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CUP1994-00003POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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. ic",■ *4^ • " 7.!.• 4 CITY OF TIGARD OREGON March 13, 1997 Michael Bimdorff, Telecommunications Planner W & H Pacific 8405 SW Nimbus Avenue Beaverton, OR 97008-7120 ■r"..2.1..., in., 14 4 4 0.4 Re: Minor Modification to the existinpi SW .dffie Street Monopole Facility Dear Michael: This letter is in response to the Minor Modification request of the existing Conditional Use Permit approval to the monopole facility at 8540 SW Pfaffle Street (WCTM 1S135DA Tax Lot 1100). The proposed site revision was to add three (3) paging antennae's to the forthcoming 80-foot replacement iionopole. The Director has approved this request based on the finding that the proposed modification does not exceed the criteria set forth for a Minor Modification as provided in the Tigard Community Development Code Section 18,130,050- .060, Please submit a copy of this letter with any related Building Permit applications. If you have any questions concerning this information, please' call me at (603) 629-4171. Sincerely, Mark Roberts Associate Planner, AICP c: I/cumin/marks/AT & T,doe • 13125 SW Hall Blvd„ Tigard, OP 97223 (503) 630-4171 MD (503) 684-2772 • PACIFIC 8405 S.W. Nimbus Avenue Beaverton, OR 97008-7120 (503) 626-0455 •Planning •Surveying •Environmental Fax (503) 526-0775 *Engineering *Landscape Architecture SIrvices 12../4 /70,-4/2-42 t/de Project Number: Project Name: Regarding: PLEASE NOTIFY US IMMEDIATEL7 AT (503) 626.0455 IF THERE ARE ANY PROBLEMS RECEIVING THIS TRANSMISSION We are Send These Are Transmitted: Copied To ttached El For Your Info/File El Facsimile El As Requested — Number of Pages Including Cover 0 For Review And Comment Copies Signed c•tt )), OtTY or 1160NlY - rillAIP1 Di- PAYMEN4 ,• ., ,, ,,` Y 1 H Pdaotfit:11:,'Iro,'4 c: „ DDREBB 4 Bititilb SW Nirtibur, 1ve,04)4,„ puRpocc OP PAYt441441 ,... ,HtlitiON i VAI.11 ,' ' 4.1tiP001:•. Of - 100'04 NI AMOUM1 V'A.1,1X1 1,4, a 114,411,44,,,,,tr...to6 4:410 Li1141) Ver. APPt. • " , Co STRIP 100.1441., ;4) Pkt:EAPI MCC.14 AMOUNT • • • • 100* 00. • :6A0141. A.At1O4 I PAYMITAI Alk.; i',44!ii.l.ato, ..,C,3UBO X VI SION 4 . 1,4 MiooP M(„5di-fic..6fion rev AT 6"4„ - • TOtAL AMOUNT PPIO - - -) 100. 00 8405 S.V. Nimbus Avenue Beaverton, OR 97008-7120 MINOR MODIFICATION REQUEST CUP 94-0003 • ,• AT&T Wireless Services Attic Kathleen Creighton Project Manager 1600 SW 4th Avenue Portland, OR. 97201 proposal: W&1i Pacific, Inc. Michael Birndorf 8405 SW Nimbus Avenue Beaverton, OR, 97008 Phone #626-0455 Michael Munch Don Schaeffer 14520 SW Bull Mtn. Road Tigerd, OR. 97224 Southeast corner of SW Ball and SW Pfaffle QM 181 35DA Tax Lot 1100 Professional C(....tmercial (CP) .12 acres The applicant, AT&T Wireless Services, is requesting minor modification approval to attach three (3) paging antennas to an 80 foot tall steel monopole on the subject property. The subject property presently contains a 100 foot tall wood pole used for cellular transmissions, which was originally approved per casefile COP-94-003. A subsequent minor modification WaS approved to allow replacement of the wood pole with a 80 foot tall galvanized steel monopole. (503) 626-0455 Fax (503) 526-0775 Planning • Engineering o Surveying • Landscape Architecture • Environmental Services p modification i g. e. (� "whip" style antennas each The proposed modz�ca�on v�nll involve attaching three � acorn "wln s le on the to measuring approximately 10 feet long and 2.6 inches in diameter to the antenna pl tform o top of the monopole structure (see attached elevation drawings). All electronic equipment associated with the antennas will be completely housed within the existing AT&T equipment building adjacent to the rnonpole. As a result, there will be no modification to the site plan. The visual impact of the new antennas will be negligible. If you have any questions regarding this Matter, please contact me at 626 -0455. Sincerely, w Pacific Michael Birmdorf Telecommunications P Manner [Page Too Large for OCR Processing] November 1, 1996 CITY OF TIGARD OREGON Spencer Vail, Site Acquisition Consultant AT &T Wireless Services, Cellular Division 4505 NE 24th Avenue Portland, OR 97211 Re: Minor Modification to CUP 94- 0003 /Cellular Monopole Site Location: SW Hall Boulevard and SW Pffafle Stree` Dear Spencer: This letter is in response your request replace the existing 100 -foot tall wood r res once to our re nest ore monopole with an 8A foot tall galvanized steel monopole, similar to other recent/ developed sites. The Director finds that this modification complies with all applicable approval criteria for a Modification as contained in Section 18.130:050 (B) (140) and has approved this request subject to the following Condition of Approval. 1. Prior to the issuance of Building Permits, the applicant shall provide a written estirnate for the rernoval of the existing 100 -foot tall wood monopole and shall bond its removal. Staff Contact: Mark Roberts, Planning Division. In order to avoid any unnecessary permit processing delays, please provide a copy of this letter and the initialed approval of the work estimate and bond with any application for Building Permits for this modification. Please feel free to contact me concerning this information at (503) 639 -4171. Mark Roberts Associate Planner, AICP istiurpinimart_ t cu94- 3rnd,doc. 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 iDD (503) 684 -2772 P MINOR MODIFICATION REQUEST CUP. 94-0003 APIULCALLI AT&T Wireless Services Attn: Real Estate manager PO Box 1119 Portland, Or 97207 BEEMEN/ABLE: Spencer H. Vail Planning Consultant 4505 N.E. 24th Portland, Oregon 97211 PRrPERMakeil. Michael Munch Don Schaeffer 14520 SW Bull Mtn Road Tigard, OR 97224 TLLOATlQN: Southeast corner of SW Hall and SW Pfaffle AtErzjapa111 151 35DA Tax Lot 1100 0,12 acres &Mail C-P Professional Commercial DESCRIPTiON OF PROPQBAU This ?s a request to allow for the removal of an existing 100 root tall wood cellular monopole and to replaem it with an 80 foot tall galvanized steel monopole. The antenna configuration would remain the same, The work proposed calls for the erecting the naw monopole at the west end of the existing equipment shelter. After completing the necessary wiring, the new antenna array will be activated, The old wooden pole will then be removed from the site. Total time involved to complete the change over will be about two weeks, A copy of the existing and proposed site plan is attached for a depiction of the above proposal. _, e notes 5- X 27' -g"' EQUIPMENT SHELTER - 317 SF IN AREA ..S`Zif DETAIL T /Dr FOR GROUNDING PLAN 2. IOC WOOD POLE Z. 6' CHAIN LINK FENCE WITH 3 STRAND BARBED WIFE AND 16. GATE - SEE DETAIL 1/D5 WAVEGUIDE BRIDGE 5_ EXISTING BUILDING TO BE REMOVED 6. GRAVEL YARD AND DRIVEWAY - SEE DETAIL 2/07 7. REMOVE DAMAGED EXISTING FIR TREE 8: SHARED ACCESS DRIVEWAY - SEE CIVIL DRAWINGS 9 PROPOSED NEW ROAD ALIGNMENT AND SIDEWALK - SEE CIVIL DRAWINGS 1Q_ REMOVE EXISTING DRIVE • 11' -11 1/4" 68', -7 1 4 A WheIcss Services AT&T CENTER TECHNICAL SERVICES 1660 SW 401 AVE., P (503) 243 -3333 D, OR 97201 „ t CVO( 01IWAPD htMitol OV PutICWA UL;EN4 INUS1 OCLOUN1 wr i:AfH OWILAND OR (i):(A1— It '1 NO 4. Criti.rA 0111111N r At4LILIN r PAYMNi bt !,13U001WIS.1,UN PURPOW 01- PAVV4t!.N1 ti0OUNI 1,4411) PUPPNE1,. tn- PAY1W1 1AND UM APPL 100.0.0 Gt104-1,100:f,1 4tWqA mnDtrcrif,mil AHUHOMUNT , t 1Pitlt,11111 tfl 1,3 • u UP 94-0003 FILICAND AT&T Wireless Services Attn: Real Estate manager PO Box 1119 Portland, Or 97207 BEEMEKEATIVF: Spencer H. Vail Planning Consultant 4505 N.E. 24th Portland, Oregon 97211 PitifiSMEit Michael Munch Don Schaeffer 14520 SW Bull Mtn Road Tigard, OR 97224 SITE LOCATION: Southeast corner of SW Hall and SW Pfeifle LEGALDE5101ETIM. 1S1 35DA Tax Lot 1100 ,sim SIZE: 0.12 acres La MIMI C-P Professional Commercial OROPOSAk This is a request to allow for the removal of an existing 100 foot tall wood cellular monopole and to replace it with an 80 foot tall galvanized steel monopole. The antenna configuration would remain the same. The work proposed calls for the erecting the new monopole at the west end of the existing equipment shelter. After completing the necessary wiring, the new antenna array will be activated. The old wooden pole will then be removed from the site. Total time involved to complete the change over will be about two weeks. A copy of the existing and proposed site plan is attached for a depiction of the above proposal. cm 5 X 27` -4" EQl3IP>lENT SHELTER - 317 SF IN AREA. Sr': DETAIL t /D1 FOR GROUNDING PLAN Z. T00 WOAD POLE 3. 6 CHAIN LINK FENCE WI TI-I 3 STRAND BARBED WIRE AND t&' GATE - SEE DETAIL 1 /05 • WAVEGUIDE BRIDGE S. EXISTING BUILDING TO BE REMOVED fi_ GRAVEL YARD AND DRIVEWAY - SEE DETAIL 2/D7 7. REMOVE DAMAGED EXISTING FIR TREE 8t SHARED ACCESS DRIVEWAY - SEE CIVIL DRAWINGS PROPOSED NEW ROAD ALIGNMENT AND SIDEWALK - SEE CIVIL DRAWINGS 10, REMOVE EXISTING DRIVE CURE MADMEN D>3»IGROU4 P • �' ��-� ,ua - SPACE PEANNINM Cellular One I233:TiTI iway.3 325 • Lake.O5wego, aegI n97035 C503) 244 • FAX =244.41IT BuildIg Permit Submittal Aug: Pmt PfaffleRoad: Celt Site i 0 • -o rn w PR72 PHAFFLE ROAD CELL SITE A']f fWi essServices AT&T CENIER TECNNtAL ". `-.?MCES 1(00 SW 4th AvE., F ND, OR 97201 (503) 243 -3333 e 4 NME IMO NERVE,' December 2, 1996 Dave Kimmel Planning/Design Group 122 SW 27th Avenue Portland, OR 97214 Re: CUP 95-0001 Dear Mr, Kimmel: This letter is to inform you that you have satisfactorily complied with Condition of Approval number 10. Additional traffic reports will not be required, If you have any questions concerning this information, please feel free to contact me at (503) 639-4171. Sincerely, William D'Andrea, AICP Associate Planner Imorploivill‘cup95-01,10 c, CUP 95-0001 land use file w, • 13125 SW Hall Blvd., Tigcirdi OR 97223 (503) 639-4171 TDI:5 (503) 684-2772 ---- NOTICE OF FINAL ORDER - BY HEARINGS OFFICER 1. Concerning Case Number(s): CUP 94-0003/VAR 94-0002 2. Name of Owner: D. Schaeffer and M. Munch Name of Applicant: Cellular One 3. Address 1600 SW 4th Avenue City Portland State OR Zip 97201 4. Address of Property: Southwest corner of SW Hall Boulevard and. SW Pfaff is Street Tax Map and Lot No(s).: 1S1 3 SDA tax lot 1100 S. Request: The applicant requests approval for the following development applications: 1) Conditional Use approval to allow the construction of a cellular communications facility consisting of a 100 foot wood pole tower and a 336 square foot equipment shelter; 2) Variance approval to the buffer area width requirement from 20 feet to 15 feet to allow the construction of a 10 foot wide access drive. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters and Sections 18.64.040, 18.100,035, 18.100.080, 18.100.030, 18.102, 18.106, 18.108.080, 18.114.130 (D), 18.130.040, 18.130.050 (18), 18.132.040, 18.134.0500 18.150, and 18.164; Comprehensive Plan Policies 2.1.1, 4.2.1, 7.1.2, 7.3.1, 7.4.4, 8.1.1, 8.1.3., and 12.4. Zone: C-P (Professional Commercial) The C-P zone allows public agency and administrative services, public support facilities, business equipment sales and services, business support services, financial, insurance, and real estate services, and utilities among other uses. 6. Action: Approval 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 X Affected governmental agencies 8. Final Decision: THE DECISION SHALL BE FINAL ON UNLESS AN APPEAL 18 PILED. The adopted findings of fact, decision, and statement of conditions can be obtained from the Planning Department, Tigard City Hall, 13125 S Hall, P.O. 8ox 23397, Tigard, Oregon 97223. 9. Appeal: Any party to the decision may appeal this decision in accordance with 18.32.290(B) 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 ah appeal ie 3:30 p.m. 01,Alth.3 10. galtions: If you have any questions, please call the city of Tigard Planning Department, 639-4171. BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding a request by Cellular One for a conditional ) use permit for a tower and equipment building for a ) cellular telephone facility and associated variance to ) buffer requirements at Hall Boulevard and Pfaffle ) Street in the City of Tigard, Oregon FINAL ORDER I. SUMARY..O.EMEREMESI The applicant requests approval of a conditional use permit for a 100-foot tall wood pole tower for cellular telephone antenna and a 336 square foot concrete equipment building, The applicant also requests approval of variances to buffer standard to allow an access drive in the required buffer and to reduce the required buffer width from 20 feet to 15 feet. The applicant will remove an existing structure and vegetation from the site, grade and rock most of the site, and enclose the rocked area with an 8-foot high slatted chain lank' fence. The applicant will plant landscaping around the edge of the site and/or on the right of way of Highway 217 adjoining the site The site will not be staffed, The use will generate only one or two vehicle trips per month are expected after construction. Hearings Officer Larry Epstein held a duly noticed public hearing regarding the application on June 13, 1994. City staff recommended conditional approval of the applications. The applicant generally accepted the staff report and recommendation but objected to conditions of approval requiring the applicant to improve the site's Pfaffle Street frontage, particularly the frontage of adjoining tax lots under common ownership, and to paint the pole a neutral blue. The owner of an apartment building across Pfaffle Street testified with concerns about the effect of the tower on views and the effect of removing trees from the site on noise impacts from traffic on Highway 217, No one else testified about the application, LOCATION: A triangular site bounded by SW Hall and SW Pfaffle Streets and Highway 217 WCTM 1S1 35DA, Tax Lot 11001 COMPREHENSIVE PLAN AND ZONING: C-P (Professional Commercial) APPLICANT: Cellular One OWNER: Don Schaeffer/Michael Munch APPLICABLE LAW: Community Development Code Chapters 18M, 18,100, 18.102, 18.106, 18,108, 18,114, 18.130, 18.132, 18,150, and 18,164, Comprehensive Plan Policies 2,1,1, 4,2.1, 7.1.2, 73,1, 7.4.4, 8.1.1, 8,13 and 12,4, STAFF RECOMMENDATION: Conditionally approve HEAIUNGS OFFICER DECISION: Conditionally approv. d 1 Note that Tigard Development Code section 18,132,040(A)(4) requires the applicant to merge the site with tax lots 1000 and/or 1200, because tax lot 1100 is about 600 square feet smaller than the minimum lot size, and tax lots 1000 and 1200 are contiguous and under the same oWnerShip, however, other than for compliance With section 18.132,040(A)(4), the Site is tax lot 1100, Page 1 — fiedritigs Officer Fin di Order CUP 94,0003NAII 94,0002 (Cellular One) II. FINDINGS ABDELEMAISILEaRQUIDIMS. A. EXISTING SITE CONDITIONS 1. The site is on the south side of SW Pfaff le Stree the east side of SW Hall Boulevard, and the northeast edge of Highway 217. It contains about 0.13 acres (5663 square feet) and is a right triangle in shape. The hypotenuse r �i' the triangle is the lot line adjoining Highway 217. 2. The elevation of the site rises gradually about three feet from SW Pfaff le Street to the south conr of the site. :A 24 -foot by 36 -foot metal shed is the only structure on the property. Two gravel driveways from SW Pfaffle Street provide access to the site. Shrubs in the SW Pfaff le Street right -of -way separate the two driveways. Additional shrubs are located west of the site in the Highway 217/Hall Blvd. rights -of -way, and several mature fir trees are located south of the site in the highway right -of -way. There are also several deciduous trees and shrubs east and south of the existing metal shed. The yard around the metal shed is paved in gravel. B. PROPOSED USE AND DEVELOPMENT 1. The applicant proposes to establish a cellular telephone antenna facility on the site The site is situated to enhance cellular service coverage in the Highway 217 corridor. After construction of the facility, it will not be staffed. Technicians will conduct on -site maintenance once or twice a month. 2. The applicant will dedicate about 5 feet of right of way for Pfaffle Street adjoining tax lot 1100, but proposes to defer improving the street frontage. City staff recommend the applicant be required to dedicate and improve the frontage of tax lots 1000, 1100 and 1200. 3. The applicant proposes to remove the existing metal shed and to grade and rock about 2400 square feet of the site The existing driveways to Pfaffle Street will be closed, and a new paved 10 -foot wide driveway to Pfaffle Street will be built about 21/2 feet from the east edge of the site. The driveway will extend south about 40 feet to a 16 -foot wide gate through an 8 -foot high slatted chain link fence that will enclose the rocked portion of the site. Based on the preliminary site plan, the drive continues some distance south of the gate. 4. The applicant will build a one - story, 12 -foot by 28 -foot concrete equipment building about 71/2 feet from the southwest edge of the site (Highway 217) and 20 feet from the ultimate north edge of the site ( Pfaffle Street). Southeast of the building will be a 100 -foot tall wood pole topped with cellular telephone antennas. The gravel area of the site surrounds these structures, so that technicians and equipment can service the site. The gravel a also provides room for vehicle parking, 5. The south of the site on Highway 217 remove a 36-inch diameter Douglas fir tree about 20 feet FP l right -of -way, because it is decayed and poses a hazard to highway traffic and the proposed tower. See the letter dated January 14, 1994 from Robert S. Green, Forester for the Oregon Department of Transportation (''ODOT ") describing Mr. Green's inspection of the tree, assessment of the decay observed, and recommendation that the tree be removed. ` 30 feet on center 6. The applicant proposes to plant 2 -inch caliper Red Maple trees 3 on the site along the Pfaffle Street frontage and a continuous row of Pacific Waxmyrtle Page 2 - -- Hearings Officer Final Order CUP 94- 0003NAR 94.0002 (Cellular One) y` iP'•s = ; n C r i r ' arch ' =a .i w 4 ♦ ?S! �3` 4 • k r LEGIBll.T STRIP A r.Y ! r •°} t „re ." • . . beneath the trees. Cotoneaster is proposed as groundcover along the Pfaffle Street frontage. Substantially more cotoneaster will be planted if the applicant defers street frontage improvements. The applicant proposes to plant 7- to 8-foot tall Hogan Cedar trees at the northwest and southeast corners of the site and, if approved by the Oregon Department of Transportation, in the Highway 217 right of way adjoining the site. The applicant proposes to plant compact Oregon Grape adjoining the drive on the site and at the southeast corner of the site. C. STREETS AND UTILMES 1, The site has vehicular access only to SW Pfaffle Street, a Minor Collector. The north half of the Pfaffle Street right of way was improved to City half-width standards in 1990. The south half-width has a roughly 10-foot wide paved section and no curb or sidewalk in a 25-foot half-width right of way. City staff recommend the applicant be required to dedicate right of way as necessary for a 30-foot half-width adjoining tax lots 1100 and 1000, (i.e., about 5 feet more), and the applicant agreed to do so abutting tax lot 1100. City staff also recommend the applicant be required to improve the half-width right of way adjoining tax lots 1000 and 1100 to City standards, including pavement, curb and sidewalk. The applicant objects to that requirement, particularly improving the frontage of tax lot 1000. See the applicant's oral testimony. 2 SW Hall Boulevard has been improved to City standards with the construction of the bridge overcrossing of Highway 217, adjacent to the site Highway 217 is a state highway and not subject to City jurisdiction. No further street dedications or improvements are required for SW Hall Boulevard or Highway 217. 3. Overhead wiring is located along the north side of SW Pfaffle Street. The City staff recommended that the applicant should be required to place overhead lines on the site underground or pay the fee in-lieu of undergrounding. The applicant agreed to underground new lines for the site Existing street lighting complies with City standards, and no further street lighting construction is required. D. SANITARY SEWER The site is served by an 8-inch diameter public sanitary sewer line located in SW Pfaffle Street. The main line e has sufficient capacity for the proposed new development, based on the City utility. The applicant does not plan to ii stall a rest room on the site. E. STORM SEWER 1. The site drains to a ditch in SW Pfaffle Street that flows to a cross culvert about 70 feet to the east. If the applicant improves the Pfaffle Street frontage, it will include drainage features that collect storm water and direct it by gravity to the existing ditch and culvert to the east, City staff recommend that the applicant verify that the additional runoff does not exceed the capacity of the downstream system. 2 The Unified Sewerage Agency has adopted and the City has agreed to enforce Resolution and Order No 91-478 which requires on-site water quality facilities or payment of fees in-lieu of such facilities, Section 7.10b of the Resolution and Order cites conditions under which the fee in-lieu may be accepted. Specifically, it provides, that if ft[t]he site is small compared to the development plan, and the loss of area for the on-site facility would preclude the effective development, the fee may apply." City staff recommend that a fee in lieu be required in this case. Page --- Reaiint.t Officer Final Order CUP 94.0003/VAR 94-0002 (Cellular One) 3. ODOT reviewed this proposal and stated that a plan for storm water that drains onto the ODOT right-of-way shall be approved by ODOT District 2A. Ill. 4 • ' . e : MAIMS The Hearings Officer incorporates by reference the approval standard cited in Section III of the City of Tigard Staff Report dated June 6, 1994, A. HEARING Hearings Officer Larry Epstein received testimony at the public hearing about this application on June 13, 1994. 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 Hall. B. SUMMARY OF SELECTED RELEVANT TESTIMONY L City Planner Mark Roberts testified for the City. He summarized the staff report and recommendation, 2. john Spencer testified for the applicant He accepted the staff report and recommendation with the following corrections and objections: a. The applicant objected to dedicating right of way and making improvements to the Pfaffle Street frontage of tax lot 1000, because no development is proposed on that lot, and dedication and improvement requirements would conflict with development (in the tax lot That is, the inside edge of the sidewalk would be only 6 feet from the garage on tax lot 1000 if Pfaffle Street is improved to City standard2 b. The applicant objected to improving Pfaffle Street abutting tax lot 1100, because the proposed use will have an insignificant impact on that street, and improvement abutting only tax lot 1100 will not substantially enhance traffic safety and may pose a hazard because of the rapid transition in road width to the east. The applicant agreed to accept a condition of approval requiring the applicant to execute a deed restriction requiring the owner of the property not to remonstrate against formation of a local improvement district or equivalent to improve the road frontage of the site, c, The applicant argued the discussion of required landscaping at pages 4-5 of the Staff Report incorrectly computes the area of landscaping required on tax lot 1100, The Staff Report states that 1300 square feet of landscaping is required, The applicant noted tax lot 1100 contains 5300 square feet, That area times 15% required landscaping equals 784 square feet, The applicant proposes to provide more than 1300 square feet of landscaping on-site, plus off-site tree planting, Therefore, the preliminary site plan complies with required landscape area d. The applicant argued the wood pole should not be required to be painted a "neutral" color. The natural wood tone will be more compatible with the treed background of the tower. 2 City staff later detemlined the garage would be about 9 feet from the inside edge of the sidewalk, Page 4 --- Hearings Officer' Final Order CUP 94-0003NAR 94-0002 (Cellular One) 4,0.1 4..'„.;;- w %. • 3. Don Graham, owner of the apartments across Pfaffle Street, testified with concerns about the effect of the development on views and noise exposure of residents of the apartments. He urged that street trees be larger than 2-hrhes in diameter and that utilities be installed underground. 4. In response, Mr. Spencer Irgued the impact on views will be mitigated by proposed landscaping and by undergrounding of utilities. He argued the loss of trees on the site will not perceptibly affect noise levels ra the apartment. He agreed that trees larger than 2 inches in diameter could be planted. He also agreed that the driveway on the site need not extend south of the gate. 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 June 6, 1994. V. ELYALUAnallaSERIESI A. CONDITIONAL USE PERIVIrt 1. The proposed use is permitted as a conditional use in the CP district, based on section 18.64.040(A)(3), which lists "utilities' as a conditional use. The hearings officer finds that a cellular telephone antenna and accessory structures is a communication utility. 2. The proposed use does or can comply with the standards for a conditional use permit in Chapter 18.130, because: a. The needs of the proposed use, including the need for aesthetic area for design treatment, can be met on the site, because there is ample room for the proposed structures, access and landscaping. The triangular shape and small size of the site make it unsuitable for many commercial and office uses, but make it suitable for a utility that requires little access and creates little activity. The site is particularly suited for a cellular antenna facility, because it adjoins Highway 217 and is roughly equidistant from cellular antenna sites to the north and south. b. The characteristics of the site are suitable for the proposed use, because the site is flat and has no significant natural features. It is physically separated from residential uses except a home owned by the owner of the site, because SW Pfaffle Street, Hall Boulevard and Highway 217 isolate the site from surrounding properties. Tice antenna tower will be situated at the south end of the site to increase its separation from residential areas. c. All required public facilities are available or can be made available to serve this development as proposed, based on the comments in the record from facility providers. re: 4 ‘, 6 d. With the exception of buffer requirements, which are addressed in the 6 related variance application, all applicable standards of the CP one are or can be met by the proposed use as follows: (1) The size of tax lot 1100 is about 600 squaw feet smaller than the 6000 square foot minimum size in the CP zone, However, based on section 18.132.040(A)(4), the site is merged with to lot 1200 so that both exceed the 6000 square foot minimum lot size. Page —4, hearings Officer Final Order CUP 94-0003/VAR 94.0002 (Cellular One) (2) The site has an average width of more than 50 feet. (3) The site does not adjoin a residential zone; therefore, no setbacks are required. (4) Section 18.98.010(A) allows utility towers to exceed the maximum height limit of 45 feet in a CP one and of 75 feet in a nonresidential zone. (5) Less than 85 percent of the site is covered with buildings and impervious surface, and more than 15 percent of the site is proposed to be landscaped. e. The proposed use can comply with Chapter 18.114, because no signs are proposed. If a sign is proposed, sign permits must be obtained before it can be installed. f. The proposed use can comply with section 18.120.180, based on the following (1) The proposed conditional use complies with Development Code chapters cited in section 18.120.180(A), or warrants approval of variances to those sections, based on the findings at pages 4 -11 of the Staff Report and the findings i n this final order, (2) The proposed building is located to preserve trees and is not in i an area subject to steep slopes or geophysical hazard; trees more than 6 inches in diameter will be replaced, base don the preliminary landscape plan. (3) `Buffeting and screening between the proposed use and the ' considering `on of ed use has little ad�oinmg dwelling is provided in adequa h asst backs ando tat�e proposed proposed traffic, noise or other operating m impacts, landscaping. the proposed use generates no noise, lights structures, and proposed or glare, the buffer need not be substantial to to protect the privacy of the residents of the adjoining dwelling. (4) i enclosing in an 8 -foot high slatted chain link fence structures on By site, the proposed 1 use complies with crime prevention and and lighting the stru safety standards. (5) The site will have only one point of access to a public street Access complies with section 18.108 +070, because only one access point 10 feet wide is proposed. The access point does or will have sight distance consistent with this section. 6) Proposed parking does or will r of + with sections ns p g ply � ith sectio 06,050 and 18.106 090, because requisite be 18.10 ause the re uysite numbs os�m►c spaces th with improved on the site However, the applicant proposes p the parking area with a l surface, Section 18.106,050(I) requires the parking spaces to be asphalt g or concrete. A condition to that effect is warranted. Proposed landscaping complies with Chapter 18, 100, based on preliminary landsc (7) plan, and exceeds 15 percent of the site. the p ry P P g The proposed conditional use can comply with Chapter 18.164 only if the applicant dedicates right of way as necessary for a City standard half -width right of Page 6 Hearings Officer Final Order CUP 94 -0 ►3/VAR 94 -0602 (Cellular One) way and improves that right of way consistent with City standards for a half-width right of way. The hearings officer does not accept the applicant's argument that dedication and/or improvement should be deferred, because there is no certainty that the dedication and improvements, the need for which is created or increased by the proposed use, will be obtained in a timely manner if the applicant does not do so. (1) Although the proposed use will generate relatively little traffic, it will generate traffic. That traffic must use Pfaffle Street for access to the site Therefore, there is a rational relationship between the proposed use and a condition requiring the applicant to dedicate right of way for and to improve Pfaffle Street. Whether that relationship is proportional is a question of judgment. The hearings office finds the relationship is proportional, because the applicant generates a limited amount of traffic and the condition requires the applicant to make only a limited improvement (i.e., to improve only the half-width frontage of tax lot 1100). (2) The hearings officer finds that the applicant should not be, required to dedicate right of way from tax lot 1000 east of the site or to improve the right of way adjoining tax lot 1000, because the proposed use does not gain access to the street through that tax lot. There is no rational relationship between the proposed use and condition requiring the applicant to dedicate and improve right of way adjoining tax lot 1000 except the happenstance of the applicant's ownership of that lot. Such a circumstance by itself does not warrant imposition of a condition requiring dedication and improvement of right of way adjoining tax lot 1000. h. The proposed conditional use complies with the applicable comprehensive plan policies, based on the findings at pages 12-13 of the Staff Report. B. VARIANCES 1. Development Code sections 18.100.080 and 18.100.130 require a 20-foot buffer along the east side of the site and prohibit an accessway in the buffer area. The applicant requested a variance from both these criteria. The applicant proposes a driveway in the buffer area at least to the south edge, of the gate (about 400 feet south of Pfaffle Street). The applicant also proposes to reduce the buffer to 15 feet along the whole east side of the site. A variance can be approved pursuant to section 18.134.050. See the approval criteria for a variance at pages 7-8 of the Staff Report. 2. Regarding the reduction in the width of the buffer, the hewn' gs officer finds the variance should be granted, based on the findings at page 8 of the Staff Report and the following findings! a. The proposed reduction in the landscape buffer will not be materially detrimental to the other properties in the vicinity or to purposes of the code and will not conflict with the policies of the Corn' prhensive Plan or other applicable policies and standards, because a landscape fifteen feet wide is enough to provide for landscaping sufficient to buffer the single family dwelling to the east. Principal views from that adjoining dwalling are not toward the site; they are toward the north and south of the dwatg. OnYy one window from the dwelling, faces the site Careful attention to the type and location of landscaping can effectively buffer views from that window. The home to the east does not have outdoor recreation features, such as a balcony or porch, facing the site Moreover, the structures on the CUP site will be more than 25 feet from the east property line, providing additional distance to mitigate impacts. Lastly, the low level of land use activity proposed for the site reduces the need for a buffer. However, the hearings officer notes that only low-growing plant species are proposed for the buffer area. The Page 7 liearings Offior Final Order CUP 94.0003/VAR 94-0602 (Cellular One) hearings officer finds such vegetation is not sufficient to adequately buffer the home to the east. Therefore, a condition of approval is warranted requiring the applicant to plant high growing shrubs or trees within the buffer south of the driveway to enhance the effectiveness of the less- than - standard -width buffer. b. The small size, irregular shape and three street frontages of the parcel are special circumstances making the arrangement of any use on the parcel difficult. The amount of site area available and suitable for development is lim size There no other properties zoned CP in this area which are subject to shape circumstances except tax lot 1200 kwhich is even more limited). The applicant has no control over the size or shape of the site. c. The variance does not authorize uses otherwise prohibited in the zone. The variance will ermit the land to be used for a reasonable economic purpose, given the P fifteen-foot buffer complies circumstances g proposed with the applicable stand d to the extent zoning possible while permitting he site to be used for a llular telephone antenna site in a manner that allows access for maintenance purposes to structures associated with that use. d. Existing physical and natural systems will not be affected by granting the buffer width variance more than if the buffer was 20 feet wide. e. The site area lost for required rih �f in right-of-way dedication, and ty,he the small parcel size, additional site are g y , existing triangular shape. These conditions result in art from the alignment of Iii hway 217, The five -loot buffer variance is the minimum requited to insult in an efficient yard, to locatestructures as far from SW Pfaffle Street as possible, to maintain visual clearance at the SW Pfaffle Street/SW Hall Boulevard intersection, and to locate a curb cut on SW Pfaffle Street as far east as possible: 3 Regarding the variance for the driveway in the buffer, the hearings officer finds the variance should be granted, based on the findings at page 8 of the Staff Report and the following findings: a, The proposed accessway to the gate within the buffer will not be materially detrimental to the other properties in the vicinity or to purposes of the code and ` conflict with the policies of the Comprehensive Plan aC r other applicable policies will not confli and standards, because the drive will be situated as far asp practicable from the SW Pfaffle Street/SW Hall Boulevard intersection, thereby enhancing traffic safety, Due to the high of traffic travels through that intersection and the relatively high speed of that traffic, volume of traffic that the distance between the intersection and the driveway minimizes the potential for Qor active: Becaus hazardous the low vo time of traffic that will u buffer eceSa�{�rwy! to meet this b' i driveway and because the j for the adjoining dwellin .... will adjoin the driveway, its proximity to that garage J P dwelling will not have a matrially ffect on the dwelling, b. The small size and irregular shape of the parcel and its relationship to i streets are special circumstances making access to the site for adjoining collector and arterial scree . any proposed use difficult and otentially hazardous, Due to the high rate of speed of P the driveway � to the site should be situated as far from the intersection of those streets as possible, y traffic on SW Hall Boulevard and SW Pfaffle Street, blez That means the access must be situated within the buffet along the east edge of the site, The a licant has no g PP control over the volume or speed of traffic on streets or their classification by the City. ft; .44 Page 8 - j !iearings Officer Find Order CUP 94.0003/VAi 944002 (Celtu1 One) • c. The variance does not authorize uses otherwise prohibited in the zone, Given the physical conditions adjoining the site, the variance will permit access to the site in a location that is most safe, thereby allowing the land to be used for a reasonable economic purpose. The driveway will otherwise comply with applicable City standards regarding width, sight distance, surfacing, etc. d. Allowing the driveway in the buffer does not affect a4 = =,isting physical and natural systems more than if the access was provided outside the buffer. eY The hardship in this case is the proximity of the site to the high-speed Hall Boulevard/Pfaffle Street intersectionY r not create those streets or that proposed use generates relatively little traffic, the proposed use traffic, In fact, because the prop g Y . impact • , variance. � ' rice to allow tl�e dri has the least im act on the condition t ►at warrants the ne vacs, Provided the drive does e s not extend south of the gate to which it provides access, the minimum necessary to provide safe access to the site. VI. ISIELYISMMEARIN.GIQUICER The Hearings Officer visited the site and surrounding area He observed the existing access to and structures, vegetation, and grades on the site and adjoining property and the condition of the adjoining streets, ISIo The Hearings Officer concludes that the proposed conditional use permit does or will comply with the applicable criteria and standards of the Community Development Code, provided development that occurs after this decision complies with applicable local, state, and federal laws and with conditions of approval warranted to ensure such compliance occurs. Ln recognition of the findings and conclusions contain, tic herein, pon and and ehib�g Y the Staff Report and other report's of affected agencies and p y Y exhibits received in this matter, the Her .gs Officer hereby approves VAR 94-0002 with respect to y e9 Y approves south of Pf` a for the the 5 -foot variance from the 20 -foot buffer � the ate about 40 feet she varran � fle Street; and ay in CUP P 94-0001, subject tog the conditions of approval recommended in the approves Y � i g .. .. p June 6, 1994 Staff Report, with the following amendments: 1. Condition of approval 1 is amended to read as follows: Standard half-street improvements, including concrete sidewalk, driveway apron, asphaltic concrete pavement, and storm drainage installed along the SW g 1 Improvements Pfaffle Street frontage adjacent to tax lot 1100 Im r ovements shall be designed Y .. _.. Y. Y_.. .,... . ...'Y a • t of tint approved t b tithe Engineering and constructed to half-street standards a�d shall conform existing adjacent improvements or g Y Department, 2, Condition of approval 2 is amended to read as follows: Additional right-of-way shall be dedicated to the pub ` along the SW Pf affl the Street public alo g adjacent to increase the right-of-way frontage ad` tint to tax tot 1100 � Y. ._ ... w The -. centerline. description shall be tied to the existing right-or-way centerline. h The descri g . dedication document shall be on City forms, Instructions are available at the Public Counter or from the Engineering Department, Page 9 - Hearings Officer Final Order CUP 94- 000.M/VAR 94 -0002 (Cellular One) IIIMMENNISMINEK • 3. Condition of approval 9 is amended to read as follows: The armliont shall submit revised site and landscape plans that sho4E a provision for the f swing: a. The applicant shall show that at least fifteen percent (15 %) of tax lot 1100 will be in landscaping after required dedications. b. The applicant shall amend the site and landscape plan to comply with clear vision requirements for the proposed driveway access to the site. c. The antenna pole shall be a natural wood color. d, The applicant shall provide shrubs and/or trees that will obscure views of the site from the dwelling to the east within the 15 -foot wide buffer from the south edge of the gate to the south edge of the buffer, like trees and landscaping proposed for the north and southwest edges of the site The drive in the buffer may not extend south of the gate through the fence. e. The access drive to the site and parking shall be paved consistent with sections 18.106.050(I) and (J) except as otherwise authorized by law. DA D is 27th day + .. ne, 1994 Larry Epste City of Tig gs Officer Page 10 • -- Hearings Officer Final Order CUP 94.000INAIt 94 -0002 (Cellular One) AGENDA ITEM 2.1 BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by Cellular One to construct a 100 foot antenna tower and a 336 square foot equipment shed. STAFF REPORT CUP 94-0003 VAR 94-0002 I. SUMMARY OF THE REQUEST 1CASE: Conditional Use Permit CUP 94-0003 Variance VAR 940002 SUMMARY: The applicant requests Conditional Use approval to allow a 100 foot cellular tower to improve cellular phone service along the 217 Highway corridor. The applicant also requests a Variance to the side yard buffer requirement to allow construction of a driveway onto the property. APPLICANT: Cellular One 1600 SW 4th Avenue Portland, OR 97201 OWNERS: Don Schaeffer Michael Munch 14520 SW Bull Mountain Rd. Tigard, OR 97224 COMPREHENSIVE PLAN DESIGNATION: C-P (Professional Commercial) ZONING DESIGNATION: C-P (Professional Commercial) LOCATION: The southeast corner of SW Hall and SW Pfaffle (WCTM 151 35DA, Tax Lot 1100) APPLICABLE LAW: Community Development Code Chapters 18.64, 18.100, 18.102, 18,106, 18.108,18.114, 18.130,18.132, 18.134, 18.150, 18,164, and Comprehensive Plan Policies 2.1.1, 4.2.1, 7.1.2, 7.3.1, 7.4.4, 8.1.1, 8.1.3 and 12.4. STAFF RECOMMENDATION: Approval subject to conditions, 1,4 I 7. U. FINDINGS ABOUT SITE AND SURROUNDINGS A. ,Background Information: No other land use applications having been submitted for this site for this property. B. Site size and sham.: The subject parcel contains approximately 0.12 acres. The site is triangular in shape and fairly level. C. Site Location: The site is located at the southeast corner of SW Pfaffle Street and SW Hall Boulevard and the abuts the 217 Freeway right-of-way. D. LLAtsit at_ ..A.5.tricjiltga: The subject parcel is developed with a one and half story metal shop building. Several trees exist on the site and are located towards the southerly and westerly portions of the site. E. Surround ira Properties to the north are zoned R-12 (Residential) and C-G (General Commercial), and are developed with single family residences. To the south and west is the 217 Freeway, Properties to the east are zoned R-4.5 and are developed with single family homes. III. APPLICABLE APPROVAL STANDARDS A. unjtyDeveh ode: 1. Chapter 18,64 allows communications services as a permitted use which would allow the storage building as a permitted use. The Development Code defines utilities such as the proposed antenna tower as a utility which and i5 a conditionally permitted use within the zone. HEARINGS OFFICER - CUP 94-0003 - VAR 94-0002 CELLULAR ONE PAGE 2 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 Adequate area for aesthetic design treatment to mitigate possible adverse effects from the use on surrounding properties and uses. 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 zoning district are met except as modified by this chapter. 5) The supplementary requirements set forth in Chapter 18.114 (Signs) and Section 18.120.180 Site Development Review are mete The use will comply with the applicable policies of the Comprehensive Plan. The use as proposed complies with all site area development standards set forth for the Commercial Professional zoning district due to the single ownership of the subject property and the two adjoining parcels. The site is suitable for this use due to the small triangular shape of the property which limits potential commercial uses on the site. The property 15 • physically separated from most residential areas due to the alignment of SW Pfaffle Street along the properties frontage which provide a buffer from adjoining residential uses. The applicant has also proposed to locate the antenna towards the southern portion of the site away from most residential areas. All required public facilities are available or can be made available to serve this development as proposed. All applicable standards of the zoning HEARINGS OFFICER CUP 94-0003 VAR 94-0002 • CELLULAR ONE PAGE 3 district are met by this proposal as reviewed within this staff report with the exception of the requested buffer standard variance, The use complies with the site development standards as provided by the applicable site development standards set forth within the Development Code as reviewed within this report. The use is defined as a Minor impact Utility due to the type of proposed facility. The locational criteria for a Minor Impact Utility is that the site have access to a minor collector street, SW Pfaffle which exceeds the local collector street minimum requirement: Traffic will not be routed through local streets to access this facility. The antenna facility is not expected to generate light or noise impacts due to it being an unstaffed antenna site. Site development will not generate large scale construction impacts due to the type of improvements which are planned. The site will also not require g area due to the type of proposed facility. Privacy of a large parkin,. , d because the applicant has neighboring residential areas is maintained pp blended the antenna site into neigl boring areas by the use of shrubs and trees to screen the entire site and by painting the antenna pole a neutral sky y color. Condition of Approval #9 requires that the antenna be painted a neutral sky color. Due to the sites's configuration and the location of proposed access driveway the applicant has proposed to replace the trees on site with site improvements which includes landscape buffering. No other unique natural features have been noted on this site: The property is level and ,g .. grading i p the site as requires no s� nificant radin or engineering to develop proposed. situated roposed� The property is less than one third of an acre and sit in such a manner topographically to provide improved cellular phone service for much of the 217 Freeway corridor. Due to its irregular configuration and size the applicant has not proposed to develop a site larger than needed for the proposed use to maximize energy efficiency and convenience. 3, Section 18.64 specifies that the minimum landscaping requirement shall be 15 percent. Fifteen percent of this site is 1,372 square feet, Approximately 1,333 square feet is planned to be landscaped. Areas outside the propoerty along SW Hall Boulevard are shown as landscaped through this plan but cannot be considered as part of the total required landscaping because these areas are within the 217 Freeway right- of-way, Condition of H EAEIN'CS OFFICER CUP 94 -0003 - VAR 94 -0002 CELLULAR ONE PAGE Approval #9 requires that the site plan be revised to provide a minimum of 15 percent of the site with landscaping or provide additional information to demonstrate the percentage of landscaping proposed for the site. 4. Section 18.100 requires that all developments fronting on a public street or private driveway more than 100 feet in length shall be required to plant street trees in accordance with Section 18.100.035. The minimum required spacing is 20 feet with a maximum spacing of 40 feet depending on the size of the tree. The applicant provided four Red Maple Trees spaced at 30 feet on center along SW Pfaf ie which complies with the requirement due to their height at maturity. 5. Section 18.102 (Visual Clearance) requires that a visual clearance area be maintained along the intersections of all public and private right -of -ways. Condition of Approval #9 requires that the landscape plan be modified at the proposed driveway onto the site to revise landscaping and fencing materials within the visual clearance area as defined under Section 18.102050. A. Section 18.106 (Parking) does not specify a parking ratio for this type of use because the proposed building structure is a 336 square foot equipment storage building and the site is to be unstaffed. Section 18.106 (Bicycle Facilities) requires one bicycle parking space is for each 15 required automobile parking spaces. Because the site is not intended for commercial, industrial or multiple - family use and is intended to be an unstaffed utility facility this requirement has not been required 8. Section 18.108 requires that a pedestrian walkway extend from the ground floor entrances from commercial and industrial development to the streets which provides the required pedestrian access and egress. Because the site is an unstaffed utility facility this standard has not been applied to this proposal. 9. Section 18.108.080 (Access and Circulation Minimum Requirements) states that for commercial and industrial development, the minimum access width shall be 30 feet with curbs and 24 feet of pavement width. Because the proposal is not planned to be continually staffed and the building on HEARINGS OFFICER - CUP 94.0003 - VAR 94 -0002 CELLULAR ONE PAGE 5 site is a 336 square foot storage faciflty a residential type driveway with 15 feet of access width has been proposed in compliance with the Development Code requirements. 10. The Americans with Disabilities Act (ADA). Became effective on January 26, 1992. The act requires one disabled person parking space if one (1) to twenty-five (25) parking spaces are provided. The Building Department will review the site for ADA compliance through the building permit plan check review. 11. Chapter 18.114 states that one freestanding sign up to 32 square feet per face may be permitted in the Commercial-Professional zone. Wall signs are limited to five (5) percent of the size of the wa which the sign is to be mounted on. Sign permits must be obtained prior to the installation of any sign on the premises. 12. Chapter 18.150 requires a permit and contains standards for removal of trees having a trunk of six inches or more in diameter measured four feet above the ground on undeveloped residential land. A permit for tree removal must comply with the following criteria as specified in Chapter 18.150.030(A): a. The trees are diseased, present a danger to property, or interfere with utility service or traffic safety; The trees have to be removed to construct proposed improvements or to otherwise utilize the applicant's property in a reasonable manner; c. The trees are not needed to prevent erosion, instability, or drainage problems; d. The trees are not needed to protect nearby trees as windbreaks or as a desirable balance between shade and open space; e. The aesthetic character in the area will not be visually adversely affected by the tree removal; and HEARINGS 'OFFICER • CUP 94-0003 - VAR 94.0002 - CELLULAR ONE PAGE 6. U v ' +1, • " • to f. New vegetation planted by the applicant, if any, will replace the aesthetic value of trees to be cut. The applicant has provided a forestry service investigation of the condition of a mature fir tree immediately off-site within the 217 Freeway right-of- way. The report states that the tree is structurally damaged and should be removed due to its potential to fall. The applicant intends to remove trees as necessary to construct improvements on site. Condition of Approval #4 states that the applicant shall obtain a tree removal permit prior to removal of trees for this purpose. 13. Chapter 18.164 contains standards for streets and utilities, a. Section 18.164.030(A) requires streets within and adjoining a development to be dedicated and improved based on the classification of the street. b. Section 18.164.030(E) requires a Minor Collector street to have a minimum 60 feet of right-of-way, a 40 feet minimum roadway width, and 2-3 moving lanes. c. Section 18.164.070(A) requires sidewalks adjoining both sides of a major collector streets. d. Section 18.164.090 requires sanitary sewer service. e. Section 18.164.100 requires adequate provisions for storm water runoff and dedication of easements for storm drainage facilities. The Engineering Department has reviewed the street and public utility needs for the area and have recommended conditions of approval in accordance with the standards set forth in the Community Development Code. on Community Development Code Section 18.134.050 allows the Director to approve, or approve with conditions, a request for a variance based on the a,. following findings: .4 to 1. The proposed variance will no be materially detrimental to the purposes of this title, to be in conflict with the policies of the comprehensive plan, HEARINGS. OFFICER • CLIP 94-0003 VAR 94-0002 - CELLULAR ONE PAGE I to any other applicable policies and standards, and to other properties in the same zoning ditrict or vicinity; 2. There are special circumstances that exist which are peculiar to the lot size or shape, topography or other circumstances over which the applicant has no control, and which are not applicable to other properties in the same zoning district; 3. The use proposed will be the same as permitted under this title and City standards will be maintained to the greatest extent that is reasonably possible while permitting some economic use of the land; 4, Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic land forms, or parks will not be adversely affected any more than would occur if the development were located as specified in the title; and 5. The hardship is not self-imposed and the variance requested is the minimum variance which would alleviate the hardship. The proposed variance will not be materially detrimental to the applicable policies of this title due to the landscaping which has been provided along the property line, The variance will allow a small, irregularly shaped lot to be safely and efficiently developed by allowing site access to take place at the furthest point from the intersection of SW Hall Boulevard and SW Pfaffle. There are special circumstances due to the higher rate of speed of vehicles taking a left turn from arterial street SW Hall Boulevard onto SW Pfaffle. The proposed use and design of the site improvements will cornply with the Development Code to the greatest extent possible, Because the site is designed to be an unstaffed antenna facility impacts nuisances associated with differing land use types are not expected as a result of this variance to the buffer standards. The variance will allow economic use of the property, No other off-site impacts are expected due to this variance from the standard. The hardship is not self-imposed due to the irregular shaped parcel which resulted in part due to the alignment of 217 Freeway and is the minimum variance necessary to alleviate the hardship and -1-td provide the safest point of access to the site HEARINGS OFFICER. CUP 9400003 VAR 94-0002 CELLULAR ONE PAGE 8 • Citi __Inpu: Policy 11.1 provides the City will assure that citizens will be provided an opportunity to participate in all phases of the planning and development review process. The applicant has provided two neighborhood meetings concerning this proposal. Notice has also been given to affected property owners of the Hearing's Officer Public Hearing of this request. water Quality 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. The applicant has t 4. requested water service to the site. ublie Utility: Policies 7.1.2, 7.3.1 and 7.4.4 provides 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 placed underground. Utility providers have not objected to providing utility service to the site. reet improvements: Policy 8.1.1 provides that the City will plan for a safe and efficient street and roadway system that meets current needs and anticipated future growth and development. The Development Code requires street improvements for the property frontage along SW Pfaffle Street. S,t.eet Improvements, Policy 8.1.3 states that the City will require the following as a condition of approval: Development abut a dedicated street or have other adequate access; b. Street right -of -way shall be dedicated where the street is substandard in width; c. The developer shall commit to construction of the streets, curbs, and sidewalks to City standards within the development. 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. HEARINGS OFFICER CUP 94 -0003 - VAR 94 -0002 - CELLULAR ONE PAGE 9 IV. OTHER STAFF COMMENTS The City of Tigard Engineering Department has reviewed the proposal and offers the following comments: Findings: 1. STREETS: The site currently utilizes access from SW Pfaffle Street with two driveways. These driveways would be removed with the new site development proposed, and a new driveway constructed at the easterly end of the property. SW Pfaffle Street is a Minor Collector and SW Hall Boulevard is an Arterial as shown on the City Comprehensive Plan. SW Pfaffle street was widened on the north side of the street in 1990 as a City Capital Improvement Project. The street construction along the subject property was not included, but should be completed as a part of the proposed development. The applicant should be required to install the City standard half street improvements along the site frontage. In addition, a street dedication to 30 feet from centerline is required to comply with the Minor Collector street standards. SW Hall Boulevard is a State highway and has been improved to City standards with the construction of the bridge overcrossing of Highway 217, adjacent to the site. No further street dedications or improvements are required for SW Hall Boulevard. Overhead wiring is located along the south side of SW Pfaffle Street and the applicant should be required to place these facilities underground or pay the fee in-lieu of undergrounding. The street lighting constructed as a part of the above referenced project, is adequate and no further street lighting construction is required. 2. SANITARY SEWER: The site is currently connected to the 8 inch public sanitary sewer line located in SW Pfaffle Street. The main line has sufficient capacity for the proposed new development, HEARINGS OFFICER CUP 94-0003 - VAR 944002 CELLULAR ONt PAGE 10 ^ At: -1t." "" 4,4,4 .• • ' 3. STORM SEWER: The site currently drains to the existing ditch in SW Pfaffle Street that flows to a cross culvert located approximately 70 feet to the east. With the recommended street construction, the site and street drainage would conned to this existing system. The applicant should verify that the additional runoff does not significantly affect the downstream system. 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. Section 7.10b of the above noted Resolution and Order cites conditions under which the fee in -lieu may be accepted. Specifically, it provides, that if, "The site is small compared to the development plan, and the loss of area for the on -site facility would preclude the effective development. ", the fee may apply. It is our opinion that this site is consistent with this criteria, and we recommend that a fee in -lieu be required. V. CIT & AGENCY COMMENTS The facilitator for the East Citizen Involvement Team was notified of the proposed subdivision. The Involvement Team has not provided any comments or objections to this development. In addition, applicant conducted two neighborhood meetings, 2, Citizens Participation Organization 4 -M states that they have concerns related to the high frequency, low powered continuous wave transmissions generated by the facility. They also expressed concerns related to the loss of large trees on the site which screen the neighborhood from traffic Noise generated from Freeway 217. The group also felt that the 100 foot tower would not be be compatible visually with the existing neig hborhood. The applicant presented evidence concerning heat._.. impacts of cellular phone systems. The research conducted on cellular phone systems indicated that such facilities are safe and that there is no scientific basis for health concerns related to this type of facility. The applicant will replace existing trees with landscpe buffering The removal of trees on site is not expected to significantly increase ambient noise level within adjoining residential areas, The applicant has proposed to maintain several mature trees in place and to provide trees and shrubs around the entire site towards the 217 Freeway to buffer the neighborhood from noise impacts from the 217 HEARINGS OFFICER - CUP 94-0003 VAR 94 -0002 - CELL.. .,. UIbA►k ONE PAGE � I " Freeway. The applicant proposes to paint the antenna pole a neutral sky color to minimumize its visual impact. 3, The Department of Transportation reviewed this proposal and stated that.site storm drainage which would impact ODOT right-of-way shall be 'approved by ODOT District 2A. 4. The City of Tigard Operations Department concurred with the State Forresters oppinion on the condition of the Fir tree in the ODOT 217 right-of-way area. 5. No other comments were received by the Planning Division. B. compliance withSsmprehendyg Plan Po.licies: This proposed Conditional Use complies with additional applicable Comprehensive Plan Policies as follows: .,c1J2,:en..kti_l Lit: The conditional use is consistent with' Policy 2,141 because notice of the application and the public hearing on this item was provided to the East Citizen Involvement Team, and to owners of property within 250 feet of the site. Water Quality: The proposal complies with Policy 4.2.1, because 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. • The Engineering Department has recommended that due to the site's size that the applicant pay a fee in-lieu of construction. Public Utilities.: Policies 7.1.2, 7.3.1 and 7.4.4 are satisfied because the site currently has an eight inch public sanitary sewer lines located in the adjacent street, with sewer stubs to the property line. The main line has sufficient capacity for this development and ho additional public improvements are required. The existing underground storm sewer system has sufficient capacity to serve the site. Street Improvements: The proposal complies with Policies 8.1.1 and 8.1.3 because the site abuts a minor collector street that is largely developed and provides for both adequate and safe access to the site. In addition, the developer has been requited by the City's Engineering Department, to dedicate right-of-way to the public along the frontage on SW Pfaffle. The area is substantially HEARINGS OFFICER - CUP 94-0003 - VAR 94-0002 - CELLULAR ONE PAGE 12 ,Nt • ."' .4 • • • , '1 .4 developed, and most street improvements such as right-of-way dedication and sidewalks are existing along the north side of SW Pfaffle Street. This work was done as the result of a recent local improvement district formed by residents in the area, VI. CONCLUSION AND RECOMMENDATION The Planning Division concludes that the Conditional Use request for 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. In recognition of the findings staff recommends APPROVAL of Conditional Use Permit CUP 94-0003 and Variance VAR 94-0002 subject to the conditions which follow. ALL CONDITIONS SHALL BE SATISFIED AND PUBLIC IMPROVEMENTS SHALL BE COMPLETED OR COMPLETION SHALL BE FINANCIALLY ASSURED PRIOR TO THE ISSUANCE OF BUIL21lig_LERMITS. UNLESS OTHERWISE NOTED, THE STAFF CONTACT OR ALL CONDITIONS SHALL BE ICHAEIMSON IN THE ENGINEE, DEPARTMENT, 639-4171. RecormtajiqOE , 1 Standard half-street improvements, including concrete sidewalk, driveway apron, curb, asphaltic concrete pavement, and storm drainage shall be installed along the SW Pfaffle Street frontage, improvements shall be designed and constructed to one-half street standards and shall conform to the alignment of existing adjacent improvements or to an alignment approved by the Engineering Department. STAFF CONTACT: John Hagman, Engineering Department (6394171). 2. Additional right-of-way shall be dedicated to the Public along the SW Pfaffle Street frontage to increase the right-of-way to 30 feet from the centerline. The description 5hall be tied to the existing right-of-way centerline. The dedication document shall be on City forms, Instructions are available at the Public Counter or from the Engineering Department. STAFF CONTACT: Diane Jelderks, Engineering Department (639-4171), 3. Three (3) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department, HEARINGS OFFICER - CUP 94-0003 VAR 94-0002 CELLULAR ONE PAGt 13 • • • .7,4 ..:e , • Seven (7) sets of approved drawings and one (1) itemized construction cost estimate, all prepared by a Professional Engineer, shall be submitted for final review and approval (NOTE: these plans a'e in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. STAFF CONTACT: John Hagman, Engineering Department (639- 4171). 4, Building permits will not be issued and construction of proposed public improvements shall not commence until after the Engineering Department has reviewed and approved the public improvement Plans and a street opening permit or construction compliance agreement has been executed. A 100 percent performance assurance or letter of commitment, a developer-engineer agreement, the payment of a permit fee and a sign installation fee are required, STAFF CONTACT: John Hagman, Engineering Department (639-4171). 5, The applicant shall demonstrate that storm drainage runoff can be discharged into the existing drainageways without significantly impacting properties downstream, STAFF CONTACT: Greg Berry, Engineering Department (639-4171). 6, The applicant shall make an appointment for a pre-construction meeting with the City of Tigard Engineering Department after oproval of the public improvement plans but before starting work on the site The applicant, the applicant's engineer and contractor shall be required to attend this meeting .pric-a to receiving the approved plans and permits, STAFF CONTACT: Michael Anderson, Engineering Department (639-4171) 7, The applicant shall pay the fees as establisEed under the guidelines of Unified Sewerage Agency Resolution and Order No 9147, NOTE: This is a two part fee • which is paid at different times. The first part is paid with any associated public improvements which is for that portion of the development which increases the impervious area within the public right-of-way. The second part is paid at Building Permit issuance which is for each individual lot, STAFF CONTACT: Michael Anderson, Engineering Department (6394171) 8. The applicant shall place the overhead facilities underground along the site frontage of SW Pfaffle Street or pay the fee in-lieu of undergrounding, STAFF CONTACT: Michael Anderson, Engineering Department (639-4171) HEARINGS OFFICER - CUP 94-0003 - VAR 94-0002 - CELLULA9 ONE PAGE 14 ato V1' 4 • ' " 4•:3111 t , . *. t. • . • * • ::,•• • • .4! . 40 9. The applicant shall submit a revised site and landscape plans that shows provision for the following: STAFF CONTACT: Mark Roberts, Planning Division (639- 4171). a. The applicant shall provide evidence that the site has a minimum off fifteen (15) percent landscape coverage. b. The applicant shall amend the site and landscape plan to comply with clear vision requirements for the proposed driveway access to the site. C. The applicant shall paint the antenna pole a neutral sky color. ADpITIQUEA 7MLSysma_131_,AWARE OF TkigFSIDAWIllaS2E THE COMMT,INIXLMTH/S IS NOT ALMagalLELIE_T 1. SECTION 18.160.160 Bond A. As required by Section 16,160.170, the subdivider shall file with the agreement an assurance of performance supported by one of the following: 1. An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; 2. A surety bond executed by a surety company authorized to transact business in the Statc of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated; or 3, Cash, B. The subdivider shall furnish to the City 8ngineer an itemized improvement estimate, certified by a registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance. C. The subdivider shall not cause termination of no allow expiration of said guarantee Without haVing first secured Written authorization from the City, 2. SECTION 18.164 STREET AND UTILITY IMPROVEMENT STANDARDS, Section 18,164.180 Notice to City Required HEARINGS OFFICER - CUP 94-0003 - VAR 94-0002 CELLULAR, ONE PAGE 15 I A Work shall not begin until the City has been notified in advance. If work is discontinued for any reason, it shall not be resumed until the City is notified. CONDITIONAL USE APPROVAL SHALL BE VALID FOR EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF THIS DECIS/ON. 4. Prepared By: Mark Roberts Assistant Planner Approved By: Dick Bewersdorff Senior Planner HEARINGS OFFICER - CUP 94-0003 - VAR 94-0002 CELLULAR OA PAGE 16 4 ' , • ., - 7 • ".• +4 " '4 " • PLOT PLAN 1 EXHIBIT MAP CASE NO commoNAL us t PERMIT # 4 0003 VARIANCE #94,-0002 JOHN SPENCER 3533 NE 24TH PORTLAND ► OR 97212 DON GRAHAM 11260 SW HALL BLVD TIGARD, OR 97223 CELLULAR ONE 1600 SW FOURTH AVENUE PORTLAND, OR 97201 D. SCHAEFFER M. MUNCH 14520 SW BULL MOUNTAIN ROAD TIGI R , OR 97224 AGENDA ITEM 2./ BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by Cellular One to construct a 100 foot antenna tower and a 336 square foot equipment shed. STAFF REPORT CUP 94-0003 VAR 94-0002 I. SUMMARY OF THE REQUEST CASE Conditional Use Permit CUP 94-000.3 Variance VAR 94-0002 SUMMARY: The applicant requests Conditional Use approval to allow a 100 foot cellular tower to improve cellular phone service along the 217 Highway corridor. The applicant also requests a Variance to the side yard buffer requirement to allow construction of a driveway onto the property, APPLICANT: Cellular One OWNERS: Don Schaeffer 1600 SW 4th Avenue Michael Munch Portland, OR 97201 14520 SW Bull Mountain Rd, Tigard, OR 97224 COMPREHENSIVE PLAN DESIGNATION: C-P (Professional Commercial) ZONING DESIGNATION: C-P (Professional Commercial) LOCATION: The southeast corner of SW Hall and SW ['raffle (WCTM 1S1 350A, Tax Lot 1100) APPLICABLE LAW: Community Development Code Chapters 18.64, 18,100, 18,102, 18,106,18.108,18.114, 18,130,18.132, 18,134, 18.150, 18,164, and Comprehensive Plan Policies 2,1.1, 4,2,1, 7,1,2, 7,3,1, 7.4.4, 8.1.1, 8.1.3 and 12.4. STAPP RECOMMENDATION: Approval subject to conditions. • A . lt A II. FINDINGS ABOUT SITE AND SURROUNDINGS A. Back round Information: No other land use applications having been submitted for this site for this property. B. Site size and shape: The subject parcel contains approximately 0.12 acres. The site is triangular in shape and fairly Level. Site Localism: The site is located at the southeast corner of SW Pfaff le Street and SW Hall Boulevard and the abuts the 217 Freeway right -of -way. D. Existing uses and structures: The subject parcel is developed with a one and half story metal shop building. Several trees exist on the site and are located towards the southerly and westerly portions of the site. E Surrounding land _uses: Properties to the north are zoned R -12 (Residential) and C -G (General Commercial), and are developed with single family residences. To the south and west is the 217 Freeway, Properties to the east are zoned R -,5 and are developed with single family homes, III. APPLICABLE APPROVAL STANDARDS A. Community Development Code: 1, Chapter 1 8,64 allows communications services as a permitted use which would allow the storage building as a permitted use The Development Code defines utilities such as the proposed antenna tower as a utility which and is a conditionally permitted use within ike zone. HEARINGS °FI XCER - CUP 94 -0003 VAR 94 -0002 CELLULAR ONE PAGE 2 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 uses. 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 zoning district are met except as modified by this chapter. 5) The supplementary requirements set forth in Chapter 18.114 (Signs) and Section 18.120.180 Site Development Review are met. 6) The use will comply with the applicable !policies of the Comprehensive Plan, The use as proposed complies with all site area development standards set forth for the Commercial Professional zoning district due to the single ownership of the subject property and the two adjoining parcels. The site • is suitable for this use due to the small triangular shape of the property which limits potential commercial uses on the site. The property is physically separated from most residential areas due to the alignment of SW Pfaff le Street along the properties frontage which provide a buffer from adjoining residential uses. The applicant has also proposed to locate the antenna towards the southern portion of the site away from most residentia! areas. All required public facilities are available or can be made available to serve this development a pinposed. All applicable standards of the zoning HEARINGS .OFFICER - CUP 94-0003 VAR 94-0002 - CELLULAR ONE PAGE 3 r4: w.' district are met by this proposal as reviewed within this staff report with the exception of the requested buffer standard variance. The use complies with the site development standards as provided by the applicable site development standards set forth within the Development Code as reviewed within this report. The use is defined as a Minor Impact Utility due to the type of proposed facility, The locational criteria for a Minor Impact Utility is that the site have access to a minor collector street, SW Pfaffle which exceeds the local collector street minimum requirement. Traffic will not be routed through local streets to access this facility. The antenna facility is not expected to generate light or noise impacts due to it being an unstaffed antenna site. Site development will not generate large scale construction impacts due to the type of improvements which are planned. The site will also not require a large parking area due to the type of proposed facility. Privacy of neighboring residential areas is maintained because the applicant has blended the antenna site into neighboring areas by the use of shrubs and trees to screen the entire site and by painting the antenna pole a neutral sky color. Condition of Approval #9 requires that the antenna be painted a neutral sky color, Due to the sites`s configuration and the location of proposed access driveway the applicant has proposed to replace the trees on site with site improvements which includes landscape buffering, No other unique natural features have been noted on this site. The property is level and requires no significant grading or engineering to develop the site as proposed. The property is less than one third of an acre and situated in such a manner topographically to provide improved cellular phone service for much of the 217 Freeway corridor. Due to its irregular configuration and size the applicant has not proposed to develop a site larger than needed for the proposed use to maximize energy efficiency and conveni ence. 3. Section 1 8,64 specifies that the minimum landscaping requirement shall be 15 percent. Fifteen percent of this site is 1,372 square feet. Approximately • 1,333 square feet is planned to be landscaped. Areas outside the propoerty along SW Hall Boulevard are shown as landscaped through this plan but cannot be considered as part of the total required landscaping because these areas are within the 217 Freeway right -of -way. Condition of IIEAR.iNCS OFFICER CUP 94 -000A - VAR 94.0002 L CELLULAR ONE PACE 4 yl • • Approval #9 requires that the site plan be revised to provide a minimum of 15 percent of the site with landscaping or provide additional information to demonstrate the percentage of landscaping proposed for the site. 4. Section 18.100 requires that all developments fronting on a public street or private driveway more than 100 feet in length shall be required to plant street trees in accordance with Section 18.100.135. The minimum required spacing is 20 feet with a maximum spacing of 40 feet depending on the size of the tree. The applicant provided four Red Maple Trees spaced at 30 feet on center along SW Pfaffle which complies with the requirement due to their height at maturity. 5. Section 18.102 (Visual Clearance) requires that a visual clearance area be maintained along the intersections of all public and private right -of -ways. Condition of Approval #9 requires that the landscape plan be modified at the proposed driveway onto the site to revise landscaping and fencing materials within the visual clearance area as defined under Section 18.102.050. A. 6. Section 18.106 (Parking) does not specify, a parking ratio for this type of use because the proposed building structure is a 336 square foot equipment storage building and the site is to be unstaffed, 7. Section 18.106 (Bicycle Facilities) requires one bicycle parking space is for each 15 required automobile parking spaces, Because the site is not intended for commercial, industrial or multiple-family use and is intended to be an unstaffed utility facility this requirement has not been required. 8. Section 18.108 requires that a pedestrian walkway extend from the ground floor entrances from commercial and industrial development to the streets which provides the required pedestrian access and egress. Because the site is an unstaffed utility facility this standard has not been applied to this proposal. 9, Section 18.108.080 (Access and Circulation Minimum Requirements) states that for commercial and industrial development, the minimum access width shall be 30 feet with curbs and 24 feet of pavement width. Because the proposal is not planned to be continually staffed and the building on OFFICER - CU BEARINGS OFF'I CUP 94.4)003 W VAR 94-0802 .. CELLULAR ONE � SAGE 5 • Ay • .4 site is a 336 square foot storage facility a residential type driveway with 15 feet of access width has been proposed in compliance with the Development Code requirements. 10. The Americans with Disabilities Act (ADA). Became effective on January 26, 1992. The act requires one disabled person parking space if one (1) to twenty-five (25) parking spaces are provided. The Building Department will review the site for ADA compliance through the building permit plan check review. 11. Chapter 18.114 states that one freestanding sign up to 32 square feet per face may be permitted in the Commercial-Professional zone. Wall signs are limited to five (5) percent of the size of the wall which the sign is to be mounted on. Sign permits must be obtained prior to the installation of any sign on the premises. 12. Chapter 18.150 requires a permit and contains standards for removal of trees having a trunk of six inches or more in diameter measured four feet above the ground on undeveloped residential land. A permit for tree removal must comply with the following criteria as specified in Chapter 18.150.030(A): a. The trees are diseased, present a danger to property, or interfere with utility f)ervice or traffic safety; b. The trees have to be removed to construct proposed improvements or to otherwise utilize the applicant's property in a reasonable manner; c, The trees are not needed to prevent erosion, instability, or drainage problems; d. The trees are not needed to protect nearby trees as windbreaks or as a desirable balance between shade and open space; e. The aesthetic character in the area will not be visually adversely affected by the tree removal; and HEARINGS OFFICER. CUP 940003 - VAR 94.0002 - CELLULAR ONE PAGE 6 • • • New vegetation planted by the applicant, if any, will replace the aesthetic value of trees to be cut. The applicant has provided a forestry service investigation of the condition of a mature fir tree immediately off-site within the 217 Freeway right -of- way. The report states that the tree is structurally damaged and should be removed due to its potential to fall. The applicant intends to remove trees as necessary to construct improvements on site. Condition of Approval #4 states that the applicant shall obtain a tree removal permit prior to removal of trees for this purpose. 13. Chapter 18.164 contains standards for streets and utilities. a Section 18.164,030(A) requires streets within and adjoining a development to be dedicated and improved based on the classification of the street. b. Section 18.164.030(E) requires a Minor Collector street to have a minimum 60 feet of right -of -way, a 40 feet minimum roadway width, and 2-3 moving lanes. c. Section 18.164.070(A) requires sidewalks adjoining both sides of a major collector streets. d. Section 18.164,090 requires sanitary sewer service= Section 18.164,100 requires adequate provisions for storm water runoff and dedication of easements for storm drainage facilities. The Engineering Department has reviewed the street and public utility needs for the area and have recommended conditions of approval in accordance with the standards set forth in the Community Development Code. Community Development Code Section 18.134.050 allows the Director to approve, or approve with conditions, a request for a variance based on the following findings: 1. The proposed variance will not be materially detrimental to the purposes of this title, to be in conflict with the policies of the comprehensive plan, HEARINGS OFFICER - CUP 94 -0003 j VAR 94 -0002 .. CELLULAR ONE PAGE 7 • • .4 • • to any other applicable policies and standards, and to other properties in the same zoning ditrict or vicinity; 2. There are special circumstances that exist which are peculiar to the lot size or shape, topography or other circumstances over which the applicant has no control, and which are not applicable to other properties in the same zoning district; 3. The use proposed will be the same as permitted under this title and City standards will be maintained to the greatest extent that is reasonably possible while permitting some economic use of the land; 4. Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic land forms, or parks will not be adversely affected any more than would occur if the development were located as specified in the title; and 5. The hardship is not self-imposed and the variance requested is the minimum variance which would alleviate the hardship. The proposed variance will not be materially detrimental to the applicable policies of this title due to the landscaping which has been provided along the property line, The variance will allow a small, irregularly shaped lot to be safely and efficiently developed by allowing site access to take place at the furthest point from the intersection of SW Hall Boulevard and SW Pfaffle, There are special circumstances due to the higher rate of speed of vehicles taking a left turn from arterial street SW Hall Boulevard onto SW Pfaffle. The proposed use and design of the site improvements will comply with the Development Code to the greatest extent possible, Because th c. sit,, is designed to be an unstaffed antenna facility impacts nuisances associated with differing land use types are not expected as a result of this variance to the buffer standards. The variance will allow economic use of the property, No other off-site impacts are expected due to this variance from the standard, The hardship is not self-imposed due to the irregular shaped parcel which resulted in part due to the alignment of 21 7 Freeway and is the minimum variance necessary to alleviate the hardship and and provide the safest point of access to the site, 8. A 0 licable Com rehensive Plan Policies, HEARINGS OFFICER - CUP 94-0003 - VAR 94-0002 CELLULAR ONE PAGE 8 e Citizen Input: 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. The applicant has provided two neighborhood meetings concerning this proposal. Notice has also been given to affected property owners of the Hearing's Officer Public Hearing of this request. Water unlit : 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. The applicant has not requested water service to the site. Public Utilities: Policies 7.1.2, 7.3.1 and 7.4.4 provides 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 shat' be placed underground. Utility providers have not objected to providing utility service to the site. Improvements: Policy 8.1.1 provides that the City will plan for a safe and efficient street and roadway system that meets current needs and anticipated future growth and development. The Development Code requires street improvements for the property frontage along SW Pfaffle Street. Street improvements, Policy 8.1,3 states that the City will require the following as a condition of approval: a. Development abut a dedicated street or have other adequate access; b. Street right-of-way shall b: dedicated where the street is substandard in width; c. The developer shall commit to construction of the streets, curbs, and sidewalks to City standards within the development. 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. HEARINGS OFFICER - CUP 94.0003 - VAR 94 -0002 - CELLULAR ONE PAGE 9 • V. OTHER STAFF COMMENTS The City of Tigard Engineering Department has reviewed the proposal and offers the following comments: Findings: 1. STREETS: The site currently utilizes access from SW Pfaffle Street with two driveways, These driveways would he removed with the new site development proposed, and a new driveway constructed at the easterly end of the property. SW Pfaffle Street is a Minor Collector and SW Hall Boulevard is an Arterial as shown on the City Comprehensive Plan. SW Pfaffle street was widened on the north side of the street in 1990 as a City Capital Improvement Project. The street construction along the subject property was not included, but should be completed as a part of the proposed development. The applicant should be required to install the City standard half street improvements along the site frontage, In addition, a street dedication to 30 feet from centerline is required to comply with the Minor Collector street standards. SW Hall Boulevard is a State highway and has been improved to City standards with the construction of the bridge overcrossing of Highway 217, adjacent to the site, No further street dedications or improvements are required for SW Hall Boulevard. Overhead wiring is located along the south side of SW Pfaffle Street and the applicant should be required to place these facilities underground or pay the fee in-lieu of undergrounding. The street lighting constructed a5 a part of the above referenced project, is adequate and no further street lighting construction is required. 24 SANITARY SEWER: The site is currently connected to the 8 inch public sanitary sewer line located in • SW Pfaffle Street. The main line has sufficient capacity for the proposed new development. HEARINGS OFFICER - CUP 94-0003 - VAR 94-0002 - CELLULAR ONE PAGE 10 3. STORM SEWER: The site currently drains to the existing ditch in SW Pfaffle Street that flows to a cross culvert located approximately 70 feet to the east. With the recommended street construction, the site and street drainage would connect to this existing system. The applicant should verify that the additional runoff does not significantly affect the downstream system. 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. Section 7.10b of the above noted Resolution and Order cites conditions under which the fee in -lieu may be accepted. Specifically, it provides, that if, 'The site is small compared to the development plan, and the loss of area for the on -site facility would preclude the effective development. ", the fee may apply. It is our opinion that thisi site is consistent with this criteria, and we recommend that a fee in -lieu be required. V. CIT & AGENCY COMMENTS The facilitator for the East Citizen Involvement Team was notified of the proposed subdivision. The Involvement Team has not provided any comments or objections to this development. In addition, applicant conducted two neighborhood meetings. 2. Citizens Participation Organization 4 -M states that they have concerns related to the high frequency, low powered continuous wave transmissions generated by the facility. They also expressed concerns related to the loss of large trees on the site which screen the neighborhood from traffic noise generated from Freeway 217. The group also felt that the 100 foot tower would not be be compatible visually with the existing neighborhood. The applicant presented evidence concerning health impacts of cellular phone systems. The research conducted on cellular phone systems indicated that such facilities are safe and that there is no scientific basis for health concerns related to this type of facility. The applicant will replace existing trees with landscpe buffering The removal of trees on site is not expected to significantly increase ambient noise level within adjoining residential areas. The applicant has proposed to maintain several mature trees in place and to provide trees and shrubs around the entire site towards the 217 Freeway to buffer the neighborhood from noise impacts from the 217 HEARINGS OFFICER - Cu? 94 -0003 - VAR t 94 -0002 y CELLULAR ONE PAGE 11 Freeway. The applicant proposes to paint the antenna pole a neutral sky color to minimumize its visual impact. 3. The Department of Transportation reviewed this proposal and stated that site storm drainage which would impact ODOT :ight-of -way shall be approved by ODOT District 2A. 4. The City of Tigard Operations Department concurred with the State Forresters oppinion on the condition of the Fir tree in the ODOT 217 right -of -way area. 5. No other comments were received by the Planning Division. B. Compliance with Com ehensive Plan Policies: This proposed Conditional Use complies with additional applicable Comprehensive Plan Policies as follows: Citizen Input: The conditional use is consistent with Policy 2.1.1 because notice of the application and the public hearing on this item was provided to the East Citizen Involvement Team, and to owners of property within 250 feet of the site, Water Quality: The proposal complies with Policy 4.2.1, because 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. The Engineering Department has recommended that due to the site's size that the applicant pay a fee in -lieu of construction. Public Utilities: Policies 7.1 ,2, 7.3.1 and 7, 1.4 are satisfied because the site currently has an eight inch public sanitary sewer lines located in the adjacent street, with sewer stubs to the property line. The main line has sufficient capacity for this development and no additional public improvements are required. The existing underground storm sewer system has sufficient capacity to serve the site. Street Improvements: The proposal complies with Policies 8.1.1 and 8.1 .3 because the site abuts a minor collector street that is largely developed and provides for both adequate and safe access to the site, In addition, the developer has been required by the City's Engineering Department, to dedicate right -of -way to the public along the frontage on SW Pfafflei The area is substantially HEARINGS OFFICER - CUP 94 -0003 - VAR 94 -000 = CELLULAR ONE PAGE 12 • o," , • '.,‘ • ” • (41 • developed, and most street improvements such as right-of-way dedication and sidewalks are existing along the north side of SW Pfaffle Street This work was done as the result of a recent local improvement district formed by residents in the area VI. CONCLUSION AND RECOMMENDATION The Planning Division concludes that the Conditional Use request for 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. In recognition of the findings staff recommends APPROVAL of Conditional Use Permit • CUP 94-0003 and Variance VAR 94-0002 subject to the conditions which follow. ALL CONDITIONS SHALL BE SATISFIED AND PUBLIC IMPROVEMENTS. SHALL BE COMPLETED OR COMPLETION SHALL BE FINANCIALLY, ASSURED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. UNLESS OTHERWISE NOTED, THE STAFF CONTACT FOR ALL CONDITIONS SHALL BE MICHA!L ANDERSON, IN THE ENGINEERING DEPARTMENT, 639-4171. Recommendations: 1. Standard half-street improvements, including concrete sidewalk, driveway apron, curb, asphaltic concrete pavement, and storm drainage shall be installed along the SW Pfaffle Street frontage. Improvements shall be designed and constructed to one-half street standards and shall conform to the alignment of existing adjacent improvements or to an alignment approved by the Engineering Department. STAFF CONTACT: John Hagman, Engineering Department (639-4171), 2. Additional right-of-way shall be dedicated to the Public along the SW Pfaffle Street 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 at the Public Counter or from the Engineering Department, STAFF CONTACT: Diane jelderks, Engineering Department (639-4171). 3. Three (3) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. HEARINGS OFFICER - CUP 94-0003 VAR 94.0002 - .CELLULAR ONE PAGE 13 11, • • Li .0: A 4 Seven (7) sets of approved drawings and one (1) itemized construction cost estimate, all prepared by a Professional Engineer, shall be submitted for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. STAFF CONTACT: John Hagman, Engineering Department (639- 4171). 4. Building permits will not be issued and construction of proposed public improvements shall not commence until after the Engineering Department has g g reviewed and approved the public improvement plans and a street opening permit or construction compliance agreement has been executed. A 100 percent performance assurance or letter of commi \ment, a developer - engineer agreement, the payment of a permit fee and a sign installation fee are required. STAFF CONTACT: John Hagman, Engineering Department (639 - 4171). 5. The applicant shall demonstrate that storm drainage runoff can be discharged into the existing drainageways without significantly impacting properties downstream. STAFF CONTACT: Greg Berry, Engineering Department (6394171). 6. The applicant shall make an appointment for a pre- construction meeting with the City of Tigard Engineering Department after approval of the public improvement plans but before starting work on the site. The applicant, the applicant's engineer and contractor shall be required to attend this meeting prior to receiving the approved plans and permits. STAFF CONTACT: Michael Anderson, Engineering . Department (639 -4171) 7. The applicant shall pay the fees as established under the guidelines of Unified Sewerage Agency Resolution and Order No. 91.4 7. NOTE: This is a two part fee which is paid at different times. The first part is paid with any associated public improvements which is for that portion of the development which increases the impervious area within the public right -of -way. The second part is paid at Building Permit issuance which is for each individual lot. STAFF CONTACT: Michael Anderson, Engineering Department (639 -4171) The applicant shall place the overhead facilities underground along the site frontage of SW Pfaffie Street or pay the fee in -lieu of undergrounding. STAFF CONTACT: Michael Anderson, Engineering Department (639 -4171) HEARINGS OFFICER CUP 94 -0003 VAR 94 -0002 - CELLULAR ONE PAGIa a 9. The applicant shall submit a revised site and landscape plans that shows provision for the following: STAFF CONTACT: Mark Roberts, Planning Division (639- 4171). a. The applicant shall provide evidence that the site has a minimum off fifteen (15) percent landscape coverage. b. The applicant shall amend the site and landscape plan to comply with clear vision requirements for the proposed driveway access to the site. c, The applicant shall paint the antenna pole a neutral sky color. /N ADDITION THE APPLICANT SHOULD BE AWARE OF THE FOLLOWINq_aEgapNs OF THE COMMUNITY DEVELOPMENT CODE. THIS IS NOT AN EXCLUSIVE LIST 1. SECTION 18.160.180 Bond A. As required by Section 18.160.170, the subdivider shall file with the agreement an assurance of performance supported by one of the following 1. An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; 2. A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated; or 3. Cash, B. The subdivider shall furnish to the City Engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance. C. The subdivider shall not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the City. 2. SECTION 18.164 STREET AND UTILITY IMPROVEMENT STANDARDS. Section 18.164.180 Notice to City Required HEARINGS OFFICER a CUP 94,0003 VAR 94-0002 - CELLULAR ONE PAGE it5 • Work shall not begin until the City has been notified in advance. If work is discOntinued for any reason, it shall not be resumed vatil the City is notified. CONDITIONAL USE APPROVAL SHALL BE VALID VOR EIGHTEEN MONTHS OF THE EFFECTIVE DATE ()V Trz,a rusioN. Prepared By Mark '47.oberts Date Assistant Planner Approved By Zal MARINGS OFFICER. - CUP 94-000 VAR 94-0W2 CELLULAR ONE PAGE 16 4,44 4 4 • 4 • 2 ' PFAFFLE CASE.. NO .coNDITIoNAL USE PERIllir #94-0003 IlatTANct #94" 0002 CASE NO. CONDITIONAL USE PERMIT #04 0 . , "�O0S VARIANCE #9a -»0002 /Ip7 .4". 1 1 14)44°~ 1466\ras- . S A JbA <04/aiesce‘5 h I Uaraler4 De61 S )1 ate -7491 ° b` 2 I, A 4-rinikez € eiC) /e.. 1Z 42.444".4.2 aoktfl tit-,6061/ co/op-4' a 0-14di ir,dee,.. e4.471,6)._‹- loa b te 1,17..?4,2e)(1,0/ ea/oetc) .5)ki-e (Al acyi, ki Tdc, J4 eel 4-eco, 'cwt y .eaviiee, . 5-:ec 0'2- A4.61 4. /4 see eiv,tu4,41 00,444 1,1 (zed) Li aP a wt.-est/et. .5b1.(2 40---44410,44 e o (2-- 1 a 144154ct JO 14 111.. z ) ",•.5 W )164 II tio *11 1j/ iL4 0 0.4 t4"r ) )4'd Ilt) vektAlf-et. vey .•-**„ mi./it. ,,t / 1,1 cot5 '10 CA_ r /(1,111, +4,0 546ilt, CO P. J I it Vi (Z.k. 4111/k. /4 do) if, kit is e. 4 e L yam., S ft ca Mi PLACE UNDER CITY OF TIGARD LOGO The following will be Considered by the Tigard Hearings Officer3 n Monday, June, 3 1993 xt 7 Ott _. PM at Tigard rd Civic + written testimony is invited. The public hearing on this matter be conducted in accordance with the The pub 9 + rules of Chapter 18.32 of the Tigard Municcipalisode ,3.aand derrules oand dyprocedures of the Failure to rais pe frnm r b Community precltixdesaannappeal�cand failure to apecigwh�.cl� arcomment is directed Development Code or Comprehensive Plan at Further information idi may be precludes an appeal based on that criterion. obtained from the Planning Division at 13125 SW Hall Blvd,, Tigard, Or 97223, or by calling 639 -4171. PUBLIC HEARINGS CONDITIONAL USE CUP 94- 0003 VARIANCE VAR 94 -0002e CELLeL NCTM ONE 1SOC A Tl fi: Southwest corner of SW Hall Boulevard and SW , tax lot 1100). The applicant requests approval for the following development applications. 1) Conditional l of a ow the construction of Conditional Use approval to allow foot wood pole tower and cellular communications facility royal to the buffer area a 336 square foot equipment shelter, 2) Variance app width requirement from 20 feet to 15 feet to allow the construction of a 10 foot wide access drive. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters and Sections 18.64.040, 18.100,035, 18.100.080, 18.100.030, 18.102, 18.108, 18 109 080, 18.114 6130 (D) , Comprehensive 8.13.040, i8.1a0 050 (18) 0« 050 040, 18 134.050, 18.150, and 18.1641 Policies 2.1.1, 14.132. 4.2.1, 7.1..2, 7.3.1., 74 .4, 8.1.1, and $ .1., 3 ZONE: C-P (Professional Commercial) The C -P zone allows public agency and administrative services, p p Y facilities, business equipment sales and services, business public s�i posit facilita. support cerviees, financial, insurance, and real estate services, and utilities among other uses. TT PUBLISH • '" •• • Z. • 4*, CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER - BY HEARINGS OFFICER 1. Concerning Case Number(s): CUP 94-0003 VAR 94-0002 2. Name of Owner: D. Schaeffer and M. Munch Name of Applicant: Cellular One 3. Address 1600 SW 4th Avenue City Portland State OR Zip 97201 4. Address of Property: Southwest corner of SW Hall Boulevrd and SW Pfaffle Street Tax Map and Lot No(s).: 151 35DA tax lot 1100 5. Request: The applicant requests approval for the following development applications: 1) Conditional Use approval to allow the construction of a cellular communications facility consisting of a 100 foot wood pole tower and a 336 square foot equipment shelter; 2) Variance approval to the buffer erea width requirement from 20 feet to 15 feet to allow the construction of a 10 foot wide access drive. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters and Sections 18.64.040, 18.100,035, 18.100.080, 18.100.030, 18.102, 18.106, 18.108.080, 18.114.130 (D), 18.130.040, 18.130.050 (18), 18.132.040, 18.134.050, 18.150, ard 188164; Comprehensive Plan Policies 2.1.1, 4.2.1, 7.1.2, 7.3.1, 7.4.4, 8.1.1, and 8.1.3. Zone: 1.-.4) (Professional Commercial) The C-P zone allows public • agency and administrative services, public support facilities, business equipment sales and services, business support services, financial, insurance, and real estate services, and Utilities among other uses. 6. Action: Approval as requested 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) Owners of record within the required distance The affected Citizen Involvement Team Facilitator Affected governmental agencies 8. Final Decision: THE DECISION SHALL BE FINAL ON UNLESS AN APPEAL IS PILED. The adopted findings of fact, decision0 and statement of conditions can be obtaine,211from the Planning Department, Tigard City Hall, 13125 SW Hall, P.O. Box 233570 Tigard, Oregon 97223. 9. Appeal: An/ party to the decision 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 arpeal i� 3:30 p.m. 10. at2iLi.calgi If you have any -0.7.ations, please call the City of Tigard Planning Department, 639-41— t , 4 GYP .r •� a. . ■ 4 4 APPLICATION for CONDITIONAL USE and SITE DEVELOPMENT REVIEW CELLULAR ONE FACILITY SW Pfaffle Street and SW Hall Boulevard, Tigard March 9, 1994 INTRODUCTION and APPROVALS REQUESTED Cellular One wishes to construct a "Cell sae" near the intersection of SW Pfaffle Street and SW Hall Boulevard and in Tigard. A preaapplication conference was held on November 9, 1993, Notes from this meeting are attached. An information meeting on the proposal was held on February 1, 1994 with notification of surrounding property owners, Information from this meeting and the notification list is also attached. This application requests approval for a conditional use and site development review at the subject site. In addition, the application includes a variance request to modify the depth of buffer/screening required along the eastern side of the site, and an approval by the City to allow an accessway to be constructed within the buffer area A summary of the proposal follows: Pfaffie St Cell Site Location: Triangular site at southeast corner of SW Hall and Pfaffle Street, in the immediate vicinity of the 99W/Hwy 217 interchange. Tax lot 1100, Map 18 1 35DA, Description: Full cell site is needed: 100 foot wood pole tower and antenna, and 12' X 28' equipment shelter, An existing structure would be removed. The site would be surrounded by a security fence, Zoning: C-P (Professional/Administrative Office). Utilities permitted as a conditional use. Maximum building height 45 feet. The Cell One tower will be exempt from the height limitations of the underlying zone. The applicabb language is: 18 98,010 A,' Projections such as chimneys, spires, domes, elevator shaft housings., toWers excluding. TV dish receivers, aerials, flagpole and other similar objects' not used for human occtopancy, are not subject to the building height limitations ofthis title. There is a 15% site landscape requirement. Applicant Cellular One 1600 SW 4th Avenue Portland, OR 97201 Ed Menteer, Real Estate Manager 248,7478 Cellular one Application (3N/94) Agent Spencer & Kupper 3533 NE 24th Avenue Portland, OR 97212 John C. Spencer, Principal 282-9853 • Pap 1 DESCRIPTION OF PROPOSAL Existing Site Conditions The subject site is Lo 11 uO, Map 1 S 1 35DA located on the south side of SW Pfaffle Street of the intersection, with SW Hall Boulevard, The site is approximately 0.13 acre in size tand ` triangular in shape, Right-of-way for Highway 217 forms the southern (h othenuse and is parcel, See Vicinity YP side �.f this P Plan and Area Plan for site location, The Survey and Existing Site Plan show the dimensions of the parcel, and the features are essentially flat, with a very gradual increase in elevation toward the south. s There the site. approximately 3.0 feet of elevation gain from SW Pfaffle Street to the southern-most Where is the site. The site lies on a narrow flat bench: the landform slopes down o Highway corner of the highway right- of-way south of the site, 217 within A 24 feet by 36 feet metal shed is the, only structure currently located on the property. ert will be removed as part of this proposal, Two driveways from SW Pfaffle Street P Y' Tye shed provide access to the site. Both driveways will be closed and a new access drive located n eastern side of the site away from the SW Pfat`ilefFlall intersection will be constructed as near the this proposal, An existing large collection of shrubs located in the SW Pfaffle Street right-of-way, of ght- ofWway, separate two existing driveways, Additional shrubs are located west of the site in the se crate the tw Highway 217/Hall rights-of-way, and several mature fir trees are located south of the site within the highway right-of-way, There are also several deciduous trees and shrubs loca southeast corner of the site behind the existing metal shed, The and - - tad in the far paved in gravel, Y around the meta! shed is The Site Plan The proposed development plan is shown on the Site Plan drawing, No chan...es grades are proposed, The existin3 metal shed will be removed: S to existing Discussions with City staff at the pre - application meeting indicated that future right-of-way improvements along the SW Pfaffle Street frontage will be required by the City, The applicant is a lessee intending to make will not generate traffic, water or sewer modest improvements on this small site which service requirements, The value of the land and proposed improvements is significantly less than the cost to construct street improvements p impractical, p ennents along SW Pfaffle Street, malr,',ng the street improvements im ractical, The applicant pro poses that be deferred, p P at the proposed site The Site Plan shows ro P improvements osed inn rovements to the site set back . pavement along SW Ffai�ie Street and the existing northern from the existing edge of p .p y line dedications, distance tn order to accommodate future street improve ments and � 'ht of . art an adequate s on SW Pfatfle Street will be closed as ...art of the � e improvements, � the The two foot wide drivewaydrive ,.. part ide access will be constructed from SW Hanle Street . parallel to and approximately A new l0 P d approximately Cellular One Application (3/9/94) Page 2 .R, 2.5 feet west of the eastern property line, The drive provides access to a security gate located approximately 38 feet south of the existing edge of pavement, The drive will provide adequate vehicle stacking distance for maintenance vehicles accessing the site. Approximately one to two maintenance visits per month are anticipated. A 2400 sq,t, gravel yard is proposed in the southeast corner of the site, The yard b enclose-4 by a 6 foot chain link fence with wooden slats. A 16 foot gate along the western side of the yard provides the only access from the access drive, Located within the yard are two structures: a one stogy 12 foot by 28 foot tilt -up concrete equipment shelter and a 100 foot wood pole with antennas. The shelter and pole are connected by a waveguide bridge, A West Elevation of theae structures is provided with this application, The structures have been located in the far southeast corner of the site away from SW Pfaffle Street and SW Hall Boulevard, The gravel yard will provide for vehicle access to the shelter and pole, and for maintenance vehicle parking. Landscape areas are provided between the yard and SW Pfaffle Street and near the SW Pfaffle Street/ SW Hall Boulevard intersection. Are existing 36 inch Douglas fir tree ocated approximately 20 feet south of the subject percel on Highway 217 right -of -way suffers from severe decay and will be removed by the applicant as part of this project. The location of the tree is shown on the Site Plan. Attached is a letter dated January 14, 1994 from Robert S. Green, Forester for the Oregon Department of Transportation describing Mr. Green's inspection of the tree, assessment of the decay observed, and recommendation that the tree be removed, If the tree were to remain standing, it would pose a threat to both the proposed tower and to traffic using Highway 217. Landscape Concept Plan The Landscape Concept Plan is based on the objective to visually screen the gravel yard, equipment shelter and pole tower from SW Pfaffle Street, SW Hall Boulevard and from Highway 217, A massing of Pacific Waxmyrtle is proposed along the fence facing SW Pfaffle Street, providing a continuous evergreen screen reaching 5 to 6 feet in height, Red Sunset Maple street trees are also proposed along SW Pfaffle Street planted at 28 foot centers, The Red Maples and Waxunyrtle are set back from the existing SW Pfaffle Street pavement in order to allow for the future widening of SW Pfaffle Street. Groundcover consisting of Lowfast Cotoneaster will blanket the entire area between SW Pfaffle Street and the evergreen screen. A massing of Hogan Cedars is proposed along the west and south sides of the site facing SW Hall Boulevard and Highway 217, and in the southeast corner. Hogan Cedars will be planted at 10 foot centers, will grow to a height of 30-35 feet and are approximately 1245 feet wide at maturity, The cedar massing will complement the existing evergreen trees located south of the site, Cellular One is pursuing permission from ODOT to plant cedars .within the Highway 217 right-of-way. Cellular One Application (3/9/94) Page 3 The site contains no unusual soils or drainage conditions, Plating areas will be prepared with a good back fill mix. All site areas will be covered with plant materials or gravel yard and drive. No erosion problems are anticipated. MINIMUM LOT SIZE REQUIREMENT The existing site area of Lot 1100 does not meet the minimum lot size standards (6,000 sq.ft.) for the CP zone and le thus subject to criteria and standards for nonconforming situations (18.132.040). The existing site area is approximately 5,227 square feet. The Tigard Development Code provides a remedy when the adoption of development standards creates a nonconforming situation. Criteria for Nonconforming Situations (18.132.040) Subsection 18.132.040 (A)4 provides a remedy when two or more lrs are in single ownership and were made nonconforming by the adoption of the code, the lots involved are considered to be an undivided parcel for the purposes of considering lot area, width or depth. The subsection states that: 4. lf two or more lots4 or combinations of lots anti portions of lots in single ownership are of record at the effective date of this title and are made nonconforming as to lot area width, or depth by this title the lots involved shall be consdered to be a.1 undivided parcel for the purposes of this title; and a. No portion of the aggregated parcels shall be conveyed, transferred, or used in any manner which violates or creates a violation of this title; and b. No division of the parcel shall be made which creates any lot remaining with the area width or depth which does not meet the requirements of this title. This application is made by Cellular One who intends to lease Lot 1100 from Messrs. Don Schaeffer and Michael Munch, owners of Lot 1100 and Lots 1000 and 1200, Map 1S-1-35DA, All three parcels are zoned CP A copy of the assessor's map showing the lots and the ownership record for each lot is attached as is a letter dated November 2, 1993 from Messrs. Schaeffer and Munch authorizing Cellular One to make this application. A copy of the lease agreement can be made available for City review on request. Title 18 of the City of Tigard Development Code was adopted in 1989. The present owners of Lots 1000, 1100 and 1200 have owned these parcels since before that time. Of the three lots, parcel 1000 is approximately 10,900 sq.ft. in area and thus meets the minimum lot size for the CP Zone, Lot 1100 (5,227 sq.ft,) and Lot 1200 (1,750 sq.ft.) do not meet minimum lot size requirements, Taken together, these three lots under single ownership are approximately 17,600 sq.ft. in area, and meet the minimum CP Zone lot size requirement, Cellular One Application (3/9/94) Page 4 Lot 1000 is currently used as single family residential and lot 1200 is vacant, The single family dwelling located on Lot 1000 meets all development standards for the CP Zone as to lot size, width and depth. Based on the requirements of 10.132.040 (A) 4, Lots 1000, 1100 and 1200 are in single ownership and are considered an undivided parcel for the purposes of satisfying the lot area, width and depth requirements of the CP Zone. The minimum lot area requirement is 6,000 sq.ft.. The combined lot area is approximately 17,600 sq.ft. This requirement is met. The average min►mur lot width requirement is 50 feet. The average lot width of the combined lots is approximately 100 feet. This requirement is met. There is no lot depth requirement in the CP Zone. The proposed application thus meets all requirements of 18.132.040 (A) 4 and shall not be subject to the other requirements of Chapter 18.132 Nonconfo 'kning Situation3. REQUEST FOR CONDITIONAL USE APPROVAL The CP Zone permits Communication Services outright, and Utilities as a conditional use, City Staff has indicated that the proposed Cellular One facility best meets the description of utilities as contained in the Tigard Development Code, and thus this application is subject to the conditional use criteria. Following is a discussion of the criteria and how this proposal satisfies the applicable requirements, Conditional Use Criteria (18.130.040 1 The site size and dimensions provide adequate area,* the needs of the proposed use; The Site Plan shows the arrangement of uses and improvements proposed for this site, The existing site is very small for a parcel zoned CP, and any future right-of-way dedication requirement for improvements to SW Pfafile Street further reduce the site size. The triangular shape of the site also makes this site difficult for tvaditional development types similar to the commercial and office uses permitted in the CP Zone. The needs of the proposed use, however, can be met by the size and shape of this site, 2. The characteristics of the site are suitable, for the proposed use considering size, shape, location, topography and natural features; As discussed under criteria 1, the small triangular shape of the site can adequately accommodate the improvements proposed by Cellular One, The site is flat and has no signi cant natural features to be considered iri site development. The location of this site is very important to Cellular One, The Highway 217 corridor is the highest volutne trafficway in Oregon and an important regional business center, Cellular communication requirements in this corridor are the highest in Oregon, and are increasing rapidly, Cellular One currently operates "cell sites" along Highway 217 at a Cedar Hills site near Cellular One Application (3/9/94) Page 5 the US 26 interchange, the ViewMaster/Tyco site near Washington Square and at the 1 -5 interchange, The subject site is located approximately mid -point between the 1 -5 and ViewMaster sites and is needed to serve existing Cellular One customers and the expected increase in service requirements along this corridor, 3. All requimd public facilities have adequate capacity to serve the proposal; Access, telephone service and power are the only public facilities required by the proposed use. No water or sewer service will be required. All polic facilities have adequate capacity for the proposed use, 4. The applicable requirements of the zoning district are met except as modified by this chapter; The proposed Site Plan requires that a variance be approved reducing the required buffer width along the eastern property line from 20 feet to 15 feet, The applicant is also requesting that the City approve a proposed accessway within the buffer area as provided for. in Section 18,100,080 (B), If these requests are approved, all other standards will be met. 5. The supplementary requirements set forth in Chapter 18.114, Signs, and Section 18.120.180, Approval Standards, if applicable, are met; No signs are `proposed. To the applicant's knowledge, all approval standards containe d in Section 18,120,180 are met, 6. The use will comply with the applicable policies of the comprehensive plan. The proposed use is a lawful use allowed conditionally in the CP Zone. The Tir,d Comprehensive Plan provides for and encourages the cdequate provision of utilities required to serve the residents, workers and visitors of Tigard, The proposed use will meet these requirements, VARIANCE REQUEST FOR BUFFER [1 G /SCR:EENING REQUIREMENTS (18.100.080) Requirements for buifering/screening apply along the eastern side of the subject lot in order to reduce the visual impact of the proposed use from the existing single family dwelling located on the pdjacent parcel (18,100,080). The parcel containing the dwelling and the subject parcel are zoned CP and are owned by the same parties, Both the northern and southern sides of the subject parcel abut a public r1 Y -„ y interior property , i per .. ,. 18.100.080 _..... ht of wa and are not considered an �nfienor line fthe site are P p 8 () landscaping and screening along both of these sides o �. , However, extensive landsca to proposed as part of the Landscape Concept Plan, Cellular One Application (3/9/94) Page 6 The Buffer Matrix shown as Figure 1 in Section 18,100,130 indicates that for a proposed Commercial and Professional Use adjacent to an Qxisting detached single family dwelling a buffer 20 feet wide with screening is required. A variance to this standard is requested to reduce the buffer width to 15 feet. Section 18,100,080 (B) states that: A buffer area may only be occupied by utilities, screening, sidewalks and bikeways, and landscaping. No buildings, accessways, or parking areas shall be allowed in a buffer area except where an accessway has been approved by the City. The Landscape Plan indicates proposed landscaping and accessway within the buffer area along the eastern property line, The two existing driveways on SW Pfaffle Street will be closed as part of the street improvement, A new 10 foot wide access drive will be Anstructed from SW Pfaffle Street parallel to and approximately 2.5 feet west of the eastern property line, The drive provides access to a security gate located approximately 38 feet south of the existing pavement, This location of the gate and accessway achieve a number of important traffic and safety objectives. First, the curb cut on SW Pfaffle Street is located as far east of the SW Pfaffle Street/SW Hall Boulevard intersection as possible, reducing the potential vehicle conflicts between eastbound traffic from SW Hall Boulevard and maintenance vehicles exiting the site. This location will provide adequate site distances for both types of movement, Second, maintenance vehicles entering and exiting the site will not be required, to stand in SW Pfaffle Street, The access drive provide adequate vehicle stacking distance for maintenance vehicles accessing the site and will e ting the ade - . Finally, because of the triangular shape of the site, the most usable operating the security gate y, � p portions are near the eastern side, particularly as our intent is to locate all structures as far away from SW Pfaffle Street as possible. For these reasons, we request that the City approve the proposed accessway as shown on the Site Plan and Landscape Concept Plan and therefore cause the requirements of Section 13.100.080 (l) to be .net. The Landscape Concept Plan shows the landscape massing proposed for the buffer area. Along the eastern property line a 2,5 feet wide planting area will contain a dense evergreen hedge of Compact Oregon Grape, expected to gain heights of 3 -4 feet at maturity, A similar hedge is proposed along the yard fence. The fence is chain link with wooden slats. A variance to the buffer area width requirement from 20 feet to 15 feet and landscaping standards are requested, Following is a discussion of how this proposal meets the variance criteria found in Section 18,134.050, Variance Criteria (18,134.050) 1 The proposed osed variance will not be materially detrimental to the purposes of this title, be p p y �' f in conflict with the . policies o f the comprehensive p plan, to any other applicable policies J7 p f comprehensive p � y., , P and standards, and to other proper ties in the same zoning district or vicinity; Cellular One Application (3/9/94) Page 7 • The proposed variance is required in order to permit the efficient development of this small, irregularly sized site, and to achieve other objectives imposed on this site. As described earlier in this application, the primary landscape objective is to visually screen the gravel yard, equipment shelter and pole tower from SW Plane Street, SW Hall Boulevard and from Highway 217. Another objective is to located the access drive as far east of the SW Pfaff le Street/SW Hall Boulevard intersection as possible in order to avoid traffic conflicts, In order for these important objectives to be met, a variance to the buffering and screening requirements is needed, The proposed landscaping for the 15 foot wide buffer area and the fence screening the yard and equipment shelter will provide an attractive open area to the west of the existing residence located on the adjacent parcel. The existing view from the residence is of the side of a 1,5 story metal shed located approximately 10 feet from the property line. The proposed landscaping will allow the residence significantly greater solar access than now exists. Granting the proposed variance will not be detrimental to other properties in the area, and will not cause conflicts with other policies and standards. 2. There are special circumstances that exist which are peculiar to the lot size or shape, topography or other circumstances over which the applicant has no control, and which are not applicable to other properties in the same zoning district; The subject parcel is small, may be reduced in size by a future right -of -way dedication for subject de lc an improvements to SW Pfaffle Street, and is triangular, making the arrangement of any proposed use difficult, The amount of site area available and suitable for development is very limited. There are few other properties zoned CP in this area which are subject to these same size and shape circumstances, Granting the variance will satisfy the overall intent of the buffering and screening requirements and allow the remaining site area to be adequate for the proposed use. In addition, other objectives will be achieved as discussed under criteria 1. 3. The use proposed will be the same as permitted under this title and City standards will be maintained to the greatest extent that is reasonably possible while permitting some economic use of the land; By granting the variance, the proposed use will be the same as permitted (conditional) within the CP Zone, and other City standards will be met. The proposed use will permit the land to retain a reasonable economic value for its CP Zoning. This criteria is met. 4. Existing physical and natural systems, such as but not limited to treic, drainage, dramatic land forms, or parks will not be adversely affected any more than would occur if the development were located as specified in the title; Existing physical and natural sy stems will not be affected by granting this variance any more than would occur if the buffer area was extended to 20 feet. As discussed in an Cellular One Application (3/9/94) Page 8 earlier section of this application, the location of thy; lccessway within the buffer area satisfies a number of traffic and safety objectives, 5. The hardship is not seJ f - imposed and the variance requested is the minimum variance which would alleviate the hardship. The hardship io ,As case is caused by the small parcel size, additional site area required for future right -of, gay dedication, and the existing triangular shape. Vehicle access around the proposed pole and equipment shelter established the size and shape of the yard and thus the distance between the eastern property line and the security fence available for a buffer /screening area. The applicant believes that the variance request to reduce the buffer from 20 feet wide to 15 feet wide is the minimum required to result in an efficient yard, to located structures as far from SW Pfaffle Street as possible, to maintain visual clearance at the SW Pfaffle Street /SW Hall Boulevard intersection, and to locate a curb cut on SW Pfaffle Street as far east as possible. Cellular One Application (3/9/94) page 9 APPLICATION for CONDITIONAL USE and SITE DEVELOPMENT REVIEW CELLULAR ONE FACILITY SW Pfaffle Street and SW Hall Boulevard, Tigard March 9, 1994 ATTACHMENTS Written authorization from property owner. Letter from Robert Green, ODOT, Re: Hazard Tree Removal Ownership information vv.; '"or's map, Lots 1000, 1100 and 1200, Mapl S 1 35DA Meeting Notice and Sign Up Vicinity and Area Plan Survey and Existing, Site Plan Site Plan Landscape Concept Plan West Elevation t Cellular One Application (3/9/94) November 2, 1993 city of Tigard Plannng Department Tigard, Oregon 97223 RBI Application for Planning Approval To who it may concerns We the undersigned property onwers, are negotiating with Interstate iba Cellular One, to finalize a Interstate �d�ja�.19p hone Co., Co. � lease on our property atq the SE Corner of $W Pf of f le Street at SW Hall Blvd. in Tigard. 4�d The specific property is identified on Washington County Aeepssor' a Map 19 -1 -3S as tax lot 1100p (Covy attached.) We are aware of the need for Cellular One to make application to the City of Tigard for conditional use and Planning Department Approval of their proposed plans and building permits. We have no objection to their making such applications at their cost and rink. Plea a accept this letter as author. itl from the property owns a to allow the processing of such applications Don So ae Property D et DEPARTMENT OF TRANSPORTATION Sam Hunaidi Permit Unit Inspector Oregon Department of Transportation PO Box 565 Beaverton OR 97075 Telephone 227-5002 Hazard Tree Removal Hwy 217; MP 5.66 Sam: Pursuant to Mr, Hoag's letter (see attached) I made an inspection of the Douglas fir in question. The tree is ninety feet in height situated seventy feet from the edge of asphalt. The top has broken out some twenty (estimated) years ago and multiple tops have zdvanced. Decay is severe where the new tops are growing and may very well have progressed to the stump. It is my recommendation that this tree be removed. Mr. Hoag has stated that Interstate Mobilephone Co. (Cellular One) is willing to effect removal and cleanup. I endorse their proposal. Should you require more information from me to write the permit please do not hesitate to call me. --- Robert S. Green Forester RSG:nj SAMUNAI Attachment Region 1 Robert W. Hoag Stan Wiley Realtors 7122 SE Milwaukie Ave Portland OR 97202 800 Airport Road SE Salmi, OR 97310 (503) 378.6528/578-2621 MX (503) 3734395 MX (503) 371,1312 1'; , , • 'ICAGO TITLE INSURANCE CONY 10001 SE SUNNYSIDE ROAD CLACKAMIAS? OR 97015 M E T R O S C A N PROPERTY P R O F I L E = Washington County ************************************************** * * * * * * *** * * * * * * * * * * * * * * * * * * * ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * OWNERSHIP INFOt NATION Reference Parcel #:1S135DA 01000 Parcel Number :R0275099 TRSQ:01S- 01W -35-SE NE :SCHAEFFER DONALD M :MUNCH MICHAEL T :8530 SW PFAFFLE ST TIGARD 97223 :14520 SW BULL MOUNTAIN RD TIGARD OR 97224 :503 -620 -8330 Owner CoOwner. Site Address Mail Address Telephone SALES AND LOAN INFORMATION Transferred: Loan Amount Document # :80011438 Lender Sale Price : Deed Type : Owned ASSESSMENT AND TAX INFORrMATION Land :$27,900 Structure :$57,000 Other : Total :$84,900 Exempt Amount: Exempt Type : % improved :67 Levy Code :02381 93-94 Taxes :$1,722.62 PROPERTY DESCRIPTION Map Grid :655 F3 Class Code :R14 Census :Tract 306.00 Block 1 NbrhdCd :SM46 MillRate :20.1980 Sub /Plat :METZGER ACRES Land CIse :1014 RES,IMPROVED Legal : MET ZGER ACRE TRACTS, LOT PT 200 :ACRES .25 PROPERTY CHARACTERISTICS BedrooMs :5 Bathrooms :1.00 Heat Method : FORCED Pool Appliances Dishwasher Hood Fan Deck * Garage Type :DETACHED * Garage SF :840 Lot Acres :.25 Lot SqFt :10,890 BsmFin SF BsmUnf inSF: Bldg SqFt :1,248 Porch SqFt: Attic ScFt: Deck SqFt Year Built :1952 EffYearBt :1952 Floor Cover :CARPET Foundation :CONCRETE FTG Roof Shape :GABLE Roof Matt. :COMP SHINGLE InteriorMat :DRYWALL • Paving Matl :ASPHALT * Ext Finish :HORIZONTAL WD * Const f ******** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** *fir * * * * *** ***** * The Information Provided Is Deemed Reliable, But Is Not Guaranteed. • 1WHICAGO TITLE INSURANCE C( 10001 SE SUNNYSIDE ROAD CLACKAMAS, OR 97015 ANY =METROSCAN PROPERTY PROFILE= Washington County ******************************************************************************** * = __ * * OWNERSHIP INFORMATION * * =.- . * * Reference Parcel #:1S135DA 01100 * * Parcel Number :R0275106 TRSQ:O1S-01W-35-SE NE * * Owner :SCHAEFFER DONALD M * * CoOwner :MUNCH MICHAEL T * Site Address :*NO SITE ADDRESS* 4 * Mail Address :14520 SW BULL MOUNTAIN RD TIGARD OR 97224 * Telephone : i * 1 * SALES AND LOAN INFORMATION / * * Transferred: Loan Amount : 7 * Document # :80011438 Lender : t * Sale Price :$69,000 Loan Type . . / * Deed Type : Interest Rate: / * % Owned : Vesting Type : 7 * * ASSESSMENT AND TAX INFORMATION 1 * * Land :$2,250 Exempt Amount: / * Structure: Exempt Type : / * Other : % Imprcyfed : 7 * Total :$2,250 Levy Code :02381 / * 93-94 Taxes :$45.68 7 * * PROPERTY DESCRIPTION / * .... / * Map Grid: Class Code: 7 * Census :Tract Block * NbrhdCd :SM46 MillRate :20.1980 * Sub/Plat:METZGER ACRES * * Land Use:1004 VACANT,RESIDENTIAL * * Legal :METZGER ACRE TRACTS, LOT PT 20, * * :ACRES .13 * * : * * PROPERTY CHARACTERISTICS * * Bedrooms : . Lot Acres :.13 Year Built * Bathrooms : Lot svt :5,662 EffYearBlt * Heat Method: BSmFin SF : Floor Cover: * Pool : BsmUnfin8F: Foundation : * Appliances : Bldg Svt : Roof Shape * Dishwasher : Porch Scat: Roof Matl * Hood Fan : Attic 8grt: InteriorMat: * Deck . , Deck SciFt : Paving Matl: * Garage Type: Ext Finish: * arage SF : Const Type: *******************,k********************************************************i** The Information Provided Is Deemed Reliable, But Is Not Guaranteed, OHICAGO TITLE INSURANCE CO ` Y 10001 SE SUNNYSIDE ROAD CLACKAMAS , OR 97015 = M E T R O S C A N PROPERTY P R O F I L E = Washington County *****************************,************* a****** * * * * * * * * * * * * * * * *0: * * * * * * * * * * * ** * === =s * OWNERJZIP INFORMATION * * * Reference Parcel # :1S135DA 01200 * * Parcel Number :R0215115 TR 'Q : 01S-- 01W-3 5 SE NE * * Owner :MUNCH MICHAEL T * CoOwner :SCHAEFFER DONALD M * :*NO SITE ADDRESS* * * Site Address * Mail Address :14520 SW BULL MOUNTAIN RD TIGARD OR 97224 * * * Telephone ° * %ALES AND LOAN INFORMATION * * -- * * * Transferred: Loan Amount * Document # :80009137 Lender * * Sale Price :$700 Loan Type : * Deed Type : Interest Rata: * % Owned : Vesting Type : * __ ____ _ = -= * * ASSESSMENT AND TAX INFORMATION * =... * * Land :$500 Exempt Amount: t * * Structure: Exemlit Type * Other : ' improved : * * Total :$500 Levy Code :02381 * * 93 -94 Taxes :$10.16 * * PROPERTY DESCRIPTION * ._ -�,.. _..- ......;.. -. -= * Map Grid: Class Code: * * Census :Tract Block * * Nbrhdcd : SM4 . Mil :Rate 20.1:,.980 u * Lb /Plat :METZGER ACRES * * Lan Use:1004 VACANT,RE5 DENTIAL * Legal : METZGER ACRE TRACTS, LOT PT 21, A it :ACRES .04 * * * PROPERTY CHARACTERISTICS * * * Bedrooms : Lot Acres :.04 Year Built : * * Bathrooms Lot S q Ft 1, "74�. EffYearBlt 2 f fYearBlt : 4 * Heat Method: EstfFth SF : Floor Cover: * • Poo. . BsmUnf inSF: Foundation * Apa l ianoes Sid Bidq SgFt Roof Shape : 4 * Dishwasher : Porch SgFt: Roof Mat]. : * Hood Fan : Attic SgFt: InteriorMatt 4 Deck SqFt : Paving Matl: 4 * Deck * Garage Type: Ext Finish: * .,. SF : Const Type: Garage ' ** * ** *** * * .:_ q* * * * * * * * * * * ** ** * * * * * * *1 The information Provided Is Deemed Reliable, Btt,t Is Not Guaranteed. 1000 .25 AC. SEE. MAP IS 1 3SCC eting Notice Cellular One is proposing a conditional use and site development review for a 100 foot wood pole tower, antenna and equipment shelter at this location. Prior to applying to the City of Tigard for the necessary permits, the applicants would like to discuss the proposal in more detail with the surrounding property owners and residents. You are invited to attend a meeting on , Tuesday, February 1, 1994 Tigard City Hall 13125 SW Hall Boulev rd Tigard, OR 97223 7:0 M Please note this will be an informational meeting on pLelitninag plans. These plans may be altered prior to the submittal of the application to the City. A M February 1, 1994 SIGN UP SHEET Information Meeting: Proposed Pfaftle St. Cell Site Tuesday, February 1, 1994 Tigard City Hall 13125 SW Hail Blvd.. Tigard, OR 97223 7 :00 PM Those in attendance that wish to sign will be notified of future City meetings and hearings on this proposal. NAME '01,s > a &P O. 1 ° .)t c CI •) rr tl. 4, 4 1 t e ,) .. 0 D ( "3. l,, rd J 0047 /3230 sw r ADDRESS ■ 1 , 1 TELEPHONE 6 3? 3 O S February 1, 1994 MEMORANDUM TO: Interested Parties FROM: John Spencer, Cellular One RE: Information Meeting: Proposed Pfaffle St. Cell Site Cellular One wishes to construct a "Cell Site" at the intersection of SW Mail Blvd. and Pfafe Street in Tigard, A cell site consists of an equipment shelter and 100 foot wood pole tower. Preliminary site and landscaping plans are available. Cellular One will be applying to the City of Tigard for conditional use and site development review approval, A public hearing on the application will be held by the City's hearings officer, We anticipate that the application will be filed in late February, with the public hearing held in March, 1994, Pfaifle St, Cell Site Location: Triangular site at southeast corner of SW Hall and Pfafile Street, in the immediate vicinity of the 99W/Hwy 217 interchange. Tax lot 1 100, Map 1S 1 35DA, Tigard, Oregon Description; Full cell site is needed: 100 foot wood pole tower and antenna, and 12' X 28' concrete equipment shelter, An existing structure will be removed, The site will be surrounded by a security fence, and will be heavily screened from surrounding properties, Zoning: C -P (Professional/Administrative Office), Utilities permitted as a conditional use, The Cellular One tower will be exempt from the height limitations of the underlying Zone, The applicable language is; 18.98, 010 A.: Projections such as chimneys, spires, domes, elevator shaft housings, tamer a cludinzMiA receivers, a riots flag poles, and other similar objects not used for human occupancy, are not subject to the building height limitations of this title, There is a 15% site landscape requirement. There is a buffering and screening requirement, There is a Pfaffel Street improvement requirement, Permits: Conditional use permit will be required, Site development review will also be required. 1 'AiA■A: "AA'. • '-t.rr..t,•:,‘ • t:4' • 1 • t .,••rt,• • .•• APPLICATION for CONDITIONAL USE and SITE DEVELOPMENT REVIEW CELLULAR ONE FACILITY SW Pfaff le Street and SW Hall Boulevard, Tigard March 9, 1994 Cellular One 1600 SW 4th Avenue Portland, OR 97201 Ed Menteer, Real Estate Manager 248-7478 Spencer & Kupper 3533 NE 24th Avenue Portland, OR 97212 John C. Spencer, Principal 282-9853 APPLICATION for CONDITIONAL USE and SITE DEVELOPMENT REVIEW CELLULAR ONC FACILITY SW Pfaffle Street and SW Hall Boulevard, Tigard March 9, 1994 INTRODUCTION and APPROVALS REQUESTED Cellular One wishes to construct a "Cell site near the intersection of SW Pfaffle Street and SW Hall Boulevard and in Tigard. A pre - application conference was held on November 9, 1993, Notes from this meeting are attached. An information meeting on the proposal was held on February 1, 1994 with notification of surrounding property owners. Information from this meeting and the notification list is also attached. This a pp q Pp application requests approval for a conditional use and site development review at the . ,_ subject site, In addition, the application includes a variance request to modify the depth of buffer /screening required along the eastern side of the site, and an approval by the City to allow an accessway to be constructed within the buffer area. A summary of the proposal follows: Pfaffle St. Cell Site Triangular site at southeast corner of SW Hall and Pfaffle Street, in the immediate vicinity of the 99W/Hwy 217 interchange, Tax lot 1100, Map 1S 1 3 5DA. Full cell site is needed: 100 foot wood pole tower and antenna, and 12' X 28' equipment shelter. An existing structure would be removed. The site would be surrounded by a security fence. C-P (Professional/Administrative Office) Utilities permitted as a conditional use, , Maximum building height 45 feet, The Cell One � will be exempt from the height limitations of the underlying zone, The applicable language is: 18, 98,010 spires, conies elevator shaft housings, towers' A, + Projections such as chimneys, sp .._. flag poles, + `lar' objects not fused j �din� 7'V`crsh receivers aerials, �► �' es, �B limitations o this exctr for human occupancy, are not subject to the building height f fine, There is a 15% site landscape requirement. Location: Description: Zoning: Applicant Ceular One 4 1600 SW 4th Avenue Portland, OR 97201 M ]Edenteer, Real Estate Manager 248 -7478 Agent Spencer & IKupper 3533 NE 24th Avenue Portland, OR 97212 John C. Spencer, Principal 282 -9853 DESCRIPTION OF PROPOSAL Existing Site Conditions The subject site is Lot 1100, Map 1 S 1 35DA located on the south side of SW Pfaffle Street just east of the intersection with SW Hall Boulevard, The site is approximately 0.1 3 acre in size and is triangular in shape, Right -of -way for Highway 217 forms the southern (hypothenuse) side of this parcel, See Vicinity Plan and Area Plan for site location. The Survey and Existing Site Plan show the dimensions of the parcel, and the features of the site, Grades are essentially flat, with a very gradual increase in elevation toward the south, There is approximately 3.0 feet of elevation gain from SW Pfaffle Street to the southern -most corner of the site, The site lies on a narrow flat bench: the landform slopes down to Highway 217 within the highway right -of -way south of the site. A 24 feet by 36 feet metal shed is the only structure currently located on the property. The shed wi'1 be removed as part of this proposal, Two driveways from SW Pfaflle Street currently provide access to the site. Both driveways will be closed and a new access drive located near the eastern side of the site away from the SW Pfaffle/Hall intersection will be constructed as part of this proposal. An existing large collection of shrubs located in the SW Pfaf ie Street right -of -way, separate the two existing driveways, Additional shrubs are located west of the site in the Highway 217/Hall rights -of -way, and several mature fir trees are located south of the site within the highway right -of -way. There are also several deciduous trees and shrubs located in the far southeast corner of the site behind the existing metal shed. The yard around the metal shed is paved in gravel. The Site Pan The proposed development plan is shown on the Site Plan drawing. No changes to existing grades are proposed, The existing metal shed will be removed. Discussions with City staff at the pre - application meeting indicated that future right -of -way dedication and street improvements along the SW Pfaffle Street frontage will be required by the City, The applicant is a lessee intending to make modest improvements roveme nts on this small site which will not generate traffic, water or sewer se rvice r eq uirements, The value of the land and proposed . improvements is significantly less than the cost to construct street improvements along SW Pfaffle Street, snaking the street hl provements impractical. The applicant proposes that the improvements be deferred. The Site Plan shows proposed improvements to the site set back from the existing edge of pavement along SW Pfaffle Street and the existing northern property line an adequate distance in order to accommodate future street improvements and right,offway dedications. The two existing driveways an SW Pfaffle Street will be closed as part of the improvements. A new 10 foot wide access drive will be constructed from SW Pfafle Street parallel to and approximately Cellular One Application (3/9/94) Page 2 , • • 2,5 feet west of the eastern property line. The drive provides access to a security gate located approximately 38 feet south of the existing edge of pavement. The drive will provide adequate vehicle stacking distance for maintenance vehicles accessing the site. Approximately one to two maintenance visits per month are anticipated. A 2400 sq.ft. gravel yard is proposed in the southeast corner of the site. The yard is enclosed by a 6 foot chain link fence with wooden slats. A 16 foot gate along the western side of the yard provides the only access from the access drive, Located within the yard are two structures: a one story 12 foot by 28 foot tilt-up concrete equipme3t shelter and a 100 foot wood pole with antennas. The shelter and pole are connected by a waveguide bridge, A West Elevation of these structures is provided with this application. The structures have been located in the far southeast corner of the site away from SW Pfaffle Street and SW Hall Boulevard. The gravel yard will provide for vehicle access to the shelter and pole, and for maintenance vehicle parking. Landscape areas are provided between the yard and SW Pfaffle Street aiti near the SW Pfaffle Street/ SW Hall Boulevard intersection. An existing 36 inch Douglas fir tree located approximately 70 feet south of the subject parcel on Highway 217 right-of-way suffers from severe decay and will be removed by the applicant as part of this project. The location of the tree is shown on the Site Plan. Attached is a letter dated January 14, 1994 from Robert S. Green, Forester for the Oregon Department of Transportation describing Mr. Green's inspection of the tree, assessment of the decay observed, and recommendation that the tree be removed. If the tree were to remain standing, it would pose a threat to both the proposed tower and to traffic using Highway 217, Landscape Concept Plan The Landscape Concept Plan is based on the objective to visually screen the gravel yard, equipment shelter and pole tower from SW Pfaffle Street, SW Hall Boulevard and from Highway 217, A massing of Pacific Waxmyrtle is proposed along the fence facing SW Pfaffle Street, providing a continuous evergreen screen reaching 5 to 6 feet in height, Red Sunset Maple street trees are also proposed along SW Pfaffle Street planted at 28 foot centers. The Red Maples and Waxmyrtle are set back from the existing SW Pfaffle Street pavement in order to allow for the future widening of SW Pfaifie Street. Groundcover consisting of Lowfast Cotoneaster will blanket the entire area between SW Pfaffle Street an the evergreen screen. A massing of Hogan Cedars is proposed along the west and south sides of the site facing SW Hall Boulevard and Highway 217, and in the southeast corner. Hogan Cedars will be planted at 10 foot centers, will grow to a height of 3045 feet and are approximately 12-15 feet wide at maturity. The cedar massing will complement the existing evergreen trees located south of the site, Cellular One is pursuing permission from ODOT to plant cedars within the Highway 217 right-of-way. Cellular One Application (3/9/94) Page 3 t � � The site contains no unusual soils or drainage conditions. Planting areas will be prepared with a good back fill mix, All site areas will be covered 1,, ith plant materials or gravel yard and drive, No erosion problems are anticipated, MINIMUM LOT SIZE REQUIRIMENT The existing site area of Lot 1100 does not meet the minimum lot size standards (6,000 sq.ft,) for the CP zone and is thus subject to criteria and standards for nonconforming situations (18,132,040), The existing site area is approximately 5,227 square feet. The Tigard Development Code provides a remedy when the adoption of development standards creates a nonconforming situation. Criteria for Nonconforming Situations (18.132.040) Subsection 18,132,040 (A)4 provides a remedy when two or more lots are in single ownership and were made nonconforming by the adoption of the code, the lots involved are considered to be an undivided parcel for the purposes of considering lot area, width or depth, The subsection states that: 4. If two or more lots, or combinations of lots and portions of lots in single ownership are of record at the effective date of this title and are made nonconforming as to lot area, width, or depth by this title the lots involved shall be considered to be an undivided parcel for the purposes of this title: and portion f, ggr g conveyed, or used a, of this is title and �' No ortion o the aggregated sled steels shall tieoconove a in any manner which violates or creates a violation f b, No division of the parcel shall be made which creates any lot remaining with the area, width or depth which does not meet the requirements of this title. This i by 1100 from Messrs, Don This application is made b Cellular One who intends to easeLot O and 1200, Map 15 -1 -3 SDA, Schaeffer and Michael Munch, owners of Lot 1100 and Lots , p All three parcels are zoned CP, A copy of the assessor's map showing the lots and the ownership record for each lot is attached as is a letter dated November 2, 1993 from t Messrs. Schaeffer and Munch authorizing Cellular One to make this application, A copy of the lease agreement can be made available for City review on request, Title 18 of the City of Tigard Development Code was adopted in 1989, The present owners of Y 1 , parcels since before that time, Of the three lots, Lots 1000, 1100 and 1200 have owned these arceh minimum lot size for the CP parcel approximately q a.. and thus meets the steel 1000 is a roximate 10 900 s 2�0 area 0 sq.ft.) do not meet minimum lot size Lot 1100 (5,227 sq,ft,) and Lot (, q ) requirements. uirements. Taken together, these three lots under single ownership are approximately 17,600 s a ft, in area, and meet the minimum CP Zone lot size requirement. Cellular One Application (3/9/94) Page 4 yy 1 Lot 1000 is currently used as single family residential and lot 1200 is vacant, The single family dwelling located on Lot 1000 meets all development standards for the CP Zone as to lot size, width and depth. Based on the requirements of 18.132.040 (A) 4, Lots 1000, 1100 and 1200 are in single ownership and are considered an undivided parcel for the purposes of satisfying the lot area, width and depth requirements of the CP Zone. The minimum lot area requirement is 6,000 sq.ft.. The combined lot area is approximately 17,600 sq.ft. This requirement is met. g requirement is 50 feet. The average lot width of the The average minimum lot width UO fact. This requirement is met. `There is no lot depth combined lots is approximately 100 q requirement in the CP Zone. The proposed application thus meets all requirements of 18.132.040 (A) 4 and shall not be subject to the other requirements of Chapter 18.132 Nonconforming Situations. REQUEST FOR CONDITIONAL USE APPROVAL The CP Zone permits Communication Services outright, and Utilities as a conditional use, City Staff has indicated that the proposed Cellular One facility best meets the description of utilities as contained in the Tigard Development Code, and thus this application is subject to the conditional use criteria, Following is a discussion of the criteria and how this proposal satisfies the applicable requirements, Conditional Use Criteria (18.130.040) 1. The site size and dimensions. provide adequate area for the needs of the proposed use; The Site Plan shows the arrangement of uses and improvements proposed for this site, The existing ite is very small for a p parcel zoned CP, and any future right -of -way g � p dedication requirement for improvements to SW Pfaffle Street further reduce the site size, The triangular shape of the site also makes this site difficult for traditional development types similar to the commercial and office uses permitted in the CP Zone, The needs of the proposed use, however, can be met by the size and shape of this site, 2. The characteristics of the site are suitable for the proposed use considering size, shape, location, topography o a h and natural features; As discussed under criteria 1, the small triangular shape of the site can adequately improvements p proposed b Cellular One, accommodate the impro The site is flat and has no �.. by significant natural features to be considered in site development, location of this site The oca is very important to Cellular One, The Highway 217 corridor is the highest volume traf c' ay in Oregon and an important regional business centers Cellular communication requirements in this corridor highest i. i increasing ii .. hest In (� , rapidly, a are the iug Oregon, and are Cellular One currently operates cell sites" along Highway 217 at a Cedar Hills site near Cellular One Application (3/9/94) Page 5 y -F the US 26 interchange, the ViewMaster/Tyco site near Washington Square and at the 1 -5 interchange. The subject site is located approximately mid -point between the I -5 and ViewMaster sites and is needed to serve existing Cellular One customers and the expected increase in service requirements along this corridor. 3. All required public facilities have adequate capacity to serve the proposal; Access, telephone service and power are the only public facilities required by the proposed use. No water or sewer service will be required, All public facilities have adequate capacity for the proposed use. 4. The applicable requirements of the zoning district are met except as modified by this chapter; The proposed Site Plan requires that a variance be approved reducing the required buffer width along the eastern property line from 20 feet to 15 feet, The applicant is also requesting that the City approve a proposed accessway within the buffer area as provided for in Section 18,100,080 (B), If these requests are approved, all other standards will be met, The supplementary requirements set forth in Chapter 18.114, Signs, and Section 18.120.180, Approval Standards, if applicable, are met; No signs are proposed, To the applicant's knowledge, all approval standards contained in Section 18,120,180 are met. 6. The use will comply with the applicable policies of the comprehensive plan. The proposed use is a lawful use allowed conditionally in the CP Zone. The Tigard adequate es the ade provides for and encourages Comprehensive Plan Comp pgq provision _ . _ of u tilities required to serve the residents, workers and visitors of Tigard, The proposed use will meet these requirements. VARIANCE REQUEST FOR BUFFERING /SCREENING REQUIREMENTS (18;100,080) Requirements for buffering/screening apply along the eastern side of the subject lot in order to reduce the visual impact of the proposed use from the existing single family dwelling located on the adjacent parcel 18.100,080 The parcel containing the dwelling and the subject parcel are ....., e d owned by the same _.. arties, 13 h the northern and southern sides of the subject zoned CP and are o by p cat parcel abut a public right -of -way and are not considered an interior property line per 18,100,080 (A). However, extensive landscaping and screening along both of these sides of the site are proposed as part of the Landscape Concept Plan, 1� • The Buffer Matrix shown as Figure 1 in Section 18.100.130 indicates that for a proposed Commercial and Professional Use adjacent to an existing detached single family dwelling a buffer 20 feet wide with screening is required. A variance to this standard is requested to reduce the buffer width to 15 feet. Section 18.100,080 (B) states that: A buffer area may only be occupied by utilities, screening sidewalks and bikeways, and landscaping. No buildings, accessways, or parking areas shall be allowed in a buffer area except where an accessway has been approved by the City. The Landscape Plan indicates proposed landscaping and accessway within the buffer area along property y n SW Pfaffie Street will be closed as part the eastern line The two existing driveways �ess drive will be constructed from SW Pfaffle of the street improvement, A new 10 foot wide Street parallel to and approximately 2.5 feet west of the eastern property line. The drive provide access to a security gate located approximately 38 feet south of the existing pavement. This location of the gate and accessway achieve a number of important traffic and safety objectives. First, the curb cut on SW Pfaffie Street is located as far east of the SW Pfaffie Street/SW Hall Boulevard intersection as possible, reducing the potential vehicle conflicts between eastbound traffic from SW Hall Boulevard and maintenance vehicles exitirig the site, This location will provide adequate site distances fe *. both types of movement, Second, maintenance vehicles entering and exiting the site will not be required to stand in SW Pfaffle Street. The access drive i stacking distance + vehicles accessing the site and will provide adequate vehicle stackan distance for sha a of the site, the most usable operating the security gate, Finally, because of the triangular p y portions are near the eastern side, particularly as our intent is to locate all structures as far away p request the City approve the _ _ . reasons, we rc oast that t Plan and therefore from SW Pfaffle Street as possible, For these and Landscape Concept proposed Y shown on thefSite• P ro osed mccesswa as shove cause the requirements of Section 15.100 080 (B) to be met. The Landscape Concept Conce t Plan shows the landscape massing proposed for the buffer area, Along gain a dense evergreen hedge of the eastern property line a 2. � feet wide planting area will contain A similar hedge is p Oregon Grape, expected ain hey hts of 3-4 feet at ty, g Compact (ire on Cra e, ex ec,ted tog - proposed along the yard fence. The fence is chain link with wooden slats. A variance to the buffer area width requirement from 20 feet to 15 feet and landscaping standards are requested, Following is a discussion of how this proposal meets the variance criteria found in Section 18,134.050. Variance Criteria (18.134.050) • 1. The proposed variance will not be materially detrimental to the purposes of this title, be In conflict with the policies of the comprehensive plan, to any other applicable policies and standards, and to other properties in the same zoning district or vicinity, Cellular One Application (3'9/94) Page 7 • The proposed variance is required in order to permit the efficient development of this small, irregularly sized site, and to achieve other objectives imposed on this site As described earlier in this application, ',he primary landscape objective is to visually screen the gravel yard, equipment shelter and pole tower from SW Pfaffle Street, SW Hall Boulevard and from Highway 217. Another objective is to located the acces, drive as far east of the SW Pfaffle Street/SW Hall Boulevard intersection as possible in order to avoid traffic conflicts, In order for these important objectives to be met, a variance to the buffering and screening requirements is needed. The proposed landscaping for the 15 foot wide buffer area and the fence screening the yard and equipment shelter will provide an attractive open area to the west of the existing residence located on the adjacent parcel. The existing view from the residence is of the side of a 1.5 story metal shed located approximately 10 feet from the property line, The proposed landscaping will allow the residence significantly greater solar access than now exists, Granting the proposed variance will not be detrimental to other properties in the area, and will not cause conflicts with other policies and standards. 2. There are special circumstances that exist which are peculiar to the lot size or shape, topography or other circumstances over which the applicant has no control, and which are not applicable to other properties in the same zoning district; The subject parcel is small, may be reduced in size by a future right -of -way dedication for improvements to SW Pfaffle Street, and is triangular, making the arrangement of any proposed use difficult, The amount of site area available and suitable for development is very, limited, Theie are few other properties zoned CP in this area which are subject to these same size and shape circumstances, Granting the variance will satisfy the overall intent of the buffering and screening requirements and allow the remaining site area to be adequate foe the proposed use. In addition, other objectiv s will be achieved as discussed under criteria 1. 3, The use proposed will he the same as permitted under this title and City standards will be maintained to the greatest extent that is reasonably possible while permitting some economic use o, f the land; By granting the variance, the proposed use will be the same as permitted (conditional) within the CF Zone, and other City standards swill be met, The proposed use will permit the land to retain a reasonable economic value for its CP ,Zoning, This criteria is met, 4. Existing physical and naturvd systems, such as but not limited to traffic, drainage, dramatic land fortns, or parks will not be adversely affected any more than would occur if the development were located as specified in the title Existing physical and natural systems will not be affected by granting this variance any more than would occur if the buffer area was extended to 20 feet, As discussed in an Cellular One Application (3/9/9) Page 8 'r. ir, earlier section of this application, the location of the accessway within the buffer area satisfies a number of traffic and safety objective;. Tire hardship is not self imposed and the variance requested is the minimum variance which would alleviate the hardship. The hardship in this case is caused by the small parcel size, additional site area required for future right -of -way dedication, and the existing triangular shape. Vehicle access around the proposed pole and equipment shelter established the size and shape of the yard and thus the distance between the eastern property line and the security fence available for a buffer /screening area The applicant believes that the variance request to reduce the buffer from 20 feet wide to 15 feet wide is the minimum required to result in an efficient yard, to located structures as far from SW Pfaffle Street as possible, to maintain visual clearance at the SW Pfaffle Street/SW Hall Boulevard intersection, and to locate a curb cut on SW Pfaffle Street as far east as possible. Cellular One Application (3/9/94) Page 9 [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] y HEALTH AND SAFETY A CELLULAR TELECOMMUNICATIONS PERSPECTIVE Y + Y We live in a world of rapidly advancing technology that touches almost every facet of our fives. Although these new technologies assist us in keeping pace with the challenges of our increasingly complex lives, it is also natural to wonder how these technologies work and whether their effect on our health and environment has been carefully evaluated. In addition, it is important to maintain perspective by evaluating the evidence in the context of the positive contributions that these technologies bring to peoples' lives. Consequently, Cellular One® has asked Dr, Arthur W. Guy of the Center of Bioengineering at the University of Washington, Dr. Don Justesen of the University of Kansas School of Medicine, and Dr, Jerrold T. Bushberg of the Davis Medical Center at the University of California to evaluate the relevant scientific evidence in order to assess the safety of cellular communication facilities, The conclusion of these scientists, and the consensus of the scientific community, is that there is no scientific basis for any health concerns about radiation from cellular telephone facilities, Dr. Guy concludes that "based on the reported thresholds of biological effects in the scientific literature, the recommendations of all the standard setting groups in the world (including the most conservative of the USSR), and the form of radio wave modulation, it is my opinion that emissions from cellular transmission facilities are safe and do not pose a threat to the health of the general population ". Dry Justesen states that "nothing in the peer - reviewed literature would suggest a harmful effect from exposure to radiation at the low levels associated with exposure to cellular radio wave transmissions ". Dr, Bushberg affirms that "based on the surveys of cellular transmission g facilities and field measurements I have made, and my knowledge of the scientific literature regarding the biological effects of electromagnetic radiation, I conclude that the frequencies and power densities associated with cellular communications facilities have not been shown to be harmful and have not been linked to adverse health effects in humans or animals". The conclusions of these eminent scientists, as well as the findings of the governmental regulatory agencies _ 1. + y of radio wave overnr�nental and re ulator that have evaluate the safety r In light of i clearly support the safety of cellular communications. g the scientific evidence and Cellular One's positive contributions to the productivity y . people living and working within the co j .unity it serves, public and safety of p in community health and welfare are enriched by cellular communications technology. y I What are cellular telephones? Cellular telephone service is simply an extension of your ordinary telephone service that uses radio waves (also called electromagnetic • J,ves) in place of wires to transmit and receive phone calls. This type of informatk ransmission is similar to radio and TV broadcasts except that the signals from cellular phone systems are much weaker because they are intended to provide signal to a much smaller service area. Cellular radio waves transmit voice communications in the ultra -high frequency band, a portion of the radio - frequency spectrum originally reserved for television broadcasting: Cellular carriers share this frequency band with taxicabs, local government, police and fire services, highway maintenance, forest conservation, and the state national guard. Cellular transmission facilities use radio waves to send voice communications to and from mobile users. The cellular telephone system is designed to make efficient use of a limited number of channels by dividing the service area into a number of smaller areas called "cells ": Each cell is served by a facility, called a "cell site ", which consists of radio transmitters, receivers, and antennas. The receivers and transmitters are typically housed in small equipment shelters, and the antennas are most often located on rooftops or towers. To prevent signal interference between cells, the transmitters operate at very low power levels, typ'ica11y at one hundred watts per channel. What are the advantages of cellular technology? Cellular telephone service enhances the ability of a mobile society to rn • is safety and productivity. The maintain vital communications links and to improve safet a greatest advantage is the vast improvement in communication availability and mobility. Because these phones do not require any wires or cables, people may send receive calls an y where in the world and l p p h d while in a cellular phone service area Cellular . . phones are used for a wide variety of business applications everywhere from Wall Street offices to Texas cattle ranches to California fishing fleets: Cellular gy rrp p by g stranded motorists to summon aid or report dangerous situations. Every day, cellular phones help ordinary people caught in extraordinary circumstances — a Seattle woman who was trapped in her car when it slid out of control in a snowstorm, a California fisherman whose boat began to take on water and sink; a Pittsburgh businessman whose phone .,... :y fire; a Washington grandmother who lines were knocked out b fir saved the life of her grandson by receiving cardiopulmonary resuscitation instructions over her portable phone; and a Florida father who delivered his daughter while stalled in a traffic jam. All these people were grateful that their cellular phones were there when they needed them: What if 1 don't own a cellular phone? Are there any public benefi':� `o cellular telephone service? Yes. Cellular technology supports emergency services, promotes safety, and enhances the lives of the people living and working in the communities served by the cellular communications network. For example, cellular technology plays a vital role in the delivery of emergency services. Paramedics use a special cellular electrocardiogram (ECG) machine to transmit a picture of a patient's heart rhythm to a hospital physician who can order immediate treatment if needed. 13y decreasing the time delay in treatment, the patient's odds of recovery and survival are enhanced. Cellular phones in responding ambulances allow paramedics to establish direct contact with the caller, improving the paramedics' ability to deliver timely medical assistance. The mobility of cellular phones clearly enhances their role in providing emergency communications, Cellular telephones play an important role in maintaining vital communication links to coordinate emergency responses to natural disEsters, such as the October 1989 earthquake in San Francisco. With the landline network disabled, cellular telephones became the critical communication link between state and local emergency management offices and police end fire departments. In November 1990, a raging fire in Yosemite National'Park destroye.ci phone lines, severing communications. Cellular telephones allowed the fire fighters to coordinate and plan their fire fighting efforts, order needed supplies, and even send fire maps to remote areas via cellular fax machines. In April 1991, Andover, Kansas was devastated by a tornado that left more than 700 people homeless and destroyed communications, isolating stricken families from their loved ones and ham._. erin rescue and relief effort. Cellular One® of Wichita provided cellular communication to P olice and rescue workers and established a link to the outside world for many anxious families. Cellular phones enhance the safety of our highways. Cellular call boxes bring communication to remote stretches of highway, allowing motorists to summon aid • ry in the event of accidents or vehicle breakdowns. In addition, cellular phones have been used to alert police to drunk drivers and suspicious activities. Since 1987, the Highway Patrol has arrested 77 drunk drivers in south Florida with the help of passing motorists and one North Miami officer welcomed the cellular phone callers as 'an extra set of ears and eyes on the road'. The cellular communication network plays , an important po ant role in the emergency response capabilities of the communities in which it is located and it provides important benefits to the people who live and work within those communities. What is electromagnetic radiation ? Simply put, cellular radio waves are a form of radiant energy that contains both electric and magnetic components. This electrornagnetic ,energy travels or radiates in waves like the ripples which form when a small rock is thrown into a pond. "Radiation" describes the passage of energy through space: Radio waves are a form of non - ionizing radiation that can not strip electrons from molecules, in contrast to X -rays and gamma rays, which are forms of ionizing radiation used in medical diagnosis and treatment: It is important not to confuse the effects of ionizing radiation, like x -rays and gamma rays, with non- ionizing radio waves. • Do I absorb all of the electromagnetic energy that i am exposed to? No. Except at resonant frequencies not used in cellular communications, only a fraction of the electromagnetic energy to which one is exposed is actually absorbed by the body: The amount absorbed depends on a variety of factors, especially the frequency of the radio wave: Frequency refers to the number of waves passing a given point during; a given time Because biological effects depend on the amotwtit of energy absorbed, the frequency of the electromagnetic waves affects the specific absorption rate dosimetric concept in the evaluation :: -. to S.�R), a fundamental d : , :"The human body absorbs of exposure to non -ionizing electromagnetic radiation y relatively little electromagnetic energy at cellular 'frequencies (800-900 MHz) comparel with absorption at resonant frequencies (30-300 MHz) What are the sources and characteristics of public exposure to nonr-onizing electromagnetic radiation? Exposure to electromagnetic energy is common and comes from a number of natural and man -made sources: For example, the flow of electrical charges within the earth, which accounts for its magnetic field, and the energy from the sun are both constant sources of exposure to electrornagnetic energy. Even the human body generates and emits electromagnetic energy. Common man -made sources include de electric utility lines, hous ehold wiring and appliances, and computers, as well as television and radio broadcasts. How do cellular radio wave transmissions compare with other common sources of electromagnetic energy? We are exposed to low levels g om a wide variety of is of ever r : ,� ,, small. sources. The relative contribution from cellular telecommunications is very Commercial radio and television broadcasts are thousands of times more powerful than cellular Iran smi...s.. . sions, and y .., et, because radio waves dissipate rapidly 'with distance, pub hc ex p scarp to even the high powered FM radio broadcasts is minimal, ma l The Environmental Protection Ag enc y has performed extensive measurements of 4 • ,... ±! .. .,, a. .. w, .. X11 .i�. •. i'I5' commercial radio fields in the largest US. cities and found that 99% of the public exposure is 200 to 1,000 times below the permissible exposure standards. Therefore, exposure to electromagnetic energy from the lower power cellular communications is insignificant. How do we know that exposure to cellular radio waves is safe? Unfortunately, concern about extremely-low frequency (ELF) fields associated with high - voltage transmission lines and household ,wiring has triggered unjustified concern for the higher frequency waves associated with radio and television broadcasting facilities. There is abundant scientific evidence that there are no harmful effects associated with the low power ultra -high frequency (UHF) radio wave transmissions used in cellular communications. Several thousands of scientific studies have been reported on the biological effects of exposure to high frequency radio waves such as are used in cellular communications. These studies have been conducted by researchers in universities, government, and private laboratories throughout the world. These studies provide a large, reliable database of information on levels and durations of exposure .. the kind of information needed to establish the conditions under which exposure does not result in harmful effects and to set safety standards with a high degree of certainty. The scientific record with respect to radio 'raves such as are used in cellular communications contrasts with the data available on ELF fields, a relatively new area of scientific inquiry. Some epidemiological studies have raised questions about the safety of ELF fields, but these studies, by their very nature, are lacking the strict controls used in laboratory research. Therefore, causal connections calmot be made: In addition, levels and durations of exposure to ELF are generally unknown. Not only are laboratory ry comparatively few in number, they have yet to studies of ELF fields eo ` to yield the kind of data necessary to establish permissible exposure standards for ELF fields: Research has shown that biological effects associated with exposure to electromagnetic energy depend on the frequency as well as the intensity of the energy waves. Frequencies of cellular radio waves are fairly high, about 850 million per _ about 14 inches. cycles per second (850 MHz), so the wavelengths are relatively short, . In marked contrast, the frequency of the electromagnetic waves used in power lines a._ . gi. very y p and household wiring is v + low, 60 cycles per second (60 Hz), and the wavelength is very long, about 3,000 miles. Consequently, the nature and properties of ELF fields nd cellular radio waves are so different that they must be measured and evaluated in different ways. • ! f t� K;w J Who has conducted the scientific research on exposure to radio waves? Several thousand scientific studies have been reported on the biological effects of exposure to higher frequency radio waves such as are used in cellular communications. These studies have been conducted by researchers in universities, government, and private laboratories throughout the world. Two of the scientists whom we asked to evaluate the safety of cellular communications have conducted primary research on the biological effects of exposure to radio waves. Dr. Guy, for example, has conducted research at the Bioelectromagnetics Research Laboratory at the University of Washington, and has published or co- authored 293 papers relating to the biological effects of electromagnetic waves, Dr. Justesen's primary research activities at the University of Kansas School of Medicine involve experimental study of the behavioral and electrophysiological influences of both the higher frequency and ELF fields. Who has evaluated the effects of exposure to radio - frequency waves? The scientific literature relating to radio - frequency exposure has been reviewed and evaluated by numerous standard - setting bodies such as the Environmental Prm'ection Agency (EPA), the National Institute of Occupational Safety and Health (NIOSC-I), the American National Standards Institute (ANSI), and the National Council on Radiation Protection and Measurements (NCRP). None of these agencies identified harmful health effects associated with the low power densities and ultra -high frequency of cellular radio wave transmissions. In 1984, the Environmental Protection Agency conducted an extensive inquiry into federal radiation protection guidance and proposed alternatives for controlling public exposure to radio-frequency �radiation, From 1979 to 1987, the Federal Communications Comm i ss ion ( FCC ), the a g en cy charged with licensing 'ty radiofrequency spectrum, conducted a series of authority over the use of the rad�ofr inquiries to determine whether radiofrequency transmissions are a public _ .._ health.... concern. The FCC concluded that cellular communications facilities do not expose the public or workers to unsafe levels of electromagnetic radiation. Are there safety standards to limit exposure to radio- frequency radiation? : y recognized standards for protection against excessive The two most widely y National Standards Institute (ANSI) 1982 waves are the American P exposure to radio Radio Frequency rotection Guide (C95Y1) and the National Council on Radiation Protection and Measurement (NCRP) 1986 Radio Frequency Protection Guide. The y ANSI systems that affect every aspect of Al�'vI has formulated standards for devices and ste our safety and well- being. The NCRP is an independent, non-profit body chartered by the United .. y States Congress to oversee and evaluate the application of both ionizing and non- ionizing radiation. • The scientific committees that develop and maintain exposure standards are comprised of scientists from the physical, biological, medical, and engineering sciences. They are university faculty members, federally employed scientists and physicians, and biomedical investigators from industry and private research firms. These experts have the necessary training and background to review and evaluate the scientific literature relating to the biological effects of exposure to radiation. The 1982 ANSI (C95.1) standard takes into account differences in energy absorption at various frequencies and time- weighted exposures to establish a limit on the specific absorption rate of four - tenths of a watt per kilogram of body mass (0.4 W /kg): To put this threshold in perspective, the resting rate of human metabolism is approximately 1 W/kg of body mass: The threshold for harmful effects is approximately 4 W /kg; therefore, the exposure standard represents at least a ten -fold safety factor: At ultra -h` frequencies (UHF), such as are used in cellular � g h fre q uenc� communications, the human body does not absorb as much electromagnetic energy as it does when exposed to very-high frequencies (VHF). Therefore, the power density limits established for exposure to electromagnetic radiation (expressed in microwatts per square centimeter) vary according to frequency, but both the VHF and UHF power density limits restrict energy absorption to 0,4 W /kg: Consequently, at VHF frequencies, power 1,000 nucrowatts per . ANSI ,standards limit owes density to 1000 of 850 MHz, the q " .... ? , cellular frequency square centimeter (1 AAA W /cm) whereas at the 2800 microwatts per' square ANSI standard limits power density to approximately p q centimeter (2800 p.W / cm2 ): Power densities at or near cellular facilities are well /cm2 i below the permissible exposure standard, typically ranging from O :OS to 10 � late The 1982 ANSI standard is now being reviewed and is expected to be revised n 1991. However, indications are that the new ANSI standard will follow closely the recommendations made by the NCRP At this time, the NCRP guidelines are the strictest in the United States: The i clines a xp guidelines those of the 1982 ANSI (C95:1) standard NCRP exposure ideU.nes are similar to t : : except that separate exposure levels are recornmended for workers and for the general public. ... The NCRP recommends that the average ne e ure limits for the e public be g enerall y one-fifth that of the recommended for workers: The NCRP notes that its two -tier recommendation is more traditional and consistent with past NC. ... . R P .h practices in differentiating between _ een .. . o. ccu.. . .. pationa_ . l a nd public exposure by P roviding for a greater margin of safety for the general public: T herefore, the NCRP standard reduces the maximum permissible exposure level el to 0:08 W/kg for the general population. At the cellular frequency of 850 MHz, NCRP standards fo r the general population limit power t approximately 560 microwatts P er s q uare centimeter 56 �' cm density again, yP ical cellular power densities of 0.05 to 10 4W / cn2 are well below the pe rmissible exposure standar d • • 1 Y • Both the ANSI and the NCRP exposure standards incorporate substantial safety margins to allow for the possibility of unknown or, as yet unproven, effects, and cellular radio wave transmissions are hundreds to thousands of times below the permissible exposure levels established by these safety standards. How do we know that there are no unknown effects? It may be true that science has not answered all the questions about the health effects of exposures to ELF fields. However, after nearly four decades of research on the radio - frequency spectrum, no studies have produced results that link the kind of low power, ultra -high frequency signals used in cellular communications with any health risk or biological effects. Furthermore, the scientific community has already taken stock of this research to establish objective standards for the prudent control of exposure to electromagnetic radiation associated with the radio - frequency spectrum. To allow for the possibility of as yet unidentified health effects, both the ,American National Standards Institute (ANSI) and the National Council on Radiation Protection and Measurements (NCRP) set permissible exposure guidelines at levels ten to fifteen times below the threshold established for harmful effects, And cellular power densities range from several hundred to a thousand times below these prudent science -based guidelines. In addition, these standards are periodically reviewed and revised to assure that they reflect the latest findings, The periodic review by ANSI and other standard-setting bodies of developments in scientific experimentation assure that electromagnetic issues continue to be addressed on an ongoing basis. Will cellular transmissions aggravate existing medical conditions? No, There has been no evidence that an existing medical condition can be worsened by exposure to cellular radio wave transmissions. However, stress from concern or worry about unknown hazards may very well produce physiological changes in the body that can manifest themselves clinically. Stress, often caused by fear of the unknown, increases our susceptibility to illness, The best medicine is education. knowledge leads not only to power, but to better thealth, both physical and mental. Will cellular transmissions interfere with a pacemaker? No. s will not be affected by cellular i . . power radio waves The we Pacemakers cellular systems are thousands of times less powerful than .... ..., with cell _ .. y f` ect on a pacemaker. While there been densities associated would be required t o produce any � p +b. interference from high intensity electromagnetic radiation sources g concerns about veeovens these problems are rare and have been limited to older such as microwave ovens, p modcq pacemakers that were not well shielded 8 Are microwave transmissions safe? Microwave dishes are used at some locations to transmit signals to other communications facilities, although this link is more often accomplished through the landline telephone network. The use of point -to -point microwave transmissions allows the cellular network to continue to function when the landline telephone network has been disrupted, as occurred during the San Francisco earthquake, or to operate in remote areas where conventional telephone service is unavailable, such as occurred in the Yosemite forest fire. Microwave point -to -point transmission links are located on towers or rooftops and are designed to focus signals towards other dishes or antennas located many feet above the ground, well away from potential human exposure. In addition, they operate at very low power levels of a few watts or less. In fact, the Federal Communications Commission notes in a bulletin published by the Office of )Engineering and Technology that "ground -level power densities due to microwave directional antennas are normally a thousand times or more below recommended safety limits" and at individual would likely have. to stand directly in front of such an antenna for a significant period of time in order to be exposed to microwave levels that might be considered harmful'. Given the inaccessibility of these dishes, such a condition would be extremely unlikely, if not impossible, Are portable cellular phones safe? While the antenna from a portable cellular phone is closer to the body than a car - mounted antenna, the operating power level is greatly reduced - six- tenths of a watt for the portable compared with three and a half watts for the mobile phone and a five to ten watts or more for police, fire and 03 radios. There is no evidence that users of portable cellular phones are exposed to hazardous levels of electromagnetic energy. Extensive tests conducted by one manufacturer found the only potential hazard to occur in the unlikely event that the antenna tip was placed directly on the of the eye, Other studies have revealed that exposures to radio waves from y surface Q e : portable cellular phones are well within accepted safety guidelines. Furthermore, P' p y with . by l Communications cellular phones cozen 1 with standards established . . b the Feder, . that . . that their routine operation is Commission and that has determined (FCC) a _ ed unlikely to result in exposures that exceed established safety standards. • Does Cellular One® support further research into the safety cellular chnology? While Cellular One supports the process of scientific discovery and continues ...gig ..... radio frequency. spectrum . ., should spectrum, to monitor ongoing research relating to the f of scientific bear in mind that the radio-frequency spectrum has been the focus o scie inquiry for the last forty years, Several thousand studies provide the kind of data 9 required to determine the conditions under which exposure does not result in harmful effects. Scientists have access to a large database of laboratory findings on exposure to radio-frequency radiation, including data on varying frequendes and power densities, and standard-setting bodies have been able to establish permissible exposure standards for the radio-frequency spectrum with a high degree of confidence. The continued review by ANSI and other standard-setting bodies of developments in scientific experimentation provides assurance that electromagnetic radiation issues continue to be addressed on an ongoing basis. What do 1 do if I have additional questions about exposure to electromagnetic energy? There are a number of different sources for obtaining additional information regarding non-ionizing electromagnetic energy, Various federal agencies and departments within the federal government are charged with responsibilities for different aspects of the use and control of electromagnetic energy. A list of the federal agencies, along with a brief description of their areas of responsibility and information on how to contact their offices is given below: ' (1) FDA: The Food and Drug Administrations' Center for Devices and Radiological Health (CDRI-1), Rockville, MD 20857; can answer questions related to consumer and industrial products, such as microwave ovens and industrial RP sealers, (2) EPA: The Environmental Protection Agency's Office of Radiation Programs (401 M, St., S.W., Washington, D.C. 20460 or P.O. Box 98517, Las Vegas, Nevada 89193-8517) studies exposure of the public to radio-frequency radiation. (3) OSHA: The Occupational Safety and Health Administration's Health Response Team (390 Wakara Way, P.O. Box 8137 Salt Lake City, Utah 84108) has been involved in studies related to occupational exposure to radio-frequency radiation, However, OSHA has limited involvement in this area at the present time (4) NIOSH: The National Institute of Occupational Safety arid Health maintains a limited program for studying exposure of workers to non-ionizing ra.diation, The address ist NIOSH, Physical Agents Branch, 4776 Columbia. Parkway, Cincinnati, Ohio 45226, (5) FCC: The Federal Communications Commission has jurisdiction of the radiofrequency spectrum, They have produced an excellent report entitled Questions and Answers About Biological Effects and Potential Hazards of Radiofrequency Radiation", written by the Office of Engineering and Technology; Bulletin #56, Third Edition, January, 1989, available from the National Technical Inforrnation Service, U,S, Department of Commerce, Springfield, 'VA 22161, • 40 Questions regarding potential hazards from FCC-regulated transmitters can be directed to the Spectrum Engineering Division, Office of Engineering and Technology, FCC, Washington, D.C. 20554. (6) ANSI: The American National Standards Institute has formulated standards for radio frequency protection. The address is: ANSI, 1430 Broadway, New York, NY 10018. (7) NCRP: The NCRP is an independent, non-profit body chartered by Congress to oversee the application and control of radiation, The address is: NCRP, 7910 Woodrnont Ave., Suite 1016, Bethesda, Maryland 20814. In addition, there are other sources of information and possible assistance regarding electromagnetic energy. A few states maintain non-ionizing radiation programs, or at least some expertise in this field. These state activities are usually part of a department of public health or environmental regulation, Also, the list of references at the end of this bulletin should be consulted for detailed information on specific topics related to electromagnetic radiation. • Explemiml. rimistiga habliolisms and Ns315;lettas There is a large, and rapidly growing, database of scientific literature on the biological effects of non-ionizing electromagnetic radiation. The single most important scientific journal in this field is Bioelectromagnetics, a journal published six times a year by the Bioelectrornagnetic Society. Marty of the most important scientific findings are published in this journal and evaluated by members of the Society. In addition, the }Ieaith Physics Journal, published monthly by the Health Physics Society, covers issues pertairing to the health and safety of all radiation, including non-ionizing electromagnetic radiation, There have been a number of reviews of the scientific literature, varying considerably in coverage and technical detail. The best reviews are in the form of reports, not books. Information on a specific subject is best accImplished through a computerized literature search. • £0111M' C Meetiug There are three large scientific meetings held each year at which many of the scientific investigators present their latest research finding', The meetings of the Bioelectroirtagnetics Sodety and the Health Physics Society are typically held in June, The annual Department of Energy/Electric Power Research Institute meeting is typically held in November, All of these meetings are open to the public, ji A 1 9i t<< Extreindy Law Emma .I.LF.1 Fields: A review of the 60 Hertz power line issue can be found in a publication by Dr. M. Granger Morgan entitled, Electric and Magnetic Fields from 60 Hertz Electric Power: What Do We Know About Possible Health Effects? available from the Department of Engineering and Public Policy, Carnegie Mellon University, Pittsburgh, PA 15213. cell sites (antennas): Cell sites are cellular radio transmission facilities that transmit and receive radio waves at frequencies between 800 -900 MHz, also known as the ultra -high frequency (UHF) band of the electromagnetic spectrum. A cell site consists of radio transmitters, receivers, and antennas, The receivers and transmitters are typically housed in small equipment shelters or rooms: The transmitters operate at very low power levels in order not to interfere with transmissions in adjacent cells: The antennas are most often located on towers or rooftops. A cell site connects with other facilities via radio waves that are transmitted to the mobile switching office which routes the calls to their intended destinations. electric field: Electric fields represent the farces that electric charges exert on other charges at : i they charged. Two positive charges repel each other and dssimilar�chare because the are char ed T charges (positive and negative) attract each other. These forces of attraction and repulsion are carried from charge to charge through space by the electric field. These charges produce two kinds of fields: electric fields which result from the strength of the charge and magnetic fields that result front the motion of the charge. Together, these fields are often referred to as electromagnetic fields. Electric Power Research Ins titut. o ( E PRI) EPR I i_ s a utility organ ization that funds research, public e u cation, and policy analysis regarding ener gy techno ogi e s. With respect to electromagnetic ener gy, their main focu s in the last several years has been research and analysis of the potential link between cancer and exposure to 60 cycle electric and magnetic fields associated with power transmission and distribution systems, electromagnetic energy, (EME): Radiant energy containing both electric and magnetic components that travels in a wavelike fashion. EME has no mass and travels in straight lines at the speed light, i p to magnetic . _ . seed of i ht Human ex osut e t elects o energy on and comes from a number of natural and manmade sources. For ener is comet example, the flow of electrical charges within the earth, which accounts for its gn field, . , energy are both constant sources of exposure to magnetic fie an the ener from the sun lie EMIE Even the human b. y i generates . omagn t energy: Common man- made o xtse electr made sources include transmission line household wiring, s o .... i g home appliances, 12 VII IM1; F computers, television, and radio. The difference in energy is characterized by the difference in the wavelength or frequency of the wave. The varying frequencies make up the electromagnetic spectrum. electromagnetic field: Electromagnetic fields are made up of two components: a force similar to the energy surrounding electric charges and a force similar to the energy originating from a magnet. electromagnetic radiation (EMR): Electromagnetic radiation refers to the propagation of the electromagnetic wave through space, Environmental Protection Agency (EPA): This Federal agency has responsibility for evaluating the environmental impact of new and existing technologies and proposing standards where necessary to ensure the public health and safety. extremely -low frequency (ELF): This type of electromagnetic energy is typically associated with the 60 Hz electric and magnetic fields produced by electric power transmission and distribution systems and appliances. Federal Communications Commission (FCC): The FCC regulates the allocation of the radio - frequency spectrum for public and private communications facilities and devices. The FCC also issues directives concerning the safety of communications systems and equipment. Food and Drug Administration (FDA): The. FDA is responsible ical • for clans aspects o . y Center for p i of the production of consumer and ind products. roductsr The Devices and Radiological Health (CDRH) office within the FDA is responsible for issues related to cellular technologies, ., a uenct the number of times a specified ecified+ phenomenon occurs frequency: i � Frequency is th .. p p non within a specified time interval: electromagnetic ....., g e number of With electronic ietic waves, it �s t waves passing a given point during a given time. A unit of frequency is the hertz (Hz) which measure the number of waves or cycles per second, A unit of one thousand is a kilohertz (I J), a unit of one million is a megahertz ahertz (MHz ), and a tx { unit of one bill` . . iThe higher the frequency, _.. ion is a i ahertz (GI�)� millions the shorter er e Frequencies - . � f cellular radio waves are fairly high, about 850 s wavelengths are relatively short, bout 14 inches wavelen o of cycles per second, so the wave g y Frequency is often used to characterize a particular type of electromagnetic energy, For example, extremely -low frequency (ELF) is used to describe the 60 cy e i with power ; very-high frequency (VHF) waves are (or 60 Hz) energy associated "'� �wer �` r broadcasts 30 300 MHz), and commonly used to transmit radio and television b o ( ), cellular systems operate in the ultra -high frequency (UHF) band (300 -3,000 i 13 hertz (Hz): A unit used to measure frequency expressed as one cycle per second. In the U.S., alternating current (AC) power has a frequency of 60 I-z, In most of Europe, AC power has a frequency of 50 Hz. Radio waves have frequencies of many thousands or millions of hertz, and x -rays have frequencies billions of times greater than that. Units of one thousand, one million, and one billion Hertz are abbreviated as KHz ("kilohertz"), MHz ( "megahertz "), and GHz ( "gigahertz ") respectively, ionizing electromagnetic radiation: Electromagnetic energy at a frequency beyond the far ultvaviolet that is high enough to separate electrons from atoms (called ionization). X -rays and gamma rays are common types of ionizing electromagnetic radiation. Cellular telecommunication radio waves are non- ionizing, magnetic field: When electric charges move they create additional forces forces on each other. These additional forces are carried through s p ace by m agnehc fields. A magnetic field represents the forces that a moving charge exerts on other moving charges because they are moving. All currents produce magnetic fields that form closed continuous loops around the currents. National Council on Radiation .protection and Measurement: The NCRP is a nonprofit corporation chartered by Congress to collect, analyze, develop, and disseminate information and recommendations about (a) protection against radiation and (b) measurements, quantities, and units of radiation. This organization coordinates their activities with other national and international agencies arid organizations. non - ionizing electromagnetic radiation 'W M10: Electromagnetic energy with a frequency lower than the far ultraviolet. NIEMR does not possess sufficient energy to cause the removal of electrons from atoms (ionization), Television, radio waves ( including cellular), and microwaves are all common types of NIEMR, portable cellular phones: Portable cellular phones resemble in size and form a telephone hand set, The antenna is located on the top of the hand set and a. protrudes beyond the head of the user during use. Because the antenna is mounted on top of the hand set, there is normally,., a two inch distance between the base of the antenna and the head of the user. Exposure to the head and body have been evaluated and measurements demonstrate that exposures are well within established safety guidelines, power y' ,. .' terms of power density over � etasit The intensity of radio expressed p i commonly measured waves is in t ' dens ty and is co o y me s ed in units called milliwatts per square centimeter (mW / cxn2 ). A milliwatt is one thousandth of a watt: Lower power densities, such a ., as those associated with cellular transmissions, may also be expressed in nticrowatts 14 F: • • 5 per square centimeter (RW/cm2)4 A microwatt is one millionth of a watt. In contrast, the strength of magnetic fields is expressed in milligauss (mG) and the strength of electric fields is expressed in volts or kilovolts per meter (V/m or kV/m). Measurements of power density can be made with specific equipment that typically assesses either the electric or magnetic component of the field. The type of instrument and probe selected depends upon what frequencies are being measured and what sensitivity level or range of power one wants to be able to record. Instruments used for official measurements should have been calibrated by an independent laboratory within the past year. Measurements should be taken and recorded by a qualified expert in accordance with recommendations made by the National Council on Radiation and Protection in Measurements (NCRP). Using the wrong instrumentation or operating the equipment under conditions other than those recommended by the manufacturer, may result in false readings. radiation: Any of a variety of forms of energy propagated through space. Radiation may involve either particles (for example alpha-rays or beta-rays) or waves (for example x-rays, light, microwaves or radio waves). Ionizing radiation, such as x-rays, carries enough energy to break chemical and electrical. bonds. Non- ionizing radiation, like microwaves and radio wa.ves, does not have sufficient energy to break chemical and electric bonds, Cellular telephone systems use non- ionizing electromagnetic energy. specific absolption rate (SAR): The time rate at which non-ionizing electromagnetic energy is imparted to a biological body, The SAR takes into account the power density, frequency, and size and orientation of the subject to allow calculation of a mass normalized rate of energy absorption, expressed in watts per kilogram (W/kg). wavelength The distance between any two corresponding points on consecutive waves (e.g., peak to peak distance), For example, ELF energy has wavelengths of thousands of miles, while point-to-point microwave transmissions have wavelengths of approximately four inches. 1 11 n,. 1. Symposium on Health Aspects of Nonionizing Radiation, Bulletin of the New York Academy of Medicine, Vol. 55 (11), December 1979, 2, Biological Effects and Medical Applications of Electromagnetic Energy, Proceedings of the IEEE, Vol. 68 (1), January 1980. 3. Gandhi, O.P., Biological Effects and Medical Applications of RF Electromagnetic Fields, IEEE Transactions on Microwave 'Theory and Techniques, 30(11) :1831 (1982). 4. Cleary, S.F., Microwave Radiation Effects on Humans, Bioscience, 33(4) :269 (1983). Petersen, R.C., Bioef feces of Microwaves: A Review of Current Knowledge, Journal of Occupational Medicine, 25(2)1103 (1983), 6. Lerner, E.J., The Drive to Regulate Electromagnetic Fields, IEEE Spectrum, Mo.ch 1984, p, 63. 7. Steneck, N,I3., Ed., Risk/Benefit Analysis: The Microwave Case, 1982, San Francisco Press, San Francisco, CA 94101. 8, Biological Effects of Radiofrequency Radiation, Report No. EPA- 600/8 -83- 026F, 1984, U.S. Environmental Protection Agency, NTIS Order No. PB85- 120848, 9. Steneck, 1 x.11,, The Microwave Debate, MIT Press, 1984, Cambridge, MA. 10. Biolo gic al E ff ec ts and Exposure Criteria for Radio � a q quency Electromagnetic Fields, NCRP Report No. 86, 1986, National Council on Radiation Protection and Measurements. Purchasing information: WCRP Publications, 7910 Woodmont Ave., Suite 1016, Bethesda, MD 20814. 11. Foster, I .R., and A.W. Guy, The Microwave Problem, Scientific American, to 255 (3)32 (September 1986). 12, Gandhi, O.P. , Biological Effects of Electromagnetic Radiation, IEEE Engineering ...... i .... 1 1458 (March 1987 . Engineering in Medicine and Biology, 6() ( ) 13. Yost, Michael G., Nonionizing Radiation Questions and Answers, 1988, San Francisco Press. Copies may be purchased from San Francisco Press, Inc., Box 6800, San Francisco, 94101-6800, NA ::2 i1 ru.1 14. Athey, T.J., et al., Radiofrequency Radiation Levels and Population Exposure in Urban Areas of the Eastern United States, Technical Report EPA- 520/ 2-77-008,1978, U.S. Environrnental Protection Agency, [NTIS Order No. PB 292 855]. 15, American National Standard Safety Level with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 300 kHz to 100 GHz, ANSI 095.1- 1982. American National Standards Institute, 1430 Broadway, New York, NY 10018. 16. Guidelines on Limits of Exposure to Radiofrequency Electromagnetic Fields in the Frequency Range from 100 KHz to 300 GHz, Health Physics, 54(1):115123 (1988). 17. Threshold Limit Values for Chemical Substances in the Work Environment Adopted by ACGIH for 1983 -1984; Radiofrequency /Microwave Radiation, American Conference of Governmental Industrial Hygienists (ACGIH), 1983. ACGIH, 6500 Gienway Ave., Bldg, D -5, Cincinnati, Ohio 45211. ! E.D. Mantiply, Population Exposure M UHF Broadcast 18. Tell. R A , and lr D. Marti 1 r Po liiatlDn to VHF to Radiation in the United States, Technical Note ORP/EAD 78-5, June 1978, U.S. Environmental Protection Agency [NTIS order No. PB 284637], 19. Curtis, Robert A., Occupational Exposures to Radiofrequency Radiation from FM Radio and TV Antennas, in Non - Ionizing Radiation. Proceedings of a Topical Symposium, 1980, ACGIH, Cincinnati, OH 45201. 20, Tell, R.A., A Measurement of RF Field Intensities in the Immediate Vicinity of an FM Broadcast Station Antenna,Technical Note ORP /EAD -76 -2, 1976, US. Environmental Protection Agency, (NTIS order No. PB 284 637], 21, Cleveland, R.F., Jr., and TM. Athey, Specific . Absorption Rate (SAR) in Models of the Human Head Exposed to Hand -Held UHF Portable Radios, Bioelectroxnagnetics, 'Volume 10(2), 1989. 22. Evaluating Compliance with FCC - Specified Guidelines for Human Exposure to Radiofrequency Radiation, OST Bulletin No 65, 1985, Federal Communications, Washington, D.C. 20554, NTIS Order No, PB86- 127081 Ra dio fi a q u enc - E_l,.e ..rc.._t. roma n eti c Fields, Properties, Qu antities u- antities .,and Unit s , Biophysical Interaction, and Measurements, NCRP Report No. 67, 1981. Purchasing information: NCRP Publications , 7 910 Wo odnont Ave., Sui t e 1016, Bethesda, MD 20814, 17 ;, t Ct. 90 RECEIVED PLANNING March 15, 1994 MAR 17 1994 Mark Roberts 13125 SW Hall Blvd, Tigard, OR 97223 Dear Mr, Roberts; r perty located at the south east corner of Yam representing Cellular One and the owner of the p Pfaffel Street asld Hall Boulevard, Tigard, (Tax Lot 1100, Map 1 � 1 � �� p + We are considering proposing a conditional use and site development review for a 100 foot wood pole tower, antenn, and equipment shelter at this location, We held a first information meeting on February 1, 1994 and appreciate the comments we received at that time. Prior to applying to the City of Tigard for the necessary permits, 1 would like to discuss the proposal in more detail with the surrounding property owners and residents, You are invited to attend a second meeting on: Thursday, March 31 Tigard City Hall 13125 SW Hall Boulevard Tigard, OR 97223 7,00 PM Please note this will be an informational meeting on preliminjo plans, A co py of the preliminary site plan is enclosed, These plans may be altered prior to the submittal of the application to the City, 1 look forward to nrt)re specifically discussing the proposal with you Please call me at 503/282- 9853 if you have any questions, Sincerely, John C, Spencer TIM r�tfi ::t'h 206 -t: r tT ...S4:4111 i r 42 mrT �+•p iY�: GAT. Keynotes Q� 1 1. 12' X 28` EQUIPMENT SHELTER — 336 SF IN AREA — SEE DETAIL 1/D1 FOR GROUNDING PLAN 2. 100` W00D POLE 3. 6' CHAIN LINK FENCE WITH 3 STRAND BARBED WIRE AND 16' GATE — SEE DETAIL 1/05 4. WAVE VIDE BRIDGE 5. EXISTING BUILDING TO BE REMOVED 6. GRAVEL YARD AND DRIVEWAY — SEE DETAIL 2/D7 7. REMOVE DAMAGED EXISTING FIR TREE 8. EXISTING DECIDUOUS TREE TO REMAIN 9. SHA ED ACCESS DRIVEWAY t:i:Ii i. Site Han : 1-= 20:0.• NIMBI DZIGN QOM RC IMO SW War P Suet 325 i Lake Cameo. Oregm r9'055- 60324+05 a •: FAXI5 34*O41T c [ succ cellular One Pfaf l Rcati- Site PI8I1` C 1 Site Site Review Set March I99- Date Sept SD2 of: Drawn by atecke i by: lob Nurnber: 9309: WEM WEM ULMER CES 04 GROUP. P t., 14-33. Ott t RIOITS RESERVED. Q werinc Keynotes 0-- TREES Acer rubrum 'Red Sunset' Red Sunset Maple — 2" Cot. B&B Thuja piicata 'Fastigiata' Hogan Cedar — 7 -8 B&B SHRUBS Cotoneaster 'Lowfast' LowfosL Cotoneaster — 1 Gal. Cont 3? O.C. Myrica colifornica L Pacific Waxmyrtle — 3 Gal. Cont.. Space as shown Mahonia aquifolium 'Compacts' o-- Compact Oregon Grape — 2 Gat_ Cont., Space as shown NOTE: All planting areas shall be irrigated utilizing a fully automatic underground irrigation system o+ Cellular One X317_..01-+ �� Proms ?far el Road Cell Site Sheet Title. Landscape Concept ?!an Date: January 28. 1994 Draw: by Checked by 3T Sheet 1.1 of - Job Number. 93085 700 .G5 AC. , as 900 .42 AC.1 20%65 PURPOSES ONLY ASSESSMENT ' 00 NOT RELY ON FOR ANY OTHER USE IS 1 3500 �➢Pi�I��y1Pw�{1".�I�Fij"y�3 iVYj�, tl4"i Iii�l.," !�l Y.. � ri1Q1�d1Mib'�AMi•a`�I'I�k�Q�1r � _,.. . a..,- ...........""'+'"`"r r�liygiMshr}�!r . L`1F�+ +fcd R �'�• � 1j1kildOttYy 6 04/29/94 16:07 e5037318259 Post.IP brand fax transmittal memo 767 ODOT - REGION 1 RECEIVED Ttgard'PlaAing Weartm ent .14 ii.rogam./. 4-000 LTsH ONE LOCATION: Southwest corner of SW Hal Bo u evar 'and SW faffle Street (M= 1S1 3SDA, tax lot 1100). The applicant ,rquesta approval for the following development applications: 1) 'Conditional Use approval to allow the constrUction of a cellular communications facility consiating of a 100 toot Wood pole tower and a 336 square toot equipment shelter; 2) Variance approval to the buffer area width requirement 'from 20 f et to 15 feat to allow the construction of a 10 foot wide access drive. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters and Sections 18,64.040, 18.100,035, 18.100.080, 18.100.030, 18.102, 18.106, 18.108.080, 18,113.130 (D), 18.130.0400 18.130.050 (18), 18.112.040, 18.134.050, 18.2500 and 18.164; Comprehensive Plan Policies 2.1.1, 4.2.1, 7.1.2, 7.3.1, 7.4.4, 8.1.10 and 8.1.3. ZONE: C-P (Professional Commercial) The C-P zone allows public agency and administrative services, public support facilities, business equipment sales and services, business support services, fihantial, insurance, and teal estate services, and Utilities among other uses. Attached iS the Site Plan and applicant's statement or 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 heed your comments by May, 1994. You may use the apace provided below or attach a separate letter to return your comments . jatable_tans_esjaorIsLbypjleaLogat410 plead° phone the staff contact noted below with your comments and confirm your comments in writing as soon as Possible. If ytu have any questions regarding this matter, contact the Tigard Planning Department, 13125 SW Hall siva., Tigard, OR 97223. PHONE: 639-4171. STAFF' CONTACT: yum2E,1122aKi ________ PLEASE CHECK THE PoLLOWING ITEMS TIAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of out offite. Please refet to the enclesed Written Comments: • EMMTE220_90mmENTs RECEIVED APR 2 1 1994 FROM: Tigard Planning Department RE: CONDITIONAL USE CUP 94-0003 CELLULAR ONE LOCATION: Southwest corner of SW Hall Boulevard and SW Pfaffle Street (WCTM 1S1 35DA, tax lot 1100). The applicant requests approval for the following development applications: 1) Conditional Use approval to allow the construction of a cellular communications facility consisting of a 100 foot wood pole tower and a 336 square foot equipment shelter; 2) Variance approval to the buffer area width requirement from 20 feet to 15 feet to allow the construction of A 10 foot wide access drive. APPLICABLE REVIEW CRITERIA: Community DeveLopment Code Chapters and Sections 18.64.040, 18.100,035, 18.100.080, 18.100.030, 18.102., 18.106, 18.108,080, 18.114.130 (D), 18.130.040, 18.130,050 (18) 18.132%040, 18.134.050, 18.150, and 18.164; Comprehensive Plan Policies 2.1.1, 4.2.1, 7.1.2, 7.3.1, 7.4.4, 8.1.1, and 8.1.3. ZONE: C-P (Professional Commercial) The C-P zone allows public agency and administratiVe services, public support facilities, business equipment sales and services, business support services, financial, insurance, and real estate services, and utilities 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 Ma, 1994. YoU may use the space provided below or attach a separate letter to return your comments. IlL101 are unable to ESISSOrIC.........thtjabOVO dat_sa. 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, 13125 SW Hall Blvd., Tigard, OR 97223, PHONE: 639-4171. STAFF CONTACT: Victor Adonri 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: \IA\ ?cd. NIL Name of Person Commenting: Phone NUmber: S 't• BEERELjpaSSIEENTEE RECEIVED APR 2 8 1994 COMMIJNITV utVELOPMEh, Tigard Planning Department tE: CONDITIONAL USE CUP 94-0003 CELLULAR ONE LOCATION: Southwest corner of SW Hall Boulevard and SW Pfaffle Street (WCTM 1S1 35DA, tax lot 1100). The applicant reqUests approval for the following development applications: 1) Conditional Use approval to allow the construction of a cellular communications facility consisting of a 100 foot wood pole tower and a 336 square foot equipment shelter; 2) Variance approval to the buffer area width requirement from 20 feet to 15 feet to allow the construction of a 10 foot wide access drive. APPLICABLE REVIEW CRITERIA: Community Devolvement Code Chapters and Sections 18.64.040, 18.100,035, 18.100.000, 18.100.030, 18.102, 18.106, 18.108.080, 18.114.130 (D), 18.130.040, 18.1306050 (18), 18.132.040, 18.134.050, 18.150, and 18.164; Comprehensive Plan Policies 2.1.1, 4.2.1, 7.1.2, 7.3.1, 7.4.4, 8.1.1, and 8.1.3. ZONE: C-P (Professional Commercial) The C-P zone allows public agency and administrative services, public support facilities, business equipment sales and services, business support services, financial, insurance, and real estate services, and utilities 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, we need your comments by Likay2,.., 1994. You may uses the space provided below or attach a separate letter to return your comments. If ou are unable to res nd the 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, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639-4171. STAFF' CONTACT: Victor Adonri 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: V■Agoote.47- RECEIVED APR 2 6 1994 mgpissasjitem_nrs DATE: A ril 21 1994 S.....X.WWWWW116 CeMMUNITY DEVELOPMENT •FIN011: Tigard Planning Department RE: CONDITIJNAL USE CUP 94-0003 WRThNCE VAR 94-0002 CEIJLUL\R ONE LOCATN: Southwest corner of SW Hall Boulevard and SW Pfaffle Street (MTN 1S1 35DA, tax lot 1100). The applicant requests approval for the following development applications: 1) Conditional Use approval to allow tile construction of a cellular communications facility consisting of a 100 fact wcod pole tower and a 336 square foot equipment shelter, 2) Variance approval to the buffer area width requirement from 20 feet to 15 feet to allow tho construction of a 10 foot wide access drive. APPLICABLE REVIEW CRITERXA Community Development Code Chapters and Sections 18.64.040, 18.100,035, 18.100.080, 18.100.030, 18.102, 18.106, 18.108.080, 18.114.130 (b), 18.130.040, 18.130.050 (18), 18.132.040, 18.134.050, 18.150, and 18.164; Cmprebensive Plan Policies 2.1.1, 4.2.1, 7.1.2, 7.3.1, 7.4.4, 8w1 L efit0 8.1.3. ZONE: C-P (Professional Commercial) The C-P zone 11ors public agency acid administrative services, public support Lacilities, business equipment sales and services, business support services, financial, insurance, and real estate services, and utilities among other uses. Attached is the Site Plan and applicant's state"itent for your retriew. From information supplied 1-iy various departments and agencies and from other information available to our staff, a report and reconuncridation will be prepetred 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 ltax_2, 1994. You may use the space provided below or attach a Separate letter to return your comments. If ou are unable to re2w1,35ULAiejabol,zoLsktat. 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, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 629-4171. STAFF CONTACT: Victor Adonri PLEASE CHECK THE VOLLOWINC 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 Person Commenting: Phone Number: CPO 4-M C/O Ward Rader, Chair 7617 S,W, Cedarcrest Portland, Oregon 97223 City of Tigard Planning Department Tigard City Hall 13125 S.W. Hall Blvd. Tigard, Oregon 97223 Casefile no. CUP 94-0003 Proposed conditional Use Permit to allow a cellular telephone antenna and 100 ft. tower at S.W. Pfaffle & S.W. Hall Blvd. Dear Planning Department: At a community meeting of Citizens Participation Organization 4-M on April 27, 1994, a motion was placed from the floor in response to the proposal that is being considered to erect a cellular telephone antenna and 100 foot tower at S.W. Pfaffle and S.W. Hall Blvd. Although the parcel of land being considered for a tower site is zoned commercial, the area is a residential community. As such a tower should be located in. a commercial area. Such a tower would be inappropriate at this site. Concerns include: 1) possible health impact (high-frequency, low-powered continuous-wave transmi6ions), proposed cutting and removal of existing large trees,,shrubbery,and vegetation that currently are a buffer between highway 217 and the residential area - -the buffer helps screen noiqe pollution (proposed shrubbery replacement would be less dense and restricted in height), and 3) the 100-foot cellularuantenna tower would not be compatible visually with the existing neighborhood. Therefore, we request that the proposed 100-foot tower be seriously evaluated ior location in a more commerical area and that an environmental impact report and statement be made on this project before further consideration. Thank you for your attention to this serious matter. We 4 would appreciate being put on your list for further discussion of this proposal. cc: City of Tigard Mayor _ City Council & Leader Commissioner Roy Rogers & CCI Re spec WARD RADtR, Cha man Citizens Participation Organization 4-44 CITY OF TIGARD, OREGON TO Mark Roberts FROM: Michael Anderson, Development Review Engineer, RE: CUP 94-0003 CELLULAR ONE Description: May 31, 1994 The applicant requests a Conditional Use Permit to allow the construction of a cellular communications facility at a triangular shaped site located at the southeast corner of SW Hall Boulevard and SW Pfaffle Street. The site is comprised of Tax Lots 1S1 35DA 1000, 1100 and 1200 for a total area of 0.12 ac, n0141: 1. STREETS: The site currently utilizes access from SW Pfaffle Street with two driveways. These driveways would be removed with the new site development proposed, and a new driveway constructed at the easterly end of the propenty, SW Pfaffle Street is a Minor Collector and SW Hall Boulevard is an Arterial as shown on the City Comprehensive Plan. SW Pfaffle street was widened on the north side of the street in 1990 as a City Capital Improvement Project, The street construction along the subject property was not included, but should be completed as a part of the proposed development, The applicant should be required to install the City standard half street improvements along the site frontage. In addition, a street dedication to 30 feet from centerline is required to comply with the Minor Collector street standards, SW Hall Boulevard is a State highway and has been improved to City standards with the construction of the bridge overcrossing of Highway 217, adjacent to the site No further street dedications or improvements are required for SW Hall Boulevard. Overhead wiring is located along the south side of SW Pfaffle Street and the applicant should be required to place these facilities Underground or pay the fee in-lieu of undergrounding. The street lighting constructed as a part of the above referenced project, is adequate and no further street lighting construction is required, 2. SANITARY SEWER: The site is ctrrently connected to the 8 inch public sanitary sewer line located in SW Pfaffle Street, The main line has sufficient capacity for the propoSed new development ENGINEERING COMMENTS CUP 94-03 CELLULAR ONE PAGE 3. STORM SEWER: The site currently drains to the existing ditch in SW Pfaffle Street that flows to a cross culvert located approximately 70 feet to the east. With the recommended street construction, the site and street drainage would connect to this existing system. The applicant should verify that the additional runoff does not significantly affect the downstream system. 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. Section 7.10b of the above noted Resolution and Order cites conditions under which the fee in-lieu may be accepted, Specifically, it provides, that if, "The site is small compared to the development plan, and the loss of area for the on-site facility would preclude the effective development.”, the fee may apply. It is our opinion that this site is consistent with this criteria, and we recommend that a fee in- lieu be required, Recommendations: PRIOR TO THE ISSUANCE OF A BUILDING PERMIT THE FOLLOWING CONDITIMAL SHALL BE SATISFIED OR FINANCIALLY SECURED 1, Standard half-Street improvements, includinv concrete sidewalk, driveway apron, curb, asphaltic concrete pavement, and storm drainage shall be installed along the SW Pfaffle Street frontage, Improvements shall be designed and constructed to one-half street standards and shall conform to the alignment of existing adjacent improvements or to an alignment approved by the Engineering Department, STAFF CONTACT: John Hagman, Engineering Department (639-4171), 2 Additional right-of-way shall be dedicated to the Public along the SW Pfaffle Street frontage to increase the right-of-way to 30 feet from the centerline, The description shall bo tied to the existing tight-of-way centerline, The dedication document shall be on City forms, Instructions are available at the Public Counter or from the Engineering Department, STAFIP CONTACT! Diane Uelderks, Engineering Department (635-4111). 3, Three (3) sets of dfatailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department, Seven (1) sets of approved drawings and one (1) itemized construction cost estimate all prepared by a Professional Engineert shall be submitted for final review mid approval (NOTE! these plans are in addition to any drawings required by the Building DiViSion and should only include sheets relevant to public improvements, STAVE' CONTACT: John Hagman, Engineering Department (639-4171), 4 Building permits will not be issued and construction of proposed public imprOveMentS Shall not coMmence until after the Enqifteerinq Department has reviewed and approved the public improvement plans and a street opening permit or construction compliance agreement has been executed, A 100 percent performance assurance or letter of ENGINEERING COMMENTS CUP 94-03 CELLULAR ONE • PAGE 2 7s LEG1B P L- - F ' . . , • •• r ' commitment, a developer-engineer agreement, the payment of a permit fee and a sign installation fee are required, STAFF CONTACT: John Hagman, Engineering Department (639-4171). 5. The applicant shall demonstrate that storm drainage runoff can be discharged into the existing drainageways without significantly impacting properties downstream. STAFF CONTACT: Greg Berry, Engineering Department (639-4171). 6. The applicant shall make an appointment for a pre-construction meeting with the City of Tigard Engineering Department after approval of the public improvement plans but before starting work on the site. The applicant, the applicant's engineer and contractor shall be required to attend this meeting prior to receiving the approved plans and permits. STAFF CONTACT: Michael Anderson, Engineering Department (639-4171) 7. The applicant shall pay the fees as established under the guidelines of Unified Sewerage Agency Resolution and Order No. 91-47. NOTE: This is a two part fee which is paid at different times. The first part is paid with any associated public improvements which is for that portion of the development which increases the impervious area within the public right-of-way. The second part is paid at Building Permit issuance which is for each individual lot. 8. The applicant shall place the overhead facilities underground along the site frontage of SW Pfaffle Street or pay the fee in-lieu of undergrounding. STAFF CONTACT: Michael Anderson, Engineering Department (639-4171) IN ADDITION THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE, THIS IS NOT AN EXCLUSIVE LIST 1. SECTION 18.160.180 Bond A. As required by Section 18.160.170, the subdivider shall file with the agreement an assurance of performance supported by one of the following: 1. An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; 2. A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated; or 3. Cash. B. The subdivider shall furnish to the City Engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance, C. The subdivider shall not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the City. ENGINEERING COMNittiTs CUP 54-03 CELLULAR ONE PAGE 3 • r „ , SECTION 18.164 STREET AND UTILITY IMPROVEMENT STANDARDS. Section 18.164.180 Notice to City Required Work shall not begin until the City has been notified in advance. If work is discontinued for any reason, it shall not be resumed until the City is notified. nt\ongineer\CUP94,-03,mja ENGINEERING COMMENTS COP 94-03 CELLULAR ONE PAGE 4 EBRERIMISEEMEE DATE: ril 21 1994 FROM: Tigard Planning Department RE: CONDITIONAL USE CUP 94-0,222_ VAR/ANCE VAR 94-0002 CELLULAR ONR LOCATION: Southwest cener of SW Hall Boulevard and SW Pfaffle Street (WCTM ISI 35DA, tax lot 1100). The applicant requests approval for the following development appLcationw: 1) Conditional Use approval to allow the construction of a cellular commUnications facility con...',sting of a 100 foot wood pole tower and a 336 square foot equipment shelter; 2) Variance approval to the buffer area width requirement from 20 feet to 15 feet to allow the construction of a 10 foot wide access drive. ,APPLICABLE REVIEW CRITERIA: Community Development Code Chapters and Sections 18.64.040, 18.100,035, 18.100.D80, 18.100.030, 18.102, 18.106, 18.108.080, 18.114.130 (D), 18.130.040, 13.130.050 (18), 18.132.040, 18.134.050, 18.150, and 18.164; Comprehensive Plan Pelicies 2.1.1, 4.23, 7.1.2, 7.3.1, 7.4.4, 8.1.1, and 8.1.3. ZONE: C-P (Professional Commercial) The C-P zone allows public agency and administrative services, public support facilities, business equipment sales and services, business support services, financial, insurance, and real estate services, and utilities 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 b 1994. You may use thc space provided below or attach a separate letter to return your comments. If ou ate unahl.9.-152-1M01413EthUgaltl..&194 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, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639-4171. STAFF CONTACT: Victor Adonri PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to Please contact our offiee. Please refer to the enclosed letter. Written Comments: CITY OF TIGARD, OREGON • , Planning Department FROM: Maintenance Services DATE: April 25, 1994 strn7EcT: Conditional Use CUP 94-0003 Variance VAR 94-0002 Below are the comments/concerns from Maint=ance Services in regrrds to the above mentioned Conditional Use and Variance for Cellular One: PARKS, Floyd Peoples, Extension 340 IkandScape Concept plans ok! I agree with the State Forester on removal of 36“ Douglas Fir tree. STREETS, Bob white, Extension 336 Sheet 4 shoWs eight foot fence while narrative and sheet two refer to six foot fencing. kathy\ciii) 94-0003 R EC Pi"F APR 2 6 1994 EmemEgasmana FROM: Tigard Planning Department RE: CONDITIONAL 4SE CUP 94-0003 LOCATION: Southwest corner of (WCTM 1S1 35104, tax lot 1100). following development applic the construction of a cellu foot wood pole tower and approval to the buffer a allow the construction CRITERIA: Community 18.100,035, 18.100.0 (D), 18.130.040, 18.164; Comprehe 8.1.1, and 8.1. allows public facilities, services, fi among other V 7NCE VAR 94-0002 CELLULAR ONE Hall Boulevard and SW Pfaffle Street The applicant requests approval for the ions: 1) Conditional Use approval tr allow communications facility consisting of a 100 36 square foot equipment shelter; 2) Variance a width requirement from 20 feet to 15 feet to f a 10 foot wide access drive. APPLICABLE REVIEW evelopment Code Chapters and Sections 18.64.040, 18.100.030, 18.102, 18.106, 18.108.080, 18.114.130 .130.050 (18), 18.132.040, 18.134.050, 18.150, and ive Plan Policies 2.1.1, 4.2.1, 7.1.2, 7.3.1, 7.4.4., ZONE: C-P (Professional Commercial) The C-P zone agency and administrative services, public support siness equipment sales and services, business support ancial, insurance, and real estate services, and utilities SOS. Attached is th Site Plan and applicant's statement for your review. From information s .plied by various departments and agencies and from other information av lable to our staff, a report and recommendation will be prepared and a decisio will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by kleta, 1954. You may use the space provided below or attach a separate letter to return your comments. JI_IoLax.e.unable tp resoontja the above date please phone the staff contact noted below with your comments and confirm your comments in writing as soon as have any questions regarding this matter, contact the Tigard Planning DepartIut SW Hall Blvd., Tigard, OR 97223. PHONE: 635-4171. STAFF CONTACT: Victor Adonri PLEASE C 11 ECK THE FOLLOWING ITEMS THAT APPLY: 10/ 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 Person CoMmentingt Phone Number: • • I - • 1- • 4 . Int NM MI SIN EMI CM 8111 The only difference between cellular systems and wireline telephones companies is the wire. A cellular telephone system is a series of cell sites linked to a "Mobile Telephone Switching Office." A cell site is a telephone transmission facility that uses FM radio signals to transmit conversations and data to the mobile or portable phone user, (Attached is a drawing that shows how a cellular system works.) Cell sites are required to transfer (handoff) the voice conversation from one cell site (Base Transmission Station) to the other, allowing the user to maintain the conversation as they are moving through the cellutNar system. Cell sites are connected by digital microwave and landline services. The telephone lines allow the cellular user to talk through the Public Switched Telephone Network (PSTN). Microwave is used toincrease the cellular system's reliability factor and provide a Idundant network. Microwave cannot be cut by contractors or destroyed by weather facto' i. This allows for the continual use of the system should the conventional phone system disrupt public service for any reason (i.e. earthquake, tornado, flood). All cell sites are connected to the Mobile Telephone Switching Office (MTSO) and its software processor using the conventional telephone system and microwave. The cell sites communicate with the MTSO and each other by transmitting information on the user, conversations and data The MTSO is the heart of the system that controls all of the intelligent network switching. The current development of cellular systems for r }� personal commu- nications requires a variety of structures to be utilized in the design and construction of a cell site. w i hott ►It sty other tilki (n thi notiojek And tha mobilo unit to irkt h to the' sttohga# ilgfat ovl�tybta • Every responsible step is taken to mitigate the impact of cell sites Cellular telephone technology is so, new that most local laws have not specifically addressed the topic. Some city and county land use ordinances treat cellular facilities like a utility, institutional use, commercial radio facility or a major power facility; other localities have handled the industry on a case by case basis. The typical cellular telephone facility (or "cell site ") consists of mounted antennae (either tower supported or placed on an existing facility) and housing (usually a structure twelve feet by twenty- eight) for radio and computer equipment, Every reasonable step is taken to mitigate the impact of cell sites. In urban areas, existing buildings are used whenever possible; in rural areas, cell sites are located in a manner that minimizes ground level visual impact. In those jurisdictions which treat cellular facilities like a utility or institutional use, a building permit is obtained and the facility constructed. Where local law requires a permit or zoning variance, the procedure is more complex. Typically, a hearing examiner -ks at the site plan, reviews mitigating actions and goes over safety and policy related considerations. Inconsistencies in the law can result from the following situations: I Y Unclear standards of review and the absence of an underlying philosophy regarding cellular telephone facilities leaves a great deal of discretion in the hands of stall 2, Absence of a decision recognizing the necessity of cellular Y Y i telephones and allowing the establishment of facilities in a prompt and speedy mariner. 3, Tying cellular facilities in with other facilities (such as broadcast television) which are quite different and require other standards of review. 4, Recognition of the fact that the issues of radio fyfequency emission levels and aesthetics are often overstated and should not constitute grounds for denial, An ideal ordinance would recognize cellular telephony as an emerging and necessary component of the public communications system. Provisions should be included that will allow the speedy permitting of facilities so as to accelerate construction, Appropriate grounds for approval should include review of the site plan, establishing reasonable mitigating conditions, time lines for approval and a reasonable public hearing process. 1 1 1 1 1 1 1 1 1 1 e With the increase of cellular users comes the increase of cellular sites. I141cCf ' CELLULAR COMI1Uhlicl rriOMS, INC Cellular communications has a bright future. It is expected that by the year 2000, one of every five Americans shall be a cellular telephone user. A nationwide system will allow calls to be placed to or from a person anywhere. Cellular devices shall clntinue to shrink in size and will be capable of many more things. In the not too distant future, the cellular user will have a portable device that will go anywhere. The "new" telephone shall be full featured and fit into a breast pocket. Customers can expect to carry and operate their telephone in the home, car and office. Voice dialing (oral commands to the telephone) exists today and is anticipated as a standard feature within the next few years. Mobile telephones currently have a computer and fax machine linkage capacity, with portable telephone to follow the future. One of the first major changes in cellular as we know it shall be the shift to digital technology. The currently existing analog telephone system sends voice data by electronic impulse. A digital system is much like a computer, data is coded into a series of numbers and is decoded and turned into voice at the receiving end. Digital technology shall increase the calling capacity of currently existing cell sites by three fold. The new technology offers clearer inception and greater security. Digital also increases the capability of transmitting data by cellular telephone inclu ding faxing capabilities. With the increase in cellular users comes an increase in the number of cell sites: Expanded coverage and ex p anded use shall result in more but smaller cell sites. Cellular telephone technology works on a principle of radio fiec uenc y reuse. The same 1 y frequency can be used by multiple cell sites so long as their service areas do not overlap this requires lower cell sites covering a smaller area. Ultimately, cell site shall be located on telephone poles with a small amount of radio equipment enclosed in a large box about the size of an electrical transformer, Putting such a system in place will require new approaches to cell siting laws so as to insure that the needed facilities can be quickly installed. Blanket exemptions would be of great assistance in providing a service to the greater community. It is expected that cellular communications shall play a larger role in emergency management, Certain fire departments use fax machines attached to cellular telephones, when a fire breaks out copies of building plans can be transmitted from the appropriate city office to the site of the fire. Emergency vehicle employees can receive important health records through cellular fax machines. All of this should be commonplace in the next few years, Monopoles are more aesthetically pleasing and hide coax wire that runs inside poles. A cell site is chosen based upon the system engineer's direction, Each cell site placement is critical to the other, establishing a grid pattern that eventually will have cell sites approximately one (1) mile apart in urban areas. A cell site may be placed around a variety of structures. The following are those types of structures available for cellular buildout: Existing commercial or residential structures that meet the height requirement of the system design engine i,; These may include office bt +ldings, apartment buildings, water towers, grain elevators and existing st uct rally sound towers. They can be utilized in two separate ways. a) Place a prefabricated building next to the structure and attach the antennas to the rooftop. This is done by running the coax cables along the exterior of the building in a chase system that is designed to match the exterior of the building. ') Build out a space in the building (office or apartment). Run the coax through a chase system and elevator shafts and connect the antennas to the rooftops. a i. c) Advantages No tower or monopole is required. d) Disadvantages .. Once the site is required to be lowered, the building must be abandoned. If no other buildings of a lower elevation are available in the area, independent structures must be built. Monopoles A monopole is a single pole used in heights from 60 feet to 150 feet: The monopole it designed for limited structural load factors, Monopoles are utilized for areas that have minimal land available (i.e. landlord will only lease a small portion of his property). The base of a monopole is from forty (40) inches to seventy -two (72) inches in diameter at the base, a) Advantages Monopoles are more aesthetically pleasing and hide coax wire that runs inside pole. b) Disadvantages - Cannot lower site antennas and pole without major redesign. A monopole comes in two (2) or three sections. if the antennas need to be lowered because of a redesign of the system a new pole must be placed or the existing structure must remain. when the antennas roust be lowered, the site will be completely turned off and then reconnected to restore customer services. The structural sway designed into a monopole is three to five feet due to wind loading. Therefore, microwave cannot be placed higher than that area which would cause a loss of signal because of the sway. • 1 1 1 1 1 1 1 1 1 !to si • TYPES OF STRUCTURES REQUIRED cont. n Lattice Towers - Lattice towers come in two forms, guyed and self- supporting. The maximum height for a self - supporting tower is 200 to 250 feet, for cellular use. A guyed tower allows for greater height and is typically used in rural areas which require greater coverage and limited number of cell sites. a) Advantages • Self - supporting are constructed in 20 -foot sections; can lower antennas with ease; greater flexibility; minimal sway to allow for microwave dishes at any level; the cost is, approximately one-half to one - third of a monopole b) Disadvantages - Not as aesthetically pleasing to the eye; more ground area required at the base (25' square for a 250' high tower -10' square for a 100' high tower). Antenna Separation is a requirement for the cell site to operate properly. cCRIATE C81.1.01.11111 C®1 1( NliC 'lions, 1P C+ Antenna Separation is a requirement for the cell site to operate properly The antennas must be separated approximately six to eight feet apart. This is called "Diversity Reception." This diversity is needed on the receive antennas so they will always receive an optimal signal from the mobile telephone. A. receive antenna is typically a whip or panel antenna. A whip antenna is ten feet long and two inches in diam'ter and panel antennas differ in shape. Diversity Reception is the reason you see the antenna at the ends of the triangular platform. ':1 ID 0 1 1 1 1 1 1 1 1 1 1 MCCAW CELLULAR COMMUNICATIONS McCaw Cellular Communications, Inc., is the notion's largest cellular telephone operator and one of the largest radio paging companies providing convenient, quality communications to over a half million U.S. customers. McCaw operates in more than 125 major metropolitan markets and in over 600 cities in 27 states across the country. CORPORATZ HEADQUARTERS McCaw Cellular Communications P.O. Box 97060 Kirkland, WA 98083-9760 5400 Carillon Point Kirkland, WA 98033 (206)8274500 History 1937 - McCaw family began in radio business, eventually owning and operating more than ten stations in markets that included: New York City, Denver, San Francisco, Honolulu and Seattle. 1950s - McCaw moved into television. The company started w'th stations in three markets. 1952 - McCaw began the move into cable television, eventually becoming an industry leader with cable systems in 12 states serving over 460,000 subscribers. 1973 - Craig McCaw assumed leadership of the family shoes. 1974 - McCaw moved into paging business in two markets before expanding. 1982 McCaw was one of the first to apply for cellular license approval. See map for current markets. 1987 * McCaw family sold the cable televisio..; business to concentrate on paging and cellular communications. 1989 - McCaw engaged in a successful bid to acquire Lin Broadcasting, effectively laying the groundwork for a coast-to-coast cellular link. • . , CORPORATE OFFICERS Cra,,g McCaw Hal, Eastman John McCaw Rufus Lumry John Chappel Mark Hamilton Cal Cannon Develr Don Peter Currie Chairman & CEO President Executive Vice President Executive Vice President & CFO Executive Vice President/Operations Executive Vice President/External Affairs Senior Vice President/Acquisitions & Senior Vice President & Treasurer Senior Vice President/Finance NUMBER OF EMPLOYEES t. e`er air systems divide the broadcast area into small cells EL I rk Cellular radio telephone service is officially called "Domestic Public Cellular Radio Telecommunications Service" by the Federal Communications Commission (FCC) which granted authority initiating and regulating this service. It is universally referred to simply as "cellular." Cellular represents the combination of a portion of the radio frequency spectrum with sophisticated switching technology that is capable of providing mobile or portable (hand held) telephone service to .virtually any number of subscribers in a given area. The transmission quality is comparable to that provided by conventional wireline telephones, and the same dialing capabilities and features available to wireline users are available to cellular users. Cellular was assigned operating frequencies by the FCC in the 800 to 900 megahertz (MHz) range, These are well above frequencies utilized for AM or FM radio and television broadcasting which when combined with the very low power level of cellular transmissions, eliminates any possibility of interference to radio, television or other electronic devices. At the high frequencies cellular transmissions are also more sharply weakened and deflected by obstacles in their path, For this reason, cellular transmitting and receiving antennas are always located on towers or atop buildings where they have cleaki line of sight signal paths to mobile and portable cellular phone users. The cell site is a cellular communications site which is the basic building block of the cellular system. It contains the elevated transmitting and receiving antennas, cellular base station radios, and interconnect equipment. This equipment is used to interface the radio signals sent and received from cellular phones to interconnect facilities for further ° routing through the centrally located Mobile Telephone Switching Office (MTSO) to the wireline telephone network. The basic concepts behind the design and layout of a cell? radio telephone system network ate those of the cell and the ability to use : i simultaneously in different cells. Typical the same radio frequencies _ _ . � _ .. television or radio broadcasting utilizes one transmitter location covering �. u: an entire metro.. olitan area and relies extremely tall towers transmitting at high wer levels yes on ex g � I✓ � � � By contrast, cellular systems divide the broadcast area into small cells (hence the name cellular ") and use multiple transmitter /receiver (cell sites) locations: A�, Now Coils Origin& Golf This diagram shows the cell structure of a typical urbar rellular system. The grid point locating the ideal cell site is based on the topography of the cell. The benefits of the cellular approach are significantly lower power levels and lower tower heights. The geographical area served by an FCC licensed cellular system is restricted to one or more urban counties comprising a Metropolitan Stadstical Area (MSA) or a group of contiguous rural counties termed a Rural Service Area (RSA). The FCC has designa,ed two blocks of radio frequency spectrum providing 416 channels each or cellular service as only two licenses are granted by the FCC in each MSA or RSA market. The goal of the cellular system concept is to rnultiply.the number of radio channels available for use in each geographic area by shrinking the size of the cells and re-using the channels at close distances. System configtration and channel allocation among cell sites must be designed for channel reuse in order to serve cellular subscribers using the FCC limited number of channels. In the early stages of cellular development this was accomplished utilizing a few large cells with cell sites occupying hilltops and reqtrising tAl towers for maximum area coverage. As the cellular subscriber traffic demand increases, these cells are each replaced by a cluster of smaller cells utilizing lower antenna towers and lower power, The available channels are then reallocated and reused among these new cells according to the distribution of subscriber traffic demand, thereby adding system capacity. This cell division will continue as the demand for cellular service continues its present rapid growth. Soon cell sites will be spaced under two miles apart with antennas nested on 60 foot utility poles or four story buildings instead of present 200 foot towers. Cellular technology utilizes a.grid system to located the ideal cell site within each grid. The grid point locating the ideal cell site is based on the topography of a cell. Local terrain features will distort the grid where they introduce variations in the normal iine-of-Aght, radio signal path. The grid point is selected to maximize the ability of the system to simultaneously use the same radio frequencies in different cells without interference. However, in order to maximize the use of each frequency, the transmitter must be located within an area less than one mile from the ideal grid point. As the grid point may be located in the middle of a lake, highway, or other inaccessible locations, the job of finding a suitable cell site is difficult. If a site cannot be located within the three-quarter mile radius of the theoretical grid poirit or "search area," the cell must be split into sub-cells. Each sub-cell would then require a separate cell site location to provide the geographical coverage equivalent to the original theoretical cell pint. The site physical characteristics are also approved by other engineers. Cell Site Once the theoretical grid point is established, site acquisition personnel begin evtluating properties within the search area to locate the optimum cell site. This property must be of adequate size io contain the elevated sructure upon which the cellular radio antennas and interconnecting cell site radio link antennas are mounted and space for the 350 square foot shelter housing the cell site electronic equipment. The cell site property search follows a set order of location preferences based upon a desire to maximize the cell site's compatibility with surrounding land uses and zoning codes. These location preferences are listed below by priority. 0 Existing broadcast/communication tower structures Existing water towers Existing high rise office, commercial and industrial buildingswhere antennas can be mounted on the rooftop and electronic equipment within. ri Bare/open land zoned for industrial, commercial or public utility use which could be leased or purchased. Ei Property with the least residential population density and/or property that will provide natural screening to the public at large. Each site must also be determined to be technically feasible for covering the cell based upon engineering elevation requirements and actual signal strength measurements made from a temporary test cerular radio transmitter and antenna placed at the site. The site physical characteristics are also evt.h:ztzd and approved by surveyors, soils testing, title search and field investigation by architects and civil engineers who will prepare final site and building plans. As a public service utility, tirne is of the essence in the construction and electronic installation required to bring new cell sites on the air. Initial to this a signed lease must be obtained prior to filing for required zoning and building permits. Acquisition of these permits may take six months r)r more in some local julisdictions. Upon their receipt construction begins immediately, lasting up to two months depending upon weather conditions and availability of special materials. If not available at the required site electric power and telephone lines must be extended by local utility and telephone companies via non•exclusive easements or rights of way which also must be secured, During the two weeks following construction, the radio and interconnect equipment is installed and tested, The site is then placed on the air and technical adjustments may be made frequently by technicians within the next four weeks, Following this the cell sites are operated with the following considerations for minimal environmental impact; 1 1 1 1 1 1 1 1 m CELLULAR S7STEM DESIGN cont. 4 Cellular radio transmissions are made at very low power levels producing no harmful effects upon the health or safety of persons 4// standing or living nearby. 'N.-- El Cell sites do not interfere in any way with television, radio, pacemakers or other electronic devices. v Cell sites have no effect on ground water supply, water or sewer systems as sanitary facilities are unnecessary to their operation. ?.osion control measures including providing proper storm water retention and prompt reseeding of cleared areas are taken to prevent any degradation of the land during and after construction, Cell sites create no adverse effect on road congestion and once in normal operation the only traffic visiting the site is for routine maintenance or emergency repair which occurs typically under three times per month. El Cellular towers pose no threat to navigation as each is registered and approved by the Federal Aviation Administration with few towers being of sufficient height to require painting or lighting. Neither do they pose a h azard to migratory birds which traditionally fly at considerably higher elevations, 'Where are no offensive noises or odors emitted by cei�! sitos. The antennas emit no noise even in high wings, and any sound emitted by the transmission equipment is confined to the building interior. El The towers are structurally designed based on ANS ►/EIA- 2221E and Uniform Building Code standards to withstand the highest wind speeds with adequate safety margins of each local area. They are also equi by Merle Cox .The extremely low level of radiofrequency, electromagnetic emissions of cellular telephone base stations (cell sites) produces no harmful clects upon the environmental health or safety of persons living directly beneath or nearby cell site ant6nnas. By contrast the extensive utilization of cellular telephones by fire, police, ambulance, and other emergency services for both voice communications and transmission of electrocardiogram anr4 other medical data have made major positive contributions to public health and se' • , • •. ,•• Despite these facts, the recent increased public interest and concern regareng potential health risks from electromagnetic radiation has been misused as an effective emotional issue by ad hoc groups attempting to stop construbtion of needed new cell site facilities. These groups claim cellular transmissions will cause cancer, sterility, cataracts and various other medical disorders. Such claims are typically supported by sensationalized popular media stories or out-of-context quotes emphasizing worst-case scenarios from legitimate scientific research studies. Most significantly, the testimony of these groups ignores or is unaware of the large magnitude of difference between the very low radiofrequency emission levels of cell sites and the high intensities required to produce biological effects. Such confrontations over health risks occur most frequently at public hearings required by local government planning officials within the process of granting the necessary zoning and building permits for new cell site construction. Here the presiding planner or planning commission must decide within the "public's best interest," between the scary health risk claims of cell site opponents and body of sciendfic evidence refuting such claims. This decision, vvhik, clear cut to communication engineers and epidemiologists, is considerably more difficult for planners or planning commissioners whose professional area of expertise seldom includes study of or familiarization with the scientific literature on biological effects of radio frequency electromagnetic emissions. To make responsible and documentable land use decisions regarding cell sites where health issues are raised it is, therefore, important that planning professionals understand certain basics concerning radiofrequency emissions and biological effects thereof. This is within the public best interest not only to allow necessary expansion of cellular telephone utilities along with other public utilities but to prevent the unfounded health scare tactics of some, from escalating to alarm communities at large. The following discussion of radiofrequency electromagnetic emission characteristics, biological effects and safety standards will hopefully provide these basics Radiofrequency Electromagnetic Emission Characteristics Radiofrequency electromagnetic emissions or radiation consists of waves of electric and magnetic energy moving together through space at the speed of light. Each electromagnetic wave has associated with it a wavelength and frequency which are inversely related by a simple mathematical formula: (Frequency) times (wavelength) the speed of light. Since the speed of light is fixed, electromagnetic waves with high frequencies have short wavelengths and waves with low frequencies have long wavelengths. The electromagnetic "spectrum" includes all of the various forms of emissions from extremely low frequency (ELF) radiation from electric power lines to X-rays and gamma rays with very high frequencies and correspondingly extremely short wavelengths. In between these extremes lie radio waves, infrared radiation, visible light and ultraviolet radiation. Radiofrequency emissions lie within this "spectrum" between about 3 kilohertz and 300 gigahertz. One "hertz" equals one cycle per second. A kilohertz (KHz) is one thousand hertz, a megahertz (MHz) is one million hertz, and a gigahertz is one billion hertz. The diagram below illustrates the position of radiofrequency emissions within the electromagnetic spectrum. Increasing Frequency — 1 Hz 1 kHz 1 MHz 1 GHz 1012Hz 1015Hz 1018Hz 1021Hz Electric Power (ELF) Radio & TV Infrared Ultraviolet X'Rays Visablo Light Beside cellular telephone applications, familiar uses of radiofrequency energy include AM and FM radio and television broadcasting; citizens band, marine, aircraft, public service mobile, amateur, point-to-point microwave, ground-to-satellite, cordless telephones and other telecommunications services; and various industrial, medical and consumer heating and sealing uses including home microwave ovens. All radlofrequency emissions are of the "non-ionizing" type, That means their frequency and resulting energy level is well below that required to ionize atoms and molecules which would lead to significant genetic damage in biological tissue. Only X- rays and gamma rays at extremely high frequencies (above visible light) have sufficient energy to be Ionizing." it is important these terms "non-ionizing" and Ionizing" not be confused. The commonly used unit for expressing and measuring radiofrequency electromagnetic emission levels is "power density." Power density is measured in terms of power per unit area. For example, microwatts per square centimeter (uWicrn2). Cell site radiofrequency emission densities typically range from a maximum of 2.2 uW /cm2 directly beneath an 80 foot high antenna tower to under 1,0 uW /cm2 beneath a 180 foot high tower. These levels drop in half at a distance of 70 feet from the tower base. They are based upon all 22 channels transmitting simultaneously at maximum FCC allotted power levels. Cordless telephones by comparison emit approximately 34 u1N /cm2 six inches from one's head. This level which often bombards teenagers for hours at a time is 15 to 30 times greater than cellular transmissions. Biological Effects of Radiate( uenor Electromagnetic Emissions There is nn extensive body of literature published concerning biological effects of radiofrequency emissions. It is well documented that high intensities of radiofrequency energy can be harmful due to heating which occurs within biological tissue. This principle is used for cooking in microwave ovens where densities on the order of 100,000 uW /cm2 are used. Researchers conclude the level at which these harmful thermal effects to the human body begin to occur range from 10,000 to 28,000 uW /cm2 which is 5,000 times or more greater than cellular radio emissions. In addition to intensity, the frequency range of radiofrequency emissions is important in determining relative hazard. At distances of several wavelengths from an emission source, whole -body absorption of radiofrequency energy will occur at a maximum rate within the body's "resonance" frequency of 30 to 300 MHz. Cellular transmissions occur well above this range at 800 to 900 MHz. A large volume (over 6,000) studies have been conducted in attempts to identify any non - thermal effects of radiofrequency emissions. These studies termed "low level" by definition y . were conducted below thermal effect power densities with the most widely reported being between 1,000 and 10,000 uW /crn2. While some potential effects in anirnals have been observed at these densities the evidence remains inconclusive and somewhat confusing. It is however possible that some non - thermal mechanisms exist that could cause harmful biological effects in animals and humans but this remains to be proven, It is important to note that cell site opponent groups usually rely on the more controversial of these "low level" non - thermal effect studies to allege cellular transmissions are hazardous. They, however, fail to understand or ignore the magnitude of difference between the 1,000 to 10,000 uW /cm2 "low level" densities at which these studies were conducted versus the 1,000 times lower 1,0 -2.2 uW /crn2 radiofrequency emission density levels of cell sites, Therefore, even the most serious potential effects found by these non - thermal studies would still be insignificant at cell sites power levels. Radiofrmierivi Electroma netic Emssion StaSaf Standards Presently there is no official, mandatory federal standard for protection of the public from exposure to radiofrequency electromagnetic emissions. A number of organizations with scientific expertise plus several states, counties and cities have issued standards which are as follows: 1 Standard at Cellular Radio fmtiocies 1. American National Standards Institute (ANSI) 2. Federal Communications Commission 3. State of New Jersey 4. National Council on Radiation Protection (NCRP) 5. State of Massachusetts 6. Multnomah County, Oregon 7. ling County, Washington 8. City of Seattle 9. USSR (40-300 MHz) 10. Environmental Protection Agency (EPA) 2,800 uW/cm2 2,800 uW/cm2 2,800 uW/cm2 560 uW/cm2 560 uW/cm2 560 uW/cm2 560 uW/cm2 560 uW/cm2 25 uW/cm2 280, 560, 2,800 or no Standard 1) At 30-300 MHz these levels are reduced, Le. ANSI is 1,000 uW/cm2 While no consensus is evidenced by these standards it is a very clear that cellular transmissions with emission levels of 1.0-2.2 um2 are many jimes below even the most restrictive standard. It can be seen that while some agoncies adopted the original ANSI standard set in 1982, others applied a safety factor dividing by 5 the ANSI level. These adjustments were in part based upon possible non-thermal biological effects in the 1,000 uW/cm2 density levels. Also noteworthy is the heavy criticism among western scientists of Soviet Union research leading to their most restrictive standard. Recent (1989) information exchanges with Soviet scientists on this subject indicate upward adjustments to the standard may be forthcoming, Moreover it is apparent this standard is not well enforced based on the recent proliferation of very strong amateur radio signals from the USSR whose power levels clearly exceed such standards. 1 r ' • w Conclusion Cellular radio, cell site radiofrequency electromagnetic emissions are so far below any documented levels producing hazardous biological effects (thermal or non-thermal) and all recognized safety standards that they constitute no hazard to public health or safety. Responsible local government planning officials should therefore refute and/or disregard any allegations of such hazard in making environmental impact, zoning, building permit or other land use decisions necessary to the construction of cell site facilities. McCFnAr CELLWAR COMMUNICKTIONS, INC. 1:.i',-":'..'....-'..:-', 1.,'•-="°.1,',.';''''..-4'..."'";'....1.''' : .:''' ''',.='''';'''' .'' .. "..."" ...".1.1i'' .-Y.'1',;..,..'.... '''•''' ',' . '.',.1,'"::` = '''',.;'== .",1',",- ',....,...." „:`,.,.':.',",;.,',-,=-'''. --..=',,,;.;:q ',..;,',=,,': .-.,,,='!'-.7 - .I.,' ==-4.!;',:',..',.',.,;=,,,,',-=‘'',',.'-',:1,;', ,'-'1.:1''''''.., .4., l'..,,,'`..1',' h-... Density (uW/cr-n-2) I ,..,„ .., .,... ,,.. n ■ „ .i! i . " r .......4 ,4,4•A 4 . CNol 1 .. .,.,. .„. • I .1 1 1 ..,.,!,,,:, .141 . ••• : G.) ,-;,,,4., 1 1 . -- ...,,.:.. 1 1 I i 1 1 . , 0...o aim f' 1 1 1 i s•.; 1) °:.'•''.::::' „ . , .• . „ . 1 (Le:7;J . . .... ,.,,,,,, 9 . ri 1 , i ... , 'A, . • , 4 ■ ... , ■ r 1 . I • I 1r2q • . I. ', . I . 0 , I , i'.. '141.1'4 •': ", .,,,n0;‘ .,' ' I I 1 1 '411'"Ill 1 ,,..,:;,„'rt,•.:,..,:,,..,,,. a. § — 0,,o. . • , - , ?Pia< . ......, .,.„:„.. „....„,, 12) ,,,,, • - ••• ' , • . , I I , „ ,,,, — •• 4 ,.:,,,,, ;,,■,.:,. ', ..;" ':..: i '''' '*'" " % I "' • ■ " r • • ... .1. ic'," 1 I • r • i I ("ID .!:::::'• ,;"' \..':...; I' r ,, ,,,. ., , 11' . e , .,..,, . 4 ■ , , .1 (2) ., . k ,,, ', • ''' . .,. 4 . . . 1 1 .,,, .., — •..„,„ I ''' ' :',.■,.%,' • ;e:::',.,1, ',' ,• , .., 1 „r„ , ..,,,, . , , . , . . . . . , . 1 '•:,', .:;.;;;,..,":''.',:::":;',,i ,...,. ,.. , . . ›. ...... , , .■ , „ . . . ., . • . 1 t': ''..,'', '; 1 '.t,:,..',, ,•-.,,,'", ' 4.1.,' I ' I }waWiftl Cie) ',■it.''.. 0 • s ' r • , ':'..k.' '7, .4 '''.'■ :''' ' t:i 21 « , =, ..,,, .= ,• ,:.,,, ',I , = 1 , - ,. • .. , ..., , . ,., ki.1-4.:":,-,''.,'.`,' .=',1'......',.%-, ''',' .-..".=;.."i., 'I. L'4,''.'i:',:'=='=';.=''' 'i'...'==.,;',.',''''',:.;i=',.:'`'''=-...,=*'''., •''.- :I.'," '..,," '=', ..,"=';',,,s,i' l'°.1,..-='''1,.....:".1.....::-.,i1=,'.;4‘';...;,-fT's .4t.,=',''.'..*:",=''' :......,::=0'": '......'..'," i'....:,'",': :=1..=:f.''.1 ',''''', :•.-...''''=,.!'■ ;'.....;11.7='' •.:=='''.;.,;'-',..' i'.,1';';';'5=:1,'....4.'',',.t, ,''''..... ...'''l '.',:.*: • =.;4 ' ; ,.= =:.:!.= ; '..':. : ,..'=',.='="=:' POWER DENSITY COMPARISON Product RodkAitg R.F. PROPOSAL DESCRIPTION FILE NO: CUP 94-0003 / VAR 94-0002 FILE TITLE: CELLULAR ONE Ov/SCHREPPERMUIMMit, Cellular One 1600 SW 4th Avenue Portland, Oregon 97201 0. Schaeffer M. Munch 14520 SW hull Mnt. Rd, Tigard, Oregon 97224 Applicant request approval for the following development applications: 1) Conditional Use approval to allow the construction a cellular communications facility consisting of a 100 foot wood pole tower, and a 336 square foot equipment shelt r; 2) Variance approval to the buffer area width requirement from 20 feet to 15 feet to allow the construction of a 10 foot wide access drive. APPLICABLE REVIEW CRITER/At Community Development Code Section 18.64.040, 18.100.035, 18.100.080, 18.100.130, 18.102, 18.106, 18.108.080, 18.114.130(D), 18.130.040, 18.130.150(18). 18.132.040, 18.134.050, 18.150, 18.164 and Comprehensive Plan Policies 2.1.1, 4.2.1, 7.1.2, 7.3.1, 7.4.4, 8.1.1, and 8.1.3. LOCATION: Southwest corner of SW Hall Blvd."- and SW Pfaffle St. (WCTM 181 35DA, tax lot 1100), ZONE C-P (Profeseional Commercial) The C-P zone allows public agency and administrative eervices, pUblie support facilities, bUsinees equipment sales and eervices, bUOinese support servicee, financial, insurance, and real estate services, and utilities among other USGS4 CIT: East CIT REPRESENTAT/VE: Joel Steven PHONE NUMBER: 293-6896 CHECK ALL WHIC1 APPLY: STAFF DECISION OMMEalgDALIMELTasTAFXSIL____------JA21 PLANNING COMMISSION DATE OP HEARING: TIME:7:30 HEARINGS OFFICER DATE OF HEARING: TIME: 7:00 CITY COUNCIL DATE OF HEARING: TIME:7:30 ATTACHMENTS VICINITY MAP .JL NARRATIVE X SITE PLAN STAFF CONTACT: Victor Adoul=09 -4171. X LANDSCAPING PLAN ARCHITECTURAL PLAN OTHER:GRADING PLAN cONDITIONAL USE CITY OF TIGARD, Tigard, Oregon " 13125 SW Hall, PO Box 23397 97223 - (503) 639-4171 1. GENERAL INFORMATION PROPERTY ADDRESS/LOCATION SITE SIZE .1 PROPERTY OWNER/DEED HOLDER* ADDRESS .6510 PHONE ZIP CITY or FOR STAFF USE ONLY CASE NO. CO' fet— 6.06)3 OTHER CASE NO'S: ike.54,1—'4009% RECEIPT NO. irit gaggo APPLICATION ACCEPTED BY: DATE: Application elements submitted: Application form (1) 1/-(B) Olwaliagla-siguatuzaiwritten authorization (C) Title transfer instrument AD) Assessor's map (1) (E) Site plan (pre-app.checklist) v'"ii) Applicants statement Val (pre-app. checklist) (G) L4wt-e4-pftinter.4y-ewneTS-and a* (1) Filing fee (4i365) APPLICANT* ADDRESS CITY PHONE Ifklint) ZIP ___4210L *When the owner and the applicant are different people, the applicant must be the purchaser of record ot a leasee in possession with written authorization from the owner or an agent of the owner with written authorization. The owner(s) must sign this application in the space 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 DATE DETERMINED TO BE COMPLETE: 915/_1#4, FINAL DECISION DEADLINE: ° fAhabSal Hearings Officer Approval Date: 0736P/23P Rev'd: 3/88 List any variance, sensitive lands perml.t, or other land use actions to be . . confiidered as part of thksanplicati•n: A.41 • / ,:orKirt PI DIVert/9rilninel OrtitreW Applicants: To have a complete application you will nee. to submit attachments described in the attached information sheet at the time you submit this application. THE APPLICANT(S) SHALL CERTIFY THAT: The above re uest does not violate any deed restrictions that ma be Ithe application is gtanted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any pemit issued, based on this application, may be revoked if it is found that any such statements are faise 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 a1* day of 1944-. SIGNATURES of each owner (eg. husband and wife) of the subject property. (KSL:pm/0736P) CITY OF TIGARD - RVCFIPIL tiF MCRAW CELLULAR. COMM.0 INC :000DRIUM • p..1 i.W4 3W 4I14 AVFNUF PORILAHOv Mum 97801- IPT MU t COSH AMOUNT PAYNfiN1 DA1V flUE4DIVI$,3ION 94-4b1011.0 • It 373403 11 O. 00 t OA/01/94 ANOUN1 PA1I) PURPILAW 01- PO rMLN1 0.3 APPL COP94-OZ 365,100 ORO,. 0.. 04. 17 041.4 LAND Of* APPL VOR.94-0P GONVAPONAL ulivivnRONCE PRRNIT Name of applicant Subject Property: Tax Map and Lot 10.4 Address or General Location AFFIDAVIT OF POSTING NOTICE do affirm that 1 am (represent) the party initiating interest in a proposed eating the land located at feat „ and did on the , .day of post notice indicating that the site may be proposed for a application, and the time, date and place of a neighborhood meeting to discuss the proposal. The sign was posted at (state location on pro qv? Subscribed and sworn to, affirmed, before me this day of OFFICIAL SAL BETTIS ft FRANKLIN ii NOTAAY PUBLIC•OROON COMMISSION NO 017261 MY COMMISSION EXPIRES AUG. 4. '1996 Notary Public for the State of Oregon My Commission Expires: 8' WITHIN SEVEN (7) CALENDAR DAYS OF THE SIGN POSTING, RETURN THIS AFFIDAVIT TO City of Tigard Planning Division 13ig5 SW Hall Blvd. Tigard, OR 97228 loglrAjokpostnotelt e 7:00 PM • r • Meetin Notice Cellular One is proposing a conditional use and site development review fora 100 foot wood pile tower, antenna and equipment shelter at this location. Prior to applying to the City of Tigard for the necessary permits, the applicants would like to discuss the proposal in more detail with the surrounding property owners and residents. You are invited to attend a meeting on: uesday, February 1, 1994 Tigard City H.11 13125 SW Mall Bou1ev,rd Tigard, OR 97223 co Please note this will be an informational meeting on p eii rni r plans. These plans may be altered prior to the submittal of the application to the City. RE fifer' "'MG TRANSMITTAL MAR 2 5 1994 John C. Spencer SPENCER & KIPPER 3533 N.E. 24th Avenue Portland, Oregon 97212 Tel: 503/282 -9853 Fax: 503/282 -2723 Date: March 22, 1994 To: Mark Roberts, City of Tigard From: John Spencer Subject: Cellular One, SW Pfafe Rd. CU Application Message: On March 15, 1994 I mailed a notice for a community meeting to be held on Thursday, March 31, 1994 on the above referenced proposal, and posted a meeting notice on the subject property. Please find attached copies of: Affidavit of Posting Notice Affidavit of Mailing with: Sample letter Mailing List Please let me know if you need any additional information related to the upcoming meeting. John Spencer • AFFIDAVIT OF POSTING NOTICE Name of applicant: Cellular One Subject Property: Tax Map and Lot #: T.L. 1100, Map 1S1 35DA Address or General Location: Southeast corner of SW Pfaffle Street and SW Hall Boulevard I, John C. Spencer, do affirm that 1 represent the party initiating interest in a proposed tower and equipment building atfectiflz the land located at the southeast corner of SW Pfaffe. Street and SW Hall Boulevard, and did on the 15th day of March, 1994 personally post notice h.dicating that the site may be propocovt for a 'colditional use, site development review and variance application, and the time, date and place of a neighborhood meeting to discuss the proposal. The sign was posted on a pole at the northeast corner of the property on Katlic Street, cleuly visible from the street, This 15th day of March, 1994 Subscribed and sworn to, affirmed, before me this /54day of /14,,,4 199q Notary Public My Commission Expires: OFFICIAL SEA! BETTE B. FRAKV. NOTARY PUBLIC-O? COMMISSION NO, O. MY COMMISSION EXPIRES AU — OFFICIAL SEAL BETTE B. FRANKLIN NOYARY PUBLIC-OREGON COMMISSION NO, 0172U1 MY COMMISSION EXPIRES AUG, 4, MO • ;,' - ''t AFFIDAVIT OF MAILING State of G.egor, City of Tigard I, John C, Spencer, being duly sworn, depose and say that on March 15, 1994, I caused to have mailed to each of the persons on the attached list a notice of a meeting to discuss aiproposefl development at T.L. 1100, Map 1S1 35DA (Corner of SW Pfa11e Street and SW Hall Boulevaid, Tigard), a copy of which notice so mailed is attached hereto and made a part hereof. further state that aid notice er were enclosed in envelopes plainly addressed to said ortora and wee deposited on the date indicated above in the United States Post Office at Uniyosity Station, with postage prepaid thereon. Signature Notary Public My Commission Expires: OFFICIALISEAL BETTE F AMU NOTARY PM RAMON COMMISSION NO, OiViel MY COMMISSION EXPIRES ALIO, 4, 1 1 I later Paul Beckham 8485 SW Pfaffle Street Tigard, OR 97223 Dear Mr. Beckham: • March 15, 1994 I am representing Cellular One and the owner of the property located at the south east corner of Pfaffel Street and Hall Boulevard, Tigard, (Tax Lot 1100, Map 1S 1 35DA), We are considering proposing a conditional use and site development review for a 100 foot wood pole tower, antenna and equipment shelter at this :location. We held a first information meeting on February 1, 1994 and appreciate the comments we received at that time, Prior to applying to the City of Tigard for the necessary permits, Y would like to discuss the proposal in more detail with the surrounding property owners and residents, You are invited to attend a second meeting on: Thursday, March 31 Tigard City Hall 13125 SW Hall Boulevard Tigard, OR 97223 7,00 PM Please note this will be an informational meeting on orelintinary plans, A copy of the preliminary site plan is enclosed, These plans may be altered prior to the submittal ofthe application to the City, 1 look forward to more specifically discussing the proposal with you Please call me at 503/282- 9853 if you have any questions. Sincerely; John C, Spencer :31 3►`srti4- n�m,�i��rj Est Ptg flegi.kf19l4/tisN VLtWt4) Tqt,q . Obie Outdoor Advertising P.O. Box 1356 Eugene, OR 97440 Dan Gott 13230 SW Hill Ct. Tigard, OR 97223 David Brown 19065 SW Johnson St. Aloha, OR 97006 Dick Bewersdorf' 13125 SW Hall Blvd, Tigard, OR 97223 Don Graham 11260 SW Hall Blvd, Tigard, OR 97223 Ed Menteer 1600 SW 9th Avenue Portland, OR 97205 George Robinson 1600 SW 9th Avenge Portland, OR 97205 • LEGIBILITY STRIP v Joel Stevens 9660 SW Ventura Court Tigard, OR 97223 Liz Newton 13125 SW Hall Blvd, Tigard, OR 97223 Mark Roberts 13125 SW Hall Blvd, Tigard, OR 97223 Pat Whiting 8122 SW Spruce Tigard, OR 97223 Paul Brossia 11260 SW Hall Blvd, Tigard, OR 97223 Paul Beckham 8485 SW Pfaille Street Tigard, OR 97223 Robert Hoag 7122 SE Milwaukie Ave, Portland, OR 97202 f.i • 4/3 Robert Groshart 8465 SW Pfaff le St. TigorndpOR 97223 Ward Rader 7617 SW Cedar Crest Portland, OR 97223 AFFIDAVIT OF MAILING STATE OF OREGON ) SS CITY OF TIGARD ) r being duly sworn, depose and say that on _.._ .....&414444111 19 I caused to have mailed to each of the pawns on the attached list a notice of a meeting to discuss a proposed development at �..• . Aor a copy of which notice so mailed is attached hereto and made a part of hereof. I further state that said notice were enclosed in envelopes plainly addressed to said persons and were deposited on the date indicated above in the United States Post Office at i with postage prepakl thereon. Signature` Subscribed and swam to before me this .26 _ day of 3'. a Q OF $OIA SEAL i I BETTE f TS . FRANKLN NOTARY PUSLIC.OREGON COMMISSION NO, O172(1. MY COMMISSION EXPIRES AUG, 4 10 Notary Public My Commission Expires: ht \login\jo \afimadl,cit y r • January 26, 1994 Paul Beckham 8485 SW Pfafile Street Tigard, OR 97223 Dear Mr. Beckham: 1 am representing Cellular One and the owner of the property located at the south east corner of Pfaffel Street and Hall Boulevard, Tigard, (Tax Lot 1100, Map 1S 1 35DA . We are considering proposing a conditional use and site development review for a 100 foot wood pole tower, antenna and equipment shelter at this location, Prior to applying to the City of Tigard for the necessary permits, 1 would like to discuss the proposal in more detail with the surrounding property owners and residents. You are invited to attend a meeting on: Tuesday, February 1, 1994 Tigard City Hail 13125 SW Hall Boulevard Tigard, DID 97223 7 :00 P10 Please note this will be an informational meeting on preliminary plans, These plans may be altered prior to the submittal of the application to the City. 1 look forward to more specifically discussing the proposal with you. Please call me at 503/282 -9853 if you have any questions. Sincerely, John C. Spencer " Paul Beckham 8485 SW Pfafile Street Tigard, OR 97223 Truman Cowley 8395 SW Pfaftle St Tigard, OR 97223 Robert Groshart 8465 SW Pfaffle Tigard, OR 97223 Kurt Hettinger 12518 NE Airport Way, Ste. 145 Portland, OR 97230 Robert Hoag 7122 SE Milwaukie Ave, Portland, OR 97202 Joel Stevens 9660 SW Ventura Court Tigard, OR 97223 Kriz 11830 SW Kerr Parkway, Suite 325 Lake Oswego, OR 97035 Ed Merited. 1600 SW 9th Avenue Portland, OR 97205 Obie Outdoor Advertising P.O. Box 1356 Eugene, OR 97440 Paul Brossia 11260 SW Hall Blvd, Tigard, OR 97223 Mark Roberts 13125 SW Hall Blvd. Tigard, OR 97223 George Robinson 1600 SW 9th Avenue Ruktiand, OE. 97205 Spencer 3533 NE 24th Ave, Portland, OR 97212 `" „ 4 , • la s'"4-4,,P.4.1A.:12.49.14$44) P74.14.7 /+'7 • .//24.1.42.14) Aviii$,Gwer? zo.3. 639.4'617 19Z2g eiPib 712153 /444 somkeige44. 974.2..3 /600 164-1. 1144 q7R.0(„„ caeoc) covtafficle-- (Lk) usETLILk) 5906d is MEETING NOTES Public Information Meeting Conditional Use and Site Development Review Application Cellular One Facility SW Pfafile Street and SW Hall Boulevard, Tigard Tigard City Hall Thursday, March 31, 1994, 7 :00 Sign Up Sheet is attached, Meeting began with introductions about 7 :15, John Spencer representing Cellular One summarized the approvals required for the proposal, reviewed the existing conditions plan and described the site location, and explained the proposed site plan, landscaping plan and building /tower elevations. Ken Seymour with Cellular One described the existing cellular system along Highway 217 and the need for a new cellular transmission site. Question: Why can't the existing Viewrnaster site serve the entire area? Answer: Site is now at capacity and portions of the corridor are not well served. Seymour explained the health - related aspects of cellular facilities in general and the proposed site specifically, Currently, cellular sites in the 217 corridor power of existing operate at about 100 watts; with the new site in place, the p g sites will be reduced, and the new site will operate at about 25 watts, Portland i y p p of 200mW. The and Washington County have adopted exposure standard maximum exposure at the Pfeifle site is estimated to be less than 0,2mW, considerably below the standard, Tigard has not adopted an exposure standard. Question: Why are there standards? Answer: National standards are identified for all kinds of potentially dangerous things such as chemicals, radio, power and others. Magnetic energy emitted from power lines has been linked to cancer, Radio waves, including cellular, are a different kind of energy than magnetic energy and have not been linked to cancer,17,ut standards have been developed to protect the public's interest, The maximum exposure at the proposed cellular site is less than 0,2mW, the co " standard for comparison is 200mW, Another comparison is that the common leakage from a microwave oven is about 40 to 60 mW. Question: Have other sites been considered which are not as close to l neighborhoods and wildlife areas? residential 21 sites were Considered and 10 sites studied in Answer: des, Approximately 2 s detail, . , .. .. o _.. sites with a commercial or industrial zoning. This is an detail. concentrated n i 0 l i providing p along 217, while being excellent site for goo cellular exposure es linking wildlife located near residential areas only to the north. No stud. ink g , Ti rt, impacts to cellular communications facilities are known, but no wildlife impacts are expected. Examples of wildlife near power lines, and cellular facilities in the vicinity of other wildlife and natural areas were described. Question: Is there danger of induction at the fence? Answer: No, the fence will be grounded. Concern: The appearance of the site from Raffle will be stark. Concern that landscaping will not fully obscure fence at the time of planting. Question; Will cellular interfere with TV and radio reception? Answer: No Cellular One has had no confirmed case of interference. Any complaints will be tested and analyzed by company technicians. Cable TV will not be impacted. Question: What about the reports of health effects using phones? Answer: There have been reports of health effects, and research is going on now in order to provide more information to the public, Question: Would the Tigard Triangle make a better cellular site location? There are fewer residential areas nearby. Answer: A cellular site located in the triangle would not meet the technical requirements for improved service in the 217 corridor, Meeting concluded about 9 :00 pm. John Spencer [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] MEMORANDUM Mark Roberts, City of Tigard John Spencer, Cellular One RE: Permitting Requirements for Pfaffle St. Cell Site As we have discussed, Cellular One wishes to construct a "Cell Site at the intersection of SW Hall Blvd, and Pfaffle Street in Tigard. You have indicated that a pre-application conference is required, and that that conference will be held at 9:00 am Tuesday, November 30, 19934 This memo provides a brief description of our proposal and includes three copies of a site plan and elevations of our proposal. Pfaff le St. Cell Site Triangular site at southeast corner of SW Hall and Pfaffle Street, in the immediate vicinity of the 99W/Hwy 217 interchange, Tax lot 1100, Map 1S 1 35DA, Tigard, Oregon Description: Full cell site is needed: 100 foot wood pole tower and antenna, and 12 X 28' equipment shelter. An existing stru cture would be removed, The site would be surrounded by a security fence, Zoning: C-P (Professional/Administrative Office), Communication Services permitted outright, Utilities permitted as a conditional use, It is unclear which of these uses best describes a Cell Site and we will need a determination by the Planning Director at the pre-application conference, Maximum building height = 45 feet, It appears that the Cell One tower will be exempt from the height limitations of the underlying zone, The applicable language is: 18,98,010 A.: Projections such as chimneys, spires, domes, elevator shaft housings, towers excluding 7Vdi.ceivers sit.b. aerials flag poles, and other similar objects not used for human occupancy, are not subject to the building height limitations of this title, There is a 15% site landscape requirement. Permits: If the use is determined to be a utility, a conditional use permit will be required. Communications Services are an outright permitted use, Site development review will also be required. CITY OP TIGARD PRE-APPLICATION CONFERENCE NOTES NON-RESIDENTIAL DEVELOP PROPERTY LOCATXON: Address: Tax Map G Tax Lot: NECESSA.RY APPLICATION(S): COMPREHENSIVE PLAN DESIGNATION: ZONING DESIGNATION: CITIZEN INVOLVEMENT TEAM Eak CHAIRPERSON: 3 OP I 54'e vem se PHONE: ZONING DISTRICT DIMENSIONAL REQUIREM3NTS Minimum lot size: A( wi-cecfe Minimum lot width: ' Setbachms front garage Al maximum site coverag Minimum landscaped or natural vegetation area: Maximum building height: _ILE ft. 111/4 f±iy. ov,17/14 ADDITIONAL LOT DIMENSIONAL REQUIREMENTS Minituum lot frontage: 25 feet tiniest: lot is created through the :air= land partition process. LOts created as part of a partition must, have a minimum of 15 feet of frontage or have a minimum 15 foot wide access easement. .e6t_ed150.'refePas:;4:777:P1/1,5 2-1 'Ia.' vidft°ek-14: /4712- ft. from stre ft. Maximum lot depth to width ratio of 2.5 to 1. SPECIAL SETBACKS Streets: ft. iom Centerline Col Edtablifihed areas: ft. freia Lotter tutatutity ft., .1cng th EiLt' troutheinvy OUrtEand HEIGHT PROVISIONS Building Height atcatitioaa (dada toctiou 10400.020): huildiuga iodated LA a non-readitatiat tone may bit) built to a haight Of 75 feet provided: 1. A Maki:Mid FAR (balding floor Area to ate Area retie) Of 1.5 to 1 Will eXidt) 2 hit actual building oatbacka will be at least 1/2 the buildiuotoo height; and The structure Will not abut a kedidential tkine didtridt. Page 1 PARKING AND 'ACCESS Required parking for this type of use: Secondary use required parking: "L EcLags_e_ktaur_2111 of required spaces may be deeignated and/or dimensioned ev, compact spaces. Parking stalls hall be dimensioned ae - Standard parking apace dimensions: 9 ft. X 18 ft. - Compact parking space dimension::: 8.5 ft. X 15 ft. Disabled parking: All parking areas °hail provide appropriately located and dimenoioned dLeabled person parking spaces. The minimqm number of disabled person parking epacee to be provided, as well ae the parking stall dimensions, are mandated by the Americana with DLeabilitien dot (ADA). A handout ia available upon request. A handicapped parking :symbol hall be painted on the parking space surface and an appropriate eign shall be posited. Bicycle racks are required for civic, non-residential, commercial and industrial developments whicsh provide 15 or more parking opacee. Bicycle racks shall be located in areas protected from automobile traffic and in convenient locations. BLeyele parking spaces shall be provided on the besaLa of one space for every 15 vehicular parking upeces. All driveways and parking areas, except for Dome fleet storage areas:, muut be paved. Drive-in use queuing ateao: Minimum number of accesseet lanimum acceee width: 24 feet Maximum acmes widths 40 feet Pedeetrian acCeEttl Must be provided between building entrances and parking areas, outdoor common areas:, and public aidewalke and streets:. A miniMUm of one tree for every eeven parking spades must be planted in and around all parking areste in order to provide a vegetative canopy effect. Landecaped parking areas °hall include epeeist/ design featured which effectively 4.oreen the parking lot areas from view. These debign feature:: may include the lam of landscaped berme, deebrative wallets and raided plantera. ror detailed information on d,,dign require:We/Ate for parking areas and accessed, nee Daveldpment Coda Chapters 18.100, 186106 and 18.108. etEA t VISION Muth, The city tognitoa that Cleat Vidimaaread bo ontintainod between thtoo And eight feet in Weight at raid/driveway, toaditailtoade and rdaditOdd intdrdattiOndi The ate of tho required Cleat *iditin area dopondo Upon the AbUttinq titteetta functional Claseifidation6 Page 2 BUFFERING NW SCREENING In order to increase privacy and to either reduce or eliminate adverse noia or visual impacts between adjacent develops enta, especially between different land uaea, the City requirea landscaped buffer area® along certain site perimeter®. Required buffer areas are described by the Code in terms of width. Buffer areas must be occupied by a mixture of deciduous and evergreen treed and ehruba and met also achieve a balance between vertical and horizontal planting®. Site obscuring acreene or fences: may ales be required; these are often advisable even if not required by the Code. The required buffer areas may off, be occupied by vegetation, fence®, utilities, and walkways. Additional information on required buffer area materials and sizes may be found in Code Chapter 1e 104. The required buffer ft- ft. 17 along along widths hich are applicable to your proposal area: north Boundary south boundary ft. along east boundary ft. along west boundary In addition, si g ht obecurin g screening fie required along oe tr. ...ee eGf `o �u y.e Lt4 . ,fit, v 15 STREET TREES i Street trees are required for all developments fronting on a public or private street an well as driveways which are more than 100 feet in length. Street trees must be placed either within the public right-of-way or on private property right-of-way boundary. Street trees must have a within caliper of at 1 ae two ainches when neaeured four feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the branching width of the tree at maturity. Further information on regulations affecting street trees may be obtained from the Planning Divinion. SIGNS Sign permits moot be obtained prior to inata .lati on of a4y sign in the City of Tigard. A t'G tidel .nea for Sign Permits"' handout is available upon request Additional sign area or height beyond Cade Standards natty be permitted if the sign peeposal is terviliwed sate part of a deVelopment review hpp1 .cation. Alternatively, a Sim Cede Except loon application may be fill for review before the Hearing® offi. SENSITIVE LANDS unsuitable for develo ent due t Within the 100 -year ff loodpl x ee ati na oars: lands which are enntially r Code Chapter 18.84 provides; natural dretinan ewa , o . ' g y� wetland mares ®, on sl � in earceset of 25 percent, or on unstable ground: Staff will attempt to preliminarily identify . aenx®itiVe lanes areA® at the pre - application conference based on auaailable information. HOWEVER, the. el... identerres+ens five lands_ arena and their. boundaries , Le the r ns y of the_ a hcaaiet ireta�s_. meetincr .thc def ni.t one ofd dens vet _ leurnit Onet- !' �cl aetl1t indicated Ora plan® ins fitted ILtl_iee.ca_aveslqpinent la .. agelicatiora.. Page 3 Chapter 18.84 also provides regulation for the use, protection, or modification of nenuitive land reae. In most came, dedication of 100- year floodplain areae to the City for park and open apace areas J. required as a condition of the approval of a development application. ADDITIONAL CONCERNS OR COMMENTS 44 pip ifte alc yetray. Ott cod ,64 Jcis 61A eit -5 54a Pe- LLLT a c,e (-0 PoAckt ro 00— ivo a *it.* 4-410 10,e. 4 5**C441.4 s- 4 Leid a' a. kid *lf-Pe. 4-1.14+ a. re,21/1)4.1.C1 teti.4 D di a .10/ ti.s.;„)kbiy PROCEDURE fa a 1,44- 'i-48",) +0+,0 ev-- `41, 10 le kid 1.,‘ 44,4 -deN/Doboui.i 0-t,t 4 4e. Pe! dminietrative staff review. Public hearing before the Land Use Hearings Officer. Public hearing before the Planning Commieeion. Public hearing before the Planning CommieeLon with the Commieeion making a recommendation on the proposal to the City Council. additionalipublic hearing Weal be held by the City Council. 10 e *it atetcri4 (-! *441 5a 1 Ofri APPLICATION SUMITTALJPROCESS s'44'"144'."' 1w( 4 eelt Atklit %sly All applications muet be accepted by a Planning DivieLon staff member at the Conimunity Development Department counter at City Hall. PLEASE NOTE: Angliemelepe submitted by mail or dr_jaimijafies at the counter w thout _peenner_stetee acceptance ma be returned. Applicatione eubnitted after 4:30 P.M. on Thureday Will be batched for processing With the following week's applications. AEWASTIJAMMLIdlleITALINLAggiated aft&T 3:00 P.M. on Prida a or 4:30 on otkeedeme.. Maps submitted witleceleion shall be folde1DVANCEImett.,,5. inches. One 8,5 inch tr 11 jtesbmpof jammiLedeeptshould be Aubmitted for attachment to the staff re. •rt or adminietrative decision. A licatlith unfoletOrm_____aa shall not abe The Planning WAAL= and Engineering Division will preform a preliminary review of the application and will determine whether an application is complete within 10 dayn of the counter submittal. Staff will notify an applicant if additional information or additional avian of the eubmitted materiale are needed. The admiaiettative decieion or public hearing Will typically ()tent approideately 45 toe GO &We after Ati application it accepted de being complete by the Planning Dieibien. Applicaticae involving diffiddlt or ptettacted ideUde or requiring titOHUA4 by Other jetiedietireed wir take additiOnel tike to review . Written eeddeMendatione feed the !needing etaff are Leaded 60VO4 (I) deye pilot to the public hearing. A 10 day public appeal period aa f0116 all ide dOdiabide Au appeal Od this tttet would be heatd by the f? 64,t) t1.111,V6 Al battic fide chalet which illisiatteatea th rovin titerdeiiiii ie available feted the PlaAnieg DiViabla upon' tequeet. 5-11,'ecf` ; 144 p b-ot../eLia 045 c k PPa Plate , aef a J '\ Page 4 fr-O 0 5.1,60.( c Lc. et fr-4,„ 41,sc, a /4ref Pio-4e 4d /4,4 4/0 tA))1.0 vij44-.. ete- Way,. Seeace" L., 4 Ock This pre - application conference and the notes of the conference 'fire intended to inform the prospective applicant of the primary City Development Cede requirements applicable to the potential developeent of aaa particular site and to calm the City staff and prospective applicant to discuss the opportunities and constraints affecting development of the site. e. Thal conference and note cover all Code requirements and aspects of good site planning that should apply to the development of your site plan. Failure of the sitaff to provide information required by the Code shall not coneiti tsat,G, a waiver of the applicable satandardn or requirements. It is read ended that a prospective applicant either obtain and read the Community Development Code or ask any questions of City ataf f relative to Code requirements prior to submitting an application. Another prasuapplicati on conference its required uired if an application is to be submitted more than diet months after this pre - application conference, unless the second conference is deemed unnecessary by the Planning Division. PREPARED BY :_ PLANNING DM ISR) PHONE: 639-4171 Pace 5 • LEGisury STMP ni PUBLIC FACILITIES The purpose of the pre-application Conference is for (1) Identify applicable Comprehensive Plan policien and ordinance provisions; (2) To provide City staff an opportunity to comment on °pacific concerns; and (3) To review the Land Uee Application review proceee with the applicant and to identify who the final deciaion making authority ehall be for the application. The extent of necessary public improvements and dedications which shall be required of the applicant will be recommended by city staff and eubjent to approval by the appropriate authority. There will be no anal recommendation to the decision making authority on behalf of the City staff until all concerned commenting agencies, city staff and the public have had an opportunity to review and comment on the application. The following commenta aro a projection of public improvement related requirements that may be required as a condition of development approval for your propooed project. 1at...,-tagrundeel_.cation: The City of Tigard requires that land area be dedicated to the public: 1) to increttee abutting public righte-of-way to the ultimate functional street claseification right-of-way width au specified by the Community Development Code; or 2) or the creation of new streets. Approval of a development application for this site will require right-of- way dedication for: 2. 04906" 5hre to to 3. to Street 3Ircovements: feet from centerline. feet from centerline. feet from centerline. 1. >e. street improvements will be necessary along 4' PP/Wpm 2. street improvements will he necessary along 3. Street improvemente ahafl include . -60 feet of pavement from centerline, plus the installation of curb and guttere, Storm sewers, Underground placement of utility wires (a feat may be collected it determined appropriate by the Engineering Depart-Meat), a film-foot wide sidewalk (sidewalk ° may be regared to be wider on arterial° or major collector streettig, or in the Central baisinese District), necessary street atoms, streetlight°, and a two year istreetlighting fee. In some ammo, Where Street improVemente or other deceedary public iMproVements are not currently pritctitial, the iitteett'iMprovemente may be deferred/ In such cases, a ConditiOn Of develdpsient appreVal May be specified which required tho property owoot(o) to execute a dot:v., remonstrance agtoomoot Ohidh waives the propert y °Waded right to renonatrate AgaitiAt the fOtmatiOn of a local iMptottedeht diattiOt fOrmdd to impronet et02,3 4P/70fre,,, 5M5W1144-4, 2 t„. Page 6 .11.001111.1111111■1401111.761111001110.01. • e, el. �• LEt/ '.4 * � � � •' is 1 s ' PedestElAnHAZILWITEMY-x SanitaryAmemen The neareet sanitary newer line to thie property Jo a(n) inch line which to located in mr.maramorromummosts. The prepoeed development smelt be connected to a sanitary 643%4Or • It Le the developer' responsibility to extend the Gower along the proposed development eite's TtjAtexceapi) The Tigard Water District (Phone: 639-1554) or the Tualatin Valley Water Dietrict (Phone: 642-1511) provides) public water service in the area of this eite. The District should be contacted for information regarding water supply for your proposed development. Am. Fire Protection Tualatin Valley Fire and Remise District (Contact : Gene Birchill, 645-8533) provides fire protection ees:viceo within the City of Tigard. The Dietrict should be contacted for information regarding the adequacy of circulation systems, the need for fire hydrants, or other questions related to fire protection. HA_ Other Agency Permits: Storm sewer leprovementas AL,g64,4w64 STOREIWATER QUALITY FEES The Ueified Sewerage Agency has established, and the City has agreed to enforce, Resolution No. 90-43 Surface Water Management Regulations which regiuiren the construction of on-Site water quality facilities. At the diecretion of the City, the applicant may be offered an opportunity to pay a fee in lieu of the construction of ouch a facility. The resolution requires the construction of a water quality facility and/or the payment of a fee. The fee obeli be based upon the amount of impervious surface; for every 2,640 square feet, or portion thereof, the fee shall be $285.00. The City of Tigard shall determine if a fee may be paid or a facility shall be constructed. TRAFFIC IMPACT FEES Itt 1990, Watihingthix Cottrity bidtriitilidi a cOntityskAde Traffie Tit** Pee (T/F) Ordinando. The Traffic Impact Fee program collecte feed frOM new deVelOpitient haeod on the devlopment°0 projected impact upon the dlty* ttanepottation eystem. The applicant ha11 be totaltatied to pity a foe betted upon 4,:b® latiMbor of tripe tidtirdi are ptititioted to result from the popceed development, the calculation of the 'VIP id baited on the propoadd Ude of the land, the died Of the project, and a general use baeed fee category. he fl' Ethel]. tj lid„ '1. but cittrajj_kl,enuancea. Itt limited ditddeiltitdedo payment of the TXF way be allOWed to be deferred until the ieauance of an occupancy permit-4 Mitiettai of the paynittat Until until le pettliteeible Wien the T 11' its greater than $g0000400, my Poe Page 7 OPP stranai OPENING PERMIT No work shall be preformed within a public right-oft.dway, or ohall commence, until the applicant haa obtained a street cpeliing permit from the Engineering Department. FINISHED FLOOR ELEVATIONS All projects that require a grading plan also require thet the appaicant shall aubmit a typical floor plan for each lot. This floor plan shall indicate the elevations of the four corner e of that plan along with elevatione at the corner of each lot. HP:preapnon Page a ,4■44 LEsisiLrry STRIP ' . ExtixorT APPEALS DLcectoz's Decision to Planning Commission . $235.00 coats Planning CcommissionMewthags Off. to Council . $31.5.00 transcript $125.00 BLASTING PERMITS COMPREHENSIVE PLAN PROCESSING Text only, Map only, or both ''''.-----COITIONAL-**DSE PROCESSING Conditional Use ReYiew FLEXIBLE SETBACK STANDARDS $ 80.00 HISTORIC OVERLAY DISTRICT $ 80.00 HOME OCCUPATION Original,Forwit 4Resewal INTERPRMATION OF COMMUNITY DEVELOPMENT CODE . $ 55.00 by Coivnunity Development Departemnt LAND PARTITION Residential and Non-residential . LOT LINE ADJUSTMENT . . PLANNED DEVELOPMENT PROCESSING Conceptual and detailed plan review $500.00 smismrvE LANDS Flood plaiu $520.00 Wetlands/Steep slopes/DrainagtAy $235.00 SIGN CODE ExceenoNs $230.00 SIGN PERMIT 0-24 sq. ft. 24-100 sq. ft. 100 sq. ft Te4lporaty signs SITE DEVELOPMENT" REVIEW Under $10,000 $ 10,000 $ 99,999 $ 100,000 - $499,999 $ S00,000 - $999,999 $1,000,000 or more $1 million not to exceed patutt;imArtirtstm._ Subdivision Variance; if needed . . . TEMPORARY USE Director° Decision Special eXemption/Non-Profit . . TREE REMOVAL PERU= . . ompos'aeopeo VACATIONS Streets and public access $675.00 $ 50.00 -13/PalC $ io.001yeztr -rive .r_ $235.00 $S0.00 it $ 10.00 $ 25.00 $ 35.00 $ 10.00 each sign $ 80.00 . . . $155•00 $315.00 $415.00 a . $520.00 4 $1 per $10,000 .42000. . $105.00 VARIANCE AdMiniStrative $ 50.00 $ $ -0- • $300,00 deposit - actual costs charged $80.00 d Sign Code a 4 4 . 4 4 $230.00 ZONE CHANGE ANNEXATIONS Leda than 10 acres . $520.,000 10 adret dr Mete a . 4 4 4 41 4 :. $62S.00 ZONE CHANGE PROCESSING Leda than 10 acres - . 4 4 4 4 $520.00 10 acre t or Wore $625.00 ZONE ORDINANCE AMENDMENT . . . 4 4 . $310.00 JOINT APPLICATION PLANNING FEE . 100% of highest planning fee plus 10% of all additional planning fees related to the proposal. beittesi.ksi • • .4ATh/iJ 11,/4i 4, 4. 1 "1 Staff Date CITY OF TIGARD COMMUNITY DEVELGMENT DEPARTMENT APPLICATION CHECKLIST The items on the checklist below are required for tho successful completion of your application submission requirements. This checidist identifies what is required to be submitted with your application. This sheet MUST be brought and submitted with all other materials at the time you ubsait your application. See your application for further explanation of these items or call Planning at 639 -4171. ITEMS TO BE BASIC MATERIALS INCLUDED: A) (Application form (1 copy) [V:: B) Owner's signature/written authorization 1 C) Title tra'insfer instrument 0) Assessor' map tC."al E) Plot or site plan "a F) Applicant's statement E ii---- ( :, —4 -feet E 3 (H) Filing fee ($ .�.) 5 Pe SPECIFIC MATERIALS A) • Site Information showing, (No. 4'f copies j): - 3,"---. 1) Vicinity Mann .A E4'1 2) Sita size & dimensions C"1--.'" -- 3) 5 ft for grades > 10 %) Eli — -- 4 Drainagel a patterns, tcourses, and ponds C.43-''""' 5) Locations of natural hazard areas including: a) Floodplain areas [44---- b) Slopes in excess of 25% c) Unstable ground 13 d) Area with high seasonal water table E' e) Areas with severe soil erosion potential C f) Areas having severely weak foundation soils -""` 6) Location of resouirce ,areas as shown on the Comprehensive y Pap inventory including: a) Wildlife habitats t i---r" b) Wetlands fia'". Other site features: Rock outcroppings b) Trees with 6" 4. caliper measured 4 feat from ground level y E 3 8) 11cation of existing structures anal their uses VI` `"" 9) Location and type of on and off - -site noise sources 10 Location of existing utilities and easements C i1) Location of existing dedicated r$yjhtmofays E 3) Site 0evelopnzent Plan showi (No. of copes jj E 1) The proposed site and surrounding properties Ct -1`" 2) Contour line intervals - Ems"`` : 3) The location,; dxtrensio nsa and `names of ail. a... Existing & platted streets & oth er public ways and easements on the site and on adjoining properties APPLICATION CHECKLIST b) Proposed streets or c ..:er public ways & easements on the site. ( c) Alternative routes of dead end or proposed ed streets tht require future extension (4-- The location and dimension of a) entrances and exits on the site ts w b) Parking and circulation areas (6r---- `'f c) Loading and services areas t''`� d) Pedestrian and bicycle circulation C e) Outdoor common area, i f) Above ground utilities ( The location, dimension & setback distances of all: a) • Existing permanent structures, improvements, utilities and easemen easements which are located on the site and on adjacent property within .s.5. feet of the site b) Proposed structures, improvements, utilities and easements on the site ( 6) Storm drainage facilities and analysis of downstream ,conditions 7) Sanitary sewers facilities 8) The locations of area to be landscaped C. 9) The location and type oo oorlighting considering prevention techniques 10) The location of mailboxes 11) The location of all structures and their orientation CP 12) Existing or proposed sewer reimbursement agreements & Gw ^ceding. Plan No. of cope 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 extant to which grading will take place indicating general contour lines, slope ratios and soil stabilization proposals, and time of year it is proposed to be done. 2) A statement from a registered engineer supported by data factual substantiating: a) SuI;surface exploration and geotechnical, engineering report = b) The validity of sanitary sewer and storm drainage service proposals C c) That all problems will be mitigated and how they will be mitigated Architectural i�s DraH (R... o. of copies ,5 .. ): _ E The site developer plan development lan shall include: 1) . Floor plan indicating the square footage a of all structures proposed for use on-site: t 2) Typical (alevation draWings of each structure. Ca''" c (4,,...„..,3 .. E) Landsca (No. of copies ). The landscape plan shall be .. stale of the at the same s site analysis plan or a larger scale if necessary and shall indicate: i Decription of the irrigation system where applicable 2) Location and height of fences, buffers and screenings E4.----- APPLICATION CHECKLIST .— Page 2 • i:1 3) Location of terraces, decks, shelters., play areas [ J and common open spaces 4) Location, type, size and species of existing and proposed plant materials. The landscape plan shall include a narrative which addresses 1) Soil conditions. 2) Erosion control measures that will be used. Cif F), Sign Oraw Sign drawings shall be submitted in accordance ,with Chapter 114 -of the -Code-a* par • • Development (Review or ',prior to obtaining a Building Permit to construct the sign. G) Traffic c eneratio estimate ,t+ 4 H) P limina rtition or lot line ad'usta ent ma showing, ,4 1/ (No. of Copies .,) : ( J 1) The owner of the subject parcel 1 3 2) The owner's authorized agent 3) The map scale, (20,50,100 or 200 feet l), inch north arrow and date C1 4) Description of parcel location and boundaries ( 3 • streets,. easements and 5) Location, width and names of streets, other public ways within and adjacent to the parcel [ 3 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 3 0) Location of any trees witty .64 or greater caliper at 4 feet above ground inv'e1 C 3 greater 9) All slopes hl nix C 10) Location of existing utilities and utility easements C 3 1x) For major land partition which creates a public street: width C 3 a) The proposed right-of-way location s'�r�eet b) A scaled cross-section p p plus any reserve strip 12) Any applicable restrictions C ence� that land pare ` + 13) E+�id � partition where applicable C 3 efficient future land d� and data rhowi.r ( s �) �ubdi� ion p►,�lis,inar�e ,Pl��p i�o. of G� Copies ..__.._._.) • , or 200 feet to the inch i 1) kale equaling. 3® �� 100 0 and limited to one phase per sheet 2) The proposed [ 3 ed name of the subdivision 3) Vicinity map showing property's relationship to arterial and collector streets ' Y,« addresses and telephone numbers of the of 4) developer, engineer, surveyor, designers as appli,ctab1et 3 R ( 3 6) Gate of application 6) Boundary 'Ines a . ed ( 3 �, s of tract to be s+ubdi 7) Names of adjacent suidiVision or naMes of recorded owne rs of adjoining parcels of unsubdiv3,ded land C 3 o Contour lanes related to a City-established � . . beach -- ¢ark at 2-foot intervals for 0'40% grades greater than 10 (3 APPLICATION CHECKLIST Page 3 • • • 9) The purpose, location, type and size of all of the following (within and adjacent to the proposed subdivision): ( 3 a) Public and private right-ofways and easements ( 3 b) Public and private sanitary and storm sewer lines [ ] c) Domestic water mains including fire hydrants ( 3 d) Major power telephone transmission lines (50,000 volts or greater) ( 3 e) Watercourses ( 3 f) Deed reservations for parks, open space, pathways and other land encumbrances ( 3 10) Approximate plan and profiles of proposed sanitary and storm sewers with grades and pipe sizes indicated (3 11) Plan of the proposed water distribution system, showing pipe sizes and the location of valves and fire hydrants. E 3 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. ( 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 . 1 3 15) Location, width and direction of flow of all water- courses and drainage ways ( 3 16) The proposed lot configurations, approxjmate lot dimensions and lot numbers. Where loilts are to be used for purposes other than residential, it shall be indicated upon such lots 1 3 17) The location of all trees with a diameter 6 inches or greater measured at 4 feet above ground level, and the location of proposed tree plantings, if any ( 3 10) The existing uses.of the 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 1 3 19) Supplemental information including: a) Proposed deed restrictions (if any) (3 b) Proof of property ownership IL 3 c) A proposed plan for proVision of subdivision improvements t 3 20) Ekisting natural features including rock out- croppings, wetlands and marsh areas ( 3, 21) If any of the foregoing information cannot practicably be shown on the preliminary plat, it shall be incorporated into a narrative and submitted with the application. ( 3 3) ahoe.infewiwAtion 06004W;G:41e. (3 (2362P/0021P) -- APPLICATION CHECKLIST - Page 4 • CITY OF TIGARD CONDITIONAL USE Information Bulletin DEFINITION: A conditional use is a use that may be permitted in a particular zone, but the use is not permitted outright without a review by the City Of Tigard's Land Use Hearings Officer. The review by the Hearings Officer will determine which, if any, conditions need to be imposed before the use can be engaged in. An existing conditional use must be reviewed again if it is enlarged, expanded or altered in any way. APPLICATION FEE: The fee for a Conditional Use review is $365. PROCEDURE: The application and approval process for a minor partition is as follows: 1. Attend a P4englication Conference The applicant must participate in a pre-application conference with the Planning Division staff prior to submission of the conditional use request. This is an informal meeting where the Staff will explain plan policies and ordinance provisions, as well as opportunities and constraints applicable to the proposed conditional use and the particular site. 2. gpmplete tho_ApplimhiAls - An application form will be given to you by the Planning staff. 30 littAgh_LtAargilttn_SIVAAta ShTling_ThatAPOWIAL gritgria_gam2,Been Satisfied - The Criteria which you are responsible for Satisfying are as follows: a. The Size and dimensions of the site at Which the conditional Use will occur must provide adequate area for the needs of the proposed ,conditional use; b. The charactetistics of the site must be suitable for the proposed conditional use. Characteristics to consider are such things as site, shape, location, topoqraphy and natural features; c. All public facilities needed by the proposed Conditional use must have adequate capacity to serve the use LEGIBILITY STRIP I •-• • d. Any applicable requirements for the zoning district in which the conditional use Will take place must be met. Those requirements that are modified by the Community Development Code's Conditional Use chapter, however, are exempted. e. Any supplementary requirements applicable to the conditional use must be met. These may be such requirements as sign standards, landscaped buffers, restrictions on operating hours, etc. f. The conditional use applied for must comply with all the applicable policies of the comprehensive plan. 4. Attach thg_gallamingLto th_eAllit_13„qa,L,11_1.ve or Data a. Copies of the site development plan, if you are asked to do so by the Planning staff. You may also be instructed to submit any other plans, such as a grading plan, if it is necessary for the processing of your conditional use application. b. An Assessor's map for the property. c. A copy of the title transfer instrument, e.g. a deed. d. The required fee. 5. Public Hearing - After a completed application and all of the required attachMents have.," been received, a public hearing will be held to determine whether the application for the conditional use will be approved, approved with conditions, or denied. The Hearings Officer's decision will be based u fulfillment of the approval criteria listed under number "3° of this bulletin. You will be notified as to when the hearing will take place. The amount of time you can expect the entire process to take will be determined at your pre- application conference. 6. Conditions Im osed b the Hearings Offkoer - The Hearings Officer may impose conditions on the approval of the conditional use. These conditions may include, but are not limited to, the following: 1. Limiting the hours, days, place and manner of operation; 2. Requiring additional setback areas, lot areas or lot depth or width; 3. Limiting the number, site, location, height and lighting of Signs; 4. Limiting the building height, size or lot coverage, or location on the site. \kelly\conuse • • nom. e 7v 3. The phased development shall not result in requiring the City or other property owners to construct public facilities that were required by approved development proposal. ,tt 5.Q.doc,, 4. The Hearings Officer's decision may be appealed as Provided by 18.32.310.8. No notice need be given of the Hearings Off iL;er's decision. 18.130.040 A,roval Standards and Conditions A. The Hearings Officer shall approve, approve with conditions,, or deny an application for a conditional use or to enlarge or alter conditional uaen based on findings of fart with respect to each of the following criteria: 1. The site siz and dimensions provide adequate area for the Beds of the proposed use; 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 cape1ity to serve the proposal; 4. The applicable requirements of the zoning district are 'met except as modified by this chapter; 5. They supplementary requirements set forth in Chapter." 18.114, Signs, and Section 18.120.180, Approval Standards, if applicable are met; and 6. The use will comply with the applicable policies o.f the comprehensive plan. B. An enlargement or alteration of an existing conditional use shall be subject to they development review provision: set forth in Chapter 18.120. C. The Hearings Officer may impose conditions on its approval of a conditional use, which it finds are necessary to ensure the use is compatible with other use in the vicinity. These conditions may include, but are not limit to the following Limiting the hours, ,.place, and manner of operation; 2. Requiring design features which minimize environmental impacts such as noise, vibration, air pollution, glare, odor, and dust; 3 Requiting additional. Setback areas, lot area, or lot depth or Width; aevised 02/21/89 page 318 4144- bttP ef.dq, 4. Limiting the building height, size or 11 coverage, or location on the site; 5. Designating the size, number, location, and design of vehicle access points; 6. Requiring street right-of-way to be dedicated and the street to be improved; 7. Requiring landscaping, screening, drainage and surfacing of parking and loading areas; 8. Limiting the number, size, location, height, and lighting of signs; 9. Limiting or setting standards for the location and intensity of outdoor lighting; 10. Requiring berming, screening or landscaping and the establishment of standards for their installation and maintenance; 11. Requiring and designating the size, height, location, and materials for fences 12. Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas, and drainage areas; 13. Requiring the dedication of sufficient open land area for a greenway adjoining and within the floodplain when land form alterations and development are Allowed within the 100-year floodplain; and 14. Requiring the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle pathway plan, D. Manufactured home packs and manufactured home subdiviaions are exempt from the provisions of subsection c above. Manufactured home subdivisions are subject to approval Under the provisions of Chapter 18.160, Subdivisions, Manufactured home parkS are subject to approval Under the provisions of Chapter 18.120, Site Development Reltiewe (Ord. 89-06; Ord. 87-66; Ord. 84-39; Ord. 83-52) 1111A304050----Mede-Modlfidgit10112.,A2ggggglilAWLAtillkilAtilkitgaggadfit A. An applicant m y request approval of ModifidatiOd to an approved . plan by: 1. PeoVidifig the Direetoe with elite copies of the proposed modified conditional usa plan; and Revised 02127/10 Page. 319 ShmatmEIAI ADmiNts TTRA oFFica COMME'RCIA_LMS_MTR Sections: 18.64.010 Purpose 18.64.020 Procedures and Approval Process 18.64.030 Permitted Uses 16.64.040 Conditional Uses (See Chapter 18.130) 18.64.050 Dimensional Requirements 18.64.060 Additional Requirements A. The purpose of the C-P Zoning district is: 1. To provide for groups of businesses and offices in centers: 2. To accommodate the location of intermediate uses between residential districts and are of more intense development; 3 To provide opportunities for employment and for business and professional services in close proximity to residential neighborhoods and major transportation facilities; 4. To expand the City's economic potential: 5. To pride a range of compatible and supportive U:ses; and 6. To locate office employment where it can support oth r dostMercial Uses. B, The trade area will vary and may extend outside the community. This zone is intended to implement the policies and criteria stet forth in the comprehensive plan. (Ord. 89-06; Ord. 83-52) 18,64.020 Procedures staLlielnamiLltmall A. A permitted Use, Section 18.64.0300 is a use which is allowed outright, but is subject to all applicable provisions of this title. If a Use is not listed as a p,-rmitted use outright, it may be held to be a similar unlisted use under the provisions of Chapter 18.41, Unlisted Use. A conditional Use, Section 18,64.0400 is a use the approval of which is discretionary With the Hearings Officer. The approval process and criteria for approval are set forth in Chapter 18.130, Conditional Use, If a Use is not listed as a conditional use it may be held to be a sit ilar unlisted use under the proviSions of Chapter 18.43, Unlistt.o Use, (Ord. 90-41; Ord. 89- 06; Ord. 83-52) devised 1/170,91 Page 130 L r 5 1 . t.. •.t.. 18.64.030 Pe r' ttrod Uses A. Permitted uses in the CAP district are as follows: i Civic use types: a. Public agency administrative services; b. Cultural exhibits And library services; c. Public support facilities; d. Lodges, fraternal and civic assembly; e. Parking facilities; 2, Commercial use types: a. Animal sales and services: (i) Grooming; and (ii) Veterinary, small animals; b. Building naaix1tanance services; c.` Business equipment sales and services; d. Business support services; e. Communication services; f. Children's day care; 'g• Financial, insurance, and real estate services; h Medical and dental services; i Participation sports and recreation: (i) Indoor; and (ii) Outdoor (not to the office complex); percent of the total square footage within p ; Personal services, general; k. Professional and admini ',trative services Revised 1/17/91 Page 131 1. Research services: and The following uses, separately or in combination, shall not exceed a total of 20 percent of the entire square footage within the development complex: (i) Convenience aales and personal services; (ii) Eating and drinking establishments; and (iii) Retail sales, general; Residential Use types: a. Multiple-family residential units as &mixed use in conjunction, developed at R-40+ standards, with a commercial dev lopment, only in the CP District within the Tigard Triangle and the Bull --Mountain Road District, on or above the second floor of the structure; b. Home occupations subject to provisions of Chapter 18.142; c. Family day care; 4. Transient lodging/restaurant (cat the same parcel): 5. Temporary Use; 6. Fuel tank; or 7. Accessory structures. (Ord. 90-41; Ord. 8-06; Ord. 86-08; Ord. 85-32; Ord. 84-73; Ord. 84-29; Ord. 83-52) 18.64.040 Conditional Uses (her 18.130 A. Conditional Uses in the C-P district are as follows: 1. Heliports, in accordance with the AeronaUtics Division (ODOT) and FAA; 2. Hospitals; 3. Utilities; and 4. Religious Assemblies. (Ord. 92-15: Ord. 89-06; Ord. 85-32; Ord. 84-29 Ord. 83-52) 18.64.050 Dimensional Re uirements A. Dimensional requirements in the C-P district ate as follows: 1. The minimum lot area shall be 6,000 sqUare feet; 2. The average minimum lot Width shall be 50 feet; 3. Except as otherWise proVided in Chapter 18.96 and Section 18.100.130, the minimUm setback requirements are as follows: There shall be no minimum front yard setbaCk reqUlremont; however, conditions in Chapters 18.100 and 18.102 must eb met; Revised 05/05/92 4. '�. }Y `u • r, 5. ,. it�� 'J"') r ,.�Ir r. .�1 ..i.i. :t p� Ir�'q �c .. .F.�v _ ,. -�- b. On corner lots and through lots, there shall be no minimum setback requi,re4ment; however, the provisions of Chapter 18.102 must be satisfied; e. No side yard setback shall be required except 20 feet shall, be required where the C-P zone abuts a residential zoning district; d. No rear yard setback shall be required except 20 feet shall be required where the C-P zone abuts a resident,/al zoning district; and e. All building separations shall meet all Uniform Building Code requirements; Except as otherwise provided in Chapter 18.58, no building in the C -P zoning district shall exceed 45 feet in height; 5. The maximum site coverage shall be 85-- arcent including all buildings and impervious surfaces; and 6. The minimum landscaping requirement shall be 15 percent. (Ord. 89-06; Ord. 85 -32; Ord. 84 -30; Ord. 84-29; Ord. 83 -52) ].8.64 {060 Addit ton3,,,, R tguirements A. Additional requirements in the C -P district are as follows + , 1. Overlay Districts, Chapters 18.80 Planned Development, 18.82 Historic Overlay District; and 18.84 Sensitive Lands; + ° 2. SUplemental Provisions 18.92 Density , Computations, 90 Environmental Performance Chapters Y , 18.94 Manufactured/Mobile Home Regulations, 18.96 Additional Yard Setba*.ck Requirements and Exceptions, . Exceptions, 18.100 Landscaping and lcr�8n3,�ildxng Height Limitations Gxc 18.104 Fu ®�. Tank S g Clearance Areas, Hf Installations, 8.18.106 Visual Darling and Loading Requirements, IF} M 18.108 Access, Egress, and Circulation, and 18.114 S igns; 3 Site Development Review, Chapter 18.120; ... 4. Development and Administration, Chapters 18.130 Conditional 1 Use, 18.132 Nonconforming Situations, 18.134 Variance, 18.14 0 Temporary Uses, 18.142 Biome Occupations, 18.14A Accessory Structures; 18.146 Flexible Setback Standards, and 18.150 Tree Removal; and 5, Land Division and Develop Land Partitioning ... Division: Land Division: Development Standards, Chapters 1.8.16 18.162 Land Divi' { oning - Lot Line Adjustment, and 18.164 Street and utility Improvement Standards (Ord Subdivision, 18 90 -41; Ord. 89 -06; Ord. 83 -52) Revised 1/17/91 Page 133 Otilities: Refers to services and utilities which have a substantial visual impact on an area. Typical places or Uses are sanitary landfills, airports, detention and correction inttitutions, mats transit waiting stations or turnarounds, electrical and gas distribution substations, radio microwave, telephone transmitters, and cable TV receivers and transmitters: Parking Faeilities: Refers to parking; services involving garages and lots, excluding required parking lots within the same lot of a partieular development or use; Postal Services: Refers to mailing services and processing as traditionally operated ore leased by the United States Pottal Service, United Parcel Service and other posted services; Public Safety Facilities: Refers to the providing of protection by a district or entity pursuant to fire, life, and safety code sections together with the incidental storage and maintenance of necessary vehicles. Typical use* inelude fire stations, police stations, and ambulance services; Religious Assembly: Refers to religious services involving public aseembly such as customarily occurs in synagogu s, temples, and churches; Schools: Referd to a public, trivate or parochial place br institution for teaching or 1 aiming, Typical ustes include nursery, elementary, junior and senior high schools and related Uses: excluding trade and business schools and colleges. Commercial Use Types: Commercial use types include the distribution and sale or rental of goods and the provision of services other than those classified as civic uses: Revieed 1/11/91 Page 83 18.100.010 Purpose 18.100.015 Applicability: Approval PrOCesS 18.100.020 General Provisions 18.100.030 Street Trees 18.100.035 Location og Street Trees 18.100.040 Cut and Fill Around Existing Trees 18.100.050 Perlacement of Street Trees 18.100.060 Exemptions 18.100.070 Buffering and Screening - General 18.100.080 Buffering/Screening Requirements 18.100.090 Setbacks for Fences or Walls 18,100.100 Height Restrictions 18,100.110 Screening: Special Provisidhs 18.100.120 Revegetation 18.100.130 Buffer Matrix 12A01010 lotimoiLe. A. The purpose of this chapter is to establish standards for landscaping, buffering, and screening of land use within Tigard in order to enhance the aesthetic environmental quality of the City: 1. By protecting existing street trees and requiring the planting of street trees in new developments; Through the use of plant materials as a unifying element; 3. By Using planting materials to define spaces and articulate the Uses of specific areas; and By using trees and other landscaping materials to mitigate the efforts of the sun, wind, noise, and lack of privacy by the drovision of buffering and screening. (Ord. 89-06; Ord. 83-52) 1.1.3.1229.111,5,Lte -royal Process, The provisions of this chapter shall apply to all development including the construction of now structures (see Subsection 18,120.020, Remodeling of Exiting structures), and to a change of Use which increases the on- site parking or loading requirements or which changes the access requirements. Page 2D • B. Where the provisions of Chapter 18.120, Site Development Review, do not apply, the Director shall approve, approve with conditions, or deny a plan submitted under the provisions of this chapter. The decision may be appealed as provided by Subsection 18.32.310.A,, C. The applicant shall submit a site plan which includes: 1. Location of underground irrigation system sprinkler heads where applicable; 2. Location and height of fences, buffers, and screenings; 3. Location of terraces, decks, shelters, play areas, and common open spaces; 4. Location, type, size, and species of existing and proposed plant materials; and 5. A narrative which addv ssest: a. Soil conditions; and b. Erosion control measures that will be used. D. The approval standards are the applicable standards contained in this chapter. (Ord. 89 -06; Ord. 83-52) 18,00.020 General provisions. A. Unless otherwise provided by the lease agreement, the owner, tenant, and their agent, if any, shall be jointly and severably responsible for the maintenance of all landscaping which shall be maintained in good condition so as to present a healthy, neat and orderly appearance and shall be kept free from refuse and debris. 8. growth in landscaped areas f so that: shall be Al]. Al plant gro • controlled by pruning, trimming or otherwise 1. It will not interfere with the maintenance or repair of any public utility; 2, X will not restrict pedestrian or vehicular access; and 3. It will not consttitute a traffic hazard because of reduced visibility. O. The installation of all landscaping shall be as fol ].oafs: 1. All landscaping shall be installed according to accepted planting procedures; revised 02/27/89 page 214 2. The plant in& erials shall be of high grade; and 3. Landscaping shall be installed in accordance with the provisions of this title. D. Certificates of occupancy shall not be issued unless the landscaping requirements have been met or other arrangements have been made and approved by the City such as the posting of a bond. E. Existing plant materials on a site shall be protected es Bauch as possible: 1. The developer shall provide methods for the protection of existing plant material to remain during the construction process; and Q 2. The plants to be saved a b' l be noted on the landscape plans (e.g., area not to )%" eesturbed can be fenced, as in now fencing which can be plLeel, around individual trees). F. Appropriat methods for the care and maintenance of street trees and landscaping materials shall be provided by the owner of the property abutting the rights -of -way unless otherwise required for emerg ncy conditions and the safety of this general public. G. The review procedures and standards for required landscaping and screening shall be specified in the conditions of approval during development review and in no instance shall be leas than that required for conventional development. H. No trees, shrubs, or plantings more than 18 inches in height shall e planted in the public right -of -way abutting roadways having, no established curb and rutter. (Ord. 89 -06; Ord. 83 -52) 18.100.030 street Trees A. All development projects fronting on a public, private street, or a private driveway more than 100 feet in length approved after the adoption required to plant street trees in accordance with the standards in Section 18.100.035. D. Certain trees can severely damage utilities, streets, and sidewalks or can cause personal injury. Approval of any planting list shall be subject to review' by the Director. (Ord. 89 -06; Ord. 83-52) 18.100.035 Location of Street Trees A. Landscaping in the front and exterior side yards shall include trees with a minimum caliper of two inches at four feet in height as specified in the requirements stated in Subsection 18.100.035.8. The specific spacing of street trees by size of tree shall be as follows: 1. Small or narrow stature trees (under 25 feet tall and less than 16 feet wide branching) shall be spaced no greater than 20 feet apart; ec 2. Medium sized trees (25 feet to 40 feet tall, 16 feet to 35 feet wide branching)- shall be spaced no greater than 30 feet apart; 3. Large trees (over 40 feet tall and more than 35 feet wid... branching) shall be spaced no greater than 40 feet apart; 4, Except for signalized intersections an provided in Subsection 18.100.060.0, trees shall not be plaited closer than 20 feet from a street intersection, nor closer than two feet from private driveways (measured at the back edge of thca sidewalk), fire hydrants, -or utility poles in ordow to maintain visual clearance; No new utility pole location shall be established cltsser than five feet to any existing street tree; Tree pits shall be located so as not to include (ate; and gas meters, etc.), in the tree well; on-premises services (water and as meters, etc.), be installed within exisking tree well areas; Street trees shall not be planted closer than 20 feet to light standards; services shall not Mew light standards shall not be positioned closer than 20 feet to existing street trees except when public safety dictates, then they may be positioned no closer than 10 feet; 10. Trees) shall be planted at least two feet from the face of than curb; 11. Where there are overhead power lines, the street tree species selected shall be of a type which, at full maturity, will not interfere with the Lines; and ` 12. Trees shall not be planted within two feet of any permanent "(lard surface paving or walkway: a. Space between the tree and the hard surface may be covered by a nonpermanent hard surface such as grates, bricks on sand, pavjr blocks, and cobblestones; and b. Sidewalk cuts in concrete for tree planting shall be at least four by four feet to allow for air and water into the root area. C. Trees, as they grow, shall, be pruned to provide at least eight feet of clearance ebove sidewalks and 13 feet above local street, 15 feet above collector street, and 18 feet above arterial street roadway surfaces. (Ord. 89-06; Ord. 84 -29; Ord. 83-52) 18.100.040 mat and Pill Around gxa.sta.n Trees A. Existing trees may be used as street trees if no cutting or filling takes place within the dripline of the tree unless an exception is approved by the Director. 8. An exception will be approved if: 1. The ground within the dripline is altered merely for drainage purposes; and 2. It can be shown that the cut or fill will not damage the roots and will not cause the tree to die. (Ord. 09.06; Ord. 83-52) 18.100.050 Re laceraent of Street Trees A. Existing street trees removed by development projects or other construction shall be replaced by the developer with those types of trees approved by the Director. 0. The replacement trees shall be of a size and species similar to the trees that are being removed unless lesser sized alternative are approved by the Director. (Ord. 89 -06; Ord. 83 -52) 10.100.060 Ex ®pt A. E emptions from the street tree requirements Way be grasated by the Director on a cafe -by -case basis. B. Exemptions shall be granted: .JJ 1. If the location of a proposed tree would cause potentt ► L problem with existing utility lines; 2. If the tree would cause visual clearance problems; or 3. If there is not adequate space in which to plant street trees. C. The Director may allow' trees closer to specified intersections which are signalized, provided the provisions of Chapter 18.102, Visual Clearance, are satisfied. (Ord. 89-06; Ord. 83-52) 18.100.070 Bufferincreening_-_,Sir_leral.Provisions A. It is the intent that these requirements shall provide for privacy and protection and reduce or eliminate the adverse impacts of visual or noise pollution at a development site, without unduly interfering with the view from neighboring properties or jeopardizing the safety of pedestrians and vehicles. (Ord. 89-06; Ord. 83-52) . B. Buffering and Screening is required to reduce the -impacts on adjacent uses which are of a different type in accordance with the Matrix in this chapter. The owner of each proposed development is responsible for the installation and effective maintenance of buff-ring and screening. When different uses would be abutting one another except for separation by a right of way, buffering, but not screening, shall be required as specified in the matrix. C. In lieu of these standards, a detailed buffer area landscaping and screening plan may be submitt-d for the Director's approval as aft alternative to the buffer area landscaping and screening standards, provided it affords the same degree of buffering and screening as required by this code. (Ord. 91-17) 18400.080 BufferindasgmlimallegaLtalada A. A buffer consists of an area within a required interior setback adjacent. to a property line and having a depth equal to the amount specified in the buffering and screening matrix and containing a length equal to the length of the property line of the abutting use or uses. B. A buffer area may only be occupied by Utilities, creening, sidewalks and bikeways, and landscaping. No tuildings, aceessways, or parking areas shall be allowed in a buffer area except where an accessway has been approved by the City. c. A fence, hedge, or wall, or any combination of such elements which are located in any yard is subject to the conditionS and requirements of Section 18.100.80. D. The minimum improvements within a buffer area shall consist of the followihg: 1. At least one row of trees shall be planted. They shall be not less than 10 feet high for deciduous trees and five feet high for evergreen trees at the time of planting. spacing for trees shall be as follows: i. Small or narrow stature trees, under 25 feet tall or less than 16 feet wide at maturity shall be spaced no further than 15 feet apart; Revised 2/27/89 Page 218 • Pe • - - } _ +. f • :+ - - - a . — ice, - - .BBL( TRIG = : ` Medium sized trees between 25 feet to 40 feet tall and with 16 feet ton feet wide brulching at maturity shall be spaced no greater than 30 feet apart. iii. Large trees, over 40 feet tall and with more than 35 feet wide branching at maturity, shall be spaced no greater than • 30 feet apart. 2. In addition, at least 10 five gallon shrubs or 20 one gallon shrubs shall be planted for each 1000 square feet of required buffer area. 3. The remaining area shall be planted in lawn, groundcover, or spread with bark mulch. E. Where screening is required the following standards shall apply in addition to those required for bUffering: - 1. A hedge of narrow or broadleaf evergreen shrubs Shall be planted which will form a four foot continuous screen within two years of planting, 4,1.1 2. An earthen berm planted with evergreen plant materials shall be provided which will form a continuous screen six feet in height with:tn two years. The unplanted portion of the berm shall be planted in lawn, ground cover or bark mulched, or; 3. A five foot or taller fence or wall shall be corstructed to provide a continuous sight obscuring screen. F. Buffering and Screening provisions shall be superseded by the vision clearance requirements as sat forth in CAapter 18.102. G. When the use to be screened is downhill from the adjoining zone or use, the prescribed heights of required fences, walls, or landscape screening shall be measured from the actual grade of the adjoining property. In this case, fences and walls may exceed the permi.tted six foot height at the discretion of the director as a condition of approval. When the grades are so steep so as to make the installation of walls, fences or landscaping to the required height impractical, a detailed landscape/screening plan shall be submitted for approval. H. Fences, and Walls, 1. Fences and walls shall be constructed of any materials commonly used in the construction of fences and walls such as wood or brick, or otherwise acceptable by the Director; 2. Such fence or wall construction shall be in compliance with other City regulations; and 3. Chain link fences with slats shall qualify for screening. HoWevet, chainlink fences without slats shall require the planting of a continuous evergreen hedge to be considered screening. Hedges. 1. An evergreen hedge or other dense evergreen landscaping may satisfy a requirement for a sight obscuring fence Where reqUired subject to the height requirement in Subsections 18.100.090.B.1 and 2 Devised 06/25/91 Page 219,4 t ' 4 2. Such hedge or other dense landscaping shall be properly maintained and 4 aall be replaced with another hedge, other dense evergreen landscaping, or a fence or wall when it ceases to serve the purpose of obscuring view; and 3. No hedge shall be grown or maintained at a height greater than that permitted by these regulations for a fence or wall in a vision clearance area as set.forth in Chapter 18.102. (Ord. 91 -17; Ord, 89-06; Ord. 84-71; Ord. 83-52) A. No fence or wall shall be cot etructed which—exceeds the t'/tandarda in Subsection 18:100.090.5 except when the approval authority, as a condition of approval, allows that a fence or wall be constructed to a height greater than otherwise permitted in order to mitigate against potential adverse effects. 8. Fences or walls: 1. May not exceed three feet in height in a required front yard along local streets or eight feet in all other locations and, in all other cases, shall meet vision clearance area requirements (Chapter 18.102): 2. Are permitted up to six feet in heigl' tin front yards adjacent to any designated arterial, major collector or minor collector street. For any fence over three feet in height in the required front yard area, permission shall be subject to administrative review of the location of the fence or wall. C. All fences or walls shall meet vision clearance area requirements (Chapter 18.102) ; All fences or walls greater than !fix feet in height shall be subject to building permit approval, (Ord. 92-04; Ord. 89 -06; Ord, 85 --14; Ord. 83- 52) tevieed 02/11/92 Page 219- -2 • 18.100.100 Heidt129trictions A. The prescribed heights of required fences, walls, or landwmping shall be measured from the actual adjoining level of finished grade, excepi. that where parking, loading, storage, or similar areas are located above finished grade, t)",. .eight of fences, walls, or landscaping required to screen such areal or space shall be measured from the level of suiv.:h improvements. B. An earthen berm and fence or wall combination shall not exceed the six- foot height limitation for screening. (Ord. 89-06: Ord. 83-52) 18.100.110 Screenin A. Screening of Parking and Loading Areast 1. Screening of parking and loading areas is required. The specifications for this screening are as follows: a. Landscaped parking areas shall include speciva. features which effectively screen the parking lot areas from view. These design features may include the use of landscaped berms, decorative walls, and raised planters: b. Landscape planters may be used to define or screen the appearance of off-street parking areas from the public right- of 4tay; c. Materials to be installed should achieve a balance between low lying and vertical shrubbery and trees; d. Trees shall be planted in landscaped islands in all parking areas, and shall be equally distributed and on the basis of one tree for each seven parking spaces ih order to provide a canopy effect; and e. The minimum dimension of the landscape islands shall be three feet and the landscaping shall be protected from vehicular damage by some form of wheel guard or curb. ReVised 02/11/92 Wm. Page 220 B. Screening of Service Facilities 1. Except for one - family and two - family dwellings, any refuse container or disposal area and service facilities such as gas meters and air conditioners which would ot.lerwise be visible from a public street, cestoiner or resident parking area, &ny public facility or any reuidential area, shall be screened from view by placement of a solid wood fence or masonry wall between five and eight feet in height. All refuse materials shall be contained within the screened area C. Screening of Swimming Pools 1. All swimming pools shay 'used as required by Chapter 14.20 of the 'Tigard Municipal Code. D. Screening of Refuse Containers Required 1. Except for one and two family dwellings, any refuse container or refuse col1ection area which would be visible from a public street, parking lot, residential or commercial area, or any public facility such as a school or park shall be screened or enclosed from view by placement of a solid wood fence, masonry wall or evergreen hedge. All refuse shall be contained within the screened area (Ord. 91 -17; Ord. 89-06; Ord. 86 -08; Ord. 83-52) 18.100.120 a gveetatt on, A. Where natural vegetation has been removed through grading in a.";eas not affected by the landscaping requirements and that' are not to be occutied by structures, sv h areas are to be replanted as set forth in this section to ptevent erosion after construction activitiest are completed. B. Preparation for Revegetation. Topsoil: removed from the surface in preparation for grading and construction is to be stored on or near the sites and protected from erosion while grading operations are underway; and 1. Such storage may not be located where it would cause suffocation of root systems of trees intended to be preserved; and 2. After completion of such grading, the topsoil is to be restored to exposed cut and fill embankments or building pads to provide a suitable base for seeding and planting. e. Methods of 1Pevegetation 1. methods of revegetation include hjdromalching or the planplanting of ryegrass, barley, or other seed with equiv&lent germination rates, and: a. Where lawn or turf grass is to be established, lawn grass seed or other appropriate landscape cover IS to be sown at not less than four pounds to each 1,000 square feet of land area; Other revegetation methods offering equivalent protection may be approved by the approval authority; Revised 02/27/89 Page 221 Plant materials are to be watered at intervals sufficient to ensure survival and growth; and The use of native plant materials is encouraged to reduce irrigation and maintenance demands. (Ord. 89-06; Ord. 83-52) The Buffer matrix (Figure 1) shall be used in calculating widths of buffering and screening to be installed between proposed uses and abutting zoning districts. An application for a variance to the standards required in Figura 1, shall be processed in accordance with Chapter 18.134. Reviged 02/27/80 LEGIBILITY STRIP BUFFFER MATRIX PROPOSED USE: Existing Attached Dwelling Units - 1 Mached Dwef ng Units • a 2 Mood$ Commercial Industrial Ught Heavy Abutting Use Story Stories or. More Home & Park Use Industrial industrial Any Partdng It ° of wring District Parks. & Professional Use Use 1' Ss rislons Uses ' 50 50 or more R-7 R-12. R-20' R-7 R -12: R -20 spaces Spaces Detached. Single Family or R -tr R-2, R-3.5 R4.vr ii7` 18's t0's 10's 10's 10's 10's 15's 10's 20's 20's 30's 40's 10`s 20's Attached: Dwei ng Units R-7 1 Story Districts- R -12 0'° 0" 14` t0's 10`3 10's 15's: 10's 20's 20's 30`s 40' 10's 20's Attached Dwelling Units 2 or more stories,; 10's t0`s 10's 10's 101 IT 10` 101 10` lO's 20's 20`s 30's 40's t0's 20's R-12 R -20, R-40 Districts Mobile Home Parks subdMsion In any District; t0's- tOs tO's 10's tO's 101 10's 10's 10% 20's 20`s 30's 40's 101 20's Any Arterial Street lO's 1O's los tOs 10's° 10's 10's 10'.s 10's 0'' 20' 0` 20's 0' Commercial & Professional ' Uses., Cam;; CM CCU, CPS tO's tO's 10's tO's 1O`s° 10'3 10's 10's 10`s 01" 20` 0' 20's 0° CBD districts: Part EMI 20s 20's 20's 20's 20's 20`s 20's` i i0t 0' 0' It 9O's 0` Ught' Industnat 25'8, 25's 25's 10" 0` 0` 0' 01 Heavy, to us.rtaI 40 s 401 401 4'01 ` 40s- 140 s 401 401 401 20 20 0 0 0 Ay pa Iotwith 4 -50 spares: • lO's 10' l0's 10's = 10'3 10's 10's 10•s t0`s t 0' 0` 0' 0° 0' { y Ictwth50or ror spaces t0's 14's 10's 4O's tO's 1O's in t0's. l0's 0" 0' 0� 0' 0. Buffer Mau Section 18.100.130 (Figure 1) 7. Utilities: Refers to services and utilities which have a substantial visual impact on an area Typical places: or uses are sanitary landfills, airports, detention and corr <.:ction institutions, Mass transit waiting stations or turnarounds, electrical and gas distribution substations, radio microwave, telephone transmitters, and cable TV receivers and transmitters; R. Parking Facilities: Refers to parkiabg services involving garages and lots, excluding required parking lots within the same lot of a particular development or use; 9. Postal Services: Refers to mailing services and processing as traditi rally operated or leased by the United States Postal Service, United Parcel Service and other posted services; 10. Public Safety Facilities: Refers to the providing of protection by a district or entity pursuant to fire, life, and safety code sections together with the incidental storage and maintenance of t;ecessary vehicles. Typicel uses include fire stations, police stations, and ambulance services; 11. Religious Assembly: Refers to religio'ts services involving public - 'assembly such as customarily occurs in synagogues, temples, and churches; 12. Schools: Refers to a public, private or parochial place or institution for teaching h schools related uses; excluding elementary, junior i g trade and business schools and colleges. C. Coimmerciel Use Types: Commercial use types include the distribution an sale or rental of goods and the provision of services othee than those classified as civic uses: Revised 1/17/91 Page L1 %'. Business Equipment Sales and Services: Refers to establishments or places of business primarily engaged in the sale, resntal, or repair of equipment and supplies used by office, professional and service establishments to the firms themselves rather than to individua;,s, but excludes automotive, construction, and ,farm equipment. Typical uses include office equipment and supply firms, small business machine repair shops or hotel equipment and supply firms; 9. Business Support Services: Refers to establishmezts primarily engaged in the provision of service of a clericals, employment, protective, or minor processing nature to firers rather than individuals, and where th storage of goods other than samples is prohibited. Typical uses include secretarial services, telephone answering services, or blueprint services, 10. Cemmunications Services: Refers to establishments primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephonic mechanisms but excludes those uses classified as Utilities in this title. Typical uses include television studios, telecommunication service, centers, or telegraph service offices; 11. Construction Sales and Services: Refers to stablishmentss or places of business primarily engaged in constructionk activities and incidental storage on U is other than construction sites, as well as the retail or wholesale sale from the premises of materials used in the construction of buildings or other structures, other than retail sale of paint, fixtures, and hardware; but excludes those classified as one of the automotive and heavy equipment lose types. Typical uses include building materials stores, tool and equipment rental or sales, and building contracting /construction offices; 12. Consumer Repair Services: Refers to establishments primarily engaged in then provision of repair services to individuals and households rather than firms, but excluding automotive and equipment use types. Typical uses include appliance repair shops, apparel repair firths, musical instrument repair firms, and shoe repair shops; Revised 1/17/51 Page 07 • Continued growth and urbanization places additional need for fire related services. • Congestion on some area streets slows the response time to fires. Among locutions where this has been noticed are: Vicinity of Greenburg & Tileman; Pacific High...51y; Main Street; Hall Boulevard between Commercial and Pacific Highway; Walnut Street; Tiedeman; Railroad crossings at Hall Boulevard and Main S,reet. During flooding, some bridges may be closed (e.g., at Grant Street and on Hall Boulevard) necessitating the use of time consuming circuitous routes. • Subdivision plats car create access problems when there ore too few through -- - streets. There are morons examples of dead end streets throughout the. City. POLICY 11111•0111101W. 7.6.1 THE CITY SHALL REQUIRE AS A PRE-CONDITION 'IV DEVELOPMENT THAT a. THE DEVELOPMENT BE SERVED BY A. WATER SYSTEM HAVING ADEQUATE WATER PRESSURE FOR FIRE PROTECTION PURPOSES; b. THE DEVELOPMENT SHALL NOT REDUCE THE WATER PRIIISSURE IN THE AREA BELOW A LEVEL ADEQUATE FOR FIRE PROTECTION PURPUSES; AND c. THE APPLICABLE FIRE DISTRICT REVIEW ALL APPLLJATIONS. IMPLEMENTATION STRATEGIES 1. The City and private developers will coordinate With the applicable fire districts on all development proposals within the City. 2. Prior to approving or supporting an annexation proposal, the City will make certain that the proposed area can be adequately served With fire protection, If the area cannot be served, the City Will cOornate with the applicable fire district to specify any corrective measures that would have to be taken by the City, fire district or person g priposing the annexation before the annexation takes place. 3 The nature and level of fire services will be subject to coordinated monitoring by the City and fire districts for evaluation and long-range planning. 7.7 PRIVATE UTILITIES vindiaaa • Utilities such as natural gas, electricity and telephone are provided by private utility agencies. IT-48 for each category defined under this Minor Impact 911111122_12asilitio, • Minor Impact Utilities • Tax Lots & Neighborhood Parks • Utility Poles & Lines, Fire Hydrants, Bus Shelters • Grade Schools • Water Storage • Telephone Co. Switching Station • Power Substation High Impact Utilities & Facilities * "4- Postal Services • Fire Station • Ambulance Service • Transit Station (outside CBD) Major Impact Utilities & Facilities Medium Impact Utilities & Facilities • Admin. Service Use (Gov't Services) • Community Parks • Golf Courses • Cultural Exhibits • Library Services • Lodges, Fraternal & Civic Assembly • Middle Schools • High Schools • Trade Schools • Religious Assembly -Transit_ Station ... (within CBD) • Community Clinic Facilities • Cemetery o Recycling Center • Community Recreation • Hospitals • Major impact Services & Utilities * Land Pill Minor_Im2a5tatilities and Facilities A. Locational Criteria (1) Access (a) Access to a minor impact, utility or facility may be from a local street provided: (i) Site Access will not cause dangerous intersections or traffic congestion considering the roadway capadity0 existing and projected traffic counts, speed limits and number of turning movements. Impact of the Proposed Change on Adjacent Lands (a) The use shall be allowed provided: (i) Associated lights and noise will not interfere with the activities and uses on surrounding properties; (ii) Large scale construction and parking lots an be buffered from the adjacent uses; ' (iii) Privacy of adjacent residential developments can be maintained; (iv) Community identity can be maintained through design and site layout which blends the structure into the residential character of the area; and Buffering can be used to screen the project from adjacent uses. Site Characteristics The use shall be allowed provided: The unique natural features, if any can be incorporated into the design of the facilities or arrangement of land uses; ii) 53,10 landeintended for.development has an average site topography of less than 25% grade, or it can be demonstrated that through engineering techniques, all limitations to development and the provision of services can be mitigated; (NOTE: This does not apply to parks.) ii) The site is of a size which can accommodate [the) present and future uses and is of a shape Which allows for a site layout in a manner which maximizes user convenience and energy conservation. Medium Mmeast Utilities ar A. LOcational Criteria d Patilities There is direct access from the site to a collector street and traffic will not be routed through local neighborhood streets. Site access will not cause dangerous intersections or traffic congestion considering the roadway capacity, existing and projected traffic counts, speed limits and number of turning movements. There is public transit within one-quarter Mile of the site (2) Impact of the Proposed Change on Adjacent Lando (a) It is compatible with surrounding uses, considering scale, character and use, (b) It will reinforce orderly and timely development. (c) Associated lights and noise will not interfere With the activities and Uses on sUrrounding properties. • • CITY 01? TIG41RD FENCE AND WALL REQUIREMENTS Chapter 18.100 of Tigard's Community Development Code discusses landscaping and screening and- contains specific requirements pertaining to allowable fence and wall heights and their placement on a property. , . , yhe provisions of this Chapter apply to all development including the construction of new structures, the remodeling of existing structures and to a change in property use. There are several regulations which affect where you can place a fence and at what height. These are: 1. Whether your property is a corner or an inside lot 2 Whether there are any easements on the property 3. Vision clearance area requirements 4. On what portions(s) of your property you intend to build the fence (front yard? side yard? rear yard?) 5. Zoning setbacks A. Setbacks for Fences and Walls 1. Fences and walls generally may be placed directly on your property line or anywher,t inside your property line. There are two exceptions to this rule and 'they will be discussed' in' the section pertaining to corner lots. 2. Fences and walls may not be placed in the public right-of-way. The right -of --way consists of. the street, the curb, the sidewalk and sometimes a small green landscaping strip. 3. Fences Located in the front yard or a corner side yard and which exceed any height limitations must meet the setback requirements for structures in the applicable zoning district. This information may be obtained from the P;tnning Division. B. Fence and hie l Height Restrictions for Regular and Fla Lgats Please "refer to e 1. The figure indicates the location of your figure front, side and rear yards. Fences or walls may not exceed three feet in height in a required front yard. yard or a h exceed any limitations front meet the corner side yard and which Y E setback requirements for structures id the applicable zoning district. y' .t�. . eight feet in height ht wo de Fences or walls may be erected u to six met in height in required side ' Fences between six and eig g would and rear ya>wds, nceit prior to erection of the fence which can be require a Building Permit All Building .. have a va�rianCe ®a obtained from the City Building Division (639 -4171, ext. �.. � 315 or 349). approval fences proposed to be over 8 feet in height must pp from the Planning Division (639-4171, ext. Fence and WalljklEtAstyietions fot Corner Lots Please refer to figure 2. As with regular lots, fences or walls may not exceed three feet in height in a required front yard. Fences or walls mav be erected up to a height: of six f et in required side or rear yards. If you wish to build a fence etween and 8 feet in height, then a Building Permit must be obtained from the Building Division. Fences higher than 8 feet must be reviewed by the Planning Director via an application for a variance. There are two special requirements unique soc___:tame3J.40. The first is hat fences-7E-0 be erg4:07-iid, which abuts Pr.. 6-16:igr.cora.Ar—fil.4e..Ya0),.......kiLt--711.Vast: o .A.LArts.tde the _R44ty4...jmg__,t4e mperty line (see figure 2 • The other requirement for corner lots is that all fences and swills meet clearance area requirements. Vision Clearance Area Re mirements A vision clearance area shall be . maintained oa the corners of all property adjacent to the intersection of two streets, a street and a railroad or a driveway providing access to a public or private street. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure or temporary or permanent obstruction exceeding 3 feet in height, measured from the top of the curb, or where no curb exists, from the street center lint grade, except that trees.exceeding this height may be located in this area provided that all branches below 8 feet are removed. Please refer to the attached diagrams for measurement of the vision clearance area on a property which abuts two streets which meet at a 900 angle. Vision clearance areas may be.different for properties which abut non-right angle intersections. SUMMARY Should you have any questions whatsoever pertaining to fence placement) height, vision clearance area or setback reqvirements, please feel free to call the Planning Division at 639-4171. DAS:en/319711/0022P A. No fence or wall shall be constructed whichexceeds the standards in Subsection 18.100.090.8. except when the approval authority, as a condition of approval, allows that a fence or wall be constructed to a height greater than otherwise permitted in order to mitigate against potential adverse effects. B. Fences or walls: May not exceed three feet in height in a required front yard .4.3DSJS2241.-stic.2 or [six feet on a corner side yard or] eight feet in all other locations and, in all cases shall meet vision clearance area .requirements ( Chapter 18.102); 2. [Are permitted outright in side yards or rear yards to a height of six feet;] Are_mgatttlAjm.21.jak)s ht frm-------i-a-CM-lt—tg---alkt collector street. For an fence over threella hAightill the 2-11.0 °f the 1 1 .A.11 Jfl ces or wa_3,11 meet visi_____earance areg. reqgirements Cha ter 18.102 Located in a side or rear yard and Which are between six feet and eight feet in height shall be subject to building permit approval; ] Located in the front yard or corner Side yard and which exceed the height limitation shall comply with the setback requirements for structures set forth in the applicable zone; or] Located within a corner side shall be no closer than two feet from the property line, and Shall satisfy visual clearance requirements. (Ord. 89w 06; Ord. 85-14; Ord. 83-52)] j. All fences or walls • eater than six feet in hei •ht shall be subjto.1.--4Duildiruit_stgpr 18.102,020 Visual Clearance: Rolgitgl Where the crest of a htiI_Rr_agdOJ.aL!gltO81.J."aNMILtk2ag. contribute to the obstruction of ciear_loits_p_ag, fendga wan stires and temnositt eliminated to com 1 With the interettl_te AvgdgeL41 18.100.090 Setbacks for Fences or Walls A. No fence or wall shall be constructed which exceeds the standards in Subsection 18.100.090.13 except when the approval aUthority, as a Condition of approval, allows that a fence or wall be constructed to a height greater than otherwise permitted in order to mitigate against potential adverse effects. B. Fences or walls: 1. Hay not exceed three feet in height in a required front yard along local streets or eight feet in all other locations and, in all other cases, shall xneet vision clearance area requirements (Chapter 18.102); 2. Are permitted up.to six feet in height in front yards adjacent to any designated arterial, major collector or minor collector street, For any fence over three feet in height in the required front yard area, permission shall be subject to administrative review of the location of the fence or wall. C. A11 fences or walls shall meet vision clearance area requirements (Chapter 18.102); D. All fences or walls greater than six feet in height shall be subject to building permit approval. (Ord i 92-04; Ord. 89-06; Ord. 85-14; Ord, 83- 52) ReVised 02/11/92 cie 219-2 dIU.L A111181631 MMIPAILIMIUMMROMINIMMNOMMONYWN•MMENNMENOM■I CORNER. LOTS SIDE- YARD CORNER - SIDE YARD 3FT. ,-BUILDING SETBACK LINE 3FT. --> SIDEWAL VISION CLEARANCE AREA .... TREES af-r. OR LESS cur OFF. 30FT STREET GREEN STRIP ml - 3FT. MAXIMUM HEIGHT. VARIANCE NEEDED FOR MORE THAN 3FT, inuttemessiiikumnsemems 6E1% MAXIMUM HEIGHT WITHOUT A BUILDING PeRMIT: • 6 OFT. BUILDING PERMIT IS ReQuiRED, - OVER 8FT. VARIANCE REQUIRED. FIGURE it • VISUAL CLEARANCE AREA FOR LOTS • WITH DRIVEWAYS 24 OR. MORE IN WIDTH, AND FOR CORNER LOTS WHICH ABUT PUBLIC STREETS 24' OR MORE IN WIDTH. ct.rN 1- PROPERTY w o w LOT C9. 0 c!9 IS AL CLEARANCE AREA PROPERTY LINE SIDEWALK ~a� GREEN STRIP '-•-.. PUBLIC STREET OR DRIVEWAY VISUAL CLEARANCE AREA FOR DRIVEWAYS LESS THAN 24' IN WIDTH. W uJ a BUILDING SETBACK LINE rL VISUAL CLEARANCE AREA APEX PRIVATE ACCESS DRIVE AFFIDAVIT OF MAILING STATE OF OREGON County of Washington ) ss. City of Tigard depose and says Please print) , being first duly sworn /affirm, on oath That I served NOTICE OF PUBLIC HEARING FOR: That I served NOTICE OF DECISION FOR: City of Tigard Planning Director gard Planning Commission Tigard Hearings Officer Tigard City Council A copy (Public Hearing Notice /Notice of Decision) of which is attached (Marked Exhibit "A ") was mailed to each named pe sans at the address shown o he attached list marked exhibit "B" on the _ c1ay of ji„, ,,,/It , 19-1 , said notice NOTICE OF DE JION as here o attached, was poste can an appropriate bulletin board on the `day of Ll,"A , 19 and dep si ed in the United States Mail on the ig " clay of 44, , 19c- h•--,% postage prepaid. Prepared Notice Subscribed and sworn /affirm to me on the . day of 19._. NOTARY PUBLIC OF OREGON My commission Expires t 4■";.1.- STATE OF OREGON County of Washington City of Tigard being first duly sworn/affirm, That I am a The City of Tiga d, Orogon. served NOTICE OF PUBLIC HEARING OR served NOTICE OF DECISION FOR: City of Tigard Planning Director Tigard Planning Commission t,(rigard Hearings Officer Tigard City Council 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 DECISION as here bulletin board on the day of jL it the United States Mail on the postage prepaid. Decision) of which is attached (Harked persons at the address shown on he day of attached, was posted on an appropriate 19, and deposited Prepared Notice es.. ,, OFFICIAL sr a (,), •01 DIAHL, M. JELD'IiFS ' . .' .'i , NOTA4V t1J,31.1C.t.0-XM .1.1 ,- COMMISSION NO. 0089'17 a PAY commissiom ExPmes $81,-ra 71 1.9'Pl . N TA PUBLIC f4' R CON My Commission ires: ■ • • • . • . . NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFXCER, AT A MEETING ON MONDAY, glinaLl2j_1521, AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BLVD., TIGARD, OREGON, WILL CONSIDER THE FOLLOWING APPLICATION: FILE NO: CUP 94-0003/VAR 94-0002 FILE TITLE: Cellular One APPLICANT: CellUlar One 1600 SW 4th Avenue Portland, OR 97201 (503) 248-7478 OWNER: D. Schaeffer M. Munch 14520 SW Bull Mt. Rd. Tigard, OR 97224 REQUEST: CONDITIONAL USE CUP 94-0003 VARIANCE VAR 94-0002 CELLULAR ONE The applicant requests approval for the following development applications: 1) Conditional Use approval to allow the construction of a cellular communications facility consisting of a 100 foot wood pole tower and a 336 square foot equipMent shelter, 2) Variance approval to the buffer area width requirement from 20 feet to 15 feet to allow the construction of a 10 foot wide access driVe. LOCATION: Southwest corner of SW Hall Boulevard and 8W Pfaffle Street (WCTM 181 35DA, tax lot 1100). APPLICABLE REVIEW 18.64.040, 18,100 18,114.130 (D), 18 18.164; Comprehens 8.1.3. Code ters and Sections CRITERIA: CommUnity DeVelopment Co e Chap ,035, 18.100.080, 18,100.030, 18.102, 18.106, 18.108.080, .130.040, 18.130.050 (18), 18.132,040, 18.134.050, 18.150, and ive Plan Policies 2.1.1, 4.2.1, 7.1.2, 7.3.1, 1.4.4, 8.1.1, and ZONE: C-P (Professional Commercial) The C-P zone allows public agency and adminiStrative servides, public support faCilities, business equipment sales and services, business sUpport serviceS, finandial, ihsUrance, and real estate serviceS, and Utilities aMong other UseM. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER 18.30. ASSISTIVE LISTENING DEVICES' ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CM' WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL 639-4171, EXT. 356 (VOICE) OR 684-2772 (TDD TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAIM ARRANGEMENTS, ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT T4E PUBLIC HEARING, ORAL TESTIMONY MAY BB PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE HEARINGS OFFIcEH WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER: OPEN THE PUBLIC HEARING; AND INVITE BOTH oRAL AND WRITTEN TESTIMONY, TH8 HEARINGS OFFICER MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION, OR CLOSV, THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION, IF A PERSON SUBMITS EVIDENCE IN SUPPORT To THE APPLICATION AFTER Mgy11 1994 , ANY PARTY 18 ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE (RANTED AT THE 1 41 • 1 HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN DAYS AFTER THE HEARING. INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE kE,UEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE HEA RIi' GS OFFICER WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT 15 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 MAILER AN OPPORTUNITY TO RESPOND TO THE ISSUE PRECLUDES AN APPEAL TO THE IAND USE BARD 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 PLANNER Mark Roberts AT 639 -4171, TIGARD CITY HALL, 13125 SW HALL BLVD., TIGARD, OREGON. 181350A-00600, A ?sly$, Wei G AND 8Pa ,95 A, PAUL F 13.260 SW HALL 8T t,.1 TIGAPD OR 97223 18135DIk- 09700 . o ....... a ....... 6088X4, PAUL AND GRAHAM, DON 0 11260 SW VD TIGARD OR 97223 OR 97223 18135DA -01000 4,4e4 5, DONALD N MUNCH, MICHAEL T 14520 SW BULL NT RD TIGARD OR 97224 18135DR -01900 BROWN, DAVID 6a3'':L.XAM 19065 SW JOHNSON ALOHA 18135DA-00900 GRAM, DON G AND BROSBIA, PAUL F 11230 SN BALL BLVD TIC OR ''i7006 OR 97223 18 35DA- 01.200 ........ o ....... oe.ne 6, MIS T AND SCHAEFFER, BALD N 14520 SW BML MT R0+ TIGARD OR 97224 18135DA -02000 ....e..o.....•d...... BROWN, DAVID WILL • • 19065 6W JOHNS ALOHA OR 9°x'006 1513 890 w..e....e.... NEPSILL, ROBERT R G LOTA 0405 SW PFAFF= D.0 TIGARD OR 97223 1813600900 p .... 0 ... t! ORO8l ', JAY ROBERT a A: BEM R 8465 SW P7AFFLE a .GARD 181360A -- 01000 • COf, TRUMAN 0r RUTH H 8395 SW Emma ST TIGARD OR 97223 1$136cc- 00400 MCGUIRE, ROBERT J /WILLIAM A SARAH A/JAMES E AND THOMAS P 8470 SW PF'PFFba ST TIGARD OR 97223 18136 'C -00300 HERRIN ►S:, PAUL A ANNA 8400 4W PFAPFLE ST TIGARD OR 97223 •••6 O O O O O e d • • ` • e • o e • • 00601 DP r f ' t t+� rr iw.. t,�. H i . A 1'r,AX►.L1I '!\t r ,:.,. .. am a eamitc\ii .8.07J3U T " "'' V '1 ;± x , r OR 97223 CELLULAR ONE 1600 SW 4TH AVE PORTLAND OR 97201 WARD RARER CHAIRMAN CPO 4I 7617 SW BAR CREST PORTLAND Oft 97223 [Page Too Large for OCR Processing] 18135DA-,00600 0•400400009080.0i0•0000 GRAHAM, DON G AND BROSSIA, PAUL F 11260 SW HALL BLVD TIGARD OR 97223 18135DA.,00700 BROSSIA, PAUL F AND GRAHAM, DON G 11260 SW HALL BLVD TIGARD 1S135DA-00800 GRAHAM, DON G AND BROSSIA, PAUL F 11260 SW HALL BLVD TIGARD 1S135DA-00900 GRAHAM, DON G AVD BROSSIA, PAUL F 11260 SW HALL wo TIGARD 1S135DA‘,01000 SCHAEFFER, DONALD M MUNCH, MICHAEL T 14520 SW BULL MT RD TIGARD 18135DA-01200 MUNON, MICHAEL T AND SCHAEFFER, DONALD M 14520 SW BULL MT RD TIGARD OR 97224 18135DA-01900 BROWN, DAVID WILLIAM 19065 SW JOHNSON ALOHA 18135DA-02000 BROWN, DAVID WILLIAM 19065 SW JOHNSON ALOHA 18136C8.40890 oe0s044441iiiiito040 .. oo• NEWBILL0 ROBERT R & LOVA M 8485 SW PFAFFLE RD TIGARD OR 9722S 18136013-00900 GROSHART, JAY ROBERT AND BETTY R 8465 SW PFAFFLE TIGARD 1S136CB 01000 osoO•Oo COWLEY, TUUMAN G & RUTH H 8395 SW PFAFFLE ST TIGARD OR 97223 18136CC-00400 MCGUIRE, ROBERT J/WILLIAM A SARAH A/JAMES E AND THOMAS P 8470 SW PFAFFLE ST TIGARD 18136CC-00300 HERBERHOLZ, PAUL A ANNA 8400 SW PFAFFLE ST TIGARD OR 97223 OR 97223 [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] ENEE13212&COMMENTS DATE: Tigard Planning Department CONDITIONAL USE CUP 94-0003 VARIANCE VAR 94-0002 CELLULAR ONE LOCATION: Southwest corner of SW Hall Boulevard and SW Ptaffle Street (WCTM 151 35DA, tax lot 1100). The applicant requests approval for the following development applications: 1) Conditional Use approval to allow the construction of a cellular communications facility consisting of a 100 foot wood pole tower and a 336 square foot equipment shelter; 2) Variance approval to the buffer area width requirement from 20 feet to 15 feet to allow the construction of a 10 foot wide access drive. APPLICABLE REVIEW CRITERIA; Community Development Code Chapters and Sections 18.64.040, 18.100,035, 18.100.080, 18.100.030, 18.102, 18.106, 18.108.080, 18,114.130 (D), 18.130.040, 18.130.050 (18), 18,132.040, 18.134.050, 18.150, and 18.164; Comprehensive Plan Policies 2.1.1, 4,2.1, 7.1.2, 7.3.1, 7.4.4, 8.1.1, and 8.1.3. ZONE: C-P (Professional Commercial) The C-P zone allows pUblic agency and administrative serVices, public support facilities, business equipment sales and services, business support services, financial, insurance, and real estate services, and utilities 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 applic,Ation, we need your comments by 114.y...a, 1994. You may use the space provided below or attach a separate letter to return your comments. If_you are unable to respond b the above date please phone the staff Contact noted below with your comments and confirm your comments in writing as soon aO possible. If you have any questions regarding this matter, contact the Tigard Planning Department, 13125 SW Hall Blvd., Tigard, OR 91223. PHONE: 639-4171. STAFF CONTACT: Victor Adonri PLEASE CHECK THE VOLLOWINO ITEMS THAT APPLY: We have reVigmed the proposal and have no objections to it. PleaSe contact of our office. Please refer to the enclosed letter. Written Comments: Name of Person Commenting: Phone Number: .1! • ti07['IP C TIO'S LIST POR ALL APPLICATIONS ..../... CPO NO. 1. CIT ;..,..___,(2) copies 2. CITY DEPARTMENTS Building Official/Dave 6. City Recorder Rngineering /Michael A. r Permits Facilitator/Viola G. 3. SPECIAL DISTRICTS dire District, (pick-Up box) Tigard Water Department — 8777 SW Burnham St. Tigard, OR 97223 Tualatin valley Water Dietric t 6501 SW Taylors Ferry Rd. Tigard, OR 97223 4. AP'PRCTED JURISDICTIONS Wash. Co. Land Use a Traanep. 150 N. First Ave. Hillsboro, OR 97124 Brent Curtiss Kevin Martin Mike Borreaon Scott Kin - Fred Eborie City Of Beaverton - Jim gendryx - Principal Piennor PO Box 4755 Beaverton, OR 97076 City of Ring city city Manager 15300 SW 116th zing city, OR 97224 city 02 Lake 3itySM ger A Oafwego Lake 0an+ego, OR 07034 V9Z state Highway Division Bab Doran PO Box 25412 Portland, OR 97225 -0412 SPECIAL AGENCIES General Telephone Engineering Office PO Box 23416 Tigard, OR 97281 -3416 NW Natural Gag Scott Palmer, Second Ave. Portland, OR 97209 TCI Cabltn►ieion of Oregon Linda, Peterson 3500 SW Bond St. Portland, OR 97201 Collunbia Cable (Frank Stone) 14200 SW Brigadoon Ct. Beaverton, OR 97005 6, STATE AGENCIES Aeronatttice Div. (0DOT) - bi^lrieion of State_ Lands • Comaderce Dept. - Mal. Park - Fish & Wildlife PUC Dept. of Environ. Quality 7, FuoittAt AOENCt1S Crr'p8. „,of Engineers "'”" Post 0ffite ememoomos d ®. Parke 4 Recreation Board Police /Field Operations Unified Sewerage Augenay /SWM Progran • '-155 N. First St. —.Hillsboro, OR 97124 Boundary Commission, - 320 SW Stark Roos 530 Portland, OR 97204 METRO - ORRENSPACES Osool Ml ---- Mel Buie (CPA'a /ZOA•ee) 600 RS Grand Portland, OR 97222 -2736 DLCD (CPA'i /ZOA'e) 1175 Court Bt. Ng Bale*, OR 97310 -0590 imarismar other ._:_ City of Durham City Manager PO Box 23483 -3483 Tigard, OR 07224 city of Portland Planning Director 1120 SW 5th Portland, OR 97204 ODOT Lidwien Rebmann 9002 BE McLoughlin Blvd. filwaukie, OR 97222 City of Tualatin PO Boot 369 Tualatin, OR 97062 Portland general glec. Brian Moore .. 14655 SW Old Boholle Pry. Beaverton, OR 97007 Matra Area Communications Jason Bewitt Twin Oaks Techn010117 Center 1015 NW 169th Place 8 -6020 Beaverton, OR 97006 -4886 US Went Pete Nelson 421 SW Oak 8t i Portland, OR 97204 Teri -feet Transit bey. KiM Knox 4012 SM 17th Ave. ,. Portlaand, 019 97202 DOGAMI p6 OTHER southern Pacific TrbnaportationCompany Duane M. Forney, PLB - Project Engines,, 000 NW 6th .Avenue, R. 324, Union station Pbrtlausd, OR 97209 [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]