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MMD2006-00008 MMD2006 00008 MAX' S FANNO CREEK BREW PUB /i� August 9, 2006 ��ar��i��ulllu411�� CITY OF TIGARD Roger Anderson Anderson Dittman,LLP OREGON •8865 SW Center Street Tigard, OR 97223 RE: Minor Modification Request, Case File No. MMD2006-00008 Dear Mr. Anderson: This letter is in response to your letter to the City, dated July 27,2006,requesting a minor modification determination for the Max's Fanno Creek Brew Pub proposal,located at 12562 Main Street,WCTM 2S102AC, Tax Lot 01101. The City originally determined that a Site Development Review (SDR2006-00003) was required to change the use of an existing building from retail to an eating and drinking establishment. After internal review, the City has determines that the Brew Pub proposal can be processed a Type I Minor Modification (MMD2006-00008). The City will void the SDR application.Fees originally submitted for the SDR ($4,184) will be applied to the MMD ($562.) and the balance ($3,622.)will be refunded to you within two weeks. Analysis of Modification Request: Section 18.360.060 of the Tigard Development Code Site Development Review chapter, states; "any modification which is not within the description of a major modification as provided in section 18.360.050 shall be considered a minor modification." Section 18.360.050 states that the Director shall determine that a major modification(s) has resulted if one (1) or more of the changes listed below have been proposed: 1. An increase in dwelling unit density or lot coverage for residential development. The proposal does not involve residential property. 2. A change in the ratio or number of different types of dwelling units. This request does not involve a residential development. 3. A change that requires additional on-site parking in accordance with Chapter 18.765. Pursuant to Footnote #5 of Table 18.765.2, the proposed modifications to an existing building located on Main Street does not require additional on-site parking. The Site Plan submitted with the application shows nine parking spaces located in the rear of the building. Access to these spaces is between the top of bank of Fanno Creek and the existing building. The existing condition includes a graveled access and area adjacent to the rear of the building and west property boundary, which had previously been used for parking. Any improvements exterior of the building within the vegetated corridor shall be consistent with the standards identified in the Clean Water Services Provider Letter for this project, dated April 18, 2006. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. The changes proposed to the commercial structure are cosmetic and not structural. The applicant has not proposed to change the type of commercial structure and would not be required to under the current building code. 5. An increase in the height of the building(s) by more than 20 percent. No change to the building's exterior is proposed. 6. A change in the type and location of accessways and parking areas where off-site traffic Page 1 of 3 13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD (503)684-2772 would be affected. Tigard Development Code 18.705.030.G.3 states that in no case shall the design the service drive or drives require or facilitate the backward movement or other maneuvering of a vehicle within a street, other than an alley. This site currently has parking in front of the building that does not accommodate an adequate stall depth and drive aisle width. This requires a backward movement of vehicles that have parked in front of the building. Therefore, as a condition of approval, the applicant shall remove the curb drops and replace them with standard curb in order to eliminate on-site parking in front of the building. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day. The applicant states that the brew pub will focus on a local trade which anticipates patrons walking,biking and busing to the site. The applicant can encourage these modes of transportation but cannot ensure them. The applicant anticipates less than 100 additional vehicular trips per day than were generated by the paint store (anecdotally offered by the owner of the previous paint business to be from 90 to 100 vehicular trips/day). The applicant points out that no additional parking for existing developments on Main Street is required, so any marginal increase in vehicular traffic will be limited by available on-street parking. The applicant notes that the tnp generation manual (7th Edition) estimates 89.5 trips/day/1,000 square feet of quality restaurants. The proposed pub will have 2,200 square feet of eating/drinking space. Therefore, a use of this type may generate approximately 196 vehicular trips/day. This estimate may be too generous given the variety of non-vehicular transportation options available to the site, and the limit of vehicles that could otherwise be accommodated. Therefore, staff agrees that it may be unlikely that the proposed pub will increase vehicular traffic in excess of 100 additional vehicular trips/day. 8. An increase in the floor areas proposed for a non-residential use by more than ten percent excluding expansions under 5,000 square feet. No increase in the floor area is proposed. 9. A reduction in the area reserved for common open space and/or usable open space that reduces the open space area below the minimum required by the code or reduces the open space areas by more than ten percent. Table 18.520.2, Commercial Development Standards, requires a minimum landscaped area of 15% and a maximum site coverage (including all buildings and impervious surface) of 85%. The applicant does not propose any reduction of open space in conjunction with the internal improvements of the building. However, the applicant's site plan shows nine parking spaces in the rear of the building. The Clean Water Services provider letter for this project dated April 18, 2006, states the terms under which encroachment into the vegetative corridor for Fanno Creek can occur. Any improvements to the parking area shall be consistent with the CWS provider letter and not reduce the open space area by more than 10%. 10. A reduction of project amenities (recreational facilities, screening; and/or, landscaping provisions) below the minimum established by the code or by more than ten percent where specified in the site plan. The proposed internal building improvements would not reduce any existing screening or landscaping that may exist on the subject site. 11. A modification to the conditions imposed at the time of Site Development Review approval that is not the subject of criteria (B). 1 through 10 above. The site was developed prior to the current development code and, therefore, no site development review approval was obtained for the existing building. THIS REQUEST HAS BEEN APPROVED BY THE PLANNING DEPARTMENT. PLEASE SUBMIT A COPY OF THIS LETTER WITH YOUR BUILDING PERMIT APPLICATION. This request is determined to be a minor modification to an existing site. The Director's designee has determined that the proposed minor modification of this existing site will continue to promote the general welfare of the City and will not be significantly detrimental or injurious to surrounding properties provided that, development which occurs after this decision complies with all applicable local, state, and federal laws and the following condition of approval: August 9,2006 2 Minor Modification Request,MMD2006-00008 CONDITIONS: 1. Prior to final inspection approval,improvements exterior of the building within the vegetated corridor shall be consistent with the standards identified in the Clean Water Services Provider Letter for this project, dated April 18, 2006. The applicant shall provide the City with a revised site plan and letter approval from CWS for any such improvements. 2. Prior to final inspection approval, the applicant shall remove the curb drops and replace them with standard curb in order to eliminate on-site parking in the front of the building. If you have any questions,please feel free to call me at 503-639-4171 ext. 2434. Sincerely, Gary Pagenstecher Associate Planner CC Marvin Bowen, Boti Enterprises LLC, 5127 SW Multnomah Blvd, Portland, OR 97219 August 9,2006 3 Minor Modification Request,MMD2006-00008 APPLICANT MATERIALS 05/12/2'J06 5: 18 FAX 5035981960 CITY TIGARD 01001 d pale r OaVC) • PRE-APR HELD BY: f ��, CITY OF TIGARD PLANNING DIVISION (1Z 13125 SW HALL BOULEVARD TIGARD, OR 97223-n EIVE 503.639,4171/503.684,7297 D CITY OF TIGARD/-S\ OREGON LAND USE PERMIT APPLICATION MAY .17 2006 File#1 (— 9-01)&2 -QOat'131 Other Case#1 Pte-fib-f(rtro SJ CITY-Or NING E GINS D � y PLANNING/ENGINEERING Date 5/U?(pro By, 5 'T/EPI'r Receipt# , 'v 4-'' O I City ICI Urb l Date Complete TYPE OF PERMIT YOU ARE APPLYING FOR ❑Adjustment/Variance (I or II) ❑ Minor Land Partition (II) ❑Zone Change (III) ❑ Comprehensive Plan Amendment(IV) ❑ Planned Development (III) ❑ Zone Change Annexation (IV) ❑ Conditional Use (III) ❑ Sensitive Lands Review (I, II or III) ❑Zone Ordinance Amendment(IV) ❑ Historic Overlay(II or III) ' Site Development Review(II) ❑ Home Occupation (II) [] Subdivision (II or III) • • •• TV- , "s-• • • • • •••ressi avala•e 25C v SW 1i - „✓ sr , 4-i-J Of 9722-7 25/6 LA C_6 o • • • •• , ,, • ,. G o 7-7" , ,v ed-A/LI`r rek-h -7)(.1 k() poe-th",.. 2-t ,SD 3 — Z 40306 .5 3 `7-53 — /054) -4 11711 , ,Sa �- zs'C -03cz �!I.J�'fv?D ceI( --•- - - •^` - • -•II• - -ac is i more an one to'A ,'N , ved e✓/2S C- GG /.63 2— Q.0,4 4-1 < c., � 2°' e-44. 0 — •/C. - ..�. 'a. •V- ••• -Z 3 G -- / �. �.1- u3 -6.36 —210°3 When the owner and the applicant are different people, the applicant must be 'hp purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The ners must sign this application in the s•ace •rovided on the back of this form or submit a written authorization with this a•plication. --ID-. • 111••• - -ease •e specs is APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS DESCRIBED IN THE "BASIC SUBMITTAL REQUIREMENTS" INFORMATION SHEET. THE . '?PIrICANT S ALL.,CERTIFY';. AT: • If le application is grar.ted, the apI■ilcant shall exercise the rights granted in accordance with the . to -ns and subject to all the conditi.::ns and limitations of the approval. • Al the above statements and the statements in the plot plan, attachments, and e<hlbits tr< ismitted herewith, aria true: and ;he applicants so acknowledge that any permit issued, based or this application, map be revoke: if it is found that any such statements are fake. • Tl applicant has read the entire contents of the application, including the policies and criteria, ar .i understands the requirements 'or approving or denying the application(s). SIGN. 't.TURES OF EACH OWNER Of' THE SUBJECT PROPERTY ARE REQUIRE:D. LC C U y Owner s Signat a Date Ownei 'a Signature Date °valet 's Signature Date Ow nel 's Signature pate Ownea s Signature Date Pt Fs; • .r.r.//-(1/04 pIc • •gen RepresentallSignitture Date APRi is. :nt/Agent/Reprekerrtative';> ski no;ure Date rCITYOF TIGARD 5/17/2006 Ph • 13125 SW Hall Blvd. 9:27:30AM Tigard,Oregon 97223 TIGARD (503)639-4171 - Receipt #: 27200600000000002401 _ Date: 05/17/2006 Line Items: Case No Tran Code Description Revenue Account No Antount Paid 1 SDR2006-00003 [LANDUS]SDR Under$1,000,000 100-0000-438000 3,646.00 SDR2006-00003 [LRPF]LR Planning Surcharge 100-0000-438050 538.00 Line Item Total: $4,184.00 , Payments: Method Payer User ID Acct./Check No. Approval No. How Received Amount Paid Check BOTI ENTERPRISES LLC ST 1006 In Person 4,184.00 Payment Total: $4,184.00 cReceipt.rpt Page 1 of 1 RECEIVED MAY 7 2 2006 CITY OF TIGARD PLANNING/ENGINEERING • SITE DEVELOPMENT REVIEW 12562 SW MAIN STREET TIGARD, OREGON MAX'S FANNO CREEK BREWPUB INDEX 1. Pre-Application, Conference notes including pre-application conference notes, Engineering Section 2. Impact Study 3. Narrative 4. Neighborhood Meeting— documents 5. Letters: Pride Disposal, Arborist, CWS (2), Sign company 6. Site Plan and Floor Plan 7. Evidence of ownership of 12562 SW Main Street Envelopes — 2 sets stamped and labeled addressed (separate box) CITY OF TIGARD 4111„, PRE-APPLICATION CONFERENCE NOTES Co m°nyDev Mpnunt Shaping)1 Better Community (Pre-Application Meeting Notes are Valid for Six (6) Months) PFUEP.MG IAE ".-7/M/0 4c_ SRE AF�-ate: /</Y//61- a C� NON-RESIDENTIAL APPLICANT: L3et(' EV 22O42(Lie AGENT: /rl bev/h/ /304 Phone: (5-c? 3 ZL/b• 03OC Phone: ( ) .2yf, 0306 MN { GyL ie3 CLEOLi PROPERTY LOCATION: 3-03. 6 j4,, 12 ADDRESS/GENERAL LOCATION: /2s z 5a.)Of /t/- r TAX MAP(S)/LOT #(S): 2 S 01/ of NECESSARY APPLICATIONS: S'!'rr (SDR) • PROPOSAL DESCRIPTION: a0/co/in jc.z cem tVent ''yore q µif / � a b �.w Auer. y� G,00e cr.) COMPREHENSIVE PLAN MAP DESIGNATION: C&771}rient dus/#?3s )/s7tve ZONING MAP DESIGNATION: L ZONING DISTRICT DIMENSIONAL REQUIREMENTS [Refer to Code Section 18. - l MINIMUM LOT SIZE: - sq. ft. Average Min. lot width: ft. Max. buildin height: < ft. Setbacks: Front ft. Side�ft. Rear ft. Corner 0A--, ft. from street. MAXIMUM SITE COVERAGE: �, 5' % Minimum landscaped or natural vegetation area: / %. 1] NEIGHBORHOOD MEETING (Refer to the Neighborhood Meeting Handout) THE APPLICANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET, INTERESTED PARTIES, AND THE CITY OF TIGARD PLANNING DIVISION of their proposal. A minimum of two (2) weeks between the mailing date and the meeting date is required. Please review the Land Use Notification handout concerning site posting and the meeting notice. Meeting is to be held prior to submitting your application or the application will not be accepted. NOTE: In order to also preliminarily address building code standards, a meeting with a Plans Examiner is encouraged prior to submittal of a land use application. CITY OF TIGARD Pre-Application Conference Notes Page 1 of 8 NON-Residential Application/Planning Division Section NARRATIVE [Refer to Cody ipter 18.390) The APPLICANT SHALL SUBMIT A NARRATIVE which provides findings based on the applicable approval standards. Failure to provide a narrative or adequately address criteria would be reason to consider an application incomplete and delay review of the proposal. The applicant should review the code for applicable criteria. IMPACT STUDY [Refer to Code Sections 18.390.040 and 18.390.050) As a part of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to INCLUDE IMPACT STUDY with their submittal package. The impact study shall quantify the effect of the development on public facilities and services. The study shall address, at a minimum, the transportation system, including bikeways, the drainage system, the parks system, the water system, the sewer system and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication requirement, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. ACCESS [Refer to Chapters 18.105 and 18.765) Minimum number of accesses: Minimum access width: Minimum pavement width: All driveways and parking areas, except for some fleet storage parking areas, must be paved. Drive-in use queuing areas: EI WALKWAY REQUIREMENTS [Refer to Code Section 18.705.030) 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. SPECIAL SETBACKS [Refer to Code Chapter 18.730) • STREETS: feet from the centerline of • LOWER INTENSITY ZONES: feet, along the site's boundary. FLAG LOT: 10-FOOT SIDE YARD SETBACK. SPECIAL BUILDING HEIGHT PROVISIONS [Refer to Code Section 18330.010.8] 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 (1/2) of the building's height; and > The structure will not abut a residential zoned district. BUFFERING AND SCREENING [Refer to Code Chapter 18.745) In order TO INCREASE PRIVACY AND TO EITHER REDUCE OR ELIMINATE ADVERSE NOISE OR VISUAL IMPACTS between adjacent developments, especially between different land uses, the City requires landscaped buffer areas along certain site perimeters. Required buffer areas are described by the Code in terms of width. Buffer areas must be occupied by a mixture of deciduous and evergreen trees and shrubs and must also achieve a balance between vertical and horizontal plantings. Site obscuring screens or fences may also be required; these are often advisable even if not required by the Code. The required buffer areas may only be occupied by vegetation, fences, utilities, and walkways. Additional information on required buffer area materials and sizes may be found in the Development Code. CITY OF TIGARD Pre-Application Conference Notes Page 2 of 8 NON-Residential Application/Planning Division Section The ESTIMATED REC ED BUFFER WIDTHS applicable t cur proposal area are: feet along north boundary. feet along east boundary. feet along south boundary. feet along west boundary. IN ADDITION, SIGHT OBSCURING SCREENING IS REQUIRED ALONG: LANDSCAPING [Refer to Code Chapters 18.745,18.765 and 18.7051 STREET TREES ARE REQUIRED FOR ALL DEVELOPMENTS FRONTING ON A PUBLIC OR PRIVATE STREET as well as driveways which are more than 100 feet in length. Street trees must be placed either within the public right-of-way or on private property within six (6) feet of the right-of- way boundary. Street trees must have a minimum caliper of at least two (2) inches when measured four (4) feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the branching width of the proposed tree species at maturity. Further information on regulations affecting street trees may be obtained from the Planning Division. A MINIMUM OF ONE (1) TREE FOR EVERY SEVEN (7) PARKING SPACES MUST BE PLANTED in and around all parking areas in order to provide a vegetative canopy effect. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. These design features may include the use of landscaped berms, decorative walls, and raised planters. )' RECYCLING [Refer to Code Chapter 18.7551 Applicant should CONTACT FRANCHISE HAULER FOR REVIEW AND APPROVAL OF SITE SERVICING COMPATIBILITY. Locating a trash/recycling enclosure within a clear vision area such as at the intersection of two (2) driveways within a parking lot is prohibited. Much of Tigard is within Pride Disposal's Service area. Lenny Hing is the contact person and can be reached at (503) 625-6177. .® PARKING [Refer to Code Section 18.765.0401 REQUIRED parking for this type of use: if, 3/ �°a" sF r G `'�` 't y/�s�?/L! j Parking SHOWN on preliminary plan(s):-t,, 5/24 ,76 SECONDARY USE REQUIRED parking: ,Aa tad /cr c tea - 711-(---4.; 91a`` Parking SHOWN on preliminary plan(s): / V NO MORE THAN 50% OF REQUIRED SPACES MAY BE DESIGNATED AND/OR DIMENSIONED AS COMPACT SPACES. PARKING STALLS shall be dimensioned as follows: Standard parking space dimensions: 8 feet, 6 inches x 18 feet, 6 inches. Compact parking space dimensions: 7 feet, 6 inches x 16 feet, 6 inches. Note: Parking space width includes the width of a stripe that separates the parking space from an adjoining space. Note: A maximum of three (3) feet of the vehicle overhang area in front of a wheel stop or curb can be included as part of required parking space depth. This area cannot be included as landscaping for meeting the minimum percentage requirements. HANDICAPPED PARKING: All parking areas shall PROVIDE APPROPRIATELY LOCATED AND DIMENSIONED DISABLED PERSON PARKING spaces. The minimum number of disabled person parking spaces to be provided, as well as the parking stall dimensions, are mandated by the Americans with Disabilities Act (ADA). A handout is available upon request. A handicapped parking space symbol shall be painted on the parking space surface and an appropriate sign shall be posted. BICYCLE RACKS ARE REQUIRED FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in convenient locations. ❑ LOADING AREA REQUIREMENTS [Refer to Code Section 18.165.0801 - / oc/c Every COMMERCIAL OR INDUSTRIAL BUILDING IN EXCESS OF 10,000 SQUARE FEET shall be provided with a loading space. The space size and location shall be as approved by the City Engineer. CITY OF TIGARD Pre-Application Conference Notes Page 3 of 8 NON-Residential Application/Planning Division Section BICYCLE RACKS (Refer to ,1 Section 18.765) �� °//� ' s a �F 6= BICYCLE RACKS are required FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in convenient locations. ❑ SENSITIVE LANDS (Refer to Code Chapter 18.7751 The Code provides REGULATIONS FOR LANDS WHICH ARE POTENTIALLY UNSUITABLE FOR DEVELOPMENT DUE TO AREAS WITHIN THE 100-YEAR FLOODPLAIN, NATURAL DRAINAGEWAYS, WETLAND AREAS, ON SLOPES IN EXCESS OF 25 PERCENT, OR ON UNSTABLE GROUND. Staff will attempt to preliminary identify sensitive lands areas at the pre- application conference based on available information. HOWEVER, the responsibility to precisely identify sensitive land areas, and their boundaries, is the responsibility of the applicant. Areas meeting the definitions of sensitive lands must be clearly indicated on plans submitted with the development application. Chapter 18.775 also provides regulations for the use, protection, or modification of sensitive lands areas. RESIDENTIAL DEVELOPMENT IS PROHIBITED WITHIN FLOODPLAINS. ❑ STEEP SLOPES (Refer to Code Section 18.7/5.080.C) When STEEP SLOPES exist, prior to issuance of a final order, a geotechnical report must be submitted which addresses the approval standards of the Tigard Community Development Code Section 18.775.080.C. The report shall be based upon field exploration and investigation and shall include specific recommendations for achieving the requirements of Section 18.775.080.0. CLEANWATER SERVICES(CWS)BUFFER STANDARDS (Refer to R a 0 96.44/USA Regulations-Chapter 3) LAND DEVELOPMENT ADJACENT TO SENSITIVE AREAS shall preserve and maintain or create a vegetated corridor for a buffer wide enough to protect the water quality functioning of the sensitive area. Design Criteria: The VEGETATED CORRIDOR WIDTH is dependent on the sensitive area. The following table identifies the required widths: TABLE 3.1 VEGETATED CORRIDOR WIDTHS SOURCE: CWS DESIGN AND CONSTRUCTION STANDARDS MANUAL/RESOLUTION &ORDER 96-44 SENSITIVE AREA DEFINITION SLOPE ADJACENT WIDTH OF VEGETATED TO SENSITIVE AREA4 CORRIDOR PER SI • Streams with intermittent flow draining: <25% 10 to <50 acres 15 feet �► >50 to <100 acres 25 feet • Existing or created wetlands <0.5 acre 25 feet • Existing or created wetlands >0.5 acre <25% 50 feet • Rivers, streams, and springs with year-round flow • Streams with intermittent flow draining >100 acres • Natural lakes and ponds ♦ Streams with intermittent flow draining: >25% 10 to <50 acres • >50 to <100 acres 50 feet ♦ Existing or created wetlands >25% Variable from 50-200 feet. Measure • Rivers, streams, and springs with year-round flow in 25-foot increments from the starting • Streams with intermittent flow draining >100 acres point to the top of ravine(break in • Natural lakes and ponds <25%slope), add 35 feet past the top of ravin 6 4starting point for measurement = edge of the defined channel (bankful flow) for streams/rivers, delinea , wetland boundary, delineated = ng boundary, and/or average high water for lakes or ponds, whichever offers greatest resource protection. Intermitten • • -• um of 15 feet within the river/stream or wetland vegetated corridor,shall not serve as a starting point for measurement. 5Vegetated corridor averaging or reduction is allowed only when the vegetated corridor is certified to be in a marginal or degraded condition. 6The vegetated corridor extends 35 feet from the top of the ravine and sets the outer boundary of the vegetated corridor. The 35 feet may be reduced to 15 feet, if a stamped geotechnical report confirms slope stability shall be maintained with the reduced setback from the top of ravine. CITY OF TIGARD Pre-Application Conference Notes Page 4 of 8 NON-Residential Application/Planning Division Section Restrictions in the Ve( to Corridor: NO structures, devett ment, construction activities, gardens, lawns, application of chemicals, dumping of any materials of any kind, or other activities shall be permitted which otherwise detract from the water quality protection provided by the vegetated corridor, except as provided for in the CWS Design and Construction Standards. Location of Vegetated Corridor: IN ANY RESIDENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCELS or lots intended for separate ownership, such as a subdivision, the vegetated corridor shall be contained in a separate tract, and shall not be a part of any parcel to be used for the construction of a dwelling unit. CWS Service Provider Letter: PRIOR TO SUBMITTAL of any land use applications, the applicant must obtain a CWS Service Provider Letter which will outline the conditions necessary to comply with the R&O 96-44 sensitive area requirements. If there are no sensitive areas, CWS must still issue a letter stating a CWS Service Provider Letter is not required. R, SIGNS (Refer to Code Chapter 18.780) SIGN PERMITS MUST BE OBTAINED PRIOR TO INSTALLATION OF ANY SIGN in the City of Tigard. A "Guidelines for Sign Permits" handout is available upon request. Additional sign area or height beyond Code standards may be permitted if the sign proposal is reviewed as part of a development review application. Alternatively, a Sign Code Exception application may be filed for Director's review. i< TREE REMOVAL PLAN REQUIREMENTS (Refer to Code Section 18.790.030.C.) A TREE PLAN FOR THE PLANTING, REMOVAL AND PROTECTION OF TREES prepared by a certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review, planned development, or conditional use is filed. Protection is preferred over removal where possible. THE TREE PLAN SHALL INCLUDE the following: ➢ Identification of the location, size and species of all existing trees including trees designated as significant by the City; ➢ Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.790.060.D according to the following standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: �1 Retainage of less than 25% of existing trees over 12 inches in caliper requires a mitigation program according to Section 18.150.070.D. of no net loss of trees; Retainage of from 25 to 50% of existing trees over 12 inches in caliper requires that two- thirds of the trees to be removed be mitigated according to Section 18.790.060.D.; Retainage of from 50 to 75% of existing trees over 12 inches in caliper requires that 50% of the trees to be removed be mitigated according to Section 18.790.060.D.; Retainage of 75% or greater of existing trees over 12 inches in caliper requires no mitigation; ➢ Identification of all trees which are proposed to be removed; and ➢ A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. TREES REMOVED WITHIN THE PERIOD OF ONE (1) YEAR PRIOR TO A DEVELOPMENT APPLICATION LISTED ABOVE will be inventoried as part of the tree plan above and will be replaced according to Section 18.790.060.D. [ ( MITIGATION (Refer to Code Section 18.790.060.E.) REPLACEMENT OF A TREE shall take place according to the following guidelines: ➢ A replacement tree shall be a substantially similar species considering site characteristics. ➢ If a replacement tree of the species of the tree removed or damaged is not reasonably available, the Director may allow replacement with a different species of equivalent natural resource value. CITY OF TIGARD Pre-Application Conference Notes Page 5 of 8 NON-Residential Application/Planning Division Section ➢ If a replaceme' ae of the size cut is not reasonably iilable on the local market or would not be viable, tt,.. Director shall require replacement wtm more than one tree in accordance with the following formula: 0 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. Ni CLEAR VISION AREA [Refer to Code Chapter 18.795] The City requires that CLEAR VISION AREAS BE MAINTAINED BETWEEN THREE (3) AND EIGHT (8) FEET IN HEIGHT at road/driveway, road/railroad, and road/road intersections. The size of the required clear vision area depends upon the abutting street's functional classification and any existing obstructions within the clear vision area. I I ADDITIONAL LOT DIMENSIONAL REQUIREMENTS [Refer to Code Section 18.810.060] MINIMUM LOT FRONTAGE: 25 feet unless lot is created through the minor land partition process. Lots created as part of a partition must have a minimum of 15 feet of frontage or have a minimum 15-foot-wide access easement. The DEPTH OF ALL LOTS SHALL NOT EXCEED 21/2 TIMES THE AVERAGE WIDTH, unless the parcel is less than 11/2 times the minimum lot size of the applicable zoning district. CODE CHAPTERS 18.330(Conditional Use) 18.620(Tigard Triangle Design Standards) 18.765(Off-Street Parking/Loading Requirements) _ 18.340(Director's Interpretation) 18.630(Washington Square Regional Center) _ 18.775(Sensitive Lands Review) 18.350(Planned Development) / 18.705(Access/Egress/Circulation) - 18.780(signs) v"-- 18.360(Site Development Review) 18.710(Accessory Residential Units) _ 18.785(Temporary Use Permits) 18.370(Variances/Adjustments) 18.715(Density Computations) 18.790(Tree Removal) 18.380(Zoning Map/Text Amendments) 18.720(Design Compatibility Standards) 18.795(visual Clearance Areas) 18.385(Miscellaneous Permits) ✓ 18.725(Environmental Performance Standards) _ 18.798(Wireless Communication Facilities) L' 18.390(Decision Making Procedures/Impact Study) 18.730(Exceptions To Development Standards) .. 18.810(Street&Utility Improvement Standards) 18.410(Lot Line Adjustments) 18.740(Historic Overlay) 18.420(Land Partitions) 18.742(Home Occupation Permits) 18.430(Subdivisions) 18.745(Landscaping&Screening Standards) 18.510(Residential Zoning Districts) 18.750(Manufactured/Mobil Home Regulations) t- 18.520(Commercial Zoning Disficts) 18.755(Mixed Solid Waste/Recycling Storage) 18.530(Industrial Zoning Districts) 18.760(Nonconforming Situations) CITY OF TIGARD Pre-Application Conference Notes Page 6 of 8 NON-Residential ApplicationiPlanning Division Section ADDITIONAL CONCERNS OR COMA IS: PROCEDURE Administrative Staff Review. Public hearing before the Land Use Hearings Officer. Public hearing before the Planning Commission. Public hearing before the Planning Commission with the Commission making a recommendation on the proposal to the City Council. An additional public hearing shall be held by the City Council. APPLICATION SUBMITTAL PROCESS All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the Community Development Department at Tigard City Hall offices. PLEASE NOTE: Applications submitted by mail or dropped off at the counter without Planning Division acceptance may be returned. The Planning counter closes at 5:00 PM. Maps submitted with an application shall be folded IN ADVANCE to 81/2" x11". One, 81/2" x 11" map of a proposed project shall be submitted for attachment to the staff report or administrative decision. Applications with unfolded maps shall not be accepted. The Planning Division and Engineering Department will perform a preliminary review of the application and will determine whether an application is complete within 30 days of the counter submittal. Staff will notify the applicant if additional information or additional copies of the submitted materials are required. CITY OF TIGARD Pre-Application Conference Notes Page 7 of 8 NON-Residential Application/Planning Division Section • The administrative de n or public hearing will typically occ .pproximately 45 to 60 days after an application is accepteo being complete by the Planning Division. Applications involving difficult or protracted issues or requiring review by other jurisdictions may take additional time to review. Written recommendations from the Planning staff are issued seven (7) days prior to the public hearing. A 10-day public appeal p riod follows all land use decisions. An appeal on this matter would be heard by the Tigard fl 024"47-ic e= . A basic flow chart which illustrates the review process is available fr the Planning Division upon request. Land use applications requiring a public hearing must have notice posted on-site by the applicant no less than 10 days prior to the public hearing. This PRE-APPLICATION CONFERENCE AND THE NOTES OF THE CONFERENCE ARE INTENDED TO INFORM the prospective applicant of the primary Community Development Code requirements applicable to the potential development of a particular site and to allow the City staff and prospective applicant to discuss the opportunities and constraints affecting development of the site. BUILDING PERMITS PLANS FOR BUILDING AND OTHER RELATED PERMITS WILL NOT BE ACCEPTED FOR REVIEW UNTIL A LAND USE APPROVAL HAS BEEN ISSUED. Final inspection approvals by the Building Division will not be granted until there is compliance with all conditions of development approval. These pre-application notes do not include comments from the Building Division. For proposed buildings or modifications to existing buildings, it is recommended to contact a Building Division Plans Examiner to determine if there are building code issues that would prevent the structure from being constructed, as proposed. Additionally, with regard to Subdivisions and Minor Land Partitions where any structure to be demolished has system development charge (SDC) credits and the underlying parcel for that structure will be eliminated when the new plat is recorded, the City's policy is to apply those system development credits to the first building permit issued in the development (UNLESS OTHERWISE DIRECTED BY THE DEVELOPER AT THE TIME IN WHICH THE DEMOLITION PERMIT IS OBTAINED). PLEASE NOTE: The conference and notes cannot cover all Code requirements and aspects related to site planning that should apply to the development of your site plan. Failure of the staff to provide information required by the Code shall not constitute a waiver of the applicable standards or requirements. It is recommended that a prospective applicant either obtain and read the Community Development Code or ask any questions of City staff relative to Code requirements prior to submitting an application. AN ADDITIONAL PRE-APPLICATION FEE AND CONFERENCE WILL BE REQUIRED IF AN APPLICATION PERTAINING TO THIS PRE-APPLICATION CONFERENCE IS SUBMITTED AFTER A PERIOD OF MORE THAN SIX (6) MONTHS FOLLOWING THIS CONFERENCE (unless deemed as unnecessary by the Planning Division). PREPARED BY: C ' p��G1 CITY OF TIGARD PLANNING DIVISION - STAFF PERSON HOLDING PRE-APP. MEETING PHONE: 503-639-4171 FAX: 503-684-7291 EMAIL £starts first name)@ci.tigard.or.us TInE 18(CITY OF TIGARD'S COMMUNITY DEVELOPMENT CODE)INTERNET ADDRESS: www.ci.tigard.or.us H:lpattylmasters\Pre-App Notes Commercial.doc Updated: 15-Dec-04 (Engineering section:preapp.eng) CITY OF TIGARD Pre-Application Conference Notes Page 8 of 8 NON-Residential Application/Pianning Division Section . 21111111 \ 0 e , 4/ / / , ,, //V 'I lir; \\ / t , ..0 *---------V54',.------ik_ V .',.:.,:v............,:.v..."....F4F.p?..,.... \ / i A.lirob.. _ --;v:////1_,,...a/. /-z-c.-./.._ ?..c,.,2,...."..17.... 2,,,,),:,,,,::-..&.rs...7.23r ,,,.,,,, Oh \ 1* / •- ) \ ) I -44/ .\\s,_ 447V 4. .., ,.. . ..,„,.. \ .,,.,aormillogginioniA . _ • .. . 1.. _ . .....ii \ ...,„3„:„.tzmigtootogoass t.. ._:1 . .. . ........,csisisi.is.,i5:.5.,..si...,...,...i.i.;;;;:;......;....;z ::::::::::::.=„Aisszi5sisi5. ‘ ,. . 404 \ .,....,....,....,...:A.:,.......,„...,...::::.„,,i....„........„.....„....iv.F.:.,......c.z.....:::z:...,:,:.,sizssizisisiq.... „. . . . 4 .....„.„.„„:.„,„4„,y„.....,,,„,..-„:„:.....„--....., - 4 gristif::iiiiii .,. .;..4e6tinigil:.5ggggg.taii-45g1 'V?&Igggg.43.: . . .,.: ---.,:;;;;:z:::::::-;:nz:i::::::-..-~.-e:::::.:::::=',:mi.:-P..- -----.:....:::: t 14 . _ k, Or41:-.1 PRE-APPLICATION CONFERENCE NOTES 410k ENGINEERING SECTION Q ommuniloi Oregon Shaping A Better Community PUBLIC FACILITIES Tax Map[sl: 2S102AC Tax lot[sl: 1101 Use Type: SUR The extent of necessary public improvements and dedications which shall be required of the applicant will be recommended by City staff and subject to approval by the appropriate authority. There will be no final recommendation to the decision making authority on behalf of the City staff until all concerned commenting agencies, City staff and the public have had an opportunity to review and comment on the application. The following comments are a projection of public improvement related requirements that may be required as a condition of development approval for your proposed project. Right-of-way dedication: The City of Tigard requires that land area be dedicated to the public: (1.) To increase abutting public rights-of-way to the ultimate functional street classification right-of-way width as specified by the Community Development Code; or (2.) For the creation of new streets. Approval of a development application for this site will require right-of-way dedication for: 1( SW Main Street to 74 feet (3 lane Collector) SW to feet SW to feet SW to feet Street improvements: Half street improvements will be necessary along SW Main Street, to include: ® 23 feet of pavement from centerline ® concrete curb ® storm sewers and other underground utilities ® 8-foot concrete sidewalk with 5 foot planter strip ® street trees sized and spaced per TDC ® street signs, traffic control devices, streetlights and a two-year streetlight fee. Other: CITY OF TIGARD Pre-Application Conference Notes Page 1 of 6 Engineering Department Section I I street improvements will be necessary along SW , to include: feet of pavement concrete curb storm sewers and other underground utilities -foot concrete sidewalk n street trees street signs, traffic control devices, streetlights and a two-year streetlight fee. I I Other: street improvements will be necessary along SW , to include: feet of pavement concrete curb storm sewers and other underground utilities -foot concrete sidewalk street trees street signs, traffic control devices, streetlights and a two-year streetlight fee. Other: street improvements will be necessary along SW , to include: feet of pavement concrete curb storm sewers and other underground utilities -foot concrete sidewalk I street trees I I street signs, traffic control devices, streetlights and a two-year streetlight fee. Other: street improvements will be necessary along SW , to include: feet of pavement concrete curb storm sewers and other underground utilities -foot concrete sidewalk street trees street signs, traffic control devices, streetlights and a two-year streetlight fee. CITY OF TIGARD Pre-Application Conference Notes Page 2 of 6 Engineering Department Section • ❑ Other: Agreement for Future Street Improvements: In some cases, where street improvements or other necessary public improvements are not currently practical, the improvements may be deferred. In such cases, a condition of development approval may be specified which requires the property owner(s) to provide a future improvement guarantee. The City Engineer will determine the form of this guarantee. The following street improvements may be eligible for such a future improvement guarantee: (1.) (2.) Overhead Utility Lines: ❑ Section 18.810.120 of the Tigard Municipal Code (TMC) requires all overhead utility lines adjacent to a development to be placed underground or, at the election of the developer, a fee in-lieu of undergrounding can be paid. This requirement is valid even if the utility lines are on the opposite side of the street from the site. If the fee in-lieu is proposed, it is equal to $ 35.00 per lineal foot of street frontage that contains the overhead lines. There are existing overhead utility lines which run adjacent to this site along SW Prior to , the applicant shall either place these utilities underground, or pay the fee in- lieu described above. Sanitary Sewers: The nearest sanitary sewer line to this property is a(n) 8 inch line which is located in Main Street. The proposed development must be connected to a public sanitary sewer. It is the developer's responsibility to connect to the public sewer. Applicant states that the site is already serve by public sewer. Water Supply: The City of Tigard (Phone:(503) 639-4171) provides public water service in the area of this site. This service provider should be contacted for information regarding water supply for your proposed development. Fire Protection: Tualatin Valley Fire and Rescue District (South Division) [Contact: Eric McMullen, (503) 612-7010] provides fire protection services within the City of Tigard. The District should be contacted for information regarding the adequacy of circulation systems, the need for fire hydrants, or other questions related to fire protection. CITY OF 1f6ARD Pre-Application Conference Notes Page 3 of 6 Engineering Department Section • Storm Sewer Improvement All proposed development within the City shall be designed such that storm water runoff is conveyed to an approved public drainage system. The applicant will be required to submit a proposed storm drainage plan for the site, and may be required to prepare a sub-basin drainage analysis to ensure that the proposed system will accommodate runoff from upstream properties when fully developed. Detention is not required when the site is adjacent to Fanno Creek, as this site is. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) (Resolution and Order No. 00-7) which requires the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from impervious surfaces. The resolution contains a provision that would allow an applicant to pay a fee in-lieu of constructing an on- site facility provided specific criteria are met. The City will use discretion in determining whether or not the fee in-lieu will be offered. If the fee is allowed, it will be based upon the amount of impervious surfaces created; for every 2,640 square feet, or portion thereof, the fee shall be $210. Preliminary sizing calculations for any proposed water quality facility shall be submitted with the development application. It is anticipated that this project will require: X Construction of an on-site water quality facility. I 1 Payment of the fee in-lieu. A water quality facility may be required if there is a change in impervious surface area, i.e. paving the gravel parking lot or enlarging the parking lot. Other Comments: All proposed sanitary sewer and storm drainage systems shall be designed such that City maintenance vehicles will have unobstructed access to critical manholes in the systems. Maintenance access roadways may be required if existing or proposed facilities are not otherwise readily accessible. 1) 18.705.030.H.1 Provide preliminary sight distance certification for site access. 2) 18.705.030.H.3 Address the 200 foot minimum spacing standards of driveways and streets. Current access does not meet the standard and an adjustment will be required. 3) One driveway will be allowed, maximum driveway width 30 feet. 4) 18.705.030.G.2 prohibits the backward movement or other maneuvering of a vehicle within a street.. TRAFFIC IMPACT FEES In 1990, Washington County adopted a county-wide Traffic Impact Fee (TIF) ordinance. The Traffic Impact Fee program collects fees from new development based on the development's projected impact upon the City's transportation system. The applicant shall be required to pay a fee based upon the number of trips which are projected to result from the proposed development. The calculation of CITY OF TIGARD Pre-Application Conference Notes Page 4 of 6 Engineering Department Section the TIF is based on the prc ,ed use of the land, the size of the ject, and a general use based fee category. The TIF shall oe calculated at the time of building permit issuance. In limited circumstances, payment of the TIF may be allowed to be deferred until the issuance of an occupancy permit. Deferral of the payment until occupancy is permissible only when the TIF is greater than $5,000.00. Pay the TIF PERMITS Public Facility Improvement (PFI) Permit: Any work within a public right-of-way in the City of Tigard requires a PFI permit from the Engineering Department. A PFI permit application is available at the Planning/Engineering counter in City Hall. For more extensive work such as street widening improvements, main utility line extensions or subdivision infrastructure, plans prepared by a registered professional engineer must be submitted for review and approval. The Engineering Department fee structure for this permit is considered a cost recovery system. A deposit is collected with the application, and the City will track its costs throughout the life of the permit, and will either refund any remaining portion of the deposit, or invoice the Permittee in cases where City costs exceeds the deposit amount. NOTE: Engineering Staff time will also be tracked for any final design-related assistance provided to a Permittee or their engineer prior to submittal of a PFI permit application. This time will be considered part of the administration of the eventual PFI permit. The Permittee will also be required to post a performance bond, or other such suitable security. Where professional engineered plans are required, the Permittee must execute a Developer/Engineer Agreement, which will obligate the design engineer to perform the primary inspection of the public improvement construction work. The PFI permit fee structure is as follows: NOTE: If an PFI Permit is required,the applicant must obtain that permit prior to release of any permits from the Building Division. Building Division Permits: The following is a brief overview of the type of permits issued by the Building Division. For a more detailed explanation of these permits, please contact the Development Services Counter at 503-639-4171, ext. 304. Site Improvement Permit (SIT). This permit is generally issued for all new commercial, industrial and multi-family projects. This permit will also be required for land partitions where lot grading and private utility work is required. This permit covers all on-site preparation, grading and utility work. Home builders will also be required to obtain a SIT permit for grading work in cases where the lot they are working on has slopes in excess of 20% and foundation excavation material is not to be hauled from the site. Building Permit (BUP). This permit covers only the construction of the building and is issued after, or concurrently with, the SIT permit. CITY OF TIGARD Pre-Application Conference Notes Page 5 of 6 Engineering Department Section Master Permit (MST . This permit is issued for all single and multi-family buildings. It covers all work necessary for building construction, including sub-trades (excludes grading, etc.). This permit can not be issued in a subdivision until the public improvements are substantially complete and a mylar copy of the recorded plat has been returned by the applicant to the City. For a land partition, the applicant must obtain an Engineering Permit, if required, and return a mylar copy of the recorded plat to the City prior to issuance of this permit. Other Permits. There are other special permits, such as mechanical, electrical and plumbing that may also be required. Contact the Development Services Counter for more information. GRADING PLAN REQUIREMENTS FOR SUBDIVISIONS All subdivision projects shall require a proposed grading plan prepared by the design engineer. The engineer will also be required to indicate which lots have natural slopes between 10% and 20%, as well as lots that have natural slopes in excess of 20%. This information will be necessary in determining if special grading inspections will be required when the lots develop. The design engineer will also be required to shade all structural fill areas on the construction plans. In addition, each homebuilder will be required to submit a specific site and floor plan for each lot. The site plan shall include topographical contours and indicate the elevations of the corners of the lot. The builder shall also indicate the proposed elevations at the four corners of the building. PREPARED BY: ' • 3- 14-6(o ENGINEERIN; DEPARTMENT STAFF DATE Phone: 15031639-4171 Fax: [503)624-0152 document2 Revised. September 2,2003 CITY OFTIGARD Pre-Application Conference Notes Page 6 of 6 Engineering Department Section I BOTI Enterprises LLC 5127 SW Multnomah Boulevard Portland, OR 97219 March 6, 2006 City of Tigard Pre-Application Conference Request DESCRIPTION OF PROPOSAL FOR 12562 SW MAIN STREET, TIGARD, OREGON The building will be converted to a brew pub (ground floor only). The proposed changes are as follows: 1. Install 10 bbl brewing system. 2. Install kitchen with appropriate venting and fire suppression system. 3. Install 2 ADA bathrooms (M & F). 4. At back of building— cut CMU wall to provide exit to comply with fire code. 5. Near back of building, where 1-story portion is adjacent to Fanno Creek: a. remove roll type door b. install CMU wall to match existing c. install new metal door to be delivery entrance only 6. Install 2-hour rated ceiling. 7. Install new 1" water line and I" meter. 8. Tie bathrooms into sewer (requires cutting concrete floor). 9. Exterior of building— install awning on front of building. We believe the code allows the parking that presently exists with no changes required. PRE-APPLICATION ��rEIVED�`+ CONFERENCE REQUEST ; 072006 T CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223(503) 639-4171 FAX: (503) 684-7297 ,, � GENERAL INFORMATION Applicant: 6OTS £rtferpr�s es LLC FOR STAFF USE ONLY Address: 5i. 7 SUJ /✓1c.4.1 fnoma{N 614Phone:403/a24/k-o3 o, Case No.: City: Fp r4 land ne Zip: 912/ 1 Receipt No.: Application Accepted By: 7:5 - 1T E"4 r Contact Person: Ma.rUi►n Phone:4a3/„1t6-0.306 Date: 3/1/0 Property Owner/Deed Holder(s):Idi(kintS ZrtvesilroenfS LAC �`_ 'it• ./ DATE OF PRE-APP.: 1 • -+(C(!o TIME OF PRE-APP.: [/ -C Address:/6315 SO 6,90nes Merry Rd. Phone:5 3/G 36• (-t�s PRE-APP. HELD WITH: City: Lake_ Oswe gD, OK Zip: q 10 3( Rev.711/05 is\curpin\masters\revised\Pre-AppRequest.doc Property Address/Location(s): �]LJocation(s): /2 S62 SG) nla;a 5i 'ar-o( dl . REQUIRED SUBMITTAL ELEMENTS (Note: applications will not be accepted without the required submittal elements) Tax Map&Tax Lot#(s): //0 /nn Zoning: C�ONIMGrG;a ( ® Pre-Application Conf. Request Form Site Size: .r!o 0 Q '4rC S 4 COPIES EACH OF THE FOLLOWING: dBrief Description of the Proposal and any site-specific questions/issues that PRE-APPLICATION CONFERENCE INFORMATION you would like to have staff research prior to the meeting. All of the information identified on this form are required to be submitted by the applicant and received by the Planning Division a ® Site Plan. The site plan must show the minimum of one (1) week prior to officially scheduling a proposed lots and/or building layouts pre-application conference date/time to allow staff ample time to drawn to scale. Also, show the location prepare for the meeting. of the subject property in relation to the nearest streets; and the locations of A pre-application conference can usually be scheduled within 1-2 driveways on the subject property and weeks of the Planning Division's receipt of the request for either across the street. Tuesday or Thursday mornings. Pre-application conferences are 2. The Proposed Uses. one (1) hour long and are typically held between the hours of ❑ Topographic Information. Include 9:00-11:00 AM. Contour Lines if Possible. PRE-APPLICATION CONFERENCES MUST BE SCHEDULED IN ❑ If the Pre-Application Conference is for PERSON AT THE COMMUNITY DEVELOPMENT COUNTER FROM a MONOPOLE projec the applicant 8:00-4:00/MONDAY-FRIDAY. must attach . .opy •f the letter and proof in the fors, of an affidavit of IF MORE THAN 4 PEOPLE ARE EXPECTED TO ATTEND THE mailing, that 'e collocation protocol PRE-APPLICATION CONFERENCE IN YOUR GROUP, PLEASE was complet:. (see Section 18.798.080 INFORM THE CITY IN ADVANCE SO THAT ALTERNATE ROOM of the Tigar. Community Development ARRANGEMENTS CAN BE MADE TO ACCOMMODATE THE Code). �� GROUP. Filing Fe 113- --351.QD . \ . , . ‘ . 9C111711 , ■ sois.°°111 • • • • \ • 1 • aiiimill111111111111 illirIIIIIII 1 • 11111°11. ...,11.400, • • \ if \ .........ww \ 1111, \ _ _, ....--,,..a_r,..„,..,,„.„,..„ -......-. ...-....-...1.....:::-..,.....,.,,,,,- v,,,,,,... ...... :.,..-.... ::..:.::::-.-:'''''''''''':..:.:..---..''''•''''''''''' • \ .t., ' Ilk • I *4i .. , pirt • , .. . . • - ` 4r , 1.1 • . . / 4r. 4 •-•403°:/' N 0 411"41. ir • ) .,.`A•A. .• ''' ....;.,.1:,:' d' 42'„.•' .rat.,,,IY:%!;' ...• 7,,,h ' - '.. .le' 4. . )111111 • ..t Mt% ttt .......*'' If ..".".........:••• .4'.a"t''''''...'''........'':"-':''''''''........ .-".• ... 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' . ._. . :.,.........11.''11:e11.1.,%:.:`..... / • •... •.• • ' -- ..A. a March 2006 April 2006 S M T W T F S S M T W T F S 1 2 3 4 30 1 5 6 7 8 9 10 11 2 3 4 5 6 7 8 12 13 m 15 16 17 18 9 10 11 12 13 14 15 19 20 21 22 23 24 25 16 17 18 19 20 21 22 26 27 28 29 30 31 23 24 25 26 27 28 29 Tuesday, March 14, 2006 -Pre-Apps CD Meetings Early 8:00 AM 9:00 AM (9:00 AM - 10:00 AM) Pre-App 10:00 AM (10:00 AM - 11:00 AM) Pre-App (Taken Jim Page) 11:00 AM (11:00 AM-12:00 PM) Pre-App(BOTI Enterprises,LLC Marvin Bowen 246-0306 12562 SW Main Brew Pub) 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM Late Tasks Notes Shirley Treat 1 3/9/2006-4:46 PM CITY OF TIGARD 4/1/2006 :I • 13125 SW Hall Blvd. 11:06:39AM i Tigard,Oregon 97223 i t t;;v r t) (503)639-4171 Receipt #: 27200600000000001085 Date: 04/01/2006 Line Items: Case No Tran Code Description Revenue Account No Amount Paid PRE2006-10005 [LANDUS]PreApp Conf 100-0000-438000 306.00 PRE2006-10005 [LRPF]LR Planning Surcharge 100-0000-438050 45.00 Line Item Total: $351.00 °ayments: Method Payer User ID Acct./Check No. Approval No. How Received Amount Paid Check BOTI ENTERPRISES LLC ST/DLH 0998 In Person 351.00 Payment Total: $351.00 a fC _1) 1101 .47 / cReceipt.rpt Page 1 of 1 IMPACT STUDY 12562 SW MAIN STREET TIGARD, OR 97223 MAX'S FANNO CREEK BREWPUB Introduction: The site is approximately .6 acres. 26,262 sq. feet. The property encompasses Fanno Creek on both sides for approximately 87 feet from front of property. The other bank of Fanno Creek, adjacent to building runs approximately 207 feet along embankment. The property was a mattress factory (original use) and lastly a retail paint store. The application is to change the use to a brew pub, 10 barrel on-site brewing system with a restaurant. All improvements, except trash area at the back and awning on front, will be interior improvements. There will not be any alterations of the exterior of the building, except the above. Transportation System Main Street is a designated three lane collector street. A TriMet stop abuts the property line on Main Street, above Fanno Creek, on the bridge. The Trip Generation Manual (7`h Edition) has quality restaurants 89.5 trips per 1000 square of quality restaurant space. There will be approximately 2200 feet of restaurant eating space. There will be walk-in lunch patrons and there is a 400 unit apartment complex 2 blocks away. A TriMet bus stop abuts the property. There is a bike path adjoining the property. The actual trips generated will probably be less than the trip generator manual allows for a quality restaurant. There is ongoing discussion with the City of Tigard to grant an easement for a bicycle/pedestrian path along the top of the bank of Fanno Creek, which would preclude the existing access for vehicles, if an access easement with adjoing property owner is granted. School District No impact upon approving this application. Garbage Attached letter from Pride Disposal dated March 29, 2006, stating that service can be provided, Index 5. Parks No impact upon approving this application. Sewer System The sewer system is in Main Street and is adequate to service the property. Water Supply Water service is located in Main Street and is adequate to service this property. Service into the building is adequate for the planned fixture count. We intend to install a 2-hour rated sheetrock system,where required, instead of a sprinkler system. A substantial portion of the ceiling is concrete and a portion has a 2- hour rated ceiling. The nearest fire hydrant is located north of Fanno Creek bridge. It is 163' from the hydrant to the sidewalk in front of the building. Storm Drainage Clean Water Services letter dated April 18, 2006 and attached to this application, will not allow asphalt pavement in the parking lot in back of the building, except for a small area. Although Clean Water Services will allow asphalt pavement of the access, which would terminate at the graveled parking lot. We request to not be required to pave the access or a small area of the back parking lot. Also, we are discussing with the owner of the adjoining building the possibility of access easement across his property to the back parking lot of this property. NARRATIVE 12562 SW MAIN STREET TIGARD, OREGON MAX'S FANNO CREEK BREWPUB • Site Development Review 18.360 18360.90 AlOd — The existing entrance lighting on the overhang of the front of the building will illuminate the entire front of the building. 18360.90 Al Oe— Light fixtures for the back parking lot shall be in accordance with the IES standards for security and placed at heights so that light patterns overlap at a height of, feet which is sufficient to illuminate a person. 18360.90 Al 1 — Abutting the pro;nerty line on Main Street, a TriMet stop shelter exists, see site plan, Index 6. 18360.90 A 14 —All interior improvements will be in accordance with ORS Chapter 447. Zoning District Dimensional Requirement The site has 87 feet of embankment along 1 side of Fanno Creek and approximately 207 feet of embankment along the building side of Fanno Creek. The embankments are 19 feet high from current water line to top of bank. The embankments are covered with natural vegetation. The lot is approximately 26,000 feet, resulting in 21% of property having natural vegetation. The remainder of site is Fanno Creek, the existing building, and graveled area for access and parking, plus the front area of building, which is asphalt pavement. Neighborhood Meeting We have complied with all requirements, see Index 4. Access 18.704 and 18.763 There is only 1 access/egress to the back parking lot of the property. The frontage of the sidewalk in front of the building is approximately 60 feet. The access drive is approximately 125 feet from front of property to back parking lot. CWS will only allow a small area of back parking lot to be paved. See CWS letter dated April 18, 2006 in Index 5. If we are able to gain an access easement from adjacent property owner, there is an interest by the City for a bicycle/pedestrian easement over a portion of the existing access through the back parking lot. We would request that the access to the back parking lot not be paved because the possibility of an access/egress easement from adjoining property owner and an easement to the City for a bicycle/pedestrian walkway, would be a waste of money to pave the current access. An adjustment is requested for the minimal spacing standards of 200 feet between driveways. Only 1 driveway entrance possible on property, as now exists. Access width is less than 30 feet. Walkway Requirement 18.705.030 18.705.30(F)(3). We will install pavement markings from front entry door of building to sidewalk in front of the building. The distance will be less than 36 feet and will be located from entry door to the sidewalk and will be 4 feet in width, there are no obstructions in this area and will be in compliance with ADA standards. The area is in front of building paved with asphalt. Lighting exists from front of building and a lamp post near edge of property line. Landscaping 18.745, 18.765 and 18.705 A meeting was held at City of Tigard in late April 2006, with Chuck O'Leary present, representing the owner of the subject property. My impression as an attendee was that the street planting design was not formalized for Main Street. We suggest a bond be placed against the property adequate to secure installation of the landscaping requirements when the design is finalized. The parking spaces in the back of the building are less than 14 parking spaces. There are 2 existing trees abutting the parking lot, one on the Fanno Creek embankment and one on the opposite side of the back parking lot. Recycling 18.755 See attached letter from Pride Disposal dated March 29, 2006 stating that service can be provided to the site, in letters Index 5. Parking 18.765.040 See site plan attached, Index 6. Parking 5 standard vehicles and 3 compact vehicles plus 1 handicapped access for van parking. Bicycle racks (6) are shown on site plan on side of building adjacent to Fanno Creek. The distance to front entry is approximately 40 feet. Clean Water Services See letter from CWS dated May 2, 2006 stating no site assessment required or service provider letter requirement, letters Index 5. Signs 18.780 See attached drawing for proposed awning dated April 4, 2006 with drawing, Index 5. We request that the specification and sign be approved through the site development review. Tree Removal Requirement 18.790-030 (C) See letter from arborist dated March 28, 2006—no trees will be removed, Index 5. Mitigation 18.790.060 (E) No trees will be removed, not applicable. Clear Vision Area 18.295 See site map attached Index 6. The egress has 100% vision for the south west side of building and straight ahead. The pedestrian bridge over Fanno Creek allows vision to the street. The concrete wall from sidewalk is 19"high. On top of this concrete wall is a tubular steel open railing which is approximately 23"high. The railing has 2" tubular steel top and bottom rails. The vertical openings are 13"high. The dividing tubular steel is 1" between 5-1/4" horizontal opening for the length of 30 feet. There is vision to Main Street. Fanno Creek is between the property line of the property and property access/egress. The actual area of access/egress could be considered to be the effective corner of the property 18.795(30)(A). Also, the pedestrian bridge and metal railing (which causes the area to be higher than 36", was built by the City of Tigard and the property should not be penalized for lack of 100% unobstructed vision for a portion of the visual clearance requirement. Pre-Application Conference Notes —Engineering Section Right of Way Dedication The owner of property has already dedicated a portion of property to the City. If additional right of way is required to be dedicated, it will be dedicated. Street Improvement At a meeting in late April, attended by Charles O'Leary, representing the owner, there were no definite plan details upon which to do any half street improvements. We suggest a bond against the building adequate to fund future improvements. Storm Water Outlets Clean Water Services will only allow a small portion of back parking lot to be paved. There will not be any reason to pave a small area, see Index 5. We have requested not to be required to pave the parking lot and access (see comments under the Narrative) and if not required, no need for on-site water quality. If the access is required to be paved, it will be less than 2000 sq. ft. and we would request payment of fee in lieu. AFFIDAVIT OF MA,._ING/POSTING NEIGHBORhwOD MEETING NOTICE IMPORTANT NOTICE THE:APPLICANT IS REQUIRED TO MAIL;. HE CI TtO F < GAR' NEIGHBORHO?OD.?MEETING N.OTI(E;THAT PERTAINS TO;.�THI§;A ID`AVIT At- E S' . OWNERSr ARE'::MAIL'ED;NOTICE.TO>THE-ADDRE S.B LO :`'d r .: ' �A y t o.;; T f ;� • "0!.44 1 a 1 City of 'igard''I?�ah`ni . Tt rt, 0� 171214 IN . 97221 $I.48 J•,a. ;xn PPLICANTHALL;SMIT1SFFlDVt4CO 6 *Ut iCADDITON,.THE A ie MAILING: I, /k)nKv /20,P , being duly sworn, depose and say that on the /. day of //7-14 20 , I caused to have mailed to each of the persons on the attached list, a notice of a meeting to discuss a proposed development at (or near) / ZI-6 V ✓ .��+.✓ Sr- ]; 5„J , a copy of which notice so mailed is attached hereto and made a part of hereof. I further state that said notices were enclosed in envelopes plainly addressed to sai persons and wer d posited on the date indicated above in the United States Post Office located at paws��✓� f osi*--1 �:`�✓ .t/moo GZC� with postage prepaid thereon. 6ti feature (In the presence of a Notary Public) POSTING: I /df///-i ' g""' e'✓ , do affirm that I am (represent) the party initiating interest in a proposed C )44,4/4-/ C/s affecting the land located at (state the approximate location(s) IF no address(s) and/or tax lot(s) currently registered) /L c Y $v/ Alte,1 and did on the r/,C day of /I/4.-a , 20OG - personally post notice indicating that the site may be proposed for a ran,d application, and the time, date and place of a neighborhood meeting to discuss the proposal. The sign was posted at /2-ft.v Swt'- i,- S" hQ40-D (state location you posted notice on property) igna re (In the presence of a Notary Public) (THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETE/NOTARIZE) STATE OF 44c2iJ ) County of /6-6/1/4 �,,e ) ss. Subscribed and sworn/affirmed before me on the «-day of 47-- , 200, , OFFICIAL SEAL `. . J SCOTT HUTCHINSON `6OM NOTARY PUBUC-ORE GON 414 COMMISSION EMBE 929 M/ MV COMMISSION EXPIRES NOVEMBF�I 24,2007 // � N r:TARY PUBLIC OF OREGON Commission Ex•ires: / _ i Applicant, please complete the information below: NAME OF PROJECT OR PROPOSED DEVELOPMENT: TYPE OF PROPOSED DEVELOPMENT: Address or General Location of Subject Property: Subject Property Tax Map(s)and Lot#(s): h:vogin■patg1na3tereamdavit of mooing-posting neighborhood meeting.doc 2S+02A8 C'y.:• 2S102AC-00400 ALLRED LIMITED PARTNERSHIP D•. 'N&CO L • FO BOx 23144 BY FL:- • T DOLAN TIGARD OR 97281 452. • IS ST •RTLAND, •- 97213 :2A8 -'y�• 2S102AC-00900 A.A. 0 ., I'EC PARTNERSHIP FAZILAH S ADAM LLC PD 144 22066E SW GRAHAMS FERRY RD ,ARC OP 7281 TUALATIN,OR 97062 _.':2Ae `=.`_ 25102A8.02100 ANKELE ER :-N FINKE ALEX AND LOTTI AND 3457 N VVILLAME T TE BLVO HANS CHRISTIAN PORTLAND CR 97217 PO BOX 23562 PORTLAND,OR 97281 z:.!.:248 ::-:: t02A8.02000 ANKELE MAR\ N R S ■.cATHRYN ; Fl E ALEX D LOTTI ANO 10511 SW MAIN HAN ISTIAN T CARD OR 97223 PO X 62 RTLAND, 97281 2S 102A8 022C„ 25102AC-01101 CACH FAMILY REV TRUST THE & HAMMOND DAVID E & CHRISTINE N CACH GERALD C CRD SHLT TRUST 3015 SW 116TH B" LISA A/JOAN L CACH CO•TRS BEAVERTON,OR 97005 1E150 SW SUNRISE LN TIGARD O.c 97224 2S•L2AB.J16GC 29102A8.02400 CAPISTRANO NICOLAS III & HANSON DONALD E TRUST CAPISTRANO GRISTINA PO BOX 12 REVOCABLE LIVING TRuSTS WELCHES,OR 97067 6646 SW 35TH AVE PORTLAND OR 97221 25 CAC .;C0_' 102A8.02300 CLSA LA JE"A ASSCC+ATES & HA 0 NALD E TRUST H 3HLANDS ASSOCIATES ET AL PO BY AFFINITY PRCPERTY MAMAGEMENT LCHES, 97067 42 SW 6TH AVE STE #905 PORTLAND OR 97204 25'02AC0C30C 2S102AC-00800 DC LAN& CO LLC HEUVELHORST MICHAEL J BY FLORENCE ' 'DOLAN cio KADEY GEORGE S JR 45L3 NE CAMS S7 12551 SW MAIN ST PORTLAND OR 97213 TIGARD,OR 97223 2c J2AC Ou5:2C 2S102AC•01000 DU 'N & C9/C LI WEI BY FL•' CE 7 DOLAN 11053 SW WASHINGTON ST 45_ E • 15 57 PORTLAND, OR 97225 RTLAND •- 97213 2 '02AL CC?CC ` 2S102AC•01100 DCL•N & C' LC MAIN STREET LLC& BY FL•.. NCE T DOLAN DUDUNAKIS MICHAEL P a5... E • IS ET 18380 RIVER EDGE LN -•RTLAND OR 97213 LAKE OSWEGO,OR 97034 2S1028A C1400 102AB-0500 MCHUGH PHIL 8 TI RD Y OF CANYON RD INVESTORS LLC 8 131 HALL BLVD WOODARD PARK ASSOCIATES LLC ARD, 97223 5719 SW SEYMOUR PORTLAND OR 97221 25102AC•3C2.. 5102AC-002 4 MILLER PRUDENCE M TRUST TI RD Y OF BY PRUDENCE M MILLER TR 131 W HALL BLVD 4220 SW GREENLEAF DR ARD, 97223 =ORTLAND OR 97221 WA- 25102BA.C'300 2 1028A•012 MORLAN PPCPERT,ES TI R ITY OF 11 5529 SE FOSTER RD 13 W HALL BLVD PORTLAND OR 97206 GARD, 97223 1028A•01200 25102AC-00500 M OPERTIES WOODARD CHARLES L AND 552 FOSTER RD ARLIE C RTLAND OR 97206 PO BOX 23303 TIGARD,OR 97223 25102AB•u570C OREGON DEPT OF TRANSPORTATION R/W PROPERTY MGMT UNIT FILE 54888-A»763 355 CAPITAL ST NE RM 411 SALEM OR 97301 2510280.001X ROMAN CATHOLIC ARCHBISHOP OF PORTLAND IN OREGON 2838 E BURNSIDE PORTLAND OR 97214 2$102AC 00200 STEVENS PAGE N 9180 SW BURNHAM ROAD TIGARD OR 97223 5:C2AC.00 Cv STEVENSON MICHAEL J& KAY L B25 DELLwOOD DR LAKE OSWEGC OR 97034 :5102A8.0210.: THOMPSON DENNIS C 9295 SW ELECTRIC ST TIGARD OR 97223 102AC 002 T IG 0 Y OF 131 HALL BLVD T ARO.0 97223 t .. Nathan and Ann Murdock Mildren Design Group PO Box 231265 Attn: Gene Mildren T gard, OR 97281 7650 SW Beveland Street, Suite 120 Tigard, OR 97223 Sue Rorman Diane Baldwin 1 250 SW 82^c Avenue 3706 Kinsale Lane SE Tigard, OR 97223 Olympia, WA 98501 Naomi Gallucci 11285 SW 78t' Avenue Tigard. OR 97223 Michael Trigobofif 7072 SW Barbara Lane Tigard, OR 97223 Brad Spring 7555 SW Spruce Street Tigard, OR 97223 Alexander Craghead 12205 SW Hall Boulevard Tigard, OR 97223-6210 Gretchen Buehner 13249 SW 1361 Place Tigard, OR 97224 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 CPO 4M Pat Whiting 8122 SW Spruce Tigard, OR 97223 CITY OF TIGARD - EAST INTERESTED PARTIES (i:lcurpin\setup\labels\CIT East.doc) .,;;UPDATED: 21-Oct-05 Josh Thomas Gretchen Bueh -r 10395 SW Bonanza 13249 SW .. Place Tigard. OR 97224 Tigar. :•• 97224 Kristen Miller 3940 SW Edgewood Street Tigard. OR 97223 Paul Owen 10335 SW Highland Drive Tigard. OR 97224 Tim Esau °O Box 230695 Tigard. OR 97281 �PO 4B 16200 SW P cific Highway, Suite H242 Tigard, 97224 i Ross Sundberg 16382 SW 104th Avenue Tigard, OR 97224 Brian Wegener 9830 SW Kimberly Drive Tigard, OR 97224 Joseph Dyar '0285 SW Highland Drive -igard. OR 97224-4668 Rex Caffall '3205 SW Village Glenn Tigard, OR 97223 / John Frewing..- 7110 SW,Lrota Lane -igaf , OR 97223 CITY OF TIGARD - SOUTH INTERESTED PARTIES too. I of ii tiacuroln\setuo\labels\CIT South.docl UPDATED: 12-Mav-05 BOTI Enterprises LLC dba Max's Fanno Creek Brew Pub March 16, 2006 Re: Max's Fanno Creek Brevv Pub Dear Interested Party: BOTI Enterprises LLC, representing the owner of the property located at 12562 SW Main Street, Tigard, Oregon, is considering proposing a conditional use of the property to a brew pub, which will consist of a restaurant and 10 bbl micro brewing system at this location. Prior to applying to the City of Tigard for the necessary land use approvals, we would like to discuss the proposal in more detail with the surrounding property owners and residents. You are invited to attend a meeting on: Thursday, March 30, 2006 12562 SW Main Street, Tigard 6:30 p.m. Please notice this will be an informational meeting on preliminary plans. These plans may be altered prior to the submittal of the application to the city. We look forward to more specifically discussing the proposal with you. Please call me at 503/246-0306 if you have any questions. Sincerely, BOTI Enterprises L /Ma ' 4owen Manager A vicinity map is attached to identify the subject property in relation to nearby streets and the place of the meeting. PortlandMaps Detail Report Page 1 of 4 P01-l•l O n cl t/1 a rJS New Search I Mapping I Advanced I GooQIe Earth I Help 12562 SW MAIN ST -TIGARD Explorer I Property I Maps I Crime I Census I Transportation Summary I Elevation I Garbage I Hazard I Photo I Property I Water I Sew er I Tax Map I Urban Growth Boundary I Zie Code I Zoning Property & Location ' #0:17,7 7 0„...—12535 ,' f f 12500 12490 , r r " 11549 " fsr 9230 r�'4 12571 s'i 12540 dl pir`�r I257 r 'I 'f' zit �G r•'r 12562 /� r 1 r f , \ 11564 9180 AA r 1 I Zoning Property s t Zone � :t' Description n/a r` rya r' #-' ' $4 i r Overlay n/a rk �" `� �� Comp Plan ?;, ' ` "j. '' r r Comp Plan Overlay + ' r S �i r 0 , Historic District n/a r r r \ Conservation District , t r s, I r ` r f Plan District t , NRMP District l, r i , .,,a, Urban Renewal District n/a ' Zoning Map n/a : `, http://www.portlandmaps.com/detail.cfm?action=Maps&propertyid=W257683&state id=... 3/16/2006 BOTI Enterprises LLC dba Max's Fanno Creek Brew Pub 12562 SW Main Street Tigard, Oregon 97223 March 30, 2006 Re: Max's Fanno Creek Brew Pub This handout is in reference to the proposed change of use of 12562 SW Main Street Tigard, Oregon 97223 to a brewpub. Please direct any questions, comments or for any information in regards to the above proposed change of use to either of the following persons: Connie or Marvin Bowen at 503/246-0306 Sincerely, BOTI Enterprises LLC ary Bowen Manager PortlandMaps Detail Report Page 1 of 1 Po rt l ca n d M c i p s New Search I Mapping l Advanced I GoogleEarth I Help 12562 SW MAIN ST -TIGARD Explorer I Property. I Maps l Crime I Census I Trans_portation Summary I Elevation I Garbage I Hazard I Photo l Property I Water I Sewer I Tax Map I Urban Growth Boundary I Code I Zoninq Aerial Photo 2004 / '03 / '02 / '01 / '00 6" / 2' / 4' / 10' / 20' Streets: On /Off Lots: On / Off Dot: On /Off -" 1110 . • 10.' 0 i 11.. rJ aPe' :is .''' ti,„-......... M r k. ri% it,«, ,r• 01 .• ''. • i..' Y �, r •'. 'r. I , \ y , \ ' . :c •4: .'''''S '4!" 'P ..' ••, , - / ' A l't ', . t,t',..IN ■ \ .. l C "I ti , A, . '' R c' , , T \ • j, fir . \ ` ` M r \ / A,.r,. I. s•• . \ ti :fie .,..„.,4. s. i i .... • .. . . .. 01 I50i1 City of Portland, Corporate GIS 3/30/2006 THE GIS APPLE.A TIONS ACCESSED THROUGH THIS WEB SITE PROVIDE A VISUAL DISPLAY OP I:ATA FOR TOT It CONVENIENCE.EVERT REASONABLE EFFORT HAS BEEN MADE TO ASSURE THE ACCURACY OF TEE MAPS AND ASSOCIATED DATA THE CITY OF PORTLAND MAKES NO M ARRANT?,REPRESENTATION OR GUARANTY AS TO THE CONTENT.SEVI WNCE.ACCURACY.TIMELINESS OK C'OMT'LETENTSS OF ANY OF THE DATA PROVIDED HEREIN.THE USER CF THESE APPLICATIONS SHOULD NOT RELY ON THE DATA PROVIDED HEREIN FOR ANY REASON THE CITY OF PORTLAND EXPLICITLY DISCLAIMS ANY REPRESENT ATIONS AND WARRANTIES INCLUDING,WITHOUT LIMITATION,THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS POI A PARTICULAR PURPOSE THE CI fI,■E PORTLAND SHALL ASSUME NO LIABILITY FOR ANY ERRORS,OMISSIONS∎.R INACCURACIES IN THE MFORMATTON PROVIDED RPAARMSSS OF HOW CAUSED.THE CRY OF PORTLAND SHALL ASSUME NO LIABILITY FOR ANY DECISIONS MADE OR ACTIONS TELLS OR NOT TAKEN B Y THE LIMED?THE APPLICATIONS M RELIANCE LP IN ANY INFORMATION OH DATA FURNISHED HEREUNDER TO BE SURE OP COMPERE ACCURACY,PLEASE CHECK WITH CITY STAFF FOR UPDATED INFORMATION. Address I Mapping I Advanced I Google Earth I Help I About PortlandMaps © 2006 City of Portland http://www.portlandmaps.com/detail.ctin?action=Photo&propertyid=W257683&state id=... 3/30/2006 BO' JTERPRISES LLC dba ...,,X'S FANNO CREEK BREW PUB LIST OF ATTENDEES AT NEIGHBORHOOD MEETING March 30, 2006 6:30 PM 12562 SW MAIN ST TIGARD N A M E A D D R E S S (ivo'ei-() /u•G� S,td. H9� BLVD et)/&P/' - 'm:1- 77C� 97 `i122J /l7,` C/a'7%2 LP"Alf) /// A/.i. .A//V?2i 4 Pi" 171 Z/! . 4,46 28-3y $ 6e ou- c- 72C / .11e". . 1 _ A S /260 5r1 3CA) /1/1/74//1) S"7' -77 /9-f.4 h 47 72z3 . A 514 j cr invoo c) Y *C-30 ..-z) ov< 9)Z y 5*1 crim 44 £ 02 7 z 23 13 G s h ,4 v- n� 07223 NEIGHBORHOOD MEETING MARCH 30, 2006 NOTES/COMMENTS Marvin read the Statement of Purpose. 7 neighbors were in attendance. Comments "Great concept" "Bring them on. I want people down here." "Really happy. Can't imagine anything could go wrong" "I've been waiting for something like this" "We've got 400 people over there and they all will be over here" "We support you 100%" "I think you're going to bring a good group of people" "A whole new element of people" "We will do anything to help you get open" "We will put information in our monthly flyer sent to our customers" "We have a residential monthly news letter. We will put in an ad in each month, free, if you want us to" "This is what the downtown area needs to bring people here" "on-street parking— that will be good" "A-Boy parking lot— at night" "Nice bar top" 03/29/2006 14: 52 50360cc179 PRIDE DISPOSAL COMPM PAGE 02/02 ill . p *R * I *D* E DISPOSAL COMPANY P.O. Box 820 Sherwood, OR 97140 Phone: (503) 625-6177 Fax: (503) 625-6179 March 29, 2006 Boti Enterprises, LLC Attn: Marvin RE: 12562 SW Main. St enclosure We have reviewed the site plan for the above-mentioned location, and will be able to provide garbage and recycling services to this commercial building. The map shows that the inside measurements of the enclosure measure 20 feet by 10 feet. Per our conversation on March 29, 2006 the entrance to the parking lot is at least 25 feet wide. AIso per our conversation on March 29, 2006 at this time the enclosure does not show gates being attached but if gates are attached they will meet the following specifications; 20 feet inside measurement, an opening angle of at least 20 degrees and lockback mechanisms for each gate. If you have any additional questions, feel free to contact me at(503) 625-6177 *124. Sincerely, )(rat • Kristin Leichner Pride Disposal Co. 503-625-6177 *124 kristinl @pridedisposal.com Tuesday, March 28, 2005 7:48 PM David Hunter(503) 992-0169 p.01 DAVID D. HUNTER Consulting Arborist PO Box 324 Forest Grove, Oregon 97116-0324 (503) 357-4344 March 28, 2006 Mr. Marvin Bowen BOTI Enterprises, LLC 5127 SW Multnomah Blvd. Portland, Oregon 97219 Fax: 503-293-1098 Office: 503-246-0306 RE: Arborist Consultation for 12562 SW Main Street Tigard Oregon 97223. Dear Mr. Marvin Bowen, The following is a consulting arborist report concerning the trees located at 12562 SW Main Street Tigard, OR. I have done this report due to the City of Tigard City Code for a Tree Plan Requirement, 18.790.030. There are three trees located along the edges of the property. Tree l is a Bigleaf Maple (Ater macrophyllum) clump that is located just above Fanno Creek. The average DBH is 6", and the clump is 35' tall. The clump of trees grows out of a common stump. The clump of maples is in poor condition, some of the stems have died, and there is decay issues. Tree 2 is a Willow (Salim species) that is also a clump of trees with an average DBH of 6". the clump also has some maples that are 1" DBH or less mixed in. The height is 30'. The clump is in poor condition. Tree 3 is a cherry tree (Prunus species) that is growing into the fence to the west. The tree has 6" DBH, 25' tall, and is two codominant stems from the ground. The tree in poor condition dne to location of the fence and the trees have disease. Exhibit 1 give approximate location of trees on site. I understand that no trees will be removed, and only improvements to the inside of the building will be done. Thus Plan Requirements B will be met. I do not see any need to put up tree protection fencing for this project. BOTI Enterprises, LLC/David Hunter, Consulting Arborist 1 Tuesday, March 28, 2006 7:48 PM - David Hunter(503)992-0169 p.02 Recommendations. My recommendations are to monitor the trees on a yearly basis to check for further aspects of decay. The cherry tree may need to be removed at some point due to conflict with growing into the fence. This protection Plan for the trees is to not cut them or be near them when doing remodeling inside the building. Clearing of the adjacent blackberries along Fanno Creek may enhance the cx•sting site trees. Questions about this report, please give my office a call. I certify that all of the statements in the foregoing arborist report are correct to the best of my knowledge and ')elief, and are made in good faith. /t ��Z�/O G ifra 1� David D. Hunter , Consulting Arborist Date ISA Certified Arborist# PN-1068A American Society of Consulting Arborists -Registered Consulting Arborist#408 Professional Forester Exhibit 1 ov. HUIV�.A A Drawing is for illustration, not to scale. 4` OS M US: 5 �� d C°nsu��0 . L.5W /i?u cq►? • pih2 it 01 /Z57 Z kf S vim ' ("4 '! p z) z pid-dvuei 32 BOTI Enterprises, LLC/David Hunter, Consulting Arborist 2 ems/ CleanWater Services Our connmitmcnt is clef! April 18, 2006 Boti Enterprises, LLC 5127 SW Multnomah Blvd. Portland, OR 97219 Re: Service Provider Letter for Proposed Paved Parking Lot at 12562 SW Main St., Tigard, OR (TLID 2S102AC01101); CWS ER File 06-000984 Clean Water Services (District) Staff has reviewed the submitted materials for the above referenced activity on your site and found it does not meet the requirements of the Design and Construction Standards (Resolution and Order 04-09). Specifically, your application proposes paving the area to south and east of the existing building to the top of bank on Fanno Creek (see attachments). This would result in 100 percent encroachment of the vegetated corridor on the site. An access from Main Street along the east side of the existing building could be permitted as an Allowed Use under District Standards; however corridor mitigation would be required. Some encroachment for a parking lot south of the existing building could also be permitted in accordance with District Standards with the appropriate mitigation and alternatives analysis. Per Chapter 3.02,4.a.2, buffer averaging is permitted so long as maximum encroachment is no more than 20 percent of the corridor's frontage by 20 percent of the width. Additional encroachment may be permitted under a Tier 1 or Tier 2 alternatives analysis (Chapter 3.02.6.d and e). A Tier 1 alternative may allow for a corridor encroachment up to 40 percent of the corridor frontage by 30 percent of the width. Beyond this level of encroachment a Tier 2 Alternatives Analysis is required which, among other things, must demonstrate that there are public benefits of the encroachment. All levels of encroachment require a minimum of 1:1 mitigation, preferably on-site. Off-site mitigation can be permitted at a higher ratio. If you have any questions, please feel free to contact me at reisched @cleanwaterservices.org. If you desire to meet with our engineering and environmental staff to discuss these issues, please contact Jackie Humphreys at humphreysj @cleanwaterservices.org to set up a pre-design meeting. Sincerely, Damon W. Reische Environmental Plan Review Attachments (2) 2550 SW Hillsboro Highway• Hillsboro, Oregon 97123 Phone: (503)681-3600• Fax: (503)681-3603 •www.CleanWaterServices.org vV L , LVVV iL. VL IAA VV V L U V 1 V 0 0 nn l.v U n U r n u v r l l V 1.L.L V.LIW.P4 �� T� �'� r R ")A � SaJ (-GC- 3 ?,- , / 7....c-6 i 1 ns,4/ c "7-/6- 4...,0 p e ee t"`f area vufl i,> r &f '5 rs. Pre 5 e,..14 ? y,4607„/ eye i7^ ` t,.,*1' c 10--P c-t' As./�l'/7' \\ a ,( 1 0 `fo‘ , E., ie.., I , _0 .._ ,ID I ..cis (s-Ni . r �� Y...., 0 ...y, - .4„..i.sr. a 0 \\,\. 40 d.,2?. % , \ , 171'÷ 1(..71/ '\;kr/ > ..71'•‘° 6r1 • \ 4*tlf N 9 R a a T 1 -- . \ , p MAR 2 7 2006 , ..... B cLv3 m M03/29/2006 1429 FAX 5032931098 m m • • • 1110 • RAINDROP ROOFING LLC IZ]001 fll 9:00Z 5 Z bV1/1 , royled ->C1 .■• c 000 - ( 0 ev ‘,4441 1 ■ kAA1 rtv / c ".5 Yoli<1.. • May . 2 . 2006 10 :47AM PIEAN WATER SEFVICES 503 6814439 No . 2385 P . 1/1 ��_ APR 2 5 ?.006F r unm>;or r_o e- 0013 /5 j ,.ICcif`'71'atci ` S ervice4- +:ta :cr,t,a�it,nrn� I� ;1,ur. B Sensitive A a Pre-Screening Site Asasmertt Jurisdiction C 47 .e re i ,¢v-,e, Date 1/L e F Map &Tax Lot __-/....:1/0?, ,9 4 0 // o( Owner Gti%/k1, ?vr./, tv► ^4 11, !- -c Applicant Ti!.Y lti';� i a c.t4 Site Addreet� }2-a 7, „5+.�p„ r'I- Company �.. __�_. -.21111:ety, . ,.. /_j.?:.S.W..,t'11.0/1'w�+•,44.. $1✓� Proposed Ae,tivtty .,- ?., �,/h e r v. #(' City State Zip rWf�o, t/,�.,." a.e. q }z/ /►►►•e,tar. rer'oiei .., t1 o n j --�t(r- •r., �•) Gt.e -.=^,..c.-.. Phone „pi 3 - 2-'i b- O/j• - _� pC C.5�r- ,01r ,-c ry/�//, . Fax ft. 3 - z5' 3 �Lm 5.p.. .. fy submitting.; this form Ire Owner,o' Qwncr'%authorized agent or representative,acknowledges ,nd agrees ttiatt employe m of r:.lean\I.star Services have authority to enter the project site at all easoctable ti nes for the purpoae of I ,vetting project site conditions and gathering infer nation elated to the project situ, ontr.tot uRe onl anaow thla Una 1. l!f sl :i41 tic,Pvi a • . �WD071 • aWt ,;►pMt Y N Nt, Y N NA • r -I Sensitive► Arttt Comp, site Map Eli Storn,water Infrastructure maps f w ; 1 UJ mar 71._A5../(0 ____ ri �... AT t?s tt y 3c?0 _-- __-- Locally t:dopt}D d stud I is or maps n ---� Other i LQ Specify . ._. l . Li' Specify_ 3 eta Based on a review of tho aIEUrove ii a formation end the requirements of Clean Water Services Design tine Construction :Manche' tE Resolution and Order No, O4-9; L., SerwItive area%,)otorrtially e;; let on site or within 200'of the site, THE APPLICAN1 MUST PERI=ORM A SI,E CEFI.TIFIC I.I ION PRIOR TO ISSUANCE OF A SERVICE PROVIDE R. if Sem:ttive Areas Bxlst on the Ite or within 200 feet On adjacent properties, a Naturnt Re6rurces Assessment Rep.;: t may also be required. t Sons Idve areas in not apps:r to exist on site or within 200' of the site. ThIs Are-sc;reeninii site ztssesamenl doeH NOT e I rninatn the need to evaluate and protect water que►lit,' sensitive carves I'they are seu i,sequentiy discovered, This document will serve es :pour serv;ca Prcv1del' letter as rec ;;iced by Resolution and Order 04-9, Section 3.02,1, ,c,II re:qu Trod permits and alpprov.0 le must be obtained and completed under applicable. local, state,:end eerier,!t law. a The proposed en tivity floes r Jit meet the definition of development. NO SITE ASS[ SSMENT OR c,ERVICE PROVIDER !_E1 'ER IS REQUIRED. . Reviewer Ccmments: Reviewed Ely: r„ Duce ` 6 il r ....�()t' itcial use only MOT Post-it"Fax Note 7671 Date 5A Oc ages► / Relurngd tcc.ttpplicant ■ T o From / 'J ocl hfitsi A 1(r!A Fax (:oun ter Co./Dept 5��{ C. Co. /'r„ {., Dale ... r �_.....Bl'�c , ,r Jojj(jaerfe4b,s VWf ✓ .. Phone a /j Phone k Jro348/•Stoo ...,� .._.. __.. _-I 7 Fax tf 3 ,A.,3 . loge --Fax# ■ i -wry. .r 7 -Iiirr / I F/ I Materials: SignTech Eradicolor #2020 ti Burgundy & #4048 Dark .. • immigiaill 4,'�. Green; White; Ivory, Black & t'' Golden Yellow Graphics 4. ttA —''—'• Ajax. N0 CREEK ��e r> FAN rn w rue • , • • .WA . ._ -.'f '- frr 1 .747., ��.1, NI ax's ® . ,, . .N0 CREEK ® - „boo. . L O _n iu �1 11 � amil, � �, Our showroom Max's Fanno Creek Brew Pub Approved Date P ike 503-624-5600 Drawing:0 4-564-3-06-B NOTE:Artist's Intent&C-soo- 66 9,7z w[wv.�rs: opyrighf: This drawing and other drawings produced(or this projec:t are considered intent drawings.My stated dimensions a Y 1 Y• s• www. knew.. descriptions of materials and their uses are included only as an intention and best estimate of how to "t'„' .wm or intended perspective may be necessary in order to fabricate a finished proceed mp Some interpretation o scale,color,size,property of Pike 7300 SW Landmark tn. snlcsxun Awning company and may not be reproduced in any manner without expressaw�it-cent of same.All primary and Ys o i drawing and/or is the property of Pike Mr 11111nr+sn.an 300SrL.OR 97224 Y P 1 iSW Landmark Ln Q u o to t o n Portland,OR 97224 ke7300(503)624-5600 w w N r ■ e CO Fax 968-5440 y‘ a 1-800-866.9172 J 1111111 www.dan@plkeawning.com Date:April 4,2006 'IFA1' Name Project Max's Fanno Creek Brew Pub 12562 SW Main St. Tigard, Oregon 97224 Contact: Marvin Phone: (503) 246-0306 Fax: (503) 293-1098 • Included (1) Vertical Face Awning Fabric ; Cooley Brite, backlit fabric (5 year Manuf.warranty) Frame ; 1-1/4" sq. alum. tube with welded joints (mill finish) Graphics ; Translucent vinyl (assorted colors) Installed ; to existing building overhang Size ;g►'-6" tall x 50'-0" long MAIN S r, U U z z -fnrlesurr Conoact yanoact Standard Compact Standard Standard Standard Cotw -i SITE PLAN / SCALE IN FEET BOTI ENTERPRISES LLC 12562 S.W Main St Tigard, Oregon Project Date: May 9, 2006 SKE -1 F/vv.• ?/4/4 - . z 1 C. v ,S•Lv Alif,',v S 1 NSF ., Q 1-4-- _ �_____- _ ---- - • •� 11 • r• • ma 4 1 o --- 1—_ Ci)- N s 11 (• I _ . ■■ • •■ ■ MINI 1111111711 • _el_. ._ Ik . 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A C.4-/G / h - /2- May 12 2006 11 : 39AM F LASERJET FAX 0^0-000-000Q p. 1 '°'"`" "'we" 2006.012608 15 CSAN/2aOa Ot MSd2:00 PM ooM Mat ietate{PIMP= (, et s to tans sit u •teed *sue Recording Requested By: Equity Advantage,Incorporated ��..r�yr•y s.........,.....,,n,..; weohh' ��Awe••�er�wrs..•aawerw«ar , GRANTOR'S NAME M.�.ewi, �� 1re� C'•-+';.��'� Advantage Equities LLC 4034 wne Adeee-,ewn»a.ti • One Centerpointe Drive,Suite 300 Lake Oswego,Oregon 97035 GRANTER'S NAME Wilking Investments V, LLC 23679 Calabasas Rosd Calabasas,California 91302 After recording return for Equity Advantage,incorporated One Centerpointe Drive,Suite 300 Lake Oswego,Oregon 97035 Send Tax Statements to: Walking investments V, LLC 23679 Calabasas Road Calabash,California 91302 WARRANTY DEED Advantage Equities LLC 4034,Qrancor,conveys and warrants to Wilking Investments V,LLC,Grantee,the following described real property.free and clear of encumbrances except as apecificaily set forth herein,situated In the County of Washington and State of Oregon, Set Exhibit"A"attached hereto and by reference made a part hereof. Property Tax Accotmt Number: R461789 The property is free from all encumbrances,except: Refer to attached Exhibit"8" THIS INSTRUMENT WILL NOT ALLOW USE OP THE PROPERTY DESCRIBED IN THIS INSTRUMENT Ut VIOLATION OF APPUCABLE LAND USE LAWS AND REOULAT1ONS.BEFOIUS MONMa OFACCEYTINO THIS INSTRUMENT,THE PERSON ACQUIRING FEB TITLE TO THB PROPERTY SHOULD CHECK WTf H THE APPROPRIATE CTTY OR COUNTY PIANNINO DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY UMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30930. The true consideration for this conveyance Is$0 pursuant to IRC 1031 Tan Deferred Exchange. Dated: January 31,2006 Adventaa Equities LLC 4034 By: Bg ally Adveatase.bcoryor,rted, sale member of 1 Advastye Bgrides LLC 4034 B y. norms N.Meats,Pr stdem STATE OF OREGON COUNTY OF CLACKAMAS)SS; This instrument was acknowledged before me on this al day of 3' Y, 14,4 by Thomas N.Moore.President of Equity Ad ... •e.Incorporated,sole member Advantage Equities LLC 4034, ry Public for Oregon • r ... n. .;, commission expires: 5411/4 1 Amer'A.O0R1tglJUS mown,M,suc.DON V.t/ solarigON MO.WWI _ . . W=2+ .:. .. ,.. • 1 24203141 • LASERJET FRX "00-000-0000 p. 2 Ma 12 2006 11 : 39RM • • ✓. EXHIBIT"A" Being a part of the George Richardson Donation Land Claim No.38,in Township 2 South,Range 1 East,Y4Saamette Meridian,in the County of Washington and State of Oregon,to-wit Beginning at a point in the center of Taylors Ferry Road in the George Richardson Donation Land Claim No.38 in Section 2,Township 2 South,Range 1 West of the Willamette Meridian;In the County of Washington and State of Oregon,which said beginning point is reached by beginning al a point on the North line of said Richardson Donation Land Ctekn which is the Northeast corner of the George Freeing and in said claim,and running South 42'1.5'East 30 feet to a point In the center of said Taylor's Ferry Road;thence foaming the center of said road North 48271 East 639.9 feet to the angle in said road; thence along the center of said road North 71'53'East 389.60 feet to a point;thence North 57'6<'East 250 feat along the center line of said Taylor's Ferry Rood to the true point of beginning of the parcel herein described;thence North 57' 54'East 117.00 feel along the center line of said Taylor's Ferry Road to a point at the most Northwesterly cornet of Tract.1 in Burnham Tract,a recorded plat in the Records of Washington County,Oregon; thence South 49'30'East 128.70 feet along the Westerly line of said Tract 1 to an Iron r5ipe;thence South 16'15'East 126.40 feet along the Westerly fine of said Tract 1 to an iron pipe at the most Southwesterly corner of said Traci I and the most Northwesterly comer of Tract 2 of said Burnham Tract;thence South 4'15'East 115.65 feet along the Westerly ilne of said Tract 2 to an iron rod;thence North 43'02'West 352.90 feet to a point in the center tine of said Taylor's Ferry Road and true point of beginning of the herein described tract, EXCEPTING'THEREFROM that portion deeded to Hammond Properties LLC,an Oregon limited kabtlty company by Bargain and Sale Deed recorded March 8,2000,Fee No.2000-018448 and rerecorded September 13,2000, Fee No..2000-074126. • • • • • • May 12 200G 11 : 39RM ' LRSERJET FRX '100-000-0000 p. 3 se J d EXk18fT"B" The herein demoted practises are hAfl the boonds$es of and abject to the ttitita7 parsers,Inducting dse power of assessment or Chen Water denims,tonally kritaints Wiled SWAMP AQenyy. Rights of the public in ar,d to any portion of Be heriekh described premises lying within the boundaries d itreals,roads or highways. Eatsement tndudtrg the terms end provision.thereof For :Use of an @cloining properties wall Granted to :Ad}dnitg property to dm Southwest Recorded :January 16,t19 Book :413 Pepe :436 Affects :Sovdn vesterty portion . tenement,bciu3np the terms and prortebns thereof For ;cables,condufs,anchors and fixtures for telephone end leiapraph purposes Granted to :West Colt Telephone Company,a wrporation Recorded ;March 22,1902 Book :459 Page 612 Affects Exact tocsdton not dtsdosed Easement,Includhp he teme and provlskre thereof For :Access road Granted to :Adjolntro property to the Southwest Recorded :May 2,1987 Book :640 Pape :223 Affects :16 foot strip+long the Nortt*utty and 8oubeutedy lot Anse Easement.inducting the tams and provisions hereof: For :Distribution the Granted to :Portiend General Electric Company.an Oregon=pastiest Recorded :June 2Z, 1957 Book :647 Pape :239 Affects :Southerly porton • • • ADDITIONAL DOCUMENTS May 30, 2006 CITY OF TIGARD Marvin Bowen OREGON Boti Enterprises LLC 5127 SW Multnomah Blvd Portland, OR 97219 RE: Completeness Review-Max's Brew Pub (Case File No. SDR2006-00003) Dear Mr. Bowen: The City received your application on May 17, 2006 for Site Development Review (SDR2006-00003) to change the use of an existing building from retail to an eating and drinking establishment. Staff has completed a preliminary review of the submittal materials and has determined that some elements necessary for the review have not been submitted. In order to deem the application complete, the following items are required: 1. Existing Conditions Plan. Please provide an existing conditions plan. 2. Site Plan. Please provide a revised site plan to scale for the subject property showing, all the required information including any required dedications, site access, and stream buffers identified in a CWS Service Provider Letter for the proposed use. 3. Lighting Plan. Please provide a lighting plan that shows the lighting referenced in your narrative. 4. Landscape Plan. Please provide a landscape plan that addresses the standards in 18.745 and 18.765 for screening of parking lots and shows any other landscape requirements pursuant to the buffers that may be required under CWS design standards. 5. Service Provider Letter. You're application includes two letters from CWS. File Number 06-0013515 addresses interior remodeling of the building only and concludes that for that activity no provider letter is necessary. CWS ER File 06- 000984 addresses proposed paved parking. This letter is a denial of the proposed parking. Therefore, the project does not yet have a Service Provider Letter that supports the proposed use. Damon Reische, CWS Environmental Plan Reviewer (503-681-3600), suggests that you schedule and attend a CWS Wednesday afternoon pre-design meeting to find out how your project can adequately address the CWS design standards applicable to the subject parcel. After a discussion with Mr. Reische on Friday, it appears that you may be required to provide off-site mitigation for incursion into the buffer for the proposed parking use. 13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD(503)684-2772 6. Sign Permit Application. In your narrative, you request that your proposed sign be reviewed under the site development review process. Please submit a sign application,information identified on the sign application, and a sign permit fee. 7. Driveway Spacing Adjustment Request. In your narrative you requested an adjustment for the spacing standard. We will process the adjustment with the Site Development Review, however, you will need to pay a fee in the amount of $292 (1/2 x $584). 8. Public Facilities Checklist. Please address the grading, street, sanitary, water, and stormwater issues identified in the Checklist and incorporate the new information into your revised plans and narrative. Contact Kim McMillan (718-2642) with any questions you may have regarding this list. Please provide 3 copies of submittal materials for City review for completeness. Once this additional information is submitted, staff will review the additional materials to determine if the application is complete. Once the application has been deemed substantively complete, you will need to submit a specified number of copies of your collated and bound revised materials. When these copies have been received, your application will be complete and the formal comment and review process will begin, which typically takes 6 to 8 weeks. It should be noted that staff has not reviewed the application submittal for compliance with the relevant code criteria, and that additional items may arise during the application review which may require further clarification. If you have any questions regarding your application, please don't hesitate to contact me at (503) 639-4171 ext. 2434. Sincerely, Gary Pagenstecher Associate Planner Enclosure: Public Facilities Checklist C: SDR2006-00003 Land Use File is\curpin\gary\sdr\sdr2006-00003(Max's Brewpub)\sdr2006-00003 incomplete.doc PUBLIC FACILITY PLAN - Project: Fanno Creek Brew Pub COMPLETENESS CHECKLIST Date: 5-26-06 GRADING ❑ Existing and proposed contours shown. Provide site plan with contours shown ❑ Are there grading impacts on adjacent parcels? ❑ Adjacent parcel grades shown. ❑ Geotech study submitted? STREET ISSUES ❑ Right-of-way clearly shown. Provide a site plan with the ROW shown. Does the existing ROW meet the standard? ❑ Centerline of street(s) clearly shown. Provide a plan ❑ Street name(s) shown. Provide a plan ❑ Existing/proposed curb or edge of pavement shown. Provide a plan ❑ Street profiles shown. ❑ Future Street Plan: Must show street profiles, topo on adjacent parcel(s), etc. ❑ Traffic Impact and/or Access Report Provide preliminary sight distance certification for processed access point(s) ❑ Street grades compliant? ❑ Street/ROW widths dimensioned and appropriate? Provide a dimensioned plan ❑ Private Streets? Less than 6 lots and width appropriate? ❑ Other: 1) 18.705.030.H.3, 2) Parking along Main 1) Apply and pay for an adjustment to the Street, 3) Access, 4) Address Chapter 18.810 spacing standard. Address adjustment criteria of 18.370, 2) Provide site plan that shows on-site parking in front of building to be removed and how on-street parking might be provided, 3) Show driveway with dimensions to meet standard(must be paved), 4) Provide facts, findings and conclusions for this chapter SANITARY SEWER ISSUES ❑ Existing/proposed lines shown. Show these on site utility plan ❑ Stubs to adjacent parcels required/shown? WATER ISSUES ❑ Existing/proposed lines w/sizes noted? Show these on site utility plan ❑ Existing/proposed fire hydrants shown? Show these ❑ Proposed meter location and size shown? Show these with size noted ❑ Proposed fire protection system shown? Show if applicable STORM DRAINAGE AND WATER QUALITY ISSUES ❑ Existing/proposed lines shown? Show these on site utility plan ❑ Preliminary sizing calcs for water quality/detention Provide calculations provided? ❑ Water quality/detention facility shown on plans? Show these on site utility plan REVISED: 05/26/06 ❑• Area for facility match requ,,ements from calcs? ❑ Facility shown outside any wetland buffer? ❑ Storm stubs to adjacent parcels required/shown? The submittal ' hereby deemed ❑ COMPLETE ® INCOMPLETE By: Date: 5-26-06 REVISED: 05/26/06 LAND USE APPLI .1TION D{eect: '',2oac-e,_ COMPLETENESS REVIEW COMPLETE INCOMPLETE STANDARD INFORMATION: 4g Deed/Title/Proof Of Ownership ❑- Neighborhood Mtg.Affidavits,Minutes, List Of Attendees❑, Impact Study(18.390) USA Service Provider Letter ❑ Construction Cost Estimate ❑ #Sets Of Application Materials/Plans Pre-Application Conference Notes ❑ Envelopes With Postage(Verify Count) PROJECT STATISTICS: Building Footprint Size ❑ %Of Landscaping On Site %Of Building Impervious Surface On Site O Lot Square Footage PLANS DIMENSIONED: ❑ Building Footprint A Er Parking Space Dimensions(Include Accessible&Bike Parking)❑ Truck Loading Space Where Applicable ❑ Building Height ❑ Access Approach And Aisle J Visual Clearance Triangle Shown ADDITIONAL PLANS: ❑ Vicinity Map ❑' Architectural Plan .0 Tree Inventory ❑ Existing Conditions Plan ❑ Landscape Plan ❑ Site Plan _ T Lighting Plan TREE PLAN I MITIGATION PLAN: ❑ /. (3 -- Lrvrt ) 0 jtly vtcr-t,yii-C-.. ADDITIONAL REPORTS: (list any special reports) ❑ ❑ ❑ ❑ ❑ ❑ RESPONSE TO APPLICABLE CODE SECTIONS: ❑ 18.330(Conditional Use) ❑ 18.620(Tigard Triangle Design Standards) �, 18.765(Off-Street Parking/Loading Requirements) ❑ 18.340(Director's Interpretation) ❑ 18.630(Washington Square Regional Center) ❑�-�/ 18.775(Sensitive Lands Review) ❑ 18.350(Planned Development) III 18.705(Access/Egress/Circulation) Ell 18.780(Signs) ❑ 18.360(Site Development Review) ❑ 18.710(Accessory Residential Units) ❑ 18.785(Temporary Use Permits) ❑ 18.370(Variances/Adjustments) ❑ 18.715(Density Computations) ,2 18.790(Tree Removal) ❑ 18.380(Zoning Map/TextAmendments) ❑ 18.720(Design Compatibility Standards) J 18.795(Visual Clearance Areas) ❑ 18.385(Miscellaneous Permits) ❑ 18.725(Environmental Performance Standards) ❑ 18.797(Water Resources(WR)Overlay District) ❑ 18.390(Decision Making Procedures/Impact Study) ❑ 18.730(Exceptions To Development Standards) ❑ 18.798(Wireless Communication Facilities) El 18.410(Lot Line Adjustments) El 18.740(Historic Overlay) ❑ 18.810(Street&Utility Improvement Standards) ❑ 18.420(Land Partitions) ❑ 18.742(Home Occupation Permits) ❑ 18.430(Subdivisions) ❑ 18.745(Landscaping&Screening Standards) ❑ 18.510(Residential Zoning Districts) ❑ 18.750(Manufactured/Mobil Home Regulations) • 18.520(Commercial Zoning Districts) ❑ 18.755(Mixed Solid Waste/Recycling Storage) ❑ 18.530(Industrial Zoning Districts) ❑ 18.760(Nonconforming Situations) ADDITIONAL ITEMS: /4. l)ts/ i ,7nrrn,p r, tiAttll I:\curpin\masters\revised\land use application completeness review.dot REVISED: 17-Jan-oi ANDERSON & DITTMAN, LLP ATTORNEYS AT LAW RECEIVED PLANNING TIGARD PROFESSIONAL CENTER 8865 S.W.CENTER STREET TIGARD,OREGON 97223 JUL 2 5 2006 P.O. BOX 23006 CITY OF TIGARD TIGARD,OREGON 97281-3006 DERRYCK H. DITTMAN TELEPHONE(503) 639-1121 ROGER F ANDERSON FRED A. ANDERSON. DECEASED FAX (503)639-4097 (1910-1991) July 24, 2006 Craig Dirkson Mayor City of Tigard 13125 S.W. Hall Blvd. Tigard, Oregon 97223 Dick Bewersdorff Planning Manager City of Tigard 13125 S.W. Hall Blvd. Tigard, Oregon 97223 Gary Pagenstecher Associate Planner City of Tigard 13125 S.W. Hall Blvd. Tigard, Oregon 97223 Tom Coffee Interim Director of Community Development City of Tigard 13125 S.W. Hall Blvd. Tigard, Oregon 97223 Re: Max's Fanno Creek Brew Pub, File #SDR 2006-00003 Gentlemen: I represent Marvin Bowen of BOTI Enterprises LLC. My client is planning and preparing to operate Max's Fanno Creek Brew Pub at 12562 S.W. Main Street, Tigard, Oregon. He is at the stage where city building permits need to be issued for the remodeling work to be done to the inside of the existing building. No changes are contemplated for the building exterior or the existing parking lot as the result of this use. The use "brew pub" is an outright permitted use in Ye., I I 1.42_.9 'r Co••An.•-'- 61r.1 F -�-� *)-- - /►∎J f`41.at re.r.a.. i ; 4- Mme* ✓'n 9.Y fvJ ar..� TS 1'a tr 9 1-t.• a`� p h P,— t ; �KAL_v or APJ cSo.,/4- - ••• t�r.rr4. di* ,.->' y IP.=bc.OS3 Craig Dirkson Dick Bewersdorff Gary Pagenstecher Tom Coffee July 24, 2006 Page 2 the zone. The brew pub is to be an eating and drinking establishment as defined in the Tigard code. It is not an"entertainment-oriented facility", as defined in the code. Being an established building directly abutting Main Street, the brew pub use is not required to provide additional off- street paking. The original square footage of the building will remain the same for this interior remodeling to accommodate the new pub operation. With the foregoing background in mind,the issue this letter seeks to address appears to be as set forth in the remainder of this letter. When my client made application for a building permit, he was told he would first have to receive approval from the Planning Department. When he contacted Gary Pagenstecher,my client was told that he would have to apply for a conditional use. He was told three different times the brew pub was a conditional use. He was also told the application process was required because of public safety. When he reviewed the city code,he learned that brew pubs are an expressly stated permitted use in the zone, not a conditional use. He was told that he would have to apply for a Type II site development review approval. However, upon review of the code, it clearly appears that this is not a new development as that is defined in the city code,nor is it a major modification as that term is defined by the city coder Therefore,my client should not be required to go through the lengthy, extensive and expensive submission process for new development or major modification site review that he is being requested to do as a condition to obtaining a building permit for the interior remodeling work necessary for this brew pub operation. What needs to be done, therefore, is that the Planning Department should decide that my client's interior remodeling does not require the Type H procedure, as the proposed development is in compliance with the applicable provisions, if any, of the city planning code. That decision should be communicated to the building department so that permits may issue. My client has been advised that his proposed pub is favorably anticipated as one of the primary anchor businesses for the downtown Tigard business redevelopment plans. He is eager to get it prepared for opening. He, therefore, is concerned that he seems to be encountering unnecessary roadblocks and costly delays in obtaining the permits. Please review this letter and request that the project be approved so that the building permit process may proceed forthwith. It would be appreciated if a response to this letter would be made as soon as possible. The response may be made directly to my client, as well as to me. Craig Dirkson Gam, Bewersdorff G agensteche raCofe r 41Y 24 e Page 3 , 2pp6 M client's addres MaTI 4 ,In Bowen s for this P 'OSe is: 5127 Enterprises LLC Portland' Oro Blvd MY Glie 9219 �� the city �le°Olcs fO��d sPect to plus for overcoming this upgrading dowobstacle to�e Very Tigard�d the progress d to ANDERSON u'YYours aruio Creek O working 4N&DITTMAN . DIID:srb LLP cc: De T g dFirestone Yc Dittman Marvin Bowen Gary Pagenstecher- Fwd: SDR question for Scholls Business Center in Tigard Page 1 From: "Gary Firestone" <garyf @rcclawyers.com> To: <Garyp @tigard-or.gov> Date: 7/25/2006 4:28:38 PM Subject: Fwd: SDR question for Scholls Business Center in Tigard Gary: Please review the following from Steve Morasch. While this is a different matter than the ones you are working on, the issues are essentially the same. Feel free to call to discuss. Gary This message originates from the law firm of Ramis Crew Corrigan, LLP. This e-mail message and all attachments may contain legally privileged and confidential information intended solely for the use of the addressee. If you are not the intended recipient, you should immediately stop reading this message and delete it from your system. Any unauthorized reading, distribution, copying, or other use of this message or its attachments is strictly prohibited. All personal messages express solely the sender's views and not those of Ramis, Crew, Corrigan, LLP. This message may not be copied or distributed without this disclaimer. If you received this message in error, please notify us immediately at(503) 222-4402 or reply to the e-mail address above. >>> "Morasch, Steve" <SMorasch©SCHWABE.com> 07/25/06 04:13PM >>> Gary, It was a pleasure speaking with you today about the Scholls Business Center in Tigard. As I mentioned, timing is a critical issue for my client because the tenant (church) needs to be in the new space by a certain date, and it doesn't look like there is not enough time to go through a land use process and still meet that deadline. Our client has been working with the City on this project for quite some time, and this issue about needing a Site Development Review(SDR) has just come up in the past few days. The City has taken the position that the building permit for the tenant improvements for Building T cannot be approved unless the project first obtains SDR approval as a major modification requiring a Type II process. We believe the city may be misinterpreting this section of the ordinance and have contacted you for guidance. My understanding is that the City is relying on a section of code-- 18.360.050(B)(4) -which requires SDR for changes to existing development that trigger a "change in the type of commercial or industrial structures as defined by the Uniform Building Code." This �.�, � %-{ pro-4 C r r ■4. project will change the occupancy classification from "B" (Business) to 1{1 "A" (Assembly) under Chapter 3 of the 2004 Oregon Structural Specialty Code (OSSC), which is the state adopted building code. As I understand the City's position, the change in occupancy classification is being viewed as a change in the "type" of"structure" under section 18.360.050(B)(4). My concern is that a building's occupancy classification is determined by the use of the building, whereas section 18.360.050(B)(4) refers to a change in the "type" of"structures." Thus, a change in how the Gary Pa•ensecher- Fwd: SDR question for Scholls Business Center in Tigard Page 2 building is used is not necessarily determinative of whether there is a change in the"type" of the"structure." Further, there is a separate section of the building code that governs construction types. Section 602 in chapter six of the OSSC classifies i construction into five different"types" based on the type of materials 14 O �� used in the construction. According to our architect, Sabine O'Halloran I ..�� (�w 4 o U S4. of the Ankrom Moisan firm, Building T is a Type Illb construction, and h the tenant improvements being contemplated will not change the type of 61 144-614/6'fti` construction of the structure. It will be a Type Illb before and after 4S ``u e��'��,7 the tenant improvements. '�"0 c/ u�'� / Under the familiar PGE method of statutory construction, interpretations of statutes and ordinances must give effect to the language of the words j actually used in the text and context of the ordinance. Here, the text . ) is the language of section 18.360.050(B)(4), and the context is the language of the building code in the OSSC, since that is the context referred to by section 18.360.050(B)(4). Since the language of section 18.360.050(B)(4) refers to the"type"of the"structure as defined by the Uniform Building Code,"that language must refer to the "type"of construction of the structure defined in chapter six of the OSSC, not the"use and occupancy classification" described in chapter three. To interpret section 18.360.050(B)(4)to trigger SDR upon a mere change in occupancy would require insertion of the word "occupancy" into section 18.360.050(B)(4). However, the PGE method of analysis requires that effect must be given to the words actually used and does not allow insertion of additional words through interpretation. Therefore, we believe that section 18.360.050(B)(4) does not require SDR �� i �i 0.;e. Yn A� for the tenant improvements for Building T. These improvements are `• internal to the building, and no exterior alterations are being _j� ,�/I,./Nee S D/2 if '''^-plutc proposed. The City has already determined that traffic will decrease 9 slightly as a result of the change. The proposed church use is 4. 4 • permitted outright. Thus, there does not appear to be any legitimate land use reason for the City to require SDR. Since, section 18.360.050(B)(4) does not trigger a requirement for SDR because the type of structure is not being changed, our client should not have to undertake the SDR process. We hope you will agree with the above analysis and that the City will change its position accordingly to allow out client to proceed with its building permit for the tenant improvements in a timely fashion without the delay of a Type II SDR process. Thank you for you consideration of this matter. Sincerely, k 23 • Steve C. Morasch Schwabe, Williamson &Wyatt 503-796-2498 July 25,2006 (Am� iu \ Derryk Dittman CITY OF TIGARD Anderson &Dittman,LLP OREGON 8865 SW Center Street Tigard,OR 97223 Dear Mr.Dittman: This letter is in response to your July 24, 2006 letter to clarify City requirements and expectations so that your client can move ahead with his development proposal. Initial discussions with your client about a conditional use permit concerned potential expanded access and parking into the adjacent 100-year flood plain which may have required a Type III review by the Hearings Officer. Apparently, your client is not considering such an expansion. Therefore, the pre-application notes for the March 14, 2006 Pre-application Conference identified a Type II administrative review process for your client. CDC 18.360.020 makes site development review applicable to "all new developments and major modification of existing development." CDC 18.360.030A states: Site development review for a new development or major modification of an approved plan or existing development, as defined in Section 18.120.030.A, shall be processed by means of a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.360.090. CDC 18.120.030.A.56 defines development to include "a material change in the use or appearance of a structure or land". Staff determined that a material change in the use includes a change from "general retail" to "eating and drinking establishments". The question now is whether or not your proposal is a major modification or a minor modification. To make that determination, please document specific responses to TDC 18.360.050.B.1 through 11. At issue could be criteria #4 and #7 for which you will have to provide documentation why your client's proposal doesn't meet these thresholds. We look forward to your letter addressing these issues so that your client's proposal may be processed as expeditiously as possible. Sincerely, Dick Bewersdorff Planning Manager Enclosure c: Craig Dirkson Tom Coffee Gary Pagenstecher 13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD(503)684-2772 • R ANDERSON & DITTMAN, LLP ATTORNEYS AT LAW TIGARD PROFESSIONAL CENTER 8865 S.W.CENTER STREET RECEIVED PLANNING TIGARD,OREGON 97223 JUL 2 5 2006 P.O. BOX 23006 TIGARD,OREGON 97281-3006 CITY OF TIGARD DERRYCK H. DITTMAN TELEPHONE(503) 639-1121 ROGER F.ANDERSON FRED A. ANDERSON. DECEASED FAX (503)639-4097 (1910-1991) July 24, 2006 Craig Dirkson Mayor City of Tigard 13125 S.W. Hall Blvd. Tigard, Oregon 97223 Dick Bewersdorff Planning Manager City of Tigard 13125 S.W. Hall Blvd. Tigard, Oregon 97223 Gary Pagenstecher Associate Planner City of Tigard 13125 S.W. Hall Blvd. Tigard, Oregon 97223 Tom Coffee Interim Director of Community Development City of Tigard 13125 S.W. Hall Blvd. Tigard, Oregon 97223 Re: Max's Fanno Creek Brew Pub, File #SDR 2006-00003 Gentlemen: I represent Marvin Bowen of BOTI Enterprises LLC. My client is planning and preparing to operate Max's Fanno Creek Brew Pub at 12562 S.W. Main Street, Tigard, Oregon. He is at the stage where city building permits need to be issued for the remodeling work to be done to the inside of the existing building. No changes are contemplated for the building exterior or the existing parking lot as the result of this use. The use "brew pub"is an outright permitted use in Craig Dirkson Dick Bewersdorff Gary Pagenstecher Tom Coffee July 24, 2006 Page 2 the zone. The brew pub is to be an eating and drinking establishment as defined in the Tigard code. It is not an"entertainment-oriented facility", as defined in the code. Being an established building directly abutting Main Street,the brew pub use is not required to provide additional off- street paking. The original square footage of the building will remain the same for this interior remodeling to accommodate the new pub operation. With the foregoing background in mind,the issue this letter seeks to address appears to be as set forth in the remainder of this letter. When my client made application for a building permit,he was told he would first have to receive approval from the Planning Department. When he contacted Gary Pagenstecher,my client was told that he would have to apply for a conditional use. He was told three different times the brew pub was a conditional use. He was also told the application process was required because of public safety. When he reviewed the city code, he learned that brew pubs are an expressly stated permitted use in the zone,not a conditional use. He was told that he would have to apply for a Type II site development review approval. However, upon review of the code, it clearly appears that this is not a new development as that is defined in the city code, nor is it a major modification as that term is defined by the city code'. Therefore,my client should not be required to go through the lengthy, extensive and expensive submission process for new development or major modification site review that he is being requested to do as a condition to obtaining a building permit for the interior remodeling work necessary for this brew pub operation. What needs to be done,therefore, is that the Planning Department should decide that my client's interior remodeling does not require the Type II procedure, as the proposed development is in compliance with the applicable provisions,if any, of the city planning code. That decision should be communicated to the building department so that permits may issue. My client has been advised that his proposed pub is favorably anticipated as one of the primary anchor businesses for the downtown Tigard business redevelopment plans. He is eager to get it prepared for opening. He,therefore, is concerned that he seems to be encountering unnecessary roadblocks and costly delays in obtaining the permits. Please review this letter and request that the project be approved so that the building permit process may proceed forthwith. It would be appreciated if a response to this letter would be made as soon as possible. The response may be made directly to my client, as well as to me. Craig Dirkson Dick Bewersdorff Gary Pagenstecher Tom Coffee July 24, 2006 Page 3 My client's address for this purpose is: Marvin Bowen BOTI Enterprises LLC 5127 Multnomah Blvd. Portland, Oregon 97219 My client looks forward to overcoming this obstacle to the pub's progress and to working with the city with respect to plans for upgrading downtown Tigard and the Fanno Creek Corridor. Very truly yours, ANDERSON&DITTMAN,LLP Derr/Ilk/ c H. Dittman DHD:srb cc: Gary Firestone Tigard City Attorney Marvin Bowen ANDERSON & DITTMAN, LLP ATTORNEYS AT LAW TIGARD PROFESSIONAL CENTER 8865 S.W.CENTER STREET TIGARD,OREGON 97223 P.O. BOX 23006 TIGARD,OREGON 97281-3006 DERRYCK H. DITTMAN TELEPHONE (503) 639-1121 ROGER F. ANDERSON FRED A. ANDERSON. DECEASED FAX (503) 639-4097 (1910-1991) July 27, 2006 Dick Bewersdorff Planning Manager City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Re: Max's Fanno Creek Brew Pub Dear Mr. Bewersdorff: Thank you for your prompt reply to my letter of July 24,2006. You asked that my client specifically address the criteria listed in CDC 18.360.050.B.1 through 11 in a letter, so that you may determine whether or not the proposed remodeling of the existing onsite building is a "major"or"minor" modification. Each of those criteria is considered below with particular attention paid to#4 and#7 as requested by you in your July 25, 2006 letter: 1. An increase in dwelling unit density, or lot coverage for residential development: Response: Not applicable -no dwelling units are involved. 2. A change in the ratio or number of different types of dwelling units: Response: Not applicable - no dwelling units are involved. 3. A change that requires additional on-site parking in accordance with Chapter 18.765: Response: No additional onsite parking is required. • a Dick Bewersdorff Planning Manager July 27,2006 Page 2 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code: Response: This building remodeling does not involve changes to the structure of the existing building. It is not being expanded or lessened,no structural walls are being removed, moved, or structurally modified. The remodeling involves interior cosmetic improvements only and the installation of brew pub trade fixtures. 5. An increase in the height of the building(s) by more than 20%: Response: Not applicable. 6. A change in the type and location of accessways and parking areas where off-site traffic would be affected: Response: No changes contemplated. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day: Response: This brew pub use is not anticipated to increase motor vehicle traffic to and from the site in excess of 100 vehicles per day from the vehicular trips to and from the prior use. This operation intends to focus on local trade. The site is close to local apartment developments, and local Main Street businesses, which are within walking distance. The site is in close proximity to the City's Fanno Creek Trail and bike path systems. It is anticipated that patrons will use those facilities to access the brew pub. Tri-Met buses have a stop at the Fanno Creek Bridge. We anticipate that customers will use that service to patronize our operation. The operator intends to encourage use of that service. Given the small amount of onsite parking available, we intend to discourage rather than produce motor vehicle traffic. We are not aware of recorded independent counts being available as to the average number of vehicle trips to and from this site when it was a paint store. However, Dave Spencer of Powell Paint Center,the prior occupant and operator, advises that his business generated on average 90 to 100 vehicular visits per day. (His phone number is 503/620- 7522). We estimate that(and, indeed, hope that)our vehicle traffic to and from the site by private passenger automobiles will exceed that by some number of trips, but do not believe that the increase will be as much as 100 vehicles a day. As noted above, the Dick Bewersdorff Planning Manager July 26, 2006 Page 3 limited amount of onsite parking space will itself tend to discourage a significant increase in motor vehicle trips directly to and from our proposed establishment much beyond the prior experience of Mr. Spencer. Also, the available on-street parking will not allow for much of an increase in vehicular traffic from that of the prior tenant. 8. An increase in the floor area proposed for a nonresidential use by more than 10% excluding expansions under 5,000 square feet: Response: Floor area is not being increased. 9. A reduction in the area reserved for common open space and/or usable open space which reduces the open space area below the minimum required by this code or reduces the open space area by more than 10%: Response: No reduction in open space is involved. 10. A reduction of project amenities below the minimum established by this code or by more than 10% where specified in the site plan: Response: No reduction in existing amenities is contemplated. 11. A modification to the conditions imposed at the time of site development review approval which are not the subject of B1 through 10 above of this subsection: Response: This does not appear to have applicability to this project. The applicant believes this proposed remodeling work is a minor modification for the reasons stated in thy, review of the criteria listed above. If you have any questions or requests, please contact Roger F. Anderson of this office, who will also be involved in this matter. Very truly yours, ANDERSON & DITTMAN, LLP QUA0t.p—v„s„ Roger F. Anderson for Derryck H. Dittman DHD:pgd cc: Marvin Bowen MMD2DO(o- woo 14. , CITY OF TIGARD OREGON August 18, 2006 Roger Anderson Anderson Dittman, LLP 8865 SW Center Street Tigard, OR 97223 Re: Permit No. SDR2006-00003 Dear Mr. Anderson: The City of Tigard has canceled the above referenced permit(s)and enclose a refund for the following: Site Address: 12562 SW Main St. Project Name: Max's Fanno Creek Brew Pub Job No.: N/A Refund: Check#46948 in the amount of$3,622.00. Credit card"return"receipt in the amount of$N/A. Notes: City determined that land use proposal can be processed as a Type I Minor Modification. Fees were transfered from SDR2006-00003 to MMD2006-00008 with remainder refunded to applicant, Boti Enterprises LLC. If you have any questions please contact me at(503)718-2430. Sincerely, Aq(d,vP10-4--az-- Dianna Howse Permit Specialist Enc. i:\Building\Refunds\LtrRefund-CancelPermit.doc 05/04 13125 SW Hall Blvd., Tigard, OR 97223(503)639-4171 TDD (503)684-2772 CITY OF TiGARD, GREGON 4 6 9 48 Vendor: Boti Enterprises LLC Check Date: 08/16/2006 Vendor No: Per00296 Vendor Acct No: Check Amount: $3,622.00 Invoice Number Date Description Invoice Amount Refund-Permit 08/16/2006 Sdr2006-00003/Max's Fanno Crk Brew Pub 3,156.00 Refund-Permit a 08/16/2006 Sdr2006-00003/Max's Fanno Crk Brew Pub 466.00 HE F E•F THI •• U E HA A •L•RED BACK R•UND ON WHITE PAPER CITY OF TIGARD US BANK 24-22 4 69 48 13125 S.W. Hatt Blvd. PORTLAND.OREGON 97204 1230 Tigard, OR 97223 "�I (503) 639-4171 CITY OF TIGARD Fed. I.D. # 93-0503940 VOID AFTER 180 DAYS Pay: *** Three thousand six hundred twenty-two dollars and Zero cents Date Amount 08/16/2006 $3,622.00 To the order of: Boti Enterprises LLC x~- 5127 SW Multnomah Blvd. Portland, OR 97219 �? . 1001- ;II• SECURITY FEATURES INCLUDED.DETAILS ON BACK. • , l:'1 a City of Tigard TIGARD Check Refund Request This form is used for refund requests of permit application fees paid by check transactions only. Receipts, documentation and applicant's request for refund, if applicable, must be attached to this form. Approved request due to Tidemark System Administrator by Friday at 5:00 PM for processing each Monday. Accounts Payable will route refund checks to Tidemark System Administrator for distribution and refund of case fees. VENDOR NO.: DATE: August 14, 2006 PAYABLE TO: Boti Enterprises LLC REQUESTED BY: Dianna Howse 5127 SW Multnomah Blvd. Gary P. Portland, OR 97219 i/�t*, /WA.. c c. -r-r, /2.c&-g. /9--"-4, 6:72.5-c AI Q67e. G, TRANSACTION Receipt#: 2006-2401 Case #: SDR2006-00003 INFORMATION: Receipt Date: 5/17/06 Site Address: 12562 SW Main St. Check#: 1006 Project Name: Max's Fanno Creek Brew Pub EXPLANATION: City determined that land use proposal can be processed as a Type I Minor Modification. Transfer fees from SDR2006-00003 to MMD2006-00008 in the amount of$562.00 and refund balance of$3,622.00 to applicant. EXPENDITURES: Fee Description From Receipt Revenue Account No. $Amount Example: [BUILD] Permit Fee Example: 245-0000-432000 [LANDUS] SDR Under$1,000,000 100-0000-438000 $3,156.00 [LRPF] LR Planning Surcharge 100-0000-438050 72:96°' 964 en TOTAL REFUND: $3,622.00 APPROVALS: If under$500 Professional Staff 1 If under S5,000 Division Manager 1'f _ If under$22,500 Department Manager If under$50,000 City Manager If over$50,000 Local Contract Review Board FOR TIDEMARK SYSTEM ADMINISTRATION USE ONLY Case Refund Processed: Date: j/77p 4., By: //7 I:`,Building`Refunds'.RefundCheckRequest.doc 02/28/06 8/18/2006 IIINI1 8:25AM Payment History For Tidemark SOLUTIONS- Case #: SDR2006-00003 Recorded _ Type Fee ID# Description Fees Paid Date Paid Check# Receipt# By Due History PRMT 200605170926367070 [LANDUS] SDR Under 3,646.00 3,646.00 5/17/2006 1006 27200600000000002401 CTR 0.00 $1,000,000 LRPI 200605170926492850 [LRPF] LR Planning 538.00 538.00 5/17/2006 1006 27200600000000002401 CTR 0.00 Surcharge PRMT 200608140748187540 Refund-[LANDUS] SDR -490.00 -490.00 8/14/2006 27200600000000004067 CTR 0.00 Under$1 LRPI 200608140748189570 Refund-[LRPF] LR -72.00 -72.00 8/14/2006 27200600000000004067 CTR C Planning Su PRMT 200608180819430790 Refund- [LANDUS] SDR -3,156.00 -3,156.00 8/18/2006 2006-2401 DLH 0.00 Under$1 LRPI 200608180824471810 Refund- [LRPF] LR -466.00 -466.00 8/18/2006 2006-2401 DLH 0.00 Planning Su Total Fees:$0.00 Paid:$0.00 TOTAL REMAINING DUE: $0.00 Page 1 of I CasePaymentHistory..rpt CITY OF TIGARD 8/14/2006 UPI 13125 SW Hall Blvd. 7:49:01AM Tigard,Oregon 97223 TIGARD (503)639-4171 Receipt #: 27200600000000004068 /i/E4111 Date: 08/14/2006 Line Items: Case No Tran Code Description Revenue Account No Amount Paid MMD2006-00008 [LANDUS] Minor Modification 100-0000-438000 490.00 MMD2006-00008 [LRPF] LR Planning Surcharge 100-0000-438050 72.00 Line Item Total: $562.00 Payments: - Method Payer User ID Acct./Check No. Approval No. How Received Amount Paid Check BOTI ENTERPRISES LLC DLH 1006 In Person 562.00 Payment Total: $562.00 Q, t u o o a o v ' ! ~ ~ O'O ° u C p u E a p u i 1 ,• d `� Q a g � , x� Q a) u� � v 1 tic', u c .4 3 u W ° d V cis o e. w �, a 0 +• �; 4 -o \ 1 0 v ►�,L i�4 a4 V O Q o I H a to PI 44 >~ E \ 1 0 v r, L1 H .. P4 a f1 CITY OF TIGARD ZS/t4/ZUUb 11 " 13125 SW Hall Blvd. 11 7:48:20AM Tigard,Oregon 97223 TIGARD (503)639-4171 Refund Receipt #: 27200600000000004067 ,-c7/L-72-s: 4'— Date: 08/14/2006 • Line Items: Case No Tran Code Description Revenue Account No Amount Paid SDR2006-00003 Refund- [LANDUS]SDR Under$1 100-0000-438000 (490.00) SDR2006-00003 Refund- [LRPF] LR Planning Su 100-0000-438050 (72.00) Line Item Total: ($562.00) Refund: Method Payer User ID Acct./Check No. Approval No. How Received Amount Paid Check Refund BOTI ENTERPRISES LLC 1006 In Person (562.00) Refund Total: ($562.00) Receipt Page 1 of 1 CITY OF TIGARD 5/17/2006 r� ° 'I 13125 SW Hall Blvd. 9:27:30AM Tigard,Oregon 97223 TIGARD (503)639-4171 Receipt #: 27200600000000002401 (7A/6,/V/i- _ Date: 05/17/2006 Line Items: Case No Tran Code Description Revenue Account No Amount Paid SDR2006-00003 [LANDUS] SDR Under$1,000,000 100-0000-438000 3,646.00 SDR2006-00003 [LRPF] LR Planning Surcharge 100-0000-438050 538.00 Line Item Total: $4,184.00 ayments: Method Payer User ID Acct./Check No. Approval No. How Received Amount Paid Check BOTI ENTERPRISES LLC ST 1006 In Person 4,184.00 Payment Total: $4,184.00 AfA/!`,.:-'oo -JO()D,P 4�.va c.s J (2,e. —3 .3,,s6 . y66. - 6 tea. Pt mt Page 1 of 1 • • Building Division TIGARD Request for Permit Action or Refund TO: CITY OF TIGARD Permit System Administrator 13125 SW Hall Blvd.,Tigard,OR 97223 Phone: 503.718.2430 Fax: 503.598.1960 www.tigard-or.gov FROM: ❑ Owner ❑ Applicant ❑ Contractor ®, City Staff (check one) REFUND TO: (Business ) /30 n gute.,�D? S:s C usincss or Individual) � �L V0 1 D Mailing Address: 5/2 7 S cc) il9e./Lr/vdw" // City/State/Zip: /-7‘122.7Zr 6N 9 72(7 7Z )4977"/ '//016 Phone No.: PLEASE TAKE ACTION FOR THE ITEM(S) CHECKED (1): Ei CANCEL PERMIT APPLICATION. ❑ REFUND PERMIT FEES (attach receipt,if available). ❑ REMOVE CONTRACTOR FROM PERMIT (do not cancel permit). Permit #: $ $'bR,Zc 6 ' X64.' Site Address or Parcel#: /a�� S41/'n/F/AJ S . %1, -`1 O Il 0 / Project Name: ,/995 /cfi-/r/ID -,612Z=kU ag. Subdivision Name: Lot #: EXPLANATION: s ES /1229 2 - 'ag R/9V0 6 } �a�rytr /Ph' a474/'"'"4-' -7/j4-44 se-6- i- TA Signature: 2.y Date: 0/06 Print Name: / pis l oC ,P7/ i* ,v = A0,417 4-- Td /2c x. ,9 A G7 C''\/ "ex- GA, Refund Policy °�E c�%o y c L�� %�� 1. The Building Official may authorize the refund of: a) any fee which was erroneously paid or collected. b) not more than 80 percent of the permit fee for issued permits prior to any inspection requests. c) not more than 80 percent of plan review fee when an application is canceled before any plan review effort has been expended. 2. Refunds will be returned to the original Payer in the same method in which payment was received. Rte to Sys Admin: Date By Rte to Bldg Admin: Date By Refund Processed: Date //f/04. B :!'' Invoice Processed: Date By Permit Canceled: Date ,e7/y1/4 4,, By oe., Parcel Tag Added: Date By Receipt#04-,„/1/41/ Date JIJob Method eL Amount$ I:\Building\Forms\RegPermitAction-Bfdg.d& Rev 05/24/06 j/ sE/, ,C f' Arirtf -#/T' 70 1W-16 zx -DODD"f,f2t vo 1gicg'___ • r4114,August 9, 2006 Roger Anderson ' ' - CITY OF TIGARD Anderson Dittman,LLP OREGON 8865 SW Center Street Tigard, OR 97223 RE: Minor Modification Request, Case File No. MMD2006-00008 Dear Mr.Anderson: This letter is in response to your letter to the City, dated July 27,2006,requesting a minor modification determination for the Max's Fanno Creek Brew Pub proposal,located at 12562 Main Street,WCTM 2S102AC, Tax Lot 01101. The City originally determined that a Site Development Review (SDR2006-00003) was required to change the use of an existin7 building from retail to an eating and drinking establishment. After internal review, the City has determines that the Brew Pub proposal can be processed a Type I Minor Modification (MMD2006-00008).The City will void the SDR application.Fees originally submitted for the SDR ($4,184)will be applied to the MMD ($562.) and the balance ($3,622.)will be refunded to you within two weeks. Analysis of Modification Request: Section 18.360.060 of the Tigard Development Code Site Development Review chapter, states; "any modification which is not within the description of a major modification as provided in section 18.360.050 shall be considered a minor modification." Section 18.360.050 states that the Director shall determine that a major modification(s) has resulted if one (1) or more of the changes listed below have been proposed: 1. An increase in dwelling unit density or lot coverage for residential development. The proposal does not involve residential property. 2. A change in the ratio or number of different types of dwelling units. This request does not involve a residential development. 3. A change that requires additional on-site parking in accordance with Chapter 18.765. Pursuant to Footnote #5 of Table 18.765.2, the proposed modifications to an existing building located on Main Street does not require additional on-site parking. The Site Plan submitted with the application shows nine parking spaces located in the rear of the building. Access to these spaces is between the top of bank of Fanno Creek and the existing building. The existing condition includes a graveled access and area adjacent to the rear of the building and west property boundary, which had previously been used for parking. Any improvements exterior of the building within the vegetated corridor shall be consistent with the standards identified in the Clean Water Services Provider Letter for this project, dated April 18,2006. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. The changes proposed to the commercial structure are cosmetic and not structural. The applicant has not proposed to change the type of commercial structure and would not be required to under the current building code. 5. An increase in the height of the building(s) by more than 20 percent. No change to the building's exterior is proposed. 6. A change in the type and location of accessways and parking areas where off-site traffic Page 1 of 3 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503)684-2772 would be affected. Tigard Development Code 18.705.030.G.3 states that in no case shall the design the service drive or drives require or facilitate the backward movement or other maneuvering of a vehicle within a street, other than an alley. This site currently has parking in front of the building that does not accommodate an adequate stall depth and drive aisle width. This requires a backward movement of vehicles that have parked in front of the building. Therefore, as a condition of approval, the applicant shall remove the curb drops and replace them with standard curb in order to eliminate on-site parking in front of the building. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day. The applicant states that the brew pub will focus on a local trade which anticipates patrons walking,biking and busing to the site.The applicant can encourage these modes of transportation but cannot ensure them. The applicant anticipates less than 100 acditional vehicular trips per day than were generated by the paint store (anecdotally offered by the owner of the previous paint business to be from 90 to 100 vehicular trips/day). The applicant points out that no additional parking for existing developments on Main Street is required, so any marginal increase in vehicular traffic will be limited by available on-street parking. The applicant notes that the trip generation manual (7th Edition) estimates 89.5 trips/day/1,000 square feet of quality restaurants. The proposed pub will have 2,200 square feet of eating/drinking space. Therefore, a use of this type may generate approximately 196 vehicular trips/day. This estimate may be too generous given the variety of non-vehicular transportation options available to the site, and the limit of vehicles that could otherwise be accommodated. Therefore, staff agrees that it may be unlikely that the proposed pub will increase vehicular traffic in excess of 100 additional vehicular trips/day. 8. An increase in the floor areas proposed for a non-residential use by more than ten percent excluding expansions under 5,000 square feet. No increase in the floor area is proposed. 9. A reduction in the area reserved for common open space and/or usable open space that reduces the open space area below the minimum required by the code or reduces the open space areas by more than ten percent. Table 18.520.2, Commercial Development Standards, requires a minimum landscaped area of 15% and a maximum site coverage (including all buildings and impervious surface) of 85%. The applicant does not propose any reduction of open space in conjunction with the internal improvements of the building. However, the applicant's site plan shows nine parking spaces in the rear of the building. The Clean Water Services provider letter for this project dated April 18, 2006, states the terms under which encroachment into the vegetative corridor for Fanno Creek can occur. Any improvements to the parking area shall be consistent with the CWS provider letter and not reduce the open space area by more than 10%. 10. A reduction of project amenities (recreational facilities, screening; and/or, landscaping provisions) below the minimum established by the code or by more than ten percent where specified in the site plan. The proposed internal building improvements would not reduce any existing screening or landscaping that may exist on the subject site. 11. A modification to the conditions imposed at the time of Site Development Review approval that is not the subject of criteria (B). 1 through 10 above. The site was developed prior to the current development code and, therefore, no site development review approval was obtained for the existing building. THIS REQUEST HAS BEEN APPROVED BY THE PLANNING DEPARTMENT. PLEASE SUBMIT A COPY OF THIS LETTER WITH YOUR BUILDING PERMIT APPLICATION. This request is determined to be a minor modification to an existing site. The Director's designee has determined that the proposed minor modification of this existing site will continue to promote the general welfare of the City and will not be significantly detrimental or injurious to surrounding properties provided that, development which occurs after this decision complies with all applicable local, state, and federal laws and the following condition of approval: August 9,2006 2 Minor Modification Request,MMD2006-00008 CONDITIONS: 1. Prior to final inspection approval,improvements exterior of the building within the vegetated corridor shall be consistent with the standards identified in the Clean Water Services Provider Letter for this project, dated April 18, 2006. The applicant shall provide the City with a revised site plan and letter approval from CWS for any such improvements. 2. Prior to final inspection approval, the applicant shall remove the curb drops and replace them with standard curb in order to eliminate on-site parking in the front of the building. If you have any questions,please feel free to call me at 503-639-4171 ext. 2434. Sincerely, Gary Pagenstecher Associate Planner CC Marvin Bowen,Boti Enterprises LLC, 5127 SW Multnomah Blvd,Portland, OR 97219 August 9,2006 3 Minor Modification Request,MMD2006-00008 TIGARD BUILDING DEF. PAGE 02/02 11/07/20' 6 16:23 503 3:0 106PM Cot,Tditiouks Associated With ca9e#1• MMD2096.00008 S : BO TI ENT,RPRISE S LLC 5127 SW MULTNC,MAII PORTLAND, OR 97219 • • Telephone: 503/24,5-0306 Fax No.: 503/293-2098 facsimile tansmittal To: Mar s Ba cton 503-624-3681 From:Mar in Date November 7,2006 Re: 125E 2 SNIT Main"t Tigard OR 2(including this page) cc: ❑ Urgent D For Ravi a At ❑ Please Comment ri Please Reply ❑Pis ase Recwie 3ood a$ert oon: Attached is a coFly of tit]:last page of the minor modification for the above project. The conditi;ins must be net PRIOR TO FINAL INSPECTION. We are 10,s of thousand a of dollars out of pocket and over budget because•.,f the delays c:tusec.'by the':ity misinformation,to date. Here we go again. We do not u aderstand why the city planning and engineering staff is so tnwilling to have this pi c ject be developed.1 have talked to several staff nembers of the fvllowin ,Police,Water,Building,and Street Departments;:nd all are excit,:d about the project opening. All the merchants we have talked 1 o on Malin St are very excite.l because we will bring a lot of people into Main S:. I also understand the May w sees this project as an anchor for Main St, p/ 1✓lease lift tt a moratoritnn on release of building permits. �Ai , / O N10"70 Thank You, 9(IRI,' ��'i-(��arvin ) 40ry 0 TOOfj DTI DNI30021 d0?IQlsIV21 8601c6ZcOS %V3 9S:LT 9002/LO/TT . NOV () ''' Mow 07f06 07: 28p United Engineering 5032897775 p. 1 f ' , -7 i •-,/ :E:EDI/ viVsED r .z.....‹...,.....- ....., :7;,-, 6...... 111 ' ' Z • j. '' '' ''V 'i-,•,":;7 i ,!......j. / .. 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'. !; ..;.• I ..""--- 7 1:. .ft:,,r,.c.,. ...,....:11.. .CA11.7..i ..1 r j . 11, 1; r---- i t....,`.!-....7-...j. F'll11,:',L414: '.1E1:F 7'.... ik15111.f.k.r.r4..1'.--;,..i... "7. ... . I __1X-104....4--; .'1I !.. . . 1 1 10 ' : 1 • 1 •'' I 1 i ; I I 1-11 iI I ! ; ' r ..0-4UCTURm I 1 1 : ; j_ ,: . I '4 •J7:...“ 1....s:.1 ,...i 1 i .4.i/v., i: i,, 15 .••• s. ROOF 'fRAMI-46.--...._• -..._...... .... ,...". C ,..- ....i. ../.,,,,_ . ...,.,%il• ,......:....„ ,. /4. ,--,---7---n-.--------„ z...PIRES:..:,---•-..!....D..-- / ,:.• --, "--7-',/ ."/".., 7•--..--7 1N, i I Gary PaP�c enstecher-The Pub min.in• Page 1 From: Phil Nachbar To: Kim Mcmillan Date: 10/13/2006 2:43:32 PM Subject: The Pub again. Hi Kim, I was talking with Chuck O'Leary, owner of the Pub property, and he asked about the grant for Main Street and the possibility of bonding frontage improvements for the project until we know whether we are going to reconstruct the street. I told him I would forward his idea to our staff to decide. We will know whether we will get this grant, which will include street frontage at the pub, by March 07. Then if we do get it, we would probably request that our project funding be moved up to an earlier date. If we obtained the grant, and the approval for early funding, at earliest, we could construct improvements by July of 08, since FY 07-08 would be spent on construction drawings. Given that, is July 08 a reasonable date to postpone improvements if we knew we were going to reconstruct the street at that time? The costlier improvements are for a project, the more reason there might be to bond them until we know our grant status. Thanks. Phil Nachbar Senior Planner/ Downtown Development Community Development Department City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 503-718-2557 phil @tigard-or.gov CC: Dick Bewersdorff; Gary Pagenstecher •■•■ 9 t . .•. 1g c1( . )31c111.LI_ LciA i 1-,,, 134 — I ' , r, - , ,---- , (7,_Cr \9-6,, . - ‘-• fcf) . ( )1 -( Z_ s..,. iiCAL O • •••K 1,1 0-1, 4.%_. j. L., „ 1/71'-r: ':*1'''el_.- (2- s .5 7 o • • C.- '•' «i , /, / . . ;____-- \ , t140-fir 7f 4ray-T` d /icji-,-,-(1.,, ,y,--7`....„ 4,. i( !I I I "IfleA"I'l . ?/)71 AerNti-thAVA*— Pi e e,i;le,i tisi i„ p l'o- 4._ 2-1(10 7 DA-;-0 6 ,,, illica,1“4 .1.,-,(vitcjimvio.-.7 y 4cace, %)4,2 c.‘,/ 4072,(4.44 ily-y_utiti_ c.A., ‘LI-6- eti-k-fclio---L 1, e/Cd7lidiok, APc.,1 ,,,3 jl, Ilcop 14x-i-L6141"4:I ' 114 *Ltit''f iLLAa- L'uejded-111-44 I ‘ 1-51-a 630 tt)c-N-11 cii,CAL-t e 1 64, . . , , STOP WORK / \ ORDER JOB ADDRESS OR NAME: �M 5 ?F (/P ,p PERMIT NUMBER: Alrl� 1e ' 8 _, A RESPONSIBLE PARTY(S): "asheoN -,v iii., pr-/ I $oit� ( et'e s ors• eow >I ATTENTION - YOU ARE IN VIOLATION OF THE FOLLOWING: Fit "W-, %omp x '048 _ 410 inv ro e�"�''a t1` 1 e7€4W41.41 7t tx, e0,1 4 09 Irl<A.• a"6 dot OP" • ettidaV 4 :--e, tioNA.0 4,69-7;* fe44.44e.4. „0" 4 e. i. 0°,7/),,90.0, " r arso = • . , N 1 - ra L r All responsible parties are hereby notified that any permits and approvals for this project are now suspended, and . NO FURTHER WORK SHALL BE DONE on these premises. Work SHALL NOT resume until the following conditions have been met: ✓ all violations have been remedied or mitigated as mandated by the City ✓ the City has conducted an inspection for proper completion of remedies or mitigations ✓ the City has issued a release of this Stop Work Order. The violations noted above are grounds for issuance of a Court Citation. Fines are calculated per day per violation and start at$250.00 each. Additional violations may be charged for the following: 4 failure to stop work completely 4 removal of the posted Stop Work Order Notice -* failure top perly remedy or mitigate a violations. Issued Date: 2 I d Issued By. r Signe Contact Phone:f 03'7/8'?Of Department:G m /'tT / 4 enkir DO NOT REMOVE THIS NOTICE - - - 4 y City of Tigard` 13125 SW Hall Boulevard,Tigard,Oregon 97223 * 503-639-4171 d:.' : c. .k �}f' .•"44-..,: 9Sh*a '.� rr sa%(�.° � '14,4' ?M,�' .C, rywt ':� : t .r +• s� , yr STOP WORK ORDER STOP JOB ADDRESS OR NAME: PERMIT NUMBER: ..\\N RESPONSIBLE PARTY(S): ATTENTION - YOU ARE IN VIOLATION OF THE FOLLOWING: All responsible parties are hereby notified that any permits and approvals for this project are now suspended, and NO FURTHER WORK SHALL BE DONE on these premises. Work SHALL NOT resume until the following conditions have been met: ✓ all violations have been remedied or mitigated as mandated by the City ✓ the City has conducted an inspection for proper completion of remedies or mitigations ✓ the City has issued a release of this Stop Work Order. The violations noted above are grounds for issuance of a Court Citation. Fines are calculated per day per violation and start at $250.00 each. Additional violations may be charged for the following: 4 failure to stop work completely 4 removal of the posted Stop Work Order Notice 4 failure to properly remedy or mitigate all violations. Issued Date: Issued By: Signed: Contact Phone: Department: DO NOT REMOVE THIS NOTICE City of Tigard * 13125 SW Hall Boulevard, Tigard, Oregon 97223 * 503-639-4171 Page 1 of 2 Gary Pagenstecher - FW: file 06-000984 From: "Damon Reische" <ReischeD @CleanWaterServices.org> To: <garyp@tigard-or.gov> Date: 2/2/2007 9:53 AM Subject: FW: file 06-000984 Gary, Below is an e-mail correspondence between me and Marvin of Boti Enterprises following the April 18, 2006 letter. Damon W. Reische Project Coordinator, Environmental Plan Review Clean Water Services (503)681-5106 reisched@cleanwaterservices.org From: Damon Reische Sent: Tuesday, April 25, 2006 9:31 AM To: 'MDBMEX @aol.com' Subject: RE: file 06-000984 Marvin, The April 18, 2006 letter describes the various levels of the Alternatives Analysis required for different levels of encroachment. The letter does not cover all of the conditions necessary to comply with R&O 04-09. The site does have a Sensitive Area, as Fanno Creek runs along the east edge of the property. The current submittal, proposing to pave the remaining pervious areas on the site, can not be approved per R70 04-09. A Service Provider Letter is required for any proposed development activity (see Chapter 1 of the Design and Construction Standards R&O 04-09 for District definition of development). Damon W. Reische Project Coordinator, Environmental Plan Review Clean Water Services (503)681-5106 reisched@cleanwaterservices.org From: MDBMEX @aol.com [mailto:MDBMEX @aol.com] Sent: Monday, April 24, 2006 3:21 PM To: Damon Reische Subject: file 06-000984 Does the letter issued April 18, 2006 cover the conditions necessary to comply with R&O 96-44? If there are no sensitive areas, would you please issue a letter stating a CWS Service Provider letter is not required. file://C:\Documents and Settings\garyp.000\Local Settings\Temp\GW}00001.HTM 2/2/2007 Page2of2 Thank you. Marvin file://C:\Documents and Settings\garyp.000\Local Settings\Temp\GW}00001.HTM 2/2/2007 Christine Darnell-Max's Fanno Creek Brew Pub Stop Work Order Page 1 From: Gary Pagenstecher To: Bewersdorff, Dick; Coffee, Tom; Darnell, Christine; Mcmillan, Kim; Nachbar, Phil; Nelson, Dan; Peerman, Kristie; White, Mike Date: 2/2/2007 10:37:52 AM Subject: Max's Fanno Creek Brew Pub Stop Work Order All, I have issued a Stop Work Order for all activity on the site (12562 SW Main Street) and within the building as of 4 p.m. yesterday, February 1st. Yesterday afternoon I observed new paving from the top of bank of Fanno Creek to the existing asphalt from back of curb running the full length of the building. In addition, ballards placed about every 6 feet lined the top of bank the length of the property. These improvements are not permitted by the Minor Modification land use decision (MMD2006-00008) for the subject property. Condition #1 states: 1. Prior to final inspection approval, improvements exterior of the building within the vegetated corridor shall be consistent with the standards identified in the Clean Water Services Provider Letter for this project, dated April 18, 2006. The applicant shall provide the City with a revised site plan and letter approval from CWS for any such improvements. The April 18, 2006 letter finds that some exterior improvements (e.g. paving for parking)would be allowed subject to mitigation. However, the City has not received a revised site plan or approval letter from CWS for any exterior improvements. CWS has been contacted and will be involved in the enforcement of the terms of its Sevice Provider Letter. Any inquiries should be referred to me. Gary Gary Pagenstecher Associate Planner City of Tigard 503-718-2434 GaryP @tigard-or.gov oPWoRK . � 1 , p, ,., k I- ` •B ADDRESS OR NAME 4 r ' PERMIT NUMBER: 1.;: - " / uo 4 , RESPONSIBLE PARTY(S) fk M `' .. ra 040 ( . . ..T.,, ATTENTION - YOU ARE IN, 1I10 17-mr A �{ - Svo *Op 406 ..041/4,0' • -... i- . - OWN tr Yibt e qt .et '',, ° , i r �.e o a s , One. t off r741 0D All responsible parties are hereby notified that any'permits and approvals for this project are now suspended, and NO FURTHER FURTHERWORK SHALL. BE DONE on these wises Work SHALL NOT resume until the following conditions have been met: 1 all violations have;been remedied or mitigated MitiOated as mandated by.the City - le the City has conducted an inspection for proper completion of remedies or mitigations 1 the City has issued a release of this Stop Work Order. The violations noted above and grounds;for issuance of a Court Citation. Fines are calculated per day per i'-, violation and start at$250.00 each .:Additional violations may be charged for the following: failure to stop work completely ! 4 3 'removal of the posted Stop Work Order Notice failure top perly remedy or mitigate"• ' lotions. . Issued Date: A / t Issued By. Sign • � u Contact Phone:x`0,3'7/1.7 T f Department:( 14 OMPMek DO NOT REMOVE THIS • 1 Lei '. ..• * `Y:s�'' . •and * 13125 SW Hall Boulevard, T'.aud, Orego i • • _ ','�*r�� f 'X " � r 'r �l. • } ,.t ' t ; �i. -'.N.on'4,X. k -. ' a. 4.....,.F §, rN 1' y;4r".W � ' •� '"'•.. A r,i c- ','z. 44 f -t..'+i-t •, F Yil,:.` r ,T;- "". .` 4, .f,,, 1 h _ i'f f ,v. 4. .91a :"a' .. •r.'q?' xU•* .x, .t�. Ae F Christine Darnell From: Gary Pagenstecher Sent: Friday, March 21, 2008 4:59 PM To: 'Damon Reische' Cc: Dick Bewersdorff; Christine Darnell; Tom Coffee; Kim McMillan Subject: RE: Unauthorized Activity at 12562 SW Main St. in Tigard, CWS ER File 06-000984 Attachments: Max's Fanno Creek Brew Pub 3-21-08 012.jpg; Max's Fanno Creek Brew Pub 3-21-08 013.jpg, Max's Fanno Creek Brew Pub 3-21-08 014.jpg Damon, . . . . Almost a year to the day. As we discussed on the telephone yesterday, I have enclosed photos of the most recent paving on the Max's Brew Pub site.The City will be contacting the property owner(Ross Goddard, 709-4369, 18395 Woodthrush Street, Lake Oswego, 97035) the first week of April. The City will issue a notice of violation of the conditions of their Minor Modification Decision (MMD2006-00008) and the TDC Sections 18.775.020.G and 18.775.070.B for unpermitted development within a floodway. The landowner may be offered a Voluntary Compliance Agreement in lieu a court appearance provided he agrees to apply for Sensitive Lands and Site Development Review permits. Of course these permits will require that the property owner has first obtained a Service Provider Letter on CWS review and approval for any applicable buffers and mitigation. Gary From: Damon Reische [mailto:ReischeD @CleanWaterServices.org] Sent: Friday, March 02, 2007 3:09 PM To: MDBMEX @aol.com; Gary Cc: randy cunningham Subject: Unauthorized Activity at 12562 SW Main St. in Tigard, CWS ER File 06-000984 Good Afternoon Gentleman, I am writing in regard to the unauthorized development activity at 12562 SW Main St. in Tigard. Based on the information Christine Darnell From: Gary Pagenstecher Sent: Thursday, April 10, 2008 10:19 AM Agfli To: 'alec @laidlawandlaidlaw.com' Cc: Christine Darnell; Dick Bewersdorff ‘K.‘.5- „ Subject: Russ Goddard Enforcement Alec, It is the City's understanding, based on your April 8, 2008 letter to the City, that you represent Mr. Goddard, the subject of our enforcement action (Case#CEO2008-00100). Our Notice of Violation and Voluntary Compliance Agreement dated April 3, 2008 required Mr. Goddard to submit a signed agreement by April 10, 2008. In lieu of the signed agreement the City accepts your letter as a proxy and good faith promise by Mr. Goddard to "comply with applicable City codes". Per your request for a meeting with the City to reach "a mutually acceptable resolution to the underlying access and development issues" on behalf of your client, we have reserved CR-4 in the City's Permit Center at 3 p.m. on April 14, 2008. Attendees from the City will include Tom Coffee (CD Director), Dick Bewersdorff(Planning Manger), Kim McMillan (Private Development Review Engineer), Rob Yamachika (City Attorney),and myself. I understand that your party will include Mr. Goddard,Alex Hurley(AKS Engineering), and yourself. Gary Gary Pagenstecher Associate Planner City of Tigard Community Development 13125 SW Hall Blvd. Tigard OR 97223 503-718-2434 garyp@tigard-or.gov 1 City of Tigard, Oregon 13125 SW Hall Blvd. • Tiga;. JR 97223 Ce.020e !De/oa Ili Monday, November 16, 2009 17 cop y V T I GARD Russ Goddard \\ Two G's Real Estate LLC. 18395 SW Wood Thrush St. Lake Oswego, OR 97035 RE Max's Beer Pub Improvements, SDR2008-00004, CE02008-00100. Dear Russ, This confirms that you have met all of the Conditions of Approval under our Land Use Approval permit SDR2008-00004 and that you have thereby come into full compliance regarding Enforcement Case CE02008-00100 regarding paving and drainage of a parking lot, stormwater facilities, and vegetated corridor enhancement. An updated status report of the Conditions of Approval under SDR2008-00004 is attached. As you acknowledge in your letter of September 16, 2009,there is an on-going responsibility to maintain the vegetated corridor and Water Quality Facility and to ensure the survival for the next two years of at least 80% of the required plantings. Aside from that on-going responsibility, however, all work has been satisfactorily completed and all Conditions of Approval have been met. Thank you for your cooperation. It was a pleasure working with you to bring this project to completion. Please let me know if you have any questions. Sincerely, i— 4 - Y / :. .-rt Shields Permits/Projects Coordinator cc: SDR2008-00004, CE 008-00100, Ron Bunch, Dick Bewersdorff, Gary Pagenstecher. Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 CITY OF TIGARD 11/1 IN a 13125 SW Hall Blvd. 6/2009 11 16/2009 T I G;A R.D Tigard,OR 97223 (503)639-4171 Conditions Associated With Case #: SDR2008-00004 Project Name: MAX'S BREW PUB IMPROVEMENTS • # DESCRIPTION STATUS STATUS DATE SEVERITY APPLIED BY ACTION BY REMOVE CONCRETE BLOCK PAVING: Met 6/19/09 Gary Pagenstecher Albert Shields 01. The applicant shall remove the new concrete block paving material consistent with applicants Preliminary Site, Circulation, and Landscape Plan (Sheet 4 of 5), CWS Service Provider Letter(June 30, 2008), and CWS Design and Construction Standards(adopted by Resolution and Order No. 07-20). SUBMIT FRANCHISE HAULER LETTER Met 6/19/09 Gary Pagenstecher Albert Shields 02. The applicant shall submit a letter from the franchise hauler demonstrating that the waste facility meets the location,design, and access standards required by the franchise hauler. SUBMIT REVISED LANDSCAPE PLAN Met 6/19/09 Gary Pagenstecher Albert Shields 03. The applicant shall submit revised landscape plans to show native street trees along the proposed access way consistent with CWS standards and TDC Section 18.745.040. INSTALL TREE PROTECTION FENCING Met 6/19/09 Gary Pagenstecher Albert Shields 04. The applicant shall position fencing as directed by the project arborist to protect the trees to be retained. The applicant shall allow access by the City Arborist for the purpose of monitoring and inspection of the tree protection to verify that the tree protection measures are performing adequately. Failure to follow the plan, or maintain tree protection fencing in the designated locations shall be grounds for immediate suspension of work on the site until remediation measures and/or civil citations can be processed. SUBMIT JOINT USE/MAINTENANCE AGREEMENTS Met 4/20/09 Kim McMillan Kim McMillan 05. Two joint use and maintenance agreements shall be executed and recorded on a City standard form for the common driveway. The agreements shall be referenced on and become part of all applicable parcel deeds. The agreements shall be approved by the Engineering Department prior to recording. WATER QUALITY FACILITY Met 12/30/08 Kim McMillan Al Dickma 06. The applicant shall provide an on-site water quality facility as required by Clean Water Services Design and Construction Standards(adopted by Resolution and Order No. 07-20). Final plans and calculations shall be submitted to the Engineering Department(Kim McMillan)for review and approval prior to issuance of the site permit. In addition,a proposed maintenance plan shall be submitted along with the plans and calculations for review and approval. SUBMIT RECORDED DEED RESTRICTIONS Met 4/17/09 Gary Pagenstecher Albert Shields 07. [Within six months of the effective approval date]The applicant/owner shall record deed restrictions to the effect that any existing tree greater than 6/ diameter may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this decision should either die or be removed as a hazardous tree. ACCESS VARIANCE CONDITIONAL ON JOINT Met 5/1/09 Gary Pagenstecher Albert Shields ACCESS AGREEMENT 08. Approval of the access variances is contingent on the condition that the required joint access agreement is reached[and submitted to the City within six months of effective approval.] If the joint access agreement is not reached, access to the subject property shall be restricted by a locked gate at Main Street for service vehicles only, subject to review and approval by the Development Review Engineer.The applicant shall be responsible for installing and maintaining the gate. Page 1 of 2 # DESCRIPTION STATUS STATUS DATE SEVERITY APPLIED BY ACTION BY SUBMIT LETTER OF CWS COMPLIANCE Met 9/16/09 Gary Pagenstecher Albert Shields 09. [Within six months of effective approval]The applicant shall provide the City with a letter of compliance with the applicant6s CWS Service Provider Letter(CWS File Number 08-000812 dated June 30, 2008). For a site inspection contact Amber Wierck at 503-681-3653. SIGN PERMITS REQUIRED Met 12/30/08 Gary Pagenstecher Albert Shields 10. [Within six months of effective approval and] Prior to installation of any signage, the applicant shall submit a separate sign permit application for all signage. FINAL PLANNING INSPECTION Met 6/26/09 Gary Pagenstecher Albert Shields 11. Prior to six months from the effective approval date of this decision the applicant shall contact the planning division to conduct an inspection to verify that the proposal was completed in accordance with this decision and the approved plans. Failure to comply with these conditions of approval in a timely manner may result in referral of this enforcement case to Municipal Court. SUBMIT ENGINEER'S LETTER RE WATER QUALITY Met 12/30/08 Kim McMillan Al Dickman FACILITY 12. The applicanto engineer shall submit documentation to the City Engineering Department certifying that the water quality facility was constructed in accordance with CWS standards. Page 2 of 2 NOTICE OF VIOLATION PROPERTY OWNER/OCCUPANT/ ETAL: Max's Fanno Creek Brewpub, Connie Bowen, and all others PROPERTY ID: 2S102AC01101 LOCATION OF VIOLATION: 12562 SW Main, Tigard, Oregon 97223 CASE#: CE02008- 00018 MAILING ADDRESS: 12562 SW Main, Tigard, Oregon 97223 AND �PE.0 CLASS OF VIO: 1 Wilking Investments V LIc, 16325 Boones Ferry Rd Ste 200, Lake Oswego, Oregon 97035 , COMPLIANCE DATE: 01-18-08 VIOLATION(S): Illegal signs. Includes but not limited to the A-board sign you have displayed without a permit. REMEDY(S): IMMEDIATELY remove all signs you do not have permits for. Signs include all forms of outdoor marketing such as s, balloons, banners, pennants, A-boards, lawn signs, dirigibles, etc. Contact the City of Tigard Permit Technicians at 503- -4171 x 2421 regarding regulations on signage and apply for permits before you erect any further signage. Failure to comply or repeat violations will result in court citation without further warning. Tigard Municipal Codes: 18.780.020 A. "Compliance with regulations. No sign or sign structure shall hereafter be erected, re-erected, constructed, structurally altered or relocated within the City limits except as provided by this title, and a permit for the same sign or sign structure has been issued by the Director." 18.780.070 "Certain Signs Prohibited" A. Prohibited display of flags and banners. It is a violation of this chapter to erect or maintain strings of pennants, banners, or streamers, festoons of lights, cluster! of flags, string of twirlers or propellers, flashing or blinking lights, flares, balloons and similar devices of carnival character. " G. Roof signs of any kind are prohibited, including temporary signs with the sole exception of approved temporary balloons. K. Right of way. Signs in the public right of way in whole or in part, except signs legally erected for informational purposes by or on behalf of a government agency L. Signs on a vehicle. Any sign placed on or painted on a motor vehicle or trailer, as defined by ORS Chapter 801, with the primary purpose of providing a sign nc otherwise allowed for by this chapter. 780.020 E. "Retroactive sign permits. The Director may require application for sign permits for all signage at a given address if no existing permits previously )een approved or documented." I . . .4.020 (a) "Responsible party" means the person responsible for curing or remedying a nuisance, which includes: (1) the owner of the property, or the owner's manager or agent or other person in control of the property on behalf of the owner, (2) the person occupying the property, including bailee, lessee, tenant or the person having possession, (3)The person who is alleged to have committed the acts or omissions, created or allowed the condition to exist, or placed the object or allowed the object to exist on the property." 18.230.030 "Penalty (B) Each violation a separate infraction. Each violation of a separate provision of this title shall constitute a separate infraction, and each day that a violation of this title is committed or permitted to continue shall constitute a separate infraction." 1.16.410"The civil penalty to be assessed for a specific infraction .... (a) For Class 1 Infractions, an amount not to exceed two hundred fifty dollars." (per violation, per day) Date: 01.04-08 Community Development Department THE CITY OF TIGARD COMMUNITY DEVELOPMENT DEPARTMENT FINDS THAT THE NOTED VIOLATION(S) Officer: C. Darnell 13125 SW Hall Boulevard, EXIST ON THE PROPERTY IDENTIFIED ABOVE. FAILURE TO CORRECT THE VIOLATION(S)MAY RESULT IN 503-639-4171 Tigard,Oregon 97223 THE ISSUANCE OF A FORMAL CITATION. A COMPLAINT AND SUMMONS WITH A COURT DATE WILL BE SEN TO YOU. THE COURT MAY THEN IMPOSE POSSIBLE FINES. 7007 0220 0001 5581 4433 SENDER: COMPLETE THIS SECTION COMP(&T'?THIS SCCTION ON DELIVERY O.• Complete items 1,2,and 3.Also complete A '9 / o °H ° c o n ' $. U m 3 rn (n item 4 if Restricted Delivery is desired. 1 ®Agent g y • Print your name and address on the reverse X. �� • A 4 ❑Addressee _ n g ,� a° 0 m m r_ O 3. so that we can return the card to you. @, .�ived P '��a C. ate of Delivery cNi> > X_ w 2 2 la g. o i m - • Attach this card to the back of the mail piece, ry w rn > T "a ~ B to rn ty or on the front if space permits. p ' rr} I - �- N 5 -r1 H a B m . p D. Is delivery add-. different from Item 1? ❑Yes O �C to j =. z O cp 1. Article Addressed to: -, C O ffl o t If YES,enter delivery address below: ❑ No (p * 7 I I I I C oven Ul N N) or- V: oDc�' 5- -' N) —1 0) - .. c l to rn (31 (31 S c r Max's Fanno Creek Brewpub, w 1 2 a II and all others Connie Bowen, 3. ice Type _ . n m F h CD Main, (� 12562 O egon 97223 riffled Mail ❑Express Mall CDC 3 ° frt Tigard, ❑Registered ❑Return Receipt for Merchandise N _ I� +D ❑Insured Mail ❑ C.O.D. c -, —I 4. Restricted Delivery'?(Extra Fee) 0 Yes . i, .v i ■o 2. Article Nurr` % 3 `• (Transferfrc 7007 0220 0001 5581 4433 I - a PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 7007 0220 0001 5581 4426 COMPLETE THIS SECTION ON DELIVERY w ,Z; v g; o a D n o O C) SENDER: COMPLETE THIS SECTION 0 A Signa 3 -0 m m ro S) m N • Complete items 1,2,and 3.Also complete r ? 3 0- 3 '� p . ❑Agent W N 0) g o 3 3 item 4 if Restricted Delivery is desired. g 0 w cv - CD 9 g XI O • Print your name and address on the reverse X . ■ ddressee rp N 3Dt �a so that we can return the card to you. B. •ecelved by(Prf • � C. Dat of i ery 0 W T cn ? m T `T r m o �, rn • Attach this card to the back of the mailpiece, ,�N ,� -�? a f o co 5 N _kJ ii. i m m m O 0 or on the front if space permits. o ip o < D. Is delivery address different from item 1? ❑Yes T O = O I� 1 1 1 1 d' - `o 1. Article Addressed to: If YES,enter delivery address below: ❑ No w i;7 3 Ul N N O C D < OcDc97 N) — O) co es' xN — U'7 01 — g e f— Wilking Investments V LIc, For n r I OD l w ° m Max's Fanno Creek Bre Rd Ste 200, c,_,. m n 3. 'vice Type co O TI 16325 Boones Ferry 97035 Certified Mail ❑Express Mail � °i tv o „ 171 Lake Oswego, Oreg L ❑ Registered ❑ Return Receipt for Merchandise m o I q < v m —1 ❑ Insured Mail ❑C.O.D. C o �� A 2 N N , n 4. Restricted Delivery?(Extra Fee) ❑Yes c E' 3 2. Article Number a (Transfer from 7007 0220 0001 5581 4426 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 y 0 V� 44v e t,laud 0. A eel. teak ANDERSON & DITTMAN, LLP ATTORNEYS AT LAW TIGARD PROFESSIONAL CENTER 8865 S.W.CENTER STREET RECEIVED PLANNING TIGARD,OREGON 97223 FEB 0 5 2007 P.O. BOX 23006 TIGARD,OREGON 97281-3006 CITY OF TIGARD DERRYCK H. DITTMAN TELEPHONE(503) 639-1121 ROGER F. ANDERSON - FRED A.ANDERSON. DECEASED FAX (503)639-4097 (1910-1991) February 2, 2007 Gary Pagenstecher Associate Planner City of Tigard 13125 S.W. Hall Blvd. Tigard, Oregon 97223 Re: Stop Work Order/Max's Fanno Creek Brew Pub 12562 S.W. Main Street, Tigard, Oregon 97223 Dear Mr. Pagenstecher: This letter is in reference to your having red-tagged the building with a stop work order, apparently due to the paving of the part of the driveway on the east side of the building. There previously existed pavement on this driveway strip, but the pavement did not extend to the full width of the strip. This unpaved portion was paved with asphalt on Wednesday, Jan. 31, 2007. Mr. Bowen had believed the City wanted the full width of the driveway paved. Now that he has learned that is apparently not the case, he is arranging to have the new portion of the paving removed, and will do so, perhaps as early as this next week, if he can arrange to have a contractor with the equipment to do that. In the meantime, it is requested that the stop work order on the rest of the project be released. Condition to approval #1 clearly states that Clean Water Service standards regarding improvements to the exterior of the building are to be met"prior to final inspection approval". No request for formal inspection approval has yet been made, and the project is within its time to obtain approval from CWS for any such improvements. Therefore, issuance of a stop work order on the project on the basis of condition of approval #1 is not appropriate. Therefore, it is respectfully requested that the red tag stop work order be removed. Very truly yours, ANDERSON & DITTMAN, LLP Derry, H. ittman DHD:srb cc: Marvin Bowen Boti Enterprises LLC £7` $7 /A u,/C6S , ; Z/07 L.-J./04T Page 1 of 2 Gary Pagenstecher - Fwd: FW: file 06-000984 From: Gary Pagenstecher To: andlaw @aol.com Date: 2/5/2007 4:47 PM Subject: Fwd: FW: file 06-000984 CC: Reische, Damon Mr. Dittman: I am in receipt of your February 2, 2007 letter requesting the stop work order be released for Max's Fanno Creek Brew Pub. As we discussed, Mr. Bowen's activities within the creek corridor were not reviewed or approved by CWS or the City and are, therefore, in violation of the land use decision and the CWS Provider Letter. The stop work order may be release upon an agreement between Mr. Bowen and CWS that stipulates the terms of rehabilitation of the subject property including removal of the new asphalt and bollards and mitigation of the vegetated corridor. If you have questions regarding CWS, please refer to the following email correspondence and contact Damon Reishce. Gary Gary Pagenstecher Associate Planner City of Tigard 503-718-2434 GaryP @tigard-or.gov >>> "Damon Reische" <ReischeD @CleanWaterServices.org> 02/02 9:52 AM >>> Gary, Below is an e-mail correspondence between me and Marvin of Boti Enterprises following the April 18, 2006 letter. Damon W. Reische Project Coordinator, Environmental Plan Review Clean Water Services (503)681-5106 reisched @cleanwaterservices.org From: Damon Reische Sent: Tuesday, April 25, 2006 9:31 AM To: 'MDBMEX @aol.com' Subject: RE: file 06-000984 Marvin, The April 18, 2006 letter describes the various levels of the Alternatives Analysis required for different levels of encroachment. The letter does not cover all of the conditions necessary to comply with R&O 04-09. The site does have a Sensitive Area, as Fanno Creek runs along the east edge of the property. The current submittal, proposing to pave the remaining pervious areas on the site, can not be approved per R70 04-09. A Service Provider Letter is required for any proposed development activity (see Chapter 1 of the Design and Construction Standards R&O 04-09 for District definition of development). file://C:\Documents and Settings\garyp.000\Local Settings\Temp\GW}00001.HTM 2/6/2007 ■ - Page 2 of 2 Damon W. Reische Project Coordinator, Environmental Plan Review Clean Water Services (503)681-5106 reisched@cleanwaterservices.org From: MDBMEX @aol.com [mailto:MDBMEX @aol.com] Sent: Monday, April 24, 2006 3:21 PM To: Damon Reische Subject: file 06-000984 Does the letter issued April 18, 2006 cover the conditions necessary to comply with R&O 96-44? If there are no sensitive areas, would you please issue a letter stating a CWS Service Provider letter is not required. Thank you. Marvin file://C:\Documents and Settings\garyp.000\Local Settings\Temp\GW}00001.HTM 2/6/2007 h 1r CleanWater Services U•n • February 6, 2007 Marvin Bowen Boti Enterprises, LLC 5127 SW Multnomah Boulevard Portland, Oregon 97217 Wilking Investments, LLC 16325 Boones Ferry Road, Suite 200 Lake Oswego, Oregon 97035 Re: Unauthorized Development and Vegetated Corridor Encroachment at 12562 SW Main St.,Tigard (TLID 2S102AC01101),CWS ER File 06-000984. It has come to the attention of Clean Water Services(District) Staff that unauthorized development activities have occurred within the vegetated corridor on the above referenced property. Specifically, expansion of the asphalt driveway,placement of bollards and grading activity have been observed along the east side of the property adjacent Fanno Creek. The District's Design and Construction Standards,Resolution and Order 04-09 requires that a Service Provider Letter be obtained for any development activity prior to the issuance of erosion control, grading or site development permits . A Service Provider Letter specifies the conditions and requirements associated with the Vegetated Corridors and Water Quality Sensitive Areas. The District regulates vegetated corridors(buffer) adjacent to Water Quality Sensitive Areas (i.e. streams, springs, wetlands, ponds)within the service district. Any development conducted within the vegetated corridor for the Water Quality Sensitive Areas must go through a review process (R&O 04-9 Design and Construction Standards Chapter. 3, Sec 3.02.7). Among other things,the District's definition of the development Design(Section 1.02.14 of Design and Construction Standards)includes paving and roadway construction, grading that would require an erosion control permit(>500 sq. ft. of disturbance), and construction of structures requiring a building permit if such structures increase the impervious surface footprint on the real property. 2550 SW Hillsboro Highway• Hillsboro, Oregon 97123 Phone:(503)681-3600•Fax:(503)681-3603•www.CleanWaterServices.org • w ' • /s,/ CleanWater Services Our commitment iti cl*Jr. Development triggers resource protection and therefore the District requires that a site certification application for the site referenced above be performed. Specifically,the site certification needs to address the development activities occurring on the site, location and extent of the water quality sensitive areas(Fanno Creek), extent of associated jurisdictional vegetated corridor,and limits of pre-existing impervious areas. Restoration and/or mitigation for any unauthorized vegetated corridor encroachments shall be required. Please submit the required site certification documentation and restoration planting plan within 15 business days of receipt of this letter. In addition,please discontinue all development activities on the property. Failure to comply with this letter could result in a Civil Citation. A copy of R&O 04-9 Design and Construction Standards can be obtained online at www.cleanwaterservices.org. The document can be found under the "Permit Center"tab, and by following the Design and Construction Standards link. If you need further guidance,please contact me at reisched @cleanwaterservices.org. Respectfully, 4.."-, a), Damon W. Reische Clean Water Services Environmental Plan Review (503)681-5106 Cc. Gary Paganstecher, City of Tigard • 2550 SW Hillsboro Highway• Hillsboro,Oregon 97123 Phone:(503)681-3600•Fax:(503)681-3603•www.CleanWaterServices.org Unauthorized Activity at 12562 SW Main St. in Tigard, CWS ER File 06-000984 Page 1 of 1 Gary Pagenstecher- Unauthorized Activity at 12562 SW Main St. in Tigard, CWS ER File 06- 000984 From: "Damon Reische" <ReischeD @C1eanWaterServices.org> To: <garyp @tigard-or.gov>, <MDBMEX aaol.com> Date: 3/2/2007 3:09 PM Subject: Unauthorized Activity at 12562 SW Main St. in Tigard, CWS ER File 06-000984 CC: "randy cunningham" <randy.cunningham @verizon.net> Good Afternoon Gentleman, I am writing in regard to the unauthorized development activity at 12562 SW Main St. in Tigard. Based on the information submitted by Mr. Bowen as well as site visits by District Staff, the unauthorized paving that occurred without a Service Provider Letter has been removed. Additionally, District Staff has confirmed that no erosion control issues resulted from the unauthorized activity. No further action is required to resolve the unauthorized activity with CWS. With regard to the remaining bollards, staff has determined that the placement of bollards, much like fence posts, does not meet the District's definition of development and therefore does not require a Service Provider Letter. Any further activities that would require a grading permit or any other activity that meets the District's definition of development (Section 1.02.14 of Design and Construction Standards, R&O 04-9) requires a Service Provider Letter and any other required Federal, State or Local permits prior to commencing with the activity. Please let me know if there are any questions. Damon W. Reische Project Coordinator. Environmental Plan Review Clean Water Services (503)681-5106 reisched @cleanwaterservices.org file://C:\Documents and Settings\garyp.000\Local Settings\Temp\GW}00001.HTM 3/2/2007 Page 1 of 1 Gary Pagenstecher - Fwd: 12562 SW Main St., Tigard (TLID 25102AC01101), CWS ER File 06-000984 From: Gary Pagenstecher To: andlaw @aol.com Date: 2/6/2007 4:11 PM Subject: Fwd: 12562 SW Main St., Tigard (TLID 2S102AC01101), CWS ER File 06-000984 Mr. Dittman: Please find attached a letter from Clean Water Services to Marvin Bowen regarding the unauthorized development activity for which the City placed a stop work order on Max's Fanno Creek Brew Pub on February 1st. The letter requires site certifcation documentation and a restoation planting plan within 15 days (by February 21, 2007). Please confirm whether you are Mr. Bowen's representative or whether the City should deal directly with Mr. Bowen. If you have any questions, please do not hesitate to call me (718-2434). Thank you, Gary Gary Pagenstecher Associate Planner City of Tigard 503-718-2434 GaryP(a tigard-orgov >>> "Damon Reische" <ReischeD @CleanWaterServices.org> 02/06 1:09 PM >>> Mr. Bowen, Please see the attached letter in regard to unauthorized development activity on the above referenced property. I have also sent a copy of the letter via regular mail. Damon W. Reische Project Coordinator, Environmental Plan Review Clean Water Services (503)681-5106 reisched©cleanwaterservices.org file://C:\Documents and Settings\garyp.000\Local Settings\Temp\GW}00001.HTM 2/6/2007 0/07 z 34, nf..3 pm 146 ayBo Gla / er04.1=1,7 / ".11414 44401-7_,_701m "41 °PI 51L 7M : Negii Ca ate+, v lovcvLA 1,`4. re-4 614 • -; /443/Agyi v mA -Ja vritit. proisr slch 1/8/a7 C4.61 a1i07) I7X6 exlikidwg Otzias-; ivital up 7 3/1/D7 elate-01 b21 frt 5. D2s ettafea(Ai 7 u( 1- ike-eci-K4. CLO‘,44,sfrio pda21,-L ;71, )---;9-7-‘r-0 7 0144-t-fr, efia-"<-1-7144roilage- CleanWater Services Our commitment is clear. April 30, 2007 Boti Enterprises, LLC. 12562 SW Main St. Tigard, OR 97223 RE: Placement of Curb Cut along Main St., Concrete Dumpster Slab, ADA Ramps and Van Accessible Parking Space with Walkway at 12562 SW Main Street, Tigard (TLID 2S102AC01101), CWS ER File 06-000984 Clean Water Services has received your Sensitive Area Certification for the above referenced site. District staff has reviewed the submitted materials including site conditions and the description of your project. Specifically, this Service Provider Letter is for the placement of a curb cut along Main street, a 10 x 20 foot concrete slab for a dumpster, a 5 X 10 foot ADA entry ramp, a 5 x 5 foot ADA entry, and a 16 x 23 foot ADA van assessable parking space (see attached figures). The addition of these proposed features to the existing impervious areas results in less than 10 percent of the existing impervious area with 100 feet of the Sensitive Area being altered. Staff concurs that the project will not significantly impact the existing Sensitive Areas found near the site. In light of this result, this document will serve as your Service Provider letter as required by Resolution and Order 04-9, Section 3.02.1. All required permits and approvals must be obtained and completed under applicable local, state, and federal law. This letter does NOT eliminate the need to protect Sensitive Areas if they are subsequently identified on your site or for an additional Service Provider Letter other improvements are needed. If you have any questions, please feel free to call me at 503-681-5106. Sincerely, -e.....410Z_ Damon W. Reische Environmental Plan Review Attachments (1) 2550 SW Hillsboro Highway• Hillsboro, Oregon 97123 Phone: (503)681-3600 • Fax: (503)681-3603 •www.CleanWaterServices.org �� ;7 t . cf-r- + 4 r L. ,,,r ` BFrvrlr__tark ____________ 0 it 6` , ,N7NNN, T'£_9an4a b F-ANNO CREEK L-_____„, .._.— ---._ f J r- , • BKYCtr Pa Ch ? _ <.._S s- e_o_c. eQ c A. _ n(-ohy� LI i ∎ �'� Approved •■ F' Clean Water irvi A City of Tigard, Oregon. • 13125 SW Hall Blvd. • Tigard, OR 97223 • N April 2, 2007 T I GARD Marvin Bowen BOTI Enterprises LLC 5127 SW Multnomah Blvd Portland, OR 97219 MMD2006-00008 Max's Brew Pub Dear Mr. Bowen: It appears you are advertising that your Pub will be opening soon, so I wanted to touch base with you regarding the conditions yet to be met for your Land Use project,listed below: 1. Prior to final inspection approval,improvements exterior of the building within the vegetated corridor shall be consistent with the standards identified in the Clean Water Services Provider Letter for this project,dated April 18, 2006. The applicant shall provide the City with a revised site plan and letter of approval from CWS for any such improvements. 2. Prior to final inspection approval, the applicant shall remove the curb drops and replace them with standard curb in order to eliminate on-site parking iri the front of the building. Also, all improvements in the right-of-way must be completed and street trees planted prior to your receiving your Certificate of Occupancy. Please contact me with any questions. Sincerely, � 2 a kaAg&s-k... Maris Buxton,Permit Coordinator 503-718-2453 marisntigard-or.gov C: Wilking Investments,LLC 16325 Boones Ferry Road, Suite 200 Lake Oswego, OR 97035 Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 M M1C9&-00 Og City of Tigard, Oregon . 13125 SW Hall Blvd. • Tigarw,-OR 97223 4 April 25, 2007 • Charles O'Leary TIGARD 16325 Boones Ferry Road, Suite 200 Lake Oswego, OR 97035 RE: 12562 SW MAIN STREET,TIGARD, OR Mr. O'Leary: Per our meeting today,we have agreed that your existing driveway and access can remain as long as it is not improved. We have also agreed that you will remove the driveway and access once the Fanno Creek Gateway is constructed or a shared access is secured and constructed on Mr. Diamond's property,whichever occurs first. Please sign below showing your agreement with this and return to: Kim McMillan City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 After we receive the letter,we will sign and return a copy to you. Thank you, Tom Coffee Community Development Director We, the undersigned, are in agreement to the terms listed above: '7r9--dfrC Charles O'Le Tom Coffee Managing Partner Community Development Director Richard Kay Member Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 2007 .03/27 09:21 FAX 10001 Apr 26 2007 11 : 42PM 0 .JET FAX 50363 003 p. 1 City of Tigard, Oregon • 13225 SW Hall Blvd. • Tigard, OR 97223 III IN April 25,2007 1 TIGARD Charles O'Leary 16325 Boones Ferry Road, Suite 200 Lake Oswego, OR 97035 RE; 12562 SW MAIN STREET,TIGARD, OR Mr. O'Leary: Per our meeting today, we have agreed that your existing driveway and access can remain as long as iris not improved. We have also agreed that you will remove the driveway and access once the Fanno Creek Gateway is constructed or a shared access is secured and constructed on Mr. Diamond's property, whichever occurs first. Please sign below showing your agreement with this and return to: Kim McMillan City of Tigard 13125 SW Hall Blvd. Tigard,OR 97223 After we receive the letter,we will sign and return a copy to you. Thank you, / om' Tom Coffee Community Development Director We, the undersigned, are in agreement to the terms listed above: f------ i Charles O'Le ..111.0 Torn Coffee o Ma.agin• P.. cr Community Development Director I I C'!!Ii% 4_, ----- ch.r. Kay 11011w- -tuber Phone: 503.639.4171 • Fax: 503.684.7297 • torow.rigard-or.gov • TTY Relay: 503.684.2772 III CITY OF TIGARD 4/L//LUU/ ,i 13125 SW Hall Blvd. 1 1:36:46AM Tigard,OR 97223 503.639.4171 TIGARD I Receipt #: 27200700000000001865 Date: 04/27/2007 Line Items: Case No Tran Code Description Revenue Account No Amount Paid ENG2007-00025 [EBOND] Cash Assurance 100-0000-229009 3,000.00 Line Item Total: $3,000.00 Payments: Method Payer User ID Acct./Check No. Approval No. How Received Amount Paid Check WILKING INVESTMENTS V LLC KJP 1031 In Person 3,000.00 3O g$ Fes- Payment Total: $3,000.00 j��Z S S w � r• iz� S U t TIt_ Z� y Z.-At/C- DS..--)0.-4,c)/ 072- Cl 7 0 3 5 CCU Y 0_1,0 L- .- 0 Lg, r -503 - e; 3‘. - / 22-S r cReceipt.rpt Page 1 of 1 ~ ' ~. - . ta-ec:4 ' �/ ' ,/ ' �-_-__- _ / �� ^ � - ' ~ . - i / 4 --60 -_z --- � .��~ 174U1 /v4446,e4 ' _ � - j�� ~�c��e��y2P2«�»~-v_ . � | ' \ ---'— l -- ' ./ ,1! .I! ii - ° - iU 'i , M6N2 . .\: , _____„ ___, dot., . 4...44,c,„ _______ )2. ,„ - crk -c,,,,---,1 . r T/q7, C i �j ,......,.____44 { y `(\/--- . \ / 1 / ) , , , 7 i ItI � Y , W J W Q i , Q L` / \ L-----�Yaste /I ca..., i ! ., Sinndnrd Cnmact Wasioci Stund rtl s--a3 - 3 3 o — . 0 ,9 O C. I oara / ' SITE PLAN "'/"..,4 SCALE 1N FEET 41 fr /.:Ay o Creek_ 13-e u) d-4 BOTI ENTERPRISES LLC 12562 S.W Main St Tigard, Oregon .() Ls7‘ 23 Project Date: May 9, 2006 SKE - 1 Lora Garland From: Albert Shields Sent: Tuesday, November 10, 2009 5:03 PM To: 'russ @gcs.bz' Cc: Lora Garland Subject: RE: Copy of file Attachments: PermitsCasesList111009.pdf; SDRsBUP111009.pdf Russ, if I understand correctly, what you are looking for are copies of documents pertaining to the change of use of the structure from retail to eating and drinking establishment, including the paving, planting, and drainage work addressed by your SDR2008-00004. I've attached a screen print of the list of permits and cases listed for 12562 SW Main. As you see, there are over 35 of them from 2006 on, spanning the work in question. Few of them are likely to have data you are seeking, I suspect. As the two key cases I have starred your SDR2008-00004 and building permit BUP2006- 000582, which addressed the change of use from a B Occupancy (Retail) to A2 (Assembly, eating & drinking establishment) via a Tenant Improvement. Any of the records in these files are available to you via a Public Information Request. My recommendation is that you call our Records Specialist, Lora Garland, at 503-718-2483, who is an expert at ferreting out just the information people are seeking, and discuss with her the specific documents or document types you want copies of. I'll copy Lora on this email so that she can expect your call. I have also attached screen prints of the summary data on three of the listed cases: Your SDR2008-00004, BUP2006-00582 mentioned above, and a third case, SDR2006-00003, which was originally set up to address the change of use but was apparently replaced with the BUP. ... Matter of fact ... I've taken the liberty of making an appointment with Lora for 10:00 Thursday morning so that you and she can look over the files we have and cull out the pieces that will be most useful to you. Will 10:00 work for you? Thanks, Albert Shields. From: Russ Goddard fmailto:russ©gcs.bzl Sent: Tuesday, November 10, 2009 2:35 PM To: Albert Shields Subject: Copy of file Al, I want to thank you for you last e-mail and wanted to confirm our last conversation requesting a copy of the entire file for 12562 Main Street Tigard, Oregon Please let me know when it is ready and I will come by and pick it up if there is a cost for coping the file I am happy to pay that cost, but I need the file ASAP Thank you 1 • Russ Goddard Office 503-684-0550 Cell 503-709-4369 Fax 503-620-5583 This message contains information that may be confidential and privileged. Unless you are the addressee(or authorized to receive for the addressee),you may not use,copy, print,or disclose to anyone the message or any information contained in this message. If you have received this email in error, please advise the sender by reply and delete the message. Thank you. 2 - • cce a • u oma lone - 'Tin •ows n erne xp ore ;- i__ 6-€3 o LIeiLiIIiII v1 ad I WI-411 x1 Li Uoogie 1111 I 'J File Edit View Favorites Tools Help Favorites I ' f!9 uggested =Sites " ei Free Hotmall ei Web Slice Gallery v ii Accela Automations L i a - e u 00 ' Page - Safety ,' Tools " - .7.: f i F� 1 g { ❑ f, rI0 se it Prol?ct Name Case Status Number Streret Name � 0 ; Unit#F Parcel# Active Ta:E a x lam ❑ TU O� R2009 QOQ Fenno Creek Oktobe... Closed 12562 MAIN ST 100 25102AC01101 ❑ TA)P2009-00008 Fenno Creek Nano B... Closed 12562 MAIN ST 100 25102AC01101 ❑ 1l_W12009-001 rq MAX'S BREW PUB Closed 12562 MAIN ST 2S102AC01101 I ❑ SIT20Q9-00010 MAX'S BREW PUB IMP... 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Closed 12562 MAIN ST 25102AC01101 mss, ❑ METC2QQ6-00506 MAX'S FANNO CREEK... Closed 12562 MAIN ST 2S102AC01101 .-- Er.Ft2046-40185 MAX'S FANNO CREEK ... Closed 12562 MAIN ST 25102AC01101 • I ❑ Frllp�0a6 00261 Expired 12562 MAIN ST 25102ACO1101 . s 1 ❑ SDR2006-00003 MAX'S FANNO CREEK ... Voided 12562 MAIN ST 2S102ACO1101 I i - - I.LA ❑ PRE2006-1pQQ5 MAX'S FANNO CREEK ... 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' "h s'' ,, ,P It 4 .,,, 1 • 1 4 sl i vi gir.441,it,e,7:1'kr,o.‘tfkrrI,INL1 z vs 712 cr ��- z.7 3 1 3 4 IN THE CIRCUIT COURT OF THE STATE OF OREGON 5 FOR THE COUNTY OF WASHINGTON 6 7 TWO G's REAL ESTATE, LLC, an Oregon ) Case No. C100067CV Limited Liability Company; ) 8 ) ) 9 Plaintiff, ) ) 10 vs. ) 11 ) TRIAL SUBPOENA ) CHARLES M. O'LEARY, an individual. ) 12 ) 13 ) Defendants. ) 14 ) 15 ) 16 17 TO: Gary Pagenstecher City of Tigard, Oregon 18 13125 SW Hall Boulevard Tigard, OR 97223 19 PURSUANT TO ORCP 55(A) YOU ARE COMMANDED TO APPEAR AT THE 20 WASHINGTON COUNTY CIRCUIT COURT, 150 N. 1st Street, Hillsboro, Oregon 97124, on December 14, 2010,beginning at , to testify as a witness on behalf of Plaintiff Two 21 G's Real Estate, LLC. You must re am until the testimony is closed unless sooner 22 discharged. 23 Date: December 7 , 2010 24 ISSUED BY: 25 Alec J. Laidlaw, OSB #0551 ;r Attorney for Plaintiff 26 Page 1 -TRIAL SUBPOENA LAIDLAW&LAIDLAW,P.C. 21590 Willamette Drive West Linn,Oregon 97068 Telephone:503.305.6894 Facsimile:888.287.4840 1 I hereby certify that the foregoing is a complete, true, and exact copy of the original subpoena 2 in the above case. 3 4 Alec J. Laidlaw, OS:? 55154 5 Attorney for Plaintiff 6 alec @laidlawandlaidlaw.com 7 Appearance fee: $30.00 Mileage fee: $4.00 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Page 2—TRIAL SUBPOENA LAIDLAW&LAIDLAW,P.C. 21590 Willamette Drive West Linn,Oregon 97068 Telephone:503.305.6894 Facsimile:888.287.4840 04. 1 2 •G` 3 "s. 1- 4 IN THE CIRCUIT COURT OF THE STATE OF OREGON 5 FOR THE COUNTY OF WASHINGTON 6 TWO G'S REAL ESTATE LLC , 7 Plaintiff, No. C100067CV 8 v. TRIAL SUBPOENA 9 CHARLES M. O'LEARY, 10 Defendant. 11 12 TO: Gary Pagenstecher City of Tigard 13 13125 SW Hall Blvd. Tigard, Or 97223 14 IN THE NAME OF THE STATE OF OREGON 15 YOU ARE HEREBY required to appear in the above-entitled court at the County 16 Courthouse of Washington County, Oregon, on Wednesday, the 15' day of December, 17 2010, at 2:00 p.m., to testify as a witness in the above-entitled cause on behalf of 18 Defendant and to remain until the testimony is closed, unless you are sooner 19 discharged. 7-6- 20 DATED this day of December, 2010. 21 TAIT & A OCIATES, P.C. 22 23 AW. _ ` Ja es C. Tait, OSB #711694 24 A orneys for Defendant WITNESS FEES: $30.00 25 Mileage 17.00 Paid $47.00 26 Page 1 - TRIAL SUBPOENA Tait&Associates,P.C. Attorneys at Law 294 Warner Milne Road Oregon City,Oregon 97045 Telephone(503)657-8144•Fax(503)650-0367•E-mail taitassoc©taitlaw.com•Website www:taitlaw.com 1 CERTIFICATE OF SERVICE 2 I hereby certify that on December 7, 2010, I served the foregoing TRIAL 3 SUBPOENAS on the following person(s) by personally delivering true copies thereof, to them at 4 the following address: 5 Gary Pagenstecher 6 City of Tigard 13125 SW Hall Boulevard 7 Tigard,OR 97223 8 Kim McMillan 9 City of Tigard 13125 SW Hall Boulevard 10 Tigard, OR 97223 11 12 13 14 LAIDLAW & LAIDLAW, PC 15 16 /By: 17 Alec J. Laidlaw, OSB # 55154 Christopher Camarillo, OSB #092477 18 Attorneys for Plaintiff alec @laidlawandlaidlaw.com 19 20 21 22 23 24 25 26 CERTIFICATE OF SERVICE LAIDLAW&LAIDLAW,P.C. 21590 Willamette Drive West Linn,OR 97068 Telephone:503.305.6894 Facsimile:888.287.4840 ' T'AI'T & ASSOCIATES, P.C. 294 Warner Milne Road Attorneys at Law Oregon City,OR 97045 Tel:(503)657-8144 James C.Tait Fax:(503)650-0367 E-mail:taitassoc @taitlaw.com RECEIVED PLANNING Website:www.taitlaw.corn January 5, 2011 JAN 0 7 2011 CITY OF TIGARD Gary Pagenstecher City of Tigard 13125 SW Hall Blvd. Tigard, Or 97223 Re: Two G's Real Estate, LLC v. Charles M. O'Leary, Washington County Circuit Court Case No. C100067 CV Dear Mr. Pagenstecher: This will confirm that trial in the above matter has been rescheduled to begin on Wednesday February 2, 2011. This will further confirm that you were previously subpoenaed to testify at trial on December 15, 2010. You are still under Subpoena and we will need you to now testify on Thursday, February 3, 2011 at 2 p.m. at the Washington County Courthouse. We will contact you the day before your testimony to advise you of the courtroom. V- truly curs, 4 •4.. '-`. mes C. Tait CT:cmc cc: Jernnifer DeGregorio (via e-mail) /;30 P447- ;..4 • t