CUP2004-00006 . -.�_
I 20 DAYS = 3/22/2005 (Includes a 42-dar extension) CITY OF TIGARD
�� DATE OF FILING: 1/312005 ommunit�,vevelo ment
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Shaping?{�Better Community
CITY OF TIGARD
`Washington County, Oregon
NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER
Case Numbers: CONDITIONAL USE PERMIT CUP 2004-00006
Case Name: METZGER ELEMENTARY SCHOOL BALL FIELDS
Name of Owner: Ti ard-Tualatin School District 23J
Name of Applicant: Ti ard-Tualatin School District 23J
Address of Applicant: 6960 SW Sandbur Street Ti ard OR 97223
Address of Property: 10350 SW Lincoln Street and 9080/9120/9140 SW Locust Street
Tax Ma /Lot Nos.: Washin ton Co. Tax Assessor's Ma No. 1S135AB, Tax Lots 100/202/203/204
A FINAL ORDER INCORPORATING THE FACfS, fINDINGS AND CON�LUSIONS APPROVING A REQUEST FOR A CONDITIONAL USE. THE CITY Of TIGARD
HEARINGS OFFICER HAS REVIEWED THE APPLI(ANT'S PLANS, NARRATIVE, MATERIALS, COMMENTS OF REVIEWIN� AGENCIES, THE PLANNING DIYISIONS STAFF
REPORT AND RECOMMENDATIONS fOR THE APPLIUITION DESCRIBED IN FURTHER DETAII IN THE STAff REPORT. THE HEARINGS OFFICER HELD A PUBLIC
HEARING ON NOVEMBER 8. 2004 TO RECEIYE TESTIMONY RE6ARDING THIS APPLIfATION. THIS DECISION HAS BEEN BASED ON THE FACTS, FINDINGS
AND CON(LUSIONS CONTAINED WITHIN THIS FINAL ORDER
Request: ➢ The applicant requested Conditional Use approval for a major modification to the newly constructed
Metzger Elementary School site to expand the school site and include three (3) additional properties to construct
ball fields just north of the school. The new play area will be approximately 35,284 square feet. Improvements
to the site and surrounding area include street trees and sidewalks along SW Locust Street, and removal of the
three existing driveways. At the close of the record, the Hearings O�cer conditionally approved the
request, subject to the conditions of approval within this final order.
Zone: R-4.5: Low-Density Residential District. Applicable Review Criteria: Community Development Code
Chapters 18.330, 18.390, 18.510, 18.630, 18.705, 18.725, 18.745, 18.755, 18,765, 18.780, 18.790, 18.795 and
18.810.
Action: ➢ ❑ Approval as Requested 0 Approval with Conditions ❑ Denial
Notice: Notice was published in the newspaper and mailed to:
� Owners of Record Within the Required Distance 0 Affected Government Agencies
� Interested Parties � The Applicants and Owners
The adopted findings of fact and decision can be obtained from the Planning Division/Community Development
Department at the City of Tigard City Hall.
Final Decision:
THIS DECISION IS FINAL ON JANUARY 4, 2005 AND BECOMES
EFFECTIVE ON JANUARY 20, 2005 UNLESS AN APPEAL IS FILED.
Appeal:
The decision of the Review Authority is final for purposes of appeal on the date that it is mailed. Any party with
standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section
18.390.040.G.2. of the Tigard Community Development Code which provides that a written appeal together with
the required fee shall be filed with the Director within ten (10) business days of the date the notice of the
decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard
City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223.
THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON JANUARY 19, 2005.
Questions: If you have any questions, please call the City of Tigard Planning Division at (503) 639-4171.
BEFORE THE LAND USE HEARINGS OFFICER
FOR THE CITY OF TIGARD,OREGON
Regarding an application by the Tigard-Tualatin School ) F I N A L O R D E R
District for a conditional use pernut to construct a ball field)
at the Metzger Elementary School located southwest of SV� CUP 2004-00006
Lincoln and Locust Streets in the City of Tigard, Oregon } (Metzger Elem. Ball Field)
A. SUMMARY
1.The applicant,Tigard-Tualatin School District represented by Etl Murphy &
Associates, requests approval of a conditional use pemut(CUP)for a major modification to
the recently constructed Metzger Elementary School,located at 10350 SW Lincoln Street
and 9080, 9120 and 9140 SW Locust Street; also l�own as talc Lots 100,202,203 and 204
(WCTM 1S135AB). The site is the southwest quadrant of the intersection of SW Lincoln
and Locust Streets.The site is zoned R-4.5 (Low Density Residential). The southem
portion of the site is developed with an elementary school and associated parking and
landscaping. Until recenfly,the northem portion of the site was developed with three single-
family residences with access to SW Locust Street.The applicant removed the structures to
facilitate the development proposed in this application.
2.The applicant now proposes to construct a ball field and associated landscaping
and fencing on the northern portion of the site.
3. City Hearings Officer Joe Turner(the"hearings officer")held a duly noticed
public hearing regarding the application. City staff recommended that the hearings officer
approve the CUP, subject to conditions. The applicant's representative accepted the findings
and conditions of approvals recommended by City staff with certain exceptions and
clarifications. Other than service providers, no one else testified orally or in writing.The
hearings officer held open the public record for four weeks to allow the parties to offer
additional written testimony and evidence.The principal disputed issues in this case include
the following:
a. Whether the tax lot 100, which contains the exisring school,is part of the
"site"for purposes of the application;
b. Whether the applicant is required to provide a planter strip between the
curb and sidewalk along the site's Locust Street frontage;
c. Whether the applicant is required to provide a fence and screening along
the boundaries of the site;
d. Whether the applicant is required to dedicate additional right of way along
the site's Locust Street frontage;
e. Whether the applicant is required to relocate the proposed baseball
backstop structure to provide a 20-foot setback from the potential future Locust Street right
of way; and
f. Whether the applicant is required to agree to dedicate right of way and
construct frontage improvements in the future along the site's Locust Street frontage.
1
4. In this final order,the hearings officer approves the conditional use permit based
on the findings and conclusions provided and incorporated herein and subject to conditions
at the end of this final order.
B. HEARING AND RECORD HIGHLIGHTS
l. The hearings officer received testimony at the public hearing about this
applicarion on November 8,2004.All exhibits and records of testimony are filed with the
Tigard Department of Community DevelopmenL At the beginning of the hearing,the
hearings officer made the declaration required by ORS 197.763. The hearings officer
disclaimed any ex parte contacts, bias or conflicts of interest.The following is a summary
by the hearings officer of selected tesrimony offered at the public hearing in this matter.
2. City planner Morgan Tracy summarized the Staff Report to the Hearings Officer
dated November 5, 2004(the "Staff Report").
a. He requested the hearings officer modify condirion of approval6.A to
require that the applicant construct a combination sidewalk and planter strip that is at least
14 feet wide along the site's Locust Street frontage.
b. He noted that the Code does not require screening where a use is
separated from other uses by a street.TDC 18.745.OSO.A(2). However the condirional use
criteria authorize the hearings officer to require additional screening"if deemed
necessary." Other schools have provided slatted cyclone fences to screen the school from
adjacent uses. He opined that the hearings officer could waive the screening requirement if
the applicant provided statements from adjacent residents stating that they do not want such
screemng.
c. He testified that the Code requires that the applicant dedicate additional
right of way along the site's Locust Street frontage.The Ciry must deny the application if
the applicant refuses to dedicate the required right of way,even though the cost of the
dedication is disproportionate to the impact of the proposed development.The exisring
school,tax lot 100, is part of the current application, because the applicant proposed to
modify the existing conditional use approval as part of this development. Therefore the City
has authority to require that the applicant dedicate right of way and construct a sidewalk
along the site's entire Locust Street frontage.
d. He opined that the applicant should be pernutted to retain the existing six-
foot curb right sidewalk along Locust Street.The applicant could create an 8-foot planter
strip behind the sidewalk to meet code requirements.This would eliminate the need to
relocate existing underground utiliries.
e. He noted that the applicant could request an adjustment to reduce the
required 20-foot setback for the backstop structure to 15 feet.
3. Ed Murphy and Greg Philo testified for the applicant.
a. Mr. Murphy summarized the proposed development. He accepted the
findings and conditions of approval in the Staff Report with certain exceptions.
i. He objected to the conditions of approval requiring that the
applicant dedicate right of way and construct frontage improvements along the site's Locust
Street frontage. Locust Street is fully improved as a two-lane collector street.
CUP 2004-00006 Hearings Officer Final Order
(Metzger Elementary Ball Fie1d) pa8e 2
(A) He objected to conditions requiring the applicant to
construct certain frontage improvements along the site's entire Locust Street frontage,
because the cunent development is limited to the three recendy acquired lots.
(B)He noted that Locust and Lincoln Streets are both
designated collector streets. However the conditions of approval require that the applicant
dedicate 13.5 feet more right of way for Locust Street than the City required for Lincoln
Street. Although Locust Street is planned for extension,it is unlikely to occur in the
foreseeable future.The majority of properties along Locust Street are fully developed and
unlikely to redevelop and dedicate additional right of way.
(C)He argued that the required right of way dedication will
signif'icantly impact the proposed development,because there is insuff'icient area on the site
to allow the applicant to relocate the proposed ball field backstop to comply with setback
requirements from the new right of way.
(D)He argued that the cost of the required right of way
dedicarion and improvements exceeds the impact of the proposed development.The
proposed ball field will not generate any additional vehicle trips on Locust Street To the
contrary,the proposed development removed three existing homes that accessed Locust,
reducing the total number of vehicle trips on Locust Street.The proposed development will
improve traffic operations by eliminating three existing driveways on Locust Street
ii. He objected to condition of approval7,which requires that the
applicant record a restricrive covenant agreeing to participate in a future Local Improvement
District("LID")for construcrion of road improvements on Locust Street. He argued that
the condition requires that the applicant"sign a blank check"for future road improvements
abutting the site.The cost of such improvements will be disproportionate to the traffic
impact of the proposed development.
iii. He argued that the applicant should not be required to provide a
planter strip between the street and the sidewalk.TDC 18.810.070.0 allows an exception to
the planter strip requirements where curbside sidewalks already e�cist on predominant
portions of the street or where it would conflict with utilities or natural features, such as
large trees.The applicant proposed to provide an 8-foot planter strip behind the 6-foot
sidewalk on Locust Street. In this case, the majority of Locust Street is currendy improved
with 6-foot curb-tight sidewalks.The applicant proposed to match the exisring
improvements along the site's frontage. The applicant would have to relocate the e�cisring
sidewalk and a number of underground utilities to construct the required frontage
improvements. Construction of a new sidewalk would also impact several large trees on the
site that the applicant proposed to retain.
iv. He requested the hearings off'icer delete condition of approval 10,
which requires that the applicant install a six-foot high chain link fence with slats to screen
the site from surrounding properties.The Code does not require a fence or screening in this
case, because the school is separated from surrounding properties by a street. In addition,
the buffer matrix,Table 18.745.1, does not require screening for schools. Screening would
limit the school's "visual integration" with the surrounding neighborhood. The applicant
intends to install a cyclone fence around the site at this time,but it may decide to remove the
fence in the future.
v. He requested the hearinas officer hold the record open to allow an
opportunity to submit additional testimony and evidence into the record.
CUP 2004-00006 Hearings Officer Final Order
(Metzger Elementary Ball Field) page j
b. Mr. Philo submitted photographs of the exisring street improvements on
Locust Street on and near the site.
4. At the end of the hearing, the hearings officer ordered the public record held open
for two weeks for the applicant to introduce new evidence and tesrimony. The hearings
officer ordered the record held open for a third week for the public and Ciry staff to respond
to the tesrimony at the hearing and the new evidence the applicant submitted.The hearings
officer held the record open for a fourth week for the applicant to submit a closing
argument.The record in this case closed at 5 PM on December 6,2004.�
C. DISCUSSION
1. City staff provided basic facts about the site and its vicinity and existing and
proposed uses in the Staff Report. Ultimately they recommended that the hearings o�cer
approve the application for the conditional use pernut.The applicant accepted most of the
findings and recommended conditions with the exceptions described more below.The
hearings officer adopts the findings and conclusions in the Staff Report as his own except
to the extent they are inconsistent with the findings and discussion in this final order.
2. Regarding the conditional use permit,substantial evidence in the record shows
that the proposed use does or can comply with the applicable standards for a conditional use
permit That evidence and those findings were not rebutted.The hearings officer relies on
the Staff Report for relevant findings and citarion to supporting evidence on these issues.
3.The hearings officer finds that the existing school on tax lot 100 is part of the
"site"for purposes of this application. In this application the applicant requested approval
of the ball field on tax lots 202,203 and 204 and a modification of the prior CUP approval
for Metzger Elementary School on tax lot 100 to eliminate the screening and buffer
requirements. Whether the applicant could have filed separate applications for construction
of the ball field and modification of the existing CUP is irrelevant.The applicant filed a
single application affecring all four tax lots. Therefore the "site" for purposes of this
application includes all four tax lots and the City can impose additional conditions on tax lot
100,provided such conditions are permitted by the Code and constiturional limitations.
4. The hearings officer further finds that the issue of whether tax lot 100 is part of
the"site" is largely moot.The City revised the proposed conditions of approval to
eliminate most of the frontage improvement requirements. See the November 29,2004
Memorandum from Mr.Tracy to the hearings officer(the "Memorandum"). The applicant
largely accepted the revised conditions. See the December S,20041etter from Mr. Murphy
to the hearings officer.
5.TDC 18.810.070.0 generally requires a planter strip between the curb and
sidewalk. However this section provides an exception:
Where the following conditions exist: there is inadequate right-of-way;the
curbside sidewalks already exist on predominant portions of the street;it
would conflict with the urilities,there are significant natural features (large
trees, water features, etc)that would be destroyed if the sidewalk were
1 While the record was held open the applicant requested that the hearings off'icer delay issuing a decision
until January 3,2005 to allow School District staff an opportunity to review the decision after they return
from the winter break.The applicant agreed to toll the 120-day clock for that purpose.
CUP 2004-40006 Hearings Officer Fina!Order
(Metzger Blementary Ball Field) page q
located as required, or where there are existing structures in close pro�umity
to the street(15 feet or less)
The hearings officer agrees with the applicant and staff that an exception is
wananted in this case,because curbside sidewalks already exist on predominant portions of
the street, and relocation of the existing sidewalk would conflict with existing utilities and
potentially impact e�sting natural features(large trees) on the site.The applicant should be
required to replace the existing driveway aprons with a 6-foot sidewalk as proposed.
Conditions of approval 4 and 6 should be modified to that effect.
6.There is a dispute about whether the applicant is required to provide fencing and
screening around the perimeter of the site. TDC 18.745.050 sets out the buffering and
screening requirements, specifically Table 18.745.1. Schools are not listed in the Table.
However schools are only permitted in the R-4.5 zone as a conditional use.Therefore TDC
18.330.030.B authorizes the hearings officer to require additional screening and buffering
where necessary to ensure that the use is compatible with surrounding uses.
a.The hearings officer finds that a fence is warranted along the perimeter of
the site to prevent balls and other play equipment or children from sri-aying into the street,
The applicant proposed to construct a 6-foot high cyclone fence,along the site's Locust
S�eet frontage consistent with the existing fences on the site. Condirions of approval 10 and
11 should be modified to that effect.
b. The hearings officer further finds that additional screening(slats in the
fence)is not warranted in this case,because the school is site is separated from adjacent
uses by the open playf'ields and intervening streets.
7. TDC 18.810.030.A requires that the applicant dedicate right of way and construct
half-width improvements to current City standards on streets abutting the site. SW Locust
Street abutting the site is designated a major collector in the Washington Square Regional
Center Plan (the"Plan").The Plan requires a minimum 95-foot right of way for most
major collector streets. However as staff and the applicant point out,the Washington Squaze
Regional Center Phase II Implementation Program(hereafter" the Program" ) identifies a
mod�ed design for the section of SW Locust Street between SW Greenburg and SW Hall
(which includes the secrion of road abutting the site). Unforlunately neither the Plan nor the
Program specif'ies a cross-section for the modified street design. Staff note that the Code
requires a 70-to 74foot ri�ht of way for a three-lane collector street Therefore the hearings
officer finds that the existin�7�-foot right of way is sufficient to comply with the modified
design required for this street secrion. No addirional right of way is required. The second
paragraph of cvndition of approval5 should be deteted.
8. Staff argued that the applicant should be required to locate the baseball backstop
structure an additional 17.5 feet from the eacisting right of way (a tota137.5-foot setback)to
accommodate future road improvements. Staff argued that the proposed backstop will be
located within 2.5 feet of the future right of way.Therefore the additional setback is
warranted to ensure the safety of school children on the site.TDC 18.330.030.B authorizes
the hearings off'icer to impose condirions of approval, including requiring additional
setbacks, where necessary to minimize the impact of the proposed use on public facilities.
a. The hearings off'icer�nds that additional setbacks are not warranted in
this case, because the proposed backstop and play fields will not impact the existing or
future public faciliries planned for this area.
CUP 20Q4-00006 Hearings D,�cer Final Order
(Metzger Elementary Ball Field) Page 5
i.There is no substantial evidence that the section of Locust Street
abutting the site will be widened to a 95-foot right of way. As discussed above, the Program
specifies a modified,three-lane,design for this road section,which is likely to require less
nght of way width. There is no reason to require that the applicant relocate the backstop
based on speculative future improvements.
ii. In addition,the backstop will be separated from the right of way
by the minimum 6-foot high cyclone fence required by condition of approval 10. The
hearings officer finds that the fence will prevent children from straying onto the right of
way. Additional setbacks are not warranted to ensure the safety of children playing on the
site.
iii. If necessary,the backstop can be relocated in the future to
accommodate road improvements.
Therefore the hearings officer finds that recommended condition of approval
15 in the Memorandum should be deleted.
9.TDC 18.810.030.A(3)requires that the applicant dedicate right of way and
construct half-street improvements along the site's Locust Street frontage. However the
requirements must be"directly related to and roughly proportional to the impact of the
development."TDC 18.810.020.A.2 The City Engineer may accept a future improvements
guarantee in lieu of street improvements in certain circumstances "if the City could and
would otherwise require the applicant to provide [the improvements]."TDC
18.810.030.A(5). (Emphasis added).
a. The City determined that the circumstances listed in TDC
18.810.030.A(S)exist in this case.Therefore condition of approval7 requires that the
applicant agree to construct frontage improvements in the future after the cross freeway
connections specif'ied in the Washington Square Regional Center Implementation Program
are completed and certain other events occur. However there is no substanrial evidence that
the cost of the required improvements is "direcdy related to and roughly proportional to the
impact of the development."TDC 18.810.020.A and Dolan.
b.The hearings officer finds the condirion of approval 7 is subject to review
under polan, based on the following.
i. A waiver of the right to remonstrate against the formation of a
Local Improvement District("LID") is not subject to Dolan analysis, because the waiver,
by itself, does not result in a loss of property.McClure v. City of Springfield, 39 Or LUBA
329, aff'd 175 Or App 425, 28 P3d 1222(2001), rev den 334 Or App 327 (2002). However
the hearings off'icer finds that condition of approval7 requires more than a waiver of
remonstrance.The condition requires that the applicant actually build the improvements in
the future, not merely waive its right to remonstrance against the formation of a LID.
Therefore the hearings officer finds that the condition is subject to Dolan analysis.
ii. The Dolan rough proportionality analysis does not apply to
actions "taken pursuant to a legislatively adopted scheme that applies to a broad class of
property and [that do not involve] the exercise of discretion ...(or] adjudicarion to deternune
whether and how a government regulation applies to particular property"and that do not
2 TDC 18.810.020 reflects the holding of the US Supreme Court's opinion in Dolan v. City of Tigard,
114 S.Ct. 2309, 129 L.Ed.2d 304(1994).
CUP 2004-00006 Nearings Of,ficer Fina!Order
(Metzger Elementary Ball Field) Page 6
require dedication of property to public use. Dudek v. Umatilla City, 187 Or. App. 504, 510
and 513, 69 P.3d 751 (2003).
iii. In this case the hearings officer finds that TDC 18.810.030.A(3)
is "a legislatively adopted scheme that applies to a broad class of property..."Dudek at
510. However the application of the standard to this site involves the exercise of significant
discretion,because the City must deternune the particular roadway design that applies to this
street section. In addirion, compliance with the condition may require the dedication of
additional right of way, depending on the ultimate street design the City selects.Therefore
the hearings officer finds that condition of approval7 is subject to Dolan's heightened
scruriny test.
c.The hearings of6cer finds that the City failed to bear the burden of proof
that condition of approval7 complies with TDC 18.810.020.A and Dolan.
i.The hearings officer finds that the City demonstrated an essenrial
nexus exists between the impacts of the proposed ball field and the required improvements.
The proposed use will generate some additional vehiculaz and pedestrian traffic in the area,
increasing the need for roads and sidewalks. Children, parents and other spectators will
travel to and from the site to participate in or watch games,pracrices and other activities on
the proposed ball field. Construction of frontage improvements on the site's Locust Street
frontage will alleviate the impacts of that addirional traffic to some extent�Therefore there is
a nexus between the required improvements and the impacts of the use.
ii. However the hearings officer further finds that the City failed to
meet its burden of proof that the cost of potential right of way dedication and construction
of frontage improvements now or in the future is roughly proportional to the impact of the
development.The proposed ball field,located at an exisring school,is unlikely to generate a
sibnificant volume of additional traffic.The City failed to provide any evidence comparing
the cost of right of way dedication and frontage improvements to the impact of the
development.The Ciry has not identified a specific street cross-secaon for Locust Street.
The choice of a particular street design may have a significant impact on the cost of frontage
improvements. Condition of approval7 essentially requires that the applicant agree to write
a"blank check" to the City, agreeing to dedicate right of way and pay for unspecified road
improvements at some time in the future.Therefore the hearings off'icer finds that the City
failed to bear the burden of proof that the cost of the required improvements is roughly
proportional to the impacts of the proposed ball field.
iii.Therefore the hearings officer finds that conditions of approval7
should be deleted.
D. CONCLUSIONS
The hearings o�cer concludes that the proposed conditional use permit does or can
comply with the applicable approval criteria and standards of the Tigard Community
Development Code, provided development that occurs after this decision complies with
applicable local, state, and federal laws and with conditions of approval warranted to ensure
such compliance occurs.
E. DECISION
The hearings officer hereby approves CUP 2004-00006(Nletzger Elementary Ball
Field) as described herein,subject to the following condirions of approval:
CUP 2004-00006 Hearings Officer Final Order
(Metzger Elementary Ball Field) Page 7
COti`DTTIO`TS OF :�PPROVaL
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. ie Planninb llepartmcnt (i��Iorgan 'Tracy, 639-�i171, e�t. ?-1?8) for revie���
and approval:
1. Prior to the issuance of buildin�permits,the ap�licant shall submit a revised
landscape plan that indicates 2- /2 inch caliper size street trees planted 28 feet on
center along S W Locust
2. Prior to site work, the applicant shall provide the City Arborist with a construction
sequenee including installation and removal of tree protecrion devices, clearing,
grading,and paving.
3. Prior to site work, the applicant shall notify the City Arborist when tree protecrion
measures are in place so that he may verify that the measures will function properly
prior to construction.
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for
review and approval:
4. Prior to issuance of a site pemut, a Public Facility Improvement(PFI) permit is
required for this project to cover street trees,sidewalk and any other work in the
public right-of-way. Three(3) sets of detailed public improvement plans shall be
submitted for review to the Engineering Departinent NOTE: these plans are in
addition to any drawings required by the Building Division and should only include
sheets relevant to public improvements. Public Facility Improvement(PFI) pernut
plans shall conform to City of Tigard Public Improvement Design Standards,which
are available at Ciry Hall and the City's web page(www.ci.tigard.or.us).
5. The PFI pemut plan submittal shall include the exact legal name,address and
telephone number of the individual or corporate enrity who rvill be designated as the
" Permittee" ,and who will provide the financial assurance for the�ublic
improvements. For example,specify if the entity is a corporation,limited
partnership,LLC,etc. Also specify the state withu� which the entity is incorporated
and rovide the name of the corporate contact person. Failure to rov�de accurate
information to the Engineering Deparnnent will delay processing of project
documents.
6. The applicant shall submit construction plans to the Engineering Department as a
part of the Public Facility Improvement permit,indicaring that they will construct the
following frontage improvements along SW Locust Street as a part of this project:
A. Reconstructed sidewalk where driveway aprons on SW Locust are presently
located:
B. Street trees in the planter strip spaced per TDC requirements;and
C. Streetlight layout by applicant's engineer,to be approved by City Engineer.
7. An erosion control plan shall be provided as part of the Public Facility Improvement
(PFI) permit drawings. The plan shall conform to the "Erosion Prevention and
Sediment Control Design and Planning Manual,February 2003 edition."
8. A final grading plan shall be submitted showing the existing and proposed contours.
The plan shall detail the provisions for surface drainage of all lots, and show that
they will be graded to insure that surface drainage is directed to the street or a public
storm drainage system approved by the En�ineenng Department. For situations
where the back portions of lots drain away�rom a street and toward adjacent lots,
CUP 2004-00006 Hearings Officer Final Order
(Metzger Elementary Ball Field) Page 8
:.�-
4
appropriate private storm drainage lines shall be provided to sufficiently contain and
convey runoff from each lot.
�` ' 1HE FOLLOWII�G��CUN-I)ll'IUtiS SI��LL��l3F,�SATISFIFD ` , �`
;:-� a YRIOR``TO I1SE:ON'T13E YLAYFI�.LDS.: t :; y: s �' `;
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Snbmit to�the Planning llepartment (l�Torgan Tracy�, 639-=t171, ext. 2428) for review
and approval:
9. Prior to their use,the pla�elds shall be fenced from SW Locust Street with a
minimum 6-foot tall cyclone fence or equivalent fence design approved by the City.
10. Prior to placing the required fencing along SW Locust Street,the applicant shall
ensure that adequate sight distance and v�sion clearance requirements are
maintained.
11. Prior to placement of any signs on site,the applicant shall apply for a sign permit
and supply staff with the appropriate plans to verify compliance with TDC Chapter
18.780.
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for
review and approval:
12. Prior to a final inspection,the applicant shall complete the required public
improvements,obtam conditional acceptance from the Ciry,and prov�de a one-year
ma�ntenance assurance for said improvements.
13. Prior to fmal inspection,the applicant shall provide the City with as-built drawings
of the public improvements as follows: 1) 3 mil mylar,2) a diskette of the as-builts
in " DWG" format,if available;otherwise" DXF" will be acceptable,and 3) the as-
built drawings shall be tied to the City's GPS network. The applicant's engineer
shall provide the City with an electronic file with points for each structure
(manholes,catch basins,water valves,hydrants and other water system features}in
the development, and their respective X and Y State Plane Coordinates, referenced to
NAD 83 (91).
, __ . ,. .,,,�,.
_ . . _
FAILURE .TO;,S�TLSFY ;TH� „CONllITIONS OF zAPYROVAL;-WI1 HIN� :18
. . . _ . . _ _
1�-10NTHS �-OF:;THE �EFI��:CTIVE �.`DATE ,�OF,FTHE` HEARL�IGS;_ OF�'ICER'S
DECLSI0:�1,SHALL RLI�DER 'THE HE�RINGS OFFICER'S DECISIO:� �"OID.
DATED this 3rd day of January, 2005.
�'
� .
,
urner, q.,
,,� Ciry of Tigard Land Use Hearings Officer
�'
CUP 2004-00006 Hearings O,ff'icer Final Order
(Metzge�Elementary Ball Field) Page 9
Agenda Item: 2.1
Hearing Date: November 8 2004 Time: 7:00 PM
STAFF REPORT TO THE
HEARINGS OFFICER CITYOFTIGARD
�'ommur:fty�Devefap�rtent
FOR THE CITY OF TIGARD, OREGON .sjaytn���HetteY�ommu�ity
120 DAYS = 2/8/2005
SECTION I. APPLICATION SUMMARY
FILE NAME: METZGER ELEMENTARY SCHOOL BALLFIED EXPANSION
CASE NOS: on it�ona se Permit P P2 04-00006
OWNER: Tigard-Tualatin School APPLICANT'S Ed Murphy & Associates
District 23J REP.: Attn: Ed Murphy
Attn: Stephen Poage 9875 SW Murdock Street
6960 SW Sandburg Street Tigard, OR 97224
Tigard, OR 97223
PROPOSAL: The applicant is requesting Conditional Use approval for a major
modification to the newly constructed Metzger Elementary School site to
expand the school site and include three (3) additional properties to
construct ball fields J'ust north of the school. The new play area will be
approximately 35,284 square feet. Improvements to the site and
surrounding area include street trees and sidewalks along SW Locust
Street, and removal of the three existing driveway aprons.
LOCATION: 10350 SW Lincoln Street and 9080, 9120 and 9140 SW Locust Street;
WCTM 1 S135AB, Tax Lots 100, 202, 203 and 204.
COMPREHENSIVE
P LAN AN D
ZONING
DESIGNATION: R- 4.5, Low-Density Residential zoning district.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters: 18.330, 18.360, 18.390, 18.510,
18.630, 1$ 705, 18.725, 18.745, 18.755, 18.765, 18.780, 18.790, 18.795,
and 18.810.
SECTION II. STAFF RECOMMENDATION
Staff recommends that the Hearings Officer find that the proposed modification and expansion
of the prior Conditional Use Permit will not adversely affect the hea�th, safety and welfare af the
City and meets the Approval Standards of the Tigard Development Code. Therefore, Staff
recommends APPROVAL, subject to the following recommended Conditions of Approval:
METZGER ELEMENTARY PLAYFIELDS PAGE 1 OF 19
11/8/04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
_ CONDITIONS OF APPROVAL ___
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRlOR TO ISSUANCE OF THE SITE ANDIOR PFI PERMITS:
u mit to t e anning epartment organ racy, , ext. or review an
approval:
1. Prior to the issuance of building permits, the applicant shall submit a revised landscape
plan that indicates 2 '/2 inch cafiper size street trees planted 28 feet on center along SW
Locust.
2. Prior to site work, the applicant shall provide the City Arborist with a construction
sequence including installation and removal of tree protection devices, clearing,
grading, and paving.
3. Prior to site work, the applicant shall notify the City Arborist when tree protection
measures are in place so that he may verify that the measures will function properly
prior to construction.
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review
and approval:
4. Prior to issuance of a site permit, a Public Facility Improvement (PFI permit is required
for this project to cover planter strip, street trees, 8 foot sidewalk an any other work in
the public right-of-way. Three (3) sets of detailed public improvement plans shall be
submitted for review to the Engineering Department. NOTE: these plans are in addition
to any drawings required by the Building Division and should only include sheets re evant
to public improvements. Public Facility Improvement (PFI) permit plans shall conform to
City of Tigard Public Improvement Design Standards, which are available at City Hall and
the City's web page (www.ci.tiqard.or.us).
5. The PFI permit plan submittal shall include the exact legal name, address and telephone
number of the mdividual or corporate entity who iw II be designated as the "Permittee",
and who will provide the financial assurance for the public improvements. For example,
specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state
within which the entity is incorporated and provide the name of the corporate contact
person. Failure to provide accurate mformation to the Engineering Department will delay
processing of project documents.
Additional right-of-way shall be dedicated to the Public along the frontage .of Locust
Street to increase the right-of-way to 43.5 feet from the centerline. The applicant shall
als� dedicate ROW at the radius of the Locust Street intersections at Lincoln Avenue and
90 Avenue. The description shall be tied to the existin right-of-way centerline. The
dedication document shall be on City forms. Instruc�ions are available from the
Engineering Department.
6. The applicant shall submit construction plans to the Engineering Department as a part of
the Public Facility Improvement permit, indicatmg thaf they will construct the following
frontage improvements along SW Locust Street as a part of this project:
A. 8-foot concrete sidewalk with 5-foot planter strip;
B. street trees in the planter strip spaced per TDC requirements;
C. streetlight layout by ap�licant's engineer, to be approved by City Engineer; and
D. driveway apron (if applicable).
7. The applicant shall execute a Restrictive Covenant whereby they agree to complete or
participate m the future improvements of SW Locust Street adjacent to the subject
property, when any of the following events occur:
METZGER ELEMENTARY PLAYFIELDS PAGE 2 OF 19
11/8/04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
A. when the improvements are part of a larger project to be financed or paid for by
the formation of a Local Improvement District,
B. when the improvements are part of a larger project to be financed or paid for in
whole or in part by the City or other public agency,
C. when the improvements are part of a larger pro�ect to be constructed by a third
party and involves the sharing of design and/or construction expenses by the third
party owner(s)of property in addition to the subject property, or
D. when construction of the improvements is deemed to be appropriate by.the City
Engineer in conjunction with construction of improvements by others ad�acent to
the subject site.
8. An erosion control plan shall be provided as part of the Public Facility Improvement (PFI)
permit drawings. The plan shall conform to the "Erosion Prevention and Sediment
Control Design and Plannmg Manual, February 2003 edition."
9. A final grading plan shall be submitted showin� the existing and proposed contours. The
plan shall detail the provisions for surface dramage of all lots, and show that they will be
graded to insure that surface drainage is directed to the street or a public storm drainage
s stem approved by the Engineering Department. For situations where the back portions
o� lots drain away from a street and toward adjacent lots, appropriate private storm
drainage lines shall be provided to sufficiently contain and convey n.inoff from each lot.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO USE OF THE PLAYFIELDS:
u mit to t e anning epartment organ �cy, �����7 , ext. or review an
approval:
10. Prior to their use, the pla�elds shall be screened from properties across SW Locust
Street with the use of a 6 foot tall chainlink fence with slats to match the other
approved fencing around the school site.
11. Prior to placing the required screening fencing alon� SW Locust Street, the applicant
shall ensure fhat adequate sight distance and vision clearance requirements are
maintained.
12. Prior to placement of any signs on site, the applicant shall appIy for a sign permit and
supply staff with the appropriate plans to verify compliance with TDC Chapter 18.780.
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review
and approval:
13. Prior to a final inspection, the applicant shall complete the required public improvements,
obtain conditional acceptance from the City, and provide a one-year maintenance
assurance for said improvements.
14. Prior to final inspection, the applicant shall provide the City with as-built drawings of the
public improvements as follows: 1 3 mil mylar, 2) a diskette of the as-builts in "DWG"
format, if available; otherwise "DX�" will be acceptable, and 3) the as-built drawings
shall be tied to the City s GPS network. The applicant s engineer shall provide the City
with an electronic file with points for each structure (manholes, catch basins, water
valves, hydrants and other water system features} in the develoPment, and their
respective X and Y State Plane Coordinates, referenced to NAD 83 (91).
FAILURE TO SATISFY THE CONDITIONS OF APPROVAL WITHIN 18 MONTHS OF THE
EFFECTIVE DATE OF THE HEARINGS OFFICER'S DECISION SHALL RENDER THE
HEARINGS OFFICER'S DECISION VOID.
METZGER ELEMENTARY PLAYFIELDS PAGE 3 OF 19
11/8/04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
SECTION III. BACKGROUND INFORMATION
Site Histo :
e etzger Elementary School was approved as a conditional use in 1972 by the
Washington County Board of County Commissioners. A major modification of that site
occurred this year as part of the approval related to CUP2003-00003. The old school was
demolished, and a new school and playgrounds were constructed on the same site. At that
time, there were three residential properties bordering SW Locust Street. Buffering and
screening around these uses were required as part of the previous ap p,roval. Since thaf time,
the School District has acquired those three properties, and demolished or relocated the
houses that stood on them.
V�icinit�r Information:
The site inc u ing the school grounds and three current residential properties} is zoned R-4.5
and surrounded on three sides by single-family homes, and commeraal development on the
fourth (west) side. The site is located within the Washington Square Regional Center
planning district. There are specific design and density guidelines for other types. of
devefopment within this district. The surrounding areas may be developed by a combination
of homes and businesses, as the ma1ority of that district is zoned to accommodate mixed
uses with medium to high density developments.
Site Information and Pro osal Descri tion:
The sc oo site is currenty acres in size and would be expanded by 1.66 acres to a total
of 8.13 acres with the addition of the three residential properties. The applicant is seeking to
convert the residential uses to expand the conditionally permitted school use, specifically to
construct playfields. There are no new structures being proposed with this application, apart
from a perimeter fence. This application also reflects eliminating the buffer and landscape
screening requirement around the three residential properties, as such buffering is no longer
relevant.
Since this application takes into account the recently approved school site, in large part, staff
defers to the findings of that previous decision. Modified or expanded findings are provided
where relevant to the subject application request.
SECTION IV. DECISION MAKING PROCEDURES, PERMITS AND USE
Use Classification: Section 18.130.020
is s e se a egories.
The applicant is proposing to convert properties currently used for residential uses, to expand
the conditional use school site for pla�elds. Schools are permitted conditionally within the R-
4.5 zoning district.
Summa Land Use Permits: Chapter 18.310
e ines e ecision-ma ing type to which the land-use application is assigned.
The proposed use is a Conditional Use permit which is a Type III-HO decision, heard by the
Tigard Hearings Officer.
METZGER ELEMENTARY PLAYFIELDS PAGE 4 OF 19
11/8/04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
SECTION V. SUMMARY OF APPLICABLE CRITERIA
A summary o t e applicable criteria in this case in the Chapter order in which they are
addressed m this report are as follows:
A. 18.330 S ecific Conditional Use Criteria
enera p rova ri eria
Additional onditions of Approval)
B. licable Develo ment Code Standards
i e eve o men eview
18.510 Residential oning Districts)
18.630 ashington Square Reg ional Center)
18.705 Access, Egress & Circulation)
18.725 Environmental Performance Standards)
18.745 Landscaping and Screening)
18.755 Mixed SolidlNaste and Recyclable Storage)
18.765 Off-Street Parking and Loading Requirements)
18.780 Signs)
18.790 Tree F�emoval)
18.795 isual Clearance)
C. Street and Utili Im rovement Standards 18.810
D. ml pac� u
SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS
A. SPECIFIC CONDITIONAL USE APPROVAL CRITERIA
Section 18.330.010.A states that the purpose of this chapter is to provide standards
and procedures under which a conditional use may be permitted, enlarged or altered if
the site is appropriate and if other appropriate conditions of approval can be met.
There are certain uses which due to the nature of the impacts on surrounding land
uses and public facilities require a case-by-case review and analysis.
Section 18.330.020.A states that a request for approval for a new conditional use shall
be processed as a Type III-HO procedure, as regulated by Chapter 18.390.050, using
approval criteria contained in Section 18.330.030A and subject to other requirements
in Chapter 18.330.
GENERAL APPROVAL CRITERIA FOR A CONDITIONAL USE: SECTION 18.330.030
e site size an imensions provi e a equate area or t e nee s o t e propose use;
The existing site size is 6.47 acres, and will be increased by 1.66 acres as a result of this
request. The proposal requests approval to construct school pla�elds over present residential
properties. There was inadequate room for the proposed configuration of pla�elds under the
previous approval; however, the addition of this area will make a more suitably shaped and
sized site for the proposed use. This report evaluates the proposal and necessary setbacks,
landscaping, etc., and as demonstrated in the application and this report, the site size is
adequate for the needs of the proposed use.
The characteristics of the site are suitable for the proposed use considering size, shape,
location, topography, and natural features;
The site is currently developed with an existin elementary school and three previous
homesites. The site is larg e enough to accommoda�e the use. There are no specific limitations
to the site with regard to the shape, location, topography or natural features that would hinder
the development of the site with the proposed use.
All required public facilities have adequate capacity to serve the proposal; and
METZGER ELEMENTARY PLAYFIELDS PAGE 5 OF 19
11/8/04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
All public facilities including streets, storm and sanitary sewers, and water have adequate
capacity to serve the site as required by the previous conditional use decision. Street
improvements for the area in front of the previous homesites are discussed later in this report.
The applicable requirements of the zoning district are met except as modified by this
chapter.
The proposed site is located within the R-4.5 zoning district. As indicated earlier, schools are
permitted conditionally. As conditioned later in this report, the project can meet the
applicable requirements of the zoning district. The conditional use requirements are more
restrictive than the underlying zoning requirements with regard to site size and setback
requirements. The applicant has met or exceeded these requirements.
The supplementary requirements set forth in other chapters of this Code including but
not limited to Chapter 18.780, Signs, and Chapter 18.360, Site Development Review, if
applicable, are met or can be conditioned to be satisfied.
The applicable review criteria in this case include the following chapters of the Community
Development Code: 18.330, Conditional Use; 18.360, Site Development Review; 18.390
Decision Makmg Procedures; 18.510, Residential Zoning Districts, 18.630 Washington Square
Regional Center Standards, 18.705, Access, Egress and Circulation; 18.725, Environmental
PerFormance Standards; 18.745, Landscaping and Screening; 18.755, Mixed Solid Waste and
Recyclables Storage; 18.765, Off-Street Parking; 18.780, Signs; 18.790, Tree Removal;
18.795, Visual Clearance Areas; and 18.810, Street and Utility Improvement Standards. The
development standards and requirements of these chapters are addressed further in this
report.
The proposal contains no elements related to the provisions of the following chapters: 18.350,
Planned Development; 18.380, Zoning Map/Text Amendments; 18.410, Lof Line Adjustments;
18.420, Land Partitions; 18.430, Subdivisions; 18.520, Commercial Zoning Districts; 18.530,
Industrial Zoning Districts; 18.620, Tigard Triangle Design Standards; 18.640 Durham Quarry
Design Standards; 18.710, Accessory Residential Units; 18.715, Density Computations; 18.720,
Design Compatibility Standards; 18.730, Exce ptions to Development Standards; 18.740,
Historic Overlay; 18.742, Home Occupations; 18.750, Manufactured/Mobile Home Regulations;
18.760, Nonconforming Situations; 18.775, Sensitive Lands; 18.785, Temporary Uses; and
18.798, Wireless Communications Facilities. These chapters are, therefore, found to be
inapplicable as approval standards.
The use will comply with the applicabte policies of the Comprehensive Plan.
The Comprehensive Plan is implemented by the Community Development Code. Compliance
with Comprehensive Plan policies are, therefore, assured by satisfaction of the applicable
development standards of the development code as addressed within this report.
FINDING: Based on the analysis above, the General Approval Criteria for a Conditional Use
are satisfied.
ADDITIONAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE.
ection . . states at t e earings ut ority may impose conditions on the
approval of a conditional use, which are found necessary to ensure the use is
compatible with other uses in the vicinity, and that the impact of the proposed use on
the surrounding uses and public facilities is minimized. These conditions may
include, but are not limited to the following:
Limiting the hours, days, place andlor manner of operation;
The applicant has not indicated hours, days, or manner of operation, however, it can be
expected that the school would operate during the same hours that it currently operates.
There is no evidence in the record to suggest that there is a need to limit the hours, days,
place and or manner of operation for the elementary school. This criterion is satisfied.
METZGER ELEMENTARY PLAYFIELDS PAGE 6 OF 19
11/8J04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
Requiring design features which minimize environmental impacts such as noise,
vibration, air pollution, glare, odor and/or dust;
The proposal would not likely generate any vibration, air pollution, odor, glare, noise, or dust
that would be considered out of character for the use. The applicant has sited the facility on
the property in a location that will minimize impacts to the surrounding neighborhoods. This
criterion is satisfied.
FINDING: The proposed site is adjacent (across developed rights of way) on three sides
to noise sensitive units as defined in the Tigard Municipal Code (TMC) Chapter
7.40.
Requiring additional setback areas, lot area, and/or lot depth or width;
The lot is large enough to accommodate the proposed playfields and school buildings. There
are no setbacks for playfields since no structures are proposed, and staff does not anticipate
a need for increased setbacks with the provision of right of way dedication, and screening as
discussed later in this report. This criterion is satisfied.
Limiting the building height, size or lot coverage, and/or location on the site;
There are no new buildings proposed with this application. In fact lot coverage statistics will be
lowered with the inclusion of this additional open area. The proposed pfa�eld location is
appropriate given the orientation of the school site. This criterion is satisfied.
Designating the size, number, location and/or design of vehicle access points;
The applicant is proposing to eliminate three accesses off SW Locust, classified as a major
collector. No new accesses are proposed and existing access was reviewed and previously
approved. The criterion is satisfied.
Requiring street right-of-way to be dedicated and street(s) to be improved;
The site has frontage on three separate stre�ts. Half-street improvements and right of way
dedication has already occurred on SW 90 Avenue and SW Lincoln Street. The only
dedication of right-of-way that will be required is along SW Locust. The specifics of the
improvements are discussed in more detail in the street and utility section of this report. This
criterion is satisfied.
Requiring landscaping, screening, drainage and/or surfacing of parking and loading
areas;
Parking and loading areas were required to be screened by the previous decision.
Limiting the number, size, location, height and/or lighting of signs;
Compliance with the sign requirements for the underlying zone will be considered once a
design is reviewed. All additional signage is subject to the sign requirements which will be
reviewed with the sign permit application.
Limiting or setting standards for the location and/or intensity of outdoor lighting;
No additional lighting is proposed. This criterion is satisfied.
Rec�uiring berms, screening or landscaping and the establishment of standards for
their installation and maintenance;
METZGER ELEMENTARY PLAYFIELDS PAGE 7 OF 19
11/8/04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
The landscaping pian for the balance of the site was previously approved. To provide better
security for students attending the school and using the playfields, and to better screen the
use from properties across SW Locust, a requirement should be imposed for a chainlink
fence with slats or suitable equivalent to be established along the perimeter of the school site,
to tie back into existing fencing. Beyond the required street trees and required screening,
staff does not see a need for requiring additional landscaping or berms.
Requiring and designating the size, height, location and/or materials for fences;
The applicant is proposing new chain link fencin�with slats along the rear property lines of
three F�ouses that are located along SW Locust. hain link fencing is an acceptable material
provided it adequately screens the use from adjacent single-family homes. This criterion can
be satisfied.
Requiring the protection and preservation of existing trees, soils, vegetation,
watercourses, habitat areas and/or drainage areas;
Some trees previously preserved along the shared property line of the prior residential uses
are roposed for removal. These trees would be located in the middle of the proposed
play�ields. The applicant is retaining an existing deciduous tree as it appears healthy and is
located outside of the limits of the playfields and will not impede their use. There are no
watercourses, habitat or draina�e areas on the site. Soils are to be retained on the site. To
accommodate the playfields, existing vegetation has been cleared. As demonstrated later in
this report, the applicant meets, or can be conditioned to meet this criterion.
Requiring the dedication of sufficient open land area for a greenway adjoining and
within the floodplain when land form alterations and development are allowed within
the 100-year floodplain; and
The property is not adjacent to the floodplain. This criterion is not applicable.
Requiring the construction of a pedestrian/bicycle pathway within the floodplain in
accordance with the adopted pedestrian/bicycle pathway plan.
The property is not adjacent to the 100-year floodplain. This criterion is not applicable.
FINDING: Additional screening is necessary along SW Locust Street. The other general
conditional use standards are met, or will be met through the imposition of
conditions elsewhere in this report.
CONDITION:Prior to their use, the playfields shall be screened from properties across SW
Locust Street with the use of a 6 foot tall chainlink fence with slats to match the
, other approved fencing around the schoof site.
ADDITIONAL DEVELOPMENT STANDARDS FOR CONDITIONAL USE TYPES:
e a itiona eve opment standards are specific criteria that must be considered at
the time of application for a conditional use.
The criterion states that there shall be no minimum lot size requirements for schools
other than what is required for the applicable zoning district;
That the setbacks shall be as follows:
Front Yard setback- 20 feet
Corner and through lot setback-20 feet on any side facing a street
Side yard setback-20 feet
Rear yard setback- 30 feet
METZGER ELEMENTARY PLAYFIELDS PAGE 8 OF 19
11/8/04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
The minimum lot size for the R-4.5 zoning district is 7,500 square feet. This site is 8.13
acres. This criterion is satisfied. With regard to the setbacks, the building location was
previously approved and is not being modi�ied. The pla�elds are not sub�ect to setback
requirements. Any future structures such as bleachers, or backstops will need to meet the
side yard (as established by the prior conditional use application) setback of 20 feet.
B. APPLICABLE DEVELOPMENT CODE STANDARDS
SITE DEVELOPMENT REVIEW (18.360)
The i e eve opmen eview approval standards require that a development proposal
be found to be consistent with the various standards of the Community Development
Code. The proposal's consistency with these Code Chapters is reviewed in the
following sections.
RESIDENTIAL ZONING DISTRICTS (18.510)
e . zoning cTistric i�s ec�signecTto accommodate detached single-famil�r housing
at a minimum lot size of 7,500 square feet. A wide range of civic and institut�onal uses
are also permitted conditionally.
Section 18.510.050 states that Development standards in Residential zoning districts are
contained in Table 18.510.2, however, because the proposed use requires conditional use
approval, the stricter standards of the conditional use section apply. The only standards that
are not specifically regulated by the Conditional Use chapter are lot coverage and building
height. There is no maximum lot covera�e within the R-4.5 zoning district, and the maximum
height requirement is 30 feet. The remaining standards are exceeded by the conditional use
requirements.
Based on the analysis above, the underlying zone's development standards are met or
exceeded with the exception of the building height.
WASHINGTON SQUARE REGIONAL CENTER DESIGN STANDARDS (18.630)
e as ington quare egiona enter esign tan ar s were a op e�ci in 2002. All
new developments, including remodeling and renovation projects resulting in new
non-single family residential uses, are expected to contribute to the character and
quality of the area. In addition to meeting the design standards 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 draina�e, and participate in funding future
transportation and public improvement pro ects necessary within the Washington
Square Regional Center. The apPlicable sec�ions to this development are 18.630.040,
050, and 090. The remainin� sect�ons are found to be inapplicable as they relate to the
mixed use zoning designations. Compliance with these standards are evaluated in the
following discussion.
Section 18.630.040 deals with street connectivity and states two options to
demonstrate compliance. The applicant chose the design option. The design option
states that, "Local street spacing shall provide public street connections at intervals of
no more than 530 feet; and bike and pedestrian connections on public easements or
right-of-way shall be provided at intervals of no more that 330 feet.
In this case, the street spacing is already achieved between SW Lincoln, and SW Locust
streets. The prior decision required a pedestrian connection through the site to satisfy this
standard.
Section 18.630.050 relates to site design standards. Specifically the standards that relate
to building placement on major and minor arterials, building setback, front yard setback
design, walkway connection to building entrances, and parking location and landscape
des�gn.
No changes to the building location or internal walkway systems are proposed. These criterion
are satisfied.
METZGER ELEMENTARY PLAYFIELDS PAGE 9 OF 19
11/8J04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
Section 18.630.090 speaks to the requirements for landscaping of landscaped and
screened areas within parking lots, and along local collectors and local streets. Specific
to this project, the standards of 18.745 would apply in addition to a requirement that
trees shall be provided at a minimum of 2 1/2 inch caliper, at a maximum spacin� of 28
feet. Shrubs shall be of a size and quality to achieve the required landscaping or
screening effect within two years.
The applicant has provided a landscape plan for the site and has proposed to plant street trees
spaced 28 feet on center. It is not clear at what size these trees are to be planted. This
standard specifies 2 '/z inch caliper sized trees.
FINDINGS: The applicant has provided a landscape plan for the site that does not meet the
additional requirements imposed by this section for street tree size.
CONDITION: Prior to the issuance of building permits, the applicant shall submit a revised
landscape plan that indicates 2 ',2 inch caliper size street trees planted 28 feet on
center along SW Locust.
ACCESS, EGRESS AND CIRCULATION (18.705)
�.�uiiaing or o er permi s a e is� 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 applicant is proposing to remove three existing residential driveway accesses on SW
Locust. Apart from this change, no other modifications are proposed This criterion is
satisfied.
All vehicular access and egress as required in Sections 18.705.030H 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 cont�nuous basis.
The site has frontage on SW Lincoln, SW 90�', and SW Locust. All three are public streets,
and the approved accesses connect directly with the site. This criterion is satisfied.
Required Walkway Location
On-site pedestrian walkways shall comply with the following standards:
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, fo the streets which provide the required access and egress. Walkways shall
provide convenient connections between buildin�s in multi-bu�lding commercial,
institutional, and industrial complexes. Unless impractical, walkways shall be
constructed between new and existing developments and neighboring developments;
No changes to the approved walkways are proposed. This criterion is satisfied.
Within all attached housing (exce�t 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;
This criterion is not applicable to this proposal.
Wherever required walkways cross vehicle access drivewa s or parking lots, such
crossings shall be designed and located for pedestrian sa�ety. 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, excfusive of vehicle overhangs and obstructions such as mailboxes, benches,
bicycle racks, and sign posts, and shall be in compliance with ADA standards;
METZGER ELEMENTARY PLAYFIELDS PAGE 10 OF 19
11/8/04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
No changes to the approved walkways are proposed. This criterion is satisfied.
Required walkways shall be paved with hard surfaced materials such as concrete,
asphalt, stone, brick, etc. Walkways may be required to be lighted and/or 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.
The ap licant is proposing to construct sidewalks with concrete materials on SW Locust.
This cri�erion is satisfied.
Access Management (Section 18.705.030.H):
Section 18.705.030.H.1 states that an access report shall be submitted with all new
development proposals which verifies design of driveways and streets are safe by
meeting adequate stacking needs, sight distance and deceleration standards as set by
ODOT, Washington County, the City and AASHTO.
Locust Street is classified as a Major Collector in the Washington Square Regional Plan. The
applicant is proposing to remove existing residential driveways, thus eliminating access from
these lots to Locust Street. An access report is not required: No new school accesses are
proposed. Other accesses were previously approved under this standard.
Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the
influence area of collector or arterial street intersections. Influence area of
intersections is that area where queues of traffic commonly form on approach to an
intersection. The minimum driveway setback from a collector or arterial street
intersection shall be150 feet, measured from the right-of-way line of the intersecting
street to the throat of the proposed driveway. The setback may be greater depending
upon the influence area, as determined from City Engineer review of a traffic im pact
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 opt�on for shared
access with the adjacent parcel. If shared access is not �ossible or practical, the
driveway shall be placed as far from the intersection as possible.
No new accesses are proposed. Other accesses were previously approved under this
standard. Driveways along the Locust Street frontage will be removed, thereby meeting this
criterion.
Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and
streets along a collector shall be 200 feet. The minimum spacing of driveways and
streets along an arterial shall be 600 feet. The minimum spacing of local streets alo.ng
a local street shall be 125 feet.
No new accesses are proposed. Other accesses were previously approved under this
standard.
ENVIRONMENTAL PERFORMANCE STANDARDS — CHAPTER 18.725:
equires a e era an s a e environmen a aws, ru es an regu ations be applied to
development within the Cit� of Tigard. Section 18.725.030 Performance Standards
regulates: Noise, visible emissions, vibration and odors.
Noise. For the purposes of noise regulation, the provisions of Sections 7.41.130 through
7.40.210 of the Tigard Municipal Code shall apply.
Visible Emissions. Within the Commercial zoning districts and the Industrial Park (I-P)
zoning district, there shall be no use, operation or activity which results in a stack or
other point- source emission, other than an emission from space heating, or the
emission of pure uncombined water (steam) which is visible from a property line.
Department of Environmental Quality (DEQ) rules for visible emissions (340-21-015 and
340-28-070) apply.
METZGER ELEMENTARY PLAYFIELDS PAGE 11 OF 19
11/8/04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
Vibration. No vibration other than that caused by highway vehicles, trains and aircraft is
permitted in any given zoning district, which is discernible without instruments at the
property line of the use concerned.
Odors. The emissions of odorous gases or other matter in such quantities as to be
readily detectable at any point beyond the property line of the use creating the odors is
prohibited. DEQ rules for odors (340-028-090) apply.
Glare and heat. No direct or sky reflected glare, whether from floodlights or from high
temperature processes such as combustion or welding, which is visible at the lot line
shafl be permitted, and; 1) there shall be no emission or transmission of heat or heated
air which is discernible at the lot line of the source; and 2) these regulations shall not
apply to signs or floodlights in parking areas or construction equipment at the time of
construct�on or excavation work otherwise permitted by this title.
Insects and rodents. All materials including wastes shall be stored and all grounds
shall be maintained in a manner which will not attract or aid the propagation of insects
or rodents or create a health hazard.
There is no evidence in the record that would suggest that any problems associated with noise,
emissions, vibrations, odors, glare and heat, or insects and rodents would result from the
expansion of the pla�elds.
FINDING: Based on the information provided by the applicant, the use of the property will
conform to the above requirements. If for some reason the above standards
were in question, and it was subsequently found that the use was out of
compliance with any of the above standards, the property owner would be
subject to code enforcement, court review, possible fines, and revocation of the
Conditional Use Permit. A search of City records does not indicate any code
enforcement issues associated with the existing use.
LANDSCAPING AND SCREENING — CHAPTER 18.745:
ree rees: ec ion . . s a es a a evelopment proJ ects fronting on a
public street shall be required to plant street trees in accordance with Section
18.745.040.0 Section 18.745.040.0 required that street trees be spaced between 20
and 40 feet apart depending on the size classification of the tree at maturity (small,
medium or large).
The project has frontage along three streets that require the placement of street trees. The
applicant has proposed to plant street trees along all three frontages. The sizing of the trees
does not meet the requirements of the Washington Square Regional Center Design Standards,
and staff has conditioned the applicant to revise the landscape plan earlier in this report. This
standard is satisfied.
Land Use Buffering and Screening:
Buffering and Screening is required between different types of land uses.
The proposed facility is in a residential zone and is adjacent to residential uses on three sides.
The uses are separated by rights-of-way; therefore, there is no buffer requirement along those
property lines. Screening was previously addressed. This criterion is satisfied.
Screening of parking and loading areas is required. The specifications for this
screening are as follows:
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;
These landscape requirements were previously addressed by the prior approval. This
criterion is satisfied.
METZGER ELEMENTARY PLAYFIELDS PAGE 12 OF 19
11/8/04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
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
Landscaping interior to the site was addressed by the previous conditional use application
under these standards. This criterion is satisfied.
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.
Landscaping interior to the site was addressed by the previous conditional use application
under these standards. This criterion is satisfied.
Screening of service facilities. Except for one-family and two-family dwellings, an�r
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�ublic facility or any residential area shall be screened from
view by placement of a solid wood fence or masonr�wall between five and eight feet in
height. All refuse materials shall be contatned within the screened area;
Screening of refuse containers. Exce�t 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 an� public facility such as a school or park shall
be screened or enclosed from view by p acement of a solid wood fence, masonry wall
or evergreen hedge. All refuse shall be contained within the screened area.
Screening interior to the site was addressed by the previous conditional use application under
these standards. This criterion is satisfied.
MIXED SOLID WASTE AND RECYCLABLES STORAGE — CHAPTER 18.755:
ap er . requires t at new construction incorporates unctiona and adequate
space for on-site storage and efficient collection of mixed solid waste and source
separated Recyclables prior to pick-up and removal by haulers.
The a�plicant must choose one (1) of the following four (4) methods to demonstrate
comp iance: Minimum Standard, Waste Assessment, Comprehensive Recyclin� Plan,
or Franchised Hauler Review and Sign-�ff. The applicant will have to submit evidence
or a plan, which indicates compliance with this section. Regardless of which method
chosen, the applicant will have to submit a written sign-off from the franchise hauler
regarding the facility location and compatibility.
This standard was conditioned under the previous approval. No changes to the solid waste
collection system is proposed. This standard is therefore met.
Location Standards.
To encourage its use, the storage area for source-se�arated recyclable shall be co-
located with the storage area for residual mixed solid waste; fndoor and outdoor
storage areas shall comply with Uniform Building and Fire Code requirements; Storage
area space rec�uirements can be satisfied with a single location or multiple locations,
and can combine both interior and exterior locations; Exterior storage areas can be
located within interior side yard or rear yard areas. Exterior storage areas shall not be
located within a required front yard setback or in a yard adjacent to a public or private
street; Exterior storage areas shall be located in central and visible locations on a site
to enhance security for users; Exterior stora�e areas can be located in a parking area,
if the proposed use provides at least the minimum number of parking spaces required
for the use after deducting the area used for storage. Storage areas shal! be
appropriately screened according to the provisions in 18.755.050 C, design standards;
The storage area shall be accessible for collection vehicles and located so that the
storage area will not obstruct pedestrian or vehicle traffic movement on the site or on
public streets adjacent to the site.
METZGER ELEMENTARY PLAYFIELDS PAGE 13 OF 19
11/8/04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
No change to the solid waste collection system is proposed. This standard is therefore met.
Design Standards.
The dimensions of the storage area shall accommodate containers consistent with
current methods of local collection; Storage containers shall meet Uniform Fire Code
standards and be made and covered with waterproof materials or situated in a covered
area; Exterior storage areas shall be enclosed by a sight-obscuring fence wall, or
hedge at least six feet in height. Gate openings which allow access to users and
haulers shall be provided. Gate openings for haulers shall be a minimum of 10 feet
wide and shall be capable of being secured in a closed and open position; Storage
area(s) and containers shall be clearly labeled to indicate the type of materials
accepted.
This standard was conditioned under the previous approval. No change to the solid waste
collection system is proposed. This standard is therefore met.
OFF-STREET PARKING AND LOADING (18.765)
t�t�ime o t e erection o a new structure within any zoning district, off-street
vehicle parking will be provided in accordance with Section 18.765.070.
The additional area for pla , ields does not impact the required parking that was previously
addressed in the prior con itional use approval. Elementary schools provide parking based
on the number of classrooms, which are not affected by this proposal. Therefore, no parking
standards are applicable to this request.
SIGNS 18.780 :
equires t at a permit be issued for any sign that is erected, re-erected, constructed,
structurally altered, or relocated within the City Limits.
FINDING: The applicant has not provided the needed information to issue a sign permit
because it is not necessary to do so at this time.
CONDITION:Prior to placement of any signs on site, the applicant shall apply for a si n
permit and supply staff with the appropriate plans to verify compliance with T�C
Chapter 18.780.
TREE REMOVAL — CHAPTER 18.790:
ec ion . . requires a a ree plan for the planting, removal and protection of
trees prepared by a certified arborist be provided for a conditional use apQlication.
The tree plan shall include identification of all existing trees, Identification of a
program to save existing trees or mitigate tree removal over 12 inches in caliper,
identificat�on of which trees are proposed to be removed, and a protection program
defining standards and methods that will be used by the applicant to protect trees
during and after construction.
The original approval required presenration of several trees that were located alon the
perimeter of the previous residential properties. With the ball field expansion, these�rees
would be in the way of the proposed playfields. The Development code requires that those
trees be preserved unless they are deemed hazardous, or unless the tree removal plan is
subsequently modified. The current proposal modifies that removal plan by proposing to
remove all but one tree. The trees being removed have either been classified as smaller than
12" or hazardous, and thus no mitigation calculation is required. Tree protection measures
will be required during the sidewalk construction. Such measures will need to be inspected
by the City Forester prior to commencing such work.
FINDING: The applicant's arborist proposed tree protection measures that would be
necessary dunng any required construction activity. The remainder of the
impacted trees is not subject to mitigation.
METZGER ELEMENTARY PLAYFIELDS PAGE 14 OF 19
11/8/04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
�,',
CONDITIONS:
• The applicant shall provide the City Arborist with a construction
sequence including installation and removal of tree protection devices,
cleanng, grading, and paving.
• The applicant shall notify the City Arborist when tree protection
measures are in place so that he may verify that the measures will
function properly prior to construction.
VISUAL CLEARANCE AREAS — CHAPTER 18.795:
ec ion . . . . s a es a e 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.
Section 18.795.030.B. states that 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 fine grade, except that trees
exceeding this height may be located in this area, provided alt branches below eight
feet are removed.
The applicant has indicated in the narrative and the site plan that a clear vision area will be
maintained. When the fence is being placed, it will need to be set back to maintain adequate
visual clearance areas. Staff will review the areas at the time of final occupancy to ensure
compliance with the standards. This criterion is satisfied.
FINDING: With the imposition of the following condition, the vision clearance standards can
be met.
CONDITION: Prior to placing the required fencing along SW Locust Street, the applicant shall
ensure that adequate sight distance and vision clearance requirements are
maintained.
STREET AND UTILITY IMPROVEMENTS STANDARDS CHAPTER- 18.810:
apter . provi es construct�on stan ar s or t e imp ementation of public and
private facilities and utilities such as streets, sewers, and drainage. The applicable
standards are addressed below:
Streets:
Improvements:
Section 18.810.030.A.1 states that streets within a development and streets adjacent
shall be improved in accordance with the TDC standards.
Section 18.810.030.A.2 states that any new street or additional street width planned as
a�portion of an existing street shall be dedicated and improved in accordance with the
TDC.
Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires an arterial
street to have a 64 to 128-foot right-of-way width and varied paved section. Other
improvements required may include on-street parking, sidewalks and bikeways,
underground utilities, street lighting, storm drainage, and street trees.
This site lies adjacent to SW Locust Street, which is classified as a Major Collector on the
City of Tigard Transportation Plan Map. At present, there is approximately 30 feet of ROW
from centerline, according to the most recent tax assessor's map. The applicant should
dedicate the additional ROW to provide for 43.5 feet from centerline. The applicant shall afso
dedicate additi�nal ROW to provide for the radius at the intersections of Locust with Lincoln
Avenue and 90 Avenue.
METZGER ELEMENTARY PLAYFIELDS PAGE 15 OF 19
11/8/04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
SW Locust is currently partially improved. In order to mitigate the impact from this
development, the applicant shall construct an 8 foot sidewalk and a 5 foot planter strip. The
applicant shall also enter into a restrictive covenant for future half-street improvements.
Grades and Curves: Section 18.810.030.N states that grades shall not exceed ten
Percent on arterials, 12% on collector streets, or 12% on any other street (except that
ocal or residential access streets may have segments with grades up to 15°/a for
distances of no greater than 250 feet). Centerline radii of curves shall be as determined
by the City Engineer.
No change to the street grades is proposed.
Block Designs - Section 18.810.040.A states that the length, width and shape of blocks
shall be designed with due regard to providing adequate building sites for the use
contemplated, consideration of needs for convenient access, circulation, control and
safety of street traffic and recognition of limitations and opportunities of topography.
Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks formed by streets
shall not exceed 1,800 feet measured along the right-of-way line except:
. Where street location is precluded by natural topography, wetlands or other
bodies of water or, pre-exist�ng development or;
. For blocks adjacent to arterial streets, limited access highways, major collectors
or railroads.
. For non-residential blocks in which internal public circulation provides equivalent
access.
Section 18.810.040.B.2 also states that bicycle and pedestrian connections on �ublic
easements or right-of-ways shall be provided when full street connection is not
possible. Spacing between connections shall be no more than 330 feet, except where
precluded by environmental or topographical constraints, existing development
patterns, or strict adherence to other standards in the code.
No new streets are proposed and the site was previously approved without bisecting streets.
This criterion is met.
Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City
design standards and be located on both sides of arterial, collector and local
residential streets.
Sidewalk improvements will be completed along Locust Avenue frontages.
Sanitary Sewers:
Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to
serve each new development and to connect developments to existing mains in
accordance with the provisions set forth in Design and Construction Standards for
Sanitary and Surface Water Management (as adopted by Clean Water Services in 1996
and including any future revisions or amendments) and the adopted policies of the
comprehensive plan.
Over-sizing:
Section 18.810.090.0 states that proposed sewer systems shall include consideration
of additional development within the area as projected by the Comprehensive Plan.
The site is already served.
Storm Drainage:
General Provisions: Section 18.810.100.A states requires developers to make
adequate provisions for storm water and flood water runofF.
No upstream drainageways affect this site.
METZGER ELEMENTARY PLAYFIELDS PAGE 16 OF 19
11l8/04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
Effect on Downstream Drainage:
Section 18.810.100.D states tF�at where it is anticipated by the City Engineer that the
additional runoff resulting from the development will overload an existing drainage
facility, the Director and Engineer shall withhold approval of the development until
provisions have been made for improvement of the potential condition or until
Provisions have been made for storage of additional runoff caused by the development
in accordance with the Design and Construction Standards for Sanitary and Surface
Water Management (as adopted by Clean Water Services in 2000 and including any
future revisions or amendments).
The site slopes downward from the north to the south. The applicant's plans in�icate that
runoff will be collected in a swale and directed to the storm sewer system in 90 Avenue.
The net result of this project is that the impervious area will be decreased. Therefore, there
will be no additional storm drainage detention requirements.
Utilities:
Section 18.810.120 states that all utility lines, but not limited to those required for
electric, communication, lighting and cable television services and related facilities
shall be placed underground, except for surface mounted transformers, surFace
mounted connection boxes and meter cabinets which max be placed above �round,
temporary utility service facilities during construction, high capacity electric lines
operating at 50,000 volts or above, and:
. The developer shall make all necessary arrangements with the serving utility to
provide the under round services;
. The City reserves�he right to approve location of all surFace mounted facilities;
. All underground utilities, including sanitary sewers and storm drains installed in
streets by the developer, shall be cons�ructed prior to the surfacing of the
streets; and
. Stubs for service connections shall be long enough to avoid disturbing the
street improvements when service connections are made.
Exception to Under-Grounding Requirement:
Section 18.810.120.0 states that a developer shall pay a fee in-lieu of under-grounding
costs when the development is proposed to take place on a street where existing
utilities which are not underground will serve the development and the approval
authority determines that the cost and technical difficulty of under-�rounding the
utilities outweighs the benefit of under-grounding in conjunction with the
development. The determination shall be on a case-by-case basis. The most common,
but not the only, such situation is a short frontage development for which under-
grounding would result in the placement of additional poles, rather than the removal of
above-ground utilities facilities. An applicant for a development which is served by
utilities which are not underground and which are located across a public right-of-way
from the applicant's property shall pay a fee in-lieu of under-grounding.
There are existing overhead utility lines along the frontages of SW Locust Street and 90�'
Avenue. However, this code provision only applies to the frontage from where utility service
is taken. The applicant took power from SW Lincoln where no overhead lines were present.
Therefore no fee is applied.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY
Public Water S stem:
e propose improvements do not include any water line work.
METZGER ELEMENTARY PLAYFIELDS PAGE 17 OF 19
11l8/04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
Storm Water Quality_
e iy as agreed to enforce SurFace Water Management (SWM) regulations
established by Clean Water Services (CWS) Design and Construction Standards
(adopted b� Resolution and Order No. 00-7) which require the construction of on-site
water quality facilities. The facilities shall be designed to remove 65 percent of the
phosphorus contained in 100 percent of the storm water runoff generated from newly
created im pervious surfaces. In addition, a maintenance plan shall be submitted
indicating the frequency and method to be used in keeping the facility maintained
through the year.
Since no net, new impervious area is being created a water quality facility is not required.
Gradin and Erosion Control:
esign an onstruction Standards also regulate erosion control to reduce the
amount of sediment and other pollutants reaching the public storm and surface water
system resulting from development, construction, grading, excavating, clearing, and
any other activity which accelerates erosion. Per CWS regulations, fhe applicant is
required to submit an erosion control plan for City review and approval prior to
issuance of City permits.
The Federal Clean Water Act requires that a National Pollutant Discharge Elimination
System (NPDES) erosion control permit be issued for any development that will
disturb one or more acre of land. Since this site is over five acres, the developer will
be required to obtain an NPDES permit from the City prior to construction. This permit
will be issued along with the site and/or building permit.
A final grading plan shall be submitted showing the existing and proposed contours.
The plan shall detail the provisions for surface drainage of all lots, and show that they
will be graded to insure that surface drainage is directed to the street or a public storm
drainage system approved by the Engineering Department. For situations where the
back portions of lots drain away from a street and toward adjacent lots, appropriate
private storm drainage lines shafl be provided to sufficiently contain and convey runoff
from each lot.
Site Permit Re uired:
e app ican is required to obtain a Site Permit from the Building Division to cover all on-site
private utility installations (water, sewer, storm, etc.) and driveway construction. This permit
shall be obtained prior to approval of the final plat.
D. IMPACT STUDY:
ection . . . . .e states that the applicant shall provide an impact study to
quantify the effect of development on public facilities and services. For each public
facility system and type of impact, the study shall propose improvements necessary to
meet City standards, and to minimize the impact of the development on the public at
large, public facilities systems, and affected private property users.
In situations where the Community Development,Code requires the dedication of real
propertx interests, the applicant shall either specifically concur with a requirement for
public right-of-way dedication, or provide evidence thaf supports that the real property
dedication is not roughly proportional to the projected impacts of the development.
The applicant has submitted an impact study addressing the required elements above. The
report substantiates that all services are capable of serving the site. The applicant has
proposed to make the necessary improvements, and there is no applicable Transportation
Impact Fee associated with this development, because they are not increasing the number of
students that would be served by the site. Based on the conditions of approval and findings
of fact within this decision, there are no unmitigated impacts as a result of this development
to any public systems.
METZGER ELEMENTARY PLAYFIELDS PAGE 18 OF 19
11/8/04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
SECTION VII. OTHER STAFF C�MMENTS
City of Tigard Arborist has reviewed this application and had no objections to it.
SECTION VIII. AGENCY COMMENTS
Clean Water Services has reviewed the proposal and notes that the design submittal shall
be in accordance with the district's design and construction standards of Resolution and
Order 04-09.
Qwest has reviewed the proposal and notes that it currently has conduit in the SW Locust
right of way. Should that conduit need to be relocated, it will occur at the city (and/or
applicant's) expense.
Verizon has reviewed the proposal and notes that the school is located in QwesYs service
area, but that there is still a Verizon cable serving the school. However, the proposed ball
fields should have no effect on the Verizon cable.
� � November 5 2004
. orga racy
Associate Planner
METZGER ELEMENTARY PLAYFIELDS PAGE 19 OF 19
11/8/04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
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SITE PLAN N
METZGER ELEMENTARY SCHOOL BALL FIELDS
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' °���� ' HEARINGS OFFICER
'�'�'��'�'�'� � MONDAY - NOVEMBER 8, 2004 - 7:00 PM ��'��` '' �� ! ��'������ � �,�������, r��'"',��
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Assistive IListening Devices are available for persons with impaired hearing and should be scheduled for Hearings Officer meetings by noon on
the Friday prior to the meeting. Please call 503-639-4171, Ext. 2438 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the
Deafl. Upon request, the City will also endeavor to arrange for qualified sign language interpreters for persons with speech or hearing
impairments and qualified bilingual interpreters.
Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible.
To request such services, please notify the City of Tigard of your need(s) by 5:00 p.m., no less than one (1)week prior to the
meeting date at the same phone numbers listed above so that we can make the appropriate arrangements.
Hearings are held in Town Hall at the City of Tigard at 13125 SW Hall Boulevard
Staff reports are available to the public 7 days prior to the hearing date
1. CALL TO ORDER
2. PUBLIC HEARING
2.1 METZGER ELEMENTARY SCHOOL BALL FIELDS
CONDITIONAL USE PERMIT (CUP) 2004-00006
REQUEST: The applicant is requesting Conditional Use approval for a major modification to the newly
constructed Metzger Elementary School site to expand the school site and include three (3) additional
properties to construct ball fields just north of the school. The new play area will be approximately 35,284
square feet. Improvements to the site and surrounding area include street trees and sidewalks along SW
Locust Street, and removal of the three existing driveways.
LOCATION: 10350 SW Lincoln Street and 9080, 9120 and 9140 SW Locust Street; WCTM 1S135A6, Tax
Lots 100, 202, 203 and 204.
ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate
detached single-family homes with or without accessory residential units at a minimum lot size of 7,500
square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and
institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community
Development Code Chapters 18.330, 18.390, 18.510, 18.630, 18.705, 18.725, 18.745, 18.755, 18,765,
18.780, 18.790, 18.795 and 18.810.
3. OTHER BUSINESS
4. ADJOURNMENT
Page 1 of 1
.
Agenda Item: 2.1
Hearing Date: November 8 2004 Time: 7:00 PM
STAFF REPORT TO THE
HEARINGS OFFICER CITYOFTIGARD
�ommunity�Deve(opmeni
FOR THE CITY OF TIGARD, OREGON Sj��=ngA�Bett�,commun1�
120 DAYS = 2/8/2005
SECTION I. APPLICATION SUMMARY
FILE NAME: METZGER ELEMENTARY SCHOOL BALLFIED EXPANSION
CASE NOS: on itional se Permit P P2004-00006
OWNER: Tigard-Tualatin School APPLICANT'S Ed Murphy & Associates
District 23J REP.: Attn: Ed Murphy
Attn: Stephen Poage 9875 SW Murdock Street
6960 SW Sandburg Street Tigard, OR 97224
Tigard, OR 97223
PROPOSAL: The applicant is requesting Conditional Use approval for a major
modification to the newly constructed Metzger Elementary School site to
expand the school site and include three (3) additional properties to
construct ball fields 'ust north of the school. The new play area will be
approximately 35,2�4 square feet. Improvements to the site and
surrounding area include street trees and sidewalks along SW Locust
Street, and removal of the three existing driveway aprons.
LOCATION: 10350 SW Lincoln Street and 9080, 9120 and 9140 SW Locust Street;
WCTM 1S135AB, Tax Lots 100, 202, 203 and 204.
COMPREHENSIVE
PLAN AND
ZONING
DESIGNATION: R-4.5, Low-Density Residential zoning district.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters: 18.330, 18.360, 18.390, 18.510,
18.630, 1 g 705, 18.725, 18.745, 18.755, 18.765, 18.780, 18.790, 18.795,
and 18.810.
SECTION II. STAFF RECOMMENDATION
Staff recommends that the Hearings Officer find that the proposed modification and expansion
of the prior Conditional Use Permit will not adversely affect the health, safety and welfare of the
City and meets the Approval Standards of the Tigard Development Code. Therefore, Staff
recommends APPROVAL, subject to the following recommended Conditions of Approval:
METZGER ELEMENTARY PLAYFIELDS PAGE 1 OF 19
11/8/04 PUBLtC HEARING STAFF REPORT TO THE HEARINGS OFFICER
,
f
____ CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO ISSUANCE OF THE SITE AND/0R PFI PERMITS:
�u mit to t e anning epartment organ racy, , ext. or review an
approval:
1. Prior to the issuance of building permits, the applicant shall submit a revised landsca pe
plan that indicates 2 '/z inch cafiper size street trees planted 28 feet on center along SW
Locust.
2. Prior to site work, the applicant shall provide the City Arborist with a construction
sequence including installation and removal of tree protection devices, clearing,
grading, and paving.
3. Prior to site work, the applicant shall notify the City Arborist when tree protection
measures are in place so that he may verify that the measures will function properly
prior to construction.
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review
and approval:
4. Prior to issuance of a site permit, a Public Facility Improvement (PFI permit is required
for this project to cover planter stnp, street trees, 8 foot sidewalk an any other work in
the public right-of-way. Three (3) sets of detailed public improvement plans shall be
submitted for review to the Engineering Department. NOTE: these plans are in addition
to any drawings required by the Building Division and should only include sheets re—e�
to public improvements. Public Facility Improvement (PFI) permit plans shall conform to
City of Tigard Public Improvement Design Standards, which are available at City Hall and
the City's web page (www.ci.tiqard.or.us).
5. The PFI permit plan submittal shall include the exact legal name, address and telephone
number of the mdividual or corporate entity w�will be designated as the "Permittee",
and who will provide the financial assurance for the public improvements. For example,
specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state
within which the entity is incorporated and provide the name of the corporate contact
person. Failure to provide accurate information to the Engineering Department will delay
processing of project documents.
Additional right-of-way shall be dedicated to the Public along the frontage of Locust
Street to increase the right-of-way to 43.5 feet from the centerline. The applicant shall
al�� dedicate ROW at the radius of the Locust Street intersections at Lincoln Avenue and
90 Avenue. The description shall be tied to the existing right-of-way centerline. The
dedication document shall be on City forms. Instruc}ions are avadable from the
Engineering Department.
6. The applicant shall submit construction plans to the Engineerin� Department as a part of
the Public Facility Improvement permit, indicatmg that they will construct the following
frontage improvements along SW Locust Street as a part of this project:
A. 8-foot concrete sidewalk with 5-foot planter strip;
B. street trees in the planter strip spaced per TDC requirements;
C. streetlight layout by applicant's engineer, to be approved by City Engineer; and
D. driveway apron (if applicable).
7. The applicant shall execute a Restrictive Covenant whereby they agree to complete or
participate m the future improvements of SW Locust Street ad�acent to the subject
property, when any of the following events occur:
METZGER ELEMENTARY PLAYFIELDS PAGE 2 OF 19
11/S/04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
A. when the improvements are part of a larger project to be financed or paid for by
the formation of a Local Improvement District,
B. when the improvements are part of a larger project to be financed or paid for in
whole or in part by the City or other public agency,
C. when the improvements are part of a larger pro�ect to be constructed by a third
party and involves the sharing of design and/or construction expenses by the third
party owner(s)of property in addition to the subject property, or
D. when construction of the improvements is deemed to be appropriate by.the City
Engineer in conjunction with construction of improvements by others ad�acent to
the subject site.
8. An erosion control plan shall be provided as part of the Public Facility Improvement (PFI)
permit drawings. The plan shall conform to the "Erosion Prevention and Sediment
Control Design and Planning Manual, February 2003 edition."
9. A final grading plan shall be submitted showin� the existing and proposed contours. The
plan shall detail the provisions for surface drainage of all lots, and show that they will be
graded to insure that surface drainage is directed to the street or a public storm drainage
system approved by the Engineering Department. For situations where the back portions
of lots drain away from a street and toward adjacent lots, appropriate private storm
drainage lines shall be provided to sufficiently contain and convey runoff from each lot.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO USE OF THE PLAYFIELDS:
�u m�t to t e anning epartment organ racy, 7 , ext. or review an
approval:
10. Prior to their use, the playfields shall be screened from properties across SW Locust
Street with the use of a 6 foot tall chainlink fence with slats to match the other
approved fencing around the school site.
11. Prior to p►acing the required screening fencing alon� SW Locust Street, the applicant
shall ensure fhat adequate sight distance and vision clearance requirements are
maintained.
12. Prior to placement of any signs on site, the applicant shall appIy for a sign permit and
supply staff with the appropriate plans to verify compliance with TDC Chapter 18.780.
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review
and approval:
13. Prior to a final inspection, the applicant shall complete the required public improvements,
obtain conditional acceptance from the City, and provide a one-year maintenance
assurance for said improvements.
14. Prior to final inspection, the applicant shall provide the City with as-built drawings of the
pub{ic improvements as follows: 1 3 mil mylar, 2) a diskette of the as-builts in "DWG"
format, if available; otherwise "DX�" will be acceptable, and 3) the as-built drawings
shall be tied to the City s GPS network. The applicant s engineer shall provide the City
with an electronic file with points for each structure (manholes, catch basins, water
valves, hydrants and other water system features) in the development, and their
respective X and Y State Plane Coordinates, referenced to NAD 83 (91).
FAILURE TO SATISFY THE CONDITIONS OF APPROVAL WITHIN 18 MONTHS OF THE
EFFECTIVE DATE OF THE HEARINGS OFFICER'S DECISION SHALL RENDER THE
HEARINGS OFFICER'S DECISION VOID.
METZGER ELEMENTARY PLAYFIELDS PAGE 3 OF 19
11/8/04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
SECTION III. BACKGROUND INFORMATIQN
Site Histo :
e etzger Elementary School was approved as a conditional use in 1972 by the
Washington County Board of County Commissioners. A major modification of that site
occurred this year as part of the approval related to CUP2003-00003. The old school was
demolished, and a new school and playgrounds were constructed on the same site. At that
time, there were three residential properties bordering SW Locust Street. Buffering and
screening around these uses were required as part of the previous approval. Since thaf time,
the School Distnct has acquired those three properties, and demolished or relocated the
houses that stood on them.
Vicinit Information:
e site inc u ing the school grounds and three current residential properties) is zoned R-4.5
and surrounded on three sides by single-family homes, and commercial development on the
fourth (west) side. The site is located within the Washington Square Reg ional Center
planning district. There are specific design and density guidelines for ofher types. of
development within this district. The surrounding areas may be developed by a combination
of homes and businesses, as the ma'ority of that district is zoned to accommodate mixed
uses with medium to high density deve�opments.
Site Information and Pro osal Descri tion:
e sc oo site is currenty .47 acres in size and would be expanded by 1.66 acres to a total
of 8.13 acres with the addition of the three residential properties. The ap�licant is seeking to
convert the residential uses to expand the conditionally permitted schoo use, specifically to
construct playfields. There are no new structures being proposed with this application, apart
from a perimeter fence. This application also reflects eliminating the buffer and landscape
screening requirement around the three residential properties, as such buffering is no longer
relevant.
Since this application takes into account the recently approved school site, in large part, staff
defers to the findings of that previous decision. Modified or expanded findings are provided
where relevant to the sub�ect application request.
SECTION IV. DECISI4N MAKING PROCEDURES, PERMITS AND USE
Use Classification: Section 18.130.020
is s e se a egories.
The applicant is proposing to convert properties currently used for residential uses, to expand
the conditional use school site for pla�elds. Schools are permitted conditionally within the R-
4.5 zoning district.
Summa Land Use Permits: Chapter 18.310
e ines e ecision-ma ing type to which the land-use application is assigned.
The proposed use is a Conditional Use permit which is a Type III-HO decision, heard by the
Tigard Hearings Officer.
METZGER ELEMENTARY PLAYFIELDS PAGE 4 OF 19
11/8/04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
SECTION V. SUMMARY OF APPLICABLE CRITERIA
A summary o the applicable cnteria in this case m the hapter order in which they are
addressed in this report are as follows:
A. 18.330 S ecific Conditional Use Criteria
enera p rova ri ena
Additional onditions of Approval)
B. licable Develo ment Code Standards
i e eve o men eview
18.510 Residential oning Districts)
18.630 ashington Square Regional Center)
18.705 Access, Egress & Circulation)
18.725 Environmental Performance Standards)
18.745 Landscaping and Screening)
18.755 Mixed Solid Waste and Recyclable Storage)
18.765 Off-Street Parking and Loading Requirements)
18.780 Signs}
18.790 Tree Removal)
18.795 isual Clearance)
C. Street and Utilitv Improvement Standards (18.810)
D. m�f u y
SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS
A. SPECIFIC CONDITIONAL USE APPROVAL CRITERIA
Section 18.330.010.A states that the purpose of this chapter is to provide standards
and procedures under which a conditional use may be permitted, enlarged or altered if
the site is appropriate and if other appropriate conditions of approval can be met.
There are certain uses which due to the nature of the impacts on surrounding land
uses and public facilities require a case-by-case review and analysis.
Section 18.330.020.A states that a request for approval for a new conditional use shall
be processed as a Type I11-HO procedure, as regulated by Chapter 18.390.050, using
approval criteria contained in Section 18.330.030A and subject to other requirements
in Chapter 18.330.
GENERAL APPROVAL CRITERIA FOR A CONDITIONAL USE: SECTION 18.330.030
e s�te size an imensions provi e a equate area or t e nee s o t e propose use;
The existing site size is 6.47 acres, and will be increased by 1.66 acres as a result of this
request. The proposal requests approval to construct school playfields over �resent residential
properties. There was inadequate room for the proposed configuration of pla�elds under the
previous approval; however, the addition of this area will make a more suitably shaped and
sized site for the proposed use. This report evaluates the proposal and necessary setbacks,
landscaping, etc., and as demonstrated in the application and this report, the site size is
adequate for the needs of the proposed use.
The characteristics of the site are suitable for the proposed use considering size, shape,
location, topography, and natural features;
The site is currently developed with an existin elementary school and three previous
homesites. The site is larg e enough to accommoda�e the use. There are no specific limitations
to the site with regard to the shape, location, topography or natural features that would hinder
the development of the site with the proposed use.
All required public facilities have adequate capacity to serve the proposal; and
METZGER ELEMENTARY PLAYFIELDS PAGE 5 OF 19
11/8J04 PUBIIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
All public facilities including streets, storm and sanitary sewers, and water have adequate
capacity to serve the site as required by the previous conditional use decision. Street
improvements for the area in front of the previous homesites are discussed later in this report.
The applicable requirements of the zoning district are met except as modified by this
chapter.
The proposed site is located within the R-4.5 zoning district. As indicated earlier, schools are
permitted conditionally. As conditioned later in this report, the project can meet the
applicable requirements of the zoning district. The conditional use requirements are more
restnctive than the underlying zoning requirements with regard to site size and setback
requirements. The applicant has met or exceeded these requirements.
The supplementary requirements set forth in other chapters of this Code including but
not limited to Chapter 18.780, Signs, and Chapter 18.360, Site Development Review, if
applicable, are met or can be conditioned to be satisfied.
The applicable review criteria in this case include the following chapters of the Community
Development Code: 18.330, Conditional Use; 18.360, Site Development Review; 18.390
Decision Making Procedures; 18.510, Residential Zoning Districts, 18.630 Washington Square
Regional Center Standards, 18.705, Access, Egress and Circulation; 18.725, Environmental
Performance Standards; 18.745, Landscaping and Screening; 18.755, Mixed Solid Waste and
Recyclables Storage; 18.765, Off-Street Parkmg; 18.780, Signs; 18.790, Tree Removal;
18.795, Visual Clearance Areas; and 18.810, Street and Utility fmprovement Standards. The
development standards and requirements of these chapters are addressed further in this
report.
The proposal contains no elements related to the provisions of the following chapters: 18.350,
Planned Development; 18.380, Zoning MapRext Amendments; 18.410, Lof Line Adjustments;
18.420, Land Partitions; 18.430, Subdivisions; 18.520, Commercial Zoning Districts; 18.530,
Industrial Zoning Districts; 18.620, Tigard Triangle Desi n Standards; 18.640 Durham Quarry
Design Standards; 18.710, Accessory Residential Units; �8.715, Density Computations; 18.720,
Design Compatibility Standards; 18.730, Exceptions to Development Standards; 18.740,
Historic Overlay; 18.742, Home Occupations; 18.750, Manufactured/Mobile Home Regulations;
18.760, Nonconforming Situations; 18.775, Sensitive Lands; 18.785, Temporary Uses; and
18.798, Wireless Communications Facilities. These chapters are, therefore, found to be
inapplicable as approval standards.
The use will comply with the applicable policies of the Comprehensive Plan.
The Comprehensive Plan is implemented by the Community Development Code. Compliance
with Comprehensive Plan policies are, therefore, assured by satisfaction of the applicable
development standards of the development code as addressed within this report.
FINDING: Based on the analysis above, the General Approval Criteria for a Conditional Use
are satisfied.
ADDITIONAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE.
ection . . s ates at t e earings ut ority may impose conditions on the
approval of a conditional use, which are found necessary to ensure the use is
compatible with other uses in the vicinity, and that the impact of the proposed use on
the surrounding uses and public facilities is minimized. These conditions may
include, but are not limited to the following:
Limiting the hours, days, place and/or manner of operation;
The applicant has not indicated hours, days, or manner of operation, however, it can be
expected that the school would operate durin the same hours that it currently operates.
There is no evidence in the record to suggest�hat there is a need to limit the hours, days,
place and or manner of operation for the elementary school. This criterion is satisfied.
METZGER ELEMENTARY PLAYFIELDS PAGE 6 OF 19
11/8/04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
Requiring design features which minimize environmental impacts such as noise,
vibration, air pollution, glare, odor and/or dust;
The proposal would not likely generate any vibration, air pollution, odor, glare, noise, or dust
that would be considered out of character for the use. The applicant has sited the facility on
the property in a location that will minimize impacts to the surrounding neighborhoods. This
criterion is satisfied.
FINDING: The proposed site is adjacent (across developed rights of way) on three sides
to noise sensitive units as defined in the Tigard Municipal Code (TMC) Chapter
7.40.
Requiring additional setback areas, lot area, and/or lot depth or width;
The lot is large enough to accommodate the proposed pla�elds and school buildings. There
are no setbacks for playfields since no structures are proposed, and staff does not anticipate
a need for increased setbacks with the provision of right of way dedication, and screening as
discussed later in this report. This criterion is satisfied.
Limiting the building height, size or lot coverage, and/or location on the site;
There are no new buildings proposed with this application. In fact lot coverage statistics will be
lowered with the inclusion of this additional open area. The proposed pla�eld location is
appropriate given the orientation of the school site. This criterion is satisfied.
Designating the size, number, location and/or design of vehicle access points;
The applicant is proposing to eliminate three accesses off SW Locust, classified as a major
collector. No new accesses are proposed and existing access was reviewed and previously
approved. The criterion is satisfied.
Requiring street right-of-way to be dedicated and street(s) to be improved;
The site has frontage on three separate stre�ts. Half-street improvements and right of way
dedication has already occurred on SW 90 Avenue and SW Lincoln Street. The only
dedication of right-of-way that will be required is along SW Locust. The specifics of the
improvements are discussed in more detail in the street and utility section of this report. This
criterion is satisfied.
Requiring landscaping, screening, drainage and/or surfacing of parking and loading
areas;
Parking and loading areas were required to be screened by the previous decision.
Limiting the number, size, location, height and/or lighting of signs;
Compliance with the sign requirements for the underlying zone will be considered once a
design is reviewed. All additional signage is subject to the sign requirements which will be
reviewed with the sign permit application.
Limiting or setting standards for the location and/or intensity of outdoor lighting;
No additional lighting is proposed. This criterion is satisfied.
Rec�uiring berms, screening or landscaping and the establishment of standards for
their installation and maintenance;
METZGER ELEMENTARY PLAYFIELDS PAGE 7 OF 19
11/8/04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
The landscaping plan for the balance of the site was previously approved. To provide better
security for students attending the school and using the playfields, and to better screen the
use from properties across SW Locust, a requirement should be imposed for a chainlink
fence with slats or suitable equivalent to be established along the perimeter of the school site,
to tie back into existing fencing. . Beyond the required street trees and required screening,
staff does not see a need for requiring additional landscaping or berms.
Requiring and designating the size, height, location and/or materials for fences;
The applicant is proposing new chain link fencin�with slats along the rear property lines of
three F�ouses that are located along SW Locust. hain (ink fencing is an acceptable material
provided it adequately screens the use from adjacent single-family homes. This criterion can
be satisfied.
Requiring the protection and preservation of existing trees, soils, vegetation,
watercourses, habitat areas and/or drainage areas;
Some trees previously preserved along the shared property line of the prior residential uses
are { roposed for removal. These trees would be located in the middle of the proposed
Playfields. The applicant is retaining an existing deciduous tree as it appears healthy and is
ocated outside of the limits of the playfields and will not impede their use. There are no
watercourses, habitat or draina�e areas on the site. Soils are to be retained on the site. To
accommodate the �layfields, existing vegetation has been cleared. As demonstrated later in
this report, the app icant meets, or can be conditioned to meet this criterion.
Requiring the dedication of sufficient open land area for a greenway adjoining and
within the floodplain when land form alterations and development are allowed within
the 100-year floodplain; and
The property is not adjacent to the floodplain. This criterion is not applicable.
Requiring the construction of a pedestrian/bicycle pathway within the floodplain in
accordance with the adopted pedestrian/bicycle pathway plan.
The property is not adjacent to the 100-year floodplain. This criterion is not applicable.
FINDING: Additional screening is necessary along SW Locust Street. The other general
conditional use standards are met, or will be met through the imposition of
conditions elsewhere in this report.
CONDITION:Prior to their use, the pla�elds shall be screened from properties across SW
Locust Street with the use of a 6 foot tall chainlink fence with slats to match the
, other approved fencing around the school site.
ADDITIONAL DEVELOPMENT STANDARDS FOR CONDITIONAL USE TYPES:
e a itiona eve opment standards are specific criteria that must be considered at
the time of application for a conditional use.
The criterion states that there shall be no minimum lot size requirements for schools
other than what is required for the applicable zoning district;
That the setbacks shall be as follows:
Front Yard setback- 20 feet
Corner and through lot setback- 20 feet on any side facing a street
Side yard setback-20 feet
Rear yard setback- 30 feet
METZGER ELEMENTARY PLAYFIELDS PAGE 8 OF 19
11/8/04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
The minimum lot size for the R-4.5 zoning district is 7,500 square feet. This site is 8.13
acres. This criterion is satisfied. With regard to the setbacks, the building location was
previously approved and is not being modi�ied. The playfields are not sub�ect to setback
requirements. Any future structures such as bleachers, or backstops will need to meet the
side yard (as established by the prior conditional use application) setback of 20 feet.
B. APPLICABLE DEVELOPMENT CODE STANDARDS
SITE DEVELOPMENT REVIEW (18.360)
e i e eve opmen eview approval standards require that a development proposal
be found to be consistent with the various standards of the Community Development
Code. The proposal's consistency with these Code Chapters is reviewed in the
following sections.
RESIDENTIAL ZONING DISTRICTS (18.5101
The . zoni�gstric is esign�to accommodate detached single-famil�r housing
at a minimum lot size of 7,500 square feet. A wide range of civic and institutional uses
are also permitted conditionally.
Section 18.510.050 states that Development standards in Residential zoning districts are
contained in Table 18.510.2, however, because the proposed use requires conditional use
approval, the stricter standards of the conditional use section apply. The only standards that
are not specifically regulated by the Conditional Use chapter are lot coverage and building
height. There is no maximum lot coverage within the R-4.5 zoning district, and the maximum
height requirement is 30 feet. The remaining standards are exceeded by the conditional use
requirements.
Based on the analysis above, the underlying zone's development standards are met or
exceeded with the exception of the building height.
WASHINGTON SQUARE REGIONAL CENTER DESIGN STANDARDS (18.630)
The�Fiington quare egionarZent��esign tan ar s were a opte in 2002. All
new developments, including remodeling and renovation projects resulting in new
non-single family residential uses, are expected to contribute to the character and
quality of the area. In addition to meeting the design standards and other development
standards required by the Development and Building Codes, developments w�ll be
required to dedicate and improve public streets, connect to public facilities such as
sanitary sewer, water and storm draina�e, and participate in funding future
transportation and public improvement pro ects necessary within the Washington
Square Regional Center. The applicable sec�ions to this development are 18.630.040,
050, and 090. The remainin� sections are found to be inapplicable as they relate to the
mixed use zoning designations. Compliance with these standards are evaluated in the
following discussion.
Section 18.630.040 deals with street connectivity and states two options to
demonstrate com�liance. The applicant chose the design option. The design option
states that, "Loca street spacing shall provide public street connections at intervals of
no more than 530 feet; and bike and pedestrian connections on public easements or
right-of-way shall be provided at intervals of no more that 330 feet.
In this case, the street spacing is already achieved between SW Lincoln, and SW Locust
streets. The prior decision required a pedestrian connection through the site to satisfy this
standard.
Section 18.630.050 relates to site design standards. Specifically the standards that relate
to building placement on major and minor arterials, building setback, front yard setback
design, walkway connection to building entrances, and parking location and landscape
design.
No changes to the building location or internal walkway systems are proposed. These criterion
are satisfied.
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11/8/04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
Section 18.630.090 speaks to the requirements for landscaping of landscaped and
screened areas within parking lots, and along local collectors and local streets. Specific
to this project, the standards of 18.745 would apply in addition to a requirement that
trees shall be provided at a minimum of 2 1/2 inch caliper, at a maximum spacin� of 28
feet. Shrubs shall be of a size and quality to achieve the required landscaping or
screening effect within two years.
The applicant has provided a landscape plan for the site and has proposed to plant street trees
spaced 28 feet on center. It is not clear at what size these trees are to be planted. This
standard specifies 2 '/z inch caliper sized trees.
FINDINGS: The applicant has provided a landscape plan for the site that does not meet the
additional requirements imposed by this section for street tree size.
CONDITION: Prior to the issuance of buildin� permits, the applicant shall submit a revised
landscape plan that indicates 2 '2 inch caliper size street trees planted 28 feet on
center along SW Locust.
ACCESS, EGRESS AND CIRCULATION (18.705)
1To.�T—uiTcTing or o er permi s a e is� 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 applicant is proposing to remove three existing residential driveway accesses on SW
Locust. Apart from this change, no other modifications are proposed This criterion is
satisfied.
All vehicular access and egress.as required in Sections 18.705.030H 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.
The site has frontage on SW Lincoln, SW 90th, and SW Locust. All three are public streets,
and the approved accesses connect directly with the site. This criterion is satisfied.
Required Walkway Location
On-site pedestrian walkways shall comply with the following standards:
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 buildin�s in multi-building commercial,
institutional, and industrial complexes. Unless impractical, walkways shall be
constructed between new and ex�sting developments and neighboring developments;
No changes to the approved walkways are proposed. This criterion is satisfied.
Within all attached housing (exce�t 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;
This criterion is not applicable to this proposal.
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-�nch 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, excfusive of vehicle overhangs and obstructions such as mailboxes, benches,
bicycle racks, and sign posts, and shall be in compliance with ADA standards;
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11/8/04 PUBLIC HEARING STAFF REPORT TO TNE HEARINGS OFFICER
No changes to the approved walkways are proposed. This criterion is satisfied.
Required walkways shall be paved with hard surfaced materials such as concrete,
asphalt, stone brick, etc. Walkways may be required to be lighted and/or signed as
needed for sa�ety purposes. Soft-surfaced public use pathways may be provided only
if such pathways are provided in addition to required pathways.
The applicant is proposing to construct sidewalks with concrete materials on SW Locust.
This criferion is satisfied.
Access Mana ement (Section 18.705.030.H):
Section 18.70�.030.H.1 states that an access report shall be submitted with all new
development proposals which verifies design of driveways and streets are safe by
meeting adec�uate stacking needs, sight distance and deceleration standards as set by
ODOT, Washington County, the City and AASHTO.
Locust Street is classified as a Major Collector in the Washington Square Reg ional Plan. The
applicant is proposing to remove existing residential driveways, thus eliminating access from
these lots to Locust Street. An access report is not required: No new school accesses are
proposed. Other accesses were previously approved under this standard.
Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the
influence area of collector or arterial street intersections. Influence area of
intersections is that area where queues of traffic commonly form on approach to an
intersection. The minimum driveway setback from a collector or arterial street
intersection shall be150 feet, measured from the right-of-way line of the intersecting
street to the throat of the proposed driveway. The setback may be greater depending
upon the influence area, as determined from City Engineer review of a traffic im pact
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 ad'acent parcel. If shared access is not possible or practical, the
driveway shall be p�aced as far from the intersection as possible.
No new accesses are proposed. Other accesses were previously approved under this
standard. Driveways along the Locust Street frontage will be removed, thereby meeting this
criterion.
Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and
streets along a collector shall be 200 feet. The minimum spacing of driveways and
streets along an arterial shall be 600 feet. The minimum spacing of local streets alo.ng
a local street shall be 125 feet.
No new accesses are proposed. Other accesses were previously approved under this
standard.
ENVIRONMENTAL PERFORMANCE STANDARDS —CHAPTER 18.725:
equires a e era an s a e environmen a aws, ru es an regu ations be applied to
development within the City of Tigard. Section 18.725.030 Performance Standards
regulates: Noise, visible emissions, v�bration and odors.
Noise. For the purposes of noise regulation, the provisions of Sections 7.41.130 through
7.40.210 of the Tigard Municipal Code shall apply.
Visible Emissions. Within the Commercial zoning districts and the Industrial Park (I-P)
zoning district, there shall be no use, operation or activity which results in a stack or
other point- source emission, other than an emission from space heating, or the
emission of pure uncombined water (steam) which is visible from a property line.
Department of Environmental Quality (DEQ) rules for visible emissions (340-21-0'15 and
340-28-070) apply.
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Vibration. No vibration other than that caused by highwa vehicles, trains and aircraft is
permitted in any given zoning district, which is discern�le without instruments at the
property line of the use concerned.
Odors. The emissions of odorous gases or other matter in such quantities as to be
readily detectable at any point beyond the property line of the use creating the odors is
prohibited. DEQ rules for odors (340-028-090) apply.
Glare and heat. No direct or sky reflected glare, whether from floodlights or from high
temperature processes such as combustion or welding, which is visible at the lot line
shall be permitted, and; 1) there shall be no emission or transmission of heat or heated
air which is discernible at the lot line of the source; and 2) these regulations shall not
apply to signs or floodlights in parking areas or construction equipment at the time of
construction or excavation work otherwise permitted by this title.
Insects and rodents. All materials including wastes shall be stored and all grounds
shall be maintained in a manner which will not attract or aid the propagation of insects
or rodents or create a health hazard.
There is no evidence in the record that would suggest that any problems associated with noise,
emissions, vibrations, odors, glare and heat, or insects and rodents would result from the
expansion of the pla�elds.
FINDING: Based on the information provided by the applicant, the use of the property will
conform to the above requirements. If for some reason the above standards
were in question, and it was subsequently found that the use was out of
compliance with any of the above standards, the property owner would be
subject to code enforcement, court review, possible fines, and revocation of the
Conditional Use Permit. A search of City records does not indicate any code
enforcement issues associated with the existing use.
LANDSCAPING AND SCREENING —CHAPTER 18.745:
ree rees: ec ion . . s a es a a evelopment pro ects fronting on a
public street shall be required to plant street trees �n accor�ance with Section
18.745.040.0 Section 18.745.040.0 required that street trees be spaced between 20
and 40 feet apart depending on the size classification of the tree at maturity (small,
medium or large).
The project has frontage along three streets that require the placement of street trees. The
applicant has proposed to plant street trees along all three frontages. The sizing of the trees
does not meet the requirements of the Washington Square Regional Center Design Standards,
and staff has conditioned the applicant to revise the landscape plan earlier in this report. This
standard is satisfied.
Land Use Buffering and Screening:
Buffering and Screening is required between different types of land uses.
The proposed facility is in a residential zone and is adjacent to residential uses on three sides.
The uses are separated by nghts-of-way; therefore, there is no buffer requirement along those
property lines. Screening was previously addressed. This criterion is satisfied.
Screening of parking and loading areas is required. The specifications for this
screening are as follows:
Landscaped parking areas shalt 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;
These landscape requirements were previously addressed by the prior approval. This
criterion is satisfied.
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11/8✓04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
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
Landscaping interior to the site was addressed by the previous conditional use application
under these standards. This criterion is satisfied.
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.
Landscaping interior to the site was addressed by the previous conditional use application
under these standards. This criterion is satisfied.
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�ublic 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 contatned within the screened area;
Screening of refuse containers. Exce�t for one- and two-family dwellings, any refuse
container or refuse collection area which would be visible from a publ�c street, parking
lot, residential or commercial area, or any public facility such as a school or park shafl
be screened or enclosed from view by pfacement of a solid wood fence, masonry wall
or evergreen hedge. All refuse shall be contained within the screened area.
Screening interior to the site was addressed by the previous conditional use application under
these standards. This criterion is satisfied.
MIXED SOLID WASTE AND RECYCLABLES STORAGE — CHAPTER 18.755:
apter . requires t at new construc ion incorporates unct�ona and adequate
space for on-site storage and efficient collection of mixed solid waste and source
separated Recyclables prior to pick-up and removal by haulers.
The applicant must choose one (1) of the following four (4) methods to demonstrate
compliance: Minimum Standard, Waste Assessment, Comprehensive Recyclin� Plan,
or Franchised Hauler Review and Sign-Off. The applicant will have to submit evidence
or a plan, which indicates compliance with this section. Regardless of which method
chosen, the applicant will have to submit a written sign-off from the franchise hauler
regarding the facility location and compatibility.
This standard was conditioned under the previous approval. No changes to the solid waste
collection system is proposed. This standard is therefore met.
Location Standards.
To encourage its use, the storage area for source-separated recyclable shall be co-
located with the storage area for residual mixed solid waste; fndoor and outdoor
storage areas shall comply with Uniform Building and Fire Code requirements; Storage
area space rec�uirements can be satisfied with a single location or multiple locations,
and can combine both interior and exterior locations; Exterior storage areas can be
located within interior side yard or rear yard areas. Exterior storage areas shall not be
located within a required front yard setback or in a yard adjacent to a public or private
street; Exterior storage areas shall be located in central and visible locations on a site
to enhance security for users; Exterior storaye areas can be located in a parking area,
if the proposed use provides at least the minimum number of parking spaces required
for the use after deducting the area used for storage. Storage areas shall be
appropriately screened according to the provisions in 18.755.050 C, design standards;
The storage area shall be accessible for collection vehicles and located so that the
storage area will not obstruct pedestrian or vehicle traffic movement on the site or on
public streets adjacent to the site.
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11/8J04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
No change to the solid waste collection system is proposed. This standard is therefore met.
Design Standards.
The dimensions of the storage area shall accommodate containers consistent with
current methods of local collection; Storage containers shall meet Uniform Fire Code
standards and be made and covered with waterproof materials or situated in a covered
area; Exterior storage areas shall be enclosed by a sight-obscuring fence wall, or
hedge at least six feet in height. Gate openings which allow access to users and
haulers shall be provided. Gate openings for haulers shall be a minimum of 10 feet
wide and shall be capable of being secured in a closed and open position; Storage
area(s) and containers shall be clearly labeled to indicate the type of materials
accepted.
This standard was conditioned under the previous approval. No change to the solid waste
collection system is proposed. This standard is therefore met.
OFF-STREET PARKING AND LOADING (18.765)
�►t�e ime o t e erection o a new structure within any zoning district, off-street
vehicle parking will be provided in accordance with Section 18.765.070.
The additional area for pla ields does not impact the required parking that was previously
addressed in the prior con itional use approval. Elementary schools provide parking based
on the number of classrooms, which are not affected by this proposal. Therefore, no parking
standards are applicable to this request.
SIGNS 18.780 :
equires t at a permit be issued for any sign that is erected, re-erected, constructed,
structurally altered, or relocated within the City Limits.
FINDING: The applicant has not provided the needed information to issue a sign permit
because it is not necessary to do so at this time.
CONDITION:Prior to placement of any signs on site, the applicant shall apply for a sign
permit and supply staff with the appropriate plans to verify compliance with TDC
Chapter 18.780.
TREE REMOVAL— CHAPTER 18.790:
ec ion . requires a a ree plan for the planting, removal and protection of
trees prepared by a certified arborist be provided for a conditional use ap�lication.
The tree plan shall include identification of all existing trees, Identification of a
program to save existing trees or mitigate tree removal over 12 inches in caliper,
�dentification of which trees are proposed to be removed, and a protection program
defining standards and methods that will be used by the applicant to protect trees
during and after construction.
The original approval required preservation of several trees that were located alon the
perimeter of the previous residential properties. With the ball field expansion, these�rees
would be in the way of the proposed pla�elds. The Development code requires that those
trees be preserved unless they are deemed hazardous, or unless the tree removal plan is
subsequently modified. The current proposal modifies that removal plan by proposing to
remove all but one tree. The trees being removed have either been classified as smaller than
12" or hazardous, and thus no mitigation calculation is required. Tree protection measures
will be required during the sidewalk construction. Such measures will need to be inspected
by the City Forester prior to commencing such work.
FINDING: The applicant's arborist proposed tree protection measures that would be
necessary during any required construction activity. The remainder of the
impacted trees is not subject to mitigation.
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11/8/04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
CONDITIONS:
• The applicant shall provide the City Arborist with a construction
sequence including installation and removal of tree protection devices,
clearing, grading, and paving.
• The applicant shall notify the City Arborist when tree protection
measures are in place so that he may verify that the measures will
function properly prior to construction.
VISUAL CLEARANCE AREAS — CHAPTER 18.795:
ec ion . . . s a es a e provis�ons 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.
Section 18.795.030.B. states that a clear vision area shall contain no vehicle, hedge,
planting, fence, wall structure or tem porary 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 fine grade, except that trees
exceeding this height may be located in this area, provided all branches below eight
feet are removed.
The applicant has indicated in the narrative and the site plan that a clear vision area will be
maintained. When the fence is being placed, it will need to be set back to maintain adequate
visuaf clearance areas. Staff will review the areas at the time of final occupancy to ensure
compliance with the standards. This criterion is satisfied.
FINDING: With the imposition of the following condition, the vision clearance standards can
be met.
CONDITION: Prior to placing the required fencing along SW Locust Street, the applicant shall
ensure that adequate sight distance and vision clearance requirements are
maintained.
STREET AND UTILITY IMPROVEMENTS STANDARDS CHAPTER- 18.810:
apter . provi es construction stan ar s or t e imp ementation of public and
private facilities and utilities such as streets, sewers, and drainage. The applicable
standards are addressed below:
Streets:
Improvements:
Section 18.810.030.A.1 states that streets within a development and streets adjacent
shall be improved in accordance with the TDC standards.
Section 18.810.030.A.2 states that any new street or additional street width planned as
a�portion of an existing street shall be dedicated and improved in accordance with the
TDC.
Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires an arterial
street to have a 64 to 128-foot right-of-way width and varied paved section. Other
improvements required may include on-street parking, sidewalks and bikeways,
underground utilities, street lighting, storm drainage, and street trees.
This site lies adjacent to SW Locust Street, which is classified as a Major Collector on the
City of Tigard Transportation Plan Map. At present, there is approximately 30 feet of ROW
from centerline, according to the most recent tax assessor's map. The applicant should
dedicate the additional ROW to provide for 43.5 feet from centerline. The applicant shall also
dedicate additic�nal ROW to provide for the radius at the intersections of Locust with Lincoln
Avenue and 90 Avenue.
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SW Locust is currently partially improved. In order to mitigate the impact from this
development, the applicant shall construct an 8 foot sidewalk and a 5 foot planter strip. The
applicant shall also enter into a restrictive covenant for future half-street improvements.
Grades and Curves: Section 18.810.030.N states that grades shall not exceed ten
Percent on arterials, 12% on collector streets, or 12% on any other street (except that
ocal or residential access streets may have segments with grades up to 15% for
distances of no greater than 250 feet). Centerline radii of curves shall be as determined
by the City Engineer.
No change to the street grades is proposed.
Block Designs - Section 18.810.040.A states that the length, width and shape of blocks
shall be designed with due regard to providing adequate building sites for the use
contemplated, consideration of needs for convenient access, circulat�on, control and
safety of street traffic and recognition of limitations and opportunities of topography.
Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks formed by streets
shall not exceed 1,800 feet measured along the right-of-way line except:
. Where street location is precluded by natural topography, wetlands or other
bodies of water or, pre-existing development or;
. For blocks adjacent to arterial streets, limited access highways, major collectors
or railroads.
. For non-residential blocks in which intemal public circulation provides equivalent
access.
Section 18.810.040.B.2 also states that bicycle and pedestrian connections on Public
easements or right-of-ways shall be provided when full street connection is not
possible. S pacing between connections shall be no more than 330 feet, except where
precluded by environmental or topographical constraints, existing development
patterns, or strict adherence to other standards in the code.
No new streets are proposed and the site was previously approved without bisecting streets.
This criterion is met.
Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City
design standards and be located on both sides of arterial, collector and local
residential streets.
Sidewalk improvements will be completed along Locust Avenue frontages.
Sanitary Sewers:
Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to
serve each new development and to connect developments to existing mains in
accordance with the provisions set forth in Design and Construction Standards for
Sanitary and Surface Water Management (as adopted by Clean Water Services in 1996
and including any future revisions or amendments) and the adopted policies of the
comprehensive plan.
Over-sizing:
Section 18.810.090.0 states that proposed sewer systems shall include consideration
of additional development within the area as projected by the Comprehensive Plan.
The site is already served.
Storm Drainage:
General Provisions: Section 18.810.100.A states requires developers to make
adequate provisions for storm water and flood water runoff.
No upstream drainageways affect this site.
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11/8/04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
Effect on Downstream Drainage:
Section 18.810.100.D states that where it is anticipated by the City Engineer that the
additional runoff resultin from the development will overload an existing drainage
facility, the Director and�ngineer shall withhold approval of the development unt�l
provisions have been made for improvement of the potential condition or until
Provisions have been made for storage of additional runoif caused by the development
in accordance with the Design and Construction Standards for Sanitary and Surface
Water Management (as adopted by Clean Water Services in 2000 and including any
future revisions or amendments).
The site slopes downward from the north to the south. The applicanYs plans in�icate that
runoff will be collected in a swale and directed to the storm sewer system in 90 Avenue.
The net result of this project is that the impervious area will be decreased. Therefore, there
will be no additional storm drainage detention requirements.
Utilities:
Section 18.810.120 states that all utility lines, but not limited to those required for
electric, communication, lighting and cable television services and related facilities
shall be placed underground, except for surface mounted transformers, surface
mounted connection boxes and meter cabinets which maX be placed above �round,
temporary utility service facilities during construction, high capacity electric lines
operating at 50,000 volts or above, and:
. The developer shall make all necessary arrangements with the serving utility to
provide the underground services;
. The City reserves the right to approve location of all surface mounted facilities;
. All underground utilities, including sanitary sewers and storm drains installed in
streets by the developer, shall be consfructed prior to the surFacing of the
streets; and
. Stubs for service connections shall be long enough to avoid disturbing the
street improvements when service connections are made.
Exception to Under-Grounding Requirement:
Section 18.810.120.0 states that a developer shall pay a fee in-lieu of under-grounding
costs when the development is proposed to take place on a street where existing
utilities which are not underground will serve the development and the approval
authority determines that the cost and technical difficulty of under-�rounding the
utilities outweighs the benefit of under-grounding in conjunction with the
development. The determination shall be on a case-by-case bas�s. The most common,
but not the only, such situation is a short frontage development for which under-
grounding would result in the placement of additional poles, rather than the removal of
above-ground utilities facilities. An applicant for a development which is served by
utilities which are not underground and which are located across a public right-of-way
from the applicant's property shall pay a fee in-lieu of under-grounding.
There are existing overhead utilit�r lines along the frontages of SW Locust Street and gptn
Avenue. However, this code provision only applies to the frontage from where utility service
is taken. The applicant took power from SW Lincoln where no overhead lines were present.
Therefore no fee is applied.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY
Public Water S stem:
e propose improvements do not include any water line work.
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11/8/04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
Storm Water Qualit :
e iy as agreed to enforce Surface Water Management (SWM) regulations
established by Clean Water Services CWS) Design and Construction Standards
(adopted b� Resolution and Order No. 0�-7) which require the construction of on-site
water quality facilities. The facilities shall be designed to remove 65 percent of the
phosphorus contained in 100 percent of the storm water runoff generated from newly
created impervious surfaces. In addition, a maintenance plan shall be submitted
indicating the frequency and method to be used in keep�ng the facility maintained
through the year.
Since no net, new impervious area is being created a water quality facility is not required.
Gradin and Erosion Control:
esign an onstruction Standards also regulate erosion control to reduce the
amount of sediment and other pollutants reaching the public storm and surface water
system resulting from development, construction, grading, excavatin , clearing, and
any other activity which accelerates erosion. Per CWS regulations, �he applicant is
required to submit an erosion control plan for City review and approval prior to
issuance of City permits.
The Federal Clean Water Act requires that a National Pollutant Discharge Elimination
System (NPDES) erosion control permit be issued for any development that will
disturb one or more acre of land. Since this site is over five acres, the developer will
be required to obtain an NPDES permit from the City prior to construction. This permit
will be issued along with the site and/or building permit.
A final grading plan shall be submitted showing the existing and proposed contours.
The plan shall detail the provisions for surface drainage of all lots, and show that they
will be graded to insure that surface drainage is directed to the street or a public storm
drainage system approved by the Engineering Department. For situations where the
back portions of lots drain away from a street and toward adjacent lots, appropriate
private storm drainage lines shall be provided to sufficiently contain and convey runoff
from each lot.
Site Permit Re uired:
Tf�e p can is required to obtain a Site Permit from the Building Division to cover all on-site
private utility installations (water, sewer, storm, etc.) and driveway construction. This permit
shall be obtained prior to approval of the final plat.
D. IMPACT STUDY:
ection . . e states that the applicant shall provide an impact study to
quantify the effect of development on public facilities and services. For each public
facility system and type of impact, the stud�r shall propose improvements necessary to
meet City standards, and to minimize the impact of the development on the public at
large, public facilities systems, and affected private property users.
In situations where the Community Development Code requires the dedication of real
propertx interests, the applicant shall either specifically concur with a requirement for
public right-of-way dedicat�on, or provide evidence that supports that the real property
dedication is not roughly proportional to the projected impacts of the development.
The applicant has submitted an impact study addressing the required elements above. The
report substantiates that all services are capable of serving the site. The applicant has
Proposed to make the necessary improvements, and there is no applicable Transportation
mpact Fee associated with this development, because they are not increasing the number of
students that would be served by the site. Based on the conditions of approval and findings
of fact within this decision, there are no unmitigated impacts as a result of this development
to any public systems.
METZGER ELEMENTARY PLAYFIELDS PAGE 18 OF 19
11/8/04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
SECTION VII. OTHER STAFF COMMENTS
City of Tigard Arborist has reviewed this application and had no objections to it.
SECTION VIII. AGENCY COMMENTS
Clean Water Services has reviewed the proposal and notes that the design submittal shall
be in accordance with the district's design and construction standards of Resolution and
Order 04-09.
Qwest has reviewed the proposal and notes that it currently has conduit in the SW Locust
right of way. Should that conduit need to be relocated, it will occur at the city (and/or
applicant's) expense.
Verizon has reviewed the proposal and notes that the school is located in Qwest's service
area, but that there is still a Verizon cable serving the school. However, the proposed ball
fields should have no effect on the Verizon cable.
J� �` November 5 2004
. orga racy
Associate Planner
METZGER ELEMENTARY PLAYFIELDS PAGE 19 OF 19
11/8/04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
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METZGER ELEMENTARY SCHOOL BALL FIELDS
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NOTICE TO MORTGAGEE, LIENHOLDER,VENDOR OR SELLER:
THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE,
IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER.
CITY OF TIGARD
Community�Development
CITY OF TIGARD 5�����etterCommuttity
PUBLIC HEARIHG NOTICE
NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY
NOVEMBER 8, 2004 AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER AT 13125 SW
HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION:
FILE N4.: CONDITIONAL USE PERMIT (CUP) 2004-00006
FILE TITLE: METZGER ELEMENTARY SCH04L BALL FIELDS
APPLICANT/ Tigard-Tualatin School District 23J APPLICANT'S Ed Murphy &Associates
OWNER: Attn: Stephen Poage REP.: Attn: Ed Murphy
6960 SW Sandburg Street 9875 SW Murdock Street
Tigard, OR 97223 Tigard, OR 97224
PROJECT Cornerstone Management Group, Inc.
MANAGER: Attn: Greg Philo
5331 SW Macadam Avenue, Suite 377
Portland, OR 97239
REQUEST: The applicant is requesting Conditional Use approval for a major modificatior� to
the newly constructed Metzger Elementary School site to expand the school site
and include three (3) additional properties to construct ball fields just north of the
school. The new play area will be approximately 35,284 square feet.
Improvements to the site and surrounding area include street trees and sidewalks
along SW Locust Street, and removal of the three existing driveways.
LOCATION: 10350 SW Lincoln Street and 9080, 9120 and 9140 SW Locust St�eet; WCTM
1S135AB, Tax Lots 100, 202, 203 and 204.
ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to
accommodate detached single-family homes with or without accessory
residential units at a minimum lot size of 7,500 square feet. Duplexes and
attached single-family units are permitted conditionally. Some civic and
institutional uses are also permitted conditionally.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.330, 18.390, 18.510, 18.630, 18.705,
18.725, 18.745, 18.755, 18,765, 18.780, 18.790, 18.795 and 18.810.
THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF
CHAPTER 18.390 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURES ADOPTED BY
THE TIGARD CITY COUNCIL AND AVAILABLE AT C1TY HALL.
ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL
ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED
BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639�171, EXT. 2438 (VOICE) OR (503)
684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO
THE HEARING TO MAKE ARRANGEMENTS.
ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN
WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC
HEARING. AT THE PUBLIC HEARING, THE HEARINGS OFFICER WILL RECEIVE A STAFF REPORT
PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND
WRITTEN TESTIMONY. THE HEARINGS OFFICER MAY CONTINUE THE PUBLIC HEARING TO ANOTHER
MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON
THE APPLICATION.
IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION LESS THAN SEVEN (7) DAYS PRIOR
TO THE PUBLIC HEARING, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF
THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY
REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. A
REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY HEARING
(ORS 197.763(6).
INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE
TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR
DISAPPROVAL OF THE REQUEST BY THE HEARINGS OFFICER WILL BE BASED UPON THESE CRITERIA AND
THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE
REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED.
FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE
HEARING ON THE REQUEST ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE
HEARINGS AUTHORITY AN OPORTUNITY TO RESPOND TO THE ISSUE PRECLUDES AN APPEAL TO THE
LAND USE BOARD OF APPEALS BASED ON THAT ISSUE.
ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR
INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25t) PER PAGE, OR
THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS
PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO
COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25�) PER PAGE, OR THE CURRENT RATE
CHARGED FOR COPIES AT THE TIME OF THE REQUEST.
FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER MORGAN TRACY AT (503)
639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223, OR BY E-MAIL TO
morgan@ci.ti�ard.or.us.
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.�♦ ED MURPHY �t ASSOCIATES
� l,and Use Y1a�z�zitay a�zd 1_)ei�elul�rnerit Service.s
September 17, 2004
Kim McMillan
Engineering Department
City of Tigard
13125 SW Hall Blvd.
Tigard, Oregon 97223
RE: Metzger Elementary School II CUP application - Improvements to Locust
Avenue
Dear Ms. McMillan:
While preparing the plans for the ball fields at Metzger Elementary School, we
noticed the handwritten notes in the engineering section of the pre-application
conference meeting that we did not realize were there. On page 1 of 6, under
"Right-of-way dedication", the notes indicate that the City wants a dedication of
right-of-way 43.5 feet (rather than 29 feet) from centerline. Under the "Street
improvements" section, the notes indicate that the City wants 29.5 feet (rather
than 17 feet), of pavement from centerline with a 14-foot wide combination
concrete sidewalk and planter strip (rather than a 6-foot wide concrete sidewalk
with planter strip). It is not clear whether the City meant these comments to apply
just to the 250 feet of frontage of the three tax lots that are the subject to this CUP
application, or along the entire 450 feet of frontage between SW Lincoln Avenue
and SW 90Lh Avenue.
At the pre-application conference, the three of us who were there (Xaivier Rueda,
Greg Philo and mysel� cfearly remember the discussion about a 14-foot wide
combination sidewalk/planter strip, but none of us remember any mention at all of
dedicating 43.5 feet of right-of-way from centerline and paving 29.5 feet from
centerline.
If Locust is widened to 29.5 feet from centerline, it will mean relocation of a fire
hydrant, a fiber optic pedestal, an electric vault, an electric pedestal for the street
lights, three street lights, the cable vault, the phone pedestal, the telecom pedestal,
a catch basin and associated piping, and the sidewalk either routed around the
existing required tree or the tree removed to construct a straight sidewalk.
In our letter requesting a pre-application meeting, dated July 30, I stated the
following: "We assume that SW Locust Street will need to be improved along the
frontage of these parcels 18 feet from centerline to curb, with a 6'-wide concrete
sidewalk and street trees." We did not hear any disagreement with that
assumption in the pre-application meeting.
In our application, I made statements such as the following:
♦ "SW Locust Street is a collector street, and is already fully improved. The
proposed site plan (Exhibit 'E', Sheet 1.1) show the driveways being filled in
g8�s SW Murdack St. Tigard, Oregon .972z4
/Phone 503. 6z4.46z5 /C:eltular 503. 3,g.o6�� /Fa.x So3. g68.i6�q � f
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Metzger Elementary CUP!I
with matching sidewalk sections, and street trees planted behind the sidewalk.
However, because the school is within the Washington Square Regionai Plan
area, the City staff stated at the pre-application conference that the District
would have to imp�ove SW Locust Street with a 14-foot wide, combination
sidewall�/landscape planter strip. The District therefore now proposes replacing
the existing sidewalk with an 8-foot wide sidewalk, separated from the curb by a
6-foot wide planter strip."
♦ "The site plan shows SW locust Street improved to City standards. The
improvements to SW Locust Street will bring it up to current City standards,
including separated sidewalks with street trees in a planter strip. The site plan
does not show an 8' sidewalk with a 6'-wide planter strip, but that can be made
a condition of approval."
We assumed certain requirements to SW Locust Street based upon the
requirements on the original Metzger Elementary School Conditional Use Permit
application (CUP 2003-0003). These included the foliowing condition:
Condition #17. The applicant's construction plans shall include the reconstruction of the curb
returns and wheelchair ramps at the corners of Lincoln Avenue/Locust Street and 90th
Avenue/I.ocust Street. (These improvements have already been completed, by the
way).
Further, on page 25 of the staff report for the Metzger CUP, dated 4/28/04, staff
made the following statement:
"The school site also has partial frontage along Locust Street, a two-lane collector with bike
lanes west of Lincoln Avenue. This roadway is presently fully improved along the frontage,
except for street trees and the curb retums. This project will need to include the planting of
street trees and the construction of the curb returns at both 90`� Avenue and Lincoln Avenue to
meet cunent City standards."
This statement is consistent with the comments made in the engineering section of
the pre-application notes for Metzger CUP, dated 1/07/03, where Brian Rager
indicated on page 2 that partial improvements to Locust Street were required,
including at least 18 feet of pavement from centerline to curb, and a 6-foot
concrete sidewalk.
Finally, we note that the developers of the recently constructed office building at
the corner of SW Locust and SW Hall Blvd. were only required to construct a curb-
tight sidewalk...no planter strip, no wide sidewalks, no street improvements. We
also note that SW Locust Street is already fully improved to the west all the way to
SW Greenburg Avenue on both sides of the street, and east all the way to Hall Blvd.
on the south side of the street. A widening of SW Locust Street along the frontage
of the three tax lots, or even along the entire frontage from SW Lincoln Avenue or
edmurphy&associates/ttsd/metzSerll/kimlet/9/17/04 Page 2
Metzger Elementary CUP II
SW 90Lh Avenue, would not match any of the existing, or foreseeable future, street
sections between SW Greenburg Avenue and SW Hall Bivd.
The plans were submitted with our application only showed filling in the driveways
and matching the existing sidewalk. As we stated in our application, the School
District is prepared to remove all of the existing sidewalk sections and construct a
new 8-foot wide sidewalk and a 6-foot wide planter strip all along the school's
frontage on SW Locust Street from SW 90`h Avenue to SW Lincoln Avenue. They
are willing to do this even though the frontage of the three lots which are the
subject of this application represent only about 60% of that frontage. Because of
the cost and impact, however, the District is very concerned about a possible
condition of approval requiring dedication of additional right-of-way (to 43.5 feet
from centerline) and widening of Locust Street to 29.5 feet from centerline. It is
difficult to grasp how the removal of three homes and their driveways - a reduction
in trips generated by 30 trips per day, and a reduction in the number of driveways
with direct access onto a collector street - could trigger a requirement for such
street improvements.
We would like to have a conversation with you as soon as possible to discuss this
potential condition of approval. I will call you to schedu{e a time to meet.
Thanks Kim.
Sincerely,
Ed Murphy, A CP
cc. Morgan Tracy, Associate Planner, City of Tigard
Greg Philo, Project Manager, Cornerstone Construction Management
Xaivier Rueda, Setig/Lee/Rueda Architects
Qa►►�hy�so��.�ru��r��vix�rron�ioa Page 3
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CITY OF TIGARD
Community Ir?eveCopment
ShapingA BetterCommunity
MEMORANDUM
CITY OF TIGARD, OREGON
13125 SW Hall Boulevard
Tigard, Oregon 97223
(503)639-4171
Fax 684-7297
TO: Joe Turner, City of Tigard Hearings O icer
FROM: Morgan Tracy, Associate Planner ��
DATE: November 29, 2004
SUBJECT: Metzger Elementary Play Field Expansion
Following the close of the public hearing on November 8, 2004, the record was left open for
two week to allow the applicant, Ed Murphy, to submit additional written testimony. At issue
was the City's requirement for additional right of way, completion of limited street
improvements as well as the requirement for screening along SW Locust Street. Mr.
Murphy submitted his letter on November 22 (attached). The City was then given seven
days to provide a written response.
APPLICABILITY OF CUP REVIEW
Mr. Murphy begins his letter by noting that the Conditional Use application is limited to the
three residential tax lots that were not part of the recent school reconstruction conditional
use approval (CUP 2003-00003). The City expressly rejects this argument.
The conditional use approval for the Metzger Elementary School required buffering and
screening along the three residential properties:
"The applicant is proposing new chain link fencing with slats along the rear property lines
of three houses that are located along SW Locust. Chain link fencing is an acceptable
material provided it adequately screens the use from adjacent single-family homes. This
criterion can be satisfied." Staff Report, pg.9
Additionally, a tree plan was approved for this application. Following LUBA's Final Order
2003-133', modifications of an approved tree plan require a new public land use review
' Miller, et al v. City of Tigard, in part; "The tree plan must identify trees that will be saved and trees that will
be removed. The tree plan must include a protection program to protect trees during construction and after
construction. If trees that the tree plan proposes to save are later removed, removal of such trees constitutes
11/29/2004 Public Hearing - Memo to the Hearings Officer Page 1 of 6
RE: CUP2004-00006/Metzger Elementary Ballfield Expansion
In order to make these revisions to the approved site plan, the applicant was obligated to
include Tax Lot 100. While the applicant alleges that Tax Lot 100 is not a part of the
application, the result would be that the trees bordering the former residential properties
must remain, and the buffer and fencing that were required as part of the previous approval
will be required to be installed. Consequently, the site plan that was submitted with the
present application could not be constructed as shown. To modify the previous approval as
reflected in the current site plans, all four tax lots (1S135AB00202, 203, 204 and tax lot
100) are part of this application review.
RIGHT OF WAY DEDICATION ON SW LOCUST
Mr. Murphy notes that the Washington Square Regional Center Plan (hereafter"the PIan2")
does not specify how much right of way is required for SW Locust, but alludes to the
requirements found in Tigard Development Code (TDC) 18.810.030. The Washington
Square Regional Center area has adopted specific design standards, street classifications,
right of way requirements, and distinct street cross sections. These requirements were
adopted into the Development Code on March 28, 2002 and incorporated by reference into
the City's Transportation System Plan, which was adopted October 10, 2002. Staff initially
stated that SW Locust is a minor collector, but upon closer evaluation, notes that it is
actually designated a major collector in the Plan (pg.43). The right of way required for a
Major Collector is shown on page 49 of the Plan:
.., ��,, �� ��. ��'
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1�� S' ?� ll� li� If 7' 6' I�' 1� 11' II II' 11' 11' S IS-
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Parking arsd shade trees create a Guf�j`'Prfor Sirlewalks, n:edian strips and plantings muke ty�ical
pedestrians on typical str-eets designnted minor streeu decigreated major collectors more comfortable
collecto��s. and conve»iesrt for perlesCrians.
The SW Locust right of way is presently 70 feet wide with an offset centerline. There is 30
feet of right of way on the south side (bordering the school), with 40 feet on the north. The
Plan shows SW Locust Street as a Major Collector(diagram on the right) with 15' combined
sidewalk and planter areas on each side/two 5' wide bike lanesffour 11' travel lanes/and an
11' wide median turn lane. The total right of way width is 95 feet, or 47.5 feet from
centerline. With the 30 feet already present, to meet the ultimate planned width for Locust,
the school would be required to dedicate 17.5 feet of right of way. It should be noted that
the staff report erroneously states that Locust is a "minor collector" with 43.5 feet of right of
way required from centerline, or an additional dedication requirement of 13.5 feet.
a violation of the TRO. In that event, the city may impose a fine and require mitigation for the removal of a
tree that the tree plan proposed to save."
2 The full text of the Washington Square Regional Center Plan can be viewed at
http://www.ci.tiqard.or.us/city hall/departments/cd/docs/wash.pdf
11/29/2004 Public Hearing -Memo to the Hearings Officer Page 2 of 6
RE: CUP2004-00006/Metzger Elementary Ballfield Expansion
However, Mr. Murphy correctly notes that the Washington Square Regional Center Phase
II Implementation Program (hereafter "the Program3") identifies that a modified design for
Locust between SW Greenburg and SW Hall be provided with a three lane street section.
Moreover, the Plan states "To help traffic move more freely once crossfreeway connections
are built, the task force recommends improvements to [the LocusULincoln/Oak Street
System]. The intent is to distribute east/west traffic between Locust and Oak Streets and
improve accessibility to the Lincoln Center commercial district." (emphasis added). These
cross freeway connections are not yet in place, nor has funding been allocated to construct
them.
In consideration of this fact, staff finds that a modified street section may be appropriate in
this case, and more importantly is authorized by the Plan and Program, and thus the TSP
and most significantly the Development Code. The question remains, what modified
section is appropriate. As Mr. Murphy correctly notes, while the Program identifies the
desired street function, it does not specify a cross section to utilize. Staff examined
alternative right of way cross sections that provide for three lanes, and finds that a three
lane collector, as d�mensioned in TDC 18.810.030 is an appropriate interim standard for
this segment of SW Locust until such time that cross freeway connections are built. As
such, 70 feet is adequate right of way for the street.
-�r ..� J
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�-"hJ Cr . __.;,I-i, __ 7 j..
=� �, -v �_`'y =-
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.._.._ `. ��' (V�E?c�K7r1/ : ..� .:
�� b-8' S.5' ,6'Q�e ----11' ____ Tuin Larp. _ __ � l� __. 6'6ike 5.5_'_+bi8��..5'
RM' 7t7-74'
;
3 Lane 74'-74'R/W
However, in light of future anticipated improvements to Locust, it is reasonably foreseeable
that the street will be widened, and structures such as a back stop placed as close as 2.5
feet from the edge of the future right of way would constitute a safety hazard. As noted in
the Staff Report, the setback specified for Schools in TDC 18.330.030.B.3. authorizes the
Hearings Officer to impose additional conditions of approval including increased setbacks.
Staff recommends that the Hearings Officer require this additional setback in consideration
of the future street improvements and potential impacts to safety of school children of
having the future street so close to structures such as backstops.
Staff recommends that Condition Number 5 be amended:
5. The PFI permit plan submittal shall include the exact legal name, address and
telephone number of the individual or corporate entity who will be designated as the
"Permittee", and who will provide the financial assurance for the public
improvements. For example, specify if the entity is a corporation, limited
3 The full text of the Washington Square Phase II Implementation Program can be viewed at:
http://www.ci.tiQard.or.us/citv hall/deqartments/cd/docs/FinalSummaryReport Consolidated.PDF
11/29/2004 Public Hearing -Memo to the Hearings Officer Page 3 of 6
RE: CUP2004-00006/Metzger Elementary Ballfield Expansion
partnership, LLC, etc. Also specify the state within which the entity is incorporated
and provide the name of the corporate contact person. Failure to provide accurate
information to the Engineering Department will delay processing of project
documents.
�#ee�Y��Feas°+�#�-e#-wFay-�a4�.�-#eet�FS�F��se�eFl�b ^^^r,....,+
A�ion��o �nr! ��1� A��-cicnuC—Ft1C-tt�v�����'i�iii-v�-ii�'� +4-cv c�r��Xir�cinr�-rignt �+�-v�i"i��
And a new Condition #15 be added:
15. An additional setback of 17.5 feet along SW Locust Street (total of 37.5 feet)
for future right of way improvements wiI! be required. No permanent
structures, excepting fences, shall be/ocated within this setback area.
FUTURE IMPROVEMENT GUARANTEE
Mr. Murphy is also objecting to the requirement for a future improvement guarantee which
stipulates that the applicant participate in future street improvements when an LID is
formed or a larger project for the street is being initiated.
The Washington Square Regional Center standards in the development code state: �°All
new developments, including remodeling and renovation projects resulting in new non
single family residential uses, are expected to contribute to the character and 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 parficipate in funding future transportation and public
improvement projects necessary within the Washington Square Regiona! Center."
(emphasis added).
In light of the previous findings tied to right of way dedication, staff finds it appropriate to
add clarification to the condition requiring the Restrictive Covenant, tying the improvements
to the completion of cross freeway connections. But staff does not concede that the
requirement for the future improvements can or should be waived. Such a waiver would
violate the requirements of 18.810 and 18.630, as well as establish a precedent that would
enable future developments to circumvent the obligations of the Regional Center. Staff
recommends that Condition Number 7 be amended:
7. The applicant shall execute a Restrictive Covenant whereby they agree to complete
or participate in the future improvements of SW Locust Street adjacent to the subject
property following completion of cross freeway connections as specified in the
Washington Square Regional Center Implementation Program, when any of the
following events occur:
A. when the improvements are part of a larger project to be financed or paid for
by the formation of a Local Improvement District,
B. when the improvements are part of a larger project to be financed or paid for
in whole or in part by the City or other public agency,
C. when the improvements are part of a larger project to be constructed by a
third party and involves the sharing of design and/or construction expenses
by the third party owner(s) of property in addition to the subject property, or
11/29/2004 Public Hearing -Memo to the Hearings Officer Page 4 of 6
RE: CUP2004-00006/Metzger Elementary Ballfield Expansion
D. when construction of the improvements is deemed to be appropriate by the
City Engineer in conjunction with construction of improvements by others
adjacent to the subject site.
SIDEWALK WIDTH AND PLANTER STRIPS
Mr. Murphy argues that the sidewalk width be left as is, excepting the three driveway drops
which would be reconstructed on SW Locust to provide a uniform walking surface. The
sidewalk is presently 6 feet wide, but as stipulated in the Washington Square Regional
Center Plan, the required width for sidewalks and planter strips is 15 feet. However, as
noted previously in this memorandum, an interim improvement standard is acceptable.
This standard for three lane collectors requires a 6-8 foot wide sidewalk, where 6 feet is
required in residential and industrial zones and 8 feet is required for commercial zones.
The school is in an R-4.5 (residential) zone, so therefore a 6 foot sidewalk is adequate.
Further, since predominant sections of the sidewalk are preexisting and since a future
improvement to SW locust would require relocation of the sidewalk entirely, reconstructing
the sidewalk with planter strips at this time is not warranted. Exceptions to this requirement
are provided for in TDC 18.810.070.C. Therefore staff recommends that Condition
Number 4 be modified as follows
4. Prior to issuance of a site permit, a Public Facility Improvement (PFI) permit is
required for this project to cover��er�i�, street trees, and any
other work in the public right-of-way. Three (3) sets of detailed public improvement
plans shall be submitted for review to the Engineering Department. NOTE: these
plans are in addition to any drawings required by the Building Division and should
only include sheets relevant to public improvements. Public Facility Improvement
(PFI) permit plans shall conform to City of Tigard Public Improvement Design
Standards, which are available at City Hall and the City's web page
(www.ci.tiqard.or.us).
Additionally, Condition Number 6 likewise should be amended:
6. The applicant shall submit construction plans to the Engineering Department as a
part of the Public Facility Improvement permit, indicating that they will construct the
following frontage improvements along SW Locust Street as a part of this project:
;
A. Reconstructed sidewalk where driveway aprons on S W Locust are
presently/ocated.
B. street trees in the planter strip spaced per TDC requirements;
C. streetlight layout by applicant's engineer, to be approved by City Engineer;
ar�d
SCREENING
Lastly, Mr. Murphy argues that screening along SW Locust Street is not required and
should not be a condition of approval. Staff had intended that the screening along SW
Locust be consistent with other screening along the perimeter of the school. Screening
was previously required pursuant to TDC 18.745 to buffer the single family residences that
occupied the three tax lots now included in the school site, but such screening is now an
optional requirement of the Conditional Use Chapter (TDC 18.330.030.B.7) if conditions
merit such mitigation measures. Staff finds that schools in the City typically are not
screened when the buildings are buffered by large playfields from residential uses across
street rights of way. However, fencing should still be required to reduce the potential for
11/29/2004 Public Hearing - Memo to the Hearings Officer Page 5 of 6
RE: CUP2004-00006/Metzger Elementary Ballfield Expansion
play equipment as well as children from straying into the street. Therefore, staff would
support amending Condition Numbers 10 and 11:
10. Prior to their use, the playfields shall be fenced from SW Locust Street with a
minimum 6 foot tall fenc
11. Prior to placing the required ss�ee�gfencing along SW Locust Street, the
applicant shall ensure that adequate sight distance and vision clearance
requirements are maintained.
In summary, staff believes that with the recommended amendments to the conditions of
development approval, the proposed Conditional Use request satisfies the general
approval criteria and standards of the Tigard Development Code.
ATTACHMENTS:
Attachment 1 —Washington Square Regional Center Plan — Excerpts
Attachment 2—Washington Square Regional Center Implementation Program — Excerpts
Attachment 3 —Applicant's Written Testimony
11/29/2004 Public Hearing - Memo to the Hearings Officer Page 6 of 6
RE: CUP2004-00006/Metzger Elementary Ballfield Expansion
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6.TRANSPORTATION SYSTEM PLAN
Transportation is one of the major areas of empha- The challenge to regional center plan participants
sis in regional planning_ Perhaps there is no part of was to ensure access to this emerging regional cen-
the region in which transportarion plays a more criti- ter by all transportation modes. The task force
cal role than in this section of Washington Counry. wanted to balance air quality issues,congestion con-
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OVERALL DISTRICT IMPROVEMENTS
• Development of a "Transit Access and Ac- traffic problems. The task force members iden-
tion Plan" in concert with Tri-Met. Im- tified a menu of needs,including more frequent
proved transit service and a wider set of tran- service on existing bus lines, more direct con-
sit options will be very important in helping nections to other locations, creation of a com-
the regional center grow without increasing muter rail line,transit center improvements,and
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Recommended Motor Vehicle System Improvements
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• A collector system at Oak-Lincoln-Locust. • Widening Hall Boulevard to three lanes be-
To help traffic move more freely once cross- tween Oleson Road and the southern bound-
freeway connections are built, the task force ary of the study area. Hall Boulevard is a state
recommends improvements to this street sys- arterial roadway and a major travel corridor
tem. The intent is to distribute east/west traf- through the regional center. Upgrading this road-
fic between Locust and Oak Streets and im- way will reduce cut-through traffic in surround-
prove accessibility to the Lincoln Center com- ing residential neighborhoods and will provide
mercial district. It also would improve access overall improvements in traf�ic flow throughout
to residential areas for biryclists and pedestri- the area. In the short-term, pedestrian and bike
ans, as well as autos. The task force recom- improvements are needed.
mends that local governments apply traffic
management techniques here to protect The task force recognizes that the Regional Transpor-
neighborhood streets (see discussion on dis- tation Plan calls for expansion of Hall Boulevard to
trict improvements). five lanes. However, the task force endorses an ex-
pansion to three lanes while acquiring right of way
for a five lane roadway.
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Parking and shade trees create a buffer for Sidewalks, medsan strips and plantsngs make typical
pedestrians on typical sfreets designated minor streess designated major collectors more comfortable
collectors. and convenient for pedestrians.
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Conclusions and Recommendations
. The City of Beaverton and Tigard should coordinate with property owners to ensure that
the proposed streetscape for this facility is consistent with the property owners' needs.
The City of Beaverton has indicated that in the past, parking was a priority.
SW Locust Street
Modify between Hall Boulevard and Greenburg Road to include a three-lane section with
parking,bike lanes, sidewalks and other streetscape improvements; maintain as a lower speed
street.
Conclusions and Recommendadons
• Improvements to this roadway should be consistent with the surrounding neighborhood
land uses. The street should be planned to carry neighborhood and sub-regional trips at
low travel speeds.
. The surrounding neighbors would prefer that this street remain a neighborhood collector.
. There would likely be diversion of traffic onto Oak Street.
. Right-of-way may be required.
. The facility has little influence on the future form and function of Highway 217.
SW Oak Street
Modify the roadway to provide a two-lane section with parking, bike lanes and sidewalk between
SW Hall Boulevard and SW Lincoln Street.
Conclusions and Recommendations
• Coordination between Tigard and Washington County is required.
• There is likely to be diversion of traffic onto Locust Street during construction.
• Right-of-way may be required.
Washington Square Internal Roads
Build improvements to existing Washington Square Mall internal circulation roads to meet public
street standards, with bike lanes and sidewalks.
Conctusions and Recommendations
. As Tigard does not have jurisdiction over these roadways, the City would either have to
acquire the right-of-way,condition the improvements with further Mall development, or
obtain cooperation from the property owners.
. The roadways could be modified to public street standards easily.
COMPARISON OF EXISTING AND PROPOSED ZONING,AND TRANSPORTATION
IMPLICATIONS
At the conclusion of the Washington Square Regional Center Plan, it was clear that a number of
traffic-related questions needed to be addressed in the WSRC Implementation study, including
Summary Report: Conclusions and Recommendations June 29,2001
Washington Square Regional Center Implementation Page 19
• Ai�3
. � ♦�♦ ED MURPHY � ASSOCIATES
� Land Use Planning and Deuelop�ne�it Services
November 22, 2004 R EC E I V E D
7oe Turner NOV 2 2 2004
Hearings Officer CITY OF TIGARD
City of Tigard BUILDING DIVISION
13125 SW Hall Blvd.
Tigard, Oregon 97223
RE: Metzger Elementary School Il CUP application
Dear Mr. Turner:
This letter is to follow up from the November 8�', 2004 hearing on the Metzger Elementary
Schoo� Conditional Use Permit application for the expansion of the ball fields. At our request,
you left the record open unti15:00 P.M.,November 22°a
As we stated at the heazing, we agree with most of the staff report findings and
recommendations. We do have some disagreement in the following four areas:
1. Right-of-way dedication;
2. Sidewalk width;
3. Street widening improvements, even though deferred until a future date;
4. Screening.
Keep in mind that our Conditional Use Pernut application was only for constructing ball fields
onto tax lots 1S135AB00202, 203 and 204. Tax lot 100, which contains the rest of the school
facilities, is not part of this application. To promote good public relations, however,we included
tax lot 100 in the calculation of the notice area for the application. The School District bought
these parcels in order to create additional outdoor play space for the elementary school children.
They removed the three houses that were on these properties, as well as the three driveways onto
SW Locust Street. The school site will have no direct vehicular access to SW Locust Street.
The three homes that were on this site would have each generated roughly 10 vehicle trips per
day, or 30 vehicle trips per day all together, and because these homes had direct driveway access
onto SW Locust Street, they would have created points of tr�c conflict along the street. By
converting these pazcels into ball fields, the School District reduced the vehicular trips generated
and eliminated all direct driveway accesses onto SW Locust Street between SW Lincoln Avenue
and SW 90�' Street. The improvements planned will provide a safer pedestrian walkway along
SW Locust Street, better visual access to the new school from SW Locust Street and the
surrounding neighborhood, and of cowse, more publicly-owned, outdoor recreational space for
entire community.
9875 SW Murdock St. Tigard, Oregon g�2zq
/ Phone ,503. 624.46z5 /CeLlular 503. 3i4.o677 /Fax So3. g68.�674
Metzger Elementary CUP!1
1. Ri�ht-of-way dedication. Proposed condition of approval #5 would require the School
District to dedicate additional right-of-way along the frontage of SW Locust Street, increasing
the right-of-way to 43.5 feet from centerline. From a purely practical standpoint, dedication of
another 13.5 feet of right-of-way, plus the required 20' side yard setback from the new right-of-
way line, would mean that the baseball backstop would have to be moved about 12 feet
southward, toward the school building. Otherwise the backstop would be in the setback area,
and as the staff states on page 19 (last sentence of first paragraph) "any future structures such as
bleachers or backstops will need to meet the side yard...setback of 20 feet".1 The site is very
tight already, as can be seen from the site plan. Even with a 25% adjustrnent to the required side
yard setback, the backstop and baseball diamond would still have to be moved about 7 feet
southward.
From a public policy standpoint, the District finds the proposed requirement for right-of-way
dedication troubling. By law, any requirement for dedication of right-of-way and improvements
to the existing transportation facilities must be reasonably related to the proposed development
(the "nexus" requirement), and roughly proportional to the projected impacts of that proposed
development (the "rough proportionality" requirement).2 In this case, neither of those two
prerequisites are met. There is no essential nexus, because this application will actually decrease
traffic and conflict points on SW Locust Street. The subject CUP application includes no direct
vehicular access from the Metzger School site to SW Locust Street upon completion of the ball
fields. Similarly, there is no rough proportionality between the application's impacts and the
proposed exaction,because of the decrease in vehicular trips and conflict points.
The District also finds it troubling that the staff acknowledged at the hearing that the right-of-
way dedication requirement is more than can be justified based on the development's projected
impact. The staff report itself states on page 18, last pazagraph, that there are no unmitigated
impacts as a result of this development. Staff's position appeazs to be that, if the District refuses
to voluntarily propose or at least concur with the requirement to dedicate the right-of-way, then
the application should be denied. We do not believe a denial under these circumstances would
be a legally defensible position for the City to take.
Further, the City staff is recommending that the District dedicate the right-of-way along the
entire frontage of SW Locust Street between SW Lincoln Avenue and SW 90�' Avenue, even
though the CUP application includes only a portion of this frontage. The three tax lots that are
subject to this application together have only 250 feet of frontage out of the 450 feet of frontage
between SW Lincoln Avenue and SW 90�'Avenue. The remaining frontage was subject to CUP
2003-00002 (the "Metzger CUP"), which has already been processed, is a final decision, and did
not include any such dedication.
The requirement for additional right-of-way is based upon the Washington Square Regional
Plan, adopted in February 2000. That plan recommended that SW Locust Street be classified as
a major collector, connecting SW Hall Blvd. with SW Nimbus Avenue by extending it through
the Washington Square II azea and over Hwy. 217.
' Although the TDC does not specifically menrion bleachers or backstops,the definitions of"setback","structure",
and"building"support the stai�s assertion.
Z Dolan v.City of Tigard, 512 US 374, 115 S Ct 2309(1994).
edmurphy&auocrates/tlsd/metzgerll/turnerletter/11/21/04 Page 2
Metzger Elementary CUP II
The Washington Square Regional Plan notes on page 19 that SW Locust Street should be
madified between SW Hall Boulevard and SW Greenburg Road to include a three-lane section
with parking, bike lanes, sidewalks and other streetscape improvements. Further, it says that it
should be maintained as a lower-speed street, and that improvements should be consistent with
the surrounding neighborhood land uses, and that the street should be planned to carry
neighborhood and sub-regional trips at low travel speeds.
The Washington Square Regional Plan does not say specifically how much right-of way should
be required along SW Locust Street..just that "right-of-way may be required". However, the
TDC shows sample cross sections for collector streets in Figure 18.810.2. A 3-lane street, with
bike and pedestrian facilities and planter strips, would require 70' - 74' of right-of-way, which
would be 35'-37' from centerline.
The staff report, however, recommends that the School District be required to dedicate suf£icient
land to increase the right-of-way to 43.5 feet from centerline, which would be an 87'-wide right-
of-way. Based on either the City's Transportation System Plan, which shows SW Locust Street
as a Collector, or the Washington Square Regional Plan, which shows it as a Major Collector, it
is difficult to see why the staff is suggesting a dedication of 43.5-foot from centerline. Based
upon the impact of the proposed development - which is a sitive impact - it is difficult to see
how the proposed requirement for right-of-way is either reasonably related or roughly
proportional to the proposed development of the ball fields.
Further, it is also hard to see how the City can require a dedication along the entire frontage of
SW Locust Street between SW Lincoln Avenue and SW 90`� Avenue even though part of that
frontage is not within the scope of the current CUP application, and even though the remaining
frontage was part of a very recent CUP approval, i.e., the Metzger CUP, that did not require any
such dedication. Even if staff believes(as Mr. Tracy surmised at the hearing) that this may have
been an oversight at that time, it is simply not appropriate to try to obtain additional right-of-way
from the School District from the adjacent school-owned property as a condition of this CUP
application.
2. Sidewalk width. Proposed condition of approval #6A would require an 8-foot concrete
sidewalk with a 5-foot planter strip. As we stated in our letter to Kim McMillan dated
September 17�', 2004, we aze proposing to fill in the three driveways with a 6'-wide sidewallc
section, matching what is already there. In fact, there is already a sidewalk the entire distance of
SW Locust Street between SW Hall Blvd. and SW Greenburg Road along the south side of the
street, as well as along most of the north side of the street. Requiring an 8'-wide sidewalk with a
5'-wide planter strip causes significant problems for the District. It would mean relocation of a
fire hydrant, a fiber optic pedestal, an electric vault, an electric pedestal for the street lights,three
street lights, the cable vault, the phone pedestal, the telecom pedestal, a catch basin and
associated piping, and the sidewalk either routed around the existing required tree or the tree
removed to construct a straight sidewalk.
We do not believe this is necessary from the standpoint of safety, pedestrian convenience, nor
even aesthetics. Further, we do not believe it is required by the TDC. The TDC, Section
18.810.070.C. states that "a planter strip separation of at least five feet between the curb and the
edmurphy&associates/ttsd/metzgerlUturnerlener/I1/22/04 Page 3
Metzger Elementary CUP 11
sidewalk shall be cequired in the design of streets, except where the following conditions
exist:...the cwbside sidewalks already exist on predominant portions of the street; it would
conflict with the utilities; there are significant natural features (large trees...) that would be
destroyed if the sidewalk were required". All of these conditions exist here. As stated above,
SW Locust Street is already entirely developed along the south side of the street with curbside
sidewalks; moving the sidewalk back five feet would conflict with existing utilities; moving the
sidewalk back five feet would jeopardize a large, significant tree just east of ta�c lot *
1S135AB00204. The Development Code clearly allows the staff and Hearings Officer to make
an exception to the planter strip requirement in this circumstance, and we believe the evidence
shows that it is not warranted.
We believe that the School District's proposal to fill in the three driveways with a sidewalk
matching the existing sidewalk section, as per Exhibit `E' of our CUP application, is consistent
with the TDC requirements and the prior approval of the Metzger School CUP. It is also
consistent with other recent land use approvals, notably the approval of an office building a little
further to the east of the school property at the southwest comer of SW Locust Street and SW
Hall Boulevard. It is a reasonable,practical, common-sense proposal.
We should note that, in our application and again in ow letter to Kim McMillan dated September
17, 2004, we indicated that the School District was prepared to remove all of the e�sting
sidewalk sections and construct a new 8-foot wide sidewalk and a 6-foot wide planter strip all
along the school's frontage on S W Locust Street from S W 90`� Avenue to S W Lincoln Avenue.
We initiatly made this offer in response to the stafF's proposed requirement for a 14'-wide
combination sidewalk and planter strip. This was before we fully understood the design and cost
implications of the requirement, and before we realized that the staff would also be
recommending dedication of a significant amount of land as additional right-of-way, and an
agreement to participate in future street improvements. Upon further consideration, we decided
that our original proposal, which was to construct new curbs and fill in the sidewalk sections
where the three driveways were previously Iocated, was the most reasonable and appropriate
improvement.
3. Future improvements to SW Locust Street. Proposed condition of approval #7 would
require the School District to agree to participate in future improvements along SW Locust Street
adjacent to the property. Similazly to the recommended condition requiring right-of-way
dedication and the condition requiring an 8'-wide sidewalk and planter strip, this condition
would apply to the entire frontage the School District's four parcels have on SW Locust Street.
Again, the subject CUP application is only for the three parcels affected by the proposed ball
fields, not for the parcel on which the new Metzger School is sited.
As we stated on our letter to September 19`� letter to Ms. McMillan, no such requirements for
street improvements, whether they were to be done in the short term or long term, were placed
upon the approval of the Metzger CUP application—and that was the CUP that took into account
any transportation impacts the school might have. In fact, the record for the Metzger CUP
application reveals the following:
edmurphy&associates✓ttsd/mengerll/lurnerletter/11/22/04 Page 4
Metzger Elemeniary CUP/I
.
In the engineering section of the pre-application notes for Metzger CUP, dated 1/07/03, Brian
Rager indicated on page 2 that partial improvements to SW Locust Street were required,
including at least 18 feet of pavement from centerline to curb,and a 6-foot concrete sidewalk.
The staff made the following comment on page 25 of the staff report for the 4/28/03 bearing on
the Metzger CUP:
"The school site also has partial frontage along Locust Street, a two-lane collector with bike
lanes west of Lincoln Avenue. This roadway is presently fully improved along the frontage,
except for street trees and the curb returns. This project will need to include the planting of
street trees and the construction of the curb returns at both 90�' Avenue and Lincoln Avenue
to meet current City standards."
The conditions of approval, similazly, included only the following condition related to
improvements to SW Locust Street:
"Condition #17. The applicant's construction plans shall include the reconstruction of the
curb returns and wheelchair ramps at the corners of Lincoln Avenue/Locust Street and 90th
Avenue/Locust Street." (These improvements have already been completed, by the way}.
In contrast to the approval of the Metzger CUP application, however, staff noted in the pre-
application conference notes for the subject CUP application that SW Locust Street should be
improved to 29.5 feet from centerline. This would result in a 59'-wide street cross section.
While we are relieved that the city staff did not recommend that the School District be required
to improve SW Locust Street to at this time, we are concemed about the proposed requirement
that the District"execute a Restrictive Covenant whereby they agree to complete or participate in
the future improvements of SW locust Street adjacent to the subject property when any of the
following events occur:" It then lists four different types of events that may trigger the
improvements.
Why might the School District resist signing such a Restrictive Covenant?
♦ Similarly to the recommended requirement for right-of-way dedication, requiring SW Locust
Street to be improved to full city standards is not reasonably related to, nor roughly
proportionate to, the impact caused by the development. Again, the impact is zero. In fact,
by removing three homes and filling in the driveways, the development actually has a
positive impact. It doesn't matter whether the requirement is postponed until sometime in
the future,the "rational nexus"and"reasonable relationship"tests still apply.
♦ The proposed requirement is for the entire frontage between SW Lincoln Avenue and SW
90�' Avenue, even though the scope of the CUP application only includes a portion of that
frontage;
♦ The requirement is open-ended as to what the improvements might ultimately be. As
mentioned above, the staff suggested paving 29.5 feet from centerline would be appropriate.
Yet the Washington Square Regional Plan states that SW Locust Street is to be a three-lane
edrnurphy&associates/ttsd/metzgerll/turnerleder/11/22/04 Page 5
Metzger Elementary CUP II
section (page 19). The TDC (18.810.2) shows a three-lane collector street as having 46-foot
wide cross section, or 23' from centerline. The street width, sidewalk width, street lighting,
traffic controls, storm drainage, utilities relocation and landscaping requirements could a11
vary greatly depending on what standard the City chooses to apply at the time it requires the
improvements.
♦ The requirement is open-ended as to what the timeframe may be. The obligation on the
District runs forever. It is an on-going obligation upon the District that the City may choose
to draw upon at a time of its choosing, without necessarily taking into consideration the
District's financial situation at that time.
4. Construct 6'-hi�h fence with slats. Condition of approval #1� would require screening
the play fields from properties across SW Locust Street with the use of a 6'-tall chain link fence
with slats. We do not believe the TDC requires screening in fihis case. Buffering and screening
requirements, set forth in Section 18.745.050, are intended to eliminate the adverse impacts of
visual or noise pollution at a development site. This is a playground for children, and is not a use
that needs screening.
More specifically, Section 18.745.050.2 states that buffering and screening is required to reduce
the irnpacts on adjacent uses which are "of a different type" in accordance with the matrix found
on Table 18.745.1 and .2. Schools are not listed on the table; presumably, therefore, schools are
a use of the same type as single family detached units -- and therefore no screening or buffering
is required.
Even if they were considered different types, the ball fields aze separated from the single-family
homes by S W Locust Street. Table 18.745.2, footnote [1], states that buffers are not required
when abutting uses that are of a different type are separated by a street. Further, Section
18.745.050.2 states that screening is not required when different uses are separated by a right-of-
way.
The District wants the community to have visual access to the school. Not having slats in the
fence will provides an extra level of security, will help integrate the school into the fabric of the
neighborhood, will be more attractive, and will be easier and less expensive to maintain.
Staff agreed at the hearing that slats were not necessarily required by Code, but stated that the
Hearings Officer could require them because the ball fields are a conditional use. We would
request, for the reasons stated above, that the hearings officer not require slats in the chain link
fence. (For that matter, we would prefer that the Hearings Officer not to require fencing at all,
and certainly not specify a specific fence height or fence type. While the District plans to install
a 6'-high chain link fence, it may choose now or in the future to install a shorter fence, or a fence
made from different materials, or even no fence at all. We do not think that the City needs to
require any fencing around the ball fields, instead opting to leave that decision up to the School
District.)
We agree with the other proposed conditions of approval, with one minor correction to condition
#4. That condition references an 8-foot sidewalk. If condition#6A is changed so that it does not
edmurphy&associates/ttsd/metzgerll/turne�letter//1/22/04 Page 6
Metzger Elementary CUP II
require an 8- foot concrete sidewalk, then condition #4 should be changed as well. It should say
simply "sidewalk" instead of"8 foot sidewalk".
In summary, we respectfully request that the Hearings Officer amend the proposed conditions of
approval as follows:
1, Condition #4 should say "Prior to issuance of a site permit, a Public Facility
Improvement (PFI) pernut is required for this project to cover street trees, 6 foot sidewalk and
any other work in the public right-of-way." (The rest of this condition should remain as written).
2. Condition #5 should say "Additional right-of-way sha11 be dedicated, as necessary, to the
Public along the frontage of Locust Street to increase the right-of-way to 30 feet from the
centerline. The description shall be tied to the existing right-of-way centerline. The dedication
document shall be on City forms. Instructions are availahle from the Engineering Departrnent."
3. Condition #6.A. should say: "A. 6-foot concrete sidewalk to match the existing
sidewalk;"
4. Condition#7 (Restrictive Covenant} should be eliminated.
5. Condition #IO (screening with the use of a 6 foot tall chainlink fence with slats) should
be eliminated.
Thank-you for your consideration of these comments.
Sinc ly
Ed Murphy,AI P
cc. Morgan Tracy, Associate Planner, City of Tigard
Crreg Philo, Project Manager, Cornerstone Construction Management
Xaivier Rueda, Selig/Lee/Rueda Architects
Stephen Poage, Tigard-Tualatin School District
edmurphy&associates/usd/metzgerll/h�rnerletrer/11/22/04 Page 7
� �1� MURPHY �t ASSOCIATES
♦♦♦ Land lise Planning and Dezelopment Services
RECEIVED PLANNING
December 5, 2004 DEC 0 B 2004
.Toe Z'urner CITY QF TIGARD
Hearings Officer
City of Tigard
13125 SW Hall Blvd.
Tigard, Oregon 97223
RE: Closing arguments, Metzger Elementary School II CUP application
Dear Mr. Turner:
This letter presents our closing arguments on the Metzger Elementary School Conditional Use
Permit application for the expansion of the ball fields. We previously submitted written
testimony in a letter dated November 22, 2004. The staff has responded to that letter in a memo
to you dated November 29, 2004.
APPLICABILITY OF CUP REVIEW
NIr. Morgan ra.ises a good point in stating that, if modifications to an approved tree plan aze
involved, a new public land use review would be required. However, in this case, it does not
appear that the tree plan approved in CUP 2003-00003 was modified. Further, while it is true
that a chain link fence with screening was required as a condition of the Metzger Elementary
School CUP, that condition could have been easily changed through a simple minor modification
process. That is, there were no conditions of approval for the Metzger CUP that really needed to
be changed as part of the ball fields CUP application, and therefore there is no reason why the
Metzger CUP on tax lot 100 needed to be re-opened.
While it may have be very logical and efficient to include t� lot 100 and re-open the previous
land use decision in order to amend any conditions of approval that were obviously no longer
pertinent (since the three houses were removed), there is no justification to use that reopening as
a means to require additional right-of-way dedication, street improvements, additional setbacks,
fencing, screening and other i_mprovements that were not required in the "old" CUP.
Having said that, because the staff has amended its recommendations on the right-of-way
dedication and other exactions for tax lot 100, perhaps the issue of whether ta�c lot 100 is part of
the current application is now a moot point.
RIGHT-OF-WAY DEDICATION ON SW LOCUST
We agree with staf�s conclusion that the existing right-of-way is adequate for a three-lane
collector street, and commend staff for recognizing this. We agree with staf�s recommended
changes to Condition#5.
9875 SW 1�Turdock St. Tigard, Oregon g�zzq.
/Phone 5o3. 6zq..46a5 /CeLlular 503. 3i4.o677 /Fax ,503. g68.�674
1
Menger Elementary CUP 1I
However, we disa.gree with staff's recommendation that a new Condition #15 be added that
would require an additional 17.5-foot setback from the existing right-of-way, for a total of a
37.5-foot side yard setback requirement. Note that, according to the site plan, the backstop will
be located approximately 23 feet from the e�sting right-of-way. It would have to be moved over
14 feet further to the south to accommodate the proposed setback. This is four feet more than it
would have had to be moved under the initial staff recommendation (37.5' in the new staff
recommendation versus 33.5' in the previous recommenda.tion). Even though the staff is no
longer recommending dedication of right-of-way, the impact of this expansive setback would
impose substantial hazdship on the District and there is no justification for it.
There is no substantial evidence in the record to support the setback requirement. As we noted in
our letter of November 22, 2004, the school site is already constrained, and moving the backstop
further southward would make providing the recreadonal area for the children very difficult.
Further, the proposed setback is both unnecessary and non-sensible. The District is only
proposing to install a baseball backstop, which will be set back about 23 feet away from the
existing right-of-way. They are not proposing to build a school building there. (Any new
building would be subject to a new conditional use permit anyway}. But because of the
possibility that SW Locust Street may be widened someday in the distant future (once cross-
freeway connections are built), and because of the possibility that if Locust is widened it may be
improved to a standard that includes wide planter strips and sidewalks, a landscaped median,
bike lanes, and four lanes of travel,I staff is requesting that the current utility of the site be
drastically reduced by imposing a 37.5' setback on a backstop.
The cost to relocate or remove the backstop someday in the future, if it ever becomes necessary,
will be minimal. If the City ever has the funds to build cross-freeway connections and widen
SW Locust Street to the standard specified in the Washington Square Plan, then it would
certainly have enough money to pay for moving the backstop when it acquires the land it needs,
should that really be necessary. In the event that the widening of SW Locust Street is ever
funded and constructed as planned, the backstop can easily and inexpensively be moved at that
point. The point is, the burden of the 37.5' setback to the District is immediate, substantial and
real. The potential cost to the City of having to pay for moving the backstop is speculative,
minirnal, and may be based on little more than wishful thinking. There is no substantial evidence
in the record to justify such a draconian setback that substantially impairs the present utility of
the property, a11 to avoid a minimal future cost of having to remove or relocate a backstop in the
event that a currently unfunded road project somehow gets funded and built within the next 10,
15, 20 or more yeazs.
The School District strenuously opposes the staff recommendation for a 37.5-foot setback, and
urges you not to impose the recommended condition of approval#15.
� We would note that staffs additional setback recommendation is based on staffs speculation about which street
cross-section might be appropriate for any future expansion of Locust T'his speculation is unstable ground for
supporting a condirion of approval that has such a substanrial and adverse impact on the District's use of its property
for the foreseeable future.
edmurphy&associates/nsd/metzgerlUturnerletter2/12/OS/04 Page 2
' Me�zger Elementary CUP II
FUTURE IMPROVEMENT GUARANTEE
We have already made our arguments against signing a restrictive covenant agreeing to
participate in future improvements to SW Locust Street. The language staff suggests adding to
recommended condition of approval #7 clarifies that such participation would not be expected
until the cross freeway connections aze made. But staff seems to miss the central point of our
argument, which is that the requirement to execute such an agreement is not justified based on
the fact that the proposed development will have NO adverse impact on SW I,ocust Street, and in
fact, will have a positive impact. There is no substantial evidence in the record to support such a
condition of approval.
We do not believe that staff needs to be overly concemed about establishing a precedent that
would enable future developments to circumvent the obligations of the Regional Center Plan.
Most proposed developments will have transportation impacts, where it makes sense to impose a
requirement to make improvements to the transporta.tion system, either presently or in the future.
The District's proposed development does not. That is the difference.
We still request that you not eliminate recommended condition of approvat#7.
SIDEWALK WIDTH AND PLANTER STRIPS.
We agree with the staff's revised recommended conditions of approval#4 and#6. We think this
is a reasonable and sensible street improvement. As the site plan indicates, by the way, the
District intends to plant new street trees along the entire frontage of SW Locust Street, so the end
result will be a much-improved street section.
SCREENING.
We agree with the staf�s revised recommended conditions of approval #10 and #11. While we
are not convinced that the City needs to require the School District to construct fencing around
its play fields, we are pleased to see that the staff is no longer recommending a condition that
wouid require a chain link fence with slats for screening. As shown on the site plan, the District
plans to install a 6'-high chain link fence.
We want to express our appreciation to the staff for their positive response to our previous
comrnents, and for the changes they made in their recommended conditions of approval.
Thank-you for your consideration of these comments.
Sinc ely,
Ed Murphy, CP
cc. Morgan Tracy, Associate Planner, City of Tigard
Greg Philo, Project Manager, Cornerstone Construction Management
Xaivier Rueda, Selig/Lee/Rueda Architects
Stephen Poage, Tigard-Tualatin School District
edmurphy&assoc�ates/nsd/melzgerfl/turnerletter2/12/OS/04 Page 3
Pa Lunsford - Metz er II - re uest for dei�v � � ' Page 1 �
From: <Ejmurphy@aol.com>
To: <PATTY@ci.tigard.or.us>
Date: Monday, December 06, 2004 9:20:51 AM
Subject: Metzger II - request for delay
Hi Patty. As we discussed, we would like the Hearings Officer to delay his decision on the Metzger Ball
Fields CUP application until after the Christmas Holidays. If Mr. Turner could postpone his decision until
January 3rd instead of December 22, that would be great. The reason for the request is because many
school officials will be taking time off from work before and after Christmas, and may not be able to review
the decision.
The District will"toll the clock", i.e., extend the 120-day review period, by the extra number of days that the
decision is postponed because of the DistricYs request for the additional time.
Please confirm with Mr. Turner that he will extend the time, and then notify me of the same.
Thanks Patty.
Ed Murphy
503-314-0677 �
Pa Lunsford- Re: Metz er II -re uest fo�-'�lay � Page 1 j
From: "Joe Turner" <jtpc@qwest.net>
To: "Patty Lunsford" <PATTY@ci.tigard.or.us>
Date: Monday, December 06, 2004 2:46:52 PM
Subject: Re: Metzger II - request for delay
Thanks Patty. For the record, I will delay issuing my decision until
January 3, 2005, pursuant to the applicant's request. I will send you a
signed copy of the decision dated January 3, 2005 on or before that
date.
Joe
On Dec 6, 2004, at 2:35 PM, Patty Lunsford wrote:
> Correct, the applicant is only requesting approval to delay issuing
> the decision. In regard to your signature stamp, No I do not have
> one,just let me know what you want me to do.
>
> Patricia Lunsford, Planning Secretary
> City of Tigard, Oregon
> (503) 639-4171, ext. 2438
> patty@ci.tigard.or.us
>
> »> "Joe Turner" <jtpC@qwest.net> 12/6/04 1:59:50 PM »>
> Just to make sure i have this straight, the applicant is NOT requesting
> additional time to submit their final argument. The applicant submitted
> their final argument and the record is closed. The applicant is only
> asking that I delay ISSUING the decision until January 3, 2005. The
> applicant agreed to toll the 120-day clock for that purpose.
>
> If my summary of the request is correct, then sure. I am happy to have
> additional time in which to write the decision.
>
> Do you have my signature stamp? If so, I may send the decision to the
> City before the January 3 deadline, but you could delay printing it and
> stamping it with my signature until after January 3. I may send it
> early, because I am leaving for vacation on January 7 and I don't want
> this one to get lost in the shuffle. But you can delay"issuing" it
> until January 3.
>
> Thanks
>
> Joe
>
> On Dec 6, 2004, at 1:46 PM, Patty Lunsford wrote:
>
> > <ApplicanYs Closing Arguments.pdf>
>
Pattv Lunsford - Re: Hi Ed, Page 1 i
_ �
From: <Ejmurphy@aol.com>
To: <PATTY@ci.tigard.or.us>
Date: Tuesday, December 07, 2004 9:31:11 PM
Subject: Re: Hi Ed,
Thanks Patty.
By the way, in my letter to Joe Turner, on the last page, last sentence under
"Future Improvement Guarantee," I said we requested that he NOT eliminate
condition of approval#7. Of course, I meant to say that we are requesting that
he elirninate condition of approval#7. Whoops. Mr. Turner will probably see
that it is obviously a mistake, but if you don't mind, would you forward this
e-mail to him?
Thanks Patty.
Ed Murphy
503-624-4625
` _Pa�e � �
Pa�tt_ Lunsford - Fwd: Re: Hi Ed, -
From: Patty Lunsford
To: Joe Turner
Date: Wednesday, December 08, 2004 8:40:08 AM
Subject: Fwd: Re: Hi Ed,
Per the applicant's request, I am forwarding this email to you for clarification pertaining to his closing
arguments dated December 5, 2004.
Thanks Joe!
Patricia Lunsford, Planning Secretary
City of Tigard, Oregon
(503) 639-4171, ext. 2438
patty@ci.tigard.or.us
CC: Morgan Tracy
REQUEST FOR COMMENTS CITYOFTIGARD
Community�DeveCopment
S(apingA Better�'om7nunity
DATE: October 11,2004
T0: Matt Stine,Urban Forester/Public Works Annex
FROM: City of Tigard Planning Division
STAFF CONTACT: Morgan Trac11,Associate Planner[x24281
Phone: [5031639-4111/Fax: [5031684-129]
CONDITIONAL USE PERMIT[CUPI 2004-00006
➢ METZGER ELEMENTARY SCHOOL BALL FIELDSQ
REQUEST: The applicant is requesting Conditional Use approval for a major modification to the newly
constructed Metzger Elementary School site to expand the school site and include three (3) additional
properties to construct ball fields just north of the school. The new play area will be approximately 35,284
square feet. Improvements to the site and surrounding area include street trees and sidewalks along SW
Locust Street, and removal of the three existing driveways. LOCATION: 10350 SW Lincoln Street and
9080, 9120 and 9140 SW Locust Street; WCTM 1S135AB, Tax Lots 100, 202, 203 and 204. ZONE:
R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached
single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet.
Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses
are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code
Chapters 18.330, 18.390, 18.510, 18.630, 18.705, 18.725, 18.745, 18.755, 18,765, 18.780, 18.790,
18.795 and 18.810.
Attached are the Site Plan, Vicinity Map and ApplicanYs Statement/Plans for your review. From information
supplied by various departments and agencies and from other information available to our staff, a report and
recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to
comment on this application, WE NEED YOUR COMMENTS BACK__BY: OCTOBER 25. 200�; You may use the
space provided below or attach a separate letter to return your comments. If vou are unable to respond bv the above
date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as
possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR
97223.
PLEASE CHECK THE F�LLOWING ITEMS THAT APPLY:
We have reviewed the proposal and have no objections to it.
Please contact of our office.
Please refer to the enclosed letter.
_ Written comments provided below:
I Name 8� Number of Person(s) Commenting: C���� I v
� �
/ �
„ .. .
REQUEST FOR COMMENTS CITYOFTIOARD
�'ommunity�DeveCopment
ShapingA�etter Community
DATE: Octo6er 11,2004
T0: PER ATTACNEO
FROM: City of Ti9ard Planning Diuision
STAFF CONTACT: Morgan TracY,Associate Planner[x24281
Phone: [5031639-4171/Fax: [5031684-129)
CONDITIONAL USE PERMIT[CUPI 2004-00006
➢ METZGER ELEMENTARY SCHOOL BALL FIELDSQ
REQUEST: The applicant is requesting Conditional Use approval for a major modification to the newly
constructed Metzger Elementary School site to expand the school site and include three (3) additional
properties to construct ball fields just north of the school. The new play area will be approximately 35,284
square feet. Improvements to the site and surrounding area include street trees and sidewalks along SW
Locust Street, and removal of the three existing driveways. LOCATION: 10350 SW Lincoln Street and
9080, 9120 and 9140 SW Locust Street; WCTM 1S135AB, Tax Lots 100, 202, 203 and 204. ZONE:
R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached
single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet.
Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses
are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code
Chapters 18.330, 18.390, 18.510, 18.630, 18.705, 18.725, 18.745, 18.755, 18,765, 18.780, 18.790,
18.795 and 18.810.
Attached are the Site Plan, Vicinity Map and ApplicanYs StatementlPlans for your review. From information
supplied by various departments and agencies and from other information available to our staff, a report and
recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to
comment on this application, WE NEED YUUR COMMEM�'S BACK BY: �CTOBER 25: 2004� You may use the
space provided below or attach a separate letter to return your comments. If vou are unable to respond by the above
date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as
possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR
97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
_ We have reviewed the proposal and have no objections to it.
Please contact of our office.
Please refer to the enclosed letter.
_ Written comments provided below:
Name 8� Number of Person(s) Commenting:
. s. .
TY OF TIGARD REQUEST F0� OMMENTS
NOTIFICATION LIST FOR LAND USE & COMMUNITY DEVELOPMENT APPLICATIONS
; ; -
FILE NOS.: �.. ''� r L-�`- r� `a ._ �,, ; ' �,' FILE NAME: I�l_;� �:,,;�� _- �>.. � � � � �� ��
CITIZEN INVOLYEM�NT TEAMS
,
14-DAY PENDING APPLICATION NOTICE TO CIT AREA: ❑Central ��ast ❑South ❑West �Proposal Descrip.in Library CIT Book
CITY OFFICES
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_BUILDING DIVISIONlGary Lampella,Building Official �,ENGINEERING DEPT.lKim McMillan,Dvlpmnt.Review Engineer ��PUBLIC WORKS/Matt Stine,Urban Forester
�iiTY ADMINISTRATION/Cathy Wheatley,City Recorder �PUBLIC WORKS/8rian Rager,Engineering Manager
✓PLANNER—POST PROJECT SITE IF A PUBLIC HEARING ITEM-�0 BUSINESS DAYS PRIOR TO THE PUBLIC HEARING!
SPECIAL DISTRICTS
TUAL.HILLS PARK 8 REC.DIST.� TUALATIN VALLEY FIRE&RESCUE+► _ TUALATIN VALLEY WATER DISTRICT+R � CLEANWATER SERVICES+1�
Planning Manager Fire Marshall Administrative Offce Lee Walker/SWM Program
15707 SW Walker Road Washington County Fire District PO Box 745 155 N First Avenue
Beaverton,OR 97006 (place in pick-up box) Beaverton,OR 97075 Hillsboro,OR 97124
LOCAL AND STATE IURISDICTIONS
CITY OF BEAVERTON� CIN OF TUALATIN� OR.DEPT.OF FISH&WILDLIFE OR.DIV.OF STATE LANDS
_ Planning Manager Planning Manager 2501 SW First Avenue Melinda Wood cw�uN Fo�m Raq���eai
_ Steven Sparks,oev.Svcs.Manager 18880 SW Martinaui Avenue PO Box 59 ��775 Summer Street NE,Suite 100
PO Box 4755 Tualatin,OR 97062 Portland,OR 97207 ��� �lem,OR 97301-1279
Beaverton,OR 97076 .�
OR.PUB.UTILITIES COMM.
METRO-LAND USE 8 PLANNING � _OR.DEPT.OF GEO.&MINERAL IND. 550 Capitol Street NE
_ CITY OF DURHAM � 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380
City Manager Portland.OR 97232-2736 PoRland,OR 97232
PO Box 23483 _ Bob Knight,Data Resource Center(ZCA) US ARMY CORPS.OF ENG.
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CITY OF KING CITY� _ Jennifer Budhabhatti,RegionalPlanner(Wetlands) 635 Capitol Street NE,Suite 150 PO Box 2946
City Manager _ C.D.Manager,GrowNManagementServices Salem,OR 97301-2540 Portland,OR 97208-2946
15300 SW 116th Avenue
King City,OR 97224 WASHINGTON COUNTY jR
OR.DEPT.OF ENERGY(PowedinesinArea) _OR.DEPT OF AVIATION�Monopo�eTOwars� Dept.of Land Use&Transportatic
Bonneville Power Administration Tom Highland,Planning 155 N.First Avenue
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Planning Director PO Box 3621 Salem,OR 97310 Hillsboro.OR 97124
PO Box 369 Portland,OR 97208-3621 St@V6 COf1W8Y(General Apps.)
Lake Oswego,OR 97034 Gregg Leion tcPn�
_ OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 � Brent CuRis ccPn>
CITY OF PORTLAND (NOtify for WetlanUS antl Potential Envimnmental Impacts) _M8f2I1 D21lIeISOf1,Development Review Coortlinator poria Mateja czca�nns,a
Planning Bureau Director Regional Administrator Carl Torland, Right-of-Way Section�va�ano�5� _Sr.Cartographer,oP,,2oA�MS,<
1900 SW 4�"Avenue,Suite 4100 2020 SW Fourth Avenue,Suite 400 123 NW Flanders
Portland,OR 97201 Portland,OR 97201-4987 Portiand,OR 97209-4037
WA.CO.CONSOL.COMM.AGNCY ODOT,REGION 1 -DISTRICT 2A� _ODOT,RAIL DIVISION STATE HISTORIC
Dave Austin�wcccni��e��"(ManepobTowvn� Sam Hunaidi,Assistant Distnct Manager (Notity if ODOT R/R•Hwy.Crossing is Only Access to Land) PRESERVATION OFFICE
PO Box 6375 5440 SW Westgate Drive,Suite 350 Craig Reiley (NOtify if Property Has HD Overlay)
Beaverton,OR 97007-0375 Portland,OR 97221-2414 555-13`"Street,NE,Suite 3 1115 Commercial Street,NE
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UTILITY PROVIDERS AND SPECIAL AGENCIES
PORTLAND WESTERN R/R,BURLINGTON NORTHERN/SANTA FE R/R,OREGON ELECTRIC R/R(eurlington Northern/Santa Fe R/R Predecessor)
Robert I. Melbo,President&General Manager �
�1ow. 1othAvenue S�i"�� �j�l{:., :',,t"� �
Albany,OR 97321
SOUTHERN PACIFIC TRANS.CO.R/R METRO AREA COMMUNICATIONS JCOMCAST CABLE CORP. _ RI-MET TRANSIT DVLPMT.
Clifford C.Cabe,Construction Engineer DCbf2 P21f112f(a.nnexationsOn�y) Randy Bice (SeeMapfaAreeCmixt) (IfProjedisWit�in%MileofaTransitROUte)
5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Ben Baldwin,Project Planner
Portland,OR 97232 1815 NW 169th Place,S-6020 Beaverton,OR 97005 710 NE Holladay Street
Beaverton,OR 97006-4886 / �Portland,OR 97232
`�PORTLAND GENERAL ELECTRIC i�NW NATURAL GAS COMPANY `�VERIZON ✓ QWEST COMMUNICATIONS
Ken Gutierrez,Svc.Design Consultant Scott Palmer,Engineering Coord. Ken Perdue,Engineering Richard Jackson,Engineering
9480 SW Boeckman Road 220 NW Second Avenue PO Box 1100 8021 SW Capitol Hill Rd,Rm 110
�ilsonville,OR 97070 Portland,OR 97209-3991 Beaverton,OR 97075-1100 Portland,OR 97219
�� TIGARD/TUALATIN SCHOOL DIST.#23J BEAVERTON SCHOOL DIST.#48 COMCAST CABLE CORP. COMCAST CABLE COMMUNIC.
Marsha Butler,Administrative Offices Jan Youngquist,Demographics Alex Silantiev�s,�M�faA�,a�«,��n Diana Carpenter cA�.EaHd�r+«��
6960 SW Sandburg Street 16550 SW Merlo Road 9605 SW Nimbus Avenue,Bldg. 12 10831 SW Cascade Avenue
Tigard,OR 97223-8039 Beaverton,OR 97006-5152 Beaverton,OR 97008 Tigard,OR 97223-4203
� INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN 500'OF THE SUBJECT PROPERTT FOR ANY/ALL
CITY PROJECTS (Project Planner Is Responsible For Indicating Parties To Notifr�, h:�patty�masters�Request for Comments Notdication LisLdoc (UPDATED. 5-Aug-04)
(Also update:"i:\curpin�SeWp\labels�annexation_utilities and franchises,doc"when updating this document)
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FAX TRANSMITTAL
Qwest Corporation
8021 5W Capitol Hill Road #160
Portland, OR 97219
Phone: 503-242-6376
Fax: 503-242-7513
TO: Tracy Morgan, Via Fax: �503-684-7297
Assaciate Planner
City of Tigard
FROM: Florence M. Mott
Manager, ROW
Oregan
DATE: October 18, 2004
RE: 10350 SW Lincoln Street and 9140 SW Locust Street
Dear Ms. Morgan:
Attached please find Qwest's response to your Request for Comments sent to our engineer,
Richard Jackson.
In the future, would you please forward all notices to me so that I can handle them in a timely
matter. Thank you.
Sincerely,
QWEST CORPORATION
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Florence M. Mott
Manager, AOW
Oregon
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REQUEST FOR COMMENTS cmOFn�arta
Community�DeveCopment
ShapingA Better�'ommunity
DATE: Oct�ber 11,2004
T0: Richard lackson,Qwest Communicatlons Enginee�ng
FROM: Cii�ef Ti9ard Plann(ng Diuision
STAFF CONTACT: I�oraan Tracy,Associate Planner[x24281
Phone: [5031639-4171/Fax: [503]684-1297
GONDITIONAL USE PERMIT[CUPI 2004-D0006
➢ METZGER ELEMENTARY SCNOOL BALL FIELDS�
' REQUEST: The applicant is requesting Conditional Use approval for a major modification to the newly I
constructed Metzger Elementary School siie to expand the scnool site and include three (3) additiona�
properties to construct ball fields just north of the school. The new play area will be approximately 35,284
square feet. Improvements to the site and surrounding area include street trees and sidewalks afong SW
Locust Street, and removal of the th�ee existing driveways. LOCATION: 10350 SW Lincoln Street and
9080, 9120 and 9140 SW Locust Street; WCTM 1S135AB, Tax Lots 100, 202, 203 and 204. ZONE:
R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached
single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet.
Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses
are also permitted canditionally. APPLICABLE REVIEW CRITERIA: Community Development Code
Chapters 18.330, 18.390, 18.510, 18.630, 18.705, 18.725, 18.745, 18.755, 18,765, 18.780, 18.790,
18.795 and 18.810.
Attached are the Site Plan, Vicinity Map and ApplicanYs Statement/F'lans for your review. From information
supplied by various departmenfs and agencies and from other information available to our staff, a report and
recommendation will be prepared and a decision will be rendered on the pro osal in the near future. If you wish to
comment on this application, I�I1;��R�C3..��'U�'C2�MM�1�7�S��F�,'l.'R�..� �"#����I�Z5��0�`4'� You may use the
space provided below ar attach a separate letter to return your comments. I you are unable to respond by the above
date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as
possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR
97223.
P� '�•.4�E �t-lECK Tuc ��LLO�J:�!E�G 1T�MS THAT APpLY :;:�
_ We have reviewed the proposal and have no objections to it.
_ Please contaet of our office.
_ Please refer to the enclosed letter.
� Written comments provided below:
/��' U�
sidewalk on Lincoln Street that then goes in and feeds the school.. It is necessary that
you retain our rights to be there, or, if the conduit should need to be moved, it will have
_ Florence M. Mott, Manage� R.i�ht-of Way Ore�on
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CleanWater Services
(�nr c��ininit�u��nf is cic�ir.
MEMORANDUM
DATE: October 27, 2004
ti
FROM: Jackie Sue Humphrey lean Water Services (the District)
TO: Morgan Tracy, City of Tigard
SUBJECT: Metzger Elementary School Ball Fields, CUP 2004-00006
GF,NF,RAL COMMENTS
■ The design submittal shall be in accordance with Clean Water Services (the District) Design
and Construction Standards, Resolution and Order No. 04-09 (R&O 04-09) and the Erosion
� Yrevention and Sediment Control Manual, December 2000 edition.
2550 SW Hillsboro Highway • Hillsboro, Orego�97123
Phone: (503)681-3600 • Fax: (503)681-3603•www.CleanWaterServices.org
�
REQUEST FOR COMMENTS CIiYQFTlOARD
Comrnunit,y�cucloyntcrtt
DA?�; Octo6er 11,2004 Sftapir�g,�4ietter�ommuriicy
T0: �(en Perdae,lle��zon
FROM: C[t�of Tlgard Planning Divtston
STAFF CONTACT: Morgap Tracv.Assoclate Planner�C2428]
Phone: [5031639-4171/Fax: [50316841291
CONDITIONAL USE PfRMIT[CUPI 2004-00006
➢ METZGER ELEMENTARY SCH00!BALL FIELDS�
REQUEST: The applicant is requestin� Conditional Use approval for a major modification to the newly
constructed Metzger EI'ementary School site to expand the schoof�siie and inciude three (3) additional
propErkies to construct ball fields just north of the school. The new piay area will bE approximately 35,284
square feet. Improvements to the site and surrounding area include street trees and sidewalks along SW
Locust Street, and removal of the three existing driveways. LOCATION: 10�50 SW Lincoln Street and
9080, 9120 and 9140 SW Locust Street; WCTM 1S135A6, Tax Lots 100, 202, 203 and 204. ZONE:
R�.S: Low-Density Residential District. The R-4.5 zoning district is designed to accommodatE detached
single-family homes with or without accessory residenti�l units �t a minimum lot size of 7,540 square feet.
Duplexes �nd �ttached single-family units are permitted conditionally. Some civic and institutional uses
are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Cod�
Chapters 18.330, 18.390, 18.510, 18.6�0, 18.705, 18.725, 18.745, 1$.755, 18,765, 18.780, 18.790,
18.795 and 18.810.
Attached are the Slte Plan, Vicinity Map and Applicant's Statement/Plans for your review, From information
supplied by various departments and agencies and from other information available ta our staff, a report and
recommendation will be prepared and a decis�on will be rendered on the roposal in the near future, If you wish to
comment on this application, 11ITE�A�E'ED"S�"�1�RWCl7�l�M�NTS�'piC' .;} ,-���CTCf�E'R"'�`��'a�'A�7 You may use the
space provided below or attach a separate letter to return your comments. If vou are unable to resaond bv the above
date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as
possible. If you have any questions, contact the Tigard Planning Division, 1312� SW Hall Boulevard, Tigard, OR
97223.
_.--:f?LEAS'��;�^.f-C,E�.It�T�iE`w^�:..^.�'��t:t�:.^�:tT...�lS�T-t�^'�°�LP�L`!, x,::;�,.,,� ,:,,.,.: r =.
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,� We have reviewed the proposal and have no objections to ik,
_ Please contact of our office.
_ Please refer to the enclosed IEtter.
_ Written comments provided below:
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Name 8 Number of Person(s) Commenting:
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MEMORANDUM
CITY OF TIGARD, OREGON
DATE: 11/04/04
TO: Morgan Tracy, Associate Planner
FROM: Kim McMillan, Development Review Engineer����
RE: Metzger Elementary School Ball Fields CUP2004-00006
Access Manaqement (Section 18.705.030.H)
Section 18.705.030.H.1 states that an access report shall be submitted with
all new development proposals which verifies design of driveways and
streets are safe by meeting adequate stacking needs, sight distance and
deceleration standards as set by ODOT, Washington County, the City and
AASHTO.
Locust Street is classified as a Major Collector in the Washington Square
Regional Plan. The applicant is proposing to remove existing residential
driveways, thus eliminating access from these lots to Locust Street. An access
report is not required.
Section 18.705.030.H.2 states that driveways shall not be permitted to be
placed in the influence area of collector or arterial street intersections.
Influence area of intersections is that area where queues of traffic
commonly form on approach to an intersection. The minimum driveway
setback from a collector or arterial street intersection shall be150 feet,
measured from the right-of-way line of the intersecting street to the throat
of the proposed driveway. The setback may be greater depending upon the
influence area, as determined from City Engineer review of a traffic impact
report submitted by the applicant's traffic engineer. In a case where a
project has less than 150 feet of street frontage, the applicant must explore
any option for shared access with the adjacent parcel. If shared access is
not possible or practical, the driveway shall be placed as far from the
intersection as possible.
Driveways along the Locust Street frontage will be removed, thereby meeting this
criterion.
Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways
and streets along a collector shall be 200 feet. The minimum spacing of
driveways and streets along an arterial shall be 600 feet. The minimum
spacing of local streets along a local street shall be 125 feet.
ENGINEERING COMMENTS Metzger Ball Fields CUP2004-00006 PAGE 1
There are no proposed streets or driveways, therefore this criterion is met.
Street And Utility Improvements Standards (Section 18.8101:
Chapter 18.810 provides construction standards for the implementation of
public and private facilities and utilities such as streets, sewers, and
drainage. The applicable standards are addressed below:
Streets:
Improvements:
Section 18.810.030.A.1 states that streets within a development and streets
adjacent shall be improved in accordance with the TDC standards.
Section 18.810.030.A.2 states that any new street or additional street width
planned as a portion of an existing street shall be dedicated and improved
in accordance with the TDC.
Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a
Major Collector street to have a 87 right-of-way width and 59-foot paved
section. Other improvements required may include on-street parking,
sidewalks and bikeways, underground utilities, street lighting, storm
drainage, and street trees.
This site lies adjacent to SW Locust Street, which is classified as a Major
Collector on the City of Tigard Transportation Plan Map. At present, there is
approximately 30 feet of ROW from centerline, according to the most recent tax
assessor's map. The applicant should dedicate the additional ROW to provide
for 43.5 feet from centerline. The applicant shall also dedicate additional ROW to
provide for the radius at the intersections of Locust with Lincoln Avenue and gpcn
Avenue.
SW Locust is currently partially improved. In order to mitigate the impact from
this development, the applicant should construct an 8 foot sidewalk and a 5 foot
planter strip. The applicant shall also enter into a restrictive covenant for future
half-street improvements.
Grades and Curves: Section 18.810.030.N states that grades shall not exceed
ten percent on arterials, 12% on collector streets, or 12% on any other street
(except that local or residential access streets may have segments with
grades up to 15% for distances of no greater than 250 feet). Centerline radii
of curves shall be as determined by the City Engineer.
No change to the street grades is proposed.
ENGINEERING COMMENTS Metzger Ball Fields CUP2004-00006 PAGE 2
Block Designs - Section 18.810.040.A states that the length, width and shape
of blocks shall be designed with due regard to providing adequate building
sites for the use contemplated, consideration of needs for convenient
access, circulation, control and safety of street traffic and recognition of
limitations and opportunities of topography.
Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks
formed by streets shall not exceed 1,800 feet measured along the right-of-
way line except:
• Where street location is precluded by natural topography, wetlands or
other bodies of water or, pre-existing development or;
• For blocks adjacent to arterial streets, limited access highways, major
collectors or railroads.
• For non-residential blocks in which internal public circulation provides
equivalent access.
PLANNING
Section 18.810.040.B.2 also states that bicycle and pedestrian connections
on public easements or right-of-ways shall be provided when full street
connection is not possible. Spacing between connections shall be no
more than 330 feet, except where precluded by environmental or
topographical constraints, existing development patterns, or strict
adherence to other standards in the code.
PLANNING
Lots -Size and Shape: Section 18.810.060(A) prohibits lot depth from being
more than 2.5 times the average lot width, unless the parcel is less than 1.5
times the minimum lot size of the applicable zoning district.
PLANNING
Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of
frontage on public or private streets, other than an alley. In the case of a land
partition, 18.420.050.A.4.c applies, which requires a parcel to either have a
minimum 15-foot frontage or a minimum 15-foot wide recorded access
easement. In cases where the lot is for an attached single-family dwelling
unit, the frontage shall be at least 15 feet.
PLANNING
Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to
meet City design standards and be located on both sides of arterial,
collector and local residential streets. Private streets and industrial streets
shal! have sidewalks on at least one side.
ENGINEERING COMMENTS Metzger Ball Fields CUP2004-00006 PAGE 3
The applicant's narrative indicates that they will construct 8 foot wide sidewalks
with a 5 foot planter strip, thereby meeting this criterion.
Sanitary Sewers:
Sewers Required: Section 18.810.090.A requires that sanitary sewer be
installed to serve each new development and to connect developments to
existing mains in accordance with the provisions set forth in Design and
Construction Standards for Sanitary and Surface Water Management (as
adopted by Clean Water Services in 1996 and including any future
revisions or amendments) and the adopted policies of the comprehensive
plan.
Over-sizing: Section 18.810.090.0 states that proposed sewer systems
shall include consideration of additional development within the area as
projected by the Comprehensive Plan.
No sewer improvements are proposed.
Storm Drainage:
General Provisions: Section 18.810.100.A requires developers to make
adequate provisions for storm water and flood water runoff.
Accommodation of Upstream Drainage: Section 18.810.100.0 states that a
culvert or other drainage facility shall be large enough to accommodate
potential runoff from its entire upstream drainage area, whether inside or
outside the development. The City Engineer shall approve the necessary
size of the facility, based on the provisions of Design and Construction
Standards for Sanitary and Surface Water Management (as adopted by
Clean Water Services in 2000 and including any future revisions or
amendments).
There are no upstream drainage ways that impact this site.
ENGINEERING COMMENTS Metzger Ball Fields CUP2004-00006 PAGE 4
Effect on Downstream Drainage: Section 18.810.100.D states that where it
is anticipated by the City Engineer that the additional runoff resulting from
the development will overload an existing drainage facility, the Director and
Engineer shall withhold approval of the development until provisions have
been made for improvement of the potential condition or until provisions
have been made for storage of additional runoff caused by the
development in accordance with the Design and Construction Standards
for Sanitary and Surface Water Management (as adopted by Clean Water
Services in 2000 and including any future revisions or amendments).
In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek
and adopted the Fanno Creek Watershed Management Plan. Section V of that
plan includes a recommendation that local governments institute a stormwater
detention/effective impervious area reduction program resulting in no net
increase in storm peak flows up to the 25-year event. The City will require that
all new developments resulting in an increase of impervious surfaces provide
onsite detention facilities, unless the development is located adjacent to Fanno
Creek. For those developments adjacent to Fanno Creek, the storm water runoff
will be permitted to discharge without detention.
The site slopes downward from the north to the south. The applicant's plans
indicate that runoff will be collected in a swale and directed to the storm sewer
system in 90th Avenue.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND
UTILITY IMPROVEMENT STANDARDS:
Public Water System:
The proposed improvements do not include any water line work.
Storm Water Qualitv:
The City has agreed to enforce Surface Water Management (SWM)
regulations established by Clean Water Services (CWS) Design and
Construction Standards (adopted by Resolution and Order No. 00-7) which
require the construction of on-site water quality facilities. The facilities
shall be designed to remove 65 percent of the phosphorus contained in 100
percent of the storm water runoff generated from newly created impervious
surfaces. In addition, a maintenance plan shall be submitted indicating the
frequency and method to be used in keeping the facility maintained
through the year.
ENGINEERING COMMENTS Metzger Ball Fields CUP2004-00006 PAGE 5
Since no net, new impervious area is being created a water quality facility is not
required.
Gradinq and Erosion Control:
CWS Design and Construction Standards also regulate erosion control to
reduce the amount of sediment and other pollutants reaching the public
storm and surFace water system resulting from development, construction,
grading, excavating, clearing, and any other activity which accelerates
erosion. Per CWS regulations, the applicant is required to submit an
erosion control plan for City review and approval prior to issuance of City
permits.
The Federal Clean Water Act requires that a National Pollutant Discharge
Elimination System (NPDES) erosion control permit be issued for any
development that will disturb one or more acre of land. Since this site is
over five acres, the developer will be required to obtain an NPDES permit
from the City prior to construction. This permit will be issued along with
the site and/or building permit.
A final grading plan shall be submitted showing the existing and proposed contours.
The plan shall detail the provisions for surface drainage of all lots, and show that
they will be graded to insure that surface drainage is directed to the street or a
public storm drainage system approved by the Engineering Department. For
situations where the back portions of lots drain away from a street and toward
adjacent lots, appropriate private storm drainage lines shall be provided to
sufficiently contain and convey runoff from each lot.
Site Permit Required:
The applicant is required to obtain a Site Permit from the Building Division to
cover all on-site private utility installations (water, sewer, storm, etc.) and
driveway construction. This permit shall be obtained prior to approval of the final
plat.
Recommendations:
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO
ISSUANCE OF THE SITE PERMIT:
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642)
for review and approval:
. Prior to issuance of a site permit, a Public Facility Improvement (PFI) permit
is required for this project to cover planter strip, street trees, 8 foot sidewalk
and any other work in the public right-of-way. Three (3) sets of detailed
ENGINEERING COMMENTS Metzger Ball Fields CUP2004-00006 PAGE 6
public improvement plans shall be submitted for review to the Engineering
Department. NOTE: these plans are in addition to any drawings required by
the Building Division and should only include sheets relevant to public
improvements. Public Facility Improvement (PFI) permit plans shall conform
to City of Tigard Public Improvement Design Standards, which are available
at City Hall and the City's web page (www.ci.tiqard.or.us).
. The PFI permit plan submittal shall include the exact legal name, address
and telephone number of the individual or corporate entity who will be
designated as the "Permittee", and who will provide the financial assurance
for the public improvements. For example, specify if the entity is a
corporation, limited partnership, LLC, etc. Also specify the state within which
the entity is incorporated and provide the name of the corporate contact
person. Failure to provide accurate information to the Engineering
Department will delay processing of project documents.
Additional right-of-way shall be dedicated to the Public along the frontage of
Locust Street to increase the right-of-way to 43.5 feet from the centerline.
The applicant shall also dedicate ROW at the radius of the Locust Street
intersections at Lincoln Avenue and 90th Avenue. The description shall be
tied to the existing right-of-way centerline. The dedication document shall be
on City forms. Instructions are available from the Engineering Department.
. The applicant shall submit construction plans to the Engineering Department
as a part of the Public Facility Improvement permit, indicating that they will
construct the following frontage improvements along SW Locust Street as a
part of this project:
A. 8-foot concrete sidewalk with 5-foot planter strip;
B. street trees in the planter strip spaced per TDC requirements;
C. streetlight layout by applicanYs engineer, to be approved by City
Engineer; and
D. driveway apron (if applicable).
. The applicant shall execute a Restrictive Covenant whereby they agree to
complete or participate in the future improvements of SW Locust Street
adjacent to the subject property, when any of the following events occur:
A. when the improvements are part of a larger project to be financed or
paid for by the formation of a Local Improvement District,
B. when the improvements are part of a larger project to be financed or
paid for in whole or in part by the City or other public agency,
C. when the improvements are part of a larger project to be constructed
by a third party and involves the sharing of design and/or construction
expenses by the third party owner(s) of property in addition to the
subject property, or
ENGINEERING COMMENTS Metzger Ball Fields CUP2004-00006 PAGE 7
D. when construction of the improvements is deemed to be appropriate
by the City Engineer in conjunction with construction of improvements
by others adjacent to the subject site.
. An erosion control plan shall be provided as part of the Public Facility
Improvement (PFI) permit drawings. The plan shall conform to the "Erosion
Prevention and Sediment Control Design and Planning Manual, February
2003 edition."
. A final grading plan shall be submitted showing the existing and proposed
contours. The plan shall detail the provisions for surFace drainage of all lots,
and show that they will be graded to insure that surface drainage is directed
to the street or a public storm drainage system approved by the Engineering
Department. For situations where the back portions of lots drain away from
a street and toward adjacent lots, appropriate private storm drainage lines
shall be provided to sufficiently contain and convey runoff from each lot.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO A FINAL
BUILDING INSPECTION:
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642)
for review and approval:
. Prior to a final building inspection, the applicant shall complete the required
public improvements, obtain conditional acceptance from the City, and
provide a one-year maintenance assurance for said improvements.
. Prior to final building inspection, the applicant shall provide the City with as-
built drawings of the public improvements as follows: 1) 3 mil mylar, 2) a
diskette of the as-builts in "DWG" format, if available; otherwise "DXF" will be
acceptable, and 3) the as-built drawings shall be tied to the City's GPS
network. The applicant's engineer shall provide the City with an electronic
file with points for each structure (manholes, catch basins, water valves,
hydrants and other water system features) in the development, and their
respective X and Y State Plane Coordinates, referenced to NAD 83 (91).
ENGINEERING COMMENTS Metzger Ball Fields CUP2004-00006 PAGE 8
MAILING /
NOTIFICATION
RECORDS
AFFIDAVIT OF MAILING CRYOFTIGARD
Community�DeueCopmerit
S(rapingA BetterCommunity
I, �Patricia L. Lu d being first duly sworn/affirm, on oath depose and say that I am a ScniorAdminicn'ative Specia!`rst for
the City of 7'sgar�ashingto,c County, Oregon and that I served the following:
{Check Appropnate Box(s)Below}
� NOTICE OF PUBLIC NEARING FOR: � CUP2004-00006/METZGER ELEMENTARY SCHOOL BAII FIELDS
(File No./Name Reference)
HEARING BODY: HEARING DATE:
City of Tigard Planning Director
Tigard Hearings Officer (11/8/2004)
Tigard Planning Commission
Tigard City Council
A copy of the said notice being hereto attached, marked Elchlbl["A",and by reference made a part hereof, was mailed to
each named person(s) at the address(s) shown on the attached list(s), marked E1lhlblt'B",and by reference made a part
hereof, on October 18,2004, and deposited in the United States Mail on OC[ObCI'18,2004, postage prepaid.
� ' ' ' �
(Person th r otice)
57,,�2�E O�F 04��ON'
C� tY'1�9�lrngton ss
o.� �,,
Subscribed and sworn/affirmed before me on the�_ day of � , 2004.
.....__ __-- .-----------_..__�
�r GFFICIAL SEAL
SUE ROSS
NOTF�P.� PUBLIC-OREGON
COh1M!SSION N0.375152
MY CONMISS!C'�EXPIRES DEC.1,2007
��—�-_� .��ry Com ission E�ires: �a `d�°�0�7
s e
� EXHIBIT�
NOTICE TO MORTGAGEE, LIENHOLDER,VENDOR OR SELLER: ; �
THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, "
IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER.
CITY OF TIGARD
Community�DeveCopment
CITY OF TIGARD 5���'`1�QtterCommunity
PUBLIC HEARING NOTICE
NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY
NOVEMBER 8, 2004 AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER AT 13125 SW
HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION:
FILE NO.: CONDITIONAL USE PERMIT (CUP) 2004-00006
FILE TITLE: METZGER ELEMENTARY SCHOOL BALL FIELDS
APPLICANT/ Tigard-Tualatin School District 23J APPLICANT'S Ed Murphy& Associates
OWNER: Attn: Stephen Poage REP.: Attn: Ed Murphy
6960 SW Sandburg Street 9875 SW Murdock Street
Tigard, OR 97223 Tigard, OR 97224
PROJECT Cornerstone Management Group, Inc.
MANAGER: Attn: Greg Philo
5331 SW Macadam Avenue, Suite 377
Portland, OR 97239
REQUEST: The applicant is requesting Conditional Use approval for a major modification to
the newly constructed Metzger Elementary School site to expand the school site
and include three (3) additional properties to construct ball fields just north of the
school. The new play area will be approximately 35,284 square feet.
Improvements to the site and surrounding area include street trees and sidewalks
along SW Locust Street, and removal of the three existing driveways.
LOCATION: 10350 SW Lincoln Street and 9080, 9120 and 9140 SW Locust Street; WCTM
1S135AB, Tax Lots 100, 202, 203 and 204.
ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to
accommodate detached single-family homes with or without accessory
residential units at a minimum lot size of 7,500 square feet. Duplexes and
attached single-family units are permitted conditionally. Some civic and
institutional uses are also permitted conditionally.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.330, 18.390, 18.510, 18.630, 18.705,
18.725, 18.745, 18.755, 18,765, 18.780, 18.790, 18.795 and 18.810.
THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF
CHAPTER 18.390 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURES ADOPTED BY
THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL.
ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL
ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED
BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 2438 (VOICE) OR (503)
684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO
THE HEARING TO MAKE ARRANGEMENTS.
ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN
WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC
HEARING. AT THE PUBLIC HEARING, THE HEARINGS OFFICER WILL RECEIVE A STAFF REPORT
PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND
WRITTEN TESTIMONY. THE HEARINGS OFFICER MAY CONTINUE THE PUBLIC HEARING TO ANOTHER
MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON
THE APPLICATION.
IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION LESS THAN SEVEN (7) DAYS PRIOR
TO THE PUBLIC HEARING, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF
THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY
REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. A
REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY HEARING
(ORS 197.763(6).
INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE
TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR
DISAPPROVAL OF THE REQUEST BY THE HEARINGS OFFICER WILL BE BASED UPON THESE CRITERIA AND
THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE
REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED.
FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE
HEARING ON THE REQUEST ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE
HEARINGS AUTHORITY AN OPORTUNITY TO RESPOND TO THE ISSUE PRECLUDES AN APPEAL TO THE
LAND USE BOARD OF APPEALS BASED ON THAT ISSUE.
ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR
INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25G) PER PAGE, OR
THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS
PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO
COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25G) PER PAGE, OR THE CURRENT RATE
CHARGED FOR COPIES AT THE TIME OF THE REQUEST.
FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER MORGAN TRACY AT (503)
639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223, OR BY E-MAIL TO
morgan�ci.tigard.or.us.
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pW F LOTS 1-3 9180 SW CORAL ST
TIGARD,OR 97223
1 S126DC-029D3 1 S126DC-04100
AARON TED R&IDA JANE CORYELL JACK M&ALICE 0
369 NW BLAIR ST REVOCABLE LIVING TRUST
SHERIDAN, OR 97378 9900 SW 92ND
TIGARD,OR 97223
1 S 135AB-00203 1 S 126 DC-05505
ADDERLY DAVID L&SHARON A COUNSIL ARLEIGH B JR
9120 SW LOCUST ST 9110 SW CORAL ST
TIGARD,OR 97223 TIGARD,OR 97223
1 S135AA-01200 1 S126DD-03002
ALLISON ANNETTE C 8� CRABTREE DENNIS J AND
DUNCAN THOMAS S BEVERLY J
8870 SW MAPLELEAF ST 10020 SW 90TH AVE
TIGARD, OR 97223 TIGARD,OR 97223
1 S126DC-05502 1 S135A6-D3303
BOTORF VERNON D 5T DALTON MICHAEL L
9160 SW CORAL 812 NW SUNDANCE CIR
TIGARD, OR 97223 CORVALLIS,OR 97330
1S135AA-00905 15135AC-03800
BROWN JAMES F& DAVIS EUGENE
HENDERSON-BROWN CHERYL L 10875 SW 89TH
1D200 SW 90TH AVE TIGARD,OR 97223
TIGARD,OR 97223
135AA-00902 1 S135AC-03500
BR N JA F 8� DAVIS EUGENE L
HEND N-BROWN CHERYL L 10875 SW 89TH AVE
102 OTH AVE TIGARD,OR 97223
ARD,OR 7223
1S135AA-03901 1S135A8-0320D
CHEPIN JOHN DAVIS EUGENE L&VIVIAN
926 DELAWARE ST APT 302 10875 SW 89TH ST
LONGVIEW,WA 98632 TIGARD,OR 97223
1 S126DC-05201 1 S135AC-D3900
COBB GREGORY J&MICHELLE M DAVIS GENE&VIVIAN
9245 SW LOCUST ST 10875 SW 89TH AVE
PORTLAND,OR 97223 TIGARD,OR 97223
1S135A6-03403 1S135AA-03900
COLE WILEY F JR DAVIS SHAUNDA M
9055 SW OAK ST 8910 SW OAK WAY
TIGARD,OR 97223 TIGARD,OR 97223
1 135AA-9000 1S135AA-90010
DE A ONDOMINIUMS FLETCHER MARY K
OW OF UNITS 10319 SW 87TH AVE
TIGARD,OR 97223
1S135AB-00204 1S135AC-03801
DICKSON DONALD KEITH FOREIGN MISSION FOUNDATION
PO BOX 219028 10875 SW 89TH AVE
PORTLAND,OR 97225 TIGARD,OR 97223
7S135AB-01004 1S135AC-03700
EOP-LINCOLN LLC FOREIGN MISSION FOUNDATION INC
LINCOLN CENTER COMPLEX 10875 SW 89TH AVE
[16231-16237] TIGARD,OR 97223
PO BOX#A-3879
CHICAGO, IL 60690
135AB-01003 1 S126DC-039D0
E -LINCOLN L GAMMON LYNNE M&JERRY W
LINC LN CE ER COMPLEX 9225 SW CORAL ST
[16231- 7] PORTLAND,OR 97223
PO # 879
CAGO, IL 0690
135AB-Q0700 1S126DD-03000
E -LINCOLN L GILE EDWARD S
LIN LN C ER COMPLEX 10040 SW 90TH
[16231- 7] TIGARD,OR 97223
PO -3879
CAGO, 60690
1 135AB-01002 1S735AA-06900
EO - NCOL LC GILHAM ANGELA
LINCOL TER COMPLEX 8840 SW MAPLE CT
[16231- TIGARD,OR 97223
PO X#A-3
ICAGO, IL 60 0
135AB-0090D. 1 S126DD-D3300
EO -LINCO LLC GOODWIN FRANK O 8 CHARLENE
LINC N ENTER COMPLEX BY SHELTER MORTGAGE CO
[16231 237j 9900 SW GREENBURG RD
PO X# -3879 PORTLAND,OR 97223
ICAGO, IL 60690
135AB-03400 1S126DC-05303
E -LINCO LLC HALAMA PAUL
LINC N ENTER COMPLEX 9070 SW CORAL ST
[16231 237] PORTLAND,OR 97223
PO X 3879
ICAGO, IL 60690
1 S126DC-06500 1 S126DD-03001
EVANS RICHARD&TRANSITO HALL GLADYS
9275 SW LOCUST ST Go HEINTZ SUSAN I
TIGARD,OR 97223 10415 SW 72ND
TIGARD,OR 97223
1S135AA-01000 iS135AA-00906
FINEVIEW FARM LLC HARRIS BRYAN J&GENNIE S
1430 EAST5IDE RD 10230 SW 90TH AVE
HOOD RIVER,OR 97031 TIGARD,OR 97223
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1 S126DC-051 D 1 1 S126DC-02701
HARRIS GREGORY E HUNT WILLIAM TRUSTEE
9036 NW BENSON ST 8038 NW HAZELTINE ST
PORTLAND,OR 97229 PORTLAND,OR 97229
1S135AA-90009 1S135A8-03304
HAWLEY HAZEL M KEEGAN THOMAS E&JEAN D&
9055 SW 91ST AVE#7 KEEGAN JAMES C
PORTLAND,OR 97223 27987 HWY 213
MULINO,OR 97042
1S135AA-03902 1S135AB-03201
HAZARD SANDRA KILGORE KIM&PAULA
8914 SW OAKWAY 10445 SW 90TH AVE
TIGARD,OR 97223 TIGARD,OR 97223
1S126DC-04000 1S135AA-D1002
HEFFLER ROBERT ARNOLD KINDRICK CHARLES C ANO
9260 SW CORAL DEBRA A .
PORTLAND,OR 97223 10320 5W 90TH
TIGARD,OR 97223
1S126DC-02902 1S735AA-01101
HENSEL KRISTOPHER J& KUHN EUGENE P PAMELA L
MAGERS JULIE E 10340 SW 90TH
9135 SW CORAL ST TIGARD,OR 97223
TIGARD,OR 97223
1S135AA-00802 15135AA-00804
HERBERHOLZ LARRY S LAI KHOAN VAN&
8870 SW LOCUST LE THU THI
TIGARD, OR 97223 10161 SW JEFFERSON AVE
TIGARD,OR 97223
15135AA-00803 1S135AA-03800
HERBERHOLZ LARRY S&CATHY D LASHAWAY JULIE A
8870 SW LOCUST c/o FINCK DALE M&IDA LIFE ESTATE
TIGARD,OR 97223 4141 CHILDS RD
LAKE OSWEGO,OR 97034
1S135AA-03707 1S128DC-05100
HITCH DORIS A 8 LOOS BEVERLY A
OLMOS DAWNEENA 9365 SW LOCUST ST
10387 SW 87TH AVE TIGARD,OR 97223
TIGARD,OR 97223
1 S126DC-04001 1 S126DC-06700
HORNE ELMORE JR&FLORA M LUNDMARK ALBERT C
8775 SW LOCUST ST#9 3381 COEUR D'ALENE DR
TIGARD,OR 97223 WEST LINN,OR 97068
1S126DC-02702 1S126DC-OB500
HUNT BETTY JANE TRUST LUNDMARK ALBERT C&ELIZABETH A
BY WILLIAM HUNT TRUSTEE 3381 COEUR D'ALENE DR
8038 NW HAZELTINE ST WEST LINN,OR 97068
PORTLAND,OR 97229
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LU M K ALBERT C&ELIZABETH A OREGON STATE OF DEPT OF VETS AF
338 EUR D'ALENE DR c/o WALLOCH R B&JEANETTE C-03249
ST L ,OR 97068 8890 SW CORAL
PORTLAND,OR 97223
1S135AA-01102 1S135AC-03400
MACLAREN ROBERT P& ORLAND LTD
JABLONSKI MILLIE BY KENTON R BARNES
10360 SW 90TH AVE 222 SW COLUMBIA ST#1625
TIGARD,OR 97223 PORTLAND,OR 97201
1 S135AA-04100 135AC-0440
MACLENNAN LOIS O ND
8955 SW OAK ST BY K ON R BARNES
TIGARD, OR 97223 222 OLUMBIA ST#1625
RTLAN OR 97201
1S135AA-04200 135AB-0330
MATRIX DEVELOPMENT CORP O ND D
12755 SW 69TH AVE STE#100 BY K ON R BARNES
TIGARD,OR 97223 22 LUMBIA ST#1625
RTLAND, R 97201
1S126DD-02903 135AC-04300
MAZZUCA LOUISE C OR D LT
10000 SW 90TH AVE BY KE R BARNES
PORTLAND,OR 97223 222 C MBIA ST#1625
P RTLAND,0 97201
26DD-0290 'I 35AC-04200
MA OUISE C OR ND L
100 90TH AVE BY KE N R BARNES
RTLAN , R 97223 22 UMBIA ST#1625
ORTLAND, R 97201
1 S126DC-05400 135AD-013D
METZGER UNITED METHODIST CHURCH OR D D
9055 SW LOCUST BY KE N R BARNES
PORTLAND,OR 97223 22 C MBIA ST#1625
RTLAND,0 97201
1S135AA-00806 135AB-0330
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BEVERLY A BY K ON R BARNES
10211 SW JEFFERSON 22 LUMBIA ST#1625
TIGARD,OR 97223 RTLAND, 97201
1S135AA-00800 35AC-041
NASH GORDON O AND PENNY J OR D D
10231 SW JEFFERSON BY KE N R BARNES
TIGARD,OR 97224 222 C MBIA ST#1625
RTLAND,O 97201
1 S135AA-04101 135AC-040
NGUYEN THAI V&CHAVELA OR N TD
8945 SW OAK ST BY K ON R BARNES
TIGARD,OR 97223 22 W LUMBIA ST#1625
RTLAND, R 97201
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OR ND L REMILLARD THEODORE W
BY K N R BARNES 9050 SW CORAL ST
22 LUMBIA ST#1625 TIGARD,OR 97223
RTLAND,OR 97201
135AC-0320 1 S135AA-00401
OR D ROWE SHIRLEY I
BY KE N R BARNES WOOD JUDY
22 C MBIA ST#1625 1027 SW GROVER
RTLAND, 97201 PORTLAND,OR 97201
1S135AA-00901 1S1260C-05202
PACIFIC CREST PARTNERS INC RUFF MICHAEL L JOYCE E
1430 EASTSIDE RD 12150 SW 124TH AVE
HOOD RIVER,OR 97031 TIGARD,OR 97223
1 S 135AA-01100 1 S 126DC-05600
PATERSON BRIAN 5&SAMI B SCHARBROUGH DONALD
10370 SW 90TH AVE JOYCE I
TIGARD, OR 97223 10050 SW 92ND
PORTLAND,OR 97223
1S126DC-02901 ? 126DC-05603
PATRICK JEREMY 8 SC BR GH DONALD
BISSETT BIANCA JOYCE
9085 SW CORAL ST 100 SW ND
TIGARD,OR 97223 RTLAND,O 97223
1S126DC-05302 f 126DC-055
PEDERSON WM T PAMELA D SC RB UGH DONALD AND
9090 5W CORAL JOYC
PORTLAND,OR 97223 10 S 2ND
RTLAND, 97223
t S135AB-00202 1 S126DC-05500
PENSE JAMES M AND ROXANNE M SCHULTZ ERIC D&JULIE A
9140 SW LOCUST 9130 SW CORAL
TIGARD,OR 97223 TIGARD,OR 97223
1S126DD-03800 1S126DC-05301
PILGER DENNIS F 8 ZOE A SCHULTZ RICHARD J AND
17703 SW TREETOP WAY BARBARA I
LAKE OSWEGO,OR 97034 9030 SW CORAL
TIGARD,OR 97223
1S726DC-02800 1S135A8-03203
PRENEVOST DONALD P&KATHRYN N SHELDON MELINDA L&
9935 SW 90TH AVE DUANE C
TIGARD,OR 97223 10425 SW 90TH AVE
TIGARD,OR 97223
1S135A8-03202 1S735AA-009D3
PRINCE KEITH D&KRISTIN L SICKLER LEE J
10455 SW 90TH AVE 10024 SW 55TH AVE
TIGARD,OR 97223 PORTLAND,OR 97219
, : . �
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SMITH ROGER W WA IN ON COUNTY SCHOOL
JACQUELYN M DIS T NO. 106
8935 SW OAK ST �
TIGARD,OR 97223
1S135AB-03205 1S135AA-00900
STANTON KAREN WEINEL BRETT M
10435 SW 90TH AVE 8950 SW LOCUST ST
TIGARD,OR 97223 TIGARD,OR 97223
t S126DD-02902 1 S126DC-05602
STEFFEY JOANNE WESTERN CREDIT SERVICES
8940 SW CORAL ST c/o BUOY TAMYRA
PORTLAND,OR 97223 6273 SW 202ND PL
BEAVERTON,OR 97007
1 S126DC-05200 1 S126DD-03100
STITT DEANE A&CAROLYN M WESTON INVESTMENT CO
10025 SW 92ND AVE 2154 NE BROADWAY
TIGARD,OR 97223 PORTLAND,OR 97232
1S135AB-00100 iS135AA-009D4
TIGARD-TUALATIN SCHOOL DIST 23J WILLIAMS LIVING TRUST
6960 SW SANDBURG ST BY DONNEL N WILLIAMS 8
TIGARD,OR 97223 STEPHANIE S WILLIAMS TRS
13865 SW FERN
TIGARD,OR 97223
1S126DC-05601 1S135AA-07100
TROUTT JOYCE I WINDWOOD CONSTRUCTION INC
NOW SCHARBROUGH 12655 SW NORTH DAKOTA ST
10050 5W 92ND TIGARD,OR 97223
PORTLAND,OR 97223
1S126DD-02901 35AA-0720
TRUJILLO ROQUE& WIN CONSTRUCTION INC
QUEZADA JESUS 126 ORTH DAKOTA ST
9990 SW 90TH AVE 7 ARD,OR 23
PORTLAND,OR 97223
1 S126DC-05503 1 S135AA-01001
VANDERYACHT MARK S 8 WOLF MARTIN J&GINA K
MARY E 2550 SW OAKWOOD CT
9125 SW LOCUST ST ALOHA,OR 97006
TIGARD,OR 97223
1S126DC-02601
VAUGHAN GREG
9055 SW CORAL ST
TIGARD,OR 97223
1 S135AA-00805 .
VO VIEN T 8
NGUYEN CAM VAN
10181 SW JEFFERSON ST
TIGARD,OR 97223
; �
Tigard-Tualatin School District 23J CUP2004-00006
Attn: Stephen Poage METZGER ELEMENTARY SCHOOL BALL
6960 SW Sandburg Street FIELDS
Tigard, OR 97223
Cornerstone Management Group, Inc.
Attn: Greg Philo
5331 SW Macadam Avenue, Suite 377
Portland, OR 97239
Ed Murphy & Associates
Attn: Ed Murphy
9875 SW Murdock Street
Tigard, OR 97224
, � .`
Nathan and Ann Murdock
PO Box 231265
Tigard, OR 97281
Sue Rorman
11250 SW 82�d Avenue
Tigard, OR 97223
Naomi Gallucci
11285 SW 78�Avenue
Tigard, OR 97223
Michael Trigoboff
7072 SW Barbara Lane
Tigard, OR 97223
Brad Spring
7555 SW Spruce Street
Tigard, OR 97223
Alexander Craghead
12205 SW Hall Boulevard
Tigard, OR 97223-6210
David Chapman
9840 SW Landau Place
Tigard, OR 97223
John Frewing
7110 SW Lola Lane �
Tigard, OR 97223
CPO 4B
16200 SW Pacific Highway, Suite H242
Tigard, OR 97224
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�. - ------- __� 13125 SW Hall Blvd
�I,_I.. . . .- � � _ - � T ., Tigard,OR 97223
(503)639-4171
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Community Development Plot date:Aug 2,2004;C:\magic\MAGIC03.APR
126DC-O6 0 1 S126DC•05501
19 2 ARTITION PLAT COOLEY ERIC 8 RUTH
OW F LOTS 1-3 9180 SW CORAL ST
, TIGARD,OR 97223
1 S 126 DC-02903 1 S126DC-04100
AARON TED R 8 IDA JANE CORYELL JACK M&ALICE 0
369 NW BLAIR ST REVOCABLE LIVING TRUST
SHERIDAN, OR 97378 9900 SW 92ND
TIGARD,OR 97223
1 S 135AB-00203 1 S126DC-05505
ADDERLY DAVID L 8 SHARON A COUNSIL ARLEIGH B JR
9120 SW LOCUST ST 9110 5W CORAL ST
TIGARD,OR 97223 TIGARD,OR 97223
1 S135AA-01200 1 S126DD-03002
ALLISON ANNETTE C& CRABTREE DENNIS J AND
DUNCAN THOMAS S BEVERLY J
8870 SW MAPLELEAF ST 10020 SW 90TH AVE
TIGARD,OR 97223 TIGARD,OR 97223
15126DC-05502 1 S135AB-03303
BOTORF VERNON D ST DALTON MICHAEL L
9160 SW CORAL 812 NW SUNDANCE CIR
TIGARD,OR 97223 CORVALLIS,OR 97330
1 S135AA-00905 1 S135AC-03800
BROWN JAMES F& DAVIS EUGENE
HENDERSON-BROWN CHERYL L 10875 SW 89TH
10200 SW 90TH AVE TIGARD,OR 97223
TIGARD,OR 97223
135AA-0�902 1 S135AC-03500
BR N JA F 8 DAVIS EUGENE L
HEND N-BROWN CHERYL L 10875 SW 89TH AVE
102 OTH AVE TIGARD,OR 97223
T ARD,OR 7223
1S135AA-03901 �S135A8-03200
CHEPIN JOHN DAVIS EUGENE L&VIVIAN
926 DELAWARE ST APT 302 10875 SW 89TH ST
LONGVIEW,WA 98632 TIGARD,OR 97223
1 S 126 DC-05201 1 S 135AC-03900
COBB GREGORY J 8 MICHELLE M DAVIS GENE&VIVIAN
9245 SW LOCUST ST 10875 SW 89TH AVE
PORTLAND,OR 97223 TIGARD,OR 97223
1 S 135AB-03403 1 S135AA-03900
COLE WILEY F JR DAVIS SHAUNDA M
9055 SW OAK ST 8910 SW OAK WAY
TIGARD,OR 97223 TIGARD,OR 97223
7 135AA-9000 1S135AA-90010
DE A ONDOMINIUMS FLETCHER MARY K
OW OF UNITS 10319 SW 87TH AVE
TIGARD,OR 97223
1S135A6-00204 1S135AC-03801
DICKSON DONALD KEITH FOREIGN MISSION FOUNDATION
PO BOX 219028 10875 SW 89TH AVE
PORTLAND,OR 97225 TIGARD,OR 97223
1S135AB-01004 1S135AC-03700
EOP-LINCOLN LLC FOREIGN MISSION FOUNDATION INC
LINCOLN CENTER COMPLEX 10875 SW 89TH AVE
[16231-16237] TIGARD,OR 97223
PO BOX#A-3879
CHICAGO, IL 60690
135AB-01003 1S126DC-03900
E -LINCOLN L GAMMON LYNNE M&JERRY W
LINC LN CE ER COMPLEX 9225 SW CORAL ST
[16231- PORTLAND,OR 97223
PO # 879
CAGO, IL 0690
135AB-00700 1S126DD-03000
E -LINCOLN L GILE EDWARD S
LIN LN C ER COMPLEX 10040 SW 90TH
[16231- 7] TIGARD,OR 97223
PO -3879
CAGO, 60690
1 135A8-01002 1S135AA-06900
EO - NCOL LC GILHAM ANGELA
LINCOL TER COMPLEX 8840 SW MAPLE CT
[16231- TIGARD,OR 97223
PO #A-3
ICAGO, IL 60 0
135A8-00900 7S126DD-03300
EO -LINCO LLC GOODWIN FRANK O&CHARLENE
LINC N ENTER COMPLEX BY SHELTER MORTGAGE CO
[16231 237] 9900 SW GREENBURG RD
PO X# -3879 PORTLAND,OR 97223
ICAGO, IL 60690
135A6-03400 1S1260C-05303
E -LINCO LLC HALAMA PAUL
LINC N NTER COMPLEX 9070 SW CORAL ST
[16231 237] PORTLAND,OR 97223
PO X 3879
ICAGO, IL 60690
1 S126DC-06500 1 S126DD-03001
EVANS RICHARD&TRANSITO HALL GLADYS
9275 SW LOCUST ST c/o HEINTZ SUSAN I
TIGARD,OR 97223 10415 SW 72ND
TIGARD,OR 97223
iS135AA-01000 1S135AA-00906
FINEVIEW FARM LLC HARRIS BRYAN J 8 GENNIE S
1430 EASTSIDE RD 10230 SW 90TH AVE
HOOD RIVER,OR 97031 TIGARD,OR 97223
15126DC-05101 1 S126DC-02701
HARRIS GREGORY E HUNT WILLIAM TRUSTEE
9036 NW BENSON ST 8038 NW HAZELTINE ST
PORTLAND,OR 97229 PORTLAND,OR 97229
1S135AA-90009 1S135AB-03304
HAWLEY HAZEL M KEEGAN THOMAS E&JEAN D&
9055 SW 91ST AVE#7 KEEGAN JAMES C
PORTLAND,OR 97223 27987 HWY 213
MULINO,OR 97042
1 S 135AA-03902 15135AB-03201
HAZARD SANDRA KILGORE KIM&PAULA
8914 SW OAKWAY 10445 SW 90TH AVE
TIGARD,OR 97223 TIGARD,OR 97223
1S126DC-04000 1S135AA-01002
HEFFLER ROBERT ARNOLD KINDRICK CHARLES C AND
9260 SW CORAL DEBRA A
PORTLAND,OR 97223 10320 SW 9DTH
TIGARD,OR 97223
1 S126DC-02902 1 S135AA-01101
HENSEL KRISTOPHER J& KUHN EUGENE P PAMELA L
MAGERS JULIE E 10340 SW 90TH
9135 SW CORAL ST TIGARD,OR 97223
TIGARD,OR 97223
1S135AA-00802 1S135AA-00804
HERBERHOLZ LARRY S LAI KHOAN VAN 8
8870 SW LOCUST LE THU THI
TIGARD, OR 97223 10161 SW JEFFERSON AVE
TIGARD,OR 97223
t S 135AA-00803 t S135AA-03800
HERBERHOLZ LARRY S 8 CATHY D LASHAWAY JULIE A
8870 SW LOCUST c/o FINCK DALE M 8�IDA LIFE ESTATE
TIGARD,OR 97223 4141 CHILDS RD
LAKE OSWEGO,OR 97034
1 S 135AA-03707 1 S126DC-05100
HITCH DORIS A 8 LOOS BEVERLY A
OLMOS DAWNEENA 9365 SW LOCUST ST
10387 SW 87TH AVE TIGARD,OR 97223
TIGARD,OR 97223
1 S 126DC-04001 1 S 7 26 DC-06700
HORNE ELMORE JR&FLORA M LUNDMARK ALBERT C
8775 SW LOCUST ST#9 3381 COEUR D'ALENE DR
TIGARD, OR 97223 WEST LINN,OR 97068
1 S126DC-02702 1 S126DC-08500
HUNT BETTY JANE TRUST LUNDMARK ALBERT C&ELIZABETH A
BY WILLIAM HUNT TRUSTEE 3381 COEUR D'ALENE DR
8038 NW HAZELTINE ST WEST LINN,OR 97068
PORTLAND,OR 97229
126DC-084 15126DD-03400
LU M K ALBERT C&ELIZABETH A OREGON STATE OF DEPT OF VETS AF
338 EUR D'ALENE DR c/o WALLOCH R B 8 JEANETTE C-03249
ST LI ,OR 97068 8890 SW CORAL
PORTLAND,OR 97223
1S135AA-01702 1S135AC-03400
MACLAREN ROBERT P& ORLAND LTD
JABLONSKI MILLIE BY KENTON R BARNES
10360 SW 90TH AVE 222 SW COLUMBIA ST#1625
TIGARD,OR 97223 PORTLAND,OR 97201
1 S135AA-04100 135AC-0440
MACLENNAN LOIS O ND
8955 SW OAK ST BY K ON R BARNES
TIGARD, OR 97223 222 OLUMBIA ST#1625
RTLAN OR 97201
1S135AA-04200 135AB-D330
MATRIX DEVELOPMENT CORP O ND D
12755 SW 69TH AVE STE#100 BY K ON R BARNES
TIGARD,OR 97223 22 LUMBIA ST#1625
RTLAND, R 97201
1S126DD-02903 135AC-04300
MAZZUCA LOUISE C OR D LT
10000 SW 90TH AVE BY KE R BARNES
PORTLAND,OR 97223 222 CO MBIA ST#1625
RT�AND,0 97201
26DD-0290 135AC-04200
MA OUISE C OR ND L
100 90TH AVE BY KE N R BARNES
RTLAN , R 97223 22 UMBIA ST#1625
ORTLAND, R 97201
1S126DC-05400 1 135AD-0130
METZGER UNITED METHODIST CHURCH OR D D
9055 SW LOCUST BY KE N R BARNES
PORTLAND,OR 97223 22 C MBIA ST#1625
RTLAND,O 97201
1S135AA-008D8 135AB-0330
MILLS MICHAEL E AND OR ND -
BEVERLY A BY KE ON R BARNES
1D211 SW JEFFERSON 22 LUMBIA ST#1625
TIGARD,OR 97223 RTLAND, 97201
15135AA-00800 35AC-041
NASH GORDON O AND PENNY J OR � D
10231 SW JEFFERSON BY KE N R BARNES
TIGARO,OR 97224 222 C MBIA ST#1625
RTLAND,O 97201
1S135AA-04101 135AC-040
NGUYEN THAI V&CHAVELA OR N TD
8945 SW OAK ST BY K ON R BARNES
TIGARD,OR 97223 22 W LUMBIA ST#1625
RTLAND, R 97201
135AC-03300 1 S126DC-05304
OR ND L REMILLARD THEODORE W
BY K N R BARNES 9050 SW CORAL ST
22 LUMBIA ST#1625 TIGARD,OR 97223
RTLAND,OR 97201
135AC-0320 1 S135AA-00401
OR D ROWE SHIRLEY I
BY KE N R BARNES WOOD JUDY
22 C MBIA ST#1625 1027 SW GROVER
RTLAND, 97201 PORTLAND,OR 97201
1 S 135AA-00901 7 S 1260C-05202
PACIFIC CREST PARTNERS INC RUFF MICHAEL L JOYCE E
1430 EASTSIDE RD 12150 SW 124TH AVE
HOOD RIVER,OR 97031 TIGARD,OR 97223
1 S135AA-01100 1 S126DC-05600
PATERSON BRIAN S 8�SAMI B SCHARBROUGH DONALD
10370 SW 90TH AVE JOYCE I
TIGARD,OR 97223 10050 SW 92ND
PORTLAND,OR 97223
1S126DC-02901 t 126DC-05603
PATRICK JEREMY& 5C BR GH DONALD
BISSETT BIANCA JOYCE
9085 SW CORAL ST 100 SW D
TIGARD,OR 97223 RTLAND,O 97223
1 S 126 DC-05302 1 126 D C-O55
PEDERSON WM T PAMELA D SC RB UGH DONALD AND
9090 SW CORAL JOYC
PORTLAND, OR 97223 10 S 2ND
RTLAND, 97223
1 S135A6-00202 1 S126DC-05500
PENSE JAMES M AND ROXANNE M SCHULTZ ERIC D 8�JULIE A
9140 SW LOCUST 9130 SW CORAL
TIGARD,OR 97223 TIGARD,OR 97223
1 S126DD-03800 1 S'126DC-05301
PILGER DENNIS F 8 ZOE A SCHULTZ RICHARD J AND
17703 SW TREETOP WAY BARBARA I
LAKE OSWEGO,OR 97034 9030 SW CORAL
TIGARD,OR 97223
1 S 126DC-02800 1 S 135AB-03203
PRENEVOST DONALD P 8 KATHRYN N SHELDON MELINDA L 8
9935 SW 9�TH AVE DUANE C
TIGARD,OR 97223 10425 SW 90TH AVE
TIGARD,OR 97223
7S135AB-03202 1S135AA-00903
PRINCE KEITH D 8 KRISTIN L SICKLER LEE J
10455 SW 90TH AVE 10024 SW 55TH AVE
TIGARD,OR 97223 PORTLAND, OR 97219
1S735AA-04000 135AB-034
SMITH ROGER W WA IN ON COUNTY SCHOOL
JACQUELYN M DIS T NO. 106
8935 SW OAK ST ,
TIGARD,OR 97223
1S135AB-03205 1S135AA-00900
STANTON KAREN WEINEL BRETT M
10435 SW 90TH AVE 8950 SW LOCUST ST
TIGARD,OR 97223 TIGARD,OR 97223
1 S126DD-02902 1 S126DC-05602
STEFFEY JOANNE WESTERN CREDIT SERVICES
8940 SW CORAL ST c/o BUOY TAMYRA
PORTLAND,OR 97223 6273 SW 202ND PL
BEAVERTON,OR 97007
1 S 126DC-05200 1 S 126D D-03100
STITT DEANE A&CAROLYN M WESTON INVESTMENT CO
10025 SW 92ND AVE 2154 NE BROADWAY
TIGARD, OR 97223 PORTLAND,OR 97232
1 S135A8-00100 1 S135AA-00904
TIGARD-TUALATIN SCHOOL DIST 23J WILLIAMS LIVING TRUST
6960 SW SANDBURG ST BY DONNEL N WILLIAMS&
TIGARD, OR 97223 STEPHANIE S WILLIAMS TRS
13865 SW FERN
TIGARD,OR 97223
1S126DC-05601 1S135AA-07100
TROUTT JOYCE I WINDWOOD CONSTRUCTION INC
NOW SCHARBROUGH 12655 SW NORTH DAKOTA ST
10050 SW 92ND TIGARD,OR 97223
PORTLAND,OR 97223
1S126DD-02901 35AA-0720
TRUJILLO ROQUE& WIN CONSTRUCTION INC
QUEZADA JESUS 126 ORTH DAKOTA ST
9990 SW 90TH AVE ARD,OR 23
PORTLAND,OR 97223
1S126DC-05503 1S135AA-01001
VANDERYACHT MARK S& WOLF MARTIN J 8�GINA K
MARY E 2550 SW OAKWOOD CT
9125 SW LOCUST ST ALOHA,OR 97006
TIGARD,OR 97223
1 S126DC-02801
VAUGHAN GREG
9055 SW CORAL ST
TIGARD, OR 97223
1S135AA-00805
VO VIEN T&
NGUYEN CAM VAN
10181 SW JEFFERSON ST
TIGARD,OR 97223
Nathan and Ann Murdock
PO Box 231265
Tigard, OR 97281
Sue Rorman
11250 SW 82�d Avenue
Tigard, OR 97223
Naomi Gallucci
11285 SW 78th Avenue
Tigard, OR 97223
Michael Trigoboff
7072 SW Barbara Lane
Tigard, OR 97223
Brad Spring
7555 SW Spruce Street
Tigard, OR 97223
Alexander Craghead
12205 SW Hall Boulevartl
Tigard, OR 97223-6210
David Chapman
9840 SW Landau Place
Tigard, OR 97223
John Frewing
7110 SW Lola Lane
Tigard, OR 97223
CPO 4B
16200 SW Pacific Highway, Suite H242
Tigard, OR 97224
CITY OF TIGARD - EAST CIT SUBCOMMITTEE �i:lcurpin\setupllabelslClT East.doc) UPDATED: 23-Feb-04
Jul 31 04 09: 42p Murohy 5��9681674 p. l
CITY Of TIGARD
COMMUN(TY DEYELOPhIENT DEPARTMENT
PLANNfNG DIYfSION
I 3 I 25 SW HALC BOULEVARD GITY OF TIOARO
TIGQRD, OREGON 97223 Comn:uriity�Devefopment
S(�api�rgA(&tterCvmmwrity
PH�NE- 503-639-4171 FAX: 503•684-7291 (Attn: Patty/Planning)
O N � O � O O �� 0 D O 0�S�u/7(lY 0 0 � �
u l.c�llllll U
Property owner information is valid for 3 months from the date of your request
INDICATE ALL PROJECT MAP & TAX LOT NUMBERS (i.e. 1S134A6, Tax�otoo�oo) OR THE
ADDRESSES FOR ALL PROJ CT PARCELS BELOW:
� o Z �' a crh d d o [.ocM �
! � �3 A�� oe r o� �t�(�tt.�Pr �'/�e�eti�arv S�o�l v�v�e�14�_l
INDICATE 1NHETHER YOU ARE REQUESTING 1, 2 OR 3 SETS OF LABELS:
(N�TE: A minimum of 2 sets of labels will be provided (unless only holding a neighborhood meeting at this time) fo place on
your 2 sets of envelopes that applicants are required to submit at the time of application submittaf. If a neighborhood
meeting is required and you have not yet held that meeting, you can request 3 sefs provided your iand use application will be
submitted and deemed complete by the Planning Division within 3 months from this request.)5..0 3. 3��„•a 677 �e II
NAME OF CONTACT PERSON: � M Hr �► PHONE: 5'�3' �v Z y"y�25
This request may be maiied, axed or and de ivered to the City of Tigard. Please allow a
2-day minimum for processing requesfs. Upon compl�etion of y,our request, the contact person will be
ca!!ed to pick up their request that v�n(l be placed in Will CaIP by their iast name, at the Community
Development Reception Desk. ,
The cost of processing your request must be paid at the time of pick up, as exact cost can not be
pre-determined.
PLEASE NOTE: FOR REASONS OF ACCURACY, ONLY ORIGINAL MAfLfNG LABELS PROVIDED
BY THE CITY VS. RE-TYPED MAfI.ING LABELS W1LL BE ACCEPTED.
Cost Descriation:
$11 to generate the mailing list, pius$2 per sheet for printing the list onto labels(20 addresses pe�sheet).
Then, multi the cost to rint one set of labels b the number of sets uested.
EXAMPLE COST FOR THIS REQUEST
4 sheets of labels x$2/sheet= 8.00 x 2 sets = $16.00 �sheet(s)of(abels x$2/sheet=�.'�x �.� sets=r ,y�.�.��5�
2 sheets of labels x$2/sheet for CIT area x 2 sets=$ 4.00 �sheet(s)of labels x$2/sheet for C1T area=�x�sets��
GENERATE LIST =$11.00 � GENERATE LIST =�
TOTAL =$31.00 ',�' � TOTAL t$��J 1
� AFFIDAVIT OF MAILING ��
CITY OF TIOARD
�'ommunity�evelopment
SFiaping�7 BetterCommunity
I, �Patricia G. Gu ord being first duly sworn/affirm, on oath depose and say that I am a SeniorAdminr'strative SpeciaCxst for
the City of?'rgar 'fNasfiington County, Oregan and that I served the following:
{Check Appropnate Box(s)Below}
0 NOTICE OF FINAL ORDER FOR:�i CUP2004-00006/METiGER ELEMENTARY SCHOOL BALL FIELDS
� AMENDED NOTICE (File No.Mame Reference)
HEARING BODY: HEARING DATE:
❑ City of Tigard Planning Director
� Tigard Hearings Officer (11/8/2004)
❑ Tigard Planning Commission
❑ Tigard City Council
A copy of the said notice being hereto attached, marked E1(hiblt"A",and by reference made a part hereof, was mailed to
each named person(s) at the address(s) shown on the attached list(s), marked Ellhlbit"B",and by reference made a part
hereof, on lanuan14.2005,and deposited in the United States Mail on lanuary4,2005, postage prepaid.
GZ�� '� - ���
(Person at P pare otice)
,57,�(?E O�F O�ECON
County of'Wasjsngton ss.
City of�igard ) ��
Subscribed and sworn/a�rmed before me on the�_ day of G� , 2005.
OFFICIAL SEAL
3� �:j, SUE ROSS
y NOTARY PUBUC-OREGON
COMMISSION N0.375152
NfY COr�1MISSION EXPIRES DEC.1,2007
-� - u. My Comm on E�ires• �a-�-��7
I 20 DAYS = 3/22/2005 (Includes a 42-day extension) E���B�T� CITY OF i1GARD
DATE Of fILING: 1/3/2005 Community�UeveCopment
ShapingA�etter Community
CITY OF TIGARD
�Nashington County, Oregon
NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER
Case Numbers: CONDITIONAL USE PERMIT CUP 2004-00006
Case Name: METZGER ELEMENTARY SCHOOL BALL FIELDS
Name of Owner: Ti ard-Tualatin School District 23J
Name of Applicant: Ti ard-Tualatin School District 23J
Address of Applicant: 6960 SW Sandbur Street Ti ard OR 97223
Address of Property: 10350 SW Lincoln Street and 9080/9120/9140 SW Locust Street
Tax Ma /Lot Nos.: Washin ton Co. Tax Assessor's Ma No. 1S135AB, Tax Lots 100/202/203/204
A FINAL ORDER INCORPOAATING THE fACTS, FINDINGS AND CONCLUSIONS APPROVING A REQUEST FOR A (ONDITIONAL USE. THE CITY OF TIGARD
HEARINGS OFFICER HAS REVIEWED THE APPLI(ANTS PLANS, NARRATIVE, MATERIALS, �OMMENTS OF REYIEWING AGENCIES, THE PLANNIN6 DIVISIONS STAFF
REPORT AND RECOMMENDATIONS fOR THE APPLIfATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE HEARINGS OFFICER HELD A PUBLIC
HEARING ON NOVEMBER 8, 2004 TO RECEIYE TESTIMONY REGARDING THIS APPII(ATION. THIS DECISION HAS BEEN BASED ON THE FACTS, FINDINGS
AND CONCLUSIONS CONTAINED WITHIN THIS FINAL ORDER.
Request: ➢ The applicant requested Conditional Use approval for a major modification to the newly constructed
Metzger Elementary School site to expand the school site and include three (3) additional properties to construct
ball fields just north of the school. The new play area will be approximately 35,284 square feet. Improvements
to the site and surrounding area include street trees and sidewalks along SW Locust Street, and removal of the
three existing driveways. At the close of the record, the Hearings Officer conditionally approved the
request, subject to the conditions of approval within this final order.
Zone: R-4.5: Low-Density Residential District. Applicable Review Criteria: Community Development Code
Chapters 18.330, 18.390, 18.510, 18.630, 18.705, 18.725, 18.745, 18.755, 18,765, 18.780, 18.790, 18.795 and
18.810.
Action: ➢ � Approval as Requested � Approval with Conditions ❑ Denial
Notice: Notice was published in the newspaper and mailed to:
0 Owners of Record Within the Required Distance � Affected Government Agencies
� Interested Parties 0 The Applicants and Owners
The adopted findings of fact and decision can be obtained from the Planning Division/Community Development
Department at the City of Tigard City Hall.
Final Decision:
THIS DECISION IS FINAL ON JANUARY 4, 2005 AND BECOMES
EFFECTIVE ON JANUARY 20, 2005 UNLESS AN APPEAL IS FILED.
Appeal:
The decision of the Review Authority is final for purposes of appeal on the date that it is mailed. Any party with
standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section
18.390.040.G.2. of the Tigard Community Development Code which provides that a written appeal together with
the required fee shall be filed with the Director within ten (10) business days of the date the notice of the
decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard
City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223.
THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON JANUARY 19, 2005.
Questions: If you have any questions, please call the City of Tigard Planning Division at (503) 639-4171.
BEFORE THE LAND USE HEARINGS OFFICER
FOR THE CITY OF TIGARD,OREGON
Regarding an application by the Tigard-Tualatin School ) F I N A L O R D E R
District for a conditional use pernut to construct a ball field)
at the Metzger Elementary School located southwest of SV� CUP 2004-00006
Lincoln and Locust Streets in the City of Tigard, Oregon ) (Metzger Elem. Ball Field)
A. SUMMARY
1. The applicant,Tigard-Tualatin School District represented by Ed Murphy &
Associates, requests approval of a conditional use permit(CUP)for a major mod�cation to
the recently constructed Metzger Elementary School, located at 10350 SW Lincoln Street
and 9080, 9120 and 9140 SW Locust Street; also known as tax Lots 100, 202, 203 and 204
(WCTM 1S135AB). The site is the southwest quadrant of the intersection of SW Lincoln
and Locust Streets. The site is zoned R-4.5 (Low Density Residential). The southern
portion of the site is developed with an elementary school and associated parking and
landscaping. Unril recently,the northem portion of the site was developed with three single-
family residences with access to SW Locust Street. The applicant removed the structures to
facilitate the development proposed in this application.
2. The applicant now proposes to construct a ball field and associated landscaping
and fencing on the northern portion of the site.
3. City Hearings Officer Joe Turner(the "hearings off'icer") held a duly noticed
public hearing regarding the application. City staff recommended that the hearings off'icer
approve the CUP, subject to conditions. The applicant's representative accepted the findings
and condirions of approvals recommended by City staff with certain exceptions and
clarifications. Other than service providers, no one else testified orally or in writing.The
hearings officer held open the public record for four weeks to allow the parties to offer
additional written tesrimony and evidence.The principal disputed issues in this case include
the following:
a. Whether the tax lot 100, which contains the existing school,is part of the
"site"for purposes of the application;
b. Whether the applicant is required to provide a planter strip between the
curb and sidewalk along the site's Locust Street frontage;
c. Whether the applicant is required to provide a fence and screening along
the boundaries of the site;
d. Whether the applicant is required to dedicate addirional right of way along
the site's Locust Street frontage;
e. Whether the applicant is required to relocate the proposed baseball
backstop structure to provide a 20-foot setback from the potential future Locust Street right
of way;and
f. Whether the applicant is required to agree to dedicate right of way and
construct frontage iinprovements in the future along the site's Locust Street frontage.
4. In this final order, the hearings officer approves the conditional use permit based
on the findings and conclusions provided and incorporated herein and subject to conditions
at the end of this�nal order.
B. HEARING AND RECORD HIGHLIGHTS
1.The hearings officer received testimony at the public hearing about this
applicarion on November 8,2004.All exhibits and records of tesrimony are filed with the
Tigard Department of Community Development. At the beginning of the hearing,the
hearings officer made the declaration required by ORS 197.763.The hearings officer
disclaimed any ex parte contacts, bias or conflicts of interest.The following is a summary
by the hearings officer of selected testimony offered at the public hearing in this matter.
2. City planner Morgan Tracy summarized the Staff Report to the Hearings Officer
dated November 5, 2004(the "Staff Report").
a. He requested the hearings officer modify condition of approval 6.A to
require that the applicant construct a combinarion sidewalk and planter strip that is at least
14 feet wide along the site's Locust Street frontage.
b. He noted that the Code does not require screening where a use is
separated from other uses by a street. TDC 18.745.OSO.A(2). However the conditional use
criteria authorize the hearings officer to require additional screening"if deemed
necessary." Other schools have provided slatted cyclone fences to screen the school from
adjacent uses. He opined that the hearings officer could waive the screening requirement if
the applicant provided statements from adjacent residents stating that they do not want such
screening.
c. He testified that the Code requires that the applicant dedicate additional
right of way along the site's Locust Street frontage.The City must deny the application if
the applicant refuses to dedicate the required right of way,even though the cost of the
dedication is disproportionate to the impact of the proposed development.The exisring
school,tax lot 100, is part of the cunent application, because the applicant proposed to
modify the exisring condirional use approval as part of this development.Therefore the City
has authority to require that the applicant dedicate right of way and construct a sidewalk
along the site's entire Locust Street frontage.
d. He opined that the applicant should be permitted to retain the exisring six-
foot curb tight sidewalk along Locust Street.The applicant could create an 8-foot planter
strip behind the sidewalk to meet code requirements.This would eliminate the need to
relocate existing underground utilities.
e. He noted that the applicant could request an adjustment to reduce the
required 20-foot setback for the backstop structure to 15 feet.
3. Ed Murphy and Greg Philo testified for the applicant.
a. Mr. Murphy summarized the proposed development. He accepted the
findings and conditions of approval in the Staff Report with certain exceptions.
i. He objected to the conditions of approval requiring that the
applicant dedicate right of way and construct frontage improvements along the site's Locust
Street frontage. Locust Street is fully improved as a two-lane collector street.
CUP 2004-00006 Hearings Officer Final Order
(Metzger Elementary Ball Field) page z
(A) He objected to conditions requiring the applicant to
construct certain frontage improvements along the site's entire Locust Street frontage,
because the current development is limited to the three recently acquired lots.
(B) He noted that Locust and Lincoln Streets are both
designated collector streets. However the condirions of approval require that the applicant
dedicate 13.5 feet more right of way for Locust Street than the City required for Lincoln
Street. Although Locust Street is planned for extension, it is unlikely to occur in the
foreseeable future.The majority of properties along Locust Street are fully developed and
unlikely to redevelop and dedicate additional right of way.
(C)He argued that the required right of way dedication will
significantly impact the proposed development, because there is insufficient area on the site
to allow the applicant to relocate the proposed ball field backstop to comply with setback
requirements from the new right of way.
(D)He argued that the cost of the required right of way
dedication and improvements exceeds the impact of the proposed development.The
proposed ball field will not generate any additional vehicle trips on Locust Street.To the
contrary,the proposed development removed three exisring homes that accessed Locust,
reducing the total number of vehicle trips on Locust Street.The proposed development will
improve traffic operations by eliminating three eJCisting driveways on Locust Street.
ii. He objected to condition of approval7,which requires that the
applicant record a restrictive covenant ab eeing to participate in a future Local Improvement
District("LID")for construction of road improvements on Locust Street. He argued that
the condition requires that the applicant"sign a blank check"for future road improvements
abutting the site. The cost of such improvements will be disproportionate to the traffic
impact of the proposed development.
iii. He argued that the applicant should not be required to provide a
planter strip between the street and the sidewalk.TDC 18.810.070.0 allows an exceprion to
the planter strip requirements where curbside sidewalks already exist on predominant
portions of the street or where it would conflict with utilities or natural features, such as
large trees.The applicant proposed to provide an 8-foot planter strip behind the 6-foot
sidewalk on Locust Street. In this case,the majority of Locust Street is currently improved
with 6-foot curb-tight sidewalks.The applicant proposed to match the existing
improvements along the site's frontage.The applicant would have to relocate the existing
sidewalk and a number of underground urilities to construct the required frontage
improvements. Construction of a new sidewalk would also impact several large trees on the
site that the applicant proposed to retain.
iv. He requested the hearings officer delete condition of approval 10,
which requires that the applicant install a six-foot high chain link fence with slats to screen
the site from surrounding properties.The Code does not require a fence or screening in this
case, because the school is separated from surrounding properties by a street. In addition,
the buffer matrix,Table 18.745.1, does not require screening for schools. Screening would
limit the school's "visual integration" with the surrounding neighborhood. The applicant
intends to install a cyclone fence around the site at this time,but it may decide to remove the
fence in the future.
v. He requested the hearings officer hold the record open to allow an
opportunity to submit additional testimony and evidence into the record.
CUP 2004-00006 Hearings Officer Final Order
(Metzger Elementary Ball Field) page 3
b. Mr. Philo submitted photographs of the existing street improvements on
Locust Street on and near the site.
4. At the end of the hearing, the hearings officer ordered the public record held open
for two weeks for the applicant to introduce new evidence and testimony.The hearings
officer ordered the record held open for a third week for the public and City staff to respond
to the testimony at the hearing and the new evidence the applicant submitted.The hearings
officer held the record open for a fourth week for the applicant to submit a closing
argument. The record in this case closed at 5 PM on December 6,2004.�
C. DISCUSSION
1. City staff provided basic facts about the site and its vicinity and existing and
proposed uses in the Staff Report. Ultimate(y they recommended that the hearings officer
approve the application for the conditional use permit. The applicant accepted most of the
findings and recommended conditions with the exceptions described more below.The
hearings officer adopts the findings and conclusions in the Staff Report as his own except
to the extent they are inconsistent with the findings and discussion in this final order.
2. Regarding the condirional use permit, substantial evidence in the record shows
that the proposed use does or can comply with the applicable standards for a conditional use
permit.That evidence and those findings were not rebutted.The hearings officer relies on
the Staff Report for relevant findings and citation to supporting evidence on these issues.
3. The hearings officer finds that the existing school on tax lot 100 is part of the
"site"for purposes of this application. In this application the applicant requested approval
of the ball field on tax lots 202,203 and 204 and a modification of the prior CUP approval
for Metzger Elementary School on tax lot 100 to eliminate the screening and buffer
requirements. Whether the applicant could have filed separate applications for construction
of the ball field and modification of the existing CUP is irrelevant.The applicant filed a
single application affecting all four tax lots. Therefore the "site"for purposes of this
application includes all four tax lots and the City can impose additional conditions on tax lot
100, provided such conditions are permitted by the Code and constitutional limitations.
4. The hearings officer further finds that the issue of whether tax lot 100 is part of
the"site" is largely moot. The City revised the proposed conditions of approval to
eliminate most of the frontage improvement requirements. See the November 29,2004
Memorandum from Mr. Tracy to the hearings officer(the "Memorandum"). The applicant
largely accepted the revised conditions. See the December 5, 20041etter from Mr. Murphy
to the hearings officer.
5. TDC 18.810.0'70.0 generally requires a planter strip between the curb and
sidewalk. However this section provides an exception:
Where the following conditions exist: there is inadequate right-of-way;the
curbside sidewalks already exist on predominant portions of the street; it
would conflict with the utilities, there are significant natural features(large
trees, water features,etc)that would be destroyed if the sidewalk were
1 While the record was held open the applicant requested that the hearings officer delay issuing a decision
until January 3,200� to allow School District staff an opportunity to review the decision af[er they return
from the winter break.The applicant agreed to toll the 120-day clock for that purpose.
CUP 2004-00006 Hearings Officer Final Order
(Metzger Elementary Ball Field) Page 4
. . ,.�
located as required, or where there are existing structures in close proximity
to the street(15 feet or less)
The hearings officer agrees with the applicant and staff that an exception is
warranted in this case, because curbside sidewalks already exist on predominant portions of
the street, and relocation of the existing sidewalk would conflict with existing utilities and
potentially impact existing natural features(large trees)on the site.The applicant should be
required to replace the existing driveway aprons with a 6-foot sidewalk as proposed.
Conditions of approval4 and 6 should be modified to that effect.
6.There is a dispute about whether the applicant is required to provide fencing and
screening around the perimeter of the site.TDC 18.745.050 sets out the buffering and
screening requirements, specifically Table 18.745.1. Schools are not listed in the Table.
However schools are only permitted in the R-4.5 zone as a conditional use. Therefore TDC
18.330.030.B authorizes the hearings officer to require additional screening and buffering
where necessary to easure that the use is compatible with sunounding uses.
a.The hearings officer finds that a fence is warranted along the perimeter of
the site to prevent balls and other play equipment or children from straying into the street
The applicant proposed to construct a 6-foot high cyclone fence,along the site's L.ocust
Street frontage consistent with the existing fences on the site. Conditions of approval 10 and
11 should be modified to that effect.
b. The hearings officer further finds that additional screening (slats in the
fence)is not warranted in this case,because the school is site is separated from adjacent
uses by the open playf'ields and intervening streets.
7.TDC 18.810.030.A requires that the applicant dedicate right of way and construct
half-width improvements to current City standards on streets abutting the site. SW Locust
Street abutting the site is designated a major collector in the Washington Square Regional
Center Plan (the"Plan"). The Plan requires a minimum 95-foot right of way for most
major collector streets. However as staff and the applicant point out,the Washington Square
Regional Center Phase II Implementation Program(hereafter" the Program" ) identifies a
modified design for the section of SW Locust Street between SW Greenburg and SW Hall
(which includes the section of road abutting the site). Unfortunately neither the Plan nor the
Program specifies a cross-section for the modified street design. Staff note that the Code
requires a 70- to 74foot right of way for a three-lane collector street Therefore the hearings
officer finds that the existing 70-foot right of way is sufficient to comply with the modi�ed
design required for this street section. No additional right of way is required. The second
paragraph of condition of approval5 should be deleted.
8. Staff argued that the applicant should be required to locate the baseball backstop
structure an additional 17.5 feet from the existing right of way (a tota137.5-foot setback)to
accommodate future road improvements. Staff argued that the proposed backstop will be
located within 2.5 feet of the future right of way. Therefore the additional setback is
wananted to ensure the safety of school children on the site.TDC 18.330.030.B authorizes
the hearings officer to impose conditions of approval, including requiring additional
setbacks, where necessary to minimize the impact of the proposed use on public facilities.
a. The hearings officer finds that additional setbacks are not wananted in
this case, because the proposed backstop and play fields will not impact the exisring or
future public facilities planned for this area.
CUP 2004-00006 Hearings Of,ficer Final Order
(Metzger Efementary Bal!Field) Page S
i.There is no substantial evidence that the section of Locust Street
abutting the site will be widened to a 95-foot right of way.As discussed above, the Program
specifies a modified,three-lane,design for this road section,which is likely to require less
right of way width. There is no reason to require that the applicant relocate the backstop
based on speculative future improvements.
ii. In addirion,the backstop will be separated from the right of way
by the minimum 6-foot high cyclone fence required by condition of approval 10. The
hearings officer finds that the fence will prevent children from straying onto the right of
way. Additional setbacks are not warranted to ensure the safety of children playing on the
s ite.
iii. If necessary,the backstop can be relocated in the future to
accommodate road improvements.
Therefore the hearings officer finds that recommended condition of approval
15 in the Memorandum should be deleted.
9.TDC 18.810.030.A(3)requires that the applicant dedicate right of way and
construct half-street improvements along the site's Locust Street frontage. However the
requirements must be"directly related to and roughly proportional to the impact of the
development."TDC 18.810.020.A.2 The City Engineer may accept a future improvements
guarantee in lieu of street improvements in certain circumstances "if the City could and
would otherwise require the applicant to provide [the improvements]."TDC
18.810.030.A(5). (Emphasis added).
a.The City determined that the circumstances listed in TDC
18.810.030.A(5)exist in this case.Therefore condirion of approval7 requires that the
applicant agree to construct frontage improvements in the future after the cross freeway
connections specified in the Washington Square Regional Center Implementation Program
are completed and certain other events occur. However there is no substanrial evidence that
the cost of the required improvements is "directly related to and roughly proportional to the
impact of the development."TDC 18.810.020.A and Dolan.
b. The hearings officer finds the condirion of approval7 is subject to review
under polan, based on the following.
i. A waiver of the right to remonstrate against the formarion of a
Local Improvement District("LID") is not subject to Dolan analysis, because the waiver,
by itself, does not result in a loss of property. McClure v. Ciry of Springfield, 39 Or LUBA
329, aff'd 175 Or App 425, 28 P3d 1222 (2001), rev den 334 Or App 327 (2002). However
the hearings officer finds that condition of approval 7 requires more than a waiver of
remonstrance.The condirion requires that the applicant actually build the improvements in
the future, not merely waive its right to remonstrance against the formation of a LID.
Therefore the hearings officer finds that the condition is subject to Dolan analysis.
ii. The Dolan rough proportionality analysis does not apply to
actions "taken pursuant to a legislatively adopted scheme that applies to a broad class of
property and [that do not involve] the exercise of discretion ...[or] adjudication to determine
whether and how a government regulation applies to particular property"and that do not
2 TDC 18.810.020 reflects the holding of the US Supreme Court's opinion in Dolan v. Ciry of Tigard,
114 S.Ct. 2309, 129 L.Ed.2d 304(1994).
CUP 2004-00006 Hearings O,fficer Final Order
(Metzger Elementary Ba!!Field) Page 6
require dedication of property to public use. Dudek v. Umatilla City, 187 Or. App. 504,510
and 513, 69 P.3d 751 (2003).
iii. In this case the hearings officer finds that TDC 18.810.030.A(3)
is "a legislatively adopted scheme that applies to a broad class of property..."Dudek at
510. However the application of the standard to this site involves the exercise of significant
discretion,because the City must determine the particular roadway design that applies to this
street section. In addition, compliance with the condition may require the dedication of
additional right of way, depending on the ultimate street design the City selects.Therefore
the hearings officer finds that condition of approval7 is subject to Dolan's heightened
scruriny test.
c. The hearings officer finds that the City failed to bear the burden of proof
that condition of approval 7 complies with TDC 18.810.020.A and Dolan.
i.The hearings officer finds that the City demonstrated an essenrial
nexus exists between the impacts of the proposed ball field and the required improvements.
The proposed use will generate some additional vehicular and pedestrian trafFic in the area,
increasing the need for roads and sidewalks. Children, parents and other spectators will
travel to and from the site to participate in or watch games,practices and other activities on
the proposed ball field. Construction of frontage improvements on the site's Locust Street
frontage will alleviate the impacts of that addirional tr�c to some extent Therefore there is
a nexus between the required improvements and the impacts of the use.
ii. However the hearings officer further finds that the City failed to
meet its burden of proof that the cost of potential right of way dedication and construction
of frontage improvements now or in the future is roughly proportional to the impact of the
development.The proposed ball field, located at an e�cisring school, is unlikely to generate a
significant volume of additional tr�c.The City failed to provide any evidence comparing
the cost of right of way dedication and frontage improvements to the impact of the
development. The City has not idenrified a specific street cross-section for Locust Street.
The choice of a particular street design may have a significant impact on the cost of frontage
improvements. Condition of approval7 essentially requires that the applicant agree to write
a"blank check" to the City, agreeing to dedicate right of way and pay for unspecified road
improvements at some time in the future.Therefore the hearings off'icer finds that the City
failed to bear the burden of proof that the cost of the required improvements is roughly
proportional to the impacts of the proposed ball field.
iii. Therefore the hearings off'icer�nds that conditions of approval 7
should be deleted.
D. CONCLUSIONS
The hearings officer concludes that the proposed conditional use permit does or can
comply with the applicable approva! criteria and standards of the Tigard Community
Development Code,provided development that occurs after this decision complies with
applicable local, state, and federal laws and with conditions of approval warranted to ensure
such compliance occurs.
E. DECISION
The hearings officer hereby approves CUP 2004-00006(Metzger Elementary Ball
Field) as described herein, subject to the following condirions of approval:
CUP 2004-00006 Hearings Officer Fina!Order
(Metzger Elementary Ball Field) Page 7
CONDTTIONS OF APPROVAL
THE FOLLOWING CONDTTIONS SHALL BE SATISFIED
YRIOR TO LSSUANCE OF THE STTE AND/OR P��I PERMTTS:
Submit to the Planning Department (Morgan Tracy,639-4171, eXt. 2428) for re��iew
and approval:
1. Prior to the issuance of buildin� pernuts,the applicant shall submit a revised
landscape plan that indicates 2- /2 inch caliper size street trees planted 28 feet on
center along SW Locust
2. Prior to site work, the applicant shall provide the City Arborist with a construction
sequence including installation and removal of tree protection devices, clearing,
grading,and paving.
3. Prior to site work, the applicant shall notify the City Arborist when tree protection
measures are in place so that he may verify that the measures will function properly
prior to construction.
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for
review and approval:
4. Prior to issuance of a site pernut, a Public Facility Improvement(PFI) permit is
required for this project to cover street trees,sidewalk and any other work in the
public right-of-way. Three(3) sets of detailed public improvement plans shall be
submitted for review to the Engineerin¢ Depaztment NOTE: these plans are in
addirion to any drawings required by t�ie Building Division and should only include
sheets relevant to public improvements. Public Facility Improvement(PFI) permit
plans shall conform to City of Tigard Public Improvement Design Standards,which
are available at City Hall and the City's web page(www.ci.tigard.or.us).
5. The PFI permit plan submittal shall include the exact legal name,address and
telephone number of the individual or corporate entity who will be designated as the
" Perrruttee" ,and who will provide the financial assurance for the public
improvements. For example,specify if the enrity is a corporation,hmited
partnership,LLC,etc. Also specify the state within which the entity is incorporated
and rovide tt�e name of the corporate contact person. Failure to rov�de accurate
information to the Engineering Department will delay processing of project
documents.
6. The applicant shall submit construction plans to the Engineering Department as a
part of the Public Facility Improvement�ermit,indicating that they will construct the
following frontage improvements along W Locust Street as a part of this project:
A. Reconstructed sidewalk where driveway aprons on SW Locust are presendy
located:
B. Street trees in the planter strip spaced per TDC requirements;and
C. Streedight layout by applicant's engineer,to be approved by City Engineer.
7. An erosion control plan shall be provided as part of the Public Facility Improvement
(PFI) permit drawings. The plan shall conform to the "Erosion Prevention and
Sediment Control Design and Planning Manual,February 2003 edition."
8. A�nal grading plan shall be submitted showing the existing and proposed contours.
The plan shall detail the provisions for surface drainage of all lots, and show that
they will be graded to insure that surface drainage is directed to the street or a public
storm drainage system approved by the EnQineering Department. For situations
where the back portions of lots dra�n away�rom a street and toward adjacent lots,
CUP 2004-00006 Hearings O,�``icer Final Order
(Metzger Elementary Bal!Field) Page 8
appropriate private storm drainage lines shall be provided to sufficiently contain and
convey runoff from each lot.
THE FOLLOWING CONDITIONS SHALL 1�E SATISFI�D
PRIOR TO USE OF THE PLAYFIELDS:
Submit to the Planning Department (Morgan Tracy, 639-4171, e�t. 2�28) for revie�v
and approval:
9. Prior to their use,the playfields shall be fenced from SW Locust Street with a
minimum 6-foot tall cyclone fence or equivalent fence design approved by the City.
10. Prior to placing the required fencing along S W Locust Street,the applicant shall
ensure that adequate sight distance and v�sion clearance requirements are
maintained.
11. Prior to placement of any signs on site,the applicant shall apply for a sign permit
and supply staff with the appropriate plans to verify compliance with TDC Chapter
18.780.
Submit to the Engineering Department (Kim McMillan, 639-4171,ext. 2642) for
review and approval:
12. Prior to a final inspection,the applicant shall complete the required public
im�rovements,obtam conditional acceptance from the City,and provide a one-year
maintenance assurance for said improvements.
13. Prior to final inspection,the applicant shall provide the City with as-built drawings
of the public improvements as follows: 1) 3 mil mylar,2) a diskette of the as-builts
in " DWG" format,if available;otherwise"DXF" will be acceptable,and 3) the as-
built drawings shall be tied to the City's GPS network. The applicant's engineer
shall provide the City with an electronic file with points for each structure
(manholes, catch basins, water valves, hydrants and other water system features)in
the development, and their respective X and Y State Plane Coordinates,referenced to
NAD 83 (91}.
FAILURE TO SATISFY THE CONDITIONS OF APPROVAL WITHIN 18
MONTHS OF THE EFFECTIVE DATE OF THE HEARINGS OFFICER'S
DECISION SHALL RENDER THE HEARINGS OFFICER'S DECISION VOID.
DATED this 3rd day of January, 2005.
� .
�` •
� '
urner, sq.,
� City of Tigard Land Use Hearings Officer
CUP 2004-00006 Hearings O„(�cer Final O�der
(Metzger Elementary Ball Field) Page 9
Agenda Item: 2.1
Hearing Date: November 8 2004 Time: 7:00 PM
STAFF REPORT TO THE
HEARINGS OFFICER CITYOFTIGARD
C'ommunzty rDeveCopmerit
FOR THE CITY OF TIGARD, OREGON ,r������errer�ommurt��
120 DAYS = 2/8/2005
SECTION I. APPLICATION SUMMARY
FILE NAME: METZGER ELEMENTARY SCHOOL BALLFIED EXPANSION
CASE NOS: on itiona se Permit P UP2 0 -0000
OWNER: Tigard-Tualatin School APPLICANT'S Ed Murphy &Associates
District 23J REP.: Attn: Ed Murphy
Attn: Stephen Poage 9875 SW Murdock Street
6960 SW Sandburg Street Tigard, OR 97224
Tigard, OR 97223
PROPOSAL: The applicant is requesting Conditional Use approval for a major
modification to the newly constructed Metzger Elementary School site to
expand the school site and include three (3 additional properties to
construct ball fields 1'ust north of the school. he new play area will be
approximately 35,284 square feet. Improvements to the site and
surrounding area include street trees and sidewalks along SW Locust
Street, and removal of the three existing driveway aprons.
LOCATION: 10350 SW Lincoln Street and 9080, 9120 and 9140 SW Locust Street;
WCTM 1S135AB, Tax Lots 100, 202, 203 and 204.
COMPREHENSIVE
PLAN AND
ZONING
DESIGNATION: R- 4.5, Low-Density Residential zoning district.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters: 18.330, 18.360, 18.390, 18.510,
18.630, 18.705, 18.725, 18.745, 18.755, 18.765, 18.780, 18.790, 18.795,
and 18.810.
SECTION II. STAFF RECOMMENDATION
Staff recommends that the Hearings Officer find that the proposed modification and expansion
of the prior Conditional Use Permit will not ad�erseEy affect the health, safety and welfare of the
City and meets the Approval Standards of the Tigard Development Code. Therefore, Staff
recommends APPROVAL, subject to the following recommended Conditions of Approval:
METZGER ELEMENTARY PLAYFIELDS PAGE 1 OF 19
11/8J04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
L , .
_ CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO ISSUANCE OF THE SITE AND/OR PFI PERMITS:
u mit to t e anning epartment organ racy, , ext. or review an
approval:
1. Prior to the issuance of buildin� permits, the applicant shall submit a revised landscape
plan that indicates 2 '/Z inch ca iper size street trees planted 28 feet on center along SW
Locust.
2. Prior to site work, the applicant shall provide the City Arborist with a construction
sequence including installation and removal of tree protection devices, clearing,
grading, and paving.
3. Prior to site work, the applicant shall notify the City Arborist when tree protection
measures are in place so that he may verify that the measures will function properly
prior to construction.
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review
and approval:
4. Prior to issuance of a site permit, a Public Facility Improvement (PFI permit is required
for this project to cover planter strip, street trees, 8 foot sidewalk an any other work in
the public right-of-way. Three (3) sets of detailed public improvement plans shall be
submitted for review to the Engineering Department. NOTE: these plans are in addition
to any drawings required by the Building Division and should only include sheets re evant
to public improvements. �ublic Facility Improvement (PFI permit plans shall conform to
City of Tigard Public Improvement Design Standards, whic are available at City Hall and
the City's web page (www.ci.tiqard.or.us).
5. The PFI permit plan submittal shall include the exact legal name, address and telephone
number of the mdividual or corporate entity who will be designated as the "Permittee",
and who will provide the financial assurance for the public improvements. For example,
specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state
within which the entity.is incorporated and provide the name of the corporate contact
person. Failure to provide accurate information to the Engineering Department will delay
processing of project documents.
Additional right-of-way shall be dedicated to the Public along the frontage of Locust
Street to increase the right-of-way to 43.5 feet from the centerline. The applicant shall
als�� dedicate ROW at the radius of the Locust Street intersections at Lincoln Avenue and
9Q Avenue. The description shall be tied to the existin right-of-way centerline. The
dedication document shal( be on City forms. Instruc�ions are available from the
Engineering Department.
6. The applicant shall submit construction plans to.the Engineering Department as a part of
the Public Facility Improvement permit, mdicating thaf the will construct the following
frontage improvements along SW Locust Street as a part of�his project:
A. 8-foot concrete sidewalk with 5-foot planter strip;
B. street trees in the ptanter strip spaced per TDC requirements;
C. streetlight layout by applicant's engineer, to be approved by City Engineer; and
D. driveway apron (if applicable).
7. The applicant shall execute a Restrictive Covenant whereby they agree to complete or
participate in the future improvements of SW Locust Street ad�acent to the subject
property, when any of the following events occur:
METZGER ELEMENTARY PLAYFIELDS PAGE 2 OF 19
11l8/04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
A. when the improvements are part of a larger project to be financed or paid for by
the formation of a Local Improvement Distnct,
B. when the improvements are part of a larger project to be financed or paid for in
whole or in part by the City or other public agency,
C. when the improvements are part of a larger pro�ect to be constructed by a third
party and involves the sharing of design and/or construction expenses by the third
party owner(s)of property m addition to the subject property, or
D. when construction of the improvements is deemed to be appropriate by the City
Engineer in conjunction with construction of improvements by others adjacent to
the subject site.
8. An erosion control plan shall be provided as part of the Public Facility Improvement (PFI)
permit drawings. The plan shall conform to the "Erosion Prevention and Sediment
Control Design and Planning Manual, February 2003 edition."
9. A final grading plan shall be submitted showin� the existing and proposed contours. The
plan shall detail the provisions for surface drainage of all lots, and show that they will be
graded to insure that surface drainage is directed to the street or a public storm drainage
s stem approved by the Engineenng Department. For situations where the back portions
o� lots drain away from a street and toward adjacent lots, appropriate private storm
drainage lines shall be provided to sufficiently contain and convey runoff from each lot.
THE FOLL4WING CONDITIONS SHALL BE SATISFIED
PRIOR Tp USE OF THE PLAYFIELDS:
u mit to t e anning epartment organ racy, 7 , ext. or rev�ew an
approval:
10. Prior to their use, the playfields shall be screened from properties across SW Locust
Street with the use of a 6 foot tall chainlink fence with slats to match the other
approved fencing around the school site.
11. Prior to placing the required screening fencing along SW Locust Street, the applicant
shall ensure tliat adequate sight distance and vision clearance requirements are
maintained.
12. Prior to placement of any signs on site, the applicant shall appIy for a sign permit and
supply staff with the appropriate plans to verify compliance with TDC Chapter 18.780.
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review
and approval:
13. Prior to a final inspection, the applicant shall complete the required public improvements,
obtain conditional acceptance from the City, and provide a one-year maintenance
assurance for said improvements.
14. Prior to final inspection, the applicant shall provide the City with as-built drawings of the
public improvements as follows: 1) 3 mil mylar, 2) a diskette of the as-builts in "DWG"
format, if available; othenrvise "DXF" will be acceptable, and 3) the as-built drawings
shall be tied to the City s GPS network. The applicant s engineer shall provide the City
with an electronic file with points for each structure (manholes, catch basins, water
valves, hydrants and other water system features) in the development, and their
respective X and Y State Plane Coordinates, referenced to NAD 83 (91).
FAILURE TO SATISFY THE CONDITIONS OF APPROVAL WITHIN 18 MONTHS OF THE
EFFECTIVE DATE OF THE HEARINGS OFFICER'S DECISION SHALL RENDER THE
HEARINGS OFFICER'S DECISION VOID.
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11/8J04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
SECTION III. BACKGROUND INFORMATION
Site Histo :
e etzger Elementary School was approved as a conditional use in 1972 by the
Washington County Board of County Commissioners. A major modification of that site
occurred this year as part of the approval related to CUP2003-00003. The old school was
demolished, and a new school and playgrounds were constructed on the same site. At that
time, there were three residential properties bordering SW Locust Street. Buffering and
screening around these uses were required as part of the previous approval. Since thaf time,
the School District has acquired those three properties, and demolished or relocated the
houses that stood on them.
Vicinit Information:
e site mc u ing the school grounds and three current residential properties) is zoned R-4.5
and surrounded on three sides by single-family homes, and commercial development on the
fourth (west) side. The site is located within the Washington Square Regional Center
planning district. There are specific design and density guidelines for other types of
development within this district. The surrounding areas may be developed by a combination
of homes and businesses, as the ma'ority of that district is zoned to accommodate mixed
uses with medium to high density deve�opments.
Site Information and Pro osal Descri tion:
e sc oo site is currenty . 7 acres in size and would be expanded by 1.66 acres to a total
of 8.13 acres with the addition of the three residential properties. The applicant is seeking to
convert the residential uses to expand the conditionafly permitted schoof use, specifically to
construct playfields. There are no new structures being proposed with this application, apart
from a penmeter fence. This application also reflects eliminating the buffer and landscape
screening requirement around the three residential properties, as such buffering is no longer
relevant.
Since this application takes into account the recently approved school site, in large part, staff
defers to the findings of that previous decision. Modified or expanded findings are provided
where relevant to the subJect application request.
SECTION IV. DECISION MAKING PROCEDURES, PERMITS AND USE
Use Classification: Section 18.130.020
is s e se a egories.
The applicant is proposing to convert properties currently used for residential uses, to expand
the conditional use school site for pla�elds. Schools are permitted conditionally within the R-
4.5 zoning district.
Summa Land Use Permits: Chapter 18.310
e �nes e ecision-ma �ng type to which the land-use application is assigned.
The proposed use is a Conditional Use permit which is a Type III-HO decision, heard by the
Tigard Hearings Officer.
METZGER ELEMENTARY PLAYFIELDS PAGE 4 OF 19
11l8l04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
SECTION V. SUMMARY OF APPLICABLE CRITERIA
A summary o t e applicable criteria in this case in the Chapter order in which they are
addressed in this report are as follows:
A. 18.330 S ecific Conditional Use Criteria
enera pprova n ena
Additional Conditions of Approval)
6. licable Develo ment Code Standards
i e eve o men eview
18.510 Residential oning Districts)
18.630 ashington Square Regional Center)
18.705 Access, Egress & Circufation)
18.725 Environmental Performance Standards)
18.745 Landscaping and Screening)
18.755 Mixed SolidlNaste and Recyclable Storage)
18.765 Off-Street Parking and Loading Requirements)
18.780 Signs
18.790 Tree emoval)
18.795 isual Clearance)
C. Street and Utilitv Improvement Standards (18.810�
D. ml pacfS u y
SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS
A. SPECIFIC CONDITIONAL USE APPROVAL CRITERIA
Section 18.330.010.A states that the purpose of this chapter is to provide standards
and procedures under which a conditional use may be permitted, enlarged or altered if
the s�te is appropriate and if other appropriate conditions of approval can be met.
There are certain uses which due to the nature of the impacts on surrounding land
uses and public facilities require a case-by-case review and analysis.
Section 18.330.020.A states that a request for approval for a new conditional use shall
be processed as a Type III-HO procedure as regulated by Chapter 18.390.050, using
approval criteria contained in Section 18.�330.030A and subject to other requirements
in Chapter 18.330.
GENERAL APPROVAL CRITERIA FOR A CONDITIONAL USE: SECTION 18.330.030
e site size an imensions provi e a equate area or t e nee s o t e propose use;
The existing site size is 6.47 acres, and will be increased by 1.66 acres as a result of this
request. The proposal requests approval to construct school pla�elds over present residential
properties. There was inadequate room for the proposed configuration of playfields under the
previous approval; however, the addition of this area will make a more suitably shaped and
sized site for the proposed use. This report evaluates the proposal and necessary setbacks,
landscaping, etc., and as demonstrated in the application and this report, the site size is
adequafe for the needs of the proposed use.
The characteristics of the site are suitable for the proposed use considering size, shape,
location, topography, and natural features;
The site is currently developed with an existing elementary school and three previous
homesites. The site is larg e enough to accommodate the use. There are no specific limitations
to the site with regard to the shape, location, topography or natural features that would hinder
the development of the site with the proposed use.
All required public facilities have adequate capacity to serve the proposal; and
METZGER ELEMENTARY PLAYFIELDS PAGE 5 OF 19
11/8/04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
All public facilities including streets, storm and sanitary sewers, and water have adequate
capacity to serve the site as required by the previous conditional use decision. Street
improvements for the area in front of the previous homesites are discussed later in this report.
The applicable requirements of the zoning district are met except as modified by this
chapter.
The proposed site is located within the R-4.5 zoning district. As indicated earlier, schools are
permitted conditionally. As conditioned later in this report, the project can meet the
applicable requirements of the zoning district. The conditional use requirements are more
restrictive than the underlying zoning requirements with regard to site size and setback
requirements. The applicant has met or exceeded these requirements.
The supplementary requirements set forth in other chapters of this Code including but
not lim�ted to Chapter 18.780, Signs, and Chapter 18.360, Site Development Review, if
applicable, are met or can be conditioned to be satisfied.
The applicable review criteria in this case include the following chapters of the Community
Development Code: 18.330, Conditional Use; 18.360, Site Development Review; 18.390
Decision Making Procedures; 18.510, Residential Zoning Districts, 18.630 Washington Square
Regional Center Standards, 18.705, Access, Egress and Circulation; 18.725, Environmental
Performance Standards; 18.745, Landscaping and Screening; 18.755, Mixed Solid Waste and
Recyclables Storage; 18.765, Off-Street Parkmg; 18.780, Signs; 18.790, Tree Removal;
18.795, Visual Clearance Areas; and 18.810, Street and Utility fmprovement Standards. The
development standards and requirements of these chapters are addressed further in this
report.
The proposal contains no elements related to the provisions of the following chapters: 18.350,
Planned Development; 18.38Q, Zoning Map�Text Amendments; 18.410, Lof Line Adjustments;
18.420, Land Partitions; 18.430, Subdivisions; 18.520, Commercial Zoning Districts; 18.530,
Industrial Zoning Districts; 18.620, Tigard Triangle Desi n Standards; 18.640 Durham Quarry
Design Standards; 18.710, Accessory Residential Units; �8.715, Density Computations; 18.720,
Design Compatibility Standards; 18.730, Exceptions to Development Standards; 18.740,
Historic Overlay; 18.742, Home Occupations; 18.750, Manufactured/Mobile Home Regulations;
18.760, Nonconforming Situations; 18.775, Sensitive Lands; 18.785, Temporary Uses; and
18.798, Wireless Communications Facilities. These chapters are, therefore, found to be
inapplicable as approval standards.
The use will comply with the applicable policies of the Comprehensive Plan.
The Comprehensive Plan is implemented by the Community Development Code. Compliance
with Comprehensive Plan policies are, therefore, assured by satisfaction of the applicable
development standards of the development code as addressed within this report.
FINDING: Based on the analysis above, the General Approval Criteria for a Conditional Use
are satisfied.
ADDITIONAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE.
ection . . states at t e earings ut ority may impose conditions on the
approval of a conditional use, which are found necessary to ensure the use is
compatible with other uses in the vicinity, and that the impact of the proposed use on
the surrounding uses and public facilities is minimized. These conditions may
include, but are not limited to the following:
Limiting the hours, days, place and/or manner of operation;
The a�plicant has not indicated hours, days, or manner of operation: however, it can be
expec ed that the school would operate during the same hours that it currently operates.
There is no evidence in the record to suggest that there is a need to limit the hours, days,
place and or manner of operation for the elementary school. This criterion is satisfied.
METZGER ELEMENTARY PLAYFIELDS PAGE 6 OF 19
11/8/04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
Requiring design features which minimize environmental impacts such as noise,
vibration, air pollution, glare, odor and/or dust;
The proposal would not likely generate any vibration, air pollution, odor, glare, noise, or dust
that would be considered out of character for the use. The applicant has sited the facility on
the property in a location that will minimize impacts to the surrounding neighborhoods. This
criterion is satisfied.
FINDING: The proposed site is adjacent (across developed rights of way) on three sides
to noise sensitive units as defined in the Tigard Municipal Code (TMC) Chapter
7.40.
Requiring additional setback areas, lot area, and/or lot depth or width;
The lot is large enough to accommodate the proposed playfields and school buildings. There
are no setbacks for playfields since no structures are proposed, and staff does not anticipate
a need for increased setbacks with the provision of right of way dedication, and screening as
discussed later in this report. This criterion is satisfied.
Limiting the building height, size or lot coverage, and/or location on the site;
There are no new buildings proposed with this application. In fact lot coverage statistics will be
lowered with the inclusion of this additional open area. The proposed playfie�d location is
appropriate given the orientation of the school site. This criterion is satisfied.
Designating the size, number, location and/or design of vehicle access points;
The applicant is proposing to eliminate three accesses off SW Locust, classified as a major
collector. No new accesses are proposed and existing access was reviewed and previously
approved. The criterion is satisfied.
Requiring street right-of-way to be dedicated and street(s) to be improved;
The site has frontage on three separate stre�ts. Half-street im� provements and right of way
dedication has already occurred on SW 90 Avenue and SW Lincoln Street. The only
dedication of right-of-way that will be required is along SW Locust. The specifics of the
improvements are discussed in more detail in the street and utility section of this report. This
criterion is satisfied.
Requiring landscaping, screening, drainage and/or surfacing of parking and loading
areas;
Parking and loading areas were required to be screened by the previous decision.
Limiting the number, size, location, height and/or lighting of signs;
Compliance with the sign requirements for the underlying zone will be considered once a
design is reviewed. All additional signage is subject to the sign requirements which will be
reviewed with the sign permit application.
Limiting or setting standards for the location and/or intensity of outdoor lighting;
No additional lighting is proposed. This criterion is satisfied.
Rec�uiring berms, screening or landscaping and the establishment of standards for
their installation and maintenance;
METZGER ELEMENTARY PLAYFIELDS PAGE 7 OF 19
11/8/04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
The landscaping plan for the balance of the site was previousl approved. To provide better
security for students attending the school and using the playfi�elds, and to better screen the
use from properties across SW Locust, a requirement should be imposed for a chainlink
fence with slats or suitable equivalent to be established along the perimeter of the school site,
to tie back into existing fencing. Beyond the required street trees and required screening,
staff does not see a need for requinng additional landscapmg or berms.
Requiring and designating the size, height, location and/or materials for fences;
The applicant is proposing new chain link fencin�with slats along the rear property lines of
three houses that are located along SW Locust. hain link fencing is an acceptable material
provided it adequately screens the use from adjacent single-family homes. This criterion can
be satisfied.
Requiring the protection and preservation of existing trees, soils, vegetation,
watercourses, habitat areas and/or drainage areas;
Some trees previously preserved along the shared property line of the prior residential uses
are roposed for removal. These trees would be located in the middle of the proposed
play�ields. The applicant is retaining an existing deciduous tree as it appears healthy and is
located outside of the limits of the playfields and will not impede their use. There are no
watercourses, habitat or draina�e areas on the site. Soils are to be retained on the site. To
accommodate the �la�elds, existing vegetation,has been cleared. As demonstrated later in
this report, the app icant meets, or can be conditioned to meet this criterion.
Requiring the dedication of sufficient open land area for a greenway adjoining and
within the floodplain when land form alterations and development are allowed within
the 100-year floodplain; and
The property is not adjacent to the floodplain. This criterion is not applicable.
Requiring the construction of a pedestrian/bicycle pathway within the floodplain in
accordance with the adopted pedestrian/bicycle pathway plan.
The property is not adjacent to the 100-year floodplain. This criterion is not applicable.
FINDING: Additional screening is necessary along SW Locust Street. The other general
conditional use standards are met, or will be met through the imposition of
conditions elsewhere in this report.
CONDITION:Prior to their use, the playfields shall be screened from properties across SW
Locust Street with the use of a 6 foot fall chainlink fence with slats to match the
. other approved fencing around the school site.
ADDITIONAL DEVELOPMENT STANDARDS FOR CONDITIONAL USE TYPES:
e a itiona eve opment standards are specific criteria that must be considered at
the time of application for a conditional use.
The criterion states that there shall be no minimum lot size requirements for schools
other than what is required for the applicable zoning district;
That the setbacks shall be as follows:
Front Yard setback-20 feet
Corner and through lot setback-20 feet on any side facing a street
Side yard setback-20 feet
Rear yard setback- 30 feet
METZGER ELEMENTARY PLAYFIELDS PAGE 8 OF 19
11/8/04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
The minimum lot size for the R-4.5 zoning district is 7,500 square feet. This site is 8.13
acres. This criterion is satisfied. With regard to the setbacks, the building location was
previously approved and is not being modi�ied. The pla�elds are not sub�ect to setback
requirements. Any future structures such as bleachers, or backstops will need to meet the
side yard (as established by the prior conditional use application) setback of 20 feet.
B. APPLICABLE DEVELOPMENT CODE STANDARDS
SITE DEVELOPMENT REVIEW (18.360)
e i e eve opmen eview approval standards require that a development proposal
be found to be consistent with the various standards of the Community Development
Code. The proposal's consistency with these Code Chapters is reviewed in the
following sections.
RESIDENTIAL ZONING DISTRICTS (18.510)
The��3 zoning ciistric is esignei�ccommodate detached single-family housing
at a minimum lot size of 7,500 square feet. A wide range of civic and institutional uses
are also permitted conditionally.
Section 18.510.050 states that Development standards in Residential zoning districts are
contained in Table 18.510.2, however, because the proposed use requires conditional use
approval, the stricter standards of the conditional use section apply. The only standards that
are not specifically regulated by the Conditional Use chapter are lot coverage and building
height. There is no maximum lot coverage within the R-4.5 zoning district, and the maximum
height requirement is 30 feet. The remaining standards are exceeded by the conditional use
requirements.
Based on the analysis above, the underlying zone's development standards are met or
exceeded with the exception of the building height.
WASHINGTON SQUARE REGIONAL CENTER DESIGN STANDARDS (18.630)
'T��fiington quare egiona en er esign tan ar s were a opte in 2002. All
new develoPments, including remodeling and renovation projects resulting in new
non-single family residential uses, are expected to contribute to the character and
quality of the area. In addition to meeting the design standards and other development
standards required by the Development and Building Codes, developments will be
required to dedicate and �mprove public streets, connect to public facilities such as
sanitary sewer, water and storm draina�e, and participate in funding future
transportation and public improvement pro ects necessary within the Washington
Square Regional Center. The applicable sec�ions to this development are 18.630.040,
050, and 090. The remainin� sections are found to be inapplicable as they relate to the
mixed use zoning designations. Compliance with these standards are evaluated in the
following discussion.
Section 18.630.040 deals with street connectivity and states two options to
demonstrate compliance. The applicant chose the design option. The design option
states that, "Local street spacing shall provide public street connections at intervals of
no more than 530 feet; and bike and pedestrian connections on public easements or
right-of-way shall be provided at intervals of no more that 330 feet.
In this case, the street spacing is already achieved befinreen SW Lincoln, and SW Locust
streets. The prior decision required a pedestrian connection through the site to satisfy this
standard.
Section 18.630.050 relates to site design standards. Specifically the standards that relate
to building placement on major and minor arterials, build�ng setback, front yard setback
design, walkway connection to building entrances, and parking location and landscape
design.
No changes to the building location or internal walkway systems are proposed. These criterion
are satisfied.
METZGER ELEMENTARY PLAYFIELDS PAGE 9 OF 19
11/8/04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
Section 18.630.090 speaks to the requirements for landscaping of landscaped and
screened areas within parking lots, and along local collectors and local streets. Specific
to this project, the standards of 18.745 would apply in addition to a requirement that
trees shall be provided at a minimum of 2 1/2 inch caliper, at a maximum spacin� of 28
feet. Shrubs shall be of a size and quality to achieve the required landscaping or
screening effect within two years.
The applicant has provided a landscape plan for the site and has proposed to plant street trees
spaced 28 feet on center. It is not clear at what size these trees are to be planted. This
standard specifies 2 '/2 inch caliper sized trees.
FINDINGS: The applicant has provided a landscape plan for the site that does not meet the
additional requirements imposed by this section for street tree size.
CONDITION: Prior to the issuance of building permits, the applicant shall submit a revised
landscape plan that indicates 2 '�Z inch caliper size street trees planted 28 feet on
center along SW Locust.
ACCESS EGRESS AND CIRCULATION (18.705)
�o�uiTc�ing or o er perm� s a e is� 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 applicant is proposing to remove three existing residential driveway accesses on SW
Locust. Apart from this change, no other modifications are proposed This criterion is
satisfied.
All vehicular access and egress,as required in Sections 18.705.030H 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.
The site has frontage on SW Lincoln, SW 90th, and SW Locust. All three are public streets,
and the approved accesses connect directly with the site. This criterion is satisfied.
Required Walkway Location
On-site pedestrian walkways shall comply with the following standards:
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 buildin�s in multi-building commercial,
institutional, and industrial complexes. Unless impractical, walkways shall be
constructed between new and existing developments and neighboring developments;
No changes to the approved walkways are proposed. This criterion is satisfied.
Within all attached housing (exce�t 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;
This criterion is not applicable to this proposal.
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 mark�ngs, or
contrasting pavement materials are used. Walkways shall be a minimum of four feet in
width, exc�usive of vehicle overhangs and obstructions such as mailboxes, benches,
bicycle racks, and sign posts, and shall be in compliance with ADA standards;
METZGER ELEMENTARY PLAYFIELDS PAGE 10 OF 19
11l8/04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
No changes to the approved walkways are proposed. This criterion is satisfied.
Required walkways shall be paved with hard surfaced materials such as concrete,
asphalt, stone brick, etc. Walkways may be required to be lighted and/or signed as
needed for sa�ety purposes. Soft-surfaced public use pathways may be provided only
if such pathways are provided in addition to required pathways.
The ap licant is proposing to construct sidewalks with concrete materials on SW Locust.
This cri�erion is satisfied.
Access Management (Section 18.705.030.H):
Section 18.705.030.H.1 states that an access report shall be submitted with all new
development proposals which verifies design of driveways and streets are safe by
meeting adequate stacking needs, sight distance and deceferation standards as set by
ODOT, Washington County, the City and AASHTO.
Locust Street is classified as a Major Collector in the Washington Square Re ional Plan. The
applicant is proposing to remove existing residential driveways, thus elimina�ing access from
these lots to Locust Street. An access report is not required: No new school accesses are
proposed. Other accesses were previously approved under this standard.
Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the
influence area of collector or arterial street intersections. Influence area of
intersections is that area where queues of traffic commonly form on approach to an
intersection. The minimum driveway setback from a collector or arterial street
intersection shall be150 feet, measured from the right-of-way line of the intersecting
street to the throat of the proposed driveway. The setback may be greater depending
upon the influence area, as determined from City Engineer review of a traffic im pact
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 ad'acent parcel. If shared access is not �ossible or practical, the
driveway shall be p�aced as far from the intersection as possible.
No new accesses are proposed. Other accesses were previously aPproved under this
standard. Driveways along the Locust Street frontage will be removed, thereby meeting this
criterion.
Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and
streets along a collector shall be 200 feet. The minimum spacing of driveways and
streets along an arterial shall be 600 feet. The minimum spacing of local streets along
a local street shall be 125 feet.
No new accesses are proposed. Other accesses were previously approved under this
standard.
ENVIRONMENTAL PERFORMANCE STANDARDS — CHAPTER 18.725:
equ�res a e era an s a e environmen a aws, ru es an regu ations be applied to
development within the Cit� of Tigard. Section 18.725.030 Performance Standards
regulates: Noise, visible emissions, vibration and odors.
Noise. For the purposes of noise regulation, the provisions of Sections 7.41.130 through
7.40.210 of the Tigard Municipal Code shall apply.
Visible Emissions. Within the Commercial zoning districts and the Industrial Park (I-P)
zoning district, there shall be no use, operation or activity which results in a stack or
other point- source emission, other than an emission from space heating, or the
emission of pure uncombined water (steam) which is visible from a property line.
Department of Environmental Quality (DEQ) rules for visible emissions (340-21-015 and
340-28-070) apply.
METZGER ELEMENTARY PLAYFIELDS PAGE 11 OF 19
11/8/04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
Vibration. No vibration other than that caused by highwa vehicles, trains and aircraft is
permitted in any given zoning district, which is discern�le without instruments at the
property line of the use concerned.
Odors. The emissions of odorous gases or other matter in such quantities as to be
readily detectable at any point beyond the property line of the use creating the odors is
prohibited. DEQ rules for odors (340-028-090) apply.
Glare and heat. No direct or sky reflected glare, whether from floodlights or from high
tem�erature processes such as combustion or welding, which is visible at the lot line
shall be permitted, and; 1) there shall be no emission or transmission of heat or heated
air which is discernible at the lot line of the source; and 2� these regulations shall not
apply to signs or floodlights in parking areas or construction equipment at the time of
construction or excavation work otherwise permitted by this title.
Insects and rodents. All materials including wastes shall be stored and all grounds
shall be maintained in a manner which will not attract or aid the propagation of insects
or rodents or create a health hazard.
There is no evidence in the record that would suggest that any problems associated with noise,
emissions, vibrations, odors, glare and heat, or insects and rodents would result from the
expansion of the pla�elds.
FINDING: Based on the information provided by the applicant, the use of the property will
conform to the above requirements. If for some reason the above standards
were in question, and it was subsequently found that the use was out of
compliance with any of the above standards, the property owner would be
subject to code enforcement, court review, possible fines, and revocation of the
Conditional Use Permit. A search of City records does not indicate any code
enforcement issues associated with the existing use.
LANDSCAPING AND SCREENING — CHAPTER 18.745:
ree rees: ec ion . . s a es a a evelopment pro ects fronting on a
public street shall be required to plant street trees in accor�ance with Section
18.745.040.0 Section 18.745.040.0 required that street trees be spaced between 20
and 40 feet apart depending on the size classification of the tree at maturity (small,
medium or large).
The project has frontage along three streets that require the placement of street trees. The
applicant has proposed to plant street trees along all three frontages. The sizing of the trees
does not meet the requirements of the Washington Square Regional Center Design Standards,
and staff has conditioned the applicant to revise the landscape plan earlier in this report. This
standard is satisfied.
Land Use Buffering and Screening:
Buffering and Screening is required between different types of land uses.
The proposed facility is in a residential zone and is adjacent to residential uses on three sides.
The uses are separated by rights-of-way; therefore, there is no buffer requirement along those
property lines. Screening was previously addressed. This criterion is satisfied.
Screening of parking and loading areas is required. The specifications for this
screening are as follows:
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 planfers;
These landscape requirements were previously addressed by the prior approval. This
criterion is satisfied.
METZGER ELEMENTARY PLAYFIELDS PAGE 12 OF 19
11/8/04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
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
Landscaping interior to the site was addressed by the previous conditional use application
under these standards. This criterion is satisfied.
The minimum dimension of the landscape islands shal{ be three feet and the
landscaping shall be protected from vehicular damage by some form of wheel guard or
curb.
Landscaping interior to the site was addressed by the previous conditional use application
under these standards. This criterion is satisfied.
Screening of service facilities. Except for one-family and two-family dwellings, an�
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�ublic 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 contatned within the screened area;
Screening of refuse containers. Exce�t 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 shafl
be screened or enclosed from view by p(acement of a solid wood fence, masonry wall
or evergreen hedge. All refuse shall be contained within the screened area.
Screening interior to the site was addressed by the previous conditional use application under
these standards. This criterion is satisfied.
MIXED SOLID WASTE AND RECYCLABLES STORAGE — CHAPTER 18.755:
ap er . requires t at new construction incorpora es unctiona and adequate
space for on-site storage and efficient collection of mixed solid waste and source
separated Recyclables prior to pick-up and removal by haulers.
The applicant must choose one (1) of the following four (4) methods to demonstrate
compliance: Minimum Standard, Waste Assessment, Comprehensive Recyclin� Plan,
or Franchised Hauler Review and Sign-�ff. The applicant will have to submit evidence
or a plan, which indicates compliance with this section. Regardless of which method
chosen, the applicant will have to submit a written sign-off from the franchise hauler
regarding the facility location and compatibility.
This standard was conditioned under the previous approval. No changes to the solid waste
collection system is proposed. This standard is therefore met.
Location Standards.
To encourage its use, the storage area for source-separated recyclable shall be co-
located with the storage area for residual mixed solid waste; Indoor and outdoor
storage areas shall comply with Uniform Building and Fire Code requirements; Storage
area space requirements can be satisfied with a single location or multiple locations,
and can combine both interior and exterior locations; Exterior storage areas can be
located within interior side yard or rear yard areas. Exterior storage areas shall not be
located within a required front yard setback or in a yard adjacent to a public or private
street; Exterior storage areas shall be located in central and visible locations on a s�te
to enhance security for users; Exterior storaye areas can be located in a parking area,
if the proposed use provides at least the minimum number of parking spaces required
for the use after deducting the area used for storage. Storage areas shall be
appropriately screened according to the provisions in 18.755.050 C, design standards;
The storage area shall be access�ble for collection vehicles and located so that the
storage area will not obstruct pedestrian or vehicle traffic movement on the site or on
public streets adjacent to the site.
METZGER ELEMENTARY PLAYFIELDS PAGE 13 OF 19
11/8/04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
No change to the solid waste collection system is proposed. This standard is therefore met.
Design Standards.
The dimensions of the storage area shall accommodate containers consistent with
current methods of local collection; Storage containers shall meet Uniform Fire Code
standards and be made and covered with waterproof materials or situated in a covered
area; Exterior storage areas shall be enclosed by a sight-obscuring fence wall, or
hedge at least six feet in height. Gate openings which allow access to users and
haufers shall be provided. Gate openings for haulers shall be a minimum of 10 feet
wide and shall be capable of being secured in a closed and open position; Storage
area(s) and containers shall be clearly labeled to indicate the type of materials
accepfed.
This standard was conditioned under the previous approval. No change to the solid waste
collection system is proposed. This standard is therefore met.
OFF-STREET PARKING AND LOADING (18.765)
tA t e ime o e erection o a new structure within any zoning district, off-street
vehicle parking will be provided in accordance with Section 18.765.070.
The additional area for playfi'elds does not impact the required parking that was previously
addressed in the prior conditional use approval. Elementary schools provide parking based
on the number of classrooms, which are not affected by this proposal. Therefore, no parking
standards are applicable to this request.
SIGNS 18.780 :
equires t at a permit be issued for any sign that is erected, re-erected, constructed,
structurally altered, or relocated within the City Limits.
FINDING: The applicant has not provided the needed information to issue a sign permit
because it is not necessary to do so at this time.
CONDITION:Prior to placement of any signs on site, the applicant shall apply for a si n
permit and supply staff with the appropriate plans to verify compliance with T�C
Chapter 18.780.
TREE REMOVAL — CHAPTER 18.790:
ec ion . requires a a ree plan for the planting, removal and protection of
trees prepared by a certified arborist be provided for a conditional use apQlication.
The tree plan shall include identification of all existing trees, Identificat�on of a
program to save existing trees or mitigate tree removal over 12 inches in caliper,
identification of which trees are proposed to be removed, and a protection program
defining standards and methods that will be used by the applicant to protect frees
during and after construction.
The original approval required preservation of several trees that were located alon the
perimeter of the previous residential properties. With the ball field expansion, these�rees
would be in the way of the proposed pla�elds. The Development code requires that those
trees be preserved unless they are deemed hazardous, or unless the tree removal plan is
subsequently modified. The current proposal modifies that removal plan by proposmg to
remove all but one tree. The trees being removed have either been classified as smaller than
12" or hazardous, and thus no mitigation calculation is required. Tree protection measures
will be required during the sidewalk construction. Such measures will need to be inspected
by the City Forester prior to commencing such work.
FINDING: The applicanYs arborist proposed tree protection measures that would be
necessary during any requ�red construction activity. The remainder of the
impacted trees is not subject to mitigation.
METZGER ELEMENTARY PLAYFIELDS PAGE 74 OF 19
11/8J04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
CONDITIONS:
• The applicant shall provide the City Arborist with a construction
sequence including installation and removal of tree protection devices,
cleanng, grading, and paving.
• The applicant shall notify the City Arborist when tree protection
measures are in place so that he may verify that the measures will
function properly pnor to construction.
VISUAL CLEARANCE AREAS — CHAPTER 18.795:
ec ion . . . . s a es a e 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.
Section 18.795.030.B. states that 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, measure 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 alt branches below eight
feet are removed.
The applicant has indicated in the narrative and the site plan that a clear vision area will be
maintained. When the fence is being placed, it will need to be set back to maintain adequate
visual clearance areas. Staff will review the areas at the time of final occupancy to ensure
compliance with the standards. This criterion is satisfied.
FINDING: With the imposition of the following condition, the vision clearance standards can
be met.
CONDITION: Prior to placing the required fencing along SW Locust Street, the applicant shall
ensure that adequate sight distance and vision clearance requirements are
maintained.
STREET AND UTILITY IMPROVEMENTS STANDARDS CHAPTER- 18.810:
apter . provi es construct�on stan ar s or t e imp ementation of public and
private facilities and utilities such as streets, sewers, and drainage. The applicable
standards are addressed below:
Streets:
Improvements:
Section 18.810.030.A.1 states that streets within a development and streets adjacent
shall be improved in accordance with the TDC standards.
Section 18.810.030.A.2 states that any new street or additional street width planned as
a portion of an existing street shall be dedicated and improved in accordance with the
TDC.
Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires an arterial
street to have a 64 to 128-foot right-of-way width and varied paved section. Other
improvements required may include on-street parking, sidewalks and bikeways,
underground utilities, street lighting, storm drainage, and street trees.
This site lies adjacent to SW Locust Street, which is classified as a Major Collector on the
City of Tigard Transportation Plan Map. At present, there is approximately 30 feet of ROW
from centerline, according to the most recent tax assessor's map. The applicant should
dedicate the additional ROW to provide for 43.5 feet from centerline. The applicant shall also
dedicate additi�nal ROW to provide for the radius at the intersections of Locust with Lincoln
Avenue and 90 Avenue.
METZGER ELEMENTARY PLAYFIELDS PAGE 15 OF 19
11/8✓04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
SW Locust is currently partially improved. In order to mitigate the impact from this
development, the applicant shall construct an 8 foot sidewalk and a 5 foot planter strip. The
applicant shall also enter into a restrictive covenant for future half-street improvements.
Grades and Curves: Section 18.810.030.N states that grades shall not exceed ten
percent on arterials, 12% on collector streets, or 12% on any other street (except that
local or residential access streets may have segments with grades up to 15% for
distances of no greater than 250 feet). Centerline radii of curves shall be as determined
by the City Engineer.
No change to the street grades is proposed.
Block Designs - Section 18.810.040.A states that the length, width and shape of blocks
shall be designed with due regard to providing adequate building sites for the use
contemplated, consideration of needs for convenient access, circulation, control and
safety of street traffic and recognition of limitations and opportunities of topography.
Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks formed by streets
shall not exceed 1,800 feet measured along the right-of-way line except:
. Where street location is precluded by natural topography, wetlands or other
bodies of water or, pre-existing development or;
. For blocks adjacent to arterial streets, limited access highways, major collectors
or railroads.
. For non-residential blocks in which internal public circulation provides equivalent
access.
Section 18.810.040.B.2 also states that bicycle and pedestrian connections on public
easements or right-of-ways shall be provided when full street connection is not
possible. Spacing between connections shall be no more than 330 feet, except where
precluded by environmental or topographical constraints, existing development
patterns, or strict adherence to other standards in the code.
No new streets are proposed and the site was previously approved without bisecting streets.
This criterion is met.
Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City
design standards and be located on both sides of arterial, collector and local
residential streets.
Sidewalk improvements will be completed along Locust Avenue frontages.
Sanitary Sewers:
Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to
serve each new development and to connect developments to existing mains in
accordance with the provisions set forth in Design and Construction Standards for
Sanitary and Surface Water Management (as adopted by Clean Water Services in 1996
and including any future revisions or amendments) and the adopted policies of the
comprehensive plan.
Over-sizing:
Section 18.810.090.0 states that proposed sewer systems shall include consideration
of additional development within the area as projected by the Comprehensive Plan.
The site is already served.
Storm Drainage:
General Provisions: Section 18.810.100.A states requires developers to make
adequate provisions for storm water and flood water runofF.
No upstream drainageways affect this site.
MEIZGER ELEMENTARY PLAYFIELDS PAGE 16 OF 19
11/8J04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
Effect on Downstream Drainage:
Section 18.810.100.D states tF�at where it is anticipated by the City Engineer that the
additional runoff resulting from the development will overload an ex�sting drainage
facility, the Director and Engineer shall withhold approval of the development until
provisions have been made for improvement of the potential condition or until
provisions have been made for stora e of additional runoff caused by the development
in accordance with the Design and �onstruction Standards for Sanitary and Surface
Water Management {as adopted by Clean Water Services in 2000 and including any
future revisions or amendments).
The site slopes downward from the north to the south. The applicanYs plans in icate that
runoff will be collected in a swale and directed to the storm sewer system in 90�' Avenue.
The net result of this project is that the impervious area will be decreased. Therefore, there
will be no additional storm drainage detention requirements.
Utilities:
Section 18.810.120 states that all utility lines, but not limited to those required for
electric, communication, lighting and cable television services and related facilities
shall be placed underground, except for surface mounted transformers, surface
mounted connection boxes and meter cabinets which max be placed above �round,
temporary utility service facilities during construction, high capacity electric lines
operating at 50,000 volts or above, and:
. The developer shall make all necessary arrangements with the serving utility to
provide the underg round services;
. The City reserves the right to approve location of all surface mounted facilities;
. All underground utilities, including sanitary sewers and storm drains installed in
streets by the developer, shall be consfructed prior to the surfacing of the
streets; and
. Stubs for service connections shall be long enough to avoid disturbing the
street improvements when service connections are made.
Exception to Under-Grounding Requirement:
Section 18.810.120.0 states that a developer shall pay a fee in-lieu of under-grounding
costs when the development is proposed to take place on a street where existiny
utilities which are not underground will serve the development and the approval
authority determines that the cost and technical difficulty of under-�rounding the
utilities outweighs the benefit of under-grounding in conjunction with the
development. Tfie determination shall be on a case-by-case basis. The most common,
but not the only, such situation is a short frontage development for which under-
grounding would result in the placement of additional poles, rather than the removal of
above-ground utilities facilities. An applicant for a development which is served by
utilities which are not underground and which are located across a public right-of-way
from the applicant's property shall pay a fee in-lieu of under-grounding.
There are existing overhead utility lines along the frontages of SW Locust Street and 90�'
Avenue. However, this code provision only applies to the frontage from where utility service
is taken. The applicant took power from SW Lincoln where no overhead lines were present.
Therefore no fee is applied.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY
Public Water S stem:
e propose improvements do not include any water line work.
METZGER ELEMENTARY PLAYFIELDS PAGE 17 OF 19
11/8J04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
Storm Water Qualit :
e iy as agreed to enforce SurFace Water Management (SWM) regulations
established by Clean Water Services (CWS) Design and Construction Standards
(adopted by Resolution and Order No. 00-7) which require the construction of on-site
water quality facilities. The facilities shall be designed to remove 65 percent of the
phosphorus contained in 100 percent of the storm water runoff generated from newly
created impervious surFaces. In addition, a maintenance plan shall be submitted
indicating the frequency and method to be used in keeping the facility maintained
through the year.
Since no net, new impervious area is being created a water quality facility is not required.
Gradin and Erosion Control:
esign an onstruction Standards also regulate erosion control to reduce the
amount of sediment and other pollutants reaching the public storm and surface water
system resulting from development, construction, rading, excavatin , clearing, and
any other activity which accelerates erosion. Per �WS regulations, �he applicant is
required to submit an erosion control plan for City review and approval prior to
issuance of City permits.
The Federal Clean Water Act requires that a National Pollutant Discharge Elimination
System (NPDES) erosion control permit be issued for any development that will
disturb one or more acre of land. Since this site is over five acres, the developer will
be required to obtain an NPDES permit from the City prior to construction. This permit
will be issued along with the site and/or building permit.
A final grading plan shall be submitted showing the existing and proposed contours.
The plan shall detail the provisions for surface drainage of all lots, and show that they
will be graded to insure that surface drainage is directed to the street or a public storm
drainage system approved by the Engineering Department. For situations where the
back portions of lots drain away from a street and toward adjacent lots, appropriate
private storm drainage lines shafl be provided to sufficiently contain and convey runoff
from each lot.
Site Permit Re uired:
e app ican is required to obtain a Site Permit from the Building Division to cover all on-site
private utility installations (water, sewer, storm, etc.) and driveway construction. This permit
shall be obtained prior to approval of the final plat.
D. IMPACT STUDY:
ec ion . . e states that the applicant shall provide an impact study to
quantify the effect of development on public facilities and services. For each public
facility system and type of impact, the stud� shall propose improvements necessary to
meet City standards, and to minimize the impact of the development on the public at
large, public facilities systems, and affected private property users.
In situations where the Community Development Code requires the dedication of real
propertx interests, the applicant shall either specifically concur with a requirement for
public r�ght-of-way dedication, or provide evidence that supports that the real property
dedication is not roughly proportional to the projected impacts of the development.
The applicant has submitted an impact study addressing the required elements above. The
report substantiates that all services are capable of serving the site. The applicant has
�roposed to make the necessary improvements, and there is no applicable Transportation
mpact Fee associated with this development, because they are not increasing the number of
students that would be served by the site. Based on the conditions of approval and findings
of fact within this decision, there are no unmitigated impacts as a result of this development
to any public systems.
METZGER ELEMENTARY PLAYFIELDS PAGE 18 OF 19
11/8/04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
SECTION VII. OTHER STAFF COMMENTS
City of Tigard Arborist has reviewed this application and had no objections to it.
SECTION VIII. AGENCY COMMENTS
Clean Water Services has reviewed the proposal and notes that the design submittal shall
be in accordance with the district's design and construction standards of Resolution and
Order 04-09.
Qwest has reviewed the proposal and notes that it currently has conduit in the SW Locust
right. of way. Should that conduit need to be relocated, it will occur at the city (and/or
applicant's) expense.
Verizon has reviewed the proposal and notes that the school is located in Qwest's service
area, but that there is still a Verizon cable serving the school. However, the proposed ball
fields should have no effect on the Verizon cable.
1` �� November 5 2004
. orga racy
Associate Planner
METZGER ELEMENTARY PLAYFIELDS PAGE 19 OF 19
11/8/04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
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SITE PLAN N
METZGER ELEMENTARY SCHOOL BALL FIELDS
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Tigard-Tualatin School District 23J CUP2004-00006
Attn: Stephen Poage METZGER ELEMENTARY SCHOOL
6960 SW Sandburg Street BALL FIELDS
Tigard, OR 97223
Cornerstone Management Group, Inc.
Attn: Greg Philo
5331 SW Macadam Avenue, Suite 377
Portland, OR 97239
Ed Murphy &Associates
Attn: Ed Murphy
9875 SW Murdock Street
Tigard, OR 97224
PRE�APP.HELD BY:
CITY O IGARD PLANNING C IIStON
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� 13125 SW HALL BOULEVARD TIGARD, OR 97223-8189
503.639.4171/503.684.7297
CITY OF TIOARD
OREGON .
LAND USE PERMIT AF�PLICATION .
File# � Z., , � �,� Other Case#
Date � B t Recei"t# - -�`� � Date A lication Com lete
PE OF PERMIT YOU ARE APPLYING FOR
❑AdjustmenWariance (I or II) ❑ Minor Land Partition (II) ❑ Subdivision (II or III)
❑ Comprehensive Plan Amendment (IV) ❑ Minor Modification (I) ❑Zone Change(III) �
�[Conditional Use (I II) ❑ Planned Development(III) ❑Zone Change Annexation (IV)
❑ Historic Overlay(II or III) ❑Sensitive Lands Review(I, II or III) ❑Zone Ordinance Amendment(IV)
❑ Home Occupation (I or II) . ❑ Site Development Review(II)
❑ Miscellaneous (I)- (Lot Line AdjustmentlTemporary Use/Tree Removal/Director's Interpretation, etc.)
ress i avai a e
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'When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in
possession with written authorization from the owner or an agent of the owner. The owners must sign this application in the
s ace rovided on the back of this form or submit a written authorization with this a lication.
ease e spea ic
Q l
APPLICATfONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS
DESCRIBED IN THE "BASIC SUBMITTAL REQUIREMENTS" INFORMATION SHEET.
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THE a�rr s L c RTI TH 7: .
• If the app)ication is granted, tt�e applican�sf�aN exercise t�ie rights grantes!in accord�noe with the
terms and subject tQ a11 the condltions and limita�ons�of the approval.
� Alf the�tbove s�at�ments and the statements in the Piat pian, a�tacktm
transa►itted k�e�vwth� are tti�;and tF�e �ppticanfs so acknowled that�n a�d e�Mib��
on this application, map be revoked if it is four�d thatan�C such s��er�rertt ar�e fafseSSU�� ��Setf
• The appltcant has �ead the entir� ��_a#��
and understands the r�equiretttQrtts for approvin o�n���t�e a��'g�1e poticies and cr�iter�a,
� Y�9 pplic�tion(s}.
��KATURES UF CH qWNER OF THE SUBJECT PROPER7Y ARE aE#�!lti��p,
Owner' ture �
�
Clwner's Signature d�t�
Owner's Signature Date
�wne�r's Sfgnature Date
�wner's Stgnat�re Ddte
Applicantiq ot�� �
9 Rep�eser��ative's3ignatute date �
Appliaaht/Agent/Represent�v�'�Sigrta��fe . I3ate
, _ , �
CITY OF TIGARD
['onnnintity�L7e�r�e(opn:e�it
S(aping��etterColuniunity
LAND USE PROPOSAL DESCRIPTION
120 DAYS = 2/8/2005
FILE NO.: CONDITIONAL USE PERMIT (CUP) 2004-00006
FILE TITLE: METZGER ELEMENTARY SCHOOL BALL FIELDS
APPLICANT/ Tigard-Tualatin School District 23J APPLICANT'S Ed Murphy & Associates
OWNER: Attn: Stephen Poage REP.: Attn: Ed Murphy
6960 SW Sandburg Street 9875 SW Murdock Street
Tigard, OR 97223 Tigard, OR 97224
PROJECT Cornerstone Management Group, Inc.
MANAGER: Attn: Greg Philo
5331 SW Macadam Avenue, Suite 377
Portland, OR 97239
REQUEST: The applicant is requesting Conditional Use approval for a maJ or modification to the
newly constructed IVletzger Elementary School site to expand the school site and
include three (3) additional properties to construct ball fields J'ust no�th of the school.
The new play area will be approximately 35,284 square feet. Imp rovements to the site
and surrounding area include street trees and sidewalks along SW Locust Street, and
removal of the three existing driveways.
LOCATION: 10350 SW Lincoln Street and 9080, 9120 and 9140 SW Locust Street; WCTM
1S135AB, Tax Lots 100, 202, 203 and 204.
ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to
accommodate detached single-family homes with or without accessory residential
units at a minimum lot size of 7,500 square feet. Duplexes and attached single-famity
units are permitted conditionally. Some civic and institutional uses are also permitted
conditionally.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Cha pters 18.330, 18.390, 18.510, 18.630, 18.705,
18.725, 18.745, 18.755, 18,765, 18.780, 18.790, 18.795 and 18.810.
DECISION MAKING BODY BELOW: ❑ TYPE I ❑ TYPE II � TYPE III ❑ TYPE IV
DATE COMMENTS WERE SENT: OCTOBER 11, 2004 DATE COMMENTS ARE DUE: OCTOBER 25, 2004
�HEARINGS OFFICER (MON.) DATE OF HEARING: NOi'�MBER8, 2004 TIME: 7:00 PM
[PLANNING COMMISSION (MON.) DATE OF HEARING: TIME: 7:00 PM
[CITY COUNCIL (TUES.) DATE OF HEARING: TIME: 7:30 PM
[STAFF DECISION (TENTATIVE) DATE OF DECISION:
COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION
VICINITY MAP ❑ UTILITY PLANS � LANDSCAPE PLAN
�SITE PLAN � TREE PLAN � IMPACT STUDY
�NARRATIVE ❑ STORM H20 ANALYSIS
STAFF CONTACT: Morqan Tracv, Associate Planner (503) 639-4171, extension 2428
Aug � 27 . 2004 9 :35AM No •4628 P • 1
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TRANSMITTAL
From: GYeg Fhilo �. Fa�
❑ I�and Deliivex
Date: ���� �oy
❑ Coux'�iex
To: Mo¢.c��� 1 Ct�c,� p Mai1
Company: �'" C�c o r= �i G p z fl
Re:
Fax #: So3- s r e- i q bo No. of Pages Z
Notes:
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'I'his fax conta�s confidezxtxa�,privileged z�r�formation i,zate�ded only for tlae in,tended addressee. Do not read,copy or
disseminate it umkess you are rrk�e iuntended addressee_ If you have received this�iva error,please de�ete it from your systezn or
call us inunediat�ly at 503.295.0108,and mail the o�ginal back to
Conaezstone Maz�ageznent Group,Imc.,5331 SW Macadam Ave., Suite 377, Portland,Oregon 97239,
SUCCESSFUL TEAIVIS.SUCCESSFUL PROJECTS.
Au� � 21 . 2004 9 : 35AM No � 4628 P • 2
f ,
♦ v-�3 a:
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G O` E R S ? Q N E CORN�R$TONE MANAGEM�NT GROUP,fNC.
` '` 5331 SW PAACADAA? AVE„ SU1TF 377
PORTLA�D, QRFGO� 97239
,�,1� �'N. 503.295.0908
Fx 503 295.1896
August 27, 2U04
City o�'�'zgazd
13�25 SW Ha11 Blvd.,
Tigard, Oregon 97223\
Attn: Mozgaz�Tracy
,A,ssociate Planner
Re: Metzge�r Scb�ool CUP II,tax Iots �S 13 S,A,B00202,203 and 204
Dear Morgan,
As we have dzscussed, the School District wou�d��ike to get a grading permit for tb�e area proposed for
t�e addition�play field for Metzger School prior to the Conditional Use Pertx�xt application being
appzoved. The District understands tb�at a�ay such grading done�rior to tb;e CU� appz�oval would be at
the District's own risk. Si�ce z�o stzuctures,roads �r utilities axe pxoposed�oz tk�e pro�erty in questioz�,
re-grading the propezty a�ead of the CUF a�proval for the play fields does not�ose a significant z�s��o�
the District.
Froxn our�re-application meetiz�.g oz�,A.ugust 26, 2004, we understand that the C�ty will xssue a
Certificate of Occupaz�cy�oz'new Metzger Elementary School if t�e District subxn,its a bond or other
secuzxty�or rec�uired im�rovements umde�CUP 2003-000�3 that wi11 no longer be needed��tb;e City
ap�roves the new Conditioz�a�LJse pezz�it. This is mostly for the�encing aud�at�dscaping that would
have been constructed arouz�d the three homes adjacent to tk�e elez�ez�ta�y sck�ool on tax lots
1 S 135AB00202,203 azxd 204. We will�rovide you with an estiznate of the costs of these
izx�pz'ovemen,ts, aud a guarantee that these imp�ovements u�l�be made unless the conditions of appzoval
that wexe placed on t�Ze new elecnentary schoal aa'e zxzod�fied by t�e new Conditional Use Petxz�it.
Also, as we discussed at the pr�appa�cat�on meet�izxg, the District would like the City to b�o�d the exasting
PFI pemiit open and e�cte�.d it to cove�the improvements that will be rec�uired as paXt of the new
Conditional Use Pe�xnxt.
'�'k�at�s Mozgan.
Sincerely, �
�
Crreg Phi10 �"r�
Project Manager
Cornerstone Management Group,Inc.
SUCC�SSFUL TEAM5. SUCCESSFUL PROIECTS.
♦�♦ LD MURPHY &. ASSOCIATES
� La�zd Use Ylanning and Uet�elopment Services
August 29, 2004
Morgan Tracy,Associate Planner
Department of Community Development
City of Tigard
13125 SW Hall Blvd.
Tigard, Oregon 97223
RE: Metzger Elementary School II CUP application
Dear Mr. Morgan:
�n behalf of the Tigard-Tualatin School District, I am submitting three copies of a Conditional
Use Permit application for additional ball fields at Metzger Elementary School. Please review
this application for completeness, and let me know if you need anything else.
I am also submitting an application form, notarized affidavits of mailing and posting, and two
sets of stamped and addressed envelopes. Note that the mailing labels are for the entire area
around the Metzger Elementary School site, not just the area proposed for additional play fields.
Thanks Morgan.
Sincerely,
/
Ed Murphy,AI
cc. Greg Philo, Cornerstone Construction Management
Xavier Rueda, Selig/Lee/Rueda Architects
9H75 SW Murctoclt Sl. Tigard, Oregon g�zz4
/Phone 503. 6z4.q.6zs /Cellular So3. 3�q.o6�� /Fax So3. g68.�674
�
� IPUBLIC FACIUTY PLAN Project: .,,etzqer Elementarv
COMPLETENESS CHECKLIST Date: 10/05/04
GRADING
❑ Existin and ro osed contours shown.
❑ Are there radin im acts on ad'acent arcels?
❑ Ad'acent arcel rades shown.
❑ Geotech stud submitted?
STREETISSUES �
❑ Ri ht-of-wa clearl shown.
❑ Centerline of street s clearl shown.
❑ Street name s shown.
❑ Existin / ro osed curb or ed e of avement shown.
❑ Street rofiles shown.
❑ Future Street Plan: Must show street profiles, topo
on ad�acent arcel s , etc.
❑ Traffic Im act and/or Access Re ort
❑ Street rades com liant?
❑ Street/ROW widths dimensioned and appropriate? Dedicate ROW to provide 43.5 feet from
centerline along Locust and radius at
intersections.
❑ Private Streets? Less than 6 lots and width
a ro riate?
❑ Other: 1) Construct 8 foot wide sidewalk and 6 foot 1) Applicant has agreed to this as a �
planter strip, 2) Restrictive Covenant. condition of approval. 2)Agree to enter into
a Restricfive Covenant for future half- street
im rovements for the ultimate section.
SANITARY SEWER ISSUES
❑ Existin / ro osed lines shown.
❑ Stubs to ad'acent arcels re uired/shown?
WATER ISSUES
❑ Existin / ro osed lines w/sizes noted?
❑ Existin / ro osed fire h drants shown?
❑ Pro osed meter location and size shown?
❑ Pro osed fire rotection s stem shown?
STORM DRAINAGE AND WATER QUALITY ISSUES
❑ Existin / ro osed lines shown?
❑ Preliminary sizing calcs for water quality/detention
rovided?
❑ Water ualit /detention facilit shown on lans?
❑ Area for facilit match re uirements from calcs?
❑ Facilit shown outside an wetland buffer?
❑ Storm stubs to ad�acent arcels re uired/shown?
REVISED: 10/05/04
The submittal is hereby deemed ❑ COMPLETE � INI._ .APLETE
By: Y Date: 10/05/04
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REVISED: 10/05/04
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LAHD USE APPLICAYIOH Dateect:
COMPLETENESS REVIEW ❑ COMPLETE ❑ INCOMPLETE
ANO RD NFO ATION: � f��7
Deed/TitlelProa(O(Owne�ship Q� Heighbarhood Mtg.Affidavits, Minutes, list Of Attendees Impact Study(18390) ,�.1 S� �
USA krvice Pravider Letter �Construdion Cost Estimate `� # Sets Of Application MaterialslPlans
Pre-Applicatian Conference Notes Emelopes With Pastage (Ye�ify fount) �,dq�� r-I,a�,��S�GtiI c�FF
RO ECT STATISTICS: l�v�/G �'/�
. $uilding Footpriot Size � [`� %O([andscaping On Site [i� %Of Building Imperviaus Su�face On Site
lot Squa�e Faotage
PIANS OIMENSIONED:
�- Buildiog Footp�nt �' Parking Spaa Dimensions(t�dude Ac«ssible b 8ike Puking} �/�� iNdc Loading Space Where Appliable
�T—$uildiag Height �.— Access App�oach And Aisle �]►fJ�Yisual qearance Triangle Shown
ADDITIONAI PLANS:
[� Yianit�r�lap ��•-.�u l �LO�D �Architedural Plan � �ree Inventory
[v]� Existing Condidons Plan `� `t []� landscape Plan p
[� Site Plan �Lightiag Plan
EE GAT ON LAN: f
S�!��c��}rct3�6'�c��urh-fock�t�,,,s�7s,5�-c� �ru�C.cFto�� �rc�-n
��.+�.��1 '�iu.� Pn ra,..�
�"n
D ITIO AL EPORTS: (list any speaal reports)
F+t�7u"�5�' ❑
❑ ❑
❑ ❑
E E P ICABLE CODE E 0
. 18.330�o�� �— 18.620��a r�o�so� [^�18.]65 pa-s�r�n���.��.,
� D �
❑ 18340 to.�a�s re�ae� 18.630�rr�.�s��c��— ❑ I S.I]S���
❑ 18.3 SO p�e o��.4 Q� f 8.105µ��tic.a+�� — ❑ 18.180 ry�l
[]" 18.360�o�,dop��c�► � ❑ I 8.110��e�wrati ❑ 18.185 R��nK r�
❑ 183]0 p,�na�a,�� ❑ 18.71 S�q c�,d� Q� 18.190�r�e�r� --
❑ (8.380�t h�rt��em�a� ❑ 18.120��c�,otzq so�a�� [�18.195�r��a�����—
❑ 18385�f��:� Q�18.725���e�s�eya� .--- ❑ 18J9J�w���ry�rq o�,+�r u�e;�
di a.34o����d��saa�-- ❑ I 8.130{�,�e�:�a,�AC saAe�a:� ❑ 8.798�w.a��e�r�ae��
p ia.aio���,�.�� ❑ is.�ao,�;��� �s.aia���:�a��a���, �
❑ 18.420�e vri�? ❑ I 8.I42�o���e�:af ,
❑ 18.430�e�� Q� I 8.145�a�g s�E s�� —
d (8.S�Q(ksidmwl lo�O�oic�) � ❑ I H.�SO(FlLwfxarcdMotd Nome ktul�fiaas)
�❑ 18.520���o�a! (]� I 8_755�x�e sow w�at so���—
❑ I S.S30�a��e o�o;ar� ❑ I 8.T60�r��o��
ADDITIONQL ITEMS•
�1 e,(,�'1��c. L�P� �n �l 5 k c�� u.�� �; J���,�.��-�l, l C��=��'�:,�i�7'�_-
I:�curpin4nasterslr+evisedlland use appliqtion oompleteness�eview.dot REVISEO: 17Jao-01
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CITY OF TIGARD
OREGON
October 11, 2004
Stephen Poage
Tigard Tualatin School District 23J
6960 SW Sandburg Street
Tigard, OR 97223
RE: Completeness Review-Metzger Ball Field Expansion,
Case File No. CUP2004-00006
Dear Mr. Poage:
The City has received the information necessary to begin the review of your
Conditional Use application (CUP2004-00006). Staff has, therefore, deemed
your application submittal as complete and will begin the review process. The
estimated time for rendering a decision from the date an application is deemed
complete is 6-8 weeks. Tentatively, a public hearing with the Hearings Officer is
scheduled for November 8, 2004 at 7:00 PM.
If you have any questions regarding your application, please don't hesitate to
contact me at (503) 639-4171 ext. 2428.
Sincerely,
�
orga Tracy
Associate Planner
C: CUP2004-00006 Case File
i:\curpinlmorganlworkspacelcuplcup2004-00006 metzger ball field expansion\cup2004-00006 complete.doc
13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD (503)684-2772
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Lawyers Title .
00607280200400704150020021
' I,J�rry H�n�on,Dlnctor ol At��ummt�nd T�:�tlon
After Recording, Return t0' , andEy-ORIeloCounryCl�rkforWuhlnptonCouMy, ���`
' Or�pon,do h�r�by c�rtlTy th�t th�rAthin In�Wm�rrt of r Jr, :�
Tigard-Tualatin SCY1001 District 23J . w�ttlnQwatnulv�d�ndneord�dlnth�600kM , , ;;,
neordt M sald oounty. 1�...,yo.h �•�:� �,,
6960 SW Sandbur St. • rf"^
g J�rry R.Han�on,Dlnctor�sm�nt�nd Taxatlon,�;. ,��
Tigard, OR 97223 • ex�meiocountyci•r�
Until a change is requested, tax statements .
shall be sent to the following address: .
Same as above •
STATUTORY WARRANTY DEED .
(Individual) . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Above Space Reserved for Recorder's Use)
James M. Pense and Roxanne M. Pense
conveys and warrants to
Tigard-Tualatin School District 23J
the following described real property in the State of Oregon snd County of Washington
free of encumbrances, except as apecifically set forth hereins
Lqt 2, the West 12.5 feet of Lot 1 and the West 62.50 feet of Lot 12, Block 6, TOWN OF
METZGER, in the City of Tigard, County of washington and State of Oregon.
Tax Account Number(s) : R0271495 _
This property is free of encu:nbrancea, EXCEPT: t WASHINGTON COUN7Y
(Cont inued) REAL PROPERTY TRANSFER TAX
�� � ' ��g��� DA7E_O
�S„'••.. REE PAID
The true consideration for this conveyance is $185, 000.00
THIS INSTRUMENT WILL NOT ALLOW IISE OF THE PROPERTY DESCRIBED IN THIS INSTRIIMENT IN VIOLA-
TION OF APPLICABLL LAND USE LAWS AND REGIILATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRII-
MENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPBRTY SHOIILD CHECK WITH THE APPROPRIATE CITY
OR COUNTY PLANNING DEPARTMLNT TO VERIFY APPROVED IISES AND TO DETERMINS ANY LIMITS ON LAY�I-
SIIITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930.
DATED this IG day of June, 2004 .
� ' ' {����i,�Lr� ��� F'�iY'l�-�'.
: '-a L�FiVL�'� —
� mes M. Pense Roxanne M. Pense
STATE OF OREGON, COUNTY OF CLACKAMAS) ss.
The foregoing instrument was acknowledged before me this �� day of June, 2004, by James
M. Pense and Roxanne M. Pense . .
Notary Public for regon �.� OFFICIALSEAL
My Commission Exp /,L.o /� ����r,� GRECaORY S BRAY
C' �, NQTANY PUBLIC-OREGON
�` COMNiISSION N0.375254
Y..�+
p��(COMl�115510�1 EXAIRES JAN.2,2008
Order No. : 87g0888647w �
STATUTORY WARRANTY DEED
- ; . (Continued)
EN�UMBRANCES (Continued) Order No. : 87g0888647
1. An easement created by instrument, including the terms and provisions thereof,
Dated : August 4, 1989
Recorded : September 12, 1989
Recorder' s Fee No. : 89-43194
In favor of : The City of Portland
For : Slope and utilities
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s10.00 56,00 511.00•Tottl�5�7.00
lawyers Title :
� 00607275200400704140020021
• I,J�rty Hanwn,Dlnctor of Awatmmt�nd T�x�tlon
�nd ExARlelo County CUrN lor Wuhlnpton County, �� �
After Recording, Return t0: • pnpon,doh�nbyuRl}yth�tth�wlthlnlnttrum�ntoTr.?� ���
Tigard-Tualatin S�'1C001 District 23J , wrttlnpw�ancdv�dandntord�dlnth�bookof `�';' , .:;�;�
ncord�of�dd eounry. 1�,,,b� `ti�
6960 SW Sandbur St. , 't",�
g J�rry R.Flan�on,Dlnetor�im�nt and Tax�don, �';��
Tigard, OR 97223 . exameiocournyci.n�
Until a change is requested, tax statements .
shall be sent to the following address: .
Same as above •
STATUTORY WARRANTY DEED .
(Individual) . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Above Space Reserved for Recorder's Use)
David L. Adderly and Sharon A. Adderly
conveys and warrants to
Tigard-Tualatin School District 23J,
the following described real property in the State of Oregon and County of Washington
free of encumbrances, except as specifically set forth herein:
The East 37.5 feet of Lot 1 and the East 37.5 feet of Lot 12, Block 6, and that portion of
vacated Jackaon Street inuring thereto, TOWN OF METZGER, in the County of Washington and
State of Oregon.
Tax Account Number(s) : R0271501
This property is free of encumbrances, EXCEPT:
1. Easements for existing public utilities in vacated street area reserved by vacating
order and the conditions imposed thereby,
Recorded : January 18, 1950
Book/Volume : 302
Page : 563
(Continued)
The true consideration for this conveyance is $209, 800.00
THIS INSTRUMENT WILL NOT ALLOW USE OF THS PROPERTY DESCRIBED IN TFIIS INSTRIIMENT IN VIOLA-
TION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORB SIGNING OR ACCEPTING THIS INSTRII-
MENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOIILD CHECK WITH THE APPROPRIATE CITY
OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAW-
SIIITS AGAINST FARMING OR FOREST PRACTICES A5 DEFINED IN ORS 30.930.
D ED�this day of June, 2004 .
� dC`C�K.�
David L erly Sharon A. Adderly
STATE OF OREGON, COUNTY OF CLACKAMAS) ss.
The foregoing instrument was acknowledged before me this Lr day of June, 2004, by David
L. Adderly and Sharon A. Adderly .
OFFICIALSEAL
'��' GFiECOR`t S BRAY
Notary ublic or Oregon ��� NUTFR'Y i'UBLIC-OREGON
My Commission cpires: /•Z••d �� COMNU5510NN0.375254
h�COMMISSIUN EXPIRES JAN.2,2008
Order No. : 87g0888646w
. �TATUTORY WARRANTY DEED
, r .
(Continued)
ENCUMBRANC�'S (Continued) Order No. : 87g0888646
2. An easement created by instrument, including the terms and provisions thereof,
Recorded : September 12, 1989
Recorder's Fee No. : 89-043193
In favor of : The City of Tigard a municipal corporation and political
subdivision of the State of Oregon
For : Slope and utility purposes
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E�crow No. : 87g0888647 Seller: James M. Pense
Date: 06/22/04 Buyer: Tigard-Zlialatin School
Property Address: 9140 SW Locust St , Tigard OR 97223
Ref:
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\ LandAmerica LAWYERS TfTLE INS. CORP. WELLSFAqGOBANK,N.A. ��-24 201625
CLIENT TRUST ACCOUNT �T�D,OqEGON �2io�a�
Lawyers Title 12360 EAST BURNSIDE
PORTLAN�,OR 97233
5Q3-256-7480 �.i v'_� :i=�i� -. • „�P i(':.�V✓
TWII�'I�Y DOLI�ARS AND FIVE C�1TS _ DATE AMOUNT
PAY
June 22, 2004 $20.05
TO THE ��y
ORDER Ti gard-T1.ia 1 at in Schoo 1 & Di str i ct 23J Escaow No. „ $�908$$647 8.��..
oF 6960 SW 5andburg St '
Portland, OR 97223 _, .��
y �TWO_S�a JA�TURES REQUIRED ~
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LandAmerica
Lawyers Title Lawyers Title Insurance Corporation
4550 Kruse Way, Suite 175
Lake Oswego, Oregon 97035
(503)635-8851 Fax: 635-9187
Tue, Jun 22, 2004
Tigard-Tualatin School Distri
Attn: Stephen Paoge
6960 SW Sandburg Street
Tigard OR 97223
Esr,r�w No.: 81g0888647w
Re : PENSE/TIGARD-TUALATIN SCHOOL D
Property : 9140 SW Locust St
Tigard OR 97223
Congratulations! This transaction has been closed and you are now the
owner of a new property. Enclosed is your final Settlement (HUD-1 )
Statement, together with any funds that may be due you as shown.
Please KEEP THE FINAL CLOSING STATEMENT in a safe place. It contains
important information that may be needed for income tax preparation. The
original deed will be forwarded from the County Recorder's office, and
you will be receiving your title policy in a few weeks.
In the event you have not received the tax bill by November 1st , please
contact the Tax Collector's Office for payment information. If taxes are
included in your monthly payment, the lender may receive the tax bill.
We will be happy to provide a 20% discount on another title insurance
policy insuring this property for a refinance or sale insuring within the
next three years. Please request Lawyers Title for that transaction.
We appreciate this opportunity to �e of service. Please feel free to
contact us if we can be of any assistance for this or any future transaction.
Sincerely,
LAWYERS TITLE INSURANCE CORPORATION
Vicki Gillespie
Escrow Officer
LAWYERS TITLE INSURANCE CORPORATION
4550 Kruse Way, Suite 175
Lake Oswego, Oregon 97035
BUYERS/BORROWERS SETTLEMENT STATEMENT
Buyer/Borrower: Tigard-Tualatin School
District 23J
Seller: James M. Pense
Roxanne M. Pense
Property 9140 SW Locust St
Address : Tigard OR 97223
Order Number: 87g0888647 Settlement Date : 06/22/04
Expenses Credits
Purchase Price . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185, 000 . 00
County taxes from 06/22/04 to 07/Ol/04 . . . . . . . 45 . 11
Escrow Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 287 . 50
Washington County Transfer Tax. . . . . . . . . . . . . . . 92 . 50
Recording fee to Lawyers Title Ins . Cor 27 . 00
School funds to close
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185, 472 . 16
Sub-totals 185, 452 . 11 185, 472 . 16
Balance due to Buyer 20 . 05
Totals 185, 472 . 16 185, 472 . 16
This final Settlement Statement, which I have �prepared, is a true and
accurate account of this transaction. I have caused or will cause the
funds to be disbursed in accordance with this statement .
LAWY S TITLE INSURANCE CORPORATION
By: Date : �/ ��/�l(
Vicki Gillespie
A. SETTLEMENT STATEMENT U. S . DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT OMB No. 2502-0265
B. TYPE OF LOAN
1. O FHA 2.O FmHA 3.O CONV.UNINS. 6. File Number: 7. loan Nunber: 8. Mortgage Insurance Case Nunber:
4. O VA 5.0 CONV.INS. 87g0888647 ,
C. NOT E : This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the
settlement agent are shown. Items marked "(p.o.c2" were paid outside the closing; they are shown here
for informational r ses and are not included in the totals.
D.NAME AND ADDRESS OF BORROIJER: E. NAME AND ADDRESS OF SELLER/TAX I.D.: F. NAME AND ADDRESS OF LENDER:
Tigard-Tualatin School James M. Pense
District 23J Roxanne M. Pense
6960 SW Sandburg Street 8205 SW Oak
Tigard OR 97223 Tigard OR 97223
G.PROPERTY LOCATION: H.SETTLEMENT AGENT: I.SETTLEMENT �ATE:
9140 SW LoCUSt St LAWYERS TITLE INSURANCE CORPORATION 06/22/04
Tigar� OR 97223 PLACE OF SETTLEMEhT:
4550 Kruse Way, Suite 175
Lake Oswego, Oregon 97035
J. SLINH�lARY OF BORROWER'S 'IRPNSACTION K. S[JNl`�2Y OF SELL�R'S 'IRANSACTION
100. GROSS AMOUNT DUE FROM BORROWE�t: 400. GROSS AN�iAV'I' DTJE � SELLEFt:
101. Contract Sales Price 185, 000 .00 401. Contract Seles Price
102. Personal ro rt 402. Personal ro rt
103. Settlement char es to borrower (line 1400) 4 0 7.0 0 403.
104. 404.
105. 405.
Ad'ustments for items id b seller in advance Ad'ustments for items id b seller in advance
106. Cit /town taxes to 406. Cit /town taxes to
107. Count taxes 06/22/04 to07/O1/04 45.11 407. Count taxes to
108. Assessments to 408. Assessments to
109. 409.
110. 410.
111. 411.
112. 412.
113. 413.
114. 414.
120. C�ROSS AMOt�I'T DiJE 420. GROSS AMOLA�TT DUE
��1jV� Ap�p�,]� 18 5,4 5 2.11 __ '� SFT J FR
200. AMWNTS PAID BY OR IN BEHALF OF BORRONER: 500. REDUCTIONS IN AMWNT DUE TO SELLER: �,
!
201. De sit or earnest mone 501. Excess de sit (see instructions)
202. Princi al amount of neu loan(s) 502. Settlement char es to seller (line 1400)
203. Existin loan(s) taken sub'ect to 503. Existin loan(s) taken sub'ect to
204. 504. Pa off of 1st mt
205. School funds to close 185,472.16 505. Pa off of 2nd mt
206. 506. Pa off
Zp�, 507.
208. 508.
209. 509.
Ad'ustments for items un id b seller Ad'ustments for items un id b seller
210. Cit /town taxes to 510. Cit /town taxes to
211. Count taxes to 511. Count taxes to
212. Assessments to 512. Assessments to
z�3, 513.
214. 514.
215. 515.
216. 516.
217. 517.
Z�g, 518.
219. 519.
220. T�,L PAID BY/FbR 520. ZC7rAL REDLK.'TI�1 ANIOLIl�TT I
w�ntx�ra� 18 5.4 7 2.16 T7f iF GF'f T FR
I
L. SETTLEMENT CHARGES
700 . TOTAL SALES/BROKER' S COMMISSION PAID FROM PAID FROM
based on rice S a %= BORROWER�S SELLER'S
Division of Comnission line 700 as follows: FUNDS AT fUNDS AT
SETTLEMENT SETTLEMENT
701. S 7 to P
702. S to
703. Commission aid at Settlement
704. Referral Other fee from Cortmission S
800 . ITEMS PAYABLE IN CONNECTION WITH LOAN
801. Loan Ori ination Fee %
802. Loan Discount %
803. A raisal Fee to
804. Credit Re ort to
805. Lenders ins ection Fee
806. Mort a e Ins. A lication Fee
807. Assu tion Fee
808.
809.
810.
811.
812. Flood Certification Fee
813. Tax Service Fee
814.
815.
816.
900 . ITEMS RE UIRED BY LENDER TO BE PAID IN ADVANCE
901. Interest from to 51S da
902. Mort a e Insurance Premiun for months to
903. Hazard Insurance Premi�un for ears to
904. Flood Insurance Premium for ears to
905.
1000 . RESERVES DEPOSITED WITH LENDER
1001. Hazard Insurance months aS er month
1002. Mort a e Insurance months o1$ er month
1003. Cit ro ert taxes months aS er month
1004. Count ro ert taxes months aS er month
1005. Annual assessments months aS er month
1006. Flood insurance months aS r month
1007. months aS cer month
1008. months aS er rtronth •�
1100 . TITLE CHARGES
7101. Settlement or closin fee to
1105. Document re aration to
1107. Attorne 's fees to
includes above items numbers:
1108. Title Insurance to
includes above items numbers:
1109. lender's covera e S
1110. Owner's covera e S
1111. to
1112.
1113.
1114. Overni ht Deliver to
1115.
1116. Additional Escrow Services to
1117. Collection Setu Fee to
1118. Limited Covera e Loan Polic to
1119. Release Fee to
1120. Local Govt. Lien Search to
1200 . GOVERNMENT RECORDING AND TRANSFER CHARGES
1201. Recordin fees: Deed S :Mort a e S :Releases S
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- CITY OF TIGARD, OREG�N
APPLICATION FOR CONDITIONAL USE PERMIT
METZGEI�
L L EMENTAR Y
. SCHD �L
.BALL �'IELDS
PREPARED FOR :
TIGARD -TUALATIN SCH �JOL DISTRICT
PREPARED BY :
Cornerstone Constructi � n
Managemen � Inc .
Au�usr 3 i, 2004
b. :r Elementary School CUP fi
• ' ' •
Project Name: Metzger Elementary School Ball Fields
Property Description: 1S135AB00202, 203 and 204
Location: South of Locust Street, between SW Lincoln Avenue
and SW 90`�Avenue
Parcel size: 0.81 acres
Zoning: R-4.5
Applicant: Tigard-Tualatin School District 23J
6960 SW Sandburg Street
Tigard, Oregon 97223
Attention: Stephen Poage
Telephone 503-431-4003
Fax: 503-431-4047
Property Owner: Same
Applicants Representatives:
Project Manager
Greg Philo, Project Manager
Cornerstone Construction Management Inc.
5331 SW Macadam Avenue, Suite 377
Portland, Oregon 97239
Telephone 503-295-0108
Fax 503-295-1896
Architect
Xavier Rueda
Selig/Lee/Rueda Architects
213 SW Ash St., Suite 201
Portland, Oregon 97204
Phone: (503) 224-0173
Fax: (503) 224-4836
Civil Engineer
Rob Henry
HBH Consulting Engineers
11535 SW Durham Road, Suite c6
Tigard, Oregon 97224
Phone: (503) 670-0499
Fax: (503) 670-0540
edmurphy&associates/ttsd/metzge�IUcupapp/8/31/04 1
Metzger Elementary School CUP II
Landscape Design
Harold Beighley
Beighley &Associates
12840 NW Comell Road
Portiand, Oregon 97229
Telephone 503-643-4796
Fax 503-643-4798
Arborist
David Halstead
Halstead's Arborlculture Consultants, Inc.
P.O. Box 1182
Tualatin, Oregon 97062
Telephone 503-245-1383
Fax 503-295-1896
. Land Use Planner
Ed Murphy
Ed Murphy &Associates
9875 SW Murdock St.
Tigard, Oregon 97224
Telephone 503-624-4625
Fax 503-968-1674
2 edmurphy&associates/ttsd/melzgerll/cupapp/8/31/04
A. r Elementary School CUP II
. �
♦ The Tigard-Tualatin School District plans to construct ball fields just north of the new
elementary school. Since the conditional use permit for the Metrger Elementary School
was approved in May 2003, the District has acquired the three properties along SW
Locust Street adjacent to the school campus. The District plans to remove the three
existing houses and re-grade the site to create additional outdoor play area. A
Conditional Use Permit is required.
♦ No new accesses to SW Locust Street, SW Lincoln Avenue or SW 90�' Avenue are
being proposed. In fact, the three existing driveways onto SW Locust Street will be
removed.
♦ The District plans to improve SW Locust Street with an 8-foot wide sidewalk and 5-foot
wide landscape strip with street trees.
♦ There will be virtually no impact to the sewer, water, roads and storm water systems.
The number of students and staff wilt remain the same. The amount of total impervious
surface will be reduced once the three homes and driveways are removed.
♦ There will be an Impact on the existing trees. One tree that the District intended to
preserve will have to be removed, but no mitigation is required. The other trees that will
be removed are smaller than 12" in diameter, or are hazardous and not preservable.
edmurphy&associates/nsd/mefzgerll/cupapp/8/31/04 3
4�:.�.
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Metzger Elementary Schoo!CUP II
This page intentionally left blank
4 edmurphy&assocrates/ttsd/metzgerll/cupapp/8/3!/04
b �r Elementary School CUP!I
: � ' • � � ' ' •
Hisfory: The three properties combined are less than one acre in size. They have
frontage only on SW Locust Street. (Please refer to the Tax Assessor's map, Exhibit `A').
The terrain is almost flat in the area where the new ball fields are proposed. There were
three homes on these parcels, but all three have now been removed. At the time the District
applied for the Conditional Use Permit for the new elementary school in February 2003, the
District did not own these parcels, and therefore did not include this area in that application.
(See Exhibit 'B', Metrger Elementary School Replacement Site Plan.)
Adjacent uses. The site is zoned R-4.5, as is the surrounding neighborhood to the north
and east. (Please refer to Zoning Map, Exhibit 'C'). The property is bordered by school
district property on the south, east and west sides. The area across SW Locust Street is
developed as residential and a church, and is outside the City limits. (See Aerial Photo, `D').
SW Lincoln Avenue cuRently dead-ends at the southwest comer of the school property, but
it is shown in the City's Transportation System Plan as extending through to SW Oak Street.
Description of Proposal. The new play area will be approximately 35,284 square feet.
Improvements to the site and surrounding area include:
♦ Street trees will be planted along SW Locust Street.
♦ Sidewalks will be constructed along SW Locust Street.
♦ The three existing driveways will be removed.
♦ The property will be re-graded for ball fields.
(Please refer to Exhibit 'E', Sheet 1.1 - Site Development Plan and Sheet 1/1 - Rough
Grading and Drainage Plan.
There are no sensitive lands that will be impacted by the proposed use, i.e. wetlands, steep
slopes, floodplains, or wildlife habitats. Please see Service Provider letter from the Clean
Water Services Agency, Exhibit 'F'.
Chapter 18.390.040.6.2.e Impact Analysis: This section requires an impact study as part
of the Type II procedure.
No improvements to the drainage, parks, water, and sewer systems are necessary to meet
City standards or to minimize the impact of the development on the public at large, public
facilities systems, and affected private property users. The District plans on improving SW
Locust Street, adding sidewalks and street trees as necessary to bring this street up to
cuRent city standards. Street lighting is already in place.
Following are comments regarding the impact of the proposed development on public
facil�ies and services.
Transportation �vstem: The traffic impact is minimal because access to the new school will
not change, nor will the number of students and teachers be increased.
There are no significant impacts to the transportation system as a result of this proposed site
development. No improvements to the transportation system, other than completing
improvements to SW Locust Street, is necessary to meet City standards or to minimize the
edmurphy8cassocrates/nsd/me�zgerlUcupapp/8/31/04 5
Metzger Elementary Schoal CUP 11
impact of the development on the public at large, public facilities systems, and affected
private property users.
Drainape Svstem: The property slopes generally from the north to the south, and slightly to
the east. Run-off will be directed into the storm water pipe on SW 90"' Avenue. The storm
water then crosses SW Oak Street, and flows south into a wetland area. The District has
already upgraded a portion of the existing storm water pipe in SW 90"'Avenue, replacing the
8" line with a 12" line.
Parks Svstem: No impact to the park system will occur as a result of this proposed site
development, other than the positive impact of having more sports fields available in the
community.
Water Svstem: No impact to the water system will occur as a result of this proposed site
development. There are water lines in SW 90"'Avenue and SW Lincoln Avenue.
Sewer Svstem: No impact to the sewer system will occu� as a result of this proposed site
development.
Noise impacts: Most activities during regular school hours will take place indoors. During
recess, the children will use the playground on the east side of the school, as well as the ball
fields at the north end of the property. During the evenings, when the neighbors are more
likely to be home, the school will generally be closed. On weekends, the play fields will
sometimes be used for sports events. The only nearby homes are across SW Locust Street
and across SW 90"'Avenue. The noise impact on the neighbors will be minimal.
The noise levels from the school building and grounds will be well within the City's noise
standards. Further, the City's noise ordinance, Title 7, Section 7.40.180, specifically makes
an exception for noise coming from normal school activities. It states the following in
Section 7.40.180 "Exceptions":
The following shall not be considered violations of this article, even if the sound limit
specified in Section 7.40.160 is exceeded:
A. Non-amplified sounds created by organized athletic or other group activities, when
such activities are conducted on property generally used for such purposes, such as
stadiums, pazks, schools, and athletic fields, during normal hours for such events.
LiQhting The District does not intend to install any lighting of the fields.
Police, Fire and other Emerqencv Services: No impact to police, fire or other emergency
services will occur as a result of this proposed site development. The property will be
fenced with a 6-foot high chain link fence to prevent kids and balls from going onto SW
Locust Street.
() edmurphy&associates/ttsd/�netzgerll/cupay�p/8/31/04
,C�J � � 1 ���J �� " � 1, er Elementary School CUP II
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Chapter 18.330 of the Tigard Development Code contains the standards and procedures
under which a conditional use may be permitted. Section 18.330j.030 contains the approval
standards, which are as follows:
18.330.030 Approval Standards and Conditions of Approval
A. Approval Standazds. The Hearings Officer shall approve, approve with conditions, or
deny an application for a conditional use or to enlarge or alter a conditional use based on
findings of fact with respect to each of the following criteria:
♦ The site size and dimensions provide adequate area for the needs of the proposed use;
♦ The impacts of the proposed use of the site can be accommodated considering size,
shape, location, topography,and natural features;
♦ All required public facilities have adequate capacity to serve the proposal;
♦ T'he applicable requirements of the zoning district are met except as modified by this
chapter;
♦ The applicable requirements of 18.330.050; and
♦ The supplementary requirements set forth in other chapters of this code including but
not limited to Chapter 18.780, Signs, and Chapter 18.360, Site Development Review,
if applicable, are met.
Section 18.330.050 contains additional development standards applicable to schools, which
are as follows:
18.330.050 Additional Development Standards for Conditional Use Types
B. Additional development standards. The additional dimensional requirements and
approval standards for conditional use are as follows
8. Schools:
a. There shall be no minimum lot size requirements for schools other than what is
required for the applicable zoning district;
b. Setbacks:
(1) The front yard setback shall be a minimum of 30 feet;
(2) On corner lots and through lots,the setback sha11 be a minimum of 20 feet
on any side facing a street, plus meet visual clearance azeas, Chapter
18.795;
(3) The side yard setback shall be a minimum of 20 feet; and
� (4) The rear yard setback shall be a minimum of 30 feet.
The school is also subject to the recently adopted Washington Square Regional Center
Design Standards, Chapter 18.630.
RESPONSE TO CRITERIA
1. The site size and dimensions provide adequate area for the needs of the proposed
use;
edmurphy&assocrates/ttsd/metzgerll/cupapp/8/31/04 '�
Metzger Elementary School CUP 11
The site is approximately 34,848 square feet in size. As can be seen on the site plan, the
size is adequate for the intended purpose.
2. The impacts of the proposed use of the site can be accommodated considering size,
shape, locaHon,topography,and natural features.
There a�e no significant additional impacts to the public facilities and transportation systems.
In fact, the impact on storm water run-off will be positive because the amount of impervious
surface will be decreased. The traffic impact will be also be positive, since the three existing
homes, along with the driveways serving those homes, will be removed.
The District is not proposing lighting the play field, so there will not be an impact from
lighting.
3. All required public facilities have adequate capacity to serve the proposal.
No public facilities are needed to serve the play field. Other semi-public facilities and
services, including electrical, natural gas, cable, and garbage disposal are available to the
site, but not needed for the play field.
4. T6e appGcable requirements of the zoning district are met ezcept as modified by
this chapter.
The property is zoned R-4.5. The proposed elementary school is in compliance with all of
the applicable requirements of R-4 zone. Following is a summary of how the proposed
school and site comply with the zoning district regulations.
Minimum lot size. The requirement is 7000 sq. ft. per unit. There is no minimum lot size
requirement for schools.
Average lot width. None required.
Minimum building setbacks. The setback requirements ordinarily applicable in the R-4.5
zone are superceded by Section 18.330.050 of the Development Code. The District is not
proposing any new buildings on this site.
Maximum Building Height Thirty feet is the maximum allowable building height
established in Section 18.510.050, Table 18.510.2 of the Development Code. The District is
not proposing any new buildings on this site.
Maximum percentage of lot coverage. There is no maximum lot coverage limit. The
percentage of lot coverage for the Metzger Elementary School was already about 40%
before adding this additional 34,848 square feet of open area.
Streets. SW Locust Street is a collector street, and is already fully improved. The proposed
site plan (Exhibit 'E', Sheet 1.1) show the driveways being filled in with matching sidewalk
sections, and street trees planted behind the sidewalk. However, because the school is
within the Washington Square Regional Plan area, the City staff stated at the pre-application
conference that the District would have to improve SW Locust Street with a 14-foot wide,
combination sidewalk/landscape planter strip. The District therefore now proposes replacing
the existing sidewalk with an 8-foot wide sidewalk, separated from the curb by a 6-foot wide
planter strip.
g edmurphy&associates/ttsd/metzgerlUcupapp/8/31/04
�i :r Elementary School CUP II
Pedestrian and handicapped accessibility. Pedestrians will be able to access the play
field from either SW 90�' Avenue or SW Lincoln Avenue, and the pathway to the play field
will meet ADA standards.
Handicapped parking. No additional handicapped parking is required.
Bicycle parking. No additional bicycle parking is required.
Utitities. All utilities will meet City standards. Any on-site utilities will be undergrounded.
Parking lot landscaping. No new parking areas are proposed.
Parking lot lighting. No new parking areas are proposed.
Minimum percentage of site landscaping. No minimum percentage of landscaping is
required, but about 60% of the Metzger Elementary School site is already in landscaping,
play fietds, and landscaped areas, even before adding this additional 34,848 square feet of
play field area.
Buffering and Screening. Buffering and screening is not required in this case. The
screening that was proposed around the three homes on this site in the Metzger Elementary
School application is no longer necessary, as the homes will be removed. (See Exhibit `G',
Landscape Plan submitted with the Metzger Elementary School CUP application).
5. The applicable requirements of 18.330.050.
The District is not proposing a new building on this site, and no setbacks are required for a
play field.
6. The supplementary requirements set forth in other chapters of this code
including but not limited to Chapter 18.780, Signs, and Chapter 18.360, Site
Development Review,if applicable, are met.
The following information addresses the other chapters of the Code.
Chapter 18.360 Site Development Review. This proposed use is not subject to the Site
Development Review Chapter of the Development Code (hereinafter °Code"). Section
18.360.020.A.5, under "applicability and exemptions", says site development review shall
not apply to "any proposed development which has a valid conditional use approved through
the conditional use permit application process". However, many of the submission
requirements and development standards applicable to a Conditional Use Permit application
are the same as for a Site Development Review application.
Chapter 18.630 Washington Square Regional Center Design Standards
Most of the standards set by this Chapter do not apply to the proposed school play field.
Section 18.630.090 Landscaping and Screening, applies because SW Locust Street is a
collector street.
The following describes how the proposed development complies with the applicable
sections of this Chapter.
edmurphy&associates/ttsdlmetzgerll/cupapp/8/31/04 9
Metzger Elementary School CUP II
18.630.040 Street Connectivity
B. Demonstration of standazds. All development must demonstrate how one of the following
standard options will be met. 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. Loca1 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 than 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 entrance to a
collector or greater facility is no more than one and one-half the straight-line distance.
The site is approximately 250 feet of frontage on SW Locust Street. The entire site has
approximately 440 feet of frontage on SW Locust Street. No formal pedestrian path is being
proposed across the site, as there are sidewalks along SW 90"' Avenue and SW Lincoln
Avenue that provide adequate pedestrian access to the school. However, there will be
direct pedestrian access to the play field provided by a pedestriaNbicycle opening in the
, fence along the SW Locust Street frontage.
��,�.i r
�'r �i� 1�.630.050, Subsection 3, Front yard setback design. This standard is not applicable.
���}A .J.
�� 18.630.050, Subsection 4, Walkway connection to building entrances. This standard is
� not applicable.
� � .
�"'�S�� 18.630.050, Subsection 5, Parking location and landscape design. This standard is not
�.�� �,�r applicable.
����
18.630.090 Landscaping and Screening.
The following section applies to the proposed elementary school.
A. Applicable levels. Two levels of landscaping and screening standazds are applicable.
The locations where 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 rrLnimum
requirements. Higher standards may be substituted as long as all height limitations are met.
1. L-1 Low Screen. This standard is not applicable.
2. L-2 General Landscaping. For general landscaping of landscaped and screened areas
within pazking lots, and along local collectors and local streets, planting standazds of Chapter
18.745, Landscaping and Screening shall apply. In addition, trees sha11 be provided at a
1� edmurphy&msociates/ttsd/metzgerlUcupapp/8/31/04
t, zr Elementary School CUP II
minimum 2-1/2-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.
The District will meet the L-2 landscaping standard (Section 18.630.080) along the north
side of the school site where the play field abuts SW Locust Street. That is, trees within the
planter strip will be planted at 2-1/2 inch caliper, at a maximum of 28 feet on center.
Chapter 18.705 Access, Egress and Circulation. This section is not applicable.
Chapter 18.710 Accessory Residential Units. The Chapter is not applicable.
Chapter 18.715 Density Computations. The Chapter is not applicable.
Chapter 18.720 Design Compatibility Standards. The Chapter is not applicable.
Chapter 18.725 Environmental Performance Standards. This Chapter applies the
federal and state environmental laws, rules and regulations to development within the City of
Tigard.
♦ Noise. As noted previously in this application, the City's noise ordinance makes an
exception to the noise regulations for schools, in Section 7.40.180.
♦ Visible emissions. This applies only to areas zoned commercial or industrial, and is
not applicable to schools.
♦ Vibration. There will not be any vibrations emanating from the school property that will
be discernible without instruments at the property line.
♦ Odors. There should not be any odorous gases or other matter generated from the
school property in such quantities as to be readily detectable at any point beyond the
property line.
♦ Glare and heat. The will be no direct or sky-reflected glare visible at the property line,
or any emission or transmission of heat or heated air which is discernible at the property
line.
♦ Insects and rodents. There will not be any materials stored on this site that might
attract insects and rodents.
Chapter 18.730 Exceptions to Development Standards. This Chapter is not applicable.
Chapter 18.740 Historic Overlay. This Chapter is not applicable.
Chapter 18.742 Home Occupations. This Chapter is not applicable.
Chapter 18.T45 Landscaping and Screening. Even though Site Development Revision
provisions do not apply because this application is for a Conditional Use permit rather than a
Site Development Review, the standards of this Section provide guidelines to mitigate any
impacts on the neighboring property owners.
Bufferin4 and screeninp. The buffering and screening matrix (Table 18.745.1) does not
show a requirement for buffering and screening between existing detached single-family
units and institutional uses such as schools. Further, all single-family houses are across
streets from the site. Therefore, no buffering or screening is required.
edmurphy&assocrates/ttsd/metzgeril/cupapp/8/31/04 1 1
Metzger Elementary School CUP II
Street Trees.
The school property has frontage on a public street. The site plan proposes street trees on
SW Locust Street.
Screenina.
This standard applies to screening and landscaping of parking lots and loading areas, and is
not applicable to play fields.
Erosion Control Measures
An erosion control plan will be submitted by the civil engineer. During landscape
construction, erosion control measures will be implemented to prevent degradation of the
site and contain landscape materials on site.
Chapter 18.750 Manufactured/Mobile Home Regulations. This Chapter is not applicable.
Chapter 18.755 Mixed Solid Waste and Recyclable Storage. This Chapter is not
applicable.
Chapter 18.760 Nonconforming Situations. This Chapter is not applicable.
Chapter 18.765 Off-Street Parking and Loading Requirements. This Chapter is not
applicable.
Chapter 18.775 Sensitive Lands. There are no sensitive lands affected by this proposal.
Chapter 18.180 Signs. The District is not proposing any new signs at this time.
Chapter 18.785 Temporary uses. This Chapter is not applicable.
Chapter 18.790 Tree removal. There are four existing trees over 6° in caliper on the site,
which are shown on the Tree Inventory map, Exhibit `H'. All four of these trees are
hazardous and need to be removed. Since there are no preservable trees over 12" in caliper
being removed, no mitigation is required. Please refer to Exhibit 'I', Tree Assessment
Report.
One tree slated to be preserved in the Metzger Elementary School CUP application (CUP
2003-00003)will need to be removed. Tree#253 will need to be removed due to its location
within the proposed play field. No mitigation is required. Please see Exhibit `J', letter from
David Halstead.
Chapter 18.795 Visual Clearance Areas. This Chapter is not applicable.
Chapter 18.797 Water Resources (WR) Overlay District. This Chapter is not applicable.
Chapter 18.798 Wireless Communication Facilities. This Chapter is not applicable.
Chapter 18.810 Street and Utility Improvement Standards.
The site plan shows SW Locust Street improved to City standards. The improvements to
SW Locust Street will bring it up to current City standards, including separated sidewalks
with street trees in a planter strip. The site plan does not show an 8' sidewalk with a 6'-wide
planter strip, but that can be made a condition of approval.
12 edmnrphy&associates/ttsd/metzgerlUcupqpp/8/31/04
A. �r Elementary Schoo!CUP 11
• �
The addition of another play field for Metzger Elementary School provides a substantiai
benefit to the neighborhood and the entire city.
The proposed new play field meets the criteria for a Conditional Use Permit, and complies
with all of the applicable development standards.
edmurphy&assocrate�/ttsd/metzgerll/cupapp/8/31/04 13
"r�<
.�.`•.�"�w. ..,. __. ..�. �
Metzger Elementary School CUP!I
This page intentionally!eft blank
14 edmurphy&assocrntes/ttsd/mengerll/cupapp/8/31/04
, ♦�♦ LD MURPHY �t ASSOCIATES
♦ Land Use Planning arcd Devefopment Services
��C�
;�F ��ED
September 17, 2004 P
y, �ry 1 � Z��4
Kim McMilian
� �T�
Engineering Department
�
City of Tigard
13125 SW Hall Blvd.
Tigard, Oregon 97223
RE: Metzger Elementary School II CUP application - Improvements to Locust
Avenue
Dear Ms. McMillan:
While preparing the plans for the ball fields at Metzger Elementary School, we
noticed the handwritten notes in the engineering section of the pre-application
conference meeting that we ciid not realize were there. On page 1 of 6, under
"Right-of-way dedication", the notes indicate that the City wants a dedication of
right-of-way 43.5 feet (rather than 29 feet) from centerline. Under the "Street
improvements" section, the notes indicate that the City wants 29.5 feet (rather
than 17 feet),. of pavement from centerline with a 14-foot wide combination
concrete sidewalk and planter strip (rather than a 6-foot wide concrete sidewalk
with planter strip). It is not clear whether the City meant these comments to apply
just to the 250 feet of frontage of the three tax lots that are the subject to this CUP
application, or along the entire 450 feet of frontage between SW Lincoln Avenue
and SW 90th Avenue.
At the pre-application conference, the three of us who were there (Xaivier Rueda,
Greg Philo and mysel� clearly remember the discussion about a 14-foot wide
combination sidewalk/planter strip, but none of us remember any mention at all of
dedicating 43.5 feet of right-of-way from centerline and paving 29.5 feet from
centerline.
If Locust is widened to 29.5 feet from centerline, it will mean relocation of a fire
hydrant, a fiber optic pedestal, an electric vault, an electric pedestal for the street
lights, three street lights, the cable vault, the phone pedestal, the telecom pedestal,
a catch basin and associated piping, and the sidewalk either routed around the
existing required tree or the tree removed to construct a straight sidewalk.
In our letter requesting a pre-application meeting, dated July 30, I stated the
following: "We assume that SW Locust Street will need to be improved along the
frontage of these parcels 18 feet from centerline to curb, with a 6'-wide concrete
sidewalk and street trees." We did not hear any disagreement with that
assumption in the pre-application meeting.
g875 SW Murdock St. Tigard, Oregon 97zz4
/Phone 503. 6z4.46a5 /Cellular so3. 3�4.0677 /Fax 503. g68.�674
,Metzger'Elementary CUP 11
In our application, we made statements such as the following:
♦ SW Locust Street is a collector street, and is already fully improved. The
proposed site plan (Exhibit 'E', Sheet 1.1) show the driveways being filled in
with matching sidewalk sections, and street trees planted behind the sidewalk.
However, because the school is within the Washington Square Regional Plan
area, the City staff stated at the pre-application conference that the District
would have to improve SW Locust Street with a 14-foot wide, combination
sidewalk/landscape planter strip. The District therefore now proposes replacing
the existing sidewalk with an 8-foot wide sidewalk, separated from the curb by a
6-foot wide planter strip.
„
♦ "The site plan shows SW t Street Swill ebri gp t up to�current tC'tyastandards,
improvements to SW Locus
including separated side Waakk W th a 6e wide pla ter str p ebut that can be made
d o e s n o t s h o w a n 8' s i d e
a condition of approval."
We assumed certain requirements to SW Locust Street based upon the
requirements on the original Metzger Elementary School Conditional Use Permit
application (CUP 2003-0003). These included the following condition:
Condition #17. The applicant's construction plans shall include the reconstruction of the curb
returns and wheelchair ramps at the vements havecal eady been� comp e ed�by the
Avenue/Locust Street. (These impro
way).
Further, on page 25 of the staff report for the Metzger CUP, dated 4/28/04, staff
made the following statement:
"The school site also has partial frontage along Locust Street, a two-lane collector with bike
lanes west of Lincoln Avenue. This roadway is presently fully improved along the frontage,
except for street trees and the curb returns. This project will need to include the planting of
street trees and the construction of the curb returns at both 90�' Avenue and Lincoln Avenue to
meet current City standards."
This statement is consistent with the comments made in the engineering section of
the pre-application notes for Metzger CUP, dated 1/07/03, where Brian Rager
indicated on page 2 that partial improvements to Locust Street were required,
including at least 18 feet of pavement from centerline to curb, and a 6-foot
concrete sidewalk.
Finally, we note that the developers of the recently constructed office building at
the corner of SW Locust and SW Hall Blvd. were only required to construct a curb-
tight sidewalk...no planter strip, no wide sidewalks, no street improvements. We
also note that SW Locust Street is already fully improved to the west all the way to
SW Greenburg Avenue on both sides of the street, and east all the way to Hall Blvd.
on the south side of the stren al n w hene ti e front ge fromr SW L ncoln Avenute or
of the three tax lots, or eve g
Page 2
edmurphy&associates�ttsd/metzgerll/kimlet/9/17/04
�Lfetzg�r Elementary CUP 11
SW 90"' Avenue, would not match any of the existing, or foreseeable future, street
sections between SW Greenburg Avenue and SW Hall Blvd.
The pfans we submitted with our application only showed filling in the driveways
and matching the existing sidewalk. As we stated in our application, the School
District is prepared to remove all of the existing sidewalk sections and construct a
new 8-foot wide sidewalk and a 6-foot wide planter strip all along the school's
frontage on SW Locust Street from SW 90th Avenue to SW Lincoln Avenue. They
are willing to do this even though the frontage of the three lots which are the
subject of this application represent only about 60% of that frontage. Because of
the cost and impact, however, the District is very concerned about a possible
condition of approval requiring dedication of additional right-of-way (to 43.5 feet
from centerline) and widening of Locust Street to 29.5 feet from centerline. It is
difficult to grasp how the removal of three homes and their driveways - a reduction
in trips generated by 30 trips per day, and a reduction in the number of driveways
with direct access onto a collector street - could trigger a requirement for such
street improvements.
We would like to have a conversation with you as soon as possible to discuss this
potential condition of approval. I will call you to schedule a time to meet.
Thanks Kim.
Sinc nel ,
��
Ed urphy, AI� P
cc. Morgan Tracy, Associate Planner, City of Tigard
Greg Philo, Project Manager, Cornerstone Construction Management
Xaivier Rueda, Selig/Lee/Rueda Architects
edmurphy&associates/ttsd/metzgerll/krrnlet/9/17/04 Page 3
1� zr Elementary School CUP II
.
Exhibit `A' Tax assessor's map showing the location and dimensions of the tax lots
Exhibit `B' Metzger Elementary School Replacement Site Plan
Exhibit `C' Zoning Map
Exhibit `D' Aerial Photograph
Exhibit `E' Site Plan, including:
1.1 - Site Development Plan - by SLX Architects
1/1 - Ballfields Rough Grading and Drainage- by HBH Engineers
Exhibit 'F' Service Provider Letter from Clean Water Services
Exhibit 'G' Landscape Plan from Metzger Elementary School CUP application
Exhibit 'H' Tree Inventory map
Exhibit `I' Tree Assessment Report, Halstead's Arboriculture Consultants, Inc.
Exhibit 'J' Letter from David Halstead regarding Tree 253
Exhibit `K' Neighborhood meeting documentation
edmurphy&associates/nsd/mengerll/cupapP/8/31/04 15
Metzger Elementary School CUP II
This page intentionally!eft blank
16 edmurphy&associates/ttsd/metzgerlUcupapp/8/31/04
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FAX TRANSMITTAL MEMO
TO: CLEAN WATER SERVICES �SQ'
ATTN: CHUCK BUCKALLEW °� °�lU� �S�
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.k,n`�
FAx#: 503-681-4439 W°'`
DATE: AUGUST 27, 2004
RE: SERVICE PROVIDER LETTER
MESSAGE: Hi Chuck. I need a service provider letter for n site that the
Tigard-Tualatin School District is turning into a bnll field. The tnx lat numbers are
15135AB00202, 203 and 204. The site is south of SW Locust Street, between 5 W
Lincoln Avenue and SW 90th Avenue in Tignrd. This site is just to the north of the
new Metzger Elementary School. . A copy of a service letter from for that property,
dated 2/06/03, is attached. Also attached is n tax lot mup,nnd n drawing of the
proposed improvements.
The three homes on these three tax lots nre being removed, along with their
driveways. The nrea will be converted into an expansion of the outdoor play fields
fo� Metzger Elementary. There are no existing wetlands or other environmentally
sensitive areas on the site.
You cnn fax me a service provider letter to the fnx number below, or call me
if you have any questions. My cell phone number is 503-314-Ob77.
Thanks Chuck.
■Phone 503. 624-4625 ■Fax 503.968.Y674 ■ejmurphy@aol.com
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Exhibit `I'
HALSTEAD'S
A R BO R I C U LTU R E ��Specialists in the care and
preservation of trees"
CONSULTANTS, INC.
�` David Halstead,Consultant,B.S.
Phillip Whitcomb,Consultant
� P.O.Box 1182•Tualatin,OR 97062
� (503)245-1383
July 14, 2004
�� ATTN.: Mr. Greg Philco
� Comer Stone Construction Management, Inc.
5410 SW Macadam #250
Portland, OR 97201
�
� Ph 503.317.3295
FX 503.295.4585
Reference: Tree Assessment for Proposed Development
Location: Metzger School, 9080.9140 Locust Street
� Tigard, Oregon
� ' ' Subject: Tree Survey/Mitigation Report
With your approval, I have inspected the site, site plan and the trees for the
proposed project located at 9080, 9100 9140, Locust Street, Tigard, Oregon. The
� purpose of this inspection was to identify and evaluate the preservation potential
of all trees twelve inches in trunk diameter(measured at four feet above ground}
'' � and larger under the forthcoming construction in accordance with the City of
., Tigard's Tree Ordinance Chapter 18.150.
� ' I have tagged and numbered all trees, both in the field and in this report that will
be affected by construction development using JK96961 through JK96970 series
tags for easy identification. For this report, only the last three digits will be used.
� The first numbered tree starts on the southeast comer of Lot 9080 and Zig Zags
� towards the west.
� TREE ASSESSMENT
� There are a total of ten {10) trees located within the project boundaries. Six(6) of
these trees are under are less than twelve ir�ches in trunk diameter measured at
four feet above ground and are not required to be part of the City of Tigard.'s
NTree Mitigation Identification Program." (See individual tree work sheets}.
This leaves a residual of four(4) trees within proposed hardscape boundaries
that are twelve inches in trunk diameter and larger that are required to be part of
the City of Tigard's "Tree Mitigation/ldentification Program".
1
I
cmail: hac�spiritone.com
rww.halsteadsarboriculture.com
ccsa oosssas
Page 2
Reference: Tree Assessment for Proposed Development
Location: Metzger School, 9080-9140 Locust Street
Tigard, Oregon
Subject: Tree Survey/Mitigation Report
TREE ASSESSMENT CONTINUED:
These four(4) remaining trees that are over twelve inches in trunk diameter
measured at four feet above ground are hazardous and need to be removed.
This leaves zero (0) preservable trees within the proposed site.
Hazardous trees are as follows:
Due to this area being used as a school grounds immense care was taken in
establishing the safety of the trees.
Hazardous tree within the aroposed site over 12° in diameter at 4.5 feet above
ground are numbered:
Tree#: 961, 964, 965 and 967.
Trees that will be areserved are as follows:
There are no preservable tree within the proposed hardscape over 12" in
diameter at 4.5 feet above ground.
Preservable Vee boarding the east proposed site that are over and less than
12" in diameter at 4.5 feet above ground will �equire a "Tree Care and
Preservation Program".
Amount of Preservable Trees Retained = 100% (4/5`100)
"Retained percentage of 75% or greater of existing trees over 12 inches in caliper
requires no mitigation" according to City Ordinance 18.150.025—2b.
Tree Care and Preservation Guidelines:
Before construction begins, the east neighboring trees root zones will need to
be protected by the installation of orange colored Tree Protection Fencing out to
the canopy dripline of preserved tree including the west.
Page 3
Jufy 14, 2004
Reference: Tree Assessment for Proposed Development
Location: Metrger School, 9080-9140 Locust Street
Tigard, Oregon
. Subject: Tree Survey/Mitigation Repo�t
Tree Care and Preservation Guidelines:
Before construction begins, preserved tree root zones will need to be protected
by the installation of orange colored Tree Protection Fencing out to the canopy
dripline of preserved tree including the west neighboring trees.
Fencing needs to be attached to 7-foot tall steel fence posts placed eight feet
apart on center forming a protective line around the preserved trees and fence
posts need to be securely anchored in the soil to a depth of two feet. The
fencing, as described, will need to be maintained th�oughout the entirety of the
project.
Before work starts within the protected a�ea and/or if the fencing needs to be
adjusted due to hardscape construction, it will first require the approval of the
consulting arborist and then be supervised on-site.
If I can be of further assistance and/or if more technical information is needed,
please contact me immediately.
Sincerely,
�-:�..�� .. ��
James Lowery PNWC#1808
David Halstead BS, CA
�� � ~_
7Fee� � e� - .
� t, /� Y
DB� �ottrunk�_.�...� H �.L: ��...�.�GL • .i�U�d� ���
Fonm• O neraily symmetric � inor asymmedy aKnalor esy►mmetry ❑stump sprouc ❑shag-headed .
,� • 9�
P Crown cias� � dominar� o-dominant ❑irttartnediate ❑supp�essed a �
�' _$�'Ye Aqs claax a you�0 ❑aemF�ure ma�re 0 ove�n,ahm�ne�� '��� 3 �
' l.ive aowa ratia
Pruniag hhiory: ❑croym deaned O e�a�h►eht thinned ❑topped rai.ged ❑potlarded 0 aown ceduced O flush cuhs ❑cabiedlbra
❑rane O mui6ple pnmin�e�b Appnaac.daD� .
SpeoiatYalu� ❑specimen ❑he�tapeRtistoric ❑wfldlHe ❑unusu� �street troe O screen ❑fidfgenous C7 protected bY pa�r.
��TM
Folia9e aofm: 0 norrnal 0 tiecrodc Eparnda� Y_(��' �a+rl�� . � ...
folia9e density: �nonnal � size: O nomral C4�frta� ❑stakes �wite!ltfes �sipns �cables
Mnnal sfroot pro�rtk �e�oeellent 5��a9e 7Mitp Dkba�lf! Y N O curh/pavemerrt O guards
iNonadwaod dewslapmeat O e�axlteM �poor �na�e ❑other
Vlgor clasx ❑exceltertt ,I�ave f oor
Major pesta/diseasex
S� +�� - ------��-- .
Slte dnradar. Neighboring Prope S E W #Feet�"L ❑open space ❑nahxal ❑woodlandlforesf
���Open Area( ) Hill Side( ) Fom�al( WoodlandlFo�est( ) Overhang Road{ 1
� � .
T
TREE DEFECTS� �`
,�� � .�� �� �.����-�.°�.
Suspeetrod�oC Y�l pn�ek Y� tD: � '
E�o�d root� ❑severo O moderate �w Undamine� ❑severo CJ moderate C'�ir�9� .
(xIOWX D�7� hid�cate prese��ce d in�ridual ddects and r,�e thdr sev�dY(s=sa±re�e,r�=moderafe,I�lowl
DE�fCT IbO�Cil4lw 7!� St'Ji�D! �
Pbor -
Bor� .
Cadomi�nlsNod�
al�rr�s � -
Ind�ided 6ark
Exce�e end ' .
M�n
f�an�r '
Lno�laa�d�haric
tlolelbee liwe -_ r
Deadwoodf�6s Z ��.
�IE�IestaNs -
. �
,
;
. �k
,� �/ � �l } /1 / � Xl�J ! .. � D � � 1�l I .a,� ./�A h-,/1����. ` n
���'��� �
ltee�:_�.�Spaelex L— , ._
OBl� �_ �ol trunkx_.�._ He101��SPre� "DGL /� , � �[�
Form: ❑ qeneraly metric D minor asymmetry �or esYmmetry ❑stump sprou[ O stap-headed .
Crown elass: dominant Q co-dominant 0 irrtermedh�te ❑supp� ��L��,(,� ��
Uve ao�m ratla� % Age daar. ❑young ❑semFinature �maduro vermatureJsenescertt
�� �o���nr: 0 cro�m���e�►thinned o�op�ea ❑«ow�,�ed pona�ed o«�wn r�ucea 0 nu�,«�s ❑c��a
�rane ttlpie P��N� �PP��� -
SpeclatYalu� ❑spedmen ❑he�ta9eA�stOrfc ❑wfldl(b ❑unt�al �street tree O screen ❑shade ❑indtgenous O protecfed hy flo�►.
��TM
Foliage toior. 0 chlomlfa ❑t�eaadc �ianMa? Y N �orb abs�aalo� . • �,
Foliage density: nom�af �sparse Lsat siz� �rNrmal ❑sma� ❑staloes O wireJdes ❑sipns �cables
Annaai shoot�owtb: ❑excallerrt :O avera9e or 1Mds Die� Y� 0 curb/pavement O g�ards
Wonnd�►ood develapmeat ❑e�axllent O averaqe ❑Poor 6'none ❑other
Y1gor elass: 0 excelle ,ave ge ❑ poor
Ma�or pestaldiseasex
S� .��
Slie t�rarader. Neighboring Property S E W #Feet� 0 open space ❑nahxal ❑woodlandlforesE �
�� - ..— Forma{ Woodland/Forest( ) Overhang Road( �
� Open Area( ) Hill Side( ) (
�� �M n�'•� .
T ��
iREE DEFECTS� .
�or� � . . .
Su�eetrout�ot Y� � �'� �o-
E�ased rootx ❑severo O moda�ate � Unde�ninsd: ❑sever+e l7 moderate �fow .
PJIO0IYA D�R7� h�caEe pre�d i�d'iriduai de[ecls and rate�aera�jt(s•seMas,rn•moderafe,I•lo�►?
D�CT IdO�C'ibl� 11��( . �.OS �iA�lB
Pdar �
� �
Codomit�a�d.s/foiks
� � .
Induded bark
Etooessire erd
Mlb�a�dslsearn
�o�t '
tno�adaed baiic
holdbe�hiNe �
Deadiwodl�tuhs �� �
6o�a51�ertnies��fs -
�
� � r �
�` � `��' ' l�l .� ,�� �,,��i� ;� ' � ..l �.��`-�a D�,, __.. �g �'�i�
��������
'ttee�:�9 6� Spociex �'� _
DBH: of tNnks_.�. Haiqht�3pre�� _11L�.�DGL� , �(..�
�?�
Forn� penerally meMc O minor asymmeby ❑malor asYmmetry ❑stump spro�rt ❑sta0-headed .
Crown class: dominar� ❑co-dominant � rmediate ❑supp�essed (��
lhre aowwn rdtia�96 Age das:: youn9 ❑sem�re �mature O over-ma�urelsenesceM'���'�� d1..1
���n�: a �r�m�a ❑�►n,�a ❑�a a�,�a ❑�a a�,�a on�,«� ❑�ro�
i 6�?6rne ❑muttlple p�uni�e�nts Approx.da� .
�" SpeciatYalux O specimen �he�itaqelhl�ric ❑wfldlHe O un�ual ❑street troe ❑screen O shade C]indigenous �protected by Dw.
��TM
Foliage�olm: �nom�al ❑chlomfic �neaollc E�? Y� &or���e� • .,
Eoliage density; [IXfiortnal O sp�arse Lsaf slzx [�norrtral �smai! ❑atakes �w(reJJttes ❑si9ns O cables
Mnuat shool�mrtl� ❑e�xelient ave�a9e QDuot �1Mis�iebacl�! Y( N� � O Curb/pavemeM �guards
Wonndwood derel �h�axllent ❑average 0 poor ❑none � �other
ax
Yiqnr elass: Ilent ❑averaqe ❑fait O poor
A►la�or pesfal�lseasex
$� ,�(�1'rit1114
Sits dr+rader. Ne(ghboring Propert I�S E W #Feet� �� op�space ❑nahual ❑woodland�test �
��� `� Open Area( ) Hill Side( } Formal( Woodland/Forest( ) Overhang Road( )
�tle� O none�.,
--r-- �.
�� D�'i��
f�W�Y�L�YINIr . `
� `
���� � � �� � .
E�aisd rootx �'severe D moderate 0 low tl�a�aiae� ❑severo ❑moder�te L�?Tow ,
I�tOWN�T� ��te pres��ca d i�idnal defecl�and rabe�eir sev�dY(s=saat�,rn�moderabe.i•low)
O�ECT R00�� 71�( �0� �IiI1�QES
Pbor -
. Bo� �
Codomi�nfslfo�la
alhd�r� � '
frdided buk
Ez�iMe etd �
M�n
CoNs/��lvr.�
�c�r '
l�xaclodi 6rdrk
holelbae hi+ti ,
DpdrAOdfs�hs ��
BorersAerr�estarts .
, .._. �
,
� ' S
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/
♦ �
� ,�_ �bC' '/I��.� � lJ I . A � fJ � Q J r� �� �A .. �. �.. c�
�� � ��`'�-
ltee�_1�h ! -Speder.�`�/1 a' .1
DBN: ��S/�of Irunkx � Heiqbt��.�� =f rs ���GL�j' ���1�1�-''�. c�
��: ❑ peneraily symmetric � irtor asymmetry ❑maJor esymmeiry ❑stump sprou[ 0 s -headed �EJ ��
wn cias� 0 dominartt o-dominar�t O intermediate ❑suppressed � l �?i .
Cr° ��� ,�,�L�.� ��
I.ive a�uwn ratla � 9: Age claa� �young �►1 se re '�'ma�ure O oveNmaturolsenesce�rrt
Praning bl�Ory: ���" �Y th� ����d ❑Pollarded ❑aown reduced O i�sh ctds t�cabledlbra
�.� O none �'muidpla pnx�inp er�en� APP�� .
`�� speciarVawo: ❑spe�men ❑ne�iracem�to�ic ❑wnaufe ❑un�l a s�t tree Q� fgenous 0 pro�red�Y�►
TE�HEAL71i
Fo+r�e eaor: o nom�a+ �iiom�tic 0 n�xo�c E�� Y er.rlY a�tra� . - .,
Foliags�ensity: ❑nom�al ua'sParse size: ❑normal ❑smaU ❑stakes ❑wireJties ❑siqns ❑cablas -
Amwat siroot�orrll� ❑e�a�lient �averaqe or 7Mrt9 Diebadfl Y� 0 curh/pavemerrt O puards
Wanadrraod daysioPme� O excxlient ❑poor O none O other �
Vlgor dasx ❑excellent O averaqe 'r O poar
Major pesla/diseasex
SRE COND --.-
Slte Charae�er. Neighboring Prope�ty N S E W �Feet�_ ❑open space ❑natura! ❑woodlandlfare.sf �
�e hv� , ..
�a '� Open Area( ) Hill Side( ) Furmal( Woodland/Forest( ) Overhang Road( 1
❑nOnd`.
TREE DEFE{�T3� �'
r�oro�cr�r � �
Suspeet�outloC Y N�/ praeat Y N� ID:
l0
E�ased rootx ❑severo �maderate �low Undennined: D sevem CI moda�ate ❑low .
f�l01Yf1 D�l�Ind'�b presenoe d��al deteds aM ra�e iheir se�rer�jt(s�sas�e.m�modetaee.t=low)
O�fCT ROOi�M 1� SCJI� lR11At�
Pbor -
Ba►�
Codo�slfo�l�
al�r�ds -
lydided bark
.E�essNe ecd �
M�n
�aw '
Lno�trad�a baric
. hoklbae lwe r
Dead�roodf�0u6s '.
B • �
. 1 ll ) � ,
r .
�
c- -
� � )
' � l�� /(/,�� D.�>. � � �Y . / .� , . M �a r
��
� �
1Fee�:� � Spedes: � , ...
� ����BH:�.�.�#of trunkx Helpbt 8pread:� �GL " . -- 7�
Fonn: ❑ qeneraly symmetric [Bfiinar asymmetry ❑ma�or esymmetry �stump sprouc O stag-headed .
Crown clasx O domfnarn -domirrant O{ntermediate 0 suppressed � �S��L� ��
uve aown ratla: � 9'e Age dasx ❑youn� �M�a,Eure malure ❑over-matur�e�e�escer�
j
Pruniag hisbry: ❑cmMm deaned ❑�ely thirmed O topped [9'cxown raised ❑pollarded ❑Qawn reduced �flush ads ❑cableNbra
j ❑rane �mul8pie prudrq evei�s APP�� .
� SpedatValu� ❑S�e� a n�mo�m� a�aa� ❑� o�� a�, ❑� o�a��►� ❑protec�ed tN 9w
��uTM �
Polfage ooloe � nor�rral ❑chloro�c ❑ne�xotic Y M 6�erd�trealoe� , - �
Follage dans{ty; nonnal arse Leaf stze:��I��r o�mral O smaR ❑stakes 0 wicemes �siflns ❑cables
Nmnal shoot� ��ocellent O average Qpoo��_�Diebaelfl Y� ❑curbl�vemerrt ❑guards
Woaadwood derelopmen� O � �19'poor D none O other `
Vlqor cfasx 0 exc;efle�t rage ���poor
Major pesta/diseaaex -
$� .��
Slte Charae�er. Neighboring Prope�ty p�'S E W #Feet � �open spa� ❑na�ral ❑woodiand�fo�esf
���� l` � FoRnal oodland/Forest O Ovefl�ang Road f )
� ��`Open Area( ) Hill Side( ) (
■�!��' \l\ - _- _ - _ -_- -_
�� . . `
Suspeet rootmt Y� p�eek Y�J ia
Expo�ed root� Q'sevare 0 maderate ❑low Undumine� severo ❑mode�ate ❑low .
l'ROM7�1J�fC1�'ir�5cabe prese��cs d b�tal defecls and�aie thdr sev�nly(s•seue�a m�moderale,I=low�
D�f.T OOOi�i�M . it#Ef�LDS lRIIl11��
Poor �
Bovw �
Codo�slForks
at�hnr�is �
Itd�ded barlt .
�E�aoes�e erd
�
IAb�ntis/ssam
C.o�rt�u�r.�amslbr�
� -
Lno�adatQ baric
holeRtee hire �
DeadraodfsWhs '�
Ba -
�, + �
' - ,
�
1 1) �
i �
V . �' � 1 C� .-. � .� � !� �16 . . 0 ..., � . . _ � _ „ n ,� � 1
� � —_
ltee�:� Spedex
08H: � �W trunk� r . � Sp�� "DGL_�_ �/�
�� ,�� �
Form: ❑ qenerally symmeMc LP1 m r asymmetry ❑malor asymmetry ❑stump spmu� ❑stag-headed
Crown das� 0 daminartt ominant �ir�ermediate ❑supptessed ��
Live aown ratlo: � 9'o Age ❑young ❑semFinature L9'mature D over�mature/senescent
� Praniag hisi�y: �cro+�m '�d'����eesiveq'fiiru�ed �bopped ❑crovm raLsed O pollarded O c�oWm reduced ❑flush ads ❑cabledlb�a
O none �rt�tlple Ixunino e� Approx�x .
� b sp�rv�w�: ❑spec(men 0 herita�fitstor� O wiid�fe O unusual ❑street troe reen strade ❑indiqenous ❑protected by 9w
��TM �
Foiiaye�oloe � ❑chbrotic �neaotic �S! Y�N G�a�Y ab�ra�tlo� - .
Foliags deiu(ty: �fiormal– �spar9e Lea(slze: L�oormal 0 smatl ❑shakes 0 wireNes O signs ❑pbles
Mnnal shoat growll� O e�xellent Lgaver_age poor 1Mrip Diebadr! Y� �curbJpavement O guards
Wouedwood deysl +�t O exceilent t`daverape ❑poor ❑none ❑other '
UO
Vignr clasx excellerrt ❑averape �fair �poor
,
Ma�or pesta/disea�ex
S� ��
Slie Charaeter. Nefghboring Property N� E W #Feet ❑open space ❑nah�ral ❑waodlandltoiesf �
taudseaPe hPx `�,, ..
' Open Area( ) Hill Side( ) Formal Woodiand/Forest( ) Overhang Road( 1
Urigatlo� �non�... .
TAEE DEFEC'.�'S� '�
xoorn�c� . .
, • .
Suspeet rootm� Y�? pro�enk Y� f�
E�ose4 rootx �iere �moderaGe �low Urrdermlaed: severo ❑mode�ate D low �
�� kIdIC�pfGSe11L8' Of wwmMra�ECI'6�li��.70VEf1���S�S9Y�la 1A a lIIOdB�B����OW?
� ��� 1�� . � �Q
PbOf -
8011� .
C0110�I�dS�011�3
�
�11CM1��
.E�SSIY�Et�
�11�A
�� '
����
hDld�fBC I�MC #
DE�WOOdI�il1S ��
�0 _
�
� i �
i
f
� ��' Il������ � � ' �`���� 9� ��
n�c cs —�
�e�:���.,�.sp�� � ,
OBFk �,L����tnkx�� Heipht s.Lv � DGL,�? . f�0 /� Q"T
Form: ❑ 4eneraliy symmetric O mirwr asymmehY �d�1�esymmetrY ❑stump spmu� ❑stap headed 'L(!,fih� (7 c�
C►own cias� ❑ dominent L�eb-�ominant O krtertnediat ❑suppressed �����
ltve aows rada 96 Aye elaax ❑younp semHnature maiure �oveFinaturo/senesceM
Pro�iag htsto�y: ❑croMm c�an�a ❑eoac�reiy�nned p mp�a �n rai.sed �pollabed ❑crovm reduced O Aush ads ❑ca6ledlbra
� O none ❑mu�ple p�un�q ev�� A�pprox.da�:
�"!'�pe�fat Yalue: ❑spedmen ❑heritagefi(sEoric ❑wildQte ❑unusual ❑street tree �cre� shade dige�ous �probected by fla+r.
���� �
Faflage caloe ❑nom�al O neao�c Epla�ia? Y Gro+r�o�o� . � ..,
Foltage denslty: �ormal sparae lsai slm: ❑normal O sma� ❑atakes O wirelUes 0 stgns �cables
Annual shoat prowth: '� oc�lent ❑a�►eraqe Aoor 7YrtD Diebaci� Y N ❑auh/pavemerrt O guards
Woonrwaod derelopmeat O lent G��e O poor ❑none O other '
Vlgor da4x ❑exceUerrt �rape ❑fair O poor
ANa�or pesta/dfseaaex -
$� ��
Stte draraeter. Neighboring Property(1�'S E W #Fe � ❑op�space ❑natural ❑woodlandltotesf� �
��� ```� Open Area( ) Hill Side( ) Formal( ) WoodiandlForest( ) Overhang Road i )
�a O nond�.. '
T
TREE DEFECTS�
n�oru�c� . -
, • .
Suspeet rod tot Y� pn�et Y� la
E�sed roots �severo O moderate C� Undertoined: ❑severe �moderate [�llevr .
�)OWN D6FCf� b�r.atie pr�x af ir�iduai ddecb and rabe 1�eir se�iht(s�ser�xe,rn=modet�e,l=low) �
�ECT RDOi Ci� 11�A( . � �
Pioor -
Bax� .
C� °
attad�naqs . .
In[�ided bffik ,
�E�oxssire did
M�n ,
GaNNmd�r:ortislbr�t
�aw '
t,00se�oradoe�ba�c
holdheeliwe �
Deatfwoodf�u6s '�
Boir.r9f�Emt�e.sl`anll� -
f �
/ /
�et�. �ti � "I l� .�►� A Jd.t:,�� .,�1. v► �a� ,��, .� 1/ �C�
���� �_
�
Tree�:��Speeles:
OBi� � #ol trunkx _.� �.�Sp�� ,.L�!�OGL��_ , ��
Form: ❑ geasrally symme�ic inor asymmetry ❑malor esymmetry O stump sprou[ ❑staq-headed .
Crown class: �ominarrt �co-daminant 0 ir�ermediate ❑suppressed ��� �7�,
Uve c�mm►atia 9'e Age C]young ❑semhmature C�fi�re O overmaturelsenesce� v
Pmning history: ❑cro+nn deaned l5i'�o�i�+ehl thinned ❑bopped ❑crown raised L7 pollarded ❑aown reduc�d 0 flush a� ❑cabledlbca
�� O rane O multlple prudrq eve� Appro�.dab�x _
��SpecfatValu� ❑spedmen O he�itagelhistortc C!wfldQte ❑um�ual ❑street troe � strade 0 tndigenous �pmteded 6!►9�
�F�TM �
Eolfage colm: 0 normal ❑neaotic �d�t Y�,�N' �oirlh� - �.
Foliage de�ity: �normal sparae Leaf size: 0 normai �mal! ❑stakes O w(re�des �sipns 0 cables
Mmial shoat prowlh: O e�acellent ❑average �ior 1VW Dkbadc? � N ❑curb/pavemerrt O guards
Wonadwood de+relop�neut ❑e�axllent O averape ❑none ❑other '
Yipor elas� ❑ewcellent ❑average �fair r
Major pesWdisea�ex
$� ��
Slte Charader. Neighboring Propetty�S E W #Feet,�_ �open spacx ❑natural ❑woodlandlforesf �
Landuape t� ` ..
�� ���`Open Area( ) Hill Side( } FoRnal Woodland/Forest( ) Overhang Road( )
.T` .
TREE DEFECT3� �� - -
rroarn� .
, • .
Suspeet root.rat Y '� �ts�e�k Y F� tD:
Exposod root� �severo �madeiabe ❑low Underrnined: 0 sevece ❑moderate O low .
(�WN D�Z'l� Indcate prese�e d i�divi�al 8efd�and ra�e�eir se�ilY(s=sare�e,rn=moderafe,�•low)
�CT 1100�� 7i�( - � �ES
P'oar -
Bov� �
Catirxnima�slfad�s
� � .
lnduded barlc
�F�essire erd ' -
1Nfour�l�aan
a� -
���
��� e
DeadWOOdlk�hs '.
80 .
. � , f �
0
� � � e ��
� ' 7 �
- /l.1r�'�'�'(� . /� :L�.�r��� ��„ .�o p�.r .
�� ���
,
ltee�:� � � Speeies: ._
�1} t1���W trut�Cx�_ Helqht � �"�GL,�'�J 1
�: O penerally symm�ric 0 inor asymmehY ��'fra�or eSYmmetrY O stump sprou[ ❑staq-headed .
e
Crown clasx � dominant co-dominarrt O ir�termed'rate ❑suppressed •
Live aown raUa � 9'e Age ela�: 0 younq �semF�rtrature �Ti�ature U ove�maturnlser�cerrt
Pro�ag hislory: ❑crown deaned O e�a�ssh►ely thinned L9'fopped ❑txonnt raLsed ❑poHarded C�,anuvn teduced �flush cuts ❑c�biedlb�a
�none O mu�lple pruifn�p e�renb Apprms.dab� .��i, � —
Spe�tat Vala� ❑spec(men ❑hetitapelhistoric ❑wild8fe ❑unusual [�street tr+ee Qlxreen ❑shade O indigenous ��ed bY Om►.
��TM '
fMiage eolor: ❑narm� (7 nea�otic Epiar�ei�s? � 6ti'owlh� � .
Follage density; O nonnal [�'sparse leaf sixe: ❑nocmai �smait ❑atakes ❑w(reRfes CI signs �cables
Mnual shoot prowth: O excellertt �average (7�poo�r �DiebacKt Y� �curb/paveme�rt 0 guards
Wonndwood derslapmenC ❑e�axlleM O pe lof poor ❑nona ❑other �
Ylgor dasx ❑excelleM ❑averaqe [gfair 0 poor
Ma)or pasla/diseasax
SITE CONDITIQ�S _ .
Slte Charaober. �
Neighboring Property�S E W �Feet�_ ❑open spa�x ❑nahual ❑woodiandlforesf
. �e hP� �,. .._
� ���`Open Area( ) Hill Side( ) Formal(�WoodlandlForest( ) Overhang Road( 1
��{�.�- ``
�
ROOT Dfff�7� � �
� - .
Suspeetroot�ot Y � p�eet Y� t� .
E�as�d rootx �severe �moderate 'B'�ow Undermined: ❑severo O moderate L�1'� - .
��i� �II�C�pIBSEfN.'�Of��EC�S dfl�18��IC�'SlUEI�t�$°SlYEI�IA�IIIOd9fi�����OW�
OBf6T IbOi� 71�� . �OS lfiAAGB
Poor -
Bar� �
Codumir�foda
_ � � �
Inciided Oaslt
�Exoessire e�d
�
�r -
Loosel�iacloeQ baiit
tlolel6ee lw� �
Dr�dwoodf�hs '
Baer51lm[mieslan�s .
, jl
� • � /
, � �
�
� �� ' '
lIl".� .�� � � ' �- � �A,� �_ . o �
�� � ~_
7tee�:�Spaefe� •-��'.�`'i� ,-�--- —
DBH: / r�c �i ot trunks� Helqb��. S�a� ��DGL�—� .
Form: ❑ qeneralty symmetric �minor asymmetry LgmaJar asYmmetrY �stump sprouc O stag-headed .
Crown clasx ❑ dominaM �'co-dominant �imeRnediata ❑suppressed
L1ve aown ratla: � � Ags clas� C]younp �❑�se F�re �fi�ure ❑ovec�maturolsene,soertt
Pronia9 bisbry: ❑crrnm cieaned O�essively 1hMned �opped ❑crown raised ❑pollarded ❑crovm reduced O Hush cuts ❑cabledlb�a
O none C7 mu�ple pn�kq e�erd� APP�� .
.
�Speciat Yalua ❑specimen ❑heritape/histaic ❑wfld6fe ❑unusual tree scroen de ❑indigenous �protecEed bY yav
��TM
Foilage eolor: � chlorotic ❑necxolic E�a�ia� ( N 6ior�� . � ..
Foltage de�ity: normal O sparse Leaf slze: ❑normal C�mal! �stakes ❑wire�tles �si9ns ❑pbles
Mnaal shoot prorrth: �e�a�lient ❑avetage C`� oor �ri9 Diehadfl Y N� ❑curbJpavemeM ❑guards
Wouad�raod derelopmoat O e�axlle� O av�raoe �Pvor' �none ❑other
V1qor elasx �excellent ❑averaqe C91�ir �poor
MaJor pesfa/dfseasex
. a
S� .��
Site Charaeter. Nefghboring Prope N E W #Feet � �op�t space ❑na�tral O woodlandlforesf �
����� , .. Overhan Road( �
� ���`Open Area( ) Hill Side( ) Formal(�Woodiand/Forest( ) 9
���- �\ - -
ROOT DffE�`1� `
Suspeetrontnot Y� P� Y� �
Fxpased root� ❑severo �modetate O Iow Undarmias� O severo �moderate �low .
f�+Oli�N D� h�d�cabe prese�ce d i�vidital defecis and�e their sava�jt(s�aeye�q,rn�mode�e.I�tow)
OH�i.? InQ� 71Mt SC�Dt �A�CiB
Pbac �
Box� .
Codomi�dslfoda
� - -
Irduded Oark
.E�xssire ad
1Ma�ndsl!�a
Car�shnus�rr'at�sl6�
;�� -
Lno�aacloe�barit
� holdbee iwe t
DeadWOOdl�bs '�
B -
� � �
, � �� / .
�
ao ' 1 1 �
� .�-� � � ..�.��. �
� � �� .� , �(/��
Exhibit `,1'
HALSTEAV'S
A R B O R I C U LT U R E ��S peese�rvation of t eesand
CONSULTANTS, INC.
�` David Halstead,Consultant,B.S.
Phillip Whitcomb,Consultant
� P.O. Box 1182•Tualatin,OR 97062 Cornerstone
� (503)245-1383
J U L 1 9 2004
July 15, 2004
►
�
ATTN.: Mr. Greg Philco
Comer Stone Construction Management, Inc.
y 5331 SW Macadam Avenue
Suite 377
/ Portland, OR 97239
Ph 503.295.0108
FX 503.295.1896
, _� Reference: Revision
� Location: Metrger School, Tigard, Oregon
Subject: Douglas Fir Tree#253
.
Please refer to HAC, Inc. Metzger School main campus report dated February 2,
� 2003, August 8, 2003, August 18, 2003 and the July 14, 2004, Tree Assessment
,. , Report for the property located at 9080, 9100 and 9140 SW Locust Street.
'� Due to the acquired 9080, 9100 and 9140 SW Locust Street property and the
� , redesign of the original Metzger School main campus site plan to include a
� baseball field, Tree Numbered 253, a Douglas-fir tree, assigned to be preserved,
, will need to be removed because of its location within the proposed baseball
field.
�
!� The removal of the Douglas-�r tree will change the percentage of preserved
trees, but will not change the mitigation percentages and no action will be
� needed.
�
Sincerely,
� � �� ���- �___�.G
David Halstead BS CA
1
�.
I
•
cmail:hac�spiritone.com
•ww.halsteadsarboricu Iture.com
.;CBlk 0068646
�1FFIDAVIT OF MAIL�G/POSTING NEIGHBORH0�0 MEETING NOTIC
E
IMPdRTAN7 NOTICE: THE APPLICANT IS'REQUIRED 70 MAIL THE tITY OF,TIGARD A COPY OF THE
NEIGHBORHOOD MEETING NOTICE THAT PERTAIN,S TO THIS AFfIDAVIT AT THE SAME TIME PROPERTY ;
OWNERS ARE MAILED NOTICE,TO.THE ADDRESS BELOW:
City of Tigard Planning Division �, '
13125 SW Hall Boulevard ° ` � ':
Tigard, OR 97223-8189
IN ADDITION, THE APPLICANT SHALL SUBMIT THIS AFFIDAVIT & COPIES-0F ALL NOTICES AT THE TIME OF APPLICATION.
MAILING:
I, , being duly sworn, depose and say that on the day of
20�'L, I caused o have mailed to each of the persons on the attached list, a notice of a meeting to discuss a proposed
development at(or near) a copy
of which notice so mailed is attached hereto and made a part of hereof.
I further state that said notices were enclosed in envelopes plainly addressed to said persons and were deposited on the
date indicated above in the United States Post Qffice located at ,
with postage prepaid thereon.
Signature (In the presence of a Notary Public)
POSTING: ��
I, � U r � , do affirm that I am (represent) the party initiating interest in a proposed
a e affectin the land located at (state the approximate location(s) IF no
address(s and/or ta�C lot(s)currently registe ed) � $� 0 02 2 0 3 A•� O ,
and did on the S"►�'� ay of , 20 D personally post notice indicating that the site may be
proposed for a i b e ' application, and the time, date and place of a neighborhood meeting to
discuss the proposaL
The sign was posted at St� (,d C us� �'�'�Qe1 � beG��i�d �iG�Q�✓Q'�C
(state location you posted notice on property)
Signature (In the pr senc of a Notary Public)
(THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETE/NOTARIZE)
STATE OF C��`�--`� v�� )
County of (,��y��f���-c,v_) ss.
S�
Subscribed and sworn/affirmed before me on the �� day of , 20�.
UrFICIAL SEAL
KRISTt�J PEERMAN
NOTARY PUBLIC-OREGON
' COMMISSION N0.370962 NOTARY PUBLIC OF OREGON
MY COMMISSION EXPIRES JULY 28,2007
My Commission Expires:
Applicant,please complete the information below:
NAME OF PROJECT OR PROPOSED DEVELOPMENT:
TYPE OF PROPOSED DEVELOPMENT:
Address or General Location of Subject Property:
Subject Property Tax Map(s)and Lot#{s):
h:VoginlpattyMasters�affidavR of mading-posting neighborfwod meeting.doc
I Rug 04 04 10: 08p Murohy 50�9681674 p. 2
�FFIDAVIT OF MAILINGIPOSTING NEIGHB�RHOOD MEETlNG NOT{CE
IMPORTAN7`TlOTICE `.�HE;APPLICAN� IS REQUIRED TO'�MAIL 7HE CITY O,F T#GARD A CQPY 9f T1��
NEIGH$ORH0.0�'ME�7'ING�NOTICE THAT�PER��IINS T0 THIS AFFIDAVIT AT THE'S'AME `tIME PR�PERTY
OWNERS ARE MAiLED NUTlCE, TO THE ADDRES�S BELOW:
City of i'igard Planning Oivision
i�125 SW Ha1l`Boulevard
Tigard, OR 97223-8189
IN ADDITION, THE APPUCANT �HALL SUBMIT THIS AFFIDAVIT &,COPIES OF ALl NOTICES AT THE 71ME OF APPLlCATION.
MAfIING: �
�, � ,being duly sworn, depose and say that on the�``day of '� .
20� , I caused to have m il t each of the p ns on the tfached list, a noti e of a meeting to discuss proposed
development at(o�near) , a copy
of which notice so mailed is attached reto and made a part of hereof.
I further state that said notices were enclosed in envelopes plainly addressed to said persons and were deposited on the
date indicated above in the United States Post Office located at���✓� Sw YwArCI<`1�1-YYl --- --- —,
with postage prepaid thereon.
� �
,
� gnature (In the p�esence of a Notary Public)
POSTING: �
� , do affirm that I am (represent) the party initiating interest in a proposed
affecting the {and located at (state the approximate location(s) IF no
address{s}and/ar tax lot(s) currently registered} --'
and did on the day of , 20 personally post notice indicating that the site may be
proposed for a application, and the time, date and place of a neighborhood meeting to
discuss the proposal.
The sign was posted at _� _
(state location you posted notice on property)
Signature (In the presence of a Notary Public)
(THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETE/NOTARIZE)
STATE OF ��-�N )
County of/�CIL��(/or�1.�i�t ) ss. J�,El.��i�'i,� C'�ieM�C� � .
/L�
Subscribed and swo�n/affirmed before me on the � -- day of '� us� , 20_�
OFRCIAL SEAL
T.G.MOELLER
NOTARY PUBUC-0REGON
COMMISSION N0.364362 �i�%��vlyt��%LC�
Ml'CDMMISSION D�IRES JANUARY 6,2007
NOTARY PUBLiC OF UREGON
My Cornmission Expires: _
Applicant,please complete the information belaw:
NAME OF PROJECT OR PROPOSED DEVELOPMENT:
TYPE OF PROPOSED DEVELOPMENT:
Add�ess or General Location of Subject Property:
Subject Properly Tax Map(s)and Lot#{s): �.�����a���������,�,�,�,,,�j„9.eo�
� - -- — ---
r — — � -- - , ST . • - •
� T , ,
� ' � I I GEOGRPPNiC iNFORMnTiON :. �EM
. _L.
r � ���
_ _ � �, ; �
_ - o - -- - --�- `
. -- N mtwntu:mta�c�t�n � - � ; / ���•/
ifiT{Np�Po� 15/tfYN7„7 � ' � I '
f3116ttOt7�1 �� iS1iNCOtIN . .
-- ISISiBCUiBt '.. itttllCOftY1 � � �
CORAL — ` � ----------- i
— ST -----------
� m7xcwu „ a�tiuos�af ms�eastu m:eoa�nl� . �� — --�� -
. tl�i�eeassA="�ossa� tt�:i�na�ao ui:uc�som '�ti110t��' ' � �' FOR: Ed Murphy
uaacwiu ,si:ewas�e 2 _ uuuouw� ,
-- ani�cwai o uinenss�s _. � .._. mte�ueoa ml��xYw
m�ac�c�a� u
— . _ : __ mme�stro __ xnooea:�ea
_ _ __ 1
, � �u���.� — ,a,t..�a56� __ : , �— RE: I S I 35AB 202/203/204•
_ _
�a n�iueaa: nne�cassa� nn�k�su� uve000»et ; f �
1 „�,�.�,,, �,6e�a6N, m,N„�„ / ; I S I 35AB, I 00
7ON5L
... ��—.J — 60�7lOB �,
.��y�qm liI7fON56�7 M46YH50p . q�70N7B1� �, �1iN�7H�
umunew
�ocusT ST (Metzger Elementary School)
__ �
���� � ����� u� ��� � � ___________
, �� �' '� nqciwea7n ':°��� �mauu�n ���nusuuot� _....�_ — - -
. � a ` 1$Q'ulll08if1 ifF1311��t�� 7SIi5M00t0} '
' AtISN�Yl�I s•._ � W"4� � 1f175M08lBO � . O '
� K11U���7M � :', . „ '� .
, , ..F N � 15175AM0lM(/� . .
. { ___-'—_ ��..,1.,•'"*,�� 'CiSM1�l.131iiAMl905 � 1fti5M�Ot65 �7fMORt��� � � II�-_
� (���r Property owner information '
��������a� - � r�� - ;��,'�,�� �„s,,,,.�,� is valid for 3 months from
_-� �' A`�_' ,� �;�\� n„s,,,,,.,w !W L _ the date printed on this map.
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Community Development Plot date:Aug 2,2004;C:�magic\MAGIC03.APR
126DC-068 0 1S126DC-05501
19 2 ARTITION PLAT COOLEY ERIC&RUTH
OW F LOTS 1-3 9180 SW CORAL ST
, TIGARD,OR 97223
1S126DC-02903 1S126DC-D4100
AARON TED R&IDA JANE CORYELL JACK M&ALICE O
369 NW BLAIR ST REVOCABLE LIVING TRUST
SHERIDAN,OR 97378 9900 SW 92ND
TIGARD,OR 97223
1S135A6-00203 1S126DC-055D5
ADDERIY DAVID L 8 SHARON A COUNSIL ARLEIGH B JR
9120 SW LOCUST ST 9110 SW CORAL ST
TIGARD,OR 97223 TIGARD,OR 97223
1S135AA-0120U 1S126DD-03002
ALLISON ANNETTE C& CRABTREE DENNIS J AND
DUNCAN THOMAS S BEVERLY J
8870 SW MAPLELEAF ST 10020 SW 90TH AVE
TIGARD,OR 97223 TIGARD,OR 97223
1S126DC-05502 1S135A6-03303
BOTORF VERNON D ST DALTON MICHAEL L
9160 SW CORAL 812 NW SUNDANCE CIR
TIGARD,OR 97223 CORVALLIS,OR 97330
1S135AA-00905 1S135AC-03800
BROWN JAMES F& DAVIS EUGENE
HENDERSON-BROWN CHERYL L 10875 SW 89TH
10200 SW 90TH AVE TIGARD,OR 97223
TIGARD,OR 97223
135AA-00902 1S135AC-03500
BR N JA F 8 DAVIS EUGENE L
HEND N-BROWN CHERYL L 10875 SW 89TH AVE
102 OTH AVE TIGARD,OR 97223
ARD,OR 7223
1S135AA-03901 1S135A8-03200
CHEPIN JOHN DAVIS EUGENE L 8 VIVIAN
926 DELAWARE ST APT 302 10875 SW 89TH ST
LONGVIEW,WA 98632 TIGARD,OR 97223
1S126DC-05201 1S135AC-03900
COBB GREGORY J 8 MICHELLE M DAVIS GENE&VIVIAN
9245 SW LOCUST ST 10875 SW 89TH AVE
PORTLAND,OR 97223 TIGARD,OR 97223
1S135AB-03403 1S135AA-03900
COLE WILEY F JR DAVIS SHAUNDA M
9055 SW OAK ST 8910 SW OAK WAY
TIGARD,OR 97223 TIGARD,OR 97223
�D
1 135AA-9000 1S135AA-90010
DE A ONDOMINIUMS FLETCHER MARY K
OW OF UNITS 10319 SW 87TH AVE
TIGARD,OR 97223
1S135AB-00204 1S135AC-03801
DICKSON DONALD KEITH FOREIGN MISSION FOUNDATION
PO BOX 219028 10875 SW 89TH AVE
PORTLAND,OR 97225 TIGARD,OR 97223
1S135AB-01004 1S135AC-03700
EOP-LINCOLN LLC FOREIGN MISSION FOUNDATION INC
LINCOLN CENTER COMPLEX 10875 SW 89TH AVE
[16231-16237] TIGARD,OR 97223
PO BOX#A-3879
CHICAGO, �L 60690
135AB-01003 1S126DC-03900
E -LINCOLN L GAMMON LYNNE M 8 JERRY W
LINC LN CE ER COMPLEX 9225 SW CORAL ST
[16231- ] PORTLAND,OR 97223
PO # 879
CAGO,IL 0690
135AB-00700 1S726DD-03000
E -LINCOLN L GILE EDWARD S
LIN LN C ER COMPLEX 10040 SW 90TH
[16231- 7] TIGARD,OR 97223
PO -3879
CAGO, 60690
1 135A8-01002 7S135AA-06900
EO - NCOL LC GILHAM ANGELA
LINCOL TER COMPLEX 8840 SW MAPLE CT
[16231- TIGARD,OR 97223
PO #A-3
ICAGO, IL 60 0
135AB-00900 1S126DD-03300
EO -LINCO LLC GOODWIN FRANK O&CHARLENE
LINC N ENTER COMPLEX BY SHELTER MORTGAGE CO
[16231 237) 9900 SW GREENBURG RD
PO X -3879 PORTLAND,OR 97223
ICAGO,IL 60690
135AB-03400 1S126DC-05303
E -LINCO LLC HALAMA PAUL
LINC N NTER COMPLEX 9070 SW CORAL ST
[16231 237] PORTLAND,OR 97223
PO X 3879
ICAGO, IL 60690
1S726DC-O6500 1S126DD-03001
EVANS RICHARD 8 TRANSITO HALL GLADYS
9275 SW LOCUST ST Go HEINTZ SUSAN I
TIGARD,OR 97223 10415 SW 72ND
TIGARD,OR 97223
1S135AA-01000 1S135AA-00906
FINEVIEW FARM LLC HARRIS BRYAN J&GENNIE S
1430 EASTSI�E RD 10230 SW 90TH AVE
HOOD RIVER,OR 97031 TIGARD,OR 97223
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1S126DC-05101 1S126DC-02701
HARRIS GREGORY E HUNT WILLIAM TRUSTEE
9036 NW BENSON ST 8038 NW HAZELTINE ST
PORTLAND,OR 97229 PORTLAND,OR 97229
1S735AA-90009 15135A6-03304
HAWLEY HAZEL M KEEGAN THOMAS E&JEAN D&
9055 SW 91ST AVE#7 KEEGAN JAMES C
PORTLAND,OR 97223 27987 HWY 213
MULINO,OR 97042
1S735AA-03902 1S135A6-03201
HAZARD SANDRA KILGORE KIM 8 PAULA
8914 SW OAKWAY 10445 SW 90TH AVE
TIGARD,OR 97223 TIGARD,OR 97223
1S126DC-04000 1S135AA-01002
HEFFLER ROBERT ARNOLD KINDRICK CHARLES C AND
9260 SW CORAL DEBRA A
PORTLAND,OR 97223 10320 SW 90TH
TIGARD,OR 97223
1S126DC-02902 1S135AA-01101
HENSEL KRISTOPHER J& KUHN EUGENE P PAMELA L
MAGERS JULIE E 1�340 SW 90TH
9135 SW CORAL ST TIGARD,OR 97223
TIGARD,OR 97223
1S135AA-00802 1S135AA-00804
HERBERHOLZ LARRY S LAI KHOAN VAN&
8870 SW LOCUST LE THU THI
TIGARD,OR 97223 10161 SW JEFFERSON AVE
TIGARD,OR 97223
15135AA-00803 1S135AA-03800
HERBERHOLZ LARRY S&CATHY D LASHAWAY JULIE A
8870 SW LOCUST c/o FINCK DALE M 8 IDA LIFE ESTATE
TIGARD, OR 97223 4141 CHILDS RD
LAKE OSWEGO,OR 97034
1S135AA-03707 isizs�c-osioo
HITCH DORIS A& LOOS BEVERLY A
OLMOS DAWNEENA 9365 SW LOCUST ST
10387 SW 87TH AVE TIGARD,OR 97223
TIGARD,OR 97223
�s�zsoc-oaoo� 7S�2sDC-os7oo
HORNE ELMORE JR 8 FLORA M LUNDMARK ALBERT C
8775 SW LOCUST ST#9 3381 COEUR D'ALENE DR
TIGARD,OR 97223 WEST LINN,OR 97068
is,zsoc-o2�o2 1S126DC-08500
HUNT BETTY JANE TRUST LUNDMARK ALBERT C 8�ELIZABETH A
BY WILLIAM HUNT TRUSTEE 3381 COEUR D'ALENE DR
8038 NW HAZELTINE ST WEST LINN,OR 97068
PORTLAND,OR 97229
l.t.J
126DC-084 1S126DD-03400
LU M K ALBERT C 8�ELIZABETH A OREGON STATE OF DEPT OF VETS AF
338 EUR D'ALENE DR c/o WALLOCH R B 8 JEANETTE C-03249
ST L ,OR 97068 8890 SW CORAL
PORTLAND,OR 97223
1S135AA-01102 1S735AC-03400
MACLAREN ROBERT P 8 ORLAND LTD
JABLONSKI MILLIE BY KENTON R BARNES
10360 SW 90TH AVE 222 SW COLUMBIA ST#1625
TIGARD,OR 97223 PORTLAND,OR 97201
1S135AA-04100 135AC-044D
MACLENNAN LOIS O ND
8955 SW OAK ST BY K ON R BARNES
TIGARD,OR 97223 222 OLUMBIA ST#1625
RTLAN OR 97201
1S135AA-04200 135AB-0330
MATRIX DEVELOPMENT CORP O ND D
12755 SW 69TH AVE STE#100 BY K ON R BARNES
TIGARD,OR 97223 22 LUMBIA ST#1625
RTLAND, R 97201
7S126DD-02903 135AC-04300
MAZZUCA LOUISE C OR D LT
10000 SW 90TH AVE BY KE R BARNES
PORTLAND,OR 97223 222 C MBIA ST#1625
P RTLAND,O 97201
26DD-029D 135AC-04200
M OUISE C OR ND L
100 90TH AVE BY KE N R BARNES
TLAN , R 97223 22 UMBIA ST#1625
ORTLAND, R 97201
1S126DC-05400 135AD-0130
METZGER UNITED METHODIST CHURCH OR D D
9055 SW LOCUST BY KE N R BARNES
PORTLAND,OR 97223 22 C MBIA ST#1625
RTLANO,O 97201
15135AA-OD806 135A6-0330
MILLS MICHAEL E AND OR ND
BEVERLY A BY KE ON R BARNES
10211 SW JEFFERSON 22 LUMBIA ST#1625
TIGARD,OR 97223 RTLAND, 97201
1S135AA-00800 35AC-�41
NASH GORDON O AND PENNY J OR D D
10231 SW JEFFERSON BY KE N R BARNES
TIGARD,OR 97224 222 C MBIA ST#1625
RTLAND,O 97201
1S135AA-04101 135AC-040
NGUYEN THAI V&CHAVELA OR N TD
8945 SW OAK ST BY K ON R BARNES
TIGARD,OR 97223 22 W LUMBIA ST#1625
RTLAND, R 97201
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135AC-03300 15126DC-05304
OR ND L REMILLARD THEODORE W
BY K N R BARNES 9050 SW CORAL ST
22 LUMBIA ST#1625 TIGARD,OR 97223
RTLAND,OR 97201
135AC-0320 1S135AA-00401
OR D ROWE SHIRLEY I
BY KE N R BARNES WOOD JUDY
22 C MBIA ST#1625 1027 SW GROVER
RTLAND, 97201 PORTLAND,OR 97201
1S135AA-00901 15126DC-�5202
PACIFIC CREST PARTNERS INC RUFF MICHAEL L JOYCE E
1430 EASTSIDE RD 12150 SW 124TH AVE
HOOD RIVER,OR 97031 TIGARD,OR 97223
1S135AA-01100 1S126DC-05600
PATERSON BRIAN S&SAMI B SCHARBROUGH DONALD
10370 SW 90TH AVE JOYCE I
TIGARD,OR 97223 10050 SW 92ND
PORTLAND,OR 97223
1S126�C-02901 t 126DC-05603
PATRICK JEREMY& SC BR GH DONALD
BISSETT BIANCA JOYCE
9085 SW CORAL ST 100 SW D
TIGARD,OR 97223 RTLAND,O 97223
1S726DC-05302 1 126DC-O55
PEDERSON WM T PAMELA D SC RB UGH DONALD AND
9090 SW CORAL JOYC
PORTLAND, OR 97223 10 S 2ND
RTLAND, 97223
1S735AB-00202 1S126DC-05500
PENSE JAMES M AND ROXANNE M SCHULTZ ERIC D b JULIE A
9140 SW LOCUST 9130 SW CORAL
TIGARD,OR 97223 TIGARD,OR 97223
1S126DD-03800 1S126DC-05301
PILGER DENNIS F&ZOE A SCHULTZ RICHARD J AND
17703 5W TREETOP WAY BARBARA I
LAKE OSWEGO,OR 97034 9030 SW CORAL
TIGARD,OR 97223
1S126DC-02800 1S135AB-03203
PRENEVOST DONALD P&KATHRYN N SHELDON MELINDA L 8
9935 SW 90TH AVE DUANE C
TIGARD,OR 97223 10425 SW 90TH AVE
TIGARD,OR 97223
1S135A6-�3202 1S135AA-00903
PRINCE KEITH D 8 KRISTIN L SICKLER LEE J
10455 SW 90TH AVE 10024 SW 55TH AVE
TIGARD,OR 97223 PORTLAND,OR 97219
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1S135AA-04000 135AB-034
SMITH ROGER W WA IN ON COUNTY SCHOOL
JACQUELYN M DIS T NO. 106
8935 SW OAK ST ,
TIGARD,OR 97223
1S135AB-03205 1S135AA-00900
STANTON KAREN WEINEL BRETT M
10435 SW 90TH AVE 8950 SW LOCUST ST
TIGARD,OR 97223 TIGARD,OR 97223
1S126DD-02902 1S126DC-05602
STEFFEY JOANNE WESTERN CREDIT SERVICES
8940 SW CORAL ST c/o BUOY TAMYRA
PORTLAND,OR 97223 6273 SW 202ND PL
BEAVERTON,OR 97007
1S126DC-05200 1S126DD-03100
STITT DEANE A 8 CAROLYN M WESTON INVESTMENT CO
10025 SW 92ND AVE 2154 NE BROADWAY
TIGARD,OR 97223 PORTLAND,OR 97232
1S135AB-00100 1S135AA-00904
TIGARD-TUALATIN SCHOOL DIST 23J WILLIAMS LIVING TRUST
6960 SW SANDBURG ST BY DONNEL N WILLIAMS 8�
TIGARD,OR 97223 STEPHANIE S WILLIAMS TRS
13865 SW FERN
TIGARD,OR 97223
1S126DC-05601 7S135AA-07100
TROUTT JOYCE I WINDWOOD CONSTRUCTION INC
NOW SCHARBROUGH 12655 SW NORTH DAKOTA 5T
10050 SW 92ND TIGARD,OR 97223
PORTLAND,OR 97223
1 S126DD-02901 35AA-0720
TRUJILLO ROQUE& WIN CONSTRUCTION INC
QUEZADA JESUS 126 ORTH DAKOTA ST
9990 SW 90TH AVE ARD,OR 23
PORTLAND,OR 97223
1S126DC-05503 1S135AA-01001
VANDERYACHT MARK S& WOLF MARTIN J 8 GINA K
MARY E 2550 SW OAKWOOD CT
9125 SW LOCUST ST ALOHA,OR 97006
TIGARD,OR 97223
1S126DC-02801
VAUGHAN GREG
9055 SW CORAL ST
TIGARD,OR 97223
15135AA-00805
VO VIEN T 8
NGUYEN CAM VAN
10181 SW JEFFER50N ST
TIGARD,OR 97223
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Nathan and Ann Murdock
PO Box 231265
Tigard, OR 97281
Sue Rorman
11250 SW 82�d Avenue
Tigard, OR 97223
Naomi Gallucci
11285 SW 78�Avenue
Tigard, OR 97223
Michael Trigoboff
7072 SW Barbara Lane
Tigard, OR 97223
Brad Spring
7555 SW Spruce Street
Tigard, OR 97223
Alexander Craghead
12205 SW Hall Boulevard
Tigard, OR 97223-6210
David Chapman
9840 SW Landau Place
Tigard, OR 97223
John Frewing
7110 SW Lola Lane
Tigard, OR 97223
CPO 4B
16200 SW Pacific Highway, Suite H242
Tigard, OR 97224
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CITY OF TIGARD - EAST CIT SUBCOMMITTEE �i:lcurpin\setupllabelslClT East.doc) UPDATED: 23-Feb-04
Jul 31 04 09: 42p Mu�oh� 5n�9681674 p. l
CITY Of TiGARD
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIYiSION
13125 SW HALL BOULfYARD CtTY OFTiOARD
TIGARD, OREGON 97223 Coramunity�Developmerst
ShapirrB A�etterQommunity
PHONE- 503-634-4111 FAX: 503-b84-7Z97 (Attn: Patty/Planning)
� � �(' O � OO Qp�jDOoa o fl � �E� �
Property owner information is valid for 3 m�nths from the date of your request
INDICATE ALL PROJECT MAP & TAX LOT NUMBERS (i.e. 1s134Ae, Tax�ot 00100) OR THE
ADDRESSES FOR ALL PROJ CT PARCELS BELOW:
� :� �
� o �' a uh d d� o �r [.acw
f � !3� A�� Ad!D� (�/�(ett4Qr ,F'I�e�leti�urv S o� � �_
INDICATE WHETHER YOU ARE REQUESTING 1, 2 OR 3 SETS OF LABELS:
(NOTE: A minimum of 2 sets of labels wiil be provided (unless only holding a neighbofiood meeting at this lime) fo place on
your 2 sets of envelopes that applicants are required to submit at the time of applicaGon submittal. If a neighborhood
meeting is reqttired and you have nvt yet held that meeting, you can request 3 sets provided your land use application will be
submiited and deemed complefe by the Pianning Division within 3 months from this request.)S.O�• 3��"�67 7 �c��
NAME OF CONTACT PERSON: �l M u r���_ PHONE: _ S�� " �Z y�y(25
This request may be mailed, axed or and delivered to the City of Tigard. Please allow a
2-day minimum for processing reques�s. Upon completion of your request, the contact person will be
called #o pick up their request that will be placed in "Will Ca(P' by their iast name, at the Community
Development Reception Desk. _
The cost of processing your request must be paid at the fime of pick up, as exact cost can not be
pre-determined.
PLEASE NOTE: FOR REASONS OF ACCURACY, ONLY ORIGINAL MAILING LABELS PROVIDED
BY THE CITY VS. RE-TYPED MAILING LABELS WILL BE ACCEPTED.
Cost Descrip6on:
$11 to generate the mailing list,plus$2 per sheet for printing the list onto labels(20 addresses per sheet).
Then, multi the cost to rint one set of labels b the number af sets uested.
EXAMPLE COST FOR TNIS REQUEST
4 sheets of labels x$2/sheet= 8.00 x 2 sets= $16.00 �sheet(s)of labels x$2/sheet=$ %�x � sets= :��c?
2 sheets of labels x$2/sheet for CIT area x 2 sets=$ 4.00 �sheet(s)of labels x$2/sheet for CIT area=�x���
GENERATE LIST =$11.00 GENERATE IIST
TOTAL =$31.00 ;:��r ` '�
TOTAL -��I
� �
Exhibit `K'
C C1 1�'N F_ R S �T O N E.. CORNERSTONE MANAGEMENT GROUP.INC.
_ ',< I � _ '! ,q, " �;U�?f 3;r'
' � i-�:�.=.`1HhJD Ci�, -�iPJ Ji�39
i1H 5!).i "5 ti1D8
�=;t r�'} ;'95 1�9fi
NEIGHBORHO�D MEETING NOTICE
Conditional Use Permit application for
Metzger Elementary School Play Fields
The Tigard-Tualatin School District intends to apply for a Conditional Use Permit (CUP} for
Phase II of the Metzger Elementary School. Prior to applying to the City of Tigard for
approval of the CUP modification, representatives of the School District would like to
discuss the proposal with the surrounding property owners and residents, and any other
interested citizens. You are invited to attend an informational meeting on:
DATE: AUGUST 19, 2004 7:00 P.M.
LOCATION: METZGER PARK HALL MEETING ROOM
ADDRESS: 8400 SW HEML�CK STREET (NEAR SW HALL BLVD.
AND HEMLOCK ST.), PORTLAND, OR
Explanation. Phase II of the new Metzger Elementary School involves expansion of the play
field area to the north of the new school building, adjacent to SW Locust Street. The area
involves the three parcels where the three existing homes on the south side of Locust Street,
between SW 90`�' Avenue and SW Lincoln Avenue, are (or were) located. This area will be
turned into ball fields, as shown on the attached drawing.
Before submitting the CUP application to the City of Tigard, the School District is required
by the City to hold a neighborhood meeting to explain the proposal to interested citizens and
solicit their comments. (Later, you will receive a notice from the City informing you about
the public hearing on this application.) Please note that this will be an informational
meeting on preliminary plans. These plans may be altered prior to the submittal of the
application to the City. If you have any questions or comments, please come to the
informational meeting, or contact me at one of the places listed below.
CONTACT: Greg Philo, Cornerstone Management Group, Inc.
ADDRESS: 5331 SW Macadam Ave., Suite 377, Portland, Oregon 97239
PHONE NUMBER: 503-295-0108
FAX NUMBER: 503-317-3295
E-MAIL: gregp@cornerstonemgi.com
,.�}c. ::FS`�FUi iE�;=UVI'�� :al;l;C;l_�.�F�ULN1�201EC1S.
AUG-04-04 09:32A� FRO�-SLX 503-224-4836 T-115 P.02/02 F-181
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MINUTES
Metzger Elementary School �all Fi�ids
Neighborhood Me�ting
August 19, 2004
The meeting started at 7:00 P.M. at the Metzger Park Community Building. Representing the
Tigard-Tualatin School District were Xavier Rueda (SLX), and Ed Murphy (Ed Murphy d�
Associates). Three neighbors nttended. A sign-in sheet is nttached.
Sun+mnry of issucs discussed:
■ Houses removed from the site - where they were going to be moved, and when.
■ Concern about the loss of low-income housing stock with the removnl of the three homes.
• Trees- how marry may be removed, and which ones; impact on trees of widening
sidewalk/planter strip.
• Lighting the ball fields.
■ Fencing and street trees proposed along Locust Street.
■ Extension of SW Lincoin Avenue through to Oak Street.
■ Procedural concerns about the School District removing the homes prior to n Conditional
Use Permit being approved for the bnll fields.
�d Murphy and Xavier discussed the reasons for the Conditional Use Permit upplicntion nnd
the schaol's plans for the area, explained the pr�ocess o� npprovul, and reviewed drawFr�gs
showtng the p{nr�ned improvemeMts. TFtey ex�lnfned thcrt the baEE fields woc�ld not hatie
light'rng. There was discuss'rart ab�ut the neet�far Lincofn Avenue ta be cannected through
to Eyak Str+eet.
The meeting was adjourned at approximatefy 7:I5 P.NI.
e�murptYqbY,associates/ttsdlinetzgerineighi�nnt�minutes/'L4iC73 1
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. �,� � .`..:: � : PRE�APPLICAYIQN �
-� ; � CQNFEREN�E REQUEST
CITY':'OF�TtGY�tD� i31Z5 SW HaN BMd., T'�ard, OR 97223(503)639-4179 FAX:(503)684-7297
GEN RAL�NF ATION
— p F S ON �
�Plicant: � '� uct a Sc�t ����Z:
' , P(�Laoo� . >o�l
AddreBs• /.; Phon�:�'3° Y�1'��i� Case No.:_ - L�_
C��"yy? aeceipt No.:
��y; �� >�n��, rl2 z�' qpplicstion AcCepted 8y: � `
Gontact Person' S v� 'Q Phone:��3����'ll�� Date: � - 3 a - o
'_`'`�.�.`_ � 4 -�8��'C
p�cporty Owncr/Deed Holder(s):_ T��
DATE OF PRE-APP,:
TIME OP PRE-APP.• / O= o O
4 7 �'
Add�esa;� ��_�s Q����—=P�t°' PRE-APP.HEL.D WrTH:
C11y: Zlp: Rw.7�+�oa �:�cu�pnvn+�ara�wetdoc
Property address/tacation(�): �� - �I �� �'��'�
��G u 5�.� t��oulREn st�eMiTTAI E�EME TS
- (Not�: applknlons wilt not b�uc�pted
' without tho roquired aubmittal avm�s)
• Tax Map 8;ax Lot#(s):,l� /Z S f'��C90 ZvZ, 2v�, s� Z��
[� pre.ApplicaBon Conf.Rsquest Form
Zoning: i rOPIE3 .E��-OW1NGs
Sfte Size: G m 8� C Q' 8rief Deecriptjon of the Proposal and
any sile-apccitic queatlon�ssues that
p pp TI ONF NC INFOR TI �oou�m�t`�have steff researd�
A8 0! the i�formetion idenUfied on this form PIa �uir�w �� C`� Site Plan. Ths sfte plan must al�ow the
cubmitted by ths appiicant and reCeived by the 0 proposed lots andlor bu�ding leyouts
minim o rb� s � drawn to scale. Also, show the tocatiori
nn•.�r ol{C�tion co�terence date/ti� ta allow statf amP�e U� � of the subject property(n re�adon to the
prepar,for th�meetinp. nearest streets; end the IoCatrons of
drive�raYs on th� subject v►operty and
q pro-application conhrence can usually be scheduled- yti�in 1-2 - across it+tstreet�,
weeks of the Pl�nniny Division's receipt of the request for either The Proposed Usas.
Tuesda or Thursdav momintu Pre-appiication Conferenc@s ar� Q�
r lo�� er►d aro typically held between the hours of � TopographiC InformaC+on- �+�clude
��.1 y:�q� Contour Linee if Poseib{e.
pRE-APP�iCATtON CONM�ERENCES MUST 8E SCHEDULED (N ❑ �f � Pfe'APP��cation Cont�rence is for
a MQ� P�O�E_ pro)ect, fhe applicant
PERSON AT TIiE COMMUNRY DEVELOPMENT COUNTER FROM must 8ttach a copy oi the letter and
a:00�4:00lMONDAY-FRIDAY. proof in the farm of en a�fdavit ot
malling,that the conocation protocd wa:
1F MORE THAN 4 PEOPLE ARE EXPECTED TO ATTEND THE completed (see Sectfo� 18.798.080 of
PRE•APPL.ICATtON CONFERENCE IN YOUR C3ROUP� PLEASE {�� rg�d Gammurtity Deve�opme�t
INf4RM THE C1TY 1N ADVANCE SO YNAT ALTERNATE ROOM C�e).
pRRANGEMENTS CAN BE MAE?t �O AC60MMODATL THE �, F����Fee S286.00
GROUA.
I
. - J l.11
224 SW FIRST AVENUE POATLAND,OAEGON 97204
T I 503 224.01 73 F � 503.224.4836
X. E. Rueda
x@slxarchitects.com
�
� ♦�♦ �.D MURPHY & ASSOCIATES
. � La�zd Use P(a���zi�zq a�i�l DeT�c(ol�me�tt S�r�����c��s
]uly 30, 2004
Margan Tracy
Department of Community Development
City of Tigard
13125 SW Half Bivd.
Tigard, Oregon 97223
RE: NFetzger E{ementary -- Expansion of a Cor�ditional Use Permit
Dear Mr. Morqan:
With this letter I am submitting three copies of a site plan for the expansion of the
Metzger Elementary School onto the three adjoining parcels. The School District has
acquired these parcels after the Canditional Use Rermit was approved for the new Metzger
Efementary Schoo( in May, 2003. The District pfans to remove the homes and conver[ the
area into a play field, as shown on the attached site plan.
I am also submitting a capy af the tree assessment report, a letter revlsing the
Metzger Elementary School tree ptan, a copy of the Metzqer Etementary Schoof Site Ptan, a
tax assessor's map, a zoning map, and an aerial photo of the site.
As we discussed, there may be a need to modify the site plan or conditions of
approva{ for Metzger E1err�entary sehool (CUP 2403-00003}. We wou{d {ike to process any
changes tF�at may be needed for the previousfy approved CUP concurrentty with this new
CUP application.
We assume that SW Locust Street witl need to be improved along the frontage of
these parcets 18 feet from centerline to curb, with a 6`-wide concrete sidewafk and street
trees. The impervious surface area wili be decreased. There will not be an increase in
students or teachers, so the trips generated will actually be reduced as well. The three
existirtg driveways v€€ locust will be etiminated.
If there is anything efse that you need before the preapplication meeting, pfease let
me know. Thanks Morgan.
Sin r ly,
� �/�- C --�
Ed Murphy, AICP �
cc. Richard Rainone and Greg Philo, Cornerstone Construction Management
��8�; SW Murrtock St. Tigar�i, Oreqon g7��4
/ Yhone So3. 6ag.46zs /Celdular 503. 3�4.06�� /Fax So3. g68.�674
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. � ._. . .. - -. ._::�:l��.�.::..y:!��:. . .r3�T�i"`aroe�:.3�ier�.=..,.�a.----� � - .
. HALSTEtiv'S
A R BO R I C U LT U R E ��Specialists in the care and
� preservation of trees"
CONSULTANTS, INC.
�� David Halstead,Consultant,B.S.
Phillip Whitcomb,Consultant
♦ P.O. Box 1182•Tualatin,OR 97062 Cornerstone
�' (503)245-1383
JUL 1 9 2004
July 15, 2004
r
�
ATTN.: Mr. Greg Philco
Comer Stone Construction Management, Inc.
�, 5331 SW Macadam Avenue
Suite 377
/ Portland, OR 97239
Ph 503.295.0108
FX 503.295.1896
� , _� Reference: Revision
Location: Metzger School, Tigard, Qregon
Subject: Douglas Fir Tree#253 _,
� Please refer to HAC, Inc. Metzger School main campus report dated February 2,
�r 2003, August 8, 2003, August 18, 2003 and the July 14, 2004, Tree Assessment
,. � Report for the property located at 9080, 9100 and 9140 SW Locust Street.
'� Due to the acquired 9080, 9100 and 9140 SW Locust Street property and the
� , redesign of the original Metzger School main campus site plan to include a
baseball field, Tree Numbered 253, a Douglas-fir tree, assigned to be preserved,
will need to be removed because of its location within the proposed baseball
field.
�
!�& The removal of the Douglas-fir tree will change the percentage of preserved
i trees, but will not change the mitigation percentages and no action will be
needed.
. �
Sincerely,
� �� ����
David Halstead BS CA
l
�,
I
Email: hac�spiritone.com
www.halsteadsarboricu Itu re.com
CCBN 0068646
. �,
PRE-APPLICATION CONFERENCE NOTES
➢ ENGINEERING SECTION Q �o'�'�'nn�e�°e'��t
Skapiag�BetterCvmmunity
PUBLIC FACILITIES Tex Map[Sl: 1S135AB
Tex LoliSl: 202,103,204
OS6 i�IpC: CUP
The extent of necessary public improvements and dedications which shall be required of the applicant
will be recommended by City staff and subject to approval by the appropriate authority. There will be
no final recommendation to the decision making authority on behalf of the City staff until all concerned
commenting agencies, City staff and the public have had an opportunity to review and comment on
the application. The following comments are a projection of public improvement related requirements
that may be required as a condition of development approval for your proposed project.
Right-of-way dedication:
The City of Tigard requires that land area be dedicated to the public:
(1.) To increase abutting public rights-of-way to the ultimate functional street classification
right-of-way width as specified by the Community Development Code; or
(2.) For the creation of new streets.
Approval of a development app,�i�ti��or this site will require right-of-way dedication for:
�
� SW Locust Street to�feet ro centerline (additional R�W may be required at the intersections
of Locust/Lindcoln and Locust/90t" Avenue for the returns)
❑ SW to feet wn �u��E
l�ou�l ST- h�l A�aR C�ou�cTa�,
❑ SW to feet
❑ SW to feet
Street improvements:
� Half street imprpv�ments will be necessary along SW Locust Street, to include:
•7
� fee�o pavement from centerline
�
� concrete curb
� sto i sewers and other underground utilities
� -fooYconcrete sidewalk with planter strip �GoNd��lAT�o�1�
�
� street trees spaced per TDC
� street signs, traffic control devices, streetlights and a two-year streetlight fee.
❑ Other:
CR110F T16ARD Pre-Ap�flc�IM CNfer�o N�tes Pege 1�f 6
Ei��u•„q�•qror�n a.ctl•■
❑ street improvements will be necessary along SW , to include:
❑ feet of pavement
❑ concrete curb
❑ storm sewers and other underground utilities
❑ -foot concrete sidewalk
❑ street trees
❑ street signs, traffic control devices, streetlights and a two-year streetlight fee.
❑ Other:
❑ street improvements will be necessary along SW , to include:
❑ feet of pavement
❑ concrete curb
❑ storm sewers and other underground utilities
❑ -foot concrete sidewalk
❑ street trees
❑ street signs, tra�c control devices, streetlights and a two-year streetlight fee.
❑ Other:
❑ street improvements will be necessary along SW , to include:
❑ feet of pavement
❑ concrete curb
❑ storm sewers and other underground utilities
❑ -foot concrete sidewalk
❑ street trees
❑ street signs, traffic control devices, streetlights and a two-year streetlight fee.
❑ Other:
❑ street improvements will be necessary along SW , to include:
❑ feet of pavement
❑ concrete curb
❑ storm sewers and other underground utilities
❑ -foot concrete sidewalk
❑ street trees
❑ street signs, traffic control devices, streetlights and a two-year streetlight fee.
cm eF nsAno rro-nan�c�n.n cweronc.N.ca tio•2 a�
E�llu�rl�!����rdnl t�etln
, ❑ Other:
Aqreement for Future Street Improvements:
In some cases, where street improvements or other necessary public improvements are not currently
practical, the improvements may be deferred. In such cases, a condition of development approval
may be specified which requires the property owner(s) to provide a future improvement guarantee.
The City Engineer will determine the form of this guarantee. The following street improvements may
be eligible for such a future improvement guarantee:
(1.)
�2•)
Overhead Utilitv Lines:
❑ Section 18.810.120 of the Tigard Municipal Code (TMC) requires all overhead utility lines
adjacent to a development to be placed underground or, at the election of the developer, a
fee in-lieu of undergrounding can be paid. This requirement is valid even if the utility lines
are on the opposite side of the street from the site. If the fee in-lieu is proposed, it is equal to
$ 35.00 per lineal foot of street frontage that contains the overhead lines.
There are existing overhead utility lines which run adjacent to this site along SW
Prior to , the applicant shall either place these utilities underground, or pay the fee in-
lieu described above.
Sanitarv Sewers:
The nearest sanitary sewer line to this property is a(n) 8 inch line which is located Locust Street. The
proposed development must be connected to a public sanitary sewer. It is the developer's
responsibility to
Water Supqlv:
The Tualatin Vallev Water District (Phone:(503) 642-1511 provides public water service in the area of
this site. This service provider should be contacted for information regarding water supply for your
proposed development.
Fire Protection:
Tualatin Valley Fire and Rescue District (South Division) [Contact: Eric McMullen, (503) 612-7010]
provides fire protection services within the City of Tigard. The District should be contacted for
information regarding the adequacy of circulation systems, the need for fire hydrants, or other
questions related to fire protection.
Storm Sewer Improvements:
All proposed development within the City shall be designed such that storm water runoff is conveyed
to an approved public drainage system. The applicant will be required to submit a proposed storm
cm oF nsaRn Pro-aaa�ican.s c.�rerenc.Mna �age 3 a s
�,.i...„.�..�.n..a a.�tl..
. drainage plan for the site, s may be required to prepare a su' sin drainage analysis to ensure
�that the proposed system wii� uccommodate runoff from upstream �..�perties when fully developed.
Detention is required when the net, new impervious area exceeds 5000 sf.
Storm Water Qualitv:
The City has agreed to enforce Surface Water Management (SWM) regulations established by the
Unified Sewerage Agency (USA) (Resolution and Order No. 00-7) which requires the construction of
on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus
contained in 100 percent of the storm water runoff generated from newly created impervious surfaces.
The resolution contains a provision that would allow an applicant to pay a fee in-lieu of constructing
an on-site facility provided specific criteria are met. The City will use discretion in determining whether
or not the fee in-lieu will be offered. If the fee is allowed, it will be based upon the amount of new
impervious surfaces created; for every 2,640 square feet, or portion thereof, the fee shall be $210.
Preliminary sizing calculations for any proposed water quality facility shall be submitted with the
development application. It is anticipated that this project will require:
� Construction of an on-site water quality facility.
❑ Payment of the fee in-lieu.
Water quality is required when the net, new impervious surface area exceeds 1000 sf.
Other Comments:
All proposed sanitary sewer and storm drainage systems shall be designed such that City
maintenance vehicles will have unobstructed access to critical manholes in the systems. Maintenance
access roadways may be required if existing or proposed facilities are not otherwise readily
accessible.
TRAFFIC IMPACT FEES
In 1990, Washington County adopted a county-wide Traffic Impact Fee (TIF) ordinance. The Traffic
Impact Fee program collects fees from new development based on the development's projected
impact upon the City's transportation system. The applicant shall be required to pay a fee based upon
the number of trips which are projected to result from the proposed development. The calculation of
the TIF is based on the proposed use of the land, the size of the project, and a general use based fee
category. The TIF shall be calculated at the time of buildinq permit issuance. In limited
circumstances, payment of the TIF inay be allowed to be deferred until the issuance of an occupancy
permit. Deferral of the payment until occupancy is permissible o� when the TIF is greater than
$5,000.00.
Pay the TIF.
CRY OF T16ARD Pre-Appllcadon Co�eronce Notes Page 4 of 6
Es,lae�rl�e��r��a�t S�etl�e
PERM�TS ,
Public Facility Imqrovement (PFI) Permit:
Any work within a public right-of-way in the City of Tigard requires a PFI permit from the Engineering
Department. A PFI permit application is available at the Planning/Engineering counter in City Hall.
For more extensive work such as street widening improvements, main utility line extensions or
subdivision infrastructure, plans prepared by a registered professional engineer must be submitted for
review and approval.
The Engineering Department fee structure for this permit is considered a cost recovery system. A
deposit is collected with the application, and the City will track its costs throughout the life of the
permit, and will either refund any remaining portion of the deposit, or invoice the Permittee in cases
where City costs exceeds the deposit amount. NOTE: Engineering Staff time will also be tracked for
any final design-related assistance provided to a Permittee or their engineer prior to submittal of a PFI
permit application. This time will be considered part of the administration of the eventual PFI permit.
The Permittee will also be required to post a performance bond, or other such suitable security.
Where professional engineered plans are required, the Permittee must execute a Developer/Engineer
Agreement, which will obligate the design engineer to perform the primary inspection of the public
improvement construction work. The PFI permit fee structure is as follows:
NOTE: If an PFI Permit is required,the applicant must obtain that
permit prior to release of any permits from the Building Diuision.
Building Division Permits:
The following is a brief overview of the type of permits issued by the Building Division. For a more
detailed explanation of these permits, please contact the Development Services Counter at
503-639-4171, ext. 304.
Site Improvement Permit (SIT). This permit is generally issued for all new commercial,
industrial and multi-family projects. This permit will also be required for land partitions where lot
grading and private utility work is required. This permit covers all on-site preparation, grading
and utility work. Home builders will also be required to obtain a SIT permit for grading work in
cases where the lot they are working on has slopes in excess of 20% and foundation
excavation material is not to be hauled from the site.
Building Permit (BUP). This permit covers only the construction of the building and is issued
after, or concurrently with, the SIT permit.
Master Permit (MST). This permit is issued for all single and multi-family buildings. It covers all
work necessary for building construction, including sub-trades (excludes grading, etc.). This
permit can not be issued in a subdivision until the public improvements are substantially
complete and a mylar copy of the recorded plat has been returned by the applicant to the City.
For a land partition, the applicant must obtain an Engineering Permit, if required, and return a
mylar copy of the recorded plat to the City prior to issuance of this permit.
Other Permits. There are other special permits, such as mechanical, electrical and plumbing
that may also be required. Contact the Development Services Counter for more information.
CITY OF T16ARD Pro-Appdc�C�Msronce NHes P�ge 5 N 6
Ei��■••d■�M����n s�etla
GRADING PLAN REQUIREMENTS FOR SUBDIVISIONS
All subdivision projects shall require a proposed grading plan prepared by the design engineer. The
engineer will also be required to indicate which lots have natural slopes between 10% and 20%, as
well as lots that have natural slopes in excess of 20%. This information will be necessary in
determining if special grading inspections will be required when the lots develop. The design engineer
will also be required to shade all structural fill areas on the construction plans. In addition, each
homebuilder will be required to submit a specific site and floor plan for each lot. The site plan shall
include topographical contours and indicate the elevations of the corners of the lot. The builder shall
also indicate the proposed elevations at the four corners of the building.
PREPARED BY: 8 -�1 � ��
ENGINEERING DEPART ENT STAFF DATE
Phone: [5031639�4171
Fax: (50316240152
dowment4
Revised: September 2,2003
CITr OF T16ARD M'e-AppNe�tlw Caderopce N�tes Page 6�f 6
�a�i■•.n■��.r.re.•.�a.cu.�
CITY OF TIGARD
�.
PRE-APPLICATION C�NFERENCE N4TES �,�m�m�ttyAVeve(oQm�ent
SFrapinyli�BettesCommunity
(Pre-ApplicatiQn Meeting Nates are Yalid for Six (b) Months)
NON-RESIDENTIAL
�n�o� L���2�G�y
��� ��
APPLICANT: `�-le,�r„� I'ocu�, AGENT: _ Cc� �'1,���
Phone: (so 3)�t-3� - y e b� Phone: �sv 3)6 z y - �l . z S
PROPERTY LOCATION:
ADDRESS/GENERAL LOfATION: `��'��o- �1 r�o L���,✓��
TAX MAP(S)/LOT #(S): �5135/�'_ 002OZ, 2�2vy
NECESSARY APPLICATIONS: Gv�
PROPOSAL DESCRIPTION: c�,�,,�,,��- ;� s, ,T, �u�.t,�. c����i�.��-v 5��.,.,1 �s.�
COMPREHENSIVE PLAN
MAP DESIGNATION: L�w �t�s� ��5� ���-r�
ZONING MAP DESIGNATION: R� �I� S
CITIZEN INVOLVEMENT TEAM (C.I.T.)AREA:
iONING DISTRICT DIMENSIONAL REQUIREMENTS [Refer to Code Section 18. 51 � l
MINIMUM LOT SIZE:?,5�'�' sq. ft. Average Min. lot width:�ft. Max. building height:�S�> ft.
S�tbacks: Front Z� ft. Side�ft. Rear �5 ft. Corner��ft. from street.
MAXIMUM SITE COVERAGE: , % Minimum landscaped or natural vegetation area: � %.
[�NEIGNBORN000 MEETING [Refer to the Neigh6orhood Meeting NandouU
THE APPLICANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET, THE MEMBERS
OF ANY LAND USE SUBCOMMITTEE(S), AND THE CITY OF TIGARD PLANNING DIVISION of
their proposal. A minimum of two (2) weeks between the mailing date and the meeting date is
required. Please review the Land Use Notification handout concerning site posting and the meeting
notice. Meeting is to be held prior to submittinq vour application or the application will not be
accepted.
* NOTE: In order to also preliminarily address building code standards, a meeting with a Plans
Examiner is encouraged prior to submittal of a land use application.
CITY OF TIGARD Pre-Application Conference Notes Page 1 of 8
NON•Residential ApplicaGoNPlanarg Division SecGon
[�NARRATIVE [Refer to Code Chapter 18.3901
The APPLICANT SHALL SUBMIT A NARRATIVE which provides findings based on the applicable
approval standards. Failure to provide a narrative or adequately address criteria would be reason to
consider an application incomplete and delay review of the proposal. The applicant should review
the code for applicable criteria.
� 1MPACT STUDY [Refer to Code Sectiona 18.390.040 and 18.390.0501
As a part of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to INCLUDE
IMPACT STUDY with their submittal package. The impact study shall quantify the effect of the
development on public facilities and services. The study shall address, at a minimum, the
transportation system, including bikeways, the drainage system, the parks system, the water system,
the sewer system and the noise impacts of the development. For each public facility system and type
of impact, the study shall propose improvements necessary to meet City standards, and to minimize
the impact of the development on the public at large, public facilities systems, and affected private
property users. In situations where the Community Development Code requires the dedication of real
property interests, the applicant shall either specifically concur with the dedication requirement, or
provide evidence which supports the conclusion that the real property dedication requirement is not
roughly proportional to the projected impacts of the development.
�ACCESS [Refer to Chapters 18.705 e11d 18J65� A«-ys �+ v�-'���y c<K� �} c�j�c uc�c� �r�����. �.�sl�l c1 n+w•�+on
Minimum number of accesses: Minimum access width:�""� �° n�`�' ""��`5
Minimum pavement width: "'r� ��P° �-eX's}-,�y
i(nvt.wu,yti � yK r�nur/
All driveways and parking areas, except for some fleet storage parking areas, must be paved. �1.
Drive-in use queuing areas:
[� WALKINAYREQUIREMENTS [RefertoCodeSection18J05.0301 �[esc �,�� �«llw yyS�n����y� �.���-�;�.�,,e,�((
WALKWAYS SHALL EXTEND FROM THE GROUND FLOOR ENTRA�CES OR FROM THE y`�
GROUND FLOOR LANDING OF STAIRS, ramps, or elevators of all commercial, institutional, and P``"'��
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 should be constructed between a new development and
neighboring developments.
❑ SPECIAL SETBACKS [Refer to Code Chapter 16.7301
➢ STREETS: feet from the centerline of
➢ LOWER INTENSITY ZONES: feet, along the site's boundary.
➢ FLAG LOT: 10-FOOT SIDE YARD SETBACK.
❑ SPECIAL BUILDING HEIGNT PROYISIONS [Refer to Code Section 18.730.010.B.)
BUILDING HEIGHT EXCEPTIONS - Buildings located in a non-residential zone may be built to a
height of 75 feet provided that:
➢ A maximum building floor area to site area ratio (FAR) of 1.5 to 1 will exist;
➢ All actual building setbacks will be at least half('/z) of the building's height; and
➢ The structure wili not abut a residential zoned district.
� BUFFERIN6 AND SCREENING [Refer to Code Chapter 18.7451 nU� �P(����u��- `��h� °'�� s���'�"��5"''`�`��'c���,�
In order TO INCREASE PRIVACY AND TO EITHER REDUCE OR ELIMINATE ADVERSE NOISE
OR VISUAL IMPACTS between adjacent developments, especially between different land uses, the
City requires landscaped buffer areas along certain site perimeters. Required buffer areas are
described by the Code in terms of width. Buffer areas must be occupied by a mixture of deciduous
and evergreen trees and shrubs and must also achieve a balance between vertical and horizontal
plantings. Site obscuring screens or fences may also be required; these are often advisable even if
not required by the Code. The required buffer areas may o� be occupied by vegetation, fences,
utilities, and watkways. Additional information on required buffer area materials and sizes may be
found in the Development Code. / �,/ r
--S�iY,c+�l,�y r'�wy 6c. �G�j✓i�C(.� T"+��r�y� GV(�y�r��r�y� iYYw�(iun�.
CITY OF TIGARD Pre-Application Conference Notes Page 2 of 8
NON-Residential ApplicatioNPlanrorg Divisiai Section
The ESTIMATED REQUIRED BUFFER WIDTHS applicable to your proposal area are:
feet along north boundary. feet along east boundary.
feet along south boundary. feet along west boundary.
IN ADDITION, SIGHT OBSCURING SCREENING IS REQUIRED ALONG:
[�LANDSCAPING [Refer to Code Chapters 18.745,18.765 and 18.7051
STREET TREES ARE REQUIRED FOR ALL DEVELOPMENTS FRONTING ON A PUBLIC OR
PRIVATE STREET as welt as driveways which are more than 100 feet in length. Street trees must
be placed either within the public right-of-way or on private property within six (6) feet of the right-of-
way boundary. Street trees must have a minimum caliper of at least two (2) inches when measured
four (4) feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the
branching width of the proposed tree species at maturity. Further information on regulations
affecting street trees may be obtained from the Planning Division.
A MINIMUM OF ONE (1) TREE FOR EVERY SEVEN (7) PARKING SPACES MUST BE PLANTED
in and around all parking areas in order to provide a vegetative canopy effect. Landscaped parking
areas shall include special design features which effectively screen the parking lot areas from view.
These design features may include the use of landscaped berms, decorative walls, and raised
planters.
❑ RECYCLIN6 [Refer to Code Chapter 18.1551 n��'�-
Applicant should CONTACT FRANCHISE HAULER FOR REVIEW AND APPROVAL OF SITE
SERVICING COMPATIBILITY. Locating a trash/recycling enclosure within a clear vision area such
as at the intersection of two (2) driveways within a parking lot is prohibited. Much of Tigard is within
Pride Disposal's Service area. Lenny Hing is the contact person and can be reached at (503)
625-6177.
[� PARKING [Refer to Code Sectlon 18.765.0401
REQUIRED parking for this type of use: �U ' (<��y �s ����n �l�t ss'���"�, - n��c -�'�u��- Pu�`��-,�, rh Lt�s,,
Parking SHOWN on preliminary plan(s): �
SECONDARY USE REQUIRED pa�king:
Parking SHOWN on preliminary plan(s):
NO MORE THAN 50% OF REQUIRED SPACES MAY BE DESIGNATED AND/OR DIMENSIONED
AS COMPACT SPACES.
PARKING STALLS shall be dimensioned as follows:
➢ Standard parking space dimensions: 8 feet, 6 inches x 18 feet, 6 inches.
➢ Compact parking space dimensions: 7 feet, 6 inches x 16 feet, 6 inches.
Note: Parking space width includes the width of a stripe that
separates the parking space from an adjoining space.
Note: A maximum of three(3)feet of the vehicle overhang area in front of a wheel stop or curb can
be included as part of required parking space depth. This area cannot be included as
landscaping for meeting the minimum percentage requirements.
HANDICAPPED PARKING:
➢ All parking areas shall PROVIDE APPROPRIATELY LOCATED AND DIMENSIONED
DISABLED PERSON PARKING spaces. The minimum number of disabled person parking
spaces to be provided, as well as the parking stall dimensions, are mandated by the Americans
with Disabilities Act (ADA). A handout is available upon request. A handicapped parking space
symbol shall be painted on the parking space surface and an appropriate sign shall be posted.
➢ BICYCLE RACKS ARE REQUIRED FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL
DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and
in convenient locations.
[� LOADIN6 AREA REQUIREMENTS [Refer to Code Sectlon 18.165.0801 � ����� S�'�"',�
Every COMMERCIAL OR INDUSTRIAL BUILDING IN EXCESS O 10,000 SQUARE FEET shall be
provided with a loading space. The space size and location shall be as approved by the City
Engineer.
CITY OF TIGARD Pre-Application Conference Notes Page 3 of 8
NON-Residential ApplicalaNPlanrwg Division Section
� [►� BICYCLE RACKS [Refer to Code Section 18J651 a(�c�.� �ro,����(, ,,u,���,,,�, 41re�.�y c�:�u,►�1
BICYCLE RACKS are required FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL
DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in
convenient locations.
❑ SENSITIVE LANDS [Refer to Code Chapter 18.7151
The Code provides REGULATIONS FOR LANDS WHICH ARE POTENTIALLY UNSUITABLE FOR
DEVELOPMENT DUE TO AREAS WITHIN THE 100-YEAR FLOODPLAIN, NATURAL
DRAINAGEWAYS, WETLAND AREAS, ON SLOPES IN EXCESS OF 25 PERCENT, OR ON
UNSTABLE GROUND. Staff will attempt to preliminary identify sensitive lands areas at the pre-
application conference based on available information. HOWEVER, the responsibility to precisely
identify sensitive land areas, and their boundaries, is the responsibility of the applicant. Areas
meetinq the definitions of sensitive lands must be clearly indicated on plans submitted with the
development application.
Chapter 18.775 also provides regulations for the use, protection, or modification of sensitive lands
areas. RESIDENTIAL DEVELOPMENT IS PROHIBITED WITHIN FLOODPLAINS.
❑ STEEP SLOPES [Refer to Code Section 18.T15.080.C)
When STEEP SLOPES exist, prior to issuance of a final order, a geotechnical report must be
submitted which addresses the approval standards of the Tigard Community Development Code
Section 18.775.080.C. The report shall be based upon field exploration and investigation and shall
include specific recommendations for achieving the requirements of Section 18.775.080.C.
[� CLEANWATER SERVICES[CWSI BUFFER STANDARDS [Refer to R a 0 96,44/USA Regulations-Chapter 3l
LAND DEVELOPMENT ADJACENT TO SENSITIVE AREAS shall preserve and maintain or create a
vegetated corridor for a buffer wide enough to protect the water quality functioning of the sensitive
area.
Design Criteria:
The VEGETATED CORRIDOR WIDTH is dependent on the sensitive area. The following table
identifies the required widths:
TABLE 3.1 VEGETATED CORRIDOR WIDTHS
SOURCE: CWS DESIGN AND CONSTRUCTION STANDARDS MANUAURESOLUTION & ORDER 96-04
SENSITIVE AREA DEFINITION SLOPE ADJACENT 4 WIDTH OF VEGETATED
TO SENSITIVE AREA CORRIDOR PER SIDE
• Streams with intermittent flow draining: <25% 15 feet
1 10 to <50 acres
1 >50 to <100 acres 25 feet
• Existing or created wetlands <0.5 acre 25 feet
♦ Existing or created wetlands >0.5 acre <25% 50 feet
♦ Rivers, streams, and springs with year-round flow
♦ Streams with intermittent flow draining >100 acres
• Natural lakes and onds
• Streams with intermittent flow draining: >25% 30 feet
� 10 to <50 acres
� >50 to <100 acres 50 feet
• Existing or created wetlands >25% Variable from 50-200 feet. Measure
♦ Rivers, streams, and springs with year-round flow in 25-foot increments from the starting
♦ Streams with intermittent flow draining >100 acres point to the top of ravine(break in
♦ Natural lakes and ponds <25%slope), add 35 feet past the top
of ravineb
Starting point for measurement = edge of the defined channel (bankful Flow) for streams/rivers, delineated wetland boundary, delineated spring
boundary, and/or average high water for lakes or ponds,whichever offers greatest resource protection. Intermittent springs, located a minimum of 15
feet within the river/stream or wetland vegetated corridor,shall not serve as a starting point for measurement.
SVegetated corridor averaging or reduction is allowed only when the vegetated corridor is certified to be in a marginal or degraded condition.
sThe vegetated corridor extends 35 feet from the top of the ravine and sets the outer boundary of the vegetated corridor. The 35 feet may be reduced to
15 feet,if a stamped geotechnical report confirms slope stability shall be maintained with the reduced setbadc from the top of ravine.
CITY OF TIGARD Pre-Appl'�cation Conference Notes Page 4 of 8
NON-Residential AppGcationlPlannirg Divisan Section
Restrictions in the Veqetate Corridor:
NO structures, development, construction activities, gardens, lawns, application of chemicals,
dumping of any materials of any kind, or other activities shall be permitted which otherwise detract
from the water quality protection .provided by the vegetated corridor, except as provided for in the
CWS Design and Construcfion Sfandards.
Location of Veqetated Corridor:
IN ANY RESIDENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCELS or lots intended
for separate ownership, such as a subdivision, the vegetated corridor shall be contained in a
separate tract, and shall not be a part of any parcel to be used for the construction of a dwelling unit.
� CWS Service Provider Letter:
PRIOR TO SUBMITTAL of any land use applications, the applicant must obtain a CWS Service
Provider Letter which will outline the conditions necessary to comply with the R&O 96-44 sensitive
area requirements. If there are no sensitive areas, CWS must still issue a letter stating a CWS
Service Provider Letter is not required.
❑ SIGNS [Refer to Code Chapier 18.7801
SIGN PERMITS MUST BE OBTAINED PRIOR TO INSTALLATION OF ANY SIGN in the City of
Tigard. A "Guidelines for Sign Permits" handout is available upon request. Additional sign area or
height beyond Code standards may be permitted if the sign proposal is reviewed as part of a
development review application. Alternatively, a Sign Code Exception application may be filed for
Director's review.
[v]�TREE REMOYAL PIAN REQUIREMENTS [Refer to Code Sectlon 18.790.030.CJ
A TREE PLAN FOR THE PLANTING, REMOVAL AND PROTECTION OF TREES prepared by a
certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a
development application for a subdivision, partition, site development review, planned development,
or conditional use is filed. Protection is preferred over removal where possible.
THE TREE PLAN SHALL INCLUDE the following:
➢ Identification of the location, size and species of all existing trees including trees designated
as significant by the City;
➢ Identification of a program to save existing trees or mitigate tree removal over 12 inches in
caliper. Mitigation must follow the replacement guidelines of Section 18.790.060.D according
to the following standards and shall be exclusive of trees required by other development code
� provisions for landscaping, streets and parking lots:
�y�`� J��o,�`'` � Retainage of less than 25% of existing trees over 12 inches in caliper requires a mitigation
y�^ 1��,�� program according to Section 18.150.070.D. of no net loss of trees;
� v�`� �1 ► Retainage of from 25 to 50% of existing trees over 12 inches in caliper requires that two-
� � ti� thirds of the trees to be removed be mitigated according to Section 18.790.060.D.;
v.��"'� � Retainage of from 50 to 75% of existing trees over 12 inches in caliper requires that 50°/a
of the trees to be removed be mitigated according to Section 18.790.060.D.;
� Retainage of 75% or greater of existing trees over 12 inches in caliper requires no
mitigation;
➢ Identification of all trees which are proposed to be removed; and
➢ A protection program defining standards and methods that will be used by the applicant to
protect trees during and after construction.
TREES REMOVED WITHIN THE PERIOD OF ONE (1) YEAR PRIOR TO A DEVELOPMENT
APPLICATION LISTED ABOVE will be inventoried as part of the tree plan above and will be
replaced according to Section 18.790.060.D.
[�MITIGATION [Refer to Code Sectlon 18.190.060.EJ
REPLACEMENT OF A TREE shall take place according to the following guidelines:
➢ A replacement tree shall be a substantially similar species considering site characteristics.
➢ If a replacement tree of the species of the tree removed or damaged is not reasonably
available, the Director may allow replacement with a different species of equivalent natural
resource value.
CITY OF TIGARD Pre-Applica6on Conference Notes Page 5 of 8
NON-Residential AppNcationlPlannirg Division Section
� ➢ If a replacement tree of the size cut is not reasonably available on the local market or would
not be viable, the Director shall require replacement with more than one tree in accordance
with the following formula:
� The number of replacement trees required shall be determined by dividing the estimated
caliper size of the tree removed or damaged, by the caliper size of the largest reasonably
available replacement trees. If this number of trees cannot be viably located on the
subject property, the Director may require one (1)or more replacement trees to be planted
on other property within the city, either public prope�ty or, with the consent of the owner,
private property.
➢ The planting of a replacement tree shall take place in a manner reasonably calculated to
allow growth to maturity.
IN LIEU OF TREE REPLACEMENT under Subsection D of this section, a party may, with the
consent of the Director, elect to compensate the City for its costs in performing such tree
replacement.
❑ CLEAR YISION AREA [Refer te Code Chapter 18.7951 1�/<<
The Cit requires that CLEAR VISION AREAS BE MAINTAINED BETWEEN THREE �3) AND
EIGHT �8) FEET IN HEIGHT at road/driveway, road/railroad, and road/road intersections. he size
of the required clear vision area depends upon the abutting street's functional classification and any
existing obstructions within the clear vision area.
❑ ADDITIONAL LOT DIMENSIONAL REQUIREMENTS [Refer to Code Section 18.810.0601
MINIMUM LOT FRONTAGE: 25 feet unless lot is created through the minor land partition process.
Lots created as part of a partition must have a minimum of 15 feet of frontage or have a minimum
15-foot wide access easement.
The DEPTH OF ALL LOTS SHALL NOT EXCEED 2'h TIMES THE AVERAGE WIDTH, unless the
parcel is less than 1'h times the minimum lot size of the applicable zoning district.
COD�CHQPTERS
✓ 18.330(Conditiona�use) 18.620(1-gard Triargle oesign standards) '/ 18.765(ottstreet Parkirx,�ILoading Requiremenls)
_ �$.�O(Diredors Interpretation) 18.630(Washirgton Square Regiona�Center) _ 18.775(Sensitive�ands Review)
_ 18.350{P�anr�ed�eve�opment) �18.705�Aoce�y�cu«,�r�� _ 18.780�sgr��
✓ 1 H.36O(Site Devebpment Review):�o�dnys 18.71 O(Accessory Residential Uni�s) 18.785 Remporary use Perm�.$)
� 18.370(variances�,od�ustrnen�{""`�"��"r`�`� 18.715���y comr��� � 18.790(rree Removaq
_ 18.380(zoning Ma�ext amendments) 18.720(oesiyn�omPati�ity sta�da�ds} - 18.795(v�sua���earanoe Areas)
18.385�r�oe��Pe�� �8.�25(Environmental Perfomiance Standards) 18.798 Mr�c«►�,��bo�,F����
? 18.390��,n��P�o�a���n�sh,ay� �H.�3O(Exceptions To Devebprt�ent Shandards) � 18.810(sveet&ue7ty�mProvement standards)
_ �5.4�O(Lot Line Adjustrnenls) 18.740�H�o�;�o��y►
_ 18.420(�ane Partitans) �8.74Z(Home Occupation Permits]
18.430�s�,�a�� � 18.745(tzndsca��s«eeni�standards)
? 18.510(Residentia�zoniny�istricts) 18.750(Manutacturedn�oea Home Re9u�ations)
_ 18.520�co��i zo���a�� 18.755�n��d soua w��m�d�s�e�
_ 18.530 pndustria�zoni�oistricts) 18.760(Noncon�orm�srtuata�s)
CITY OF TIGARD Pre-Application Conference Notes Page 6 of 8
NON-Re,sidential AppGc�oNPlanning Dirisan Section
ADDITIONAL CONCERNS OR COMMENTS:
( �cln SGca !� orti, U u� /
Q c� �V rcc,�s n /' ��.oc� t
� J r' /�, L✓ a✓� o� u � e �
�I
t�wi�✓a� �N
PROCEDURE
Administrative Staff Review.
� Public hearing before the Land Use Hearings Officer.
Public hearing before the Planning Commission.
Public hearing before the Planning Commission with the Commission making a
recommendation on the proposal to the City Council. An additional public hearing shall be
held by the City Council.
APPLICATI011 SUBMITTAL PROCESS
All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the
Community Development Department at Tigard City Hall offices. PLEASE NOTE: Applications
submitted by mail or dropped off at the counter without Planninq Drvision acceptance may be
returned The Planninq counter closes at 4:00 PM.
Ma s submitted with an a lication shall be folded IN ADVANCE to 8.5 b 11 inches. One 1
8 2" x 11" map o a proposed protect should e submitted or attachment to the sta repo�t or
administrative decision Application with unfolded maps shall not be accepted.
The Ptanning Division and Engineering Department will perform a preliminary review of the
application and will determine whether an application is complete within 30 days of the counter
submittal. Staff will notify the applicant if additional information or additional copies of the submitted
materials are required_
CITY OF TIGARD Pre-Appl�cation Conference Notes Page 7 of 8
NON-Residen9al Appicalio�uPlanrirg Division Section
The administrative decision or public hearing will typically occur approximately 45 to 60 days after an
application is accepted as being complete by the Planning Division. Applications involving difficult or
protracted issues or requiring review by other jurisdictions may take additional time to review.
Written recommendations from the Planning staff are issued seven (7) days prior to the public
hearing A 10-day public appeal ,period follows all land use decisions. An appeal on this matter
would be heard by the Tigard L�� C,��n� �, � . A basic flow chart
which illustrates the review process is vailable from the Planning Division upon request.
Land use ap�lications requiring a public hearing must have notice posted on-site by the
applicant no less than 10 days prior to the public hearing.
This PRE-APPLICATION C�NFERENCE AND THE NOTES OF THE CONFERENCE ARE
INTENDED TO INFORM the prospective applicant of the primary Community Development Code
requirements applicable to the potential development of a particular site and to allow the City staff
and prospective applicant to discuss the opportunities and constraints affecting development of the
site.
BUILDING PERMITS
PLANS FOR BUILDING AND OTHER RELATED PERMITS WILL NOT BE ACCEPTED FOR
REVIEW UNTIL A LAND USE APPROVAL HAS BEEN ISSUED. Final inspection approvals by
the Building Division will not be granted until there is compliance with all conditions of
development approval. These pre-application notes do not include comments from the
Building Division. For proposed buildings or modifications to existing buildings, it is
recommended to contact a Building Division Plans Examiner to determine if there are
building code issues that would prevent the structure from being constructed, as proposed.
Additionally, with regard to Subdivisions and Minor Land Partitions where any structure to be
demolished has system development charge (SDC) credits and the underlying parcel for that
structure will be eliminated when the new plat is recorded, the CitYs policy is to apply those system
development credits to the first buildingpermit issued in the development (UNLESS OTHERWISE
DIRECTED BY THE DEVELOPER AT THE TIME IN WHICH THE DEMOLITION PERMIT IS
OBTAINED).
e con erence an notes cannot cover a o e requirements an aspec s re a e , to
site planning that should ap ply to the develo p.ment of your site plan. Failure of the staff to provide
information required by the Code shall not constitute a waiver of the applicable standards or requirements.
It is recommended that a prospectiye applicant either obtain and read the Community Development Code or
ask an questions of Cit staff relative to Code re uirements prior to submittin an a plication.
AN ADDITIONAL PRE-APPLICATION FEE AND CONFERENCE WILL BE REQUIRED IF AN
APPLICATION PERTAINING TO THIS PRE-APPLICATION CONFERENCE IS SUBMITTED AFTER A
PERIOD OF MORE THAN SIX (6) MONTHS FOLLOWING THIS CONFERENCE (unless deemed as
unnecessary by the Planning Division).
PREPARED BY: � �'u.
fITY OF TIGARD PIANNI G DIYISION - STAfF PERSON HOLDING PRE-APP. MEETING
PNONE: (503) 639-4111 FAX: (503) 684-7297
E-MAIL• (sw�'s�rst n�mel@ci.tigard.or.us
TITLEI8(CITY Of TIGARD'S COMMUNIn DEYELOPMENT fODE)IHTERNETADDRESS: INWW.CI.agard.01'.US
H:IpattylmasterslPre-App Notes Commercial.doc Updated: 3-Oct-02
(Engineering section:preapp.eng)
CITY OF TIGARD Pre-Application Conference Notes Page 8 of 8
NON-Resdential ApplicationiPlanning Division Section
� HALSTEAD'S
A R B O R I C U LT U R E ��S prelsesvation of t eesand
CONSULTANTS, INC.
�` David Halstead,Consultant,B.S.
Phillip Whitcomb,Consultant
� P.O. Box 1182•Tualatin,OR 97062
� (503}245-1383
July 14, 2004
� ATTN.: Mr. Greg Philco
� Comer Stone Construction Management, Inc.
5410 SW Macadam #250
Portland, OR 97201
�
� Ph 503.317.3295
FX 503.295.4585
Reference: Tree Assessment for Proposed Development
Location: Metzger School, 9080-9140 Locust Street
� Tigard, Oregon
� ' - Subject: Tree Survey/Mitigation Report
With your approval, I have inspected the site, site plan and the trees for the
� proposed project located at 9080, 9100 9140, Locust Street, Tigard, Oregon. The
purpose of this inspection was to identify and evaluate the preservation potential
� of all trees twelve inches in trunk diameter(measured at four feet above ground)
'' � and larger under the forthcoming construction in accordance with the City of
,, Tigard's Tree Ordinance Chapter 18.150.
� ' � I have tagged and numbered all trees, both in the field and in this report that will
be affected by construction development using JK96961 through JK96970 series
' tags for easy identification. For this report, only the last three digits will be used.
� The first numbered tree starts on the southeast comer of Lot 9080 and Zig Zags
towards the west.
� TREE ASSESSMENT
� � There are a total of ten (10) trees located within the project boundaries. Six (6) of
these trees are under are less than twelve inches in trunk diameter measured at
four feet above ground and are not required to be part of the City of Tigard's
"Tree Mitigation Identification Program." (See individual tree work sheets).
This leaves a residual of four(4) trees within proposed hardscape boundariss
that are finrelve inches in trunk diameter and larger that are required to be part of
the City of Tigard's "Tree Mitigation/Identification Program".
I
I
����D� �u-�o������-�
Email: hac�spiritone.com
www.halsteadsarboriculture.com — — - --- ---
ccB#oosasas
Page 2
Reference: Tree Assessment for Proposed Development
Location: Metzger School, 9080-9140 Locust Street
Tigard, Oregon
Subject: Tree Survey/Mitigation Report
TREE ASSESSMENT CONTINUED:
These four(4) remaining trees that are over twelve inches in trunk diameter
measured at four feet above ground are hazardous and need to be removed.
This leaves zero (0) preservable trees within the proposed site.
Hazardous trees are as follows:
Due to this area being used as a school grounds immense care was taken in
establishing the safety of the trees.
Hazardous tree within the qroposed site over 12" in diameter at 4.5 feet above
ground are numbered:
Tree#: 961, 964, 965 and 967.
Trees that will be preserved are as follows:
There are no preservable tree within the proposed hardscape over 12" in
diameter at 4.5 feet above ground.
Preservable tree boarding the east proposed site that are over and less than
12" in diameter at 4.5 feet above ground will require a "Tree Care and
Preservation Program".
Amount of Preservable Trees Retained = 100% (4/5`100)
"Retained percentage of 75% or greater of existing trees over 12 inches in caliper
requires no mitigation" according to City Ordinance 18.150.025—2b.
Tree Care and Preservation Guidelines:
Before construction begins, the east neighboring trees root zones will need to
be protected by the installation of orange colored Tree Protection Fencing out to
the canopy dripline of preserved tree including the west.
I
Page 3
July 14, 2004
Reference: Tree Assessment for Proposed Development
Location: Me�ger School, 9080-9140 Locust Street
Tigard, Oregon
Subject: Tree Survey/Mitigation Report
Tree Care and Preservation Guidelines:
Before construction begins, preserved tree root zones will need to be protected
by the installation of orange colored Tree Protection Fencing out to the canopy
dripline of preserved tree including the west neighboring trees.
Fencing needs to be attached to 7-foot tall steel fence posts placed eight feet
apart on center forming a protective line around the preserved trees and fence
posts need to be securely anchored in the soil to a depth of two feet. The
fencing, as described, wiil need to be maintained throughout the entirety of the
project.
Before work starts within the protected area and/or if the fencing needs to be
adjusted due to hardscape construction, it will first require the approval of the
consulting arborist and then be supervised on-site.
If I can be of further assistance and/or if more technical information is needed,
please contact me immediately.
Sincerely,
�._:.. �� �
._.�:�� �..���::J
James Lowery PNWC#1808
David Halstead BS, CA
�
�
ltee� S� e� f, _ . -
y i�,Xi��- ���d
DBbk � �d��H v y��:.DGL,��� .
n Fo�m: O generaly symmeMc O nor asymmetry Qkrra��or esymmeUY 0 stump sprouc �stag-headed .
�, ra e y
� r CroMm eta� � dominarrt a-dominant O intem►ediate ❑suppressed � �
p,� ,��. 3 /�
� l.i�e aorra rdtta o v 9'o Age daa� �young ❑semFinature mature 0 oveNmaturdsenesceM
Prnnieg hisiory: ❑cmMm d�ed ❑e�a�ely ih�ned �topped raised ❑poNarded ❑aown reduced 0 flush cuts ❑c�ledlb�a
❑none O mu�ple p�a�no e� Ap�ax.d�
SpeeNar Valu� ❑�imen ❑herita9evhisbo�ic ❑wilyd6(e �unusual ❑street fiae O screen ❑iadigenous ❑protectad h�l 9�
��� �
Folia�e�: 0 riormal ❑neaotic �lewwkst Y �' 6�wr� ,
or
�,�a��,: a�o� � �: ❑� ❑� ❑�� ❑signs ❑c�bles
A�al s6sot gro�rfk O e�t 6d average � r 1Mf��ie6�lf1 Y N 0 curb/pavement O guards
Wonnd�raod�laralop� �excdtent �poor ❑none ❑other
Vigor das� ❑excelleM C7 . ��
Ma�er pesta/Aisease�
$� �
Si1e prara�Eer. Neighboring Prope S E W #Feet�%L ❑op�t space ❑na�ural D waodlandlfaresf
��-�/ Open Area O Hill Side O Formal( WoodlsndlForest O Overhang Road f_1
bri� 'L�twne'..
TAEE DEFECTS- �
�T�i ` r
�root ret Y �mek Y� ID: T� �"L'�������, ,
� + ,
Exposed roolx ❑severe O moderate �bw U�amined: ❑severe ❑mode�te d�loV� ..
���.` b������'���.���s����a�����
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Tree�:�Speclex .
D8�_.GL,_ #of trunk��_ Heilbt �`��).8pr�a� "DGL �� � ��
Fam: ❑ generallysyt� 0 minor asymmetrY �Or asymmetry O stump sprou� ❑stag-headed
CroMm dass: d���a/i���co-dominant O k�iate ❑suppressed ,� �
�
Lhro a0nn ratio:�9'o Age dsas: �young CJ semi-mature O mature ver-madue/senesceni ����
iG�� Pnaiu�j I�Ory: U crown��e�ar�iveh►tl�ned ❑topped ❑aovm raised poNarded ❑craum r�ced ❑flush cuts ❑r,abledlbra
O rane pna�p eMer�a Approx.da�s:
SpeciatYalua: ❑specimen ❑heritagart�Oric O wildste ❑unusual L7 streettree O screen �shade �indigenous �protected by gov
��� �
Foliage eolor; ❑ddo�ic ❑neaolic E�kwsks? Y N 6rorl�elr�ra�o� ,
Foliage dansity: nonnal O sparse Lsaf si�e: �nnmal O smalf ❑stakes ❑wtre/ties ❑signs O cables
Manal shoM�rowll� ❑e�aceAent �average oor '11�� Y/N 3 ❑curb/pavemeM ❑guazds .
Wo�rood tbrslopa4eoC O e�axilent ❑avera�ge O poor 6'none v ❑olher
V��or dasx ❑excelle�t ❑ " poor
Ma�or pesta/diseasex
��� -
$���� _Neighboring Property�ly� S E W #Feet�6 ` ❑open space ❑nah�raE ❑woodlandlfaresf �
� .._ ��
,,�J( Open Area( ) Hiil Side( ) FoRnai( Woodiand/Forest( ) Overhang Road( )
hfi�atlOrc �_r norle�..
�x�o�rs.— ��
�� �
��oot� Y N� �rt Y N �:
E�aesd rootx ❑severe O moderate �toyv' Undermiaed: ❑severe (J moderate [H'fow ..
Cl�Oli►N�l� b�d�e presaica d in�idual ddeds and�e Thar se�er�Y(s=serae.rn=madetata.I=lo�w) _
OB�Ci IbOTlip� 71N� � �pB
Puor
BorK
Cadomi�Msffoda
� .
In�ln�d b�rlc
Exoe�e e�d .
Mbundsl�m
t�/mt�rr_ondbr�t
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Loosedaacloea barit
hold6ee hirc �
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it'ee�:�96� Speelex��C.t� ����'" ——
DBt� W Vunkx�_ Helqbk�L� 1L�_+DGL� �l. �
Fam: generaUy m�ric O mhwr asymme4y ❑maJor esymmetry ❑stnmp sprou� ❑stag-headed
����
Crowa da� dominant �cadominant � m►ed'rate ❑supp�ssed
Uve amra r�ia�9'e Ags daa� Younq �semFinature D ma�ure �oveNmahx�el�nesceM'������ ��
Pnaiog his�ry: � d�ned O e�a�ely tlunned �bopped ❑crrn�m raised ❑poAarded ❑aown r�ut� 0 flush ads ❑�Ibra
L��t� O n�dtlple p�unh�ererda Appr�x.dates:
�`! Spedaf Yalua ❑spedmen ❑heritaqdhlstaic �wAdQie O unusual ❑street tree O� O shade O indigenous 0 prot�ed b!►9o+i
��� �
Eotiaye ealar: namal ❑drorotic ❑neaotic Y� �w�0i a6�racila�
Eoliage densiiy; �iiormat O sparse leal slne:�� ❑smsil �slakes O wire�ties C)signs .O cabies
Anaaal shool�rowth: ❑eoa�llent ave�age O�poor '11Miq DiebacK! Y� ❑curb/pavemeM ❑gaards .
DN
WDtl0�M00d� ❑aY8�3Q0 ❑p00f ❑i1W16 ❑O111Cf
Ylqor elasx ent ❑anrerage ❑taR �poor
Mabr pests/�iaea�ex
s���� ... ��.
����� Neighboring Propert f�5 E W #Feet�_ �open space ❑rtah�rat ❑woodlaitdlinresf
�� Open Area( ) Hill Side( ) Formal( Woodland/Forest( ) Overhang Road( 1
� �none`..
� -
lAEE DEFECTS- .
�or� .
� � �
���� N � Y� �
E�os.d roolx severe O moda�e �low UMMmiae� ❑severe Cl moderate L97ow .
CIIOWA�l� bdica�e p�e�x d in�idnad de�ecb and rme ffidr�r(s s aayaa,m=aioderam,l=Iow) —
�ECi IoOi N� 71� � �
Ploar
8orw
(:adomi�nlslfala
a1E�n�Ms -
I�ded barlc
F�ocessire end ' .
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� /
Form: O generalty symmetric r asymmetry O ma1or asymmeetryy 0 stump sprouc O -headed j � �J /�
CroMm class: 0 dominarrt om'mant O Sntemrediate ❑supp�essed � 1 �
uve aown ratla 9'o Ags cla�: C�young �il se 'fl'rrra�ure �over�maturelsenesc��l� ��
Prrniag hfstory: ���e�ac�h►eyl thhned ���OVm�aised ❑poNatded ❑cs�oum� ❑flush ads ❑�Ibta
�.� O none 6�'n�iple pnx�inp e� Approx da�s:
,, �1C� speeiarvaw� ❑specimen o naim�eemisboric 0 wfla6�e ❑unu�ml �street tree �e igenous ❑p�otedea by grn►
��TM �
fMia9e�oloc ❑twmral �3' df�orWic �necrntlC E�IeNSks� Y 6rwIM� ..
Foliage�nstty; ❑rwrm�y �rse she: O nmrt�ai O small �slakes ❑wireJUes ❑signs O c�bles
Maaal shoof 9rowll� ❑e�acailent L�3'ave�age � or 1M�Di�aqft Y� �curh/pavemerrt �guards
w��a a� ❑�c o� a� o� ..
Vigor ela� ❑e�ocellent 0 averape O poor
Ma�Or peslaldfseasex
s���
� --�--- -- - .
s��� Neighboring Property N S E W #Feet�_ 0 opett spatce ❑nahual ❑woodlandlforesf
�0�Open Area( ) Hill Side( ) FoRnal(� WoodlandlForest( ) Overhang Road( 1
� -
���� — — —
AQOrD6�R1$ �
�reet 1st Y /tn/ �k Y'� I�
��,
E�ed root� ❑severe �mode�ate 0 tow Unde�tnlas� ❑sev�e �mode�abe ❑low ..
1�0�►1��fCl� b�cate pres�x af i�d'nridt�ai dda�s and rAle tliei's�eMa�jr(s=sa�e�0.rn�n�oder'aoa,�=bw)
� 1�0IQ� 11N� SCJIFf�Ot d�
Pbor
Bar�
Codomi�sffad�s
� �
induded Oark
.E�ooessiYe end -
M�ua�n
�.� -
Loos�l�'aciosa�ad[
' 1lolelbee tiue
Dead�oodiSWl�s '�
. 1 11 1 � ,
�. ' .
�
�- -
�
�_� ��� ' /��// 0/�//�/�//, `/� ��'y/ /r�//� //f�
'���.LN �`�'C.�/\ i ! I f A `/`� i/iLii� ����
��
1Fee�:� � Spaeie� � _
DBFk ����ol filnkx Nei� 8pra��.���C'L �� -_ J�� 7�
�/ ���.,..��,
Fam: � penera�y symmetriic C�ninor asymmetry ❑rt�Jor asYmmertryY ❑�tump sprou[ ❑stap-headed !�
Crown dasx ❑ dominant -dominant ❑inte�mediate ❑suppressed �Z�L��✓�'` ��
t.ive aow�ratla 9'a Age daax �Youn9 �Hna,bure�rtrdure ❑over-mature/s�veM
Pruniag Wsfiory: ❑crown ckaned ❑��nned ❑topped (�'crovim raised O paNarded ❑cxaum re�d O fiush arts Cl cabiedlb�a
p� p
� .
❑none o a�le p�u�no ev�s AoprmC.�x
�Speetar Yah�e: ❑specimen C3 herila� �wfld�(e ❑unusval ❑street tree ❑� ❑sf�ade O i�xltgeno� ❑protecfed by 9rn►
��� �
Folbge�or. � �no►rnal ❑chlorodc ❑r�xoUc Y N �IM ob�sNlo� � -
Follage�ensiiy: ��'normat rse Leaf siz��� ❑smail ❑stakes ❑wirelt(es 0 signs ❑cables
Aiawal shoot pro�rlM �N�acellent �average Qpoor' �0�! Y N � �curb/paveme�rt O gaards
Wonudreod�ere�t ❑ � -6'poor f�aone ❑other .
Vipor dasx ❑excellertt 6�nrerage '��poor
Majar pesta/dfseases: —
S�� �
Site Charxter. Neighboring Property�S E W #Feet � 0 op�t space ❑nahnal ❑woodlandlforesf �
�� O en Area O Hill Side O FoRnal( oodland/Forest O Overhang Road( 1
brlgaffeK O nor�., P
T
���•
�� `
� '• 1
Susp�t rr�oet�sC �Y� 1�� p�aek �/ �
E�omd rootx �se�e ❑mode�e D low UMamios� severo ❑moderate ❑low ..
MwI�II�� I�IfO11O1G a��i �■R�Y�OIA����`$_��ry�a�r''� .
� �� � �
�
�
Codomi�slble
� �
Induded bark
E�a�e.ssire dd "
r
Mbuq�
�onis/�r�rr'a�r�
�� -
lnosaliracl�tiark
holdbee iii�
Ueadroodfs�ufos '�
�, ! f
. �
�
1 !I �
i �lJ�iti
�' � � �r� '�i � �D.� 1 .
��/� �,� � � `�� �J .��..�i �/� .21
�
1Fee#: Speeiex
DBH: � �of� � � ���OGL�_ �/�j �i"'�
L� ��;'(/,�/J, C./
Form: ❑ 4eneralN symmetric H asymmetry ❑maJor asymmetry 0 stump sprou� ❑stag-headed w�'� .
J
Crown dass: ❑ damMnarrt -domirrant ❑fnt�rnediate ❑supp� ������� �
Live amna ratia 9`o Ags �young ❑semHnature Q'rrra�ure �over-mature/se�esce�
pruniag hWmy: ❑crown�� innet! �topped ❑anwn ralsed ❑poNarded ❑cxawn reduced ❑flush a�s ❑c�ledlbra
� a� ��� ��
�spe�farYalue: ❑s�Cimen �naitagedhlscoric o wBdl�e ❑un��ral �streectree ,roe�i shade ❑inaigenous a prot�fed by gav
��TM '
foti�a tolo� �� ❑d�rOdc �nectoiic Y� 6�aMoe�r�a�
Foltage denslt�: �(iormal 0 sparse leaf sfze:� O smail ❑staites ❑wire/tles �signs ❑cables
Amwal sha�M grorrdc O e�aceAeM LrJaverage �poor lYrig��! Y� 0 curb/pavemeM O guards
Wonadrrood deYel ❑e�axlleM Qaverage ❑poor ❑none ❑other �
Yig�clas� �excelieirt ❑average ❑falr �poor
. , �
AAa�or pesta/disease�
- r
��
S���� _Neighboring Property� E W #Feet ❑op�t spa� ❑natura! �waodlandlforesf �
�� �` Open Area O Hitl Side O Formal WoodiandlForest O Overhang Road( 1
� O none�..
����$--
ROOT D6�FL7& .
, ��
Sus�et root� Y IY p�pek Y�� ID:
Exposed rootx f�vere D mcderate �low U�umine� �mode�ate ❑low ..
�Y�/� �p�i ���YIqY1qY 1�i1.���W��`$���_��'9�ywl
� �� � � �
r11N�
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L�a� '
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�o«r.��rr�e$raras •
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�- ��' i�� �-�� � ' �.. 9� ��
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������� ~
Ttee�:��Speeies: -� �- /
DBtk. � ���af ironkx �_L H�t ��:.DGL��— _ '�� ��
Form. ❑ Oenera�r symmetric O minor asymmeby ���esymmetrY ❑stump sprou[ L7 stag headed
Cro�m das� ❑ dominant L.�-dominant O intertnad'rate 0 suppressed ���-���
Uve aoraa rafia 9'a A�s das� 0 young LYsemF�matun ma�ure 0 over-mahmelsenesceM
� P��or�r: ❑cmrm d�nea ❑e�a�sWehr�ea a bapped �ra�ea a po�rdea ❑cxrn�n,re�u:ea a flusn c�s ❑c�lb�a
� O none ❑nn�le pnninp e�s Appvx dad�
"l'�Speefat Value: ❑spedmen O he�iifagefilsborlc ❑wAdBte ❑unu�al ❑street tree �sc�e�t shade igenous �protectad bY 9�
rn��TM �
foliaye eolar ❑namal ❑neaotic E}Iqn�ksT Y Atw�ob��e� ,
FolFage�nsity: i�nonnal sparse Lsat s(xx ❑n�l O small ❑s�akes O wirnJ'U�es �signs �cabfes
a
amual sbaai�row11K O average �poor 1N�Dk� Y N CI curh/pavemeM O guar�ds
Wae�road der�pme� ���Ue M �e ❑poor ❑no� O other .
Yigor dagx ❑excelleM f��" rh erage ❑fair O poor
Ma�or pesta/diseases: —
S��
������ Nefghboring Property�'S E W #Fee J 0 open space ❑naturat ❑woodlandlforesf
�� � Open Area( ) Hill Side( ) Formal( ) Woodland/Forest( ) Ovefiang Road( )
�ri�affe� 0 none`..
T
���'
��_�/�� 4
� .
Su�etroet� Y� � Y� ID:
E�osed rootx �severe O maderaee aTawv UndamioeA: ❑severo ❑moderate d1.le� ..
CI�OIIIA� h�dica�e p�e�ence d i�idi�al defec�s aM tafe�se�ai�t(s�seMe�e,rn=ptodeta�a,I=low)
�'T I�Oi Ci� 11Nt �� �
P�DOr
�
Cadoai�alfoda
aldd� .
Itdude�d ba�k �
.E�e�sireend '
Mbuqd�n
�hn�rrams�actr�
�� -
LooselF�aclaeu�erit
hole/bee iiYe
Daadroodf�hs '..
8ae� -
i `
/ ,
�. �{�'���� � -�.c�� .� :� �i�c�
� �� �
��
ttee#:�7.3'�Spsdex
OBH: � i of� � D �� �"DGL� ��
Fo�m: ❑ gene�ally symme�ic �ior asymm�y ❑maJOr asymmetry ❑�ump spro�rt ❑shag-headed
CroMm dasx �ominaM ❑co-dominant Ct irttermed'�ate ❑suppressed ����� /'7�,
Uve erowe raNa � 9'e E'(J
�9��Youn9 ❑semHnature re ❑over-maturo/senescerrt
�� Proning I�ory: O croMm� thinned O bpped ❑aown raised O po�arded ❑croam r� O itush cuts ❑cabledlb�a
�none O�le pn,ning eMa�s Appnooc.da�x
��SPedat Value: ❑specimen O heiritageJhi�aic ❑w�dRffe ❑untuual ❑streetiroe � sMade �indigenous �proaacfed bY prn►.
��� '
Foliage�oloc ❑r�amal ❑nea�ic E'farwk:7�N�� 6�wlM ab�trsWeet
Follage dansitr: ❑nonnal sparse Led�Ze: ❑nom►al �maU ❑slaites �wire//ties �signs .❑rables
AAnnal slroot�o�Ak ❑e�oceNent �average �r Diedadf! �f N 0 curb/pavemerrt O guards
Woaair�ood der�pme� ❑e�axilent O avera� ❑none ❑olher .
Viqor das� ❑�u�llent ❑averaqe ❑tair
Ma�O�pa�/diseasex
$��
$��� _Neighboring Property�S E W #Feet�_. ❑op�t space ❑nahaal ❑woodlandlfa�est
�� O Area O Hill Side Fortnal WoodlandJForest O Ove�hang Road( 1
hri� �none�.. �' ( )
—�
TREE DEFE�'fS�
�aoro� �
, .
S�et root�t Y '�J �k Y N; tD:
Exposed roots �severe O madernte �low Undenained: ❑severo ❑moderate ❑low ..
c�o�rJlr D6�r� h�dra�e p�esa�a d ind�iai,ral adeets and r�be e�dr sa�jr is=saae,m=moder�a.�=bw?
OEFfCf I�OT� 11�� �.� �
Pbor
�
Cadomina�d.slfal�s
� .
hd�ided bark
E�ace�e dd ' .
1Abindsl�eam
�.� -
tnosdbradma harit
Uoidbae hir� �
DadWOOdfsou6s ��
Baers/bern�slaa� -
. 1 . f �
s
+ �- -� g�
� . �� ��ll /�3f �
� �. �.,t.�.. �
� J � �
� ���
� ,
Tiee�:� Spedes: 1') �
��' y�,�l
�'"�i�lii�#ot hunk��_ Hei���� '� �:.pGL�l
Fortn: ❑ generally symmstric O inor asymmetry ��kfia�or asymmetry ❑stump sprouc ❑stap-headed .
CroMm ciass: ❑ dominarrt Lylco-domina�rt �i�ertnediate ❑suppressed •
Live ao�ra ratia 9'o Ags class: D young ❑sem�re �fr�ure �over-mature/se�esceM
Proni�hist�y: ❑crown deaned ❑e�a�shrety thirx�ed L9'�opped ❑crovm raised ❑pallarded C7,aoum reduced �flush culs ❑cabledlb�a
❑none O mut8ple pn�g ev�Ms Approx dat�: . , -,�,+,•re�.,�
Spe�iatValue: ❑specimen ❑heritagelhlstoric 0 wfldQfe ❑unusual �street tree �screen ❑shade �fndigenous 0 p�otected by gov
��TM �
foli�e color. ❑na� t�bro�C a n�x�c �ar�i�T /N� ao.ei�u� .
Foliage density; O normal C�'sparse Leai size: O norn�ai i! ❑stakes ❑wiree/tf(es Cl signs .�cables
r
Annual shoot gro�rth: ❑e�aceilent average O�poor pni�DieUack? Y� Cl curb/pavemerrt O gaards .
Wanadwaod derelop�neat O excellent O e IJ poor ❑none ❑other
Vigor c�x ❑excelleM �average fair �paor
A�a�or pesta/disease�
S��i17A11S _
Site Charaeler. 1 .
Neighboring Property�S E W #Feet� ❑open s(mc:e ❑nah�rat �woodland�foresf
�8� �' Open Area( ) Hill Side( ) Formal(�Woodland/Forest( ) Overhang Road( )
Uriqalbrc ❑na�,
T
TREE DEFECTS-- `'
�r� �
, �-
Suspeetroataot Y � p�eaet N� tD:
E�omd rootx �severe �moderate 'B'�ow Undermined: �severe l7 moderate L�]'�ow ..
CAOIf�N�7� Ind'�e p[ese�ce of��al detec�s and�e ihei�sev�d!►(s=se±�a,rn�mo�ca�e�I=low)
09�CT IbO�Ci� UN� SI`JIl�95 �
Pbar
Bor� �
Codomi�dsfiod�s
a�d� -
Itt�uded b�lt
E�acessiYe e�d
�
Co�s/rn�rr_�omsl�ad�t
;�onr -
tooseM�a�.�a�arit
tloielhee ilire
DeadWOadlktr�6s ��
9n�ersllema�sl`at�s -
, / 1
f , /
�. ! � .
��'.�'L'C.s �� , � 1� ��/ �
� ���. �� �./J7� r/r� �!d.pi.� .+I9 ���n
�� � '
iree�:�Spedea:_�,,-�,t' —
D81� _L_�._�#d��_ �--GZG.!� ��DGL_J��r .
Fam: ❑ generaliy symmetric O mino�asymmetiy Lgm�Or asymmetry ❑stump sprouc O stag-headad .
Crown dssx ❑ dominant �'co-dominant 0 intemrediate ❑supp�essed
l.ive uorra raila � 9'o Age daax �young ❑se M�aturo �re 0 over-maturolsenes�nt
Proaiog I�ry: ❑croum d�ned O e�a�v�y thinned �Opped ❑crrnm rai.sed �poYa�ded ❑crown red�u�d ❑itush a�s ❑cabledlb�a
�'� ❑eone O muitlple pnNng eu�s Appmx.dab�
.
�spe�iatvalu� ❑spedmen ❑he�imgdhisbo�ic ❑wfldlite CI unusu� iroe �xe� ❑indigenous ❑protected by gm►
��TM �
r�ol�e caor. �� cldaonc o nea�ic �fa�: �i'N sr.rl��ro� ,
Foltage densily: normal �sparse Leaf sfze: ❑normal rrial} �stakes ❑wireJties ❑signs �qbles
Annaal shoot proMAh: ❑e�ac;ellent ❑average �r �i9 DNback? Y N, O curb/pavement O guards .
Wa�sdwaod dayelop�nenr ❑e�axUent ❑averape LD poor �none ❑other
Vlgor d�x ❑excefterft �a�+erage [�Fair �poor
Major p�ta/olsea:es:
- _ �
$� �
s��� Neighboring Prope N E W #Feet � �op�space ❑na�ual �woodlandlforesf �
���Open Area( ) Hiil Side( ) FoRnal(�Woodland/Fo�est( ) Ove�hang Road( )
�
���-
AI�OTD�'Tg �
S�peet roat iot Y� p�sask Y� t�
E�ased roofx ❑severe ❑moderaee L7 low Undermioe�: ❑severe CI moderate D low ,
PJ�OIIrA D�EL'T� Ir�d�ab pr�of i�idiwl defa�a and r�e fhei�s�jt(s=se�o�a rn=modetate,i=low) —
� IbO� 71� �d! �
P�oor /
�
Codominai�lfo�s
� -
Indnded bark
Exxssi�a�d
1Mo�m
�� -
Lno�adma barit
' t�ofdbee twe
D�oodf�t�hs '�
Boiersllermi�.�l`an� -
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-d �i s�eu.�«sma� «, m+M� S REET CONSTRUCTION NOTES
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'O .x. 90�,.�. , . M. .a..��, ,�.� ,�_W. �-n, .. .��.� ,, x�,�nsroa .s�
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