CUP2001-00001 i J �
120 DAYS- 8/20/2001 CITY OF TIGARD
Community Development
Shaping A Better Community
CITY OF TIGARD
Washington County, Oregon
NOTICE OF FINAL ORDER BY TNE NEARINGS OFFICER
Case Number: CONDITIONAL USE PERMIT CUP 2001-00001
Case Name: ROSS DAYCARE
Name of Owner: Jeffrey and Gayla Ross
Name of Applicant: Ga la Ross
Address of Applicant: 9515 SW Elrose Street Ti ard, Ore on 97224
Address of Property: 10548 SW Kent Street
Tax Ma /Lot No.: Washin ton Count Tax Assessor's Ma 2S115AA, Tax Lot 2200.
A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS DENYING A REQUEST FOR
CONDITIONAL USE PERMIT APPROVAL. THE CITY OF TIGARD HEARINGS OFFICER HASI�EDiE9�D THE APPLICANT'S
PLANS, NARRATIVE, MATERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISION'S STAFF REPORT
AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE
HEARINGS OFFICER HELD A PUBLIC HEARING ON JUNE 18 2001 TO RECEIVE TESTIMONY REGARDING THIS
APPLICATION. THIS DECISION HAS BEEN BASED ON T , INGS AND CONCLUSIONS CONTAINED WITHIN
THIS FINAL ORDER.
Request:-➢ The applicant has requested Conditional Use approval to operate a group home daycare for
up to 12 children, from a single-family residence within a residential zone.
Zone: R-4.5. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330,
18.390, 18.510, 18.705, 18.725, 18.745, 18.765, 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 0 AfFected governmental a encies
0 The affected Citizen Involvement Team Facilitator 0 The applicant and owner�s)
The adopted findings of fact, decision and statement of conditions can be obtained from the City of
Tigard Planning Department, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223.
Final Decision:
THIS DECISION IS FINAL ON JUNE 28, 2001 AND BECOMES
EFFECTIVE ON JULY 14, 2001 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 fifed 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 JULY 13, 2001.
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 Gayla Ross for a ) F I N A L O R D E R
conditional use permit for a"group home daycare" )
in the R-4.5 zone at 10548 SW Kent Street ) CUP 2001-00001
in the City of Tigard, Oregon ) (Ross Day Care)
A. SUMMARY
1. Gayla Ross, (the "applicant"), requests approval of a conditional use permit
("CUP") for a "group home daycare" in the R-4.5 zone at 10548 SW Kent Street; also
known as tax lot 02200,WCTM 2S 115AA(the"site"). The site is developed with a two-
story home with a double car garage and driveway. The applicant does not reside in the
home. A third party occupies the home and works in the daycare center. There is a roughly
6-foot high board-on-board fence around the side and rear yards of the home. The
applicant has operated a daycare center for 12 children on the site without a permit;this
application is made to obtain the permit required for the use. The applicant reduces traffic
impacts of the use by shuttling some children from her home at 9515 SW Elrose Street and
by having other children arrive by bus. 'The use operates 7:30 AM to 6 PM weekdays.
2. At the public hearing in this matter,City staff recommended conditional approval.
The applicant accepted the recommended conditions and responded to public testimony.
Twelve neighbors testified orally against the conditional use permi� Some of these and
other witnesses also testified in writing. The hearings officer closed the record at the end of
the public hearing and took the matter under advisement. The principal disputed issues in
this case include the following:
a. Whether the site is large enough to meet the needs of the use, to
accommodate the impacts of the use and to comply with site design review standards; and
b. Whether Kent Street is adequate to serve the proposed use.
3. The hearings officer concludes the applicant failed to sustain the burden of proof
that the CUP complies with Tigard Community Development Code ("CDC")
18.330.430.A(1), (2) and (6). Therefore the hearings officer denies the CUP, based on the
findings and conclusions included and incorporated herein.
B. BASIC FACTS
The hearings officer incorporates by reference the fmdings about the site and
surroundings in the Staff RepoR dated June 8, 2001 (the Staff Report),except to the extent
inconsistent with this fmal order.
C. APPLICABLE APPROVAL STA.NDARDS
The applicable approval standards are listed on the face of the Staff Report and in
Section V of the Staff Report The hearings officer finds those listed standards are the
correct standards for this application. It was not alleged that other standards apply.
D. HEARING AND RECORD
1. Hearings Officer Larry Epstein (the "hearings officer") received testimony at the
public hearing about this application on June 18, 2001. All exhibits and records of
CUP 2001-D0001 Hearings�cer Final Order
(Ross Day Care) Page 1
testimony are filed with the Tigard Depar�ment of Community Development. The hea`Yngs
officer made the statement required by ORS 197.763. The hearings officer disclaimed any
ex parte contacts, bias or conflicts of interest. The hearings officer disclosed that he visited
the site before the hearing, and invited witnesses to question him about his observations.
The following is a summary by the hearings officer of the testimony offered at the public
hearing in this matter.
2. City planner Matt Scheidegger summarized the Staff Report and defined"group
home daycare". He noted the use is permitted outright if the operator of the daycare center
also occupies the home. A CUP is required where the operator does not reside in the home.
3. Gayla Ross testified for the applicant. She explained the circumstances leading
to the application. She began operating the day care center in May, 2000. She was not
aware a CUP was required for it She described her ongoing efforts to find a better site for
the day care center. She argued children at the day care center are from the area, and the
center provides a service to those children and their parents.
4. Twelve persons testified orally against the proposed use: Bob Sellers, Lonaine
Hyde,Carol and Keith Dickson, Ellen Olson, K.O. Erickson, Lydia and Mannie Mills,
Linda Day, Russell Gordon Fiddes,Gary Belair and Angie Shepard. Most of the witnesses
expressed similar concerns,including the following:
a. The proposed use is not or should not be permitted in a single family
residential zone, because it is commercial in nature.
b. The site is not suited for the proposed use, because it is too small to
accommodate the impacts of the use on the site, particularly noise and privacy impacts.
There also is not enough room on the site for vehicle maneuvering associated with the use.
c. Kent S�eet cannot serve the proposed use safely, because that street
already carries too much traffic.
E. DISCUSSION
1. Some neighbors argued the use should not be permitted, because it is a
commercial activity. Based on the CDC, the hearings officer disagrees. CDC
18.130.020.B(5)(b)defines the proposed use is a Day Care Group Home.l A day care
group home is permitted in the R4.5 zone (and in all residential zones) as a matter of law if
it complies with the applicable approval standards for such a use. See Table 18.510.1.
a. The hearings officer fmds a day care center provides a service for the
children cared for and for their parents. But that is not relevant to the applicable approval
criteria. The use must comply with applicable standards to be approved. If the CUP is
denied,that service will not be available. Although unfortunate, it does not change the
standards or the decision.
1 CDC 18.130.020 defines Day Care Group Home to mean the following:
Day care facility in which care is provided in the home of the caregiver,with or without
compensation,for 7-12 children. It is subject to certification by the Children's Services Division.
CUP 2001-00001 Hearings Officer Final Order
(Ross Day Care) page 2
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2. The approval criteria for a CUP are in CDC 18.330.030.A.2 The hearings�
officer is persuaded by the findings in the Staff Report that the application complies with
the standards in CDC 18.330.030.A(3)-(5), and the hearings officer adopts as his own the
findings regarding those subsections in the Staff Report. In addition the hearings officer
adopts the following findings.
a. There is a dispute about whether the CUP complies with CDC
18.330.030.A(3), because of the impact of the CUP on Kent Street. The hearings officer
finds that Kent Street can accommodate the small incremental increase in vaffic as a result
of the proposed conditional use,provided it is operated as described by the applicant to
generate roughly eleven average daily trips on Kent Street(e.g., by relying on car pooling
and bus transport). The street is improved consistent with its classification.
b. The hearings officer is not persuaded that traffic associated with the use
will cause the volume of traffic on the street to exceed its capacity, based on its
classification,or will cause affected intersections to operate at a substandard level of service,
or will cause other hazards. There is sufficient parldng on-site to comply with applicable
parking standards and to avoid excessive on-street parldng,provided the garage is available
to store the vehicles of the resident(s) of the home.
c. Testimony by lay people about their experiences and perceptions of
traffic and parking on the street is not substantial evidence that the road is congested or
unsafe. That does not mean the road is a playground; it is not. It is a public street� It is
intended to cany traffic volume in excess of existing volumes. Residents are unlikely to
perceive the impact of the CUP on the street given the low trip generation of the use.
However any increase in traffic marginally increases the potential for accidents, and
warrants greater attention by parents to inswct their children about safe behavior and to
monitor their behavior accordingly. That does not mean public facilities(i.e., Kent Street)
are not adequate to accommodate the use.
3. However the hearings officer is not persuaded that the applicant has sustained the
burden of proof that the application complies with CDC 18.330.030.A(1), (2) or(6).
a. The hearings officer finds the site is not large enough to meet the needs
of the use for mitigation of the impacts of outdoor activities, and the applicant failed to show
that the conditional use does or would comply with site design review standards.
2 CDC 18330.030.A provides as follows:
The Hearings Officer shall approve,appmve with conditions,or deny an application for a
conditional use or to enlarge or alter a condidonal ase based on findings of fact with respect to each
of the following criteria:
1. The site size and dimensions provide adequate area for the needs of the proposed use;
2. The impaets of the proposed use of the site can be accommodateci considering size,shape,
location,topography,and natural features;
3. All required public facilities have adequate capacity to serve rhe pmposal;
4. The applicable requirements of the zoning district are met except as modified by this chapter;
5. The applicable requirements of 18330.050;and
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.
CUP 2001-00001 Hearings�cerFinalOrder
(Ross Day Care) Page 3
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b. Two of the principal impacts of the proposed use are the loss of privacy
resulting from views between the site and adjoining properties and the noise of children
playing in the rear yard of the property. The rear yard is relatively small. The fence on
three sides of the rear yard (and connecting to the house on the fourth side) provides some
visual buffer, but, based on the hearings officer's inspection of the site and the photographs
introduced by neighbors,that fence does not obstruct views of surrounding yards.
Although some vegetation e�cists on the periphery of the yard, it is not sufficient to maintain
the privacy of surrounding homes. The vegetation and fence do not perceptibly reduce
noise levels. There is not enough room in the rear yard of the site to substantially increase
vegetation,even if that was proposed,which it is not. Therefore the applicant failed to show
she will buffer the outdoor play area from surrounding homes. The site is too small to
achieve this, and it is situated with respect to surrounding properties such that the absence of
more substanrial fencing, vegetation or other features will result in significant unmitigated
privacy and noise impacts,due to the relatively large concentration on children at the CUP
site (compared to the typical family size in the city) and the small area of the yard.
c. The hearings officer finds that the application is subject to the
Landscaping and Screening standards in CDC 18.745,3 because a CUP is development.4
Although the site will continue to be used for a residential purpose, and a buffer is not
required between single family homes,the site also will be used for a day care center.
Although minimum buffer requirements in Table 18.745.1 are ambiguous as they relate to
this application, the hearings officer is persuaded by the context of the table that a buffer is
required in this case.s The hearings officer construes the table in this case to require the
3 CDC 18.745.020 provides as follows:
The provisions of this chapter shall apply to all development including the construction of new
structures,remodeling of existing str�ctures where the landscaping is nonconfomung(Section
18.760.040C),and to a change of use which results in the need for increased on-site parking or
loading requirements or which changes the access requirements.
4 CDC 18.120.030.A(56)defines the term"development"to mean the following in relevant part"
[A]material change in the use or appeardnce of a structure or land...
5 For instance,CDC 18.745.OSO.A.1 provides in relevant part:
It is We intent that these requirements shall provide for privacy and protection and reduce or
eliminate the adverse impacts of visual or noise pollution at a development site...
CDC 18.745.OSO.B.4 provides as follows in relevant part:
The minimum improvements within a buffer area shall consist of combinations for landscaping
and screening as specified in Table 18.745.1. In addition, improvements shall meet the following
specifications:
a. At least one row of crees shall be planted. They shall have a minunum caliper of two inches
at four feet in height above grade for deciduous uees and a minimum height of five feet high
for evergreen Irees at the time of planting. Spacing for trees shall be as follows:
(1) Small or narrow-stature trees,under 25 feet tall or less than 16 feet wide at maturity shall
be spaced no further that► 15 feet apart;
(2) Medium-sized rrees berween 25 feet to 40 feet rall and with 16 fcet to 35 feet wide
branching at maturity shall be spaced no greater than 30 feet apart;
CUP 2001-00001 Hearings Officer Final Order
(Ross Day Care) page q
buffer that is required when a neighborhood commercial use adjoins a single family use
(i.e., a Type C buffer requiring 6 to 10 feet of buffer width depending on whether a hedge,
fence or fence is provided for screening), because the proposed use is first pemutted
outright in a neighborhood commercial zone. That width is not proposed, nor is it
practicable here because of the small size of the yard. The applicant also does not propose
or provide living ground cover in the remainder of the buffer width, as required by code.
d. The hearings officer expressly rejects the findings in the Staff Report
that the fence and e�sting vegetation on the periphery of the rear yazd adequately buffer the
use of the back yard by up to twelve childcen xn the day care Gentec. The photographs in
the record clearly show the eJCisting vegetation azound the rear yard of the site and on
adjoining properties generally is small and/or is scattered so that it does not even begin to
create an opaque visual barrier around the rear yard.
4. The hearings officer appreciates that parents of the children cared for at the site
have come to rely on the day care center. They did not know and had no reason to inquire
whether the city issued a permit for the use. Like the neighbors,the children and their
garents have no responsibility for the existing situation. Although the use is illegal,the
hearings officer finds it does not pose an imminent threat to the public health and safety. It
is an incpnvenience c�r a nuisance to neighbprs abutting the rear yard, based�n the
foregoing findings. For what it is worth,the hearings officer encourages the city to
unde�take enforcement of this decision with equal courtesy to the applicant, the day care
children and parents,and the neighbors, so the matter is resolved in a timely manner,but
without undue disruption. The applicant may want to consider occupying the site as her
home until the day care center is relocated or taking other steps to remedy the violation
and/or to reduce the adverse impact of the use until it is relocated elsewhere.
F. CONCLUSIONS
Based on the findings and discussion provided or incorporated in this final order,
th�heanings o�ficer con�ludes that tk�e proposed conditional use permit does not and ca�r�nvt
comply with the applicable criteria and standards of the Community Development Code.
Therefore the hearings officer should deny the application.
G. DECISION
In recognition of the findings and conclusions contained herein, and incorporating
the Staff Report and public testimony and exhibits received in this matter,the hearings
officer hereby denies CUP 2001-00001 (Ross Day Care).
AT this 2Gt � f June, 20Q1,
'{� .
Larry Ep ei , P
City of Tigard arin�s Of er
(3) Larg�tr�es,over 40 feet tall and with more than 35 feet wide branching at maturity, shall
be spaced no greater than 30 feet apart.
b. In addition, at ledst 10 Cive-gallon shrubs or 20 one-gallon shrubs shall be planted for each
1,000 square feet of requic�ed buffer area;
c. The remaining area shall be planted in lawn or other living ground cover.
CUP 2001-00001 Nearings O�cer Fina!Urder
(Ross Day Cate) Page 5
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Agenda Item: 2_1
Hearin Date: 6.18.2001 �Time: 7:00 PM
STAFF REPORT TO THE
HEARING'S OFFICER CITYOFTIGARD
FOR THE CITY OF TIGARD, OREGON Commur�ity�Development
.S�nping�Better�'onunurrity
120 DAYS = 08/20/2001
SECTION I. APPLICATION SUMMARY
FILE NAME: ROSS DAYCARE FACILITY
CASE NOS: Conditional Use Permit (CUP) CUP2001-00001
APPLICANT: Gayla Ross OWNER: Jeffrey & Gayla Ross
9515 SW Elrose Street 10548 SW Kent Street
Tigard; OR 97224 Tigard, OR 97224
PROPOSAL: The applicant has requested Conditional Use approval to operate a
group home daycare for up to 12 children, from a single-family residence
within a residential zone. The applicant has one full time employee living
at the residence.
LOCATION: 10548 SW Kent Street; WCTM 2S115AA, Tax Lot 02200.
COMPREHENSIVE
PLAN AND
ZONING
DESIGNATION: 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,
18.705, 18.725, 18.745, 18.765, 18.795 and 18.810.
SECTION II. STAFF RECOMMENDATION
Staff recommends that the Hearings Officer find that the proposed Conditional Use Permit
will not adversely affect the health, safety and welfare of the City and meets the Approval
Standards for a Conditional Use. Therefore, Staff recommends APPROVAL, subject to the
followin recommended Conditions of A roval:
ROSS DAYCARE PAGE 1 OF 11
CUP2001-00001 6/18/2001 STAFF REPORT TO THE HEARINGS OFFICER
CONDITIONS OF APPROVAL -
THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
u mit to t e anning ivision at ew c ei egger, , ext. or review
and approval:
1. Provide evidence that the proposed use complies with the Uniform Building Code
Standards.
2. Someone must be living at the site at all times for it to qualify as a single-family
dwelling and group home daycare facility.
3. Provide a 2 stall bicycle parking structure that is not within parking aisles, landscaping
or pedestrian ways.
:� �,::: THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM
{ ���� THE EFFECTIVE DATE OF�THE HEARINGS OFFICERS REPORT. -��` �x��
SECTION III. BACKGROUND INFORMATION
Site Historv:
Staff conducted a computer search for case history on the subject parcel and found no
previous land use cases for this prope�ty.
Vicinity Information:
The site is located on the south side of SW Kent Street and east of SW 108�' Avenue. The
property is zoned R-4.5 and is completely surrounded by prope�ty zoned R-4.5.
Site Info�mation and Pro osal Descri tion:
he applicant has requested Conditional Use approval to operate a group home daycare for
up to 12 children, from a single-family residence within a residential zone. No new
construction is imposed, and operation hours are limited from 7:30 AM to 6:00 PM. The
applicant has been running the p�oposed daycare out of the subject site for 9 months before
she was informed that she needed approval fo�the use.
Concerns Raised b Nei hbors:
Staff received 7 letters rom neighbors addressing the same issues; noise and increased
traffic.
Staff Response: The proposed use is for a daycare with 7-12 children. Operation hours
are from 7:30 AM to 6:00 PM According to the Tigard Municipal Code,
noise decibel levels can reach up to 50 Dba durin� the hours of 7:00 AM
to 10:00 PM The daycare closes at 6:00 PM allowing the decibel level to
be reduced long before the cut-off time of 10:00 PM Other noise
dampening features include the 6-foot-high wood fence that
encompasses the entire rear yard. The fence is lined with larg e
arborvitae on the east and west property lines and 3 mature trees at the
south end of the property.
Vehicle trips have increased with the opening of the daycare. Howeve�, the daycare has
been operating for 9 months before the conditional use was applied for and the City did not
receive any complaints. According to the City's Engineering Department, the proposed use
will not create a significant impact on public facilities and tra�c impact is minimal. Five (5)
cars drive into the neighborhood to drop children off before 3:00 P.M. not including the
school bus and six (6) cars drive into the neighborhood to pick-up children after 3:00 P.M.
ROSS DAYCARE PAGE 2 OF 11
CUP2001-00001 6/18/2001 STAFF REPORT TO THE HEARINGS OFFICER
�
SECTION IV.___ REPORT MAKING PROCEDURES. PERMITS AN� U,SE
Use Classification: Section 18.130.020. Lists the Use Categories.
The applicant is proposing to use an existing single-family home as a commercial daycare.
This use is classified as Group Home Daycare, which is listed as a Conditional Use in the
R-4.5 zone.
Summary Land Use Permits and Report Making Procedures:
Chapters 18.310 and 18.390
The proposed use (Group Home Daycare) requires a Conditional Use permit which is a Type
III-HO decision. 7ype (II-HO procedures apply to quasi-judicial permits and actions that
predominantly contain discretionary approval criteria. Type III-HO actions are decided by the
Hearings Officer with appeals to the City Council.
SECTION V. SUMMARY OF APPLICABLE CRITERIA
A summary of the applicable criteria in this case in the Chapter order in which they are
addressed in this report are as follows:
A. S ecific Conditional Use Criteria
eneral Approval Criteria)
Additional Conditions of Approval)
B. licable Develo ment Code Standards
1 . 05 Access, Egress & Circulation)
18.745 Landscaping and Screening�
18.765 Off-Street Parkin and Loading Requirements)
18.795 Visual Clearance�
C. Street tilit and Im rovement Standards
D Impact Stu 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 III-HO procedure, as regulated by Chapter 18.390.050
requirements in Chapter 18.330.
General Approval Criteria for a Conditional Use: Section 18.330.030:
The site size and dimensions provide adequate area for the needs of the proposed
use;
The size of the site is 5,511 square feet and is consistent with the Planned Development
standards for the R-4.5 zoning district with a Planned Development overlay. The site is
developed with a single-family home. The applicanYs request is to run a group home
daycare from the single-family home with one employee living at the site. The site provides
adequate area for the proposed use.
The impacts of the proposed use of the site can be accommodated considering size,
shape, location, topography and natural features;
ROSS DAYCARE PAGE 3 OF 11
CUP2001-00001 6/18/2001 STAFF REPORT TO THE HEARINGS OFFICER
The site is developed with a 2,400 square foot single-family home with a 1,540 square foot
back yard. The rear yard is screened from adjoining Properties with a 6-foot-I�igh wooden
fence and arborvitae. Therefore, the site is suitable for the proposed daycare.
All required public facilities have adequate capacity to serve the proposal; and
All public facilities including streets, storm and sanitary sewers and water are pre-existing and
have adequate capacity to serve the site.
The applicable requirements of the zoning district are met except as modified by this
chapter.
The following table provides the dimensional standards in the R-4.5 zone, the additional
dimensional requirements and approval standards for Group Home Daycare are specified in
the Conditional Use Standards Section 18.330.050.6.19.
TABLE 18.510.2 -(ConYd.)
DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES
STANDARD R-4.5 Conditional Existing
Use
Minimum Lot Size
-Detached unit 7,500 sq. ft. 5,000 sq. ft. 7,500 sq. ft.
-Duplexes 10,000 sq.ft.
-Attached unit 1
Average Minimum Lot Width
- Detached unit lots 50 ft. 50 ft. 55 ft.
-Duplex lots 90 ft. 90 ft.
-Attached unit lots
Maximum Lot Coverage
Minimum Setbacks
- Front yard 20 ft. 20 ft. 45 ft.
- Side facing street on corner&through lots 15 ft. 15 ft. -
-Side yard 5 ft. 5 ft. 5.4 ft.
- Rear yard 15 ft. 15 ft. 28 ft.
-Side or rear yard abutting more restrictive - - -
zoning district 20 ft. 20 ft. -
- Distance between property line and front of
ara e
Maximum Height 30 ft. 30 ft. 30 ft.
Minimum Landscape Requirement �
[1]Single-family attached residential units permitted at one dwelling per lot with no more that five attached units in one grouping.
[2]Lot coverage inGudes all buildings and impervious surfaces.
` Multiple-family dwelling unit
" Single-family dwelling unit
The proposed use will occupy a pre-existing single-family home, which was constructed
under the Dover Landing No. 2 subdivision. All lots within the subdivision equal an average
lot size of 7,500 square feet and single-family homes were constructed according to standard
setbacks of the R-4.5 zoning district. Building permits for all homes in the zone were required
to meet height requirements.
The supplementary requirements set forth in other chapter of this Code including but
not limited to Chapter 18.780, Signs, and Chapter 18.360, Site Development Review, if
applicable, are met.
ROSS DAYCARE PAGE 4 OF 11
CUP2001-00001 6/18/2001 STAFF REPORT TO THE HEARINGS OFFICER
The applicable review c�iteria in this case include the following chapters of the Community
Development Code: 18.330, Conditional Use; 18.390 Report Making Procedures;18.510,
Residential Zoning Districts, 18.705, Access, Egress and Circulation; 18.745, Landscaping
and Screening; 18.765, Off-Street Parking; 18.795, Visual Clearance Areas. The
development sfandards and requirements of these chapters are addressed below.
The proposal contains no elements related to the provisions of the following cha pters:
18.600, Communit� Plan Area Standards; 18.710, Accessory Residential Units; 18.715,
Density Computations; 18.720, Design Compatibility Standards; 18.725, Environmental
Performance Standards; 18.730, Exceptions to Development Standard; 18.740, Historic
Overlay; 18.742, Home Occupations; 18.750, Manufactured/Mobile Home Regulations;
18.760;, Nonconforming Situations; 18.780, Temporary Uses; 18.790, Tree Removal and
18.798, Wireless Communications Facilities. These chapters are, therefo�e, 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.
Section 18.330.030.B states that the Hearings Authority may impose conditions on the
approval of a conditional use, which are found necessary to ensure the use is
compatible with other uses in the vicinity, and that the impact of the proposed use on
the surrounding uses and public facilities is minimized. These conditions may
include, but are not limited to the following:
Limiting the hours, days, place and/or manner of operation;
The applicant has set hours of operation, which are 7:30 AM to 6:00 PM No additional
condition is needed.
Requiring design features which minimize environmental impacts such as noise,
vibration, air pollution, glare, odor and/or dust;
Based on the proposed use, noise could be a factor when children are present in the rear
yard. However, the rear yard to be used is screened with a 6-foot-high wooden fence and is
buffered with 5 arborvitae on the west side of the property and 4 arborvitae on the east side
of the property. Three (3) large trees exist at the rear of the property. Any noise violations
can be esfablished through Tigard Municipal Code section 7.40.130.
Requiring additional setback areas, lot area, and/or lot depth or width;
The plans provided show a 9-foot side yard setback on the east property line and a 5.4-foot
setback on the west side of the site. The side yards are the crucial areas of the site where
children could potentially be bothersome to adjacent property owners due to noise. However,
as described above, the daycare will only operate within strict hours (7:30 AM to 6:00 PM)
and both side yards have been screened with a 6-foot-high wooden fence and landscaping.
Limiting the building height, size or lot coverage, and/or location on the site;
The site is developed with an existing single-family home. The applicant could not add on to
the structure without meeting setbacks associated with the base zone. Therefore, no
additional condition is needed.
ROSS DAYCARE PAGE 5 OF 11
CUP2001-00001 6/18/2001 STAFF REPORT TO THE HEARINGS OFFICER
Designating the size, number, location and/or design of vehicle access points;
The vehicle access point to the home is pre-existing in the form of a 25-foot driveway.
Requiring street right-of-way to be dedicated and street(s) to be improved;
Street and utilities are pre-existing and according to the Engineering Department, no
conditions are necessary.
Requiring landscaping, screening, drainage and/or surfacing of parking and loading
areas;
No additional landscaping is required with this project. The applicant has adequate
landscaping, including a 6-foot-high fence to help buffer noise in the rear yard.
Limiting the number, size, location, height and/or lighting of signs;
Only one sign, approximately 1.5 square feet is allowed. No additional condition is needed.
Limiting or setting standards for the location and/or intensity of outdoor lighting;
The applicant has indicated that the group home daycare will operate no later than 6:00 P.M.
No outdoor lighting has been proposed with this proposal. Therefore, no additional condition
is needed.
Rec�uiring berms, screening or landscaping and the establishment of standards for
their installation and maintenance;
Buffering and screening is discussed further in this report. Howeve�, additional screening,
above and beyond whaf is already required, is not necessary.
Requiring and designating the size, height, location and/or materials for fences;
The plans submitted by the applicant show a 6-foot-high good neighbor fence. No additional
requirement is needed.
Requiring the protection and preservation of existing trees, soils, vegetation,
watercourses, habitat areas and/or drainage areas;
No landscaping will be removed as a result of this report. Therefore, no protection and/or
preservation are needed.
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
No 100-year floodplain is associated with this application. Therefore, no bicycle path can be
conditioned.
Requiring the construction of a pedestrian/bicycle pathway within the floodplain in
accordance with the adopted pedestrian/bicycle pathway plan.
No 100-year floodplain is associated with this application.
C. APPLICABLE DEVELOPMENT CODE STANOARDS
Access, Egress and Circulation Chapter 18.705:
Minimum Access Requirements for Commercial and Industrial Use:
Section 18.705.030.1�rovides the minimum access requirements for commercial and
industrial uses: Table 18.705.3 indicates that the required access width for
developments with more than 0-99 parking spaces is a 30-foot-wide access points with
ROSS DAYCARE PAGE 6 OF 11
CUP2001-00001 6/18/2001 STAFF REPORT TO THE HEARINGS OFFICER
24 feet of pavement. Vehicular access shall be provided to commercial or industrial
usesL and shall be located to within 50 feet of the primary ground floor._ entrances;
additional requirements for truck traffic may be placed as conditions of site
development review.
The proposed use is considered a commercial use within a residential zone. However, one
of the owners employee's lives at the site. Therefore, the parcel can remain a single-family
home and meet the access standards for a single-family residence ((1) 15-foot access witF�
10 feet of paving.).
FINDING: Based on the analysis above, staff finds that the access and egress standards
are satisfied.
Landsca in and Screenin — Cha ter 18.745:
Street trees: Section 18.7 5.040 states that all development 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).
Street trees are pre-existing as pa�t of the Dover Landing Subdivision No. 2. Therefore, no
additional street trees will be required.
Buffering and Screening:_
Buffering and screening is required to reduce the impacts on adjacent uses which are
of a different type in accordance with the matrices in this chapter (Tables 18.745.1 and
18.745.2). The owner of each proposed development is responsible for the installation
and effective maintenance of buffering and screening. When different uses would be
abuttin� one another except for separation by a right-of-way, buffering, but not
screening, shall be required as specified in the matrix;
Because the site is occupied and maintained as a single-family dwelling, no buffering or
screening is required.
Screening - Special Provisions:
Section 18.745.050.E requires the screenin� of parking and loading� areas.
Landscaped parking areas shall include special design features which effectively
screen the parking lot areas from view. Planting materials to be installed should
achieve a relative balance between low lying and vertical shrubbery and trees. Trees
shall be planted in landscaped islands in all parking areas, and shall be equally
distributed on the basis of one (1) tree for each seven (7) �arki�g spaces in order to
provide a canopy effect. The minimum dimension on the andscape islands shall be
three (3) feet wide and the landscaping shall be protected from �rehicular damage by
some form of wheel guard or curb.
The proposed daycare does not include a parking lot. The applicant will be using the existing
driveway for pick-up and drop-off of children, however, the site will be occupied and
maintained by an employee. Therefore, the proposed site will remain a single-family
residence and no parking lot will be required.
FINDING: Based on the analysis above, staff finds that the access and egress standards
are satisfied.
Off-Street Parkin and Loading (18.765):
Disabled-Accessi le Parking:
All parking areas shall be provided with the required number of parking s paces for
disabled persons as specified by the State of Oregon Uniform Building Code and
federal standards. Such parking spaces shall be sized, signed and marked as required
by these regulations.
ROSS DAYCARE PAGE 7 OF 11
CUP2001-00001 6/18/2001 STAFF REPORT TO THE HEARINGS OFFICER
The proposed daycare will operate within a single-family home. Therefore, no_parking areas
will be required. The existing driveway will be used for picking-up and dropping-off cF�ildren.
The driveway is 25 feet in width, which exceeds standard ADA stall spacing. However, the
applicant will be required to provide evidence that the proposed use complies with the
Uniform Building Code Standards.
Access Drives:
With regard to access to public streets from off-street parking: access drives from the
street to off-street parking or loading areas shall be designed and constructed to
facilitate the flow of traffic and provide maximum safety for pedestrian and vehicular
traffic on the site; the number and size of access drives shall be in accordance with
the requirements of Chapter, 18.705, Access, Egress and Circulation; access drives
shall be clearly and permanently marked and defined through use of rails, fences,
walls or other barriers or markers on frontage not occupied by service drives; access
drives shall have a minimum vision clearance in accordance with Chapter 18.795,
Visual Clearance; access drives shall be improved with an asphalt or concrete surface;
and excluding single-family and duplex residences, except as provided by Subsection
18.810.030.P, groups of two or more parking spaces shall be served by a service d�ive
so that no backing movements or other maneuvering within a street or other public
right-of-way will be required.
The proposed use will not change the site from a single-family residence based on the fact
that an employee will be living in the home. Therefore, the site is excluded from the above
standard.
Parking Lot Striping:
Except for single-family and duplex residences, any area intended to be used to meet
the off-street parking requirements as contained in this Chapter shall have all parking
spaces clearlx marked; and all interior drives and access aisles shall be clearly
marked and signed to show direction of flow and maintain vehicular and pedestrian
safety.
The proposed site plan is considered exempt from parking lot striping because the structure
being used for the proposed use is occupied by one of the employees. Therefore, the site is
considered a single-family dwelling.
Wheel Stops:
Parking spaces alon� the boundaries of a parking lot or adjacent to interior
landscaped areas or s�dewalks shall be provided with a wheel stop at least four inches
high located three feet back from the front of the parking stall. The front three feet of
the parking stall may be concrete, asphalt or low lying landscape material that does
not exceed the height of the wheel stop. This area cannot be calculated to meet
landscaping or sidewalk requirements.
No walkways or interior landscaping is associated with this application. Wheel stops would
only hinder the owner from using the garage as additional parking. Therefore, this standard
does not apply.
Space and Aisle Dimensions:
Section 18.765.040.N states that: "except as modified for angled parking in Figures
18.765.1 and 18.765.2 the minimum dimensions for parking spaces are: 8.5 feet x 18.5
feet for a standard space and 7.5 feet x 16.5 feet for a compact space; aisles
accommodating two direction trafFic, or allowing access from both ends, shall be 24
feetin width.
The proposed site is considered a single-family home. According to this chapter, single-
family homes are exempt from parking lot striping. Therefore, this standard does not apply.
ROSS DAYCARE PAGE 8 OF 11
CUP2001-00001 6/18/2001 STAFF REPORT TO THE HEARINGS OFFICER
Bicycle Parking Location and Access:
Section 18.765.050 states bic cle parking areas shall be provided at locations within
50 feet of primary entrances �o structures; bicycle parking areas shall not be located
within parking a�sles, landscape areas or pedestrian ways; outdoor bicycle parking
shall be visible from on-site buildings and/or the street. When the bicycle parking area
is not visible from the street, directional signs shall be used to located the parking
area; and bicycle parking may be located inside a building on a floor which has an
outdoor entrance open for use and floor location which does not require the bicyclist
to use stairs to gain access to the space. Exceptions may be made to the latter
requirement for parking on upper stories within a multi-story residential building.
Parking for the proposed use has been based on a 1 classroom setting. Therefore, the
applicant will be required to provide a 2 stall bicycle parking structure that is not within
parking aisles, landscaping or pedestnan ways.
Bicycle Parking Design Requirements:
Section 18.765050.C. The followin design,requirements apply to the installation of
bic�cle racks: The racks required�or required bic�cle parking spaces shall ensure
tha bicycles may be securely locked to them withou undue inconvenience. Provision
of bicycle lockers for long-term (employee) pa�king is encouraged but not required;
bicycle racks must be securely anchored to the g,round, wafl or other structure;
bicycle parking spaces shall be at least 2'/Z feet by six feet long, and, when covered
with a ve�tical clearance of seven feet. An access aisle of at least five feet wide shal�
be provided and maintained beside or between each row of bicycle parking, each
required bicycle parking space must be accessible without moving another-bicycle•
required bicycle parking spaces may not be rented or leased except where requirec�
motor vehicfe parking is rented or leased. At-cost or deposit fees for bicycle parking
are exempt from this requirement; and areas set aside for required bicycle parking
must be clearly reserved for bicycle parking only. Outdoor bicycle parking facilities
shall be surfaced with a hard surfaced material, i.e., pavers asphalt, concrete or
similar material. This surface must be designed to remain well c�rained.
The applicant has not provided detail of the required bicycle parking rack, the�efore, Staff can
not determine if this standard has been met. If the applicant submits a detail of the bicycle
rack, Staff will be able to review it to insure that the design complies with the standards of the
Code.
Minimum Bicycle Parking Req uirements:
The total number of required bicycle parking spaces for each use is specified in Table
18.768.2 in Section 18.765.070.H. In no case shall there be less than two bicycle
parking spaces.
The applicant has been conditioned earlier in this report to provide a 2 stall bicycle parking
structure. -
Minimum Off-Street Parking:
Section 18.765.070.H states that the minimum and maximum parking shall be as
required in Table 18.765.2.
Table 18.765.2 states that the minimum off-street parking for a day care facility is 2.0 spaces
per classroom. However, the proposed site is to remain a single-family dwelling based on
one employee living at the site full time. Therefore, in order for the proposed use to remain in
compliance with the off-street parking standards, the applicant will be conditioned to have
someone living in the home at all times.
FINDING: Based on the analysis above, the off-street parking and loading standards have
not been met. If the applicant complies with the conditions listed below, the
standards will be fully met.
ROSS DAYCARE PAGE 9 OF 11
CUP2001-00001 6/18/2041 STAFF REPORT TO THE HEARINGS OFFICER
CONDITIONS: _
. Provide evidence that the proposed use complies with the Uniform
Building Code Standards.
. Someone must be living in the home at all times for it to qualify as a
single-family dwelling and group home daycare facility.
. Provide a 2 stall bicycle parking structure that is not within parking aisles,
landscaping or pedestrian ways.
Visual Clearance Areas — Chapter 18.795:
Section 18.795.020.A. states that the provisions of this chapter shall apply to all
development including the construction of new structures, the remodeling of existing
structures and to a change of use which increases the on-site parking or loading
requirements or which changes the access requirements.
Section 18.795.030.B. states that a clea� 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 line grade, except that trees
exceeding this height may be located in this area, provided all branches below eight
feet are removed.
There are no proposed structures inside of the vision clearance area. The site plan indicates
that there is a sfreet tree on both sides of the driveway within the 30-foot clearance area.
Based on a site visit conducted by staff the trees are trimmed in excess of 8 feet. Therefore,
this criterion has been met.
FINDING: Based on the analysis above, the standards of Chapter 18.795, Visual
Clearance Areas have been met.
C. Street And Utility Improvements Standards - Chapter 18 810•
Chapter 18.810 provides construction standards for the implementation of public and
private facilities and utilities such as streets, sewers, and drainage.
Engineering Staff has evaluated the pro1'ect and determined the proposed use will not create
a significant impact on public facilities. Traffic impact is minimum and the house being used
is already served with public utilities. Therefore, no street and/or utility conditions are
necessary.
D. Im act Stud : _
Section 18.390.04 .B.2.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.
ln 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 that supports that the real property
dedication is not roughly proportional to the p�ojected impacts of the devetopment.
No street improvements or dedication of right-of-way are proposed or required with this
application. Public utilities are pre-existing and according to the narrative, there is a
maximum of 11 vehicle trips per day. Vehicfe trips are calculated as 5 vehicles dropping of
children before 3:00 P.M. and 6 vehicles picking up children after 3:00 P.M. The ma�onty of
the children are dropped off at the site by school bus and carpooling accounts for the low
number of vehicle trips generated by the daycare.
ROSS DAYCARE PAGE 10 OF 11
CUP2001-00001 6/18/2001 STAFF REPORT TO THE HEARINGS OFFICER
�' ' ,
SECTION VII. OTHER STAFF COMMENTS _
The City of Tigard Engineering Department has reviewed the proposal and offered the
following comment:
♦ It does not appear that this use would create a significant impact on public facilities.
Traffic impact is minimal and the house is already served with public utilities.
The City of Tigard Long Range Planning Division has reviewed the proposal and has no
objections to it.
The City of Tigard Urban ForesterlOperations Department has reviewed the proposal and
has no ob�ections to it.
The City of Tigard Building Division has reviewed the proposal and offered the following
comments:
♦ Any building or portion thereof used for daycare purposes for more than six persons must
comply standards set forth in the Uniform Building Code.
The City of Tigard Operations Department has reviewed the proposal and has no
objections to it.
The City of Tigard Police Department has reviewed the proposal and has no objections to
it.
SECTI4N VIII. AGENCY COMMENTS
Unified Sewerage Agency has reviewed the proposal and has no objections.
NW Natural Gas Co. has reviewed the proposal and has no objections to it.
Tualatin Valley Fire and Rescue, Oregon Department of Environmental Quality, Oregon
Department of Fish and Wildlife, US Army Corps of Engineers, PGE, NW Natural Gas,
TCI Cable, General Telephone, Tri-Met, and Quest were given the oppo�tunity to review
this proposal and submitted no comments or objections.
' :<-� �� June 8. 2001
P E AR BY•r egger DATE
Assistant Planner
%
�
� '' ` � June 8. 2001
APPROVED BY: Richard Bewersdorff DATE
Planning Manager
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ROSS DAYCARE PAGE 11 OF 11
CUP2001-00001 6/18/2001 STAFF REPORT TO THE HEARINGS OFFICER
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NOTICE TO MORTGAGEE, LIE� LDER,VENDOR OR SELLER: ,
THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE,
IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER.
CITY OF TICsARD
Community�DeveCapment
S�iapingA Better�'ommunity
CITY OFTIGARD
PUBLIC NEARIHG HOTICE
NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY.
JUNE 18, 2001 AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL
BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION:
FILE NO.: CONDITIONAL USE PERMIT (CUP) 2001-00001
FILE TITLE: ROSS DAYCARE
APPLICANT: Gayla Ross OWNERS: Jeffrey and Gayla Ross
9515 SW Elrose Street 10548 SW Kent Street
Tigard, OR 97224 Tigard, OR 97224
REQUEST: The applicant has requested Conditional Use approval to operate a group home
daycare for up to 12 children, from a single-family residence within a residential
zone.
LOCATION: 10548 SW Kent Street; WCTM 2S115AA, Tax Lot 02200.
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, 18.705, 18.725,
18.745, 18.765, 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 PLANNING COMMISSION AND/OR 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. 320 (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 OBTP;IN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON
THE APPLICATION.
IF A PERSON SUBMITS EVIDEii.,� IN SUPPORT TO THE APPLICATION ��SS 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 (25�) 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 COP.Y 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 MATHEW SCHEIDEGGER AT
(503)639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223.
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CITY OF TIGARD
H EA R I N G S O F F I C E R CITY OF TIGARD
Community�DeveCopment
JUNE 18, 2001 - 7:00 PM S�iapingABetterCommunity
AGENDA
1. CALL TO ORDER
2. PUBLIC HEARING
2.1 ROSS DAYCARE
CONDITIONAL USE PERMIT (CUP) 2001-00001
PROPOSAL: The applicant has requested Conditional Use approval to operate a group home daycare for up to 12
children, from a single-family residence within a residential zone.
LOCATION: 10548 SW Kent Street; WCTM 2S115AA, Tax Lot 02200.
ZONING DESIGNATION: 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
1,500 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, 18.105, 18.125, 18.145, 18.165, 18.195 and 18.810.
3. OTHER BUSINESS
4. ADJOURNMENT
CITY OF TIGARD HEARINGS OFFICER PAGE 2 OF 2
6/18I2001 PUBLIC HEARING AGENDA
• � r
CITY OF TIGARD
HEARING'S OFFICER
JUNE 18, 2001 - 7:00 PM
TOWN HALL
TIGARD CITY HALL,
13125 SW HALL BOULEVARD
TIGARD, OR 97223
�� Anyone wishing tospeakon an agenda item
must sign-in on the appropriate sign-in sheets.
PUBLIC NOTICE:
Assistive Listening Devices are available for persons with impaired hearing and
should be scheduled for Hearings Officer meetings by noon on the Friday prior to
the meeting. Please call (503) 639-4171, Ext. 320 (voice) or (503) 684-2772 (TDD -
Telecommunications Devices for the Deaf�. Upon request, the City will also
endeavor to arrange for the following services:
➢ Qualified sign language interpreters for persons with speech or hearing
impairments; and �
➢ Qualified bilingual interpreters.
Since these services must be scheduled with outside service providers, it is important to
allow as much lead time as possible. 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.
, OVER FOR HEARING AGENDA ITEM(S)
CITY OF TIGARD HEARING'S OFFICER PAGE 1 OF 2
6118/2001 PUBLIC HEARING AGENDA
Agenda Item: 2.1
Hearin Date: 6.18.2001 Time: 7:00 PM
STAFF REPORT TO THE
HEARING'S OFFICER CITYOFTIGARD
Commur�ity�Df z�eCapment
FOR THE CITY OF TIGARD, OREGON 5�����`aetter�'°l,tmu,ttty
120 DAYS = 08/20/2001
SECTION I. APPLICATION SUMMARY
FILE NAME: ROSS DAYCARE FACILITY
CASE NOS: Conditional Use Permit (CUP) CUP2001-00001
APPLICANT: Gayla Ross OWNER: Jeffrey & Gayla Ross
9515 SW Elrose Street 10548 SW Kent Street
Tigard, OR 97224 Tigard, OR 97224
PROPOSAL: The applicant has requested Conditional Use approval to operate a
group home daycare for up to 12 children, from a single-family residence
within a residential zone. The applicant has one full time employee living
at the residence.
LOCATION: 10548 SW Kent Street; WCTM 2S115AA, Tax Lot 02200.
COMPREHENSIVE
PLAN AND
ZONING
DESIGNATION: 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,
18.705, 18.725, 18.745, 18.765, 18.795 and 18.810.
SECTION II. STAFF RECOMMENDATION
Staff recommends that the Hearings Officer find that the proposed Conditional Use Permit
will not adversely affect the health, safety and welfare of the City and meets the Approval
Standards for a Conditional Use. Therefore, Staff recommends APPROVAL, subject to the
followin recommended Conditions of A roval:
ROSS DAYCARE PAGE 1 OF 11
CUP2001-00001 6/18/2001 STAFF REPORT TO THE HEARINGS OFFICER
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
u mit to t e anning ivision at ew c ei egger, , ext. or review
and approval:
1. Provide evidence that the proposed use complies with the Uniform Building Code
Standards.
2. Someone must be living at the site at all times for it to qualify as a single-family
dwelling and group home daycare facility.
3. Provide a 2 stall bicycle parking structure that is not within parking aisles, landscaping
or pedestrian ways.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM
THE EFFECTIVE DATE OF THE HEARINGS OFFICERS REPORT.
SECTION III. BACKGROUND INFORMATION
Site Historv:
Staff conducted a computer search for case history on the subject parcel and found no
previous land use cases for this property.
Vicinit� Information: tn
The site is located on the south side of SW Kent Street and east of SW 108 Avenue. The
property is zoned R-4.5 and is completely surrounded by property zoned R-4.5.
Site Information and Pro osal Descri tion:
he applicant as requested onditional Use approval to operate a group home daycare for
up to 12 children, from a single-family residence within a residential zone. No new
construction is imposed, and operation hours are limited from 7:30 AM to 6:00 PM. The
applicant has been running the proposed daycare out of the subject site for 9 months before
she was informed that she needed approval for the use.
Concerns Raised b Nei hbors:
Staff received 7 letters rom neighbors addressing the same issues; noise and increased
traffic.
Staff Response: The �roposed use is for a daycare with 7-12 children. Operation hours
are from 7:30 AM to 6:00 PM According to the Tigard Municipal Code,
noise decibel levels can reach up to 50 Dba durin� the hours of 7:00 AM
to 10:00 PM The daycare closes at 6:00 PM allowing the decibel level to
be reduced long before the cut-off time of 10:00 PM Other noise
dampening features include the 6-foot-high wood fence that
encompasses the entire rear yard. The fence is lined with lar e
arborvitae on the east and west property lines and 3 mature trees at t�e
south end of the property.
Vehicle trips have increased with the opening of the daycare. However, the daycare has
been operating for 9 months before the conditional use was applied for and the City did not
receive any complaints. According to the City's Engineering Department, the proposed use
will not create a significant impact on public facilities and traffic impact is minimal. Five (5)
cars drive into the neighborhood to drop children off before 3:00 P.M. not including the
school bus and six (6) cars drive into the neighborhood to pick-up children after 3:00 P.M.
ROSS DAYCARE PAGE 2 OF 11
CUP2001-00001 6/18/2001 STAFF REPORT TO THE HEARINGS OFFICER
SECTION IV. REPORT MAKING PROCEDURES, PERMITS AND USE
Use Classification: Section 18.130.020. Lists the Use Categories.
The applicant is proposing to use an existing single-family home as a commercial daycare.
This use is classified as Group Home Daycare, which is listed as a Conditional Use in the
R-4.5 zone.
Summary Land Use Permits and Report Makinq Procedures:
Chapters 18.310 and 18.390
The proposed use (Group Home Daycare) requires a Conditional Use permit which is a T�pe
III-HO decision. Type III-HO procedures apply to quasi-judicial permits and actions hat
predominantly contain discretionary approval criteria. Type III-HO actions are decided by the
Hearings Officer with appeals to the City Council.
SECTION V. SUMMARY OF APPLICABLE CRITERIA
A summary of the applicable criteria in this case in the Chapter order in which they are
addressed in this report are as follows:
A. S ecific Conditional Use Criteria
eneral Approval Criteria)
Additional Conditions of Approval)
B. licable Develo ment Code Standards
1 . 05 Access, Egress & Circulation)
18.745 Landscaping and Screening�
18.765 Off-Street Parkin and Loading Requirements)
18.795 Visual Clearance}�
C. Street tilit and Im rovement Standards
D Impact Stu 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 III-HO procedure, as regulated by Chapter 18.390.050
requirements in Chapter 18.330.
General Approval Criteria for a Conditional Use: Section 18.330.030:
The site size and dimensions provide adequate area for the needs of the proposed
use;
The size of the site is 5,511 square feet and is consistent with the Planned Development
standards for the R-4.5 zoning district with a Planned Development overlay. The site is
developed with a single-family home. The applicant's request is to run a group home
daycare from the single-family home with one employee living at the site. The site provides
adequate area for the proposed use.
The impacts of the proposed use of the site can be accommodated considering size,
shape, location, topography and natural features;
ROSS DAYCARE PAGE 3 OF 11
CUP2001-00001 6/18/2001 STAFF REPORT TO THE HEARINGS OFFICER
The site is developed with a 2,400 square foot single-family home with a 1,540 square foot
back yard. The rear yard is screened from adjoining properties with a 6-foot-high wooden
fence and arborvitae. Therefore, the site is suitable for the proposed daycare.
All required public facilities have adequate capacity to serve the proposal; and
All public facilities including streets, storm and sanitary sewers and water are pre-existing and
have adequate capacity to serve the site.
The applicable requirements of the zoning district are met except as modified by this
chapter.
The following table provides the dimensional standards in the R-4.5 zone, the additional
dimensional requirements and approval standards for Group Home Daycare are specified in
the Conditional Use Standards Section 18.330.050.B.19.
TABLE 18.510.2 -(Cont'd.)
DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES
STANDARD R-4.5 Conditional Existing
Use
Minimum Lot Size
- Detached unit 7,500 sq. ft. 5,000 sq. ft. 7,500 sq.ft.
- Duplexes 10,000 sq.ft.
-Attached unit 1
Average Minimum Lot Width
- Detached unit lots 50 ft. 50 ft. 55 ft.
- Duplex lots 90 ft. 90 ft.
-Attached unit lots
Maximum Lot Coverage
Minimum Setbacks
- Front yard 20 ft. 20 ft. 45 ft.
-Side facing street on corner&through lots 15 ft. 15 ft. -
-Side yard 5 ft. 5 ft. 5.4 ft.
- Rear yard 15 ft. 15 ft. 28 ft.
-Side or rear yard abutting more restrictive - - -
zoning district 20 ft. 20 ft. -
- Distance between property line and front of
ara e
Maximum Height 30 ft. 30 ft. 30 ft.
Minimum Landscape Requirement
[1]Single-family attached residential units permitted at one dwelling per lot with no more that five attached units in one grouping.
[2]Lot coverage includes all buildings and impervious surfaces.
' Multiple-family dwelling unit
" Single-family dwelling unit
The proposed use will occupy a pre-existing single-family home, which was constructed
under the Dover Landing No. 2 subdivision. All lots within the subdivision equal an average
lot size of 7,500 square feet and single-family homes were constructed according to standard
setbacks of the R-4.5 zoning district. Building permits for all homes in the zone were required
to meet height requirements.
The supplementary requirements set forth in other chapter of this Code including but
not limited to Chapter 18.780, Signs, and Chapter 18.360, Site Development Review, if
applicable, are met.
ROSS DAYCARE PAGE 4 OF 11
CUP2001-00001 6/18/2001 STAFF REPORT TO THE HEARINGS OFFICER
The applicable review criteria in this case include the following chapters of the Community
Development Code: 18.330, Conditional Use; 18.390 ReporE Making Procedures;18.516,
Residential Zoning Districts, 18.705, Access, Egress and Circulation; 18.745, Landscaping
and Screening; 18.765, Off-Street Parking; 18.795, Visual Clearance Areas. The
development standards and requirements of these chapters are addressed below.
The proposal contains no elements related to the provisions of the following cha pters:
18.600, Community Plan Area Standards; 18.710, Accessory Residential Units; 18.715,
Density Computations; 18.720, Design Compatibility Standards; 18.725, Environmental
Performance Standards; 18.730, Exceptions to Development Standard; 18.740, Historic
Overlay; 18.742, Home Occupations; 18.750, Manufactured/Mobile Home Regulations;
18.760;, Nonconforming Situations; 18.780, Temporary Uses; 18.790, Tree Removal 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.
Section 18.330.030.B states that the Hearings Authority may impose conditions on the
approval of a conditional use, which are found necessary to ensure the use is
compatible with other uses in the vicinity, and that the impact of the proposed use on
the surrounding uses and public facilities is minimized. These conditions may
include, but are not limited to the following:
Limiting the hours, days, place and/or manner of operation;
The applicant has set hours of operation, which are 7:30 AM to 6:00 PM No additional
condition is needed.
Requiring design features which minimize environmental impacts such as noise,
vibration, air pollution, glare, odor and/or dust;
Based on the proposed use, noise could be a factor when children are present in the rear
yard. Howeve�, the rear yard to be used is screened with a 6-foot-high wooden fence and is
buffered with 5 arborvitae on the west side of the property and 4 arborvitae on the east side
of the pro�erty. Three (3) large trees exist at the rear of the property. Any noise violations
can be es ablished through Tigard Municipal Code section 7.40.130.
Requiring additional setback areas, lot area, and/or lot depth or width;
The plans provided show a 9-foot side yard setback on the east property line and a 5.4-foot
setback on the west side of the site. The side yards are the crucial areas of the site where
children could potentially be bothersome to adjacent property owners due to noise. However,
as described above, the daycare will only operate within sfrict hours (7:30 AM to 6:00 PM)
and both side yards have been screened with a 6-foot-high wooden fence and landscaping.
Limiting the building height, size or lot coverage, and/or location on the site;
The site is developed with an existing single-family home. The applicant could not add on to
the structure without meeting setbacks associated with the base zone. Therefore, no
additional condition is needed.
ROSS DAYCARE PAGE 5 OF 11
CUP2001-00001 6/18/2001 STAFF REPORT TO THE HEARINGS OFFICER
Designating the size, number, location and/or design of vehicle access points;
The vehicle access point to the home is pre-existing in the form of a 25-foot driveway.
Requiring street right-of-way to be dedicated and street(s) to be improved;
Street and utilities are pre-existing and according to the Engineering Department, no
conditions are necessary.
Requiring landscaping, screening, drainage and/or surfacing of parking and loading
areas;
No additional landscaping is required with this project. The applicant has adequate
landscaping, including a 6-foot-high fence to help buffer noise in the rear yard.
Limiting the number, size, location, height andlor lighting of signs;
Only one sign, approximately 1.5 square feet is allowed. No additional condition is needed.
Limiting or setting standards for the location and/or intensity of outdoor lighting;
The applicant has indicated that the group home daycare will operate no later than 6:00 P.M.
No outdoor lighting has been proposed with this proposal. Therefore, no additional condition
is needed.
Reguiring berms, screening or landscaping and the establishment of standards for
their installation and maintenance;
Buffering and screening is discussed further in this report. However, additional screening,
above and beyond whaf is already required, is not necessary.
Requiring and designating the size, height, location andlor materials for fences;
The plans submitted by the applicant show a 6-foot-high good neighbor fence. No additional
requirement is needed.
Requiring the protection and preservation of existing trees, soils, vegetation,
watercourses, habitat areas and/or drainage areas;
No landscaping will be removed as a result of this report. Therefore, no protection and/or
preservation are needed.
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
No 100-year floodplain is associated with this application. Therefore, no bicycle path can be
conditioned.
Requiring the construction of a pedestrian/bicycle pathway within the floodplain in
accordance with the adopted pedestrianlbicycle pathway plan.
No 100-year floodplain is associated with this application.
C. APPLICABLE DEVELOPMENT CODE STANDARDS
Access, Egress and Circulation Chapter 18.705:
Minimum Access Requirements for Commercial and Industrial Use:
Section 18.705.030.1��rovides the minimum access requirements for commercial and
industrial uses: Table 18.705.3 indicates that the required access width for
developments with more than 0-99 parking spaces is a 30-foot-wide access points with
ROSS DAYCARE PAGE 6 OF 11
CUP2001-00001 6/18/2001 STAFF REPORT TO THE HEARINGS OFFICER
24 feet of pavement. Vehicular access shall be rovided to commercial or industrial
uses� and shall be located to within 50 feet of �he primary ground floor entrances;
additional requirements for truck traffic may be placed as conditions of site
development review.
The proposed use is considered a commercial use within a residential zone. However, one
of the owners employee's lives at the site. Therefore, the parcel can remain a single-family
home and meet the access standards for a single-family residence ((1) 15-foot access with
10 feet of paving.).
FINDING: Based on the analysis above, staff finds that the access and egress standards
are satisfied.
Landsca in and Screenin — Cha ter 18.745:
Street trees: Section 18.7 5.040 states that all development 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).
Street trees are pre-existing as part of the Dover Landing Subdivision No. 2. Therefore, no
additional street trees will be required.
Buffering and Screening:_
Buffering and screening is required to reduce the impacts on adjacent uses which are
of a different type in accordance with the matrices in this chapter (Tables 18.745.1 and
18.745.2). The owner of each proposed development is responsible for the installation
and effective maintenance of buffering and screening. When different uses would be
abutting one another except for separation by a right-of-way, buffering, but not
screening, shall be required as specified in the matrix;
Because the site is occupied and maintained as a single-family dwelling, no buffering or
screening is required.
Screening - Special Provisions:
Section 18.745.050.E requires the screenin� of �arking and loading areas.
Landscaped parking areas shall include special design features which effectively
screen the parking lot areas from view. Planting materials to be installed should
achieve a relative balance between low lying and vertical shrubbery and trees. Trees
shall be planted in landscaped islands in all parking areas, and shall be equally
distributed on the basis of one (1) tree for each seven (7) parking spaces in order to
provide a canoQy effect. The min�mum dimension on the landscape islands shall be
three (3) feet wide and the landscaping shall be protected from vehicular damage by
some form of wheel guard or curb.
The proposed daycare does not include a parking lot. The applicant will be using the existing
driveway for pick-up and drop-off of children, however, the site will be occupied and
maintained by an employee. Therefore, the proposed site will remain a single-family
residence and no parking lot will be required.
FINDING: Based on the analysis above, staff finds that the access and egress standards
are satisfied.
Off-Street Parkinq and Loading (18.765):
Disabled-Accessi le Parking:
All parking areas shall be provided with the required number of parking spaces for
disabled persons a� specifiied by the State of Oregon Uniform Building Code and
federal standards. Such parking spaces shall be sized, signed and marked as required
by these regulations.
ROSS DAYCARE PAGE 7 OF 11
CUP2001-00001 6/18/2001 STAFF REPORT TO THE HEARINGS OFFICER
The proposed daycare will operate within a single-family home. Therefore, no parking areas
will be required. The existing driveway will be used for picking-up and dropping off children.
The driveway is 25 feet in width, which exceeds standard ADA stall spacing. However, the
applicant will be required to provide evidence that the proposed use compties with the
Uniform Building Code Standards.
Access Drives:
With regard to access to public streets from off-street parking: access drives from the
street to off-street parking or loading areas shall be designed and constructed to
facilitate the flow of traffic and provide maximum safety for pedestrian and vehicular
traffic on the site; the number and size of access drives shall be in accordance with
the requirements of Chapter, 18.705, Access, Egress and Circulation; access drives
shall be clearly and permanently marked and defined through use of rails, fences,
walls or other barriers or markers on frontage not occupied by service drives; access
drives shall have a minimum vision clearance in accordance with Chapter 18.795,
Visual Clearance; access drives shall be improved with an asphalt or concrete surface;
and excluding single-family and duplex residences, except as provided by Subsection
18.810.030.P, groups of two or more parking spaces shall be served by a service drive
so that no backing movements or other maneuvering within a street or other public
right-of-way will be required.
The proposed use will not change the site from a single-famil residence based on the fact
that an employee will be living in the home. Therefore, the si�e is excluded from the above
standard.
Parking Lot Striping:
Except for single-family and duplex residences, any area intended to be used to meet
the off-street parking requirements as contained in this Chapter shall have all parking
spaces clearlX marked; and all interior drives and access aisles shall be clearly
marked and signed to show direction of flow and maintain vehicular and pedestrian
safety.
The proposed site plan is considered exempt from parking lot striping because the structure
being used for the proposed use is occupied by one of the employees. Therefore, the site is
considered a single-family dwelling.
Wheel Stops:
Parking spaces along the boundaries of a parking lot or adjacent to interior
landscaped areas or sidewalks shall be provided with a wheel stop at least four inches
high located three feet back from the front of the parking stall. The front three feet of
the parking stall may be concrete, asphalt or low lying landscape material that does
not exceed the height of the wheel stop. This area cannot be calculated to meet
landscaping or sidewalk requirements.
No walkways or interior landscaping is associated with this application. Wheel stops would
only hinder the owner from using the garage as additional parking. Therefore, this standard
does not apply.
Space and Aisle Dimensions:
Section 18.765.040.N states that: "except as modified for angled parkin in Figures
18.765.1 and 18.765.2 the minimum dimensions for parking spaces are: 8� feet x 18.5
feet for a standard space and 7.5 feet x 16.5 feet for a compact space; aisles
accommodating two direction traffic, or allowing access from both ends, shall be 24
feet in width.
The proposed site is considered a single-family home. According to this chapter, single-
family homes are exempt from parking lot striping. Therefore, this standard does not apply.
ROSS DAYCARE PAGE 8 OF 11
CUP2001-00001 6/18/2001 STAFF REPORT TO THE HEARINGS OFFICER
Bicycle Parking Location and Access:
Section 18.765.050 states bicycle parking areas shall be pravided at locations within
50 feet of primary entrances to structures; bicycle parking areas shall not be located
within parking aisles, landscape areas or pedestrian ways; outdoor bicycle parking
shall be visible from on-site buildings and/or the street. When the bicycle parking area
is not visible from the street, directional signs shall be used to located the parking
area; and bicycle parking may be located inside a building on a floor which has an
outdoor entrance open for use and floor location which does not require the bicyclist
to use stairs to gain access to the space. Exceptions may be made to the latter
requirement for parking on upper stories within a multi-story residential building.
Parking for the proposed use has been based on a 1 classroom setting. Therefore, the
applicant will be required to provide a 2 stall bicycle parking structure that is not within
parking aisles, landscaping or pedestnan ways.
Bicycle Parkin Design Requirements:
Section 18.76�050.C. The followin design_requirements a pply to the installation of
bic�cle racks: The racks required�or required bicycle parking spaces shall ensure
tha bicycles may be secu�ely locked to them without undue inconvenience. Provision
of bicycle lockers for long-term (employee parking is encouraged but not required;
bicycle racks must be securely anchore to the ground, wa�l or other structure;
bicycle parking spaces shall be at least 2'/z feet by six feet long, and, when covered
with a vertical clearance of seven feet. An access aisle of at least five feet wide shal�
be provided and maintained beside or between each row of bicycle parkin g, , each
required bicycle parking space must be accessible without moving another-bicycle•
required bicycle parking spaces may not be rented or leased except where requirec�
motor vehicfe parking is rented or leased. At-cost or deposit fees for bicycle parking
are exempt from this requirement; and areas set aside for required bicycle parking
must be clearly reserved for bicycle parking only. Outdoor bicycle parking facilities
shall be surfaced with a hard surfaced material, i.e., pavers asphalt, concrete or
similar material. This surface must be designed to remain well c�rained.
The applicant has not rovided detail of the required bicycle parking rack, therefore, Staff can
not determine if this s�andard has been met. If the applicant submits a detail of the bicycle
rack, Staff will be able to review it to insure that the design complies with the standards of the
Code.
Minimum Bicycle Parking Requirements:
The total number of required bicycle parking spaces for each use is specified in Table
18.768.2 in Section 18.765.070.H. In no case shall there be less than two bicycle
parking spaces.
The applicant has been conditioned earlier in this report to provide a 2 stall bicycle parking
structure. -
Minimum Off-Street Parking:
Section 18.765.070.H states that the minimum and maximum parking shall be as
required in Table 18.765.2.
Table 18.765.2 states that the minimum off-street parking for a day care facility is 2.0 spaces
per classroom. However, the proposed site is to remain a single-family dwelling based on
one employee living at the site full time. Therefore, in order for the proposed use to remain in
compliance with the off-street parking standards, the applicant will be conditioned to have
someone living in the home at all times.
FINDING: Based on the analysis above, the off-street parking and loading standards have
not been met. If the applicant complies with the conditions listed below, the
standards will be fully met.
ROSS DAYCARE PAGE 9 OF 11
CUP2001-00001 6/18/2001 STAFF REPORT TO THE HEARINGS OFFICER
CONDITIONS:
. Provide evidence that the proposed use complies with the Uniform
Building Code Standards.
. Someone must be living in the home at all times for it to qualify as a
single-family dwelling and group home daycare facility.
. Provide a 2 stall bicycle parking structure that is not within parking aisles,
landscaping or pedestrian ways.
Visual Clearance Areas — Chapter 18.795:
Section 18.795.020.A. states that the provisions of this chapter shall apply to all
development including the construction of new structures, the remodeling of existing
structures and to a change of use which increases the on-site parking or loading
requirements or which changes the access requirements.
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, exce pt that trees
exceeding this height may be located in this area, provided all branches below eight
feet are removed.
There are no proposed structures inside of the vision clearance area. The site plan indicates
that there is a street tree on both sides of the driveway within the 30-foot clearance area.
Based on a site visit conducted by staff the trees are trimmed in excess of 8 feet. Therefore,
this criterion has been met.
FINDING: Based on the analysis above, the standards of Chapter 18.795, Visual
Clearance Areas have been met.
C. Street And Utility Improvements Standards - Chapter 18.810:
Chapter 18.810 provides construction standards for the implementation of public and
private facilities and utilities such as streets, sewers, and drainage.
Engineering Staff has evaluated the proJ'ect and determined the proposed use will not create
a significant impact on public facilities. Traffic impact is minimum and the house being used
is already served with public utilities. Therefore, no street and/or utility conditions are
necessary.
D. Im act Stud : -
Section 18.390.04 .B.2.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
propert�r interests, the applicant shall either s�ecifically concur with a requirement for
public right-of-way dedication, or provide evidence that supports that the real property
dedication is not roughly proportional to the projected impacts of the development.
No street improvements or dedication of right-of-way are proposed or required with this
application. Public utilities are pre-existing and according to the narrative, there is a
maximum of 11 vehicle trips per day. Vehicre trips are calculated as 5 vehicles dropping of
children before 3:00 P.M. and 6 vehicles picking up children after 3:00 P.M. The ma�ority of
the children are dropped off at the site by school bus and carpooling accounts for the low
number of vehicle trips generated by the daycare.
ROSS DAYCARE PAGE 10 OF 11
CUP2001-00001 6/18/2001 STAFF REPORT TO THE HEARINGS OFFICER
SECTION VII. OTHER STAFF COMMENTS
The City of Tigard Engineering Department has reviewed the proposal and offered the
following comment:
♦ It does not appear that this use would create a significant impact on public facilities.
Traffic impact is minimal and the house is already served with public utilities.
The City of Tigard Long Range Planning Division has reviewed the proposal and has no
objections to it.
The City of Tigard Urban Forester/Operations Department has reviewed the proposal and
has no objections to it.
The City of Tigard Building Division has reviewed the proposal and offered the following
comments:
♦ Any building or portion thereof used for daycare purposes for more than six persons must
comply standards set forth in the Uniform Building Code.
The City of Tigard Operations Department has reviewed the proposal and has no
objections to it.
The City of Tigard Police Department has reviewed the proposal and has no objections to
it.
SECTION VIII. AGENCY COMMENTS
Unified Sewerage Agency has reviewed the proposal and has no objections.
NW Natural Gas Co. has reviewed the proposal and has no objections to it.
Tualatin Valley Fire and Rescue, Oregon De partment of Environmental Quality, Oregon
Department of Fish and Wildlife, US Army Corps of Engineers, PGE, NW Natural Gas,
TCl Cable, General Telephone, Tri-Met, and Quest were given the opportunity to review
this proposal and submitted no comments or objections.
c � �'�"« June 8. 2001
P E AR BY•r egger DATE
Assistant Planner
%
�
'' t June 8. 2001
APPROVED BY: Richard Bewersdorff DATE
Planning Manager
i:\curpin\mathew\cup\CUP2001-00001.doc
ROSS DAYCARE PAGE 11 OF 11
CUP2001-00001 6/18/2001 STAFF REPORT TO THE HEARINGS OFFICER
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Tipard,OR 97223
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NeF� Text Document (3) .txt
6 March 2001
JeFf and Gayla Ross
9515 SW Elrose St
Tigard, OR 97223
Rs: Condrtional Uss Permit at 10548 SW KsM St, Tigard
In rsspo�se to your Isller of 23 February 200) wnoerning ths above-captio�ed psrmiF for a
group day oore, we w+sh Fo sMM that we are against this proposol in our �ighborhood. Ws
have notioed ar times that thsre seem ro be a greot manr linle voioss ooming from that yard but
assumsd it was just the child�en livi�g at that address. We enjay many of ths children in ths
surrounding neighborhood buF Feel tFwf importir►g" d�ildren ro a day oaro facility would bring in
more iraFFic and vwuld bs an unfavorable impad to this area.
We bslieve thal a oommercial business should not be (ooared in a ros'idsntial neighborhood when
it increases both ndse and traffic abave the rarmal. We aro senior alinens and enjoy the peacs
and quietness of our home ond, narurolh►, aro home most af the fime and somefimes nap in ths
aflernoons. In w�arm vrsatF� our windows aro opsn to our back yard and y�oun.
Thank you for ths nol�ying us in this regard and w�e v�nll be unable to atlend the Meeting on 9
March 2001.
Sinoerelr, .
a r��. �Jt�
Henry and lorraine Hrds
10521 SW River Dr
(503► 624-0872
a: Planning Dsp1
City of Tigard
Page 1
March 6, 2001
10543 SW River Dr
Tigard OR 97224
(503)684-4994
Jeff and Gayla Ross
9515 SW Elrose St
Tigard OR 97223
RE: Condition Use Permit at 10548 SW Kent St, Tigard
We received your letter dated February 23, 2001 conceming a proposed
group day care at 10548 SW Kent St. Our back yard adjoins your back yard
at the SE comer. We have noticed noise from children in your yard
playing at various times, yelling and screaming as they play. We assumed
it was a family living there with children. The noise is very loud as
though it were in our own yard, as the distance is only 30 ft or so from
us. This impacts negatively the enjoyment of our own home and we would
strongry object to a day cace at that address.
We da not think that a commercial business should be located in the midst
of a residential neighborhood when it impacts residerrts adversely. We
value peace and quiet as we are home during the day. We and other
neighbors are retired.
Thank you fw natifying us about this, Que to a prior committment we
cannot attend the meeting Friday, March 9.
�
Sincerely,
y�-��, � � � �-°-� � ��.�,.�
Keith and C ckson
�
�r�S� Alvin A. Hieb y
� ee{� � 10530 SW Titarz Ln ��=�-�
Tigard, OR 97224-4320
503-639-9757(H): 503-639-8951 (0) �
�ner:,
March 7, 2001
Jeff and Gayla Ross
9515 SW Elrose Street
Tigard, OR 97223
Jeff and Gayla Ross:
This is in reference to a proposed conditional use permit for a "small group home day
care" facility letter of February 23, 2001. In that letter you announced a meeting at your place on
Friday, March 9, 2001 at 7:�0 p.m.. The purpose, I believe, is to obtain input from neighbors
relative to the proposed facility for up to 12 children between the ages of two and 12 years old.
This facility would be located at 10548 SW Kent Street, Tigard, OR 97224
Since this meeting is arranged at a very unusual day of the week . . . Friday, which is a bad
day to call a meeting and makes it very difficult for people to attend. I will not be able to attend.
I do wish, however, to place my concerns into the record. I will share my letter with neighbors
and will send a copy of this letter to the City of Tigard.
I have concerns of such a facility being placed into the middle of a residential
neighborhood for several reasons.
First, is this a "small group home"or"small day care"facility? Big difference.
"Small Group Home" infers that these children live there on a continual basis as part of
some court appointed or other directed reason. Day care would infer that children arrive
sometime around 6:30 a.m. and leave by 6:00 p.m., Monday through Friday. THERE IS
A BIG DIFFERENCE BETWEEN THE TWO MEANINGS. As neighbors on Kent
Street and surrounding streets, I would be concerned over the use of those terms. What
is the facility?
Second, it appears that this is an absentee owner business. It appears that this is
strictly a business and the owners/operators will not be living at that location, making it
their home in conjunction with this proposed business. Unless this is also an occupied
home by the owner/operator, I would be totally opposed to such an operation in the
neighborhood, not withstanding the other concerns I have.
Third, this facility poses traffic problems. We do not need the additional traffic that
that operation will create on Kent Street, 104�' Street, 108`�' Street, Titan Lane, and other
surrounding streets used as ingress/egress to the facility. Pm sure the traffic generated by
this facility will exceed at least in excess of 30 additional vehicles a day on Kent Street and
surrounding streets. This will pose traffic safety issues with neighborhood kids already
LIVING on the street.
Fourth, facility poses potential child safety and supervision problems. Are these
children going to be allowed in the street to play (some of the time, all of the time, or none
of the time)? Remembering that this facility creates increased traffic on Kent Street, any
additional kids, up to 12, allowed to play in the street will create even greater traffic safety
issues for all concerned. Another issue that arises is whether or not these kids, if allowed
off the property, will be supervised constantly. I'm sure that Kent Street residents will be
concerned about whether or not they have to do some"parenting"in addition to their own
kids.
I'm sure that there will be other concerns expressed by other individuals, but these were
the first problems that popped up in my mind. While I do not live on Kent Street, I know that
that street and Titan Ln. are very good family oriented neighborhood streets and there are
numerous children, of all ages, living there. I, for one, would like to keep it that way. We are
already faced with considerable amounts of traffic without the increased traffic your facility would
pose. This traffic can only create additional hazards for children living on those streets.
Thank you for allowing me to express my concerns. I know that you probably were
hoping that everyone would be happy with your proposal, but I do have concerns about what it
will do to the neighborhood.
Yours truly,
Alvu� A. Hieb
CC: City of Tigard
l��i � .�; ,� T�,�r!'1'10�.w�
JEFF AND GA YLA R OSS
951 S SW Elrose Street
Tigard, OR 97223
Februarv ?3, 2001
RE: CONDIT[ONAL USE PERMIT
Dear Interested Partv:
We are the owners of the property located at 10548 SW Kent �tre�t in Tieard, Ore�on.
—
Vb�e are considering proposing a small �rouP home day care at this location. This day care al 1����s
r
up to 12 children between the ages of 2-12 years old.
Prior to applying to the City of Tigard for the necessary permit, we w�ould like to discuss
the proposal in more detail with the surrounding property owners and residents. You are in�ited
to attend a meeting on:
FRIDAY, MARCH 9, 2001
7:00 PM
951� SW ELROSE STREET
Tigard, Oregon
Please notice this will be an informal meeting on preliminary plans. These plans ma� be
altered prior to submission of the application to the City.
`��e look forward to more speci:icaliy discussing this proposal with y ou. Please call �O.i-
684-8173 if vou have any questions. •
Sincerely,
, � �
t�� .. �.��� %
J CL
Jeff and Ga��la Ross
, ,
REQUEST FOR COMMENTS CITY OF TIGARD
�'ommunity�17eveCopment
S�apingA BetterCommunity
DATE: April 24,2001
f0: PER ATTACHED
FROM: City of Ti9ard Planning Diuision
STAFf CONTACT: Mathew Scheitlegger,Assistant Planner[x31n
Phone: [5031639-41T1/Fax: [5031684-1291
CONDITIONAL USE PERMIT[CUP12001-00001
➢ ROSS DAYCARE �
REQUEST: The applicant has requested Conditional Use approval to operate a group home daycare
for up to 12 children, from a single-family residence within a residential zone. LOCATION: 10548 SW
Kent Street; WCTM 2S115AA, Tax Lot 02200. 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, 18.705, 18.725, 18.745, 18.765, 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:
MAY 8, 2001. You may use the space provided below or attach a separate letter to return your comments.
If you are unable to respond by the above date, please phone the staff contact noted 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:
�2'fease provide tke foc����nfo�tton�Name of Person[sl Commenting:
Phone Number[sl:
, CITY�F TIGARD REQUEST FOR COf ENTS
NOTIFICATION LIST FOR LAND USE & COMMUNITY DEVELOPMENT APPLICATIONS
FILE NOS.: CL���4O�'�°�D � FILE NAME:
CITIZEN INVOLYEME�IT TEAMS
14-DAY PENDING APPLICATION NOTICE TO CIT AREA: ❑Central ❑Eagt �uth ❑West �Proposal Descrip.in Li6rary CIT Book
rr�N����" ':
SLONG RANGE PLANNING/Nadine Smith,Supervisor COMMUNITY DVLPMNT.DEPTJPIanning-Engineering Techs./�,rOLICE DEPTJJim Wolf,Crime Prevention Officer
_BUIIDING DIVISION/Gary Lampella,Building Official /ENGINEERING UEPTJBrian Rager,Dvlpm�t.Review EngineeY�WATER DEPTJMichael Miller,Utilities Manager
CITY ADMINISTRATION/Cathy Wheatley.City Recorder �OPERATIONS DEPTJJohn Roy.Property Manager L/OPERATIONS DEPTJMatt Stine,Urban Forester
✓PIANNER—TIME TO POST PROJECT SITE IF A PUBLIC HEARING ITEM!
SPECIALDISTRICTS
TUAL.HILLS PARK&REC.DIST.*��TUALATIN VALLEY FIRE&RESCUE+r �C TUALATIN VALLEY WATER DISTRICT a UNIFIED SWRGE.AGENCY r�
Planning Manager Fire Marshail Administrative Office 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 Hilisboro,OR 97124
LOCAL AND STATE IURISDICTIONS
/ \
CITY OF BEAVERTON � CITY OF TUALATIN � OR.DEPT.OF FISH 8 WILDLIFE r(J QP OR DIV.OF STATE LANDS
_ Planning Manager Planning Manager 2501 SW First Avenue , ; 775 Summer Street NE
_ Irish Bunnell,Devebpment 5ervices PO Box 369 PO Box 59 ___ Salem,OR 97301-1279
PO Box 4755 Tualatin,OR 97062 Portland,OR 97207
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 +IF 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380
City Manager Portland,OR 97232-2736 Portland,OR 97232
PO Box 23483 _ Carol Hali,DataResourceCenter(ZCA) US ARMY CORPS.OF ENG.
Durham,OR 97281-3483 _ Paulette Allen,Growt�MarugerrentCooNinator OR.DEPT.OF LAND CONSERV.&DVLP 333 SW First Avenue
_ Mel Huie,Greenspaces Caordinalor(CPA/ZOA) L2ffy Ff8f1CI1(Comp.Plan AmentlmerNS Only) PO Box 2946
_CITY OF KING CITY � Jennifer Budhabhatti,a�p�aw,�.cw���35 Capitol Street NE,Suite 150 Portland,OR 97208-2946
City Manager _ C.D.Manager,GmwlhManapert�,vriServices� �/(� S�dlem,OR 97301-2540
15300 SW 116th Avenue j � ' WASHINGTON COUNTY�
King Ciry,OR 97224 _ OR.DEPT.OF ENERGY tPOW��s�,A�� _OREGON DEPT.OF TRANS.(ODOT) Dept.of Land Use&Transp.
Bonneville Power Administration A�ro�autics Division 155 N.First Avenue
CITY OF LAKE OSWEGO � Routing TTRC-Attn: Renae Ferrera.� y:fiom Highiand,Planrurg Suite 350,MS 13
Planning Director PO Box 3621 3040 25th Street,5E Hiilsboro,OR 97124
PO Box 369 Portland,OR 9720&3621 Salem,OR 97310 Brent Curtis ccPn�
Lake Oswego,OR 97034 Gregg Leion�caA�
OR.DEPT.OF ENVIRON.QUALITY(DEQ) /ODOT,REGION 1 � Anne LaMountain ncrwRe�
CITY OF PORTLAND (NOtiry for WellanCS arW Poternial Enveonme�nal Impaqs) y Sonya Kazen,Devebpment Review Coordinalor Phil Healy��cauaa�
David Knowles,P�����oe�,��o��. Regional Administrator Carl Toland, Right-of-Way Section N�a�� �Steve Conway�c�.�nocs.�
Portland Building 106,Rm. 1002 2020 5W Fourth Avenue,Suite 400 123 NW Flanders Sr.Cartographer�oP,�ao���,.
1120 SW Fifth Avenue Portland,OR 97201-4987 Portland,OR 97209-4037 Jim Nims�zcn�MS,s
Portland,OR 97204 _Doria Mateja aw�Ms,<
ODOT,REGION 1 -DISTRICT 2A�
Jane Estes,Permd Specialist
5440 SW Westgate Drive,Suite 350
Portland,OR 97221-2414
UTILITY PROYIDERS AND SPECIAL AGENCIES
PORTLAND WESTERN R/R,BURLIN N NORTHERN/SANTA FE RlR,OREGON ELECTRIC R/R(Bunmgton Northem/Santa Fe R/R Predecessor)
Roberl I.Metbo,President 8 General Manager
110 W. 10th Avenue
Albany,OR 97321
SOUTHERN PACIFIC TRANS.CO.R/R METRO AREA COMMUNICATIONS TCI CABLEVISION OF OREGON _TRI-MET TRANSIT DVLPMT.
CliHord C.Cabe,Construction Engineer Debra Palmer cn��.�n�oMr� Pat McGann Q(Pmject is WRMn%Mlle of A Transit RoUe)
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 BeaveRon,OR 97005 710 NE Holladay Street
/ �eaverton,OR 97006-4886 Portland,OR 97232
Y PORTLAND GENERAL ELECTRIC N NW NATURAL GAS COMPANY VERIZON _ QWEST COMMUNICATIONS
Jim VanKleek,Svc.Design Consultant Scott Palmer Ken Perdue,Engineering Richard Jackson,Engineering
9480 SW Bceckman Road 220 NW Second Avenue PO Box 1100 8021 SW Capitol Hill Rd,Rm 110
Wilsonville,OR 97070 Portland,OR 97209-3991 BeaveRon,OR 97075-1100 Portland,OR 97219
�TIGARD/TUALATIN SCHOOL DIST.#23J BEAVERTON SCHOOL DIST.#48 TCI CABLE�n�s.e.arHaiut�.oreswl
Marsha Butler,Administrative Offices Jan Youngquist,Demographics&Planning Dept. Diana Carpenter
13137 SW Pacific Highway 16550 SW Merlo Road 3500 SW Bond Street
Tigard,OR 97223 Beaverton,OR 97006-5152 Portland,OR 97232
�YINDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN S00'OF THE SUBJECT PROPERTY FOR AN1'lALL CITY
PROJECTS(Project Planner Is Responsible For Indicating Parties To Notify).
h:VpaUyUnasters�Request For Comments Nolificalion List 2.doc (Rewsed: 27-Mar-07)
REQUEST FOR COMMENTS CITY OF TIGARD
Community 4�eveCopment
S�aping A�etter Community
DATE: Aprii 24,2001
RECEIVED PLANNING
T0: lim Wolf,Tigard Police Department Crime Preuentlon Officer
FROM: CityofTigard Planning Division l��R 2 5 2001
STAFF CONTACT: Mathew Scheide99er,Assistant Planner[x3111 CITY OF 7fGARD
Phone: [5031639-41T1/Fax: [5031684-129]
CONDITIONAL USE PERMIT[CUP12001-00001
➢ ROSS DAYCARE Q
REQUEST: The applicant has requested Conditional Use approval to operate a group home daycare
for up to 12 children, from a single-family residence within a residential zone. LOCATION: 10548 SW
Kent Street; WCTM 2S115AA, Tax Lot 02200. 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, 18.705, 18.725, 18.745, 18.765, 18.795 and 18.810.
Attached are the Site Plan, Vicinity Map and Applicant's 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:
MAY 8, 2001. You may use the space provided below or attach a separate letter to return your comments.
If you are unable to respond by the above date, please phone the staff contact noted 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:
�4'lease prmvi�e tFtefoc����nfo�tton)Name of Person[sl Commenting: � v�r�'
Phone Number[sl: � �.�
,
REQUEST FOR COMMENTS CITY OF TIGARD
Community�UeveCopment
S(zaping A Better Community
DATE: April 24,2001
T0: Scott Palmer,NW Natural Gas Co. RECEIVED PLANNING
FROM: Cit�of Ti9ard Planning Diuision � ..�.�:' 0 i 2001
STAFF CONTACT: Mathew Scheidegger,Assistant Planner[x3171 �11�Y OF TlGApp
Phnn�: [503]639-4111/Fax: [5031684-1291
CONDITIONAL USE PERMIT[CUP12001-00001
➢ ROSS DAYCARE Q
REQUEST: The applicant has requested Conditional Use approval to operate a group home daycare
for up to 12 children, from a single-family residence within a residential zone. LOCATION: 10548 SW
Kent Street; WCTM 2S115AA, Tax Lot 02200. 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, 18.705, 18.725, 18.745, 18.765, 18.795 and 18.810.
Attached are the Site Plan, Vicinity Map and Applicant's 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:
MAY 8, 2001. You may use the space provided below or attach a separate letter to return your comments.
If you are unable to respond by the above date, please phone the staff contact noted 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:
r„����� � Br�sowski
Engin���ln�Coordinator
50 -2 -
(�Cease provide the foClowing infornuition)Name of Person[sl Commentlng: '�1��Onn,�,� � 1�72����-'(
c-K,F'//1
Phone Numper[sl:
REQUEST FOR COMMENTS CITY OF TIGARD
Community DeveCopment
S(zapingA Better Community
DATE: April 24,2001
T0: hn Roy,Property Manager/Operations Department , ��
_, �, �
FROM: Cit]I of Tigard Planning Division M AY 0 1 2001
STAFF CONTACT: Mathew Scheidegger,Assistant Planner[x31T1
Phone: [5031639-4171/Fax: [5031684-7291
CONDITIONAL USE PERMIT[CUP12001-00001
➢ ROSS DAYCARE Q
REQUEST: The applicant has requested Conditional Use approval to operate a group home daycare
for up to 12 children, from a single-family residence within a residential zone. LOCATION: 10548 SW
Kent Street; WCTM 2S115AA, Tax Lot 02200. 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, 18.705, 18.725, 18.745, 18.765, 18.795 and 18.810.
Attached are the Site Plan, Vicinity Map and Applicant's 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:
MAY 8, 2001. You may use the space provided below or attach a separate letter to return your comments.
If you are unable to respond by the above date, please phone the staff contact noted 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.
PLEA E 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:
(�Cease pravute tke foCCowing inforntation�Name of Person[sl Commentlng:
Phone Numher[sl:
REQUEST FOR COMMEHTS CITY OF TIGARD
Community�(�evelopment
ShapingA Better Community
DATE: Apr1124,2001
T0: Dennis Koellermeier,Operatlons Mana9er
FROM: City of Tigard Planning Division
STAFF CONTACT: Mathew Scheidegger,Assistant Planner[x3111
Phone: [5031639-4111/Fax: [5031684-T291
CONDITIONAL USE PERMIT[CUP12001-00001
➢ ROSS DAYCARE Q
REQUEST: The applicant has requested Conditional Use approval to operate a group home daycare
for up to 12 children, from a single-family residence within a residential zone. LOCATION: 10548 SW
Kent Street; WCTM 2S115AA, Tax Lot 02200. 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, 18.705, 18.725, 18.745, 18.765, 18.795 and 18.810.
Attached are the Site Plan, Vicinity Map and Applicant's 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:
MAY 8, 2001. You may use the space provided below or attach a separate letter to return your comments.
If you are unable to respond b�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:
— / dr G �
`� !� � � /JG<-'�'1 �G4"S /� �.(� – �fz: �-
m�-- a�r .,��� C'�,�� — ,oL...� -- S/3
(�PCease pravi�e tke foli"mcving info�mation)Name of Person[sl Commenting:
Phone Number[sl:
;
J
. *
� REQUEST FOR COMMENTS CITY OF TIGARD
Community�DeveCopment
ShapingA Better Community
DATE: Aprll 24,2001
T0: 6arf1 lampella,Building Official
FROM: City of Tigard Plannin9 Division
STA�f CONTACT: Mathew Scheideg9er,Assistant Planner[x3111
Phone: [5031639-41T1/Fax: [5031684-]297
CONDITIONAL USE PERMIT[CUP12001-00001
➢ ROSS DAYCARE Q
REQUEST: The applicant has requested Conditional Use approval to operate a group home daycare
for up to 12 children, from a single-family residence within a residential zone. LOCATION: 10548 SW
Kent Street; WCTM 2S115AA, Tax Lot 02200. 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, 18.705, 18.725, 18.745, 18.765, 18.795 and 18.810.
Attached are the Site Plan, Vicinity Map and Applicant's 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 YOUR COMMENTS BACK BY:
MAY 8, 2001. You may use the space provided below or attach a separate letter to return your comments.
If xou 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:
� A�,�c.�fl �s�.o �n �o� tF ��.c,��oa A,c�(.��s o�. i�
C�ria�,o �-3 1�nt.�,a�
(�Please pro-vide t�ie foCCowing information�Name of Person[sl Commenting: �
Phone Number[sl: �/
.
' 1997 UNIFORM BUILDING CODE 305.1
' 305.3
Division 2. Any bUllding used fOi eduCa[1ona1 purposes 3.l Division 3 Occupancies with children under the age of seven or
through the 12th grade by less than 50 persons for more than 12 containing more than 12 children per story shall not be located
hours per week or four hours in any one day. above che fourth floor;and
3.2 7'he entire story in which the day-cane facility is located is
Division 3.Any building or portion thereof used for day-care equipped with an approved manual fire alarm and smoke-
pucposes for more than six persons. detection syseem.(See ihe Fire Code.)Aceuation of an initiating
device shall sound an audible alarm throughout the entire story.
EXCEPTION:Any building or portion thereof used for family day When a building fire alarm system is�tqui�ed by other provi-
care in accordance with ORS Chapter 418,ORS Chapter 443,ORS sions of this code or the Fire Code,the alarm system shall be
657A250 and the rules adopted by the Employment Department Child connected to the building alarm system.
Care Division.
An approved alarm signal shall sound at an approved loca-
For occupancy sepatations,see Table 3-B. t;on in the day-care occupancy co indicate a fire alarm or sprin-
kler flow condition in other pottions of the building;and
305.2 Construction,Height and Allowable Area 3.3 The day-care facilicy,if more ehan 1,00o square foec(92.9 mz)
in area,is divided in[o at leas[[wo compartments of approxi-
305.2.1 General. Buildings or parts of buildings classed in mately the sarne siu by a smoke barrier with door oprnings pro-
Group E because of the use or character of the occupancy shall be tected by smoke- and draft-convol assemblies having a
limited to the types of construction set forth in Table 5-B and shall fire-protection rating of not less than 20 minutes.Smoke barti-
not exceed,in area or height,the limits specified in Sections 504, ers shall have a fire-resiscive racing of na less ehan one hour.In
505 and 506,except that the area may be increased by 50 percent addition to the requirements of Section 302,cecupancy separa-
tions between Division 3 Occupancies and other occupancies
when the maximum travel distance specified in Section 1004.2.5 shatl be conswaed as smoke ba�riers.Door open;ngs in the
is reduced by 50 percent. smoke baRier shatl be cighcfining, with gaskets installed ac
�equired by Section 1005,and shall be automazic closing by
305.2.2 Atmospheric separation requirements. actuation of the automatic sprinklers, fire alarm or smoke-
detection system.Opcnings for ducts and othen c�ating,venti-
305.2.2.1 Definitions. FOr Ihe purpose of this ChapteC and Sec- lazing and air-conditioning openings st�all be equipped with a
tiOn 1007.3,the following definitions are applicable: minimum Class[,250°F(121°C)smoke damper as defined and
tested in accordance with approved recognized standards.See
COMMON ATMOSPHERE exists between rooms, spaces Chapter 35,Part IV.The damper shall close upon detection of
or areas within a building that are not separated by an approved smoke by an approved smoke detector located within the duct,
smoke- and draft-stop barrier. or upon the activation of the fire alarm system;and
SEPARATE ATMOSPHERE exists between rooms, S aCes 3.4 Each compartment formed by the smoke barrier has not less
p than two ezits or exit-access doors,one of which is permitted to �
or areas that are separated by an approved smoke barrier. pazs chrough ehe ad�oining companmenc;and
SMOKE BARRIER consists of walls, pat[i[ions, floors and 3.5 At least one exit or exit-access door from the Division 3 Occu- I
openings therein as will prevent the transmission of smoke or P�cy shall be into a separate means of egress as defined in Sec-
gases through the construction. See Section 905. cion 1007.3;and
3.6 The building is equipped with an automatic sprinkler system
305.2.2.2 General provisions. The provisions of this section �hroughout.
apply when a separate exit system is required in accordance with Stages and platforms shall be constructed in accordance with
Section 1007.3. Chapter 4.For attic space partitions and draft stops,see Section
708.
Walls,partitions and floors forming all or part of an atmospher-
ic separation shall be as required by Section 905.2.3.Glass lights 305.2.4 Special hazards. Laboratories, vocational shops and
of approved wired glass set in steel frames may be installed in similar areas containing hazardous materials shall be separated
such walls or partitions. from each other and from other portions of the building by not less
All automatic-closing fire assemblies installed in the atmos- than a one-hour fire-resistive occupancy separation. When the
pheric separation shall be activated by approved smoke detectors. 9uantities of hazardous materials in such uses do not exceed those
listed in Table 3-D or 3-E,the requirements of Sections 307.5.2
The specific requirements of this section are not intended to and 307.8 shall apply.When the quantities of hazardous materials
prevent the design or use of other systems, equipment or tech- in such uses exceed those listed in Table 3-D or 3-E,the use shall
niques that will effectively prevent the products of combustion be classified as the appropriate Group H Occupancy.
from breaching the atmospheric separation. See Section 10073 for means of egress from laboratories in �
305.2.3 Special provisions. Rooms in Divisions 1 and 2 Occu- Group E Occupancies.
pancies used for kindergarten, first-or second-grade pupils,and Equipment in rooms or groups of rooms sharing a common at-
Division 3 Occupancies shall not be located above or below the mosphere where flammable liquids,combustible dust or hazard-
first story. ous materials are used, stored, developed or handled shall
EXCEPI'IONS:1.Basements or stones having floor levels Iocated conform to the requirements of the Fire Code.
within 4 feet(1219 mm),measured veRically,from adjacent ground
• I level at the level of exit discharge,provided the basement or story has 305.3 Location on Property. All buildings housing Group E
excerior ea;t doors ac�haz level. Occupancies shall front directly on a public ste�eet or an exit dis-
2. In buildings equipped with an automatic sprinkkr system charge not less than 20 feet(6096 mm) in width. The exit dis-
throughout,rooms used for kinderganen,firsc-and second-grade chil- charge to the public sveet shall be a minimum 20-foot-wide(6096
dren or for day-care pueposes may be located on[he second story, mm)right-of-way,unobstructed and maintained only as aecess to
� provided there are at least two exterior ezit doo�s for the exclusive use the public s[reet.A[least one required exit shall be loc3[ed on the
of such occupancs. public street or on the exit discharge. �
3.Division 3 Occupancies may be located above the fust story in
buildings of Typo!conswcuon and in Types I[-F.R.,II One-Aour and For fire-resis[ive protec[ion of exterior walls and openings,as
lI1 One-hour conswaion, subjcct eo chc lim;ca6on of Seaion 506 determined by location on property, see Section 503 and Chap-
when: ter 5.
1-17
REQUEST FOR COMMENTS CITY OF TIGARD
Community�DeveCopment
ShapingA Better�ommunity
DATE: April 24,2001
T0: Mati Stine,Urban Forester/Operadons Department
RECEIVED PLANNING
FROM: Cit�of Tigard Planning Division
P��!.Y � 7 2001
STAFf CONTACT: Mathew Scheidegger,Assistant t�anner[x3111
Phone: [5031639-4111/Fax: [5031684-1291 �%�'Y GF TtGARD
CONDITIONAL USE PERMIT[CUP12001-00001
➢ ROSS DAYCARE Q
REQUEST: The applicant has requested Conditional Use approval to operate a group home daycare
for up to 12 children, from a single-family residence within a residential zone. LOCATION: 10548 SW
Kent Street; WCTM 2S115AA, Tax Lot 02200. 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, 18.705, 18.725, 18.745, 18.765, 18.795 and 18.810.
Attached are the Site Plan, Vicinity Map and Applicant's 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:
MAY 8, 2001. You may use the space provided below or attach a separate letter to return your comments.
If you are unable to respond by the above date, please phone the staff contact noted 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:
(�Please provi�e thefoClowing infornration�Name of Person[sl Commentlng: C,r
U
Phone Number[sl:
REQUEST FOR COMMENTS CITY OF TIGARD
Community�Devefopment
S(apingA Better Community
DATE: April 24,2001
T0: Nadine Smith,Long Range Planning Superuisor i�ECEIVED PL.ANNING
FROM: City of Ti9ard Planning Division ;�,qY 1 1 Z001
STAFF CONTACT: Mathew Scheidegger,Assistant Planner[x31T1 CITY OF TIGARD
Phone: [5031639-4111/Fax: [5031684-]297
CONDITIONAL USE PERMIT[CUP12001-00001
➢ ROSS DAYCARE Q
REQUEST: The applicant has requested Conditional Use approval to operate a group home daycare
for up to 12 children, from a single-family residence within a residential zone. LOCATION: 10548 SW
Kent Street; WCTM 2S115AA, Tax Lot 02200. 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, 18.705, 18.725, 18.745, 18.765, 18.795 and 18.810.
Attached are the Site Plan, Vicinity Map and Applicant's 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:
MAY 8, 2001. You may use the space provided below or attach a separate letter to return your comments.
If you ar� 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:
��'Cease provufe tke foCCozving information�Name of Person[sl Commenting:
Phone Number[sl:
�
!
. �
.\ �
. , � "� � '�'
I
c�
� �
MAY-07 01 23:39 FROM:WASHCO LAND DEV SERV 503-846-2908 T0:5036847297 PAGE:01�01
WAS�i:[NGTON C4UNTY, ORECON
�/� �eParvnent of land Use and Transpo�tlon,Land Development Services
� 155 North Fir9t Avenue,Suite 350•13.Hillsbwo,Ure�on 97124
(503)846-8761 �FAX�(Sp3)846-2908
Mathew Scheidegger, Assistant Planner May 8, 2001
City of Tigard
Community Development
13125 SW HaIJ Boulevard
Tigard, OR 97223
FAX: 503-684-7297
# of Pages: 1
RE: Ross Daycare
City File Nurt�ber: CUP 2001-00001
Location: 10548 SW Kent Street
Tax Map and Lot Number: 2S1 15AA /22pQ
' `�`� ��
\ - _ .
. _ __
_ . � �. __ .
1 , ... _ I
Str�Cbza,b�`-
Washington County Department of Land Use and Transporta�tion has received materials
regarding the above noted development application 6ut will not �e submitting any
requiremenks/conditions. The proJect site is not adjacent to Cou�ty maintained road
sections nor is it part of a phased devel�pment that has previously be�n dete�mined to
significantly impact a County roadway,
Thank you for the opportunity to comment. (f you have any questions, please c;ontact me
at 503-846-8131.
nne LaMountain
Associate Planner �
F��SharedlLDS�WPSHAREITRANSPWOCOMM.qoc
. �,.�.. s lcs-
. Q�'r �22
�: � N� _ ��4
REQUEST FOR COMMENTS CITY OF TIGARD
Community�eveCopment
S�apingA�Better Community
DATE: April 24,2001
T0: Brian Ra9er,Development Reuiew Engineer RECEIVED PLANNING
FROM: City of Tigard Planning Di�ision P.��.Y 1 8 2001
STAFF CONTACT: Mathew Scheidegger,Assistant Planner[x31fl CITY OF TK'aAAp
Phone: [5031639-41J1/Fax: [5031684-1297
CONDITIONAL USE PERMIT[CUP12001-00001
➢ ROSS DAYCARE Q
REQUEST: The applicant has requested Conditional Use approval to operate a group home daycare
for up to 12 children, from a single-family residence within a residential zone. LOCATION: 10548 SW
Kent Street; WCTM 2S115AA, Tax Lot 02200. 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, 18.705, 18.725, 18.745, 18.765, 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:
MAY 8, 2001. 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:
�( 11�f!�, Nac /�1'ef�— '1.1� �> lX,e.s' Wx� ��CE A S��►t�IG�c�wTf ��4P�C,T oN 1�&.��
FR�qu`t�65 . 1�Fl�►c� l►�P�'( � l.A.InIIM�— . ��rc �S A4-�-�PO.l_ 9�v�D Md'Ti�! D.Bu,�.-
(1TG-�i�i
��'lease pro�vide tFie foc����nfo�tton�Name of Person[sl Commentlng: - -
Phone Number[sl: ,� ��
MAILING /
NOTIFICATION
RECORDS
120 DAYS� Y/ZOI�OO� CITY OF TIGARD
Community�Development
SjapingA Better Community
CITY OF TIGARD
�Nas�i�agtori County, Oregon
NOTICE OF FINAL ORDER BY TNE HEARINGS OFFICER
Case Number: CONDITIONAL USE PERMIT CUP 2001-00001
Case Name: ROSS DAYCARE
Name of Owner: Jeffrey and Gayla Ross
Name of Applicant: Ga la Ross
Address of Applicant: 9515 SW Elrose Street Ti ard, Ore on 97224
Address of Property: 10548 SW Kent Street
Tax Ma /Lot No.: Washin ton Count Tax Assessor's Ma 2S115AA, Tax Lot 2200.
A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS APPROVING A REQUEST FOR
CONDITIONAL USE PERMIT AND SENSITIVE LAND PERMIT APPROVAL. THE CITY OF INGS OFFICER HAS
REVIEWED THE APPLICANT'S PLANS, NARRATIVE, MATERIALS, COMMENTS OF REVIEWING AGENCIES, THE
PLANNING DIVISION'S STAFF REPORT AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER
DETAIL IN THE STAFF REPORT. THE HEARINGS OFFICER HELD A PUBLIC HEARING �N JUNE 18 2001 TO RECEIVE
TESTIMONY REGARDING THIS APPLICATION. THIS DECISION HAS BEEN BASED ON , NDINGS AND
CONCLUSIONS CONTAINED WITHIN THIS FINAL ORDER.
Request:-➢ The applicant has requested Conditional Use approval to operate a group home daycare for
up to 12 children, from a single-family residence within a residential zone.
Zone: R-4.5. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330,
18.390, 18.510, 18.705, 18.725, 18.745, 18.765, 18.795 and 18.810.
Action:-➢ ❑ Approval as Requested � Approval with Conditions ❑ Denial
Notice: Notice was published in the newspaper, posted at City Hall and mailed to:
O Owners of record within the required distance � Affected governmental a encies
� The affected Citizen Involvement Team Facilitator 0 The applicant and owner�s)
The adopted findings of fact, decision and statement of conditions can be obtained from the City of
Tigard Planning Department, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223.
Final Decision:
THIS DECISION IS FINAL ON , 2001 AND BECOMES
EFFECTIVE ON , 2001 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 fifed 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 , 2001.
Questions: If you have any questions, please call the City of Tigard Planning Division at (503) 639-4171.
jK'S� �E��P.P�,� ���oAw..�a� s.s�EM
� Q AREA NOTIFIED
° o� (500')
�
�uen isiuoee tsnmuoe:oo
:sisiuo 00 -----------
eo o eeo o�
� nsiuoeso suoe:o �yuoe000 eeo o: eeo 00 o FOR: Jeff Ross
LN suoee o ti en:oa �
een o0
o �'�"��� �'°" °"°° � ° °° � •� RE: 2S115AA 02200
� siuoeio � een ao t eeo
a SW TITAN � TITAN LN � ST ART S 10548 S�I Kent
: siuon o yuo 0o i ent o m mteata�o ———————————
6�0)�0 i 9�A0 00 2 BB1t 00 E114Bl1!!0
-----------
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_ : siuo 00 : �uo 00 :a siu oo ta su o0 2s� en: oa �B�»o anaeeiaeo
is valid for 3 months from
o KE SUBJECT SITE T the date printed on this map.
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s�oon ���ooseo srnecwao � arnecoaeo
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= 5�00010
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00S 00 0 700 200 300 Feel
s�oo: o mwecos:oo
00S 0 1'=234 feat
� ' City of Tigard
� InformaGon on this map�s(or peneral location onty and
ahoulG be verified with the Development Servicee Diviaion,
13125 SW Hall Blvd
Tiga�d,OR 97223
, (503)639-4171
htlp:lMnwe.ci.tiga rd.or.u S
Community Development Plot date: Feb 16,2001;C:lmagiclMAGIC03.APR
2S115AD-06600 2S1148B-15700
ADEN GERALD M&JANIS I TRS CALL STEPHEN J&BARBARA L
10616 SW RIVER DR 10409 SW RIVERWOODS LANE
TIGARD,OR 97224 TIGARD,OR 97224
2S114BB-14100 2S1148B-13400
ADEN JEFFREY L AND LEISA M CARN BRETT W AND GINA L
10420 SW KENT ST 16735 NW ARGYLE WAY
TIGARD,OR 97224 PORTLAND,OR 97229
2S115AD-06801 2S115AA-02300
ALDER JON P 8 JUIE M CARTER SHARON L
10647 SW RIVER DR 10560 SW KENT ST
TIGARD,OR 97224 TIGARD,OR 97224
2S 1148C-04000 2S 115AA-04000
ALSHAIE SULTAN CEDERBERG MARK A&CINDY K
10414 SW BONANZA WAY 10567 5W KENT
TIGARD,OR 97224 TIGARD,OR 97223
251148B-14900 2S115AA-07800
ARRIGONI CYNTHIA L&JAMES M CHRISTENSEN DORIS L DECLARATION
10433 SW RIVERWOOD LN OF TRUST
TIGARD,OR 97223 10544 SW TITAN LN
TIGARD,OR 97224
2S 115AD-05800 2S 115AA-08100
BARBER-BAUMANN PAMELA L CIULA KEVIN 8
10734 SW RIVER DR ARICK KRISTIN S
TIGARD,OR 97224 10533 SW TITAN LN
TIGARD,OR 97224
2S 115AD-05100 2S 115AD-02300
BLACKBURN JEAN A CLINTON JOHN W&JENELLE G
10763 SW RIVER RD 10534 SW TUALATIN DR
TIGARD,OR 97223 TIGARD,OR 97224
25114BB-13200 2S114BC-04800
BOTTENBERG PATRICIA D COLEMAN RALPH D&
16429 SW 104TH HAYMOND MARILYN A
TIGARD,OR 97223 10417 SW BONANZA WAY
TIGARD,OR 97224
2S 715AD-06200 2S 1146B-13900
BOUSKA ALBERT UKATHRYN COLLINS KEVIN A
10545 SW TUALATIN DRIVE 10396 SW KENT ST
TIGARD,OR 97224 TIGARD,OR 97224
2S 114E3B-15400 2S1�5A�-05600
BROWN GREGORY A&CONNIE M CONKLIN RICHARD P&JANICE C
10353 SW RIVERWO00 LN 3145 SW 100TH AVE
TIGARD,OR 97223 PORTLAND,OR 97225
2S 114BB-07600 2S 115AA-04300
CONROY BRIAN J&CINDY K DAY STEPHEN A AND LINDA C
16267 SW 104TH AVE 10519 SW KENT ST
TIGARD,OR 97224 TIGARD,OR 97223
2S 715AA-02400 2S 115AD-07400
COOK GARY R/SUSAN E DICKSON DONALD K&CAROL A
10582 SW KENT ST 10543 SW RIVER DR
TIGARD,OR 97224 TIGARD,OR 97224
2S 115AD-06700 2S 115AA-07400
COXE GLENN KEELER TR DIERDORFF MATTHEW J
5596 BLANK RD 10634 SW TETON AVE
SEBASTOPOL,CA 95472 TIGARD,OR 9722�
2S 115AA-03500 2S 1146C-04500
CREWS WILLIAM O JR& DIXON KENNETH L&KIMBERLEE A
JO ANN TRUSTEES 10496 5W BONANZA WAY
157 CHAPEL DR TIGARD,OR 97224
MILL VALLEY,CA 94941
2S 115AD-06500 2S 115AA-03200
CROSSWHITE DAVID E/JANICE A ERICKSON KAARE O&
10570 SW RIVER DR STALLMAN SHARON D
TIGARD,OR 97224 16450 SW 108TH AVE
TIGARD,OR 97224
2S 115AD-05700 2S 115AA-02600
CROWDER FRED R&BARBARA J ETHEL-KING PATRICK&MELODIE
10710 SW RIVER DR 10624 SW KENT ST
TIGARD,OR 97224 TIGARD,OR 97224
2S114BB-11900 2S11488-15000
DAILEY RICHARD A&KEIKO N EVANS MICHAEL J AND LAURIE R
10441 SW TITAN LN 10411 SW RIVERWOOD LANE
TIGARD,OR 97224 TIGARD,OR 97224
2S115AA-04100 2S115AA-08200
DANNOURA MUNENOBU 8 KYOKO FELDCHER GRANT E&KATHI L
10553 SW KENT ST 10559 SW TITAN LN
TIGARD,OR 97224 TIGARD,OR 97224
2S11486-12100 2S114BB-14300
DAVIS DARRELL&REBECCA M FIDOES RUSSELL GORDON AND
10485 SW TITAN LANE DEBRAH SUE
TIGARD,OR 97224 10454 SW KENT CT
TIGARD,OR 97224
2S 115AA-03800 2S 115AA-07700
DAVIS JOE E AND KATHRYN E FISHER MARK A AND LAURIE H
10591 SW KENT ST 10568 SW TITAN LN
TIGARD,OR 97224 TIGARD,OR 97224
25114B8-74200 2S115AD-06900
FISHER PAULA K HASSELL THOMAS LEE AND
10432 SW KENT ST LEE JUNG HWA
TIGARD,OR 97224 10625 SW RIVER DR
TIGARD,OR 97224
2S 115AD-04400 2S 115AA-03000
FORD WILLIAM B&NANNETTE M HASSMANN RICHARD T&MAF2ILYN L
16630 SW 108TH AVE 10728 SW KENT ST
TIGARD,OR 97224 TIGARD,OR 97224
2S1146B-13800 2S115AD-00100
FORDE JOANNA KIM& HATTON FLOYD W 8 BARBARA W
FAUCHER GREG A 10512 SW TUALATIN DR
10374 SW KENT ST TIGARD,OR 97224
TIGARD,OR 97224
2S11468-12300 2S115AD-02G00
GERTH JOSHUA M&KATHY C KHONG HERSCOVITZ JEFFREY S AND
10436 SW TITAN LN CAROL A WEST HERSCOVITZ
TIGARD,OR 97224 10610 SW TUALATIN DR
TIGARD,OR 97223
2S 115AD-07000 2S 1146 B-13100
GORLINSKY RAELENE K HICKAM TODD J
10603 SW RIVER DR 16465 SW 104TH AVE
TIGARD,OR 97224 TIGARD,OR 97223
2S114BB-08100 2S115AA-07900
GOVERNALE JOHN P&DIANA HIEB ALVIN A
10405 SW TITAN LN 10530 SW TITAN LN
TIGARD,OR 97224 TIGARD,OR 97224
2S 115AD-05501 2S 115AD-05200
GRAY RICHARD A&MARJORIE E HILLER MARK J&SUZANNE L
10669 SW RIVER RD 10741 SW RIVER DR
TIGARD,OR 97224 TIGARD,OR 97224
2S 115AA-04200 2S 11486-13600
GULLHOLM BJORN&ELLEN M L HOLZKAMP WAYNE E
10531 SW KENT ST 16474 SW 104TH AVE
TIGARD,OR 97224 PORTLAND,OR 97224
251148B-128o0 2S114BB-1a60o
HANSEN JERALD W HOWLAND HAROLD M AND RUTH J
10465 SW KENT ST 13145 SW BENISH ST
TIGARD,OR 97224 TIGARD,OR 97223
2S 114B B-15300 2S 115AD-07500
HARTLEY PAMELA J HYDE HENRY P TRUSTEE
10375 SW RIVERWOOD LN 10521 SW RIVER DR
TIGARD,OR 97224 TIGARD,OR 97224
2S 1146 B-12600 2S 114BC-05000
ISAKSON MARK J& LASSETTER LARRY D&ELIZABETH H
RILEY-ISAK50N SUSAN D 10363 SW BONANZA WAY
10492 SW TITAN LN TIGARD,OR 97224
TIGARD,OR 97224
2S115AD-05500 2S115AD-02500
JAY MILLER BUILDER INC LEATHERMAN STEVEN�&
PO BOX 230459 REBECCA M
TIGARD,OR 97281 10578 SW TUALATIN DR
TIGARD,OR 97224
2S 115AA-08600 2S 11486-07800
KARTCHNER DON M/ELEANORE S& LEE ROBERT W AND
KARTCHNER DENNY B MCQUARY-LEE LAURIE
16352 SW 107TH CT 16283 SW 104TH AVE
TIGARD,OR 97223 TIGARD,OR 97224
zs��asa-i 2aoo 2S115AD-07100
KARUNAKARAN PRADEEP K&GEETA S LEHEW MICHAEL W/DONNA M
10458 SW TITAN LN 10599 SW RIVER DR
TIGARD,OR 97224 TIGARD,OR 97223
2S 114BC-05100 2S 11488-11700
KAY MICHAEL D&PAMELA K LEHR CANDACE E
10321 SW BONANZA WAY 10417 SW TITAN LN
TIGARD,OR 97224 TIGARD,OR 97224
2S 115AD-02100 2S 114BC-04400
KELLY DAMIAN J AND LINDER GERALD P&KAREN M
RUSH JUDY L 10484 SW BONANZA WAY
10452 SW TUALATIN OR TIGARD,OR 97224
TIGARD,OR 97224
2S 115AA-03100 2S 115AD-06100
KENNEDY RICHARD P&EVELYN R LONERGAN MARY D AND
10740 SW KENT ST RICHARD L
TIGARD,OR 97224 10576 SW TUALATIN DRIVE
TIGARD,OR 97224
2S 1146C-04600 2S 114BB-12700
KNECHT ANNA M LONG LARRY L AND PAMELA A
10483 SW BONANZA WAY 10487 SW KENT ST
TIGARD,OR 97224 TIGARD,OR 97224
2S 115AA-07600 2S 115AD-02200
KRUEGER ARTHUR L&CAROLYN A LUSK�ENNIS L
10582 SW TITAN LN 10494 SW TUALATIN DR
TIGARD,OR 97224 TIGARD,OR 97224
2S 115AD-06400 2S 115AD-02000
KUMM BRETT L& LUTGE MICHAEL
STINSON JENNIFER 10400 TUALATIN DR
10558 SW RIVER DR TIGARD,OR 97224
TIGARD,OR 97224
2S 11488-07900 2S 115AA-03700
LYDON KEVIN B MURALT RICHARD VICTOR/DORIS S T
16295 SW 104TH AVE 10613 SW KENT ST
TIGARD,OR 97224 TIGARD,OR 97224
2S 715AD-05400 2S 115AA-08400
LYNCH STEPHEN R& MURPHY STACY L&MARK D
LYNCH MONIQUEA D 16408 SW 107TH CT
10683 SW RIVER DR TIGARD,OR 97224
TIGARD,OR 97224
2S 115AD-04600 2S 115AA-02900
MACOONALD MARK&PAMELA K NELSON KIRK DUANE
16674 SW 108TH AVE 10680 SW KENT ST
TIGARD,OR 97224 TIGARD,OR 97224
2S 115AA-07000 2S 1148B-14000
MALDONADO LAWRENCE&TANYA OLAR GRIGORIY&NATALYA
16440 SW 108TH AVE 10408 SW KENT ST
TIGARD,OR 97224 TIGARD,OR 97224
2S 115AD-05300 2S 1146B-12900
MARKS JENNIFER&DARRIN OLSON STEVEN D&ELLEN M
10729 SW RIVER DR 10443 SW KENT ST
TIGARD,OR 97224 TIGARD,OR 97224
2S 115AA-02000 2S 115AA-0720a
MAY JOHN DAVID&JACQUELYN E PERRY RICHARD J&LISA M
10504 SW KENT DR 10688 SW TITAN LN
TIGARD,OR 97224 TIGARD,OR 97224
2S 114B B-14700 2S 115AD-02400
MCCARGAR MARY PRESCOTT SCOTT E&KAREN A
10477 SW RIVERWOOD LN 10556 SW TUALATIN DR
TIGARD,OR 97224 TIGARD,OR 97224
2S 7146C-0490a 2S 1146 B-13700
MELVIN MARY ANN&ROBERT S TRS PRITCHETT WINNIE W S
10395 SW BONANZA WAY 10352 SW KENT ST
TIGARD,OR 97224 TIGARO,OR 97223
2S 115AA-08000 2S 115AD-04500
MILLER DONALD A& REICHERT CAROL J
DIANA I 16652 SW 108TH AVE
10516 SW TITAN LANE TIGARD,OR 97224
TIGARD,OR 97224
2S 115AA-02100 2S 115AA-02800
MILLS MANNINGTON L&LYDIA M ROBERSON JED D/PATRICIA E
10526 SW KENT ST 10668 SW KENT
TIGARD,OR 97224 TIGARD,OR 97223
2S17488-15200 2St15AA-08500
RODGE LIVING TRUST SCHAURES MARK T&
BY RODGE LOUIS L WENDY UMEKO FUJIOKA
10397 SW RIVERWOOD LN 16384 SW 107TH CT
TIGARD,OR 97224 TIGARD,OR 97224
2S115AD-07200 2S115AA-03900
ROGERS JOSEPH J 8 JENNIFER M SCHMIDT G PETER&ELAINE
10587 SW RIVER DR 10579 SW KENT ST
TIGARD,OR 97224 TIGARD,OR 97224
2S 115AD-01900 2S 114BB-12500
ROSETTA THOMAS N&ROBIN L SCHULZ ERIC M&MELISSIA R
16560 5W 108TH AVE 10470 SW TITAN LN
TIGARD,OR 97224 TIGARD,OR 97224
2S 7 7 SAA-02200 2S 115AA-03600
ROSS JEFFREY A&GAYLA SEGUI ROBET S AND MER�DEE A
14100 SW 97TH AVE 10637 SW KENT STREET
TIGARD,OR 97224 TIGARD,OR 97223
25114 BC-04300 2S 114B B-13000
RUSSELL PETER A&ERIN M SELLERS ROBERT E AND REBECCA S
10468 SW BONANZA WAY 10421 SW KENT LANE
TIGARD,OR 97224 TIGARD,OR 97224
2S 115AA-02500 2S 115AA-07500
RUTHERFORD ROBERT D& SHIVELY WILLARD L JR&
NANCY M TRUSTEES SHIVELY LAURNA WITHYCOMBE
10602 SW KENT 10606 SW TITAN LN
TIGARD,OR 97224 TIGARD,OR 97224
2S 1148C-04200 2S 115AD-07300
RUTTEN PAUL H&WILHELMINA J SKURDAHL BRUCE A&DAWN I
10452 SW BONANZA WAY 10565 SW RIVER DR
TIGARD,OR 97224 TIGARD,OR 97224
25 t�sa,a,-0ssoo 2s i i aeC-0a�oo
SANDS SHAWN T& SMITH EVAN T&LORI J
LYONS TERA L 10459 SW BONANZA WAY
10756 SW TITAN LN TIGARD,OR 97224
TIGARD,OR 97223
2S 11488-12200 2S 115AA-02700
SAVOLA KRISTINE M SMITH RICHARD
16387 SW 104TH AVE 10646 SW KENT
TIGARD,OR 97224 TIGARD,OR 97224
2S 1146 B-07700 2S 115AA-08900
SCHARN JEFFERY P 8 TRACY A SPRINGER JONATHAN&AUDREY
16279 SW 104TH AVE 10685 SW TITAN LN
TIGARD,OR 97224 TIGARD,OR 97224
2S114B6-13500 2S11468-11800
ST DENIS CURT A& TIERNEY LANNIE J
NORDBERG MARY BELLE 10429 5W TITAN LANE
16448 SW 104TH AVE TIGARD,OR 97224
TIGARD,OR 97224
2S 115AA-07300 2S 1148C-05200/
STOLLBERG JOEL HERMAN& TIGARQCJYY OF
STOLLBERG LAURI SUE JOHNSON 13125��HALL
10660 SW TITAN LN TIG�2D,OR 97223
TIGARD,OR 97224
2S 115AA-08800 2S 115AA-09300
STONE MICHAEL A&CARMA J TIGA CI OF
16349 SW 107TH CT 13125 HALL
TIGARD,OR 97224 TIG D, 97223
2S 1148C-04100 2S 11488-14800
STOTLER THOMAS W&BETTY A VELASQUEZ DANIEL E&LYNETTE S
10436 SW BONANZA WAY 10455 SW RIVERWOOD LN
TIGARD,OR 97224 TIGARD,OR 97224
2S114BB-13300 2S115A�-04701
SUNDBERG SHARA L POSNER& WANG JIAN&
ROSS F QIN NAN PING
16382 SW 104TH AVE 16696 SW 108TH AVE
TIGARD,OR 97224 TIGARD,OR 97224
2S 115AD-05900 2S 115AA-08700
TEHAN JOSEPH MNVENDY F WATTS KENNETH G&DEBRA L
10627 SW TUALATIN DR 16326 SW 107TH CT
TIGARD,OR 97224 TIGARD,OR 97223
2S 115AD-06300 2S 115AA-03400
TENNESON MARY LEE WELCH LARRY C&IRIS
10523 SW TUALATIN DR 10671 SW KENT ST
TIGARD,OR 97223 TIGARD,OR 97224
2S 115AD-06000 2S 115AA-03300
THOMPSON DENICE P WILLETT RONALD ALLEN&SYDNEY H
10605 SW TUALATIN DR PO BOX 66-27
TIGARD,OR 97224 TAI CHUNG,TA 40610 ROC
2S 7148B-t 4400 2S t 148 8-12000
THORNBURG LINDA M&KEN WIL�IS GALEN E&SAUNDRA F
10476 SW KENT ST BY FIDELITY NATIONAL 1031 EXCHANGE
TIGARD,OR 97224 4255 SW FIR GROVE
WILSONVILLE,OR 97070
2S114B8-14500 2S115AA-08300
TIDD ANN L ZABACK ROBERT A&TONI
10498 SW KENT ST 10587 SW TITAN LN
TIGARD,OR 97224 TIGARD,OR 97224
Debra Seeman CITY OF TIGARD
13372 SW Clearview Way CENTRAL CIT SUBCOMMITTEE
Tigard, OR 97223
Mary Skelton
10355 SW Walnut Street i:\curpinlsetupllabelslClT Central.doc
UPDATED: 9-Jan-01
Tigard, OR 97223
Kathleen Anderson
12132 SW Lansdowne Lane
Tigard, OR 97223
Jack Biethan
11043 SW Summerfield Drive, Apt.#3
Tigard, OR 97224-3376
Don & Dorothy Erdt
13760 SW 121st Avenue
Tigard, OR 97223
Suzanne Riles
13215 SW Genesis Loop
Tigard, OR 97223
Ellen Beilstein
14630 SW 139�Avenue
Tigard, OR 97224
Marv Lindquist
11565 SW Walnut Street
Tigard, OR 97223
Christine Garsteck
11774 SW 125th Court
Tigard, OR 97223
. . , . a�`'
CITY 0 F TI GARD RECEIVEl7 ��,�
COMMUNITY DEYELOPMENT DEPARTMENT
PLANNING DIYISION FE� � 6 �OC�? C(TYOFTIGARD
Community�Develapment
I 3125 SW HALI BOULEYARD COMNH1q1iY DEVELOPMENl Shaping,a BetterCommunity
TIGARD, OREGON 97223
PHONE: 503-639-4171 FAX: 503-684-7291(Attn: Patty or Shiriey/Planning)
' I i I � i�l I � ; I�� g ' � A. ' � { °' I ' � � : ' ���
�
t =
Property owner information is valid for 3 months from the date of your request
INDICATE ALL PROJECT MAP & TAX LOT NUMBERS (i.e. IS134A6, Taz Lot 00100) OR THE ADDRESSES FOR ALL PROJECT
PARCELS BELOW and INCLUDE A MAP Of ALL LOTS FOR THE PROJECT (preferably assessor's tax map):
� 05�� � V� n�$� -- � � l ���f� - ����C�v
INDICATE WHETHER YOU ARE REQUESTING 2 OR�SETS Of LABELS:
(NOTE: A minimum of 2 seu af labels will be provided to place on your 2 sets of envelopes that applicants are required to submit at the time of application
submittal. I(a neighborhood meeting is required and you have not yet held that meeting, yau should request 3 sets)
/
NAME OF CONTACT PERSON: �e r � PHONE: �� �%3 � ���� � ��`���
�
This request may be mailed, faxed, or hand delivered to the City of Tigard. Please allow a 2-day minimum for
processing requests. Upan campletion of your request, the cantad persan will be called to pick up their request in
"Will Call" by their last name, at the Community Develapment Reception Desk.
The cast of processing your request must be paid at the time of pick up, as exact cast 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 Desaiption:
$I I to generate the mailing (ist, plus a� per sheet for printing the list onto labels (20 addresses per sheet).
Then, multiply the cost to print one set of labels by the number of sets requested.
*EXAMPLE* * * COST FOR THIS REQUEST * *
�sheets of labels x S2/sheet = �$44 x �sets = 516.00 � sheet(s) oi labels x S2/sheet = ��� x � seu = S`��"'
� sheets of labels z S2lsheet for CIT area x � sets = S 4.00 � sheet(s) of labels x SZ/sheet far GT area = ��x_ sets = �
GENERATE LIST = �11.4D GENERATE IIST = �11-9�
_ TOTAL = 531.00 TOTAL = s��
AFFIDAVIT 0 F MAlll N G CITY OF TIGARD
('on�n�unity Development
Sfiaping�BetterCommunity
s7A2�o�o�GoN )
County o�{`Wasksngton )ss.
City of�rigard )
I, �atricia G.Lunsford, being first duly sworn/affirm, on oath depose and say that I am an Administrative SpeciaCst II for the
Ciry of7'�ard, `Washin9ton County, Oregon and that I served the following:
{cr,�a�w+�e eoxc5�a��
� NOTICE OF PUBLIC HEARING FOR: �3 fUP2001-OOOOI/ROSS DAYCARE 6/l 8/2001
File NolName Reference) (Date of Public Heanng)
City of Tigard Planning Director
Tigard Hearings Officer
Tigard Planning Commission
Tigard City Council
A copy of the said notice being hereto attached, marked E]Ihlblt"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 Exhiblt"B",and by reference made a part
hereof, on May 25,2001,and deposited in the United States Mail on May 25,2001, postage prepaid.
� � D7
(Person that repared N 'ce
T�
Subscribed and sworn/affirmed before me on the �v day of , 2001.
OFFICtAL SEAL
,: ! OIANE M JELOERKS
�•'' NOTARY PUBLIGORECON
COMMISSION N0.326578 •
MY COMMISSION EXPIRES SEPT.07,2003
My Commission Ex re •
NOTICE TO MORTGAGEE, LIEN�. .JER,VENDOR OR SELLER: EXHI I3�T r'�
THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE,
IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER.
CITY OF TIGARD
Cornmunity�1�eveCopme�it
ShapingA BetterCommu�iity
CITY OF TIGARD
PUBLIC HEARIHG NOTICE
NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY,
JUNE 18. 2001 AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL
BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION:
FILE NO.: CONDITIONAL USE PERMIT (CUP) 2001-00001
FILE TITLE: ROSS DAYCARE
APPLICANT: Gayla Ross OWNERS: Jeffrey and Gayla Ross
9515 SW Elrose Street 10548 SW Kent Street
Tigard, OR 97224 Tigard, OR 97224
REQUEST: The applicant has requested Conditional Use approval to operate a group home
daycare for up to 12 children, from a single-family residence within a residential
zone.
LOCATION: 10548 SW Kent Street; WCTM 2S115AA, Tax Lot 02200.
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, 18.705, 18.725,
18.745, 18.765, 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 PLANNING COMMISSION AND/OR 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. 320 (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 PEr�SON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION L�SS 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 (25�) PER PAGE, OR THE CURRENT RATE
CHARGED FOR COPIES AT THE TIME OF THE REQUEST.
FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER MATHEW SCHEIDEGGER AT
(503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223.
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2S115AD-06600 2S114B8-15100
ADEN GERALD M 8 JANIS I TRS CALL STEPHEN J&BARBARA L ,
10616 SW RIVER DR 10409 SW RtVERWOODS LANE
TIGARD,OR 97224 TIGARD,OR 97224
2S114BB-14100 2511468-134D0
ADEN JEFFREY L AND LEISA M CARN BRETT W AND GINA L
10420 SW KENT ST 16735 NW ARGYLE WAY
TIGARD,OR 97224 PORTLAND,OR 97229
2S 715AD-06801 2S115AA-02300
ALDER JON P 8 JUIE M CARTER SHARON L
10647 SW RIVER DR 10560 SW KENT ST
TIGARD,OR 97224 TIGARD,OR 97224
2S 114BC-0a00o 2S 115AA-0400o
ALSHAIE SULTAN CEDERBERG MARK A 8 CINDY K
10414 SW BONANZA WAY 10567 SW KENT
TIGARD,OR 97224 TIGARD,OR 97223
2S 114B B-14900 2S 115AA-07800
ARRIGONI CYNTHIA L 8 JAMES M CHRISTENSEN DORIS L DECLARATION
10433 SW RIVERWOOD LN OF TRUST
TIGARD,OR 97223 10544 SW TITAN LN
TIGARD,OR 97224
2S 115AD-05800 1S 115AA-08100
BARBER-BAUMANN PAMELA L CIULA KEVIN 8
10734 SW RIVER DR ARICK KRISTIN S
TiGARD,OR 97224 10533 SW TITAN LN
TIGARD,OR 97224
2S 11 SAD-05100 2S 115AD-02300
BLACKBURN JEAN A CLINTON JOHN W&JENELLE G
1D763 SW RIVER RD 10534 SW TUALATIN DR
TIGARD,OR 97223 TIGARD,OR 97224
25114 B B-13200 2S 114BG-04800
BOTTENBERG PATRICIA D COLEMAN RALPH D&
16429 SW 104TH HAYMOND MARILYN A
TIGARD,OR 97223 10417 SW BONANZA WAY
TIGARD,OR 97224
2S 115AD-06200 2S 1148B-13900
BOUSKA ALBERT UKATHRYN COLLINS KEVIN A
10545 SW TUALATIN DRIVE 10396 SW KENT ST
TIGARD,OR 97224 TIGARD,OR 97224
2S114E3B-15400 2S�15AD-0560a
BROWN GREGORY A 8 CONNIE M CONKLIN RICHARD P&JANICE C
10353 SW RIVERWOOD LN 3145 SW 100TH AVE
TIGARD,OR 97223 PORTLAND,OR 97225
2S11486-07600 2S115AA-04300
CONROY BRIAN J&CINDY K DAY STEPHEN A AND LINDA C ,
16267 SW 104TH AVE 10519 SW KENT ST
TIGARD,OR 97224 TIGARD,OR 97223
2S 115AA-02400 2S 115AD-07400
COOK GARY R/SUSAN E DICKSON DONALD K&CAROL A
10582 SW KENT 5T 10543 SW RIVER DR
TIGARD,OR 97224 TIGARD,OR 97224
2S 115AD-06700 2S 115AA-07400
COXE GLENN KEELER TR DIERDORFF MATTHEW J
5596 BLANK RD 10634 SW TETON AVE
SEBASTOPOL,CA 95472 TIGARD,OR 9722d
2S 115AA-03500 2S 114BC-04500
CREWS WILLIAM O JR& DIXON KENNETH L 8 KIMBERIEE A
JO ANN TRUSTEES 10496 SW BONANZA WAY
157 CHAPEL DR TIGARD,OR 97224
MI�L VALLEY,CA 94941
2S 115AD-06500 2S 115AA-03200
CROSSWHITE DAVID E/JANICE A ERICKSON KAARE O&
10570 SW RIVER DR STALLMAN SHARON D
TIGARD,OR 97224 16450 SW 108TH AVE .
TIGARD,OR 97224
2S 715AD-05700 2S 115AA-0260D
CROWDER FRED R&BARBARA J ETHEL-KING PATRICK&MELODIE
10710 SW RIVER DR 10624 SW KENT ST
TIGARD,OR 97224 TIGARD,OR 97224
2S114B8-11900 2S114BB-15000
DAILEY RICHARD A&KEIKO N EVANS MICHAEL J AND LAURIE R
10441 SW TITAN LN 10411 SW RIVERWOOD LANE
TIGARD,OR 97224 TIGARD,OR 97224
2S 715AA-04100 2S 115AA-08200
DANNOURA MUNENOBU 8�KYOKO FELDCHER GRANT E&KATHI L
10553 SW KENT ST 10559 SW TITAN LN
TIGARD,OR 97224 TIGARD,OR 97224
2St�aBe-�2io0 2SiiaeB-lasoo
DAVIS DARRELL&REBECCA M FIDDES RUSSELL GOROON AND
10485 SW TITAN LANE DEF3FtAH SUE
TIGARD,OR 97224 1�454 SW KENT CT
TIGARD,OR 97224
2S715AA-03800 25115AA-07700
DAVIS JOE E AND KATHRYN E FISHER MARK A AND LAURIE H
10591 SW KENT ST 10568 SW TITAN LN
TIGARD,OR 97224 TIGARD,OR 97224
2S114B8-14200 2S115AD-06900
FISHER PAULA K HASSELL THOMAS LEE AND .
10432 SW KENT ST LEE JUNG HWA
TIGARD,OR 97224 10625 SW RIVER DR
TIGARD,OR 97224
2S 115AD-04400 2S 17 5AA-03000
FORD WILLIAM B&NANNETTE M HASSMANN RICHARD T&MARILYN L
16630 SW 108TH AVE 10728 SW KENT ST
TIGARD,OR 97224 TIGARD,OR 97224
2S 1146 B-13800 2S 115AD-00100
FORDE JOANNA KIM& HATTON FLOYD W&BARBARA W
FAUCHER GREG A 10512 5W TUALATIN DR
10374 SW KENT ST TIGARD,OR 97224
TIGARD,OR 97224
2S114BB-12300 2S115AD-02600
GERTH JOSHUA M 8 KATHY C KHONG HERSCOVITZ JEFFREY S AND
10436 SW TITAN LN CAROL A WEST HERSCOVITZ
TIGARD,OR 97224 10610 SW TUALATIN DR
TIGARD,OR 97223
2S 115AD-07000 2S 114B6-13100
GORLINSKY RAELENE K HICKAM TODD J
10603 SW RIVER DR 16465 SW 104TH AVE
TIGARD,OR 97224 TIGARD,OR 97223
2S i i aes-oa i o0 2S i i 5na,-07soo
GOVERNALE JOHN P&DIANA HIEB ALVIN A
10405 SW TITAN LN 10530 SW TITAN LN
TIGARD,OR 97224 TIGARD,OR 97224
2S 115AD-05501 2S 115AD-05200
GRAY RICHARD A&MARJORIE E HILLER MARK J&SUZANNE L
10669 SW RIVER RD 10741 SW RIVER DR
TIGARD,OR 97224 TIGARD,OR 97224
zS�t 5aa-oazoo 2S�i aBB-i ssoo
GULLHOLM BJORN 8�ELLEN M L HOLZKAMP WAYNE E
10531 SW KENT ST 16474 SW 104TH AVE
TIGARD,OR 97224 PORTLAND,OR 97224
2S114BB-12800 2S114B6-14600
HANSEN JERALD W HOWLAND HAROLD M AND RUTH J
10465 SW KENT ST 13145 SW BENISH ST
TIGARD,OR 97224 TIGARD,OR 97223
2S 114BF3-15300 2S 115AD-07500
HARTLEY PAMELA J HYDE HENRY P TRUSTEE
10375 SW RIVERWOOD LN 10521 SW RIVER DR
TIGARD,OR 97224 TIGARD,OR 97224
2S1148B-12600 2S114BC-05000
ISAKSON MARK J& LASSETTER LARRY D&ELIZABETH H .
RILEY-ISAKSON SUSAN D 10363 SW BONANZA WAY
10492 SW TITAN LN TIGARD,OR 97224
TIGARD,OR 97224
2S 115AD-05500 2S 115AD-02500
JAY MILLER BUILDER INC LEATHERMAN STEVEN L 8
PO BOX 230459 REBECCA M
TIGARD,OR 97281 10578 SW TUALATIN DR
TIGARD,OR 97224
2S 115AA-08600 251146B-07800
KARTCHNER DON M/ELEANORE S& LEE ROBERT W AND
KARTCHNER DENNY B MCQUARY-LEE LAURIE
16352 SW 107TH CT 16283 SW 104TH AVE
TIGARD,OR 97223 TIGARD,OR 97224
2S 114B8-12400 2S 115A�-07100
KARUNAKARAN PRADEEP K 8 GEETA S LEHEW MICHAEL W/DONNA M
10458 SW TITAN LN 10599 SW RIVER DR
TIGARD,OR 97224 TIGARD,OR 97223
2S t 1 aBC-05100 2S t 148 B-t 1700
KAY MICHAEL D&PAMELA K LEHR CANDACE E
10321 SW BONANZA WAY 10417 SW TITAN LN
TIGARD,OR 97224 TIGARD,OR 97224
2S 115AD-02100 2S 1148C-04400
KELLY DAMIAN J AND LINDER GERALD P&KAREN M
RUSH JUDY L 10484 SW BONANZA WAY
10452 SW TUALATIN DR TIGARD,OR 97224
TIGARD,OR 97224
2S 115AA-03100 2S 115AD-06100
KENNEDY RICHARD P 8 EVELYN R LONERGAN MARY D AND
10740 SW KENT ST RICHARD L
TIGARD,OR 97224 10576 SW TUALATIN DRIVE
TIGARD,OR 97224
2S 1146C-04600 2S 114BB-12700
KNECHT ANNA M LONG LARRY L AND PAMELA A
10483 SW BONANZA WAY 10487 SW KENT ST
TIGARD,OR 97224 TIGARD,OR 97224
2S 115AA-07600 2S 115AD-02200
KRUEGER ARTHUR L&CAROLYN A LUSK DENNIS L
10582 SW TITAN LN 10494 SW TUALATIN DR
TIGARD,OR 97224 TIGARD,OR 97224
2S 115AD-06400 2S 115AD-02000
KUMM BRETT L 8 LUTGE MICHAEL
STINSON JENNIFER 10400 TUALATIN DR
10558 SW RIVER DR TIGARD,OR 97224
TIGARD,OR 97224
2S1146B-07900 2S115AA-03700
LYDON KEVIN B MURALT RICHARD VICTOR/DORIS S T ,
16295 SW 104TH AVE 10613 SW KENT ST
TIGARD,OR 97224 TIGARD,OR 97224
2S 115AD-05400 2S 115AA-08400
LYNCH STEPHEN R& MURPHY STACY L&MARK D
LYNCH MONIQUEA D 16408 SW 107TH CT
10683 SW RIVER DR TIGARD,OR 97224
TIGARD,OR 97224
2S 115AD-04600 2S 115AA-02900
MACDONALD MARK&PAMELA K NELSON KIRK DUANE
16674 SW 108TH AVE 10680 SW KENT ST
TIGARD,OR 97224 TIGARD,OR 97224
2S 115AA-07000 2S 114BB-14000
MALDONADO LAWRENCE&TANYA OLAR GRIGORIY 8 NATALYA
16440 SW 108TH AVE 10408 SW KENT ST
TIGARD,OR 97224 TIGARD,OR 97224
2S 115AD-05300 2S 1146 B-12900
MARKS JENNIFER&DARRIN OLSON STEVEN D&ELLEN M
10729 SW RIVER DR 10443 SW KENT ST
TIGARD,OR 97224 TIGARD,OR 97224
2S175AA-02000 2S�15AA-07200
MAY JOHN DAVID&JACQUELYN E PERRY RICHARD J&LISA M
10504 SW KENT DR 10688 SW TITAN LN
TIGARD,OR 97224 TIGARD,OR 97224
2S11488-14700 2S175AD-02400
MCCARGAR MARY PRESCOTf SCOTT E&KAREN A
10477 SW RIVERWOOD LN 10556 SW TUALATIN DR
TIGARD,OR 97224 TIGARD,OR 97224
2S1148C-04900 2S1148B-13700
MELVIN MARY ANN 8 ROBERT S TRS PRITCHETT WINNIE W S
10395 SW BONANZA WAY 10352 SW KENT ST
TIGARD,OR 97224 TIGARD,OR 97223
2S 115AA-08000 2S 115AD-04500
MILLER DONALD A& REICHERT CAROL J
DIANA I 16652 5W 108TH AVE
10516 SW TITAN LANE TIGARD,OR 97224
TIGARD,OR 97224
2S 115AA-02100 2S 115AA-02800
MILLS MANNINGTON L&LYDIA M ROBERSON JED D/PATRICIA E
10526 SW KENT ST 10668 SW KENT
TIGARD.OR 97224 TIGARD,OR 97223
2S114B8-15200 2S115AA-08500
RODGE LIVING TRUST SCHAURES MARK T 8 ,
E3Y RODGE LOUIS L WENDY UMEKO FUJIOKA
10397 SW RIVERWOOD LN 16384 SW 107TH CT
TIGARD,OR 97224 TIGARD,OR 97224
25115AD-07200 2S115AA-03900
ROGERS JOSEPH J 8 JENNIFER M SCHMIDT G PETER 8 ELAINE
10587 SW RIVER DR 10579 SW KENT ST
TIGARD,OR 97224 TIGARD,OR 97224
2S 17 5AD-01900 2S 1148B-12500
ROSETTA THOMAS N&ROBIN L SCHULZ ERIC M&MELISSIA R
16560 SW 108TH AVE 10470 SW TITAN LN
TIGARD,OR 97224 TIGARD,OR 97224
2S 115AA-02200 2S 115AA-03600
ROSS JEFFREY A&GAYLA SEGUI ROBET S AND MER�DEE A
14100 5W 97TH AVE 10637 SW KENT STREET
TIGARD,OR 97224 TIGARD,OR 97223
2S 114 BC-04300 2S 11468-13000
RUSSELL PETER A&ERIN M SELLERS ROBERT E AND REBECCA S
10468 SW BONANZA WAY 10421 5W KENT LANE
TIGARD,OR 97224 TIGARD,OR 97224
2S 715AA-02500 2S 115AA-07500
RUTHERFORD ROBERT D& SHIVELY WILLARD L JR&
NANCY M TRUSTEES SNIVELY LAURNA WITHYCOMBE
10602 SW KENT 10606 SW TITAN LN
TIGARD,OR 97224 TIGARD,OR 97224
2S 1148C-04200 2S 115AD-07300
RUTTEN PAUL H&WILHELMINA J SKURDAHL BRUCE A&DAWN I
10452 SW BONANZA WAY 10565 SW RIVER DR �
TIGARD,OR 97224 TIGARD,OR 97224
2S 115AA-06900 2S 114 BC-04700
SANDS SHAWN T& SMITH EVAN T&LORI J
LYONS TERA L 10459 SW BONANZA WAY
10756 SW TITAN LN TIGARD,OR 97224
TIGARD,OR 97223
2S 7146 B-12200 2S 115AA-02700
SAVOLA KRIST�NE M SMITH RICHARD
16387 SW 104TH AVE 10646 SW KENT
TIGARD,OR 97224 TIGARD,OR 97224
2S 114B8-07700 2S 115AA-08900
SCHARN JEFFERY P&TRACY A SPRINGER JONATHAN 8 AUDREY
16279 SW 104TH AVE 10685 SW TITAN LN
TIGARD,OR 97224 TIGARD,OR 97224
251148B-13500 2S114B6-11800
ST DENIS CURT A 8 TIERNEY LANNIE J ,
NORDBERG MARY BELLE 10429 SW TITAN LANE
16448 SW 104TH AVE TIGARD,OR 97224
TIGARD,OR 97224
2S 115AA-07300 2S 1148 C-05200/
STOLLBERG JOEL HERMAN& TIGARqC1�S'OF
STOLLBERG LAURI SUE JOHNSON 131251S�HALL
10660 SW TITAN LN TIG�t�D,OR 97223
TIGARD,OR 97224
2S 115AA-08800 2S 115AA-09300
STONE MICHAEL A&CARMA J TIGA CI OF
16349 SW 107TH CT 13125 HALL
TIGARD,OR 97224 TIG D, 97223
25114BC-04100 2S114B8-14800
STOTLER THOMAS W 8 BETTY A VELASQUEZ DANIEL E&LYNETTE S
10436 SW BONANZA WAY 10455 SW RIVERWOOD LN
TIGARD,OR 97224 TIGARD,OR 97224
2S114B8-13300 2S115AD-04701
SUNDBERG SHARA L POSNER& WANG JIAN&
ROSS F QIN NAN PING -
16382 SW 104TH AVE 16696 SW 108TH AVE
TIGARD,OR 97224 TIGARD,OR 97224
2S 115AD-05900 2S 115AA-08700
TEHAN JOSEPH M/WENDY F WATTS KENNETH G&DEBRA L
10627 SW TUALATIN DR 16326 SW 107TH CT
TIGARD,OR 97224 TIGARD,OR 97223
2S 115AD-06300 2S 115AA-03400
TENNESON MARY LEE WELCH LARRY C 8 IRIS
10523 SW TUALAT�N DR 10671 SW KENT ST
TIGARD,OR 97223 TIGARD,OR 97224
2S 115AD-06000 2S 115AA-03300
THOMPSON DENICE P WILLETT RONALD ALLEN&SYDNEY H
10605 SW TUALATIN DR PO BOX 66-27
TIGARD,OR 97224 TAI CHUNG,TA 40610 ROC
2S114BB-14400 2511468-12000
THORNBURG LINDA M&KEN WILLIS GALEN E 8 SAUNDRA F
10476 SW KENT ST BY FIDELITY NATIONAL 1031 EXCHANGE
TIGARD,OR 97224 4255 SW FIR GROVE
WIL50NVILLE,OR 97070
2S114BB-14500 2S 115AA-08300
TIDD ANN L ZABACK ROBERT A 8 TONI
10498 SW KENT ST 10587 SW TITAN LN
TIGARD,OR 97224 TIGARD,OR 97224
Debra Seeman CITY OF TIGARD
13372 SW Clearview Way CENTRAL CIT SUBCOMMITTEE
Tigard, OR 97223
Mary Skelton
10355 SW Walnut Street i:lcurpinlsetupllabelslClT Central.doc
UPDATED: 9-Jan-01
Tigard, OR 97223
Kathleen Anderson
12132 SW Lansdowne Lane
Tigartl, OR 97223
Jack Biethan
11043 SW Summerfieltl Drive, Apt. #3
Tigard, OR 97224-3376
Don & Dorothy Erdt
13760 SW 121st Avenue
Tigard, OR 97223
Suzanne Riles
13215 SW Genesis Loop
Tigard, OR 97223
Ellen Beilstein
14630 SW 139�Avenue
Tigard, OR 97224
Marv Lindquist
11565 SW Walnut Street
Tigard, OR 97223
Christine Garsteck
11774 SW 125th Court
Tigard, OR 97223
Jeff& Gayla Ross CUP2001-00001
9515 SW Elrose Street ROSS DAY CARE
Tigard, OR 97224
D. Keith & Carol Dickson
10543 SW River Dr.
Tigard, OR 97224
John & Jackie May
10504 SW Kent Street
Tigard, OR 97224
Mannie & Lydia Mills
10526 SW Kent Street
Tigard, OR 97224
Henry & Lorraine Hyde
10521 SW River Dr.
Tigard, OR 97224
Alvin A. Hieb �
10530 SW Titan Ln.
Tigard, OR 97224-4320
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Tigard,OR 97223
(503)639-4171
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AFFIDAVIT OF MAILING CITYOFTIGARD
Community Development
Shaping A Better Community
STATE OF OREGON )
County of Washrngton ) ss.
City of Tigard )
I, Shirley L. Treaf, being first duly sworn/affirm, on oath depose and say that I am an Administrative Specialist !for
the City of Tigard, Washingfon County, Oregon and that I served the following:
{Check Appropnate Bor(s)Bebw7
❑ NOTICE 0�: PENDING APPLICATION FOR: �
❑ AMENDED NOTICE
(Type�l4nd of Notice) (File NoJName Reference) (ta-Day Comment Period)
❑ City of Tigard Planning Director
❑ NOTICE OF TYPE I DECISION FOR:�
� AMENDED NOTICE (File NoJName Reference)
❑ City of Tigard Planning Director
❑ NoncE oF PUBLIC HEARING FoR: �
� AMENDED NOTICE (File NoJName Reference) (oate of Puwic i+earing)
❑ City of Tigard Planning Director
❑ Tigard Hearings Officer
❑ Tigard Planning Commission
❑ Tigard Ciry Council
� NOTICE OF FINAL ORDER FOR: � ROSS OAYCARE/CUP2001-00001
� AMENDEDNOTICE (FileNolNameRe(erence) (DateofPUblictiearirg)
❑ City of Tigard Planning Director
� Tigard Hearings Officer
❑ Tigard Planning Commission
❑ Tigard City Council
A copy of the PUBLIC NEARIN6 NOTICE/NOTICE OF DECISION/NOTICE Of FlNAL ORDER/OTHER NOTICE[S] of which is attached,
marked Exhlblt "A", was mailed to each named person(s) at the address(s) shown on the attached list(s), marked
Elchlblt'B",on June 28. 2001, and deposited in the United States Mail on June 28, 2001, postage prepaid.
'� � � �� � � �
( rson that Prepared Notice)
Subscribed and sworn/affirmed before me on the �_ day of^�4 u c, r�s � , 20QL.
NOTARY PUBLIC OF ORE60N
�'� o�-,r.�s_.�.,. /3 ?.OV 3
-�C��':�: ����-�'� My Commission Expires:
1 COM IM S510N NO3 23409
MY COMMISSION D(PIRES MAY 13,2003
. . • � ExH 7
120 DAYS� SI�OI�OO� CITY OF TIGARD
Communify Development
Shaping A Better Community
CITY OF TIGARD
Washington County, Oregon
NOTICE OF FINAL ORDER BY TNE HEARINGS OFFICER
Case Number: CONDITIONAL USE PERMIT CUP 2001-00001
Case Name: ROSS DAYCARE
Name of Owner: Jeffrey and Gayla Ross
Name of Applicant: Ga la Ross
Address of Applicant: 9515 SW Elrose Street Ti ard, Ore on 97224
Address of Property: 10548 SW Kent Street
Tax Ma /Lot No.: Washin ton Count Tax Assessor's Ma 2S115AA, Tax Lot 2200.
A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS DENYING A REQUEST FOR
CONDITIONAL USE PERMIT APPROVAL. THE CITY OF TIGARD HEARINGS OFFICER HASI�E�fE�D THE APPLICANT'S
PLANS, NARRATIVE, MATERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISION'S STAFF REPORT
AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE
HEARINGS OFFICER HELD A PUBLIC HEARING ON JUNE 18 2001 TO RECEIVE TESTIMONY REGARDING THIS
APPLICATION. THIS DECISION HAS BEEN BASED ON T , INGS AND CONCLUSIONS CONTAINED WITHIN
THIS FINAL ORDER.
Request:-➢ The applicant has requested Conditional Use approval to operate a group home daycare for
up to 12 children, from a single-family residence within a residential zone.
Zone: R-4.5. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330,
18.390, 18.510, 18.705, 18.725, 18.745, 18.765, 18.795 and 18.810.
Action:-➢ ❑ Approval as Requested ❑ Approval with Conditions � Denial
Notice: Notice was published in the newspaper and mailed to:
� Owners of record within the required distance � Affected governmental a encies
� The affected Citizen Involvement Team Facilitator � The applicant and owner�s)
The ado pted findings of fact, decision and statement of conditions can be obtained from the City of
Tigard Planning Department, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223.
Final Decision:
THIS DECISI�N IS FINAL ON JUNE 28, 2001 AND BECOMES
EFFECTIVE ON JULY 14, 2001 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 JULY 13, 2001.
Questions: If you have any questions, please call the City of Tigard Planning Division at (503) 639-4171.
BEFORE THE LAIVD USE HEARINGS OFFICER
FOR THE CIT'Y OF TIGARD,OREGON
Rcgarding an application by Gayla Ross for a ) F I N A L O R D E R
conditional use permit for a "group home daycare" )
in lhc R-4.5 zone at 10548 SW Kent Street ) CUP 2001-(xxH)1
in the City of Tigard, Oregon ) (Ross Day Care)
A. SUMMARY
1. Gayla Ross, (the"applicant"), requests approval of a conditional use permit
("CUP") for a "group home daycare" in the R-4.5 zone at 10548 SW Kent Street; also
known as lax lot 02200, WCTM 2S 115AA (the"site"). The site is developed with a two-
story home with a double car garage and driveway. The applicant does not reside in the
home. A third party occupies the home and works in the daycare center. There is a roughly
6-foot high board-on-board fence around the side and rear yards of the home. The
applicant has operated a daycare center for 12 children on the site without a permit; this
application is made to obtain the permit required for the use. The applicant reduces traffic
impacts of the use by shuttling some children from her home at 9515 SW Elrose Street and
by having other children arrive by bus. The use operates 7:30 AM to 6 PM weekdays.
2. At the public hearing in this matter,City staff recommended conditional approval.
T'he applicant accepted the recommended conditions and responded to public testimony.
Twelve neighbors testified orally against the conditional use permi� Some of these and
other witnesses also testificd in writing. The hearings officer closed the record at the end of
the public hearing and took the matter under advisement. The principal disputed issues in
this case include the following:
a. Whethcr thc site is large enough to meet the needs of the use, to
accommodate the impacts of the use and to comply with site design review standards; and
b. Whether Kent Street is adequate to serve the proposed use.
3. The hearings officer concludes the applicant failed to sustain the burden of proof
that the CUP complies with Tigard Community Development Code ("CDC")
18.330.030.A(1), (2) and (6). Therefore the hearings officer denies the CUP, based on the
findings and conclusions included and incorporated herein.
B. BASIC FACTS
The hcarings officer incorporates by reference the findings about the site and
surroundings in the Staff Report dated June 8, 2001 (the Staff Report),except to the extent
inconsistent with this final order.
C. APPLICABLE APPROVAL STANDARDS
The applicable approval standards are listed on the face of the Staff Report and in
Section V ot the Staff Repoct The hearings officer finds those listed standards are the
conect standards for this application_ It was not alleged that other standards apply.
D. HEARING AND RECORD
1. Hearings Officer Larry Epstein(the "hearings officer") received testimony at the
public hearing about this application on June 18, 2001. All exhibits and records of
CUP 2001-00001 Nearings Officer Final Order
(Ross Day Carc) Pa�e 1
testimony are filed with the Tigard Department of Community Development Thc heaiings
officer made the statement required by ORS 197.763. The hearings officer disclaimed any
ex parte contacts, bia.s or conflicts of interest. The hearings officer disclosed that he visited
the site before the hearing, and invited witnesses to question him about his observations.
The following is a summary by the hearings officcr of thc testimony offercd at the public
hearing in this matter.
2. City planner Ma�t Scheidegger summarized the Staff Report and defined "group
home daycare". ��e noted the use is permitted outright if the operator of the daycare center
also occupies the home. A CUP is required where the operator does not reside in the home_
3. Gayla Ross tesdfied for the applicant. She explained the circumstances leading
to the application. She began operating the day care centcr in May, 2000. She was not
aware a CUP was required for it� She described her ongoing efforts to find a better site for
the day care center. She argued children at the day care center are from the area, and the
center provides a service to those children and their parents.
4. Twelve persons testified orally against the proposed use: Bob Sellers, Lorraine
Hyde,Carol and Keith Dickson, Ellen Olson, K.O. Erickson, Lydia and Mannie Mills,
Linda Day, Russell Gordon Fiddes,Gary Belair and Angie Shepard. Most of the wimesses
expressed similar concerns, including the following:
a. The proposed use is not or should not be permitted in a single family
residential zone, because it is commercial in nature.
b. The site is not suited for the proposed use, because it is too small to
accommodate the impacts of the use on the site, particularly noise and privacy impacts.
There also is not enough room on the site for vehicle maneuvering associated with the use_
c. Kent Street cannot serve the proposed use safely, because that street
already carries too much traffic_
E. DISCUSSION
1. Some neighbors argued the use should not be permitted,because it is a
commercial activity. Based on the CDC, the hearings officer disagrees. CDC
18.130.020.B(5)(b) defines the proposed use is a Day Care Group Home.t A day care
group home is permitted in the R4.5 zone(and in all residential zones) as a matter of law if
it complies with the applicable approval standards for such a use. See Table 18.510.1.
a. The hearings officer finds a day care center provides a service for the
children cared for and for their parents. But that is not relevant to the applicable approval
criteria. The use must comply with applicable standards to be approvetl. If the CUP is
denied, that servicc will not be available. Although unfortunate,it does not change the
standards or thc decision.
1 CDC 18.130.020 deCuies Day Care Group Home to mean the following:
Day cane facility in which care is provided in the home of the caregiver,with or without
compensation, for 7-12 children. It is subject to certificauon by the Children's Services Division.
CUP 2001-00001 Hearings Offcer Fina!Order
(Ross Day Carc) page 2
2. The approval criteria for a CUP are in CDC 18.330.030.A2 The hearings`
officer is persuaded by the findings in the Staff Repon that the application complies with
the standards in CDC 18.33Q.030.A(3)-(5), and the hearings officer adopts as his own the
findings regarding those subsections in the Staff Repon. In addition the hearings officer
adopts the following findings.
a. There is a dispuce about whether the CUP complies with CDC
18.330.030.A(3), becaase of the impac�of the CUP on Kent Street. The hearings officer
rnds that Ken� Street can accommodate the small incremenlal inerease in traffic as a result
of ihe proposed conditional use, provided it is operated as described by the applicant to
generate roughly eleven average daily trips on Kent Street(e.g., by relying on car pooling
and bus transport). The street is improved consistent with it�s classification.
b. The hearings officer is not persuaded that traffic associated with the use
will cause the volume of traffic on the street to exceed its capacity, based on its
classificaaon,or will cause affected intersections to operate at a substandard level of service,
or will cause other hazards. There is sufficient pariQng on-site to comply witli applicable
parking standards and to avoid excessive on-street parking, provided the garage is available
to store the vehicles of the residenl(s)of the home.
c. Testimony by lay people about their experiences and perceptions of
traffic and parking on the street is not substantial evidence that the road is congested or
unsafe. That does not mean the road is a playground; it is not. It is a public street It is
intended to carry traffic volume in excess of exisring volumes. Residents are unlikely to
perceive the impact of the CUP on the saeet given the low trip generation of the use.
However any increase in traffic marginally increases the potential for accidents, and
wairants greater attention by parents to instruct their children about safe behavior and to
monitor their behavior accordingly. That does not mean public facilities(i.e., Kent Street)
are not adequate to accommodate the use.
3. However the hearings officer is not persuaded that the applicant has sustained the
burden of proof that the application complies with CDC 18.330.030.A(1), (2)or(6).
a. The hearings officer finds the site is not large enough to meet the needs
of the use for mitigation of the impacts of outdoor activities, and the applicant failed to show
that the conditional use does or would comply with site design review standards.
2 CDC 18.330.030.A provides as follows:
The Hearings Officer shall approve,appmve with conditions,or deny an applicaaon for a
conditional use or to enlarge or alter a cor,ditional ase based on findings of fact with respect to each
of thc following criteria:
1. T'he site size and dimensions provide adequate area for the needs of the pmposed use;
2. The impacts of the proposed use of the site can be accommodated considering size,shape,
location,t�pogra�hy,and na�ural features;
3. All required public facilides have adequate capacity to serve the proposal;
4. The applicable requirements of the zoning disUict are met except as modified by this chapter;
5. The a}�plicabie requirements of 18.330.050;and
6. The supplementary rcquirements set forth in other chapters of this code including but not
lunite;d w Cha�ter 18.780, Signs,ai�d Chap�er 18360, Site Development Review, if
a�plicablc,are met.
CUP 2001-e0001 Hearings�cerFinalOrder
(Ross Day Care) Page 3
b. Two of the principal impacts of the proposed use are the loss of privacy
resulting from views between the site and adjoining properties and the noise of children
playing in the rear yard of the property. The rear yard is relatively small. The fence on
three sides of the rear yard (and connecting to the house on the fourth side) provides some
visual buffer, but, based on the hearings officer's inspeclion of lhe site and the photographs
inlroduced by neighbors, that fence does not obstruct views of surrounding yards_
Although some vegetation e�cists on the periphery of the yard, it is not sufficient to maintain
the privacy of surrounding homes. The vegetation and fence do not perceptibly reduce
noise levels. There is not enough room in the rear yard of the site to substantially increase
vegetation,even if that was proposed,which it is not. Therefore the applicant failed to show
she will buffer the outdoor play area from surrounding homes. The site is too small to
achieve this, and it is situated with respect to surrounding properties such that the absence of
more substantial fencing, vegetation or other features will result in significant unmitigated
privacy and noise impacts,due to the relatively large concentration on children at the CUP
site (compared to the typical family size in the city) and the small area of the yard.
c. The hearings officer finds that the applicarion is subject to the
Landscaping and Screening standards in CDC 18.745,3 because a CUP is development�4
Although the site will continue to be used for a residential purpose,and a buffer is not
required between single family homes;the site also will be used for a day care center.
Although minimum buffer requirements in Table 18.745.1 are ambiguous as they relate to
this application, the hearings officer is persuaded by the context of the table that a buffer is
required in this case.s The hearings officer construes the table in this case to require the
3 CDC 18.745.020 provides as follows:
The provisions of this chapter shall apply to all development including the construction of new
structures,remodeling of eacisting structures where the landscaping is nonconforming(Section
18.760.040C),and to a change of use which results in the need for increased on-site parking or
loading requirements or which changes the access requirements.
4 CDC 18.120.030.A(56)defines the term"development"to mean the following in relevant part"
[A]material change in the use or appearance of a structure or land...
5 For instance,CDC 18J45.OSO.A.1 provides in relevant part:
It is the intent that these requirements shall provide for privacy and protection and reduce or
eliminate the adverse unpacts of visual or noise pollution at a development site...
CDC 18.745.OSO.B.4 provides as follows in relevant part:
The minimum improvements within a buffer area shall consist of combinations for landscaping
and screening as spec�ed in Table 18.745.1. In addition, improvements shall meet the following
specifications:
a. At least one row of trees shall be planted. They shall have a minimum caliper of two inches
at four fcet in height above grade for deciduous uees and a minimum height of five feet high
for evergreen trees at the time of planting. Spacing for trees shall be as follows:
(1) Small or narrow-stature trees,under 25 feet tall or less than 16 feet wide at maturity shall
be spaced no furWer than 15 feet apart;
(2) Medium-sized trees between 25 feet to 40 feet tall and with 16 feet to 35 feet wide
branching at matunty shall be spaced no greacer than 30 feet apart;
CUP 2001-00001 Hearings Officer Final Order
(Ross Day Care) Page 4
buffer that is required when a neighborhood commercial use adjoins a single family use
(i.e.,a Type C buffer requiring 6 to 10 feet of buffer width depending on whether a hedge,
fence or fence is provided for screening), because the proposed use is first permitted
outright in a neighborhood commercial zone. That width is not proposed, nor is it
practicable here because of the small size of the yard. The applicant also does not propose
or provide living ground cover in the remainder of the buffer width, as required by code.
d. The hearings officer expressly rejects the findings in the Staff Report
that the fence and e�cisting vegekation on the periphery of the rear yard adequately buffer the
use of the back yard by up to twe(ve child�en in the day care�enter. The photographs in
the record clearly show the e�cisting vegetation around the rear yard of the site and on
adjoining properties generally is small andlor is scattered so that it does not even begin ta
create an opaque visual bamer around the rear yard.
4. The hearings officer appreciates that parents of the children cared for at the site
have come to rely on the day care center. They did not know and had no reason to inquire
whether the city issued a permit for the use. Like the neighbors,the children and their
parents have no responsibility for the existing situation. Although the use is illegal,the
hearings officer finds it does not pose an imminent threat to the public health and safety. It
is an inconvenience or a nuisance co neighbors abutting the rear yard,based pn the
foregoing findings. For what it is wo�th,the hearings officer encourages the city to
undertake enforcement of ttus decision with equal courtesy to the applicant, the day care
children and parents, and the neighbors,so the matter is resolved in a timely manner, but
without undue disruption. The applicant may want to consider oecupying the site as her
home until the day care center is relocated or taking other steps to remedy the violation
and/or to reduce the adverse impact of the use until it is relocated elsewhere.
F. CONGLUSIONS
Based on the findings and discussion provided or incorporated in this final order,
the hearings o�ficer concludes that th�propnsed cond�tional use permit d�s not and cannot '
comply with the applicable criteria and standards of the Community Development Code.
Therefore the hearings officer should deny the application.
G. DECISIOIV
In recognition of the findings and conclusions contained herein,and incorporating
the Staff Report and public testimony and exhibits received in this matter,the hearings
officer hereby denies CUP 2Q01-00�01 (Ross Day Care).
AT this 2�6t � f June, 20Q1.
Larry Ep ei , P
City of Tigard arin�s Of er
(3) Large trecs,over 40 fect tall and with more than 35 feet wide branching at maturity, shall
be spaoed no greater than 3�Ceet apart.
b. In addition, at least 10 five-gallon shrubs or 20 one-gallon shrubs shali be planted for each
1,000 square fect oC roquirod buffer ama;
c. The remaining area shall be planted in lawn or other living ground cover.
CUP 100!-00001 Hearings Q�cer Final Order
(Ross Day Care) Page 5
Agenda Item: 2.1
Hearin Date: 6.18.2001 Time: 7:00 PM
STAFF REPORT TO THE
HEARING'S OFFICER CIiYOFTIGARD
Community�Deve(apmerit
FOR THE CITY OF TIGARD, OREGON .S�aping�l�detterCammuitity
120 DAYS = 08/20/2001
SECTION I. APPLICATION SUMMARY
FILE NAME: ROSS DAYCARE FACILITY
CASE NOS: Conditional Use Permit (CUP) CUP2001-00001
APPLICANT: Gayla Ross OWNER: Jeffrey & Gayla Ross
9515 SW Elrose Street 10548 SW Kent Street
Tigard, OR 97224 Tigard, OR 97224
PROPOSAL: The applicant has requested Conditional Use approval to operate a
group home daycare for up to 12 children, from a single-family residence
within a residential zone. The applicant has one full time employee living
at the residence.
LOCATION: 10548 SW Kent Street; WCTM 2S115AA, Tax Lot 02200.
COMPREHENSIVE
PLAN AND
ZONING
DESIGNATION: 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,
18.705, 18.725, 18.745, 18.765, 18.795 and 18.810.
SECTION II. STAFF RECOMMENDATION
Staff recommends that the Hearings Officer find that the proposed Conditional Use Permit
will not adversely affect the health, safety and welfare of the City and meets the Approval
Standards for a Conditional Use. Therefore, Staff recommends APPROVAL, subject to the
followin recommended Conditions of A roval:
ROSS DAYCARE PAGE 1 OF 11
CUP2001-00001 6/18/2001 STAFF REPORT TO THE HEARINGS OFFICER
CONDITIDNS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
u mit to t e anning ivision at ew c ei egger, , ext. or review
and approval:
1. Provide evidence that the proposed use complies with the Uniform Building Code
Standards.
2. Someone must be living at the site at all times for it to qualify as a single-family
dwelling and group home daycare facility.
3. Provide a 2 stall bicycle parking structure that is not within parking aisles, landscaping
rir nar�oc4rion �e»�iC
.,� r.......,..,..... ...,.�.,.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM
THE EFFECTIVE DATE OF THE HEARINGS OFFICERS REPORT.
SECTION III. BACKGROUND INFORMATION
Site Historv:
Staff conducted a computer search for case history on the subject parcel and found no
previous land use cases for this prope�ty.
Vicinity Information: tn
The site is located on the south side of SW Kent Street and east of SW 108 Avenue. The
property is zoned R-4.5 and is completely surrounded by property zoned R-4.5.
Site Information and Pro osal Descri tion:
he applicant has requested Conditional Use approval to operate a group home daycare for
up to 12 children, from a single-family residence within a residential zone. No new
construction is imposed, and operation hours are limited from 7:30 AM to 6:00 PM. The
applicant has been running the proposed daycare out of the subject site for 9 months before
she was informed that she needed approval for the use.
Concerns Raised b Nei hbors:
Staff received 7 letters rom neighbors addressing the same issues; noise and increased
traffic.
Staff Response: The proposed use is for a daycare with 7-12 children. Operation hours
are from 7:30 AM to 6:00 PM According to the Tigard Municipal Code,
noise decibel levels can reach up to 50 Dba during the hours of 7:00 AM
to 10:00 PM The daycare closes at 6:00 PM allowing the decibel level to
be reduced long before the cut-off time of 10:00 PM Other noise
dampening features include the 6-foot-high wood fence that
encompasses the entire rear yard. The fence is lined with larg e
arborvitae on the east and west prope�ty lines and 3 mature trees at tfie
south end of the property.
Vehicle trips have increased with the openin , of the daycare. However, the daycare has
been operating for 9 months before the cond�ional use was applied for and the City did not
receive any complaints. According to the City's Engineering Department, the proposed use
will not create a significant impact on public facilities and traffic impact is minimal. Five (5)
cars drive into the neighborhood to drop children off before 3:00 P.M. not including the
school bus and six (6) cars drive into the neighborhood to pick-up children after 3:00 P.M.
ROSS DAYCARE PAGE 2 OF 11
CUP2001-00001 6/18/2001 STAFF REPORT TO THE HEARINGS OFFICER
SECTION IV. REPORT MAKING PROCEDURES, PERMITS AND USE
Use Classification: Section 18.130.020. Lists the Use Categories.
The applicant is proposing to use an existing single-family home as a commercial daycare.
This use is classified as Group Home Daycare, which is listed as a Conditional Use in the
R-4.5 zone.
Summary Land Use Permits and Report Making Procedures:
Chapters 18.310 and 18.390
The proposed use Group Home Daycare) requires a Conditional Use permit which is a Type
III-HO decision. ype f II-HO procedures apply to quasi-judicial permits and actions that
predominantly contain discretionary approval criteria. Type III-HO actions are decided by the
Hearings Officer with appeals to the City Counal.
SECTION V. SUMMARY OF APPLICABLE CRITERIA
A summary of the applicable criteria in this case in the Chapter order in which they are
addressed in this report are as follows:
A. S ecific Conditional Use Criteria
eneral Approval Criteria)
Additional Conditions of Approval)
B. licable Develo ment Code Standards
1 . 05 Access, Egress & Circulation)
18.745 Landscaping and Screening�
18.765 Off-Street Parkin and Loading Requirements)
18.795 Visual Clearance�
C. Street tilit and Im rovement Standards
D Impact Stu 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 cond�tions 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
requirements in Chapter 18.330.
General A roval Criteria for a Conditional Use: Section 18.330.030:
The site size and dimensions provide adequate area or the needs of the proposed
use;
The size of the site is 5,511 square feet and is consistent with the Planned Development
standards for the R-4.5 zoning district with a Planned Development overlay. The site is
developed with a single-family home. The applicanYs ,request is to run a group home
daycare from the single-family home with one employee living at the site. The site provides
adequate area for the proposed use.
The impacts of the proposed use of the site can be accommodated considering size,
shape, location, topography and natural features;
ROSS DAYCARE PAGE 3 OF 11
CUP2001-00001 6/18/2001 STAFF REPORT TO THE HEARINGS OFFICER
The site is developed with a 2,400 square foot single-family home with a 1,540 square foot
back yard. The rear yard is screened from adjoining properties with a 6-foot-high wooden
fence and arborvitae. Therefore, the site is suitable for the proposed daycare.
All required public facilities have adequate capacity to serve the proposal; and
All public facilities including streets, storm and sanitary sewers and water are pre-existing and
have adequate capacity to serve the site.
The applicable requirements of the zoning district are met except as modified by this
chapter.
The following table provides the dimensional standards in the R-4.5 zone, the additional
uin�er�5iuridi r�yu�iieillerlt5 aiiu a��iuvai �iaiic�arc�5 iui G�uuN riumc uayGaie QTC J�.1Cl.l ieu ir'i
the Conditional Use Standards Section 18.330.050.6.19.
TABLE 18.510.2 -(ConYd.)
DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES
STANDARD R-4.5 Conditional Existing
Use
Minimum Lot Size
-Detached unit 7,500 sq. ft. 5,000 sq. ft. 7,500 sq. ft.
- Duplexes 10,000 sq.ft.
-Attached unit 1
Average Minimum Lot Width
- Detached unit lots 50 ft. 50 ft. 55 ft.
- Duplex lots 90 ft. 90 ft.
-Attached unit lots
Maximum Lot Coverage
Minimum Setbacks
- Front yard 20 ft. 20 ft. 45 ft.
-Side facing street on corner&through lots 15 ft. 15 ft. -
-Side yard 5 ft. 5 ft. 5.4 ft.
- Rear yard 15 ft. 15 ft. 28 ft.
-Side or rear yard abutting more restrictive - - -
zoning district 20 ft. 20 ft. -
- Distance between property line and front of
ara e
Maximum Height 30 ft. 30 ft. 30 ft.
Minimum Landscape Requirement
[1]Single-family attached residential units permitted at one dwelling per lot with no more that five attached units in one grouping.
[2]Lot coverage inGudes all buildings and impervious surfaces.
' Multiple-family dwelling unit
" Single-family dwelling unit
The proposed use will occupy a pre-existing single-family home, which was constructed
under the Dover Landing No. 2 subdivision. All lots within the subdivision equal an average
lot size of 7,500 square feet and single-family homes were constructed according to standard
setbacks of the R-4.5 zoning district. Building permits for all homes in the zone were required
to meet height requirements.
The supplementary requirements set forth in other chapter of this Code including but
not limited to Chapter 18.780, Signs, and Chapter 18.360, Site Development Review, if
applicable, are met.
ROSS DAYCARE PAGE 4 OF 11
CUP2�01-00001 6/18/2001 STAFF REPORT TO THE HEARINGS OFFICER
The applicable review criteria in this case include the following chapters of the Community
Development Code: 18.330, Conditional Use; 18.390 Reporf Making Procedures;18.510,
Residential Zoning Districts, 18.705, Access, Egress and Circulation; 18.745, Landscaping
and Screening; 18.765, Off-Street Parking; 18.795, Visual Clearance Areas. The
development standards and requirements of these chapters are addressed below.
The proposal contains no elements related to the provisions of the followin� cha pters:
18.600, Community Plan Area Standards; 18.710, Accessory Residential Units; 18.715,
Density Computations; 18.720, Design Compatibility Standards; 18.725, Environmental
Performance Standards; 18.730, Exceptions to Development Standard; 18.740, Historic
Overlay; 18.742, Home Occupations; 18.750, Manufactured/Mobile Home Regulations;
18.760;, Nonconforming Situations; 18.780, Temporary Uses; 18.790, Tree Removal 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.
Section 18.330.030.B states that the Hearings Authority may impose conditions on the
approval of a conditional use, which are found necessary to ensure the use is
compatible with other uses in the vicinity, and that the impact of the proposed use on
the surrounding uses and public facilities is minimized. These conditions may
include, but are not limited to the following:
Limiting the hours, days, place and/or manner of operation;
The applicant has set hours of operation, which are 7:30 AM to 6:00 PM No additional
condition is needed.
Requiring design features which minimize environmental impacts such as noise,
vibration, air pollution, glare, odor and/or dust;
Based on the proposed use, noise could be a factor when children are present in the rear
yard. However, the rear yard to be used is screened with a 6-foot-high wooden fence and is
buffered with 5 arborvitae on the west side of the property and 4 arborvitae on the east side
of the property. Three (3) large trees exist at the rear of the property. Any noise violations
can be established througfi Tigard Municipal Code section 7.40.130.
Requiring additional setback areas, lot area, and/or lot depth or width;
The plans provided show a 9-foot side yard setback on the east property line and a 5.4-foot
setback on the west side of the site. The side yards are the crucial areas of the site where
children could potentially be bothersome to adjacent property owners due to noise. However,
as described above, the daycare will only operate within strict hours (7:30 AM to 6:00 PM)
and both side yards have been screened with a 6-foot-high wooden fence and landscaping.
Limiting the building height, size or lot coverage, andlor location on the site;
The site is developed with an existing single-family home. The applicant could not add on to
the structure without meeting setbacks associated with the base zone. Therefore, no
additional condition is needed.
ROSS DAYCARE PAGE 5 OF 11
CUP2001-00001 6/18/2001 STAFF REPORT TO THE HEARINGS OFFICER
Designating the size, number, location and/or design of vehicle access points;
The vehicle access point to the home is pre-existing in the form of a 25-foot driveway.
Requiring street right-of-way to be dedicated and street(s) to be improved;
Street and utilities are pre-existing and according to the Engineering Department, no
conditions are necessary.
Requiring landscaping, screening, drainage and/or surfacing of parking and loading
areas;
No additional landscapin(y� is required with this project. The applicant has adequate
�_ • _ _ � nT- - �-'-. - I-'- -- L_1 L.. • a
idr�uS�dNii iy, ii i�iu�lii-�y a c�-�uut-i iiyi i ici��c tu i iei�i uu�c� i iui5� iii �tie i eai jia�'�.
Limiting the number, size, location, height and/or lighting of signs;
Only one sign, approximately 1.5 square feet is allowed. No additional condition is needed.
Limiting or setting standards for the location and/or intensity of outdoor lighting;
The applicant has indicated that the group home daycare will operate no later than 6:00 P.M.
No outdoor lighting has been proposed with this proposal. Therefore, no additional condition
is needed.
Rec�uiring berms, screening or landscaping and the establishment of standards for
their installation and maintenance;
Buffering and screening is discussed further in this report. However, additional screening,
above and beyond whaf is already required, is not necessary.
Requiring and designating the size, height, location and/or materials for fences;
The plans submitted by the applicant show a 6-foot-high good neighbor fence. No additional
requirement is needed.
Requiring the protection and preservation of existing trees, soils, vegetation,
watercourses, habitat areas and/or drainage areas;
No landscaping will be removed as a result of this report. Therefore, no protection and/or
preservation are needed.
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
No 100-year floodplain is associated with this application. Therefore, no bicycle path can be
conditioned.
Requiring the construction of a pedestrian/bicycle pathway within the floodplain in
accordance with the adopted pedestrian/bicycle pathway plan.
No 100-year floodplain is associated with this application.
C. APPLICABLE DEVELOPMENT CODE STANDARDS
Access, Egress and Circulation Chapter 18.705:
Minimum Access Requirements for Commercial and Industrial Use:
Section 18.705.030.1 provides the minimum access requirements for commercial and
industrial uses: Table 18.705.3 indicates that the required access width for
developments with more than 0-99 parking spaces is a 30-foot-wide access points with
ROSS DAYCARE PAGE 6 OF 11
CUP2001-00001 6/18/2001 STAFF REPORT TO THE HEARINGS OFFICER
24 feet of pavement. Vehicular access shall be rovided to commercial or industrial
usesL and shall be located to within 50 feet of �he primary ground floor entrances;
additional requirements for truck traffic may be placed as conditions of site
development review.
The proposed use is considered a commercial use within a residential zone. However, one
of the owners employee's lives at the site. Therefore, the parcel can remain a single-family
home and meet the access standards for a single-family residence ((1) 15-foot access with
10 feet of paving.).
FINDING: Based on the analysis above, staff finds that the access and egress standards
are satisfied.
Landsca in and Screenin — Cha ter 18.745:
Street trees: Section 18.7 5.040 states that all development 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 s�ze classification of the tree at maturity (small,
medium or large).
Street trees are pre-existing as part of the Dover Landing Subdivision No. 2. Therefore, no
additional street frees will be required.
Buffering and Screening:.
Buffering and screening is required to reduce the impacts on adjacent uses which are
of a different type in accordance with the matrices in this chapter (Tables 18.745.1 and
18.745.2). The owner of each proposed development is responsible for the installation
and effective maintenance of buffering and screening. When different uses would be
abuttin� one another except for separation by a right-of-way, buffering, but not
screening, shall be required as specified in the matrix;
Because the site is occupied and maintained as a single-family dwelling, no buffering or
screening is required.
Screening - Special Provisions:
Section 18.745.050.E requires the screenin� of parking and loading areas.
Landscaped parking areas shall include s pecial design features which effectively
screen the parking lot areas from view. Planting materials to be installed should
achieve a relative balance between low lying and vertical shrubbery and trees. Trees
shall be planted in landscaped islands in all parking areas, and shall be equally
distributed on the basis of one (1) tree for each seven (7) parking spaces in order to
provide a canoQy effect. The minimum dimension on the landscape islands shall be
three (3) feet wide and the landscaping shall be protected from vehicular damage by
some form of wheel guard or curb.
The proposed daycare does not include a parking lot. The applicant will be using the existing
driveway for pick-up and drop-off of children, however, the site will be occupied and
maintained by an employee. Therefore, the proposed site will remain a single-family
residence and no parking lot will be required.
FINDING: Based on the analysis above, staff finds that the access and egress standards
are satisfied.
Off-Street Parkinq and Loading (18.7651:
Disabled-Accessi le Parking:
All parking areas shall be provided with the required number of parking spaces for
disabled persons as specified by the State of Oregon Uniform Building Code and
federal standards. Such parking spaces shall be sized, signed and marked as required
by these regulations.
ROSS DAYCARE PAGE 7 OF 11
CUP2001-00001 6/18/2001 STAFF REPORT TO THE HEARINGS OFFICER
The proposed daycare will operate within a single-family home. Therefore, no parking areas
will be required. The existing driveway will be used for picking-up and dropping off children.
The driveway is 25 feet in width, which exceeds standard ADA stall spacing. However, the
applicant will be required to provide evidence that the proposed use complies with the
Uniform Building Code Standards.
Access Drives:
With regard to access to public streets from off-street parking: access drives from the
street to off-street parking or loading areas shall be designed and constructed to
facilitate the flow of traffic and provide maximum safety for pedestrian and vehicular
traffic on the site; the number and size of access drives shall be in accordance with
the requirements of Chapter, 18.705, Access, Egress and Circulation; access drives
shall be clearl�r and permanently marked and defined through use of rails, fences,
waii� ui utiie� uarriers �r iiiaiK�iS o�i iiuiitay� iiui u��uj�i�u �iy �eivi`e uiive5; a��e55
drives shall have a minimum vision clearance in accordance with Chapter 18.795,
Visual Clearance; access drives shall be improved with an asphalt or concrete surface;
and excluding single-family and duplex residences, except as provided by Subsection
18.810.030.P, groups of two or more parking spaces shall be served by a service drive
so that no backing movements or other maneuvering within a street or other public
right-of-way will be required.
The proposed use will not change the site from a single-famil residence based on the fact
that an employee will be living in the home. Therefore, the si�e is excluded from the above
standard.
Parking Lot Striping:
Except for single-family and duplex residences, any area intended to be used to meet
the off-street parking requirements as contained in this Chapter shall have all parking
spaces clearl�r marked; and all interior drives and access aisles shall be clearly
marked and signed to show direction of flow and maintain vehicular and pedestrian
safety.
The proposed site plan is considered exempt from parking lot striping because the structure
being used for the proposed use is occupied by one of the employees. Therefore, the site is
considered a single-family dwelling.
Wheel Stops:
Parking spaces alon� the boundaries of a parking lot or adjacent to interior
landscaped areas or sidewalks shall be provided with a wheel stop at least four inches
high located three feet back from the front of the parking stall. The front three feet of
the parking stall may be concrete, asphalt or low lying landscape material that does
not exceed the height of the wheel stop. This area cannot be calculated to meet
landscaping or sidewalk requirements.
No walkways or interior landscaping is associated with this application. Wheel stops would
only hinder the owner from using the garage as additional parking. Therefore, this standard
does not apply.
Space and Aisle Dimensions:
Section 18.765.040.N states that: "except as modified for angled parking in Figures
18.765.1 and 18.765.2 the minimum dimensions for parking spaces are: 8.5 feet x 18.5
feet for a standard space and 7.5 feet x 16.5 feet for a compact space; aisles
accommodating two direction traffic, or allowing access from both ends, shall be 24
feetin width.
The proposed site is considered a single-family home. According to this chapter, single-
family homes are exempt from parking lot stnping. Therefore, this standard does not apply.
ROSS DAYCARE PAGE 8 OF 11
CUP2001-00001 6/18/2001 STAFF REPORT TO THE HEARINGS OFFICER
Bicycle Parkin Location and Access:
Section 18.76�050 states bicycle parking areas shall be provided at locations within
50 feet of primary entrances to structures; bicycle parking areas shall not be located
within parking a�sles, landscape areas or pedestrian ways; outdoor bicycle parking
shall be visible from on-site buildings and/or the street. When the bicycle parking area
is not visible from the street, directional signs shall be used to located the parking
area; and bicycle parking may be located inside a building on a floor which has an
outdoor entrance open for use and floor location which does not require the bicyclist
to use stairs to gain access to the space. Exceptions may be made to the latter
requirement for parking on upper stories within a multi-story residential building.
Parking for the proposed use has been based on a 1 classroom setting. Therefore, the
applicant will be required to provide, a 2 stall bicycle parking structure that is not within
parking aisles, landscaping or pedestrian ways.
Bicycle Parkin Design Requirements:
Section 18.76�050.C. The followin design.requirements apply to the installation of
bic�cle racks: The racks required�or required bicycle parking spaces shall ensure
tha bicycles may be securely locked to them without undue inconvenience. Provision
of bicycle lockers for long-term (employee parking is encouraged but not required;
bicycle racks must be securely anchore to the g,round, wafl or other structure;
bicycle parking spaces shall be at least 2'/z feet by six feet long, and, when covered
with a vertical clearance of seven feet. An access aisle of at least five feet wide shal�
be provided and maintained beside or between each row of bicycle parkin ,, each
required bicycle parking space must be accessible without moving another�icy�le•
required bicycle parking spaces may not be rented or leased except where requ�rec�
motor vehicfe parking is rented or leased. At-cost or deposit fees for bicycle parki�g
are exempt from this reguirement; and areas set aside for required bicycle parking
must be clearly reserved for bicycle parking only. Outdoor bicycle parking facilities
shall be surfaced with a hard surfaced material, i.e., pavers asphalt, concrete or
similar material. This surface must be designed to remain well c�rained.
The applicant has not provided detail of the required bicycle parking rack, therefore, Staff can
not determine if this standard has been met. If the applicant submits a detail of the bicycle
rack, Staff will be able to review it to insure that the design complies with the standards of the
Code.
Minimum Bicycle Parking Requirements:
The total number of required bicycle parking spaces for each use is s Pecified in Table
18.768.2 in Section 18.765.070.H. In no case shall there be less than two bicycle
parking spaces.
The applicant has been conditioned earlier in this report to provide a 2 stall bicycle parking
structure. -
Minimum Off-Street Parking:
Section 18.765.070.H states that the minimum and maximum parking shall be as
required in Table 18.765.2.
Table 18.765.2 states that the minimum off-street parkin� for a day care facility is 2.0 spaces
per classroom. However, the proposed site is to remain a single-family dwelling based on
one employee living at the site full time. Therefore, in order for the proposed use to remain in
compliance with the off-street parking standards, the applicant will be conditioned to have
someone living in the home at all times.
FINDING: Based on the analysis above, the off-street parking and loading standards have
not been met. If the applicant complies with the conditions listed below, the
standards will be fully met.
ROSS DAYCARE PAGE 9 OF 11
CUP2001-�0001 6/18/2001 STAFF REPORT TO THE HEARINGS OFFICER
CONDITIONS:
. Provide evidence that the proposed use complies with the Uniform
Building Code Standards.
. Someone must be living in the home at all times for it to qualify as a
single-family dwelling and group home daycare facility.
. Provide a 2 stall bicycle parking structure that is not within parking aisles,
landscaping or pedestrian ways.
Visual Clearance Areas — Chapter 18.795:
Section 18.795.020.A. states that the provisions of this chapter shall apply to all
development including the construction ot new siruciures, the remoaeiing ot 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 all branches below eight
feet are removed.
There are no pro�osed structures inside of the vision clearance area. The site plan indicates
that there is a sfreet tree on both sides of the driveway within the 30-foot clearance area.
Based on a site visit conducted by staff the trees are trimmed in excess of 8 feet. Therefore,
this criterion has been met.
FINDING: Based on the analysis above, the standards of Chapter 18.795, Visual
Clearance Areas have been met.
C. Street And Utility Improvements Standards - Chapter 18.810:
Chapter 18.810 provides construction standards for the implementation of public and
private facilities and utilities such as streets, sewers, and drainage.
Engineering Staff has evaluated the proJ ect and determined the proposed use will not create
a significant impact on public facilities. Traffic impact is minimum and the house being used
is already se►ved with public utilities. Therefore, no street and/or utility conditions are
necessary.
D. Im act Stud : -
Section 18.390.04 .B.2.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.
ln situations where the Community Development Code requires the dedication of real
propertx interests, the applicant shall either s pecifically concur with a requirement for
public right-of-way dedication, or provide evidence that supports that the real property
dedication is not roughly proportional to the projected impacts of the development.
No street improvements or dedication of right-of-way are proposed or required with this
application. Public utilities are pre-existing and according to the narrative, there is a
maximum of 11 vehicle trips per day. Vehicfe trips are calculated as 5 vehicles dropping of
children before 3:00 P.M. and 6 vehicles picking up children after 3:00 P.M. The ma�onty of
the children are dropped off at the site by school bus and carpooling accounts for the low
number of vehicle trips generated by the daycare.
ROSS DAYCARE PAGE 10 OF 11
CUP2001-00001 6/18/2001 STAFF REPORT TO THE HEARINGS OFFICER
� .
SECTION VII. OTHER STAFF COMMENTS
The City of Tigard Engineering Department has reviewed the proposal and offered the
following comment:
♦ It does not appear that this use would create a significant impact on public facilities.
Traffic impact is minimal and the house is already served with public utilities.
The City of Tigard Long Range Planning Division has reviewed the proposal and has no
objections to it.
The City of Tigard Urban Forester/Operations Department has reviewed the proposal and
has no ob�ections to it.
The City of Tigard Building Division has reviewed the proposal and offered the following
comments
♦ Any building or portion thereof used for daycare purposes for more than six persons must
comply standards set forth in the Uniform Building Code.
The City of Tigard Operations Department has reviewed the proposal and has no
objections to it.
The City of Tigard Police Department has reviewed the proposal and has no objections to
it.
SECTION VIII. AGENCY COMMENTS
Unified Sewerage Agency has reviewed the proposal and has no objections.
NW Natural Gas Co. has reviewed the proposal and has no objections to it.
Tualatin Valle Fire and Rescue, Oregon Department of Environmental Quality, Oregon
Department o�Fish and Wildlife, US Army Corps of Engineers, PGE, NW Natural Gas,
TCI Cable, General Telephone, Tri-Met, and Quest were given the opportunity to review
this proposal and submitted no comments or objections.
``-�� June 8, 2001
� �`
P E AR BY�� egger DATE
Assistant Planner
/,
�
���� `' t June 8. 2001
APPROVED BY: Richard Bewersdorff DATE
Planning Manager
i:\curpin\mathew�cu p\CU P2001-00001.doc
ROSS DAYCARE PAGE 11 OF 11
CUP2001-00001 6/18/2001 STAFF REPORT TO THE HEARINGS OFFICER
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13125 SW Hall Blvd
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(507)639-a171
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Gayla Ross _ T7,
9515 SW Elrose Street ROSS DAY CARE EXHI: ��' �
Tigard, OR 97224
Jeffrey & Gayla Ross Russell Gordon Fiddes
10548 SW Kent Street 10454 SW Kent St.
Tigard, OR 97224 Tigard, OR 97224
Angie Shepard Greg Belair
1713 A NE 99th St. 10544 SW Titan Ln.
Vancouver, WA 98665 Tigard, OR 97224
Bob Sellers Steve Olson
10421 SW Kent 10443 SW Kent
Tigard, OR 97224 Tigard, OR 97224
Henry P. and E. Lorraine Hyde Mr. & Mrs. Richard Conklin
10521 SW River Dr. 3145 SW 100th Avenue
Tigard, OR 97224 Portland, OR 97225
Carol & Keith Dickson Paula Fisher
10543 SW River Dr. 10432 SW Kent St.
Tigard, OR 97224 Tigard, OR 97224
Ellen Olson Ellen Gullholm
10443 SW Kent 10531 SW Kent St.
Tigard, OR 97224 Tigard, OR 97224
Kaare Erickson and Sharon Stallman John & Jackie May
16450 SW 108`h 10504 SW Kent St.
Tigard, OR 97224 Tigard, OR 97224
Mannie and Lydia Mills Alvin A. Hieb
10526 SW Kent St. 10530 SW Titan Ln.
Tigard, OR 97224 Tigard, OR 97224-4320
Linda Day Doris Muralt
10519 SW Kent St. 10613 SW Kent St.
Tigard, OR 97224 Tigard, OR 97224
,
I
�"t �
CONDITIONAL USE
TYPE III APPLICATION
CITY OF TIGARD 13125 5W Ha1181vd., Tigard, OR 97223(503) 639-4971 FAX: (503) 684-7297
PRE-APP. HELD WITH: ����
GENERAL INFORMATION DATE OF PRE-APP.:
Property Address/Location(s): ��J 'C V �� `'" r�.4�� ��
� r� �(, �p�p� FOR STAFF USE ONLY
Tax Map&Tax Lot#(s): � � �5�� — �� �`�� - , ,�Y .
� � fi�!'� � —
Case No.(s): �� �'. �� J, ,t�� � �-'
�� Other Case No.(s)i��i � ,�i ..
�--�
Site Size: � , JLC� S�i• f� Receipt No.: � E;�J.. ' � '"
Property Owner/Deed Holder(s)":�e �' '� �- � �1h�- ('��`�� Application Accepted By: ���� �
Address: ����[�, ��� ��V ��hone:50�-�O�`� - k��� ; Date:R . , ;���'�
� �-I o�o� �1
City: ( j� p V Zip: 7 Date Determined Complete:
Applicant': �OcJ� Rev.7/�s/2000 i:\curpin�mastersUevised\cua.doc
Address: ��� � ��� Phone:5�" �8`�-�� 13
City: l � �-y�{C� Zip: �7 oZc3�
REQUIRED SUBMITTAL ELEMENTS
*When the owner and the applicant are different people, the applicant (Note: applications will n� be accepted
must be the purchaser of record or a lessee in possession with written without the required submittal elements)
authorization from the owner or an agent of the owner. The owner(s) '
must sign this application in the space provided on the back of this
form or submit a written authorization with this application. � Application Form
�,�c�. � Owner's Signature/Written Authorization
PROPOSAL SUMMARY ��� � ' �itle Transfer Instrument or Deed
�
� , Copy of Pre-Application Conf. Notes
The owners of record of the subject property request Conditional
� Site/Plot Plan
Use approval to allow (please be specific): �#ot copies based on pre-app cneck iist)
�Z
--� �L,�� ���(,�� �0.,1.�('(�.Y'� [] Site/Plot Plan (reduced 8'/:"X 11")
'�2' n d mG�� � r\�'` � o� l _�''L i��..�F�cl't- � �PP�icanYs Statement
> (#of copies based on pre-app check list)
� j,�� USA Sewer Use Information Card
(Distributed/completed at application submittal)
�
❑ U8A Service Provider Letter
[�} 2 Sets of Pre-Addressed/Pre-Stamped
#10 Envelopes & Copy of 500' Property
Owner List Generated by the City
0 Neighborhood Mtg. Affidavits & Notes �
� Filing Fee (City) $1,615.00
(Urban) $2,126.00
1
{"� ..
List any VARIANCE, SENSITIVE IANDS PERMIT, OR OTHER LAND USE ACTIONS to be considered as part of this
application:
APPLICANTS:
To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as
described on the front of this application in the"Required Submittal Elements"box.
(Detailed Submittal Requirement Information sheets can be obtained, upon request,for all rypes of Land Use Applications.) .
THE APPLICANT(S)SHALL CERTIFY THAT:
• The above request does not violate any deed restrictions that may be attached to or imposed upon the subiect
r e
• If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all
the conditions and limitations of the approval.
• All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true;
and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that
any such statements are false.
• The applicant has read the entire contents of the application, including the policies and criteria, and understands the
requirements for approving or denying the application.
SIGNATURES of each owner of the subject property.
DATED this day of . 19
�;'
� �
�' �o d3 �� a 1
Own 's Si ature Owner's Sign ture
Owner's Signature Owner's Signature
2
.
CITY OF TIGARD �
Community�DeveCopment
S�apiugtl BetterCo��unu�iity
LAND USE PROPOSAL DESCRIPTION
120 DAYS =8/20/2001
FILE NO.: CONDITIONAL USE PERMIT (CUP) 2001-00001
FILE TITLE: ROSS DAYCARE
APPLICANT: Gayla Ross OWNERS: Jeffrey and Gayla Ross
9515 SW Elrose Street 10548 SW Kent Street
Tigard, OR 97224 Tigard, OR 97224
PHONE NO. 503-684-8173
REQUEST: The applicant has requested Conditional Use approval to operate a group home
daycare for up to 12 children, from a single-family residence within a residential zone.
LOCATION: 10548 SW Kent Street; WCTM 2S115AA, Tax Lot 02200.
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, 18.705, 18.725, :�
18.745, 18.765, 18.795 and 18.810.
CIT AREA: Central CIT FACILITATOR: List Available Upon Request
DECISION MAKING BODY BELOW: ❑ TYPE I ❑ TYPE II � TYPE III ❑ TYPE IV �
DATE COMMENTS WERE SENT: APRIL 24, 2001 DATE COMMENTS ARE DUE: MAY 8, 2001
�HEARINGS OFFICER [MONJ DATE OF HEARING: JUNE 18, 2001 TIME: 1:00 PM
❑PLANNING COMMISSION [MONJ DATE OF HEARING: TIME: 1:30 PM
❑CITY COUNCIL RUESJ DATE OF HEARING: TIME: 1:30PM
❑STAFF DECISION [TENTATIYE� DATE OF DECISION:
COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION
� VICINITY MAP ❑ LANDSCAPING PLAN ❑ ARBORIST REPORT
� SITE PLAN ❑ ARCHITECTURAL PLAN ❑ TRAFFIC IMPACT STUDY
� NARRATIVE ❑ GEOTECH REPORT ❑ OTHER:
STAFF CONTACT: Mathew Scheideg„qer, Assistant Planner (503) 639-4171, extension 317
/. �
April 18, 2001
CITY OF TIGARD
Jeffrey and Gayla Ross OREGON
10548 SW Kent Street
Tigard OR 97224
RE: Notice of Incomplete Submittal-CUP2001-00001 (Ross Daycare)
Dear Mr. and Mrs. Ross:
The City received your request for a Conditional Use Permit (CUP) approval for a
12-child group home daycare. Based on a preliminary review of your application
materials, Staff has determined that your submittal is incomplete for the purposes of
continuing with your review. The following clarifications and additional information are
required before Staff can consider your application complete and begin the review.
1. Unified Sewerage Agency provider letter.
2. Copy of Title Transfer Instrument or Deed.
3. Provide 21 copies of narrative and site plan.
4. Submit detailed site plan.
Your site plan does not provide enough information for staff to start the review
process. The site plan must show the parking, landscaping/buffering, if you have a
fence, show the fence.
5. Provide detailed Impact Study.
The impact study must address at a minimum, transportation and noise impacts of
the development (i.e. times kids are outside, how many vehicles visit the site a day).
Once the required information has been submitted, Staff will deem the application
complete and begin the review process. If you have any questions about the
information contained in this letter, please feel free to contact me at (503) 639-4171,
extension 317.
Sincerely,
�l�'�� L� �-�
Mathew Scheide e'r �
99
Assistant Planner
i:lcurpin\mathew\cuplcup2001-00001.acc.doc.dot
c: CUP2001-00001 Land Use file
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD(503)684-2772
CITY OF TIGARD
April 23, 2001 OREGON
Jeffrey and Gayla Ross
10548 SW Kent Street
Tigard, OR 97224
RE: Notice of Complete Application Submittal
CUP2001-00001 (Ross Daycare)
Dear Jeffrey and Gayla:
The City has reviewed your submittal material and finds that your
application is complete as of April 23, 2001. Staff will now review your
application for a Conditional Use permit. A decision will be rendered
within 6-8 weeks.
I am available to answer questions and otherwise assist you as may be
required at 503-639-4171, extension 317. Office hours are from 8:00 a.m.
to 5:00 p.m. Monday through Friday. If I am not available, please leave
your name and phone number so that I can call you as soon as possible.
Sincerely,
� �
Mathew Scheidegger
Assistant Planner
i:\curpin\mathewlcup\cup2001-00001.acc.doc.dot
c: CUP2001-00001 Land Use file
13125 SW Hall Blvd.. Tigard, OR 97223 (503)639-4171 TDD (503)684-2772
� Co� '•�of Washington � �
., Jerry R. Hanson, Director of Assess-
� ment and Taxation and Ex-Officio County
Clerk for said county, do hereby certify that
the within instrument of writing was received
and recorded in book of records of said
county. �
�
• Jerry R. Hanson, Director of
Assessment and Taxation, Ex-
Officio�ounty Clerk
Doc : 980219�3
Rect: 204415 13 . 00
U3/U9/1998 lU: U9: 49am
DEED OF RECONVEYANCE
The undersigned trustee or successor trustee under that certain
trust deed dated June 28, 1996, executed and delivered by Jeffrey A. Ross and
� Gayla Ross, as grantor, and recorded on July 3, 1996, in the Mortgage Records
of Washington County, Oregon, as Doc No. 96060160 . 1, Rect no. 167338,
conveying real property situated in said county described as follows :
� more particularly described in the forementioned Trust Deed;
�
Q has received a written request to reconvey from the beneficiary, reciting
cSo that the obligation secured by said trust deed has been fully paid and
� performed, hereby does grant, bargain, sell, and convey, but without any
o covenant or warranty, express or implied, to the person or persons legally
c� entitled thereto, all of the estate held by the undersigned in and to the
z said described premises by virtue of said trust deed.
� In construing this instrument and whenever the context hereof so
r requires, the masculine gender includes the feminine and neuter and the
�. singular includes the plural .
,7
,�
IN WITNESS WHEREOF, the undersigned trustee has executed this
u instrument . �
DATED: February � , 1998 ,
�
� '�
.�l y�,ty r,�':�1-�t.��z-•..._
James C. Wag�oner,, .,Trustee
STATE OF OREGON ) � �
) SS . ;
County of Multnomah )
On February a3 , 1998, personally appeared the above named� JAMES C.
WAGGONER, and acknowledged tfie foregoing instrument to be his voluntary act
and deed. Before me:
o��cu�s�
TAMARA R DAV13
NOTIIRY PUBLIC-OREC�ON �1.I'YIGC./�� I
�����•�781 Notary Public for regon
MY COMMISSION EXPIRES NOV 13,2001 M�t COIriMi S S 1 Ori Exp i re s : (l 13 21J0
Grantor' s Name and Address : ��'.
Jeffrey and Gayla Ross z�`
10548 Southwest Kent Street ��
Tigard, OR 97224 t��
t:
�;�,.�
�
I��C:F�''', ' ���
After Recording Return To: „ ���
Same as above ° =' ;, ''
.. w ���
rr ,�. O�uc�t;.,.;,,,, ��
Until a Change is Requested
Al1 Tax Statements Shall Be Sent �
To The Following Address : �
No change $
f:\72\722062\1\ross5.dor �g
F
��
� '
JEFFAND GAYLA ROSS
9�1.5 .SW F_lrose Stree!
Tigard, OR 97223
Februarv 23, 2001
RE: CONDITIONAL USE PERMIT
Dear Interested Party:
VVe are the owners of the property located at l 0548 S W Kent Street in Tigard, Oregon.
We are considering proposing a small group home day care at this location. This day care allo��s
up to 1? children between the ages of 2-12 years old.
Prior to applying to the City of Tigard for the necessary permit, we would like to discuss
the proposal in more detail with the surrounding property owners and residents. You are invited
to attend a meetin� on:
FRInAI�', MARCH 9, 200]
7:00 PM
9515 SW ELROSE STREET
Tigard, Oregon
Please notice this will be an informal meeting on preliminary plans. These plans may be
altered prior to submission of the application to the City.
We look forward to more specifically discussing this proposal w�ith you. Please call �03-
684-8173 if you have any questions.
Sincerely,
�
���� - (.� cZ.-,�f� L�
�J ;j -
Jeff and Gayla Ross
• � AFFIDAVIT OF POSTING NOTICE
WITHIN SEVEN(7)CALENDAR DAYS OF THE SIGN POSTING,RETURN THIS AFFIDAVIT TO:
City of Tigard
Planning Division
13125 SW Hall Boulevard
Tigard, OR 97223
I, ��-�� ��� � . ������ , do affirm that I am (represent) the party initiating
interest in a pro osed !� �c - affecting the land
located at (state the approxim te location(s) f no address(s) and/or tax lot(s) currently
registered) ,'c�s�r s� s�' �,�.,� -5�. � ,.,� ,�f c��� `i �72��l , and
did on the Z � day of r� �-•.���
,
` � � �— persQpally post notice indicating th t the site may be proposed for a
Z � <��,�����.�;�Ll ���� application, and the time, date and place of a neighborhood
meeting to discuss the proposal.
The sign was posted at /asy s..� -� � c>�
. _ ;��
(state location you posted notice on property)
c,
Sig the presence of a Notary Public)
(TNIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLEfE/NOTARIZ�
Subscribed and swom/affirmed before me on the�_day of ��''�'�`' , '1�?�I
-- �'d�(J� �
OFFICIAL SEAL r
KENT GOODING
NOTARY PUBLIC-OREGON NOTARY P LIC OF O EGO
�� COMMiSSiON No.326532 M Commission Ex ires: � �v , �O�J3
MY COMMI5SION EXPIRES SEPT,20,2003 Y P
(Applicant,please complete information below for proper placement with proposed project)
-----------------------------------------------�
rNAME OF PROJECT OR PROPOSED NAME:
�TYPE OF PROPOSED DEVELOPMENT: �
�Name of ApplicandOwner: I
I Address or General Location of Subject Property: _ _ ___ _ I
' I
�Subject Property Tax Map(s)and Lot#(s):
L---------------------------------------------------------------------�
h:uog�n�pattyYnasterslafrpost.mst
. � AFFIDA�7IT OF MAILING
STATE OF OREGON )
)ss.
City af Tigard �
I, ��-�-�r�i Q • 1��5 . being duly sworn, depose
and say that on i � ' .-w...� 2 z��'� t�_, I caused to have mailed to each
of the persons on the attac ed list, a notice of a meeting to discuss a proposed
development at (or near)
��s��; s � ���,� s4
-r< <;,���t v(� �t �LZ�-�
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 deposit�d on the �ate indicated above in the United States Post
Office located at �7�S��J� Ce�.�r�_ ��=-��
,
with postage prepaid thereon.
�i �o^'�
Si a re (In the presence of a Notary Public)
(THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETE/NOTARIZ�
Subsc�ibed and sworn/affiRned before me on the��day of �r�� �I ,1-9-?ov /
OFFICIAL SEAL �
"`� KENT�QODING n
. �
NOTAfiY PUBLIG�REGON � 6C.(A�l
COMM1SS10N N0.326532
MY COMMISSION EXPIRES SEPT,20,2003 NOTARY BLIC OF OR N
� My Commission Expires:. � �-n . �� 3
(Applicant,please complete information below for proper placement with proposed project)
iNAME OF PftOJECT OR PROPOSED NAME: i
TYPE OF PROPOSED DEVELOPM�NT:
iName of ApplicandOwner: �
�Address or General b'6�ation of Subject Property: _ _ _ �
�Subject Property Tax Map(s)and Lot#(s): I
L---------------------------------------------------------------------�
h:Yog in�patty4nasterslaffmail.mst
2S115AD-06600 2S114BB-15100
ADEN GERALD P.A&JANIS I TRS CALL STEPHEN J&BARBARA L
10616 SW RIVER DR 1�409 SW RIVERWOODS LANE
TIGARD,OR 97224 TIGARD,OR 97224
2S114BB-14100 251148B-13400
ADEN JEFFREY L AND LEISA M CARN BRETT W AND GINA L
10420 SW KENT ST 16735 NW ARGYLE WAY
TIGARD,OR 97224 PORTLAND,OR 97229
2S115AD-06801 2S115AA-02300
ALDER JON P&JUIE M CARTER SHARON L
10647 SW RIVER DR 10560 SW KENT ST
TIGARD,OR 97224 TIGARD,OR 97224
2S1148C-04000 2S115AA-04000
ALSHAIE SULTAN CEDERBERG MARK A&CINDY K
10414 SW BONANZA WAY 10567 SW KENT
TIGARD,OR 97224 TIGARD,OR 97223
2S114B8-14900 2S115AA-07800
ARRIGONI CYNTHIA L&JAMES M CHRISTENSEN DORIS L DECLARATION
10433 SW RIVERWOOD LN OF TRUST
TIGARD,OR 97223 10544 SW TITAN LN
TIGARD,OR 97224
25115AD-05800 2S 115AA-08100
BARBER-BAUMANN PAMELA L CIULA KEVIN&
10734 SW RIVER DR ARICK KRISTIN S
TIGARD,OR 97224 10533 SW TITAN LN
TIGARD,OR 97224
2S 115AD-05100 2S 115AD-02300
BLACKBURN JEAN A CLINTON JOHN W&JENELLE G
10763 SW RIVER RD 10534 SW TUALATIN DR
TIGARD,OR 97223 TIGARD,OR 97224
2S114BB-13200 2S114BC-04800
BOTTENBERG PATRICIA D COLEMAN RALPH D&
16429 SW 104TH HAYMOND MARILYN A
TIGARD,OR 97223 10417 SW BONANZA WAY
TIGARD,OR 97224
2S115AD-06200 2S114BB-13900
BOUSKA ALBERT UKATHRYN COLLINS KEVIN A
10545 SW TUALATIN DRIVE 10396 SW KENT ST
TIGARD,OR 97224 TIGARD,OR 97224
2S114BB-15400 2S115AD-05600
BROWN GREGORY A&CONNIE M CONKLIN RICHARD P&JANICE C
10353 SW RIVERWOOD LN 3145 SW 100TH AVE
TIGARD,OR 97223 PORTLAND,OR 97225
2S114BB-07600 2S115AA-04300
CONROY BRIAN•J&CINDY K DAY STEPHEN A AND LINDA C
16267 SW 104TH AVE 10519 SW KENT ST
TIGARD,OR 97224 TIGARD,OR 97223
2S 115AA-02400 2S 115AD-07400
COOK GARY R/SUSAN E DICKSON DONALD K&CAROL A
10582 SW KENT ST 10543 SW RIVER DR
TIGARD,OR 97224 TIGARD,OR 97224
2S 115AD-06700 2S 115AA-07400
COXE GLENN KEELER TR DIERDORFF MATTHEW J
5596 BLANK RD 10634 SW TETON AVE
SEBASTOPOL,CA 95472 TIGARD,OR 97224
2S 115AA-03500 2S 1148C-04500
CREWS WILLIAM O JR& DIXON KENNETH L&KIMBERLEE A
JO ANN TRUSTEES 10496 SW BONANZA WAY
157 CHAPEL DR TIGARD,OR 97224
MILL VALLEY,CA 94941
2S115AD-06500 2S115AA-03200
CROSSWHITE DAVID E/JANICE A ERICKSON KAARE O&
1057�SW RIVER DR STALLMAN SHARON D
TIGARD,OR 97224 16450 SW 108TH AVE
TIGARD,OR 97224
2S115AD-05700 2S115AA-02600
CROWDER FRED R&BARBARA J ETHEL-KING PATRICK&MELODIE
10710 SW RIVER DR 10624 SW KENT ST
TIGARD,OR 97224 TIGARD,OR 97224
2S114BB-11900 2S114BB-15000
DAILEY RICHARD A&KEIKO N EVANS MICHAEL J AND LAURIE R
10441 SW TITAN LN 10411 SW RIVERWOOD LANE
TIGARD,OR 97224 TIGARD,OR 97224
2S 115AA-04100 2S 115AA-08200
DANNOURA MUNENOBU&KYOKO FELDCHER GRANT E&KATHI L
10553 SW KENT ST 10559 SW TITAN LN
TIGARD,OR 97224 TIGARD,OR 97224
2S114B6-12100 2S114BB-14300
DAVIS DARRELL&REBECCA M FIDDES RUSSELL GORDON AND
10485 SW TITAN LANE DEBRAH SUE
TIGARD,OR 97224 10454 SW KENT CT
TIGARD,OR 97224
2S 115AA-03800 2s i i e�-onoo
DAVIS JOE E AND KATHRYN E FISHER MARK A AND LAURIE H
10591 SW KENT ST 10568 SW TITAN LN
TIGARD,OR 97224 TIGARD,OR 97224
2S114B8-14200 2S115AD-06900
FISHER PAULA I: HASSELL THOMAS LEE AND
10432 SW KENT ST LEE JUNG HWA
TIGARD,OR 97224 10625 SW RIVER DR
TIGARD,OR 97224
2S 115AD-04400 2S 115AA-03000
FORD WILLIAM B&NANNETTE M HASSMANN RICHARD T&MARILYN L
16630 SW 108TH AVE 10728 SW KENT ST
TIGARD,OR 97224 TIGARD,OR 97224
2S 114B B-13800 2S 115AD-00100
FORDE JOANNA KIM 8 HATTON FLOYD W&BARBARA W
FAUCHER GREG A 10512 5W TUALATIN DR
10374 SW KENT ST TIGARD,OR 97224
TIGARD,OR 97224
2S 114B6-12300 2S 115AD-02600
GERTH JOSHUA M&KATHY C KHONG HERSCOVITZ JEFFREY S AND
10436 SW TITAN LN CAROL A WEST HERSCOVITZ
TIGARD,OR 97224 10610 SW TUALATIN DR
TIGARD,OR 97223
2S 115AD-07000 2S 114B B-13100
GORLINSKY RAELENE K HICKAM TODD J
10603 SW RIVER DR 16465 SW 104TH AVE
TIGARD,OR 97224 TIGARD,OR 97223
2S 114B B-08100 2S 115AA-07900
GOVERNALE JOHN P&DIANA HIEB ALVIN A
10405 SW TITAN LN 10530 SW TITAN LN
TIGARD,OR 97224 TIGARD,OR 97224
2S 1 t 5AD-05501 2S 115AD-05200
GRAY RICHARD A&MARJORIE E HILLER MARK J&SUZANNE L
10669 SW RIVER RD 10741 5W RIVER DR
TIGARD,OR 97224 TIGARD,OR 97224
2S 115AA-04200 2S 11468-13600
GULLHOLM BJORN 8 ELLEN M L HOLZKAMP WAYNE E
10531 SW KENT ST 16474 SW 104TH AVE
TIGARD,OR 97224 PORTLAND,OR 97224
251148B-12800 2S114B8-14600
HANSEN JERALD W HOWLAND HAROLD M AND RUTH J
10465 SW KENT ST 13145 SW BENISH ST
TIGARD,OR 97224 TIGARD,OR 97223
2S 1148 B-15300 2S 115AD-07500
HARTLEY PAMELA J HYDE HENRY P TRUSTEE
10375 SW RIVERWOOD LN 10521 SW RIVER DR
TIGARD,OR 97224 TIGARD,OR 97224
2S114BB-7260a 2S1146C-05000
ISAKSON MARKJ 8 LASSETTER LARRY D&ELIZABETH H
RILEY-ISAKSON SUSAN D 10363 SW BONANZA WAY
10492 SW TITAN LN TIGARD,OR 97224
TIGARD,OR 97224
2S 115AD-05500 2S 115AD-02500
JAY MILLER BUILDER INC LEATHERMAN STEVEN L&
PO BOX 230459 REBECCA M
TIGARD,OR 97281 10578 SW TUALATIN DR
TIGARD,OR 97224
2S115AA-08600 2S1146B-07800
KARTCHNER DON M/ELEANORE S& LEE ROBERT W AND
KARTCHNER DENNY B MCQUARY-LEE LAURIE
16352 SW 107TH CT 16283 5W 104TH AVE
TIGARD,OR 97223 TIGARD,OR 97224
251148B-12400 2S115AD-07100
KARUNAKARAN PRADEEP K&GEETA S LEHEW MICHAEL W/DONNA M
10458 SW TITAN LN 10599 SW RIVER DR
TIGARD,OR 97224 TIGARD,OR 97223
2S 114BC-05100 2S 114BB-11700
KAY MICHAEL D&PAMELA K LEHR CANDACE E
10321 SW BONANZA WAY 10417 SW TITAN LN
TIGARD,OR 97224 TIGARD,OR 97224
2S 17 5AD-02100 25114BC-04400
KELLY DAMIAN J AND LINDER GERALD P 8�KAREN M
RUSH JUDY L 10484 SW BONANZA WAY
10452 SW TUALATIN DR TIGARD,OR 97224
TIGARD,OR 97224
2S 115AA-03100 2S 115AD-06100
KENNEDY RICHARD P&EVELYN R LONERGAN MARY D AND
10740 SW KENT ST RICHARD L
TIGARD,OR 97224 10576 SW TUALATIN DRIVE
TIGARD,OR 97224
2SiiaBC-0asoo 2S��aBB-i27oo
KNECHT ANNA M LONG LARRY L AND PAMELA A
10483 SW BONANZA WAY 10487 SW KENT ST
TIGARD,OR 97224 TIGARD,OR 97224
2S 115AA-07600 2S 115AD-02200
KRUEGER ARTHUR�&CAROLYN A LUSK DENNIS L
10582 SW TITAN LN 10494 SW TUALATIN DR
TIGARD,OR 97224 TIGARD,OR 97224
2S115AD-06400 2S115AD-02000
KUMM BRETT L 8 LUTGE MICHAEL
STINSON JENNIFER 10400 TUALATIN DR
10558 5W RIVER DR TIGARD,OR 97224
TIGARD,OR 97224
2S 1146 B-07900 2S 115AA-03700
LYDON KEVIN B. MURALT RICHARD VICTOR/DORIS S T
16295 SW 104TH AVE 10613 SW KENT ST
TIGARD,OR 97224 TIGARD,OR 97224
2S115AD-05400 25115AA-08400
LYNCH STEPHEN R& MURPHY STACY L&MARK D
LYNCH MONIQUEA D 16408 SW 107TH CT
10683 SW RIVER DR TIGARD,OR 97224
TIGARD,OR 97224
2S 115AD-04600 2S 115AA-02900
MACDONALD MARK&PAMELA K NELSON KIRK DUANE
16674 SW 148TH AVE 10680 SW KENT ST
TIGARD,OR 97224 TIGARD,OR 97224
2S 115AA-07000 2S 1 t 4B6-14000
MALDONADO LAWRENCE&TANYA OLAR GRIGORIY&NATALYA
16440 SW 108TH AVE 10408 SW KENT ST
TIGARD,OR 97224 TIGARD,OR 97224
2S 115AD-05300 2S 114BB-12900
MARKS JENNIFER&DARRIN OLSON STEVEN D&ELLEN M
10729 SW RIVER DR 10443 SW KENT ST
TIGARD,OR 97224 TIGARD,OR 97224
2S 115AA-02000 2S 115AAA7200
MAY JOHN DAVID&JACQUELYN E PERRY RICHARD J&LISA M
10504 SW KENT DR 10688 SW TITAN LN
TIGARD,OR 97224 TIGARD,OR 97224
2S 1148B-14700 2S 115AD-02400
MCCARGAR MARY PRESCOTT SCOTT E&KAREN A
10477 SW RIVERWOOD LN 10556 SW TUALATIN DR
TIGARD,OR 97224 TIGARD,OR 97224
2S114BC-04900 2S114B8-13700
MELVIN MARY ANN&ROBERT S TRS PRITCHETT WINNIE W S
10395 SW BONANZA WAY 10352 SW KENT ST
TIGARD,OR 97224 TIGARD,OR 97223
2S 115AA-0S000 2S 115AD-04500
MILLER DONALD A& REICHERT CAROL J
DIANA I 16652 SW 108TH AVE
10516 SW TITAN LANE TIGARD,OR 97224
TIGARD,OR 97224
2S115AA-02100 2S115AA-02800
MILLS MANNINGTON L&LY�IA M ROBERSON JED D/PATRICIA E
10526 SW KENT ST 10668 SW KENT
TIGARD,OR 97224 TIGARD,OR 97223
2S714BB-15200 2S115AA-08500
RODGE LIVING;RUST SCHAURES MARK T&
BY RODGE LOUIS L WENDY UMEKO FUJIOKA
10397 SW RIVERWOOD LN 16384 SW 107TH CT
TIGARD,OR 97224 TIGARD,OR 97224
2S115AD-07200 25115AA-03900
ROGERS JOSEPH J&JENNIFER M SCHMIDT G PETER&ELAINE
10587 SW RIVER DR 10579 SW KENT ST
TIGARD,OR 97224 TIGARD,OR 97224
2S 115AD-01900 2S 11488-12500
ROSETTA THOMAS N 8�ROBIN L SCHULZ ERIC M&MELISSIA R
16560 SW 108TH AVE 10470 SW TITAN LN
TIGARD,OR 97224 TIGARD,OR 97224
2S 115AA-02200 2S 17 5AA-03600
R05S JEFFREY A 8 GAYLA SEGUI ROBET S AND MEREDEE A
14100 SW 97TH AVE 10637 SW KENT STREET
TIGARD,OR 97224 TIGARD,OR 97223
2S1148C-04300 2S1148B-13000
RUSSELL PETER A&ERIN M SELLERS ROBERT E AND REBECCA S
10468 SW BONANZA WAY 10421 SW KENT LANE
TIGARD,OR 97224 TIGARD,OR 97224
2S 115AA-02500 2S 115AA-07500
RUTHERFORD ROBERT D& SHIVELY WILLARD L JR&
NANCY M TRUSTEES SHIVELY LAURNA WITHYCOMBE
10602 SW KENT 10606 SW TITAN LN
TIGARD,OR 97224 TIGARD,OR 97224
2S 1148 C-04200 2S 115AD-07300
RUTTEN PAUL H&WILHELMINA J SKURDAHL BRUCE A&DAWN I
10452 SW BONANZA WAY 10565 SW RIVER DR
TIGARD,OR 97224 TIGARD,OR 97224
2S 115AA-06900 2S 1146C-04700
SANDS SHAWN T& SMITH EVAN T&LORI J
LYONS TERA L 10459 SW BONANZA WAY
10756 SW TITAN LN TIGARD,OR 9�224
TIGARD,OR 97223
2S114BB-12200 2S115AA-02700
SAVOLA KRISTINE M SMITH RICHARD
16387 SW 104TH AVE 10646 SW KENT
TIGARD,OR 97224 TIGARD,OR 97224
2S 11486-07700 2S 115AA-08900
SCHARN JEFFERY P&TRACY A SPRINGER JONATHAN&AUDREY
16279 SW 104TH AVE 10685 SW TITAN LN
TIGARD,OR 97224 TIGARD,OR 97224
2S1148B-13500 2S114BB-11800
ST DENIS CURT A& TIERNEY LANNIE J
NORDfSEF2G MARY BELLE 10429 SW TITAN LANE
16448 SW 104TH AVE TIGARD,OR 97224
TIGARD,OR 97224
2S115AA-07300 2S114BC-05200/
STOLLBERG JOEL HERMAN& TIGARqCyW OF
STOLLBERG LAURI SUE JOHNSON 13125,�HALL
10660 SW TITAN LN TIG�2D,OR 97223
TIGARD,OR 97224
2S115AA-08800 2S115AA-09300
STONE MICHAEL A&CARMA J TIGA CI OF
16349 SW 107TH CT 13125 HALL
TIGARD,OR 97224 TIG D, 97223
2S1146C-04100 2S114BB-14800
STOTLER THOMAS W&BETTY A VELASQUEZ DANIEL E&LYNETTE S
10436 SW BONANZA WAY 10455 SW RIVERWOOD LN
TIGARD,OR 97224 TIGARD,OR 97224
2S114BB-13300 2S115AD-04701
SUNDBERG SHARA L POSNER& WANG JIAN&
ROSS F QIN NAN PING
16382 SW 104TH AVE 16696 SW 108TH AVE
TIGARD,OR 97224 TIGARD,OR 97224
2S115AD-05900 2S115AA-08700
TEHAN JOSEPH M/WENDY F WATTS KENNETH G&DEBRA L
10627 SW TUALATIN DR 16326 SW 107TH CT
TIGARD,OR 97224 TIGARD,OR 97223
2S115AD-06300 2S115AA-03400
TENNESON MARY LEE WELCH LARRY C&IRIS
10523 SW TUALATIN DR 10671 SW KENT ST
TIGARD,OR 97223 TIGARD,OR 97224
2S115AD-06000 2S115AA-03300
THOMPSON DENICE P WILLETT RONALD ALLEN&SYDNEY H
10605 SW TUALATIN DR PO BOX 66-27
TIGARD,OR 97224 TAI CHUNG,TA 40610 ROC
2S114BB-14400 2S114BB-12000
THORNBURG LINDA M&KEN WILLIS GALEN E&SAUNDRA F
10476 SW KENT ST BY FIDELITY NATIONAL 1031 EXCHANGE
TIGARD,OR 97224 4255 SW FIR GROVE
WILSONVILLE,OR 97070
2S114BB-14500 2S115AA-08300
TIDD ANN L ZABACK ROBERT A&TONI
10498 SW KENT ST 10587 SW TITAN LN
TIGARD,OR 97224 TIGARD,OR 97224
Debr.a Seer-�an CITY OF TIGARD
13372 SW Clearview Way CENTRAL CIT SUBCOMMITTEE
Tigard, OR 97223
Mary Skelton
10355 SW Walnut Street i:lcurpinlsetupllabelslClT Central.doc
UPDATED: 9-Jan-01
Tigard, OR 97223
Kathleen Anderson
12132 SW Lansdowne Lane
Tigard, OR 97223
Jack Biethan
11043 SW Summerfield Drive, Apt.#3
Tigard, OR 97224-3376
Don & Dorothy Erdt
13760 SW 121st Avenue
Tigard, OR 97223
Suzanne Riles
13215 SW Genesis Loop
Tigard, OR 97223
Ellen Beilstein
14630 SW 139th Avenue
Tigard, OR 97224
Marv Lindquist
11565 SW Walnut Street
Tigard, OR 97223
Christine Garsteck
11774 SW 125th Court
Tigard, OR 97223
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CITY OF TIGARD
PRE-APPLICATION CONFERENCE N�TES ��-o��-���,��������Y������
Cou:mw�ity�Ueve(opnte�tt
(Fre-Appiication Meetin Notes are Valid for Six (6) Months) S(+aping�l BetterCanmu�iity
NON-RESIDENTIAL
'PBE�APP.MTG.DATE: �� �
STAFf AT FAE-APP.: y > ?
APPLICANT: �-��,� �i,��a� AGENT:
Phone: "e� !�N=����--_--_---- -_ Phone: ( )
PROPERTY LOCATION:
ADORESS/GENERAL LOCATION: /���� S Gc� -c�� S'� _
TAX MAP(S)/LOT#(S):
NECESSARY APPLICATIONS: <[' [�� �������,.t� ��c�_����
PROPOSAL DESCRIPTION: �----�'�.� ,l-��,�,� � �'�.-r-�e .�-f /�r> � Lc-�c�/'—e
(s,z L /� � ts.��.�
COMPREHENSIVE PLAN ^
MAP DESIGNATION: ��:�; G���`f-�. �Q<.�'���o�e.-�
ZONING MAP DESIGNATION: S
CITIZEN INVOLVEMENT TEAM (C.I.T.) AREA:___s���
tONING UISTRICT DIMENSIONAL REQUIREMENTS [Refer to Code Section 18. s � �� l
MINIMUM LOT SIZE:7, �c'r' sq. ft. Average Min. lot width: ��� ft. Max. building height: �3 cT;� ft.
SeWacks: Front�ft. Side � ft. Rear �5 ft. Corner � S' ft. from street.
MAXIMUM SITE COVERAGE: �'�� % Minimum landscaped or natural vegetation area �' %.
� ;-,�" NEIGHBORHOOU MEETING [Refer to the Neighporhood Meeting NandouU
THE APPLICANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET AND THE
APPROPRIATE CIT FACILITATOR AND THE MEMBERS OF ANY LAND USE
SUBCOMMITTEE(S) 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 �rior to submitting vour application or the
a�plication 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.
GTY OF TIGARD Pre-Application(on(erence Notes Page I of 9
NON-Resdm�il AppliatioalVlanain`Dnuian k[uon
.. ... __ . �
� NARRATIVE [Referto Code Chapter18.3901
The APPLICANT SHALL SUBMIT A NARRATIVE which provides findings based on the applicable
approval standards. Failure to provide a nar�ative 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.
� IMPACT STUDY [Refer to Code Sections 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 and 18.7651
Minimum number of accesses: / Minimum access width: � �
Minimum pavement width: i�
All driveways and parking areas, except�for some fleet storage parking areas, must be paved.
Drive-in use queuing areas:
� WALKINAY REQUIREMENTS [Refer to Code Section 18.705.0301
WALKWAYS SHALL EXTEND FROM THE GROUND F�OOR ENTRANCES OR FROM THE
GROUND FLOOR LANDING OF STAIRS, ramps, or elevators of all commercial, institutional, and
industrial uses, to the streets which provide the required access and egress. Walkways shall provide
convenient connections between buildings in multi-building commercial, institutional, and industrial
complexes. Unless impractical, walkways should be constructed between a new development and
neighboring developments.
SR�CIAL SETBACKS [Refer to Code Chapter 18.7301
� 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 18.130.010.B.1
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 ('/�) of the building's height; and
➢ The structure will not abut a residential zoned district.
,�} BUFFERING AND SCREENING [Refer to Code Chapter 18.145)
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 onlv be occupied by vegetation, fences,
utilities, and walkways. Additional information on required buffer area materials and sizes may be
found in the Development Code.
CITY OF TIGARD Pre-Application fonference Notes Page 2 of 9
XON-Retidm�i�l Appliation/Phnnina Divuian kc�ion
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9
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 18.145,18.165 and 18.7051
STREET TREES ARE REQUIRED FOR ALL DEVELOPMENTS FRONTING ON A PUBLIC OR
PRIVATE STREET as weli 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. For detailed information on design requirements for parking areas and accesses.
RECYCLING [Refer to Code Chapter 18.7551
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 [Referto Code Section 18.165.0401
REQUIRED Narking for this ty'e of use: �
Parking SHOWN on preliminary plan(s): � '
SECONDARY USE REQUIRED parking:
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:
Z All parking areas shall PROVIDE APPROPRIATELY LOCATED AND DIMENSIONED
DISABLED PERSON PARKING spaces. The minimum number of disabled person parking
spaces to be provided, as well as the parking stall dimensions, are mandated by the Americans
with Disabilities Act (ADA). A handout is available upon request. A handicapped parking space
symbol shall be painted on the parking space surface and an appropriate sign shall be posted.
➢ BICYCLE RACKS ARE REQUIRED FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL
DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and
in convenient locations.
LOADING AREA REQUIREMENTS [Refer to Code Seciion 18.765.0801
Every COMMERCIAL OR INDUSTRIAL BUILDING IN EXCESS OF 10,000 SQUARE FEET shall be
provi e �s ace. The space size and location shall be as approved by the City
Engineer.
GTY OF TIGARD Pre-Appliation[onference Notes Page 3 0(9
NON-Residenti�l Appliation/Plmnia�Dnnioa kc�wn
� BICYCLE RACKS [Refer to Code Section 18.7651
� 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.
SENSITIYE LANDS [Refer to Code Chapter 18.7151
The Code provides REGULATIONS FOR LANDS WHICH ARE POTENTIALLY UNSUITABLE FOR
DEVELOP11I1ENT DUE TO AREAS WITHIN THE 100-YEAR FLOODPLAIN, NATURAL
DRAINAGEbiIAYS, 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. HOWE�/ER, the res�onsibility to preciselv
identify sensitive land areas. and their boundaries. is the responsibility of the applicant. Areas
meeting the definitions of sensitive lands must be clearly indicated on plans submitted with the
development a�plication.
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 Co�e�ection 18.715.080.C1
When STEEP SLOP�� 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. Ttii�e report shall be based upon field exploration and investigation and shall
include specific recommendations for achieving the requirements of Section 18.775.080.C.
UNIfIED SEWERAGE AGENCY[USAI BUFFER STANDARDS [Refer to R a 0 96-44/USA Regulations-Chapier 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. �
Desi n Criteria: �
The EGETATED CORRIDOR WIDTH is dependent on the sensitive area. The following table
identifies the required widths: I
TABLE 3.?VEGETATED CORRIDOR WIDTHS
SOURCE: USA DESIGN AND CONSTRUCTION STANDARDS MANUALlRESOLUTION 8� ORDER 96-44
SENSITIVE AREA DEFINITION SLOPE ADJACENT 4 WIDTH OF VEGETATED
TO SENSITIVE AREA CORRIDOR PER SIDE
. Streams with intermittent flow draining: <25%
� 10 to <50 acres 15 feet
� >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%
� 10 to <50 acres 30 feet
� >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
to 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.
6The vegetated corridor extends 35 feet from the top of the ravine and sets the outer boundary of the vegetated corridor. The 35 feet may be reduced to
15 feet,if a stamped geotechnical report confirms slope stability shall be maintained with the reduced setback from the top of ravine.
(IiY OF TIGARD Pre-Applicatian Con(erence Notes Page 4 of 9
MON�Aesdmtul Applicnion/il�nan�Divitim kcdan
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Restrictions in the Ve etate Corridor:
NO structures, deve opment, 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
USA Design and Construction Sfandards.
Location of Vegetated Corridor:
IN ANY RESIDENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCELS or lots intended
for separate ownership, such as a subdivision, the vegetated corridor shall be contained in a
separate tract, and shall not be a part of any parcel to be used for the construction of a dwelling unit.
USA Service Provider Letter:
PRIOR TO SUBMITTAL of any land use applications, the applicant must obtain a USA Service
Provider Letter which will outline the conditions necessary to comply with the R&O 96-44 sensitive
area req uirements. If there are no sensitive areas, USA must still issue a letter stating a USA
Service Provider Letter is not required.
SIGNS [Refer to Code Chapter 18.1801
SIGN PERMITS MUST BE OBTAINED PRIOR TO INSTALLATION OF ANY SIGN in the City of
Tigard. A "Guidelines for Sign Permits" handout is available upon request. Additional sign area or
height beyond Code standards may be permitted if the sign proposal is reviewed as part of a
development review application. Alternatively, a Sign Code Exception application may be filed for
Director's review.
TREE REMOVAL PLAN REQUIREMENTS (Refer to Code Section 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:
� Retainage of less than 25% of existing trees over 12 inches in caliper requires a mitigation
program according to Section 18.150.070.D. of no net loss of trees;
► Retainage of from 25 to 50% of existing trees over 12 inches in caliper requires that two-
thirds of the trees to be removed be mitigated according to Section 18.790.060.D.;
� Retainage of from 50 to 75% of existing trees over 12 inches in caliper requires that 50%
of the trees to be removed be mitigated according to Section 18.790.060.D.;
� Retainage of 75% or greater of existing tre�s 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�e tree plan above and will be
replaced according to Section 18.790.060.D.
MITIGATION [Refer to Code Section 18.190.060.E.1
REPLACEMENT OF A TREE shall take place according to the follov+ving guidelines:
y A replacement tree shall be a substantially similar species cc�nsidering site characteristics.
Y If a replacement tree of the species of the tree removed or damages is not reasonably
available, the Director may allow replacement with a different species of equivalent natural
resource value.
CITY OF TIGARD Pre•Application(on(erence Notes Page S of 9
NON-Rnidenti�l Applianan/Pl�nnin6 Dnision kcnon
_—�
➢ 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 property or, with the consent of the owner,
private property.
➢ The planting of a replacement tree shall take place in a manner reasonably calculated to
allow growth to maturity.
IN LIEU OF TREE REPLACEMENT under Subsection D of this section, a party may, with the
consent of the Director, elect to compensate the City for its costs in performing such tree
replacement.
�� CLEAR YISION AREA (Refer to Code Chapter 18.7951
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. The size
of the required clear vision area depends upon the abutting streeYs functional classification and any
existing obstructions within the clear vision area.
WATER RESOURCES OVERLAY DISTRICT [Refer to Code Section 18.791.0301
The WATER RESOURCES (WR) OVERLAY DISTRICT implements the policies of the Tigard
Comprehensive Plan and is intended to resolve conflicts between development and conservation
of significant wetlands, streams and riparian corridors identified in the City of Tigard Local
Wetlands Inventory. Specifically, this chapter allows reasonable economic use of property while
establishing clear �nd objective standards to: protect significant wetlands and streams; limit
development in designated riparian co ridors; maintain and enhance water quality; maximize flood
storage capacity; preserve native plan cover; minimize streambank erosion; maintain and enhance
fish and wildlife habitats; and con erve scenic, recreational and educational values of water
resource areas.
Safe Harbor:
The WR OVERLAY DISTRICT SO MEETS THE REQUIREMENTS OF STATEWIDE PLANNING
GOAL 5 (Natural Resources) a the "safe harbor" provisions of the Goal 5 administrative rule (OAR
660, Division 23). These provi ions require that "significanY' wetlands and riparian corridors be
mapped and protected. The Tu atin River, which is also a "fish-bearing stream," has an average
annual flow of more than 1000 cfs.
Major Streams: �
Streams which are mapped as "FISH-BEA NG STREAMS" by the Oregon Department of Forestry
and have an average annual flow less than 1 00 cubic feet per second (cfs).
➢ Major streams in Tigard include F NNO CREEK, ASH CREEK (EXCEPT THE NORTH
FORK AND OTHER TRIBUTARY C EEKS) AND BALL CREEK.
Minor Streams:
Streams which are NOT "FISH-BEARIN STREAMS" according to Oregon Department of Forestry
maps . Minor streams in Tigard includ Summer Creek, Derry Dell Creek, Red Rock Creek, North
Fork of Ash Creek and certain short tri taries of the Tualatin River.
Riparian Setback Area:
This AREA IS MEASURED HORIZO TALLY FROM AND PARALLEL TO MAJOR STREAM OR
TUALATIN RIVER TOP-OF-BANKS, R THE EDGE OF AN ASSOCIATED WETLAND, whichever
is greater. The riparian setback is th same as the "riparian corridor boundary" in OAR 660-23-
090(1)(d).
Y The standard TUALATIN RIVE� RIPARIAN SETBACK IS 75 FEET, unless modified in
accordance with this chapter. '.
➢ The MAJOR STREAMS RIPARIAN SETBACK IS 50 FEET, unless modified in accordance
with this chapter.
CITY OF TIGARD Pre-Application Conference Notes Page 6 of 9
NON-Rndmti�l Applialion/Plmnin�Dnuioa ktlion
--:�
➢ ISOLATED WETLANDS AND MINOR STREAMS (including adjacent wetlands) have no
riparian setback; however, a 25-foot "water quality buffer" is required under Unified Sewerage
Agency (USA) standards adopted and administered by the City of Tigard.
RIPARIAN SETBACK REDUCTIONS [Refer to Code Section 18.191.1001
The DIRECTOR MAY APPROVE A SITE-SPECIFIC REDUCTION OF THE TUALATIN RIVER OR
ANY MAJOR STREAM RIPARIApd�SETBACK BY AS MUCH AS 50% to allow the placement of
structures or impervious surface�otherwise prohibited by this chapter, provided that equal or better
protection for identified major stream resources is ensured through streambank restoration and/or
enhancement of riparian vegetation in preserved portions of the riparian setback area.
Eligibility for Riparian Setback in Disturbed/�reas.
TO BE ELIGIBLE FOR A RIPARIAN SETB CK REDUCTION, the applicant must demonstrate that
the riparian corridor was substantially dist rbed at the time this regulation was adopted. This
determination must be based on the V getation Study required by Section 18.797.100 that
demonstrates all of the following:
➢ Native plant species currently cover less than 80% of the on-site riparian corridor area;
➢ The tree canopy currently covers ess than 50% of the on-site riparian corridor and healthy
trees have not been removed fro the on-site riparian setback area for the last five years;
➢ That vegetation was not removed contrary to the provisions of Section 18.797.100 regulating
removal of native plant species;
➢ That there will be no infringement i to the 100-year floodplain; and
➢ The average slope of the riparian ar a is not greater than 20%.
ADDITIONAL LOT UIMENSIONAL REQUIREMENTS [Refer tdCode Section 18.810.0601
�y
MINIMUM LOT FRONTAGE: 25 feet unless` lot is created through the minor land partition process.
Lots created as pa�t 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'/2 TIMES THE AVERAGE WIDTH, unless the
parcel is less than 1'/z times the minimum lot size of the applicable zoning district.
CODECHAPTERS
,
—x �8.330((ondioonal Use) I E.G2O(fgard Tnangle Design Standards) I H.165(oit-Saeet Parking/loading Requiremencs)
I 8.340(Director's Interyreauon) I H.63O(Wuhingtoa Square Ikgioaal(encer) I S.77S(knsiove l�nds Review)
I H.3SO(Planned DevelopmenQ � I H.�OS�Access/Egress/Grataoon) �8.T80(Signs)
I 8.360�site Derebpment Renew) I H.�I O(Accessory Residenu�l Units) I 8.185 R��u�r��a�
I 8.370(Yariances/Adjustmeno) I 8J I 5(oe�ury[ompotiuoos) I 8.190 Ra���yil�
I H.3EO(Zoning M�p/fext Amendments) I H.�ZO(Design Compatibiliry Standuds) � I H.19S�sual[leannce Areas)
18.385(Miscellmeous Permin) � I H.�ZS(Enrimnmental Perfornwice Standards) I H.797(Water Recources(WR)Orerlay Disvict)
� I H.39O(Deasion Malting Procedures/Impact SWdy) I H.�3O(Ezcepoons To Development Standards) I H.19H�rekss(ormiuniaoon Fi6libes)
I 8.4I O(Lot line Adjusoments) I H.74O(Historic Oredar) �� I H.E I O(Strcet 6 Uuliry Improvement Standuds)
I S.4ZO(land Puuuans) I H.�4�(Home Ocapaoon Permi�)
I 8.430�subdivisions) '-��' I 8.145�v�e���g a s�����g s�a�as�
� I H.S I O(Residen6�l ioning Distncts) I B.�SO(Manufacwred/Mobil Hane kgulaoons)
—_— �8.5�0((arunerti�l 2oning Dislric[s) -- �8.�55(Miced Sdid Wute/Reryding Staige)
-- - �8.530 Qndustri�l ionmg Districu) —. �8.�6�(Nonconforming Simioons)
CITY OF TIGARD Pre-Appliwtion Conference Notes Page 1 of 9
NON-Aesidm�i�l Appliation/Plinning Division kaion
ADOITIONAL CONCERNS OR COMMENTS:
PROCEDURE
Administrative Staff Review.
� Public hearing befo�e the Land Use Hearings Officer.
Public hearing before the Planning Commission.
Public hearing before the Planning Commission with the Commission making a
recommendation on the proposal to the City Council. An additional public hearing shall be
held by the City Council.
- ( ` APPLICATION SUBMITTAL PROCESS
� All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DNISION STAFF MEMBER of the
Community Development Department at Tigard City Hall offices. PLEASE NOTE: Applications
submitted by mail or dro�ped off at the counter without Planning Division acceptance may be
returned. The Planning counter closes at 4:00 PM.
Maps submitted with an a�plication shall be folded IN ADVANCE to 8.5 by 11 inches. One (11.
8'/2" x 11" map of a proposed project should be submitted for attachment to the staff report or
administrative decision. A�plication with unfolded maps shall not be accepted.
The Planning Division and Engineering Department will perform a preliminary review of the
application and will determine whether an application is complete within 30 days of the counter
submittal. Staff will notify the applicant if additior�al information or additional copies of the submitted
materials are required.
CITY OF TIGARD Pre-Application fonference Notes Page S ot 9
NON-Gaidenti�l Applariion/Plinninc Uirnion kction
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 p riod follows all I use decisions. An appeal on this matter
would be heard by the Tigard . A basic flow chart
which illustrates the review process is avai le from t e Planning Division upon request.
Land use applications requiring a public hearing must have notice posted on-site by the
applicant no less than 10 days prior to the public hearing.
This PRE-APPLICATION CONFERENCE AND THE NOTES OF THE CONFERENCE ARE
INTENDED TO INFORM the prospective applicant of the primary Community Development Code
requirements applicable to the potential development of a particular site and to allow the City staff
and prospective applicant to discuss the opportunities and constraints affecting development of the
site.
SUBDIYISION PLAT NAME RESERVATION [County Surueyor's Oifice: 503-648-88841
PRIOR TO SUBMITTING A SUBDIVISION LAND USE APPLICATION with the City of Tigard,
applicants are re uired to complete and file a subdivision plat naming request with the Washington
County Surveyor's Office in order to obtain approval/reservation for any subdivision name.
Applications will not be accepted as complete until the City receives the faxed confirmation of
approval from the County of the Subdivision Name Reservation.
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 City's policy is to a�plv those system
development credits to the first buildinc�permit issued in the development (UNLESS OTHERWISE
DIRECTED BY THE DEVELOPER AT THE TIME IN WHICH THE DEMOLITION PERMIT IS
OBTAINED).
PLEASE NOTE: The con(erence and notes cannot cover all Code requirements and aspects related to site planning that should
apply to the development of your site plan.. Failure of the staff to provide information required b.y the [ode shall not constitute a
waiver of the applicable standards or requirements. It is recommended that a prospective, applicant either obtain and read the
Communit Develo ment Code or ask an uestions of Ci staff relative to Code re uirements rior to submittin an a lication.
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 � �� `�' �%"' � �=w�
[ITY OF TIG D - PERSON NOLDING PRE-APP. MEETING
PHONE: (503) 639-4111 FAX: (503) 684-1297
E-MAIL (�caH's_fr�tname)C�ci.tigard.or.us
TITLE 18(CITY OF TIGARD'S(OMMUNITY DEYELOPMENT CODE)INTERNET ADDRESS: ci.tigard.or.us
H:lpatty\masters\Pre-App Notes Cammeraal.dac Updated: IS-Jan-2001
(Engineering section:preapp.eng)
fITY OF TIGARD Pre-Appliation Con(erence Notes Page 9 af 9
NON�Auidenuil Appliatioa/Plmoin�Dnuion kction
' -' �
CITY OF TIGARD .
LAND USE APPLICATION CHECKLIST
Please read this form carefully in conjunction with the notes provided to you at the pre-
application conference. This checklist identifies what is required for submittal of a complete land
use application. Once an application is deemed complete by Community Development staff, a
decision may be issued within 6-8 weeks.
If you have additional questions after reviewing all of the information provided to you, please contact
the staff person named below at the City of Tigard Planning Division, (503) 639-4171.
Staff: �' � � Date: ��� �/
.�
,
1. BASIC INFORMATION
A�L LAND USE APPLICATIONS REQUIRE THE FOLLOWING:
� Completed Application Form with property owner's signature or name of agent and letter of authorization
� Title transfer instrument or grant deed
� Written summary of proposal
� Narrative demonstrating compliance with all applicable development standards and approval criteria (as specified in
the Pre-Application Conference notes)
� Two (2) sets of stamped, addressed #10 envelopes for all owners of property within 500 feet of the subject property.
Mailing envelopes shall be standard legal-size (#10), addressed with 1" x 4" labels (see envelope submittal
requirements). Property owner mailing lists must be prepared by the City for a minimal fee (see request for 500'
property owner mailing list form).
� Documentary evidence of neighborhood meeting(if required)
� Impact Study per Section 18.390.040.6.2.(e)
� Copy of the Pre-Application Conference notes
� Filing Fee
2. PLANS REQUIRED
In addition to the above basic information, each type of land use application will require one or more of the following maps
or plans. PLEASE SUBMIT EACH OF THE PLANS CHECKED BELOW WITH YOUR APPLICATION (Section 5 of this
checklist provides details on what information to include on each plan):
� Vicinity Map `� Preliminary Grading/Erosion Control Plan
.,�- Existing Conditions Map � Preliminary Utilities Plan
❑ Subdivision Preliminary Plat Map ❑ Preliminary Storm Drainage Plan
❑ Preliminary Partition/Lot Line Adjustment Plan ❑ Tree Preservation/Mitigation Plan
❑ Site Development Plan ❑ Architectural Drawings
�J LandsGape Plan ❑ Sign Drawings
�— Public Improvements/Streets Plan
3. NUMBER OF COPIES REQUIRED
The City requires multiple copies of submittal materials. The number of copies required depends on e rype of review
process. FOR AN APPLICATION SUCH AS YOU AR�PROPOSING THE CITY REQUIRES :�G COPIES OF
AI I.qPPLICATION MATERIALS.
City of Tigard Land Use Application Checklist Page 1 of 5
4. SPECIAL STUDIES AND REPORTS
Because of the nature of your project and/or the site you propose to develop, THE FOLLOWING ADDITIONAL STUDIES
WILL BE REQUIRED. These studies must be prepared by certified professionals with experience in the appropriate field:
❑ Traffic Study
O Local Streets Traffic Study
❑ Wetlands/Stream Corridor Delineation and Report
❑ Habitat Area Evaluation
❑ Storm Drainage System Downstream Analysis
❑ Preliminary Sizing Calculations for Proposed Water Quality and/or Detention Facility
❑ Geotechnical Repo�t
❑ Other
5. PREPARING PLANS AND MAPS
Plans and maps should be prepared at an engineering scale (1" = 10/20/50/100/200') and include a north arrow, legend
and date. The same scale should be used for all your plans. Where possible the City prefers the use of a scale that
allows a site plan or subdivision plat to be shown on a single sheet. Architectural drawings may be prepared at an
architectural scale. One copy of each plan must be submitted in photo-ready 8%z x 11 format. THE FOLLOWING IS A
LIST OF REQUIRED INFORMATION FOR EACH TYPE OF PLAN (If the plans you submit do not include all of the
information requested because you feel it is not applicable, please indicate this and provide a brief explanation).
Vicinity Map
� Showing the location of the site in relation to:
• Adjacent properties ❑
• Surrounding street system including nearby intersections ❑
♦ Pedestrian ways and bikeways ❑
♦ Transit stops ❑
• Utility access ❑
Existing Conditions Map
� Parcel boundaries, dimensions and gross area ❑
� Contour lines (2' intervals for 0-10% slopes or 5'for slopes >10%) ❑
� Drainage patterns and courses on the site and on adjacent lands ❑
� Potential natural hazard areas including:
♦ Floodplain areas ❑
• Areas having a high seasonal water table within 24"of the surface for three or more weeks of the year ❑
• Slopes in excess of 25% ❑
• Unstable ground ❑
• Areas with severe soil erosion potential ❑
• Areas having severely weak foundation soils ❑
♦ Locations of resource areas including:
• Wildlife habitat areas identified in the Comprehensive Plan ❑
♦ Wetlands ❑
� Other site features:
• Rock outcroppings ❑
♦ Trees with >_6"caliper measured 4'from ground level ❑
� Location and type of noise sources ❑
� Locations of existing structures and their uses ❑
-. '��;,.:,:�s�:.:,��.,i�ti:� utilities and easements ; �
City of Tigard Land Use Application Checklist Page 2 of 5
__ . Y
TY` r . . ..' �
� Locations of existing dedicated right-of-ways �
Subdivision Preliminary Plat Map
� The proposed name of the subdivision �
� Vicinity map showing property's relationship to arterial and collector streets ❑
� Names., addresses and telephone numbers of the owner, developer, engineer sunreyor and designer(as appiicabie) ❑
� Scale, north arrow and date �
� Boundary lines of tract to be subdivided
� Names of adjacent subdivisions or names of recorded owners of adjoining parcels of un-subdivided land ❑
� Contour lines related to a City-established benchmark at 2' intervals for 0-10% grades and 5' intervals for
grades greater than 10% ❑
� The purpose, location, type and size of all of the following {within and adjacent to the proposed subdivision):
• Public and private right-of-ways and easements ❑
♦ Public and private sanitary and storm sewer lines ❑
♦ Domestic water mains including fire hydrants ❑
♦ Major power telephone transmission lines (50,000 volts or greater) ❑
• Watercourses �
♦ Deed reservations for parks, open spaces, pathways and other land encumbrances ❑
• The location of all trees with a diameter 6 inches or greater measured at 4 feet above ground level ❑
• The location of all structures and the present uses of the structures, and a statement of which structures
are to remain after platting ❑
� Supplemental information including:
• Proposed deed restrictions (if any) ❑
• A proposed plan for provision of subdivision improvements ❑
� Existing natural features including rock outcroppings,wetlands and marsh areas
� The proposed lot configurations, lot sizes and dimensions, and lot numbers. 11t/here lots are to be used for
purposes other than residential, it shall be indicated upon such lots ❑
� If any of the foregoing information cannot practicably be shown on the preliminary plat, it shall be incorporated
into a narrative and submitted with the application materials ❑
Preliminary Partition/Lot Line Adjustment Plan
� The owner of the subject parcel ❑
� The owner's authorized agent ❑
� The map scale, north arrow and date ❑
� Proposed property lines ❑
� Description of parcel location and boundaries ❑
� Contour lines (2' intervals for slopes 0-10%or 5'for slopes >10%) ❑
� Location, width and names of streets, easements and other public ways within and adjacent to the parcel ❑
� Location of all permanent buildings on and within 25'of all property lines ❑
� Location and width of all water courses ❑
� Location of any trees with 6"or greater caliper at 4'above ground level ❑
� All slopes greater than 25% ❑
� Location of existing and proposed utilities and utility easements ❑
� Any applicable deed restrictions ❑
� Evidence that land partition will not preclude e�cient future land division where applicable ❑
� Future street extension plan showing existing and potential street connections ❑
City of Tigard Land Use Application Checklist Page 3 of 5
Site Development Plan
� The proposed site and surrounding properties �
� Contour line intervals �
� The locations, dimensions and proposed names of the following: "
♦ Existing and platted streets and other public ways �
• Easements on the site and on adjoining properties �
• Proposed streets or other public ways and easements on the site �
♦ Alternative routes of dead-end or proposed streets that require future extensions �
� The locations and dimensions of the following:
♦ Entrances and exits on the site �
• Parking and circulation areas �
• Loading and service areas ❑
• Pedestrian and bicycle circulation ❑
♦ Outdoor common areas ❑
• Above ground utilities ❑
• Trash and recyclable material areas ❑
� The locations, dimensions and setback distances of the following:
♦ Existing permanent structures, improvements, utilities and easements which
are located on the site and on adjacent property within 25'of the site ❑
• Proposed structures, improvements, utilities and easements on the site ❑
• Sanitary sewer facilities ❑
♦ Existing or proposed sewer reimbursement agreements ❑
♦ Storm drainage facilities and analysis of downstream conditions ❑
� Locations and type(s)of outdoor lighting considering crime prevention techniques ❑
� The locations of the following:
♦ All areas to be landscaped ❑
♦ Mailboxes ❑
♦ Structures and their orientation ❑
Landscape Plan
� Location of trees to be removed ❑
� Location, size and species of existing plant materials ❑
� General location, size and species of proposed plan materials ❑
� Landscape narrative that addresses:
♦ Soil conditions and how plant selections were derived for them ❑
♦ Plans for soil treatment such as stockpiling the top soil ❑
♦ Erosion control measures that will be used ❑
� Location and description of the irrigation system where applicable ❑
� Location and size of fences, buffer areas and screening ❑
� Location of terraces, decks, shelters, play areas, and common open spaces ❑
Public Improvements/Streets Plan
� Proposed right-of-way locations and widths ❑
� A scaled cross-section of all proposed streets plus any reserve strips ❑
� Approximate centerline profiles showing the finished grade of all streets including street extensions for a
reasonable distance beyond the limits of the proposed subdivision ❑
City of Tigard Land Use Application Checklist Page 4 of 5
�
Grading/Erosion Control Plan
� The locations and extent to which grading will take place �
� � Existing and proposed contour lines �
� Slope ratios �
Utilities Plan
� Approximate plan and profiles of proposed sanitary and storm sewers with grades and pipe sizes indicated
on the plans �
� Plan of the proposed water distribution system, showing pipe sizes and the locations of valves and fire hydrants �
Preliminary Storm Drainage Plan
� The location of all areas subject to inundation or storm water overflow �
� Location,width and direction of flow of all water courses and drainageways ❑
� Location and estimated size of proposed storm drainage lines ❑
� Where applicable, location and estimated size and dimensions of proposed water quality/detention facility �
Tree Preservation/Mitigation Plan
� Identification of the location, size and species of all existing trees ❑
� Program to save existing trees or mitigate tree removal (Section 18.790.030) ❑
� A protection program defining standards and methods to be used during and after construction ❑
Architectural Drawings
� Floor plans indicating the square footage of all structures and their proposed use ❑
� Elevation drawings for each etevation of the structure ❑
Sign Drawings
� Specify proposed location, size and height ❑
i:1;curpl nlmasterslrevised\checklist.doc
5-Jun-00
City of Tigard Land Use Application Checklist Page 5 of 5
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