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CUP1992-00004POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm. The following document is a copy of the microfilm record converted back to digital. If you have questions please contact City of Tigard Records Department. - _ ' 4 AFFIDAVIT OF MAILING , being first duly sworn/affi rk. on oath That I am a The City of Tigard, Oregon. That I sarved NOTICE OF PUrtIC HEARING FOR: A copy (Public Hearing Notice/Notice of Exhibit "A") was mailed to each named attached list marked exhibit "B" on the said notice NOTICE OF DEgASION as hr to bulletin board on the _4114=`' day of in the United States Mail on the postage prepaid. City ,)2 Tigard Planning Dimector Tigard Planning Commission Hearings Officer Tigard City Council Decision) of which is attached Warked persons at the adds s shown on the -.111t2: day of J1&i at ached, was poste on an appropriate 19 $ and depgpited Prepared Notice MEM • CITY OF TIGARD Washington County, Oregon NOT/CE OF FINAL ORDER - BY HEARINGS OFFICER 1. Concerning Case Number(s): CUP 92-0004 2. Name of Owner: Joe & Kath Lorinc Name of Applicant: Same 3. Address 12442 SW 122nd Avenue City TAgard State OR Zip 97223 4. Address of Property: 12435 SW 121st Avenue Tax Map and Lot No(s).: 2S1 3B8 tax lot 6900 5. Request: A re uest for a Conditional Use avnreval to allow the converslanot_ap existimIngle family residence into a residential care faciliTCABLB REVIEW CRITERIA: Co:rxmgitpnmunitDe't;CodeChaters 14,59, 18.98c_11,10a. 18.102 18.106 18.10.a& 18.130. Zone: R-4.5 (Residential, 4.5 units/acre) The R-4.5 zone allows single family residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary uses, and accessory structures among other uses. .46 tAidori- 6. Action:, _____ as requested X Approval with conditions Denial 7. Notice: NOtice was published in the newspaper, posted at City Hall, and mailed to: X The applicant and owner(s) X Owners of record within the required distance The affected Neighborhood Planning Organization X Affected governmental agencies 8. Final Decision:, THE DECISION SHALL BE FINAL ON December 2 1992 UNLVSS AN APPEAL IS FILED. The adopted findings of fact, decision, and statement of conditions can be obtained from the Planning Department, T,ard City Hall, 13125 SW Hall, P.O. Box 23397, Tigard, Oregon 97223. 9. &mall, Any party to the dediSion May appeal this decision in accordance with 18.32.290(8) and Section 18.32.370 which provides that a written appeal may be filed within 10 days after notice is given and sent. The appeal may be submitted on City forms and must be accompanied by the appeal fee ($315.00) and transcript costs (varies up to a maximum of $500.00). The deadline for filing of an appeal is 3:30 p.M. December 2 1992 10. pagationst If you have any questions, please call the City of Tigard Planning Department, 639-4171. • • *4° BEr9RE THE LAND USE HEARINGS OFFICER FOR THE CITY OF 'TIGARD, OREGON Regarding an application by Joe & Kathy Lorinc for a conditional use permit and variance for a residential care ficility at 12435 SW 121st Avenue in the R-4.5 zone in the City of Tigard, Oregon ) FINAL ORDER ) CUP 92-0004 ) VAR 92-0019 I. SUMMARY OF THE REQUEST The applicant requests approval of a conditional use permit for a residential care facility. ' The facility now accommodates five elderly people. The applicant proposes to enlarge the facility and provide five additional bedroom/bathroom suites and increase the resident population to ten elderly people. A small porch at the rear of the proposed addition extends 2 feet into the required 15-foot rear yard setback The applicant requests a "flexible setback" variance to allow that porch. The applicant also requests reduction in parking requirements. A public hearing regarding the application was held on November 9, 1992. City staff recommended conditional approval of the subdivision. No one else appeared at the hearing or submitted written testimony about the applications addressed in this final order, LOCATION: 12435 SW 121st Avenue; WCTM 2S1 3BB, Tax lot 6900 COMPREHENSIVE PLAN: Low Density Residential ZONING: R-4,5 (Residential, 4.5 units/gross acre) APPLICANT AND OWNER: Joe and Kathy Lorinc SITE AREA: About 034 acres APPLICABLE LAW: Community Development Code Ch, 18.050,040, 18.050,050, 18.100,110, 18.102.020, 18/106,030, 18,106,040, 18,108.070, 18.130.040, 18.130.150, 18.146.050, 18.150.020, 18,164.030, 18.164,070, 18,164,090, 18.164.100; Comprehensive Plan Policies 2,1.1, 4.2,1, 6.1,1, 7,1.2, 7,3.1, 7.4,4, 8.1,1, and 8,1,3 STAFF RECOMMENDATION: Conditionally approve HEARINGS OFFICER DECISION: Conditionally approved IL FINDINGS ABOUT SITE AND SURROUNDINGS The Hearings Officer incorporates by reference the findings about the site and surroundings in Section II of the City of Tigard Staff Report dated November 3, 1992. M. APPLICABLE APPROVAL STANDARDS The Hearings Officer incorporates by reference the approval standards in Section III of the City of Tigard Staff Report dated November 3, 1992. Page 1 - Ilearings Officer decision CUP 92-0004 & VAR 92.0019 (Lorinc) IV. HEARING, TESTIMONY, AND NPO & AGENCY COMMENTS A. Hearing. Hearings Officer Larry Epstein received testimony at the public hearing about this application on November 9, 1992. A record of that testimony is included herein as Exhibit A (Parties of Record), Exhibit B ('Taped Proceedings), and Exhibit C ('Written Testimony). These exhibits are filed at the Tigard City B. Suotmary of oral testimony. ' City Planner Ron Pomeroy testified for the City. He summaried the staff report and recommendation. No one else appeared. C. NPO and Agency Comments. The Hearings Officer incorporates by reference the NPO and agency comments in Section IV of the City of Tigard Staff Report dated November 3, 1992. V. EVALUATION OF REQUEST A. Compliance with Community Development Code and Comprehensive Plan. The Hearings Officer incorporates by reference the findings about compliance with the Community Development Code and Comprehensive Plan in Section V of the City of Tigard Staff Report dated November 3, 1992. VI. SITE VISIT BY HEARINGS OFFICER The Hearings Officer visited the site and surrounding area. coNCLUSION AND DECISION The Hearings Officer concludes that the proposed conditional use permit and associated parking reduction and flexible setback variance comply with the applicable criteria and j and occurs after standards of the Community Development Code, provided ed d� � �5men �itri Conditions of this decision complies with applicable local, state, an approval warranted to ensure such compliance occurs. In recognition of the findings and conclusions contained herein, and incorporating the Staff and other reports of affected agencies and public testimony and exhibits received in Report p this matter, the Hearings Officer hereby approves CUP 92 -0004 and VAR 92 -0019, subject to the conditions of approval recommended in the November 3, 1992 Staff Report. D ¢►TED . his 19th day vember, 1992. Larry Epstein .s Officer Page 2 . Hearings Officer decision CUP 92.0004 & VAR 92 -0019 (Lorinc) •,# , ,44 ; BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by Joe and Kathy Lorinc to allow the conversion of an existing single family residence into a residential cure facility with associated site improvements. 4 STAFF REPORT CUP 92-0004 VAR 92-0019 I. SUMMARY OF THE REQUEST CASE: Conditional Use Permit CUP 92-0004 Flexible Setback Variance VAR 92-0019 SUMMARY: The applicants request Conditional Use approval to allow: 1) the conversion of an existing single family residence located on a 0.34 acre site into a residential care facility; and 2) the approval of a flexible setback variance. APPLICANT: Joe and Kathy Lorinc 12442 SW 122nd Avenue Tigard, OR 97223 OWNER: Same COMPREHENSIVE PLAN DES/GPATION: Low Density Residential ZONING DESIGNATION: R-4.5 (Residential, 4.5 units per acre) LOCATION: 12435 SW 121st Avenue (WCTM 281 3BH, tax lot 6900) APPLICABLE LAW: Community Development Code Chapters 18.050.040, 18.050.050, 18.100.110, 18.102.020, 18.106.030(A)(6), 18.106.040(A)(2), 18.108.070, 18.130.040, 18.130.150(C)(17)0 18.146.050, 18.150.020(E), 18.164.030(A) and (E), 180164.070(A) (1)(a)0 18.164.090, 18.164.100, and Comprehensive Plan Policies ,2.1.1, 4.2.1, 6.1.1, 7.1.2, 7.3.1, 7.4.4, 8.1.1, and 8.1.3. STAFF RECOMMENDATION: Approval subject to condition0. I/. FINDINGS ABOUT SITE AND SURROUNDINGS A. Background Information: This residence is currently used as a Residential Treatment Home providing care for five persons. A Type I Home Occupation Permit (HOP 92-0002) was granted in 1992 for 4roe's Car Sales auto brokerage. A Sign permit Wad issued in 1990 (SON 900132) for the use of the existing structure ea an Elderly Care Home. A current business tax has ale() been paid for this use. No other land use applications have been submitted to the City for this Site. B. Etoppsal Description:, The applicant proposes to build an addition on the rear of an existing single-family retiidence, A Conditional Use permit has been requested REAR/NS OFFICER - CUP 92-0004 / VA A 92-0010 LORINC PAGE 1 to allow this residence to be used as a residential care facility serving a total of ten disabled and /or socially dependant residents. portion of this expansion is proposed to project approximately two feet into the required rear yard setback. Therefore, a flexible setback variance is included as part of this application. C. v cinit,_„ y Tnfosma Properties located to the north, east and west are zoned R -4.5 (Residential 4.5 units per acre) and are substantially developed with single- family homes. The parcels located to the south are unincorporated and under the jurisdiction of Washington County. These lots are similarly developed. D. Fxi.stina mggp and £3tructurea: A single family residence and detached garage are located on the site. A circular drive passes under a covered unloading area in front of the home. A driveway also connects the circular drive to the detached garage near the rear of the lot. Two large cedar trees are located in smaller landscaping trees the middle of the the with residen�er of Tall sight obscuring hedges and shrubs located are present along both side lot lines of this parcel. 1Ix. APPLICABLE APPROVAL SVANDARDS Community.Development Codes 1. Chapter 18.50.040 lists Residential Care Facility as a Conditional Use in the R-4.5 zone. 2. Chapter 18.130.040, contains the following general approval criteria for a Conditional Use: 1) The site size and dimensions provide: a. Adequate area for the needs of the proposed use; and b. Adequate area for aesthetic design treatment to mitigate possible adverse effects from the use on surrounding properties and user. 2) The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and natural features. 3� All required public facilities have adequate capacity to serve the proposal. 4) The applicable requirements of the zoting district are met except as modified by this chapter: HRARINOS OPVIdBR - CUP 92 -0004 / VAIt 92-0019 - LOR1NC PAGE 2 5) The supplementary requirements set forth in Chapter 18.114 (Signs) and Section 18.120.180 (Approval Standards) Site Development Review, if applicable, ar met. 6) The use will comply with the applicable policies of the Comprehensive Plan. 3. Section 8.130.15fLQ. ), contains the following additional Conditional Use criteria for Group Care Residential: a. Applicable zones: single - family residential and multiple family residential; b. Minimum Lot Size: 5,000 square feet; c. Minimum Setbactats see applicable zone; d. Height Limitations: see applicable zone; e. Compliance with all state requirements; and f. off-- Street Parking: in accordance with Subsection 18.106.030(A)(6). 4. Section 18.050.050, (R --4.5 Zone) requires a minimum lot area of 7,500 square feet for each detached unit. The average minimum lot width is required to be 50 feet. Additionally, the required setbacks are as follows: front yard v 20 feet; aide yard 5 feet; rear yard -- 15 feet; garage to front property line -- 20 feet. 5. Section 18.146.050 (Flexible Setbacks -- Approval Criteria) states that a minimum setback requirement may be reduced up to 20 percent provided that the applicable standards are satisfied. These applicable standards are: a. the reduction shall be necessary to allow for the enlargement or remodeling of an existing building; and b,, the proposed addition will not encroach upon an existing easement. er � (Parking) requires that one parking space f . be provided fOr every three beds plua one space for each employee. This code permits up to 25% of the parking spaces to be compact parking stalls. Additionally, current Americana with bi®Abilities Ace (ADA) requirements requite the provision of at leatit one handicapped parking stall if up to 25 parking spaces are provided. `] Chapter 18.100 (Screening: Special Provisions) lista the specifications for providing screening for parking and loading areas. Planting materials to be installed she " .tuld achieve a relative balance between low lying and vertical shrubbery and trees. Parking lot trees are to be planted in landscaped i ®land in all parkin areas and Shall be equally distributed on the baSSis parking HRA 31fGS OFFICER -- CUP 92«0004 / VAR 92..0019 -- LORINC PAGE 3 of one tree for each seven parking apace° in order to provide a canopy effect. a. Chapter 18.150 requires a permit and contains standards for removal of trees having a trunk 6 inches or more in diameter measured four fee above the ground on undeveloped residential land. A permit for tree removal must present rationale which complies with epecified criteria in order to obtain approval. 9. Section 18.102.020 (Visual Clearance) requires that a visual clearance area be maintained along the intersectione of all public and private right-of-ways. 10. Section 18.108.070 (Access and Circulation - Minimum Requirements) state that the acceasway muct be at least a minimum of 15 feet wide with at least 10 feet of pavement. 11. Chapter 18.164 contains standards for itreets and utilities. a. Section, 18J§4g.(21A). requires atreete within and adjoining a development to be dedicated and improved based on the classification of the street. b. Section 11.114tsgsaikallial states that. the Director may accept a future improvement guarantee in lieu of street imprOvements. c. Section 18.164.030(El requires a major collector to have a minimum 60-80 foot right-of-way and a 44 foot minimum roadway width, and 2-4 moving lanes. Section 11,164m0(kukapi requires sidewalko adjoining both aides of collector streets. c. Section 18.164.090, requires sanitary sewer service. f, Section 18.164.100 requires adequate provieions for storm water runoff and dedication of (moments for storm drainage facilities. B. APP2igM19-51011RegiaftaRive Plan Polidien. 1. Policy 2.1.1 provides the City will assure that citizene will be provided an opportunity to participate in all pballes of the planning and development review process. 2. Policy 4.2.1 provides that all development within the Tigard urban planning area shall comply with applicable federal, state and regional water quality standards. 3. Policy 6.1.1 provided that the city shall provide an oppertUnity for a diveraity of houSing densitios and reSidential types at various price and rent levels. dditionally, implementation strategy number elac states that the Oity shall provide for MARINGS oFFICER a CUP 92-0004 / VAR 92-0019 - LOR/NO PACE 4 opportunities for proposals to develop specialized housing for the area's senior citizens and handicapped based on the needs of these groups by allowing special use housing for these groups in all development districts and by requiring thee needs of the handicapped to be considered as a part of the Site Design Review process. 4. Policy 7.1.2 provides the City will require, as a condition of development approval, that public water, sewer, and storm drainage will be provided and designed to City standards and utilities placed underground. 5. Policy 7.3.1 provides the City will coordinate water services with water districts. 6. Policy 7.4.4 requires all new development to be connected to an approved sanitary sewer system. 7, Policy 8.1.1 provides the City will plan for a safe and efficient street and roadway system that meets current needs and anticipated future growth and development. 8. Policy 8.1.3 providefi9 the City will require as a precondition of approval that: a. Development abut a dedicated street or have other adequate access; b. Street rigb'c-of -way shall be dedicated where the street is substandard in width; c • developer shall construction of the streets, curbs, sidewalks to City standards within the development. d. The developer shall participate in the improvement of existing streets, curbs, and sidewalke to the extent of the development's impacts; e. Street impprOvements shall be made and street signs or signals shall be provided when the development is found to create or intensify a traffic hazard. IV. two a AGENCY COMMENTS The City of Tigard Engineering Department has reviewed the proposal and Watt provided comments which are summarized in the analysis of Section 18.164 below. 2. Tualatin Valley Fire & Rescue has stated tilat the applicant shall !. required to provide a diagram which accurately demonstrates the relationship between the location of the structure and the fire hydrant. REARXNGS OPFtCER -. CUP 92.0004 / VAR 92-0019 - tOnINd PAGE 3. The City of Tigard Building Division, Tigard Police Department and Tigard Water District have reviewed the proposal and have offered no comments or objections. V. EVALUATION OF REQUEST 1. iacewiti. Commumity_psygl2pment Code. Section 18.130.040: The creation of a Residential Care Facility in an R-4.5 zone requires a Conditional Use approval. This proposal is consistent with the applicable approval standards. The site provides adequate area for the construction of the proposed expansion. There are no apparent physical obstacles to this use on the site. Adequate public utilities are available which presently serve this use which shall be addressed further in this aoalyais. Setbacks, lot coverage, and building height requirements of the R-4.5 zone, and the applicable Comprehensive Plan Policies can be satisfied by this proposal. Section 11,12gAmicall2j: The =eversion of the existing Residential Treatment Home into a Residential Care Facility either meets or exceeds all lot area and setback requirements of this code section and the R-4.5 zone; with the exception of a two foot projection into the required rear yard setback which shall be addressed later in this analysis. This site is approximately 0.34 acres (14,8810 square feet) in area. The front yard setback of the existing structure is approximately 36 feet. The side yard setbacks are approximately 11 and 17 feet with the rear yard setbac being approximately 15 feet with a two foot encroachment by a proposed rear exit door for the facility. Section 18.146.050 (Fleeible Setback) is satisfied because the encroachment into the required 15 foot rear yard setback is approximately two feet (13.3 percent) whereas the code allows up to a 20 percent eneroachment. Additionally, the reason for this encroachment is expansion of an existing Residential Treatment Home as allowed by this code section. Section 18.100.11e (Screening: Special Provisions) lists the specifications for providing screening for parking and loading areas. As shown on the landscaping plan, the existing landscaping will be retained. The present landscaping and front yard fence screens the majority of the front of the site from SW 121st Avenue. There are numerous established trees on this site including two very large Ceder trees in the front yard. In addition to the existing trees, existing hedges provide additional screening from adjacent properties. Wherefore, this code Oection has been satisfied. Section 18.102.020 (Visual Clearance) requires that a visual clearance area be maintained along the Intersections of all public and private right-of-ways. The applidant proposes to retain the existing trees and vegetation near the two driveway intereections with SW 121st Avenue. 'rile trees and vegetation which are within the vision clearance area shall be either limbed up to eight feet in height or trimmed to a maximum height of three feet to provide for adequate vision clearance HEARINGS OFFICER - CUP 92-0004 / VAR 92-0019 - LORINC PAGE 6 '.0' for the driveway/right-of-way intereections. Thereforet this code section shall be eatisfied. Section 18.106.030(A1(6) (Parking) requires the provision of four parking spaces for 10 beds, ply.) one apace for the one on-site employee, totaling five required parking spacfos4 The location of the parking spaces ae shown on the landscaping plan is not acceptable because the width of the paved drive is not wide enough to provide for both a minimum width parking stall, and a 12 foot wide one-way acceseway. The difficulty experienced by this Site in meeting the minimum parking and circulation standards is not the amount of available impervious surface, but rather the configuration of this available parking. This site presently contains enough paved area to provide parking for approximately nine vehicles (11 vehicles if the garage is included). However, this requires ntacking of the vehicles. Although the circular driveway provides sonic benefit in aiding a vehicle's ability to exit the site under stacked conditions, thie configuration doss not meet the code standard requirements. Code Section 241406 A4gibli2 l states that the approval authority may allow a reduction in the number of required olt-street parking spaces in housing developments for elderly or handicapped persons if such a reduction is deemed appropriate after analysis of the size and location of the development, resident auto ownership, and number of employees. In a telephone with Mrs. Kathy Lorinc (co-applicant) on October 29, 1992, it was stated that the average number of visitoro received by a resident of this facility is approximately one per month. In addition, the residents of this facility are no longer able to drive and therefore have no need to park a personal car on-site. Staff contends that due to both the nature of this facility, and the low probability of noticeable vehicular impact upon SW 121st Avenue as a result of the additLon of the five proposed new beds, reasonable adjustments should be made to the application of the appropriate standards to allow the ceerent configuration of the existing parking to continue to serve the proposed use without further modification. Furtbea*more, the creation of additional parking stall°, as specified by the development code staudards, would require the use of existing front yard area, probable damage damage to or removal of the 1. sge cedar trees, and would cause the propoeed use to further deviate from the appearance of surrounding uses. e, p , Section 18.108.070 (Acceds and Circulation e Minimum Requiremeatn) states that one driveway is required with a minimum acceas width of 15 feet and a minimum pavement Width of at least 10 feet. As demonetrated on the site plan, this proposal provides a 16 foot wide accesuway and therefore complies with this code standard. Section 18.150 (Trees) requires permits for the removal of treed. The site plan does not indicate an intent to remove any trees from the site. If it is the applicants, intent to remove trees from this property, a tree removal permit Obeli be applied for and obtained prior to the removal of any such trees. HtARINGS orrx0EA - CUP 92-0004 / VAR 02-0019 e LOAINC PAGE 7 Section 18.44.0:30E) (Minimum Rights -of -way and Street Widths) contains the regulations pertaining to street standards. The site is located on SW 121st Avenue which is cl eseified as a major collector and has the following minimum standards (all distances are from right -of -way centerline): 30 feet of right-of-way, 22 feet of pavement, curb and sidewalk. There is currer. ly 25 feet of right -of -way, approximately 16 feet of pavement, and no curbs or sidewalks. Section 18.16400301kIaliclfii.l.(Non- remonstrance) states that a non - remonstrance may be granted if, due to the nature of existing development on adjacent properties, it is unlikely that street improvements would be extended in the foreseeable future and the improvement associated with the project under review does not, by itself, provide a significant improvement to street safety or capacity. This application will not generate a significant increase in traffic volume no as to necessitate the immediate construction of street improvements. Additionally, due to the nature of existing adjacent development, it is unlikely that street improvements will be extended in the near future. The applicant should be required to dedicate additional right. -of -way along SW 121st Avenue to increase the right -of -way to 30 feet from the centerline, end to eign a non - remonstrance agreement for future improvements to SW 121st Avenue. G w; Sections 18.164.090 (Sanitary Sewer), and 18.164.100 (Storm Draino) shall be satisfied as specified below: 1. SANITARY SEWER: The site is currently being served by a public sanitary sewer system. Therefore no condition should be required for the public sanitary sewer line. 2. STORM SEWER: The only additional storm water run -off created by this development will come from the expansion of the single family house. The applicant should be required to Meet the requirements of the Building Department for the disposal of the storm water. The Unified Sewerage Agency has established, and the city has agreed to enforce (Resolution and Order No. 91 -47), Surface Water Management Regulations requiring the construction of on-site water quality facilities or fees in -lieu of their construction. construction of an on -site water quality treatment facility Is not appropriate for this Elite because the parcel is small compared to the development plan, and because the loss of area for the on -site facility would preclude the effective modification of the existing development on this site. In addition, requiring surface water quality facilities on small sites would result in numerous facilities that would become a maintenance burden to the city. purthermore, the applicant has nom proposed any such facilities HEARINGS OE 'ICER - cup 92- -0004 / V'AR 92 -0019 - LORINC PAGE 8 • and there art no natural depressions or other areas of this site that are particularly suitable for water quality facilities. Regional facilities, funded by fees in-lieu of their construction, would provide the required treatment with impeoved reliability and less maintenance. .therefore, the applicant should be required to pay the fee in-lieu of constAeJting an on-site water quality facility. s. e t �- 4 rg 1. J Y K �y . •' i. t ` �k ., �. ` _ LEGIBILITY STRIP 4 2. Compliance with Con rehensive Plan Policies: This proposed Conditional Use complies with all applicable Comprehensive Plan Policies as follows: a. Policy 2.1.1 is satisfied i cause NPOs #7 and #3 have both beea informed of this proposal and bar been given an opportunity to comment. In addition, notice of thio Jblic hearing specifying An opportunity to comment has been sent to nearby property owners. The site has been posted with a Land Use Action sign noting that a land use development application i° pending for this property. Public tetitimony regarding the proposal was received and duly considered at the Hearing Officer's November 9, 1992 public hearing. b. Policy 4.2.1 is satisfied because the City shall require a feeein-lieu of the installation of an on-eite water quality treatment facility. C. Policy 6.1.1 is satisfied because the purpose of this proposal is to provide residential care for some of the City's senior citizens and because adjustments to parking standards have been recommended in accoraiance with Section 18.106.040 (A)(2) whidh, in this; case, have taken into account the needs and requirements of these oitizens. d. Policies 7.1.2, 7.3.1 and 7.4.4 provide that the City will require as a condition of development appeoval that public water, sewer, and storm drainage will be provided and designed to City standards and that utilities shall be placed underground. This conditional time permit proposal complies with thewe policies because such utilities are currently in place and are able tu accommodate this site mod/;.fication. e. Policy 8.1.1 and 8.1.3 provide that the City will plan for a safe and efficient street and roadway system that meets current needs and anticipated future growth and development. This application complies with Policies 8.1.1 and 8.1.3 because the applicant shall be required to dedicate additional right-of-way on SW 121st Avenue and to sign a noneremonstrance agreement regarding a future LID to improve SW 121st. VI. CONCLUSION AVD RECOMMENDATION The Planning Division conoludes that the Conditienal Use request and proposed modification of this existing site will promote the general welfare of the City and will not be significantly detrimental nor injurious to surrounding properties provided that development which occurs after this decision complies with applicable local state and federal laws. HEARINGS OFFICER -4 CUP 92-0004 / VAR 92-0019 - LORINC 44' In recognition of the findings staff recommends APPIIOVAL of Conditional Use Permit CUP 92-0004 and Variance VAR 92-0019 subject to the gollowing conditions. ALL CONDITIONS SHALL BE SATISFIED OR COMPLETION SHALL BE FINANCIALLY ASSURED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. UNLESS OTHERWISE NOTED, THE STAFF CONTACT FOR ALL CONDITIONS SHALL BE MIS DV! S IN THE ENGINEERING DEPARTMENT, 639 -4171. 1. Additional right -of -way shall be dedicated to the Public along the SW :.21st Avenue frontage to increase the right -of -way to 30 feet from the centerline. The description shall be tied to the existing right -of -way centerline. The dedication document shall be on City forms. Instructions are available from the Engineering Department. 2. An agreement shall be executed by the applicant, on forms provided by the City, which waives the property owner's right to oppose or remonstrate against a future Local Improvement District formed to improve SW 121st Avenue. 3. The applicant shall pay the surface water quality fees as established under the guidelines of Unified Sewerage Agency Resolution and Order No. 91-47; Surface Water Management. NOTE: The fee shall be paid prior to issuance of building permit; contact the Building Department for additional information. CONDITIONAL USE APPROVAL SHALL BE VALID FOR EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF THIS DECISION. Prepared By: Ron Por roy Aesitatant Planner .�.' Date Approved By: Dicke Sewers ff Senior Pla her Date HEARINGS G'PI: ICE,R P. CUP 92 -0004 / VAR 92 -001.9 - LORINC PAGE 10 OM. S.W. .BURLHEIGH S SUMMER CREST ICATHER1t. KATHERINE SW WILLS P Cr ,S.W. S.W. SW, BROOK JOE & KATHY LORINC 12442 SW 122ND AVE TIGARD OR 97223 CAT, WOOLERY 12356 SW 132ND CT TIGARD OR 97223 • BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by Joe and Kathy Lorinc to allow the conversion of an existing single family residence into a residential care facility with associated site improvements. CASE: SUMMARY: I. SUMMARY OF THE REQUEST Conditional Use Permit CUP 92-0004 Flexible Setback Variance VAR 92-0019 AGENDA ITEM 2 A STAFF REPORT CUP 92-0004 VAR 92-0019 The applicants request Conditional Use approval to allow: 1) the conversion of an existing single family residence located on a 0.34 acre site into a residential care facility; and 2) the approval of a flexible setback variance. APPLICANT: Joe and Kathy Lori= 12442 SW 122nd Avenue Tigard, OR 97223 OWNER: Same COMPREHENSIVE PLAN DESIGNATION: Low Density Residential ZONING DESIGNATION: R-4.5 (Residential* 4.5 units per acre) LOCATION 12435 SW 121st Avenue (WCTM 281 3BB, tax lot 6900) APPLICABLE LAW: Community Development Code Chapters 18.050.040, 18.050.0500 18.100.110, 18.102.020, 18.106.030(A)(6), 18.106.040(A)(2), 18.108.070, 18.130.040, 18.130.150(C)(17), 18.146.050, 18.150.020(E), 18.164.030(A) and (B), 18.164.00(A)(1)(a), 18.164.090, 18.164.100, and Comprehensive Plan Policies 2.1.1, 4.2.1, 6.1.1, 7.1.2, 7.3.1, 7.4.4, 8.1.1, and 8.1.3. STAFF RECOMMENDATION: Approval subject to conditions. II. FINDINGS ABOUT SITE AND SURROUNDINGS A. Agekground Information: This residence is currently used as a Redidential Treatment Home providing care for five petsons. A Type I Home Occupation Permit (HOP 92-0002) was granted in 1992 for Joe's Car Sales auto brokerage. A sign permit was issued in 1990 (SGN 90-0132) for the use of the existing structure as an Elderly Cate 1101119. A current business tax has also been paid for this utile. No other land use applications have been submitted to the City for this site. B. Proposal Desctiptiont The applicant proposes to build an addition on the rear of an existing sing le-amily residence. A Conditional Use per' it has been requested HEARINGS OFFICER - CUP 92-0004 / VAR 92,-0010 LONINC PAGE 1 to allow this residence to be used as a residential care facility serving a total of ten disabled and /or socially dependant residents. A portion of this expansion is proposed to project approximately two feet into the required rear yard setback. Therefore, a flexible setback variance is included as part of this application. Vicinity informa�: Properties located to the north, east and west are zoned R -4.5 (Residential 4.5 units per acre) and are substantially developed with single - family homes. The parcels located to the south are unincorporated and under the jurisdiction of Washington County. These lots are similarly developed. Existin uses and structures,: A single family residence and detached garage are located on the site. A circular drive passes under a covered unloading trOa in front of the . Two large cedar trees are located home. A driveway also connects �tWhe circular drt.ve to the detached ed garage near the rear of the the middle of the front yard, with a number of smaller landscaping trees and shrubs located around the residence. Tall sight obscuring hedges are present along both side lot linos of this parcel. III. APPLICABLE APPROVAL STANDARDS Community Develo rent Code: 1. Chapter 18.50.040 lists Residential Use in the R -4.5 Zone 2. Chapter 1.6.130.040, contains the criteria for a Conditional rise: Care Facility as a Conditional following general approval 1) The site size and dimensions provide: a. Adequate area for the n Meds of the proposed use; and b. Adequate area for aesthetic design treatment to mitigate possible adverse effects from the use on surrounding properties and uses. 2) The Characteristics Of the Site are suitlble for the proosed use considering size, shape, 10Cati „n, topography, and natural features. All required public facilities have adequate capacity to serve the proposal. The applicable requirements of the zoning district are Met except as modified by this chapter. HEARINGS OFFICER CUP 92 -0004 / VAR 92 -0019 tOR1'C PAGE 2 • 5) The supplementary requirements set forth in Chapter 18.114 (Signs) and Section 18.120.180 (Approval Standards) Site Development Review, if applicable, are met. 6) The use will comply with the applicable policies of the Comprehensive Plan. 3. Section 18.130.150(01121 contains the following additional Conditional Use criteria for Group Care Residential: a. Applicable zones: single-family residential and multiple family residential; b. Minimum Lot Size: 5,000 square feet; c. Minimum Setbacks: see applicable zone; d. Height Limitations: see applicable zone; e. Compliance with'all state requirements; and f. Off-Street Parking: in accordance with Subsection 18.106.030(A)(6). 4. Section 18.050.050 (R-4.5 Zone) requires a minimum lot area of 7,500 square feet for each detached unit. The average minimum Lot width is required to be 50 feet. Additionally, the required setbacks are as follows: front yard - 20 feet; side yard - 5 feet; rear yard - 15 feet; garage to front property line 20 feet. • 5. Section 18.146.050 (Flexible Setbacks - Approval Criteria) states that a minimum setback requirement may be reduced up to 20 percent provided that the applicable standards are satisfied. These applicable standards are: a. the reduction shall be necessary to allow for the enlargement or remodeling of an existing building; and b. the proposed addition will not encroach upon an existing easement. 6. Section 18.105.030(A) (61 (Parking) requires that one parking space be provided for every three beds plus one space for each employee. This Code permits Up to 25% Of the parking spaded to be compact parking otalls. Additionallyi current Ateridans with Distabilitiest Ade (ADA) requirements require the provision of at least one handicapped parking stall if up to 25 parking spaces are provided. I. Chapter 18.100.110 (Screening: special ProVidione) lists the specifications for providing screening for parking and loading areas. Planting materials to be inbtalled should achieve a relative balance between low lying and vertical shrubbery and treed. Parking lot treed are to be planted in landscaped island in all parking areas and Shall be equally distributed on the basis HEAR/NGS OFF/CHR - CUP 02-0004 / VAR 92-0019 LoRINc PA= 3 • of one tree for each seven parking spaces in order to provide a canopy effect. 8. Chapter 18.150 requires a plArmit and contains standards for removal of trees having a trunk 6 inches or more in diameter measured four feet above the ground on undeveloped residential land. A permit for tree removal must present rationale which complies with specified criteria in order to obtain approval. 9. Section 18.102.020 (Visu(1 Clearance) requires that a visual clearance area be maintainer along the intersections of all public and private right-of-ways. 10. Section 18.108.070 (Access and Circulation Minimum Requitements) state that the accessway must be at least a minimum of 15 feet wide with at least 10 feet of pavement. 11. Chapter 18.164 contains standards for streets and utilities. a. Section 18.164.030(Al requires streets within and adjoining a development to be dedicated and improved based on the classification of the street. b. Section 18.164.030(Alilligi states that the Director may accept a future improvement guarantee in lieu of street improvements. c. Section 18.1,§A.SLAM. requires a major collector to have a minimum 60-90 foot right-of-way and a 44 foot minimum roadway width, and 2-4 moving lanes. d. Section 11,104„17WAL11111 requires sidewalks adjoining both side of collector streets. e. Section 18.164.090 requires sanitary sewer serVice. f. Section 18.164.100 requires adequate provisions for storm water runoff and dedication of easements for storm drainage fadilities. B. Applicable cam tehensive Plan Policies. 1. Policy 2.1.1 provides the City will assure that citizens Will be provided an opportunity to participate in all phases of the planning and development review process. 2. Policy 4.2.1 provides that all development within the Tigard urban planning area shall comply with applicable federal, state and regional water quality standards. 3. Policy 6.1.1 provided that the City shall provide an opportunity for a diversity of housing densities acid residential typed at various price and tent levels. Additionallyk implementatioti strategy ntiMber Six states that the city shall provide fot HEARINGS OFFICER - CUP 92-0004 / VAR 92.4019 - LORINC PAGE 4 • , a • • opportunities for proposals to develop specialized housing for the area's senior citizens and handicapped based on the needs of these groups by allowing special use housing for these groups in all development districts and by requiring thee needs of the handicapped to be considered as a part of the Site Design Review process. 4. Policy 7.1.2 provides the City will require, as a condition of development approval, that public water, sewer, and storm drainage will be provided and designed to City standards and utilities placed underground. 5. Policy 7.3.1 provides the City will coordinate water services with water districts. 6. Policy 7.4.4 requires all new development to be connected to an approved sanitary sewer system. 7. Policy 8.1.1 provides the City will plan for a safe and efficient street and roadway system that meets current needs and anticipated future growth and development. 8. Policy 8.1.3 provides the City Ili 11 require as a precondition of approval that: a. Development abut a dedicated street or have other adequate access; b. Street right-of-way shill be dedicated where the street is substandard in width; c. The developer shall commit to construction of the streets, curbs, sidewalks to City standards within the development. d. The developer shall participate in the improvement of existing streets, curbs, and Sidewalks to the extent of the development's impacts; e. Street improvements shall be made and street signs or signalS shall be provided when the development is found to create or intensify a traffic hazard. IV. MPG & AGENCY COMMENTS 1. The City of Tigard Engineering Department has reviewed the proposal and had provided comments which are summarized in the analysis of Section 18.164 below. 2. Tualatin Valley Fire & Rescue has stated that the applicant shall be required to provide a diagram which accurately demonstrates the relationship between the location of the structure and the fire hydrant. HEARINGS OFFICER COP 92.4004 / VAR 92-0019 LORINC 1:* PAGE 5 4 41, • , 3. The City of Tigard Building Division, Tigard Police Department and Tigard Water District have reviewed the prof .)sail and have offered no comments or objections. V. EVALUATION OF REQUEST 1. Com_yliancc with Coamnunity Development Code. Section 18.130.040: The creation of a Residential Care Facility in an Tt -4.5 zone requires a Conditional Use approval. This proposal is consistent with the applicable approval standards. The site provides adequate area for the construction of the proposed expansion. There are no apparent physical obstacles to this use on the site. Adequate public utilities are available which presently serve this use which shall be addressed further in this analysis. Setbacks, lot coverage, and building height requirements of the R-4.5 zone, and the applicable Comprehensive Plan Policies can be satisfied by this proposal. Section 18.130.150(C$(17 A: The convercionof the existing Residential Treatment Home into a Residential Care Facility either meets or exceeds all lot area and setback requirements of this code section and the R -4.5 zone; with the exception of a two foot projection into the required rear yard Setback which shall be addressed later in this analysis. This site is approximately 0.34 acres (14,8810 square feet) in area. The front yard setback of the existing structure is approximately 36 feet. The side yard approximately feet with the rear yard setback rbei. gb approximately 15 feet with and two foot encroachment by a proposed rear exit door for the facility. Section 18.146.050 (Flexible Setback) is satisfied because the encroachment into the required 15 foot rear yard setback is approximately two feet (13.3 percent) whereas the code allows up to a 20 percent encroachment. Additionally, the reason for this encroachmnt is expansion of an existing Residential Treatment Home as allowed by this code section. Section 18.100.10 (Screening: Special Provisions) lists the spec if ications Qo i�� providing screening f parking landscaping loading areas. As shown on the y in plan, the existing l be retained. The present landscaping and front yard fence screens the majority of the front of the cite from SW 121st Avenue. There are numerous established trees on this Site including two very large Ceder trees in the front yard. In addition to the existing trees, existing hedges provide additional screening from adjacent properties. Therefore, this code section has been Satisfied. Section 8.102.020 (Vi.siial Clearance) requires that a visual clearance area be maineained along the intersections of all public and private right -of -ways. The applicant proposes to retain the existing trees and vegetation near the two driveway intersections with SW 121st Avenue. The trees and vegetation which are within the vision clearance area shall be either limbed up to eight feet in height or trimmed to a maximum height of three feet to provide for adequate vision clearance HEARINGS oI'FICEFE -CUP 92 -0004 VAR 92-0019 - LOFtII1C PAGE 6 ' i for the driveway /right -of -way intersections. Therefore, this code section shall be satisfied. Section 18.106.030QA)b) (Parking) requires the provision of four parking spaces for 10 beds, plus one space for the one on -site employee, totaling five required parking spaces. The location of the parking spaces as shown on the landscaping plan is not acceptable because the width of the paved drive is not wide enough to provide for both a minimum width parking stall and a 12 root wide one -way accessway. The difficulty experienced by this site in meeting the minimum parking and circulation standards is not the amount of available impervious surface, but rather the configuration of this available parking. This site presently contains enough paved area to provide parking for approximately nine vehicles (11 vehicles if the garage is included). However, this requires stacking of the vehicles. Although the circular driveway provides some benefit in aiding a vehicle's ability to exit the site under stacked conditions, this configuration does not meet the code standard requirements. Code Section 18.106.040Jal states that the approval authority may allow a reduction in the number of required off- street parking spaces in housing developments for elderly or handicapped persons if such a reduction is deemed appropriate after analysis of the size and location of the development, resident auto ownership, and number of employees. In a telephone with Mrs. Kathy Lorinc (co- applicant) on October 29, rs received by a 1992, esident of this facility is approximatnumber one per month. In addition, resident 7f the residents of this facility are no longer able to drive and therefore have no need to park a personal car on- site. Staff contends that due to both the nature of this facility, and the low probability of noticeable vehicular impact upon SW 121st Avenue as the p P 3 result of t of application of the beds, appropriate d �tandards ttonalloho�ld addition of the five ro ooed new the be made to the appli current configuration of the existing parking to continue to serve the proposed use without further modification. Furthermore, the creation of additional parking stalls, as specified by the development code standards, would require the use of existing front yard area, probable damage damage to or removal of the large cedar trees, and would cause the proposed use to further deviate from the appearance of surrounding uses. Section 18.108.070 (Access and Circulation - Minimum Requirements) states that one driveway is required with a minimum access width of 15 feet and a minimum pavement width of at least 10 feet. AS demonstrated On the site plan, this proposal provides a 16 foot wide accesaway and therefore complies with this code standard. Section 18.150 (Trees) requires permits for the removal of trees. The site plan does not indicate an intent to remove ?any trees from the site. if it is the applicants' intent to remove trees from this property, a tree removal permit shall be applied for and obtained prior to the reritoval of any such trees. HEARINGS OFFICER - CUP 92 -0004 VAR 92-0019 - LORINC PAGE I ki A A. ' • ' *.a.• ;7' Section pidli,pogi (Minimum Rights-of-way and Street Widths) contains the regulations pertaining to street standards. The site is located on SW 121st Avenue which is classified as a major collecor and has the following minimum standards (all distances are from right-of-way centerline): 30 feet of right-of-way, 22 feet of pavement, curb and sidewalk. There is currently 25 feet of right-of-way, approximately 16 feet of pavement, and no curbs or sidewalks. Section 181164WIE0Lkalljsailiki (Non-remonstrance) stateo that a non- remonstrance may be granted if, due to the nature of existing development on adjacent properties, it is unlikely that street improvements would be extended in the foreseeable future and the improvement associated with the project under review does not, by itself, provide a significant improvement to street safety or capacity. This application will not generate a significant increase in traffic volume so as to necessitate the immediate construction of street improvements. Additionally, due to the nature of existing adjacent development, it is unlikely that street improvements will be extended in the near future. The applicant should be required to dedicate additional right-of-way along SW 121st Avenue to increase the right-of-way to 30 feet from the centerline, and to sign a non-remonstrance agreement for future improvements to SW 121st Avenue. PatligRtilltYcaegataft: Sections 18.164.090 (Sanitary Sewer), and 18.164.100 (Storm Drains) shall be satisfied as specified below: 1. SANITARY SEWER: The site is currently being served by a public sanitary sewer system. Therefore no conditions should be required for the public sanitary seWer line. 2. STORM SEWER: The only additional storm Water run-off created by this development will come from the expansion of the single family house. The applicant should be required to meet the requirements of the Building DepartMent for the dioposal of the storm Water. The Unified Sewerage Agency had established, and the City has agreed to enforce (Resoluticni and Order No 91,41), Surface Waiter kanageMient gegUlationd requiring the construction of On-relate waiter quality facilities or fees in-lieu of their construction. Construction of an On.wittite Water quality treatment facility 1.6 not appropriate for this Site because the parcel is small compared to the develOpment, plan, and because the load of area for the on-site facility would preclude the effective modification of the existing development On this Site. In additiOili requiring outface Water quality facilities On Small sites would redUlt in nintiettitid facilities that tfiOUld become a maintenance burden to the city. rUrtherMOrei the applicant has not proposed any such fadilitititi MARIN6S OPPICER - CUP 92-0004 / VAR 92-0019 - LORINC PAGE 8 t• LEGIBILITY STRIP • and there are no natural depressions or other areas of this site that are particularly suitable for water quality facilities. Regional facilities, funded by fees in-lieu of their construction, would provide the required treatment with improved reliability and less maintenance. Therefore, the applicant should be required to pay the fee in-lieu of constructing an on-site water quality facility. 2. ggLIVIAMM,SgNIthg2MREPfianaive Plan Pnliciaa: a. This proposed Conditional Use complies with all applicable Comprehensive Plan Policies as follows: Policy 2.1.1 is satisfied because NPOs #7 and #3 have both been informed of this proposal and have been given an opportunity to comment. In addition, notice of the public hearing specifying an opportunity to comment has been sent to nearby property owners. The site has been posted with a Land Use Action sign noting that a land use development application is pending for this property. Public testimony regarding the proposal was received and duly considered at the Hearing Officer's November 9, 1992 public hearing. b. Policy 4.2.1 is satisfied because the City shall require a fee-in-lieu of the installation of an on-site water quality treatment facility. C. Policy 6.1.1 iu satisfied because the purpose of this proposal is to provide residential care for Some of the City's senior citizens and because adjustments to parking standards have been recommended in accordance with Section 18.106.040 (A)(2) which, in this case, have taken into account the needs and requirements of theee citizens. d. Policies 7.1.2, 7.3.1 and 7.4.4 provide that the City will require as a condition of development approval that public water, sewer, and storm drainage will be provided and designed to City standards and that utilities shall be pladed underground. This conditional use permit proposal complies with these policies because such utilities are currently in place and are able to accommodate this site modification. e. Policy 8.1.1 and 8.1.3 provide that the City will plat for a safe and efficient street and roadway system that meets Current needs and anticipated future growth and development. This application complies With Policies 8.1.1 and 8.1.3 because the applicant shall be required to dedicate additional right-of,..way on SW 121st Avenue and to sign a non-remonstrance agreement regarding a future LID to improve SW 121st. la. CONCLUSION AND RECOMMENDATION the Planning Division concludes that the Conditional USe request and proposed modification of this existing Site will promote the general welfare of the city and will Pot be significantly detrimental nor injtiriOUEi to Surrounding properties provided that deVelopment which occurs after this decision complied with applicable local State and federea laws. HEARINGS OFF/CER N, CUP 92-0004 / VAR 92.4019 LORINO PAGE 0 • ar1 '!1 7.4 44, In recognition of the findings staff recommends APPROVAL of Conditional Uoe Permit CUP 92-0004 and Variance VAR 92 -0019 subject to the following conditions. ALL CONDITIONS SHALL BE SATISFIED OR COMPLETION SHALL BE i1'INANCIALLY ASSURED PRIOR TO THE ISSUANCE OF BUXLDING PERMITS. UNLESS OT4ERWISE ,TOTED, THE STAFF CONTACT FORAM CONDITIONS SHALL BE CHRIS DAVIES IN TUE ENGINEERING DEPARTMENTn 639-4171. 1. Additional right -of -way shall be dedicated to the Public along the SW 121st Avenue frontage to increase the right -of-way to 30 feet from thf centerline. The description shall be tied to the existing right -of -way centerline. The dedication document shall be on City forms. Instructions are available from the Engineering Department. 2. An agreement shall be executed by the applicant, on forms provided by the City, which waives the property owner's right to Oppose or remonstrate against a future Local Improvement District formed to improve SW 121st Avenue. 3. The applicant shall pay the outface water quality fees as established under the guidelines of Unified Sewerage Agency Resolution and Order No. 91 -47; Surface Water Management. NOTE: The fee shall be paid prior to issuance Of building permit; contact the Building Department for additional information. CONDITIONAL USE APPP.OVAL SHALL BE VALID FOR EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF THIS DECISION. Prepared By: Ron PC ' roy Assistant Planner Date Approve » Hit's Dick sewers ff Date Senior PI = er HEARINGS OFFICER - CUP 92 --0004 / VAR 92 -0019 - LoRt d PAGE 10 S.W. EDG WA E CT S.W. EWEN-WEIGH SUMMER CREST r+' W :KAMER It KATHERINE 1231 CT. ANN PL BROOK S W. MARIE CT, FROM igard Planning Department Rte: +raM Qt! vs CUP 92 -0004 Lam (NPO #7 & 3) A reque ©t for a Conditional Use approval to allow the conversion of an existing single family residence into a residential care facility. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.50, 18.98, 18.100, 18.102, 18.106, 18.108, and 18.130. LOCATION: 12435 SW 121st Avenue (WCTM 281 3BB, tax lot 6900) ZONE: R -4.5 (Residential, 4.5 unite /acre) The R -4.5 zone allows single family residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary uses, and accessory structures among other uses,. Attached Le the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by Oct. 23 19. You may use the space provided below or attach a separate letter to return your comments. =ism are unable to ree ,x►nd h he above date, please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, PO Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PRONE: 639 -4171. STAFF CONTACT: .7e gy... offer PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: XX We have reviewed the proposal and have no objections to it. tea.. Please contact of our office. Please refer to the enclosed letter. Written Comments: M•, Name of Person commenting: Michael MI11er, ._Enq n erinc rrech, III Phone Number: 639-1554 REQPEST FOR COMMENTS TO: C�e� 5 _ DATE: CUP 92-0004 FROM: Tigard Planning Department Rid: CONDITIONAL USE CUP 92 -0004 LOS (NPO #7 EC 3) A request for a Conditional Use approval to allow the conversion of an existing single family residence into a residential care facility. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.50, 18.98, 18.100, 18.102, 18.106, 18.108, and 18.130. LOCATION: 12435 SW 121st Avenue (WCTM 281 3B8, tax lot 6900) ZONE: R -4.8 (Reaideutial, 4.5 units /acre) The R -4.5 one allows single family residential units, public support facilities, residential treatment homes, farming, manufactured homes, - family day care, home occupations, temporary uses, and accessory structures among other uses. Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by 5?ct. ?3, 1992. You may use the space provided below or attach a separate letter to return your comments. If you are..unable to roe nd b the ..b ate` please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, PC) BOX 23397, 13125 SW Ball Blvd., Tigard, OR 97223. PHONE: 639 -4171. STAFF CONTACT: Jew f fer PLEASE CHECK THE FOLLOWINO ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written Comments: Name of PersonComnmenting Phone NumbLr: TO: Ron Pomeroy October 19, 1992 FROM: Chris Davies, Development Review Engineerqb- RE: CUP 92-0004 - LORINC Description: The applicant proposes to convert and expand an existing single family residence into a residential care facility. Findings: 1. STREETS: The site is located on S.W. 121st Avenue; which is classified as a major collector and has the following minimum standards (all distances are from right-of-way centerline): 30 feet of right-of-way, 22 feet of pavement, curb and sidewalk. Currently there is 25 feet of right-of-way, approximately 16 feet of pavement, and no curbs or sidewalks. The applicant should be required to dedicate additional right- of-way, and sign a non-remonstrance agreement for improvements to S.W. 121st Avenue. 2. SANITARY SEWER: The site is currently being served by a public sanitary sewer system. Therefore no conditions should be required for the public sanitary sewer line. 3. STORM SEWER: A . • The only additional storm water run-off created by this development will come from the expansion of the single family house. The applicant should be required to meet the requirements of the Building Department for the disposal of the storm water. The Unified Sewerage Agency has established and the City has agreed to enforce (Resolution and Order No, 91-47) Surface Water Management Regulations requiring the construction of on site water quality facilities or fees in-lieu of their ENGINEERING COMMENTS: CU? 92-04 LORINC Yh,...,. a f *• ���.� construction. Construction of an on- site water quality treatment facility is not appropriate because the site is small compared to the development plan, and the loss of area for the on-site facility would preclude the effective development. In addition, requiring surface water quality facilities on small sites would result in numerous facilities that would become a maintenance burden to the City. Furthermore, the applicant has not proposed any such facilities and there are no natural depressions or other areas of this site that are particularly suitable for water quality facilities. Regional facilities, funded by fees in -lieu of construction of these facilities, would provide the required treatment with improved reliability and less maintenance. Therefore the applicant should be required to pay the fee in-lieu of constructing an on -site facility. RECOMMENDATIONS: 1. Additional right-of-way shall be dedicated to the Public along the S.W. 121st Avenue frontage to increase the right-of-way to 30 feet from the centerline. The description shall be tied to the existing right -of -way centerline. The dedication document shall be on City forms, Instructions are available from the Engineering Department. 2 An agreement shall be executed by the applicant, on forms provided by the City, which waives the property owner's right to oppose or remonstrate against a future Local Improvement District formed to improve S.W. 121st Avenue, 3. The applicant shall pay the fees as established under the guidelines of Resolution and Order No, 91-47; Surface Water Management. NOTE: The fee shall be paid prior to issuance of building permit; contact the Building Department for additional information. APPROVED Randall R. Wool,, City Engineer CDcup92 -04.CD ENGINEERING COMMENTS CUP 92-04 LORINC RE VEST FQ►R CCYdMENT:s khA DATE: CUP 92 -0004 FROM: Tigard Planning Department RE: CONDITIONAL USE CUP 92 -0004 LORINC (NPO #7 a 3) A request for a Conditional Use approval to allow the conversion of an existing single family residence into a residential care facility. APPLICABLE REVIEW CRITERIA: COmmunity Development Code Chapters 18.50e 18.98, 18.100, 18.102, 18.106, 18.108 a and 18.130. LOCATION: 12435 SW 121st Avenue (WCTM 251 3BH, tax lot 6900) ZONE: R -4.5 (Residential, 4.5 units/acre) The 13 -4.5 zone allows single family residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary uses, and accessory structures among other uses. Attached ie the• Site Plan and applicant's -statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, w+e need your comments by Oct. 23, 19 .. You may use the space provided below or attach a separate letter to return your comments. 1, you ..are unable to respond by tine above dated please phone the staff contact noted below with your comments and confirm your comments in writing as MC*12 as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, PO Box 23397, 13125 SW Hall Blvd., Tiganrd, OR 97223. PHONE: 639 -4171. STAFF CONTACT: Jerry _ Offer PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. y Written Comments n. 4rz14 Phone Number: ._ . ^••••'. .7 • • ggggEsT FOR COMMENTS DATE: ARE_92=0011.___________ FROM: Tigard Planning Department RE: pooTxoNAL USE CUP 92-0004 LORINC (NPO 87 & 3) A request for a Conditional Use approval to allow the conversion of an existing single family residence into a residential care facility. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.50, 18.98, 18.100, 18.102, 18.106, 18.108, and 18.130. LOCATION: 12435 SW 121ot Avenue (WCTM 251 3138, tax lot 6900) ZONE: R-4.5 (Residential, 4.5 units/acre) The R-445 zone allows single family residential unite, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary uses, and accessory structures among other uses. Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by oat. 23, 19. You may use the space provided below or attach a separate letter to return your comments. Ltysmgraj unable tosuo the abovejatet please phone the staff contact noted below with your comments and confirm your comments in Writing as Soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, PO Box 23397, 13125 SW Hall Bird., Tigard, OR 97223. PHONE: 639-4171. STAFF CONTACT: Jet Offer PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written Comments: 0'14 • • • .,• ,,,• • FROM: Tigard Planning Department s CONDITIONAL CUP 92-0, �R, (NPO *V C 3) A request for a Conditional Use approval to allow the conversion of an existing single family residence into a residential care facility. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.50, 18.90, 18.100, 18.102, 18.106, 18.108, and 18./30. LOCATION: 12435 SW 121st Avenue (WCTM 281 388, tax lot 6900) ZONE: R -4.5 (Residential, 4.5 units /acre) The R...4.5 zone allows single family residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary uses, and accessory structures among other uses. Attached is the Site Plan and applicant's statement for your review. From information supplied by various departmats and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near- future.. If you wish to comment on this application, we need your comments by Oct. 23, 1992. You 1' Y use the space provided below or attach a separate letter to return your comment.:a. L,Iyrnt are _ unable to respond by t ave elate. please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible, Xi you have any questions regarding this matter, contact the Tigard Planning Department, FO Box 23397, 13125 SW all Blvd.,, Tigard, OR 97223. PROSE: 639-4171. STAFF CONTACT: or gf fer .. PLEAS CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no Objections to it. Please contact of our office. PlGaee refer to the enclosed letter. Written Comments: After Recording Return Capp "' ;`= ecorded Document to: City Recorder - City of Tiga 13125 SW Hall Blvd. • Tigard, OR 97223 1INDTVIDUAL Pilo Igo. CU? WAIVER (NON - REMONSTRANCE AGREEMENT) STREET IMPROVEMENT The undersigned owners (including purchasers) of the real property described below do hereby record their consent to the formation of a local improvement district by the City of Tigard for the purposes of improving the public streets upon which the described property abuts. The undersigned expressly waive all present and future rights to oppose or remonstrate against the formation of a local improvement district for the improvement of the abutting street or streets, reserving only the right to contest•the inclusion of particular cost items in the improvement district proceeding and any right they may have under the laws of the State of Oregon to contest the proposed assessment formula. The real property that is the subject of this consent covenant is described on Exhibit A. IN WITNESS WHEREOF, I hereunto set my hand on this day of 40 2S Loki IJC /kaiak Loki o' • Print Name Print Name STATE OF OREGON ) ) ss. County of Washington ) This instrument was acknowledged before me on Signature Address . a 77?3 J'z-i1't 2 Ste/171 OFFICIAL SEAL o n9tE A. RUSSELL `1O1'1111Y IyUl3LIC•OREGON Itis t SI0N NO, 015993 MY COMMISS+k " 'XPIRES JUNE 10, 1996 Accepted on behalf of the City of Tigard this jL NO CHANGE IN TAX STATEMENT name of person(s)). 1, ./ .. mss+ -..�- Notary s _ of My Commission Expires: • A PARCEL. OF LAND LOCATED IN THE N.W. 1/4 OF THE N.W. 1/4 OF SECTION 3, TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE W W I LL AMETTE MERIDIAN, IN THE CITY OF T I GARD, COUNTY OF WASHINGTON, STATE OF OREGON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTERLINE OF S.W. 121ST AVE. (COUNTY ROAD NO. 358)e AT THE NORTHEAST CORNER OF Ci�RISTENSOC� AS THAT CERTAIN TRACT OF LAND CONVEYED TO E.R. , . , OF ESCRI BED IN 1300K ,182, PAGE 161, OF THE • DEED RECORDS O WAa WASHINGTON COUNTY OREGON & THE SOUTHEAST CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED TO EILEAN V. EDWA.RDS, AS CE RECORDS OF DESCRIBED IN BOOK 360, PAGE C9, OF THE DEED REC WI WASHINGTON COUNTY OREGON; THENCE 579-59-52W A DISTANCE OF WAY OF SAID OF 26.45 FEET TO A POINT ON THE WEST RIGHT THIS S.W. 121ST AVE. AND THE TRUE POINT OF BEGINNING OF DESCRI PTION; THENCE 579 -59 -52 ALONG . THE SOUTHEASTERLY' LINE OF 11 DISTANCE OF 158.08 FEET TO A 5/8 INCH . S�,I D EDWARDS TRACT A IRON ROD; THENCE S8- 32 -40W A DISTANCE OF 79. 63 FEET TO ft /t POINT MARKED BY A 5/8 INCH IRON ROD; THENCE S65- '57 -08E DISTANCE OF 149.32 FEET TO A POINT IN THE AFORESAID WEST RIGHT OF WAY; THENCE N9- 01 -49E (PARALLEL TO AND 25.00 FEET FROM WHEN MEASURED AT RIGHT ANGLES TO THE SAID CENTERLINE OF .ti�t. 1215T AVE.) A DISTANCE OF 118.21 FEET TO THE TRUE � POINT OF BEGINNING. SQUARE FEET 'MORE OR LESS CONTAINING 14,760 After Recording Return Copy ecorded Document to: City Recorder - City of Tlga 13125 SW Hall Blvd. - Tigard, OR 97223 . INDIVIDUAL • DEDICATION DEED FOR ROAD OR STREET PURPOSES Piro No. e P to do hereby dedicate to the public a perpetual right -of -way for street, mad, and utility purposes on, over, across, under, along, and within the following described real propety in Washington County, Oregon: Attached Exhibit "A" To have and to hold the above - described and dedicated rights unto the public forever for uses and purposes hereinabove stated. The grantors hereby covenants that they are the owner in fee simple and the property is free of all liens and encumbrances, they have good and legal right to grant their right above - described, and they will pay all taxes and assessments due and owing on the property. The true consideration for this conveyance is $ 0 However, the actual consideration consists of or includes other property or value given or pi oinised which is the whole consideration. :,� r�, OF I hereunto set m hand on this I da,.. of (2C, 19 ` -'(.`' IN, � � Y 1 Y Zj3 o Tax Statennent Address I STATE OF OREGON ) ) ss, County of Washington ) This instrument was acknowledged before me on OFFICIAL SEAL D OOZE A. RU3t LL ,;'• NOTARY PUOLIc•ORECON COMM;sSION NO 015093 MY COMMISSION EXPIRES JUNE 10, 1996 Signature sc) I2.2 4 Mailing Address 1Cirri (date) Notary's Signature My Commission Expires; 6. (name of persons) Accepted on behalf of the City of Tigard this VI of .�`' 19 City Etigineer BURTON ENGINEERING AND SURVEY CO. 1194$ SW PACIFIC HIGHWAY #302 TIGARD, OREGON 97223 4,4 DESCRIPTION FOR A 5.00 FEET WIDE STRIP ALONG THE WEST RIGHT OF WAY OF SW 121ST. AVE., TIGARD, OREGON. A strip of land 5.00 feet in width, the Westerly line lying 30.00 feet and parallel to the center line of SW 121st. Avenue lying in the N.W. 1/4 of the N.W. 1/4 of Section 3, Township 2 South, Range 1 West of the Willamette Meridian, in The City of Tigard, County of Washington, State of Oregon, more particularly described as follows: Beginning at a point on the centerline of S.W. 121st. Ave. (County Road No. 358)0 at the Northeast corner of that certain tract of land conveyed to H.R. Christenson as described in Book 182, Page 161, of the deed record o of Washington County Oregon and the Southeast corner of that certain tract of land conveyed to Eilean V. Edwards, as described in Book 360, Page 69, of the deed records of Washington County Oregon; thence South 79° 59° 52" West a distance of 26.45 feet to a point on the West right of Way line of said S.W. 121st. Ave. and the true point of beginning of this description; thence South 79`' 59' 52" West along the Southeasterly line of said Edwards tract a distance of 5.29 feet to a point lying 30.00 feet when measured at right aples from the centerline of S.W. 121st. Ave.; thence South 9 01' 49" West on a line parallel to and 30.00 feet from the centerline of SW 121st. Ave. a distance of 116.92 feet to the Southerly line of that parcel conveyed to Lorinc in film volite 90006612 Washington County deed records, thence South 85 51' 08" East is distance of 6.02 feet to ths Westerly right of way of S.W. 121st. Ave., thence North 9 01° 49" East along the Westerly right of way line of S.W. 121st. Ave. a distance to 118.21 feet to the true point of beginning. , A • DEDICATION DETAIL FEE NO. 90006612 N.W, 1/4 OF SMTIC]N 3 T.2Sy R,iW,, W,M. CITY OF TIGARD, WASHINGTON COUNTY, OREGON DRAWN BY: BURTON ENGINEERING & SURVEYING 302 TIGARD PLAZA TIGARD, OREGON 97223 PH: 1- 0503)- 639 -6116 OR FAX 1-- (503) --639 -6117 FEE NO. 90006612 N 85457'08 W 14,9,32 FILE NO CUP 920004 FILE TITLE: LORINC APPLICANT: Joe 6s Kathy Lorcinc 12442 SW 122nd Avenue Tigard, Oregon 97223 OWNER: SAME REQUEST: A request for Conditional Use approval to allow the convertion of an existing ingle family residence into a residential care facility. APPLICABLE REVIEW CRITERIA: Community Devel'pmient Code Section 18.50, 18.98, 18.100, 18.1020 18.106, 18.108, 18.130. LOCATION: 12435 SW 121st Avenue. (WCTM 2s1 3UBe tax lot 6900) ZONE: R-4.5 (Residential, 4.5 units per acre) The R-4.5 zoning allows single family residential unite, public support facilities, residential treatment home, Naming, ora use, residential fuel tank, and accessory temporary homer family day care, home occupation structures. NPO NO: 7 e 3 NPO CHAIRPERSON: Cal Woolery / Herman Porter PHONE UMBER: MBER: 6394297 / 639 -0895 CHECK ALL WHICH APPLY: STAFF DECISION COMMENTS DUE BACK TO STAFF QJL .. 1992 PLANNING COMMISSION DATE OF HEARING: _. TIME:7 HEARINGS OFFICER DATE OF HEAR/PO: ___ TIME: Om CITY COUNCIL DATE OP HEARING: .... TIME :7 ATTACHMENTS X VICINITY HAP , L NARRATIVE ,,.X • SITE PLAN X .. LANDSCAPING PLAN X ARCHITECTURAL PLAN OTHER:$RADING PLAN tTAFF CONTACT: ggEgy, 0f er -__ 639 .-4171 LEGIBILrrY STRIP' CONDITIONAL ASE_AESISATIOR CITY OF TIGARD, 13125 SW Hall, PO Box 23397 Tigard, Oregon 97223 - (503) 639-4171 1. GENERAL INFORMATION kniSr. PROPERTY ADDRESS /LOCATION -I. `51LX./ 1.4-4 A-1C;latrOf 2 2'% TEL, MAP AND TAX LOT NO. SITE SIZE PROPERTY OWNER/DEED HOLDER* 64-W14 142 ADDRESS 12 CLSXL.111___ PHONE A4 CITY ZIP -A221;7---- 0.A1')11-1C,/ ADDRESS PHONE CITY ZIP *When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession with written authoftzation from the owner or an agent of the owner with written authorization. The owner(s) must sign this application it the apace provided on page two or submit a written authorization with this application. 2. PROPOSAL SUMMARY The owners of record of the subject property request conditional use approval to allow A , CznA 10-1: 42-f ia&A 12. FOR STAFF USE ONLY CASE NO. CV/0 912.4114 OTHER CASE NO'S: "Uki- RECEIPT NO. APPLICATION ACCEPTED BY: AL DATE: /0 rill Application elements submitted: 7A) Application form (1) Owner's signature/written authorization (C) Title transfer instrument (1) Assessor's map (1) , Site pla4 (pre-Ap.checklist) /2- coloteS (F) Applicant's statement" (pre-app. checklist) DATE DETERMINED TO BE COMPLETE: FINAL DECISION DEADLINE: COMP. PLAN/ZONE DESIGNATION: tec N.P.O. Number: Hearings Officer Approval Date: Final Approval Date: Planning Engineering • • 4 any variance, sensitive lands permit, or other land use actions to be onsidered as part of this applications • 4. Applicants: To have a complete application you will need to submit attachments described in the attached information sheet at the time you submit this application. 5. THE APPLICANT(S) SHALL CERTIFY THAT: • A. The above re uest does not violate and► deed restrictions that may be attached to of imposed u on the suhlESt—EEEWILL ri/iw�. Y�y W B. If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. C. All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. D. The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. DATED this 1� day of SIGNATURES of each owner (eg. husband and wife) of the su ect operty. (kSL pm /0736P) tiv C I TY or REM I T NAME ADDRESS LUR I Nth KATHY g 1P448 SW 182ND T I GARD.) O 97L:3 PAYMENT RECEIPT NO. cHrm AMOUNT CASH AMOUNT PAYMMT DAM SUBDIVISION PUPPOSV or PAYMENT AMOUNT PAID LAND USE APPI- 444,44.4444.44444410.4•4.4,...44....4,444.•...* PURPOEr OF PAYMENT znit V.,401,44444444440,441.444.4.444.444440-444 $11 4. t 41 gloAsommmaymesommoo•••■44.4•44m.4442444.444monw■mslir TICOR TITLE r co INSURANCE STATUTORY WARRANTY DEED NCE 8845261 Washington County conveys and warrants to .aetir LORINC AND KATALIN LORINC, HUSBAND AND WIFE a'0 SEP' Gramm the following described real property free of encumbrances except as specifically set ,forth herein aituated in WASHINGTON County, Oregon, to wit: SE 'LEGAL DESCRIPTION' ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF The tax account number is 472777 THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLI- CABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT. THE PERSON ACQUIR- ING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. The said property is free from encumbrances except CONDITIONS, RESTRICTIONS, EASEMENTS OF RECORD AND POWERS OF SPECIAL DISTRICTS, IF ANY, The true consideration for this conveyance is $ 86 000.00 Dated this 11 t hday of April 19 88 (Here comply with the requirements of ORS 93.030) 44 Clackamas State of Oregon. County of ----- — State of Oregon, County of The foregoing instrument was acknowledged before me this The foregoing instrument was acknowledged before me this 11 t I) day of —11.11-tn— , 19_811., by — day of — , 19.___._. by President and — EMU—Loit—SiLLLIbutil-- Secretary of - .• 0 \ .. .. ' - 0 .., "4 corporation. . , .. ... <, i on behalf of the corporation. Notary Public for Oregon My commission expires: • ,WARRANTY DEED EMMY.L4U(SULIVAN JOZSEF LORINC KATALIN LORING Until a change is requested, all tax statements shall be sent to the following address: JOZSEF LORINC 12435 SW 121st ,Tigardi OR. 97224 Escrow No. 187-031 Title No. After recording return to: JUMP' LORINC Sate as atove Ticor Fain No: i1 Statutory Warranty Deed 8/85 a * • This Space Reserved for Recorder's Om GRANInit dittiNtitt ; • .4. ,; 01 A tract of land situated in Section 3, Township 2 South, Range 1 West of the Willamette Meridian, in the County of Washington and State of Oregon, more particularly described as follows, to-wit: Beginning at a point in the Center of County Road No. 358, (S.W. 121st Avenue), at the Northeast corner of that certain tract of land described in Deed to E.R. Christenson, as recorded in Book 182, page 161, Deed Records, Washington County, Oregon, from which point the Northwest corner of Section 3, Township 2 South, Range 1 West of the Willamette Meridian bears North 51° 49' West 1775.5 feet, being the Southeast corner of a tract described in Deed to Eileen V. Edwards, as recorded in Book 360, page 69, said Deed Records, from said place of beginning; thence leaving the centerline of said County Road No. 358# South 78° 18' West, along the Southeasterly line of said Edwards tract, 305.14 feet to an iron rod at the Southwest corner of said Edwards tract; thence South 7° 18' West, 50.20 feet to an iron pipe; thence South 87° 39' East 270 feet, more or less, to the Westerly line of CoUnty Road No. 358, (S.W. 121st Avenue); thence North 7° 13' East along the Westerly line of said County Road, 119.3 feet to the point of beginning. STATE OF OREGON County of Washington ss i. Donald W. Mason, Director of Assessment and Taxation and Ex-Officio RecOrder of Con- veyaridet for said county, do hereby certify that the within instrument of writing was reeeitied and recorded in book of records of Said county. Donald W. Mason, Director of Assessment and Taxation, Ek- Officio County Clerk 1980 11M. M 10:02 [Page Too Large for OCR Processing] CITY OF TIGARD PRE-APPLICATION CONFERENCE NOTES DATE: kUCA Phone: PROPERTY LOCATION ADDRESS: D-14 tk) 11,4 (-life TAX MAP I% TAX LOT: NECESSARY APPLICATION(S): COIVI)11-10t01,L PROPOSAL DESCRIPTION: 0 I06 ex go e to-T L. CeM1111■1011141111174PU'e MVP- * - Wen PI U$E:b M, A asoEn,rnikt, Intrititakirr *)Mt (opwel- re6ide4+6 COMPREHENSIVE PLAN DESIGNATION: 0 • • , ZONING DESIGNATION: NEIGHBORHOOD PLANNING ORGANIZATIONAL:L.. CHAIRPERSONt ' PHONE: ZONING DISTRICT DIMENSIONAL REQUIREMENTS Minimum lot size: Igm. eq. ft. Minimum lot width: ft. Setbacko: front- ,ac) ft. garage-, ;10 ft: Maximum Elite coverage: Minimum landscaped or natural vegetation Maximum building, height: 249_ ft. ADDITIONAL LOT DIMENSION HinimUm lot fronta partition pr. Minimum of 15 easement. Maximum lot depth to wi. rear-h.. ft. from both streets. area: OA% Of: is created ,rough ...9.ganor- land QUI MENTS 25 fee wile ego. Lo - .reated as part of a p V n must have a rootage or have a minimUm 15 xlot wide access ratio of 2.5 to 1. SPECIAL SETBACKS m.„ Streete: 4.R.I ft. from centerline Es4abl4ohed-ereso4.6 ft. from LGWat.aitltOL3,Eak.y.-SOa0fll, ft., along the site's boundary FlAg-letv---10-ft.r-oLdia yard cc tback Actaaaory-atruotureat% up to 528 eq. ft. in eizer=5 ft. setback from aide and rear lot line(' Accessory ot e Up to 1000 eq. ft. (Where allowed) - See a plicable zoning diatdct oetbacka Zero lot line loEN mintM1m,10 foot oeparation between buildinge Malti=LAmily-reoiddritiai-building oeparation: See Code SeCtico 18.96.030 A 1 Page 1 tite .SPEcIAL BUILDING HEIGHT PROVISIONS Flag Lotes Maximum height of 1.4/2 in moot zoneel 2-1/2 R-40 zonee if stern r 25 ft. , whichever is lees ft. in R-7, R-12, R-25 or tion 98.030(8) are met. Building Height Exceptions: ( 8.020): Buildings located in a non-readential zone may be built to a eight of 75 feet provided's 1.. A minimum FAR uilding floor area to site area ratio) of 1.5 o 1 will exisit; 2. All actual Jading setbacks will be at leaet 1/2 the buil ngfe height; and 3. 'Whe e. cture will not abut a residential zone atetiict. RESIDENTIAL DENSITY CALCULATION Community Development Code Chapter 18.92 specifiee that the net residential unite allowed on a particular site may be calculated by dividing the he developable area by the minimum number of square fe ng unit in the applicable zoning district. Net dev ated by subtracting the following land area ' °, • • '• • , . area o required per dwe opnient area is cal from the groan site area 1. , All sensitive lands a - land within the 100 - elopes, exceeding 25% - drainagewaye 2. Land dedicated for park 3. Public right-of-way dedi 4. All land provided for p through parking areas) eae ear floodplain The City of Tigard allowe.a r the unite that could 0th areas:" listed in (1) accordance with Co urpossee atio e streets (includee acceeswaye dent isle have ye to the ection 18.92.0 It ie the,xe ponsibility of the ap a Eton to provide a detailed density and density transfer. (malty tranafer en developed on lopdble portion of Up to 25% of enative lands the site in icant for a resident /adulation for permit .61 Oa 4.1* RESIDENTIAL DEVELOPMENT SOLAR ACCESS 4QUXRE4EUTS Effective May 1, 1991 all eubdi ieions and minor partiti e are subject to solar acceas requirements whi state that 80% of all 1 te developed must be solar-oriented. The char cterietice of a solar-or nted lot are high level° of wintertime nun at iking the 'south walla and oofe of the hodee, houee orientation maximiz g south window area, and eouth-eloping roof area. to achieve thie, ne may Utilize the folloW 1 development ad residential Co 1. Baeid reqUitemenis Design a lot with at ie' lot dimension find an orientation within 2. Protected SO at balding tine: The no oriented wthin 30 degrees of aouth, between Wand the Middle of the to of 45 fe4t between it and the hott lot odwhich the building line 3. P44f6rmaece optionat The fit )otiented within 30 degrade Cot of the ground floor no t 90 feet of north-south 0 degrees of south; building line Wet a) be ) have a minimum of 70 feet to the aouth, c) have a minimum rnmost buildable boundary of the located. option requires the hodee to be f an eaet-Weet axial and have at leant h wall protected from ahade. The aecond Peqe 2 4 4' A 54. ° 55544.5 , • -4" • '":"„ .•• • $4 •• 4 410 option requiree at least 32% of the glass and 500 square feet of the roof area to face south and be protected from shade. rom the solar acceeo requirement can 4." ; • emption of a sit owing reaeonso Total or partial be for the f than 20%. vegetation, topography). E� west or north elopes steeper •f-slite shade sources (etructures, On-site shade sources (vegetation). ustmente allowing reduction of the 80% a for the following reasoner • Reduced density or an increased cost to: - caste west or north elope greater - significant natural feature, - existing road or lotting pattern, - public easement or right-of-way 2. Reduction in important develot 3. preexisting shade (vegetat 1. 2. 3. A • ' = ), show the d or lot° for all of the follo Maps and text eufficien design standard, exce ired, includ • ler lot design requir nt can of at least 'vs percent due haul 10 nitLeo. elopment complies with the solar ich an exemption or adjuotment is g itemd: 1. The north-eouth lot dimenoio and front lot line orientation of each proposed lot. 2. Protected solar buildi lines and relevant building site restrictions, if appli le. 3. For the purpoge of i ntifying trees exempt from Section F, a map showing existing t ea at least 30 feet tall and over 6 inches diameter at a p9int 4 fotft3ove..9rad0t ,including their height . t diameter and o�cte0, an 'stating t1 4t they are to be retained and .: are 4. Copies of,,a1l private restrictions r lating to solar access. , If an exem ti;s: or adjuetment ie reqUestede maps and text sufficient to .127 show tha given lots Cr areas in the devielopment comply with the standards . for an exemption or adjustment Shall be submitted. RESIDENTIAL DENSITY TRANSIT/ON _,,,e..0''''''''": Regardless of the allowed hodeing density in #iing district, any property within 100 feet Of /a deeignate‘estSainhed area shall not be developed at a detieqY greater—thin 125 percent of the maximum comprehensive Plary.desitgnation (not zoning) of the adjacent parcel. PARKING AND AcCESs Required automobile parking for this type of use: * orat 7-0 .44.. 100/ 4361V4 j,, IUS / Specee. 410 sguiLehtpliyee 25% of requited spaces may be designated compact-only Standard parking Space distensions: 9 ft. X 18 f. Compact parking space dimensions: 8.5 ft. X 15 ft. Handidapped parking: All parking areas' providing in excess of five required automobile parking orices Eihall provide appropriately located and designated handicapped parking spaces. The minimUnt number of handicapped spacee. Page 3 la it '54 • .4, t tin. parking spaces to be provided and parking space size are mandated by the p 9 space. Oregon Revised Statutes (see handout). A handicapped parking symbol shall be painted on the parking space surface and an appropriate sign shall be provided. Bicycle racks are required for civic uses, non-residential uses, commercial uses, and industrial uses providing 15 or more automobile parking spaces. Bicycle parking must be provided at a ratio of one bicycle rack space per 15 auto parking spaces. " Bicycle racks shall be located in areas protected from automobile traffic. The Planning Division can provide specifications for approved bicycle rack types. ik....1111 parking areas and driveways must be paved. 4a 4e6 0%44 be siri peoi 0.5 pyktvl spo.tes Minimum number of accesses: `�- r►�' • wet V Minimum access width: A - �. '� �' Maximum access width: . .-- °--- Pedestrian access must be provided between building entrances and parking areas, outdoor common areas, and public sidewalks and streets. For detailed information on design . requirements for parking areas and accesses, see Community Development Code Chapters.18.106 and 1E10.08. so CLEAR VISION AREA The City requires that clear vision .be maintained be twe en three ' and eight feet above grade at road/driveway, road/railroad, nd road/road he size of the required in specified clear vi ©ion areas. The clear vision area depends upon the abutting street's functional classification. LANDSCAPING 5k Street trees are required for all developments fronting on a public or private street or a driveway mote than 100 feet in length. Street trees must placed within the public right-of-way or on private propdit feet of the right-of-way boundary. Street trees must .., P P erty within e g have a minimum caliper of two inches at four feet above grede. Street trees should be spaced 20 to 40 feet apart depending on mature tree size. vr Further information on regulations affecting street trees and a list of recommended street trees may be obtained from the Planning Division, um of one tree per seven parking spaces must be planted in and pr... ., caped 4 around parking ... �. A minism ....:.. a a canopy ®£ te-of wa�at�tst be irking areaal in order to provide screening of parking areas from views from public righ '- y provided. Page 4 ll ..�} • .,• • LOWERING AND SCREENING gn ardor to incr ®aee privacy and to reduce O eliminate visual impacts between adjacent developments, esily adverse between different land uses, the City requires landscape buffer areas along certain site the Code in terms of perimetere�. Required buffer areas are described by width. Buffer areas must be occupied by aa sans or fedeciduous and evergreen trees and ehrube. Site obscuring s required in acme cases, and often are advieable t:► even nge ti nor ®u ad . Required buffer areas may only be occupied Y utilities, and sidewalks. AddtQnal information on required buffer materials and eaten maybe found in Code Chapter 18. and the Plan n Division bulletin on ,� � /4d l3 ��Y'�.�" "7 landscaping and buffeing. 10 sper `4c bu tri'tj reAV. � SIGNS Required buffer widths applicable to your proposal areas .....r. ft. along north boundary ft. along east boundary ft. along eou th boundary . ft. along west bounds y In addition, sight 'obscurin g screening. is required along .��. • Percaite must be o of u ,e nes for Sign 3, an. out 9 Additional sign area or height beyond Code the sign proposal. • ie reviewed .as part of a SENSITIVE LANDS in the city of Tigard. is available . upon request. standards may be permitted if development application. r ADDITIONAL PLANNING CONCERNS OR COMMENTS z• Page 5 4444. ..ar 4444... _ 4444. pitocEDuRE Adminintrative staff review. ::::"Public hearing before the land use hearing° officer. Public hearing before the Planning Commioeion. Public hearing before the Planning Commieeion with the Commiedion making a recommendation on the propoeal to the City Council. Another public hearing ia held by the City Council. Al]. applications muet be accepted by a Planning Division etaff member at the Community Development Department counter at City Hall. Applications submitted by mail or dropped off at the counter without Planning Divinion acceptance may be returned. Applications submitted after 4330 P.M. on Thursday will be batched for processing with the following week's application° for proceesing. No applications will be accepted after 3:00 P.M. on Friday° or 4:30 on other days. Haps submitted with an application shall be folded in advance to 8.5 by 11 inches. One 8.5 inch by 11 inch map of a proposed project should be eubmitted for attachment to the staff report or administrative deciaion. The Planning Division and Engineering Divieion will do a preliminary review of the application and will determine whether an application ie complete within 10 days of submittal. Staff will notify an applicant if additional information or copies of the submitted materials are needed. The adminietrative decision/public hearing typically • will occur approximately 45 to 60 day° after an application is accepted as complete by the Planning Division. Applications involving difficult ieedee or requiring review by other juriedictione may take additional time to • review. Written decisions are issued within 10 daye of the hearing. A 10 day appeal period follows all decision°. An appeal on thin matter would be heard by the t 0 A basic flow diagram illustrating the review process Le available from the • Planning Division. The pre-application .conference and the notes of the conference are intended to inform the prospective applicant of the primary Community Development Code requiremente applicable to development of a particular cite and to allow the staft and prospective applicant to discuss the opportunities and conettainte affecting development of the cite.. The conference and notes cannot cover all Code requirements and aepecte of good site planning that should apply to the development of yo ut eite plan. Failure of the staff to provide any information required by the Code ehall not constitute a waiver of the applicable etandarde or reqUirements. It La recommended that a proopective applicant either obtain and read the Community Development Code or auk any questions of city staff relative to Code requiteMentd prior to submitting an application. Another pre-epplication Conference id required if an application id to be dubmitted More than air Monthd after this pte,-appliCatiOn conference: unlese the sedond conference is deemed UnneCedeary by the Planning DiVid loth PREPARED BY: • Eig OFF PLANNIN DIVISION PRONE: 639-4171 4 4. • • PUBLIC FACILITIES The purpose of the pre-application conference is to: (i) identify. applicable Comprehensive Plan policies and ordinance provisions; (ii) to provide City staff an opportunity to comment on specific concerns; and (iii) to review the application review process with the applicant including identifying who will, be the final decision maker for the applioation. The extent of public improvements* and dedications to be required of the applicant will be recommended by City staff and approved by the appropriate authority. There will be no final recommendation to the decision maker by City staff until all 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 project. Right-of-way dedicationi The City of Tigard requires that land area be dedicated to the public to increase abutting public rights-of-way to the ultimate functional street classification rights-of-way width specified by the Community Development Code. Approval of a development application.. for this site will require dedication of right-of-way for SW Ph+ 30 2., feet from centerline. feet from centerline. . Strgetimprovements: 3. Needed street improvements include ;It) feet of pavement 1. oce?-etreet improvements will be' necessary along 2. street improvements will be necessary along from centerline, curb and gutters, storm Sewers, a Ave-foot w sidewalk, necessary etrilat--'slijne, etrealights; -lid year --treetlighting fee. In some cased where street improvements or other 'necessary public improvements are not currently practiCal, the street inrovemente may be deferred. In these cases, as a 'condition of development approval, the property owner(e) must execute a non*remonstrance agreement which waives the property owner's right to remonstrate again the-formatJ41n of a local improvement district forMed to improve 'MS tata b'ke Iy Nal ie. kvokieeoi . 1. 2. PedestrianwaysibikewaySt .s t?,1411--_, 4.4041■411141414001*- sanitary sewers: The closest sanit ry sewer to this property is an itch line locat d miak . The propOsed development onnected to a sanitary sewer. 14,44.-tils. leara..91=:6° respcwsibikity-to-extend-the,.sewer—alengjoidevelopMent site's Page 7 rolektn...ARPAYI The provides public water ervice in the should be contacted for information proposed development. Wate,r DicriCt (Phune: 01 ) 1- area of this site. The District regarding water supply, for your Fire Protection: Tualatin Valley Fire and Rescue District (Contact: Gene Birchill, 645-8533) provides fire protection services within the City of Tigard. The District should be contacted for information regarding the adequacy of circulation systems, the used for fire hydrants, or other questions related to Uire protection. TRAFFIC IMPACT PEES In August, 1990, the Washington County Board of Commissioners adopted the county-wide Traffic Impact Fee (TIP) Ordinance and referred the measure to the Washington County voters. In September, 1990, the Washington County electorate overwhelmingly approved expanding the TIP program throughout all jurisdictions within the county. This action placed into effect an increased street development fee on all new development in Washington County. The City. of Tigard has adopted the county's program. The City Traffic Impact Fee program will, collect fees from new development based on the development's projected impact on the transportation system. Developing properties will be required to pay based on the number of trips they are projected to generate. The TIP is calculated based on type of use, size of project, and a general use Wield fee category. The TIP shall be calculated at time of building permit iOsuance. In limited circumstancee, payment of the TIP may be allowed to be deferred until issuance of occupancy permit. Deferral of payment until occupancy is permissible only when the TIP is greater than $5,000.00. .;04. ,Z*4 STOW/MATER QUALITY PEES The Unified Sewerage Agency has established and the City has agreed to enforce, Resolution No. 90-43, Surface Water Management Regulations requiring the construction of on-'site water quality facilities or fees in lieu of their construction. The resolution requires that a fee and/or construction o, a water quality facility be built. The fee is based on the amount of impervious a 5 a; for ovary 2640 square feet or portion thereof, the fee shall be • The City of Tigard determines if a fee • or facility shall be STREET OPENING PERMIT No work within a public right-of-way shall commence until the applicant has obtained a street opening permit from the Engineering Department. FINISHED FLOOR ET.';VATIONS On all projects that require a grading plan the applicant shall submit with the grading plan a typtcal floor plan for each lot which shall have the elevations of four corners of that plan along with elevations at the corner of eadh lot. be'A btoUlt! PREPARED BY: - l ENGINEERING .D/VISION PHONE: 639-4111 JO:PREAPP.MST pages ' • a. ' ' • I r, of. • • CITY OF TIGARD COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION CHECKLIST LJ Staff Date The items on the checklist below are required for the successful completion of your application submission requirements. This checklist identifies what is required to be submitted with your application. This sheet MUST be brought and submitted with all other materials at the time you submit your application. See your application for further explanation of these items or call Planning at 639-4171. BASIC MATERIALS A) Application form (1 copy) B) Owner's signature/written authorization C) Title transfer instrument 0) Assessor's map E) Plot or site plan F) Applicant's statement (H) Filing fee SPECIFIC MATERIALS ITEMS TO BE INCLUDED: A) Site Information showing (No. of copies ): 1) Vicinity Map 2) Site size & dimensions 3) Contour linos (2 ft at 0-10% or 5 ft for grades ) 10%) 4) Drainage patterns, courses, and ponds 5) Locations of natural hazard areas including: a) Floodplain areas b) Slopes in excess of 25% c) Unstable ground d) Areas with high seasonal water table e) Areas wi.th severe soil erosion potential f) Areas having severely weak foundation soils 6) Location of resource areas as shown on the comprehensive Map inventory including: a) Wildlife habitats b) Wetlands 7) Other site features: a) Rock outcroppings b) Trees with 6" caliper measured 4 feet from ground level 0) Location of existing structures and their uses 0) Location and type of on and off—site noise sources 10) Location of existing utilities and easements 11) Location of existing dedicated right—of—ways B) Bit2_291191.91E211±21aqlhqming (No. of copies 1) The pga041444 site and surrounding properties 2) Contour line intervals 8) The location, dimensions and names of all: a) Existing & plated streets & other public ways and easements on the site and on adjoining properties APPLICATION CHECKLIST — Page 1 • 01/ Coe Eke E 3 3 El El El E 3 C 3 El 1] C 3 E 3 1] E 3 E 3 3 E 3 El I 1 Cl El 4' ot' 410 b) Proposed streets or other public ways & easements on the site, c) Alternative routes of dead end or proposed streets that require future extension The location and dimension of: a) Entrances and exits on the site b) Parking and circulation areas c) Loading and services areas d) Pedestrian aae circulat 'on e) Outdoor common areas, f) Above ground utilities The location, dimensions & setback distances of all: a) Existing permanent structures, improvements, utilities and easements which are located on the site and on adjacent property within 25 feet of the site b) Proposed structures, improvements, utilities and easements on the site 6) Storm drainage facilities aia f do -mid ions 7) Sanitary sewer facilities 8) The location of areas to be landscaped 9) The location and type of outdoor lighting considering crime prevention techniques 10) The location of mailboxes 11) The location of all structures and their orientation 12) Existing or proposed sewer reimbursement agreements Grading Plan (Noi of copies C 3 The site development plan shall include a grading plan at the same scale as the site analysis drawings and shall contain the following information: 1) The location and extent to which grading will take place indicating general contour lines, slope ratios and soil stabilization proposals, and time of year C it is proposed to be done. A statement from a registered engineer supported by data factual substantiating a) Subsurface exploration and geoteuhnical engineering report C b) The validity C ewer and storm sanitary ) drainage proposals c) That all problems will be mitigated and how they will be mitigated C Architectural ri . qs (Voi of copies I.); ti The si te develop ment plan proposal shall include: 1) Floor plans indicating the square footage of all ro p Ki i structures proposed �tor use on—site; and � yy 2) Typical elevation drawings of each structure. C J E) Landscape Plan (No. of copies ): C 3 The landscape r , i messcale enof the plan shall be drawn at the same site analysis plan or a larger scale if necessary shall indicate: 1) Description of the irrigation system where applicable EtP`" 2) Location and height of fences, buffers and screenings G APPLICATION CHECKLIST — page 2 Iwo •`r 3) Loca of terraces, decks, shelters, ay areas and common open spaces 4) Location, type, size and species of existing and proposed plant materials. C1 The landscape plan shall include a narrative which addresses: 1) Soil conditions. E 2) Erosion control measures that will be used. E ] Sign Drawing Sign drawings shall be submitted in accordance with Chapter 10.114 of the Code as part of Site Development Review or prior to obtaining a Building Permit to construct the sign. C G) Trafficgeneration estimate E ] H) Preliminary partition or lot line ad `ustrrent map _showing (No, of Copies ): 1) The owner of the subject parcel C ] 2) The owner's authorized agent E I 3) The map scale, (20,50,100 or 200 feet =1), inch north arrow and date C 4) Description of parcel location and boundaries C 3 5) Location, width and names of streets, easements and other public ways within and adjacent to the parcel C 6) Location of all permanent buildings on and within 25 feet of all property lines C 3 7) Location and width of all water courses C ] 0) Location of any trees with 6" or greater caliper at 4 feet above ground level [ ] 9) All slopes greater than 25% C ] 10) Location of existing utilities and utility easements C ] 11) Por major land partition which creates a public streets a) The proposed right - of—way location and width C ] b) A scaled cross — section of the proposed street plus any reserve strip C 3 12) Any applicable deed restrictions C 3 Evidence that land partition will not preclude efficient .. 13 E future land division where applicable C ] Subdivision Preliminar, Plat trap and data showang(No. of Copies )i 1) Scale equaling 30,50,100 or 200 feet to the inch and limited to one phase per sheet C ] 2) The proposed name of the subdivision t ] 3) Vicinity map showing property's relationship to arterial and collector streets .. 4) Names, addresses and telephone numbers of the owner developer, engineew', surveyer, designer, as applicable( 1 5) Date of application ] 6) Boundary lines of tract to be subdivided t 3 7) Names of adjacent subdivision or names of recorded owners of adjoining parcels of unsubdivided land C 3 B) Contour lines related to a City -- established bench- mark at 2 -foot intervals for 0-10% grades greater than 10% j APPLICATION CNECRLTST Page 3 ld • 9) The purpose, location, type and size of all of the following (within and adjacent to the proposed subdivision): a) Public and private right --of—ways and easements b) Public and private sanitary and storm sewer lines c) Domestic water mains including fire hydrants d) Major- power telephone transmission lines (50,000 volts or greater) C e) Watercourses C 3 f) Deed reservations for parks, open space, pathways and other land encumbrances C 3 10) Approximate plan and profiles of proposed sanitary and storm sewers with grades and pipe sizes indicated C ] 11) Plan of the proposed water distribution system, showing pipe sizes and the location of valves and fire hydrants. C ] 12) Approximate centerline profiles showing the finished grade of all streets including street extensions for a reasonable distance beyond the limits of the proposed subdivision. C 3 13) Scaled cross sections of proposed street right—of—way; [ 3 14) The location of all areas subject to inundation or storm water overflow C 3 15) Location, width and direction of flow of all water- courses and drainage ways 16) The proposed lot configurations, approximate lot dimensions and lot numbers. Where lots are to be used for purposes other than residential, it shall be indicated upon such lots 17) The location of all trees with a diameter 6 inches or greater measured at 4 feet above ground level, and 18) The existing uses of the e location of proposed tree plantings, if any property, including the location of all structures and the present uses of the structures, and a statement of which structures are to remain after platting 19) Supplemental information including! a) Proposed deed restrictions (if any) b) Proof of property ownership c) A proposed plan for provision of subdivision improvements 20) Existing natural features including rock out- croppings, wetlands and marsh areas. 21) If an y of the foregoing information cannot practicably be shown on the preliminary plat, it shall be incorporated into a narrative and submitted with the application. Other Information C] C3 3 Cl C] C3 C Ci C 3 (2362P/0020P) APPLICATION CHt CRLIST — Page 4 R i N et° 2e0sh 140 1? 8600 ' 44'4.1 ,04:',414-41i, " , • KATHERINI -rr-ui KATHERINE SW WILLS ,S.W. LW.. ANN SW MARIE et • • PLACE UNDER CITY O8 TIGAiD LOGO The following will be considered by the Tigard Hearings Officer on Monday, November g s a,,.,_, 00 Pjk at Tigard Civic Center -- Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. Both public oral and written testimony is invited. The public hearing on this matter will be conducted in accordance with the rules of Chapter 18.32 of the Tigard Municipal Code, and rules and procedures of the Hearings Officer. Failure to raise an issue in person or by letter precludes an appeal, and failure to specify the criterion from the Community Development Code or Comprehensive Plan at which a comment is directed precludes an appeal based on that criterion. Further informatioz antsy be obtained from the Planning Division at 13125 SW Ball Blvd., Tigard, Or 97223, or by calling 639- 4171. PUBLIC HEARINGS COQ . ; ON U - CU . -0004 • • C (NPO #7 3) A request for it Conditional Use approval to allow the conversion of an emitting mingle family residence into a residential care facility. APPLICABLE REVIEW CRITERIA: y Development Code Chapters 18.50, 18.98, 18.100, 18.102, 18.106, 180108, and 18.130 LOCATION: 12435 SW 121st Avenue (HCT8 281 3B8, tax lot mraunit Aev�'e�lo�t (Residential, .5 units /acre') The R -4,� 5 zone allows single family residential units, public support facilities, residential g manufactured t uctur�s among other home treatment homes, farming, manufd turedshomes, rfamil day care, eses. occupations, temporary uses, accessory TT PUBLISH a „,c • CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER - BY HEARINGS OFFICER 1. Concerning Case Number(s): CUP 92-0004 2. Name of Owner: Joe & 4athy Lorinc Name of Applicant: Same 3. Address 12442 SW 122nd Avenue ■1111111111■11■1111111.11•10■••••111171.1.1101 City Tim.._ State Q Zip 97223 4. Address of Property: 12435 SW 121st Avenue Tax Map and Lot No(s).: 2S1 3BB tax lot 6900 5. Request: AKaguest for a Conditional Use a royal to allow the conversion of an Lijmiatjamilljagla_temil residence into a residential care facilit . APPLICABLE REVIEW CRITERIA: Communit Develo ment Code Cha tore 18.50 18.98 18.1021. 18.102 Zone: 18.106 18.108 and 18.130. R-4.5 (Residential, 4.5 units/acre) The R-4.5 zone allows single family residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupationg, temporary uses, and accessory structured among other uses. 6. Action: Approval as requested Approval with conditions Denial 7. Notice: Uotice was published in the newspaper, posted at City Hall, And mailed to: X The applicant and owner(s) X Owners of record within the required distance X The affected Neighborhood Planning Organization Affected governmental agencies O. Final Decisions THE DECISION SHALL BE FINAL ON UNLESS AN APPEAL IS FILED. The adopted findinga of fact, decision, and statement of conditions can be obtained from the Planning Department, Tigard City Hall, 13125 SW Hall, P.00 Box 23397, Tigard, Oregon 97223. 9, AppsALL Any party to the decision may appeal this decision in accordance with 18.3g.290(8) and Section 10.32.370 which provides that a written appeal may be filed within 10 days after notice is given and sent. The appeal may be, sUbmitted on City forms and mat be accompanied by the appeal fee ($315.00) and tranacript costs (varied Up to a maRlmum of S500.00). The deadline for filing of an appeal is 3:30 p.m. 10. 2Aftgiligggi If you have any queetione, please call the City of Tigard Planning Departmenti 639-4171. m 4 44 '•'" 4' fc' 44,4 4 STATE OF OREGON County of Washington City of Tigard AFFIDAVIT OF MAILING If , being first duly sworn/affirm, on oath depose and says (Please print) That I am a ��;ttU'_`� for The City of Tigard, Oregon. That I served NOTICE OF PUBLIC HEARING FOR: That I served NOTICE OF DECISION FOR: City of Tigard Planning Director Tigard Planning Commission Tigard Hearings Officer Tigard City Council A copy (Public Hearing Notice /Notice of Decision) of which io attached (Harked Exhibit "A") each named parsons at the a reaa shown on the marked list mailed m d exhibit "B" on the day of 1912- , [laid notice NOTICE OF DECISION as here cl d o end propriate bulletin board on the day o 1' `sere at�tachedi was posted n an appropriate Fp in the United States day 19 epo'ted s s Mail on the day of if 19 postage prepaid. Subscribed and sworn /affirm o me on the t . :. day of 19 • NOTARY r" BLIC OF OREGON My C iaeion Expires: . `f M . NOT / CCE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT THE TIGARD HEAR /NOS OFFICER, AT A MEETING ON MONDAY, November 9, 1992,, AT 21gg 21g PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BLVD., TIGARD, OREGON, WILL CONSIDER THE FOLLOWING APPLICATION: FILE NO: CUP 92 -0004 FILE TITLE: Lorinc NPO NO: 7 & 3 APPLICANT: Joe & Kathy Lorinc OWNER: Same 12442 SW 122nd Avenue Tigard, OR 97223 REQUEST: Conditional Use approval0 to allow CtheN conversion of an gexisting single family residence into a residential care facility. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.50, 18.100, 18.102, 18.106, 18.108, 18.114, 18.130, 18.150, and 18.164; Comprehensive Plan Policies 2.1.1, 4.2.1, 6.1.1, 7.1.2, 7.3.1, 7.4.4, and 8.1.3. LOCATION: 12435 SW 121st Avenue (WCTM 251 3BB, tax lot 6900) ZONE: R-4.5 Res (Residential, 4.5 units /acre) The R -4.5 zone allows dingle family residential Units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary uses and accessory structures aMong other used. ,art THE PUBLIC BLARING ON "Y`HIS MATTER WILL BE C ONDUCTED IN ACCORDANCE WITH THE RULES DEVELOPMENT CODE AND RULES Oki PROCEDURE ADOPTED BY %HEPTI:GARD� CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER 18.30. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN ANYONE TESTIMONY MAY BE PRESENTED AT WR G PRIOR TO OR AT THE PUBLIC HEARING ORAL HEARINGS OFFICER WILL RELIEVE A U) THE PUBLIC HEARING. AT THE FROM THE PUBLIC HEARYIN�LANNER, O., STAF'rFR��T� dSANtiA�IOTTEN TESTIMONY. THE HEARI���. 5N OFFICER � PUBLIC HEARINGr AND ADDITIONAL INFOHMAT ON, OR CLOSE THE INUIT THE PUBLIC ROARING TO ANOTHER MEETING TO OBTAIN' AD.. PERSON SUBMITS EVIDENCE APPLICATION. RT IF A , PARTY IS ENTITLED TO � PUBLIC HEARING AND TAKE ACTION ON THE APP SUPPORT TO THE APPLICATION AFTER October__ 20 .__.1.932, .AIRY.... '. . _ .._ .. ._ . . IN REQUEST A CONTINUANCE OF THE HEARING. IF THERE REQUEST THAT THE RECORD REMAIN OPEN RE IS NO CONTINUANCE GRANTED AT THE HEARING, AMY PARTICIPANT IN THE HEARING MAY FOR AT LEAST SEVEN DAYS AFTER THE HEARING. COMMUNITY DEVELOPMENT CODE ANA THE TIGARD COMPREHENSIVE PLAN. INCLUDED IN THIS NOTICE REQUEST FROM THE TIGARD APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE HEARINGS OFFICER WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST OR FAILURE TO PROVIDE SUFFICIENT SPECIFICITY TO AFFORD THE DECISION MAKER AN OPPORTUNITY TO RESPOND TO THE ISSUE PRECLUDES AN APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TEN CENTS PER PAGE. AT LEAST SEVEN DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TEN CENTS PER PAGE. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF 639-4171, TIGARD CITY HALL, 13125 SW HALL BLVD., PLANNING ORGANIZATION (NPO) # CHAIRPERSON: AgAgglegym_scligamajt PHONE PLANNER i i'3raCiffsE AT OR CONTACT YOUR NEIGHBORHOOD NUMBER t 1.19=4,a27_2L122:901 Isto GUI SUMMER Cl? ST MEM IMMIIIICUM A N REM LL MARIE CT. 28103BD-00700 444 GARRETT, ROBERT S G SUSAN 12020 SW WALNUT TIGARD OR 97223 2510313.9..00900 uvulas, DO4ALAS AND PENNY 12540 SW 121ST TIGARD OR 97223 2S103BB-06700 HUMPHREY, MICHAEL W G GRETCHEN 12385 SW 121ST TIGARD OR 97223 25103BB-06600 DBMS, DARWIN X AND THELDA N % TATE, DAVID AND SANDRA 12345 SW 121ST AVENUE TIGARD OR 97223 28103BB-06800 LORING, JOZEF 12435 SW 12 TIGARD 0 97224 281038B-07000 SPRIGGEL, DANIEL J G THERESA L 12185 SW WALNUT ST TIGARD OR 97224 2S1038807100 DOPPS, DANA R 12475 SW 121ST TIGARD OR 97223 2810388-08400 LEWIS, LARRY L AND LINDA A 12415 SW 122ND TIGARD OR 97223 28103181,48500 ....0,....4 YOUNG, JOHN C VIRGINIA 12425 SW 122ND AV TIGARD OR 97223 28103158-48600 RECKNOR, RICHARD L AND BETSY A 12435 SW 122ND TIGARD OR 97223 2S103BS,08700 - - RICHEY, WILLIAM L AND GRACE V 12445 sW 122ND TIGARD OR 91223 2S1038B-08800 404044444044,40#4,404444, KERLER, BENNE R AND WIIIPPLE, THEOLA 12225 Sil WAIVICT TIGARD OR 97223 2S103015-08001 bb404 or ebb b 46. BOWER, GERALD A AND BONNIE L 12455 SW 122ND T7tGARD OR 97223 2S10388-41900 4444d LAVELLE, ROBERT S AND BEVERLY D 12120 SW ANN PLACE TIGARD OR 97223 2S1038B-42000 SHIRLEY, RAYMOND LEE 12100 SW ANN PLACE TIGARD OR 9/223 =03m-Moo BRE/TENSTEIN, ROBERT W MARGARET M 12525 SW 121ST AVE TIGARD OR 97223 2810300 -00200 444444444 vnvmo, WANDA I 12565 SW 12IST TIGARD OR 97223 2610360-0000 .444 b 6444444446446 MIL6soN, Attdit 12180 SW WAtitut TXGAND OR 91223 28103130-00400 ..‘ DANIELS, ROLLAND mitomb 12200 314 NALNUT ST OR 97223 .** J .4 [r; fr 2S103BAr- 0090 1 ..................... RICHEY, . 'wxLL C 1C GRACE F 12330 SW 121ST TIC OR 97223 25103 ►. O1001 • LONG, ROBERT LXLLt74! J 11975 SW WALNUT VT TWARD OR 97223 0.1 • 2010301003 v.ua...ai.ploes,leis� QUINN, DONALD R� . r1�,. �C SUXRLB ( �!► %s , R !'Y a MANY J 12065 SW WALNUT TIGARD OR 97223 JOE & KATHY LORINC 12442 SW 122ND AVE TIC OR 97223 CAL Y1 OLERi 12356 SW 132VD CT TIGARD OR 97223 HERMAN PORTER 11875 SW GAARDE ST TIGARD OR 97223 ' 251031° -0 a.. . 400* . w A M 1. Y* 1 1' 4,p. 1. r OLINGERg RICHARD 11 & LINDA N.' 12400 SW 121ST AVN TIC Of M 97223 281038A, -01002 w o n o � 1• � r� e a� 1' ' HANSON, CRY D .RDSAYt rg 12370 SA 121ST A TIGARD OR 9723 I• 22103RD -00700 GARRETT, ROBERT S & SUSAN 12020 SW WALNUT TIGARD OR 97223 28103BD -0 �w::,:;:► WOOD, ROLAND R 12070 SW WALNUT TIGARD OR 97223 28103BD -00900 LASALLE, DOUGLAS AND PENNY 12540 SW 121ST TIGARD OR 97223 2810388 -06600 SEVENS, DARWIN K AND THELDA N % TATE, DAVID AND SANDRA 12345 SW 121ST AVENUE TIGARD OR 97223 2S103BB -06700 �•,•• HUMPHREY, MICHAEL W & GRETCHEN 12355 SW 121ST TIGARD OR 97223 2S103BB -06800 LORING, JOZEP AND KATALIN 12435 SW 121ST TIGARD OR 97224 2S103BS -070G0 .. SPRIGGEL, DAMEL J & THERESA L 12185 SW WALNUT ST TIGARD OR 97224 2810308 -07100 DOPPS, DANA R 12475 SW 121ST TIGARD OR 97223 28103ES -08400 044«60 LEWI(3, LARRY L AND LINDA A 12415 SW 122ND TIGARD OR 97223 28103BB -08600 YOUNG, JOHN G VIRGINIA P 12425 SW 122ND AV TIGARD OR 97223 2S103BB -08600 RECKNOR, RICHARD L AND BETSY A 12435 SW 122ND TIGARD OR 97223 2810388- -08700 ......... RICHEY, WILLIAM L AND GRACE F 12445 SW 122ND TIGARD OR 97223 2510388 -08800 KERLER, BENNE R AND WHXPPLE, THEOLA 12225 SW WALNUT TIGARD OR 97223 2810388- 08801 .•• BOWERS, GERALD A AND BONNIE L 12455 SW 122ND TTGARD OR 97223 2S103HB-11900 ....... LAVELLE, ROBERT S AND BEVERLY D Po 12120 SW ANN PLACE TIGARD OR 97223 281038B -12000 SHIRLEY, RAYMOND LEE 12100 SW ANN PLACE TIGARD OR 97223 2S103HC -- 00100 •44....4.....b.3...44 BREITENSTEIN, ROBERT W JR & MARGARET M 12525 SW 121ST AVE TIGARD OR 97223 25103BC -00300 .004444e NILSSON, ALICE L 12180 SW WALNUT TIGARD OR 97223 2S103B0o00200 .... ;.. .... «.. VRVILO, WANDA I 12565 SW 121ST TIGARD OR 97223 .., 2810350 -00400 i..:.: i. « .. i... DANIELS, ROLLAND a MILDRED 12200 SW WALNUT ST TIGARD OR 97223 2S103BA- -00900 RICIEY, WILLIAM L JR GRACE B' 12330 SW 121ST TIGARD OR 97223 .... 28103NAM01:y+c. .................6... OLINGER, RICHARD N & LINDA N 12400 SW 121ST AVE TIGARD OR 97223 281038A -01001 .................... LONG, ROBERT LILLIAN J 11975 SW WALNUT ST TIGARD OR 97223 28103BA- 01002 ..................... MANSON, GARRY A ROSALIT 12370 SW 121ST AVE TIGARD OR 97223 281038A -01003 .4. . ............ . . . QUINN, DONALD R an & SHIRLEY A % SIEMANN, ART W A MARY J 12065 SW WALNUT TIGARD OR 97223 [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] TO: FROM: Tigard Plannin4 Department RE: CONDITIONAL USE CUP 92-0004 LORINC (NPO #7 & 3) A request for a Conditional Use approval to allow the conversion of an existing single family residence into a residential care facility. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.50, 18.98, 18.100, 18.102, 18.106, 18.108, and 18.130. LOCATION: 12435 SW 121st Avenue (WCTM 251 38B, tax lot 6900) ZONE: R-4.5 (Residential, 4.5 units /acre) The R-4.5 zone allows single family residential unite, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary uses, and accessory structures among other uses. • FO1 CO2 NT3 DATE: CUP 92 0004 Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by Oct. 23, 1992. You may use the space provided below or attach a sep orate letter to return your Comments. I f you are unable to reeoond b�r the above date ° please phone the staff contact noted below with your �entp and confirm your comments in writ..rag as soon a0 possible. If you have any questions regarding this matter, contact the Tigard Planning Department, PO Box 23397, 13125 SW Hall Blvd., Tigard, Ca 97223. PHONE: 639 -4171. STAFF CONTACT: _ 5e=_ Of f er,� PLEASE CHECI( THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and haver no Objections to it. reoreievismamemasio Please contact of our office. Please refer to the enclosed letter. Written Comments: Irma roma... Name of Person Commenting: Phone Number: , �l Y 4 L iS L S . v a 10 1. NPO NO. 2. CITY DEP •Illo ON' kor f:3 7) ISNIEMINEES ARO ft-3 iwase.. OA 6 e, U 1 da 9 el:- Wiese OA M rPC NO.4111_ CA LIST FOR AIL APPLICATIONS Building Official/Brad A. Recorder. Eng nearing/Chria D. Permita Coordinator/Viola G. 3. SPECIAL DI B Fire District (Pick-up box) Water District err. 0777 SW Burnham St. Tigard, OR 97223 Tualatin Valley Water District ---- 6501 SW Taylors Ferry Rd. Tigard, OR 97223 4. MIMED JURISDICTIONS Wash. Co. Land Use & Tranep. 150 N. First Ave. Hillsboro, OR 97124 Brent Curtis ---- 'Sevin Martin -_ Joann Rico ---- Scott Xing ---- Fred Eberle ---- Hike 110=08011 City of Beaverton ---- Jim Hondryx PO Box 4755 Beaverton, OR 97076 City of Ring City ---- City Manager 15300 SW 116th Xing City, OP 97224 City of Lake OnWego ---- City Manager 380 SW A Lake Oswogo, OR 97034 State Highway Division ---- Bob Doran PO Box 25412 Portland, OR 97225-0412 5. SPECIAL AGENCIES General Telephone Russ Wells 12460 SW Main St. Tigard, OR 97223 NW Natural Gas - Scott Palmer 220 NW Second Ave. Portland, OR 97209 TCI CableVinion of Oregon ---- Mike Rallock 3500 SW Bond St. Portland, OR 97201 Columbia Cable (Prank Stone) ---- 14200 SW Brigadoon Ct. beaVertou, OR 97005 6. STATE AGENCIES Aeronautics Div. (0DOT) = Engineer Board of Health Fish & Wildlife ---- Parks t Recreation bito. Subdivision Supervisor Dept. of Energy Dept. of Environ. Quality 7. FEDERAL LGENC/ES Corps. of Engineers - Pont Office 8. OTHER Southern Pacific Transpo1"tAtion Company Duane A. Forney, PIA Proj6et Engineer 000 NW 6th AVenUO, R. 324, UniUti Station Portland, OR 01200 ,parks & Recreation Board ::327Police Field Operations Scholia Diet No. 40 ---- (Beaverton) Joy Pahl PO Box 200 Beaverton, OR 97075 School Dint. 233 ---- (Tigard) 13137 OW Pacific Bwy. Tigard, OR 97223 Boundary CommikeiOn ---- 320 SW Stark Room 530 Portland, OR 97204 METRO 2000 SW let ave. Portland, OR 97201-5390 DLCD (CPA's only) 1175 Court St. NE Salem, OR 97310-0590 . Other City of Durham City Manager 17160 SW Upper Boones FerryRd. Tigard, OR 97224 City of Portland Planning Director 1120 SW 5th Portland, OR 97204 ODOT Lidwien Rahmann 9002 SE HtLoriqhlin Blvd. Nilwankie, On 97222 Portland General Elec. Brian Moore 14655 SW Old Scholia Pry. Beaverton, OR 97007 Metro Area Communications Jason HeWitt Twin Oaks Technology Center 1815 NW 169th Place S-6020 Beaverton, OR 9700U-4086 US West Pete Nelson 421 SW Oak St. Portland, OR 97204 DOGMA/ - DiVision of State Las Commerce Dept. - M.H. . Park LCDC PUG --" Fire Marshall - --- • Other other [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing]