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SDR2001-00004
SDR2001 -00004 DALTON ' S CATERING NOTICE OF TYPE II DEOSION SITE DEVELOPMENT REVIEW ) 2001-00004 k0) x n ;41-1111. ADJ USTMEI ' (V0020044000 CITY OF TIGARD D . M'S cr1 TE Community(Development a. � ... .SYaping 4"terCml eunity 120 DAYS = 12/13/2001 SECTION I. APPLICATION SUMMARY FILE NAME: DALTON'S CATERING CASE NOS.: Site Development Review (SDR) SDR2001-00004 Adjustment (VAR) VAR2001-00015 PROPOSAL: The applicant is requesting Site Development Review approval of a catering business and approval of an access and egress adjustment to allow the existing 15-foot driveway to be utilized, rather than the 30-foot width required by Tigard Development Code (TDC) Section 18/05.030(1). APPLICANT\ David Dalton APPLICANT'S James Andrews OWNER: 8530 SW Pfaffle Street REP: Nicoli Engineering Tigard, OR 97223-8497 PO Box 23784 Tigard, OR 97281 LOCATION: 8530 SW Pfaffle Street; WCTM 1S135DA, Tax Lot 1000. The subject site is located between Highway 217 and SW Pfaffle Street, east of SW Hall Boulevard. ZONE: C-P: Professional/Administrative Commercial District. The C-P zoning district is designed to accommodate civic and business/professional services and compatible support services, e.g., convenience retail and personal services, restaurants, in close proximity to residential areas and major transportation facilities. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.370, 18.390, 18.520, 18.705, 18.725, 18.745, 18.755, 18.765, 18.780, 18.790, 18.795 and 18.810. SECTION II. DECISION Notice is hereby given tha the IrofTigard Coniadli ? velopment Director's designee has, APPROVED the above request subject to certaih tOrlditions of approval. The findings and conclusions on which the decision is based are noted in Section VI. NOTICE OF TYPE II DECISION SDR2001-00004/DALTON'S CATERING PAGE 1 OF 26 CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO THE ISSUANCE OF SITE/BUILDING PERMITS: Submit to the Planning Division (Morgan Tracy, 503-639-4171, ext. 407) for review and approval: 1. Provide evidence that an access easement has been recorded with the property to the west. If there is no existing easement for the property to the west, the applicant shall provide said access easement, and shall negotiate in good faith to obtain a reciprocal 15-foot access easement from that property for potential future expansion of the access drive. The acquisition of the reciprocal easement shall not obligate construction of the wider access drive, until such time that the nature or occupancy of the business changes, as provided for in Condition No. 19. 2. Provide a revised site plan showing all 6 parking spaces meeting the minimum dimensional requirements of TDC Section 18.765.040.N. 3. Provide a detail on the site plan for the 2-stall bicycle rack designed according to TDC Section 18.765.050.C. 4. Provide a revised landscape plan which includes the following: A. type and quantity of ground cover to be planted along the east and north property line; B. three flowering pear street trees; C. new trees to account for mitigation requirement (as part of the tree removal). The amount of required mitigation will depend on the number of trees over 12-inch diameter that will be removed, pursuant to TDC Section 18.790.030.B. Required street trees and parking lot trees cannot be counted towards the mitigation requirement; D. additional low lying and vertical shrubbery between the parking area and the lawn; and E. planting material for the water quality facility, per Condition No. 12. 5. Provide a Tree Removal and Protection Plan showing all trees on the site, the size of the trees and which trees are to be removed. Trees shall be identified consistently with the arborist report. Tree protection recommendations from the applicant's arborist, as well as, those from the City Forester as stated later in this decision shall be incorporated into the protection plan drawings. The plan shall also include a table summarizing the trees to remain versus those to be removed, the representative percentage of total trees preserved to those removed, and the total caliper inches proposed for removal. 6. Provide a statement addressing the criteria of one of the 4-methods of compliance for Mixed Solid Waste and Recyclable Storage (Section 18.755.040). Submit to the Engineering Department (Brian Rager, 639-4171, ext. 318) for review and approval: 7. Prior to issuance of a site permit, a public improvement permit and compliance agreement is required for this project to cover the half-street improvement and any other work in the public right-of-way. Five (5) sets of detailed public improvement plans shall be submitted for review to the Engineering Department. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public improvement plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall and the City's web page (www.ci.tigard.or.us). NOTICE OF TYPE II DECISION SDR2001-00004/DALTON'S CATERING PAGE 2 OF 26 8. As a part of the public improvement plan submittal, the Engineering Department shall be provided with the exact legal name, address and telephone number of the individual or corporate entity who will be responsible for executing the compliance agreement (if one is required) and providing the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. 9. Prior to issuance of the site permit, the applicant shall dedicate five (5) additional feet of right-of-way to be conveyed to the City of Tigard, along the frontage of-SW Pfaffle Street to increase the right-of-way to 30 feet from centerline. The description shall be tied to the existing right-of-way centerline. Verification that the dedication has been recorded shall be provided to the City Engineering Department. 10. The applicant shall submit construction plans to the Engineering Division which indicate that they will construct a half-street improvement along the frontage of SW Pfaffle Street. The improvements adjacent to this site shall include: A. City standard pavement section for a local commercial industrial street from curb to centerline equal to 20 feet; B. pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond the site frontage; C. concrete curb, or curb and gutter as needed; D. storm drainage, including any off-site storm drainage necessary to convey surface and/or subsurface runoff; E. 5-foot concrete sidewalk; F. street trees behind the sidewalk spaced per TDC requirements; G. street striping (if applicable); H. streetlight layout by applicant's engineer, to be approved by City Engineer; street signs (if applicable); and J. driveway apron. 11. Prior to issuance of the site permit, the applicant shall coordinate with the Public Works Department regarding the proposed storm water connection to the main line in SW Pfaffle Street. 12. Prior to construction, the applicant shall investigate alternatives such as below ground treatment devices, like a catch basin unit by Stormwater Management and install such a unit, or demonstrate that such a solution would be impractical. Final plans, calculations, and a proposed maintenance plan shall be submitted to the Engineering Department (Brian Rager) for review and approval prior to issuance of the site permit. 13. An erosion control lan shall be provided as part of the public improvement drawings. The plan shall conform to "Erosion Prevention and Sediment Control Plans - Technical Guidance Handbook, February 1994." THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO A FINAL BUILDING INSPECTION: Submit to the Engineering Department (Brian Rager, 639-4171, ext. 318) for review and approval: 14. Prior to a final building inspection, the applicant shall complete any work in the public right-of-way (or public easement) and obtain approval from the Engineering Department. 15. The applicant shall pay all applicable Systems Development Charges, Transportation Impact Fees, and any approved payments in-lieu and provide evidence of payment. Said payments in-lieu are waived for storm water detention and for utility underground ing. NOTICE OF TYPE II DECISION SDR2001-00004/DALTON'S CATERING PAGE 3 OF 26 16. Prior to final building inspection, the design engineer shall provide the City of Tigard (Inspection Supervisor) with written confirmation that the water quality facility is in compliance with the design and specifications. Staff Contact: Hap Watkins, Building Division. THE FOLLOWING CONDITIONS SHALL BE CONTINUOUSLY SATISFIED AS PART OF THIS APPROVAL: 17. There shall be no direct sales of food from the subject site. This business cannot be operated as a restaurant by any means, without prior Site Development Review and approval and necessary modifications to the site in compliance with all applicable code provisions. 18. Prior to installing any signs, apply for a sign permit through a separate process administered by the Development Services Technicians. 19. The access width adjustment approval shall not run with the land, and shall be reexamined upon any subsequent change or intensification of use or alteration of the structure. A future Site Development Review may be required if, in the opinion of the Planning Director, such subsequent change or intensification results in a need for a standard access. 20. As this approval is to remedy an existing land use violation, timing for implementation of the approved improvements is of the essence. Extensions, as provided for in TDC 18.360.030.D, shall not be granted. THIS APPROVAL SHALL BE VALID FOR EIGHTEEN (18) MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site History: Staff conducted a search of City records for the subject property and found that a stop work order had been placed on the property due to construction activity occurring without permit. To address the life safety issues associated with the un-permitted work, building permits were issued in 2000 to modify the kitchen and add fire suppression, add an electrical service, and install gas service, and necessary inspections have been made. However, the owner was converting the residential structure to house the proposed catering business. Any conversion of a residential structure to a commercial use also requires a site development review to ensure that the necessary improvements to the property are made to facilitate orderly development. The applicant had not obtained this site development approval prior to occupying the structure. This application is to rectify the non-conforming use and site to enable its use for commercial activities in compliance with the zone. No other land-use cases are associated with this parcel. The adjacent parcel was the subject of a conditional use permit (CUP 94-0003) approval for a cellular communications facility. Vicinity Information: The subject site is located between Highway 217 and SW Pfaffle Street, east of SW Hall Boulevard. The site is bordered on the east by property zoned R-25 Residential, R-12 Residential on the north, and Professional Commercial (C-P) to the west and south. Site Information and Proposal Description: The applicant is proposing to convert the existing single-family structure into an off-site catering company. The structure will be used for general office and food preparation. An adjustment to the access and egress standard is requested to enable continued use of the existing substandard driveway. NOTICE OF TYPE II DECISION SDR2001-00004/DALTON'S CATERING PAGE 4 OF 26 SECTION IV. COMMENTS FROM PROPERTY OWNERS WITHIN 500 FEET No comments were received from nearby property owners. SECTION V. SUMMARY OF APPLICABLE REVIEW CRITERIA The proposal's consistency with these Code Chapters is reviewed in the following sections: A. Zoning Districts 18.520 (Commercial Zoning Districts) B. Applicable Development Code Standards 18.370 Variances and Adjustments) 18.705 Access Egress and Circulation) 18.725 Environmental Performance Standards) 18.745 Landscaping and Screening) 18.755 Mixed Solid Waste and Recyclable Storage) 18.765 Off-Street parking and loading requirements) 18.780 Signs 18.790 Tree Removal) 18.795 Visual Clearance) C. Specific DR Approval Criteria 18.360 D. Street and Utility Improvement Standards 18.810 E. Impact Study 18.390 SECTION VI. APPLICABLE DEVELOPMENT CODE STANDARDS A. ZONIING DISTRICT Commercial Zoning District: Section 18.520.020 Lists the description of the Commercial Zoning Districts. The site is located in the C-P: Professional Commercial District. The proposed use, a catering business is not explicitly listed in the code. At its face, it would seem the most similar use would be "Eating and Drinking Establishments;" however, this use is primarily customized by patrons coming to the site to either dine in or take out. The proposed catering business does not (and incidentally can not) provide direct sales of food to on-site customers. Instead, the business provides a service to persons by preparing and providing food off-site for events or gatherings. It is, therefore, more similar in nature and in impact as a Personal Service Use, which is outright permitted in this zone. FINDING: The proposed use is classified as a Personal Service Use based on the nature of the business, and the fact that no direct food sales occur on site. CONDITION:There shall be no direct sales of food from the site. This business cannot be operated as a restaurant by any means, without prior Site Development Review and approval and necessary modifications to the site in compliance with all applicable code provisions. Development Standards: Section 18.520.040.B States that Development standards in commercial zoning districts are contained in Table 18.520.2 below: NOTICE OF TYPE II DECISION SDR2001-00004/DALTON'S CATERING PAGE 5 OF 26 TABLE 18.520.2 DEVELOPMENT STANDARDS IN COMMERCIAL ZONES STANDARD C-P Proposed Minimum Lot Size 6,000 sq. ft 10,890 sq. ft. - Detached unit - - Boarding, lodging, rooming house Minimum Lot Width 50 ft 100 ft. Minimum Setbacks - Front yard Oft 3 ft. -Side facing street on corner& through lots - - -Side yard 0/20 ft [1] 35 ft. -Side or rear yard abutting more restrictive zoning district - - Rear yard 0/20 ft [1] 45 ft. - Distance between front of garage & property line abutting a public -or private street. Maximum Height 45 ft 20 ft. Maximum Site Coverage [2] 85% 62 Minimum Landscape Requirement 15% 31% [1]no setback shall be required except 20 feet shall be required where the zone abuts a residential zone. [2]includes all buildings and impervious area As demonstrated in the table above, the applicant's plans comply with the dimensional standards of the C-P zone. FINDING: Based on the analysis above, the underlying zone's development criteria have been satisfied. B. APPLICABLE DEVELOPMENT CODE STANDARDS The Site Development Review approval standards require that a development proposal be found to be consistent with the various standards of the Community Development Code. Variances and Adjustments (18.370): The applicant has requested an adjustment to the access and egress minimum width standard due to the existing driveway's substandard condition. Tigard Development Code section 18.705.030(1) requires commercial driveways to be a 24 foot wide paved area within a 30 foot accessway. The subject site provides for a 12 foot wide paved driveway within a 15 foot accessway. Section 18.370.020.C.3.b allows the Director to approve, approve with conditions, or deny a request for an adjustment to the access requirements, based on the following criteria: It is not possible to share access; The site presently shares access with the adjacent lot to the west (cell tower site). The applicant has indicated that there is an access easement for this joint use, but has not provided evidence to this effect. The lot to the east is zoned residential and its present driveway to the single-family dwelling is not suitable for joint use. There are no alternative access points on the street in question or from another street; There are no alternatives from another street, as the right-of-way in the rear (south) is Highway 217, a restricted access route. There is one other possible alternative access point to the subject property on the east side of the existing structure. However, creating an access here would result in duplication of access points on the site. As the present access is used for accessing the cell site property to the west, creating a new access on the east will mean having two access points within 50 feet of one another. It would also require an additional 12% of impervious area on the site. NOTICE OF TYPE II DECISION SDR2001-00004/DALTON'S CATERING PAGE 6 OF 26 The access separation requirements cannot be met; The access separation requirements per the City's Engineering Design Manual are generally as follows: 30' from an intersection, 30' between driveways on the same property, and 6' from the edge of a driveway approach to the property line. The adjustment requested is not due to separation deficiencies. However, it shall be noted that the present driveway does not meet the current separation requirement from a property line. The request is the minimum adjustment required to provide adequate access; The request is to allow an existing condition to remain. The site is constrained by the placement of the existing structure and below grade walkways to the basement. There is a limited amount of area that could be used to expand the driveway to 15 feet wide. This would barely enable two vehicles to pass if necessary. With the present driveway at 12 feet, drivers will universally recognize that there is no ability for two cars to pass, and won't attempt to enter the site as another vehicle tries to exit. Increasing the width to 15 feet may actually decrease the functionality of this driveway. The applicant has indicated that the lot to the west is served by the same driveway via an access easement. If there is no access easement, there may be an opportunity to obtain a reciprocal access agreement for an additional 15 feet of width. This will allow for future construction of an access drive that conforms fully to the width standards of the code. The approved access or access approved with conditions will result in safe access; and According to the applicant's narrative, this driveway has been utilized since improvements to SW PfaffTe Street were made in 1989. In the 12 years, the driveway has been used for both residential and commercial uses without any problems. Part of the basis for allowing continued use of the existing driveway is the nature of the catering business. This business operates with infrequent client visits, and the majority of trips to the site will be by employees and others familiar with the unusual driveway arrangement. It is this familiarity combined with the relatively low number of vehicle trips generated that justify the allowance of the substandard condition. It is also anticipated that the predominance of the clientele will utilize on street parking, as the structure is oriented towards the street. The visual clearance requirements of Chapter 18.795 will be met. The visual clearance requirements will not be met due the location of the existing structure. However, this is a non conforming situation that will not be further affected by this proposal. FINDING: Based on the analysis above, staff finds that the nature of the proposed use is typified by infrequent client visits, off-site delivery of goods, and a relatively low trip generation. Also, the majority of trips to the site will be made by people familiar with this driveway configuration (employees and delivery service personnel), and is not of a general public nature. Visitors to the site will also likely utilize on street parking based on the orientation of the structure. CONDITIONS: • The access width adjustment approval shall not run with the land, and shall be reexamined upon any subsequent change or intensification of use or alteration of the structure. A future Site Development Review may be required if, in the opinion of the Planning Director, such subsequent change or intensification results in a need for a standard access. • Provide evidence that an access easement has been recorded with the property to the west. If there is no existing easement for the property to the west, the applicant shall provide said access easement, and shall negotiate in good faith to obtain a reciprocal 15-foot access easement from that property for potential future expansion of the access drive. NOTICE OF TYPE II DECISION SDR2001-00004/DALTON'S CATERING PAGE 7 OF 26 • The acquisition of the reciprocal easement shall not obligate construction of the wider access drive, until such time that the nature or occupancy of the business changes, as described in the above condition. Access, Egress and Circulation (18.705): Access plan: No building or other permit shall be issued until scaled plans are presented and approved as provided by this chapter that show how access, egress and circulation requirements are to be fulfilled. The applicant shall submit a site plan. The Director shall provide the applicant with detailed information about this submission requirement. The applicant has provided plans showing access, egress and circulation from SW Pfaff le Street, which is a public street. Therefore, this standard has been satisfied. Joint access: Owners of two or more uses, structures, or parcels of land may agree to utilize jointly the same access and egress when the combined access and egress of both uses, structures, or parcels of land satisfies the combined requirements as designated in this title, provided: Satisfactory legal evidence shall be presented in the form of deeds, easements, leases or contracts to establish the joint use; and copies of the deeds, easements, leases or contracts are placed on permanent file with the City. No joint access is proposed in this application. The property to the east is zoned residential and the property to the west is occupied by a cell tower with its own access. The property to the north is a landlocked parcel under the same ownership as the subject application. This parcel is substandard in size, and could not be separately developed. As there is no compelling reason for joint access, none is required. Public street access: All vehicular access and egress as required in Sections 18.705.030H and 18.705.0301 shall connect directly with a public or private street approved by the City for public use and shall be maintained at the required standards on a continuous basis. The subject site is accessible from SW Pfaff le Street, a public street. Therefore, this standard has been satisfied. Curb cuts: Curb cuts shall be in accordance with Section 18.810.030N: Concrete curbs, curb cuts, wheelchair, bicycle ramps and driveway approaches shall be constructed in accordance with standards specified in this chapter and Section 15.04.080: Concrete curbs and driveway approaches are required; except where no sidewalk is planned, an asphalt approach may be constructed with City Engineer approval and Asphalt and concrete driveway approaches to the property line shall be built to City configuration standards. The proposed site plan shows the existing curb cut and driveway approach to remain. Staff has examined this approach and confirms that its construction is in substantial conformance with City standards. Walkways: On-site pedestrian walkways shall comply with the following standards: Walkways shall extend from the ground floor entrances or from the ground floor landing of stairs, ramps, or elevators of all commercial, institutional, and industrial uses, to the streets which provide the required access and egress. Walkways shall provide convenient connections between buildings in multi-building commercial, institutional, and industrial complexes. Unless impractical, walkways shall be constructed between new and existing developments and neighboring developments; NOTICE OF TYPE II DECISION SDR2001-00004/DALTON'S CATERING PAGE 8 OF 26 According to the plans submitted, a concrete walkway will connect the parking area to the building's rear entrance, and a walkway will connect the front entrance to the street. There are no neighboring developments that would be better served with a walkway and existing rights-of-way provide adequate pedestrian access to the site. Wherever required walkways cross vehicle access driveways or parking lots, such crossings shall be designed and located for pedestrian safety. Required walkways shall be physically separated from motor vehicle traffic and parking by either a minimum 6-inch vertical separation (curbed) or a minimum 3-foot horizontal separation, except that pedestrian crossings of traffic aisles are permitted for distances no greater than 36 feet if appropriate landscaping, pavement markings, or contrasting pavement materials are used. Walkways shall be a minimum of four feet in width, exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle racks, and sign posts, and shall be in compliance with ADA standards; The proposed walkway does not cross the proposed parking lot associated with this project. Therefore, this standard is met. Required walkways shall be paved with hard surfaced materials such as concrete, asphalt, stone, brick, etc. Walkways may be required to be lighted and/or signed as needed for safety purposes. Soft-surfaced public use pathways may be provided only if such pathways are provided in addition to required pathways. The plan depicts concrete sidewalks, and a portion of the walkway will be on a wood deck, which meets the standard. Minimum Access Requirements for Commercial and Industrial Use: Section 18.705.030.1 provides the minimum access requirements for commercial and industrial uses: Table 18.705.3 indicates that the required access width for developments with 0-99 parking spaces is one 30-foot accesses with 24 feet of pavement. Vehicular access shall be provided to commercial or industrial uses, and shall be located within 50 feet of the primary ground floor entrances; additional requirements for truck traffic may be placed as conditions of site development review. The development has one point of access from SW Pfaffle Street into the parking lot that is only 15 feet wide, which does not meet this standard. Therefore, the applicant has requested an adjustment, discussed earlier in this decision, to address this requirement. One-way vehicular access points: Where a proposed parking facility indicates only one-way traffic flow on the site, it shall be accommodated by a specific driveway serving the facility; the entrance drive shall be situated closest to oncoming traffic and the exit drive shall be situated farthest from oncoming traffic. The site plan shows the access drive to accommodate two-way traffic. Therefore, this standard does not apply. The Director has the authority to restrict access when the need to do so is dictated by one or more of the following conditions: To provide for increased traffic movement on congested streets and to eliminate turning movement problems, the Director may restrict the location of driveways on streets and require the location of driveways be placed on adjacent streets, upon the finding that the proposed access would: • Cause or increase existing hazardous traffic conditions; or • Provide inadequate access for emergency vehicles; or • Cause hazardous conditions to exist which would constitute a clear and present danger to the public health, safety, and general welfare. NOTICE OF TYPE II DECISION SDR2001-00004/DALTON'S CATERING PAGE 9 OF 26 To eliminate the need to use public streets for movements between commercial or industrial properties, parking areas shall be designed to connect with parking areas on adjacent properties unless not feasible. The Director shall require access easements between properties where necessary to provide for parking area connections; To facilitate pedestrian and bicycle traffic, access and parking area plans shall provide efficient sidewalk and/or pathway connections, as feasible, between neighboring developments or land uses; The subject property is bordered by residential zones on two sides, a freeway (Major Arterial), and a commercially zoned cell tower. SW Pfaff le is a minor collector, but offers the only means of egress from the site. There are no opportunities to connect with other parking areas, however, the small parcel to the south (zoned C-P) could be part of future expansion of the subject site. The applicant's plan shows the proposed parking area extending to the southern property line, enabling an easy connection to this adjoining parcel, if so desired. Because this adjoining site is not sufficiently sized and lacks access, future consolidation of this lot with the subject parcel would be required, negating the need for recording an easement on the subject site. The lot to the west is also zoned C-P but is presently developed with a cellular tower facility. The cell tower currently shares access with the subject site. There is a discrepancy as to whether the access drive is located on the subject site or on the lot to the west. The applicant notes that an access easement exists for the cell tower to use the existing driveway, while the cell tower application (CUP 94-0003) showed the driveway on that property. The applicant will need to provide evidence of the access easement to ensure adequate access exists to both properties. If there is none, then the applicant shall negotiate in good faith to obtain a reciprocal easement from the cell tower site in exchange for granting an easement for the cell tower to use the existing driveway, to promote joint use of the accessway. FINDING: Based on the analysis above, the Access, Egress and Circulation standards have not been met. However, as conditioned in the previous section regarding the requested adjustment, this standard is met. Environmental Performance Standards (18.725) The purpose of these provisions is to apply the federal and state environmental laws, rules and regulations to development within the City of Tigard. These requirements are intended to prevent or mitigate for adverse environmental impacts to offsite properties from noise, visible emissions, vibration, odors, insects and rodents, and glare and heat. The proposed catering business will be conducted wholly indoors thereby limiting noise and odors. Visible emissions will be limited to steam resulting from the ventilation systems for the cooking areas. Steam is an acceptable emission by these standards. There is no anticipated vibration from the proposed use as no heavy equipment will be used. No emissions of heat will be detectable at the property line, and glare will be limited to security lighting of the parking area, which is permissible. The most pertinent performance standard is related to insect and rodent control. The preparation of food creates large amounts of organic waste which is an attraction for insects and rodents. Successful insect and rodent control can be achieved by proper disposal into waste containers that can be sealed off. The applicant will be provided with a dumpster with regular and routine trash pick-up service. FINDING: Based on the analysis above, and continued obligation of the property owner to adhere to these provisions, this standard is met. NOTICE OF TYPE II DECISION SDR2001-00004/DALTON'S CATERING PAGE 10 OF 26 Landscaping and Screening (18.745): Street Trees: Section 18.745.040 states that all development projects fronting on a public street or a private drive more than 100 feet in length shall be required to plant street trees in accordance with Section 18.745.040.0 Section 18.745.040.0 requires that street trees be spaced between 20 and 40 feet apart depending on the size classification of the tree at maturity (small, medium or large). This development fronts a public street and is, therefore, required to plant street trees. The site plan indicates two flowering pear trees on the street frontage. These trees at maturity spread between 15-35 feet. The site plan shows the trees planted 20 feet apart, which should be adequate. There is available space to plant a third street tree in a manner that would not affect vision clearance. Buffering and Screening: Section 18.745.050 states that buffering, but not screening is required between abutting uses that are of a different type when the uses are separated by a street. No buffer or screening is required between similar uses. Property to the north is zoned (R-12) Residential, but is separated by a street. Property to the south of the subject site is zoned (C-P) Professional Office, but is predominantly public right -of- way. Property to the west is zoned Professional Office as well. On the east side is a Residential (R-25) zone. According to the buffering matrix (Table 18.745.1) the site is required to provide buffering and screening to the east and north according to the "D" buffering standard. To the north, only buffering is required. The applicant has provided a landscape plan that shows a 10-foot-wide buffer area on the east side next to the proposed parking area, planted with trees, shrubs and groundcover. To satisfy the screening requirement, the existing wire fence will be replaced by a wood wall. In the area where there is no parking, the buffer is increased to 20 feet wide, so the wall does not need to extend the full depth of the site. Along the north edge of the property, street trees and lawn are provided along half of the site's frontage. The existing structure and driveway preclude the possibility of providing any additional buffer, and the dedication of additional right-of-way further reduces the buffering opportunities. Screening: Special Provisions: Section 18.745.050.E requires the screening of parking and loading areas. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. Planting materials to be installed should achieve a relative balance between low lying and vertical shrubbery and trees. Trees shall be planted in landscaped islands in all parking areas, and shall be equally distributed on the basis of one (1) tree for each seven (7) parking spaces in order to provide a canopy effect. The minimum dimension on the landscape islands shall be three (3) feet wide and the landscaping shall be protected from vehicular damage by some form of wheel guard or curb. The proposed parking area associated with this project will be partially visible from SW Pfaffle Street and adjoining properties to the east and west. The site plan shows the parking area to be screened to the east with a combination of a wall, and landscape shrubs and trees. The area visible to the street will be obscured by two proposed flowering pear trees and to the west by retaining an existing clump of western red cedars. The screening on the west side is sufficient as the abutting property is developed with an un-staffed cell tower structure, which is already screened. The screening from the street will need additional landscaping with a combination of low lying and vertical shrubbery. Screening Of Service Facilities. 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 otherwise be visible from a public street, customer or resident parking area, any public facility or any residential 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; NOTICE OF TYPE II DECISION SDR2001-00004/DALTON'S CATERING PAGE 11 OF 26 • Screening of Service Facilities is addressed under 18.755 (Mixed Solid Waste and Recyclable Storage). FINDING: Based on the analysis above, the landscaping and screening standards have not been met. CONDITION: Provide a revised landscape plan showing a third street tree planted along the site frontage in a location which conforms to Section 18.745.050 (C)(2). The landscape plan shall also show additional low lying and vertical shrubbery between the parking area and the lawn. Mixed Solid Waste and Recyclables Storage 18.755): Chapter 18.755 requires that new construction incorporates functional and adequate space for on-site storage and efficient collection of mixed solid waste and source separated Recyclables prior to pick-up and removal by haulers. The applicant must choose one (1) of the following four (4) methods to demonstrate compliance: Minimum Standard, Waste Assessment, Comprehensive Recycling Plan, or Franchised Hauler Review and Sign-Off. The applicant will have to submit evidence or a plan which indicates compliance with this section. Regardless of which method chosen, the applicant will have to submit a written sign-off from the franchise hauler regarding the facility location and compatibility. The applicant has provided a review and sign off from Pride Disposal for the location and design of the enclosure. The applicant has not indicated which of the four methods will be used to comply with this standard. Location Standards. To encourage its use, the storage area for source-separated recyclable shall be co- located with the storage area for residual mixed solid waste; Indoor and outdoor storage areas shall comply with Uniform Building and Fire Code requirements; Storage area space requirements can be satisfied with a single location or multiple locations, and can combine both interior and exterior locations; Exterior storage areas can be located within interior side yard or rear yard areas. Exterior storage areas shall not be located within a required front yard setback or in a yard adjacent to a public or private street; Exterior storage areas shall be located in central and visible locations on a site to enhance security for users; Exterior storage areas can be located in a parking area, if the proposed use provides at least the minimum number of parking spaces required for the use after deducting the area used for storage. Storage areas shall be appropriately screened according to the provisions in 18.755.050 C, design standards; The storage area shall be accessible for collection vehicles and located so that the storage area will not obstruct pedestrian or vehicle traffic movement on the site or on public streets adjacent to the site. The site plan shows the trash enclosure to be located near the east property line adjacent to the access drive. The placement of the enclosure is at the back of the proposed building, which enhances its accessibility, and it will not obstruct pedestrian or vehicle traffic. Therefore, this standard is met. Design Standards. The dimensions of the storage area shall accommodate containers consistent with current methods of local collection; Storage containers shall meet Uniform Fire Code standards and be made and covered with waterproof materials or situated in a covered area; Exterior storage areas shall be enclosed by a sight-obscuring fence wall, or hedge at least six feet in height. Gate openings which allow access to users and haulers shall be provided. Gate openings for haulers shall be a minimum of 10 feet wide and shall be capable of being secured in a closed and open position; Storage area(s) and containers shall be clearly labeled to indicate the type of materials accepted. NOTICE OF TYPE II DECISION SDR2001-00004/DALTON'S CATERING PAGE 12 OF 26 The site plan shows that a dumpster will be used. This dumpster will have a waterproof lid and will be screened by a chain link fence with slats. The enclosure will be open to the rear, and will include a 10' gate for additional access. Therefore, this standard is met. FINDING: Based on the analysis above, the Mixed Solid Waste & Recyclables Storage Standards have not been met. Therefore, the applicant shall be required to meet the following condition: CONDITION: Provide a statement addressing the criteria of one of the 4-methods of compliance for Mixed Solid Waste and Recyclables Storage (Section 18.755.040). Off-Street Parking and Loading (18.765): Location of vehicle parking: Off-street parking spaces for single-family and duplex dwellings and single-family attached dwellings shall be located on the same lot with the dwellings. Off-street parking lots for uses not listed above shall be located not further than 200 feet from the building or use that they are required to serve, measured in a straight line from the building with the following exceptions: a) commercial and industrial uses which require more than 40 parking spaces may provide for the spaces in excess of the required first 40 spaces up to a distance of 300 feet from the primary site; The 40 parking spaces which remain on the primary site must be available for users in the following order of priority: 1) Disabled-accessible spaces; 2) Short-term spaces; 3) Long-term preferential carpool and vanpool spaces; 4) Long-term spaces. The parking lot associated with this project, at the furthest point away from the proposed building, is 68 feet, and the parking spaces are less than 30 feet from the building. Therefore, this standard is met. Joint Parking_ Owners of two or more uses, structures or parcels of land may agree to utilize jointly the same parking and loading spaces when the peak hours of operation do not overlay, subject to the following: 1) The size of the joint parking facility shall be at least as large as the number of vehicle parking spaces required by the larger(est) use per Section 18.765.070; 2) Satisfactory legal evidence shall be presented to the Director in the form of deeds, leases or contracts to establish the joint use; 3) If a joint use arrangement is subsequently terminated, or if the uses change, the requirements of this title thereafter apply to each separately. Joint parking is not proposed with this application. Therefore, this standard does not apply. Parking in Mixed-Use Projects: In mixed-use projects, the required minimum vehicle parking shall be determined using the following formula. 1) Primary use, i.e., that with the largest proportion of total floor area within the development, at 100% of the minimum vehicle parking required for that use in Section 18.765.060; 2) Secondary use, i.e., that with the second largest percentage of total floor area within the develo ment, at 90% of the vehicle parking required for that use in Section 18.765.060; 3 Subsequent use or uses, at 80% of the vehicle parking required for that use(s) in ection 18.765.060; 4) The maximum parking allowance shall be 150% of the total minimum parking as calculated in D.1.-3. above. The project is not considered a mixed-use project. Therefore, this standard does not apply. Visitor Parking in Multi-Family Residential Developments: Multi-dwelling units with more than 10 required parking spaces shall provide an additional 15% of vehicle parking spaces above the minimum required for the use of guests of residents of the complex. These spaces shall be centrally located or distributed throughout the development. Required bicycle parking facilities shall also be centrally located within or evenly distributed throughout the development. This project does not involve a residential use. Therefore, this standard does not apply. NOTICE OF TYPE II DECISION SDR2001-00004/DALTON'S CATERING PAGE 13 OF 26 Preferential Long-Term CarpoolNanpool Parking: Parking lots providing in excess of 20 long-term parking spaces shall provide preferential long-term carpool and vanpool parking for employees, students and other regular visitors to the site. At least 5% of total long-term parking spaces shall be reserved for carpool/vanpool use. Preferential parking for carpools/vanpools shall be closer to the main entrances of the building than any other employee or student parking except parking spaces designated for use by the disabled. Preferential carpool/vanpool spaces shall be full-sized per requirements in Section 18.765.040N and shall be clearly designated for use only by carpools and vanpools between 7:00 AM and 5:30 PM Monday through Friday. The proposed parking lot will have a total of 6 parking stalls. Therefore, no carpool/vanpool stalls are required. Disabled-Accessible Parking: All parking areas shall be provided with the required number of parking spaces for disabled persons as specified by the State of Oregon Uniform Building Code and federal standards. Such parking spaces shall be sized, signed and marked as required by these regulations. The site plan shows the site will have a total of 6 parking stalls. According to the State of Oregon Uniform Building Code and federal standards, a parking lot with 1-25 parking stalls is required to provide T stall that is ADA accessible. The site plan provides for 1 ADA accessible parking stall located in the newly configured parking lot. Therefore, this standard has been met. Access Drives: With regard to access to public streets from off-street parking: access drives from the street to off-street parking or loading areas shall be designed and constructed to facilitate the flow of traffic and provide maximum safety for pedestrian and vehicular traffic on the site; the number and size of access drives shall be in accordance with the requirements of Chapter, 18.705, Access, Egress and Circulation; access drives shall be clearly and permanently marked and defined through use of rails, fences, walls or other barriers or markers on frontage not occupied by service drives; access drives shall have a minimum vision clearance in accordance with Chapter 18.795, Visual Clearance; access drives shall be improved with an asphalt or concrete surface; and excluding single-family and duplex residences, except as provided by Subsection 18.810.030.P, groups of two or more parking spaces shall be served by a service drive so that no backing movements or other maneuvering within a street or other public right-of-way will be required. The proposed access drive requires an adjustment to satisfy these standards. The adjustment is addressed earlier in this decision. Pedestrian Access: Pedestrian access through parking lots shall be provided in accordance with Section 18.705.030.F. Where a parking area or other vehicle area has a drop-off grade separation, the property owner shall install a wall, railing, or other barrier which will prevent a slow-moving vehicle or driverless vehicle from escaping such area and which will prevent pedestrians from walking over drop-off edges. The parking area occupies the rear half of the property and there are no pedestrian destinations that would necessitate pedestrian access. Parking Lot Striping: Except for single-family and duplex residences, any area intended to be used to meet the off-street parking requirements as contained in this Chapter shall have all parking spaces clearly marked; and all interior drives and access aisles shall be clearly marked and signed to show direction of flow and maintain vehicular and pedestrian safety. The plans submitted show the parking spaces and the access will be clearly marked with striping. Therefore, this standard has been met. NOTICE OF TYPE II DECISION SDR2001-00004/DALTON'S CATERING PAGE 14 OF 26 Wheel Stops: Parking spaces along the boundaries of a parking lot or adjacent to interior landscaped areas or sidewalks shall be provided with a wheel stop at least four inches high located three feet back from the front of the parking stall. The front three feet of the parking stall may be concrete, asphalt or low lying landscape material that does not exceed the height of the wheel stop. This area cannot be calculated to meet landscaping or sidewalk requirements. The applicants plan shows wheel stops in accordance with this section. Space and Aisle Dimensions: Section 18.765.040.N states that: "except as modified for angled parking in Figures 18.765.1 and 18.765.2 the minimum dimensions for parking spaces are: 8.5 feet x 18.5 feet for a standard space and 7.5 feet x 16.5 feet for a compact space; aisles accommodating two direction traffic, or allowing access from both ends, shall be 24 feet in width. The applicant's plans indicate that three of the parking stalls will meet the minimum dimensions for compact parking stalls. The fourth stall meets ADA accessible requirements 9.0'x18.5' with an 8.0'x18.5' clear zone). However, the fifth and sixth stalls are shown to be 8.0 feet wide by 18.5 feet long. These spaces are 0.5 feet too narrow. Bicycle Parking Location and Access: Section 18.765.050 states bicycle parking areas shall be provided at locations within 50 feet of primary entrances to structures; bicycle parking areas shall not be located within parking aisles, landscape areas or pedestrian ways; outdoor bicycle parking shall be visible from on-site buildings and/or the street. When the bicycle parking area is not visible from the street, directional signs shall be used to locate the parking area; and bicycle parking may be located inside a building on a floor which has an outdoor entrance open for use and floor location which does not require the bicyclist to use stairs to gain access to the space. Exceptions may be made to the latter requirement for parking on upper stories within a multi-story residential building. According to Table 18.765.2 of the Tigard Development Code, the minimum bicycle-parking requirement for this Personal Service (catering) use is 1 space per 1,000 square feet of gross floor area. That equates to 2 bicycle parking spaces. The applicant's plans do not Indicate the number of bicycle spaces that will be provided within the "new bicycle parking rack". The location of the bicycle rack may be at the rear of the building but is still visible from the street, thus no additional signage will be necessary. Bicycle Parking Design Requirements: Section 18.765.050.C. The following design requirements apply to the installation of bicycle racks: The racks required for required bicycle parking spaces shall ensure that bicycles may be securely locked to them without undue inconvenience. Provision of bicycle lockers for long-term (employee) parking is encouraged but not required; bicycle racks must be securely anchored to the ground, wall or other structure; bicycle parking spaces shall be at least 21/2 feet by six feet long, and, when covered, with a vertical clearance of seven feet. An access aisle of at least five feet wide shall be provided and maintained beside or between each row of bicycle parking; each required bicycle parking space must be accessible without moving another bicycle; required bicycle parking spaces may not be rented or leased except where required motor vehicle parking is rented or leased. At-cost or deposit fees for bicycle parking are exempt from this requirement; and areas set aside for required bicycle arking must be clearly reserved for bicycle parking only. Outdoor bicycle parking facilities shall be surfaced with a hard surfaced material, i.e., pavers, asphalt, concrete or similar material. This surface must be designed to remain well drained. The applicant has not provided a detail of the bike rack to be used, therefore, Staff is unable to confirm that this standard is met. Therefore, the applicant will be required to provide a plan that shows the proposed bicycle rack designed according to Section 18.765.050.C. of the Tigard Development Code. NOTICE OF TYPE II DECISION SDR2001-00004/DALTON'S CATERING PAGE 15 OF 26 • Minimum Bicycle Parking Requirements: The total number of required bicycle parking spaces for each use is specified in Table 18.765.2 in Section 18.765.070.H. In no case shall there be less than two bicycle parking spaces. As discussed above, according to Table 18.765.2 of the Tigard Development Code, the minimum bicycle-parking requirement for a Personal Service use is 1 space per 1,000 square feet of floor area. Based on the 1,888 square foot building, 2 spaces are required. Minimum Off-Street Parking: Section 18.765.070.H states that the minimum and maximum parking shall be as required in Table 18.765.2. Table 18.765.2 states that the minimum parking for a Personal Service Use is 2.5 spaces per 1,000 square feet and the maximum is 4.5 spaces per 1,000 square feet. Based on the 1,888 square foot building, the applicant is required to provide a minimum of 5 and a maximum of 8 parking spaces. The plans provide for 6 parking spaces. Therefore, this standard is satisfied. Off-Street Loading Spaces: Commercial, industrial and institutional buildings or structures to be built or altered which receive and distribute material or merchandise by truck shall provide and maintain off-street loading and maneuvering space as follows: A minimum of one loading space is required for buildings with 10,000 gross square feet or more; A minimum of two loading spaces for buildings with 40,000 gross square feet or more. The proposed catering business is approximately 1,888 square feet. Therefore, this standard does not apply. FINDING: Based on the analysis above, the off-street parking and loading standards have not been fully met, however, if the applicant complies with the conditions listed below, the standards will be fully met: CONDITIONS: Provide a revised site plan showing all 6 parking spaces meeting the minimum dimensional requirements of TDC Section 18.765.040.N. • Provide a detail on the site plan for the 2-stall bicycle rack designed according to TDC Section 18.765.050.C. Signs (18.780): Chapter 18.780.130.D lists the type of allowable signs and sign area permitted in the C-P Zoning District. The proposed plans do not call out for any signage. Based on this, this standard is met. However, the applicant shall note that signage within the C-P zone is subject to a permit requirement and the sign criteria of Section 18.780.130.D. FINDING: This standard is met, since the applicant has not proposed any signs. CONDTION: For any signage, apply for a sign permit through a separate process administered by the Development Services Technicians. Tree Removal (18.790): Section 18.790.030 requires that a tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be rovided with a site development review application. The tree plan shall include identification of all existing trees, identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper, which trees are to be removed, protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. NOTICE OF TYPE II DECISION SDR2001-00004/DALTON'S CATERING PAGE 16 OF 26 The applicant has shown a site plan labeling trees to be removed, and a landscape plan that identifies some of the trees that will remain. In addition, an arborist report was provided assessing the condition of these trees. The arborist report indicates that all the trees are in good condition, but that four will need to be removed to accommodate the required street improvements. Unfortunately, there are inconsistencies between the site plan and landscape plan, and the arborist report does not coincide with the number of trees shown on the plan. Therefore, the applicant will be required to provide a tree removal/ protection plan showing all trees on the site, their sizes, and which are to be removed, in addition to any protective measures that will be used to protect the trees to be retained, as well as, any arborist notes and recommendations. The applicant shall note that removal of more than 25% of the number of trees over 12 inches will require mitigation for the number of inches removed, subject to the provisions of Chapter 18.790. It appears from the arborist report that 2/3 (66%) of the trees over 12 inches are being removed. In this case, 50% of the total caliper inches (48-inches) removed must be mitigated. FINDING: Based on the analysis above, the tree removal standards have not been met. CONDITIONS: • Provide a Tree Removal and Protection Plan showing all trees on the site, the size of the trees and which trees are to be removed. Trees shall be identified consistently with the arborist report. Tree protection recommendations from the applicant's arborist, as well as, those from the City Forester as stated later in this decision shall be incorporated into the protection plan drawings. The plan shall also include a table summarizing the trees to remain versus those to be removed, the representative percentage of total trees preserved to those removed, and the total caliper inches proposed for removal. • Provide a landscape plan that shows new trees to account for mitigation requirement (as part of the tree removal). The amount of required mitigation will depend on the number of trees over 12-inch diameter that will be removed, pursuant to TDC Section 18.790.030.B. Required street trees and parking lot trees cannot be counted towards the mitigation requirement. Visual Clearance Areas (18.795): Chapter 18.795 requires that a clear vision area shall be maintained on the corners of all property adjacent to intersecting right-of-ways or the intersection of a public street and a private driveway. A clear vision area shall contain no vehicle, hedge pplanting, fence, wall structure, ortemporary or permanent obstruction exceeding three (3) feet in height. The code provides that obstructions that may be located in this area shall be visually clear between three (3) and eight (8) feet in height (8) (trees may be placed within this area provided that a branches below eight (8) feet are removed). A visual clearance area is the triangular area formed by measuring a 30-foot distance along the street right- of-way and the driveway, and then connecting these two (2), 30-foof distance points with a straight line. The existing building does not presently conform to the vision clearance requirements. Additional right-of-way dedication will further reduce this vision clearance area; however, there is no ability to alter this access in order that it will comply. The only means of fully complying with this standard would be to demolish a 60 square foot portion of the structure. This structure is considered non-conforming development per Section 18.760.040(C) and may be maintained provided it is not expanded in a way so as to increase the degree of its non-conformity. The applicant has not proposed any further improvements that will increase the degree of the structure's non-conformity. Therefore, this standard is met. C. SPECIFIC SITE DEVELOPMENT REVIEW APPROVAL STANDARDS Section 18.360.090(A)(2) through 18.360.090(A)(15) provides additional Site Development Review approval standards not necessarily covered by the provisions of the previously listed sections. These additional standards are addressed immediately below with the following exceptions: NOTICE OF TYPE II DECISION SDR2001-00004/DALTON'S CATERING PAGE 17 OF 26 • The proposal contains no elements related to the provisions of the following and are, therefore, found to be inapplicable as approval standards: 18.360.090.3 (Exterior Elevations); 18.360.090.5 (Privacy and Noise: Multi-family or Group Living Uses); 18.360.090.6 (Private Outdoor Areas: Multi-family Use); 18.360.090.7 (Shared Outdoor Recreation Areas: Multi-family Use); 18.360.090.8 (100-year floodplain); and 18.360.090.9 (Demarcation of Spaces). The following sections were discussed previously in this decision and, therefore, will not be addressed in this section: 18.360.090.4 (Buffering, Screening and Compatibility Between Adjoining Uses; 18.360.090.13 (P(Parking); 18.360.090.14 (Landscaping); 18.360.090.15 (Drainage); and 18.360.090.14 rovision for the Disabled). Relationship to the Natural and Physical Environment: Buildings shall be: located to preserve existing trees, topography and natural drainage where possible based upon existing site conditions; located in areas not subject to ground slumping or sliding; located to provide adequate distance between adjoining buildings for adequate light, air circulation, and fire-fighting; and oriented with consideration for sun and wind. Trees shall be preserved to the extent possible. Replacement of trees is subject to the requirements of Chapter 18.790, Tree Removal. The site is not in an area identified as prone to sliding. According to City overlay maps, the subject site is shown as class #1 soil type, which is considered Aloha soil/silt loam. The USGS Conservation District considers the soil to be somewhat of a poorly drained soil. However, the subject site's topography is substantially level, thus decreasing the chance of sliding and drainage of the site is defined in detail under Chapter 18.810 (Street and Utility Improvement Standards). The proposed building is surrounded by lawn and landscaping, which is adequate for light and air circulation. The Building Division has made fire-fighting considerations later in this decision. The proposed alterations to the site will not change the existing grade significantly enough to disturb the natural or physical environment. Crime Prevention and Safety: • Windows shall be located so that areas vulnerable to crime can be surveyed by the occupants; • Interior laundry and service areas shall be located in a way that they can be observed by others; • Mail boxes shall be located in lighted areas having vehicular or pedestrian traffic; • The exterior lighting levels shall be selected and the angles shall be oriented towards areas vulnerable to crime; and • Light fixtures shall be provided in areas having heavy pedestrian or vehicular traffic and in potentially dangerous areas such as parking lots, stairs, ramps and abrupt grade changes. Fixtures shall be placed at a height so that light patterns overlap at a height of seven feet, which is sufficient to illuminate a person. Windows are located around the entire building. The site plan shows a parking lot light at the entrance of the site. Trash enclosures and bicycle parking areas are located toward the front of the building. The City of Tigard Police Department has reviewed this application and had no comments. Therefore, this criterion has been met. Public Transit: Provisions within the plan shall be included for providing for transit if the development proposal is adjacent to existing or proposed transit route; the requirements for transit facilities shall be based on: the location of other transit facilities in the area; and the size and type of the proposal. The following facilities may be required after City and Tri-Met review: bus stop shelters; turnouts for buses; and connecting paths to the shelters. NOTICE OF TYPE II DECISION SDR2001-00004/DALTON'S CATERING PAGE 18 OF 26 The site has frontage on SW Pfaffle. This section of SW Pfaffle is not part of a Tri-met transit route. Therefore, this standard does not apply. Provisions of the Underlying Zone: All of the provisions and regulations of the underlying zone shall apply unless modified by other sections or this title, e.g., Planned Developments, Chapter 18.350; or a variance or adjustment granted under Chapter 18.370. Dimensional Requirements: Provisions of the (C-P) Professional Commercial Zoning District have been addressed earlier in this decision under Section 18.520.040.B. FINDING: Based on the analysis above, the specific standards of the Site Development Review Section have been met. D. Street And Utility Improvements Standards (Section 18.810): Chapter 18.810 provides construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: Streets: Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. Minimum Rights-of-Way and Street Widths: Section 18.810.030(E) requires an arterial street to have a 90 foot right-of-way width and a five-lane paved section. Other improvements required may include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. This site lies adjacent to SW Pfaffle Street, which is classified as a minor collector on the City of Tigard Transportation Plan Map. At present, there is approximately 25 feet of ROW from centerline, according to the most recent tax assessor's map. The applicant should dedicate additional ROW to provide 30 feet from centerline. The applicant's materials show they will provide this dedication as a part of the project. SW Pfaffle Street is currently paved, but not fully improved to City standards. In order to mitigate the impact from this development, the applicant should construct a half-street improvement adjacent to this site. The applicants plans show they will provide this improvement, and the applicant has already submitted construction plans to the Engineering Department for a permit to construct these improvements. There is an issue with the proposed driveway access into this development. A driveway is shown that is only 12 feet wide. Table 18.705.3 requires a minimum paved width of 24 feet. The applicant will need to resolve this issue and show how they will provide a driveway to meet this code section. Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets. By constructing a half-street improvement adjacent to this site, the applicant will meet this criterion. NOTICE OF TYPE II DECISION SDR2001-00004/DALTON'S CATERING PAGE 19 OF 26 Sanitary Sewers: Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. Over-sizing: Section 18.810.090.0 states that proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. There is an existing 8-inch public sewer main located in SW Pfaff le Street. The existing structure is already served by this main line. No additional public sewer line work is necessary for this development. Storm Drainage: General Provisions: Section 18.810.100.A states requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). The topography of this site slopes to the north toward SW Pfaff le Street. Just behind the subject property (to the south) is a steep embankment down to Highway 217, thus there is virtually no upstream drainage to account for. The applicant's onsite storm drainage plan will collect any surface water that would impact this site and convey it to the public system in SW Pfaff le Street. Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). This project will result in a net increase of impervious area of approximately 3,941 square feet. CWS design standards provide that if the impervious area of a site is not increased over 5,000 square feet, then onsite detention is not required. Therefore, on-site detention is not required for this project. The on-site drainage system is shown to tie into the public storm drainage system in SW Pfaffle Street. This concept is acceptable. A new public storm line will be extended along with the new half-street improvements. Bikeways and Pedestrian Pathways: Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed bikeways identified on the City's adopted pedestrian/bikeway plan shall include provisions for the future extension of such bikeways through the dedication of easements or right-of-way. No bikeways are associated with this project. Therefore, this criterion does not apply. NOTICE OF TYPE II DECISION SDR2001-00004/DALTON'S CATERING PAGE 20 OF 26 Cost of Construction: Section 18.810.110.B states that development permits issued for planned unit developments, conditional use permits, subdivisions, and other developments which will principally benefit from such bikeways shall be conditioned to include the cost or construction of bikeway improvements. No bikeways are associated with this project. Therefore, this criterion does not apply. Minimum Width: Section 18.810.110.0 states that the minimum width for bikeways within the roadway is five feet per bicycle travel lane. Minimum width for two-way bikeways separated from the road is eight feet. No bikeways are associated with this project. Therefore, this criterion does not apply. Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: • The developer shall make all necessary arrangements with the serving utility to provide the underground services; • The City reserves the right to approve location of all surface mounted facilities; • All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and • Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a developer shall pay a fee in-lieu of under-grounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under-grounding the utilities outweighs the benefit of under- grounding in conjunction with the development. The determination shall be on a case- by-case basis. The most common, but not the only, such situation is a short frontage development for which under-grounding would result in the placement of additional poles, rather than the removal of above-ground utilities facilities. An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of under-grounding. There are existing overhead utility lines along the frontage of SW Pfaff le Street. The applicant has asked that the City Engineer review this criterion as to whether or not it is appropriate for this development. The value of the fee in-lieu of undergrounding in this case would be $2,750.00 (100 feet X $27.50). The applicant has proposed to construct half-street improvements to the roadway to comply with Section 18.810.030.A.1. The Planning Division has calculated the unmitigated impact of this development and found that the cost of the exactions exceeds the unmitigated impacts, but remains roughly proportional. To require the fee in-lieu of undergrounding on top of the ROW and street improvement costs would be excessive. Staff recommends the fee in-lieu of undergrounding be waived for this project. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Public Water System: This site is located in the Tualatin Valley Water District (TVWD) service area. The plans show that the applicant intends to adjust the existing meter for the site to serve the new building. Any approvals needed from TVWD shall be acquired prior to construction. NOTICE OF TYPE II DECISION SDR2001-00004/DALTON'S CATERING PAGE 21 OF 26 Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 00-7) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. The applicant has requested that the fee in-lieu of providing water quality facilities be approved for this project. The applicant's engineer states that the small size of the site would make an onsite facility impractical. Staff believes that alternatives exist that would enable the provision of storm water quality facilities on site, such as below ground treatment devices, like a catch basin unit by Stormwater Management. Prior to construction, the applicant shall investigate this potential solution and install such a unit, or demonstrate that such a solution would be impractical. Grading and Erosion Control: CWS Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per CWS regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES) erosion control permit be issued for any development that will disturb five or more acres of land. Since this site is over five acres, the developer will be required to obtain an NPDES permit from the City prior to construction. This permit will be issued along with the site and/or building permit. A grading and erosion control plan must be submitted to the Building Division during the site permit review phase. The Building Division will review the onsite grading plan during the site permit review. A NPDES permit is not required, as the site is less than five acres in size. FINDING: Based on the above analysis, the Agency Concerns have not been fully addressed by the application materials. The water quality treatment standards can be satisfied through the use of numerous "small site" alternatives. The requested fee in-lieu is not supported by staff. CONDITION:Prior to construction, the applicant shall investigate alternatives such as below ground treatment devices, like a catch basin unit by Stormwater Management and install such a unit, or demonstrate that such a solution would be impractical. Address Assignments: The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard and within the Urban Service Boundary (USB). An addressing fee in the amount of $30.00 per address shall be assessed. This fee shall be paid to the City prior to issuance of a site permit. For this project, there is no additional addressing fee, as the existing address will be maintained. E. IMPACT STUDY (18.390) Section 18.360.090 states, "The Director shall make a finding with respect to each of the following criteria when approving, approving with conditions or denying an application:' NOTICE OF TYPE II DECISION SDR2001-00004/DALTON'S CATERING PAGE 22 OF 26 Section 18.390.040 states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standard, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with a requirement for public right-of-way dedication, or provide evidence that supports that the real property dedication is not roughly proportional to the projected impacts of the development. Section 18.390.040 states that when a condition of approval requires the transfer to the public of an interest in real property, the approval authority shall adopt findings which support the conclusion that the interest in real property to be transferred is roughly proportional to the impact the proposed development will have on the public. The applicant has provided an impact study addressing the project's impacts on public systems. The study notes that there will be no impacts to the park system, water system, sanitary sewer, or level of noise above what previously existed with the single family residence. Impacts to the drainage system are addressed in the storm water utility section of this decision. Impacts to traffic are mitigated through contributions to the Washington County Traffic Impact Fee (TIF) and required street improvements. The TIF is a mitigation measure that is required at the time of development and is assessed by the type and size of the use, and the level of expected daily trip generation. Based on a transportation impact study prepared by Mr. David Larson for the A-Boy Expansion/Dolan II/Resolution 95-61, TIF's are expected to recapture 32 percent of the traffic impact of new development on the Collector and Arterial Street system. The proposed catering use is 1,888 square feet and is considered a "specialty retail" with a weekday average trip rate of 40.68 trips. The rate per trip is assessed at $57 per trip. The previous use, a single family residence had a weekday average trip rate of 10 trips. This trip generation is deducted from the impact analysis as follows: TIF = 30.68 (Trip Rate of 40.68-10) X 1.888 (Size in thousand gross square feet) X $57 (Rate per trip) = $3,302 Based on the estimate that total TIF fees cover 32 percent of the impact on major street improvements citywide, a fee that would cover 100 percent of this projects traffic impact is $10,318 ($3,302 divided by .32). The difference between the TIF paid, and the full impact, is considered the unmitigated impact on the street system. Less mitigated costs The on-site improvements are needed to allow the conversion of this residential property to a commercial use. Because the need for the internal improvements is created by the development, the impact of the development is directly proportional to the cost of constructing these improvements. Therefore, no proportionality analysis is needed for these on site improvements, and they are not factored into the mitigated costs. Off site improvements contribute to the overall functionality of the City transportation systems and any required off site improvement must be roughly proportional to the impact generated from the proposed development. The applicant has proposed to dedicate additional right-of-way and construct half-street improvements along SW Pfaffle Street since this is the frontage they are obtaining access from and is presently substandard. The cost of the improvements is expected to be $9,120 (760 square feet x $12 per square foot). Estimate of Unmitigated Impacts Full Impact 3,819=0.32= $10,318 Less TIF Assessment 1.888tgsf x 40.68 trips x $57 per trip= $3,302 Less mitigated costs 760 s.f. c(D $12/s.f=. $9,120 Estimate of Unmitigated Impacts -$2,104 NOTICE OF TYPE II DECISION SDR2001-00004/DALTON'S CATERING PAGE 23 OF 26 FINDING: Using the above cost factors, the cost of the imposed conditions exceed the estimated unmitigated impacts. However, the required exaction is not disproportionate to the impacts of the proposed development and is, therefore, justified. SECTION VII. OTHER STAFF COMMENTS The City of Tigard Operations Utility Manager has reviewed the proposal and has offered the following comments: • Piping between the existing and proposed catch basin shall be C-900 or D.I.P. due to lack of cover. Proposed catch basin to have a minimum of 18" sump. All private catch basins to be Lynch Type. • Sanitary connections to main line to use "insertatee" to main, not manhole. The City of Tigard Urban Forester has reviewed the proposal and has offered the following comments: Tree Protection: The developer shall provide methods for the protection of existing vegetation to remain during the construction process; and the plants to be saved shall be noted on the landscape plans (e.g., areas not to be disturbed can be fenced, as in snow fencing which can be placed around the individual trees). All tree protection devices shall be located on the Tree Protection Plan. Any tree that will not be removed onsite that is within the limits of disturbance of this project must be protected. Any tree that is located on property adjacent to the construction project that will have more than 20% of its root system disturbed by construction activities shall also be protected. Provide a construction sequence including installation and removal of tree protection devices, clearing, grading, or installation of sediment and erosion control measures, and other activities that may be required to implement the tree protection measures. Include in the notes on the final set of plans that equipment, vehicles, machinery, dumping or storage, or other construction activities, burial, burning, or other disposal of construction materials must not be located inside of any tree protection device or outside of the limits of disturbance where trees are being protected. No grading, filling or any other construction activity may occur within the tree protection devices at any time or outside of the limits of disturbance where trees are being protected unless approved by the City Forester. All tree protection devices shall be: visible, well anchored, approved in the field prior to clearing, grading, or the beginning of construction, and remain in place and maintained until all construction is completed and a final inspection is conducted. To determine the size of the tree protection zone, follow the guidelines listed below: • For individual trees follow the trunk diameter method. For every one-inch of diameter at breast height (DBH), or 4 1/2 feet above the ground, allow 9 inches of space from the trunk of the tree. For example, a tree that is 15" at DBH must have at least 12' of tree protection zone around the entire canopy of the tree. • For groups of trees the tree protection zone must be outside of the dripline of the trees on the edge of the stand. If there are conifers with narrow crowns on the edge of the stand follow the trunk diameter method or the dripline method, whichever is greater. NOTICE OF TYPE II DECISION SDR2001-00004/DALTON'S CATERING PAGE 24 OF 26 Tree Planting: All landscaping shall be installed according to accepted planting procedures. The plant material shall be of high grade, and shall meet the size and grading standards of the American Standards for Nursery Stock (ANSI Z-60, 1-1986, and any other future revisions). It is recommended that all tree planting follow the guidelines set forth by the International Society of Arboriculture's tree planting uidelines as well as the stand rds set forth in the American Institute of Architects' Architectural Graphic Standards, 10m edition. In the Architectural Graphic Standards there are guidelines for selecting and planting trees based on the soil volume and size at maturity. Additionally, there are directions for soil amendments and modifications. I recommend that these guidelines be followed and adhered to at all times. In order to develop tree species diversity onsite it is recommended that the following guidelines be followed: • No more than 30% of any one family be planted onsite. • No more than 20% of any one genus be planted onsite. • No more than 10% of any one species be planted onsite. The City of Tigard Advanced Planning Division has reviewed the proposal and has no objection to it. The City of Tigard Police Department has reviewed the proposal and has no objections to it. The City of Tigard Building Division has reviewed the proposal and has offered the following comments: • Access, Hydrant and hydrant location to be approved by TA/FR. SECTION VIII. AGENCY COMMENTS Washington County Department of Land Use and Transportation has reviewed the proposal and finds that the site is not adjacent to County maintained road sections and thus has no objections to it. Tualatin Valley Water District has reviewed the proposal and has no objections to it. Tualatin Valley Fire and Rescue has reviewed the applicant's submittal and provided the following comments: 1. A minimum of 2 fire hydrants shall be provided for this project. One hydrant is shown on the plans directly across from the building. One additional fire hydrant shall be located so that no portion of the structure is more than 500 feet from the hydrant. (UFC 903.4). 2. Fire hydrant locations shall be identified by the installation of reflective markers. The markers shall be blue. They shall be located adjacent and to the side of the centerline of the access roadway that the fire hydrant is located on. In case that there is no center line, then assume a centerline, and place the reflectors accordingly. (UFC Sec. 901.4.3) 3. A building survey and plans, in accordance with TVF&R Ordinance 99-01, Appendix III-F, shall be submitted. A copy of Appendix III-F, the building survey form and the instructions are available on the Fire District web site. To access this information via Internet, go to http://wwwtvfr.com/Departments/FireMarshal/new construction. (UFC Appendix III-F) NOTICE OF TYPE II DECISION SDR2001-00004/DALTON'S CATERING PAGE 25 OF 26 SECTION IX. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON NOVEMBER 1, 2001 AND BECOMES EFFECTIVE ON NOVEMBER 17, 2001 UNLESS AN APPEAL IS FILED. Appeal: The decision of the Director (Type II Procedure) or Review Authority (Type II Administrative Appeal or Type III Procedure) is final for purposes of appeal on the date that it is mailed. Any party with standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.6.2. of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the notice of the decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS AT 5:00 PM ON NOVEMBER 16, 2001. Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171. U - November 1, 2001 PREPARED Morgan Tracy DATE Associate Planner p . November 1, 2001 APPROVED BY: Richard H. Be r orff DATE Planning Manager is\curpin\morgan\workspace\sdr\sdr2001-00004(dalton)\sdr2001-00004 final decision.dot NOTICE OF TYPE II DECISION SDR2001-00004/DALTON'S CATERING PAGE 26 OF 26 • > • • Ce W J ,, •NNIW MO W • IM *m▪ ud MAMMA MOP ----'---------------'---SW PFAFFLE STREET -------------.—.—.L a x p.11•17.r TC.q�1 r.•am.yaw A.• 7 4 A terkil 04 411, 1 I�1 .,o y «.. .uw , • Ba' a fl mamma I ` •Il�4iPPJ.. ! LVA 3M.Di -memo°Ply 7-.--.474 i '''''' ._. rze.---.-- 5 \ -11------- - _ ['I.:7: : .. 101•1k WPM, .\ 1 tit Ali. 4.14_ N. i,•« % . \\ D N. N. N. 1 - ,. CITY OF TIGARD SDR2001.00004NAR2001-00015 CITY OF TIGARD SITE PLAN N DALTON'S CATERING (Map is not to scale) . '`' CITY of TIGARD r r SPRUCE ST - GEOGRAPHIC INFORMATION SYSTEM SPRUCE ST _J )_____ VICINITY MAP I IIH t tit. , > T THORN ST , Ai D �W ��-� , co N��%��►`� SDR200 I -00004 TVE �� VAR2001 -00015 -11111w a i '' � W� ¢ DALTON'S CATERING I all AM � '�� IN 6 AN cc o AIL 03 MI C\I CO Ill [. - tFFLE -• II \ L \ 1 ST ( '5 NI r— > _4 =--, Q — I- 0 - r r N LOMITA r , s' , 0 200 400 feet 600 Feet 9g� 1"=401 feet ill Al, w' �� . _a,I Ii'. b. 411 *, City of Tigard Information on this map is for general location only and should be verified with the Development Services Division. �'� 13125 SW Hall Blvd 4161116.. ►-. -�.` '. Tigard,OR 97223 (503)639-4171 httpa/wvnv.ci.lipard.or.us Community Development Plot date:Aug 16,2001;C:\magic\MAGIC03.APR NOTICE OF TYPE II DECISION SITE DEVELOPMENT REVIEW (SDR) 2001-00004 CITY OF TIGARD ADJUSTMENT (VAR) 2001-00015 Community Deve[opment Shaping A Better Community DALTON'S CATERING 120 DAYS = 12/13/2001 SECTION I. APPLICATION SUMMARY FILE NAME: DALTON'S CATERING CASE NOS.: Site Development Review (SDR) SDR2001-00004 Adjustment (VAR) VAR2001-00015 PROPOSAL: The applicant is requesting Site Development Review approval of a catering business and approval of an access and egress adjustment to allow the existing 15-foot driveway to be utilized, rather than the 30-foot width required by Tigard Development Code (TDC) Section 18.705.030(1). APPLICANT\ David Dalton APPLICANT'S James Andrews OWNER: 8530 SW Pfaffle Street REP: Nicoli Engineering Tigard, OR 97223-8497 PO Box 23784 Tigard, OR 97281 LOCATION: 8530 SW Pfaffle Street; WCTM 1S135DA, Tax Lot 1000. The subject site is located between Highway 217 and SW Pfaffle Street, east of SW Hall Boulevard. ZONE: C-P: Professional/Administrative Commercial District. The C-P zoning district is designed to accommodate civic and business/professional services and compatible support services, e.g., convenience retail and personal services, restaurants, in close proximity to residential areas and major transportation facilities. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.370, 18.390, 18.520, 18.705, 18.725, 18.745, 18.755, 18.765, 18.780, 18.790, 18.795 and 18.810. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in the full decision, available at City Hall. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. All documents and applicable criteria in the above-noted file are available for inspection at no cost or copies can be obtained for twenty-five cents (25 ) per page, or the current rate charged for copies at the time of the request. SECTION III. PROCEDURE AND APPEAL INFORMATION Notice: Notice mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies 04 Final Decision: THIS DECISION IS FINAL ON NOVEMBER 1, 2001 AND BECOMES EFFECTIVE ON NOVEMBER 17, 2001 UNLESS AN APPEAL IS FILED. Appeal: The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1 may appeal this decision in accordance with Section 18.390.040.G.2 of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. I THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM NOVEMBER 16, 2001. I Questions: For further information please contact the Planning Division Staff Planner, Morgan Tracy at (503) 639-4171, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. 1 I I I T T i ST VICINITY MAP ER ignewarmmorm 1'� �WM F N mow "ma 2 d: :•i%I_ fr a SDR2001-00004 f t'= =_ VAR2001 00015 ?� IM�IN �� •�, DALTON'S CATERING mom =I mai mins mg In ME ...i� 1'I 'WI id -Ills ■ X11 � ‘41111‘I �`-a F. . or A IWO i•_ _0 /r.0* „iiiime# Or. 0.13 \ ■ Illik. ,...... ::11■4■_. 6 ...41 ■1116". i - .I.oi RI.1....... y ---•—•---- SW PFAFFI.E STREET.._._._._._._._._. �y - 4%iii sz1uii� L.. 1i - �. Firm -. A 1 1 -!1:7 WIT ---- :: {-7,6ill .....sJ 0 ti tiyy ?,.. - 1 „ ±.r CITY OF TIGARD SDR2001.00004NAR2001.00015 SITE Pte, N DALTON'S CATERING I(Map Is not to scale) DATE: 1.1 57 1-17 PLANS CHECK NO. PROJECT TITLE: COUNTYWIDE TRAFFIC IMPACT FEE WORKSHEET APPLICANT: (FOR NON-SINGLE FAMILY USES) MAILING ADDRESS: CITY/ZIP/PHONE: TAX MAP NO.: SITES NO.ADDRESS: LAND USE CATEGORY RATE PER TRIP RESIDENTIAL $ 226.00 BUSINESS AND COMMERCIAL $ 57.00 OFFICE $ 207.00 INDUSTRIAL $ 217.00 �( INSTITUTIONAL $ 94.00 1 /44- PAYMENT METHOD: CASH/CHECK CREDIT BANCROFT(PROMISSORY NOTE) LAND USE CATEGORY DESCRIPTION OF SE WEEKDAY AVG. INSTITUTIONAL ONLY: DEFER TO OCCUPANCY $/o Q Q/(t .171 TRIP RAE WEEKEND AVG.TRIP RATE // RC-64; 510. BASIS: _� n (1 ", /(4�/f Pr/0�oJ P1 0 5 74vevi.S//Uk. O.4 A �J ere CALCULATIONS: 4 44 ,0- L 1'L 9°4, r /. 0ep PROJECT TRIP GENERATION: 77 C.-- F 7 0/ 2, FOR ACCOUNTING PURPOSES ONLY ADDITIONAL NOTES: ND 41 J c/�QI/7"S 3 u~�G_f ROAD AMT. � TRANSIT AMT. PREPARED BY: S.S. Casper I:TIFWKST.DOC (DST) EFF: 07-01-98 NOTICE TO MORTGAGEE, LIENHOLDER,VENDOR OR SELLER: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE,IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. NOTICE OF PENDING LAND USE APPLICATION a,,� SITE DEVELOPMENT REVIEW O CITY OF TIGARD Community cDevefopment Shaping Better Community DATE OF NOTICE: August 17, 2001 FILE NUMBERS: SITE DEVELOPMENT REVIEW (SDR) 2001-00004 ADJUSTMENT (VAR) 2001-00015 FILE NAME: DALTON'S CATERING PROPOSAL: The applicant is requesting Site Development Review approval for a catering business, and approval of an access and egress Adjustment to allow for a smaller driveway than what is required by the Tigard Development Code. ZONE: C-P: Professional/Administrative Commercial District. The C-P zoning district is designed to accommodate civic and business/professional services and compatible support services, e.g., convenience retail and personal services, restaurants, in close proximity to residential areas and major transportation facilities. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.370, 18.390, 18.520, 18.705, 18.725, 18.745, 18.755, 18.765, 18.790, 18.795 and 18.810. LOCATION: 8530 SW Pfaffle Street; WCTM 1S135DA, Tax Lot 1000. The site is located between Highway 217 and SW Pfaffle Street, east of SW Hall Boulevard. YOUR RIGHT TO PROVIDE WRITTEN COMMENTS: Prior to the City making any decision on the Application, you are hereby provided a fourteen (14) day period to submit written comments on the application to the City. THE FOURTEEN (14) DAY PERIOD ENDS AT 5:00 PM ON AUGUST 31, 2001. All comments should be directed to Brad Kilby, Associate Planner in the Planning Division at the City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223. You may reach the City of Tigard by telephone at (503) 639-4171. ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION MAKING PROCESS THE CITY OF TIGARD APPRECIATES RECEIVING COMMENTS AND VALUES YOUR INPUT. COMMENTS WILL BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION. A DECISION ON THIS ISSUE IS TENTATIVELY SCHEDULED FOR OCTOBER 1, 2001. IF YOU PROVIDE COMMENTS, YOU WILL BE SENT A COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED. WRITTEN COMMENTS WILL BECOME A PART OF THE PERMANENT PUBLIC RECORD AND SHALL CONTAIN THE FOLLOWING INFORMATION: ♦ Address the specific "Applicable Review Criteria" described in the section above or any other criteria believed to be applicable to this proposal; ♦ Raise any issues and/or concerns believed to be important with sufficient evidence to allow the City to provide a response; ♦ Comments that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant approval criteria with sufficient specificity on that issue. • Failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Specific findings directed at the relevant approval criteria are what constitute relevant evidence. AFTER THE 14 DAY COMMENT PERIOD CLOSES, THE DIRECTOR SHALL ISSUE A TYPE II ADMINISTRATIVE DECISION. THE DIRECTOR'S DECISION SHALL BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN 500 FEET OF THE SUBJECT SITE, AND TO ANYONE ELSE WHO SUBMITTED WRITTEN COMMENTS OR WHO IS OTHERWISE ENTITLED TO NOTICE. THE DIRECTOR'S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA. BASED UPON THE CRITERIA AND THE FACTS CONTAINED WITHIN THE RECORD, THE DIRECTOR SHALL APPROVE, APPROVE WITH CONDITIONS OR DENY THE REQUESTED PERMIT OR ACTION. SUMMARY OF THE DECISION-MAKING PROCESS: s The application is accepted by the City s Notice is sent to property owners of record within 500 feet of the proposed development area allowing a 14-day written comment period. s The application is reviewed by City Staff and affected agencies. s City Staff issues a written decision. s Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site; all owners of record of property located within 500 feet of the site, as shown on the most recent property tax assessment roll; any City-recognized neighborhood group whose boundaries include the site; and any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or anyone who is otherwise entitled to such notice. INFORMATION/EVIDENCE AVAILABLE FOR REVIEW: The application, written comments and supporting documents relied upon by the Director to make this decision are contained within the record and are available for public review at the City of Tigard Community Development Department. Copies of these items may be obtained at a cost of $.25 per page or the current rate charged for this service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of this Notice under the section titled "Your Right to Provide Written Comments." —,11111 ili1ll�11 FA -",e _,- CITY o.TtGAR D. MN U - VICINITY MAP ■�: o.„,m 111 ���L�1�����/lug ������- �� f% - ,,,`1� SDR200I-00004 Nium1 •■ ,2 '�/1/�-s 1111111'— s: ���,,.�=� ` VAR200I 00015- 16$21:14 �� wi ��;=• _ DALTON'S CATERING 1��1� .1:m 'ERA Em E. ma.Cm miip .iiM iiiii:I ii iO - ` �1 1111111 _. -II Mk ■ in owl NM � N.11 kilt, 9414 Yu 011..1 i I IMM. a Afk W 1 1 k ■ IP:4 _ I. uwwrwww IlliAlS taRAAIA GIL REQUEST FOR COMMENTS 6,41: SpR- 7-m( - 00004 February 13, 2002 David Dalton 17930 SW. McEwan Rd. Tualatin, Oregon 97062 RE: Dalton's Catering located at 8530 S.W. Pfaffle St. Tigard, Or. BUP2002-00030 The City of Tigard Building Division has reviewed the submitted building plans for the above referenced address in accordance with the Oregon Structural Specialty Code (OSSC), 1998 edition and the Uniform Fire Code, 1997 edition as amended by Tualatin Valley Fire &Rescue. The following items need to be addressed and are not in compliance with the above mentioned Codes: Note: Under City of Tigard Policy Number 1-700 for minimum requirements for change of use. The following structure shall be reviewed as an Alteration for Accessibility for existing buildings. OSSC, Section, 1113. Provide a barrier removal plan provide the following items. 1) ADA parking stall, shall be as close as practical to the main entrance door with an accessible route from the parking stall to the building. Please alter the plans showing a new main entrance off the south elevation entering the living room/office area. Note: Floor plans show a window and possible sliding glass door, (elevation plans show egress door only). Accessible route shall be by code complying ramp system with proper width, slope and fall protection if required. 2) All areas within the structure shall be accessible by means of ramps not exceeding 1/12 slope or provide a chair lift. Since the building is comprised of a split level construction and the primary function of this occupancy is located on the main level and lower level shall comply to this requirement. Upper office area need not comply at this time because office area is provided on the main floor. 3) Unisex restroom on the lower floor does not meet clearances as specified in chapter 11. Toilet clearance to wall shall be 18". Clearances to water heater closet shall be of size to allow side transfer onto the water closet. Turning clearances 60"clear are required. 4) Plans show the removal of a hand wash sink in the lower level kitchen, I believe the health code requires a hand wash sink in a commercial kitchen please check with the health department before removing sink. An additional sink may be required in the prep kitchen on the main floor. 5) Plans indicate a walk-in freezer, please provide additional details on where the compressors and floor drains are located. 6) Plans indicate a"fume "hood serving a grill. Grills require a Type 1, grease hood with fire suppression system. Grills are required to maintain 18"clearances to unprotected walls or one hour construction. Plans show a non-rated openable window directly behind the grill. Grease duct terminations shall be more than 36" from any openable window or air intake. 7) Plans indicate a prep kitchen with what appears to be a range and warming ovens. Ranges and ovens are required to be served by a hood system Depending what is prepared on the range or ovens would determine type of hood required. a. Type 1 grease, smoke (fire suppression required) b. Type 2 steam, vapor, odors and heat (no suppression required) 8) Please re submit a fair market value for the proposed work or the Building Official shall assess a value for the work decribed. Due to the items identified as noted above the plan review has been terminated until the items have been properly addressed. In no way should this partial review be considered as a complete review. Please submit revised plans showing compliance with codes. If you have any questions regarding this review, please contact me at(503) 369-4171 ext. 392. Sincerely, Daryl Jones Plans Examiner c. Nicoli Enginering Hap Watkins,Supervising Inspector Building Inspectors File MEMORANDUM CITY OF TIGARD, OREGON DATE: October 8, 2001 TO: Morgan Tracy, Associate Planner FROM: Brian Rager, Development Review Engineer l ,� RE: SDR 2001-00004, Dalton's Catering Street And Utility Improvements Standards (Section 18.810): Chapter 18.810 provides construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: Streets: Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. Minimum Rights-of-Way and Street Widths: Section 18.810.030(E) requires a minor collector street to have a 60-foot right-of-way width and a 40-foot paved section. Other improvements required may include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. This site lies adjacent to SW Pfaffle Street, which is classified as a minor collector on the City of Tigard Transportation Plan Map. At present, there is approximately 25 feet of ROW from centerline, according to the most recent tax assessor's map. The applicant should dedicate additional ROW to provide 30 feet from centerline. The applicant's materials show they will provide this dedication as a part of the project. SW Pfaffle Street is currently paved, but not fully improved to City standards. In order to mitigate the impact from this development, the applicant should construct a half-street improvement adjacent to this site. The applicant's plans show they will provide this improvement, and the applicant has already submitted ENGINEERING COMMENTS SDR 2001-00004 Dalton's Catering PAGE 1 construction plans to the Engineering Department for a permit to construct these improvements. There is an issue with the proposed driveway access into this development. A driveway is shown that is only 12 feet wide. Table 18.705.3 requires a minimum paved width of 24 feet. The applicant will need to resolve this issue and show how they will provide a driveway to meet this code section. Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets. By constructing a half-street improvement adjacent to this site, the applicant will meet this criterion. Sanitary Sewers: Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. Over-sizing: Section 18.810.090.0 states that proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. There is an existing 8-inch public sewer main located in SW Pfaffle Street. The existing structure is already served by this main line. No additional public sewer line work is necessary for this development. Storm Drainage: General Provisions: Section 18.810.100.A states requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by ENGINEERING COMMENTS SDR 2001-00004 Dalton's Catering PAGE 2 Clean Water Services in 2000 and including any future revisions or amendments). The topography of this site slopes to the north toward SW Pfaffle Street. The applicant's onsite storm drainage plan will collect any surface water that would impact this site and convey it to the public system in SW Pfaffle Street. Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). This project will result in a net increase of impervious area of approximately 3,941 square feet. CWS design standards provide that if the impervious area of a site is not increased over 5,000 square feet, then onsite detention is not required. Therefore, onsite detention is not required for this project. The onsite drainage system is shown to tie into the public storm drainage system in SW Pfaffle Street. This concept is acceptable. A new public storm line will be extended along with the new half-street improvements. Bikeways and Pedestrian Pathways: Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed bikeways identified on the City's adopted pedestrian/bikeway plan shall include provisions for the future extension of such bikeways through the dedication of easements or right-of-way. PLANNING Cost of Construction: Section 18.810.110.B states that development permits issued for planned unit developments, conditional use permits, subdivisions, and other developments which will principally benefit from such bikeways shall be conditioned to include the cost or construction of bikeway improvements. PLANNING Minimum Width: Section 18.810.110.0 states that the minimum width for bikeways within the roadway is five feet per bicycle travel lane. Minimum width for two-way bikeways separated from the road is eight feet. ENGINEERING COMMENTS SDR 2001-00004 Dalton's Catering PAGE 3 PLANNING Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: • The developer shall make all necessary arrangements with the serving utility to provide the underground services; • The City reserves the right to approve location of all surface mounted facilities; • All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and • Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a developer shall pay a fee in-lieu of under-grounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under- grounding the utilities outweighs the benefit of under-grounding in conjunction with the development. The determination shall be on a case- by-case basis. The most common, but not the only, such situation is a short frontage development for which under-grounding would result in the placement of additional poles, rather than the removal of above-ground utilities facilities. An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of under- grounding. There are existing overhead utility lines along the frontage of SW Pfaffle Street. The applicant has asked that the City Engineer review this criterion as to whether or not it is appropriate for this development. The value of the fee in-lieu of undergrounding in this case would be $2,750.00 (100 feet X $27.50). The Planning Division has calculated the unmitigated impact of this development to be approximately $8,115.00. The value of the ROW dedication is approximately $6,000.00. The applicant has also proposed to construct half-street ENGINEERING COMMENTS SDR 2001-00004 Dalton's Catering PAGE 4 improvements to the roadway to comply with 18.810.030.A.1. The value of these improvements will be approximately $15,000.00. To require the fee in-lieu of undergrounding on top of the ROW and street improvement costs would be excessive. Staff recommends the fee in-lieu of undergrounding be waived for this project. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Public Water System: This site is located in the Tualatin Water District's service area. The existing structure is served from the public water line in SW Pfaffle Street. No additional public water line work is necessary to support this development. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 00-7) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. The applicant has requested that the fee in-lieu of undergrounding be approved for this project. The applicant's engineer states that the small size of the site would make an onsite facility impractical. Staff is not convinced and believes that the applicant may be able to install a below ground treatment device, such as a catch basin unit by Stormwater Management. Prior to construction, the applicant shall investigate this potential solution and install such a unit, or show that even that solution would be impractical. Grading and Erosion Control: CWS Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per CWS regulations, the applicant is required to submit an ENGINEERING COMMENTS SDR 2001-00004 Dalton's Catering PAGE 5 erosion control plan for City review and approval prior to issuance of City permits. The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES) erosion control permit be issued for any development that will disturb five or more acres of land. Since this site is over five acres, the developer will be required to obtain an NPDES permit from the City prior to construction. This permit will be issued along with the site and/or building permit. The Building Division will review the onsite grading plan during the site permit review. A NPDES permit is not required, as the site is less than five acres in size. Address Assignments: The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard and within the Urban Service Boundary (USB). An addressing fee in the amount of $ 30.00 per address shall be assessed. This fee shall be paid to the City prior to issuance of the site permit. For this project, the addressing fee will be $30.00. Recommendations: THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF THE SITE PERMIT: Submit to the Engineering Department (Brian Rager, 639-4171, ext. 318) for review and approval: Prior to issuance of a site permit, the public improvement plans for the work in the public ROW shall be approved by the Engineering Department (ENG 2001-00033). The applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. The purpose of this plan is for parking and traffic control during the public improvement construction phase. All construction vehicle parking shall be provided on-site. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site improvements or ENGINEERING COMMENTS SDR 2001-00004 Dalton's Catering PAGE 6 buildings proposed by this application, and shall include the vehicles of all suppliers and employees associated with the project. Prior to issuance of the site permit, the applicant shall pay an addressing fee in the amount of$30.00. (STAFF CONTACT: Kit Church, Engineering). The applicant's final street improvement construction plans shall indicate that they will construct a half-street improvement along the frontage of SW Pfaff le Street. The improvements adjacent to this site shall include: A. City standard pavement section for a minor collector street from curb to centerline equal to 20 feet; B. pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond the site frontage; C. concrete curb, or curb and gutter as needed; D. storm drainage, including any off-site storm drainage necessary to convey surface and/or subsurface runoff; E. 5 foot concrete sidewalk; F. street trees behind the sidewalk spaced per TDC requirements; G. street striping; H. streetlight layout by applicant's engineer, to be approved by City Engineer; I. underground utilities; J. street signs (if applicable); K. driveway apron (if applicable); and L. adjustments in vertical and/or horizontal alignment to construct SW Pfaff le Street in a safe manner, as approved by the Engineering Department. The applicant shall resolved the access issue and show how they will provide a driveway into this site with a minimum paved width of 24 feet. The applicant shall provide an on-site water quality facility as required by Clean Water Services Design and Construction Standards (adopted by Resolution and Order No. 00-7). Final plans and calculations shall be submitted to the Engineering Department (Brian Rager) for review and approval prior to issuance of the site permit. In addition, a proposed maintenance plan shall be submitted along with the plans and calculations for review and approval. If the applicant can demonstrate that any water quality facility on this site is impractical, then the City Engineer will consider the fee in-lieu. ENGINEERING COMMENTS SDR 2001-00004 Dalton's Catering PAGE 7 THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF THE BUILDING PERMIT: Submit to the Engineering Department (Brian Rager, 639-4171, ext. 318) for review and approval: Prior to issuance of a building permit, additional right-of-way shall be dedicated to the Public along the frontage of SW Pfaff le Street to increase the right-of-way to 30 feet from the centerline. The description shall be tied to the existing right-of-way centerline. The dedication document shall be on City forms. Instructions are available from the Engineering Department. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO A FINAL BUILDING INSPECTION: Submit to the Engineering Department (Brian Rager, 639-4171, ext. 318) for review and approval: Prior to a final building inspection, the applicant shall complete the required public improvements, obtain conditional acceptance from the City, and provide a one-year maintenance assurance for said improvements. Prior to a final building inspection, the applicant shall provide the City with as-built drawings of the public improvements as follows: 1) mylars, and 2) a diskette of the as-builts in "DWG" format, if available; otherwise "DXF" will be acceptable. Note: if the public improvement drawings were hand-drawn, then a diskette is not required. \\tig3331 usr\depts\eng\brianr\comments\sdrlsdr2001-00004.doc ENGINEERING COMMENTS SDR 2001-00004 Dalton's Catering PAGE 8 SEP-10 01 17: 10 FROM:WASHCO LAND DEV SERV 503-846-2908 TO:5036847297 PAGE:01'01 ANWASHINGTON COUNTY, OREGON 155 North First rs of Land Use and Transportation,Land Oregon 97124 Services (503)N First Avenue,Suite 350-13,Hillsboro,Oreflon 97124 (503)646-6761 FAX:(503)846-2908 September 10, 2001 Brad Kilby, Associate Planner City of Tigard Community Development 13125 SW Hall Boulevard Tigard, OR 97223 FAX: 503-684-7297 # of Pages: 1 RE: Dalton's Catering City File Number: SDR 2001-00004, VAR 2001-00015 Location: 8530 SW Pfaffle Street east of SW Hall Boulevard Tax Map and Lot Number: 1S1 35DA/ 1000 mil --- I _, \ = 1:-,: In = w( .. .. ,.....::..N - - - - ih:-. minit ____j - , - . :14__ *-. :,.. - . --• [ . LIL‘iiiiiii _i:c1:1A: Washington County Department of Land Use and Transportation has received materials regarding the above noted development application but will not be submitting any requirements/conditions. The project site is not adjacent to County maintained road sections nor is it part of a phased development for which previously required County conditions remain unsatisfied. Thank you for the opportunity to comment. If you have any questions, please contact me at 503-846-8131 . -(eiL< nne LaMountain Associate Planner FAShared\LDS\WPSHARF\TRANSP\TIG\Dalton'sNOCOMM doc MEMORANDUM TO: Brad Kilby RECEIVED PLANNING ` 11J FROM: Matt Stine, City Forester SEP 1 0 2001 RE: Dalton's Catering CITY OFTIGARD DATE: September 10, 2001 As you requested I have provided some comments on the "Dalton's Catering" project. If you have any questions or concerns regarding my comments please contact me anytime. 1. TREE PROTECTION DEVICES 18.745.030 E. PROTECTION OF EXISTING VEGETATION. Existing vegetation on a site shall be protected as much as possible: 1. The developer shall provide methods for the protection of existing vegetation to remain during the construction process; and 2. The plants to be saved shall be noted on the landscape plans (e.g., areas not to be disturbed can be fenced, as in snow fencing which can be placed around the individual trees). 1.1. All tree protection devices shall be located on the Tree Protection Plan. Any tree that will not be removed onsite that is within the limits of disturbance of this project must be protected. Any tree that is located on property adjacent to the construction project that will have more than 20% of its root system disturbed by construction activities shall also be protected. 1 .2. Details and specifications are required as to how the trees will be protected on site. The details and specifications are included in this memo. 1 .3. Provide a construction sequence including installation and removal of tree protection devices, clearing, grading, or installation of sediment and erosion control measures, and other activities that may be required to implement the tree protection measures. 1.4. Include in the notes on the final set of plans that equipment, vehicles, machinery, dumping or storage, or other construction activities, burial, burning, or other disposal of construction materials must not be located inside of any tree protection device or outside of the limits of disturbance where trees are being protected. No grading, filling or any other construction activity may occur within the tree protection devices at any time or outside of the limits of disturbance where trees are being protected unless approved by the City Forester. 1 .5. All tree protection devices shall be: • Visible. • Well-anchored. • Approved in the field prior to clearing, grading, or the beginning of construction. • Remain in place and maintained until all construction is completed and a final inspection is conducted. 1.6. All tree protection devises shall be constructed according to the attached illustrations (Figures D-5 and D-6). 1.7. To determine the size of the tree protection zone follow the guidelines listed below: • For individual trees follow the trunk diameter method. For every one-inch of diameter at breast height (DBH), or 4 1/2 feet above the ground, allow 9 inches of space from the trunk of the tree. For example, a tree that is 15" at DBH must have at least 12' of tree protection zone around the entire canopy of the tree. • For groups of trees the tree protection zone must be outside of the dripline of the trees on the edge of the stand. If there are conifers with narrow crowns on the edge of the stand follow the trunk diameter method or the dripline method, whichever is greater. 1.8. Identify, on the Tree Protection Plan, the location of the stockpile area and the staging area (if different from the stockpile area). 1.9. All of this information must be included in the final Tree Protection Plan's notes or drawings. 2. TREE SPECIES SELECTION & PLANTING 18.745.030 C. INSTALLATION REQUIREMENTS. The installation of all landscaping shall be as follows: 1. All landscaping shall be installed according to accepted planting procedures. 2. The plant material shall be of high grade, and shall meet the size and grading standards of the American Standards for Nurberg Stock (ANSI Z-60, 1-1986, and any other future revisions); and 3. Landscaping shall be installed in accordance with the provisions of this title. G. CONDITIONS OF APPROVAL OF EXISTING VEGETATION. 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 less than that required for conventional development. 2.1 . It is recommended that all tree planting follow the guidelines set forth by the International Society of Arboriculture's tree planting guidelines as well as the standards set forth in the American Institute of Architects' Architectural Graphic Standards, 10th edition. In the Architectural Graphic Standards there are guidelines for selecting and planting trees based on the soil volume and size at maturity. Additionally, there are directions for soil amendments and modifications. I recommend that these guidelines be followed and adhered to at all times. 2.2. In order to develop tree species diversity onsite it is recommended that the following guidelines be followed: • No more than 30% of any one family be planted onsite. • No more than 20% of any one genus be planted onsite. • No more than 10% of any one species be planted onsite. 2.3. I recommend that all of this information be included in the final plan's notes or drawings. If you have any questions please call me anytime. Thank you for requesting my comments on this project. REQUEST FOR COMMENTS CINOFTIGARD Community(Development Shaping A Better Community RECEIVED PLANNING DATE: Augusta 2001 AUG 31 2001 TO: Dennis Koellermeier,Operations Manager CITY OF rtGqRD FROM: City of Tigard Planning Division STAFF CONTACT: Brad Kilby,Associate Planner[x3881 Phone: [5031639-4111/Fax: [5031684-1291 SITE DEVELOPMENT REVIEW[SDR)2001-00004/VARIANCE[VAR)2001-00015 DALTON'S CATERING REQUEST: The applicant is requesting Site Development Review approval for a catering business, and approval of an access and egress Adjustment to allow for a smaller driveway than what is required by the Tigard Development Code. LOCATION: 8530 SW Pfaffle Street; WCTM 1S135DA, Tax Lot 1000. The site is located between Highway 217 and SW Pfaffle Street, east of SW Hall Boulevard. ZONE: C-P: Professional/Administrative Commercial District. The C-P zoning district is designed to accommodate civic and business/professional services and compatible support services, e.g., convenience retail and personal services, restaurants, in close proximity to residential areas and major transportation facilities. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.370, 18.390, 18.520, 18.705, 18.725, 18.745, 18.755, 18.765, 18.790, 18.795 and 18.810. Attached are the Site Plan, Vicinity Map and Applicant's Materials for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: AUGUST 31, 2001. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: • ,,v7 4 Pere G° i y ca lP.d_.t) Gg -4) d e G-9 e t. D_ L P_ c[1 e Le-zit O Y IDV P r'. .413 Lt /' ,o .L.ile A. ,,v i*ft_3n4 /& .rts,)0K4a s i4-,r/./1,41-7„/ e Ci440 ,'tied'L.) �o Joe: i.��Q 4 74,, .v ...},,L , Y41. ,AI/ Pier �o 46, ry�ff 4 r ‘4ic , 1L Cbc 6/ ,i g ,G; (2(ease provide thefolowing information)Name of Person(s) Commenting: I Phone Number(s): CleanWater Services Our commitment is cicai. RECEIVED PLANNING MEMORANDUM SEP 0 4 2001 CITY Cr TlARD DATE: 29, 2001 FROM: Lee Walker, Clean Water Services (formerly USA) TO: Brad Kilby, City of Tigard SUBJECT: Dalton's Catering STORM SEWER Engineer must verify that public storm sewer is available to uphill adjacent properties as required by the Design and Construction Standards,Resolution and Order No. 00-7,or must extend storm service as required by noted R&O. Hydraulic and hydrological analysis of storm conveyance system is necessary. If downstream storm conveyance does not have the capacity to convey the volume during a 25-year, 24-hour storm event, the applicant is responsible for mitigating the flow. WATER QUALITY Developer shall provide a water quality facility to treat the new impervious surface being constructed as part of this development. EROSION CONTROL An Erosion Control Permit is required. 155 N First Avenue, Suite 270• Hillsboro, Oregon 97124 Phone: (503)846-8621 • Fax: (503)846-3525•www.cleanwaterservices.org REQUEST FOR COMMENTS CITY OFTIGARD Community Development Shaping A Better Community DATE: August 11,2001 RECEIVED PLANNING TO: Jim Wolf,Tigard Police Department Crime Prevention Officer S E P 0 4 2001 FROM: City of Tigard Planning Division CITY CF Ti3A.RD STAFF CONTACT: Brad Kllby,Associate Planner(x3881 Phone: [503)639-4111/Fax: [5031 684-1291 SITE DEVELOPMENT REVIEW MDR]2001-00004/VARIANCE[VAR)2001-00015 DALTON'S CATERING REQUEST: The applicant is requesting Site Development Review approval for a catering business, and approval of an access and egress Adjustment to allow for a smaller driveway than what is required by the Tigard Development Code. LOCATION: 8530 SW Pfaffle Street; WCTM 1 S135DA, Tax Lot 1000. The site is located between Highway 217 and SW Pfaffle Street, east of SW Hall Boulevard. ZONE: C-P: Professional/Administrative Commercial District. The C-P zoning district is designed to accommodate civic and business/professional services and compatible support services, e.g., convenience retail and personal services, restaurants, in close proximity to residential areas and major transportation facilities. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.370, 18.390, 18.520, 18.705, 18.725, 18.745, 18.755, 18.765, 18.790, 18.795 and 18.810. Attached are the Site Plan, Vicinity Map and Applicant's Materials for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: AUGUST 31, 2001. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLESE CHECK THE FOLLOWING ITEMS THAT APPLY: ,✓ We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: ((lease provide the following information)Name of Person(s) Commenting: 0 01 C, I Phone Number(s): '1/110 I REQUEST FOR COMMENTS CITY OF TIGARD Community Development Shaping Better Community DATE: August 11,2001 RECEIVED PLANNING TO: Barbara Shields,Long Range Planning Manager AUG 3 9 2001 CITY OF TIGARD FROM: City of Tigard Planning Division STAFF CONTACT: Brad Kilby,Associate Planner[x3881 Phone: [5031639-4111/Fax: [5031684-1291 SITE DEVELOPMENT REVIEW MDR)2001-00004/VARIANCE[VAR)2001-00015 DALTON'S CATERING REQUEST: The applicant is requesting Site Development Review approval for a catering business, and approval of an access and egress Adjustment to allow for a smaller driveway than what is required by the Tigard Development Code. LOCATION: 8530 SW Pfaffle Street; WCTM 1S135DA, Tax Lot 1000. The site is located between Highway 217 and SW Pfaffle Street, east of SW Hall Boulevard. ZONE: C-P: Professional/Administrative Commercial District. The C-P zoning district is designed to accommodate civic and business/professional services and compatible support services, e.g., convenience retail and personal services, restaurants, in close proximity to residential areas and major transportation facilities. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.370, 18.390, 18.520, 18.705, 18.725, 18.745, 18.755, 18.765, 18.790, 18.795 and 18.810. Attached are the Site Plan, Vicinity Map and Applicant's Materials for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: AUGUST 31, 2001. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: ('lease provide thefoiTowing information)Name of Person(s) Commenting: IPhone Number(s): I Bradley Kilby - Dalton's Catering.doc Page 1 TUALATIN VALLEY FIRE & RESCUE • SOUTH DIVISION COMMUNITY SERVICES • OPERATIONS • FIRE PREVENTION August 27, 2001 Brad Kilby, Associate Planner City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 Re: Dalton's Catering Dear Brad, I have reviewed the submittal for the above named project and have the following comments: 1. A minimum of 2 fire hydrants shall be provided for this development. One hydrant is shown on the plans directly across from the building. One additional fire hydrant shall be located so that no part of the structure is more than 500 feet from the hydrant. (UFC 903.4) 2. Fire hydrant locations shall be identified by the installation of reflective markers. The markers shall be blue. They shall be located adjacent and to the side of the centerline of the access roadway that the fire hydrant is located on. In case that there is no center line,then assume a centerline, and place the reflectors accordingly. (UFC Sec. 901.4.3) 3. A building survey and plans, in accordance with TVF&R Ordinance 99-01, Appendix III-F, shall be submitted. A copy of Appendix III-F,the building survey form and the instructions are available on the Fire District web site. To access this information via Internet,follow this link: http://www.tvfr.com/Departments/FireMarshal/new construction.htm Please contact me at(503)612-7010 with any additional questions. Sincerely, Evc g. Monlityn, Eric T. McMullen Deputy Fire Marshal 7401 SW Washo Court,Suite 101 •Tualatin,Oregon 8r22•0Tel.(503)612-7000•Fax(503)612-7003•www.tvfr.com REQUEST FOR COMMENTS CITY 01 TIGARD Community Development -0 . Shaping Bei'ter Community DATE: August 17,2001PW;-6 TO: Tualatin Valle Water District Administrat l ; Offices '• F719 9 � v�-v+�FROM: City of Tigard Planning Division STAFF CONTACT: Brad Kilby,Associate Planner[x3881 Phone: (5031639-4171/Fax: (503]684-72 17 SITE DEVELOPMENT REVIEW ISDR)2001-00004/VARIANCE[VAR)2001-00015 DALTON'S CATERING < REQUEST: The applicant is requesting Site Development Review approval for a catering business, and approval of an access and egress Adjustment to allow for a smaller driveway than what is required by the Tigard Development Code. LOCATION: 8530 SW Pfaffle Street; WCTM 1S135DA, Tax Lot 1000. The site is located between Highway 217 and SW Pfaffle Street, east of SW Ha,l Boulevard. ZONE: C-P: Professional/Administrative Commercial District. The C-P zoning district is designed to accommodate civic and business/professional services and compatible support services, e.g., convenience retail and personal services, restaurants, in close proximity to residential areas and major transportation facilities. APPLICABLE REVIEW CRITERIA: Community Development Cade Chapters 18.360, 18.370, 18.390, 18.520, 18.705, 18.725, 18.745, 18.755, 18.765, 18.790, 18.795 and 18.810. Attached are the Site Plan, Vicinity Map and Applicant's Materials for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: AUGUST 31, 2001. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. 'PLEASE CHECK;THE FOLLOWINGS ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact _ of our office. _ Please refer to the enclosed letter. Written comments provided below: ()&itse provide the following information)Name of Person(s) Corn , : �f/ £ fir_ 555 Phone Number(s): 7 r -.3 � I zoo 9NI2IaaNIMa (MA.L 9860 T69 COS XVd ££:60 NOW TO/LZ/80 REQUEST FOR COMMENTS CIT.o 411 ARD Community(Development Shaping Better Community 0+µN IN� DATE: August 11,2001 RECEIVED Q 1 TO: ()ohn Roy,Property Manager/Operations Department AUG 2 0 200 FROM: City of Tigard Planning Division coil of�r, STAFF CONTACT: Brad Kilby,Associate Planner(x3881 Phone: (5031 639-4111/Fax: 15031684-1291 SITE DEVELOPMENT REVIEW(SOB)2001-00004/VARIANCE[VAR)2001-00015 DALTON'S CATERING REQUEST: The applicant is requesting Site Development Review approval for a catering business, and approval of an access and egress Adjustment to allow for a smaller driveway than what is required by the Tigard Development Code. LOCATION: 8530 SW Pfaffle Street; WCTM 1S135DA, Tax Lot 1000. The site is located between Highway 217 and SW Pfaffle Street, east of SW Hall Boulevard. ZONE: C-P: Professional/Administrative Commercial District. The C-P zoning district is designed to accommodate civic and business/professional services and compatible support services, e.g., convenience retail and personal services, restaurants, in close proximity to residential areas and major transportation facilities. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.370, 18.390, 18.520, 18.705, 18.725, 18.745, 18.755, 18.765, 18.790, 18.795 and 18.810. Attached are the Site Plan, Vicinity Map and Applicant's Materials for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: AUGUST 31, 2001. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEA E CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: (Please provide the following information)Name of Person(s) Commenting: IPhone Number(s): I REQUEST FOR COMMENTS CITTYOFTIGARD Community Development Shaping Better Community DATE: August 17,2001 RECEIVED PLANNING TO: Gary Lampella,Building Official AUG 1 7 2001 FROM: City of Tigard Planning Division CITY OF TIGARD STAFF CONTACT: Brad Kilhy,Associate Planner 1x3881 Phone: [5031639-4111/Fax: [503)684-7297 SITE DEVELOPMENT REVIEW[SDRI 2001-00004/VARIANCE[VARI 2001-00015 DALTON'S CATERING REQUEST: The applicant is requesting Site Development Review approval for a catering business, and approval of an access and egress Adjustment to allow for a smaller driveway than what is required by the Tigard Development Code. LOCATION: 8530 SW Pfaffle Street; WCTM 1 S135DA, Tax Lot 1000. The site is located between Highway 217 and SW Pfaffle Street, east of SW Hall Boulevard. ZONE: C-P: Professional/Administrative Commercial District. The C-P zoning district is designed to accommodate civic and business/professional services and compatible support services, e.g., convenience retail and personal services, restaurants, in close proximity to residential areas and major transportation facilities. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.370, 18.390, 18.520, 18.705, 18.725, 18.745, 18.755, 18.765, 18.790, 18.795 and 18.810. Attached are the Site Plan, Vicinity Map and Applicant's Materials for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: AUGUST 31, 2001. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: l .{M rnli/nc.eni I-7111-6: Der 6 4 ,,s Qo473 -oe Cc.rr,,vte gel a-c- l', Za`o " --—7-11F12 Gc/ou TV PTO --rugs - ur -- (lease provide the following information)Name of Person(s) Commenting: IPhone Number(s): III REQUEST FOR COMMENTS CITY OFTIGARD Community(Development Shaping Better Community DATE: August 11,2001 TO: PER ATTACHED FROM: City of Tigard Planning Division STAFF CONTACT: Brad Kilby,Associate Planner 1x3881 Phone: 15031639-4171/Fax: 15031684-7291 SITE DEVELOPMENT REVIEW ISDRI 2001-00004/VARIANCE IVARI 2001-00015 - DALTON'S CATERING REQUEST: The applicant is requesting Site Development Review approval for a catering business, and approval of an access and egress Adjustment to allow for a smaller driveway than what is required by the Tigard Development Code. LOCATION: 8530 SW Pfaffle Street; WCTM 1 S135DA, Tax Lot 1000. The site is located between Highway 217 and SW Pfaffle Street, east of SW Hall Boulevard. ZONE: C-P: Professional/Administrative Commercial District. The C-P zoning district is designed to accommodate civic and business/professional services and compatible support services, e.g., convenience retail and personal services, restaurants, in close proximity to residential areas and major transportation facilities. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.370, 18.390, 18.520, 18.705, 18.725, 18.745, 18.755, 18.765, 18.790, 18.795 and 18.810. Attached are the Site Plan, Vicinity Map and Applicant's Materials for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: AUGUST 31, 2001. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: — (Pase provide the fo[[owing information)Name of Person(s) Commenting: IPhone Number(s): I CITY TIGARD REQUEST FOR COQ. .cNTS NOTIFICATION LIST FOR LAND USE & COMMUNITY DEVELOPMENT APPLICATIONS FILE NOS.: 1t,. -I1,,e_b11 h -.& `n(-)C, r FILE NAME: bi 1 rL1' re,-r- h:.l;1.7= CITIZEN INVOLVEMENT TEAMS 14-DAY PENDING APPLICATION NOTICE TO CIT AREA: ❑Central ©East ❑South ❑West RIProposal Descrip.in Library CIT Book CITY OFFICES iL LONG RANGE PLANNING/Nadine Smith,Supervisor _COMMUNITY DVLPMNT.DEPTJPIanning-Engineering Techs. POLICE DEPTJJim Wolf,Crime Prevention Officer 'BUILDING DIVISION/Gary Lampella,Building Official ENGINEERING DEPT./Brian Rager,Dvlpmnt.Review Engineer WATER DEPTJDennis Koellermeier,Operations Mgr. _CITY ADMINISTRATION/Cathy Wheatley,City Recorder PUBLIC WORKS/John Roy,Property Manager /PUBLIC WORKS/Matt Stine,Urban Forester -7 PLANNER—TIME TO POST PROJECT SITE IF A PUBLIC HEARING ITEM! SPECIAL DISTRICTS _ TUAL.HILLS PARK&REC.DIST.*Z7TUALATIN VALLEY FIRE&RESCUE♦ TUALATIN VALLEY WATER DISTRICT* 4LEANWATER SERVICES* Planning Manager Fire Marshall Administrative Office Lee Walker/SWM Program 15707 SW Walker Road Washington County Fire District PO Box 745 155 N.First Avenue Beaverton,OR 97006 (place in pick-up box) Beaverton,OR 97075 Hillsboro,OR 97124 LOCAL AND STATE JURISDICTIONS CITY OF BEAVERTON * CITY OF TUALATIN * _OR.DEPT.OF FISH&WILDLIFE OR.DIV.OF STATE LANDS Planning Manager Planning Manager 2501 SW First Avenue 775 Summer Street NE Irish Bunnell,Development Services PO Box 369 PO Box 59 Salem,OR 97301-1279 PO Box 4755 Tualatin,OR 97062 Portland,OR 97207 Beaverton,OR 97076 _ OR.PUB.UTILITIES COMM. METRO-LAND USE&PLANNING * _OR.DEPT.OF GEO.&MINERAL IND. 550 Capitol Street NE _ CITY OF DURHAM * 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380 City Manager Portland,OR 97232-2736 Portland,OR 97232 PO Box 23483 Carol Hall,Data Resource Center(ZCA) _ _ US ARMY CORPS.OF ENG. Durham,OR 97281-3483 _ Paulette Allen,Growth Management coordinator _OR.DEPT.OF LAND CONSERV.&DVLP. 333 SW First Avenue _ Mel Huie,Greenspaces Coordinator(CPA/20A) Larry French(Comp.Plan Amendments Only) PO Box 2946 _CITY OF KING CITY A _ Jennifer Budhabhatti,Regional Planner(Wetlands) 635 Capitol Street NE,Suite 150 Portland,OR 97208-2946 City Manager _ C.D.Manager,Growth Management Services Salem,OR 97301-2540 15300 SW 116th Avenue WASHINGTON COUNTY * King City,OR 97224 OR.DEPT.OF ENERGY(PowedinesinArea) _OREGON DEPT.OF TRANS.(ODOT) Dept.of Land Use&Transp. Bonneville Power Administration Aeronautics Division 155 N.First Avenue _CITY OF LAKE OSWEGO * Routing TTRC–Attn: Renae Ferrera Tom Highland,Planning Suite 350,MS 13 Planning Director PO Box 3621 3040 25th Street,SE Hillsboro,OR 97124 PO Box 369 Portland,OR 97208-3621 Salem,OR 97310 _Brent Curtis(CPA) Lake Oswego,OR 97034 Gregg Leion(CPA) OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 * Anne LaMountain(IGANRB) CITY OF PORTLAND (Notify for Wetlands and Potential Environmental Impacts) _Sonya Kazen,Development Review Coordinator hit Healy)iGA/URe) David Knowles,Planning Bureau Dir. Regional Administrator _Carl Toland, Right-of-Way Section(vacations) %/Steve Conway(General Apps) Portland Building 106,Rm. 1002 2020 SW Fourth Avenue,Suite 400 123 NW Flanders _Sr.Cartographer(cPazcA)KKS,. 1120 SW Fifth Avenue Portland,OR 97201-4987 Portland,OR 97209-4037 _Jim Nims(ZCA)MS 15 Portland,OR 97204 _Doria Mateja(ZCA)MS 14 L/DDOT,REGION 1 -DISTRICT 2A Jane Estes,Perms Specialist 5440 SW Westgate Drive,Suite 350 Portland,OR 97221-2414 UTILITY PROVIDERS AND SPECIAL AGENCIES _PORTLAND WESTERN RJR,BURLINGTON NORTHERN/SANTA FE RJR,OREGON ELECTRIC R/R(Burlington Northem/Santa Fe R/R Predecessor) Robert I.Melbo,President&General Manager 110 W. 10th Avenue Albany,OR 97321 _SOUTHERN PACIFIC TRANS.CO.RJR _METRO AREA COMMUNICATIONS _TCI CABLEVISION OF OREGON AL TRI-MET TRANSIT DVLPMT. Clifford C.Cabe,Construction Engineer Debra Palmer(Annexations only) Pat McGann of Project is Within V.Mile of A Transit Route) 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Ben Baldwin,Project Planner Portland,OR 97232 1815 NW 169th Place,S-6020 Beaverton,OR 97005 710 NE Holladay Street Beaverton,OR 97006-4886 / Portland,OR 97232 .PORTLAND GENERAL ELECTRIC _NW NATURAL GAS COMPANY —VERIZON QWEST COMMUNICATIONS Jim VanKleek,Svc.Design Consultant Scott Palmer,Engineering Coord. Ken Perdue,Engineering Richard Jackson,Engineering 9480 SW Boeckman Road 220 NW Second Avenue PO Box 1100 8021 SW Capitol Hill Rd,Rm 110 Wilsonville,OR 97070 Portland,OR 97209-3991 Beaverton,OR 97075-1100 Portland,OR 97219 TIGARD/TUALATIN SCHOOL DIST.#23J_BEAVERTON SCHOOL DIST.#48 _TCI CABLE(Apps E of HA N or 95W) Marsha Butler,Administrative Offices Jan Youngquist,Demographics&Planning Dept. Diana Carpenter 13137 SW Pacific Highway 16550 SW Merlo Road 3500 SW Bond Street Tigard,OR 97223 Beaverton,OR 97006-5152 Portland,OR 97232 1R INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN 500' OF THE SUBJECT PROPERTY FOR ANY/ALL CITY PROJECTS (Project Planner Is Responsible For Indicating Parties To Notify). h:\patty\masters\Request For Comments Notification List 2.doc (Revised: 5-Jul-01) MAILING RECORDS AFFIDAVIT OF MAILING CRYOFTIGARD Community(Development Shaping (Better Community I, Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am a SenwrAdmintstrative Specialist for the City of Tigard, Washington County, Oregon and that I served the following: (Check Appropriate Box(s)Bebw) E3 NOTICE OF DECISION FOB: SDR200I-00004/VAR2001-00015 — DALTON'S CATERING ❑ AMENDED NOTICE (F le No/Name Reference) ® City of Tigard Planning Director A copy of the said notice being hereto attached, marked Exhibit"A",and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit"B", and by reference made a part hereof, on November 1,2001,and deposited in the United States Mail on November 1,2001, postage prepaid.• killy L irv/ (Person that Prepared Not ce) STATE. OAF O okEGO.Ar ) County of`Washington )ss. City of Tigard ) Subscribed and sworn/affirmed before me on the 77k day of .¢40e,y 1-! , 2001. �, ��� OFFICIAL SEAL t,,•h—it, DIANE M JELDERKS '� NOTARY PUBLIC-OREGON COMMISSION N0.326578 MY COMMISSION EXPIRES SEPT.07,2003 NOTA PY UB IC OF OR EN My Commission Expi : V/o3 EXHIBIT A NOTICE OF TYPE II DECISION SITE DEVELOPMENT REVIEW (SDR) 2001-00004 ADJUSTMENT (VAR) 2001-00015 CITY A1- IIGARD DALTON'S CATERING Community Development ShapingA Better Community 120 DAYS = 12/13/2001 SECTION I. APPLICATION SUMMARY FILE NAME: DALTON'S CATERING CASE NOS.: Site Development Review (SDR) SDR2001-00004 Adjustment (VAR) VAR2001-00015 PROPOSAL: The applicant is requesting Site Development Review approval of a catering business and approval of an access and egress adjustment to allow the existing 15-foot driveway to be utilized, rather than the 30-foot width required by Tigard Development Code (TDC) Section 18.705.030(1). APPLICANT\ David Dalton APPLICANT'S James Andrews OWNER: 8530 SW Pfaffle Street REP: Nicoli Engineering Tigard, OR 97223-8497 PO Box 23784 Tigard, OR 97281 LOCATION: 8530 SW Pfaffle Street; WCTM 1S135DA, Tax Lot 1000. The subject site is located between Highway 217 and SW Pfaffle Street, east of SW Hall Boulevard. ZONE: C-P: Professional/Administrative Commercial District. The C-P zoning district is designed to accommodate civic and business/professional services and compatible support services, e.g., convenience retail and personal services, restaurants, in close proximity to residential areas and major transportation facilities. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.370, 18.390, 18.520, 18.705, 18.725, 18.745, 18.755, 18.765, 18.780, 18.790, 18.795 and 18.810. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section VI. NOTICE OF TYPE II DECISION SDR2001-00004/DALTON'S CATERING PAGE 1 OF 26 CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO THE ISSUANCE OF SITE/BUILDING PERMITS: Submit to the Planning Division (Morgan Tracy, 503-639-4171, ext. 407) for review and approval: 1 . Provide evidence that an access easement has been recorded with the property to the west. If there is no existing easement for the property to the west, the applicant shall provide said access easement, and shall negotiate in good faith to obtain a reciprocal 15-foot access easement from that property for potential future expansion of the access drive. The acquisition of the reciprocal easement shall not obligate construction of the wider access drive, until such time that the nature or occupancy of the business changes, as provided for in Condition No. 19. 2. Provide a revised site plan showing all 6 parking spaces meeting the minimum dimensional requirements of TDC Section 18.765.040.N. 3. Provide a detail on the site plan for the 2-stall bicycle rack designed according to TDC Section 18.765.050.C. 4. Provide a revised landscape plan which includes the following: A. type and quantity of ground cover to be planted along the east and north property line; B. three flowering pear street trees; C. new trees to account for mitigation requirement (as part of the tree removal). The amount of required mitigation will depend on the number of trees over 12-inch diameter that will be removed, pursuant to TDC Section 18.790.030.B. Required street trees and parking lot trees cannot be counted towards the mitigation requirement; D. additional low lying and vertical shrubbery between the parking area and the lawn; and E. planting material for the water quality facility, per Condition No. 12. 5. Provide a Tree Removal and Protection Plan showing all trees on the site, the size of the trees and which trees are to be removed. Trees shall be identified consistently with the arborist report. Tree protection recommendations from the applicant's arborist, as well as, those from the City Forester as stated later in this decision shall be incorporated into the protection plan drawings. The plan shall also include a table summarizing the trees to remain versus those to be removed, the representative percentage of total trees preserved to those removed, and the total caliper inches proposed for removal. 6. Provide a statement addressing the criteria of one of the 4-methods of compliance for Mixed Solid Waste and Recyclable Storage (Section 18.755.040). Submit to the Engineering Department (Brian Rager, 639-4171, ext. 318) for review and approval: 7. Prior to issuance of a site permit, a public improvement permit and compliance agreement is required for this project to cover the half-street improvement and any other work in the public right-of-way. Five (5) sets of detailed public improvement plans shall be submitted for review to the Engineering Department. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public improvement plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall and the City's web page (www.ci.tigard.or.us). NOTICE OF TYPE II DECISION SDR2001-00004/DALTON'S CATERING PAGE 2 OF 26 8. As a part of the public improvement plan submittal, the Engineering Department shall be provided with the exact legal name, address and telephone number of the individual or corporate entity who will be responsible for executing the compliance agreement (if one is required) and providing the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. 9. Prior to issuance of the site permit, the applicant shall dedicate five (5) additional feet of right-of-way to be conveyed to the City of Tigard, along the frontage of SW Pfaffle Street to increase the right-of-way to 30 feet from centerline. The description shall be tied to the existing right-of-way centerline. Verification that the dedication has been recorded shall be provided to the City Engineering Department. 10. The applicant shall submit construction plans to the Engineering Division which indicate that they will construct a half-street improvement along the frontage of SW Pfaffle Street. The improvements adjacent to this site shall include: A. City standard pavement section for a local commercial industrial street from curb to centerline equal to 20 feet; B. pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond the site frontage; C. concrete curb, or curb and gutter as needed; D. storm drainage, including any off-site storm drainage necessary to convey surface and/or subsurface runoff; E. 5-foot concrete sidewalk; F. street trees behind the sidewalk spaced per TDC requirements; G. street striping (if applicable); H. streetlight layout by applicant's engineer, to be approved by City Engineer; street signs (if applicable); and J. driveway apron. 11 . Prior to issuance of the site permit, the applicant shall coordinate with the Public Works Department regarding the proposed storm water connection to the main line in SW Pfaffle Street. 12. Prior to construction, the applicant shall investigate alternatives such as below ground treatment devices, like a catch basin unit by Stormwater Management and Install such a unit, or demonstrate that such a solution would be impractical. Final plans, calculations, and a proposed maintenance plan shall be submitted to the Engineering Department (Brian Rager) for review and approval prior to issuance of the site permit. 13. An erosion control lan shall be provided as part of the public improvement drawings. The plan shall conform to "Erosion Prevention and Sediment Control Plans - Technical Guidance Handbook, February 1994." THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO A FINAL BUILDING INSPECTION: -Submit to the Engineering Department (Brian Rager, 639-4171, ext. 318) for review and approval: 14. Prior to a final building inspection, the applicant shall complete any work in the public right-of-way (or public easement) and obtain approval from the Engineering Department. 15. The applicant shall pay all applicable Systems Development Charges, Transportation Impact Fees, and any approved payments in-lieu and provide evidence of payment. Said payments in-lieu are waived for storm water detention and for utility underground ing. NOTICE OF TYPE II DECISION SDR2001-00004/DALTON'S CATERING PAGE 3 OF 26 16. Prior to final building inspection, the design engineer shall provide the City of Tigard (Inspection Supervisor) with written confirmation that the water quality facility is in compliance with the design and specifications. Staff Contact: Hap Watkins, Building Division. THE FOLLOWING CONDITIONS SHALL BE CONTINUOUSLY SATISFIED AS PART OF THIS APPROVAL: 17. There shall be no direct sales of food from the subject site. This business cannot be operated as a restaurant by any means, without prior Site Development Review and approval and necessary modifications to the site in compliance with all applicable code provisions. 18. Prior to installing any signs, apply for a sign permit through a separate process administered by the Development Services Technicians. 19. The access width adjustment approval shall not run with the land, and shall be reexamined upon any subsequent change or intensification of use or alteration of the structure. A future Site Development Review may be required if, in the opinion of the Planning Director, such subsequent change or intensification results in a need for a standard access. 20. As this approval is to remedy an existing land use violation, timing for implementation of the approved improvements is of the essence. Extensions, as provided for in TDC 18.360.030.D, shall not be granted. THIS APPROVAL SHALL BE VALID FOR EIGHTEEN (18) MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site History: Staff conducted a search of City records for the subject property and found that a stop work order had been placed on the property due to construction activity occurring without permit. To address the life safety issues associated with the un-permitted work, building permits were issued in 2000 to modify the kitchen and add fire suppression, add an electrical service, and install as service, and necessary inspections have been made. However, the owner was converting the residential structure to house the proposed catering business. Any conversion of a residential structure to a commercial use also requires a site development review to ensure that the necessary improvements to the property are made to facilitate orderly development. The applicant had not obtained this site development approval prior to occupying the structure. This application is to rectify the non-conforming use and site to enable its use for commercial activities in compliance with the zone. No other land-use cases are associated with this parcel. The adjacent parcel was the subject of a conditional use permit (CUP 94-0003) approval for a cellular communications facility. Vicinity Information: The subject site is located between Highway 217 and SW Pfaffle Street, east of SW Hall Boulevard. The site is bordered on the east by property zoned R-25 Residential, R-12 Residential on the north, and Professional Commercial (C-P) to the west and south. Site Information and Proposal Description: The applicant is proposing to convert the existing single-family structure into an off-site catering company. The structure will be used for general office and food preparation. An adjustment to the access and egress standard is requested to enable continued use of the existing substandard driveway. NOTICE OF TYPE II DECISION SDR2001-00004/DALTON'S CATERING PAGE 4 OF 26 SECTION IV. COMMENTS FROM PROPERTY OWNERS WITHIN 500 FEET No comments were received from nearby property owners. SECTION V. SUMMARY OF APPLICABLE REVIEW CRITERIA The proposal's consistency with these Code Chapters is reviewed in the following sections: A. Zoning Districts 18.520 (Commercial Zoning Districts) B. Applicable Development Code Standards 18.370 'Variances and Adjustments) 18.705 (Access Egress and Circulation) 18.725 Environmental Performance Standards) 18.745 Landscapingg_and Screening) 18.755 Mixed Solid Waste and Recyclable Storage) 18.765 Off-Street parking and loading requirements) 18.780 Signs 18.790 Tree Removal) 18.795 Visual Clearance) C. Specific DR Approval Criteria 18.360 D. Street and Utility Improvement Standards 18.810 E. Impact Study 18.390 SECTION VI. APPLICABLE DEVELOPMENT CODE STANDARDS A. ZONIING DISTRICT Commercial Zoning District: Section 18.520.020 Lists the description of the Commercial Zoning Districts. The site is located in the C-P: Professional Commercial District. The proposed use, a catering business is not explicitly listed in the code. At its face, it would seem the most similar use would be "Eating and Drinking Establishments;" however, this use is primarily customized by patrons coming to the site to either dine in or take out. The proposed catering business does not (and incidentally can not) provide direct sales of food to on-site customers. Instead, the business provides a service to persons by preparing and providing food off-site for events or gatherings. It is, therefore, more similar in nature and in impact as a Personal Service Use, which is outright permitted in this zone. FINDING: The proposed use is classified as a Personal Service Use based on the nature of the business, and the fact that no direct food sales occur on site. CONDITION:There shall be no direct sales of food from the site. This business cannot be operated as a restaurant by any means, without prior Site Development Review and approval and necessary modifications to the site in compliance with all applicable code provisions. Development Standards: Section 18.520.040.B States that Development standards in commercial zoning districts are contained in Table 18.520.2 below: NOTICE OF TYPE II DECISION SDR2001-00004/DALTON'S CATERING PAGE 5 OF 26 TABLE 18.520.2 DEVELOPMENT STANDARDS IN COMMERCIAL ZONES STANDARD C-P Proposed Minimum Lot Size 6,000 sq. ft 10,890 sq. ft. - Detached unit - - Boarding, lodging, rooming house Minimum Lot Width 50 ft 100 ft. Minimum Setbacks - Front yard 0 ft 3 ft. - Side facing street on corner &through lots - - -Side yard 0/20 ft [1] 35 ft. - Side or rear yard abutting more restrictive zoning district - - Rear yard 0/20 ft [1] 45 ft. - Distance between front of garage & property line abutting a public - - or private street. Maximum Height 45 ft 20 ft. Maximum Site Coverage [2] 85% 62 Minimum Landscape Requirement 15% 31% [1]no setback shall be required except 20 feet shall be required where the zone abuts a residential zone. [2]includes all buildings and impervious area As demonstrated in the table above, the applicant's plans comply with the dimensional standards of the C-P zone. FINDING: Based on the analysis above, the underlying zone's development criteria have been satisfied. B. APPLICABLE DEVELOPMENT CODE STANDARDS The Site Development Review approval standards require that a development proposal be found to be consistent with the various standards of the Community Development Code. Variances and Adjustments (18.370): The applicant has requested an adjustment to the access and egress minimum width standard due to the existing driveway's substandard condition. Tigard Development Code section 18.705.030(1) requires commercial driveways to be a 24 foot wide paved area within a 30 foot accessway. The subject site provides for a 12 foot wide paved driveway within a 15 foot accessway. Section 18.370.020.C.3.b allows the Director to approve, approve with conditions, or deny a request for an adjustment to the access requirements, based on the following criteria: It is not possible to share access; The site presently shares access with the adjacent lot to the west (cell tower site). The applicant has indicated that there is an access easement for this joint use, but has not provided evidence to this effect. The lot to the east is zoned residential and its present driveway to the single-family dwelling is not suitable for joint use. There are no alternative access points on the street in question or from another street; There are no alternatives from another street, as the right-of-way in the rear (south) is Highway 217, a restricted access route. There is one other possible alternative access point to the subject property on the east side of the existing structure. However, creating an access here would result in duplication of access points on the site. As the present access is used for accessing the cell site property to the west, creating a new access on the east will mean having two access points within 50 feet of one another. It would also require an additional 12% of impervious area on the site. NOTICE OF TYPE II DECISION SDR2001-00004/DALTON'S CATERING PAGE 6 OF 26 The access separation requirements cannot be met; The access separation requirements per the City's Engineering Design Manual are generally as follows: 30' from an intersection, 30' between driveways on the same property, and 6' from the edge of a driveway approach to the property line. The adjustment requested is not due to separation deficiencies. However, it shall be noted that the present driveway does not meet the current separation requirement from a property line. The request is the minimum adjustment required to provide adequate access; The request is to allow an existing condition to remain. The site is constrained by the placement of the existing structure and below grade walkways to the basement. There is a limited amount of area that could be used to expand the driveway to 15 feet wide. This would barely enable two vehicles to pass if necessary. With the present driveway at 12 feet, drivers will universally recognize that there is no ability for two cars to pass, and won't attempt to enter the site as another vehicle tries to exit. Increasing the width to 15 feet may actually decrease the functionality of this driveway. The applicant has indicated that the lot to the west is served by the same driveway via an access easement. If there is no access easement, there may be an opportunity to obtain a reciprocal access agreement for an additional 15 feet of width. This will allow for future construction of an access drive that conforms fully to the width standards of the code. The approved access or access approved with conditions will result in safe access; and According to the applicant's narrative, this driveway has been utilized since improvements to SW Pfaffie Street were made in 1989. In the 12 years, the driveway has been used for both residential and commercial uses without any problems. Part of the basis for allowing continued use of the existing driveway is the nature of the catering business. This business operates with infrequent client visits, and the majority of trips to the site will be by employees and others familiar with the unusual driveway arrangement. It is this familiarity combined with the relatively low number of vehicle trips generated that justify the allowance of the substandard condition. It is also anticipated that the predominance of the clientele will utilize on street parking, as the structure is oriented towards the street. The visual clearance requirements of Chapter 18.795 will be met. The visual clearance requirements will not be met due the location of the existing structure. However, this is a non conforming situation that will not be further affected by this proposal. FINDING: Based on the analysis above, staff finds that the nature of the proposed use is typified by infrequent client visits, off-site delivery of goods, and a relatively low trip generation. Also, the majority of trips to the site will be made by people familiar with this driveway configuration (employees and delivery service personnel), and is not of a general public nature. Visitors to the site will also likely utilize on street parking based on the orientation of the structure. CONDITIONS: The access width adjustment approval shall not run with the land, and shall be reexamined upon any subsequent change or intensification of use or alteration of the structure. A future Site Development Review may be required if, in the opinion of the Planning Director, such subsequent change or intensification results in a need for a standard access. Provide evidence that an access easement has been recorded with the property to the west. If there is no existing easement for the property to the west, the applicant shall provide said access easement, and shall negotiate in good faith to obtain a reciprocal 15-foot access easement from that property for potential future expansion of the access drive. NOTICE OF TYPE II DECISION SDR2001-00004/DALTON'S CATERING PAGE 7 OF 26 The acquisition of the reciprocal easement shall not obligate construction of the wider access drive, until such time that the nature or occupancy of the business changes, as described in the above condition. Access, Egress and Circulation (18.705): Access plan: No building or other permit shall be issued until scaled plans are presented and approved as provided by this chapter that show how access, egress and circulation requirements are to be fulfilled. The applicant shall submit a site plan. The Director shall provide the applicant with detailed information about this submission requirement. The applicant has provided plans showing access, egress and circulation from SW Pfaffle Street, which is a public street. Therefore, this standard has been satisfied. Joint access: Owners of two or more uses, structures, or parcels of land may agree to utilize jointly the same access and egress when the combined access and egress of both uses, structures, or parcels of land satisfies the combined requirements as designated in this title, provided: Satisfactory legal evidence shall be presented in the form of deeds, easements, leases or contracts to establish the joint use; and copies of the deeds, easements, leases or contracts are placed on permanent file with the City. No joint access is proposed in this application. The property to the east is zoned residential and the property to the west is occupied by a cell tower with its own access. The property to the north is a landlocked parcel under the same ownership as the subject application. This parcel is substandard in size, and could not be separately developed. As there is no compelling reason for joint access, none is required. Public street access: All vehicular access and egress as required in Sections 18.705.030H and 18.705.0301 shall connect directly with a public or private street approved by the City for public use and shall be maintained at the required standards on a continuous basis. The subject site is accessible from SW Pfaffle Street, a public street. Therefore, this standard has been satisfied. Curb cuts: Curb cuts shall be in accordance with Section 18.810.030N: Concrete curbs, curb cuts, wheelchair, bicycle ramps and driveway approaches shall be constructed in accordance with standards specified in this chapter and Section 15.04.080: Concrete curbs and driveway approaches are required; except where no sidewalk is planned, an asphalt approach may be constructed with City Engineer approval and Asphalt and concrete driveway approaches to the property line shall be built to City configuration standards. The proposed site plan shows the existing curb cut and driveway approach to remain. Staff has examined this approach and confirms that its construction is in substantial conformance with City standards. Walkways: On-site pedestrian walkways shall comply with the following standards: Walkways shall extend from the ground floor entrances or from the ground floor landing of stairs, ramps, or elevators of all commercial, institutional, and industrial uses, to the streets which provide the required access and egress. Walkways shall provide convenient connections between buildings in multi-building commercial, institutional, and industrial complexes. Unless impractical, walkways shall be constructed between new and existing developments and neighboring developments; NOTICE OF TYPE II DECISION SDR2001-00004/DALTON'S CATERING PAGE 8 OF 26 According to the plans submitted, a concrete walkway will connect the parking area to the building's rear entrance, and a walkway will connect the front entrance to the street. There are no neighboring developments that would be better served with a walkway and existing rights-of-way provide adequate pedestrian access to the site. Wherever required walkways cross vehicle access driveways or parking lots, such crossings shall be designed and located for pedestrian safety. Required walkways shall be physically separated from motor vehicle traffic and parking by either a minimum 6-inch vertical separation (curbed) or a minimum 3-foot horizontal separation, except that pedestrian crossings of traffic aisles are permitted for distances no greater than 36 feet if appropriate landscaping, pavement markings, or contrasting pavement materials are used. Walkways shall be a minimum of four feet in width, exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle racks, and sign posts, and shall be in compliance with ADA standards; The proposed walkway does not cross the proposed parking lot associated with this project. Therefore, this standard is met. Required walkways shall be paved with hard surfaced materials such as concrete, asphalt, stone, brick, etc. Walkways may be required to be lighted and/or signed as needed for safety purposes. Soft-surfaced public use pathways may be provided only if such pathways are provided in addition to required pathways. The plan depicts concrete sidewalks, and a portion of the walkway will be on a wood deck, which meets the standard. Minimum Access Requirements for Commercial and Industrial Use: Section 18.705.030.1 provides the minimum access requirements for commercial and industrial uses: Table 18.705.3 indicates that the required access width for developments with 0-99 parking spaces is one 30-foot accesses with 24 feet of pavement. Vehicular access shall be provided to commercial or industrial uses, and shall be located within 50 feet of the primary ground floor entrances; additional requirements for truck traffic may be placed as conditions of site development review. The development has one point of access from SW Pfaffle Street into the parking lot that is only 15 feet wide, which does not meet this standard. Therefore, the applicant has requested an adjustment, discussed earlier in this decision, to address this requirement. One-way vehicular access points: Where a proposed parking facility indicates only one-way traffic flow on the site, it shall be accommodated by a specific driveway serving the facility; the entrance drive shall be situated closest to oncoming traffic and the exit drive shall be situated farthest from oncoming traffic. The site plan shows the access drive to accommodate two-way traffic. Therefore, this standard does not apply. The Director has the authority to restrict access when the need to do so is dictated by one or more of the following conditions: To provide for increased traffic movement on congested streets and to eliminate turning movement problems, the Director may restrict the location of driveways on streets and require the location of driveways be placed on adjacent streets, upon the finding that the proposed access would: • Cause or increase existing hazardous traffic conditions; or • Provide inadequate access for emergency vehicles; or • Cause hazardous conditions to exist which would constitute a clear and present danger to the public health, safety, and general welfare. NOTICE OF TYPE II DECISION SDR2001-00004/DALTON'S CATERING PAGE 9 OF 26 To eliminate the need to use public streets for movements between commercial or industrial properties, parking areas shall be designed to connect with parking areas on adjacent properties unless not feasible. The Director shall require access easements between properties where necessary to provide for parking area connections; To facilitate pedestrian and bicycle traffic, access and parking area plans shall provide efficient sidewalk and/or pathway connections, as feasible, between neighboring developments or land uses; The subject property is bordered by residential zones on two sides, a freeway (Major Arterial), and a commercially zoned cell tower. SW Pfeifle is a minor collector, but offers the only means of egress from the site. There are no opportunities to connect with other parking areas, however, the small parcel to the south (zoned C-P) could be part of future expansion of the subject site. The applicant's plan shows the proposed parking area extending to the southern property line, enabling an easy connection to this adjoining parcel, if so desired. Because this adjoining site is not sufficiently sized and lacks access, future consolidation of this lot with the subject parcel would be required, negating the need for recording an easement on the subject site. The lot to the west is also zoned C-P but is presently developed with a cellular tower facility. The cell tower currently shares access with the subject site. There is a discrepancy as to whether the access drive is located on the subject site or on the lot to the west. The applicant notes that an access easement exists for the cell tower to use the existing driveway, while the cell tower application (CUP 94-0003) showed the driveway on that property. The applicant will need to provide evidence of the access easement to ensure adequate access exists to both properties. If there is none, then the applicant shall negotiate in good faith to obtain a reciprocal easement from the cell tower site in exchange for granting an easement for the cell tower to use the existing driveway, to promote joint use of the accessway. FINDING: Based on the analysis above, the Access, Egress and Circulation standards have not been met. However, as conditioned in the previous section regarding the requested adjustment, this standard is met. Environmental Performance Standards (18.725) The purpose of these provisions is to apply the federal and state environmental laws, rules and regulations to development within the City of Tigard. These requirements are intended to prevent or mitigate for adverse environmental impacts to offsite properties from noise, visible emissions, vibration, odors, insects and rodents, and glare and heat. The proposed catering business will be conducted wholly indoors thereby limiting noise and odors. Visible emissions will be limited to steam resulting from the ventilation systems for the cooking areas. Steam is an acceptable emission by these standards. There is no anticipated vibration from the proposed use as no heavy equipment will be used. No emissions of heat will be detectable at the property line, and glare will be limited to security lighting of the parking area, which is permissible. The most pertinent performance standard is related to insect and rodent control. The preparation of food creates large amounts of organic waste which is an attraction for insects and rodents. Successful insect and rodent control can be achieved by proper disposal into waste containers that can be sealed off. The applicant will be provided with a dumpster with regular and routine trash pick-up service. FINDING: Based on the analysis above, and continued obligation of the property owner to adhere to these provisions, this standard is met. NOTICE OF TYPE II DECISION SDR2001-00004/DALTON'S CATERING PAGE 10 OF 26 Landscaping and Screening (18.745): Street Trees: Section 18.745.040 states that all development projects fronting on a public street or a private drive more than 100 feet in length shall be required to plant street trees in accordance with Section 18.745.040.0 Section 18.745.040.0 requires that street trees be spaced between 20 and 40 feet apart depending on the size classification of the tree at maturity (small, medium or large). This development fronts a public street and is, therefore, required to plant street trees. The site lan indicates two flowering pear trees on the street frontage. These trees at maturity spread between 15-35 feet. The site plan shows the trees planted 20 feet apart, which should be adequate. There is available space to plant a third street tree in a manner that would not affect vision clearance. Buffering and Screening: Section 18.745.050 states that buffering, but not screening is required between abutting uses that are of a different type when the uses are separated by a street. No buffer or screening is required between similar uses. Property to the north is zoned (R-12) Residential, but is separated by a street. Property to the south of the subject site is zoned (C-P) Professional Office, but is predominantly public right-of- way. Property to the west is zoned Professional Office as well. On the east side is a Residential (R-25) zone. According to the buffering matrix (Table 18.745.1) the site is required to provide buffering and screening to the east and north according to the "D" buffering standard. To the north, only buffering is required. The applicant has provided a landscape plan that shows a 10-foot-wide buffer area on the east side next to the proposed parking area, planted with trees, shrubs and groundcover. To satisfy the screening requirement, the existing wire fence will be replaced by a wood wall. In the area where there is no parking, the buffer is increased to 20 feet wide, so the wall does not need to extend the full depth of the site. Along the north edge of the property, street trees and lawn are rovided along half of the site's frontage. The existing and driveway preclude the possibility of providing any additional buffer, and the dedication of additional right-of-way further reduces the buffering opportunities. Screening: Special Provisions: Section 18.745.050.E requires the screening of parking and loading areas. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. Planting materials to be installed should achieve a relative balance between low lying and vertical shrubbery and trees. Trees shall be planted in landscaped islands in all parking areas, and shall be equally distributed on the basis of one (1) tree for each seven (7) parking spaces in order to provide a canopy effect. The minimum dimension on the landscape islands shall be three (3) feet wide and the landscaping shall be protected from vehicular damage by some form of wheel guard or curb. The proposed parking area associated with this project will be partially visible from SW Pfaffle Street and adjoining properties to the east and west. The site plan shows the parking area to be screened to the east with a combination of a wall, and landscape shrubs and trees. The area visible to the street will be obscured by two proposed flowering pear trees and to the west by retaining an existing clump of western red cedars. The screening on the west side is sufficient as the abutting property is developed with an un-staffed cell tower structure, which is already screened. The screening from the street will need additional landscaping with a combination of low lying and vertical shrubbery. Screening Of Service Facilities. 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 otherwise be visible from a public street, customer or resident parking area, any public facility or any residential 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; NOTICE OF TYPE II DECISION SDR2001-00004/DALTON'S CATERING PAGE 11 OF 26 Screening of Service Facilities is addressed under 18.755 (Mixed Solid Waste and Recyclable Storage). FINDING: Based on the analysis above, the landscaping and screening standards have not been met. CONDITION: Provide a revised landscape plan showing a third street tree planted along the site frontage in a location which conforms to Section 18.745.050 (C)(2). The landscape plan shall also show additional low lying and vertical shrubbery between the parking area and the lawn. Mixed Solid Waste and Recyclables Storage (18.755): Chapter 18.755 requires that new construction incorporates functional and adequate space for on-site storage and efficient collection of mixed solid waste and source separated Recyclables prior to pick-up and removal by haulers. The applicant must choose one (1) of the following four (4) methods to demonstrate compliance: Minimum Standard, Waste Assessment, Comprehensive Recycling Plan, or Franchised Hauler Review and Sign-Off. The applicant will have to submit evidence or a plan which indicates compliance with this section. Regardless of which method chosen, the applicant will have to submit a written sign-off from the franchise hauler regarding the facility location and compatibility. The applicant has provided a review and sign off from Pride Disposal for the location and design of the enclosure. The applicant has not indicated which of the four methods will be used to comply with this standard. Location Standards. To encourage its use, the storage area for source-separated recyclable shall be co- located with the storage area for residual mixed solid waste; Indoor and outdoor storage areas shall comply with Uniform Building and Fire Code requirements; Storage area space requirements can be satisfied with a single location or multiple locations, and can combine both interior and exterior locations; Exterior storage areas can be located within interior side yard or rear yard areas. Exterior storage areas shall not be located within a required front yard setback or in a yard adjacent to a public or private street; Exterior storage areas shall be located in central and visible locations on a site to enhance security for users; Exterior storage areas can be located in a parking area, if the proposed use provides at least the minimum number of parking spaces required for the use after deducting the area used for storage. Storage areas shall be appropriately screened according to the provisions in 18.755.050 C, design standards; The storage area shall be accessible for collection vehicles and located so that the storage area will not obstruct pedestrian or vehicle traffic movement on the site or on public streets adjacent to the site. The site plan shows the trash enclosure to be located near the east property line adjacent to the access drive. The placement of the enclosure is at the back of the proposed building, which enhances its accessibility, and it will not obstruct pedestrian or vehicle traffic. Therefore, this standard is met. Design Standards. The dimensions of the storage area shall accommodate containers consistent with current methods of local collection; Storage containers shall meet Uniform Fire Code standards and be made and covered with waterproof materials or situated in a covered area; Exterior storage areas shall be enclosed by a sight-obscuring fence wall, or hedge at least six feet in height. Gate openings which allow access to users and haulers shall be provided. Gate openings for haulers shall be a minimum of 10 feet wide and shall be capable of being secured in a closed and open position; Storage area(s) and containers shall be clearly labeled to indicate the type of materials accepted. NOTICE OF TYPE II DECISION SDR2001-00004/DALTON'S CATERING PAGE 12 OF 26 The site plan shows that a dumpster will be used. This dumpster will have a waterproof lid and will be screened by a chain link fence with slats. The enclosure will be open to the rear, and will include a 10' gate for additional access. Therefore, this standard is met. FINDING: Based on the analysis above, the Mixed Solid Waste & Recyclables Storage Standards have not been met. Therefore, the applicant shall be required to meet the following condition: CONDITION: Provide a statement addressing the criteria of one of the 4-methods of compliance for Mixed Solid Waste and Recyclables Storage (Section 18.755.040). Off-Street Parking and Loading (18.765): Location of vehicle parking: Off-street parking spaces for single-family and duplex dwellings and single-family attached dwellings shall be located on the same lot with the dwellings. Off-street parking lots for uses not listed above shall be located not further than 200 feet from the building or use that they are required to serve, measured in a straight line from the building with the following exceptions: a) commercial and industrial uses which require more than 40 parking spaces may provide for the spaces in excess of the required first 40 spaces up to a distance of 300 feet from the primary site; The 40 parking spaces which remain on the primary site must be available for users in the following order of priority: 1) Disabled-accessible spaces; 2) Short-term spaces; 3) Long-term preferential carpool and vanpool spaces; 4) Long-term spaces. The parking lot associated with this project, at the furthest point away from the proposed building, is 68 feet, and the parking spaces are less than 30 feet from the building. Therefore, this standard is met. Joint Parking_ Owners of two or more uses, structures or parcels of land may agree to utilize jointly the same parking and loading spaces when the peak hours of operation do not overlay, subject to the following: 1) The size of the joint parking facility shall be at least as large as the number of vehicle parking spaces required by the larger(est) use per Section 18.765.070; 2) Satisfactory legal evidence shall be presented to the Director in the form of deeds, leases or contracts to establish the joint use; 3) If a joint use arrangement is subsequently terminated, or if the uses change, the requirements of this title thereafter apply to each separately. Joint parking is not proposed with this application. Therefore, this standard does not apply. Parking in Mixed-Use Projects: In mixed-use projects, the required minimum vehicle parking shall be determined using the following formula. 1) Primary use, i.e., that with the largest proportion of total floor area within the development, at 100% of the minimum vehicle parking required for that use in Section 18.765.060; 2) Secondary use, i.e., that with the second largest percentage of total floor area within the develo ment, at 90% of the vehicle parking required for that use in Section 18.765.060; 3 Subsequent use or uses, at 80% of the vehicle parking required for that use(s) in ection 18.765.060; 4) The maximum parking allowance shall be 150% of the total minimum parking as calculated in D.1.-3. above. The project is not considered a mixed-use project. Therefore, this standard does not apply. Visitor Parking in Multi-Family Residential Developments: Multi-dwelling units with more than 10 required parking spaces shall provide an additional 15% of vehicle parking spaces above the minimum required for the use of guests of residents of the complex. These spaces shall be centrally located or distributed throughout the development. Required bicycle parking facilities shall also be centrally located within or evenly distributed throughout the development. This project does not involve a residential use. Therefore, this standard does not apply. NOTICE OF TYPE II DECISION SDR2001-00004/DALTON'S CATERING PAGE 13 OF 26 Preferential Long-Term CarpoolNanpool Parking: Parking lots providing in excess of 20 long-term parking spaces shall provide preferential long-term carpool and vanpool parking for employees, students and other regular visitors to the site. At least 5% of total long-term parking spaces shall be reserved for carpool/vanpool use. Preferential parking for carpools/vanpools shall be closer to the main entrances of the building than any other employee or student parking except parking spaces designated for use by the disabled. Preferential carpool/vanpool spaces shall be full-sized per requirements in Section 18.765.040N and shall be clearly designated for use only by carpools and vanpools between 7:00 AM and 5:30 PM Monday through Friday. The proposed parking lot will have a total of 6 parking stalls. Therefore, no carpool/vanpool stalls are required. Disabled-Accessible Parking: All parking areas shall be provided with the required number of parking spaces for disabled persons as specified by the State of Oregon Uniform Building Code and federal standards. Such parking spaces shall be sized, signed and marked-as required by these regulations. The site plan shows the site will have a total of 6 parking stalls. According to the State of Oregon Uniform Building Code and federal standards, a parking lot with 1-25 parking stalls is required to provide T stall that is ADA accessible. The site plan provides for -1 ADA accessible parking stall located in the newly configured parking lot. Therefore, this standard has been met. Access Drives: With regard to access to public streets from off-street parking: access drives from the street to off-street parking or loading areas shall be designed and constructed to facilitate the flow of traffic and provide maximum safety for pedestrian and vehicular traffic on the site; the number and size of access drives shall be in accordance with the requirements of Chapter, 18.705, Access, Egress and Circulation; access drives shall be clearly and permanently marked and defined through use of rails, fences, walls or other barriers or markers on frontage not occupied by service drives; access drives shall have a minimum vision clearance in accordance with Chapter 18.795, Visual Clearance; access drives shall be improved with an asphalt or concrete surface; and excluding single-family and duplex residences, except as provided by Subsection 18.810.030.P, groups of two or more parking spaces shall be served by a service drive so that no backing movements or other maneuvering within a street or other public right-of-way will be required. The proposed access drive requires an adjustment to satisfy these standards. The adjustment is addressed earlier in this decision. Pedestrian Access: Pedestrian access through parking lots shall be provided in accordance with Section 18.705.030.F. Where a parking area or other vehicle area has a drop-off grade separation, the property owner shall install a wall, railing, or other barrier which will prevent a slow-moving vehicle or driverless vehicle from escaping such area and which will prevent pedestrians from walking over drop-off edges. The parking area occupies the rear half of the property and there are no pedestrian destinations that would necessitate pedestrian access. Parking Lot Striping: Except for single-family and duplex residences, any area intended to be used to meet the off-street parking requirements as contained in this Chapter shall have all parking spaces clearly marked; and all interior drives and access aisles shall be clearly marked and signed to show direction of flow and maintain vehicular and pedestrian safety. The plans submitted show the parking spaces and the access will be clearly marked with striping. Therefore, this standard has been met. NOTICE OF TYPE II DECISION SDR2001-00004/DALTON'S CATERING PAGE 14 OF 26 Wheel Stops: Parking spaces along the boundaries of a parking lot or adjacent to interior landscaped areas or sidewalks shall be provided with a wheel stop at least four inches high located three feet back from the front of the parking stall. The front three feet of the parking stall may be concrete, asphalt or low lying landscape material that does not exceed the height of the wheel stop. This area cannot be calculated to meet landscaping or sidewalk requirements. The applicants plan shows wheel stops in accordance with this section. Space and Aisle Dimensions: Section 18.765.040.N states that: "except as modified for angled parking in Figures 18.765.1 and 18.765.2 the minimum dimensions for parking spaces are: 8.5 feet x 18.5 feet for a standard space and 7.5 feet x 16.5 feet for a compact space; aisles accommodating two direction traffic, or allowing access from both ends, shall be 24 feet in width. The applicant's plans indicate that three of the parking stalls will meet the minimum dimensions for compact parking stalls. The fourth stall meets ADA accessible requirements (9.0'x18.5' with an 8.0'x18.5' clear zone). However, the fifth and sixth stalls are shown to be 8.0 feet wide by 18.5 feet long. These spaces are 0.5 feet too narrow. Bicycle Parking Location and Access: Section 18.765.050 states bicycle parking areas shall be provided at locations within 50 feet of primary entrances to structures; bicycle parking areas shall not be located within parking aisles, landscape areas or pedestrian ways; outdoor bicycle parking shall be visible from on-site buildings and/or the street. When the bicycle parking area is not visible from the street, directional signs shall be used to locate the parking area; and bicycle parking may be located inside a building on a floor which has an outdoor entrance open for use and floor location which does not require the bicyclist to use stairs to gain access to the space. Exceptions may be made to the latter requirement for parking on upper stories within a multi-story residential building. According to Table 18.765.2 of the Tigard Development Code, the minimum bicycle-parking requirement for this Personal Service (catering) use is 1 space per 1,000 square feet of gross floor area. That equates to 2 bicycle parking spaces. The applicant's plans do not Indicate the number of bicycle spaces that will be provided within the "new bicycle parking rack". The location of the bicycle rack may be at the rear of the building but is still visible from the street, thus no additional signage will be necessary. Bicycle Parking Design Requirements: Section 18.765.050.C. The following design requirements apply to the installation of bicycle racks: The racks required for required bicycle parking spaces shall ensure that bicycles may be securely locked to them without undue inconvenience. Provision of bicycle lockers for long-term (employee) parking is encouraged but not required; bicycle racks must be securely anchored to the ground, wall or other structure; bicycle parking spaces shall be at least 21/2 feet by six feet long, and, when covered, with a vertical clearance of seven feet. An access aisle of at least five feet wide shall be provided and maintained beside or between each row of bicycle parking; each required bicycle parking space must be accessible without moving another bicycle; required bicycle parking spaces may not be rented or leased except where required motor vehicle parking is rented or leased. At-cost or deposit fees for bicycle parking are exempt from this requirement; and areas set aside for required bicycle arking must be clearly reserved for bicycle parking only. Outdoor bicycle parking facilities shall be surfaced with a hard surfaced material, i.e., pavers, asphalt, concrete or similar material. This surface must be designed to remain well drained. The applicant has not provided a detail of the bike rack to be used, therefore, Staff is unable to confirm that this standard is met. Therefore, the applicant will be required to provide a plan that shows the proposed bicycle rack designed according to Section 18.765.050.C. of the Tigard Development Code. NOTICE OF TYPE II DECISION SDR2001-00004/DALTON'S CATERING PAGE 15 OF 26 Minimum Bicycle Parking Requirements: The total number of required bicycle parking spaces for each use is specified in Table 18.765.2 in Section 18.765.070.H. In no case shall there be less than two bicycle parking spaces. As discussed above, according to Table 18.765.2 of the Tigard Development Code, the minimum bicycle-parking requirement for a Personal Service use is 1 space per 1,000 square feet of floor area. Based on the 1,888 square foot building, 2 spaces are required. Minimum Off-Street Parking: Section 18.765.070.H states that the minimum and maximum parking shall be as required in Table 18.765.2. Table 18.765.2 states that the minimum parking for a Personal Service Use is 2.5 spaces per 1,000 square feet and the maximum is 4.5 spaces per 1,000 square feet. Based on the 1,888 square foot building, the applicant is required to provide a minimum of 5 and a maximum of 8 parking spaces. The plans provide for 6 parking spaces. Therefore, this standard is satisfied. Off-Street Loading Spaces: Commercial, industrial and institutional buildings or structures to be built or altered which receive and distribute material or merchandise by truck shall provide and maintain off-street loading and maneuvering space as follows: A minimum of one loading space is required for buildings with 10,000 gross square feet or more; A minimum of two loading spaces for buildings with 40,000 gross square feet or more. The proposed catering business is approximately 1,888 square feet. Therefore, this standard does not apply. FINDING: Based on the analysis above, the off-street parking and loading standards have not been fully met, however, if the applicant complies with the conditions listed below, the standards will be fully met: CONDITIONS: Provide a revised site plan showing all 6 parking spaces meeting the minimum dimensional requirements of TDC Section 18.765.040.N. Provide a detail on the site plan for the 2-stall bicycle rack designed according to TDC Section 18.765.050.C. Signs (18.780): Chapter 18.780.130.D lists the type of allowable signs and sign area permitted in the C-P Zoning District. The proposed plans do not call out for any signage. Based on this, this standard is met. However, the applicant shall note that signage within the C-P zone is subject to a permit requirement and the sign criteria of Section 18.780.130.D. FINDING: This standard is met, since the applicant has not proposed any signs. CONDTION: For any signage, apply for a sign permit through a separate process administered by the Development Services Technicians. Tree Removal (18.790): Section 18.790.030 requires that a tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be rovided with a site development review application. The tree plan shall include identification of all existing trees, identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper, which trees are to be removed, protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. NOTICE OF TYPE II DECISION SDR2001-00004/DALTON'S CATERING PAGE 16 OF 26 The applicant has shown a site plan labeling trees to be removed, and a landscape plan that identifies some of the trees that will remain. In addition, an arborist report was provided assessing the condition of these trees. The arborist report indicates that all the trees are in good condition, but that four will need to be removed to accommodate the required street improvements. Unfortunately, there are inconsistencies between the site plan and landscape plan, and the arborist report does not coincide with the number of trees shown on the plan. Therefore, the applicant will be required to provide a tree removal/ protection plan showing all trees on the site, their sizes, and which are to be removed, in addition to any protective measures that will be used to protect the trees to be retained, as well as, any arborist notes and recommendations. The applicant shall note that removal of more than 25% of the number of trees over 12 inches will require mitigation for the number of inches removed, subject to the provisions of Chapter 18.790. It appears from the arborist report that 2/3 (66%) of the trees over 12 inches are being removed. In this case, 50% of the total caliper inches (48-inches) removed must be mitigated. FINDING: Based on the analysis above, the tree removal standards have not been met. CONDITIONS: Provide a Tree Removal and Protection Plan showing all trees on the site, the size of the trees and which trees are to be removed. Trees shall be identified consistently with the arborist report. Tree protection recommendations from the applicant's arborist, as well as, those from the City Forester as stated later in this decision shall be incorporated into the protection plan drawings. The plan shall also include a table summarizing the trees to remain versus those to be removed, the representative percentage of total trees preserved to those removed, and the total caliper inches proposed for removal. Provide a landscape plan that shows new trees to account for mitigation requirement (as part of the tree removal). The amount of required mitigation will depend on the number of trees over 12-inch diameter that will be removed, pursuant to TDC Section 18.790.030.B. Required street trees and arking lot trees cannot be counted towards the mitigation requirement. Visual Clearance Areas (18.795): Chapter 18.795 requires that a clear vision area shall be maintained on the corners of all property adjacent to intersecting right-of-ways or the intersection of a public street and a private driveway. A clear vision area shall-contain no vehicle, hedge pplanting, fence, wall structure, or temporary or permanent obstruction exceeding three (3) feet in height. The code provides that obstructions that may.be located in this area shall be visually clear between three (3) and eight (8) feet in height (8) (trees may be placed within this area provided that a branches below eight (8) feet are removed). A visual clearance area is the triangular area formed by measuring a 30-foot distance along the street right- of-way and the driveway, and then connecting these two (2), 30-foot distance points with a straight line. The existing building does not presently conform to the vision clearance requirements. Additional right-of-way dedication will further reduce this vision clearance area; however, there is no ability to alter this access in order that it will comply. The only means of fully complying with this standard would be to demolish a 60 square foot portion of the structure. This structure is considered non-conforming development per Section 18.760.040(C) and may be maintained provided it is not expanded in a way so as to increase the degree of its non-conformity. The applicant has not proposed any further improvements that will increase the degree of the structure's non-conformity. Therefore, this standard is met. C. SPECIFIC SITE DEVELOPMENT REVIEW APPROVAL STANDARDS Section 18.360.090(A)(2) through 18.360.090(A)(15) provides additional Site Development Review approval standards not necessarily covered by the provisions of the previously listed sections. These additional standards are addressed immediately below with the following exceptions: NOTICE OF TYPE II DECISION SDR2001-00004/DALTON'S CATERING PAGE 17 OF 26 The proposal contains no elements related to the provisions of the following and are, therefore, found to be inapplicable as approval standards: 18.360.090.3 (Exterior Elevations); 18.360.090.5 (Privacy and Noise: Multi-family or Group Living Uses); 18.360.090.6 (Private Outdoor Areas: Multi-family Use); 18.360.090.7 (Shared Outdoor Recreation Areas: Multi-family Use); 18.360.090.8 (100-year floodplain); and 18.360.090.9 (Demarcation of Spaces). The following sections were discussed previously in this decision and, therefore, will not be addressed in this section: 18.360.090.4 (Buffering, Screening and Compatibility Between Adjoining Uses; 18.360.090.13 Parking); 18.360.090.14 (Landscaping); 18.360.090.15 (Drainage); and 18.360.090.14 (Provision for the Disabled). Relationship to the Natural and Physical Environment: Buildings shall be: located to preserve existing trees, topography and natural drainage where possible based upon existing site conditions; located in areas not subject to ground slumping or sliding; located to provide adequate distance between adjoining buildings for adequate light, air circulation, and fire-fighting; and oriented with consideration for sun and wind. Trees shall be preserved to the extent possible. Replacement of trees is subject to the requirements of Chapter 18.790, Tree Removal. The site is not in an area identified as prone to sliding. According to City overlay maps, the subject site is shown as class #1 soil type, which is considered Aloha soil/silt loam. The USGS Conservation District considers the soil to be somewhat of a poorly drained soil. However, the subject site's topography is substantially level, thus decreasing the chance of sliding and drainage of the site is defined in detail under Chapter 18.810 (Street and Utility Improvement Standards). The proposed building is surrounded by lawn and landscaping, which is adequate for light and air circulation. The Building Division has made fire-fighting considerations later in this decision. The proposed alterations to the site will not change the existing grade significantly enough to disturb the natural or physical environment. Crime Prevention and Safety: • Windows shall be located so that areas vulnerable to crime can be surveyed by the occupants; • Interior laundry and service areas shall be located in a way that they can be observed by others; • Mail boxes shall be located in lighted areas having vehicular or pedestrian traffic; • The exterior lighting levels shall be selected and the angles shall be oriented towards areas vulnerable to crime; and • Light fixtures shall be provided in areas having heavy pedestrian or vehicular traffic and in potentially dangerous areas such as parking lots, stairs, ramps and abrupt grade changes. Fixtures shall be placed at a height so that light patterns overlap at a height of seven feet, which is sufficient to illuminate a person. Windows are located around the entire building. The site plan shows a parking lot light at the entrance of the site. Trash enclosures and bicycle parking areas are located toward the front of the building. The City of Tigard Police Department has reviewed this application and had no comments. Therefore, this criterion has been met. Public Transit: Provisions within the plan shall be included for providing for transit if the development proposal is adjacent to existing or proposed transit route; the requirements for transit facilities shall be based on: the location of other transit facilities in the area; and the size and type of the proposal. The following facilities may be required after City and Tri-Met review: bus stop shelters; turnouts for buses; and connecting paths to the shelters. NOTICE OF TYPE II DECISION SDR2001-00004/DALTON'S CATERING PAGE 18 OF 26 The site has frontage on SW Pfaffle. This section of SW Pfaffle is not part of a Tri-met transit route. Therefore, this standard does not apply. Provisions of the Underlying Zone: All of the provisions and regulations of the underlying zone shall apply unless modified by other sections or this title, e.g., Planned Developments, Chapter 18.350; or a variance or adjustment granted under Chapter 18.370. Dimensional Requirements: Provisions of the (C-P) Professional Commercial Zoning District have been addressed earlier in this decision under Section 18.520.040.B. FINDING: Based on the analysis above, the specific standards of the Site Development Review Section have been met. D. Street And Utility Improvements Standards (Section 18.810): Chapter 18.810 provides construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: Streets: Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. Minimum Rights-of-Way and Street Widths: Section 18.810.030(E) requires an arterial street to have a 90-foot right-of-way width and a five-lane paved section. Other improvements required may include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. This site lies adjacent to SW Pfaffle Street, which is classified as a minor collector on the City of Tigard Transportation Plan Map. At present, there is approximately 25 feet of ROW from centerline, according to the most recent tax assessor's map. The applicant should dedicate additional ROW to provide 30 feet from centerline. The applicant's materials show they will provide this dedication as a part of the project. SW Pfaffle Street is currently paved, but not fully improved to City standards. In order to mitigate the impact from this development, the applicant should construct a half-street improvement adjacent to this site. The applicants plans show they will provide this improvement, and the applicant has already submitted construction plans to the Engineering Department for a permit to construct these improvements. There is an issue with the proposed driveway access into this development. A driveway is shown that is only 12 feet wide. Table 18.705.3 requires a minimum paved width of 24 feet. The applicant will need to resolve this issue and show how they will provide a driveway to meet this code section. Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets. By constructing a half-street improvement adjacent to this site, the applicant will meet this criterion. NOTICE OF TYPE II DECISION SDR2001-00004/DALTON'S CATERING PAGE 19 OF 26 Sanitary Sewers: Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. Over-sizing: Section 18.810.090.0 states that proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. There is an existing 8-inch public sewer main located in SW Pfaffle Street. The existing structure is already served by this main line. No additional public sewer line work is necessary for this development. Storm Drainage: General Provisions: Section 18.810.100.A states requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). The topography of this site slopes to the north toward SW Pfaff le Street. Just behind the subject property (to the south) is a steep embankment down to Highway 217, thus there is virtually no upstream drainage to account for. The applicant's onsite storm drainage plan will collect any surface water that would impact this site and convey it to the public system in SW Pfaffle Street. Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). This project will result in a net increase of impervious area of approximately 3,941 square feet. CWS design standards provide that if the impervious area of a site is not increased over 5,000 square feet, then onsite detention is not required. Therefore, on-site detention is not required for this project. The on-site drainage system is shown to tie into the public storm drainage system in SW Pfaffle Street. This concept is acceptable. A new public storm line will be extended along with the new half-street improvements. Bikeways and Pedestrian Pathways: Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed bikeways identified on the City's adopted pedestrian/bikeway plan shall include provisions for the future extension of such bikeways through the dedication of easements or right-of-way. No bikeways are associated with this project. Therefore, this criterion does not apply. NOTICE OF TYPE II DECISION SDR2001-00004/DALTON'S CATERING PAGE 20 OF 26 Cost of Construction: Section 18.810.110.B states that development permits issued for planned unit developments, conditional use permits, subdivisions, and other developments which will principally benefit from such bikeways shall be conditioned to include the cost or construction of bikeway improvements. No bikeways are associated with this project. Therefore, this criterion does not apply. Minimum Width: Section 18.810.110.0 states that the minimum width for bikeways within the roadway is five feet per bicycle travel lane. Minimum width for two-way bikeways separated from the road is eight feet. No bikeways are associated with this project. Therefore, this criterion does not apply. Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: • The developer shall make all necessary arrangements with the serving utility to provide the underground services; • The City reserves the right to approve location of all surface mounted facilities; • All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and • Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a developer shall pay a fee in-lieu of under-grounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under-grounding the utilities outweighs the benefit of under- grounding in conjunction with the development. The determination shall be on a case- by-case basis. The most common, but not the only, such situation is a short frontage development for which under-grounding would result in the placement of additional poles, rather than the removal of above-ground utilities facilities. An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of under-grounding. There are existing overhead utility lines along the frontage of SW Pfaffle Street. The applicant has asked that the City Engineer review this criterion as to whether or not it is appropriate for this development. The value of the fee in-lieu of undergrounding in this case would be $2,750.00 (100 feet X $27.50). The applicant has proposed to construct half-street improvements to the roadway to comply with Section 18.810.030.A.1. The Planning Division has calculated the unmitigated impact of this development and found that the cost of the exactions exceeds the unmitigated impacts, but remains roughly proportional. To require the fee in-lieu of undergrounding on top of the ROW and street improvement costs would be excessive. Staff recommends the fee in-lieu of undergrounding be waived for this project. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Public Water System: This site is located in the Tualatin Valley Water District (TVWD) service area. The plans show that the applicant intends to adjust the existing meter for the site to serve the new building. Any approvals needed from TVWD shall be acquired prior to construction. NOTICE OF TYPE II DECISION SDR2001-00004/DALTON'S CATERING PAGE 21 OF 26 Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 00-7) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. The applicant has requested that the fee in-lieu of providing water quality facilities be approved for this project. The applicant's engineer states that the small size of the site would make an onsite facility impractical. Staff believes that alternatives exist that would enable the provision of storm water quality facilities on site, such as below ground treatment devices, like a catch basin unit by Stormwater Management. Prior to construction, the applicant shall investigate this potential solution and install such a unit, or demonstrate that such a solution would loe impractical. Grading and Erosion Control: CWS Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per CWS regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES) erosion control permit be issued for any development that will disturb five or more acres of land. Since this site is over five acres, the developer will be required to obtain an NPDES permit from the City prior to construction. This permit will be issued along with the site and/or building permit. A grading and erosion control plan must be submitted to the Building Division during the site permit review phase. The Building Division will review the onsite grading plan during the site permit review. A NPDES permit is not required, as the site is less than five acres in size. FINDING: Based on the above analysis, the Agency Concerns have not been fully addressed by the application materials. The water quality treatment standards can be satisfied through the use of numerous "small site" alternatives. The requested fee in-lieu is not supported by staff. CONDITION:Prior to construction, the applicant shall investigate alternatives such as below ground treatment devices, like a catch basin unit by Stormwater Management and install such a unit, or demonstrate that such a solution would be impractical. Address Assignments: The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard and within the Urban Service Boundary (USB). An addressing fee in the amount of $30.00 per address shall be assessed. This fee shall be paid to the City prior to issuance of a site permit. For this project, there is no additional addressing fee, as the existing address will be maintained. E. IMPACT STUDY (18.390) Section 18.360.090 states, "The Director shall make a finding with respect to each of the following criteria when approving, approving with conditions or denying an application:' NOTICE OF TYPE II DECISION SDR2001-00004/DALTON'S CATERING PAGE 22 OF 26 Section 18.390.040 states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standard, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with a requirement for public right-of-way dedication, or provide evidence that supports that the real property dedication is not roughly proportional to the projected impacts of the development. Section 18.390.040 states that when a condition of approval requires the transfer to the public of an interest in real property, the approval authority shall adopt findings which support the conclusion that the interest in real property to be transferred is roughly proportional to the impact the proposed development will have on the public. The applicant has provided an impact study addressing the project's impacts on public systems. The study notes that there will be no impacts to the park system, water system, sanitary sewer, or level of noise above what previously existed with the single family residence. Impacts to the drainage system are addressed in the storm water utility section of this decision. Impacts to traffic are mitigated through contributions to the Washington County Traffic Impact Fee (TIF) and required street improvements. The TIF is a mitigation measure that is required at the time of development and is assessed by the type and size of the use, and the level of expected daily trip generation. Based on a transportation impact study prepared by Mr. David Larson for the A-Boy Expansion/Dolan II/Resolution 95-61, TIF's are expected to recapture 32 percent of the traffic impact of new development on the Collector and Arterial Street system. The proposed catering use is 1,888 square feet and is considered a "specialty retail" with a weekday average trip rate of 40.68 trips. The rate per trip is assessed at $57 per trip. The previous use, a single family residence had a weekday average trip rate of 10 trips. This trip generation is deducted from the impact analysis as follows: TIF = 30.68 Trip Rate of 40.68-10) X 1.888 (Size in thousand gross square feet) X $57 (Rate per trip) = $3,302 Based on the estimate that total TIF fees cover 32 percent of the impact on major street improvements citywide, a fee that would cover 100 percent of this projects traffic impact is $10,318 ($3,302 divided by .32). The difference between the TIF paid, and the full impact, is considered the unmitigated impact on the street system. Less mitigated costs The on-site improvements are needed to allow the conversion of this residential property to a commercial use. Because the need for the internal improvements is created by the development, the impact of the development is directly proportional to the cost of constructing these improvements. Therefore, no proportionality analysis is needed for these on site improvements, and they are not factored into the mitigated costs. Off site improvements contribute to the overall functionality of the City transportation systems and any required off site improvement must be roughly proportional to the impact generated from the proposed development. The applicant has proposed to dedicate additional right-of-way and construct half-street improvements along SW Pfaffle Street since this is the frontage they are obtaining access from and is presently substandard. The cost of the improvements is expected to be $9,120 (760 square feet x $12 per square foot). Estimate of Unmitigated Impacts Full Impact 3,819=0.32= $10,318 Less TIF Assessment I.888tgsf x 40.68 trips x $57 per trip= $3,302 Less mitigated costs 760 s.f. $12/s.f=. $9,120 Estimate of Unmitigated Impacts -$2,104 NOTICE OF TYPE II DECISION SDR2001-00004/DALTON'S CATERING PAGE 23 OF 26 FINDING: Using the above cost factors, the cost of the imposed conditions exceed the estimated unmitigated impacts. However, the required exaction is not disproportionate to the impacts of the proposed development and is, therefore, justified. SECTION VII. OTHER STAFF COMMENTS The City of Tigard Operations Utility Manager has reviewed the proposal and has offered the following comments: • Piping between the existing and proposed catch basin shall be C-900 or D.I.P. due to lack of cover. Proposed catch basin to have a minimum of 18" sump. All private catch basins to be Lynch Type. • Sanitary connections to main line to use "insertatee" to main, not manhole. The City of Tigard Urban Forester has reviewed the proposal and has offered the following comments: Tree Protection: The developer shall provide methods for the protection of existing vegetation to remain during the construction process; and the plants to be saved shall be noted on the landscape plans (e.g., areas not to be disturbed can be fenced, as in snow fencing which can be placed around the individual trees). All tree protection devices shall be located on the Tree Protection Plan. Any tree that will not be removed onsite that is within the limits of disturbance of this project must be protected. Any tree that is located on property adjacent to the construction project that will have more than 20% of its root system disturbed by construction activities shall also be protected. Provide a construction sequence including installation and removal of tree protection devices, clearing, grading, or installation of sediment and erosion control measures, and other activities that may be required to implement the tree protection measures. Include in the notes on the final set of plans that equipment, vehicles, machinery, dumping or storage, or other construction activities, burial, burning, or other disposal of construction materials must not be located inside of any tree protection device or outside of the limits of disturbance where trees are being protected. No grading, filling or any other construction activity may occur within the tree protection devices at any time or outside of the limits of disturbance where trees are being protected unless approved by the City Forester. All tree protection devices shall be: visible, well anchored, approved in the field prior to clearing, grading, or the beginning of construction, and remain in place and maintained until all construction is completed and a final inspection is conducted. To determine the size of the tree protection zone, follow the guidelines listed below: • For individual trees follow the trunk diameter method. For every one-inch of diameter at breast height (DBH), or 4 1/2 feet above the ground, allow 9 inches of space from the trunk of the tree. For example, a tree that is 15" at DBH must have at least 12' of tree protection zone around the entire canopy of the tree. • For groups of trees the tree protection zone must be outside of the dripline of the trees on the edge of the stand. If there are conifers with narrow crowns on the edge of the stand follow the trunk diameter method or the dripline method, whichever is greater. NOTICE OF TYPE II DECISION SDR2001-00004/DALTON'S CATERING PAGE 24 OF 26 Tree Planting: All landscaping shall be installed according to accepted planting procedures. The plant material shall be of high grade, and shall meet the size and grading standards of the American Standards for Nursery Stock (ANSI Z-60, 1-1986, and any other future revisions). It is recommended that all tree planting follow the guidelines set forth by the International Society of Arboriculture's tree planting uidelines as well as the stand rds set forth in the American Institute of Architects' Architectural Graphic Standards, 10�h edition. In the Architectural Graphic Standards there are guidelines for selecting and planting trees based on the soil volume and size at maturity. Additionally, there are directions for soil amendments and modifications. I recommend that these guidelines be followed and adhered to at all times. In order to develop tree species diversity onsite it is recommended that the following guidelines be followed: • No more than 30% of any one family be planted onsite. • No more than 20% of any one genus be planted onsite. • No more than 10% of any one species be planted onsite. The City of Tigard Advanced Planning Division has reviewed the proposal and has no objection to it. The City of Tigard Police Department has reviewed the proposal and has no objections to it. The City of Tigard Building Division has reviewed the proposal and has offered the following comments: • Access, Hydrant and hydrant location to be approved by TVFR. SECTION VIII. AGENCY COMMENTS Washington County Department of Land Use and Transportation has reviewed the proposal and finds that the site is not adjacent to County maintained road sections and thus has no objections to it. Tualatin Valley Water District has reviewed the proposal and has no objections to it. Tualatin Valley Fire and Rescue has reviewed the applicant's submittal and provided the following comments: 1. A minimum of 2 fire hydrants shall be provided for this project. One hydrant is shown on the plans directly across from the building. One additional fire hydrant shall be located so that no portion of the structure is more than 500 feet from the hydrant. (UFC 903.4). 2. Fire hydrant locations shall be identified by the installation of reflective markers. The markers shall be blue. They shall be located adjacent and to the side of the centerline of the access roadway that the fire hydrant is located on. In case that there is no center line, then assume a centerline, and place the reflectors accordingly. (UFC Sec. 901.4.3) 3. A building survey and plans, in accordance with TVF&R Ordinance 99-01, Appendix III-F, shall be submitted. A copy of Appendix III-F, the building survey form and the instructions are available on the Fire District web site. To access this information via Internet, go to http://wwwtvfr.com/Departments/FireMarshal/new construction. (UFC Appendix III-F) NOTICE OF TYPE II DECISION SDR2001-00004/DALTON'S CATERING PAGE 25 OF 26 SECTION IX. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON NOVEMBER 1, 2001 AND BECOMES EFFECTIVE ON NOVEMBER 17, 2001 UNLESS AN APPEAL IS FILED. Appeal: The decision of the Director (Type II Procedure) or Review Authority (Type II Administrative Appeal or Type III Procedure) is final for purposes of appeal on the date that it is mailed. Any party with standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.6.2. of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the notice of the decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS AT 5:00 PM ON NOVEMBER 16, 2001. Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171. / � "� November 1, 2001 PREPARED : Morgan Tracy DATE Associate Planner K .- S;r4,Ur �- November 1 , 2001 APPROVED BY: Richard H. BeWers orff DATE Planning Manager is\curpin\morgan\workspace\sdr\sdr2001-00004(dalton)\sdr2001-00004 final decision.dot NOTICE OF TYPE II DECISION SDR2001-00004/DALTON'S CATERING PAGE 26 OF 26 F, CITY of TIGARD , SP UCE ST H GEOGRAPHIC INFORMATION SYSTEM \ I -f SPRUCE ST I w I I VICINITY MAP a \ , TH RN S > ST olliNil, SDR2001 -00004 co i gs TVE ism VAR200 I -0001 S IIIMIMMIll IN '' J �` ' NE DALTON S CATERING _ 1111 _ - Z 111. W th-- - - o SITE '-� l MI �b AN - ui > �� 4 :EPEE •. \ - ,\ ST ( ■ i W —{ I 0 a J as N r- r LOMITA 0 200 400 600 Feet 9 1"=401 feet N. 2� i'It ill 1111L 0111 City of Tigard Information on this map is for general location only and shoulo be verifrod with Me Development Services Division. 13125 SW Halt Blvd 411. . . Tipud,OR 97223;M . �- I ' (503)6391171 http://vevm.ci.tigerd.or.us Community Development Plot date:Aug 16,2001;C:lmagic'.MAGIC03.APR G CC r -� > • MOM 11.111 W J _ O1140.•ONA00.1.1■MIN .1.1.1.1•Y 1w1..YO. e -----•—•-----------------SW PFAFFLE STREET ------------------? a x .. 9..R..••-- .,,,,___ o t w .0.,1„..v.,o I/%/ /,L i i .O.n .Pu. /` T , 7yl _-_ --- , C ------- - maw Kum au •I • • a / .R~ 9:, ..,...o�.. 1111. 14 11. 1111.1 WV=AWNC'y ' l''.."'4'''''' 1:1 lalea4C1 0.17.0 N� \ o �� i lit Z 1 ) Ea . i ,•. ; }. 1...�}1111-�l 1111. . ..... , it N• ��"J i 4 s 4.1._ \ � D 1, ..> D CITY OF TIGARD t SDR2001-00004NAR2001.00015 CITY Of TIGARD SITE PLAN N DALTON'S CATERING (Map is not to scale) . EXHIBIT David Dalton SDR2001-00004/VAR2001-00015 8530 SW Pfaffle Street DALTON'S CATERING Tigard, OR 97223-8497 James Andrews Nicoli Engineering PO Box 23784 Tigard, OR 97281 AFFIDAVIT OF MAILING CITY OFTIGARD Community(Development Shaping Better Community 1, Patricia L. Gunsford, being first duly sworn/affirm, on oath depose and say that I am a Senior Administrative Specialist for the City of'Tigard;Washington County, Oregon and that I served the following: (Check Appropnate Box(s)Below) © NOTICE OF DECISION FOR: SDR2001-00004/VAR2001-00015 — DALTON'S CATERING ❑ AMENDED NOTICE (rile No/Name Reference) ® City of Tigard Planning Director A copy of the said notice being hereto attached, marked Exhibit"A",and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit"B", and by reference made a part hereof, on November 1,2001, and deposited in the United States Mail on November 1,2001, postage prepaid. . ' <,--. 4 . : .G 1TeL (Person that Prepared Notice) Sra/e.E. OAF oEGoN ) County of Washington )ss. City of Tward ) 't Subscribed and sworn/affirmed before me on the 7 day of ��/ , 2001. 2r. OFFICIAL SEAL - �, DIANE M JELDERKS , `•'':� NOTARY PUBLIC-OREGON , "' COMMISSION NO.326578 MY COMMISSION EXPIRES SEPT.07,2003 )11 /// NOTA YPUBLI OFO' My Commission Ex, es. V/7/0 EXHIBIT A NOTICE OF TYPE II DECISION SITE DEVELOPMENT REVIEW (SDR) 2001-00004 '`i'�� CITY OF TIGARD ADJUSTMENT (VAR) 2001-00015 Community'Deve(opment ShapingA Better Community DALTON'S CATERING 120 DAYS = 12/13/2001 SECTION I. APPLICATION SUMMARY FILE NAME: DALTON'S CATERING CASE NOS.: Site Development Review (SDR) SDR2001-00004 Adjustment (VAR) VAR2001-00015 PROPOSAL: The applicant is requesting Site Development Review approval of a catering business and approval of an access and egress adjustment to allow the existing 15-foot driveway to be utilized, rather than the 30-foot width required by Tigard Development Code (TDC) Section 18.705.030(1). APPLICANT\ David Dalton APPLICANT'S James Andrews OWNER: 8530 SW Pfaffle Street REP: Nicoli Engineering Tigard, OR 97223-8497 PO Box 23784 Tigard, OR 97281 LOCATION: 8530 SW Pfaffle Street; WCTM 1S135DA, Tax Lot 1000. The subject site is located between Highway 217 and SW Pfaffle Street, east of SW Hall Boulevard. ZONE: C-P: Professional/Administrative Commercial District. The C-P zoning district is designed to accommodate civic and business/professional services and compatible support services, e.g., convenience retail and personal services, restaurants, in close proximity to residential areas and major transportation facilities. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.370, 18.390, 18.520, 18.705, 18.725, 18.745, 18.755, 18.765, 18.780, 18.790, 18.795 and 18.810. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in the full decision, available at City Hall. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. All documents and applicable criteria in the above-noted file are available for inspection at no cost or copies can be obtained for twenty-five cents (250 per page, or the current rate charged for copies at the time of the request. SECTION III. PROCEDURE AND APPEAL INFORMATION Notice: Notice mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON NOVEMBER 1, 2001 AND BECOMES EFFECTIVE ON NOVEMBER 17, 2001 UNLESS AN APPEAL IS FILED. AApe, al: The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1 may appeal this decision in accordance with Section 18.390.040.G.2 of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM NOVEMBER 16, 2001. Questions: For further information please contact the Planning Division Staff Planner, Morgan Tracy at (503) 639-4171, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. -MIME LI mom , aAo IJ dr VICINITY MAP . ■\ 1111 t 211./L,1111.11I IMINAI �� -"r r ! ,.i b sin SDR2001-00004 p - YAR2001-00015 ii m■■■■■■i y`'� ��� Cam ��.=• DALTON'S CATERING wan AIM mug E \ i 1_ ..• ..�mi. �, .,, a SITE liar=,�■:MI ice' VI 1��l 11. Eli IIII■iE i i , • _ ST 0 TI: :r . , -r 011 MINI i NI.1 :11111 . 45 ..kwA ■101., 1 4‘;kk c,,yofT,- ___ .0_ .......___ _ _ ........ -- __...."--- 1 ....:_,....- : , 1 I t.-._._._._._�----- SW PFAFFLE STREET --._._._—._-._.1. i x _ _ - - .J n1rIi =I uu.. Ww -PPAIM�[NIStF e2,,,,, - -'----'-� I- .=Sc �l I _a_____ For ......= 1 _..... i N _ ++ /� \\E . . : v I �� 1 II ...., U U 'sit . CITY OF TIGARD T SDR20DA00004N 82001.0015 SITE PLAN N (Map is not to scale EXHIPIT 3 1S135DA-02 02 1S135DA-01400 ALANDER BONNIE R/NORMAN E BRAHMA PREMANANDA ASHRAM PO BOX 2619 11515 SW HALL BLVD WHITE CITY,OR 97503 TIGARD,OR 97223 135DA-02200 1 S 135DA-01700 ALA ER B IE R/NORMAN E BRAZIL CLARENCE E&MARY JEAN PO B 9 PO BOX 23064 ITE CITY, 97503 TIGARD,OR 97281 1 S 136CC-00301 1350A-0161) ANDREWS MANAGEMENT LIMITED BR• - • ARENCE E&MARY JEAN 11336 SW BULL MOUNTAIN RD#103 PO ?•X 2 :.4 TIGARD,OR 97224 GARD,OR 9 81 } 36CC-00200 1S135DA-00700 AND MANAGEMENT LTD BROSSIA PAUL F AND 1133. .. L MOUNTAIN RD#103 GRAHAM DON G ARD,OR 9 -24 300 4TH ST LAKE OSWEGO,OR 97034 } 136CC-02200 1S135DA-01900 AND' W I ANAGEMENT LTD BROWN MARGARET ANN 113 : LL MOUNTAIN RD#103 19065 SW JOHNSON AVE •GARD,OR 9 24 ALOHA,OR 97006 1S1 36C B-03000 135DA-02000., BADON JACQUELINE& BRO •• •••GARET ANN GUERIN PATRICE& 190•" S •HNSON AVE do MICHAELSON DAVID T LIFE ESTATE A OHA,OR 9 .06 11295 SW 83RD AVE TIGARD,OR 97223 1S136CB-00890 1.135DA-0210$ BECKHAM PAUL D AND DEBORAH R BRO■ •RGARET ANN 8485 SW PFAFFLE 190.• S ' OHNSON AVE TIGARD,OR 97223 • OHA,OR • 006 1 S 135DA-00400 1 S 135DD-01600 BERGMANN KENNETH&DONNA CACH GERALD C AND JOAN L 10726 SW 63RD 12525 SW MAIN PORTLAND,OR 97219 TIGARD,OR 97223 1 S 135DA-00300 1 S 135D D-00100 BERGMANN KENNETH L AND CHRISTIE LACEY TRUSTEE DONNA J 22020 SW AEBISHER RD 10726 SW 63RD PLACE SHERWOOD,OR 97140 PORTLAND,OR 97219 1 S 136CB-03100 1 S 136CB-02900 BORST EDWARD P/CATHERINE E& COCHELLE RICHARD W&JANET Y BORST MICHAEL E 8355 SW PFAFFLE ST 11265 SW 83RD AVE TIGARD,OR 97223 TIGARD,OR 97223 1 S 135DA-01260 1 S 135DA-01401 DALTON DAVID L KINDER-CARE LEARNING CNTRS INC 8530 SW PFAFFLE RD REAL ESTATE TAX COMPLIANCE TIGARD,OR 97223 BEXAR SAVINGS TOWER 1777 NE LOOP 410#1250 SAN ANTONIO,TX 78217 135DA-01000 1 S 135DA-01801 DAL c• VID L L N PROPERTIES LLC 8531 : • •FFLE RD 11481 SW HALL BLVD STE 100 ARD, OR • 223 TIGARD,OR 97223 1 S 136 C B-03200 1 S 136CC-00400 DANIELSON ROBIN& MCGUIRE ROBERT J& DANIELSON ROBERT G MCGUIRE THOMAS P& 11235 SW 83RD MCGUIRE WILLIAM A TIGARD,OR 97223 8470 SW PFAFFLE ST TIGARD,OR 97223 1 S 136C B-01000 1s-1350A-0150o ESLINGER BUILDERS OREGON DEPT OF TRANSPORTATION 11575 SW PACIFIC HWY RNV PROPERTY MANAGEMENT UNIT TIGARD,OR 97223 355 CAPITAL ST NE RM 411 SALEM,OR 97301 1 S 136C B-00700 1 S 135D D-01800 GRAHAM DON G AND PANG KEIKO TR BROSSIA PAUL F 46-442 HOLOLIO ST 11260 SW HALL BLVD KANEOHE,HI 96744 TIGARD,OR 97223 S 135DA-00500 1 S 135DA-01100 G• •HAM DO. G AND SCHAEFFER DONALD M BRO : '•AUL F MUNCH MICHAEL T 1126' ••LL BLVD PO BOX 23697 T ARD,OR •7223 TIGARD,OR 97281 1S136C8-00900 GROSHART JAY ROBERT AND BETTY R 8465 SW PFAFFLE TIGARD,OR 97223 1 S 136CC-00300 HERBERHOLZ PAUL A&ANNA 8400 SW PFAFFLE ST TIGARD,OR 97223 1S135DA-01300 HOLMES SAMUEL M/JANET M 12215 SW 33RD AVE PORTLAND,OR 97219 135DD-0161 HO AMUEL M/JANET M 12 ' S ' 3RD AVE • RTLAND, :R 97219 Naomi Gallucci 11285 SW 78th Avenue Tigard, OR 97223 Sue Rorman 11250 SW 82nd Avenue Tigard, OR 97223 John Snyder 11100 SW 82nd Avenue Tigard, OR 97223 Michael Trigoboff 7072 SW Barbara Lane Tigard, OR 97223 Ellen Beilstein 14630 SW 139th Avenue Tigard, OR 97224 Jim Petersen 10815 SW 74th Avenue Tigard, OR 97223 Dieter Jacobs 7775 SW Spruce Street Tigard, OR 97223 Alexander Craghead 12205 SW Hall Boulevard Tigard, OR 97223 Jack Biethan 11023 SW Summerfield Drive, #4 Tigard, OR 97224 CITY OF TIGARD - EAST CIT SUBCOMMITTEE (i:\curpin\setup\labels\CIT East.doc) UPDATED: August 17, 2001 :A AFFIDAVIT OF MAILING 'O CITY OF TIGARD Community(Development Shaping Better Community I, cPatricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am a Senior Administrative Specialist for the City of Tigard Washington County, Oregon and that I served the following: (Check Appropriate Box(s)Below) © NOTICE OF PENDING LAND USE APPLICATION FOR: SDR2000I-00004/VAR2001-00015 — DALTON'S CATERING ❑ AMENDED NOTICE (File No./Name Reference) Z City of Tigard Planning Director A copy of the said notice being hereto attached, marked molt"A", and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked WHIR"B", and by reference made a part hereof, on August 11,2001, and deposited in the United States Mail on August 11,2001, postage prepaid. ( ,74,4ezet.' # .,-, :(Person that repared No ce) STAcIL, off'oEccON- ) County off Washington )ss. City of 2tgard ) Subscribed and sworn/affirmed before me on the CX day of , 2001. =7' OFFICIAL SEAL r."3 -' ► .j DIANE M JELDErRKc NOTARY PUkiLiC ORL(;ON ii.MY COMMISSION COMMISSION F(PIRE 3 � , S SEPT.07,200,,3 LI ;LI CO I ' GI My Commission I- 's: ,/,/,3 EXHIBIT A NOTICE TO MORTGAGEE, LIENHOLDER,VENDOR OR SELLER: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE,IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. NOTICE OF PENDING LAND USE APPLICATION Ai SITE DEVELOPMENT REVIEW CITTa �� Y OF TIGARD Community cDeveCapment SkapingA Better Community DATE OF NOTICE: August 17, 2001 FILE NUMBERS: SITE DEVELOPMENT REVIEW (SDR) 2001-00004 ADJUSTMENT (VAR) 2001-00015 FILE NAME: DALTON'S CATERING PROPOSAL: The applicant is requesting Site Development Review approval for a catering business, and approval of an access and egress Adjustment to allow for a smaller driveway than what is required by the Tigard Development Code. ZONE: C-P: Professional/Administrative Commercial District. The C-P zoning district is designed to accommodate civic and business/professional services and compatible support services, e.g., convenience retail and personal services, restaurants, in close proximity to residential areas and major transportation facilities. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.370, 18.390, 18.520, 18.705, 18.725, 18.745, 18.755, 18.765, 18.790, 18.795 and 18.810. LOCATION: 8530 SW Pfaffle Street; WCTM 1S135DA, Tax Lot 1000. The site is located between Highway 217 and SW Pfaffle Street, east of SW Hall Boulevard. YOUR RIGHT TO PROVIDE WRITTEN COMMENTS: Prior to the City making any decision on the Application, you are hereby provided a fourteen (14) day period to submit written comments on the application to the City. THE FOURTEEN (14) DAY PERIOD ENDS AT 5:00 PM ON AUGUST 31, 2001. All comments should be directed to Brad Kilby, Associate Planner in the Planning Division at the City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223. You may reach the City of Tigard by telephone at (503) 639-4171. ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION MAKING PROCESS THE CITY OF TIGARD APPRECIATES RECEIVING COMMENTS AND VALUES YOUR INPUT. COMMENTS WILL BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION. A DECISION ON THIS ISSUE IS TENTATIVELY SCHEDULED FOR OCTOBER 1, 2001. IF YOU PROVIDE COMMENTS, YOU WILL BE SENT A COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED. WRITTEN COMMENTS WILL BECOME A PART OF THE PERMANENT PUBLIC RECORD AND SHALL CONTAIN THE FOLLOWING INFORMATION: ♦ Address the specific "Applicable Review Criteria" described in the section above or any other criteria believed to be applicable to this proposal; • Raise any issues and/or concerns believed to be important with sufficient evidence to allow the City to provide a response; • Comments that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant approval criteria with sufficient specificity on that issue. Failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Specific findings directed at the relevant approval criteria are what constitute relevant evidence. AFTER THE 14 DAY COMMENT PERIOD CLOSES, THE DIRECTOR SHALL ISSUE A TYPE II ADMINISTRATIVE DECISION. THE DIRECTOR'S DECISION SHALL BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN 500 FEET OF THE SUBJECT SITE, AND TO ANYONE ELSE WHO SUBMITTED WRITTEN COMMENTS OR WHO IS OTHERWISE ENTITLED TO NOTICE. THE DIRECTOR'S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA. BASED UPON THE CRITERIA AND THE FACTS CONTAINED WITHIN THE RECORD, THE DIRECTOR SHALL APPROVE, APPROVE WITH CONDITIONS OR DENY THE REQUESTED PERMIT OR ACTION. SUMMARY OF THE DECISION-MAKING PROCESS: ♦ The application is accepted by the City ♦ Notice is sent to property owners of record within 500 feet of the proposed development area allowing a 14-day written comment period. ♦ The application is reviewed by City Staff and affected agencies. ♦ City Staff issues a written decision. ♦ Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site; all owners of record of property located within 500 feet of the site, as shown on the most recent property tax assessment roll; any City-recognized neighborhood group whose boundaries include the site; and any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or anyone who is otherwise entitled to such notice. INFORMATION/EVIDENCE AVAILABLE FOR REVIEW: The application, written comments and supporting documents relied upon by the Director to make this decision are contained within the record and are available for public review at the City of Tigard Community Development Department. Copies of these items may be obtained at a cost of $.25 per page or the current rate charged for this service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of this Notice under the section titled "Your Right to Provide Written Comments." 1 I -‘ 'try of TIGARD L I U di - --" VICINITY MAP I 1111 ��I/�����/� s, p mi�l iu 111. SDR200I 00004 $ I g/ fit�� NE mum' =: VAR2001 00015 Y 2, = =EN im� == � DALTON S CATERING !, Nom IIH= I! Abb. pa ■ 'l• I1. ii ME — • • • IdARA a rn .m .. 1E _ Ciry of +wWM ���IwO�r �Mw Mao YMMW lr4 CO Ak tit. .4111k . EXHI 1 S 135DA-02202 1 S 135DA-01400 ALANDER BONNIE R/NORMAN E BRAHMA PREMANANDA ASHRAM PO BOX 2619 11515 SW HALL BLVD WHITE CITY,OR 97503 TIGARD,OR 97223 135DA-02200 1 S135DA-01700 ALA ER B IE R/NORMAN E BRAZIL CLARENCE E&MARY JEAN PO B 9 PO BOX 23064 ITE CITY, 97503 TIGARD,OR 97281 1S136CC-00301 -135DA-01613 ANDREWS MANAGEMENT LIMITED BR• ' ARENCE E&MARY JEAN 11336 SW BULL MOUNTAIN RD#103 PO '•X 2 :.4 TIGARD,OR 97224 GARD,OR 9 81 I 36CC-00200 1S135DA-00700 AND MANAGEMENT LTD BROSSIA PAUL F AND 1133. : L MOUNTAIN RD#103 GRAHAM DON G ARD,OR 9 '24 300 4TH ST LAKE OSWEGO,OR 97034 136C C-02200 1 S 135DA-01900 AND' W ANAGEMENT LTD BROWN MARGARET ANN 113 : LL MOUNTAIN RD#103 19065 SW JOHNSON AVE •GARD,OR 9 24 ALOHA,OR 97006 1 S 136CB-03000 135DA-02000. BADON JACQUELINE& BRO ,• •••'GARET ANN GUERIN PATRICE& 190. S •HNSON AVE Go MICHAELSON DAVID T LIFE ESTATE A OHA,OR 9 :06 11295 SW 83RD AVE TIGARD,OR 97223 1 S 136CB-00890 1 135DA-02101 BECKHAM PAUL D AND DEBORAH R BRO• • •RGARET ANN 8485 SW PFAFFLE 190.. S • OHNSON AVE TIGARD,OR 97223 • OHA,OR • 006 1 S 135DA-00400 1S1 35DD-01600 BERGMANN KENNETH&DONNA CACH GERALD C AND JOAN L 10726 SW 63RD 12525 SW MAIN PORTLAND,OR 97219 TIGARD,OR 97223 1 S 135DA-00300 1 S 135 D D-00100 BERGMANN KENNETH L AND CHRISTIE LACEY TRUSTEE DONNA J 22020 SW AEBISHER RD 10726 SW 63RD PLACE SHERWOOD,OR 97140 PORTLAND,OR 97219 1S 136CB-03100 1 S 136CB-02900 BORST EDWARD P/CATHERINE E& COCHELLE RICHARD W&JANET Y BORST MICHAEL E 8355 SW PFAFFLE ST 11265 SW 83RD AVE TIGARD,OR 97223 TIGARD,OR 97223 Naomi Gallucci 11285 SW 78th Avenue Tigard, OR 97223 Sue Rorman 11250 SW 82nd Avenue Tigard, OR 97223 John Snyder 11100 SW 82nd Avenue Tigard, OR 97223 Michael Trigoboff 7072 SW Barbara Lane Tigard, OR 97223 Ellen Beilstein 14630 SW 139th Avenue Tigard, OR 97224 Jim Petersen 10815 SW 74th Avenue Tigard, OR 97223 Dieter Jacobs 7775 SW Spruce Street Tigard, OR 97223 Alexander Crag head 12205 SW Hall Boulevard Tigard, OR 97223 Jack Biethan 11023 SW Summerfield Drive, #4 Tigard, OR 97224 CITY OF TIGARD - EAST (IT SUBCOMMITTEE (i:\curpin\setup\labels\CIT East.doc) UPDATED: August 17, 2001 1 S135DA-012b0 1S135DA-01401 DALTON DAVID L KINDER-CARE LEARNING CNTRS INC 8530 SW PFAFFLE RD REAL ESTATE TAX COMPLIANCE TIGARD,OR 97223 BEXAR SAVINGS TOWER • 1777 NE LOOP 410#1250 SAN ANTONIO,TX 78217 135DA-0100 s 1 S 135DA-01801 DAL ►• ,•VID L L N PROPERTIES LLC 8531 . • •FFLE RD 11481 SW HALL BLVD STE 100 ARD,OR • 223 TIGARD,OR 97223 1 S136CB-03200 1 S 136CC-00400 DANIELSON ROBIN& MCGUIRE ROBERT J& DANIELSON ROBERT G MCGUIRE THOMAS P& 11235 SW 83RD MCGUIRE WILLIAM A TIGARD,OR 97223 8470 SW PFAFFLE ST TIGARD,OR 97223 1 S 136CB-01000 1 S 135DA-01500 ESLINGER BUILDERS OREGON DEPT OF TRANSPORTATION 11575 SW PACIFIC HWY R/W PROPERTY MANAGEMENT UNIT TIGARD,OR 97223 355 CAPITAL ST NE RM 411 SALEM,OR 97301 1 S 136CB-00700 1 S 135DD-01800 GRAHAM DON G AND PANG KEIKO TR BROSSIA PAUL F 46-442 HOLOLIO ST 11260 SW HALL BLVD KANEOHE,HI 96744 TIGARD,OR 97223 S 135DA-00500 1 S135DA-01100 G'.'HAM DO, G AND SCHAEFFER DONALD M BRO 'AUL F MUNCH MICHAEL T 112.0 •LL BLVD PO BOX 23697 ARD,OR •7223 TIGARD,OR 97281 1 S 136CB-00900 GROSHART JAY ROBERT AND DAVID DALTON BETTY R 17930 SW MCEWAN ROAD 8465 SW PFAFFLE TIGARD OR 97224 TIGARD,OR 97223 1s136cc-003oo JAMES ANDREWS HERBERHOLZ PAUL A&ANNA NICOLI ENGINEERING 8400 SW PFAFFLE ST PO BOX 23784 TIGARD,OR 97223 TIGARD OR 97281 1 S 135DA-01300 HOLMES SAMUEL M/JANET M 12215 SW 33RD AVE PORTLAND,OR 97219 135DD-0161 HO AMUEL M/JANET M 12 S • 3RD AVE • RTLAND, :R 97219 CITY OF TIGARD A G Ro 13125 S.W. Hall Blvd. AUG I voi 2-- I .3 4 Tigard,Oregon 97223 -s;1;,:,". 0 R 8359996 'Ls.POSTAGE Dave Dalton 17930 SW McCewan Rd. Tigard, OR 9'""" IJMLIy.SO* Y/crY-!C13.G) ;.:.,OV 1/ 08/1//01 rt 4WMRiJ TIME EX0 RAN 'T 0 SEND DALTON'DAVID L 8530 SW PFAFFLE ST TIGARD OR 97223-8497 RETURN TO SENDER .Y .1+.7A1S.= IldnisnllddulllAi,ll uili.f,l didimi WI 03 C\I CITY of I • • • OD GEOGRAPHIC INFORMATION SYSTEM STEVE , AREA NOTIFIED (500') ( . ( ) fe,asasews > FOR: SDR2001-00004 Q "'"" RE: Updated Mailing list ra a 0 salesanta CO Z °"°' r 1111811011•111811 N 00< Property owner information 0 is valid for 3 months from the date printed on this map. • >lemrars• tssssssssss atnssr sasessasl teanssess •FAFFLE 1 ( N. solemnise ossessioss I� `141 .asss.sss �"i ,aseasas 1$1351111115/1/ A m115susss N W 1$1$w11111$n > 1111111111111111111 0 100 200 300 Feet 1"=241 feet sY1111a111$1111 I swam _ r- I. City of Tigard Information on this map is for general location only and should be verified with the Development Services Division. 13125 SW Hall Blvd Tigard,OR 97223 (503)639-4171 http://www.atigard.or.us Community Development Plot date:Aug 17,2001;C:lmagic\MAGIC03.APR 1 S 135DA-02202 1 S 135DA-01400 ALANDER BONNIE R/NORMAN E BRAHMA PREMANANDA ASHRAM PO BOX 2619 11515 SW HALL BLVD WHITE CITY,OR 97503 TIGARD,OR 97223 135DA-02200 1 S 135DA-01700 ALA ER B IE R/NORMAN E BRAZIL CLARENCE E&MARY JEAN PO B 9 PO BOX 23064 ITE CITY, 97503 TIGARD,OR 97281 1 S 136CC-00301 -135DA-0161 o ANDREWS MANAGEMENT LIMITED BR• - ► •RENCE E&MARY JEAN 11336 SW BULL MOUNTAIN RD#103 PO •X 2 :.4 TIGARD, OR 97224 GARD,OR 9 81 1 36CC-00200 1S135DA-00700 AND & MANAGEMENT LTD BROSSIA PAUL F AND 1133. .. L MOUNTAIN RD#103 GRAHAM DON G ARD, OR 9 '24 300 4TH ST LAKE OSWEGO,OR 97034 1 136CC-02200 1S135DA-01900 AN•' W "ANAGEMENT LTD BROWN MARGARET ANN 113 LL MOUNTAIN RD#103 19065 SW JOHNSON AVE GARD,OR 9 24 ALOHA,OR 97006 1 S 136CB-03000 135DA-02000 BADON JACQUELINE& BRO •• 1••-GARET ANN GUERIN PATRICE& 190• S •HNSON AVE do MICHAELSON DAVID T LIFE ESTATE A OHA,OR 9 .06 11295 SW 83RD AVE TIGARD,OR 97223 15136C8-00890 1.135DA-0210' BECKHAM PAUL D AND DEBORAH R BRO' ARGARET ANN 8485 SW PFAFFLE 190.. S OHNSON AVE TIGARD, OR 97223 • OHA,OR • 006 1 S 135DA-00400 1 S 135D D-01600 BERGMANN KENNETH&DONNA CACH GERALD C AND JOAN L 10726 SW 63RD 12525 SW MAIN PORTLAND,OR 97219 TIGARD,OR 97223 1 S 135DA-00300 1 S 135D D-00100 BERGMANN KENNETH L AND CHRISTIE LACEY TRUSTEE DONNA J 22020 SW AEBISHER RD 10726 SW 63RD PLACE SHERWOOD,OR 97140 PORTLAND,OR 97219 1 S 136CB-03100 1 S 136CB-02900 BORST EDWARD P/CATHERINE E& COCHELLE RICHARD W&JANET Y BORST MICHAEL E 8355 SW PFAFFLE ST 11265 SW 83RD AVE TIGARD,OR 97223 TIGARD,OR 97223 1 S 135DA-01200 1 S 135DA-01401 DALTON DAVID L KINDER-CARE LEARNING CNTRS INC 8530 SW PFAFFLE RD REAL ESTATE TAX COMPLIANCE TIGARD,OR 97223 BEXAR SAVINGS TOWER 1777 NE LOOP 410#1250 SAN ANTONIO,TX 78217 135DA-01001 1 S 135DA-01801 DAL ►• 5•VID L L N PROPERTIES LLC 8531 : •• •FFLE RD 11481 SW HALL BLVD STE 100 ARD,OR • 223 TIGARD,OR 97223 1 S 136C B-03200 1 S 136CC-00400 DANIELSON ROBIN& MCGUIRE ROBERT J& DANIELSON ROBERT G MCGUIRE THOMAS P& 11235 SW 83RD MCGUIRE WILLIAM A TIGARD,OR 97223 8470 SW PFAFFLE ST TIGARD,OR 97223 1 S 136CB-01000 1 S 135DA-01500 ESLINGER BUILDERS OREGON DEPT OF TRANSPORTATION 11575 SW PACIFIC HWY R/W PROPERTY MANAGEMENT UNIT TIGARD,OR 97223 355 CAPITAL ST NE RM 411 SALEM,OR 97301 1 S 136C B-00700 1 S 135D D-01800 GRAHAM DON G AND PANG KEIKO TR BROSSIA PAUL F 46-442 HOLOLIO ST 11260 SW HALL BLVD KANEOHE, HI 96744 TIGARD,OR 97223 1 S 135DA-00500 1 S 135 DA-01100 G' •HAM DO G AND SCHAEFFER DONALD M BRO : 'AUL F MUNCH MICHAEL T 11260 •LL BLVD PO BOX 23697 T ARD,OR '7223 TIGARD,OR 97281 1 S 136CB-00900 GROSHART JAY ROBERT AND BETTY R 8465 SW PFAFFLE TIGARD,OR 97223 1S136CC-00300 HERBERHOLZ PAUL A&ANNA 8400 SW PFAFFLE ST TIGARD, OR 97223 1S135DA-01300 HOLMES SAMUEL M/JANET M 12215 SW 33RD AVE PORTLAND,OR 97219 135DD-0161 HO AMUEL M/JANET M 12 ' S ' 3RD AVE •WRTLAND, :R 97219 Naomi Gallucci 11285 SW 78th Avenue Tigard, OR 97223 Sue Rorman 11250 SW 82nd Avenue Tigard, OR 97223 John Snyder 11100 SW 82nd Avenue Tigard, OR 97223 Michael Trigoboff 7072 SW Barbara Lane Tigard, OR 97223 Ellen Beilstein 14630 SW 139th Avenue Tigard, OR 97224 Jim Petersen 10815 SW 74th Avenue Tigard, OR 97223 Dieter Jacobs 7775 SW Spruce Street Tigard, OR 97223 Alexander Craghead 12205 SW Hall Boulevard Tigard, OR 97223 Jack Biethan 11023 SW Summerfield Drive, #4 Tigard, OR 97224 CITY OF TIGARD - EAST CIT SUBCOMMITTEE (i:\curpin\setup\labels\CIT East.doc) UPDATED: August 17, 2001 00 J ` CITY of TIGARD STEVEGEOGRAPHIC INFORMATION SYSTEM I •. 1 ' AREA NOTIFIED (500') , / l — / FOR: Jim or Heather/Nicoli En g. 9 10136ce00710 I RE: 1S135DA, 01000 ,$05001/386 > 8530 SW Pfaffle Street Q 111135111102202 15135•00500 ---75 _ 151 Cr 0 CO - 10131151100200 CO Z 1517511002100 r co N l _1 101700000700 131705101000 1013113003100 CO Property owner information V 1017 9 00 0 1 000 is valid for 3 months from the date printed on this map. 1118/151006 1118081001110 131906005000 38C181011 1111363e02810 N. AFFLE —� 1 •5000 `���iii]]],,,�`1i I•,5000 1 `t' 131700000700 \ mil, 15176CCOW00 C � 131750001100 1513 1`1200 SUBJECT SIT$ 131350001600 131303000200 181180000301 151350001500 • 181030000000 N 13 350001 .0 w 13175•01101 131350001001 0 100 200 300 Feet Q 1"•241 feet 181383302200 • 13 350001000 1 1313500018,•• > .411, 1$17500•115 City of Tigard —9— 101. Information on this map is for general location only and • should be verified vith the Development Services Division. 13125 SW Hall Blvd rd, 9721 (5031 639-417 http TigaOR 1110010.c i.liga rd.23 or.u s Community Development Plot date:Apr 20,2001;C:lmagic\MAGIC03.APR 1 S135DA-02202 1S135DA-01400 ALANDER BONNIE R/NORMAN E BRAHMA PREMANANDA ASHRAM PO BOX 2619 11515 SW HALL BLVD WHITE CITY,OR 97503 TIGARD,OR 97223 1S135DA-0 0 1S135DA-01600 ALA BONNIE R/NORMAN E BRAZIL CLARENCE E&MARY JEAN PO B 2619 PO BOX 23064 W E CITY,OR 97503 TIGARD,OR 97281 1 S 136CC-00301 1S1 5DA-01 00 ANDREWS MANAGEMENT LIMITED B RENCE E&MARY JEAN 11336 SW BULL MOUNTAIN RD#103 PO 23064 TIGARD,OR 97224 T ARD, 97281 1S136CC-00200 1S135DA-00700 ANDREWS MANAGEMENT LTD BROSSIA PAUL F AND 11336 SW BULL MOUNTAIN RD#103 GRAHAM DON G TIGARD,OR 97224 300 4TH ST LAKE OSWEGO,OR 97034 1 S 136CC-02200 1 S 135DA-02100 AND MANAGEMENT LTD BROWN MARGARET ANN 11336 ULL MOUNTAIN RD#103 19065 SW JOHNSON AVE TIG D,OR 97224 ALOHA,OR 97006 1 S 136CB-03000 1S 135D -02000 BADON JACQUELINE& BROW GARET ANN GUERIN PATRICE& 19065 NSON AVE do MICHAELSON DAVID T LIFE ESTATE ALO ,OR 9 006 11295 SW 83RD AVE TIGARD,OR 97223 1 S 136CB-00890 1 S 135DA-01900 BECKHAM PAUL D AND DEBORAH R BROV RGARET ANN 8485 SW PFAFFLE 19065 OHNSON AVE TIGARD,OR 97223 ALOH OR 97006 1 S 135DA-00400 1S135DD-01600 BERGMANN KENNETH&DONNA CACH GERALD C AND JOAN L 10726 SW 63RD 12525 SW MAIN PORTLAND,OR 97219 TIGARD,OR 97223 1 S 135DA-00300 1S 13500-00100 BERGMANN KENNETH L AND CHRISTIE LACEY TRUSTEE DONNA J 22020 SW AEBISHER RD 10726 SW 63RD PLACE SHERWOOD,OR 97140 PORTLAND,OR 97219 1 S 136CB-03100 1 S 136CB-02900 BORST EDWARD P/CATHERINE E& COCHELLE RICHARD W&JANET Y BORST MICHAEL E 8355 SW PFAFFLE ST 11265 SW 83RD AVE TIGARD,OR 97223 TIGARD,OR 97223 • 1 S 135DA-01 200 1 S 135DA-01401 DALTON DAVID L KINDER-CARE LEARNING CNTRS INC 8530 SW PFAFFLE RD REAL ESTATE TAX COMPLIANCE TIGARD,OR 97223 BEXAR SAVINGS TOWER 1777 NE LOOP 410#1250 SAN ANTONIO,TX 78217 1 S 135DA-01000 1 S 135DA-01801 DAL AVID L L N PROPERTIES LLC 8530 PFAFFLE RD 11481 SW HALL BLVD STE 100 TIGA D, 97223 TIGARD,OR 97223 1 S 136CB-03200 1S 136CC-00400 DANIELSON ROBIN& MCGUIRE ROBERT J& DANIELSON ROBERT G MCGUIRE THOMAS P& 11235 SW 83RD MCGUIRE WILLIAM A TIGARD,OR 97223 8470 SW PFAFFLE ST TIGARD,OR 97223 1S13603-01000 1 S 135DA-01500 ESLINGER BUILDERS OREGON DEPT OF TRANSPORTATION 11575 SW PACIFIC HWY R/W PROPERTY MANAGEMENT UNIT TIGARD,OR 97223 355 CAPITAL ST NE RM 411 SALEM,OR 97301 1 S 135DA-00500 1 S 135DD-01800 GRAHAM DON G AND PANG KEIKO TR BROSSIA PAUL F 46-442 HOLOLIO ST 11260 SW HALL BLVD KANEOHE,HI 96744 TIGARD,OR 97223 1S136CB-00700 1S135DA-01100 GRA M ON G AND SCHAEFFER DONALD M BROSS PAUL F MUNCH MICHAEL T 1126 S ALL BLVD PO BOX 23697 TI RD,OR 97223 TIGARD,OR 97281 1 S 136CB-00900 GROSHART JAY ROBERT AND BETTY R 8465 SW PFAFFLE TIGARD,OR 97223 1 S 136CC-00300 HERBERHOLZ PAUL A&ANNA 8400 SW PFAFFLE ST TIGARD,OR 97223 1 S 135DD-01601 HOLMES SAMUEL M/JANET M 12215 SW 33RD AVE PORTLAND,OR 97219 1S135D -01 0 HOLME AMUEL M/JANET M 12215 RD AVE POR LAND,OR 97219 Naomi Gallucci CITY OF TIGARD 11285 SW 78th Avenue EAST CIT SUBCOMMITTEE Tigard, OR 97223 i:\curpin\setup\Iabels\CIT East.doc UPDATED: 29-Sept-00 Sue Rorman 11250 SW 82nd Avenue Tigard, OR 97223 John Snyder 11100 SW 82nd Avenue Tigard, OR 97223 Jack Biethan 11043 SW Summerfield Drive, Apt. 3 Tigard, OR 97224-3376 Ellen Beilstein 14630 SW 139th Avenue Tigard, OR 97224 Jim Petersen 10815 SW 74th Avenue Tigard, OR 97223 Dieter Jacobs 7775 SW Spruce Street Tigard, OR 97223 Alexander Craghead 12205 SW Hall Boulevard Tigard, OR 97223 CITY OF TIGARD COMMUNITY DEVELOPMENT DEPARTMENT .4i11!'. PLANNING DIVISION CITY OF TIGARD Community(Deviopment 13125 SW HALL BOULEVARD Shaping OetterCommunitx TIGARD, OREGON 91223 PHONE: 503.639.4171 FAX: 503.684-7297(Attn: Patty or Shirley/Planning) R[Q.OFST FOR 40.0- FOOT ETV OWNER °A'I NG LIST Property owner information is valid for 3 months from the date of your request INDICATE ALL PROJECT MAP & TAX LOT...HUMES (i.e. 1S134AB, Tax Lot 00100) OR THE ADDRESSES FOR ALL PROJECT PARCELS BELOW and INCLUDE A MAP OF ALL LOTS FOR THE PROJECT (preferably assessor's tax map): 70,1 Y v-ap : 1 s 13 5 IVt- - ^Tckx La+ Lobo 3530 S (AD Pa-f-f/e ` 91-713 INDICATE WHETHER YOU ARE REQUESTING 2 OR 3 SETS OF LABELS: 2- (NOTE: A minimum of 2 sets of labels will be provided to place on your 2 sets of envelopes that applicants are required to tENGme of g lica o INC submittal. If a neighborhood meeting is required and you have not yet held that meeting.you should request 3 sets) ;025 SW CENTER STREET PO BOX 23784 NAME OF CONTACT PERSON: Jim ,of (4 PHONE: TIGARD, OR 97281 Z 0 8 4) This request may be mailed, faxed, or hand delivered to the City of Tigard. Please allow a 2-day minimum for processing requests. Upon completion of your request, the contact person will be called to pick up their request in "Will Call" by their last name, at the Community Development Reception Desk. The cost of processing your request must be paid at the time of pick up, as exact cost can not be pre-determined. PLEASE NOTE: FOR REASONS OF ACCURACY, ONLY ORIGINAL MAILING LABELS PROVIDED BY THE CITY VS. RE-TYPED MAILING LABELS WILL BE ACCEPTED. Cost Description; SI I to generate the mailing list, plus $2 per sheet for printing the list onto labels (20 addresses per sheet). Then, multiply the cost to print one set of labels by the number of sets requested. EXAMPLE lir * * COST FOR THIS REQUEST * * sheets of labels x S2/sheet = S8.00 x L.sets = SI 6.00 sheet(s) of labels x $2/sheet = S LL x ,.. ' __. sets = _2_ sheets of labels x S2/sheet for CIT area x 2- sets = S 1.00 1_ sheet(s) of labels x S2/sheet for (IT area = Six _ sets = $ GENERATE LIST = SLLOO GENERATE LIST = SJ1 fy0 TOTAL = S31.00 TOTAL = S 1/ f 39Yd 41d6£:Z 10-0U-UdV `•9£9£ 17u39 £OS `ONIU33NION3 I100IN :AU 1113: APPLICANT MATERIALS 11/08/00 WED 11:15 FAX 503 59R 1960 CITY OF 'TIGARD e1004 ' w SITE DEVELOPMENT -REVIEW TYPE II APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223(503) 639-4171 FAX:(503) 684-7297 GENERAL INFORMATION PRE-APP.HELD WITH: JH/ps42- TE OF PRE-APP.: W •2 8•20.' Property Address/Location(s): S53o S.W- c'cAl F L>✓5 ,;:y"`'°°,.��''r:'.:�:'� `, `: "" ''" ` _: sJ,..��yi--+��:"n.'--�!4��yG��•�i'r_-rc c�=z-'�:�`�i'T.=_�� {;nc��=r.::::�•; v, rc�+, F ttiR -r S Ram ran _r.�'_aF`n .2 P O 1513SbP< - �o0o s f u` Tax Ma &Tax Lot �i I "� r � r Site Size: . 'LS AG Retelpt Nb �. I pplicattun ccpte° �' fi a Property Owner/Deed Holder(s)`: hAsl l b �?ALTo 4 �fi n Date t" 3 Address: 413 0 SLJ. Fhone: 503^lv3 Vl2-11 : •'` 2 y4i rf ,5 ° rvTJ+.r...w l is City: Ti Zip: 9--/ 2-2-4 Date beterr3tr)e1A ni Lete - -:4 �.Ya �•_ Applicant*: w._r':. rl e�ftsdratioc Address: Fhone: City: Zip: REQUIRED SUBMITTAL ELEMENTS (Note: applications will nsa be accepted *When the owner and the applicant are different people, the applicant without the required submittal elements) must be the purchaser of record or a lessee in possession with written it 7 authorization from the owner or an agent of tf a owner. The owner(s) S' Application Forri j must sign this application in the space provided on the back of this [1Owner's Signature/Written Authorization form or submit a written authorization with this application. fki Title Transfer Instrument or Deed Copy of Pre-Application Conf. Notes PROPOSAL SUMMARY Site/Plot Plan The owners of record of the subject )roperty request Site of copies based on pre-app check list) Development Review approval to allow(plea:*be specific): [ ite/Plot Plan(reduced 81/2"x 11") 6F' Tl� DAL-Tot-4C. G,aT812-1 H[s► _ plicant's Statement (#of copies based on pre-app check list) \ AT S Xle-JTt t4 U SI t-; • n41-flu-I- Kt: ,c USA Sewer Use Information Car, Atpt 1-1 ot4 A V ' ',& IIL-)t4 61 1 i:S tl N distributed/completed at application sue /TOT Pli-o P D°, 1: A T G✓O U T1-t F A T l n ll- _ SA Service Provider Letter [v' 2 Sets of Pre-Addressed/Pre-Stamped C � e5. #10 Envelopes & Copy of 500' Property Owner List Generated by the City [g',-Neighborhood Mtg.Affidavit • - -- Q' Filing Fee: (Under S100.1 •) 800.01 ($100000-5999,999) '• ,•110.00 ($1 Million a Over) $1,780.00 (+$5$10.000 over the first million) Urban: (See Washington county fee schedule) 1 ADJUSTMENT tive I `� TYPE I APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223(503) 639-4171 FAX: (503) 684-7297 51:A2. 2DOl-00001- PRE-APP. HELD WITH: n D (fr ATE OF PRE-APP.: '` GENERAL INFORMATION Property Address/Location(s): 8534 5•6.1 PA'FPl- - FOR FOR STAFF USE ONLY 1-16nA} -t O . °'1223 Tax Map &Tax Lot#(s): I'5 13 5 ID A / 1000 Site Size: , 2G f,G• Case Na(s):� o�� Lr Property Owner/Deed Holder(s)*: pf+,yS b•.LToN Address: 11130 5•W. h1 -Ew1 t4 Phone:5o3-v34-'121! Other Case No.(s): O OO L jsAst City: Tl6s,,a12-0 Or. Zip: cm 12,4 , 00 --- l Applicant*: �,,6„r••« ii. ., owNg.iZ Receipt No.: Address: _Phone: Application Accej ted By: +,, City: Zip: Date: 1 1,1 °1 I *When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession with written Date Determined To Be Complete: authorization from the owner or an agent of the owner. The owner(s) must sign this application in the space provided on the back of this form or submit a written authorization with this application. Comp Plan/Zone Dgsign ton: f PROPOSAL SUMMARY _ � LJ The owners of record of the subject property request permission for an CIT Area: b-ax1�1, Administrative Adjustment to the following provision(s) of the Recording Date and Number: Community Development Code (please circle one only): :Development Adjustment — iii.e, 6 It.v6.r.IE�fj Si OA p-t* 100 Rev.6/20/2000 i:lcurpin\masters\adjustmt.mst ',Special Adjustments: 1 q., • Adjustments to a Subdivision Y ICI $100 • Reduction of Minimum Residential Density $100 • Landscaping Adjustments-Existing/New Street Trees $100 • Parking Adjustments-Reduction in Stacking Lane Length $100 • Wireless Communication Facility Adjustments-Distance From Another Tower $100 REQUIRED ' � � =� Please state the reason for the Adjustment request: tXt t14&) i7Z1VtW1T TD•f:: NOT ✓ Application Elements Submitted: M V T 'f H E 24 FOOT pAy elD 1/41D-n-1 yr Application Form iNg 12-Yc62 U l to x). 4t2'1-#4!,C,s 1t,. 105.3_ ii, Owner's Si�gnat /Written Authorization ❑ ran er tr ment or Deed Z Site/Plot Plan copies) y Site/Plot Plan (reduced 8'/2"x 11") I1 Applicant's Statement (Addressing Criteria Under Section 18.370.020) Q1' Filing Fee $100.00 1 APPLICANTS: To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the "Required Submittal Elements" box. (Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications.) THE APPLICANT(S) SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. • If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. DATED this l d day of 1 9 07 Owner's Signature Owner's Signature Owner's Signature Owner's Signature 2 g are Nicoll Engineering, Inc. PO Box 23784 Tigard, Oregon 97281 Phone: (503) 620-2086 • Fax: (503) 684-3636 LAND USE ACTION APPLICATION DOCUMENTS Project: DALTON'S CATERING 8530 S.W. PFAFFLE STREET RECEIVEn '-AIMING Tigard, Oregon 97223 APRIL 25, 2001 AUG l 2001 Table of Contents CITY OF riGARo • Application Form • Adjustment — Type 1 Application W/ Supplemental Narrative • Applicants Statement • Facility Approval From Washington County Department of Health and Human Services • O.L.C.C. Caterers Liquor License Application • Narrative • Impact Study • Storm Water Detention Facility • Engineers Estimate • Affidavit of Posting Notice • Affidavit of Mailing • Neighborhood Notification Letter • Sign in Sheet • Meeting Minutes • Address Labels • Unified Sewerage Service Provider Letter • Pride Disposal Approval • Arborist Report • Title Transfer Instrument • Pre — Application Conference Notes • Tax Map • Reduced Application Drawings 11/08/00 WED 11:15 FAX 503 5P '960 CITY OF TIGARD lit1004 1 ' • SITE DEVELOPMENT REVIEW °"``0'".1t'r\ TYPE II APPLICATION �,t. t•11! CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223(503) 639-4171 FAX:(503) 684-7297 GENERAL INFORMATION PRE-APP.HELD WITH: ay�12- DATE OF PRE-APP.: 1 .2 ,•Zcog Property Address/Location(s): $53p S.la. fi fitfl~LI1 ST. = ' ''-""'tiu! ""'� "' `.:r,,,.°_':.'.-ter; ..�� !y�ili�l��������•�,;y.:�es y:.r�'-c:��.'r�.,.:...:,rorp.._-... 1&,A14-7 Ot /c o(r .f.l , m '' +':-,tan, f-n agy_m' 4 s ! - -_ P tJ w '1 . , _ !:•1-1= _._•747 :�—�- :.tA�TI, -_:FY�%VJ�4 Tax Ma & Tax Lot#(s): 1 S13Sate — to Do Gale fo sZRK - 4 - . , g : e • * '`'Other caseN (?1 ' — , : " '� " j r ` Rcept Nb7 'f s Site Size: . '2.. AG 'AplicatiopAccp te day a z,Property Owner/Deed Holder(s)*: t)A,N,(1ID bALT014 - h " ii i. f ' Date a r ,. " Address: 111'3?D '7L). 1116 ngp,ti Fhone: 5o3-(v3q-1241 ` a _� ' ' `j " a .. L , r � _0 < ' {Cit Y Ti li.,A 2-t DC2, Zip: 9- 229 ��ate ber mnesCai ed: ._.P. Applicant`: F3ev /tzdtiy 4 - .glifiil lersbevisehtsdra noe Address: Fhone: City: Zip: REQUIRED SUBMITTAL ELEMENTS (Note: applications will not be accepted When the owner and the applicant are different people, the applicant without the required submittal elements) must be the purchaser of record or a lessee in possession with written �/ authorization from the owner or an agent of t1-e owner. The owner(s) EM Application Form must sign this application in the space provided on the back of this R Owner's Signature/Written Authorization form or submit a written authorization with this application. Q� Title Transfer Instrument or Deed PROPOSAL SUMMARY IV/ Copy of Pre-Application Conf. Notes W. Site/Plot Plan The owners of record of the subject )roperty request Site (#of copies based on pre-app check list) Development Review approval to allow(please be specific): c4' Site/Plot Plan(reduced 81/2"x 11") C'F' rE Dis1,TaN S. G,a.Te-121 N&I [' Applicant's Statement AT SxwrI N c SIN Gl. • L~/.ril L.•r 1<ii DV.RC..I� (#of copies based on pre app check list) ❑ USA Sewer Use Information Card A 7,171 T'1 DgikL ia•V-K114 U 15 I N 6n. (Distributed/completed at application submittal) 1' -o PQ°s11� AT SQL.{TIM�� F T I n �' USA Service Provider Letter Y. 2 Sets of Pre-Addressed/Pre-Stamped , ( _1) 6p ATV-' #10 Envelopes & Copy of 500' Property Owner List Generated by the City [ ' Neighborhood Mtg.Affidavits & Notes [if Filing Fee: (Under$100.000) $ 800.00 ($100,0004999.999) $1,600.00 41 Million&Over) $1,780.00 (4 S5/$10,000 over the first million) Urban: (see Washington County tee schedule) 1 11%08/00 WED 11:16 FAX 503 598 1960 CITY. OF TIGARD" g1005 • • List any VARIANCE, CONDITIONAL USE,SENSITIVE LANDS, OR OTHER LAND USE ACTIONS to be considered as part of this application: Ufa APPLICANTS: To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application In the"Required Submittal Elements"box. (Detailed Submittal Requirement Information sheets can be obtained, upon request,for all types of Land Use Applications.) • THE APPLICANT(S)SHALL CERTIFY THAT: • The above request does not violate an;(deed restrictions that may be attached to or imposed upon the subject property, • If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the appro ial. • All of the above statements and the statements in the plot plan, attachments,and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. • The applicant has read the entire conter is of the application, including the policies and criteria, and understands the requirements for approving or denying the application: SIGNATURES of each owner of the subject property. DATED this day of � ,20 Cam/ / 624X - — Owner's Signature Owner's Signature • — Owner's Signature Owner's Signature 2 • ADJUSTMENT �'J'1� TYPE I APPLICATION Aar I� CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223(503) 639-4171 FAX:(503) 684-7297 5 2001-0DC01- PRE-APP.HELD WITH: DATE OF PRE-APP.: GENERAL INFORMATION Property Address/Location(s): $530 S•w. PA' I<t.1� st FOR STAFF USE ONLY Ttts kRAD c . x7223 Tax Map &Tax Lot#(s): 161 35 Da / 100o Fri eh nn''��x Site Size: , e S eed Case No.(s):Wk9 C0( ` to 5 Property Owner/Deed Holder(s)*: DaJE tx1,TaN Address: I1`1 30 5•14). h'tW•EWp°t4 Phone:503-6,3R-1211 Other Case No.(s):S D12C if�aly City: Tth,q>z0 O O . Zip: q'1224 Receipt No.: d oo I. -3 Applicant*: 5A-1-Is AS OwKS12- Address: Phone: Application A e ted By: t1i City: Zip: Date: <6 t * When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession with written Date Determined To Be Complete: authorization from the owner or an agent of the owner. The owner(s) must sign this application in the space provided on the back of this form or submit a written authorization with this application. Comp Plan/Zone D�signn: PROPOSAL SUMMARY / The owners of record of the subject property request permission for an CIT Area: eQul ' Administrative Adjustment to the following provision(s) of the Recording Date and Number: Community Development Code (please circle one only): >Development Adjustment v6eit45 STikr4D ile-t Rev.6/20/2000 i:\curpinlmasters\adjustmt.mst >Special Adjustments: • Adjustments to a Subdivision t $100 • Reduction of Minimum Residential Density $100 • Landscaping Adjustments-Existing/New Street Trees $100 • Parking Adjustments-Reduction in Stacking Lane Length $100 • Wireless Communication Facility Adjustments-Distance From Another Tower $100 ( REQUIRED SUBMITTA L ELEMENTS Please state the reason for the Adjustment request: tXL 'T 1rt&, bialvEWA7' T)o s $\QY Application Elements Submitted: M girl THE 24 Fool PAy Et) LEI 1 0T?4 C►1 Application Form ) 12-V-62 L1►1.)'7 2_'r}►,(.)� 1b. "l0s.3 r Owner's Snatt /Written Authorization TTtt��Tp _ Ti>' rans er n trument or Deed RI' Site/Plot Plan {rcopies) [Y Site/Plot Plan (reduced 8'/2"x 11") Applicant's Statement (Addressing Criteria Under Section 18.370.020) Q' Filing Fee $100.00 1 NARRATIVE Supplemental Information For Adjustment To Access And Egress Standard For DALTON'S CATERING The following information responds to the comments in the "Incompleteness Letter" (dated May 23, 2001), received from the City of Tigard, specifically the issues with the existing access egress drive at Pfaffle Road. The applicant is requesting an adjustment to the access and egress standards (chapter 18.705) as allowed by section 18.370.02, C, 3b. 1. It is not possible to share access; The site currently shares this access with the adjacent "cell tower" site to the west (tax lot 1100). 2. There are no other alternative access points on the street in question or from another street; The site is located between Highway 217 and Pfaffle Street. Access to Highway 217 is obviously not an option. The applicants only alternative would be to create a "looped" drive isle and provide another egress access point at Pfaffle Street. This solution would eliminate the majority of existing landscaping and require more impervious surface for the six (6) proposed parking spaces and driveway. This solution would create tow access drives from this one site. Having 2 access points within close proximity to one another would appear to crate an additional safety issue; and does not appear to be a remedy for the existing situation. 3. The access separation requirements cannot be met; The Tigard Municipal Code, title 15, section 15.04.080, subsection d, requires access drive separated by a 30' length of curb. This curb length could be maintained. When the clear vision area required from the adjacent property line and the 24' minimum driveway width, the proposed looped drive would interfere with the existing structure. 4. The request is minimum adjustment required to provide adequate access; This adjustment request is to allow an existing condition to remain. The site will function as is. This applicant is able to operate with the existing access, as has the previous business located at this site. 5. The approved access or access approved with conditions will result in a safe access; and The access as it exists has been in use since the street improvement we constructed. From documents obtained from the City, it appears the street was improved in 1989- X:u-001101\LettersWarrat,ve Supplimental Info doc Page 1 of 2 1990. The existing access has been in use since this time, for both residential and commercial uses, without any problems. 6. The visual clearance requirements of Chapter 18.795 will be met. The visual clearance requirements are not met. When Pfaffle was widened, the visual clearance area could not be maintained in both directions. The visual clearance requirement is met to the west, but not to the east. General Comments: This adjustment is for an existing condition, which was created when improvements to Pfaffle Street where constructed; not as a design decision for the project. The site has functioned without incidence with both residential and commercial tenants. Additional access points, looped circulation systems etc. appear to be extensive and cost prohibitive for the proposed parking spaces. We would request that the proposed adjustment application be approved for this existing condition. If you have any questions regarding this matter please feel free to contact this office at your convenience. Sincerely,-- James D. Andrews Project Manager jda/hmb enclosures X U-0011011LettersWarrateve Supplemental Into.doc Page 2 of 2 APPLICANTS STATEMENT DALTON'S CATERING The applicant Mr. David Dalton purchased the property, and single-family residence with the intention of operating a catering business from the property. The previous owner had operated a business from this location. Mr. Dalton purchases and proceeded to make improvements to the property as necessary for his business. It was brought to Mr. Dalton's attention that he was in violation with the City of Tigard Development Code. Mr. Dalton hired Nicoli Engineering, Inc. to obtain necessary approvals from the City of Tigard. This submittal is to bring Dalton's Catering into compliance with the City of Tigard Development Code, Section 18.360.020(A) Site Development Review. The proposed catering business will prepare the majority of food and beverage products on site and deliver and serve them off site. Some off site preparation will also be performed off site. No consumption or sales of products will be performed on site. Please find enclosed Mr. Dalton's restaurant report from Washington County Department of Health and Human Resources. Mr. Dalton has also applied for a caterer's liquor license from the OLLC. A copy has been included for the City's information. Upon Site Development Review approval from the City, an application will be presented to the City of Tigard for approval. X:1J-001101U.etters1Applicants Statement doc SEP-29-00 FRI 14 :26 —'iLTON•S GRILL CATERING 62P- t27 P. 01 •inspect#: 4000621 Washington County Page 1 of 1 Department of Health and Human Services 155 N. First St. Hillsboro, OR 97124 (503) 846-8722 Restaurant Report 9' ` Facility: Dalton's Catering-34003444 Facility Type: Commissary Address : 8530 SW Pfaffle Road Capacity . City : Tigard,OR 97223 (503)639-7211 Inspector . 1015 Owner : Dave Dalton Inspect Date : 9/28/2000 Type : PreOpenFood Inspect Time : 10:45 AM -12:30 PM Total Food Handlers: 11 #FH Employed>30 days with Certificate: 6 #FH Employed>30 days without Certificate: An evaluation of sanitation on your premises has this day been made and you are hereby notified of the violation found. Such violations may result In denial,suspension,or revocation of your license;or closure of the restaurant may result from uncorrections critical violations or failure to maintain the minimum acceptable score. You may obtain a contested case hearing for any denial,suspension,or closure by contacting the licensing agency. HANDWASHING --OK(SOAP, PAPER TOWELS, HOT WATER) THIS FACILITY IS APPROVED TO OPEN PENDING APPROVAL FROM BUILDING, PLUMBING, AND ELECTRICAL AUTHORITIES (AND ANY OTHERS THAT ARE NECESSARY). THE FOLLOWING ITEMS MUST BE COMPLETED BEFORE THE FIRST SEMIANNUAL INSPECTION (WITHIN 30 DAYS): 1)FINISH STAIRS--LINOLEUM 2)4 INCH BASE COVE IN DISHWASHER ROOM (INSTEAD OF EXISTING MOLDING) 3) DOOR MOLDING ON EXTERIOR DOOR IN DOWNSTAIRS KITCHEN 4) REPAIR LINOLEUM IN DISHWASHING AREA Cold Food Temperatures: YELLOW FRIGIDAIRE 37F,2DR TRAULSEN 37.8F,GREEN NORGE 44F (WATCH THIS FRIDGE CLOSELY -- IT IS BORDERLINE); FREEZERS OK; WALKIN 42F NOTE: CLEAN AND DEFROST WHITE FRIGIDAIRE FREEZER UPSTAIRS Dishwashing Methods: DISHWASHER 140F, 50 PPM CHLORINE The Washington County Department of Public Health requires that food handlers obtain a food handler's card within 30 days of this date. Please keep copies of cards posted. 11 EMPLOYEES, 6 WITH CARDS,5 WITHOUT -- LEFT COPIES OF FOODHANDLER BOOLKET / / aSpIP. Facility Rep: ;LV Inspector: d.11 Cindy Gaines ,TE OF OREGON Return To: APPLICATION OREGON LL tJOR CONTROL COMMISSION GENERAL INFORMATION A non-refundable processing fee is assessed when you submit this completed form to the Commission(except for Druggist and Health Care Facility Licenses).The filing of this application does not commit the Commission to the granting of the license for which you are applying nor does it permit you to operate the business named below. (THIS SPACE IS FOR OLCC OFFICE USE) (THIS SPACE IS FOR CITY OR COUNTY USE) Application is being made for: NOTICE TO CITIES AND COUNTIES:Do not consider this applica- ❑ DISPENSER,CLASS A ❑ Add Partner lion unless it has been stamped and signed at the left by an OLCC ❑ DISPENSER, CLASS B ❑ Additional Privilege representative. ❑ DISPENSER, CLASS C CI Change Location THE CITY COUNCIL, COUNTY COMMISSION, OR COUNTY ❑ PACKAGE STORE ❑ Change Ownership ❑ RESTAURANT ❑ Change of Privilege COURT OF ❑ RETAIL MALT BEVERAGE ❑ Greater Privilege (Name of City or County) ❑ SEASONAL DISPENSER ❑ Lesser Privilege RECOMMENDS THAT THIS LICENSE BE GRANTED ❑ WHOLESALE MALT IX New Outlet BEVERAGE & WINE ❑ Other RECEIVE DENIED D ❑ WINERY DATE. OTHER: C(VT ErE,r • /• 41-77: 0 SEP 2 6 2000 BY (S5gnature) j REGULATORY FIELD SE-Vff2 CAUTION: If your operation of this business depends on your receiving a liquor license,OLCC cautions you not to purchase,remodel,or start construction until your license is granted. 1. Name of Corporation, Partnership, or Individual Applicants: 1 G cFra� gy f��iv C 2) 3) 4) 5) 6) (EACH PERSON LISTED ABOVE MUST FILE AN INDIVIDUAL HISTORY AND A FINANCIAL STATEMENT) 2. Present Trade Name . 11/ 'tt1 5 A o PuA C - ^�S /4/0 1t wc/Th-r �u__ 3. New Trade Name Year filed V r// with Corporation Commissioner 4. Premises address os�j0 S,ct1. e,rjQF r /� � �,�( lt/i�� / _ �2 g7Zi3 (Number,Street.Rural Route) (City) /,.,�.�,� (County) (State) (Zip) 5. Business mailing address gs3 0 S,CA) //� /`®`4y �- " --- Ir / �/72'Z (P.O.Box.Number,Street,Rural Route) (City) (State) (Zip) 6. Was premises previously licensed by OLCC? Yes Nov Year 7. If yes,to whom: (yam) Type of license: 8. Will you have a manager: Yes Name �r � (Manages must fill out Individual History) 9. Will anyone else not signing thja application share in the ownership or receive a percentage of profits or bonus from the business? Yes No ✓ //''��AA ff 10. What is the local governing body where your premises is located? I / (Name of City or County) 1l. OLCC representative making investigation may contact: (Name) 545--30 S.u>. Plr�s ' ,�,{ `176�a OJT y cc!)3)c39- 7Z.7/- ( "E v5'i(Address N home,business,mesa age) CAUTION: The Administrator of the Oregon Liquor Control Commission must be notified if you are contacted by anybody offering to influence the Commission on your behalf. Applicant(s) Signature 1) DATE �— (In case of corporation,duly authorized officer thereof) 2) 3) 4) 5) 'tat- :ovemment 6) ��'430 13-90) NARRATIVE DALTON'S CATERING The applicant is requesting site development approval for converting an existing residence into a commercial catering establishment. This type of use is allowed within the current professional/administrative commercial (C-P) zoning designation for this area. Section 18.360: Site Development Review The required change of use is allowed through a Type II procedure. Section 18.390: Decision Making Procedures/Impact Study It is understood that the application will be reviewed as a Type II procedure. The director reviews the application and determines if the application meets the criteria of approval and allows public input with a public notice and the opportunity for a hearing. The Hearings Officer will hear any appeal of the director's decision. Section 18.520: Commercial Zoning Districts The project is located within the C-P zoning district. Developments within this area are intended to serve as a buffer between residential areas and more intensive commercial and industrial uses. The proposed catering service is an ideal use for this type of zone. The business functions ideally within the existing residential structure, which continues the "fabric" of the existing residential neighborhood. The proposed use does not create noise or odors that would be disruptive to the adjacent properties. The street improvements proposed alone Pfaffle Street will connect to the existing street and sidewalks to the west. The existing graveled parking area and additional area to the south will be curbed, paved and striped for on-site parking. The proposed parking is located at the rear (south) of the site. All deliveries and employee parking spaces will be located at this area, away from public view, again maintaining the residential quality of the area. Section 18.705: Access/Egress/Circulation The site currently has a concrete approach leading to the existing graveled parking area. This access will remain for access to the proposed parking and maneuvering area in the rear. Section 18.725: Environmental Performance Standards The proposed catering business appears to be in compliance with applicable environmental standards. No noise, visible emissions, vibrations, odors, glare/heat or insects and rodents are anticipated with the operation of the proposed catering business. Section 18.745: Landscaping and Screening The site is previously landscaped. The majority of the site is covered with lawn and various trees "scattered" throughout. As part of the required sidewalk extension and street improvements, 2 of the existing trees along Pfaffle will be removed. Street trees X\J-001101\Letters\Narrative doc are being proposed along Pfaffle Street. The project site abuts a single-family residence to the east. According to table 18.745.1, buffer type D is required. We have selected buffer type D-3 from table 18.745.2 for the section of parking which is 10' from the east property line. Buffer D-1 can be incorporated for the remaining buffer. Section 18.755: Mixed Solid Waste/Recycling Storage We have received approval from the franchise hauler for the storage area. As noted in the submittal documents after approval, Lenny Hing met with Jim Andrews at Nicoli Engineering, Inc. and requested that the west side of the enclosure be "gated" for additional access to the enclosure. This request has been incorporated into the submittal documents. Section 18.765: Off Street Parking/Loading Requirements The project will require a minimum of 5 and a maximum of 8 parking spaces. The proposed site improvements will provide parking at the rear of the site. Six parking spaces have been provided. Section 18.780: Signs No signs are being proposed at this time. Section 18.790: Tree Removal The required street improvements will require 2 existing trees to be removed from the public right of way. Section 18.795: Visual Clearance The site does not meet the required visual clearance requirements. The existing residence does not allow the clear vision area requirement to be met see sheet 1.2. Section 18.810: Street and Utilities Improvement Standards Street: As part of the development requirements the applicant is required to construct half street improvements which includes a continuous curb and sidewalk. It is understood that if the existing paved portion of the street meets the required street design standard, that a full half street reconstruction will not be required. To the best of our knowledge and available information there is an existing 25' right of way. An additional 5' right of way dedication will be required to obtain the 30' right of way as dictated by the City of Tigard. The applicant understands that a public works type of permit will be required. They have hired Harris-McMonagle Associates to prepare these documents. Utilities: No additional utilities are being proposed with this application. There is a PGE service pole on site which will need to be relocated as part of the 1/2 street improvements. X 1J-001101\Letters\Narrative.doc - Fee in-lieu of Undergrounding: City of Tigard Community Development Code requires a "fee in-lieu" of undergrounding. We would ask the City Engineer to review this requirement. The applicant is being required to provide street improvements and dedicated additional right of way. The cost • for these improvements appears to be excessive (not proportional) for the limited scope of the project. The applicant would request that the cost relationship be reviewed, and the "fee in-lieu" of undergrounding the utilities be waved. Sanitary Sewer: The existing residence is connected to an existing public sanitary sewer line. No modifications are being proposed to this connection with this application. Storm Drainage: The existing paved drive along the west property line drains to an existing catch basin near the approach to Pfaffle. The proposed new parking area will drain to a new catch basin which will be piped to the new storm drain line that will be installed as part of the street improvements. Due to the limited area of the project site and the low amount of run-off we are requesting to pay a "fee in-lieu" of constructing a water facility/detention facility. X 41-0011011Letters\Narrative.doc ti . IMPACT STUDY DALTON'S CATERING Transportation System: This type of commercial activity (catering establishment) is not specifically noted in the land use categories/description used in determining the T.I.F.F. fees. It is understood that the proposed use will have a higher weekly average vehicle trip rate. Therefore, the proposed development will impact the existing transportation system. This impact should be reviewed with the existing residential use, the additional right of way dedication and street improvements associated with this proposal. Drainage System: The existing paved area currently drains to a catch basin which discharges to the public line in Pfaffle Street. The proposed paved parking area will drain to a catch basin, which is proposed to drain to the new storm sewer line at Pfaffle Street, installed as part of the required street improvements. Park System: No direct impact to the park system is anticipated. Water System: The facility will utilize the existing service to the residence. The catering operation requires two (2) additional sinks. We believe this additional usage requirement will be offset by the elimination of the shower/bathing function previously used at the residence. Sanitary Sewer: The facility will utilize the existing service, which connects to a public line in Pfaffle Street. Noise Impact: No noise generation equipment or functions are proposed with this application. Concurrence: At this time the applicant is not able to specifically concur with the required dedication requirements in relationship to their rough proportionality with the projected impacts. Once the final project costs are established the review for concurrence can be reviewed. The applicant believes that the proposed street improvements and dedication of the additional right of way is somewhat extreme for the scope of the project, although he has agreed to incorporate/implements the Cities requirements. Due to the disproportionality between the project impacts and the required improvements we request that the City wave the undergrounding requirements per Section 18.810.120. X:U-001101\LettersUmpact Study doc • STORM WATER DETENTION FACILITY DALTON'S CATERING The applicant is requesting to pay a fee-in-lieu-of providing a water detention facility. Unified Sewerage Agency, Design and Construction Standards, provides exemptions for the installation of their water quality facilities. One of the exemptions is that "the site is small, and loss of area for the on site facility would preclude the effective development," per chapter 3, section 3.12, b item 6. The site is small, approximately .25 acres. With the additional Right of Way dedication to the north the required parking to the south and the buffer to the east, the only area remaining for any future development is to the east, which is also the only practical/ logical location for the water quality facility. With the lots size, the hindrance of any future expansion and the proportionality between the proposed development and the additional cost of the water quality facility, we believe that this request is justifiable and allowed per Unified Sewerage Agency's exemption criteria. X1J-0011011Letters\Storm Water Facility.doc • ENGINEERS ESTIMATE SITE IMPROVEMENTS DALTON'S CATERING SDR-2001-00004 Pavement • 3941 SF of AC @ $1.25 SF $4,926.25 Stripping and Signage $650 Extended Curb • 223 LF @ $2.25/LF $501.75 Catch Basin • 1 Metal Basin $1,500 Storm Line • 66 LF @ $40/LF (includes trenching and backfill) $2,640 Crushed Rock • 218 CY @ $10 yd (includes placement) $2,180 Screened Dumpster Enclosure • Cyclone Fence and Gates with Slats $2,200 Wall at East Property Line • 50 LF at $20/LF $1,000 Landscaping Plantings $3,500 Total $19,098 ,W-OO11011LetterslEngineers Estimate.doc • AFFIDAVIT OF POSTING NOTICE WITHINSEVEN{7)CALEND 1 •DA'S OFTHE STGN POSTING,R.ETURN'I`KI$AFFIDAU 'I`Ta • Ozty or Tigard Planning Division; x25 SW;JJa11 Boulevard Tigard Ult 97223' I, d tMn Acker , do affirm that I am (represent) the party initiating interest in a proposed Sim bg-m pet. .p-At - affecting the land located at (state the approximate location(s) if no address(s) and/or tax lot(s) currently registered) SS30 f2,14,.). FP f'P r , and did on the 29y' day of ,- t y- .ot?r personally post notice indicating that the site may be proposed for a • r,.{,. application, and the time, date and place of a neighborhood meeting to discuss the proposal. The sign was posted at Molu[I-t St. -vA.,Ttdr1 - EA .ti , (state location you posted notice on property) • Sig ature (In the presence of a Notary Public) (THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETE/NOTARIZE) Subscribed and sworn/affirmed before me on the al day of , a- b 0, OFFIciAL SEAL. - A , *" 'a ELAINE C 4EER T NOTARY PUBLIC OF OREGON NCCOTtvA MISY S FtOUUoC-(..T r•. ' i My Commission Expires: UY COMMISSION EXPIRES SFr' 15,?I.%12 (Applicant, please complete information below for proper placement with proposed project) FNAME;OF PROJECT Olt PROPOSED NAM E:_ OltffQrlrp GATVZIN Cat___ TYPE OF PROPOSED DEVELOPMENT': �j1f� 121�YF�t'Mb'rN1- >��Nlrclr-1 ---_ Name of ApplicanUOwner: DMj p PAIirest4 I l Address or General Location of Subject Property: e,r7 30 _s.t*)• lsub ect Property fax Mats and 1,ot//(s): ----I • AFFIDAVIT OF MAILING STATE OF OREGON ) • )ss. City of Tigard ) I, being duly sworn, depose and say that on JetAnua AA1 2911 , I caused to have mailed to each of the persons on the attached list, a notice of a meeting to discuss a proposed development at (or near) Pfp.P(-`I a copy of which notice so mailed is attached hereto and made a part of hereof. I further state that said notices were enclosed in envelopes plainly addressed to said persons and were deposited on the date indicated above in the United States Post Office located at with postage prepaid thereon. IOW nature (In the presence of a Notary Public) (THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETE/NOTARIZE) Subscribed and sworn/affirmed before me on the I) day of P r - 0.( '. �• oFF„,AL N Y PUBLIC OF OREGON .1.1'e"4 ELAINE G NOT<-;Y t'UBLh; i4E:'r■t'Y My Commission Expires: yY Ct)414CSSIQH EXPIRES SU' (Applicant, please complete information below for proper placement with proposed project) INAML OF PROJECT OR PROPOSED NAME':_ r)A, .TbNS CATel lbl ITYI'E OF PROPOSED DEVELOPMENT: gl?'ll=.,r, yt Pl''1lENT YlE4-� Name of Applicant/Owner: 174 ■Y1 p DAL.Tb t4 Address or General Location of Subject Property: S 5 3D S_t„ p +E .F_ ST. L.I Subject Property Tax Map(s)and Lot Jl(s): l e 1 '39 bh1O0D It Y09n4)attyv,taslers,11fmail mst •••••••• ■.. • ■..U••U■___ ___• ••••••••�■■• • •■U••■.■■ ■.. • • • LINE■wmin ■■�■ rerroreorzorumn 110111 Ir •1t 1E11 ■■I 1 Ali.�i lLWL'U J iI I �i 'i OR 11\1 :II i:1l II\111 urn mwmummambalbaiiiiiii`r and Construction Services, Inc. Street Address: 9025 Southwest Center Street Mailing Address: P.O. Box 23784 •Tigard, Oregon 97281 (503) 620-2086 • FAX (503) 684-3636 January 29, 2001 NEI#: 00-1101 Interested Party RE: Dalton's Catering 8530 SW Pfaffle Tigard, Oregon Tax Map #: 1S135DA Tax Lot #: 1000 To Whom It May Concern: Nicoli Engineering is representing David Dalton, the owner of the property and business located at 8530 SW Pfaffle Street (see attached vicinity map). The owner is proposing to operate a catering business at the existing residence. Prior to applying to the City of Tigard for the necessary permits, we would like to discuss the proposal in more detail with the surrounding property owners and residents. You are invited to attend a meeting Tuesday, February 13, 2001 at the site of Dalton's Catering located at 8530 SW Pfaffle, Tigard Oregon at 6:00 p.m. Please realize this will be an informational meeting to discuss preliminary plans. These plans may be altered prior to the submittal of the application to the City of Tigard. We look forward to more specifically discussing the proposal with you. Please call me at the number above it you have any questions. Sincerely, James Andrews Project Manager jda/hmb enclosures X:U-0011011Letters\Preliminary Public Meeting.doc NAME ADDRESS PHONE NO. OtAJ4..AAAA 41,0 'CM litit4/441 Q3—LW-1687 1)114? at Y �,�}��c� s c t February 14, 2001 RE Dalton's Memo On Preli NI*. 00-110 8530 s Catering mrnary Public 1 �gare�re Pfeifle Meetlh9 Tax Ma Son Tax dot #1��135pA . D Tuesday, F e brU 6 , 2001 at t site of p ° Catering/° e d at 8530 4 S ad `/e,T iQad Oregon at �� m a preliminary public w as held. Three neighbors atten The nei g hbors were pleased to see that Mr. Dalton had l eared up the site, as they f ethe no ever f ea o maintain te / Ong. The toured the building,the food and rail were pleed with the proposed umpr evnthe neighbors had no objections the project the proposed 5a roVements The mainly wanted t O we o me hie to he neighborhood his c°maY s cuisine. x u'iroikenesm orr Preliminary Public Meeting doe 1 S 135DA-02200 1S1350A-01400 ALANDER BONNIE R/NORMAN E BRAHMA PREMANANDA ASHRAM PO BOX 2619 11515 SW HALL BLVD WHITE CITY,OR 97503 TIGARD,OR 97223 5DA-02202 151350A-01700 ALAN B NIE R/NORMAN E BRAZIL CLARENCE E&MARY JEAN PO B PO BOX 23064 ITE CITY,OR 7503 TIGARD,OR 97281 1S136CC-00301 1 • DA-01600 ANDREWS MANAGEMENT LIMITED BRAZ •' NCE E&MARY JEAN 11336 SW BULL MOUNTAIN RD#103 PO BO. 3,.< TIGARD,OR 97224 T 01,•RD,OR 97 .• 36CC-00200 1 S 136C8-03200 ANDR MAN.= MENT LTD BROOKS ROBIN DANIELSON& 11336 S a : •UNTAIN RD#103 DANIELSON ROBERT G RD,OR 97224 11235 SW 83RD TIGARD,OR 97223 136CC-02200 1 S 135DA-00700 AND • • MAN:: MENT LTD BROSSIA PAUL F AND 11336 • = L •UNTAIN RD#103 GRAHAM DON G ARD,OR 97224 300 4TH ST LAKE OSWEGO,OR 97034 1813608-03000 1S135DA-02100 BADON JACQUELINE& BROWN MARGARET ANN GUERIN PATRICE& 19065 SW JOHNSON AVE Go MICHAELSON DAVID T LIFE ESTATE ALOHA,OR 97006 11295 SW 83RD AVE TIGARD,OR 97223 1 S 136CB-00890 1 1350A-01900 BECKHAM PAUL D AND DEBORAH R BRO • A:'ARET ANN 8485 SW PFAFFLE 19065 - SON AVE TIGARD,OR 97223 •HA,OR 9700. Is 135DA-00400 1 35DA-02000 BERGMANN KENNETH&DONNA BRO A' •'ET ANN 10726 SW 63RD 19065 .•I NSON AVE PORTLAND,OR 97219 •HA,OR 97I:. • 151350A-00300 15135D0-01600 BERGMANN KENNETH L AND CACH GERALD C AND JOAN L DONNA J 12525 SW MAIN 10726 SW 63RD PLACE TIGARD,OR 97223 PORTLAND,OR 97219 1 S 136CB-03100 1S13500-00100 BORST EDWARD P/CATHERINE E& CHRISTIE LACEY TRUSTEE BORST MICHAEL E 22020 SW AEBISHER RD 11265 SW 83RD AVE SHERWOOD,OR 97140 TIGARD,OR 97223 Naomi Gallucci CITY OF TIGARD 11285 SW 78th Avenue EAST CIT SUBCOMMITTEE Tigard, OR 97223 i:\curpin\setup\Iabels\CIT East.doc UPDATED: 29-Sept-00 Sue Rorman 11250 SW 82"d Avenue Tigard, OR 97223 John Snyder 1 1100 SW 82nd Avenue Tigard, OR 97223 Jack Biethan 11043 SW Summerfield Drive, Apt. 3 Tigard, OR 91224-3376 • Ellen Beilstein 14630 SW 139th Avenue Tigard, OR 97224 Jim Petersen 10815 SW 74th Avenue Tigard, OR 97223 Dieter Jacobs 7175 SW Spruce Street Tigard, OR 97223 Alexander Craghead 12205 SW Hall Boulevard Tigard, OR 97223 N CITY of TIGARD �T T --- T -_---- __ --- - - —L �` OEOGaA•nlC rOauATIO• "STEM•i 1 l _STEVE --- __ AREA NOTIFIED : (500 ) i :, --' , -- . IFOR: Jim Andrews 51S8CB00100 5,35 DAD93DB -__- >' RE: I S 135DA 1 000 a1 131350802202 1S135DA00400 I (8530 SW Pf of f l e) 1313511A01200 ( o/ , 51350110:700 ---_ , 1 131380803200'cc- �' n M N allIl j � 101360801000 _ \ 1313501100700 151360603100 Property owner information 0 151350000300 — I is valid for 3 months from I the date printed on this map. \151350802000 1151360803000 II 1 151360800010 I S738C80009 '--- • \5135 O1�B00 151300002900 \_______ ISITE _-i_ 111 'FAFFLE 5 ` 1s1a5IU6n.r 1 . 131138.1 \\' 0 151380000300 \ I 1S138CC00400 ■ • 151350110800 1513 DA�lI00 111135111101800 10130 00 002 00 ' 151360000301 ■ -- 01350801500 i N - 1313 5 38 0140 0 ■ N N 1513508013 0 i1 W uXr 131350001401 1 --_j, 0 100 200 300 Feel •----- 1513s000iBO1 I -- 7 1-=241 feel 01360002200 1 51350001800 1 15135000160. A D I— � City ofTig 513sooaoloo City of Tigard \ Information on this map is for general location only and should be verified with the Development Services Division. 13125 SW Hall Blvd • 1 atAllg —4/1"11111111& \ Tigard,OR 97223 \._ --- (503)639-4171 http:/Mw.v.ci.tigard.ocus Community Development Plot date:Jan 12,2001;C:lmagic\MAGIC03.APR File Number X-5 Sensitive Area Pre-Screening Site Assessment Unified Sewerage Agency of Washington County Jurisdiction - } ti Date - 13— 0) Map & Tax Lot I S 1 S ip n_ 0 1000 Owner \-1-r,v-,`s Site Address 9, 3o S■ e ic)c-vro1 Contact N'■co1 ) C✓`-- Proposed Activity Address Po U Z Phone ��s LQ z o ZO E(o Y N NA Y N NA ftt n Map o `pos Map E Stormwater Infrastructure maps P QS # 72 ) n - Locally adopted studies or maps Other -- Specify — Specify Based on a review of the above information and the requirements of USA Design and Construction Standards Resolution and Order 00-7: E Sensitive areas potentially exist on site or within 200' of the site. THE APPLICANT MUST PERFORM A SITE CERTIFICATION PRIOR TO ISSUANCE OF A SERVICE PROVIDER LETTER OR STORMWATER CONNECTION PERMIT. If Sensitive Areas exist on the site or within 200 feet on adjacent properties, a Natural Resources Assessment Report may also be required. Nil Sensitive areas do not appear to exist on site or within 200' of the site. This pre- screening site assessment does NOT eliminate the need to evaluate and protect water quality sensitive areas if they are subsequently discovered on your property. NO FURTHER SITE ASSESSMENT OR SERVICE PROVIDER LETTER IS REQUIRED. THIS FORM WILL SERVE AS AUTHORIZATION TO ISSUE A STORMWATER CONNECTION PERMIT. The proposed activity does not meet the definition of development. NO SITE ASSESSMENT OR SERVICE PROVIDER LETTER IS REQUIRED. Comments: Reviewed By: 'WV/ Date: Returned to Applicant F R Mail Fax_ Counter_ t rte ���i Date -9-\•-CA Bygck 02/16/01 11:55 '5509 6" 61 79 PRIDE DISPOSAL 0001/003 PHONE 503-25-6177 FAX 6o3-325-6179 PRIDE DISPOSAL CO. Fax To: g ; Ll O 1 From: k.e.‘,1 pvti, Fmc 503 65q 3(D 3 Date: 2 ) lo( 0 1 Phone: Pages: 3 Re: CC: , O ) 44 ✓ e kl 5 O Urgent For Review ❑ Please Comment Please Reply El Please Recycle -Comments: 5 ci 1 s Go L 5 60 qc, " s C1.0(A.) ��11 • • .Gate La"2a.. j, ..,#•... r .Q G��IIlllt�C, __.. ARBORIST REPORT & TREE PLAN • Address of the Report: 8530 SW Pfaffle Street Tigard, OR 97223 • Date of the Report: June 21, 2001 Report Submitted To: Dave Dalton 1. Double trunk Black Locust, 12"-8" D.B.H. Good condition 2. Black Locust, 36" D.B.H. Good condition 3. Triple trunk Western Red Cedar, 4"-5"-10" D.B.H. Good condition 4. Double trunk Western Red Cedar, 5"-10" D.B.H. Good condition NOTE: Trees #1, 2, 3 & 4 will need to be removed to accommodate road & sidewalk improvements. 5. Double trunk Poplar, 8"-10" D.B.H. Good condition 6. Double tr'ink Black Locust, 4" D.B.H. Good condition 7. Double trunk Poplar, 6"-8" D.B.H. Good condition 8-12. Wild Cherries, 6"-9" D.B.H. Good condition 13. Fruiting Cherry, 32" D.B.H. Good condition 14. Norway Maple clump of 5, avg. 7" D.B.H. Good condition 15. Norway Maple clump of 3, avg. 6" D.B.H. Good condition 16. Norway Maple clump of 6, avg. 8" D.B.H. Good condition 17. Western Red Cedar group:of 6, avg. 4" D.B.H. Good condition Respectfully, -7').7-2-6D-Le=71/ /274y., Raymond Myer, General Manager Tree Care & Landscapes Unlimited, Inc. Certified Arborist by the International Society of Arboriculture, License # PN-0160 Oregon Landscape Contractors Lic. # 11604 Oregon Dept. of Agriculture, Commercial Pesticide Applicators License # 00187 Residential and Commercial Spraying • Fertilizing • Pruning•Landscape Installation •Landscape Maintenance •Consultation MEMBER: National Arborist Association • International Society of Arboriculture • Oregon Association of Nurserymen Oregon Golf Course Superintendents'Association •Oregon Landscape Contractors Association State Licensed Tree Service#62635 • Landscape Contractor#5659 •Chemical Application#000231 • Insured P.O. Box 1566 • Lake Oswego, OR 97035 • 503-635-3165 •Vancouver 360-737-2646 • FAX 503-635-1549 .•i'`r:� __' `.•3(F....t'3}`i.iJ s' �tv w . �..'•...r.•t^'r'y:',ii�•.yt x�'r�✓. :•sk,.•i-�:•,-:-ra .r. '�•.l t i Q(J.:. 7..^_-t\r.^.♦.. �.. ► C: '-'c► i'r.� �•!i't rr.`:i.' ? r:S " +L.••,.':s:i.•.!r.'.$.•.vi!nr•tr•i i.T�rF t••e`_64�i��•.,i�..�:;v;F 1..s�r �3r;!!:•.i.xivM1 t::...f qle 4./ 1 J.022-1•4:.":41. : <� .i.`-J•r�.• 4k'y.:•+=.F.,ii�l':.�.....•i..-.:•.•:s`<..s•nlimltca •• •`~ - TREE PROTECTION PLAN • - j; Follow the below listed-instriictions in•order to;provide:-t#ie'proper protection before 4uring and after construction , ` $ ! BEFORE:. : • A Identify the.trees to be protected, verify by mapping and or tagging and note- • • their size.in D.B.H. (Diameter at Breast Height),variety, health and structural. conditions,.review plans. • B. Check with local ;government agencies for tree protection ordinances. C,.• Remove any-low:lirribs that might be in the way of construction equipment, and• • prune as needed to adhere-NAA standards. • :;D Leave a protective covering on the soil, i.e'. existing.ground cover or mulch. • E: Notify all'other•.contractors that these trees:are to be°savod and protected:- • fi Install a,temporary fence to protect the:trees and'their root systems. For every• inch in-diameter of the trunk (D.B.H.) allow'1 foot of radius from the trunk as: , • .. . --the protected:area Example 24" D.B:H . a. 24' radius of protected root system: "We need to'protect more than the drip zone. .The'drip Zone into the - trunk are the support roots that hold the tree up. The roots from that drip zone - " •. out provide.nutrition, water. & oxygen. • G. Identify any insect or disease..problems that may require treatment. ' H .::.Engineer. &design proposed structures and construction to'avoid root loss. • . _ "Bridge type foundations can-save°major.roots: 1: Design landscape islands,and planting areas large enough to accommodate trees at maturity. J. Plant the right tree in the right place. Avoid future conflicts with buildings and utilities. K. Have an experienced Arborist review landscape plan. L. Consider tree removals adjacent to trees to be saved for wind related stability concerns. M. Check for past:and proposed:grade and drainage changes, consider the.effects. N. Check trees for stability. O. Remove all trees that would not survive the effects of change: Remove all hazardous trees: P. Minimize environmental:changes. • :Residential and Commercial Spraying•Fertilizing Pruning•Landscape Installation•Landscape Maintenance•Consultation MEMBER: National Arborist Association•International•Society of Arboriculture•Oregon Association of,Nurserymen' Oregon Golf Course Superintendents'Association a Oregon Landscape Contractors-aa soci Lion• State Licensed Tree Service#62635 6.Landscape Contractor#5659•Chemical Applicationj#000231 •Insured • P.O:Box'-1566•• Lake Oswego;OR 97035 1503)635-3165.•Vancouver,(360)737-2646•-, AX(503)•635-'1549 • E-mail:TREECARELOAOLCOM A. Keeo.eilUipmeht off of the Toot systerrIr.tO avoid conlOaction:. , • - - - paint-herbicides, cleaner-, thinners, etc. , - :by in ISA Certified.- Proteot-The trees fr-orri'd'itetsive•heat,"-i.e..-,-equiOrnent-;'paving and/or burning. . - . G. .AVOid trenching through.the root systeMS, boring under them or hand digging -can save rocits. • • : • A: - taiefullii:lehaSoape:The.ei.ea Under the-tree,'beihg careful ofAtie roots and . truCture' Use•-plantings that will live under the same conditions as that of the _ _ ' DS) coef exiiting;root then-2"-of 'Soil. The More soil •-• ••• E:. -063x-fide irrigatioh ahd.6('Arainage to amulata pre-construction conditions. • • NOTE: It would be imOossible to prOvide all of the above protection Measures, however the . more roots that can be saved and the least amount of surrounding environmental changes • - that we Can prevant; the greater the chanceS of Saving existing trees. Often it is-best to replant with the right tree in the rightplaCe so it can grow in the new environment. • • • • • 4 R0 ItO ,o • g0 IC)0 W i1-� afretrs 6.1-9 hI It W , lc0 f`1M. t7 7 O V 8r C.Ac ry 01 O r , (., C- �P�v . 32" CtUY•t° 110 O w4y S M414_ CL"? $v 17 0 reOposec ` u s Lo-- v J ,....„O 3 C O eck I Ix`s3\-,`'-‘ck 5 30 Su) S o TAr_vc 0 O lytc N t_o4cust pky- 0, 91-2.2.3 '4 u;cs v.+ R4�Cc�l I _ 1 O/ ,(6Lk Li-z:4-k- ilk Coc.tist 5 0 0� O $Ipse0e05<A S�4>\.ew0.lk / \ Cale 1 " 210. 1 -e x,s� N �1 <-y N er `('c� V Q n� 6,- 21-01 4•S:cir`\,vt, ' PI ) O I (a0 \ Cec �� `S lSc4pe 3 UY.tv W...\1-4 lnc 10-U. 60,c IS to 6 L-0. 0►,e 9 703S • • • • k1Nicoli ROSS emir 11..PprIt to•pt 47723 1)A LT1 © ' i , 5iT JJJ J EI_$ .,.2 Kw Fe ill 120.4011 coAaz• �RECG �J ' ABBREVIATIONS BUILDING INFORMATION PROJECT INFORMATION TABLE OF CONTENTS Ma •0001•01 ng,.. ,.e. ..a..� ..i..O. ..o. • Mt 41.11.4011 HNC Pl.C711.0001 COMPLICTT TT. TM r a.... ...Le...,MM.= _ , ..o .� "` K ... .. ,. lrvoe K ll LOOM."ISM`u'� a,:.,.aeon .w.e..e..�..w m.n.e,.s. .row rw..ml ..w•nw u'�►a. _r" .., ,...""' v ..c.n....e...o... 1•1-a arr�e:v ..n ,ar_lu TO CPI IMMO OM 001.4.0.. Lam °° , DESIGN CRITERIA � •� �.MINS Col =TIM L ux.nn* uu. ra..i+r ru....n WV .:++o.mraoro mesa ......e r®. v MOOR a I .ea.•. •6+0 0. FLOW•COM mean. r �� ..cr..•u L .0-0•4•00 Ma rem,Onvonfmt Conn CM•00.1 at Mann TY t.X..• /.s...WK m.Etar ral l assn laws .t u ww..v.epw Oft ORM 0110.0. Mnanote• am..M. 0.010•01I PROJECT DESCRIPTION R°'° ' °` "°"•""°°° CM. 10000 PILM 11.0•10 MAC.00 up,. toe yara am. Ay.� W ry..M1e.M010000..Kr.r...weaaa�r...are .006.000 1.000 AIT.O.T.PST �� n'MCS.'te/v1.00h�so prr.. wow. J. nom/ •Lrv. 000001 MC 0-01014 Let.0.0.do.T. __ wC.1V M.K�• 11001. 000 IMM'V Yb...aT..w. root 000. IA. BUSINESS DESCRIPTION "`° M Imo 0 Mal .00 DALTMS CA d......a.w.... ..... ••••• ■•■ .. ., NI rm. all000•0 WO S.W.PA/TLL St n..m Tn. *.w.r r... rw..A A..e...0 :...n• e....mr O v.....w MA •,..• TTICAL ... v ..�.. ...v.wa.l VICMfTY MAP DAVE DALTON a Vim... .......... A..M...... '°`,M�....... ..•.a.n.•.. a....., 17130 n Yd...P4 .tins :. ..0.010 Huai Onion -Ct .N •w..n .e. ..r.. ,/OM o.�. �n-a ..e. 3.• . r.y:� w?WO w.... . Is"'�t LA '' Ola.ht DA Job 1 CO-1101 i!" >••H M.: r-CDSa • SITE DEVELOPMENT 9iEEt R,r..AIL.,,A., 0.1 • • • • I \N co '1 \ i `•\ • 4! 3 I N. P4:LS 1 i.: # .10001.Mr.r... • ,rimier•w �•.•°OM......a - -N c) 1.1.•. 0.1% . N. • u 1 ! NN sm..iOe. -- •—•—•—•—•—• "7I'Lm ''—'—' ' Law ra ..a. ` .nee,.•..aw KO RMt9O9 mSRE PLAN�.b� ! �.>.�.�..' �`� V, V i _ I (�u"'1 - 4 �� e.:� ro .w nem overt 917E INFORMATION � � ! ,b • / y KAM I 1- DALTOt{3 CAI ..,n n.. .�,Y:..—__—..—_.—v �_:_ _—__—_.—'�:°,t i f�'1—.—. O9,W S.W.RAMC St. do...... r .. rr••• ,'�--_—•—_—_—_—• �`i O..i.a...o ' i• •m..,n. � noAR4 OREGON R72t�• 1...:. .,rr... ,..... 4 /.i 40j•.. _z ...e..•.t..� °' ""°° DAVE DALTON r..�• ^w �mr 17030 S.I1d...R/ w....r..—r..4, nu•. °� .r. mro� 715.{Oro". 07224 Ore 1-10-01 Sere Al VON .......,... r.. - - --- - --- - - -awePFnt+lESlt,eel- - - ------- --- '�*b ai a.a..b ad eae We u,neernrni,u•t VTR VI.T 1ua= J.•Ile 00-1101 naew••n ire ..r .ner .Oewe•1 S� 1,31( Le '11•'•• 1..10..0.e.••eea110 .11.01.0-, 1 ••.p••••• •• ••ROOM, a SITE PLAN 5(iE PLAN 1W 1r»•w•r.•ar...•r.e.we...._1 ,,,e,•'0- 1�•r.e•..•u•.na••..17•..0..0 new .e.e 1.•10 No 1 .1 i • • 1 ico i • .1._.- 1®110,Y►.IRK eT RID le lamas GIFU Inm n _ 1. 1 I H.E1A12741 ORC11T4 , • e1101WALL • I—71–it ..a..ca O• l oee, .0 v u i 0,...., 1 O 9 KJ n it,1.7-e4 a,r PRYER ° -WOO WALL �wor.. , o ee ECYCLE RAO: L os " I • 09e LANDSCAPE NOTES e, o l ALL LIIMLOCAP•O OVA MALL DO r•OVICOO IA.1 Omeutwal im Wear ITNT0/Cr•••..a r...n..o w PM OJTSI 0 neat• °•:. ..aaT.e..e•. I AMA ll•Orl o WO•"" .LOOT•e.-,...n,.m• o P� ,.:,o, y .TOY,I O..nT.�.Oat••P.M TO sew«w. . o-e. • ,IILM X01 Arai I ohs' ...,,a.m O ,. .. 0 ® .... �_. I DAITCNB CAI,• .. .. R.,... o 5370 0.19 tN7R1 St C..Y.r.... m ,� eeAAO,atom nus TO INMAN 6.ALL LANCOO....61 AM.W..MI 000MAMALV NAATAAND NO 0 os;; ! ent o ® DAVE DALTON . °® I • - --- 171 t.Memo M I i 0-.•-' d • 119.1+.96.1.1 97774 t... At 1117.• OTT LOOAecAPE�� SO-MULE _.e.. - - l 1� 1 1 �� I l l l l f �V I I I I I .:: " ,,,, U u•••••., 1-1n41 • » 0 ¶Z=7,-.e.m. .v r Oa • 0 — ...COO..O,a„ • ® t..Oe•.a.a..W,e.... ..,r. ,...., • D ^" '""" I.r LANDSCAPE /\ LANDSCAPE PLAN PLAN V III 1..4 91/7 '�""' p1 .2 , • NNicoli ••_��_ ®S{e...!-Mr(b AID mar, - — , ''.. i'''.4i::;''':. .,it:4.1..1.1'.."..1 it-r , .:,... :''',2•,..',-Q•e: %.?..tl•NA..!-- '•4....e',• - : � :.c;. 'V.•r•R:..r i`t ::; • \Nicoll WS It Cully S.-t,.,%go MU I� I 0 W L firs t f3 13 P9 13t T + f S t f.3 bilf FIS}.i?kLd+ fns /;� f I EAST ELEVATION O NORTH ELEVATION P+oat DALTON'3 CA•, !S]9 S.W.MT.(St. 71C.RO,CRCCCN 0223 "A t; •3z it/F`f`� ";erc.'� .::}i•t+4 } ), t A _ fft QOM h °°.°'°'° © ��....3 I ,, a...,.,..ao... ��. `.�� ,.®®L .. . +. DAVE DALTON °� �� NlnhNinlmuimqui— tl I��I��lil� ..... re'>::::':<_-=..= »w a 1101. .QQ QQ= ,i:..4 I �*s.,...014.,.:(14?:'3 ' I �I i o.,. ...xs-m _____ - — S.d. ,/.'.r-d - 1.....f DJ. o.a■7 }r Jab M. 01.1101 tt.•.y,,. ',AT O WEST ELEVATION O SOUTH ELEVATION SITT 3.1 J. '` .•02/16/01 11:55 22503 625 6179 PRIDE DISPOSAL 1Q003/003 ---13eWt Bt: NICOLI ENGINEERING INC.. 503 684 3636; FEB-16 11 :33AM; PAGE 2/2 ` I \ 1�1 , -,AiLr i T4)c LOT Q ? N. M I `N 1 Ns (i) N t„.4111* • - 1M.11/4 s I `\ r x i4 N Iie,/..---emvey I ; ` i I i --, = = I I 64=cum,4.0 macro/to*Are 0 i 1.1.m*TOP. A.p WOKS C b#'Y : : 7.----LNIX------7 L- 1 q -- I a 1 c i . TO WYO. 1 /= , • i - TO 111.41115.T j • .....r• made n.1179 fsTaaa+as ,L tou.rri 100X--.„ ME '�/�Y .r-1-rmr41e° I 4 � ax�• ..- GATY MO } • �P4 DOaTP CA • W er..wa MOM %; ' DIE Z.. P. - � 11 Al � K T- ----�� MOM onDORM----- J DORM wr#..00a.+o P..Ris Tanerw,vr•a,ICsa TO.1110-50.10 100..vc rata crta TO Br ..ms Aloe oauc gLDCATIC b MILLED bR4tO0 Nrfr IX•flW maraca ei tn -----3.W. PFAPPLE STREET-------------------------------V.' AFF 7 PF L /k SITE PLAN 1411,P ,II, 1.-1, BETE "JP —.--- — - — _ .. ._—. — ----------- — Q PROJECT: DAL TON'S GATEfRING �� s" I TKriMRp, 0�25CaON 9'1]3' ti VICINITY MAP DATE: 11-8-00 JOB NO. 00-01101 PREPARED BY,DJL CLIENT: DAVE DALTON PAGE NO. 1 OF 1 AG EDGMENT Off_ 7 Y" �� . � AGENCY ACKNO;WL ;..y ,q I a i,' Seller and uyer hereb�ac`kn//owledge and consent to the following age relationship in this tra sa n: 1 r 2 i1) X1011 ,/'1//7/)J (selling licensee)of 7//1�0�/1�.1���I f e1 (selling firm)is the agent of(check one), ::2 e Buyer exclusively("buyer agency"). 0 the Seller exclusively("subagency"). 0 both the Seller and the Buyer("in-company transaction"). 3 0 0 (2) (listing licensee) of (listing firm) is the agent of 4 (check one):0 the Seller exclusively. ❑both the Seller and the Buyer("in-company transaction"). 5 a ' Buyer shall sign this acknowledgment at the time of signing this Agreement before submission to Seller. Seller shall sign this acknowledgment at the time this •d m a Agreement is first submitted to Seller, even if this Agreement will be rejected or a counter offer will be made. Seller's signature to this Foal Agenyy i o Acknowledgment shall no stitute acce I ce o he greement or any terms therei B Buyer Signature Print /Q , D '` Date -/ Z.'7 OJ p Buyer Signature Print Date •10 ' Seller Signature 1. i w < - - Print D � � S� "AA- Date U-Z7-o o �1_ / Print f'nlc-4N we1 \ P \u,r Date 'f.-2 7-q O , _12 Seller Signature �,, - 'REAL'ESTATE SALE AGREEMENT. ;.13 Upon signature by Seller and Buyer,this Agreement is a legal and binding contract. 14 If not understood, seek competent legal advice before signing. 15 DEFINITIONS:All references in this Agreement to"licensee"or"firm"shall refer to real estate agents and their brokerages,respectively,licensed in the State is of Oregon pursuant to ORS Chapter 696. 17 Buyer (print name) '. �Jk/7� , offers to purchase 18 from Seller(print name) /) 7 /J./)/ .)/f://�!!)C/ •/ 7///J/2 � /. �//////,�, ,the following described 19 o real property(hereinafter"the Property")situated in the C'O%ty of / i i ' , ,State of Oregon(legal 20 Q des rption): I .O/7 !.' /'� 1 ! f - Z 21 o o //.. . X41- _ 40 d I ' J# . • -, - e - ..lz . 22 o and commonly known as(street address): • l ,!om'/sr_ AIG% �r I' 23 afor the purchase price(in U.S.currency)of / ,,--,,/WV/ AS `Sc UZZ 24 on the following terms:Earnest money herein receipted for B $ <9,/WV 25 on as additional earnest money,the sum of C $ 26 at or before closing,the balance jef down payment. • D $ c330 27 at closing and upon livery of DEED 0 CONTRAC the sum of(Lines B,'C,D and E must equal Line A) • E$ l Sr : 28 Payable as follows:/�� /) 4 5/�4/ ( 1/1 io/7-.0/J/7,, ) / „ 71././.- /4/Z) / r://,/,/‘J, r-2U/� A 29 / 1V/ G / / A L . .i. I I . . / / U 1'f .y • , _ /v . O i/C'/gr•, `y /J�7/f/J/ . -717 l/L/'/T/()l /0/1/71/8)/ /91--7 J 7J�%y/)7)/,&).16../ For additional details,see Addendum /4 31 o BUYER REPRESENTS THAT:Buyer has sufficient funds available to close this sale in accordance with this Agreement and is not relying on any contingent 32 .� source of funds unless otherwise disclosed in writing herein. 33 c , • IF A NEW LOAN IS REQUIRED,THIS TRANSACTION IS SUBJECT TO BUYER AND PROPERTY QUALIFYING FOR THE LOAN. Buyer agrees to make 34 CD 20_ written loan application not later than D business days from date this Agreement is signed by all parties,complete necessary papers, and exert best 3s o efforts,including payment of all application,appraisal and processing fees,in order to procure the loan. 36 T .� REQUIRED REPAIRS:Seller agrees to pay a total of not more than$1)6gbi'1Ol9/P_for repairs identified in any inspections requested herein by Buyer 37 Cir, cu and/or for any repairs identified by lender as a condition to granting Buyer's loan. 38 cr cc TITLE INSURANCE:Unless otherwise provided herein,this transaction is subject to Buyer's review and approval of a preliminary title report and the recorded 39 covenants,conditions and restrictions("the report and CC&Rs")showing the condition of title to the Property. Upon execution of this Agreement by all parties, 40 Seller will,at Seller's sole expense,promptly order the report and CC&Rs from an Oregon title insurance company and furnish them to Buyer. Upon receipt 41 U of the report and CC&Rs,Buyer shall have- . business days(five if not filled in)within which to notify Seller,in writing,of any matters disclosed in the report 42 and CC&Rs which is/are unacceptable to Buyer("the objections"). Buyer's failure to timely object, in writing,to any matters disclosed in the report and/or 43 ~ CC&Rs shall constitute acceptance of the report and/or CC&Rs. If,within business days(five if not filled in)following receipt of the objections,Seller fails 44 to remove or correct the matters identified in the objections,or does not give written assurances reasonably satisfactory to Buyer that they will be removed 45 prior to the closing date,all earnest money shall be promptly refunded to Buyer and this transaction shall be of no further binding effect between Seller and 46 Buyer. Within thirty(30)days after dosing, Seller shall furnish to Buyer an owner's standard form policy of title insurance insuring marketable title in the 47 Property to Buyer in the amount of the purchase price,free and dear of the objections and all other title exceptions agreed to be removed as part of this transaction. 48 y ADDITIONAL PROVISIONS: &)t/Or f-P/CJ th bUv S l/0Oi7T. 49 To c O F2 5(1 a o -- 51 a For additional provisions,see Addendum 52 O 1998, No portion may be reproduced without express permission of Oregon I A•r -men(N ET'�rj�+ Real Estate Forms, LLC, a wholly-owned subsidiary of the Eugene, Portland Metropolitan and Oregon Associations of REALTORS® Buyer Initials •• Date e?-4' OREF 001-1 08/98 REAL ESTATE SALE AGREEMENT-Panp1 of 5 door i.,u,i.- DVW>-- nar. q.27" C-' • •\V. nless.otherwise herein provided, marketable . to the Property is to be conveyed by statutory % .nty deed (or good and.sufficient personal 53... ! representative or a trustee's deed, where applicable)free and dear of all liens and encumbrances of record except property taxes which are a lien• s4 0 but not yet payable,zoning ordinances,building and use restrictions,reservations in Federal patents,easements of record which affect the.Property or 55 area in which the Property is locateq, private covenants, conditions and restrictions of record for the development of which the Property isa part, 56 and /*2 0 7//tZ- 57 • 58 FIXTURES: All fixtures are to be left upon the Property. Fixtures shall include but not be limited to: Built-in appliances;attached floor coverings; 59 cdrapery rods and curtain rods; window and door screens; storm doors and windows; irrigation, plumbing, ventilating, cooling and heating fixtures; so a water heaters; attached electric light and bathroom fixtures; light bulbs, fluoresccjnt lamps; installed garage oor opener s) with remote control(s); 61 d o window blinds;awnings;fences;all planted shrubs,plants and trees;EXCEPT: I'IS/1lv/IJA/E� _70l � 62 la- ii PERSONAL PROPERTY:The following personal property,in"AS-IS"condition and at no stated value is included: 63 64 • E ALARM SYSTEM: NONE U OWNED U LEASED.If leased, Buyer U will U will not assume the lease at closing.Approximate monthly lease 65 a payment is$ . 66 BUYER UNDERSTANDS THAT SELLER MAKES THE FOLLOWING REPRESENTATIONS: 67 (1)The above dwelling is connected to r2'/a public sewer system; U an on-site sewage system; f a public water system; U a private well; 68 . (2) at the earlier of possession or closing date,the dwelling will have an operating smoke detector as required by law; (3) Seller has no 69 knowledge of any hazardous substances on the Property other than substances(if any)contained in appliances and equipment;(4) Seller 70 knows of no material structural defects;(5)all electrical wiring,heating,cooling,plumbing and irrigation equipment and systems and the 71 0 ., balance of the Property,including the yard,will be in substantially its present condition at the time Buyer is entitled to possession;(6)Seller 72 13 N has no notice of any liens to be assessed against the Property;and(7) Seller has no notice from any governmental agency of any violation 73 . of law relating to the Property,and(8)Seller agrees to promptly notify Buyer if,prior to closing,Seller receives actual notice of any event or 74 a, cc condition which could result in making any previously disclosed material information relating to the Property substantially misleading or 7s incorrect. These representations are based upon Seller's actual knowledge. Seller has made no investigation. Exceptions to items (1) 76 . through(8)are: WO ///"('J7//)/V-5 • 77 Buyer recognizes that asbestos commonly exists in insulation, ceilings,floor coverings and other areas in residential properties. Seller 7e makes no representations regarding the presence or condition of asbestos. 79 `N "AS-IS": Except for Seller's express written agreements and written representations contained herein,and Seller's Property Disclosure,if 80 Q z_-; any,Buyer is purchasing the Property"AS-IS,"In Its present condition and with all defects apparent or not apparent. 81 PRIVATE WELL: Seller represents that the private water well located on or serving the Property has provided an adequate supply of water throughout 82 the year for household use and,to the best of Seller's knowledge,the water is fit for human consumption and the continued use of the well and water 83 is authorized by and complies with the laws of the State of Oregon and appropriate governmental agencies.No other representation is made concerning 84 the water supply and well except as expressly stated in this Agreement.If the well provides water for domestic purposes,upon Seller's acceptance of 6s ▪ Buyer's offer, Seller,at Seller's expense,will have the well tested for nitrates and total coliform bacteria and for such other matters as are required by 66 the Oregon Health Division. Upon receipt, Seller shall promptly submit the test results to the Oregon Health Division and Buyer. Buyer, at Buyer's 87 ro expense, may have the well water tested for quantity or quality by a qualified tester, and obtain a written report of such test or tests, showing the es o_ deficiencies (if any) in the well and the standards required to correct the deficiencies, all within business days(seven if not filled in )after the 59 date all parties have signed this Agreement. If the written report of any test made by Seller or Buyer shows a substantial deficiency in quantity or so quality of the water, then Buyer may terminate this transaction by delivering written notice of termination, together with a copy of the test report, to 91 Seller or the listing licensee within 24 hours after the receipt by Buyer of the written test report unless,within 24 hours after delivery of notice of termination, 92 Seller agrees in writing to correct the deficiencies shown on the report. Any report obtained by Buyer will show what deficiencies,if any,are substantial. 93 INSPECTIONS: Buyer understands that a complete professional inspection of the Property is advisable. (check one) 94 .:1 PROFESSIONAL INSPECTIONS: At Buyer's expense Buyer may have the Property and all elements and systems thereof inspected by one or 95 more professionals of Buyer's choice. Provided,however,Buyer must specifically identify in this Agreement any desired inspections which may 96 include testing or removal of any portion of the Property due to the possible presence of any environmentally hazardous substance or condition. 97 0 Buyer shall have , business days (seven if not filled in), after the date Seller and Buyer have signed this Agreement, (hereinafter"the 98 Inspection Period")in which to negotiate with Seller regarding any matters disclosed in any inspection report. However,during the Inspection 99 a Period,Seller shall not be required to modify any terms of this Agreement already reached with Buyer. Unless a written and signed modification too c is reached, at any time during the Inspection Period,Buyer may notify Seller or listing licensee,in writing,of Buyer's unconditional disapproval lot of any inspection report,in which case,all earnest money deposits shall be promptly refunded and this Agreement shall be of no further binding 102 effect. If Buyer falls to provide Seller or listing licensee with written unconditional disapproval of any Inspection report(s)by Midnight 103 of the final day of the Inspection Period,Buyer shall be deemed to have accepted the condition of the Property. 104 U SEE ATTACHED ADDENDUM REGARDING PROFESSIONAL INSPECTIONS. 105 NOTE:Fill in preprinted number from Page 1 A 1998, No portion may be reproduced without express permission of Oregon Real Estate Forms, LLC, a wholly-owned subsidiary of the Eugene, Portland I` �`u �• - Metropolitan and Oregon Associations of REALTORS® Buyer Initials •,,/ Date C 7-103 OREF 001-7 Rev OR/98 RPM FRTATP qAl P Ar:PPPMFNT-Pane.9 of S c„u,..1.,;.;.,i, .7)4$1--4--- n-,,„ U. 7 T—Pc P : . , . . , , • _. 0 BUYER'S INSPECTION: Buyer has P ,__..tall y inspected the Property Y and all elements ands .,ems thereof. Buyer is fully ly satisfied and has 106 \I A� elected NOT to have any professional inspections performed. 107 I"vA``1l� LEAD-BASED PAINT INSPECTION: Buyer should check the box below only if Seller's Property was constructed before 1978 and Buyer desires to conduct too a risk assessment or inspection. 109 d 0 Buyer represents that Buyer intends to conduct a risk assessment or inspection to determine the presence of lead-based paint or lead-based ito m % paint hazards on the Property. Buyer may terminate this transaction by delivery to Seller or listing licensee written notice of Buyer's disapproval i i i IS• a of.the risk assessment or inspection within calendar days(TEN if not filled in)after the date this Agreements signed by all parties, in 112 which case this transaction shall be null and void. Buyer understands that the failure to give written notice 6f disapproval within said 113 period shall constitute acceptance of the condition of the Property solely as it relates to lead-based paint or lead-based paint hazards. 114 3 THIS SALE WILL BE CLOSED IN ESCROW: This transaction shall be closed at /ylilsnlrh7�?? ("Escrow"), a neutral 115 escrow depository located in the State of Oregon. Costs of escrow shall be shared equally between Seller and Buyer, unless Buyer is financing 116 W through Federal VA, in which case Seller shall pay escrow costs. MM 117 CLOSING:TIME IS OF THE ESSENCE.Closing shall occur on or before !!! Bj�or as soon thereafter as financing documents can be tie m prepared and marketable title delivered,but not to exceed C.� business days(ZERO if not filled in).This extension is not available if financing 1 is o documents are prepared and marketable title can be delivered on or before the specified closing date.The terms"closed"or"closing date"shall 120 mean when the deed or contract is recorded and funds are available to Seller.Seller and Buyer acknowledge that,for closing to occur by the 121 date specified,it may be necessary to execute documents and deposit funds in escrow prior to that date. 122 POSSESSION:Seller shall remove all personal property riot sold to Buyer and deliver possession of the Property to Buyer(check one):(1), by 5:00 o'clock 123 C p.m.on the closing date;(2) 0 by a.m./p.m. days after the closing date;(3) ❑by a.m./p.m on the day of . If a tenant is 124 N currently in possession of the Property:(check one): 0 Buyer will accept tenant at the time of closing; ❑Seller shall have full responsibility for removal of 125 w a tenant prior to closing date. 126 PRORATIONS: Prorates for rents, current year's taxes, interest on new or assumed obligations, and other prepaid expenses attributable to the 127 property shall be as of:(check one only)(1)/he closing date;(2) ❑date Buyer is entitled to possession;or(3) ❑ . 128 SELLER POSSESSION AFTER CLOSING: n the event that Seller and Buyer have agreed that Seller will deliver possession after the closing date, 129 Seller shall pay as consideration //1,/ per day for each day after closing that Seller remains in possession of the Property.Such 130 payment shall be made by Seller through escrow at the time of closing and no landlord-tenant relationship shall be created thereby. 131 See attached Addendum ,if applicable. 132 UTILITIES:Seller shall pay all utility bills accrued to date Buyer is entitled to possession and Buyer shall pay Seller for heating fuel then on premises, 133 5 at Seller's supplier's rate on the possession date.Payment shall be handled between Buyer and Seller outside of escrow. 134 INSURANCE: Seller shall keep the Property insured until closing. 135 ESCROW DEPOSIT: Escrow is hereby instructed by Seller,Buyer,Selling Firm and the Listing Firm(if any)as follows:(1)Upon your receipt of a copy 136 .N of this Agreement marked"rejected"by Seller or of Selling Firm's written advice that the offer is"rejected"by Seller,you are to refund all earnest money 137 • to Buyer.(2)Upon your receipt of a copy of this Agreement signed by Seller,Buyer,Selling Firm and the Listing Firm(if any),set up an escrow account 138 o° and proceed with closing in accordance with the terms of this Agreement. If you determine that the transaction cannot be closed for any reason 139 (whether or not there is then a dispute between the parties), you are to hold all earnest money deposits until you receive written instructions from 140 `i Seller, Buyer,Selling Firm and the Listing Firm(if any)as to disposition of such deposits. 141 EARNEST MONEY PAYMENT/REFUND: If (1) Seller does not approve this Agreement, or (2) Seller having approved this Agreement fails to furnish 142 a marketable title, or(3)Seller fails to complete this transaction in accordance with this Agreement,or perform any other act as herein provided,all earnest 143 to c ' money shall be promptly refunded to Buyer. However,acceptance by Buyer of the refund shall not constitute a waiver of other legal remedies available to 144 cr N c Buyer.If Seller approves this Agreement and title is marketable and:(1)Buyer has misrepresented Buyer's financial status;or(2)Buyer's bank does not pay, 145 E E when presented,any check given as earnest money;or(3)Buyer fails to redeem,when due,any note given as earnest money;or(4)Buyer fails to complete 146 w a this transaction in accordance with this Agreement,or perform any other act as herein provided,then all earnest money paid or agreed to be paid shall be paid 147 to Seller either as liquidated damages or as otherwise allowed under Oregon law,and this Agreement shall be of no further binding effect. It is the intention 148 of the parties that under no circumstances shall Buyer be liable to Seller under this Agreement beyond the amount of earnest money provided for herein. 149 C N m o BINDING EFFECT/CONSENT: This Agreement is binding upon the heirs, personal representatives, successors and assigns of Buyer and Seller. 1so mHowever,Buyer's rights under this Agreement or in the Property are not assignable without prior written consent of Seller. 151 m w FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT:The Foreign Investment in Real Property Tax Act("FIRPTA") requires every person who 152 purchases real property located within the United States from a"foreign person"to deduct and withhold from the Seller's proceeds ten percent(10%) 153 CI_ of the gross sales price, with certain exceptions, and to pay the amount withheld to the Internal Revenue Service.A-foreign person"includes a non- 154 CC resident alien individual, foreign corporation, foreign partnership, foreign trust and foreign estate.Seller and Buyer agree to execute and deliver, as 155 LL appropriate,any instrument, affidavit or statement,and to perform any acts reasonable or necessary to carry out the provisions of FIRPTA. 156 THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES.THE 157 PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS,WHICH,IN FARM OR FOREST ZONES,MAY NOT AUTHORIZE CONSTRUCTION 158 NOTE:Fill in preprinted number from Page 1 0 1998, No portion may be reproduced without express permission of Oregon °ire A9 7.2 5 Real Estate Forms, LLC, a wholly-owned subsidiary of the Eugene, Portland �/ Metropolitan and Oregon Associations of REALTORS® Buyer Initials Date _ Z 1.6- r1RFF 001_'l a.+,. naioa nrA I COrATC C., r ACnrr-ur.,T n___ -., 1c.,n.,.I,.;,-,I.. 1,. . , n.,,,. ./.%7- rC, MRY-03-2000 1643. P.83iO3 SETTLEMENT AGENT: Transnation Title Insurance Company 5000 S.W. Meadows Road, Suite 190 SELLER'S ESTIMATED SETTLEMENT STATEMENT Lake Oswego, Oregon 97035 Date of Proration : May 8, 2000 Escrow No. 4326609r Escrow Officer: ROBIN L. COCHEU May 3, 2000 Property Address: 8530 SW PAFFLE STREET, TIGARD, OR 97223 DEBIT CREDIT SELLING PRICE 150,000.00 Payable to Seller 65,000.00 TITLE CHARGE(S): 212,50 Escrow Fee 570.00 Owner's Policy 50.00 City Lien Search 50.00 Transfer Tax • PRORATION(S): AT PER FROM TO Taxes 1,455.29 annum 05-08-00 07-01-00 214.71 TOTAL AMOUNT DUE TO SELLER 84,307.21 TOTALS $ 150,214.71 $ 150,214.71 DONALD M. SCHAFFER MICHAEL T. MUNCH SETTLEMENT AGENT: Transnation Title Insurance Company 5000 S.W. Meadows Road, Suite 190 Lake Oswego, Oregon 97035 TOTAL P.03 CITY OF TIGARD tI PRE-APPLICATION CONFERENCE NOTES CITFtRD'l [QO" Community(Development (Pre-Application Meeting Notes are Valid for Six (6) Months) Shaping II Better Community NON-RESIDENTIAL [PRE-APP. 2 MTG.PATE: ii/2.1 F AT PRE-APP.: Thy/B2 APPLICANT: j4ve Dql+on AGENT: Nito%' enqAteerr` Phone: ( ) 639— -)2...1! Phone: ( ) g2-0 — Z0V PROPERTY LOCATION: ADDRESS/GEN. LOCATION: E53O 5W frrqfge - TAX MAP(S)/LOT#(S): _/S/3sDA 1 /a co NECESSARY APPLICATIONS: .S1e 1.)eveire4 j2tvbelei PROPOSAL DESCRIPTION: (.onv GiG4A-2 test'Oe'.oe4 /.Pmrruq( l '/C '-, zslo �,sA".€ �Pe'r .�u/v/ccs V� agss/�cam% ) COMPREHENSIVE PLAN MAP DESIGNATION: -eA4/ ZONING MAP DESIGNATION: C—P ` i°1b ►zs'^-j mttcrc-.'1 p C.I.T. AREA: FACILITATOR: PHONE: (503) T�I#D!D DISTRICT DIMENSIONAL REQUIREME MINIMUM LOT-SIZET? sq. ft. Ave age lot width: T° ft Maximum building height: Y--C- ft. Setbacks: Front 0 ft. Side 9"Zo . Rear 9'2o ft. Corner - ft. from street. MAXIMUM SITE COVERAGE: F5% Minimum landscaped or natural vegetation area: /5- %. (Refer to Code Section 18.52.0. -2-1 *'26i re / 4144.5 (csp4Je1,44/ hc. Si 9�'6 nes. Ziraic 716 e9,c ADDITIONAL LOT DIMENSIONAL REQUIREMENTS MINIMUM LOT FRONTAGE: 25 feet unless lot is created through the minor land partition process. Lots created as part of a partition must have a minimum of 15 feet of frontage or have a minimum 15-foot wide access easement. The DEPTH OF ALL LOTS SHALL NOT EXCEED 21/2 TIMES THE AVERAGE WIDTH, unless the parcel is less than 11/2 times the minimum lot size of the applicable zoning district. [Refer to Code Section 18.810.0601 CITY Of TIGARD Pre-Application Conference Notes Page I of 9 NON-Aaidentinl Application/Pluming Division kuion Na .nJ!.. --1° t ' PECIAL SETS S STREETS:_ feet from the centerline of ' ' ➢ LOWER INTENSITY ZONES: feet, along the site's _boundary. • FLAG LOT: 10-FOOT SIDE YARD SETBACK. (Refer to Code Chapter 18.7301 PECIAL BUILDING HEIGHT PROVISIONS BUILDING HEIGHT EXCEPTIONS - Buildings located in a non-residential zone may be built to a height of 75 feet provided that: A maximum building floor area to site area ratio (FAR) of 1.5 to 1 will exist; y All actual building setbacks will be at least half (1/2) of the building's height; and ➢ The structure will not abut a residential zoned district. (Refer to Code Section 18.130.010.83 PABNG AND ACCASS• REQUIRED parking for this type of use: •S f,�'' �g , /1//h,. y 000 /h VX Parking SHOWN on preliminary plan(s): ✓� SECONDARY USE REQUIRED parking: Parking SHOWN on preliminary plan(s): NO MORE THAN 50% OF REQUIRED SPACES MAY BE DESIGNATED AND/OR DIMENSIONED AS COMPACT SPACES. PARKING STALLS shall be dimensioned as follows: ➢ Standard parking space dimensions: 8 feet, 6 inches x 18 feet, 6 inches. ➢ Compact parking space dimensions: 7 feet, 6 inches x 16 feet, 6 inches. Note: Parking space width includes the width of a stripe that separates the parking space from an adjoining space. Note: A maximum of three (3) feet of the vehicle overhang area in front of a wheel stop or curb can be included as part of required parking space depth. This area cannot be included as landscaping for meeting the minimum percentage requirements. [Refer to Code Section 18.765.040) Handicapped Parking: All parking areas shall PROVIDE APPROPRIATELY LOCATED AND DIMENSIONED DISABLED PERSON PARKING spaces. The minimum number of disabled person parking spaces to be provided, as well as the parking stall dimensions, are mandated by the Americans with Disabilities Act (ADA). A handout is available upon request. A handicapped parking space symbol shall be painted on the parking space surface and an appropriate sign shall be posted. • BICYCLE RACKS ARE REQUIRED FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in convenient locations. Minimum number of accesses: _ Minimum access width: Minimum pavement width: 2/' All driveways and parking areas, except for some fleet storage parking areas, must be paved. Drive-in use queuing areas: [Refer to Code Chapters 18.165 and 18.705) CITY Of TIGARD Pre-Application Conference Notes Page 2 of 9 NON-Resdentiil Apphotion/Planing Damon Section LKWAY EQUIREMEN W SHALL EXTEND FROM THE GROUND FLOOR ENTRANCES OR FROM THE GROUND FLOOR LANDING OF STAIRS, ramps, or elevators of all commercial, institutional, and industrial uses, to the streets which provide the required access and egress. Walkways shall provide convenient connections between buildings in multi-building commercial, institutional, and industrial complexes. Unless impractical, walkways should be constructed between a new development and neighboring developments. (Refer to Code Section 18.705.030) LOADING AREA REQUIREMENTS Every COMMERCIAL OR INDUSTRIAL BUILDING IN EXCESS OF 10,000 SQUARE FEET shall be provided with a loading space. The space size and location shall be as approved by the City Engineer. (Refer to Code Section 18.765.080) LEAK SIGN AR y requires that CLEAR VISION AREAS BE MAINTAINED BETWEEN THREE (3) AND EIGHT (8) FEET IN HEIGHT at road/driveway, road/railroad, and road/road intersections. The size of the required clear vision area depends upon the abutting street's functional classification. [Refer to Code Chapter 18.7951 FFERI it8 SCREENIN - MCREASE PRIVACY AND TO EITHER REDUCE OR ELIMINATE ADVERSE NOISE OR VISUAL IMPACTS between adjacent developments, especially between different land uses, the City requires landscaped buffer areas along certain site perimeters. Required buffer areas are described by the Code in terms of width. Buffer areas must be occupied by a mixture of deciduous and evergreen trees and shrubs and must also achieve a balance between vertical and horizontal plantings. Site obscuring screens or fences may also be required; these are often advisable even if not required by the Code. The required buffer areas may only be occupied by vegetation, fences, utilities, and walkways. Additional information on required buffer area materials and sizes may be found in the Development Code. (Refer to Code Chapter 18.745) �, 4,A/ � r/ The REQUIRED BUFFER WIDTHS which are applicable to your proposal area are as follows: feet along north boundary. /0—2-& feet along east boundary. feet along south boundary. /o-zo' feet along west boundary. //13/6/e. e] r ✓>s rc., C.--fi ,11 IN ADDITION, SIGHT OBSCURING SCREENING IS REQUIRED ALONG: (LANDSCAPING STREET TREES ARE REQUIRED FOR ALL DEVELOPMENTS FRONTING ON A PUBLIC OR PRIVATE STREET as well as driveways which are more than 100 feet in length. Street trees must be placed either within the public right-of-way or on private property within six (6) feet of the right-of- way boundary. Street trees must have a minimum caliper of at least two (2) inches when measured four (4) feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the branching width of the proposed tree species at maturity. Further information on regulations affecting street trees may be obtained from the Planning Division. A MINIMUM OF ONE (1) TREE FOR EVERY SEVEN (7) PARKING SPACES MUST BE PLANTED in and around all parking areas in order to provide a vegetative canopy effect. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. These design features may include the use of landscaped berms, decorative walls, and raised planters. For detailed information on design requirements for parking areas and accesses. (Refer to Code Chapters 18.745,18.765 and 18.705) CITY OF TIGARD Pre-Application Conference Notes Page 3 of 9 NON-Resdental Application/Planning Drama t coon SIGNS SIGN PERMITS MUST BE OBTAINED PRIOR TO INSTALLATION OF ANY SIGN in the City of Tigard. A "Guidelines for Sign Permits" handout is available upon request. Additional sign area or height beyond Code standards may be permitted if the sign proposal is reviewed as part of a development review application. Alternatively, a Sign Code Exception application may be filed for review before the Hearings Officer. [Refer to Code Chapter 18.7801 SENSITIVE LANDS The Code provides REGULATIONS FOR LANDS WHICH ARE POTENTIALLY UNSUITAB ,E FOR DEVELOPMENT DUE TO AREAS WITHIN THE 100-YEAR FLOODPLAIN, ATURAL DRAINAGEWAYS, WETLAND AREAS, ON SLOPES IN EXCESS OF 25 PERCE , OR ON UNSTABLE GROUND. Staff will attempt to preliminary identify sensittcie Tans s at the pre- application conference based on available information. HOWEVER, the responsibility to precisely identify sensitive land areas, and their boundaries, is the responsibility of the applicant. Areas meeting the definitions of sensitive lands must be clearly i dicated on plans submitted with the development application. Chapter 18.84 also provides regulations e use, protection, or modification of sensitive lands areas. RESIDENTIAL DEVELOPMENT PROHIBITED WITHIN FLOODPLAINS. [Refer to Code Chapter 18.7751 STEEP SLOPES When STEEP SLOPESr-eZii, prior to issuance of a final order, a geotechnical report must be submitted which addresses the approval standards of the Tigard Community Development Code Section 18.775.080.C. The report shall be based upon field exploration and investigation and shall include specific recommendations for achieving the requirements of Section 18.775.080.C. UNIFIED SEWERAGE AGENCY[USA]BUFFER STANDARDS,R&0 96-44 ___� LAND DEVELOPMENT ADJACENT TO SENSITIVE AREAS shall preserve and maintain or create a vegetated corridor for a buffer wide enough to protect the water quality fy.nctioning of the sensitive area. Design Criteria: The VEGETATED CORRIDOR SHALL BE A MINIMUM OF 25-FEET-WIDE, measured horizontally, from the defined boundaries of the sensitive area, except where approval has been granted by the Agency or City to reduce the width of a portion of the corridor. If approval is granted by the Agency or City to reduce the width of a portion of the vegetated corridor, then the surface water in this area shall be directed to an area of the vegetated corridor that is a minimum of 25 feet wide. The maximum allowable encroachment shall,be 15 feet, except as allowed in Section 3.11.4. No more than 25 percent of the length of the vegetated corridor within the development or project site can be less than 25 feet in width. In anyase, the average width of the vegetated corridor shall be a minimum of 25 feet. / Restrictions in the Vegetate Corridor: NO structures, development, construction activities, gardens, lawns, application of chemicals, dumping of any materials of any kind, or other activities shall be permitted which otherwise detract from the water quality protec . n provided by the vegetated corridor, except as allowed below: :- A GRAVEL WALKWA OR BIKE PATH, NOT EXCEEDING EIGHT (8) FEET IN WIDTH. If the walkway or bike paths paved, then the vegetated corridor must be widened by the width to the path. A paved or gr vel walkway or bike path may not be constructed closer than ten (10) feet from the boundary of the sensitive area, unless approved by the Agency or City. Walkways and bike paths shall be constructed so as to minimize disturbance to existing vegetation; and WATT-QUALITY FACILITIES may encroach into the vegetated corridor a maximum of ten (10) feet with the approval of the Agency or City. Location of Vegetated Corridor: IN ANY RESIDENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCELS or lots intended for separate ownership, such as a subdivision, the vegetated corridor shall be contained in a separate tract, and shall not be a part of any parcel to be used for the construction of a dwelling unit. (Refer to R&0 96-44/USA Regulations-Chapter 3,Design for SWMI CITY OF TIGARD Pre-Application Conference Notes Page 4 of 9 NON-Resdennil Apphuuon/Plmning Dnis,on Sernuo WATER RESOURCES OVERLAY DISTRICT The WATER RESOURCES (WR) OVERLAY DISTRICT implements the policies of the Tigard Comprehensive Plan and is intended to resolve conflicts between development and conservation of significant wetlands, streams and riparian corridors identified in the City of Tigard Local Wetlands Inventory. Specifically, this chapter allows reasonable economic use of property while establishing clear and objective standards to: protect significant wetlands and streams; limit development in designated riparian corridors; maintain and enhance water quality; maximize flood storage capacity; preserve native plant cover; minimize streambank erosion; maintain and enhance fish and wildlife habitats; and conserve scenic, recreational and educational values of water resource areas. Safe Harbor: The WR OVERLAY DISTRICT ALSO MEETS THE REQUIREMENTS OF STATEWIDE PLANNING GOAL 5 (Natural Resources) and the "safe harbor" provisions�f the Goal 5 administrative rule (OAR 660, Division 23). These provisions requite that "significant" wetlands and riparian corridors be mapped and protected. The Tualatin Ricer, which is also a "fish-bearing stream," has an average annual flow of more than 1000 cfs. Major Streams: Streams which are mapped as "FISH-BEARING STREAMS" by the Oregon Department of Forestry and have an average annual flow Ies than 1000 cubic feet per second (cfs). :- Major streams in Tigard i clude FANNO CREEK, ASH CREEK (EXCEPT THE NORTH FORK AND OTHER TRIBU ARY CREEKS) AND BALL CREEK. Minor Streams: Streams which are NOT "FISH-BEARING STREAMS" according to Oregon Department of Forestry maps . Minor streams in Tigard include Summer Creek, Derry Dell Creek, Red Rock Creek, North Fork of Ash Creek and certain st brt tributaries of the Tualatin River. Riparian Setback Area: This AREA IS MEASURED H RIZONTALLY FROM AND PARALLEL TO MAJOR STREAM OR TUALATIN RIVER TOP-OF-BANKS, OR THE EDGE OF AN ASSOCIATED WETLAND, whichever is greater. The riparian setback is the same as the "riparian corridor boundary" in OAR 660-23- 090(1)(d). :- The standard TUALATIN RIVER RIPARIAN SETBACK IS 75 FEET, unless modified in accordance with this lhapter. The MAJOR STREAMS RIPARIAN SETBACK IS 50 FEET, unless modified in accordance with this chapter. ISOLAfEDD--WETLANDS AND MINOR STREAMS (including adjacent wetlands) have no riparian setback;however, a 25-foot "water quality buffer" is required under Unified Sewerage Agency (USA) standards adopted and administered by the City of Tigard. [Refer to Code Section 18.797.0301 Riparian Setback Reductions The DIRE TOR MAY APPROVE A SITE-SPECIFIC REDUCTION OF THE TUALATIN RIVER OR ANY MAJ R STREAM RIPARIAN SETBACK BY AS MUCH AS 50% to allow the placement of structures r impervious surfaces otherwise prohibited by this chapter, provided that equal or better protection for identified major stream resources is ensured through streambank restoration and/or enhance ent of riparian vegetation in preserved portions of the riparian setback area. Eligibility for Riparian Setback in Disturbed Areas. TO BE ELIGIBLE FOR A RIPARIAN SETBACK REDUCTION, the applicant must demonstrate that the riparian corridor was substantially disturbed at the time this regulation was adopted. This determination must be based on the Vegetation Study required by Section 18.85.050.C. that demonstrates all of the following: ➢ Native plant species currently cover less than 80% of the on-site riparian corridor area; ➢ The tree canopy currently covers less than 50% of the on-site riparian corridor and healthy trees have not been removed from the on-site riparian setback area for the last five years; ➢ That vegetation was not removed contrary to the provisions of Section 18.85.050 regulating removal of native plant species; CITY 01 TIGARD Pre-Application Conference Notes Page 5 of 9 NOM-Residential Applianon/Pinning Division Section ➢ That there will be no infringement into the 100-year floodplain; and ➢ The average slope of the riparian area is not greater than 20%. er to Code S - n 18.797.100) TREE REMOVAL PLAN REQUIREMENTS TREE PAN FOR PLANTING, REMOVAL AND PROTECTION OF TREES prepared by a certified arbonst s all be provided for any lot, parcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review, planned development, or conditional use is filed. Protection is preferred over removal where possible. THE TREE PLAN SHALL INCLUDE the following: > Identification of the location, size and species of all existing trees including trees designated as significant by the City; ➢ Identification of a program to save existing trees or mitigate tree removal over 12 inches in van caliper. Mitigation must follow the replacement guidelines of Section 18.150.070.D. according tics /, to the following standards: (W r • Retainage of less than 25% of existing trees over 12 inches in caliper requires a Er� mitigation program according to Section 18.150.070.D. of no net loss of trees; j, 4�` �� • Retainage of from 25 to 50% of existing trees over 12 inches in caliper requires that -f two-thirds of the trees to be removed be mitigated according to Section 18.790.060.D., ♦ Retainage of from 50 to 75% of existing trees over 12 inches in caliper requires that 50% of the trees to be removed be mitigated according to Section 18.790.060.D.; • Retainage of 75% or greater of existing trees over 12 inches in caliper requires no mitigation; > Identification of all trees which are proposed to be removed; and ➢ A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. TREES REMOVED WITHIN THE PERIOD OF ONE (1) YEAR PRIOR TO A DEVELOPMENT APPLICATION LISTED ABOVE will be inventoried as part of the tree plan above and will be replaced according to Section 18.790.060.D. [Refer to Code Section 18.790.030.CJ MITIGATION RE CEMENT OF A TREE shall take place according to the following guidelines: A replacement tree shall be a substantially similar species considering site characteristics. ➢ If a replacement tree of the species of the tree removed or damages is not reasonably available, the Director may allow replacement with a different species of equivalent natural resource value. ➢ If a replacement tree of the size cut is not reasonably available on the local market or would not be viable, the Director shall require replacement with more than one tree in accordance with the following formula: • The number of replacement trees required shall be determined by dividing the estimated caliper size of the tree removed or damaged, by the caliper size of the largest reasonably available replacement trees. If this number of trees cannot be viably located on the subject property, the Director may require one (1) or more replacement trees to be planted on other property within the city, either public property or, with the consent of the owner, private property. ➢ The planting of a replacement tree shall take place in a manner reasonably calculated to allow growth to maturity. IN LIEU OF TREE REPLACEMENT under Subsection D of this section, a party may, with the consent of the Director, elect to compensate the City for its costs in performing such tree replacement. [Refer to Code Section 18.790.060E CITY OF TIGARD Pre-Application Conference Notes Page 6 of 9 NON-Residential Application/Planning Division Section ( RRA1i --- The APPLICANT SHALL SUBMIT A NARRATIVE which provides findings based on the applicable approval standards. Failure to provide a narrative or adequately address criteria would be reason to consider an application incomplete and delay review of the proposal. [Refer to Code Chapter 18.3901 CODE CHAPTERS 18.330(Conditional Use) 18.620(Tigard Triangle Design Standards) 1"--'- 18.765(Off-Street Parking/loading Requirement) . 18.340(Director's Interpretation) - 18.630(Washington Square Regional Center) - 18.775(Sensitive Lands Review) 18.350(Planned Development) - 18.705(Access/Egress/Circulation) 1 8.780(Signs) 1 8.360(Site Development Review) 1 8.710(Accessory Residential Units) 18.785(Temporary Use Permits) 18.370(Variances/Adjustments) 18.715(Density Computations) 18.790(Tree Removal) 18.380(toning Map/Text Amendments) 18.720(Design Compatibility Standards) ✓ 18.795(Visual Clearance Areas) 18.385(Miscellaneous Permit) 18.725(Environmental Performance Standards) - 18.797(Water Resources(WR)Overlay District) 18.390(Decision Making Procedures/Impact Study) - 1 8.730(Exceptions To Development Standards) 18.798 fireless Communication Facilities) 18.410(Lot Line Adjustment) 18.740(Historic Overlay) _-._- 18.810(Street 8 Utility Improvement Standards) 18.420(Land Partitions) 18.742(Home Occupation Permit) 1 8.430(Subdivisions) ✓✓ 18.745(Landscaping 8 Screening Standards) 18.510(Residential Zoning Distract) 18.750(Manufactured/Mobil Home Regulations) 18.520(Commercial Zoning District) ' 18.755 (Mixed Solid Waste/Reading Storage) 18.530(Industrial Zoning Districts) 1 8.760(Nonconforming Situations) ( IMPACT STUD/9 As-part of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to INCLUDE IMPACT STUDY with their submittal package. The impact study shall quantify the effect of the development on public facilities and services. The study shall address, at a minimum, the transportation system, including bikeways, the drainage system, the parks system, the water system, the sewer system and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication requirement, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. [Refer to Code Sections 18.390.040 and 18.390.0501 GHBO 0 ING THE RH APPJIMEETCANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET AND THE A OPRIATE CIT FACILITATOR AND THE MEMBERS OF ANY LAND USE SUBCOMMITTEE(S) of their proposal. A minimum of two (2) weeks between the mailing date and the meeting date is required. Please review the Land Use Notification handout concerning site posting and the meeting notice. Meeting is to be held prior to submitting your application or the application will not be accepted. [Refer to the Neighborhood Meeting Handout] SUBDIVISION PLAT NAME RESERVATION PRIOR TO SUBMITTING A SUBDIVISION LAND USE APPLICATION with the City of Tigard, applicants are required to complete and file a subdivision plat naming request with the Washington County Surveyor's Office in order to obtain approval/reservation for any subdivision name. Applications will not be accepted as complete until thety rec,ves the faxed confirmation of approval from the County of the Subdivision Name Reservatio [County Surveyor's Office: 503-648-88841 CITY OF TIGARD Pre-Application Conference Notes Page 7 of 9 HON-Resdential Application/Planning Oreision Section • BUILDING PERMITS PLANS FOR BUILDING AND OTHER RELATED PERMITS WILL NOT BE ACCEPTED FOR REVIEW UNTIL A LAND USE APPROVAL HAS BEEN ISSUED. Final inspection approvals by the Building Division will not be granted until there is compliance with all conditions of development approval. These pre-application notes do not include comments from the Building Division. For proposed buildings or modifications to existing buildings, it is recommended to contact a Building Division Plans Examiner to determine if there are building code issues that would prevent the structure from being constructed, as proposed. Additionally, with regard to Subdivisions and Minor Land Partitions where any structure to be demolished has system development charge (SDC) credits and the underlying parcel for that structure will be eliminated when the new plat is recorded, the City's policy is to apply those system development credits to the first building permit issued in the development (UNLESS OTHERWISE DIRECTED BY THE DEVELOPER AT THE TIME IN WHICH THE DEMOLITION PERMIT IS OBTAINED). CREeYCLING • Applicant should CONTACT FRANCHISE HAULER FOR REVIEW AND APPROVAL OF SITE SERVICING COMPATIBILITY with Pride Disposal's vehicles. CONTACT PERSON: Lenny Hing with Pride Disposal at (503) 625-6177. (Refer to Code Chapter 18.755) ADDITIONAL CONCERNS OR COMMENTS: / ,J • USA _5rvi'e f,7,11dl/' /c{ .c�flior 9�� atyi l /YlkJ pfovid( / vea( (4rk):> � 2Si . ce�7 ai."t�t^gro,.�l Cf; PROCEDURE Administrative Staff Review. Public hearing before the Land Use Hearings Officer. Public hearing before the Planning Commission. Public hearing before the Planning Commission with the Commission making a recommendation on the proposal to the City Council. An additional public hearing shall be held by the City Council. APPLICATION SUBMITTAL PROCESS All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the Community Development Department at Tigard City Hall offices. PLEASE NOTE: Applications submitted by mail or dropped off at the counter without Planning Division acceptance may be returned. Applications will NOT be accepted after 3:00 P.M. on Fridays or 4:30 on other week days. Maps submitted with an application shall be folded IN ADVANCE to 8.5 by 11 inches. One (1), 81/2" x 11" map of a proposed project should be submitted for attachment to the staff report or administrative decision. Application with unfolded maps shall not be accepted. CITY Of TIGARD Pre-Application Conference Notes Page 8 of 9 NON Residential Application/Planing Neiman Section The Planning Division and Engineering Department will perform a preliminary review of the application and will determine whether an application is complete within 30 days of the counter submittal. Staff will notify the applicant if additional information or additional copies of the submitted materials are required. The administrative decision or public hearing will typically occur approximately 45 to 60 days after an application is accepted as being complete by the Planning Division. Applications involving difficult or protracted issues or requiring review by other jurisdictions may take additional time to review. Written recommendations from the Planning staff are issued seven (7) days prior to the public hearing. A 10-day public appeal period foll ps all land use decisions. An appeal on this matter would be heard by the Tigard `f€4/7 5 t-4- c4, . A basic flow chart which illustrates the review process is available from the Planning Division upon request. Land use applications requiring a public hearing must have notice posted on-site by the applicant no less than 10 days prior to the public hearing. This PRE-APPLICATION CONFERENCE AND THE NOTES OF THE CONFERENCE ARE INTENDED TO INFORM the prospective applicant of the primary Community Development Code requirements applicable to the potential development of a particular site and to allow the City staff and prospective applicant to discuss the opportunities and constraints affecting development of the site. PLEASE NOTE: The conference and notes cannot cover all Code requirements and aspects related to site planning that should apply to the development of your site plan. Failure of the staff to provide information required by the Code shall not constitute a waiver of the applicable standards or requirements. It is recommended that a .prospective applicant either obtain and read the Community Development Code or ask any questions of City staff relative to Code requirements prior to submitting an application. AN ADDITIONAL PRE-APPLICATION FEE AND CONFERENCE WILL BE REQUIRED IF AN APPLICATION PERTAINING TO THIS PRE-APPLICATION CONFERENCE IS SUBMITTED AFTER A PERIOD OF MORE THAN SIX (6) MONTHS FOLLOWING THIS CONFERENCE (unless deemed as unnecessary by the Planning Division). PREPARED BY: 3T,//:,\y Ii9 d 4- CITY OF TIGARD PINNING DIVISION - STAFF PERSON HOLDING PRE-APP. MEETING PHONE: (503) 639-4171 FAX: (503) 684-7297 E-MAIL (staff's first name)@ ci.tigard.or.us H:\patty\masters\Pre-App Notes Commercial.doc (Engineering section:preapp.eng) Updated: 28-Feb-2000 CITY Of TIGARD Pre-Application Conference Notes Page 9 of 9 NON-Residential Application/Planning Division Section • CITY OF TIGARD LAND USE APPLICATION CHECKLIST Please read this form carefully in conjunction with the notes provided to you at the pre- application conference. This checklist identifies what is required for submittal of a complete land use application. Once an application is deemed complete by Community Development staff, a decision may be issued within 6-8 weeks. If you have additional questions after reviewing all of the information provided to you, please contact the staff person named below at the City of Tigard Planning Division, (503) 639-4171. Staff: 3-714 Vigo' , Date: /f -2,0 c,- 1. BASIC INFORMATION ALL LAND USE APPLICATIONS REQUIRE THE FOLLOWING: Completed Application Form with property owner's signature or name of agent and letter of authorization Title transfer instrument or grant deed Written summary of proposal Narrative demonstrating compliance with all applicable development standards and approval criteria (as specified in the Pre-Application Conference notes) Two (2) sets of stamped, addressed #10 envelopes for all owners of property within 500 feet of the subject property. Mailing envelopes shall be standard legal-size (#10), addressed with 1" x 4" labels (see envelope submittal requirements). Property owner mailing lists must be prepared by the City for a minimal fee (see request for 500' property owner mailing list form). Documentary evidence of neighborhood meeting (if required) Impact Study per Section 18.390.040.B.2.(e) Copy of the Pre-Application Conference notes Filing Fee 2. PLANS REQUIRED In addition to the above basic information, each type of land use application will require one or more of the following maps or plans. PLEASE SUBMIT EACH OF THE PLANS CHECKED BELOW WITH YOUR APPLICATION (Section 5 of this checklist provides details on what information to include on each plan): 0— Vicinity Map l9r" Preliminary Grading/Erosion Control Plan Existing Conditions Map Preliminary Utilities Plan • ❑ Subdivision Preliminary Plat Map Preliminary Storm Drainage Plan ❑ Preliminary Partition/Lot Line Adjustment Plan Er Tree Preservation/Mitigation Plan • Site Development Plan Ill— Architectural Drawings E9' Landscape Plan Sign Drawings far Public Improvements/Streets Plan 3. NUMBER OF COPIES REQUIRED The City requires multiple copies of submittal materials. The number of copies required depends on the type of review process. FOR AN APPLICATION SUCH AS YOU ARE PROPOSING THE CITY REQUIRES ,g COPIES OF ALL APPLICATION MATERIALS. City of Tigard Land Use Application Checklist Page 1 of 5 • 4. SPECIAL STUDIES AND REPORTS Because of the nature of your project and/or the site you propose to develop, THE FOLLOWING ADDITIONAL STUDIES WILL BE REQUIRED. These studies must be prepared by certified professionals with experience in the appropriate field: ❑ Traffic Study ❑ Local Streets Traffic Study ❑ Wetlands/Stream Corridor Delineation and Report ❑ Habitat Area Evaluation ❑ Storm Drainage System Downstream Analysis ❑ Preliminary Sizing Calculations for Proposed Water Quality and/or Detention Facility !- ❑ Geotechnical Report ❑ Other 5. PREPARING PLANS AND MAPS Plans and maps should be prepared at an engineering scale (1" = 10/20/50/100/200') and include a north arrow, legend and date. The same scale should be used for all your plans. Where possible the City prefers the use of a scale that allows a site plan or subdivision plat to be shown on a single sheet. Architectural drawings may be prepared at an architectural scale. One copy of each plan must be submitted in photo-ready 81/2 x 11 format. THE FOLLOWING IS A LIST OF REQUIRED INFORMATION FOR EACH TYPE OF PLAN (If the plans you submit do not include all of the information requested because you feel it is not applicable, please indicate this and provide a brief explanation). Vicinity Map Showing the location of the site in relation to: • Adjacent properties ❑ • Surrounding street system including nearby intersections ❑ • Pedestrian ways and bikeways ❑ • Transit stops ❑ • Utility access ❑ Existing Condi ions Map Parcel boundaries, dimensions and gross area _ ❑ • Contour lines (2' intervals for 0-10% slopes or 5'for slopes >10%) ❑ Drainage patterns and courses on the site and on adjacent lands ❑ Potential natural hazard areas including: • Floodplain areas ❑ • Areas having a high seasonal water table within 24" of the surface for three or more weeks of the year ❑ • Slopes in excess of 25% ❑ • Unstable ground ❑ • Areas with severe soil erosion potential ❑ • Areas having severely weak foundation soils ❑ • Locations of resource areas including: • Wildlife habitat areas identified in the Comprehensive Plan ❑ • Wetlands ❑ • Other site features: • Rock outcroppings ❑ • Trees with > 6" caliper measured 4'from ground level U Location and type of noise sources n • Locations of existing structures and their uses ❑ • Locations of existing utilities and easements LJ City of Tigard Land Use Application Checklist Page 2 of 5 • Locations of existing dedicated right-of-ways ❑ Subdivision Preliminary Plat Map The proposed name of the subdivision ❑ Vicinity map showing property's relationship to arterial and collector streets ❑ Names, addresses and telephone numbers of the owner, developer, engineer surveyor and designer(as applicable) ❑ Scale, north arrow and date / ❑ Boundary lines of tract to be subdivided Names of adjacent subdivisions or names of recorded owners of adjoining parcels of un-subdivided land ❑ Contour lines related to a City-established benchmark at 2' intervals for 0-10% grades and 5' inte.,als for grades greater than 10% ❑ The purpose, location, type and size of all of the following (within and adjacent to the propos:• subdivision): • Public and private right-of-ways and easements ❑ • Public and private sanitary and storm sewer lines ❑ • Domestic water mains including fire hydrants ❑ • Major power telephone transmission lines (50,000 volts or greater) ❑ • Watercourses ❑ • Deed reservations for parks, open spaces, pathways and other land : cumbrances U • The location of all trees with a diameter 6 inches or greater meas ed at 4 feet above ground level C • The location of all structures and the present uses of the struc . es, and a statement of which structures are to remain after platting Li Supplemental information including: • Proposed deed restrictions (if any) ❑ • A proposed plan for provision of subdivision improvements ❑ Existing natural features including rock outcroppings, wetlands and marsh areas The proposed lot configurations, lot sizes and dimensions, and lot numbers. Where lots are to be used for purposes other than residential, it shall be indica ed upon such lots ❑ If any of the foregoing information cannot prac ' ably be shown on the preliminary plat, it shall be incorporated into a narrative and submitted with the applic ion materials ❑ Preliminary Partition/Lot Line Adjustment Plan The owner of the subject parcel ❑ The owner's authorized agent ❑ The map scale, north arrow and date ❑ Proposed property lines _ ❑ Description of parcel location and boundaries ❑ Contour lines (2' intervals for slopes 0-10% or 5'for slopes >10%) U Location, width and n es of streets, easements and other public ways within and adjacent to the parcel ❑ Location of all perm ent buildings on and within 25' of all property lines ❑ Location and widt of all water courses ❑ Location of any ees with 6"or greater caliper at 4' above ground level ❑ All slopes gre er than 25% LI Location of existing and proposed utilities and utility easements ❑ Any applicable deed restrictions ❑ Evidence that land partition will not preclude efficient future land division where applicable ❑ Future street extension plan showing existing and potential street connections ❑ City of Tigard Land Use Application Checklist Page 3 of 5 • Site Development Plan The proposed site and surrounding properties ❑ Contour line intervals LJ The locations, dimensions and proposed names of the following: • Existing and platted streets and other public ways ❑ • Easements on the site and on adjoining properties ❑ • Proposed streets or other public ways and easements on the site ❑ • Alternative routes of dead-end or proposed streets that require future extensions ❑ The locations and dimensions of the following: ♦ Entrances and exits on the site ❑ • Parking and circulation areas ❑ • Loading and service areas ❑ • Pedestrian and bicycle circulation I I • Outdoor common areas n ♦ Above ground utilities ❑ • Trash and recyclable material areas U The locations, dimensions and setback distances of the following: • Existing permanent structures, improvements, utilities and easements which are located on the site and on adjacent property within 25' of the site n • Proposed structures, improvements, utilities and easements on the site LJ • Sanitary sewer facilities LJ • Existing or proposed sewer reimbursement agreements • Storm drainage facilities and analysis of downstream conditions LJ Locations and type(s) of outdoor lighting considering crime prevention techniques (_J The locations of the following: • All areas to be landscaped ❑ ♦ Mailboxes ❑ • Structures and their orientation ❑ �ndscap Yri Location of trees to be removed H Location, size and species of existing plant materials _ General location, size and species of proposed plan materials ❑ Landscape narrative that addresses: • Soil conditions and how plant selections were derived for them n • Plans for soil treatment such as stockpiling the top soil ❑ ♦ Erosion control measures that will be used (1 Location and description of the irrigation system where applicable ❑ Location and size of fences, buffer areas and screening n Location of terraces, decks, shelters, play areas, and common open spaces I I (Public Improvements/Streets Plan Proposed right-of-way locations and widths ❑ A scaled cross-section of all proposed streets plus any reserve strips ❑ Approximate centerline profiles showing the finished grade of all streets including street extensions for a reasonable distance beyond the limits of the proposed subdivision ❑ City of Tigard Land Use Application Checklist Page 4 of 5 ading/Erosion Control la The locations and extent to which grading will take place ❑ Existing and proposed contour lines ❑ Slope ratios ❑ iti ee n Approximate plan and profiles of proposed sanitary and storm sewers with grades and pipe sizes indicated on the plans ❑ Plan of the proposed water distribution system, showing pipe sizes and the locations of valves and fire hydrants ❑ Pratt_ inary Storm Drainage Plan' The location of all areas subject to inundation or storm water overflow ❑ Location, width and direction of flow of all water courses and drainageways ❑ Location and estimated size of proposed storm drainage lines ❑ Where applicable, location and estimated size and dimensions of proposed water quality/detention facility ❑ e reservation/Mitigation Plan ' Identification of the location, size and species of all existing trees ❑ Program to save existing trees or mitigate tree removal (Section 18.790.030) ❑ A protection program defining standards and methods to be used during and after construction ❑ cArchite'ctural Drawin Floor plans indicating the square footage of all structures and their proposed use ❑ Elevation drawings for each elevation of the structure ❑ Specify proposed location, size and height ❑ is\;curpl n\masters\revised\checkl ist.doc 5-Jun-00 City of Tigard Land Use Application Checklist Page 5 of 5 PRE-APPLICATION CONFERENCE NOTES ii ➢ ENGINEERING SECTION Q City NmmgardOregon Development Shaping A Better Community PUBLIC FACILITIES Tax Maptsl: 1S135DA Tax Lottsl: 1000 Use Tope: Cony.SF to Commercial The extent of necessary public improvements and dedications which shall be required of the applicant will be recommended by City staff and subject to approval by the appropriate authority. There will be no final recommendation to the decision making authority on behalf of the City staff until all concerned commenting agencies, City staff and the public have had an opportunity to review and comment on the application. The following comments are a projection of public improvement related requirements that may be required as a condition of development approval for your proposed project. Right-of-way dedication: The City of Tigard requires that land area be dedicated to the public: (1.) To increase abutting public rights-of-way to the ultimate functional street classification right-of-way width as specified by the Community Development Code; or (2.) For the creation of new streets. Approval of a development application for this site will require right-of-way dedication for: X SW Pfaffle Street to 30 feet from centerline (minor collector). I SW to feet SW to feet SW to feet Street improvements: ® 1/2 street improvements will be necessary along SW Pfaffle Street, to include: X 20 feet of pavement from centerline to curb X concrete curb X storm sewers and other underground utilities ® 5-foot concrete sidewalk on east south side. M street trees spaced per TDC standards. X street signs, traffic control devices, streetlights and a two-year streetlight fee. CITY OF TIGARD Pre-Application Conference Notes Page 1 of 6 Engineering Department Section I I Other: I street improvements will be necessary along SW , to include: I I feet of pavement n concrete curb I I storm sewers and other underground utilities -foot concrete sidewalk I I street trees I I street signs, traffic control devices, streetlights and a two-year streetlight fee. Other: I I street improvements will be necessary along SW , to include: feet of pavement concrete curb storm sewers and other underground utilities -foot concrete sidewalk street trees r I street signs, traffic control devices, streetlights and a two-year streetlight fee. Other: street improvements will be necessary along SW , to include: 1 I feet of pavement concrete curb I I storm sewers and other underground utilities -foot concrete sidewalk I J street trees street signs, traffic control devices, streetlights and a two-year streetlight fee. Other: street improvements will be necessary along SW , to include: 1 J feet of pavement concrete curb storm sewers and other underground utilities -foot concrete sidewalk CITY OF TIGARD Pre-Application Conference Notes Page 2 of 6 Engineering Department Section street trees • street signs, traffic control devices, streetlights and a two-year streetlight fee. Other: Agreement for Future Street Improvements: In some cases, where street improvements or other necessary public improvements are not currently practical, the improvements may be deferred. In such cases, a condition of development approval may be specified which requires the property owner(s) to execute a non-remonstrance agreement which waives the property owner's right to remonstrate against the formation of a local improvement district. The following street improvements may be eligible for such an agreement: (1.) (2.) Overhead Utility Lines: ® Section 18.810.120 of the Tigard Municipal Code (TMC) requires all overhead utility lines adjacent to a development to be placed underground or, at the election of the developer, a fee in-lieu of undergrounding can be paid. This requirement is valid even if the utility lines are on the opposite side of the street from the site. If the fee in-lieu is proposed, it is equal to $ 27.50 per lineal foot of street frontage that contains the overhead lines. There are existing overhead utility lines which run adjacent to this site along SW Pfaffle Street (north side). Prior to final building inspection, the applicant shall either place these utilities underground, or pay the fee in-lieu described above. Sanitary Sewers: The nearest sanitary sewer line to this property is a(n) 8 inch line which is located in SW Pfaff le Street. The proposed development must be connected to a public sanitary sewer. It is the developer's responsibility to (N/A: Existing structure is already served by the sewer line). Water Supply: The Tualatin Valley Water District (Phone:(503) 642-1511) provides public water service in the area of this site. This service provider should be contacted for information regarding water supply for your proposed development. Fire Protection: Tualatin Valley Fire and Rescue District (South Division) [Contact: Eric McMullen, (503) 612-7010] provides fire protection services within the City of Tigard. The District should be contacted for information regarding the adequacy of circulation systems, the need for fire hydrants, or other questions related to fire protection. CITY OF TIGARD Pre-Application Conference Notes Page 3 of 6 Engineering Department Section •Storm Sewer Improvements. All proposed development within the City shall be designed such that storm water runoff is conveyed to an approved public drainage system. The applicant will be required to submit a proposed storm drainage plan for the site, and may be required to prepare a sub-basin drainage analysis to ensure that the proposed system will accommodate runoff from upstream properties when fully developed. No additional requirements as long as the applicant is not adding additional impervious areas to the site. If they increase the impervious area over 5,000 sf, then onsite detention is required. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) (Resolution and Order No. 00-7) which requires the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. The resolution contains a provision that would allow an applicant to pay a fee in-lieu of constructing an on-site facility provided specific criteria are met. The City will use discretion in determining whether or not the fee in-lieu will be offered. If the fee is allowed, it will be based upon the amount of new impervious surfaces created; for every 2,640 square feet, or portion thereof, the fee shall be $210. Preliminary sizing calculations for any proposed water quality facility shall be submitted with the development application. It is anticipated that this project will require: Construction of an on-site water quality facility. I I Payment of the fee in-lieu. No requirement as long as the impervious area on the site is not increasing. If the applicant does increase the impervious area (roof area, paving, etc) over 1,000 sf, then this section will apply. Other Comments: All proposed sanitary sewer and storm drainage systems shall be designed such that City maintenance vehicles will have unobstructed access to critical manholes in the systems. Maintenance access roadways may be required if existing or proposed facilities are not otherwise readily accessible. TRAFFIC IMPACT FEES In 1990, Washington County adopted a county-wide Traffic Impact Fee (TIF) ordinance. The Traffic Impact Fee program collects fees from new development based on the development's projected impact upon the City's transportation system. The applicant shall be required to pay a fee based upon the number of trips which are projected to result from the proposed development. The calculation of the TIF is based on the proposed use of the land, the size of the project, and a general use based fee category. The TIF shall be calculated at the time of building permit issuance. In limited CITY OF TIGARD Pre-Application Conference Notes Page 4 of 6 Engineering Department Section circumstances, payment of t' TIF may be allowed to be deferred • -ntil the issuance of an occupancy permit. Deferral of the pa, nt until occupancy is permissible _ when the TIF is greater than $5,000.00. Pay TIF for difference between single family use and commercial use.. PERMITS Engineering Department Permits: Any work within a public right-of-way in the City of Tigard requires a permit from the Engineering Department. There are two types of permits issued by Engineering, as follows: Street Opening Permit (SOP). This permit covers relatively minor work in a public right-of-way or easement, such as sidewalk and driveway installation or repair, and service connections to main utility lines. This work may involve open trench work within the street. The permittee must submit a plan of the proposed work for review and approval. This type of permit requires a non-refundable $150.00 fee. In certain cases, where City costs may exceed the $150.00 fee, an administrative deposit will be required. In addition, the permittee will be required to post a bond or similar financial security for the work. Compliance Agreement (CAP). This permit covers more extensive work such as main utility line extensions, street improvements, etc. In subdivisions, this type of permit also covers all grading and private utility work. Plans prepared by a registered professional engineer must be submitted for review and approval. This type of permit requires a deposit to be submitted with the construction plans. The amount of the deposit depends upon the overall value of the public improvements. The City will track its costs throughout the life of the permit, and will either refund any remaining portion of the deposit, or invoice the permittee in cases where City costs exceeds the deposit amount. The permittee will also be required to post a performance bond, or other such suitable security, and execute a Developer/Engineer Agreement which will obligate the design engineer to perform the primary inspection of the public improvement construction work. Prior to City acceptance of any permitted work, and prior to release of work assurance bond(s), the work shall be deemed complete and satisfactory by the City in writing. The permittee is responsible for the work until such time written City acceptance of the work is posted. NOTE: If an Engineering Permit is required,the applicant must obtain that permit prior to release of any permits from the Building Division. Building Division Permits: The following is a brief overview of the type of permits issued by the Building Division. For a more detailed explanation of these permits, please contact the Development Services Counter at 503-639-4171, ext. 304. CITY OF TIGARD Pre-Application Conference Notes Page 5 of 6 Engineering Department Section Site Improvement P- -lit (SIT). This permit is general"ssued for all new commercial, • _ industrial and multi-fa j projects. This permit will also be aired for land partitions where lot grading and private utility work is required. This permit covers all on-site preparation, grading and utility work. Home builders will also be required to obtain a SIT permit for grading work in cases where the lot they are working on has slopes in excess of 20% and foundation excavation material is not to be hauled from the site. Building Permit (BUP). This permit covers only the construction of the building and is issued after, or concurrently with, the SIT permit. Master Permit (MST). This permit is issued for all single and multi-family buildings. It covers all work necessary for building construction, including sub-trades (excludes grading, etc.). This permit can not be issued in a subdivision until the public improvements are substantially complete and a mylar copy of the recorded plat has been returned by the applicant to the City. For a land partition, the applicant must obtain an Engineering Permit, if required, and return a mylar copy of the recorded plat to the City prior to issuance of this permit. Other Permits. There are other special permits, such as mechanical, electrical and plumbing that may also be required. Contact the Development Services Counter for more information. GRADING PLAN REQUIREMENTS FOR SUBDIVISIONS All subdivision projects shall require a proposed grading plan prepared by the design engineer. The engineer will also be required to indicate which lots have natural slopes between 10% and 20%, as well as lots that have natural slopes in excess of 20%. This information will be necessary in determining if special grading inspections will be required when the lots develop. The design engineer will also be required to shade all structural fill areas on the construction plans. In addition, each homebuilder will be required to submit a specific site and floor plan for each lot. The site plan shall include topographical contours and indicate the elevations of the corners of the lot. The builder shall also indicate the proposed elevations at the four corners of the building. PREPARED BY: I 1 2.6 op ENGINEERING DEPARTMENT AF Phone: (5031 639-4171 Fax: (5031 684-7297 \eng\brianr\templates\preap notes-eng.dot Revised: April 21,2000 CITY OF TIGARD Pre-Application Conference Notes Page fi of Engineering Department Section R l Ti,&o, • CITY OF TIGARD 414 11 Y° LAND USE APPLICATIONS CITY OF TIGARD PRE-APPLICATION CONFERENCE CHECKLIST Community` omn Shaping.11 N AT PRE-APPLICATION CONFERENCES MUST BEE00-4 OOIMON AYO-FR DAY THE COMMUNITY DEVELOPMENT COUNTER FROM 8 1. All of the items identified within this check list of one (1) week prior b of offic ally received by the Planning Division a minim scheduein• a ore-a.•lication conference date/time to allow Staff ample time to prepare for the meeting. A pre-application conference can usually be scheduled within 1-2 weeks of the Planning Division's receipt of the request for either Tuesday or Thursday mornings. Pre-application conferences are one (1l hour Iona and are typically held between the hours of 9:00-11:00 AM. 2. The application process for requesting a pre-application conference is initiated by the applicant in the form of a letter and lan (submit 2 copies of each), containing the following pertinent information: ♦ Name, address and telephone number of the applicant and agent if applicable. ♦ A brief description of the research and proposal any o theme site-specific questions/issues that you would like to have Staff _ ♦ Site plan showing toe he subject property in relation layouts,othe' nearest streets; Show the location of the subject P and the locations of driveways more accurate assesrtsmen of possible the issues (this is beneficial in providing concerning development). ♦ The proposed uses. ♦ Tax maps and lot numbers for all subject properties. ♦ Current owners of the subject property, if other than the applicant. • ♦ Topographic information (include contour lines if possible). ♦ If the pre-application conference is for a MONOPOLE project, the applicant must attach a copy of the letter completed (see Section 18.798 080)mailing, that the collocation Protoc ♦ $240 pre-application conference fee. IF MORE THAN 4 PEOPLE ARE EXPECTED TO ATTEND TC CITY IN ADVANCE PPLI ISO THAT ALTERNATE CONFERENCE IN YOUR GROUP, PLEASE INFORM THE ROOM ARRANGEMENTS CAN BE MADE. iAcurpin\rnastersvevised\Pre-app Chcckiist.doc Revised: 11-May-2000 Pre-Apps (CD Meetings) November2000 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Tuesday, November 28, 2000 8:00 8:30 9:00 Pre-app 9:30 10:00 Pre-app appt 10:30 11:00 Pre-app Jim Andrews 503-620-2086 Dalton's Catering 11:30 12:00 12:30 1:00 1:30 2:00 2:30 3:00 3:30 4:00 4:30 5:00 5:30 6:00 3:28PM Thursday,November 09,2000 Receipt #: 27200000000000001247 A0111111 .... Receipt 11/09/2000 T I D E M A R K COMPUTER SYSTEMS, INC Line Items: • Case No Tran Code Description Revenue Account No. Amount Due PRE2000-00008 [LANDUS] PreApp Conf 100-0000-438000 $240.00 Payments: Method Payer Bank No Acct Check No Confirm No. Amount Paid Check NICOLI ENGINEERING, INC. 0 1025 $240.00 TOTAL AMOUNT PAID: $240.00 AkT N CTFc2iTtitr SS AN J � �igaJr-idJ, OrJeg m OWNER - APPLICANT: ENGINEER DAVE DALTON NICOLI ENGINEERING, INC. 8530 S.W. PFAFFLE St. 9025 S.W. CENTER ST. TIGARD, OR 97223 TIGARD, OREGON 97223 PHONE: (503) 639-7211 (503) 620-2086 CONTACT : JAMES R NICOLI 1 PROJECT DESCRIPTION BUSINESS DESCRIPTION THE APPLICANT OPERATES DALTON'S THE CATERING BUSINESS WILL PREPARE NORTHWEST CATERING BUSINESS FROM THE FOOD 4 DRINK ITEMS FOR OFF SITE BUILDING LOCATED 8530 S.W. PFAFFLE. AS CONSUMPTION. NO ON SITE SALES OR DINNING REQUIRED BY THE CITY OF TIGARD, IS PART OF THE BUSINESS OPERATION. MR. DALTON IS REQUIRED TO OBTAIN SITE DEVELOPMENT REVIEW APPROVAL FOR HIS CATERING BUSINESS. SITE INFORMATION SITE SLOPE DIAGRAM ADDRESS: 8530 S.W. PAFFLE St. +9 +8 TIGARD, OREGON NOTE: GENERAL SLOPE OF PROPOSED USE: DALTON'S CATERING BUSINESS SITE IS APPROXIMATED LEGAL AT THIS TIME. LEGAL TAX MAP: 1S135DA DESCRIPTION: TAX LOT: 1000 +2 0 PAFFLE St. TABLE OF CONTENTS m I COVER SHEET 4 GENERAL INFORMATION Q S.W. 2 SITE PLAN = PFAFFLE SITE y ��G - Q PRE - APPLICATION INFORMATION VICINITY MAP PROJECT:DALTON'S CATERING AS-BUILT DATE: 11-S-00 JOB NO.00-1101 PREPARED BY: DJL CLIENT: DAVE DALTON PAGE NO. 1 OF 2 • --------------8�1 ���--- - `•N I r5:3 `,N , 6;N , I 6 I ILAS TrT� I 1 I6 k./J IDECK Fl4 � �_ ASPLTf/J I iZI /'.dt: 5 I a 2ND LEVEL .n.:; ' \t °i°LC°NY - .:n /-DRIVE WAY-7 WAY - TWALK AFer ENT IfFPOR PREP) RETAINING WALL, lliIL1T7 E�Oi[ / I CATCH _ 11/210 eg 1 II la a purr TO FRONT DOOR 111 . � 1t6/ 0T 111 " JIB -- • ----------- ---S\-�__ '_--------_---- -- -------_------�Y_________ TELEPHONE POLE DITCH 77 FAFFLE STREET GIDSITE PLAN PRE - APPLICATION INFORMATION NORTH PROJECT: DALTON'S CATERING AS-BUILT DATE: 1I-S-00 JOB NO. 00-1101 PREPARED BY: DJL CLIENT: DAVE DALTON PAGE NO. 2 OF 2 APR-11-2000 16:48 pit A,!'0 l S l 3 6-0A- P.08/08 r • (–t., T-- lm(Pv `) • S 0N'ir0O• 1 M t ' w•! .73AC 0 J $ 4 S AM ACRES , 300 1-21,24 VACATED "� a 1� 7141 1 .31A re-•ee)$ 9 .4700 a .lSa: a 2202 J 400 .*SAG • e � I V era1WIACea= .c0 eL_ ' • 8 u•• vac4Tge ie. • . — — -1 — _ _ Z . 500 R — . 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LOCATE AT PAP Lef 0.Pap TO ea Yve0. p® WIF /► .04 o I�.o MLA V1PP.ti LANDSCAPE PLANTING SCHEDULE o ® _ DALTOPr3 CA I u,AG e.+ .n.n .01''..r..."f'.M .. ...o. 0 ,.•.J • uw tR.rMTli s. `i,F o� r� IIGARO.OREGON 97223 SOPA':iC r. Len O ClOIR P» r eG o®• ...t u.r O cw O , I]930 sia a iE: IG • Nord,Oregon •]7] a® O,o.o.wo.....MAJ. •_.. ..•4.. , IC" • Ws V VP 9 1►� .. . IPA����� • Ora.by D.I. 1111111KUMMINIVEIMIMINEMEMMIONIIIIIII 0.9c1■4•1 97 .09 ,.Pk, CO-1101 LANDSCAPE a\ LANDSCAPE PLAN PLAN \_III -'" srn 1 .2 V-:I El g ;g .1 9 Al 1;s M ° 6 inbi 00!• ) 1 i • it i • MIA. i .-,.yo-- — ---------- '- # � i �� i E II e 'E I III : :E i 4--, 5 \____L\\•\\ :.. �::•ENS, r fi. \ I Ye ii � w 4Y. i' o a ili ; —i 5 i I i l is i < I M1`,i 1 ..,a.... 1 1 13 1 H ii i $ i —-! ►. I i i - i i r i/..-.3.: ,--:1.:y. +1''6::w i ..J .I II 1 — ' , Ii2=142... .x,,,,_g9w$.I --- ?;i " :;l \ I Z : 1 .t` it+`a' ;1:17?. " •F. .\\ i 1 4 p i ,11 1 MI Nicoll 10Th Sl Co.a-14.4(odd Thal ie pep to i I III O EAST ELEVATION — O NORTI-I ELEVATION` ■ RIOEC7. DALTON'S CA u-1143 Q 9530 S.W.P.0F75E St i' TCMO,ORECd1 97223 :.:7 f t s,.? 1'1.: :_: �av ::. ` = OA* w.o..e _••==.00.-1.' �_D©= MOM e..PM.CGO. "'°� B®®91 DAVE DALTON "116 1111111111111111111111111111 -pip �• 17930 SW ucE.al Rd III ea.awn.un �J Y(/I�- _ Nord,Q.q.n 97229 _Cg2-C©_ '}4;i..i+d ant l . 't2: OA. .-IYOI SA. Sewn if 0./..J 0_s 07 )d .0 Me.: X1101 Q WEST ELEVATION 0 SOUTH ELEVATION XII 3.1 • NARRATIVE Supplemental Information For Adjustment To Access And Egress Standard For DALTON'S CATERING The following information responds to the comments in the "Incompleteness Letter" (dated May 23, 2001 ), received from the City of Tigard, specifically the issues with the existing access egress drive at Pfaffle Road. The applicant is requesting an adjustment to the access and egress standards (chapter 18.705) as allowed by section 18.370.02, C, 3b. 1. It is not possible to share access; The site currently shares this access with the adjacent "cell tower" site to the west (tax lot 1100). 2. There are no other alternative access points on the street in question or from another street; The site is located between Highway 217 and Pfaffle Street. Access to Highway 217 is obviously not an option. The applicants only alternative would be to create a "looped" drive isle and provide another egress access point at Pfaffle Street. This solution would eliminate the majority of existing landscaping and require more impervious surface for the six (6) proposed parking spaces and driveway. This solution would create tow access drives from this one site. Having 2 access points within close proximity to one another would appear to crate an additional safety issue; and does not appear to be a remedy for the existing situation. 3. The access separation requirements cannot be met; The Tigard Municipal Code, title 15, section 15.04.080, subsection d, requires access drive separated by a 30' length of curb. This curb length could be maintained. When the clear vision area required from the adjacent property line and the 24' minimum driveway width, the proposed looped drive would interfere with the existing structure. 4. The request is minimum adjustment required to provide adequate access; This adjustment request is to allow an existing condition to remain. The site will function as is. This applicant is able to operate with the existing access, as has the previous business located at this site. 5. The approved access or access approved with conditions will result in a safe access; and The access as it exists has been in use since the street improvement we constructed. From documents obtained from the City, it appears the street was improved in 1989- X\J-001101\Letters\Narrative Supplimental Info doc Page 1 of 2 1990. The existing access has been in use since this time, for both residential and commercial uses, without any problems. 6. The visual clearance requirements of Chapter 18.795 will be met. The visual clearance requirements are not met. When Pfaffle was widened, the visual clearance area could not be maintained in both directions. The visual clearance requirement is met to the west, but not to the east. General Comments: This adjustment is for an existing condition, which was created when improvements to Pfaffle Street where constructed; not as a design decision for the project. The site has functioned without incidence with both residential and commercial tenants. Additional access points, looped circulation systems etc. appear to be extensive and cost prohibitive for the proposed parking spaces. We would request that the proposed adjustment application be approved for this existing condition. If you have any questions regarding this matter please feel free to contact this office at your convenience. Sincerely, James D. Andrews Project Manager jda/hmb enclosures X\J-0011011Letters\Narrative Supplemental Info.doc Page 2 of 2 • STORM WATER DETENTION FACILITY DALTON'S CATERING The applicant is requesting to pay a fee-in-lieu-of providing a water detention facility. Unified Sewerage Agency, Design and Construction Standards, provides exemptions for the installation of their water quality facilities. One of the exemptions is that "the site is small, and loss of area for the on site facility would preclude the effective development," per chapter 3, section 3.12, b item 6. The site is small, approximately .25 acres. With the additional Right of Way dedication to the north the required parking to the south and the buffer to the east, the only area remaining for any future development is to the east, which is also the only practical/ logical location for the water quality facility. With the lots size, the hindrance of any future expansion and the proportionality between the proposed development and the additional cost of the water quality facility, we believe that this request is justifiable and allowed per Unified Sewerage Agency's exemption criteria. X:W-001101\Letters\Storm Water Facility doc ENGINEERS ESTIMATE SITE IMPROVEMENTS DALTON'S CATERING SDR-2001-00004 Pavement • 3941 SF of AC @ $1.25 SF $4,926.25 Stripping and Signage $650 Extended Curb • 223 LF @ $2.25/LF $501.75 Catch Basin • 1 Metal Basin $1,500 Storm Line • 66 LF @ $40/LF (includes trenching and backfill) $2,640 Crushed Rock • 218 CY @ $10 yd (includes placement) $2,180 Screened Dumpster Enclosure • Cyclone Fence and Gates with Slats $2,200 Wall at East Property Line • 50 LF at $20/LF $1,000 Landscaping Plantings $3,500 $19,098 [ Total X.\J-001101\Letters\Engineers Estimate doc s . • patelkIQs df +. y .7'. P.• CO t-'nlimite' ARBORIST REPORT & TREE PLAN • Address of the Report: 8530 SW Pfaffle Street Tigard, OR 97223 Date of the Report: June 21, 2001 Report Submitted To: Dave Dalton 1. Double trunk Black Locust, 12"-8" D.B.H. Good condition 2. Black Locust, 36" D.B.H. Good condition 3. Triple trunk Western Red Cedar, 4"-5"-10" D.B.H. Good condition 4. Double trunk Western Red Cedar, 5"-10" D.B.H. Good condition NOTE: Trees #1, 2, 3 & 4 will need to be removed to accommodate road & sidewalk improvements. 5. Double trunk Poplar, 8"-10" D.B.H. Good condition 6. Double trunk Black Locust, 4" D.B.H. Good condition 7. Double trunk Poplar, 6"-8" D.B.H. Good condition 8-12. Wild Cherries, 6"-9" D.B.H. Good condition 13. Fruiting Cherry, 32" D.B.H. Good condition 14. Norway Maple clump of 5, avg. 7" D.B.H. Good condition 15. Norway Maple clump of 3, avg. 6" D.B.H. Good condition 16. Norway Maple clump of 6, avg. 8" D.B.H. Good condition 17. Western Red Cedar group of 6, avg. 4" D.B.H. Good condition Respectfully, Raymond Myer, General Manager Tree Care & Landscapes Unlimited, Inc. Certified Arborist by the International Society of Arboriculture, License # PN-0160 Oregon Landscape Contractors Lic. # 11604 Oregon Dept. of Agriculture, Commercial Pesticide Applicators License # 00187 Residential ana .ommerciai Spraying • Fertilizing• Pruning• Landscape Installation •Landscape Maintenance •Consultation MEMBER: National Arborist Association • International Society of Arboriculture • Oregon Association of Nurserymen Oregon Golf Course Superintendents'Association • Oregon Landscape Contractors Association State Licensed Tree Service #62635 • Landscape Contractor#5659 •Chemical Application#000231 • Insured P.O. Box 1566 • Lake Oswego, OR 97035 • 503-635-3165 •Vancouver 360-737-2646 • FAX 503-635-1549 Visit our website at www.treecarelandscapes.com • i t •.� • TREE. PROTECTION PLAN: Follow the below listed instructions in order-to provide the proper protection before, during and after construction. I. BEFORE: A. Identify the trees to be protected, verify by mapping and or tagging and note their size in D.B.H. (Diameter at Breast Height), variety, health and structural conditions, review plans. B. Check with local government agencies for tree protection ordinances. C. Remove any low limbs that might be in the way of construction equipment, and prune as needed to adhere NAA standards. D. Leave a protective covering on the soil, i.e., existing ground coyer or mulch. E. Notify all other contractors that these trees are to be saved and protected. F. Install a temporary fence to protect the trees and their root systems. For every inch in diameter of the trunk (D.B.H.) allow 1 foot of radius from the trunk as. the protected area. Example: 24" D.B.H. = a 24' radius of protected root system. We need to protect more than the drip zone. The drip zone into the trunk are the support roots that hold the tree up. The roots from that drip zone out provide nutrition, water & oxygen. G. Identify any insect or disease problems that may require treatment. H. Engineer & design proposed structures and construction to avoid root loss. Bridge type foundations can save major.roots. 1. Design landscape islands and planting areas large enough to accommodate trees at maturity. J. Plant the right tree in the right place. Avoid future conflicts with buildings and utilities. K. Have an experienced Arborist review landscape plan. L. Consider tree removals adjacent to trees to be saved for wind related stability concerns. M. Check for past and proposed grade and drainage changes, consider the effects. N. Check trees for stability. O. Remove all trees that would not survive the effects of change. Remove all hazardous trees. P. Minimize environmental changes. Residential and Commercial Spraying•Fertilizing• Pruning•Landscape Installation•Landscape Maintenance•Consultation MEMBER: National Arborist Association• International Society of Arboriculture•Oregon Association of Nurserymen Oregon Golf Course Superintendents'_Association• Oregon Landscape Contractors Association State Licensed Tree Service#62635• Landscape Contractor#5659•Chemical Application'#000231.• Insured P.O.Box 1566 • Lake Oswego,OR 97035• (503)635-3165.•Vancouver(360) 737-2646• FAX(503) 635-1549 E-mail:TREECAREL @AOL.COM - :t -;-; :• • ''"-:‘=:;•.-..1/.;:h• .1 3. A 4 "" 'Ve4 ■ .47; • .4; •,*j ". 11; ;`e":" ^ 7'4 ; ;;"7";), r.; •••' • % :*. , -4,47. ."f.: • '-i••!--3 -::-',..1!•fq'sJ;:f-'":. 7t, ' - • 1-41Of: - ' : -• • = :f; . • : u:'•••••• -•••; • • : :Y•C"-:!-•:` ••,.• ".4 • 's it DURING CONSTRUCTION: - . "--• • "7. • A. - Keep equipment off of the toot system to avOidcompaction2_ B. Keep equipment away from structure to prevent damage to trunk:and-liMbS:,;;;:;;,-;: Don't-allow chemicals to be dumped on the ground near the tree, i.e.., gasolin0';:*:;:'4 diesel, paint, herbicides, cleaner, thinners, etc: , • Provide'means of temporary irrigation-if the project runs through the summer • - • E. - ' If roots or limbs are cut or daMaged, have them inspected by an ISA Certified Arborist and repaired or treated according to his/her recommendations: F. Protect the trees from excessive heat, i.e., equipment, paving and/or burning. G. Avoid trenching through the root systems, boring under them or hand digging can save roots. • 111. AFTER CONSTRUCTION: • A. Carefully landscape the area under the tree, being careful of the roots and structure. Use plantings that will live under the same conditions as that of the tree. B. Provide insect and disease control, fertilization as needed. C. Avoid direct irrigation spraying onto the trunk. D. Do not cover existing root systems with more than 2" of soil. The more soil you add, the greater the chances of damaging the root system. E. Provide irrigation and or drainage to emulate pre-construction conditions. NOTE: It would be impossible to provide all of the above protection measures, however the more roots that can be saved and the least amount of surrounding environmental changes that we can prevent; the greater the chances of saving existing trees. Often it is best to replant with the right tree in the right place so it can grow in the new environment. • .• „.• . , • • • • „ • _ .. • . : „ . - • ' . -.•• • • • , SOC6 a•-■0 ' 0'1. 9 °25I X°9 '0"01 10-lz -� A 45,770 1 X114 _51 ouvvoip -.1Cleul • not\4 11 N 5-,01 = „I a1rDS 45v )�A r ) `""4-";,1 O� II Boa nb /lob1�119,0 js "41-m1 -'169d 6AI A.$\�.. r50a roc .(� „t J €1 S ,s ,,7 0 1b�d v� 6_1,7 �P1�M O 01 O O � 0,1 0 • L k CITY OF TIOARD Community(Development S(tapin j A'Better Conun u ni ty LAND USE PROPOSAL DESCRIPTION 120 DAYS = 12/13/2001 FILE NOS.: SITE DEVELOPMENT REVIEW (SDR) 2001-00004 ADJUSTMENT (VAR) 2001-00015 FILE TITLE: DALTON'S CATERING APPLICANT/ David Dalton APPLICANT'S James Andrews OWNER: 8530 SW Pfaffle Street REP.: Nicoli Engineering Tigard, OR 97223-8497 PO Box 23784 Tigard, OR 97281 PHONE/FAX: (503) 639-7211 (503) 620-2086 REQUEST: The applicant is requesting Site Development Review approval for a catering business, and approval of an access and egress Adjustment to allow for a smaller driveway than what is required by the Tigard Development Code. LOCATION: 8530 SW Pfaffle Street; WCTM 1S135DA, Tax Lot 1000. The site is located between Highway 217 and SW Pfaffle Street, east of SW Hall Boulevard. ZONE: C-P: Professional/Administrative Commercial District. The C-P zoning district is designed to accommodate civic and business/professional services and compatible support services, e.g., convenience retail and personal services, restaurants, in close proximity to residential areas and major transportation facilities. APPLICABLE REVIEW Community Development Code Chapters 18.360, 18.370, 18.390, 18.520, 18.705, CRITERIA: 18.725, 18.745, 18.755, 18.765, 18.790, 18.795 and 18.810. CIT AREA: East CIT FACILITATOR: List Available Upon Request DECISION MAKING BODY BELOW: ❑ TYPE I ® TYPE II ❑ TYPE III ❑ TYPE IV DATE COMMENTS WERE SENT: AUGUST 17, 2001 DATE COMMENTS ARE DUE: AUGUST 31, 2001 ❑HEARINGS OFFICER (MON.) DATE OF HEARING: TIME: 7:00 PM PI PLANNING COMMISSION (MON.) DATE OF HEARING: _ TIME: 7:30 PM []CITY COUNCIL (TUES.) DATE OF HEARING: TIME: 7:30 PM Z STAFF DECISION (TENTATIVE) DATE OF DECISION: OCTOBER 1, 2001 COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION ® VICINITY MAP ® LANDSCAPING PLAN ❑ IMPACT STUDY ® SITE PLAN ® ARCHITECTURAL PLAN ❑ TRAFFIC IMPACT STUDY Z NARRATIVE Z UTILITY PLANS ® OTHER: MISCELLANEOUS STAFF CONTACT: Brad Kilby, Associate Planner (503) 639-4171, Ext. 388 Kg Nicoll Engineering , Inc. PO Box 23784 Tigard, Oregon 97281 • Phone: (503) 620-2086 • Fax: (503) 684-3636 DATE JOB NO. LETTER OF TRANSMITTAL 4 - 21- D1 00- 1101 ATTENTION TO etAiPP RE WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via The following items: ❑ Shop Drawings [Prints ❑ Plans ❑ Samples Cl Specifications ❑ Copy of Letter ❑ Change Order [VOther: COPIES DATE NO DESCRIPTION 16 4.2 5.0 I 5 I O x 1 I L wee. AcJL . b. �e r u rn •/ '�°'`'�"�,,� lfr 44 . 21 o (p Set 3L * I� • t 4. 24. oI €'t d r k - THESE ARE TRANSMITTED AS CHECKED BELOW: For approval ❑ Approved as submitted ❑ Resubmit Copies for approval ❑ For your use ❑ Approved as noted ❑ Submit Copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return Corrected prints Cor review and comment ❑ Other: ❑ FOR BIDS DUE 20 ❑ Prints returned after loan to us REMARKS COPY TO SIGNED: PUBLIC FACILITY PLAN CHE..r(LIST Projec,.. Dp.t'ti \ C ^W FOR Date: .5 -2A\4( LAND USE APPLICATION SUBMITTALS ❑ COMPLETE Q INCOMPLETE G DING Existing and proposed contours shown. E r Are adjacent parcels impacted by proposed grading? ❑ Yes R110 2 Adjacent parcel grades shown. STREET ISSUES Er Right-of-way clearly shown? Centerline of street clearly shown? Name of street(s) shown? a Existing/proposed curb or edge of pavement shown? °a Profiles of proposed streets 21-kp Future Streets Plan provided? (subdivisions and some partitions) ❑ profiles ❑ topo shown on adjacent property? ,��^ Traffic study required/submitted? Rr Do proposed street grades comply with City standards? [� Widths of proposed public streets shown? Widths of streets appropriate? gtJy. Are private streets proposed? ❑ under 6 lot minimum? ❑ width appropriate? ❑Other: SANITARY SEWER ISSUES ,2t.)\r Existing/proposed lines shown? srtE fs Auk ' Sfril- et>. 4 -t-v Stubs to adjacent parcels required? WATER ISSUES ❑ Existing/proposed lines w/sizes noted? —sme *ti's' " `D Existing/proposed fire hydrants? ❑ Proposed meter location an•1 hown? s%;te. STbwtt ❑ Proposed fire protection system shown?-- sat cuc.�e- STORM DRAINAGE AND WATER QUALITY ISSUES IM Existing/proposed lines? IMO Preliminary sizing calculation of water quality and/or detention provided? Fe r ter.€ PP ,,o Water quality and/or detention facility shown on plan? ❑ does area provided match calculations for size requirement? saPoirf - " Stubs to adjacent properties required? Z't2 �'�'� – .2-0\P Water quality and/or detention shown outside of any wetland buffer? P1)1g6 'roe U A is\eng\brianr\masters\public facility plan checklist.doc REVISED: 03/13/01 (o` ) &t.t,.l (q 1 t> = 15 so-4 n ci¢A,,s,.- ' k6 q0 43 ( as sv►kc (post. m PC--vt ) -70T"-- tf-isf. 1rAp ER.A,sv$ tSSo + .tp.d(6'to) c- 2So+ ps s� P = 4`tl ' = o ViPr(s - Q IN S R-o�,�,,, 29 a1 o go ct-)&I% 1'#-) 600 Ogle May 23, 2001 ui�q�,��ii�,,i (1\ Y��Ik Nicoli Engineering 9025 SW Center Street CITY OF TIGARD P.O. Box 23784 OREGON Tigard, OR 97281 Attn. James Andrews RE: Dalton's Catering SDR 2001-00004 Incompleteness Letter Dear Mr. Andrews, The City of Tigard received your application submittal for a Site Development Review on April 27, 2001. The development site is located at 1S135DA, Tax Lot 1000. This letter is to inform you that additional materials will be needed in order to deem your application complete. The necessary materials are as follows: Materials Needed by Planning Staff: • The proposed access to serve the facility does not meet the 24-foot paved width standard for commercial uses, per Table 18.705.3. Due to the location of the existing building, it appears that it would be difficult to comply with this standard. Staff recommends that you apply for an adjustment to access and egress standards, as allowed in Section 18.370.020.C.3 of the Tigard Community Development Code. A separate application and fee is necessary to apply for the adjustment. Included in the submittal materials should be a narrative that describes how the proposed adjustment would comply with the criteria in Section 18.370.020.C.3.b. The adjustment may be processed concurrently with the application for Site Development Review. An application form is included with this letter. The fee for the adjustment will be $109 (20% of the full fee of$545). • Please provide a construction cost estimate for the proposed work. • A lighting plan is needed that shows how site lighting will be provided. If no additional lighting is proposed, please indicate the location and type of fixtures that are currently in place to light the site. • An arborist's tree plan is required, per Section 18.790.030.A. The plan should include all elements detailed in Section 18.790.030.B. 13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD(503)684-2772 • The submitted narrative should specifically address compliance with all site development review criteria in Section 18.360.090.A. • To ensure compliance with landscape buffer requirements, design details are needed for the proposed wall along the eastern boundary of the development site. Please indicate the thickness and materials to be used in constructing the wall. Materials Needed by Engineering Staff: • Please indicate the size of proposed water lines. • Please indicate the size of the proposed water meter. • Please clarify the proposed fire protection system. • The applicant has requested paying a fee-in-lieu of providing a storm water detention facility. To justify payment of the fee-in-lieu, the applicant needs to provide a supporting letter from the project engineer that addresses the USA exemption criteria. For the purposes of completeness review, please submit only 3 copies of the needed materials. If the submitted materials are adequate, I will contact you promptly and ask you to submit the remaining number of copies needed. If you have any questions regarding this letter or your project, please feel free to contact me at (503) 639-4171, x407. Sincerely, -y‘c), Kevin Young Associate Planner cc: Land Use Casefile No. SDR 2001-00004 Brian Rager, Development Review Engineer I:\CURPLN\Kevin\SDR\SDR01-4.inc (Dalton's Catering).doc Project:T ,I t iAt5 67-1-e rt LAND USE APPLICfrION Date: mil z 3l 0 ) -- COMPLETENESS REVIEW COMPLETE INCOMPLETE ST_ -- RD INFORMATION: eed/Title/Proof Of Ownership neighborhood Mtg. Affidavits, Minutes, List Of Attendees Impact Study (18.390) PSA Service Provider Letter ❑ Construction Cost Estimate ❑ .# Sets Of Application Materials/Plans re-Application Conference Notes I I Envelopes With Postage (Verify Count) PR CT STATISTICS: Ilding Footprint Size � % Of Landscaping On Site % Of Building Impervious Surface On Site Lot Square Footage PLA)1S DIMENSIONED: l{ Vlding Footprint arking Space Dimensions(Include Accessible&Bike Parking) Loading Space Where Applicable lding Height Access Approach And Aisle Visual Clearance Triangle Shown AD ZONAL PLANS: ����'� Icini Map �chitectural Plan ❑ Tree Inventory P Y vEz xisting Conditions Plan andscape Plan Site Plan ❑ Lighting Plan �.` �� ' - 'LAN/MITIGATION PLAN: ❑ ❑ • ❑ ❑ ADDITIO AL REPORTS: (list any special report _ . - ❑ k r/r J ta l'?5.5 a`I ❑ wry � .A / , 1 5 rl - to -- - ❑ 'u li. ArcCe ./*/ - i >' vte..':j 1414.32?1 (,3 -Or 21 t ed � RESPONSE TO APPLICABLE CODE SECTIONS: 'mac ❑ 18.330(Conditional Use) ❑ 18.620(Tigard Triangle Design Standards) ❑ 18.765(off-Street Parking/loading Requirements) ❑ 1 8.340(Director's Interpretation) ❑ 18.630(Washington Square Regional Center) ❑ 18.775(Sensitive Lands Review) U 18.350(Planned Development) I 18.705(Access/Egress/Circulation) ❑ 18.780(Signs) ❑ 18.360(Site Development Review) ❑ 18.710(Accessory Residential Unit) ❑ 1 8.785(Temporary Use Permits) ❑ 18.370(Yanances/Adjustment) ❑ 18.715(Density Computations) ❑ 1 8.790(Tree Removal) ❑ 18.380(Zoning Map/Text Amendments) ❑ 18.720(Design Compatibility Standards) ❑ 18.795(Visual Clearance Areas) ❑ 18.385(Miscellaneous Permit) ❑ 1 8.725(Environmental Performance Standards) ❑ 1 8.797(Water Resources(WR)Overlay District) ❑ 18.390(Decision Making Procedures/Impact Study) ❑ 1 8.130(Exceptions To Development Standards) ❑ 18.198(Wireless Communication facilities) ❑ 18.410(Lot line Adjustments) ❑ 1 8.740(Historic Overlay) ❑ 1 8.810(Street&Utility Improvement Standards) ❑ 18.420(Land Partitions) ❑ 1 8.742(Home occupation Permit) ❑ 18.430(Subdivisions) ❑ 1 8.745(landscaping&Saeening Standards) ❑ 18.510(Residential toning District) ❑ 1 8.750(Manufactured/Mobil Home Regulations) ❑ 18.520(Commeraal Zoning Districts) ❑ 1 8.755(Mixed Solid Waste/Recycling Storage) ❑ 18.530(Industrial toning Distract) ❑ 18.760(Nonconforming Situations) ADDITIONAL ITEMS: ,,,,v.i.e- 0vn.cprtA. (A-f A '. c'O+4- / --Jee. G' iVl if?Veirv4� 5 7:4,./e, I:\curpin\masters\revised\land use application completeness review.dot REVISED: 17-Jan-01 .L D� �I 4�++". ( F r-cei .11 /3/ 600 4p/ .# 6090 A 5 o � � �de�c - ■ NicoIi Engineering , Inc. PO Box 23784 Tigard, Oregon 97281 • Phone: (503) 620-2086 • Fax: (503) 684-3636 July 2, 2001 NEI#: 00-1101 City of Tigard ATTN: Kevin Young, Associate Planner 13125 SW Hall Blvd Tigard, OR 97223 RE: SDR 20001-00004 Incompleteness Letter Dated May 23, 2001 The following items correspond to your items listed in the above referenced letter: "Materials Needed by Planning Staff:" 1. The application and fee for the adjustment to the access and egress standards is completed and enclosed for your review. A narrative addressing the adjustment criteria found in section 18.370.020.c.3.b has also been enclosed. 2. A construction cost estimate for the Site Improvements has been enclosed. 3. Existing lighting on site has been noted on sheetl.2. No additional lighting is being proposed. 4. An arborist report by Tree Care & Landscapes Unlimited has been enclosed for your review. Relevant information has been added to sheet 1.2. 5. The submitted narrative generally addresses the Site Development criteria in Section 18.360.090.A. If additional information regarding the City's requirements for Site Development Review is needed, please provide us with specific areas to be addressed. 6. The wall has been detailed on sheet 1.2. "Materials Needed by Engineering Staff:" 1. No new water lines are being proposed. The existing meter will be relocated as required by the street improvements. 2. No new water meter is being proposed. The existing water line will be relocated as required by the street improvements. 3. We are not proposing a fire protection system. A fire hydrant is located across Pfaffle Street and is located within the 250' distance requirement established by the Tualatin Valley Fire and Rescue (UFC Section 903.4.2.1). 4. Refer to supporting "fee-in-lieu" of letter regarding storm water detention facility. If you have any questions regarding this matter please feel free to contact this office at your convenience. Sincerely, cztv,A&A.4..1:7 C2A.‘,1,AJLA.A.44_,, James Andrews Project Manager jda/hmb enclosures cc: Brian Rager, Development Review Engineer X\J-001101\Letters\Responses to Incompleteness Letter doc _ Nicoli Engineering , Inc. PO Box 23784 Tigard, Oregon 97281 • Phone: (503) 620-2086 • Fax: (503) 684-3636 LETTER OF TRANSMITTAL DATE 1. 3o• of JOB NO. DV���DI ATTENTION .{ V1ta {OLIt4 - A/lee&. RANtiEe2•, TO 6 Cri• of T1 bn�Z,D RE t)a1.TD1V Ct4T 12J K bl PLANK 1 i'cta't' S blZ- 2/101- 000d WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via The following items: ❑ Shop Drawings Lrints ❑ Plans ❑ Samples ❑ Specifications [ • opy of Letter Cl Change Order ❑ Other: COPIES DATE NO. DESCRIPTION 3 +25.01 ( 24 t 3L tAteuvnIEnT4 v SEb Al. 2•D "1 .25. D i tP 8/�Z X 11 •c 1 '1. 2• b 1 l y is it'E1z T n 1N c•oIM PL�T1f=t•1f=tom l.7E'tt� 1 Abiu Thtc rr TYPE 1. APPULAT to?r4 it HAWWWhTIVE4 (0.21•Dl 9' Ar-130171 T 12-V f1312-1- CAP 4 LAHP APIES ll$uHHt-V tD'r I 1.2•o I 1 GONyf1uualohl GD�r E lMATV- Foe. LCpME ty1" 1 "T•Z•G UP1' 11ij LLIrt r-012„fleErltH-L1e.0 AATP-tzQUYFA uT`1' THESE ARE TRANSMITTED AS CHECKED BELOW: ❑ For approval ❑ Approved as submitted ❑ Resubmit Copies for approval ❑ For your use ❑ Approved as noted ❑ Submit Copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return Corrected prints k FBor review and comment ❑ Other: ❑ FOR BIDS DUE 20 ❑ Prints returned after loan to us REMARKS RECEIVEDPtA-NNING AUG u ' 2001 CITY Ut- I TGARD COPY TO SIGNED: ate„ 1 al Nicoll Engineering , Inc. PO Box 23784 Tigard, Oregon 97281 • Phone: (503) 620-2086 • Fax: (503) 684-3636 DATE 14• JOB NO. St . 01 LETTER OF TRANSMITTAL ATTENTION �tza�c RE TO C.4,tAl 'r' 5bi2 - 2001 — 00004 WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via The following items: ❑ Shop Drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of Letter ❑ Change Order ❑ Other: COPIES DATE NO. DESCRIPTION I Co 4 -z -o' CO 24x3 . i7a•ctc vv,.a nt,at - - -, A 7 .2.01 UP 4 - 2 -ol (oS e%y All S.D.R Arktitegm •Dou.,,�.�,rx'i THESE ARE TRANSMITTED AS CHECKED BELOW: • For approval ❑ Approved as submitted ❑ Resubmit Copies for approval ❑ For your use ❑ Approved as noted ❑ Submit Copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return Corrected prints ❑ For review and comment ❑ Other: ❑ FOR BIDS DUE 20 ❑ Prints returned after loan to us REMARKS r c'cQ (AIL, trna.eitTa 'tat, 5u.+r3•Qi v,n.44,aej t�v�s•. 4d tn/tt1,- LI t 3G 6Yia 1l eLe-tA.w4.e vae uv1.64.4 n.w4.1 e'C2t/wa" vA.cemAA.4"fiA.A7-4 ca.e.e. . RECEIVFr DI ktNING AUG 2001 CITY OF I iCARD COPY TO rr - ' SIGNED: 1:). C..(��n / A a Mar CITY OF TIGARD August 15, 2001 OREGON Dave Dalton 17930 SW McCewan Rd. Tigard, OR 97223 RE: Dalton's Catering SDR2001-00004NAR2001-00015 Completeness Letter Dear Mr. Dalton, The City of Tigard received your application for a Site Development Review on April 27, 2001 and the additional items requested on August 1, 2001. The application has been deemed complete on August 15, 2001. The subject property is located at 1S135DA, Tax Lot 1000. This letter is to inform you that your application is scheduled for review. A tentative decision on this application should be issued in 6-8 weeks. If you have any questions regarding this letter or your project, contact me at (503) 639-4171, x388. Sincerely, Za-zvi Brad Kilby Associate Planner cc: Land use case file No. SDR2001-00004 and VAR2001-00015 13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD (503) 684-2772 ADDITIONAL DOCUMENTS 02/16/01 11:55 $503 625 6179 PRIDE DISPOSAL Q001/003 cPR Zc7l-00001 PHONE -25.6,n FAX 503-625-6179 PRIDE DISPOSAL CO. Fax To: , L( t? I ! 611, - From: k � Y � Fwc 5-03 6 3 63 6, Date: ) O ) Phone: Pages: 3 Re: CC: , 41/) ❑ Urgent For Review ❑ Please Comment Please Reply ❑ Please Recycle -Comments: Tti IT 5 (A) Pfi_uff- P ctt_ Dit,f, 5 al S 14-6(. 5 0_1./60 etrvt, S (4:4 S EL0(„...) 11< dam , RECEIVED PLANNING [-I J 1 DEC 0 7 2001 CITY OF TIGARD '` „.4 02/16/01 11:55 02503 625 6179 PRIDE DISPOSAL 16 003/003 -- --.styli BY: NICOLI ENGINEERING INC. ; 503 684 3636; FEB-16-01 11 :33AM; PAGE 2/2 \ -\ ,\ �'N , ,____ ilir.11/4 . Ntiff 43 P►croep,..r.�u \N. OPLCiul Nt , Y" I r� 1 r•� I P I t ` I I I 1 s , . ...„..... ,=3 , , ,,\. .au a.m.uo r,._• *Arr. I 1 IIL�•Tnl. Md .,: • L I e r,1'2//, 7i 14../..=,1 NO LEWL. il_ ..., a il 1tf.F!►b IWU1 Ar tru_rri 1804t--.....\ NMI It( 15017v11;0417fA'AD -�----�Xtrvv- - J _ �nc ocen,o MSC a MO P.Li[J6 1k1M►ls A/T1�AGw TD Ya uw YTS f.Ta.PC POLE ORd TG EC .CD d0!Y6LR IQLOfA O b MILLSD bRM7fD iCKT[.dsriW p Q R 0. Q 1 CO ------S.W. P AFr"LE STREET-------------------------v- J J 4 5.11, PrAFFLE „ ME RAN SITE *(-1 1)`„,_,/ -------------- _..... ._ ____ -._------------ Q sssco Sou pFR stir ��y /MAP PROJECT: DALTON'S G4TEfiRING GATE: I1-8-00IJOB NO. 00-01101 I PREPARED B * . OREGON 9'1223 T l�.rt1! l 111V41- r ■ YrDJL CLIENT. DAVE DALTON PAGE NO. 1 OF 1 SCj2,o1 'MOO if State Oregon City Tigard Cell ID. Pfaffle SITE LEASE AGREEMENT THIS SITE LEASE AGREEMENT (this "Lease") is entered into this 04i day of November 1993 , between DONALD M. SCHAEFER and MICHAEL T. MUNCH, as tenants in common ("Landlord") and INTERSTATE MOBILEPHONE COMPANY, a Washington general partnership ("Tenant") . 1. Premises. Subject to the following terms and conditions, Landlord leases to Tenant the real property (the "Property") described in attached Exhibit A. The Property, located at 8530 SW Pfaffle Street, Tigard, Washington County, Oregon 97223 comprises approximately 5, 662 square feet. 2 . Term. The initial term of this Lease shall be five years, commencing upon the earlier of (a) written notification by Tenant to Landlord of Tenant's receipt of all Governmental Approvals, or (b) six (6) months from Execution Date of this Lease (the "Commencement Date") , and terminating at Midnight on the last day of the month in which the fifth annual anniversary of the Commencement Date shall have occurred. 3 . Permitted Use. The Property may be used by Tenant only for permitted uses, which are the transmission and reception of radio communication signals and for the construction, maintenance, repair or replacement of related facilities, towers, antennas, equipment or buildings and related activities. Tenant shall obtain, at Tenant' s expense, all licenses and permits required for Tenant's use of the Property from all applicable government and/or regulatory entities (the "Governmental Approvals") and may (prior to or after the Commencement Date) obtain a title report, perform surveys, soils tests, and other engineering procedures on, under and over the Property, necessary to determine that Tenant' s use of the Property will be compatible with Tenant's engineering specifications, system design, operations and Governmental Approvals. Landlord agrees to reasonably cooperate with Tenant (at no cost to Landlord) , where required, to perform such procedures or obtain Governmental Approvals. Landlord agrees that Tenant shall have the right to immediately terminate this Lease if Tenant notifies Landlord of unacceptable results of any title report or of the survey or soils tests. RECEIVED PLANNING DEC 072001 Page 1 CM/ y.,,.. 4 . Rent. a. Upon the Commencement Date, Tenant shall pay Landlord, as rent, the sum of Six Hundred Twenty Five Dollars ($625. 00) per month ("Rent") . Rent shall be payable on the first day of each month in advance to Donald Schaefer and Michael Munch at Landlord' s address specified in Paragraph 12 below. b. If this Lease is terminated at a time other than on the last day of a month, Rent shall be prorated as of the date of termination for any reason other than a default by Tenant, and all prepaid Rents shall be refunded to Tenant. c. If Tenant shall not have obtained all Governmental Approvals on or before the date specified in 2 (b) above, then Tenant shall , by notice to Landlord, have the right to cancel all rights and obligations under this Lease, provided Tenant reimburses Landlord for actual, reasonable, legal or other preparatory expenses incurred to a maximum of $500. 00 . d. Rent shall be adjusted on each annual anniversary of the Commencement Date throughout the initial term and any Renewal Term of this Lease (each date of adjustment being referred to as an "Adjustment Date") by multiplying the Monthly Rent then in effect by the CPI Adjustment. The "CPI Adjustment" shall be a fraction, the numerator of which shall be the CPI for the Adjustment Date and the denominator of which shall be the CPI for the Commencement Date (as to the first rental adjustment) or the immediately prior Adjustment Date (as to subsequent adjustments) . "CPI" shall mean the All Items, All Urban Consumers Price Index for the Portland-Vancouver Consolidated Metropolitan Statistical Area (1982-84=100) , as published by the United States Department of Labor, Bureau of Labor Statistics. If the CPI is discontinued or revised during the term hereof then such other index or computation with which it is replaced or another index reasonably chosen by Landlord and Tenant shall be used. If the CPI is not published for the Commencement Date or any Adjustment Date, then the CPI published closest to and after such date shall be used. In the year in which each Adjustment Date occurs, Tenant shall submit a statement to Landlord reflecting the increase, if any, as herein provided. In no event shall monthly Rent be less than that in effect immediately preceding the applicable Adjustment Date. In no event shall the CPI adjustment exceed 5% of the monthly rent in effect immediately preceding the applicable Adjustment Date. 5 . Renewal . Tenant shall have the right to extend this Lease for five additional, five-year terms ("Renewal Term") . Each Renewal Term shall be on the same terms and conditions as set forth herein. This Lease shall automatically renew for each successive Renewal Term unless Tenant shall notify Landlord, in writing, of Page 2 Tenant ' s intention not to renew this Lease, at least 60 days prior to the expiration of the term or any Renewal Term If Tenant shall remain in possession of the Property at the expiration of this Lease or any Renewal without a written agreement, such tenancy shall be deemed a month-to-month tenancy under the same terms and conditions of this Lease. 6. Interference. Tenant shall not use the Property in any way which electronically or physically interferes with the use of Landlord ' s adjoining properties. (Note; a portion of sentence deleted) Similarly, Landlord shall not use, nor shall Landlord permit its tenants, licensees, employees, invitees or agents to use, any portion of Landlord' s adjoining properties in any way which electronically or physically interferes with the operations of Tenant. Such interference shall be deemed a material breach by the interfering party, who shall , upon notice from the other, be responsible for terminating said interference. In the event any such interference does not cease promptly, the parties acknowledge that continuing interference may cause irreparable injury and, therefore, the injured party shall have the right, in addition to any other rights that it may have at law or in equity, to bring action to enjoin such interference or to terminate this Lease immediately upon notice. 7 . Improvements; Utilities; Access. a. Tenant shall have the exclusive rights, at its expense, to demolish the existing structure and to erect and maintain on the Property improvements, personal property and facilities, including without limitation an antenna tower and base, and any number of radio transmitting and receiving antennas, and an electronic equipment shelter (collectively the "Antenna Facilities") . Landlord' s prior consent to the plans and specifications for such buildings and other improvements shall be required but shall not be unreasonably withheld or delayed and shall be deemed given as to those items listed in Exhibit B hereto. Tenant shall have the right to replace or upgrade Antenna Facilities at any time during the term of this lease. Tenant shall cause all construction to occur lien-free and in compliance with all applicable laws and ordinances. The Antenna Facilities shall remain the exclusive property of Tenant. Tenant shall remove the Antenna Facilities upon termination of this lease. b. Tenant, at its expense, may use any and all appropriate means of restricting access to the Antenna Facilities, including, the construction of a fence. c. Tenant shall , at Tenant' s expense, keep and maintain the Property and all buildings and improvements hereafter located thereon in commercially reasonable condition Page 3 and repair during the term of this Lease. Upon termination or expiration of this Lease, the Property shall be returned to Landlord in as near as practicable to its original condition. d. Tenant shall pay any additional utilities charges due to Tenant' s use. Tenant shall have the right to install utilities, at Tenant ' s expense, and to improve the present utilities on the Property (including, but not limited to the installation of emergency power generators) . Landlord hereby grants an easement to permanently place any utilities on, or to bring utilities across, the Property in order to service the Property and the Antenna Facilities. (e) Tenant shall have 24-hour-a-day, 7-day-a-week access to Property at all times during the term of this Lease and any Renewal Term. (f) Tenant agrees to permit adjoining Landlord ' s tenant vehicular access to the south of Landlord' s adjoining property, during the term of this lease, via the east Property driveway and the east 15 feet of the Property. Said access shall be revocable if, in Tenant ' s opinion, Landlord ' s adjoining tenant should create a nuisance or blockage or otherwise adversely affect Tenant' s use or condition of the Property. (g) Tenant shall, at Tenant' s expense, apply for a permit from Oregon Department of Transportation, Right-of-Way Landscaping Division, to remove one 100 ' fir tree located immediately south of Property. Right to remove this tree shall be considered one of the governmental approvals necessary to effect this lease. 8 . Termination. Except as otherwise provided herein, this Lease may be terminated, without any penalty or further liability as follows: (a) upon 10 days ' written notice by Landlord if Tenant fails to cure a default for payment of amounts due under this Lease within that 10 day period; (b) upon 30 days ' written notice by either party if the other party defaults and fails to cure such default within that 30-day period, or such longer period as may be required to diligently complete a cure commenced within that 30-day period; (c) upon ninety (90) days ' written notice by Tenant, if it is unable to obtain, maintain, or otherwise forfeits or cancels any license, permit or Governmental Approval necessary to the construction and/or operation of the Antenna Facilities or Tenant ' s business ; (d) excepting the initial 5-year term, upon ninety (90) days ' written notice by Tenant if the Property is or becomes unacceptable under Tenant ' s design or engineering specifications Page 4 for its Antenna Facilities or the communications system to which the Antenna Facilities belong; (e) at the time title of the Property transfers to a condemning authority, pursuant to a taking of all or a portion of the Property sufficient in Tenant' s determination to render the Property unsuitable for Tenant' s use. Landlord and Tenant shall each be entitled to pursue their own separate awards with respect to such taking. Sale of all or part of the Property to a purchaser with the power of eminent domain in the face of the exercise of the power, shall be treated as a taking by condemnation. 9 . Taxes. Tenant shall pay any personal property taxes assessed on, or any portion of such taxes attributable to, the Antenna Facilities. Landlord shall pay when due all real property taxes and all other fees and assessments attributable to the Property. However, Tenant shall pay, as additional Rent, any increase in real property taxes levied against the Property (excluding any additional taxes that relate to the period prior to the Commencement Date, i. e. roll-back taxes) which is directly attributable to Tenant ' s use of the Property, and Landlord agrees to furnish proof of such increase to Tenant. 10. Insurance and Subrogation. a. Tenant will provide Commercial General Liability Insurance in an aggregate amount of $1, 000, 000, and name Landlord as an additional insured on the policy or policies. Tenant may satisfy this requirement by obtaining appropriate endorsement to any master policy of liability insurance Tenant may maintain. b. Landlord and Tenant hereby mutually release each other (and their successors or assigns) from liability and waive all right of recovery against the other for any loss or damage covered by their respective first party insurance policies for all perils insured thereunder. In the event of such insured loss, neither party ' s insurance company shall have a subrogated claim against the other. 11 . Hold Harmless. Tenant agrees to hold Landlord harmless from any and all claims arising from the installation, use, maintenance, repair or removal of the Antenna Facilities, except for claims arising from the negligence or intentional acts of Landlord, its employees, agents or independent contractors . 12 . Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, or sent by overnight carrier to the following addresses: Page 5 If to Landlord, to: If to Tenant, to: Donald M. Schaefer Interstate Mobilephone Co. Michael T. Munch dba Cellular One C/O Coast Services Attn: Real Estate Manager 10505 SW Tigard Street P.O. Box 1119 Tigard, OR 97223 Portland, OR 97207 with a copy to: with a copy to: Michael T. Munch McCaw Cellular Communications Western States Electric Pacific N.W. Regional Office 9151 SE McBrod 12112 115th Avenue N.E. Portland, OR 97222 Kirkland, Washington 98034 Attn: Regional Legal Counsel 13 . Quiet Enjoyment, Title and Authority. Landlord covenants and warrants to Tenant that (i) Landlord has full right, power, and authority to execute this Lease; (ii) it has good title to the Property free and clear of any liens or mortgages except those disclosed to Tenant which will not interfere with Tenant' s right to or use of the Property; and (iii) the Property constitutes a legal lot or a legal variance therefrom has been granted or can be secured; and (iv) execution and performance of this Lease will not violate any laws, ordinances, covenants, or the provisions of any mortgage, lease, or other agreement binding on Landlord. Landlord covenants that at all times during the term of this Lease, Tenant ' s quiet enjoyment of the Property or any part thereof shall not be disturbed as long as Tenant is not in default beyond any applicable grace or cure period. 14 . Environmental Laws. Tenant represents, warrants and agrees that it will conduct its activities on the Property in compliance with all applicable Environmental Laws (as defined in attached Exhibit C) . Landlord represents, warrants and agrees that it has in the past conducted its activities on the Property in compliance with all applicable Environmental Laws and that the Property is free of Hazardous Substance (as defined in attached Exhibit C) as of the date of this Lease. Landlord shall be responsible for, and shall promptly conduct any investigation and remediation as required by any Environmental Laws or common law, of all spills or other releases of Hazardous Substance, not caused solely by Tenant, that have occurred or which may occur on the Property. Tenant agrees to defend, indemnify and hold Landlord harmless from and against any and all claims, causes of action, demands and liability including, but not limited to, damages, costs, expenses, assessments, penalties, fines, losses, judgements and Page 6 attorney ' s fees that Landlord may suffer due to the existence or discovery of any Hazardous Substance on the Property or the migration of any Hazardous Substance to other properties or released into the environment, that relate to or arise from Tenant ' s activities on the Property. The indemnifications in this section specifically include costs incurred in connection with any investigation of site conditions or any cleanup, remedial , removal or restoration work required by any governmental authority. 15 . Assignment and Subleasing. Provided Landlord 's rights and interests are not adversely affected, Tenant may assign this Lease to any person controlling, controlled by, or under common control with Tenant, or any person or entity that, after first receiving FCC or state regulatory agency approvals, acquires Tenant ' s radio communications business and assumes all obligations of Tenant under this Lease. Upon such assignment, Tenant shall be relieved of all liabilities and obligations hereunder and Landlord shall look solely to the assignee for performance under this Lease and all obligations hereunder. Tenant may sublet this Lease, upon notice to Landlord, only if such sublease is subject to the provisions of this Lease. All other assignments of this Lease must be approved by Landlord, which approval will not be unreasonably withheld. Additionally, Tenant may, upon notice to Landlord, mortgage or grant a security interest in this Lease and the Antenna Facilities, and may assign this Lease and the Antenna Facilities to any such mortgagees or holders of security interests including their successors or assigns (hereinafter collectively referred to as "Mortgagees") , provided such Mortgagees agree to be bound by the terms and provisions of this Lease. In such event, Landlord shall execute such consent to leasehold financing as may reasonably be required by Mortgagees. Landlord agrees to notify Tenant and Tenant' s Mortgagees simultaneously of any default by Tenant and to give Mortgagees the same right to cure any default as Tenant except that the cure period for any Mortgagee shall not be less that ten (10) days after receipt of the default notice. 16 . Successors and Assigns. This Lease shall run with the Property, and shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns. 17 . Waiver of Landlord' s Lien. Landlord hereby waives any and all lien rights it may have, statutory or otherwise, concerning the Antenna Facilities or any portion thereof which shall be deemed personal property for the purposes of this Lease, regardless of whether or not same is deemed real or personal property under applicable laws, and Landlord gives Tenant the right to remove all or any portion of same from time to time in Tenant' s sole discretion and without Landlord' s consent. Page 7 18. Option to Purchase. Subject to the terms and provisions contained herein, Landlord hereby grants to Tenant an Option to Purchase (the "Option") the Property. Such Option may be exercised by Tenant at any time during the last 6 months of the Initial Term of this Lease. Tenant shall exercise its Option by notifying Landlord in writing at Landlord's address specified in paragraph 12 herein. The full purchase price of the Property shall be $35, 000 paid in cash. Prior to closing Landlord shall furnish, at Landlord' s expense, to Tenant a preliminary title report made by a title insurance company disclosing, in Tenant 's judgement, good and marketable title to the subject Property. The title company shall be willing to provide Tenant title insurance to the subject Property in the amount of the purchase price. Conveyance of the property shall be by Warranty Deed. Costs of escrow shall be shared equally between Landlord and Tenant. Prorates for rents, currents year's taxes and other prepaid expenses attributable to the Property shall be as of the date of recording of such Warranty Deed. In the event that Tenant chooses not to exercise its Option, this Lease shall remain in full force and effect as to its Initial Term and any or all Renewal Terms. 19 . Miscellaneous: a. The substantially prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorney' s fees and court costs, including appeals, if any. b. Each party agrees to furnish to the other, within ten (10) days after request, such truthful estoppel information as the other may reasonably request. c. This Lease constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to this Lease must be in writing and executed by both parties. d. If either party is represented by a real estate broker in this transaction, that party shall be fully responsible for any fee due such broker, and shall hold the other party harmless from any claims for commission by such broker. e. Each party agrees to cooperate with the other in executing any documents (including a Memorandum of Lease) necessary to protect its rights or use of the Property. The Memorandum of Lease may be recorded in place of this Lease, by either party. f. This Lease shall be construed in accordance with the laws of the state in which the Property is located. Page 8 g. If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. The Execution Date of this Lease is the /D -day of November, 1993 . LANDLORD: DONALD M. SCHAEFER and MICHAEL T. MUNCH as tenants in common. By. Donald S .efer Federal Tax ID Number By: Michael T. Munch ,/ Federal Tax ID Number 93-078 9 ?3 TENANT: INTERSTATE MOBILEPHONE COMPANY, a general partnership <<rBy: /Wi_ William D. McAllister, General Manager for and on behalf of McCaw Communications of the Pacific Northwest, Inc. , general partner Page 9 STATE OF ORFi,GO4 17 k ) COUNTY OF WASHINGTON) On this /o TI}day of November, 1993, before me, a Notary Public in and for the State of Oregon, personally appeared Donald M. Schaefer, known to me to be the individual who executed the within and foregoing instrument, and acknowledged the said instrument to be his free and voluntary act and deed for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. x L ^■ a:w1 , E 7C1�rin-> (4��`�. EGON NOTAR PUBLIC in and for the MY COMBER 18, 1997 State of Oregon. My Commission Expires: ip-a-60 STATE OF OREGON ) COUNTY OF WASHINGTON ) it On this Jp-r day of November, 1993, before me, a Notary Public in and for the State of Oregon, personally appeared Michael T. Munch, known to me to be the individual who executed the within and foregoing instrument, and acknowledged the said instrument to be his free and voluntary act and deed for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. �v NOT Y PUBLIC in and for the .�•- w OF SEAL Sta e of Oregon. 4 JANET K COTE My Commission Expires: /D -/S-g7 NOTARY PUBLIC-OREGON I COMMISSION NO.026442 MY COMMISSION EXPIRES OCTOBER 18 1997 Page 10 STATE OF OREGON COUNTY OF MULTNOMAH ) On this /7 day of November, 1993, before me, a Notary Public in and for the State of Oregon, personally appeared William D. McAllister known to me to be the General Manager of Interstate Mobilephone Co. , dba Cellular One, the partnership that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said partnership for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. OFFICIAL SEAL S cy3,//-6._PUBLIC in and for the BETTE B. FRANKLIN State of Oregon. NOTARY PUBLIC OREGON My Commission Expires: �'`y/ t, COMMISSION NO. 017261 J MY COMMISSION EXPIRES AUG. 4. 1996 Page 11 EXHIBIT A to the Site Lease Agreement dated November , 6 , 1993 between DONALD M. SCHAEFER and MICHAEL T. MUNCH, as Landlord, and INTERSTATE MOBILEPHONE CO. , a general partnership, as Tenant. Legal Description The Property is legally described as follows: Lot 20, Block "0" , according to the duly filed plat of METZGER ACRE TRACTS, in the city of Tigard, filed March 9 , 1908 , in Plat Book 2 , Page 41, Records of the County of Washington and State of Oregon, EXCEPT the East 100 feet thereof. ALSO EXCEPTING therefrom that portion condemned and conveyed to the State of Oregon in State Circuit Court Case No. 23804, in judgment entered July 15, 1963 . Page 12 EXHIBIT B to the Site Lease Agreement dated November JD, 1993 between DONALD M. SCHAEFER and MICHAEL T. MUNCH, as Landlord, and INTERSTATE MOBILEPHONE CO. , a general partnership, as Tenant. Site Plan I 110,-0" _ . . _50' _ — . . 15 -0 I GATE E . N e-) / _ _X- .. -.I .4- . GRAVEL h i • BUILDI4 TO BE 1 rn NEW 7' HIGH c' •�' REMOVED '7" . (, + CHAIN. LINK FENCE 6' 4 '6- I W/ SECURITY WIRE T��ti ' I 5' � • � -0" /A 6s,N S, , _i 1 ;N . ,�`• � O * \ t� / . ^) DAMAGED FIR /. \ I \. i TREE TO BE ( '`\1 I/� ' �1°c REMOVED L _ _ __ I i \ ∎ / 1 / I1\ Ny . I 1 \ /\�T c :S.TOWER & ANTENNA \iir"�\ I DECIDUO k\* `d TREE TO REMAIN J Page 13 EXHIBIT C To the Site Lease Agreement dated November (D , 1993 between DONALD M. SCHAEFER and MICHAEL T. MUNCH, as Landlord, and INTERSTATE MOBILEPHONE CO. , a general partnership, as Tenant. Environmental Laws As used in this Lease, "Environmental Laws" means all federal, state and local environmental laws, rules, regulations, ordinances, judicial or administrative decrees, orders, decisions, authorizations or permits, including, but not limited to, the Resource Conservation and Recovery Act, 42 U. S . C. 6901, et seq. , the Clean Air Act, 42 U. S .C. 7401, et seq. , the Federal Water Pollution control Act, 33 U. S. C. 1251, et seq. , the Emergency Planning and Community Right to Know Act, 42 U.-S . C. 1101, et seq. , the Comprehensive Environmental Response, Compensation and Liability Act, 42 U. S. C. 9601, et. seq. , the Toxic Substances Control Act, 15 U. S. C. 2601, et. seq. , the Oil Pollution Control Act, 33 U.S. C. 2701, et. seq. , and Oregon Revised Statutes, or any other comparable local, state or federal statute or ordinance pertaining to the environment or natural resources and regulations pertaining thereto. As used in this Lease, "Hazardous Substance" means any hazardous substances as defined by the Comprehensive Environmental Response, Compensation and Liability Act, as amended from time to time; any hazardous waste as defined by the Resource Conservation and Recovery. Act of 1976, as amended from time to time; any and all material or substance defined as hazardous pursuant to any federal, state or local laws or regulations or order; and any substance which is or becomes regulated by any federal, state or local government authority, any oil, petroleum products and their by-products. Page 14 12/1O/Or Conditions Associated with Case #: SDR2001-00004 11:49:18 AM Cond. Stat. Changed Updated Code Title Hold Status Changed By Tag Updated By 0001 ACCESS EASEMENT 0 Met 12/10/01 MT 12/10/01 MET 1. Provide evidence that an access easement has been recorded with the property to the west. If there is no existing easement for the property to the west,the applicant shall provide said access easement,and shall negotiate in good faith to obtain a reciprocal 15-foot access easement from that property for potential future expansion of the access drive. The acquisition of the reciprocal easement shall not obligate the construction of the wide access drive,until such time that the nature or occupancy of the business changes,as provided for in Condition No. 19. 0001 PARKING SPACES/DIMENSIONAL REQ. 0 Met 12/10/01 MT 12/10/01 MET 2. Provide a revised site plan showing all 6 parking spaces meeting the minimum dimensional requirements of TDC Section 18.765.040.N. 0001 BICYCLE RACK 0 Met 12/10/01 MT 12/10/01 MET 3. Provide a detail on the site plan for the 2-stall bicycle rack designed according to TDC Section 18.765.050.C. 0001 REVISED LANDSCAPE PLAN 0 Met 12/10/01 MT 12/10/01 MET 4. Provide a revised landscape plan which includes the following: A. type and quantity of ground cover to be planted along the east and north property line; B. three flowering pear street trees;C. new trees to account for mitigation requirement(as part of the tree removal). The amount of required mitigation will depend on the number of trees over 12-inch diameter that will be removed,pursuant to TDC Section 18.790.030.B. Required street trees and parking lot trees cannot be counted towards the mitigation requirement; D. additional low lying and vertical shrubbery between the parking area and the lawn;and E. planting material for the water quality facility,per Condition No. 12. 0001 TREE REMOVAL/PROTECTION PLAN 0 Met 12/10/01 MT 12/10/01 MET 5. Provide a Tree Removal and Protection Plan showing all trees on the site,the size of the trees and which trees are to be removed. Trees shall be identified consistently with the arborist report. Tree protection recommendations from the applicant's arborist,as well as,those from the City Forester as stated later in this decision shall be incorporated into the protection plan drawings. The plan shall also include a table summarizing the trees to remain versus those to be removed,the representative percentage of total trees preserved to those removed,and the total caliper inches proposed for removal. 0001 MIXED SOLID WASTE COMPLIANCE 0 Met 12/10/01 MT 12/10/01 MET 6. Provide a statement addressing the criteria of one of the 4-methods of compliance for Mixed Solid Waste and Recyclable Storage(Section 18.755.040). 0001 PUBLIC IMP.PERMIT/COMP.AGRMT. 0 Not Met BR 11/19/01 ST 7. Prior to issuance of a site permit,a public improvement permit and compliance agreement is required for this project to cover the half-street improvement and any other work in the public right-of-way. Five(5)sets of detailed public improvement plans shall be submitted for review to the Engineering Department. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public improvement plans shall conform to City of Tigard Public Improvement Design Standards,which are available at City Hall and the City's web page(www.ci.tigard.or.us). 0018 COMP AGRMNT/$ASSURANCE INFO REQD 0 Not Met BR 11/19/01 ST 8. As a part of the public improvement plan submittal,the Engineering Department shall be provided with the exact legal name,address and telephone number of the individual or corporate entity who will be responsible for executing the compliance agreement(if one is required)and providing the financial assurance for the public improvements. For example,specify if the entity is a corporation, limited partnership,LLC,etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. 0001 DEDICATE ROW 0 Not Met BR 11/19/01 ST 9. Prior to issuance of the site permit,the applicant shall dedicate five(5)additional feet of right-of-way to be conveyed to the City of Tigard,along the frontage of SW Pfaffle Street to increase the right-of-way to 30 feet from centerline. The description shall be tied to the existing right-of-way centerline. Verification that the dedication has been recorded shall be provided to the City Engineering Department. 0001 HALF-STREET IMP./PFAFFLE ST. 0 Not Met BR 11/19/01 ST 10. The applicant shall submit construction plans to the Engineering Division which indicate that they will construct a half-street improvement along the frontage of SW Pfaffle Street. The improvements adjacent to this site shall include: A. City standard pavement section for a local commercial industrial street from curb to centerline equal to 20 feet; B. pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond the site frontage; C. concrete curb,or curb and gutter as needed; D. storm drainage,including any off-site storm drainage necessary to convey surface and/or subsurface runoff; E. 5-foot concrete sidewalk; F. street trees behind the sidewalk spaced per TDC requirements; G. street striping(if applicable); H. streetlight layout by applicant's engineer,to be approved by City Engineer; I. street signs(if applicable);and J. driveway apron. Page 1 of 2 ■ NicoIi Engineering , Inc. VW PO Box 23784 Tigard, Oregon 97281 • Phone: (503) 620-2086 • Fax: (503) 684-3636 October 31, 2001 NEI#: 00-1101 City of Tigard RECEIVED PLANNING ATTN: Morgan Tracy, Planning Department Brian Rager, Engineering Department 13125 SW Hall Blvd DEC 0 7 2001 Tigard, OR 97223 CITY OF TIGARD RE: SDR 20001-00004 Conditions of Approval The following items correspond to the items listed in the Conditions of Approval notice sent to this office on October 30, 2001: Planning Conditions of Approval: 1 . Mr. Dalton obtained the lease agreement from the previous owner (a copy is enclosed for your review). The tenant (cell tower) shall have 24-hour, 7 days a week access to the cell tower site (page 4:7e). The lease also addresses a 15' vehicular access, page 4: 7f. 2. The width of the two standard spaces has been increased to 8'-6". 3. The bicycle rack, which can be found on sheet 1.2, has been copied to the Site Plan, sheet 1.1. 4. The landscape plan includes the following: A. Ground cover has been noted on sheet 1.2. B. An additional street tree has been added on sheet 1.2. C. Refer to sheet 1.2 for mitigation notes. D. Additional shrubbery has been noted on sheet 1.2. E. No water quality facility is being proposed (see response to item 12). 5. A tree removal and protection plan along with a mitigation plan has been added to the landscape plan, sheet 1.2. 6. One of the 4 methods for demonstrating compliance is the "franchised hauler review and sign-off'. Pride Disposal reviewed the enclosure and approved the size and location. The approval letter was submitted with the first SDR submittal documents and has been enclosed for your review. Engineering Conditions of Approval: 7. To be provided by Harris McMonagle. 8. To be provided by Harris McMonagle. 9. To be provided by Harris McMonagle. 10.To be provided by Harris McMonagle. 11 .To be provided by Harris McMonagle. 12.Alternative devices for the treatment of storm water were investigated. The Stormfilter Catch Basin by Storm Water Management appeared to be the most feasible device for the project. The cost for this products installation is estimated X\J-001101\Letters\Conditions of Approval doc Page 1 of 2 9025 SW Center Street Tigard, OR 97223 — www.nicoliengineering.com - at $6,500. This does not include the "cartridges" which can cost up to $200 and require replacement periodically. In reviewing the projects impacts as noted in the Notice of Decision Section E (page 22, 23 of 26) the estimated unmitigated impact is -$2,104. With the addition of the Stormfilter Catch Basin cost, the estimated unmitigated impacts increase to -$7,704. The owner request that the storm water quality requirement be waived in-lieu-of a fee. 13.To be provided by Harris McMonagle. If you have any further questions regarding this matter please contact our offices at your earliest convenience. Sincerely, James Andrews, Project Manager X\J-0011011Letters\Conditions of Approval doc Page 2 of 2 • ' RETRUN RECORDED DOCIJ C TO: Wash' County,Oregon 2002-151873 . ' CITY HALL RECORDS DEPAk L n4ENT, 12N 3, 09:35:53 AM • CITY OF TIGARD ID-DD Cnt■l Stn■21 RECORDS1 • 13125 SW Hall Blvd. 515.00$5.00$11.00•Totals$32.00 Tigard,OR 97223 I NDIVIDUAL 00220519200201518730 30037 I,Jerry Hanson,Director of A mere!and Taxation and Ex-Officio County Clark for Washington County, T y✓r�. Oregon,do hereby certify that the within Instrument of 7:-T- roc .,cz i,.• writing was received and recorded In the book of ;i. Ic � ords of said county. `l_ .s0� ,����"""PPPNfff _ , File No. 7 -2-c-)()► - � tint .7. Jerry R.Hanson,Director mere!and Taxation, ��+ Ex-Officio County Clerk DEDICATION DEED FOR ROAD OR STREET PURPOSES Space above reserved for Washington County Recording informa David L. Dalton does hereby dedicate to the public a perpetual right-of-way for street,road, and utility purposes on, over, across, under,along,and within the following described real property in Washington County, Oregon: Attached Exhibit"A" To have and to hold the above-described and dedicated rights unto the public forever for uses and purposes hereinabove stated. The grantors hereby covenant that they are the owner in fee simple and the property is free of all liens and encumbrances, they have good and legal right to grant their right above-described, and they will pay all taxes and assessments due and owing on the property. The true consideration for this conveyance is $0.00. However, the actual consideration consists of or includes other property or value given or promised which is the whole consideration. IN WITNESS WHEREOF, I hereunto set my hand on this ( day of /V3 v4-'""I`S``,20 C L 2 7 41 Signature Signature T-5 73° "J. / - 5 . Tax Statement Mailing Address Property Address .7 ,1r C2,2C� ' ' of 7 zz3 STATE OF OREGON ) )ss. County of ngton ) ,,19 (7�aa'Icml� _� This instrument was acknowledged before me on 1(7/3/Q�(date)by: David L. Dalton (name of person(s)). �..,' OFFICIAL SEAL �._ c•.,,; J.PICKENS �,!5-, NOTARY PUBLIC-OREGON Notary's Signature WNi'I SgWill W.JUIIJUU /�N C l MY OgMM0MON WIRES 8iiriM 1Bi 9,2018 I My Cwmmianion Fsxpireut �� KA Accepted on behalf of the City of Tigard this 2- day of, -<<-»,ba..✓ 20 02 Q P. a City Engineer I:IENGPubic forms\DedicadonDeedROW.ndv.dot EXHIBIT "A" LEGAL DESCRIPTION DALTON RIGHT-OF-WAY DEDICATION A strip of land, 5.00 feet wide in Lot 20, Block"0", Metzger Acre Tracts, a subdivision of record in the southeast one-quarter of Section 35, Township 1 South, Range 1 West, W.M, City of Tigard, Washington County, Oregon; being a portion of that property in deed to David L. Dalton as described in Deed Document No. 2000-36418, and more particularly described as follows: The south 5.00 feet of the north 36.67 feet of the east 100.00 feet of said Lot 20. Ref: Plat of Metzger Acre Tracts Field notes for County Road#975 11/12/02 leg-2-dalton.doc JRH 11111111111111 1111 2002-151873 IIIIIIIIIIIIIII 11111111 II III ` - 2002-151873 DAL T ON PROPERTY PfAffLf O7 EE T Df D/CATION LEGAL DESCRIPTION DIAGRAM iI I ,1 I`\ w w 0 0 b b O O 1— NORTH LINE LOT 20 `� 6.67' SW PFAFFLE STREET 6_67' , (FORMERLY C.R.975) — W 1 tJ IJ O (11 (11 O O O O O O 100.00' (-- --Ex 25' R/W /1 25' 30' \\ 5.00' _ - _ _ 100.00' _ _ _ _ 5.00' R/W R/W �30' R/W DEDICATION 0 D r 0 Z I � A � 1 DALTON PROPERTY z m 70 (EAST 100' LOT 20 BLK. "0") I- -0 0 METZGER ACRE TRACTS 0 m DOC. N0.2000-36418 � o CI Z m I I (NECKED HARRIS—MeMONAGLE DAVE DALTON 9141 1"=20' J.R.H. ASSOCIATES, INC. OWNER/DEVELOPER DWG DALTON - ENGINEERS-SURVEYORS - DATE 8530 SW PFAFFLE STREET SHIT 12555 S.W. HALL BLVD. 11/12/02 TIGARD. OR 97223-8287 TIGARD, OREGON 97223 PHONE: (503) 639-3453 CF 1