CUP1999-00001 �� ,
P � `�
120 DAYS = 1/12/2000 CITYOFTIGARD
Community Development
Shaptrg A Better Community
CITY OF TIGAR�
`Washirr�ton County, Oregon
NOTICE OF FINAL ORDER N0. 99-03PC BY TNE PLANNING COMMISSION
Case Number(s): CUP1999-00001/PDR1999-00002NAR1999-00024/MIS1999-00026
Case Name(s): SWAMI VISWA PREMANANDA TEMPLE ADDITION
Name of Owner(s): Brahmapremananda Ashrama
Name of Applicant: Swami Viswa Premananda .
Address of Applicant: 11515 SW Hall Boulevard
Address of Property: 11515 SW Hall Boulevard
Tax Ma s /Lot No s .: 1 S135DA, Tax Lots 1400 and 3503
Request: ➢ ON DECEMBER 6, 1999, THE PLANNING COMMISSION APPROVED THE REQUEST
FOR CONDITIONAL USE TO CONSTRUCT A TEMPLE AN
EXISTING ASHRAM (TEMPL
AD US MEN B TO �THE FRONTTYARDESETE ACK FOREA REL$GIOUSSFAOOMY HA�
PPROVED. THE REQUEST FOR A VARIANCE TO THE ACCESS WIDTfl
H
, ND CONCLUSIONS DESCRIBED IN FURTHER DETAIL WITHIN
THIS FINAL ORDER.
Zone: C-P; Professional Commercial.
Action: ➢ ❑ Approval as Requested � Approval with Conditions ❑ Denial
Notice: Notice was published in the newspaper, posted at City Hall and mailed to:
0 Owners of record within the required distance 0 Affected governmental agencies
� The affected Citizen Involvement Team Facilitator � The applicant and owner(s)
The adopted findings of fact, decision and statement of conditions can be obtained from the
Tigard Planning Division/Community Development Department at Tigard City Hall.
Final Decision:
THIS DECISION IS FINAL ON DECEMBER 13, 1999 AND BECOMES
EFFECTIVE ON DECEMBER 29, 1999 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 �n 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. Th� 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 3:30 PM ON DECEMBER 28, 1999.
Questions: If you have any questions, please call the City of Tigard Planning Division at (503) 639-4171.
� ' 120 DAYS = 1/12/2000
NOTICE OF FINAL ORDER N0. 99-03PC
BYTHE PLANNING COMMISSION CITYOFTIGARD
Community Deve(npment
FOR THE CITY OF TIGARD, OREGON S�p�&��tterCommurrity
A FINAL ORDER APPROVING A LAND USE APPLICATION FOR CONDITIONAL USE TO CONSTRUCT A
TEMPLE AND PLANNED DEVELOPMENT FOR EXPANSION OF THE EXISTING ASHRAM (TEMPLE) TO
ALLOW RESIDENTIAL USE OF TWO(2)BEDROOMS FOR THE RESIDENTS AND EIGHT(8)GUESTROOMS,
AS WELL AS, AN ADJUSTMENT TO THE FRONT YARD SETBACK FOR A RELIGIOUS FACILITY. THE
RE(�UEST FOR A VARIANCE TO THE ACCESS WIDTH HAS BEEN DENIED. THE COMMISSION HELD A
PUBLIC HEARING TO RECEIVE TESTIMONY ON THIS APPLICATION ON DECEMBER 6, 1999. THE
PLANNING COMMISSION HAS BASED THEIR DECISION ON THE FACTS, FINDINGS AND CONCLUSIONS
DESCRIBED IN FURTHER DETAIL WITHIN THIS FINAL ORDER.
SECTION I. APPLICATION SUMMARY
SWAMI VISWA PREMANANDA TEMPLE ADDITION
CASES: on itiona se ermit
Planned Development PDR 1999-00002
Variance VAR 1999-00024
Setback Adjustment MIS 1999-00026
APPLICANT/ Swami Viswa Premananda PLANNING Alpha Engineering
OWNERS: 11515 SW Hall Boulevard CONSULTANT: Mike Miller, Project Mgr.
Tigard, OR 97223 Plaza West, Suite 230
9600 SW Oak Street
Portland, OR 97223
PROPOSAL: The applicant has requested Conditional Use Approval to construct a
temple and Planned Development approval for expansion of the existing
Ashram (temple) to allow residential use of two (2) bedrooms for the
residents and eight (8) guestrooms. A Variance has been requested to
the access width, as we(i as an Adjustment to the front yard setback for a
religious facility has been requested.
LOCATION: The subject site is located at 11515 SW Hall Boulevard. The properties
are also identified as WCTM 1 S135DA, Tax Lots 1400 and 3503.
COMPREHENSIVE
PLAN and
ZONING
DESIGNATION: C-P; Professional Commercial.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.330, 18.350, 18.370, 18.390,
18.510, 1$.530, 18.705, 18.745, 18.765, 18.775, 18.790, 18.795 and
18.810.
SECTION II. PLANNING COMMISSION'S DECISION
The Planning Commission finds that the proposed development meets the applicable
approval criteria of the Tigard Community Development Code and that the proposal will not
adversely affect the health, safety and welfare of the City. The Planning Commission,
therefore, APPROVES the requested Land Use Applications with the exception of the
Variance, subject to the following recommended conditions of approval:
SWAMI VISWA PREMANANDA TEMPLE ADDITION PAGE 1 OF 23
CUP1999-00001/PDR1999-00002NAR1999-00024/MIS1999-00026 PLANNING COMMISSION FINAL ORDER NO.99-03PC
CONDITIONS OF APPROVAL �
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO FINAL SITE �
INSPECTION: (Unless otherwise noted, the Staff contact shall be
BRIAN RAGER, Engineering Department 503-639-4171.)
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF THE
SITE AND/OR BUILDING PERMITS:
Planninq Conditions: �
1. Submit a detail of the bicycle rack.
2. Submit a revised plan that shows three (3 additional bicycle parking spaces will be
provided.
3. Submit a revised plan that shows a clearly marked walkway across the access
drive/parking lot connecting the existing sidewalk and the proposed sidewalk.
4. Submit a revised plan that shows the 5 proposed parking spaces deleted from the site
plan OR the access drive must be widened to provide, at minimum, a 40-foot
pavement width. The revised plan must show at least one (1) van accessible handicap
space will be provided that includes a 9-foot-wide space with an 8-foot-wide aisle in front
of the proposed development.
5. Submit a floor plan that shows the total area dedicated for living facilities (guestrooms
and resident's rooms) will be less than 3,460 square feet.
6. Submit a lighting plan indicating the location and intensity of the lighting to be
provided. The applicant shall submit details of the lighting plan indicating that the light
will be directed away from residential properties.
7. Hours of operation shall be limited to prohibit worship services from being held before
6:00 PM, Mondays through Fridays with the exception of legal holidays.
8. Submit a revised plan the clearly states the site size, the amount of impervious surface
and the amount of landscaped area on the subject site alone.
9. Submit a revised plan showing setback dimensions that scales accurately.
Enqineerinq Conditions:
10. Prior to issuance of a site and/or building permit, the applicant shall pay an addressing
fee in the amount of $30.
11. Additional right-of-way (ROW) shall be conveyed to the State of Oregon, by and through
its Department of Transportation, Highway Division, along the frontage of SW Hall
Boulevard to increase the right-of-way to 45 feet from centerline. The description shall
be tied to the existing right-of-way centerline. Verification that the conveyance has been
submitted to the State shall be provided to the City Engineering Department. (For
additional information, contact Rick Reeves, Oregon Department of Transportation,
right-of-way Section, 123 NW Flanders, Portland, OR 97209-4037; Phone: 731-8461).
12. The applicant's construction plans shall indicate that they will provide an on-site water
detention facility designed to meet Unified Sewerage Agency (USA) Design Standards.
SWAMI VISWA PREMANANDA TEMPLE ADDITION PAGE 2 OF 23
CUP1999-00001/PDR1999-00002NAR1999-00024/MIS1999-00026 PLANNING COMMISSION FINAL ORDER NO.99-03PC
' � 13.� The applicant shall Nrovide an on-site water quality fac;��ity as required by Unified
Sewerage Agency Design and Construction Standards (adopted by Resolution and
Order No. 96-44). Final plans and calculations shall be submitted to the Engineering
Department (Brian Rager) for review and approval prior to issuance of the building
permit. In addition, a proposed maintenance plan shall be submitted along with the
plans and calculations for review and approval.
14. The applicant shall either place the existing overhead utility lines along SW Hall
Boulevard underground as a part of this project, or they shall pay the fee in-lieu of
undergrounding. The fee shall be calculated by the frontage of the site that is parallel to
the utility lines and will be $27.50 per lineal foot. If the fee option is chosen, the amount
will be $880 and it shall be paid prior to issuance of a site and/or building permit.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO A FINAL BUILDING INSPECTION:
Enqineerinq Conditions:
15. To ensure compliance with Unified Sewerage Agency Design and Construction
Standards, the applicant shall employ the design engineer responsible for the design
and specifications of the private water quality facility to perform construction and visual
observation of the water quality facility for compliance with the design and
specifications. These inspections shall be made at significant stages, and at
completion of the construction. Prior to final building inspection, the design engineer
shall provide the City of Tigard (Inspection Supervisor) with written confirmation that
the water quality facility is in compliance with the design and specifications. Staff
Contact: Hap Watkins, Building Division.
Planning Condition:
16. Construct all improvements as shown on the approved plans. Any modifications to
plans must be approved by the Planning Division PRIOR to the modification.
FAILURE TO SATISFY THE CONDITIONS OF APPROVAL WITHIN 18 MONTHS
OF THE EFFECTIVE DATE OF THE PLANNING COMMISSION'S DECISION
SHALL RENDER THE PLANNING COMMISSION'S DECISION VOID.
SECTION III. BACKGROUND INFORMATION
Site Historv:
Staff conducted a computer search for case history on the subject parcels. None of the
parcels had previous land use applications on file. The site has a shared parking agreement
with the office complex to the north (Hall Corporate Center). When this office was
constructed (SDR97-00014NAR97-0008), parking spaces were constructed on the subject
site as well and a variance was approved for access width to allow 117 parking spaces from
one, 30-foot-wide access drive (97 from the shared parking for Hall Corporate Center and
Ashram site and 20 from the daycare site).
Vicinity Information:
The site is bordered north and east by property zoned C-P and are currently developed with
an office complex and a daycare center. The property to the south is zoned R-12 and
developed with an apartment complex and the property to the west is zoned R-4.5 and
developed with single-family residences.
SWAMI VISWA PREMANANDA TEMPLE ADDITION PAGE 3 OF 23
CUP1999-00001/PDR1999-00002NAR1999-00024/MIS1999-00026 PLANNING COMMISSION FINAL ORDER NO.99-03PC
Site Information and Proqosal Description:
The Site is currently developed with a residential house. The proposal is to continue to use
the existing residence as an Ashram (residential dormitory for Monks) and expand it for a
total of 4,840 square feet to allow for 2 full-time residents bedrooms and 8 guestrooms. The
proposal also involves the construction of a 9,000 square foot temple. The applicant is
requesting Variance approval to allow additional parking spaces to be constructed off of a
driveway that is already not in conformance with the required dimensions. They are also
requesting an Adjustment to the front yard setback for a religious facility.
SECTION IV. DECISION MAKING PROCEDURES, PERMITS AND USE:
Use Classification: Section 18.130.020
is s e se ategories.
The applicant is proposing to build a Temple (Religious Institution) and Ashram (Residential
Dormitory Use�. The Religious Institution is a Conditional Use in the C-P zone and the
residential use is not allowed unless it is part of a planned development.
Summar Land Use Permits: Chapter 18.310
e ines e ecision-ma ing type to which the land-use application is assigned.
The adjustment to the front yard setback is a Type I administrative decision. The
Variance is a Ty�e II administrative decision. The proposed use (Religious Institution)
rec�uires a Conditional Use permit which is a Type Ifl-HO decision. The requested living
facilities (residential use) requires a planned development which is a Type III-PC
decision. When applications are heard concurrently, the highest review authority hears
all applications, therefore, all aspects of this application will be reviewed by the
Planning Commission.
Decision Makin Procedures: Chapter 18.390
escri es e ecision-ma ing procedures.
Type III-PC procedures apply to quasi-judicial permits and actions that predominantly contain
discretionary approval criteria. Type III-PC actions are decided by the Planning Commission
with appeals to or review by the City Council.
SECTION V. NEIGHBORHOOD COMMENTS
No comments were received from surrounding property owners.
SECTION VI. 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
enera pp rova riteria
Additional Conditions of Approval)
B. lanned Develo ment Standards
rocess
Specific Planned Development Criteria
C. A licable Develo ment Code Standards
. ariances an �us men s
18.705 (Access, Egress & Circulation)
18.745 Landscaping and Screening)
18.765 Off-Street Parking and Loading Requirements)
18.790 Tree Removal)
18.795 (Visual Clearance)
18.810 (Street and Utiliry Improvement Standards)
D. Additional Planned Development Criteria
SWAMI VISWA PREMANANDA TEMPLE ADDITION PAGE 4 OF 23
CUP1999-00001/PDR1999-00002NAR1999-00024/MIS1999-00026 PLANNING COMMISSION FINAL ORDER NO.99-03PC
SECTION VII. APPLICABLE REVIEW CRITERIA AND FINDINGS
Impact Study:
Section 18.390.040.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 study shall propose improvements necessary to
meet City standards, and to minimize the impact of the development on the public at
large, public facilities systems, and affected private property users.
In situations where the Community Development Code requires the dedication of real
propertx interests, the applicant shall either specifically concur with a requirement for
public right-of-way dedicat�on, or provide evidence that suppurts that the real property
dedication is not roughly proportional to the projected impacts of the development.
Any required street improvements to certain collector or higher volume streets and the
Washington County Traffic Impact Fee (TIF) are mitigation measures that are required at the
time of development. Based on a transportation impact study prepared by Mr. David Larson
for the A-Boy Expansion/Dolan II/Resolution 95-61, TIF's are expected to recapture 32
percent of the traffic impact of new development on the Collector and Arterial Street system.
' The applicant is being required to dedicate right-of-way to allow an ultimate right-of-way width
of 45 feet (approximately 20 feet of right-of-way). The Engineering Department has
estimated the right-of-way acquisition to be approximately $3 per square foot. It is estimated,
therefore, that the value of land being dedicated is $1,920. Upon completion of this
development, the applicant will be required to pay TIF's of approximately $12,461. Based on
the estimate that total TIF fees cover 32 percent of the impact on ma�or street improvements
citywide, a fee that would cover 100 percent of this proJects traffic impact is $38,940
($12,461 divided by. .32). The difference between the TIF paid and the full impact, is
considered an unmitigated impact. Since the TIF paid is $12,461, the unmitigated impact
can be valued at $26,479. Given the estimated cost of the half-street improvement and the
unmitigated impact, the dedication requirement meets the rough proportionality test related to
the impact of the development.
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 im pacts on surrounding land
uses and public facilities require a case-by-case review and analysis.
Section 18.330.020.A states that a request for approval for a new conditional use shall
be processed as a Type III-HO procedure, as regulated by Chapter 18.390.050, using
apProval criteria contained in Section 18.330.030A and subject to other requirements
in Chapter 18.330.
The applicable review criteria in this case include the following chapters of the Community
Development Code: 18.330, Conditional Use; 18.350, Planned Development; 18.370,
Variances and AdJ'ustments; 18.390 Decision Making Procedures;18.520, Commercial Zoning
Districts, 18.530, 18.705, Access, Egress and Circulation; 18.745, Landscaping and Screening;
18.765, Off-Street Parking; 18.790, Tree Removal; 18.795, Visual Clearance Areas; and
18.810, Street and Utilify Improvement Standards. The development standards and
requirements of these chapters are addressed below.
The proposal contains no elements related to the provisions of the followin� chapters:
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; 18.775, Sensitive Lands; 18.780, Temporary Uses;
18.797, Water Resources Overlay District; and 18.798, Wireless Communications Facilities.
These chapters are, therefore, found to be inapplicable as approval standards.
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CUP1999-00001/PDR1999-00002NAR1999-00024/MIS1999-00026 PLANNING COMMISSION FINAL ORDER NO.99-03PC
i
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 existing site size is 2.25 acres. This report evaluates the proposal and necessary
setbacks, landscaping, etc. and as conditioned, the site size is adequate for the needs of the
proposed expansion.
The characteristics of the site are suitable for the proposed use considering size, shape,
location, topography, and natural features;
The site is relatively flat. There are trees on the site, but the development has been situated in
such a way as to preserve the existing trees.
All required public facilities have adequate capacity to serve the proposal; and
All public facilities including streets, storm and sanitary sewers, and water have adequate
capacity to serve the site as discussed in detail elsewhere in this report.
The applicable requirements of the zoning district are met except as modified by this
chapter.
The following table provides the dimensional standards in the C-P zone, the additional
dimensional requirements and approval standards for Religious Institutions specified The
Conditional Use Standards Section 18.330.050.6.16 and the dimensions proposed for this
development.
STANDARD C-P CONDITIONAL USE PROPOSED
REQUIREMENT
Minimum Lot Size 6,000 sq.ft. 20,000 sq.ft 104,301 sq.ft
Minimum Lot Width 50 ft. SAME AS C-P 190'approx.[3]
Minimum Setbacks
O ft. 25 ft 20 ft."`
- Front yard
- Side facing street on comer&through lots --- 20 ft N/A
- Side yard
0/20 ft[1�. 20 ft 20 ft"'
- Rear yard
- Side of rear yard abutting more restrictive zoning district 0/20 ft[1]. 20 ft 55 ft"'
- Distance between property line and garage entrance
Maximum Height 45 ft. SAME AS C-P 23 ft.approx.[3]
Maximum Site Coverage[2] 85% SAME AS C-P 36% approx.[3]
Minimum Landscape Requirement 15°/a SAME AS C-P 64% approx.[3]
[1] No setback shall be required except 20 feet shall be required where the zone abuts a residential zoning district
(2� Includes all buildings and impervious surfaces.
[3] Approximate figures are provided where the applicanYs information is not clear or accuracy is questioned. In these instances, more
discussion and detail is provided further in this report.
"'" Dimensions specified on plans. Upon scaling, however,distances appear to be less. This is discussed in more detail
further in this report.
As identified in the table above, the applicanYs plans show that the dimensional standa�ds for
the base zone are met. The applicant is requesting an adjustment to the front yard setback
dimensions required in the Conditional Use standards. This is discussed further in this
report. The applicanYs plans do not provide enough clear information for staff to state
exactly what the dimensions are because the applicant has included dimensions for the
SWAMI VISWA PREMANANDA TEMPLE ADDITION PAGE 6 OF 23
CUP1999-00001/PDR1999-00002NAR1999-00024/MIS1999-00026 PLANNING COMMISSION FINAL ORDER NO.99-03PC
office park to the north, however, the difference between the approximate amount and the
required amount is so great that staff feels confident the standards are met. A condition of
approval should be imposed, however, that requires the applicant to submit detailed
information on the size of the site (in square feet), the impervious surface on the site and the
landscaped area for the site. In addition, the setback dimensions are also in question
because they do not scale off to the dimensions shown.
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.
Other applicable standards of the development code are discussed later in this report.
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, staff can not make a final determination that the
General Approval Criteria for a Conditional Use are satisfied. If the applicant
complies with the following conditions, staff can find that the standards are met or
will be addressed further in this report and conditioned if necessary.
CONDITIONS:
• Submit a revised plan the clearly states the site size, the amount of
impervious surface and the amount of landscaped area on the subject site
alone.
. Submit a revised plan showing setback dimensions that scales accurately.
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 nece5sary 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;
Due to the nature of the use, it is anticipated that the majority of activity will take place on the
weekends. However, given that the use shares an access and parking with an office
complex, it is recommended to limit the hours of worship to after 6:00 PM Mondays through
Fridays with the exception of legal holidays. It is acknowledged that some activities
associated with a religious institution may take place during the workweek, however, it is �
important that formal worship services be scheduled with consideration of surrounding uses,
and traffic and parking demands.
Requiring design features which minimize environmental impacts such as noise,
vibration, air pollution, glare, odor and/or dust;
There will be no noise, vibration, air pollution, glare, odor and/or dust associated with this use
above and beyond what is found in an office type use which is permitted in the underlying
zone. In any event, the applicant has proposed buffering and screening between the
adjacent residential uses.
Requiring additional setback areas, lot area, and/or lot depth or width;
Staff feels the existing buffer requirements, as discussed further in this report, are adequate.
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. CUP1999-00001/PDR1999-00002NAR1999-00024/MIS1999-00026 PLANNING COMMISSION FINAL ORDER NO.99-03PC
Limiting the building height, size or lot coverage, and/or location on the site;
Based on the plans submitted, the structures will comply with the height requirements and lot
coverage requirements. The location is in accordance with the setbacks, provided the
adjustment request is approved. Because of this, staff does not feel an additional condition
is necessary.
Designating the size, number, location and/or design of vehicle access points;
Staff does not feel a condition is necessary for this criteria since, as discussed further in this
report, vehicle access is already limited.
Requiring street right-of-way to be dedicated and street(s) to be improved;
The applicant has approximately 32 feet of frontage on SW Hall Boulevard. The right-of-way
is not to the required width of 45 feet from centerline, therefore, the applicant will be required
to dedicate additional right-of-way. This is discussed further under Street Utility and
Improvement Standards.
Requiring landscaping, screening, drainage and/or surfacing of. parking and loading
areas;
The majority of parking is existing. The applicant has proposed to construct 5 additional
parking spaces, however, the buildings will be located between any new parking and the
adjacent residential areas. The ability to provide additional parking is discussed in detail
under the Variance discussion section.
Limiting the number, size, location, height and/or lighting of signs;
Signs have not been indicated as proposed, however, compliance with the sign requirements
for the underlying zone should be sufficient in the event that signs are desired.
Limiting or setting standards for the location and/or intensity of outdoor lighting;
The applicant has not provided a lighting plan. Because of this, a condition is warranted
requiring the applicant to submit a lighting plan indicating the location and intensity of the
lighting to be provided. The applicant will be required to submit details of the lighting plan
indicating that the light will be directed away from residential properties.
Requiring berms, screening or landscaping and the establishment of standards for
their installation and maintenance;
Buffering and screening is discussed further in this report. Because the use proposed is no
more intensive than other uses permitted in this zone, staff does not feel that additional
screening, above and beyond what is already required, is necessary.
Requiring and designating the size, height, location and/or materials for fences;
No fences are proposed.
Requiring the protection and preservation of existing trees, soils, vegetation,
watercourses, habitat areas and/or drainage areas;
No trees will be removed as a result of this proposal and there are no watercourses, habitat
areas or drainage areas on the site.
Requiring the dedication of sufficient open land area for a greenway adjoining and
within the floodplain when land form alterations and development are allowed within
the 100-year floodplain; and
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CUP1999-00001/PDR1999-00002NAR1999-00024/MIS1999-00026 PLANNING COMMISSION FINAL ORDER NO.99-03PC
This development is not adjacent to the 100-year floodplain, therefore, a condition is not
necessary.
Requiring the construction of a pedestrian/bicycle pathway within the floodplain in
accordance with the adopted pedestrian/bicycle pathway plan.
This development is not adjacent to the 100-year floodplain, therefore, a condition is not
necessary.
FINDING: Based on the analysis above, staff finds the following conditions are warranted by
this Conditional Use approval: All other conditions listed are not necessary or will
be addressed elsewhere m this report.
CONDITIONS:
. Submit a lighting plan indicating the location and intensity of the lighting to be
�rovided. The applicant shall submit details of the lighting plan indicating that
he light will be directed away from residential properties.
. Hours of operation shall be limited to prohibit worship services from being held
before 6:00 PM, Mondays through Fridays with the exception of legal holidays.
B. PLANNED DEVELOPMENT APPROVAL CRITERIA
Planned Development (18.350):
ap er � a ows e option for an applicant to create a more efficient,
economically viable development that preserves natural land features while
implementin� the land use designation set forth for the property though the .
Comprehensive Plan.
Section 18.350.020.B states that the Planned Development Review is a three (3)-step
process, as follows:
1. The approval of the planned development overlay zone;
2. The approval of the Planned development concept plan; and
3. The approval of the Detailed Development Plan.
The applicant has requested that this application be for Planned Development Overlay
Designation, Conceptual Planned Development and Detailed Planned Development approval
to comply with all three steps in the PD process.
FINDING: Because this proposal requested all three steps and this report evaluates the
proposal for compliance with all standards required to be evaluated, this standard
has been met.
Allowed Uses:
ec ion . .060.6 states that in all commercial zones, an applicant with a planned
development approval may develop the site to contain all of the uses permitted
outright in the underlying zone and, in addition, a maximum of 25% of the total gross
floor area may be used for multi-family dwellings in those commercial zones that do
not list multi-family dwellings as an outright use.
The total square footage for all structures will be 13,840 square feet, therefore, only 3,460
square feet is permitted to be used for living areas. The floor plan shown for the Ashram has
several areas dedicated for worship, yoga and other group facilities. The applicant has not
provided enough detail for staff to confirm that the total living area (guestrooms) will be less
than 3,460 square feet.
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FINDING: Because the applicant has not provided enough detail for staff to confirm'that
the total living area (guest rooms) will be less than 3,460 square feet, this
standard has not been met. If the applicant submits a floor plan that shows the
total area dedicated for living facilities (guest rooms and resident's rooms) will
be less than 3,460 square feet, this standard will be met.
CONDITION:Submit a floor plan that shows the total area dedicated for living facilities (guest
rooms and resident's rooms) will be less than 3,460 square feet.
Specific Planned Development Approval Criteria.
The Commission shall make findings that the following criteria are satisfied when
approving or approving with conditions, the concept plan. The Commission shall
make findings that the criteria are not satisfied when denying an application.
All the provisions of the land division provisions, Chapters 18.410, 18.420 and 18.430,
shall be met;
This proposal does not involve a division of land, therefore, this standard does not apply.
Except as noted, the provisions of the following chapters shall be utilized as
guidelines. A planned development need not meet these requirements where a
development plan provides alternative designs and methods, if acceptable to the
Commission, that promote the purpose of this section. In each case, the applicant
must provide findings to justify the modification of the standards in the chapters listed
in Subsection 3 below. The developer may choose to provide or the commission may
require additional open space dedication and/or provision of additional amenities,
landscaping or tree planting. Chapter 18.730, Exceptions to Development Standards;
Chapter 18.795, Visual Clearance Areas; Chapter 18.745, Landscaping and Screening;
Chapter 18.765, Off-street Parking and Loading Requirements; Chapter 18.705,
Access, Egress and Circulation; and Chapter 18.780, Signs.
Compliance with this standard is discussed, and conditioned as necessary in the following
section: APPLICABLE DEVELOPMENT CODE STANDARDS.
C. APPLICABLE DEVELOPMENT CODE STANDARDS
Variances and Adiustments (18.370)
Variance to the access width:
The Director may approve, approve with conditions, or deny a request for an
adjustment from the access requirements contained in Chapter 18.705, based on the
following criteria:
It is not possible to share access;
The applicant has requested Variance approval to allow the construction of 5 additional
parking spaces to take access off of an existing 30-foot-wide driveway that serves over 100
vehicles. The Code requires that when more than 99 parking spaces are provided, two,
30-foot-wide access drives or one, 50-foot-wide access drive must be provided. When the
adjacent office complex (Hall Corporate Center) was constructed, a Variance was approved
to the access width. Parking spaces were constructed on the subject site and a joint parking
agreement signed to share parking between this site and the Hall Corporate Center with that
previous approval. At that time, the property to the north was owned by a separate
individual. The property to the north of the access drive is now owned by owners of the Hall
Corporate Center. The applicant has indicated that it is not possible to share an access
because the property owner to the north has not agreed to allow additional land to be
dedicated for the additional access width. Staff does not agree with this because the Hall
Corporate Center has recently submitted an application to construct a parking lot on the
property to the north of the access drive. While their proposal does not involve increasing
the access width, staff has informed them that a variance will not be approved and additional
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� parking spaces will not be permitted unless the required widt�� �s provided. Because the
property to the north will be required to provide the additional access width in order to
develop their parking lot, staff can not state that this request does not need to comply with
the same standards.
There are no other alternative access points on the street in question or from another
street;
Because all the surrounding property is developed, there are no alternative access points to
the site.
The access separation requirements cannot be met;
This standard does not apply because the requested variance does not involve access
separation.
The request is the minimum adjustment required to provide adequate access;
The applicant has access to parking via existing spaces on-site and the shared parking with
the Hall Corporate Center. The existing parking is sufficient to serve the proposed use,
therefore, adding 5 additional parking spaces is not necessary.
The approved access or access approved with conditions will result in a safe access;
and
Staff does not feel that allowing additional parking spaces to be added to an access drive
that is already narrower than the Code allows is safe. Part of the reasoning for multiple or
wider access drives is to provide access for emergency vehicles. Because the applicant is
only proposing 5 additional parking spaces, and with the shared parking there is already
sufficient parking to serve the proposed use, staff does not feel that it is necessary to make a
bad situation any worse.
The visual clearance requirements of Chapter 18.795 will be met.
The visual clearance standards will continue to be met.
FINDING: Based on the analysis above, staff finds that the variance criteria have not been
met. In order to find that the proposal can be approved without the variance,
the applicant must submit a revised plan that shows the 5 proposed parking
spaces deleted from the site plan OR the access drive must be widened to
provide, at minimum, a 40-foot pavement width.
CONDITION:Submit a revised plan that shows the 5 proposed parking spaces deleted from
the site plan OR the access drive must be widened to provide, at minimum, a
40-foot pavement width.
Adjustment to the Front Yard Setback:
Up to a 25% reduction of the dimensional standards for the front yard setback required
in the base zone may be approved by means of a Type I procedure, as governed by
Section 18.390.030, using approval criteria contained in Subsection 62 below:
A demonstration that the adjustment requested is the least required to achieve the
desired affect; The adjustment will result in the preservation of trees, if trees are
present in the development area; The adjustment will not impede adequate emergency
access to the site; There is not a reasonable alternative to the adjustment which
achieves the desired affect.
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The applicant has requested an Adjustment to the front yard setback required for a
Conditional Use. The Conditional Use standards require a 25-foot setback for Religious
Institutions, whereas, the applicant has requested the setback be 20 feet. The front yard
setback is adjacent to the existing daycare which is zoned C-P as well. It makes sense to
allow this adjustment given that the setback will not be detrimental to another persons
privacy or property rights. The reduced setback will not impede adequate emergency access
to the site. Staff feels that, given that this is being reviewed as part of a Planned
Development which allows flexibility, and that the adjacent property is zoned and developed
commercial, that this Adjustment is reasonable and should be approved. �
FINDING: Based on the analysis above, staff finds that the front yard setback adjustment
is acceptable.
Access, Eqress and Circulation:
Walkways:
On-site pedestrian walkways shall comply with the following standards: Walkways
shall extend from the ground floor entrances or from the ground floor landing of stairs,
ramps, or elevators of all commercial, institutional, and industrial uses, to the streets
which provide the required access and egress. Walkways shall provide convenient
connections between buildings in multi-building commercial, institutional, and
industrial complexes. Unless impractical, walkways shall be constructed between
new and existing developments and neighboring developments;
There is an existing walkway along the access drive and there is a walkway proposed from
the parking lots to the proposed structures. There is not; however, a clearly marked
connection between the 2 walkways across the parking lot. A condition is necessary to
insure that this is provided.
Wherever required walkways cross vehicle access driveways or parking lots, such
crossings shall be designed and located for pedestrian safety. Required walkways
shall be physically separated from motor vehicle traffic and parking by either a
minimum 6-inch vertical separation (curbed) or a minimum 3-foot horizontal
separation, except that pedestrian crossings of traffic aisles are permitted for
distances no greater than 36 feet if appropriate landscaping, pavement markings, or
contrasting pavement materials are used. Walkways shall be a minimum of four feet in
width, exclusive of vehicle overhangs and obstructions such as mailboxes, benches,
bicycle racks, and sign posts, and shall be in compliance with ADA standards; and
The applicant, as conditioned above, will be required to provide a clearly marked walkway
across the parking lot to connect the existing and proposed walkway. By complying with this
condition, this standard will be satisfied.
Required walkways shall be paved with hard surfaced materials such as concrete,
asphalt, stone, brick, etc. Walkways may be required to be lighted and/or signed as
needed for safety purposes. Soft-surfaced public use pathways may be provided only
if such pathways are provided in addition to required pathways.
The plans indicate that the proposed walkway will be concrete.
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 100 parking spaces is one 50-foot-wide access with a
40-foot pavement width or two 30-foat-wide access points with 24 feet of pavement.
Vehicular access shall be provided to commercial or industrial uses, 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.
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The'access is only 30 feet and serves over 100 cars. This was approved by a Variance as part
of a previous application. The applicant has requested a Variance to allow more parking off of
this driveway. As discussed, staff has recommended against this request.
Director's Authority to Restrict Access:
Section 18.705.030.K states that in order to eliminate the need to use public streets for
movements between commercial and industrial properties, parking areas shall be
designed to connect with parking areas on adjacent properties unless not feasible. The
Director shall require access easements between properties where necessary to provide
for parking area connections.
The site already has shared parking and access, therefore, this standard is satisfied.
FINDING: Based on the analysis above, staff finds that the access and egress standards
are not satisfied, however, if the applicant complies with the condition below, this
standard will be met.
CONDITION: Submit a revised plan that shows a clearly marked walkway across the access
drive/parking lot connecting the existing sidewalk and the proposed sidewalk.
Landscapinq and Screeninq — Chapter 18.745:
Street trees: Section 1$.745.040 states that all development projects fronting on a
public street shall be required to plant street trees in accordance with Section
18.745.040.0 Section 18.745.040.0 required that street trees be spaced between 20
and 40 feet apart depending on the size classification of the tree at maturity (small,
medium or large).
The property has no street frontage other than the access drive, therefore, this standard can
not be applied.
Land Use Buffering and Screening:
Section 18.745.080 requires that at a minimum the buffer between a proposed
Commercial use and residential use must contain a 10-20 foot buffer with trees,
lawn/groundcover, shrubs, and screening.
The property to the west is zoned and developed with existing single-family residential homes.
The applicant must, therefore, provide for a buffer based on the matrix in Table 18.745.2. The
applicanYs plans show the building will be set back 55 feet from the western property line and
landscaping is provided with a laurel hedge, cedar trees and lawn, which provides the most
stringent screening option (Level F).
Screening - Special Provisions:
Section 18.745.050.E requires the screening 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) parking spaces in order to provide a canopy 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 majority of the parking is existing. The applicant has proposed 5 additional parking spaces
which, if the access drive is widened and the spaces are permitted, will have the required
screening.
FINDING: Based on the analysis above, the landscaping and screening standards have
been fully met.
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Off-Street Parkinq and Loading (18.765):
Disabled-Accessible 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.
The majority of parking is existing and the proposed parking spaces, which were intended to
be ADA accessible, are not approved unless the access drive is widened. The applicant
must, however, provide for ADA accessible spaces to the new structures. The amount of
spaces required is based on the number of spaces on this site alone (22 spaces), therefore,
one (1) additional ADA space is needed.
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 access drive to the site is existing. As discussed previously, the dimensions are non-
conforming based on the number of parking spaces. Provided they do not increase the
parking spaces already approved, the driveway dimension is acceptable as it has been
approved by a previous Variance.
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 clearly 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 parking lot is existing and parking spaces are clearly marked, therefore, this standard is
satisfied.
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.
The existing parking area has curbs along the perimeter. There is bark dust adjacent to the
parking area that meets the low lying landscape requirement, therefore, this standard is
satisfied.
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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' x 18.5' for
a standard space and 7.5' x 16.5' for a compact space; aisles accommodating two
direction traffic, or allowing access from both ends, shall be 24 feet in width.
The parking spaces are existing, therefore, this standard does not apply.
Bicycle Parking Location and Access:
Section 18.765.050 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 aisles, landscape areas or pedestrian ways; outdoor bicycle parking
shall be visible from on-site buildings and/or the street. VlOhen 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.
The proposed bicycle rack is within 50 feet of the entrance Ashram and is not located in
parking aisles, landscape areas or pedestrian ways.
Bicycle Parking Design Requirements:
Section 18.765.050.C. The following design requirements apply to the installation of
bicycle racks: The racks required for required bicycle parking spaces shall ensure
that bicycles may be securely locked to them without undue inconvenience. Provision
of bicycle lockers for long-term (employee) parking is encouraged but not required;
bicycle racks must be securely anchored to the ground, wall 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 shall
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 required
motor vehicle 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 drained.
The applicant has not provided detail of the 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 specified in Table
18.768.2 in Section 18.765.070.H. In no case shall there be less than two bicycle
parking spaces.
Table 18.768.2 states that for Religious Institutions, one (1) bicycle parking space is required
for every 20 seats in the main assembly area. The applicant has indicated that there will be up
to 178 chairs in the main assembly, therefore, nine (9) bicycle parking spaces are required.
The applicant has indicated that six (6) bicycle parking spaces will be provided. The applicant
must revise the plan to provide three (3) additional bicycle parking spaces.
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.
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Table 18.765.2 states that the minimum parking for a Religious Institution is one (1) space for
every two (2) seats. Because up to 178 seats will be provided in the main assembly area, 89
parking spaces are required. There are 22 parking spaces in this site and 74 on the adjacent
site with which the applicant has a shared parking agreement. Because the total number of
spaces available is 96 and the uses are compatible in that the peak hours do not overlap, this
standard has been satisfied. In addition, a condition recommended as part of the Conditional
Use approval will insure that no worship services are scheduled during the "normal" office
hours.
FINDING: Based on the analysis above, the off-street parking and loading standards have
been met.
CONDITIONS:
. Submit a revised plan that shows one (1) van accessible handicap space will
be provided that includes a 9-foot-wide space with an 8-foot-wide aisle in front
of the proposed development.
. Submit a detail of the bicycle rack.
. Submit a revised plan that shows three (3) additional bicycle parking spaces
will be provided.
Tree Removal — Chapter 18.790
Section 18.790.030 requires that a tree plan for the planting, removal and protection of
trees prepared by a certified arborist be provided for a conditional use application.
The tree plan shall include identification of all existing trees, Identification of a
program to save existing trees or mitigate tree removal over 12 inches in caliper,
identification of which trees are proposed to be removed, and a protection program
defining standards and methods that will be used by the applicant to protect trees
during and after construction.
The applicant's plans do not show any trees will be removed, therefore, this standard does
not apply.
FINDING: Because the applicant has not proposed to remove and trees, this standard has
been met.
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, 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, therefore, this standard
is satisfied.
FINDING: Based on the analysis above, the standards of Chapter 18.795, Visual
Clearance Areas have been met.
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Street And Utilitv Improvements Standards - Chapter 18.810:
Chapter 18.810 provides construction standards for the implementation of public and
private facilities and utilities such as streets, sewers, and drainage. The applicable
standards are addressed below:
Streets:
Improvements:
Section 18.810.030.A.1 states that streets within a development and streets adjacent
shall be improved in accordance with the Tigard Development Code (TDC) standards.
Section 18.810.030.A.2 states that any new street or additional street width planned as
TDCrtion of an existing street shall be dedicated and improved in accordance with the
Minimum Rights-of-Way and Street Widths: Section 18.810.030(E) requires an arterial
street to have a 60 to 90 right-of-way width and 12-foot lanes. Other improvements
required may include on-street parking, sidewalks and bikeways, underground utilities,
street lighting, storm drainage, and street trees.
This site lies adjacent to SW Hall Boulevard, which is classified as an arterial on the City of
Tigard Transportation Plan Map, and is under the jurisdiction of the Oregon Department of
Transportation (ODOT). At present, there is approximatel 60 feet of ROW accordin to the
most recent tax assessor's map. This roadway will even�ually be widened to have � lanes
with bike lanes. This type of, roadway will require the full 90-foot ROW. Therefore, the
applicant should dedicate additional ROW along this frontage to provide 45 feet from the
centerline.
SW Hall Boulevard is currently improved with a centerline-to-curb dimension of
approximately 25 feet. This is an interim width approved by ODOT. There is an existing
driveway apron that serves the site and other ad�acent uses (Kindercare and Hall Park
Office).
ODOT submitted comments, dated November 1, 1999, to the City with regard to this project.
ODOT is concerned about the current width of the shared access into this site. Of particular
concern is the potential for vehicles intending to enter the Kindercare site backing up into Hall
Boulevard due to queuing of exiting cars biocking the Kindercare access. 060T believes
the access should be widened to provide for three lanes to help alleviate this potential
problem. In addition, ODOT recommends the City require the applicant to schedule their
peak traffic into this site such that there is no conflict with the peak traffic periods generated
by the Kindercare and Hall Park Office sites.
These two issues will be covered in more detail in the Planning Department section of this
report, under Section 18.705, Access, Egress, and Circulation.
Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City
design standards and be located on both sides of arterial, collector and local
residential streets.
There is an existing sidewalk along the frontage of SW Hall Boulevard adjacent to this site.
No further sidewalk improvements are necessary.
Sanitary Sewers:
Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to
serve each new development and to connect developments to existing mains in
accordance with the provisions set forth in Design and Construction Standards for
Sanitary and Surface Water Management (as adopted by the Unified Sewerage Agency
in 1996 and including any future revisions or amendments) and the adopted policies of
the comprehensive plan.
Over-Sizin�: Section 18.810.090.0 states that �roposed sewer systems shall include
consideration of additional development within the area as projected by the
Comprehensive Plan.
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Sanitary sewer service for this site has been provided as a part of the Hall Park Office
development. A 3-inch pressure line was installed within the shared driveway aisle and ties
into the existing public sewer line in SW Hall Boulevard. The pressure sewer line is
necessary due to the fact that this site is at a lower elevation that what the public line in Hall
Boulevard can serve. The new building on this site must be constructed to have a sewer
pump system. No further public sewer improvements are necessary.
Storm Drainage:
General Provisioris: Section 18.810.100.A states requires developers to make
adequate provisions for storm water and flood water runoff.
Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or
other drainage facility shall be large enough to accommodate potential runoff from its
entire upstream drainage area, whether inside or outside the development. The City
Engineer shall approve the necessary size of the facility, based on the provisions of
Design and Construction Standards for Sanitary and Surface Water Management (as
adopted by the Unified Sewerage Agency in 1996 and including any future revisions or
amendments).
The Hall Park Office development lies uphill of this site. The majority of the storm water from
that development was directed to the north toward the Highway 217 ROW. The drainage
plan for this site should be able to accommodate any sheet flow that reaches this site from
the wooded area north of the proposed building.
Effect on Downstream Drainage: Section 18.810.100.D states that where it is
anticipated by the City Engineer that the additional runoff resulting from the
development will overload an existing drainage facility, the Director and Engineer shall
withhold approval of the development until provisions have been made for
improvement of the potential condition or until provisions have been made for storage
of additional runoff caused by the development in accordance with the Design and
Construction Standards for Sanitary and Surface Water Management (as adopted by
the Unified Sewerage agency in 1996 and including any future revisions or
amendments).
In 1997, the Unified Sewerage Agency (USA) completed a basin study of Fanno Creek and
adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a
recommendation that local governments institute a stormwater detention/effective impervious
area reduction program resulting in no net increase in storm peak flows up to the 25-year
event. The City will require that all new developments resulting in an increase of impervious
surfaces provide onsite detention facilities, unless the development is located adjacent to
Fanno Creek. For those developments adjacent to Fanno Creek, the storm water runoff will
be permitted to discharge without detention.
The applicant's plan indicates that there will be a vegetated swale constructed adjacent to
the southern boundary of the site. It is not clear whether the applicant intends for this facility
to serve as a detention facility combined with surface water treatment. The applicant may
need to adjust their storm drainage plan to accommodate the detention requirement.
The plan also indicates that the storm water from this site will be directed to an existing storm
drainage line that is located on the adjacent parcels to the east of this site. This existing
private storm drainage line is located within an easement granted in favor of this site, as well
as the Hall Park Office and Kindercare sites. This fact was discovered as a part of the
approval for the Hall Park Office development. No public storm drainage work is necessary
to support this development.
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� � uti�ities:
Section 18.810.120 states that all utility lines, but not limited to those required for
electric, communication, lighting and cable television services and related facilities
shall be placed underground, except for surface mounted transformers, surface
mounted connection boxes and meter cabinets which may be placed above ground,
temporary utility service facilities during construction, high capacity electric lines
operating at 50,000 volts or above, and:
• The developer shall make all necessary arrangements with the serving utility to
provide the underground services;
• The City reserves the right to approve location of all surface mounted facilities;
• All underground utilities, including sanitary sewers and storm drains installed in
streets by the developer, shall be constructed prior to the surfacing of the streets;
and
• Stubs for service connections shall be long enough to avoid disturbing the street
improvements when service connections are made.
Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a
developer shall pay a fee in-lieu of under-grounding costs when the development is
proposed to take place on a street where existing utilities which are not underground
will serve the development and the approval authority determines that the cost and
technical difficulty of under-grounding the utilities outweighs the benefit of under-
grounding in conjunction with the development. The determination shall be on a case-
by-case basis. The most common, but not the only, such situation is a short frontage
development for which under-grounding would result in the placement of additional
poles, rather than the removal of above-ground utilities facilities. An applicant for a
development which is served by utilities which are not underground and which are
located across a public right-of-way from the applicant's property shall pay a fee in-
lieu of under-grounding.
There are existing overhead utility lines along SW Hall Boulevard. If the fee in-lieu is
proposed, it is equal to $27.50 per lineal foot of street frontage that contains the overhead
lines. The frontage along this site is 32 lineal feet; therefore, the fee would be $880.
ADDITIONAL CITY AND/OR AGENCY CONCERNS REGARDING STREET AND UTILITY
IMPROVEMENT STANDARDS:
Public Water System:
This site lies within the Tualatin Valley Water District's (TVWD) service area. As a part of the
Hall Park Office development, domestic and fire water lines were installed to serve both that
project and this project. No additional public water line work will be necessary to support this
development.
Storm Water Quality:
The City has agreed to enforce Surface Water Management (SWM) regulations established
by the Unified Sewerage Agency (USA) Design and Construction Standards (adopted by
Resolution and Order No. 96-44) which require the construction of on-site water quality
facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained
in 100 percent of the storm water runoff generated from newly created impervious surfaces.
In addition, a maintenance plan shall be submitted indicating the frequency and method to be
used in keeping the facility maintained through the year.
Prior to construction, the applicant shall submit plans and calculations for a water quality
facility that will meet the intent of the USA Design Standards. In addition, the applicant shall
submit a maintenance plan for the facility that must be reviewed and approved by the City
' prior to construction.
SWAMI VISWA PREMANANDA TEMPLE ADDITION PAGE 19 OF 23
CUP1999-00001/PDR1999-00002NAR1999-00024/MIS1999-00026 PLANNING COMMISSION FINAL ORDER NO.99-03PC
i
As was stated above, the applicant is proposing to treat the onsite storm water runoff�in a
vegetated swale. It appears that the site plan has allowed enough room for an adequately
sized swale.
To ensure compliance with Unified Sewerage Agency design and construction standards, the
applicant shall employ the design engineer responsible for the design and specifications of
the private water quality facility to perform construction and visual observation of the water
quality facility for compliance with the design and specifications. These inspections shall be
made at significant stages throughout the project and at completion of the construction. Prior
to final building inspection, the design engineer shall provide the City of Tigard (Inspection
Supervisor) with written confirmation that the water quality facility is in compliance with the
design and specifications.
Grading and Erosion Control:
USA Design and Construction Standards also regulate erosion control to reduce the amount
of sediment and other pollutants reaching the public storm and surface water system
resulting from development, construction, grading, excavating, clearing, and any other activity
which accelerates erosion. Per USA regulations, the applicant is required to submit an
erosion control plan for City review and approval prior to issuance of City permits.
Address Assignments:
The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard
and within the Urban Service Boundary (USB). An addressing fee in the amount of $30 per
address shall be assessed. This fee shall be paid to the City prior to issuance of the site
and/or building permit. For this project, the addressing fee will be $30 to account for the new
building.
FINDING: Based on the analysis above, the street utility and improvement standards have
not been met outright, however, if the applicant complies with conditions 10
through 15 specified at the front of this report, the standards will be met.
D. ADDITIONAL PLANNED DEVELOPMENT CRITERIA
Section 18.350.100(B)(3) (a) through (I) provides additional Planned Development Review
approval standards not necessarily covered by the provisions of the previously listed
sections. These other standards are addressed immediately below with the following
exceptions: The following have been discussed previously in this report and will not be
discussed in this Section: 18.350.100.B.3.b, 18.350.100.B.3.f, 18.350.100.B.3.g,
18.350.100.B.3.i, 18.350.100.B.3.j, 18.350.100.B.3.k
Relationship to the Natural and Physical Environment:
The streets, buildings and other site elements shall be designed and located to
preserve the existing trees, topography and natural drainage to the greatest degree
possible; Structures located on the site shall not be in areas subject to ground
slumping and sliding; There shall be adequate distance between on-site buildings and
other on-site and off-site buildings on adjoining properties to provide for adequate
light and air circulation and for fire protection; The structures shall be oriented with
consideration for the sun and wind directions, where possible; and Trees preserved to
the extent possible. Replacement of trees is subject to the requirements of Chapter
18.790, Tree Removal.
The buildings have been located on the site to preserve existing trees. There is not
significant topography or drainage that will be affected as a result of this proposal. There are
no known areas of ground slumping or sliding on site. The proposed setbacks will insure that
there is adequate light and air circulation. Fire protection has been considered and the
location of these buildings will not hamper fire protection. There are no trees proposed to be
removed.
SWAMI VISWA PREMANANDA TEMPLE ADDITION PAGE 20 OF 23
CUP1999-00001/PDR1999-00002NAR1999-00024/AAIS1999-00026 PLANNING COMMISSION FINAL ORDER NO.99-03PC
FINDING: Based on the analysis above, staff finds the relationship to the natural and
physical environment standards have been met.
Privacy and Noise:
Non-residential structures which abut existing residential dwellings shall be located
on the site or be designed in a manner, to the maximum degree possible, to protect
the private areas on the adjoining properties from view and noise;
FINDING: The temple will be the closest structure to the single-family dwellings west of
the site, however, given the distance from the property line and the fact that it is
oriented towards Hall Boulevard, this standard is met. The Ashram is
considered a residential structure, therefore, this standard does not apply to
that structure.
Private Outdoor Area - Multi-Family Use:
In addition to the requirements of subparagraph (3), each ground-level residential
dwelling unit shall have an outdoor private area (patio, terrace, porch) of not less than
48 square feet; Wherever possible, private outdoor open spaces should be oriented
toward the sun; and Private outdoor spaces shall be screened or designed to provide
privacy for the use of the space.
While the use is not truly multi-family, all but 2 of the rooms have a deck, the other 2 have
access to a deck via a shared room.
FINDING: Based on the analysis above, this standard has been met.
Shared Outdoor Recreation Areas - Multi-Family Use:
In addition each multiple-dwelling development shall incorporate shared usable
outdoor recreation areas within the development plan as follows: Studio units up to
and including two bedroom units, 200 square feet per unit; and Three or more
bedroom units, 300 square feet per unit. Shared outdoor recreation space shall be
readily observable from adjacent units for reasons of crime prevention and safety;
The required recreation space may be provided as follows: It may be all outdoor
space; or It may be part outdoor space and part indoor space; for example, an outdoor
tennis court and indoor recreation room; or It may be all public or common space; or It
may be part common space and part private; for example, it could be an outdoor
tennis court, indoor recreation room, and balconies on each unit; or Where balconies
are added to units, the balconies shall not be less than 48 square feet.
While this is not truly multi-family because each room is not a self-contained unit, there are
shared worship areas, yoga classrooms and open space.
FINDING: Based on the analysis above, this standard has been met.
Public Transit:
Provisions for public transit may be required where the site abuts a public transit
route. The required facilities shall be based on: (a) The location of other transit
facilities in the area; and (b) The size and type of the proposed development. The
required facilities shall be limited to such facilities as: (a) A waiting shelter; (b)A turn-
out area for loading and unloading; and (c) Hard surface paths connecting the
development to the waiting area.
The access drive fronts SW Hall Boulevard, which is on a transit route, however, because
the entire frontage is taken up by the access drive, this standard can not be applied.
FINDING: Because the entire frontage on the transit route is taken up by the access drive,
there is no place to provide transit facilities and, therefore, this standard can not
be applied.
SWAMI VISWA PREMANANDA TEMPLE ADDITION PAGE 21 OF 23
CUP1999-00001/PDR1999-00002NAR1999-00024/MIS1999-00026 PLANNING COMMISSION FINAL ORDER NO.99-03PC
Floodplain Dedication:
Where landfill and/or development is allowed within or adjacent to the 100-year
floodplain, the City shall require consideration of the dedication of sufficient open land
area for a greenway adjoining and within the floodplain. This area shall include
portions of a suitable elevation for the construction of a pedestrian/bicycle pathway
with the floodplain in accordance with the adopted pedestrian bicycle pathway plan.
The proposal is not within or adjacent to the 100-year floodplain, therefore, this standard does
not apply.
FINDING: Because the site is not within or adjacent to the 100-year floodplain, this
standard does not apply.
SECTION VIII. OTHER STAFF COMMENTS
The City Building Division has reviewed the proposed and offered the following comments:
(1) All underlying land division must be consolidated into one legal description, (2) Provide
accessible parking for phase #1, (3) Provide accessible route from all required exists of
phase 1 to the public way. Marked crossings are required; (4) Will there be 2 site permits or
done under 1 for both phases? (5) Occupancy will be based on 200 square feet per person;
(6) Phase 1 is a R-1 congregate residence; (7) Provide a auto fire alarm, manual fire alarm
and fire sprinklers if occupant load is 20; (8) Provide accessible rooms, 1106.2.2,
1106.1.10.6, table 11-B and 1109.25; (9) Correct scale on site plan 1"=30'; (10) Provide fire
truck access to within 150 feet of all exterior walls, a turn-around is required; (11) How many
quests #o a guest room? (12) An elevator is required for temple; (13) Area of rescue is
required in lower temple area; (14) Is the lower level a story or a basement?; (15) Type of
construction V-1 HR; (16) Is the dining hall a multi-use room?; (17) Ramp to lower level
slope? (18) Too much to comment on.
The City Police Department has had the opportunity to review the proposal and has
requested that a lighting plan be submitted for review and approval.
The City of Tigard Utility Manager has had the opportunity to review the proposal and
indicated that all sanitary and storm sewer are to be private.
The City of Tigard Property ManagemendOperations Department has had the
opportunity to review the proposal and has offered no comments or objections.
SECTION IX. AGENCY COMMENTS
The Oregon Department of Transportation has reviewed the proposal and offered the
following comments:
The proposed developmenYs sole access is to Hall Blvd. According to the Oreqon Hiqhwav
Plan, Hall Blvd. Is a State facility with a District highway classification. We have an interest in
ensuring that proposed land uses do not negatively impact the safe and efficient use of this
facility.
We are concerned with the ability of the two lane highway access to safely accommodate the
continued increase in traffic. Particularly, we are concerned that vehicles intending to enter
the Kindercare site may not be able to directly turn in due to queuing which blocks the
access. This could potentially cause vehicles to back up on the highway creating a potential
safety problem. When the adjacent property to the north of the access road develops, the
access should be widened to accommodate a three lane section. This improvement would
alleviate ODOT's concerns.
SWAMI VISWA PREMANANDA TEMPLE ADDITION PAGE 22 OF 23
CUP1999-00001/PDR1999-00002NAR1999-00024/MIS1999-00026 PLANNING COMMISSION FINAL ORDER NO.99-03PC
+ � � We recommend the City condition the Temple Expansion such that their peak traffic
generation ties do not coincide with the peak traffic generation times of the Office
development to the north or the Kindercare development to the southeast of the site. This
condition would allow the Temple to expand without adding traffic pressure to the highway
access.
We encourage the applicant to work with the property to the north of the access road as they
prepare development plans to ensure that the access is widened to accommodate the needs
of all the property owners who share the highway access.
Staff response: These comments have been discussed under the Street, Utility and
Improvement Standards section and Variance discussion of this report.
Unified Sewerage Agency has reviewed the proposal and offered comments which have
been incorporated into the body of this report.
Portland General Electric, NW Natural Gas, TCI Cable, General Telephone, Tri-Met, US
West, and Tualatin Valley Water District were given the opportunity to review this proposal
and submitted no comments or objections.
SECTION X. CONCLUSION
It is further ordered that the applicant and the parties to these proceedings be notified of the
entry of this order.
PASSED: This 6t'' day of December, 1999 by the City of Tigard Planning
Commission.
(Signature box below)
�,���, � '
i l.
Nick Wilsor� Planning Commission Chair
1
i:\curpin\julia\CUP99-01.final.doc
SWAMI VISWA PREMANANDA TEMPLE ADDITION PAGE 23 OF 23
CUP1999-00001/PDFi1999-00002NAR1999-00024/MIS1999-00026 PLANNING COMMISSION FINAL ORDER NO.99-03PC
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FAX TRANSMITTAL
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Date March 12, 1999
Number of pages including caver sheet �
To: Jim Coleman From: Doris Michael
Co: Ca: Citv of Tiaard
Fax#: Fax#: 684-7297
Ph #: 639-4171. Ext. 317
SUBJECT: CUP 99-0001
Dick Brewesdorff asked me to contact vou c�ncemina a aroposed church that will include
a residential comqonent The temple plans to enlarge an existinq house to cantain 12
. ... � . � � � • r � � � . ._.L"_ ____ u _______ L��. ♦!��
FAX TRANSMITTAL
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Date March 12, 1999
Number of pages including cover sheet �
To: Jim Coleman From: Doris Michael
Co: Co: City of Tiqard
Fax #: Fax#: 684-7297
Ph #: 639-4171, Ext. 317
SUBJECT: CUP 99-0001
Dick Brewesdorff asked me to contact you concerning a proposed church that will include
a residential component. The temple plans to enlarqe an existinq house to contain 12
auest- rooms with one kitchen/dining facility; and a worhsip area. It appears from the
plans that the church plans to enlarge the ashram facility in the future, but no plans been
submitted for phase 3. The proposed project is located in the CP Zone, which does not
allow residential uses. Do you think it is appropriate to consider this an accessory use to
the church's conditional use permit that is being processed ? The case is underqoinq
apqlication completeness and a letter is ready to be sent saying it is incomplete for a
variety of reasons. I'm faxinq you a copy of the ashram facility plans. I'm also includinq
the zoning/location map as well as their site plan. Let me know if you need any additional
information. Thanks for your assistance. We need to determine completeness by 3-31-
99.
MESSAGE:
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I PORT4AND,OR 97205
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FAX TRANSMITTAL
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Date March 12, 1999
Number of pages including cover sheet �_
To: Jim Coleman From: Doris Michael
Co: Co: City of Tiqard
Fax#: Fax #: L�y - � J.°l �
Ph #: 639-4171. Ext. 317
SUBJECT: CUP 99-0001
Dick Brewesdorff asked me to contact you concerning a proposed church that will include
a residential component. The temple plans to enlarge an existing house to contain 12
guest- rooms with one kitchen/dining facility; and a worhsip area. It appears from the
plans that the church plans to enlarge the ashram facility in the future, but no plans been
submitted to date for this phase. The proposed project is located in the CP Zone, which
does not allow residential uses. Do you think it is appropriate to consider this an
accessory use to the church condtional use that is beinqprocessed ? The case is
undergoin� application completeness and a letter is ready to be sent sayinq it is
incomplete for a variety of reasons. I'm faxing a copy of the ashram facility. I'm also
includinc�the zoning/location map as well as their site plan. Let me know if you need any
additnal information. Thanks for your assistance.
J-c.r. C�u�L �r o�- -a-w-
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March 30, 1999
CITY OF TIGARD
Swami Viswa Premananda OREGON
11515 SW Hall Boulevard
Tigard, OR 97223
Re: Letter of Incomplete Application for CUP 99-0001 Located at
11515 SW Hall Blvd; WCTM 1 S135DA01400.
Dear Swami Viswa Premananda:
Thank you for submitting the conditional use application to allow a religious institution
on the 1.67 acre parcel of land located at 11515 SW Hall Boulevard, in the
Professional/Administrative Commercial (C-P) Zone. Staff reviewed the application
and determined that it is incomplete.
Please clarify or submit the following information so that the use permit application can
be processed:
1. Submit two copies of self-addressed and self-stamped envelopes for the 500-foot
public notice mailing requirement. Also, submit a map showing the area that will be
noticed and a list of the names and addresses of the property owners who will be
notified of your request.
2. Submit a project narrative (18 copies) describing the following:
. The number of chairs that can fit in the main assembly.
. The hours of operation for any activity at the ashram and temple that are
proposed.
. The number of people that will reside at the facility. Additional on-site parking
may be needed if the residential use conflicts with the parking needs of the office
use.
. Describe what will be occurring during the three phases noted on the plans. For
example, describe the approximate dates for each phase, the proposed uses,
hours of operation and size of the facilities that will be built.
. You will also need to address in the narrative the City's code criteria when
requesting approval of a conditional use (and a religious institution) in the C-P
Zone. Attached (Attachment 1) is a copy of the code provisions that need to be
addressed.
13125 SW Hall Blvd., Tigard, OR 97223(503)639-4171 TDD (503)684-2772
Page 1 of 3
. ,
3. Submit a site plan that shows the three phases of building construction. Also,
include the proposed height and size of the facilities, the proposed landscaping, the
bicycle and vehicle parking areas (even if it is on the adjoining parcel), sidewalks,
setbacks, lighting, signs, mailboxes, and enclosed garbage enclosures. Please
submit an 8Y�" by 11" version of this revised site plan. The site plan does not need to
show elevations, grading, utilities, or erosion control measures. Please note that the
front yard setback for a religious institution is 25 feet. This means the proposed
ashram facility will need to be further from the front property line.
4. Submit a landscape plan (18 copies) showing the location, size and type of trees,
shrubs and ground cover that will be planted on the site. Please note the total area
or square footage that will be landscaped so we may be sure that 15% of the site is
landscaped, as it required for the C-P Zone.
5. Submit 18 copies of a tree removal and replacement plan for any trees over 6 inches
of caliper that will be removed.
6. A buffering plan. The code requires buffering be provided along the west property
line since the property abuts a residential zone. This requirement may be satisfied
with landscaping. Attachment 2 discusses the options for meeting the buffering
requirements. This may be located on the landscape plan. .,a ��,�s�,�;�c: o� ����'�:�2,
n���� s Eo a ,�J�-�-t � � s n%��:x�c-.a �; 3c.���tc-+ ��/sy e�•-�-�
7. Our office sees that you have paid the fee for an access variance. Please complete
the attached variance application to request a reduction of the required a
40-foot-wide driveway to 24-feet (when it provides access to more than a hundred
(100) parking spaces). You may wish to discuss this matter with Mr. Jim Waddle.
He recently came to our office to discuss adding offices along the north side of the
accessway and was also advised that the driveway needs to be enlarged. Mr.
Waddle's phone number is 221-2003. The variance form and the findings that need
to be addressed are also attached (Attachment 3).
8. Please submit a final copy of the reciprocal parking agreement. The second party of
the agreement did not sign the version you submitted nor were the exhibits included.
One final note, please be aware that the Tigard Community Deve�opment Code does
not allow residential uses in the CP Zone at this location. You have two options in
which to be allowed to build an ashram at this location. Your options are as follows:
. You may request to place the land in a Planned Development (PD) Zone. According
to the code, a PD Zone may allow a maximum of 25% of the total gross floor area of
a permitted commercial use to be used for residential uses; or
. You may request to change the zoning code to amend the land use classification
section so that residential uses are considered to be an appropriate accessory use
of a religious institution (Section 18.130.020B9).
3/30/99 Swami Viswa Premananda Ltr. Page 2 of 3
Re: Incomplete Application Submittal for CUP 99-0001
The PD and Zone Ordinance Amendment applications are also attached (Attachment 4
and Attachment 5). Should you have any questions or need any assistance, please
feel free to call me. My phone number is 639-4171, extension 317. Please note that
the City's development code is on the Internet so that you may directly access it. The
e-mail address is www.ci.tigard.or.us\cd\toc.htm.
Sincerely,
/�-��, %'nc����—
Doris Michael
Associate Planner
I:lcurpinldorislcup\cup99-1 ashramincomplete.doc
Attachments.j5):
#1 - Conditional Use Permit Criteria/Findings (5 pgs.)
#2 - Buffering Requirements (8 pgs.)
#3 -Variance Application and Variance Findings (4 pgs.)
#4 - Planned Development Application (2 pgs.)
#5 -Zone Ordinance Amendment Application (2 pgs.)
c: CUP 99-0001 Land use file
1999 Planning correspondence file
3/30/99 Swami Viswa Premananda Ltr. Page 3 of 3
Re: Incomplete Application Submittal for CUP 99-0001
03/30/99 18:40 $503 684 7297 CITY OF TIGARD �001
����������������������s����
��� ACTIVITY REPORT ���
������������*����������*��*
TRANSMISSION OK
TX/RX N0. 3938
CONNECTION TEL 000
CONNECTION ID GEOSTANDARDS
START TIME 03/30 18:38
LiSAGE TIME O1'45
PAGES 3
RESLILT OK
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Swami Viswa Premananda �R��a�N
'!1515 SW Ha11 Boulevard
Tigard, OR 97223
Re: Letter of Incomplete Application for CUP 99-OQ01 Located at
11515 SW Hall Blvd; WCTM 1S735DA0144a.
Dear Swami Viswa Premananda:
Thank you for submitting the conditional use app(ication to allow a religious institution
on the 1.67 acre p�rcel of land lacated at 11515 SW Hall Boulevard, in the
Professional/Administrative Commercial (C-P) Zone. Staff revi�wed the application
and determined that it is incomplete.
Please clarify or submit the foliowing information so that the use perm�t application can
be processed:
1. Submit two copies of self-addressed and self stamped envelopes far the 540-foot
public no#ice mailing requirement. Also, submit a map showing the area that will be
noticed and a list of #he �ames and addresses of the property owners who will be
notified of your request.
2. Submit a project narrative (18 copies) describing the following:
. The number of chairs that can fit in the main assembly.
. The hours of operation for any activrty at the ashram and temple that are
proposed.
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TIGARD MUNICIPAL CODE
c. Business equipment sales and the Bull Mountain Road District, on or above the
services; second floor of the structure;
d. Business support services; b. Home occupations subject� to
provisions of Chapter 18.142;
e. Communication services;
c. Family day care;
f. Children's day care;
4. Transient lodging/restaurant (on the
g. Financial,insurance,and real estate ' same parcel);
services;
5. Temporary use;
h. Medical and dental services;
6. Fuel tank;or
i. Participation sports and recreation:
7. Accessory structures. (Ord. 90-41; Ord.
(i) Indoor;and 89-06;Ord.86-08;Ord. 85-32;Ord. 84-73;Ord. 84-
29;Ord.83-52)
-
(ii) Outdoor (not to exceed ten --------
percent of the total square footage within the 18.64.040i� Conditional Uses (See Chapter\
office complex); �-Tg;��;-_ -
. j. Personal services,general; A. Conditional uses in the C-P district are as
follows:
k. Professional and administrative
services; 1. Heliports, in accordance with the
Aeronautics Division(ODOT)and FAA;
1. Research services;and
2. Hospitals;
m. The following uses,separately or in
combination,shall not exceed a total of 20 percent 3. Utilities;and
of the entire square footage within the
development complex: 4. Religious Assemblies. ��
� ��
(i) Convenience sales and 5. Construction Contractor's Professional
personal services; Offices. (Ord. 93-28;Ord. 92-15;Ord. 89-06;Ord.
85-32;Ord.84-29;Ord.83-52)
(ii) Eating and drinking
establishments;and 18.64.050 Dimensional Requirements.
(iii) Retail sales,general; A. Uimensional requirements in the C-P district
are as follows:
3. Residential use types:
1. The minimum lot area shall be 6,000
a. Multiple-family residential units as square feet;
a mixed use in conjunction, developed at R-40+
standards, with a commercial development, only 2. The average minimum lot width shall be
in the CP District within the Tigard Triangle and 50 feet;
18-b4-2 Reformatted 1994
i .... ---__.,_,— _ � ____ _.___ ___.___ :�__,�__.__�. __��_— _.._._�,
Dick Bewersdorff Re: Fwd: FW: Int ting Code Question Page 1 :
I� :�,..�-_:�:.:�.W� , _ _
From: Doris Michael
To: Jim Hendryx
Date: Wed, May 19, 1999 1:03 PM
Subject: Re: Fwd: FW: Interesting Code Question
Regarding this matter, Kirsten and her client were told to explain the proposed use of the 8 guestrooms
(and future rooms) and how this use is similar to commercial lodging or a bed and breakfast. I said we
would see how this use could be processed during the cup for a religious facility.
Swami Viswa Premanada submitted a conditional use permit for a religious facility on property along Hall
in the C-P Zone. The plans show an ashram that included the swami's residence (with a kitchen), a
worship area, yoga area, another kitchen area and 8 guestrooms. A second phase is proposed to expand
the proposed ashram area (size and uses unknown at this point) . A third phase includes a 6100 sf
temple.
When Dick, Jim Coleman and I reviewed the plans, we found that the residential component was not
allowed in this zone nor was residential uses allowed under the definition of a religious facility. We
advised the applicanYs representative that he could either request a code amendment to include housing
as an incidental use of a religious faciliry or request a P.D. which would allow 25% of the commercial use
for housing. At a meeting I had with Sam, the applicanYs representative, he said the ashram use was like
commercial lodging as visiting swami's (religious teachers)would stay in the guestrooms and that they
usually do not stay long. I told Sam that we had not considered that use, but that I was willing to look at
that as a way to proceed. I asked him to explain in writing the use of the ashram and how it fit the
commercial lodging use when he submitted the information he needed to make his application complete.
We could do a Director's Interpretation as Kirsten suggested during the meeting, but as I told Kirsten and
Sam, I had thought we could handle this matter without one. At one point in the meeting Kirsten
questioned whether a use permit was needed since the facility was just a bed and breakfast. I said
religious facilities required a cup in this zone.
One side note, if the Swami had not rezoned this land to the CP Zone from a residential zone about 5
years ago to allow the Hall Office Complex(per representative),we would not have had a problem with
the residential components - the swami's residence nor the guest rooms. But it would be very difficult
now to rezone it back to residential.
Doris Michael, Associate Planner
CC: Dick Bewersdorff
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11_1'FIA FNGINL:ERING, INC'.
RECEIVED PLANNING
September 20, 1999
SEP 2 9 1999
Julia Hajduk CITY OF TI�,ARD
City of Tigard
13125 SW Hall Blvd.
Tigard, Or 97223
RE: CUP1999-001, PD1999-00002, VAR1999-00024
Tigarci Ashram - SUU-387
Julia,
In response to your message of 9/17/99, the proposed Ashram and temple construction
are to be on Tax Lots 1400 and 3503 of Tax Map 1S1 35DA.
My understanding is that tax Lot 3500 is involved due to the shared parking agreement
only.
If you have any more questions, feel free to call me. Sam, at GEOStandards (646-9069)
is our client contact, and to my knowledge, will be responsible for handling the project to
completion.
Thank you,
,
1
�--��-����-�--
Hayli Walker
Plaza West • Suite 230 • 9600 SW Oak • 1'ortl�u�d. Oregon 97Z23
Office 503-45'1-8003 • Fax 503-452-8043
����w�w.alpha-eng.com •
NOTICE TO MORTGAGEE, UENH� ER,VENDOR OR SELLER:
THE TIGARD DEVELOPMENT CODE REQUIRES i�,HT IF YOU RECEIVE THIS NOTICE,
IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER.
CITY OF iIGARD
Community�Dec�eCopment
Shaping A Better Community
PUBLIC HEARING NOTICE
NOTICE IS HEREBY GIVEN THAT THE TIGARD PLANNING COMMISSION. AT A MEETING ON MONDAY.
NOVEMBER 22, 1999 AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL
BOULEVARD, TIGARD, OREGON 97223 TO CONSIDER THE FOLLOWING APPLICATION:
FILE NO(S).: CONDITIONAL USE PERMIT[CUPI 1999-00001
PLANNED DEVELOPMENT REVIEW[PDRI 1999-00002
VARIANCE NARI 1999-00024
SETBACK A�IUSTMENT[MISI 1999-00026
FILE TITLE: SWAMI VISWA TEMPLE E1(PANSION
APPLICANT/ PLANNING
OWNER: Swami Viswa Premananda CONSULTANT: Alpha Engineering
11515 SW Hall Boulevard Mike Miller, Project Manager
Tigard, OR 97223 Plaza West, Suite 230
9600 SW Oak Street
Portland, OR 97223
REQUEST: The applicant has requested Conditional Use Approval to expand the existing Ashram
(temple). The applicant is also requesting Planned Development approval to allow the
residential use of two bedrooms for the residents and eight guestrooms. A variance has
been requested to the access width. An adjustment to the front yard setback for a
religious facility has also been requested.
LOCATION: The site is located at 11515 SW Hall Boulevard. The properties are also identified as
WCTM 1 S135DA, Tax Lots 1400 and 3503.
ZONE: C-P; Professional Commercial.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.330, 18.370, 18.390, 18.510, 18.530,
18.705, 18.745, 18.765, 18.775, 18.790, 18.795 and 18.810.
THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER
18.390 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD
PLANNING COMMISSION AND 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.
CUP1999-00001/SWAM1 VISWA TEMPLE EXPANSION NOTICE OF 11/22/99 PLANNING COMMISSION PUBLIC HEARIN(
ANYONE WISHING TO PRESENT 1 -TEN TESTIMONY ON THIS PROPC ACTION MAY DO SO IN WRITING
PRIOR TO OR AT THE PUBLIC HEA����G. ORAL TESTIMONY MAY BE PRES"�TED AT THE PUBLIC HEARING. AT
THE PUBLIC HEARING, THE PLANNING COMMISSION WILL RECEIVE A STAFF REPORT PRESENTATION FROM
THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE
PLANNING COMMISSION MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL
INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION.
IF A PERSON SUBMITS EVIDENCE OR DOCUMENTS LESS THAN 7 DAYS PRIOR TO THE PUBLIC HEARING DATE,
THE HEARINGS AUTHORITY MAY ALLOW A CONTINUANCE OF THE HEARING, SUBJECT TO ORS 215.428 OR
227.178. 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 PLANNING COMMISSION WILL BE BASED UPON THE CRITERIA LISTED OR OTHER
CRITERIA IN THE COMPREHENSIVE PLAN OR DEVELOPMENT CODE WHICH THE PERSON BELIEVES TO APPLY
TO THE DECISION. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN
SPECIFICALLY TO THE APPLICABLE CRITERIA IN THE COMPREHENSIVE PLAN OR THE DEVELOPMENT CODE.
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 AND ALL PARTIES TO RESPOND PRECLUDES AN APPEAL, AND FAILURE TO SPECIFY
THE CRITERION FROM THE COMMUNITY DEVELOPMENT CODE OR COMPREHENSIVE PLAN AT WHICH A
COMMENT IS DIRECTED 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
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 lulia Powell Haiduk AT (503)639-4171,
TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223.
�..., � � tD ._.�_ � '___ _�TJ �.<<.....�,..o...-,. -..
L..S , VICINITY MAP
' I �Y ' _-- ___
— i __ ________=
��-i- �'� F—� CUP1999-DOv01
I� � I
� �-,i PDR1999-00002
j ' �I,IL� r—i VAR1999-OD0�4
I I � �—', -MIS 1999�00026_
� � �� ��I SWAMI VISWA
° TEMPLE EXPANSION
\.�BJECT I ,
�TAX LOTS LE
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CUP1999-00001/SWAMI VISWA TEMPLE EXPANSION NOTICE OF 11/22/99 PLANNING COMMISSION PUBLIC HEARING
�
�
:'�I I'11A t-;NC_�INI:E:F2ING, lNC'.
November 3, 1999
Ms. Julia Hajduk
City of Tigard
C^�munit� DevPlop�r.er�* !�e;artr;pr�t
13125 SW Hall, PO Box 23397
Tigard, OR 97223
FAX: 684-7297
RE: Tigard Ashram (1 1515 SW Hall Boulevard, Tigard
Request for Continuance of Planning Commission Hearing
Job No. 500-387
Dear Julia:
Per our phone conversation yesterday afternoon, the applicant requests a continuance
from the scheduled hearing date of November 22"d until the next available hearing
which is December 6th, 1999. As this request is to accommodate the applicant's
schedule, they are amenable to extending the 120 day processing limit an additional
three weeks.
Upon reflecting on the issues raised at yesterdays meeting with Sam, myself, Jim
Waddle, Kris Londahl, Brian Rager, and yourself, we agree with you that the current
layout proposed for the parking lot does not appear to be an acceptable alternative. Its
minimal access widths coupled with a parking lot that would completely "landlocks"
the currently undeveloped adjacent property (and renders it undevelopable (except by
Nedelesky). Accordingly, this proposal violates not only fire access requirements but
also other City development codes. Although this property owner was not represented
yesterday, we appreciate that you and your staff are "doing the right thing" by not
recommending approval of this parking layout.
In attempting to find a solution for this collection of piecemeal projects it naturally
occurred to us that there may be a "neighborhood circulation plan" that could address
the current problems that the owners and the City are experiencing, namely:
Plaza Wr�st • Suitr, Z30 �9600 tiW Uak • Yortland, Oreguu 9;l'�3
Office 503-452-8003 • Fax 503-452-8043
•w�+•w.ul��h�-r�n�.cum �
• City's access and safety issues
• Serving of the currently undevPloped site
• Providing additiorzal development opportunities
• Accommodating additional parking
• Providing a more attractive and focused entry into the complex
• Creation of an office park environment rather than a piecemeal development.
It will not involve "magic" but rather a group planning exercise and some flexibility by
the affected owners. As a starting point, I would like to show you and Brian some
ipeas ti-nat Sam ana f aiscussed. Give me a cail ana �ve can meet to review some of
these neighborhood circulation plans or ratherr "office park" concepts.
Thanks again for attempting to bring the property owners together to resolve these
issues. We appreciate your assistance with this project thus far, as well as your
prompt review of our submittal materials. Please let me know when might be a
convenient time for us to meet.
Sincerely,
ALPHA ENGINEERING, IfVC.
I�!' � ��� .
�. �� �� ��
Mike Miller
Project Manager
f
NOV 03 '99 06�32PM RLPHA ENGINEERIN_ P. 1/2
ALP1tA ENGINEERING, INC.
Novem6er 3, 1999
Ms. Julia Najduk
City of Tigard
Community Development Department
13125 SW Hall, PO 6ox 23397 .
Tigard, OR 97223
FAX: 684-7297
RE: Tigard Ashram (11515 SW Hall Bo�levard, Tigard
Request for Continuance of Planning Commission Hearing
Job No. 500-387
Dear Juiia:
Per our phone conversation yesterday afternoon, the applicant requests a continuance
from the scheduled hearing date of November 22nd unt'ri the next availabfe hearing
which is Dec�mber 6th, 1999. As this request is to accommodate the applicant's
schedule, they are amenable to exiending the i 20 day processing limit an additional
three weeks,
Upon reflecting on the issues raised at yesterdays meeting with Sam, myself, Jim
Waddle, Kris Londahl, 6rian Rager, and yourself, we agree with you that the current
Iayout proposed for the parking lot does not appear to be an acceptable alternative. Its
minimal access widihs coupled with a parking lot that would completely "landlocks"
the currently undeve[oped adjacent propeRy (and renders it undevelopable (except by
Nedeles[cy}, Accordingly, this proposal violates not only fire access requirements but
also other City development codes. Although this property owner was not represented
yesterday, we appreciate that you and your staff are "doing the right thing" by not
recommending approval of this parking layout.
In attempting to find a solution for this collection af piecemeal projects it naturally
occurred to us that there may be a "neighborhood circu[ation pfan" that could address
the �urrent problems that the owners and the City are experiencing, namely:
Plaza Wes[ -Suite 230 •9600 SW Oak -Purtland, Ore:;on 97223
Office 503-452-8Q03 • Fax 503-�52-8043
•wrww.slpha-en�.com �
NOV 03 '99 06�32PM ALPHA EN6INEERING P.2i2
• City`s access and safety issues
• Serving of the currently undeveloped site
• Providing additional development opportunities
• Accommodating additiona! parking
• Providing a more attractive and focused entry into the complex
� Creation of an office park environment rather than a piecemeal development.
It will not involve "magic" but rather a group planning exercise and some flexibility by
the affected owners. As a starting point, I would like to show you and Brian some
ideas that Sam and I discussed, Give me a call and we can meet to review some of
Lhese neighborhood circulation plans or rather "a#fice park" concepts,
Thanks again for attempting to bring the property owners together to rESOlve these
issues. We apprecia#e your assistance with this project thus far, as well as your
prompt review of our submittaf materials. Please let me know when might be a
conveniEnt time for us to meet.
Sincerely,
ALPHA EN6INEERING, INC.
� �~r'';r ,.•�.
. :'� ��' •'",� ��' ,� -
6c,C'' "'��"'��—�''-�=:�
Mike MillEr
Project Manager
1
COMMUNITY NEWSPAPERS, INC. Le9a�
P.O.BOX 370 PHONE(503)684�0360 NOIiC� !;'; 9 5 7 9
BEAVERTON,OREGON 97075 The following will be considered by the Tigard Plenning Commission
on Monday,November 22,1999,at 7:30 P.M.,at Tigard Civic Center—
Legel NOtICe Advefti8ing .Town Hall;131?5 SW hlal�Blvd.,Tigard,Oregon.Bo[h public,oral and
wri«en testimony is invited.The public heaeing on'this matter will be'
� • O Tearsheet Notice conducted in accordance with the rules of Chapter 18.390 of the Tigard
Ci*yo uf Tiqar�3/Planninq MunicipalCode,andrulesandproceduresoftheHearingsOfficer.Fa�lhre
�13125 SW I3a11 Blvd. • ❑ Duplicate Affidavit �o raise aa issue in person or by letter,accompanied by slatements or
igdrd,Or.egon 97 223 evidence sufficien[to allow the hearings authoriry and all par[ies to
respond,precludes an appeal,and failure to specify the criterion from the
• � Communrty Development Code or Comprehensive Plan at which a
Accounts Payable al based on that criierion.Further
commen[is directed precludes an appe
information may be obtained from the Planning Division at 13125 SW
Hall Hlvd.,Tigard,Oregon 97223,or by calling(503)639-4171.
PUBLIC HEARING:
AFFIDAVIT OF PUBLICATION CONllITIOrAL USE PERMIT(CUP)19Y9-W001
STATE OF OREGON, ) , PLANNED DEVELOPMENT REVIEW(PDR)1999•OOM12
VARIANCE{VAR)1999-00024 and
COUN7Y OF WASHINGTON, )as' ETBACK ADJUSTMENT(M1S)1999-00026
i' '' i SWAMI VISWA TEMPLE EXPANSION<
beinp f rat d ly s or�n,depose and say that I am the Adverhsmq , REQUEST:The applicant has requested Conditional Use Approval lo
Director,or his principai clerk,of them_�a rd—"'na 7 at i n T�meS expand the existing Ashram(temple).The applicant is also requesting
e newspaper of generel circulation as defined in OFS 193.010 Planned Development approval to allow the residential use of two
and 193.020;publiahed at �'iga rri in the � bedrooms for lhe residents and eight guestrooms.A varixnce has been
aforesaid county and state;that the requested to the access width.An adjustment to the front yazd setback for
Pnht; t� r;�R/�Pm 7 P T'x n c i on-4o��mi V i se�a a roligious facility has also been requested.LOCATION:The sile is
� '�� � located at 11515 SW Hall Blvd.The properties are also identified as
a printed copy of which is hereto annexed,was published in the WCTM 1SI35DA Tax Lot 1406 and 3503.ZONES:C-P;Professional
ent'ue iasue of said newspaper for �TIE auccessive end De e opmen't C de ChapteB e El8 E0.1 SW��R18.390IA8.510,18530
consecutive in the followinq issues: L8.705,18.745.16.765,18.775,18.790,18.795 and 18.810.
` . ,s- - C i_i_'( - ��I
t h r d 1 Q Q Q _ I � , _ I, _ � . _ i ; , U viuwm ruv
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TT9519—Publish November 4,1999. � `\
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DATE: (' �� PLANS CHECK NO.
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PROJECT TITLE:
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COUNTYWIDE
TRAFFIC IMPACT FEE
WO RKS H E ET APPLICANT
(FOR NON-SINGLE FAMILY USES) MAILINGADDRESS:
C ITY/ZI P/P HON E:
TAX MAP NO.:
SITES NO.ADDRESS:
LAND USE CATEGORY �E PER TRIP
RESIDENTIAL $201.00
BUSINESS AND COMMERCIAL $ 51.00 �
OFFICE $ 184.00 ' '� " ^' �'
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INDUSTRIAL $ 19�.00 � � `�
INSTITUTIONAL $ $3.00 !` , �j
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DEFER TO OCCUPANCY LAND USE CATEGORY DESCRIPTION OF USE WEEKDAY AVG. WEEKEND AVG.TRIP RATE
,�N�r/��' TRIPRATE 7. o �-/l
BASIS: j; � �i ,� .- %
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FOR ACCOUNTING PURPOSES ONLY
ADDITIONAL NOTES:
ROAD AMT.:
TRANSIT AMT.:
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Description
i A church is a building providing public worship senrices, and generally houses an assembly hall or
sanctuary, meeting rooms, classrooms, and occasionally dining, catering, or parry facilities.
Additional Data
Information on transit trip ends is not available.
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States.
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90, 120, 169, 170
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� NOTICE TO MORTGAGEE, LIENHff 'R,VENDOR OR SELLER:
THE TIGAF�D DEVELOPMENT CODE REQUIRES . �r YOU RECEIVE THIS NOTICE,
IT Sf-iALL BE PROMPTLY FORWARDED TO THE PURCHASER
CITY OF TIGARD
Community�Development
NOTICE OF "RESCHEDULED" S6npingABetterCommunity
PUBLIC NEARING
NOTICE IS HEREBY GIVEN THAT THE NOVEMBER 12. I 999 PLANNING COMMISSION MEETING HAS BEEN
RESCHEDULED TO MONDAY� DECEMBER 6, 1999 AT 7:30 PM
IN THE TOWN HALL, OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD,
TIGARD, OREGON 97223 TO CONSIDER THE FOLLOWING APPLICATION:
FILE NO(S).: CONDITIONAL USE PERMIT[CUPI 1999-00001
PLANNED DEVELOPMENT RE111EW[PDRI 1999-00002
YARIANCE NARI 1999-00024
SETBACK ADIUSTMENT[MISI 1999-00026
FILE TITLE: SWAMI VISWA TEMPLE EIiPANSION
APPLICANT/ PLANNING
OWNER: Swami Viswa Premananda CONSULTANT: Aipha Engineering
11515 SW Hall Boulevard Mike Miller, Project Manager
Tigard, OR 97223 Plaza West, Suite 230
9600 SW Oak Street
. Portland, OR 97223
REQUEST: The applicant has requested Conditional Use Approval to expand the existing Ashram
(temple). The applicant is also requesting Planned Development approval to allow the
residential use of two bedrooms for the residents and eight guestrooms. A variance has
been requested to the access width. An adjustment to the front yard setback for a
religious facility has also been requested.
LOCATION: The site is located at 11515 SW Hall Boulevard. The properties are also identified as
WCTM 1 S135DA, Tax Lots 1400 and 3503.
ZONE: C-P; Professional Commercial.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.330, 18.370, 18.390, 18.510, 18.530,
18.705, 18.745, 18.765, 18.775, 18.790, 18.795 and 18.810.
THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER
18.390 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD
PLANNING COMMISSION AND 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.
CUP1999-00001/SWAMI VISWA TEMPLE EXPANSION "RESCHEDULED PUBLIC HEARING DATE
NOTICE OF 12/6/99 PLANNING COMMISSION PUBLIC HEARING
ANYONE WISHING TO PRESENT TTEN TESTIMONY ON THIS PROF �J ACTION MAY DO SO IN WRITING
PRIOR TO OR AT THE PUBLIC HEr,��...,G. ORAL TESTIMONY MAY BE PR�� TED AT THE PUB�IC HEARING. AT
THE PUBLIC HEARING, THE PLANNING COMMISSION WILL RECEIVE A STAFF REPORT PRESENTATION FROM
THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE
PLANNING COMMISSION MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL
INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION.
IF A PERSON SUBMITS EVIDENCE OR DOCUMENTS LESS THAN 7 DAYS PRIOR TO THE PUBLIC HEARING DATE,
THE HEARINGS AUTHORITY MAY ALLOW A CONTINUANCE OF THE HEARING, SUBJECT TO ORS 215.428 OR
227.178. 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 PLANNING COMMISSION WILL BE BASED UPON THE CRITERIA LISTED OR OTHER
CRITERIA IN THE COMPREHENSIVE PLAN OR DEVELOPMENT CODE WHICH THE PERSON BELIEVES TO APPLY
TO THE DECISION. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN
SPECIFICALLY TO THE APPLICABLE CRITERIA IN THE COMPREHENSIVE PLAN OR THE DEVELOPMENT CODE.
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 AND ALL PARTIES TO RESPOND PRECLUDES AN APPEAL, AND FAILURE TO SPECIFY
THE CRITERION FROM THE COMMUNITY DEVELOPMENT CODE OR COMPREHENSIVE PLAN AT WHICH A
COMMENT IS DIRECTED 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 (25C) 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 IUIIB POWCII NBjdllk AT (503)639-4171,
TIGARD CITY HALL, 13125 SW HALL BOULEVARD,TIGARD, OREGON 97223.
ir_�-- F-- --� ..........,..............,_
; �- ����. - � �� VICINITY MAP I
� � ���
�� I � ____________
!�,� � ��� _� CUP1999-00001 '
-- -- r--;�; � I PDR1999-00002 �
� VAR1999-00024
, �_SL� ,�_ — MI51999-00026
—�� - ------
�--1 � �, _ ------______
- - N--C� < SWAMI VISWA
m � TEMPLE EXPAHSION
-- v,---. �-- i i
�-- � 2 SUBJECT _ �_ I
'. TAX LOTS �
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CUP1999-00001/SWAMI VISWATEMPLE EXPANSION "RESCHEDULED PUBLIC HEARING DATE'
NOTICE OF 12/6/99 PLANNING COMMISSION PUBLIC HEARING
COMMUNITY NEWSPAPERS, INC. Le9a,
P.O. BOX 370 PHONE(503)684-0360 NotiCe TT 9 5 2 3
BEAVERTON,OREGON 97075 , - ---
Legal Notice Advertising The following will be considered by the Tigard Planning Commission
on Monday,December 6,1999,at 7:30 P.M.,at,the Tigard Civic Center
–Town Hall, 13125 SW Hall Blyd.,Tigard,Oregon. `' ' �
•City of Tigar.d/Planning • ❑ Tearsheet Notice Both public oral and written testimony are invited.The public hearing on
13125 SVd Hall Blvd, this matter,will be conducted in accordance with Chapter 18.390 of the
• Tigard,Oregon 97 2 7.3 • ❑ Duplicate Affidavit Tigard Municipal Code,and rules and procedures of the Planning Com-
mission. •
•Accounts Pa able Failure to raise an issue in person or by letter at some point prior to the
Y � close of the hearing accompanied by statements or evidence sufficient to
allow the Hearings Authority and all the parties to respond on the request,
precludes an appeal, and failure to specify the criterion from the Com-
munity Development Code or Comprehensive Plan at which a comment is
directed precludes an appeal to the Land Use Board of Appeals based on
AFFIDAVIT OF PUBLICATION that criterion.Further information may be obtained from the Planning
STATE OF OREGON, ) Division at 13125 SW Hall Blvd,,Tigard,Oregon 972,23,or by calling
COUNTY OF WASHINGTON, )SS' 639-4171.
PUBLIC HEARING ITEM:
�, Kath� Sn��der CONDITIONAL USE PERMIT[CUP]1999-00001
being first duly sworn, depose and say that I am the Advertising PLANNED DEVELOPMENT REVIEW[PDR]1999-00002
Director, or his principal clerk, of theT; qar�3–mua 1 at i n Times •-°��'°�`�'ARIANCE[VAR)1999-00024 and
a newspaper of general circulation as defined in ORS 193.010 SETBACK ADJUSTMENT[MIS]1999-00026 , ,
and 193.020; published at Ti�arci in the � >SWA1�1I VISWA TEMPLE EXPANSION<'
aforesaid county and state; that the The applicant has requested Conditional Use Approva!to expand the ex-
P„hl ; r� HP ri nq/Swami Vi swa TPm�I a F'.xnanGion isting Ashram (temple),. The applicant is also requesting Planned
a rinted co y of which is hereto annexed, was ublished in the Development approval to allow the residential use of two bedrooms for
P P P the residents and eight guestrooms.A,variance has been requested to the
entire issue of said newspaper for ONE successive and access width. An adjustment to the front yard setback for a religious
consecutive in the following issues: •facility has also been requested. LOCATION: The site is located at
�11515 SW Hall Blvd. The properties are also identified as WCTM
Plovember 1 t�,19 9 9 1 S 135DA Tax Lots 1400 and 3503:ZONES:C-P Professional Commer-
cial.APPLICABLE REVIEW CRITERIA:Community Development
Code Chapters 18.330, 18.370, 18.390, 18.510;'18:530; 18.705, 18:745,
18.765, 18.775, 18.790, 18.795 and 18.810. '
�., `` _ C _ _ _ _. _. t,-T.I�-- - .. �:.�.,v�c�N�
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Subscribed and sworn to fore me this 1 $t h �7...a af�T.ovpmbe r, 19 9 9 -�r�1II ` ""� ' '` �'- '°"'90'-0°°°2
� _l.�_ILi_JJ.L�� `\.•� ....L� ._.. I "1-- � r�ein�0002a
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I l____ _ — —� j iEn►LE Dt►utStQM
N t Public for Oregon _ — ---�---a ---J
—' " 3 SUBJECT � _' 1_
My Commission Expires: MY t _ _ _ '°"LO� - -- l'^'�u-
AFFIDAVIT .- _._ �".. - -•- �
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� � �s� �M ;�ka NOTICE OF DECISION
*� � �' �kS1TE DEVELOPMENT REYIEW[SDRI 9?-0014 � �
, :�� ���� � �
��w` '� � CITY OF TIOARD
s�� �» VARIANCE [VARI 91-0018
���`: Cvmmunity Development
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HALL PARK OFFICE CENTER S�p+ng�BetterCommwuty
SECTION I. APPLICATION SUMMARY , ; , _ . _ .
, , ,
p' G �:��: x� ,_ � � � 5.; ��i �
CASES: FILE NAME: HALL PARK OFFICE CENTER
Site Development Review SDR 97-0014
Variance �� �T' �I � - �; cc:c Z VAR 97-0018
PROPOSAL: The applicant has requested Site Development Review approval to
develop a two story, 32,735 square foot office building and related site
improvements.
APPLICANT: Mr. Mike Nedelisky OWNER: Brahma Premanada
25 82nd Drive, Suite 102 11515 SW Hall Boulevard
Gladstone, OR 97207 Tigard, OR 97223
OWNER: Mr. Mike Nedelisky
25 82nd Drive, Suite 102
COMPREHENSIVE Gladstone, OR 97207
PLAN
DESIGNATION: Commercial Professional; C-P.
ZONING
DESIGNATION: Professional/Administrative Office, Commercial District; C-P.
The purpose of the C-P Zoning District is to provide for groups of
businesses and offices in centers. Permitted uses include:
Professional and Administrative services, Public agency
administrative services, Cultural exhibits and library services, Public
support facilities, Lodges, fraternal and civic assembly, Postal
services, Animal sales and services, Business equipment sales and
services, Communication services, Children's day care; Medical and
dental services, Research services, and Financial, insurance, and real
estate services, among others.
LOCATION: ti�8�SW Hall Boulevard; WCTM 1S135DA, Tax Lots 01400, 01800,
� 03500�and 03501. The subject property is located west of SW Hall
�o`ulevard, south of the 217 Freeway, north and west of the existing
Kindercare Day Care Center.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.32, 18.64, 18.100, 18.102,
18.106. 18.108, 18.114, 18.116, 18.120, 18.150 and 18.164.
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee
has APPRQVED the above request subject to certain conditions of approval.
The findings and conclusions on which the decision is based are noted in Section IV.
NOTICE OF DECISION SDR 97-0014NAR 97-0018-HALL PARK OFFICE CENTER PAGE 1 OF 14
r�►
I�ndscaped planter area� .: at least three (3) feet in width, w�. . is also in compliance with
` the applicable standards.
/
Visual Clearance Areas: Section 18.102 requires that a clear vision area shall be
maintained on the corners of all property adjacent to intersecting right-of-ways or the
intersection of a public street and a private driveway. A clear vision area shall contain
no vehicle, hedge, planting, fence, wall structure, or temporary or permanent
obstruction exceeding three (3) feet in height. The code provides that obstructions
that may be located in this area shall be visually clear between three (3) and eight (8)
feet in height (trees may be placed within this area provided that all branches below
eight (8) feet are removed). A visual clearance area is the triangular area formed by
measuring a 30-foot distance along the street right-of-way and the driveway, and then
connecting these two (2), 30-foot distance points with a straight line. As indicated on
the site plan, no structures are proposed to be located within the Clear Vision Area, as
required by this section.
Minimum Off-Street Parkinq: Section 18.106.030.(C)(22) requires a minimum of one
(1) parking space for each 350 square feet of gross floor area for Professional
Services, Financial Services and Personal Services. Based on one (1) space for each
350 square feet of gross floor area, a minimum of 94 parking spaces are required for this
project. A total of 102 parking spaces are proposed. A total of five (5) parking spaces will
apparently be lost as a land use buffer area for the existing detached single-family residence
located to the east of a portion of the parking lot is required. However, after deduction of
these spaces the site will still comply with the minimum parking ratio by providing 97 parking
spaces.
It should be noted that because the site is roughly utilizing the minimum Professional and
Administrative Office use category as a parking ratio that other uses such as Medical and
Dental office use types would not be permitted unless this use represented a small portion of
the total building square footage or additional off-street parking was developed. Medical
and Dental uses require one (1) parking space for each 200 square feet of gross floor area.
The Americans with Disabilities Act (ADA): Section 18.106.020(M) became effective
on January 26, 1992. All parking areas shall be provided with the required numbers
and sizes of disabled person parking spaces as specified by applicable State of
Oregon and federal standards. All disabled person parking spaces shall be signed
and marked on the pavement as required by these standards. This section requires
five (5) disabled parking spaces if one hundred and one (101) to one hundred and fifty
(150) parking spaces are provided. The plan provides five (5) disabled parking spaces.
Because the applicant is proposing to develop 97 parking spaces, the plan currently
exceeds the minimum requirement.
Bicvcle Parkinq: Section 18.106.020(P) requires one (1) bicycle parking rack space for
each 15 vehicular parking spaces in any development. Bicycle parking areas shall
not be located within parking aisles, landscape areas, or pedestrian ways. A minimum
of seven (7) bicycle parking spaces are required for this development. The plans indicate
that a total of ten (10) bicycle parking spaces will be provided which exceeds the minimum
standard.
NOTICE OF DECISION SDR 97-0014NAR 97-0018-HALL PARK OFFICE CENTER PAGE 6 OF 14
:�
Jff-Street Loadinq spa...:s: Section 18.106.080 require� ,at every commercial or
/ industrial use having floor area of 10,000 square feet or more, shall have at least one
(1) off-street loading space on site. This standard is applicable because the building is
over 10,000 square feet. The applicant has proposed an inset curved loading area in front
of the building to comply with this standard. Because of the office use type that is proposed,
large scale trucks "semi" are not expected to service the future users supply needs. For this
reason, the loading space, as designed. is found to comply with the loading standard.
Access: Section 18.108.080 requires that commercial and industrial uses which
require more than 100 parking spaces provide two (2) driveways with a minimum
width of 30 feet and a minimum pavement width of 24 feet. Assuming the applicant
develops ninety-seven (97) parking spaces the total of all proposed and existing
parking spaces that would utilize the existing driveway to SW Hall Boulevard is one-
hundred twenty one (121). The applicant has requested a variance to one (1) of the two
(2) driveways that are required by this standard. The existing driveway that is to be used
exceeds the minimum total width standard at 32 feet of total width. The driveway pavement
width also meets the 24-foot minimum standard.
Access Variance Section 18.108.150 allows the Director to approve, or approve with
conditions, a request for an access variance based on the following findings:
It is not possible to share access; The applicant has requested the Variance access for
the purpose of sharing access among existing parking spaces than that which would
normally be permitted.
There are no other alternative access points on the street in question or from another
street; The site takes access from SW Hall Boulevard which is designated as an Arterial
Street within the City's Comprehensive Plan. Because of the higher traffic volumes, SW Hall
Boulevard is designated to accommodate shared or restricted access and is required of all
new development with access to SW Hall Boulevard. Because of the developed nature of
adjoining properties, altemative points of access are not possible unless the applicant were
to purchase and likely demolish an adjoining residence in order to access an altemate street
such as SW Lomita Avenue. However, this would route commercial traffic through a
residential neighborhood.
The access separation requirements cannot be met; The proposed Variance does not
involve separation requirements as the variance requests relief from developing a second
driveway to serve more than 100 parking spaces.
The request is the minimum variance required to provide adequate access; Based on
the developed nature of properties adjoining SW Lomita Avenue, a variance from
developing a second point of access is the least variance that is possible to afford this to
address this requirement.
The approved access or access approved with conditions will result in a safe access;
Access to this site has been reviewed with the Tualatin Valley Fire District who found that
the proposed site access could be revised to comply with applicable Uniform Fire Code
standards. A detailed plan review and revisions for compliance with these standards will be
required to be completed prior to the issuance of building permits.
NOTICE OF DECISION SDR 97-0014NAR 97-0018-HALL PARK OFFICE CENTER PAGE 7 OF 14
� The visual clearance �uirements of Section 18.102 �I be met. Because the
• ' applicant is not proposing to construct any site improvements within the Clear Vision Area,
the applicant is not impacting the line-of-site condition at the existing driveway intersection
on to SW Hall Boulevard. For this reason, this criteria is not found to be applicable.
Walkwavs: Section 18.108.050(A) requires that a walkway be extended from the
ground floor entrance of the structure to the street that provides the required ingress
and egress. Unless impractical, walkways should be constructed between a new
development and neighboring developments. Wherever required walkways cross
vehicle access-driveways or parking lots, such crossings shall be designed and
located for pedestrian safety. Required walkways shall be physically separated from
motor vehicle traffic and parking by either a minimum six (6) inch vertical separation
(curbed), or a minimum three (3) foot horizontal separation; except that pedestrian
crossings of traffic aisles are permitted for distances no greater than 36 feet if
appropriate landscaping, pavement markings, or contrasting pavement materials are
used. Walkways shall be a minimum of four (4) feet in width, exclusive of vehicle
overhangs and obstructions such as mailboxes, benches, bicycle racks, and sign
posts, and shall be in compliance with ADA standards. The applicant has proposed to '
construct a walkway from SW Hall Boulevard to the building entrance. The walkway, as
proposed, is four (4) feet in width and is physically separated from motor vehicle traffic
except where the walkway crosses a driveway that serves an existing detached single-family
residence. It is likely that the driveway would be crossed by an additional driveway upon
development or redevelopment of the properties adjoining SW Hall Boulevard, but no more
direct walkway or other unobstructed walkway alignment is possible without acquiring ROW
given the existing development constraints on adjoining properties.
Si ns: Section 18.114.130(D) lists the type of allowable signs and sign area permitted
in the C-P Zone. All signs shall conform to the provisions listed in this code section. All
signs shall be approved through the Sign Permit process as administered by the
Development Services Technicians.
Mixed Solid Waste and Recvclables Storaqe: Section 18.116 requires that new
construction incorporates functional and adequate space for on-site storage and
efficient collection of mixed solid waste and source separated Recyclables prior to
pick-up and removal by haulers. The applicant must choose one (1) of the following
four (4) methods to demonstrate compliance: Minimum Standard, Waste
Assessment, Comprehensive Recycling Plan, or Franchised Hauler Review and Sign-
Off. The applic�nt will have to submit evidence or a plan which indicates compliance
with this section. Regardless of which method chosen, the applicant will have to
submit a written sign-off from the franchise hauler regarding the facility location and
compatibility. The proposed site plan includes a waste and recycling facility within the
proposed parking lot. The applicant shall provide a written sign-off from the hauler regarding
the design and location of the trash and recycling container in compliance with this section.
Site Develoament Review - Approval Standards• Section 18.120.180(A)(1) requires
that a development proposal be found to be consistent with the various standards of
the Community Development Code. The applicable criteria in this case are Chapters
18.32, 18.64, 18.100, 18.102, 18.106, 18.108, 18.114, 18.120, 18.150 and 18.164. The
proposal's consistency with these Code Chapters is reviewed in the following
sections. The proposal contains no elements related to the provisions of Sections 18.80
(Planned Developments); 18.84 (Sensitive Lands); 18.92 (Density Computations); 18.94
NOTICE OF DECISION SDR 97-0014NAR 97-0018-HALL PARK OFFICE CENTER PAGE 8 OF 14
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AGENDA
�-
City of Tigard
TIGARD PLANNING COMMISSION ����
DECEMBER 6, 1999 — 7:30 P.M. s��a&r�,.c�,
TIGARD CIVIC CENTER - TOWN HALL
13125 SW HALL BOULEVARD
TIGARD, OREGON 97223
1. CALL TO ORDER
2. ROLL CALL
3. PLANNING COMMISSION COMMUNICATIONS
4. APPROVE MINUTES
5. PUBLIC HEARINGS
5.1 CONDITIONAL USE PERMIT (CUP) 1999-00001/PLANNED DEVELOPMENT REVIEW (PDR) 1999-
00002NARIANCE (VAR) 1999-00024/SETBACK ADJUSTMENT (MIS) 1999-00026
SWAMI VISWA TEMPLE EXPANSION
The applicant has requested Conditional Use Approval to expand the existing Ashram (temple). The
applicant is also requesting Planned Development approval to allow the residential use of two bedrooms
for the residents and eight guestrooms. A variance has been requested to the access width. An
adjustment to the front yard setback for a religious facility has also been requested. LOCATION: The site
is located at 11515 SW Hall Blvd. The properties are also identified as WCTM 1S135DA Tax Lot 1400 and
3503. ZONES: C-P; Professional Commercial. APPLICABLE REVIEW CRITERIA: Community
Development Code Chapters 18.330, 18.370, 18.390, 18.510, 18.530, 18.705, 18.745, 18.765, 18.775,
18.790, 18.795 and 18.810.
5.2 SUBDIVISION (SUB) 1999-000051PLANNED DEVELOPMENT REVIEW(PDR) 1999-00001
MAPLERIDGE ESTATES SUBDIVISION
REQUEST: A Subdivision and Planned Development approval to create 24, single-family attached dwelling
units. The applicant is requesting Planned Development overlay designation and conceptual plan and
detailed plan review as part of this application. There are wetlands on-site, however, because they are
jurisdictional only, no Sensitive Lands Review is required by the City. The applicant is also requesting
adjustment of the wetland buffer in accordance with Unified Sewerage Agency (USA) standards.
LOCATION: The project site is located on the southwest corner of SW 87th Avenue and SW Locust Street;
WCTM 1S135AA, Tax Lots 500, 590 and 600. ZONE: R-12 and R-4.5. APPLICABLE REVIEW CRITERIA:
Community Development Code Chapters 18.350 (Planned Developments); 18.390 (Decision Making
Procedures); 18.430 (Subdivision); 18.510 (Residential Zoning Districts); 18.705 (Access, Egress and
Circulation); 18.715 (Density Computation); 18.720 (Design Compatibility Standards); 18.730 (Exceptions
to Development Standards) 18.745 (Landscaping and Screening); 18.765 (Off-Street Parking); 18.775
(Sensitive Lands); 18.780 (Signs); 18.790 (Tree Removal); 18.795 (Visual Clearance Areas); and 18.810
(Street and Utility Improvement Standards).
6. OTHER BUSINESS
7. ADJOURNMENT
-' Agenda Item: b.
Hearin Date: December 6 1999 Time: 7:30 PM
STAFF REPORT TO TNE
^
PLANNING COMMISSION CRY OF TIGARD
Cnmmunity Devel�pment
FOR TNE CITY OF TICARD, OREGON S�p=��Better�ommun�t�
120 DAYS = 1/12/2000
SECTION I. APPLICATION SUMMARY
SWAMI VISWA PREMANANDA TEMPLE ADDITION
CASES: Conditional Use Permit CUP1999-00001
Planned Development PDR 1999-00002
Variance VAR 1999-00024
Setback Adjustment MIS 1999-00026
APPLICANT/ Swami Viswa Premananda PLANNING Alpha Engineering
OWNERS: 11515 SW Hall Boulevard CONSULTANT: Mike Miller, Project Mgr.
Tigard, OR 97223 Plaza West, Suite 230
9600 SW Oak Street
- Portland, OR 97223
PROPOSAL: The applicant has requested Conditional Use Approval to construct a
temple and Planned Development approval for expansion of the existing
Ashram (temple) to allow residential use of two (2) bedrooms for the
residents and eight (8) guestrooms. A Variance has been requested to
the access width, as well as an Adjustment to the front yard setback for a
religious facility has been requested.
LOCATION: The subject site is located at 11515 SW Hall Boulevard. The properties
are also identified as WCTM 1S135DA, Tax Lots 1400 and 3503.
COMPREHENSIVE
PLAN and
ZONING
DESIGNATION: C-P; Professional Commercial.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.330, 18.350, 18.370, 18.390,
18.510, 18.530, 18.705, 18.745, 18.765, 18.775, 18.790, 18.795 and
18.810.
SECTION II. STAFF RECOMMENDATION �
Staff recommends that the Planning Commission find that the proposed Conditional Use
Permit will not adversely affect the health, safety and welfare of the City and meets the
Approval Standards for a Conditional Use. Therefore, Staff recommends APPROVAL,
subject to the following recommended Conditions of Approval:
SWAMI VISWA PREMANANDA TEMPLE ADDITION PAGE 1 OF 23
CUP1999-00001/PDR1999-00002NAR1999-00024/MIS1999-00026 12/6/99 STAFF REPORT TO THE PLANNING COMMISSION
CONDITIONS OF APPROVAL ��
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO FINAL SITE
INSPECTION: (Unless otherwise noted, the Staff contact shall be
BRIAN RAGER, Engineering Department 503-639-4171.)
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF THE
SITE AND/OR BUILDING PERMITS:
Planning Conditions:
1. Submit a detail of the bicycle rack.
2. Submit a revised plan that shows three (3 additional bicycle parking spaces will be
provided.
3. Submit a revised plan that shows a clearly marked walkway across the access
drive/parking lot connecting the existing sidewalk and the proposed sidewalk.
4. Submit a revised plan that shows the 5 proposed parking spaces deleted from the site
plan OR the access drive must be widened to provide, at minimum, a 40-foot
pavement width. The revised plan must show at least one (1) van accessible handicap
space will be provided that includes a 9-foot-wide space with an 8-foot-wide aisle in front
of the proposed development.
5. Submit a floor plan that shows the total area dedicated for living facilities (guestrooms
and resident's rooms) will be less than 3,460 square feet.
6. Submit a lighting plan indicating the location and intensity of the lighting to be
provided. The applicant shall submit details of the lighting plan indicating that the light
will be directed away from residential properties.
7. Hours of operation shall be limited to prohibit worship services from being held before
6:00 PM, Mondays through Fridays.
8. Submit a revised plan the clearly states the site size, the amount of impervious surface
and the amount of landscaped area on the subject site alone.
9. Submit a revised plan showing setback dimensions that scales accurately.
Enqineering Conditions:
10. Prior to issuance of a site and/or building permit, the applicant shall pay an addressing
fee in the amount of $30.
11. Additional right-of-way (ROW) shall be conveyed to the State of Oregon, by and through
its Department of Transportation, Highway Division, along the frontage of SW Hall
Boulevard to increase the right-of-way to 45 feet from centerline. The description shall
be tied to the existing right-of-way centerline. Verification that the conveyance has been
submitted to the State shall be provided to the City Engineering Department. (For
additional information, contact Rick Reeves, Oregon Department of Transportation,
right-of-way Section, 123 NW Flanders, Portland, OR 97209-4037; Phone: 731-8461).
12. The applicant's construction plans shall indicate that they will provide an on-site water
detention facility designed to meet Unified Sewerage Agency (USA) Design Standards,
SWAMI VISWA PREMANANDA TEMPLE ADDITION PAGE 2 OF 23
CUP1999-00001/PDR1999-00002NAR1999-00024/MIS1999-00026 12/6/99 STAFF REPORT TO THE PLANNING COMMISSION
- 13. The applicant shal� �,rovide an on-site water quality t�. .,�ty as required by Unified
Sewerage Agency Design and Construction Standards (adopted by Resolution and
Order No. 96-44). Final plans and calculations shall be submitted to the Engineering
Department (Brian Rager) for review and approval prior to issuance of the building
permit. In addition, a proposed maintenance plan shall be submitted along with the
plans and calculations for review and approval.
14. The applicant shall either place the existing overhead utility lines along SW Hall
Boulevard underground as a part of this project, or they shall pay the fee in-lieu of
undergrounding. The fee shall be calculated by the frontage of the site that is parallel to
the utility lines and will be $27.50 per lineal foot. If the fee option is chosen, the amount
will be $880 and it shall be paid prior to issuance of a site and/or building permit.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO A FINAL BUILDING INSPECTION:
Enqineerinq Conditions:
15. To ensure compliance with Unified Sewerage Agency Design and Construction
Standards, the applicant shall employ the design engineer responsible for the design
and specifications of the private water quality facility to perform construction and visual
observation of the water quality facility for compliance with the design and
specifications. These inspections shall be made at significant stages, and at
completion of the construction. Prior to final building inspection, the design engineer
shall provide the City of Tigard (Inspection Supervisor) with written confirmation that
the water quality facility is in compliance with the design and specifications. Staff
Contact: Hap Watkins, Building Division.
Planninq Condition:
16. Construct all improvements as shown on the approved plans. Any modifications to
plans must be approved by the Planning Division PRIOR to the modification.
FAILURE TO SATISFY THE CONDITIONS OF APPROVAL WITHIN 18 MONTHS
OF THE EFFECTIVE DATE OF THE PLANNING COMMISSION'S DECISION
SHALL RENDER THE PLANNING COMMISSION'S DECISION VOID.
SECTION III. BACKGROUND INFORMATION
Site HistoN:
Staff conducted a computer search for case history on the subject parcels. None of the
parcels had previous land use applications on file. The site has a shared parking agreement
with the office complex to the north (Hall Corporate Center). When this office was
constructed (SDR97-00014NAR97-0008), parking spaces were constructed on the subject
site as well and a variance was approved for access width to allow 117 parking spaces from
one, 30-foot-wide access drive (97 from the shared parking for Hall Corporate Center and
Ashram site and 20 from the daycare site).
Vicinity Information:
The site is bordered north and east by property zoned C-P and are currently developed with
an office complex and a daycare center. The property to the south is zoned R-12 and
developed with an apartment complex and the property to the west is zoned R-4.5 and
developed with single-family residences.
SWAMI VISWA PREMANANDA TEMPLE ADDITION PAGE 3 OF 23
CUP1999-00001/PDR1999-00002NAR1999-00024/MIS1999-00026 12/6/99 STAFF REPORT TO THE PLANNING COMMISSION
Site Information and Propc,�al Description:
The Site is currently developed with a residential house. The proposal is to continue to use
the existing residence as an Ashram (residential dormitory for Monks) and expand it for a
total of 4,840 square feet to allow for 2 full-time residents bedrooms and 8 guestrooms. The
proposal also involves the construction of a 9,000 square foot temple. The applicant is
requesting Variance approval to allow additional parking spaces to be constructed off of a
driveway that is already not in conformance with the required dimensions. They are also
requesting an Adjustment to the front yard setback for a religious facility.
SECTION IV. DECISION MAKING PROCEDURES. PERMITS AND USE:
Use Classification: Section 18.130.020
is s e se ategories.
The applicant is proposing to build a Temple (Religious Institution) and Ashram (Residential
Dormitory Use). The Religious Institution is a Conditional Use in the C-P zone and the
residential use is not allowed unless it is part of a planned development.
Summar Land Use Permits: Chapter 18.310
e ines t e ecision-ma ang type to which the land-use application is assigned.
The adjustment to the front yard setback is a Type I administrative decision. The
Variance is a Ty�e II administrative decision. The proposed use (Religious Institution)
req,uires a Conditional Use permit which is a Type I(I-HO decision. The requested living
fac�lities (residential use) requires a planned development which is a Type III-PC
decision. When applications are heard concurrently, the highest review authority hears
all applications, therefore, all aspects of this application will be reviewed by the
Planning Commission.
Decision Makin Procedures: Chapter 18.390
escri es t e ecision-ma ing procedures.
Type III-PC procedures apply to quasi-judicial permits and actions that predominantly contain
discretionary approval criteria. Type III-PC actions are decided by the Planning Commission
with appeals to or review by the City Council.
SECTION V. NEIGHBORHOOD COMMENTS
No comments were received from surrounding property owners.
SECTION VI. 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
enera pprova riteria
Additional Conditions of Approval)
B. lanned Develo ment Standards
rocess
Specific Planned Development Criteria
C. A licable Develo ment Code Standards
. ariances an �ustments
18.705 (Access, Egress & Circulation)
18.745 Landscaping and Screening)
18.765 Off-Street Parking and Loading Requirements)
18.790 Tree Removal)
18.795 (Visual Clearance)
18.810 (Street and Utility Improvement Standards)
D. Additional Planned Development Criteria
' SWAMI VISWA PREMANANDA TEMPLE ADDITION PAGE 4 OF 23
CUP1999-00001/PDR1999-00002NAR1999-00024/MIS1999-00026 12/6/99 STAFF REPORT TO THE PLANNING COMMISSION
� SECTION Vil. APPL�.,ABLE REVIEW CRITERIA ANL . iNDINGS
Impact Study:
Section 18.390.040.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 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 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.
Any required street improvements to certain collector or higher volume streets and the
Washington County Traffic Impact Fee (TIF) are mitigation measures that are required at the
time of development. Based on a transportation impact study prepared by Mr. David Larson
for the A-Boy Expansion/Dolan II/Resolution 95-61, TIF's are expected to recapture 32
percent of the traffic impact of new development on the Collector and Arterial Street system.
The applicant is being required to dedicate right-of-way to allow an ultimate ri ht-of-way width
of 45 feet (approximately 20, feet of right-of-way). The Engineering �epartment has
estimated the right-of-way acquisition to be approximately $3 per square foot. It is estimated,
therefore, that the value of land being dedicated is $1,920. Upon completion of this
development, the applicant will be required to pay TIF's of approximately $12,461. Based on
the estimate that total TIF fees cover 32 percent of the impact on ma�or street improvements
citywide, a fee that would cover 100 percent of this proJ�ects traffic impact is $38,940
($j2,461 divided by .32). The difference between the TIF paid and the full impact, is
considered an unmitigated impact. Since the TIF paid is $12,461, the unmitigated impact
can be valued at $26,479. Given the estimated cost of the half-street improvement and the
unmitigated impact, the dedication requirement meets the rough proportionality test related to
the impact of the development.
A. SPECIFIC CONDITIONAI. USE APPROVAL CRITERIA
Section 18.330.010.A states that the purpose of this chapter is to provide standards
and procedures under which a conditional use may be permitted, enlarged or altered if
the site is appropriate and if other appropriate conditions of approval can be met.
There are certain uses which due to the nature of the impacts on surrounding land
uses and public facilities require a case-by-case review and analysis.
Section 18.330.020.A states that a request for approval for a new conditional use shall
be processed as a Type III-HO procedure, as regulated by Chapter 18.390.050, using
approval criteria contained in Section 18.330.030A and subject to other requirements
in Chapter 18.330.
The applicable review criteria in this case include the following chapters of the Community
Development Code: 18.330, Conditional Use; 18.350, Planned Development; 18.370,
Variances and AdJ'ustments; 18.390 Decision Making Procedures;18.520, Commercial Zoning
Districts, 18.530, 18.705, Access, Egress and Circulation; 18.745, Landscaping and Screening;
18.765, Off-Street Parking; 18.790, Tree Removal; 18.795, Visual Clearance Areas; and
18.810, Street and Utility Improvement Standards. The development standards and
requirements of these chapters are addressed below.
The proposal contains no elements related to the provisions of the followin� chapters:
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; 18.775, Sensitive Lands; 18.780, Temporary Uses;
18.797, Water Resources Overlay District; and 18.798, Wireless Communications Facilities.
These chapters are, therefore, found to be inapplicable as approval standards.
SWAMI VISWA PREMANANDA TEMPLE ADDITION PAGE 5 OF 23
CUP1999-00001/PDR1999-00002NAR1999-00024/MIS1999-00026 1?J6/99 STAFF REPORT TO THE PLANNING COMMISSION
General Approval Criteria ..,r a Conditional Use: Section 18.���.030: ��
The site size and dimensions provide adequate area for the needs of the proposed use;
The existing site size is 2.25 acres. This report evaluates the proposal and necessary
setbacks, landscaping, etc. and as conditioned, the site size is adequate for the needs of the
proposed expansion.
The characteristics of the site are suitable for the proposed use considering size, shape,
location, topography, and natural features;
The site is relatively flat. There are trees on the site, but the development has been situated in
such a way as to preserve the existing trees.
All required public facilities have adequate capacity to serve the proposal; and
All public facilities including streets, storm and sanitary sewers, and water have adequate
capacity to serve the site as discussed in detail elsewhere in this report.
The applicable requirements of the zoning district are met except as modified by this
chapter.
The following table provides the dimensional standards in the C-P zone, the additional
dimensional requirements and approval standards for Religious Institutions specified The
Conditional Use Standards Section 18.330.050.B.16 and the dimensions proposed for this
development.
STANDARD C-P CONDITIONAL USE PROPOSED
REQUIREMENT
Minimum Lot Size 6,000 sq.ft. 20,000 sq.ft 104,301 sq.ft
Minimum Lot Width 50 ft. SAME AS C-P 190'approx.[3]
Minimum Setbacks
O ft. 25 ft 20 ft."'
- Front yard
- Side facing street on corner&through lots -- 20 ft N/A
- Side yard
0/20 ft[1]. 20 ft 20 ft"'
- Rear yard
- Side of rear yard abutting more restrictive zoning district 0/20 ft[1]. 20 ft 55 ft"'
- Distance between property line and garage entrance
Maximum Height 45 ft. SAME AS C-P 23 ft.approx.[3]
Maximum Site Coverage[2] 85% SAME AS C-P 36% approx.[3J
Minimum Landscape Requirement 15% SAME AS C-P 64% approx.[3J
[1] No setback shall be required except 20 feet shall be required where the zone abuts a residential zoning district
[2] Includes all buildings and impervious surfaces.
[3] Approximate figures are provided where the applicanYs information is not clear or accuracy is questioned. In these instances, more
discussion and detail is provided further in this report.
"' Dimensions specified on plans. Upon scaling, however,distances appear to be less. This is discussed in more detail
further in this report.
As identified in the table above, the applicant's plans show that the dimensional standards for
the base zone are met. The applicant is requesting an adjustment to the front yard setbac;k
dimensions required in the Conditional Use standards. This is discussed further in this
report. The applicant's plans do not provide enough clear information for staff to state
exactly what, the dimensions are because the applicant has included dimensions for the
SWAMI VISWA PREMANANDA TEMPLE ADDITION PAGE 6 OF 23
CUP1999-00001/PDR1999-00002NAR1999-00024/MIS1999-00026 12/6/99 STAFF REPORT TO THE PLANNING COMMISSION
• office park to the north, h�Yvever, the difference between the u�,proximate amount and the
required amount is so great that staff feels confident the standards are met. A condition of
approval should be imposed, however, that requires the applicant to submit detailed
information on the size of the site (in square feet), the impervious surface on the site and the
landscaped area for the site. In addition, the setback dimensions are also in question
because they do not scale off to the dimensions shown.
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.
Other applicable standards of the development code are discussed later in this report.
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, staff can not make a final determination that the
General Approval Criteria for a Conditional Use are satisfied. If the applicant
complies with the following conditions, staff can find that the standards are met or
will be addressed further in this report and conditioned if necessary.
CONDITIONS:
. Submit a revised plan the clearly states the site size, the amount of
impervious surface and the amount of landscaped area on the subject site
alone.
. Submit a revised plan showing setback dimensions that scales accurately.
Additional Conditions of Approval for Conditional Use.
Section 18.330.030.6 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;
Due to the nature of the use, it is anticipated that the majority of activity will take place on the
weekends. However, given that the use shares an access and parking with an office
complex, it is recommended to limit the hours of worship to after 6:00 PM Mondays through
Fridays. It is acknowledged that some activities associated with a religious institution may
take place during the workweek, however, it is important that formal worship services be
scheduled with consideration of surrounding uses, and traffic and parking demands.
Requiring design features which minimize environmental impacts such as noise,
vibration, air pollution, glare, odor and/or dust;
There will be no noise, vibration, air pollution, glare, odor and/or dust associated with this use
above and beyond what is found in an office type use which is permitted in the underlying
zone. In any event, the applicant has proposed buffering and screening between the
adjacent residential uses.
Requiring additional setback areas, lot area, and/or lot depth or width;
Staff feels the existing buffer requirements, as discussed further in this report, are adequate.
SWAMI VISWA PREMANANDA TEMPLE ADDITION PAGE 7 OF 23
CUP1999-00001/PDR1999-00002NAR1999-00024/MISt999-00026 12/6/99 STAFF REPORT TO THE PLANNING COMMIS510N
Limiting the building heig��t, size or lot coverage, and/or locacion on the site; �
Based on the plans submitted, the structures will comply with the height requirements and lot
coverage requirements. The location is in accordance with the setbacks, provided the
adjustment request is approved. Because of this, staff does not feel an additional condition
is necessary.
Designating the size, number, location and/or design of vehicle access points;
Staff does not feel a condition is necessary for this criteria since, as discussed further in this
report, vehicle access is already limited.
Requiring street right-of-way to be dedicated and street(s) to be improved;
The applicant has approximately 32 feet of frontage on SW Hall Boulevard. The right-of-way
is not to the required width of 45 feet from centerline, therefore, the applicant will be required
to dedicate additional right-of-way. This is discussed further under Street Utility and
Improvement Standards.
Requiring landscaping, screening, drainage and/or surfacing of parking and loading
areas;
The majority of parking is existing. The applicant has proposed to construct 5 additional
parking spaces, however, the buildings will be located between any new parking and the
adjacent residential areas. The ability to provide additional parking is discussed in detail
under the Variance discussion section.
Limiting the number, size, location, height and/or lighting of signs;
Signs have not been indicated as proposed, however, compliance with the sign requirements
for the underlying zone should be sufficient in the event that signs are desired.
Limiting or setting standards for the location and/or intensity of outdoor lighting;
The applicant has not provided a lighting plan. Because of this, a condition is warranted
requiring the applicant to submit a lighting plan indicating the location and intensity of the
lighting to be provided. The applicant will be required to submit details of the lighting plan
indicating that the light will be directed away from residential properties.
Requiring berms, screening or landscaping and the establishment of standards for
their installation and maintenance;
Buffering and screening is discussed further in this report. Because the use proposed is no
more intensive than other uses permitted in this zone, staff does not feel that additional
screening, above and beyond what is already required, is necessary.
Requiring and designating the size, height, location and/o�' materials for fences;
No fences are proposed.
Requiring the protection and preservation of existing trees, soils, vegetation,
watercourses, habitat areas and/or drainage areas;
No trees will be removed as a result of this proposal and there are no watercourses, habitat
areas or drainage areas on the site.
Requiring the dedication of sufficient open land area for a greenway adjoining and
within the floodplain when land form alterations and development are allowed within
the 100-year floodplain; and
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� � This development is not �,,.�acent to the 100-year floodplain, _,�erefore, a condition is not
necessary.
Requiring the construction of a pedestrian/bicycle pathway within the floodplain in
accordance with the adopted pedestrian/bicycle pathway plan.
This development is not adjacent to the 100-year floodplain, therefore, a condition is not
necessary.
FINDING: Based on the analysis above, staff finds the following conditions are warranted by
this Conditional Use approval. All other conditions listed are not necessary or will
be addressed elsewhere in this report.
CONDITIONS:
. Submit a lighting plan indicating the location and intensity of the lighting to be
provided. The applicant shall submit details of the lighting plan indicating that
the light will be directed away from residential properties.
. Hours of operation shall be limited to prohibit worship services from being held
before 6:00 PM, Mondays through Fridays.
B. PLANNED DEVELOPMENT APPROVAL CRITERIA
Planned Development (18.350):
Chapter 18.350 allows the option for an applicant to create a more efficient,
economically viable development that preserves natural land features while
implementing the land use designation set forth for the property though the
Comprehensive Plan.
Section 18.350.020.6 states that the Planned Development Review is a three (3)-step
process, as follows:
1. The approval of the planned development overlay zone;
2. The approval of the planned development concept plan; and
3. The approval of the Detailed Development Plan.
The applicant has requested that this application be for Planned Development Overlay
Designation, Conceptual Planned Development and Detailed Planned Development approval
to comply with all three steps in the PD process.
FINDING: Because this proposal requested all three steps and this report evaluates the
proposal for compliance with all standards required to be evaluated, this standard
has been met.
Allowed Uses:
Section 18.350.060.6 states that in all commercial zones, an applicant with a planned
development approval may develop the site to contain all of the uses permitted
outright in the underlying zone and, in addition, a maximum of 25% of the total gross
floor area may be used for multi-family dwellings in those commercial zones that do
not list multi-family dwellings as an outright use.
The total square footage for all structures will be 13,840 square feet, therefore, only 3,460
square feet is permitted to be used for living areas. The floor plan shown for the Ashram has
several areas dedicated for worship, yoga and other group facilities. The applicant has not
provided enough detail for staff to confirm that the total living area (guestrooms) will be less
than 3,460 square feet.
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FINDING: Because the dpplicant has not provided enough aetail for staff to confirm that
the total living area (guest rooms) will be less than 3,460 square feet, this
standard has not been met. If the applicant submits a floor plan that shows the
total area dedicated for living facilities (guest rooms and resident's rooms) will
be less than 3,460 square feet, this standard will be met.
CONDITION:Submit a floor plan that shows the total area dedicated for living facilities (guest
rooms and residenYs rooms) will be less than 3,460 square feet.
Specific Planned Development Approval Criteria.
The Commission shall make findings that the following criteria are satisfied when
approving or approving with conditions, the concept plan. The Commission shall
make findings that the criteria are not satisfied when denying an application.
All the provisions of the land division provisions, Chapters 18.410, 18.420 and 18.430,
shall be met;
This proposal does not involve a division of land, therefore, this standard does not apply.
Except as noted, the provisions of the following chapters shall be utilized as
guidelines. A planned development need not meet these requirements where a
development plan provides alternative designs and methods, if acceptable to the
Commission, that promote the purpose of this section. In each case, the applicant
must provide findings to justify the modification of the standards in the chapters listed
in Subsection 3 below. The developer may choose to provide or the commission may
require additional open space dedication and/or provision of additional amenities,
landscaping or tree planting. Chapter 18.730, Exceptions to Development Standards;
Chapter 18.795, Visual Clearance Areas; Chapter 18.745, Landscaping and Screening;
Chapter 18.765, Off-street Parking and Loading Requirements; Chapter 18.705,
Access, Egress and Circulation; and Chapter 18.780, Signs.
Compliance with this standard is discussed, and conditioned as necessary in the following
section: APPLICABLE DEVELOPMENT CODE STANDARDS.
C. APPLICABLE DEVELOPMENT CODE STANDARDS
Variances and Adjustments (18.370)
Variance to the access width:
The Director may approve, approve with conditions, or deny a request for an
adjustment from the access requirements contained in Chapter 18.705, based on the
following criteria:
It is not possible to share access;
The applicant has requested Variance approval to allow the construction of 5 additional
parking spaces to take access off of an existing 30-foot-wide driveway that serves over 100
vehicles. The Code requires that when more than 99 parking spaces are provided, two,
30-foot-wide access drives or one, 50-foot-wide access drive must be provided. When the
adjacent office complex (Hall Corporate Center) was constructed, a Variance was approved
to the access width. Parking spaces were constructed on the subject site and a joint parking
agreement signed to share parking between this site and the Hall Corporate Center with that
previous approval. At that time, the property to the north was owned by a separate
individual. The property to the north of the access drive is now owned by owners of the Hall
Corporate Center. The applicant has indicated that it is not possible to share an access
because the property owner to the north has not agreed to allow additional land to b�
dedicated for the additional access width. Staff does not agree with this because the Fiall
Corporate Center has recently submitted an application to construct a parking lot on the
property to the north of the access drive. While their proposal does not involve increasing
the access width, staff has informed them that a variance will not be approved and additional
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- parking spaces will not b� �ermitted unless the required wio... is provided. Because the
property to the north will be required to provide the additional access width in order to
develop their parking lot, staff can not state that this request does not need to comply with
the same standards.
There are no other alternative access points on the street in question or from another
street;
Because all the surrounding property is developed, there are no alternative access points to
the site.
The access separation requirements cannot be met;
This standard does not apply because the requested variance does not involve access
separation.
The request is the minimum adjustment required to provide adequate access;
The applicant has access to parking via existing spaces on-site and the shared parking with
the Hall Corporate Center. The existing parking is sufficient to serve the proposed use,
therefore, adding 5 additional parking spaces is not necessary. _
The approved access or access approved with conditions will result in a safe access;
and
Staff does not feel that allowing additional parking spaces to be added to an access drive
that is already narrower than the Code allows is safe. Part of the reasoning for multiple or
wider access drives is to provide access for emergency vehicles. Because the applicant is
only proposing 5 additional parking spaces, and with the shared parking there is already
sufficient parking to serve the proposed use, staff does not feel that it is necessary to make a
bad situation any worse.
The visual clearance requirements of Chapter 18.795 will be met.
The visual clearance standards will continue to be met.
FINDING: Based on the analysis above, staff finds that the variance criteria have not been
met. In order to find that the proposal can be approved without the variance,
the applicant must submit a revised plan that shows the 5 proposed parking
spaces deleted from the site plan OR the access drive must be widened to
provide, at minimum, a 40-foot pavement width.
CONDITION:Submit a revised plan that shows the 5 proposed parking spaces deleted from
the site plan OR the access drive must be widened to provide, at minimum, a
40-foot pavement width.
Adjustment to the Front Yard Setback:
Up to a 25% reduction of the dimensional standards for the front yard setback required
in the base zone may be approved by means of a Type I procedure, as governed by
Section 18.390.030, using approval criteria contained in Subsection B2 below:
A demonstration that the adjustment requested is the least required to achieve the
desired affect; The adjustment will result in the preservation of trees, if trees are
present in the development area; The adjustment will not impede adequate emergency
access to the site; There is not a reasonable alternative to the adjustment which
achieves the desired affect.
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The applicant has reque5�ed an Adjustment to the front yard setback required for a �
Conditional Use. The Conditional Use standards require a 25-foot setback for Religious
Institutions, whereas, the applicant has requested the setback be 20 feet. The front yard
setback is adjacent to the existing daycare which is zoned C-P as well. It makes sense to
allow this adjustment given that the setback will not be detrimental to another persons
privacy or property rights. The reduced setback will not impede adequate emergency access
to the site. Staff feels that, given that this is being reviewed as part o# a Planned
Development which allows flexibility, and that the adjacent property is zoned and developed
commercial, that this Adjustment is reasonable and should be approved.
FINDING: Based on the analysis above, staff finds that the front yard setback adjustment
is acceptable.
Access, Eqress and Circulation:
Walkways:
On-site pedestrian walkways shall comply with the following standards: Walkways
shall extend from the ground floor entrances or from the ground floor landing of stairs,
ramps, or elevators of all commercial, institutional, and industrial uses, to the streets
which provide the required access and egress. Walkways shall provide convenient
connections between buildings in multi-building commercial, institutional, and
industrial complexes. Unless impractical, walkways shall be �onstructed between
new and existing developments and neighboring developments;
There is an existing walkway along the access drive and there is a walkway proposed from
the parking lots to the proposed structures. There is not, however, a clearly marked
connection between the 2 walkways across the parking lot. A condition is necessary to
insure that this is provided.
Wherever required walkways cross vehicle access driveways or parking lots, such
crossings shall be designed and located for pedestrian safety. Required walkways
shall be physically separated from motor vehicle traffic and parking by either a
minimum 6-inch vertical separation (curbed) or a minimum 3-foot horizontal
separation, except that pedestrian crossings of traffic aisles are permitted for
distances no greater than 36 feet if appropriate landscaping, pavement markings, or
contrasting pavement materials are used. Walkways shall be a minimum of four feet in
width, exclusive of vehicle overhangs and obstructions such as mailboxes, benches,
bicycle racks, and sign posts, and shall be in compliance with ADA standards; and
The applicant, as conditioned above, will be required to provide a clearly marked walkway
across the parking lot to connect the existing and proposed walkway. By complying with this
condition, this standard will be satisfied.
Required walkways shall be paved with hard surfaced materials such as concrete,
asphalt, stone, brick, etc. Walkways may be required to be lighted and/or signed as
needed for safety purposes. Soft-surfaced public use pathways may be provided only
� if such pathways are provided in addition to required pathways.
The plans indicate that the proposed walkway will be concrete.
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 100 parking spaces is one 50-foot-wide access with a
40-foot pavement width or two 30-foot-wide access points with 24 feet of pavement.
Vehicular access shall be provided to commercial or industrial uses, and s�all be
located to within 50 feet of the primary ground floor entrances; addi#iona�
requirements for truck traffic may be placed as conditions of site development review.
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� � The access is only 30 feet a�id serves over 100 cars. This was a�.�roved by a Variance as part
of a previous application. The applicant has requested a Variance to allow more parking off of
this driveway. As discussed, staff has recommended against this request.
Director's Authority to Restrict Access:
Section 18.705.030.K states that in order to eliminate the need to use public streets for
movements between commercial and industrial properties, parking areas shall be
designed to connect with parking areas on adjacent properties unless not feasible. The
Director shall require access easements between properties where necessary to provide
for parking area connections.
The site already has shared parking and access, therefore, this standard is satisfied.
FINDING: Based on the analysis above, staff finds that the access and egress standards
are not satisfied, however, if the applicant complies with the condition below, this
standard will be met.
CONDITION: Submit a revised plan that shows a clearly marked walkway across the access
drive/parking lot connecting the existing sidewalk and the proposed sidewalk.
Landscapinq and Screeninq — Chapter 18.745: -
Street trees: Section 18.745.040 states that all development projects fronting on a
public street shall be required to plant street trees in accordance with Section
18.745.040.0 Section 18.745.040.0 required that street trees be spaced between 20
and 40 feet apart depending on the size classification of the tree at maturity (small,
medium or large).
The property has no street frontage other than the access drive, therefore, this standard can
not be applied.
Land Use Buffering and Screening:
Section 18.745.080 requires that at a minimum the buffer between a proposed
Commercial use and residential use must contain a 10-20 foot buffer with trees,
lawn/groundcover, shrubs, and screening.
The property to the west is zoned and developed with existing single-family residential homes.
The applicant must, therefore, provide for a buffer based on the matrix in Table 18.745.2. The
applicanYs plans show the building will be set back 55 feet from the western property line and
landscaping is provided with a laurel hedge, cedar trees and lawn, which provides the most
stringent screening option (Level F). .
Screening - Special Provisions:
Section 18.745.050.E requires the screening 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) parking spaces in order to provide a canopy 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 majority of the parking is existing. The applicant has proposed 5 additional parking spaces
which, if the access drive is widened and the spaces are permitted, will have the required
screening.
FINDING: Based on the analysis above, the landscaping and screening standards have
been fully met.
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Off-Street Parkinq and Loa�inq (18.765): �
Disabled-Accessible 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.
The majority of parking is existing and the proposed parking spaces, which were intended to
be ADA accessible, are not approved unless the access drive is widened. The applicant
must, however, provide for ADA accessible spaces to the new structures. The amount of
spaces required is based on the number of spaces on this site alone (22 spaces), therefore,
one (1) additional ADA space is needed.
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 access drive to the site is existing. As discussed previously, the dimensions are non-
conforming based on the number of parking spaces. Provided they do not increase the
parking spaces already approved, the driveway dimension is acceptable as it has been
approved by a previous Variance.
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 clearly 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 parking lot is existing and parking spaces are clearly marked, therefore, this standard is
satisfied.
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.
The existing parking area has curbs along the perimeter. There is bark dust adjacent to the
parking area that meets the low lying landscape requirement, therefore, this standard is
satisfied.
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. Space and Aisle Dimens,.,ns:
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' x 18.5' for
a standard space and 7.5' x 16.5' for a compact space; aisles accommodating two
direction traffic, or allowing access from both ends, shall be 24 feet in width.
The parking spaces are existing, therefore, this standard does not apply.
Bicycle Parking Location and Access:
Section 18.765.050 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 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.
The proposed bicycle rack is within 50 feet of the entrance Ashram and is not located in
parking aisles, landscape areas or pedestrian ways. _
Bicycle Parking Design Requirements:
Section 18.765.050.C. The following design requirements apply to the installation of
bicycle racks: The racks required for required bicycle parking spaces shall ensure
that bicycles may be securely locked to them without undue inconvenience. Provision
of bicycle lockers for long-term (employee) parking is encouraged but not required;
bicycle racks must be securely anchored to the ground, wall or other structure;
bicycle parking spaces shall be at least 21h feet by six feet long, and, when covered,
with a vertical clearance of seven feet. An access aisle of at least five feet wide shall
be provided and maintained beside or between each row of bicycle parking; each
required bicycle parking space must be accessible without moving another bicycle;
required bicycle parking spaces may not be rented or leased except where required
motor vehicle parking is rented or leased. At-cost or deposit fees for bicycle parking
are exempt from this requirement; 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 drained.
The applicant has not provided detail of the 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 specified in Table
18.768.2 in Section 18.765.070.H. In no case shall there be less than two bicycle
parking spaces.
Table 18.768.2 states that for Religious Institutions, one (1) bicycle parking space is required
for every 20 seats in the main assembly area. The applicant has indicated that there will be up
to 178 chairs in the main assembly, therefore, nine (9) bicycle parking spaces are required.
The applicant has indicated that six (6) bicycle parking spaces will be provided. The applicant
must revise the plan to provide three (3) additional bicycle parking spaces.
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.
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Table 18.765.2 states that l�.a minimum parking for a Religious I�,�citution is one (1) space for �
every two (2) seats. Because up to 178 seats will be provided in the main assembly area, 89
parking spaces are required. There are 22 parking spaces in this site and 74 on the adjacent
site with which the applicant has a shared parking agreement. Because the total number of
spaces available is 96 and the uses are compatible in that the peak hours do not overlap, this
standard has been satisfied. In addition, a condition recommended as part of the Conditional
Use approval will insure that no worship services are scheduled during the "normal" office
hours.
FINDING: Based on the analysis above, the off-street parking and loading standards have
been met. ,
CONDITIONS:
• Submit a revised plan that shows one (1) van accessible handicap space will
be provided that includes a 9-foot-wide space with an 8-foot-wide aisle in front
of the proposed development.
. Submit a detail of the bicycle rack.
. Submit a revised plan that shows three (3) additional bicycle parking spaces
will be provided.
Tree Removal — Chapter 18.790
Section 18.790.030 requires that a tree plan for the planting, removal and protection of
trees prepared by a certified arborist be provided for a conditional use application.
The tree plan shall include identification of all existing trees, Identification of a
program to save existing trees or mitigate tree removal over 12 inches in caliper,
identification of which trees are proposed to be removed, and a protection program
defining standards and methods that will be used by the applicant to protect trees
during and after construction.
The applicant's plans do not show any trees will be removed, therefore, this standard does
not apply.
FINDING: Because the applicant has not proposed to remove and trees, this standard has
been met.
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, 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, therefore, this standard
is satisfied.
FINDING: Based on the analysis above, the standards of Chapter 18.795, Visual
Clearance Areas have been met.
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. Street And Utilit Im ro�, .�ents Standards - Cha ter 18.81�
hapter 18.810 provides construction standards for the implementation of public and
private facilities and utilities such as streets, sewers, and drainage. The applicable
standards are addressed below:
Streets:
Improvements:
Section 18.810.030.A.1 states that streets within a development and streets adjacent
shall be improved in accordance with the Tigard Development Code (TDC) standards.
Section 18.810.030.A.2 states that any new street or additional street width planned as
a portion of an existing street shall be dedicated and improved in accordance with the
TDC.
Minimum Rights-of-Way and Street Widths: Section 18.810.030(E) requires an arterial
street to have a 60 to 90 right-of-way width and 12-foot lanes. Other improvements
required may include on-street parking, sidewalks and bikeways, underground utilities,
street fighting, storm drainage, and street trees.
This site lies adjacent to SW Hall Boulevard, which is classified as an arterial on the City of
Tigard Transportation Plan Map, and is under the jurisdiction of the Oregon Department of
Transportation (ODOT). At present, there is approximately 60 feet of ROW accordin to the
most recent tax assessor's map. This roadway will eventually be widened to have � lanes
with bike lanes. This type of roadway will require the full 90-foot ROW. Therefore, the
applicant should dedicate additional ROW along this frontage to provide 45 feet from the
centerline.
SW Hall Boulevard is currently improved with a centerline-to-curb dimension of
approximately 25 feet. This is an interim width approved by ODOT. There is an existing
driveway apron that serves the site and other ad�acent uses (Kindercare and Hall Park
Office).
ODOT submitted comments, dated November 1, 1999, to the City with regard to this project.
ODOT is concerned about the current width of the shared access into this site. Of particular
concern is the potential for vehicles intending to enter the Kindercare site backing up into Hall
Boulevard due to queuing of exiting cars bTocking the Kindercare access. 060T believes
the access should be widened to provide for three lanes to help alleviate this potential
problem. In addition, ODOT recommends the City require the applicant to schedule their
peak traffic into this site such that there is no conflict with the peak traffic periods generated
by the Kindercare and Hall Park Office sites.
These two issues will be covered in more detail in the Planning Department section of this
report, under Section 18.705, Access, Egress, and Circulation.
Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City
design standards and be located on both sides of arterial, collector and local
residential streets.
There is an existing sidewalk along the frontage of SW Hall Boulevard adjacent to this site.
No further sidewalk improvements are necessary.
Sanitary Sewers:
Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to
serve each new development and to connect developments to existing mains in
accordance with the provisions set forth in Design and Construction Standards for
Sanitary and Surface Water Management (as adopted by the Unified Sewerage A�ency
in 1996 and including any future revisions or amendments) and the adopted policies of
the comprehensive plan.
Over-Sizing: Section 18.810.090.0 states that proposed sewer systems shall include
consideration of additional development within the area as projected by the
Comprehensive Plan.
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Sanitary sewer service for �nis site has been provided as a part of the Hall Park Office -
development. A 3-inch pressure line was installed within the shared driveway aisle and ties
into the existing public sewer line in SW Hall Boulevard. The pressure sewer line is
necessary due to the fact that this site is at a lower elevation that what the public line in Hall
Boulevard can serve. The new building on this site must be constructed to have a sewer
pump system. No further public sewer improvements are necessary.
Storm Drainage:
General Provisions: Section 18.810.100.A states requires developers to make
adequate provisions for storm water and flood water runoff.
Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or
other drainage facility shall be large enough to accommodate potential runoff from its
entire upstream drainage area, whether inside or outside the development. The City
Engineer shall approve the necessary size of the facility, based on the provisions of
Design and Construction Standards for Sanitary and Surface Water Management (as
adopted by the Unified Sewerage Agency in 1996 and including any future revisions or
amendments).
The Hall Park Office development lies uphill of this site. The majority of the storm water from
that development was directed to the north toward the Highway 217 ROW. The drainage
plan for this site should be able to accommodate any sheet flow that reaches this site from
the wooded area north of the proposed building.
Effect on Downstream Drainage: Section 18.810.100.D states that where it is
anticipated by the City Engineer that the additional runoff resulting from the
development will overload an existing drainage facility, the Director and Engineer shall
withhold approval of the development until provisions have been made for
improvement of the potential condition or until provisions have been made for storage
of additional runoff caused by the development in accordance with the Design and
Construction Standards for Sanitary and Surface Water Management (as adopted by
the Unified Sewerage agency in 1996 and including any future revisions or
amendments).
In 1997, the Unified Sewerage Agency (USA) completed a basin study of Fanno Creek and
adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a
recommendation that local governments institute a stormwater detention/effective impervious
area reduction program resulting in no net increase in storm peak flows up to the 25-year
event. The City will require that all new developments resulting in an increase of impervious
surfaces provide onsite detention facilities, unless the development is located adjacent to
Fanno Creek. For those developments adjacent to Fanno Creek, the storm water runoff will
be permitted to discharge without detention.
The applicanYs plan indicates that there will be a vegetated swale constructed adjacent to
the southern boundary of the site. It is not clear whether the applicant intends for this facility
to serve as a detention facility combined with surface water treatment. The applicant may
need to adjust their storm drainage plan to accommodate the detention requirement.
The plan also indicates that the storm water from this site will be directed to an existing storm
drainage line that is located on the adjacent parcels to the east of this site. This existing
private storm drainage line is located within an easement granted in favor of this site, as well
as the Hall Park Office and Kindercare sites. This fact was discovered as a part of the
approval for the Hall Park Office development. No public storm drainage work is necessary
to support this development.
SWAMI VISWA PREMANANDA TEMPLE AODITION PAGE 18 OF 23
CUP1999-00001/PDR1999-00002NAR1999-00024/MIS1999-00026 12/6/99 STAFF REPORT TO THE PLANNING COMMISSION
• Utilities:
Section 18.810.120 states that all utility lines, but not limited to those required for
electric, communication, lighting and cable television services and related facilities
shall be placed underground, except for surface mounted transformers, surface
mounted connection boxes and meter cabinets which may be placed above ground,
temporary utility service facilities during construction, high capacity electric lines
operating at 50,000 volts or above, and:
• The developer shall make all necessary arrangements with the serving utility to
provide the underground services;
• The City reserves the right to approve location of all surface mounted facilities;
• All underground utilities, including sanitary sewers and storm drains installed in
streets by the developer, shall be constructed prior to the surfacing of the streets;
and
• Stubs for service connections shall be long enough to avoid disturbing the street
improvements when service connections are made.
Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a
developer shall pay a fee in-lieu of under-grounding costs when the development is
proposed to take place on a street where existing utilities which are not underground
will serve the development and the approval authority determines that the cost and
technical difficulty of under-grounding the utilities outweighs the benefit of under-
grounding in conjunction with the development. The determination shall be on a case-
by-case basis. The most common, but not the only, such situation is a short frontage
development for which under-grounding would result in the placement of additional
poles, rather than the removal of above-ground utilities facilities. An applicant for a
development which is served by utilities which are not underground and which are
located across a public right-of-way from the applicant's property shall pay a fee in-
lieu of under-grounding.
There are existing overhead utility lines along SW Hall Boulevard. If the fee in-lieu is
proposed, it is equal to $27.50 per lineal foot of street frontage that contains the overhead
liries. The frontage along this site is 32 lineal feet; therefore, the fee would be $880.
ADDITIONAL CITY AND/OR AGENCY CONCERNS REGARDING STREET AND UTILITY
IMPROVEMENT STANDARDS:
Public Water System:
This site lies within the Tualatin Valley Water DistricYs (TVWD) service area. As a part of the
Hall Park Office development, domestic and fire water lines were installed to serve both that
project and this project. No additional public water line work will be necessary to support this
development.
Storm Water Quality:
The City has agreed to enforce Surface Water Management (SWM) regulations established
by the Unified Sewerage Agency (USA) Design and Construction Standards (adopted by
Resolution and Order No. 96-44) which require the construction of on-site water quality
facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained
in 100 percent of the storm water runoff generated from newly created impervious surfaces.
In addition, a maintenance plan shall be submitted indicating the frequency and method to be
used in keeping the facility maintained through the year.
Prior to construction, the applicant shall submit plans and calculations for a water quality
facility that will meet the intent of the USA Design Standards. In addition, the applicant shall
submit a maintenance plan for the facility that must be reviewed and approved by the City
prior to construction.
SWAMI VISWA PAEMANANDA TEMPLE ADDITION PAGE 19 OF 23
CUP1999-00001/PDR1999-00002NAR1999-00024/MIS1999-00026 1216/99 STAFF REPORT TO THE PLANNING COMMISSION
As was stated above, the applicant is proposing to treat the on5ite storm water runoff in a •
vegetated swale. It appears that the site plan has allowed enough room for an adequately
sized swale.
To ensure compliance with Unified Sewerage Agency design and construction standards, the
applicant shall employ the design engineer responsible for the design and specifications of
the private water quality facility to perform construction and visual observation of the water
quality facility for compliance with the design and specifications. These inspections shall be
made at significant stages throughout the project and at completion of the construction. Prior
to final building inspection, the design engineer shall provide the City of Tigard (Inspection
Supervisor) with written confirmation that the water quality facility is in compliance with the
design and specifications.
Grading and Erosion Control:
USA Design and Construction Standards also regulate erosion control to reduce the amount
of sediment and other pollutants reaching the public storm and surface water system
resulting from development, construction, grading, excavating, clearing, and any other activity
which accelerates erosion. Per USA regulations, the applicant is required to submit an
erosion control plan for City review and approval prior to issuance of City permits.
Address Assignments:
The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard
and within the Urban Service Boundary (USB). An addressing fee in the amount of $30 per
address shall be assessed. This fee shall be paid to the City prior to issuance of the site
and/or building permit. For this project, the addressing fee will be $30 to account for the new
building.
FINDING: Based on the analysis above, the street utility and improvement standards have
not been met outright, however, if the applicant complies with conditions 10
through 15 specified at the front of this report, the standards will be met.
D. ADDITIONAL PLANNED DEVELOPMENT CRITERIA
Section 18.350.100(B)(3) (a) through (I) provides additional Planned Development Review
approval standards not necessarily covered by the provisions of the previously listed
sections. These other standards are addressed immediately below with the following
exceptions: The following have been discussed previously in this report and will not be
discussed in this Section: 18.350.100.B.3.b, 18.350.100.6.3.f, 18.350.100.B.3.g,
18.350.100.B.3.i, 18.350.100.B.3.j, 18.350.100.B.3.k
Relationship to the Natural and Physical Environment:
The streets, buildings and other site elements shall be designed and located to
preserve the existing trees, topography and natural drainage to the greatest degree
possible; Structures located on the site shall not be in areas subject to ground
slumping and sliding; There shall be adequate distance between on-site buildings and
other on-site and off-site buildings on ad�oining properties to provide for adequate
light and air circulation and for fire protection; The structures shall be oriented with
consideration for the sun and wind directions, where possible; and Trees preserved to
the extent possible. Replacement of trees is subject to the requirements of Chapter
18.790, Tree Removal.
The buildings have been located on the site to preserve existing trees. There is not
significant topography or drainage that will be affected as a result of this proposal. There are
no known areas of ground slumping or sliding on site. The proposed setbacks will insure that
there is adequate light and air circulation. Fire protection has been considered ai�d the
location of these buildings will not hamper fire protection. There are no trees proposed tc be
removed.
SWAMI VISWA PREMANANDA TEMPLE ADDITION PAGE 20 OF 23
CUP1999-00001/P�R1999-00002NAR1999-00024/MIS1999-00026 12/6/99 STAFF REPORT TO THE PLANNING COMMISSION
• � FINDING: Based on ti�� analysis above, staff finds the rt,acionship to the natural and
physical environment standards have been met.
Privacy and Noise:
Non-residential structures which abut existing residential dwellings shall be located
on the site or be designed in a manner, to the maximum degree possible, to protect
the private areas on the adjoining properties from view and noise;
FINDING: The temple will be the closest structure to the single-family dwellings west of
the site, however, given the distance from the property line and the fact that it is
oriented towards Hall Boulevard, this standard is met. The Ashram is
considered a residential structure, therefore, this standard does not apply to
that structure.
Private Outdoor Area - Multi-Family Use:
In addition to the requirements of subparagraph (3), each ground-level residential
dwelling unit shall have an outdoor private area (patio, terrace, porch) of not less than
48 square feet; Wherever possible, private outdoor open spaces should be oriented
toward the sun; and Private outdoor spaces shall be screened or designed to provide
privacy for the use of the space.
While the use is not truly multi-family, all but 2 of the rooms have a deck, the other 2 have
access to a deck via a shared room.
FINDING: Based on the analysis above, this standard has been met.
Shared Outdoor Recreation Areas - Multi-Family Use:
In addition each multiple-dwelling development shall incorporate shared usable
outdoor recreation areas within the development plan as follows: Studio units up to
and including two bedroom units, 200 square feet per unit; and Three or more
bedroom units, 300 square feet per unit. Shared outdoor recreation space shall be
readily observable from adjacent units for reasons of crime prevention and safety;
The required recreation space may be provided as follows: It may be all outdoor
space; or It may be part outdoor space and part indoor space; for example, an outdoor
tennis court and indoor recreation room; or It may be all public or common space; or It
may be part common space and part private; for example, it could be an outdoor
tennis court, indoor recreation room, and balconies on each unit; or Where balconies
are added to units, the balconies shall not be less than 48 square feet.
While this is not truly multi-family because each room is not a self-contained unit, there are
shared worship areas, yoga classrooms and open space.
FINDING: Based on the analysis above, this standard has been met.
Public Transit:
Provisions for public transit may be required where the site abuts a public transit
route. The required facilities shall be based on: (a) The location of other transit
facilities in the area; and (b) The size and type of the proposed development. The
required facilities shall be limited to such facilities as: (a) A waiting shelter; (b)A turn-
out area for Ioading and unloading; and (c) Hard surface paths connecting the
development to the waiting area.
The access drive fronts SW Hall Boulevard, which is on a transit route, however, because
the entire frontage is taken up by the access drive, this standard can not be applied.
FINDING: Because the entire frontage on the transit route is taken up by the access drive,
there is no place to provide transit facilities and, therefore, this standard can not
be applied.
SWAMI VISWA PREMANANDA TEMPLE ADDITION PAGE 21 OF 23
CUP1999-00001/PDR1999-00002NAR1999-00024/MIS1999-00026 12/6/99 STAFF REPORT TO THE PLANNING COMMISSION
Floodplain Dedication: � �
Where landfill and/or development is allowed within or adjacent to the 100-year
floodplain, the City shall require consideration of the dedication of sufficient open land
area for a greenway adjoining and within the floodplain. This area shall include
portions of. a suitable elevation for the construction of a pedestrian/bicycle pathway
with the floodplain in accordance with the adopted pedestrian bicycle pathway plan.
The proposal is not within or adjacent to the 100-year floodplain, therefore, this standard does
not apply.
FINDING: Because the site is not within or adjacent to the 100-year floodplain, this
standard does not apply.
SECTION VIII. OTHER STAFF COMMENTS
The City Building Division has reviewed the proposed and offered the following comments:
(1) All underlying land division must be consolidated into one legal description, (2) Provide
accessible parking for phase #1, (3) Provide accessible route from all required exists of
phase 1 to the public way. Marked crossings are required; (4) Will there be 2 site permits or
done under 1 for both phases? (5) Occupancy will be based on 200 square feet per person;
(6) Phase 1 is a R-1 congregate residence; (7) Provide a auto fire alarm, manual fire alarm
and fire sprinklers if occupant load is 20; (8) Provide accessible rooms, 1106.2.2,
1106.1.10.6, table 11-B and 1109.25; (9) Correct scale on site plan 1"=30'; (10) Provide fire
truck access to within 150 feet of all exterior walls, a turn-around is required; (11) How many
quests to a guest room? (12) An elevator is required for temple; (13) Area of rescue is
required in lower temple area; (14) Is the lower level a story or a basement?; (15) Type of
construction V-1 HR; (16) Is the dining hall a multi-use room?; (17) Ramp to lower level
slope? (18) Too much to comment on.
The City Police Department has had the opportunity to review the proposal and has
requested that a lighting plan be submitted for review and approval.
The City of Tigard Utility Manager has had the opportunity to review the proposal and
indicated that all sanitary and storm sewer are to be private.
The City of Tigard Property Management/Operations Department has had the
opportunity to review the proposal and has offered no comments or objections.
SECTION IV. AGENCY COMMENTS
The Oregon Department of Transportation has reviewed the proposal and offered the
following comments:
The proposed development's sole access is to Hall Blvd. According to the Oreqon Hiqhwav
Plan, Hall Blvd. Is a State facility with a District highway classification. We have an interest in
ensuring that proposed land uses do not negatively impact the safe and efficient use of this
facility.
We are concerned with the ability of the two lane highway access to safely accommodate the
continued increase in traffic. Particularly, we are concerned that vehicles intending to enter
the Kindercare site may not be able to directly turn in due to queuing which blocks the
access. This could potentially cause vehicles to back up on the highway creating a potential
safety problem. When the adjacent property to the north of the access road develops, th�
access should be widened to accommodate a three lane section. This improvement would
alleviate ODOT's concerns.
SWAMI VISWA PREMANANDA TEMPLE ADDITION PAGE 22 OF 23
CUP1999-00001/PDR1999-00002NAR1999-00024/MIS1999-00026 12/6/99 STAFF REPORT TO THE PLANNING COMMISSION
• • � We recommend the Cit, .;ondition the Temple Expansior� _�ch that their peak traffic
generation ties do not coincide with the peak traffic generation times of the Office
development to the north or the Kindercare development to the southeast of the site. This
condition would allow the Temple to expand without adding traffic pressure to the highway
access.
We encourage the applicant to work with the property to the north of the access road as they
prepare development plans to ensure that the access is widened to accommodate the needs
of all the property owners who share the highway access.
Staff response: These comments have been discussed under the Street, Utility and
Improvement Standards section and Variance discussion of this report.
Unified Sewerage Agency has reviewed the proposal and offered comments which have
been incorporated into the body of this report.
Portland General Electric, NW Natural Gas, TCI Cable, General Telephone, Tri-Met, US
West, and Tualatin Valley Water District were given the opportunity to review this proposal
and submitted no comments or objections.
November 22, 1999
PREPAR BY: ulia Hadjuk DATE
Associate Planner
,_ ---
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E - �`� �� `� November 22, 1999
APPROVED BY: Richard Bewersdorff , DATE
Planning Manager
i:\curpl n�j ul ia\cup99-01.doc
SWAMI VISWA PREMANANDA TEMPLE ADDITION PAGE 23 OF 23
CUP1999-00001/PDR1999-00002NAR1999-00024/MIS1999-00026 12/6/99 STAFF REPORT TO THE PLANNING COMMISSION
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., � �� 13125 SW Hall Blvtl
� Tipard,OR 97223 I
. (503)679-1171 I
(� htlp:l/wNa.ci.tipard.or.us
Community Development Plot date:Sep 21, 1999;C:lmagicWIAGIC03.APR
, REQUEST FOR COMMENTS CITY OF TIGARD
�'animunity!�.eveCopment
RECE�V����tter Com�nunity
DATE: September 22,1999
T0: Brian Moore,P6E Service Desi9n Consultant SEP 2 7 1999
FROM: City of Tigard Plannin9 Division CITY OF TIGARD
STAFF CONTACT: lulia Powell Haiduk,Associate Planner
Phone: [5031639-4111/Fax: [503]684-1291
CONDITIONAL USE PERMIT[CUPI 1999-00001,PLANNED DEVELOPMENT REVIEW[PDRI 1999-00002
VARIANCE[VARI 1999-00024 antl SETBACK ADIUSTMENT[MISI 1999-00026
y �I�iAiNi VI��ViW�'E�iPLE EK�ANSI0�1 �:
The applicant has requested Conditional Use Approval to expand the existing Ashram (temple). The applicant is
also requesting Planned Development approval to allow the residential use of two bedrooms for the residents
and eight guestrooms. A variance has been requested to the access width. An adjustment to the front yard
setback for a religious facility has also been requested. LOCATION: The site is located at 11515 SW Hall Blvd.
The properties are also identified as WCTM 1 S135DA Tax Lot 1400 and 3503. ZONES: C-P; Professional
Commercial. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.370,
18.390, 18.510, 18.530, 18.705, 18.745, 18.765, 18.775, 18.790, 18.795 and 18.810
Attached are the Site Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by
various departments and agencies and from other information available to our staff, a report and recommendation will
be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this
application, WE NEED YOUR COMMENTS BACK BY: WEDNESDAY—OCTOBER 6, 1999. 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:
(rrlease provid'e t�ie foCfawing information� ame of erson[sl ommenting: `��,Q����,�
Phone Number[sl: �"�o ��
�
� CUP 1999-00001//SWAMI VISWA TEMPLE EXPANSION PROPOSAL REQUEST FOR COMMENTS
r
REQUEST FOR COMMENTS CITY OF TIGARD
" Community�T�eveCopment
S(apingA BetterCommunity
DATE: September 22,1999
T0: lulia Huffman,USA/SWM Pro9ram � � � � j� � �
FROM: City of Tigard Planning Division
SEP 2 `` +g���:'
STAFF CONTACT: lulia Powell HaiduK,Associate Planner B
Phone: [5031639-4171/Fax: [5031684-7297 y
--..._..
_--_
CONDITIONAL USE PERMIT[CUPI 1999-00001,PLANNED DEVELOPMENT REVIEW[PDRI 1999-00002
VARIANCE[VARI 1999-00024 and SETBACK ADIUSTMENT[MISI 1999-00026
➢ SWAMI VISWA TEMPLE EI(PANSION Q
The applicant has requested Conditional Use Approval to expand the existing Ashram (temple). The applicant is
also requesting Planned Development approval to allow the residential use of two bedrooms for the residents
and eight guestrooms. A variance has been requested to the access width. An adjustment to the front yard
setback for a religious facility has also been requested. LOCATION: The site is Iocated at 11515 SW Hall Blvd.
The properties are also identified as WCTM 1 S135DA Tax Lot 1400 and 3503. ZONES: C-P; Professional
Commercial. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.370,
18.390, 18.510, 18.530, 18.705, 18.745, 18.765, 18.775, 18.790, 18.795 and 18.810
Attached are the Site Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by
various departments and agencies and from other information available to our staff, a report and recommendation will
be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this
application, WE NEED YOUR COMMENTS BACK BY: WEDNESDAY—OCTOBER 6, 1999. 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:
(���e prov;de che foQo-wi�rg tnforntacion�Name o CI'SOII S ommentin •
la �
Phone Number[sl: ;�� - ��e
CUP 1999-00001//SWAMI VISWA TEMPLE EXPANSION PROPOSAL REQUEST FOR COMMENTS
UNIFIED SEWERAGE AGENCY OF WASHINGTON COUNTY
MEMORANDUM
DATE: October 4, 1999
TO: Julia Hajduk, City of Tigard
FROM: Julia Huffman, USA �,� JL'
SUBJECT: Swami Viswa Temple Expansion, CUP 1999-00001, PDR 1999-00002, VAR
1999-00024, MIS 1999-00026
SANITARY SEWER
The development should be provided with a means of disposal for sanitary sewer. The means of
disposal should be in accordance with R&O 96-44 (Unified Sewerage Agency's Construction
Design Standards, July 1996 edition). Engineer should verify that public sanitary sewer is
available to uphill adjacent properties, or extend service as required by R&O 96-44.
STORM SEWER
The development should have access to public storm sewer. Engineer should verify that public
storm sewer is available to uphill adjacent properties, or extend storm service as required by
R&O 96-44. Hydraulic and hydrological analysis of storm conveyance system is necessary. If
downstream storm conveyance does not have the capacity to convey the volume during a 25-
year, 24-hour storm event, the applicant is responsible for mitigating the flow.
WATER QUALITY
Developer should provide a water quality facility to treat the new impervious surface being
constructed as part of this development.
155 North First Avenue, Suite 270, MS 10 Phone: 503/648-8621
Hillsboro, Oregon 97124-3072 FAX:503/640-3525
REQUEST FOR COMMENTS CITY OF TIGARD
Community�17e�veCapment
S(taping A Better�'ommunity
DATE: September 22,1999
T0: lim Wolf,Tigard Police Department Crime Preuentlon Offcer RECEIVED PLANNING
FROM: City of Tigard Planning Division
SEP 2 91999
STAff CONTACT: lulia Powell Naltluk,Associate Planner �kTY OF TIGARD
Phone: [5031639-4111/fax: [5031684-129]
CONDITIONAL USE PERMIT[CUP)1999-00001,PLANNED DEVELOPMENT REVIEW[PDRI 1999-00002
VARIANCE[VARI 1999-00024 and SETBACK ADIUSTMENT[MISI 1999-00026
➢ SWAMI VISWA TEMPLE ExPANSION Q
The applicant has requested Conditional Use Approval to expand the existing Ashram (temple). The applicant is
also requesting Planned Development approval to allow the residential use of two bedrooms for the residents
and eight guestrooms. A variance has been requested to the access width. An adjustment to the front yard
setback for a religious facility has also been requested. LOCATION: The site is located at 11515 SW Hall Blvd.
The properties are also identified as WCTM 1 S135DA Tax Lot 1400 and 3503. ZONES: C-P; Professional
Commercial. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.370,
18.390, 18.510, 18.530, 18.705, 18.745, 18.765, 18.775, 18.790, 18.795 and 18.810
Attached are the Site Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by
various departments and agencies and from other information available to our staff, a report and recommendation will
be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this
application, WE NEED YOUR COMMENTS BACK BY: WEDNESDAY— OCTOBER 6, 1999. You may use the space
provided below or attach a separate letter to return your comments. If vou are unable to resnond 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:
Q.,�qvi� " \����� Q�o,r"
(2lease provufe tke folzowing inforn�ation�Name of Person[sl ommendng: , �1�
Phone Number[sl: � ��0
CUP 1999-00001//SWAMI VISWA TEMPLE EXPANSION PROPOSAL REQUEST FOR COMMENTS
REQUEST FOR COMMENTS CITY OF TIGARD
Community�Deve[opment
S&apingA Better Community
DATE: September 22,1999
R�CENED PLANNWG
T0: lohn Roy,Property Manager/Operations Department
SEP 2 91999
FROM: City of Tigard Planning Division
�l�OF 71GARD
STAFF CONTACT: lulia Powell Halduk,Associate Planner
Phone: [5031639-4171/Fax: [5031684-1297
CONDITIONAL USE PERMIT[CUPI 1999-00001,PLANNED DEVELOPMENT REVIEW[PDRI 1999-00002
YARIANCE[VARI 1999-00024 and SETBACK ADIUSTMENT[MISI 1999-00026
➢ SWAMI VISWA TEMPLE EI(PANSION Q
The applicant has requested Conditional Use Approval to expand the existing Ashram (temple). The applicant is
also requesting Planned Development approval to allow the residential use of two bedrooms for the residents
and eight guestrooms. A variance has been requested to the access width. An adjustment to the front yard
setback for a religious facility has also been requested. LOCATION: The site is located at 11515 SW Hall Blvd.
The properties are also identified as WCTM 1S135DA Tax Lot 1400 and 3503. ZONES: C-P; Professional
Commercial. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.370,
18.390, 18.510, 18.530, 18.705, 18.745, 18.765, 18.775, 18.790, 18.795 and 18.810
Attached are the Site Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by
various departments and agencies and from other information available to our staff, a report and recommendation will
be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this
application, WE NEED YOUR COMMENTS BACK BY: WEDNESDAY— OCTOBER 6, 1999. 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:
�2lease pro-v�e tFie fol�owtng�nfor„�c:on�Name of Person[sl ommendng:
Phone Number[sl:
CUP 1999-000�1//SWAMI VISWA TEMPLE EXPANSION PROPOSAL REQUEST FOR COMMENTS
w Sep-27-99 07 _ 11A TCI c' _ Helens 50? �97 5686 P . 02
REQUEST FOR COMMENTS CITY OF iIGARD
� ��rr�ururrily�Uerr(�l•mr�rr
,il�a1jr�tJ.;'1�L3c'tf��r(��rrrnr«�rily
�ATE: Se tp ember 22,1999
RECEIVED PLANNING
T0: Pat McCann,TCI Ca6leuision
FROM: Ci of Tigard Pianning Division SEP 2 9 1999
STAFF COHTACT: lulia Powell Halduk,Associate Planner ��nOF71CiARD
Phone: [5031639-41r 1 Fax: [503]684-]29l
CONDITIONAt USE PERMIT[CUP11999-OOOOI,PLANNED UEYELOPMENT REVIEW[PDRI 1999-00002
YARIANCE[VAR]1999-00024 and SETBACN ADIUSTMENT[MISI 1999-00026
.- SWAMI YISWA TEMPlE El(PANSfON -:
The applicant has requested Conditional Use Approvaf to expand the existing Ashram (temple) The applicant is
also reguesting Planned Development approval to allow the residential use of two bedrooms for the residents
and eight guestrooms. A variance has been requested to the access width. An adjustment to the front yard
setback for a reiigious facility has also been requested. LOCATION: The site is located at 11515 SW Hall Blvd.
The properties are also identified as WCTM 1S135DA Tax Lot 1400 and 3503. ZONES: C-P; Professiona{
Commercial. APPLICABLE REVIEW CRITERlA: Community Development Code Chapters 18.330, 18.370, j
� 18.390, 18.510, 18.530, 18.705, 18.745, 18.765, 18.775, 18.790, 18.795 and 18.810 - - JI
Attached are the Site Plan, Vicinity Map and ApplicanYs Statement for your review. Frflm information supplied by
various departments and agencies and from �ther information available td 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: WEDNESDAY— OCTOBER 6,_1999. You may use the space
provided below or attach a separate letter to return your corriments. If vou ar� unable to respond bv the above_date,
please phone the staff contact noted above with your comments and confirm your cornments in writing as soon as
possible. {f you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR
97223.
PLEASf CHECK THE fOLLOWING ITEMS THAT APPIY:
� 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:
�`�rl�r�:r,.•,,��,��:;��rr���,,rr�,t����,,�,��;,,r,���,�,,,�Name of Person[sl Commenting• �� . ���
- - ���i=l% L -� � tirn/
Phone Numher[sl: - � �-- -� ,
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TC I OF TUALAI'I N VALLEY'
14200 S .W. BRIGr�D00� CT.
BFAVERTON , OREGOiV 97045
PHOf�E : ( 503} 605-4895
FA`C : ( 503) 64.6-8004
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BEQUEST F�R COMMENTS ClTY Of TIGARD
Contmunity�Develapment
�A�' Septemher 221999 shaPtnB�{�BetterComrnunit
R�C�IVFD PLANNING •
T0: Taalatin Ya terDistrictAdministrat�uc O�c�s
SEP 2 9 1999
FROM: ' of Ti ard Flannin 'vision
CITY OF?'IGARD
SIAFF CQNTACt lulia Powel!Ha du sociate P[anner
Phone: (503163 111/Fax: [503]684-129T
CONDITIONAI USE PERMIT CCUPI 1999-00001,P[ANNEp pEVELppN1ENT REYIEW(ppg)Zggg.ap
r VARIANCE[VAR1 i999-00024 e�id SETBACN ADIUSTMENT[MIS]i9�99-00026 ��Z
➢ SWAMI VISWA TEMPLE ERPANSION �
� The applicant has requested Conditional Use Approval to expand the existing Ashram (tempfe). The a !rc
also requesting Planned Devefopment approval to allow the resident�ar use of two bedrooms for the�residen's
and eisht guestrooms. A variance has been requested to the access width. An adjustment to the front a ts
setback for a religious facility has also been requested. �OCATtON: The site is lacated at 11515 SW Hall g��rd
_ _The properties are also identifred as WCTM 1S135DA Tax Lot 1400 and 3503. ZONES: d�
C�me�ctar. HrrLii.s�►o�� R�,,;��, --�--^ - C-P; Professional
�..�.�..:.�.---�---_...,:.., .,,......�
18.390, 18.510, 18.530, 18.705, 18.745, 98.765, 18.775, 18.790,,18.795 and 18.810 �n ����tAr�_�R ��n �Q_���
•-r• --.
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Attached are the Site Plan, Vicinity Map and App(icant's Statement for your review. From information su
various departments and agencies and from other information available ta our staff, a report and re PPlied b
be prepared and a decision wili be rendered on the proposal in the near future. If you wish to com
application, �mmendation wi
Y C M N B C B : ment on thi;
provided below or attach a separate letter to retum your c�meSDA f OCT�B�R 6 �g9g, You may use the spacE
please phvne the staff contact noted a b v v e w i t h y o u r c ommen ts and confirm your comments ln writin as so �
y th above datP
passi bfe, ff you have any questions, contact the Tigard Planning Division, 13125 S W H a l l B o�l e v a r d, T i a r d n a.
97223. g , O�
PLEASE CHfCK THE fOLtOWING ITEMS TNATAPpLY:
— We have reviewed the proposal and have no objections to it.
_ Please contact
�. Please refer to the enc(osed letter, of our office,
_ Written comments provided below;
��Please provi�e tfie follmving information) 81lIC Q PCfSQn[S]C01iI111COvllq:
Fdane Number[sl: ��
Z
CUP 1999-00001//SWqM!VISWA TEMPLE EXPANSIOIV
�- PROPOSAL REOIlFCT Fno�.,�...�.,_,.
REQUEST FOR C�MMENTS CITY OF TIGARD
('ommunity�1)cceCopmeirt
S�apingA Better�'oramunity
DATE: September 22,1999
T0: Lori Dorney,US West Communicatlons Engineenng
FROM: Cit�l of Tigard Planning Division
STAFF CONTACT: lulia Powell Najduk,Associate Planner
Phone: [5031639-41T1/Fax: [5031684-1297
CON�ITIONAL USE PERMIT[CUPI 1999-00001,PLANNE�DEVELOPMENT REVIEW[PDRI 1999-00002
YARIANCE[VARI 1999-00024 and SETBACK ADIUSTMENT[MISI 1999-00026
➢ SWAMI VISWA TEMPLE El(PANSION Q
The applicant has requested Conditional Use Approval to expand the existing Ashram (temple). The applicant is
also requesting Planned Development approval to allow the residential use of two bedrooms for the residents
and eight guestrooms. A variance has been requested to the access width. An adjustment to the front yard
setback for a religious facility has also been requested. LOCATION: The site is located at 11515 SW Hall Blvd.
The properties are also identified as WCTM 1 S135DA Tax Lot 1400 and 3503. ZONES: C-P; Professional
Commercial. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.370,
18.390, 18.510, 18.530, 18.705, 18.745, 18.765, 18.775, 18.790, 18.795 and 18.810
Attached are the Site Plan, Vicinity Map and ApplicanYs Statement for your review. From information supplied by
various departments and agencies and from other information available to our staff, a report and recommendation will
be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this
application, WE NEED YOUR COMMENTS BACK BY: WEDNESDAY—OCTOBER 6, 1999. 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:
L:��� �cv �'.��� ��i��=� t���C�
�1�'lease prar,�ide the forro���nfo�rton�Name of Person[sl ommendng: ��
� ��
Phone Numder[sl: � �� �� .� �:�l�-;
CUP 1999-00001//SWAMI VISWA TEMPLE EXPANSION PROPOSAL REQUEST FOR COMMENTS
REQUEST FOR COMMENTS CITY OF TIGARD
Community•De�i�eCopment
S�apingA BetterCommunity
DATE: September 22,1999
T0: Michael Miller,Operauons Utility Manager
FROM: City of Tigard Planning Division
STAFF CONTACT: lulia Powell Haiduk,Associate Planner
Phone: [5031639-4111/Fax: [5031684-729)
CONDITIONAL USE PERMIT[CUP)1999-00001,PLANNED DEVELOPMENT REYIEW[P�R)1999-00002
VARIANCE[VARI 1999-00024 and SETBACK ADIUSTMENT[MISI 1999-00026
➢ SWAMI VISWA TEMPLE E)iPANSION Q
The applicant has requested Conditional Use Approval to expand the existing Ashram (temple). The appiicant is
also requesting Planned Development approval to allow the residential use of two bedrooms for the residents
and eight guestrooms. A variance has been requested to the access width. An adjustment to the front yard
setback for a religious facility has also been requested. LOCATION: The site is Iocated at 11515 SW Hall Bivd.
The properties are also identified as WCTM 1 S135DA Tax Lot 1400 and 3503. ZONES: C-P; Professional
Commercial. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.370,
18.390, 18.510, 18.530, 18.705, 18.745, 18.765, 18.775, 18.790, 18.795 and 18.810
Attached are the Site Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by
various departments and agencies and from other information available to our staff, a report and recommendation will
be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this
application, WE NEED YOUR COMMENTS BACK BY: WEDNESDAY—OCTOBER 6, 1999. 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 CNECK 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:
�%ai5 :� j�t/ �� �A-G.�T/ti� VA�U.F�i ��ATEaL ,�/�'T2�C�T �EYU//LE � �a5'.��. (�ivJ7$°��'
��i�✓c �UA�IMF�,l�1�' .
J � �.' L // -� ' / �./.�':� ,; �f /
tL�-t �1i� i} /.�/�"Y.i �fis- /y �.o�� %�i�i '� r-
�4'lease pro�vid�e tke foc���tnfo�t�on)Name of Person[sl ommenting: ���� '��
Phone Number[sl: � ��
�UP 1999-00001//SWAMI VISWA TEMPLE EXPANSION PROPOSAL REQUEST FOR COMMENTS
REQUEST FOR COMMENTS CITY OF TIGARD
Community�De�vc�opn:ent
S(apingA Better Community
DATE: September 22,1999
T0: Gary Lampella,Building Official RECEIVED PLANNING
FROM: City of Tigard Planning Division SEP 2 9 1999
STAFF CONTACT: lulia Powell Haiduk,Associate Planner CITY OF TlGARD
Phone: [5031639-41T1/Fax: [5031684-1291
CONDITIONAL USE PERMIT[CUPI 1999-00001,PIANNED DEVELOPMENT REVIEW[PDRI 1999-00002
VARIANCE[VARI 1999-00024 and SETBACK ADIUSTMENT[MISI 1999-00026
➢ SWAMI VISWA TEMPLE EKPANSION Q
The applicant has requested Conditional Use Approval to expand the existing Ashram (temple}, The applicant is
also requesting Planned Development approval to allow the residential use of two bedrooms for the residents
and eight guestrooms. A variance has been requested to the access width. An adjustment to the front yard
setback for a religious facility has also been requested. LOCATION: The site is located at 11515 SW Hall Blvd.
The properties are also identified as WCTM 1 S135DA Tax Lot 1400 and 3503. ZONES: C-P; Professional
Commercial. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.370,
18.390, 18.510, 18.530, 18.705, 18.745, 18.765, 18.775, 18.790, 18.795 and 18.810
Attached are the Site Plan, Vicinity Map and ApplicanYs Statement for your review. From information supplied by
various departments and agencies and from other information available to our staff, a report and recommendation will
be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this
application, WE NEED YOUR COMMENTS BACK BY: WEDNESDAY— OCTOBER 6, 1999. You may use the space
provided below or attach a separate letter to return your comments. If you are unable to res o� nd 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 provideAd below: .1
�() Afl in1•Lrrl�i�1 L�x� r/i✓►/i0et �hlt 6C lu�trfi�a/s� ��► 7'lv ��� L�w� ��t��i�7��D'� �L� M����r
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aov sj. Ft- !v Q�lr/rn. �� �IIJ 1 l.( �1 �l'- � rd)1�I�llw�'� 1^�[I�G7I�1C� �) l�i�vu� �l � 4r.�f<J. F�h�
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��YCease provide tke fo���nfo�tro���Name of Person[sl ommen in :- "" '"^ ` ° "
�4� - ' s� �
C�� ���� +J �� �,� c*F� I fcV�{ Phone Number[sl: � v
CUP 1999-00001//SWAMI VISWA TEMPLE EXPANSION PROPOSAL REQUEST FOR COMMENTS
�1�� /t7d /`�K�L f'� �'o�'+��nt c.h
- �
;=-p'F_��
I�N" �$���vq�
��� �.� ����\ n Department of Transportation
� re�Ol j Region 1
m . .�z,
.� :'u�
• I �'�� John A.Kitzhaber,M.D.,Govemor 123 NW Flanders
Portland,OR 97209-4037
(503)731-8200
FAX(503)731-8259
November 1, 1999 F�r.E coDE:
PLA9-2A-TIG-142
City of Tigard
Planning Division
13125 SE Hall Bivd.
Tigard, OR 97223
Att: Julia Hajduk
Subject: CUP 1999-00001, PDR 1999-00002, VAR 1999-00024, MIS 1999-
00026: Swami Viswa Temple Expansion
Hall Blvd. X OR 217
Dear Ms. Hajduk,
The proposed development's sole access is to Hall Blvd. According to the
Oregon Highway Plan, Hall Blvd. is a State facility with a District highway
classification. We have an interest in ensuring that proposed land uses do not
negatively impact the safe and efficient use of this facility.
We are concerned with the ability of the two lane highway access to safely
accommodate the continued increase in traffic. Particularly, we are concerned
that vehicles intending to enter the Kindercare site may not be able to directly
turn in due to queuing which blocks the access. This could potentially cause
vehicles to back up on the highway creating a potential safety problem. When the
adjacent property to the north of the access road redevelops, the access should
be widened to accommodate a three lane section. This improvement would
alleviate ODOT's concerns.
We recommend the City condition the Temple Expansion such that their peak
traffic generation times do not coincide with the peak traffic generation times of
the Office development to the north or the Kindercare development to the
southeast of the site. This condition would allow the Temple to expand without
adding traffic pressure to the highway access.
We encourage the applicant to work with the property to the north of the access
road as they prepare development plans to ensure that the access is widened to
accommodate the needs of all the property owners who share the highway
access.
Farm 734-1850(1/98) �
. 1
If you have any questions regarding the above comments, I can be reached at
731-8258. Please forward a copy of the Notice of Decision with conditions of
approval when rendered on this case.
Thank you, _
Marah Danielson
Planner
Development Review
Cc: Chi Mia, ODOT Region 1
Sam Hunaidi, Ed Miller, ODOT District 2A
MEMORANDUM
CITY OF TIGARD, OREGON
DATE: November 17, 1999
TO: Julia Hajduk, Associate Planner
�
FROM: Brian Rager, Development Review Engineer �
RE: CUP1999-00001, Swami Viswa Temple Expansion
Street And Utility Improvements Standards (Section 18.810�
Chapter 18.810 provides construction standards for the implementation of
public and private facilities and utilities such as streets, sewers, and
drainage. The applicable standards are addressed below:
Streets:
Improvements:
Section 18.810.030.A.1 states that streets within a development and streets
adjacent shall be improved in accordance with the TDC standards.
Section 18.810.030.A.2 states that any new street or additional street width
planned as a portion of an existing street shall be dedicated and improved
in accordance with the TDC.
Minimum Rights-of-Way and Street Widths: Section 18.810.030(E) requires
an arterial street to have a 60 to 90 right-of-way width and 12-foot lanes.
Other improvements required may include on-street parking, sidewalks and
bikeways, underground utilities, street lighting, storm drainage, and street
trees.
This site lies adjacent to SW Hall Boulevard, which is classified as an arterial on
the City of Tigard Transportation Plan Map, and is under the jurisdiction of
ODOT. At present, there is approximately 60 feet of ROW according to the most
recent tax assessor's map. This roadway will eventually be widened to have 5
lanes with bikelanes. This type of roadway will require the full 90-foot ROW.
Therefore, the applicant should dedicate additional ROW along this frontage to
provide 45 feet from the centerline.
SW Hall Boulevard is currently improved with a centerline-to-curb dimension of
approximately 25 feet. This is an interim width approved by ODOT. There is an
existing driveway apron that serves the site and other adjacent uses (Kindercare
and Hall Park Office).
ENGINEERING COMMENTS CUP 1999-00001 Swami Viswa Temple PAGE 1
ODOT submitted comments, dated November 1, 1999, to the City with regard to
this project. ODOT is concerned about the current width of the shared access
into this site. Of particular concern is the potential for vehicles intending to enter
the Kindercare site backing up into Hall Boulevard due to queuing of exiting cars
blocking the Kindercare access. ODOT believes the access should be widened
to provide for three lanes to help alleviate this potential problem. In addition,
ODOT recommends the City require the applicant to schedule their peak traffic
into this site such that there is no conflict with the peak traffic periods generated
by the Kindercare and Hall Park Office sites.
These two issues will be covered in more detail in the Planning Department
section of this report, under Section 18.705, Access, Egress, and Circulation.
Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to
meet City design standards and be located on both sides of arterial,
collector and local residential streets.
There is an existing sidewalk along the frontage of SW Hall Boulevard adjacent
to this site. No further sidewalk improvements are necessary.
Sanitary Sewers:
Sewers Required: Section 18.810.090.A requires that sanitary sewer be
installed to serve each new development and to connect developments to
existing mains in accordance with the provisions set forth in Design and
Construction Standards for Sanitary and Surface Water Management (as
adopted by the Unified Sewerage Agency in 1996 and including any future
revisions or amendments) and the adopted policies of the comprehensive
plan. �
Over-sizing: Section 18.810.090.0 states that proposed sewer systems
shall include consideration of additional development within the area as
projected by the Comprehensive Plan.
Sanitary sewer service for this site has been provided as a part of the Hall Park
Office development. A 3-inch pressure line was installed within the shared
driveway aisle and ties into the existing public sewer line in SW Hall Boulevard.
The pressure sewer line is necessary due to the fact that this site is at a lower
elevation that what the public line in Hall Boulevard can serve. The new building
on this site must be constructed to have a sewer pump system. No further public
sewer improvements are necessary.
ENGINEERING COMMENTS CUP 1999-00001 Swami Viswa Temple PAGE 2
Storm Drainage:
General Provisions: Section 18.810.100.A states requires developers to
make adequate provisions for storm water and flood water runoff.
Accommodation of Upstream Drainage: Section 18.810.100.0 states that a
culvert or other drainage facility shall be large enough to accommodate
potential runoff from its entire upstream drainage area, whether inside or
outside the development. The City Engineer shall approve the necessary
size of the facility, based on the provisions of Design and Construction
Standards for Sanitary and Surface Water Management (as adopted by the
Unified Sewerage Agency in 1996 and including any future revisions or
amendments).
The Hall Park Office development lies uphill of this site. The majority of the
storm water from that development was directed to the north toward the Highway
217 ROW. The drainage plan for this site should be able to accommodate any
sheet flow that reaches this site from the wooded area north of the proposed
building.
Effect on Downstream Drainage: Section 18.810.100.D states that where it
is anticipated by the City Engineer that the additional runoff resulting from
the development will overload an existing drainage facility, the Director and
Engineer shall withhold approval of the development until provisions have
been made for improvement of the potential condition or until provisions
have been made for storage of additional runoff caused by the
development in accordance with the Design and Construction Standards
for Sanitary and Surtace Water Management (as adopted by the Unified
Sewerage agency in 1996 and including any future revisions or
amendments).
In 1997, the Unified Sewerage Agency (USA) completed a basin study of Fanno
Creek and adopted the Fanno Creek Watershed Management Plan. Section V of
that plan includes a recommendation that local governments institute a
stormwater detention/efFective impervious area reduction program resulting in no
net increase in storm peak flows up to the 25-year event. The City will require
that all new developments resulting in an increase of impervious surfaces provide
onsite detention facilities, unless the development is located adjacent to Fanno
Creek. For those developments adjacent to Fanno Creek, the storm water runoff
will be permitted to discharge without detention.
The applicanYs plan indicates that there will be a vegetated swale constructed
adjacent to the southern boundary of the site. It is not clear whether the
applicant intends for this facility to serve as a detention facility combined with
surface water treatment. The applicant may need to adjust their storm drainage
plan to accommodate the detention requirement.
ENGINEERING COMMENTS CUP 1999-00001 Swami Viswa Temple PAGE 3
The plan also indicates that the storm water from this site will be directed to an
existing storm drainage line that is located on the adjacent parcels to the east of
this site. This existing private storm drainage line is located within an easement
granted in favor of this site, as well as the Hall Park Office and Kindercare sites.
This fact was discovered as a part of the approval for the Hall Park Office
development. No public storm drainage work is necessary to support this
development.
Utilities:
Section 18.810.120 states that all utility lines, but not limited to those
required for electric, communication, lighting and cable television services
and related facilities shall be placed underground, except for surFace
mounted transformers, surFace mounted connection boxes and meter
cabinets which may be placed above ground, temporary utility service
facilities during construction, high capacity electric lines operating at
50,000 volts or above, and:
• The developer shall make all necessary arrangements with the serving
utility to provide the underground services;
• The City reserves the right to approve location of all surface mounted
facilities;
• All underground utilities, including sanitary sewers and storm drains
installed in streets by the developer, shall be constructed prior to the
surfacing of the streets; and
• Stubs for service connections shall be long enough to avoid disturbing
the street improvements when service connections are made.
Exception to Under-Grounding Requirement: Section 18.810.120.0 states
that a developer shall pay a fee in-lieu of under-grounding costs when the
development is proposed to take place on a street where existing utilities
which are not underground will serve the development and the approval
authority determines that the cost and technical difficulty of under-
grounding the utilities outweighs the benefit of under-grounding in
conjunction with the development. The determination shall be on a case-
by-case basis. The most common, but not the only, such situation is a
short frontage development for which under-grounding would result in the
placement of additional poles, rather than the removal of above-ground
utilities facilities. An applicant for a development which is served by
utilities which are not underground and which are located across a public
right-of-way from the applicant's property shall pay a fee in-lieu of under-
grounding.
ENGINEERING COMMENTS CUP 1999-00001 Swami Viswa Temple PAGE 4
There are existing overhead utility lines along SW Hall Boulevard. If the fee in-
lieu is proposed, it is equal to $ 27.50 per lineal foot of street frontage that
contains the overhead lines. The frontage along this site is 32 lineal feet;
therefore the fee would be $ 880.00.
ADDITIONAL CITY AND/OR AGENCY CONCERNS:
Public Water System:
This site lies within the Tualatin Valley Water District's (NWD) service area. As
a part of the Hall Park Office development, domestic and fire water lines were
installed to serve both that project and this project. No additional public water
line work will be necessary to support this development.
Storm Water Quality:
The City has agreed to enforce SurFace Water Management (SWM)
regulations established by the Unified Sewerage Agency (USA) Design and
Construction Standards (adopted by Resolution and Order No. 96-44)
which require the construction of on-site water quality facilities. The
facilities shall be designed to remove 65 percent of the phosphorus
contained in 100 percent of the storm water runoff generated from newly
created impervious surfaces. In addition, a maintenance plan shall be
submitted indicating the frequency and method to be used in keeping the
facility maintained through the year.
Prior to construction, the applicant shall submit plans and calculations for a water
quality facility that will meet the intent of the USA Design Standards. In addition,
the applicant shall submit a maintenance plan for the facility that must be
reviewed and approved by the City prior to construction.
As was stated above, the applicant is proposing to treat the onsite storm water
runoff in a vegetated swale. It appears that the site plan has allowed enough
room for an adequately sized swale.
To ensure compliance with Unified Sewerage Agency design and construction
standards, the applicant shall employ the design engineer responsible for the
design and specifications of the private water quality facility to perform
construction and visual observation of the water quality facility for compliance
with the design and specifications. These inspections shall be made at
significant stages throughout the project and at completion of the construction.
Prior to final building inspection, the design engineer shall provide the City of
Tigard (Inspection Supervisor) with written confirmation that the water quality
facility is in compliance with the design and specifications.
ENGINEERING COMMENTS CUP 1999-00001 Swami Viswa Temple PAGE 5
Grading and Erosion Control:
USA Design and Construction Standards also regulate erosion control to
reduce the amount of sediment and other pollutants reaching the public
storm and surFace water system resulting from development, construction,
grading, excavating, clearing, and any other activity which accelerates
erosion. Per USA regulations, the applicant is required to submit an
erosion control plan for City review and approval prior to issuance of City
permits.
Address Assignments:
The City of Tigard is responsible for assigning addresses for parcels within the
City of Tigard and within the Urban Service Boundary (USB). An addressing fee
in the amount of$ 30.00 per address shall be assessed. This fee shall be paid to
the City prior to issuance of the site and/or building permit. For this project, the
addressing fee will be $30.00 to account for the new building.
Recommendations:
THE FOLLOWING C�NDITIONS SHALL BE SATISFIED PRIOR TO
ISSUANCE OF THE SITE AND/OR BUILDING PERMIT:
Submit to the Engineering Department (Brian Rager, 639-4171, ext. 318) for
review and approval:
1. Prior to issuance of a site and/or building permit, the applicant shall pay an
addressing fee in the amount of$30.00.
2. Additional right-of-way shall be conveyed to the State of Oregon, by and
through its Department of Transportation, Highway Division, along the
frontage of SW Hall Boulevard to increase the right-of-way to 45 feet from
centerline. The description shall be tied to the existing right-of-way
centerline. Verification that the conveyance has been submitted to the State
shall be provided to the City Engineering Department. (For additional
information, contact Rick Reeves, Oregon Department of Transportation,
Right-of-Way Section, 123 NW Flanders, Portland, OR 97209-4037; Phone:
731-8461).
ENGINEERING COMMENTS CUP 1999-00001 Swami Viswa Temple PAGE 6
3. The applicant's construction plans shall indicate that they will provide an
onsite detention facility designed to meet USA design standards.
4. The applicant shall provide an on-site water quality facility as required by
Unified Sewerage Agency Design and Construction Standards (adopted by
Resolution and Order No. 96-44). Final plans and calculations shall be
submitted to the Engineering Depa�tment (Brian Rager) for review and
approval prior to issuance of the building permit. In addition, a proposed
maintenance plan shall be submitted along with the plans and calculations
for review and approval.
5. The applicant shall either place the existing overhead utility lines along SW
Hall Boulevard underground as a part of this project, or they shall pay the
fee in-lieu of undergrounding. The fee shall be calculated by the frontage of
the site that is parallel to the utility lines and will be $ 27.50 per lineal foot. If
the fee option is chosen, the amount will be $ 880.00 and it shall be paid
prior to issuance of a site and/or building permit.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO A FINAL
BUILDING INSPECTION:
Submit to the Engineering Department (Brian Rager, 639-4171, ext. 318) for
review and approval:
6. To ensure compliance with Unified Sewerage Agency design and
construction standards, the applicant shall employ the design engineer
responsible for the design and specifications of the private water quality
facility to perForm construction and visual observation of the water quality
facility for compliance with the design and specifications. These
inspections shall be made at significant stages, and at completion of the
construction. Prior to final building inspection, the design engineer shall
provide the City of Tigard (Inspection Supervisor) with written confirmation
that the water quality facility is in compliance with the design and
specifications. Staff Contact: Hap Watkins, Building Division.
i:lenglbrianrlcommentslcuplcup1999-00001.bdr.doc
ENGINEERING COMMENTS CUP 1999-00001 Swami Viswa Temple PAGE 7
' REQUEST FOR COMMENTS CITY OF TIGARD
�'ommunity 9UeveCopment
` S�apingA�etter�'ommunity
DATE: September 22,1999
T0: PER ATTACHED
FROM: City of Tigard Plannin9 DiVision
STAFF CONTACT: lulia Powell Halduk,Associate Planner
Phone: [5031639-4171/fax: [503]684-1291
CONDITIONAL USE PERMIT[CUPI 1999-00001,PLANNED DEVELOPMENT REVIEW[PDRI 1999-00002
VARIANCE[VAR]1999-00024 and SETBACK ADlUSTMENT[MISI 1999-00026
➢ SWAMI VISWA TEMPLE ERPANSION Q
The applicant has requested Conditional Use Approval to expand the existing Ashram (temple). The applicant is
also requesting Planned Development approval to allow the residential use of two bedrooms for the residents
and eight guestrooms. A variance has been requested to the access width. An adjustment to the front yard
setback for a religious facility has also been requested. LOCATION: The site is located at 11515 SW Hall Blvd.
The properties are also identified as WCTM 1S135DA Tax Lot 1400 and 3503. ZONES: C-P; Professional
Commercial. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.370,
18.390, 18.510, 18.530, 18.705, 18.745, 18.765, 18.775, 18.790, 18.795 and 18.810
Attached are the Site Plan, Vicinity Map and ApplicanYs Statement for your review. From information supplied by
various departments and agencies and from other information available to our staff, a report and recommendation will
be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this
application, WE NEED YOUR COMMENTS BACK BY: WEDNESDAY— OCTOBER 6, 1999. 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:
��lease provi�e tke foao��tnfo�tton�Name of Person[sl ommenting:
Phone Number[sl:
CUP 1999-00001//SWAMI VISWA TEMPLE EXPANSION PROPOSAL REQUEST FOR COMMENTS
REQUESTFOR COMMENTS
NOTIfICATION LIST FOR LAND USE&COMMUNITY DEYELOPMENTAPPLICATIONS
,
CITArea:[Cl [El [Sl[Wl CITIZEN INVOLVEMENTTFAMS B-]Placefarrevtewinll6raryClTBook[sl
t fiLE NO[S]: � , �: ; ' � FILE NAME[Sl: „�...,a,.,; .'�s��_,_. r . '
CITY OffICES
LONG RANGE PLANNING/Nadine Smith,s��N��. COMMUNITY DVLPMNT.DEPT./o.�Pm��s��s Te���K�a�= POLICE DEPT./Jim Wolf,c���,�P�e�e��q�onKe�
:$UILDING DIVJDavid Scott,a,+d,�o�,K�a� �ENGINEERING OEPTJBrian Rager,o�Pm��ke��we���e� WATER DEPT./Michael Miller,u������sMa��e,
CITY ADMINISTRATION/Cathy Wheatley,cnyR��o�� OPERATIONS DEPT./John Roy,ao��tiMa��a� OTHER
SPECIAL DISTRICTS
TUAL.HILLS PARK&REC.DIST.� '— TUALATIN VALLEY FIRE&RESCUE � '_TUALATIN VALLEY WATER DISTRICT��UNIFIED SWRGE.AGENCY�
Planning Manager Fire Marshall Administrative Office Julia Huffman/SWM Program
15707 SW Walker Road Washington County Fire District PO Box 745 155 N. First Street
BeaveRon,OR 97006 (place in pick-up box) Beaverton,OR 97075 Hillsboro,OR 97124
LOCAL AN�STATE IURISDICTIONS
CITY OF BEAVERTON � CITY OF TUALATIN jlt OR.DEPT.OF FlSH 8 WILDLIFE OR.DIV.OF STATE LANDS
Planning Manager Planning Manager 2501 SW First Avenue 775 Summer Street,NE
Mike Matteucci,Neqnwna coob PO Box 369 PO Box 59 Salem,OR 97310-1337
PO Box 4755 Tualatin,OR 97062 Portland,OR 97207
Beaverton,OR 97076 _OR.PUB.UTILITIES COMM.
_METRO GROWTH MANAGEMENT� _OR.DEPT.OF GEO.&MINERAL IND. 550 Capitol Street,NE
_CITY OF DURHAM � Manager,Community Development 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380
City Manager 600 NE Grand Avenue Portland,OR 97232
PO Box 23483 Portland,OR 97232-2736 US ARMY CORPS.OF ENG.
Durham,OR 97281-3483 OR.DEPT.OF LAND CONSERV.B DVLP 333 SW First Avenue
635 Capitol Street NE,Suite 200 PO Box 2946
_CITY OF KING CITY� Salem,OR 97301-2540 Portland,OR 97208-2946
City Manager _METRO AREA BOUNDARY COMMISSION
15300 SW 116th Avenue 800 NE Oregon Street OREGON DEPT.OF TRANS.(ODOT) WASHINGTON COUNTY jM
King City,OR 97224 Building#16,Suite 540 Aeronautics Division Dept.of Land Use&Trans.
Portland,OR 97232-2109 Tom Highland,P��� 155 N.First Avenue
CITY OF LAKE OSWEGO� 3040 25th Street,SE Suite 350,MS 13
Planning Director �OR.DEPT.OF ENERGY Salem,OR 97310 Hillsboro,OR 97124
PO Box 369 Bonneville Power Administration _Brent Curtis tcaa5�
Lake Oswego,OR 97034 Routing TTRC-Attn: Renae Ferrera �ODOT,REGION 1 � Scott King�cPa•:�
PO Box 3621 Sonya Kazen,o��n.a�.c�b. _Mike Borreson ie���.�
CITY OF PORTLAND Portland,OR 97208-3621 123 NW Flanders Jim Tice ncn•6�
David Knowles,�,�,o e����o��. Portland,OR 97209-4037 Tom Ha
ffY(CurtMd PI.Apps.)
Portland Building 106,Rm. 1002 _OREGON,DEPT.OF ENVIRON.QUALITY _Phil Healyca.*e�nai.a,vvs.>
1120 SW Fifth Avenue 811 SW Sixth Avenue ✓ODOT,REGION 1 -DISTRICT 2A� _Sr.Cartographer coP�ac�,MS,.
Portland,OR 97204 Portland,OR 97204 Jane Estes,r�scea�a�
5440 5W Westgate Drive,Suite 350
ODOT,REGION 1 -DISTRICT 2A Portland,OR 97221-2414
Right-of-Way Section N�a�>
Rick Reeves
123 NW Flanders
Portland,OR 97209-4037
UTILITY PROVIDERS AND SPECIAL AGENCIES
PORTLAND WESTERN R/R, BURLINGTON NORTHERNlSANTA FE R/R,OREGON ELECTRIC R/R(Burongton Northem/santa Fe wR Predecessor)
Robert I.Melbo,President 8 General Manager
110 W. 10th Avenue
Albany,OR 97321
SOUTHERN PACIFIC TRANS.CO.R/R METRO AREA COMMUNICATIONS �TCI CABLEVISION OF OREGON v TRI-MET TRANSIT DVLPMT.
Clifford C.Cabe,Construction Engineer Debra Palmer�n���s oMr� Pat McGann Michael Kiser,Project Planner
5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigad4on Court 710 NE Holladay Street
Portland,OR 97232 1E15 NW 169th Place,S-&020 Beaverton,OR 97005 Portland,OR 97232
Beaverton,OR 97006-4886
�PORTLAND GENERAL ELECTRIC �NW NATURAL GAS COMPANY �_GENERAL TELEPHONE ✓US WEST COMMUNICATIONS
Brian Moore,Svc.Design Consulta�t Scott Palmer Elaine Self,Engineering Patty Stambaugh,Engineering
9480 SW Boeckman Road 220 NW Second Avenue MC: OR030546 8021 SW Capitol Hill Rd,Rm 110
Wilsonville,OR 97070 Portland,OR 97209-3991 Tigard,OR 97281-3416 Portland,OR 97219
TIGARD/TUALATIN SCHOOL DIST.#23J_BEAVERTON SCHOOL DIST.#48 TCI CABLE�npps.e.o�Hamt�o�sewJ
Marsha Butler,Administrative Offices Joy-Gay Pahl,Demographs&Planning Dept. Diana Carpenter
13137 SW Pacific Highway 16550 SW Mer10 Road 3500 SW Bond Street
Tigard,OR 97223 Beaverton,OR 97006 Portland,OR 97232
� -IMO1CApSi At/FOMA►��C'l�{?SIi1tA810N fi W{"BEI!11�1 841�' OP�l�t i{'/B�LCf�RO�EBPr FOA AMS/ALL CI�'FR0.7LCtf.
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Penmeter 535 85784 '
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Taxlot 719 '
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..................................................................................................................... Tlid._.... .........� 1S135DD013.... ; .. ....;...
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Ownerl TEELE,NANCY TRUSTEF :
................................................................................................................................................< .............................................................................................. ......................................................;...........................
Owner2 11660 SW HALL BLVD
........................................................................................................................................... : ....................
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Owner3
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i Ownercity ; TIGARD ;
........... . .. ........ ... .................................... .. _< ...........................................
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OwnerziP. ;_97223 ;
...............................................................................................................................................................< .......................:....................................................................................................
..............................................................................................................._. s Sitestmo 11660 i _
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S iteaddr `
...........................................................................................................................................................:
11660 SW HALL BLVD
.......................................................................:........................_...
` Sitecitk.._........i........................................
__.._: :......................................................................:..............._......._...
........................................................_......................................................................................... Landval ; 63040.00
...............................................
......................................................................................_.... ....._. ,......................................................................:......................................................................;..................._......
Bldgval....._....i__74220,00..............................._........._i. :
..............................................................................__... _ Totalval i 137260.00 _... ......_._......__
............................_................................._......._..................................................___.<
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B ldgsqfl 2528 '
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...... : A t acres 0 40
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...................... ...... .. Yearbudr 1927 '
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Landuse ; �
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TexcodE ; 023.81
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Saledate 07/03/96
..................................................................................................................................................................: .................................,......................................................................i...................................................................._�.........._.................
...... .............._ € Salep�ic?... .._000 i + . _.__..
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............................................... Prop code...:.._101......... ..................
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......................................... .......... .... ......... ................................................................................: Date............'.._19891201.........................................i......................................................................s............................
.............. ..� i Accour�. ..., R276882 '• i
................ .................................................................... ..... _..._.......................:.............................................................:_...................................._.__......._.._................................__
..................................... . ........................................................... ' _X_coord 762D809.37100 � .......................
...............................................< ......................................................................................:...................................................................._j.....
; Y_coord ? 653133.95744 i
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NOU-03-1999 15�29 WASHCO A&T 1ST FLOOR 50368139�9 P.01
� SIqMARY OF �AXES FQR i�#SHItr...�� CaMTY TAX C0.LECTIONS � s '- '
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Droperty: R27b882 1S135Dp-�I� �3.81 �/ � �
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INTEREST AND nl�Ol�i7S BaSED ON A PAY�NT DAT� DN OR BffORf 11/15/1999
i
ID� Eill ID Levied Tax Tax Paid Interest A�aunt Paid pate Paid
i. r IB.33Z8799 (&ILLII� CHARGE) �-- r ` 3,80 8511fi194
Z. I6.936b24 I�ILLING CHARGE) 3.dB 82/�9194
3. 19.942�514 IB�L�IH6 f�lAR6El 1.58 9�/15/96
4. IB.9�b243 IaILLIl6 aRR6El 1.58 82/15/45
' S. iH.9523344 IB3LI�IN6 {�1pR6E) L 56 95l15/96
b. I9.558858 (BZ1.I�IN6 �SE) 1.58 A?JA5/96
7, I8.962�469 {B3LLIN6 aiARGE) 1.58 A5/14/97
: 8. IB.%b136 (BS1l�Ii�6 �) 1.58 82/13/97
: ,
9, 1993.15�57� B 1�5Z1.29 1,521.29 1,521.23 �5J26/94
lb. 1944.53073 A 1�439.83 1,r►.;8.83 1,t38.03 85/t5/95
: 11. 1995.4854 B � 1'347.17 1�3A7.�7 t,347,17 �/15/96
' 1P. 1956.158b93 0 1�648.A8 1,646.AB 1,648.08 85/14/97
' 13. 1997.156525 8 1`�2.78 1,382.7� t�38�.78 B5/i4/98
, 14. 194B.1be287 Q 1�337.01 f,337.@1 1,337.�1 85/I7l99
I
IS. Current Taxes jfar biIl 1999.16�Sti89, Levied taY af i�291.26
Third bate Oue L'eviM 1'ar Tax Aue IntPreSt Third Due Balanca Due
1J3 due Nov 15 ' �43�.42 43@,42 430.� 438.42
' 2!3 I�3@.42 43@.�2 (17.�21 413.28 843,b2
313 �43@.42 43e,42 (21.52} 488.9� 1,c5C.52
; Total Discount 139.74?
ENO OF SIAMWRY � TAXEB
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SAMUEL&JANET HOL1�S CLARENCE&MARY JEAN BRAZIL NIICHAEL NEDELISKY
12215 SW 33Rd Ave PO Box 2306�1 25 82Nd Dr
Portland,OR 97219 Tigard, OR 97281 Gladstone,OR 97027
KAULUWAI CORPORATION OB�MEDIA CORP PREMANANDA ASHRAM BRAHMA
2445 Makiki Heights Dr#A �211 W 11Th Ave 11515 SW Hall Blvd
Honolulu,HI 96822 Eugene, OR 97402 Tigard, OR 97223
ASHRAMA BRAHMAPREMANANDA HARRY SCHAFFER&E Lillian M KENNETH BROYLES&A Jennie
11515 SW Hall Blvd 11245 SW 90Th Ave 11260 SW 90Th Ave
Tigard;OR 97223 Tigard, OR 97223 Tigard, OR 97223
ROBERT&ROSE HEINTZ BRENT MCTAGGART STEPHEN FREEDMAN&Candace Arch
11275 SVi/90Th Ave PO Bos 231207 11300 SW 90'Th Ave
Tigazd,OR 97223 Tigard,OR 97281 Tigazd, OR 97223
BII..LY JACOBY&J Valerie ALICIA&RICHAEtD VICE MARTIN NIARIA JUNG
11325 SW 90Th Ave 11375 SW 90Th Ave 11400 SW 90Th Ave
Tigard, QR 97223 Tigard,OR 97223 Tigard, OR 97223
NANCY&RONALD HEITZ MATTHEW FORI�IAN&A Kathleen C KENT 8i LISA POWLOSKI
11401 SW 90Th Ave 11403 SW 90Th Ave 11405 SW 90Th Ave
Tigard,OR 97223 Tigard.OR 9�223 Tigard, OR 97223
HAROLD WORSECH&K Sandra WII.,LIAM&STEPHANIE SNYDER THOMAS&DORIS DOLL
11450 SW 90Th Ave 11480 SW 90Th Ave 11500 SW 90Th Ave
Tigard, OR 97223 Tigard,OR 97223 Tigard, OR 97223
BEHROOZ& SHEILA ANSARI DEANNA MARIE QUII.LEN ALAN&SOOK I�E BAXTER
11540 SW 90Th Ave 11560 SW 90Th Ave 11650 SW 90Th Ave
Tigard,OR 97223 Tigard, OR 97223 Tigard, OR 97223
DOREEN GRIGG BONME&NORMAN ALANDER DON GR.AHAM&Paul Brossia
11700 SW 90Th Ave PO,Box 2619 11260 SW Hall Blvd
Tigard,OR 97223 White Ciry, OR 97503 Tigard, OR 97223
MARGARET ANN BROWN PAi1L BROSSIA& Don Graham LN PROPERTIES LLC
19065 SW Johnson St 3U0 �Th St 11475 SW Hall Blvd
Beaverton, OR 97006 Lake Oswego, OR 97034 Tigard, OR 97223
L N PROPERTIES LLC KINDER-CARE LEARNING CNTRS INC KEIICO PANG
12725 5W 66Th Ave Estate Tax Real �6-1-t2 Hololio St
Portland, OR 97223 1777 NE Loop�t10#1250 Kaneohe, HI 9674=1
San Antonio,TX 78217
GERALD &10AN CACH ANNA SAYLER MILTON BROWN
1252� SW Main 5t PO Box 23757 2106 SE Ochoco St
Tigard,OR 97223 Tigard,OR 97281 Milwaukie, OR 97222
RAY BARNETT&Mabel Amos SHAWN ROBERTS ELEANOR SCHLAGER&Diana Ashbur
PO Box 230025 11635 SW Hall Blvd#8 11635 SW Hall Blvd#1
Tigard, OR 97281 Tigard, OR 97223 Tigard, OR 97223
CHARLES MENDEL&J Winifred ROBBIN KAY HALL SOLIS JACINTO ULUAN&Mae Rachell
11635 SW Hall Blvd#5 11635 SW Hall Blvd#3 11635 SW Hall Blvd#10
Tigard, OR 97223 Tigard, OR 97223 Tigard, OR 97223
CORRINE ti�LNS &Cathv Lee Price STEVEN PF-III..L�S JOI�1 PAiJL LAWSON JR.
11635 SW Hall Blvd#14 11635 SW Hall Blvd#11 l 1635 SW Hall Blvd#15
Tigard, OR 97223 Tigard, OR 97223 Tigard. OR 97223
ROLAND CHRISTENSEN RAY HAROLD BARNETT&Mabel Amos SAI�LANTHA WRIGH'f-VOSIKA
11635 SW Hall Blvd#17 PO Box 230025 Brvon Keith Johnson
Tigard,OR 97223 Tigard, OR 97281 1163� SW Hall Blvd#18
Tigard, OR 97223
1 S135DD,0100
KAFtEN MEEHAN Nancy Steele, Trustee GARY BRADFORD
11635 SW Hall Blvd#9 P.O. BOX 230057 305 E STh St
Tigard, OR 97223 Tigard, OR 97281 The Dalles, OR 970�8
SEAN&NSTINE VIRMG DONALD IVAN&MARY LOOFBOURO ELIZABETH COSHOW
Ove&Den Arvidson 11410 SW Lomita Ave 11�25 SW Lomita Ave
11�05 SW Lomita Ave Portland, OR 97223 Tigard, OR 97223
Tigard, OR 97223
RICHARD MURRAY&Lowana CLIFFORD&CYNI'I-iIA BERGER LINDA BOUSE&John Bouse
11�40 SW Lomita Ave 11-t5� SW Lomita Ave 11=�70 SW Lomita Ave
Tigard, OR 97223 Tigard, OR 97223 Tigazd, OR 97223
JEFFREY Hi1GHES &10 Bare Tami MARTHA HOCKETT APPLETON PROPERTLES [NC
l L�85 5W Lomita Ave 11�02 SW Lomita Ave 71O0 SW Hampton St#103
Tigard, OR 97223 Tigard, OR 97223 Tigard, OR 97223
'I'pNIIv1Y I-�NRY NEBERT 8c E Susan DAVID&BETTY FITZPATRICK ANDREW I-�RBERHOLZ&L Florence
11530 SW Lomita Ave 761� SW Chestnut St 9G20 SW 9UTh Ave
Tigard, OR 97223 Tigard, OR 97223 Portland,OR 97223
LARRY HERBERHOLZ TIIvIOTHY MCLOUG�II.IN&K Yvonne PING-JUI KAI WANG
9620 SW 90Th Ave 5�00 SW 198Th Ave 22600 SW 93Rd Ter
Portland,OR 97223 Aloha, OR 97007 Tuatatin, OR 97062
7EROIvIE PARKER FERN MACKINNON&Virginia Dale JANG&YON SOON OH
�320 SW Macadam Ave 11625 SW Lomita Ave 11630 SW Lomita Ave
Portland,OR 97201 Tigard, OR 97223 Tigazd,OR 97223
DAVID &MARINA STARLING TIGARD PROPERTIES INC DAVID EMAMI
32 Independence Ave 2106 SE Ochoco St 3380 Barrington Dr
Lake Grove,OR 97035 Milwaukie,OR 97222 West Linn,OR 97068
DONALD SCHAEFFER&Michael Munch
PO Bo.c 82��19
Portland, OR 97282
. ' � �� ^
AFFIDAVIT OF MAILIHG CITYOFTIGARD
�'orrtnturuty�L�eveCopntent
,S(wping f1 BetterCommunity
S7A�o�o�,�Go.� ) .
County of 4Nashington )ss.
City of 7�igard )
I, �atricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am an Adminutrative Spec�aCrst II for the
City of7tgard, `iNashington County, Oregon and that I served the following:
(Check Apqopriate Boz(s)8ebw}
NOTICE OF PENDING LAND USE APPLICATION FOR:
— AMENDED NOTICE (File No.lName Reference)
- City of Tigard Planning Director
�' NOTICE OF DECISION fOR:
— AMENDED NOTICE (file NoJName Re(erence)
- City of Tigard Planning Director
❑X NOTICEOFPUBLICHEARING FOR: � [UP1999-00001/PDR1999-00002/VAR1999-00024/MIS1999-00026
SWAMI VISWA PREMANANDA TEMPLE ADDITION / I I/22/99
— AMENDED NOTICE (File No./Name Reference) (Date of Public Heanng)
.- City of Tigard Planning Director
� Tigard Hearings Officer
0 Tigard Planning Commission
r Tigard City Council
❑ NOTICE OF FINAL ORDER FOR:� I
r-i AMENDED NOTICE (File No./Name Reterence) (Date of Pubiic hiearings)
�� City of Tigard Planning Director
� Tigard Hearings Officer
�; Tigard Planning Commission
� Tigard City Council
NTIE F:
(TypeJKind of Notice)
FOR: � I
(File NolName Reterence) (Date of Public Heanng,if appliqWe)
A copy of the PUBLIC HEARIN6 NOTICE/NOTICE OF DECISION/NOTICE OF FINAL ORDER/OTHER NOTICE[S] of which is attached,
marked �lthlblt "A", was mailed to each named person(s) at the address(s) shown on the attached list(s), marked
Exhlblt"B'� on the 1"day of Nouember,1999, and deposited in the United States Mail on the 1"day of November,1999,
postage prepaid. � % /"
�, . � �� ��-- /
/ ��L/ / � i n ;�l�
( on that Pre r�d Noti
Subscribed and swom/affirmed before me on the � day of �- ,
�.
o��ca,�seu �Ci 1
H ; DiANE M JELDERICS
•'� NOT/IRY PUBUC.pRE�OM
coMM�ss�,No.a�e My Commission Expire .
MY CO�AMISSION D(PIRES SEPT.07,Z003
I�TICE TO�IORTGACEE, LIENH� =R,VENDOR OR SELLER: ��j�j;;���� �q
THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE,
IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER.
CITY OF TIGARD
Commur�ity<t�e��e(c>y�nent
Skaping�Better�'ommunity
PUBLIC HEARING NOTICE
NOTICE IS HEREBY GIVEN THAT THE TIGARD PLANNING COMMISSION, AT A MEETING ON MONDAY.
NOVEMBER 22, 1999 AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL
BOULEVARD, TIGARD, OREGON 97223 TO CONSIDER THE FOLLOWING APPLICATION:
FILE NO(S).: CONDITIONAL USE PERMIT[CUPI 1999-00001
PLANNED DEVELOPMENT REVIEW[PDRI 1999-00002
VARIANCE[VARI 1999-00024
SETBACK ADIUSTMENT[MISI 1999-00026
FILE TITLE: SWAMI VISWA TEMPLE F�[PANSION
APPLICANT/ PLANNING
OWNER: Swami Viswa Premananda CONSULTANT: Alpha Engineering
11515 SW Hall Boulevard Mike Miller, Project Manager
Tigard, OR 97223 Plaza West, Suite 230
9600 SW Oak Street
Portland, OR 97223
REQUEST: The applicant has requested Conditional Use Approval to expand the existing Ashram
(temple). The applicant is also requesting Planned Development approval to allow the
residential use of two bedrooms for the residents and eight guestrooms. A variance has
been requested to the access width. An adjustment to the front yard setback for a
religious facility has also been requested.
LOCATION: The site is located at 11515 SW Hall Boulevard. The properties are also identified as
WCTM 1S135DA, Tax Lots 1400 and 3503.
ZONE: C-P; Professional Commercial.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.330, 18.370, 18.390, 18.510, 18.530,
18.705, 18.745, 18.765, 18.775, 18.790, 18.795 and 18.810.
THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER
18.390 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD
PLANNING COMMISSION AND 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.
CUP1999-00001/SWAMI VISWA TEMPLE EXPANSION NOTICE OF 11/22/99 PLANNING COMMISSION PUBLIC HEARING
AFJYONE WI�HING TO PRESENT 1� fTEN TESTIMONY ON THIS PROPC 1 ACTION MAY DO SO IN WRITING
PRIOR TO OR AT THE PUBLIt, HEARING. ORAL TESTIMONY MAY BE PRES���TED AT THE PUBLIC HEARING. AT
THE PUBLIC HEARING, THE PLANNING COMMISSION WILL RECEIVE A STAFF REPORT PRESENTATION FROM
THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE
PLANNING COMMISSION MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL
INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION.
IF A PERSON SUBMITS EVIDENCE OR DOCUMENTS LESS THAN 7 DAYS PRIOR TO THE PUBLIC HEARING DATE,
THE HEARINGS AUTHORITY MAY ALLOW A CONTINUANCE OF THE HEARING, SUBJECT TO ORS 215.428 OR
227.178. 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 PLANNING COMMISSION WILL BE BASED UPON THE CRITERIA LISTED OR OTHER
CRITERIA IN THE COMPREHENSIVE PLAN OR DEVELOPMENT CODE WHICH THE PERSON BELIEVES TO APPLY
TO THE DECISION. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN
SPECIFICALLY TO THE APPLICABLE CRITERIA IN THE COMPREHENSIVE PLAN OR THE DEVELOPMENT CODE.
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 AND ALL PARTIES TO RESPOND PRECLUDES AN APPEAL, AND FAILURE TO SPECIFY
THE CRITERION FROM THE COMMUNITY DEVELOPMENT CODE OR COMPREHENSIVE PLAN AT WHICH A
COMMENT IS DIRECTED PRECLUDES AN APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT
ISSUE.
ALL DOCUMEN i S 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
COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE
OBTAINED FOR TWENTY-FIVE CENTS (25G) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE
TIME OF THE REQUEST.
FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER 111118 POWCII H81dUlf AT (503)639-4171,
TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223.
m ---- .
-- _-�T ......... ...... . ..
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��V '�t, �, —C—_—� i � --�
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-- �'i `� ' — CUP1999-DUu01
— � j� � � — PDR1999-00002
�� �u— VAR1999-D00�4
-- --s?-- � ,'._ --r,�� � , I � MIS1999-00026
� ���i' � � � I �m � ____________
c�n�� � � �I<� � � � SWAMI VISWA
---r—I°'' i �_ _� '� �� TEMPLE EXPANSION
' r---'��� 2 SUBJECT � �
)--.� � TAX LOTS -�J -�
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CUP1999-00001/SWAMI VISWA TEMPLE EXPANSION NOTICE OF 11/22/99 PLANNING COMMISSION PUBLIC HEARING
. . . . � �`���.an�( A 5 l� ra,�.L
� � ��I�z T B
SAMUEL&JANET HOLMES CLARENCE&MARY JEAN BRAZIL I�IICHAEL NEDELISKY
12215 SW 33Rd Ave PO Box 23064 25 82Nd Dr
Portland, OR 97219 Tigard,OR 97281 Gladstone, OR 97027
KAULUWAI CORPORATION OBIE MEDIA CORP PREMANANDA ASHRAM BRAHMA
2445 Makiki Heights Dr#A 4211 W 11Th Ave 11515 SW Hall Blvd
Honolulu,HI 96822 Eugene, OR 97402 Tigard, OR 97223
ASHRA.MA BRAHMAPREMANANDA. HARRY SCHAFFER&E Lillian M KENNETH BROYI.ES&A 7ennie
11515 SW Hall Blvd 11245 SW 9oTh Ave 11260 SW 90Th Ave
Tigazd,OR 97223 Tigazd, OR 97223 Tigard,OR 97223
ROBERT&ROSE HEINTZ BRENT MCTAGGART STEPI-�N FREEDMAN&Candace Arch
11275 SW 90Th Ave PO Box 231207 11300 SW 90Th Ave
Tigard, OR 97223 Tigard, OR 97281 Tigard,OR 97223
BII.LY JACOBY&J Valerie ALICIA&RICHt1RD VICE MARTIN NiARIA JLJNG
11325 SW 90Th Ave 11375 SW 90Th Ave 11400 SW 90Th Ave
Tigard, OR 97223 Tigard,OR 97223 Tigard,OR 97223
NANCY&RONALD HEITZ �; MAT'1'HEW FORI�IAN&A Kathleen C KENT 8c LISA POWLOSKI
11401 SW 90Th Ave 11403 SW 90Th Ave 11405 SVJ 90Th Ave
Tigazd, OR 97223 Tigazd, OR 97223 Tigard,OR 97223
I-�AROLD WORSECH&K Sandra WII.LIAM&STEPfIANIE SNYDER THOMAS&DORIS DOLL
11450 SW 90Th Ave 11480 SW 90Th Ave 11500 SW 90Th Ave
Tigard,OR 97223 Tigard, OR 97223 Tigazd, OR 97223
BEHROOZ&SHEII,A ANSARI DEANNA MARIE QUII..LEN ALAN&SOOK HEE BAXTER
11540 SW 90Th Ave 11560 SW 90Th Ave 11650 SW 90Th Ave
Tigard,OR 97223 Tigard, OR 97223 Tigard, OR 97223
DOREEN GRIGG T / BONN�&NORMAN ALANDER DON GRAHAM&Paul Brossia
11700 SW 90Th Ave Y PO Box 2619 11260 SW Hall Blvd
Tigard,OR 97223 White City, OR 97503 Tigard, OR 97223
MARGARET ANN BROWN PAUL BROSSIA&Don Graham LN PROPERTIES LLC
19065 SW Johnson St 300 �Th St 11�75 SW Hall Blvd
Beaverton, OR 97006 Lake Oswego, OR 97034 Tigard, OR 97223
A , � . � .
L N PROPERTIES LLC KINDER-CARE LEARNING CNTRS INC KEIICO PANG
12725 SW 66Th Ave Estate Tar Real �6--�-�2 Hololio St
Portland, OR 97223 1777 NE Loop�10 #1250 Kaneohe, HI 9674=�
San Antonio,TX 78217
GERALD &JOAN CACH ANNA SAYLER MII.TON BROWN
12525 SW Main St PO Box 23757 2106 SE Ochoco St
Tigard,OR 97223 Tigard, OR 9'1281 Milwaukie, OR 97222
RAY BARNETT&Mabel Amos SHAWN ROBERTS ELEANOR SCHI,AGER&Diana Ashbur
PO Box 230025 11635 SW Hall Blvd#8 11635 SW Hall Blvd#1
Tigard, OR 97231 Tigard, OR 97223 Tigard, OR 97223
CHARLES MENDEL&J Winifred ROBBIN KAY HALL SOLIS JACINTO IJLUAN&Mae Rachell
11635 SW Hall Blvd#5 11635 SW Hall Blvd#3 11635 SW Hall Blvd#10
Tigard, OR 97223 Tigard, OR 97223 Tigard, OR 97223
CORRINE NtELIUS&Cathv Lee Price STEVEN PHIl.LIPS JO[-W PAUL LAWSON JR.
11635 SW Hall Blvd#14 11635 SW Hall Blvd#11 11635 SW Hall Blvd#15
Tigazd, OR 97223 Tigard, OR 97223 Tigard. OR 97223
ROLAND CHRISTENSEN RAY HA.ROLD BARNETT&Mabei Amos SAI�fANTHA WRIGHT-VOSIK.A
11635 SW Hall Btvd#17 PO Box 230U25 Brvon Keith Johnson
Tigard, OR 97223 Tigard, OR 97281 1163� SW Hall Blvd#18
Tigazd, OR 97223
KAREN MEEHAN NANCY STEELE GARY BRADFORD
11635 SW Hall Blvd#9 11660 SW Hall Blvd 305 E �Th St
Tigard, OR 97223 Tigard, OR 97223 The Dalies, OR 970�8
SEAN&NSTINE VIRMG DONALD IVAN&MARY LOOFBOURO ELIZABETH COSHOW
Ove&Den Arvidson 11410 SW Lomita Ave 11=125 SW Lomita Ave
11405 SW Lomita Ave Portland, OR 97223 Tigard, OR 97223
Tigard, OR 97223
RICHARD MURRAY&Lowana CL�'FORD&CYNTHIA BERGER LINDA BOUSE&John Bouse
11�40 SW Lomita Ave 11�15� SW Lomita Ave 11�170 SW Lomita Ave
Tigard, OR 97223 Tigard, OR 97223 Tigard, OR 97223
JEFFREY HUGI-�S&Jo Bare Tami MARTHA HOCKETT APPLETON PROPERTIES INC
l I=485 SW Lomita Ave 11�02 SW Lomita Ave 710U SW Hampton St #lU3
T'igard, OEt 97223 Tigard,OR 97223 Tigard, OR 97223
TOIvIIvtY E-IENRY NEBERT&E Susan DAVID & BETTY FITZPATRICK ANDREW I-�RBERHOLZ&L Florence
11530 SW Lomita Ave 7G1� SW Chestnut St 9620 SW 9UTh Ave
Tigazd, OR 97223 Tigard, OR 97223 Portland,OR 97223
LARRY I�RBERHOLZ TIlvIOTHY MCLOUGHLIN&K Yvonne PING-J[JI KAI WANG
9620 SW 90Th Ave Sd00 SW 1981fi Ave 22600 SW 93Rd Ter
Portland,OR 97223 Aloha, OR 97007 Tualatin, OR 97062
JEROI�PARKER FERN MACKINNON&Virginia Dale ]ANG&YON SOON OH
5320 SW Macadam Ave 11625 SW Lomita Ave 11630 SW Lomita Ave
Portland,OR 97201 Tigard,OR 97223 Tigard, QR 97223
DAVID &MARINA STARLING TIGARD PROPERTIES INC DAVID EMAMI
32 Independence Ave 2106 SE Ochoco St 3380 Barrington Dr
Lake Grove, OR 97035 Milwaukie, OR 97222 West Linn, OR 97068
DONALD SCHAEFFER&Michael Munch
PO Bos 82549
Portland, OR 97282
�
.�
' -; --� —
.
AFFIDAVIT OF MAILING CITYOF�TIOARD
(;omin u mty,vevelopment
S(rapingA BetterCommunity
S7A�o�o�,�GoN )
County of`iNasFiington )ss.
City of 7igard )
I, ShirCey L. 7reat, being first duly sworn/affirm, on oath depose and say that I am an Administrative SpeciaCist I for the �ity
ofTrgar�f, 'Washington County, Oregon and that I served the following:
(Check Appiopnale 6oa(s)Below)
❑ NOTICE OF: PENDING APPLICATION FOR:I
(TypelKind of Notice) (File No./Name Reference) (t4-Day Comment Penod)
❑ Ciry of Tigard Planning Director
❑ NOTICE Of DECISION fOR:�i
O AMENDED NOTICE (File NolName Re%rence)
O City of Tigard Planning Director
� NoTICE oF RESCHEDULED PUBLIC HEARING FOR: � SWAMI VISWA TEMPLE fJ(PANSION[CUPI 1999-00001
� AMENDED NOTICE (File No.lName Reference) (Date of Pubhc Hearing)
p City of Tigard Planning Director
❑ Tigard Hearings Officer
❑ Tigard Planning Commission
� Tigard City Council
❑ NOTICE OF FINAL ORDER FOR: � �
❑ AMENDED NOTICE (File NoJName Reference) (Date ot Pudic Hearing)
❑ City of Tigard Planning Director
p Tigard Hearings Officer
❑ Tigard Planning Commission
❑ Tigard City Council
A copy of the PUBLIC HEARIN6 NOTICE/NOTICE OF DECISION/NOTICE OF fINAI ORDER/OTHER NOTICE[Sl 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
EIIhlblt"B",on the 5th day of Nouember ,1999, and deposited in the United States Mail on the 5th
day of November , 1999, postage prepaid.
�
' � ��
� (Person that Prepared Notice)
Subscribed and sworn/affirmed before me on.the � �� day of ���N�0. �--/ , Zu�u �'' ,
' ��.�
NOTARY PUBLIC OF ORE60N
OF�IC.IAL SEI1L
SHERMAN S.CASPER My Commission Expires: U3
NOTARY PU�t.lC-OAEGON
CpM�115S10N N0.323409
MY COMMISSION F�(Ptl�S MAY 13,2003
N.OTICE TO MORTGAGEE, LIENH�R,VENDOR OR SELLER: . ,��Hl,�1' A
THE 1�IGARD UEVELOPMENT CODE REQUIRES IF YOU RECEIVE THIS NOTICE,
IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER.
CITY OF TIGARD
Commur:ity lrJez�eCopmerit
HOTICE OF "RESCHEDULED" s��`����"���°"""u„``�
PUBLIC HEARIHG
NOTICE IS HEREBY GIVEN THAT THE NOVEMBER 22, 1999 PLANNING fOMMISSION MEETING HAS BEE►v
RESCHEDULED TO MONDAY, DECEMBER 6, 1999 AT 7:30 PM
IN THE TOWN HALL, OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD,
TIGARD, OREGON 97223 TO CONSIDER THE FOLLOWING APPLICATION:
FILE NO(S).: CONDITIONAL USE PERMIT[CUPI 1999-00001
PLANNED DEVELOPMENT REVIEW[PDR)1999-00002
VARIANCE NAR]1999-00024
SETBACK AUIUSTMENT[MISI 1999-00026
FILE TITLE: SWAMI VISWA TEMPLE ExPANSION
APPLICANT/ PLANNING
OWNER: Swami Viswa Premananda CONSULTANT: Alpha Engineering
11515 SW Hall Boulevard Mike Miller, Project Manager
Tigard, OR 97223 Plaza West, Suite 230
9600 SW Oak Street
Portland, OR 97223
REQUEST: The applicant has requested Conditional Use Approval to expand the existing Ashram
(temple). The applicant is also requesting Planned Development approval to allow the
residential use of finro bedrooms for the residents and eight guestrooms. A variance has
been requested to the access width. An adjustment to the front yard setback for a
religious facility has also been requested.
LOCATION: The site is located at 11515 SW Hall Boulevard. The properties are also identified as
WCTM 1 S135DA, Tax Lots 1400 and 3503.
ZONE: C-P; Professional Commercial.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.330, 18.370, 18.390, 18.510, 18.530,
18.705, 18.745, 18.765, 18.775, 18.790, 18.795 and 18.810.
THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER
18.390 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD
PLANNING COMMISSION AND 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.
CUP1999-00001/SWAMI VISWA TEMPLE EXPANSION "RESCHEDULED PUBLIC HEARING DATE"
NOTICE OF 12/6/99 PLANNING COMMISSION PUBLIC HEARING
ANYONE WISHING TO PRESENT V'�TEN TESTIMONY ON THIS PROPO�ACTION MAY DO SO IN WRITING
PHIOR T�O OR AT THE PUBLIC HEA G. ORAL TESTIMONY MAY BE PRE.. _ ED AT THE PUBLIC HEARING. AT
THE PUBLIC HEARING, THE PLANNING COMMISSION WILL RECEIVE A STAFF REPORT PRESENTATION FROM
THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE
PLANNING COMMISSION MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL
INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION.
IF A PERSON SUBMITS EVIDENCE OR DOCUMENTS LESS THAN 7 DAYS PRIOR TO THE PUBLIC HEARING DATE,
THE HEARINGS AUTHORITY MAY ALLOW A CONTINUANCE OF THE HEARING, SUBJECT TO ORS 215.428 OR
227.178. 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 NLY 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 PLANNING COMMISSION WILL BE BASED UPON THE CRITERIA LISTED OR OTHER
CRITERIA IN THE COMPREHENSIVE PLAN OR DEVELOPMENT CODE WHICH THE PERSON BELIEVES TO APPLY
TO THE DECISION. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN
SPECIFICALLY TO THE APPLICABLE CRITERIA IN THE COMPREHENSIVE PLAN OR THE DEVELOPMENT CODE.
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 AND ALL PARTIES TO RESPOND PRECLUDES AN APPEAL, AND FAILURE TO SPECIFY
THE CRITERION FROM THE COMMUNITY DEVELOPMENT CODE OR COMPREHENSIVE PLAN AT WHICH A
COMMENT IS DIRECTED PRECLUDES AN APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT
ISSUE.
ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT
NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25t) PER PAGE, OR THE CURRENT RATE
CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A
COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE
OBTAINED FOR TWENTY-FIVE CENTS (25�) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE
TIME OF THE REQUEST.
FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER lulia Powell Haiduk AT (503)639-4171,
TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223.
SL �,.........�....,�...,..
,�_ VICINITY MAP
y�r — - - ------------
-- - -- ��� \`I �� CUP I 999-00001
_._ --' PDR 1999-00002
' _. _ i \ —-- � - - _ - VARI999-00024
�T _ __ - i MIS1999-00026
N - � I � _ W i SWAMI YISWA===
- - ° - TEMPLE EXPANSION
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CUP1999-�0001/SWAMI VISWATEMPLE EXPANSION "RESCHEDULED PUBLIC HEARING DATE"
NOTICE OF 12/6/99 PLANNING COMMISSION PUBLIC HEARING
EX�I��'� B
1 S 135DA-00500 1 S 135DA-01000
GRAHAM DON G AND SCHAEFFER DONALD M
11260 SW HALL BLVD PO BOX 82549
TIGARD,OR 97223 PORTLAND,OR 97282
1S135DA-01100 1 5DA-01200
SCHAEFFER DONALD M SCHA ONALD M
PO BOX 23697 PO 23
TIGARD,OR 97281 GARD,OR 97 1
1 S 135DA-01300 1 S 135DA-01400
HOLMES SAMUEL M/JANET M BRAHMA PREMANANDA ASHRAM
12215 SW 33R0 AVE 11515 SW HALL BLVD
PORTLAND,OR 97219 TIGARD,OR 97223
1S135DA-01401 1S135DA-01500
KINDER-CARE LEARNING CNTRS INC LN PROPERTIES LLC
1777 NE LOaP 410#1250 11475 SW HALL BLVD
SAN ANTONIO,TX 78217 TIGARD,OR 97223
1 S135DA-01600 5DA-01700
BRAZIL CLARENCE E&MARY JEAN BRAZIL NCE E 8 MARY JEAN
PO BOX 23064 PO 230
TIGARD,OR 97281 ARD,OR 972 �
1S135DA-01800 1S135DA-01801
NEDELISKY MICHAEL J L N PROPERTIES LLC
25 82ND DR 11481 SW HALL BLVD STE 100
GLADSTONE,OR 97027 TIGARD,OR 97223
1S135DA-01900 1S135DA-02000
BROWN MARGARET ANN OBIE MEDIA CORP
19065 SW JOHNSON AVE 4211 W 11TH
ALOHA,OR 97006 EUGENE,OR 97402
1S135DA-02100 �,/� 1S135DA-02700
MA P�RET ANN STARLING DAVID W&MARINA A
1906 NSON AVE 32 INDEPENDENT AVE
HA,OR 970 LAKE GROVE,OR 97035
1 S 135DA-02701 1 S 135DA-02702
BROYLES M KENNETH NESS HAROLD W DORIS A
11264 SW 90TH 11230 SW 90TH
TIGARD,OR 97223 TIGARD,OR 97223
1S135DA-02801 1S135DA-02802
MCTAGGART BRENT FREEDMAN STEPHEN H&
PO BOX 231207 11300 5W 90TH AVE
TIGARD,OR 97281 TIGARD,OR 97223
1 S 135DA-02803 1 S 135DA-02900
FRE EPHEN H 8 JUNG MARTIN MARIA
1130 H AVE 11400 SW 90TH
ARD,OR 97 TIGARD,OR 97223
1 S 135DA-03000 1 S 135DA-03100
VIRNIG SEAN&JUSTINE SNYDER WILLIAM T&STEPHANIE
11405 SW LOMITA AVE 11480 SW 90TH
TIGARD,OR 97223 TIGARD,OR 97223
1 S 135DA-03200 1 S 135DA-0330a
DOLL THOMAS C AND DORIS M ANSARI BEHROOZ&SHEILA
11500 SW 90TH 11540 SW 90TH AVE
TIGARD,OR 97223 TIGARD,OR 97223
1 S 35DA-03500 1 S 135DA-03503
L N P S LLC BRAHMAPREMANANDA ASHRAMA
11481 LL BLVD 5TE 100 11515 SW HALL BLVD
TI RD,OR 9 3 TIGARD,OR 97223
1S135DA-03800 1S135DA-04200
KAULUWAI CORPORATION GHITA VASILE&DOMNICA
2445-A MAKIKI HEIGHTS DRIVE 11310 SW 90TH AVE
HONOLULU,HI 96822 TIGARD,OR 97223
1 S 135DA-04300 15135D6-00400
SMITH SHARON LOU HOFFMAN MICHAEL J
11330 SW 90TH 1223 NW 24TH#5
TIGARD,OR 97223 PORTLAND,OR 97210
1 S 135D8-00500 1 S 135DB-00600
WHITE PAUL UBARBARA A JACKSON LINDA J
11495 SW 90TH AVE 11545 SW 90TH AVE
TIGARD,OR 97223 TIGARD,OR 97223
1 S135D8-02600 1 S135DB-02602
POWLOSKI C KENT&LISA FAULK JEFF&DOROHTY M
11405 SW 90TH 11435 SW 90TH
TIGARD,OR 97223 TIGARD,OR 97223
1 S 135DB-02603 1 S 135DB-02604
FORMAN MATTHEW B& HEITZ NANCY P AND RONALD L
11403 SW 90TH AVE 11401 SW 90TH
TIGARD,OR 97223 TIGARD,OR 97223
1 S 135DB-12000 1 S 135DC-07900
VICE ALICIA K&RICHARD A BELL LEO LAMAR TRUSTEE
11375 SW 90TH AVE 11635 SW 90TH
TIGARD,OR 97223 TIGARD,OR 97223
1S135DG08100 1S135DC-08200
HANSEN JOYCE I MOLITOR LAWRENCE R/NANCY L
11565 SW 90TH AVE 11587 SW 90TH AVE
TIGARD,OR 97223 TIGARD,OR 97223
1 S 135DD-00100 1 S 135DD-01201
CHRISTIE LACEY TRUSTEE MAINS ELDON H JR AND
22020 SW AEBISHER RD PO BOX 1178
SHERWOOD,OR 97140 HILLSBORO,OR 97123
1 S 135DD-01300 1 S 135DD-01400
STEELE NANCY TRUSTEE SAYLER ANNA R
11660 SW HALL BLVD PO BOX 23757
TIGARD,OR 97223 TIGARD,OR 97281
1S135DD-01600 1S135DD-01601
CACH GERALD C AND JOAN L HOLMES SAMUEL M/JANET M
12525 SW MAIN 12215 SW 33RD AVE
TIGARD,OR 97223 PORTLAND,OR 97219
1 S 135DD-0180a 1 S 135DD-02000
PANG KEIKO TR BRO MIL O
46-442 HOLOLIO ST 2106 OCO ST
KANEOHE,HI 96744 AUKIE,O 7222
1 S 135DD-02001 1 S 135DD-02100
BROWN MILTON O TIGARD PROPERTIES INC
2106 SE OCHOCO ST 2106 SE OCHOCO ST
MILWAUKIE,OR 97222 MILWAUKIE,OR 97222
1S135DD-03300 1 DD-03301
PARKER JEROME W TRUSTEE TIGAR RTIES INC
5320 SW MACADAM AVE 210 OC C�,O ST
PORTLAND,OR 97201 LWAUKIE,OR 97222
1 S 1350D-03600 1 S 135DD-03602
BERGMANN FLOYD H WORSECH HAROLD A
11600 SW 90TH 11450 5W 90TH
TIGARD,OR 97223 TIGARD,OR 97223
1 S 135DD-03603 1 S 135DD-03604
COSHOW ELIZABETH I BERGER CLIFFORD W&CYNTHIA A
11425 SW LOMITA AVE 11455 SW LOMITA AVENUE
TIGARD,OR 97223 TIGARD,OR 97223
1 S 135DD-03605 1 S 135DD-03606
HUGHES JEFFREY M&TAMI JO BARE APPLETON PROPERTIES INC
11485 SW LOMITA AVE 7100 SW HAMPTON STE 103
TIGARD,OR 97223 TIGARD,OR 97223
1S135DD-03607 1S135DD-03608
FITZPATRICK DAVID G&BETTY L HERBERHOLZ ANDREW B&FLORENCE
7615 SW CHESTNUT STREET 9620 SW 90TH
TIGARD,OR 97223 PORTLAND,OR 97223
1 S 135DD-03609 1 S 135DD-03611
MACKINNON FERN E 8 MCLOUGHLIN TIMOTHY R AND
11625 SW LOMITA 5400 SW 198TH AVE
TIGARD,OR 97223 ALOHA,OR 97007
1 S 135DD-03612 1 S 135DD-03613
HERBERHOLZ ANDREW B NEBERT TOMMY HENRY
9620 SW 90TH 11530 SW LOMITA
PORTLAND,OR 97223 TIGARD,OR 97223
1 S 135DD-03614 15135DD-03615
HOCKETT MARTHA M BOUSE LINDA C
11502 SW LOMITA AVE 11470 SW LOMITA
TIGARD,OR 97223 TIGARD,OR 97223
1S135DD-03616 1S135DD-03617
MURRAY RICHARD D LOOFBOUROW DONALD IVAN&MARY P
11440 SW LOMITA 11410 SW LOMITA AVE
TIGARD,OR 97223 PORTLAND,OR 97223
1 S 135DD-03618 1 S 135DD-03619
BRADFORD GARY TR QUILLEN DEANNA MARIE
305 E FIFTH 11560 SW 90TH
THE DALLES,OR 97058 TIGARD,OR 97223
1S135DD-03620 1S135DD-03700
WANG PING-JUI KAI OH JANG W AND YON SOON
22600 SW 93RD TER 11630 SW LOMITA
TUALATIN,OR 97062 TIGARD,OR 97223
1S135DD-03701 1S135DD-03703
GRIGG DOREEN E PARKER JEROME W TRUSTEE
11700 SW 90TH AVE 5320 SW MACADAM AVE
TIGARD,OR 97223 PORTLAND,OR 97201
1 S135DD-03704 1 S 135DD-03800
BAXTER ALAN T AND SOOK HEE BAUER LENA RICHARD T
11650 SW 90TH 11734 SW 90TH
TIGARD,OR 97223 TIGARD,OR 97223
1S135DD-04400 1S135DD-05200
STEVENSON MICHAEL J&KAY L PATEL ASHOK A 8
2825 DELLWOOD DR 14850 NE SANDY
LAKE OSWEGO,OR 97034 PORTLAND,OR 97230
• , .
1S136CC-00301 1S136CC-00400
ANOREWS MANAGEMENT LIMITED MCGUIRE ROBERT J&
11336 SW BULL MOUNTAIN RD#103 8470 SW PFAFFLE ST
TIGARD,OR 97224 TIGARD,OR 97223
ALPHA ENGINEERING
MIKE MILLER, PRQTECT MANAGER
PLAZA WEST, SUITE 230
9600 SW OAK STREET
PORTLAND OR 97223
AFFIDAVIT OF MAILING CITVOFTIGARD
Community,DeveCopmer:t
S(wpingA Bettes�ommunity
S7A2�o�o�,�GoN )
�'ounty of�Nashington )ss.
ctty of�-�a�d �
I, SFiirCey L. 7reat, being first duly sworn/affirm, on oath depose and say that I am an Ad'ministrative SpeciaCut I for the �ity
of 7�igard, 4Nashington County, Oregon and that I served the following:
{c.nea�nv�oo��e aoxe5�ee��
❑ NOTICE OF: PENDING APPLICATION FOR:I
(Type/Kind ot NoUCe) (File No.IName Re(erence) (14Day Comment Penod)
❑ City of Tigard Planning Director
❑ NOTICE Of �ECISION fOR:�i
O AMENDED NOTICE (File NoJName Reference)
❑ City of Tigard Planning Director
❑ NOTICE OF RESCHEDULED PUBLIC HEARING FOR: ;^� CUP1999-00001/PDA1999-00002/
VAR1999-00024/MIS1999-00026 SWAMI YISWA PRENANANDA TEMPLE ADDITION 12/6/99
� AMENDED NOTICE (F�le No/Name Reference) (Date of PubGC Heanng)
❑ City of Tigard Planning Director
p Tigard Hearings Officer
p Tigard Planning Commission
0 Tigard City Council
❑ NOTICE OF FINAL ORDER FOR: � I
O AMENDED NOTICE {File NoJName Reference) , (oate of Puaic Heanng)
p City of Tigard Planning Director
p Tigard Hearings Officer
❑ Tigard Planning Commission
❑ Tigard City Council
A copy of the PUBLIC HEARIN6 NOTICE/NOTICE OF DECISION/NOTICE OF FINAL ORDER/OTHER NOTICE[S) of which is attached,
marked El(hlblt "A", was mailed to each named person(s) at the address(s) shown on the attached list(s), marked
E1(hlblt"B", on the 15'" day of November ,1999, and deposited in the United States Mail on the 15'"
day of Nouember , 1999, postage prepaid.
�
r �
(P rson that Prepared Notice)
�
Subscribed and sworn/affirmed before me on the � day of �ANuA�r/. 2nOd , 19
OTARY PUBLIC OF ORE60N
o�cuu,s�n�
SHERMAN g,CAgpER My Commission Expires:,�✓l��/�, ZC�I�
NOTARY PUBUC-0RECiON �
h1Y COIbIMISSION�D(f�RES MAY 13�2003
NaTICE TO MORTGAGEE, LIENHC�R,VENDOR OR SELLER: �
ITHSHALL BE PROM�MFORWARDED 0 TRHE�CHASER�CEIVE THIS NOTICE, ��H 1 •�
CITY OF TIGARD
Community�DeveCopment
NOTICE OF "RESCHEDULED" S���A�tte�Community
PUBLIC HEARIHG
NOTICE IS HEREBY GIVEN THAT THE NOVEMBER 22. 1999 PLANNING COMMISSION MEETING HAS BEE►v
RESCHEDULED TO MONDAY, DECEMBER 6, 1999 AT 7:30 PM
IN THE TOWN HALL, OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD,
TIGARD, OREGON 97223 TO CONSIDER THE FOLLOWING APPLICATION:
FILE NO(S).: CONDITIONAL USE PERMIT[CUPI 1999-00001
PLANNED DEVELOPMENT REVIEW[PDRI 1999-00002
VARIANCE NARI 1999-00024
SETBACK ADIUSTMENT[MIS)1999-00026
FILE TITLE: SWAMI VISWA TEMPLE EI(PANSION
APPLICANT/ PLANNING
OWNER: Swami Viswa Premananda CONSULTANT: Alpha Engineering
11515 SW Hall Boulevard Mike Miller, Project Manager
Tigard, OR 97223 Plaza West, Suite 230
9600 SW Oak Street
Portland, OR 97223
REQUEST: The applicant has requested Conditional Use Approval to expand the existing Ashram
(temple). The applicant is also requesting Planned Development approval to allow the
residential use of two bedrooms for the residents and eight guestrooms. A variance has
been requested to the access width. An adjustment to the front yard setback for a
religious facility has also been requested.
LOCATION: The site is located at 11515 SW Hall Boulevard. The properties are also identified as
WCTM 1 S135DA, Tax Lots 1400 and 3503.
ZONE: C-P; Professional Commercial.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.330, 18.370, 18.390, 18.510, 18.530,
18.705, 18.745, 18.765, 18.775, 18.790, 18.795 and 18.810.
THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER
18.390 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD
PLANNING COMMISSION AND 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�171, 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.
CUP1999-00001/SWAMI VISWA TEMPLE EXPANSION "RESCHEDULED PUBLIC HEARING DATE'
NOTICE OF 12/6/99 PLANNING COMMISSION PUBLIC HEARING
ANYONE WISHING TO PRESENT �EN TESTIMONY ON THIS PROP�ACTION MAY DO SO IN WR171NG
PRIOR TO OR AT THE PUBLIC HEA .G. ORAL TESTIMONY MAY BE PRE ED AT THE PUBLIC HEARING. AT
THE PUBLIC HEARING, THE PLANNING COMMISSION WILL RECEIVE A STAFF REPORT PRESENTATION FROM
THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE
PLANNING COMMISSION MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL
INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION.
IF A PERSON SUBMITS EVIDENCE OR DOCUMENTS LESS THAN 7 DAYS PRIOR TO THE PUBLIC HEARING DATE,
THE HEARINGS AUTHORITY MAY ALLOW A CONTINUANCE OF THE HEARING, SUBJECT TO ORS 215.428 OR
227.178. 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 PLANNING COMMISSION WILL BE BASED UPON THE CRITERIA LISTED OR OTHER
CRITERIA IN THE COMPREHENSIVE PLAN OR DEVELOPMENT CODE WHICH THE PERSON BELIEVES TO APPLY
TO THE DECISION. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN
SPECIFICALLY TO THE APPLICABLE CRITERIA IN THE COMPREHENSIVE PLAN OR THE DEVELOPMENT CODE.
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 AND ALL PARTIES TO RESPOND PRECLUDES AN APPEAL, AND FAILURE TO SPECIFY
THE CRITERION FROM THE COMMUNITY DEVELOPMENT CODE OR COMPREHENSIVE PLAN AT WHICH A
COMMENT IS DIRECTED 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
COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE
OBTAINED FOR TWENTY-FIVE CENTS (25G) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE
TIME OF THE REQUEST.
FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER lulia Powell Naiduk AT (503)639-4171,
TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223.
I �.. , yiyy � r -J— � ;_-- It I VICI_NITY—MAP lil
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t �� 13725 SW Hal�Blvd ,
� Tigard,OR 97223
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Community Development Plot date: Nov 5, 1999;C:lmagic\MAGIC03.APR
� �xKrB��r g
1S135DA-00500 1S135DA-01000
GRAHAM DON G AND SCHAEFFER DONALD M
11260 SW HALL BLVD PO BOX 82549
TIGARD,OR 97223 PORTLAND,OR 97282
1 S 135DA-01100 1 5DA-01200
SCHAEFFER DONALD M SCHA ONALD M
PO BOX 23697 PO 23 ,,
TIGARD,OR 97281 GARD,OR 97�
1 S 135DA-01300 1 S 135DA-01400
HOLMES SAMUEL M/JANET M BRAHMA PREMANANDA ASHRAM
12215 SW 33RD AVE 11515 SW HALL BLVD
PORTLAND,OR 97219 TIGARD,OR 97223
1S135DA-01401 15135DA-01500
KINDER-CARE LEARNING CNTRS INC LN PROPERTIES LLC
1777 NE LOOP 410#1250 11475 SW HALL BLVD
SAN ANTONIO,TX 78217 TIGARD,OR 97223
1 S 135DA-01600 5DA-01700
BRAZIL CLARENCE E&MARY JEAN BRAZIL NCE E&MARY JEAN
PO BOX 23064 PO 230
TIGARD,OR 97281 ARD,OR 972
1S135DA-01800 1S135DA-01801
NEDELISKY MICHAEL J L N PROPERTIES LLC
25 82ND DR 11481 SW HALL BLVD STE 1�0
GLADSTONE,OR 97027 TIGARD,OR 97223
1S135DA-01900 1S135DA-02000
BROWN MARGARET ANN OBIE MEDIA CORP
19065 SW JOHNSON AVE 4211 W 11TH
ALOHA,OR 97006 EUGENE,OR 97402
1S135DA-02100 � 1S135DA-02700
� MA ET ANN STARLING DAVID W&MARINA A
1906 NSON AVE 32 INDEPENDENT AVE
HA,OR 970 LAKE GROVE,OR 97035
1S135DA-02701 1S135DA-02702
BROYLES M KENNETH NESS HAROLD W DORIS A
11260 SW 90TH 11230 SW 90TH
TIGARD,OR 97223 TIGARD,OR 97223
1S135DA-02801 1S1350A-02802
MCTAGGART BRENT FREEDMAN STEPHEN H&
PO BOX 231207 11300 SW 90TH AVE
TIGARD,OR 97281 TIGARD,OR 97223
1S135DA-02803 � 1S135DA-02900
FRE EPHEN H& JUNG MARTIN MARIA
1130 H AVE 11400 SW 90TH
T ARD,OR 97 TIGARD,OR 97223
1S135DA-03000 1S135DA-03100
VIRNIG SEAN&JUSTINE SNYDER WILLIAM T&STEPHANIE
11405 SW LOMITA AVE 11480 SW 90TH
TIGARD,OR 97223 TIGARD,OR 97223
1S135DA-03200 1S135DA-03300
DOLL THOMAS C AND DORIS M ANSARI BEHROOZ&SHEILA
11500 SW 90TH 11540 SW 90TH AVE
TIGARD,OR 97223 TIGARD,OR 97223
i S 35DA-03500 . ''� 1 S135DA-03503
L N P S LLC BRAHMAPREMANANDA ASHRAMA
11481 LL BLVD STE 100 11515 SW HALL BLVD
TI RD,OR 9 3 TIGARD,OR 97223
1S135DA-03800 1S135DA-04200
KAULUWAI CORPORATION GHITA VASILE&DOMNICA
2445-A MAKIKI HEIGHTS DRIVE 11310 SW 90TH AVE
HONOLULU,HI 96822 TIGARD,OR 97223
1S135DA-04300 1S135D8-00400
SMITH SHARON LOU HOFFMAN MICHAEL J
11330 SW 90TH 1223 NW 24TH#5
TIGARD,OR 97223 PORTLAND,OR 97210
1S135D6-00500 1S135DB-0060a
WHITE PAUL UBARBARA A JACKSON LINDA J
11495 SW 90TH AVE 11545 SW 90TH AVE
TIGARD,OR 97223 TIGARD,OR 97223
1 S 135D8-02600 1 S 135D6-02602
POWLOSKI C KENT&LISA FAULK JEFF&DOROHTY M
11405 SW 90TH 11435 5W 90TH
TIGARD,OR 97223 TIGARD,OR 97223
1S135DB-02603 1S135DB-02604
FORMAN MATTHEW B& HEITZ NANCY P AND RONALD L
11403 SW 90TH AVE 11401 SW 90TH
TIGARD,OR 97223 TIGARD,OR 97223
1S135DB-12000 1S135DC-07900
VICE ALICIA K&RICHARD A BELL LEO LAMAR TRUSTEE
11375 SW 90TH AVE 11635 SW 90TH
TIGARD,OR 97223 TIGARD,OR 97223
1S135DC-08100 1S135DC-08200
HANSEN JOYCE I MOLITOR LAWRENCE R/NANCY L
11565 SW 90TH AVE 11587 SW 90TH AVE
TIGARD,OR 97223 TIGARD,OR 97223
1 S135DD-00100 1 S135DD-01201
CHRISTIE LACEY TRUSTEE MAINS ELDON H JR AND
22020 SW AEBISHER RD PO BOX 1178
SHERWOOD,OR 97140 HILLSBORO,OR 97123
1S135DD-01300 1S135DD-01400
STEELE NANCY TRUSTEE SAYLER ANNA R
11660 SW HALL BLVD PO BOX 23757
TIGARD,OR 97223 TIGARD,OR 97281
1 S 135DD-016�0 1 S 135DD-01601
CACH GERALD C AND JOAN L HOLMES SAMUEL M/JANET M
12525 SW MAIN 12215 SW 33RD AVE
TIGARD,OR 97223 PORTLAND,OR 97219
1 S135DD-01800 1 S135DD-02000
PANG KEIKO TR BRO MIL O
46-442 HOLOLIO ST 2106 OCO ST
KANEOHE,HI 96744 AUKIE,O 7222
1S135DD-02001 1S135DD-02100
BROWN MILTON O TIGARD PROPERTIES INC
2106 SE OCHOCO ST 2106 SE OCHOCO ST
MILWAUKIE,OR 97222 MILWAUKIE,OR 97222
1S135DD-03300 1 DD-03301
PARKER JEROME W TRUSTEE TIGAR RTIES INC
5320 SW MACADAM AVE 21D OC O ST
PORTLAND,OR 97201 LWAUKIE,OR 97222
1 S 135DD-03600 1 S 135DD-03602
BERGMANN FLOYD H WORSECH HAROLD A
11600 SW 9DTH 11450 SW 90TH
TIGARD,OR 97223 TIGARD,OR 97223
1 S 135DD-03603 1 S 135DD-03604
COSHOW ELIZABETH I BERGER CLIFFORD W&CYNTHIA A
11425 SW LOMITA AVE 11455 SW LOMITA AVENUE
TIGARD,OR 97223 TIGARD,OR 97223
1S135DD-03605 1S135DD-03606
HUGHES JEFFREY M 8 TAMI JO BARE APPLETON PROPERTIES INC
11485 SW LOMITA AVE 71�0 SW HAMPTON 5TE 1�3
TIGARD,OR 97223 TIGARD,OR 97223
1 S 135DD-03607 1 S 135DD-03608
FITZPATRICK DAVID G&BETTY L HERBERHOLZ ANDREW B&FLORENCE
7615 SW CHESTNUT STREET 9620 SW 90TH
TIGARD,OR 97223 PORTLAND,OR 97223
1 S 135DD-03609 1 S 135DD-03611
MACKINNON FERN E& MCLOUGHLIN TIMOTHY R AND
11625 SW LOMITA 5400 SW 198TH AVE
TIGARD,OR 97223 ALOHA,OR 97007
1 S 135DD-03612 1 S 135DD-03613
HERBERHOLZ ANDREW B NEBERT TOMMY HENRY
9620 SW 90TH 11530 SW LOMITA
PORTLAND,OR 97223 TIGARD,OR 97223
1 S 135DD-03614 1 S 135DD-03615
HOCKETT MARTHA M BOUSE LINDA C
11502 SW LOMITA AVE 11470 SW LOMITA
TIGARD,OR 97223 TIGARD,OR 97223
1 S 135DD-03616 1 S 135DD-03617
MURRAY RICHARD D LOOFBOUROW DONALD IVAN&MARY P
11440 SW LOMITA 11410 SW LOMITA AVE
TIGARD,OR 97223 PORTLAND,OR 97223
1 S 135DD-03618 1 S 135DD-03619
BRADFORD GARY TR QUILLEN DEANNA MARIE
305 E FIFTH 11560 SW 90TH
THE DALLES,OR 97058 TIGARD,OR 97223
1 S 135DD-03620 1 S 135DD-03700
WANG PING-JUI KAI OH JANG W AND YON SOON
22600 SW 93RD TER 11630 SW LOMITA
TUALATIN,OR 97062 TIGARD,OR 97223
1 S 135DD-03701 1 S 135DD-03703
GRIGG DOREEN E PARKER JEROME W TRUSTEE
11700 SW 90TH AVE 5320 SW MACADAM AVE
TIGARD,OR 97223 PORTLAND,OR 97201
1 S135DD-03704 1 S135DD-03800
BAXTER ALAN T AND SOOK HEE BAUER LENA RICHARD T
11650 SW 90TH 11734 SW 90TH
TIGARD,OR 97223 TIGARD,OR 97223
1 S135DD-04400 1 S135DD-05200
STEVENSON MICHAEL J&KAY L PATEL ASHOK A&
2825 DELLWOOD DR 14850 NE SANDY
LAKE OSWEGO,OR 97034 PORTLAND,OR 97230
1 S 136CC-00301 1 S 136CC-00400
ANOREWS MANAGEMENT LIMITED MCGUIRE ROBERT J&
11336 SW BUIL MOUNTAIN RD#103 8470 SW PFAFFLE ST
TIGARD,OR 97224 TIGARD,OR 97223
AFFIDAVIT OF MAILING CITYOFTIOARD
�omrnuniry DeveCoprrrent
Shaping s`i Better Community
.S7.�LZ�E�F�,�G�C )
County of 4Nashington )ss.
City of 7agard )
I, Patricia L.Lunsfvr� being first duly sworn/affirm, on oath depose and say that I am an �dminirtrative Special`ut II for the
C`ity of Tagard, 4Nashington County,Oregon and that I served the following:
(Check Appropriate Box(s)6elowE
NOTICE OF PENDING LAHD USE APPLICATION FOR:
AMENDED NOTICE (File No./Name Reference)
City of Tigard Planning Director
NOTICE Of DECISION fOR:
AMENDED NOTICE (File No.Mame Reference)
City of Tigard Planning Director
NOTICE OF PUBLIC HEARING FOR: � �
AMENDED NOTICE (File No.Mame Reference) (Date of Pub�ic Hearinp)
City of Tigard Planning Director
Tigard Hearings Officer
Tigard Planning Commission
Tigard City Council
❑x NOTICE OF FINAL ORDER fOR:� fUP1999-00001/PDR1999-00002/VAR1999-00024/MIS1999-00026
SWAMI YISWA PREMANANDA TEMPLE ADDITION J 1216/99
AMENDED NOTICE (File No./Name Reference) (Date of Public Hearings)
City of Tigard Planning Director
Tigard Hearings Officer
0 Tigard Planning Commission
Tigard City Council
FOR: � I
(File No.Mame Reference) (Date ot PuWic Heanng,if applicable)
A copy of the PUBIIC NEARING NOTICE/NOTICE OF DECISION/NOTICE Of flNAI 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
Exhlblt' " on the 13�day of December,�999, a d deposited in the United States Mail on the 13"'day of December,1999,
postage repaid.
.T � /
/
(✓
� t a OfIC
fJ'U
Subscribed and sworn/affirmed before me on the� day of , .
OFFlG�I.sE/�L ��� ° �'/ �
DIANE M JELDERKS
NOT1IRY PUBI,IC.pqEppp
�nr coMM°ss o s�,�s��,,� My Commission Ex i
�xHr!��T �
, _ , , .
120 DAYS = 1/12/2000 CITY OF TIGARD
Community Deve�opment
Skaping r`i Better Community
CITY OF TIGARD
`Washington County, Oregon
NOTICE OF FINAL ORDER N0. 99-03PC BY THE PLANNING COMMISSION
Case Number(s): CUP1999-00001/PDR1999-00002NAR1999-00024/MIS1999-00026
Case Name(s): SWAMI VISWA PREMANANDA TEMPLE ADDITION
Name of Owner(s): Brahmapremananda Ashrama
Name of Applicant: Swami Viswa Premananda .
Address of Applicant: 11515 SW Hall Boulevard
Address of Property: 11515 SW Hall Boulevard
Tax Ma s /Lot No s .: 1 S135DA, Tax Lots 1400 and 3503
Request: ➢ ON DECEMBER 6, 1999, THE PLANNING COMMISSION APPROVED THE REQUEST
FOR CONDITIONAL USE TO CONSTRUCT A TEMPLE AN
EXISTING ASHRAM EMPL
AD US MENT TO �THE FRONTTYARD SETE ACK FOREA REL$GIOUS FAOOMY� HA�
PPROVED. THE REQUEST FOR A VARIANCE TO THE ACCESS W�6TR
H
, �ND CONCLUSIONS DESCRIBED IN FURTHER DETAIL WITHIN
THIS FINAL ORDER.
Zone: C-P; Professional Commercial.
Action: ➢ ❑ Approval as Requested � Approval with Conditions ❑ Denial
Notice: Notice was published in the newspaper, posted at City Hall and mailed to:
� Owners of record within the required distance 0 Affected governmental agencies
0 The affected Citizen Involvement Team Facilitator � The applicant and owner(s)
The adopted findings of fact, decision and statement of conditions can be obtained from the
Tigard Planning Division/Community Development Department at Tigard City Hall.
Final Decision:
THIS DECISION IS FINAL ON DECEMBER 13, 1999 AND BECOMES
EFFECTIVE ON DECEMBER 29, 1999 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 not�ce 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 3:30 PM ON DECEMBER 28, 1999.
Questions: If you have any questions, please call the City of Tigard Planning Division at (503) 639-4171.
� ' ' 120 DAYS = 1/12/2000
NOTICE OF FINAL ORDER N0. 99-03PC
BY THE PLANNING COMMISSION CRYOFTIGARD
Community DeveCopment
FOR THE CITY OF TIGARD, OREGON SFiupiny�BetterC�mmunity
A FINAL ORDER APPROVING A LAND USE APPLICATION FOR CONDITIONAL USE TO CONSTRUCT A
TEMPLE AND PLANNED DEVELOPMENT FOR EXPANSION OF THE EXISTING ASHRAM (TEMPLE) TO
ALLOW RESIDENTIAL USE OF TWO(2) BEDROOMS FOR THE RESIDENTS AND EIGHT(8)GUESTROOMS,
AS WELL AS, AN ADJUSTMENT TO THE FRONT YARD SETBACK FOR A RELIGIOUS FACILITY. THE
REQUEST FOR A VARIANCE TO THE ACCESS WIDTH HAS BEEN DENIED. THE COMMISSION HELD A
PUBLIC HEARING TO RECEIVE TESTIMONY ON THIS APPLICATION ON DECEMBER 6, 1999. THE
PLANNING COMMISSION HAS BASED THEIR DECISION ON THE FACTS, FINDINGS AND CONCLUSIONS
DESCRIBED IN FURTHER DETAIL WITHIN THIS FINAL ORDER.
SECTION I. APPLICATION SUMMARY
SWAMI VISWA PREMANANDA TEMPLE ADDITION
CASES: on itiona se ermit -
Planned Development PDR 1999-00002
Variance VAR 1999-00024
Setback Adjustment MIS 1999-00026
APPLICANT/ Swami Viswa Premananda PLANNING Alpha Engineering
OWNERS: 11515 SW Hall Boulevard CONSULTANT: Mike Miller, Project Mgr.
Tigard, OR 97223 Plaza West, Suite 230
9600 SW Oak Street
Portland, OR 97223
PROPOSAL: The applicant has requested Conditional Use Approval to construct a
temple and Planned Development approval for expansion of the existing
Ashram (temple) to allow residential use of two (2) bedrooms for the
residents and eight (8) guestrooms. A Variance has been requested to
the access width, as we(1 as an Adjustment to the front yard setback for a
religious facility has been requested.
LOCATION: The subject site is located at 11515 SW Hall Boulevard. The properties
are also identified as WCTM 1 S135DA, Tax Lots 1400 and 3503.
COMPREHENSIVE
PLAN and
ZONING
DESIGNATION: C-P; Professional Commercial.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.330, 18.350, 18.370, 18.390,
18.510, 18.530, 18.705, 18.745, 18.765, 18.775, 18.790, 18.795 and
18.810.
SECTION II. PLANNING COMMISSION'S DECISION
The Planning Commission finds that the proposed development meets the applicable
approval criteria of the Tigard Community Development Code and that the proposal will not
adversely affect the health, safety and welfare of the City. The Planning Commission,
therefore, APPROVES the requested Land Use Applications with the exception of the
Variance, subject to the following recommended conditions of approval:
SWAMI VISWA PREMANANDA TEMPLE ADDITION PAGE 1 OF 23
CUP1999-00001/PDR1999-00002NAR1999-00024/MIS1999-00026 PLANNING COMMISSION FINAL ORDER NO.99-03PC
CONDITIONS OF APPROVAL � �
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO FINAL SITE
INSPECTION: (Unless otherwise noted, the Staff contact shall be
BRIAN RAGER, Engineering Department 503-639-4171.)
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF THE
SITE AND/OR BUILDING PERMITS:
Planninq Conditions: -
1. Submit a detail of the bicycle rack.
2. Submit a revised plan that shows three (3 additional bicycle parking spaces will be
provided.
3. Submit a revised plan that shows a clearly marked walkway across the access
drive/parking lot connecting the existing sidewalk and the proposed sidewalk.
4. Submit a revised plan that shows the 5 proposed parking spaces deleted from the site
plan OR the access drive must be widened to provide, at minimum, a 40-foot
pavement width. The revised plan must show at least one (1) van accessible handicap
space will be provided that includes a 9-foot-wide space with an 8-foot-wide aisle in front
of the proposed development.
5. Submit a floor plan that shows the total area dedicated for living facilities (guestrooms
and resident's rooms) will be less than 3,460 square feet.
6. Submit a lighting plan indicating the location and intensity of the lighting to be
provided. The applicant shall submit details of the lighting plan indicating that the light
will be directed away from residential properties.
7. Hours of operation shall be limited to prohibit worship services from being held before
6:00 PM, Mondays through Fridays with the exception of legal holidays.
8. Submit a revised plan the clearly states the site size, the amount of impervious surface
and the amount of landscaped area on the subject site alone.
9. Submit a revised plan showing setback dimensions that scales accurately.
Enqineerinq Conditions:
10. Prior to issuance of a site and/or building permit, the applicant shall pay an addressing
fee in the amount of $30.
11. Additional right-of-way (ROW) shall be conveyed to the State of Oregon, by and through
its Department of Transportation, Highway Division, along the frontage of SW Hall
Boulevard to increase the right-of-way to 45 feet from centerline. The description shall
be tied to the existing right-of-way centerline. Verification that the conveyance has been
submitted to the State shall be provided to the City Engineering Department. (For
additional information, contact Rick Reeves, Oregon Department of Transportation,
right-of-way Section, 123 NW Flanders, Portland, OR 97209-4037; Phone: 731-8461).
12. The applicant's construction plans shal� indicate that they will provide an on-site water
detention facility designed to meet Unified Sewerage Agency (USA) Design Standards.
SWAMI VISWA PREMANANDA TEMPLE ADDITION PAGE 2 OF 23
CUP1999-00001/PDR1999-00002NAR1999-00024/MIS1999-00026 PLANNING COMMISSION FINAL ORDER NO.99-03PC
� '13. ' The applicant shall provide an on-site water quality facility as required by Unified
Sewerage Agency Design and Construction Standards (adopted by Resolution and
Order No. 96-44). Final plans and calculations shall be submitted to the Engineering
Department (Brian Rager) for review and approval prior to issuance of the building
permit. In addition, a proposed maintenance plan shall be submitted along with the
plans and calculations for review and approval.
14. The applicant shall either place the existing overhead utility lines along SW Hall
Boulevard underground as a part of this project, or they shall pay the fee in-lieu of
undergrounding. The fee shall be calculated by the frontage of the site that is parallel to
the utility lines and will be $27.50 per lineal foot. If the fee option is chosen, the amount
will be $880 and it shall be paid prior to issuance of a site and/or building permit.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO A FINAL BUILDING INSPECTION:
Enqineerinq Conditions:
15. To ensure compliance with Unified Sewerage Agency Design and Construction
Standards, the applicant shall employ the design engineer responsible for the design
and specifications of the private water quality facility to perform construction and visual
observation of the water quality facility for compliance with the design and
specifications. These inspections shall be made at significant stages, and at
completion of the construction. Prior to final building inspection, the design engineer
shall provide the City of Tigard (Inspection Supervisor) with written confirmation that
the water quality facility is in compliance with the design and specifications. Staff
Contact: Hap Watkins, Building Division.
Planninq Condition:
16. Construct all improvements as shown on the approved plans. Any modifications to
plans must be approved by the Planning Division PRIOR to the modification.
FAILURE TO SATISFY THE CONDITIONS OF APPROVAL WITHIN 18 MONTHS
OF THE EFFECTIVE DATE OF THE PLANNING COMMISSION'S DECISION
SHALL RENDER THE PLANNING COMMISSION'S DECISION VOID.
SECTION III. BACKGROUND INFORMATION
Site Historv:
Staff conducted a computer search for case history on the subject parcels. None of the
parcels had previous land use applications on file. The site has a shared parking agreement
with the office complex to the north (Hall Corporate Center). When this office was
constructed (SDR97-00014NAR97-0008), parking spaces were constructed on the subject
site as well and a variance was approved for access width to allow 117 parking spaces from
one, 30-foot-wide access drive (97 from the shared parking for Hall Corporate Center and
Ashram site and 20 from the daycare site).
Vicinitv Information:
The site is bordered north and east by properry zoned C-P and are currently developed with
an office complex and a daycare center. The property to the south is zoned R-12 and
developed with an apartment complex and the property to the west is zoned R-4.5 and
developed with single-family residences.
SWAMI VISWA PREMANANDA TEMPLE ADDITION PAGE 3 OF 23
CUP1999-00001/PDR1999-00002NAR1999-00024/MIS1999-00026 PLANNING COMMISSION FINAL ORDER NO.99-03PC
Site Information and Proposal Description: � �
The Site is currently developed with a residential house. The proposal is to continue to use
the existing residence as an Ashram (residential dormitory for Monks) and expand it for a
total of 4,840 square feet to allow for 2 full-time residents bedrooms and 8 guestrooms. The
proposal also involves the construction of a 9,000 square foot temple. The applicant is
requesting Variance approval to allow additional parking spaces to be constructed off of a
driveway that is already not in conformance with the required dimensions. They are also
requesting an Adjustment to the front yard setback for a religious facility.
SECTIDN IV. DECISION MAKING PROCEDURES, PERMITS AND USE:
Use Classification: Section 18.130.020
is s t e se a egories.
The applicant is proposing to build a Temple (Religious Institution) and Ashram (Residential
Dormitory Use�. The Religious Institution is a Conditional Use in the C-P zone and the
residential use �s not allowed unless it is part of a planned development.
Summa Land Use Permits: Chapter 18.310
e ines e ecision-ma ing type to which the land-use application is assigned.
The adjustment to the front yard setback is a Type I administrative decision. The
Variance is a Ty�e II administrative decision. The proposed use (Religious Institution)
requires a Conditional Use permit which is a Type Ifl-HO decision. The requested living
facilities (residential use) requires a planned development which is a Type III-PC
decision. When applications are heard concurrently, the highest review authority hears
all applications, therefore, all aspects of this application will be reviewed by the
Planning Commission.
Decision Makin Procedures: Chapter 18.390
escri es e ecision-ma ing procedures.
Type III-PC procedures apply to quasi-judicial permits and actions that predominantly contain
discretionary approval criteria. Type III-PC actions are decided by the Planning Commission
with appeals to or review by the City Council.
SECTION V. NEIGHBORHDOD COMMENTS
No comments were received from surrounding property owners.
SECTION VI. 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
enera pp rova riteria
Additional Conditions of Approval)
B. lanned Develo ment Standards
rocess
Specific Planned Development Criteria
C. A licable Develo ment Code Standards
. ariances an �us men s
18.705 (Access, Egress & Circulation)
18.745 Landscaping and Screening)
18.765 Off-Street Parking and Loading Requirements)
18.790 Tree Removal)
18.795 (Visual Clearance)
18.810 (Street and Utility Improvement Standards)
D. Additional Planned Development Criteria
SWAMI VISWA PREMANANDA TEMPLE ADDITION PAGE 4 OF 23
CUP1999-00001/PDR1999-00002NAR1999-00024/MIS1999-00026 PLANNING COMMISSION FINAL ORDER NO.99-03PC
SECTION VII. APPLICABLE REVIEW CRITERIA AND FINDINGS
Impact Study:
Section 18.390.040.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 study shall propose improvements necessary to
meet City standards, and to minimize the impact of the development on the public at
large, public facilities systems, and affected private property users.
In situations where the Community Development Code requires the dedication of real
propertX interests, the applicant shall either s peci#ically concur with a requirement for
public right-of-way dedication, or provide evidence that supports that the real pro erty
dedication is not roughly proportional to the projected impacts of the developmen�
Any required street improvements to certain collector or higher volume streets and the
Washington County Trafific Impact Fee (TIF) are mitigation measures that are required at the
time of development. Based on a transportation impact study prepared by Mr. David Larson
for the A-Boy Expansion/Dolan II/Resolution 95-61, TIF's are expected to recapture 32
percent of the traffic impact of new development on the Collector and Arterial Street system.
' The applicant is being required to dedicate right-of-way to allow an ultimate right-of-way width
of 45 feet (approximately 20 feet of right-of-way). The Engineering Department has
estimated the right-of-way acquisition to be approximately $3 per square foot. It is estimated,
therefore, that the value of land being dedicated is $1,920. Upon completion of this
development, the applicant will be required to pay TIF's of approximately $12,461. Based on
the estimate that total TIF fees cover 32 percent of the impact on ma�or street improvements
citywide, a fee that would cover 100 percent of this prolects traffic impact is $38,940
($j 2,461 divided by .32). The difference between the TfF paid and the full impact, is
considered an unmitigated impact. Since the TIF paid is $12,461, the unmitigated impact
can be valued at $26,479. Given the estimated cost of the half-street improvement and the
unmitigated impact, the dedication requirement meets the rough proportionality test related to
the impact of the development.
A. SPECIFIC CONDITIONAL USE APPROVAL CRITERIA
Section 18.330.010.A states that the purpose of this chapter is to provide standards
and procedures under which a conditional use may be permitted, enlarged or altered if
the site is appropriate and if other appropriate conditions of approval can be met.
There are certain uses which due to the nature of the impacts on surrounding land
uses and public facilities require a case-by-case review and analysis.
Section 18.330.020.A states that a request for approval for a new conditional use shall
be processed as a Type III-HO procedure, as regulated by Chapter 18.390.050, using
ap roval criteria contained in Section 18.330.030A and subject to other requirements
in �hapter 18.330.
The applicable review criteria in this case include the following chapters of the Community
Development Code: 18.330, Conditional Use; 18.350, Planned Development; 18.370,
Variances and AdJ'ustments; 18.390 Decision Making Procedures;18.520, Commercial Zoning
Districts, 18.530, 18.705, Access, Egress and Circulation; 18.745, Landscaping and Screening;
18.765, Off-Street Parkin , 18.790, Tree Removal; 18.795, Visual Clearance Areas; and
18.810, Street and Utili�jr Improvement Standards. The development standards and
requirements of these chapters are addressed below.
The proposal contains no elements related to the provisions of the following chapters:
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; 18.775, Sensitive Lands; 18.780, Temporary Uses;
18.797, Water Resources Overlay District; and 18.798, Wireless Communications Facilities.
These chapters are, therefore, found to be inapplicable as approval standards.
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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 existing site size is 2.25 acres. This report evaluates the proposal and necessary
setbacks, landscaping, etc. and as conditioned, the site size is adequate for the needs of the
proposed expansion.
The characteristics of the site are suitable for the proposed use considering size, shape,
location, topography, and natural features;
The site is relatively flat. There are trees on the site, but the development has been situated in
such a way as to preserve the existing trees.
All required public facilities have adequate capacity to serve the proposal; and
All public facilities including streets, storm and sanitary sewers, and water have adequate
capacity to serve the site as discussed in detail elsewhere in this report.
The applicable requirements of the zoning district are met except as modified by this
chapter.
The following table provides the dimensional standards in the C-P zone, the additional
dimensional requirements and approval standards for Religious Institutions specified The
Conditional Use Standards Section 18.330.050.B.16 and the dimensions proposed for this
development.
STANDARD C-P CONDITIONAL USE PROPOSED
REQUIREMENT
Minimum Lot Size 6,00a sq.ft. 20,000 sq.ft 104,301 sq.ft
Minimum Lot Width 50 ft. SAME AS C-P 190'approx.[3J
Minimum Setbacks
O ft. 25 ft 20 ft."'
- Front yard
- Side facing street on corner&through lots --- 20 ft N/A
- Side yard
0/20 ft[1]. 20 k 20 ft"'
- Rear yard
- Side of rear yard abutting more restrictive zoning district 0/20 ft[1]. 20 ft 55 ft"'
- Distance between property line and garage entrance
Maximum Height 45 ft. SAME AS C-P 23 ft.approx.[3]
Maximum Site Coverage[2] 85% SAME AS C-P 36% approx.(3]
Minimum Landscape Requirement 15% SAME AS C-P 64% approx.[3J
[1] No setback shall be required except 20 feet shall be required where the zone abuts a residential zoning district
[2] Includes all buildings and impervious surfaces.
[3] Approximate figures are provided where the applicanYs information is not clear or accuracy is questioned. In these instances, more
discussion and detail is provided further in this report.
`"" Dimensions specified on plans. Upon scaling, however,distances appear to be less. This Is discussed in more detail
further in this report.
As identified in the table above, the applicant's plans show that the dimensional standards for
the base zone are met. The applicant is requesting an adjustment to the front yard setback
dimensions required in the Conditional Use standards. This is discussed further in this
report. The applicant's plans do not provide enough clear information for staff to state
exactly what the dimensions are because the applicant has included dimensions for the
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� office 'park to the north, however, the difference between the approximate amount and the
required amount is so great that staff feels confident the standards are met. A condition of
approval should be imposed, however, that requires the applicant to submit detailed
information on the size of the site (in square feet), the impervious surface on the site and the
landscaped area for the site. In addition, the setback dimensions are also in question
because they do not scale off to the dimensions shown.
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.
Other applicable standards of the development code are discussed later in this report.
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, staff can not make a final determination that the
General Approval Criteria for a Conditional Use are satisfied. If the applicant
complies with the following conditions, staff can find that the standards are met or
will be addressed further in this report and conditioned if necessary.
CONDITIONS:
• Submit a revised plan the clearly states the site size, the amount of
impervious surface and the amount of landscaped area on the subject site
alone.
. Submit a revised plan showing setback dimensions that scales accurately.
Additional Conditions of Approval for Conditional Use.
Section 18.330.030.6 states that the Hearings Authority may impose conditions on the
approval of a conditional use, which are found nece�sary 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;
Due to the nature of the use, it is anticipated that the majority of activity will take place on the
weekends. However, given that the use shares an access and parking with an office
complex, it is recommended to limit the hours of worship to after 6:00 PM Mondays through
Fridays with the exception of legal holidays. It is acknowledged that some activities
associated with a religious institution may take place during the workweek, however, it is �
important that formal worship services be scheduled with consideration of surrounding uses,
and traffic and parking demands.
Requiring design features which minimize environmental impacts such as noise,
vibration, air pollution, glare, odor and/or dust;
There will be no noise, vibration, air pollution, glare, odor and/or dust associated with this use
above and beyond what is found in an office type use which is permitted in the underlying
zone. In any event, the applicant has proposed buffering and screening between the
adjacent residential uses.
Requiring additional setback areas, lot area, and/or lot depth or width;
Staff feels the existing buffer requirements, as discussed further in this report, are adequate.
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Limiting the building height, size or lot coverage, and/or location on the site;
Based on the plans submitted, the structures will comply with the height requirements and lot
coverage requirements. The location is in accordance with the setbacks, provided the
adjustment request is approved. Because of this, staff does not feel an additional condition
is necessary.
Designating the size, number, location and/or design of vehicle access points;
Staff does not feel a condition is necessary for this criteria since, as discussed further in this
report, vehicle access is already limited.
Requiring street right-of-way to be dedicated and street(s) to be improved;
The applicant has approximately 32 feet of frontage on SW Hall Boulevard. The right-of-way
is not to the required width of 45 feet from centerline, therefore, the applicant will be required
to dedicate additional right-of-way. This is discussed further under Street Utility and
Improvement Standards.
Requiring landscaping, screening, drainage and/or surfacing of_parking and loading
areas;
The majority of parking is existing. The applicant has proposed to construct 5 additional
parking spaces, however, the buildings will be located between any new parking and the
adjacent residential areas. The ability to provide additional parking is discussed in detail
under the Variance discussion section.
Limiting the number, size, location, height and/or lighting of signs;
Signs have not been indicated as proposed, however, compliance with the sign requirements
for the underlying zone should be sufficient in the event that signs are desired.
Limiting or setting standards for the location and/or intensity of outdoor lighting;
The applicant has not provided a lighting plan. Because of this, a condition is warranted
requiring the applicant to submit a lighting plan indicating the location and intensity of the
lighting to be provided. The applicant will be required to submit details of the lighting plan
indicating that the light will be directed away from residential properties.
Requiring berms, screening or landscaping and the establishment of standards for
their installation and maintenance;
Buffering and screening is discussed further in this report. Because the use proposed is no
more intensive than other uses permitted in this zone, staff does not feel that additional
screening, above and beyond what is already required, is necessary.
Requiring and designating the size, height, location and/or materials for fences;
No fences are proposed.
Requiring the protection and preservation of existing trees, soils, vegetation,
watercourses, habitat areas and/or drainage areas;
No trees will be removed as a result of this proposal and there are no watercourses, habitat
areas or drainage areas on the site.
Requiring the dedication of sufficient open land area for a greenway adjoining and
within the floodplain when land form alterations and development are allowed within
the 100-year floodplain; and
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� • , .
This development is not adjacent to the 100-year floodplain, therefore, a condition is not
necessary.
Requiring the construction of a pedestrian/bicycle pathway within the floodplain in
accordance with the adopted pedestr�an/bicycle pathway plan.
This development is not adjacent to the 100-year floodplain, therefore, a condition is not
necessary.
FINDING: Based on the analysis above, staff finds the following conditions are warranted by
this Conditional Use approval. All other conditions listed are not necessary or will
be addressed elsewhere in this report.
CONDITIONS:
. Submit a lighting plan indicating the location and intensity of the lighting to be
�rovided. The applicant shall submit details of the lighting plan indicating that
he light will be directed away from residential properties.
. Hours of operation shall be limited to prohibit worship services from being held
before 6:00 PM, Mondays through Fridays with the exception of legal holidays.
B. PLANNED DEVELOPMENT APPROVAL CRITERIA
Planned Development (18.350):
�h�e�$� a ows t e option for an applicant to create a more efficient,
economically viable development that preserves natural land features while
implementin9 the land use designation set forth for the property though the .
Comprehensive Plan.
Section 18.350.020.6 states that the Planned Development Review is a three (3)-step
process, as follows:
1. The approval of the planned development overlay zone;
2. The approval of the planned development concept plan; and
3. The approval of the Detailed Development Plan.
The applicant has requested that this application be for Planned Development Overlay
Designation, Conceptual Planned Development and Detailed Planned Development approval
to comply with all three steps in the PD process.
FINDING: Because this proposal requested all three steps and this report evaluates the
proposal for compliance with all standards required to be evaluated, this standard
has been met.
Allowed Uses:
ec ion . .060.6 states that in all commercial zones, an applicant with a planned
development approval may develop the site to contain all of the uses permitted
outright in the underlying zone and, in addition, a maximum of 25% of the total gross
floor area may be used for multi-family dwellings in those commercial zones that do
not list multi-family dwellings as an outright use.
The total square footage for all structures will be 13,840 square feet, therefore, only 3,460
square feet is permitted to be used for living areas. The floor plan shown for the Ashram has
several areas dedicated for worship, yoga and other group facilities. The applicant has not
provided enough detail for staff to confirm that the total living area (guestrooms) will be less
than 3,460 square feet.
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FINDING: Because the applicant has not provided enough detail for staff to confi'rm that �
the total living area (guest rooms} will be less than 3,460 square feet, this
standard has not been met. If the applicant submits a floor plan that shows the
total area dedicated for living facilities (guest rooms and resident's rooms) will
be less than 3,460 square feet, this standard will be met.
CONDITION:Submit a floor plan that shows the total area dedicated for living facilities (guest
rooms and resident's rooms) will be less than 3,460 square feet.
Specific Planned Development Approval Criteria.
The Commission shall make findings that the following criteria are satisfied when
approving or approving with conditions, the concept plan. The Commission shall
make findings that the criteria are not satisfied when denying an application.
All the provisions of the land division provisions, Chapters 18.410, 18.420 and 18.430,
shall be met;
This proposal does not involve a division of land, therefore, this standard does not apply.
Except as noted, the provisions of the following chapters shall be utilized as
guidelines. A planned development need not meet these requirements where a
development plan provides alternative designs and methods, if acceptable to the
Commission, that promote the purpose of this section. In each case, the applicant
must provide findings to justify the modification of the standards in the chapters listed
in Subsection 3 below. The developer may choose to provide or the commission may
require additional open space dedication and/or provision of additional amenities,
landscaping or tree planting. Chapter 18.730, Exceptions to Development Standards;
Chapter 18.795, Visual Clearance Areas; Chapter 18.745, Landscaping and Screening;
Chapter 18.765, Off-street Parking and Loading Requirements; Chapter 18.705,
Access, Egress and Circulation; and Chapter 18.780, Signs.
Compliance with this standard is discussed, and conditioned as necessary in the following
section: APPLICABLE DEVELOPMENT CODE STANDARDS.
C. APPLICABLE DEVELOPMENT CODE STANDARDS
Variances and Adiustments (18.370)
Variance to the access width:
The Director may approve, approve with conditions, or deny a request for an
adjustment from the access requirements contained in Chapter 18.705, based on the
following criteria:
It is not possible to share access;
The applicant has requested Variance approval to allow the construction of 5 additional
parking spaces to take access off of an existing 30-foot-wide driveway that serves over 100
vehicles. The Code requires that when more than 99 parking spaces are provided, two,
30-foot-wide access drives or one, 50-foot-wide access drive must be provided. When the
adjacent office complex (Hall Corporate Center) was constructed, a Variance was approved
to the access width. Parking spaces were constructed on the subject site and a joint parking
agreement signed to share parking between this site and the Hall Corporate Center with that
previous approval. At that time, the property to the north was owned by a separate
individual. The property to the north of the access drive is now owned by owners of the Hall
Corporate Center. The applicant has indicated that it is not possible to share an access
because the property owner to the north has not agreed to allow additional land to be
dedicated for the additional access width. Staff does not agree with this because the Hall
Corporate Center has recently submitted an application to construct a parking lot on the
property to the north of the access drive. While their proposal does not involve increasing
the access width, staff has informed them that a variance will not be approved and additional
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' p�rking spaces will not be permitted unless the required width is provided. Because the
property to the north will be required to provide the additional access width in order to
develop their parking lot, staff can not state that this request does not need to comply with
the same standards.
There are no other alternative access points on the street in question or from another
street;
Because all the surrounding property is developed, there are no alternative access points to
the site.
The access separation requirements cannot be met;
This standard does not apply because the requested variance does not involve access
separation.
The request is the minimum adjustment required to provide adequate access;
The applicant has access to parking via existing spaces on-site and the shared parking with
the Hall Corporate Center. The existing parking is sufficient to serve the proposed use,
therefore, adding 5 additional parking spaces is not necessary.
The approved access or access approved with conditions will result in a safe access;
and
Staff does not feel that allowing additional parking spaces to be added to an access drive
that is already narrower than the Code allows is safe. Part of the reasoning for multiple or
wider access drives is to provide access for emergency vehicles. Because the applicant is
only proposing 5 additional parking spaces, and with the shared parking there is already
sufficient parking to serve the proposed use, staff does not feel that it is necessary to make a
bad situation any worse.
The visual clearance requirements of Chapter 18.795 will be met.
The visual clearance standards will continue to be met.
FINDING: Based on the analysis above, staff finds that the variance criteria have not been
met. In order to find that the proposal can be approved without the variance,
the applicant must submit a revised plan that shows the 5 proposed parking
spaces deleted from the site plan OR the access drive must be widened to
provide, at minimum, a 40-foot pavement width.
CONDITION:Submit a revised plan that shows the 5 proposed parking spaces deleted from
the site plan OR the access drive must be widened to provide, at minimum, a
40-foot pavement width.
Adjustment to the Front Yard Setback:
Up to a 25% reduction of the dimensional standards for the front yard setback required
in the base zone may be approved by means of a Type I procedure, as governed by
Section 18.390.030, using approval criteria contained in Subsection B2 below:
A demonstration that the adjustment requested is the least required to achieve the
desired affect; The adjustment will result in the preservation of trees, if trees are
present in the development area; The adjustment will not impede adequate emergency
access to the site; There is not a reasonable alternative to the adjustment which
achieves the desired affect.
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. ' • •
The applicant has requested an Adjustment to the front yard setback required for a
Conditional Use. The Conditional Use standards require a 25-foot setback for Religious
Institutions, whereas, the applicant has requested the setback be 20 feet. The front yard
setback is adjacent to the existing daycare which is zoned C-P as well. It makes sense to
allow this adjustment given that the setback will not be detrimental to another persons
privacy or property rights. The reduced setback will not impede adequate emergency access
to the site. Staff feels that, given that this is being reviewed as part of a Planned
Development which allows flexibility, and that the adjacent property is zoned and developed
commercial, that this Adjustment is reasonable and should be approved. �
FINDING: Based on the analysis above, staff finds that the front yard setback adjustment
is acceptable.
Access, Eqress and Circulation:
Walkways:
On-site pedestrian walkways shall comply with the following standards: Walkways
shall extend from the ground floor entrances or from the ground floor landing of stairs,
ramps, or elevators of all commercial, institutional, and industrial uses, to the streets
which provide the required access and egress. Walkways shall provide convenient
connections between buildings in multi-building commercial, institutional, and
industrial complexes. Unless impractical, walkways shall be constructed between
new and existing developments and neighboring developments;
There is an existing walkway along the access drive and there is a walkway proposed from
the parking lots to the proposed structures. There is not, however, a clearly marked
connection between the 2 walkways across the parking lot. A condition is necessary to
insure that this is provided.
Wherever required walkways cross vehicle access driveways or parking lots, such
crossings shall be designed and located for pedestrian safety. Required walkways
shall be physically separated from motor vehicle traffic and parking by either a
minimum 6-inch vertical separation (curbed) or a minimum 3-foot horizontal
separation, except that pedestrian crossings of traffic aisles are permitted for
distances no greater than 36 feet if appropriate landscaping, pavement markings, or
contrasting pavement materials are used. Walkways shall be a minimum of four feet in
width, exclusive of vehicle overhangs and obstructions such as mailboxes, benches,
bicycle racks, and sign posts, and shall be in compliance with ADA standards; and
The applicant, as conditioned above, will be required to provide a clearly marked walkway
across the parking lot to connect the existing and proposed walkway. By complying with this
condition, this standard will be satisfied.
Required walkways shall be paved with hard surfaced materials such as concrete,
asphalt, stone, brick, etc. Walkways may be required to be lighted and/or signed as
needed for safety purposes. Soft-surfaced public use pathways may be provided only
if such pathways are provided in addition to required pathways.
The plans indicate that the proposed walkway will be concrete.
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 100 parking spaces is one 50-foot-wide access with a
40-foot pavement width or two 30-foot-wide access points with 24 feet of pavement.
Vehicular access shall be provided to commercial or industrial uses, ar�d sh�ll 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.
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' l�ile�a�cess is only 30 feet and serves over 100 cars. This was approved by a Variance as part
of a previous application. The applicant has requested a Variance to allow more parking off of
this driveway. As discussed, staff has recommended against this request.
Director's Authority to Restrict Access:
Section 18.705.030.K states that in order to eliminate the need to use public streets for
movements between commercial and industrial properties, parking areas shall be
designed to connect with parking areas on adjacent properties unless not feasible. The
Director shall require access easements between properties where necessary to provide
for parking area connections.
The site already has shared parking and access, therefore, this standard is satisfied.
FINDING: Based on the analysis above, staff finds that the access and egress standards
are not satisfied, however, if the applicant complies with the condition below, this
standard will be met.
CONDITION: Submit a revised plan that shows a clearly marked walkway across the access
drive/parking lot connecting the existing sidewalk and the proposed sidewalk.
Landsca in and Screenin —Cha ter 18.745:
treet trees: Section 18.745.040 states that all development projects fronting on a
public street shall be required to plant street trees in accordance with Section
18.745.040.0 Section 18.745.040.0 required that street trees be spaced between 20
and 40 feet apart depending on the size classification of the tree at maturity (small,
medium or large).
The property has no street frontage other than the access drive, therefore, this standard can
not be applied.
Land Use Buffering and Screening:
Section 18.745.080 requires that at a minimum the buffer between a proposed
Commercial use and residential use must contain a 10-20 foot buffer with trees,
lawn/groundcover, shrubs, and screening.
The property to the west is zoned and developed with existing single-family residential homes.
The applicant must, therefore, provide for a buffer based on the matrix in Table 18.745.2. The
applicant's plans show the building will be set back 55 feet from the western property line and
landscaping is provided with a laurel hedge, cedar trees and lawn, which provides the most
stringent screening option (Level F).
Screening - Special Provisions:
Section 18.745.050.E requires the screening 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) parking spaces in order to provide a canopy 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 majority of the parking is existing. The applicant has proposed 5 additional parking spaces
which, if the access drive is widened and the spaces are permitted, will have the required
screening.
FINDING: Based on the analysis above, the landscaping and screening standards have
been fully met.
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Off-Street Parkinq and Loading (18.765): �
Disabled-Accessible 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.
The majority of parking is existing and the proposed parking spaces, which were intended to
be ADA accessible, are not approved unless the access drive is widened. The applicant
must, however, provide for ADA accessible spaces to the new structures. The amount of
spaces required is based on the number of spaces on this site alone (22 spaces), therefore,
one (1) additional ADA space is needed.
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 access drive to the site is existing. As discussed previously, the dimensions are non-
conforming based on the number of parking spaces. Provided they do not increase the
parking spaces already approved, the driveway dimension is acceptable as it has been
approved by a previous Variance.
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 clearly 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 parking lot is existing and parking spaces are clearly marked, therefore, this standard is
satisfied.
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.
The existing parking area has curbs along the perimeter. There is bark dust adjacent to the
parking area that meets the low lying landscape requirement, therefore, this standard is
satisfied.
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� ��ac� 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' x 18.5' for
a standard space and 7.5' x 16.5' for a compact space; aisles accommodating two
direction traffic, or allowing access from both ends, shall be 24 feet in width.
The parking spaces are existing, therefore, this standard does not apply.
Bicycle Parking Location and Access:
Section 18.765.050 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 aisles, landscape areas or pedestrian ways; outdoor bicycle parking
shall be visible from on-site buildings and/or the street. VlOhen 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.
The proposed bicycle rack is within 50 feet of the entrance Ashram and is not located in
parking aisles, landscape areas or pedestrian ways. _
Bicycle Parking Design Requirements:
Section 18.765.050.C. The following design requirements apply to the installation of
bicycle racks: The racks required for required bicycle parking spaces shall ensure
that bicycles may be securely locked to them without undue inconvenience. Provision
of bicycle lockers for long-term (employee) parking is encouraged but not required;
bicycle racks must be securely anchored to the ground, wall or other structure;
bicycle parking spaces shall be at least 2�h feet by six feet long, and, when covered,
with a vertical clearance of seven feet. An access aisle of at least five feet wide shall
be provided and maintained beside or between each row of bicycle parking; each
required bicycle parking space must be accessible without moving another bicycle;
required bicycle parking spaces may not be rented or leased except where required
motor vehicle parking is rented or leased. At-cost or deposit fees for bicycle parking
are exempt from this requirement; 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 drained.
The applicant has not provided detail of the 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 specified in Table
18.768.2 in Section 18.765.070.H. In no case shall there be less than two bicycle
parking spaces.
Table 18.768.2 states that for Religious Institutions, one (1) bicycle parking space is required
for every 20 seats in the main assembly area. The applicant has indicated that there will be up
to 178 chairs in the main assembly, therefore, nine (9) bicycle parking spaces are required.
The applicant has indicated that six (6) bicycle parking spaces will be provided. The applicant
must revise the plan to provide three (3) additional bicycle parking spaces.
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.
SWAMI VISWA PREMANANDA TEMPLE ADDITION PAGE 15 OF 23
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Table 18.765.2 states that the minimum parking for a Religious Institution is one (1) space �or �
every two (2) seats. Because up to 178 seats will be provided in the main assembly area, 89
parking spaces are required. There are 22 parking spaces in this site and 74 on the adjacent
site with which the applicant has a shared parking agreement. Because the total number of
spaces available is 96 and the uses are compatible in that the peak hours do not overlap, this
standard has been satisfied. In addition, a condition recommended as part of the Conditional
Use approval will insure that no worship services are scheduled during the "normal" office
hours.
FINDING: Based on the analysis above, the off-street parking and loading standards have
been met.
CONDITIONS:
. Submit a revised plan that shows one (1) van accessible handicap space will
be provided that includes a 9-foot-wide space with an 8-foot-wide aisle in front
of the proposed development.
. Submit a detail of the bicycle rack.
. Submit a revised plan that shows three (3) additional bicycle parking spaces
will be provided.
Tree Removal — Chapter 18.790
Section 18.790.030 requires that a tree plan for the planting, removal and protection of
trees prepared by a certified arborist be provided for a conditional use application.
The tree plan shall include identification of all existing trees, Identification of a
program to save existing trees or mitigate tree removal over 12 inches in caliper,
identification of which trees are proposed to be removed, and a protection program
defining standards and methods that will be used by the applicant to protect trees
during and after construction.
The applicant's plans do not show any trees will be removed, therefore, this standard does
not apply.
FINDING: Because the applicant has not proposed to remove and trees, this standard has
been met.
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, 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, therefore, this standard
is satisfied.
FINDING: Based on the analysis above, the standards of Chapter 18.795, Visual
Clearance Areas have been met.
SWAMI VISWA PREMANANDA TEMPLE ADDITION PAGE 16 OF 23
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' �tree't And Utility Improvements Standards - Chapter 18.810:
Chapter 18.810 provides construction standards for the implementation of public and
private facilities and utilities such as streets, sewers, and drainage. The applicable
standards are addressed below:
Streets:
Improvements:
Section 18.810.030.A.1 states that streets within a development and streets adjacent
shall be improved in accordance with the Tigard Development Code (TDC) standards.
Section 18.810.030.A.2 states that any new street or additional street width planned as
TDC�ion of an existing street shall be dedicated and improved in accordance with the
Minimum Rights-of-Way and Street Widths: Section 18.810.030(E) requires an arterial
street to have a 60 to 90 right-of-way width and 12-foot lanes. Other improvements
required may include on-street parking, sidewalks and bikeways, underground utilities,
street lighting, storm drainage, and street trees.
This site lies adjacent to SW Hall Boulevard, which is classified as an arterial on the City of
Tigard Transportation Plan Map, and is under the jurisdiction of the Oregon Department of
Transportation (ODOT). At present, there is approximately 60 feet of ROW according to the
most recent tax assessor's map. This roadway will eventually be widened to have 5 lanes
with bike lanes. This type of roadway will require the full 90-foot ROW. Therefore, the
applicant should dedicate additional ROW along this frontage to provide 45 feet from the
centerline.
SW Hall Boulevard is currently improved with a centerline-to-curb dimension of
approximately 25 feet. This is an interim width approved by ODOT. There is an existing
driveway apron that serves the site and other ad�acent uses (Kindercare and Hall Park
Office).
ODOT submitted comments, dated November 1, 1999, to the City with regard to this project.
ODOT is concerned about the current width of the shared access into this site. Of particular
concern is the potential for vehicles intending to enter the Kindercare site backing up into Hall
Boulevard due to queuing of exiting cars biocking the Kindercare access. 060T believes
the access should be widened to provide for three lanes to help alleviate this potential
problem. In addition, ODOT recommends the City require the applicant to schedule their
peak traffic into this site such that there is no conflict with the peak traffic periods generated
by the Kindercare and Hall Park Office sites.
These two issues will be covered in more detail in the Planning Department section of this
report, under Section 18.705, Access, Egress, and Circulation.
Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City
design standards and be located on both sides of arterial, collector and local
residential streets. ,
There is an existing sidewalk along the frontage of SW Hall Boulevard adjacent to this site.
No further sidewalk improvements are necessary.
Sanitary Sewers:
Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to
serve each new development and to connect developments to existing mains in
accordance with the provisions set forth in Design and Construction Standards for
Sanitary and Surface Water Management (as adopted by the Unified Sewerage A�ency
in 1996 and including any future revisions or amendments) and the adopted polic�es of
the comprehensive plan.
Over-Sizin�: Section 18.810.090.0 states that �roposed sewer systems shall include
considerat�on of additional development within the area as projected by the
Comprehensive Plan.
SWAMI VISWA PREMANANDA TEMPLE ADDITION PAGE 17 OF 23
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Sanitary sewer service for this site has been provided as a part of the Hall Park Office
development. A 3-inch pressure line was installed within the shared driveway aisle and ties
into the existing public sewer line in SW Hall Boulevard. The pressure sewer line is
necessary due to the fact that this site is at a lower elevation that what the public line in Hall
Boulevard can serve. The new building on this site must be constructed to have a sewer
pump system. No further public sewer improvements are necessary.
Storm Drainage:
General Provisions: Section 18.810.100.A states requires developers to make
adequate provisions for storm water and flood water runoff.
Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or
other drainage facility shall be large enough to accommodate potential runoff from its
entire upstream drainage area, whether inside or outside the development. The City
Engineer shall approve the necessary size of the facility, based on the provisions of
Design and Construction Standards for Sanitary and Surface Water Management (as
adopted by the Unified Sewerage Agency in 1996 and including any future revisions or
amendments).
The Hall Park Office development lies uphill of this site. The majority of the storm water from
that development was directed to the north toward the Highway 217 ROW. The drainage
plan for this site should be able to accommodate any sheet flow that reaches this site from
the wooded area north of the proposed building.
Effect on Downstream Drainage: Section 18.810.100.D states that where it is
anticipated by the City Engineer that the additional runoff resulting from the
development will overload an existing drainage facility, the Director and Engineer shall
withhold approval of the development until provisions have been made for
improvement of the potential condition or until provisions have been made for storage
of additional runoff caused by the development in accordance with the Design and
Construction Standards for Sanitary and Surface Water Management (as adopted by
the Unified Sewerage agency in 1996 and including any future revisions or
amendments).
In 1997, the Unified Sewerage Agency (USA) completed a basin study of Fanno Creek and
adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a
recommendation that local governments institute a stormwater detention/effective impervious
area reduction program resulting in no net increase in storm peak flows up to the 25-year
event. The City will require that all new developments resulting in an increase of impervious
surfaces provide onsite detention facilities, unless the development is located adjacent to
Fanno Creek. For those developments adjacent to Fanno Creek, the storm water runoff will
be permitted to discharge without detention.
The applicant's plan indicates that there will be a vegetated swale constructed adjacent to
the southern boundary of the site. It is not clear whether the applicant intends for this facility
to serve as a detention facility combined with surface water treatment. The applicant may
need to adjust their storm drainage plan to accommodate the detention requirement.
The plan also indicates that the storm water from this site will be directed to an existing storm
drainage line that is located on the adjacent parcels to the east of this site. This existing
private storm drainage line is located within an easement granted in favor of this site, as well
as the Hall Park Office and Kindercare sites. This fact was discovered as a part of the
approval for the Hall Park Office development. No public storm drainage work is necessary
to support this development.
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' C��iliti€s:
Section 18.810.120 states that all utility lines, but not limited to those required for
electric, communication, lighting and cable television services and related facilities
shall be placed underground, except for surface mounted transformers, surface
mounted connection boxes and meter cabinets which may be placed above ground,
temporary utility service facilities during construction, high capacity electric lines
operating at 50,000 volts or above, and:
• The developer shall make all necessary arrangements with the serving utility to
provide the underground services;
• The City reserves the right to approve location of all surface mounted facilities;
• All underground utilities, including sanitary sewers and storm drains installed in
streets by the developer, shall be constructed prior to the surfacing of the streets;
and
• Stubs for service connections shall be long enough to avoid disturbing the street
improvements when service connections are made.
Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a
developer shall pay a fee in-lieu of under-grounding costs when the development is
proposed to take place on a street where existing utilities which are not underground
will serve the development and the approval authority determines that the cost and
technical difficulty of under-grounding the utilities outweighs the benefit of under-
grounding in conjunction with the development. The determination shall be on a case-
by-case basis. The most common, but not the only, such situation is a short frontage
development for which under-grounding would result in the placement of additional
poles, rather than the removal of above-ground utilities facilities. An applicant for a
development which is served by utilities which are not underground and which are
located across a public right-of-way from the applicant's property shall pay a fee in-
lieu of under-grounding.
There are existing overhead utility lines along SW Hall Boulevard. If the fee in-lieu is
proposed, it is equal to $27.50 per lineal foot of street frontage that contains the overhead
lines. The frontage along this site is 32 lineal feet; therefore, the fee would be $880.
ADDITIONAL CITY AND/OR AGENCY CONCERNS REGARDING STREET AND UTILITY
IMPROVEMENT STANDARDS:
Public Water System:
This site lies within the Tualatin Valley Water DistricYs (TVWD) service area. As a part of the
Hall Park Office development, domestic and fire water lines were installed to serve both that
project and this project. No additional public water line work will be necessary to support this
development.
Storm Water �uality:
The City has agreed to enforce Surface Water Management (SWM) regulations established
by the Unified Sewerage Agency (USA) Design and Construction Standards (adopted by
Resolution and Order No. 96-44) which require the construction of on-site water quality
facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained
in 100 percent of the storm water runoff generated from newly created impervious surfaces.
In addition, a maintenance plan shall be submitted indicating the frequency and method to be
used in keeping the facility maintained through the year.
Prior to construction, the applicant shall submit plans and calculations for a water quality
facility that will meet the intent of the USA Design Standards. In addition, the applicant shall
submit a maintenance plan for the facility that must be reviewed and approved by the City
prior to construction.
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r CUP1999-00001/PDR1999-00002NAR1999-00024/MIS1999-00026 PLANNING COMMISSION FINAL ORDER NO.99-03PC
As was stated above, the applicant is proposing to treat the onsite storm water runoff iri a
vegetated swale. It appears that the site plan has allowed enough room for an adequately
sized swale.
To ensure compliance with Unified Sewerage Agency design and construction standards, the
applicant shall employ the design engineer responsible for the design and specifications of
the private water quality facility to perform construction and visual observation of the water
quality facility for compliance with the design and specifications. These inspections shall be
made at significant stages throughout the project and at completion of the construction. Prior
to final building inspection, the design engineer shall provide the City of Tigard (Inspection
Supervisor) with written confirmation that the water quality facility is in compliance with the
design and specifications.
Grading and Erosion Control:
USA Design and Construction Standards also regulate erosion control to reduce the amount
of sediment and other pollutants reaching the public storm and surface water system
resulting from development, construction, grading, excavating, clearing, and any other activity
which accelerates erosion. Per USA regulations, the applicant is required to submit an
erosion control plan for City review and approval prior to issuance of City permits.
Address Assignments:
The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard
and within the Urban Service Boundary (USB). An addressing fee in the amount of $30 per
address shall be assessed. This fee shall be paid to the City prior to issuance of the site
and/or building permit. For this project, the addressing fee will be $30 to account for the new
building.
FINDING: Based on the analysis above, the street utility and improvement standards have
not been met outright, however, if the applicant complies with conditions 10
through 15 specified at the front of this report, the standards will be met.
D. ADDITIONAL PLANNED DEVELOPMENT CRITERIA
Section 18.350.100(B)(3) (a) through (I) provides additional Planned Development Review
approval standards not necessarily covered by the provisions of the previously listed
sections. These other standards are addressed immediately below with the following
exceptions: The following have been discussed previously in this report and will not be
discussed in this Section: 18.350.100.B.3.b, 18.350.100.6.3.f, 18.350.100.B.3.g,
18.350.100.B.3.i, 18.350.100.B.3.j, 18.350.100.B.3.k
Relationship to the Natural and Physical Environment:
The streets, buildings and other site elements shall be designed and located to
preserve the existing trees, topography and natural drainage to the greatest degree
possible; Structures located on the site shall not be in areas subject to ground
slumping and sliding; There shall be adequate distance between on-site buildings and
other on-site and off-site buildings on adjoining properties to provide for adequate
light and air circulation and for fire protection; The structures shall be oriented with
consideration for the sun and wind directions, where possible; and Trees preserved to
the extent possible. Replacement of trees is subject to the requirements of Chapter
18.790, Tree Removal.
The buildings have been located on the site to preserve existing trees. There is not
significant topography or drainage that will be affected as a result of this proposal. There are
no known areas of ground slumping or sliding on site. The proposed setbacks will insure that
there is adequate light and air circulation. Fire protection has been considered and the
location of these buildings will not hamper fire protection. There are no trees proposed to be
removed.
SWAMI VISWA PREMANANDA TEMPLE ADDITION PAGE 20 OF 23
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� � F�iVDING: Based on the analysis above, staff finds the relationship to the natural and
physical environment standards have been met.
Privacy and Noise:
Non-residential structures which abut existing residential dwellings shall be located
on the site or be designed in a manner, to the maximum degree possible, to protect
the private areas on the adjoining properties from view and noise;
FINDING: The temple will be the closest structure to the single-family dwellings west of
the site, however, given the distance from the property line and the fact that it is
oriented towards Hall Boulevard, this standard is met. The Ashram is
considered a residential structure, therefore, this standard does not apply to
that structure.
Private Outdoor Area - Multi-Family Use:
In addition to the requirements of subparagraph (3), each ground-level residential
dwelling unit shall have an outdoor private area (patio, terrace, porch) of not less than
48 square feet; Wherever possible, private outdoor open spaces should be oriented
toward the sun; and Private outdoor spaces shall be screened or designed to provide
privacy for the use of the space.
While the use is not truly multi-family, all but 2 of the rooms have a deck, the other 2 have
access to a deck via a shared room.
FINDING: Based on the analysis above, this standard has been met.
Shared Outdoor Recreation Areas - Multi-Family Use:
In addition each multiple-dwelling development shall incorporate shared usable
outdoor recreation areas within the development plan as follows: Studio units up to
and including two bedroom units, 200 square feet per unit; and Three or more
bedroom units, 300 square feet per unit. Shared outdoor recreation space shall be
readily observable from adjacent units for reasons of crime prevention and safety;
The required recreation space may be provided as follows: It may be all outdoor
space; or It may be part outdoor space and part indoor space; for example, an outdoor
tennis court and indoor recreation room; or It may be all public or common space; or It
may be part common space and part private; for example, it could be an outdoor
tennis court, indoor recreation room, and balconies on each unit; or Where balconies
are added to units, the balconies shall not be less than 48 square feet.
While this is not truly multi-family because each room is not a self-contained unit, there are
shared worship areas, yoga classrooms and open space.
FINDING: Based on the analysis above, this standard has been met.
Public Transit:
Provisions for public transit may be required where the site abuts a public transit
route. The required facilities shall be based on: (a) The location of other transit
facilities in the area; and (b) The size and type of the proposed development. The
required facilities shall be limited to such facilities as: (a) A waiting shelter; (b)A turn-
out area for loading and unloading; and (c) Hard surface paths connecting the
development to the waiting area.
The access drive fronts SW Hall Boulevard, which is on a transit route, however, because
the entire frontage is taken up by the access drive, this standard can not be applied.
FINDING: Because the entire frontage on the transit route is taken up by the access drive,
there is no place to provide transit facilities and, therefore, this standard can not
be applied.
SWAMI VISWA PREMANANDA TEMPLE ADDITION PAGE 21 OF 23
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Floodplain Dedication: � � �
Where landfill and/or development is allowed within or adjacent to the 100-year
floodplain, the City shall require consideration of the dedication of sufficient open land
area for a greenway adjoining and within the floodplain. This area shall include
portions of a suitable elevation for the construction of a pedestrian/bicycle pathway
with the floodplain in accordance with the adopted pedestrian bicycle pathway plar�.
The proposal is not within or adjacent to the 100-year floodplain, therefore, this standard does
not apply.
FINDING: Because the site is not within or adjacent to the 100-year floodplain, this
standard does not apply.
SECTION VIII. OTHER STAFF COMMENTS
The City Building Division has reviewed the proposed and offered the following comments:
(1) All underlying land division must be consolidated into one legal description, (2) Provide
accessible parking for phase #1, (3) Provide accessible route from all required exists of
phase 1 to the public way. Marked crossings are required; (4) Will there be 2 site permits or
done under 1 for both phases? (5) Occupancy will be based on 200 square feet per person;
(6) Phase 1 is a R-1 congregate residence; (7) Provide a auto fire alarm, manual fire alarm
and fire sprinklers if occupant load is 20; (8) Provide accessible rooms, 1106.2.2,
1106.1.10.6, table 11-B and 1109.25; (9) Correct scale on site plan 1"=30'; (10) Provide fire
truck access to within 150 feet of all exterior walls, a turn-around is required; (11) How many
quests to a guest room? (12) An elevator is required for temple; (13) Area of rescue is
required in lower temple area; (14) Is the lower level a story or a basement?; (15) Type of
construction V-1 HR; (16) Is the dining hall a multi-use room?; (17) Ramp to lower level
slope? (18) Too much to comment on.
The City Police Department has had the opportunity to review the proposal and has
requested that a lighting plan be submitted for review and approval.
The City of Tigard Utility Manager has had the opportunity to review the proposal and
indicated that all sanitary and storm sewer are to be private.
The City of Tigard Property ManagemenUOperations Department has had the
opportunity to review the proposal and has offered no comments or objections.
SECTION IX. AGENCY COMMENTS
The Oregon Department of Transportation has reviewed the proposal and offered the
following comments:
The proposed developmenYs sole access is to Hall Blvd. According to the Oreqon Hiqhway
Plan, Hall Blvd. Is a State facility with a District highway classification. We have an interest in
ensuring that proposed land uses do not negatively impact the safe and efficient use of this
facility.
We are concerned with the ability of the two lane highway access to safely accommodate the
continued increase in traffic. Particularly, we are concerned that vehicles intending to enter
the Kindercare site may not be able to directly turn in due to queuing which blocks the
access. This could potentially cause vehicles to back up on the highway creating a potential
safety problem. When the adjacent property to the north of the access road develops, the
access should be widened to accommodate a three lane section. This improvement would
alleviate ODOT's concerns.
SWAMI VISWA PREMANANDA TEMPLE ADDITION PAGE 22 OF 23
. CUP1999-00001/PDR1999-00002NAR1999-00024/MIS1999-00026 PLANNING COMMISSION FINAL ORDER NO.99-03PC
' � I�I��e 'r�commend the City condition the Temple Expansion such that their peak traffic
generation ties do not coincide with the peak traffic generation times of the Office
development to the north or the Kindercare development to the southeast of the site. This
condition would allow the Temple to expand without adding traffic pressure to the highway
access.
We encourage the applicant to work with the property to the north of the access road as they
prepare development plans to ensure that the access is widened to accommodate the needs
of all the property owners who share the highway access.
Staff response: These comments have been discussed under the Street, Utility and
Improvement Standards section and Variance discussion of this report.
Unified Sewerage Agency has reviewed the proposal and offered comments which have
been incorporated into the body of this report.
Portland General Electric, NW Natural Gas, TCI Cable, General Telephone, Tri-Met, US
West, and Tualatin Valley Water District were given the opportunity to review this proposal
and submitted no comments or objections.
SECTION X. CONCLUSION
It is further ordered that the applicant and the parties to these proceedings be notified of the
entry of this order.
PASSED: This 6th day of December, 1999 by the City of Tigard Planning
Commission.
(Signature box below)
�. �, C
�`�/
Nick Wilso� Planning Commission Chair
i:\curpin\julia\C U P99-01.final.doc
SWAMI VISWA PREMANANDA TEMPLE ADDITION PAGE 23 OF 23
CUP1999-00001/PDR1999-00002NAR1999-00a24/MIS1999-00026 PLANNING COMMISSION FINAL ORDER NO.99-03PC
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EXHIBIT MAP N VAR1999=00024/MIS1999=00026 —
ma is not to sca�e SWAMI VISWA TEMPLE EXPANSION
� �� . - .
ST� GEOGRAPniCIN�ORMnTION SVSTEM
� I
VICINITY MAP
ti�y
2�� ' CUP I 999-00001
�
' PDR I 999-00002 I
,
VAR I 999-00024
sT MIS I 999-00026
c� ' � ____________
u�, o � � �' SWAMI VISWA
°' , __ , � TEMPLE EXPANSION
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2 SUBJECT � '
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I Q Q �<II \J� Informalion on this map is/or general loption only and �
�i .A a h o u l d b e v e n f i e d w i t h t h e D e v e l o p m e�t S e rv i c s�D i v i s i o n.
�� 13125 SW Hall Blvd
///��� i` yl Tigard,OR 97223 � �
/ �,, . �\ (503)639-4171
. \
�_—___�__I� � — /_�;_ .__---_`--� /` �, h11p9Nmw.ci.ligard.or.us
Community Development Plot date: Sep 21, 1999;C:�magiclMAGIC03.APR
I
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"EXHIBIT B"
NOTICE OF FINAL ORDER BY THE PLANNING
COMMISSION N0.99-03PC
Swami Viswa Temple Premananda ____________________________________________________
� �515 SW Ha�� B�Vd. CUP1999-00001/PDR1999-00002NAR1999-00023/MIS1999-00026
SWAMI VISWA PREMANANDA TEMPLE ADDITION
Tigard, OR 97223 ____________________________________________________
Alpha Engineering
Mike Miller, Project Manager
Plaza West, Suite 230
9600 SW Oak Street
Portland, OR 97223
Marah Danielson
Planner/Development Review
Department of Transportation, Region 1
123 NW Flanders
Portland, OR 97209-4037
Sudhir Adettiwar
16537 NW Paddington
Beaverton, OR 97006
Avinash Pradhan
14990 SW Beard Rd.
Beaverton, OR 97007
i
� : . •�. . TIGARD
PLANNING COMMISSION �
CITY OF TIGARO
� OREGON
NOTICE: PEOPLE WISHING TO SPEAK ON ANY ITEM MUST PRINT TI�IR NAME AND ADDRESS
ON THIS SI�ET.
AGENDA ITEM N: �. � Page�of DATE OF HEARING:�Z/ � / �7
CASE NUMBER(S): C�(P /��lj l 6600 f �f� /lllf�j -U0�02 j �`J — a�
OWNER/APPLICANT: �' � �,'Oh
LOCATION:
ll S/S SG� ��/l �/vd.
PLEASE PRINT YOUR NAME, ADDRESS, AND ZIP CODE
----------------------------------------------------------------
----------------------------------------------------------------
PROPONENT (For the proposal) OPPONENT (Against the proposal)
----------------------------------------------------------------
----------------------------------------------------------------
(Print Name/Address/Ilp d�Affiliation) (Print Name/Address%!1p&Affiliation)
\
' S i�d��in � �,Q.b�'�� �v�..
Name� Name:
Address: 1��3 7 N(/�? �rnc�c�,�'�q�t_�J Address:
Citv:g��l��'1 State: Q Ziv: ��C?DG, Citv: State: Zip:
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Name: '��1/� ����{ ��� �--�1�1`+-, Name:
Address: � � '�J �� ' ���� �?��ddress:
Ciry:�l2��y � State: � � , Zip�"�7�� Citv: State: Zia:
Name: Name:
Address: Address:
Ciry: State: Zin: Citv: � State: Zip:
Name: Name:
Address: Address:
Citv: State: Zip: Eity: State: Zip:
Name: Name:
Address: Address:
Ciri: State: Zia: Citv: State: Zip:
,
. �
! CONDITIONAL USE APPLICATION
'�.- 13125 SW Hal181vd., Tigard, OR 97223(503) 639-4171 FAX: (503) 684-7297
CITY OF TiGARD
GENERAL INFORMATION PRE-APP. HELD WITH: ���� ��
DATE OF PRE-APP.: Z
Property Address/Location(s): � �5 I 5 .s►hl H A L� G L�'�
T� 4 A�-� `l�; f>R��' p � g�Z 2�j FOR STAFF USE ONLY
Tax Map 8 Tax Lot#(s): � 4 0 O S. (�,� o � N►� Case No.(sj: ��fJ�� ' (-� � �
1 S1 `3 5�f� '3 S�3 Other Case No.(s): ` — �
Recei t No.: ^ , / ,� -�J�;',
Site Size: 1• (0 7 � chtJ3 � r3,o<O S7• F�� P .
Property Owner/Deed Holder(s)': SW A�►'l� VIS�t//� ►'�mA�;,q-t,��� APp�ication Accepted By:� _ �;i';f i ,
r, ,-�
Date: ' /
= Address: 11S1s SI�V H/-}LL. [3LV� Phone: ��3-5�$-3073
c�cy: I i G�D,_ o R�c�c�N z�P: �72 23
Applicant•: S�r /�S G�N E� Date Determined To Be Complete:
Address: � S �v F Phone:
Comp PIan/Zone Designation:
Ciry: Zip: �j��G �
'When the owner and the applicant are different people, the applicant �as�–
must be the purchaser of record or a lessee in possession with written CIT Area:
authorization from the owner or an agent of the owner. The owner(s) Re�.4/25/97 i:VCUrpinVnasterslcua.doc
must sign this application in the space provided on the back of this
form or submit a written authorization with this application.
� PROPOSAL SUMMARY
REQUIRED SUBMITTAL ELEMENTS
The owners of record of the subject property request Conditional
.�L ✓ Application Elements Submitted:
Use approval to allow(please be specific): r►C �An 5}�►.�.�C.�c�
oF �-��v��s��J ad������ �o e�s��g
pplication Form L��`'�^
h��,s� c��1 +1�� s�uU�ov� o F
Owners SignatureNVritten Authorization 4'«�
c� Te�rr,�le q S s►�pyU,� ��..� Title Transfer Instrument or Deed �a�
aY� Ca S)
Site/Plot Plan _ �tQ�
F'�q Y1 . (#of copies based on pre-app check list)
Site/Plot Plan (reduced 8'/:"x 11") �i'��
ApplicanYs Statement (ne�
(�t of copies based on pre-app check list)
❑ USA Sewer Use Information Card
_ (Distn�fbuted/completed at application submittal) (
' yl ed�
Filing Fee�1,615.00 �
� � I v4�v0 ��1(��cess
:�
� ���,4•0 0 0^' �•aGP_i
�
�
. �
1
List any VARIANCF. CONO(T10NAL USE, SENSRNE LANDS, OR OTHER IAND USE ACTIONS to be consideced as
part ot this �ppl[catton:
�C r�e S S �'� E!►�(;�
APPUCANTS:
To consider an applfc�tic� comptet�. you will need to submit ALL of the REQI�IRED SIjBMITTAL ELEMENTS as
described on the front of this applicat�on in tt�e"Required SubmitUl Elements" box.
(Oetailed Submittal Requireme�t Infortnation sheets can be obtained,upon request, for all rypes of Land Use Applicaaons.)
THE APPLICANT(S)SHALL CERTIFY THAT:
. The above reauest does not violate anv deed restriction� that mav be attached to or imo�e; �oon the s�bjgs;
Ri4�S�L.
• If the appGcation is granted, t�e appficant w�'p exe�ise the rights granted in accardance with the terms and subjeci to all
the conditions and I'imitations of tt�e approval.
• All of tt�e above statements and the statemenfs in the plot plan. attachments, and exhibits transmitted herewith, are trve;
and the aFpGcants so acknowiedge t�at any pertnit issued, based on this applicaGon, may be revoked if it is found �at
arry such siatements are false. '
• The appC�cant has read the entire contents of t�e application, indud'u�g the poficies and uiteria, and understands the
requirements for approving or denying the appl'rcation. .
SIGNATURES of each owner ot the subject property.
DATED this 1 �} day of rn�' G H 1 g��
Owner's Signature S w�M I V I S1�J A 1 Owner's Signature
C h2�n�AN�N�A /
Owne�s S+gnature Owner's Signature
2
�.
/� +��� h m�.l�t `�
� . �
.
PLANNED DEVELOPMENT
TYPE III APPLICATION
CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223(503) 639-4171 FAX:(503) 684-7297
o � -6 y^ �,�,e�
GENERAL INFORMATION PRE-APP. HELD WITH:
DATE OF PRE-APP.:
Property Address/Location(s): ��5�S S h/ ����� �����
FOR STAFF USE ONLY
Tax Map 8�Tax Lot#(s): �j � 3 5 � ✓� D I��� . 1��
,�35 0� � �D�z 19 99-o�o�
Case No.(s):
Site Size: +� 2��Gtc�,S Other Case No.{s)�uU��-�DO/
Property Owner/Deed Holder(s)*:�rah�-�rema na.��� X�Stir�i,�. Receipt No.:
Address: //5/� S ►„� l��zll g%,�,�. Phone: Application Accepted By: �
� - . Date: � �
city: T_i e,� r9�Z z�p: 9'7�3 � �° -
' Applicant'`: �a-f'I'LC Date Determined To Be Complete:
Address: Phone:
City: Zip: Comp Plan/Zone Designation:
* When the owner and the applicant are different people, the
applicant must be the purchaser of record or a lessee in possession CIT Area:
with written authorization from the owner or an agent of the owner
with written authorization. The owner(s) must sign this application in Rev.11126/98 i:lcurpinlmasters�pda.doc
the space provided on the back of this form or submit a written
authorization with this application.
PROPOSAL SUMMARY REQUIRED SUBMITTAL ELEMENTS
The owners of record of the subject property request permission to ✓ Application Elements Submitted:
create a Planned Development consisting of(please be specific):
. ��m��� �� �� � ❑ Application Form
(' �c`�'i�'7� �{D GLh P.��.57�i' � �Lu lcEc.�u, •
�-�► ❑ Owner's Signature/Written Authorization
�g�U� � Te �e. ❑ Title Transfer Instrument or Deed
❑ Site/Plot Plan
(#of copies based on pre-app check list)
❑ Site/Plot Plan (reduced 8'/z"x 11")
❑ ApplicanYs Statement
(#of copies based on pre-app check list)
❑ 2 Sets of Pre-Addressed/Pre-Stamped
Legal Size Envelopes
❑ Filing Fee (Detailed) $ 510.00
(Conceptual) $2,170.0
1
I
l
Y
� • �
1
List any VARIANCE, CONDITIONAL USE, SENSITIVE LANDS, OR OTHER LAND USE ACTIONS to be considered as
part of this application:
�('��s Yl�rr�c�7<�� ' �la� n��r` l��;iE li� ,-��h�,c.7"
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.
(Detaifed Submittal Requirement InfoRnation sheets can be obtained, upon request,for all types of Land Use Applications.)
THE APPLICANT(S)SHALL CERTIFY THAT:
• The above re�uest does not violate any deed restrictions that may be attached to or imposed upon the subject
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 properly.
T�
DATED this �� day of �s� , 19��
X �' __
Owner's Signature Owner's Signature
Owner's Signature Owner's Signature
2
. •
C��--{-u c..h m e..v��l- �
� • � -
VARIAN C E
TYPE II APPLICATION
CITY OF TIGARD 13125 SW Hall 8lvd., Tigard, OR 97223(503) 639-4171 FAX: (503) 684-7297
O�-��- I/�2
GENERAL INFORMATION PRE-APP. HELD WITH:
DATE OF PRE-APP.:
Property Address/Location(s): �J 5 I S .s►•� �-� � // ��/��
FOR STAFF USE ONLY
Tax Map &Tax Lot#(s): �-S/ 3s Q A 0/�DO y I�Q'� �I,,,� ., -,
'� J O �j Case No.(s): bli� ,'�l y�'G�'�'�-�
3 Other Case No.(s)'L°cl��1�� �
Site Size: f� ��� Q�it!_S Receipt No.:II - / "�I
Property OwneNDeed Holder(s)*:.�T�c. nv�.�-f�tn n�����la ��
��m Application Accepted By:
Date: ����`�C'l,
Address: ��5 I� ��1 /-�G ll f3/✓�/. Phone:
City:��Td, O� Zip: �7��3
� ApplicanY: S(a.�h.� Date Determined To Be Complete:
Address: Phone:
Comp Plan/Zone Designation:
City: Zip:
• When the owner and the applicant are different people, the
applicant must be the purchaser of record or a lessee in possession CIT Area:
with written authorization from the owner or an agent of the owner.
The owner(s) must sign this application in the space provided on the Rev.ti/26/98 i:lcurpinlmasterslvariance.doc
� back of this form or submit a written authorization with this
application.
� PROPOSAL SUMMARY REQUIRED SUBMITTAL ELEMENTS
The owners of record of the subject property request permission for a
Variance to the following provision(s)of the Community Development � Application Elements Submitted:
Code (please be specific):
❑ Application Form
��u.Le-nC� `�O Q-cLE-�S W � C.��._ ❑ Owner's Signature/Written Authorization
❑ Title Transfer Instrument or Deed
❑ Site/Plot Plan
(#of copies based on pre-app check list)
❑ Site/Plot Plan (reduced 8'/:"x 11")
❑ Applicant's Statement
(#of copies based on pre-app check list)
❑ 2 Sets of Pre-Addressed/Pre-Stamped
Legal Size Envelopes
❑ Filing Fee (Administrative)...............$545.00
1
• .
' ,
List any VARIANCE OR OTHER LAND USE ACTIONS to be considered as part of this application:
� -E e� i �0
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 types of Land Use Applications.)
THE APPLICANT(S)SHALL CERTIFY THAT:
• The above reauest does not violate any deed restrictions that may be attached to or imposed ur�on the subject
ro .
• 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 G? ,
/` _.
Owner's Signa re Owner's Signature
Owner's Signature Owner's Signature
2
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�ITY OF TIGia�2D
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.Slr��piu,�]_;i �b'rfter����rnnrurrity
IAND USE PROPOSAL DESCRIPTION � �
120 DAYS=1-12-2000
FILE NO.: CONDITIONAL USE PERMIT(CUPI 1999-00001
PLANNED DEYELOPMENT REVIEW[PDRI 1999-00002
VARIANCE[VAR)1999-00024
SETBACN ADIUSTMENT[MISI 1999-00026
FILE TITLE: SWAMI VISWATEMPLE FJ(PANSION
APPLICANT/ Swami Viswa Premananda PLANNING Alpha Engineering
OWNERS: 11515 SW Hall Blvd. CONSULTANT: Mike Miller, Project Manager
Tigard, OR 97223 Plaza West, Suite 230
9600 SW Oak Street
Portland, OR 97223
REQUEST: The applicant has requested Conditional Use Approval to expand the existing Ashram
(temple). The applicant is also requesting Planned Development approval to allow the
residential use of two bedrooms for the residents and eight guestrooms. A variance has
been requested to the access width. An adjustment to the front yard setback for a
religious facility has also been requested.
LOCATION: The site is located at 11515 SW Hall Blvd. The properties are also identified as WCTM
1S135DA Tax Lot 1400 and 3503.
�ONES: C-P; Professional Commercial.
�4PPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.330, 18.370, 18.390, 18.510, 18.530,
18.705, 18.745, 18.765, 18.775, 18.790, 18.795 and 18.810.
�IT AREA: East CIT FACILITATOR: List Available Upon Request
DECISION MAKING BODY: COMMENTS SENT: Se�te_mber22,1999 DUE: October6,1999
❑ STAFF DECISION DATE OF DECISION:
❑ HEARINGS OFFICER [MONJ DATE OF HEARING: TIME:7:00 PM
0 PLANNING COMMISSION [MONJ DATE OF HEARING: November15,1999 TIME:l:30PM
❑ CITY COUNCIL RUESJ DATE OF HEARING: TIME:):30 PM
COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION
� VICINITY MAP O LANDSCAPING PLAN 0 NARRATIVE
� SITE PLAN 0 ARCHITECTURAL PLAN TRAFFIC IMPACT STUDY
ARBORIST REP�RT 0 OTHER
STAFF CONTACT: lulia Powell Haiduk,Associate Planner [503)639-4111 ext 40l
CUP 1999-00001 Swami Viswa Temple Expansion LAND USE PROPOSAL
.,�.
P��arch 30, 1999
CiTY OF TIGARD
Swami Viswa Premananda OREGON
11515 SW Hall Boulevard
Tigard, OR 97223
Re: Letter of Incomplete Application for CUP 99-0001 Located at
11515 SW Hall Blvd; WCTM 1 S135DA01400.
Dear Swami Viswa Premananda:
Thank you for submitting the conditional use application to allow a religious institution
on the 1.67 acre parcel of land located at 11515 SW Hall Boulevard, in the
Professional/Administrative Commercial (C-P) Zone. Staff reviewed the application
and determined that it is incomplete.
Please clarify or submit the following information so that the use permit application can
be processed:
S��1. Submit two copies of self-addressed and self-stamped envelopes for the 500-foot
public notice mailing requirement. Also, submit a map showing the area that will be
noticed and a list of the names and addresses of the property owners who will be
notified of your request.
2. Submit a project narrative (18 copies) describing the following:
1 . The number of chairs that can fit in the main assembly.
/�� � . The hours of operation for any activity at the ashram and temple that are
proposed.
. The number of people that will reside at the facility. Additional on-site parking
may be needed if the residential use conflicts with the parking needs of the office
use. .
. Describe what will be occurring during the three phases noted on the plans. For
example, describe the approximate dates for each phase, the proposed uses,
hours of operation and size of the facilities that will be built.
�,l�-�,�� . You will also need to address in the narrative the City's code criteria when
��L�� requesting approval of a conditional use (and a religious institution) in the C-P
Zone. Attached (Attachment 1) is a copy of the code provisions that need to be
addressed.
13125 SW Hall BNd., Tigard, OR 97223 (503)639-4171 TDD (503)684-2772
Page 1 of 3
.
3. Submit a site plan that shows the three phases of building construction. Also,
include the proposed height and size of the facilities, the proposed landscaping, the
bicycle and vehicle parking areas (even if it is on the adjoining parcel), sidewalks,
setbacks, lighting, signs, mailboxes, and enclosed garbage enclosures. Please
5� submit an 8Yz" by 11" version of this revised site plan. The site plan does not need to
show elevations, grading, utilities, or erosion control measures. Please note that the
front yard setback for a religious institution is 2 f et. This means e propose
u er from the front property line.
4. Submit a landscape plan (18 copies} showing the location, size and type of trees,
shrubs and ground cover that will be planted on the site. Please note the total area
s� or square footage that will be landscaped so we may be sure that 15% of the site is
landscaped, as it required for the C-P Zone.
s� 5. Submit 18 copies of a tree removal and replacement plan for any trees over 6 inches
of caliper that will be removed.
S� 6. A buffering plan. The code requires buffering be provided along the west property
line since the property abuts a residential zone. This requirement may be satisfied
with landscaping. Attachment 2 discusses the options for meeting the buffering
requirements. This may be located on the landscape plan.
n,�.� 7. Our office sees that you have paid the fee for an access variance. Please complete
the attached variance application to request a reduction of the required a
40-foot-wide driveway to 24-feet (when it provides access to more than a hundred
(100) parking spaces). You may wish to discuss this matter with Mr. Jim Waddle.
He recently came to our office to discuss adding offices along the north side of the
accessway and was also advised that the driveway needs to be enlarged. Mr.
Waddle's phone number is 221-2003. The variance form and the findings that need
to be addressed are also attached (Attachment 3).
�
�.�G� 8. Please submit a final copy of the reciprocal parking agreement. The second party of d`�
the agreement did not sign the version you submitted nor were the exhibits included. �`'
One final note, please be aware that the Tigard Community Development Code does
not allow residential uses in the CP Zone at this location. You have two options in
which to be allowed to build an ashram at this location. Your options are as follows: '�
�}--
. You may request to place the land in a Planned Development (PD) Zone. According �.
to the code, a PD Zone may allow a maximum of 25% of the total gross floor area of
a permitted commercial use to be used for residential uses; or �j
. You may request to change the zoning code to amend the land use classification
section so that residential uses are considered to be an appropriate accessory use
of a religious institution (Section 18.130.020B9).
3/30/99 Swami Viswa Premananda Ltr. Page'L of 3
Re: Incomplete Application Submittal for CUP 99-0001
The PD and Zone Ordinance Amendment applications are also attached (Attachment 4
and Attachment 5). Should you have any questions or need any assistance, please
feel free to call me. My phone number is 639-4171, extension 317. Please note that
the City's development code is on the Internet so that you may directly access it. The
e-mail address is www.ci.tigard.or.us\cd\toc.htm.
Sincerely,
�-�u�i� %��c.�—
Doris Michael
Associate Planner
I:\curpin\doris\cuplcup99-1 ashramincomplete.doc
Attachments 151:
#1 - Conditional Use Permit Criteria/Findings (5 pgs.)
#2- Buffering Requirements (8 pgs.)
#3-Variance Application and Variance Findings (4 pgs.)
#4 - Planned Development Application {2 pgs.)
#5-Zone Ordinance Amendment Application (2 pgs.)
c: CUP 99-0001 Land use file
1999 Planning correspondence file
3/30/99 Swami Viswa Premananda Ltr. Page 3 of 3
Re: Incomplete Application Submittal for CUP 99-0001
ALPHA ENGINEERING, INC.
August 19, 1999
Mr. Mark Roberts
City of Tigard
Community Development Department
13125 SW Hall, PO Box 23397
Tigard, OR 97223
RE: Letter of Incomplete Application for CUP 99-0001
Tigard Ashram Project
Job No. 500-387
Dear Mark:
In response to City of Tigard's letter dated March 30, 1999 regarding completeness
issues of the "Tigard Ashram" project application, we have prepared the following
responses and findings. A copy of your letter is attached for your reference.
1. Submit two copies of self-addressed and self-stamped enve%pes for the 500-
foot public notice mailing requirement. Also, submit a map showing the area
that will be noticed and a list of the names and addresses of the property
owners who will be notified of your request.
RESPONSE: Included with this submittal are two sets of self-addressed/stamped
envelopes as well as a map showing the notice area and a list of property owner
names and addresses.
2. Submit a project narrative describing the following:
� The number of chai�s that can fit in the main assembly.
Approximately 178 chairs fit in the main assembly.
• The hours of operation fo� any activity at the ashram and temple that are
proposed.
Ylaza V4��,t•Saitr'?311•9f�U11 S�� I)ak• P��rtlan�L C)rrc��n 9�'?'?3
Office 503-45Z-8003•Fax:iO3-45Z-8043
RESPONSE: The Ashram will have daily yoga classes scheduled from 6-8 p.m.,
plus individual scripture instruction as requested, primarily on weekends. The
Temple hours are primarily on Saturdays and Sundays, with an occasional
meeting after 6 p.m. on weekdays.
� The number of peop/e that will reside at the facility. Additional on-site
parking may be needed if the residential use conflicts with the parking needs
of the office use.
RESPONSE: Two people reside at the facility at this time.
• Describe what will be occurring during the three phases noted on the plans.
Fo� example, describe the approximate dates for each phase, the proposed
uses, hours of operation and size of the facilities that will be built.
RESPONSE: The initial application described three phases, but has been
amended to two phases. Phase 1 encompasses the addition to the Ashram
tresidential dormitory for monks) and Phase 2 includes the building of the
Temple. The approximate date of the beginning of construction is October
1999 for the Ashram. As the funds become available, the Temple will be built.
The exact date for the beginning of construction of the temple cannot be
confirmed at this time, however, the owners are hoping to begin construction
within a year of completion of Phase I.
The total square footage for Ashram including the existing house and the
addition is 4,840 square feet. The Ashram will include eight guestrooms, two
bedrooms for the residents, and classrooms for meditation and yoga instructions
as well as retreats. The proposed Temple will encompass approximately 9,000
square feet, with 4,500 square feet per floor. The Temple use is primarily for
worship.
• You will also need to address in the nar�ative the City's code criteria when
requesting approval of a conditional use fand a religious institution) in the G
P Zone.
18.330.050 Additional Development Standards for Conditional use Types
B. Additiona/ development standards. The additional dimensional
requirements and app�oval standards for conditional use are as fol%ws:
9. Religious lnstitutions:
a. Minimum lot size shall be 20,000 square feet;
RESPONSE: The Tax Lot 1400 is 76,230 square feet in size.
b. Setbacks: 1)The front yard setback shal/ be a minimum of
25 feet.
RESPONSE: The applicant requests an adjustment to the front yard setback
requirement of 25 feet by 5 feet. The plan proposes a 20 foot setback from the
front yard. The applicant feels this is justified for several reasons:
1 ) As Tax Lot 1400 is a flag lot, the "front" yard of the Ashram
actually abuts the rear yard of the existing Kinder Care facility.
Rear yard setbacks are only 20 feet which is what this plan is
proposing. It is arguable as to whether this yard should be
labeled as a "front yard" as it does not front on any street.
2) The 25 foot front yard setback requirement applies to religious
facilities only. Front yard setbacks for residential uses are 20
feet. As the ashram is the residential component of the project
(it will only be used for guestrooms} the applicant feels that the
residential standard should apply
3} The applicant is proposing to provide a buffer and screening in
accordance with Tigard code
4} The proposed Ashram will be less than 30 feet in height and
will not be out of scale with the neighborhood.
(1) On corner lots and through lots, the setback shall be
a minimum of 20 feet, plus meet visual clearance
areas, Chapter 18. 795;
RESPONSE: The lot is not a corner or through lot, therefore, this item
does not apply.
(21 The side yard setback shall be a minimum of 20 feet;
RESPONSE: All side yard setbacks are 20 feet or more.
(4) The rear yard setback shall be a minimum of 20 feet;
and
RESPONSE: The rear yard setback is 20 feet or greater.
(51 Each setback shall be increased five feet for every 10
feet of building height over 45 feet.
RESPONSE: The proposed building and building addition do not exceed
45 feet in height.
3. Submit a site plan that shows the three phases of building construction. Also,
include the proposed height and size of the facilities, the proposed landscaping,
the bicyc% and vehic% parking areas (even if it is on the adjoining parcell,
sidewalks, setbacks, lighting, signs, mailboxes, and enclosed garbage
enc%sures. Please submit an 8 %z " by 1 1" version of this revised site plan.
The site plan does not need to show e%vations, grading, utilities, or erosion
control measures. Please note that the front yard setback for a religious
institution is 25 feet. This means the proposed ashram facility will need to be
further from the front property line.
RESPONSE: A revised site plan showing the items listed is included with this
submittal. The proposed landscaping is shown on the attached landscape plan,
vehicle parking areas are denoted, as are setbacks. There will not be any
additional lighting proposed as the existing parking area already has adequate �
lighting. No signs are proposed at this time and the exact mailbox location will
be determined by the post office. Trash enclosures will not be necessary and
will be accommodated with standard trash can that will be stored internal to the
building.
Please see response to section 18.330.050 B9b above in regard to front yard
setbacks.
4. Submit a landscape plan (18 copiesl showing the location, size and type of
trees, shrubs and ground cover that will be planted on the site. Please note the
total area or square footage that will be landscaped so we may be sure that
15% of the site is landscaped, as is required for the C-P Zone.
RESPONSE: A landscape plan showing the location, size and type of trees,
shrubs and ground cover that will be planted on the site is included with this
submittal package. The total area of the site is approximately 89,100 square
feet, and the total area landscaped is about 57,000 square feet, which is about
64% of the site—which exceeds the standard by a factor of four..
5. Submit 18 copies of a tree remova/and replacement plan for any t�ees over 6
inches of caliper that will be removed.
A tree removal and replacement plan is depicted on the landscape plan. Only
two trees are proposed to be removed, which would be close to the foundation
of the proposed temple.
6. A buffering plan. The code requires buffering be p�ovided along the west
property line since the property abuts a residential zone. This requirement may
be satisfied with landscaping. Attachment 2 discusses the options for meeting
the buffering requirements. This may be located on the landscape p/an.
RESPONSE: A vegetative buffer along the western boundary is shown on the
landscape plan. Based on the buffer matrix, Option C-2 will be utilized. Accordingly, the
buffer must be at least 8' wide, with trees spaced between 15 and 30' (depending on their
size) and a five foot tall fence. The fence option was chosen and will be constructed to
provide a continuous sight obscuring screen.
7. Our offrce sees that you have paid the fee for an access variance. Please complefe
the aftached variance application to request a reducfion of fhe required 40-foot-wide
driveway to 24-feet (when it provides access fo more than a hundred (100) parking
spaces. You may wish to discuss this matter with Mr. Jim Waddle. He recenf/y
came fo our offrce to discuss adding offices along the north side of the accessway
and was a/so advised thaf the driveway needs to be enlarged.
18.370.020 Adjustments
C. Special Adjustments
3. Adjustment to access and egress standards (Chapter 18. 705)
b. The Director may approve, approve with conditions, or deny
a request for an adjustment from the access requirements
contained in Chapter 18. 705, based on the following
criteria:
(11 /t is not possible to share access;
(21 There are no other alternative access points on the
street in question or from another street;
(31 The access separation requirements cannot be met;
(4) The request is the minimum adjustment required to
provide adequate access;
(5l The approved access or access approved with
conditions will result in a safe access; and
(61 The visual clearance requirements of Chapter 18. 795
will be met.
RESPONSE: The criteria as listed above absolutely applies to this particular site
and the proposed Ashram/Temple project. Apparently, it is not possible to share
access as the property owner to the north has not agreed to allowing additional
land to be dedicated for access. Only the City has the authority to require this
additional access width. As a property owner the applicant's request can be
refused by the adjacent property owner. Moreover, this access point is the only
point of ingress and egress for the entire project—there is no alternative. The
request is for a 24 foot access width as is currently existing. As there will be
no parking permitted along this entire lane, 24 feet will be provide safe access.
As well there is no issue with visual clearance along Hall.
8. Please submit a final copy of the reciprocal parking agreement. The second
party of the ag�eement did not sign the version you submitted nor were the
exhibits included.
RESPONSE: Included with this submittal is a complete copy of the reciprocal parking
agreement, showing all required signatures.
,�
Also included with this submittal is a Planned Development application. The total
gross floor area proposed is 13,840 square feet. The residential uses comprise 3,360
square feet, which is less than 25% of the total.
We appreciate your assistance with this project thus far, as well as your prompt
review and approval of our submittal materials. Please let me know if you have any
questions or need additional information.
Sincerely,
ALPHA ENGINEERING, INC.
r ���
Mike Miller
Project Manager
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CRY OF TIGARD
September 15, 1999 �REG�N
Swami Viswa Premananda
11515 SW Hall Boulevard
Tigard, OR 97223
RE: Application for CUP1999-00001, PD1999-00002, and VAR1999-00024
Dear Swami Viswa Premananda:
This letter is to inform you that the City has received the documents requested in
the March 30, 1999 incompleteness letter. Staff has reviewed this additional
information and has deemed the application complete. Because the proposal
involves a request for Planned Development, Staff will schedule the proposal for
review before the Planning Commission. Staff has scheduled a tentative hearing
date of November 15, 1999. Please be aware that this date may change,
however, you will receive notice of the hearing prior to the hearing date.
Please feel free to contact me if you have any questions regarding this letter or
your application at 639-4171 x407.
Sincerely,
/��,�/ �
/
Julia Powell Hajduk
Associate Planner
I:curpinljulialAshram acclet.doc
c: Hayli Walker, Alpha Engineering
Plaza West, Suite 230
9600 SW Oak
Portland, OR 97223
CUP1999-00001 land use file
1999 Planning correspondence file
13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD (503)684-2772
_ _ .�
SEP 20 '99 12�46PM ALPHP �NGINEERIN._ P.2/2
ALPEiA ENGINEERING, INC.
September 20, I999
Julia Hajduk
City of Tigard
I3125 SW HaII Blvd.
Tigard, Or 97223
RE: CUP1999-0�1,PD1999-Op002, VARI999-00024
Tigazd Ashram- 500-387
Julxa,
In response to �our message of 9l17/99, the proposed Ashxazn arad temple construction
are to be on Tax Lots 1400 and 3503 of Ta�c Map 1 S 1 35DA.
My understar�ding is that tax Lot 3540 is involved due to the shared parlQng agreement
onIy.
If you have any more questions, feel free to call me. Sam, at GEOStandards{646-9069)
is our client contact, and to rriy�owledge, will be responsible for handling the project to
completion_
'T'hank you,
/��
%
���
Hayli WaIker
Ptazu WesT - Suit�� '1:30 _ 9li00 SW Ouk _portlund, Uredon 9i'_»�
Uf'fi��i: SU3-452-$q0:i � Fax 5U3-�S'_>-8U�3
.�...r.:il��l�u�rn�.i•�iut -
+ STATE ur OREGON �
, County of Washington SS
I, Jerry R.Hanson, Director of Assess-
ment and Taxation and Ex-Qfficio Counry
Clerk for said county, do hereby certify that
the within irtstrument of writing was received
and recorded in book of records of said
county. r(��
�
Jerry R. Hanson, Director of
Assessmertt and Taxation, Ex-
OfffC�c�Gaunty Clerk
Doc : 95001169
Rect: 136198 251 . 00
O1/05/1595 �2: 37: 09PM
�— �
�
. .
, -fi STEWART TITLE COA�F/1PlY tv'O. ���C��-�!�!
��j'0�,� Ft�TUR�V UOCUYiENI iU Uc31ti�V[E BELAW ��
� ,�STEWAR'T TITLE
/�U AFTER RECORDING RETURN TO: UNTIL FURTHER NOTICE, ALL FUTURE
� TAX STATEMENTS SHALL BE SENT TO:
BRAHMA PREMANANDA ASHRAM BRAHMA PREMANANDA ASHRAM
���������i������� 7�71�1/�/r�,t�'�'��//��/ 11515 SW HALL BLVD.
����'����'�� �������/� TIGARD, OR 97223
11515 ��� HALL SLVD. TAX ACCO[]NT NO. : 1S1 35DA 01400
Tigard, Oregon 97223
STATUTORY WARRANTY DEED
DAVID W. HUGHES and WOODROW W. HUGHES and WILLIAM BLUE, Grantor,
conveys and warrants to BRAHMA PREMANANDA ASHRAM, a non-profit
organization, grantee, the following described real property
free of encumbrancea except as specifically set forth herein
situated in WASHINGTON County, Oregon, to-wit:
SEE EXEIIBIT "A" ATTACHED HERETO AND MADE A PART HEREOE.
The said property is free from encumbrances except: Rights of
the public in and to any portion of the herein described premises
lying within the boundaries of roads or highways; Easements,
restrictions, reservations, covenants, conditions and provisions
of record. Proposed roadway as delineated on the Washington
County Tax Assessor Map; Encroachment as disclosed on deed
recorded 03/09/1988 as Fee No. 88-9617.
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN
THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND
REGULATIONS. BEEORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE
PERSON ACQUIRING EEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE
APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY
APPROVED USES AND TO DETERMINE ANY LIMITS �N LAWSUITS AGAINST
FARMING OR EOREST PRACTICES A5 DEFINED IN ORS 30.930.
The true consideration for this conveyance is $208,000.0�.
Dated this �,�� day of December, 1994.
�
�, , .
VID W. UGH S W DROW W. H
�� 1
WILLIAM BLUE
r ti M'� �SHINUTON CO�JNTY
'' - \`� R£AL PRL�PERTY TRANSfER 7AX
`��.- � s ao .�� �-5- �s
STATE OE OREGON ���, -� *'- `
F� Pn�u DI:TE
COUNTY OF WASHINGTON �
Personally�'ppeared the above named DAVID W. HUGHES, WILLIAM
BLUE and WOODROW W. HUGHES and acknowledged the foregoing
instrument to be their voluntary act and deed.
� ��� '
� _, f�Fi ICtA.LSEAL Nota Publ ic for
�-x Slt�9�it FR.aF.YfES OREGON
i s�f,'F} �.�niA�if^'J43 ( "( Ov
F`` �`�� �� ,� , ;ic,��� My commission expires 2/23/98
�� �d,AISSIC�•'--^ `
MY CO
. : ��
� __ . . ..__._ � - "- �r - � + F�'+Wi� .
Order No. 94090402-W
EXHIBIT "A"
PARCEL I :
Beginning at the Southeast corner of Lot 23, Block "0" , METZGER
ACRE TRACTS, as shown by the duly recorded plat thereof, in the
County of Washington, State of Oregon; thence Westerly along the
South line of said lot 300 feet, more or less, to the Southwest
corner of said lot; thence North along the West line of said
Lot 23, 75 feet, more or less; thence Easterly and parallel with
the South line of said lot, 300 feet more or less; thence South
and along the East line of said Lot 23, 75 feet, more or less,
to the place of beginning. EXCEPTING� TEEREFROM a parcel of land
located in the Northeast one-quarter of the Southeast
one-quarter of Section 35, Township 1 South, Range 1 West, of
the Willamette Meridian, in the County of Washington and State
of Oregon, more particularly described as follows:
Commencing at a found 2 inch iron pipe at the Southeast corner
of the David C. Graham Donation Land Claim No. 52, said point
also being the initial point of GRAHP,M ACRES; thence tracing the
West line of the Thomas Stott Donation Land Claim No. 53 , South
1" 46 ' 47" West 829 .76 feet to a point on the South line of Lot
23, METZGER ACRE TR.ACTS; thence tracing said South line East
282 . 60 feet to a found 1/2 inch iron pipe 30 feet, more or less,
West of the centerline of Hall Boulevard (County Road No. 947 )
and the true point of beginning of this description; thence
South 65 .08 feet; thence South 89 � 11 ' 11" West 291.77 feet to a
point on the monumented West line of METZGER ACRES TRACTS;
thence North 1` Ol ' 00" East 108. 05 feet; thence North 89 ` 11 '
11" East 289 .85 feet to a point 30 feet, more or less, West of
the centerline of said Hall Boulevard; thence South 42 .93 feet
to the true point of beginning of this description.
PP.RCEL II:
part of the Southeast quarter of Section 35, Township 1 South,
Range 1 West of the Willamette Meridian, in the County of
Washington and State of Oregon, and described as follows:
Beginning at an iron pipe which is North 2' 03 ' East 499 . 27 feet
from the Southwest corner of the Stott Donation Land Claim;
thence from said iron pipe and true point of beginning North 88°
00 ' West 209 .78 feet to an iron pipe on the Easterly line of a
proposed roadway; thence continuing North 88' 00 ' West 25 . 0 feet
to an iron pipe; thence North 2� 55 ' East 186 .8 feet to an iron
pipe; thence South 88� 00 ' East 25 . 0 feet to an iron pipe on
the Easterly line of the aforesaid road area; thence continuinc�
South 88 ` 00 ' East 206 . 88 feet to an iron pipe; thence South 2
03 ' West 186 .8 feet to the point of beginning.
�
��', Continued on next page
� �
.;�; ;
- . -2-- .-; --�..._.�_�y...�
, Order No. 94090402-W
PARCEL III :
The South one half of the following described tract, in Section
35, Township 1 South, Range 1 West, of the Willamette Meridian,
in the County of Washington and State of Oregon, described as
follows:
Beginning at an iron pipe which is North 2� 03 ' East 686. 07 feet
from the Southwest corner of the Thomas A. Stott Donation Land
Claim; thence from said iron pipe and true point of beginning;
thence North 88� 00 ' West 206. 88 feet to an iron pipe on the
Easterly line of a proposed roadway; thence continuing North 88'
00 ' West 25 . 0 feet to an iron pipe; thence North 2° 55 ' East
189 . 25 feet to an iron pipe; thence �South 88� 00 ' East 25 . 0 feet
to an iron pipe on the Easterly line of aforesaid road area;
thence continuing South 88� 00 ' East 203. 96 feet to an iron
pipe; thence South 2� 03 ' West 189 . 25 feet to the point of
beginning.
�r 1
.�—�
, STATE OF OREGON l SS
County of Washington I
I, 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. 1`����
��
�
Jerry R. Hanson, Director of
Assessment and Taxation, Ex-
Officio County Clerk
Doc : 97085691
Rect: 194148 91. OU
09/15/1997 03: 15: 50pm
� -3
� FOpM No.?87-SPECIAL WAqRANiv DEEO ���1 O!CO�POfl1l�. COWRIOMT IB9J 'ENS�NESS lAW PUBLi5MIN0 CO,POPiLANO�OR 9RW
II NA
I - ('ll�
� SPECIAL WARRANTY OEED ``n�'
� � KNOW ALL MEN BY THESE PRESENTS, That....Michael J....Nedelisky
I ° � � -- �� --•- � -�- - ....,hereinafter called granfor,
-- -- ....._ � - - - -..... ......... ......... .
�; for the consideretion hereinatter stafed,does hereby grant,barBain,se11 and convey unfo....................................................
� .Bra}imapremananda__Ashrama, an Oregon non-profit corporation
�U} herei»after ce/led Qrantee, and unto�rantee's heirs,successors and assi$ns a!l of that certain real properfy with the
0� tenements,hereditaments and appurfenarlces thereunto belongin�ot in any way appertainin�,sifueted in the County
JI/y of_..Washington .___�State of Ore�on,described as follows,to-wit:
.... ..........
1_;��
iiSee Legal Description attached and made a part hereof
�
i ** Continued from below: $47,913.58, plus other good and valuable consideration.
I
i
I.
i
it'i � WASHINGTON COUNTY
ty : � � REAL R40PERTY TRANSF£R TAX
�' : Hg,oo �•/s• 97 I
' � �
�'
FE£ PAID DATE
� pF SPACE INSUFFICIENi,CONTINUE DESCRIPTION ON REVERSE SIDE�
i�
To Have and to Hold the same unfo fhe grantee and�ranfee's herrs,successors and assigns forever.
And the granfor hereby covenants to and with the grantee and grantee's heirs,successors and assigns that the teal �
, property is free from encumbrances created or suffered thereon by grantor and that grantor will werrant and defend �
i
the same and every part and parcel thereof egainst the lawful c/aims and demands of al!persons claiming by,throu�h, I;
; or under ffie granfor.
The true and actusl consideration paid for this transfer, sfated in terms of dol/ars, is,}`*._See Above I
---.........
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����°��4K1G2�X��#,'�(�}i�1�EX7�JFX3F�6�j7tdi�7�G�I1�i�6iG�F1f�6�JkX�iYc�( ,�r`b��i��Y#�$�8.�j i
�� In construin� this deed, where fhe contezt so requires, the sinQul i ludes the,plure/and all gremmatical
! changes shall be made so that this deed shall apply equa]/r t � r orat' s a d individua/s.
i'i In Witness Whereof, the grantor has executed fhis i str n ' .. 7.. : da ....Augusi..................19.J.7...; �
'� if a corporate �rantor, it has caused its name to be signe a fs e 'f a fix by an olficer or other person
duly authorized thereto by order of its board of directors.
THIS INSTRUMEN?WILL NQf ALLOW USE OF THE PROPERTY DESCRIBED IN THIS - '"' ' " """" `"` `""""""'
INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. Mi e 1 J. e lisky
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON AC�UIRING FEE
TITLE lO THE PROPEFiTY SHOULD CHECK WITH THE APPROPFIATE CITY 0R COUNTY � "' "' ""'""-""""" " " """"" ""` ' " "" '
PLANNING DEPARTMENT 1D VERIFV APPROVED USES AND 1D�EiERMINE ANY
LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN '
ORS30930. ----��---.....°°--°°°°---°....................._................................. ............
STATE OF OREGON,County of......Clackamas �ss I
i This instrument was acknowled�ed before me on..._.._.August 21_ Ig 97 I
, by..............�----�MICHAEL J,._.NEDELISKY----------�--........_..............
-�- ....-�---...._.....................------..... �
j� This insfrvment was acknowledged before me on..........................._._.......................,19...._...,
„
� by---------------------••••-----------�---........------�-------�--•............-� -- --------•------.................-�-------•------............_.........
iHs---�-��---- ----�.............--------------�----....•- •------- --------........... .......----..._.....---�--.....---..............-•--------..............
of---------�--�-°---°�----------------�----�------------ -� .......-�--- ----. .. -��---- .......................-..--.-.-°°-....---..
�,' OFFICIAL SEAI � � ' ne
ROER�L COCHEU "
� _.. .- ........ ........� --- -- �M�......°--- -.................
I'I NOTARY PUHUGOREGON
� , ��� Notary Public tor Oregon
'' ! '6''d IS CON EXPI ES SEPJ4Z�66999 My commrssion expires......9/.27.L.9�.
�� Michael J.___Nede_lisky______________ STATE OF OREGON,
°--• -....... ---- - �---� -------
1 ss.
i .....�. ..... ...................- - -- .....---------°-- Covnty of.... -- ��--_....... - �-�--1
•---�- -- ---�� ��-�� --��---- ----��-------�----�---�-�-�- I cerfify fhat the withrn instrvmenf
G�an�er'�Nnm�aed Addr�n
was received for record on the..........day
, Srahmapxemananda..Ashsaaia-- ------------------� -- of---.._.... ..- -- --.,19........,at
----�-- __ �-- .._.._- -- - -•-° ---�-�-- .........°- o'clock..._..M.,and recorded in
� -- . - -- _...-�.. .... ............ 600k/reel/volume 1Vo.. � - .....on page
�i Grann�'�Nam•ond Addrns erncc neeertveo
`o" .................. and/or as fee/file/instru-
I� Ah��ncerdinq nlvm le(Nom�.Addnf{,Zlp�: RECORDER'e Ua[ '''' --
�� Brahmapremananda Ashrama ment/mrcrofilm/reception No..................
�---...
I; _11515..SW Hall Slvd Record of Deeds of said County,
.................. _..._... .------- -
Tigard., OR 97223 Witness my hand and seal of
u�m,.q�..�.d mhnwlw�rnd oll for rtaNm�nh te(Nom�,Addrw�.ZIpI: COIlAfj' afFixed.
I'� Same...as directl above
.... ... .................Y .. .. ...........--- -�---.............
� -�.............��---------.............-•----._...�--...............
� ......"""'"'""""'......."""'""""""'....."'.........................""""'"""'"' NAMC
I � TITL[
� ....."_""'"........_'""""'............................""""""...."'_"""""""" B
Y---- ................. ....................Deputy
- - - �
�.
' � LEGAL DESCRIPTION
A TR.ACT COMPRISED OF PART OF THE LAND DESCRIBED IN DEED RECORDED AUGUST 10, 1995,
FEE N0.95055808, RECORDS OF WASHINGTON COUNTY, OREGON, SITUATED IN THE SOUTHEAST QUARTER
OF SECTION 35, TOWNSHIP 1 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, IN THE CITY OF
TIGARD, WASHINGTON COUNTY, OREGON, MORE PARTICULARY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE THOMAS A. STOTT DONATION LAND CLAIM N0. 53;
THENCE NORTH 2°03'00" EAST, A DISTANCE OF 780.39 FEET TO THE SOUTHEAST CORNER OF SAID
TRACT DESCRIBED IN DEED RECORDED AS FEE N0.95055808; THENCE ALONG TAE SOUTH LINE OF
SAID TRACT NORTH 87°57'O1" WEST, A DISTANCE OF 50.00 FEET TO THE "POINT OF BEGINNING";
THENCE LEAVING SAID SOUTH LINE NORTH 2°03'00" EAST, A DISTANCE OF 37.38 FEET; THENCE
NORTH 49°06'23" WEST, A DISTANCE OF 91.68 FEET TO THE NORTH LINE OF SAID TRACT
DESCRIBED IN DEED RECORDED AS FEE N0. 95055808; THENCE ALONG SAID NORTH LINE 87°58' 19"
WEST, A DISTANCE OF 107.57 FEET TO THE NORTHWEST CORNER OF SAID TRACT; THENCE ALONG
THE WEST LINE OF SAID TRACT SOUTH 2°57' 13" WEST, A DISTANCE OF 94.86 FEET TO THE
SOUTHWEST CORNER OF SAID TRACT; THENCE ALONG THE SOUTH LINE OF SAID TRACT SOUTH
87°57'Ol" EAST, A DISTANCE OF 180.47 FEET TO THE "POINT OF BEGINNING".
3
.
After Recording Return To:
T.A.Sherwoad,Esq.
Suite 203
16325 SW Boones ferry Rd.
Lake Oswego,OR 97035
CERTIFIED TO BE A TRUE AND
EXACT COPY OF THE ORIGINAL
TR NATI N,TITLE INS. C0.
. � . •� Q�
BY _
RECIPROCAL LICENSE FOR PARKING
EFFECTED BY AND BETWEEN Brahmapremananda Ashrama, which took title as Brahma Premananda Ashram, an
Oregon non•profit corporation, herein called "First Party"and Michael J. Nedelisky, herein called"Second Party".
RECITALS:
A. First Party is the owner af the land situated in Section 35,Tawnship 1 South,Range 1 West of the Willamette Meridian, in the
City of Tigard, County of Washingtan and State of Oregon, more particularly described at Exhibit A annexed hereto and by this
reference incorporated herein as if fully set forth,herein called the"Temple Property",and
B. Second Party is the owner the land situated in Section 35,Township 1 Sauth,Range 1 West of the Willamette Meridian, in the
City of Tigard, County of Washington and State of Oregon, more particularly described at Exhibit B annexed hereto and by this
reference incorporated herein as if fully set forth,herein called the"Office Property",and
C. The Temple Property and the Office Property are situated contiguous with each other and share a common means of vehicular
and pedestrian access and egress ta and from the public roadway known as S.W.Hall Boufevard(County Road No.947),and
D. The Temple Property is committed ta use by the First Party as the site and location of buildings and related improvements,
including spaces and facilities for parking of passenger motar vehicles, designed and intended to provide a gathering place and
residence for persons engaged in the teaching,observance and practice of certain religious,ethical and philosophical principals shared
by andlor of interest to those persons.
E. The Office Property is committed to use 6y Second Party as the site and location of buildings and related improvements,
including spaces and facilities for parking of passenger motor vehicles,suitable for use as office facilities,space and accommodations
employed for the conduct of business and commercial activities of ane or more parties in ownership or tenancy of the Office Property,
their employees,customers,patrons,clients,suppliers,service providers and business invitees,and
F. The uses to which the Temple Property and the Office Property are committed by the respective parties, each require that
persons having reason to 6e present on said properties will have space in which to park and leave motor vehicles unattended while
such persons are engaged in residence or otherwise present on such properties in cannection with the uses to which they are
committed by the parties as aforesaid,and
G. The parties acknowledge that the spaces and facilities provided for parking of motor vehicles on their respective properties may,
from time-to-time, but at different times, prove to be inadequate to accommodate the number of vehicles which require space for
parking in connection with uses of the buildings and improvements located thereon,and
H. The parties desire and intend to pool or share their available parking spaces and facilities to the end that adequate parking will
he available for all persons who may now or hereafter have reasona6le cause or need to park motor vehictes in or upon the Temple
Property or the Office Property,
THEREFORE, in consideration of the foregoing recitals and the rights and responsibilities of the parties
established hereunder, it is here6y, acknowledged,confirmed and agreed as follows:
RECIPROCAL LICENSE PAGE 1 of 3
1. License Granted First Party. Second Party does hereby and irrevocably give, grant and convey to First Party, its successors
in interest and assigns, license to permit parking of lawfully licensed and operational motor vehicles designed and actually used for
the purpose of transporting passengers to and from any buildings or ather improvements now or hereafter erected on the Temple
Property. The license afforded under this paragraph extends to all and any unoccupied exterior spaces or areas situated on the Office
Property which are regularly designated and used or available for parking of mator vehicles of the kind mentioned above between the
hours of 6:00 o'clock P.M.and 6:00 o'clock A.M.on weekdays Monday through Thursday and between the haur of 6:00 o'clock P.M.
each Friday through the hour of 6:00 o'clock A.M. the next following Monday morning. The license afforded hereunder shall not
supersede restrictions on parking imposed by public authorities, or which may be otherwise established or required by Second Party
for purposes of facilitating, affording or reserving space for parking,use,access,egress or maneuvering of delivery,waste removal or
emergency vehicles.
2. License Granted Second Party. First Party does hereby and irrevocably give, grant and convey ta Second Party, his
successors in interest and assigns, license to permit parking of lawfully licensed and operational motor vehicles designed and actually
used for the purpose of transporting passengers to and from any buildings or other improvements now or hereafter erected on the
Office Property. The license afforded under this paragraph extends to all and any unoccupied exterior spaces or areas situated on the
Temple Property which are regularly designated and used or available for parking of motor vehicles of the kind mentioned above
between the hours of 6:00 A.M.and 6:00 P.M.each weekday,Monday through Friday,inclusive.The license afforded hereunder shall
not supersede any restrictions on parking imposed by pu6lic authorities, or which may 6e otherwise established or required 6y First
Party for purposes of facilitating,affording or reserving space for parking of delivery or emergency vehicles.
3. Additional licenses Permitted;Limitation. Nothing contained in this instrument shall be deem ar construed to limit or impair
the right or prerogative of either First Party or Second Party to, from time•to-time,grant or afford to the other party, or to the other
party's permittees,written license or permission to use some portion or all of such party's parking facilities or spaces at times,ar for
purposes,different from or in addition to those times and purposes expressly licensed hereunder on such terms and conditions as such
party may, in the exercise of its sole discretion, determine Iherein called "Temporary License"). Provided, hawever, that any
Temporary License may be revoked or modified in any respect or particular in the sole and unfettered discretion of the party affording
the same at any time upon delivery or posting of written notice to the other party or to any third party or parties to whom such
Temporary License or permission may have been afforded. All persons or entities who shall avail themselves of any rights or
prerogatives afforded under any Temporary License shall be conclusively deemed to have exercised any rights or prerogatives
exercised 6y such persans or entities under color of such Temporary License and shall not, hy reason of such exercise, have,claim or
be deemed to have acquired, any rights, or title or interest in the premises affected by such exercise, by prescription, adverse
possession or under any other principle or rule whatsoever whether cognizable at law or in equity.
4. Notice of Licenses. The licenses afforded he�eunder may be exercised only by persons ta wham permission is granted by the
respective licensees. First Party and Second Party will therefore,each and respectively, provide,or cause to be furnished,to all and
any persons ta whom such permission is granted,written evidence of such permission in a form which such persons may display upon
or within their vehicle4s) in such a manner as to be readily visible from the exterior thereof. Each party hereby acknowledges and
agrees that the other party, or its tenants or others lawfully entitled to occupy such party's property or any portion�s)thereof, shall
have the unqualified right and prerogative to remove any vehicle parked on such party's property which does not display evidence it is
parked with permission in accordance with the foregoing provisions of this paragraph.
5. Disclaimer of Liability. Neither First Party nor Second Party shall be liable to the other or to any third party or parties
whomsoever,for any loss,damage or injury of any kind or nature whatsoever incurred ar suffered by any person,personal property or
any vehicle while present on such party's property by reason of the licenses granted hereunder, regardless of the cause of such loss,
damage or injury. Each party hereby covenants and agrees with the other that it will post notice and otherwise inform all persons
who may now or at any time hereafter avail themselves of any right or license provided hereby, that by entering on such party's
property for any purpose, such persons assume all risk of loss, damage and injury to themselves, any vehicle owned, operated or
parked by or for the benefit of such person, and any other personal property brought upon or left of such party's property by or for the
benefit of such person.
6. Duration;Parties Baund and Benefited. The license granted to First Party hereunder shall remain in effect for so long as the
Temple Property shall be and remain committed to the uses set forth in Recital D of this instrument. The license granted to Second
RECIPROCAL LICENSE PAGE 2 of 3
. -
Party hereunder shall remain in effect for so long as the Office Property shall be and remain committed to the uses set forth in Recital
E of this instrument. Should either license afforded hereunder expire by reason of the foregoing provisions of this paragraph, such
expiration shall nat in any way affect,diminish ar impair the rights afforded under the other license afforded hereunder. The licenses
afforded hereunder and the terms and conditions herein contained shall run with the lands affected thereby and shall bind and inure to
the benefit of the First Party and the Second Party,their respective heirs,successors in interest,assigns and all other persons now or
at any time hereafter having or claiming any right,title or interest in their respective properties by reason af any tenancy arrangement,
lien or other encumbrance whatsoever.
IN WITNESS WHEREOF, the parties have each caused this instrument to be executed and acknowledged effective
on the latest date set forth 6elow.
BRAHMAPREMANANDA ASHRAMA, an Oregon
non-prafit corporation, First�'arty MICHAEL J.NEDELISKY,Second Party
BY -
Swami Viswa Premananda,President
�
By �����ns� �
Bharat Naik,Secretary
State of Oregon, County of L � �,S } s.s.
This instrument was acknawledged before me on� ° , 2 1997,
6y SWAMI VISWA PREMANANDA as President of Brahmapre nda Ashrama,a re�on non•p it corparation.
OFFICIAL SEAL Notary Public for Oregon
BROOKELAHMAN
! NQTARY PUBLIC-OfiEGON My Commission Expires
� COMMISSION N0.054835
. MY COMM�SSION EXPIRES JUNE 03,200C�
�
State of Oregan, County of � '^ ^ } s.s.
This instrument was acknowledged before me on Z�p , 1997,
by Bharat Naik as Secretary of Brahmapremananda Ashram an Oreg n non-pro cqrporation.
OFFICIAL SEAL
BROOKE L.AFIwuN tary Pu61ic for Oregon
:�' NOTARY PUBLIC-OREGON My Commissian Expires UC
MY COMMISS ON EXpIRE3 J�U�fVE�� �ppp
State af Oregon, County of } s.s.
This instrument was acknowledged befare me on , 1997,
by Michael J. Nedelisky.
Natary Public for Oregon
My Commission Expires
RECIPROCAL LICENSE PAGE 3 of 3
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� lie0lge 8L I.dllf�E�RCgail
3801 NW Loriann Dr C��dt Mary Jean Brazil
on o,.__ ,,.,. . Clsr�,.,.o �. ,,.., —
1'O�[('�Q,Uti 97229 _ -- ••vn a.�WM "'•�••:j r�+aia L1JLll
Tigard, OR 97281 PO Box 23064
TiRard,OR 9'72gt
L N 1'RUPERTLES L L C
]2725 SW 66th Ave L N PROPERTIE,S LLC
12725 Sw���k;�� Keiko Pan¢
°v:�tauui,vii y7123 4(-442 Hololio St
Portland, OR 97223
Kaneohe,fII 96744
�erome Parker Timo�thy McLoughiin&i{yvonne
99 Garibaldi St 54pn SW �9strh e�� AndnW He►berholz�L Fiorenrp
�-ai�c v,wego, UR 97035 9620 SW 90th Avc
Aloha, OR 97007 Portland,�R 97223
Tommy Henry Neberi&E Susan M:utha Huckett
1 l530 SW Lomita Ave Linda Bouse&John Bouse
?`igard, OR 97223 <<S02 SW Lu�.i*�;�e 11470 SW Lomita Ave
Tigard,UR 97223 Tigard, OR 97223
Richard Muzray&Lowana Donald iv�an d�Maiv Looftwurow
11440 SRl Lomita Ave I2410 SW Lomita Ave G�'B��ord
Tigard, Ok y�Z23 Portland, OR 9�223 305 E Sth St
The Dalles, OR 97058
KINDER-CARE LEARNITiG CNTRS�C L N PROPERTIES LLC
Estate Tax Rea1 Ashrama Brahrt�apremananda
1�77 NE Loop 410#1250 12�25 SW 66th Ave 12515 SW Ha11 Blvd
San Anwnio,TX 78217 portland,OR 97223 Tigard, OR 97223
08;18i98 TUE 11:19 FAX 50322088�l�1 pREGUN TITLE (�002
,
YOUNG'S FCTNERAT.HOME INC YOUNG'S FUNERAL HOME INC Nams Olson
11831 SW Pacific Hwy 11831 SW Pacific Hwy 117�SW Warner Ave
Tigard,OR 97223 1`igard,OR 97223 Tigard,OR 97223
Norris alfred Olson&Ann Kathleen Sanokee Ray Alben�Ioffarbcr
11740 SW Warncr Ave 45 From St S#B 12005 SW Hall Blvd
I'igard, OR 97223 Issaquah,WA 98027 Tigar�OR J7223
EQUIl.ON ENTFRPRISES LLC SPxEKER PROPERTIES L P AMAN ENTERPRISES INC
PO Box 4453 2180 Sand I�'ill Rd#20t► PO Box 19(>8�
Ho�ston,TX 71210 Mento Park,CA 94025 Portland,OR 9728�►
• 08/14/98 11:i19 $5U3 684 i297 c:�IT� OF TIGARU lQJ0o2iu03
J
Abdullah Alkadi ��� ��� ,
11905 SW 125th Court 11035 SW 135th Avenue
� Tigard, OR 97223 T9���� 97�3
Cai Wooiery Kathie ICallio
12356 SW 132nd Court 12940 SW Glscier Lily Drive �
Tgard, OR 57223 Tigard.OA 97223
Sue Rortnan Ed Howden
' 11250 SW 82nd Avenue ��g2g SW Momi�g Hill .
Tigarcl.OR 97223 Tigard, OR 97223
Bonne 8�Jim Roach
Christy Herr 14447 SW Twekesbury Drive
- 11386 SW Iranwood Loop Tigard� OR 97?24 '
Tgard. OR 97223
Ka�i Swanson
Larry Westerman 1141U SW i�onwood loap .
, �3665 SW Fem Street Tigard, 4R 97223
Tgard;OR 97223
C�9 �P�� Gark G.Zeller
. 743a SW Vams Street 13290 SW Shore Drive .
Tigard. OR 9?223 'T"�gard, OR 97223
Scott Russell �����g�
31291 Raymond Creek Road 17245 SW Morgen Court .
Scappoose, OR 97056 Tigard,OR 97223
June SuFffrid e
� 15525 SW 109th Avenue 15849 SW 146th Avenue ,
Tlgard, OR 97224 Tigard.OA 97224
Linda Masters Beverly Froude
- 1512U SW 141st Avenue 12200 SW Butl Mountain Fioad .
Tigard, OR 97224 Tiga�d,OR 97224
John Benneth Kathy Smith
15550 SW 109th Avenue 11645 SW Cloud Court ,
� Tigard, OR 97224 Tigard.OR 97224
� 08-1�%98 11:09 $503 68:� i297 CITY OF TIGl1RU �00�%'003
,
Mark F. Mahon Pat W yden
11310 SW 91 st Court 8122 SW Spruce Street
Tigard, OR 97223 Tigard,OA 97223
h:�patty�masterslcitnotic.lbs
6-Jut-98
. �,��� As� �Qyu
. ,
SAMUEL&JANET HOLMES CLARENCE&�1ARY JEAN BRAZIL MICHAEL NEDELISKY
12215 SW 33Rd Ave PO Box 2306-t 25 82Nd Dr
Por[land, OR 97219 Tigard, OR 97281 Gladstone, OR 97027
KAULUWAI CORPORATION OB�MEDIA CORP PREMANANDA ASHRAM BRAE-Ilv1A
2445 Makiki Heights Dr#A 4211 W 11Th Ave 11515 SW Hall Blvd
Honolulu, F-II 96822 Eugene,OR 97402 Tigard, OR 97223
ASHRAMA BRAHMAPREMANANDA HARRY SCHAFFER&E Lillian M KENNETH BROYLES &A Jennie
11515 S W Hall Blvd 11245 S W 90Th Ave 11260 S W 90Th Ave
Tigard,OR 97223 Tigard, OR 97223 Tigard,OR 97223
ROBERT&ROSE HEINTZ BRENT MCTAGGART STEPHEN FREEDMAN&Candace Arch
11275 SW 90Th Ave PO BoY 231207 11300 SW 90'fh Ave
Tigard, OR 97223 Tigard,OR 97281 Tigard,OR 97223
BILLY JACOBY&J Valerie ALICIA&RICHARD VICE MARTIN NIARIA JLTNG
11325 SW 90Th Ave 11375 SW 901"h Ave 11400 SW 90Th Ave
Tigard, OR 97223 Tigazd,OR 97223 Tigard,OR 97223
NANCY&RONALD HEITZ MATTHEW FORI�IAN& A Kathleen C KENT&LISA POWLOSKI
11401 SW 90Th Ave 11403 SW 90Th Ave 11405 SW 90Th Ave
Tigard,OR 97223 Tigard,OR 97223 Tigard, OR 97223
HAROLD WORSECH&K Sandra WII.,LIAM&STEPHAME SNYDER THOMAS Bc DORIS DOLL
11450 SW 90Th Ave 11480 SW 90Th Ave ll500 SDV 90Th Ave
Tigard,OR 97223 Tigard,OR 97223 Tigard, OR 97223
BEHROOZ&SHEII.A ANSARI DEANNA MARIE QUII..LEN ALAN&SOOK I-IEE BAXT'ER
11540 SW 90Th Ave 11560 SW 90Th Ave 11650 SW 90'fh Ave
Tigard, OR 97223 Tigard, OR 97223 Tigard, �R 97223
DOREEN GRIGG BONNIE&NORMAN ALANDER DON GRAHAM&Paul Brossia
11700 SW 90Th Ave PO Bos 2619 11260 SW Hall Blvd
Tigard, OR 97223 White City,OR 97503 Tigard,OR 97223
MARGARET ANN BROWN PAUL BROSSIA&Don Graham LN PROPERTIES LLC
19065 SW Johnson St 300-�Th St 11�75 SW Hall Blvd
Beaverton, OR 97006 Lake Oswego,OR 97034 Tigard,OR 97223
_ �
L N pROPERTIES LLC KINDER-CARE LEARNING CNTRS INC KEIKO PAI�1G
12725 SW 66Th Ave Estate Tax Real �6--G�2 Hololio St
Portland, OR 97223 1777 NE Loop�10#12�0 Kaneohe, HI 967=�-t
San Antonio,TX 78217
GERALD &JOAN CACH ANNA SAYLER MILTON BROWN
1252� SW Main St PO Bos 23757 2106 SE Ochoco St
Tigard, OR 97223 Tigard, OR 97281 Milwaukie, OR 97222
RAY BARNETT&Mabel Amos SHr�.WN ROBERTS ELEANOR SCHLAGER&Diana Ashbur
PO Box 230025 11635 SW Hall Blvd#8 11635 SW Hall Blvd#1
Tigard, OR 97281 Tigard, OR 97223 Tigard, OR 97223
CHA.RLES MENDEL&J Winifred ROBBIN KAY HALL SOLIS JACINTO iJLUAN&Mae Rachell
11635 SW Hall Blvd#5 11635 SW Hall Blvd#3 11635 SW Hall Blvd#10
Tigard, OR 97223 Tigard, OR 97223 Tigard, OR 97223
CORRINE NIELIUS& Cathv Lee Price STEVEN PHII.LIPS JOE-Q�1 PALJL LAWSON JR.
11635 SW Hall Blvd#14 11635 SW Hall Blvd#11 11635 SW Hall Blvd#15
Tigard, OR 97223 Tigard, OR 97223 Tigard. OR 97223
ROLAND CHRISTENSEN RAY HA.ROLD BARNETT cYc Mabel Amos SFu'�1ANTHA WRIGHT-VOSIKA
11635 SW Hall Blvd#17 PO Box 230U25 Brvon Keith Johnson
T'igard, OR 97223 Tigard, OR 97281 1163� SW Hall Blvd#18
Tigazd, OEt 97223
KAREN 1v�EHAN NANCY STEELE GARY BRADFORD
11635 SW Hall Blvd#9 11660 SW Hall Blvd 305 E �T'h St
Tigard, OR 97223 Tigard, OR 97223 The Dalles, OR 97058
SEAN&JUSTINE VIRMG DONAL.D IVAN&MARY LOOFBOURO ELIZABETH COSHOW
Ove&Den Arvidson 11-�10 SW Lomita Ave 11�25 SW Lomita Ave
11�05 SW Lomita Ave Portland, OR 97223 Tigard, OR 97223
Tigard, OR 97223
RICHARD MURRAY&Lowana CLIFFORD &CYNTHIA BERGER LINDA BOUSE&John Bouse
11�40 SW Lomita Ave 11�1» SW Lomita Ave 11-170 SW Lomita Ave
Tigard, OR 97223 Tigard, OR 97223 Tigard, OR 97223
JEFFREY HLJGHES &Jo Bare Tami MARTf-IA HOCKETT APPLETON PROPERTIES INC
11�85 SW Lomita Ave 1 li02 SW Lomita Ave 7100 SW Hampton St#103
Tigard, OR 97223 Tigard, OR 97223 Tigard, OR 97223
TO1VIIvtY f-IENRY NEBERT&E Susan DAVID & BETTY FITZPATRICK ANDREW E-�RBERHOLZ&L Florence
11530 SW Lomita Ave 761� SW Chestnut St 9620 SW 90Th Ave
Tigard, OR 97223 Tigard, OR 97223 Portland, OR 97223
LARRY HERBERHOLZ T'IMOTHY MCLOUGHLIN&K Yvonne PING-JUI KAI WANG
9620 SW 90Th Ave 5-�00 SW 198Th Ave 22600 SW 93Rd Ter
Por[land, OR 97223 Aloha, OR 97007 Tualatin, OR 97062
JEROI�PARKER FERN MACKINNON & Virginia Dale JA1VG&YON SOON OH
5320 SW Macadam Ave 11625 SW Lomita Ave 11630 SW Lomita Ave
PoRland, OR 97201 Tigard, OR 97223 Tigard, OR 97223
DAVID &MARINA STARLING TIGARD PROPERTIES INC DAVID Eh1AMi
32 Independence Ave 2106 SE Ochoco St 3380 Barrington Dr
Lake Grove, OR 9'7035 Milwaukie, OR 9`7222 West Linn, OR 97068
DONALD SCHAEFFER&Michael Munch
PO Bos 82��9
Portland, OR 97282
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9801 SE wesN�ew Ct
Portfand. Or 97266-6968 �
Phone: 503 - 658-2767
F3x: 503 - 6S8��16
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���o�j�i��= Mike Nedelisky �
Pfease call our office if Transmissic
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Apr-09-99 06 - 33A p_ O2
' StATE OF OREGON �
� . . � � ��_..w��w������•.,., SS
� ..
�,d Afur Reeording Return To: �.��rry R. Hanson, Directaf of n�sess-
ment and 7��allon and �x-0fFcio Counly
^ T.A.Sk�rwaad Fsa. Clerk for said couniy,do re�eby"certify �nat
Su�t�2D] the within inetrumer��bf mlting was recoived
16325 SW Bmnss Ferry Ro. and rer.orGed in baok� Dt rpCOrd� ot aaid
cou nty_
p�� Lake Oswega.OFi 97D35 . �
Jerry R. Ha���son- Dirccto► ot
ASSessmcnt and faxation, F:-
Officio Gount}i Clerk
Doc : 97U85693
Rect: 194148 53 .
09/15/1997 03: 15: Slpm
RECIPROCAI UCENSE FOA PARKING
EFfECTED BY ANO BETWEFN Brahmaprernananda Ashrama, which took title as Brahma Premananda Ashram, an
Oregan non•profii carporation, herein caUed "First Party"and Michael J.Nedelisky,herein called "Second Party".
RECITALS:
A. Frst Party is the awner of tltie la��d situated'm Sectio�35,Township 1 South.Range 1 West of the Wtllamette Merirfian,in the .
City of Tigard, Countr of Wasl�ington anA Stace of Oregoa, more particularly described at Frhibit Q annexed hereto and br tfiis
reference incorparated herein as if fully set forch,herein called the'Temple Properry", and
8_ Secund Party is the awner the land situated'm Sectioo 35,Township 1 South.Range 1 West of the Walamette Meridan,in the
City of Tiyard, County of Washington and State of Orego�, mo�e particularly described at frh�it B annexed hereto and by �his
ro(erence incorparated herein as if full�set fortfi,herein called the"Offite Propertr",and
-- C_ The Temple Property and il►e Office Property are situated contiyuans with each Qther and share a common mcans of vehicular
and pedestrian access anE eflress to and from the public roadway known as S.W_HaU Boulevard{County Road Na.947).and
D_ The Temple Property is committed to use by the First Party as the site and bcation oF 6uildings and related impcovements,
includ�ng spaces and facilities for parking af passenger motor vehicles, designed ae►d intended tn provide a gadierinq place and
residence far persons engaped in the teaching,ohserYance and practice ot eert�in teGgiaeu,ethical and philosophical prir�ci�als shared
hy andfor of interest tn tlase persons.
E. The office PropertY is �ommitted to use by Second Party as the site and Ixation of buddmgs and related improvcmcnts.
including spaces and facilities for parking of passenger motor vehicles,suitable for use as office facilities, space and accamrnuda(ians
emp{oyed fo�the cooduct o(busNiess and tomn�ercial activitias of o�e o�mora parties in ownership or tenancy af the Offico P�operty,
their empla�rees,cusiorrurs,{�avons,c6ents,suppGers,senice p�oridecs and business invitees,and
F. The uses to which the Ternple Pra��eny and the ��ce Property a�e committed by Lhe respective parties, each require that
persans having reasort to be p�e�nt a� said propertiet w�ll have space in which ta park aad leave motnr vehicles unattended while
such persons are engaged in residence or otherwise prese�t on such properties in coanection wich che uses [a which tfiey are
committed hy the parties as aforesaid,and
G. The parties acknowledge that tlie spaces a�id facilities prnvided fo�parking at motur vefticles on[heir►espective properties may,
froin time•tn•time, but at different times, prove to be iaadequate to accummadato the numher of vehi�les wh�ch require spa�n Inr
parking in connection with usos of the Uuildings and'unpraren�ents locaced thereoq and
H. The parties desae and intend to pool ar share their available parking spaces and tacilities to tl�e end tliat adequace parking will
be availa6le far all persans who may now or hereafter have reasonable cause or nee�to park mator vehicles in ar upon the Tempie
Property ar the Offxe Properiy,
�. THEREFORE, in conside�ation of the foregoing recitals and the rights and �esponsi6ilities of ihe parties
establithed hereunde�, it is herehy. acknowledged,confirmed and agresd as follows:
RFCIPROCAL LICElSE � � � PAGE 1 of 3
Apr-09-99 06 : 33A P _ 03
.,• .
1_ License Grsnted First PartY. Second PaRy daes herehy and i�revocably give, grant and�onvey to first Parcy,its successars
in interest and asaigru, license to permit parking of Iawfully liceasc� and aperatianal mator vel�ictes designed and actuaQy used for
-� the purpose of transporting passangcrs to and fram aay bu�dings or other improvemems now or hereafter erected on the Templc
Praperty. The license attarded un�er this paragraph extends to all and aay unac�upied ezcerior spaces nr areas situated on the Office
Property which are regu(arly designated and used or avalab{e for partcing aE mocor vohicles of ihe kind mentioned abore batween the
haurs af 6:OU o'clotk P_M.and 6:00 o'clock A.M.on weekdays Monday through Thursday and hetween the hour oi 6:00 o'clock P.M.
each Friday through tfie hour of 6:OU o'clock A_M_ the ne�ct following Monday maming. The C�cense aftorded f�crrunder shall not
supersede restrictians on parking imposed by pubfic authorities,or wlrch may be otherwise estahlished or reyuired by Setond Party
fof purpo5es of facilitating, affording or reaeroing space tor parking,use,access,egress nr maneuvering of delivery,waste removal or
emergency vehicles_
2 Licenss 6ranted Second Party. First Pa�ty does hereby and irrevocahly pive, grant and convey to Secnnd Party, hls
successors in interest snd assigns, li�ense to permit parlcing of lawfully Gcensed and aperational motor vehicles designed and actually
used fo�the purpose of transporting pas3enyers to an� from anY buildinQs or other improvements now or hereafter erected on the
�ffice Property_ The ficerae a(tordod undcx this paragraph eiten�to atl�d any unnccupied e:terior spaces or areas situated on the
Temple Property which are repularly designated and useG or available for parking of mator vehicles of the kind mentioned abov¢
between the haurs of 6:00 A.M.end 6:00 P.M.each weekday,MondaY througfi f�iday,inctusive.The G�ense affarded hereun�er shall
nut supersede any resirictions on patkiny imposed by pub6c authorities, or which may be otherwise esta6fished or required by First
PaRy fui Purposes of tac�7itatinp,affonlind or reserving space for parking of delivery or emergency vehicles.
3. Ad�itiotral Licenses Permittud;limitation. No�fling�ontained in this instrument shall be deem or censtrued to limit or impair
the right or Preroqative oi either Fi�st PartY or Second Parry to,from dme-to-time,grant ar afford to the ocher parry, or tu the other
party's permittees,writter►license or permission tn use some portion or all of such parry's parking faci6ties ar spaces at times,or for
purposes,6tte�t f�an or in addRion to thnse txnes and purposes expressl1r licensed heretmder on such terms and�onditions as such
party maY, in The exercise of its safe discretion. detecmine (fierein called "Temporary License'). Provided, however, that any
Temporary License ntay 6e revoked or modified in any respect ar panicular in the sole and unfettered discretion of the party affording
_ the same ai any time upon delivery or posting of writte� ro::ce to �� ciher party or to any tlird party a� paRies :o whnm such
Temporary�License ar pertnission may Aave been affarded. All persons or ontities whe shall avail themselves of any ripi+u or
premgatives affarded u�dor any 7emporary �i�ense shall be conclusivety deemed to have e�ercised any rights ar prero9ativos
ezercised by such persom or entiries under color of such TempararY licenso and shall not, 6y reason of such exercise,fiave, claim or
be deortwd to have acquired, any rights, or titie or interest in the premises affected bY such exercise, by prescription, adverse
posses�ion or ia►der any other principle or rule whatsoever whe[her copn¢able at law or in equity.
4. Notiu of Licenses. The licenses affordeA hereunder may be exercised only by persons to whom permissinn is granted 6y the
respective ficensees First Part}r and Second Party will therofote,each and respectively,provide,or cause to be fumished,rn all and
any persau to whom such permi5sian is granted,wrrtten eride�ae uf such petmission�a ierm which such person5 may display upon
or withi�[I1eir vehicte(s! in such a manner as ta be read�j risible from the e:tedor thereof. Each paRy here6y�acknowtedges and
agrees tfiaE ihe other parry. o�its tenants or others lawfully entided tn acupy such paRy's property or any portion(s) thereaf, shall
have the unqaalified right and prerogative to removs any vehicle pa►ked on such party's prapertr which does not Cisplay evidence it is
parlced with permissioa in accordance with the faregoing provisrons of this paragraph.
5. Diselaimer af Liabiiity. Neither first Pa�ty nor Second Party shatl be liahle to the ather ar to any third partY or parties
WhOfT1SGeV8f,for any loss,damage or injury of any kind or nature whatsoever incurred or suffered by any person,persnnal property ar
any vehicle while present on such party's property bY reason of the licenses granted hereunde�.�egardless of the cause af such loss,
damape or injury. Each party hereby covenants and agrees witli the nther that it will post notice ai�d otherwise inform all persons
who may now or at aaY time hereafter avail themselves af an}r right or license ptorided hereby, that hy entering on such party's
property fo� any purpose, such persons aswme atl risk of �oss, damage and injury to themselves, any vehicle owned, operatod or
Pa�ked 6y or tor the bunefic of such porsun,and aey other pefsonal propertY brought upon or left af such party's property DY or lor the
benefit of sach persun.
6. Duration;Psrties 6aund and Sanefited. The license grarrted ta First Party hereunde�shall remaia in effect(or so long as the
`- Tempie Prnpem/shall be and remain commi[ted to the uses set fo�th in Recital D o(this instrument The license g�anted to Secand
REtl�ROCAI LICElISE � PAGE 2 uf 3
Apr-09-99 06: 34A P. 04
r .
Party hereunder shaA remain in effect fa sa Inng as the Of(icc ProQerry shan De artd romain cortxritted tn the uses set torth in Recital
E of this instnurx:nt. Should either license aflordad hereund� expire br reason of the foregoing p�ovisions of tliis paragra��h, su�h
--- ozpiration shall not in any way affect,d"uninish or impair the rights a(fordeC ander the other license aifonlcd hereunder. The ficenses
afforded hereunder and the terms and conditions herein�ontaineE sliall run witfi the lands affectad tliercby and shal[6ind and inure to
the benefit of the First PartY and�he Second Party, their respectiva I�e��,successors in interast,assigns and alf other persons now nr
at any tuno hereafter having or claiming a�y rgfit,titie or interest in their respective propert� s by reason of any tenancy arranpeii�ent,
Gen or other encumbrance whatsoevar.
!": 'N!TlU�SS WNEREOF,tlm parties have each caused t i' in , � e�t e e t d and acknowledged effectrve
on the latest date set forth below.
6HAHMAPREMANAAIDA ASHRAMA,an Oregon
nan•profit corporation, First�arty L J.N IISKY, conG Party
BY �� - _
Swami Viswa Premanar�de,President
.
By :
Bharat Naik,Seuetary
State of Oregvn,Caunty nf �. '� s.s_
This instrument was acfcnowledged before me on . 1 , 199y,
by SWAMI V4SWA PRElU�ANANDA as Pre�ident ef Brahmapre nda Asbrama,a re�on nan•p it cnrporation.
���v=�L 5�'°� Nota Public fo�Ore an
e�oo�E uMWw �1► 9
'''aT�aY�ue�r�-oaEOON My Commissian Expires
� COIu1MISS10N N�.06:0.'.3 r r
1tY COMMtSS10N DcP1RES�UtdE C3,2ppp �
,. r�
State of Q�egan,County of u�(,(,�(��(,�/�/((�} s.s,
ii'u iDSuwTiciii raJ ai.iii�unicuycu ucsv'i8 T'il�C Gil 2� . ;oo��
6y 8harat Naik as Secretary af Brahmapremananda A:hra�n Oreg�9n non-pro�i c rporation.
�
OfFIClA�SEA�
, M�OKE�}��!�V tary Puhlic for Oreaon r �
+ �'. NOTAqYP�lgL1C-pqEfl�N � My Commission ExpaeS u���j'2�_
' COMMI$SIOr+I N0.4S�16 —�-T
IMT COAIMt55lON EJCPIf1E5 JUNEr}�,xmn
S*.�!s �f Ors;�n, r_Ln??�9f ���,�^�:t1�� —} s.�.
This instrument w�s�cknawiedge�efore me on < �} , 1997,
by Michael J.Nedelisky. �, � -.� .
,, . ,,,
, -� \ �:�
� OFFiC1AL5EA� Natary Public for Oregon
a�o�r��.tocHEU My Ccmmission Expires � —` �1-,-���
� NUTARV PUBLIC-0REGQN
��, COMMtSSIOIr NO 0�7166
�,1r I:OMM�5510N ExP1RE5 SEPT 27. 1999
RfCi�R�CAI L1CflSf 3 PAGE 3 ai 3 '
Apr-09-99 06: 34A P _05
�P-15-1y`Jr 1�� 1� ansnat tor� T ii le Ir�s. �:�i :�� �b4 ��i'I�1 r.l��
� "EICHl81T Il'
to
REI�PRpCAI UC �f f0�!PdRXIXG �
I"Te�mple Propert�`1
A 7RACT C01NPR1SFD OF tANO DESCatgED AS PARCELS I, II AND Ilr IN QEfD RECORDEn J�uuA�Y 5, 1995, A5 FEE NO.
85001169, REGOR05 OF WASHlNGTON CUUNT'f, DRE60N. 51TUATED tN THE SDl1THEAST QUARTER OF SECTION 35,
TOWNSNIP 1 SQUTN, RANGE 1 NIEST, WIUAMETTE MERlD1AN IN THE CiTI' OF TiGARO. WASNINGTQN COU�ETY,
OREGON, T06ETHER WlTH THAT POATION DF THE LANO DfSCRiBED IN DEED RECORDED AUGUST 10, 1995, AS fEE
N0.950b58Q8,AECQFiDS OF WASHINGTDN COUNIY,DAFGON,MORE PAR?ICUTARIY OFSCAlBEO AS FOLIQWS:
COMMfNqNG A7 THE SOtlTHYYEST CDRNFR OF TNE TNQMAS A. S10TT OONATION LAMfl CUIIM N0. 53; THENCE
NOATH 2°03�OQ'FAST,a DlST4NCF DF 780.38 FF£T TO THE SOlfTHEAST CORHER oF SArD Tw►CT�FSCRIBEO IN DFEO
AfCORDED AS FEf HO_ 950558A8; TNENCE ALQN6 THE SOUTN LiNE OF SAID TRACT NORTH 81°57'01' WEST, A
OISTANCE OF 50.00 FEET��THE'POlNT OF BfGINNi#6':THEHCE LEAVING SAIQ SOU7H LINE fYQRTH 2°Q3'00' EAST,Q
AJSTANCF OF 37.39 FEF�;THEMCE NQRTH 49°06'23'WFST, A DISTANCE Of 91.68 FEE7 TO THE NORTH L1NE OF SAIO
tRACT DESCRIBED IN DEED RECORBED AS FEE N0. 950S5808; THENCE ALONG SA1D NOR'(li LlP1E NORTH 87°58'19"
WEST,A DfSTANCF OF 1U7.�7 FE�T TO h1E NOiiTHH[EST COR�iER Q�S�iD TAACI;THENC�ALONG THE WEST UME QF
sA�O TRACT SDUTH 2°5r�3� WEST, A DISTANCE Of 94.85 FEET TO THE SaUtNWEST CORNFA OF SAID TiRACT;
THEMCE ALONO TH�S`tiUTH L1NE OF SAID TRACT SOtITH 87°57'Oi'EAST,A DISTANCE OF 180.47 FEET TO THE'POINT
- QF 8E6A1lNAVti`. � �
1Cartains 90,067 s+qt�sre feet,more ar!as)
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Apr-09-99 06z34A P_ 06
5tf'-1�-17��( 15� 1� ran5nd�lO� 11t iC ln�. LO �1�� Gtf� S3IIJ I�.YJ.�
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Rf�/PRaCAL UI.�A►Sf fUA�a�9XI1YG
('�ff'�n P^oPart�
a TRAC7 CDMPRISED OF L�fO OfSC�18FD ur OFEDS AFCDADED AUGIIST 10,1995 Jl5 FEE N�'S 95�5587 0 AMa 4505581?AND
PART OF THE UNB OESCRtBEQ Ik DEED RfCORDED 1S FI£ Nd 950558a8. RfCORDS OF WASii1NGT4N CODU(1Y, OAE60N,
SITUATED IN THE SOIITHEAST aIJARTQt Of SEC1iGN 35,TOWNSH�P 1 SQU7}�,RAN6E 1 WEST,WttLAARETTE MERfDIAN,AY THE
GITY OF TIG�►AD.WASMWGTOM COUHTY W TH£STA7E Of ORE60N BEU+IG YpRE PAR'T1CUlAf�IY OESCRtBED AS FOLLOWS:
CDMMEHCW6 A7 THE SOUTHWEST CORNER �F THE TNOMAS Il STOTT OONATtQN IAM� CI1l1M MQ 53; T�tEN�f IVORTH
Z'D3'OD'EAST,A DISTAMCE OF 7dQ.39 FfET TO Ti�tE SaUTHEAST CfltiNER OF SAlO TRACT OESCRIBEO IN OEfD AECOADED AS
fff N0.8505�Q A1rID TtlE'P�MT Of BEGINNIIiC:THENCE ACON6 THE SOUTM UNE Of SAlO TAACT NORTN aT57'01'WEST.
A 0lStANCE Of 50..D0 F�T;THEKCE[fAYIJW�SA10 SOUTH IJNE MOATH 2'0?'Oa'EAST,A DISTANCf OF 37.38 FEET:THENCE
NORTH 49•06'23'WEST,A DISTANCE QF 91.68 fffT 10 TME NUASH L1NE Of SA10?AACT QESCR18fD IN DEED AECOROED A5
FEE N0. 95055848; THENCf A101�6 SAlO MORTH IINE HORTH 87°58'19' WEST, A OIS7ANCE OF 107_57 FEET TO TNE
MORTFtWES?CORNEA OF SAID TRACT;TNENCF AION&THE WEST LWE OF SAPO TRAL'T'S RECOROED AS FEE N0.95055810 AMD
95055812 NORTH 02'S7'13'FaST,A DISTANCE Qf 263.41 FEET?0 T�IE Sal1THfRLY RiGHT-0FWAY UNE OF STATE HfGNWAY
N0. 217; THENCE ALONa SA1D R(6HT-0E-WAY L1NE ON A 11,3t8_16 FOpT RADIUS NON-tAN8EAIT CURYE CONCAYE TO THE
SOUT�lWEST (CHORO BFARS 5011TH 49'�4'4a' EAST, • 420.65 FEET1 A a157A1VCE OF 420.69 fEET TO A PO1NT OF
JNTFRSFCTION WRH TNF SOl1TN UNF Of SJ�O TRAtT OESCRIBED IN DEED REtOAQFD AS f�N0.95055812 S�JO UNE A1S0
BQ�G THE SOUTFI UNE 4F LOT 19.BlAC1('0','METZ6fR ACAF TtiACl'S',THF]i10E AI�Na S�►1U SQUTH tINE 1�OR1�E9•03'05'
-- 1NEST, A OISTANCE OF 105.32 f£fT TO THE EAST ll�IE OF SAIO TAI�CT�ESCRlBED tN DfED RECOqOED AS FFE K0.95a55810;
THE�ICE ALON6 SA10 EAST 11NE�[IIa THE EAST UNE OF SAIfl TR�tT DESCii18ED IN OEED FifCOROED AS iEE N0.95055808
SOtJT1i 2'0700'1I�f5T.A DfSTMICE OF 115A7 iEET TD TNE'POIEIT Of BEQIWi1MG.
[Centaies 66,t 33 aquin ie�t;mo�e sr kssl
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Turci P.03
Apr-09-99 06 : 35A P_07
-� .. � Sl..,c CF OfiEGON �
SS
, AFTEA RECdRDIAIG RETURN TQ: County ot Washf�gton
•-„ 71bm.s�.slrr*q+�•Fs4 I, Jerr y (�. Hanson, Director o1 Agsess-
C1S�l �8325 5.1IY.B�nesFrry RwO.Su+n 207 mcnt and .7"ax3tion and Ex-Otficio County
J , lak,Osrp.,OR 97935 Clark for saiC county,do hereby certity tha:
� the within inatrument o(wrl(Inq vSas rHCCivcd
and rec�rded in booK ot'recorde. of said
�O County. ' ., .- ^�
�
h�'
.. �Jerry R;=Nsnson ,°Director of
Asseeement'and'�1'axation. Fx-
� O111cio,Counry�Cierk
Doc : 97085692
Rect: 194148 78. UC
09/15/1997 03: 15: 51pm
DECLARATION Of EASEMENT
RECITALS
WHEREAS, the undersigned Brahmapremananda Ashrama, which took titte as Brahma Premananda Qshram,an
Oregon nnn•profit corporatian, herein caAsd"Grantor",is the owner in tee simple af a certain tract of land situated
in Sectian 35. Township 1 S�uth, Range 1 West oi the Willamette Meridian, in the City of Tigard, County of
Washington and State of Oregnn, more particularly described at E�rhibit Q annexed hereto and 6y this reference
incorporated herein es it fully set forth, herein called "Servient Premises", and
WHEREAS, the undersigned Michael J. Nedelisky, herein called "Grantee", is the ewner in fee simple of that
certain tract of land situated in Section 35, Tawnship 1 South, Range 1 West of the Wiflamette Meridian, in the
Ciry of Tigard, County of Washingtnn and Siate of Oregon, mere particularly described at Erhibit B annexed hereto
�� and by this reference�incorporated herein as if fully set farth, herein called"Grantee's PremiSea", and
WHEREAS, hy instrument recordad as Fee 1Vo. 88-9fi19, in the records of Washington County, Oregan, on March
9, 1988, Woadrow W. liughes, David W. Hughes and William B{ue, as the "Grantars' therein named, entered
ietn a� Agreement for Shared Orive fasement And Maintenance, with Kinder-Care, Inc., a corpnration, therein
named as `Grantee" therein called "Kinder-Care AQreement"1, affording to the said Kinder•Care, lnc., certain rights
of access affecting a portion of the Servient Premises suhject tn certain affirmative undertalcings on the part of
said Ki�der-Care, Ine;, to maintaio and repair, and bear the cort of maintenance and repair, of that p��tion of the
Servie�t Premises affected by said agreement all as therein provided for, and �
WHEREAS, hy instntment recorded as Fee No. 94033952, in the records af Washington County, Oregon, on Apr�7
8, 1994, the said Woodraw W. Hughes, David W. Nughes and William Blue, as the `Granturs" tl�erein named,
entered intn an Ag�eement fo�Share�Orire Easement And Maintenance, with Carf Eshelman, the�ein named as
"Grantee" (herein called 'Eshelman Agreertient"1, affording ta the said Carl Eshelman certain rights uf access
affecting a portian of the Servient Premises subject to certain affirmative undeftakings on the part of said Carl
Eshelman, to maintain and repair, and bear the cast of maintenance and fepai�, of that pa�tian of the Servient
Premises affected by said agreement ap as therein p�ovided far, and
WHEREAS, hy their terms, both the Kinder-Care Agreemeni and the Eshelman Agreement pro�ide:
This Easement and Meintenance Agreemerrt sha!/be deemed to run with the lan�ana shall rnure ta !he
" benelic vf aRd be Gind�ng upon Grantee, Grantors and therr�esQective her"rs, successars enJ essigns.
DECtARAT10N Of EASEMENT / � ,� Page 1 of 8 Pages
Apr-09-99 06 : 35A P _ 08
�. and
WHEREAS, the Grantor and the Grantee named herein each desire and intend that they and each of them and
their respe�tive successars in interest, transferees, assip�s, lessees, tenants and invitees shall now and fur all
time hereafter have the unqualified riglit and ability to use, enjoy, occupy, improve, re-improve, construct
improvements, reconstru�c improvements, deve[op and redevelop, sell, lease, rent and otherwise deal with all
premises, parcels and tracts af land which the Grantor and the Grantee, ar either of their numbe�, or their
respective successors in interest, transferees, a5signs, lessees, tenants and invitees, shall naw ar hereafter ov�n
nr acquire the right to use or o��upy whieh may at anytime beaefit from the �ights of use and easemcnts created
hereunder whet��er ar nat su�h premises, parcels and tracis of land are now owned, accupied or used hy Grantor
or Grantee, alI to the highest and besi use which may be made of said premises, parcels or tracts of land, and
WHERfAS, it is the purpose of this i�strume�t to estabfah and create in favor of the 6rantee, petpetual nen-
ez�lusive rights and interests in the Servient Premises in every way sufficient to accompfish tfie desires and intent
of the Grantu� an� Grantee above-stated and to hereby de�ne, fi�c and estabtish it perpetuity, for the benefit af
each ef their number, their said su��essors in interest, traasferees, assigns, lessee5, tenants and invitees
respectively, the uses and purposes for which the Servient Premises shall be committed, employed, imQraved and
maintained withont in any manee� efEecting car.ve}�ance of the fee title to the Serv9ant Premises or any
portion thereoF,
AGREEMENT � �
� In ccnsideratioa of the faregoing recitals and the mutua{ declaratiens and agreements herein contained and set
forth, it is hereby COYENQNTED AND AGREED by and between the Grantor and the Grantee, each with the
other, as foflows:
1. Easement for Surface Access and EQress. The Servient Premises shall be, and are here6y, declared and
suh{ected ta a commort, nan-exclusive easement and right ef way ior surface vehicutar and pedestrian access to
and egress from the whole of all adjoining tracts of land now owned, ar which are hereafter acquired, by the
Grantar or by the Grantes, inc(uding, but nat limited to, the Grantee's Premiaes abave described, arid which 6e
within, or, as the case may 6e, which lie cantiguous with,�any portion af tfie Servient Premises, the Grantee`s
Premises or both of said Q�emises, whether o� oot any such adjoininp tracts of land so owned shall, now ar
hereafter, be described in gross or as sepa�ate parcels ar tracts; whether ar not any or all of said adjoining tra�ts
of land shall be imp�oved or developed to any extent whatsaever, and at such time ur time5 as the same shall he
:�:p!Qysd, �+eYSlaped and used, tn whatever extent any or ali of said adjoining tracts shall be lawfully improved,
developed and used at any time in the future. The easements and rights of way established and �reated hereby
shall�un with tltie laads se:�jected thereta, and the !anda tienefited thefeb�, and sAall biad and inure to the benefit
of the Grantor and the Grantee and iherc respective heirs, successors in interest and assigns.
2. Easement far Utilities aed Servicas. 5ubject to requirements, regulatians, restrictions naw, or at any time
hereafter, lawfulty imposed by duly cunstituted govecnmental autharities, the Servient Premises shall be, and are
here6y, declared and subjected to a cammon, non-exciusive eaaement and right af way tor the undergrnund,
su�face and abave-ground installation, construction, reconstruction, platement, use and maintenance of utilities
�
services and their essociated conduits, equipment, cnmpanents, pipes, conductars, controls, metering and
DECLARATION OF EASEMENT � Page 2 of 8 Pages
Apr-09-99 06: 35A p _ pg
monitoring devir.es, connections,inlets,outlets, vaults, means of access and means of suppart wh¢ther below, on,
or above the wrface of the land, incl�ding, but not limited to, water servicx af any description; sanitary sewer
coltection, starage, processing, pumping an�lor dsposal; storm sewers, rain drains, catchment, control andlar
drainage of sarfa�� and �bove grnund runoff from lands and impravements; electric services and etectricity;
telecommunicatians of every description, fire mains and hydrants,natural gas transmission, and generaAy �II other
additional o� oiher equipment nr installations which may, from time to time, become necessary or convenient for
purposes of rendering necessary utifities and services available to, and adequate for development and use of, the
whole of al! adoining tracts of laod now nwned, or which are he�eafter acquired, by the Grantor or hy the
Grantee, incfuding but not Gmiied to the Grantee's Premises a�ove destri6ed, which lie within, or, as the case may
be, wluch 1ie contiguous with any pa�tion of the Servient Premises, the Grantee's Premises or �oth cf sai�!
premises, whethar or nat anY su�h adjoining tracts of land so owned shall be,now o�hereafter, descri6ed in gross
or as separate parceis or tracts; wheiber ar not any or aii of said �ujaining trrtts of land shall be impraved or
developed to anY extent whatsoever, and, at such t�nne or iimes as the same s!►all be improved, developed and
used, to whatever eYtent any or all of said adjoining tracts sna"u oe iawiuiiY impraved, deveioped and used at any
time in the future.
3. Easernent fvr Monurnents. Signs and Billboard5. Subject to requirements, reguiations, restrictions naw,
or at any time hereafter, imposed by duly co�stituted govemmental authorities, the Servient Premises described
shall be, and are here6y, declared and subjected to a comman, non•exclusive eas¢ment for construction,
reconstruetion, installation, use and maintena�ce of permanent monuments, signs er 6illhoards placed solel}r fa�
the purpose of identifying by nametsi, addressiesl, activity(iesl, 6usiness(es�, commereial or other uses, any party
or parties who may octupy any partian of any improvemetits placed on�any land benefited by the easesrrents
estahGshed at garagraphs 1 w 2 a6ove. PROVIDED, HOWEVER, no such marwment, sign or billboa�d shail he
_ ptaced or erected upun,or extend over or above, any improved rasdway, driveways or pedestrian wafkways new,
ar at any time he�eafter, pfaced anywhere within, or whicb intersects or abuts, the buunda:ies of the Servient
Premises; no�sha8 eny tuch monument,sign ar billboard he configu�ed iri such a way, or arected or p(aced in such
lotation o�menner, as may in any way materially interfere with, or o6str�ct, either: {a)free and caavenient access
to any imo�nvemenis located upon any tract or tracts of land benefited by the; easements established by
paragraphs 1 or 2 ahove by means of any improvements made upon ar to the Servient Premises or by any ather
means; or i6} censtruction, retonstra�tion, installation, ase or maintenance of any improved roadwa�t, driveways,
pedestrian watfcways, landscaping or other improvements o� instaRatians located upan, abo�e or beneath the
surface of laed lying within the bovndaries of the Servient Premaes othe� than ma�uments, signs or bdtboards
p[aced tt�eoa: or (c1 the a6iGty af peraons intending to enter onto ar to depart from the Servient Premises fram
the pu6Gc roadway which lies contiguous with the easternmost bou�dary thereof, to �eadiy perceive and identify
the entrance tn the Servient Premises from said roadway and safety enter into, ar depart from, said entrance on or
by means of said public roadway.
4. Easements Apaurtenant. The rights and easements described and created hereunder shafl endure in
perpetuity and shall be and remain appurtenant to the Grantee's Premises above•descrihed and to any additianal or
other p�emises, parcels or tracts of land hereaker acquired by the Grantnr ar the Grantes as aforesaid.
5. Grants to Third Parties. Grantor ezpressly ag�ecs that it will not, without the cunsent, joinder and
agresment i� writing af Grantee, voluatarily affo�d �o any thi�d psrty or pacties, inctudinq, without fimitation, the
grantee name� in the l(inder•Care Agreement its successort in inierest, transferees o� assigns, and the grantee
named in the Eshelman Apreement, his successo�s in interest, transferees and assigns, any rights ar interests in or
affecting the Servient Premises ar the easements and intetests afforded the Grantee hereunder, it being
�
DECLARATION OF EASEMENT � Page 3 of B Pages
Apr-09-99 06: 36A P _ 10
specifically acknowledged on the part of the Grantor that any such rights or interests afforded any such third
` party or parties will result in ir�eparable harm to Grantee and Grantee's Premises herein descrided.
6. Im rnvement Mainten nce and Ra air of Servient Premises The Grantcr and Grantee a�knowiedge
that by means of the Kinder-Care Agreement and the Esheu�an AgraE�ent above-�neniioned, each of the grantees
thereunder and their respecdve succe5sors in interest and assigns, became ohligated for maintenance and repair of
"...the shared drive..." su6ject of a�� described in each of said agreements '_..su lang as the lands to the west
which are henefited by the shared drive contain na more than two single family residence5." The Grantor and
Grantee further acknowledge that said agreements and each nf them further provide as folEows:
In the event the lartds to the west ar� deve/oped�a inc�ease the vehrrular trurden an the sh�red drive,
the�lrom such time fonvaid the cost of maintaining fhat porrion of the shared drrve constructed ta t/le
west af[h8t point 120 feet ta[he west of S W.HaU 8oaleva�d sha/1 be shaied pro�ale�sic)tv th�amount
al square footege of each parcel ryhrch has access ta S.W.HallBauleraid through said shaied drive,. _ .
Actnrdingty, the 6rantor and Grantee hereby undertake and agree thaL as respects that partinn of any shared
driveway now exisiing upon the Servient Premises lying within 120 feet af the easterly baundary aF S.W. Hall
Boulevard and with respect to that po�tion af any surface impravemenis heteafter constructed or recnnstro�ted
upon the easte�ly 12D feet ofi the Servient Premises for tne purpnse of vehicula�acce5s and egress only which arE
c�sed by or tor the benefit of the grantees named in said agreements, theu successars in interest or assigns, ar any
uf said parties, the Grantor and the Grantee shafl 6ear the cust ta maintain and repair such shared driveway and
surface improvemenis which it is nnt the obligatiun af the grantees under said agreements to bear as aforesaid, in
ac�ordance with the fo�nula implicit in the terms of said agreements set forth above.
As res�ects that portion af all and any other improvements, of whatever kind or nature which are now existing or
— - 6ereafter construtted or recanstructed, placed c� i�s:a!�pd on, 6enea:h or a5uve the surface of the Servie�t
Premises, including, but not limited to, surface improvements provided for the purpases of vehicular access and
egress onty, which do not benefit, and are not used in cannection with, any use ar improvements occurring an
premises not owned by the Grantor or the Graniee, the Grantor and the Graatee, shall share in the cnsts to install
aad cunstruct, and t� repair and nnaintain, any and all such other improvements in sfiares reasona6ly and fairly
proportionate tn the benefit �onferred by such impruvements on their respective lands and the irnprovements oow,
and at anytime hereafter,constructed thereon_
In establishiag the reasonably and fairty propartionate shares of costs to be h�rne hy the Grantor aad the Grantee
as stated a6ove, the following factors sha0 be applied: :
a, Whether the subject improvement in fact benefits the lands and improvements of tlie Grantor and the
Gra�tee in the sense that such im�ruva�r���t is necessarv in order for such lands and im�rovaments to ae usxd
and oc�u�igd. if na such henefit is provided, no share of the coats entailed in instalGng and canstructing and
repairirg and maintaining shall be horne hy the owner of the lands and impravements not benefited_
b. Whether the s�h;��+imarovement casts mare ta install or construct within ar uoan the Servient Premises
because it 6enefits the lands and improvements of both parties rather than the lands and improvernents vf one
Qartv exclusivelv_ If the subject improvement benefits the land and improvements of both the parties and if
the casts to instell or canstru�t such improvert�nt are not at least five percent 15°!�I greater than they would
6e if theY henefited the lands and impravements of one party e:�lusively, then the costs to install or
construct,and the costs to maintain and �epair, such improvement shall be sha�ed equally by the Granto�an�
Grantee. 8ut ii such costs a�e at least five pereent (5%) greater 6acause such improvements henefit the
-- lands and it�prove�nents of beth parties, then the cost to install o�constntct such improvement within or upon
DECLARATfOw OF EASEMENT � Page 4 of e Pages
Apr-09-99 06: 36A P _ 11
� the Servient Premises for the exclusive use an� benefit of the Grantor's lands and the cost ta install or
construct such improvements within or upon the Servient Premises far the exclusive benefit of the lands and
v improvements of the Grantee shal[ be determined and combined (addedl to form the denominator of a
fractional share, the numerator of which, as respects each party,shall be the cast ta install a�construct such
improvement within or upan the Servient Premises far tfte excfusive benefit of such party_ Such fraction shall
then be used to detennine each party's share of the cest ta install or canstruct such improvement witliin or
upon the Servient Premises as well as each party's share at the future cost to maintain or repair such
improvement.
c. Whether ar nat the necessity to maintain ar repair an imorovement within or uoon the Servient Premises
is caused or �antri6uted to bv wronqful nr nealinent act or omission of the Grantor or the Grantee or af anY
Qerson or persons regardless of their 5tatus as aa awner, lessee, tenant, licensee. invitee or tresvassei.
entering IeavinQ comingon ta usina or occupvina the I nds or imntovements of the Grantor or the G�antee
other than the Servient Premises or some partion thereof. If maintenance or repair of an improvement withio
or upon the Servient P�emises, or the Servient Premisas themselves, is not caused by tl�e wrongful or
negiigent act or omission of Grantor o� Grantee or any person or persons entering,leaving, coming on to, using
or occupying the tands or improvements af either the Grxotur ar Grantee as aforesaid, the costs of any such
maintenance or repair shall be shared hy the Grantor aod the Grantee as descri6ed in the next preceding
par�graph. Othe�wise, such costs shall be borne in their eatirety 6y the party whose wronqful or negC�gent
aets or omissions caus¢d or contributed to the need tha[ such casts be incurted or 6y the party owning the
Iands or inprovements subject of enterinq, [eaving, coming on ta, use or ac�upancy hy such person or
persons.
d. Whether ar not an imorovement installed or constructed within or upon the Servient Premises requires
-- maintenance or reaair rev�acement recanstructar or uaaradina due to chan�es in. or intensification of, uses
e� a^tiv':res ec��.�R�ne �►oon or�evelapment nr 9m��avements uf the !3nda af the Granto�o�the Grantee. If,
salely by reason of such changes or intensifitatio�, an improvement previous{y instal(ed or conswcted within
or upon the Servient Premises must 6e maintau�ed, repaired, replac¢d, retanstructed, upgraded, relocated ar
otherwise modified, as costs assaciated with maintenance, repair, replacement, reconstruction, upgrading,
relocation or other mod'rfi�atian, including any and aII res�itinq costs and expenses incur�ed with respect to
nther�nprovements affected by such actions, are tu be borne by the owner of landt upon which such changes
ot intensified uses ar activities have accurred or will accur regardless of any incidental benefits which might in
the future be conferred on other lands havi�g potential access to such improvement. However, if eny such �
maintenance, repair, re�facement, reconstruction, upgradng, relocatian or other modificati�n results in eny
immediate a�d direct enha�cement of services or in ihe kind, quaGty or quantiry of services or utiGties,
actvally eraitable to, and used or consumed an, the lands of the other party, then the casts of future
maintenancE nr repair of such improvement zhaA he burne equally between the Grantar and the Grantee.
7. Taxes on Servient Premises. If the 6rantor, the Grantee, or both the Grantor and Grantee, shall become
obGgsted as the uwners of lands benefited ay imp�ovements installed, constructed er used withi� or upan the
Servient Premises, for the payment of any ta:es, e:cises or assessments levied based on the value of such
improvements a upan the rights and interests affarded under this inatrament, as distinguished from the
unimproved value of the real property comprising the Servient Premises, then the Grantar and the Graatee shall
egch �espectively assume, pay and satisfy such tazes, azcises or assessmentt p�omptly and 6efore arry partion
thereof shall become in arrears or past due. G�antor shal! fuNy pay and satisfy aay such ta�es, e:cises or
assessments levied based un the unimproved value of the real p�operry comprising the Servient P�emises all as
�� herainefter p�escribed:
DECLARATION OF EASEMENT S Pags 5 of B Pages
Apr-09-99 06 : 37A P_ 12
a. �n or before the 31st day of December each year commencing with the year 1997, Grantnr shall deliver
� to Grantee, and Grantee sha11 deliver to 6rantor, at their respective addresses appearing on ttie reat property
tax ralls of Washington County, Oregon, a statement in writing setting forth the amount which the party
delivering said statement cantends such party has mcurred in the way of liability for the payment of taxes,
ex�ises andlor assessments levied on ar with re5pect to said improvements, rights and interests as aforesaid
daring the fistal taz year beginning on the fi�st day of July nf suth year.
b. IVot later than the 15th day oE February af the year following tl�e date upQn which statements are to be
delivered as aforesaid, each pa�ty shall deliver ta the ather party at the address of the other party mentioned
above, a seco�id statement setting tarth the amount, if any, which the party delivering such statement claims
the party ta whom such statement is delivered is obligated to pay to, o� reimburse, the party delivering such
statement, on acceunt of the tatal amuunt of taxes, exci5es andlor assessments levied on, or with respect to,
said improvements, rights and interest5 previo�asly paid ar thereafter payable, Dy the party delivering such
statement and cfaun.
c. Said obligations shaA be determined each year in a�cordance with the same factors ba5ed upan which
bnth partiei re5pective shares of the costs of maintenance ana repair af all imp�overnents installed within or
upen the Servient Premises would otherwise be determined on the fir=t day ef the fiscal tax year subject of
� sach statements in accordance with the fnreg:�ng provisions of thi�insVument.
d. If, according t� the second statements exchanged by the Grantar and the Grentee as aforesaid, the net
difference between the amauots, if any, each party cfaims the other is obligated to pay ar reimburse it oa
accnunt of all taxe5, eYCises and assessments wbject of such party's se�ond statement, does not exceed tf�e
sum af ane thousand dollars (51,000.00) neither party ahall be obligad tc pay or reim6urse the other any �
emount whatsoever on a�count of such tazes, eicises and(ar assessments. Otherwise, the net difference
betwee� the two amounts claSmed, to the exte�t the same exceeds the sum of one thousand dollars, shail be
paid by the party which edvan�ed the lesser claim to the party which advanced the gceater cfaim, o� the
parties shaA u�dertake to compromire thei�differences,within thirty (301 days following the date both secund
statements shalt have been deGvered as eforesaid and, tailing such compromise, the matter shall be submitted
to binding arbitration as hereinafter deuribed.
e_ In the event either the Grontor or the Grantes shaQ fail, neg(ett or refuse, for any reason whatsaever, to
deliver to the other either the (irst or second statement at the time and in the manner above stated, then the
party who delivered such statements and each of them as afnresaid shall be entitled ta recover f�om the other
party whatever artwunt the party delivering wch statements contends, in such party's second statement,tfie
other part�r is o6liged to pay or reim6urse the party wha delivered such statements and such conte�tian shal!
be deemed final,canclusive and hind�ng oa hath parties far all�urposes whatsoever.
8. DutY to Insure: Indemn'rficatian. At sll tenes, the Grantor and the Gra�tee ahall each and severally pracure
and maintain at their sole cost and expense,one or more policies ar contracts of insurance providing coveraqe and
indemnity, in an insu�ed amaunt of not less that S 1,000,�00.00, for and against losses and damages clairned by o�
on behalf af the other party, and 6y third parties, includinfl, withaut limitation, damage5 far loss, damage and
depreciation of persunal property, badily injury and lass of life, arising out of the use o� condition of ihe Se�vient
P�emises and all improvements now, or at anytime hereafter, placed, focated, instafled, constructed or used
thereon and fo�any such �laims arising out of the any insura6le activities conducted thefean 6y any third party o�
parties emplored by o� on behalf of the Granto� a� the Grantee for the purposes of installing, constructing,
maintainir�g o�repairing any and sll such improvements_ At atl times, the 6�antar and the Grantee shall each and
�- sevareNy keep and maintain ac their own expense their respective interests in the Servient Premises insured
DECLARATt0�10� EASEMENT � Pags 6 af 8 Pagas
Apr-09-99 06= 38A P_ 13
against fire and such other risks and casualties as they may resQectiveiy, and from time•to-time, each and
�`. independently dete�mine to insure. Pravided, however, that the Grantar and the Grantee do hereby expressiy
agree one with the other, that they will fully indenv�ify and save haRnless the other from, for and against all and
any 4osses, liabilities, claims, damages and expenses, includi�g without limitation costs af defense and attorneys'
fees, which the other may at anytime suffer or incur which are taused, to the extent the same are contributed to,
by tkie wrongful ar nepligent acts or nmissions of their respective employees, agents, representatives, tenants,
invitees, licensees, perrnittees, contractors, and subcanVactors and(or by any casualty or occurrence Enr which
su�h party might have abtained insurante cammonl! availahle at reatonahle cost in �elatian to the magnitude of
the risks insured, by reaaon of their respective interests in, and �antractual undertakings with respect to, the
Servient Premisss herein descri6ed or established.
9. Ar6itration, if any dispute erises hetween the Grantor and the Grantee hereunder, the same shall be
submitted to ar6itration fur final and binding determination. Either the Grantor or the 6rantee may request
arhitratian of any such dispute and appoint one individual to act in the capacity of an arbitrator. Upon receipt of
any such request for arbitration, t6e othe� party may appoint one individual to act in the capacity ef an arbitratar
and the twa arbitrafars so appointed shatl appoint a third arbitrater. If the appomtrnent of either the second or
third arbitrator is not made within ten f10) dayt of appoi�tment of thc arbitrator previousty appointed,thea either
the Grantar or the Grantee may apply to the p�esiding judge of Washington Caunty, Oregon, to appoint the
required arbitrator. The arbitratars so appainted shall proceed according to the Oregon statutes governing
arbitration (cu�rently cantained in Chapter 36, ��egon ReYised Staturesl, and the awa�d of the.arbitrators shall
have the effect thetein provided. Said arhitration shall take place in Waahington Caunty, Oregon. The casts of the
ar6itration shall 6e shared equally by the parties, hut ea�.h part}r shal! Pay its nwn attotney fees incurred in
connection therewitli unless otherwise determined hy the awa�d on ar6itration. In the conduct of any such
`. arhitration, eacfi party shall have the right ta conduct discovery by all and any means ava�able to partie5 engaged
in civil itigatian then pending in the U.S. OisVict Court fo�Oregon,sitting at Portland.
10. Partles Bound. Tttiis inswment and the terms and provisions herein centained shall 6ind, and irn�re to the
benefit of the Grantar,the G�antee and the successors in inte�est,heirs, personal representatives,.transferEes and
assigns of the G�antor at+d the Grantee. '
11. Effects of Conflicts With Other Aareements. lnsofar as the terms of this instrtunent rnay now, or at any
time hereafter, be deemed or construed to conflict witli tha terms or provisinns uf any other and,priar aqreemeni
ar instrument purpart�ng to fix, descnbe, create or establish right� an� interests in the Senrient Premisas ar any
Po�tion thereof tn which the Grantos or the Grantee, or their predecessors in irtterest, may he parties, then to the
exient pos5ibk e� conformity with applicable lega! a�d equitable princi�les a�d preceden� this insWment and the
terms and provisio�s herein cantained shal) be afForded precedence, replace and wper�e�e such confliciing terms
and provisions af said pnor agreement or instcument and the same shaU be null, void and of no further effect
whatsaever.
12. Remoteness of Vesting:Severabilitv. If, and in the event, anY rights, interests or claims arising, or whi�h
might arise, under or which are descri5ed in, or created by, this instnunent shall be deemed or coestrued by any
caun or tribunal havinq lawful jurisdction to do so, ta cnnffict with,ar re�dered unenforceable, unrecognizabie er
void by �easan of, any rale af law or equitq pertaininq to remoteness of vesting, then such tetms or provisions
shaY be deamed and conshued enforcea6le and valid fer so loog, and to such extent, as such rule of law shall
pem►it, end nn longer or further. tf any terms or pravisions of thi� instrument shall be found invalid or
unenfv�cea6le to any eYtent hy judgment or dec�ee o# any court or trihunal having lawful jurisdiction to do su, the
�
DECLAAATIDM OF EASEMENT � Page 7 of 8 Pagca
Apr-�9-99 06: 38A P_ 14
validity and enforceability of tfie remaining tetms and provisions shaA t he affected and the same shall be
� canstrued tc effect the evident intent of the parties insofar as reasa h p 5sible.
lN WITAIESS WHEREOF, the Grantar and the Grantee have her un o n s e ective as af the
latest date set farth below.
BRAHMAPREMANAN�A ASHRAMA, an Oregan
non-profi� torporation, G ntn� M AEL J. EEIS Grantee
BY —
Swami Viswa Premananda, Qresideat
8Y,.— �
Bha�at Naik, Sectetary
State of Oregort,County of�,la ' } s-s.
This instrument was acknowledged befo�e me o _ 2
1997, by SWAMI VISWA PREMANANDA as President of Brahmaproman�nda Ash�ama, an Ore n non-profit
wrparation.
U Ih� �
� oFFic�wi.�s�� Notary PubGc for Oregon
s�ooK�uu�u►N (�
NOtARY PU6LtC-qREGON My Cammtssion EYpirBS lY_ �
_ CAMM19SION N0.06+d35
MY COMM�SSiON�fPIRES JUNE O;i.2000
State of Oregon, Cuunty of } s.s. -
This instrument was acknawledged before me on . �O,
1997,�y Sharat�laik as Secrp+.ary Qf��!±�*��re�a�anda Ash►�r�,an�go!! on•profit carpo�at±on.
� p�i�gE,� Notary Pubfic for Oreqon
�T������ My Comrnission Exp'ues
c,o�a�oN�+o.�+ass �
� MY COMMN83101J EXPItiE3 JUNE 0�,2000
State of Orepon. Coanty of (>>�A�} s.s.
��.L 1 .1 .t 1. !.. Q N`I
TiiiS iil$iili�ii�i�i 3� a iwwi�8uycy�rc��ic �T�c �+i� _s��� �
1997, hy Michael J. Nedelisky. \ �.�ti�� �
oFFia�s�►� Natary Pubiic for Oregon
� avsm�coc�eu p �-c��-qq
NOTARII PU9lIC-0REGON My Cammission Ex ires
jCOMMI$SION HO.Oa7�66
`; MY CUI�MISSION E7CP1RE5 StVT_ 27,iyy3 ;
��
DECIARATION OF EASEMENT � Page 8 of e PaQes
Apr-09-99 06= 39A P_ 15
"EX HIBIT A"
TO
v OECLARA TION Oi fASfi!/fNT
B�ahmapremananda Ashrama, Grantor;
Michael J_ Nedelisky, Grantee;
[Description of Servient Premisss)
BEING A PORTION OF THAT TRACT OF LAND DECRIBED AS PARCELS I, II AND III IN DEEO RECORDED
JANUARY 5, 1995, AS FEE NO_ 95�01164, flEC�RDS OF WASHINGTQN COUNTY, OREGON, SITUATED IN THE
SauTtiEAST QUaRTER OF sECTION 35, TOWNSHIP 1 SoUTH, Ran1GE y wEST, WILLAMETTE MERIDIAN, iN
THE CITY OF TIGARD, WASFiINGTON COUNTY ANO STATE OF ORfGON, BEING MORE PARTICULARLY
OESCRIBED AS fOLLOWS:
COMMEIUCING AT THE SOUTHWEST CORNER OF THE THOMAS A. STOTT DONATIQN LAND CIAIM N0. 53;
THENCE NQRTN 2°03'00' EAST, A DISTANCE OF 780.39 FEET TO THE SOUTHEAS?CURNER OF THAT TRACT
OF LANQ DESCRIBED IN OEED RECOROED AUGUST 10, 1995, FEE N0. 95055808, DEED RECORDS OF
WASHINGT�N COl7NTY, OREGON. AND THE °POINT OF BEGINNING';THENCE ALON6 THE EAST L1NE OF THE
TRACT DESCRlBED AS PARCELS 1I AND Ill IN SQID DEEO RECORDED AS FEE N0. 95001169 SOUTH 2°03'00"
WEST, A DISTANCE OF 110.23 FEET TO TFfE NORTH LINE OF THE TRACT DESCRIBED AS PARCEL I IN SaID
DEED: THENCE ALONG SA1D N�RTH LINE SOUTH 89°03'OS" EQST, A DISTANCE OF 287.47 FEET TO THE
WEST IINE OF SOUTIiWEST HALC BOLIIEVARQ(CQUNTY RQAD N0.947):THE�ICE ACONG SA1D RIGH7•OF-WAY
LINE SOIITH 0°56'55` WEST, A DISTANCE OF 3207 FEET TD THE SOUTH LINE OF SA1D PARCEL (; THENCE
Y AtONG SA[D SOUTH LIiVE N�RTN 89°51'S4" WEST, A DISTANCE OF 338_23 FEET;THENCE�N A LINE THAT IS
PARALtEI WITH AND 5U.OU FEET DISTANT TO THE EAST LINE OF SA10 PARCELS II ANO Ill NORTH Z°03'00"
EASi', A DISTANCE �F 148.01 FEET TO 7HE SOUTH LINE OF SAIO TRACT DESCR18E0 IN DEEQ RECORDED AS
FEE M0. 95055808; THENCE ALOiVG SAID SOUTFI UNE SOUTH 89°57'�1" EAST, A DISTANCE OF 50.00 FEET
TO THE 'POINT OF BEGINNlNG".
CONTAlNING 17,180 FEET MORE OR LESS.
�
EXH1BlT A DECLARATIaN OF EASEME�IT � Page 1 of 1 Psges
Apr-09-99 06z39A P _ 16
"EXHIBlT 6"
TO
DECtARAT/4N OF EASFMENT
Bcahmapremananda Ashtama, Grantor;
Michael J. NedeliskY, Grantee;
(Oescription nf Grantee's Premises]
A TRACT COMPRtSED OF LAND DESCRIBED IN DEEDS AECORDED AUGUST 10,1995 AS FEE NO'S 95055910 AWD
95055812 AhtO PART OF THE lANO DESCRIBED IN DEED RECORDED AS FEE N0.95055608,RECOROS OF WASHINGTON
COUNTY, OREGON, SITUATED IN THE SOUTHEAST QllARTER OF SECTIaN 35, T�WNSHIP 1 SOUTH, RANGE 1 WEST,
WILLAMETTE MfRI01AN, IN THE CI7Y �F TIGARD, WASHINGTON COUNTY 1N THE S7ATE OF OREGON BEING MORE
PARTICULARLY DESCRiBED AS fOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER QF THE THOMAS A. STOTT DONATION LAND CLAIM N0. 53; THENCE
NORTH 2°D3'00' EAST, A DISTANCE OF 78�.39 FEET TO THE SOUTNEAST CORNER OF SAID TRACT QESCRIBED IN
DEED RECORDED AS FEE N0, 95055808 ANO THE `POIM1IT OF BEGfNNING'; TIiENCE ALONG THE SaUTH LINE OF SAID
TRACT NORTH B7°57'01" WEST, A DISTANCE OF 50,00 FEET; THENCE LEAYING SAID SOUTH UNE NORTH 2°03'00`
EAST, A DISTANtE OF 37.38 FEET:THENCE NORTH 49"O6'23"WEST, A DISTANCE aF 91.68 FEET TO THE NORTH LINE
OF SAIO TRACT DESCRIBED IN DEED REC�RDED AS FEE N0. 95055808; THENCE ALONG SAfD NORTH LIiVE NOATH
B7°58'19" WEST, A DISTANCE OF 107.57 FEET TO THE NORTHWFST CORNER OF SAID TRAGT; THENCE ALONG THE
WEST IINE Df SAIO TRACTS RECORDED AS FEE N0. 95055810 AND 95055812 NaRTH�2°57'13' EAST, A OISTANCE
OF 283.41 FEET t0 THE SOUTHFRtY RIGHT-OF•WAY LINE OF STATf NIGHWAY N0.217;THEMCE ALONG SAID RIGHT-OF•
WAY UNE ON A 11,319.16 FOOT RA01llS NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST (CNORO BEARS
SOUTN 49°34'48'EAST,-420.68 FEET!A DISTANCE OF 420.69 FfET TO Q POINT Of 1NTEASEC710N W(TH THE SaUTH �
LINE OF SA1D TRACT DESCRIBEa IN DEEO RECOROEO AS FEE N0.9505581Z SAID lWE ALSO BEING THE 50UtH UNE OF
LDT 19, BLOCK "0'. "METZGEA ACRE TRACTS", THENCE ALONG SAID SOUTH CINE N�RTH 89°03'05' WEST, A
OISTANCE OF 105.32 FEET TO THE EAST LINE OF SAIO TRACT DESCRIBED IN DEEO REC�RDED A5 FEE NQ. 95�55810;
THEIVCE ALONG SAID EAST UNE AND THE EA57 UNE Of SA[� 7RACT DESCRIBED IN DEEO RECOROED AS FEE N0.
95055808 SOUTH 2°a3'00"WEST.A DISTANCE OF 115.07 FEET TO THE'POINT OF BE61NNlNG".
CONTAININ6 58.133 S�UARE FEET, MORE OR LE55.
�..
EXHiB{T B DECLARATION Of EASEMENT �O Pege 1 nf t Pages
Jur�-13-1��+�?� 11�b0 F.�1
FAX TRANSMI��AL
To: S � pK (
COMPANY:
FAX NO : � �" � "' � � 7 �
DATE: '�} f � Z ' � 9 S
FROM: � �-(��Z RT
PHONE NO:
FAX NO_ (5n3L_454-2233
TOTAL NUMBER OF PAGES (INCLUDING CO�IER SHEET) �_
' CONIIrIENTS :
�cL✓�C'► � . � _`
- __ �
Por[land Generai Elec;r�c � �'r'
� �
J�Ji V..1� 1=� L: !U � • --
�Y 74Q it6d2�
This ]1gre�nt im m�de :his � day af Novenbe.r, I997 bat�r�en
K3chael J. Ned�li�ky (^Ned�lisky") and Brahma Premananda Ashzalaa, an
Orsqvn non-pzo�it corporation ("Ashrama") .
a�Y��► _a
�. Wadalisky o�ans th� r�al, grapgrty deacribad on the attacbed
Yxhibit A_
g, As2vcama ovn� the real praperty descrzbed on th@ attached
Exhibit B. ashrama's proparty is adjacont tv and south of
N�dalisky'6 prvga.rty.
C. Hedelisk� as�d Ashrama have made prior aqzeements alloiring
shared parking betv;�n Idedal is]cy�s propezty arid ]1sh.zaaa'a property,
unda�.= certai2i conditicns. 2tedelisky and ]�shraaa have also mada
eQrtain agt�eme.tztz ralatinq ta utilities, a�c�se, and maintenanee of
the acesss to their properties.
D. Ned�lisky �iahtc to davalap Ne.dali6ky'� prope7rty nvLr.
l�iihraaa doee not inttnd to dev�Iop Ashrema's prop�rty until atter
Hedelis]cy�s y=ep�rty is a�veloDed.
E_ DTsdelisky visheks to construct aome par]c.inq spaces partly on
F►shrama•s property. Thi¢ �rould incr�msa thn amaunt o! parkirtg
immediataly availabla to NedQlizky's praperty. Aahr�m,a is villing to
grant penaisaivn ta Nede2lsky to build thase parking spacea on
ashraaa•a property, on the terms and conditior� or this Aqresment.
Noi�l. T�REFORE, Nedal.isky and AsRra.ma agzee a: fdllo�s:
1_ The recital9 above are true and correct and are a part vf
thf.� A.qra�mer�t-
� . Ashrama grants to l�ads2isky the�Rt tfl censtruct pavad
parkinq spaaas in th� pertion ot Ashrama's praperty cross-hatohr_d on
th� attach�d Exhibit c. Thig portion ineludee an arta nlraady
aubj4ct to an acc�ss Qasamsnt in favor ot Nedelisky and another aroa
not sa aub�ect. �
3 . N�delisky �ill construct thz parkinq spacss sntirely at
Hedelisky•s expente and withvut a .right to contribution rrom 1�►shtama,
notvithetanding any oth�2' aqreemin�betwean Nedelisky and Ashrama•
Th+e pertiea vill, hoorever, hara the mnintenanca coat o� the3a
garking spacat in accordanc� �rith Qix prior agresm,�nt�_
4. 2ledelisky uill also congtruct. entirely at tiedelisky's
expense, th� acces� drivQuay rrom S.W. Hall BQUl�vard to Nadelisky'6
proparty, aCro�s a�d through tho eaa�ment zroa on A�hrama's propsrty
1 - 71,G�F�'�I�'I'
wa�oe�s w.i►...Qr
3ur•�-1�-i�; � , ��,. °.�]�,
th�t be�its K�dQliS�T.__s__ proppr�y and a pave3 parXinq area
sufPieient tor parking o no es 12 autamobilQS north and aa�t
�f ths �Sxistinq House^ 6hovn on Exhibit C. , imaediately south o� tAe
eas�merit area. Fedslisky and Ashrama rri11 ahar� aaintena�nce ot thm
sccass aas�ent in acccrdanca �rith their pr�or eqrasment�.
5_ T�Ph�n lQedalisky improvas tha accaar oasem�nt, Nedelieky vill
also car►struct �e+,►er, vatcz and natural qas aervic� lin�s to serv�
Nedeliaky'a propsrty. For thoee uti�itiet that arn underneath the
acc��s �aa�nt and ioz yhich ?�brama notitiac ?=odelisky of I,shra�w's
rsquizas�nt: ror ssrvicn capacity uithin (op da�►s a�`ter t.he date of
t2iis A�qra�aent, Kadelisky xill bu�d urieQrground servicn lines vith
a capaeity autlici�nt to s�rve botti Nedelicky's propsrty vhsn
dev�laped and l►.chrama'� property uhen develcped. Hedelisky �,►ill
i.r►stall tap� for plugs Zor the undezgro�snd utilities uhar� th� access
eaaa�asnt turns fz'os an East Waat direction to a North Scuth dir�ction
sa that ]�►ahzama'n property can connect to those plwqs when �shzama's
property is davQloped. Nedelisky vill pay ror the laboz and
aatsrials to dv this. li�dslisky vill pay the charqes tor p4rmits
re�irsd to eons�ct_t�tte sgrvic� 23nea mentidned aDove_not includinq
a�n co� a�sx ate�i'� 'p� -�m-'its, cannection, meter reas or�Fo I�e
�currad or chargsd oa accoun ot inatallation ar connecticn or any
s�rvice linss vhich may rtcnr or h�reattar ba connectad to such service
linas to serve t2� ashrama'� proQvrty. A3hramn vi.�l�,�,v, as and Wh4n
du��ail snd any tep-in, p@rm1t, corutsction, er meter fees and o er
co'sts cb�rq�d against or on accousst ot service to ]►st�rama'� prvperty
and/or the pate.atial or eventual installation and conn�ction ot
si�rvica lin�s sezving �lshra�a's proparty vther than s�rvict lines in
the •asorment area that will slco sarve Nsdalisky�s property.
6. 'i`hfs Aqreesant may bo 6lgned in any nu�Dar a= countarparta
or vith multipla siqnaturs paqas, or �+ith signature pages sent by
taesiaile. �aeh auch siqnzture paqs sb►all be considsrsd an oriqinal,
but toq4ther the documsnts tcz�n one 1�►qreement.
7 . I 7►ny diBputa im►elvi�q this I►qreen�ent ahall ba settled by
bindi=eq arbitration with a sinqle arbitrator cho�en by ag=een�nt at
tD� partia�, cr it thay cannet aqree on a sir�glo a=bltrator, then
�andar thw rules o! llrbitration B�rvica o� Portland, Inc. Excgpt that
the shsll bm noYm th�n one arbitratar_
BRAF� PRF.lSJ►NANDA ASHRAMA
asl ,T. H is �• ,President
By:
Hharat Naik, Secretazy '
2 - RGREP�'IENT
c�►\ootst..I�.spr
JUN-13-1��? ���72
A TRACT CQMPl�I$fD OF L14ND BfSCfilSED!N QfEDS BECORDfO AUGUST 10,t995 AS FEE ND'S 9505581p AND 950�
PAAT OF THE iANO UESCRiBED tN DEED RECOR�ED AS FEE N0. 99p556Q8, RECOROS aF WASHINGTON COUIYI'Y
_ SRUATED IN THE SaUTHEDIST QUARTER QF SECTI�N 35.Tf3VYNSHIF 1 SOUT}�,�AN6E 1 W�ST. W111d141FT7F MERlUI�
ClTY Of TiGAAD,YYASHINGTUN CpU�TI IN THE S�FATE OF OAE6UN 8E1NG MORF PARTICULARLY DESCRlBED A5 FOLLC
Cd11A15AE14fC1JYG AT TNE SOUTHWFST CORNEA OF 7FIE THOMAS A. STOTT OQNATION IAND CLAIM N0. 53; THEN(
2'D3'00'EAST, A QISTANCE OF 7sQ.34 F�T TO 7y� SQUTNfAST CDRNfR OF SAiD TRACT DESCii{8fD tN DEED REC
Fff HD_85Q558fl8 dNQ THE'POfNT OF SEGtNNiNG';T}�F1yCE AL�NG TNE SOUTH[INE aF SAIO TRAC7 N�EiTH 87°57'(
A Q13TANCF OF 50.D0 FEET; 7ttEKCE �EqY1N4 3AlD SQUTH llNE NOATH 2°p�pQ-EpST, A OtSTANCf OF 37.38 FEET
NDftTt{49°06'Z3' WEST, A DiSTANGF OF 91.6H fEET TO THE HURfH UNE OF SA10 TAACT DESCRIB�II!N DEFD AfC(
FEE NQ 95Q55gpg; T�{�NCE AtON6 SA(II I+iOtiTFf LfNE NOfi1H 87°58'19"' WfSt, A OtSFANCE QF 1Q7.57 FEFT
NURTHWfST CDflNER OF SAIQ TRIiCT; THENCE AtONG THE WEST UNE OF SAfti TAACTS flECQR0E0 AS FFE IyO. 9505�
95055�12 NQATH 02°57'13' EA&7, A OtS7ANCE OF 283.41 fEET T8 TFiE Sp(JTHEAtY RIGH7 Of•4YAY UNE OF 57A7E �
ND. 217; TTiEHCE AlON6 SAID R1GH7-Of-WaY 1!!VE ON A t1,319.t6 FQOT FiAQfIlS NON•TANt�N1" CUltVE CONCAYE
SDUTHWES"T {CHORa 9EItRS SOUTii qg°34'qg- EIIST, _ 420.66 F�� A OISTANCE Of 41p,�g �ET TO A F
lNTFRSECnON W1Tf! THE S�UTH UNF OF SAJO TAACT DESGR1BfD IAI DEED RECORDFD AS FEE NQ. 8505581Z SAIO ll
8E1N�TNE SQUT�i UNE�F LQT 19,BIOCK '0",'METZGEf{ACRF�iqC�S-.T�{�NCE ALUNfl SAfD SQUfH 11NE NQRTN 8!
, WEST,A Dl3TANCE 0� 105.32 fffT TO TNE EAST LlNE QF SA1� TRAC7 OES�AIB£D IN D�EQ RECORDED AS fEE N0. 9E
THENCf ALONG SQIp EAST LIN� QNO THE EAST UNF QF SAlff TRACT pESCRiBE� IN aE�D RECDROED A5 FEf NQ. 9:
Sa�TM 2'�'�'WF57'.A Dl5711NCE Of 1]5.�7 FEEZ TO 7NE"POIHT OF BEGtA1NiN�',
ECantams SB,133 squa.e teat,more or lessJ � .'�
-- ---- -- �3iHi�� �
--.-___ _-.... PAG� s flf � .
j-1��� 11�(�� . _
A 7RACT C014lPR1S�0 OF LAND DESCf�lBFD AS PARCEIS f, (I ANQ Ill IN DEFII RECORDEO JANUARr 5, 1995, R5 FEE N0,
85001169, RECOfiOS OF VYASHINGTON CQUNFI, OREGQN, SITIlQTED IN TFiE SOUT1iEAST aUAR7ER OF SECTION 35,
rown►sHiP i s�uix. AANGE l WFST, W1LlAME7TE MERlDIAN 1N TH� CITY OF TlGARO, YYASHINGTON Ci�tlNT1(,
OREGDN, IOGETNFR WJTIi THAT POHTION �F THE EANQ OES�RIBEO tN DEED RECOROED AUGUST 10, 1995, AS FEE
NQ.950598t18,�i�COqDS DF WASH}NGTON COLINTY,�RE�O�f,MORE PARTICt1tARlY OESCRIBEO AS FQLLOWS: �
CQMMENCIPl� qT THE SOUTHWEST CORNER OF THE THOMAS A. STOTT DONAFlON LAND CLAIM NQ. 53; TNEHCE
NQRTN 2°Q3'00"fAST,A OISTANCE OF 150.39 FEET TO THE SQUTkFAST CURNER OF SAID TRACT QESCRJSED(H QEED
AFCDRDEU AS F�E N0. 95055808; 7HENCE ALONG THE 50!]TH UNE QF SAtD TRACT NOATFf 87°57'OS" VYEST, A
OISTANCE�F 5Q.Q0 FEFf TO THE"POINT aF BEGINN1fYG";�F4ENCE lEAV1NG SAlO S{IUTH LIiYf NORTN 2°03'a0"EA�T, A
QlSTANCE QF 37.38 FfFT; TNENCE NOATH 48°D&'23"WFST, A DISTANCE QF 91.68 FEET TO TfiE NDRTN LINF QF SAI(]
TRACT DFSCAIBFD 1N DEED RECUADEB AS EEE �i�. 95055808; THEIdCE ACQNG SAtD NDRTN UNE IYORTH 87°58'f9"
INFST, A DtSTANCF OF 107.57 FEET TQ THE NO�THWEST C�RNER QF SA(0 TRACT; THENCE AIQNG TNE VYEST tINE OF
SA1D TRACT SOIfFH Z°�7'13" WEST, A 0lSTANCE OF 94,86 FEET TO THE SOUTNWEST COFiHFE� OF SRlD TRACT;
THENCE�AIONQ THE SOUTH L1NE OF SAtQ TRACT SDUTH 87°57'Bi" EAST,A DISTANCF QF 180.47 FEET TO TNE'PO1NT �
QF BEGINNiN6'. �
(Contains 90,067 s�v�e feet,more or fess) .
� �XHI�IT ; ,
� PAG� # Of � .
e.o
e c� � o �`
� LEWIS &
VAN VLEET
I n�o r p o r a[e d
prin�ipals
�hris�. van vleet. p.e.
gary j. lewis. p.e.
C�VIL CALCULATIONS
FOR
TEMPLE / ASH
1 i�15 SW Hall Boulevar�+
Tigard, Oregon
FOR
Geo Standards
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---_---
EXPIRES12/31/2000
Lewis & Van Vleet Inc. Job Number 98122
�onsulting engineers
iB660 s.w. boQnes ferry road
tualatin. oregon 9706Z
[503) BBS.B6�5 phone
[503] 885.120 6 fax
LEW15• &
�onsulting �ngineers Job T�n��E
18660 s.w. boones ferry road CliBnt GEO �D/1�,pS
tualatin. aregon 97062 Job No. ����Z By B 5�
[503J BBS.B605 phone [503]BB5.1z�6 fax
VAN VLEET Date �Z'10�Q� Sheet No. j
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KING COUNTY DEPARTMENT OF PUBLIC WORKS
Surface Water Management Division QQ���T �
HYDROGRAPH PROGRAMS
Version 4 .21B
SBUH/SCS METHOD FOR COMPUTING RUNOFF HYDROGRAPH
STORM OPTIONS :
1 - S .C.S . TYPE-lA
2 - 7-DAY DESIGN STORM
3 - STORM DATA FILE
SPECIFY STORM OPTION:
1
S.C.S . TYPE-lA RAINFALL DISTRIBUTION
ENTER: FREQ (YEAR) , DUR.ATION (HOUR} , PRECIP {INCHES)
1, 4, . 36
----------------------------------------------------------------------
******************�'} S .C.S . TYPE-lA DISTRIBUTION ********************
********* 1-YEAR 4-HOUR STORM **** . 36" TOTAL PRECIP. *********
----------------------------------------------------------------------
ENTER: A(PERV) , CN (PERV) , A(IMPERV) , CN (IMPERV) , TC FOR BASIN NO. 1
0, 90, . 33, 98, 1
DATA PRINT-OUT:
AREA(ACRES) PERVIOUS IMPERVIOUS TC (MINUTES)
A CN A CN
. 3 . 0 96. 8 . 3 99. 5 1 . 0
PEAK-Q (CFS) T-PEAK(HRS} VOL (CU-FT)
. 12 .77 201
ENTER (d: ] [path] filename ( .ext] FOR STORAGE OF COMPUTED HYDROGRAPH:
TEMPLE WQ
- ��o- SWItt�E
' TEMPLE WATER QUALITY SWALE 1'GI1��T'Ot�LT Z+
Woricsheet for Trapezoidal Channel
Project Description
Project File d:lhaestadlfmw100storm.fm2
Worksheet SWALES
Flow Element Trapezoidal Channe{
Method Manning's Formula
Solve For Channel Depth
Input Data
Mannings Coefficient 0.250
Channel Slope 0.015000 ft!ft
Left Side Slope 4.000000 H :V
Right Side Slope 4.000000 H :V
Bottom Width 4.00 ft
Discharge 0.12 cfs —1 (�w4
Results
�IE Depth 0.14 ft
Flow Area 0.65 ftz
Wetted Perimeter 5.18 ft
Top Widtt� 5.15 ft
Critical Depth 0.03 ft
Critical Slope 2.962942 ft/ft
alE Velocity �.18 ff/s
Velocity Head 0.52e-3 ft
Specific Energy 0.14 ft
Froude Number 0.09
Flow is subcriticaL
�
O_14 ft
_ I� -I �
4.00 ft V�
H 4.0
NTS
12/10/98 FbwMaster v5.15
04:44:1 O PM Haestad Methods,Inc. 37 Brookside Road Waterbury,CT 08708 (203)755-1668 Page 1 of 1
--,
. , TEI'IP�.E
- � I C��`��t Sto�t'1 �
12• t� �9g
KING COUNTY DEPARTMENT OF PUBLIC WORKS �l�NT �
Surface Water Management Division
HYDROGRAPH PROGRAMS
Version 4 .21B
SBUH/SCS METHOD FOR COMPUTING RUNOFF HYDROGRAPH
STORM OPTIONS :
1 - S .C. S . TYPE-lA
2 - 7-DAY DESIGN STORM
3 - STORM DATA FILE
SPECIFY STORM OPTION:
1
S .C.S . TYPE-lA R.AINFALL DISTRIBUTION
ENTER: FREQ (YEAR} , DURATION(HOUR) , PRECIP (INCHES)
10, 24, 3 . 45
----------------------------------------------------------------------
******************** S .C.S . TYPE-lA DISTRIBUTION ********************
********* 10-YEAR 24-HOUR STORM **** 3 . 45" TOTAL PRECIP. *********
----------------------------------------------------------------------
ENTER: A(PERV) , CN (PERV) , A(IMPERV) , CN (IMPERV) , TC FOR BASIN NO. 1
0, 90, . 33, 98, 5
DATA PRINT-OUT:
AREA(ACRES} PERVIOUS IMPERVIOUS TC (MINUTES)
A CN A CN
. 3 . 0 90 . 0 . 3 98 . 0 5. 0
PEAK-Q (CFS) T-PEAK(HRS) VOL {CU-FT)
. 30 7 . 67 3853
ENTER [d: ] [path] filename [ .ext] FOR STORAGE OF COMPUTED HYDROGR.APH:
TEMPLE 10 YR STORM
. , '[��u - Sv�14L�.
� ' TEMPLE WATER QUALITY SWALE Q��1yT�tdT �
Worksheet for Trapezoidal Channel ,
Project Description
Project File d:Ihaestadlfmw100storm.fm2
Worksheet SWALES
Fiow Element Trapezoidal Channel
Method Manning's Formula
Solve For Channel Depth
Input Data
Mannings Coefficient 0.250
Channel Slope 0.015000 ft/ft
Left Side Slope 4.000000 H :V
Right Side Slope 4.000000 H :V
Bottom Width 4.00 ft
Discharge 0.30 cfs --� (,t��
Resufts
� Depth 0.24 ft
Flow Area 1.20 tt2
Wetted Perimeter 6.00 ft
Top Width 5.94 ft
Critical Depth 0.05 ft
Critical Slope 2.447820 ft/ft
� Velocity 0.25 ft/s
Velocity Head 0.97e-3 ft
Specific Energy 0.24 ft
Froude Number 0.10
Flow is subcritical.
�
0.24 ft
_ I _l ,
4.00 ft V�
H 4.0
NTS
12J14/98 FlowMaster v5.15
01:0235 PM Haestad Methods,Inc. 37 Brookside Road Waterbury,CT 06708 (203)755-1666 Page 1 of 1
;
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:I . .
Pro�ect No. q�1Z�— l]eslpned by_ �S.D [)ato�_/_S- 9 9--cn�:k�i r�y_<<S� Dalo ---- . .
; Pro�eci Nam� T���-�- A5H�/1t'� ^ ^ Page I ol f�_—
p�SIGN DESIGN CALCUI..ATIONS DESIGN INVEf�T
SECTION EQUIV. ToTAL FlUr�oFf vE�oc ELEVATIONS
INCR. TOTAL INTEN- INC�. RUNOFF CAPA-
INCR. EQUIV. RUNOFF SI.OPE [)IA VELOC. / �n IENGTII
AIN.TO MN. T1ME 71ME SITY AREA COEFF. CITY
AREA AREA CAPAC. OrOi
�R T Tt I A C CA ECA q S d U Vi O�qi y C UPPER LOWEFI
ST.TO ST.
minutes minutes In/hr. 6ae� ooeft. ectes acres ds yo Incties ds s ieUo �f s lool
u�ST
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$ �ITY �F TI�ARD _ �.x �.. frr ;:
PRE-APPLICATION C�NFERENCE NOTES ��D����
[Pre-Application Meeting Notes are Valid for S�c[6)Monthsl S�pi,������°�,��
NON-RESIDENTIAL
PRE•APP.MTG.DATE: s
STAFF AT PRE-APP.: INI.C�LPr IQ IP�
APPLICANT: t3 V`a�wt c� � re ltita vta�+�ta �S�I�Q u., A6ENT: Sa c,� /¢���;`�vtv�
Phone:[ l Phone: [ l
PROPERTY LOCATION:
ADDRESS/GEN.LOCATION: 1 1 S l s c.t� l�/a l I �a a�Lv
TAI�MAP(Sl/LOT#[Sl: `— �o s /
NECESSARY APPLICATION[Sl: �o���`o�d f 'Ll 5� ��e✓vu I�" �-cc.Q S s
�/4.v�a ul�- �
PROPOSALDESCRIPTION: 1�u�I� a c ��vc� a�a� Lo�v�.� a �exi 1�
v� f �e � c
COMPREHENSIVE PLAN
MAP DESI6NATION: �o wt w��.�c I�� �VO�ssl��t� �-(P
ZONIN6 MAP DESIGNATION: �o���r�1a� � P-ess 1 �C d'
Se.e v1.��i�l�o
CJ.T.AREA: �as�` FACILITATOR: wtcc�� td
PHONE: [5031
ZONING DISTRICT DIMENSIONAL REQUIREMENTS
MINIMUM LOT SIZE:Zo,�sq. ft. Average lot width: 5o ft. Maximum building height: �'1 S ft.
Setbacks: Front 2� ft. Side 2� ft. Rear�_ft. Comer��ft. from street.
MAXIMUM SITE COVERAGE: �s5 % Mini�um landscaped or natural vegetation area: f5 %.
[Reter to Code Sect�on 18. i o i I r 0 d,�
+C's, 6V, o5p
ADDITIONAI LOT OIMENSIONAL RE REMENTS
MINIMUM LOT FRONTA E: 25 feet unless lot is created through the minor land partition process.
Lots created as part of a p 'tion must have a minimum of 15 feet of frontage or have a minimum 15-
foot wide access easement.
The DEPTH OF ALL LOTS NOT EXCEED 2� TIMES THE AVERAGE WIDTH, unless the
parcel is less than 1�times the min um lot size of the applicable zoning district.
[Refer to Code Secdon 18.164.060-Lo
CRY OF nGARO Pre-Appqcatlon Comeronce Notes Pape 1 tl 1�
r��•aa■nai�uie.n..�n.■■io�onn:ie.:•en..
� �
S�ECIAL SETBACKS
➢ STREETS: � ol feet from th�e centerline of
➢ ESTABLISHED AREAS: �jr�-- feet from �t
➢ LOWER INTENSITY ZONES: �J�i feet, along the site's �f4 boundary.
➢ FLAG LOT: 10-FOOT SI DE YARD SETBACK.�a��.per��a�I �oy � u� �7`a��-r'
[Refer to Code Secdon and 18.961 (
SPECIAL BUILDIN6 NE16NT PROYISIONS
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 (�h) of the building's height; and
➢ The structure will not abut a residential zoned district.
tRefer to Code Sectlon 18.98.0201
PARKING AND ACCESS �-�o��:�Y ��.-�
REQUIRED parking for this type of use: �a .ao� a� 5 v
,
Parking SHOWN on preliminary plan(s): � .,
1 SECONDARY USE REQUIRED parking: rt e�s�e�,•,� „ �
� Parking SHOWN on preliminary plan(s):
NO MORE THAN 40% of required spaces may be designated and/or dimensioned as compact
I spaces.
I� PARKING STALLS shall be dimensioned as follows:
I ➢ Standard parking space dimensions: 8 feet, 8 inches x 18 feet.
� ➢ Compact parking space dimensions: 8 feet x 15 feet.
,I
Note: Parking space width inctudes the width of a stripe that
separates the parking space from an adjoining space.
Note: A maximum of three(3)feet of the vehicle ovefiang area in front of a wheel stop or curb can
be included as paR of required parking space depth. This area cannot be included as
landscaping for meeting the minimum perce�tage requirements.
[Refer to Code Sectlon 18.106.0201
Handicapped Parking:
➢ All parking areas shall PROVIDE APPROPRIATELY LOCATED AND DIMENSIONED
DISABLED PERSON PARKING spaces. The minimum number of disabled person parking
spaces to be provided, as well as the parking stall dimensions, are mandated by the Americans
� with Disabilities Act (ADA). A handout is available upon request. A handicapped parking space
� symbol shall be painted on the parking space surface and an appropriate sign shall be posted.
� ➢ BICYCLE RACKS ARE REQUIRED FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL
DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and
in convenient locations. Bicycle parking spaces shall be provided on the basis of one space for
every fifteen (15) required vehicular parking spaces.
1 Minimum number of accesses:�Z Minimum access width: 2 a� 3G � '
1 Minimum pavement width: `�- a� �-`l ' '1� S�-eFo�cass vav�aw�c�
� All driveways and parking areas, except for some fleet storage parking areas, must be paved.
' Drive-in use queuing areas: �
��effl[to Code Sectlon 18J06 and 18.1 8l _ _�-
CRY OF TI6ARD Pro-Appllcatlop CoNeronce Motes Pape 2 a 1�
N�Ma��t���tl�l��Ile�tluRl�utq�Msl��Satln
� ,
�,- _---
--------
WALKW�Y REQUIREMENTS
WALKWAYS SHALL EXTEND FROM THE GROUND FLOOR ENTRANCES OR FROM THE
GROUND FLOOR LANDING OF STAIRS, ramps, or elevators of all commercial, institutional, and
industrial uses, to the streets which provide the required access and egress. Walkways shall provide .
� convenient connections between buildings in multi-building commercial, institutional, and industrial
complexes. Unless impractical, walkways should be constructed between a new development and
neighboring developments. -
[Referto Coda Secdon 18.108.0501 ___--_
�---------- — _ � —----- ----
LOMING AREA REQ NTS
Every COMME CIAL OR INDUSTRIAL BUILDING IN EXCESS OF 10,000 S�UARE FEET shall be
provided with a ' g space. The space size and location shall be as approved by the City
Engineer.
[Refer to Code Se on 18.106.070-0901
- _ ------- ---
CLEAR VISI�IfAR - ---
' The City requires that CLEAR VISION AREAS BE MAINTAINED BETWEEN THREE AND EIGHT
FEET IN HEIGHT at road/driveway, road/railroad, and road/road intersections. The size of the
required clear vision area depends upon the abutting street's functional classification.
[Refer to Code Secdon 18J021
BUFFERIN6 AND SCREENIN6
In order TO INCREASE PRIVACY AND TO EITHER REDUCE OR ELIMINATE ADVERSE NOISE
OR VISUAL IMPACTS between adjacent developments, especially between different land uses, the
City requires landscaped buffer areas along certain site perimeters. Required buffer areas are
described by the Code in terms of width. Buffer areas must be occupied by a mixture of deciduous
and evergreen trees and shrubs and must also achieve a balance between vertical and horizontal
plantings. Site obscuring screens or fences may also be required; these are often advisable even if
not required by the Code. The required buffer areas may o� be occupied by vegetation, fences,
utilities, and walkways. Additional information on required buffer area materials and sizes may be
found in the Development Code.
[Refer to Code Chapter 18.1001
The REQUIRED BUFFER WIDTHS which are applicable to vour proposal area are as follows:
�? feet along north boundary. ti /o feet along east boundary.
feet along south boundary. feet along west boundary.
IN ADDITION, SIGHT OBSCURING SCREENING IS REQUIRED ALONG:
LANDSCAPIN6 --�'� - -- -- �
--
STREET TREES ARE REQUIRED FOR ALL DEVELOPMENTS FRONTING ON A PUBLIC OR
' PRIVATE STREET as well as driveways which are more than 100 feet in length. Street trees must
i 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.
[Reter to Code Cdaptera 18.100,18.106 and 18.1081
CRY OFTI6ARD Pro-AppUcatlw Coa(eronce Notes Pape 3 N11
r�r-�•a�.■aa�y�uc.n•.rna..i■��M�..a•on..
SIGNS
SIGN PERMITS MUS BE OBTAINED PRIOR TO INSTALLATION OF ANY SIGN in the City of
Tigard. A "Guidelines Sign Permits" handout is available upon request. Additional sign area or
height beyond Code stan ards may be permitted if the sign proposal is reviewed as part of a
development review appli ation. Altematively, a Sign Code Exception application may be filed for
review before the Hearings icer.
[Reter to Code Secdon 1 1141
SENS S
The Co provides REGULATIONS FOR LANDS WHICH ARE POTENTIALLY UNSUITABLE FOR
DEVELO MENT DUE TO AREAS WITHIN THE 100-YEAR FLOODPLAIN, NATURAL
DRAINA EWAYS, WETLAND AREAS, ON SLOPES IN EXCESS OF 25 PERCENT, OR ON
UNSTA E GROUND. Staff will attempt to preliminary identify sensitive lands areas at the pre-
application co ference based on available information. HOWEVER, the responsibilitv to preciselv
identif sensiti lands areas and their boundaries is the res onsibili of the a licant. Areas
meetin the de i ' ions of sensitive lands must be clearl indicated on lans submitted with the
develo ment a li tion.
Chapter 18.84 also rovides regulations for the use, protection, or modification of sensitive lands
areas. RESIDENTIAL VELOPMENT IS PROHIBITED WITHIN FLOODPLAINS.
[Refer to Code Sectl 18.841
STEEP
When TEEP SLOPES exist, prior to issuance of a final order, a geotechnical report must be
submitted 'ch addresses the approval standards of the Tigard Community Development Code
Section 18.84. .B. The report shall be based upon field exploration and investigation and shall
include specific r mmendations for achieving the requirements of 18.84.040.B.2 and
18.84.040.8.3.
UNIFIEO SEINERAGE AGENCY NSAI BUf�ER STANDAR R g 0 96-44
LAND DEVELOPMENT ADJACENT TO S NSITIVE AREAS shall preserve and maintain or create a
vegetated corridor for a buffer wide enou h to protect the water quality functioning of the sensitive
area.
DesiQn Criteria:
The VEGETATED CORRIDOR SHALL BE A M IMUM OF 25-FEET-WIDE, measured horizontally,
from the defined boundaries of the sensitive area except where approval has been granted by the
Agency or City to reduce the width of a portion of th corridor. If approval is granted by the Agency or
City to reduce the width of a portion of the vegetate corridor, then the surface water in this area shall
be directed to an area of the vegetated corridor t t is a minimum of 25 feet wide. The maximum
allowable encroachment shall be 15 feet, except allowed in Section 3.11.4. No more than 25
percent of the length of the vegetated corridor within t e development or project site can be less than
25 feet in width. In any case, the average width of th vegetated corridor shall be a minimum of 25
feet.
Restrictions in the Veqetate Corridor:
NO structures, development, construction activities, ardens, lawns, application of chemicals,
dumping of any materials of any kind, or other activities hall be permitted which otherwise detract
from the water quality protection provided by the vegetated c idor, except as allowed below:
➢ A GRAVEL WALKWAY OR BIKE PATH, NOT EXCEEDIN 8 FEET IN WIDTH. If the walkway
or bike path is paved, then the vegetated corridor must be wi ened by the width to the path. A
paved or gravel walkway or bike path may not be construc d closer than 10 feet from the
boundary of the sensitive area, unless approved by the Agen or City. Walkways and bike
paths shall be constructed so as to minimize disturbance to existin�vegetation; and
�
CRY OF T16AR0 Pn-AppOcatloq CoNeronce Netes Pape 4 N 1�
N�IF#�sl���tl�l YrllatlaRlu�lq/M:In E�etln
, �
� ➢ WATER QUALITY F, �LITIES may ncroach into the vege�. .d corridor a maximum of 10 feet
with the approval of the Agency or Ci .
Location of Veqetated Corridor:
IN ANY RESIDENTIAL DEVELOPMENT WHIC CREATES MULTIPLE PARCELS or lots intended
for separate ownership, such as a subdivision, the etated corridor shall be contained in a separate
tract, and shall not be a part of any parcel to be used f r the construction of a dwelling unit.
[Reier to R a 0 96-44/USA Regulatlons-Chapter 3,De tor SWMI
WATER RESOURCES OVERIAY ICT
The WATER RESOU S (WR) OVERLAY DISTRICT implements the policies of the Tigard
Comprehensive Plan and 's intended to resolve conflicts between development and conservation
of significant wetlands, s reams and riparian corridors identified in the City of Tigard Local
Wetlands Inventory. Spec' ically, this chapter allows reasonable economic use of property while
establishing clear and o jective standards to: protect significant wetlands and streams; limit
development in designate riparian corridors; maintain and enhance water quality; maximize flood
storage capacity; preserv native plant cover; minimize streambank erosion; maintain and enhance
fish and wildlife habita ; and conserve scenic, recreational and educational values of water
resource areas.
Safe Harbor:
The WR OVERLAY DIS ICT ALSO MEETS THE RE�UIREMENTS OF STATEWIDE PLANNING
GOAL 5 (Natural Resources nd the "safe harbo�' provisions of the Goal 5 administrative rule (OAR
660, Division 23). These pro ' ions require that "significant" wetlands and riparian corridors be
mapped and protected. The Tua tin River, which is also a �fish-bearing stream," has an average
annual flow of more than 1000 cfs.
Maior Streams:
Streams which are mapped as "FISH- EARING STREAMS" by the Oregon Department of Forestry
and have an average annual flow less t an 1000 cubic feet per second (cfs).
➢ Major streams in Tigard includ FANNO CREEK, ASH CREEK (EXCEPT THE NORTH
FORK AND OTHER TRIBUTARY REEKS� AND BALL CREEK.
Minor Streams:
Streams which are NOT "FISH-BEARING S EAMS" according to �regon Department of Forestry
maps . Minor streams in Tigard include Sum er Creek, Derry Dell Creek, Red Rock Creek, North
Fork of Ash Creek and certain short tributaries o he Tualatin River.
Riparian Setback Area:
This AREA IS MEASURED HORIZONTALLY FR AND PARALLEL TO MAJOR STREAM OR �
TUALATIN RIVER TOP-OF-BANKS, OR THE EDGE AN ASS�CIATED WETLAND, whichever
is greater. The riparian setback is the same as the " iparian corridor boundar�' in OAR 660-23-
090(1)(d).
➢ The standard TUALATIN RIVER RIPARIAN ETBACK IS 75 FEET, unless modified in
accordance with this chapter.
➢ The MAJOR STREAMS RIPARIAN SETBACK I 50 FEET, unless modified in accordance
with this chapter.
➢ ISOLATED WETLANDS AND MINOR STREAM (including adjacent wetlands) have no
riparian setback; however, a 25-foot "water quality bu e�' is required under Unified Sewerage
Agency (USA) standards adopted and administered by e City of Tigard.
[Refer to Code Secdon 18.85.0101
Cti1f OF T16ARD Pre-Appqcatloa Centeronce Notes Pag�5 d 10
N�N���I���tlal p�lle�tl�drl�ule�iMsln S�etln
, �
Riparian Setback Reductlon
The DIRECTOR MAY A PROVE A SITE-SPECIFIC REDUCTION OF THE TUALATIN RIVER OR
ANY MAJOR STREAM IPARIAN SETBACK BY AS MUCH AS 50% to allow the placement of
structures or impervious surfaces otherwise prohibited by this chapter, provided that equal or better
protection for identified ajor stream resources is ensured through streambank restoration and/or
enhancement of riparian vegetation in preserved portions of the riparian setback area.
Eli ibili for Ri arian Setback in isturbed Areas.
TO BE ELIGIBLE FOR A RIPA IAN SETBACK REDUCTION, the applicant must demonstrate that
the riparian corridor was subs antially disturbed at the time this regulation was adopted. This
determination must be based on the Vegetation Study required by Section 18.85.050.0 that
demonstrates all of the followin :
➢ Native plant species curre cover less than 80%of the on-site riparian corridor area;
> The tree canopy currently overs less than 50% of the on-site riparian corridor and healthy
trees have not been remov d from the on-site riparian setback area for the last five years;
➢ That vegetation was not re oved contrary to the provisions of Section 18.85.050 regulating
removal of native plant speci s;
➢ That there will be no infringem t into the 100-year floodplain; and
➢ The average slope of the riparia area is not greater than 20%.
[Refer to Code Secdon 18.85.1001
TREE REMOVAL PLAN REQUIREMENTS
A TREE PAN 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, major 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 18.150.070.D. according
to the following standards:
b 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;
b 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 18.150.070.D;
b 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 18.150.070.D;
a Retainage of 75% or greater of existing trees over 12 inches in caliper requires no
mitigation;
� Identification of all trees which are proposed to be removed; and
➢ A protection program defining standards and methods that will be used by the applicant to
protect trees during and after construction.
TREES REMOVED WITHIN THE PERIOD OF ONE (1) YEAR PRIOR TO A DEVELOPMENT
APPLICATION LISTED ABOVE will be inventoried as part of the tree plan above and will be replaced
according to Section 18.150.070.D.
[Refer to Code Sectlon 18.150.025)
CRY OF T16ABD Pro-AppOcatlon Ceaferonce Metes �aoe B N 11
r��•�r•■na iwue.o..rn.■■i■���w�.■s.en..
� �
� ,
MmsnnoN
REPLACEMENT OF A TREE shall take place according to the following guidelines:
➢ A replacement tree shall be a substantially similar species considering site characteristics.
➢ If a replacement tree of the species of the tree removed or damages is not reasonably
available, the Director may allow replacement with a different species of equivalent natural
resource value.
➢ 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.
[Refer to Cada Secdon 18.150.070 tDl
NARRATIVE
The APPLICANT SHALL SUBMIT A NARRATIVE which provides findings based on the applicable �
approval standards. Failure to provide a narrative or adequately address criteria would be reason to
�� consider an application incomplete and delay review of the proposal.
' [R�fer to Code Sectlon 18.321
1 vi�s.3�Z �i(S.6y�p
, CODE SECTIONS -- ste�����5
�' _ 18.80 _ 18.92 ?�.102 _ 18.116 _ 18.150
18.84 18.96 �✓fS.106 18 120 18.160
18.85 1�8. 8 �108,�«Q�'� �130�f,�� 1 .162
�i _ 18.88 ✓r8.100 _ 18.114 v���w�_ 18.134 �.164
I
�'IMPACT STUDY
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
i evidence which supports the concfusion that the real property dedication requirement is not
roughly proportional to the projected impacts of the development.
� [Refer to Code Chapier 18.32,Sectlon.0501
� _ _�__ --
CITy Of T16ARD Pro-Apppc�tlea Coateronce Notes Pspe]ot 1�
Me�•��..na w�uem..rn�..�■��w�:�•.a�en•■
.
� ,
1
WHEN A CONDITION OF APPROVAL REQUIRES TRANSFER TO THE PUBLIC OF AN I
INTEREST IN REAL PROPERTY, the approval authority shall adopt findings which support the �i
conclusion that the interest in real property to be transferred is roughly proportional to the impact the J
proposed development will have on the public. /
[Refer to Code Chapier 18.32.Sectlon.2501 __ _ -
NEI6NBORHOOD MEETING
THE APPLICANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 250 FEET AND THE
APPROPRIATE CIT FACILITATOR AND THE MEMBERS OF ANY LAND USE
SUBCOMMITfEE(S) of their proposal. A minimum of 2 weeks between the mailing date and the
meeting date is required. Please review the Land Use Notification handout conceming site posting
and the meeting notice. Meetinq is to be held prior to submittinq vour application or the application
will not be accepted.
[Refer to ihe Neigh6ordood Meetlng Nandoutl
SUBDIVISION PLAT NAME RESERVATIO
PRIOR TO SUBMITTING SUBDIVISION LAND USE APPLICATION with the City of Tigard,
applicant's are re uired to co lete and file a subdivision plat naming request with the Washington
County Surveyor's Office in der to obtain approvaVreservation for any subdivision name.
Applications will not be accepte complete until the City receives the faxed confirmation of
approval from the County of the Subdiv ion Name Reservation.
[County SurueYors Office: 503-648-8
--- --
B IU�LDIN6 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 madifications to existing buildings, it is
I recommended to contact a Building Division Plans Examiner to determine if there are
building code isswes that would prevent the structure from being constructed, as proposed.
i 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 Citv's policv is to applv those svstem
development credits to the first buildinq permit issued in the development (UNLESS OTHERWISE
DIRECTED BY THE DEVELOPER AT THE T1ME IN WHICH THE DEMOLITION PERMIT I
OBTAINED.)
RECrcuNs
Applicant should CONTACT FRANCHISE HAULER FOR REVIEW AND APPROVAL OF SITE
SERVICING COMPATIBILITY with Pride Disposal's vehicles. CONTACT PERSON: Lenny Hing
with Pride Disposal at (503) 625-6177.
[Refer to Code Sectlon 18.1161
CIT1f OF T16ARD Prs-Appncatl�o Ceeferoace Notes hpe!W 1�
N�N-t.sU..n�14�natlnRl.■ah�url�l..s.en..
�
ADDITIONAL CONCERNS OR COMMEA._.
�— s� ' w�`�
1 v rf' � e r
PROCEDURE
�dministrative Staff Review.
ublic hearing before the Land Use Hearings Officer.
Public hearing before the Planning Commission.
Public hearing before the Planning Commission with the Commission making a
recommendation on the proposal to the City Council. An additional public hearing shall be
held by the City Council.
APPIICATIOH SUBMITTAL PROCESS
All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the
Community Development Department at Tigard City Hall offices. PLEASE NOTE: Applications
submitted bV mail or dropped off at the counter without Planninq Division acceptance may be
returned. Applications will NOT be accepted after 3:00 P.M. on Fridavs or 4:30 on other week
davs•
Maps submitted with an application shall be folded IN ADVANCE to 8.5 bv 11 inches. One (1),
8�h" x 11"_map of a proposed prolect should be submitted for attachment to the staff report or
administrative decision. Application with unfolded maps shall not be accepted.
The Planning Division and Engineering Division will perform a preliminary review of the application
and will determine whether an application is complete within 30 days of the counter submittal. Staff
will notify the applicant if additional information or additional copies of the submitted materials are
required.
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
10-20 day public appeal period follows all land use decisions. An appeal on this matter would be
heard by the Tigard � �o� �aN�c1 I . A basic flow chart which illustrates the review
process is available from th Planning Division upon request.
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.
CRY OF T16ARD he-AppUc�tlw CeNeroace Netes P�pe 9�t 1�
N�IH�sl���tld y/Ilatln/f1aW/�Mtl��S�Ctla
PLEASE NOTE: The conference and notes cannot coyer all Coda requirements and aspects of
goad aRa planning that shouid apply to tha deuelopme� of your site plan. Failure of the statf to
pro�ida i�ormatlon required by the Code ahali not cona�ute a waiuer of tha appllcable standards or
requir�me�a. R is recommended that a prospecdve applicam either obtain and read ihe Community
DeVelopmertt Code or ask am�quesdons of City statf relatl�e to Code requirements prlor to submit�ng
an applicatlon.
AN ADDITIONAL PRE-APPLICATION FEE AND CONFERENCE WILL BE RE�UIRED 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).
PREPAREO BY: G������° �����°uo�
CITY OF T16ARD PLANNIN6 DMSION - STAFF PERSOM NOLDIN6 PRE-APP.MEETIN6
PHONE [5031639,4171
FNL• [5031684-1297
E-MAIL• (staf f-3 f�rst name 1�Ci.tlgerd.or.us
kunav.mn.uc.nw.�n�..0
(F��lu�Mn S�etl����wRumq-e.���)
OWqt 2i�lri-9�
CRY OF T16ARD Pre-App�atl�n Ceoferoace Notes Page 10 et 1�
M�IH�sI/�ttl�l Aplltatl�UM�utq�Mtln futln
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n
PRE-APPLICATION CONFERENCE NOTES � �
� .
��
� •- ENGINEERIN� SECTION `� CltyofTigardi0regon
� i�r� r_twiitq_�-� ,��,:�r.:
; �haputq�Betfer('cmtrntuiirr;
�... - _
�S� �SD,�
PUBLIC FACILITIES
TF�e E���r� _ .�_: :�t the pre-application conferenca is to � ��°� / �&�
(1 .) I�i�nhfy applicable Comprehensive Plan policies anr.l ;rriinance provisions.
(2.) T�, provide City staff an opportunity t� cornment on sF���cific; concerns.
(3.1 � � ���view the l_and Use Application review process U; rh the applicant and
i�-ntify who the final decision making authority sha�' r��� ror the application.
Tne ��x'.r��•��: �_�* r;�cessary public improvements and dedicatio:,> ,�.'��ich shall be required of the applicnn�
will be r��c:�mrr,ended by City staff and subject to approval �� Tr�e appropriate authority. There �viil be
no final recommendation to the decision making authority or� behalf of the City staff until all cancerned
commer�ting agencies, City staff and the public have had an opportunity to review and comment on
the appl�r.a:�or�. The following comments are a �roiection af puh��c improvement related requirern���nts
that may he required as a condition of development approvai for your �roposed r�roject.
Riqfii-oT_��tia�dedication:
The City o� T�gard requires that land area be dedicated to tI�E pubiic.
(1 j Te �n;,rease abutting pubiic rights-of-way to the ultimate iunchonal street ciassification
�ig��t-ot-+r�ay width as specified by the C��mmunity D��.�-:!^r•rr��nt Code; or
(2.) For ih� creaticn of new streets.
Ap�r:;�: :' - ., �.;e��lopment application for th�� ;�tc �,n�ill requ���� � �:��t �,f-�.lvay dedication for:
( ) to reet fr�m centerline
i t0 '��' frOm �' rltPrlire.
( 1 to ���et from en me.
Street ;r�r���_�_�;�,,:�ments:
( j .__ street improveme�nts wili be necess ��; {�����c.� ___
�' � �
� � street imgrove ents wiil be � ,cessa ��i�>��g
- --- — / .
� � ----- --
) treet in provement on _ _ hali �nc� e ___ fee of pavement f� :��
centerli e, plus t installat� n of cur and gutte s. stor se�r�e s under ro d placemen± i
�rt�l�ty ires (a f may be c�ollected determine a�pro r�ata by the En me ing Departrner,��;
a f�ve- oot wid sidewalk ( idewal r7iay be req ired t� b2 wid �n a eriai or major coilectc�r
st�ee s, or i the Central usine s District), ne essa �� street s gns � nd tra fic control de�ne�as
str�;=tliqhts and a two ye r stre tlighting fee.
O Stre�t ir provements ont st��a'� ����.�!ude feet of pavement i��,���
c��nte ne, plus the inst Ilat� n of curb and gutters storrri sewers, underground placerr���r�! ��
CITY OF TIGARD Pre-ApplicaUon Confe�ence Notes `�- Page 1 of 5
Engfneering Oepartment SecUon
. .
� ' ' Jii�lt'y VI�C�ES �c� 4t:t� f �)t� i,Ui G''"tc._i � ic �i ��i��_ .1 .:'f�t,�:��,' � by t�l�J �fl'��i?c. . � L' (', � ',
, �_
� five-foot wide sidewaik (sidewaiks may be required to bc wid r on arterials or major collector
str� ts. or in the Central Business Districtl. necessary stree si s and traffic c�ntr�i ;1����;���<��.
street hts, and a two year streetlight�ng fee.
!� ) Se �on 18.164.120 of the Tigard Municipal Co e (TMC) req �res all overt�eacf .�t�,�ty
lines djacent to a development to be place �mderground or, t the elect�on ot the
develop r, a fee in-lieu of undergrounding c be paid. This requ� ement �s val�r_i even
if the utilit �nes are on the opposite side � the street from the site f the fee in-!�eu �s
proposed, it s equal to � ?l ;�0 per i� e�l �oo± of street frontage t at c;;��t ��-��, ���_�
overhead lines.
There are existing overhea utility I�n�s ich run ad�acent to this site along �W _
___ Prior to , the applicant shall either pl��� -� i'���_�:�;�:
utilities underground, or pay the e -iieu descnbed above.
in some cases, where street imprcvements or other necessary public ir�provements ar� ���ot c�,�.er„��
practical. the improvements may be deferred In such ca5es, a condition of development approval
may be specified which requires the property owner(s) to execute a non-remonstrance agre2ment
which �vaives the property owner's right to remonstrate against the formation of a locaf improverr,er�t
,iistr;ct The following street improvements rray be eligible for such an agreement.
( 1 .i SVJ �_ �vl..T�✓���------ -- ---- -
�� ' — -- ---
Ped strianways/bikeways
Sanitary Sewers:
�-r� � nearest sanitary sewer line to this property ,� air, � inch line wr�;;�� �,_;, 1.�� !
' - —
a�.. �v/� .--- — ---- Th � .-,�� ;�osed development must rF. �: ,�, ;�� ;r���_! �
� ,�:����,� ;��n�tary sewer. It is the cieveloper � ��_��,�:�,;����,�h�!,r�;� r�; _�v.r�-'C__��_��rnlbl "t�
P�-�--5�- • - ----- ----- ---
r,,z�•. ,r.,..�,� �a,sr,o�u..E� � l-�� P�- �.�c �s ►� �. P�i- �,t�..�— �-+�.sE.
�
�vVat�r Sup��ly:
The �A�.�i�.l �p�.���-( Water District - Phone�(503;_?_�_ ��S�I provides public water sEr�.�ic�: ."
the area of this site. The District should be cc�ntacted fcr mformation regarding water supply fo� ��.���
;�;rop�sed development.
,�r�1r �►.�.v.�� -� �,a� ��-- ��, Pn.�,�T �' A 3" Pl��. �atc� T� T�MA�.r
Src�. AS �- . '�,S ,.�°•.t uavF.. �.i ,sP�ov� �..� P�n•a,�sy �tr.
CITY DF TIGARD Pre-Appticatlon Conference Notes Page 2 of 5
Engineering Oepartmam Section
, • � ��GtE:CtlOfl�
; ,.:.:itin Valley Fire and Rescue District (Contact: Gene Birchill, (503) 526-2469) �rov��i��� ��re
protection services within the City of Tigard The District should be contacted for �nforrn�hon
regarding the adequacy of circulation systems. the need for fire hydrants, or other questions relate,i r-,>
fire protection.
Storm Sewer Improvements:
All proposed development within the City shail be designed such that storm water runoff �s c,_�r��-���;F���
to an approved public drainage system The applicant will be required to submit a proposed storn�
drainage plan for the site, and may be requ�red to prepare a sub-bas�n drainage analys�s to ensure
that the proposed system will accommodate runoff from upstream properties when fully developed A
doUrnstream analysis will also likely be necessary to determine if runoff from ti�e proposecl
de�.�etopment will cause adverse impacts to !he ex�s!ing stonn system downstream of the �ite
�_�►.�.� �v�-�.�sL(t�a� R ___ �..�i�_s-�`�'`^--- DQ-�n1�' P� F-�_J��-�%4•�p_
���°�— wrt++ �.�r.c t� � ��tta,.! .
Other Comments:
All proposed sanitary sewer and storrn drainage :,ystems shail be designed suc�. t��at ,;,�;
maintenance vehicles will have unobstructed access to critical manholes in tne systems Mair�tenanc.e
access roadways may be required if existing or proposed facilities are not othen�vise read�ly
accessible.
STORM WATER QUALITY
, � � ���ty `��as agreed �o enforce �urf��.�� �",_=ir��,, ".,1�i� t ,.�,, �n+. �,SWM) regulations esta� ��,�,�_�_� , • _
Unrtied Sewerage Agency (USA) (Resoluti�n and Order No. 91-47, as amended by R&O 91-�'S� wh�cr�
requires the construction of on-site water qual�ty facilities The facilities shali be designed to remove
65 percent of the phosphorus contained in 100 percent ot the storm water runoff generateci fr�m
newly created impervious surfaces The resolution contains a provision that would allow an applicant
to pay a fee in-lieu of constructing an or:-site fac�lity provided specific criteria are met The City �n,��ll
use discretion in determining whether or not the fee in-lieu will be offered. If ihe fee is a�iowed, it �,��II
be based upon the amount of new impervious surfaces created; for every 2,64O square feet, cr
�artion thereof, the fee shall be $21 U. Preliminary sizing calculations for any proposed w��ter qual�tv
` i�,i!ity shall be subrYiitted with the development appl�cation It is anticipated that this project �v�i,
�����;��iire_
� � Construction of an on-site water quality facifity.
� � Payment of the fee in-lieu.
CITY OF TIGARD Pre-Application Conference No[es Page 3 of 5
Engineering Oepartment Section
�
� T�Af�'��'�MPACT FEES
In 1990, Washinyton County adopted a county-wide Traffic Impact Fee (TIFj ordinance The Traffic
Irnpact Fee prograrr� collects fees frorn new development based on the development s pro�ected
impact upon the City's transportation system. The applicant shall be required to pay a fee t�asE�d upon
the number of trips which are projected to result from the proposed development The calculation of
the TIF is baseci on the proposed use of the land, the size of the project, and a general use based fee
category. The TIF_ �hall be calculated at the time of building perrr�it__issuance. In limited
circumstances, payment of the TIF inay be allowed to be deferred until the issuance of ar occupancy
permit. Deferral of the payment until occupancy is permissible only when the TIF > ��rE�aier tnan
��.000.00.
P,�-( �—E
PERMITS
En ineerinq Departrnent Permits.
Any work within a public right-of-way in the City of Tigard requires a p�rrnit frorr� t��� Fn�ineering
Uepartment. There are two types o` permits issued by Engineering, as toflows:
Street Open�ng Permit (SOPi. This permit covers relatively m�nor work in a p�_�b�ic r�ght-of-way
or easernent, such as sidewalk and driveway installation or repair, and service conr�ections to
ma!n utility lines. This work may involve open trench work within the street The permittee
must submit a plan or the proposed work for review and appro�✓al The cost ot this type of
permit �s calculated as 4°�0 of the cost of the work and is payable prior ±o issuance of the perm�t
in addition, the �ermittee will be required to post a bond or s�milar financial s����!�riiy for the
wo�k.
� Compiiance Ay�eement (CAPj. This permit covers more extens�ve v��ork such as �1�air� utility
I+ne ex!ensions. street impiovements, etc. In subdivisi�ns, this typ� ut perm�t also :�overs ail
grading and �rivaie utility work Plans prepared by a registered prof��s�ior�l �n�::��neer mu�t be
submitted for revi�4v and approval. The cost of this permit is also calcuiated as 4"�� •ai the cost
of the improvernents based on the design engineer's estirnate and is ;:ayab�e prior to
issuance of tt}e approved plan The permittee will also be required to post a ��eiformance
bond, or other such suitable security, and execute a Develope�;�Er�g�n�er Agreement �vhich will
obl�gate the design engineer to perform the primary inspectiori c;f tne pub;ic ;r�prcvement
construction �vork.
Prior to City acceptance of any permitted work. and prior to release �f work assur�nce b�nd(s).
the work �hali be dPemed compiete and satisfartory by the City ir. ,vritin��. Th� pe-in+t�ee is
respon�ible for `.he work until such time written City acceptance of the work is postec!
NOTE: if an Engineering Permit is required,the applicant must cbtain tha[
permit prior to release of any permits from the Building Diuision.
Buil�ingDiv_i_s_ion Pe��7i�ts
The following is a brief overview of the type of permits issued by the B,.��Iding Division For a more
detailed explanation of these permits. please contact the Development Serv�ces Courter ,�t
503-639-4171 ext 3Ga
CITY OF TIGARU Pre-Applicatlon Gonference Notes Page 4 of 5
Enylaeerfng Departmanr Sectlon
— �
� Site Improvement ,rmit (SIT). This permit is genE ,r issued for all new commercial,
industrial and multi-family projects. This permit will also be required for land partitions where lot
grading and private utility work is required. This permit covers all on-site preparation, grading
and utility work. Home builders will also be required to obtain a SIT permit for grading work in
cases where the lot they are working on has slopes in excess of 20% and foundation
excavation material is not to be hauled from the site.
Building Permit (BUP). This permit covers only the construction of the building and is issued
after, or concurrently with, the SIT permit.
Master Permit (MST). This permit is issued for all single and multi-family buildings. It covers all
work necessary for building construction, including sub-trades (excludes grading, etc.). This
permit can not be issued in a subdivision until the public improvements are substantially
complete and a mylar copy of the recorded plat has been retumed by the applicant to the City.
For a land partition, the applicant must obtain an Engineering Permit, if required, and retum a
mylar copy of the recorded plat to the City prior to issuance of this permit.
Other Permits. There are other special permits, such as mechanical, electrical and plumbing
that may also be required. Contact the Development Services Counter for more information.
GRADING PIAN REQUIREMENTS FOR SUBDIVISIONS
All subdivision projects shall require a proposed grading plan prepared by the design engineer. The
engineer will also be required to indicate which lots have natural slopes between 10% and 20%, as
well as lots that have natural slopes in excess of 20%. This information will be necessary in
determining if special grading inspections will be required when the lots develop. The design engineer
will also be required to shade all structural fill areas on the construction plans. In addition, each
homebuilder will be required to submit a specific site and floor plan for each lot. The site plan shall
include topographical contours and indicate the elevations of the comers of the lot. The builder shall
also indicate the proposed elevations at the four comers of the building.
"� �
PREPARED BY: � ' � � '—� ��
GINEERING DEPAR MENT STAFF
Phone: [5031639-4171
Fax: [5031684-T297
h:�patty�masters�preapp.eng
(Master section:preapp-r.mst)
18-Nov-97
CITY Of TIGARU Pre-Applicadon Conferenca No[es Page 5 of 5
Eo�la��rlo'lapartoeot S�etl�a
' 06.'03i98 11:�8 $503 88� i29i CITF OF TIG�IRD �018
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RECEIVED
AUG 1 � 1998
August 12, 1998 COP:"VIU!VITY DEVELOPPr":�NT
CiTY OF TIGARD
Tigard Planning Department
Attn: Mark Roberts
13125 SW Hall Blvd.
"1'igard Oregon, 97223
RE: Pre-Application Conference—Tax Lots 1400, 1800, 1S1, 35DA,
Brahma Bremananda Ashram, 11515 SW Hall Blvd., Tigard, OR 97223
Dear Mark,
Thanks for a pleasant meeting we recently had. I sincerely appreciate your helpful nature
and mannerism.
We request a pre-application conference to discuss a proposed addition to an existing house
and the construction of a new temple within the jurisdictional limits of the City of Tigard as
referenced above. The following items listed below address the proposed development:
• Applicant: Sam Adettiwar, MS, PE
1225 NW Munay Blvd. Suite 210
Portland, OR 97229
• Owner: Brahma Bremananda Ashram
11515 SW Hall Blvd
Tigard, OR 97223
• Engineer/Surveyor: VLMK Consulting Engineers and Lewis & Van Vleet
3933 SW Kelly Ave. Consulting Engineers
Portland, OR 97201-4393 15924 Quarry Rd.
Lake Oswego, OR 97035
• Two copies of a site plan have been enclosed and other pertinent information.
We look forward to receiving your call for appointment soon.
Sincerely,
am Adettiwar, MS, PE
.• , ,
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CITY pF TIGARD
COMMUNITY DEVELOPMENT DEPARTMENT
APPLICATION CHECKLIST
C1TY OF TIOARD
The items on the checklist below are required for the succesful compietion of your
application submission requirements. This checklist identifies what is required to
be submitted with your application. This sheet MUST be returned and submitted
with all other applicable materials at the time you submit your land use application.
See your application for further explanation of these items or call the City of Tigard
Planning Division at (503) 639-4171.
Staff: l�vl Date: 25 9�
APPIIG�TION & RELATED DOCUtiIENT(S) SUBMfTTAL REQUIREMENTS INCLUDE ,/MARKED ITEMS
A) Application fo�m (1 copy) m�
B) Owner's signaturelwritten authorization ��
C7 Title transfer instrumendor grant deed ��
D) Applicant's statement No. of Copies 2�
E) Filing Fee � � + G �5
SITE-SPECIFIC MAP{S)/p�N(5} SUBMITTAI REQUIREMENTS
INCLUDE ,/MARKED ITEMS
A) Site Informatio� shawin : No. of Copies �"
1. Vicinity map ��
2. Site size & dimensions �
3. Contour lines (2 ft at 0-10% or 5 ft for grades > 10°/0) �
4. Drainage patterns, courses, and ponds �
5. Locations of natural hazard areas including: o
(a) Floodplain areas �
(b) Slopes in excess of 25% �
(c) Unstable ground �
(d) Areas with high seasonal water table �''
(e) Areas with severe soil erosion potential o
(fl Areas having severely weak foundation soils �
6. Location of resource areas as shown on the Comprehensive
�V1ap Inventory including:
(a) Wildlife habitats °
(b) Wetlands °
7. Other site features: °
(a) Rock outcroppings o
(b) Trees with 6" + caliper measured 4 feet from ground leve! [��
8. Location of existing structures and their uses �/�
9. Location and type of on and off-site noise sources
10. Location of existing utilities and easements �/
1 1. Location of existing dedicated right-of-ways o/
UVp U5�,�pp��GiTION/LIST
P�Cc 1 Of 5
• . ,
B) Site Oevelo ment � �an Indicatin : No, of Copies �
1. The proposed site and surrounding properties �/
2. Contour line intervals �
3. The locatio�, dimensions and names of all:
(a) Existing & platted streets & other public ways and
easements on the site and on adjoining properties m�
(b) Proposed streets or other public ways & easements
on the site
(c) Alternative routes of dead end or proposed streets �
that require future extension �
4. The location and dimension of:
(a) Entrances and exits on the site ��
{b) Parking and circulation a�eas �
(c) Loading and services area e�
(d) Pedestrian and bicycie circulation ��
(e) Outdoor common areas �
(� Above ground utilities �
5. The location, dimensions & setback distances of all:
(a) Existing permanent structures, improvements, utilities, and
easements which are located on the site and on adjacent /
property within 25 feet of the site �y%
(b) Proposed structures, improvements, utilities and easements
on the site �
6. Storm drainage facilities and analysis of downstream conditions �
7. Sanitary sewer facilities �
8. The location areas to be landscaped �
9. The location and type of outdoor lighting considering crime
prevention techniques �
10. The location of mailboxes �
11. The location of afl structures and their orientation �
12. Existing or proposed sewer reimbursement agreements �g�
C� Grading Plan Indicatin�: No. of Copies �� )
The site development plan shall include a grading plan at the same scale
as the site analysis drawings and shall co�tain the following information:
1. The location and extent to which grading will take place indicating:
(a) General contour lines m�
(b) Slope ratios �
{c) Soil stabilization proposal(s) ��
(d) Approximate time of year for the p�oposed site development �
2. A statement from a registered engineer supported by data factual
substantiating:
(a) Subsurface exploration and geotechnical engineering report ❑
(b) The validity of sanitary sewer and storm drainage service proposals � ~
(c) That all problems will be mitigated and how they will be mitigated �
L�Np USE APPLIGTION/LIST
PnGE 2 OF S
., , ,
D) Architectural Dra ;s I�dicatin�: No. of Copies �
- The site development plan proposal shail include:
til
1. Floor plans indicating the square footage of all structures '`�
proposed for use on-site ��
2. Typical elevation d�awings of each structure
E} Landscape Plan Indicatin�: No. of Copies 2-Q
The landscape plan shall be drawn at the same scale of the site '
analysis plan or a larger scale if necessary and shall indicate:
1. Description of the irrigation system where applicable �/�
2. Location and height of fences, buffers and screenings �g�
3. Location of terraces, decks, shelters, play areas, and common open spaces ❑ /
4. Location, type, siZe and species of existing and proposed plant materials eY
S. Landscape narrative which also addresses:
(a) Soil conditions ��
(b) Erosion control measures that will be used o�
� Si�n Drawin�s:
Sign drawings shall be submitted in accordance with Chapter 18.114 �
of the Code as part of the Site Development Review or prior to obtaining
a Building Permit to construct a sign.
G) Traffic Generation Estimate: �
H) Prelimina Partition/Lot Li e Ad'ustment Ma Indicatin : No. of Copies
1. The owner of the subje arce! �
2. The owner's authorized a ent �
3. The map scale (20,50,100 or 200 feeta 1) inch north arrow and date ❑
4. Description of parcel loca ion and boundaries �
S. Location, width and name f streets, easements and other public
ways within and adjacent to e parcel �
6. Location of all permanent b ildings on and within 25 feet of all
property lines �
7. Location and width of all w er courses �
8. Location of any trees within 6' or greater caliper at 4 feet above
ground level o
9. All slopes greater than 25% o
l0. Location of existing utilities an utility easements o
1 1. For major land partition which creates a public street:
(a) The proposed right-of-way location and width o
(b) A scaled cross-section of t e proposed street plus any reserve strip o
12. Any applicable deed restrictions � �
13. Evidence that land partition will n t preclude efficient future land
division where applicable o
UNO USE APPLIGTION��IST
PnGE 3 Of ;
� '' ' I) Subdivision Preli�r P1at a and Data indicatin : No. of Copies
1. Scale equaling 30,50,1 0 or 200 feet to the inch and limited to one
phase per sheet ❑
2. The proposed name f the subdivision o
3. Vicinity map showin property's relationship to arterial and
collector streets ❑
4. Names, addresses and lephone numbers of the owner, developer,
engineer, surveyer and esigner (as applicable) ❑
S. Date of application o
6. 6oundary lines of trac to be subdivided ❑
7. Names of adjacent s division or names of recorded owners of
adjoining parcels of n-subdivided land ❑
8. Contour lines relate to a City-established benchmark at 2-foot intervals
fo� 0-10% grades gre r than 10°Jo ❑
9. The purpose, location, pe and size of all the following (within and.
adjacent to the p�opos d subdivision):
(a) Public and priv te right-of-ways and easements ❑
(b) Public and pri te sanitary and storm sewer lines o
(c) Domestic water m 'ns including fire hydrants ❑
(d) Major power telep ne transmission lines (50,000 volts or greater) ❑
(e) Watercourses % o
(� Deed reservations f�r parks, open spaces, pathways and other
land encumbrances ❑
10. .�pp�oximate plan and prof' es of proposed sanitary and storm sewers �
with grades and pipe size indicated on the plans ❑
1 1 . Plan of the proposed wat distribution system, showing pipe sizes and
the location of valves and e hydrants o
12. Approximate centerline prof' es showing the finished grade of all streets
including street extensions f r a reasonable distance beyond the limits of
the proposed subdivision ❑
13. Scaled cross sections of propos street right-of-way{s) ❑
14. The location of all areas subjed o inundation or storm water overflow a
15. Location, width & direction of ow of all water courses & drainage-ways ❑
16. The proposed lot configuration , approximate lot dimensions and
lot numbers. Where lots are to used for purposes other than
residential, it shall be indicated u n such lots. ❑
17. The location of all trees with a diameter 6 inches or greater measured at
4 feet above ground level, and th� location of proposed tree plantings ❑
18. The existing uses of the property, including the location of all structures
and the present uses of the structu'res, and a statement of which structures
are to remain after platting ❑
19. Supplemental information including;
(a) Proposed deed restrictions (if a' y) ❑
(b) Proof of property ownership o
(c) A proposed plan fo� provision of ubdivision improvements a
20. Existing natural features including rock outc ppings, wetlands & marsh areas ❑
21 . If any of the foregoing information cann practicably be shown on the
preliminary plat, it shall be incorporated i to a narrative and submitted
with the application ❑
1,�N0 USE APPLIG710N/LIST PAGE�OF S
.. ,' ,
�
J) Solar Access Caiculat s: o
K) Other Info�matio� No. of Copies ❑
h:Vogi��pattylmastersU{icl ist.mst
N�v 23,1995
LANO USE APPLIC,�TION J LI57 PnGE i OF 5
� Ot3/02/98 11:37 $503 68-� 7.',9i CITF OF TIG:�RD I�oo3
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SECTION I, APPL1CATiON SUMMARY
CASES: FILE NAME: HAIL PARK OFFICE CENTER
Sits Developme�rt Review SDR 97-0014
Variance VAR 97-0018
PROPOSAL: The appticant has requested Site Development Review approval to
develop a finro story, 32,735 square foot office buifding and related site
improvements.
APPLlCANT: Mr. Mike Nedelisky OWNER: Brahma Premanada
25 82nd Drive, Suite 102 115T5 SW Hatl Bouievard
Gladstone, OR 97207 Tigard, OR 97223
OVYNER: Mr. Mke Nedelisscy
25 82nd Drive, Surte 102
COMPREHENSIVE ��MP� � Gladstone, OF3 97207
PLAN
DESIGNATlON: Commercia! Pr�ofessional; C-P.
ZONING
DESIGNATION: ProfessionaUAdministrative �ffice, Commereial District; C-P.
The purpose ot the C-P Zoning District is to provide for groups of
businesse5 and offices in centers. Permitted uses include:
Professional and Administrative services, Public agency
administrative services, Cultural exhibits and library senrices, Public
support facilities, Lodges, fratemal and civic assembiy, Postal
services, Animal sales and services, 8usiness equipment sales and
services, Communication services. Children's day care; Medicaf and
denta.l services, Research services, and Financial, insurance, and real
estaie services, among others.
LaCAT]ON: 11481 SW Hall Boulevard; WCTM 1S135DA, Tax Lots 01400. 01800,
�3500 and 0350i. The suhject property is located west of SW Hall
Boulevard, south of the 217 Freeway, north and west of the existing
Kindercare Day Care Ce�er_
APPLICABLE
RE1IlEW
CFiITER1A: Communiiy Development Code Chapters 18.32, 18.64, 18.100, 18.102,
18.106..1 S.l 08, '18.114, 18.116, 18.120, 18.150 and 18.164.
SECTION !1. DECISION
Notice is-hereby given that the Cjiy-of Tigard.Community. Developmec►t.Directo�s designee -
._ . .y. - �, »:-==-: ' -=-"--:..;: `=`•=�.-.;�-.��l�:;`:,:.�wY-='=�;:�.,,: -_
_ .'�-�,�` has;l�.PR01fE�:tfi�:atioVe �eques�su6ject to certain:cocKi�ions:of�app�ovai:;��:�-=. -
Jy ^. . . . : •� - �:_ _ " . . +�0.-•. _ __�;— _ �_ , _
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� :Thefindmgs:and-conciusions-.on�rttich tfie dec�sron-�based_arie_noted�in�Section�IV.' -
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_-,_ _ _ ��.
NOTICE OF DEC�.SION -- SOR 91-0C14NAR 9'7-0016-HALL PARK OPFIGE CEtdTFA PAGE 1 OF 1a
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CITY OF TIGARD PLANNING DIVlS14N -�
..��� _ �.___�_��__ __
c�-P ���� a�r
City of Tigard
Washington County, Oregon
Voluntary Compliance Agreement
July 13, 2005
To: Representative of Brahmapremananda
11515 SW Hall Blvd.
Tigard, OR 97223
Re: Land Use Violation, damage to protected trees.
As the responsible parties for property described as 1 S135DA, Tax Lot 01400
(11515 SW Hall Blvd.), I agree to the following condition:
Resolve the continuing land use violation by the following actions:
a. Provide arborist report regarding the health and stability of all trees greater
than 12-inches.
b. Pay civil penalty of $500.00 for each tree greater than 12-inches in
diameter that has been damaged by construction activities.
c. Pay civil penalty representing the estimated value of damaged trees over
12-inches in diameter, as determined using the most current International
Society of Arboriculture's Guide for Plant Appraisal.
d. Provide mitigation plan and timeline for 100 percent of the inches
damaged by construction activities.
We understand that the City will withhold further action until August 13, 2005.
Upon compliance of the above condition, this case will be closed. We further
understand if these conditions are not complied with fully in the timeframe
provided, we will be cited with a court Summons and Complaint.
Signed: �' ���f��� Date: l'��-v`.�
� ,
Signed: � � >> � ,v��G% - .�-- Date: ��:. _�-���- �S-
Note: Please sign af►d return copy of this agreement within five days from
the date of receipt of this document, otherwise this document is
terminated and a Summons and Complaint will be issued.
' Jul 19 OS 11 : 53p Jason Mes�er 503. 281 . 3206 p. 2
. <
� Ari��rist lettei'rC�ort
Submitted to:
Brahma Premar�da Ashram
11515 5W Hall Blvd
Tigard, OR 47223
Submitted by: Jason Messer
ISA Certifiod Arborist#PN-5582A
Date of ir_spection: July 14`�2005
Purpose of report:Provide Tree inventory data regarding the health and stability
of al!trees greater than 12 inches at I 15 I S S��`Hall Blvd. Tigard Uregan 97223,
O'uservation: This site has scen lots of coristraction activity in the last few years. The
Brahma Premanda Ashram was built in 2002 and 2UO3 with continued site development
going on at the time of this report.There is no tree preservation plan boing implemented
on the site. Large anounds of dirt and Severly compacted soil is Found throu�;hout the site
and w7thin the Root Protection Zone(RP�)of the inventoried trees. 4 Quercus garryana
trees(3 on the west fence line and 1 in a tree bed off the northwest corner cf the ashram)
total the deciduous trees on the site. A group of 10 Pseudotsuga menziesii and 1 Pinus
ponderosa on the norfh sic3e of the Ashram total the coniferous trees on the site. A total of
10 co�iifer sturnps w�ere ioca.ted,6 ofwhich were recentty removed. Using photo
interpretation techniques it w�s determined that these trees were dead prior to reinoval
and the other 4 stumps were lrees removed at an earlier date.
Tree Inventory Data
Tree�# Tree specias DBH`(IN� Heakh" Category"'"
1 Querc:�s flarryana 3Q.25 fair 2 81+ght,Sun bum, Decay
2 Pseudatsuga merziesii 'i7 g000 3
3 P�nus ponderosa 26 good 3
4 Pseudotsuga menziesii 33 poor 3 Top is dying, Deadwood
5 Pseudotsuga menziesli 13 good 3
6 Pseudatsuga menziesii 18.5 gooC 3
T Pseudotsuga menziesii 21.25 good 3
8 Pseudotsuga menziesii 14.75 9ood 3
9 Pseudotsuga menziesii 22.25 fair 3 Blight, Compaction
10 Pseudobuga menziesii 16,5 fair 2 Top b;oke out
11 Pseudobuga menziesii 16.25 poor 2 �'op is dying, Deadwood
12 Pseudotsuga menziesii 24 good 3
13 Quercus garryana 28 good 3
14 Quercus garryana 20.5 good 1 6lignt, RPZ coripaction
15 Querc�s garryana 29.75 gocd 1 RPZ coripaction
• RQmO�I�tl�Q�C� Stump(IN)� (�.$t690��w•
1S Pseudot5uga menziesii 28.5 3
17 PSeudotsuga menxiesii 20 3
1 S Pseudotsuga menziesii 24 2
19 Pseudotsuga menzicsii 21 2
20 Pseudotsuga menziesii 26 2
21 Pseudotsuga menziesii 3? �
* DB�-I: Diamoter Brcast Height�4.5 feetl, IN=inches
** Tree health:
Goc�d: Soil compact�on is minii�tat tree shrnr�s strong growth nabit,
Fair: Soil�ompaction ar.d blight in the RPZ is evident,tree is not in deciine
Poor:Tree is showinu signs of decline
*** Categories
1. trees within 50 feet of the Ashram footprir.t
z, trees within 10(}feet of Ashram footprint
3. trees morc than 100 Yeet frorn the Ashram footprint
s,nalysis: Using photo inteipretacion of aerial photographs, it is determined that the
remainin�conifer trees were recently a part�f a lazger and more diver;�e.forest type. Lo�s
of canopy azaund the remaining group of conifers has been xcurring rapidly since 2000.
In 200 and 2001 the first thinning occvrred. In 2002 continued thu�ning oecurred and
initial conifer dieback is evident in. In 2d03, 2 or 3 conifer trees died. In 2004 2 or 3
conifcr trees died. Now in 2005 the remaining t I coaifer trees are ca-dominant and
dcclining dominant trecs with a sparse understory.
Recommen�atians: Cro�uca clean trees, Soil sample,Percolation test,Tree preservatian
plan, Post construction remediation
Sincerely, �
�"'
J� n vlesser
I5A #PN-5582�
'�lortheast Arboriculture
PO box 12584 PDX,OR 972I2
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,Q S'
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�'G a�
Arborist letter rcFort �''
Submitted to:
Bral�maPremandaAshcam .. •';_'.`��,
1151 S S W Hal l Blvd
Tigard,OR 97223
Submitted by: Jason Messer
ISA Certified Arborist#PN-5582A
Date of ir_spection: Jul� 14`f'2005
Purpose of report:Provide Tree invenLory data regarding the health and stability
of ail trezs grcater than 22 inches at 11515 SW Hall Blvd. Tigazd Uregon 97223,
Observation: This site has seen lots of cocrstraction activity in the last few years. The
Brahma Premanda Ashram was built in 2402 and 2003 with coatinued site development
going on at the time of this report.There is no tree preservation pian being implemented
an the site. Large arounds of dirt and Severly compacted soil is found ttuou�hout the site
and withitt the Root Protection Zone(RP�)of the inventoried trees.4 Quercus garryana
trees(3 on the west fence line and 1 in a tree bed off the northwest corner of the Ashram)
tota!the deciduous tzees on the site. A group of 10 Pseudotsuga menziesii and 1 Pinus
ponderosa on thc north side of the Ashram total the coniferous hees on the site. A tatal of
10 co�iifer stumps wcre located,6 ofwhich were reeentfy removed. Usin�photo
interpretation techniques it was determined that these trees were dead prior to recnoval
and the other 4 stumps were lrees removed at an earlier date.�
Tree Inventory Data
Tree�R Tree apa�ciss DBH*(IN� Health"' Category'•"
1 Querc:rs 9arryana 3Q.25 fair z Blight,Sun bum, Decay
2 Pxudobuga menziesii 17 good 3
3 Pinus ponderosa 26 good 3
4 Pseudotsuga menziesii 33 poor 3 Top is dying, Deadwood
5 Pseudotsuga menzfesii 13 good 3
6 Pseudotsuga menziesii 18.5 gaod 3
T Pseudotsuga menziesii 21.25 good 3
8 Pseudotsuga menziesii 14.75 good 3
9 Pseudotsuga menziesii 22.25 fsir 3 Blight, Compaction
10 Pseudatsuqa menziesii 16,5 fair 2 Top broke out
11 Pseudotsuga menziesii 16.25 poor 2 Sop is dying, Deadwood
12 Pseudotsuga menziesii 24 good 3
13 Quercus garryana 28 good 3
14 (luercus garryana 20.5 good 1 Blight, RPZ compaction
15 Cluercus garryana 29.75 good 1 RPZ compaction
' RamovQd troa speciQS Stump(INj"' Category'""
1b Pseudotsuga menziesii 28.5 3
17 Pseudotsuga menziesii 20 3
18 Pseudotsuga menziesii 24 2
19 Pseudotsuga menzi�sii 21 2
20 Pseudatsuga menziesii 2S 2
21 Pseudotsuga me�ziesii 37 ?
* DBH: Diameser Srcast Height�4.5 feet), IN=inches
** Trx health:
Good: Soil compaction is miniinat tree shrnvs srrong growth habit,
Fair: Soil campaction and biight in the RPZ is evidern,tree is not in decline
Poor:Tree is showing signs of deciine
*** Categories
1. trees within 50 feet of the Ashram footprint
2. trees within I00 feet of Ashre�m footprint
3. trees more than 100 teet frorn the Ashram footprint
Analysis: Using photo inteipretation�f aerial photographs, it is determined that the
remaining conifer trees wer$ recently a part of a larger and more diverse forest type. Loas
of eanopy azound the remaining group of conifers has been occurring rapidly since 204�.
In 200 and 2001 the 5rst thinning occvrred. In 2002 continued thinning occurred and
initial conifer dieback is evident in. In 2003, 2 or 3 conifer trees died. In 2004 2 or 3
conifcr trees died. Now in 2005 the remaining 1 I conifer trees are ca-dominant nnd
declining dominant trees with a spaise understocy.
Reeomtnendarious: Cro���clean trees,Soil sample,Percolation test,Tree pre�ervation
plan, Post constructian rernediation
Sincecely,
rr
J n Messer
ISA #PN-5582a
Northeast Arboriculture
PQ box 12584 PDX,OR 972I2
FROM : Sigmd Consultants Group, c PHONE N0. : 503 629 5668 Jul. 19 2005 09:42AM P2
Jul I9 05 10: 23a• Jeson Messer 503. �E) 32UG p. �
Ar'norist 1c.Iter re�rt
Submitted i.o:
Bz�a�a�rE.manda Ashram
1 I515 SW;Hall B:vd
Tigard,OR 9?2�3
5ubmitted �>y: Jason Messer
iSA Ccrti6�sd Arborisc#PN-S582A
i
Date ofias��ciio�:3uly I4�'2005
Pur��osc of repon:Provide Tree�ven.aory dara r+�garding che <�ti�ar,d stability
of all trees j�neater than 12 inc�es�,t 1 k 5 l S SW Hall Blvd.Tigazd O�: :�n 97223,
Observatib�►: 1'his si+.e h$s seex�lots of const�uction actiVity in the la� f�w years.The
Brehma P manda Ashra�n was buih in 2002 and 20n3 with contir:u� •.ite deveIopa�ent
going on at the timc di this rtport.There is no trc�e pre�ervation plan n;irn�lemented
on ihe site. I Large mounds of dirt and Compacicd soil are found thra� i tout the site snd
withi,c�ihe�.00t Pmtection ZoQe(RPZ)of the inventoried tre�.�4 Q�. ,u.v garryan�a trees
(3 en Il�e wi;st fer�ce line and 1 in a tree bed of�"ihe n�rthwest corner �he Asbram)total
the deci�uoi�s�rees on the site. A group of 10 l'seudotsuga menziesi E�d 1 P�uus
ponderosa�n the north sida of thc Ash�arn wtal the coaiferous�ee.s� :he site.A total o:f
8 conifer tm�s were located,6 of w�ich were recendy removed, t g ghoto
irrtespretax�n tecl�niques it was deterfnined thax tk�ese trees were dea+' •ior to removal
and the othq;r two sttui�ps wtre dead tnees rexaa4ved before t�e reeeni ; �:r�amovals. •
Tree Inv�t��ry Data
�
Tree No �pecies BBH'' Health"• Category""
1 ue�us garryarta 3�.25 gppd �
'seudotsuga
2 tert�esa 17 good 3
3 'Inus ponderos-d 26 good 3
i seudotSUgB
4 rpenziesii 33 paor 3
�aa.suga
5 �en�es� 73 gC�od 3
udptsuga
6 t�iettzfesii 18.5 goad 3
F�seu�v�uga
7' r�tenziesii 21.25 good 3
�}seudotsuga
8 r�►enzies� 14.75 gaod 3
pser�uga
9 enzieeii 22.25 fair 3
udobsuga -
10 etiZiesii 16.5 fair 2
tsuga
11 enzie.sii 18.25 poor 2
I
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FROM : Sigma Consultants Group, c PHONE N0. : 503 629 5668 Jul. 19 2005 09:43AM P3
3u1 19 05 10: 23a Jaaon Mes3er Sp3• �01 �06 p-3
� Pseudotsuga
12 menzigSii 24 fair 2
'!3 �uerc�s garryan� 28 good ?
14 Quercus�arryana 2G.5 fair 1
15 Quercus ganyana 29.75 fair 7
Remcved � stump DIA
eudats�ga
17 enziesA 25 f'emoved �
��
18 er�iesii 19.� removed �
dotsuga
19 enz�esii 23.5 r�R�vved 1
�
20 enzlesii � remove� 1
dotsuga
21 er�esii 34.5 remo+►ed 2
dotsuga
22 errsipsii 22.5 removed 3
* DBH:Di �3reest�ieight in incl�es
'�"Tree h .
- Soil compaction is minizna�tree shows strong growl.t►I, �it
Fai 9oil�ompa�,�tion within Root grote.ction zont is errider�t, :� is still gzbwing
Poo .Tree is showing si r�as of dec,�ine
*a* C� •�
], within SOfeet of the Ashrarrx foo:print
2. tr wi#han 7S feet of Ashram foatprirn
3. more than 75 faet from the As�n foatprir�t
Analysis: in��hnto interpretetion of aerial photo�aphs it is detezti :aci that t�e
remaining ' er tz�ees yvere recently$pPUt c=f a Larger and more dive , foxest type.Loss
of canopy imd the re�naining grwP nf aomife��s has baen occurrin£. �pidly si�ce 2000.
In 2Udi t�e first thinning of the vnderstary«;cza�d. Tn 2402 contir �i understory
thituung urred and initial canifer dieback is evide�t ln 2003,?o� �nifer trees d.ied.
In 2(�4 ad tiar�a!2 or 3 coaifer trees died Now in 2405 the remair. : conifer trees a�rC
sparsE co-d mineat azad dsc�ining dominam trees with no understor� �xetario�►around
The r�aintng four deciduous trees aze the Qaercus g�.tyana trees g; ;�ir�g outside of the
�R��,�.
� RecoFn,m io�: Sozl sa.mPlin�,Pcrcolation tests,trec p�cserv�tio r �lan>crowr..cicau
trees. �
�
incerely,
_�°
Jason M
Northeast 'cuhure
YSA.#PI`- 582A
PO box 1 84 PDX,OR 972I2
• ' _ _ — _ _----- -- -
Joanne Bengtson -(no subject) Page 1
From: <DOCSBPDX@aol.com>
To: <craigd@ci.tigard.or.us>
Date: 7/19/2005 10:43:08 AM /
Subject: (no subject) C �
Good Morning H'ble Mayor,
��
Thanks for your comments and help as ever. ��
Craig I would like to meet you or someone at the City Office to resolve this �
issue of the Trees.
We have done an arborist report which also reflects our facts that the trees �/�O _
were not killed by the construction. ��
We have been asked to sign a Violation report by this week which asks us to
pay a hefty fine for the trees.
As you are aware that we are struggling to get things resolved and completed
as we get our financial pledges from donors.
Thus any extra burden of cash flow would put us back in our plans.
I would be most grateful if you could please help me solve this issue and
help me approach the City to forego this fines and we are wiliing to plant any
number of extra trees required.
Thank you
Please call me at 503 475 9460 or email me .
Thanks
As ever
Shirish Patel
Dr. Shirish B. Patel
c/o B.P.S. Temple,
3700 NE 82°d Ave
PORTLAND
OR 97220
Tel.: 503 655 7900
543 475 9460
Email: docsbpdx�a:'aol.com
Fax: 503 655 1861
To
H'ble Mayor Craig E. Dirksen
City of Tigard
13125 SW Hall Blvd.,
TIGARD
OR 97223
Tel.: 503 684 2772
Dear H'ble Mayor Dirksen,
Re.: Land use Violation at BPS Temple
This is in continuation with my Email and other correspondence.
I am writing this on behalf of the BPS Ashram Temple.
As mentioned we are slowly approaching the total completion of our project and a
great landmark for the City of Tigard.
We have been able to get in our pledges for the final part. But we would be most
grateful if your Office and The council would be able to waive the Penalty fees
levied for trees which had to be cut. There was no other choice for us, and we are
willing to plant more trees and make the Landscape around the Temple a project
where the public can come in and relaz and enjoy the peace and calm of the site.
I would be most grateful if you could have the Building Department look into this
affair and review the arborist's report.
If there are any other details we have to complete we will comply and a waiver for
the penalty fees would help us utilize our resources in completing our Landscape.
Thank you.
I remain,
Yours tr ly
Dr. S irish B. Patel
cc. Tigard City Council
. , .
FROM : Sigma Consultants Group, PHONE N0. : 503 629 5668 Jul. 04 2005 09:01AM P2
�I:�:���tl,'2r.�G1��� 1 t:;'ri ��ri:,i,;':I:;i,:,] TIi�F+F:L Falfl 1�111(.� l:�L► I I';='�(;� �?1/i1l
City of Tigard
Washington Coun�y, aregon
Voluntary Compliance Agreernent
July 1, 2005
To: Representativ�af Brahmapremananda
11515 SW H�II 81�d.
Tigard, OR 97223
Re: Land Use�olation, damage ta protected tr�s.
As the responsible p2�rties for prdperty describ�d as 1S935DA, Tax Lo# OiaQ4
(11515 SW Hall BEvd.), I agree to the following condition;
Resolv�the continui�lg land use violation by the foflowing actians:
a. Provide arborist report regarding the health and stability of a1i trees greater
than 12-inches.
b. P�y civil penalty of$500.OQ for each tree greater than 'f2-inches in
diameter that has been damaged by constructiQn activitie�Y.
c. Pay civil pen�lty representing the estim�ted value of dam��ged trees over
12-inches in diameter, 2�s dctermined using the most currE�nt Intematianai
Socie�y of Arbo�icutture's Guide for Plant Appraisal.
d. F'ravide mitigation pfan and timeiine for 10Q percent of the inches
damaged by canstruction activities.
We unders#artd tha#the City will wi#hhold furttier action until August 1, 20��.
Upon compliance af the above conditidn, this case will be ctosed. We�urther
understand if these conditians are not complied rn�ith fully in thE timeframe
provided, we wiEl be cited with a court Summons and Complaint.
Signed: Date:
Signed: �" _�� Date: O � � ���
d`
P�'
�t,,�`s" 7 S�
&
�$�,� 1 °6
_ __ _ -QDOT
� w ' . \ File 60�T-
� �.�►.,,� r,�•. ��
�.�+� ��D� .
c v�' �°�°l�-oro�� ,
�W �I��t��J ��o«-
DONATION DEED
BRAHMAPREMANANDA ASHRAMA, an Oregon non-profit corporation,which took titie as Brahma
Premananda Ashram, Grantor, for no monetary consideratian do2s convey unt�the STATE OF OREGON, by and
through its DEPARTMENT OF TRANSPORTATION, Grantee, fee title to the property described on Exhibit"A"attached
hereto and by this reference made a part hereof.
Grantor covenants to and with Grantee, its successors and assigns, that grantor is the owner of said property which
is free from encumbrances, except for easements, conditions, and restrictions of record, and will waRant the same from all
lawful claims whatsoever, excep.t as stated herein. �
Grantor agrees that the consideration recited herein is just compensation for the property or property rights
conveyed, including any and all damages to Grantor's remaining property, if any,which may result from the acquisition or
use of said property or property rights. However, the consideration does not include damages resulting from any use or
activity by Grantee beyond or outside of those uses expressed herein, if any, or damages arising from any negligence.
In construing this document, where the context so requires, the singular includes the plural and all grammatical
changes shall be made so that this document shall apply equally to corporations and to individuals.
THIS INSTRUMENT W1LL NOT ALLOW U5E OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN
VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS
INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE
APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE
ANY LtMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930.
RETURN TO AND TAX STATEMENT TO Account No.: 1S1 35DA 01400 2050600
OREGON DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY SECTION Property Address:
355 CAPITOL STREET NE, ROOM 420
SALEM OR 97301-3871
7/18/02
Page 1 of 2- DD
gmh
ODOT
- " File 6007-27g
It is understood and agreed that the delivery of this document is hereby tendered and that terms and obligations
hereof shall not become binding upon the State of Oregon Department of Transportation, unless and until accepted and
approved by the recording of this document
Dated this �( day of , 2p�?t
BRAHMAPREMANANDA A HRAMA, an Oregon non-
profit corporation, whi took title as Brahma
Premananda A
By
President
By
Sec ry
STATE OF OREGON, County of LJ 645/.�,'n�5,�°a �
Dated �C��atic 5_f �� , 20 00 . Personally appeared Swr+r►-t r ���s�� �ry��} /�q�1 d p�
and V_I��'b��NO ��5�qS �o.�L ez� , who, being swom, stated that they are the President and Secretary of
Brahmapremananda Ashrama, an Oregon non-profit corporation, and that this instrument was voluntarily signed on behalf of
the corpora6on by authority of its Board of Directors. Before me:
� • �� ��Ff;CIAI SEAL � � � . �„Q.�� _ ��¢���,,J
Y f� ,' R. FEI�D�-PEYERSOFJ Notary Public for Oregon
� ���� NOTARY FUBLIC-OREGON
• �� COMMIS510N N0.322557
� MY COWIMISSION EXPIRES APRIL 15,2oos My Commission expires �l��r�. �s, a-oo�
�
Accepted on b f the Oregon Dep ent of Transportation
�'r/ ,
7/18/02
Page 2 of 2- DD
gmh
" u7/CJJ/177� t7�7:1 / 7tl,7�7C�l�/.7 A5f"�f�:Ql� �t�LE P(�� el
r �
.ALI'II.'� I'.1'rCiIN:'.I'.1ZIN�:i. 1N(',
EX�IBIT ",A,"
LEGAL DESCRIPI'TON '
rOB NO. 500-387
RIGHT-OF-WAY DONATION
HALL BLW. (C0.RD. NO. 947)
A STIUP OF LAND BEING A POR'�'ION OF PA.RCEL I DESCR.IBED IN DEED �CORDEA
JANtJARY 5, 1995 AS FEE NO. 95001169, WASH.�NGTON COUNTY RECORDS,
LOCATED IIV THE SOUTHEAST ONE-QU�FTER OF SECTION 35, TOWNSHIP 1
S4CJTH, R.ANGE 1 WEST, W�J,q��"�-� ME��� C� OF TIG.ARD, WASHINGTON
COUN?y, pREGpN,DESCRIBEA AS FOLLOWS:
AI-L THAT PORTION �F SAID PARCEL I LYING EASTERLY OF A I.1NE 45.00 FEET,
RIGhtT-ANGLE MEASURE, WESTERLY OF T�IE CENTERLIIV� OF S.W. HALL
BOULEVARD (COUNTY ROAD NO. 947). .
Ylnza Wedt • tiuitr.23U • 96p0 $W pak. p�riJand, UrrKon 97223
Qftior, 503-�i52-80b3 • Fzx 5U3-452,8U43
•wwk.al��l�•r-�•n�.r�un -
F
•
F: :°l y���On Department of Transportation
�� �� ��� 1 11 IZegion 1 IZight of Way
UI'. . .,Z,�
� // John A.Kitzhaber,M.D.,Governor 123 N4V Flanders
59'...' Portland,OR 97209
Phone: 731-8400
FAX: 731-8458
FILE CODE:
September 4, 2002
6007279
Donations
Various Highways
Washington County
Victor Nobleza
1515 SW Hall Blvd
Tigard, OR 97223
Enclosed is a copy of the donation deed transferring a strip of land
approximately 15 feet wide along SW Hall Blvd. in Washington County from
Brahmapremananda Ashrama to the Oregon Department of Transportation
(ODOT). This document was signed by the President and Secretary of
Brahmapremananda Ashrama and accepted by Roger Hansen on behalf of
ODOT.
This document meets the requirement that the Ashram dedicate a strip of land to
ODOT. If you have any questions, please contact me. My telephone number is
503-731-8434.
Sincerely, ;�?
L
` '���� ���;��hJ
�'
�' Jeanne Troeh Gibson
Senior Right of Way Agent
Region 1 Right of Way
503 731-8434
,:�_
Form 734-]86(i(l0/97) �`�w'
� ���,
/�.� l ��` �Qt�`,
a� .�� �� � re on Department of Transportation
� �"�"a�`� �:'I°' � Transportation Building
'iN'..�'. _�- ---�- .jZ�
\� � �� John A.Kitthaber,M.D..Go��crnor 355 CapltO� St. NE
�'r 8 5'9=/ Salem, Oregon 97301
FILE CODE:
Augusr 27, Z002
BRAHMAPREMANANDA ASHRAMA
% VlCTOR NOBLEZA
1 151 S 5 W HALL BLVD
TIGARD OR 97223
Re: File 6007 279
Secrion:
Highway:
County: Washington
Thank you for providing the Oregon Department of Transportation with
the appropriare documenrs for concluding our rransaction.
Your Deed and any Agreemenrs have been approved.
The Srate is now enrirled to possession of ihe property.
Sincerely,
Hollie E. Groves
Closing/Title Specialisr
(503) 986-3642 Room #420
cc:,Jeanne Gibson
Form 734-3122(4-99)
.
June 13, 2001
u
�
Shelly E. Holly C11Y Of TIGARD
Alpha Engineering, Inc
9600 SW Oak Street, Suite 230 OREGON
Portland, OR 97223
Dear Ms. Holly:
The City is in receipt of your request for a twelve-month extension for CUP1999-00001,
PDR1999-00002, and MIS1999-00026. Chapter 18.360.030 part D of the City of Tigard
Community Development Code states that an extension will be granted provided that:
1. No changes are made on the original site development review plan as approved
by the Director;
No changes to the original site development review plan have been requested.
2. The applicant can show intent of initiating construction on the site within the
extension period;
By requesting an extension and paying the additional fee, the applicant has shown intent
of initiating construction on the site within the twelve-month extension period. The
applicant has also scheduled meetings with City Staff to discuss the completion of the
conditions of approval. Additionally, in coordination with the applicant, the owner of the
adjacent Hall Park Office Building has constructed physical improvements to the access
and sewage line in anticipation of commencing further construction on the site.
3. There have been no changes to the applicable Comprehensive Plan policies and
ordinance provisions on which the approval was based.
There have been no changes to the Comprehensive Plan policies since the CUP, PDR and
MIS for this site were approved.
Having met these three conditions, the City of Tigard grants the requested twelve-month
extension for CUP1999-00001, PDR1999-00002, and MIS1999-00026. The new
expiration date will be June 13, 2001.
Sincerely,
Kevin Young
Associate Planner
City of Tigard
13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD(503)684-2772
� � � ALPHA ENGINEERING� '"C.
Engineering • Development Services �rveying �'�� ` � �� 4 � � �����Q�
9600 S.W. OAK STREET SUIl t 230 RECEIVED
PORTLAND, OREGON 97223
o�� I � (� DATE 10
_..!� , . ��U'� � �-
(503) 452-8003 FAX (503) 452-8043 ^TTE"Tio
TO COMN�.�:":J�;Y DFvFL�PM
� �! RE: �
�
(;� T l - rso 00
�q - 000a2 �
M l L 9. -�i - O
WE ARE SENDING YOU �ttached ❑ Under separate cover via�Fax ❑Mossenge� ❑ Mail the following items:
>
❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Copy of letter C Change order ❑
COPIES DATE NO. DESCRIPTION
� � , r .
� �� t .
THESE ARE TRANSMITTED as checked below:
❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval
❑ For your use ❑ Approved as noted ❑ Submit copies for distribution
❑ As requested ❑ Returned for corrections ❑ Return corrected prints
>
❑ For review and comment ❑
❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS
1
/•
�S-LQlr1Z
COPY TO
SIGNED: _
!f enclosu�es are not as noted,kind/y not/fy us at once.
, �.
-
11_E'f If� f�:AC;Itil�:f;IZI'�'( �_ I �'�< �.
June 7, 2001
City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
Attn: Kevin Young
RE: Swami Viswa Temple Expansion
CUP 1999-00001, PDR 1999-00002, MIS 1999-00026
Request for One-Year Extension of Approval Period
Dear Kevin:
Thi� letter is a request on behalf of the applicant for a one-year extension to the above
noted applications. As required by the City of Tigard site development review and
approval process (Section 18.360.030) the criteria for the approval of such a request are
addressed below.
D. Extension. The Director shall, upon written request by the applicant and
payment of the required fee, grant an extension of the approval period not to
exceed one year;
This letter shall act as the written request by the applicant for an extension of
a previous approval.
The required fee of$150.00 is included with this request.
Provided that:
1. No changes are made on the original site development review plan as
approved by the Director;
No changes have been made on the original site development review plan
as approved by the Director. This extension is requested for the above-
mentioned applications as they were approved in 1999.
2. The applicant can show intent of initiating construction on the site within
the one year extension period; and
The applicant has full intent of initiating construction on the site within the
one-year extension period and has shown intent by scheduling several
Plaza WeSt • Suite 230 • 9600 SW Oak • Portland, Oregon 97223
Office 503-452-8003 • Fax 503-452-8043
•www.alpha-eng.��um •
meetings with City Staff to discuss completion of the conditions of'
approval. Additionally, in coordination with the applicant, the owner of
the adjacent Hall Park Office Building has constructed physical
improvements to the access and sewage line in anticipation of
commencin� further construction on the site.
3. There have been no changes to the applicable Comprehensive Plan policies and
ordinance provisions on which the approval wus based.
The applicant's representative has reviewed past Planning Commission
Meeting Nlinutes and has determined there have been no changes to
applicable Comprehensive Plan policies and ordinance provisions that
would make this approval incon�-uent with the current Tigard Municipal
Code, Section 18.
On behalf of the applicant, I appreciate your consideration in this request. If you have
any questions, please ca11 me at �03-4�2-8003.
S incerely,
�•
Shelley E. Hol y
Planner
Alpha Engineering, Inc.
r
I
CITY OF TIGARD PLANNING COMMISSION
Regular Meeting Minutes
December 6, 1999
1. CALL TO ORDER
President Wilson called the meeting to order at 7:30 p.m. The meeting was held in
the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd,
2. ROLL CALL
Commissioners Present: President Wlson; Commissioners Griffith, Mores,
Padgett, Scolar, and Topp
Commissioners Absent: Commissioners Anderson, Incalcaterra, and Olsen
Staff Present: Dick Bewersdorff, Planning Manager; Julia Hajduk, Associate
Planner; Brian Rager, Development Review Engineer; Jerree
Gaynor, Planning Commission Secretary
3. PLANNING COMMISSION COMMUNICATIONS
The Commission was advised that their TSP workshop scheduled for December 13th had
been cancelled. The next workshop will be January 10tn
4. APPROVE MEETING MINUTES
No minutes to approve.
5. PUBLIC HEARING
5.1 CONDITIONAL USE PERMIT (CUP) 1999-00001 / PLANNED DEVELOPMENT
REVIEW (PDR) 1999-00002NARIANCE (VAR) 1999-00024 / SETBACK
ADJUSTMENT (MIS) 1999-00026 — SWAMI VISWA TEMPLE EXPANSION
The applicant has requested Conditional Use Approval to expand the existing
Ashram (temple). The applicant is also requesting Planned Development
approval to allow the residential use of two bedrooms for the residents and
eight guestrooms. A variance has been requested to the access width. An
adjustment to the front yard setback for a religious facility has also been
requested. LOCATION: The site is located at 11515 SW Hall Blvd. The
properties are also identified as WCTM 1 S135DA Tax Lot 1400 and 3503.
ZONES: C-P; Professional Commercial. APPLICABLE REVIEW CRITERIA:
Community Development Code Chapters 18.330, 18.370, 18.390, 18.510,
18.530, 18.705, 18.745, 18.765, 18.775, 18.790, 18.795 and 18.810.
STAFF REPORT
Associate Planner Julia Hajduk presented the staff report on behalf of the City. She
presented a vicinity map showing the site's location off of Hall Blvd. Surrounding land
PLANNING COMMISSION MGETING MINUTES-December 6, 1999-Page 1
�
uses include a day care center, vacant property, and the Hall Corporate Center office
complex. The Hall Corporate Center has recently submitted an application to develop
adjacent vacant prope�ty with additional parking spaces, which affects the requested
variance for conditional use approval to construct a temple and the Planned Development
review to allow residential use of the property for finro full-time residents onsite and rooms
for visitors. The applicant has also requested a variance to the access width. When the
Hall Corporate Center office complex was constructed, it received a variance to the
standards that require 40 feet of pavement and a 50-foot wide access. The temple is
requesting to add additional parking spaces to that previously granted variance. The
expanded Hall Corporate Center parking adjacent to the access drive bars widening of
that access and therefore staff is recommending denial of a variance for additional parking
and requiring the applicant to either remove the five additional parking spaces or widen the
access width to meet the current standards. Staff has reviewed the plans and made
recommendations that will allow them to meet all standards of the Code.
Commissioner Padgett said it does not appear that the proposed construction will expand
the limits of the property line. He asked if the proposed construction would preclude the
purchase of the recommended right-of-way or the widening of Hall Blvd. for the
Washington Square Regional Center. Ms. Hajduk said that it did not. Mr. Padgett stated
that this question should become a precedent posed for all future development in that
area.
APPLICANT'S PRESENTATION
Mike Miller, Alpha Engineering, 9600 SW Oak St., Portland, OR 97223, representing the
applicant, presented a plan showing the currently existing temple, a dormitory which is
called an Ashram, and the proposed expansion. The Ashram will consist of an additional
building and the temple will be 9,000 square feet on two floors. They agree with staff
concerning additional parking spaces. The temple has a reeiprocal agreement with the
Tigard Corporate Center for use of parking spaces and they do not anticipate the need for
additional spaces. However, they do request a slight change to allow use on holidays
when the office is not using the parking lot. He said the expansion plan is simple; the site
is approximately 2-'/4 acres in the shape of a panhandle and two-thirds will remain open
space and landscaping. He feels it is a good use for the area, it will create some diversity
in the neighborhood, and the shared use of the parking lot is complimentary.
President Wilson asked staff how the shared parking uses would be enforced if a conflict
arose. Ms. Hajduk said that if a complaint were made it would be a Code enforcement
issue for being in violation of the conditional use approval. That use approval could be
revoked if it became a recurrent problem. President Wilson said he would like to see this
kind of use encouraged.
Commissioner Griffith asked for clarification of the request for holiday use. Ms. Hajduk
said that to avoid a conflict there is currently a condition that worship hours cannot be prior
to 6:00 p.m., Monday through Friday. The request is for holidays to be excluded from this
condition. This should be no problem on legal holidays when offices are typically closed.
PLANNfNG COMMISSION MEETING MINUTES—December 6, 1999—Pabe 2
I
The exclusion on legal holidays only would be specified in the condition for the variance.
The applicant agrees to specifying only legal holidays.
Commissioner Topp asked if any schooling of children is done at the temple, because
some religious facilities do conduct schooling in violation of their permit and he wants to
make sure this is not a part of the applicanYs intent for the variance. Mr. Miller said there
is not.
Dick Bewersdorff complimented Mr. Miller and Alpha Engineering for doing a good job in
preparing this plan.
Commissioner Topp asked if the limitation on the square footage for the residential portion
was satisfactory to the applicant. Mr. Miller said it is.
PUBLIC TESTIMONY— IN FAVOR
Ave Pradhan, 921 SW Morrison, Suite 415, Portland, OR 97205, pointed out that they are
not proposing an apartment building, so they would like to have some flexibility on the
square footage in the event they need 100-150 more square feet. Another concern is the
ADA requirement for more than two handicap parking spaces for a temple of this size.
Julia Hajduk responded that the proposed condition recognizes the ADA parking
requirement by recommending that some of the existing spaces be modified to be ADA
compliant. She believes this can be easily done and should be considered by the
Commission regarding approval of the variance.
Sudhir Adettiwar, 16537 NW Paddington, Beaverton, OR 97006, said thati�e has nothing
to add except that the applicant is a non-profit organization, they have a very large
community of almost 6,000 families, and the temple is funded by donations.
PUBLIC TESTIMONY— IN OPPOSITION
None. '
PUBLIC HEARING CLOSED
Commissioner Padgett asked for an explanation of the ADA requirement as it pertains to
condition number 4. Ms. Hajduk said the condition is to revise the plan to show that five
parking spaces will be deleted and that at least one handicapped space will be provided
as van accessible and/or with a walkway. This would meet ADA requirements.
Commissioner Topp noted that there is a distinction between the requested residency as
opposed to apartments, etc. The 25 percent limitation in the Code was intended to apply
to multi-family housing. He asked if there is any Code provision to allow more square
footage for the residential portion. Ms. Hajduk said this planned development was
designed to allow the requested use because staff felt it was an appropriate use provided
the parameters of the regulation limitations are followed.
PLANNING COMMfSS10N MEETING MINUTES—December 6, 1999—Page 3
President Wilson noted there is a provision in the Code to cover situations such as
caretaker facilities that may apply to this situation regarding additional square footage.
Commissioner Padgett moved for approval of the requested CUP 1999-0001, PDR 1999-
0002, and setback adjustment MIS 1999-0026, with the addition in Condition No. 7 for
excluding all times on legal holidays, and denial of VAR 1999-0024, based upon findings
in the staff report and the testimony. Commissioner Griffith seconded the motion. A voice
vote was taken and the motion passed unanimously.
5.2 SUBDIVISION (SUB) 1999-000051PLANNED DEVELOPMENT REVIEW (PDR)
1999-00001 — MAPLERIDGE ESTATES SUBDIVISION REQUEST:
A Subdivision and Planned Development approval to create 24, single-family
attached dwelling units. The applicant is requesting Planned Development
overlay designation and conceptual plan and detailed plan review as part of this
application. There are wetlands on-site; however, because they a�e jurisdictional
only, no Sensitive Lands Review is required by the City. The applicant is also
requesting adjustment of the wetland buffer in accordance with Unified Sewerage
Agency (USA) standards. LOCATION: The project site is located on the
southwest corner of SW 87th Avenue and SW Locust Street; WCTM 1 S135AA,
Tax Lots 500, 590 and 600. ZONE: R-12 and R-4.5. APPLICABLE REVIEW
CRITERIA: Community Development Code Chapters 18.350 (Planned
Developments); 18.390 (Decision Making Procedures); 18.430 (Subdivision);
18.510 (Residential Zoning Districts); 18.705 (Access, Egress and Circulation);
18.715 (Density Computation); 18.720 (Design Compatibility Standards); 18.730
(Exceptions to Development Standards) 18.745 (Landscaping and Screening);
18.765 (Off-Street Parking); 18.775 (Sensitive Lands); 18.780 (Signs); 18.790
(Tree Removal); 18.795 (Visual Clearance Areas); and 18.810 (Street and Utility
Improvement Standards).
Commissioner Topp declared a conflict of interest for agenda item 5.2 due to his
assistance in the preparation of this application. President Wilson excused Mr. Topp from
participation in the discussion regarding this application.
STAFF REPORT
Julia Hajduk presented the staff report on behalf of the City. She explained that the
applicant is proposing a 24-lot attached-unit planned development subdivision with smaller
lots and open space. There is some encroachment into a wetland buffer that is a 25-foot
open space tract acquired by the Unified Sewerage Agency and not considered a
significant wetland. Averaging of the buffer area is allowed. Staff has reviewed the
proposal and recommends some conditions to ensure that the development meets Code
standards and planned development intent. The development is not adjacent to Hall Blvd.
Commissioner Griffith noted that there is a private street, which is something the City has
been trying to get away from. Brian Rager said this was discussed with the City Council.
PLANNING COMMISS[ON MGETING MINUTES—Dccember 6, 1999—Page 4
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They felt it was appropriate to allow a private street here because of the size of the site �
and because the proposal is for attached units, which have a different look than a typical
single-family residential subdivision. Some of the units will be accessed off of 87th Avenue
and some units off of the private street. Commissioner Griffith asked for clarification on
why a private street is allowed for areas with attached units as opposed to areas
containing single-family �esidences. Mr. Rager said they felt the look of a project like this
is much different in appearance from a typical subdivision. One of the main problems with
private streets in residential subdivisions is that they look like public streets and the
residents do not know they live on a private street. In attached unit developments, the
street is less likely to be mistaken for a public street.
Commissioner Griffith asked if the private street will be built to City right-of-way standards.
Mr. Rager responded that the only public standard enforced on a private street is the
structural section itself, the rock and asphalt thickness has to meet the City standards for a
public street. For width and sidewalks there are other standards in the Development Code
and the Fire Code. Additionally, a private street is required to have a sign stating it is not
maintained by the city. Other features have been added to the requirement list, one being
that the entrance will require a commercial driveway apron. It is looked at more as an
oversized driveway than an actual street.
Commissioner Padgett asked if there are parking restrictions and signage requirements for
a private street. Mr. Rager said the Fire Code restricts parking to one side of the street,
and requires signage and painted curbs. Language can be added to the conditions of
approval that the developer meets the requirements of the Fire Code.
Julia Hajduk pointed out that the proposed plan does not meet engineering and street
width policies for parking on one side of the street. The conditions of approval require
widening the street to a 24-foot wide pavement width, unobstructed by parking, to meet
Development Code standards for an access road. The applicant will address this issue
later.
Brian Rager presented a memorandum to be included in the record, which addresses
findings regarding storm drainage and conditions of approval for an on-site pond. The
staff report originally addressed the pond as a privately owned facility. However, the
applicant has designed the pond to appropriately convey and treat water drainage from a
public street. Therefore, the findings in the staff report have been revised in the "Effect on
Downstream Drainage" section and Conditions 10 and 11 of the Conditions of Approval
are modified. It is now being addressed in terms of a public facility, which requires that it
be completely contained in a tract to be conveyed to the City. Mr. Rager explained the
further requirements as stated in the memorandum regarding �evisions to the grading,
operation and maintenance by the developer, and conditions for take-over of maintenance
by the City that include access and landscaping. The applicant has agreed that revisions
to the grading can be made. Because a new Condition 11 has been added, the other
conditions will be renumbered.
PLANNING COMMISSfON MEETING ti11NUTES—December 6, 1999—Page 5
Commissioner Griffith said that in the plan it appears that outfalls onto Jefferson Street
require an open ditch. Mr. Rager said that where the gravel driveway is indicated on the
plan is the location of the upstream end of the pipe. The proposal is for the pipe to pick up
water from the backside of the units that front SW 87th Avenue. Discharges are indicated
in the plan by rock symbols. The outfalls are discharged into the pond. The exit from the
pond contains outlet structures to control the pond's volume, which is required for water
quality treatment and detention of water in the winter when a different release rate and
volume are necessary. A facility like this requires several different control structures for
releasing the water. The water is released back to a line in the private street, then flows
east out to 87th Avenue, and then as far south as needed to adequately discharge into an
open ditch along g7t"
APPLICANT'S PRESENTATION
Gregory Kurahashi, 15508 SW Jay Street, #200, Beaverton, OR 97006, explained the
reasons behind some of the street issues. They don't like to have dead end streets
because they are not appropriate in terms of connectivity and making the project work. On
the west there is a channel in the abandoned railroad that is fairly extensive from north to
south where the water follows the railroad right-of-way. That channel requires a 25-foot
buffer on both sides. This results in small areas that are not feasible to develop and
creates open space. The area remaining for development must then meet the density
requirements. To meet the open space and density requirements and make the site work
for development, a private street is necessary. In regard to parking and street width,
Mr. Kurahashi explained where separate parking is located and pointed out that there is
room in front of some units 20 feet wide. This space and the required 8 feet in front of the
units opens up the street for fire access. To create the necessary space required for
parking, spaces have been made between each of the units. Concerning the issue
brought up earlier regarding space in front of the units, the applicant agrees to move those
units back to provide for 20 feet instead of the 18 feet in the plan because it still leaves
enough room for the required 15-foot drainage easement.
In regard to the issue raised about open space and the buffer requirement, this area is
necessary for pond access and will not be developed with buildings. Mr. Kurahashi
pointed out in the plans where additional space was made to balance the encroachment
into the buffer area. He commented that this is actually better for wildlife habitat than
space close to the buildings. They had to balance for this impact by moving the access
around the corner due to the geometry of the building. They will use gravel or pavement,
whatever the City wants for the access.
Commissioner Mores asked if there would be a fence around the detention pond to
provide for the safety of children in the area. Mr. Kurahashi said the pond will have an
overall elevation of 3 feet and banks that can be accessed by pedestrians. Fencing can
be put in if the City feels it is necessary. Mr. Rager said that the City does not require
fencing around water quality facilities. The Public Works Department does not
recommend fencing around these facilities because they have found that it attracts more
children than it deters.
PLANNING COMMISSION MGCTING MINU"I�GS—December 6, 1999—Page 6
Commissioner Mores asked if this is a family development, and also if the wetland area
would be left the way it is as a buffer area. Mr. Rager said it is considered a mixed use
development. Mr. Kurahashi said there is still an area available to create an open space
that is usable for community recreation.
President Wlson asked if Tract A includes all of the area outside the lots. Mr. Kurahashi
said that is correct. President Wilson then asked if Tract A becomes City owned when the
City would take over the pond. Mr. Rager said that is something the Public Works
Department would need to get involved in because the City may not want to own the entire
area. Mr. Kurahashi said they had no problem designating two separate tracts that could
be dealt with separately in different ways.
Commissioner Griffith inquired if something like grasscrete or grass-pavers, instead of
gravel or asphalt, is encouraged for the access road where it encroaches into the wetland
area. He commented that new products are available that might be superior to gravel or
asphalt. Mr. Rager said he did not know of a situation where that has been used. The
type of surfacing can be discussed as part of the detailed plan review. Typically access
roads are gravel or paved to provide strength, and grass requires more frequent
maintenance. There are numerous options and this is something that would need review
by the Public Works Department.
Commissioner Padgett asked if a conclusion had been reached about the 24-foot street
width. Julia Hajduk said she is comfortable with recommending the deletion of Condition
20 because this is a private street. There are precedents where private streets that are
28 feet wide with parking on one side have been allowed. Dick Bewersdorff said he
missed this issue in his review of the staff report. Since it is not inconsistent with what has
been allowed in the past, he recommends deleting Condition 20, including the request for
additional parking space because there will be space on the street.
PUBLIC TESTIMONY - IN FAVOR
None.
PUBLIC TESTIMONY - IN OPPOSITION
None.
PUBLIC HEARING CLOSED
Commissioner Mores moved to recommend approval of SUB 1999-00005 and PDR 1999-
00001 for the Mapleridge Estates Subdivision, with revisions to condition 10 and adding
new condition 11 as noted in the memorandum dated December 6, 1999 regarding
drainage and maintenance, and the deletion of condition 20, as well as the renumbering of
the conditions as a result of these revisions. Commissioner Griffith seconded the motion.
A voice vote was taken and the motion passed by a vote of 5-0.
6. OTHER BUSINESS
None.
PLANNING COMMISSION MEET[NG MINUTES-December 6, 1999-Page 7
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7. ADJOURNMENT
The meeting adjourned at 8:30.
ree Gayno Planning ommis on Secretary
;
,
ATTEST: resident Nick Wilson
PLANNING COMMISSION MEETING MINUTES—December 6, 1999—Page 8
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ADDITION TO THE EXISTING BUILDING FOR` Avr P�nHnN ARCHITECI' ,
� BF�AHMA PREMANANDA ASHRAM-TEMPLE � '�'�NDROR 97�;'
'�4� 11515 S.W.HALL BLYD. TIGARD, OR 97223 ,
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