 WHEN THE 1.17 ACRES AT THE INTERSECTION OF GREENBURG ROAD AND CASCADE BOULEVARD (WCTM 1S135BD, TAX LOT 01300) WAS LEASED BY MARK HEMSTREET, SHILO INN, WASHINGTON SQUARE LLC, AND CASCADE HOTEL CORP., AND TO ALLOW DEVELOPMENT UNDER THE TIGARD DEVELOPMENT CODE IN PLACE AT THAT TIME, SUBJECT TO APPLYING FOR AND RECEIVING SITE DEVELOPMENT REVIEW APPROVAL (M372006-00005). WHEREAS, the voters of the State of Oregon passed Ballot Measure 37 in 2004; and WHEREAS, Ballot Measure 37 provides the responsible governing body to either pay compensation for reduced property value or waive the regulations where property is owned prior to the adoption of land use regulations; and WHEREAS, a claim was made by Mark Hemstreet, Shilo Inn, Washington Square LLC, and Cascade Hotel Corp. in the amount exceeding $154,000.00 as the reduction in the value of the property under the Tigard Development code in place on March 19, 1997 ; and WHEREAS Mark Hemstreet, Shilo Inn, Washington Square LLC, and Cascade Hotel Corp. has leased the property since March 19, 1997 preceding the present zoning of Mixed Use Commercial (MUC) and the current development standards. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The attached staff report (Attachment 2) and applicant's materials (Attachment 3) are hereby adopted as findings. SECTION 2: A waiver from the MUC zoning and current development code requirements is hereby granted to Mark Hemstreet, Shilo Inn, Washington Square LLC, and Cascade Hotel Corp. to allow Mark Hemstreet, Shilo Inn, Washington Square LLC, and Cascade Hotel Corp. to apply for Site Development Review under the code and zoning that was in place on March 19, 1997. Zoning was then General Commercial (C-G). Once Mark Hemstreet, Shilo Inn, Washington Square LLC, and Cascade Hotel Corp. cease to be the lessees, however, any expansion or major modification beyond development applied for during this leasehold shall be subject to the land use regulations in effect at the time of application. SECTION 3: This waiver applies to 10830 SW Greenburg Road, WCTM 1S135BD, Tax Lot 01300. SECTION 4: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. ORDINANCE No. 07- Page 1 PASSED: By vote of all Council members present after being read by number and title only, this day of , 2007. Catherine Wheatley, Qty Recorder APPROVED: By Tigard Qty Council this day of )2007. Craig Dirksen, Mayor Approved as to form: City Attorney Date ORDINANCE No. 07- Page 2 ATTACHMENT 2 Hearin Date: March 27, 2007 Time: 7:30 PM STAFF REPORT TO THE 4, CITY COUNCIL FOR THE CITY OF TIGARD, OREGON . , e 180 DAY CLAIM PROCESSING PERIOD = 5/29/2007 SECTION I. CLAIM SUMMARY FILE NAME: HEMSTREET/SHILO INN COMPENSATION CLAIM CITY CASE NO. Measure 37 Claim (M37) M372006-00005 CLAIMANT: Mark S. Hemstreet, CLAIMANT'S Jordan Schrader, Attorney-at-Law Shilo Inn, Washington Square, LLC, ATTORNEY. Attn: Edward Trompke & Cascade Hotel toporation P.O. Box 230669 11600 SW Shilo Ln. Portland, OR 97281 Portland, OR 97225 OWNER: Robert & Sally Schaefer and Gerald Miller dba West Coast Service Company. 10250 SW Greenburg Rd., Suite 102B Tigard, OR 97223 CLAIM: The Claimant seeks a waiver of all zoning/development codes and Comprehensive Plan policies which are more restrictive than those in effect on the date of acquisition through a leasehold agreement (March 19, 1997). The amount claimed as compensation without such waiver is in excess of $154,000.00. AFFECTED REGULATION: The Claimant seeks a waiver of land use regulations that were adopted following lease of the property. No specific code provisions are cited, but the Claimant's representative refers to commercial zoning development, Washington Square Regional Center, signs, landscaping, and off-street parking standards. Furthermore, the Claimant provides no specific development plan.. Because the compensation claimed is for loss of value resulting from restrictions on the existing use of vehicle sales, servicing and repair, staff has limited its review to expansion of that use. ZONING DESIGNATION: MUC: Mixed Use Commercial District. The MUC zoning district includes land around the Washington Square Mall and land immediately west of Highway 217. Primary uses penmitted include office buildings, retail, and service uses. Also permitted are mixed-use developments and housing at densities of 50 unites per acre. Larger buildings are encouraged in tEs area with parking under, behind or to the sides of buildings. LOCATION: 10830 SW Greenburg Rd.; WCIM 1S135BD, Tax Lot 01300. APPLICABLE CODE CRITERIA: Municipal Code Chapter 1.20 SECTION II. STAFF RECOMMENDATION Staff recommends that the City Council review the following report and determine whether the claims are valid. Staff further recommends that City Council opt for a waiver of those standards dealing with Washington Square Regional Center, landscaping, off-street parking, signs and commercial zoning districts. SECTION III. BACKGROUND In April 2000 through Ordinance 00-18, City Council amended the Tigard Comprehensive Plan and Development Code to include the Washin on Square Regional Center (WSRQ Plan. Zoning of the subject property was changed from General Commercial FG) to Mixed Use Commercial (MUGS. In April 20f2, theQ adopted its Ordinance (Ord. 02-12) that implemented the WSRC Plan. Up until this point, application o the planhhad been optional. The provisions of this ordinance, as it relates to the subject of the claim (budding and site design standards), were not in effect at the time the lease of the subject property was acquired by the Claimant on March 19, 1997. SECTION III. APPLICABLE CRITERIA AND FINDINGS Section 1.20.030 states a property owner wishing to make a claim against the City under Measure 37 shall first submit a claim to the City. A claim under Measure 37 must be in writing and include: A copy of all claim documents submitted by the Claimant is attached as Attachment 3. A. Identification of the affected property. Identification may be by street address, subdivision lot number, tax lot number, or any other information that identifies the property. The Claimant identifies the property as being located at 10830 SW Greenburg Road, but the wrong tax lot information was provided. The correct map and tax lot is WCIM 1S135BD, Tax Lot 01300. B. The name and contact information of the person making the claim, the date the Claimant acquired the property, and, if applicable, the date that a family member of Claimant acquired the property and the names and relationships of family members that are previous owners. The names of the entities making the claim are Mark Hemstreet, Shilo Inn, Washington Square, LLC and Cascade Hotel Corporation. The address is 11600 SW Shilo Lane, Portland, OR 97225. The Claimant's representative is Edward Trompke with the office of Jordan Schrader, Attorne),at-Law. The application shows October 19, 1984 as the date of acquisition. This is the date that the Claimant, Mark Hemstreet, signed a Ground Lease on the property. The actual recording date of the lease document was November 11, 1984. On March 19, 1997 another lease was recorded transferring Mr. Hemstreet's interest in the Ground Lease to Shilo Inn, Washington Square, LLG The City's legal counsel has advised this is a transfer of interest to a new entity, thus regulations would be waived back to the date of March 19, 1997 rather than October 19, 1984. The current owners of the property are Robert and Sally Schaefer and Gerald Miller, dba West Coast Service Company. Copies of the leases, title report and other supporting documents have been submitted. C. A list of all persons with an ownership interest in or a lien on the property. A list of interest holders and owners has been provided by the Claimant. The owners did not sign the application form nor did they sign a waiver stating compensation is not sought. A letter requesting signatures was sent to the Claimant's representative, Mr. Trompke, on February 22, 2007. As of the date of the staff report, no response has been received. A copy of this letter is attached as Exhibit A- D. Identification of the regulation that is alleged to restrict the use of the affected property and a statement describing how the restriction affects the value of the property. In a letter to the City dated November 29, 2006, Edward Trompke, of the office of Jordan Schrader, Attorney at Law, requests waiver of all zoning/development codes and Comprehensive Plan policies which are more restrictive than those in effect on the date of acquisition. The Claimant's representative identified no particular code sections in the letter, but did attach copies of sections from the 1984 and current Development Codes mostly having to do with development standards for commercial zoned properties, parking and landscaping requirements, signs and the HEMSTREET/SHILO INN COMI'ENSATION CLAIM STAFF REPORT (M372006-00005) PAGE 2 OF 6 CITY COUNCIL HEARING MARCH 27, 2007 Washington Square Regional Center. On the application, the Claimant referred to building standards under Tigard Development Code (TDC) 18.360, building design standards, setbacks, walkway requirements, signs and landscaping standards. No specifics were given on the compensation amount, just a statement estimating the reduction in value of the property as exceeding $154,000.00. E. A statement whether the Claimant prefers compensation or a waiver, suspension or modification of the regulation, and a statement describing the extent to which the regulation would need to be waived, suspended or modified to avoid the need for compensation. A description of the proposed use must be provided. The Claimant's representative requests a waiver of all zoning and development codes which are more restrictive than those in effect on the date of acquisition. A waiver was also requested to any restrictive provisions of the Comprehensive Plan. F. The amount claimed as compensation and documentation supporting the amount. The documentation shall include a market analysis, an appraisal, or other documentation at least equivalent to a market analysis. The Claimant claimed in excess of $154,000.00 as compensation. Documentation supporting the amount was not submitted with this application, but the Claimant's representative states the Clalrnant reserved the right to supplement the claim with additional materials or information. G. The name and contact information of the Claimant's authorized representative or representatives, if applicable. The Claimant's representative is Edward Trompke with the office of Jordan Schrader, Attorney-at-Law, P.O. Box 230669, Portland, OR, 97281 (503-598-5532). Section 1.20.080 outlines the criteria for making a decision on the compensation claim. In deciding the claim, the Decision Maker may take any of the following actions: Deny the claim based on any one or more of the following findings: a. The regulation does not restrict the use of the private real property. The property is located within the Washington Square Regional Center. Expansions of non-conforming structures are permitted by TDC 18.630.030 - Pre-Existing Uses and Development within the Washington Square Regional Center Mixed Use Districts. Expansions up to 20% of the gross floor area are allowed provided the applicant demonstrates substantial compliance with all appropriate development standards of the WSRC code or if the purposes of the standards are addressed to the extent the expansion allows. Expansions that happen after using the 20% expansion shall conform to the development standards of the WSRC code. It is not known whether the applicant's development currently meets or can meet the WSRC standards without reviewing a development application. There is also a process (Design Evaluation Team - TDC 18.630.110) that provides for flexibility from the WSRC standards. b. The fair market value of the property is not reduced by the passage or enforcement of the regulation. HEMSTREEVSHILO INN COMPENSATION CLAIM STAFF REPORT (,372006-00005) PAGE 3 OF 6 QTY OOUNCIL HEARING MARCH 27, 2007 The fair market value of the property could be reduced because the new code requirements include street improvements, right-of-way dedications, and design requirements for the site and building. Without a proposed development application, knowing whether there is an actual reduction is problematic. It is, however, possible there is a reduction in value just as it is possible the development following the WSRC standards will positively impact the fair market value. c. The claim was not timely filed. The claim was filed on November 30, 2006, which was within the deadline to file a claim two years after the passage of Measure 37. d. The Claimant is not the current property owner. The Claimant is not the current property owner, but does hold an interest in the property through a lease as shown by the title report and supporting documents. The Claimant is also the current owner of the improvements on the property. e. The Claimant or family member of Claimant was not the property owner at the time the regulation was adopted. In April 2000 the Tigard Comprehensive Plan, Development Code, and zoning classifications were amended to include the Washington Square Regional Center. Application of the plan was optional until April 2002 when the plan was implemented. The Claimant had an interest in the property in 1997 and therefore, had an interest at the time these regulations were adopted. f. The regulation is a historically and commonly recognized nuisance law or a law regulating pornography or nude dancing. The Claimant's representative has focused on commercial use regulations and development standards that are more restrictive than those in place at the time of acquisition. These standards are not related to nuisance law or law regulation pornography or nude dancing. g. The regulation is required by federal law. Design and development standards of the Tigard Development Code are not required by federal law. h. The regulation protects public health and safety. The Claimant's representative refers to TDC standards and Comprehensive Plan policies related to the Washington Square Regional Center, commercial zoning design standards, signs, parking and landscaping standards. None of these regulations are required to protect public health and safety. i. The City is not the entity responsible for payment. The City is not responsible if the challenged law, rule, ordinance, resolution, goal or other enactment was not enacted or enforced by the City. By adopting the Washington Square Regional Center standards the City is implementing Metro's 2040 Growth Concept Plan. Still responsibility lies with the City. j. The City has not taken final action to enforce or apply the regulation to the property for which compensation is claimed. HEMSTREET/SHILO rNN GOWENSATION CLAIM STAFF REPORT (M372006-00005) PAGE 4 OF 6 CITY OOUNCIL HEARING MARCH 27, 2007 No detailed development plan or land use proposal has been reviewed or final action taken on to apply the challenged regulations. The City could deny the claim. The Claimant then has the option of making application, which then provides two years from the date of the decision to file a claim, or to go directly to circuit court for a determination. k. The City has not established a fund for payment of claims under Measure 37. No such fund has been established at this time. 1. The Claimant is not legally entitled to compensation for a reason other than those listed in subsections a through k. The basis for this finding must be clearly explained. Staff finds no other reasons, aside from those already listed, to deny the claim. 2. Pay compensation, either in the amount requested or in some other amount supported by the evidence. If the City pays compensation, the City shall continue to apply and enforce the regulation. Any compensation shall be paid from funds appropriated for that purpose. The City may require any person receiving compensation to sign a waiver of future claims for compensation under Measure 37 and the City may record that waiver with the County Recorder. The City Council will need to make a determination of whether funds may be appropriated to pay any valid claim. To pay an alternative monetary claim would require an appraisal of the impact of the regulations and there is no way to determine how that alternative would relate to this claim. 3. Waive or not apply the regulation to allow the owner to use the property for a use permitted at the time the Claimant acquired the property. The City Council shall decide whether to pay the claim or waive the regulations. Staff recommends that should a waiver be granted, it shall run with the person, not the land, and shall be a specific exemption to those standards dealing with Washington Square Regional Center, landscaping, off-street parking and commercial zoning districts. 4. Modify the regulation so that it does not give rise to a claim for compensation. Any such modification shall be for the specific property only unless the City follows the procedure for a legislative land use decision. Waiving current regulations and allowing the applicant to apply under the standards in place at the time the lease was secured will eliminate the restrictions now on the properties use and value. 5. Conditionally waive or suspend the regulation subject to receipt of a defined amount of contributions toward compensation by a specified date from persons opposed to the waiver or suspension, such as persons who believe they would be negatively affected by waiver or suspension, with the waiver or suspension being granted if the defined amount of contributions is not received by the specified date. If the contributions are received, compensation shall be paid within 180 days of the date the claim was filed. The specified date shall allow the City time to process the contributions and pay compensation. No contributions for compensation have been identified at this time. The Decision Maker may take other actions it deems appropriate in individual circumstances, may modify the listed actions, and/or may combine the listed actions, consistent with Measure 37. The Decision Maker may negotiate an acceptable solution with the Claimant or may direct staff to negotiate with the Claimant. In the event that the Decision Maker directs staff to negotiate, the matter shall be set for further action by the Decision Maker no less than 175 days from the date of the notice of claim became complete. HEMSTREEVSHILO INN COMPENSATION CLAIM STAFF REPORT "72006.00005) PAGE 5 OF 6 QTY OOUNC[L HEARING MARCH 27, 2007 The Council shall take final action within 180 days of the claim. The Decision Maker shall take actions 2 through 5 only if it determines the claim is valid. Staff recommends waiver of the current regulations affecting expansion of an existing non-conforming structures, development within the Washington Square Regional Center, commercial zoning development standards, signs, landscaping and off-street parking requirements. The Claimant should file a development application and apply according to all regulations in place at the time the property was leased by all current leaseholders (March 19, 1997). These standards are very similar to those of 1984 with amendments. A decision by a Decision Maker other than Council shall not be a final decision, but shall be a recommendation to Council. This report represents only a recommendation to the City Council and is not the final decision of the City. SECTION IV. CONCLUSION Staff finds that the code amendments related to Washington Square Regional Center could restrict the development of the parcel in question. Waiver of current regulations is suggested. The Claimant can be allowed to apply under the code and zoning in place on March 19, 1997. The main differences being that the property was zoned General Commercial (GG) rather than Mixed Use Commercial (MUC) and there were no site and building design standards specific to the Washington Square Regional Center. The Council should decide whether to pay compensation, waive applicable regulations, or deny the claim based on Measure 37, taking into account the code provisions listed above. An ordinance specifically waiving the existing code requirements to the standards of March 19, 1997 is attached. ( JJL A-X JL COLD March 12, 2007 PREPARE BY. Cheryl Caines DATE Assistant Planner March 12, 2007 APPROVED BY. Dick Bew orff DATE Planning Manager HEMSTREEVSHILO INN COMPENSATION CLAIM STAFF REPORT "7200&00005) PAGE 6 OF 6 CITY COUNCIL HEARING MARCH 27, 2007 a CITY of D Q En GEOGRAPHIC INFORMATION SYSTEM H VICINITYMAP p m m x M372006-00005 W SHILO INN MEASURE 37 CLAIM l~ 0) LEGEND: SUBJECT SITE AGE SHADY LN 'RS FERR z `ter P `~l MT RD Q d EION(TA' D °O o °O D o_ o_ eEEF BEND RD, DURHgIy RD o° o° w w Q Tigard Area Map Q: W H Q °oo d N 0) rn ST NORTH 0 10o zoo 300 400 500 Feet DAKOTA ST_ 1'= 390 feet _ > g , n (0 4\ m Information on this map is for general location only and LLl should be verified with the Development Services Division. a 13125 SW Hall Blvd ra F n a Tigard, OR 97223 I(/ (503) 639-4171 171 rn http://www.ci.tigard.or.us Community Development Plot date: Feb 2, 2007; C:\magic\MAGIC03.APR EXHIBIT B City of Tigard, Oregon • 13125 SWHall Blvd. • Tigard, OR 97223 - February 22, 2007 Edward Trompke Jordan Schrader, Attorneys-at-Law . P.O. Box 230669 Portland, OR 97281 RE: Measure 37 Claim for Mark Hemstreet, Shilo Inn, Washington Square, LLC and Cascade Hotel Corporation 10830 SW Greenburg Rd., Tigard, Oregon Dear Mr. Trompke: This letter is written to request further information about the claim listed above. It appears from the title report and supporting information provided that the current owner of the property listed above is West Coast Service Company. The City of Tigard application form states that all owners must sign the application form or sign a waiver if compensation is not sought by all owners. Signatures were received from those who hold an interest in the property through a lease but not the owners of the parcel. Could you please provide more information as to whether the property owners are seeking compensation with this claim? Thank you in advance for your assistance in this matter. If you have any questions, please contact me at (503) 718-2437. Sincerely, Cheryl A. Caines Assistant Planner Phone: 503.639.4171 . Fax: 503.684.7297 . www.tigard-or.gov . TTY Relay: 503.684.2772 11/28/2006 09:17 FAX 5035981960 , CITY of TIGaRD ATTACHMENT 3 PROCEDURE FOR BALLOT MEASURE 37 COMPENSATION CLAIM City C 7wd Pont Carter 13115 S WHaU Bhd, 74vz4 OR 97223 P&w 503.639.4171 Fax: 503.598.1960 The claim must be in writing and include the infomIation listed below. The claim shall not be considered filed until all of the re uirements of the rocedure are met. FOR AIT USE ONLY Cue No.: 509J ©000.5 Application Accepted Bar _tl Daul,:I a- ~ D (a Date Determined Complete: Deposit. 1000 Deposit to be mfuaded if claim is dewrmined to be valid. If claim a denied and uamawlydetermine i iavaW. the cla;manc shall mimbwse dw C ky for the costs the Coy inc ur in proccsoing tiv dautti If ro®bunement emceeds the deposit, the Claimant shall payany addi[ioual amount within 30 days of a demand by the City for fun If costs un less than the dq3osk, the difference v ill be refunded to the cbimaat- LDENTIFICATIQN QE AFFECTED PROPE,ETY Property Street Address/Location(s): 10830 SW Greenburg Rd. Tigard OR 97223. Tax Map&TaaLotlt(s) 07-3W-24AC, 3402 07-3W-24AD, 1200 Subdivision Lot # (s): CLAIMANT jJYPORMATION Mark S. Hemstreet, Shilo Inn, Washington Square, LLC and' Property Owners/C]aimants/Deed Holders, Cascade Hotel Corp. Address: 11600 SW Shilo Ln Phone: (503) 641-6565 City/State: Portland OR Zip: 97225 (Mach list if more than one) October 19, 1984 - see attached Chain of Title Date Claimant Acquired Property. and Assignment of Lease (Tab 1 and 2) Date Faraily Member of Claimant Acquired Property (if applicable): Names and Relationships of FamilyMembers that are Previous Owners Cif applicable): (Attach list if additional space is needed) Lien/SecurityInte rest Holders of the affected propeny See attached list (Tab 3) Address: Phone: City/State: Zip: (Attach list if more than one) When the owner and the applicant are different people, all owners of the affected property must sign this application in the space provided on the back of this form. If the affected property is owned by two or more persons and not all owners seek compensation, all owners who do not seek compensation shall sign a waiver of the right to compensation. 2ts ;2008 09:17 FAX 5035981960 CITY OF TIGARD [1003 REGULATION RESTRICi1NG USE Ldtucify ncc regulation that u alleged to tesuict use of affected property. Provide a statement describing how the restriction affects tic value of the property. (Attach additional matcrials as accessuy) All regulations enacted since acquisition by Claimant including-zoning and development codes as well as any which may be applicable from your comprehensive plan, unless now less restrictive especially "building standards" under L8,630 and applicable building-design, set backs, walkways, signs an -landscaping standards. See attached historic and current Applicable Code Tab 4 and 5. CLAIM PUFERF_NQE Provide a statement of whether claimant prefeti compensation or a waiver, suspcnsioa, or modification of the regulation. Claimant prefers waiver of regulations. Include a statranent describing the extent to which the regulation would need to be waived, suspended, or modified to avoid the need for compeasatioa Adescription of the mmed use rmtst be provided- (Attach additional materials as accessary) All applicable regulations which are more restrictive would need to be waived. AMOUNT OF COMPENSB 1 LQN The amount claimed 2s compensation I ex es s of $154,000. Provide documentation supporting the amount Said documentation shall include a market analysis, appraisal, or other documentation'-at !cast equivalent to a madwt analysis. Uairnants' Authorized Representative(s) if applicable. Philip S. Harris 11600 SW Shilo Lane (503) 641-6565 Portland OR 97225 SIGNATURES of Ca~h owner of the subject property- DATED this dayof November 20 06 SEE ATTACHED SIGNATURE PAGE P-v 7/5/06 e\ewpln\anuvls\lanl -se appti=daus\bais m=um 37 chi-(a mdoc . JOPDAN 'SCH ~ ~ . ~ 2006 VIA FEDERAL EXPRESS ATTORNEYS AT LAW November 29, 2006 City of Tigard Permit Center 13125 SW Hall Blvd Tigard OR 97223 Re: Measure 37 Demand Mark S. Hemstreet, Shilo Inn, Washington Square, LLC, and Cascade Hotel Corporation 10830 SW Greenburg Rd., Tigard, OR 97223 Our File No. 49614-35948 EOWARO H. TROMPKE To Whom It May Concern Admitted In: Oregon This firm represents Mark S. Hemstreet, Shilo Inn, Washington Square, LLC, and Cascade Hotel Corporation, the Claimants. There has been no change of ownership in that Mark Hemstreet is the controlling unit holder (member) of the LLC and is the shareholder of Cascade Hotel Corporation, its manager. Enclosed is claimants' Measure 37 Demand Form with supporting Direct Dial documentation. (503) 598-5532 Claimants request waiver of all zoning and development codes which are E-mail more restrictive than those in effect on the date of acquisition. Claimants ed.trompke@,ordanSChrader.com request similar waiver as to any restrictive provisions of your Comprehensive Plan affecting the property which may have been enacted following acquisition. Claimants have estimated the diminution of value in the property by imposition of the restrictive codes to be in excess of $154,000. Claimants' check in the amount of $1,000 is enclosed. To the extent this claim may be deemed incomplete, Claimants reserve the right to supplement the claim to submit any additional materials or information which may be required under the statute and/or the City's .r ttc~ requirements. If, for any reason, the City rejects, refuses, denies, or returns this application, this letter and associated documents shall serve as demand, pursuant to P.O. Box 230669 Portland, OR 97281 Phone: 503.598.7070 Fax: 503.598.7373 Toll Free: 888.598.7070 www.jordanschrader.com 4961 a- 35943 356 20.rloc!CEJ/I 1 /?9/100( JO RD...V SCH BADE R11C ' •rroune •s a•w Philip Harris November 29, 2006 Page 2 ORS 197.352(4) for compensation, and shall give rise to the remedies. provided in ORS 197.352. Please contact me or my paralegal, Carol Keddy, if you have any questions. We would appreciate receiving copies of any correspondence, reports, or decisions rendered with respect to this claim. Sincerely, JORDAN SC Edward H. Trompke Enclosures cc: Philip Harris 49614-35943 85620.doclC£J/l1/29/2006 By: Mark S. Hemstreet SHILO INN, WASHINGTON SQUARE, LCC by Shilo Management Corporation, its manager By: Philip S. Harris, Vice President CASCADE HOTEL CORP vfi~ By: Philip S. Harris, Vice President 49614-159488566 e1o6CEJ11 112912006 1 •3 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That 1, MARK S. HEMSTREET, have made, constituted and appointed and by these presents do make, constitute and appoint PHILIP S. HARRIS my true and lawful attorney, for me and in my name, place and stead and for my use and benefit, to sign and execute all applications, notices, and other documents necessary to file OREGON MEASURE 37 claims on my behalf, giving and granting unto my said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done, as fully, to all intents and purposes, as 1 might or could do if personally present, hereby ratifying and confirming all that my said attorney shall lawfully do or cause to be done, by virtue hereof, on behalf of the OREGON MEASURE 37 claims. Dated / Mark S. Hemstreet 11600 SW Shilo Lane Portland, Oregon 97225 STATE OF CALIFORNIA ) ss. COUNTY OF RIVERSIDE ) Personally appeared the above named MARK S. HEMSTREET and acknowledged the foregoing instrument to be his voluntary act and deed- Before me: Notary Public for My Commission Expires: AIAm MNtsTOWCWIK _ Cpnvranion //676764 fumy thttic . Ceiloe to NWeidde CCU* #*canva OpW jun 17, 401 lusiness Registry Business Name Search Page 1 of 2 Busines. Registry Business Name ~ .parch New Search Business Entity Data 11-209.406 Entity Entity_ Registry Nbr T e Status Jurisdiction Registry Date Duration Date Renewal Date 539433-88 DLLC ACT OREGON 10-08-1996 Entity Name SHILO INN, WASHINGTON SQUARE, LLC Foreign Name New Search Associated Names NCIPAL PLACE OF Type PPB MINESS Addr 1 11600 SW SHILO LANE Addr 2 CSZ ORTLAND R 7225 995 Country 1UNITED STATES OF AMERICA 'lease click here or general information about re istered agents and service o rocess. IRE GISTERED AGENT Start Date 006 Resign Date Type GT Name PHILIP S [HARRIS Addr 1 11600 SW SHILO LANE Addr 2 CSZ ORTLAND R 7225 5995 Country ITED STATES OF AMERICA Type G ANAGER Resign Date Of Record 098189-98 ASCADE HOTEL CORPORATION Addr 1 11600 SW SHILO LANE Addr 2 CSZ ~ORTLAM R 7225 5995 Country ITED STATES OF AMERICA New Search Name History Business Entity Name NAM- Name Start Date End Date T_ _ _e _tatus SHILO INN, WASHINGTON SQUARE, LLC EN CUR 10-08-1996 Please read before ordering Copies. New Search SUM ary History Image Action Transaction Effective Status Name/Agent Dissolved By Date Date Date Change 10-04- ANNUAL REPORT 10-04-2006 SYS 2006 PAYMENT HANGE OF htto://eeov.sos.state.or.us/br/pkg web name srch inq.show ded?p be rsn=471124&p_srce=BR_INQ... 11/21/2006 3usiness Registry Business Name Search Page 2 of 2 04-18- REGISTERED 2006 GENT/ADDRESS tj4-18-2006 FI Agent 09-27- ANNUAL REPORT 09-27-2005 SYS 2005 PAYMENT 09-21- ANNUAL REPORT 09-21-2004 SYS 2004 PAYMENT 09-23- ANNUAL REPORT 09-23-2003 SYS 2003 PAYMENT 06-20- AMENDMENT TO 06-20-2003 FI 2003 ANNUAL REPORT 05-08- ARTICLES OF 05-08-2003 Ft 2003 AMENDMENT 09-17- ANNUAL REPORT 09-17-2002 SYS 2002 PAYMENT 10-04- ANNUAL REPORT 10-04-2001 SYS 2001 PAYMENT 10-17- HANGED RENEWAL 10-17-2000 FI 2000 10-17- GENT/AUTH REP CHNG 10-17-2000 FI 2000 10-12- STRAIGHT RENEWAL 10-12-2000 FI 2000 09-14- ENDED RENEWAL 09-14-1999 FI 1999 09-21- STRAIGHT RENEWAL 09-15-1998 F1 1998 09-24- STRAIGHT RENEWAL 09-22-1997 F1 1997 09-30- CHANGED RENEWAL 09-19-1997 FI 1997 02-19- GENT/AUTH REP C14NG 02-19-1997 FI 1997 10-08- NEW FILING 10-08-1996 FI 1996 © 2006 Oregon Secretary of State. All Rights Reserved. http://egov.sos.state.or.usibr/pkg web name srch_inq.show_detl?p_be_rsn=471124&p_srce=BR_INQ... 11/21/2006 -usiness Registry Business Name Search Page 1 of 2 Busines, -~egistry Business Name .1, arch New Search Business Entity Data 11-26-2006 6-201 Registry Nbr Entity Entity_ Jurisdiction Registry Date Duration Date Renewal Date T e Status 098189-98 DBC ACT OREGON 08-14-2002 Entity Name CASCADE HOTEL CORPORATION Foreign Name iNe%v Search Associated Names NCIPAL PLACE OF Type PPB MINESS Addr 1 11600 SW SHILO LN Addr 2 CSZ ORTLAND R 7225 Country ITED STATES OF AMERICA 'lease click here for general information about re istered agents and service of rocess. Type GT IREGISTERED AGENT Start Date 4-18 r2006 L Resign Date Name PHILIP S [HARRIS Addr 1 11600 SW SHILO LN Addr 2 CSZ ORTLAND R 97225 5995 Country [UNITED STATES OF AMERICA Type RE RESIDENT Resign Date Name ARK S EMSTREET Addr 1 11600 SW SHILO LN Addr 2 CSZ [PORTLAND R 97225 Country ITED STATES OF AMERICA Type SEC SECRETARY Resign Date Name PHILIP S ARRIS Addr 1 11600 SW SHILO LN Addr 2 CSZ ORTLAND OR 97225 Country [UNITED STATES OF AMERICA Ne~% Search Name History Business Entity Name Name Name Start Date End Date Type Status 'ASCADE HOTEL CORPORATION EN CUR 08-20-2002 'ASCADE HOTEL CORP. EN PRE 08-14-2002 08-20-2002 :to://egov.sus.state.or.us/hr/nkg web name srch ina.show detl?n he. rcn=91 F, ?n Qfn cramp=RR WO I I usiness Registry Business Name Search Page 2 of 2 lease read before ordering (..;pies.. New Search Sum ary History Image Transaction Effective Name/Agent Dissolved By Date Action Date Date Status. Change 08-10- ANNUAL REPORT 08-10-2006 SYS 2006 PAYMENT 04-21- AMENDMENT TO 04-21-2006 FI 2006 ANNUAL REPORT HANGS OF 044--1188- REGISTERED 04-18-2006 FI Agent 2006 GENT/ADDRESS 08-02- ANNUAL REPORT 2005 PAYMENT 08-02-2005 SYS 08-10- ANNUAL REPORT 08-10-2004 SYS 2004 PAYMENT 08-08- MENDED ANNUAL 08-08-2003 FI 2003 PORT 08-20- ARTICLES OF 08-20-2002 FI Name 2002 MENDMENT 08-14- TICLES OF 08-14-2002 FI Agent 2002 CORPORATION © 2006 Oregon Secretary of State. All Rights Reserved. ttD://eizov.sos.state.or.us/br/Dke web name srch ina.show detl?D be rsn=916680&D srce=BR INO... 11/26/2006 NOV-28-2006 12:36 AMERITITLE,SALEM. 1503 316 0406 P.002 a 0-26A V 124 t - 2600 0. 74,4,c 27at1 0 62.66 e2?2 I 'z 144.97 t ~ 22A 9Z ~4 0 >•3 d. 1~ • I A.. 1 - r if: a84AC 1~IZ.so ~w 89aw 1,267.31 : 14 1 400 1500 Y moo 2 44,0 3 1600 j r ALBEER -TA 4 $ moo 7 aosi 2000 8 19(~~~ law l t r 7D.oa 2100 2aJ o .4 2300 S e ♦ 24OU - • - - • Title - ~ 0 44~g t ~2 320, Church St. N.E: Salem, OR 97 d1t . P-500 r tx~ a+w to mw s`ocar X287 - (i • • i1~8'C~L'rR - . - ~ ~ , ut aos:.rxe momn IFAM ro ; no. ' r~nsT ao ;f(OV-28-2006 12 36 AMERITITLE,SALEM. 1503 316 0406 P.003 Ap I SEIA NEi/4 SEC.24 T7S fl3W wM. MARION t' 73 LrGPI0 - - - - _ .Z / t yr boa 1 / ~ wo _ - ' . _ Y _ I / h ,~•,a r ~y. moot 777r "77- w S1 • I ..SIC N..+ y ..j i. ~ .10~~0 yrwBoL MIS w o., _ A. No Y+l . , 4 l~r an A no2q. . ' • MAPJ(E-T STREET":... _ it tI7. U°c nee ~ ~ _6_l"\. I •.I y.--• - . ANDSM 000 00 00 0 a - I 924 Ot w 0 MOTO. wow - 3 Nonm rob mm vw 1 G awaf~0 M A.elw~orl m ~ : es~^ - gillw W pLY. tem xi L am MA J 7 w_ ; 4' 7 3 AD. to4l 'k I' i C. L W -t- ` •'ti AKIN Y: 320 CANrclf St, WE Salem, OR 97301 581-1431 IRS IW4 R PM M MIT FOR THE PURM OF A3xm a in LOWO OF ME PROM THE MANY AS&Vio B Ip WAR FOR MOM F AIM N f R8 OR LOWW MfA4 At1 M ® BT AN . ORDER lIQ. i c NOV-28-2006 12:36 AMERITITLE,SALEM. 1503 316 0406 P.004 60.00 _ f i Y : f z i 3 3402 ` 0,22 A 4 < w ' A1 308.63 4OW 60.00 88.00 88-00 88.00 j 1., 3700 $ 3600 S 3500 Q I 88.00 r 38.00 woo ALBERTA AVE. 88.00 98.00 MOD ~ l7~ 5800 5960 S Q 38.OOA 88.00 ' hrlrt 88.00 6006 ` ~ 38f.f4 ~ f S ~ Id o ~s. r 6100 S 8 1 88.00 $ 88.00 44 $(~~]Q( aaEE (=y~j{ fy ~4 • lQ D"MOT } AV }Y.~Y l v16 COR Inn . 'NOV-28-2006 12:36 AMERITITLE,SALEM. 1503 316 0406 P.005 LLC6ND SWt14 NE114 SEC.24 T7S Ft3W W61• MARION C: +Y _i•'~" j Wit Tyres P1 ? .7I r~ % .m t MADISON STREET NE :7s• .>m .J - a ~ ` Imo w+ ra. r w R w .,or, f!. ;2Ift sYrBOC TIPfs ~ " • _ _ _ { - ~ ~ . iii T _ • RKET STREET Ni MARK r i MA EY S-TREF_r" wa w r i t '•I` g 000 00 00 0 n 924 01 00 0 ~a~ r w ~ U~ ' 4 f .aoo ~ 1+i .4 ~ f a•.v ~ roe- ^ara w•.+.• 2 a ) of ~ • I -.w..-... . • ' .-mat AJ BEg7A A ' _ V6NVE NE ~r ter. ~ • 9..w .,o. , L- • w ' mo .:m + ro a ~ ~ ~ .vr. ••E oaw•...".-... 4i . ~ Mme nao ~ , Y d6f .m ( •n„ qua a,•• OrIY. ' •4 • J 2 wo • lI ~l •+ro Ym 03OR :AVENUE - WiN NE y1_ . _ - ~J r. , ~ arm •+m • ...o .eo Ty,,:l) f t YolaM r- - .....!^..'Y...._..- 1 4 t r - 8 • • I •w ac" , m'0° - L- 7 3W 24AC .e. w ono,W:+.b toot ~ ~ ~ ;9, + IAOD AVENUE. - F. ` .tW^t_ E S :i AL M 320 ChuMb SL RL 1 salm, OR sty 581-1439 I ~ ; TICS MAP D R Mn MW FM, I 7W PUR W OF iStIiM I M19ME , LOCA M OF THE FQ0Mti iU COMNMY ASUH 10 UVM FCR Y f' w ~ oR Asmmos a a l;LM lMRrEC ORDER um TOTAL P.005 T1COR TITLE INSURANCE COMPANY TITLE PLANT 1629 SW Salmon - Portland OR 97205 (503) 2244)550 • FAX: (503) 219-2212 October 25, 2006 Rene Nicolescu Ticor Title Insurance Company Portland Office (Escrow) 1629 SW Salmon Portland OR 97205 Phone: (503) 219-1100 FAX: (503) 219-2219 Tltle Number: 885754 \j Regarding: Shilo Inn LLC Property Address: 10830 SW Greenburg Road Tigard, OR 97223 County: Washington The following is a list of documents (Deed, Leases and Contracts) that affect the following described property from February 7, 1969 to October 17, 2006: 1 Warranty Deed, including the terms and provisions thereof, From: Herbert Olson and Enna F.E. Olson To: Hugo Paul and Harriett Paul Recorded Date: February 7, 1969 Recording Number. Book 732 page 509 2 Deed and Purchaser's Assignment of Real Estate Contract, including the terms and provisions thereof, From: C.G. Potter, whose wife is Phyllis J. Potter, Robert M. Schaefer whose wife is Sally Jo Schaefer, G.V. Miller, whose wife is Becky Ann Miller and James E. Boatwright whose wife is Margaret E. Boatwright dba West Coast Service Company To: C.G. Potter, G.V. Miller and Robert M_ Schaefer dba West Coast Service Company, Recorded Date: June 14, 1972 Recording Number. Book 872 page 108 3 Warranty Deed, including the terms and provisions thereof, From: Hugo Paul and Harriett Paul To: G.V. Miller, C.G. Potter, J.E. Boatwright and Robert M. Schaefer dba West Coast Service Company Recorded Date: October 1, 1972 Recording Number. Book 899 page 657 4 Quitclaim Deed, including the terms and provisions thereof, GENERIC LETTER (L74) . ELO/Z0018 Jammes eAU01 r W03 8T1Qj031t0m0J3S3 XVJ1 LL Cl 9002/9Z/OL From: Becky Ann Miller To: Gerald V. Miller Recorded Date: February 24, 1981 Recording Number: 81006353 5 Memorandum of Lease, including the terns and provisions thereof, Between: Gerald V. Miller, Clifford S. Potter and Phyllis J. Potter and Robert Schaefer and Sally Jo Schaefer, lessor And: Chi Tsung Pong and Wen Chu Pong, lessee Recorded Date: November 15, 1984 Recording Number. 84044772 6 Assignment of Lease, including the terms and provisions thereof, From: Chi Tsung Pong and Wen Chu Pong, assignors To: Mark S. Hemstreet, assignee Recorded Date: November 15, 1984 Recording Number: 84044776 7 Assignment of Lease, including the terms and provisions thereof, From: Mark S. Hemstreet To: Shilo Inn, Washington Square, LLC, an Oregon limited liability company Recorded Date: March 19, 1997 Recording Number: 97024340 8 Bargain and Sale Deed, including the terms and provisions thereof, From: Mark S. Hemstreet To: Shilo Inn, Washington Square, LLC, an Oregon limited liability company Recorded Date: March 19. 1997 Recording Number. 97024339 9 Landlord's Consent and Estoppel Agreement Lessee's Exercise of Option to Extend Lease Consent to Assignment of Lessee's Interest, including the terms and provisions thereof, From: West Coast Service Company, a general partnership, lessor To: KeyCorp Real Estate Capital Markets, Inc., lender and Mark S. Hemstreet and Shilo Inn, Washington Square, LLC, an Oregon limited liability company Recorded Date: March 19, 1997 Recording Number: 97024341 10 First Amendment to Landlord's Consent and Estoppel Agreement, including the terms and provisions thereof, From: West Coast Service Company, a general partnership, lessor To: KeyCorp Real Estate Capital Markets. Inc., lender and Mark S. Hemstreet and Shilo Inn, Washington Square, LLC, an Oregon limited liability company Recorded Date: March 19, 1997 Recording Number. 97024342 11 Quitclaim Deed, including the terms and provisions thereof, From: Estate of Clifford G. Potter (aka C.G. Potter) deceased anda Phyllis J. Potter To: Robert M. Schaefer and Sally J. Schaefer and Gerald V. Miller dba West Coast Service Company, a partnership Recorded Date: July 15, 1997 Recording Number. 97WA845 GENERIC LETTER (LT4) ELO/£OO18 aa~(a~es ea(uoI 0103 aT1LIl03tI0M0.1as3 XVJI LL :U 90OZ/9Z/Ot THIS IS NOT A TITLE REPORT OR OPINION ON TITLE, since no examination as to the sufficiency or effect of the documents listed herein has been made. The liability in connection with this Service is expressly limited to the sum paid therefore, and the issuing company will not otherwise be responsible for errors and omissions therein. Sincerely, TICOR TITLE INSURANCE COMPANY Lori Guzman Title Officer cENFaic LMEA «ru CLO1000 1 aaAffies eduol a W0J'aj~T1103116M0J3S3 Xtl3I 81- El 90OZ/9Z/01 1 KNOW ALL MEN BY TgESE PRESENTS, That ....-_HERBERT OLSON and ERMA-F.. E. OLSON,.husband " _ Mroindl • celled the tramor, for the curWdeta6on hereinafter stetd, to grant- pod by H11G0 pitgL ends HARRIET PAUL. husband and xi . - r_ h- V&-ft- Called the ie.Wee. does heedbr 1ra^4 tJain• .eft and cona'ey unto the .a;d aran6m and pranees's heir.. auaeaaeon and aaaigru- that . • rwtain rod peogwrty. with the tcmoa oh, trreditarrrents and aapurte:nancea thcrauata bolos" or appertaining, wit- ,ate i.. the Caanty d .Wash 1 nAOn State at Ote/oa, described at fdlwra ~to-w;t. Beginning at the SW corner of the D.C. Graham Donation Land Claim No. 52,_I .RZ,0C.4;,M., Washington County. Oregon, and running thence d ong the S line o said Donation Land Claim 1007.9 feet to an iron pipe thence N 0' 28' E 843.9 feet to an iron pipe an the E line of that certain tract of ]and conveyed to Andrew Wormsborg by deed recorded on Page 9 of Volume 201 of lashington County, Oregon, Deed Records, which point is the true place of beginning of the herein described tract; - thence frw the above described true place of beginning S 85' 58' W 447.5 feet to a point in County Road No. 179, which point is on the northw-sterly line of said Wor mborg Tract; thence N 40' 00' E along said northwesterly 11ne and in said County Road 294.1 feet to a point; thence.5 74' 20' E 268.4 feet to an iron pipe oti the E line of said Wormsborg Tract; thence S 0' 29' W 121.3 feet to the place of beginning. 7o Hava and to Rofd the same urdo the said /[ante. and 'arawdm'a heirs, su<eessors acrd amigm lot-r. And Cod draufo, hamby =weAants to and w:th said J-d- and ~rar,tee a hwra, ruecessors and e,a.ilra,, that &aamr !-tatty -aced en lee amW6 of rho obarre aramad pnr. i-N tam hoe, off encuaabrences and 11W grantor will -rrasd and lor.rer defend the aloe. fr ented praauum and every part and p4mat thereof a4a;n.t fhe I-- hod daima std damaeads of aff per.orca whoa-vo , amdpt thaw daia.ug .o,da the ah- a-ibad aneumbranoee: r/r to ad adar.l our.sideration paid for the. trur,far. ttated in teeau of dollars. i■ S. 23,7Z2..57.-..-----. mRowe.er. the actual aorniderafi oortti,ts of or inrhdm other property or ralue divan of p rodused wh" is ad C& ch. .6.1. oduidaratl«I (irditafe wlurb).O - . a . rat cv-w4win` this dood and where a -dLo so r.Q%ures, fhe cnWar ;rw"- the ph--f. wirwrss graders Taro! tbra _..._..._a.anoary _ , it. 69..... ~ h.f ASbw6 mJ - _T-~.......,1. srwTG;OjFCounty ) 95. hWpo:>}arXayp.ar,.d clue abe-. -sad _1fr~bect..I]Isoa..anti Erala-..F...-E__AlsoniL-husb~~ _.:..~.-•f: ~oP, .....amend..rct.few---~----•,._.._.._........_..-... : -d d er~ris~l~d~e err lt~~i..a in.ervabne e. ba _tileic...... - SYta _r _ -Ai..'Notary Pubic tar Owd0e ,.l - - - w ar - wsLl - Atr oomaliniaa acoirw `Tea=1F'•L~r i.~ ~-a m......,~.....►.+i w...a. r. ow w. a.w+ .....w...~..:.. ar a. a s,,.l,,,. s° WARRANTY DEED of oar;QGN . ~ y _-~LSON_st.ux___,.._-- r . `a' e,va a-"A ^ 1 N D F X E 13 . 1. Ilopr TMnw•e~ OManor d n.oc•ac weal . r%.;.- and Eadnrt:e Fk-dw of Ca-"-- -V. PJWL.._et fug . ••we•.'da m w re oe w.r.w _'Vfv that tn..mom. e ..w .aea+w.... -woman- at ..r:e ey ..ae --d .d. eaeaed.d Of w(rca we oe waruww sv r''O- - . - _ ~ • - : ; - d add Car^q . v Oak- aer nrW ana ~ ROr,>:N ritOraSSEtt, t7leaCar of l~t fix I 8 59 QM.., q?u3 732 i>1GEI C9 CLO19009 lanrhes- eAU01 F w03 di1LI100t11JM010S3 X.VJI 8L'Cl 300.7/5Z/OL E ' 1578 DFE0 AVO ?URCHASSa'S ASS;G:1'C__.i GF =.?FL EST,I! C04TRACT THE aRANTOFS, C. G. P03r;R, whose r'_fe is Fh71115 J. Potter, ROBERT M. SCFAZFER, wtioae wife is Sally Jo Sch&t fer, G. V. MILLER, whose wife is Becky Ann Miller, and JAM=S E. ~QR i~=Gifr vhose wife Is Maroaret E. Boatwrl:,ht, dba :JEST COAST S_RTIG` COY'PAN*Y, a partnership, for value received, do hereby convey and quit claim to C. G. POTTER, G. V. M'_'_'.LER and ROBERT :a. SC7,L`R, dba ''Iesz Coast Service Company., a partnership, the Grantee, the fol'_cwtr.r, descried !eai estate, situate in the County of Washington. Stite of Cregcn, including any interest the:-ein vhlch arar:tor-may berear..:er acg1il e: A tract of land in the ::o!-thwezt ona-,,Iazter or Section 35, Tnwnshlp 1 So M'j h ?:-_r-=e ! 'lest of the Hillamette Merl- d:an,.Wash n3tofl"C~ -scrlbed as follows: Beginning at the Southwest corner of cop U. L. Graham Dona- tion Land Claim Ao.52, Tor:nshLc -1 South, 2ar_ge 1 Hest or the Wi'_lamette Meridian, ties:Snr cr. County, Oregon and running thence Nast along the South line of said Donation Land Claim 1007.9 feet tz an 1.-c:: alfe; thence North 0028' East 843.9 feet to 'an S:-z.n 01ne an the Fast line of that certain tract of land co_:-:e7er to And rev Wor=borg by deed recorded on Page 9 of volur.e 20-1 of Washington County, Oregon, Deed Records, which point Ls the tra:e place of be- ginning of the herein described tract; thence South 85058' West 396.67 feet to a 1-Inch 'z-cn z!ia:t as reset at station 30+56.2 P.O.S.T. of Was" on Count:r load Plat No. 2043 (s.W. Creenburg Road) Su2--:cy cf Auri_ IS=7; thence along a curve to the right, with a radius of EZ5.2 feet and a long chord which bears North =°_o'14'45° East 48_31 feet to a 3/4 inch Lon pipe; t.:zrce along the Fast right of way of said C. R. 2043 North 4CO15' East 225A2 reef to a 3/4 inch iron pipe; thence South 7mc24' Eant 225.29 feet to a 1-inch channel iron; thence South 000l6' 'tczt 121.?9 feet to a 1-inch iron pipe, the t:--:e point of tegimning. SUBJECT TO any ri,zhts p-esent_c existing ty the city of Tigard, Wathington Count=, and the ..tczger Sanitary District. SUBJECT To easements, _estricz'_or and reservations of record. and do hereby 'asslgn, transfer 2nd set ccer tc the _-antee that certain real estate contract dated the '-'da;; of ?icve-her, 1971, between HuCo Paul and Harriett Paul, huzbard ernd life, ez seller and G. V. Millcr, C. G. Potter, J. E. 9pdt•47:F7t and Retert a. Schaefer, d1h; .•:eGv Coast Service Co=any, a pd-tyerztip, as nizc-reser for tb Ti and purchase of the above dencr_ieri -►!l estate. The grantee i lop .fir. --'ti - - - - ~ L t L //((`/1^~ 4_!:O /500® JaAmeg ekuol W03 8jjTlao3Tly'60j3S3 XU3I 8l:Cl 90oz/9(11/01 8utta,Seti:fidsctusoitslriNrts' . _ _ _ _ - .co. •an„.ctr,..-:twee'! - , _ _ 32 W AORANT 3D ED KNOW ALL MEN BY THESE PRESENTS, that HUGO PAUL and HARRIETT PAUL, as tenants by the catircty, in consideration of Forty-five Thousand Dollars ' ($45, 000. QO) to grantors paid by G. V_ MILLER, C- G_ POTTER, J. E. BOATWRIGHT. and ROBERT M SCHAF_.FER. dba WEST COAST SERVICE `I COMPANY, a partnership, hereinafter called the grantee, do hereby grant. bargain, sell and convey anto the =aid grantee and grantee's heirs, successors sad assigns, that certain real property, with the tenements, hereditatnents and appurtcnauceethereanto belonging or appertaining, situated in the County of Washington. State of Oregon. described as follows, to wit: 2 A A tract of land in the Northwest one-quarter of Section 35, Township j South. Range L West of the Willamette'Rieridian, WaYhingta"nCoitntg. ; Oregon; desclri'bcd-zs folio.vs_ Beginning at the Southwest corner of the D. I.• Graham Donation Land Claire No. 52. To-,.ship I South, Range 1 West of the Willamette Meridian. Washington County. Oregon xnd running thence East along y ;he South line of said Donation Iand Claim 1007, 9 feet to an iron pipe; thence North 0'28' East 843, 9 feet to an iron pipe on the East line of that certain tract of land conveyed to Andrew Wormsborg by deed re- corded on Page 9 of Volaate 201 of Washington County, Oregon. Deed ' Records. -which point is the true place of beginning of the herein do scribed tract; thence South 85'58' West 396.67 feet to a 1 -inch .3 iron shaft as reset $t station 30+56_2 P. O_ S. T. of Washington County %_1 Read Plat No. 2043 (S. W_ Greeoburg Road) surrey of April 1967; J thence along a curve to the right, with a radius of 696. 2 feet and a long chord whi^_b bears North 3$'16'45" East 48.81 feet to a 314 inch i iron pipe; thence along the East rsgkt-ot-way of said C. R- Z043 North 40.15' East ZZ5- 82 feet to a 3/4 inch iron pipe: thence South 74'24` last 228. 29 feet to a 1-inch channel iron; thence South 00'161 West 1Z 1, 39 feet to a 1-inch iron pipe, the true point of beginning. SUBIECT TO any rights presently existing by the city of Tigard. Washington County. and the Metzger Sanitary District. To Hare and to Hold the above described and granted premises uaro the said Qran:ee and grantee's heirs, sacceseors and assigns forever. And said grantors hereby covenant to and with said graatec and grantee's heirs, s.accessars and as&igftr: that grantors are lawfully seized in fee simple of the above granted premisee, free from all eacumbrances. and that grantor's will 7 warrant and forever de(eed the ahovc granted premises and every part and parcel thereof against the lawful claims and demands of all persons whorrvoever. In construing this decd sad where the context so iequires, the singular includes the plural [VL~g ^ :i . y . WITNESS grantors' hands and seal this /y-Ze-day of November, 197 ' a Paul (d 74.F S ~ Harriett Paul 893 657 CL ()/ZOO 18 lahme~ e~~.tol F '103 a11t1-t0a11,jm0J3S3 XVJ1 at:Et 90OZ/9Z/Ot rw., ti. rn-awrnewr pre Ww,•.r.r. c«~•«1. . _ _ ....r.--.~..-~,..:.......~.......e 91 0 0 635 3 I! KNOW ALL MEN-OV THESE PR1±4ENT5, chat BECKY AN4 MILLER , hereinafter cntkd Rranror. for fhe eonsid.rodon heeeinolfa mated- don hereby amity, -ka.e and gt"Idalm rnd° GERALD V. MILLER I) hereinafter cdhd #.ntee, and vwo /rant.: a hdis. wrores.or. and m.idm all d the 4ran(1W. 4 fht, Nek and interact A = In that artafn real property ~Jfh the fenernprf. leradrte.nent. errs ePp°rtenence. rhenvruo bebn&-4 w in any. Wl.e aVA-Vainind..it~a~ed in the Cowrtr Of lM11111GT014 , Stara d Ore yon- deralbed as latto-. r--wit: `I A tract of land in the Norchwest one-quarter of Section 35, Z Township 1 South, Range -1 Wecc of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon. described as follows- Beginning at the Southweac corner of the D. L. Graham Donation Land Claim me. 52, Township 1 South, Range 1 West of the WilLamette Meridian, in the City of Tigard. County of Wash- 1 I Lngton and State of Oregon, and running chance East along the South line of said Donation Land Claim, 1007.9 feet to an iron pipe; thence North 0'28' East 643.9 feet: to an iron pipe on the East line of that certain tract of land con- veyed to Andrew Wormsborg by dead recorded on Page 9 of Volume 201 of Washington County, Oregon, Deed Records, which \ point to the true place of beginning of the herein described tract; thence South 85'58' Nest 396.67 fact to a 1-inch iron CJV shaft as reset at station 30+56.2 P.O.S.T. of Washington County Road Plat No. 2043 (S. -W . Greenburg Road) survey of _ I April 1967; thence &Long a curve to the right, with a radius of 686.2 feet and a long chord which bears North 38.16'45" East 48.81 feet to a 3/4 inch iron pipe; thence along the East right-of-way of said C.R. 2043 North 40'10' East 225.82 'I tJHaea feet to a 3/4 inch iron pipe; thence South 74.24' East 228.29 3 ( r~aatr feet to a 1-inch channel iron; thence South 00'16' Wear_ 121.39 h " patter; feet to a 1-inch iron pipe, the true point of beginning, t i `t1tl1a" EXCEPTING THEREFROM the following described tract. 1 ' i Noe- A tract of land in Seeclon 35, Township 1 South, Range 1 wear. 'by of the Willawecte Meridian, In the City of Tigard. County of Washington and State of or or'; and being a portion of that e tract conveyed to Herbert Olson, et ux, by deed recorded in Book 649, at Page 240, Washington County Records, described as follows: ST.rTL ca,.. Beginning at the Northwest corner of said Olson tract, a paint in Creenburg Road and running thence Souch 74120' East to the d r.r Southeasterly line of Creenburg Road, being the true point BECI of beginning of the herein deeertbed tract; thence South u~ 74'20' East on the North line of said Olson crnct, 125.00 rrt~ feet co a point; thence Southwesterly to the South line of said Olson tract to a point which bears North 85'58' East ..er.P 250.00 feet from the interaeccion of the South line of said e". Olson tract and the Southeasterly right-of-way of Greenburg 64 9n 1 Road; thence South 85'58' West 250.00 feet co the Southeasterly right-of-way of Greenburg Road; thence Northeasterly along the AL! Soucheasterly right of-T of Greenburg Road to the true point of beginning. Becky Ann NJ ller rears°'otrwon 1190 SK Renee Drive Portland. OR 97225 C_. V.0V.r,ae.,, Garold Y. Miller c ene f:ucua,. and Er-nacre aaoe.aer d Can- r 10250 5N Greenburg Road, Suite 2058 ....ao.. IV e.,d b aa.er a„a,, .err Portland. OR 97,223 t: a "MEd W e d -d Gera]; V. Miller .,~.o„ etwea ttr°er6Err o..t..r e~ d P.ead. a lrror•Me 10250 SW Greenburg Road, Suite 2058 rrt r+.w Portland, OR 97223 /°d C4 W 0 Gerald V. Miller 10250 SW Greenburg Road Portland, ON 97223 IS31 f EB Z4 111 9: 34 • i CL O/SOO18 J@AaeS eAljol F W03 811i1J031i0M0J3S3 XVAI SL El 90OZ/9Z/01 10/26/2006 13 18 IFAX Escrow@TicorTitle.com Tonya Sawyer f~009/073 ~ J ? ,Qj/ 4OW 0 4E 6 1!0 fit 033 1961 EZ216 Vo 'pUfl3jOd `I pvoe Sinquaai!) %S oSZol ~a!!lN 'A AtQ~o9 0 '~7Jp £Z216 tl0 '9uel3Jad- ••anq~ rWw.tl p y ...d..... 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Sao n"mk-O'•b r»II •..~4 ~•o!r••'71) tp C4ayn..ts~!PU) uo~Je~aprmm -f ynyn P-!-Om Jo "'A# MPS AC IJJPdCJd JagM MP+far+t Jo p ys(mw rmp•J.pMMO IDMW N) yy~~N j w, '•J•J1oP to rnr,~y ui palelr'J.PvraJJ •1yi J% PJ•d uOg-1PP"m P»y.» Pw .nq .q,~ raJVrv PLOW -0-0m •ZAW4 c yP.a1 Puv 4.;-4 PPl• rqJ own .war wJ/ PIoH of A•• r.rH of e,oR wwr r.o Yo.v.xlo r•+U~w 'nn7rrrrw »rw .u i i i L a ~•!M a« !W JD~ r F:Ef'DRANllllk Of' LEASE THIS MEMORANDUM OF ! = 'E ,!-'.e: ?his }i 'd;e- .1. a Gerold Y. Mlller. Cliffv_ru 'J, • tie, _+r1i Plttlii; J. t•~t:c,**'1mt.t: nrr!. h. S-:6dfrr '►^J g ` ally J0 Schaefer here na'f vcr ca i I,r' I'r- ' ~E5S(►9~, Whoa: `rdre~s i; '.i~5it S.'jl ree~~u-s r- . ot~ad, St pSB, Port land , OreSOnZ f+~ _um = Rr• ,r.~+c •t J I orqrv:. l~ Winer t _7 I NF 1 end C >L T a n P r_.. na z-76c- , f~ F% h" etfte' cal,r.and . Lt3 and NtYG.::; t'iti S` j e principal place of busini:;a is loci ed a_ 9t;i2_twr - - LESSOR cixs I.erei.v.lez;, to _ESSE< that Certain premises with improvL(rL,::s arv± appurtenant easenrpts, if arty, sitlWtcd in the City of ii ard. described =.r. EEHI31T A attached hecetri and made a part hereof. TO HAVE AMU 10 HOLD for a term zorrencin-3 as of February 1, 1984. and ending thirty (30) years froo F-bruary 1. 1944.. I • Furtheo LESSOR One-, hereby grant to LESSEE. the right of option to extend the term of this Lets!: upm the expiration of the original tenn for success%e perfod.b aggre9a:.i.r; twenty (2ti) years. Tile rentals to be paid by LESSEE and all of the obligations and rights of LESSOR - and LESSEE in respect to tae above described rental for the orloinal tern and the extension thereof are set forth in a certain lease dated January2l " 1984 executed by the parties hereto. This instrument is merely a memorandum of the aforesaid Lease and is subject to all of the terms, conditions and provisions thereof. In the event of any, inconsistency between the terms of said Lease and this instrument. the terms of said :FL Lease shall prevail as between the parties hereto. This memorandum is binding upon and shall inure to the benefit of the heirs, successors, assigns, and executors and administrators of the parties hereto. IN WITNESS WHEREOF. the parties have executed this memorandum as of the day and year first above written. LESSOR: \ L SFE: r d v. Mf~ I t . 8M. r _ r (for Potter 0 e r efer - - - 1~-9 -Z _ Sa 114 (0 haefe County of 1. the j:~anrs;gned, z P tart' public in and for the state of Washington, hereby certify:: that on this d day of 1984, personalty appeared befcre me RODERT M. SC11AE. . SALLY JO SCHAEFER H b it C FORD G. POTTER and PHYLLIS J. POTTER H b an GERALD V. MILLER to me known to be the i tvidua s described in an who execut ore-c .nstrurw-it, and 4eknowlhed that they -signed and seeled :,:e cam A ' 1w ee and voluntary dC;: and deed, for te uses and purposes xherein M-r. e~ h _ Given under my hand and rfficial sea. the day and year 4--.t. -+,-.v-, •.rr`itOe.r' , STATE OF V89MW44 or UDn ry Public In an j or County of ~ e~nalli.tgtoil Washington. residSIli at _ 1. the t:1dzr:igne4. a notary public is anJ fore Ut-.Z ai ....ry~'ti: • ify , that on. this Ugjday of January, m..rsonally appeared before ale &IAM F. BRENNER and LORENE SRENNER, H b N, and to m~A&)fn ~ti be the IndIv.rim .+:stn be ifs and .id execute the orego e9 ns.runrent. 4ad'%ackno4v14Vted that they +i a eJ.•4 sealed the ssrre a.% their free and volunWry act At.d _47A6s+" cnd.purpesrs ch_70In nentloned. -P udder my hand and a'ficlal seal the day and y r It above wts en. . o ry Public li a for the It0te of Z''' rj sif1'9~pfc7pxx 'vra~ s... :.~--••i~::,.:_..,i.~ ON- ~ .11Y- Comml.esicp $xp~'f~'^~SfS"r~,L18'' - ELO/OLO~] JaAACS eAU01 w00 811TiJ03TID)b013S3 Xb'3I 81.EL 9002/9Z/0L .r - - -~ti l EXHierT A A tract of land in '-he Northwest, one-quarter of Section 35, 1 South, Range..l_West of the Willamette Meridian, in t:.e city of - Tigard, County of Washington and State of Oregon, described as ollowe: BEGINNING 4'- the Southwest corner of the D. L. Grahau Danatioc i.enu Calm Fo. 52, Township 1 South, Range 1 best of the Wi1jameCte V:•_rid'_zn, in the City of Tigard, County of Washington and state oC and running thence East along the South line of said D*.!a-,i(jr_ t^~J lama, 1007.9 feet to an iron pine; then,'e Vort* 0`28- ea=t 3-'.7 Feet to an iron pipe on the East line of that c~rta:a tract :-onveyed to Andrew Wvr:asborq by d_2al recor".: , o,, pac« 9 • Voluvi 201 of Washington County, Ocegaa, Czed Recc w?lich pots= is the true place of beginning of the ha.-e_. descriLful tract: thence n-.L'n 85'58' West 396.0 feet to a 1-inch iron .!+rft.z_ re-;-c_ at ,ration 30+56.2 P.O.S.T. of --lN:t'y Ran-! Piat No. i:'." ' Gr•_,enburg Poad1 survey or Agrit 196 ha,vt z;lcng ? Oarr:` to the right, with a radius of U6.% poet and ^u] .:rosd cni•-h 'trs r:o:t1 3V,'.6'45" E96t a?_8:. Feet to a 3/4 inch r•;; c the Eas: tight-oF-way of said C. R. 2043 North 40°s'. - to a 3/4 inch iron pipet thence South 74'24' East 2id::. incy c:,_inel iron; thence South CO'16' Nest 121.39 feet t- i ;-inan i-` ?ton n:pe, the true point as beginning. - Za S?4''NT NO. 1 :QGETHSR WITH a nun-exc_esive eas"-int for road _,ld ?urpises .a s^t forth in easement agreement, recorded J:no 28, 197' la ejok ~s 2178, nas= 69, Washington County Cred Records. TASE'~1_2iT t+0. r~~r•!rfi WITH an easerNrnt for road and utility o•i set 'n :r cr,~.~Teo: agreement rnc;)cdcJ July 20, 19773 witi, 7902;,579, tar 1 .yr-=.»:-','~'~`.a,..--• ::mot,.. •1• L'!0/110~ JaAmes eAu01 . WOO 8T1T1J031.L@1AOJ3S3 XV3I 8l £L 90OZ/9Z/01 l(t•ATE OF ■ (POTON - County the uadorsigned, a notary public Su , State of 11-' iiadtoa, hereby certt'~ thatoo thla dayy Of February, 1884, Mr!unri'y before me S(~ ppl(g - and WrA CEU POW. buaurx i aa•1 to me kaoea to be the to- 41-1du4le de rlbed to u.! eha ~aacuted the far•2rdinQ toatru- oent, tud aa1taoeledCe4 that thoy alpted and aealad the ea" v their tram and rolaatary ♦ct mad -'yad, for the aeee and Ttt'pc.ee Cbere l0 mentloaed. Ctraa under my h:+ad and ptyiclal sea! :au -Ay ♦ad 't _ year 1a-t a!•o•t nrltten. /jrr) c - t+o p::h ,ic aed o t::~ (ete n~ of t4ahir -•e, eeetdlaS al J - - ~ rt, w drtatw 77 _ .V Mq afaNMai~.I VrMOtL:`ta\ nt' .wed-• ELO/ZLO Jah:ne, EA.U01 r WOJ'a11!1J0JL10M0JJS3 XVJ1 8t Et 90OZ/H/01 /15~8 V477 AS S IGNMr.RT OF LEAS S . ASSIGNORS: CHI TSUNG PONG and WEN CHU PONG 21 ASSIGNEE: MARK S. LiEMSTRGET $ 6 • DATE: 1. Assignors, as defined above,'hereby aneign all their right, title and interest in and to the lessee's 4 interest of that certain Ground Lease dated January 31, el 1964, between WEST COAST SERVICE COMPANY, a general partnership, lessor; and WILLIAM F. BRE WR and LORBNE BRMNER, and CHI TSUNG PONG and WEN CHU PANG, lessees,' concerning the property as described it Exhibit A, at, tached hereto and -incorporated herein. 2. Assignors warrant that the -leasehold interest being assigned herein is free and clear of liens and encumbrances arising by or through Assignor. Assignors warrant that the Ground Lease, as of the date of this Assignmant ie not in, default and this Aesigntrent shall MI not constitute default under such lease. - 3. Assignee, as identified above, by acceptance of - this Assignment, hereby agrees to assume and by these presents does assume, all of the irl,ghte and liabilities of the lessee under the Ground Lease described above. I~ The true and actual consideration expre ed in terms of dollars for this assignment is ASSIGNORS: ASSIGNES: Teung Pon Mark S. Hemstreet J ~ .w We U PP g ASSIGNMENT OF LEASE Page 1. CL01610 0 JaFmes eAU01 ~ woo ajjj1JOJTj0m0j0S3 XVJI 9L :C1 900Z,/9Z/01 •I0 rdtc 1-608926-w BXHLAIT A A tract of land In the Northwest one--quarter of 9•aOtLpn 35. Towna4lp 1 south, 94age 1 : =Z his HS:1-= t= Y.Z_244lan. the City of Tigard. County of Wasbington and state of Oregon, damaribad as follows. _ 9£4rmM1CNG at the Southwest corner* of the o_ L. Graham Ooaatlos Land - - C:him »n. 120 Tow"hlp 1 South, Range 1 West of tAe Milleemtte _ r4oridten, In the City of Tigard, County o! Washington and 9tatio of _ iwr!+ P~ Oc%gon, sad rannleq thence Era= along the South lips of said Donation Land Clai-, L001.9 foot to as Iron Pipet thancs,north 0'266 Zest - 841.9 feet to wn Lcon pip- on dhc Seat line of that certain treat of land conveyed to hna=eW•Woraja hocr by deed rseocded on page 9 of volume 2!)1 of Washinvtom Co;;nty. 0901ca, 9c2e Records. wh.tch Point is aSte creo place of b"Innlnq o2 too hc[eie lcscr1bo4 traotl t-humna South ni"'C11 Wast 196.67 teat to a 1-inc. irgn Mhei't_a• raset at station .'.a_Y P.O.A.T. of Whehingt Zm C.:I_y Road Pest .1a_ Z043 _ (S.W. GrECnburq Read) survey cf April 1967; =oanco along a cane to 'the sighs, th a radioe --f 684_2 fm.r had y 1•aeg cho:J wblch bears - - NOtth 38'16'05` rant 46.61 feet to t 3/4 inch irc.•, pipe, cbeigos along - the Eaat <iaht-flf•-vay at said C_R_ 2043 wartb 40° Isaac 22y_82 fast - r co a 3/4 Looh Lcon pipet thanes soach 74°24. 6.•ut :10.29 lest to a 1- inch ct•.annsL Lconl then** South 00'14• Wna_ IV .:s feet :o a 1-itc16 iron pipe, ;:.ho true puiot of beQinnLag. ~.~=HT rto_ 1 Tf,:- : L11£R WITH a non-..ecLUt• : v.:z ^_saement for _^•.d ae:. -.+A city • ' ' ruoess - s• set facrh in sasi.nvr._ agreement ceoordcd dune 191:in Rook --+9, page 69, Weskington county Dcod Rscovds_ - - ax:F]: -.H wt?m on ecaoasat for road n._i a.:5 eat forth _ t - lr. ne.r .:pan. rgreame .lt rvevrded Julry ?0, 1" 24 r4b 1- 79. tY1 OTAm Q. Q-001. 1 0-0 60F °41(ttY I S PM 2= 14 1 - U01PLOIA 184mes eAU01 t w0J 811T1»JT1k1mO)3S3 XVJI 8L.8t 9007,/9Z/Ot 10/26/2006 13:19 IFAK Escrow@TicorTille com Tonya Sawyer 015/073 • z gybed $svsq so sM►tuoIS9V _ QTU=03 AN 'poop puv 409 'c r0A 1914 aq 04 Wtllllil_T~suT buTuSaso; a;{a nc•+.: - 01moU pv us buod rs -aWPu an,.]oCM eql "6 96T ' aaq dvp a T q -4 k•t! :t~•:;.':.~ ~.i~~%'?ddiT ATTIM00:98a l • r' ' J` '%'~'~sAX}dX;1 ~~o7~sfpCUOO ~W y?. p pue z:►xe i►~*junjo.t s v4 aq oT quam i4vu SuTp6eso~ aq'a i~-~apaT ,.>vXor pua huo ►.:~~-r_ :~t~ t'~ u dnoqir sq4 t ►86i 'iaq L,, .tep- ;q aiu ago aq pai>Paddg Jet ~nuos~~ 3o Xqunoa - •~fl t :Mf)N 3o s ivis ~30,if e06JId)VA uoTssT0=3 JCW ...U06a1 ao a~ n C=.e ON t;;Ptt.;O,• aog AIV:4unjor. 8Tq ac; 02 :Wownzlsuj buTc6exo3 OR-4 pa6pa ~Tr►ouX~a pug ;e91,4emeS •S XjvW paimu aAoqu aq:V '9861 'saq . ;o dvp. eTgq. DOI e.zo;aq peaviadde Altruosaad f r jo X4unoO 'BB A ( NoDno TO al1tas. • ~ a V k. `T .tH 11 v40°'av' G .4...f ..a:.:... a.._.r A74lO.04EYr OF LCASC 1 C KNOW AEL rd" 9Y I'N656 PRESENTS. That NARK S. 0 'MIREET o~ Ara[[npr lot value received Sao Mubi'astlinsunto.SNILO (UN, VAiHI4GTOY SQUARE, 1.11C, ail Ofegoo itatltad ila,lltty cootptny the J1§roylrsree•7 0C rMrtar9 int...•rr m that celtma lease .n.de by Voat Coast 9trv:ce Coropenyrl~ a~ - ,Eenarel partnership cfrnpoaed Robert 7f SChae(fac and Selly Jo Sebaeffer. M11'••-fin whlc:: MarL S. Ract;tceet 4 ~l ~rv:n:. lrtcm:~Ta:11J decd . 440-e4er 15 lY " end covcrir.( !M follavind dr-rabwf prenu.e_• to-*,*: as Clifford G. Potter and Phyltia J. Poccer. huaba(W and wife and 'Gerald V. cotter i.epal dcscriptlem attached C) AFTER RECORDING RETURN TO: i TICOR TITLE 1629 SW SALMON YVONNE WILLIAMSON - PORTLAHO, OR 91205 t I I ? To Have and to /fold lhr tame uoro s■sd Assignee ofd Al1-'E1311 Lam firth 19 91. 1 111 tot all the rest of the term and kue, wbsetr to the covenants. co"6ons and provraoM (herv.n mrat.nned The rents provided lot in said lesse are ps C to dio ifsclud.ng.. • cartons • 19 ar~ AND the Assignor hereby etwenentt #hot tia• into" in (Aid kese hereby assigned is flea tram encumbrance, • to Construing stns doutnmrnt an! white the contttl so rcgwtf&. she Lw/uler includes fwa 01,1141 e.d oil gra,n- • mehul eh Anger str.N tw implied to meke the pfoas:ont heftof anaiy rq„aN 1,• cerpotw_' l And to ind..idual. l to Wtkw.t Whr-rof. fhe assignor het r.eruted this insit.nsrat .1n I reh 1991 .f a earporaft assignor, it hat been doer by order of atsigaafti bear At ditectora,,ices itscoloa l afl.e.d. Hark S. 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Lessor owns fee title to the land (the "Leased Premises") described in Exhibi"• attached hereto. B. Memstreet is the current holder of the lessee's interest in a ground lease, on the Leased Premises. which lease is dated January 31, 1909, between Lessor and 4lilliem F. Brenner and Lorene Brenner, y and Chi 'isuno Pong and Wen Chu Pong, a memorandum of which was recorded Nov mbar 1S, 1994. under fee number 04044172. Records oC Washington County, Oregon (the 'Ground Lease'). A copy of the 1 Ground Lclaec. together with copi!•e of previous corsents and assignments is attached as Exhibit 9. C. The current term of the Ground Lase expires June 30, 2014. Pursuant to paragraph 3 of the Ground Lease, Remstreet desires to , exercise his option to Pxcend the term of the Ground Lease an additional 14 years to June ?4, 2024. D. Hemstreet desires to transfer his leasehold interest in the Ground Lease to Shilv Inn, Washington Square, LLC, in Oregon limited liability company (-Borrower'). 1 E. Borrower desires to oocain a loan in the amount of approximately Three hellion Four Hundred Thousand Doliare ($3,400,000.001 from Lender, and Lender has agreed to make such loan, secured by a Deed of Trust on Borrower's leasehold interest c in the [.eased Premises, provided that Len:]cr obtains certain Page 1 LA OLORD'S CONSENT a F-STOPPSL AGREEMENT LESSEE'S EXERCISE OF OPTIOft TO EXTEND CONSENT TO ASSIGMENT OF LESSEE'S INTEREST - •S .rr..w .~.s..-arr:. was. /'~'w t..c _ 'Oln/S`7nIlil laAMRC PAllnl 11MI'AT)TI in-%T iaxtni-kC3 vvJT 01 01 /07 1A1 ' .tiRr•.. rJlr/P ' agreements from Lessor which will pera)it Lender to protect ite interests in the event Borrower fails to perform the Ground Lease as agreed. Borrower also desires to use Porrower's leasehold Interest in the Leased Premises as additional collateral for other Shilo Inn loans. THE PAR:IE9 MACE AS M.LOWS1 Ills 1. Hemetreet hereby exercises his option to extend the term of the I Ground Lease for an additional 10 years to June 30, 2021. 2. Lessor hereby consents to the transfer of Hematreet'a leasehold interest in the Leased crev%lees to eorrower. Borrower hereby asouoee personal liability for the payment of the rent and the f performance of the other terms of the Ground Lease. Hemstreet +l shall remain personally liable for the payment of the Ground Lease and the rerformance of all of Its terms and conditions. Hemetreet larrantg that he owns fifty percent (50%) oc more of the membership interest in Borrower. Hemstreec agrees that he will ncc transfer controlling interest in Borrower to any other peracn or entity without Leesor'e prior written consent, which consent shall not be unreasonably withheld. 1 I I 3- Lessor hereby consents to the grantinq by eorrower of a Deed of 1 ttuse on Borrower's leasehold interest in the Leased Premises for _ the benefit of Lender to secure the loan referred to above (the ' 'Leasehold Mortgage'). Lessor also convents to the use of I aor.rover•s leasehold interest in the leased Premises ae additional collateral for loans from Lender on other Sh>Llu Innb• 1 1- Lessor agrees that Lessor dill not modify or amend the terms and conditions of the Ground Lease, or Accept a surrender of the l- Leased Premises, or a termination of the Ground Lease, without first obtaini.tlg the written consent of Lender for aj long as the 1 Leasehold Mortgage remains a lien on Borrower's leasehold interest. I 5. Borrower ahnll have the right to encumber Borrower's leasehold i - estate in the Leased Premis-s to Lender, provided that Lessor, under no circumstances, shall have any liability for the payment of L the loan 9ecused by the leasehold Mortgage, and at all times the I Lessor'9 real property interest in the Leased Premises shall be and remain auperior to that of the Leasehold Mortgagee and that no 1 encumbrance or lien shall thereby exist on Lessor's rever:iocnary interests. • 1 I Page 1 LANDLORD'S CONSENT & ESTOPPEL AGREE14ENT I LESSEE'S EXERCISE OF OPTION TO EXTEND CONSENT TO ASSIGN14ENT OF LESSEE'S INTEREST sI n~tizn Fdl Jal(aec eAU01 t Wn 1 AT1 T 1 1n..1T I n1Mn 1]q7 YW JT RI OI QnA7 /Q7 /AI I • ~ 4a 1 6. For as long as the Ltasehol.d hortgage shall lematn unsatisfied, 1 the following shall aaply: 6.1 Lessor, upon serving Borrower with any notice tuidar this Agreement, or under the provisions of. or with respect to the I Ground Leasa, shall also serve a copy of such notice on Lender for the then holder of the Leasehold Mortgage) at the address specified 1 in this Agreement, or at such other address as the Lender shall I deeigrwte in writing to Lessor. No notice iron Lessor to Borrower shall he deemed co have been duly given unless and until a copy I thereof has been so served. 6.2 In the event Borrower shall be in default under the Ground Lease or this Agreement, Lessor aiiall notify Lender in writing of Borrower's default, specifying the default and the date by which Borrower must cure the def:Ault. and the subse4uent date (which shall not be less than thirty (15) days following the date of the notice for a monetary default) by which Lender may euTe the I default on behalf of Borrower. F ? 'Aith respect to non-monetary defaults, no oafault or ( event of deCealt shalt be deemed to exist under the Ground Lease or this Agreement it steps by Borrower or Lander to remedy the facts giving rise _zi such potential default have been eomenced in good faith within sixty (6G) days of receipt of notict from Loeser and { are beiny prosecuted in good faith with diligence and continuity. 1 In the aven-: of a non-monetary default which Borrower is unwilling or unable to cure, and which is difficult or impossible for Lender to cure without heviag possession of the Leasehold Premises, then Lessor shall cake no action to terminate the Lease without giving Lendec (al written notice of Lessor's intention to terminate the leaae. ani (b) a reasonable opportunity to obtain possession of the Leased Premises linclucing possession by a receiver), and (cl a reasonable, time after obtaining possession to cure the c:efault. However, L_ndei shall not be obligated to continue such possession or to continue any.pendint, foreclosure proceedings after such defaul- shall have been cured. 6.4 In the event of a default by Borrower not susceptible of ; being cured by Lender (including, but not limiced to, any assigmae -it by Borrower for the benefit of creditors, the bankruptcy or lns,31vency of 80rt'ower, or the appointment of any receiver or trustee against aq:rower or any of its assets) such default shall be deemed co have been waived, and all rights of Borrower uc.der the I Ground Lease and this Agreement reinsc&ted, upon completion of I foreclosure proceedings by Lender for upon acquisition of Page J LANOLORU'S CONSENT S ESTOPPEL AGRELHeNT ` LESSL:E'S EXERCISE OF OPTION TO EXTEND CONSENT TO ASSIGM°1F.NT OF LESSEE'S INTEREST ..ac.r~.ww y,',.1•' ~.w ~ - .vim .t ~ ? f f. 1•: a ',45 7. 4. • ~ . W .r a Flfl/CZfll$1 JaAap_,; VtiUfi l F mn11 aTl TI in- T I IAn -,cam ti - ~ 1 Borrower's intereat through deed in lies of foreclosure, or otherwleel. No election by Borrower to terminate the Ground Lease. and/or no rejectinn by Borrower of the Ground Leaee in any i prcu:eeding in bankruptcy shall be binding upon Lender. In the event Borrower, or a trustee in bankruptcy for Borrower, rejects the lease in b=nkruptcy. Lessor agrees to give Lender a new lease on the ease terms and conditions. for the then remainder of the lease term, provided chat Gander shall ^ure, or cause to be cured all monetary defaults, and all other defaults then reasonAbly capable of being cured. 1 6.5 Lender may become the legal owner of Borrower's, leasehold interest under the Ground Lease and this Agreement through foreclosure proceedings or by assignment of borrower's leasehold intereec in lieu of foreclosure. In the event that Lender, or its designee, is in possession of the Leased Premises through foreclosure, or deed in lieu of foreclosure, or in the event Lender j wishes to have Borrower's leasehold interest purchased by a third • party at foreclosure sale. Lender shall have the right: to sell or transfer 6orrower•9 Leasehold Interest Lo a prop1090d aeaignee, t euLj6ct, however, to Lessor's written con6ent, which conuent shall i not be unreasonably withheld, delays-d, or conditioned. In the event Lende: is in possession of the Leat-ed Premises through foreclosure, or deed in lieu of foreclosure, and Lender transfers the L:asehold interest; as provided herein, Lender shall thereafter have no liability to perform any of the terms Of the Ground Lease. However. nothing in this Agree-mn'_ shall pere,it Borrower. or any oucceesor in interest. to Borrower (except a successor who cakes by foreclosure, or decd in lieu of foreulcsure), to assign Borrower's leasehold interest except under the terms and couditions of the Ground Lease. 6.6 If, for any reason, Sortower fails to exercise any option, available tender the terms of the Ground Lease, to renew or extend the term of the Grouted Lease. Lessor shall deliver written notice of such fact to Lender. Lender shall have forty-five (451 days from the date of receipt of the notice either to exercise any such renewal or extension option on enrrowcr's behalf, or to enter into a new lease on the dame terms and conditions as, sat forth in the existing Ground Lease. ;I 6.7 Nc union of the interests of Lessor and sorrowcr shall reSUIL in a oat•tgur of the Ground l.e,t;,v into any superior leasehold Interest or the fee interest in the Leased Premises. t Page 4 LRNDUAW S CONSENT R ESTOPPEL AGREEMENT LESSEE'S EXERCISE. OF OPTION TO EXTEND CONSENT TO ASSIGMEWf OF LF,S9EF.' 5 INTEREST EL0/9-018 JOFmeS eAUOJ F W03 alb TIJ031103 ,OJ3SI XVAT RL :fJ 4nn?/a7/n1 , 6.8 In any clrcumatanc,%s where arbitration is provided for .ender the Ground Lease, Lessor shall give to Lender notice of any demand for any arbitration at the sane time and in the same mnnner I as such notice was given to Borrower, and Lessor shall recognize y ) the Lender as a proper party cc participate in such arbitration. 6.9 I.esaor hereby consencs to Borrower's grant, it any, to Leader of a security interest in the personal property owned by Borrower and located at the Leased Premises, and a col:ateral asaignmant of any subleases by Borrower of all or any portion of the Leased Premises, an] the rents, iasues and prafito therefrom, it any, toseur agraas that any interest that Leeeor may have in such personal property or subleases, as the case may be, whether granted pursuant to the drvund lease or by statute, shall lae subordinate to the interest of the Lender, provided, however, that the rent and other terms of the Ground Lease shall be paid and performed as agreed. 6.10 As long as the Ground Lease is in effect, Borrower (or gorrower's succesnor in incerestl shall own any and all improvements. buildings, a:1d equipment on or about the Leased Premises. In the event of any casualty to the improvements, buildings. equipment, or personal property, during any time when I there is an unpaid balance on the Leasehold Mortgage and the Ground Lease is in effect, Lessor shall be entitled to require that any insurance proceeds first be used to repair anG restore the I improvements to the condition existing pzior to the casualty. Lender shall be entitled to control the insuratice prcceeds whiles such repairs and restoration are being n%ade, and any insurance proceeds payable by reason of such casualty, in excess, if any, of the cost of any repair or zestoration o! the improvements, may be applied by the Lendet- to the oalance of the Leasehold Nortgage up to the amount, o', the indnbtedr_esu secured by the Leasehold , Mortgage. 6.11 In the event of any condemnation of the whole or any part oC the Leased Premises, while the Ground Leas_ is in effect, I and the Leasehold Mortgage remains unsati6fied, Lender shall be entitled to receive all of Borrower's share of condemnation proceeds to which Borrower is entitled, under the corms of the Ground Lease, up to the amount of the indebtedness secured by the rw Ieasehold Mortgage. Nothing herein shall be construed to grant Lender any interenr in LessW a share of any condemnation proceeds. No agreement between :-eusor and uorroucr as to tat al:ccatlon of con-'-..%nataa.n proceeds shall be binding on tender without Lender's w:acten consent unless the unpaid balance of the Leaaeholdl4ortgage I Pace 5 LANDLORD'S CONSENT G ESTOPPEL AGREEMENT. ~I { LESSEE'S EXERCISE OF OPTION TO EXTEND I CONSENT TO ASSIGNMENT OF LESSEE'S INTEREST i 1 w % . 1v , • ~a:i tea ...~,rr.S~.ti.J.~•.~•.-.N/wa/r .r ••w aa.r~ ,8..~.•~.:•1.`t.•v.~i-T1w11,M~'~~.I P) n/17n(a' Ja,(aec P.jillnl ~ Mn'1'AT1TIIrlITIAMnI-OZ7 VVJT Ot '('I f.AA71071AI O• , I 1 is paid. In the event of any dispute between eorrower and/or Lender and Lessor ae to the proper allocation of the condemnation proceedo hrrween Le:gor and Borrower, Lender shall have the right to be a party tt, any litigation, arbitration of ocher proceedings to resolve much dispute. Iu all events. Lessor shall be entitled to the valuo of the land, and the then present value lag of the time of the taking in condemnation) of Lessor•e reversionary interest in the improvements at the time Lhe Gr:sund Lease would Dave expired by its terms it all extension oycions had been exercised. 7. Lessor hereby repreSent4 and warrants that, as of the date hereof : 7.1 the Celia of the Ground Lease co*^er_c=d on Feb:-uary 1, 19e4. and the original term expires on June 30, 2Ot4; 7_2 there are no options to renew the term of the Ground j Lease except the option to renew, exercised ir, this Agreement, 1 which extends the term to June 30, 2024, and an additional option to renew which, it exercised, would extend the teas of the lease to tTi June 30, 3034; 7-3 the current fixed rent under the Ground Laaae to $53,875.69 per annu:o (July 1 - June 30 year), payable in monthly ineta)llnonts of $4,489.64 each, and has bean paid in full through November, 1996; 7.4 no additional rent or charge (including, without lamitacion, as applicable, taxes, maintenance, operating expenses or otherw,se) chat has been balled co nemscreet or Borrower by Lessor is overdue: 7.5 there ark no provisions for. and e,e<uov has no rights with respect to, terminating the Ground Lease or increasing the 1 rent pryahl'! thereunder, except as expressly act forth in the Ground Lease; 1.6 the amount of the security deposit presently held by Lessor jnder the Grcund Lease is $ None; 7.7 the Grnuntl Lease is in full force aesd effect. and has not beets aatigned, mod:ited, supplemented or amended in any way whatsoever, except, if a;, all, as described on Exhibig a annexed 1i hereto and made a part hereof; I Page 6 LANDLORD'S CONSENT b ESTO;PET, AGREEMENT LESSEE'S EXERCISE OF OPTION TO EXTEND CONSENT "O ASSIGW#4MY OF LESSEE'S INTEREST 7 i'lA/Q 7(1~i lA/iMOP P./~llfil ~ mn.i'.sir, in-,rinun, •c~ .r r.. , a 7.8 there are no agreements. whether or-1 or written. between Hew.6treet/Borrower and Leedor concerning the Property other than the Ground Lease; I 7.9 a true, correct and complete description of the documente constituting the Ground Lease is eat forth on Ubihit U; 7.1.0 Lessor has not delivered -jr received any notices of default under the Ground Lease; 7.11 to the heat %nowledge of Lessor, there is no default by Hemscreet/Borrower or Lessor under the Ground Lease, nor has any event or omission occurred which, watti the giving of notice or the lapse of ticae, or both, would conetituce a default thereunder; 7.12 any improvements required by the terms of the ground Lease to be made by Hemstreet/Borrower have been completed to the satisfactioit of Lessor, and Hemscreet/Borrower's current use and ooeratLon of the Property complies with any use, covenants or operating requirements contained is the Ground Lease, 7.11 Lessor is the record and beneficial owner of the Leaaad Premises; 7.14 neither Hemstreet nor any affiliate of Hemstreet has any direct or indirect o-nership interest in Lessor or any affiliate of Lessor; and 7.15 Lessoi has obtained all of the consents or approvals of any party necessary or desirable to effectuate the terms of this i 1 Agree~ewnc. ' S. Lessor acknowledges and agrees that Lender may rely upon the truth and accuracy of the certifications contained in the foregoing paragraph 7, which shall inure to the Lanefit of Lender and its successors and assigns. 9• upon Hemstrcet's, or Borrower's, or Lender's written request from time to time. Lessor shall deliver to Hemstreat, Borrower. And Lender, or their respective designees, a written instrument, signed and acknowledged by Lessor, which shall set forth •_he information - Contained an paragraph 7 above on a current basis and any other informaticn reasonably raquestsd by H9mstrset or Borrower or Lender. Page 7 LANDLORD'S CONSENT G ES''_'OPf6L AGREE1.49HT LESSEE'S EXERCISE OF OPTION TO EXTENO C014SE14T TO ASSIGNMENT OF LESSEE'S INTEREST . ' . . ~ ~ ♦ - rte;::.w~-. ,v~►-. _ _ ~ >,~n/aznl) 1aFae,.z eAU01 mm AT iTI inITInIAtnII Z7 V V J T A7'PI Gnn7/97/.,, .~.....~....~,...:..uu:•..r.y..w~-,.... -•re.ar:,r.t~-~.~.:.wr.vr..~~..i.c~~..-_ - - - I ' e. lo. Lessor. Burrower, and Hateatreet agras promptly to execute, _ j acknowledge, deliver and cause thize Agreement to be recorded in the i appropriate public records. y. 11. Lessor's recourse against Lender eltsll be expressly limited to Lender's int6reet in the Ground Lease. 17. This Agreement. the covenants, terms and conditions herP,f and the rights end obligations created hereby, shall run with the land and be binding upon and inure to the I-enefit of Lessor, Hemgtreet, Borrower, and Lender, and their respactive euccessore and aesigne. y ll_ This Agreement may be ere,uced in any nunber of separate Counterparts. each of which, when ao executed and delivered, shall be deemed an original, but al: of wh uh collectively and _ separately, shall constitute one and the same agreement. All eignatures need not be on the same counterpart. i 14. Except as expressly modified, amended and 641ppledented by i this Agreement, all of the terms, covenants and conditions of the Ground Lease Shall remain in full force and effect. ~I 15. All coticRS required to b-- given by the to-ring of this Agreement shall be given in accordance with the Notice terms of the I Ground Lease at the addresses net forth balow, or addresses as later specified by the parties: Lender: KeyCorp Real Estate Capital Markets, Inc., 700 Fifth I Avenue, 52nd Floor, Seattle, Washington 38104, Attention: Mr. David E. Thatcher F- Burrower: Shilo Inn, pashiogtom Square, 1•LC. 11600 S.H. Barnes Road, Portland. Oregon 97225, Attention: Mark S. Hee►atreet i I THE BALAzNCE OF THIS PAGE INTENTIONALLY LP--l' BLANK I c • ' Pa9e 8 LANDLORD'S CONSENT 4 ESTOPPCL AGRE£MCNT ~ LESSEL•:' S UERCISE OF OPTiGN TO F XTENU CONSENT TO ASSIGNMENT OF LESSEE'S INTEREST E1.0/0E01'Gl J2f61CS 2AU01 - 010:1 ATlTi in-IT IAfAni)c3 VWJT n7-c•1 onn7r07/ni 10/26/2006 13:20 IFAX Escrow@TicorTille.com + Tonya Sawyer [A 031/073 LAt 4,1.& Q J.S3U3J.N1 S .335S37 30 1N3w of sSV O-L 11439N07 UN31.X C.y NOIJJO 3O 3SJOtl3k3 5.33Sb37 J.N3lJ33UOtl '13ddOJ.S3 7 1N3SN0J 3.OHMONV'I 6 ab8d l• 3uep19a3d a~TA pualeetrX -d u o Aq ' aa6ruew Biz ••dao, taio" wasnbS uo26uju9*m :As D-11 '31WIDS NO,LEtiIHStlM 'NNI MINIS 2131102121~IH Aev23rd 110rVI 'A p xa ieuaied •i0,1219 j c. Aqd -a- Ag JCj1eap~Atp4~ I VV . aeax7sme A2ua3rd •10229 T O `i axe ia;oruW, p A es H I -luaplea3d 03TA .aoTues 321 aawtu 13 AUG Aau~AVd •Aa~ae a; 121 l AIJ T A9 'Oetl,'S 3X ~I 'iV,t'td~t~ i~~ ( - 37.v1S3 7"S C 03A3X :W3oN37 33IAa35 ISM) .LS3 mOSS41 uaa~Txn anoga ,pxT) 3*PA pue Ai?p aLfj to sr pa-4n-luxe eq o"3 a1.4Muaasbv eTRa pionso anaty 071e3eq 8013AV6 043 '3O32f3NM S33N.LIm NI 1211TW 'A pprIa0 :uOIIu,?WJV 'ELZt6 u06:10 'puv1330d 'etoT aaTnS 'prom bxnquoaa0 'H'S oSiOT Aurdwo, aDTAx" » roJ -499m :Anneal , Si=t6 uOBPAO 'puu13AUd I 'Prom oausrg N'S Gv9TT 'acalacwam •5 3!.avw t1"AIDWOR 1( .a - err " - _ . ..mow . ' - _ ..tr vw... ~ ~..t~- ttr-l~l.a+"•~r~ Tom. STATE OF Count n 1 aN9 1 _~.r t -fc_~l 1996 AAY PUBIC he above named Robart M. Schaefer and ~ ►_ffa • ackno ledgx6-+ a instrument t 'De his voluntary act and deed. JUNE 1S. 2000 J HAto:•e me: Rotary Public ar • 14y ccmmieeion expires, Zi p STATE OF / 1 • 1 ss. / 1996 County of 4 L. Pe a~ia;rf` t e above nerved Sally Jo Schaefer and acknow? d g netrur:enc be her volunta;y act and deed. SV.fE Or- WA94WOTON C/ Be''oreea!r.. 4E is. ocanES E is. I= Notary Pu 1 c for My commiecion expires : i - z *-rd STATE OF ' /t 1 ' County of (i 1 _ • r~• 1996 Personally appeared the above named Clifford C. PotteY and acknowledged the foregoing tnsrrument t e his voluntary act and deed. • - I CrWISE A. 1O0111AN8 • Oeforek we•av PU;ILIC S (r?ON otary Pu lic fo' . c ~+6WNE~PWE~ my commiSeion expire8:_ JJNF 16. 2WQ ' page la LANDLORD'S CONSENT 6. ESTOPPEL A02EEMENT LESSEE'S EXERCISE OF OPT10M TO EXTSND CONSENT TO ASSIGNMENT OF LESSEE'S IN79RE57 t ELO/ZEO(A JaAaeS eAU01 E W00 2T1T1J0J11611A0j3sa YNJT n7'91 Qnn7/47/ni . ~ - ~ - - rc. .--sa.•.-~►iwa~.4rti.~:.~+..nw.~ ,IAaMi~~s.1.'k a T,. I STATE OF County of 1996 erl>A pWltp>♦d the above named Phyllis J. Potter and ac Iedboo!.MW ftq ggoin inecrument t be her voluntary ac: and I deed. STATE Or- WASAINOTON COMWSSrONFA MRES afore JfMR is. 7000 i Notary Pa 1 c or c My conmi3sion expires: e~-v STATE OF 11 ) as. County of 1 199( he above Pe OFF _S named Gerald V. Miller and acknowl 4fAW1UA►.Agp011N1pWg instrument to be his voluntary act and deed. 140TA?Y PUBLIC ' gTi •@ ~'r VIASHiNOTON l - 8 fore oDaB".rr7~MEaat++fg / 7. - Jume M4.=0 Notary Public _or I sty commiasion expires: STATE OF OREGON ) 1 County of Hashiagton t9`'Ar,-. M Personally appeared the above nained Mark S. ::emstreet and acknowledged the foregolna instrument to be his voluntary act aqd deed. Before me: - I ti Caco ry i o[ Oregon Ir r,ts L Y.ymmi6 expires: n/~f97 at • • ~ aw,r purr Lr..M.wY , Of _~^.i6a f~p!1 CON* 13 OirifJ t r ,S6E1'" 112V _ I 11 LANOLORO'S COIJSENT i ESTOPPEL AGREEMENT I Page 4 LESSEE'S EXERCISE OF OPTION 10 EXTEND I CONSENT TO ASSIGNMENT OF LESSEE'S INTERV;ST 1 1 ELO/£EO(A JaAH0.3 eAU0j f W03 al1ij100i1OM013SI XHIT 07:21 9(1()7/97/()1 W1. W. 1 ~ - STATE of NA=ON I county of r~wg I i q~~, 14W Personally appeared the above named David E. Thatcher. ae Senior Vice Preaidenc of keyCorp Real Eatate Capital Markets, Inc', and acknowledged the foregoing to be the voluntary act and deed of ouch corporation. Before me: N Baer n~« trrr AKPt Y} _ i3 Or ~~-,oRa~eSo.J tielARVOUt'..GCnsC~r 19 nrtxCirei:_~~- • • I ~ M~ ++44 iriwFS ~Eti ~N~ SIAM OF OREGON County of Washington • Personally appeared the above named .lobo p. Kneeland. as Vice Vrevident of Washington Square Hocel Corp., the manager of Shilo :nn, Haahington Square. LLC and acknowledged the foregoing cc be 11 the Voluntary act and deed of such limited liability company. Before me: 'e f / i T _ o ary Pub! or Oregon OEnC•AtSEV My commirsio expires:. it _ OOaOThr IL Vou."[a nOTARV PuauC•0RC10•v COLU&dSOIrno OMAN I tAr r4%W+S3a4fX9.afS APP0. +0 On ' sixtaer. 005 1 Page ! 2 1 ANDLORD• S CONSENT s ESTOPPEL AGREEME-IT LESSEE'S EXERCISE OF OPPION TO EXTEND CONSENT TO ASSIGM4ENT OF LESSEE'S INTEREST 13 ELO10COIA A3A*eS eAU01 t- W00-8T1I1J07LIo1N.0J337 YVJT A7'01 OAA7/07/111 £%11IP1T A L' TICOR TITLE INSURANCE Report No. W651396 LEGAL DESCRIPTION A tract of land in the Northwest one-quarter of Section 35. Tosunship I South, Range 1 West of the _ Willamette Meridian. in the City of'figud, County of Washington and State of Oregon, described as - fotlov."s' P-girming at the South--test comer of the A.L. Graham Dona:-on Land Claim No- 32. ToMnship 1 South. Range 1 West of the Willamette i` cridian. Washington County, Oregon and tanning thence Ii Eae along the South lilte of said Donation Land Claan 1.007.9 feet to an iron pipe; thence North 0 degrees 28' East 841.9 feet to an iron pipe on the East line of that certain tract of land eat cyst to Artdrew Wormsborg by deed recalled on Page 9 of Volume 201 of Washington County, Omgon. - Decd Recoils. %%Nch point is t}e true place of beginning of the h:rein Jesc.ibcd tract; thence South _ 85 degrees 58' Nest 396-67 feet to a one inch iron shaft as reset as station 30*56.2 P.O.S.T. of ■ Washingwn County Rod Plat Nor 2041 (S W. Greenbur8 Road) survey of April 1967; thence along a curve to the tight with a radius of 686.2 feet and a long chord which bears North 36 degrees 16' 4i- East 48 81 feet to a 31+ inch iron pipe: (11cnce along the E:%t right of way of said County Road 204), North 40 degrees 15' Eau 235.82 feet to a 314 inch iron pipe; thence South 74 degrees 24' R East 128.29 feet to a one inch ch:anet icon; thence South 00 degtees 16' West 121-39 feet to a one !R tech iron pipe, the true point of beginning. - EXCEPUNG THFREFROM that portion thereof dedicated for street purposes by icsuurrtent recorded January 1. 1985, as Recorder's Fee No. 85WO199 ' j I Together with a non-exchu;vc easemen: for road and utility purposes over. wider and across the ' follovAr►rt described portion of the Xorthmteit one-quaver of Section )i. Tovrns)rip 1 South. Range 1 West of the Willamette %leridian, in iht Car of Ttgtud. County of Waslungton and Stec of Oregon. mot- paricuiarly described as frliows' i NFiruung at in_ Southeast Borne: of that trice comcscd to Can' H. Cotton and wife by Deed Book - 161, Page 38;, which point bears South 88 do;grccs 10' West 643.3 fe:' and South 0 degrees 20' East - 466.5 from the Southeast carnet of La S. AS1111ROOK FARM: tt•.cace South as degrees 10' . 1 West 101) feet to the Souchtsest comer of --id Cotton tract. thatce `loci 0 degrees 30' West on the I Wes; b:rc of said Cc4on tract 2a) fee:; tN;• c- Sc-tt. 33 deg-ens 10' Sve.i on the Srulh line of an easement described in Deed gook 433. Pane .12, a dismn_e of 100 fc:t w the West line of that tract - convc%-cd to Conrad E. Anderson ate wife, b% Deed Bcok 234, Page 793, thence South 0 degrees , 20' East along the West line of the Arida.-son tract a distance of 4.00 feet to a point which is )•i.JO . feet South of dw carper line of a connecttnS road knosvtt as Southwes; Shady Lane. which point is also 13 00 feet North of the Nortitc3st comer of the t certain tract described in contract to Dcluld A. ~ t Forbes, et at, recorded in Book 1067. Page 109. Deed Records, and the true point of begirrting of the - I parcel to he described; from said true point of btgirttttrg curutung west parallel to the center line of Souch%%cst Shady Lane a distance of 15.00 fe};t-, thence South 0 degree: 20' East, parallel to attd 15 CO f:_t distant %V.:v:rl~ ftotn dw Wcg,:h lute of the Jfo:-rikairCrted ArAcriotl tract, a drstrncc of 1.:1 feel- more or kss. to ti . Southuuesterly line of the Brudiek tract. thence South 73 degrees 17' 00" Ewi along the Sotid.-esterly line of the Burdick tract a distance of Is SO feet, nw-rc or less. to 1 the S.,utttcast comer of the 8a(drek tract- which point is also on the Wc terly line of the Anderson i tract: diet- Wrdt 0 dcttr«s 3C' West Jiang the Westerlc line of the And, rson tract, a distance of • 1 1 i 1 (eel W rite brut: point of bcfinnickS I r Cj.N'fINL E0 _ EXHi-'IT paGE 0 01 . I . ~r•~~,r~•w!-.. ra. _u.tAdrttis~tl.lr.:~~~a~•. i.t ~ ..•.il 1~'~•'~~ " ~..r own... ..._.•..~....r`r►~ ilr F./.0/GF.OfI%I JaAffieC eAU01 f 111413 1 T I rn')Tiaani-4ca VVJT A7'01 onn~~t»~ni l~ . TICOR TITLE INSURANCE Report No. W651396 - „ Together with a non-tclutive aeernent for road and utility purposes over. corder and across the ~ foRawing described portion of the Northwest one-quarter of Section 35, Township I South, Runge 1 West of the %villunerte Mccidion, in the City of Tigard. County of Washington and Swe of Oregon. more particularly described as follows: .t 1 Beginn'ig at the Southeast comer of that tract conveyed to Cary H. Cotton aad wife by Deed Boot. j 361, Pit:_ 581, which point b-an South g8 degrees 10' West 643.8 feet and South 0 degrees 20' East 466 5 feet from die Southeast comer of Lot 5, ASHEROGA FARM; Blench South 83 degrees 10' West 100 feet to the Southwest caner of said Canon tract; thence North 0 degrees 20' Wen. on the West line of said Cotton acct 200 feet; thence South 99 degrees 10' West on the South line of an casement descried in Deed Book 433, Page 472, a dL trace of ;00 feet to the West Ghe of that trtit conveyed to Conrad E_ Ande,-sw and wife, by Deed Book 254, Page 793: and the true point of beginning of the parcel to be described: tram said true point of begituaiag nuuuag South 0 degrees tr_ 20' East ,m the west line of the Anderson vacs. a distance of 151.25 feet; thence North 89 degrees 40' Gast, a distance of 15.00 fear, thence North 0 degrees 20' West a distance of 153.2i fast, more ' or lens. to a point on the South line of that certain easement described in instrument recorded itt ' Book 433. Paee 472. Dccd Records, the. = Scuth 88 degrees 10' West Jong the Southerly line of as I satd easement a distance of 13 00 feel more o• lass, to CM point of bginwn L Together with an easement for draintage purposes over a strip of land 5.0 feet in wido lying 5.0 fe_: 1 «este--lv and adjxenr to the folio-At" described lint. iw- t Begin:+aa at the Soudnre;t come: of the D.L. Graham: Donation Lard Claun No. 53. Township I South. Range I West of the Willarrta:te Mr.,;dian, Washington County. Oregon and running dtenc: East along the South line of said Oonatton Land Gahm 1.00: 9 fee: to an iron pipe- thence Nor-h a . I degrees '_g East. 572 1i fat to an Iron pope on the East line of that c-; atn tract of land conveyed t. Andre~L Woensborv b- Oc:d as recorded on Pa2c 9 of Volume 201 of waslunston County. Oret-ren- Dead Records; thane: South 89 dcgre:s 08' West, 52i.9 fem w a poin: in County Road No' I-r9, which point is cn live West line of srtd Wormsborg trxt; thence North along said West lime an,; in said Cowrv Road 197.1 fe:r to a point: thenc: North 10 de2rrs 00' East along the vanh%%vMc:ly line of said WomAborg vact and in said County Road 135.4 feet to a point. thence North 85 degrees 58' Eax. 117.1 fe_t to an iron pipe on the fins, liae of sail 14nr«~;Sore vac; w the true Foint of ba&-inniog of the 1n::inbcfore mentioned easement line. the:tce South 0 dc2rees 23' (Vest 11003 rte East lire of said wormsborq tract 111) fret, mere at kss, to Fame, Creek and the end of said easement line. 1 - I t E,chl3tr A PAGE o no y-~~- tin/vcnf IAIMP^ o,tnni M~ _ w EXNIAiT 0 'fri[Ti t.l'J19E, n.:.a.• and ouceruc{ TACO this day of January, 1964, 1:y .wait hntwa.•u. %MVT COAf,Y SCAY11%' CONfAt1Y. d qunerAt partnacchip a ccuoprl it-ul cf folpCtW N. !;MA1'.t'l'1k dnd ::A'CY JO SCIIACPER. huabdnd and wt fd. I C[.i(03140 G. PnTTEA and p:Iy(•[.IS J. f.AM11. hut:aaatd anA vltc, and GCNAIM V. I111JIM. to sirv{le nun, waone :,A.1rdoo to Lincoln Center, Sultd 70Sn. 102SO 8.11. Orec:tabirfl 1to4d, partlanA. Oregon. 137223, as Leamor (hereinafter refurra,d to :,9 "Lauuor"l AM WIIJ IAN ir- OREWER ;,nd LOAFNE OASt111SA, hucband f,Ad vif.u, *d.4uu n.Ictraas is 10695 R.W. fteth. Reavercm, Oregon 97003. and C[Il TUIRIC PotIQ and HCII CIIU mtlG, huebar.q rind wife, whoea address 11 Be Lessee (hereinafter referre.l to an txeoun" a { N f Y p F S 9 L'' T It 1 1. (al Pr:wla ws. i.ncsoe llareby leaeea to Lessee and.Lesreo hereby l lease' o[ anal frnN lca;or that certain real property aleuaeed in Hashligton I County, Oro,rn, deaf:rihc:t as Ilia "!.aaood Premtsas' On Exhibit `jk" attached h:,rato asul LnearporaccA hcrvin by thi* refcrance as though not forth at !u.! lar,rjth. (harainafcer refarrca to as the "premises"(, for the term and at the 1 rental and upon the eovem-tritr„ conditions and stipulations heret"fter sec It forth. -rho Lugano accepts the real property and all of its exceptions ►nctuding r.cco&m In accorctance with tha ~itla insurance report -.Mich is attached hereto as ratsihit "n" and Incorporated hereln by a•eference. fr. I& fatrclaor agreed that thin 1.:ass 1a hased upon the findings of the 4igatd Pzoning IJ.-part,aacnt adalch werd outline9 in the Staff Report dated Nova,ncer 20. 1903, a copy of which In nttach&i hereto as Cshibit "C` and incoepor4ttel herein lay raferonce. fzmdca uyroos to comply aM pay for ;he requirements of City of A-lgard. Oragan. (b) naa~ulf.our. P.arpOana. The premises chap be used solely for a oatol couplet. 2. Term. The term or this lease shell be for thirty (301 years and 1 five (5) rloncltu Caurntnelnal an Cebruary 1. 1904. with rent for the loased 1 1nnA to Lvamnanco July 1, 19114. 3. Opt-Ion to Itnnew. i (a) The Leaseu shall have the option to renew thie laaac: for an :ad.litional term of ten (10) years upon I tlao tame tetrj ache cpn,tit:one as hore(n. provided, except ` I the runtat Oxili be Increased by 5 percent from the 1 ' prior rental year. At the expiration of each twelve (12) calmulor artma.ha of tho rcncw.d lcoso term, the base rent shall Lneroesd ny ftvd portent (541 of the previous yaor'o rsnt. Thu notica of rcn•rwal of said 10440 must' ire given by Lueeae to lesaor at Ignst one hurl ed cic~hwy ~l lln)_J1~►yn_({{ ±,dv_d1►c of ttI"nd Qf the or1 1q nal torn.. (b1 if the taoaca elects to renew for a gaWAd, tan (10) yesr:~dAltioneLj£~nt, the ~enel Lho~orilna~l 1 , cr+a~li(,_u.ay.._1•Lilly_und_ct_,thr~v+14w"l_p4.rlob (111) to pleat _to r~cw uald )aaae tot-dn additional I cum. 93_jg4rp uc_r]io~cnd,Q lis [irat,_rcfoala~~tbLQd WKa_tefma_I.nleonQit~nnLas_lholLrpt~rspBVl.1 with Elw Laar__Ic!,_~Ilao notlaa of renewal of ooid lease most be I given ny f.dasoa to Loseor aE 1-oast on _t1y~[ea- ~llcd ul,A%ty. (ldtildayo In ..djjjuc,: ;f tho en,l of the renewal j ier.-. tt,:r.t ,sl. nc,c:.ao flvu percent 151) par year ~acta scar ca► u a,.,cundo,1 Wolu. I v 1 Ic) In aa•ttlon, 1.eaaa•-3 shall c•anclnt:u Ifs be rdeponalola for the pnym;,.t. of taxes AM 3va*ocrnunta and ' 311 6cltac 1t:.a.a rain f:Cfwl/ttlafall of thla ragrcglnant on raid 1 praporty a.n.l fer oily fu.ba roquiraai to to paid by Laasaa I ,J undr.r tlw ..•►laa tb< Istria of the ';t.hle o. N]thitlgton. -1- /:x(Ilpl~ PAGE 0 n 1 CLO/LCO1A JeAMe$ eAUOL f W03 8TIIIJ0311OhOJ3SI XIf4T 67 :fil ran n7/97/0t Q/ ~ ~ ..6 . • - -.~_-~yJ :vwa -~~.~cKye~l~b~~~~Lr•..1~~~R.~ 1~~F~i~ 1. Rancal. w (r) Lnaaos ohall pay to Lessor a bass rent at the rats of 9lo 1howsand Plve Ilundrad and 00/100 WIlars (11,Sn0.001 per month for the (lest full twelve (13) ealandar rc,ntho of tha loads tame. At the expiration of tl,s first cwolva (12) calendar months of the leans tam and every yeac thuroaftar. thn Was rent xhall increase I by S pareant at thu rrevtoua year'a rent. (b) All rental paymonte.ohell he payable in I lawful moi.ey of the llnitad States at su.h place me I Loader rwy fro.n time to tome deelrynata by notice in wrlt(rVj co Laeeco. (c) except as provided in subparagraph (a) above, All rental payments shall ba paid monthly, i:l 89%anca. On or hefora the first day of each calendar month. Rental for any part of a saonth shall be ' r pro-ratrd. 1 S. Construction of nuilding anA romovar4nts. Lasses agrees that • It will construct on thw promiseu a modern "tel, together with usual and nacaGu4cy app•ircenarcea (hueolnift..vr refurrod to os the "improvements'). The buitEirg will he conaatr„cted W au to contain not lean that eighty (W) rlotel units and the plans and specifications shall be ■ub~sct to written finer ava]__r~)~DQ~,, which approval wi11 not he unreamanably wit a ~.e6uaa aryradc co conccrucc said improvements :n accordance with the l~ following CorviitInn¢, 1 (a) I.cacce shall pay all costs Aral expenses arising nat of or in connection with the conatruetion of - ( said t,aprovemente, Including payment of the debt obtained for cenutruetion financing. Lassos furchor I ugrcco that it will w.kc payments of all such costs a„d expunaea pramlicly when due and withauc unjustified AalAy. (b) wave* ahall )amodiately, upon executlan of this lsaao, begin the proparatinn of plans and apacificationa for tl,a improvements, and commence, conutruct and ca,uplccc tha mama without undue Intcrriipcion or duloy. Losanc, hnwaver. shall not be In ,lafa.,lt hero•,n.ier by reaecsn of tiny interruption or dc• y in the preparation of the plans and spocificatloms es in the coa,nancomant, construction or completion of the lmprovcmnatc vaus44 by ActA of God, acts of Lessor, otrikaa, :ny^atto at other matters beyond the control + of. or :.nt rcaapnably foreoreah(e by Loosen, I (c) Said lmprova.aantc shall comply in all rnapecte with tha lawn, ord(nanced and regulations of i govurrunantal tuldlad and agcnc;ca having ]l,rladlctloo ovar the manner and method of construction of said bullAlnry. (d) 1•ooaoo allati Immediately upon comancinq I the physical work nn uiid Improvements notify Lessor whet such work nee hug, co,•aPancad. (e) t.vases shall taws Ong (1) caAplste Set of all r~+tA„o, spocificaclona and other basic snginoaring dr4wlloju and d.3tal wised In the cdnetructlr,n of ohs lXNlf)1T it PAGE 0 09 t--- N O/RFO(Ll Jaha5es eAuol F UIO 'A TI TI in -jYIAAAII'IC7 VW JT A7"ha 01%1%7/07/AI -Y ietprovemcnte to bo made available to Lessor as such plans ern prepared and made available for the use of I-dosed. ttovevor, all such plans, epdcLfLcatioua and ocher basic sogineertnq drawings and data shall at all + Oman be and rer*atn the pcopertV Of Lenten whether Cr not tub Lwprovements for which they are prepared are constructed, and ca.•not he used by t.sssor for any other project or purpoaa or hd wade availabla by Lessor to any third pert; rdr any prrrposo vhaesodver without the written COnaenc of Losceo. ~,yJ (f) upon completion of construction. Leases ]Y shall dtritvac to Loco•t c0i.tea of all "as built" plans. !1 - 6. Cae.pllancs with Tigard Planning br-`~nc, (041 1t la understcOd that Lesson agrsas to bear all costs and cxpcnaoa invc,lved in making the land and Octet complex comply with the 9uldslinee establLAhed in o the Staff Report of the Ttgecd Planning bupartatnt I attached hecoto sa Exhibit "C". (b) It is also understgod that Leases acknowledges that at some time during the lease and/or renewal term that. It may he neccasary to dedicate a 10' right of way cc the City of Tlr:rd and Leaned agrees chat said dedication will have no affect upon the terms Van and COMLtLons of thin lease. 7. Taxac. (a) Laos** shalt Imy to Loasor, at least thirty 130) days prior to tho lest day rhen payment can be lnaoe without incorast of penalty, all ad valorem real eaLate taxes levied upon anti a>wadaecd against the premises (and the building and other improvements co be constructed ' thereon) which are due :end payable durtog the term of this leaaa. Taxed aaaeasud covering a fractional year at the camenceaiant cc teneinscion of this teaat shall be pro-rnted bctwc!on the parties provided that if any ouch cizaa are aoaoaacd only for the portion of the year durtnq which Laos** is entitled to posso2sion,af the pre,ntaes, then Laeaeo chap pay ail such tares for such portion of the year. Lessor sheik ensure that all. Wits 1 which Lessor raceLvea, If any, for ad valorem ts4es I which era to Ids feid by Lessee are sent or forwarded to Laeseo within aufficient time to parPit timely eontrot thereof and/or remittance in the ro Waal course of ~ ~ buult•a~r.. (b) Spacial assessments applicable to the ' i ptsa+iaes shall he paid by Lessee to Laseor at least thirty 1101 dAys prior to tro last day when paymani can be made vLthout interact cc panalt7, but only to the octant that 611C11 andeamsente becuaa due and payahle in [ell or in tnatailmento during the corm of the lease. Thous installments which vers due and payabta botoce the / concnan'ament ut thn drlglnel tarn of the lease or which are due and payable eftcr the torminatloo of the lease shall, bu the cnta reaponsibi%ity ar,1 stipanso of the Laasor. for purposoo of thij aection (b). eicept fvr payp+ente or inatallments already paid, payment in - j inatallmantu over the lorvleat. posetbla teem aha11 he FxlOUIT U Pll3F 0 0 S CLO16EO W1 aaAmes eAuo 1 f W03 a T IT I In T I ;JMn I'1R7 VV J7 A7 01 OAA7 /07 /AI ..•e.r i+:~: }il►l'!i •t a Q` ~-I : `a•.~'r~ s f t '.,;~;~~/(_~w.• • I . + duMMad to havu boon ufoct.rd in any instancy where s daterminabla aistion ao to My axiste, Or may eKtat. and Loasuo Quit fee r th.3 expunoo of only such inetailmonte cw vh:ch bocomt duo. phyabla and Aelinquant during Zhe Indus under the lnstalluaoot option. Lesaor ahall give to Lassaa timufy notice of, and any opportunity to participate in, "IL hoarings aid negotiations regarding special aaaeebmanco sffocttnq the deamisad promises. '-pocial taaaoam4lnts duo and payable daring the calendar , yaare in vhich this lease ca.+manees and to mimtea shalt i he loco-ratod tw+twaon the partlas. (c) Lesaae shall have the rlght in Ito name or the nama of lasuor if required co contest or review by administrative or legal pcoceediMe, all or any part of any tax or apoetal auansamont which Lusatia is required to ray he:eundor. Lessor shall eooparate in such roauonablo w3yF as may be necessary to further any ouch procednrd by Le saea. I Id) unauca LlialL pay as the same became dud an4 payable all purrnnul Property taxes, epocial assesraaoncs and other chergea levied upon or soneaeed agalnet tb.a fixtures 0-6maci by Lessee and located on the prcoloce and %tlch aro, or will hucrma, a lien Against the premises. (e) L-:aacu shall pay an the same become due and payable all oLale incrtua tntco tin the rent payable under this lease. I e. lnoursnce. ial Lcraee olhall at all times during the term of this leans and any excenaion hereof, at Las soe's own expense, ktcp 14- ef(cct and foced fire and attended cuverailn firs! insurance in ao am wnt equal to 90 percent of rc,pl acemanL «ut. Ib) Such insurance ehall be procured from raaponeihle insurance cofaprnies authorised to do business to the stato of Oragoa. (1) In the event that loos raeulto from damage which Loosaa in obligated to repair, under the pravielonn of Articlu 9 hereof, the proceeds ntalL be dead to (say lhu coot of ouch repoire. (21 to thn event that lose results from total or suhs:antldl denCruCtlon of the 1m,rovLtaent6. the Loedes shall rabuild said improvements undef the proviolone of A[ttcle 9 hereof, then such proceeds i oha1L lie used for loch rebuildlluq, with any hatanCO rea.atninq h^inq paid cn leosee. Lessen agrees to hold Lesaor ayumpt and hamlaeo from any damage or in}ury to any potson, I Including death resulting therefrom and to any go d o, varce, worcllan4isa Mnd other property, cool or personal or any person whather on aaLd premiaes or not, arising from t`se use of said promloas. and Losedo shall, vittsout altering or n-oJi.fyltq the fne.Agoing covonanta, obtain. pay for an4 meintala throughout the term of this leaio public nobility lna•sraneo Ln a company satiefaei.ory co Lessor, naminq i.conor and Lessee tharain am insureds awl _r 40 providinq for oaaprehenaivs liability coverage ~ ► I EXHIHIT 11 Pik U 114 t -.A _ 19 ~ CLO10000 JaAmes eAU01 F m00'2T1IiJ0JIi@K0jjSa •,r'a.ar n? 01 i .ate"-~"~ - - a . . A Against injury to any one person in on amount of not rt. leas that Two Million and 00/inn oolLars ($2,000,'000.00), end Lasses shall deliver to LeseOr copies of all policies or certificates of insurance companioi providing sold poticlaa that leesaee is required to keep in force under the provisions of 1 ArClr.le A. The S.aottnt of the coverage shall be ' Lecrea6ed every three D) years usiaq the Insurance Carrier'e %ppratvals acid ReCOMmendattons . The pr.w ieione of this subparagraph (]1 shall not apply to damage, ln,ury at death resulting from the acts or nagltgenCS of (.eesOC. • 9. Destruction. *n the event. that the improvements or any part I thereof are Aoctroyed by fire or other casualty at any :Isle or times durLhq the term of t?.Ls lease, Lcaeee Shall commence the work of repair 'or replacomont with due diligence and carry the work of repair or replacement through to completion without sindde interruption or delay, other than - - interruptions or delays beyond the control of Lcoace, Lasses ah^ll, in tanking nuch repairs or roplscaments, follow the original plans and JOe speelficat7ons of said imNrovem"" to the etecnt practicW O (sublaet to I requLrc-oatcs of 9overnmetttal Agencies) unless new and different plans and specifications are mutually agreed upon by Lessee and Lessor. IA saes shalt be entitled to rectiva the procoeda of the insurance hercinbafora required under Paragraph 6 hareof, to pay for the cnat of such repairs or raplocements. 70. Hainto.,ance. I.ossee shall keep the premises and Improvements In good axl uecary order and repair. replacing all broken glass with glass of the tame Site and duality of that broken, and shell keep the premises, llnprovaacnts and all things connected therewith, including ad)acent sidavalka. In a ,~lean.and healthy condition and in good repair. in accordance with the city ordinances or tho City of Tigard. State of Oregon, 1 and the direction at the puhtte offlcera having )uriadlCtlbn over the I preml.aee, during tre torte of this lease. at Its own expense. On the carmination of this lose. Its any way, icasee will yield upon the promisee tp Lessor in good condition and repair. Loss by fire or other casualty and ordinary veer ant tear escepten, provided, however, ieasor may elect ca roquirs the I.aeasa to cause all Improvements to be removed and all 1 eveavatlons causad by conatructton to he fitted. The Lessor's election _ ~t shall be some In vrlttnry. Lessor shall not. during the term of this lease, , he required to uyko any repairs to the prctolsna aril improvements. = IL. lltilitles. Leeaee e!talt pay all charges for ntea,n, qsa' ■I electricity. I g~hto, water. hest, poser. sever and other services aced in And for the premloao leaaed horeuMor, and ohall indemnify Leaeor against e~- any liability on suzh account. 17. Condemation. If any pert of the p+remines shall be taken by any puh:le author ty under the power of colnant danain, then the term of t this lease ahall cease as to t1ta part so taken from the day possession of j the pyre oo taken in denied or construccivaly denied to Iw■a•c. In the I event of a partial wklrmj of t7to premlaos wbich Aota not affect the value of the rental Income from the building and/or Improvements conscruccel by I 1 Lessee but effects only the land. t.essor shall be entitled to any awns that MAY be awarded to compensation for the part of thA pttMiltS so taken. In the event, that all of the premises era taken or so much or said preaLses art t^kan as to ron to tho uce of the rdmainder thereof tnprecticable or to I affect the value of the rental income teas the tnaildiug and improvements constructed by ieeeee. I,44sea may, on or before the day fusses it denied or constructively denied physical pesseeslon of the condemned proparty, elect in writing to cancel the lanes Agreement. In the a'Vent. however. Lasete chwiles to ceTain In poonesalon of the renaming portion of the prentLeaa I after oatd late, th.l roi.ts rayeblo ny Weaea to Laseor shall be equitably rrAured. %;.cept as htlrr,inhe'otn provf.ded with respect to tha condesmatton of a l.orttun of tho premlea4 that. donn nor affect- the value of or ins rental i+ EXHWiT It PACE C f) no/ltoV1 JaAffies eAljol t W03 arliI ln:,ri.L%njigj VW AT 17 P1 onr,7 >071r1 to income tram the building and Improve,"ents, the amount of the candemnstlan award ettrinutable to the reel property (but not the improvements) shall be payable to Lessor and the remainder of the sward shell next be paid to t,ee4ao. 13. Altarattons, IAaase 4111611 not, Without the written conaen: of + Lsaaor •.htch a al not be unceaaonaoty withheld, wake any alterationa or. I modiflcutione that would substantially -affect cNe architectural lnregrlty of lpprovanente or affect the utility of the Lteprovements for the business purpouo sat out for which the pretafoev herein are leaned. t 14. Aesignmani;. Except as herelnabwe provided. lessee shall bava no right to eaaign tT%lo lease or sublet all or any portion of the p•operty without the prior written approval of Lausor. 15. Financln7. YE is hereby agreed that Leesae.shall hate the _ right to enctoat..se or.ly the motel and not the land for construction pt-rposee provided that the terns of any such encumbrances shall not extend beyor:d tha. term of this lease. The l.oaeee ■hall not ancumber the land being loaned in any way in its construction or operation under this lease. 16. Termination. All buildings and improvements and fixtures ~t placed upon she laaI M premises by the Losses shall be and remain the property of the t.eeeee .o long as thla lease shall remain in effect. Upon { termination of this lease, by uxpiration of time, by agreement or for !1 default of the Lasso. all such buildings and Improvements and fixtures ' (except trade fiKturea) choll become the property of the Lessor. Ltd aue^_eoaors and aseig.tu, together with ull rights of the Lleeee, Its ! ■ueccooor6 and assigna. and occupants of the premises at that time. To ,sake thia provlolon self-•exacuting. Lease* covenants and agrees that upnn torminetlon Of t-i.ia levee, title to Ail the 114prove.eants and fixtures „ i (4xc4pt trade fixturco) ohall pees to Laaaor, its succtesore and &&sign& _ I lorthvlth and without the nocau6tty Of any further conveyance or assignment. I 17. default. Each of the following shall be deemed a default by ( Lessee and a Sr`edcTi of this 100801 (a) A default in the payment of rent herein resorved, or any part thortof, for a period of ton (10) days. , (h) A default in the performanco of any other covenant or condition of this lease on the part of Leseea to be performed, for a period of thirty (30) days after aorvice of notice by Lessor on tosses. In the event of a default by Leases as I specified in ottbparagraphlis(&) hereof, and after the expiration of ten (10) days tray the data of receipt of '.rrrrrrn empire by t,meeor to Leads. durlnq which time t.asase shall have ciao rUjim to cure aurh dafault. Lesaor may serve a vrittan notice upoh Lessee that Lessor elects to terminate this lease. and this lease ohall then expire on the data specified in such notice a• it that date had been originelly fixed as the expiration date of the term herein demised. In the eve t of default of 1.66444 68 specifted in subparagrapli(b) hereof. and at any time thereafter until much time as such default to cured. 1-nosOr nuy matve a wtitcan notice upon Leases thst Lessor elects to terMIAGtO this Image upon a speclfLad date clot Igoe than thirty 1301 days attar the date or sarviee of gush notice, and Lh the . event that a:,.:h dcf..ult is not cured mar thereto (or 1 . in such eddltionat period of tlrre ae any be required in - the Cabo Of a curshle Aefsull not auarerriblo to cura within t1tirty [301 :!aye, provloen Laasea ttndertalces to cute l:he mama wittlln cite thlcty k303 daye end thereafter 1 I exH1l31s pAoE o o6 1 2. uo/Obof~j aaAmes eAU01 t 0103 at111JOJ1101ra0J351 xvar iz:r.1 Ponziazini 1 ~ 1 411lgantly prosecuted th? same to completion). this lease shall than expire on the date so spactfled as Lf that data had been arlslinally plead eo the expiration date of the term herein dasnieed. (c) Notwtthetanding any temination of this Jesse, the Leaeee shalt continue to to liable to Lessor for the daaagoa caused by the breach of the lease. I 19. Aca+edlaa. , (a) In the evonc of any termination of this lease by ceaeon of any default rr Drench of U aeae as provided herein. Lessor shall be antltled to recover . front Leases and feasee shall pay to leeasir as liquidated damages for such breach the followings (11 An amount equal to all expotrees, It any. including reasonable attorneys' fees, incurred by Leseov in recovering possession of the demised peamteas, and alt reawmakhle coats and charges tar the care of sold premiaes while vocant, which aball ha due and payable by the f_easee to Lessor _ at such time or times as such exisenaas are incurred by l.nasors and An amount equal to the amount of rent roeorveA under the lease, less the net rent GOlleCtei by LCapOr on rcletting the pr"lees. I which shall he nud and payable by Laasee to Leasor ` in the fuveral days in filch the rent roans ved in l thin lease Winn have become due and payable. _ 11 (b) In the event of a default by Leases in the payment of rent or othcrvime, Lessor may elect to 1 continue this lease and pursue an action Against Lessee I to collect such unpaid rent or to otherwise remedy any I ouch dofoult by Leaee0. (cl All remedies, rights a-v1 options accorded hoeeir\ or otherwise available to the Losaor shall he cummulative, and no one such renlady, right or option shall he oxClusiva of any other, and the pursuit of any such rea+edy. right or option shell not he deemed to 6W waiva any other or d''Ffarent ramody or relief to which I Lessor might othervtea be entitled either at loll or in equity. 19. Succeneora• Thic lease and oath end all of its terra and t+ provisions ehiTroU tirndlcg upon and inure to LsusWr and t•Q01410 t-A aact+ of them, their successors and saaigne. 20, Notices. Any notice to be given by Ie.esaa shall ba personally 1 delivered to l.e*nor, or may be m44a.by certified tail, return reoelpt requested, at Lincoln Cantstr, 8wite 201111. 10250 O.W. ofeanb urg Road. F ortlond' Oregon. 972!3, or at such address an Lessor shall Itereafter designate in writing to the Leaaee toil stay notice to be eilven by the lessor j shell be personally delivered to Lemmas or may ire mode by cartifled mall. 1 return receipt regyeatad, to the lwsass at 10091 S.W. Fifth eenvseton. - 1 Ocsgon, 97004. ce at such at.%ar e4dress as Lasigen Shall designate in vrltiaq to the Lsegor. Lexaee alkali promptly notify too Looser ./itltlu five (S) Cays o, its recnips of any notice racelva4 front chq holder of any eecurlty lrssars♦at harem that spactilea any Jefaul* believed to exist by the said i hburat% of stay encutgbreace on the building that eperiftes any defsutt ` bvi.Levad to exist by k.he et%rj,,%branco lioldar and/or its successors and assigns and such nntico shalt bo (liven Gtr prcwtdcl Mervin for ocher nati,cea. I 2 2 EXH1131T n PAS 0 07 EZO~Eh0~1 JaFmes eAU01 W03'aT1TIJ0JT10M0JJSa YW4T 17'91 QAA7/a7/n1 i• t 21. Welvsr.. The waiver by ieseor of any breach by the Lasses of any terrae cevsnsnt ae condition heroin cnntsined shall not br 4semad to be ■ I waiver of any subsequent breach at the ■ame or any other tone, crvenant or condition herein contained, _ i I 22. short Poran tease. 11%e parisa hereto awtually agree that Mt t the time of Cho execut on of this loans they vlll also eaecuta and ■cknow1wige a Short form lease which shall be recorded prior to the date that a loan for the purpose of financing the construction of the I lmpaovcments hereunder or any other purpose to placed of record. 27. Entire Undertaking. This base contains the entl•ra l understanding of-the pact ea hereto. and they acknowledge that there le no _ I other written or oral understanding or prasies between the parties In respect to the premise., anti that no repressrrationa except those that may , be contained herein have been wade. 24. Paragra'h _ l!aldi s. 'ilia paragraph headings In 'this lease are ineerteo.tar convenience and' are not intended to indicate cCmpletely or accurately the eontenta of the paragraphs they introduce. 25. Attome s' pees. In the even, it 12 necessary for aithet party to MOPloy an attorney to onforce the terms of this lease, or to file an notion to enforce any time, 4onditions or rights under the lease, or to ' defend any action, then the prevailing party in any such action Shall be entitled to recover from tho other all reasonable att.orneye' fees, costs and supenees ■s may be fixed by the court. and such attorneys' fees, costs and ' expen■ee nwy be made a port of any sward or 3udament entered. 26. Quiet Posenepion. Lessor warrants th... Latest will enjoy poaeeful aM quiec p6aaeooion of the premises. I a IN 11MCSS MWAMP. the parties hereto have -vat their panda -the day and year first above written. t e LZSGOAo i~SB££a WM COAST BERVICS COMPOM U it am F. arenner rc B a er r I r r na Drunn r I dally o _1 chaa eC z - . Inv 2a~ Ottuf L-11774100 M t _ 1 GO urr t:XHINlT 11 PAO~' fl (1 n i -n- (r CLO1000 aa,Aae~-' eAUOI 4103 811jlaO3110MOJOS3 XVJ1 L7.:fl 9007/97/OL .....r.~.t - ) .x.11.^ =s7a~~a..~.,ar.~a:ir~:a.-.ia.,-~►f:r..~s~ ' Q. I - I t STATE G? WASUIUMOO ~ Cuuhty Of Ciarl: 1 On this day personally appeared before ae R08CRT M. SCKVXZR and GAMY JO BCHUIPER. 14nab4nd and wife, to me known to be the ind:viduals • described In and who exacuted the within and forsgoldg instrument, and acknowleagad that they signed the earoe as thbir free and voluntary act and dead, for the uso6 and purposes ►heretu mentto0e4. OIMJ under ay hand and official anal t1►te day of-januacyf 1984. I Note y b n . .90f Cho tats of YashlN]ton. residing at I STATr. OF WASHUMTON 1 ee. county of Clark ~ On 'tis day personally appeared before ma CLIFFO;tG G. POWER and PHYLLIS J. POTTER, husband and wife, to me known to be the indluiduals described in and Mo executed the within and foregoing inntrulsene, and f eckcovledgad that they algnee the some a4i Chair free and voluntary aeL and +I decd, for the uaoo and ir,rosea therein mentioned. i arm under my hand and ofrL-ial meal this ` day of `acwary,~ J 1904. t4t,y Pobl Lc in a oc the u a :l of Washington. rmaidinq at • 6tAre Oe HASrtrelcrat 1 • ' County of Clar:c ) j On thl% day personally appeared before re Gr,MLD V, MI IR, a single I roan, to me known to be the individuel described to and who executed the sithln and foregoing inntrvnent, and acknowledged 'Itat he signed the same no his free and voluntary act and deed. for tt.u n:.,:f, aa,t parpacte thtrata mantlonad. 1984. GIVEN under my hand and officlaj seal this day of Jonas y, ota P.bil and tar the 6tace of Washington, residing at ET'ATO Or 11!lRIUNUUM l - - 1 laauniy~f r~ ) I ~I On thiA day personally appeared t,a!ore -oa w:LLIA11 V. bittlI :E11 and LOCUMS 9RBUMUlk, husloat.d and vita, tape known to bs the individuals = baacribed in 4114 Woo axacuLUd tl•.o utthin and foregoing tnstrumsnt, and c slut 11 PAQF u (1 E) O/Gb0(1 18A*e:S eAU01 F W03'2T1L110JT1,1&.0j3S1 YW4T 17:x1 qo0?/97./0L . r _ ~.ar J-y id.~10q :1Ni i~d~ ~:w r~.v~l~ • i~..YrI~I~Y~'l.~t~.r~`. at.e.~n ~ • l J I i 1 ~ f 4cknov1s4944 that they signed the sane as their free and voluntary got and dead, for the usaa And purpocoe therein m&ntloned. - 11 G1VtM un4ar+ay hand and official seal this ~L, day of January. 1 1904- A ~-n Notary ubtic In and or t is State of N.aA_ sea. restang at 6TAn OF Nip.1fl tGT'OH ~h► e~..•..r..~.~ r..•.RC J~~c I• 1 eA• 1 County of,41-.x On this day personally appeared before *A ('.f to lee knc-n to be tho individual described ins +o eras e ~ t n a forego1nq instrument. an4 acltno%Lo49e4 that, 1,, ■lgne4 the eanke as free an4 voluntary act and dead, for the uses and purposes therein iment.FGA04. -A A4, " f'. GIVEN under Ry hand and official seal this day of 444vai~ 1984. 1 - iA-. a b C n e or e cats , f a Phingcon, residing or. I ; GTATB Or W EMIXT04 as. 1 . On thin day parsonally appeared before me %a we known to be the Lndivtdunl described in a • executed v t n / a foregoing l.nctrument, and acknovledi7ad that _Z L signed the salve ae tAjA- ) free and voluntary eot and dcod, for the uoea and purposes therein r. ~ roont onsd. ~ _70 4ry of Jaa.~ry~ e. GIVEN under my hand and official veal this 1 - ~ 1984. 1 tooth -Pu a in a o he tats ' of ahington, residing at 1 BEAU. 6+11f1EFER, JUTC11ISON. Wyl"P-, rgmen 1. lwxloi+ ActocnJV4 at taw 1014 irrooktin Street Pnot Off 1ne 11nr 1140 I~ Vascauvat', Waohingtun 9K66-1149 ExHIbIT I1 PAGE; 0 1 fi - C!_0/9001A Jalges eAUOL t10a a11UJ00tLo1M0a0s3 X'VAT L7JA 9007/97./0L w STATE Or VA IINGTON I County of - "ItIl It 1. tho undirsianed, a nocary public in aad for the State of Waenington. hereby certify that on thin day of February. 1984, perdonaily appeared before me CIII'_MNG POND i and WEN CHU PONG, husband and Wlld, to me known to be the in- dividaale deaeriuod in and who orecuted the foregoing initrq- - sent, and acknovledgod that they uigned and eealod the eama tie their free and voluntary uct and deed, for the upe■ and p4rp oepe tuarein mentioned. f Given under my hand and ffictal aeal the day an4' i year last above wrttten. c~ Ot ry puUl ir. 1n and fo the dtptu or 1/aehiactova. reeldina I - 1 - 1 i 7• , I I 1 ~xNtotT prok G 1 t i CLO/LhOIA Jadmes eRu01 F W03 ajlilJ0311eaO J3s3 x'd3I IZ CI 904Z/9Z/OI i 0rd'ar fin.; 1-608816-44 w MISIT A A tract of land in tha Northwest one-quarter of Section 15, Township 1 South, Rangs 1 Welt of the Nillamatte Meridian, in the City of Tigard, County of Washington and State of Oregon, described asfAllowal I oEGINNINQ at the southwest corner of the '01. L. Graham Donation Land Claim No. S2. Yownship 1 South, Range I Wes: of the Willamette ..aeldian, in the City of Tigard, County of washingtoa and State of Oregon, and running thence East along the Souc.n line of said Donation . Land Claim, 1307.9 feet to an iron pipal thence North 0.20' East 0.13.9 feet to an :con pipe on the East line o,: that certaLn :radc of land conveyed to Andrew Worm&bace by dewd recorded on P.ao 9 of volume 201 of Nashtington County, Oregon, Deed Records, which paint' , in thA true place of beginn!ng of the herein deaccibsd tractl thence South 8S•SS' Nese 396.67 feet to a 1-inch tear. shAl.t.ite reset at sCation 30+S6.2 V.O.S.T. of Washington County Road flat No. 2017 Croanbucq Road) survey of April 19671 thence along a curve to the rl~-hc, with a radius of 686.2 feat and a loaq chord which beere )forth ]8'16'45- East 40.91 feet to a 3/4 inch iron pipal chance along the East right-of-way of said C.R. 2043 North 40011' East 225.82 feet to a 2/4 Inch iron pips; thence South 71424' East 228.29 feat to a f- inch channel iron] cner.ce South 00"16' West 121.19 feet to a 1-inch iron nice, the true (point of bo7lnning. ToGMISA WITNI a non-exclusive easement for road and utility purposes As set Forth in ersom.enc agreement recorded June 28, 1977 in Boot i:d. na,.: 69, +~:hin~ton Counts- Dead Records. TOGETHER WITH an casement for road and utility purposeu as set forth ►h easement agreement rococded JuLy 20, 1979 with fee Hi. 79028579. ..I I I _I . Ii .I i 1 I 2,1 fXNIQIT R - n r pAQk A l 4 E1(1/Rb~ISI JBAmeR eAuo( F mn'1 AT IT I In-ITI@An,lc73 VWJT 1 7 01 QAA7/07/AI ~ 'r ~,.:rlsd~:~ ~~l _~Y~rff,~' '~af..•~wKlr~~•!/l~sji.`:'~M~~~ t~1'I~l~l~~~a::. _ l'1 TkIl 1111 64044772 ~ ~ tA_rt!'Rlrrlux VI 1fn51; - - I \ tills mroofiAtiouM or i.CASC, dated tf.lt ~~~day of ,c ny, 19[14. fs by end between J% t' Gerald V. till ler, Clifford G. Putter and :'h Ills J. Patter. ind I(pnert H, icheeer aryd • LJ Sally J ar(WW1 w(ter til~ed'l1eURS& wAC+sc aGurels Is-)a f_k. Gr~enburQ x R0a-dut to Y(Ksd - Portland, Oregon_ 91227 and 14111 t_un f. A,•eniier an(j Lorene urM ~r _ 1 j~ dnd.Shl_T~4~~ ~tth9_.t1d..Hizn-t:h:LPOM - (+ereinarter c~~ the LSE), All rsttbose prlnCip.t1 plutt OF IIY71t+CSS IS ota ed AC -San!_ 8204 - - - LESSOR dnes hereby lease to LESSEE that certain premises with ltnprovex+enLS end appurtenant :ase.knts, if any, situated in the City of li1a174. described in FIN181T'A M3 attached lieretu and woole a part hereaf. TO IIAVL Aqp TO HOLD for d tern COUVACing as of fehruary 1, 19II/, and ending thirty (301 years frad fcbnwry 1. 118-4. Forther LESSOR does n^raby grant to LESSEE, the right of option to extend the term of tais Lease upon the expiration of the original ter+u fcr successive periods aJtjregatinq twenty t.10) years. The rentals to be 1-ld by LESSEE and all of the obligations and rights of LESSOR and LESSEE, in respect to the jbove described rental for the original tam and the ~ . exlettSto.t therot.f dre set forth in A c+•rtain lease d:.ted Janus ay LA 1781 executed by Elie parties hereto. This instrwent is merely a,ncaa,randi of Elie ataasaid Lease and ta•_ it sut.ject to all of tk. term, cotuittlons add provisions thereof. In the event of any Inconsistency hetweun tiro ter@-s of said Lease and this instrts•tedt. the terns of said Leis: shall t,revoiI As betwo-t . we parties hereto. This uhdnoritedunt Is blodleg upon - and shall inure to the heor`it of the heirs. successors, assigns. and executors and 46~.Iwittrators of the iMrtius hereto. I 111 HITIICSS Ialciamr, the parties have executed this memorandw as of the day sod yedr first above weittutt. Lt•SSSOOP: LESSEE, of d Y. iiilly Ilillt.... Urea •r ure+uler t or I o t i,: r t, cow ~/k Fiyt~J. PoCcer ~~y .;7r r STATC Or ItASHIRGTOR County of Clark 1, the utide signed, a ptitarr public in and fer the state of Washington, hereby cerif,, that 6,1 tnt: rt:, clay of .1•+t•~„ii'11.~_1910. personally appeared he fore let ROBOT N.• SCIIAEFER, ` SALLY JO SEIIACI Lit it I. I.- CLIi iUU1 1:. 1.011CRand PIjYWS J. POTTsR, 11 E li•L sn0 _ fC11AL0_il__HILLCI2 t0 ms k,ulwn to he tl.e ialivtduaIs described in *nd who executed Jhe furcyol4g +ustry.Arnt, awl atk+..r.l,dyett mit they signed and Sealed the same•4$. [!lest, tree a+ul voluuta~y act at,d need. (or the- uses And purpostrs thereln wentioned. Given under wy lia-l..tdl n1f.t.41 sr81 the day and year last above written: STATE OF taRdl(lIM'M nw:CAN Yffot y 4`uttf 1t f A end %r YftC sGiji• of _ County of t2Utnf1(_ ttn+.hi:il;t~n llasningtou. residing at the undersigned, a notary puhlIC In and for Ctut t- tdte o1rhV4WW0h 1119 ~crt th,t on this ai,4►n,.y ut January, personally apgearcd before tie I LIAM r. ORENNCR and LORVIC IIIiLiIRER', 11 I lt, dMl _ _ _ to ulr.kno.al to be the tndt~fdd+~`s dase ibvd~ a and tdoo executed the o~ regoing instruu~ent. Jim arknunletltjed that they tirytwd and sealed the sapa as their free clad voluntary act steel dr.14. in#- the ust•< an.: purpnics therein t..et+tioned. E:atiliK )i P0 U 1:1 froe" ~x en '11,011 ..y 11 AI'll dial ufflC1161 Seel the day dnd y r last ohave xrlttt t n . .-1 i(nt.trv p•d.lir to zrol for the %!Af.• of j E10I6b0@I JaAates eAU01 F t107'2TITIJOJ1:Io18.OJJSa YW4T 171PI 9r1fi7/47/ftl 1 Otder 11.1.: -eoaVc-t! EXHISIT A A tract of land in the Horthwest one-quarter of Section 3., Township 1 South, Range t (test of ttie WL1Lamdtta meridian, in the city of I Tigard. County of W.,shington and State of Oregon. described ae foLlows+ BeGINNTNC at the Southwest corner of the ff. L. Graham Donation Land C!a1m Nn. S2. Township 1 South, Range 1 Wept of the Willamette :~•:rid.an, in the City of Tigard, County of Washington and State of O+r:yJg, and running c!+encs East Along the South line of said Donation Land Claim, 100.9 feet to an iron pipe) thence North 0'28' East 043.9 feet to an iron pi4-3a on the Fast line of that certain tract of land convoyed co Andrew Wermshorg by deed recorded on Page 9 of Volume 201 of Washington County, Oregon, Dead Records, which point LS she true place of b-sgtnning of the herein described tract; thence Eolith 05'se• tress 396.67 feet to a 1-inch iron shaft-as reset at r.tatlon )3*S6.2 P.O.S.Y. of Washtngton County Road Plat No. 2043 ••;.+1. Ccoonburg Road) Survey of April 1967; thonco along a curve to + the right, with a radius of 606.2 )feet and a long chocd which bears North 30016'4S" east 40.61 feet to a 3/4 inch Leon pipat thence along the EAst right-of-way of sAid C.Q. 2343 North 40'1S' East 225.62 feat r to a 3/4 Inch iron pipe: thence South 71'24' East 228.29 feet to a 1- I I inch ^.hAnnel irony thence South 00416' hest 121.39 feet to a 1-inch ' ►ron phi,?. the true paint of begian•.ng. in$S M~ NT NO. 1 "OCETHER trrTH a non-exclusLve easement for road and utility purposes as set forth in easement agreement recorded June 20. 1971 in vook _ 11;0, pago 69, Washington County Deed Records. " . I r1-SF'4ENT M. 2 TXFTHER WITH an easement for road and utility purposes as set forth I i.1 easement agreement recordrJ July 20, 1979 with Fee t1o. 79029579. 1 I - EXH1Urr li 2_9 PAGE: 0 14 i ' - ..n.~:. • 1~~at.1•i f4f lY•-~~«I>w - ~4/yA(i.1: ••~pi~~7r/.N~ EL010so11 JaAgeS e,AU01 F WOO'aT1T1JOOTI@MOJ3S7 Yuan 17 c1 Qnn~io~in~ 1 1 ~ I at• I STATE Of MA INGT01! 1 County or - I, the undereignad, a notary public in and/ for the state of Vauhington, hereby certify that on this day of February, 18d4, peruoaally appeared before me CKi~tW FONG &Ad I N CHU PONG, husband and wife, to me knotn to be the LA- I dividuals described in and who executed the foregoing inatru- meat, and acknowledged that they signed and sealed the 6ama as their tree and voluntary 4cc and deed, for tho used and purposes ehereln mentioned. Given ulder my hand and official Seal the day sad I year last above writtat.. J N^~y. Pub is i, ana tOpJthe state I of Washington. residing at 1 _ I hail OF OM1004 fe.nry of M.awywn LC ~ oen.ld w w+a•-Of;~Kw1 of •w nlneM - I tw T.a,l.dn snd 6.•04l.ew a,eWOM of Con- .s.4.c.s lo, $Ma corms. doAlhd} C0111111 ma Of arae.n raaaan w OI wf.41 %M 9ee4&•ed tao recordrd in b7o► (4 vtcoldl ad U4 co.-My Odntld IN M.lon. 0•1K(01 a NNesn•.`p yd te•al-oa. Ea. ame-a CA.e, 94DWs 0614 '3%R _ ~ MUM 15 PH 2:14 PAGE 4 15 • •.-'M J.~~a•yr J'AP./•.+wRl.•~KS~r~+r/PVMM0~1I',~1+f '..•~sf+-.UO/Lsot~] JaAmes eAU01 F W03 8 T 11 1 J 03 T I AA 111a S 7 vv J r 1 7c1 0 A A 7 07 e-I 64044774 u ASSIGNMENT OF LEASE X ASSIGNORS: VILLI-W F. BRENNER and LORENE B MNER I Y' A69IGNEY: NARK S. KENSTREET ' DATE: ~Aa 1 c~~ e t. A. -ignorr., as defined above, hereby assig:t all t11ci1 cighr, ritle and ♦nteresc in and to the lesse,3'a n intarost: of that certain Ground Lease rated January 31, a 1984, bat:va•:a WEST COAST SERVICE COMPANY, a Seneral partner- ■ ship, and WILLIN4 F. j3RENNER and LORENE BRENNER, and 0111 TSUNG PONG and 11CN CHU PONC, lessees, concerning the prop- erty its described in Exhibit A, attached hereto ind incur- porAcad he"In. 2, h9signorr warrant that the leasehold interest • being assigned herein is free and clear of liens and encum- brances. Assignors warrant that the Ground Lease, as of the date of this Assignmcnt is t.at in detadlt and this Assign- ment shall not conutttute default under such lease. 3. Assignee, as identifi•2d above, by acceptance of this Assignment, horuby agrees to assume and by these pre- j "Ate does assume. all C_` the rights and liabilities of the 1 IrAsee under the Ground Lease described above. The true and actual consideration exprePsed in terms of dollars for this assignment is $ A.. - i r\ ASSIGNORS: ASSIGNEE: r L liars F, Orenncr Mark 5. Hemetreet C 1 Lor1~ 11rennee 3 I~.~ ~a -r~-/o--~- ASSIGN?tENT OF LF.ASk - Pagt 1. EXI idiT It na..1,.- t c r V ELO/Zi0 aaA&es eAU01 f W03 a11i1J03Ti0A0J0S3 XVJI IZ:C[ 900Z/9Z/Ol ~~:~r_tr1^T•••~.r `'a!'a~~irC~':1llwf:~,:'~~!.2".~~CSfY•i6~'Sr.H~Tl~..:~... I r* r I~ STATE Of OREGON 1 1 es. County of _!!!gphiPgton 1 Personally appeared before me this .19th day at Octo- ber, 1984, tihe above named Mack S. Hamstreet and acknowl- edged the foregoing Instrument to be his voluntary act and deed. Notary Public or Oregon My COmmissiOn Expires. q/L7/RG STATE OF OREGON 1 1 as. County of w2shtontein ) Personally appeared before me this IL day of Octo- _Lq ber, 1984, the above named William F. Brenner ana acknowl- edged the foregoing instrument to be hiL voluntary act and daed. ' Notary Pu is oc ragon My CommLssion Expires. Ril7/06 STATE OF OREGON 1 tlashinrton a6~ County of 1 Personally appeared before me this jilh day of Octo- ber, 1984, the above named Loreno Brenner and acknowledged the foregoing Instrument to be her voluncery act anG deed. t+otary Fub c - o!f r Oregon My Comml6sion EXpireS R,t)/Pi ASSIGt)MENT 06' LEASE - Page 2. 3 Z LA;14;;IT l; PAGa 0 ELOIF,9018 JaAmeS eAuol r W03 81111JO31101AOJOSI YV4 T 17:9.1 AAA7/97/nl .nom, - w 1 .~`i wE ~4 ~j~-~ r ~tlydar No.: 1-608826-~+ t _ l EXHIBIT A I A tract of land in the Northwest one-Quartet of Section IS. Township 1 South. Range i West of the Willamette Meridian, in the City of Tigacd, County of Washington and State of Oregon, described as followal I BEGINNING at the Southweic corner of the O. L. Graham Donation Land Claim No. 52, Township 1 South. Range 1 Hest of the Willamette Vacidtan, in the City of Tigard, County of Washington and State of Oregon, and rinning thence East along the South lint of said Donation Land Claim, 1007.9 feet to an iron pips: thence North 0628' $aet ' 843.9 feet to an iron pipe on the East line of that contain tract of land conveyed to Andrew Wornaborg by deed recorded on Page 9 of ' Volume 201 of Washington County. Oregon. Deed Rzoordt, which point is the true place of beginning of the herein described ttactl tnence , South 85'59' Nest 396.67 feet to a 1-inch iron ehAft.a: reset •t station 30.56.2 P.O.S.T. of Washington County Road Plat No. 2043 (S.W. Cceenburg Road) survey o! April 1967; thence along a curve to the right, wittl a radius of 666.2 feet and a lonq chord which bears North 38'16'45' Eaac 48.81 feet to a 3/4 Lnch iron pipet thence along the Cast right-of-way of said C.R. 2043 Noreh 40'15' East 225.82 feet to a 3/4 inch icon pipe; thence Ea-ith 74'24' East 228.29 feet to a 1- inch channel icon: tnence South 00'16' West 121.39 feet to a 1-Lnen icon pipe, the true point of beginning. EASEHV~T NO. 1 TOG ETHBa WITH a non-exclusive easement fur road and utility purposes as eat torzh ill easement agreement recccded June 28. 1977 in cook I 1178, page 69, Warrington County Daud Records. - EASEMENT no. 2 TOGETHER WITK an easement for toad and utility purposes as sat forth i In easement agreement recorded July 20, 1979 with Fee No. 790285:4. e suat Of o*eeon ' Ce.+4 Of W..Mwa,On fi w f- OoMW Yl.1•Ilton- Of• KfO, fM afNf~^VM TO.a1M i0a Ea•Ogd;a A4tGt0*t al QA- alt0 I .cr4wc,j to, Wo %QMMI. as 894140V Cl.f.ls Na - ~v -4. * a ..}...rasa .ra K, saw m apQm of ,oco•as of sa.a corer oon.V W IM„aw. &,"lor of I A"41~f ,a0 T,.u.an. Es- 014-0 ee.f N0.11 Clalb EXHIBIT 11 ppG~ p 1 f 19~I.V~Y) 3 PI4 2~ 14 ~ ELO/bSO~J JaAlhes eAU01 r WOJ @11i1J0Jti6m0J3S3 XU3T 7.7.:£L 9007/97/6L RA, 84044776 ASSIGNAENT OF LEAST: t ASSLGNORSi CHI TSUNG PANG and SIGH CHU FONG ASSIGNEE: HARK S. 1{FJf1SYREET G'a DATE: A_ I' '4 a 1. Assignocs, as defined above, hereby Assign all their right, title and interest in and to the lessee's A int- cat of that certain Cround Lease dated January 11, 1904, hatween HEsr COAST SERVICE COMPANY, A general partnership, lessor; and WILLIAM F. BRENNER and LORENE BRENNER, and CHI TJUNG PONG and WEN CHU PONG. lessees, concerning the property as described in Exhibit T., at- :ached hareto and incorporated hectic.. 2. Assignors warrant that the leasehold interest being assLgned herein is free and clear of liens and encumbrances arising by or through Assignor. Assignors warrant that the Ground =ease, as of the date of this Assignment is not in default and this Assignment shall not constitute default under such lease. 1. Assignee, as identified above, by acceptance of this Assignment, hereby agrees to e.ssume and by these prtients does assume, all of the rights And ltabilitaes of the lessee Under the Ground Lease described above. The true and actual consideration expressed In terms of dollars for this Assignment is 6:?t ASSIGNORS: ASSIGNEE: 1( 1 4~' -r,,. ~ Ch_ Tacng Pon if j ~ nark S. .crostceat 12 di H= 1u Po hg %Q 1~i311 it p,0 ASSL3S,11E11T OF LEASE - Page 1. 3q I Ilk • • . a v . I ~...,rr~rara .4 f.. raw wv . • ~r.•r.•.c~Y. .~,II.~Y/Ww~LVM~r•-. . .tea. ELO/SSOI~j JaAMes eAu01 F W00'aT111J00ilolMOJ3S1 xxar 77:c1 a0n?/v71n1 yy 1 r• STAT¢ of OaEged 1 t 0!. County of 1 Personally appaarad before aw this L day of 06_t hxr, 1994, the above named Hark S• Naostreet and aaknowl- - edged the foregoing instrument to be his voluntary act and deed. HoTh_ry ru c or Oregon My CommiGuLon Expires ff ` STATE OF t A.V94GCON 1 1 ) ss. ' County or S Personally appeared before me this -AL day of Octo- ber. 1984, the above named Chi lsung Pong and acknowledged tht foregoing instrument to be his voluntary Act and deed. ;Cary y1 W:er Was ngton n J, Comm ssion Expires STATE o~ wn~ccroK t County of rezu-nally appcaxed before me this day of Octo- i her, 1994, the above named Wen Chu Ping and cknowlodged the Eoragoing instrument :o be her voluntAX4 and deed. a• Notary u i for Was anjton My Commis8t n Expires A.'/ 194- I ASSICHMENT OF LEASE - Pago 2. ~r►;lf~lr ;J p ~ ' 02 AGE o _ r.. i~ r .w,!-wI~~V._ - .fir A•/~~♦w. -a--~_..Y~ ELO/9SoQ~ JoAmeg eAu01 t m03aUtla00tl0moa0s3 XV3I ZZ El 900Z/9Z/01 ~Oraer No. g 1-608826-N I~ ExKtair A ' I A tcact of Land in the Northwest one-4uartec of Section 35. Township 1 Soothe Range 1 hest of the Willamecre Meridian, in the City of Tlgacd, County of Washington and State of Oregon, described as followsc BEGINNING at the Southwest corner of the 0. L. Graham Donation Land CLalal No- S2, Township 1 Souch, Range 1 West of the W111amette P.4rldian/ to the City of Tigard, County of Washington and S use or Oregon, and cunning thence Essc along the South line of said Donation Land Claims 1007.9 Foot to an iron pipet thence Nocth 0428' East 847.9 feet to an iron pipe on the East line of that certain tract of lend conveyed to Andrew*Wormsborg by deed recorded on Page 9 of - Voltusa 201 of Washington County, Oregon. Deed Records, which point is the true place of beginning of the herein described traact thence South BSw58' West 396.67 feet to a 1-inch iron shaft,as reset at station 30+56.2 P.O.S.T. of Washington County Road Plat No. 2043 (S.W. Ceeonburg Road) survey of April 1967; thence along a curve to the right, with a radaus cf 666.2 feet and a long chord which bears North 39'16145" East 48.x1 feet to a 3/: inch iron pipes thence along - the East right-•of-way of said C.R. 2043 ttocch 40'1S' Jrast 225.62 feet to a 3/4 inch iron pips; thence South 14'24' East 220.29 feet to a 1- inch channel 1ro4: thence South 00'16' Wiest 121.19 feet to a 1-inch iron pipe, the true point of beginninq. EAStMENT NO. I TOCETMER WITH a non-exclusive easement for ro4td and utility purpese9 as set forth to easemonc dgreemenc recorded June 28, 1977 in Book 1178, page 69, Washington County Deed Records. ~J EASEMENT NO. 2 I TOGETHER WITH an easement fer coed and utit;ty purposes as set for.:h in easement agreement recorded July 20, 1979 vLt11 Fee .to. 79026519. 1 Lu*e 00' 08900#4 ~ it eo..e,1 .I wa.anatoe I. 060 ata W pawn. 0.ttCW4 at Atatafa/wt ant Ta.at•VI ana G-01"C•a aeco.a<t 40 co..- • -of-ces lot aa•d COnw,f. ao hltlth GptAT Meat MJ raft% ,yt1.A1wM aI _4t.nQ _aa 414.t0 .u.1 ..W all a 0001 a ..Cal. a >,•a coo"' Donato w pawn 04MAa• M A ...',vat one t,. n•ow. C.. 0...e.o Cw.tt O.p-lT Ct«. . t~ O~ . I 3 ITT EAmUlT li PAGe 0 2: i 14A NOV I S P: - - - - , - . - . 11.1 14 . less- ..•J..vva w•vt,s.. w w ~.~.ur• .w►_. wv~ ~n1-a.-r-1.w £LO/LSO Jafkaes eAual f W00'a1111J0JT1@m0J3S3 XYJI ZZ Et 900Z/9Z/ot 4L 84044775 ASSIGNMENT OF LEASE ASSIGNORSt PROPERTY KANAGEMENT SERVICES, INC. and PAUL C. CHRISTiANSEN ABBIGNtEt HARX S. HENSTREE? • OATEt Occaber 24, 1984 •lJ~ 1. Assignors, as defined above, hereby assign all their right, title and interest In and to the lessee's -i interest of that certain Ground Lease dated January 31, 1984, between WEST COI-T SERVICE C(*0'ANY, a general partner- ship, and WILLIAM F. BRENsEft and LORENE BAZNNER, and C11I TSUNC PONG and WEN CHO PONG, lessees, coicerning the prop- Crty as described is Exhibit A, attar:%od herero and incor- poratea herein. 2. Assignors warrant that the leasehold interest being assigned herein is free and clear of liens and encum- brances arising by or through Assignor. Assignors warrant that the Ground Lease, as of the date of this Assignmept is ; not in default and this Assignment ehall not constitute default under such lease. 3. Assignee, as identified above, by %cceptancta of this Assignment, hereby agrees to assume and by cheae pre- septa dCeS assume. all of the rights and liabilitiee of the lessee under tha Cround Leasa described above. The true and actual consideration exprFssed in terms of dollars for this assignwant is $ Y66.060* ASSIGNOFSt ASSIGNEES: Property Management Services, Inc. Its t--~'t - !!ark S~ IteMatraet' aurAM- hr15 nsan, Individually ` exn~o~r P~C_E 0 - 2 s1nlaCniZ1 JaAAP3 PAU01 W03'2T1LIJ0JilolMOJOSa YV4T 77:f'L gA07/97/0L Order No.: t-608826-N' ExHxaiT t A tract of land in the Northwest one-quartet at Section )S, Townchlp 1 South, Ronga 1 Wos= of the Wtilamatta l:aridtao. In the City of ttilacd, County Of Narhington and State of Oregon,dascrihod asfollowsl OCCINNINC at the southwest eoener of the 0. L. Graham Donatlun Land 1 Claim No. 52, Township 1 South, Range 1 Wait of the Willamette Meridian. in the City of Tigard, County of Washington and Scats of Oregon. and running thence Ease wlony the South line of said Donttlon Land Clato, 1007.9 feet to an,lcon piper thenca North 0028' List 841.9 feet to an iron pipe on the Fast line of that certain tenet of land conveyed te. Andrew Woresborg by deed retarded on Page I of Volume 201 of Washington County, Oregon, 04ad Records, which point , is the true place ct beginning of the herein described tr&c tl thence South 85'581 Kest 396.67 fact to a Inch iron shaft.as react at atation 20.56.1 B.O.S.T. of Washington County Road' Plat No. 2043 IS.W. Greenbucg Road) survey of Xpril 1967; thence elong a curve to the right, with a radiva of 686.2 feet and a long chord which bears forth 38416145' Fast 40.81 feet'to a 3/4 inch It-)n pipet thence along the East right-of-way of said C.R. 2043 Worth 40.1S' cast 225.02fee% to a 3/: inch iron pipe; thence South 74'24' East 228.19 f tot, to a 1- inch channel iron; tnence South 00116' west 121.19 fact to a 1-inch icon pipe, the true point of teginninq. EXSEMENT NO. 1 1 TCCETH-R)-44TH a non-exclusive easement for road and utility purposes as art forty in easement dgrecmonc reco:ded Jena 26, 1977 in book I 11:8, page 69, Washington Covaty Deed Reeocds• TASEHENT 140. 2 TOCEtNLR WITH an easn:sent for road and etflity purposes as set forth In easerant agreement recorded July 20, 1979 w&ch Fee No. 19028579. l 99ATt Of OM0014 I f 5S ` co,,.n, a wu►,w~,an 1. AGMs W. hiatnq. C..cC1C10l A,anWnM1 - pa T,...vn 0.•4 E.•4114.e A,ce.e,• GO COA' I .,,ane..lo,.a.7 co..w.y. do P...ny Cen•1Y 1°.1 - ,ao .,cadge boo. el ueo.91 0111 d w..••, oonala W MHOd O•ac/o. or &ommodt enQ T,•JbOn. • oMK.o c/.-C, 40..•1 Cr.t.~ . 13oO UHIZ cT It NAGS n'' ! I ~ I RIA/ACA M jaxae.~ eAU01 f w00'aT111a0J1191M0j3S1 Xd4T ZZ7 P..t 9007./9Z/O1 1 0, .1 f ± LPSSOA'S CONSENT AN$ AGIMEf1T I TO ASS1GI4HOT OF LEASE AND MORTGAGE OF LEASEHOLD INTEREST HEST COAST: Heat, Coast Servue Cavpaay, 4 general partnership cam- prlted of Robert M. Schaefer and Sally Jo Saaefer. huobaad and wife. Clifford G. Potter and Phyllis J. Potter. husband and uLfe. and Carald V. Millar, a siaale man. I HEMSTREET: Nark S. H:natraa: a . BA&4: United States National Bank of Oragor RECITALS A. West Coast is the Lessor of Chit --orrain Lease (hereinafter referred co as the Ground Lease) dated January )l. 1984 by and betveeo - t Nast Coast as Lessor and Miilioa F. Brenner and Lorens Brenner (herein- ' after referred to as "Brenner"), husband and vile. and Cri fawn= ^ong I and Wen Chu Pong, husband and wife, as Les:aes. The legal description a( --%e property is aeeaehed as Exhibit "A". B. Brenner is near_n: coopletion of construction of an eighty (80) I unit rotcl on tho property. i C. Heastraec desires to purc!ase the vocal and acauice ciao Lessee's Interest in the Ground Leafs and in connection thereiitb necds the consent of West Coast to such aastgnw.nt. Ilemccreoc also dantres the consent of West Coast to Cho use by Herestreec o: the Lsscee's iattre6L in the Cround Lasso as collateral. 1 :AGE 1 LZSSOR'S CUMEtu A:1) AGReelE.It TO ASS1G:•^,IC:r 01- 1.11,1SE AND :IORTGIGC I Or txAsMl.O IHTGRfST 39 exmair 0 PAGE 0 -v vIA/AOAa laAspc pdunt . WOJ'8TITIJOJTIo1A0J3S1 YV4T 7.7:E1 9007./97/Ol r TKE PARTIES ACPEE AS FOLLOWS: l L. Hest (*sat hereby consents to the saaLloneot of the Lessee's I 1'ltcrest in the Ground Lease to Msrsatreet. Hemstreet Agrees to aSluno. _ and by these r-ants does assume. liability tog the oblitations of the y Lessee under the Ceound Lease, 2. West Coaac accepts and approves piano for the tonetructiou awd actual construction of rha motel upon the property. 3. West Ceaae eonfitaas that as of the data hereof, the Ground Lease is not to default and the rent und,•r suci, lease Is paid turttoe through and including the month of October. 1984• 1 V. Wear Coast hereby consence to the a%sijnmenc by HerastreeL all of Memsttroet's right, title and interest in end cc the Ground Leaca to Douk as partial security (cc a loan of loans made or to be dada co HlTstreet- ; 4,1 In the event of any default in the PaymenL of teas under the Ground Lease. Vast Coast hereby agrees not co terininate cha I Gcouad Lease or tska any action to evict Nev6traot or say other person. or to enforce ar`y claim with resp_ct thereto withaut giving Bank aL lease thirty (30) days prior written noci:c the:so(. and the right co cure such default within ouch thirty (30) day period. I 4.2 In the event of default by Hcastreet of any other term ai the Ground L.crsa vh_eh is curable or prevontible by Dank, the i link. shall Nava sixty (60) days after receipt 9( notice within which i I to (a) prevent or Cure the default set forth in the notice. it pravancr:ale or enc.hl.e withf., ouch period, or (b) core^.sncc and there-- after continua with diligence to pcevenc or cure sari default. it not praventable or curable within such period. So long as the Hank p'GE 7 LESSOR'S COHSEk7 AND ACITEMENT TO ASS1C-`MF`IT Or LEASE Avg HORTGAGE OF LEASEHOLD IPURLST PAGE 0 2 5 . n,n/ionM iaFsoc o,Cnni B00'8T1IIJ00TIol80J3Sa XH4T 77:£L 9007./9Z/0l a Bey c•1u646 the Ground Lease covenant to be petfo-ed. West Coast shall aoc terminate cite Ground Lsasa or accelerate pays.encs due under the Ground Lease. 4.1 West Coast agrees not to exarclso any tight it nay have to terminate the Ground Lease at aetelerato payr.cnt due under the I Ground Lease by reason of bankru.tcy or insolvency of Kwastreeto or by cea%on of any Private or judicial sale of the leasehold interest by the lank. oc for any other reason which cannot be cured by the Bank so long as the bank causes a1L curable covenants ease of the Ground Leaaa to be kept, includins all payments required co be made by Haestreot. 4.4 In the ovent of default by Hcascrcec or Hemscreet's assigns !VAN under the Ground l.es~e or under any Hate or agrt:eacnt with perk. bank shay, so long as it cures any default on the Ground Lease, exercise such rights as Bank soy have against 1ts,ctteet. including the right to take Oocsession of the premLses. foretlose Henstcaat's interest - - In the Gtound Lease AM; preatses as patmitted by law. and reassign. sell. and/or sublet HQ793trect'■ interest in the Ground tease and/or the pr:slses eub]ect to written approval of Vest Coast, which approval shall not be unreasonatly vithheLd. 5.0 ltefther this aoreemcnt. the Assignment of the Ground Lease as ' Security (being rxecuced concurrently Eetveen Bank snJ iteestreet), not any action taken uodsc either ogretxent syaU be construed :s gtving rise Le any duty. respansibilicy or liability on the pact of Baak to West Coast. MM' FACE I - LESSOR'S CONSENT ANO I.GREEH-XT TO ASS1QiMk-4C Of 13:LS! AHU 11ORICAGB Of LEASEHOLD INTEREST EXH161T 1i pAGE 4 G , :-a- N ~ mot! e.-.~~ ~'h~~~ l'a~l• •~v ELO/Z90P JaAme$ eAU01 t M0J'8jjijJ03T1@A0J3S3 XVJI ZZ Et 90OZ/9Z/Ot W t - { 6.0 trovided that Henstre2t is personally liable On such ubligstidn. tide consent granted to use the Ground Lease as security. and Nest Coast's sgraawant to give the lender sixty (60) days' notice to cure a default. shall Iitewise apply co any ceftn&nee at-loan obtained Ay Naascrotc Iron, any other bank. savings and loan, flaAnclal Institution or individual; Provided tlvays, howavar, chat. Vest eoabt shell not be eb)tgaL.d co give notice to eny parson elalwing a security interest in the Lessee'& interest iix the Ground Lease unless and until blest Coast Iac been provided wtttten ~ al notice of such person's laterest. 1.0 Nothing in this ogreeueat shall be construed to allow Remstreet to fuccl.w saaign his Lessee's interest in the Crouad Loose (except as collatataLl without the written consent of Nast Coast. Nothing in thts agreement shall be eonstraad to cceate .any personal lisbility oa the part of Vest Coast, or any of its partners. (oc any loans obtained by Meroscreet. or any other petsoas, ■ecveed by cot Crovnd Lease. hocking in Lhis agcoment shall be construed as a subordination. at an a(,tetotnt to su6ordinote by Vest Coast of its tight. ticia and tntereat in the ocoperty. 114 WITNESS V?&REOT, the partias have executed this agreement. BATED this /iaday of Oeeabevs 1984- !lark S. Utw3treet STALE OF OREGON l as. Cavnty of Vaehingtoo ) lersonaily appeared before me this day of actobrr. 19844, the above ny ed Mask S. heast:reet and acknovledtod the foregoing iostrumatet to be his anlLaitary, act and dead. I Hatar-1 Public for Oregon My CoPmisslon FrpitRLl~~~~ '•~•'~a; (41 PACE 6 - LCSSOA's CotM ENT A-M ACKLMENT TO AS5 M-Hr_4T Of LEASE &40 MORTGAGE PF tCAS[INLO INURM C,f•.j7 i - ruin: 41 ?a. FIn/p9n01 J0AmeC eAuol F W03'8T1TIJ031191M1OJOS~ XVAT 7.7-Pt 9007/97VOL .i • UNITED STATES NATIONAL RAAK OF ORt60N 1 ayl 01 its% i 6TAT[ OF ORCCON County of Multnomah I y 1rva- Personally appg+red before me this day of Oetobet; 1984, as LL.f l• . - of United States National Bank of Oregon, being first duly sworn. did say that said instrument wet signed on behalZ of said corporation by authority of its board of directors and they achnowI d ed said instrument to be its voluntary act and dyed- ' Notar Pub is for Oregon I „y commission Expires: •I WEST COxS•?SERVICE COMPANi I- ey1 _ / Robert chaefer STATE Or County of di--A- Personally appeared before au this k~ day of 1984, the above named Robert H. Schaefer- and acknowledged the foregoing instrument to be his voluntary act and decd. Wotary public fc Oregon My Commission Expires: UHIS1T 11 p,1CE 0 ?13 143 PACE S - LESSOR'S CONSENT AND ACREEMENT 1.0 1.SSICHMENT Of LEASE AND ronTcAcE Or IXASCHOLD iNTcxEST .r -l y. ,w~ ! ~r~rr_`.• '.fir r• - 1' I ~•L ~.AL~•. `err ~~_•~i~.~ • • • _ . \ 'ter • - J ~ _ Lr v ` •Wi ELO/0901A JaAmeg eAU01 W03 ailtlaG3[10m0a0s3 XVJ I ZZ Et 900Z/9Z/0t - 1. • - _ - . v, i Dyl _ Sal o Scha fer ST]►TE of wmk- I I ox. County of C ---A - ) K .pzraonally appeased before me this day of October, 1984, the above named Sally Jo Schaefer en acknowledged tha foregoing instrument to be her Voluntary act and deed. Abta ry Pub i Oregon Hy Commission Expires t_Ze=,ay-&4 Sys ~1 C1 ord C. Potte ®j STATE OF I / ) ss. County of ow-1, I n►t~ ~ w .a ~e\_ Personally appcored before me this •t day of r, 1984, the above named Clifford G. Potter and acknowledged the foregoing instrument to ba his voluntary act and dead. Notary Pub lc~ for Oregon Ny Conu:isalon Expires: ate- L ) i ExHl;:ir H PAGE 0 2 9 PAGE 6 LESSOR'S COKSENT A.VO AGREEMt.11T TO ASSIGNMENT OF LEASE AND MORTGACE OF LEASCIM0 INTEREST • i~wr..+~t~s. •.•.v~ :-~i-r. r... ..-•••tyr_ - •.•.••rr_• -'=a-.~'~Ma~n.. CLO19901A JaAlhes eAU01 F WOJ a11T1A0J-1j@M0J3S3 XVAI ZZ:£l 900Z/97,/0L t I I I e. I By a 'r Phyllis X. Potter I LL it 1. t•.-_ . S-INTE OF OA ►1~6o11~ 1 as- I County of r~ ) Personally appeared before the this <~•r" day of f; 1981, the above named Phyllis J. Potter anCacknovledge4 the foregoina :natru%ent to be her voluntary act Lind doed. own Y ~ l r Notary Public for Oregon My COnmission Expires; Byt GyCd V. rill ar I STATE OF ) as. County of r.- 11n..•a..a.~ Personally appeared before me this ~ day of-04,::hez ~ 1984, the above named Gerald V. Millar and acknovledneA the foregoing instrument to be his voluntary act and decd. notary Pu He for Ore?on My Cotrminsion Lxpires~ ' I ! UAW It PAor 0:, p - PAGE 7 - LESSOR'S corsENT A1:0 AGFELYFI-T TO ,LSS1Ct'f:Et:T or LEASE A.ND MOi'TGNGE OF LFASEHOLD IUTEAEST ; f10/A901A JaAmeC eAU01 ~ W00 OI111J03L10m0J3S3 XV31 ZZ EL 90OZ/9Z/OL :,,-r r1 ' 1 )tier No.t 1-609826-W EXHIBIT R R tract.oi land to the Northwest one-Quarter of Section 35, Tornsbip 1 south, Range 1 West of the Willamette Veridlan, in the City of - Tigard, County of Wash i• ilton and state of Oregon, described as follows& BEGINNING at the Southwest corner of the 0. 1.. Graham Donation Land Clalsi No. 52, Township 1 South, Range I Neet of the W111aio-tts t:erldian, in the City of Tigard, County of Washington sn4 State-at Oregon, and cunning thence East along the South line of said Donation [eared Claim, 1007.9 fact tc an iron pipel thence 1)orth 0*18' East 843.9 feet to an iron pipe on the East line of that certain tract of land conveyed to Andrew Wora%sbor9 by deed recorded on Page 9 of 1 Volume 201 of Washington County, C+regon, Dead Records,, which point is the true plat& of beginnin4 of the herein described tract, thence South OS-S64 Kest 396.67 feet to a 1-inch iron shaft,&% resat set station 30.56.2 P.O.S.T. of Washington County Road Plat No. 2013 (S.W. Greenburg Road) ou=vey of. April 1967; thence along a curve to the rightf with a radius of 666.2 feet and a long chord which bears North 3841604S" East 49.81 feet to a 3/4 inch iron pipe; thence along the East right-of-way of said C.R. 2043 North 40'15' East 72S.92 feet to a 3/4 Inch fro.. pipul thence South 74624' East 228-.29 feet to a f- inch channel Stun; thence South 00416' west 121.39 feet to U 1-iach iron pipe, the true point of beginning. EASENSHT NO. 1 TOGETHLR WITH a non-exclusive easement for road and utility purposes as set forth in easement ayree*ent recorded June 28, 1917 in Book ~ 1178, pnga 69, Washington County Deed Necards. EASEMENT NO. 2 TOGETHER WITH an easement for road and utility purposes as act forte In easement agreement recorded July 20, 1979 with Yea No. 79028579. I ! .I r rw FXH.31T ..r ~w.• . . . ; w Y -at N r _ . • s ' . ♦ • raw.. 1 • • f ~ yY~4 CLOIL90A JaAmes e,(u01 F IU00 a1111J00i1@M0JOS3 X JI ZZ Et 9002/9Z/01 10/26/2006 13:22 IFAX Escrow@TicorTille.com i Tonya Sawyer 19068/073 .a tA • - ~ . .1~'.~ ♦~14-LTA - • l 1 - I _ C . i I- waeT:tz:fo caat~ci~co ` • oo•e►r ct~teti :a~,~ i'LfEfi0t6 zoo •.3 •oonM wr rwyru~ 1 to .o1~n0 1row~M •M I.i+rr - ' ' DrM 1010~OY ID go" Y opmw pus • r W yprar p~ D=I"l Ittt o sin Mn jdA NMMY e11yY1 pm -Aft Iufo ~ nnnr Iv~l w. 'W AAW . •y so j YO1~pM~Mlto~wrW~ \ NoD7Yo +0 31v15 ,J ..1.Yr.Ala► . (~~uM 40 Y UO~f1AC ~ 651)46 T1pp11 ?RlJ3 MgUlG{NCL CO. c+~' Ims S.W. SALMON ST. 1'ORTLJ11~tQ'O!1 S)70~i1A7 I Q FIRST AI4ENOMSNT 70 LANOLORD•S CONSENT & ESTOPPEL. AGREEMENT The parties to thin Amendment agreement (the 'Ancadment') dated necenbcr 12. 1996 are as listed next. LesSY•a: West Coasc Service Company, a general paXtnecshLp I I . LEtrO1rR1 KeyCorp Real Estate Capital Harketo, Inc cc HENSTREET: Clark S. Hemstreet } V BORROiIER- Shilo Inn, 1+4t9hington Square, LLC, an Oregon r Limited Liab'alit~. Company RECITALS: A. The parcaee previously entered into an agreement dated December 11, 1936, captioned "LANDCORD- S CONSENT &.ESTOPPEL AGREEMENT, LESSEE'S EXERCISE JF OPTION TO EXTEND LEASE, CONSENT TO ASSIGIQ4ENT OF LESSEE'S INTEREST IN LEASE,' (the 'Consent Agreement") in connection with the retinance with Lender of the real property (as more specifically id:ntified in ch. Consent Agreement) leered by Lessor to Nemstreet. e 97o.2yjyi _ 4{ 0. The last sentence of paragraph 6.4 of the consent Agreement I~ provides as r.ollows.: -In the event Borrower. or a trustee in ,h bankruptcy for Barrower, rejects the lease in bankruptcy. Lessor y agrees co give fender a new lease on the eaa•e cecas and conditions, for the then remainder of the lease term, provided that Lender shall cure, or cause to be cured all monetary defaults. and all ocher defaults then reasonably capable of being cured.- C. Section 10 of the Ground Lease provides, in part, 45 follows: "On termination of thin lease, it any way. Lessee will yield upon ti%e premises to Lessor an good coniition and repair, loss by fire or other casualty and ordinary wear and tear excepted, provided, however, Lessor -ay elect Lo require tie Lessee to cause all improvements to be removed and all exc:vattons caused by construction to be filled-" D. Lender desires to have a clarifi7ation of paragraph 6.4 of the Consent Agreement co make clear that thc: language from Section 10 of the C:ound Lease quoted in Recital C. above, would not to applicable to a lease termination and the granting of a new lease caused by the circumstances covered by the language quoted in Pecical 0. above. Page 1 FIRST AVFODNE.rr TO LANDLORD, S CONSENT 6 ESTOPPEL AGREDIENT ice.. w ~,r...,w++~••-• ~ ~ ia. - _ - - ELO/690 Ja!(M@S eAU01 WOO a11i1JO3Ti0MOJOS3 XVJI ZZ Et 9002/9Z/Ot , - - . . a.: ^ - - - _ mot. th r { THE PAirrles AGREE RS FOLLOWS: i The following proviaiona shall be adder. to and become a part of 1 paragraph 6.4 Of the Consent Agreement: 'Mtwichstanding anything in Section 10 of the Orour+d Lease to the contrary, in th° event -he Ground Laaee shall terminate, and the Lender shz.11 enter into a New Lease with Lessor as provided under this Agreement, cuz;:h a lease tera.inatlon shall not afford Lessor the option to require Borrower, or Lender, or any other _ rson Chen holding the Lessee's Leasehold interest under the GrowW.:case to remov-z the improvements, or to fill all excavations caused by the con.cruetion, at tha time the or►gina) lease is carminatcd avid the New Leases is granted. However, nothing lier•iin shall Le construed to limit the rigl.t of Lessor to require, at the tiac the New [.ease expires by icA terns, that the improvements be rcm.wad and all excavations ~ caused by the costscruction to be filled ac provided in Se•_cion 10 of the Ground Lease.- ~j IN WITNESS UMEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above vritcer.- L.E.SSOR: NEST COAST SERYLC6 LENDER; KEYCORP RE%L ESTATE I C TA NAR ETS, _ NC- - ey alt'J .C L--~ . rt . Schaefer. partner David C. Thatcher Senior Vice President gy P1+ %a'-l Sall Cchae r, nee - By r HEAISTREEI ^ C if rd G- Potter, artner Wark S Ile treat r individually eyPh is J. otter, partner &3RROWER: SH11.0 M. WASHENGTON By SQUME, LLC d V. .L er, rtner ey: Wa i to;7H t I Corp. • By r r John P. 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AllYS My lFW9YH3S 'W 11!8601! :881NV'dD VBIJ,Od 'I SMAHd Pn 'lam '(mnad -013 Inca p.0 to rood uj POOMM 0M '1I8l lAd 'O QIIAddI'TJ d0 8LYJ5~ ZIW NWD 099*t l tuft am- la luvwnMW yMVft em \ . irul At wo Agpay op'Aluw? MW 4% 790 2nH am* wM MUG WM3 Jillb a -Al-Wr ofbWD-v '-fw*--uQ8m -WA wow Ov - vu1Su1W*M so AUM03 S9 NODWO -40 31V1S _ v.a]. i - .v • . _ . ~-''~'-2`C?`-fir"" . 7rder too.I 1-600825-w EXHIBIT A A tract of land ie the Northwest one-quarter of Section 35, Township 1 South, Range 1 West of the Willamette Keridiaa, in the Clay of Tigard, County of Washington and State of Oregon, described as follovc s BEGINNING at the Southwest corner of the D. L. Graham Donation Land Claim Noe 52, Township 1 South, Range 1 West of the Willamette naridian, in the City of Tigard, County ,of Washington.and State-of Oregon, and runninq'thence East along the South line of said Donation Land Claims 10074 feet to an iron pipe] thence North 0128' East 84 3.9 feet to an iron pipe on the East line of that certain tract o f land conveyed' to Andrew Wormsborg by deed recorded* an pago 9 of Volume 201 of Washington County, Oregon, Deed Records, which point is the true place of beginning of the herein described'tractl thence South 85'50' West 396.67 feet-to a 1-inch iron-shaft,ac' react at station 30+56.2 'P.O.S.T. of Washington County Road Plat No. 2043 (S.W. Greenburg Road) survey of April 19671 thence along a curve to the right, with a radius of 686.2 feet and a long chord which bears North '38'16'-4i East 40.61 feet to a 3/4 inch iron piper thence along the East right-of-way of said C,R. 2043 Worth 40415' Last 225.62 feet to a 3/4 inch iron pipe; thence South 74.24' East 226.,29 feet to a f- inch channel ironl thence South 00'16' west 121.39 feet to a 1-inch , iron pipe, the true point of beginning. ' EASEMENT NO. 1 TOGETHER WITH a non-exclusive casement for. road and utility purposes as set fort's in easement agreement recorded June 28, 1971 in Book 1178, page 69, Washington County Deed Records. EASEX"4 T N0. 2 TOGETHER WITH an easement for road and utility purposes as set forth f in easement agreement recorded July 20, 1979 with Fee No. 19029519. I £!0/E!4(~1 13AMPS P-AU01 W0~'aj~Tlao~?le1M~»S3 XVJI U £l 90OZ/9Z/OL ? aSSIGNMLENT OF LEASE KNOW ALL MEN BY THESE PRESENTS, That .MARK S . HEMSTREET .....Assignor for value received hereby assigns unto _ SHILO INN, WASHINGTON SQUARE, LLC, an Oregon limited liability company . ----....................................Assignee the fiecror/lessee's ~ WUV4CA ) interest in that certain lease made by West C oast Service ic.e Company t... a j eneral artnershi com osed Robert M. Schaeffer and Sall--Jo Schaeffer, H&W . .**..in which a P .......................p..........P................... Mark S.--Hemstreet ..............is Amkir;lessee (f4 i 4x}t3~cf2tH) • dated oymeber_.-15 19..8.4._. and covering the following described premises, to-wit: Clifford G. Potter and Phyllis J. Potter, husband and wife and Gerald V. Potter Legal descriptioo attached To Have and to Hold the same unto said Assignee and assigns from March 19.... 97 for all the rest of the term of said lease, subject to the covenants, conditions and provisions therein mentioned. The current rents provided for in said lease are paid to and including 19........... AND the Assignor hereby covenants that the interest in said lease hereby assigned is free from encumbrances. In construing this assignment and where the context so requires, the singular includes the plural and all gram- matical changes shall be impiied to make the provisions hereof apply equally to corporations and to individuals. In Witness Whereof, the assignor has executed this instrument on ...March 1997......; if a corporate assignor, it has been done by order of assignor's boar of directors with its corpora seal affixed. Mark S. Hemstreet )If ececufed by a c-potwi-, . affi■ corporate feat) STATE OF OREGON, ) STATE OF OREGON, County of ) ss. ) ss. ! 9 Washington 97 ...pp.... County of ) d Personally a eared March 1 19......... . who, being duly sworn. Personally appeared the above named.. each for himself and not one for the other, did say that the former is the Mark S. Hemstreet president and that the latter is the . . secretary of a corporation. and acknowledged the foregoing instru- and that the seal affixed to the foregoing instrument is the corporate seal ment to be h1S _ voluntary act and deed. of said corporation and that said instrument was signed and sealed in be- half of said corporation by authority of its board of directors; and each of them acknowledged said instrument to be its voluntary act and deed. Bel a e: - Before n:e: (OFFICIAL ....t...~ (OFFICIAL SEAL) SEA r te• guQq Notary Public for Oregon ffft1 "yeipiresr- My commission expires: \iV COk11.".ISSiC c.: r J _ + :'~T. a. . l EXHIBIT A J TICOR TITLE INSURANCE Report No. W651396 LEGAL DESCRIPTION A tract of land in the Northwest one-quarter of Section 35, Township I South, Range I West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, described as follows: Beginning at the Southwest corner of the D.L. Graham Donation Land Claim No. 52, Township I South, Range 1 West of the Willamette Meridian, Washington County, Oregon and running thence East along the South line of said Donation Land Claim 1,007.9 feet to an iron pipe; thence North 0 degrees 28' East 843.9 feet to an iron pipe on the East line of that certain tract of land conveyed to Andrew Wormsborg by deed recorded on Page 9 of Volume 201 of Washington County, Oregon, Deed Records, which point is the true place of beginning of the herein described tract; thence South 85 degrees 58' West 396.67 feet to a one inch iron shaft as reset as station 30+56.2 P.O.S.T. of Washington County Road Plat No. 2043 (S.W. Greenburg Road) survey of April 1967; thence along a curve to the right with a radius of 686.2 feet and a long chord which bears North 38 degrees 16' 45" East 43.81 feet to a 3/4 inch iron pipe; thence along the East right of way of said County Road 2043, North 40 degrees 15' East 225.82 feet to a 314 inch iron pipe; thence South 74 degrees 24' East 228.29 feet to a one inch channel iron; thence. South 00 degrees 16' West 121.39 feet to a one inch iron pipe, the true point of beginning. EXCEPTING THEREFROLM that portion thereof dedicated for street purposes by instrument recorded January 3, 1985, as Recorder's Fee No. 85000139. Together with a non-exclusive easement for road and utility purposes over, under and across the following described portion of the Northwest one-quarter of Section 35, Township 1 South, Range 1 West of the Willamette Meridian, in the City of Tigard, Counrv of Washington and State of Oregon; more particularly described as follows: Beginning at the Southeast corner of that tract conveved to Cary H. Cotton and Wife by Deed Book 361, Page 583, which point bears South 88 degrees 10' West 643.8 feet and South 0 degrees 20' East 466.5 feet from the Southeast corner of Lot 5, ASHBROOK FARR~1; thence South 88 decrees 10' West 100 feet to the Southwest corner of said Cotton tract; thence North 0 degrees 20' West on the West lire of said Cotton tract 200 fee:; th-_nce Scuth 88 degrees 10' West on the South line of an easement described in Deed Book 433, Pane 472, a distance of 100 feet to the West line of that tract conveved to Conrad E. Anderson and wife, by Deed Beok 254, Page 793; thence South 0 degrees 20' East along the West line of the Anderson tract a distance of 4.00 feet to a point which is 34.00 feet South of the center line of a connecting road known as Southwest Shady Lane, which point is also 16.00 feet North of the Northeast corner of that certain tract described in contract to Donald A. Forbes, et al, recorded in Book 1067, Pace 109, Deed Records, and the true point of beginning of the parcel to be described; from said true point of beginning running West parallel to the center line of Southwest Shady Lane a distance of 15.00 feet; thence South 0 degrees 20' East, parallel to and 15.00 feet distant Westerly from the Westerly line of the aforementioned Anderson tract, a distance of 127 feet, more or less, to the Southwesterly line of the Burdick tract; thence South 73 degrees 17' 00" East along the Southwesterly line of the Burdick tract a distance of 15.50 feet, more or less. to the Southeast corner of the Burdick tract. which point is also on the Westerly line of the Anderson tract; thence North 0 degrees 20' West along the Westerly line of the Anderson tract. a distance of 131.25 feet to the true point of beginning. CONTINUED EXHIuIT 'A PAGE 0 01 S J T1COR TITLE INSURANCE Report No. W651396 Together with a non-exclusive easement for road and utility purposes over, under and across the following described portion of the Northwest one-quarter of Section 35, Township 1 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon. more particularly described as follows: Beginning at the Southeast corner of that tract conveyed to Cary H. Cotton and wife by Deed Boot: 361, Page 583, which point bears South 83 degrees 10' West 643.8 feet and South 0 degrees 20' East 466.5 feet from the Southeast corner of Lot 5, ASHBROOK FARNI; thence South 88 degrees 10' West 100 feet to the Southwest comer of said Cotton tract; thence North 0 degrees 20' West on the West line of said Cotton tract 200 feet; thence South 88 degrees 10' West on the South line of an easement described in Deed Book 433, Page 472, a distance of 100 feet to the West line of that tract conveyed to Conrad E. Anderson and wife, by Deed Book 254, Page 793; and the true point of beginning of the parcel to be described; from said true point of beginning running South 0 degrees 20' East on the West line of the Anderson tract, a distance of 155.25 feet; thence North 89 degrees 40' East. a distance of 15.00 feet; thence North 0 degrees 20' West a distance of 155.25 feet, more or less, to a point on the South line of that certain easement described in instrument recorded in Book 433, Page 472. Deed Records; thence South 88 degrees 10' West along the Southerly line of said easement a distance of 15.00 fen, more or less, to the point of beginning_ Together with an easement for drainage purposes over a strip of land 5.0 feet in width lving 5.0 fet: :l Westeriv and adjacent to the following describe' line: Be?innin2 at the Southwest comer of the D.L. Graham Donation Land Claim 'No. 52. Township 1 South, Range 1 West of the Willamette Nfe:idian, Washington Counrv, Ore-Ion and running thence East along the South line of said Donation Land Claim 1,007.9 fee: to an iron pipe; thence Nor-.h 0 degrees 28' East, 572.9 feet to an iron pipe on the East line of that cermin tract of land conveyed Andrew WornsborQ by Deed as recorded on Page 9 of Volume 201 of Washington County, Oregon. Deed R,-cords: thence South 85 de-*ees 08' Nest, 525.9 feet to a point in County Road No. 179, which point js on the West line of said Wormsborg tract; thence North along said West line and in said Counrv Road 187.1 feet to a point; thence North 40 degrees 00' East along the Northweste:l- line of said Wormsborg tract and in said Count,; Road 125.4 fee: to a point thence North 8: degrees 58' Ess:, 447.5 feet to an iron pipe on the East line of said Worrsborg tract to the true point of be2;nnins of the hereinbefore mentioned easement line; thence South 0 degrees 28' West along the East line of said Wormsborg tract 110 feet, more or less, to Fanno Creek and the ead of said ea_semenc line. v EXHIBIT N PAGE 0 O a j FIRST AMENDMENT TO LANDLORD'S CONSENT ESTOPPEL AGREEMENT The parties to this Amendment agreement (the "Amendment") dated December 12, 1996 are as listed next. LESSOR: West Coast Service Company, a general partnership LENDER: KeyCorp Real Estate Capital Markets, Inc. HEMSTREET: Mark S. Hemstreet BORROWER: Shilo Inn, Washington Square, LLC, an Oregon Limited Liability Company RECITALS: A. The parties previously entered into an agreement dated December 11, 1996, captioned "LANDLORD'S CONSENT & ESTOPPEL AGREEMENT, LESSEE'S EXERCISE OF OPTION TO EXTEND LEASE, CONSENT TO ASSIGNMENT OF LESSEE'S INTEREST IN LEASE," (the "Consent Agreement") in connection with the refinance with Lender of the real property (as more specifically identified in the Consent Agreement) leased by Lessor to Hemstreet. B. The last sentence of paragraph 6.4 of the Consent Agreement provides as follows: "In the event Borrower, or a trustee in bankruptcy for Bor"rower, rejects the lease in bankruptcy, Lessor agrees to give Lender a new lease on the same terms and conditions, for the then remainder of the lease term, provided that Lender shall cure, or cause to be cured all monetary defaults, and all other defaults then reasonably capable of being cured." C. Section 10 of the Ground Lease provides, in part, as follows: "On termination of this lease, in any way, Lessee will yield upon the premises to Lessor in good condition and repair, loss by fire or other casualty and ordinary wear and tear excepted, provided, however, Lessor may elect to require the Lessee to cause all improvements to be removed and all excavations caused by construction to be filled." D. Lender desires to have a clarification of paragraph 6.4 of the Consent Agreement to make clear that the language from Section 10 of the Ground Lease quoted in Recital C, above, would not be applicable to a lease termination and the granting of a new lease caused by the circumstances covered by the language quoted in Recital B, above. Page 1 FIRST AMENDMENT TO LANDLORD'S CONSENT & ESTOPPEL AGREEMENT 1 ) i j THE PARTIES AGREE AS FOLLOWS: The following provisions shall be added to and become a part of paragraph 6.4 of the Consent Agreement: "Notwithstanding anything in Section 10 of the Ground Lease to the contrary, in the event the Ground Lease shall terminate, and the Lender shall enter into a New Lease with Lessor as provided under this Agreement, such a lease termination shall not afford Lessor the option to require Borrower, or Lender, or any other person then holding the Lessee's Leasehold interest under the Ground Lease to remove the improvements, or to fill all excavations caused by the construction, at the time the original lease is terminated and the New Lease is granted. However,. nothing herein shall be construed to limit the right of Lessor to require, at the time the New Lease expires by its terms, that the improvements be removed and all excavations caused by the construction to be filled as provided in Section 10 of the Ground Lease." IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written. LESSOR: WEST COAST SERVICE LENDER: KEYCORP REAL ESTATE MPANY CAPI KETS, INC. By po'b I G By r jSchaefer, partner vsd Thatcher Senior Vice President By .r~ c- ~.al jo Scha er r By HEMSTREET: Cliff d G. Potter, partner Mar S. Hemstreet individually By Phyl is J. tter, partner BORROWER: SHILO INN, WASHINGTON B /-"'I- ~11~&I~ SQUARE, LLC er V. ille partner By: Wa in ton Squa Hotel Corp. By n~ John P. Kneeland Vice President Page' 2 FIRST AMENDMENT TO LANDLORD'S CONSENT & ESTOPPEL AGREEMENT r STATE OF 6'L/~! ) ss. County of ) January 1997 d, the above named Robert M. Schaefer and ackno le Et)%eL(§0M N8in instrument to be his voluntary act and deed. NOTARY PUBLIC STATE OF WASHINGTON / e f 01MMMSION EXPIRES JUNE 15, 2000 Notary Public for My commission expires: STATE OF C ss County of January 1997 Personally a eared the above named Sally Jo Schaefer and .acknowl d WIPeA tBb%Wg instrument o be her voluntary act and deed. NOTARY PUBLIC B f OWTF,PF WASHINGTON COMMISSION EXPIRES Notary Public fnE LINE 15, 2000 My commission expires: 6 j ~ e c) STATE OF A( t.C. ) 4 ~ ) ss. County of ) . January ,2 ~ 1997 Personally appeared the above named Clifford G. Potter and acknowledged the foregoing instrument to be his voluntary act and deed. / / DONISE A. LOOMANS Notary Public for NOTARY PUBLIC My commission expires: ~ /s- STATE OF WASHINGTON COMMISSION EXPIRES I JUNE 15, 2000 Page 3 FIRST AMENDMENT TO LANDLORD'S CONSENT & ESTOPPEL AGREEMENT i STATE OF ss. County of ) January 1997. Pers riapecized th above named Phyllis J. Potter and acknowle a ~~~~EE i strument to be her vol~intary act and deed. NOTARY PN"LIC STATE OF WASHINGTON Be f e nfeP!NMISSION EXPIRES JUNE 15. 2000 Notary Public- forl- My commission expires: STATE OF ~.~e~elf~ ~ ss. / County of January 1997 Per on 11 above named Gerald V. Miller and acknowle ge@101L 4g & ~ instrument be his voluntary act and deed. NOTARY PU LIC STATE OF WASHINGTON BeAre MOHMISSION EXPIRES JUNE 15, 2000 Notary Public for, My commission expires : i,s- -~^n c:- STATE OF OREGON ) ss. J~4 County of Washington ) d-a-rat ZLI , 1997 Personally appeared the above named Mark S. Hemstreet and acknowledged the foregoing instrument to be his voluntary act and deed. Before me: Notary u i for Oregon commission expires: Js,~ 0,11 AL SFs\L t N! PL; l1Y •OMPAISSiON Er.rh 1397 t i Page 4 FIRST AMENDMENT TO LANDLORD'S CONSENT & ESTOPPEL AGREEMENT i O~ aJ STATE OF ) ss. County of 1997 Personally appeared the above named David E. Thatcher, as Senior Vice President of KeyCorp Real Estate Capital Markets, Inc., and acknowledged the foregoing to be the voluntary act and deed of such corporation. ;j OFFICIAL SEME.i Before me: ^1 ; sr'iRL1EYJCAdNOTARY PUBLIC _ y for L .iMl „SiON :•EXPIRES mm1S On expires: 5 9 STATE OF OREGON ) ss County of Washington ) January 1997 Personally appeared the above named John P. Kneeland, as Vice President of Washington Square Hotel Corp., the manager of Shilo Inn, Washington Square, LLC and acknowledged the foregoing to be the voluntary act and deed of such limited liability company. Before me. - otary Pu4 is for Oregon My commis on expires: ~ l ~i OFFICIAL SEAL DOROTHY E. VOLLMER NOTARY PUBLIC-OREGON COMMISSION NO 033674 MY COMMISSION EXPIRES APRIL 10, sixteen.007 Page 5 FIRST AMENDMENT TO LANDLORD'S CONSENT & ESTOPPEL AGREEMENT LANDLORD'S CONSENT & ESTOPPEL AGREEMENT r LESSEE'S EXERCISE OF OPTION TO EXTEND LEASE CONSENT TO ASSIGNMENT OF LESSEE'S INTEREST The parties to this agreement (the "Agreement") dated December )L, 1996 are as listed next. LES OR: W-st Coast Service ComT.any, a general cart.re: ship LENDER:. KeyCorp Real Estate Capital Markets, Inc. HEMSTREET: Mark S. Hemstreet BORROWER: Shilo Inn, Washington Square, LLC, an Oregcn Limited Liability Company RECITALS: A. Lessor owns fee title to the land (the "Leased Premises") described in Exhibit A, attached hereto. B. Hemstreet is the current holder of the lessee's interest in a ground lease, on the Leased Premises, which lease is dated January 31, 1984, between Lessor and William F. Brenner and Lorene Brenner, and Chi Tsung Fong and Wen Chu Pong, a memorandum of which was recorded November 15, 1994, under fee number 84044772, Records of WashinQcon County, Oregon (the ,"Ground Lease"). A copy of the Ground Lease, together with copies of previous consents and assignments is attached as Exhibit B. C. The current term of the Ground Lease expires June 30, 2014. Pursuant to paragraph 3 of the Ground Lease, Hemstreet desires to exercise his oction to extend the term of the Ground Lease an a,:_.icional 10 years to June 30, 2024- D. ceslres to trans-fe I-,ls leasehold interest in the Ground Lease to Shilo Inn, Washington Square, LLC, an Oregon limited liability company ("Bcrrcwer") E. Borrower desires to obc-=in a loan in the amount of approximately Three Million Four Hundred Thousand Dollars ($3,400,000.'00) from Lender, and Lender has agreed to :Hake such loan, secure: pv a Deed of Trust cn Borrower's leaseheid interest in the Leased __emises, crovided that Lender occaI s certain Page 1 LANDLORD'S CONSENT & ESTOPPEL AGREEMENT LESSEE'S EXERCISE OF OPTION TO EXTEND CONSENT TO ASSIGNMENT OF LESSEE'S INTEREST agreements from Lessor which will permit Lender to protect its interests in the event Borrower fails to perform the Ground Lease as agreed. Borrower also desires to use Borrower's leasehold interest in the Leased Premises as additional collateral for other Shilo Inn loans. THE PARTIES AGREE AS FOLLOWS: 1. Hemstreet hereby exercises his option to extend the term of the Ground Lease for an additional 10 years to June 30, 2024. 2. Lessor hereby consents to the transfer of Hemstreet's leasehold interest in the Leased Premises to Borrower. Borrower hereby assumes personal liability for the payment of the rent and the performance of the other terms of the Ground Lease. Hemstreet shall remain personally liable for the payment of the Ground Lease and the performance of all of its terms and conditions. Hemstreet warrants that he owns fifty percent (50%) or more of the membership interest in Borrower. Hemstreet agrees that he will not transfer controlling interest in Borrower to any other person or entity without Lessor's prior written consent, which consent shall not be unreasonably withheld. 3. Lessor hereby consents to the granting by Borrower of a Deed of Trust on Borrower's leasehold interest in the Leased Premises for the benefit of Lender to secure the loan referred to above (the "Leasehold Mortgage"). Lessor also consents to the use of Borrower's leasehold interest in the Leased Premises as additional collateral for loans from Lender on other Shilo Inns. 4. Lessor agrees that Lessor will not modify or amend the terms and conditions of the Ground Lease, or accept a surrender of the Leased Premises, or a termination of the Ground Lease, without first obtaining the written consent of Lender for as long as the Leasehold Mortgage remains a lien on Borrower's leasehold interest. 5. Borrower shall have the right to encumber Borrower's leasehold estate in the Leased Premises to Lender, provided that Lessor, under no circumstances, shall have any liability for the payment of the loan secured by the Leasehold Mortgage, and at all times the Lessor's real property interest in the Leased Premises shall be and remain superior to that of the Leasehold Mortgagee and that no encumbrance or lien shall thereby exist on Lessor's reversionary interests. Page 2 LANDLORD'S CONSENT & ESTOPPEL AGREEMENT LESSEE'S EXERCISE OF OPTION TO EXTEND CONSENT TO ASSIGNMENT OF LESSEE'S INTEREST 6. For as long as the Leasehold Mortgage shall remain unsatisfied, the following shall apply: 6.1 Lessor, upon serving Borrower with any notice under this Agreement, or under the provisions of, or with respect to the Ground Lease, shall also serve a copy of such notice on Lender (or the then holder of the Leasehold Mortgage) at the address specified in this Agreement, or at such other address as the Lender shall designate in writing to Lessor. No notice from Lessor to Borrower shall be deemed to have been duly given unless and until a copy thereof has been so served. 6.2 In the event Borrower shall be in default under the Ground Lease or this Agreement, Lessor shall notify Lender in writing of Borrower's default, specifying the default and the date by which Borrower must cure the default, and the subsequent date (which shall not be less than thirty (30) days following the date of the notice for a monetary default) by which Lender may cure the default on behalf of Borrower. 6.3 With respect to non-monetary defaults, no default or event of default shall be deemed to exist under the Ground Lease or this Agreement if steps by Borrower or Lender to remedy the facts giving rise to such potential default have been commenced in good faith within sixty (60) days of receipt of notice from Lessor and are being prosecuted in good faith with diligence and continuity. In the event of a non-monetary default which Borrower is unwilling or unable to cure, and which is difficult or impossible for Lender to cure without having possession of the Leasehold Premises, then Lessor shall take no action to terminate the Lease without giving Lender (a) written notice of Lessor's intention to terminate the lease, and (b) a reasonable opportunity to obtain possession of the Leased Premises (including possession by a receiver), and (c) a reasonable time after obtaining possession to cure the default. However, Lender shall not be obligated to continue such possession or to continue any pending foreclosure proceedings after such default shall have been cured. 6.4 In the event of a default by Borrower not susceptible of being cured by Lender (including, but not limited to, any assignment by Borrower for the benefit of creditors, the bankruptcy or insolvency of Borrower, or the appointment of any receiver or trustee against Borrower or any of its assets) such default shall be deemed to have been waived, and all rights of Borrower under the Ground Lease and this Agreement reinstated, upon completion of foreclosure proceedings by Lender (or upon acquisition of Page 3 LANDLORD'S CONSENT & ESTOPPEL AGREEMENT LESSEE'S EXERCISE OF OPTION TO EXTEND CONSENT TO ASSIGNMENT OF LESSEE'S INTEREST f Borrower's interest through deed in lieu of foreclosure, or otherwise). No election by Borrower to terminate the Ground Lease, and/or no rejection by Borrower of the Ground Lease in any proceeding in bankruptcy shall be binding upon Lender. In the event Borrower, or a trustee in bankruptcy for Borrower, rejects the lease in bankruptcy, Lessor agrees to give Lender a new lease on the same terms and conditions, for the then remainder of the lease term, provided that Lender shall cure, or cause to be cured all monetary defaults, and all other defaults then reasonably capable of being cured. 6.5 Lender may become the legal owner of Borrower's leasehold interest under the Ground Lease and this Agreement through foreclosure proceedings or by assignment of Borrower's leasehold interest in lieu of foreclosure. In the event that Lender, or its designee, is in possession of the Leased Premises through foreclosure, or deed in lieu of foreclosure, or in the event Lender wishes to have Borrower's leasehold interest purchased by a third party at foreclosure sale, Lender shall have the right to sell or transfer Borrower's Leasehold interest to a proposed assignee, subject, however, to Lessor's written consent, which consent shall not be unreasonably withheld, delayed, or conditioned. In the event Lender is in possession of the Leased Premises through foreclosure, or deed in lieu of foreclosure, and Lender transfers the Leasehold interest as provided herein, Lender shall thereafter have no liability to perform any of the terms of the Ground Lease. However, nothing in this Agreement shall permit Borrower, or any successor in interest to Borrower (except a successor who takes by foreclosure, or deed in lieu of foreclosure)., to assign Borrower's leasehold interest except under the terms and conditions of the Ground Lease. 6.6 If, for any reason, Borrower fails to exercise any option, available under the terms of the Ground Lease, to renew or extend the term of the Ground Lease, Lessor shall deliver written notice of such fact to Lender. Lender shall have forty-five (45) days from the date of receipt of the notice either to exercise any such renewal or extension option on Borrower's behalf, or to enter into a new lease on the same terms and conditions as set forth in the existing Ground Lease. 6.7 No union of the interests of Lessor and Borrower shall result in a merger of the Ground Lease into any superior leasehold interest or the fee interest in the Leased Premises. Page ,4 LANDLORD'S CONSENT & ESTOPPEL AGREEMENT LESSEE'S EXERCISE OF OPTION TO EXTEND CONSENT TO ASSIGNMENT OF LESSEE'S INTEREST 6.8 In any circumstances where arbitration is provided for under the Ground Lease, Lessor shall give to Lender notice of any demand for any arbitration at the same time and in the same manner as such notice was given to Borrower, and Lessor shall recognize the Lender as a proper party to participate in such arbitration. 6.9 Lessor hereby consents to Borrower's grant, if any, to Lender of a security interest in the personal property owned by Borrower and located at the Leased Premises, and a collateral assignment of any subleases by Borrower of all or any portion of , the Leased Premises, and the rents, issues and profits therefrom, if any. Lessor agrees that any interest that Lessor-may have in such personal property or subleases, as the case may be, whether granted pursuant to the Ground Lease or by statute, shall be subordinate to the interest of the Lender, provided, however, that the rent and other terms of the Ground Lease shall be paid and performed as agreed. 6.10 As long as the Ground Lease is in effect, Borrower (or Borrower's successor in interest) shall own any and all improvements, buildings, and equipment on or about the Leased Premises. In the event of any casualty to the improvements, buildings, equipment, or personal property, during any time when there is an unpaid balance on the Leasehold Mortgage and the Ground Lease is in effect, Lessor shall be entitled to require that any insurance proceeds first be used to repair and restore the improvements to the condition existing prior to the casualty. Lender shall be entitled to control the insurance proceeds while such repairs and restoration are being made; and any insurance proceeds payable by reason of such casualty, in excess, if any, of the cost of any repair or restoration of the improvements, may be applied by the Lender to the balance of the Leasehold Mortgage up to the amount of the indebtedness secured by the Leasehold Mortgage. 6.11 In the event of any condemnation of the whole or any part of the Leased Premises, while the Ground Lease is in effect, and the Leasehold Mortgage remains unsatisfied, Lender shall be entitled to receive all of Borrower's share of condemnation proceeds to which Borrower is entitled, under the terms of the Ground Lease, up to the amount of the indebtedness secured by the 3 Leasehold Mortgage. Nothing herein shall be construed to grant Lender any interest in Lessor's share of any condemnation proceeds. No agreement between Lessor and Borrower as to the allocation of condemnation proceeds shall be binding on Lender without Lender's written consent unless the unpaid balance. of the Leasehold Mortgage Page S LANDLORD'S CONSENT & ESTOPPEL AGREEMENT LESSEE'S EXERCISE OF OPTION TO EXTEND CONSENT TO ASSIGNMENT OF LESSEE'S INTEREST l ry is paid. In the event of any dispute between Borrower and/or Lender and Lessor as to the proper allocation of the condemnation proceeds between Lessor and Borrower, Lender shall have the right to be a party to any litigation, arbitration or other proceedings to resolve such dispute. In all events, Lessor shall be entitled to the value of the land, and the then present value (as of the time of the taking in condemnation) of Lessor's reversionary interest in the improvements at the time the Ground Lease would have expired by its terms if all extension options had been exercised. 7. Lessor hereby represents and warrants that, as of the date hereof: 7.1 the term of the Ground Lease commenced on February 1, 1984, and the original term expires on June 30, 2014; 7.2 there are no options to renew the term of the Ground Lease except the option to renew, exercised in this Agreement, which extends the term to June 30, 2024, and an additional option to renew which, if exercised, would extend the term of the lease to June 30, 2034; 7.3 the current fixed rent under the Ground Lease is $53,875.68 per annum (July 1 - June 30 year), payable in monthly installments of $4,489.64 each, and has been paid in full through November, 1996; 7.4 no additional rent or charge (including, without limitation, as applicable, taxes, maintenance, operating expenses or otherwise) that has been billed to Hemstreet or Borrower by Lessor is overdue; 7.5 there are no provisions for, and Lessor has no rights with respect to, terminating the Ground Lease or increasing the rent payable thereunder, except as expressly set forth in the Ground Lease; 7.6 the amount of the security deposit presently held by Lessor under the Ground Lease is $ None; 7.7 the Ground Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any way whatsoever, except, if at all, as described on Exhibit B annexed hereto and made a part hereof; Page 6 LANDLORD'S CONSENT & ESTOPPEL AGREEMENT LESSEE'S EXERCISE OF OPTION TO EXTEND CONSENT TO ASSIGNMENT OF LESSEE'S INTEREST 7.8 there are no agreements, whether oral or written, between Hems tree t/Borrower and Lessor concerning the Property other than the Ground Lease; 7.9 a true, correct and complete description of the documents constituting the Ground Lease is set forth on Exhibit B; 7.10 Lessor has not delivered or received any notices of default under the Ground Lease; 7.11 to the best knowledge of Lessor, there is no default by Hemstreet/Borrower or Lessor under the Ground Lease, nor has any event or omission occurred which, with the giving of notice or the lapse of time, or both, would constitute a default thereunder; 7.12 any improvements required by the terms of the Ground Lease to be made by Hemstreet/Borrower have been completed to the satisfaction of Lessor, and Hemstreet/Borrower's current use and operation of the Property complies with any use, covenants or operating requirements contained in the Ground Lease; 7.13 Lessor is the record and beneficial owner of the Leased Premises; 7.14 neither Hemstreet nor any affiliate of Hemstreet has any direct or indirect ownership interest in Lessor or any affiliate of Lessor; and 7.15 Lessor has obtained all of the consents or approvals of any party necessary or desirable to effectuate the terms of this Agreement. 8. Lessor acknowledges and agrees that Lender may rely upon the truth and accuracy of the certifications contained in the foregoing paragraph 7, which shall inure to the benefit of Lender and its successors and assigns. 9. Upon Hemstreet's, or Borrower's, or Lender's written request from time to time, Lessor shall deliver to Hemstreet, Borrower, and Lender, or their respective designees, a written instrument, signed and acknowledged by Lessor, which shall set forth the information contained in paragraph 7 above on a current basis and any other information reasonably requested by Hemstreet or Borrower or Lender. Page 7 LANDLORD'S CONSENT & ESTOPPEL AGREEMENT LESSEE'S EXERCISE OF OPTION TO EXTEND CONSENT TO ASSIGNMENT OF LESSEE'S INTEREST 10. Lessor, Borrower, and Hemstreet agree promptly to execute, acknowledge, deliver and cause this Agreement to be recorded in the appropriate public records. 11. Lessor's recourse against Lender shall be expressly limited to Lender's interest in the Ground Lease. 12. This Agreement, the covenants, terms and conditions hereof and the rights and obligations created hereby, shall run with the land and be binding upon and inure to the benefit of Lessor, Hemstreet, Borrower, and Lender, and their respective successors and assigns. 13. This Agreement may be executed in any number of separate counterparts, each of which, when so executed and delivered, shall be deemed an original, but all of which collectively and separately, shall constitute one and the same agreement. All signatures need not be on the same counterpart. 14. Except as expressly modified, amended and supplemented by this Agreement, all of the.terms, covenants and conditions of the Ground Lease shall remain in full force and effect. 15. All notices required to be given by the terms of. this Agreement shall be given in accordance with the Notice terms of the Ground Lease at the addresses set forth below, or addresses as later specified by the parties: Lender: KeyCorp Real Estate Capital Markets, Inc., 700 Fifth Avenue, 52nd Floor, Seattle, Washington 98104, Attention: Mr. David E. Thatcher Borrower: Shilo Inn, Washington Square, LLC, 11600 S.W. Barnes Road, Portland, Oregon 97225, Attention: Mark S. Hemstreet THE BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK Page 8 LANDLORD'S CONSENT & ESTOPPEL AGREEMENT LESSEE'S EXERCISE OF OPTION TO EXTEND CONSENT TO ASSIGNMENT OF LESSEE'S INTEREST + Hemstreet: Mark S. Hemstreet, 11600 S.W. Barnes Road, Portland, Oregon 97225 Lessor: West Coast Service Company, 10250 S.W. Greenburg Road, Suite 102B, Portland, Oregon 97223, Attention: Gerald V. Miller IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and ycaz first above written. LESSOR.-'--~EST COAST SERVICE LENDER: KEYCORP REAL ESTATE OMPANY CAPITAL MARKETS, INC. BT BY 5~ bert Sch efer, partner David E-.-Thatcher ' Senior Vice President By Sally Jo haefer, /artn By - - HEMSTREETA~1~ Clif brd G. Pctter, partner Mar:{ S. Hemstreet a~ individually By RL 1j _ 2-1t. Phyllis J. Potter, partner Gera V. Mill..-, partner BORROWER: SHILO INN, WASHINGTON SQUARE, LLC By: Washington Square Hotel Corp., its manager by Join P. Kneeland Vice President Pace 9 LANDLORD'S CONSENT & ESTOPPEL AGREEMENT LESSEE'S EXERCISE OF OPTICN TO EXTEND CONSENT TO ASSIGNMENT OF LESSEE'S INTEREST STATE OF ti tom) ss. County of 1996 (2~6 Perso abONI9eb-A lA bove named Robert M. Schaefer and acknowledg d %roTAR 8Eft ins rument to be his voluntary act and deed. STATE OF WASHINGTON COMMISSION EXPIRES f B e o me : JUNE 16. 2000 otary Public for My commission expires: STATE OF - ZL ) ss. County of _ ice! ) ~2~V , 1996 Pers nab p e above named ally Jo Schaefer and acknowled ed P Y Sin trument to,,be her voluntary act and deed . STATE 0~ ,VASHINBLIC GTON B e f o e m~CM.MIBSION EXPIRES JUNE 16, 2vG0 Notary L :^li c for My Comm, SE 4 on e,<- 4 cz 11 STATE OF ) 1 ) ss. County of 1996 Personally appeared the above name, Clifford G. Potter and acknowledged the foregoing instrument to/TDe his voluntary act and deed. DONISE A. LOOMANS Be f o m~OTARY PUBLIC STATE OFWASH;N-(3TON Notary Puolic for te" COMMISSION EXPIRES My c omm i s s i o r_ e xo 1 re s : -Z - itO JUNE 15, 2000 Pane 10 LANDLORD'S CONSENT & ESTOPPEL AGREEMENT LESSEE'S EXERCISE OF OPTION TO EXTENC CONSENT TO ASSIGNMENT OF LESSEE'S INTEREST STATE OF ss. ' County of 1996 Per onEa0pbGOMAN,4he above named Phyllis J. Potter and acknowle ged T?R)6 'ICg i strument to be ,der voluntary act and deed. STATE JF "'WASHINGTON COMMISSION EXPIRES E- f re me4UNE 15, 2000 Z2/ Notary Public for / My commission expires: STATE OF ss. J f County of 1996 Pe o above named Gerald V. Miller and acknowl g p€df~fl( strument o, be his voluntary act and deed. OTAR`.' PUBLIC STATE OF VVI~,S-HINGTON ' Be ore C19LNISSION EXPIRES JUNE 15. 2000 o t a_ y Public f o i. My ccmmissi on expires : STATE OF OREGON ) } s s . i- County of Washington 7-4 j 7 y'7 Personally appeared the above named Marc S. Hemstreet and acknowledged the foregoing instrument to be his voluntary act and deed. { Before me: Notary Paul-ice r Oregon -~C F ~:,~~5 ~ my c=m_ss-on expires: i SWIL:~Y .RANI STS MART l . ~ hCT,~•~'r PUB~i(:-GF_GON (I1 } ' CCiw!~iS""Ju u0 C~~378 (1 } SAY COMMISSION E/P+NFS SEPT. 5. 1997 Pace 11 LANDLORD'S CONSENT & ESTOPPEL AGREEMENT LESSEE'S EXERCISE OF OPTION TO EXTEND CONSENT TO ASSIGNMENT OF LESSEE'S INTEREST 1 ~ ~ CY?~Eso ~ STATE OF ) ss. County of ICU j 9 q7 Personally appeared the above named David E. Thatcher, as Senior Vice President of KeyCorp Real Estate Capital Markets, Inc., and acknowledged the foregoing to be the voluntary act and deed of such corporation. Before me, OFF CIAL SEAL SHIRLEY JEAN STEN07AAY PL- ~YAA rc-GJNN ary ub i o r o2E~c a RLir.,-C.. M ommiss1 n expires:-J/5 MY c0-.04ISS+Cti c ES SEFT 5.1997 STATE OF OREGON ) ss. County of Washington 1996 Personally appeared the above named john P. Kneeland, as Vice President of Washington Square Hotel Corp., the manager of Shilo Inn, Washington Square, LLC and acknowledged the foregoing to be the voluntary act and deed of such limited liability company. Before me. t Notary Pu ?is for Oregon OFFICIAL SEAL My commi scion expires: _ < DOROTHY E. L'CLLYIER NOTARY PUBUC•OREGON COMMISSION NO 01,3674 MY COMMISSION EXPMES .APRIL 10. 1998 s_xteen.005 Page 12 LANDLORD'S CONSENT & ESTOPPEL AGREEMENT LESSEE'S EXERCISE OF OPTION TO EXTEND CONSENT TO ASSIGNMENT OF LESSEE'S INTEREST Interest Holders of the Property LaSalle Bank National Association, as Trustee for the certificate holders of CMAC Commercial Mortgage pass-through certificates, series 1997-ML 1 c/o Midland Loan Services PNC Bank Lockbox c/o UMB Bank Wholesale 1008 Oak St Kansas City MO 64106 Owner/Lessee Robert M. Schafer, Sally J. Schafer and Gerald V. Miller dlb/a West Coast Service Company 10250 SW Greenburg Rd Ste 102B Portland OR 97223 49614-35948 85571. doc iTMFI! 11911006 C. Commercial use types. I. Commercial Lodging: Residential facilities such as hotels, motels, rooming houses and bed-and- breakfast establishments where tenancy is typically less than one month. May include accessory meeting and convention facilities and restaurants/bars. 2. Faring and Drinking Establishments: Establishments which sell prepared food and beverages for consumption on site or take-away including restaurants, delicatessens, bars, taverns. brew pubs and espresso bars. 3. Entertainment-Oriented a. Major Event Entertainment: Facilities such as auditoriums, stadiums, convention centers and race tracks which provide athletic, cultural or entertainment events and exhibits fir large groups of spectators. b. Outdoor Entertainment: Facilities with extensive outdoor facilities including outdoor tennis clubs, golf courses and shooting ranges. V c. Indoor Entertainment: Commercial indoor facilities such as health/fitness clubs, tennis, racquetball and soccer centers, recreational centers, skating rinks, bowling alleys, arcades, shooting ranges and movie theaters. d. Adult Entertainment: Facilities including adult motion picture theaters, adult video/book stores and topless, bottomless and nude dance halls which include materials and activities characterized or distinguished by an emphasis on matters depicting specified sexual activities or anatomical areas. 4. General Retail a. Sales-Oriented: Establishments which consumer-oriented sales, teasing and rental of consumer, home and business goods including art; art supplies; bicycles; clothing; dry goods; electronic equipment; fabric; gifts; groceries; hardware; household products; jewelry; pets and pet products; phannaceuticals: plant; printed materials; stationery and videos. Excludes large- scale consumer products (see 18.130.020 CAA); and those sold primarily outdoors (see 18.130.020 C.4.e, Outdoor Sales). b. Personal Services: Establishments which provide consumer services such as banks and credit unions; barber and beauty Shops; pet grooming; laundromats and dry cleaners, copy centers; photographic studios; trade/vocational schools, and mortuaries, c. Repair-oriented: Establishments which engage in the repair of consumer and business goods including television and radios: bicycles: clocks; jewelry; guns; small appliances and office equipment: tailors and seamstresses: shoe repair; locksmith and upholsterer. d. Bulk sales: Establishments which engage in the sales, leasing and rental of bulky items requiring extensive interior space for display including furniture, large appliance and home improvement sales. Use Classifications 18.130-3 Code Update: 09106 C. C-G: General Commercial District. The C-G zoning district is designed to accommodate it full ranee of retail, office and civic uses with a City-wide and even regional trade area. Except „,here non- conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are pennitted conditionally. D. C-P: Professional,'Administrative Commercial District. The C.-P zoning district is designed to accommodate civic and business/'professional services and compatible support services. e.g., convenience retail and personal services, restaurants, in close proximity to residential areas and major transportation facilities. Within the Tigard Triangle and Bull Mountain Road District, residential uses at a minimum density of 32 units/net acre, i.e., equivalent to the R-40 zoning district, are pennitted in conjunction with a commercial development. Heliports, medical centers, religious institutions and utilities are pennitted conditionally. Developments in the C-P zoning district are intended to serve as a buffer between residential areas and more-intensive commercial and industrial areas. E. CBD: Central Business District. The CBD zoning district is designed to provide a concentrated central business district, centered on the City's historic do%vntown, including a mix of civic, retail and office uses. Single-family attached housing, at a maximum density of 12 units/net acre, equivalent of the R-12 zoning district, and multi-family housing at a minimum density of 32 units/acre, equivalent to the R-40 zoning district, are permitted outright. A wide range of uses, including but not limited to adult entertainment, utilities, facilities with drive-up windows, medical centers, major event entertainment and gasoline stations, are permitted conditionally. F. MUE: Mixed-Use Employment. The MUE zoning district is designed to apply to a majority of the land within the Tigard Triangle, a regional mixed-use employment district bounded by Pacific Highway (H\vy. 99), Highway 217 and 1-5. This zoning district permits a wide range of uses including major retail goods and services, bust nessiprofessional offices, civic uses and housing; the latter includes multi-family housing at a maximum density of 25 unitsiacre, equivalent to the R-25 zoning district. A wide range of uses, including but not limited to community recreation facilities, religious institutions. medical centers, schools, utilities and transit-related park-and-ride lots, are permitted conditionally. Although it is recognized that the automobile will accommodate the vast majority of trips to and \,vithin the Triangle, it is still important to I ) support alternative modes of transportation to the greatest extent possible; and 2) encourage a mix of uses to facilitate intra-district pedestrian and transit trips even for those who drive. The zone may be applied elsewhere in the City through the legislative process. Cf. MUE-1 and MUE-2: Mixed Use Employment Districts. The MUE-1 and 2 zoning district is designed to apply to areas where employment uses such as office, research and development and light manufacturing are concentrated. Commercial and retail support uses are allowed but are limited, and residential uses are permitted which are compatible with employment character of the area. Lincoln Center is an example of an area designated MUE-I, the high density mixed use employment district. The Nimbus area is an example of an area designated MUE-2 requiring more moderate densities. Ff. MUC: Mixed Use Commercial District. The MUC zoning district includes land around the Washington Square Mall and land immediately west of Highway 217. Primary uses pennitted include office buildings, retail, and service uses. Also permitted are mixed-use developments and housing at densities of 50 unites per acre. Larger buildings are encouraged in this area with parking under, behind or to the sides of buildings. Commercial Zoirh{g Districts 18.520-2 Code Upda/e: 10102 TABLE 18.520.1 USE TABLE: COMMERCIAL ZONES USE CATEGORY C-N''l C-C'' C'-G C-P CBD MUF" MUC-1 .muc,"ll N'IUE: i"IUR I and 2""' 1 and 2""' RESIDENTIAL HOIISehold Living N R R R R' R P'`' I' P P Groin Living N N C' N P N C R C' R' /C' R''iC' Transitional Flouring N N C N C"' N C C C C Home occupation W,l R121 R1.21 R121 R' R ` P R R Z RI' HOUSING TYPES Single Units, Attached N/A N/A N/A N/A N/A N/A N/A R1 "l R P Sin el Units, detached N/A N/A NIA N/A N/A N/A N/A R " R " R111 Accessorv Units N/A N/A N/A N/A N/A N/A N/A 17T F R7-"F Duplexes N/A N/A N/A N/A N/A N/A N/A R 1 ` P Multi-tirnlily Units N/A N/A N/A N/A N/A N/A N/A P P P Manufactured Units N/A N/A N!A N/A N/A N/A N/A N N N Mobile Home Parks, Subdivisions N/A N/A N/A N/A N/A N/A N/A N N N CIVIC INSTITUTIONAL) Basic Utilities C' N N C C C' C' C" C'" U Colleges N N N N N C C C C C Community Recreation N P N N P C N P C' C CUltural Institutions p P P P P P P P P N Da Care p P P P P P P P P PIC-13.11 Emergency Services p P P P P P P P P N Medical Centers C N C C C' C' C' C C C Postal Service P P P P P P P P P N Public Support Facilities p P P P P P P P P P Religious Institutions C C 1' C P P C P P C Schools N N N N N C C' C C C' Social/Fraternal Clubs/Lodges c C P P P P P P 1' C COMMERCIAL Commercial Lodging N N P R J P P P P P N Eating and Drinkin g Establishments C. P P R' P P P P P R~''i1 Commercial Zoning Districts 18.510-5 Coda tipdate: 10102 USE CATEGORY C-N"' C-C"' C-C C-P CBD MUEI °I MUC-1 MUO"1 MUE MUR and 21"1 1 and 21:81 Entertainment-Oriented Major Event Entertainment N N C N C N C C N N Outdoor Entertainment N N P 111u51 P N N C N N Indoor Entertainment P P P P P P P P P N Adult Entertainment N N C N C N N C N N General Retail Sales-Oriented P P171 P RI"'1 P R1221 R1251 P 81221 RI14 151 Personal Services P P P P P R1721 81251 P R1221 R114 ',1 Repair-Oriented P P P N P R[221 R1251 RI221 81221 N Bulk Sales N N P N N R1221 111251 R1221 R1721 N Outdoor Sales N N P N N N N N N N Animal-Related N N N N N P P N N N .i Motor Vehicle Related Motor Vehicle Sales/Rental N N P/021 N C N N R1241 81241 N Motor Vehicle Servicing/Repair N CIs) NO' 21 N 111181. RI221 R12a1 N N N. Vehicle Fuel Sales C C C N C N C C C N Office P R1''1 P P P P P P P RI'4.51 Selt=Service Storage N N C N N N N N N N Non-Accessory Parkins; C' C P P P P P P P N INDUSTRIAL Industrial Services N N N N N N N N N N Manut"uctu•ing and Production Light Industrial N N N N N 81231 N N Rj211 N General Industrial N N N N N N N N N N Heavy Industrial N N N N N N N N N N Railroad Yards N N N N N N N N N N Research and Development N N N N N 111241 R- N R N Warehouse/Frei ght Movement N N N N N 11-4 N N 11 2 N Waste-Related N N N N N N N N N N Wholesale Sales N N N N C N N N R 23,'241 N OTHER A griculture/Horticulture N N N N N N N Cemeteries N N N N N N N Commercial Zunitig Districts 18.520-6 Code Update: 10102 USE CATEGORY C-N"' C-Cl`l . C-G C-P CBD NIUEI u1 NIUC-I NIUCI-"1 MUE NIUR I and 2""1 1 and 2""1 Detention Facilities N N C N C N N Heliports N N C C C N N Mining N N N N N N N Wireless Communication Facilities P/R P/R' P/R P/R P/R P/R P/R' Rail Lines/Utility Corridors P P P P P P P Other C' C1101 NA NA C NA NA P=Permitted R=Restricted C=Conditional Use N=Not Permitted ( 11 All permitted and conditional uses subject to special development smndaids contained in Section I8.520.050.A. [2J Permitted subject to requirements Chapter 18.742. [3] Sec Chapter 18.798 Wireless Communication Fact Iiues, requirements hilr permitted and restricted facilities. 141 Uses operating before 7 00 AM ;Ind%ur;tttcr moo Plx•1 are euuditiunal uses. [5J All permitted, limited and conditional uses must meet special dcveIopinent standards in Section 15.520.050 B [6] Residential units permitted by right, as it nixed use in conjunction with :a Commercial development, on ur above the second fluor or the structure, m den,itie, not to exceed 12 units net acre. [71 Limited to 10,000 gross square feet In size, except recall Ibod and beverage outlets. which ❑I'e limited to 40,0110 gruss square feet ur less. [8] Limited to motor vehicle cleaning only. [9] When combined in single structure, each separate establishment shall not exceed 5,000 gross squ;u'e feet. [10J Uses operating before 6:00 AM and/or after 11:00 PM: or drive-up windows are conditional uses. [I IJ A single-family unit providing that it is located on the same site with a permitted ur conditional use In and is occupied exclusively by :a caretaker or superintendent ul'ihe permitted ur Cundltiulaal use. Multi•f:unlh housing is permitted as part of a PD, subject to Chapter 18.350, [12] Cleaning, sales and repair of motor vehicles and light equipment is permitted outright: sales and rental of heavy vehicles and farm equipment and/or storage of recreational vehicles and boats permitted cundluunAl) [13J Multifamily residential units, developed at R-40 standards, as a mixed-cue in conjunction with commercial development on or above the second flour of the structure, only in the C'-P District within the I ft"Md Triangle and Bull Mountain Road district. [141 Restaurant permitted with restriction in size in conjunction with and on the same parcel as it commercial lodging use. [15J As accessory to offices or other permitted uses, the total space devoted t) a conibinauan of retail sales and eating/drinking establishments may not exceed more than 20%,, of Iltc entire square luutage mihin the development complex. 116] May not exceed 10%, of the total square fixnage within an office complex, [ 17J Single•fimtily tmachCll and nolti•(;unily residential amts, developed of R-40,tandards. except the area hounded by Panne Creek, Hall Boulevard. O'Mara, Ash Avenue and HIII Street, H ithtn Hhich property zoned fur CBD development which shall he designated R-12 PD and shall he developed its planned developments in conforntmtce with the R•12 District standards 18J Motor vehicle claming orals ( 19J lhrvc-up cvuu6xvs pcrmincd condluonall.~ [_'111 All pcnnincd:md conditional uses object tu,pecml dcvCIOpment sland:lyd.h eontamCd lit SectiunlS.520.0511.C. [21] ] t\•lulti-I;unil~ rc,idenuaL ;u 25 Unit,: gross acre.:allu~trd uutnght. Pic-c.xuting detached ,inglc•I:annlY tlwelhngs are permitted outright. 1221 Ncw Rel:ul and sae, uses may not exceed 60.00(1 grit„ Ic:uahlc arca per hmlding within the Washington Square Regtunal C'ente'r or Tigard lrcmglc except fur those, areas nocd C-6 at the timne the MUE toning district was adopted in the Tigard Triangle. v t23J All activities associated with tilt, use, except cmlployet: and customer parking, shall be Contained within buildings. (241 Permitted as accessory to it permined use long :Is this usc• Is contained within the same building as the permitted use, and dues not exceed the Iluor area uI• the permuted use. [251 PCI'IIIIIIed pro, ❑led the use I, nO target then 60,000,quitre feet of gross flour arca per building or business. 1261 Household living limited ua single units, attached. and nnllti•I'amil,v including but not limited to apartments, attached condominiums, townhouses and rowhouses at a minimum density of 25 dwelling units per acre and a maximum density of 50 dwelling units per acre. 1271 Wireless only as attached to structure within height limn, we Chapter 18.795. 1251 All Permmed and Conditional lases subject to special development stand:u•cls contained in 15.630 1291 Group living will, live or I•ew•cr residents permitted by right: group living ",tilt six m' inure residents permitted as cundidunal use. t301 Pre-existing housing units pernutted. Conversion of prrCxtsamg housing units to other use., is subject to the requirements of Chapter 15.610 Commercial Zoning Districts 18.520-7 Code L pidale : 10102 [311 Permitted for pre-existing housing units, subject to requirements Chapter 14.710. [32J Except water, storm and sanitary sewers, which arc allowed by right. [33) In-home day care which meets all slate requirements permitted by right; freestanding day care centers which meet all state requirements permitted conditionally. [34J This use is allowed only in mixed-use devClopillenty at the Washington Square Regional Center. Commercial uses shall occupy no more than 501%, of the total 11our area N ithin the mixed-tae development, and shall be permitted only when minimum residcrmal densities are met. An exceptiun to the requirement that commercial uses may be permitted only it'residential minunum Jensiurs are met is provided fur properties zoned commercial prior rU implementation of the Washington Square Regional Center Plan (3128/2002). The exempted properties are identified as assessur map number. IS 135AA-00400, IS 135AA-01400, 1 S 135AA- 01900, 1 S I AA-01901, 1 S 135DA-0'2000, I S 135AA-02500, I S 135AA-02600, I S 135AA-11271111, I S 135DA-01900, and I S I DA-02000 These parcels, ur parcels created from these parcels, after the eflccuvc date of this Ordinance. May be developed as a solely commercial use with it use permitted in the MUR-1 or MUR- 2 zones. [35J The maximum building tiwtprint size permitted titr any building Occupied entirely by a commercial use or uses shall be 7,500 square feet. An exceptiun to the Iirtlit on the size of a building occupied by vuMmercn,l Uses is provided for properties zoned commercial prior to implementation of the Washington Square Regional Center Plan (3/28,2002). The exempted( prupcrtic, are idcnutied as assessor map nuimhcr. IS135AA- 00400, 1SI35AA-01400, 1SI35AA-0 1900, ISIAA-01901, 1S135DA-02000, ISI35AA-1125(10, IS135AA-(12600, ISI35AA-112700, ISI35DA-01900, and ISIDA-1120110. Un these parcels, or parcel, created from these parcels, after the effective date of this ordinance, it commercial development is not limited to a specific square footage, however, all other dimensional standards of the MUR-I and MUR-2 zoning district apply which stay limit the ultimate size of com mercial development. (Ord. 02-32) J Commercial Zoning Districts 18.520-8 Corte Update: 10102 18. 20.040 Development Standards A. Compliance required. All development must comply with: 1. All of the applicable development standards contained in the underlying zoning district, except where the applicant has obtained variances or adjustments in accordance with Chapters 18,310 and 18.320; 2. All other applicable standards and requirements contained in this title- B. Development standards. Development standards in commercial zoning districts are contained in Table 18.520.2 below: Commercial Zoning Districts 18.520-9 SE/Code Update: 10/02 TABLE 18.520.2 COMMERCIAL DEVELOPMENT STANDARDS C13D NIUE RESIDEN'rlAL R-15 STANDARD C-N C-CI91 C-G C-P 0131) R-40 11-12 C-G NIF DU• NIUC-1 NIUC NIUE I IN'1UF. 2 MUR 1 NIL'R 2 Mimmtm Lot Sire 5,0011 sq It 5.000 sq ft Note 6.0(1(1 sy ti None None None None None None None None None None Detached unit 1,480 ,y fl Boarding, lodging. 6.100,q ft rooming 110l11C rlinimum Lot Width 5o Ii 50 fl 50 It 5o fl None None None 501 1 None None None None None None None Nlniinulm Setback: I 20 It (1:211 It o Il o IV", o:;o it li:l 20 It 20It o ft tut -1o it C' o Itl"' 1 o ftl:'I o ttt~', o 1'tl:" to ftl:" - 1'1'olll Val'd - Slde facing ilrcel on 20111 - - 1;311 fi 20 I't 20 it - 20 I't V o I'll"' o It,"'1 o It'-": i to W:, corner & through lots I'I • Side yard 1120 It 1~1 w2o it i"I w2o it I"1 0,20 It I"I 0.30 It 1''1 Ill tt 1'~1 10 fl 11 ll!20 ft hl 111 it ll fl' '"It '°1 0 ftl' ! o Ili: ' o ttl11 11',' ` Side or rear y:lyd abutting 30 it more restrictive zoning district Rear yard 0120 11 1') 0!20 It I"I o^o ft I"1 0!20 tt I"I 0/30 It I'll 20 tt I'll 20 tt I'll 0/20 11 1') 20 11 11 lit"111211 o tt12111 o ftt2°1 o ftt:°11221 0 tt"";Ira Distance between front 20 ft 20 ft 20 it v N/A N/A N/A N/A N ,A of garage & property line abutting a public or private street. Mininwm Building Height N%A N/A N/A N/A N/A N/A N/A N/A N/A N!A 2 stories 2 stories None 2 sturles None Maximum Building Height 35 it 35 ft 45 ft 4.5 fl so fI 1"1 60 ft 60 ft 45 ft 45 ft 70 it 200 It 200 R 60 It 75 11 45 ft Maximum Site Coverage 1'1 85 801/11 851/1, 85 '7. 85171 80'Z. 801% 951/4 so I'°I 901:6 85'G. 85"ro S5 X0111L SW!1.1 Minimum Landscape 20'7. 15 . 15 IX, 15'i. 20 20 1") 15 "r.. 20 'i.. HY!", 15".. 151%, 15'7, 20".5. 211";. Requirement \lutlmunt FAR NIA N:A MA N:A N!A N/A N'/A N A N:A 1 '-S 1,25 o.6 06 o 3' \limmum RcsldCotlld N A N/A N!A N'iA N'A N/A N'A N;A NSA N:A 50 io 25 5o 2i Density 1+1151119 unitacre unit'acrc unit acre ututrue re unit acre Maximum Residential N':\ NIA N,A MA N.;A N A N;A N:A N/A N A None Nane i 50 None 50 DensityPll`II^II'I unit acre unit acre V = See 18.640.050.B (I) The provisions of Chapter 18.795 (Vision Clearance) most be satisfied. [2] Includes all buildings and impervious surfaces. (3] Applies to all non-residential building development and mixed use development which includes a residential component. In mixed use development. residential Iloor area is included in the calculations of flour area ratio to determine conformance with minimum FAR. Commercial Zoning Districts 18.520-10 Corte Update: 10102 (4) Notwithstanding the requirements of Section 18.71 5.020, minimum and maximum density :hall he determined for residential only projects using the number of residential units per acre shown in the above table The provisions for density transfer described in Section 18.7 15.030.8 apply. using the minima m and maximum density shown in the above table. Any mixed-use or commercial only development dues not have it minimum density requirement. (5) For purposes of determining flour area ratio and residential densities, the net development area shall be uses to establish the lot area, determined per Section IN 71 5.11311.,\. (6) Adjustments to minimum density in the Washingion S(lume Regional center area subject to the standards set forth in Section 18.630.020.E. (7) The maximum density requirements for developments that Include or abut designated Water Resources Overlay district Riparian setbacks per Chapter 18.71)' are described in Section 18.630 020.1). (8) No setback shall be required except 20 feet shall he t'ctItmed where the zone abuts a residential zoning thine(. [9) See Section 18.520,050.8 for site and building design aandards [10) No front yard setback shall be required, except at 20 loot lion( lard setback shall apply tvilhnt 50 feet mfa residential district. ( 111 There shall be no minimum frow yard setback requirement, litmever. conditions in Chapters 18.745 and 18 795 must be met. [ 12) 'there are no setback requirements, except alt feet where a commercial use within :t district abuts a residential zoning district. [ 13) The maximum height of any building in the CBD zone within 100 feet ol'any residential zoning district shall not exceed 40 feet. [14) Where the side or rear yard Of attached or multiple-family dwellings abut it more restrictive toning district, such setbacks shall not be less than 35 feet. [ 15) Landscaped areas on existing developed property in the CBD shall be retained. Buflcring and screening requirements set forth in Chapter 18 745 shall he met I'm existing and netw doclopment. [ 16) Lot coverage includes all buildings and impervious surfaces. [ 17) Modifications to dimensional and minimum density requirements for developments that include or abut designated Water Resources Overlay District Riparian setbacks per Chapter 18.71)7 are described in Section I8.630.040.F. (18) The requirements contained in the Buffer MatriCCS in Tables 18.745.1 and 18.745.2 shall he used in calculating widths of buffering/screening and required improvement s to be installed between proposed uses in the MUC, MUE and MUR zones within the Washington Square Regional Center (WSRC') and abutting zoning districts nut included within the WSRC, or zoning dlilrlCts within the-WSRC which are not mixed- use. For MUC and MUF zones. the requirements for C'onnnercial 'Longs apply. For MUR zones, the requirements fur the Neighborhood Commercial Zone apply. [19) For Commercial and Mixed-use developments, the nlit.xlmtlml front and street side yard setback is 10 fret. For Residential only developments, the maximum front and street side yard setback is 20 feet. (20) Side and rear yard setbacks shall be 20 feet when the zone abuts residential districts shown in Section 18.510.020 except R-25 and R-40. (21) The maximum setback is 20 feet. (22) The maximnml setback is 10 feet. *Multiple-family dwelling unit C'-N - Neighborhood Commercial District MUC I - Mixed Use Commercial C'-C - Community Commercial District MUC - Mixed Use Commercial C-0 - General Commercial District MUE I - Mixed Use Employment/High Density C-P • Professional/Administrative Office Commercial MUE 2 - Mixed Use Employment/Medium Density CBD - Central Business District MUR I - Mixed Use Residential/High Density MUR 2 - Mixed Use Residential/Medium Density - 4 Commercial Zoning Districts 18.520-I1 Cade Update: 10102 D. In the MUC-I zone. In addition to the standards of this Chapter. development in the MUC-I zone is subject to Chapter 15.640 and an Intergovernmental Agreement between the cities of Tigard and Tualatin. E. In the MUC, MUE-1, MUE-2, MUR-I and MUR-.1 zones. Within the Washington Square Regional Center, the standards of Chapter 18.630 shall also apply. 18.520.060 Additional Development and Design Guidelines A. Development/design i4uidelines in the C-C zone. 1. The following design guidelines are strongly encouraged tirr developments within the C-C district. Conditions of approval of the development plan may include, but are not limited to, any of the site and building design guidelines deemed appropriate to be mandatory. a. Building design guidelines: (1) The design of buildings within a community commercial development should incorporate elements such as special architectural details. distinctive color schemes, special art and other features, which are sensitive to and enhance the surrounding area and serve to distinguish the complex from other retail complexes in the city; (2) All buildings within a multi-building complex should achieve a unity of design through the use of similar architectural elements, such as roof form, exterior building materials, colors and window pattern; (3) Individual buildings should incorporate similar design elements, such as surface materials, color, roof treatment, windows and doors, on all sides of the building to achieve a unity of design. The sides of a building which face toward a public street should include public entrances to the building and windows to provide visual access to the activity within the building. The sides of a building which face toward an adjoining property, but not toward a public street, should include elements such as windows, doors, color, texture, landscaping or wall treatment to provide visual interest and prevent the development of a long continuous blank wall. b. General site design guidelines: Loading areas should not be located on the side of a building which faces toward a residential use. Loading areas. if' located between the building and the street, should be oriented away from the street and should be screened to minimize views of the loading area from the street and sidewalk. 2. Design standards: The following mandatory design standards apply within the community commercial district: a. Internal Walkways. (1) Walkways, eight feet minimum width, shall be provided from the public sidewalk or right-of-way to the building(s). At a minimum, walkways shall be located to connect focus points of pedestrian activity such as transit stops and street crossings to the major building entry points; Commercial Zoning Districts 18.520-13 Code Update: 10102 Chapter 18.630 WASHINGTON SQUARE REGIONAL CEN"f ER DESIGN STANDARDS Sections: 18.630.010 Purpose and Applicability 18.630.020 Development Standards 18.630.030 Pre-existing Uses 18.630.040 Street Connectivitv 18.630.050 Site Design Standards 18.630.060 Building Design Standards 18.630.070 Signs 18.630.080 Entry Portals 18.630.090 Landscaping and Screening 18.630.100 Street and Accessway Standards 18.630.110 Design Evaluation 18.630.010 Purpose and Applicability A. Purpose. 1. This Chapter will implement the vision, concepts and principles contained in the l ashington Square Regional Center Plan, and the recommendations contained in the Phase 11 Implementation Plan Suntinarp Report, prepared by a Task Force appointed by the City of Tigard. 2. Metro's Regional Urban Growth Management Functional Plan target growth capacity for the Washington Square Regional Center will be met by permitting mixed use development within the Regional Center at densities appropriate for an urban center. 3. A mixed use Regional Center will contain a variety of districts that vary in scale, predominant use, and character. Distinct districts, connected to each other and to the rest of the region by a multi-modal transportation system. will provide a range of working, living and shopping opportunities. 4. Improved multi-modal transportation links, higher densities, variety of land uses, and enhanced environmental qualities will all contribute to create a desirable, livable community in the face of dramatic population and employment growth. 5. New mixed-use zoning districts, alcmc, with existing residential zoning districts in established areas, are appropriate for the Re~oional Center. B. Design principles. Design standards for public street improvements and for new development and renovation projects have been prepared for the Washington Square Regional Center. These design standards address several important guiding principals adopted for the Washington Square Regional Center, including creating a high-quality mixed use area, providing a convenient pedestrian and bikeway system, and utilizing streetscape to create a high quality image for the area. C. Development conformance. All new developments, including remodeling and renovation projects resulting in new non single family residential uses, are expected to contribute to the character and tVashington Square Regional Center Design Standards 18.630-1 Code Update: 04102 quality of the area. In addition to meeting the design standards described below and other development standards required by the Development and Building Codes, developments will be required to dedicate and improve public streets, connect to public facilities such as sanitary sewer, water and storm drainage, and participate in funding future transportation and public improvement projects necessary within the Washington Square Regional Center. D. Permitted and Conditional Uses. Permitted and Conditional uses are those uses pennitted outright, with restrictions, or conditionally within the INIUC, MUE I, MUE 2, MUR I or MUR2 zones pursuant to Section 18.520.030. E. Conflicting standards. The following design standards apply to all development located within the Washington Square Regional Center within the MUC, MUE and MUR zones. If a standard found in this section conflicts with another standard in the Development Code, standards in this section shall govern. 18.630.020 Development Standards A. Compliance Required. All development must comply with: I. All applicable development standards contained in the underlying zoning district, except where the applicant has obtained variances or adjustments in accordance with Chapters 18.370, and Sub- Sections C through E of this Section; 2. All other applicable standards and requirements contained in this title. B. Development Standards. Development standards which apply within mixed-use zones in the Washington Square Regional Center are contained in Table 18.520.2. Existing developments which do not meet the standards specified for a particular district may continue in existence and be altered subject to the provisions of Section 18.630.030. C. Phasing of Development Standards. Projects may use the Site Development Review process (Chapter 18.360) to develop a site by phasing compliance with the development standards established in this Chapter. Such projects must demonstrate how future development of the site, to the minimum development standards established in this Chapter or greater, can be achieved at ultimate build out of the site. The Planning Director may waive or modify the approval period (Section 18.360.030.0) and phased development time schedule (Section 18.360.030.E.1) for projects approved under this section. If a time period greater than that specified in Section 18.360.030.C is necessary, it must be requested at the time of original application with a detailed time line for completion. D. Density Requirements for Developments Includin_, or Abutting Riparian Setback Notwithstanding the density requirements in Table 18.520.2, the maximum residential density and mixed-use and non- residential floor area ratio for developments that include or abut Riparian Setbacks shall be no greater than 110 percent of the minimum residential density and floor area ratios in all Mixed Use Zones, except when the following are met: 1. Wetlands within the development are expanded or enhanced in conformance with the Oregon Division of State Lands Wetlands Restoration and Enhancement Program, and if applicable; 2. Fish Habitat within the development is enhanced in conformance with the Oregon Division of State Lands Fish Habitat Enhancement Program, and if applicable; Washington Square Regional Center Design Standards 18.630-2 Code Update: 04102 3. The overall flood storage capacity of the 100-year floodplain within the development is increased by 10 percent. If the enhancements described above are approved, or if enhancements are already in existence, the maximum residential density standards shown in Table 18.520 and no maximum floor area ratio standards for mixed use and non-residential developments shall apply. E. Adjustments to Density Requirements in the Washington Square Regional Center. The density requirements shown in Table 18.520.2 Are designed to implement the goals and policies of the Comprehensive Plan. These requirements apply throughout the Washington Square Regional Center zoning districts, but the City recognizes that some sites are difficult to develop or redevelop in compliance with these requirements. The adjustment process provides a mechanism by which the minimum density requirements may be reduced by up to twenty-five percent (25%) of the original requirement if the proposed development continues to meet the intended purpose of the requirement and findings are made that all approval criteria are met. Adjustment reviews provide flexibility for unusual situations and allow for alternative ways to meet the purpose of the code. 1. Approval criteria. Adjustment requests will be approved if the review body finds that the applicant has shown that approval criteria a through d below, are met: a. Granting the adjustment will equally or better meet the purpose of the regulation to be modified; b. Tile proposal will be consistent with the desired character of the area; c. If more than one adjustment is being requested, the cumulative effect of the adjustments results in a project which is still consistent with the overall purpose of the zone; d. Any impacts resulting from the adjustment are mitigated to the maximum extent possible. 2. Procedure. Requests for an adjustment are processed as a Type 1 application, along with the development proposal for which the application has been filed. 3. Ineligible regulations. Adjustments are prohibited for the following items: a. To allow a primary or accessory use that is not allowed by the regulations: b_ As an exception to any restrictions on uses or development which contain the words "prohibited" or "not allowed"; c. As an exception to a qualifying situation for a regulation, such as zones allowed or items being limited to new development; d. As an exception to a definition or classification; e. As an exception to the procedural steps of a procedure or to change assigned procedures. Washington Square Regional Center Design Standards 18.630-3 Code Update: 04102 F. Modifications to Dimensional and Minimum Density Requirements for Developments That Include or Abut Designated Water Resources Overlay District Riparian Setbacks. Notwithstanding the dimensional and minimum density requirements in Table 18.520.2, the minimum and maximum dimensional requirements and the minimum residential density and mixed-use and non-residential floor area ratio for developments that include or abut Riparian Setbacks shall be subject to modification when modification is necessary to assure that environmental impacts are minimized. Modification review's provide flexibility for unusual situations and allow for alternative ways to meet the purpose of the code, while assuring potential environmental impacts are minimized. 1. Approval criteria. Modification requests will be approved if the review body finds that the applicant has shown that approval criteria a through d below, are met a. Evidence is provided that the modification(s) are necessary in order to secure approval under any of the following applicable regulations: Federal Endangered Species Act, National Pollutant Discharge Elimination System Permit, Section 404 or 401 of the Federal Clean Water Act, and Oregon Removal-Fill Law; b. The proposal will be consistent with the desired character of the area as specified in the Plan;- c. If more than one modification is being requested, the cumulative effect of the modifications results in a project that is still consistent with the overall purpose of the zone; d. The modification(s) proposed are the minimum required to grant the applicable permit(s) listed in criteria a- 2. Procedure. Requests for a modification are processed as a Type Il procedure along with the development proposal for which the application has been filed. 3. Eligible regulations. Modifications are only available for the dimensional requirements and minimum density requirements shown on Table 18.520.2 and do not circumvent or supercede any local, regional, state or federal requirements in regards to natural resources- 18.630.030 Pre-Existing Uses and Developments within the Washington Square Regional Center Mixed Use Districts A. Applicability. Pre-existing housings units in mixed use districts are permitted. Conversion of pre- existing housing units to other uses is subject to the requirements of this Chapter. Notwithstanding the provisions of Section 18.760.040, uses prohibited and structures that would be nonconforming in any of the Re-ional Center Mixed Use zoning districts that were lawfully in existence at the time of adoption of the Regional Center Mixed Use districts are considered to be approved uses and structures. However, future additions, expansions, or enlargements to such uses or structures, shall be limited to the property area and use lawfully in existence at the time of adoption of this ordinance, February 22, 2002. I. An addition, expansion, or enlargement of such lawfully preexisting uses and structures up to twenty (20%) of the gross floor area lawfully in existence at the time of adoption of this ordinance will be allowed provided the applicant of such proposed addition, expansion or enlargement demonstrates substantial compliance with all appropriate development standards in this code, or that the applicant demonstrates that the purposes of applicable development standards are addressed to the extent that the proposed addition, expansion or enlargement allows. l ashington Square Regional Center Design Standards 18.630-4 Code Update: 04102 l 2. All additions, expansions. or enlargements of existing uses or structures that take place after using the 20 percent addition, expansion, or enlargement exception shall be in conformance with the development standards of this code. Projects may use the site development review process (Chapter 18.360) to develop a site by phasing compliance with the development standards established in this chapter per Section 18.630.020.0. 3. If a pre-existing use is destroyed by fire, earthquake or other act of God, then the use will retain its pre-existin- status under this provision so long as it is substantially reestablished within three (3) years of the date of the loss. The reestablished use shall be in conformance with the development standards of this code. Projects may use the site development review process (Chapter 18.360) to develop a site by phasing compliance with the development standards established in this chapter per Section 18.630.020.0. 18.630.040 Street Connectivity A. Purpose. The standards provide a way for creating continuity and connectivity within the Washington Square Regional Center (WSRC). They provide incremental street and accessway development that is consistent with WSRC needs and regional and state planning principles for connectivity. The primary objective is to create a balanced, connected transportation system that distributes trips within the WSRC on a variety of streets. B_ Demonstration of standards. All development must demonstrate how one of the following standard options will be net. Variance of these standards may be approved per the requirements of Section 18.370.010 where topography, barriers such as railroads or. freeways, or environmental constraints such as major streams and rivers prevent street extensions and connections. 1. Design Option. a. Local street spacing shall provide public street connections at intervals of no more than 530 feet. b. Bike and pedestrian connections on public easements or right-of-way shall be provided at intervals of no more that 330 feet. 2. Performance Option. a. Local street spacing shall occur at intervals of no less than eight street intersections per mile. b. The shortest vehicle trip over public streets from a major building entrance to a collector or greater facility is no more than twice the straight-line distance. c. The shortest pedestrian trip on public right-of-way from a major building_entrancc to a collector or greater facility is no more than one and one-half the straight-line distance. 18.630.050 Site Design Standards A. Compliance. All development must meet the following site design standards. If a parcel is one acre or larger a phased development plan may be approved demonstrating how these standards for the overall parcel can be met. Variance to these standards may be granted if the criteria found in Section 18.370.010.0.2, governing criteria for granting a variance, is satisfied. Washington Square Regional Center Design Standards 18.630-5 Code Update: 04102 I. Building placement on Major and Minor Arterials. a. Purpose. Architecture helps define the character and quality ofa street and can make a strong statement about the overall community and city at large. The placement and design of buildings provides the framework for the streetscape and del-Ines the edges of the public right-of-way. Architecture and ground floor uses can activate the street, either by its design presence or by those who come and go from it. At intersections, investing in building frontages can create gateways and special places that add to the character of the area. b. Standard. Buildings shall occupy a minimum of 50% of all street frontages along major and minor arterial streets. Buildings shall be located at public street intersections on major and minor arterial streets. 2. Building setback. a. Purpose. Buildings and investment in architecture is most conspicuous when it is visible from the street. The presence of buildings closely sited at the edge of the right-of-way creates an envelope for the street and a sense of permanence. b. Standard. The minimum and maximum building setback froth public street rights-of-way shall be in accordance with Table 18.520.2. 3. Front yard setback design. a. Purpose. The front yard is the most conspicuous face of a building and requires special attention. Places for people and pedestrian movernent helps create an active and safer street. Higher level of landscape anticipates a more immediate visual result. b. Standard. For setbacks greater than 0 feet, landscaping, an arcade, or a hard-surfaced expansion of the pedestrian path must be provided between a structure and a public street or accessway. If a building abuts more than one street, the required improvements shall be provided on all streets. Landscaping shall be developed to an L-I standard on public streets and an L-2 standard on accessways. Hard-surfaced areas shall be constructed with scored concrete or modular paving materials. Benches and. other street furnishings are encouraged. These areas shall contribute to the minimum landscaping requirement per Section 18.520.040.13 and Table 18.520.2. 4. Walkway connection to building entrances. a. Purpose. As density increases and employee and resident populations increase, it is expected that more people will move between businesse's within the WSRC. Provisions should be made to encourage people to walk from business to business, and housing to business rather than use automobiles. b. Standard. A walkway connection is required between a building's entrance and a public street or accessway. This walkway must be at least six feet wide and be paved with scored concrete or modular paving materials. Building entrances at a corner adjacent to a public street intersection are required. These areas shall contribute to the minimum landscaping requirement per Section 18.520.040.6 and Table 18.520.2. Washington Square Regional Center Design Standards 18.630-6 Code Update: 04102 5. Parking location and landscape design. a. Purpose. The emphasis on pedestrian access and a high quality streetscape experience requires that private parking lots that abut public streets should not be the predominant street feature. Where parking does abut public streets, high quality landscaping should screen parking from adjacent pedestrian areas. b. Standard. Parking for buildings or phases adjacent to public street rights-of-way must be located to the side or rear of newly constricted buildings. When buildings or phases are adjacent to more than one public street, primary street(s) shall be identified by the City where this requirement applies. In general, streets with higher functional classification will be identified as primary streets unless specific design or access factors favor another street. If located on the side, parking is limited to 50`:o of the primary street frontage and must be behind a landscaped area constructed to an L-I landscape standard. The minimum depth of the L-I landscaped area is five feet or is equal to the building setback, whichever is greater. Interior side and rear yards shall be landscaped to a L-2 landscape standard, except where a side yard abuts a public street, where it shall be landscaped to an L-I landscape standard. 18.630.060 Building Design Standards A. All new buildings constructed in the MUC, MUE and MUR zones within the WSRC shall comply with the following design standards. Variance to these standards may be granted if the criteria found in Section 18.370,010.C.2, criteria for granting a variance, is satisfied. 1. Ground floor windows. a. Purpose. Blank walls along the street frontage tend to be neglected, and are not pedestrian friendly. Windows help keep "eyes on the street" which promotes safety and security, and can help create a lively street frontage by displaying activities and products within the building. Lighting at night from ground floor windows also adds to the presence of activity and the sense that someone is home. b. Standard. All street-facing elevations within the Building Setback (0 to 10 feet) along public streets shall include a minimum of 50% of the ground floor wall area with windows, display areas or doorway openings. The ground floor wall area shall be measured from three feet above grade to nine feet above grade the entire width of the street-facing elevation. The ground floor window requirement shall be met within the ground floor wall area and for glass doorway openings to ground level. Up to 50% of the ground floor window requirement may be met on an adjoining elevation as lone as the entire requirement is located at a building corner. 2. Building facades. a. Purpose. Straight, continuous. unarticulated walls lack interest, character and personality. The standard provides minimum criteria for creating a diverse and interesting streetscape. b. Standard. Facades that face a public street shall extend no more than 50 feet without providing at least one of the following features: (1) a variation in building materials; (2) a building off-set of at least 1 foot; (3) a wall area that is entirely separated from other wall areas by a projection, such as an arcade; or (4) by another design features that reflect the Washington Square Regional Center Design Standards 18.630-7 Code Update: 04102 building's Structural system. No building facade shall extend for more than 300 feet without a pedestrian connection between or through the building. 3. Weather protection. a. Purpose. Weather protection is encouraged to create a better year-round pedestrian environment and to provide incentive for people to walk rather than drive. b. Standard. Weather protection for pedestrians, such as awnings, canopies, and arcades, shall be provided at building entrances. Weather protection is encouraged along building frontages abutting a public sidewalk or a hard-surfaced expansion of' a sidewalk, and along building frontages between a building entrance and a public street or accessway. 4. Building Materials. a. Purpose. High quality construction and building materials suggest a level of permanence and stature appropriate to a Regional Center. b. Standard. Plain concrete block, plain concrete, comigated metal, plywood, sheet press board or vinyl siding may not be used as exterior finish materials. Foundation material may be plain concrete or plain concrete block where the foundation material is not revealed for more than 2 feet. S_ Roofs and roof lines. a. Purpose. Roof line systems that blur the line between the roof and the walls of buildings should be avoided. This standard simply states that roofing materials should be used on the roof and that wall finish materials should be use on building walls. The premise is that future buildings in the WSRC should have a look of permanence and quality- b. Standard. Except in the case of a building entrance feature. roofs shall be designed as an extension of the primary materials used for the building and should respect the building's structural system and architectural style. False fronts and false roofs are not pennitted. 6. Roof-mounted equipment. a. Purpose. Roof top equipment, if not screened properly, can detract from views of adjacent properties. Also roofs and roof mounted equipment can be the predominant view where buildings are down slope from public streets. b. Standard. All roof-mounted equipment must be screened from view from adjacent public streets. Satellite dishes and other communication equipment must be set back or positioned on a roof so that exposure from adjacent public streets is minimized. Solar heating panels are exempt from this standard. 18.630.070 Signs A. Sign standards. In addition to the requirements of Chapter 18.780 of the Development Code the following standards shall be met: Washington Square Regional Center Design Standards 18.630-8 Code Update: 04102 I. Zoning district regulations. Residential only developments within the MUC. MUE and MUR zones shall meet the sign requirements for the R-40 zone, Section 18.780.130.13; non-residential developments within the MUC zone shall meet the sign requirements for the commercial zones, Section 18.780.130.C; non-residential development within the MUE zone shall meet the sign requirements of the C-P zone, Section 18.780.130.D and non-residential development within the MUR zones shall meet the sign requirements of the C-N zone, Section 18.780.130.E. 2. Sign area limits. The maximum sign area limits found in Section 18.780.130 shall not be exceeded. No area limit increases will be permitted. 3. Height limits. The maximum height limit for all signs except wall signs shall be 10 feet. Wall signs shall not extend above the roofline of the wall on which the sign is located. No height increases will be permitted. 4. Sign location. Freestanding signs within the Washington Square Regional Center shall not be permitted within required L-1 landscape areas. 18.630.080 Entrv Portals A. Required locations. (Reserved) 18.630.090 Landscaping and Screening A. Applicable levels. Two levels of landscaping and screening standards are applicable. The locations were the landscaping or screening is required and the depth of the landscaping or screening are defined in other sub-sections of this section. These standards are minimum requirements. Higher standards may be substituted as long as all height limitations are met. 1. L-I Low Screen. For general landscaping of landscaped and screened areas within parking lots and along local collectors and local streets, planting standards of Chapter 18.745 Landscaping and Screening, shall apply. In addition the L-I standard applies to setbacks on major and minor arterials, and where parking lots abut public streets. Where the setback is a minimum of 5 feet between the parking lot and a street, trees shall be planted at 3'/: inch caliper, at a maximum of 28 feet on center. Shrubs shall be of a variety that will provide a 3 foot high screen and a 90% opacity within one year. Groundcover plants must fully cover the remainder of landscape area within two years. L-2 General Landscaping. For general landscaping of landscaped and screened areas within parking lots, and along local collectors and local streets, planting standards of Chapter 18.745, Landscaping and Screening, shall apply. In addition, trees shall be provided at a minimum 2'/Z inch caliper, at a maximum spacing of 28 feet. Shrubs shall be of a size and quality to achieve the required landscaping or screening effect within two years. 18.630.100 Street and Accessway Standards A. Functional Classifications and Street Sections. The Recommended Roadway Functional Classification Map and Street Cross Sections in the Washington Square Regional Center Plan shall govern the improvement and construction of major streets within the Washington Square Regional Center. M'ashinglon Square Regional Center Design Standards 18.630-9 Code Update: 04102 } I 18.630.110 Design Evaluation The provisions of Section 18.620.090, Design Evaluation, apply within the Washington Square Regional Center.■ Washington Square Regional Center Design Standards 18.630-10 Code Update: 04102 18.700: SPECIFIC DEVELOPNIENT STANDARDS LEGISLATIVE NOTES This section contains all of the chapters from the existing code which have contain development standards for specific uses or activities above and beyond those required for uses in the underlying district zoning district. Theses are arranged in alphabetical order to facilitate use. There are two -eneric changes reflected throughout the chapters in this section: • List of detailed requirements for site plans and related submission requirements have been removed from the text of the code to be replaced by hand-outs available from the planning staff. There are nearly 20 places in the current code where these requirements appear. The planning staff argues that this information is often duplicative, takes up a substantial amount of space and requires a legislative text change for even minor modifications- To protect applicants from the establishment of arbitrary submission requirements. the Director is not permitted to modify the hand-outs summarizing submission requirements more than once a year: see Section 18390. • All detailed information about permits and other land use actions have been consolidated in 18.300, Land Use Decisions. This includes information about generic process types ([-IV) contained in Chapter 18.390, and information about specific conditions of approval and related information in Chapters 18.320 - 18.385. This information is cross-referenced in the Chapters in 18.700. A typical cross-reference reads as follows: "The permit for the removal of a tree shall be processed by means of a Type I procedure, as governed by Chapter 18.390 [Decision-making Procedures], using approval criteria contained in Section 18.385.060 [Miscellaneous Permits]." (Section 18.790.050A) Other than these generic changes, several of these chapters are virtually the same as the text in the existing code, as it has been detenmined that the current regulations are adequate. They have merely been re-formatted and appropriately edited for grammar and readability. These chapters include: • 18.705: Access. Egress and Circulation (existing 18.108) • 18.725: Environmental Performance Standards (existing 18.90) • 18.740: Historic Overlay (existing 18.82) • 18.742 Home Occupations (existing 18.142) • 18.750: Manufactured/Mobile Home Regulations (existing 18.94) • 18.755: Mixed Solid Waste and Recyclable Storage (existing 18.1 16) • 18.775: Sensitive Lands (existing 18.84) • 18.780: Signs (existing 18.1 14) • 18.785: Temporary Uses (existing 18.140) • 18.790: Tree Removal (existing 18.150) • 18.795: Visual Clearance Areas (existing 18.102) Several existing chapters have been moderately to significantly altered. A brief explanation of these changes is summarized below: • 18.715: Density Computations (existing 18.92): Fonnula to calculate minimum density in residential zones has been added to Section 18.715.020; Reference to residential density transition (I 8.92.020C) eliminated because this concept, which requires gradual tapering of densities on higher-density residentially-zoned parcels in "developing' areas which abut lower-density residentially-zoned parcels in "established" areas, Legislative .Notes: Specific Development Standards 18.700-1 11126198 1 I I. Satisfactory legal evidence shall be presented in the form of deeds, easements. leases or contracts to establish the joint use; and 2. Copies of the deeds, easements, leases or contracts are placed on permanent file with the city. D. Public street access. All vehicular access and egress as required in Sections 18.705.0301-1 and 18.705.0301 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. E. Curb cuts. Curb cuts shall be in accordance with Section 18.810.030N. F. Required walkway location. On-site pedestrian walkways shall comply with the following standards: I . 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 industrial complexes. Unless impractical, walkways shall be constructed between new and existing developments and neighboring developments-, 2. Within all attached housing (except two-family dwellings) and multi-family developments, each residential dwelling shall be connected by walkway to the vehicular parking area, and common open space and recreation facilities; 3. Wherever required walkways cross vehicle access driveways or parking lots, such crossings shall be designed and located for pedestrian safety. Required walkways shall be physically separated from motor vehicle traffic and parking by either a minimum 6- inch vertical separation (curbed) or a minimum 3-foot horizontal separation, except that pedestrian crossings of traffic aisles are permitted for distances no greater than 36 feet if appropriate landscaping, pavement markings, or contrasting pavement materials are used. Walkways shall be a minimum of four feet in width, exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle racks, and sign posts, and shall be in compliance with ADA standards; 4. Required walkways shall be paved with hard surfaced materials such as concrete. asphalt, stone, brick, etc. Walkways may be required to be lighted andior signed as needed for safety purposes. Soft-surfaced public use pathways may be provided only if such pathways are provided in addition to required pathways. G. Inadequate or hazardous access. I. Applications for building permits shall be referred to the Commission for review when, in the opinion of the Director, the access proposed: a. Would cause or increase existing hazardous traffic conditions; or b. Would provide inadequate access for emergency vehicles; or Access, Egress, and Circulation 18.705-2 Code Update:10102 1 C. WOUld in any other way cause hazardous conditions to exist which would constitute a clear and present danger to the public health, safety, and general welfare. 2. Direct individual access to arterial or collector streets from single-family dwellings and duplex lots shall be discouraged. Direct access to collector or arterial streets shall be considered only if there is no practical alternative way to access the site. Ifdirect access is permitted by the City, the applicant will be required to mitigate for any safety or neighborhood traffic management (NTM) impacts deemed applicable by the City Engineer. This may include, but will not be limited to, the construction of a vehicle turnaround on the site to eliminate the need for a vehicle to back out onto the roadway. 3. In no case shall the design of the service drive or drives require or facilitate the backward movement or other maneuvering of a vehicle within a street, other than an alley. Single-family and duplex dwellings are exempt from this requirement. H. Access Management I. 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 (depending on jurisdiction of facility.) 2. 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. 3. 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. 4. The minimum spacing of local streets along a local street shall be 125 feet. 1. Minimum access requirements for residential use. I . Vehicular access and egress for single-family, duplex or attached single-family dwelling units on individual lots and multi-family residential uses shall not be less than as provided in Table 18.705.1 and Table 18.705.2; Access, Egress, and Circulation 18.705-3 Code Update:10102 j ) 1. Vehicle access, egress and circulation for commercial and industrial use shall not be less than 21 as provided in Table 18.705.3; TABLE 18.705.3 VEHICULAR ACCESS/EGRESS REQUIREMENTS: CONINIERC1AL AND INDUSTRIAL USES Required Parking Minimum Number of Minimum Access Minimum Pavement Spaces Driveways Required Width 0-99 1 30' 24' curbs required 100+ 2 30' 24' curbs required or 1 50' 40' curbs required Access, Egress, and Circulation 18.705-5 Code Update:10102 Chapter 18.745 LANDSCAPING AND SCREENING Sections: 18.745.010 Purpose 18.745.020 Applicability 18.745.030 General Provisions 18.745.040 Street Trees 18.745.050 Buffering and Screening 18.745.060 Re-vegetation 18.745.010 Purpose A. Purpose. The purpose of this chapter is to establish standards for landscaping, buffering, and screening of land use within Tigard in order to enhance the aesthetic environmental quality of the City: 1. By protecting existing street trees and requiring the planting of street trees in new developments; 2. By using plant materials as a unifying element; 3. By using planting materials to define spaces and articulate the uses of specific areas; and 4. By using trees and other landscaping materials to mitigate the effects of the sun, wind, noise and lack of privacy by the provision of buffering and screening. 18.745.020 Applicabilih A. Applicability. The provisions of this chapter shall apply to all development including the construction of new structures, remodeling of existing structures where the landscaping is nonconforming (Section 18.760.040.C), and to a change of use which results in the need for increased on-site parking or loading requirements or which changes the access requirements. B. When site development review does not apply. Where the provisions of Chapter 18.360. Site Development Review, do not apply, the Director shall approve, approve with conditions, or deny a plan submitted under the provisions of this chapter by means of a Type 1 procedure, as governed by Section 18.390.030, using the applicable standards in this chapter. C. Site plan requirements. The applicant shall submit a site plan. The Director shall provide the applicant with detailed information about this submission requirement. 18.745.030 General Provisions A. Obligation to maintain. Unless otherwise provided by the lease agreement, the owner, tenant and his agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping and screening which shall be maintained in good condition so as to present a healthy, neat and orderly appearance, shall be replaced or repaired as necessary, and shall be kept free from refuse and debris. B. Pruning required. All plant growth in landscaped areas of developments shall be controlled by pruning, trimming or otherwise so that: Landscaping and Screening 18.745-1 Code Updale: 10102 I . It will not interfere with the maintenance or repair of any public utility: 2. It will not restrict pedestrian or vehicular access; and 3. It will not constitute a traffic hazard because of.reduced visibility. C. Installation requirements. The installation of all landscaping shall be as follows: 1. All landscaping shall be installed according to accepted planting procedures; 2. 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 any 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. E. Protection of existing vegetation. Existing vegetation on a site shall be protected as much as possible: I . 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 individual trees). F. Care of landscaping along public rights-of-way. Appropriate methods for the care and maintenance of street trees and landscaping materials shall be provided by the owner of the property abutting the rights-of-way unless otherwise required for emergency conditions and the safety of the general public. G. Conditions of approval of existing vegetation. The review procedures and standards for required landscaping and screening shall be specified in the conditions of approval during development review and in no instance shall be less than that required for conventional development. Ff. Height restrictions abutting public rights-of-way. No trees, shrubs or plantings more than 18 inches in height shall be planted in the public right-of-way abutting roadways having no established curb and gutter. 18.745.040 Street Trees A. Protection of existing vegetation. All development projects fronting on a public street, private street or a private driveway more than 100 feet in len-th approved after the adoption of this title shall be required to plant street trees in accordance with the standards in Section 18.745.040.C. P. 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. Landscaping and Screening 18.745-2 Code Update: 10102 C. Size and spacing of street trees. I . 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 Section 18.745.040.C.2 below; 2. The specific spacing of street trees by size of tree shall be as follows: a. Small or 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 18.745.040.11, 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 utility pole 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 shall not be planted within two feet from the face of the curb; and 1. Trees shall not be planted within two feet of any permanent hard surface paving or walkway: (1) Space between the tree and the hard surface may be covered by a 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. Landscaping and Screening 18.745-3 Code Update_ 10102 1 } D. Pruning requirements. Trees, as they grow, shall be pruned to provide at least eight feet of clearance above sidewalks and 13 feet above local street, 15 feet above collector street, and 18 feet above arterial street roadway surfaces. E- Cut and fill around existin t~ rees. Existing trees may be used as street trees if no cutting or filling takes place within the drip-line of the tree unless an adjustment is approved by the Director by means of a Type I procedure, as governed by Section 18.390.030, using approval criteria in Section 18.370.020.C.4.a. F. Replacement of street trees. Existing street trees removed by development projects or other construction shall be replaced by the developer with those types of trees approved by the .Director. The replacement trees shall be of a size and species similar to the trees that are being removed unless lesser sized alternatives are approved by the Director- G. Granting of adjustments. Adjustments to the street tree requirements may be granted by the Director by means of a Type I procedure, as regulated in Section 18.390.030, using approval criteria in Section 18.370.020.C.4.b. H. Location of trees near signalized intersections. The Director may allow trees closer to specified intersections which are signalized, provided the provisions of Chapter 18.795, Visual Clearance. are satisfied. 18.745.050 Buffering and Screening A. General provisions. L It is the intent that these requirements shall provide for privacy and protection and reduce or eliminate the adverse impacts of visual or noise pollution at a development site, without unduly interfering with the view from neighboring properties or jeopardizing the safety of pedestrians and vehicles-, 2. Buffering and screening is required to reduce the impacts on adjacent uses which are of a different type in accordance with the matrices in this chapter (Tables 18.745.1 and 18.745.2). The owner of each proposed development is responsible for the installation and effective maintenance of buffering and screening. When different uses would be abutting one another except for separation by a right-of-way, buffering, but not screening, shall be required as specified in the matrix; 3. In lieu of these standards, a detailed buffer area landscaping and screening plan may be submitted for the Director's approval as an alternative to the buffer area landscaping and screening standards, provided it affords the same degree of buttering and screening as required by this code. B. Buffering and screening requirements. I. A buffer consists of an area within a required setback adjacent to a property line and having a depth equal to the amount specified in the buffering and screening matrix and containing a length equal to the length of the property line of the abutting use or uses; 2. A buffer area may only be occupied by utilities. screening, sidewalks and bikeways, and landscaping. No buildings, accessways or parking areas shall be allowed in a buffer area except where an accessway has been approved by the City; Landscaping and Screening 18.745-4 Code Update: 10102 3. A fence, hedge or wall, or any combination of such elements, which are located in any yard is subject to the conditions and requirements of Sections 18.745.050.B.8 and 18.745.050.D1- 4. The minimum improvements within a buffer area shall consist of combinations for landscaping and screening as specified in Table 18.745.1. In addition, improvements shall meet the following specifications: a. At least one row of trees shall be planted. They shall have a minimum caliper of two inches at four feet in height above grade for deciduous trees and a minimum height of five feet high for evergreen trees at the time of planting. Spacing for trees shall be as follows: (I ) Small or narrow-stature trees, under 25 feet tall or less than 16 feet wide at maturity shall be spaced no further than 15 feet apart; (2) Medium-sized trees between 25 feet to 40 feet tall and with 16 feet to 35 feet wide branching at maturity shall be spaced no greater than 30 feet apart; (3) Large trees, over 40 feet tall and with more than 35 feet wide branching at maturity, shall be spaced no greater than 30 feet apart. b. In addition, at least 10 five-gallon shrubs or 20 one-gallon shrubs shall be planted for each 1,000 square feet of required buffer area; c. The retraining area shall be planted in lawn or other living ground cover. 5. Where screening is required the following standards shall apply in addition to those required for buffering: a. A hedge of narrow or broad leaf evergreen shrubs shall be planted' which will form a four- foot continuous screen of the height specified in Table 18.745.2 within two years of planting; or b. An earthen berm planted with evergreen plant materials shall be provided which will form a continuous screen of the height specified in Table 18.745.2 within two years. The unplanted portion of the berm shall be planted in lawn or other living ground cover; or c. A fence or wall of the height specified in fable 18.745.2 shall be constructed to provide a continuous sight obscuring screen. 6. Buffering and screening provisions shall be superseded by the vision clearance requirements as set forth in Chapter 18.795; 7. When the use to be screened is downhill from the adjoining zone or use, the prescribed heights of required fences, walls, or landscape screening shall be measured from the actual grade of the adjoining property. In this case. fences and walls may exceed the permitted six foot height at the discretion of the director as a condition of approval. When the grades are so steep so as to make the installation of walls, fences or landscaping to the required height impractical, a detailed landscape/screening plan shall be submitted for approval; Landscaping and Screening 18.745-5 Code Update: 10102 1 ) 8. Fences and walls a. Fences and walls shall be constructed of any materials commonly used in the construction of fences and walls such as wood, stone, rock or brick, or otherwise acceptable by the Director; b. Such fence or wall construction shall be in compliance with other City regulations; c. Walls shall be a minimum of six inches thick; and d. Chain link fences with slats shall qualify for screening. However, chain link fences without slats shall require the planting of a continuous evergreen hedge to be considered screening. 9. Fledges a. An evergreen liedge or other dense evergreen landscaping may satisfy a requirement for a sight-obscuring fence where required subject to the height requirement in Sections 18.745.050.C.2.a and 18.745.050.C.2.b; b. Such hedge or other dense landscaping shall be properly maintained and shall be replaced with another hedge, other dense evergreen landscaping, or a fence when it ceases to serve the purpose of obscuring view; and c. No hedge shall be grown or maintained at a height greater than that permitted by these regulations for a fence or wall in a vision clearance area as set forth in Chapter 18.795. C_ Setbacks for fences or walls. I. No fence or wall shall be constructed which exceeds the standards in Section 18.745.050.C.2 except when the approval authority, as a condition of approval, allows that a fence or wall be constructed to a height greater than otherwise permitted to mitigate against potential adverse effects; 2. Fences or walls: a. May not exceed three feet in height in a required front yard along local streets or eight feet in all other locations and, in all other cases, shall meet vision clearance area requirements in Chapter 18.795; b. Are permitted up to six feel in height in front yards adjacent to any designated arterial or collector street. For any fence over three feet in height in the required front yard area, permission shall be subject to administrative review of the location of the fence or wall. 3. All fences or walls shall meet vision clearance area requirements in Chapter 18.795; 4. All fences or walls greater. than six feet in height shall be subject to building permit approval. D. Height restrictions. 1. The prescribed heights of required fences, walls or landscaping shall be measured from the actual adjoining level of finished grade, except that where parking, loading, storage or similar areas are Landscaping and Screening 18.745-6 Code Update: 10102 located above finished grade, the height of fences, walls or landscaping required to screen such areas or space shall be measured fi-om the level of such improvements; 2. An earthen berm and fence or wall combination shall not exceed the six-foot height limitation for screening. E. Screening: special provisions. 1. Screening and landscaping of parking and loading areas: a. Screening of parking and loading areas is required. The specifications for this screening are as follows: (I) Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. These design features may include the use of landscaped berms, decorative walls and raised planters; (2) Landscape planters may be used to define or screen the appearance of off-street parking areas from the public right-of-way; (3) Materials to be installed should achieve a balance between low lying and vertical shrubbery and trees; (4) Trees shall be planted in landscaped islands in all parking areas, and shall be equally distributed and on the basis of one tree for each seven parking spaces in order to provide a canopy effect; and (5) The minimum dimension of the landscape islands shall be three feet and the landscaping shall be protected from vehicular damage by some form of wheel guard or curb. 2. Screening of service facilities. Except for one-family and two-family dwellings, any refuse container or disposal area and service facilities such as gas meters and air conditioners which would otherwise be visible from a public street, customer or resident parking area, any public facility or any residential area shall be screened from view by placement of a solid wood fence or masonry wall between five and eight feet in height. All refuse materials shall be contained within the screened area; 3_ Screening of swimming pools. All swimming pools shall be enclosed as required by City of Tigard Building Code; 4. Screenin- of refuse containers. Except for one- and two-family dwellings, any refuse container or refuse collection area which would be visible from a public street, parking lot, residential or commercial area, or any public facility such as a school or park shall be screened or enclosed from view by placement of a solid wood fence. masonry wall or evergreen hedge. All refuse shall be contained within the screened area. F. Buffer Matrix. 1. The Buffer Matrices contained in Tables 18.745.1 and 18.745.2 shall be used in calculating widths of buffering/screening and required improvements to be installed between proposed uses and abutting uses or zoning districts; Landscaping and Screening 18.745-7 Code Update: 10102 1 2. An application for a variance to the standards required in Tables 18.745.1 and 18.745.2, shall be processed as a Type 11 procedure, as regulated by Section 18.390.040, using approval criteria in Section 18.370.010. (Ord. 02-33) 18.745.060 Re-vegetation A. When re-vegetation is required. Where natural vegetation has been removed through grading in areas not affected by the landscaping requirements and that are not to be occupied by structures, such areas are to be replanted as set forth in this section to prevent erosion after construction activities are completed. B. Preparation for re-vegetation. Topsoil removed from the surface in preparation for grading and construction is to be stored on or near the sites and protected from erosion while grading operations are underway; and 1. Such storage may not be located where it would cause suffocation of root systems of trees intended to be preserved; and 2_ After completion of such grading, the topsoil is to be restored to exposed cut and fill embankments or building pads to provide a suitable base for seeding and planting. C. Methods of re-vegetation. 1. Acceptable methods of re-vegetation include hydro-mulching or the planting of rye grass, barley, or other seed with equivalent germination rates, and: a. Where lawn or turf grass is to be established, lawn grass seed or other appropriate landscape cover is to be sown at not less than four pounds to each 1,000 square feet of land area; b. Other re-vegetation methods offering equivalent protection may be approved by the approval authority; c. Plant materials are to be watered at intervals sufficient to ensure survival and growth; and d. The use of native plant materials is encouraged to reduce irrigation and maintenance demands.■ Landscaping and Screening 18.745-8 Code Update: 10102 TABLE. 18.745.1 BUFFER MATRIX PROPOSED USE Single Units, Attached Single Attached Mobile Commercial Neighborhood Mixed Light Heavy Parkim: Lot; Detached; Units and Single Units Home Zones (CC, Commercial Use Industrial Industrial 4.50 511- Manut'actured Multifamil)-, and Parks CG, CP, 'Lune (C'N) Employ- zones zones spaces spaces Units 1.5 Units; Multifamily. CB D) ment (IP. IL) (IH) EXISTING/ABUTTING USE DtiIexes 5* Units Detached Single Units; Manufactured Units A C C U C C 1i F C 1) Amiched Single Units and Multifamily. A 13 C D C C G F C D 1.5 Units, Duplexes Attached Single Units and Multifamily. A A C D C C E F C D 5, Units Mobile Hume Parks A A B D C C L F C D Commercial Zones (CC. C'(i, CT, CBD) C C C' C A A D 1) Neighborhood Commercial Zone (CN) C C C C 4 A 1) 1) Mixed Use Finployment Zone (MUI:) C C C C' A A l) 1) Light Industrial ZuncS (11', IL) D D U D A A A D Heavy Industrial Zone (IH) D D U U D 1) 1) D Parkins; Luis C C C C Arterial Sheets A A A A A D Note: See -fable 18.745.2 for alternative combination: for meeting these screening requirements. Landscaping and Screening 18.745-9 SF. Update: 07/01 Ir TABLE 18.745.2 BUFFER COMBINATIONS FOR LANDSCAPING AND SCREENING III Options Width Trees Shrubs or Screening (feet) (per linear feet of buffer) Groundcover A 10 Lawn/ living roundcover B 10 20' mini30' max spacing Lawn! living groundcover 1 10 Shrubs 4' hedges C 2 8 15' min,130' max spacing Shrubs 5' fence 3 6 Shrubs 6' wall 1 20 Shrubs 6' hedge D 2 1 i 10' min/20' max spacing Shrubs 6' fence 3 10 Shrubs 6' wall l 30 10' min/20' max spacing Shrubs 6' hedge or fence E 2 25 Shrubs 5' earthen berm or wall F 40 10' mitt/20' max spacing Shrubs 6' hedge, fence, wall or berm [ I ) Buffers are not required between abutting uses that are of a di fterent type when (fie uses are separated by a street as specified in Section 18.745.050 A2. [21 Adjustments from these requirements can be obtained: see Section 19.370.020 C4. Landscaping and Screening 1&705-10 SE Update: 07/01 1 ' TABLE 18.745.2 [SUFFER COMBINATIONS FOR LANDSCAPING AND SCREENING 121 Lawn IGN"J (nnu~droJu^ ~ ~6 C /O ~ Trash ~ /n~ Gca cr ~ ID '(rat, 'r r, ~ -(rwy 5fdl,- y t« cI ~e' ylnl~ y+ hl.a.ls ~freey '(un O/ ~(rcrn~~ "(rte4 ~ w' Dc2~ E- s_~ ~e a• D o r '(ieu, ~(rcea, 'J Tirc,~S 'Sa' ~ y' 7•._7p ~ ss• '~rUy "f✓~.✓h '~fUls I~atlv.^ ~ 3 L. Testa ~ v~~d~' ~ ~ie✓r•t h~+ru+{n r-~ bHruky , ~s' yl,r.loy ~ M• ~ TO' Landscaping and Screening 18.745-11 SE Updale: 0 7/01 l ) Chapter 18.765 OFF-STREET PARKING AND LOADING REQUIREMENTS Sections: 18.765.010 Purpose 18.765.020 Applicability of Provisions 18.765.030 General Provisions 18.765.040 General Design Standards 18.765.050 Bicycle Parking Design Standards 18.765.060 Parking Structure Design Standards 18.765.070 ilinimum and Maximum Off-Street Parking Requirements 18.765.080 Off-Street Loading Requirements 18.765.010 Purpose A. Insure adequate vehicle parking These parking requirements are intended to provide sufficient vehicle parking in close proximity to the various uses for residents, customers and employees, and to establish standards which will maintain the traffic carrying-capacity of nearby streets. B. Adequate capacity. These regulations are also intended to establish vehicle parking areas which have adequate capacity and which are appropriately located and designed to minimize any hazardous conditions on the site and at access points. 18.765.020 Applicability of Provisions A_ New construction. At the time of the erection of a new structure within any zoning district, off- street vehicle parking will be provided in accordance with Section 18.765.070. B. Expansion of existing use. At the time of an enlargement of a structure which increases the on-site vehicle parking requirements, off-street vehicle parking will be provided in accordance with Section 18.765.070 subject to the following: I. On the date of adoption of this title, the number of vehicle parking and loading spaces required shall be based only on floor area or capacity of such enlargement; 2. If the mininwm vehicle parking spaces required for the enlargement added to the existing on- site space exceed the maximum number of vehicle parking spaces allowed for the whole project per the maximum parking ratios established in 18.765.070. the applicant may reduce the additional number of spaces provided so that the total spaces on the site do not exceed the maximum spaces allowed. C. Change of use. When an existing structure is changed from one use to another use as listed in Section 18.765.070. the Iollowing provisions shall apply: 1. If the parking requirements for each use are the same, no additional vehicle parking shall be required: 2. Where a change results in an intensification of use in terms of the number of vehicle parking spaces required, additional vehicle parking spaces shall be provided in an amount equal to the Off-Street Parking and Loading Requirements 18.765-1 SE Update: 4105 difference between the number of spaces required for the existing use and the number of spaces required for the more intensive use; 3. Where the change results in a decrease in intensity of use, the applicant may eliminate excess vehicle parking spaces in an amount equal to the difference between the number of spaces required for the existing use and the number of spaces required for the less intensive use. D. When site desi-n review is not required. Where the provisions of Chapter 18.360, Site Development Review, do not apply, the Director shall approve, approve with conditions, or deny a plan submitted under the provisions of this chapter by means of a Type I review, as governed by Section 18.390.030. E. Building pennit conditions. The provision and maintenance of off-street vehicle parking and loading spaces are the continuing obligation of the property owner: 1. No building or other permit shall be issued until plans are presented to the Director to show that property is and will remain available for exclusive use as off-street vehicle parking and loading space; and 2. The subsequent use of property for which the building permit is issued shall be conditional upon the unqualified continuance and availability of the amount of vehicle parking and loading space required by this title; 3. Required vehicle parking shall: a. Be available for the parking of operable passenger vehicles of residents, patron and employees only; b. Not be used for storage of vehicles or materials or for the parking of trucks used in conduct of the business or use; and c. Not be rented. leased or assigned to any other person or organization. 18.765.030 General Provisions A. Vehicle parking plan requirements. No building or other permit shall be issued until scaled plans are presented and approved as provided by this chapter that show how access, egress and circulation requirements are to be fulfilled. The applicant shall submit a site plan. The Director shall provide the applicant with detailed information about this submission requirement. B. Location of vehicle parking The location of off-street parking will be as follows: I. Off-street parking spaces for single-family and duplex dwellings and single-family attached dwellings shall be located on the same lot with the dwelling(s); 2. Off-street parking lots for uses not listed above shall be located not further than 500 feet from . the property line that they are required to serve, measured along the most direct, publicly accessible pedestrian route from the property line with the following exceptions: Off-Street Parking and Loading Requirements 18.765-2 SE Updale: 4105 1 a. Commercial and industrial uses which require more than 40 parking spaces may provide for the spaces in excess of the required first 40 spaces up to a distance of 500 feet from the primary site; b. The 40 parking spaces which remain on the primary site must be available for users in the following order of priority: I) Disabled-accessible spaces; 2) Short-term spaces; 31 Long-term preferential carpool and vanpool spaces, 4) Long-tern spaces. C. Joint parking. Owners of two or more uses, structures or parcels of land may agree to utilize jointly the same parking and loading spaces when the peak hours of operation do not overlay, subject to the following: 1. The size of the joint parking facility shall be at least as large as the number of vehicle parking spaces required by the larger(est) use per Section 18.765.070; 2. Satisfactory legal evidence shall be presented to the Director in the form of deeds, leases or contracts to establish the joint use; 3. If a joint use arrangement is subsequently terminated, or if the uses change, the requirements of this title thereafter apply to each separately. D. Parking in mixed-use projects. In mixed-use projects, the required minimum vehicle parking shall be determined using the following formula. I. Primary use, i.e., that with the largest proportion of total floor area within the development, at I001,'o of the minimum vehicle parking required for that use in Section 18.765.060,- 2. Secondary use, i.e., that with the second largest percentage of total floor area within the development, at 90% of the vehicle parking required for that use in Section 18.765.060; 3. Subsequent use or uses, at 80%, of the vehicle parking required for that use(s) in Section 18.765.060; 4. The maximum parking allowance shall be 150% of the total minimum parking as calculated in D. IA. above. E. Visitor parking in multi-family residential developments. Multi-dwelling units with more than 10 required parking spaces shall provide an additional 15% of vehicle parking spaces above the minimum required for the use of guests of residents of the complex. These spaces shall be centrally located or distributed throughout the development. Required bicycle parking facilities shall also be centrally located within or evenly distributed throughout the development. F. Preferential long-tent carpool/vanpoolJparking . Parking lots providing in excess of 20 long-term parking spaces shall provide preferential long-term cat-pool and vanpool parking for employees, Off-Street Parking and Loading Requirements 18.765-3 SE Update: 4105 students and other regular visitors to the site. At least Y b of total long-term parking spaces shall be reserved for carpool./vanpool use. Preferential parking for carpooIsivanpools shall be closer to the main entrances of the building than any other employee or student parking except parking spaces designated for use by the disabled. Preferential carpool/vanpool spaces shall be full-sized per requirements in Section 18.765.040.N and shall be clearly designated for use only by carpools and vanpools between 7:00 AM and 5:30 PM Monday through Friday. G. Disable L.... ssible parking_ All parking areas shall be provided with the required number of parking spaces for disabled persons as specified by the State of Oregon Uniform Building Code and federal standards. Such parking spaces shall be sized, signed and marked as required by these regulations. H. DEO indirect source construction permit All parking lots containing 250 spaces or parking structures containing two or more levels shall require review by the Oregon Department of Environmental Quality (DEQ) to: 1. Acquire an Indirect Source Construction Penmit; 2. Investigate the feasibility of installing oil and grease separators- (Ord. 02-13) 18.765.040 General Design Standards A. Maintenance of parking areas. All parking lots shall be kept clean and in good repair at all times. Breaks in paved surfaces shall be repaired promptly and broken or splintered wheel stops shall be replaced so that their function will not be impaired. B_ Access drives. With regard to access to public streets from off-street parking: I. Access drives from the street to off-street parking or loading areas shall be designed and constructed to facilitate the flow of traffic and provide maximum safety for pedestrian and vehicular traffic on the site: 2. The number and size of access drives shall be in accordance with the requirements of Chapter, 18.705, Access, Egress and Circulation; 3. Access drives shall be clearly and permanently marked and defined through use of rails, fences, walls or other barriers or markers on frontage not occupied by service drives, 4. Access drives shall have a minimum vision clearance in accordance with Chapter 19.795, Visual Clearance: 5. Access drives shall be improved with an asphalt or concrete surface: and 6. Excluding single-family and duplex residences, except as provided by Subsection I9.910.030P. groups of two or more parking spaces shall be served by a service drive so that no backing movements or other maneuvering within a street or other public right-of-way will be required. C. Load in</unloading driveways. A driveway designed for continuous forward now of passenger vehicles for the purpose of loading and unloading passengers shall be located on the site of any school or other meeting place which is designed to accommodate more than 25 people at one time. Off-Street Parking and Loading Requirements 18.765-4 SE Update: 4105 D. On-site vehicle stacking for drive-in use. 1. All uses providing drive-in services as defined by this title shall provide on the same site a stacking lane for inbound vehicles as noted in Table 18.765.1. TABLE 18.765.1 STACKING LANE REQUIREMENTS FOR USES WITH DRIVE-IN N1'INDONN'S Use Reservoir Requirement Drive-in banks 150 feet,-'service terminal Automated teller 50 feet 'service terminal machines Drive-up telephones 50 feet Drive-in cleaners, repair services 50 feet Drive-in restaurants 200 feet Drive-in theaters 200 feet Gasoline service 75 feet between curb cut and nearest pump Mechanical car washes 75 feet/washing unit Parking facilities: . - Free flow entry 25 feet/entry driveway - Ticket dispense entry 50 feet/entry driveway - Manual ticket dispensing 100 feet/entry driveway - Attendant parking 100 feet 2. The Director may reduce the length of the inbound stacking lane by means of a adjustment' to be reviewed through a Type I procedure, as governed by Section 18.320.300, using approval criteria contained in Section 18.370.020.C.5.g. 3. Stacking lanes must be designed so that they do not interfere with parking and vehicle, pedestrian and bicycle circulation. Stacking lanes for the purpose of selling food must provide at least one clearly marked parking space per service window for the use of vehicles waiting for an order to be filled. E. Curb cuts. Curb cuts shall be in accordance with Section 18.810.030.N. F. Pedestrian access. Pedestrian access through parking lots shall be provided in accordance with Section 18.705.030.F. Where a parking area or other vehicle area has a drop-off grade separation, the property owner shall install a wall, railing, or other barrier which will prevent a slow-moving vehicle or driverless vehicle from escaping such area and which will prevent pedestrians from walking over drop-off edges. G. Parking lot landscaping. Parking lots shall be landscaped in accordance with the requirements of Chapter 18.745. Off-Street Parking and Loading Requirements 18.765-5 SF_ Update: 4105 1.1. Parking space surfacing. I . Except for single-family and duplex residences, and for temporary uses or fleet storage areas as authorized in I $.765.040.1-1.3 and 4 below, all areas used for the parking or storage or. maneuvering of any vehicle, boat or trailer shall be improved with asphalt or concrete surfaces; 2. Off-street parking spaces for single and two-family residences shall be improved with an asphalt or concrete surface; 3. Parking areas to be used primarily for the storage of fleet vehicles or construction equipment may be surfaced in gravel when authorized by the approval authority at the time the site development approval is riven. The Director may require that the property owner enter into an agreement to pave the parking area: a) within a specified period of time after establishment of the parking area; or b) if there is a change in the types or weights of vehicles utilizing the parking area; or c) if there is evidence of adverse effects upon adjacent roadways, water courses, or properties. Such an agreement shall be executed as a condition of approval of the plan to establish the gravel parking area. Gravel-surfaced parking areas may only be permitted consistent with the following: a. Gravel parking areas shall not be permitted within 100 feet of any residentially-zoned or residentially-developed area; b. Gravel access and/or parking areas shall not be allowed within 100 feet of any water course; c. Gravel parking areas shall not be allowed within 100 feet of any public right-of-way; and d. A driveway which connects a gravel parking area with any public street shall be paved. 4. Parking areas to be used in conjunction with a temporary use may be surfaced in gravel when authorized by the approval authority at the time the permit is approved. The approval authority shall consider the following in determining whether or not the gravel-surfaced parking is warranted: a. The request for consideration to allow a parking area in conjunction with the temporary use shall be made in writing concurrently with the Temporary Use application per the requirements of Section 18.385.050; b. The applicant shall provide documentation that the type of temporary use requested will not be financially viable if the parking space surface area requirement is imposed; and c. Approval of the gravel-surfaced parking area will not create adverse conditions affecting safe ingress and egress when combined with other uses of the property. 1. Parking lot striping 1. Except for single-family and duplex residences, any area intended to be used to meet the off- street parking requirements as contained in this chapter shall have all parking spaces clearly marked; and Off-Street Parking and Loading Requirements 18.765-6 SF_ Update: 4105 2. All interior drives and access aisles shall be clearly marked and signed to show direction of flow and maintain vehicular and pedestrian safety. J. Wheel stops. Parking spaces along the boundaries of a parking lot or adjacent to interior landscaped areas or sidewalks shall be provided with a wheel stop at least four inches high located three feet back from the front of the parking stall. The front three feet of the parking stall may be concrete, asphalt or low lying landscape material that does not exceed the height of the wheel stop. This area cannot be calculated to meet landscaping or sidewalk requirements. K. Drainage. Off-street parking and loading areas shall be drained in accordance with specifications approved by the City Engineer to ensure that ponds do not occur except for single-lamily and duplex residences, off-street parking and loading facilities shall be drained to avoid flow of water across public sidewalks. L. Lighting. A lights providing to illuminate any public or private parking area or vehicle sales area shall be arranged to direct the light away from any adjacent residential district. M. Si ns. Signs which are placed on parking lots shall be designed and installed in accordance with Chapter 18.780, Signs. Off-Street Parking and Loading Requirements 18.765-7 SE Update: 4105 1 ) N. Space and aisle dimensions. (Figure 18.765.1) FIGURE 18.765.1 OFF-STREET SURFACE PARKING MATRIX Required Space and Aisle Dimensions in Feet ° COMPACT STANDARD A B C D E F G B C D E F G 7.50 15.5 13.0 10.61 44.0 2.0 8.5 17.5 13.0 12.0 48.0 2.0 7.75 15.5 12.0 10.96 43.0 2.0 9.0 17.5 12.0 12.7 47.2 2.0 450 7.75 15.5 11.0 10.96 42.0 2.0 9.5 17.5 11.0 13.4 46.0 2.0 8.00 15.5 11.0 11.32 42.0 2.0 10.0 17.5 11.0 14.1 46.0 2.0 7.50 17.0 18.0 8.62 48.0 2.5 8.5 19.0 18.0 9.80 56.0 2.5 7.75 17.0 16.0 9.01 46.0 2.5 9.0 19.0 16.0 10.4 54.0 2.5 600 7.75 17.0 15.0 9.01 54.0 2.5 9.5 19.0 15.0 11.0 53.0 2.5 8.00 17.0 14.0 9.20 44.0 2.5 10.0 19.0 14.0 11.6 52.0 2.5 7.50 17.5 25.5 7.73 60.5 2.5 8.5 19.5 25.5 8.80 64.0 2.5 7.75 17.5 23.0 7.99 58.0 2.5 9.0 19.5 23.0 9.30 62.0 2.5 750 7.75 17.5 22.0 7.99 57.0 2.5 9.5 19.5 210 9.80 61.0 2.5 8.00 17.5 21.0 8.25 56.0 2.5 10.0 19.5 21.0 10.3 60.0 2.5 7.50 16.5 28.0 7.50 61.0 3.0 8.5 18.5 28.0 8.50 65.0 3.0 7.75 16.5 26.0 7.75 60.0 3.0 9.0 18.5 26.0 9,00 63.0 3.0 900 7.75 16.5 25.0 7.75 59.0 3.0 9.5 18.5 25.0 9.50 62.0 3.0 8.00 16.5 24.0 8.00 58.0 3.0 10.0 18.5 24.0 10.0 61.0 3.0 Stall width dimensions may be distributed as follows: 50% standard spaces, 50% compact spaces. All compact spaces shall be labeled as such. A A Parking Angle B Stall Width 8 C Stall Depth (no bumper overhang) /4;~ D Aisle Width Between Stall Lines (5) F p E Stall Width Parallel to Aisle 1 F Module Width (no bumper overhang) N T C Bumper Overhang C G Off-Street Parking and Loading Requirements 18.765-8 SE Update: 4105 1 1. Except as modified for angled parking in Figures 18.765.1 and 18.765.2, the minimum dimensions for parking spaces are: a. 8.5* x 18.5' for a standard space; b. 7.5' x 16.5' for a compact space; and c. As required by applicable State of Oregon and federal standards for designated disabled person parking spaces; d. The width of each parking space includes a stripe which separates each space. 2. Aisles accommodating two direction traffic, or allowing access from both ends, shall be 24 feet in width; 3. Minimum standards for a standard parking stall's length and width, aisle width, and maneuvering space shall be determined as noted in Figure 18.765.2. Off-Street Parking and Loadhq Requirements 18.765-9 SE Update: 4105 FIGURE 18.765.2 PARKING STRUCTURE MA"PRIX Required Space and Aisle Dimensions in Feet COMPACT Interlock Vehicle Angle Reduction Overhang Projection Width Module Widths A B C D E F G H I J 45° 2.0 1.41 15.25 11.5 26.75 42.0 40.0 38.0 39.16 60° 1.41 1.75 16.08 13.33 29.66 46.0 44.58 43.16 42.5 75° 0.75 1.91 16.5 16.0 32.5 49.0 48.25 47.5 45.16 90° 0.0 2.0 15.5 20.0 35.5 51.0 51.0 51.0 47.0 STANDARDS Interlock Vehicle Angle Reduction Overhang Projection Width Module Widths A B C V D E F G H 1 J 45° 2.4 2.08 18.0 13.0 31.0 49.0 46.66 46.33 44.83 60° 1.66 2.58 19.5 16.0 35.5 55.0 51.33 51.66 49.16 75° 0.83 2.91 19.75 20.0 39.75 59.5 58.66 57.83 53.66 90° 0.0 3.0 18.66 24.66 43.33 62.0 62.0 62.0 56.0 A Parking angle F B Interlock reduction SL C Overhang clearance D Projected vehicle length measured perpendicular to aisle E Aisle width A F Parking module width (µ•a11 to wall), single loaded aisle G Parking module width (wall to E wall), double loaded aisle G H Parking module width (wall to H interlock), double loaded aisle I •Parking module width (interlock to 6 interlock), double loaded aisle J Parking module width (curb to curb), double loaded aisle SL Stall Length SW Stall Width WP Stall width parallel to aisle C J CUR 11 Off-Street Parking and Loaditig Requirements 18.765-10 SE Update: 4105 J 18.765.050 Bicycle Parking Design Standards A. Location and access. With regard to the location and access to bicycle parking: I. Bicycle parking areas shall be provided at locations within 50 feet of primary entrances'to structures; 2. Bicycle parking areas shall not be located within parking aisles, landscape areas or pedestrian ways; 3. Outdoor bicycle parking shall be visible from on-site buildings and/or the street. When the bicycle parking area is not visible from the street, directional signs shall be used to located the parking area; 4. Bicycle parking may be located inside a building on a floor which has an outdoor entrance open for use and floor location which does not require the bicyclist to use stairs to gain access to the space. Exceptions may be made to the latter requirement for parking on upper stories within a multi-story residential building. B. Covered parking spaces. I . When possible, bicycle parking facilities should be provided under cover. 2. Required bicycle parking for uses served by a parking structure must provide for covered bicycle parking unless the structure will be more than 100 feet from the primary entrance to the building, in which case, the uncovered bicycle parking may be provided closer to the building entrance. C. Design requirements. The following design requirements apply to the installation of bicycle racks: I. The racks required for required bicycle parking spaces shall ensure that bicycles may be securely locked to them without undue inconvenience. Provision of bicycle lockers for long- term (employee) parking is encouraged but not required; 2. Bicycle racks must be securely anchored to the ground, wall or other structure; 3. Bicycle parking spaces shall be at least 2'/Z feet by six feet long, and, when covered, with a vertical clearance of seven feet. An access aisle of at least five feet wide shall be provided and maintained beside or between each row of bicycle parking 4. Each required bicycle parking space must be accessible without moving another bicycle; 5. Required bicycle parking spaces may not be rented or leased except where required motor vehicle parking is rented or leased. At-cost or deposit fees for bicycle parking are exempt from this requirement; 6. Areas set aside for required bicycle parking must be clearly reserved for bicycle parking only. Off-Street Parking and Loading Requirements 18.765-11 SF_ Update: 4105 l 1 D. Paving. Outdoor bicycle parking facilities shall be surfaced with a hard surfaced material, i.e., pavers, asphalt, concrete or similar material. This surface must be designed to remained well- drained. E. Minimum bicycle parking requirements. The total number of- required bicycle parking spaces for each use is specified in Table 18.768.2 in Section 18.765.070.1-1. In no case shall there be less than two bicycle parking spaces. Single-family residences and duplexes are excluded from the bicycle parking requirements. The Director may reduce the number of required bicycle parking spaces by means of an adjustment to be reviewed through a Type 11 procedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.370.020.C.5.e. 18.765.060 Parking Structure Design Standards A. Ground-floor windowshvall openingL All parking structures shall provide ground floor windows or wall openings along the street frontages. Blank wails are prohibited. Any wall facing the street shall contain windows, doors or display areas equal to at least 20% of the ground floor wall area facing the street excluding those portions of the face(s) devoted to driveway entrances and exits, stairwells, elevators, and centralized payment booths. Required windows shall have a sill no more than four (4) feet above grade. Where the interior floor level prohibits such placement, the sill may be raised to allow it to be no more than two (2) feet above finished floor wall up to a maximum sill height of six (6) feet above grade. B. Exit warning, bell. A warning bell or other signal must be provided for exits from parking structures that cross public sidewalks where a standard vision clearance area cannot be provided. C. Other standards. Parking structures must comply with all standards of the Unifonm Building Code for the State of Oregon as it pertains to structural design, ventilation, lighting and fire/safety requirements and disabled accessibility. D. Parking layout and internal circulation. The layout of parking within a parking structure shall be subject to the requirements contained in Figure 18.765.2. An applicant may request approval of an alternative layout and internal circulation by means of a Type 11 adjustment, as governed in Section 18.370.010, using the approval criteria in Section I8.370.020.C.5.f. 18.765.070 Minimum and Maximum Off-Street Parking Requirements A. Parking requirements for unlisted uses. l . The Director may rule that a use, not specifically listed in Section 18.765.070.H, is a use similar to a listed use and that the same parking standards shall apply. If the applicant requests that the Director's decision be rendered in writing, it shall constitute a Director's Interpretation, as governed by Section 18.340; 2. The Director shall maintain a list of approved unlisted use parking requirements which shall have the same effect as an amendment to this chapter. B. Choice of parking requirements. When a building or use is planned or constructed in such a manner that a choice of parking requirements could be made, the use which requires the greater number of parking spaces shall govern. Off-Street Parking and Loading Requirements 18.765-12 SF_ Update: 4105 1 ) C_ Measurements. The following measurements shall be used in calculating the total minimum number of vehicle parking spaces required in Section 18.765.070:11: I . Fractions. Fractional space requirements shall be counted as a whole space; 2_ Employees. Where employees are specified for the purpose of determining the minimum vehicle parking spaces required, the employees counted are those who work on the premises during the largest shift at the peak season; 3_ Students. When students are specified for the purpose of determining the minimum vehicle parking spaces required, the students counted are those who are on the campus during the peak period of the day during a typical school tern; 4. Space. Unless otherwise specified, where square feet are specified, the area measured shall be gross floor area under the roof measured from the faces of the structure, excluding only space devoted to covered off-street parking or loading. D. Exclusions to minimum vehicle parking requirements. The following shall not be counted towards the computation of the minimum parking spaces as required in Section 18.765.070.H: 1. On-street parking. Parking spaces in the public street or alley shall not be eligible as fulfilling any part of the parking requirement except; Religious Institutions may count on-street parking around the perimeter of the use provided that the following criteria have been satisfied: a. The on-street parking is on a street that is designed and physically improved to accommodate parking within the right-of-way; b. The street where on-street parking is proposed is not located on local residential streets. 2. Fleet parking. Required vehicle parking spaces may not be used for storage of fleet vehicles, except when a use can show that employee and fleet parking spaces are used interchangeably, e.g., the employee drives the fleet vehicle from home, or the spaces are used for fleet storage only at night and are available for employee use during the day. For the purposes of this title, space exclusively devoted to the storage of fleet vehicles will be considered as outdoor storage. E. Exceptions to maximum parking standards. When calculating the maximum vehicle parking allowed as regulated by Section 18.765.080.11. the following exception shall apply: 1. The following types of parking shall not be included: a. Parking contained in a parking stricture either incorporated into a building or 1'ree- standing; b. Market-rate paid parking: c. Designated carpool and/or vanpool spaces; d. Designated disabled-accessible parking spaces; e. Fleet parking. Off-Street Parking, and Loading Requirements 18.765-13 SE Update: 4105 2. If application of the maximum parking standard would result in less than six parking spaces for a development with less than 1,000 gross square feet of floor area, the development shall be allowed up to six parking spaces. If application of the maximum parking standard would result in less than 10 vehicle parking spaces for a development between 1,000 and 2,000 gross square feet, the development will be allowed up to 10 vehicle parking spaces. F. Reductions in minimum required vehicle parking Reductions in the required number of vehicle parking spaces may be permitted as follows: I. The Director may reduce off-street vehicle parking spaces per Section 18.765.070.14 by up to 20% in new developments for the incorporation of transit-related facilities such as bus stops and pull-outs, bus shelters, transit-oriented developments and other transit-related development through a Type 11 procedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.370.020.C.5.b. Applicants who qualify for this adjustment may also apply for further parking reductions per 18.765.070.F.2. below; 2. The Director may reduce the total required off-street vehicle parking spaces per Section 18.765.070.H by up to a total of 20% by means of parking adjustment to be reviewed through a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.370.020.C.5.a. 3. The Director is authorized to reduce up to 10% of existing required parking spaces at a conversion ratio of one parking space for each 100 square feet of transit facility for developments which incorporate transit-related facilities such as bus stops and pull-outs, bus shelters, transit-oriented development or other transit-related facilities through a Type I procedure, as governed by Section 18.390.030, using approval criteria contained in Section 18.370.020.C.5.c. G. Increases in maximum required vehicle parking. The Director may increase the total maximum number of vehicle spaces allowed in Section 18.765.070.14 by means of a parking adjustment to be reviewed by means of a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in section 18.370.020.C.5.d. H. Specific requirements. (See Table 18.765.2) (Ord. 02-13) 18.765.080 Off-Street Loading Requirements A. Off-street loading spaces. Commercial, industrial and institutional buildings or structures to be built or altered which receive and distribute material or merchandise by truck shall provide and maintain off-street loading and maneuvering space as follows: 1. A minimum of one loading space is required for buildings with 10,000 gross square feet or more; 2. A minimum of two loading.spaces for buildings with 40,000 gross square feet or more. B. Off-street loading dimensions. 1. Each loading berth shall be approved by the City Engineer as to design and location; Off-Street Parking and Loading Requirements 18.765-14 SG Update: 4105 2. Each loading space shall have sufficient area for turning and maneuvering of' vehicles on the site. At a minimum. the maneuvering length shall not be less than twice the overall length of the longest vehicle using the facility site, 3. Entrances and exits for the loading areas shall be provided at locations approved by the City Engineer in accordance with Chapter 18.710; 4. Screening for off-street loading facilities is required and shall be the same as screening for parking lots in accordance with Chapter 18.745. Off-Slreel Parking and Loading Requirements 18.765-15 SE Update: 4105 Table 18.765.2 Minimum and Maximum Required Off-street Vehicle and Bicycle Parking Requirements MAXIMUM MINIMUM ZONE A ZONE B BICYCLE RESIDENTIAL Household Living Single Units, Attached See Multifamily (M) none M none M) none Single Units, Detached I.0/DU none (M) none (M) none Accessory Units I.0/DU none none none Duplexes none Multifamily Units DU<500 sq fr. 1.0/DU (M) none (M) none (M) 1.0/2 DUs except elderly, I bedroom: 1.25!DU (M) which is 1.0.120 DUs 2 bedroom: 1.5/DU (M) 3 bedroom: 1.75!DU (M) Manufactured Units I.O/DU M) none (M) none (M nune Mobile Home Parks I.0/DU (M) none (M) none (i%•1) nune Group Living I.0/room none none 1.0fi beds 1.0./2.5 beds 2.7/1,0001" none Transitional Housing 1.0/2.5 beds none none 1.0"5 beds Home Occupation none none none 110ne civic Basic Utilities none none none none Colleges 1.015 students/staff (M) 1.0/3.3 students/staff(M) 1.0/3.3 students/stiff(M) 1.0/3.0 studentsistaff' Community Recreation 2.0/ 1,000 2.5/1,000 4.0/ 1 000 0.311,000 Cultural Institutions 2.5/1,000 3.5/1,000 4.5/1,000 1.0/1,000 Dav Care Home: none none none Home: none Commercial:2.0/classroom 2.7/1,000 3.2/1,000 Commercial: 1.5;classroum Emergency Services 3A/1,000 3.511,000 4.5/1,000 0.5/1,000 Medical Centers 2.0/ 1,000' 2.7/ 1,000 3.2/ 1,000' 0.21/1,000 NA: Not Addressed To be determined by the City of Tigard based on Metro criteria. DU: Dwelling Unit 121 Required bicycle parking shall be required per the ratios below except in no case shall there be fewer than two space provided. (M): Metro Requirement I 1 Refers to 1. 000 sq. ft. of floor area, unless otherwise noted. 1af Does not include outpatient clinics or medical offices; see Medical/Dental Offices. Off Street Parking and Loading Requirements 18.765-16 SE: 4105 Table 18.765.2 Minimum and Maximum Required Off-street Vehicle and Bicycle Parking Requirements (Cont.) muml MINIMUM .ZONE A. ZONE B s=BICYCLE Postal Services 2.5/1,000 3.0/1,000 4.5/1,000 0.3/1,000 Public Support Facilities none none none none Religious Institutions 1.0/3 ' seats in main assembly 1.0/1.7 seats in main assembly 1.0/1.3 seats in main assembly 1.0/20 seats in main assembly area M) area M area M) area Schools Preschool: 5.0+1/classroom Preschool: 7.0+1.0 classroom Preschool: 10.0+1/classroom Preschool: 1.0/classroom Elementary/JR: 2.0/classroom Elementary/JR: 2.5/classroom Elementary/JR: 3.5/classroom Elementary/JR: 6.0/classroom SR: 1.015 students/staff M) SR: 1.0/3.3 students/staff M SR: 1.0/3.3 students/staff(M) SR: 6.0/classroom Social/Fraternal Clubs/Lod es 10.0/1,000 main assembly area 12.0/1,000 main assembly area 14.0/1,000 main assembly area 2.0/1,000 main assembly area COMMERCIAL Commercial Lodging 1.0/1-00111 1,2/room 1.4/room 1.0/10 rooms Eating and Drinking Fast food: 9.9/1,000 (M) 12.4/1,000 (M) 14.9/1,000 (M) All: 1.0/1,000 Establishments other: 15.311,000 (M 19.1/1,000 (M) 23.0/1,000 M Entertainment - Oriented Major Event Entertainment 1.0/3 seats or 1.0/6' bench 1.0/2.5 seats or 1.0/2 seats or 1.0/ 10 seats or 40' bench 1.015' bench 1.0/4' bench Outdoor Entertainment 4.0/1,000 (M) 4.5/1,000 5.0/1,000 0.41/1,000 Indoor Entertainment 4.3/1,000 (M) 5.4/1,000 (M) 6.5/1,000 (M) 0.5; 1,000 Theater: 1.0/3 seats M) Theater: 1.0/2.5 seats (M) Theater 1.0/2.0 seats (M) 1.0/10 seats Adult Entertainment 2.5/1,000 3.5/1,000 4.5/1,000 0.5/1,000 1.0/3 seats (M) 1.0/1.25 seats (M) 1.0/2.0 seats (NI) 1.0/20 seats General Retail Sales - Oriented 3.7/1,000 (M) 5.1/1,000 M) 6.2/15000.(M) 0.3/1,000 Personal Services 2.5/1,000 3.011,000 4.5/1,000 1.0/1,000 Bank with drive in: 4.3/1,000(M) 5.4/1,000 M 6.5/1,000 M) 1.0/1,000 Repair - Oriented 3.3!1,000 4.0/1,000 4.5/1,000 0.3/1,000 Bulk Sales 1.0/1,000 but no less than 10.0 1.3/1,000 2.0/1,000 0.311,000 Outdoor Sales 1.0/1,000 sales area 1.3/1,000 sales area 2.0/1,000 sales area 0.1/1,000 sales area Animal - Related 3.3/1,000 4.0/1,000 4.5/1,000 0.3/1,000 15'Exi:sting buildings directly abutting Main Street are not required to add additional off-street parking fir a change of use except fir entertainment uses. New buildings or existing buildings that undergo remodeling provided the original square footage of the buildings remain the same also are not required to add additional off-street parking. Entertainment uses and construction of new buildings abutting Main Street require parking according to the standards of Table 15.765.2. "'Religious Institutions may provide I space for every 4 seats on site m the main assembly area provided that they supply the city with a parking plan that demonstrates that the peak parking demand of I space for every 3 seats is met utilizing any combination of the alternatives mentioned in this chapter. Adjustments to the minimum parking of I space fur every 3 seats may be granted per applicable provisions of the code, but shall not decrease the amount of required on-site parking to less than I space for every 4 sews (unless the cumulative value of all adjustments granted results in an adjusted requirement of less than I space for every 4 seats). Off-Street Parking and Loading Requirements 18.765-17 SE: 4105 Table 18.765.2 Minimum and Maximum Required Off-street Vehicle and Bicycle Parking Requirements (Cunt.) .MAXIMUM s: - MINIMUM ZONE A ZONE B : BICYCLE i Motor Vehicle Related Motor Vehicle Sales/Rental 1.0/1,000 but no less than 4.0 1.3/1,000 but no less than 4.0 2.0/1,000 but no less than 4.0 0.2/1,000 sales area Motor Vehicle Servicing,/Re air 2.0/1,000 but no less than 4.0 2.3/1,000 but no less than 4.0 2.6/1,000 but no less than 4.0 0.2/1,000 Vehicle Fuel Sales 3.0+2.0/service bav 4.0+2.0/service bay 4.0+2.5/service bav 0.2/1,000 Office 2.7.%1,000 (M 3.4i 1,000 (M) 4.1 / 1,000 (M) 0.5! 1,000 3.9/1,000 (NI) 4.9/1,000 M) 5.9/1,000 M) 0.411,000 Self Service Storage 1.0/4 storage units 1.0/4 storage units 1.0/2 storage units 1.0/40 storage units Non-Accessorv Parkin none none none none INDUSTRIAL Industrial Services 0.8/1,000 1.2/1,000 1.8/1,000 0.1/1,000 Manufacturing and Production Light Industrial 1.6/1,000 (M) none none 0.1/1,000 General Industrial 1.6/1,000 (M) none none 0.1/1,000 Heavv Industrial 1.6/1,000 M none none 0.1/1,000 Railroad Yards none none i none none Research and Development 2.0/1,000 3.0/1,000 3.8/1,000 0.511,000 NVarehouse/Freight Movement <I50,000 sq ft: 0.511,000 0.8/1,000 1.2; 1,000 0.1/1,000 >I50,000 sc ft: 0.3111,000 (M) 0.411,000 (VI) 0. 511,000 (M Waste-Related 5.0 7.0 10.0 none Wholesale Sales 0.S; I ,000 1.2/1,000 1.8! 1,000 6.1/1,000 Off-Street Parking and Loading Requirements 18.765-18 SE: 4105 Table 18.765.2 Minimum and Maximum Required Off-street Vehicle and Bicycle Parking Requirements (Cont.) MAXIMUM[ MINIMUM ZONE A ZONE B BICYCLE OTHER Agriculture/Horticulture 2.5/1,000 sales area but no less none none none than 4.0 Cemeteries Exempt Exempt Exempt none Detention Facilities 1.0/2.5 beds none none 1.0/2.5 beds Heliports none none none none Mining X5.0 none none none Wireless Communication none none none none Facilities Rail Lines/Utility Corridors none none none none (Ord. 02-13) O.f Street Parking and Loading Requirements 18.765-19 SE: 4105 Chapter 18.780 SIGNS Sections: 18.780.010 Purpose 18.780.012 Effective Date of this Chapter 18.780.015 Definitions 18.780.020 Permits Required 18.780.030 Permit Approval Process 18.780.040 Expiration of Approval: Standards for Extension of Time 18.780.050 Inspections 18.780.060 Permit Exemptions 18.780.070 Certain Signs Prohibited 18.780.080 Sign Illumination 18.780.085 Sign Measurement 18.780.090 Special Condition Signs 18.780.100 Temporary Signs 18.780.110 Nonconforming Signs 18.780.120 Sign Removal Provisions: Nonconforming and Abandoned Signs 18.780.130 "Zoning District Regulations 18.780.140 Sign Code Adjustments 18.780.010 Purpose A. General purposes. The purposes of this chapter are: 1. To protect the health, safety, property and welfare of the public; 2. To promote the neat, clean, orderly and attractive appearance of the community; 3. To accommodate the need of sign users while avoiding nuisances to nearby properties; 4. To insure for safe construction, location, erection and maintenance of signs; 5. To prevent proliferation of signs and sign clutter; and 6. To minimize distractions for motorists on public highways and streets. 7. To regulate solely on the basis of time, place and manner of a sign, not on its content. B. Sign quality. In addition, it is the purpose of this chapter to regulate the desi-n, quality of materials, construction, location, electrification, illumination and maintenance of all signs visible from public property or from public rights-of-way. C. Compliance with other laws and re7ulations. It is not the purpose of this chapter to permit the erection or maintenance of any sign at any place or in any manner unlawful under any other ordinance. or state or federal law. (Ord. 04-03) Signs 18.780-1 Code Updale:09106 1 ~ 18.780.012 Effective Date of this Chapter A. Effective date. All references made in this chapter to the effective date of this chapter shall mean November 9, 1983, unless otherwise specifically stated in an ordinance revision. 18.780.015 Definitions A. Definitions- As used in this title, unless the context requires otherwise. the following words and phrases shall have the meanings set forth in this chapter. The definitions to be used in this chapter are in addition to Chapter 18.110, Definitions, and are as follows: I . " W-frame sign" means any double face temporary rigid sign: 2. "Abandoned sign" means a structure not containing a sign for 90 continuous days or a sign not in use for 90 continuous days; 3. "Area" - see Section 18.780.085 for definition of sign area, 4. "Awning sign" means a wall sign incorporated into or attached to an awning; 5. "Balloon" - see "Temporary sign"; 6. "Banner" - see "Temporary sign"; 7. "Bench sign" means a bench designed to seat people which carries a written or graphic message; 8. "Billboard" means a freestanding sign in excess of the maximum size allowed, with adjustments, in the locations where it is located or proposed to be located. 9. "Building official" means officer or designee of the City empowered to enforce the Uniform Building Code; 10. "Business" means all of the activities carried on by the same legal entity on the same premises and includes charitable, fraternal, religious, educational or social organizations. "Legal entity" includes, but is not limited to, individual proprietorships, partnerships, corporations, nonprofit corporations, associations or joint stock companies; IL "Construct" means every type of display in the form of letters, figures, characters and/or representations; 12. "Cultural institution auxiliary sign" means a sign placed and maintained by, or on behalf of, a subordinate commercial use in a Cultural Institution. 13. "Cutout" means every type of display in the form of letters, figures, characters and/or representations in cutout or irregular form attached to or superimposed upon a sign; 14. "Development review" means the site development review process set forth in Chapter 18.360; 15. "Directional sign" means a pennanent sign which is designed and erected solely for the purpose of traffic or pedestrian direction and placed on the property to which the public is directed; Suns 18.780-2 Code Update:09106 16. "Display surface" means the area made available by the sign stricture fbr the purpose of displaying the advertising or identification message: 17. "Electrical sign" means any sign utilizing electrical wiring; 18. "Electronic information sign" means signs, displays, devices or portions thereof with lighted messages that change at intermittent intervals, each lasting more than two seconds, by electronic process or remote control. Electronic information signs are not identified as rotating, revolving or moving signs. Also known as an automatic changeable copy sign or electronic variable message center; 19. "Entryway sign" means a sign placed by the City at an entry to the City. 20. "Face of a building" means all windows and wall areas of a building in one or more parallel planes, 21_ "Flashing sign" means any sign which is illuminated by an intermittent or sequential flashing light source whose interval is two seconds or less in duration, or which is in any other way animated so as to create the illusion of movement without actual physical movement or the illusion of a flashing or intem~ittent light or light source; 22. "Flush pitched roof sign" means a sign attached to a mansard or similar type of vertically aligned roof, 23_ "Freestanding sign" means a sign erected and mounted on a freestanding frame, mast or pole and not attached to any building; 24. "Freeway interchange" means any intersection of an exit off-ramp of Interstate Highway 5 or State Highway 217 with a surface street, 25. "Freeway-oriented sign" means a sign primarily designed to be read by a motorist traveling on a highway designated by the Oregon State Highway Department as a freeway or expressway; specifically, these shall be Interstate 5 and Oregon State Highway #217, and shall not include Highway 99W; 26. "Frontage" means the length of the property line of any one premises along a public roadway; 27. "Housing complex" means a grouping of one or more single-family attached residential units or one or more multi-family residential units; 28. "Immediate or serious danger" means: a. Whenever any portion of the structure is damaged by fire, earthquake, wind, flood or other causes, and any member or appurtenance is likely to fail, become detached or dislodged, or to collapse and thereby injure persons or damage property; b. Whenever any portion of the structure is not of sufficient strength or stability or is not so anchored, attached or fastened in place as to be capable of resisting a wind pressure of one- half of that specified in the Uniform Building Code for this type stricture or similar structure, and will not exceed the working stresses permitted in the Uniform Building Code for such structures; and Signs 18.780-3 Code Update:09106 t c. Whenever the location of the sign structure obstructs the view of motorists traveling on the public streets or private property, and thus causes damage to property or thereby injures persons. 29. "Industrial Park" means a parcel of land which complies with the requirements set forth in Chapter 18.530; 30. "Lawn sign" - see "Temporary sign",- 3 1. "Lighting methods" means: a. Direct - exposed lighting or neon tubes on the sign face; b. Flashing - lights which blink on and off randomly or in sequence; c. Indirect or External - the light source is separate from the sign face or cabinet and is directed so as to shine on the sign; and d. Internal - the light source is concealed within the sign. 32. "Maintenance" means nonnal care needed to keep a sign functional such as cleaning, oiling, changing and repair of light bulbs and sign faces. Does not include structural alteration; 33. "Nonconfonning sign" means a sign or sign structure lawfully erected and properly maintained that would not be allowed under the sign regulations presently applicable to the site; 34. "Non-structural trim" means the moldings, battens, caps, nailing strips and latticing, letters and walkways which are attached to a sign structure; 35. "Painted wall decorations" means displays painted directly on a wall, designed and intended as a decorative or ornamental feature. Decorations may also include lighting, 36. "Painted wall highlights" means painted areas which highlight a building's architectural or structural features; 37. "Painted wall sign" means a sign applied to a building wall with paint and which has no sign structure; 38. ''Person" means. individuals, corporations, associations, firms. partnerships and joint stock companies; 39. "Premises" means one or more lots on which are constructed or on which are to be constructed a building or a group of buildings designed as a unit; 40. "Projecting sign" means a sign attached to a building other than a wall sign in which the sign face is not parallel to the wall. Such sign shall not project above the wall of the building to which it is attached, except where there is an existing parapet; 41. "Projection" means the distance by which a projecting sign extends from a building; Signs 18.780-4 Code Update:09/06 i 42. "Reader-board sign" means any sign with changeable copy or a message, except electronic information signs: 43. "Roof line" means the top edge of a roof or building parapet, whichever is higher, excluding any cupolas, chimneys or other minor projections; 44. "Roof sign" means a sign erected fully upon or directly above a roof line or parapet of a building or structure. Exceptions: include approved temporary balloons, signs attached to existing architectural features and flush mounted "roof' signs; 45. "Rotating, revolving or nuiving sign" means any sign, or portion of a sign, which moves in any manner; 46. "Shopping center" means developments of not less than eight business units: 47. "Shopping plaza" means developments of between two and seven business units; 48. "Sign" means materials placed or constructed primarily to convey a message or other display and which can be viewed from a right-of-way, another property or from the air; 49. "Sign structure" means any structure which supports or is capable of supporting any sign as described in the Uniform Building Code. A sign structure may be a single pole and may or may not be an integral part of a building; 50. "Structural alteration" means modification of the size, shape or height of a sign structure. Also includes replacement of sign structure materials with other than comparable materials, for example metal parts replacing wood parts; 51. "Surface street" means a street which does not have limited access and which is not a freeway or expressway; 52. "Temporary sign" means any sign, banner, lawn sign or balloon which is not permanently erected or permanently affixed to any sign structure. sign tower, the ground or a building: a. Balloon - an inflatable, stationary temporary sign anchored by some means to a structure or the ground. Includes simple children's balloons, hot and cold air balloons, blimps and other dirigibles; b. Banner - a sign made of fabric or other nonrigid material with no enclosing framework; c. Lawn Sign - temporary signs placed on private property supported by one stick, post, rod, or A-frame in or on the ground. A lawn sign in residential zones is exempt from sign permit requirements provided the size requirements in Subsection 18.780.060 can be met. A lawn sign in commercial or industrial zones is subject to temporary permit requirements as provided for in Subsection 18.780.100. 53. "Tenant Sign" means a sign placed in control of a current tenant or property owner; 54. "Uniform Building Code" means the most recent structural and specialty Oregon Uniforms Building Code as adopted by the Oregon Department of Commerce, and which Uniform Building Code, by this reference, is incorporated in this title to the extent of specific citations thereof in this title; Sighs 18.780-5 Code Update:09106 i 55. ''Nall Sign" means any sign attached to, painted on, or erected against the wall of a building or structure with the exposed face of the sign in a plane parallel to the plane of the wall. B. General rule. For the purpose of this chapter, words used in the present tense include the future, the singular number includes the plural, "shall" is mandatory and not Directory, and "building" includes "structures" except "sign structures." (Ord. 06-13. Ord. 06-09, Ord. 04-03, Ord. 04-02) 18.780.020 Permits Required A. Compliance kvith regulations. No sign or sign structure shall hereafter be erected, re-erected, constructed, structurally altered or relocated within the City limits except as provided by this title, and a permit for the same sign or sign structure has been issued by the Director. B. Separate permits for each sign. A separate permit shall be required for each sign or signs for each business entity and a separate permit shall be required for each group of signs on a single supporting structure. C. Compliance with UBC. Separate structural permits under the Uniform Building Code shall also apply. D. Electrical permit required. An electrical permit shall be obtained for all illuminated signs, from the enforcing agency subject to the provisions of the State Electrical Code. E. Retroactive sign permits. The Director may require application for sign pennifs for all signage at a given address if no existing permits previously had been approved or documented. 18.780.030 Permit Approval Process A. Permits for existing signs. Pen-nits for modification of existing signs, or to legalize signs for which a permit was not obtained when it was constructed, will be processed by means of a Type I procedure, as governed by Section 18.390.030, using the requirements of this chapter as approval criteria. B. Permits for new signs. Permits for new signs will be processed by means of a Type I procedure, as governed by Section 18.390.030, using the requirements of this chapter as approval criteria. C. Site plan. The applicant shall submit a proposed sign site plan. The Director shall provide the applicant with detailed information about this submission requirement. 18.780.040 Expiration of Approval: Standards for Extension of Time A. Expiration of approval. Sign permit approval shall be effective for a period of 90 days from the date of approval. B. Reasons for lapsing, The sign permit approval shall lapse if: 1. Substantial construction of the approved plan has not begun within the 90 day period, or 2. Construction on the site is a departure from the approved plan. Signs 18.780-6 Code Updaie.09106 C. Extension of approval. The Director shall, upon written request by the applicant, grant an extension of the approval period not to exceed 90 days provided that: I . No changes are made on the original sign permit plan as approved; 2. The applicant can show intent of initiating construction of the sign within the 90 day extension period; and 3. There have been no changes in the applicable policies and ordinance provisions and Uniform Building Code provisions on which the approval was based. 18.780.050 Inspections A. Construction inspection. General requirements for the inspection of signs during and following construction: 1. All construction work for which a permit is required shall be subject to an inspection by the Building Official in accordance with the Uniform Building Code and this title: a. A survey of the lot or proposed location for sign erection may be required by the Building Official to verify compliance of the structure with approved plans; and b. Neither the Building Official nor the jurisdiction shall be liable for expense or other obligations entailed in the removal or replacement of any material required to allow inspection. B. Inspection requests. It shall be the duty of the person doing the work authorized by a pen-nit to notify the Building Official that such work is ready for inspection. The Building Official may require that every request for inspection be filed at least one working day before such inspection is desired. C. Required interim inspections. I. Reinforcing steel or structural framework of any part of the proposed structure shall not be covered or concealed without first obtaining approval of the Building Official; 2. Foundation inspections shall be made after all required excavations, form work and bolt settings are completed and ready to receive concrete; 3. All anchorages shall be left exposed for inspection; 4. Electrical inspection shall be made by the agency issuing electrical permits. D. Final inspections. Final inspection shall be called for by the applicant when all work is completed. This inspection shall cover all items required by the Building Official under State law or City ordinances such as the locations, landscaping if required, and general compliance with the approved plans and requirements of this title. E. Director's inspection. The Director is authorized and directed to enforce all of the provisions of this chapter: 1. All signs for which pennits are required shall be inspected by the Director; and Signs 18.780-7 Code Update:09106 2. Upon presentation of proper credentials, the Director may enter at reasonable times any building, structure, or premises in the City to perform any duty imposed upon the position by this chapter. 18.780.060 Permit Exemptions A. Exemptions from pen-nit requirements. The following signs and operations shall not require a sign permit but shall conform to all other applicable regulations of this chapter and the provisions of Subsection B below: 1. Lawn signs which do not exceed the maximum allowable area on one premise regardless of the number of signs as follows: it. A total of 24 square feet in residential zones; b. A-frame signs shall be no greater than 6 square feet per face in any residential zone.. Lawn signs shall not exceed 12 square feet per face in the R-l, R-2, R-3.5, R-4.5, and R-7 zones. Lawn signs shall be placed on private property and not within the public right-of-way nor shall such signs obstruct the clear vision area described in Chapter 18.795. A-frame signs are permitted only between the hours of 8:00 AM and 6:00 PM. 2. Signs not oriented or intended to be legible from a right-of-way, other property or fro►n the air; 3. Signs inside a building, except for strobe lights visible from a right-of-way, other property or from the air; 4. Painted wall decorations; 5_ Painted wall highlights; 6. Signs affected by stipulated judgments to which the City is a party, entered by courts of competent jurisdiction; 7. Directional signs; 8. Interior window signs; 9. Nothing in this title shall prevent the erection, location or construction of directional signs on private property when such signs are solely designed to direct pedestrians or vehicular traffic while on the parcel of real property on which the signs are located. No sign pen-nit or fee shall be required for such signs; and 10. Nothing in this title shall prevent the erection, location or construction of signs on private property where such erection, construction or location is required by any law or ordinance, nor shall any public agency or utility be prohibited from erecting signs on private property when otherwise permitted. No sign permit or fee shall be required for such signs. B. Requirements for exempted signs. All signs exempt from permit requirements under Subsection A above shall meet the following requirements: Signs 18.780-8 Code Updale:09106 1 ) I. The sign shall be erected on private property with the consent of the lawful possessor of the property and shall not be placed on utility poles or in the public right-of-way; and 2. At least one sign shall be permitted per parcel of land; additional signs on such parcel shall be spaced at least 50 feet apart in residential zoning districts and 30 feet apart in nonresidential zoning districts. C. Exceptions. The sign permit provisions of this section shall not apply to repair, maintenance or change of copy on the same sign (including, but not limited to the changing of a message on a sign specifically designed and permitted for the use of changeable copy), or unlawfully erected or maintained signs. (Ord. 04-02) 18.780.070 Certain Signs Prohibited A. Prohibited display of flags and banners. It is a violation of this chapter to erect or maintain strings of pennants, banners or streamers, festoons of lights, clusters of flags, strings of twirlers or propellers, flashing or blinking lights, flares, balloons and similar devices of carnival character. Exceptions include: 1. National, state and institutional flags properly displayed; 2. Signs and banners approved as temporary signs; and 3. Balloons as allowed in Subsection 18.780.090C. B. Unsafe signs or improperly maintained signs. No sign shall be constructed, erected or maintained unless the sign and sign structure is so constructed, erected and maintained as to be able to withstand the wind, seismic and other requirements as specified in the Uniform Building Code or this title. C. Signs at intersections. No sign shall be erected at intersections of any streets in such a manner as to materially obstruct free and clear vision. All signs shall be consistent with Chapter 18.795 of this title: I. No sign shall be erected at any location where, by reason of the position, shape or color, that interferes with, obstructs the view of, or could be confused with any authorized traffic signal or device; and 2. No sign shall be erected which makes use of the word "stop," "look," "danger," or any other similar word, phrase, symbol, or character in such manner as is reasonably likely to interfere with, mislead or confuse motorists. D. Obscenity. No sign shall bear or contain statements, words or pictures in which the dominant theme of the material, taken as a whole, appeals to the prurient interest in sex or is patently offensive because it affronts the contemporary community standard relating to the description or representation of sexual material which is utterly without redeeming social value. E. Traffic obstructing si~ No sign or sign structure shall be constructed in such a manner or at such a location that it will obstruct access to any fire escape or other means of ingress or egress from a building or any exit corridor, exit hallway or exit doorway. No sign or supporting stricture shall cover, wholly or partially, any window or doorway in any manner that it will substantially limit access to the building in case of fire. Signs 18.780-9 Code Updale:09106 F. Bare light bulbs. Strings of bare lights shall not be constructed, erected, or maintained within view of any private or public street or right-of-way except if designed as part of a structure's architectural design. This subsection shall not apply to lighting displays as described in Subsection 18.780.070.A.2. G. Roof signs. Roof signs of any kind are prohibited, including temporary signs with the sole exception of approved temporary balloons. Fl. Revolving signs. Revolving, rotating or moving signs of any kind are prohibited. I. Flashing signs. A sign which displays (lashing or intermittent or sequential light, or lights of changing degrees or intensity, with each interval in the cycle lasting two seconds or less. Exposed reflective type bulbs, strobe lights, rotary beacons, par spots, zip lights, or similar devices shall be prohibited- J. Temporary signs with illumination or changeable copy. A sign not permanently erected or affixed to any 'sign structure, sign tower or building which is an electrical or internally illuminated sign or a sign with changeable message characteristics. K_ Right-of-way. Signs in the public right-of-way in whole or in part, except signs legally erected for informational purposes by or on behalf of a government agency. L. Signs on a vehicle. Any sign placed on or painted on a motor vehicle or trailer, as defined by ORS Chapter 801, with the primary purpose of providing a sign not otherwise allowed for by this chapter- M_ Billboards. Billboards are prohibited. 18.780.080 Sign Illumination A. Surface brightness. The surface brightness of any sign shall not exceed that produced by the diffused output obtained from 800 milliampere fluorescent light sources spaced not closer than eight inches, center on center. B. No exposed incandescent lamps. Any exposed incandescent lamp which exceeds 25 watts shall not be used on the exterior surface of any sign so as to expose the face of such bulb or lamp to any public street or public right-of-way with the exception of electronic information signs. 18.780.085 Sign Measurement A. Projecting and freestanding signs. 1. The area of a freestanding or projecting sign shall include all sign faces counted in calculating its area. Regardless of the number of sign cabinets or sign faces, the total allowable area shall not be exceeded; 2. The area of the sign shall be measured as follows if the sign is composed of one or more individual cabinets or sides: a. The area around and enclosing the perimeter of each cabinet, sign face or module shall be summed and then totaled to determine total area. The perimeter of measurable area shall not Signs 18.780-10 Code Update:09106 include embellishments such as pole covers, framing and decorative roofing, provided there is no written advertising copy, symbols or logos on such embellishments; b. If the sign is composed of more than two sign cabinets, sign facia or modules, the area enclosing the entire perimeter of all cabinets and/or modules within a single, continuous geometric figure shall be the area of the sign. Pole covers and other embellishments shall not be included in the area of the sign measurement if they do not bear written advertising copy, symbols or logos; and c. The overall height of a freestanding sibn or sign structure is measured from the grade directly below the sign to the highest point of the sign or sign structure and shall include architectural and structural embellishments. B. Wall Signs. 1. The area of the sign shall be measured as follows: a. The area around and enclosing the perimeter of each cabinet, sign face or module shall be summed and then totaled to determine total area. The perimeter of measurable area shall not include embellishments such as pole covers, framing and decorative roofing, provided there is no written advertising copy, symbols or logos on such embellishments; b. If the sign is composed of individual letters or symbols using the wall as the background with or without added decoration, the total sign area shall be calculated by measuring the area within the perimeter of all symbols and letters or other decoration including logos; c. Measurement of the wall area pertaining to flush pitched "roof' signs shall be calculated as if the sign were mounted directly on the wall face immediately below the sign; and d. Measurement of the wall area pertaining to awning or canopy signs shall be calculated to include the vertical surface of the awning or canopy on which the sign is to be mounted and the wall surface of the structure to which it is attached. 18.780.090 Special Condition Signs A. Applicability. Special-condition signs shall have special or unique dimensional, locational, illumination, maximum number or other requirements imposed upon them in addition to the regulations contained in this chapter. B. Bench signs. 1. Bench signs shall only be permitted at designated transit stops in commercial, industrial and the R-12, R-25 and R-40 zones where no bus shelter exists: a. There shall be no more than one bench sign per allowable transit stop; b. Placement of the bench sign shall not interfere with pedestrian traffic or be located within a vision clearance area or a public right-of-way unless otherwise determined to be permissible by the City Engineer; Signs 18.780-11 Code Updafe:09106 c. Application for a bench sign shall include the signature of the affected property owner, proof of liability insurance and any required permits from the State Flighway Division or Washington County, where applicable; and d. The sign area shall be limited to a total of 14 square feet. C. Balloons. 1. One inflatable, stationary balloon or one cluster of children's balloons firmly secured shall be allowed only if all of the following conditions are satisfied: a. A City of Tigard sign permit is obtained for each single or cluster of balloons; b. Each owner or legal occupant of property or a building shall be allowed one balloon per year; c. A balloon sign shall be allowed to remain up for a period of no longer than 10 days per year; d. A permit issued for a balloon will serve as one of the three sign permits allowed per business in a calendar year; e_ Balloons may be permitted as roof signs with a City sign permit; f. The size of a balloon shall not exceed 25 feet in height; and g. The balloon shall be secured to a structure on the ground and shall not be allowed to float in the air higher than 25 feet above the nearest building roof line. D. Electronic message centers. 1. Electronic Message Center (variable message) sign regulations shall be as follows: a. Electronic message center signs. shall be pennitted only in the C-G and CBD zones; b. The maximum height and area of an electronic message center sign shall be that which is stipulated in Subsection I8.780.130C; c. An electronic message center shall be allowed to substitute for one freestanding sign or one wall sign; d. One electronic message center sign, either freestanding or wall-mounted; shall be allowed per premises; e. With regard to light patterns: (I ) Traveling light patterns ("chaser effect") shall be prohibited; (2) Messages and animation shall be displayed at intervals of greater than two seconds in duration. E. Free-standing freeway-oriented signs. i Signs 18.780-12 Code Updule:09106 1. For signs requiring a pen-nit under the Oregon Motorist Information Act, the City will determine pursuant to a Type I process whether the sign meets all applicable City standards and provide that detennination to any applicant for a State permit consistent with ORS 377.723. 2. Freeway-oriented signs shall be permitted only in the C-G, 1-P, I-L and 1-11 zoning districts; 3. Freeway-oriented signs shall be permitted to be located within 200 feet of Highway 217 and/or Interstate Freeway No. 5 rights-of-way as shown in the Freeway-Oriented Sign (FOS) overlay zone maps in Figure 1; (Figure I is on file in the City Recorder's office.) 4. One freestanding freeway-oriented sign shall be allowed per premises; 5. The maximum height of a free-,vay-oriented sign shall not exceed 35 feet from the ground level at its base; 6. For freestanding signs a total maximum sign area of 160 square feet per face (320 square feet total) shall be allowed; 7. Freeway-oriented signs shall be oriented to be viewed from the freeway; 8. In addition to a freeway-oriented sign, each parcel, development complex or premises shall be allowed one freestanding sign provided all other provisions of this chapter can be met and both signs are located on separate frontages with different orientations; 9. Freeway-oriented signs are not permitted as roof, tenant, temporary, balloon, wall and awning signs. F. Awning signs. 1. Awning signs shall be pennitted in all zoning districts; 2. The copy on awning signs may not extend above the upper surfaces of the awning structure. They may be hung below the awning if the sign clears the sidewalk by at least 8-1/2 feet; 3. Awning signs may be internally or externally illuminated, and 4. Awning signs may extend into the public right-of-way 6-1/2 feet or 2/3 of the distance to the roadway, whichever is less. However, no sign may extend within two feet of the roadway. State Highway Division approval shall be necessary for awning signs on state highways. G. Flush pitched "roof' sign. 1. Flush pitched roof signs shall be allowed in all zoning districts except residential; 2. The face of flush pitched roof signs may not extend more than six inches above the roof line; 3. Flush pitched roof signs shall be parallel to the building face. They may not extend beyond the building wall. Such surfaces shall be considered part of a wall surface in the calculation of total wall area; Signs 18.780-13 Code Update:09106 1 ) 4. Such signs shall be attached to a mansard or other near vertical roof where the roof angle is greater than 45 from horizontal; and 5. All Code provisions applicable to wall signs shall also be applicable to this type of sign. H. Painted Nall Signs. 1. Wall signs, including symbols or logos, which are painted directly onto the wall surface shall not exceed in gross wall area that percentage normally allowed for a wall sign in that zoning district; however, the vertical dimension of the sign cannot exceed 20 percent of the height of the wall. 1. Entryway Signs. 1. Entryway signs shall he pennitted in all districts. J. Cultural Institution Auxiliary Signs. 1. Cultural Institution Auxiliary Signs shall be permitted in all zoning districts. 2. Cultural Institution Auxiliary Signs are limited to one sign and must be either within the same sign structure as another free-standing sign on the property where the Cultural Institution is located or on a wall of the primary building of the Cultural Institution. A wall sign must be consistent in structure and materials with any existing wall sign on the Cultural Institution. The sign area of a Cultural Institution Auxiliary Sign shall not exceed four (4) square feet per face. (Ord. 06-13, Ord. 06-09, Ord. 04-03) 18.780.100 Temporary Signs A. Authorization. The Director shall be empowered to authorize temporary signs not exempted by Section 18.780.060 by means of a Type I procedure, as governed by Section 18.390, using approval criteria contained in Section 18.385. The Director shall attach such conditions to the issuance of a permit for a temporary sign as may be necessary to ensure discontinuance of the use of the sign in accordance with the terms of the authorization, and to ensure substantial compliance with the purpose of this title. B. Expiration. 1. A temporary sign permit shall terminate within 30 days from the date of issuance, and 2. No permit shall be issued for a period longer than 30 days, but a permit may be reissued by the Director for two additional permit periods of 30 days each per calendar year. C. Types and locations. Types and locations of temporary signs shall be as follows: I . The total number of temporary signs issued by permit shall not exceed one for any use at any one period of time; such signs are not permitted for single-family and duplex dwellings. Exempted lawn signs in residential zones are not governed by this provision; 2. The total area of a temporary sign shall not exceed 24 square feet and no more than 12 square feet per face; such signs are not pennitted for single-family and duplex dwellings. The permitted area Signs 18.780-14 Code Update:09106 J t for a banner shall be no more than 24 square feet per face with the total sign area not to exceed 24 square feet; 3. See Subsection 18.780.015 A.52 for the types of temporary signs which may be approved; 4. Special event banners to be hung across public right-of-ways may be permitted by the City Manager's designee; 5. A balloon as provided in Subsection 18.780.090 C. D. Location. The location of a temporary sign requiring a permit shall be as approved by the Director. Exempted lawn signs shall be placed only on private property, outside of the public right-of-way, and may not obstruct the clear vision area. E. Attachment. Temporary signs may not be permanently attached to the ground, buildings or other structures. (Ord. 04-02) 18.780.110 Nonconforming Signs A. Applicability. For the purposes of this chapter, non-conforming signs will be defined as follows: I. Except as provided in this chapter, signs in existence on March 20, 1978, in accordance with Ordinance Nos. 77-89 and 78-16, which do not conform to the provisions of this chapter, but which were constructed, erected or maintained in compliance with all previous regulations, shall be regarded as nonconforming signs which may be continued until March 20, 1988; 2. Signs in existence on January 11, 1971, which do not conforril to the provisions of this chapter, but which were constructed, erected or maintained in compliance with all previous regulations, were regarded as nonconforming signs and could be continued for a period of 10 years from January 11, 1971. All such signs which were not brought into compliance with the standards in Ordinance Nos. 77-89 and 78-16 and the extensions granted, are now in violation of this chapter; 3. Signs located on premises annexed into the City after January 11, 1971, which do not comply with the provisions of this chapter, shall be brought into compliance with this chapter within a period of ten years after the effective date of the annexation; 4. Any sign which is structurally altered, relocated or replaced shall immediately be brought into compliance with all of the provisions of this chapter, except the repairing and restoration of a sign on site or away from the site to a safe condition. Any part of a sign or sign structure for normal maintenance shall be permitted without loss of nonconforming status. B. Restrictions. For purposes of this title, a sign face or message change shall be subject to the following provisions: 1. A sign face or message change on a nonconforming sign is not allowed as an alteration when the affected property and sign structure have been abandoned for greater than 90 days; 2. A sign face or message change shall be allowed as an alteration only for existing conforming signs and for nonconforming signs prior to their amortization expiration date; and 3. No sign permit shall be required for allowable sign face or message changes. Signs 18.780-15 Code Updale:09106 } ) C. Reconstruction. Should a nonconforming sign or sign structure or nonconforninlo portion of structure be destroyed or repaired by any means to an extent of more than 50`:,('f of its replacement cost, it shall not be reconstructed except in conformity with the provisions of this title. D. Requirements for conformance. 1. Signs in existence on the effective date of this chapter which do not comply with provisions regulating flashing signs; use of par spotlights or rotating beacons; rotating and revolving signs; flags, banners, streamers, or strings of lights, or temporary or incidental signs; shall be made to conform within 90 days from the effective date of this chapter. (Ord. 04-03) 18.780.120 Sign Removal Provisions: Nonconforming and Abandoned Signs A. Conformance required. All signs erected after the effective date of this title. which are in violation of any provisions of this ordinance, shall be removed or brought into conformance upon written notice by the Director. B_ Removal- All signs which do not comply with this chapter, but were erected prior to the effective date of this ordinance, shall be removed or brought into conformance within 60 days from written notice by certified mail given by the Director- C. Enforcement- If the owner of sign, building, structure or premises fails to comply with the written order, the Director may then cite the owner into court subject to Chapter 18.230, Enforcement. The following exceptions apply: I. Section 18.780.110, Nonconforming Signs, provides for certain time limits and other conditions for certain signs as described therein; 2. Any sign that by its condition or location presents an immediate or serious danger to the public, by order of the Building Official, shall be removed or repaired within the time the Building Official may specify. In the event the owner of such sign cannot be found or refuses to comply with the order to remove, the Building Official shall then have the dangerous sign removed and the owner cited for noncompliance and recovery of any damage or expense; 3. All temporary signs shall be removed as provided in Subsection 18.780.100.6.1., or in the case of temporary balloons as provided in Subsection 18.780.090.C. I. D. Responsible party for removal. Any person who owns or leases a nonconforming or abandoned sign or sign structure shall remove such sign and sign structure when the expiration of the amortization period for the sign(s) as provided in Section 18.780.1 10 has occurred or the sign has been abandoned: I. If the person who owns or leases such sign fails to remove it as provided in this section, the Director shall give the owner of the building, structure or premises upon which such sign is located, 60 days written notice to remove it; 2. If the sign has not been removed at the expiration of the 60 days notice, the Director may remove such sign at cost to the owner of the building, structure or premises; Sighs 18.780-16 Code Update:09106 1 ) 3. Signs which are in full compliance with City sign regulations, which the successor to a person's business agrees to maintain as provided in this chapter, need not be removed in accordance with this section; and 4. Costs incurred by the City due to removal, may be made a lien against (lie land or premises on which such sign is located, after notice and hearing, and may be collected or foreclosed in the same manner as liens otherwise entered in the liens docket of the City. 18.780.130 Zoning District Regulations A. In the R-7, R-4.5. R-3.5, R-2 and R-I zones. No sign of any character shall be permitted in an R-7, R- 4.5, R-3.5, R-2 or R-I zone except the following: 1. Wall sign(s) may not exceed a combined total area of four square feet; 2. Every housing complex shall be allowed one permanent freestanding sign at each entry point to the housing complex from the public right-of-way, with the site properly landscaped, and not exceeding 32 square feet per face in area. Illumination may be approved as long as it does not create a public or private nuisance, as determined by the Director considering the purpose of the zone; 3. Every platted subdivision shall be allowed one permanent, freestanding sign at each entry point to the subdivision from the public right-of-way, with the site properly landscaped and not exceeding 32 square feet per face in area. Illumination may be approved as long as it does not create a public or private nuisance, as determined by the Director considering the purpose of the zone; 4_ For non-residential uses, one illuminated or non-illuminated freestanding sign not exceeding six feet in height and 32 square feet in area per sign face for uses approved under the site development review or conditional use process will be permitted. Wall signs may not exceed five percent of the gross area of the wall face on which the sign is mounted; 5. Directional signs on private property when such signs are solely designed to identify driveway entrances and exits for motorists on adjoining public streets will be permitted. One sign with an area of four square feet per face shall be permitted per driveway. Such signs shall be consistent with Chapter 18.795, Visual Clearance Areas; 6. The signs specified in Section 18.780.060A shall be allowed, subject to any restrictions imposed by this title; 7. Temporary Signs in accordance with Sections 18.780.090 and 18.780.100; 8. Lawn signs in accordance with Sections 18.780.060 A. I ; A.6, and B.2; 9. Special condition signs in accordance with Section 18.780.090; and 10. Additional permitted sign include awning sign(s) and painted wall sign(s). B. In the R-12, R-25 and R-40 zones. No sign shall be permitted in the R-12, R-25 or R-40 zone except for the following: Signs 18.780-17 Code Ljpdate:09106 1. Wall sign(s) may not exceed a combined total area of one square foot per dwelling unit and may not project from the wall (ace; 2. Every housing complex shall be allowed one permanent freestanding sign at each entry point to the housing complex from the public right-of-way, with the site properly landscaped and not exceeding 32 square feet in area per sign face. Illumination may be approved as long as it does not create a public or private nuisance, as determined by the Director considering the purpose of the zone; 3. Every platted subdivision shall be allowed one permanent freestandin'o sign at each entry point to the subdivision from the public right-of-way. with the site properly landscaped, and not exceeding 32 square feet in area per sign face. Illumination may be approved as long as it does not create a public or private nuisance, as determined by the Director considering the purpose of the zone; 4. For non-residential uses, one illuminated or non-illuminated freestanding sign not exceeding six feet in height and 32 square feet in area per sign face for uses approved under the site development review or conditional use process will be permitted. Wall signs may not exceed five percent of the gross area of the wall face on which the sign is mounted; 5. Directional signs on private property when such signs are solely designed to identify driveway entrances and exits for motorists on adjoining public streets will be permitted. One sign with an area of four square feet per face shall be permitted per driveway. Such signs shall be consistent with Chapter 18.795, Visual Clearance Areas; 6. The signs specified in Section 18.780.060A shall be allowed, subject to any restrictions imposed by this title; 7. Temporary Signs in accordance with Sections 18.780.090 and 18.780.100; 8. Lawn signs in accordance with Sections 18.780.060 A.1, A.6, and B.2; 9. Special condition signs in accordance with Section 18.780.090; and 10. Additional permitted sign including awning sign(s) and painted wall sign(s). C. In the C-G and CBD zones. No sign shall be permitted in the C-G and CBD zones except for the following: 1. Freestanding signs shall have certain limitations and conditions when permitted on properties in commercial zones: (a) One multi-faced, freestanding sign shall be permitted subject to conditions and limitations as stated herein; (b) A reader-board assembly may be an integral part of the freestanding sign; (c) The maximum square footage of signs shall be 70 square feet per face or a total of 140 square feet for all sign faces. No part of any freestanding sign shall extend over a property line into public right-of-way space; Signs 18.780-18 Code Update:09106 (d) The sign area may be increased one square foot for each lineal foot the sign is moved back from the front property line to which the sign is adjacent. If the street is curbed and paved, the measurement may be taken from a point which is 15 feet from the pavement. This increase in sign area is limited to a maximum of 90 square feet per face or a total of 180 square feet for all faces; and (e) Freestanding signs located next to the public right-of-way shall not exceed 20 feet in height. Height may be increased one foot in height for each 10 feet of setback from the property line or a point 15 feet from the edge of pavement, whichever is less, to a maximum of 22 feet in height. 2. Wall Signs: (a) Nall signs, including illuminated reader-boards, may be erected or maintained but shall not exceed in gross area 15 percent of any building face on which the sign is to be mounted; (b) Wall signs may not project more than 18 inches from the wall or extend above the wall to which they are attached; and ' (c) If it is determined under the development review process that the wall sign's visual appeal and overall design quality would be served, an additional 50% of the allowable sign area may be permitted. No copy will be permitted, however, in the additional area permitted. For purposes of this subsection, "copy" includes symbols, logos, and letters. 3. Directional signs on private property when such signs are solely designed to identify driveway entrances and exits for motorists on adjoining public streets. One sign with an area of four square feet per face shall be permitted per driveway. Such signs shall be consistent with Chapter 18.795, Visual Clearance Areas; 4. Electronic message centers per Subsection I8.780.090D shall be permitted; 5. The signs specified in Section 18.780.060A shall be allowed, subject to any restrictions imposed by this title; 6. Temporary Signs in accordance with Sections 18.780.090 and 18.780.100; 7. Lawn signs in accordance with Sections 18.780.060 A.1, A.6, and B.2; 8. Special condition signs in accordance with Section 18.780.090; and 9. Additional permitted sign including awning sign(s), flush pitched "roof' sign(s), freeway-oriented sign(s), tenant sign(s), projecting sign(s), and painted wall sign(s). D. In the C-P zone. No sign shall be permitted in the C-P zone except for the following: 1. Freestanding signs shall have certain limitations and conditions when permitted on properties zoned C-P including: (a) One multifaced, freestanding sign per premises shall be permitted, subject to conditions and limitations as stated herein; Signs 18.780-19 Code Update:09106 (b) A reader-board assembly may be an integral part of the freestanding sign; (c) The maximum square footage of freestanding signs shall be 32 square feet per face or a total of 64 square feet for all sign faces. No part of any freestanding sign shall extend over a property line into public right-of-way space; (d) The sign area may be increased one square foot for each lineal foot the sign is moved back from the front property line to which the sign is adjacent. If the street is curbed and paved the measurement may be taken from a point which is 15 feet from the pavement. This increase in sign area is limited to a maximum of 52 square feet per face or a total of 104 square feet for all faces; and (e) Freestanding signs located next to the public right-of-way shall not exceed eight feet in height. Height may be increased one foot in height for each 10 feet of setback from the property line or a point 15 feet from the edge of pavement whichever is less to a maximum of 10 feet in height; 2. Wall signs shall have certain limitations and conditions when permitted on properties zoned C-P including: (a) Wall signs, including illuminated reader-boards, may be erected or maintained but shall not exceed 5% in gross area of any wall face on which the sign is to be mounted; (b) Wall signs shall be parallel to the face of the building upon which the sign is located; and (c) If it is determined under the development review process that the wall sign's visual appeal and overall design quality would be served, an additional 50% of the allowable sign area may be permitted. No copy will be permitted, however, in the additional area permitted. For purposes of this subsection, "copy" includes symbols, logos and letters. 3. Directional signs on private property when such signs are solely designed to identify driveway entrances and exits for motorists on adjoining public streets. One sign with an area of four square feet per face shall be pennitted per driveway. Such signs shall be consistent with Chapter 18.795, Visual Clearance Areas; 4. Temporary Signs in accordance with Sections 18.780.090 and 18.780.100; 5. Lawn signs in accordance with Sections 18.780.060 A.1, A.6. and B.2; 6. Special condition signs in accordance with Section 18.780.090; and 7. Additional permitted sign including awning sign(s), flush pitched "roof' sign(s) and painted wall sign(s). E. In the C-N and C-C zones. No sign shall be permitted in the C-N and CBG zones except for the following: 1. Freestanding signs shall have certain limitations and conditions when permitted on properties zoned C-N or C-C: Signs 18.780-20 Code Update. 09106 1 (a) One multifaced, freestanding sign per premises shall be pennitted subject to conditions and limitations as stated herein; (b) A reader-board assembly may be an integral part of the freestanding sign; (c) The maximum square footage of freestanding signs shall be 32 square feet per face or a total of 64 square feet for all sign faces. No part of any freestanding sign shall extend over a property line into public right-of-way space; (d) The sign area may be increased one square foot for each lineal foot the sign is moved back from the front property line to which the sign is adjacent. If the street is curbed and paved the measurement may be taken from a point which is 15 feel from the pavement. This increase in sign area is limited to a maximum of 52 square feet per face or a total of 104 square feet for all faces; and (e) Freestanding signs located next to the public right-of-way shall not exceed 20 feet in height. Height may be increased one foot in height for each ten feet of setback from the property line or a point 15 feet from the edge of pavement whichever is less to a maximum of 22 feet in height; 2. Wall signs shall have certain limitations and conditions when permitted on properties zoned C-N or C-C: (a) Wall signs, including illuminated reader-boards, may be erected or maintained but shall not exceed in gross area ten percent of any building face on which the sign is to be mounted; (b) Wall signs shall be parallel to the face of the building upon which the sign is located; and (c) If it is determined under the development review process that the wall sign's visual appeal and overall design quality would be served, an additional 50 percent of he allowable sign area may be permitted. No copy will be permitted, however, in the additional area permitted. For purposes of this subsection, "copy" includes symbols, logos and letters. 3. Directional signs on private property when such signs are solely designed to identify driveway entrances and exits for motorists on adjoining public streets. One sign with an area of four square feet per face shall be permitted per driveway. Such signs shall be consistent with Chapter 18.795, Visual Clearance Areas; 4. Temporary Signs in accordance with Sections 18.780.090 and 18.780.100; 5. Lawn signs in accordance with Sections 18.780.060 A.1, A.6, and B.2; 6. Special condition signs in accordance with Section 18.780.090; and 7. Additional permitted sign including awning sign(s), tenant sign(s), flush pitched "roof" sign(s) and painted wall sign(s). F. In industrial zones. No signs shall be permitted in an I-P, I-L or 1-H zone except for the following: 1. Freestanding signs shall have certain limitations and conditions when permitted on properties in industrial zones; Signs 18.780-21 Code Update:09106 (a) One multifaced, freestanding sign shall be permitted subject to conditions and limitations as stated herein; (b) A reader-board assembly may be an integral part of the freestanding sign. (c) The maximum square footage of signs shall be 70 square feet per face or a total of 140 square feet for all sign faces. No part of any freestanding sign shall extend over a property line into public right-of-way space; (d) The sign area may be increased one square foot for each lineal foot the sign is moved back from the front property line to which the sign is adjacent. If the street is curbed and paved. the measurement may be taken from a. point which is 15 feet from the pavement. This increase in sign area is limited to a maximum of 90 square feet per face or a total of 180 square feet for all faces; and (e) Freestanding signs located next to the public right-of-way shall not exceed 20 feet in height. Height may be increased one foot in height for each 10 feet of setback from the property line or a point 15 feet from the edge of pavement, whichever is less, to a maximum of 22 feet in height; 2. Wall Signs shall have certain limitations and conditions when permitted on properties in industrial zones: (a) Wall signs, including illuminated reader-boards, may be erected or maintained but shall not exceed in gross area 15 percent of any building face on which the sign is to be mounted; (b) Wall signs may not project more than 18 inches from the wall or extend above the wall to which they are attached; and (c) If it is determined under the development review process that the wall sign's visual appeal and overall design quality would be served, an additional 50 percent of the allowable sign area may be permitted. No copy will be permitted, however, in the additional area permitted. For purposes of this subsection, "copy" includes symbols, logos and letters. 3. Directional signs on private property when such signs are solely designed to identify driveway entrances and exits for motorists on adjoining public streets. One sign with an area of four square feet per face shall be permitted per driveway. Such signs shall be consistent with Chapter 18.795, Visual Clearance Areas; 4. Temporary Signs in accordance with Sections 18.780.090 and 18.780.100; 5. Lawn signs in accordance with Sections 18.780.060 A.1, A.6, and 13.2; 6. Special condition signs in accordance with Section 18.780.090; and 7. Additional permitted sign including awning sign(s), tenant sign(s), freeway-oriented sign(s). projecting sign(s), flush pitched "roof' sign(s), and painted wall sign(s). G. Additional requirements in commercial and industrial zones. If it is determined under the site development revie", process that the sign's visual appeal and overall design quality would be served Signs 18.780-22 Code Update:09106 1 > while maintaining the intent and purpose of this chapter, an additional 50% of the allowable sign area and 25% of sign height may be permitted. No copy will be permitted in the additional area or height. For purposes of this subsection the word "copy" includes symbols, logos and figures, as well as letters. 1. Each freestanding sign shall be surrounded by an area set aside to protect the sign from vehicles negotiating in the parking area of the business and the area set aside shall be landscaped; a. The size and shape of the area set aside and the landscaping shall be represented on the plot plan required by permit and shall be subject to the review and control of the Director, under the site development review process; and b. On existing sites where a landscape island is not feasible, the minimum clearance between the lowest portion of a freestanding sign and the ground shall be 14 feet in any vehicle maneuvering area. 2. No freestanding sign, nor any portion of any freestanding sign, shall be located or project over any portion of a street, sidewalk or other public right-of-way or property unless an exception has been granted; 3. When a premises contains more than a single tenant but is not defined as a shopping center, the provisions of a freestanding sign shall take into consideration the need for providing a signing syste►n which is harmonious in appearance and legible: a. The building owner shall provide, at his own expense, a common support for all tenant signage; and b. Up to an additional 50% of sign copy area may be permitted under the site development review process so as to adequately identify the separate tenants when determined that the increased sign area will not be inconsistent with the purpose of this chapter. 4. Shopping centers or industrial parks shall establish a single signing format: a. Up to an additional 50% of sign area may be permitted under the development review process to adequately identify the complex when it can be determined that the increased sign area will not be inconsistent with the purposes of this chapter; b. This increase should be judged according to unique identification needs and circumstances which necessitate additional area to make the sign sufficiently legible; and c. When a shopping center or industrial park has more than one main entrance on separate frontages, a second freestanding sign may be allowed under the site development review process. The two allowable signs shall face separate frontages and are not intended to be viewed simultaneously; 5. Legal owners or occupants of properties or buildings which are in shopping plazas and which are directly located or are proposed to be located on a commercially- and industrially-zoned corner property(ies) (one or more contiguous tax lots located at the intersection of two or more public streets), shall be allowed to have one freestanding sign along each street frontage when all of the following are met: a. A sign permit shall be required for each sign prior to its erection; Signs 18.780-23 Code Update:09106 1 b. The total combined height of two freestanding signs on the premises shall not exceed 1501"0 of what is normally allowed for one freestanding sign in the same zoning district; c. Neither of the signs shall exceed the sign height normally allowed in the zoning district in which the signs are located; (See Subsection 18.780.030.) d_ No more than two freestanding signs shall be permitted; e. The two allowable signs shall face separate frontages and are not intended to be viewed simultaneously; and g. All other provisions of this chapter shall apply. 6. Shopping centers in the C-G zoning district shall be entitled to freestanding signage according to the following optional standards: a. A maximum of two freestanding signs shall be permitted per roadway frontage provided they can meet both sign area and sign height requirements as set forth in this subsection; b. The combined height of two signs shall not exceed 150% of the sign height normally allowed for one freestanding sign in the same zoning district; however, neither shall exceed the height normally allowed in the same zoning district; c. Total combined sign area for both signs shall not exceed 150%' of what is normally allowed for one freestanding sign in the same zoning district; however, neither shall exceed the area normally allowed in the same zoning district; d. Neither sign shall pose a vision clearance problem or shall project into the public right-of-way; e. A sign permit shall be required prior to erection of any freestanding sign referred to in this subsection. 18.780.140 Sign Code Adjustments A. Adjustments. The Director may grant an adjustment to the requirements of this chapter by means of a Type 1 or Type 11 procedure, as governed by Chapter 18.390, using approval criteria in Section 18.370.020 C.6. B. If an adjustment is granted, the rights thereby given to the applicant shall continue to exist and to belong to the applicant or any other owner of the land for a period of 1-1/2 years from the date of final approval: 1. If, at the expiration of 1-1/2 years from the date of approval. constriction of' the structure or initiation of the use giving rise to the need for the adjustment has not begun, the rights given by the adjustment approval shall terminate without further action by the City; and 2. Said rights shall also terminate at or after the expiration of 1-1/2 years from approval if, though commenced within I-1 /2 years, construction ceases and is not resumed within 60 days. ■ Signs 18.780-24 Code Update:09106 Chapter 18.795 VISUAL CLEARANCL AREAS Sections: 18.795.010 Purpose 18.795.020 Applicability of Provisions 18.795.030 Visual Clearance Requirements 18.795.040 Computations 18.795.010 Purpose A. Purpose. The purpose of this chapter is to establish standards which will assure proper sight distances at intersections to reduce the hazard from vehicular turning movements. y 18.795.020 Applicability of Provisions A. 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. B. When site development review is not required. Where the provisions of Chapter 18.330, Site Development Review, do not apply, the Director shall approve, approve with conditions, or deny a plan submitted under the provisions of this chapter through a Type I procedure, as governed by Section 18.390.030, using the standards in this chapter as approval criteria. 18.795.030 Visual Clearance Requirements A. At corners. Except within the CBD zoning district a visual clearance area shall be maintained on the corners of-all property adjacent to the intersection of two streets, a street and a railroad, or a driveway providing access to a public or private street. B. Obstructions prohibited. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure or temporary or permanent obstruction (except for an occasional utility pole or tree), exceeding three feet in height, measured from the top of the curb, or where no curb exists, from the street center line grade, except that trees exceeding this height may be located in this area, provided all branches below eight feet are removed. C. Additional topographical constraints. Where the crest of a hill or vertical curve conditions contribute to the obstruction of clear vision areas at a street or driveway intersection, hedges, plantings, fences, walls, wall structures and temporary or permanent obstructions shall be further reduced in height or eliminated to comply with the intent of the required clear vision area. 18.795.0410 Computations A. Arterial streets. On all designated arterial streets the visual clearance area shall not be less than 35 feet on each side of the intersection. Visual Clearance Areas 18.795-1 11126198 B. Non-arterial streets. I . Non-arterial streets 24 feet or more in width. At all intersections of two non-arterial streets, a non- arterial street and a driveway, and a non-arterial street or driveway and railroad where at least one of the streets or driveways is 24 feet or more in width, a visual clearance area shall be a triangle formed by the right-of-way or property lines along such lots and a straight line joining the right- of-way or property line at points which are 30 feet distance from the intersection of the right-of- way line and measured along such lines. See Figure 15.795.1: ~h{vGeX fk~Ja.~~ riskk A ~GGrih *1 I ga' 3a' L ~;9(1t aF x' 30' - - ~ee-k ~ aY ~vf reef FIGURE 18.795.1 ILLUSTRATIONS OF VISUAL CLEARANCE REQUIREMENTS 2. Non-arterial streets less than 24 feet in width. At all intersections of two non-arterial streets, a non-arterial street and a driveway, and a non-arterial street or driveway and railroad where both streets and/or driveways are less than 24 feet in width, a visual clearance area shall be a triangle whose base extends 30 feet along the street right-of-way line in both directions from the centerline of the accessway at the front setback line of a single family and two family residence, and 30 feet back from the property line on all other types of uses. ■ Visual Clearance Areas 18.795-2 11126198 18.114.010 Chapter 18.114 SIGNS Sections: 18.114.010 Purpose. 18.114.015 Definitions. 18.114.020 Permits required. 18.114.030 Administration and approval process. 18.114.040 Expiration of approval--Standards for extension of time. 18.114.050 Inspections. 18.114.060 Sign exemptions. 18.114.070 Certain signs prohibited. 18.114.080 Sign illumination. 18.114.090 Special condition signs. 18.114.100 Temporary signs. 18.114.110 Nonconforming signs. 18.114.120 Sign removal provisions--Nonconforming and abandoned signs. 18.114.130 Zoning district regulations. 18.114.140 Exceptions. 18.114.145 Approval criteria for exceptions to sign code. 18.114.150 Application submission requirements. 18.114.010 Purpose. (a) The purpose of this chapter is: (1) To.protect the health, safety, property and welfare of the public; (2) To improve the neat, clean, orderly and attractive appearance of the community; (3) To improve the effectiveness of signs in identify- ing the advertising businesses; (4) To provide for safe construction, location, erec- tion and maintenance of signs; (5) To prevent proliferation of signs and sign clutter; and (6) To minimize adverse visual safety factors to public highway travelers. (b) In addition, it is the purpose of this chapter to regulate the design, quality of materials, construction, loca- tion, electrification, illumination and maintenance of all signs visible from public property or from public rights-of- way. (c) It is not the purpose of this chapter to permit the erection or maintenance of any sign at any place or in any manner unlawful under any other ordinance or state or federal law. (Ord. 83-52 Exhibit A(part), 1983). 314-54 (Tigard 9/84) 18. 114.015 18.114.015 Definitions. (a) For the purpose of this chapter, words used in the present tense include the future, the singular number includes the plural, "shall" is mandatory and not directory and "building" includes "structures" except "sign structures." (b) As used in this title, unless the context requires otherwise, the following words and phrases shall have the mean- ings set forth in this chapter. (c) The definitions to be used in this chapter are in addition to Chapter 18.26, Definitions and are as follows: ( 1) "A board" refers to any double face temporary sign which does not exceed twelve square feet per side. ( 2) "Area" means the entire area within any type of perimeter which encloses the outer limits of any writing., representation, emblem, figure or character. The area of a sign having no such perimeter or border shall be computed by enclosing the entire surface area within a parallelogram or triangle, then computing the area thereof. The area of all signs in existence-at the date of adoption of this title, whether conforming or nonconforming, shall be counted in estab- lishing the permitted sign area of all signs allowed for an individual business on a premises. Where a sign is of a three-dimensional or round or irregular solid shape, the largest cross-section shall be used in a flat projection for the purpose of determining sign area. ( 3) "Bench sign" means a bench designed to seat people which carries a written or graphic message. ( 4) "Billboard." See "outdoor advertising sign. ( 5) "Business" means all of the activities carried on by the same legal entity on the same premises and includes eleemosynary, fraternal, religious, educational or social organizations. "Legal entity" includes, but is not limited to, individual proprietorships, .partnerships, corporations, nonprofit corporations, associations or joint stock companies. ( 6) "Building official" means officer or designee of the city empowered to enforce the Uniform Building Code. ( 7) "Business of outdoor advertising" includes the business of constructing, erecting, operating, using, main- taining or leasing outdoor advertising signs. ( 8) "Construct" means every type of display in the form of letters, figures, characters,-representations. 9) "Cutout" means every type of display in the form of letters, figures, characters, representations or others in cutout or irregular form attached to or superimposed upon a sign or advertising sign. (10) "Development review" means the process set forth in Chapter 18.120. (11) "Display surface" means the area made available by the sign structure for the purpose of displaying the adver- tising or identification message. 314-55 (Tigard 4/84) 18.114.015 ) (12) "Electrical sign" includes any sign utilizing electrical wiring. (13) "Electronic information sign" includes signs, displays, devices or portions thereof with lighted changing messages that change at intermittent intervals by electronic process or remote control. Electronic information signs are not identified as rotating, revolving or moving signs. (_14) "Externally illuminated sign" includes a sign illuminated from an external light source. (.15) "Face of a building" means all window and wall areas of a building in one or more parallel planes. (16) "Flashing sign" means any sign which is illumi- nated by an intermittent or flashing light source or which is in any other way animated so as to create the illusion of movement without actual physical movement or the illusion of a flashing or intermittent light or light source. Flashing signs do not include electronic information signs. (17) "Freestanding sign" means a sign erected and mounted on a freestanding frame, mast or pole,and not attached to any building. (18) "Freeway-oriented sign" means a sign primarily designed to be read by a motorist traveling on a highway designated by the Oregon State Highway Department as a freeway or expressway; specifically, these shall be Interstate 5, and Oregon State Highway No. 217, and shall not include U.S. Highway 99W. (19) "Frontage" means the length of the property line of any one premises along a public roadway. (20) "Ideological sign" means signs which communicate a political, moral or philosophical comment or religious state- ment which does not promote any commercial interest or refer specifically to a particular ballot measure to be voted on in the next election. (21) "Immediate or serious danger" includes: (A) Whenever any portion of the. structure is damaged by fire, earthquake, wind, flood or other causes; any member or appurtenance that is likely to fail, or become detached or dislodged or to collapse and thereby injure persons or damage property. (B) Whenever any portion of the structure is not of sufficient strength or stability or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one-half of that specified in the Uniform Building Code for this type structure or similar structure and will not exceed the working stresses permitted in the Uniform Building Code for such structures. (C) Whenever the location of the sign structure obstructs the view of motorist traveling on the public streets or any place, and thus causes damage to property or thereby injures persons. 314-56 (Tigard 4/84) 18.114.015 (22) "Incidental sign" means signs advertising or identifying associated goods, products, services or facilities available on the premises, including, but not limited to, trading stamps, credit cards accepted or brand names. (23) "Incombustible material" means any material which will not ignite at, or below, a temperature of twelve hundred degrees Fahrenheit during an exposure of five minutes and which will not continue to burn or glow at that temperature when tested in accordance with standards established in the Uniform Building Code. (24) "Industrial park" means a parcel of land which complies with the requirements set forth in Chapter 18.68. (25) "Internally illuminated sign" means signs with an internal source of illumination where the light source is not visible from the exterior of the sign. (26) "Maintain" means to permit a sign, sign structure or part thereof to continue or to repair or refurbish a sign, sign structure or part thereof. (27) "Nameplate" means signs identifying only the name and occupation or profession of the occupant of the premises on which the sign is located. (28) "Nonstructural trim" means the moldings, battens, caps, nailing strips and latticing, letters and walkways which are attached to a sign structure. (29) "Off-premises sign" means any sign including, but not limited to, a painted sign, temporary sign, permanent sign or outdoor advertising sign, which sign advertises-goods, products or services which are not sold, manufactured or dis- tributed on or from the premises or a sign which advertises a business or facilities not located on the premises on which the sign is located. (30) "Outdoor advertising or billboard sign" means a sign constructed, erected and maintained by a person licensed to engage in the business of outdoor advertising and which sign is an off-premises sign supported by a substantial perma- nent sign structure with a display surface or display surfaces primarily designed for the purpose of painting or posting advertising message thereon at periodic intervals, and-when customarily, although not exclusively, the use of the display surface is leased_ to other persons.- Sometimes referred to as "billboards." (,31) "Person" means individuals, corporations, associ- ations, firms, partnerships and joint stock companies. (32) "Plastic material" means those materials made wholly or partially from standardized plastics listed and described in the Uniform Building Code or approved plastics which have been approved by the Underwriters' Laboratory for use in construction of electrical signs. (,33) "Political signs" means signs promoting or opposing a candidate or measure in a specific election. 314-57 (Tigard 4/84) 18.114.020 (34) "Premises" means one or more lots on which are constructed or on which are to be constructed a building or a group of buildings designed as a unit. (35) "Projecting sign" means signs other than a wall sign which projects from a building. (36) "Projection" means the distance by which a projecting sign extends from a building. (37) "Readerboard sign" means any sign with change- able copy as message, except electronic information signs. (38) "Roof sign" means a sign erected upon or directly above a roof or parapet of a building or structure. (39) "Rotating, revolving or moving sign" means any sign, or portion of a sign, which moves in any manner. (.40) "Sign" means an advertising sign, outdoor advertising sign, on-premises sign, display, temporary sign, temporary sign display, message, light (other than a device used primarily to illuminate a building or a premises), emblem, device, figure or mannequin, painting, drawing, placard, poster or other thing that is designed, used or intended for advertising purposes, or to inform or to attract the attention of the public, and includes, where applicable, the sign structure, display surfaces and all other component parts of the sign. (41) "Sign structure" means any structure which supports or is capable of supporting any sign as described in the Uniform Building Code. A sign structure may be a single pole and may or may not be an integral part of a build- ing. (42) "Temporary sign" means any sign, "A" board frame, banner or advertising display which is not permanently erected or permanently affixed to any sign structure, sign tower or building and which is not an electrical sign or an internally illuminated sign or one with changeable message characteristics. (43) "Uniform Building Code" means the most recent structural and specialty Oregon Uniform Building Code as adopted by the Oregon Department of Commerce, and which Uniform Build- ing Code, by this reference, is incorporated in this title to the extent of specific citations thereof in this title. (44) "Wall sign" means any.sign attached to, painted on or erected against the wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of the wall. (Ord. 83-52 Exhibit A(part), 1983). 18.114.020 Permits required. (a) No sign shall here- after be erected, reerected, constructed, altered or relocated within the city limits except as provided by this title, and a permit for the sign has been issued by the director and designee. (b) A separate permit is required for a sign or signs for each business entity and a separate permit is required 314-58 (Tigard 4/84) 18.114.030 for each group of signs on a single supporting structure. (c) A separate permit is required when it is proposed to remove a sign from its supporting structure for its repair and maintenance. (d) Separate structural permits under the Uniform Build- ing Code shall also apply. (e) In addition, an electrical permit shall be obtained for all illuminated signs, from the enforcing agency, subject to the provisions of the State Electrical Code. (Ord. 83-52 Exhibit A(part), 1983). 18.114.030 Administration and approval process. (a) The applicant for sign permit structure proposals shall be the recorded owner of the property or an agent authorized in writing by the owner. (b) A preapplication conference with city staff is re- quired. See Section 18.32.040. (c) Due to possible changes in state statutes, or regional or local policy, information given by staff to the applicant during the preapplication conference is valid for not more than six months. (1) Another preapplication conference is required if any accessory use or structure application is submitted six months after the preapplication conference; (2) Failure of the director to provide any of the information required by this chapter shall not constitute a waiver of the standard, criteria or requirements of the applications. (d) The director shall approve, approve with conditions or deny any application for a sign permit. The director shall apply the standards set forth in Sections 18.114.080, 18.114- .090 and 18.114.130 of this code when reviewing an application for a sign. (e) The decision of the director may be appealed in accordance with Section 18.32.310(a). (1) Any person who has been ordered by the director to remove a sign, alleged to be in violation of this chapter; (2) Any person whose permit to erect or alter a sign has been refused or revoked under this chapter; (3) Any-person seeking an exception from the provi- sions of this chapter; (4) Any person adversely affected by a determination of nonconformity by the director under Section 18.114.110; (5) Any person otherwise adversely affected by a determination made under this chapter. (f) No hearing before the commission shall be granted from a decision by the director unless the appeal is filed within ten days of the decision. (g) Application for hearing shall not stay the action of the director unless the applicant requests a stay and after 314-59 (Tigard 4/84) 18.111 340--18.114.050 appropriate notice and hearings, the director determines that specific public safety considerations outweigh the delay of the action for the hearing and review process. (h) The director is authorized and directed to enforce all of the provisions of this chapter. (1) All signs for which permits are required shall be inspected by the building official; (2) Upon presentation of proper credentials, the building official designee .may enter at reasonable times any building, structure or premises in the city to perform any duty imposed upon the position by this chapter. (Ord. 83-52 Exhibit A(part), 1983). 18.114.040 Expiration of approval--Standards for exten- sion of time. (a) Sign permit approval by the director shall be effective for a period of ninety days from the date of approval. (b) The sign permit approval by the director shall lapse if: (1) Substantial construction of the approved plan has not begun within the ninety-day period; (_2) Construction on the site.is a departure from the approved plan. (c) The director shall, upon written request by the applicant, grant an extension of the approval period not to exceed ninety days; provided, that: (1) No changes are made on the original sign permit plan as approved by the director; (2) The applicant can show intent of initiating con- struction of the sign within the ninety-day extension period; and (3) There have been no changes in the applicable policies and ordinance provisions and Uniform Building Code provisions on which the approval was based. (Ord. 83-52 Exhibit A(part) , 1983) . 18.114.050 Inspections. (a) General. All construction work for which a permit is required shall be subject to an inspection by the building official per the Uniform Building Code and this title. (1) A survey of the lot or proposed location for sign erection may be required by the building official to verify compliance of the structure with approved plans. (2) Neither the building official nor the jurisdic- tion is liable for expense, or other obligations, entailed in the removal or replacement of any material required to allow inspection. (b) Inspection Requests. It shall be the duty of the person doing the work authorized by a permit to notify the building official that such work is ready for inspection. 314-60 (Tigard 4/84) j , 18.114.060 The building official may require that every request for in- spection be filed at least one working day before such inspec- tion is desired. (c) Required Inspections. Reinforcing steel or structural framework of any part of the proposed structure shall not be covered or concealed without first obtaining approval of the building official. (Ord. 83-52 Exhibit A(part), 1983). 18.114.060 Sign exemptions. (a) The following signs and operations shall not require a sign permit but shall conform to all other applicable regulations of this chapter and the provisions of subsection (b) of this section: (1) Signs advertising exclusively the sale, rental or lease of premises on which the signs are located; (.2) Memorial signs or tablets, names of buildings and dates of erection, if either, cut into any masonry surface or constructed of bronze or other incombustible material; (3) Signs denoting the architect, engineer, contractor and similar information concerning a subdivision'or development and placed on the construction site; (4) Signs denoting one-time clearance sales of house- hold goods (e.g., a garage sale); (5) Signs promoting or opposing a candidate or measure in a specific election; (6) ideological signs; (7) Signs of temporary nature advertising events or products for sale for nonprofit organizations; (8) Nothing in this title prevents the erection, location or construction of signs on private property where such erection, construction or location is required by any law or ordinance nor shall any public agency or utility be prohibited from erectina_ signs on private property when other- wise permitted; (9) Nothing in this title prevents the erection, location or construction of directional or instructional signs on private property when such signs are solely designed to direct or to guide or to instruct pedestrians or vehicular traffic while on the parcel of real property on which the signs are located. No sign permit or fee-is required for such signs. (b) All signs exempt from permit requirements under subsection (a) of this section shall meet the following re- quirements: (1) The sign shall be erected on private property with the consent of the lawful possessor of the property and shall not be placed on utility poles or in the public right- of-way; (.2) The total area of signage per parcel shall not exceed six square feet in single-family residential, twelve square feet in multifamily zones, fifteen square feet in C-N 314-61 (Tigard 4/84) ? 18.114.070 zoning districts, and seventy square feet in other zoning districts, regardless of the number of signs; (3) At least one sign shall be permitted per parcel of land; additional signs on such parcel shall be spaced at least fifty feet apart in residential zoning districts and thirty feet apart in nonresidential zoning districts. (c) Signs exempt from permit requirements under sub- division (1) and (3) to (5) of subsection (a) of this section shall be removed within ten days from the end of the event displayed. (d) The sign permit provisions of this section shall not apply to repair, maintenance or change of copy (including, but not limited to the changing of a message on a sign specifically designed for the use of replaceable copy), or unlawfully erected or maintained signs. (Ord. 83-52 Exhibit A(part), 1983). 18.114.070 Certain signs prohibited. (a) Prohibited Display of Flags and Banners. It is a violation of this chap- ter to erect or maintain strings of pennants, banners or streamers, festoons of lights, clusters of flags, strings of twirlers or propellers, flashing or blinking lights, flares, balloons and similar devices of carnival character. Excep- tions: (1) National, state and institutional flags properly displayed; (2) Seasonal decoration and generally recognized holidays; (3) Pennants and banners. approved as temporary signs. (b) Unsafe Signs or Improperly Maintained Signs. No sign shall be constructed, erected or maintained unless the sign and sign structure is so constructed, erected and main- tained as to be able to withstand the wind, seismic and other requirements as specified in the Uniform Building Code, or this code. . (c) Signs at Intersections. No sign shall-be erected at intersections of any streets in such a manner as to materially obstruct free and clear vision. (1) No sign shall be erected at any location where, by reason of the position, shape or-color, that interferes with, obstructs the view of, or could be confused with, any authorized traffic signal or device; - (2) No sign shall be erected which makes use of the work "stop," "look," "danger," or any other similar word, phrase, symbol or character in such manner as is reasonably likely to interfere with, mislead or confuse motorists. (d) Obscenity. No sign shall bear or contain state- ments, words or pictures in which the dominant theme of the material, taken as a whole, appeals to the prurient interest in sex or is patently offensive because it affronts the con- temporary community standard relating to the description or 314-62 (Tigard 4/84) 18.11A X080--18.114.090 representation of sexual material which is utterly without redeeming social value. (e) Traffic Obstructing Signs. No sign or sign structure shall be constructed in such a manner or at such a location that it will obstruct access to any fire escape or other means of ingress or egress from a building or any exit corridor, exit hallway or exit doorway. No sign or supporting structure.shall cover, wholly or partially, any window or doorway in any manner that it will substantially limit access to the building in case of fire. (f) Off-premises Signs. No off-premises sign shall be. permitted in any commercial or industrial zone, except outdoor advertising signs, as regulated in other parts of this title. Off-premises signs may only be approved by the commission through the exception procedure established by Section 18.114.130. (g) Bare Light Bulbs. Strings of bare lights shall not be constructed, erected or maintained within view of any public street or public right-of-way. This subsection shall not apply to lighting displays as described in subdivision (a) of subsec- tion (a) of this section. (h) Roof Signs. Roof signs of any kind are prohibited, including temporary signs. (i) Revolving Signs. Revolving, rotating or moving signs of any kind are prohibited. (j) Flashing Signs. Flashing signs, exposed reflective- type bulbs, strobe lights, rotary beacons, par spots, zip lights or similar devices are prohibited. (Ord. 83-52 Exhibit A(part), 1983). 18.114.080 Sign illumination. (a) The surface brightness of any sign shall not exceed that produced by the diffused out- put obtained from eight hundred milliampere fluorescent light sources not closer than eight inches on center. (b) Exposed incandescent lamp which exceeds twenty-five watts shall not be used on the exterior surface of any sign so as to expose the face of such bulb or lamp to any public street or public right-of-way with the exception of electronic information signs. (Ord. 83-52 Exhibit A(part), 1983). 18.114.090 -Special condition signs. (a) Outdoor Advertis- ing Signs. Outdoor advertising sign regulations are as follows: (1) Zones Permitted. Outdoor advertising signs are permitted only in a C-G commercial zone or I-P, I-L and I-H industrial zones. (2) Height. The maximum height of an outdoor adver- tising sign shall not exceed thirty-five feet from the ground level at its base. (3) Size. (A) The maximum sign dimensions of an outdoor advertising sign shall be twelve feet in height and twenty- five feet in length (excluding supports and foundations) or a 314-63 (Tigard 4/84) 18.114.090 l total maximum sign area of three hundred square feet per face. (B) Outdoor advertising signs may be increased in area to fourteen feet in height and forty-eight feet in length or a total maximum sign area of six hundred seventy-five square feet per face where permitted as freeway-oriented signs. (C) On freeway-oriented signs, cutouts may project beyond the display surface and may add up to one-third additional area of permitted display surface and further may extend five and one-half feet above, four feet below or two feet to either side of the display surface; provided, that the thirty-five foot maximum height limit is not exceeded by such cutouts. (4) Locations Permitted. (A) Outdoor advertising signs are only permitted to locate on and orient to Oregon State Expressway No. 217 and Interstate Freeway No. 5. (B) Outdoor advertising signs shall not have more than one display surface facing in the same traffic direction on any one premises. (C) For the purpose of this provision and for the purposes of applying the spacing limitations or density limita- tions which follow, a single outdoor advertising structure on which two display surfaces are attached back-to-back is con- sidered as one outdoor advertising sign and with one display surface facing one.traffic direction. (5) Outdoor advertising signs shall not be located within three hundred feet of another outdoor advertising sign on the opposite side of the street or highway or within five hundred feet of another outdoor advertising sign on the same side of the street or highway. (A) For purposes of applying this limitation, distances shall be measured as a radius from a sign. (B) Where two or more signs are in violation cf these spacing provisions, the first lawfully constructed, erected and maintained shall be permitted to remain. (6) Outdoor advertising signs shall have all metaL structures; provided, however, that the display surface or display surfaces and the stringers used for the support of the display surfaces together with cutouts may be made of other materials.; (7) Outdoor advertising signs are not permitted as roof signs. (8) All signs, together with all of their supports, braces, guys and anchors shall be kept in good repair and shall be maintained in a safe condition. (A) All signs and the site upon which they are located shall be maintained in a neat, clean and attractive condition. (B) Signs shall be kept free from excessive rust, corrosion, peeling paint or other surface deterioration. 314-64 (Tigard 4/84) 18.114.100 (C) The display surfaces of all signs shall be kept neatly painted or posted. (b) Bench Signs. Bench signs are only permitted at designated transit stops in commercial, industrial and multi- family zones where no bus shelter exists. (1) There shall be no more than one bench sign per allowable transit stop. (2) Placement of the bench sign shall not interfere with pedestrian traffic or traffic vision. (3) Application for a bench sign shall include the signature of the affected property owner and proof of liabil- ity insurance. (c) Incidental Signs. Incidental signs shall not exceed twelve inches in height and eighteen inches in width and shall be limited to four signs attached to a permitted freestanding sign. (1) Incidental signs as described above, are per- mitted as wall signs. (2) The total combined area shall not exceed six square feet. (d) Political Signs. Signs relating to the nomination and election of any individual for a political office or advocacy of any measure to be voted upon at an election shall be allowed under the following conditions: (1) Such signs shall be temporary in nature and shall be removed within ten days after the election. (2) Such signs shall not exceed twelve square feet in residential zones and thirty-two square feet in all other areas. (3) No political sign shall be erected within or on any public property or right-of-way or affixed to any pole, post or standard located within or on public property or right-of-way. (Ord. 83-52 Exhibit A(part), 1983). 18.114.100 Temporary signs. (a) Authorization. The director is empowered to authorize temporary,signs not exempted by Section 18.114.060. The director shall attach such condi- tions to the issuance of a permit for a temporary sign as may be necessary to_assure discontinuance of the use of the sign in accordance with the terms of the authorization, and to assure substantial compliance with the purpose of this title. (b) Issuance Authority. (1) The director may issue temporary sign permits which shall terminate within sixty days from the date of issuance; (2) No permit shall be issued for a period longer than sixty days, but a permit may be renewed by the director upon a showing of good cause for the continuation of the temporary permit. 314-65 (Tigard 4/84) 18.114.110 (c) Required Conditions. Applicants for temporary sign permits shall submit such evidence as may be required to enable the director to determine that one or more of the following conditions exists: (1) The need for the temporary sign is the direct result of a casualty loss; (2) The applicant has lost leasehold occupancy rights; (3) The need for a temporary sign is to bring to the attention of the public a special sale, a special service or a special event which is compatible with the business; (4) Types and locations of temporary signs are as follows: (A) The total number of temmporary signs shall not exceed four for any one business at any one period of time. (B) The total area of one sign shall not exceed twelve square feet. (C) See Section 18.114.015(c)(42), Temporary sign, for definition of type approved. (D) Location shall be as approved by building official. Sign clutter, blanketing and shabby appearances of signs shall be avoided. ( i) Foundation inspections shall be made after all required excavations, form work, bolt settings are completed and ready to receive concrete. ( ii) All anchorages shall be left exposed for inspection. (iii) Electrical inspection shall be made by the agency issuing electrical permits. ( iv) Final inspection shall be called for by the applicant when all work is completed. This inspection shall cover all items required by the building official under state law or city ordinance such as the locations, landscaping if required and general compliance with the approved plans and requirements of this title. (Ord. 83-52 Exhibit A(part), 1983). 18.114.110 Nonconforming signs. (a) Except as pro- vided in this chapter, signs in existence on March 20, 1978, according to Ordinance Nos. 77-89 and 78-16, which do not conform to the provisions of this chapter; but which were con- structed, erected or maintained in compliance with all previous regulations, shall be regarded as nonconforming signs which may be continued until March 20, 1988. (b) Signs in existence on January 11, 1971, which do not conform to the provisions of this chapter, but which were constructed, erected or maintained in compliance with all previous regulations, were regarded as nonconforming signs and could be continued for a period of ten years from January 11, 1971. All such signs which were not brought into compli- ance with the standards in Ordinance Nos. 77-89 and 78-16 and the extensions granted are now in violation of this chapter. 314-66 (Tigard 4/84) 1. 18.114.120 (c) Signs located on premises annexed into the city after January 11, 1971, which do not comply with the provisions of this chapter, shall be brought into compliance with this chapter within a period of ten years after the effective date of the annexation. (d) Any sign which is structurally altered, relocated or replaced shall immediately be brought into compliance with all of the provisions of this chapter, except the repairing and restoration of a sign on-site, or away from the site, to a safe condition. Any part of a sign or sign structure for normal maintenance shall be permitted without loss of nonconforming status. (e) Signs in existence on the effective date of the ordinance codified in this chapter which do not comply with provisions regulating flashing signs; use of par spotlights or rotating beacons; rotating and revolving signs; flags, banners, streamers or strings of lights (or temporary or inci- dental.signs) shall be made to conform within ninety days from the effective date of the ordinance codified in this chapter. (.f) Signs in existence on the effective date of the ordi- nance codified in this chapter which do not comply with the provisions of Section 18.114.090(a)(4)(A) shall be permitted to remain along U.S. Highway 99W only. (Ord. 83-52 Exhibit A(part) , 1983) . 18 114.120 Sign removal provisions--Nonconforming and abandoned signs. (a) All signs erected after the effective date of the ordinance codified in this title, which are in violation of any provision of the ordinance codified in this chapter, shall be removed or brought into conformance, upon written notice by the director or designee. (b) All signs which do not comply with this chapter, but were erected prior to the effective date of the ordinance codified in this chapter, shall be removed or brought into conformance within sixty days from written notice by certified mail given by the director or duly authorized representative. (c) If the owner of sign, building, structure or prem- ises fails to comply with the written order, the director or designee may then cite the owner-into court subject to Chapter 18.24, Enforcement. The following exceptions apply: (1) Section 18.114.110, Nonconforming signs, provides for certain time limits and other.conditions for certain signs as described therein. (2) Any sign that by its condition or location pre- sents an immediate or serious danger to the public, by order of the building official, shall be removed or repaired within the time he may specify. In the event the owner of such sign cannot be found or refuses to comply with the order to remove, the building 314-67 (Tigard 4/84) 18.114.130 official shall then have the dangerous sign removed and the owner cited for noncompliance and recovery of any damage or expense. (3) All temporary signs shall be removed or repaired as provided in Section 18.114.100. (d) Any person who owns or leases a sign shall remove such sign and sign structure when either the business that it advertises has discontinued business in the city or the business that it advertises is no longer conducted in or upon the premises upon which such sign is located. (1) If the person who owns or leases such sign fails to remove it as provided in this section, the director shall give the owner of the building, structure or premises upon which such sign is located, sixty days' written notice to remove it. (2) If the sign has not been removed at the expira- tion of the sixty days' notice, the director or designee may remove such sign at cost to the owner of the building, struc- ture or premises. (3) Signs which the successor to a person's business or business location agrees to maintain as provided in this chapter need not be removed in accordance with this section. (4) Costs incurred by the city due to removal, may be made a lien against the land or premises on which such sign is located, after notice and hearing and may be collected or foreclosed in the same manner as liens otherwise entered in the liens docket of the city. (Ord. 83-52 Exhibit A(part), 1983). 18.114.130 Zoning district regulations. (a) Permitted Signs. No sign of any character shall be permitted in an R-7, R-4.5, R-3.5, R-2 or R-1 zone except the following: (1) Nameplates. Sign bearing only property numbers, names of occupants of the premises or other identification of the premises not having a commercial connotation not exceed- ing a combined area of four square feet. (2) Real Estate Signs. One on-site temporary sign for each street frontage offering the premises for sale, lease or inspection by the public; provided, that the total area of such sign does not exceed six square feet in area. Such signs may also be modified to indicate that the property has been sold. 0) Permanent Subdivision Identification Signs. One ground sign, at each entry point to the subdivision from the public right-of-way, with the site properly landscaped, denot- ing the development name and not exceeding thirty-two square feet in area. Illumination may be approved as long as it does not create a public or private nuisance, as determined by the director considering the purpose of the zone. 314-68 (Tigard 4/84) j ) 18.114.130 (4) Real Estate Directional Signs. Temporary real estate signs advertising an open house and located off the premises, limited to a sign area of six square feet and a maximum dimension of four feet may be erected and maintained, provided the display of such sign shall be only during those hours the property is available for inspection. (A) No other off-premises directional signs are allowed. No permits are required for such signs, but the director may establish reasonable rules and regulations to prohibit sign clutter, erection of unsafe signs or other problems in connection with the erection of real estate direc- tional signs. (B) Such rules and regulations shall be on file with the city recorder. (5) Religious Assembly. (A) Freestanding signs for religious assemblies and educational institutions in residential zones are limited to sixteen feet in height and sixty-five square feet in area per sign face. (B) Religious assemblies and educational institu- tions are permitted to have readerboards but not in excess of the allowable sign area. (C) Wall signs shall not exceed five percent of the front wall area and not be permitted on side or rear wall. (6) Signs Exempt From Permit. The signs specified in Section 18.114.060(a) are allowed, subject to any restric- tions imposed by this title. . (b) Multifamily Residential Zones. 'No sign is permitted in an R-12, R-20, or A-20 zone except for the following: (1) Permanent Residential Nameplates Identifying the Premises. Total signing on a premises shall not exceed one square foot of area per dwelling unit. (2) Incidental Signs. Such signs shall only be per- mitted when attached to a permanently affixed sign structure or to the wall of the building. (3) Real Estate Signs. One outside sign offering the premises for sale providing that the total area of such sign does not exceed twelve square feet. Such signs may be modified to indicate that the property has been sold. (4) Nonresidential Signs. One illuminated or non- illuminated sign not exceeding six feet in height and sixty- five square feet in area per sign face identifying any non- residential use permitted in a multiple-family residential zone, if such use has been approved under the conditional use process. (5) Real Estate Directional Signs and Religious Signs. In accordance with subdivisions (4) and (5) of sub- section (a) of this section. (6) Signs Exempt From.Permi.t. The signs specified 314-69 (Tigard 4/84) 18.114.130 in Section 18.114.060(x) are allowed,-subject to any restric- tions imposed by this title. (c) Commercial Zones. No sign is permitted in a C-G and CBD zone except for the following: (1) Freestanding Signs. (A) Freestanding Sign Limits. Freestanding signs shall have certain limitations and conditions when permitted. on properties zoned commercial and industrial. ( i) One multifaced, freestanding sign identify- ing the principal goods, products, facilities or services avail- able on the premises, is permitted on the premises, subject to conditions and limitations as stated herein. (ii) A readerboard assembly may be an integral part of the freestanding sign. (B) Area Limits. The maximum square footage of signs is seventy square feet per face or a total of one hundred forty square feet for all sign faces. No part of any free- standing sign shall extend over a property line into public right-of-way space. (C) Area Limit Increases. The sign area may be increased one square foot for each lineal foot the sign is moved back from the front property line the sign is adjacent to. If the street is curbed and paved the measurement may be taken from a point which is fifteen feet from the pavement. This increase in sign area is limited to a maximum of ninety square feet per face or a total of one hundred eighty square feet for all faces. (D) Height Limits. Freestanding signs located next to the public right-of-way shall not exceed twenty feet in height. Height may be increased one foot in height for each ten feet of setback from the property line or a point fifteen feet from the edge of pavement, whichever is less, to a maximum of twenty-two feet in height. (2) Wall Signs. (A) Wall signs, including illuminated readerboards, may be erected or maintained but shall not exceed in gross area fifteen percent of the building frontage occupied by the tenant. (B) Wall signs may not project more than eighteen inches from the wall or extend above the wall to which they are attached. (C) In buildings where one or more tenant(s) occupy a portion of a building which does not include any portion of-an interior wall having exposure to a public street, allow- able wall sign area will be computed in the following manner: ( i) Each tenant not having building frontage may have a wall sign on the wall having street exposure (front wall) provided it does not exceed in sign area that portion of sign area permitted that front wall tenant having the smallest proportion of allowable sign area. 314-70 (Tigard 4/84) 18.11 4.130 ( ii) In this type of building the allowable proportion of front wall sign area shall be computed as fifteen percent of the total building face. (iii) A wall sign program shall be established for all multitenant buildings; no new permit shall be issued until such a program is established. ( iv) On preexisting buildings, each new tenant will adhere to the established program. (D) If it is determined under the development review process that the wall sign's visual appeal and overall design quality would be served, an additional fifty percent of the allowable sign area may be permitted. No copy will be per- mitted, however, in the additional area permitted. For pur- poses of this subsection, "copy" includes symbols, logos and letters. (E) Wall signs painted directly onto the wall surface shall not exceed in gross wall area fifteen percent of the face of the building they are painted upon, and the vertical dimension of the sign cannot exceed twenty percent of the height of the wall. (F) One freestanding or wall sign will be permitted offering the premises for sale or rent. Total area'of such sign shall not exceed seventy square feet. (3) Signs Exempt from Permit. The signs specified in Section 18.114.060(a) are allowed, subject to any restrictions imposed by this title. (d) Commercial-Professional Zone. No sign is permitted in a C-P zone except for the following: (1) There shall be not more than one square foot of sign area for each one hundred square feet of floor area within the building or buildings to be identified. All signs shall not exceed fifteen square feet per face or a total of thirty square feet for all sign faces if both faces are used. (2) No sign shall project above the roof line or ex- tend over a public sidewalk or right-of-way. All faces of signs shall be parallel to the face of the building upon which the sign is located and to which the sign pertains. (.3) Signs may be painted or otherwise applied directly to a wall providing such sign is an integral part of building design and approval is obtained for such sign under the develop- ment review process. (4) No billboards are permitted. (5) Special types of signs per Section 18.114.090 may be.approved under the development review process. (6) Signs within a planned development district for the specific purpose of advertising the premises for sale or rent, site identification, building identification, tenant identification and traffic direction may be permitted within such planned development as approved in the detailed develop- ment plan subject to approval by the director, providing that 314-71 (Tigard 4/84) 18.114.130 an integrated sign theme is carried out compatible with the overall development and consistent with the approved general plan and program. (7) The signs specified in Section 18.114.060(a) are allowed, subject to any restrictions imposed by this title. (e) Neighborhood Commercial Zone. No sign is permitted in a C-N zone except for the following: (1) The area of all signs shall not exceed fifteen square feet per side, or a total of thirty square feet for all sign faces if more than one face is used. (2) Freestanding signs may be permitted in lieu of building-mounted signs, subject to specific approval under the design review process. (3) Special types of signs per Section 18.114.090 may be approved subject to a specific approval under the develop- ment review process. (4) The signs specified in Section 18.114.060(a) are allowed, subject to any restrictions imposed by this title. (f) Industrial Zones. No signs are permitted in an I-P, I-L or I-H zone except for the following: (1) Freestanding Signs. (A) Limitations. Freestanding signs shall have certain limitations and conditions when permitted on properties zoned commercial and industrial. ( i) One multifaced, freestanding sign identify- ing the principal goods, products, facilities or services avail- able on the premises, shall be permitted on the premises., sub- ject to conditions and limitations as stated herein. (ii) A readerboard assembly may be an integral part of the freestanding sign. (B) Area Limits. The maximum square footage of signs is seventy square feet per face or a total of one hundred forty square feet for all sign faces. No part of any free- standing sign shall extend over a property line into public right-of-way space. (C) Area Limit Increases. The sign area may be increased one square foot for each lineal foot the sign is moved back from the front property line the sign is adjacent to. If the street is curbed and paved the measurement may be taken from a point which is fifteen feet from the pavement. This increase in sign area is limited to a maximum of ninety square feet per face or a total of one hundred eighty square feet for all faces. (D) Height Limits. Freestanding signs located next to the public right-of-way shall not exceed twenty feet in height. Height may be increased one foot in height for each ten feet of setback from the property line or a point fifteen feet from the edge of pavement, whichever is less, to a maximum of twenty-two feet in height. 314=72 (Tigard 4/84) 18.114. 130 (2) Wall Signs. (A) Wall signs, including illuminated reader- boards, may be erected or maintained but shall not exceed in gross area fifteen percent of the building frontage occupied by the tenant. (B) Wall signs may not project more than eighteen inches from the wall or extend above the wall to which they are attached. (C) In buildings where one or more tenant(s) occupy a portion of a building which does not include any portion of an exterior wall having exposure to a public street, allowable wall sign area will be computed in the following manner: ( i) Each tenant not having building frontage may have a wall sign on the wall having street exposure (front wall) provided it does not exceed in sign area that portion of sign area permitted that front wall tenant having the smallest proportion of allowable sign area. ( ii) In this type of building the allowable proportion of front wall sign area shall be computed as fifteen percent of the total building face. (iii) A wall sign program shall be established for all multitenant buildings; no new permit shall be issued until such a program is established. iv) On preexisting buildings, each new tenant will adhere to the established program. (D) If it is determined under the development review process that the wall sign's visual appeal and overall design quality would be served, an additional fifty percent of the allowable sign area may be permitted. No copy will be per- mitted, however, in the additional area permitted. For pur- poses of this subsection, "copy" includes symbols, logos and letters. (E) Wall signs painted directly onto the wall sur- face shall not exceed in gross wall area fifteen percent of the face of the building they are painted upon, and the vertical dimension of the sign cannot exceed twenty percent of the height of the wall. . (F) One freestanding or wall sign will be permitted offering the premises for sale or rent. -Total area of such sign shall not exceed seventy square feet. (.3) The signs specified in Section 18.114.060(a) are allowed, subject to any restrictions imposed by this title. (g)- Other Requirements Which Shall Apply to Commercial and Industrial Zones. If it is determined under the develop- ment review process that the sign's visual appeal and overall design quality would be served while maintaining the intent and purpose of this chapter, an additional fifty percent of .the allowable sign area and twenty-five percent of sign height may be permitted. No copy will be permitted in the additional 314-73 (Tigard 4/84) 18.114. 130 area or height. For purposes of this subsection the word "copy" includes symbols, logos and figures, as well as letters. (1) Each freestanding sign shall be surrounded by an area set aside to protect the sign from vehicles negotiating in the parking area of the business to which the sign relates, and the area set aside shall be landscaped. (A) The size and shape of the area set aside and the landscaping shall be represented on the plot plan required by permit and shall be subject to the review and control of the director or his agent, under the development review process. (B) On existing sites where a landscape island is not feasible, the minimum clearance between the lowest portion of a freestanding sign and the ground is fourteen feet in any vehicle maneuvering area. (2) No freestanding sign, nor any portion of any freestanding sign, shall be located or project over any portion of a street, sidewalk or other public right-of-way or property unless an exception has been granted. (3) When a premises contains more than a single tenant but is not defined as a shopping center, the provisions of a freestanding sign shall take into consideration the need for providing a signing system which is harmonious in appear- ance and legible. (A) The building owner shall provide, at his own expense, a common support for all tenant signage. (B) Up to an additional fifty percent of sign copy area may be permitted under the design review process so as to adequately identify the separate tenants when deter- mined that the increased sign area will not deter from the purpose of this chapter. (4) Shopping centers or industrial parks, defined as areas of not less than eight business units and consisting of not less than four acres, shall establish a single sign- inq_ format. (A) The sign shall include the complex name and street number. (B) Up to an additional fifty percent of sign area may be permitted under the development review process to adequately identify the complex when determined that the increased sign area will not deter from the purpose of this chapter. (C) This increase should be judged according to unique identification needs and circumstances which necessitate additional area to make the sign sufficiently legible. (D) When a shopping center or industrial park has more than one main entrance on separate frontages, a second freestanding sign may be allowed under the design review process. The two allowable signs shall face separate frontages and are not intended to be viewed simultaneously. (Ord. 83-52 Exhibit A(part) , 1983) . 314-74 (Tigard 4/84) 18.114.;140--18.114.150 18.114.140 Exceptions. (a) The commission or, on re- view, the council, may grant exceptions to the requirements of this chapter when the applicant demonstrates that, owing to special or unusual circumstances relating to the design, structure or placement of the sign in relation to other struc- tures or land uses or the natural features of the land, the literal interpretation of this chapter would. interfere with the communicative function of the sign without corresponding public benefit. (b) When the commission or the council approves an ex- ception the rights thereby given to the applicant shall con- tinue to exist and to belong to the applicant or any other owner of the land for a period of one year from the date of final approval. . (1) If, at the expiration of one year from the date of approval, construction of the structure or initiation of the use giving rise to the need for the exception has not begun, the rights given by the exception approval shall ter- minate without further action by the city, the commission or the council. (2) The rights shall also terminate at or after the expiration of one year from approval if, though commenced within one year, construction ceases and is not resumed within sixty days. (Ord. 83-52 Exhibit A(part), 1983). 18.114.145 Approval criteria for exceptions to sign code. The planning commission shall approve, approve with conditions, or deny a request for an exception to the sign code based on findings that at least one of the following criteria are satisfied: (1) The proposed sign code exception is necessary be- cause a conforming building or sign on an adjacent property would limit the view of a sign erected on the site in con- formance with the sign code standards; (2) The proposed exception to the height limits in the sign code is necessary to make the sign visible from the street because of the topography of the site; (3) There is an access drive which services the busi- ness or service from a street other than the street which it is located on. (Ord. 84-22 §1, 1984). 18.114.150 Application submission requirements. (a) All applications shall be made on forms provided by the director and shall be accompanied by: (1) Three copies for review by the director of the sign plan(s) and any necessary data or narrative which explains how the sign plan proposal conforms to the standards: (A) Sheet size for an accessory use or structure site plan(s) and required drawings shall be drawn on sheets not to exceed eighteen inches by twenty-four inches, and 314-75 (Tigard 9/84) j 18.114.150 (B) The scale of the sign site plan shall be twenty, fifty, one hundred or two hundred feet to the inch, (.C) All drawings of the sign elevations and structural components shall be a standard architectural scale, being one-fourth inch or one-eighth inch; (2) The required fee. (b) The proposed sign site plan shall include the fol- lowing information: (1) The location of the proposed sign, and all exist- ing signs on the site; (2) The location of all existing and proposed build- ings on the site; (3) The location of all existing and proposed streets and rights-of-way, including names and widths; and (4) The location of all overhead power and utility lines located on the site. 314-75a (Tigard 9/84) l , 18.114.150 (c) The proposed sign architectural plans shall include the following information: (1) The sign dimensions; (2) The materials and colors to be used; (3) The height of the sign above the ground; (4) The source and intensity of any illumination; (5) Construction drawings indicating size of footings, anchorages and welds; (6) The director may require engineers' calculations for sign construction, anchorage and footing requirements, in- cluding wind resistance and seismic forces, all in conformance with the requirements of the Uniform Building Codes in accord- ance with Section 18.32.080(a). All sign structures on or near a building shall conform to the State Fire Life Safety require- ments and the Uniform Building Code requirements of the build- ing, structure or area where it is erected; and (7) All electrical illuminated signs shall bear the Underwriters' Laboratory label or equivalent. (Ord. 83-52 Exhibit A(part) , 1983). Chapter 18.120 SITE DEVELOPMENT REVIEW Sections: 18.120.010 Purpose. 18.120.020 Applicability of provision. 18.120.030 Administration and approval process. 18.120.040 Expiration of approval--Standards for extension of time. 18.120.050 Phased development. 18.120.060 Bonding and assurances. 18.120.070 Major modification to approved plans. 18.120.080 Minor modification(s) of a site development review. 18.120.090 Application submission requirements. 18.120.100- Additional information required and waiver of requirements. 18.120.110 Site conditions. 18.120.120 The site development plan. 18.120.130 Grading plan. 18.120.140 Architectural drawings. 18.120.150 Landscape plan. 18.120.160 Sign drawings. 18.120.170 Exceptions to standards. 18.10.180 Approval standards. 314-76 (Tigard 4/84) 18.26.030 "City" means the area within the territorial limits of the city of Tigard. "City of Tigard" means the governing structure for the municipality of Tigard, Oregon. "Commercial use" refers to establishments or places engaged in.the distribution and sale or rental of goods, and the provision of services including, but not limited to, the following: retail and wholesale trade establishments, repair and maintenance service establishments, professional offices and services, financial institutions, hotels and motels and uses deemed by the director as similar to these. "Commission" means the planning commission of Tigard, Oregon. "Compatibility" shall be interpreted as capable of orderly efficient integration of housing types in a har- monious combination. Compatability shall be determined in accordance with the following matrix: Existing Use S.F. Detached S.F. Detached obile Hm.Park uplex S.F. Attached Multifamily (Zero Lot Line) - ID S.F. Detached YES YES Conditional YES YES 2 units NO No-over 2 S.F. Detached (Zero Lot Line) YES YES Conditional YES YES NO Mobile Home Park Conditional Conditional YES YES YES YES Duplex YES YES YES YES YES YES S.F. Attached Yes 2 units YES YES YES YES YES Multi-family YES YES YES YES YES YES rN 4ri 205 (Tigard 4/85) 18.40.020 Dwelling Minimum Units Per Lot Size in Zoning District Map Symbol Net Acre Square Feet Low Density Single-family residential-detached R-1 1.2 30,000 Single-family residential detached R-2 1.7 20,000 Single-family residential detached R-3.5 3.5 10,000 Single-family residential detached R-4.5 4.5 7,500 Medium Density Single-family residential-- detached/attached R-7 7/12 5,000/3,050 Multiple-family residential R-12 12 3,050 Medium High Density Multiple-family residential R-20 20 1,850 High Density Multiple-family residential R-40 40+ none Commercial Neighborhood commercial C-N 5,000 General commercial C-G none Professional administrative office C-P 6,000 Central Business District Central business district CBD none Industrial Industrial park I-P none Light industrial I none Heavy industrial I-H none Overlay Zones Planned development PD Historic district HD Sensitive lands SL Established areas RE, CE, IE Developing areas RD, CD, ID (Ord. 83-52 Exhibit A(part), 1983). 18.40.020 Zoning district map. (a) The boundaries of each of the districts listed in the table in Section 18.40.010 and the zoning classification and use of each tract in each of the zoning districts is prescribed to coincide with the identifying zone classifications shown on the map entitled "Tigard Zoning District Map," dated with the effective date of this code and signed by the mayor and city recorder and 248 (Tigard 4/84) l ) 18.42.020 sports and recreation or transient lodging. Typical uses include photography studios, driving schools and trade schools or reducing salons. (24) Professional and Administrative Services. Refers to offices of private firms or organizations which are primarily used for the provision of professional, execu- tive-management or administrative offices, legal offices, architectural or engineering firms. (25) Research Services. Refers to establishments primarily engaged in research of an industrial or scientific nature which is generally provided as a service or which is conducted by and for a private firm, but excludes medical testing and analysis. Typical uses include electronics re- search laboratories, environmental research and development firms, or pharmaceutical research labs. (26) Scrap Operations. (A) Salvage. Refers to places of business primarily engaged in the storage, sale, dismantling or other processing of used, source-separated, or waste materials which are not intended for reuse in their original form. Typical uses include automotive wrecking yard, junkyards, or paper salvage yards. (B) Recycling Collection Center. Refers to fa- cilities where glass, cans and papers are collected for the purpose of being transferred to a paper salvage or recycling facility. (27) Spectator Sports and Entertainment Facilities. Refers to establishments or places primarily engaged in the provision of cultural, entertainment, athletic and other events to spectators. Typical uses include convention centers and sport stadiums. (28) Transient Lodging. Refers to establishments primarily engaged in the provision of lodging services on a temporary basis with incidental food, drink and other sales and services intended for the convenience of guests. Typical uses include hotels, motels or bed and breakfast houses. (29) Vehicle Fuel Sales. Refers to establishments or places of business primarily engaged in the retail sale, from the premises, of petroleum products with incidental sale of tires, batteries and replacement items, lubricating serv- ices and minor repair services. Typical uses include auto- mobile service stations, filling stations or truck stops. (d) Industrial Use Types. Industrial use types include the on-site production of goods by methods not commercial, agricultural or extractive in nature. (1) Light Industrial. (A) Manufacturing of Finished Products. Refers to the manufacturing of finished products from previously pre- pared materials (excluding raw materials). 257 (Tigard 4/84) 18.t- !050--18.60.060 18.60.050 Dimensional lot requirements. Dimensional lot requirements for the C-N district are as follows: (1) The minimum lot size shall be five thousand square feet. (2) The minimum lot width shall be fifty feet. (3) The minimum setback requirements are as follows: (A) The front yard setback shall be twenty feet; (B) On corner lots and through lots, the setback shall be twenty feet on any side facing a street; however, the provisions of Chapter 18.102, Visual Clearance Areas, must be satisfied; (C) No side yard setback shall be required, except twenty feet shall be required where the C-N zone abuts a residential zoning district; (D) No rear yard setback shall be required except twenty feet shall be required where the C-N zone abuts a residential zoning district; (E) All building separations shall meet all Uniform Building Code requirements. (4) Except as otherwise provided in Chapter 18.98, Build- ing Height Limitations, no building in the C-N zoning district shall exceed thirty-five feet in height. (5) The maximum site coverage shall be eighty-five per- cent, including all buildings and impervious surfaces. (6) The minimum landscaping requirement shall be fif- teen percent. (Ord. 84-29 51(Exhibit A(part)), 1984; Ord. 83-52 Exhibit A(part), 1983). 18.60.060 'Additional requirements. Additional require- ments in the C-N district are as follows: Al) Off-street parking and loading, Chapter 18.106; (2) Access and egress, Chapter 18.108; (3) Landscaping and screening, Chapter 18.100; (4) Signs,.Chapter 18.114; (5) Nonconforming situations, Chapter 18.132; (6) Sensitive lands, Chapter 18.84. (Ord. 83-52 Exhibit A(part) , 1983) . Chapter 18.62 C-G (GENERAL COMMERCIAL DISTRICT) Sections: 18.62.010 Purpose. 18.62.020 Procedures and approval process. 18.62.030 Permitted uses. 18.62.040 Conditional use (Chapter 18.130). 18.62.050 Dimensional requirements.. 18.62.060 Additional requirements. 278 (Tigard 9/84) 18. )010--18.62.030 18.62.010 Purpose. The purpose of the general com- mercial areas is to provide for major retail goods and serv- ices. (1) The uses classified as general commercial may involve drive-in services, large space users, a combination of retail, service, wholesale and repair services or provide services to the traveling public. (2) The uses range from automobile repair and services, supply and equipment stores, vehicle sales, drive-in restau- rants to laundry establishments. (3) It is intended that these uses be adjacent to an arterial or major collector street. (Ord. 83-52 Exhibit A(part), 1983). 18.62.020 Procedures and approval process. (a) A use permitted outright, Section 18.62.030, is a use which requires no approval under the provisions of this code. If a use is not listed as a use permitted outright, it may be held to be a similar unlisted use under the provisions of Chapter 18.43, Unlisted Uses. (b) A conditional use, Section 18.62.040, is a use the approval of which is discretionary with the hearings officer. The approval process and criteria for approval are set forth in Chapter 18.130, Conditional Uses. If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Chapter 18.43, Unlisted Uses. (Ord. 83-52 Exhibit A(part), 1983). 18.62.030 Permitted uses. Permitted uses in the C-G district are as follows: (1) Civic Use Types. (A) Public agency administrative services; (B) Cultural exhibits and library services; (C) Public support facilities; (D) Lodge, fraternal and civic assembly; (E) Parking services; (F) Postal services; (G) Public safety facilities. (2) Commercial Use Types. (A) Agricultural sales; (B) Amusement enterprises; (C) Animal sales and services: ( i) Grooming, (ii) Veterinary, small animals; (D) Automotive and equipment: ( i) Cleaning, (ii) Repairs, light equipment; (E) Business support services; (F) Convenient sales and personal services; (G) Day care facilities; 279 (Tigard 4/84) 18.02.040--18.62.050 (H) Eating and drinking establishments; (I) Financial, insurance and real estate services; (J) Food and beverage retail sales; (K) Funeral and interment services: ( i) Cremating, (ii) Undertaking; (L) General retail sales; (M) Medical and dental services; (N) Participation sports and recreation: ( i) Indoor, (ii) Outdoor; (O) Personal services, general; (P) Professional and administrative services; (Q) Consumer repair services; (R) General retail sales; (S) Spectator sports and entertainment facilities; (T) Transient lodging. (Ord. 83-52 Exhibit A(part), 1983). 18.62.040 Conditional use (Chapter 18.130). Conditional uses in the C-G district are as follows: (1) Adult entertainment; (2) Automotive and equipment: (A) Fleet storage, (B) Sales/rental, farm equipment, (C) Sales/rental, heavy equipment, (D) Sales/rental, light equipment, (E) Storage, recreational vehicles and boats; (3) Wholesaling, storage and distribution: (A) Miniwarehouses; (4) Utilities; (5) Heliports, in accordance with the Aeronautics Division (ODOT) and the FAA; (6) Hospitals; (7) Spectator sport facilities; (8) Vehicle fuel sales. (Ord. 83-52 Exhibit A(part), 1983). 18.62.050' Dimensional requirements. Dimensional re- quirements in the C-G district are as follows: (1) There is no minimum lot area required. (2) The average minimum lot width shall be fifty feet. (3) The minimum setback requirements are as follows: (A) There shall be no minimum front yard setback requirement, however, conditions in Chapter 18.102, Visual Clearance Areas, and Chapter 18.100, Landscaping and Screen= ing, must be met; (B) On corner lots and through lots, there shall be no minimum setback requirement, however, the provisions of Chapter 18.102, Visual Clearance Areas, must be satisfied; 280 (Tigard 9/84) 13.t )060--18.64.010 (C) No side yard setback shall be required, except twenty feet shall be required where the C-G zone abuts a residential zoning district; (D) No rear yard setback shall be required, except twenty feet shall be required where the C-G zone abuts a residential zoning district. (4) Except as otherwise provided in Chapter 18.98, Building Height Limitations, no building in a C-G zone shall exceed forty-five feet. (5) The maximum site coverage shall be eighty-five percent, including all buildings and impervious surfaces. (6) The minimum landscaping requirement shall be fif- teen percent. (Ord. 84-30 S1, 1984; Ord. 84-29 51(Exhibit A (part)), 1984; Ord. 83-52 Exhibit A(part), 1983). 18.62.060 Additional requirements. Additional require- ments in the C-G district are as follows: (1) Off-street parking and loading, Chapter 18.106; (.2) Access and egress, Chapter 18.108; (.3) Landscaping and screening, Chapter 18.100; (4) Signs, Chapter 18.114; (5) Nonconforming situations, Chapter 18.132; (6) Sensitive lands, Chapter 18.84. (Ord. 83-52 Exhibit A(part), 1983). Chapter 18.64 C-P (PROFESSIONAL/ADMINISTRATIVE OFFICE COMMERCIAL DISTRICT) Sections: 18.64.010 Purpose. 18.64.020 Procedures and approval process. 18.64.030 Permitted uses. 18.64.040 Conditional use (Chapter 18.130). 18.64.050 Dimensional requirements. 18.64.060 -Additional requirements.- 18.64.010 Purpose. (a) The purpose of the C-P dis- trict is: (1) To provide for groups of business and offices in centers; (2) To accommodate the location of intermediate uses between residential districts and areas of more intense development; (3) To provide opportunities for employment and for business and professional services in close proximity to residential neighborhoods and major transportation facilities; 281 (Tigard 9/84) 18 "4.040--18.96.020 (q) The maximum number of manufactured/mobile homes in the park or subdivision shall not exceed the amount calculated in Chapter 18.92. (Ord. 84-29 §1(Exhibit A(part)), 1984; Ord. 83-52 Exhibit A(part), 1983). 18.94.040 Nonconforming mobile homes. (a) Mobile home parks existing at the adoption of the ordinance codified in this title not meeting the standards set forth in this title shall be considered nonconforming and are subject to the standards set forth in Section 18.132.040(b). (b) Nonconforming mobile homes in such parks may be replaced with like mobile homes that meet the standards of Section 18.94.030 when they are moved or destroyed. (Ord. 83-52 Exhibit A(part), 1983). Chapter 18.96 ADDITIONAL YARD SETBACK REQUIREMENTS AND EXCEPTIONS Sections: 18.96.010 Purpose. 18.96.020 Additional setback from centerline required. 18.96.030 Distance between multiple-family residential structure and other structures on the site. 18.96.040 No yard required--Structure not on property line. 18.96.050 Exceptions to yard requirements. 18.96.060 Storage in front yard. 18.96.070 Projections into required yarids. 18.96.080 Lot area for flag lots. 18.96.090 Front yard determination. 18.96.010 Purpose. The purpose of this chapter is to permit or afford better light, air and vision clearance on more heavily traveled streets and on streets of substandard width, to make the location of structures compatible with the need for the eventual widening of streets by providing for additional yard setback distances, to assure there is adequate distance between buildings on the site and to pro- vide standards for projections into yard areas. (Ord. 83-52 Exhibit A(part), 1983). 18.96.020 Additional setback from centerline required. (a) To assure improved light, air and sight distance, and to protect the public health, safety and welfare, structures in any zoning district which abut certain arterial and collec- tor streets shall be set back a minimum distance from the centerline of the street. 314-14 (Tigard 9/84) y 18.96.020 (b) Where the street is not improved, the measurement shall be made at right angles from the centerline or general extension of the street right-of-way. (1) Arterial Streets. The required setback distance for buildings on arterial streets is the setback distance re- quired by the zoning district plus the following distances measured from the centerline of the street: Street Names Additional Centerline Setback Requirement (in feet) S.W. Pacific Highway within city limits 50 Hall Boulevard 45 Scholls Ferry Road- 50 Durham Road (between Hall Boulevard and Upper Boones Ferry) 45 Upper Boones Ferry Road 45 (2) Collector Streets. The required setback distance for buildings on the following collector streets is the setback distance required by the zoning district plus thirty feet measured from the centerline of the street. Street Names Ash Avenue Atlanta - Haines (east of 68th Avenue) Atlanta (west of 68th Avenue) Beef Bend Road Bonita Road Bull Mountain Road Burnham Street Cascade Boulevard Commercial Street Durham (Pacific Highway-Hall Boulevard) Franklin Street Gaarde Street Grant Avenue Greenburg Road Hunziker Road Main Street McDonald Street Murdock Street North Dakota Avenue Oak (west of Hall) Pfaffle Street Sattler Street (forty feet pavement between 100th and Hall) Summerfield Drive Tiedeman Avenue 314-15 (Tigard 4/84) 18.96.030 Tigard Street Walnut Street 68th Avenue 68th Avenue (south of Pacific Highway) 70th (south of Pacific Highway) 72nd Avenue 97th Avenue 98th Avenue 110th Avenue 121st Avenue Planned, Dartmouth to Pfaffle connection Planned, Hampton to 69th (westerly loop road). (c) The minimum yard requirement shall be increased in the event a yard abuts a street having a right-of-way width less than required by its functional classification on the city's transportation plan map and in such case the setback shall be not, less than the setback required by the zone plus one-half of the projected road width as shown on the transportation map. (d) The minimum distance from the wall of any structure to the centerline of an abutting street, however, shall not be less than twenty-five feet plus the yard required by the zone. This provision shall not apply to rights-of-way of fifty feet or greater in width. (Ord. 83-52 Exhibit A(part), 1983). 18.96.030 Distance between multiple-family residential structure and other structures on the site. (a) To provide privacy, light, air and access to the multiple and attached residential dwellings within a development, the following separations shall apply: (1) Building with windowed walls facing buildings with windowed walls shall have a twenty-five foot separation; (2) Buildings with windowed walls facing buildings with a blank.wall shall have a fifteen-foot separation; (3) Buildings with opposing blank walls shall have a ten-foot separation; (4) Building separation shall also apply to build- ings having projections such as balconies, bay windows and room projections; (5) Buildings with courtyards to maintain separation of opposing walls as listed in subdivisions (1), (2) and (3) of this subsection for walls in separate buildings. (b) Where buildings exceed a horizontal dimension of sixty feet or exceed thirty feet in height, the minimum wall separation shall be one foot for each fifteen feet of build- ing length over fifty feet and two feet for each ten feet of building height over thirty feet. (c) Driveways, parking lots and common or public 314-16 (Tigard 4/84) 18.9'040--18.96.070 walkways shall maintain the following separation for dwelling units within eight feet of the ground level: (1) Driveways and parking lots shall be separated from windowed walls by at least eight feet; walkways running parallel to the face of the structures shall be separated by at least five feet; (2) Driveways and parking lots shall be separated from living room windows by at least ten feet; walkways run- ning parallel to the face of the structure shall be separated by at least seven feet. (Ord. 83-52 Exhibit A(part), 1983). 18.96.040 No yard required--Structure not on property line. In zoning districts where a side yard or a rear yard setback is not required, a structure which is not to be built on the property line shall be set back from the property line by a distance in accordance with the Uniform Building Code requirements. (Ord. 83-52 Exhibit A(part), 1983). 18.96.050 Exceptions to yard requirements. (a) If there are dwellings on both abutting lots with front yard depths less than the required depth for the zone, the depth of the front yard for the intervening lot need not exceed the average depth of the front yards of the abutting lots. (b) If there is a dwelling on one abutting lot with a front yard of less depth than the required depth for the zone, the front yard for the lot need not exceed a depth one-half- way between the depth of the abutting lot and the required front yard depth. (Ord. 83-52 Exhibit A(part), 1983). 18.96.060 Storage in front yard. Boats, trailers, campers, camper bodies, house trailers, recreation vehicles or commercial vehicles in excess of three-quarter ton capacity shall not be stored in a required front yard in a residential zone. (Ord. 83-52 Exhibit A(part), 1983). 18.96.070 Projections into required yards. (a) Cornices, eaves, belt courses, sills, canopies or similar architectural features may extend or project into a required yard not more than thirty-six inches provided the width-of such yard is not reduced to less-than three feet. (b) Fireplace chimneys may project into a required front, side or rear yard not more than three feet; provided the width of such yard is not reduced to less than three feet. ,(c) Open porches, decks or balconies, not more than thirty-six inches in height and not covered by a roof or canopy, may extend or project into a required rear or side yard provided such natural yard area is reduced to less than three feet and the deck is screened from abutting properties. Porches may extend into a required front yard not more than thirty-six inches. 314-17 (Tigard 4/84) 18.9l'-?080--18.98.010 (d) Unroofed landings and stairs may project into re- quired front or rear yards only. (Ord. 83-52 Exhibit A(part), 1983). 18.96.080 Lot area for flag lots. (a) The lot area for a flag lot shall comply with the lot area requirements of the applicable zoning district. (b) The lot area shall be provided entirely within the building site area exclusive of any accessway (see figure in Section 18.96.090). (Ord. 83-52 Exhibit A(part), 1983). 18.96.090 Front yard determination. The owner or developer of a flag lot may determine the location of the front yard; provided no side yard setback area is less than ten feet, and provided the requirements of Section 18.98.030, building heights and flag lots, are satisfied. AREA Nof INGLUvEO N LOT AREA (Ord. 83-52 Exhibit A(part), 1983). Chapter 18.98 BUILDING HEIGHT LIMITATIONS--EXCEPTIONS Sections: 18.98.010 Projections not used for human habitation. 18.98.020 Building height exceptions. 18.98.030 Building heights and flag lots. 18.98.010 Projections not used for human habitation. Projections such as chimneys, spires, domes, elevator shaft housings, towers excluding TV dish receivers, aerials, flag poles and other similar objects not used for human occupancy, are not subject to the building height limitations of this code. (Ord. 83-52 Exhibit A(part), 1983). 314-18 (Tigard 4/84) ' 18. X020--18.98.030 18.98.020 Building height exceptions. Any building located in a nonresidential zone may be built to a maximum height of seventy-five feet; provided: (1) The total floor area of the building does not ex- ceed one and one-half the area of the site; (2) The yard dimensions in each case are equal to at least one-half of the building height of the principal,struc- ture; (3) The approval of this exception is a part of the approval of the conditional use allowed under Chapter 18.130; and (4) The structure is not abutting a residential zoning district. (Ord. 83-52 Exhibit A(part), 1983). 18.98.030 Building heights and flag lots. (a) The maxi- mum height for a single-family, duplex, attached or multiple- family residential structure on a flag lot or a lot having sole access from an accessway, private drive or easement is one and one-half stories or twenty-five feet, whichever is less, except that the maximum height may be two and one-half stories or thirty-five feet, whichever is less, provided: (1) The proposed dwelling otherwise complies with the applicable dimensional requirements of the zoning dis- trict; (2) A residential structure on any abutting lot either is located fifty feet or more from the nearest point of the subject dwelling, or the residential structure exceeds one and one-half stories or twenty-five feet in height on any abutting lot; and (3) Windows fifteen feet or more above grade shall not face dwelling unit windows or patios on any abutting lot unless the proposal includes an agreement to plant trees capable of mitigating direct views, or that such trees exist and will be preserved. (b)' Where an agreement is made to plant trees capable of mitigating direct views, the agreement shall be deemed a condition of approval under the provisions of Section 18.32.250(f). (c) The tree planting agreement shall be a condition of Chapter 18.120, Site Development Review, for three or more attached units or a multiple-family residential struc- ture, or for single detached units, one duplex or two attached residential units, at the issuance of building permits. (Ord. 84-29 §1(Exhibit A(part)), 1984; Ord. 83-52 Exhibit A(part), 1983). 314-19 (Tigard 9/84) 18.100.010--18.100.015 Chapter 18.100 LANDSCAPING AND SCREENING Sections: 18.100.010 Purpose. 18.100.015 Applicability--Approval process. 18.100.020 General provisions. 18.100.030 Street trees. 18.100.035 Location of street trees. 18.100.040 Cut and fill around existing trees. 18.100.050 Replacement of street trees. 18.100.060 Exemptions. 18.100.070 Buffering, screening--General--Uses prohibited in buffer areas. 18.100.080 Buffering/screening requirements. 18.100.090 Setbacks for fences or walls. 18.100.100 Height restrictions. 18.100.110 Screening, special provisions. 18.100.120 Revegetation. 18.100.130 Buffer matrix. 18.100.010 Purpose. The purpose of this chaper is to establish standards for landscaping, buffering and screening of land uses within Tigard in order to enhance the aesthetic environmental quality of the city: (1) By protecting existing street trees and requiring the planting of street trees in new developments; (2) Through the use of plant materials as a unifying element; (3) By using planting materials to define spaces and articulate the uses of specific areas; and (4) By using trees and other landscaping materials to mitigate the efforts of the sun, wind, noise and lack of privacy by the provision of buffering and screening. (Ord. 83-52 Exhibit A(part), 1983). 18.100.015 Applicability--Approval process. (a) The provisions of this chapter shall apply to all development including the construction of new structures (see Section 18.120.020), 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. (b) Where the provisions of Chapter 18.120,.Site Development Review, do not apply, the director shall approve, approve with conditions or deny a plan submitted under the provisions of this chapter. The decision may be appealed as provided by Section 18.32.310(a). 314-20 (Tigard 4/84) 18.100.020 (c) The applicant shall submit a site plan which includes: (1) Location of underground irrigation system sprinkler heads where applicable; (2) Location and height of fences, buffers and screenings; (3) Location of terraces, decks, shelters, play areas and common open spaces; (4) Location, type, size and species of existing and proposed plant materials; and (5) A narrative which addresses: (A) Soil conditions, and (B) Erosion control measures that will be used. (d) The approval standards are the applicable standards contained in this chapter. (Ord. 83-52 Exhibit A(part), 1983). 18.100.020 General provisions. (a) Unless otherwise provided by the lease agreement, the owner, tenant and their agent, if any, shall be jointly and severably responsible for the maintenance of all landscaping which shall be maintained in good condition so as to present a healthy, neat and orderly appearance and shall be kept free from refuse and debris- (b) All plant growth in landscaped areas of developments shall be controlled by pruning, trimming or otherwise so that: (1) It will not interfere with the maintenance or repair of any public utility; (2) It will not restrict pedestrian or vehicular access; and (3) It will not constitute a traffic hazard because of reduced visibility. (c) The installation of all landscaping shall be as follows: (1) All landscaping shall be installed according to accepted planting procedures; (2) The plant materials shall be of high grade; (3) Landscaping shall be installed in accordance with the provisions of this code. (d) 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. (e) Existing plant materials on.a site shall be pro- tected as much as possible, and:. (1) The developer shall provide methods for the pro- tection of existing plant material to remain during the con- struction process; (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 individual trees). 314-21 (Tigard 4/84) 18.100.030--18.100.035 (f) Appropriate methods for the care and maintenance of street trees and landscaping materials shall be provided by the owner of the property abutting the rights-of-way unless otherwise required for emergency conditions and the safety of the general public. (g) The review procedures and standards for required landscaping and screening shall be specified in the conditions of approval during development review and in no instance shall be less than that required for conventional development. (h) No trees, shrub or plantings more than eighteen inches in height shall be planted in the public right-of-way abutting roadways having no established curb and gutter. (Ord. 83-52 Exhibit A(part), 1983). 18.100.030 Street trees. (a) All development projects fronting on a public street, private street, or a private driveway more than one hundred feet in length approved after the adoption of this code shall be required to plant street trees in accordance with the standards in Section 18.100.035. (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 and public works director. (Ord. 83-52 Exhibit A(part), 1983). 18.100.035 Location of street trees. (a) 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 (b) of this section., (b) The specific spacing of street trees by size of tree shall be as follows: ( 1) Small or narrow stature trees (under twenty-five feet tall and less than sixteen feet wide branching) shall be spaced no greater than twenty feet apart. ( 2) Medium-sized trees (twenty-five to forty feet tall, sixteen to thirty-five feet wide branching) shall be spaced no greater than thirty feet apart. ( 3) Large trees (over forty feet tall and more than thirty-five feet wide branching) shall be spaced.no greater than forty feet.- ( 4) Except for signalized intersections as provided in Section 18.100.060(c), trees shall not be planted closer than twenty feet from street intersections, nor closer than two feet from private driveways (measured at the back edge of the sidewalk), fire hydrants or utility poles in order to maintain visual clearance. 314-22 (Tigard 9/84) 18.100.040--18.100.050 ( 5) No new utility pole location shall be estab- lished closer than five feet to any existing street tree. ( 6) Tree pits shall be located so as not to include services (water and gas meters, etc.), in the tree well. ( 7) On-premises services (water and gas meters, etc.), shall not be installed within existing tree well areas. ( 8) Street trees shall not be planted closer than twenty feet to light standards. ( 9-) New light standards shall not be positioned closer than twenty feet to existing trees except when public safety dictates; then they may be positioned no closer than ten feet. (10) Trees shall be planted at least two feet from the face of the curb. (11) 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. (12) Trees shall not be planted within two feet of any permanent hard surface paving or walkway, and the: (A) Space between the tree and the hard surface may be covered by nonpermanent hard surface such as grates, bricks on sand, paver blocks and cobblestones; (B) 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. (c) Trees, as they grow, shall be pruned to provide at least eight feet of clearance above sidewalks and thirteen feet above local street, fifteen feet above collector street:and eighteen feet above arterial street roadway surfaces. (Ord. 84- 29 §1(Exhibit A(part)), 1984; Ord. 83-52 Exhibit A(part), 1983). 18.100.040 Cut and fill around existing trees. (a) Existing trees may be used as street trees if no cutting or filling takes place within the dripline of the tree unless an exception is approved by the director and the public works director. (b) An exception will be approved if: (1) The ground within the dripline is altered merely for drainage purposes; and (2) It can be shown that the cut or fill will not damage the roots and will not cause the tree to die. (Ord. 83-52 Exhibit A(part), 1983). 18.100.050 Replacement of street trees. (a) Existing street trees removed by development projects or other con- struction shall be replaced by the developer with those types of trees approved by the director and public works director. (b) The replacement trees shall be of a size and 314-23 (Tigard 9/84) 18.10 ,960--18.100.080 species similar to the trees that are being removed unless lesser sized alternatives are approved by the director and public works director. (Ord. 83-52 Exhibit A(part), 1983). 18.100.060 Exemptions. (a) Exemptions from the street tree requirements may be granted by the director on a case- by-case basis. (b) Exemptions shall be granted: (1) If the location of a proposed tree would cause potential problems with existing utility lines; (2) If the tree would cause visual clearance problems; or (3) If there is not adequate space in which to plant street trees. (c) The-director may allow trees closer to specified intersections which are signalized, provided the provisions of Chapter 18.102, Visual Clearance, are satisfied. (Ord. 83-52 Exhibit A(part), 1983). 18.100.070 Buffering, screening--General--Uses prohibited in buffer areas. (a) A buffer consists of an area within a required interior setback adjacent to a property line and having a depth equal to the amount specified in the buffer matrix, Section 18.100.130, and containing a length equal to the length of the property line of the abutting use or uses. (b) A buffer area may only be occupied by utilities, screening, sidewalks and bikeways, and landscaping. No build- ings, accessways or parking areas shall be allowed in a buffer area except where an accessway has been approved by the city. (c) A fence, hedge or wall, or any combination of such elements, which is located in any yard is subject to the condi- tions and requirements of Section 18.100.080. (d) It is the intent that these requirements shall pro- vide for privacy and protection and reduce or eliminate the adverse impacts of visual or noise pollution at a development site, without unduly interfering with the view from neighbor- ing properties or jeopardizing the safety of pedestrians and vehicles. (Ord. 83-52 Exhibit A(part), 1983). 18.100.080 -Buffering/screening requirements. (a) Improvements. The minimum improvements within a buffer area shall consist of the following: (1) At least one row of trees with a combination of deciduous and evergreen trees not less than ten feet high for deciduous trees and five feet high for evergreen trees at the time of planting, and spaced not more than fifteen feet apart. This requirement may be waived by the director where it can be demonstrated that such trees would conflict with other pur- poses of this code; 314-24 (Tigard 4/84) 18.100.080 (2) At least 5 five-gallon shrubs or 10 one-gallon shrubs for each one thousand square feet of required buffer area; (3) The remaining area treated shall be treated with ground cover (i.e., lawn, bark, rock, ivy, evergreen shrubs, etc.); (4) Where buffer screening is required the follow- ing standard shall apply in addition to subdivisions (1) and (3) of this subsection: (A) One row of evergreen shrubs shall be planted which will grow to form a continuous hedge at least five feet in height within two years of planting, or (_B) A minimum of a five-foot fence or masonry wall shall be constructed which provides a uniform sight- obscuring screen, (C) An earth berm combined with evergreen plant- ings or fence shall be provided which forms a sight and noise buffer at least six feet in height within two years of instal- lation, (D) All fences and walls shall comply to the requirements set forth in subsection (b) and (c) of this sec- tion and Section 18.100.090, (E) Buffering and screening provisions shall be superseded by the vision clearance requirements of Chapter 18.102 where applicable, (F) In lieu of these standards, a detailed land- scape plan may be submitted for approval by the director, which provides the same degree of desired buffering utilizing alternative designs. (b) Fences and Walls. (1) Fences and walls shall be constructed of any materials commonly used in the construction of fences and walls such as wood or brick, or otherwise acceptable by the director; (2) Such fence or wall construction shall be in compliance with other city regulations; (3) Chain link fences with or without slats shall qualify for screening only in conjunction with evergreen plant materials at the same height or taller than the fence. (c) Hedge.- (1) An evergreen hedge or other dense evergreen landscaping may satisfy a requirement for a sight-obscuring fence where required subject to the height requirement in Section 18.100.090(b)(1) and (2); (2) Such hedge or other dense landscaping shall be properly maintained and shall be replaced with another hedge, other dense evergreen landscaping or a fence or wall when it ceases to serve the purpose of obscuring view; (3) No hedge shall be grown or maintained at a 314-25 (Tigard 4/84) 18.100-090--18.100.110 height greater than that permitted by these regulations for a fence or wall in a vision clearance area as set forth in Chapter 18.102. (Ord. 83-52 Exhibit A(part), 1983). 18.100.090 Setbacks for fences or walls. (a) No fence or wall shall be constructed which exceeds the standards in subsection (b) of this section except when the hearings officer, as a condition of approval, allows that a fence or wall be constructed to a height greater than otherwise per- mitted by this section in order to mitigate against potential adverse effects. (b) Fences or walls: (1) May not exceed three feet in height in a required front yard or six feet on a corner side yard and in all cases shall meet vision clearance area requirements (Chapter 18.102); (2) Are permitted outright in side yards or rear yards to a height of six feet; (3) Located in a side or rear yard and which exceed six feet in height shall be subject to building permit ap- proval; (4) Located in the front yard or corner side yard and which exceed the height limitation shall comply with the setback requirements for structures set forth in the applicable zone; (5) Located within a corner side shall be no closer than two feet from the property line, and shall satisfy visual clearance requirements. (Ord. 83-52 Exhibit A(part), 1983). 18.100.100 Height'restrictions. (a) The prescribed heights of required fences, walls or landscaping shall be measured from the actual adjoining level of finished grade, except that where parking, loading, storage or similar areas are located above finished grade, the height of fences, walls or landscaping required to screen such areas or space shall be measured from the level of such improvements. (b) An earthen berm and fence or wall combination shall not exceed the six-foot height limitation for screening. (Ord. 83-52 Exhibit A(part), 1983). 18.100.110 Screening, special provisions. (a) Screen- ing of Parking and Loading Areas. Screening of parking and loading areas is required. The specifications for this screening are as follows: (1) Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. These design features may include the use of landscaped berms, decorative walls and raised planters. 314-26 (Tigard 4/84) 18.100.120 (2) Landscape planters may be used to define or screen the appearance of off-street parking areas from the public right-of-way. (3) Materials to be installed should achieve a balance between low-lying and vertical shrubbery and trees. (4) Trees shall be planted in landscaped islands in all parking areas, and shall be equally distributed on the basis of one tree for each seven parking spaces in order to provide a canopy effect. (5) The minimum dimension of the landscape islands is three feet and the landscaping shall be protected from vehicular damage by some form of wheel guard or curb. (b) Screening of Service Facilities. Except for one- family and two-family dwellings, any refuse container or dis- posal area and service facilities such as gas meters and air conditioners which would otherwise be visible from a public street, customer or resident parking area, any public facility, or any residential area, shall be screened from view by place- ment of a solid wood fence or masonry wall between five and eight feet in height. All refuse materials shall be contained within the screened area. (c) Screening of Swimming Pools. All swimming pools shall be enclosed with a four and one-half foot fence surround- ing the pool when the pool is greater than eighteen inches deep. Fences shall have a self-latching gate. (Ord. 83-52 Exhibit A(part), 1983). 18.100.120 Revegetation.. (a) Replanting. Where natural vegetation has been removed through grading in areas not af- fected by the landscaping requirements and that are not to be occupied by structures, such areas are to be replanted as set forth in this section to prevent erosion after construction activities are completed. (b) Preparation for Revegetation. Topsoil removed from the surface in preparation for grading and construction is to be stored on or near the sites and protected from erosion while grading operations are underway, and: (1) Such storage may not be located where it would cause suffocation of root systems of trees intended to be preserved. (2) After completion of such grading, the topsoil is to be restored to exposed cut and fill embankments or building pads to provide a suitable base for seeding and planting. (c) Methods of Revegetation. Acceptable methods of re- vegetation include hydromulching or the planting of rye grass, barley or other seed with equivalent germination rates, and: (1) Where lawn or turf grass is to be established, lawn grass seed or other appropriate landscape cover is to 314-27 (Tigard 4/84) 18.100.130 be sown at not less than four pounds to each one thousand square feet of land area. (2) Other revegetation methods offering equivalent protection may be approved by. the approval authority. . (3) Plant materials are to be watered at intervals sufficient to assure survival and growth. (4) The use of native plant materials is encouraged to reduce irrigation and maintenance demands. (Ord. 83-52 Exhibit A(part), 1983). 18.100.130 Buffer matrix. (a) The buffer matrix (Section 18.100.130, Figure 1) shall be used in calculating widths of buffering and screening to be installed between proposed use and abutting zoning districts. (b) An application for a variance to the standards required in Section 18.100.130, Figure 1, shall be processed in accordance with Chapter 18.134. 314-28 (Tigard 4/84) Proposed Use R-)a B R.1 R-2 R-3.5 s!~.P -A- R13 E33 R-40 G=-N Q ~E CeD I-? 2-1 0' 0' 0• 0' 0 10' 10' 1S' 10'(S) 10'(S) 101(s) 151(S) 20'(S) 25, (S) 25' (S) '10' R-2 0' 0• 0' 0' 0 10' 10' 1S' 10'(S) 10'(S) 10'(S) 15'(S) 20'(S) 25'(S) 25'(S) 10' R-].5 0' 0' 0' 0' 0' 10' 10• is, 10'(S) 10•(S) 10'($) is, (S) 20'(3) 25'(S) 25S) 10' R-4.5 0' 0' 0' 0' 0' 10' 10' 1S' 101(5) 101(5) 10'(S) is, (S) 20'(2) 2S' (S) 25 '(S) 10 D o• o' 4. o' 4. 11_' b~ 1~ 101(s) 10•(3) 10'(s) IS'(S) 20'(S) 25'(S) 25'(S) A 10' 10' 10' 10' 0' S. S. S. 10'(S) 101(5) 10'(S) 15'(S) 20'(S) 25'(S) 25'(5) R-12 10• 10' 10' 10' 10' S. S. S. 101(S) 10'($) 10•(S) 151(S) 20'(S) 25'(5) 25'(5) n S' N cc z ° R-20 10' 10' 10' 10' ~0' S' S• S' 10'($) 10•(S) 10'(S) ISI(S) 20'(S) 25'(S) 2S'(S) 0 F. z S' x C n SO .A ~ R-10 1S' 1S' 13' 1S• 5 S• S' S' 1o'(S) 10•(S) 10'(3) ISI(S) 20'(S) 25'(S) 2S' p ` (S) N H A k C) C-H 10'(S) 101('5)• 10'(5) 101(5) 101(5) 10'(S) 10'(S) 101(3) 0' 0' 0' 0' 10' 10' 10' Io'(S) C-C 101(5) 10'(S) 10'(S) 101(S) S 101(3) 10'(S) 101(5) 0' 0• 0• 0' 10' 10' 10' 10'(5) C-P 10'(S) 10'(S) 10'(S) IIOI(S) 101(S) 10'(S) 10'(S) 10'(S) 0' 0' 0' 0' 10• 10' 10' 10'(S) CBD 151(5) 151(5) 151(5) 15•(51 131(5) 131(5) 10'(S) 10'(S) 0' Of 0' 0• 10' 10' 10' 1S'(S) r• ~R I-P 20'(S) 20'(S) 20'(S) 20'(S) 20'(S) 20'(S) 201(3) 20'(S) 10' 10' 10' 10' 0' 0• 10' W 20'(S) rS I-L 25'(S) 2S'(S) 2S'(S) 251(S) 25'(S) 25'(S) 251(S) 25'(3) 10' 10' 10' 10' 0' 0' 0' P 25'(S) I-H 25'(S) 2S'(S) 25'(S) 25'(S) S 25'(S) 25'(S) 251(3) 10' 10' 10' 10' 10' 0' 0' 2S'(S) (S) Indicates screening required. • R-7 D - detached dwelling units. A - attached dwelling units. 18.10'.010--18.102.020 Chapter 18.102 VISUAL CLEARANCE AREAS Sections: 18.102.010 Purpose. 18.102.015 Applicability. 18.102.020 Visual clearance--Required. 18.102.030 Computation--Nonarterial street and accessway twenty-four feet or more in width. 18.102.040 Computation--Arterial. 18.102.050 Computation--Nonarterial street and accessway less than twenty-four feet in width. 18.102.010 Purpose. The purpose of this chapter is to establish standards which will assure proper site distances at intersections in order to reduce the hazard from vehicular turning movements. (Ord. 83-52 Exhibit A(part), 1983). 18.102.015 Applicability. (a) The provisions of this chapter shall apply to all development including the construc- tion of new structures, the remodeling of existing structures (see Section 18.120.020) and to a change of use which increases the on-site parking or loading requirements or which changes the access requirements. (b) Where the provisions of Chapter 18.120, Site Develop- ment Review, do not apply, the director shall approve, approve with conditions or deny a plan submitted under the provisions of this chapter. No notice is required. The decision may be appealed as provided by Section 18.32.310(a). (c) The applicant shall submit a site plan which includes: (1) The location and height of all hedges, trees, plantings, fences or wall structures within the vision clear- ance area as computed in Sections 18.102.030, 18.102.040 and 18.102.050; (2) The location of all access points, parking and circulation areas, loading areas and pedestrian walkways within the vision clearance area as computed in Sections 18.102.030, 18.102.040 and 18.102.050. (Ord. 83-52 Exhibit A(part), 1983). 18.102.020 Visual clearance--Required. (a) Except within the CBD zoning district a visual clearance area shall be maintained on the corners of all property adjacent to the intersection of two streets, a street and a railroad, or a driveway providing access to a public or private street. (b) A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure or temporary or permanent 314-30 (Tigard 4/84) 18.10 030--18.102.050 obstruction (except for an occasional utility pole or tree) exceeding three feet in height, measured from the top of the curb, or where no curb exists, from the street centerline grade, except that trees exceeding this height may be located in this area, provided all branches below eight feet are removed. (Ord. 83-52 Exhibit A(part), 1983). 18.102.030 Computation--Nonarterial street and access- way twenty-four feet or more in width. A visual clearance area for all street intersections, street and accessway intersections (accessways having twenty-four feet or more in width), and street or accessway and railroad track inter- sections shall be that triangular area formed by the right- of-way or property lines along such lots and a straight line joining the right-of-way or property line at points which are thirty feet distant from the intersection of the right-of-way line and measured along such lines. Visual Clearance Area for Corner Lots and Driveways Twenty-four Feet or more in width JJ W Corner Lot 84 u N ca 3 1 O T w u 30' 00 0 cs: ~,J h-- 30' I Right-of-Way (Ord. 83-52 Exhibit A(part), 1983). 18.102.040 Computation--Arterial. On all designated arterial streets the visual clearance area shall not be less than thirty-five feet on each side of the intersection. (See Figure 1, Section 18.100.150.) (Ord. 83-52 Exhibit A(part), 1983). 18.102.050 Computation--Nonarterial street and access- way less than twenty-four feet in width. The visual clear- ance area for street intersections, street and accessway intersections, and street or accessway and railroad track intersections (accessways having less than twenty-four feet in width) shall be that triangular area whose base extends thirty feet along the street right-of-way line in both direc- tions from the centerline of the accessway at the front set- back line of a single-family and two-family residence, and 314-31 (Tigard 4/84) 18.104.010 thirty feet back from the property line on all other types of uses. Visual Clearance Area for Corner Lots and Driveways Less Than Twenty-four Feet in Width 4- Building Setback Line u T $4 30' V p opa: Private Access 30, E- 3 0 (Ord. 83-52 Exhibit A(part), 1983)_ Chapter 18.104 FUEL TANK INSTALLATIONS Sections: 18.104.010 Fuel tank installations. 18.104.010 Fuel tank installations. (a) All above- ground fuel tank installations are prohibited. (b) Underground fuel tanks may be installed in all districts provided: (1) An application for a conditional use permit is approved by the hearings officer in accordance with Section 18.32.160 prior to installation; (2) Application for a conditional use permit is accompanied by a signed, approved document from the applicable fire district. (Ord. 83-52 Exhibit A(part.), 1983). 314-32 (Tigard 4/84) 18.106.020 (6) The location and dimensions of all landscaping, including the type and size of plant material to be used, as well as any other landscape material incorporated into the overall plan; (7) The proposed grading and drainage plans; and (8) Specifications as to signs and bumper guards. (Ord. 84-24 §3(part), 1984; Ord. 83-52 Exhibit A(part), 1983). 18.106.020 General provisions. (a) Parking Dimensions. The dimensions for parking spaces are: (1) Nine feet wide and eighteen feet long for a standard space; (2) Eight and one-half feet wide and fifteen feet long for a compact space; (3) In accordance with the applicable state and federal standards, at least twelve feet wide and eighteen feet long for designated handicapped parking spaces. (b) Building Permit Conditions. The provision and maintenance of off-street and loading spaces are the continu- ing obligation of the property owner, and: (1) No building or other permit shall be issued until plans are presented to the director to show that property is and will remain available for exclusive use as off-street parking and loading space; and (2) The subsequent use of property for which the building permit is issued shall be conditional upon the un- qualified continuance and availability of the amount of park- ing and loading space required by this title. (c) Parking Requirements for Unlisted Uses. (1) Upon application and payment of fees, the director, as provided by Section 18.32.090(a), may rule that a use, not specifically listed in Section 18.106.030, is a use similar to a listed use and that the same parking standards shall apply. No notice need be given. The decision may be appealed as pro- vided by Section 18.32.310(a). The ruling on parking area re- quirements shall be based on findings that the following criteria are satisfied: (A) The use is similar to and of the same general type as a listed use, (B) The use has similar inten"sity, density and off-site impacts as the listed use, and (C) The use has similar impacts on the community facilities as the listed use; (.2) This section does not authorize the inclusion of a use in a zoning district where it is not listed or a use which is specifically listed in another zone or which is of the same general type and is similar to a use specifically listed in another zoning district; (3) The director shall maintain a list of approved 314-34 (Tigard 9/84) 18.106.020 • than two hundred feet from the building or use they are re- quired to serve, measured in a straight line from the build- ing with the following exceptions: (A) Shared parking areas, as provided by subsec- tion (f) of this section for commercial uses which require more than forty parking spaces may provide for the spaces in excess of the required forty spaces up to a distance of three hundred feet from the commercial building or use, (B) Industrial and manufacturing uses which require in excess of forty spaces may locate the required spaces in excess of the forty spaces up to a distance of three hundred feet from the building. (i) Mixed Uses. Where several uses occupy a single structure or parcel of land or a combination of uses are in- cluded in one business, the total off-street parking spaces and loading area is the sum of the requirements of the several uses, computed separately. (j) .Choice of Parking Requirements. When a building or use is planned or constructed in such a manner that a choice of parking requirements could be made, the use which requires the greater number of parking spaces shall govern. .(k) Availability of Parking Spaces. Required parking spaces shall: (1) Be available for the parking of operable passenger automobiles of residents, customers, patrons and employees only; (2) Not be used for storage of vehicles or materials or for the parking of trucks used in conducting the business or use; and (3) Not be rented, leased or assigned to any other. person or organization unless the required number of spaces is stated in Section 18.106.030. (1) Parking--Recreation Vehicles. The parking restric- tions shall not be interpreted to prevent the parking on-site of one unoccupied house or camping trailer and one pleasure boat provided the applicable parking requirements of this code and the provisions of Section 18.106.030 are satisfied. (m) Parking Lot Landscaping. Parking lots shall be land- scaped in accordance with the requirements in Chapter 18.100. (n) Designated Parking for the Handicapped. All parking areas which contain over five required spaces shall be pro- vided with one handicapped parking space for every fifty standard parking spaces. The handicapped parking symbol shall be painted on the parking space or a handicapped parking sign shall be placed in front of each space. Each handicapped parking space shall measure as required in the Uniform Building Code. 314-36 (Tigard 9/84) j ) 18.106.030 (17) Financial, insurance 1 space per-.350 square feet and real estate of gross floor area (18) Food and beverage 1 space per 200 square feet retail sales of gross floor area, plus 1 space for every 2 employees (19) Funeral and interment services (A) Crematory and 1 space per each 4 seats or undertaking 8 feet of bench length in depth, or 1 space per 60 square feet where there are no fixed seats (B) Interring and cemeteries Exempt (20) General retail sales 1 space for each 400 square feet of gross floor area, but not less than 4 spaces for each establishment (21) Laundry service 1 space per 500 square feet of gross floor area, but not less than 3 spaces for each establishment (22) Medical and dental 1 space per 200 square feet service of gross floor area (23) Participant sports. and recreation (A) Indoor 1 space per 300 square feet of gross floor area (B) Outdoor 1 space per 100 square feet, plus 1 space for every 2 employees (24) Personal service 1 space per 500 square feet facilities of gross floor area (25) Research services 1 space for each employee on the largest shift or 1 space per 500 square feet, which- ever is larger (26) Retail sales--Bulky 1 space for each 1000 square merchandise; i.e., -feet of gross floor area but furniture, appliances not less than 10 spaces for each establishment (27) Scrap operations and 1 space per each employee, recycling center but not less than 5 spaces for each establishment (28) Spectator sports and 1 space per 6 seats or 12 entertainment feet of bench length (.29) Transient lodging 1 space for each room plus 1 space for each 2 employees 314-41 (Tigard 4/84) 18.106.040--18.106.050 (d) Industrial Uses. (1) Manufacturing, production 1 space per employee of the processing and assembling largest shift (2) Warehousing 1 space per employee of the largest shift (3) Wholesaling, storage 1 space for each 1000 square and distribution feet of gross floor area (plus l space per 700 square feet of patron-serving area) but not less than 10 spaces for each establishment. (Ord. 83-52 Exhibit A(part), 1983). 18.106.040 Modification to parking requirements. The provisions of this section as to number of spaces may be modi- fied by the director as follows: (1) Compact Car Spaces. Up to twenty-five percent of the required parking spaces may be compact spaces. (2) Group Care Residential Facilities. The director may, upon request, allow a reduction in the number of required off-street parking spaces in housing developments for elderly or handicapped persons if such reduction is deemed appropriate after analysis of the size and location of the development, resident auto ownership, number of employees, possible future conversion to other residential uses. Notice of the decision shall be given as provided by Section 18.32.120 and the deci- sion may be appealed as provided by Section 18.32.310(a). (Ord. 83-52 Exhibit A(part), 1983). 18.106.050 Parking dimension standards. (a) Accessi- bility. Each parking space shall be accessible from a street or other right-of-way, and the access shall be of a width and location as described by Sections 18.108.070 and 18.108.080. (b) Table of Standards. Minimum standards for a standard parking stall length and width, aisle width and maneuvering space shall be determined from the following table: (1) Angle Overall from Stall (C) Channel (A) Aisle (D) Curb Length (B) Curb Width Width- Width per Stall Parallel 9' 910" 1210" 2310" (2) Angle Overall from Stall (C) Channel (A) Aisle (D) Curb Length (B) Curb Width Width Width per Stall 30° 9' 16'10" 1210" 1810" 45° 9' 1911" 1410" 1219" 60° 9' 2011" 1810" 1015" 90° 9' 1890" 24'0" 9101 314-42 (Tigard 9/84) } 18.106.050 1 (3) The width of each parking space includes a four- inch wide stripe which separates each space. (c) Aisle Width. Aisles accommodating two direction traffic, or allowing access from both ends shall be twenty-four feet in width. (d) Angle Parking. Angle parking is permitted; provided, that each space contains a rectangle of not less than nine feet in width and nineteen feet in length and an appropriate aisle width as determined by interpolation of the table in subsection (b) of this section. (e) Service Device. Excluding single-family and duplex residences, except as provided by Section 18.164.030(p), groups of more than two parking spaces shall be served by a service drive so that no backing movements or other maneuvering within a street or other public right-of-way would be required. (1) Service drives shall be designed and constructed to facilitate the flow of traffic, provide maximum safety of traffic access and egress, and maximum safety of pedestrians and vehicular traffic on the site. (f) Street Access. Each parking or loading space shall be accessible from a street and the access shall be of a width and location as described in this code. (g) Parking Space Configuration. Parking space configura- tion, stall and access aisle size shall be in accordance with the minimum standard. (h) Parking Space Markings. Except for single-family and two-family residences, any area intended to be used to meet the off-street parking requirements as contained in this chapter shall have all parking spaces clearly marked using a permanent paint. (L) All interior drives and access aisles shall be clearly marked and signed to show direction of flow and main- tain vehicular and pedestrian safety. (i) Parking Space Surface Requirements. Except for single-family and two-family.residences, all areas used for the parking or storage or maneuvering of any vehicle, boat or trailer shall be improved with asphalt or concrete surfaces according to the same standards required for the construction and acceptance of city streets, and: (1) Off-street parking spaces for single-family and two-family residences shall be improved with an asphalt or concrete surface to specifications as approved by the public works director. (j) Access Drives. Access drives from the street to off-street parking or loading areas shall be designed and con- structed to facilitate the flow of traffic and provide maximum safety for pedestrian and vehicular traffic on the site, and: (1) The number and size of access drives shall be in accordance with the requirements of Chapter 18.108, Access and Egress. 314-43 (Tigard 9/84) 18.106.060 (2) Access drives shall be clearly and permanently marked and defined through use of rails, fences, walls or other barriers or markers on frontage not occupied by service drives. (3) Access drives shall have a minimum vision clear- ance as provided in Chapter 18.102, Visual Clearance Areas. (k) Wheel Stops. Parking spaces along the boundaries of a parking lot or adjacent to interior landscaped areas or sidewalks shall be provided with a wheel stop at least four inches high located three feet back from the front of the parking stall. (1) Drainage. Off-street parking and loading areas shall be drained in accordance with specifications approved by the public works director to assure that ponding does not occur. (1) Except for single-family and two-family resi- dences, off-street parking.and loading facilities shall be drained to avoid flow of water across public sidewalks. (m) Lighting. Artificial lighting on all off-street parking facilities shall be.designed to deflect all light away from surrounding residences and so as not to create a hazard to the public use of any road or street. (n) Signs. Signs which are placed on parking lots shall be as prescribed in Chapter 18.114, Signs. (o) Maintenance of Parking Areas. All parking lots shall be kept clean and in good repair at all times. Breaks in paved surfaces shall be. repaired promptly and broken or splintered wheel stops shall be replaced so that their func- tion will not be impaired. (Ord. 84-29 §1(Exhibit A(part)), ..1984; Ord. 83-52 Exhibit A(part), 1983). 18.106.060 Reservoir areas required for drive-in uses. Ali uses providing drive-in services as defined by this code shall provide on the same site a reservoir for inbound vehicles as follows: Use Reservoir Requirement Drive-in banks 5 spaces/service terminal Drive-in restaurants 10 s-paces/service window Drive-in theaters .100 of the theater capacity Gasoline service stations 3 spaces/pump Mechanical car washes 3 spaces/washing unit Parking facilities Free-flow entry 1 space/entry driveway Ticket dispense entry 2 spaces/entry driveway Manual ticket dispensing 8 spaces/entry driveway Attendant parking 10% of that portion of parking capacity served by the driveway. (Ord. 83-52 Exhibit A(part), 1983). 314-44 (Tigard 9/84) j 18.1C )070--18.106.090 18.106.070 Loading/unloading driveways required on-site. A driveway designed for continuous forward flow of passenger vehicles for the purpose of loading and unloading passengers shall be located on the site of any school or other meeting place which is designed to accommodate more than twenty-five people at one time. (Ord. 83-52 Exhibit A(part), 1983). 18.106.080 Off-street loading spaces. Buildings or structures to be built or altered which receive and distribute material or merchandise by truck shall provide and maintain off-street loading and maneuvering space as follows: (1) Every commercial or industrial use having floor area of ten thousand square feet or more, shall have at least one off-street loading space on-site. (2) One additional space shall be provided for each additional twenty thousand square feet or major fraction thereof. COrd. 83-52 Exhibit A(part), 1983). 18.106.090 Off-street loading dimensions. (a) Each loading berth shall be approved by the city engineer as to design and location. (b) Each loading space shall have sufficient area for turning and maneuvering of vehicles on the site, and: (1) At a minimum, the maneuvering length shall not be less than twice the overall length of the longest vehicle using the facility site. (c) Entrances and exits for the loading areas shall be provided at locations approved by the city engineer in accord- ance with Chapter 18.108. (d) Screening for off-street loading facilities is re- required and shall be the same as screening for parking lots in accordance with Chapter 18.100. (Ord. 83-52 Exhibit A(part), 1983). Chapter 18.108 ACCESS, EGRESS AND CIRCULATION Sections: 18.108.010 Purpose. 18.108.020 Applicability and general provisions. 18.108.025 Applicability. 18.108.030 Joint access. 18.108.040 Public street access. 18.108.050 Required walkway location. 18,108.060 Inadequate or hazardous access. 314-45 (Tigard 4/84) 18.1: )030--18.108.040 of this chapter. No notice is required: The decision may be appealed as provided by Section 18.32.310(a). (c) The applicant shall submit a site plan which in- cludes: (1) The location of the structures on the property and on the adjoining property; (2) The location of parking and loading areas and their dimensions; (3) The location of the circulation area necessary to serve the spaces; (4) The location of the access point(s) on the site and on the adjoining properties; (5) The location of curb cuts on adjoining properties and on the subject site; (6) The location and dimensions of all landscaping, including the type and size of plant material to be used, as well as any other landscape material incorporated into the overall plan; (.7) The proposed grading and drainage plans; and (8) Specifications as to signs.. (Ord. 83-52 Exhibit A(part), 1983). 18.108.030 Joint access. Owners of two or more uses, structures or parcels of land may agree to utilize jointly the same access and egress when the combined access and egress of both uses, structure or parcels of land satisfies the combined requirements as designated in this code, provided: (1) Satisfactory legal evidence is presented to the city attorney in the form of deeds, easements, leases or contracts to establish the joint use; and (2) Copies of the deeds, easements, leases or contracts are placed on permanent file with the city recorder. (Ord. 83-52 Exhibit A(part), 1983). 18.108.040 Public street access. (a) All vehicular access and egress as required in Sections 18.108.070 and 18.108.080 shall connect directly with a public or private street approved by the city for public use and shall be main- tained at the required standards on-a continuous basis. . (b) Vehicular access. to structures shall be provided to residential uses and shall be brought to within fifty feet of the ground floor entrance or the ground floor landing of a stairway, ramp or elevator leading to the dwelling units. (c) Vehicular access shall be provided to commercial or industrial uses, and shall be located to within fifty feet of the primary ground floor entrances. (Ord. 83-52 Exhibit A(part), 1983). 314-47 (Tigard 4/84) 18.10 X050--18.108.070 18.108.050 Required walkway location. (a) Walkways shall extend from the ground floor entrances or from the ground floor landing of stairs of all commercial and industrial uses, ramps or elevators to the streets which provide the re- quired access and egress. (b) Within all attached housing (except two-family dwellings) and multifamily developments, each residential, dwelling shall be connected to the vehicular parking area, and common open space and recreation facilities shall be connected by a walkway system having a minimum width of four feet and constructed of an all-weather material. (Ord. 83-52 Exhibit A(part), 1983). 18.108.060 Inadequate or hazardous access. (a) Applica- tions for building permits shall be referred to the commission for review when, in the opinion of the director, the access proposed: (1) Would cause or increase existing hazardous traffic conditions; or (2) Would provide inadequate access for emergency vehicles; or (3) Would in any other way cause hazardous conditions to exist which would constitute a clear and present danger to the public health, safety and general welfare. (b) Direct individual access to arterial or collector streets as.designated on the Tigard comprehensive plan map: Transportation element, from single-family dwellings and duplex lots established after the effective date of the code codified in this title is hereafter prohibited, except that the city may permit direct access to an arterial or collector street for lots within a subdivision that was approved prior to the effective date of the code codified in this title. See Section 18.106.050(e). (1) In no case shall the design of the service drive or drives require or facilitate the backward movement or other maneuvering of a vehicle within a street, other than an alley; (2) Service drives for multifamily dwellings shall be fully improved with hard surface pavement with a minimum width of: (A) When accommodating two-way traffic, twenty-four feet, or (B) When accomumodatinq one-way traffic, fifteen feet. (Ord. 83-52 Exhibit A(part), 1983). 18.108.070 Minimum requirements--Residential uses. (a) Vehicular access and egress for single-family, duplex or attached single-family dwelling units on individual lots, residential uses shall not be less than the following: 314-48 (Tigard 4/84) ~ ls.los.oso 1 Number Minimum Number Dwelling of Driveways Minimum Minimum Pavement Unit/Lots Required Access Width Width 1 1 15 ft. 10 ft. 2 2 15 ft. 10 ft. or 1 25 ft. 20 ft. 3-6 1 30 ft. (not 24 ft. (curbs to exceed 100 and walkways ft. in length) required). (b) Vehicular access and egress for multiple-family residential uses shall not be less than the following: Minimum Number Dwelling of Driveways Minimum Access Minimum Pavement Units Required Required Sidewalks, Etc. 1-2 1 10 ft. 10 ft.' 3-19 30 ft. 24 ft. if two-way, 15 ft. if one-way: Curbs and 5-foot walkway required 20-49 1 30 ft. 24 ft. if two-way, 15 ft. if one-way: Curbs and 5-foot or 2 30 ft.. walkway required 50-100 2 30 ft. 24 feet: Curbs and 5-foot walkway required 100 + one additional for each 100 spaces 24-foot drive with 5-foot walkway or a public street. (Ord. 83-52 Exhibit A(part), 1983). 18.108.080 Minimum requirements--Commercial and industrial uses. Vehicle access, egress and circulation for commercial and industrial uses shall not be less than the following: 314-49 (Tigard 4/84) 18.10.8.090--18.108.110 Required Minimum Number Parking of Driveways Minimum Access Spaces Required Width Minimum Pavement 0-99 1 30 ft. 24 ft.; curbs required 5-foot sidewalk one side only when abutting dedicated streets with sidewalks 100 and 2 30 ft. 24 ft.; curbs and over 5-foot sidewalk or required 1 50 ft. 40 ft.; curbs and 5-foot sidewalk required. . Additional requirements may be placed as conditions of site design review for truck traffic. (Ord. 84-29 §1(Exhibit A (part)), 1984; Ord. 83-52 Exhibit A(part), 1983). 18.108.090 Width and location of curb cuts. The curb cut standards shall be in-accordance with Section 18.164.030(n). Cross-sections of each street and related standards are shown in Section 18.164.030(z). (Ord. 83-52 Exhibit A(part), 1983). 18.108.100 One-way vehicular access points. Where a pro- posed parking facility indicates only one-way traffic flow on the site, it shall be accommodated by a specific driveway serving the facility, and the entrance drive shall be situated closest to oncoming traffic, and the exit drive shall be situated farthest from oncoming traffic. (Ord. 83-52 Exhibit A(part), 1983). 18.108.110 Planning director's authority to restrict access--Appeal provisions. (a) In order to provide for in- creased traffic movement on congested streets and to eliminate turning movement problems, the director or designee may restrict the location of driveways on the street and require the loca- tion of driveways be placed on adjacent streets upon the find- ing that the proposed access would: (1) Cause or increase existing hazardous traffic conditions; or (2) Provide inadequate access for emergency vehicles; or 0) Cause hazardous conditions to exist which would constitute a clear and present danger to the public health, safety and general welfare. 314-50 (Tigard 9/84) AGENDA ITEM No. 8 Date: March 27, 2007 PUBLIC HEARING (QUASI-] U DICIAL) TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: PUBLIC HEARING CONSIDER A BALLOT MEASURE 37 CLAIM SHILO INN/CASCADE HOTEL CORP., INC. (M372006-00005) The Claimant seeks a waiver of all zoning/development codes and Comprehensive Plan policies which are more restrictive than those in effect on the date of acquisition through a leasehold agreement (March 19, 1997). The amount claimed as compensation without such waiver is in excess of $154,000.00. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Due to Time Constraints City Council May Impose A Time Limit on Testimony i1adm\ca1hyWty counc0tccsignuplph testimony qj m37 shilo inn m372006-00005.doc AGENDA ITEM No. 8 Date: March 27, 2007 This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. PLEASE PRINT Pro onent - (Speaking In Favor Opponent - (Speaking Against) Neutral Name, Address & Phone No. Ime/ ss & Pho o. Name, Address & Phone No. v-,e ~ ~a v i S (.CCI~L/ 0~ 5 sij (oj%H z3 vW 6 X112 ~ -r~~ ~9- s 6 20 -151 Name, Address & Phone No. ame AddrES hone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.