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SDR1997-00014 SDR97 -00014 HALL PARK OFFICE CENTER { NOTICE OF DECISION SITE DEVELOPMENT REVIEW ISDRI 97-0014 ,] .�► VARIANCE [VAR) 97-0018 CITY OFTIGARD HALL PARK OFFICE CENTER Shaping Be�rCommunity SECTION I. APPLICATION SUMMARY CASES: FILE NAME: HALL PARK OFFICE CENTER Site Development Review SDR 97-0014 Variance VAR 97-0018 PROPOSAL: The applicant has requested Site Development Review approval to develop a two story, 32,735 square foot office building and related site improvements. APPLICANT: Mr. Mike Nedelisky OWNER: Brahma Premanada 25 82nd Drive, Suite 102 11515 SW Hall Boulevard Gladstone, OR 97207 Tigard, OR 97223 OWNER: Mr. Mike Nedelisky 25 82nd Drive, Suite 102 COMPREHENSIVE Gladstone, OR 97207 PLAN DESIGNATION: Commercial Professional; C-P. ZONING DESIGNATION: Professional/Administrative Office, Commercial District; C-P. The purpose of the C-P Zoning District is to provide for groups of businesses and offices in centers. Permitted uses include: Professional and Administrative services, Public agency administrative services, Cultural exhibits and library services, Public support facilities, Lodges, fraternal and civic assembly, Postal services, Animal sales and services, Business equipment sales and services, Communication services, Children's day care; Medical and dental services, Research services, and Financial, insurance, and real estate services, among others. LOCATION: 11481 SW Hall Boulevard; WCTM 1S135DA, Tax Lots 01400, 01800, 03500 and 03501. The subject property is located west of SW Hall Boulevard, south of the 217 Freeway, north and west of the existing Kindercare Day Care Center. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.64, 18.100, 18.102, 18.106. 18.108, 18.114, 18.116, 18.120, 18.150 and 18.164. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section IV. NOTICE OF DECISION SDR 97-0014NAR 97-0018-HALL PARK OFFICE CENTER PAGE 1 OF 14 CONDITIONS OF APPROVAL PRIOR TO THE ISSUANCE OF SITE AND/OR BUILDING PERMITS, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: (Unless otherwise noted, the staff contact shall be Brian Rager in the x Engineering Department (503) 639-4171.) 1 . Prior to issuance of a building permit, a street opening permit will be required for this project to cover the connection to the public sanitary sewer line in SW Hall Boulevard. The applicant will need to submit five (5) copies of a proposed public improvement plan for review and approval. NOTE: These plans are in addition to any drawings required by the Building Division and should only include information relevant to the public improvements. 2. As a part of the public improvement plan submittal, the Engineering Department shall be provided with the name, address and telephone number of the individual or corporate entity who will be responsible for executing the compliance agreement and providing the financial assurance for the public improvements. 3. Any necessary off-site utility easements shall be the responsibility of the applicant to obtain and shall be submitted to and accepted by the City prior to issuance of a building permit. 4. The applicant shall obtain a permit from the State of Oregon Highway Division (ODOT), to perform work within the right-of-way (ROW) of SW Hall Boulevard. A copy of the permit shall be provided to the City Engineering Department prior to issuance of a public improvement permit. 5. Prior to issuance of the site and/or building permit, the applicant shall submit evidence that they have obtained the necessary access permit from ODOT for the SW Hall Boulevard driveway. 6. The applicant shall obtain a permit from the Tualatin Valley Water District for the proposed water connection prior to issuance of the site and/or building permit. 7. Prior to issuance of the site and/or building permit, the applicant shall submit evidence to the City that ODOT has approved the on-site water detention facility and the outfall design into ODOT ROW. 8. The applicant shall provide an on-site water quality facility as required by Unified Sewerage Agency (USA) Design and Construction Standards (adopted by Resolution and Order No. 96-44). Final plans and calculations shall be submitted to the Engineering Department (Brian Rager) for review and approval prior to issuance of the building permit. In addition, a proposed maintenance plan shall be submitted along with the plans and calculations for review and approval. 9. Five (5) parking spaces west of the existing non-conforming detached single-family residence at 11463 SW Hall Boulevard (WCTM 1S135DA 01500) shall be replaced with a screening and buffering area that complies with the standards of Section 18.100 of the Tigard Community Development Code. STAFF CONTACT: Mark Roberts, Planning Division. NOTICE OF DECISION SDR 97-0014NAR 97-0018-HALL PARK OFFICE CENTER PAGE 2 OF 14 10. The applicant shall provide a written sign-off from the hauler regarding the design and - location of the trash and recycling container. STAFF CONTACT: Mark Roberts, Planning Division. 11 . The applicant shall provide a security lighting plan for review and approval by the Police Department. STAFF CONTACT: Jim Wolf, Tigard Police Department. 12. The recommended protective and therapeutic measures that were discussed within the arborist's report shall be undertaken. The applicant shall also comply with the schedule of continuing tree care as discussed within the arborist's report. STAFF CONTACT: Mark Roberts, Planning Division. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO A FINAL BUILDING INSPECTION: 13. 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. 14. Under the provisions of Oregon Structural Specialty Code (OSSC), Section 1702(4), the owner shall employ the design engineer responsible for the design and specifications of the private water quality facility to perform construction and visual observation of the water quality facility for compliance with the design and specifications at significant stages, and at completion of the construction. Prior to final building inspection, the design engineer shall provide the City of Tigard (Commercial Plans Examiner) with written confirmation that the water quality facility is in compliance with the design and specifications. (STAFF CONTACT: David Scott, 639-4171 , ext. 311). 15. All site improvements shall be installed and maintained as approved, pursuant to the revised site plan. Staff Contact: Mark Roberts, Planning Division. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site History: Previously a portion of this property was developed with a detached single-family residence. Prior to this application, the applicant applied for Site Development Review (SDR 95-0022) approval to develop a 22,600 square foot office building. This application was approved, subject to conditions, but expired due to inactivity. Recently, the applicant filed for a Lot Line Adjustment (MIS 97-0009) to reduce the overall size of the property by approximately 15,000 square feet from 1 .63 to 1.28 acres, and add this area to an adjoining property to the south of the subject parcel. NOTICE OF DECISION SDR 97-0014NAR 97-0018-HALL PARK OFFICE CENTER PAGE 3 OF 14 Vicinity Information: The site is adjoined by the 217 Freeway to the north. The site is contiguous with existing detached single-family residences to the west. To the east is a detached single-family residence and two (2) vacant parcels. Surrounding properties to the south and east are zoned Commercial Professional Uses and the properties to the west are designated for Low Density Residential Uses. Site Information and Proposal Description: The site is presently undeveloped. Presently, the westerly section of the property is wooded. The site is generally level with a portion of the northerly section of site sloping slightly towards the 217 Freeway. The applicant has proposed to develop a 32,735 square foot office building and 102 parking spaces. The applicant has proposed to develop a portion of the required parking spaces on an adjoining tax lot. The office building would obtain access via an existing driveway developed on the adjoining property. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Impact Study: Section 18.32.050 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 18.32.250 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. Because of the location of the site, it has no direct frontage on a public street. Therefore, no right-of-way dedication or street frontage improvements are possible. For this reason, Rough Proportionality findings are not applicable to this property. Use Classification: The applicant is proposing to build an office building. No specific future users were identified for this structure within the applicants' submittal but Section 18.42 (Use Classifications) identifies use categories such as Business Support Services, Professional and Administrative Services, Medical and Dental Services and Personal Services are permitted uses within the Commercial - Professional Zoning District. The proposed office use is the primary permitted use within the Commercial-Professional Zoning District. A range of future tenants could occupy the structure, some of which are listed above. Because of parking ratio limitations discussed elsewhere within this report, some of the aforementioned uses may not be allowed to locate on this site unless they represented a small portion of the tenant mix, or site revisions were made to provide additional off-street parking spaces. NOTICE OF DECISION SDR 97-0014NAR 97-0018-HALL PARK OFFICE CENTER PAGE 4 OF 14 Dimensional Requirements: Section 18.62.050 states that there is a 6,000 square foot mir,-^um lot area and an average lot width of 50 feet is required. Developments are required to provide a minimum of 15 percent landscaping. The total square footage of the site is 1 .28 acres (or 56,133 square feet), which exceeds the minimum lot size requirement. The site has an average width of approximately 120 feet, and is in excess of the required minimum lot width. The applicant proposes to landscape 14,708 square feet or 26 percent of the site. Setbacks: Section 18.62.050 states that there is no front, side, or rear yard setback is required except 20 feet shall be required where the zone abuts a residential zoning district. The 20-foot zoning district setback is applicable to the westerly property boundary as the site abuts a residential zone. The proposed structure is to be located approximately 79 feet from the westerly property line, in compliance with this standard. Building Height: Section 18.162.050 states that the maximum permitted building height is 45 feet within the Commercial Professional Zoning District. The proposed building is approximately 29 feet in height at the top of the second story which is under the maximum allowed 45-foot height. Landscaping Plan: Section 18.100.015 requires that the applicant submit a landscaping plan. This requirement has been satisfied as the applicant has submitted a plan indicating the number, type, and location of trees and shrubs. A total of 102 parking spaces are proposed. A total of 15 parking lot trees are required to serve this number of parking spaces. The applicant has proposed to provide twenty (20) parking lot trees. In addition, several existing trees are shown to remain on the site which may also shade the proposed parking lot. Street Trees: Section 18.100.033 states that all development projects fronting on a public street, private street or private driveway shall be required to plant street trees in accordance with Section 18.100.035. Section 18.100.035 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). The property does not have frontage onto a public or private street. Much of the private driveway that the property would use for access is developed on an adjoining parcel where other properties technically have frontage on the driveway. The applicant proposes to extend the driveway into the site and develop parking on both sides of the driveway. For this reason, the property would also not have frontage on a private driveway through the site. Therefore, this standard is not found to be applicable. Screening: Special Provisions: Section 18.100.110(A) 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-feet-wide and the landscaping shall be protected from vehicular damage by some form of wheel guard or curb. A minimum of 15 parking lot trees are required to serve the proposed 102 parking spaces that are proposed. A total of 20 new parking lot trees have been proposed. Several existing trees on the site may also provide shade over portions of the parking lot. For these reasons, the proposed parking lot landscape plan exceeds the minimum parking lot tree standards. All of the proposed NOTICE OF DECISION SDR 97-0014NAR 97-0018-HALL PARK OFFICE CENTER PAGE 5 OF 14 landscaped planter areas are at least three (3) feet in width, which is also in compliance with the applicable standards. Visual Clearance Areas: Section 18.102 requires that a clear vision area shall be maintained on the corners of all property adjacent to intersecting right-of-ways or the intersection of a public street and a private driveway. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, or temporary or permanent obstruction exceeding three (3) feet in height. The code provides that obstructions that may be located in this area shall be visually clear between three (3) and eight (8) feet in height (trees may be placed within this area provided that all branches below eight (8) feet are removed). A visual clearance area is the triangular area formed by measuring a 30-foot distance along the street right-of-way and the driveway, and then connecting these two (2), 30-foot distance points with a straight line. As indicated on the site plan, no structures are proposed to be located within the Clear Vision Area, as required by this section. Minimum Off-Street Parking: Section 18.106.030.(C)(22) requires a minimum of one (1) parking space for each 350 square feet of gross floor area for Professional Services, Financial Services and Personal Services. Based on one (1) space for each 350 square feet of gross floor area, a minimum of 94 parking spaces are required for this project. A total of 102 parking spaces are proposed. A total of five (5) parking spaces will apparently be lost as a land use buffer area for the existing detached single-family residence located to the east of a portion of the parking lot is required. However, after deduction of these spaces the site will still comply with the minimum parking ratio by providing 97 parking spaces. It should be noted that because the site is roughly utilizing the minimum Professional and Administrative Office use category as a parking ratio that other uses such as Medical and Dental office use types would not be permitted unless this use represented a small portion of the total building square footage or additional off-street parking was developed. Medical and Dental uses require one (1) parking space for each 200 square feet of gross floor area. The Americans with Disabilities Act (ADA): Section 18.106.020(M) became effective on January 26, 1992. All parking areas shall be provided with the required numbers and sizes of disabled person parking spaces as specified by applicable State of Oregon and federal standards. All disabled person parking spaces shall be signed and marked on the pavement as required by these standards. This section requires five (5) disabled parking spaces if one hundred and one (101) to one hundred and fifty (150) parking spaces are provided. The plan provides five (5) disabled parking spaces. Because the applicant is proposing to develop 97 parking spaces, the plan currently exceeds the minimum requirement. Bicycle Parking: Section 18.106.020(P) requires one (1) bicycle parking rack space for each 15 vehicular parking spaces in any development. Bicycle parking areas shall not be located within parking aisles, landscape areas, or pedestrian ways. A minimum of seven (7) bicycle parking spaces are required for this development. The plans indicate that a total of ten (10) bicycle parking spaces will be provided which exceeds the minimum standard. NOTICE OF DECISION SDR 97-0014NAR 97-0018-HALL PARK OFFICE CENTER PAGE 6 OF 14 Off-Street Loading space: Section 18.106.080 requires t,..At every commercial or industrial use having floor area of 10,000 square feet or more, shall have at least one (1) off-street loading space on site. This standard is applicable because the building is over 10,000 square feet. The applicant has proposed an inset curved loading area in front of the building to comply with this standard. Because of the office use type that is proposed, large scale trucks "semi" are not expected to service the future users supply needs. For this reason, the loading space, as designed. is found to comply with the loading standard. Access: Section 18.108.080 requires that commercial and industrial uses which require more than 100 parking spaces provide two (2) driveways with a minimum width of 30 feet and a minimum pavement width of 24 feet. Assuming the applicant develops ninety-seven (97) parking spaces the total of all proposed and existing parking spaces that would utilize the existing driveway to SW Hall Boulevard is one- hundred twenty one (121). The applicant has requested a variance to one (1) of the two (2) driveways that are required by this standard. The existing driveway that is to be used exceeds the minimum total width standard at 32 feet of total width. The driveway pavement width also meets the 24-foot minimum standard. Access Variance Section 18.108.150 allows the Director to approve, or approve with conditions, a request for an access variance based on the following findings: It is not possible to share access; The applicant has requested the Variance access for the purpose of sharing access among existing parking spaces than that which would normally be permitted. There are no other alternative access points on the street in question or from another street; The site takes access from SW Hall Boulevard which is designated as an Arterial Street within the City's Comprehensive Plan. Because of the higher traffic volumes, SW Hall Boulevard is designated to accommodate shared or restricted access and is required of all new development with access to SW Hall Boulevard. Because of the developed nature of adjoining properties, alternative points of access are not possible unless the applicant were to purchase and likely demolish an adjoining residence in order to access an alternate street such as SW Lomita Avenue. However, this would route commercial traffic through a residential neighborhood. The access separation requirements cannot be met; The proposed Variance does not involve separation requirements as the variance requests relief from developing a second driveway to serve more than 100 parking spaces. The request is the minimum variance required to provide adequate access; Based on the developed nature of properties adjoining SW Lomita Avenue, a variance from developing a second point of access is the least variance that is possible to afford this to address this requirement. The approved access or access approved with conditions will result in a safe access; Access to this site has been reviewed with the Tualatin Valley Fire District who found that the proposed site access could be revised to comply with applicable Uniform Fire Code standards. A detailed plan review and revisions for compliance with these standards will be required to be completed prior to the issuance of building permits. NOTICE OF DECISION SDR 97-0014NAR 97-0018-HALL PARK OFFICE CENTER PAGE 7 OF 14 The visual clearance requirements of Section 18.102 will be met. Because the applcant is not proposing to construct any site improvements within the Clear Vision Area, the applicant is not impacting the line-of-site condition at the existing driveway intersection on to SW Hall Boulevard. For this reason, this criteria is not found to be applicable. Walkways: Section 18.108.050(A) requires that a walkway be extended from the ground floor entrance of the structure to the street that provides the required ingress and egress. Unless impractical, walkways should be constructed between a new development and neighboring developments. Wherever required walkways cross vehicle access-driveways or parking lots, such crossings shall be designed and located for pedestrian safety. Required walkways shall be physically separated from motor vehicle traffic and parking by either a minimum six (6) inch vertical separation (curbed), or a minimum three (3) foot horizontal separation; except that pedestrian crossings of traffic aisles are permitted for distances no greater than 36 feet if appropriate landscaping, pavement markings, or contrasting pavement materials are used. Walkways shall be a minimum of four (4) feet in width, exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle racks, and sign posts, and shall be in compliance with ADA standards. The applicant has proposed to construct a walkway from SW Hall Boulevard to the building entrance. The walkway, as proposed, is four (4) feet in width and is physically separated from motor vehicle traffic except where the walkway crosses a driveway that serves an existing detached single-family residence. It is likely that the driveway would be crossed by an additional driveway upon development or redevelopment of the properties adjoining SW Hall Boulevard, but no more direct walkway or other unobstructed walkway alignment is possible without acquiring ROW given the existing development constraints on adjoining properties. Signs: Section 18.114.130(D) lists the type of allowable signs and sign area permitted in the C-P Zone. All signs shall conform to the provisions listed in this code section. All signs shall be approved through the Sign Permit process as administered by the Development Services Technicians. Mixed Solid Waste and Recyclables Storage: Section 18.116 requires that new construction incorporates functional and adequate space for on-site storage and efficient collection of mixed solid waste and source separated Recyclables prior to pick-up and removal by haulers. The applicant must choose one (1) of the following four (4) methods to demonstrate compliance: Minimum Standard, Waste Assessment, Comprehensive Recycling Plan, or Franchised Hauler Review and Sign- Off. The 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 proposed site plan includes a waste and recycling facility within the proposed parking lot. The applicant shall provide a written sign-off from the hauler regarding the design and location of the trash and recycling container in compliance with this section. Site Development Review - Approval_Standards: Section 18.120.180(A)(1) requires that a development proposal be found to be consistent with the various standards of the Community Development Code. The applicable criteria in this case are Chapters 18.32, 18.64, 18.100, 18.102, 18.106, 18.108, 18.114, 18.120, 18.150 and 18.164. The proposal's consistency with these Code Chapters is reviewed in the following sections. The proposal contains no elements related to the provisions of Sections 18.80 (Planned Developments); 18.84 (Sensitive Lands); 18.92 (Density Computations); 18.94 NOTICE OF DECISION SDR 97-0014NAR 97-0018-HALL PARK OFFICE CENTER PAGE 8 OF 14 (Manufactured/Mobile Home Regulations); 18.98 (Building HeigriL Limitations: Exceptions); or 1.i-1.144 (Accessory Use and Structures) which are also listed under Section 18.120.180.A.1. These Chapters are, therefore, found to be inapplicable as approval standards. The Newspaper Publication for this project stated that Section 18.134 (Variance) was applicable to this decision. However, the type of Variance that is proposed is defined as an Access Variance. Approval findings for this type of Variance are contained within Section 18.108. Therefore, Section 18.134 is not found to be applicable and Section 18.108 was listed correctly as an applicable approval standard. Section 18.120.180(A)(2) provides other Site Development Review approval standards not necessarily covered by the provisions of the previously listed sections. These other standards are addressed immediately below. The proposal contains no elements related to the provisions of 18.120.180.3 (Exterior Elevations); 18.120.180.5 (Privacy and Noise); 18.120.180.6 (Private Outdoor Areas: Residential Use); 18.120.180.7 (Shared Outdoor Recreation Areas: Residential Use); 18.120.180.8 (100-year floodplain); and 18.120.180.9 (Demarcation of Spaces) and are, therefore, found to be inapplicable as approval standards. Relationship to the Natural and Physical Environment: Section 18.120.180.2 states that buildings shall be located to preserve existing trees, topography, and natural drainage and that trees having a six (6) inch caliper or greater, shall be preserved or replaced by new plantings of equal character. There are a number of mature trees currently on the property. The applicant has proposed to remove several trees to construct the necessary development improvements. Tree removal has been reviewed in detail elsewhere within this report. The applicant has proposed to re-grade the site to the extent necessary to ensure proper drainage away from the proposed office building to the proposed on-site storm drainage facilities. Maintaining existing drainage flows does not appear possible while developing the site without increasing storm drainage flows onto the adjoining 217 Freeway right-of-way. Re-designing the building to develop the office on other portions of the site would still require a similar amount of grading as has been proposed. Buffering, Screening and Compatibility between adjoininq uses: Section 18.120.108.4(A) states that buffering shall be provided between different types of land uses. At a minimum the buffer must contain the following: 1) a 20 foot width for parking lots of more than 25 spaces, 2) a row of trees at a certain spacing based on their height at maturity and shrubs of varying numbers based on their size at planting, 3) the buffer must also contain either a row of evergreen shrubs, a five foot minimum height fence, wall, or an earthen berm with evergreen shrubs which will provide a continuous six foot screen within two years. Alternatively, the Director can approve a modified buffer plan which provides the same level of screening with a different combination of screening and buffering elements. This criteria is found to be applicable to this site along the westerly property line because of the existing detached single-family residential uses. A screening plan from these residences was provided. The applicant has proposed to develop a row of 25 parking spaces adjacent to a 20-foot wide buffer area. In addressing the row of tree requirement, the applicant has proposed to preserve one (1) deciduous tree and eight (8) Douglas Fir trees. The applicant has also proposed to plant four (4) Oregon White Oak trees and one (1) London Plane tree which are considered large trees in terms of their height at maturity. Because the buffer length is approximately 260 feet, a minimum of seven (7) trees are required to be provided for this development. The NOTICE OF DECISION SDR 97-0014NAR 97-0018-HALL PARK OFFICE CENTER PAGE 9 OF 14 applicant is proposing 14 trees, this portion of the buffering plan is in excess of the minimum standard. To address the required shrubbery portion of the buffering standards, the landscape plan provided a mixture of six (6) different types of shrubs. The plan proposes seven (7) 18-24" high "Anna Rose Whitney" Rhododendrons; nine (9) 3-foot-tall "Red twig Dogwoods"; eight (8) 18-24" high "Loders White" Rhododendrons; 16 - 18-24" "Purple Splendor" Rhododendrons; 13 - five (5)-gallon "Sword Ferns"; and 14 - 12-18" "Blue Diamond" Rhododendrons. Based on their size at planting, these shrubs are all comparable to five (5)- gallon shrubs. Because the total buffer area is approximately 5,200 square feet in area (260 feet of length x 20 feet of depth), a minimum of 52 - five (5)-gallon shrubs are required. A total of 67 have been provided. Therefore, the landscape plan exceeds the minimum standard. To address the screening requirement, the applicant has proposed to construct a six (6)-foot-high chain link fence with green vinyl slats along the westerly property line. This fence, as proposed, exceeds the minimum requirement. This standard is also found to be applicable along a portion of the easterly property line that adjoins an existing detached single-family residence at 11463 SW Hall Boulevard (WCTM 1S135DA, Tax Lot 01500). The applicant is presently showing a walkway and parking spaces within this area. Walkways are permitted to be developed within a screening and buffering area but parking spaces are prohibited in these areas. The applicant shall revise the site and landscape plans to comply with the screening and buffering standard. This will likely mean the loss of five (5) parking spaces. Because a detached single-family residence is a non-conforming use in the Commercial-Professional Zoning District, the requirement to continue to provide a screening and buffering area to this residence would not apply if the property were redeveloped and the structure were relocated or demolished. Section 18.120.108.4(B) states that on-site screening from view of adjoining properties of such things as service and storage areas, parking lots, and mechanical devices on roof tops shall be provided. As indicated on the site and landscape plan, parking areas are proposed to be screened from adjoining properties except as noted within the Conditions of Approval. Roof top mechanical equipment is proposed to be partially screened by the building itself but also through the use of a screening structure that is painted to match the roof structure. Crime Prevention and Safety: Section 18.120.108.10 requires that exterior lighting levels be selected and the angles shall be oriented towards areas vulnerable to crime and shall be placed in areas having heavy pedestrian or vehicular traffic. The Police Department has reviewed the applicant's plan and provided comments concerning Crime Prevention and Safety which are indicated within the "Other Staff Comments" portion of this staff report. Tree Removal: Section 18.150.025 requires that a tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided 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. This section requires a program to save existing trees or NOTICE OF DECISION SDR 97-0014NAR 97-0018-HALL PARK OFFICE CENTER PAGE 10 OF 14 mitigate tree removal for tr,ds over 12 inches in caliper. The applicant had originally cleared tree . on site in preparation for development under the previous Site Development Review (SDR 95-0022) approval but apparently had not cleared enough trees in certain areas to accommodate all proposed site improvements. An arborist report was provided with the application. The applicant has proposed to remove ten (10) existing trees. The arborist found these trees to be structurally unsound. Therefore, no tree mitigation is required. The arborist has recommended preservation of a total of eight (8) other existing trees into the site. The recommended protective and therapeutic measures that were discussed within the arborist's report shall be undertaken. The applicant shall also comply with the timing or continuing tree care also discussed within the arborist's report. Street Improvements: Section 18.164.030.A.1 states that no development shall occur unless the development has frontage or approved access to a public street and that streets within and adjacent shall be improved in accordance with ordinance standards. Because the subject property does not have direct frontage on a public street and would utilize an existing paved accessway, no street improvements are required. PUBLIC FACILITY CONCERNS: Sections 18.164.030(E)(1)(a) (Streets), 18.164.090 (Sanitary Sewer), and 18.164.100 (Storm Drains) shall be satisfied as specified below: STREETS: This site is located south of Highway 217 and adjacent to SW Hall Boulevard. The site is accessed via a joint driveway from SW Hall Boulevard. Southwest Hall Boulevard is an arterial street on the City's Transportation Plan and is under ODOT jurisdiction. An access permit is also required by ODOT to cover the joint driveway from SW Hall Boulevard. Evidence of this permit will need to be submitted to the City prior to issuance of the site and/or building permit. The applicant has submitted evidence that a joint access and parking easement presently exists over the portion of the site that will be used for access. WATER: This site is located within the Tualatin Valley Water District (TVWD). The applicant will need to obtain the appropriate permit from TVWD for the public water line connection prior to issuance of the site and/or building permit. SANITARY SEWER: There is an existing 8-inch public sanitary sewer line located in SW Hall Boulevard. This line has adequate capacity to handle the additional flows from this site. However, the applicant found that the elevations of this site are lower than the invert elevation of the sewer line, so an on-site private ejector pump system is proposed. A pressure sewer line will be extended from the new building along the joint driveway to a private manhole near SW Hall Boulevard. The line from the private manhole to the public sewer line in SW Hall Boulevard will be a gravity sewer line. This plan, as proposed, is acceptable to staff. The applicant will need to obtain a street opening permit from the Engineering Department to NOTICE OF DECISION SDR 97-0014NAR 97-0018-HALL PARK OFFICE CENTER PAGE 11 OF 14 cover the sewer connection in SW Hall Boulevard and a plumbing permit from the Building Divicw to cover all of the on-site private sewer line work. In addition to the City's street opening permit, the applicant will need to obtain a permit from ODOT for work to be done within their right-of-way. STORM DRAINAGE: Storm water from this site will be directed to the northwest corner of the site where it will be treated and detained in an on-site water quality/detention pond. From there, the storm water will be directed into the roadside drainage system for Highway 217. In order for this to occur, the applicant will need to obtain ODOT approval prior to issuance of the site and/or building permit. STORM WATER QUALITY: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) Design and Construction Standards (adopted by Resolution and Order No. 96-44) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan is required to be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. Prior to issuance of a site and/or building permit, the applicant shall submit plans and calculations for a water quality facility that will meet the intent of the USA Design Standards. In addition, the applicant shall submit a maintenance plan for the facility that must be reviewed and approved by the City prior to issuance of the building permit. As was stated previously, the applicant is proposing to treat the storm water from this site in an on-site pond. The applicant's engineer provided a preliminary sizing calculation that indicates the pond area shown on the plan should be sufficient to handle the storm water from this site. Under the provisions of the Oregon Structural Specialty Code, Section 1702(4), the owner shall employ the design engineer responsible for the design and specifications of the private water quality facility to perform construction and visual observation of the water quality facility for compliance with the design and specifications, at significant stages, and at completion of the construction. Prior to final building inspection, the design engineer shall provide the City of Tigard (Commercial Plans Examiner) with written confirmation that the water quality facility is in compliance with the design and specifications of same. GRADING AND EROSION CONTROL: USA Design and Construction Standards also regulates erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per USA regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. NOTICE OF DECISION SDR 97-0014NAR 97-0018-HALL PARK OFFICE CENTER PAGE 12 OF 14 SECTION V. OTh _rd STAFF COMMENTS The City of Tigard Building Division reviewed this application and had the following comments: 1 . The Fire District connection shown on sheet 1/C1.1 cannot pressurize the private fire hydrants; 2. Completion of a fire flow worksheet will be required; 3. A fire hydrant flow test at SW Hall Boulevard and last hydrant in line shall be performed; 4. Provide an approved fire apparatus turn around; 5. Relocate the western fire hydrant north by 50 feet; 6. Southeasterly elevation walls require one hour construction; 7. No underlying land divisions are permitted; 8. An accessible route from the public right-of-way to the building entrance is required; and 9. When the handicapped accessible route is less than five (5) feet in width, a turn-out shall be provided at intervals of not less than 200 feet. The City of Tigard Police Department reviewed this application and had the following comments: I have noted two (2) areas which appear to need additional lighting: 1 . I suggest that a light pole be located south of the proposed trash and recycling facility; 2. Suggest that lighting be provided at the northern most location on the site facing south-south/west; and 3. Recommend a sign placed at the entrance of the driveway near SW Hall Boulevard identifying the address and name "Hall Park Office Center", with ground light to illuminate the sign during darkness. *NOTE: Because the existing driveway to SW Hall Boulevard is not technically part of the office property, placement of a freestanding sign for the office center would preclude development of a second future freestanding sign by the property owner. For this reason, it is recommended that if a freestanding sign is constructed that it be designed to accommodate for future tenant(s) that could be located on the property. No other comments or objections were provided. SECTION VI. AGENCY COMMENTS No comments or objections were received. NOTICE OF DECISION SDR 97-0014NAR 97-0018-HALL PARK OFFICE CENTER PAGE 13 OF 14 SECTION.VII. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant/owners X Owners of record within the required distance X Affected government agencies Final Decision: THE DECISION SHALL BE FINAL ON MONDAY JANUARY 26, 1998 UNLESS AN APPEAL IS FILED. Appeal: Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.370 of the Community Development Code that provides that a written appeal must be filed with the City Recorder within ten (10) days after notice is given and sent. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. THE DEADLINE FOR FILING OF AN APPEAL IS 3:30 P.M. ON JANUARY 26, 1998. 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 . • G^ ` January 15. 1998 PREPARED BY: Mark Roberts DATE Associate Planner, AICP / /4 XG ,,/ - �i " "`' '�- ="e�� January 15, 1998 APPROVED BY: Ric rd Bewersdorff DATE Planning Manager is\curpin\mark_r\sdr97-14.dec NOTICE OF DECISION SDR 97-0014NAR 97-0018-HALL PARK OFFICE CENTER PAGE 14 OF 14 ' `.Of • II '.. utIA 110k. --::::z--s- •%, ss:\ i ss% 1 : :'M -1. �` ,'Proposed Two Story ''- ------ ;*:<� .e----- Office Building• --,� ffi� 4� 9 1 / we 14 N,s,4 \I, s•, g ;" 1 ♦^ • I ,' '2 Plire,V4■11Li:•; . 1),",/- --I S l! r r \, r � „ ''---%10 : r.„14111. MIEC) --‘--.1 ''''' \ '`.::.%; :s mell p ,----_--::_-_-.,.'*..,:,,i1r-z i.„.■ Li r ; eg = - Q h / ; \ I , CI i ,.\ 'Z'Zz: 0. -----------------a- -- ------ - --- ,i a s L - , cD IIIMOMI ii ;Q. � . . , O 1 : `u- I a I III - - !Mir ------ --....rte:.— -E—= — °�'� . O ' Existing •�'• - �"' 1. --- Kindercare Use >> -- ' _ .-- - - -, I ss„ l',_:_,., 1 1 S ' siirrnnu • CASE NO 51. HALL PARK OFFICE N SDR 97-0014 EXHIBIT MAP VAR 97-0008 � HOr-- R-N-SL , ■ i _ 1 . m • y := Nqg 2 Cti _ o� 0 al w k ' t LE 1, : .= sagoi_41iiiii Opt UUhx- C . — IrlW i I :1 1-1 1 : rgi Mk' , , w ■ 1 — -11. itill'alm. k CO i 4 ---F,_,,_ it- Y 1 LOMITA hr:i . I# FM Ot I AW $ ' S.... CO I ii A ■ >r . 1■■�► 4 ir% . * • 0 -.a.. ,i, .,. ■ , . , ., 4* MIL A.'" . Vidif 1 % All■AWS I 1 ICIt11 ' ap N SDR 91-0014/11111197-00011 Note: Map is not to scale A Hall Park Offices REQUEST FOR COMMENTS MEMORANDUM CITY OF TIGARD, OREGON DATE: January 14, 1998 TO: Mark Roberts, Planning Division FROM: Brian Rager, Development Review Engineer RE: SDR 97-0014, Hall Park Office Center Description: This request is for approval of a two-story office building to be located at 11481 SW Hall Boulevard (WCTM 1S1 35DA, Tax Lots 1400, 1800, 3500 and 3501). Findings: 1. Streets: This site is located south of Highway 217 and adjacent to SW Hall Boulevard. The site is accessed via a joint driveway from Hall Boulevard. Hall Boulevard is an arterial street on the City's Transportation Plan and is under ODOT jurisdiction. The right-of-way (ROW) requirement for this roadway is 45 feet from centerline. At present, the ROW appears to be 30 feet from centerline. In order to mitigate the additional traffic impact on this roadway and to allow for the necessary widening of Hall Boulevard, the applicant will need to dedicate additional ROW to ODOT prior to issuance of the site and/or building permit. An access permit is also required by ODOT to cover the joint driveway from Hall Boulevard; evidence of this permit will need to be submitted to the City prior to issuance of the site and/or building permit. The applicant has submitted evidence that a joint access and parking easement presently exists over the portion of the site that will be used for access. 2. Water: This site is located within the Tualatin Valley Water District (TVWD). The applicant will need to obtain the appropriate permit from TVWD for the ENGINEERING COMMENTS SDR 97-0014 Hall Park Office Center PAGE 1 public water line connection prior to issuance of the site and/or building permit. 3. Sanitary Sewer: There is an existing 8-inch public sanitary sewer line located in SW Hall Boulevard. This line has adequate capacity to handle the additional flows from this site. However, the applicant found that the elevations of this site are lower than the invert elevation of the sewer line, so an on-site private ejector pump system is proposed. A pressure sewer line will be extended from the new building along the joint driveway to a private manhole near Hall Boulevard. The line from the private manhole to the public sewer line in Hall Boulevard will be a gravity sewer line. This plan, as proposed, is acceptable to staff. The applicant will need to obtain a street opening permit from Engineering to cover the sewer connection in Hall Boulevard and a plumbing permit from the Building Division to cover all of the on-site private sewer line work. In addition to the City's street opening permit, the applicant will need to obtain a permit from ODOT for work to be done within their right-of-way. 4. Storm Drainage: Storm water from this site will be directed to the northwest corner of the site where it will be treated and detained in an on-site water quality/detention pond. From there, the storm water will be directed into the roadside drainage system for Highway 217. In order for this to occur, the applicant will need to obtain ODOT approval prior to issuance of the site and/or building permit. 5. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) Design and Construction Standards (adopted by Resolution and Order No. 96-44) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan is required to be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. Prior to issuance of a site and/or building permit, the applicant shall submit plans and calculations for a water quality facility that will meet the intent of the USA Design Standards. In addition, the applicant shall submit a maintenance ENGINEERING COMMENTS SDR 97-0014 Hall Park Office Center PAGE 2 plan for the facility that must be reviewed and approved by the City prior to issuance of the building permit. As was stated previously, the applicant is proposing to treat the storm water from this site in an on-site pond. The applicant's engineer provided a preliminary sizing calculation that indicates the pond area shown on the plan should be sufficient to handle the storm water from this site. Under the provisions of the Oregon Structural Specialty Code (OSSC), Section 1702(4), the owner shall employ the design engineer responsible for the design and specifications of the private water quality facility to perform construction and visual observation of the water quality facility for compliance with the design and specifications, at significant stages, and at completion of the construction. Prior to final building inspection, the design engineer shall provide the City of Tigard (Plans Examiner) with written confirmation that the water quality facility is in compliance with the design and specifications of same. 6. Grading and Erosion Control: USA Design and Construction Standards also regulates erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per USA regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. Recommendations: THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF THE SITE AND/OR BUILDING PERMIT: Note: Unless otherwise noted, the staff contact for the following conditions will be Brian Rager, Engineering Department (639-4171). 1 . Prior to issuance of a building permit, a Street Opening Permit will be required for this project to cover the connection to the public sanitary sewer line in Hall Boulevard. The applicant will need to submit five (5) copies of a proposed public improvement plan for review and approval. NOTE: these plans are in addition to any drawings required by the Building Division and should only include information relevant to the public improvements. ENGINEERING COMMENTS SDR 97-0014 Hall Park Office Center PAGE 3 2. As a part of the public improvement plan submittal, the Engineering Department shall be provided with the name, address and telephone number of the individual or corporate entity who will be responsible for executing the compliance agreement and providing the financial assurance for the public improvements. 3. Any necessary off-site utility easements shall be the responsibility of the applicant to obtain and shall be submitted to and accepted by the City prior to issuance of a building permit. 4. The applicant shall obtain a permit from the State of Oregon Highway Division, to perform work within the right-of-way of SW Hall Boulevard. A copy of the permit shall be provided to the City Engineering Department prior to issuance of a Public Improvement Permit. 5. Additional right-of-way shall be conveyed to the State of Oregon, by and through its Department of Transportation, Highway Division, along the frontage of SW Hall Boulevard to increase the right-of-way to 45 feet from centerline. The description shall be tied to the existing right-of-way centerline. Verification that the conveyance has been submitted to the State shall be provided to the City Engineering Department. (For additional information, contact Myron Melick; Oregon Department of Transportation, Right-of-Way Section, 7165 SW Fir Loop, Tigard, Oregon 97223, 684- 1510). 6. Prior to issuance of the site and/or building permit, the applicant shall submit evidence that they have obtained the necessary access permit from ODOT for the Hall Boulevard driveway. 7. The applicant shall obtain a permit from the Tualatin Valley Water District for the proposed water connection prior to issuance of the site and/or building permit. 8. Prior to issuance of the site and/or building permit, the applicant shall submit evidence to the City that ODOT has approved of the on-site detention facility and the outfall design into ODOT ROW. 9. The applicant shall provide an on-site water quality facility as required by Unified Sewerage Agency Design and Construction Standards (adopted by Resolution and Order No. 96-44). Final plans and calculations shall be submitted to the Engineering Department (Brian Rager) for review and approval prior to issuance of the building permit. In addition, a proposed maintenance plan shall be submitted along with the plans and calculations for review and approval. ENGINEERING COMMENTS SDR 97-0014 Hall Park Office Center PAGE 4 THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO A FINAL BUILDING INSPECTION: 10. 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. 11. Under the provisions of OSSC, Section 1702(4), the owner shall employ the design engineer responsible for the design and specifications of the private water quality facility to perform construction and visual observation of the water quality facility for compliance with the design and specifications, at significant stages, and at completion of the construction. Prior to final building inspection, the design engineer shall provide the City of Tigard (Plans Examiner) with written confirmation that the water quality facility is in compliance with the design and specifications of same. (STAFF CONTACT: David Scott, 639-4171, ext. 311). i:\engtrianr\comments\sdr97-14.bdr ENGINEERING COMMENTS SDR 97-0014 Hall Park Office Center PAGE 5 REQUEST FOR COMMENTS C o nGARD Community kDevelopment Shaping A,Better Community HATE December 4, 1997 yiej RECEIVED PLANNING TO: ,T /.5 lAQ/4 trz. 1 6 1997 FROM: City of Tigard Planning Division STAFF CONTACT: 4404 , Associate Planner Phone:[5031 63 -4171 Fax[5031684-7297 RE SITE DEVELOPMENT REVIEW (SDR) 97-0014/VARIANCE (VAR) 97-0018 A' HALL PARK OFFICE CENTER The applicant is requesting Site Development Review approval to develop a two (2) story office building. A Variance has also been requested to the maximum number of parking spaces that can be served from a single driveway. LOCATION: 11481 SW Hall Boulevard; WCTM 1S135DA, 01400, 01800, 03500 and 03501. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.64, 18.100, 18.102, 18.106, 18.108, 18.114, 18.116, 18.120, 18.134, 18.150 and 18.164. ZONE: Commercial Professional; C-P. The C-P Zoning District permits groups of businesses and offices within centers, among other uses. Attached is the Site Plan,Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: SAY --____DECEMBER 15, 1997 You may use the space provided below or attach a separate letter to return your comments. If you are unable to1Bspond 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 pr r is the follounnq information)Name of Personfsl Commenting: w!0) REQUEST FOR COMMENTS I .11 CRY OF TIOARD ` ,� �'VJ Community Development V v_ RECEIVED J►Q{ 'Better Communzty DATE December 4, 1997 DEC p 9 1997 TO: '' ' 1 I CITY OF TIGARD FROM: City of Tigard Planning Division STAFF CONTACT: Mark Roberts, Associate Planner Nine:15031639-41171 Fax(5031 684-7297 RE SITE DEVELOPMENT REVIEW (SDR) 97-0014/VARIANCE (VAR) 97-0018 r HALL PARK OFFICE CENTER The applicant is requesting Site Development Review approval to develop a two (2) story office building. A Variance has also been requested to the maximum number of parking spaces that can be served from a single driveway. IACATICN: 11481 SW Hall Boulevard; WCTM 1S135DA, 01400, 01800, 03500 and 03501. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.64, 18.100, 18.102, 18.106, 18.108, 18.114, 18.116, 18.120, 18.134, 18.150 and 18.164. =1E: Commercial Professional; C-P. The C-P Zoning District permits groups of businesses and offices within centers, among other uses. Attached is the Site Plan.Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: MINDAY — DECKER 15, 1997 — _ You may use the space provided below or attach a separate letter to return your comments. If you are unable trRspond 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: FIJ L lh caw '. /►'! /f/. / ('antic f C P ��- ,r1✓A / `► rfe h7C/t _ ✓%J ✓tc/r t Ei.7r 4 , /ti) FLE /i �C y floc 4%11,) to tR rA to L fell"( tte ✓/d, . � 1- /441.) E. 1?)t, a >Y/ 1,,.,r44" (.0 //��F1�e 1�y c/r/,a l=1 d to s 1, a kJ I / (olveJ e, ,ltf laf 1k il o/r %., J' li,; P l?'0 et r I? otiv7Arr1 / ��r01 Ar tir.,� 7/IFr, JPe, 9I2.2. 1 R'lui. i +A fltfto Pit & 71? 7? r4-4 t'7 50 (PCease prvv Ie the foro-wing information)Name of Personas]Commenting: 7J r'�", d a, O Merl ,j' r' � I (3') S:C t //s-/- µR e ConS'T I r1c FY,,» � �`.._-�,; , —� ��� S& 0 y10 koeitr JrT y Lard �vrY/ ,1'f_ deA4-- .). 0•.1 REQUEST FOR COMMENTS CRY a TIIGARD Community,Dcve(opment Shaping)t,Bitter Communirj DATE December 4, 1997' PEOEO 9LANN,NG , TO: iii -i Ili 9 / d"a' pE C Q' S 1997 FIIOM: City of Tigard Planning Division STAFF CONTACT: 0fclgberts, Associate Planner hone:[503]639-4171 Fax:[5031684-7297 NE SITE DEVELOPMENT REVIEW (SDR) 97-0014/VARIANCE (VAR) 97-0018 r HALL PARK OFFICE CENTER The applicant is requesting Site Development Review approval to develop a two (2) story office building. A Variance has also been requested to the maximum number of parking spaces that can be served from a single driveway. LOCATION: 11481 SW Hall Boulevard; WCTM 1S135DA, 01400, 01800, 03500 and 03501. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.64, 18.100, 18.102, 18.106, 18.108, 18.114, 18.116, 18.120, 18.134, 18.150 and 18.164. ZONE: Commercial Professional; C-P. The C-P Zoning District permits groups of businesses and offices within centers, -among other uses. Attached is the Site Plan,Vicinity Map and Appiicants Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: m2IDAY — DFC. EMBER 15, 1997 — You may use the space provided below or attach a separate letter to return your comments. If you are unable tot spond 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: L 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(P&ase provide the follow,ng information)Name of Personisl Commenting: ; REQUEST FOR COMMENTS 6\ r'V TIGARD Community Development Shaping!'Better Community ECEIVED PLANNING RAZE December 4, 1997 T0: �ii /L/(--� / a &I taiz on) 2 1997 Gtir(OF TIGARD FROM: City of Tigard Pia g Division STAFF CONTACT: Mark Roberts, Associate Planner Phone:(5031 639-4171 Fax(5031684-7297 RE SITE DEVELOPMENT REVIEW (SDR) 97-0014/VARIANCE (VAR) 97-0018 HALL PARK OFFICE CENTER The applicant is requesting Site Development Review approval to develop a two (2) story office building. A Variance has also been requested to the maximum number of parking spaces that can be served from a single driveway. LOCATION: 11481 SW Hall Boulevard; WCTM 1S135DA, 01400, 01800, 03500 and 03501. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.64, 18.100, 18.102, 18.106, 18.108, 18.114, 18.116, 18.120, 18.134, 18.150 and 18.164. ZONE: Commercial Professional; C-P. The C-P Zoning District permits groups of businesses and offices within centers, .among other uses. Attached is the Site Plan,Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: MIDAY - DEMIBER 15, 1997 You may use the space provided below or attach a separate letter to return your comments. If you are unable to1@spond 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: O �Je, ro�ea ku o ad iot 5 u c)\ o,��rA( a�d�kwra� �.\,�„,�, + c)\ 6 C - u4 �2, \oc..std -ao$M of S ,5 NO( T\. r Noce 'owl\ \owktaA o4 v61,03(}� �ocY„no) co 15vJ aR cs,56 raced (AN- w' kahcA ok df Jew vial l\a\\ drun't��C �r, 0Mic412 and \ctsi b; 4•0"1- (2:1.30,1\ Qc k Office C,tc r” v3 onto 4 \‘ k %1\Qt(wA0*ko- dtw vn A ss. (Please provide the following information,Name of Personts)Commenting: U\M� \ k1,q,wv8 y, 2i/ "Tigard Qo1�t I CWa-ddle Design • Planning •Architecture 1700 SW Fourth Avenue Suite 105 • Portland,Oregon 97201 LETTER OF TRANSMITTAL DATE: 3/31/98 TO: Mark Roberts AGENCY: City of Tigard Community Development ADDRESS: 13125 SW Hall Blvd. Tigard, Oregon 97223 FROM: Ben Howell RE: SDR 97-0014 Hall Park Office Center COPIES DATE # DESCRIPTION 1 Site Photometric Plan REMARKS: Mark, Here is a site photometric plan. Please forward to Jim Wolf for his approval. Thanks! COPIES TO: PHONE: 503.221.2003 FAX: 503.221.1709 L,Q�n�ti+1t� 9\040 acctaib Oth-0 0 c \w,c - tab otAMiantx1 Ozolivwrowula\--v6 IOU, REQUEST FOR COMMENTS CITY TI'GARD Community,Development Shaping A,Better Community DATE: December 4, 1997 TO: PER ATTACHED FROM: City of Tlgani Planning Division STAFF CONTACT: _ Mark Roberts, Associate Planner Phone:[5031639-4171 Fax:[5031684-7297 RE SITE DEVELOPMENT REVIEW (SDR) 97-0014/VARIANCE (VAR) 97-0018 HALL PARK OFFICE CENTER The applicant is requesting Site Development Review approval to develop a two (2) story office building. A Variance has also been requested to the maximum number of parking spaces that can be served from a single driveway. LOCATION: 11481 SW Hall Boulevard; WCTM 1S135DA, 01400, 01800, 03500 and 03501. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.64, 18.100, 18.102, 18.106, 18.108, 18.114, 18.116, 18.120, 18.134, 18.150 and 18.164. ZONE: Commercial Professional; C-P. The C-P Zoning District permits groups of businesses and offices within centers, -among other uses. Attached is the Site Plan,Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: ,SAY - -DECEmBER 15, 1997 You may use the space provided below or attach a separate letter to return your comments. If you are unable tolespond 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 the folowing information)Name of Personisl Commenting: REQUEST FOR COMMENTS NOTIFICATION LIST FOR LAND USE a DEVELOPMENT APPLICATIONS CITArea ICI ID (SI IWI . CITIZENINVOLVEMENTTEAMS m PlusIsIr�iNtINtlNrr if 1 .; �FILE NO[S • 3 k L l-0(3/ 71/j/ P f 7- �G -FILE NAMES Hai/ ��� ,, � L CITY OFFICES ■ ADVANCED PLANNING/Nadine Smith,vi.,,,,,n,s,�.�,.o,_COMMUNITY DVLPMNT.DEPT./D.1,4.sv..?stink... _POLICE DEPT./Jim Wolf,a�.,.P,«.nno,on0C., BUILDING DIV./David Scott,Swirling Oi .a _ENGINEERING DEPT./Brian Rager,Dro,,,n,.Rwi.,,,Eng... WATER DEPT./Michael Miller,o,...,,o,,.w,,.a. _CITY ADMINISTRATION/Cathy Wheatley,cm Records _OPERATIONS DEPTJJohn Roy,P■ao.ny Manna _OTHER I SPECIAL DISTRICTS _TUALATIN VALLEY FIRE&RESCUE _TUALATIN VALLEY WATER DISTRICT _UNIFIED SEWERAGE AGENCY Fire Marshall Administrative Office Julia Huffman/SWM Program Washington County Fire District PO Box 745 155 N.First Street (place in pick-up box) Beaverton,OR 97075 Hillsboro,OR 97124 LOCAL AND ST ATIIUDISDICTIONS , CITY OF BEAVERTON . _CITY OF TUALATIN OR. DEPT.OF FISH&WILDLIFE _OR.DIV.OF STATE LANDS PO Box 4755 Planning Director 2501 SW First Avenue 775 Summer Street,NE Beaverton,OR 97076 PO Box 369 PO Box 59 Salem,OR 97310-1337 Tualatin,OR 97062 Portland,OR 97207 _Larry Conrad,S.n,«Plan.e OR.PUB.UTILITIES COMM. _Mike Matteucci,N.,grornd.Coal. METRO _OR.DEPT.OF GEO.&MINERAL IND. 550 Capitol Street,NE 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380 _CITY OF DURHAM Portland,OR 97232-2736 Portland,OR 97232 City Manager _US ARMY CORPS.OF ENG. PO Box 23483 _Paulette Allen,Groh Management Coordinator _OR.DEPT.OF LAND CONSERV.&DVLP. 333 SW First Avenue Durham,OR 97281-3483 _Mel Huie,crewrspaoaacoora+nator(cPA'yzoA'9) 1175 Court Street,NE PO Box 2946 Salem,OR 97310-0590 Portland,OR 97208-2946 _CITY OF KING CITY _METRO AREA BOUNDARY COMMISSION City Manager 800 NE Oregon Street _OREGON DEPT.OF TRANS.(ODOT) WASHINGTON COUNTY 15300 SW 116th Avenue Building#16,Suite 540 Aeronautics Division Dept.of Land Use&Trans. King City,OR 97224 Portland,OR 97232-2109 Attn: Tom Highland,Ptuwrg 155 N.First Avenue 3040 25th Street,SE Suite 350,MS 13 _CITY OF LAKE OSWEGO OR.DEPT.OF ENERGY Salem,OR 97310 Hillsboro,OR 97124 Planning Director Bonneville Power Administration PO Box 369 PO Box 3621 _ODOT,REGION 1 _Brent Curtis(CPA's) Lake Oswego,OR 97034 Routing TTRC-Attn: Renae Ferrera Sonya Kazen,Dvpmt.Ray coo.a. _Scott King)cPAa) Portland,OR 97208-3621 123 NW Flanders _Mike Borreson(EN...) _CITY OF PORTLAND Portl nd,OR 97209-4037 _Jim Tice()GA's) David Knowles,Planning Bureau Dir OREGON,DEPT.OF ENVIRON,QUALITY _Tom Harry(cur.ent Pi.Apps) Portland Building 106, Rm. 1002 811 SW Sixth Avenue —u DOT,REGION 1 -DISTRICT 2A Phil Healy(curtest Pi Apps) 1120 SW Fifth Avenue Portland,OR 97204 Jane Estes,Permit spetaiv Portland,OR 97204 PO Box 25412 Portland,OR 97298-0412 UTILITY PROVIDERS AND SPECIAL AGENCIES —BURLINGTON NORTHERN/ SANTA FE R/R _METRO AREA COMMUNICATIONS _PORTLAND GENERAL ELECTRIC _TCI CABLEVISION OF OR. Reed Fay,Division Superintendent Jason Hewitt Brian Moore,Svc.Design Consultant Linda Peterson 1313 W. 11th Street Twin Oaks Technology Center 9480 SW Boeckman Road 3500 SW Bond Street Vancouver,WA 98660-3000 1815 NW 169th Place,S-6020 Wilsonville,OR 97070 Portland,OR 97201 Beaverton,OR 97006-4886 —COLUMBIA CABLE COMPANY _PORTLAND WESTERN R/R _TRI-MET TRANSIT DVLPMT. Craig Eyestone _NW NATURAL GAS COMPANY Steve Myhr,Region Manager Michael Kiser,Project Planner 14200 SW Brigadoon Court Scott Palmer Catellus Property Management 710 NE Holladay Street Beaverton,OR 97005 220 SW Second Avenue 999 Third Avenue,Suite 2120 Portland,OR 97232 Portland,OR 97209-3991 Seattle,WA 98104-4037 —GENERAL TELEPHONE Paul Koft, Engineenng _OREGON ELECTRIC R/R _SOUTHERN PACIFIC TRANS.CO. R/R _US WEST COMMUNICATION MC: OR030546 (e uRIINnoN NORTHERN/SANTA FF R/R PROASwRj Clifford C.Cabe,Construction Engineer Pete Nelson Tigard,OR 97281-3416 Reed Fay, Division Superintendent 5424 SE McLoughlin Boulevard 421 SW Oak Street 1313 W. 11th Street Portland,OR 97232 Portland,OR 97204 Vancouver,WA 98660-3000 - hPpattyvnastersVfcnouce.mst 27-Oct-97 MAILING RECORDS II) -oci-7. 0cii- Z Pat*-MI6' c L1 # tIOMMUNITY NEWSPAPERS, INC. Legal P.O. BOX 370 PHONE(503)684-0360 Notice TT 9 010 BEAVERTON,OREGON 97075 Legal Notice Advertising SITE DEVELOPMENT REVIEW(SDR)97-0014/ VARIANCE(VAR)97-0018 >HALL PARK OFFICE CENTER< •City of Tigard • 0 Tearsheet Notice The Director has approved, subject to conditions, a request for Site 13125 St'7 Hall Blvd. Development Review approval to develop a two(2) story office building. • ❑ Duplicate Affidavit A Variance has also been requested to the maximum number of parking •Tigard ,Oregon 97223 spaces that can be served from a single driveway. LOCATION: 11481 SW Hall Boulevard;WCTM 1 S 135DA, Tax Lots 01400,01800,03500& •Accounts Payable • 03501. ZONE: Commercial Professional; C-P. The C-P Zoning Dis- } trict permits groups of businesses and offices within centers,among ' other uses. APPLICABLE REVIEW CRITERIA: Community !,--00":1 Development Code Chapters 18.64, 18.100, 18.102, 18.106, 18.108, 18.114, 18.116, 18.120, 18.134, 18.150 and 18.164. 1 AFFIDAVIT OF PUBLICATION —STATE OF OREGON, ) }, `J COUNTY OF WASHINGTON, )s s. _ \ -, 1, Kathy Snyder — I\\\ L_.- being first duly sworn, depose and say that I am the Advertising. _ r f —� �� �, ` j = 1,t ; Director, or his principal clerk, of the'ri ar-d—Tualatin�gimes �. 1 a newspaper of general circulation as defined in ORS 193.010 I ! ._ \\ and 193.020; published at 't g�rc3 in the ����J aforesaid county and state; that the "1 `J �J - SDI-, Hall Park Office renter r 44 1. `cL 1 • a printed copy of which is hereto annexed, was published in the i entire issue of said newspaper for OII successive and t �.1 ) ►1�=������ consecutive in the following issues: 1 __ w. m __.. u I\Ilk Janaury 15 , 1998 I 7, �=r , \ 1• TA_ Kc - l I - Subscribed and sworn to be ore me this -5th day of January, 19 9 8 _ : , �' o 1— lit.S ri. _ ` ":":' =MN�� ►■�� %\ c Not Public for Oregon ,� NO �� r +°r 1 _ .?''.\i My Commission Expires: ::�k'_=�_-:-:-- :_- MY COMM' The adopted finding of facts,decision, and statement of conditions can be obtained from the Planning Division, Tigard Civic Center, 13125 S.W. y Hall Blvd.,Tigard,Oregon 97223.The decision shall be final on January AFFIDAVIT c, ::: ..- -- -. -- - 26, 1998. Any party to the decision may appeal this decision in accor- _.-'=*:Y=: ' dance with Section 18.32.290(A) and Section 18.32.340 of the Com- munity Development Code,which provides that a written appeal may be filed within 10 days after notice is given and sent.The deadline for filing an appeal is 3:30 P.M.,,January 26, 1998. TT9010—Publish January 15, 1998. AFFIDAVIT OF MAILING 4. .O 411 CITY of noon Community;Development Shaping.1 Better Community SAVE OF augoTN ) County of Washington )ss. City of Tigard ) I, Patricia L. Lunsford being first duly sworn/affirm, on oath depose and say that I am an Administrative Specialist II for the City of Tigard, 'Washington County, Oregon and that I served the following: (Q,.O caa n .Beta)Bew.4 W.41 ' ❑ NOTICE OF DECISION FOR: b : �- 0 ,/ / ;. fil ffffiffrArid n' ❑ AMENDED NOTICE (Fie No/Name Reference) ❑ City of Tigard Planning Director ❑ NOTICE OF PUBLIC HEARING FOR: ❑ AMENDED NOTICE (Fie No/Name Reference) (Date of Pub/C Heanrg) ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ❑ Tigard City Council E NOTICE OF FINAL ORDER FOR: "7-_-_,' ❑ AMENDED NOTICE (Fe No/Name Reference) (Date Pubic Hearing) ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ❑ Tigard City Council ❑ NOTICE OF FOR: i (Type/Km)d Noticej F�le No Mame Reference ( ) ,Date d P,;biic Heanng,rt apgKab+el A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION/NOTICE OF FINAL ORDER/OTHER NOTICE[S] of which is attached. marked ExIilhit "A", was mailed to each each_,9pmed person(s) at the address(s) shown on the attached list(s), marked ExhIhIt"B",on the l,3 day of 7)i.10-34,,e.- ' 1998, and deposited in the United States Mail on the . -, '/ day of�. , ; d 1 1908,postage prepaid. 7A7v. r.0 _� •� at Prep. -. Notice) Subscribed and sworn/affirmed before me on the �7 day of /OM' , 191. i /�1• OFFICIAL SEAL , / + a /4■• 1� I� , 2�r-f DIANE M JELDERKS ` J� I NOTARY PUBLIC-OREGON "'® COMMISSION NO.046142 NOTARY PUBLIC OF OREG MY COMMISSION EXPIRES SEPTEMBER 07,1999 My Commission Expires: • 977/ EXHIBIT A NOTICE OF DECISION SITE DEVELOPMENT REVIEW [SDR) 97-0014 VARIANCE IVARI 91-0018 CITY OF TIGARD Community Development HALL PARK OFFICE CENTER Shaping 91 Better Community SECTION I. APPLICATION SUMMARY CASES: FILE NAME: HALL PARK OFFICE CENTER Site Development Review SDR 97-0014 Variance VAR 97-0018 PROPOSAL: The applicant has requested Site Development Review approval to develop a two story, 32,735 square foot office building and related site improvements. APPLICANT: Mr. Mike Nedelisky OWNER: Brahma Premanada 25 82nd Drive, Suite 102 11515 SW Hall Boulevard Gladstone, OR 97207 Tigard, OR 97223 OWNER: Mr. Mike Nedelisky 25 82nd Drive, Suite 102 COMPREHENSIVE Gladstone, OR 97207 PLAN DESIGNATION: Commercial Professional; C-P. ZONING DESIGNATION: Professional/Administrative Office, Commercial District; C-P. The purpose of the C-P Zoning District is to provide for groups of businesses and offices in centers. Permitted uses include: Professional and Administrative services, Public agency administrative services, Cultural exhibits and library services, Public support facilities, Lodges, fraternal and civic assembly, Postal services, Animal sales and services, Business equipment sales and services, Communication services, Children's day care; Medical and dental services, Research services, and Financial, insurance, and real estate services, among others. LOCATION: 11481 SW Hall Boulevard; WCTM 1S135DA, Tax Lots 01400, 01800, 03500 and 03501. The subject property is located west of SW Hall Boulevard, south of the 217 Freeway, north and west of the existing Kindercare Day Care Center. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.64, 18.100, 18.102, 18.106. 18.108, 18.114, 18.116, 18.120, 18.150 and 18.164. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section IV. NOTICE OF DECISION SDR 97-0014NAR 97-0018-HALL PARK OFFICE CENTER PAGE 1 OF 14 CONDITIONS OF APPROVAL PRIOR TO THE ISSUANCE OF SITE AND/OR BUILDING PERMITS, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: (Unless otherwise noted, the staff contact shall be Brian Rager in the Engineering Department (503) 639-4171.) 1 . Prior to issuance of a building permit, a street opening permit will be required for this project to cover the connection to the public sanitary sewer line in SW Hall Boulevard. The applicant will need to submit five (5) copies of a proposed public improvement plan for review and approval. NOTE: These plans are in addition to any drawings required by the Building Division and should only include information relevant to the public improvements. 2. As a part of the public improvement plan submittal, the Engineering Department shall be provided with the name, address and telephone number of the individual or corporate entity who will be responsible for executing the compliance agreement and providing the financial assurance for the public improvements. 3. Any necessary off-site utility easements shall be the responsibility of the applicant to obtain and shall be submitted to and accepted by the City prior to issuance of a building permit. 4. The applicant shall obtain a permit from the State of Oregon Highway Division (ODOT), to perform work within the right-of-way (ROW) of SW Hall Boulevard. A copy of the permit shall be provided to the City Engineering Department prior to issuance of a public improvement permit. 5. Prior to issuance of the site and/or building permit, the applicant shall submit evidence that they have obtained the necessary access permit from ODOT for the SW Hall Boulevard driveway. 6. The applicant shall obtain a permit from the Tualatin Valley Water District for the proposed water connection prior to issuance of the site and/or building permit. 7. Prior to issuance of the site and/or building permit, the applicant shall submit evidence to the City that ODOT has approved the on-site water detention facility and the outfall design into ODOT ROW. 8. The applicant shall provide an on-site water quality facility as required by Unified Sewerage Agency (USA) Design and Construction Standards (adopted by Resolution and Order No. 96-44). Final plans and calculations shall be submitted to the Engineering Department (Brian Rager) for review and approval prior to issuance of the building permit. In addition, a proposed maintenance plan shall be submitted along with the plans and calculations for review and approval. 9. Five (5) parking spaces west of the existing non-conforming detached single-family residence at 11463 SW Hall Boulevard (WCTM 1S135DA 01500) shall be replaced with a screening and buffering area that complies with the standards of Section 18.100 of the Tigard Community Development Code. STAFF CONTACT: Mark Roberts, Planning Division. NOTICE OF DECISION SDR 97-0014NAR 97-0018-HALL PARK OFFICE CENTER PAGE 2 OF 14 10. The applicant shalt provide a written sign-off from the hauler regarding the design and location of the trash and recycling container. STAFF CONTACT: Mark Roberts, Planning Division. 11. The applicant shall provide a security lighting plan for review and approval by the Police Department. STAFF CONTACT: Jim Wolf, Tigard Police Department. 12. The recommended protective and therapeutic measures that were discussed within the arborist's report shall be undertaken. The applicant shall also comply with the schedule of continuing tree care as discussed within the arborist's report. STAFF CONTACT: Mark Roberts, Planning Division. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO A FINAL BUILDING INSPECTION: 13. 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. 14. Under the provisions of Oregon Structural Specialty Code (OSSC), Section 1702(4), the owner shall employ the design engineer responsible for the design and specifications of the private water quality facility to perform construction and visual observation of the water quality facility for compliance with the design and specifications at significant stages, and at completion of the construction. Prior to final building inspection, the design engineer shall provide the City of Tigard (Commercial Plans Examiner) with written confirmation that the water quality facility is in compliance with the design and specifications. (STAFF CONTACT: David Scott, 639-4171 , ext. 311). 15. All site improvements shall be installed and maintained as approved, pursuant to the revised site plan. Staff Contact: Mark Roberts, Planning Division. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site History: Previously a portion of this property was developed with a detached single-family residence. Prior to this application, the applicant applied for Site Development Review (SDR 95-0022) approval to develop a 22,600 square foot office building. This application was approved, subject to conditions, but expired due to inactivity. Recently, the applicant filed for a Lot Line Adjustment (MIS 97-0009) to reduce the overall size of the property by approximately 15,000 square feet from 1 .63 to 1.28 acres, and add this area to an adjoining property to the south of the subject parcel. NOTICE OF DECISION SDR 97-0014NAR 97-0018-HALL PARK OFFICE CENTER PAGE 3 OF 14 Vicinity Information: The site is adjoined by the 217 Freeway to the north. The site is contiguous with existing detached single-family residences to the west. To the east is a detached single-family residence and two (2) vacant parcels. Surrounding properties to the south and east are zoned Commercial Professional Uses and the properties to the west are designated for Low Density Residential Uses. Site Information and Proposal Description: The site is presently undeveloped. Presently, the westerly section of the property is wooded. The site is generally level with a portion of the northerly section of site sloping slightly towards the 217 Freeway. The applicant has proposed to develop a 32,735 square foot office building and 102 parking spaces. The applicant has proposed to develop a portion of the required parking spaces on an adjoining tax lot. The office building would obtain access via an existing driveway developed on the adjoining property. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Impact Study: Section 18.32.050 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 18.32.250 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. Because of the location of the site, it has no direct frontage on a public street. Therefore, no right-of-way dedication or street frontage improvements are possible. For this reason, Rough Proportionality findings are not applicable to this property. Use Classification: The applicant is proposing to build an office building. No specific future users were identified for this structure within the applicants' submittal but Section 18.42 (Use Classifications) identifies use categories such as Business Support Services, Professional and Administrative Services, Medical and Dental Services and Personal Services are permitted uses within the Commercial - Professional Zoning District. The proposed office use is the primary permitted use within the Commercial-Professional Zoning District. A range of future tenants could occupy the structure, some of which are listed above. Because of parking ratio limitations discussed elsewhere within this report, some of the aforementioned uses may not be allowed to locate on this site unless they represented a small portion of the tenant mix, or site revisions were made to provide additional off-street parking spaces. NOTICE OF DECISION SDR 97-0014NAR 97-0018-HALL PARK OFFICE CENTER PAGE 4 OF 14 Dimensional Requirements: Section 18.62.050 states that there is a 6,000 square foot minimum lot area and an average lot width of 50 feet is required. Developments are required to provide a minimum of 15 percent landscaping. The total square footage of the site is 1.28 acres (or 56,133 square feet), which exceeds the minimum lot size requirement. The site has an average width of approximately 120 feet, and is in excess of the required minimum lot width. The applicant proposes to landscape 14,708 square feet or 26 percent of the site. Setbacks: Section 18.62.050 states that there is no front, side, or rear yard setback is required except 20 feet shall be required where the zone abuts a residential zoning district. The 20-foot zoning district setback is applicable to the westerly property boundary as the site abuts a residential zone. The proposed structure is to be located approximately 79 feet from the westerly property line, in compliance with this standard. Building Height: Section 18.162.050 states that the maximum permitted building height is 45 feet within the Commercial Professional Zoning District. The proposed building is approximately 29 feet in height at the top of the second story which is under the maximum allowed 45-foot height. Landscaping Plan: Section 18.100.015 requires that the applicant submit a landscaping plan. This requirement has been satisfied as the applicant has submitted a plan indicating the number, type, and location of trees and shrubs. A total of 102 parking spaces are proposed. A total of 15 parking lot trees are required to serve this number of parking spaces. The applicant has proposed to provide twenty (20) parking lot trees. In addition, several existing trees are shown to remain on the site which may also shade the proposed parking lot. Street Trees: Section 18.100.033 states that all development projects fronting on a public street, private street or private driveway shall be required to plant street trees in accordance with Section 18.100.035. Section 18.100.035 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). The property does not have frontage onto a public or private street. Much of the private driveway that the property would use for access is developed on an adjoining parcel where other properties technically have frontage on the driveway. The applicant proposes to extend the driveway into the site and develop parking on both sides of the driveway. For this reason, the property would also not have frontage on a private driveway through the site. Therefore, this standard is not found to be applicable. Screening: Special Provisions: Section 18.100.110(A) 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-feet-wide and the landscaping shall be protected from vehicular damage by some form of wheel guard or curb. A minimum of 15 parking lot trees are required to serve the proposed 102 parking spaces that are proposed. A total of 20 new parking lot trees have been proposed. Several existing trees on the site may also provide shade over portions of the parking lot. For these reasons, the proposed parking lot landscape plan exceeds the minimum parking lot tree standards. All of the proposed NOTICE OF DECISION SDR 97-0014NAR 97-0018-HALL PARK OFFICE CENTER PAGE 5 OF 14 landscaped planter areas are at least three (3) feet in width, which is also in compliance with the applicable standards. Visual Clearance Areas: Section 18.102 requires that a clear vision area shall be maintained on the corners of all property adjacent to intersecting right-of-ways or the intersection of a public street and a private driveway. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, or temporary or permanent obstruction exceeding three (3) feet in height. The code provides that obstructions that may be located in this area shall be visually clear between three (3) and eight (8) feet in height (trees may be placed within this area provided that all branches below eight (8) feet are removed). A visual clearance area is the triangular area formed by measuring a 30-foot distance along the street right-of-way and the driveway, and then connecting these two (2), 30-foot distance points with a straight line. As indicated on the site plan, no structures are proposed to be located within the Clear Vision Area, as required by this section. Minimum Off-Street Parking: Section 18.106.030.(C)(22) requires a minimum of one (1) parking space for each 350 square feet of gross floor area for Professional Services, Financial Services and Personal Services. Based on one (1) space for each 350 square feet of gross floor area, a minimum of 94 parking spaces are required for this project. A total of 102 parking spaces are proposed. A total of five (5) parking spaces will apparently be lost as a land use buffer area for the existing detached single-family residence located to the east of a portion of the parking lot is required. However, after deduction of these spaces the site will still comply with the minimum parking ratio by providing 97 parking spaces. It should be noted that because the site is roughly utilizing the minimum Professional and Administrative Office use category as a parking ratio that other uses such as Medical and Dental office use types would not be permitted unless this use represented a small portion of the total building square footage or additional off-street parking was developed. Medical and Dental uses require one (1) parking space for each 200 square feet of gross floor area. The Americans with Disabilities Act (ADA): Section 18.106.020(M) became effective on January 26, 1992. All parking areas shall be provided with the required numbers and sizes of disabled person parking spaces as specified by applicable State of Oregon and federal standards. All disabled person parking spaces shall be signed and marked on the pavement as required by these standards. This section requires five (5) disabled parking spaces if one hundred and one (101) to one hundred and fifty (150) parking spaces are provided. The plan provides five (5) disabled parking spaces. Because the applicant is proposing to develop 97 parking spaces, the plan currently exceeds the minimum requirement. Bicycle Parking: Section 18.106.020(P) requires one (1) bicycle parking rack space for each 15 vehicular parking spaces in any development. Bicycle parking areas shall not be located within parking aisles, landscape areas, or pedestrian ways. A minimum of seven (7) bicycle parking spaces are required for this development. The plans indicate that a total of ten (10) bicycle parking spaces will be provided which exceeds the minimum standard. NOTICE OF DECISION SDR 97-0014NAR 97-0018-HALL PARK OFFICE CENTER PAGE 6 OF 14 Off-Street Loading spaces: Section 18.106.080 requires that every commercial or • industrial use having floor area of 10,000 square feet or more, shall have at least one (1) off-street loading space on site. This standard is applicable because the building is over 10,000 square feet. The applicant has proposed an inset curved loading area in front of the building to comply with this standard. Because of the office use type that is proposed, large scale trucks "semi" are not expected to service the future users supply needs. For this reason, the loading space, as designed. is found to comply with the loading standard. Access: Section 18.108.080 requires that commercial and industrial uses which require more than 100 parking spaces provide two (2) driveways with a minimum width of 30 feet and a minimum pavement width of 24 feet. Assuming the applicant develops ninety-seven (97) parking spaces the total of all proposed and existing parking spaces that would utilize the existing driveway to SW Hall Boulevard is one- hundred twenty one (121). The applicant has requested a variance to one (1) of the two (2) driveways that are required by this standard. The existing driveway that is to be used exceeds the minimum total width standard at 32 feet of total width. The driveway pavement width also meets the 24-foot minimum standard. Access Variance Section 18.108.150 allows the Director to approve, or approve with conditions, a request for an access variance based on the following findings: It is not possible to share access; The applicant has requested the Variance access for the purpose of sharing access among existing parking spaces than that which would normally be permitted. There are no other alternative access points on the street in question or from another street; The site takes access from SW Hall Boulevard which is designated as an Arterial Street within the City's Comprehensive Plan. Because of the higher traffic volumes, SW Hall Boulevard is designated to accommodate shared or restricted access and is required of all new development with access to SW Hall Boulevard. Because of the developed nature of adjoining properties, alternative points of access are not possible unless the applicant were to purchase and likely demolish an adjoining residence in order to access an alternate street such as SW Lomita Avenue. However, this would route commercial traffic through a residential neighborhood. The access separation requirements cannot be met; The proposed Variance does not involve separation requirements as the variance requests relief from developing a second driveway to serve more than 100 parking spaces. The request is the minimum variance required to provide adequate access; Based on the developed nature of properties adjoining SW Lomita Avenue, a variance from developing a second point of access is the least variance that is possible to afford this to address this requirement. The approved access or access approved with conditions will result in a safe access; Access to this site has been reviewed with the Tualatin Valley Fire District who found that the proposed site access could be revised to comply with applicable Uniform Fire Code standards. A detailed plan review and revisions for compliance with these standards will be required to be completed prior to the issuance of building permits. NOTICE OF DECISION SDR 97-0014NAR 97-0018-HALL PARK OFFICE CENTER PAGE 7 OF 14 The visual clearance requirements of Section 18.102 will be met. Because the applicant is not proposing to construct any site improvements within the Clear Vision Area, the applicant is not impacting the line-of-site condition at the existing driveway intersection on to SW Hall Boulevard. For this reason, this criteria is not found to be applicable. Walkways: Section 18.108.050(A) requires that a walkway be extended from the ground floor entrance of the structure to the street that provides the required ingress and egress. Unless impractical, walkways should be constructed between a new development and neighboring developments. Wherever required walkways cross vehicle access-driveways or parking lots, such crossings shall be designed and located for pedestrian safety. Required walkways shall be physically separated from motor vehicle traffic and parking by either a minimum six (6) inch vertical separation (curbed), or a minimum three (3) foot horizontal separation; except that pedestrian crossings of traffic aisles are permitted for distances no greater than 36 feet if appropriate landscaping, pavement markings, or contrasting pavement materials are used. Walkways shall be a minimum of four (4) feet in width, exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle racks, and sign posts, and shall be in compliance with ADA standards. The applicant has proposed to construct a walkway from SW Hall Boulevard to the building entrance. The walkway, as proposed, is four (4) feet in width and is physically separated from motor vehicle traffic except where the walkway crosses a driveway that serves an existing detached single-family residence. It is likely that the driveway would be crossed by an additional driveway upon development or redevelopment of the properties adjoining SW Hall Boulevard, but no more direct walkway or other unobstructed walkway alignment is possible without acquiring ROW given the existing development constraints on adjoining properties. Signs: Section 18.114.130(D) lists the type of allowable signs and sign area permitted in the C-P Zone. All signs shall conform to the provisions listed in this code section. All signs shall be approved through the Sign Permit process as administered by the Development Services Technicians. Mixed Solid Waste and Recyclables Storage: Section 18.116 requires that new construction incorporates functional and adequate space for on-site storage and efficient collection of mixed solid waste and source separated Recyclables prior to pick-up and removal by haulers. The applicant must choose one (1) of the following four (4) methods to demonstrate compliance: Minimum Standard, Waste Assessment, Comprehensive Recycling Plan, or Franchised Hauler Review and Sign- Off. The 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 proposed site plan includes a waste and recycling facility within the proposed parking lot. The applicant shall provide a written sign-off from the hauler regarding the design and location of the trash and recycling container in compliance with this section. Site Development Review - Approval Standards: Section 18.120.180(A)(1) requires that a development proposal be found to be consistent with the various standards of the Community Development Code. The applicable criteria in this case are Chapters 18.32, 18.64, 18.100, 18.102, 18.106, 18.108, 18.114, 18.120, 18.150 and 18.164. The proposal's consistency with these Code Chapters is reviewed in the following sections. The proposal contains no elements related to the provisions of Sections 18.80 (Planned Developments); 18.84 (Sensitive Lands); 18.92 (Density Computations); 18.94 NOTICE OF DECISION SDR 97-0014NAR 97-0018-HALL PARK OFFICE CENTER PAGE 8 OF 14 (Manufactured/Mobile Home Regulations); 18.98 (Building Height Limitations: Exceptions); or 18.144 (Accessory Use and Structures) which are also listed under Section 18.120.180.A.1 . These Chapters are, therefore, found to be inapplicable as approval standards. The Newspaper Publication for this project stated that Section 18.134 (Variance) was applicable to this decision. However, the type of Variance that is proposed is defined as an Access Variance. Approval findings for this type of Variance are contained within Section 18.108. Therefore, Section 18.134 is not found to be applicable and Section 18.108 was listed correctly as an applicable approval standard. Section 18.120.180(A)(2) provides other Site Development Review approval standards not necessarily covered by the provisions of the previously listed sections. These other standards are addressed immediately below. The proposal contains no elements related to the provisions of 18.120.180.3 (Exterior Elevations); 18.120.180.5 (Privacy and Noise); 18.120.180.6 (Private Outdoor Areas: Residential Use); 18.120.180.7 (Shared Outdoor Recreation Areas: Residential Use); 18.120.180.8 (100-year floodplain); and 18.120.180.9 (Demarcation of Spaces) and are, therefore, found to be inapplicable as approval standards. Relationship to the Natural and Physical Environment: Section 18.120.180.2 states that buildings shall be located to preserve existing trees, topography, and natural drainage and that trees having a six (6) inch caliper or greater, shall be preserved or replaced by new plantings of equal character. There are a number of mature trees currently on the property. The applicant has proposed to remove several trees to construct the necessary development improvements. Tree removal has been reviewed in detail elsewhere within this report. The applicant has proposed to re-grade the site to the extent necessary to ensure proper drainage away from the proposed office building to the proposed on-site storm drainage facilities. Maintaining existing drainage flows does not appear possible while developing the site without increasing storm drainage flows onto the adjoining 217 Freeway right-of-way. Re-designing the building to develop the office on other portions of the site would still require a similar amount of grading as has been proposed. Buffering, Screening and Compatibility between adjoining uses: Section 18.120.108.4(A) states that buffering shall be provided between different types of land uses. At a minimum the buffer must contain the following: 1) a 20 foot width for parking lots of more than 25 spaces, 2) a row of trees at a certain spacing based on their height at maturity and shrubs of varying numbers based on their size at planting, 3) the buffer must also contain either a row of evergreen shrubs, a five foot minimum height fence, wall, or an earthen berm with evergreen shrubs which will provide a continuous six foot screen within two years. Alternatively, the Director can approve a modified buffer plan which provides the same level of screening with a different combination of screening and buffering elements. This criteria is found to be applicable to this site along the westerly property line because of the existing detached single-family residential uses. A screening plan from these residences was provided. The applicant has proposed to develop a row of 25 parking spaces adjacent to a 20-foot wide buffer area. In addressing the row of tree requirement, the applicant has proposed to preserve one (1) deciduous tree and eight (8) Douglas Fir trees. The applicant has also proposed to plant four (4) Oregon White Oak trees and one (1) London Plane tree which are considered large trees in terms of their height at maturity. Because the buffer length is approximately 260 feet, a minimum of seven (7) trees are required to be provided for this development. The NOTICE OF DECISION SDR 97-0014NAR 97-0018•HALL PARK OFFICE CENTER PAGE 9 OF 14 applicant is proposing 14 trees, this portion of the buffering plan is in excess of the minimum standard. To address the required shrubbery portion of the buffering standards, the landscape plan provided a mixture of six (6) different types of shrubs. The plan proposes seven (7) 18-24" high "Anna Rose Whitney" Rhododendrons; nine (9) 3-foot-tall "Red twig Dogwoods"; eight (8) 18-24" high "Loders White" Rhododendrons; 16 - 18-24" "Purple Splendor" Rhododendrons; 13 - five (5)-gallon "Sword Ferns"; and 14 - 12-18" "Blue Diamond" Rhododendrons. Based on their size at planting, these shrubs are all comparable to five (5)- gallon shrubs. Because the total buffer area is approximately 5,200 square feet in area (260 feet of length x 20 feet of depth), a minimum of 52 - five (5)-gallon shrubs are required. A total of 67 have been provided. Therefore, the landscape plan exceeds the minimum standard. To address the screening requirement, the applicant has proposed to construct a six (6)-foot-high chain link fence with green vinyl slats along the westerly property line. This fence, as proposed, exceeds the minimum requirement. This standard is also found to be applicable along a portion of the easterly property line that adjoins an existing detached single-family residence at 11463 SW Hall Boulevard (WCTM 1S135DA, Tax Lot 01500). The applicant is presently showing a walkway and parking spaces within this area. Walkways are permitted to be developed within a screening and buffering area but parking spaces are prohibited in these areas. The applicant shall revise the site and landscape plans to comply with the screening and buffering standard. This will likely mean the loss of five (5) parking spaces. Because a detached single-family residence is a non-conforming use in the Commercial-Professional Zoning District, the requirement to continue to provide a screening and buffering area to this residence would not apply if the property were redeveloped and the structure were relocated or demolished. Section 18.120.108.4(B) states that on-site screening from view of adjoining properties of such things as service and storage areas, parking lots, and mechanical devices on roof tops shall be provided. As indicated on the site and landscape plan, parking areas are proposed to be screened from adjoining properties except as noted within the Conditions of Approval. Roof top mechanical equipment is proposed to be partially screened by the building itself but also through the use of a screening structure that is painted to match the roof structure. Crime Prevention and Safety: Section 18.120.108.10 requires that exterior lighting levels be selected and the angles shall be oriented towards areas vulnerable to crime and shall be placed in areas having heavy pedestrian or vehicular traffic. The Police Department has reviewed the applicant's plan and provided comments concerning Crime Prevention and Safety which are indicated within the "Other Staff Comments" portion of this staff report. Tree Removal: Section 18.150.025 requires that a tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided 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. This section requires a program to save existing trees or NOTICE OF DECISION SDR 97-0014NAR 97-0018-HALL PARK OFFICE CENTER PAGE 10 OF 14 mitigate tree removal for trees over 12 inches in caliper. The applicant had originally cleared trees on site in preparation for development under the previous Site Development Review (SDR 95-0022) approval but apparently had not cleared enough trees in certain areas to accommodate all proposed site improvements. An arborist report was provided with the application. The applicant has proposed to remove ten (10) existing trees. The arborist found these trees to be structurally unsound. Therefore, no tree mitigation is required. The arborist has recommended preservation of a total of eight (8) other existing trees into the site. The recommended protective and therapeutic measures that were discussed within the arborist's report shall be undertaken. The applicant shall also comply with the timing or continuing tree care also discussed within the arborist's report. Street Improvements: Section 18.164.030.A.1 states that no development shall occur unless the development has frontage or approved access to a public street and that streets within and adjacent shall be improved in accordance with ordinance standards. Because the subject property does not have direct frontage on a public street and would utilize an existing paved accessway, no street improvements are required. PUBLIC FACILITY CONCERNS: Sections 18.164.030(E)(1)(a) (Streets), 18.164.090 (Sanitary Sewer), and 18.164.100 (Storm Drains) shall be satisfied as specified below: STREETS: This site is located south of Highway 217 and adjacent to SW Hall Boulevard. The site is accessed via a joint driveway from SW Hall Boulevard. Southwest Hall Boulevard is an arterial street on the City's Transportation Plan and is under ODOT jurisdiction. An access permit is also required by ODOT to cover the joint driveway from SW Hall Boulevard. Evidence of this permit will need to be submitted to the City prior to issuance of the site and/or building permit. The applicant has submitted evidence that a joint access and parking easement presently exists over the portion of the site that will be used for access. WATER: This site is located within the Tualatin Valley Water District (TVWD). The applicant will need to obtain the appropriate permit from TVWD for the public water line connection prior to issuance of the site and/or building permit. SANITARY SEWER: There is an existing 8-inch public sanitary sewer line located in SW Hall Boulevard. This line has adequate capacity to handle the additional flows from this site. However, the applicant found that the elevations of this site are lower than the invert elevation of the sewer line, so an on-site private ejector pump system is proposed. A pressure sewer line will be extended from the new building along the joint driveway to a private manhole near SW Hall Boulevard. The line from the private manhole to the public sewer line in SW Hall Boulevard will be a gravity sewer line. This plan, as proposed, is acceptable to staff. The applicant will need to obtain a street opening permit from the Engineering Department to NOTICE OF DECISION SDR 97-0014NAR 97-0018-HALL PARK OFFICE CENTER PAGE 11 OF 14 • . cover the sewer connection in SW Hall Boulevard and a plumbing permit from the Building Division to cover all of the on-site private sewer line work. In addition to the City's street opening permit, the applicant will need to obtain a permit from ODOT for work to be done within their right-of-way. STORM DRAINAGE: Storm water from this site will be directed to the northwest corner of the site where it will be treated and detained in an on-site water quality/detention pond. From there, the storm water will be directed into the roadside drainage system for Highway 217. In order for this to occur, the applicant will need to obtain ODOT approval prior to issuance of the site and/or building permit. STORM WATER QUALITY: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) Design and Construction Standards (adopted by Resolution and Order No. 96-44) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan is required to be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. Prior to issuance of a site and/or building permit, the applicant shall submit plans and calculations for a water quality facility that will meet the intent of the USA Design Standards. In addition, the applicant shall submit a maintenance plan for the facility that must be reviewed and approved by the City prior to issuance of the building permit. As was stated previously, the applicant is proposing to treat the storm water from this site in an on-site pond. The applicant's engineer provided a preliminary sizing calculation that indicates the pond area shown on the plan should be sufficient to handle the storm water from this site. Under the provisions of the Oregon Structural Specialty Code, Section 1702(4), the owner shall employ the design engineer responsible for the design and specifications of the private water quality facility to perform construction and visual observation of the water quality facility for compliance with the design and specifications, at significant stages, and at completion of the construction. Prior to final building inspection, the design engineer shall provide the City of Tigard (Commercial Plans Examiner) with written confirmation that the water quality facility is in compliance with the design and specifications of same. GRADING AND EROSION CONTROL: USA Design and Construction Standards also regulates erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per USA regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. NOTICE OF DECISION SDR 97-0014NAR 97-0018-HALL PARK OFFICE CENTER PAGE 12 OF 14 • SECTION V. OTHER STAFF COMMENTS The City of Tigard Building Division reviewed this application and had the following comments: 1. The Fire District connection shown on sheet 1/C1.1 cannot pressurize the private fire hydrants; 2. Completion of a fire flow worksheet will be required; 3. A fire hydrant flow test at SW Hall Boulevard and last hydrant in line shall be performed; 4. Provide an approved fire apparatus turn around; 5. Relocate the western fire hydrant north by 50 feet; 6. Southeasterly elevation walls require one hour construction; 7. No underlying land divisions are permitted; 8. An accessible route from the public right-of-way to the building entrance is required; and 9. When the handicapped accessible route is less than five (5) feet in width, a turn-out shall be provided at intervals of not less than 200 feet. The City of Tigard Police Department reviewed this application and had the following comments: I have noted two (2) areas which appear to need additional lighting: 1. I suggest that a light pole be located south of the proposed trash and recycling facility; 2. Suggest that lighting be provided at the northern most location on the site facing south-south/west; and 3. Recommend a sign placed at the entrance of the driveway near SW Hall Boulevard identifying the address and name "Hall Park Office Center", with ground light to illuminate the sign during darkness. *NOTE: Because the existing driveway to SW Hall Boulevard is not technically part of the office property, placement of a freestanding sign for the office center would preclude development of a second future freestanding sign by the property owner. For this reason, it is recommended that if a freestanding sign is constructed that it be designed to accommodate for future tenant(s) that could be located on the property. No other comments or objections were provided. SECTION VI. AGENCY COMMENTS No comments or objections were received. NOTICE OF DECISION SDR 97-0014NAR 97-0018-HALL PARK OFFICE CENTER PAGE 13 OF 14 SECTION VII. PRut:EDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant/owners Owners of record within the required distance X Affected government agencies Final Decision: THE DECISION SHALL BE FINAL ON MONDAY JANUARY 26, 1998 UNLESS AN APPEAL IS FILED. Appeal: Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.370 of the Community Development Code that provides that a written appeal must be filed with the City Recorder within ten (10) days after notice is given and sent. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. THE DEADLINE FOR FILING OF AN APPEAL IS 3:30 P.M. ON JANUARY 26, 1998. 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 . n 1 January 5, 1998 PREPARED BY: Mark Roberts DATE Associate Planner, AICP \ tee4 • • // January 15, 1998 APPROVED BY: Ric rd Bewersdorff DATE Planning Manager i:\curpin\mark_r\sdr97-14.dec NOTICE OF DECISION SDR 97-0014NAR 97-0018-HALL PARK OFFICE CENTER PAGE 14 OF 14 ilb' - • r . ,, 1 ♦ \ N , \ \„ `'_ o.�l ,,Proposed Two , :. t story 1 � office Buiidi 1 > i CI_ !Nos .,,,,,. 4, __%,_ , \‘'fff-sl-s.,,,,s's-„,s s's„s, , ,-- 0 NI w \,4144. / ' '‘, ss-ss s ' ' '•'N..alliglie.:-'. e.\-44.-4 Vie> °41.- ,'''- —-i ., _ - Li mi.Li El _1 . ;1111 � m 112' 7 ,, Q Ce ti :. Er 1 it 12411 ri aso co 0 0 0..s,,0 0 : :u 8.. r ' ---,„...111 M U ------=-•--'.>. 71 L --,-, ,, \' 1 0L.r..).i° ' Existing �'s`,, ®. ; , = -"- ''il-' '--. I 'A 3 -.-- ._., __ .-- Kindercare Use » %�- _� . . _ _ _ _ , 1 t SITE PLAN j CASE NOS. HALL PARK OFFICE N SDR 97-0014 EXHIBIT MAP VAR 97-0008 • • * . • .•:■ iw-rwl 1 4 1 = . D r . r co 1 TTFVE 4.1 ihi ,/i,), ,,,, a) .t "2 I of I 2 0_ a) .. IE. . [ C) mm.m.- 111 it ■,.. ' .701 ampla %. "911111 cm irml J 11 :1 F. -- >IK4k Num" .. w NO L, liptilli it, c Q ./) h,---- 1 d ■ a 0 ? H ' LOMITA 12 lilikji II • 0. .. I t% al I EM I .1 mr ■NE 11h4 p os_t I U .m 4?,%' ' o 4 I P♦ 4AS VICiflay Map N ' SDR 97-0014/VAR 97-0000 Note: Map is not to scale A Hal Park Off :es SPR-q7 -00/4/ Vl .91-a )i e P&L_pfxx ()Ffic6 CCNrGre 4,1 o f 3) £XB1$f B 1S135613-03604 1 S 135DD-03615 BERGER,CLIFFORD W&CYNTHIA A BOUSE,LINDA C 11455 SW LOMITA AVENUE BOUSE,JOHN R TIGARD,OR 97223 11470 SW LOMITA TIGARD,OR 97223 1S135DD-03618 1S135DA-01400 BRADFORD,GARY TR BRAHMA PREMANANDA ASHRAM 305EFIFTH 11515 SW HALL BLVD THE DALLES,OR 97058 TIGARD,OR 97223 1S135DA-01600 1S135DA-01700 BRAZIL,CLARENCE E&MARY JEAN BRAZIL,CLARENCE JEAN PO BOX 23064 PO BOX TIGARD,OR 97281 T D,OR 97281 1S135DA-02100 1S135DA-02000 BROWN,MARGARET ANN BROWN,MARGAR . N 19065 SW JOHNSON AVE 19065 S SON AVE ALOHA,OR 97006 A,OR 97006 • 1 S 135DA-01900 1 S 135D D-02000 BROWN, :A7ONAV: BY PACIFIC MOBI 06 ADMINIST E OFFICE 2106 CHOCO ST AUKIE,OR 97222 1S135DD-02001 1S135DA-02700 BROWN,MILTON 0 BROYLES,KENNETH BY PACIFIC MOBILE JENNIE A ADMINISTRATIVE OFFICE 11260 SW 90TH 2106 SE OCHOCO ST TIGARD,OR 97223 MILWAUKIE,OR 97222 15135DD-03603 1S135DA-02802 COSHOW,ELIZABETH I FREEDMAN,STEPHEN H& 11425 SW LOMITA AVE ARCHER,CANDACE TIGARD,OR 97223 11300 SW 90TH AVE TIGARD,OR 97223 1 S 135DA-02803 1 S 135 D D-03605 FREEDMAN,STEPHEN H& HARTUNG,GORDON A AND ARCHER,CANDACE L& CHERYL A ARCHER,MELANIE A 11485 SW LOMITA 11300 SW 90TH AVE TIGARD,OR 97223 TIGARD,OR 97223 1S135DD-03612 1S135D0-03608 HERBERHOLZ,ANDREW B HERBERHOLZ,ANDREW B&FLORENC FLORENCE L c/o HERBERHOLZ,LARRY 9620 SW 90TH 9620 SW 90TH PORTLAND,OR 97223 PORTLAND,OR 97223 SD t2 613--0O/4/ Pay29-4--CO/6' liAtt/gw OFrisd CEhrL,Z- ( o13) • 1S135DD-03614 1S135DD-01601 HOCKETT,MARTHA M HOLMES,SAMUEL M/J !e rIG 11502 SW LOMITA AVE 12215 SW 3 'E TIGARD,OR 97223 P ND,OR 97219 1S135DA-01300 1S135DA-02900 HOLMES,SAMUEL M/JANET M JUNG,MARTIN MARIA 12215 SW 33RD AVE 11400 SW 90TH PORTLAND,OR 97219 TIGARD,OR 97223 1S135DA-03800 1S135DA-01401 KAULUWAI CORPORATION KINDER-CARE LEARNING CNTRS INC 2445-A MAKIKI HEIGHTS DRIVE REAL ESTATE TAX COMPLIANCE HONOLULU,HI 96822 BEXAR SAVINGS TOWER 1777 NE LOOP 410#1250 SAN ANTONIO,TX 78217 1S135DD-03617 1S135DD-03609 LOOFBOUROW,DONALD IVAN&MARY MACKINNON,FERN E& 11410 SW LOMITA AVE DALE,VIRGINIA E PORTLAND,OR 97223 11625 SW LOMITA TIGARD,OR 97223 1S1350D-03611 1S135DA-02801 MCLOUGHLIN,TIMOTHY R AND MCTAGGART,BRENT K YVONNE PO BOX 231207 MCLOUGHLIN,ROBERT C TIGARD,OR 97281 5400 SW 198TH AVE ALOHA,OR 97007 1S135DD-03607 1S135DD-03616 MOLINE,ARVID H AND MURRAY,RICHARD D MATHILDA C LOWANA 11547 SW LOMITA 11440 SW LOMITA TIGARD,OR 97223 TIGARD,OR 97223 1 S 135D D-03613 1 S 135DA-01800 NEBERT,TOMMY HENRY NEDELISKY,MICH SUSAN E 25 82ND 11530 SW LOMITA STONE,OR 97027 TIGARD,OR 97223 1 S 135DA-03501 1 S 135DA-03500 NEDELISKY,MICHAEL J NEDELISKY,MICH 25 82ND DR 25 82ND GLADSTONE,OR 97027 ONE,OR 97027 1S135DD-01800 1S135DD-03300 PANG,KEIKO TR PARKER,JEROME W TRUSTEE 46-442 HOLOLIO ST 99 GARIBALDI KANEOHE,HI 96744 LAKE OSWEGO,OR 97035 SDK 617-001411114kg7--001 fl H 9140<- OFFicE Cam, TE 3 of3) 1S135DD-03703 1S135DD-01600 PARKER,JERO USTEE POLLOCK,DONALD E&JULIA G 99 GARI I 1834 SW 58TH AVE OSWEGO,OR 97035 SUITE 202 PORTLAND,OR 97221 1S135D0-03620 1S135DD-03606 THOMAS,DORENE L THOMAS,DOREN 13620 SW CRESSMER DR 13620 S _ SMER DR TIGARD,OR 97223 T D,OR 97223 1S135DA-03000 1S135DA-01500 VIRNIG,SEAN&JUSTINE WOHFA GROUP(USA) ARVIDSON,OVE S&DENISE L PO BOX 23277 11405 SW LOMITA AVE PORTLAND,OR 97281 TIGARD,OR 97223 MIKE NEDELISKY MAJESTIC HOMES 25 82ND DRIVE, SUITE 102 GLADSTONE OR 97027 6 r' 1 0o Pihh::477, ,),7,,,..s. MI a) ST a) 135DA0JB1 _ L �- 151350A02100 co CD r151350A01700 15135DAtl2505 a) ./C/- , 'I Q 151351)"2 2 3151350A0,851 6135DA028 161350401500 1513.00 [.. L . 4 _ 0 03 I I 4S1355A02900 15135E14,03 0:1355553618 1S1350A03501 Nili ._ 1513555,01 0-135000361 1613510A03500 b1J5D 0016 5135000361 101555A01500 C 1 1350/3036 4 - w 5135550351 16135DA01500 Cla 1,135550365 15135DA01400 Q 5135500351 1,350 I,135050161„ 11J 1355100361• 161750A014D1 a., 1 i13600038i 151350001.1 .13550036 • O1;135D003B.H Ma T-- 1.13503035 1 151355001800 151350/30 500 L CD _ 1>1350D036. 1.1350 0036 0 LOMITA 16135500200 V '...\,...., 1613513003300 • II F 1513500 03701 \ 1513505020, 31, Ilk r 7 0 1 ' w Q Q �� •- U L0h. N 4 0_ I I firiaap N SDR 91-0o14/VAR 91-0000 A Notification Area Map RECEIVED SITE DEVELOPMENT REVIEW 2 41997 1 • . APPLICATION COMMUNITY DEVELOPMENT CITY OF TIOARD 13125 SW Hall Blvd., Tigard, OR 97223(503) 639-4171 FAX: (503) 684-7297 GENERAL INFORMATION V3/4 {� 6� PRE-APP. HELD WITH: DATE OF PRE-APP.: S Property Address/Location(s): 1 4 '61 SLL PALL P Lll1) FOR STAFF USE ONLY Tax Map & Tax Lot#(s): 1.v' LT M ! ! .35 DA .TAV LOTS. L ��dov 37rJr , '� c7j Case No.(s): 5�� R7— dI"J T Other Case No.(s): U A c'7 co 1$ Site Size: �>6^ I �_ Receipt No.: c-?-7- 306 é7 7 Property Owner/Deed Holder(s)': 14,11 Ka tiF 1-)E" /KJ Application Accepted By: 1/1447-&7- Address: Z-1-5- 02-8'17)1,1- Phone: L55-10 2 603 Date:_ 11� 4 City: . OR Zip: T-1-07 Applicant*: Y111 K ND:)E,u 514_J ( CA WY /' D ) Date Dete fined T Be Complete: Address: Phone: !f/Z �'. Zip: Comp Plan/Zone esignati : Z- - *When the owner and the applicant are different people, the applicant • must be the purchaser of record or a lessee in possession with written :CIT Area: authorization from the owner or an agent of the owner. The owner(s) must sign this application in the space provided on the back of this Rev.8/29196 i:lcurpfn1masterslsdra.doc form or submit a written authorization with this application. PROPOSAL SUMMARY REQUIRED SUBMITTAL ELEMENTS The owners of record of the subject property request Site ✓ Application Elements Submitted: Development Review approval to allow(please be specific): ❑ Application Form 7Roro,E TC IA) P Z X77-1) `>' Cvl1:,l;Eii!% ❑ Owners Signature/Written Authorizatiorlr edQT o -(LE P)iu i L)1/J6r O-rG 0c FM'U_ 1711::: ❑ Title Transfer Instrument or Deed 4--- Vlo S cu.0410 fv,�`,f 1203 0 �roiZ • L-17 L.5.0,.,> &t lit. ❑ Site/Plot Plan (8'/2"x 11") 61 (#of copies based on pre-app check list) Nf Tau l LA i,Jt-, P"UL art PErUcti/llar11. ❑ Applicant's Statement 4- need (#of copies based on pre-app check list) f� ❑ Construction Cost Estimate 44— ❑ Filing Fee (uiaer$100,000) $ 800.0041'1Q (s100,000-$999,999) $1,600.00 • ($1 Million 8 Over) $1,780.00 t +$51$10,000) -f I09 if)" 1 . . ti . List any VARIANCE, CONDITIONAL USE, SENSITIVE LANDS, OR OTHER LAND USE ACTIONS to be considered as part of this application: Pi'Li C 4,CIT 15 KU(IuSI-2711b 0 u-Ae.(if-I■ C . 1i) &) ' AtL v c. THE W 0 OP -DI EA/43,Ul 1Z: T?# S►7F_ I 67 L ,Lez,l, 771,4-^J 7D ''171�P-EFd'� ALL /Alen cc R Di b L, Tht ri ftL: ,✓► 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. •TED this gi day of 0(41 , 19 ./siNa/t_ait / ' 4 Owne s Signatu Owner's Signature / • s E � -� c-a-Pilh . If(2.4/5 7 Owner's Signature Owner's Signature C 2 0 AA CITY OF TIGARD Community'Development Shaping Better Community PROPOSAL DESCRIPTION 120 DAYS=3/24/98 FILE NO(S): SITE DEVELOPMENT REVIEW[SDRI 91-0014 VARIANCE[VARI 97-0018 FILE TITLE: HALL PARK OFFICE CENTER APPLICANT: Mike Nedelisky OWNER: Brahma Premananda 25 82nd Drive, Suite 102 11515 SW Hall Boulevard Gladstone, OR 97207 Tigard, OR 97223 (503) 655-6263 OWNER: Mike Nedelisky Majestic Homes 25 82nd Drive, Suite 102 Gladstone, OR 97207 REQUEST: The applicant is requesting Site Development Review approval to develop a two (2) story office building. A Variance has also been requested to the maximum number of parking spaces that can be served from a single driveway. LOCATION: 11481 SW Hall Boulevard; WCTM 1S135DA, Tax Lots 01400, 01800, 03500 & 03501. ZONE: Commercial Professional; C-P. The C-P Zoning District permits groups of businesses and offices within centers, among other uses. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.64, 18.100, 18.102, 18.106, 18.108, 18.114, 18.116, 18.120, 18.134, 18.150 and 18.164. CIT: East CIT FACILITATOR: List Available Upon Request DECISION MAKING BODY DATE COMMENTS DUE: Monday - December 15,1991 X STAFF DECISION DATE OF DECISION: Thursday - January 15,1997 PLANNING COMMISSION DATE OF HEARING: TIME: 7:30 HEARINGS OFFICER DATE OF HEARING: TIME: 7:00 CITY COUNCIL DATE OF HEARING: TIME: 7:30 PROJECT RELATED COMPONENTS AVAILABLE FOR VIEWING IN THE PLANNING DIVISION X VICINITY MAP LANDSCAPING PLAN X NARRATIVE X X ARCHITECTURAL PLAN SITE PLAN X OTHER Tree Preservation Plan STAFF CONTACT: Mark Roberts, Associate Planner (503) 639-4171 x317 SDR 97-0014NAR 97-0018 HALL PARK OFFICE CENTER PROPOSAL/REQUEST FOR COMMENTS /Vccrra -ii ✓e NARRATIVE Hall Park Office Center • 11481 SW Hall Blvd Tigard,OR 97233 Tax Lots 1800,3500 &3501 October 31, 1997 TO:City of Tigard Planning Department Attn: Mark Roberts APPLICANT/OWNER: Contact: Mike Nedelisky 25 82nd Drive Suite 102 Gladstone, Or 97027 Ph: 655-6263 ARCHITECT: Waddle Design-Planning-Architecture,AM 1700 SW Fourth Avenue Suite 105 Portland, Or 97201 Contact: Jim Waddle Ph: 221-2003 LOCATION: 11481 SW Hall Blvd. The site is located north and west of the existing Kindercare Day Care on SW Hall Blvd, west of SW Hall Blvd. and South of the Hwy 217 Freeway. This site was previously granted approval for a 22,600 square foot office building on 12/7/95 (SDR#95-0022). Due to the length of time to secure the proper access easement(attached)and shared parking agreement(attached)from the Temple property the original application was invalid. The applicant has increased the size of the building but has made an effort to comply with the previous Conditions of Approval submitted by the City of Tigard. Applicant is proposing to build a 2- story concrete tilt-up office building.The Comprehensive Plan Designation is Commercial Professional.The Hall Park Office Center(HPOC)building meets the following requirements of the City of Tigard. BUILDING HEIGHT The maximum building height allowed is 45'. HPOC has a maximum building height of 30-6". BUILDING SETBACKS The minimum building setback in this Zone is O'or 20'adjacent to Residential. FIPOC is setback 3'from the 217 right of way and is set back from 8'to 130'from other property lines. Where the building adjoins the residential zone a landscape buffer is provided,and the building is 78'from the property line at its nearest point. PARKING REQUIREMENTS AND VARIANCE The site area is 56,133 square feet. The minimum parking spaces allowed for this type of use is 94 spaces.The parking allows for 99 spaces. The parking space breakdown is as follows: 20 standard spaces, 75 compact spaces,5 handicap access, 7 bike. HPOC meets the minimum access width for the driveway of 30' and also meets the minimum pavement width of 24'. Due to the fact that the access width is less than 50'and the total parking spaces using the access road exceeds the maximum amount of 100, the applicant is requesting for a variance to the parking requirement stated above. The applicant is applying for variance to the allowed parking requirement based on the following criteria: 1. The proposed variance will not be detrimental to the purposes of this title or be in conflict with any applicable policies or standards in the same zoning district. 2. The access width is less than 50' and is not physically possible to widen, and the applicant cannot use any other road to access the proposed site. 3. The use of this site will be the same as permitted under this title. City standards will be maintained to the greatest extent while permitting some economic use of the land. 4. Existing systems such as traffic, drainage, dramatic land forms, or parks will not be adversely affected any more than would occur if the development were located as specified on the title. 5. This hardship is not self emposed and the variance requested is the minimum variance which would alleviate the hardship. The site also meets the Tualatin Valley Fire District fire access requirements.Attached is the signed Shared Parking Agreement with the Brahma Premananda Ashram. BUILDING AREA The building meets the maximum area allowed per floor for a 2-story office building with an actual square footage of 16,295 for first floor and 16,440 SF for the second floor. The Gross building area is 32,735 square feet. LANDSCAPING The required space needed for landscaping/open area is 15%. HPOC exceeds this requirement with 21%. MISCELLANEOUS The proposed building has one elevator,two toilet rooms on each floor,and 1 hour fire resistive corridor as required. The building will be fire sprinkled. The applicant would like to start construction in January of 1998 and have occupancy by August 1, 1998. NEIGHBORHOOD MEETING The applicant has notified and met with the neighboring property owners with in 250'of the proposed site. The response has been favorable. The neighbors were concerned about 3 main issues.!.) Security, the applicant is proposing a chain link site obscuring fence along the western side of the site to stop intruders from accessing the residential area. 2.)Tree Removal, The applicant has minimized removal of trees as per the site plan. 3.)Parking Lot Lighting, The applicant has strategically placed exterior lights where the parking would be lighted,but the homes to the west would not be having to look into glaring lights. TREES The proposed building site contains significant stands of trees. The attached Arborists report and tree survey shows what trees will be preserved. The architect and the applicant have made a considerable effort to preserve trees where possible. The building was placed on the site where the least amount of damage to the existing trees would occur.Trees were removed from the site with the approval from the City on 1/10/96 with the original application. See attached tree report dated 10/29/97. 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'' .7.-. ... •• .........."..t:...- . ... '.-::-. :::.-.11,- S.- ...nf.., -, t. � 07505.39G f.Fh, ., * f ANAEPX Ur � ,ai©S•'©7. 177G 1©: ^ `:. . tJ ' c y � STi WART 7171E COMPANY NO. . 41010 ' 9-,(j RETURN DOCUMENT TO DESIGNEE BELOW S� V.,.,STEWARTTITLE Iy, AFTER RECORDING RETURN TO: UNTIL FURTHER NOTICE, ALL Ba?U B . • TAX STATEMENTS SHALL BE BENT TO* RMMA PR tie ISHRAM BARH PREMANANDA A2HRAH DRAMA N't/I/s/ i / / 11515 :09 HALL BLVD. g 11515 8$4 HALL BLVD,/ TIGARD, OR 97223 Tigard, Oregon 97223 TAX ACCOUNT NO. : 181 3SDA 01400 +. ev GVt STATUTORY WARRANTY DEED l DAVID W. HUGHES and WOODROW W. HUGHES and BLUE, Grantor, ' .. • conveys and warrants to BRAHMA PREMANANDA ASHRAM, a non-profit organization, grantee, the following described real property :e' free of encumbrances except as *specifically set forth herein .! situated in WASHINGTON County, Oregon, to-wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. + " The said property is free from encumbrances except: Rights of rt the public in and to any portion of the herein described premises ,•, i lying within the boundaries of roads or highways; Easements, 1H ' restrictions, renervatione, covenants, condiLiuna and provisions of record. Proposed roadway as delineated on the Washington on`, county Tax Assessor Map; Encroachment ae diacloee1 u deed F • recorded 03/09/1988 as Fee No. 88-9617. , a • i! THIS INSTRUMENT WILL NOT ALLOW USE Ut' THE PROPERTY DESCRIAF.D TN THIS INS'LHUMENT IN VIOLATTON OF APPLICABLE LAND UDE LAWS AND '' REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE ,`iit PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY = •r L APPRO�-rr USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST ' : i. FARMTNr. OR FOREST PRACTICES AS DEFINED IN ORS 30.930. : The true r:nn*ideration for this conveyance is $208,000.00. Dated this ___L day of December, 1994. \ (... .0: 110P• viD W. U(HES ~.7 z_ O c. : / !� ,�" r. .• .. WOO•ROW W. Hy 1f (1/ __,i f / gI6 • ...•. WILLIAM BLUE ,�.i .c *14"1"""NIMTN AC PTR TAX TAi .sa is;s STATE OF OREGON s, ^s_ i (XS ,-5-C t . rtE tt�lU or.TE ) )? , .1, COUNTY OF WASHINGTON l�ereonally ppeared tha a above named DAVID W. HUGHES, WILLIAM e: BLUE and WOODROW W. HUGHES and acknowledged the foregoing • �• '`' instrument to be their voluntary act a d deed. ? ak *..: / ?. �• L If , ,1GrlCt•.L'Enl -��.,e .1 _ _. ,fir .J x. :� r CIIL vIES Note Public for �` Stc: r.ON OREGON • V . Gc' 'r �•. My commission expires 2/23/98 • C, • i 4' o. + t• ■ 0S.'0?-'1006 10: ^ *,i•a.* PANAEAX OF 400 *' 'w 02505596 r.04 Order No. 94090402-W . EXHIBIT "A" PARCEL I: Beginning at the Southeast corner of Lot 23, Block "0", METZGER ACRE TRACTS, as shown by the duly recorded plat thereof, in the County of Washington, State of Oregon; thence Westerly along the South line of said lot 300 feet, more or less, to the Southwest corner of said lot; thence North along the West line of said Lot 23, 75 feet, more or less; thence Easterly and parallel with the South line of said lot, 300 feet more or lees; thence South . and along the East, line of said Lot 23, 75 feet, more or less, to the place of beginning. EXCEPTING" THEREFROM a parcel of land located in the Northeast one-quarter of the Southeast one-quarter of Section 35, Township 1 South, Range 1 West, of the Willamette Meridian, in the County of Washington and State of Oregon, more particularly described as follows: Commencing at a found 2 inch iron pipe at the Southeast corner of the David C. Graham Donation Land Claim No. 52, said point also being the initial point of GRAHAM ACRES; thence tracing the • West line of the Thomas Stott Donation Land Claim No. 53, South 1 46 ' 47" West 829 .76 feet to a point on the South line of Lot 23, METZGER ACRE TRACTS; thence tracing said South line East 282.60 feet to a found 1/2 inch iron pipe 30 feet, more or less, West of the centerline of Hall Boulevard County Road No. 947) and the true point of beginning of this description; thence South 65. 08 feet: thence South 89' 11' 11" West 291.77 feet to a point on the monumented West line of METZGER ACRES TRACTS thence North 1' 01 ' 00" East 108.05 feet; thence North 89 11 ' 11" East 289.85 feet to a point 30 feet, more or less, West of the centerline of said Hall Boulevard; thence South 42. 93 feet to the true point of beginning of this description. PARCEL II: part of the Southeast quarter of Section 35, Township 1 South, Range 1 West of the Willamette Meridian, in the County of Washington and State of Oregon, and described as follows: Beginning at an iron pipe which is North 2' 03' East 499 .27 feet from the Southwest corner of the Stott Donation Land Claim; thence from said iron pipe and true point of beginning North 88' 00' West 209 .78 feet to an iron pipe on the Easterly line of a proposed roadway; thence Continuing North 88' UU ' West 25.0 feet to an iron pipe; thence North 2' 55 ' East 166.0 feet to an iron pipe; thence South 8T 00' East 25.0 feet to an iron pipe on the Easterly line of the aforebaid load area; thence continuing South 88. 00 ' East 206.88 feet to an iron pipe; thence South 2 03' West 186.8 feet to the point of beginning. 4.---/ Continued on next page `l (35.13?" 906 1©: ***>i• PANAEA>( Llr 400 .0**,1 13254:67= r.os • . Order PARCEL III: - :i Y The South one half of the following described tract; in Sitation ':!.' :;•: 35, Township 1 south, Range 1 West, of the Willamette Meridian;. %" ; ;.' In the County of Washington and State of Oregon, de©oribed 'as '•.. :.` .; followas Beginning at an iron pipe whioh is North 2' 03' Eaat 686.07 feet % from the Southwest corner of the Thomas A. Stott Donation Land Claim; thence from acid iron pipe and true point of beginning; ." thence North 88. 00' West 206.88 feet to an iron pipe on the Easterly line of a proposed roadway; thence continuing North 88' - .1.1%. 00 ' West 25.0 feet to an iron pipe; thence North 2 55' East 189. 25 feat to an iron pipe; thence 'South 88' 00' East 25.0 feet • to an iron pipe on the Easterly line of aforesaid road area; thence continuing South 886 00' East 203.96 feet to an iron pipet thence South 2' 03' Weat 189.25 feet to the point of beginning. • • LCD' i) � 1 44110110/ r 1 S OREGON } SS . Coun.. .i Washington I,Jerry :ra , r ,• .. of Assess- . ment an. ,�',• t '• o County Clerk for ...._..: •.." • �:r :rtlfy that the 1 i, �`:?'%%11. ,�:'a',v` :ceived and re.;. ::. a:���b•%I • - •f said county C' _r:y ea,Q t ,�� : �rt: :• _ •irector of •.::/. . : a x a U o n,Ex- -.. : . i fork Doc : 95055812 Rect: 148788 133. 00 08/10/1995 02: 22: 02PM /-- 3 WARRANTY DEED • STATUTORY FORM Individual/Corporate Escrow Number: 1221464 David W. Hughes, Woodrow W. Hughes, and William Blue Grantor, conveys and warrants to Michael J. Nedelisky Grantee, the following described real property free of encumbrances except as specifically set forth herein situated in Washington County, Oregon: See Attached Legal Description Exhibit "A". ,,-— , •,,., WASHINGTON COUNTY �.\"J ' RFAL PROPERTY TRANS ER TAX o k /o S -4744111 FEE PAID DATE The above described property Is free from encumbrances except covenants, conditions, restrictions, rights of way, easements and reservations now of record and the 1995/96 real property taxes due but not yet payable. 4D The true and actual consideration for this conveyance Is $ 90,000.00 d Dated this 4th day of August, 1995 ;if this deed Is iven by a co authorized officers by authority of the Board of Directors. t3 y corporate grantor, its name Is signed by Its ........ 0....sp ‘,„,,, ,Or, David W. Hughes /, -=� THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY n , DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF ���� �</� >A •' r� �'' ii APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE dr'" H SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK • WITH THE APPROPRIATE CITY OR COUNTY PLANNING W1 ham Blue ~�/ DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. STATE OF OREGON,County of Clac'camus STATE OF OREGON,County of Personally appeared David W. Hughes Personally appeared and Woodrow W. Hughes ♦:lam OFFICIAL SEAL rl ii PAMELA A MAC QUESTON �) who, being duly sworn, each for himself and not one for the other, did say that '``rr'4r'�' NOTARY PUBLIC-OREGON () the former is the d►e COMMISSION NO.032140 (J pros.&that the latter is the secretary of MY COMMISSION EXPIRES FEB.17 1938 f :+_�-�-�-�. -��`-`-•-��.`-`.�-.acs s . • : 'T•• r.ii!. ' a or:..ng Instrument to be Lhe i voluntary act and deed and that this instrument was signed on behalf of the corporation, by authority of its board of directors and is acknowledged to be Its voluntary act and deed. Before me: 8/4/95 Before me: 11111;/.d. ' /OP,././7411.4_. _f_./ Notary Public for Oregon Notary Public for Oregon My commission expires: /7: �s;i-- My commission expires: After recording return to: STATE OF OREGON. Mr. Michael Nedelisky 25 82nd Drive I County of Gladstone, Oregon 97027 I certify that the within instru- ment was received for record on the day of 1g at o'clock M., and recorded in Until a change Is requested all tax statements book/reel/volume No. ,on shall be sent to the following address, page or as fee/file instrument/ microfilm/reception No. Mr. Michael Nedelisky 25 82nd Drive Records of Deeds of said county. Gladstone, Oregon 97027 Witness my hand and seal of County affixed. NAME TITLE. BY Deputy Form No.500-Computer !� EXHIBIT "A" Description: PARCEL I : Beginning at an iron pipe which is North 2 ' 03 ' East 1067 . 07 feet from the Southwest corner of the Thomas A. Stott Donation Land Claim No. 53 , in Section 35 , Township 1 South, Range 1 West, of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon; thence from said iron pipe and true point of beginning, North 88 ' 00 ' West 200 . 94 feet to an iron pipe on the Easterly line of a proposed roadway; thence continuing North 88 ' 00 ' West 25 . 0 feet to an iron pipe; thence North 2 ' 55 ' East 194 . 25 feet to an iron pipe; thence South 88 ' 00 ' East 25 . 00 feet to an iron pipe on the Easterly line of the aforesaid road area; thence continuing South 88 ' 00 ' East 197 . 91 feet to an iron pipe; thence South 2 ' 03 ' West 194 . 25 feet to the true point of beginning. EXCEPTING THEREFROM that portion conveyed to the State of Oregon, by and through its State Highway Commission, by Judgment Order, filed May 8 , 1963 , Case No . 23 705 , Circuit Court of Washington County, Oregon. PARCEL II : The North one-half of the following described tract, in the City of Tigard, County of Washington and State of Oregon: Beginning at an iron pipe which is North 2' 03 ' East 875 . 32 feet from the Southwest corner of the Thomas A. Stott Donation Land Claim No. 53 , in Section 35, Township 1 South, Range 1 West, of the Willamette Meridian; thence from iron pipe and true point of beginning, North 88' 00 ' West 203 . 96 feet to an iron pipe on the Easterly line of a proposed roadway; thence continuing North 88' West 25.0 feet to an iron pipe; thence North 2 ' 55 ' East 191 . 75 feet to an iron pipe; thence South 88' 00 ' East 25 . 0 feet to an iron pipe on the Easterly line of the aforesaid road area; thence continuing South 88' 00 ' East 200 . 94 feet to an iron pipe; thence South 2' 03 ' West 191 . 75 feet to the point of beginning. PARCEL III: Tract 19, Block 0, METZGER ACRE TRACTS, in the City of Tigard, County of Washington and State of Oregon. EXCEPTING THEREFROM that portion conveyed to the State of Oregon, by and through its State Highway Commission, by Judgment Order filed May 8 , 1963, Case No. 23 705 , Circuit Court for Washington County, Oregon. 31 /`\TE OF OREGON l ..aunty of Washington J SS I, Jerry :. • ripam df Assess- ment an. �:1 • o Count Clerk for . '�' °' r'' rtify that the with,. ,.' 7it:77 :!s+�e. ,.. ...._.,.frw'�� =calved and re lee•'. ,, r;1';111'yf! :�, . :: .1 said county * ira�r�s.3 „a�� • (rector of s: J !V c lerk Ex- Doc : 95055810 Rect: 148788 114. 00 08/10/1995 02: 22: O1PM / .....� .S 52nd Drive ntgnr ' ' ^r�g.nn 97017 I certify that Trgezd. was.Tecusvettior "wort Ywit i n�satr 0\11:.A∎Vill%l 14.1 1 anti'of 11 I N 1 NM r:I. lio c n N } I —NAlE TlTCe I i -V°. fir' Form No.600-Computer 'ARRANTY DEED- STATUTORY FORD Individual/Corporate 1( Escrow Number: 1221758 Henry M. Brazil , Jr. , and Elva La Preal Brazil Grantor, conveys and warrants to Michael J. Nedelisky Grantee, the following described real property free of encumbrances except as specifically set forth herein situated in Washington County, Oregon: See Attached Legal Description Exhibit "A". The above described property Is free from encumbrances except covenants, conditions, restrictions, rights of way, easements and reservations now of record and the 1995/96 real property taxes due but not yet payable. ut T Lq The true and actual consideration for this conveyance is $ 70,800.00 �n I` Dated this 8th t 1995 day of �S ; if this deed is given by a corporate grantor, its name Is signed by its Z v authorized officers by authority of the Board of Directors. ‹ 2n Hen�ry�►�'' B a il , Jr ,, n THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY Y/i'X�-f'1 Wets C DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF Elva La Preal Brazil APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE —4 :—. SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WASHINGTON COUNTY WITH THE APPROPRIATE CITY OR COUNTY PLANNING i . REAL PROPERTY TRANSF R TAX DEPARTMENT TO VERIFY APPROVED USES AND TO �J DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR / 4 O D /D FOREST PRACTICES AS DEFINED IN ORS 30.930. \ Fa PAID ATE �a7ft�: STATE OF OREGON,County of STATE OF OREGON,County of Personally appeared Henry N. Personally appeared br,tz-il , Jr. and Elva La Preal Brazil OFFICIAL SEAL A ''• who,being duly sworn, each for himself and not one for the other, did say that t SHARON B.LEONARD the former is the • NOTARY PUBLICOREGON pros.&that the latter Is the secretary of .■ COMMISSION NO 009095 WAY COMMISSION EXPIRES AUG. 25, 1995 and act«wwwtodged the foregoing instrument to be the i r voluntary act and deed. and that this Instrument was signed on behalf of the corporation,by authority of its board of directors and is acknowledged to be its voluntary act and deed. Before me: 8/8/95 Before me: Notary Public for Oregon Notary Public for Oregon My commission expires: ?CAS- kc My commission expires: 51aS qcs Alter recording return to: STATE OF OREGON. Mr. Michael Nedelisky y 25 82nd Drive Count of Gladstone, Oregon 97027 I certify that the within Instru- I : on`, was racaived fvi tilt the I day of ,19_ at o'clock_M., and i Gcc-riod in book/reel/volume No. ,on Until a change Is requested all tax statements page or as fee/file instrument/ shall be sent to the following address. microfilm/reception No. Mr. Michael Nedelisky Records of Deeds of said county. 25 82nd Drive Witness my hand and seal of Gladstone, Oregon 97027 County affixed. NAME TITLE. BY Deputy Form No,500-Computer PTION: The South one-half of the following described tract: Beginning at an iron pipe which is North 2°03' East 875.32 feet from the Southwest corner of the Thomas A. Stett Donation Land Claim No. 53 in Section 35, Township 1 South Range 1 West of the Willamette Meridian, in the County of Washington and State of Oregon, Oregon; therefrom iron pipe and true point beginning North 88°00' West 203.96 feet to an iron pipe on the Easterly linefof a proposed roadway; thence continuing North 88° West 25.0 feet to an iron pipe; thence North 2°55' East 191.75 feet to an iron pipe; thence Sou 25.0 feet to an iron pipe on the Easterly line of thence aforesaid8rroad area; thence continuing South 88°00' East 200.94 feet to an iron pipe; thence South 2°03 ' West 191.75 feet to the point of beginning. 3 engreers, planners • MAY 1 , 1997 W.B. Wells and W. B. WELLS & ASSOCIATES, INC. — JOB# 96-095 associates inc. 4230 N.E Fremont St Portland,OR 97213 LEGAL DESCRIPTION Phone(503)284-5896 FAX(503)284-8530 TRACT 1 A TRACT COMPRISED OF LAND DESCRIBED IN DEEDS RECORDED AUGUST 10 , 1995 AS FEE NO'S 95055810 AND 95055812 AND PART OF 95055808 SITUATED IN THE SOUTHEAST QUARTER OF SECTION 35 , TOWNSHIP 1 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, IN THE CITY OF TIGARD, WASHINGTON COUNTY IN THE STATE OF OREGON BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE THOMAS A. STOTT DONATION LAND CLAIM NO. 53 ; THENCE NORTH 2°03 '00" EAST, A DISTANCE OF 780 . 39 FEET TO THE SOUTHEAST CORNER OF SAID TRACT DESCRIBED IN DEED RECORDED AS FEE NO. 95055808 AND THE "POINT OF BEGINNING" ; THENCE ALONG THE SOUTH LINE OF SAID TRACT NORTH 87°57 '01" WEST, A DISTANCE OF 50 . 00 FEET; THENCE LEAVING SAID SOUTH LINE NORTH 2°03 '00" EAST, A DISTANCE OF 37 . 38 FEET; THENCE NORTH 49°06 '23" WEST, A DISTANCE OF 91 . 68 FEET TO THE NORTH LINE OF SAID TRACT DESCRIBED IN DEED RECORDED AS FEE NO. 95055808 ; THENCE ALONG SAID NORTH LINE NORTH 87°58 ' 19" WEST, A DISTANCE OF 107 . 57 FEET TO THE NORTHWEST CORNER OF SAID TRACT; THENCE ALONG THE WEST LINE OF SAID TRACTS RECORDED AS FEE NO. 95055810 AND 95055812 NORTH 2°57 '13" EAST, A DISTANCE OF 283 . 41 FEET TO THE SOUTHERLY RIGHT—OF—WAY LINE OF STATE HIGHWAY NO. 217 ; THENCE ALONG SAID RIGHT—OF—WAY LINE ON A 11 , 319. 16 FOOT RADIUS NON—TANGENT CURVE CONCAVE TO THE SOUTHWEST (CHORD BEARS SOUTH 49°34'48" EAST, — 420 . 66 FEET) A DISTANCE OF 420 . 69 FEET TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF SAID TRACT DESCRIBED IN DEED RECORDED AS FEE NO. 95055812 SAID LINE ALSO BEING THE SOUTH LINE OF LOT 19 , BLOCK "0" , "METZGER ACRE TRACTS" ; THENCE ALONG SAID SOUTH LINE NORTH 89°03 '05" WEST, A DISTANCE OF 105 . 32 FEET TO THE EAST LINE OF SAID TRACT DESCRIBED IN DEED RECORDED AS FEE NO. 95055810 ; THENCE ALONG SAID EAST LINE AND THE EAST LINE OF SAID TRACT DESCRIBED IN DEED RECORDED AS FEE NO. 95055808 SOUTH 2°03 '00" WEST, A DISTANCE OF 115 . 07 FEET TO THE "POINT OF BEGINNING" . CONTAINING 56 , 133 SQUARE FEET, MORE OR LESS . Exceptional Service, Creative Solutions, Quality Beyond Your Expectations. 1 " ors engineers planners • MAY 1 , 1997 •• W.B. Wells and W. B. WELLS & ASSOCIATES , INC. - JOB# 96-095 associates inc. 4230N.E Fremont St LEGAL DESCRIPTION Portland,OR 97213 Phone(503)284-5896 FAX(503)284-853o TRACT 2 A TRACT COMPRISED OF LAND DESCRIBED AS PARCELS I , II AND III IN DEED RECORDED JANUARY 5 , 1995 AS FEE NO. 95001169 SITUATED IN THE SOUTHEAST QUARTER OF SECTION 35 , TOWNSHIP 1 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN IN THE CITY OF TIGARD, WASHINGTON COUNTY IN THE STATE OF OREGON TOGETHER WITH PART OF THE LAND DESCRIBED IN DEED RECORDED AUGUST 10 , 1995 AS FEE NO. 95055808 SAID PART BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHWEST CORNER OF THE THOMAS A. STOTT DONATION LAND CLAIM NO. 53 ; THENCE NORTH 2°03 '00" EAST, A DISTANCE OF 780 . 39 FEET TO THE SOUTHEAST CORNER OF SAID TRACT DESCRIBED IN DEED RECORDED AS FEE NO. 95055808 ; THENCE ALONG THE SOUTH LINE OF SAID TRACT NORTH 87°57 '01" WEST, A DISTANCE OF 50 .00 FEET TO THE "POINT OF BEGINNING" ; THENCE LEAVING SAID SOUTH LINE NORTH 2°03 ' 00" EAST, A DISTANCE OF 37 . 38 FEET; THENCE NORTH 49°06 '23" WEST, A DISTANCE OF 91 .68 FEET TO THE NORTH LINE OF SAID TRACT DESCRIBED IN DEED RECORDED AS FEE NO. 95055808 ; THENCE ALONG SAID NORTH LINE NORTH 87°58 ' 19" WEST, A DISTANCE OF 107 . 57 FEET TO THE NORTHWEST CORNER OF SAID TRACT; THENCE ALONG THE WEST LINE OF SAID TRACT SOUTH 2°57 '13" WEST, A DISTANCE OF 94.86 FEET TO THE SOUTHWEST CORNER OF SAID TRACT; THENCE ALONG THE SOUTH LINE OF SAID TRACT SOUTH 87°57 '01 EAST, A DISTANCE OF 180 .47 FEET TO THE "POINT OF BEGINNING" . CONTAINING 90 , 067 SQUARE FEET, MORE OR LESS . Exceptional Service, Creative Solutions, Quality Beyond Your Expectations. 1 v-Vs engineers planners • MAY 1 , 1997 W.B. Wells and W.B. WELLS & ASSOCIATES, INC. — JOB# 96-095 associates inc. 4230 N.E Fremad St. Portland,OR 97213 LEGAL DESCRIPTION Phone(503)284-5896 FAX(500)284-8530 EXCHANGE TRACT A TRACT COMPRISED OF PART OF THE LAND DESCRIBED IN DEED RECORDED AUGUST 10, 1995 AS FEE NO. 95055808 SITUATED IN THE SOUTHEAST QUARTER OF SECTION 35 , TOWNSHIP 1 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, IN THE CITY OF TIGARD, WASHINGTON COUNTY IN THE STATE OF OREGON BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE THOMAS A. STOTT DONATION LAND CLAIM NO. 53; THENCE NORTH 2°03'00" EAST, A DISTANCE OF 780. 39 FEET TO . THE SOUTHEAST CORNER OF SAID TRACT DESCRIBED IN DEED RECORDED AS FEE NO. 95055808; THENCE ALONG THE SOUTH LINE OF SAID TRACT NORTH 87°57'01" WEST, A DISTANCE OF 50.00 FEET TO THE "POINT OF BEGINNING"; THENCE LEAVING SAID SOUTH LINE NORTH 2°03 '00" EAST, A DISTANCE OF 37 .38 FEET; THENCE NORTH 49°06'23" WEST, A DISTANCE OF 91.68 FEET TO THE NORTH LINE OF SAID TRACT DESCRIBED IN DEED RECORDED AS FEE NO. 95055808; THENCE ALONG SAID NORTH LINE NORTH 87°58'19" WEST, A DISTANCE OF 107. 57 FEET TO THE NORTHWEST CORNER OF SAID TRACT; THENCE ALONG THE WEST LINE OF SAID TRACT SOUTH 2°57 '13" WEST, A DISTANCE OF 94.86 FEET TO THE SOUTHWEST CORNER OF SAID TRACT; THENCE ALONG THE SOUTH LINE OF SAID TRACT SOUTH 87°57 '01 EAST, A DISTANCE OF 180.47 FEET TO THE "POINT OF BEGINNING". CONTAINING 14,997 SQUARE FEET, MORE OR LESS. Exow clonal Service, Creative Solutions, Quatty Beyond Your Expectations. 1 r-r41 engineers planners .• MAY 1 , 1997 W.B. Wells W. B . WELLS & ASSOCIATES , INC. — JOB# 96-095 and associates LEGAL DESCRIPTION inc. 4230 N.E Fremont St Portland,OR 97213 ACCESS EASEMENT Phone(503)284-5896 FAX(503)284-8530 BEING A PORTION OF THAT TRACT OF LAND DESCRIBED AS PARCELS I , II AND III IN DEED RECORDED JANUARY 5 , 1995 , AS FEE NO. 95001169 , RECORDS OF WASHINGTON COUNTY, OREGON, SITUATED IN THE SOUTHEAST QUARTER OR SECTION 35 , TOWNSHIP 1 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, IN THE CITY OF TIGARD, WASHINGTON COUNTY AND STATE OF OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHWEST CORNER OF THE THOMAS A. STOTT DONATION LAND CLAIM NO. 53 ; THENCE NORTH 2°03 ' 00" EAST, A DISTANCE OF 780 . 39 FEET TO THE SOUTHEAST CORNER OF SAID TRACT DESCRIBED IN DEED RECORDED AS FEE NO. 95055808 AND THE "POINT OF BEGINNING" ; THENCE ALONG THE EAST LINE OF THE TRACT DESCRIBED AS PARCELS II AND III IN SAID DEED RECORDED AS FEE NO. 95001169 SOUTH 2°03 ' 00" WEST, A DISTANCE OF 110 . 23 FEET TO THE NORTH LINE OF THE TRACT DESCRIBED AS PARCEL I IN SAID DEED; THENCE ALONG SAID NORTH LINE SOUTH 89°03 ' 05" EAST, A DISTANCE OF 287 . 47 FEET TO THE WEST LINE OF SOUTHWEST HALL BOULEVARD (COUNTY ROAD NO. 947 ) ; THENCE ALONG SAID RIGHT—OF—WAY LINE SOUTH 0°56 ' 55" WEST, A DISTANCE OF 32 . 07 FEET TO THE SOUTH LINE OF SAID PARCEL I ; THENCE ALONG SAID SOUTH LINE NORTH 89°51 ' 54" WEST , A DISTANCE OF 338. 23 FEET; THENCE ON A LINE THAT IS PARALLEL WITH AND 50 . 00 FEET DISTANT TO THE EAST LINE OF SAID PARCELS II AND III NORTH 2°03 '00" EAST, A DISTANCE OF 148 . 07 FEET TO THE SOUTH LINE OF SAID TRACT DESCRIBED IN DEED RECORDED AS FEE NO. 95055808 ; THENCE ALONG SAID SOUTH LINE SOUTH 87° 57 '01" EAST, A DISTANCE OF 50 . 00 FEET TO THE "POINT OF BEGINNING" . CONTAINING 17 , 180 SQUARE FEET, MORE OR LESS . Exceptional Service, Creative Solutions, Quality Beyond Your Eectations. . R• c" F OF OREGON C.._.it of Washington SS AFTER RECORDING RETURN TO: Y Thomas A.Sherwood,Esq. I, Jerry naFi' e,jor of Assess- + 16325 S.W.Boones Ferry Road,Suite 203 O merit; and 8 afi n"antd" ATfcio County lake Oswego,OR 97035 Clerk for icf.co • refer ertify that t ttr eceived ir e b • a• and he reo withi rded�•∎ :••..-'.�r- nd of said •1 county. * h `'.` '. 1 l * #j cP ,i�ji,Y.11- �ssot •Director of `Se'st'rfidht`a' . axation, Ex- fcgi9 ur) tIerk Doc : 97085692 Rect: 194148 78. 00 09/15/1997 03 : 15: 51pm DECLARATION OF EASEMENT RECITALS WHEREAS, the undersigned Brahmapremananda Ashrama, which took title as Brahma Premananda Ashram, an Oregon non-profit corporation, herein called "Grantor", is the owner in fee simple of a certain tract of land situated in Section 35, Township 1 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, more particularly described at Exhibit A annexed hereto and by this reference incorporated herein as if fully set forth, herein called "Servient Premises", and WHEREAS, the undersigned Michael J. Nedelisky, herein called "Grantee", is the owner in fee simple of that certain tract of land situated in Section 35, Township 1 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, more particularly described at Exhibit B annexed hereto and by this reference incorporated herein as if fully set forth, herein called "Grantee's Premises", and WHEREAS, by instrument recorded as Fee No. 88-9619, in the records of Washington County, Oregon, on March 9, 1988, Woodrow W. Hughes, David W. Hughes and William Blue, as the "Grantors" therein named, entered into an Agreement For Shared Drive Easement And Maintenance, with Kinder-Care, Inc., a corporation, therein named as "Grantee" (herein called "Kinder-Care Agreement"), affording to the said Kinder•Care, Inc., certain rights of access affecting a portion of the Servient Premises subject to certain affirmative undertakings on the part of said Kinder-Care, Inc., to maintain and repair, and bear the cost of maintenance and repair, of that portion of the Servient Premises affected by said agreement all as therein provided for, and WHEREAS, by instrument recorded as Fee No. 94033952, in the records of Washington County, Oregon, on April 8, 1994, the said Woodrow W. Hughes, David W. Hughes and William Blue, as the "Grantors" therein named, entered into an Agreement For Shared Drive Easement And Maintenance, with Carl Eshelman, therein named as "Grantee" (herein called "Eshelman Agreement"), affording to the said Carl Eshelman certain rights of access affecting a portion of the Servient Premises subject to certain affirmative undertakings on the part of said Carl Eshelman, to maintain and repair, and bear the cost of maintenance and repair, of that portion of the Servient Premises affected by said agreement all as therein provided for, and WHEREAS, by their terms, both the Kinder-Care Agreement and the Eshelman Agreement provide: This Easement and Maintenance Agreement shall be deemed to run with the land and shall inure to the benefit of and be binding upon Grantee, Grantors and their respective heirs, successors and assigns. DECLARATION OF EASEMENT / /0 Page 1 of 8 Pages and WHEREAS, the Grantor and the Grantee named herein each desire and intend that they and each of them and their respective successors in interest, transferees, assigns, lessees, tenants and invitees shall now and for all time hereafter have the unqualified right and ability to use, enjoy, occupy, improve, re-improve, construct improvements, reconstruct improvements, develop and redevelop, sell, lease, rent and otherwise deal with all premises, parcels and tracts of land which the Grantor and the Grantee, or either of their number, or their respective successors in interest, transferees, assigns, lessees, tenants and invitees, shall now or hereafter own or acquire the right to use or occupy which may at anytime benefit from the rights of use and easements created hereunder whether or not such premises, parcels and tracts of land are now owned, occupied or used by Grantor or Grantee, all to the highest and best use which may be made of said premises, parcels or tracts of land, and WHEREAS, it is the purpose of this instrument to establish and create in favor of the Grantee, perpetual non- exclusive rights and interests in the Servient Premises in every way sufficient to accomplish the desires and intent of the Grantor and Grantee above-stated and to hereby define, fix and establish in perpetuity, for the benefit of each of their number, their said successors in interest, transferees, assigns, lessees, tenants and invitees respectively, the uses and purposes for which the Servient Premises shall be committed, employed, improved and maintained without in any manner effecting conveyance of the fee title to the Servient Premises or any portion thereof, AGREEMENT In consideration of the foregoing recitals and the mutual declarations and agreements herein contained and set forth, it is hereby COVENANTED AND AGREED by and between the Grantor and the Grantee, each with the other, as follows: 1. Easement for Surface Access and Egress. The Servient Premises shall be, and are hereby, declared and subjected to a common, non-exclusive easement and right of way for surface vehicular and pedestrian access to and egress from the whole of all adjoining tracts of land now owned, or which are hereafter acquired, by the Grantor or by the Grantee, including, but not limited to, the Grantee's Premises above described, and which lie within, or, as the case may be, which lie contiguous with, any portion of the Servient Premises, the Grantee's Premises or both of said premises, whether or not any such adjoining tracts of land so owned shall, now or hereafter, be described in gross or as separate parcels or tracts; whether or not any or all of said adjoining tracts of land shall be improved or developed to any extent whatsoever, and at such time or times as the same shall be improved, developed and used, to whatever extent any or all of said adjoining tracts shall be lawfully improved, developed and used at any time in the future. The easements and rights of way established and created hereby shall run with the lands subjected thereto, and the lands benefited thereby, and shall bind and inure to the benefit of the Grantor and the Grantee and their respective heirs, successors in interest and assigns. 2. Easement for Utilities and Services. Subject to requirements, regulations, restrictions now, or at any time hereafter, lawfully imposed by duly constituted governmental authorities, the Servient Premises shall be, and are hereby, declared and subjected to a common, non-exclusive easement and right of way for the underground, surface and above-ground installation, construction, reconstruction, placement, use and maintenance of utilities services and their associated conduits, equipment, components, pipes, conductors, controls, metering and DECLARATION OF EASEMENT Page 2 of 8 Pages monitoring devices, connections, inlets, outlets, vaults, means of access and means of support whether below, on, or above the surface of the land, including, but not limited to, water service of any description; sanitary sewer collection, storage, processing, pumping and/or disposal; storm sewers, rain drains, catchment, control and/or drainage of surface and above ground runoff from lands and improvements; electric services and electricity; telecommunications of every description, fire mains and hydrants; natural gas transmission, and generally all other additional or other equipment or installations which may, from time to time, become necessary or convenient for purposes of rendering necessary utilities and services available to, and adequate for development and use of, the whole of all adjoining tracts of land now owned, or which are hereafter acquired, by the Grantor or by the Grantee, including but not limited to the Grantee's Premises above described, which lie within, or, as the case may be, which lie contiguous with any portion of the Servient Premises, the Grantee's Premises or both of said premises, whether or not any such adjoining tracts of land so owned shall be, now or hereafter, described in gross or as separate parcels or tracts; whether or not any or all of said adjoining tracts of land shall be improved or developed to any extent whatsoever, and, at such time or times as the same shall be improved, developed and used, to whatever extent any or all of said adjoining tracts shall be lawfully improved, developed and used at any time in the future. 3. Easement for Monuments, Signs and Billboards. Subject to requirements, regulations, restrictions now, or at any time hereafter, imposed by duly constituted governmental authorities, the Servient Premises described shall be, and are hereby, declared and subjected to a common, non-exclusive easement for construction, reconstruction, installation, use and maintenance of permanent monuments, signs or billboards placed solely for the purpose of identifying by name(s), address(es), activity(ies), business(es), commercial or other uses, any party or parties who may occupy any portion of any improvements placed on any land benefited by the easements established at paragraphs 1 or 2 above. PROVIDED, HOWEVER, no such monument, sign or billboard shall be placed or erected upon, or extend over or above, any improved roadway, driveways or pedestrian walkways now, or at any time hereafter, placed anywhere within, or which intersects or abuts, the boundaries of the Servient Premises; nor shall any such monument, sign or billboard be configured in such a way, or erected or placed in such location or manner, as may in any way materially interfere with, or obstruct, either: (a) free and convenient access to any improvements located upon any tract or tracts of land benefited by the easements established by paragraphs 1 or 2 above by means of any improvements made upon or to the Servient Premises or by any other means; or (b) construction, reconstruction, installation, use or maintenance of any improved roadway, driveways, pedestrian walkways, landscaping or other improvements or installations located upon, above or beneath the surface of land lying within the boundaries of the Servient Premises other than monuments, signs or billboards placed thereon; or (c) the ability of persons intending to enter onto or to depart from the Servient Premises from the public roadway which lies contiguous with the easternmost boundary thereof, to readily perceive and identify the entrance to the Servient Premises from said roadway and safely enter into, or depart from, said entrance on or by means of said public roadway. 4. Easements Appurtenant. The rights and easements described and created hereunder shall endure in perpetuity and shall be and remain appurtenant to the Grantee's Premises above-described and to any additional or other premises, parcels or tracts of land hereafter acquired by the Grantor or the Grantee as aforesaid. 5. Grants to Third Parties. Grantor expressly agrees that it will not, without the consent, joinder and agreement in writing of Grantee, voluntarily afford to any third party or parties, including, without limitation, the grantee named in the Kinder-Care Agreement its successors in interest, transferees or assigns, and the grantee named in the Eshelman Agreement, his successors in interest, transferees and assigns, any rights or interests in or affecting the Servient Premises or the easements and interests afforded the Grantee hereunder, it being DECLARATION OF EASEMENT 2 Page 3 of 8 Pages specifically acknowledged on the part of the Grantor that any such rights or interests afforded any such third party or parties will result in irreparable harm to Grantee and Grantee's Premises herein described. 6. Improvement, Maintenance and Repair of Servient Premises. The Grantor and Grantee acknowledge that by means of the Kinder-Care Agreement and the Eshelman Agreement above-mentioned, each of the grantees thereunder and their respective successors in interest and assigns, became obligated for maintenance and repair of "...the shared drive..." subject of and described in each of said agreements "...so long as the lands to the west which are benefited by the shared drive contain no more than two single family residences." The Grantor and Grantee further acknowledge that said agreements and each of them further provide as follows: In the event the lands to the west are developed to increase the vehicular burden on the shared drive, then from such time forward the cost of maintaining that portion of the shared drive constructed to the west of that point 120 feet to the west of S.W. Hall Boulevard shall be shared prorate(sic) to the amount of square footage of each parcel which has access to S.W. Hall Boulevard through said shared drive,. Accordingly, the Grantor and Grantee hereby undertake and agree that, as respects that portion of any shared driveway now existing upon the Servient Premises lying within 120 feet of the easterly boundary of S.W. Hall Boulevard and with respect to that portion of any surface improvements hereafter constructed or reconstructed upon the easterly 120 feet of the Servient Premises for the purpose of vehicular access and egress only which are used by or for the benefit of the grantees named in said agreements, their successors in interest or assigns, or any of said parties, the Grantor and the Grantee shall bear the cost to maintain and repair such shared driveway and surface improvements which it is not the obligation of the grantees under said agreements to bear as aforesaid, in accordance with the formula implicit in the terms of said agreements set forth above. As respects that portion of all and any other improvements, of whatever kind or nature which are now existing or hereafter constructed or reconstructed, placed or installed on, beneath or above the surface of the Servient Premises, including, but not limited to, surface improvements provided for the purposes of vehicular access and egress only, which do not benefit, and are not used in connection with, any use or improvements occurring on premises not owned by the Grantor or the Grantee, the Grantor and the Grantee, shall share in the costs to install and construct, and to repair and maintain, any and all such other improvements in shares reasonably and fairly proportionate to the benefit conferred by such improvements on their respective lands and the improvements now, and at anytime hereafter, constructed thereon. In establishing the reasonably and fairly proportionate shares of costs to be borne by the Grantor and the Grantee as stated above, the following factors shall be applied: a. Whether the subject improvement in fact benefits the lands and improvements of the Grantor and the Grantee in the sense that such improvement is necessary in order for such lands and improvements to be used and occupied. If no such benefit is provided, no share of the costs entailed in installing and constructing and repairing and maintaining shall be borne by the owner of the lands and improvements not benefited. b. Whether the subject improvement costs more to install or construct within or upon the Servient Premises because it benefits the lands and improvements of both parties rather than the lands and improvements of one party exclusively. If the subject improvement benefits the land and improvements of both the parties and if the costs to install or construct such improvement are not at least five percent (5%) greater than they would be if they benefited the lands and improvements of one party exclusively, then the costs to install or construct,and the costs to maintain and repair, such improvement shall be shared equally by the Grantor and Grantee. But if such costs are at least five percent (5%) greater because such improvements benefit the lands and improvements of both parties, then the cost to install or construct such improvement within or upon DECLARATION OF EASEMENT Page 4 of 8 Pages the Servient Premises for the exclusive use and benefit of the Grantor's lands and the cost to install or construct such improvements within or upon the Servient Premises for the exclusive benefit of the lands and improvements of the Grantee shall be determined and combined (added) to form the denominator of a fractional share, the numerator of which, as respects each party, shall be the cost to install or construct such improvement within or upon the Servient Premises for the exclusive benefit of such party. Such fraction shall then be used to determine each party's share of the cost to install or construct such improvement within or upon the Servient Premises as well as each party's share of the future cost to maintain or repair such improvement. c. Whether or not the necessity to maintain or repair an improvement within or upon the Servient Premises is caused or contributed to by wrongful or negligent act or omission of the Grantor or the Grantee or of any person or persons, regardless of their status as an owner, lessee, tenant, licensee, invitee or trespasser, entering, leaving, coming on to, using or occupying the lands or improvements of the Grantor or the Grantee other than the Servient Premises or some portion thereof. If maintenance or repair of an improvement within or upon the Servient Premises, or the Servient Premises themselves, is not caused by the wrongful or negligent act or omission of Grantor or Grantee or any person or persons entering, leaving, coming on to, using or occupying the lands or improvements of either the Grantor or Grantee as aforesaid, the costs of any such maintenance or repair shall be shared by the Grantor and the Grantee as described in the next preceding paragraph. Otherwise, such costs shall be borne in their entirety by the party whose wrongful or negligent acts or omissions caused or contributed to the need that such costs be incurred or by the party owning the lands or improvements subject of entering, leaving, coming on to, use or occupancy by such person or persons. d. Whether or not an improvement installed or constructed within or upon the Servient Premises requires maintenance or repair, replacement, reconstruction or upgrading due to changes in, or intensification of, uses or activities occurring upon, or development, or improvements of, the lands of the Grantor or the Grantee. If, solely by reason of such changes or intensification, an improvement previously installed or constructed within or upon the Servient Premises must be maintained, repaired, replaced, reconstructed, upgraded, relocated or otherwise modified, all costs associated with maintenance, repair, replacement, reconstruction, upgrading, relocation or other modification, including any and all resulting costs and expenses incurred with respect to other improvements affected by such actions, are to be borne by the owner of lands upon which such changes or intensified uses or activities have occurred or will occur regardless of any incidental benefits which might in the future be conferred on other lands having potential access to such improvement. However, if any such maintenance, repair, replacement, reconstruction, upgrading, relocation or other modification results in any immediate and direct enhancement of services or in the kind, quality or quantity of services or utilities, actually available to, and used or consumed on, the lands of the other party, then the costs of future maintenance or repair of such improvement shall be borne equally between the Grantor and the Grantee. 7. Taxes on Servient Premises. If the Grantor, the Grantee, or both the Grantor and Grantee, shall become obligated as the owners of lands benefited by improvements installed, constructed or used within or upon the Servient Premises, for the payment of any taxes, excises or assessments levied based on the value of such improvements or upon the rights and interests afforded under this instrument, as distinguished from the unimproved value of the real property comprising the Servient Premises, then the Grantor and the Grantee shall each respectively assume, pay and satisfy such taxes, excises or assessments promptly and before any portion thereof shall become in arrears or past due. Grantor shall fully pay and satisfy any such taxes, excises or assessments levied based on the unimproved value of the real property comprising the Servient Premises all as hereinafter prescribed: DECLARATION OF EASEMENT 5 Page 5 of 8 Pages a. On or before the 31st day of December each year commencing with the year 1997, Grantor shall deliver to Grantee, and Grantee shall deliver to Grantor, at their respective addresses appearing on the real property tax rolls of Washington County, Oregon, a statement in writing setting forth the amount which the party delivering said statement contends such party has incurred in the way of liability for the payment of taxes, excises andlor assessments levied on or with respect to said improvements, rights and interests as aforesaid during the fiscal tax year beginning on the first day of July of such year. b. Not later than the 15th day of February of the year following the date upon which statements are to be delivered as aforesaid, each party shall deliver to the other party at the address of the other party mentioned above, a second statement setting forth the amount, if any, which the party delivering such statement claims the party to whom such statement is delivered is obligated to pay to, or reimburse, the party delivering such statement, on account of the total amount of taxes, excises and/or assessments levied on, or with respect to, said improvements, rights and interests previously paid or thereafter payable, by the party delivering such statement and claim. c. Said obligations shall be determined each year in accordance with the same factors based upon which both parties' respective shares of the costs of maintenance and repair of all improvements installed within or upon the Servient Premises would otherwise be determined on the first day of the fiscal tax year subject of such statements in accordance with the foregoing provisions of this instrument. d. If, according to the second statements exchanged by the Grantor and the Grantee as aforesaid, the net difference between the amounts, if any, each party claims the other is obligated to pay or reimburse it on account of all taxes, excises and assessments subject of such party's second statement, does not exceed the sum of one thousand dollars ($1,000.00) neither party shall be obliged to pay or reimburse the other any amount whatsoever on account of such taxes, excises andlor assessments. Otherwise, the net difference between the two amounts claimed, to the extent the same exceeds the sum of one thousand dollars, shall be paid by the party which advanced the lesser claim to the party which advanced the greater claim, or the parties shall undertake to compromise their differences, within thirty (30) days following the date both second statements shall have been delivered as aforesaid and, failing such compromise, the matter shall be submitted to binding arbitration as hereinafter described. e. In the event either the Grantor or the Grantee shall fail, neglect or refuse, for any reason whatsoever, to deliver to the other either the first or second statement at the time and in the manner above stated, then the party who delivered such statements and each of them as aforesaid shall be entitled to recover from the other party whatever amount the party delivering such statements contends, in such party's second statement, the other party is obliged to pay or reimburse the party who delivered such statements and such contention shall be deemed final, conclusive and binding on both parties for all purposes whatsoever. 8. Duty to Insure; Indemnification. At all times, the Grantor and the Grantee shall each and severally procure and maintain at their sole cost and expense, one or more policies or contracts of insurance providing coverage and indemnity, in an insured amount of not less that $1,000,000.00, for and against losses and damages claimed by or on behalf of the other party, and by third parties, including, without limitation, damages for loss, damage and depreciation of personal property, bodily injury and loss of life, arising out of the use or condition of the Servient Premises and all improvements now, or at anytime hereafter, placed, located, installed, constructed or used thereon and for any such claims arising out of the any insurable activities conducted thereon by any third party or parties employed by or on behalf of the Grantor or the Grantee for the purposes of installing, constructing, maintaining or repairing any and all such improvements. At all times, the Grantor and the Grantee shall each and severally keep and maintain at their own expense their respective interests in the Servient Premises insured DECLARATION OF EASEMENT Page 6 of 8 Pages against fire and such other risks and casualties as they may respectively, and from time-to-time, each and independently determine to insure. Provided, however, that the Grantor and the Grantee do hereby expressly agree one with the other, that they will fully indemnify and save harmless the other from, for and against all and any losses, liabilities, claims, damages and expenses, including without limitation costs of defense and attorneys' fees, which the other may at anytime suffer or incur which are caused, to the extent the same are contributed to, by the wrongful or negligent acts or omissions of their respective employees, agents, representatives, tenants, invitees, licensees, permittees, contractors, and subcontractors and/or by any casualty or occurrence for which such party might have obtained insurance commonly available at reasonable cost in relation to the magnitude of the risks insured, by reason of their respective interests in, and contractual undertakings with respect to, the Servient Premises herein described or established. 9. Arbitration. If any dispute arises between the Grantor and the Grantee hereunder, the same shall be submitted to arbitration for final and binding determination. Either the Grantor or the Grantee may request arbitration of any such dispute and appoint one individual to act in the capacity of an arbitrator. Upon receipt of any such request for arbitration, the other party may appoint one individual to act in the capacity of an arbitrator and the two arbitrators so appointed shall appoint a third arbitrator. If the appointment of either the second or third arbitrator is not made within ten (10) days of appointment of the arbitrator previously appointed, then either the Grantor or the Grantee may apply to the presiding judge of Washington County, Oregon, to appoint the required arbitrator. The arbitrators so appointed shall proceed according to the Oregon statutes governing arbitration (currently contained in Chapter 36, Oregon Revised Statutes), and the award of the arbitrators shall have the effect therein provided. Said arbitration shall take place in Washington County, Oregon. The costs of the arbitration shall be shared equally by the parties, but each party shall pay its own attorney fees incurred in connection therewith unless otherwise determined by the award on arbitration. In the conduct of any such arbitration, each party shall have the right to conduct discovery by all and any means available to parties engaged in civil litigation then pending in the U.S. District Court for Oregon, sitting at Portland. 10. Parties Bound. This instrument and the terms and provisions herein contained shall bind, and inure to the benefit of the Grantor, the Grantee and the successors in interest, heirs, personal representatives, transferees and assigns of the Grantor and the Grantee. 11. Effects of Conflicts With Other Agreements. Insofar as the terms of this instrument may now, or at any time hereafter, be deemed or construed to conflict with the terms or provisions of any other and prior agreement or instrument purporting to fix, describe, create or establish rights and interests in the Servient Premises or any portion thereof to which the Grantor or the Grantee, or their predecessors in interest, may be parties, then to the extent possible in conformity with applicable legal and equitable principles and precedent, this instrument and the terms and provisions herein contained shall be afforded precedence, replace and supersede such conflicting terms and provisions of said prior agreement or instrument and the same shall be null, void and of no further effect whatsoever. 12. Remoteness of Vesting; Severability. If, and in the event, any rights, interests or claims arising, or which might arise, under or which are described in, or created by, this instrument shall be deemed or construed by any court or tribunal having lawful jurisdiction to do so, to conflict with, or rendered unenforceable, unrecognizable or void by reason of, any rule of law or equity pertaining to remoteness of vesting, then such terms or provisions shall be deemed and construed enforceable and valid for so long, and to such extent, as such rule of law shall permit, and no longer or further. If any terms or provisions of this instrument shall be found invalid or unenforceable to any extent by judgment or decree of any court or tribunal having lawful jurisdiction to do so, the DECLARATION OF EASEMENT 7 Page 7 of 8 Pages validity and enforceability of the remaining terms and provisions shall 1 it be affected and the same shall be construed to effect the evident intent of the parties insofar as reasa,.b ( ►I ssible. IN WITNESS WHEREOF, the Grantor and the Grantee have her:un : ► • 4, . festive as of the latest date set forth below. I LAI BRAHMAPREMANANDA ASHRAMA, an Oregon A. . �� non-profit corporation, G .ntor MrrAEL J.'%ELIS Grantee BY Swami Viswa Premananda, President By / •- Bharat Naik, Secretary State of Oregon, County of Ca. _ _ } s.s. This instrument was acknowledged before me o . % , 1997, by SWAMI VISWA PREMANANDA as President of Brahmapremananda Ashrama, an Oreg n non-profit corporation. �� �� tt�'`/A "ti if Ir �t" OFFICIAL SEAL �. +' BROOKE LAHMAN Notary Public for Oregon `�.1® NOTARY PUBLIC-OREGON My Commission Expires L () �D(J MY COMMISSION EXPIRES JUNE 03,,2000 [ 1 State of Oregon, County of _ _ / „ } s.s. This instrument was acknowledged before me on PSItb. /JO, 1997, by Bharat Naik as Secretary of Brahmapremananda Ashrama,an Oregonw on-profit corporation. / ! "EXHIBIT A" TO DECLARAT ION Of EASEMENT Brahmapremananda Ashrama, Grantor; Michael J. Nedelisky, Grantee; [Description of Servient Premises] BEING A PORTION OF THAT TRACT OF LAND DECRIBED AS PARCELS I, II AND III IN DEED RECORDED JANUARY 5, 1995, AS FEE NO. 95001169, RECORDS OF WASHINGTON COUNTY, OREGON, SITUATED IN THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 1 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, IN THE CITY OF TIGARD, WASHINGTON COUNTY AND STATE OF OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE THOMAS A. STOTT DONATION LAND CLAIM NO. 53; THENCE NORTH 2°03'00" EAST, A DISTANCE OF 780.39 FEET TO THE SOUTHEAST CORNER OF THAT TRACT OF LAND DESCRIBED IN DEED RECORDED AUGUST 10, 1995, FEE NO. 95055808, DEED RECORDS OF WASHINGTON COUNTY, OREGON, AND THE "POINT OF BEGINNING"; THENCE ALONG THE EAST LINE OF THE TRACT DESCRIBED AS PARCELS II AND III IN SAID DEED RECORDED AS FEE NO. 95001169 SOUTH 2°03'00" WEST, A DISTANCE OF 110.23 FEET TO THE NORTH LINE OF THE TRACT DESCRIBED AS PARCEL I IN SAID DEED; THENCE ALONG SAID NORTH LINE SOUTH 89°03'05" EAST, A DISTANCE OF 287.47 FEET TO THE WEST LINE OF SOUTHWEST HALL BOULEVARD (COUNTY ROAD NO. 947); THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 0°56'55" WEST, A DISTANCE OF 32.07 FEET TO THE SOUTH LINE OF SAID PARCEL I; THENCE ALONG SAID SOUTH LINE NORTH 89°51'54"WEST, A DISTANCE OF 338.23 FEET; THENCE ON A LINE THAT IS PARALLEL WITH AND 50.00 FEET DISTANT TO THE EAST LINE OF SAID PARCELS II AND III NORTH 2°03'00" EAST, A DISTANCE OF 148.07 FEET TO THE SOUTH LINE OF SAID TRACT DESCRIBED IN DEED RECORDED AS FEE NO. 95055808; THENCE ALONG SAID SOUTH LINE SOUTH 89°57'01" EAST, A DISTANCE OF 50.00 FEET TO THE "POINT OF BEGINNING". CONTAINING 17,180 FEET MORE OR LESS. EXHIBIT A DECLARATION OF EASEMENT I Page 1 of 1 Pages "EXHIBIT B" TO DECLARATION OF EASEMENT Brahmapremananda Ashrama, Grantor; Michael J. Nedelisky, Grantee; [Description of Grantee's Premises] A TRACT COMPRISED OF LAND DESCRIBED IN DEEDS RECORDED AUGUST 10,1995 AS FEE NO'S 95055810 AND 95055812 AND PART OF THE LAND DESCRIBED IN DEED RECORDED AS FEE NO. 95055808, RECORDS OF WASHINGTON COUNTY, OREGON, SITUATED IN THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 1 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, IN THE CITY OF TIGARD, WASHINGTON COUNTY IN THE STATE OF OREGON BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE THOMAS A. STOTT DONATION LAND CLAIM NO. 53; THENCE NORTH 2°03'00" EAST, A DISTANCE OF 780.39 FEET TO THE SOUTHEAST CORNER OF SAID TRACT DESCRIBED IN DEED RECORDED AS FEE NO. 95055808 AND THE "POINT OF BEGINNING"; THENCE ALONG THE SOUTH LINE OF SAID TRACT NORTH 87°57'01" WEST, A DISTANCE OF 50.00 FEET; THENCE LEAVING SAID SOUTH LINE NORTH 2°03'00" EAST, A DISTANCE OF 37.38 FEET; THENCE NORTH 49°06'23"WEST, A DISTANCE OF 91.68 FEET TO THE NORTH LINE OF SAID TRACT DESCRIBED IN DEED RECORDED AS FEE NO. 95055808; THENCE ALONG SAID NORTH LINE NORTH 87°58'19" WEST, A DISTANCE OF 107.57 FEET TO THE NORTHWEST CORNER OF SAID TRACT; THENCE ALONG THE WEST LINE OF SAID TRACTS RECORDED AS FEE NO. 95055810 AND 95055812 NORTH 02°57'13" EAST, A DISTANCE OF 283.41 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY NO. 217;THENCE ALONG SAID RIGHT-OF- WAY LINE ON A 11,319.16 FOOT RADIUS NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST (CHORD BEARS SOUTH 49°34'48" EAST, -420.66 FEET)A DISTANCE OF 420.69 FEET TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF SAID TRACT DESCRIBED IN DEED RECORDED AS FEE NO.95055812 SAID LINE ALSO BEING THE SOUTH LINE OF LOT 19, BLOCK O . "METZGER ACRE TRACTS", THENCE ALONG SAID SOUTH LINE NORTH 89°03'05" WEST, A DISTANCE OF 105.32 FEET TO THE EAST LINE OF SAID TRACT DESCRIBED IN DEED RECORDED AS FEE NO. 95055810; THENCE ALONG SAID EAST LINE AND THE EAST LINE OF SAID TRACT DESCRIBED IN DEED RECORDED AS FEE NO. 95055808 SOUTH 2°03'00"WEST,A DISTANCE OF 115.07 FEET TO THE"POINT OF BEGINNING". CONTAINING 56,133 SQUARE FEET, MORE OR LESS. EXHIBIT B DECLARATION OF EASEMENT /0 Page 1 of 1 Pages BAUGH CONS I r(UCTION OREGON, INC. Estimate Type: Preliminary Budget Architect: Waddle Design Project:Hall Park Office Center Estimator: SD Location: Tigard, Oregon Gross S.F.: 32,735 Attention: Jim Waddle October 23, 1997 Description Cost Cost/SF Sitework $169,061 $5.16 Foundations $49,457 $1.51 Substructure $55,117 $1.68 Superstructure $298,563 $9.12 Exterior Closure $204,866 $6.26 Roofing $71,950 $2.20 Interior Construction $219,717 $6.71 Conveying Systems $33,500 $1.02 Mechanical $291,343 $8.90 Electrical $186,447 $5.70 Subtotal $1,580,021 $48.27 General Conditions, Fee and Insurance $210,280 $6.42 Total-Building Shell and Sitework I $1,790,301 $54.69 Clarifications & Assumptions: 1. Estimate Update Based Upon New Conceptual Plans Prepared by Waddle Design Consisting of Site Plan, First Floor Plan and Second Floor Plan All Dated 10/13/97. Due to the Preliminary Nature of the Information Available This Budget is Subject to Revision as Final Design and Scope is Developed. 2. It Is Assumed the Onsite Existing Soils Are Suitable For This Project Using Standard Earthwork Equipment and Processes. Removal and Replacement of Unsuitable Materials is Excluded. It Is Assumed the Project Will Occur During Favorable Weather. 3. The Budget Includes Work Up To The Limits of Work As Outlined on the Site Plan. 4. Interior Work Is Limited To The Core Improvements Including Lobby, Corridors, Restrooms, Stairwells and Conference Room. Tenant Area Ceiling Grid is Installed, Tiles Are Stocked To Floors. Standard Flourescent Tenant Light Fixtures Are Stocked To Floors. Contractors Standard Exclusions: 1. Cost of Bond 8. Architect & Engineer Fees 2. Building Permit & Plan Check Fees 9. Owner's Legal & Financing Costs 3. Systems Development & LID Costs 10. Soils Report 4. Utility Connection Fees 11. Environmental Assessment Survey 5. Power Company Charges 12. Hazardous &Toxic Waste Removal 6. Testing & Inspection Costs 13. Removal of Soil Contaminated by 7. Builder's Risk Insurance Hazardous or Toxic Wastes File Name: HallStOffice Page 1 of 4 Date: 10/23/97 2:50 PM ... ..... Lat[o ;4:: ..:;?ire g esti ati sp. Description Quantity Unit Unit Cost Cost SITEWORK (On-site to Limit of Work) Site Survey & Staking 1 Is $12,500.00 $12,500 Site Excavation and Utilities 56,604 sf $1.50 $84,906 AC Paving at Car Parking - 2.5" ACP & 8" Base 2,410 sy $10.00 $24,100 Concrete main entry, scored concrete 669 sf $3.50 $2,342 Sidewalks, on site only 1,458 sf $2.50 $3,645 Extruded Curbs 960 If $2.25 $2,160 Cast-in-place Curbs 352 If $8.50 $2,992 Site Retaining Walls (none indicated) 0 sf $0.00 $0 Landscaping & Irrigation 15,661 sf $2.00 $31,322 Pavement Markings 61 ea $4.00 $244 Handicap Parking Signs & Stencils 5 ea $150.00 $750 Trash Enclosure 1 ea $3,500.00 $3,500 Site Fencing (none indicated) 0 If $0.00 $0 Bike Racks 1 ea $600.00 $600 subtotal -Gross Site SF 56,604 gsf $2.99 $169,061 FOUNDATIONS Structural Excavation & Backfill 32,735 sf • $0.35 $11,457 Footings (.004 cy/sf) 131 cy $250.00 $32,750 Foundation Drains 525 If $10.00 $5,250 subtotal $49,457 SUBSTRUCTURE Gravel Blanket, 8" thick 403 cy $22.00 $8,866 Slab-On-Grade 16,295 sf $2.50 $40,738 Elevator Pits 1 ea $3,500.00 $3,500 Rigid Foundation Insulation 1,050 sf $1.25 $1,313 Waterproof Elevator Pit Walls 140 sf $5.00 $700 subtotal $55,117 SUPERSTRUCTURE Purchase Tube Steel Columns & Misc Iron 32,735 sf $0.65 $21,278 Second floor structure w/ Concrete Fill 16,440 sf $10.00 $164,400 Metal pan stairs and concrete fill 3 sets $6,000.00 $18,000 Roof Structure Metal Deck/Joists System 16,440 sf $5.00 $82,200 Perimeter Ledgers &Top Plates 537 If $5.00 $2,685 HVAC Unit pads and curbs 2 ea $5,000.00 $10,000 subtotal $298,563 EXTERIOR CLOSURE Tilt-Up Wall Panels 12,178 sf $7.00 $85,246 Caulk Tilt-Up Panel Joints 1,254 If $2.75 $3,449 File Name: HallStOffice Page 2 of 4 Date: 10/23/97 2:50 PM ^ • . . OREGON, w�° ~ �� . � `..: : ��_ 4�^� �� i °, ^,.'�*]��;; Description Quantity Unit Unit Cost Cost Aluminum Storefront Glass 373 sf $20.00 $7,460.' Strip Windows Allowance 4,342 sf Aluminum Entry Doors 3 ea Curtainwall Above Building Entry 210 sf Enhanced Entry Features Allowance 1 ea Hollow Metal Man Doors at Exterior none ea Gypboard Soffits at Entrances 150 sf Furr and Insulate Exterior Perimeter Walls inLi's sf $2.00 future Paint Tilt-Up WaIls 12,178 sf subtotal $204,866 ROOFING ----1-- ---- ' - ' . Bui|�UpRoo�OQand mgidRoof |neu|oUoO ~• 16.440 sf Parapet Cap Flashing & Nailers, 24 ga 537 ' If General F|aohingm & 8haetmeta( 16.440 sf Scuppers/Downspouts 4 ea Skylights and Curbs (none indicated) 0 ea $350.00 $0 . Roof Equipments Screens (none indicated) 0 sf Roof Hatch & Access Ladder 1 ea subtotal $71 INTERIOR CONSTRUCTION (MAIN LOBBY/CORE) Entry Vestibule Glass Doors 1 pair Entry Walk Off Mat 150 sf Bathroom Vanity Counters P. Laminate 4 ea Stair/Toilet/Elect/Jan/Mach Room Doors 14 ea $850.00 $11,900 Double Doors at Building Conference Room 1 ea Elevator& Mechanical Shafts 924 sf ,Stair Shafts 2,372 sf Plumbing Chase 520 sf $5.50 $2.800 Bathroom/E|ec Rm/Janitor Walls 2,847 sf $4.00 $11.388 1 Hr Corridor Walls at First & Second Levels 7.280 sf $4.25 $30.940 . Gypbd. Ceilings at Vestibule & 1st Lobby 813 sf $8.00 $4,878 Gypbd. Ceilings at R.Rooms & Corridors 2.867 sf $5.00 $14,335 Gypbd. Ceilings at Top of Stairs 016 sf $5.00 $3.080 Gypbd. Ceilings Conf. Room 454 sf $6.00 $2,724 Coves at Bathrooms 50 If $20.00 $1.000 A. Ceiling Grid In w/ Tile Stocked (T.I. space) 27,322 sf $1.20 $32.786 Carpet at Main Lobbies 58 sy $35.00 $2.022 Carpet at Corridors 456 sy $25.00 $11,389 Rubber Base 707 If $1.25 $884 Ceramic Tile Bathroom 736 sf $8.00 $5,888 Ceramic Tile Wainscots at Wet WaIls 390 sf $8.00 , Ceramic Tile Base 272 If $2.00 ' $544 File Name: HallStOffice Page 3 of 4 Date: 10/23/97 2:50 PM B. .GH CONSTRUCTION OREGO. INC. Project: Hall Park Office Center Location: Tigard, Oregon Estimator: SD Description Quantity Unit Unit Cost Cost Paint Core Rms, Stairwells & Ceilings 17,198 sf $0.40 $6,879 Paint/Finish Doors & Frames 16 ea $40.00 $640 Paint Steel Stairs 6 flights $300.00 $1,800 Main Lobby Finish Upgrades Allowances 1 Is $15,000.00 $15,000 First Floor Corridor Upgrades Allowance 1 Is $10,000.00 $10,000 Toilet Partitions & Accessories 12 ea $1,000.00 $12,000 Fire Extinguishers 2 ea $250.00 $500 Window Treatments in t.i.'s $0.00 future Interior Signage, Reception Counter, etc. in t.i.'s Is $0.00 future subtotal $219,717 CONVEYING SYSTEMS Bore hole for hydraulic elevator 1 ea $3,500.00 $3,500 Hydraulic passenger elevators, standard interiors 1 ea $30,000.00 $30,000 subtotal $33,500 MECHANICAL Fire Protection 32,735 sf $0.90 $29,462 Plumbing 32,735 sf $1.50 $49,103 HVAC, Roof Top VAV System 32,735 sf $6.50 $212,778 subtotal $291,343 ELECTRICAL Building Service, Site Lighting, Core/Shell Power 32,735 sf $5.00 $163,675 Stock 2' x 4' T.I. Light Fixtures (1/115 sf) 285 ea $80.00 $22,772 subtotal $186,447 File Name: HallStOffice Page 4 of 4 Date: 10/23/97 2:50 PM HALSTEAD'S ARBORICULTURE "Specialists in the care and CONSULTANTSpreservation of trees" Dav,d Halstead. Consultant B S • P O Box 1182.Tualatin,OR 97062 Phone (503) 245-1383 October 29 , 1997 n' ;. • , • ATTN. : Mr . Mike Nedelisky Majestic Homes 25 82nd Drive Suite 102 •• Gladstone , OR 97027 Reference : Tree Care and Preservation Report ' " Location : Hall Blvd . & Hwy I-217 . Subject : Existing Trees • • $' +I have inspected the Hall Blvd . and Highway I-217 project , the _' trees on the site , the Topographic Plan which shows the grading , and the Tree location Plan which shows the buildings , parking Mand utilities that are existing and/or will be built , including driveways improvement . {•I ' On this project any individual tree which is within 15 feet w ,, 4. of any construction will not survive . The trees are mostly native Douglas-fir trees with very shallow root systems , are weak because they have grown within the protection of the existing grove and by themselves have poor trunk, limb and roots systems . Further , we have observed the Douglas-fir trees since 1995 and have seen several of the trees blow over because of shallow Ai root systems . Several of these blow downs are still on the ground , their stumps and root systems exposed and/or are up Irooted . • • AI We have made several soil probes around the trees located on "ie' the site plan and found the roots to be very small , shallow and inadequate to support their size. The slightest amount of X11 construction trauma will only aggravate the the tree ' s hazardous 1 situation . The following are my recommendations for the removal of trees unsuited for this project and the care and preservation of those remaining trees . fI� Page 2 October 29, 1997 Reference : Tree Care and Preservation Report Location : Hall Blvd . & Hwy I-217 Subject : Existing Trees 1 . REMOVALS : A . The five Douglas-fir trees located on the north west corner of the proposed parking lot are in very poor structural condition. With the addition of the parking lot on their east side and the Bio-filter which will be placed on the west side the tree are sure to fail . B. There are three additional Douglas-fir trees on the south side of the parking lot that are dead and/or are root damaged that need to be removed . C. There are two Douglas-fir on the south side of the property near the trash collection area that have been severely root damaged by past storms and are up-rooting and needs to be removed . 2 . PRESERVATION : There are six Douglas-fir trees along the west and/or north side of the property , one Douglas-fir on the north side of the building and an Oregon White-oak tree that will be preserved . The trees will need therapeutic treatment as outlined in this report . Before the site clearing and construction begins a pre-construction tree preservation conference will be held on site between the general contractor , contractor in charge of tree removal , and/or in charge of heavy equipment and the resident certified arboriculturist. The purpose of this on site meeting will be to introduce all parties to the specifications and sensitivity needed in the protection and preservation of the trees their root zone and environment . Page 3 October 29, 1997 Reference : Tree Care and Preservation Location : Hall Blvd . & Hwy I-217 Subject : Existing Trees Before any site clearing takes place , tree fencing needs to be erected around those trees and/or the tree areas that will be preserved . Tree fencing can be as simple as 6 foot tall steel fence stakes driven into the ground approximately 2 feet , and placed 6 foot apart , and then attaching orange barrier fencing to the steel fence stakes . The trees to be preserved will be fenced to no less than 15 feet from the outside diameter of the trunk at ground level (DGL) . Further , it is important to maintain the the fencing during the entire project. The areas that are fenced off will become the protected areas and the placing of building materials and the use of heavy equipment will be prohibited within these fenced areas . No personnel will be allowed into these protected areas without being under the direction of the resident certified arborist . The fencing will , in several areas , have to be adjusted from 15 feet to a smaller area in order to accommodate the buildings and parking areas . This adjustment of the fencing and any excavation or removal of brush within the protected areas will be done under the supervision of the resident certified arborist . All trees within the protected areas where the fencing will be adjusted will need therapeutic care depending on the severity of disturbance to the root zone . The trees have been growing in an undisturbed area, and have been exposed to previous storms and lack any formal care . Therefore , as the trees are identified and fenced , a through examination will be given to each tree to determine it ' s structural stability and health both above and below ground , in order to determine what will be needed for the trees survival during and after the proposed construction. Page 4 October 29 , 1997 Reference : Tree Care and Preservation Location : Hall Blvd . & Hwy I-217 Subject : Existing Trees If there are any trees within the protected areas that need to be removed because they are dangerous and/or will become dangerous due to the construction and everyone agrees on the tree/s removal , it will be removed so as not to damage other trees and/or root areas within the protected area . Removal may require climbing the tree and taking it down in small pieces . If it is necessary to remove the stump it will be ground out by using a stump grinder . THERAPEUTIC CARE: Therapeutic care is described as that treatment which will be needed to insure the trees within the protected areas receive the best chance for survival . In order to accomplish this feat the trees will have to be inspected regularly during the construction process and periodically for at least one and one half years after construction is completed. Treatment is based on the individual tree 's needs , its root zone , structural condition and health. Factors will be taken in to consideration, such as the species , soil compaction, season in which construction is done , how much root zone will be affected by excavation and the loss of native environment . Trees within the protected area , though not subjected to severe construction trauma will still need therapeutically care . Organic fertilizing may be needed if the trees show signs of stress during the construction period . Treatment also consists of root pruning of roots that will be damaged during excavation. Root pruning will be done by an arborist working directly with the equipment operator who is doing the digging . Roots over 2 inches in diameter will be cut clean using a saw or other sharp tools . Page 5 October 29, 1997 Reference : Tree Care and Preservation Location : Hall Blvd. & Hwy I-217 Subject : Existing Trees Once excavation has been completed and before backfilling, all tree root area will be fertilized. The fertilizing method and amounts will be determined according to the amount of root damage that has occurred . Treatment may also include pruning and cabling of the upper parts of the tree in order to insure it 's stability especially those trees on the wind ward side . A watering program may be needed during and after construction . The trees , their root systems and the environment in which they live is very fragile and sensitive to construction and will depend on complete communication and full cooperation of all contractors with the resident certified arborist. If I can be of further assistance please call. Scerel in , fi-4LAiibld David alstead B.S. C.A. I�.�' ,�,~. IMWP.M+ III •..�.P.[..I. 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COUN-' -el, •.t, -. e 0 0 00©00 0 000000; � i�ieli¢ q. iq 1iiii ' -' iii i ;iii 1111 qq � � _ iidi ' iii o 11 i dl FYI !� ; o C 11 8l R' RR1R t t RR t t YY E 1 f i ai i S zt t D - � ' '� — PALL PARK OFFICE CENTER i°,� e e„ :..► a.l a e�mu TIGARD, OREGON DESIGN PUNNING J O+ITEC11RE o.s SITE PLAN '''''t1,4".112-'•�slasI�Ml ama •w7 rw orr.IY..Iy-rd..e�a N. mu(Ylf m-IA r' November 14, 1997 Av. Mr. Mike Nedelisky CITY OF TIGARD 25 82nd Drive OREGON Gladstone, OR 97027 Re: Shared Parking Agreements Dear Mike: You had asked me to discuss the use of shared parking agreements through the development review process. In particular you have proposed the use of shared parking agreement as a key element of the Hall Park Office development. A portion of the required parking for the Hall Park Office development is proposed to be developed on the church's property. In return for being allowed to use a portion of the church's property for this purpose, the church would be entitled to use parking spaces on your property during religious services. The City's Development Code allows shared parking agreements in order to minimize the need for the construction of costly parking lots which may be under utilized to serve the proposed land use. Studies have shown that regional efforts to reduce the amount of paved surfaces through the development review process can have beneficial environmental impacts. Reductions in site paving can reduce summer time temperatures, limit water quality impacts, limit the need for water quality treatment facilities and avoid impacts to the groundwater supply by allowing more natural ground water recharging to continue. Section 18.106.020.F of the City's Community Development Code permits shared parking agreements in situations where required parking is not accommodated entirely within the property limits of a site proposed for development. Shared parking is restricted, in some cases, in terms of distance from the proposed use. A shared off-site parking space can be no farther than 300 feet from the commercial use it would serve. Because the church is not a commercial use, it does not appear that this restriction would apply to the number of parking spaces the church could use on your property. These types of agreements can be used where the peak parking demand of the two proposed uses does not overlap. This agreement does place a restriction on use of these properties. This would likely mean that if the church wished to hold services during weekdays, sufficient off-street parking may not be available. Similarly if future users of the proposed offices all decided to work Wednesday through Sunday, sufficient off-street parking may not be available. 13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD (503)684-2772 -_ . _ For this reason, to approve a shared parking arrangement, the City will require a deed restriction that would limit the use of the proposed office development. No more building square footage could be used during off peak hours than that which remains after deducting the total number of parking spaces that would be used by the church during the largest religious assembly. Please feel free to contact me concerning this information if you have any questions at (503) 639-4171. Sincerely, Mark Roberts Associate Planner, AICP i:\curpin\markr\ned.doc Attachment (2 pgs.) c: SDR 97-0014 land use file 11/14/97 Mike Nedelisky Letter Page 2 of 2 Re: Shared Parking Agreements — E. Change in Use 1. When an existing structure is changed in use from one use to another use as listed in Section 18.106.030, and the parking requirements for each use are the same, no additional parking shall be required; and 2. Where a change in use results in an intensification of use in terms of the number of parking spaces required, additional parking spaces shall be provided in an amount equal to the difference between the number of spaces required for the existing use and the number of spaces required for the more intensive use. F. Shared Parking in Commercial Districts 1. 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 overlap; 2 . Satisfactory legal evidence shall be presented to the Director in the form of deeds, leases, or contracts to establish the joint use; and 3 . If a joint use arrangement is subsequently terminated, or if the uses change, the requirements of this title thereafter apply to each separately. G. Visitor Parking in Multiple-Family Residential Districts 1. Multi-dwelling units with more than 10 required parking spaces shall provide parking for the use of guests of residents of the complex; and 2 . Visitor parking shall consist of 15 percent of the total required parking spaces and shall be centrally located within or evenly distributed throughout the development. Required bicycle parking facilities shall also be centrally located within or evenly distributed throughout the development. H. Location of Required Parking 1. Off-street parking spaces for single-family and duplex dwellings and single-family attached dwellings shall be located on the same lot with the dwelling; and 2 . Off-street parking lots for uses not listed above shall be located not further than 200 feet from the building or use they are required to serve, measured in a straight line from the building with the following exceptions: a. Shared parking areas, as provided by Subsection 18.106.020 .= for commercial uses which require more than 40 parking spaces may provide for the spaces in excess of the required 40 spaces up to a distance of 300 feet from the commercial building or use; and Revised 04/26/94 Page 232 b. Industrial and manufacturing uses which require in excess of 40 spaces may locate the required spaces in excess of the 40 spaces up to a distance of 300 feet from the building. I. Mixed Uses 1. Where several uses occupy a single structure or parcel of land or a combination of uses are included in one business, the total off-street parking spaces and loading area is the sum of the requirements of the several uses, computed separately unless the peak hours of use do not overlap. J. Choice of Parking Requirements 1. When a building or use is planned or constructed in such a manner that a choice of parking requirements could be made, the use which requires the greater number of parking spaces shall govern. K. Availability of Parking Spaces 1. Required parking spaces shall: a. Be available for the parking of operable passenger automobiles of residents, customers, patrons, and employees only; b. Not be used for storage of vehicles or materials or for the parking of trucks used in conducting the business or use; and c. Not be rented, leased, or assigned to any other person or organization. L. Parking Lot Landscaping 1. Parking lots shall be landscaped in accordance with the requirements in Chapter 18.100. Revised 04/26/94 Page 233 1T OF OREGON SS a O County of Washington J After Recording Return To: 0 I, Jerry R.4itntre I ctor of Assess- ment and .TakatiOn and" rOfficio County a 4g T.A.Sherwood.Esq. Clerk for sald�COU�ty do_ e�eby' ertify that Suite 203 the withi' n4-tru[ 'bc r g eceived �) 16325 SW Boons Ferry Rd. and re rdedy D b ,`'� a coed of said Lake Oswego,OR 97035 county. * ,, ec� a:.. , ,1 t .* 7 ii 1Fji' R H�nnss ri •irector of s`Sesgtfidn ancL axation, Ex- bfficioYCounty Clerk Doc : 97085693 Rect: 194148 53 . 00 09/15/1997 03 : 15: 51pm RECIPROCAL LICENSE FOR PARKING EFFECTED BY AND BETWEEN Brahmapremananda Ashrama, which took title as Brahma Premananda Ashram, an Oregon non-profit corporation, herein called "First Party"and Michael J.Nedelisky, herein called "Second Party". RECITALS: A. First Party is the owner of the land situated in Section 35, Township 1 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, more particularly described at Exhibit A annexed hereto and by this reference incorporated herein as if fully set forth,herein called the"Temple Property",and B. Second Party is the owner the land situated in Section 35,Township 1 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, more particularly described at Exhibit B annexed hereto and by this reference incorporated herein as if fully set forth,herein called the"Office Property",and C. The Temple Property and the Office Property are situated contiguous with each other and share a common means of vehicular and pedestrian access and egress to and from the public roadway known as S.W.Hall Boulevard(County Road No.947),and D. The Temple Property is committed to use by the First Party as the site and location of buildings and related improvements, including spaces and facilities for parking of passenger motor vehicles, designed and intended to provide a gathering place and residence for persons engaged in the teaching,observance and practice of certain religious,ethical and philosophical principals shared by andlor of interest to those persons. E. The Office Property is committed to use by Second Party as the site and location of buildings and related improvements, including spaces and facilities for parking of passenger motor vehicles,suitable for use as office facilities,space and accommodations employed for the conduct of business and commercial activities of one or more parties in ownership or tenancy of the Office Property, their employees,customers,patrons,clients,suppliers,service providers and business invitees,and F. The uses to which the Temple Property and the Office Property are committed by the respective parties, each require that persons having reason to be present on said properties will have space in which to park and leave motor vehicles unattended while such persons are engaged in residence or otherwise present on such properties in connection with the uses to which they are committed by the parties as aforesaid, and G. The parties acknowledge that the spaces and facilities provided for parking of motor vehicles on their respective properties may, from time-to-time, but at different times, prove to be inadequate to accommodate the number of vehicles which require space for parking in connection with uses of the buildings and improvements located thereon,and H. The parties desire and intend to pool or share their available parking spaces and facilities to the end that adequate parking will be available for all persons who may now or hereafter have reasonable cause or need to park motor vehicles in or upon the Temple Property or the Office Property, THEREFORE, in consideration of the foregoing recitals and the rights and responsibilities of the parties established hereunder, it is hereby, acknowledged, confirmed and agreed as follows: RECIPROCAL LICENSE J '... 5 PAGE 1 of 3 1. License Granted First Party. Second Party does hereby and irrevocably give, grant and convey to First Party, its successors in interest and assigns, license to permit parking of lawfully licensed and operational motor vehicles designed and actually used for the purpose of transporting passengers to and from any buildings or other improvements now or hereafter erected on the Temple Property. The license afforded under this paragraph extends to all and any unoccupied exterior spaces or areas situated on the Office Property which are regularly designated and used or available for parking of motor vehicles of the kind mentioned above between the hours of 6:00 o'clock P.M.and 6:00 o'clock A.M.on weekdays Monday through Thursday and between the hour of 6:00 o'clock P.M. each Friday through the hour of 6:00 o'clock A.M. the next following Monday morning. The license afforded hereunder shall not supersede restrictions on parking imposed by public authorities, or which may be otherwise established or required by Second Party for purposes of facilitating,affording or reserving space for parking,use, access,egress or maneuvering of delivery,waste removal or emergency vehicles. 2. License Granted Second Party. First Party does hereby and irrevocably give, grant and convey to Second Party, his successors in interest and assigns,license to permit parking of lawfully licensed and operational motor vehicles designed and actually used for the purpose of transporting passengers to and from any buildings or other improvements now or hereafter erected on the Office Property. The license afforded under this paragraph extends to all and any unoccupied exterior spaces or areas situated on the Temple Property which are regularly designated and used or available for parking of motor vehicles of the kind mentioned above between the hours of 6:00 A.M.and 6:00 P.M.each weekday, Monday through Friday,inclusive.The license afforded hereunder shall not supersede any restrictions on parking imposed by public authorities, or which may be otherwise established or required by First Party for purposes of facilitating, affording or reserving space for parking of delivery or emergency vehicles. 3. Additional Licenses Permitted; Limitation. Nothing contained in this instrument shall be deem or construed to limit or impair the right or prerogative of either First Party or Second Party to, from time-to-time, grant or afford to the other party, or to the other party's permittees,written license or permission to use some portion or all of such party's parking facilities or spaces at times, or for purposes,different from or in addition to those times and purposes expressly licensed hereunder on such terms and conditions as such party may, in the exercise of its sole discretion, determine (herein called "Temporary License"). Provided, however, that any Temporary License may be revoked or modified in any respect or particular in the sole and unfettered discretion of the party affording the same at any time upon delivery or posting of written notice to the other party or to any third party or parties to whom such Temporary License or permission may have been afforded. All persons or entities who shall avail themselves of any rights or prerogatives afforded under any Temporary License shall be conclusively deemed to have exercised any rights or prerogatives exercised by such persons or entities under color of such Temporary License and shall not,by reason of such exercise, have,claim or be deemed to have acquired, any rights, or title or interest in the premises affected by such exercise, by prescription, adverse possession or under any other principle or rule whatsoever whether cognizable at law or in equity. 4. Notice of Licenses. The licenses afforded hereunder may be exercised only by persons to whom permission is granted by the respective licensees. First Party and Second Party will therefore, each and respectively, provide, or cause to be furnished,to all and any persons to whom such permission is granted,written evidence of such permission in a form which such persons may display upon or within their vehicle(s) in such a manner as to be readily visible from the exterior thereof. Each party hereby acknowledges and agrees that the other party, or its tenants or others lawfully entitled to occupy such party's property or any portion(s) thereof, shall have the unqualified right and prerogative to remove any vehicle parked on such party's property which does not display evidence it is parked with permission in accordance with the foregoing provisions of this paragraph. 5. Disclaimer of Liability. Neither First Party nor Second Party shall be liable to the other or to any third party or parties whomsoever,for any loss,damage or injury of any kind or nature whatsoever incurred or suffered by any person, personal property or any vehicle while present on such party's property by reason of the licenses granted hereunder,regardless of the cause of such loss, damage or injury. Each party hereby covenants and agrees with the other that it will post notice and otherwise inform all persons who may now or at any time hereafter avail themselves of any right or license provided hereby, that by entering on such party's property for any purpose, such persons assume all risk of loss, damage and injury to themselves, any vehicle owned, operated or parked by or for the benefit of such person,and any other personal property brought upon or left of such party's property by or for the benefit of such person. 6. Duration;Parties Bound and Benefited. The license granted to First Party hereunder shall remain in effect for so long as the Temple Property shall be and remain committed to the uses set forth in Recital D of this instrument. The license granted to Second RECIPROCAL LICENSE r PAGE 2 of 3 •J - • Party hereunder shall remain in effect for so long as the Office Property shall be and remain committed to the uses set forth in Recital ' E of this instrument. Should either license afforded hereunder expire by reason of the foregoing provisions of this paragraph, such expiration shall not in any way affect, diminish or impair the rights afforded under the other license afforded hereunder. The licenses rt afforded hereunder and the terms and conditions herein contained shall run with the lands affected thereby and shall bind and inure to the benefit of the First Party and the Second Party,their respective heirs,successors in interest,assigns and all other persons now or at any time hereafter having or claiming any right,title or interest in their respective properf•s by reason of any tenancy arrangement, lien or other encumbrance whatsoever. IN WITNESS WHEREOF, the parties have each caused t • y• : • 1•: • •d and acknowledged effective on the latest date set forth below. PA BRAHMAPREMANANDA ASHRAMA, an Oregon .4 l� __ `1, non-profit corporation, First arty ' L J.N"mr LISKY, :cond Party BY Swami Viswa Premananda, President By i,./ -4, 0.1--- ,./ > . Bharat Naik,Secretary State of Oregon, County of C l ak, VA, } s.s. This instrument was acknowledged before me on AUA. 2-i ' , 1997, by SWAMI VISWA PREMANANDA as President of Brahmapre 1 '.nda Ashrama,a res on non-pit corporation. V ,116\1-4 f,.�.y�;?. OFFICIAL SEAL � . t',� BROOKE LAHMAN Notary Public for Oregon NI, NOTARY PUBLIC-OREGON My Commission Expires ((//�� '�� ■ .,>F COMMISSION NO.054635 y p Y'�'��"'— MY COMMISSION EXPIRES JUNE 03,2000 State of Oregon,County of I 1.. .. A • } s.s. This instrument was acknowledged before me on kUEj Zlo , 1997, by Bharat Naik as Secretary of Brahmapremananda Ashram. an Oregon non-prop corporation. e ti'• OFFICIAL SEAL ' til i NiI• J, =` ,,77J�'• B OOKE LAHMAN 's tary Public for Oregon ,mil �<i, NOTARY PUBLIC-OREGON My Commission Expires (Q �j C' /CJ COMMISSION NO.054635 i MY COMMISSION EXPIRES JUNE 03,2000 State of Oregon, County of . t31-(\ } s.s. This instrument w. .cknowledge efore me on g a9 , 1997, by Michael J. Nedelisky. Op. c \ C.__;-_\„..,A ;... OFFICIAL SEAL Notary Public for Oregon = ►iv. ROBIN L.COCHEU My Commission Expires q-K�- QQ ` NOTARY PUBLIC-OREGON ■ri,o COMMISSION NO.047466 MY COMMISSION EXPIRES SEPT. 27, 1999 RECIPROCAL LICENSE 3 PAGE 3 of 3 5EN-1 -1'Jy( 1 = 14 Transnation litle ins. Lo 50j b84 S4(0 F'.dC? "EXHIBIT A" to RECIPROCAL LICENSE FOR PARKING 1-Temple Property") A TRACT COMPRISED OF LAND DESCRIBED AS PARCELS I, II AND III IN DEED RECORDED JANUARY 5, 1995, AS FEE NO. 95001169, RECORDS OF WASHINGTON COUNTY, OREGON, SITUATED IN THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 1 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON, TOGETHER WITH THAT PORTION OF THE LAND DESCRIBED IN DEED RECORDED AUGUST 10, 1995, AS FEE NO.95055808,RECORDS OF WASHINGTON COUNTY,OREGON,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE THOMAS A. STOTT DONATION LAND CLAIM NO. 53; THENCE NORTH 2°03'00"EAST,A DISTANCE OF 780.39 FEET TO THE SOUTHEAST CORNER OF SAID TRACT DESCRIBED IN DEED RECORDED AS FEE NO. 95055808; THENCE ALONG THE SOUTH LINE OF SAID TRACT NORTH 87°57'01" WEST, A DISTANCE OF 50.00 FEET TO THE"POINT OF BEGINNING";THENCE LEAVING SAID SOUTH LINE NORTH 2°03'00" EAST, A DISTANCE OF 37.38 FEET; THENCE NORTH 49°06'23" WEST, A DISTANCE OF 91.68 FEET TO THE NORTH LINE OF SAID TRACT DESCRIBED IN DEED RECORDED AS FEE NO. 95055808; THENCE ALONG SAID NORTH LINE NORTH 87°58'19" WEST, A DISTANCE OF 107.57 FEET TO THE NORTHWEST CORNER OF SAID TRACT;THENCE ALONG THE WEST LINE OF SAID TRACT SOUTH 2°57'13" WEST, A DISTANCE OF 94.86 FEET TO THE SOUTHWEST CORNER OF SAID TRACT; THENCE ALONG THE SOUTH LINE OF SAID TRACT SOUTH 87°57'01" EAST,A DISTANCE OF 180.47 FEET TO THE "POINT OF BEGINNING". [Contains 90,067 square feet,more or Tess) 14 tr-17-177( 15: 14 Transnation title Ins. Lo 503 bti4 34(b • • "EXHIBIT B" to RECIPROCAL LICENSE fOR PARKING ("Office Property'] A TRACT COMPRISED OF LAND DESCRIBED IN DEEDS RECORDED AUGUST 10,1995 AS FEE NO'S 95055810 AND 95055812 AND PART OF THE LAND DESCRIBED IN DEED RECORDED AS FEE NO. 95055808, RECORDS OF WASHINGTON COUNTY, OREGON, SITUATED IN THE SOUTHEAST QUARTER OF SECTION 35,TOWNSHIP 1 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN,IN THE CITY OF TIGARD,WASHINGTON COUNTY IN THE STATE OF OREGON BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE THOMAS A. STOTT DONATION LAND CLAIM NO. 53; THENCE NORTH 2°03'00` EAST, A DISTANCE OF 780.39 FEET TO THE SOUTHEAST CORNER OF SAID TRACT DESCRIBED IN DEED RECORDED AS FEE NO.95055808 AND THE'POINT OF BEGINNING";THENCE ALONG THE SOUTH LINE OF SAID TRACT NORTH 87°57'01"WEST, A DISTANCE OF 50.00 FEET;THENCE LEAVING SAID SOUTH LINE NORTH 2°03'00"EAST, A DISTANCE OF 37.38 FEET;THENCE NORTH 49°06'23"WEST, A DISTANCE OF 91.68 FEET TO THE NORTH LINE OF SAID TRACT DESCRIBED IN DEED RECORDED AS FEE NO. 95055808; THENCE ALONG SAID NORTH LINE NORTH 87°58'19' WEST, A DISTANCE OF 107.57 FEET TO THE NORTHWEST CORNER OF SAID TRACT;THENCE ALONG THE WEST LINE OF SAID TRACTS RECORDED AS FEE NO.95055810 AND 95055812 NORTH 02°57'13" EAST,A DISTANCE OF 283.41 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY NO. 217; THENCE ALONG SAID RIGHT-OF-WAY LINE ON A 11,319.16 FOOT RADIUS NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST (CHORD BEARS SOUTH 49°34'48' EAST, - 420.06 FEET) A DISTANCE OF 420.69 FEET TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF SAID TRACT DESCRIBED IN DEED RECORDED AS FEE NO. 95055812 SAID LINE ALSO BEING THE SOUTH LINE OF LOT 19,BLOCK"0"."METZGER ACRE TRACTS".THENCE ALONG SAID SOUTH LINE NORTH 89°03'05" WEST, A DISTANCE OF 105.32 FEET TO THE EAST LINE OF SAID TRACT DESCRIBED IN DEED RECORDED AS FEE NO. 95055810; THENCE ALONG SAID EAST LINE AND THE EAST LINE OF SAID TRACT DESCRIBED IN DEED RECORDED AS FEE NO. 95055808 SOUTH 2°03'00"WEST,A DISTANCE OF 115.07 FEET TO THE"POINT OF BEGINNING". [Contains 58,133 she feet,more or IessJ 5 TOTAL P.03 PRE - APPLICATION CONFERENCE NOTES 4 CITYOFTICAIID 4 '�PRE-APPLICATION CONFERENCE NOTES ,',`.,P,imu, ver°.=u,,,r, NON-RESIDENTIAL 11E ©GI . ) SThFF 144aE, 6e 4.. //IA V1i_e k: APPLICANT: y V( 1162-- AGENT: Phone:[ l 6 S6 - 6 243 Phone: I l PROPERTY LOCATION: ADDRESS: ( 1 Li$I S (it) '14(( ,Qo levzJ TAX MAP/TAX LOT: ( 1 c t - e I --5,QFc 4 NECESSARY APPLICATIONESI: f e C ,Q,ue(o ei,W--- i.e u) u lid P°Ss hf Q l/o ,a'' .- . ..• .i SD ' - 0d `Z PROPOSAL DESCRIPTION:- a 222 6400 S-fie ve RPticf- I I r9i � ID/4 f/ / 1 COMPREHENSIVE i ';PLAN DESIGNATION: C.0 WI VII w'6")4/ I/Q 1-?.-5S-./.0 to ( � 1 ZONING DESlGNAT10N: / In ) i �.Ow11/14eArC�4'! find Pe SS/4 Q/ (i - jI�! ' CITIZEN INVOLVEMENT Ca FACILITATOR: S+� i446ao i TEAM AREA PHONE [503] • ZONING DISTRICT DIMENSIONAL REQUIREMENTS S j 13e. See. minimun2 lot size: ‘44411//sq. rt. Averag, lot width. ft. Maximum buil ing height: ft. te Setbacks Front 0/4 ft. Sided ft s7reitjear !� ft. Corner h ft. from street. Maximum site coverage: '2' % zo414ilinimum lands aped or natural vegetation area: IS % flis [Refer to Code Section 18. N oco l --I� IDDITEONAI LOT DIMENSIONAL REQUIRE Minimum lot frontage: 25 fe t unless lot is created through the minor land partition process. Lots created as part of a partition ust have a minimum of 15 feet of frontage or have a minimum 15 foot wide access easement. The cepth of all lots shall not exce d 2zt times the average width. unless the parcel is less than 1;-: times the minimum lot size of the aop ' able zoning district. [Refer to Code Section 18.164.060-tots) :ITV OF TIGARD Pre-Apvfication Conference Notes Page t 013 7N 1ss umal JnucadeuMiuu1 onartmet Sicn.. J Post-It'"routing request pad 7664 ROUTING - REQUEST Please = / H READ To voir ✓ r� u El HANDLE �� r3 ❑ APPROVE uUa✓ J� V and FORWARD - H RETURN (� T1 KEEP OR DISCARD d V Qy ❑ REVI W WITH ME ,^�� '-v Data Wg7 From IIVvltf` SPECIAL SETBACKS Streets: 4 a feet from the centerline of 9 Established areas: 14 Q- feet from 44 9 Lower intensity zones: feet, along the site's W e SV'e�/ boundary. • Flag lot: 10-foot side yard setback. (Refer to Code Section and 18.961 SPECIAL 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; _/-"! • All actual building setbacks will be at least half (y) of the building's height: and _ • The structure will not abut a residential zoned district. [Refer to Code Section 18.98.0201 PARKING AND ACCESS Pot Required parking for this type of use: 0'�e •�•Qce t73i-- eat 3.50 ‹cis Parking shown on preliminary plan(s): I . • P►'' - 4..: as ./ -76= 221_ • i - Secondary use required parking: �� Parking shown on preliminary plan(s): l� 350,'- 3,4d No more than 40% of required spaces may be designated and/or dimensioned as compact spaces. v�2qu1 l Parking Stalls shall be dimensioned as follows: 1 • Standard parking space dimensions: 8 feet, 8 inches x 18 feet. Compact parking space dimensions: 8 feet x 15 feet. , (Refer to Code Section 18.106.0201 Handicapped Parking: • All parking areas shall provide appropriately located and dimensioned disabled person parking spaces. The minimum number of disabled person parking spaces to be provided. as well as the parking stall dimensions. are mandated by the Americans with Disabilities Act (ADA). A handout is available upon request. A handicapped parking space symbol shall be painted on the parking space surface and an appropriate sign shall be posted. Bicycle racks are required for multi-family, commercial and industrial developments. Bicycle racks shall be located in areas protected from automobile traffic and in convenient locations. Bicycle parking spaces shall be provided on the basis of one space for every fifteen (15) required vehicular parking spaces. Minimum number of accesses: OLIN Minimum access width: 30 1 Minimum pavement width: Z y All driveways and parking areas, except for some fleet storage parking areas, must be paved. Drive-in use queuing areas: h la V [Refer to Code Section 18.106 and 18.1081 I Y OF T1GARD Pre-Application Conference Motes Page 2 0(8 ,a -Is:U•.tlaliooicaeseir ufmgAsurtts.tSacdn WALKWAY REQUIREMENTS Walkways shall extend from the ground floor entrances or from the ground floor landing of stairs. ramps or elevators of all commercial. institutional, and industrial uses. to the streets which provide the required access and egress Walkways shall provide convenient connections between buildings in multi-building commercial, institutional, and industrial complexes. Unless impractical, walkways should be constructed between a new development and neighboring developments. --________%' (Refer to Code Section 18.108.050) T- 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. r (Refer to Code Section 18.106.070-0901 CLEAR YISIOA AREA' — — — —-__ The City requires that clear vision areas be maintained between three and eight feet in height at road/driveway, road/railroad, and road/road intersections. The size of the required dear vision area depends upon the abutting street's functional classification. (Refer to Code Section 18.102) —.rM 8 FFERING AND SCREENIN• —. In order to increase privacy an either reduce or eliminate adverse noise or visual impacts betwee4 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 1 areas must be occupied by a mixture of deciduous and evergreen trees and shrubs and must also achieve I 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 18.100) The requir d buffer widths which are applicable to your pro osal area are as follows: ;I Q feet along north boundary. n Q feet along east boundary. 11/0 feet along south boundary. d feet along west boundary. • addition, sight obscuring screening is required along - i'I r . 'NDSCAPING reet trees are required for all developm is fronting on a public or private street as well as driveways which are more than 100 feet in length. St et trees must be placed either within the public right-of-way or on private property within six (6) feet of the ight-of-way boundary. Street trees must have a minimum caliper of at least two (2) inches when measure our (4) feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the branching .dth of the proposed tree species at maturity. Further information on regulations affecting street trees may obtained from the Planning Division. _ /A 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 18.100,18.106 and 18.108) ___________} MY OF TIGARD Pre-Appilcadon Conference Notes Page 3 of 8 !IM-1.s014stla'ampllc1gsuMenial Mutant Suns SIGNS, • Sign permits must be obtaine nor to installation of any sign in the City of Tigard. A "Guidelines for Sign Permits" handout is available up 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 flied for review before the Hearings Officer. [Refer to Code Sectlsa 18.114] SENSITIVE LANDS , The Code provides regulations for lands which are potentially unsuitable for development due to areas within the 100-year floodplain natural drainageways, wetland areas, on slopes in excess of 25 percent, or on unstable ground. Staff ill attempt to preliminary identify sensitive lands areas at the pre-application conference based on avail.ble information. HOWEVER, the responsibility to precisely identify sensitive lands areas and their •• 2 ar• iL, is the responsibility of the applicant. Areas meeting the definitions of sensitive lands must be clearly indicated on plans submitted with the development application, Chapter 18.84 also provides regulations for the use, protection, or modification of sensitive lands areas. Residential development is prohibited"w ijn floodplains, -______ Ulster to Code Section 18.841 . ITEEP SLOPES------- When steep slopes exist, prior to issuance of a final order, a geotechnical report must be submitted which addresses the approval standards of the Tigard Community Development Code Section 18.84.040.8. The --(..._ report shall be based upon field exploration and investigation and shall include specific recommendations for achieving the requirements of 18.84.040.8.2 and 18.84.040.8.3. d i : c�cid.feSS S La UNIFIED SEWERAGE AGENCY[DSAI B STANDARDS,R a 0 96-44 54-.4; I t+t "2-17 `` Purpose: wa y Land development adjacent to sensitive areas shall preserve and maintain or create a vegetated corridor for a buffer wide enough to protect the water quality functioning of the sensitive area. Design Criteria: The vegetated corridor 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 any case, 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 protection provided by the vegetated corridor, except as allowed below: > A gravel walkway or bike path, not exceeding 8 feet in width. If the walkway or bike path is paved, then the vegetated corridor must be widened by the width to the path. A paved or gravel walkway or bike path may not be constructed closer than 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 Water quality facilities may encroach into the vegetated corridor a maximum of 10 feet with the approval of the Agency or City. NTT if TlGAR 4 p 1c*1N Caftans Metes Page 4 et i is-tuJUWa1 sestleatleafitingas Iowans.at SaWaa Llcation of Vegetated Corridor In any residential development which creates ltiple parcels or lots intended for separate ownership. such as a subdivision, the vegetated corridor shall be ontained in a separate tract, and shall not be a part of any parcel to be used for the construction of a dwellin unit. (Refer to R&0 96-44/USA Regulations-Chapter 3. sign for SWMI TREE REMOVAL PLAN REQUIREMENTS A tree pan for the planting, removal and protection of trees prepared by a certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a development application for a subdivision, major partition, site development review, planned development or conditional use is filed. Protection is preferred over removal where possible. The tree plan shall include the following: '. Identification of the location, size and species of all existing trees including trees designated as significant by the City: Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.150.070.D. according to the following standards: * Retainage of less than 25 percent of existing trees over 12 inches in caliper requires a mitigation program according to Section 18.150.070.D. of no net loss of trees; _ Retainage of from 25 to 50 percent of existing trees over 12 inches in caliper requires that two-thirds of the trees to be removed be mitigated according to Section 18.150.070.D; Retainage of from 50 to 75 percent of existing trees over 12 inches in caliper requires that 5Q percent of the trees to be removed be mitigated according to Section 18.150.070.D; Retainage of 75 percent or greater of existing trees over 12 inches in caliper requires no mitigation; Identification of all trees which are proposed to be removed; and A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. Trees removed within the period of one (1) year prior to a development application listed above will be inventoried as part of the tree plan above and will be replaced according to Section 18.150.070.D. [Refer to Code Section 18.150.0251 Mt 6ATlON Replacement of a tree shall take place according to the following guidelines: • A replacement tree shall be a substantially similar species considering site characteristics. • If a replacement tree of the species of the tree removed cr 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. ,rTY OF TIGARD Pre-Application Conference Notes Page 5 of 8 iQINsUuu.l ipUcaraun..Wg I.urta..t Sethi. 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 0 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 18.150.070[01 SUBDIVISION PLAT NAME od RESERV AT1ON Prior to submitting a S bdivision land use application with the City of Tigard, applicant's are required to complete and file a sub ivision plat naming request with the Washington County Surveyor's Office in order to obtain approval/rese ion for any subdivision name. Applications will not be accepted as complete until the City receives the d confirmation of approval from the County of the Subdivision Name Reservation. (County Surveyor's Office: 648-88841 NARRATIVE — -- - -- The applicant shall submit a narrative which provides findings based on the applicable approval standards. Failure to provide a narrative or adequately address criteria would be reason to consider an application incomplete and delay review of the proposal. (Refer to Code Section 18.321 -_ CODE SECTIONS 1 ,� v",- �! 9 _7 18.80 _ 18.92 �0O X108 18.120 18.150 _ 18.84 18.96 22 " 1,a,-114 _ 18.130 18.160 18.88 18.98 � 18.106 18.116 18.134?) 1871-62 ____. 8.164 IMPACT STUDY - As a part of the application submitta requirements, applicants are required to include impact study with their submittal package. The i, pact study shall quantify the effect of the development on public facilities and services. The - udy shall address, at a minimum, the transportation system. including bikeways, the drainage stem, the parks system, the water system, the sewer system and the noise impacts of the deve opment. For each public facility system and type of impact. the study shall propose improvements nec- try 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 specificaiJly concur with the dedication requirement. or provide evidence which supports the conclusion that real property dedication requirement is not roughly proportional to the projected impacts of the devef ent. (Refer to Code Chapter 18.32,Section.0501 When a condition of approval requires transfer to the public of an interest in real property. the approval authority shall adopt findings which support the conclus. n that the interest in real property to be transferred is roughly proportional to the impact the proposed develo ent will have on the public. �� (Refer to Code Chapter 18.32,Section.2501 � � NEIGHBORHOOD MEETING The applicant shall notify all property owners within 250 feet and the appropriate CIT Facilitator and the members of any land use subcommittee(s) of their proposal. A minimum of 2 weeks between the mailing date and the meeting date is required. Please review the Land Use Notification handout 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) - ----- -- ._ - - CITY OF T1GARO Pre-Application Conference Notes Page 6 of 8 1I11-IulUsItltl mlIcidIUtfiulti Iuutaut Seeded • BUILDING PERMITS Plans for budding 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. f RECYCLING 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. ---,IReter to Code Section 11,11 6.E--- ADOIT1ONA1 CONCERNS OR COMMENTS: .,i • • a ✓.LA-1 44411 ., 5 l 4.. _ w , - ■ MI; I. „ . ,,,t_ANML41nLAIIWAINT.„MVV / . . / . I!• • a / • , v / /nom�,,• .i �%/ • *MOM 111 MI"giffiCIINIPM111 "FAIMININO mannIPMFMTMPRINFEL C1 s_ . -rte tS ♦ a ♦ f • .�/,• •� / i ?ROCEDURE 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. IPPLICAT1ON 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 b@ 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), 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. ITY OF T1GAR0 Pre-Mplicadon Conference Notes Page Jot S iiiUaa.uMiuiq geranium'Sica.■ The Planning Division and Engineering Division will perform a preliminary review of the application and will determine whether an application is complete within 30 days of the counter submittal. Staff will notify the applicant If additional information or additional copies of the submitted materials are required. The administrative decision or public hearing will typically occur approximately 45 to 60 days after an application is accepted as being complete by the Planning Division. Applications involving difficult or protracted issues or requiring review by other jurisdictions may take additional time to review. Written recommendations from the Planning staff are issued seven (7) days prior to the public hearing. A 10, to 20 day public a peal period follows all land use decisions. An appeal on this matter would be heard by the Tigard I!aLA LA. Al CA(AA wt.!Sst' A basic flow chart which illustrates the review process ig available from the Plahiling Division upon request. This pre-application conference and the notes of the conference are intended to inform the prospective applicant of the primary Community Development Code requirements applicable to the potential development of a particular site and to allow the City staff and prospective applicant to discuss the opportunities and constraints affecting development of the site. PLEASE NOTE: The conference and notes cannot cover all Code requirements and aspects of good 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 thin pre-application conference is submitted after a period of more than six (6) months following thig conference (unless deemed as unnecessary by the Planning Division). PREPARED BY: 144(4 V-6P- - CITY OFTIGARD PLANNING DIVISION PHONE [5031639-4171 FAX [503)684-7297 ]:,Jo91i\➢7tty\ sUsri!1rolop-c. t siW.r1N Seeder masters!Dryu.r-e.nIl .-7-Mu-97 CITY OF T16ARD Pre-AApilcation Conference Notes Page 8 of 8 OMaslluaa.nllaa.o/fl.Ul.1 O...rta..t Scan CITY OF TIGARD COMMUNITY DEVELOPMENT DEPARTMENT ,; APPLICATION CHECKLIST ,A1---_ 411 CITY OF TIGARD The items on the checklist below are required for the succesful completion of your application submission requirements. This checklist identifies what is required to be submitted with your application. This sheet MUST be returned and submitted with all other applicable materials at the time you submit your land use application. See your application for further explanation of these items or call the City of Tigard Planning Division at (503) 639-4171. Staff: RP Date: /sh 7 I APPLICATION & RELATED DOCUMENT(S) SUBMITTAL REQUIREMENTS INCLUDE I MARKED ITEMS A) Application form (1 copy) B) Owner's signature/written authorization C) Title transfer instrument/or grant deed D) Applicant's statement No. of Copies E) - Filing Fee $ ' _II!.. Lit, fee & J��ot,. (obtArY'rdii' C SITE-SPECIFIC MAP(SUPLAN(S) SUBMITTAL REQUIREMENTS INCLUDE / MARKED ITEMS A) Site Information showing: No. of Copies 1 . Vicinity map tII/ 2. Site size & dimensions 3. Contour lines (2 ft at 0-10% or 5 ft for grades > 10%) 4. Drainage patterns, courses, and ponds 5. Locations of natural hazard areas including: ❑ (a) Floodplain areas ❑ / (b) Slopes in excess of 25% c / (c) Unstable ground (d) Areas with high seasonal water table (e) Areas with severe soil erosion potential ❑ (f) Areas having severely weak foundation soils ❑ 6. Location of resource areas as shown on the Comprehensive Map Inventory including: c (a) Wildlife habitats ❑ (b) Wetlands ❑ 7. Other site features: (a) Rock outcroppings ❑ (b) Trees with 6" + caliper measured 4 feet from ground level 8. Location of existing structures and their uses 9. Location and type of on and off-site noise sources 10. Location of existing utilities and easements 11 . Location of existing dedicated right-of-ways LAND USE APPLICATION./LIST PACE 1 Of s B) Site Development Plan Indicating: No. of Copies 1 . The proposed site and surrounding properties 2. Contour line intervals 3. The location, dimensions and names of all: (a) Existing & platted streets & other public ways and easements on the site and on adjoining properties (b) Proposed streets or other public ways & easements on the site (c) Alternative routes of dead end or proposed streets that require future extension ❑ 4. The location and dimension of: (a) Entrances and exits on the site 2/ �- (b) Parking and circulation areas m� (c) Loading and services area (d) Pedestrian and bicycle circulation (e) Outdoor common areas ❑ (f) Above ground utilities 5. The location, dimensions & setback distances of all: (a) Existing permanent structures, improvements, utilities, and easements which are located on the site and on adjacent property within 25 feet of the site (b) Proposed structures, improvements, utilities and easements on the site 6. Storm drainage facilities and analysis of downstream conditions 4' 7. Sanitary sewer facilities 8. The location areas to be landscaped 9. The location and type of outdoor lighting considering crime prevention techniques 10. The location of mailboxes 11 . The location of all structures and their orientation 12. Existing or proposed sewer reimbursement agreements C) Grading Plan Indicating: No. of Copies 7 The site development plan shall include a grading plan at the same scale as the site analysis drawings and shall contain the following information: 1 . The location and extent to which grading will take place indicating: (a) General contour lines (b) Slope ratios (c) Soil stabilization proposals) (d) Approximate time of year for the proposed site development 11/ 2. A statement from a registered engineer supported by data factual substantiating: (a) Subsurface exploration and geotechnical engineering report c (b) The validity of sanitary sewer and storm drainage service proposals (c) That all problems will be mitigated and how they will be mitigated 0 LAND USE APPLICATION/LIST PAGE _ OF 5 D) Architectural Draw .s Indicating: No. of Copies - The site development plan proposal shall include: 1 . Floor plans indicating the square footage of all structures lam' proposed for use on-site 2. Typical elevation drawings of each structure E) Landscape Plan Indicating: No. of Copies The landscape plan shall be drawn at the same scale of the site analysis plan or a larger scale if necessary and shall indicate: / 1 . Description of the irrigation system where applicable 2. Location and height of fences, buffers and screenings m-'" 3. Location of terraces, decks, shelters, play areas, and common open spaces c 4. Location, type, size and species of existing and proposed plant materials R/, 5. Landscape narrative which also addresses: (a) Soil conditions o (b) Erosion control measures that will be used c F) Sign Draw' ❑ Sign drawings all be submitted in accordance with Chapter 18.114 - of the Code as p of the Site Development Review or prior to obtaining a Building Permit t construct a sign. G) Traffic Generation Estimate: ❑ H) Preliminary Partition/Lot Line Adjustment Map Indicating: No. of Copies 1 . The owner of the subject parcel o 2. The owner's authorized agent c 3. The map scale (20,50,100 or 200 feet- 1) inch north arrow and date 0 4. Description of parcel location and boundaries ❑ 5. Location, width and names of streets, easements and other public ways within and adjacent to the parcel o 6. Location of all permanent buildings on and within 25 feet of all property lines ❑ 7. Location and width of all water courses c 8. Location of any trees within 6" or greater caliper at 4 feet above ground level ❑ 9. All slopes greater than 25 ❑ 10. Location of existing utilities and utility easements ❑ 11 . For major land partition which creates a public street: (a) The proposed right-of-way location and width 0 (b) A scaled cross-section of the proposed street plus any reserve strip 0 12. Any applicable deed restrictions c 13. Evidence that land partition will not preclude efficient future land division where applicable ri LAND USE APPLICATION./LIST PAGE 3 Of 5 I) Subdivision Prelimi■ .' Plak Map and Data Indicating: No. of Copies 1 . Scale equaling 30,50,100 or 200 feet to the inch and limited to one phase per sheet ❑ 2. The proposed name of the subdivision ❑ 3. Vicinity map showing property's relationship to arterial and collector streets ❑ 4. Names, addresses and telephone numbers of the owner, developer, engineer, surveyer and/designer (as applicable) ❑ 5. Date of application r ❑ 6. Boundary lines of tract to be subdivided ❑ 7. Names of adjacent subdivision or names of recorded owners of adjoining parcels of un ubdivided land ❑ 8. Contour lines related to City-established benchmark at 2-foot intervals for 0-10% grades greater tha 10°0 ❑ 9. The purpose, location, type and size of all the following (within and adjacent to the proposed subdivision): (a) Public and private right-of-rays and easements ❑ (b) Public and private sanitary Land storm sewer lines ❑ (c) Domestic water mains incl ding fire hydrants ❑ (d) Major power telephone transmission lines (50,000 volts or greater) ❑ (e) Watercourses ❑ (f) Deed reservations for parks, open spaces, pathways and other land encumbrances c 10. Approximate plan and profiles o proposed sanitary and storm sewers with grades and pipe sizes indicated on the plans ❑ 1 1 . Plan of the proposed water distribtIt on system, showing pipe sizes and the location of valves and fire hydrants ❑ 12. Approximate centerline profiles showing the finished grade of all streets including street extensions for a reasonable distance beyond the limits of the proposed subdivision ❑ 13. Scaled cross sections of proposed street right-of-way(s) ❑ 14. The location of all areas subject to inundation or storm water overflow ❑ 15. Location, width & direction of flow of all water courses & drainage-ways 0 • 16. The proposed lot configurations, approximate lot dimensions and lot numbers. Where lots are to be used for purposes other than residential, it shall be indicated upon such lots. ❑ 17. The location of all trees with a diamet r 6 inches or greater measured at 4 feet above ground level, and the lotion of proposed tree plantings ❑ 18. The existing uses of the property, including the location of all structures and the present uses of the structures, and a statement of which structures are to remain after platting ❑ 19. Supplemental information including: (a) Proposed deed restrictions (if any) ❑ (b) Proof of property ownership ❑ (c) A proposed plan for provision of subdivision improvements ❑ 20. Existing natural features including rock outcroppings, wetlands & marsh areas 21 . If any of the foregoing information cannot practicably be shown on the preliminary plat, it shall be incorporated into a narrative and submitted with the application LANG USE APPLICATION/LIST PAGE 4 OF 5 )) Solar Access Calculat ns: o K) Other Information No. of Copies o N hAlOgin‘Daey4nasterSUkkliscrost may 23.1995 ,:■ LAND LSE APPLICATION/LIST PACE 5 OF 5 CITY OF TIGARD NOTICE OF DECISION SITE DEVELOPMENT REVIEW SDR 95-0022 HALL PARK OFFICE CENTER APPLICATION: The applicant requests site development review approval to allow construction of a 22,600 square foot office building. Zone: C-P (Commercial Professional). Location: 11481 SW Hall Boulevard (WCTM 1S1 35DA, Tax Lots 1800, 3500, 3501). The site is located north and west of the existing Kindercare Day Care on SW Hall Boulevard, west of SW Hall Boulevard and south of the 217 Freeway. SECTION I - DECISION: Notice is hereby given that the Planning Director for the City of Tigard has APPROVED the above request subject to the following Conditions of Approval. The findings and conclusions on which the decision is based are noted in Section II. CONDITIONS OF APPROVAL PRIOR TO THE ISSUANCE OF A BUILDING PERMIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED OR FINANCIALLY SECURED: 1. The applicant shall obtain an access permit from the State Highway Division. 2. A joint use and maintenance agreement shall be executed and recorded on City standard forms for all common driveways. The agreement shall be referenced on and become part of all applicable parcel deeds. The agreement shall be approved by the Engineering Department prior to recording. STAFF CONTACT: John Hagman, Engineering Department. 3. The applicant shall identify and determine the adequacy of the public storm drain receiving storm runoff from the site. STAFF CONTACT: Greg Berry, Engineering Department. 4. The applicant shall provide connection of proposed buildings to the public sanitary sewerage system. A connection and street opening permit are required to connect to the existing public sanitary sewer service. STAFF CONTACT: David Scott, Building Division. NOTICE OF DECISION SDR 95-0022-HALL PARK OFFICE CENTER PAGE 1 5. An erosion control plan shall be provided as part of the public improvement drawings. The plan shall conform to "Erosion Control Plans - Technical Guidance Handbook, November 1989." STAFF CONTACT: Greg Berry, Engineering Department 6. The applicant shall provide an on-site water quality facility as required by the Unified Sewerage Agency Resolution and Order No. 91-47. Design details and calculations shall be submitted for approval. STAFF CONTACT: Greg Berry, Engineering Department 7. Revised site/landscape plans and permits shall be submitted for review and approval. Staff Contact Mark Roberts, Planning Division The revisions shall address the following: a. The Police Department reviewed this plan and commented that the parking lot and exterior area lighting will not be sufficient for security lighting purposes. b. Provide tree protection measures to preserve trees which are proposed to be incorporated into the site. The protection plan shall have been prepared by or under the direction of the consulting arborist The applicant shall obtain a tree removal permit c. Prior to issuance of Building Permits the applicant shall provide proof of lot consolidation to avoid constructing site improvements across the existing property lines. d. The landscape plan shall be revised to provide either 56 additional five gallon shrubs or 112 one gallon shrubs. The land use buffer must also contain either a row of evergreen shrubs. The landscape and site plans shall also be revised to provide a minimum of one of these buffer materials e. Provide a copy of the site plan for review and approval by an authorized franchised hauler. f. The applicant shall provide a walkway to be extended to the southerly property line. The applicant shall also provide a direct walkway connection to those parking spaces which are oriented towards the 217 Freeway. NOTICE OF DECISION SDR 95-0022-HALL PARK OFFICE CENTER PAGE 2 THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: 11. All site improvements shall be installed and maintained pursuant to the revised site and landscape plans. STAFF CONTACT: Mark Roberts, Associate Planner. THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN MONTHS OF THE DATE OF THE FINAL DECISION. SECTION II. FINDINGS OF FACT Background: This site has been zoned Commercial Professional since the City's Comprehensive Plan was adopted in 1983. The City has no record of other development applications having been filed for these properties. Vicinity Information: The site is located west of SW Hall Boulevard and south of the 217 Freeway. Areas to the west of the site are developed with detached single family residences. The property immediately to the south and to the east or either vacant, developed with detached single family dwellings or had been developed with detached single family homes which have been abandoned. Site Information and Proposal Description: The site is presently vacant. The majority of the site is wooded. The area proposed to be develcped is level but a portion of the property steeply drops off to the north towards the 217 Freeway. Other Staff Comments: The Engineering Department has reviewed this application and provided the following findings: FINDINGS: 1. STREETS: Access is provided by extending an existing driveway from SW Hall Boulevard. There is no other right-of-way frontage. NOTICE OF DECISION SDR 95-0022 -HALL PARK OFFICE CENTER PAGE 3 2. SANITARY SEWER: Service is provided by extending a private line through a proposed easement to an existing public line in SW Lomita Avenue. If the easement is not available , the applicant proposes to pump to the public line in SW Hall Boulevard. No extensions of the public line are required. 3. STORM DRAINAGE: Drainage is provided by extending a private on-site line. A surface water treatment facility is not shown on the submitted site plan but is required. Agency Comments: The Police Department reviewed this plan and commented that the parking lot and exterior area lighting will not be sufficient for security lighting purposes. The Tualatin Valley Water District reviewed this application and stated that a Double Check Detector Assembly and Water Meter shall be installed at the property line at SW Hall Boulevard The Unified Sewerage Agency reviewed this proposal and provided the following comments: 1. A water quality facility is required. 2. Off-site sanitary sewer shall be designed to public standards. 3. The proposed public storm sewer does not appear to be designed to required specifications. General Telephone and Electric (GTE) reviewed this plan and stated that the developer shall place conduits to GTE specifications. No other comments have been received. SECTION III. ANALYSIS AND CONCLUSION COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Use Classification: The subject property is zoned Commercial Professional (C-P). The applicant is proposing to develop the site with a Professional Office building which is the primary permitted use of this zoning district. Section 18.42 (Use Classifications) defines the professional office use and allows this type of use in C-P Zoning District. NOTICE OF DECISION SDR 95-0022-HALL PARK OFFICE CENTER PAGE 4 Minimum Lot Amer: Section 18.64 the Commercial Professional Zoning District states that there is a minimum lot area requirement of 6,000 square feet The site is approximately 1.14 acres which exceeds the minimum lot size requirement. The average parcel width required within the Commercial Professional Zoning District is 50 feet. The application proposes to combine two tax lots into one lot with an average width of approximately 230 feet which is in excess of the average width standard. Prior to issuance of Building Permits the applicant shall provide proof of lot consolidation to avoid constructing proposed or future site improvements across the existing property lines. Setback and Height: Section 18.64.050 does not require front, side or rear yard setbacks for development within the Commercial Professional Zoning District, except that clear vision areas and parking lot screening requirements must be met. The structure complies with the setback requirements as reviewed elsewhere within this report. The maximum building height is 45 feet in the Commercial Professional Zoning District for habitable structures. The height of the buildings main roof line is 23 feet in compliance with the maximum height standard. Section 18.98.010(A) exempts non-habitable projections from the height limits specified within the zoning district. Non-habitable peaks of the roof and other similar architectural projections do not exceed 36 feet in height. Landscaping Plan: Section 18.100 requires that the applicant submit a landscape plan which provides landscaping for a minimum of 15% of the site. The C-P zone allows a maximum of 85% of the site to be covered with buildings and impervious surfaces. The applicant has submitted a plan indicating the type and location of landscaping to be provided. This plan proposes 70% lot coverage with 30% of the site to be developed with landscaping which complies with landscape development standards. Street Trees: Section 18.100.035 states that all development projects fronting on a public street shall be required to plant street trees. This site does not have frontage on a public street therefore this requirement is found to be inapplicable. Screening Special Provisions: Section 18.100.110(A) 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 also be planted in landscaped islands in all parking areas, and shall be equally distributed on the basis of one tree for each seven parking spaces in order to provide a canopy effect. The preliminary site plan provides planting details concerning the location of existing and new tr_ which are proposed to provide shade for the 76 parking spaces. A total of 17 trees are to be provided which exceeds the minimum ratio of one tree for each seven parking spaces. NOTICE OF DECISION SDR 95-0022-HALL PARK OFFICE CENTER PAGE 5 Landscape islands require a minimum of three feet of width. Landscaping shall be protected from vehicular damage by some form of wheel guard or curb. The applicant has provided landscape islands which vary between three and 20 feet in width. Due to the location of the site, the parking lot areas are screened from SW Hall Boulevard. Upon redevelopment of adjoining properties which abut SW Hall Boulevard it is expected that the proposed landscape improvements would continue to screen the parking lot from the street. The landscape plan provides planter dimensions and orientation in such a manner that the proposed plantings can be protected from damage by vehicles using the adjoining parking spaces. Buffer Matrix Section 18.100.130 contains the buffer matrix to be used in calculating widths of buffering and screening to be installed between different types of land uses. A land use buffer is required because the adjoining properties to the west are developed and planned for residential use. The proposed parking lot and other site improvements don't directly adjoin the abandoned non-conforming residence therefore buffer standards are found to be inapplicable to the south. The proposed access driveway also would adjoin an occupied residence and an another abandoned residence. The buffer standards are found to be inapplicable since the driveway alignment is the only feasible alignment to preserve existing trees and provide future efficient access to the subject properties and to Tax Lots 1400, 1600 and 1700. A 20 foot buffer is required where the site adjoins neighboring residences to the west. A 20 foot buffer has been provided. The land use buffer must contain a row of trees at a • certain spacing based on their height at maturity and shrubs or varying numbers based on their size at planting. The land use buffer must contain either a row of evergreen shrubs, a five foot tall minimum fence, or an earthen berm with evergreen shrubs which will provide a continuous six foot screen within two years. The proposed landscape plan proposes an earthen berm but does not provide evergreen landscape materials. The site and/or landscape plans shall also be revised to provide a row of evergreen shrubs. A minimum of 10, five-gallon shrubs is required for each 1,000 square feet of buffer area or a minimum of 20, one-gallon shrubs shall provided. Because this area equals approximately 5,600 square feet the site plan shall be revised to provide a minimum of 56, five-gallon shrubs or 112, one-gallon shrubs. The preliminary landscape plan proposes to maintain existing trees within this area where possible and to provide nine (9) Western Red Cedars and nine (9) Bloodgood Sycamores. The spacing of these trees meets City standards based on their height at maturity. No additional trees are required to be provided within the buffer area. NOTICE OF DECISION SDR 95-0022-HALL PARK OFFICE CENTER PAGE 6 Visual Clearance Areas: Section 18.102 requires that a clear vision area be maintained on the corners of all property adjacent to intersecting right-af-ways or the intersection of a public street and a private driveway. A clear vision area shall contain no vehicle,hedge, planting, fence,wall structure, temporary, or permanent obstruction exceeding three feet in height The code provides that obstructions which may be located in this area shall be visually clear between three and eight feet in height Trees may be placed within this area provided all branches below eight feet are removed. A visual clearance area is the triangular area formed by measuring a 30 foot distance from the corner of two intersecting street right-of-ways. The clear vision rule also includes triangular areas on either side of proposed driveway(s). For driveways in excess of 24 feet in width such as those proposed to serve this site the clear vision area is measured a 30 foot distance back from the driveway and 30 feet along the adjoining street right- of-way and then connecting these two points. The plan as proposed complies with these requirements at the intersection of each driveway within the parking lot. The applicant has proposed to construct a new sign where the private driveway intersects with SW Hall Boulevard. This sign may conflict with the Clear Vision requirements as proposed. Through the Sign Permit review the applicant shall revise the location where necessary. Minimum Off-Street Parking: Section 18.106 requires a minimum of one off-street parking space for each 350 square feet The applicant has proposed to develop 22,600 square feet of gross floor area and provide a total of 76 parking spaces which exceeds the minimum required number of 65 parking spaces. A total of 17 spaces are proposed to be developed as compact spaces. Of the 65 required spaces 17 have been designated as compact spaces. The Development Code permits up to 40% of the required parking spaces or 26 parking spaces to be developed as compact. The proposed compact spaces do not exceed the maximum number allowed. vi - . i± ' .-.- .i .s I < s' s - ; ; I ; Revised regulations became effective on January 26, 1992. A minimum of three disabled parking spaces are required it 50-75 parking spaces are required. The proposed site plan provides three disabled parking spaces near the buildings main entrance which complies with the minimum number of spaces required given the total number of required parking spaces. Bicycle Parking: Section 18.106 requires one bicycle parking rack for each 15 required parking spaces in any commercial development Bicycle parking areas shall not be located within parking aisles, landscape areas, or pedestrian pathways. The current site plan provides a bicycle rack in compliance with this standard. Access; Section 18.108 requires that where up to 99 parking spaces are required, that one access point with a minimum width of 24 feet of paved width and 30 feet of total width be constructed. The preliminary site plan proposes to use of the existing private street onto SW Hall Boulevard. A total of 92 parking spaces are required to serve all of the existing uses which utilize the private street. The access which is provided is 26.50 feet in paved width and 32 feet in total width which satisfies this requirement. NOTICE OF DECISION SDR 95-0022 -HALL PARK OFFICE CENTER PAGE 7 Walkways: Section 18.108.050(A) requires that a walkway be extended from the ground floor entrance of all new structures to the street which provides the required ingress and egress. The sidewalk shall be designed to minimize the distance in which pedestrians must cross vehicle access driveways or parking lots. Such crossings shall be designed and located for pedestrian safety and to minimize conflicts. Required walkways shall be physically separated from motor vehicle traffic and parking by either a six inch minimum curbed vertical separation or a minimum three foot horizontal separation. Pedestrian walkways which cross traffic aisles are permitted for distances no greater than 36 feet where appropriate pavement markings, or contrasting pavement materials are used. Walkways shall also be a minimum of four feet in width, exclusive of vehicle overhangs and obstructions such as mailboxes, benches,bicycle racks, and sign posts. The site plan as proposed provides a sidewalk linkage which ends short of the southerly property line. The applicant shall provide a walkway to be extended to the southerly property line. The site has largely been designed so that pedestrians will not have to cross distances greater than 24 feet within the two-way parking lot driveways. The applicant shall revise the plan to provide walkway extension to provide a direct connection to those parking spaces which are oriented towards the 217 Freeway. Signs: Section 18.114 lists the type of allowable signs and sign area permitted in the C-P zone. All signage shall be reviewed through the sign permit process as administered by the Planning Division. Mixed Solid Waste and Recyclable Storage: Section 18.116 requires that new construction incorporate functional and adequate space for on-site storage and efficient collection of mixed solid waste and source separated recyclable prior to pick-up and removal by the franchised haulers. The site plan does not provide a trash and recycling enclosure as proposed. It is recommended that the applicant contact the franchised hauler and an enclosure design reviewed in terms of location and size to ensure ease of site servicing. The revised site plan shall include an area(s) for refuse and recyclable collection. Tree Removal: This application was when the previous regulations concerning tree removal were in affect. Under these requirements Section 18.150.020(E) required that a permit for removal of trees having a trunk six inches or more in diameter measured four feet above the ground level. The applicant has proposed to remove a total 80 of the 148 existing trees in excess of six inches in diameter as measured four feet above the existing grade elevations. A permit for tree removal must comply with the following criteria as specified in Section 18.150.030(A): NOTICE OF DECISION SCR 95-0022-HALL PARK OFFICE CENTER PAGE 8 1. The trees are diseased present a danger to property, or interfere with utility service or traffic safety; If preserved in place certain trees would interfere with the construction of necessary site improvements such as driveways, service areas and parking lot areas. Locating the proposed development on alternate portions of the site is difficult due to the irregular site configuration and the dispersed nature of the existing significant trees on site. To preserve trees in substantial numbers would require that the site improvements be greatly reduced in size due to the minimum parking requirements for the proposed use. 2 The trees have to be removed to construct proposed improvements or to otherwise utilize the applicant's property in a reasonable manner See statement above. 3. The trees are not needed to prevent erosion, instability, or drainage problems; Due to the limited slope of the property no unusual erosion problems, slope instability or drainage problems are expected either on-site or off-site with the removal of these trees. The recommended conditions of approval included a requirement that the applicant demonstrate that off-site drainage will not adversely impact properties which are upstream and downstream of the subject property. 4. The trees are not needed to protect nearby trees as windbreaks or as a desirable balance between shade and open space; During the construction process the arborist states the fencing will be provided and trees which are proposed to be preserved will be reviewed for structural weaknesses which would cause them to need to be removed. A tree protection plan shall be provided in accordance with the review provided by the consulting arborist. • 5. The aesthetic character in the area will not be visually adversely affected by the tree removal; and. The applicant has proposed to maintain approximately on half of the existing trees which mitigates the impact to the area. Parking lot trees will be provided as partial replacement. The trees which are to be preserved are of a dispersed nature such that a majority of the site will not have been clear cut. Instead a substantial stand of trees will be maintained as well as smaller pockets of trees. 6. New vegetation planted by the applicant,if any, will replace the aesthetic value of trees to be cut. Because of the limited area which will either be developed or preserved with the existing trees it does not appear feasible to plant replacement trees beyond the proposed nine Western Red Cedars to be planted in the north west corner of the site. Based on these findings removal of the trees shown within the existing conditions plan complies with the applicable criteria for tree removal. NOTICE OF DECISION SDR 95-0022-HALL.PARK OFFICE CENTER i' Transportation Planning Rule: The portion of the Transportation Planning Rule, which became effective May 8, 1994. that applies to this application is OAR 660-12-045 (4) and(5). This section states that new retail, office and institutional buildings at or near existing or planned transit stops to provide preferential access to transit through the following measures: a. Orienting building entrances to the transit stop or station; b. clustering buildings around transit stops; and, c. locating buildings as close as possible to transit stops. The intent of this requirement is to provide preferential access to transit by locating building entrances at a direct, safe, and convenient distance from the transit street and by removing other barriers to pedestrian access. Building entrances should be located in a way that allows a direct, safe and convenient pedestrian link between the development and the transit stop. New retail and office buildings located on transit streets should have at least one public entrance facing the transit street. If it is not possible to orient an entrance facing the street the entrance shall be as close as possible to a transit route. A combination of building orientation, distance and pedestrian amenities are required to display the main entrance and direct pedestrians to that entrance. The site does not have direct frontage on a transit served street. For this reason the proposed development is not required to orient or locate the building structure towards the street. The applicant is required to extend a sidewalk to the property line in order to provide a continuous walk way system to SW Hall Boulevard upon development of other vacant or under utilized properties in the area. SECTION IV. PROCEDURE 1. Notice: Notice was published in the newspaper, posted at City Hall and mailed to: _2(X._ The applicant and owners XX Owners of record within the required distance XX Affected government agencies 2. Final Decision: THE DECISION SHALL BE FINAL ON DECEMBER 18. 1995 UNLESS AN APPEAL IS FILED. NOTICE OF DECISION SDR 95-0022-HALL PARK OFFICE CENTER PAGE 10 3. Appea(: Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.370 of the Community Development Code which provides that a written appeal must be filed with the City Recorder within 10 days after notice is given and sent. Appeal fee schedule and forms are available at Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon. The deadline for filing of an appeal is 3:30 p.m. December 18, 1995. 4. Questions: If you have questions, please call City of Tigard Planning Division (639-4171), City of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223 zezli/ �f1 12/7/95 PREPARED BY: Mark Roberts DATE Associate Planner ce,,t 12/7/95 APPROVED BY: Richard Bewersd• " DATE Senior Planner NOTICE OF DECISION SDR 95-0022 -HALL PARK OFFICE CENTER PAGE 11 `--_---1 .. ;r i ' *El.' p.- --ni;:- • i i 1 1: .1. r 3,11E°'.• :19-) -41•�--- #10.. 114 r f'I .Z Q ( ( . � ,off , r �• � EI4i - �/„,,,,oy co ---1 , .0 i :.. - f4 :,.... 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NO. 54 NI°57'E S24 23.W 228.55 MA N2°85'E 186.0 \ Ng°55 E , "I 189.25 N2°55'E {.191.76• N2°55 r 4,2 PROPOS 0 ROADWAY 1 o ao ao 00 d * I s 0 n 0 n z m ' c� m aIN a' N 0 O N 1 w lI ° N WIo ^� ice N d t y I I 82°03'W 1.66.8 S2°.34 189.26 '-----Ayie‘ 42°O3'W 1_ 75 a{ C w Lo ' • — V a; U yGI a � 0 W I � I� 'to o . % >< 1s o u 1u2 C ( . ° N v d U v I Z )(111PN/00 t: N o . � iN N b0 (..a+ W O o I .o CO - 1 75 5i5.08 4 i 42.93 32.67 75 ± ._1._ }( 4- •Z S. W. .. 0..0.) -1 ( 1 J 86-35394 /4",26, 112.62 na %t...."4*'.. \, X — m ba / `X90 •1 \ Si �wr X ► , 0 25 3n 24' [A * ,%` \ yam? • \ I o 11\• ► Nc c 1 I . I u S u 1 `Du `` I ` I X - ' I • H ; Y / y'� 0 \� 4P , 1 ------_. _ � 044 o/° ♦1, N to �. v! 'i. .�� — — I. — —� ■ `iii/ =;=�;t� `0 I�Ic f II' Ica• * N '11$ Pyj ,o\. \ o 14 10, 41, No I aret N r®11 1 IO -- -- -- -- --■-- I "®I n I Ilf_I 1 ---- ;> I I a a a 0 0 1 TO NALL BLVD *7-11 mama co 101 PARKING SPACES TOTAL I 1 . 0 SITE PLAN 1"=60'-0" 10/13/91 a D <04./03/97 THU 15: 43 FAX 503 635 3122 PAC LAND MGNT 0 002 After Recording Return To: T.A.Sherwood,Esq. Suite 203 SW S 16325 Booms Ferry Rd, Lake 16325 SW B Oswego,OR 97035 F'7" RECIPROCAL LICENSE FOR PARKING EFFECTED BY AND BETWEEN Brahma Premananda Ashram, a nonprofit organization, herein called "First Party" and Michael J.Nedelisky, herein called"Second Party". RECITALS: A. First Party is the owner in fee simple of a certain tract of land situated in Section 35, Township 1 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, more particularly described at Exhibit A annexed hereto and by this reference incorporated herein as if fully set forth, herein called the "Temple Property", and B. Second Party is the owner in fee simple of that certain tract of land situated in Section 35, Township 1 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, more particularly described at Exhibit B annexed hereto and by this reference incorporated herein as if fully set forth, herein called the"Office Property", and C. The Temple Property and the Office Property are situated contiguous one with the other and share a common means of vehicular and pedestrian access and egress to and from the public road known as S.W. Hall Boulevard(County Road No. 947),and D. The Temple Property is committed to use by the First Party as the site and location of certain buildings and related improvements, including spaces and facilities for parking of passenger motor vehicles, designed and intended to provide a gathering place and residence for persons engaged in the teaching, observance and practice of certain religious, ethical and philosophical principals shared by those persons. E. The Office Property is committed to use by Second Party as the site and location of certain buildings and related improvements, including spaces and facilities for parking of passenger motor vehicles, to provide building and office facilities, space and accommodations suitable for the conduct of business and commercial activities by persons employed by parties in ownership or tenancy of the Office Property and their customers, patrons, clients, suppliers, service providers and business invitees, and F. The uses to which the Temple Property and the Office Property are committed by the respective parties, each require that persons having reason to be present on said properties will have space in which to park and leave motor vehicles unattended while such persons are engaged in residence, or participating in lawful activities or employment upon, or within the buildings and other improvements to be situated on, such properties, and RECIPROCAL LICENSE PAGE 1 of 3 O1.'03.'97 THU 15:43 FAX 503 R"` 3122 PAC LAND HCrT l6O03 G The parties acknowledge that the spaces and facilities provided for parking of motor vehicles on their respective properties may, from time-to-time, but at different times, prove to be inadequate to accommodate the number of vehicles which require space for parking in connection with uses of the buildings and improvements located thereon, and H. The parties desire and intend to pool or share their available parking spaces and facilities to the end that adequate parking will be available for all persons who may now or hereafter have reasonable cause or need to park motor vehicles in or upon the Temple Property or the Office Property, THEREFORE, in consideration of the foregoing recitals and the rights and responsibilities of the parties established hereunder, it is hereby, acknowledged,confirmed and agreed as follows: t. License Granted First Party. Second Party does hereby and irrevocably give, grant and convey to First Party, its successors in interest and assigns, license to permit parking of motor vehicles, including, without limitation, automobiles, motorcycles, "sport utility vehicles°, light trucks, vans and motor busses designed and actually used for the purpose of transporting passengers to and from any buildings or other improvements now or hereafter erected on the Temple Property. The license afforded under this paragraph extends to all and any unoccupied exterior spaces or areas situated on the Office Property which are regularly used or available for parking of vehicles of the kind mentioned above between the hours of P.M. and A.M. on weekdays and between the hour of A.M. each Saturday through the hour of P.M. the next following Sunday evening. The license afforded hereunder shall not supersede restrictions on parking imposed by public authorities or for purposes of affording or reserving space for parking, use, access, egress or maneuvering of delivery, waste removal or emergency vehicles. 2. License Granted Second Party. First Party does hereby and irrevocably give, grant and convey to Second Party, his successors in interest and assigns, license to permit parking of passenger motor vehicles, including, without limitation, automobiles, motorcycles, "sport utility vehicles", light trucks, vans and motor busses designed and actually used for the purpose of transporting passengers to and from any buildings or other improvements now or hereafter erected on the Office Property. The license afforded under this paragraph extends to all and any unoccupied exterior spaces or areas situated on the Temple Property which are regularly used or available for parking of vehicles of the kind mentioned above between the hours of 7:00 A.M. and 7:00 P.M. on weekdays and Saturdays. The license afforded hereunder shall not supersede restrictions on parking imposed by public authorities or for purposes of affording or reserving space for parking of delivery or emergency vehicles. 3. Notice of Licenses. The licenses afforded hereunder may be exercised only by persons to whom permission is granted by the respective licensees. First Party and Second Party will therefore, each and respectively, provide, or cause to be furnished, to all and any persons to whom such permission is granted, written evidence of such permission in a form which such persons may display upon or within their vehicle(s) in such a manner as to be readily visible from the exterior thereof. Each party hereby acknowledges and agrees that the other party, or its tenants or others lawfully entitled to occupy such party's property or any portion(s) thereof, shall have the unqualified right and prerogative to remove any vehicle parked on such party's property which does not display evidence it is parked with permission in accordance with the foregoing provisions of this paragraph. 4. Disclaimer of Liability. Neither First Party nor Second Party shall be liable to the other or to any third party or parties whomsoever, for any loss, damage or injury of any kind or nature whatsoever incurred or suffered by any person or any vehicle while present on such party's property by reason of the licenses granted hereunder, regardless of the cause of such loss, damage or injury. Each party hereby covenants and agrees with the other that it will post notice and otherwise inform all persons who may now or at any time hereafter avail themselves of any right or license provided hereby, that by entering on such party's property for any purpose, such persons assume all risk of loss, damage and injury to themselves, any vehicle owned, operated or parked by or for the benefit of such person, and any other personal property brought upon or left of such party's property by or for the benefit of such person. RECIPROCAL LICENSE PAGE 2 of 3 • 0;'03 '07 THU 15:44 FAX 503 ' 3122 PAC LAND MGNT Im004 5. Duration; Parties Bound and Benefited. The license granted to First Party hereunder shall remain in effect for so long as the Temple Property shall be and remain committed to the uses set forth in Recital D of this instrument. The license granted to Second Party hereunder shall remain in effect for so long as the Office Property shall be and remain committed to the uses set forth in Recital E of this instrument. Should the either license afforded hereunder expire by reason of the foregoing provisions of this paragraph, such expiration shall not in any way affect, diminish or impair the rights afforded under the other license afforded hereunder. This instrument and the terms and conditions herein contained shall bind and inure to the benefit of the First Party and the Second Party, their respective heirs, successors in interest, assigns and all other persons now or at any time hereafter having or claiming any right, title or interest in their respective properties by reason of any tenancy arrangement, lien or other encumbrance whatsoever. IN WITNESS WHEREOF, the parties have each caused this instrument to be executed and acknowledged effective on the latest date set forth below. BRAHMA PREMANANDA ASHRAM, a non-profit organization First Party BY MICHAEL J. NEDEL15HY, Second Party TitlelStatus State of Oregon,County of }s.s. This instrument was acknowledged before me on , 1997, by _ as of Brahma Premananda Ashram,a nonprofit organization. Notary Public for Oregon My Commission Expires State of Oregon, County of }s.s. This instrument was acknowledged before me on , 1997, by Michael J. Nedelisky. Notary Public for Oregon My Commission Expires RECIPROCAL LICENSE PAGE 3 of 3 AFTER RECORDING RETURN TO: Thomas A.Sherwood,Esq. 16325 S.W.Bowies Ferry Road,Suite 203 Lake Oswego,OR 97035 DECLARATION OF EASEMENT RECITALS WHEREAS, the undersigned Brahmapremananda Ashrama, which took title as Brahma Premananda Ashram, an Oregon non-profit corporation, herein called "Grantor", is the owner in fee simple of a certain tract of land situated in Section 35, Township 1 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, more particularly described at Exhibit A annexed hereto and by this reference incorporated herein as if fully set forth, herein called "Servient Premises", and WHEREAS, the undersigned Michael J. Nedelisky, herein called "Grantee", is the owner in fee simple of that certain tract of land situated in Section 35, Township 1 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, more particularly described at Exhibit B annexed hereto and by this reference incorporated herein as if fully set forth, herein called "Grantee's Premises", and WHEREAS, by instrument recorded as Fee No. 88-9619, in the records of Washington County, Oregon, on March 9, 1988, Woodrow W. Hughes, David W. Hughes and William Blue, as the "Grantors" therein named, entered into an Agreement For Shared Drive Easement And Maintenance, with Kinder-Care, Inc., a corporation, therein named as "Grantee" (herein called "Kinder•Care Agreement"), affording to the said Kinder-Care, Inc., certain rights of access affecting a portion of the Servient Premises subject to certain affirmative undertakings on the part of said Kinder-Care, Inc., to maintain and repair, and bear the cost of maintenance and repair, of that portion of the Servient Premises affected by said agreement all as therein provided for, and WHEREAS, by instrument recorded as Fee No. 94033952, in the records of Washington County, Oregon, on April 8, 1994, the said Woodrow W. Hughes, David W. Hughes and William Blue, as the "Grantors" therein named, entered into an Agreement For Shared Drive Easement And Maintenance,-with Carl Eshelman, therein named as "Grantee" (herein called "Eshelman Agreement"), affording to the said Carl Eshelman certain rights of access affecting a portion of the Servient Premises subject to certain affirmative undertakings on the part of said Carl Eshelman, to maintain and repair, and bear the cost of maintenance and repair, of that portion of the Servient Premises affected by said agreement all as therein provided for, and WHEREAS, by their terms, both the Kinder-Care Agreement and the Eshelman Agreement provide: This Easement and Maintenance Agreement shall be deemed to run with the land and shall inure to the benefit of and be binding upon Grantee, Grantors and their respective heirs, successors and assigns. DECLARATION OF EASEMENT Page 1 of 8 Pages and WHEREAS, the Grantor and the Grantee named herein each desire and intend that they and each of them and their respective successors in interest, transferees, assigns, lessees, tenants and invitees shall now and for all time hereafter have the unqualified right and ability to use, enjoy, occupy, improve, re-improve, construct improvements, reconstruct improvements, develop and redevelop, sell, lease, rent and otherwise deal with all premises, parcels and tracts of land which the Grantor and the Grantee, or either of their number, or their respective successors in interest, transferees, assigns, lessees, tenants and invitees, shall now or hereafter own or acquire the right to use or occupy which may at anytime benefit from the rights of use and easements created hereunder whether or not such premises, parcels and tracts of land are now owned, occupied or used by Grantor or Grantee, all to the highest and best use which may be made of said premises, parcels or tracts of land, and WHEREAS, it is the purpose of this instrument to establish and create in favor of the Grantee, perpetual non- exclusive rights and interests in the Servient Premises in every way sufficient to accomplish the desires and intent of the Grantor and Grantee above-stated and to hereby define, fix and establish in perpetuity, for the benefit of each of their number, their said successors in interest, transferees, assigns, lessees, tenants and invitees respectively, the uses and purposes for which the Servient Premises shall be committed, employed, improved and maintained without in any manner effecting conveyance of the fee title to the Servient Premises or any portion thereof, AGREEMENT In consideration of the foregoing recitals and the mutual declarations and agreements herein contained and set forth, it is hereby COVENANTED AND AGREED by and between the Grantor and the Grantee, each with the other, as follows: 1. Easement for Surface Access and Egress. The Servient Premises shall be, and are hereby, declared and subjected to a common, non-exclusive easement and right of way for surface vehicular and pedestrian access to and egress from the whole of all adjoining tracts of land now owned, or which are hereafter acquired, by the Grantor or by the Grantee, including, but not limited to, the Grantee's Premises above described, and which lie within, or, as the case may be, which lie contiguous with, any portion of the Servient Premises, the Grantee's Premises or both of said premises, whether or not any such adjoining tracts of land so owned shall, now or hereafter, be described in gross or as separate parcels or tracts; whether or not any or all of said adjoining tracts of land shall be improved or developed to any extent whatsoever, and at such time or times as the same shall be improved, developed and used, to whatever extent any or all of said adjoining tracts shall be lawfully improved, developed and used at any time in the future. The easements and rights of way established and created hereby shall run with the lands subjected thereto, and the lands benefited thereby, and shall bind and inure to the benefit of the Grantor and the Grantee and their respective heirs, successors in interest and assigns. 2. Easement for Utilities and Services. Subject to requirements, regulations, restrictions now, or at any time hereafter, lawfully imposed by duly constituted governmental authorities, the Servient Premises shall be, and are hereby, declared and subjected to a common, non-exclusive easement and right of way for the underground, surface and above-ground installation, construction, reconstruction, placement, use and maintenance of utilities services and their associated conduits, equipment, components, pipes, conductors, controls, metering and DECLARATION OF EASEMENT Page 2 of 8 Pages monitoring devices, connections, inlets, outlets, vaults, means of access and means of support whether below, on, or above the surface of the land, including, but not limited to, water service of any description; sanitary sewer collection, storage, processing, pumping andlor disposal; storm sewers, rain drains, catchment, control andlor drainage of surface and above ground runoff from lands and improvements; electric services and electricity; telecommunications of every description, fire mains and hydrants; natural gas transmission, and generally all other additional or other equipment or installations which may, from time to time, become necessary or convenient for purposes of rendering necessary utilities and services available to, and adequate for development and use of, the whole of all adjoining tracts of land now owned, or which are hereafter acquired, by the Grantor or by the Grantee, including but not limited to the Grantee's Premises above described, which lie within, or, as the case may be, which lie contiguous with any portion of the Servient Premises, the Grantee's Premises or both of said premises, whether or not any such adjoining tracts of land so owned shall be, now or hereafter, described in gross or as separate parcels or tracts; whether or not any or all of said adjoining tracts of land shall be improved or developed to any extent whatsoever, and, at such time or times as the same shall be improved, developed and used, to whatever extent any or all of said adjoining tracts shall be lawfully improved, developed and used at any time in the future. 3. Easement for Monuments, Signs and Billboards. Subject to requirements, regulations, restrictions now, or at any time hereafter, imposed by duly constituted governmental authorities, the Servient Premises described shall be, and are hereby, declared and subjected to a common, nonexclusive easement for construction, reconstruction, installation, use and maintenance of permanent monuments, signs or billboards placed solely for the purpose of identifying by name(s), address(es), activity(ies), business(es), commercial or other uses, any party or parties who may occupy any portion of any improvements placed on any land benefited by the easements established at paragraphs 1 or 2 above. PROVIDED, HOWEVER, no such monument, sign or billboard shall be placed or erected upon, or extend over or above, any improved roadway, driveways or pedestrian walkways now, or at any time hereafter, placed anywhere within, or which intersects or abuts, the boundaries of the Servient Premises; nor shall any such monument, sign or billboard be configured in such a way, or erected or placed in such location or manner, as may in any way materially interfere with, or obstruct, either: (a) free and convenient access to any improvements located upon any tract or tracts of land benefited by the easements established by paragraphs 1 or 2 above by means of any improvements made upon or to the Servient Premises or by any other means; or (b) construction, reconstruction, installation, use or maintenance of any improved roadway, driveways, pedestrian walkways, landscaping or other improvements or installations located upon, above or beneath the surface of land lying within the boundaries of the Servient Premises other than monuments, signs or billboards placed thereon; or (c) the ability of persons intending to enter onto or to depart from the Servient Premises from the public roadway which lies contiguous with the easternmost boundary thereof, to readily perceive and identify the entrance to the Servient Premises from said roadway and safely enter into, or depart from, said entrance on or by means of said public roadway. 4. Easements Appurtenant. The rights and easements described and created hereunder shall endure in perpetuity and shall be and remain appurtenant to the Grantee's Premises above-described and to any additional or other premises, parcels or tracts of land hereafter acquired by the Grantor or the Grantee as aforesaid. 5. Grants to Third Parties. Grantor expressly agrees that it will not, without the consent, joinder and agreement in writing of Grantee, voluntarily afford to any third party or parties, including, without limitation, the grantee named in the Kinder-Care Agreement its successors in interest, transferees or assigns, and the grantee named in the Eshelman Agreement, his successors in interest, transferees and assigns, any rights or interests in or affecting the Servient Premises or the easements and interests afforded the Grantee hereunder, it being DECLARATION OF EASEMENT Page 3 of 8 Pages specifically acknowledged on the part of the Grantor that any such rights or interests afforded any such third party or parties will result in irreparable harm to Grantee and Grantee's Premises herein described. G. Improvement, Maintenance and Repair of Servient Premises. The Grantor and Grantee acknowledge that by means of the Kinder-Care Agreement and the Eshelman Agreement above-mentioned, each of the grantees thereunder and their respective successors in interest and assigns, became obligated for maintenance and repair of "...the shared drive..." subject of and described in each of said agreements "...so long as the lands to the west which are benefited by the shared drive contain no more than two single family residences." The Grantor and Grantee further acknowledge that said agreements and each of them further provide as follows: In the event the lands to the west are developed to increase the vehicular burden on the shared drive, then from such time forward the cost of maintaining that portion of the shared drive constructed to the west of that point 120 feet to the west of S.W. Hall Boulevard shall be shared prorate(sic) to the amount of square footage of each parcel which.has access to S.W. Hall Boulevard through said shared drive,. . . Accordingly, the Grantor and Grantee hereby undertake and agree that, as respects that portion of any shared driveway now existing upon the Servient Premises lying within 120 feet of the easterly boundary of S.W. Hall Boulevard and with respect to that portion of any surface improvements hereafter constructed or reconstructed upon the easterly 120 feet of the Servient Premises for the purpose of vehicular access and egress only which are used by or for the benefit of the grantees named in said agreements, their successors in interest or assigns, or any of said parties, the Grantor and the Grantee shall bear the cost to maintain and repair such shared driveway and surface improvements which it is not the obligation of the grantees under said agreements to bear as aforesaid, in accordance with the formula implicit in the terms of said agreements set forth above. As respects that portion of all and any other improvements, of whatever kind or nature which are now existing or hereafter constructed or reconstructed, placed or installed on, beneath or above the surface of the Servient Premises, including, but not limited to, surface improvements provided for the purposes of vehicular access and egress only, which do not benefit, and are not used in connection with, any use or improvements occurring on premises not owned by the Grantor or the Grantee, the Grantor and the Grantee, shall share in the costs to install and construct, and to repair and maintain, any and all such other improvements in shares reasonably and fairly proportionate to the benefit conferred by such improvements on their respective lands and the improvements now, and at anytime hereafter, constructed thereon. In establishing the reasonably and fairly proportionate shares of costs to be borne by the Grantor and the Grantee as stated above, the following factors shall be applied: a. Whether the subject improvement in fact benefits the lands and improvements of the Grantor and the Grantee in the sense that such improvement is necessary in order for such lands and improvements to be used and occupied. If no such benefit is provided, no share of the costs entailed in installing and constructing and repairing and maintaining shall be borne by the owner of the lands and'improvements not benefited. b. Whether the subject improvement costs more to install or construct within or upon the Servient Premises because it benefits the lands and improvements of both parties rather than the lands and improvements of one party exclusively. If the subject improvement benefits the land and improvements of both the parties and if the costs to install or construct such improvement are not at least five percent (5%) greater than they would be if they benefited the lands and improvements of one party exclusively, then the costs to install or construct, and the costs to maintain and repair, such improvement shall be shared equally by the Grantor and Grantee. But if such costs are at least five percent (5%) greater because such improvements benefit the lands and improvements of both parties, then the cost to install or construct such improvement within or upon DECLARATION OF EASEMENT Page 4 of 8 Pages the Servient Premises for the exclusive use and benefit of the Grantor's lands and the cost to install or construct such improvements within or upon the Servient Premises for the exclusive benefit of the lands and improvements of the Grantee shall be determined and combined (added) to form the denominator of a fractional share, the numerator of which, as respects each party, shall be the cost to install or construct such improvement within or upon the Servient Premises for the exclusive benefit of such party. Such fraction shall then be used to determine each party's share of the cost to install or construct such improvement within or upon the Servient Premises as well as each party's share of the future cost to maintain or repair such improvement. c. Whether or not the necessity to maintain or repair an improvement within or upon the Servient Premises is caused or contributed to by wrongful or negligent act or omission of the Grantor or the Grantee or of any person or persons, regardless of their status as an owner, lessee, tenant, licensee, invitee or trespasser, entering, leaving, coming on to, using or occupying the lands or improvements of the Grantor or the Grantee other than the Servient Premises or some portion thereof. If maintenance or repair of an improvement within or upon the Servient Premises, or the Servient Premises themselves, is not caused by the wrongful or negligent act or omission of Grantor or Grantee or any person or persons entering, leaving, coming on to, using or occupying the lands or improvements of either the Grantor or Grantee as aforesaid, the costs of any such maintenance or repair shall be shared by the Grantor and the Grantee as described in the next preceding paragraph. Otherwise, such costs shall be borne in their entirety by the party whose wrongful or negligent acts or omissions caused or contributed to the need that such costs be incurred or by the party owning the lands or improvements subject of entering, leaving, coming on to, use or occupancy by such person or persons. d. Whether or not an improvement installed or constructed within or upon the Servient Premises requires maintenance or repair, replacement, reconstruction or upgrading due to changes in, or intensification of, uses or activities occurring upon, or development, or improvements of, the lands of the Grantor or the Grantee. If, solely by reason of such changes or intensification, an improvement previously installed or constructed within or upon the Servient Premises must be maintained, repaired, replaced, reconstructed, upgraded, relocated or otherwise modified, all costs associated with maintenance, repair, replacement, reconstruction, upgrading, relocation or other modification, including any and all resulting costs and expenses incurred with respect to other improvements affected by such actions, are to be borne by the owner of lands upon which such changes or intensified uses or activities have occurred or will occur regardless of any incidental benefits which might in the future be conferred on other lands having potential access to such improvement. However, if any such maintenance, repair, replacement, reconstruction, upgrading, relocation or other modification results in any immediate and direct enhancement of services or in the kind, quality or quantity of services or utilities, actually available to, and used or consumed on, the lands of the other party, then the costs of future maintenance or repair of such improvement shall be borne equally between the Grantor and the Grantee. 7. Taxes on Servient Premises. If the Grantor, the Grantee, or both the Grantor and Grantee, shall become obligated as the owners of lands benefited by improvements installed, constructed or used within or upon the Servient Premises, for the payment of any taxes, excises or assessments levied based on the value of such improvements or upon the rights and interests afforded under this instrument, as distinguished from the unimproved value of the real property comprising the Servient Premises, then the Grantor and the Grantee shall each respectively assume, pay and satisfy such taxes, excises or assessments promptly and before any portion thereof shall become in arrears or past due. Grantor shall fully pay and satisfy any such taxes, excises or assessments levied based on the unimproved value of the real property comprising the Servient Premises all as hereinafter prescribed: DECLARATION OF EASEMENT Page 5 of 8 Pages a. On or before the 31st day of December each year commencing with the year 1997, Grantor shall deliver to Grantee, and Grantee shall deliver to Grantor, at their respective addresses appearing on the real property tax rolls of Washington County, Oregon, a statement in writing setting forth the amount which the party delivering said statement contends such party has incurred in the way of liability for the payment of taxes, excises and/or assessments levied on or with respect to said improvements, rights and interests as aforesaid during the fiscal tax year beginning on the first day of July of such year. h. Not later than the 15th day of February of the year following the date upon which statements are to be delivered as aforesaid, each party shall deliver to the other party at the address of the other party mentioned above, a second statement setting forth the amount, if any, which the party delivering such statement claims the party to whom such statement is delivered is obligated to pay to, or reimburse, the party delivering such statement, on account of the total amount of taxes, excises and/or assessments levied on, or with respect to, said improvements, rights and interests previously paid or thereafter payable, by the party delivering such statement and claim. c. Said obligations shall be determined each year in accordance with the same factors based upon which both parties' respective shares of the costs of maintenance and repair of all improvements installed within or upon the Servient Premises would otherwise be determined on the first day of the fiscal tax year subject of such statements in accordance with the foregoing provisions of this instrument. d. If, according to the second statements exchanged by the Grantor and the Grantee as aforesaid, the net difference between the amounts, if any, each party claims the other is obligated to pay or reimburse it on account of all taxes, excises and assessments subject of such party's second statement, does not exceed the sum of one thousand dollars ($1,000.00) neither party shall be obliged to pay or reimburse the other any amount whatsoever on account of such taxes, excises and/or assessments. Otherwise, the net difference between the two amounts claimed, to the extent the same exceeds the sum of one thousand dollars, shall be paid by the party which advanced the lesser claim to the party which advanced the greater claim, or the parties shall undertake to compromise their differences, within thirty (30) days following the date both second statements shall have been delivered as aforesaid and, failing such compromise, the matter shall be submitted to binding arbitration as hereinafter described. e. In the event either the Grantor or the Grantee shall fail, neglect or refuse, for any reason whatsoever, to deliver to the other either the first or second statement at the time and in the manner above stated, then the party who delivered such statements and each of them as aforesaid shall be entitled to recover from the other party whatever amount the party delivering such statements contends, in such party's second statement, the other party is obliged to pay or reimburse the party who delivered such statements and such contention shall be deemed final, conclusive and binding on both parties for all purposes whatsoever. 8. Duty to Insure; Indemnification. At all times, the Grantor and the Grantee shall each and severally procure and maintain at their sole cost and expense, one or more policies or contracts of insurance providing coverage and indemnity, in an insured amount of not less that $1,000,000.00, for and against losses and damages claimed by or on behalf of the other party, and by third parties, including, without limitation, damages for loss, damage and depreciation of personal property, bodily injury and loss of life, arising out of the use or condition of the Servient Premises and all improvements now, or at anytime hereafter, placed, located, installed, constructed or used thereon and for any such claims arising out of the any insurable activities conducted thereon by any third party or parties employed by or on behalf of the Grantor or the Grantee for the purposes of installing, constructing, maintaining or repairing any and all such improvements. At all times, the Grantor and the Grantee shall each and severally keep and maintain at their own expense their respective interests in the Servient Premises insured DECLARATION OF EASEMENT Page 6 of 8 Pages against fire and such other risks and casualties as they may respectively, and from time-to-time, each and independently determine to insure. Provided, however, that the Grantor and the Grantee do hereby expressly agree one with the other, that they will fully indemnify and save harmless the other from, for and against all and any losses, liabilities, claims, damages and expenses, including without limitation costs of defense and attorneys' fees, which the other may at anytime suffer or incur which are caused, to the extent the same are contributed to, by the wrongful or negligent acts or omissions of their respective employees, agents, representatives, tenants, invitees, licensees, permittees, contractors, and subcontractors andlor by any casualty or occurrence for which such party might have obtained insurance commonly available at reasonable cost in relation to the magnitude of the risks insured, by reason of their respective interests in, and contractual undertakings with respect to, the Servient Premises herein described or established. 9. Arbitration. If any dispute arises between the Grantor and the Grantee hereunder, the same shall be submitted to arbitration for final and binding determination. Either the Grantor or the Grantee may request arbitration of any such dispute and appoint'one individual to act in the capacity of an arbitrator. Upon receipt of any such request for arbitration, the other party may appoint one individual to act in the capacity of an arbitrator and the two arbitrators so appointed shall appoint a third arbitrator. If the appointment of either the second or third arbitrator is not made within ten (10) days of appointment of the arbitrator previously appointed, then either the Grantor or the Grantee may apply to the presiding judge of Washington County, Oregon, to appoint the required arbitrator. The arbitrators so appointed shall proceed according to the Oregon statutes governing arbitration (currently contained in Chapter 36, Oregon Revised Statutes), and the award of the arbitrators shall have the effect therein provided. Said arbitration shall take place in Washington County, Oregon. The costs of the arbitration shall be shared equally by the parties, but each party shall pay its own attorney fees incurred in connection therewith unless otherwise determined by the award on arbitration. In the conduct of any such arbitration, each party shall have the right to conduct discovery by all and any means available to parties engaged in civil litigation then pending in the U.S. District Court for Oregon, sitting at Portland. 10. Parties Bound. This instrument and the terms and provisions herein contained shall bind, and inure to the benefit of the Grantor, the Grantee and the successors in interest, heirs, personal representatives, transferees and assigns of the Grantor and the Grantee. 11. Effects of Conflicts With Other Agreements. Insofar as the terms of this instrument may now, or at any time hereafter, be deemed or construed to conflict with the terms or provisions of any other and prior agreement or instrument purporting to fix, describe, create or establish rights and interests in the Servient Premises or any portion thereof to which the Grantor or the Grantee, or their predecessors in interest, may be parties, then to the extent possible in conformity with applicable legal and equitable principles and precedent, this instrument and the terms and provisions herein contained shall be afforded precedence, replace and supersede such conflicting terms and provisions of said prior agreement or instrument and the same shall be null, void and of no further effect whatsoever. - 12. Remoteness of Vesting; Severability. If, and in the event, any rights, interests or claims arising, or which might arise, under or which are described in, or created by, this instrument shall be deemed or construed by any court or tribunal having lawful jurisdiction to do so, to conflict with, or rendered unenforceable, unrecognizable or void by reason of, any rule of law or equity pertaining to remoteness of vesting, then such terms or provisions shall be deemed and construed enforceable and valid for so long, and to such extent, as such rule of law shall permit, and no longer or further. If any terms or provisions of this instrument shall be found invalid or unenforceable to any extent by judgment or decree of any court or tribunal having lawful jurisdiction to do so, the DECLARATION OF EASEMENT Page 7 of 8 Pages validity and enforceability of the remaining terms and provisions shall not be affected and the same shall be construed to effect the evident intent of the parties insofar as reasonably possible. IN WITNESS WHEREOF, the Grantor and the Grantee have hereunto set their signatures effective as of the latest date set forth below. BRAHMAPREMANANDA ASHRAMA, an Oregon non-profit corporation, Grantor MICHAEL J. NEDELISKY, Grantee BY Swami Viswa Premananda, President By Bharat Naik, Secretary State of Oregon, County of } s.s. This instrument was acknowledged before me on 1997, by SWAMI VISWA PREMANANDA as President of Brahmapremananda Ashrama, an Oregon non-profit corporation. Notary Public for Oregon My Commission Expires State of Oregon, County of } s.s. This instrument was acknowledged before me on 1997, by Bharat Naik as Secretary of Brahmapremananda Ashrama, an Oregon non-profit corporation. Notary Public for Oregon My Commission Expires State of Oregon, County of } s.s. This instrument was acknowledged before me on 1997, by Michael J. Nedelisky. Notary Public for Oregon My Commission Expires DECLARATION OF EASEMENT Page 8 of 8 Pages ADDITIONAL DOCUMENTS CITY Cr TIGARD DEVELOPMENT 6 SERVICES CITY OTIGARD 4411111+10 1 ,1i�i DEVELOPMENT SERVI6CES his letter is to confirm receipt of your Site Work or Bui _ ., . -;, ,,._i ation which has been forwarded to the plans examiner today for review. s a reminder, the associate land use caseis) is/are: 1 . • _ _ _ �., _ _ , r - -- - , evelop■ent Se • ._• • ., *V Ua. ■ . Dr IIli Engineeri*.- 5/2 l7—(x)/4 AFFIDAVIT OF MAILING RECEIVED PLANNING SEP 0 4 1997 STATE OF OREGON ) CITY OF TIGARD )ss. City of Tigard ) 1, Michael J. Nedelisky , being duly sworn, depose and say that on August 25, 1997 , 19 1-4- 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) 11481 SW Hall Blvd. , Tigard, Oregon 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 Pest Office located at 11481 SW Hall Blvd. , Tit. d, Oregon with postage prepaid thereon. 1141 Ale • Signature lirn the • .!ence of a Notary Public) • (THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETEINOTARIZE) Subscribed and swom/affirmed before me on the 25 day of August , 19 97 _ 11.falt*.-- OFFICIAL SEAS — ��• `s f;),-, W1 W E DE BOARD NOTARY PUBUCOREGON NOTARY PUBLIC OF OR ON COMMISSION NO c)a69s9 My Commission i VIII ^OMMISSION EXPIRES SEPT. 19, 199' Y Expires: 9/19/99 (Applicant. please complete information below for prover placement with proposed project) •NAME OF PROJECT OR PROPOSED NAME: Hall Park Office Center TYPE OF PROPOSED DEVELOPMENT: Office Building :Name of Applicant Owner Majestic Homeg s, Inc. �A dc:.-essorC-eaera?iocanonof Subject?:operry: SE1/4 Sec 35 T1SR1W, W.M Tax "Ent 11481 SW Hall Blvd. . Tigard. Oregon L coject :rpe_,-.r Ta_z MaDls)andLott(s): SE1/4 Sec. 35 T1SR1W, W.M. Tax Lot J n:`logn■castyvnasters maJ.rut AFFIDAVIT OF POSTING NOTICE RECEIVED PLANNING WITHIN SEVEN(7)CALENDAR DAYS OF THE SIGN POSTING.RETURN THIS AFFIDAVIT TO: City of Tigard..... SEP Q 4 Planning Division 1997 13125 SW Hall Boulevard''"" . . Tigard,OR 97223 CITYOFTIGARD I Michael J. Nedelisky , do affirm that I am (represent) the party initiating interest in a proposed Office Building affecting the land located at (state the approximate location(s) if no address(s) and/or tax lot(s) currently registered) 11481 SW Hall Blvd. , Tigard, Oregon , and did on the 25 day of August 19 97 personally post notice indicating that the site may be proposed for a Office Building application, and the time, date and place of a neighborhood meeting to discuss the proposal. The sign was posted at 11481 SW Hall Blvd. , Tigard, Oregon (state loin 'o you so- -s - •tice on property) kg,' it .Ii Signature (1TF press - of a Notary Public) (THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETE/NOTARIZE) Subscribed and svomiaftirmeci before me on the 25 day of August , 10 97 r,r OFFICIAL SEAL '. 4r, G�� �. ,.�� WILLIE DE BOARD ;:,, NOTARY PUBLIC-OREGON 0 ARY PUBLIC OF OREGON COMMISSION NO oa6939 My Commission Expires: I ,,VY "OMMISSION EXPIRES SEPT .19. 199t Y P s: 9/19/99 (Applicant, please complete information below for proper placement with proposed projec ) NAME OF PROJECT OR PROPOSED NAME: Hall Park Office Center TYPE OF PROPOSED DEVELOPMENT: Office Building NameofApplicanvOwner. Majestic Homes, Inc. Address or C-eneral Location of Subject Property: 11481 liW Hall Blvd. , Tigard, Oregon 11481 SW Hall Blvd. , Tigard. Oregon. LSubject Property Tax Map(s) and Lac#(s): SE 1/4 Sec. 35 T1SR1W, W.M. Tax Lot _I iv.knmkpaaywaseervalti s:st �jVVI VVJ 10/24/97 07:46 (350;1 1f25 tfl+a rnlun L1 JrU J1L DISPOSAL COMPANY P.O. Box 820 Sherwood. OR 97140 (503)625-6177 TELEPHONE: (503) 625-6177 FAX 0 (503) 625-6179 FAX (:OVEI( SHEET DATE: /0 - 2:76 -1.-7 TO: l_.0C14/(.4._ 0-42-6111 TELEPHONE: FAX NUMBER: ATTENTION;_A:Le a 140c4) ej — ---- FROM: k1 h' _ - - -- - - - -- WE ARE SENDING - PAGES (INCLUDING THIS PAGE) . IF YOU DO NOT RECEIVE ALL OF THESE PACES, PLEASE CAl.l, US AS SOON A POSSIBLE. rIIANK Yllll! 7-11 5 6-4 .t l( 42.4+ Pf" PI"S (-11 CPo, 417v,;)2"�,�� 04-s s •l Printed cm 100% recycled paper. 10/24/97 07:49 $503 825 6179 PRIDE DISPOSAL _ Z003.003 96/09/1996 14:07 5032211' WADDLE DESIGN PAGE 02 / ,. . . . w / � \ Amor, di • . 'i_ / 1:1777 Ali N(. <---/ , . + Orli' ' ___ . 4,) • 4 \ , 4• ,----1 \ • sy I .. • .10: ------ i /400 = J I .' 40°P / / At 1 , A / 11 f ‘.._,T��• w11� = I '/' 0/.� �-1�r U . /: ® „\,_R643; - . . • .- •__ \. I 4 E 1 1.:2-:_„v... „y- ‘;.............--.,./ . •. : ....p.... ..I -- / j L• I i I ••• --r---1---1-'----\ y-'---- - ' --r--- . 1 � >. `±� �� . / N _•Atiglk At �tiia1 N,„----1.0-- ��„►i/, / , Cea-olalleDesign • Planning • Architecture, AIA 1700 SW Fourth Avenue Suite 105 • Portland, Oregon 97201 LETTER OF TRANSMITTAL DATE: 2/2/98 TO: Mark Roberts RECEIVED AGENCY: City of Tigard FEB 1998 Community Development ADDRESS: 13125 SW Hall Blvd COMMUNITY DEVELOPMENT Tigard, Oregon 97223 FROM: Ben Howell RE: Hall Park Office Center COPIES DATE # DESCRIPTION 1 Site Plan - revised 1 Landscape Plan - revised 1 ea. Approval letter from Pride Disposal for trash enclosure 1 Legal descriptions: Tract 1, Tract 2, Exchange Tract and Access Easement REMARKS: Mark, The attached site plan and landscape plan are revised to conform to the conditions of site plan approval. I have discussed the site lighting with Jim Wolf, Tigard Police Dept., and have added (2) light poles with a note regarding lighting levels and a sign per our conversation. The lot line near the Southeast corner of the building is an old deed line that the surveyor has to show to locate monuments for Mike Nedelisky's property - it is not a current property line. Also, please see the site plan note concerning updated survey information. If you have any questions, please call. Thanks! COPIES TO: PHONE: 503.221.2003 FAX: 503.221.1709 , • , Wad& DESIGN PLANNING ARCHITECTURE 1700 SW 4TMI Ave.,Stile 105 Portland OR 97201 TEL(503)221-2033 FAX(503)221.1709 April 22, 1998 Paul Yannello Baugh Construction PO Box 767 Beaverton, Oregon 97075 Re: Revision #3 Hall Park Office Center Please incorporate the attached 81/2 x 11 revision sheets R3.1 through R3.5 into the construction drawings for the referenced project.A summary follows: 1. Curbs, paving and parking lot striping relocated at northwest portion of site. See sheet R3.1. 2. Landscaping relocated, added and/or deleted. See sheets R3.2 and R3.3. 3. Retaining wall at north property line deleted. Grades revised and catch basin relocated. See sheets R3.4 and R3.5. Full size sheets C1.0 and C1.1 are available for submittal to the city and/or ODOT. Any questions, please call. Sincerely, enclosures: 5 pages R3.1 through R3.5 copies to: Mike Nedelisky • ; lb • ill P+ D w13 N 257'13" E 283.41' _ 191. _ _ N - - 2 _ `J °--20' LANDSCAPE /\ �•' / �•= o BUFFER / ` !- o 1 / O ` \ N / • / /•Zil -' - _ // / // ,, // /7 // --- -- -1 111...3 owg, - O rya T \ `.. / / 69'-4' I I 3'-0T-0 co., �b './ / / /// Tl'P. of s ' .•• -----J / O / / - `\ / / / / / /! /•52'-0" R. iiii / i 4,,, , / / ///ir. 'I���Init. s?� " co,,,/ / , /r ,,c„, ss / ipt /0, s . , ,, _ , f tit / •� 4 4 ,•3• / i r / ,- ;tiff / / / . ,- 9 / / / / / ti /�. p� m ' l ///// / g :''' r 2 4// AS • / / / r / / // `/ / i /// oy • / �ti// -� / / /,ti ''''/\\ • I / --/ / : 1 I � ��/, \ �� I-141-1- PARK OFFICE CENTER R 3 . 1 °anti Puoitaitc ARaHITECnxR REVISION: MODIFY PARKING LAYOUT SCALE: I"=30'-0" A.I.A TFEAXL?5?).3�222211:M93 REFERENCE: SITE PLAN, SHEET ALl DATE: 4/15/98 . - C. : ' , / tXIS I INCC / II \ •- - . — DOUGLAS-FIR TO REMAIN 1: --SE K / ' `\Oily%� 3-ACE /D 16" EXISTING / 1 ; \�II� 4 \ ECIDUOUS TREE . - - / TO REMAIN / I �-`C°I ( �"i — 7 ECG . gU I ~' �a s ,� EXISTING NI \ 'i//� .• �j � ,►'�j OR r 1 6 / I 7 DOUGLAS-FIR / = _ � ii__t ❑ - „ 1 TO REMAIN . , ' lair 6 -1f �1�� \�� �� �� � 4-RHL 5 0 1-THU _ \II I�0.wit:, �L�,:�I -► 04. �' 3 HI_074'oc • .y �. 4 0/4...,.ov a 1 wil t 22-JUNW 9 2'oc ?..: '1�� A *:44r y� ���I`1t`► 9-ILL 4'oc• RETAINING WALL I ._ •• '••� `i` .•��:••%.!%-' �' .4, 1-FRA �II�f 1► ' •' 'i i i°•:a►••*, 1 , `11 . 1 4-RHL 6 5'o -SEE CIVIL Ail ' ,: •s,••,• 5-RNA • 610C \�ul`�•s'1 ,0!!'�. : • '` 0'M•�':•:i ; 5-POL 9 4'oc `110;x'• (6) EXISTINCIP •AN. -11r• : /2', ` '•'•' FR ��`to•TREES TO RE 226 83 r■• '• 225.'00�.0 `�� '` " 65 ARC 3-RHB �1``, REMOVED _ • �, •• 1V ' 6-R1 e 4'oc 1-FRA 00 0� \ STORM WATER C'II f.4VJ DETENTION AND \'•f��; + 1 ' ' ' �► U�. WATER QUALITY II ' , f•� r��i ±■ ,I •� 411P* SWALE ' I __ c,., ._ - ,( a' •§.' 'i..1- FIR ____-// rJ•�� .• GIDL1' U , / 50 JUNW 2 0C 1�'� 1-C (2) EXISTING .dl o 20-ARC 9 18"oc I III��`4) 3-•• TREES TO BE -.-'•r �... %©� g REMOVED 110 ••. • .DEE•IDLiaos '125-ARC 51 18"oc �'� 0/. 5- 1111 e 1-RHP 6 6'oc �� ire.\._:„.,,,,:_44, r 1-FFRA I!�•s• 2-RHB ;r:':' I n / 5-ILL.* 4'c f� i�•�A�►.'A�) 1+��G 3-JUNS 3 6' HICzH CHAIN-LINK �� �t"� �! � 1-FRA ... I:'Ari FENCE WITH DARK �, �;:�`� � �� . 1T 2-GHA GREEN VINYL SLATS � •••••�'I�Iri' � I �, �, �� A.∎!•••:• 1RHB ` ' (s ,•;.` 5-POL g 6'oc ,•%` �'3;JUNS 47 3'oc Krt., 3-COS 0 6'qd ,� 0 Si I-QUE - ��ti`4 ,, \ $� �;�i!` i�'�•i 5-ILL'' 4'0c N EXISTING y 'C•***�� 15-JUN * 2'oc y ICS►� ��o•:!i 0i-ia 1-CH4' DOUGLAS-FIR p.•.� 5-RNB 4 oc ,� TO REMAIN 2 %•:! FIR i - ;6., •;•••, g >.�_ s•:'`I 60-ARC m 18"oc - �4� I► _ F► r► 1 It „.,./,/. -, �1" ' ,' 1-4AL L PAR< OFFICE CENTER R 3 2 ARCINTECIURE REVISION: MODIFY PARKING LAYOUT SCALE: 1"=20'-0" A.I.A. �`(503) '-2003 REFERENCE: LANDSCAPE PLAN, SHEET LI.I DATE: 4/I1/9S FA1( (503) 221-1709 PLANT LIST TREES COMMON NAME SYMBOL SIZE, REMARKS ACER CIRCINATUM VINE MAPLE ACE 8' - 10' HT., MULTI-STEM CHAMAECYPARIS OBTUSA 'GRACIUS' HINOKI CYPRESS CI-1A T - 8' HT. FRAXINUS OXYCARPA 'RAYWOOD' RAYWOOD ASH FRA 2" CALIPER — •T• S AC RFO • 'B • •DG•OD' L• D•► PLANE TREE PLA 2 1/2" CALIPER /A KOELREUTERIA PANICULATA 'FASTIGATA' GOLDEN RAIN TREE —YR 2 1/2" CALIPER QUERCU G•-- A• • • •— G• - I 1 •A• QUE 2" CALIPER TN A P •-• •T• ' ST • G op • — THU 6' - l' HT. ]\ PSUEDOTSUGA MENZIEII DOUGLAS FIR PSE 1' - 8' HT. L SHRUBS CORNUS STOLONIFERA REDTWIG DOGWOOD COS 3' NT. ILLEX CRENATA 'CONVEXA' JAPANESE HOLLY ILL 2 GAL. JUNIPERUS CI-IINENSIS 'SEAGREEN' JUNIPER JUNS 2 GAL. POLYSTICHUM MUNITUM SWORD FERN POL 5 GAL. PRUNUS LAUROCERASUS 'OTTO LUYKEN' OTTO LUYKEN LAUREL PRU 3' HT. NANDINA DOMESTICA 'NANA COMPACTA' DWARF HEAVENLY BAMBOO NAN I GAL. RHODODENDRON KURUME 'SNOW' AZALEA RHK 2 GAL. RHODODENDRON MACROPHYLLUM 'ANNA ROSE WHITNEY' RHA IS" - 24" HT. RHODODENDRON MAGROPHYLLUM 'BLUE DIAMOND' RHB 12" - 18" HT. RHODODENDRON MACROPHYLLUM LODERS WHITE' RHL 18" - 24" HT. RHODODENDRON MACROPHYLLUM 'PURPLE SPLENDOR' RI-IP 15" - 24" NT. VIBURNUM DAVIDII VIBURNUM DAVIDII VIB 2 GAL. GROUND COVER ARCTOSTAPHYLOS UVA-URSI KINNIKINNICK ARC 2 1/2" POT JUNIPERUS HORIZONTAL'S 'WILTONI' BLUE CARPET JUNIPER JUNW I GAL. r 4 . ,I PALL PARK OFFICE CENTER R 3 . 3 DESIGN PLANNING ARCHITECTURE REVISION: MODIFY PARKING LAYOUT SCALE: 1"=20'-0" A.I.A. (s�oa;2222i-i00o39 REFERENCE: LANDSCAPE PLAN, SHEET LI.1 DATE: 4/11/98 % e III lb . . . • .N.- N tv./ 1...4.■,.. N -i... . 1 / c„..., 1 ii•-•1 N \I I : 1.--.+.,--4‘1.--■:S..7 ? 14' 1 Dcii• 4,S., .. 4:1 SIDE SLOPES I I ., - ... ■ ,. •. • ., ,, _._........„....... , i/ ',.-/1/11.. .. qi / •-••‘ 1%. , ,............., ili4,,, .... .- .- • , :. . ; -, Ialie% -7, SEE DETAIL inth, 114 C1.0 2.5:1 SI e SLOPE _ . , ■ _ 0. ---! I k WQ/EXTENDED DRY DETENTION tt. BASIN ...., ....-*------"--- RETAINING WALL 1 -4 : 11 l'' ° -1>i TOP OF WALL EL= 227 'i 2 --d‘' --•••... 4•.•' ----"\ , OmeseldletZ- -Iik ' .s \ '30 ' `• , 224.46 s . . ,. ., , . , I A — -• ,, , . \ . • , 24 1 —‘. 1 , , , 225 , ... '. ... ...' , .--,, ,,,"-•- FIR 1. .4.„, ...% Plk /225.85 --.,, ,• 25.4 6 . i h , \ Nrnieviio , , .. .. I 1; ittateP . -. .• Ns,' . FF22. ,' • , NN, '''-.'.... I. . . H If•N 22 ' ..----------A tt _.- a'k . / , c-- \ \ - RUA _. ,.4. _ :,, --ItCB /z , \ \----\ i \:- N'. ...--4"-......„... \ \ HP I \ , i i • ---\ I 224.90 4f* • .... . - \'■ \X ' ; .5'.A?:7.;-•'.....-z4/,.:/-,4,,..•,#, 225., 9 6%-: \ \ - 1 I 2260 22 86 / , • e 1 225.0 -, \ \ 2 ..60 ( , . ' 225.11 225.66 \ ...----- \ .--- ----. 7, HP 2 .. 0 •'' , ,/ 4`.,;.N ‘,......---- •g,,.., 225.81 1.-. i \..., :.,' , , • 26.46 • ....?(‘ . H 5 .----- — .--.-- s'.- 711174 -- - _ ----! . 4_,47, , — -- &j• CB RIM 224. 6 (1., i f;e 1..;,,NV 225.56 ( 225.16/ . ./ 7 ..._53‘.), -. '" '1--I N 26.0 \ 22X31..7 FlE, , - ,, . •...„_:.., HP i ...- ' , .. , t, ..-..- -..--_ 225.721 • WALL PARK OFFICE CENTER R 3 . 4 DESIGN PL/11446 AROIRECIURE REVISION: MODIFY PARKING LAYOUT , SCALE: I"=40'-0" FEIAX-re3i 122;--Tr°a REFERENCE: GRAD ING PLAN, SHEET CI.0 DATE: 4/22/98 •... • . , ... . • m / , . vI y . • N -._■.. 6• 1 .. ,,,. . 4 — --z" 7 • .-- I'-- ,.- r'' 1. • \ / ' k6- '... I') I I:: \ N.\1--"■,if 1.1t-- ).."--.._ '... \' js, `--, ...3‘‘ I' I . ttc up.xFp,iDucki-=.,-, ., -,„, \ • • ,: • 1 , 1 _--- -, Nis-, 1_ ,-. __JV't aut. •' .` .--‘. • — \ ENDED DRY DETENTION BASIN r 4it 7 i TFLOW STRUCTURE 1111 •• - ,1* E DETAIL ^ 224 ■Li' - *- k ;20 WV .* NN AA° , 44\ 36" STS i : • \ ' - f t.• l‘iji ‘ '''‹ A. . 9 .1 . %I.?, 40 ' ■% S= 0.001• 7 1 . . 5 40",11610`: alik/ /:01110141,6,16m. PM_.I 0045 .,...,., ,. • "--,,.,...,_ .. .• • , . STANDARD MANHOLE 72" 1■MMINV 4.1: i otAlr'ir4 t' : / ' **-0 to. 40,4 /-1. SEE DETAILS 1 A s t t •-•■14K1..ib,_,7,10.7,.. . . ',,••■ , W :.I tt11.7. 4 7 ....„,, , ,.. , s___.DS 3 .4!, ••• IE 220Xi ., ' IE 36"(E) 219.50 , .., IE 36 (NW) 219.48 g 1 1 1 ' .- e' '',. . , ‘- . • . c °C.O. '... 4. .. , .,. ., or ..- USE STANDARD MANHOLEZI ' '.."■-, „ ..N RISER ..• - ---. , ,... . „ . // • ' : .. •'. "7"7:-.- D S2' • ' 25 • \c8; ____ . . '.... --- 22075 .-,', - A . :, 9,/ ,.. . • , A ' -. • '111;:, ! . . ...., FF226. - . _____ , Abli' s fiD7w. / ,. - l',I, • , 4 ' ' . •s i'' .N., ,. 4.0 0 ,. _,--- , i •.. ' a...., i rt, ,. - , , .• k — .32- --=:. / .1 • • . . . 6" 1A \ \ \------"A \ • i ' st . ....,,,,,,. c., • .. „ ,(1 itt44 ,.- A q° 1 4 . °. _.,.,,..,. 4- Fp= \ 'g ' f - 1 : .....---' ) - 7--, 0 •• ' 4' • 64 '4z & - ' - • c7 "No/ ;DS 2(IE 222.0):.-- \ — 1-21..0 ___ _--) i N • `S% ,-- - 1 1\ • i I 44,61,1,,:/ ...:ir‘=a.,.•• 1 / 'JA . 0,6 .00 .4.; -..■ 1 __.---- \ _.--- :'27 Ilk..- ‘...12,, ,..••'i :VA. **?, ',',03 i.., RIM 2 , ■_....-- A I • , :: Ni . k90 '`u6s4 N.1-<<s - ■ 1 71,7 — a 10257" ,•- !,. t../..* , , '■41‘iitirl- o° MC.\;:46 ii- - -— '-, :,-/ _ j.°`- .)N. • ;,< W - . (hR I Ner / : 1 , !.. tr_ti 4:„,.f1.-- ,5 ,17 . 4 C 1>c- f*k • / 1 1-.),;\ 17ii 4 •i 17R-,)-7'`-:". r.,...; \r_:.; •...14k). N \'‘. .1/ . IP. cverna, 1 z : ..-. Cilr 1,1. r 4.' ., ',/. 4 •,.... -,' r I-IALL PARK OFFICE CENTER R 3 . 5 DEM PLANNING PROCEC111RE REVISION: MODIFY PARKING LAYOUT SCALE: I" 40'-0" FEIAX"r5a031 22111°7039 REFERENCE: UTILITY PLAN, SWEET C1.1 . DATE: 4/22/98 . 4/22/98 WED 13: 12 F.1\ 001 .rjnn. aU.rr. -..[.- ^-,.1.1 ...1' `.....' OWN Hl. ■...I ■.l- :'l...I ■.0 MOM- MOM ■.l- J...4- U.1 -■.l'-.. ■..I .UUS..i..al.■U...S..I- _D. GARVEY `CORPOF ATION PROJECT MANAGERS Facsimile Cover Sheet To: MARK ROBERTS Company: City of Tigard, Community Development Phone: (503) 639-4171 Fax: (503) 684-7297 From: Ryan Young Phone: (503) 827-0293 Fax: (503) 827-4898 Date: April 22, 1998 Pages including this cover page: 2 Regarding: Proposed Telecommunications Facility on SW Main Street. Project: Bonita/AT&T (OR0104-3) Comments Mark— I am planning to submit a Minor Modification letter to the City of Tigard next week for a proposal to construct a 100 foot monopole and equipment shelter. The proposed site would be located on SW Main Street — the same site where AT&T had previously received approval for their communications tower and shelter(CUP 97-0005 and VAR 97-0003). There are some critical issues, which we had discussed before, in relation to this particular site. I would appreciate your verification of the following information: 1. Because there are residential uses within 100 feet of AT&T's approved site, the height of the Nextel monopole must be setback a distance equal to the height of the tower from the base of the monopole to the property line of the residential property. The height of the tower refers to the monopole itself—not the antennas. 1700 Westlake Avenue North/Suite 430/Seattle,WA 9S109/(206)216-3355/Fax(206)298-9583 • -44/22/98 WED 13:13 FAX L 002 •1‘110 iuiir.� rrirri . MOP.. w-,aaar. -ON` • .■11111 -..r- 'IMF - ,W11147 .11111111- _WM UuI :aaa.. Q G= R V E C0141301 ATION PROJECT MANAGERS 2. As long as Nextel's does not increase the approved AT&T lease area, the 25' stream buffer that AT&T was required to meet,applies. 3. The fence will not be located in the 25' stream buffer, however, the landscaping (15% of the site) is allowed to be located in the buffer area to provide screening around the fenced lease area. 4. Any update on the delivery of your new baby girl? Thanks for your help. 1700 Westlake Avenue North/Suite 430/Seattle,WA 98109/(206)216-3355/Fax(206)298-9583 11111 411 1110 RECEIVED PLANNING • Ci? Pada7o DESIGN / PLANNING / ARCHITECTURE 7 APR 2 1998 1700 SW Fourth Avenue, Suite 105 Portland,Oregon 97201 CITY OF TIGARD TEL: 503/221-2003 FAX: 503/221-1709 T R A N S M I T T A L L E T T E R TO: MARK ROBERTS AGENCY: CITY OF TIGARD PLANNING DEPARTMENT 13125 SW HALL BLVD TIGARD, OREGON 97223 DATE: 4/24/98 FROM: BEN HOWELL RE: HALL PARK OFFICE CENTER/SDI y Onj/ TRANSMITTED VIA: MAIL MESSAGE: Mark, Please find enclosed copy of site revisions as issued to the contractor for the referenced project. The changes to the Grading and Utility plans (R3.4 and R3.5) were discussed by phone between Tony Cooper, VLMK Engineers and Paul Wirths, ODOT. Please let me know if you have any questions or comments or if you need copies of the full-size drawings. Thanks COPIES: Brian Rager Jane Estes - ODOT District 2A Office • May 19, 1998 Mr. Mike Nedelisky LN Properties LLC CITY OF TIGAR) 11806 Eastbourne Lane V Portland, OR 97236 OREGON Re: Hall Park Office Additional Tree Removal Dear Mike: This letter is in response to the consulting arborist's letter regarding additional tree removal. The City allows removal of these trees if they are on the Hall Park Office property. Approximately three weeks ago, I walked the site. Because of the size of these two adjoining trees and their proximity to approved parking spaces removal of these trees appears warranted. Verification of tree location related to the Hall Park Office property is the responsibility of the developer. Please feel free to contact me concerning this information. Sincerely, 77/46//4 • Mark Roberts Associate Planner, AICP C: SDR 97-0014 land use file is curpl n/markr/hal pkrtre.doc 13125 SW Hall Blvd., Tigard, OR 97223(503)639-4171 TDD (503)684-2772 FROM PHONE NO. : 4111 Jan. 06 1997 12:03AM P1 85-12-19913 12:31PM FROM {-fALSTEAD'S ARBORICULTURE TO 96430646 P.01 • , HALSTEAD'S ARBORICULTURE -Specialists in the care and preservation of trees" • " CONSULTANTS 8a.4d Katstosd, Consunanr B.S 7 Larrz{7 ,tkV YY C L, I • P.0.$or 1182.Tualatin,OF 97062 �•:•l 1 1`� 4r • PINone;15031 245.1353 vc.2-W4M2.0 'Q "Tp T z c cTY April 27, 1998 C47-CSI Y1 - Yl1E2 gotsE . - ►�fJ C,Or1n1 u1� ATTN.: Mr. Mike Nedelisky c LN Properties LLC L-1-CS i\S ‘141\V- O Nt-10 I ti . 1 1 1806 Eastbourne Lane Y �Us � ���� • Portland, OR 97236 � --c\i\cANIci -8 !r Reference: Tree Removal i Location: Hall Office Park CIS14°\ *INIC3j\ir3 '1 t i inspected the Douglas-fir and Cottonwood tree located within - proposed SW arkin lot for the purpose of determing the trees condition and survival probablitly in relation to the construction/excavation- • , , These two trees a lo_atted within the excavation/construction area and fit, , _ need to be remov _ If further information is needed please call. Sincerely,. . �•j ■ f Phillip hitcomb tad, CA-1 SA/PNW#0114 oc: Mr. Kevin Bruce Bough Construction 1 fx 643-0646 I i 1 ,1 . Ju•n-08-98 O1 . 46P P . 01 C?f?crddlo DESIGN / PLANNING / ARCHITECTURE 1700 SW Fourth Avenue, Suite 105 Portland,Oregon 97201 TEL: 503/221-2003 FAX: 503/221-1709 FAX COVER SHEET / MEMO TO: MARK ROBERTS AGENCY: CITY OF TIGARD PLANNING DEPARTMENT DATE: 6/8/98 FAX: 684-7297 FROM: BEN HOWELL RE: HALL PARK OFFICE CENTER Number of pages including cover sheet: 3 Message: Mark, Here's the revision as we discussed. Any questions, please call. Thanks COPIES: OPERATOR: If this transmission does not come through properly or there are missing pages, please notify us immediately for retransmission. If this fax was received in error, please notify us immediately. Thank you. . Jun-08-98 01 :46P P.02 , o ' ' N. y' \ DECIDUOUS'r', ......_....,..........\\N \N.\\\>...1..:\ /�� \ _ � }•‘4.0..,4111 I� pt / Ig DEC ti 9. .1u1�mnftwrn ntu• , 3• 1 ) .... ��• l/1I//!�♦ v MAPLE / ,4 i�` I 1 �R �. �i ® `�\ CLUSTER �i i ,. ,���\� / �� 105.32' \ {0, 11 `S9` `�7w ` `'��� ��''�. �• / FD 3/4'la 89^03'05" W -IR al! vv��S. `�, �� ///o� . EL 226.27 22� 228.96'} ?*\ 20 IS •`����.�` �•. / 87-'.8 Ws = O i� J` i��� M��� FD 3/4"IP .� O 0• 1 p 32' •'• ' p6 S,\• EL. 226.21 F e h I ..s.,,,1 -1 ' ' \ ti s?• J` I. CII#�1 0 112" ' \ 9'D. `D+ !• FIR \ - / \�` = `2•1. © \ W / \\ / AN 40" / .` .. 6 FIR \4 I / \ " O og 7. I t \— 18" \III", 1":"OuL4FPOLE FIR QQ °r / L 40" -L1 i iti , IIIVI 0 �3'-' . ;= 24'-0" 15'-0" 14'�0 am. , M N 50.00 (-- IMill SG E Y EXISTING r HOUSE 40' i m ���9M DECIDUO 1/N , IN � `_ !a ``I `� �c cD 0 a 1, \\`rt ' US / r 0 V MES H WADD �:'s 0. I �0. !,\ D •: IUS / l ' ® —"Ia ' \ ' /'/ / �Z._ �i-- o 'I RTLAN D. OREG�P�•�. 15 `;--.S' en. ji . _ NEW SIDE 0.50' X o L — " ' •I,. 77'-5" �0'_p^ o /m I I . )UP :.- lailiMMIE11.1.1.111MENIMMINIIMEIMIE 4 EXISTING 1 r1 20 7.4 A1'r'C C CAC CIACAiT � 7 I TALL PARK OFFICE CENTER R6 . 2 ►,, ,.,/e.,--. DEsa1 PUNNING. SI ARQIIEC1uRE REVISION: DRIVEWAY A EXISTING +-I0U5E SCALE: 1"=30'-0" 1� so3 221-200) DATE: 6/4/95 AA>t �3 2:,—+goo REFERENCE: SITE PLAN, SHEET AI.I ' Jun-08-98 01 :46P P. 03 r II JL 1,i.roc I, '-....2a, F/.t� �,• F4 v' ��'i DECIDUOUS \�• C. 6-COS i'oc I I '`` ♦ , `� DEC I `C 4-RNA 6'oe r . .......4.•:.:..'•' �� •i I 2-RI IB elite".-'ll rkeilig-0 \_v Or ;1C• f..;•*:-•':•(i)•fIWEE;�- � r•T��f�ii 1 N'IN- V f///,i�,. 12-NdN•2'oe r. ." . :..::: ••71Q.IS� . llj3 0 f? i i 11 . 12-ILL•4'oc - � "� A• .•.wy-i�s.w.w.w.w.w.w:w-w.w.�.css, s POL •4'oc O�/i FD 3/4"IP /Iu�11nv /II ON 0' ! !�� t�► Ac.. '- 5-RNP•4'oc •le'oe 1 42',411/g-11 El. 2-F'1 R 1_W 'ION. 4 i4r4A1Z.2'oc 6-TNU / 4141b '. N.; r 7. -N, , *PI ,,,, „fir N. :401 32' -A1�c• le"oc Cv , s>�i{�1.3'oc IR k- 1 I - 1 1 f 4�.1` f• 36-r18J •3'oc 12" , co EXISTINGa \ Pc.-/r.-��� FIR \r TREE TO BE , -,• 3-RHD•3'oc // REMOVED �a,am 1-AGE 1 40" / N. : 9-VIB•Woe FIR S 1 ' / , ■ I 1 \\ 18, 1 1` .4:VJ. 3-RHe ■ FIR �+a''� I-PRA a'01NER POLE / \ 40"n \r„ 20-ARC•18 ea ■ r 1 ‘ FIR — 1.11 / � } \ \■ II ■ 3-RI-113 ILAN r� I2-mill •3'oc hie■ 1-,-.-5:-.414. "";7 I �� ; ?p INN' 20-ARC•18"o< 30-Alec • Ie"oc IIIM 1-PRA ii imp. ___• / :) . 0 its 'I ll1 4✓] r K.:,-.‘t,... ...I 30-ARC•18'0 DECI►, /1 3-14415 �;:, � ''•;4B 3-RNA •6'oc I EXISTING !'=':A t7PE' OREGON C':�V`�`fI�/ — — WHITE OAK • !'• iv TO REMAN 3-RNS ��! i 1 s•- i ■ leg= (4)EXISTING TREES \ ODE r — �� I TO BE REMOVED A�j 1 20' r\ DEw�n•�'US i �� / l��lJ I .. FIR /) "_ -� 4,`0 '%l — (• J' ES . WAD 1 . .� ail , . 12 • 18"a �I RTLAND, ORGGO `� .yi 1ip: -PIRA . \y �� , vim;' L Oy v � ' . ��illa..- ..■. ■■■... 1�.� / . / ,: erfo''• HALL PARK OFFICE CENTER R 6 . 3 DESiGN RAMINC AROt1ECTURE REVISION: DRIVEWAY € EXISTING 3-4OUSE SCALE: I":30'-0" Xi,F` 4soal 22i1=2331 REFERENCE: LANDSCAPE Pl AN 9,- PT I 1 I r•>dT=. i IA ica 50 CITY OF TIGARD BUILDING INSPECTION NOTICE 670 -.75/ 7 lnspectio (Rec-O-Phone): 639-4175 Business Phon 9-4171 Inspection: '�-e--410 e- O` ©�1° 7 44. .� 00 tot at•; Footing Susp. Ceiling Sprink. ugh-in Appr/Sdwt Foundation Plbg. Underslab Mech. Rough-in Fireplace Post/Beam Struct. Plbg. Top Out Elec. Rough-in FINAL: Post/Beam Mech. San. Sewer Gas Line -Bldg. Plbg. Underfloor Rain Drain Framing -Plumb. Alarm Water Line Insulation -Mech. Underflr. Insul. Shear Wall/ Gyp. Bd. -Elect. Date Requested: /0// 48 Time: AM FPM Address: 11'/ / CW Oa`( O' Builder: 144%6k 1 Q(f�+ / Permit #: Rex? 72—OQ6 . THE FOLLOWING CORRECTIONS ARE REQUIRED: alY 0 CII V10 I(5-574<2 i L-& 0 s d/2—L% s"-ef-4vi l tau /5 ,Lt. / c Inspector: Mt?`'�G 't046 s Date: /40. �� APPROVED DISAPPROVED s--------"APROVED SUBJECT TO ABOVE _Call For Reinsp. 4 Post-it®Fax Note 7671 Date Pay ► To • Yat. ID //I/ • �:7i►' Co./Dept Co. G 4,62 all Phone# Phone# - 41 Fax# 7a- IMIN �►.,,M1 • • • • • 4.4 • • •