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SDR2010-00002
SDR2O1O - 00002 CLEARWIRE MONOPOLE NOTICE OF TYPE II DECISION • SITE DEVELOPMENT REVIEW (SDR) 2010-00002 !Pi a , CLEARWIRE MONOPOLE T I GARD 120 DAYS = 12/11/2010 SECTION I. APPLICATION SUMMARY FILE NAME: CLEARWIRE MONOPOLE CASE NO.: Site Development Review (SDR) SDR2010-00002 PROPOSAL: The applicant is requesting Site Development Review approval for a monopole antenna for an unmanned wireless transmission facility in a fenced, screened enclosure approximately 14 feet by 28 feet and within the 35 foot front yard setback requirement for the zone. The 100-foot tall monopole is engineered to collapse in thirds to prevent falling into the right of way in a serious seismic or wind event. The enclosure will have security gates and an equipment cabinet for the facility. APPLICANT: ClearWire,LLC OWNER: Pascuzzi Investment,LLC 4400 Carillon Point 10250 SW North Dakota Street Kirkland,WA 98033 Tigard, OR 97223 LOCATION: 10250 SW North Dakota St;Washington County Tax Map 1S135CB,Tax Lot 00200. ZONE: I-P: Industrial Park District. The I-P zoning district provides appropriate locations for combining light manufacturing, office and small-scale commercial uses, e.g., restaurants, personal services and fitness centers, in a campus-like setting. Only those light industrial uses with no off-site impacts, e.g., noise, glare, odor, vibration, are permitted in the I-P zone. In addition to mandatory site development review, design and development standards in the I-P zone have been adopted to insure that developments will be well-integrated,attractively landscaped,and pedestrian-friendly. APPLICABLE REVIEW Community Development Code Chapters 18.360, 18.390, 18.530, 18.705, 18.725, CRITERIA: 18.745, 18.755, 18.765, 18.780, 18.790, 18.795, 18.798 and 18.810. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section VI. SDR2010-00002 ClearWire Monopole Decision 090910 Page 1 of 8 • CONDITIONS OF APPROVAL 1) Prior to final building inspection, the applicant shall call the Planning Division for final inspection approval. Staff contact: Hap Watkins 503-718-2440. THIS APPROVAL SHALL BE VALID FOR EIGHTEEN (18) MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site History: Staff conducted a search of City records for the subject property and found that the site has been an industrial park use since becoming part of Tigard. A wireless tower 100 feet or less in height is required to have site development review approval in the I-P Zone. Vicinity Information: The subject site is located at 10250 SW North Dakota Street; WMTM 1S135CB, Tax Lot 00200. The property is zoned I-P as are the abutting properties. The site fronts on North Dakota Street west of the railroad crossing. Site Information and Proposal Description: The applicant is requesting Site Development Review approval to construct a 100-foot tall monopole with an ancillary equipment cabinet. The monopole is engineered to collapse in thirds to prevent falling into the right- of-way in a major seismic or wind event The wireless facility will be a 6-foot fenced area with gates within the 35-foot front yard setback as required for the I-P Zone. The fenced compound will be screened on the north and east sides with evergreen shrubs that will achieve 6 feet in height and 95% opacity within 3 years. SECTION IV. NEIGHBORHOOD COMMENTS The Tigard Community Development Code requires that property owners within 500 feet of the subject site be notified of the proposal,and be given an opportunity for written comments and/or oral testimony prior to a decision being made. In addition, staff has posted a notice centered on the frontage of the site visible from the street. No comments were received during the comment period from neighboring landowners or interested parties. SECTION V. SUMMARY OF APPLICABLE REVIEW CRITERIA A.) Zoning Districts 18.530 Industrial Zoning Districts B.) Applicable Development Code Standards 18.705 Access Egress and Circulation 18.725 Environmental Performance Standards 18.745 Landscaping and Screening 18.755 Mixed Solid Waste and Recyclable Storage 18.765 Off-Street parking and loading requirements 18.780 Signs 18.790 Tree Removal 18.795 Visual Clearance 18.798 Wireless Communication Facilities 18.810 Street and Utility Improvement Standards C.) Specific Site Development Review Approval Criteria 18.360 Site Development Review D.) Impact Study 18.390 Impact Study SDR2010-00002 ClearWire Monopole Decision 090910 Page 2 of 8 SECTION VI. APPLICABLE REVIEW CRITERIA A. ZONING DISTRICTS Industrial Zoning District: Section 18.530.020 Chapter 18.530 lists the description of the Industrial Zoning Districts. The site is located in the I-P Industrial Park zoning district. The site is presently used for light industrial businesses. The proposed use, Wireless Communication Facility and as proposed is allowed in this zone by site development review. The parent industrial use has been continuous for over 40 years. Development Standards: Section 18.530.040.B states that development standards in industrial zoning districts are contained in Table 18.530.2: TABLE 18.530.2 DEVELOPMENT STANDARDS IN INDUSTRIAL ZONES STANDARD I-P Zone Proposed Minimum Lot Size None 241,224 -Detached unit - -Boarding,lodging,rooming house Minimum Lot Width 50 ft 363 ft Minimum Setbacks -Front yard 35 ft 35 ft -Side facing street on corner&through lots 20 ft N/A -Side yard 0 ft 10 ft -Side or rear yard abutting more restrictive zoning district 50 N/A -Rear yard 0 ft 62 ft -Distance between front of garage&property line abutting a public or private street. - - Maximum Height 45 ft <45 ft Unchanged Maximum Site Coverage 75% 900/0 Unchanged Minimum Landscape Requirement 25% 10%Unchanged FINDING: As demonstrated in the table above, the proposed development complies with the underlying zone development standards, specifically the front and side yard setbacks. B. APPLICABLE DEVELOPMENT CODE STANDARDS Chapter 18.705 Access,Egress and Circulation: This chapter establishes standards and regulations for safe and efficient vehicle access and egress on a site and for general circulation within the site. The proposal is for an unmanned wireless facility that does not require an access plan. A lease has been submitted to the City showing joint use of the access when and if service is required. The access is in conformance with this chapter and will not change with this proposal. As an unmanned site, there is no requirement for a walkway to the public way. The access is not within the influence area of a collector or arterial street intersection. The standards of this chapter have been satisfied. Chapter 18.725 Environmental Performance Standards: These standards require that federal and state environmental laws, rules and regulations be applied to development within the City of Tigard. Section 18.725.030 (Performance Standards) regulates: Noise,visible emissions,vibration and odors glare and heat,and insects and rodents. Noise: For the purposes of noise regulation, the provisions of Sections 7.41.130 through 7.40.210 of the Tigard Municipal Code shall apply. SDR2010-00002 ClearWire Monopole Decision 090910 Page 3 of 8 • The only noise generating equipment will be the equipment cabinet, which has an initial output of 61 dBA at the source. The cabinet will be at least 35 feet from the nearest property line, at which point the noise level drops to less than 38 dBA,which is within the 50 dBA level allowed. There are no visible emissions,vibrations,odors,glare,or heat generated by this proposal. The wireless facility has only an equipment cabinet that is fully metal enclosed and there are no other structures that will harbor or attract rodents or insects.The site does not abut a residential property. The standards of this chapter have been satisfied. Chapter 18.745 Landscaping and Screening: The purpose of this chapter is to establish standards for landscaping,buffering and screening of land use within Tigard in order to enhance the aesthetic environmental quality of the City. Existing landscaping will be protected to the greatest extent possible. The proposal will be constructed in an area next to the building that is not landscaped. Large mature pine trees exist along the frontage of North Dakota Street and will not be affected. Street tree plantings are not required. The unmanned facility has no required parking or parking lot. The proposal is in an I-P zoned property and not adjacent to residential zoning. No buffering or screening is required under this chapter. Screening for the facility itself will be addressed under chapter 18.798 later in this decision. The standards of this chapter have been satisfied. Chapter 18.755 Mixed Solid Waste and Recyclable Storage This chapter ensures adequate space for on-site storage and efficient collection of mixed solid waste and source-separated recyclable materials prior to pick-up and removal by haulers. There is no refuse/recyclable container,as this is an unmanned facility. The standards of this chapter do not apply. Chapter 18.765 Off-Street Parking and Loading: The requirements of this chapter are intended to provide sufficient vehicle parking in close proximity to the various uses for residents, customers and employees, and to establish standards which will maintain the traffic carrying capacity of nearby streets. The proposal is for an unmanned facility and has no parking demand. The standards of this chapter do not apply. Chapter 18.780 Signs: Chapter 18.780.130.0 lists the type of allowable signs and sign area permitted in the I-P Zoning District. No application for a sign permit is included with this submittal. Signage will be reviewed and permitted under a separate application. The standards of this chapter do not apply. Chapter 18.790 Tree Removal: This chapter encourages the preservation, planting and replacement of trees in the City and requires a tree plan for developing properties. No trees will be removed by this proposal. The standards of this chapter do not apply. SDR2010-00002 ClearWire Monopole Decision 090910 Page 4 of 8 Chapter 18.795 Visual Clearance Areas: This chapter 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. The property has an existing conforming access from North Dakota Street with adequate clear vision. There are no changes proposed. The standards of this chapter do not apply. Chapter 18.798 Wireless Communication Facilities These regulations are to ensure that wireless communication facilities are regulated in a manner which minimizes visual impacts,promotes universal service to all customers, encourages collocation of facilities to minimize the number of new facilities required, ensures structural safety, ensures all providers are fairly treated, and protects neighborhood liveability. Review Criteria: Aesthetics. The monopole will be painted a non-reflective grey. No collocation was requested from notified wireless providers. Setbacks: The monopole enclosure will be setback 35 feet as required in the I-P zone. The monopole is engineered to collapse in thirds in a major seismic or wind event. Tower spacing:The monopole is now within 500 feet of an existing tower. Tower height: The monopole does not exceed 100 feet in height for a single user. T,fighting: There is no lighting proposed for the tower or facility compound. Security: The facility enclosure is a six foot cyclone mesh fence with locked gates. Landscaping And screening: The facility enclosure will be landscaped with evergreen shrubs that reach 6 feet in height and 95%opacity within three years of planting. Noise: The equipment cabinet has an initial noise output at the source of 61dBA. The cabinet will be 35 feet from the property line where the noise level drops below 38 dBA, less than that allowed for daytime (50 dBA) or nighttime (40 dBA) operation. The standards of this chapter have been satisfied. Chapter 18.810 Street And Utility Improvements Standards: This chapter provides construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. After review by the City Development Engineer it was found that the proposal does not generate traffic and no public improvements are justifiable with this application. The structure does not generate appreciable stormwater runoff or require sanitary sewer service.Therefore no public or private stormwater treatment or detention facilities are required and no connection to public sanitary sewer is required. No other infrastructure improvements are required. The standards of this chapter do not apply. FINDING: The applicable code requirements in this section have been satisfied. CONCLUSION: The application is in compliance with Part B,Applicable Development Code Standards, of this section. C. SPECIFIC SITE DEVELOPMENT REVIEW APPROVAL CRITERIA Section 18.360.090(A)(2) through 18.360.090(A)(15) provides additional Site Development Review approval criteria not necessarily covered by the provisions of the previously listed sections. These additional standards are addressed immediately below with the following exceptions: SDR2010-00002 ClearWire Monopole Derision 090910 Page 5 of 8 The proposal contains no elements related to the provisions of the following and they are, therefore, found to be not applicable as approval standards: 18.360.090.A.3 ulti Family Exterior Elevations); 18.360.090.A.5 rivacy and Noise: Multi-family or Group Living Uses); 18.360.090.A.6 rivate Outdoor Areas: Multi-family Use); 18.360.090.A.7 Shared Outdoor Recreation Areas: Multi-family Use); 18.360.090.A.8 100-year floodplain); 18.360.090.A.9 emarcation of Spaces); 18.360.090.A.10 (Crime prevention and safety);and 18.360.090.A.14 (Provision for the Disabled). The following sections were discussed elsewhere in this decision and, therefore,will not be addressed in this section: 18.360.090.A.4 (Buffering,Screening and Compatibility Between Adjoining Uses); 18.360.090.A.12 dscaping); 18.360.090.A.13 Drainage); 18.360.090.A.15 (Provisions and Regulations of the Underlying Zone). 18.360.090.A.2 Relationship to the Natural and Physical Environment: Buildings shall be: located to preserve existing trees, topography and natural drainage where possible based upon existing site conditions; located in areas not subject to ground slumping or sliding; located to provide adequate distance between adjoining buildings for adequate light, air circulation, and fire-fighting; and oriented with consideration for sun and wind. Trees shall be preserved to the extent possible. Replacement of trees is subject to the requirements of Chapter 18.790,Tree Removal. The applicant's plan and narrative have located the structure in a considerate relationship with the natural and physical environment,consistent with these standards. 18.360.090.A.11 Public Transit: Provisions within the plan shall be included for providing for transit if the development proposal is adjacent to an existing or proposed transit route. There is no transit facility or stop at or within 500 feet of the site. The proposal does not generate any traffic that would utilize public transit. The standards of this chapter do not apply. FINDING: Based on the analysis above, these specific applicable development review standards have been satisfied by the submitted plans and narrative. CONCLUSION: The application is in compliance with Part C, Specific Site Development Review Criteria, of this section. D. IMPACT STUDY Section 18.360.090 states, "The Director shall make a finding with respect to each of the following criteria when approving, approving with conditions or denying an application:" Section 18.390.040 states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standard, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. SDR2010-00002 ClearWire Monopole Decision 090910 Page 6 of 8 • 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. A project impact analysis was prepared by Steven W. Topp, AICP, and submitted as part of the proposal narrative stating the following: The proposal will have no impact on the transportation or any other public system, as the proposed use is an unmanned facility and will not generate traffic or require any other City utility. Therefore, no rational nexus can be established for public improvements or dedication of real property. The City Development Engineer concurred in his memo of 8/23/2010. There are no impacts to the city's parks facilities, water system, stormwater system or sanitary sewer systems anticipated with this application. The proposal is for a wireless communication facility and construction noise will be limited to the City of Tigard guidelines for construction hours. FINDING: The project proposal adequately addresses the impact study standards. CONCLUSION: The application is in compliance with Part D, Impact Study, of this section. SECTION VII. OTHER STAFF COMMENTS City of Tigard Building Division, Police Department, and Public Works Department:These City Offices were provided the proposal documents and had no comments or conditions regarding this land use decision. City of Tigard Development Engineer: The Development Engineer reviewed the proposal and found that no public or private infrastructure improvements are required by this proposal. SECTION VIII. AGENCY COMMENTS Clean Water Services: Clean Water Services issued a Service Provider Letter dated July 1,2010. Tualatin Valley Fire and Rescue: TVF&R did not comment on the proposal. SECTION IX. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies SDR2010-00002 ClearWire Monopole Decision 090910 Page 7 of 8 Final Decision: THIS DECISION IS FINAL ON SEPTEMBER 13,2010 AND BECOMES EFFECTIVE ON SEPTEMBER 28,2010 UNLESS AN APPEAL IS FILED. Appeal: The decision of the Director (Type II Procedure) or Review Authority (Type II Administrative Appeal or Type III Procedure) is final for purposes of appeal on the date that it is mailed. Any party with standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the notice of the decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard,Tigard, Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS AT 5:00 PM ON SEPTEMBER 27,2010. 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. (�t 1 .1 3//0 PREPARED PREPARED BY: Darrel" ap • a ns Date Assistant Planner 503-718-2440 hapatigard-or.gov 615TAA'Ci/i/H1 1 it APPROVED BY: Ronald B. Bunch Date 1 Director of Community Development SDR2010-00002 ClearWire Monopole Decision 090910 Page 8 of 8 2`\ r T:r f 1 r , �. ` r Vii. VICINITY MAP tIlli y CIS. r t .---- .-.�. ------- -_ r - F 1 SDR2010-00002 1111 iii ._ 1 _ 1 ` ` ' I CLEARWIRE MONOPOLE S. ei>nburc� r\ , TOWER V . . - . IP% \ 1 . / 1 i Il ...--- . i . n �\,... aUa ey , . tali ■) �- _ I-- a -k Rul 1 � ■ ..,...-. lr= MIIIM: . enway \\_____ i :g mi-aim = 1 II =� � ' Subject Site .\-.' ____I F1 , II 1 i „,_ .', _ ) _:_. ...„ I.? 1 .... mil....„ - TI i*J! 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NOV 100 ON ORCffiWIE OTHR moo TNl Y.MN0 auxin TO COMM SEANCES 5 12531(1 w 301(1 o REVISION City of Tigard T 1 GA RD REQUEST FOR COMMENTS DATE: August 18.2010 TO: Jim Wolf,Tigard Police Department Crime Prevention Officer RECEIVED PLANNING FROM: City of Tigard Planning Division AUG 1 U 2010 STAFF CONTACT: Hap Watkins.Assistant Planner CITYOFTlGARD Phone: (503) 718-2440 Fax: (503) 718-2748 Email: hapatigard-or.gov SITE DEVELOPMENT REVIEW (SDR) 2010-00002 - CLEARWIRE MONOPOLE TOWER - REQUEST: The applicant is requesting Site Development Review approval to erect a 100-foot tall monopole with antennae and dishes in a 14 ft. by 28 ft. fenced and screened compound. The monopole is designed to be collapsible in thirds in the event of a major seismic event. The facility will include an equipment cabinet to support transmission of wireless signals. Screening will be 6 ft. evergreen shrubs. LOCATION: 10250 SW North Dakota Street; Washington County Tax Map 1S135CB,Tax Lot 00200. ZONE: Industrial Park District. The I-P zoning district provides appropriate locations for combining light manufacturing, office and small-scale commercial uses, e.g., restaurants, personal services and fitness centers, in a campus-like setting. Only those light industrial uses with no off-site impacts, e.g., noise, glare, odors, vibration, are permitted in the I-P zone. In addition to mandatory site development review, design and development standards in the I-P zone have been adopted to insure that developments will be well-integrated,attractively landscaped,and pedestrian-friendly. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.390, 18.530, 18.705, 18.745, 18.765, 18.798 and 18.810. The Applicant's Materials are attached 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: WEDNESDAY SEPTEMBER 1. 2010. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date,please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard,OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: I We have reviewed the proposal and have no objections to it. Please contact of our office. _ Please refer to the enclosed letter or email. Written comments provided below: IName&Number of Person Commenting. J M `NO`T 0 as-(42 • MEMORANDUM TIGARD TO: Hap Watkins Assistant Planner FROM: Gus Duenas Development Engineer RE: Engineering Comments—SDR2010-0000 Clearwire Monopole Tower DATE: August 23, 2010 The applicant has submitted a land use application to erect a 100-foot tall monopole with antennae and dishes in a fenced and screened area within a lot zoned as Industrial Park. The tower is designed to be collapsible in thirds should a major seismic event occur and hence meets the setback requirement.The collapsible design is to ensure that the tower does not collapse into a public right-of-way adjacent to the lot. Because the proposed action does not generate traffic (except for possibly emergency maintenance as needed),no public improvements are justifiable with this land use application. In addition, because the structure does not generate any appreciable stormwater, or require sewer service, there are no public or private stormwater treatment or detention facilities required, and sanitary sewer connection is likewise not required. In conclusion, no public or private infrastructure improvements are required by the application as submitted. c\eng\gus\development review\land use comments\sdr\dearwire monopole tower\engineering review comments-sdr2010-00002 dearwire monopole tower.doc i\eng\gus\development review\land use comments\pdr\engineering review comments-pdr2010-00001 tigard retail centcr.doc • - City of Tigard . TIGARD REQUEST FOR COMMENTS DATE: August 18.2010 TO: PER ATTACHED FROM: City of Tigard Planning Division STAFF CONTACT: Hap Watkins,Assistant Planner Phone: (503) 718-2440 Fax: (503) 718-2748 Email:hapna.tigard-or.gov SITE DEVELOPMENT REVIEW(SDR) 2010-00002 - CLEARWIRE MONOPOLE TOWER - REQUEST: The applicant is requesting Site Development Review approval to erect a 100-foot tall monopole with antennae and dishes in a 14 ft. by 28 ft. fenced and screened compound. The monopole is designed to be collapsible in thirds in the event of a major seismic event. The facility will include an equipment cabinet to support transmission of wireless signals. Screening will be 6 ft. evergreen shrubs. LOCATION: 10250 SW North Dakota Street; Washington County Tax Map 1S135CB,Tax Lot 00200. ZONE: Industrial Park District. The I-P zoning district provides appropriate locations for combining light manufacturing, office and small-scale commercial uses, e.g.,restaurants, personal services and fitness centers, in a campus-like setting. Only those light industrial uses with no off-site impacts, e.g., noise, glare, odors, vibration, are permitted in the I-P zone. In addition to mandatory site development review, design and development standards in the I-P zone have been adopted to insure that developments will be well-integrated,attractively landscaped,and pedestrian-friendly. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.390, 18.530, 18.705, 18.745, 18.765, 18.798 and 18.810. The Applicant's Materials are attached for your review. From information supplied by various depatuments 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: WEDNESDAY SEPTEMBER 1, 2010. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date,please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard,OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. _ Please refer to the enclosed letter or email. Written comments provided below: — IName&Number of Person Commenting rITY OF TIGARD REQUEST FOr' COMMENTS NOTIFIC. .N LIST FOR LAND USE & COMMUNITY I _LOPMENT APPLICATIONS FILE NOS.: 5 2O/D- Opp a,--2_ FILE NAME:, /e P.€ /eig1c CITY OFFICES _C.D.ADMINISTRATION/Ron Bunch,CD Director X DEVELOPMENT SERVICES/Gus Duenas,Development Engineer _PUBLIC WORKS/Brian Rager,Assistant PW Director _C.D.ADMINISTRATION/Susan Hartnett,Asst.CD Director _DEVELOPMENT SERVICES/Todd Prager,Assoc.Planner/Arborist _PUBLIC WORKS/Steve Martin,Parks Manager _CITY ADMINISTRATION/Cathy Wheatley,City Recorder XBUILDING DIVISION/Mark Vandomelen,Building Official _PUBLIC WORKS/Ted Kyle,City Engineer DEVELOPMENT SERVICES/Planning-Engineering Techs. POLICE DEPARTMENT/Jim Wolf,Crime Prevention Officer _HEARINGS OFFICER(+2 sets) LONG RANGE PLANNING/Christine Damell,Code Compliance Specialist(DCA) PLANNING COMMISSION(+12 sets) -5 X FILE/REFERENCE(+2 sets) SPECIAL DISTRICTS _ TUAL.HILLS PARK&REC.DIST..X TUALATIN VALLEY FIRE&RESCUE* _ TUALATIN VALLEY WATER DISTRICT* _ CLEAN WATER SERVICES* Planning Manager North Division Administrative Office Development Services Department 1 15707 SW Walker Road John K.Dalby,Deputy Fire Marshall 1850 SW 170th Avenue David Schweitzer/SWM Program Beaverton,OR 97006 14480 SW Jenkins Road Beaverton,OR 97006 2550 SW Hillsboro Highway Beaverton,OR 97005-1152 Hillsboro,OR 97123 LOCAL AND STATE JURISDICTIONS CITY OF BEAVERTON * _ CITY OF TUALATIN • _OR.DEPT.OF FISH&WILDLIFE _OR.DIV.OF STATE LANDS _ Planning Manager Planning Manager Devin Simmons,Habitat Biologist Melinda Wood(WLUN Form Required) Steven Sparks,Dev.Svcs.Manager 18880 SW Martinazzi Avenue North Willamette Watershed District 775 Summer Street NE,Suite 100 PO Box 4755 Tualatin,OR 97062 18330 NW Sauvie Island Road Salem,OR 97301-1279 Beaverton,OR 97076 Portland,OR 97231 OR.PUB.UTILITIES COMM. METRO-LAND USE&PLANNING* _OR.DEPT.OF GEO.&MINERAL IND. 550 Capitol Street NE CITY OF DURHAM * 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380 City Manager Portland,OR 97232-2736 Portland,OR 97232 17160 SW Upper Boones Fry.Rd. _ Joanna Mensher,Data Resource Center(ZCA) _US ARMY CORPS.OF ENG. Durham,OR 97224 _ Paulette Allen,Growth Management Coordinator OR.DEPT.OF LAND CONSERV.&DVLP. Kathryn Harris(Maps&cws Letter Only) _ O.Gerald Uba,Ph.D..(cPuDCNZON) Mara Ulloa(Comp.Plan Amendments&Measure 37) Routing CENWP-OP-G _CITY OF KING CITY * 635 Capitol Street NE,Suite 150 PO Box 2946 City Manager Salem,OR 97301-2540 Portland,OR 97208-2946 15300 SW 116th Avenue King City,OR 97224 WASHINGTON COUNTY _ OR.DEPT.OF ENERGY(Pawerlines in Area) _OR.DEPT OF AVIATION(Monopole Towers) Dept.of Land Use&Transp. Bonneville Power Administration Tom Highland,Planning 155 N.First Avenue _ CITY OF LAKE OSWEGO* Routing TTRC–Attn: Renae Ferrera 3040 25th Street,SE Suite 350,MS 13 Planning Director PO Box 3621 Salem,OR 97310 Hillsboro,OR 97124 PO Box 369 Portland,OR 97208-3621 _Naomi Vogel-Beattie(General Apps Lake Oswego,OR 97034 _Planning Division(zcA)Ms 14 _ OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 * _Brent Curtis(CPA) _CITY OF PORTLAND (Notify for Wetlands and Potential Environmental Impacts) _Development Review Coordinator _Doria Mateja(zcA>MS 14 Planning Bureau Director Regional Administrator _Carl Torland, Right-of-Way Section(vacations) _Sr.Cartographer(cewgcA)MS f4 1900 SW 4th Avenue,Suite 4100 2020 SW Fourth Avenue,Suite 400 123 NW Flanders _Jim Nims,SurveyoracA)MS,s Portland,OR 97201 Portland,OR 97201-4987 Portland,OR 97209-4037 OR.PARKS&REC.DEPT. r(WA.CO.CONSOL.COMM.AGNCY _ODOT,REGION 1 -DISTRICT 2A* _ODOT,RAIL DIVISION STATE HISTORIC Dave Austin)WCCCA)"911"iMonopol.Tow.rs) Chad Gordon,Assistant District Manager (Notify if000TRJR-Hwy.Crossing is Only Access to Land) PRESERVATION OFFICE PO Box 6375 6000 SW Raab Road Dave Lanning,Sr.Crossing Safety Specialist (Notify if Property Has HD Overlay) Beaverton,OR 97007-0375 Portland,OR 97221 555-13th Street,NE,Suite 3 725 Sumner Street NE,Suite C Salem,OR 97301-4179 Salem,OR 97301 UTILITY PROVIDERS AND SPECIAL AGENCIES _PORTLAND WESTERN RJR,BURLINGTON NORTHERN/SANTA FE R/R,OREGON ELECTRIC R/R(Burlington Northern/Santa Fe R/R Predecessor) Bruce Carswell,President&General Manager 200 Hawthorne Avenue SE,Suite C320 Salem,OR 97301-5294 _SOUTHERN PACIFIC TRANS.CO.R/R _METRO AREA COMMUNICATIONS _COMCAST CABLE CORP. _TRI-MET TRANSIT DVLPMT. Clifford C.Cabe,Construction Engineer Debra Palmer(Annexations Only) Gerald Backhaus(See Maoro-Ar.acoeraw (If Project is Within 7.Mile of a Transit Route) 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Ben Baldwin,Project Planner 1 Portland,OR 97232 1815 NW 169th Place,S-6020 Beaverton,OR 97005 710 NE Holladay Street Beaverton,OR 97006-4886 Portland,OR 97232 PORTLAND GENERAL ELECTRIC _NW NATURAL GAS COMPANY —VERIZON _QWEST COMMUNICATIONS Mike Hieb Svc.Design Consultant Scott Palmer,Engineering Coord. John Cousineau,OSP Network Lynn Smith,Eng.ROW Mgr. 9480 SW Boeckman Road 220 NW Second Avenue 4155 SW Cedar Hills Blvd. 8021 SW Capitol Hill Rd,Rm 110 Wilsonville,OR 97070 Portland,OR 97209-3991 Beaverton,OR 97005 Portland,OR 97219 _TIGARD/TUALATIN SCHOOL DIST.#23J_BEAVERTON SCHOOL DIST.#48 _COMCAST CABLE CORP. _COMCAST CABLE COMMUNIC. Teri Brady,Administrative Offices Jennifer Garland,Demographics Alex Silantiev (See Mapru Argil Con■aot Brian Every(Apps ea NowN.or Sew) 6960 SW Sandburg Street 16550 SW Merlo Road 9605 SW Nimbus Avenue,Bldg. 12 10831 SW Cascade Avenue Tigard,OR 97223-8039 Beaverton,OR 97006-5152 Beaverton,OR 97008 Tigard,OR 97223-4203 * INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN 500'OF THE SUBJECT PROPERTY FOR ANY/ALL CITY PROJECTS (Project Planner Is Responsible For Indicating Parties To Notify). h:\patty\masters\Request For Comments Notification List.doc (UPDATED: 8-Mar-10) (Also update:is\curpin\setup\labels\annexations\annexation_utilities and franchises.doc,mailing labels&auto text when updating this document) MAILING / NOTIFICATION RECORDS AFFIDAVIT OF MAILING Er I, Patricia L. Lunsford,being first duly sworn/affirm,on oath depose and say that I am a Planning Assistant for the City of Tigard, Washington County,Oregon and that I served the following: {Check Appmprvre Box(s)Below) © NOTICE OF DECISION FOR SDR2010-00002/CLEARWIRE MONOPOLE TOWER (File No Reference) AMENDED NOTICE City of Tigard Planning Director A copy of the said notice being hereto attached,marked Exhibit"A",and by reference made a part hereof,was mailed to each named person(s) at the address(s) shown on the attached list(s),marked Exhibit"B",and by reference made a part hereof,on September 13,2010,and deposited in the United States Mail on September 13,2010,postage prepaid. 41gfj77a ) (Person tha P.'.ared Notice) STATE OF OREGON County of Washington ss. City of Tigard - Subscribed and sworn/affirmed before me on the I(0 day of SEP,k e — ,2010. • OFFICIAL SEAL SHIRLEY L TREAT NOTARY PUBLIC-OREGON �� /�� COMMISSION NO.418777 (,1'l.�-u/I MY COMMISSION EXPIRES APRIL 25,2011 N TARY P C OF OREGON My Commission Expires: 4/al-it/ EXHIWk. NOTICE OF TYPE II DECISION • SITE DEVELOPMENT REVIEW (SDR) 2010-00002 11 . CLEARWIRE MONOPOLE TIGARD 120 DAYS = 12/11/2010 SECTION I. APPLICATION SUMMARY FILE NAME: CLEARWIRE MONOPOLE CASE NO.: Site Development Review(SDR) SDR2010-00002 PROPOSAL: The applicant is requesting Site Development Review approval for a monopole antenna for an unmanned wireless transmission facility in a fenced,screened enclosure approximately 14 feet by 28 feet and within the 35 foot front yard setback requirement for the zone. The 100-foot tall monopole is engineered to collapse in thirds to prevent falling into the right of way in a serious seismic or wind event. The enclosure will have security gates and an equipment cabinet for the facility. APPLICANT: ClearWire,LLC OWNER: Pascuzzi Investment,LLC 4400 Carillon Point 10250 SW North Dakota Street Kirkland,WA 98033 Tigard, OR 97223 LOCATION: 10250 SW North Dakota St;Washington County Tax Map 1S135CB,Tax Lot 00200. ZONE: I-P: Industrial Park District. The I-P zoning district provides appropriate locations for combining light manufacturing, office and small-scale commercial uses, e.g., restaurants, personal services and fitness centers, in a campus-like setting. Only those light industrial uses with no off-site impacts, e.g., noise, glare, odor, vibration, are permitted in the I-P zone. In addition to mandatory site development review, design and development standards in the I-P zone have been adopted to insure that developments will be well-integrated,attractively landscaped,and pedestrian-friendly. APPLICABLE REVIEW Community Development Code Chapters 18.360, 18.390, 18.530, 18.705, 18.725, CRITERIA: 18.745, 18.755, 18.765, 18.780, 18.790, 18.795, 18.798 and 18.810. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section VI. a SDR2010-00002 ClearWire Monopole Decision 090910 Page 1 of 8 CONDITIONS OF APPROVAL 1) Prior to final building inspection, the applicant shall call the Planning Division for final inspection approval. Staff contact: Hap Watkins 503-718-2440. THIS APPROVAL SHALL BE VALID FOR EIGHTEEN(18) MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site History: Staff conducted a search of City records for the subject property and found that the site has been an industrial park use since becoming part of Tigard. A wireless tower 100 feet or less in height is required to have site development review approval in the I-P Zone. Vicinity Information: The subject site is located at 10250 SW North Dakota Street; WMTM 1S135CB, Tax Lot 00200. The property is zoned I-P as are the abutting properties. The site fronts on North Dakota Street west of the railroad crossing. Site Information and Proposal Description: The applicant is requesting Site Development Review approval to construct a 100-foot tall monopole with an ancillary equipment cabinet. The monopole is engineered to collapse in thirds to prevent falling into the right- of-way in a major seismic or wind event The wireless facility will be a 6-foot fenced area with gates within the 35-foot front yard setback as required for the I-P Zone. The fenced compound will be screened on the north and east sides with evergreen shrubs that will achieve 6 feet in height and 95%opacity within 3 years. SECTION IV. NEIGHBORHOOD COMMENTS The Tigard Community Development Code requires that property owners within 500 feet of the subject site be notified of the proposal,and be given an opportunity for written comments and/or oral testimony prior to a decision being made. In addition, staff has posted a notice centered on the frontage of the site visible from the street. No comments were received during the comment period from neighboring landowners or interested parties. SECTION V. SUMMARY OF APPLICABLE REVIEW CRITERIA A.) Zoning Districts 18.530 Industrial Zoning Districts B.) Applicable Development Code Standards 18.705 Access Egress and Circulation 18.725 Environmental Performance Standards 18.745 Landscaping and Screening 18.755 Mixed Solid Waste and Recyclable Storage 18.765 Off-Street parking and loading requirements 18.780 Signs 18.790 Tree Removal 18.795 Visual Clearance 18.798 Wireless Communication Facilities 18.810 Street and Utility Improvement Standards C.) Specific Site Development Review Approval Criteria 18.360 Site Development Review D.) Impact Study 18.390 Impact Study SDR2010-00002 ClearWire Monopole Decision 090910 Page 2 of 8 • SECTION VI. APPLICABLE REVIEW CRITERIA A. ZONING DISTRICTS Industrial Zoning District: Section 18.530.020 Chapter 18.530 lists the description of the Industrial Zoning Districts. The site is located in the I-P Industrial Park zoning district. The site is presently used for light industrial businesses. The proposed use, Wireless Communication Facility and as proposed is allowed in this zone by site development review.The parent industrial use has been continuous for over 40 years. Development Standards: Section 18.530.040.B states that development standards in industrial zoning districts are contained in Table 18.530.2: TABLE 18.530.2 DEVELOPMENT STANDARDS IN INDUSTRIAL ZONES STANDARD I-P Zone Proposed Minimum Lot Size None 241,224 -Detached unit - -Boarding,lodging,rooming house Minimum Lot Width 50 ft 363 ft Minimum Setbacks -Front yard 35 ft 35 ft -Side facing street on corner&through lots 20 ft N/A -Side yard 0 ft 10 ft -Side or rear yard abutting more restrictive zoning district 50 N/A -Rear yard 0 ft 62 ft -Distance between front of garage&property line abutting a public or private street. - - Maximum Height 45 ft <45 ft Unchanged Maximum Site Coverage 75% 90%Unchanged Minimum Landscape Requirement 25% 10%Unchanged FINDING: As demonstrated in the table above, the proposed development complies with the underlying zone development standards, specifically the front and side yard setbacks. B. APPLICABLE DEVELOPMENT CODE STANDARDS Chapter 18.705 Access,Egress and Circulation: This chapter establishes standards and regulations for safe and efficient vehicle access and egress on a site and for general circulation within the site. The proposal is for an unmanned wireless facility that does not require an access plan. A lease has been submitted to the City showing joint use of the access when and if service is required. The access is in conformance with this chapter and will not change with this proposal. As an unmanned site, there is no requirement for a walkway to the public way. The access is not within the influence area of a collector or arterial street intersection. The standards of this chapter have been satisfied. Chapter 18.725 Environmental Performance Standards: These standards require that federal and state environmental laws, rules and regulations be applied to development within the City of Tigard. Section 18.725.030 (Performance Standards) regulates: Noise,visible emissions,vibration and odors glare and heat,and insects and rodents. Noise: For the purposes of noise regulation, the provisions of Sections 7.41.130 through 7.40.210 of the Tigard Municipal Code shall apply. SDR2010-00002 ClearWire Monopole Decision 090910 Page 3 of 8 • • The only noise generating equipment will be the equipment cabinet,which has an initial output of 61 dBA at the source. The cabinet will be at least 35 feet from the nearest property line, at which point the noise level drops to less than 38 dBA,which is within the 50 dBA level allowed. There are no visible emissions,vibrations,odors,glare,or heat generated by this proposal.The wireless facility has only an equipment cabinet that is fully metal enclosed and there are no other structures that will harbor or attract rodents or insects.The site does not abut a residential property. The standards of this chapter have been satisfied. Chapter 18.745 Landscaping and Screening: The purpose of this chapter is to establish standards for landscaping,buffering and screening of land use within Tigard in order to enhance the aesthetic environmental quality of the City. Existing landscaping will be protected to the greatest extent possible. The proposal will be constructed in an area next to the building that is not landscaped. Large mature pine trees exist along the frontage of North Dakota Street and will not be affected. Street tree plantings are not required. The unmanned facility has no required parking or parking lot. The proposal is in an I-P zoned property and not adjacent to residential zoning. No buffering or screening is required under this chapter. Screening for the facility itself will be addressed under chapter 18.798 later in this decision. The standards of this chapter have been satisfied. Chapter 18.755 Mixed Solid Waste and Recyclable Storage This chapter ensures adequate space for on-site storage and efficient collection of mixed solid waste and source-separated recyclable materials prior to pick-up and removal by haulers. There is no refuse/recyclable container,as this is an unmanned facility. The standards of this chapter do not apply. Chapter 18.765 Off-Street Parking and Loading: The requirements of this chapter are intended to provide sufficient vehicle parking in close proximity to the various uses for residents, customers and employees, and to establish standards which will maintain the traffic carrying capacity of nearby streets. The proposal is for an unmanned facility and has no parking demand. The standards of this chapter do not apply. Chapter 18.780 Signs: Chapter 18.780.130.0 lists the type of allowable signs and sign area permitted in the I-P Zoning District. No application for a sign permit is included with this submittal. Signage will be reviewed and permitted under a separate application. The standards of this chapter do not apply. Chapter 18.790 Tree Removal: This chapter encourages the preservation,planting and replacement of trees in the City and requires a tree plan for developing properties. No trees will be removed by this proposal. The standards of this chapter do not apply. SDR2010-00002 ClearWire Monopole Decision 090910 Page 4 of 8 • • Chapter 18.795 Visual Clearance Areas: This chapter 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. The property has an existing conforming access from North Dakota Street with adequate clear vision. There are no changes proposed. The standards of this chapter do not apply. Chapter 18.798 Wireless Communication Facilities These regulations are to ensure that wireless communication facilities are regulated in a manner which minimizes visual impacts,promotes universal service to all customers, encourages collocation of facilities to minimize the number of new facilities required, ensures structural safety, ensures all providers are fairly treated, and protects neighborhood liveability. Review Criteria: Aesthetics. The monopole will be painted a non-reflective grey. No collocation was requested from notified wireless providers. Setbacks: The monopole enclosure will be setback 35 feet as required in the I-P zone. The monopole is engineered to collapse in thirds in a major seismic or wind event. Tower spacing: The monopole is now within 500 feet of an existing tower. Tower height: The monopole does not exceed 100 feet in height for a single user. Lighting. There is no lighting proposed for the tower or facility compound. Security: The facility enclosure is a six foot cyclone mesh fence with locked gates. Landscaping And screening: The facility enclosure will be landscaped with evergreen shrubs that reach 6 feet in height and 95%opacity within three years of planting. Noise: The equipment cabinet has an initial noise output at the source of 61dBA.The cabinet will be 35 feet from the property line where the noise level drops below 38 dBA, less than that allowed for daytime (50 dBA) or nighttime (40 dBA)operation. The standards of this chapter have been satisfied. Chapter 18.810 Street And Utility Improvements Standards: This chapter provides construction standards for the implementation of public and private facilities and utilities such as streets,sewers, and drainage. After review by the City Development Engineer it was found that the proposal does not generate traffic and no public improvements are justifiable with this application. The structure does not generate appreciable stormwater runoff or require sanitary sewer service.Therefore no public or private stormwater treatment or detention facilities are required and no connection to public sanitary sewer is required. No other infrastructure improvements are required. The standards of this chapter do not apply. FINDING: The applicable code requirements in this section have been satisfied. CONCLUSION: The application is in compliance with Part B,Applicable Development Code Standards, of this section. C. SPECIFIC SITE DEVELOPMENT REVIEW APPROVAL CRITERIA Section 18.360.090(A)(2) through 18.360.090(A)(15) provides additional Site Development Review approval criteria not necessarily covered by the provisions of the previously listed sections. These additional standards are addressed immediately below with the following exceptions: SDR2010-00002 ClearWire Monopole Decision 090910 Page 5 of 8 The proposal contains no elements related to the provisions of the following and they are,therefore, found to be not applicable as approval standards: 18.360.090.A.3 ulti Family Exterior Elevations); 18.360.090.A.5 rivacy and Noise: Multi-family or Group Living Uses); 18.360.090.A.6 rivate Outdoor Areas: Multi-family Use); 18.360.090.A.7 Shared Outdoor Recreation Areas: Multi-family Use); 18.360.090.A.8 100-year floodplain); 18.360.090.A.9 emarcation of Spaces); 18.360.090.A.10 (Crime prevention and safety);and 18.360.090.A.14 (Provision for the Disabled). The following sections were discussed elsewhere in this decision and, therefore, will not be addressed in this section: 18.360.090.A.4 (Buffering,Screening and Compatibility Between Adjoining Uses); 18.360.090.A.12 (Landscaping); 18.360.090.A.13 (Drainage); 18.360.090.A.15 (Provisions and Regulations of the Underlying Zone). 18.360.090.A.2 Relationship to the Natural and Physical Environment: Buildings shall be: located to preserve existing trees, topography and natural drainage where possible based upon existing site conditions; located in areas not subject to ground slumping or sliding; located to provide adequate distance between adjoining buildings for adequate light, air circulation, and fire-fighting; and oriented with consideration for sun and wind. Trees shall be preserved to the extent possible. Replacement of trees is subject to the requirements of Chapter 18.790,Tree Removal. The applicant's plan and narrative have located the structure in a considerate relationship with the natural and physical environment,consistent with these standards. 18.360.090.A.11 Public Transit: Provisions within the plan shall be included for providing for transit if the development proposal is adjacent to an existing or proposed transit route. There is no transit facility or stop at or within 500 feet of the site. The proposal does not generate any traffic that would utilize public transit. The standards of this chapter do not apply. FINDING: Based on the analysis above, these specific applicable development review standards have been satisfied by the submitted plans and narrative. CONCLUSION: The application is in compliance with Part C, Specific Site Development Review Criteria, of this section. D. IMPACT STUDY Section 18.360.090 states, "The Director shall make a finding with respect to each of the following criteria when approving, approving with conditions or denying an application:" Section 18.390.040 states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standard, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. SDR2010-00002 ClearWire Monopole Decision 090910 Page 6 of 8 • • 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. A project impact analysis was prepared by Steven W. Topp, AICP, and submitted as part of the proposal narrative stating the following: The proposal will have no impact on the transportation or any other public system, as the proposed use is an unmanned facility and will not generate traffic or require any other City utility. Therefore, no rational nexus can be established for public improvements or dedication of real property.The City Development Engineer concurred in his memo of 8/23/2010. There are no impacts to the city's parks facilities, water system, stormwater system or sanitary sewer systems anticipated with this application. The proposal is for a wireless communication facility and construction noise will be limited to the City of Tigard guidelines for construction hours. FINDING: The project proposal adequately addresses the impact study standards. CONCLUSION: The application is in compliance with Part D,Impact Study,of this section. SECTION VII. OTHER STAFF COMMENTS City of Tigard Building Division,Police Department,and Public Works Department•.These City Offices were provided the proposal documents and had no comments or conditions regarding this land use decision. City of Tigard Development Engineer: The Development Engineer reviewed the proposal and found that no public or private infrastructure improvements are required by this proposal. SECTION VIII. AGENCY COMMENTS Clean Water Services: Clean Water Services issued a Service Provider Letter dated July 1,2010. Tualatin Valley Fire and Rescue: TVF&R did not comment on the proposal. SECTION IX. PROCEDURE AND APPEAL INFORMATION otice: Notice was posted at City Hall and mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies SDR2010-00002 ClearWire Monopole Decision 090910 Page 7 of 8 Final Decision: THIS DECISION IS FINAL ON SEPTEMBER 13,2010 AND BECOMES EFFECTIVE ON SEPTEMBER 28,2010 UNLESS AN APPEAL IS FILED. Appeal: The decision of the Director (Type II Procedure) or Review Authority (Type II Administrative Appeal or Type III Procedure) is final for purposes of appeal on the date that it is mailed. Any party with standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10)business days of the date the notice of the decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard,Tigard,Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing,subject to any additional rules of procedure that may be adopted from time to time by the appellate body. TTHE DEADLINE FOR FILING AN APPEAL IS AT 5:00 PM ON SEPTEMBER 27,2010. 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. i toC ' / . 9/1 3 4) PREPARED BY: Darrel" ap � a s Date Assistant Planner 503-718-2440 hap( .tigard-or.gov fzioyd_cat615 _ 1,çjf APPROVED BY: Ronald B. Bunch Director of Community Development SDR2010-00002 ClearWire Monopole Decision 090910 Page 8 of 8 I f 1 � � ��� �� �'Jr �' VICINITY MAP Y l gill 1% ,y ~ `�` � 1 SDR2010-00002 11 �� i p ® 'i• + CLEARWIRE MONOPOLE ,ufq \ 4i. - TOWER IFIA S. l t..as'Masi.irmAlin■�i - ���� ,' z ,�� H1 k w t.. t; - _,L,, . _ 'rim H 1.11= 1 Rim fit. �� , t. .nwnr __ z3= = Subject Site y Ft ___1, 0,. 111 I J RN J -` I I ♦. _ 1 11 _ 11 Ek ---1_- ► I I - Alb - N ..-i„,,...... -7 N..1 ilball I, — ■=~ �I� I Information on this map is for general location only and should be verified with the Development 1 Ii1_1:11 ! 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ENL ARGF_D SITE PLAN I I A Sc RPOIPPATOR COMP.RI ORS 11T OP COMPOUCMOI 000.004 IS PWRIETANY if WINK MT uSE OM 0154,010.OTHER OPP DOD PAR0 IICIATP TO CARPER MAIM 111101MCILE 111011110). II REVISION • • Pascuzzi Investment,LLC SDR2010-00002 10250 SW North Dakota St. CLEARWIRE MONOPOLE TOWER Tigard,OR 97223 EXHIHII1 ClearWire, LLC 4400 Carillon Point Kirkland,WA 98033 AFFIDAVIT OF MAILING I, Patricia L. Lunsford, being first dulysworn/affirm,on oath depose and say that I am a Planning Assistant for the City of Tigard, Washington County, Oregon and that I served the following: 1 h,tk Aq,npvinr lM S(,(H k,w © NOTICE OF DECISION FOR SDR2010-00002/C LEARWIRE MONOPOLE TOWER (File No./Name Reference) AMENDED NOTICE City of Tigard Planning Director A copy of the said notice being hereto attached,marked Exhibit"A",and by reference made a part hereof,was mailed to each named person(s) at the address(s) shown on the attached list(s),marked Exhibit"B",and by reference made a part hereof,on September 13,2010,and deposited . s e United States Mail on September 13,2010,postage prepaid. i ( (Person that P .a ared otice) STATE OF OREGON County of Washington ss. City of Tigard O Subscribed and sworn/affirmed before me on the 1�� day of ,SEPT-E1-05C10--- ,2010. OFFICIAL SEAL NOTARY PUBLIC-SHIRLEY L TREAT_ s- COMMISSION NO.418777 L� MY COMMISSION EXPIRES APRIL 25.2011 NOTARY P LIC OF OREGON My Commission Expires: t// - 1i EXHIBIT A NOTICE OF TYPE II DECISION SITE DEVELOPMENT REVIEW (SDR) 2010-00002 CLEARWIRE MONOPOLE 120 DAYS = 12/11/2010 SECTION I. APPLICATION SUMMARY FILE NAME: CLEARWIRE MONOPOLE CASE NO.: Site Development Review(SDR) SDR2010-00002 PROPOSAL: The applicant is requesting Site Development Review approval for a monopole antenna for an unmanned wireless transmission facility in a fenced, screened enclosure approximately 14 feet by28 feet and within the 35 foot front yard setback requirement for the zone. The 100-foot tall monopole is engineered to collapse in thirds to prevent falling into the right of way in a serious seismic or wind event. The enclosure will have security gates and an equipment cabinet for the facility. APPLICANT: ClearWire,LLC OWNER Pascu77i Investment,LLC 4400 Carillon Point 10250 SW North Dakota Street Kirkland,WA 98033 Tigard,OR 97223 LOCATION: 10250 SW North Dakota St;Washington County Tax Map 1S135CB,Tax Lot 00200. ZONE: I-P: Industrial Park District. The I-P zoning district provides appropriate locations for combining light manufacturing, office and small-scale commercial uses, e.g., restaurants, personal services and fitness centers, in a campus-like setting. Only those light industrial uses with no off-site impacts, e.g., noise, glare, odor, vibration, are permitted in the I-P zone. In addition to mandatory site development review, design and development standards in the I-P zone have been adopted to insure that developments will be well-integrated, attractively landscaped,and pedestrian-friendly. APPLICABLE REVIEW Community Development Code Chapters 18.360, 18.390, 18.530, 18.705, 18.725, 18.745, CRITERIA: 18.755, 18.765, 18.780, 18.790, 18.795, 18.798 and 18.810. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted in the full decision, available at City Hall. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. All documents and applicable critena in the above-noted file are available for inspection at no cost or copies can be obtained for twenty-five cents (250 per page,or the current rate charged for copies at the time of the request. SECTION III. PROCEDURE AND APPEAL INFORMATION Notice: Notice mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON SEPTEMBER 13, 2010 AND BECOMES EFFECTIVE ON SEPTEMBER 28, 2010 UNLESS AN APPEAL IS FILED. eal: The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as_provided in Section 18.390.040.G.1 may appeal this decision in accordance with Section 18.390.040.G.2 of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard,Tigard,Oregon 97223. Unless the applicant is the appellant,the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues.properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing,subject to any additional rules of procedure that maybe adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON SEPTEMBER 27, 2010. Questions: For further information please contact the Planning Division Staff Planner, Darrel "Flap" Watkins at (503) 718-2440,Tigard City Hall, 13125 SW Hall Boulevard,Tigard,Oregon 97223. '�ra�:,t �Th VICINITY MAP )41111,0 3DR2010-00007 MINN HIIIIIf �1! CLEARWIRE MONOPOLE TOWER pm, pti...if,.,11 rinel Alz 111. r rke �a UlkilliallEAU RAI 1M r""1"-..-r.gel - lir=11_'=���' .rl:r.�n..roil_- Ins ,... lI ' !I .ii1:1 i��u■■,11,_,,,,-„ II= ill gr�_/1 :S : �ripszla infiai __E■■1 X 1R — iiy `-. Feet .,,,,.,,,,,,,,. L4 El E I I Nail NN.S4,74747,TO4 0- - 1''I r gi a low OA _Ili:��,- ` " .i'— —_. i ./+a.A..— clear w're.• RECEIVED u J 0 0 �._ AUG 052010 7 —_. . __ ......2.--.. __3att= CITY OF TIGARD PLANMW,,/ENGINEENINO i; .k ;' ''� OMMINIIINIIIII _ -- — r="---44-2' 95'"./,0pt'r'4y u{(,." -,nr A�°.. ,? aas+w-49 '(1 `', rWm1.1s,ui,lresApl,?f - — — --_', ash. •'af . $w® M► — a '7.7— — O.3WAL• ' N _—a ®aagrar• . �Tas t ♦:.i ,,j 1 .......,.;',7—', A7 REVISION t , 1S135CA00800 1 134DA1000 ANDEREGG JOINT LIVING TRUST DA TA DOWS HOMEOWNERS ASSOC BY ANDEREGG,FRED CHARLES/BEULAH CO , 00 S 212 CLAC KA MAS,OR 97015 EXHIBIT LAC 1S134DA09100 1 134DA098'' BROOKER,RICHARD I DA •TA ADOWS HOMEOWNERS ASSOC 11380 SW THUNDER TER , 0011•1 TIGARD,OR 97223 1S134DA08700 1 134DA10•10 BROWNBRIDGE,ROBERT D DA' •T• ADOWS HOMEOWNERS ASSOC 11321 SW BUFFALO PL , (we, TIGARD,OR 97223 1 S 134DA07500 134DA0•!10 BUTORI, EUGENE R TRUST& DA •T' EADOWS HOMEOWNERS ASSOC BUTORI,VIRGINIA A CREDIT SHELTER T , 010.1 BY BUTORI, EUGENE F TR 7645 SW CEDAR PORTLAND,OR 97225 1S134DA08500 1 134DA10 :0 CABALLERO,RENEE A& DA' •T. EADOWS HOMEOWNERS ASSOC NORMANDIN,KRISTINE , 0•.11 11301 SW BUFFALO PL TIGARD,OR 97223 1S135BC00700 1 134DA10 :0 CH REALTY III/PORTLAND INDUSTRIA DA •T• EADOWS HOMEOWNERS ASSOC BY THOMSON PROFESSIONAL®ULATOR , 0'40 CONTROLLING OWNER OF ePROPERTYTA PO BOX 4900 SCOTTSDALE,AZ 85261 34DA09 0 134DA 00 DAK ADOWS HOMEOWNERS ASSN DA MEADOWS HOMEOWNERS ASSOC , 00 0 1 134DA095 0 1S134DA09 •. DA ADOWS HOMEOWNERS ASSN I KOT EADOWS OWNERS OF , 000 LO -25 4DA097 1S134DA06900 DAK ADOWS HOMEOWNERS ASSN DEVE,PAUL M 000 11221 SW BUFFALO PL TIGARD,OR 97223 134DA09 0 1S134DA07400 DA T EADOWS HOMEOWNERS ASSN DONALDSON,TERRY , 00 11220 SW BUFFALO PL TIGARD,OR 97223 t � 1S134DA07700 1S134DA00100 DORAN,PATRICK R& LUSK,LINDA D LIV TRUST DORAN,MARIAN S LINDA D LUSK TR 4155 NW WIDGEON PL 1025 NW COUCH ST#1415 CORVALLIS, OR 97330 PORTLAND,OR 97209 1S135CB00400 1S135BC01200 GABRIEL INVESTMENT LLC MBM HOLDING COMPANY LLC 10250 SW NORTH DAKOTA ST 659 NW PACIFIC GROVE DR TIGARD,OR 97223 BEAVERTON,OR 97006 1. 35CB0058• 1S135CB00700 GAB- L • ESTMENT LLC MCCALL OIL 1025s •RTH DAKOTA ST CHEMICAL CORPORATION TI►.•RD,OR 97223 BY NED MCCALL 5480 NW FRONT AVE PORTLAND,OR 97210 1S134DA08000 1S135CB00600 GAUTHIER,ROCHELLE MCCALL PROPERTIES LLC 11280 SW BUFFALO PL 5480 NW FRONT AVE TIGARD,OR 97223 PORTLAND,OR 97210 1S134DA08200 1S134DA05300 HILL,BRYAN K& MILLER,ANDREW J&TRACI L MATTSON, PAUL G 11252 SW 105TH PL 11310 SW BUFFALO PL TIGARD,OR 97223 TIGARD,OR 97223 1S134DA07100 1S134DA05400 HUGHES,JANICE M MILLS,DONALD R AND NANCY ANN 11201 SW BUFFALO PL 11310 SW 105TH PL TIGARD,OR 97223 TIGARD,OR 97223 1S134DA08600 1S134DA08900 KUMAR.SANDEEP& MURRAY,DAVID S KUMAR,SURENDRA 11350 SW THUNDER TER 11311 SW BUFFALO PL TIGARD,OR 97223 TIGARD,OR 97223 1S134DA08400 1S134DA07800 LAFFERTY,BRANDON P MYERS,JUSTIN J& 11330 SW BUFFALO PL MYERS,LISA L TIGARD,OR 97223 6641 SW 19TH PORTLAND,OR 97239 1S134DA07200 1S135CB00100 LITTLE,LAURA L NATIONAL SAFETY COMPANY 11200 SW BUFFALO PL 17010 SW WEIR RD TIGARD,OR 97223 BEAVERTON,OR 97007 1S134DA05500 135C800101 LUPOLI,BRENDA J NA AL ETY COMPANY 11348 SW 105TH PL 17010 IR RD TIGARD,OR 97223 ERTON,OR 97007 I r 1S134DA07000 1S135CA00900 NUTTING,JONATHAN P JR ROGERS,ALICE M 11211 SW BUFFALO PL 11335 SW GREENBURG RD TIGARD,OR 97223 TIGARD,OR 97223 1S135CB00800 1S134DD00102 OREGON,STATE OF SCHAEFER,DONALD M&MILYNN 0 DEPT OF TRANSPORTATION PO BOX 23697 RIGHT OF WAY SECTION TIGARD,OR 97281 355 CAPITOL ST NE,RM 420 SALEM,OR 97301 1S134DA03400 1S134DA08300 PASCUZZI INVESTMENT LLC SCHNEIDER,JENNIFER A 10250 SW NORTH DAKOTA 11320 SW BUFFALO PL TIGARD,OR 97223 TIGARD,OR 97223 1 135CB00 1S135CD00900 P U INVESTMENT LLC SHARON DEVELOPMENT CO,LLC 1025 NORTH DAKOTA 5795 SW CRANBERRY CT T ARD, R 97223 BEAVERTON,OR 97007 1S134DA07600 1S134DA08100 PERALA,GENE A& SMITH,GARETT F&MELISSA F PERALA,MARY JANE 21235 SERANGO DR 11240 SW BUFFALO PL WEST LINN,OR 97068 TIGARD,OR 97223 1S134DA07300 1S134DA07900 PORTERFIELD,BRIAN M&REBEKAH S STEBNER,SUSAN K 11210 SW BUFFALO PL PO BOX 23096 TIGARD,OR 97223 TIGARD,OR 97281 1S135CA00902 1S134DA09000 QUAIL COURT APARTMENTS LLC TANAKA,TOM T 3570 SW RIVER PKWY#1005 11370 SW THUNDER TER PORTLAND,OR 97239 TIGARD,OR 97223 1S134DA09200 1S135CB00300 RICHARDS,BENJAMIN J& TIEDEMAN CROSSING LLC BROWN,JENNIFER S 11445 SW TIEDEMAN RD 11390 SW THUNDER TER TIGARD,OR 97223 TIGARD,OR 97223 1S134DD00100 134DA10 RICHARDS,JAMES E&SHARON S TI TY OF BY NORRIS&STEVENS 131 HALL BLVD 621 SW MORRISON ST#800 T ARD, 97223 PORTLAND,OR 97205 1S135BC01100 1 34DA1040 ROBINSON FAMILY TRUST TIGA OF BY EVELYN L ROBINSON TR 13125 LL BLVD PO BOX 91305 TI RD,OR 223 PORTLAND,OR 97291 1 134DD001 TIG D, Y OF 1312 HALL BLVD T ARD,0 97223 1S135BC01300 TRI-COUNTY METROPOLITAN TRANSPORTATION DIST OF OREGON ATTN:NICK STEWART 710 HOLLADAY ST PORTLAND,OR 97232 135CD15300 T' COUNTY TROPOLITAN TRA ,PO' ATION DIST OF OREGON ATTN: • K STEWART 710 OLL •YST •RTLAND, • 97232 1S135CB00900 UNION PACIFIC RAILROAD CO PROPERTY TAX 1400 DOUGLAS ST MS1640 OMAHA, NE 68179 1S134DA06800 WHEELER, RICHARD L& JANETTE K 11231 SW BUFFALO PL TIGARD,OR 97223 1S134DA08800 WORTHEN,ROBERT W&TONI M 11340 SW THUNDER TER TIGARD,OR 97223 1S135CA00700 ZWINGLI,W SCOTT 11174 SW SUMMER LAKE DR TIGARD,OR 97223 Nathan and Ann Murdock Mildren Design Group PO Box 231265 Attn: Gene Mildren Tigard, OR 97281 7650 SW Beveland Street, Suite 120 Tigard, OR 97223 Sue Rorman Susan Beilke 11250 SW 82nd Avenue 11755 SW 114th Place Tigard, OR 97223 Tigard, OR 97223 Naomi Gallucci Dayle D. & Evelyn 0. Beach 11285 SW 78th Avenue 11530 SW 72nd Avenue Tigard, OR 97223 Tigard, OR 97223 Todd Harding and Blake Hering Jr. Norris Beggs & Simpson 121 SW Morrison, Suite 200 Portland, OR 97204 Brad Spring 7555 SW Spruce Street Tigard, OR 97223 Alexander Craghead 12205 SW Hall Boulevard Tigard, OR 97223-6210 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 CPO 4M Pat Whiting 8122 SW Spruce Tigard, OR 97223 CITY OF TIGARD - EAST INTERESTED PARTIES (i:\curpin\setup\labels\CIT East.doc) UPDATED: 28-Sep-09 etchen Bueh er 132, ' S • h Place Tigard, b 9 224 Don & Dorothy Erdt 13760 SW 121st Avenue Tigard, OR 97223 Ellen Beilstein 14630 SW 139th Avenue Tigard, OR 97224 •. Harding and Blake ering Jr. Norris :-•gs : - 'son 121 S ► o en, Suite 200 • and, OR 97 Vanessa Foster 13085 SW Howard Drive Tigard, OR 97223 usan Bei - 11 . 114th Place 'card, •' 97223 '0 '- 16 :! SW Pacific Highway, Suite H242 gard, • 97224 Patricia Keerins 12195 SW 121st Avenue Tigard, OR 97223 .-• Frew: 7111 . .Ia Lane gard, OR 9 '23 CITY OF TIGARD - CENTRAL INTERESTED PARTIES (i:\curpin\setup\labels\CIT Central.doc) UPDATED: 18-Sep-09 AFFIDAVIT OF MAILING T I GARD I,Patricia L.Lunsford,being first dulyswom/affirm,on oath depose and say that I am a Planning Assistant for the City of Tigard,Washington County,Oregon and that I served the following: {Check Appnyswe Box(s)Adow} © NOTICE OF PENDING LAND USE DECISION FOR SDR2010-00002/CLEARWIRE MONOPOLE TOWER El AMENDED NOTICE (File No./Name Reference) ® City of Tigard Planning Director A copy of the said notice being hereto attached,marked Exhibit"A",and by reference made a part hereof,was mailed to each named person(s) at the address(s) shown on the attached list(s),marked Exhibit"B",and by reference made a part hereof,on August 18,2010,and deposited in the United States Mail on August 18,2010,postage prepaid. - i A 6.4.1,76z, (Person that Prepared •lice) STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the I Co day of e - 0-pi ,2010. OFFICIAL SEAL (' �.:, SHIRLEY L TREAT ARY P OF OREGON - NOTARY PUBLIC-OREGON i COMMISSION NO.416777 MY COMMISSION EXPIRES APRIL 25,2011 My Commission Expires: a S�l EXHIBITA , NOTICE TO MORTGAGEE,LIENHOLDER,VENDOR OR SELLER: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE,IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER NOTICE OF PENDING 17! LAND USE APPLICATION SITE DEVELOPMENT REVIEW TIGARD DATE OF NOTICE: August 18,2010 FILE NUMBER SITE DEVELOPMENT REVIEW(SDR) 2010-00002 (Type II Land Use Application) FILE NAME: CLEARWIRE MONOPOLE TOWER OWNER Pascuzzi Investment,LLC APPLICANT: ClearWire,LLC 10250 SW North Dakota St. 4400 Carillon Point Tigard,OR 97223 Kirkland,WA 98033 REQUEST: The applicant is requesting Site Development Review approval to erect a 100-foot tall monopole with antennae and dishes in a 14 ft. by 28 ft.fenced and screened compound. The monopole is designed to be collapsible in thirds in the event of a major seismic event. The facility will include an equipment cabinet to support transmission of wireless signals. Screening will be 6 ft.evergreen shrubs. LOCATION: 10250 SW North Dakota Street;Washington County Tax Map 1S135CB,Tax Lot 00200. ZONE: Industrial Park District. The I-P zoning district provides appropriate locations for combining light manufacturing, office and small-scale commercial uses, e.g., restaurants, personal services and fitness centers, in a campus-like setting. Only those light industrial uses with no off-site impacts, e.g., noise, glare, odors, vibration, are permitted in the I-P zone. In addition to mandatory site development review, design and development standards in the I-P zone have been adopted to insure that developments will be well integrated,attractively landscaped,and pedestrian-friendly. APPLICABLE RE VIE W CRITERIA: Community Development Code Chapters 18.360, 18.390, 18.530, 18.705, 18.745, 18.765, 18.798 and 18.810. YOUR RIGHT TO PROVIDE WRITTEN COMMENTS: Prior to the City making any decision on the Application,you are hereby provided a fourteen(14) day period to submit written comments on the application to the City. THE FOURTEEN (14) DAY PERIOD ENDS AT 5:00 PM ON SEPTEMBER 1, 2010. All comments should be directed to Hap Watkins.Assistant Planner in the Planning Division at the City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223. You may reach the City of Tigard by telephone at 503.639.4171 or bye-mail to hap@?tigard-or.gov. ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION MAKING PROCESS THE CITY OF TIGARD APPRECIATES RECEIVING COMMENTS AND VALUES YOUR INPUT. COMMENTS WILL BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION. A DECISION ON THIS ISSUE IS TENTATIVELY SCHEDULED FOR SEPTEMBER 13,2010. IF YOU PROVIDE COMMENTS,YOU WILL BE MAILED A COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED. WRI'1TEN COMMENTS WILL BECOME A PART OF THE PERMANENT PUBLIC RECORD AND SHALL CONTAIN THE FOLLOWING INFORMATION: • Address the specific "Applicable Review Criteria" described in the section above or any other criteria believed to be applicable to this proposal; • Raise any issues and/or concerns believed to be important with sufficient evidence to allow the City to provide a response; • Comments that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant approval criteria with sufficient specificity on that issue. Failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Specific findings directed at the relevant - approval criteria are what constitute relevant evidence. AFTER THE 14 DAY COMMENT PERIOD CLOSES,THE DIRECTOR SHALL ISSUE A TYPE II ADMINISTRATIVE DECISION. THE DIRECTOR'S DECISION SHALL BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN 500 FEET OF THE SUBJECT SITE, AND TO ANYONE ELSE WHO SUBMITTED WRI11hN COMMENTS OR WHO IS OTHERWISE ENTITLED TO NOTICE. THE DIRECTOR'S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA. BASED UPON THE CRITERIA AND THE FAC15 CONTAINED WITHIN THE RECORD, THE DIRECTOR SHALL APPROVE,APPROVE WITH CONDITIONS OR DENY THE REQUESTED PERMIT OR ACTION. SUMMARY OF THE DECISION-MAKING PROCESS: • The application is accepted by the City • Notice is sent to property owners of record within 500 feet of the proposed development area allowing a 14-day written comment period. • The application is reviewed by City Staff and affected agencies. • City Staff issues a written decision. • Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site; all owners of record of property located within 500 feet of the site,as shown on the most recent property tax assessment roll;any City-recognized neighborhood group whose boundaries include the site; and any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or anyone who is otherwise entitled to such notice. INFORMATION/EVIDENCE AVAILABLE FOR REVIEW: The application,written comments and supporting documents relied upon by the Director to make this decision are contained within the record and are available for public review at the City of Tigard Community Development Department. If you want to inspect the file, please call and make an appointment with either the project planner or the planning technicians. Copies of these items may be obtained at a cost of $.25 per ale or the current rate charged for this service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of this Notice under the section titled "Your Right to Provide Written Comments." •• ►i ►►►• VICINITY MAP 411:rand 1 41111111 iihd:w 4 ~'' Wama00002 rrrrrrud •` `Ii CLEARIMRE MONOPOLE alik ��ia '�� :a" TOWER // tri li1lil11. Qf41►ry 7// 4 :,:IlII!►•1 .-IIrI 1 III:zz,....,111„ ., aruii%ri i:41- .si r J■ �� ill ii_ subject Site ■�r fis li i-I ._ rift �i.r.ur..rift Kill I I �"+, aar 31,,,nul nu=12 J lL , 7 J. 141/11irrillr-1 1 1 .:..... .1I. -.--■ -A Ytknar11111:Itl All War•-171ii10: =ar.r..... i r' - __ ,,_ r� h,iui i■ t ilii7.3.b. �; - -iii M • Pascuzzi Investment,LLC SDR2010-00002 10250 SW North Dakota St. CLEARWIRE MONOPOLE TOWER Tigard, OR 97223 Clear Wire,LLC EXHIBIT 4400 Carillon Point Kirkland,WA 98033 1S135CA00800 1 134DA1000 ANDEREGG JOINT LIVING TRUST DA TA DOWS HOMEOWNERS ASSOC BY ANDEREGG,FRED CHARLES/BEULAH CO , 00 17146 SE HWY 212 CLACKAMAS,OR 97015 1S134DA09100 1 134DA098I BROOKER,RICHARD I DA •TA ADOWS HOMEOWNERS ASSOC 11380 SW THUNDER TER , 00 1'. TIGARD,OR 97223 1S134DA08700 1 134DA10.S0 BROWNBRIDGE,ROBERT D DA' •T, ADOWS HOMEOWNERS ASSOC 11321 SW BUFFALO PL , 0l:': TIGARD,OR 97223 1S134DA07500 134DA0'.'S0 BUTORI,EUGENE R TRUST& DA •T• EADOWS HOMEOWNERS ASSOC BUTORI,VIRGINIA A CREDIT SHELTER T , 0s'.' BY BUTORI,EUGENE F TR 7645 SW CEDAR PORTLAND,OR 97225 1S134DA08500 1 134DA10 .0 CABALLERO, RENEE A& DA' 'T. EADOWS HOMEOWNERS ASSOC NORMANDIN,KRISTINE , 00.06 11301 SW BUFFALO PL TIGARD,OR 97223 1S135BC00700 1 134DA10 .0 CH REALTY III/PORTLAND INDUSTRIA DA ST, 'EADOWS HOMEOWNERS ASSOC BY THOMSON PROFESSIONAL®ULATOR , 01°40 CONTROLLING OWNER OF ePROPERTYTA PO BOX 4900 SCOTTSDALE,AZ 85261 34DA09 0 134DA 00 DAK ADOWS HOMEOWNERS ASSN DA MEADOWS HOMEOWNERS ASSOC , 00 0 1 134DA095 1S134DA09 '. DA ADOWS HOMEOWNERS ASSN I•KOT' EADOWS OWNERS OF , 000 LO -25 1000 4DA097 1S134DA06900 DAK ADOWS HOMEOWNERS ASSN DEVE,PAUL M , 000 11221 SW BUFFALO PL TIGARD,OR 97223 134DA09 0 1S134DA07400 DA EADOWS HOMEOWNERS ASSN DONALDSON,TERRY , 00 11220 SW BUFFALO PL TIGARD,OR 97223 1S134DA07700 1S134DA00100 DORAN,PATRICK R& LUSK,LINDA D LIV TRUST DORAN,MARIAN S LINDA D LUSK TR 4155 NW WIDGEON PL 1025 NW COUCH ST#1415 CORVALLIS,OR 97330 PORTLAND,OR 97209 1S135CB00400 1S135BC01200 GABRIEL INVESTMENT LLC MBM HOLDING COMPANY LLC 10250 SW NORTH DAKOTA ST 659 NW PACIFIC GROVE DR TIGARD,OR 97223 BEAVERTON,OR 97006 1. 35CB0051^ 1S135CB00700 GAB L • ESTMENT LLC MCCALL OIL 10251 :1, •RTH DAKOTA ST CHEMICAL CORPORATION TI! RD,OR 97223 BY NED MCCALL 5480 NW FRONT AVE PORTLAND,OR 97210 1S134DA08000 1S135C600600 GAUTHIER,ROCHELLE MCCALL PROPERTIES LLC 11280 SW BUFFALO PL 5480 NW FRONT AVE TIGARD,OR 97223 PORTLAND,OR 97210 1S134DA08200 1S134DA05300 HILL,BRYAN K& MILLER,ANDREW J&TRACI L MATTSON,PAUL G 11252 SW 105TH PL 11310 SW BUFFALO PL TIGARD,OR 97223 TIGARD,OR 97223 1S134DA07100 1S134DA05400 HUGHES,JANICE M MILLS,DONALD R AND NANCY ANN 11201 SW BUFFALO PL 11310 SW 105TH PL TIGARD,OR 97223 TIGARD,OR 97223 1S134DA08600 1S134DA08900 KUMAR,SANDEEP& MURRAY,DAVID S KUMAR,SURENDRA 11350 SW THUNDER TER 11311 SW BUFFALO PL TIGARD,OR 97223 TIGARD,OR 97223 1S134DA08400 1S134DA07800 LAFFERTY,BRANDON P MYERS,JUSTIN J& 11330 SW BUFFALO PL MYERS,LISA L TIGARD,OR 97223 6641 SW 19TH PORTLAND,OR 97239 1S134DA07200 1S135CB00100 LITTLE,LAURA L NATIONAL SAFETY COMPANY 11200 SW BUFFALO PL 17010 SW WEIR RD TIGARD,OR 97223 BEAVERTON,OR 97007 1S134DA05500 135CB00101 LUPOLI,BRENDA J NA AL ETY COMPANY 11348 SW 105TH PL 17010 IR RD TIGARD,OR 97223 ERTON,OR 97007 1S134DA07000 1S135CA00900 NUTTING,JONATHAN P JR ROGERS,ALICE M 11211 SW BUFFALO PL 11335 SW GREENBURG RD TIGARD,OR 97223 TIGARD,OR 97223 1S135CB00800 1S134DD00102 OREGON,STATE OF SCHAEFER,DONALD M&MILYNN 0 DEPT OF TRANSPORTATION PO BOX 23697 RIGHT OF WAY SECTION TIGARD,OR 97281 355 CAPITOL ST NE,RM 420 SALEM,OR 97301 1S134DA03400 1S134DA08300 PASCUZZI INVESTMENT LLC SCHNEIDER,JENNIFER A 10250 SW NORTH DAKOTA 11320 SW BUFFALO PL TIGARD,OR 97223 TIGARD,OR 97223 1 135C600 1S135CD00900 P U INVESTMENT LLC SHARON DEVELOPMENT CO,LLC 1025 NORTH DAKOTA 5795 SW CRANBERRY CT T ARD, R 97223 BEAVERTON,OR 97007 1S134DA07600 1S134DA08100 PERALA,GENE A& SMITH,GARETT F&MELISSA F PERALA, MARY JANE 21235 SERANGO DR 11240 SW BUFFALO PL WEST LINN,OR 97068 TIGARD,OR 97223 1S134DA07300 1S134DA07900 PORTERFIELD,BRIAN M&REBEKAH S STEBNER,SUSAN K 11210 SW BUFFALO PL PO BOX 23096 TIGARD,OR 97223 TIGARD,OR 97281 1S135CA00902 1S134DA09000 QUAIL COURT APARTMENTS LLC TANAKA,TOM T 3570 SW RIVER PKWY#1005 11370 SW THUNDER TER PORTLAND,OR 97239 TIGARD,OR 97223 1S134DA09200 1S135CB00300 RICHARDS,BENJAMIN J& TIEDEMAN CROSSING LLC BROWN,JENNIFER S 11445 SW TIEDEMAN RD 11390 SW THUNDER TER TIGARD,OR 97223 TIGARD,OR 97223 1S134DD00100 134DA10 RICHARDS,JAMES E&SHARON S TI TY OF BY NORRIS&STEVENS 131 HALL BLVD 621 SW MORRISON ST#800 T ARD, 97223 PORTLAND,OR 97205 1S135BC01100 1 34DA1040* ROBINSON FAMILY TRUST TIGA-` OF BY EVELYN L ROBINSON TR 13125 !Iv •LL BLVD PO BOX 91305 TI••RD,OR •-223 PORTLAND,OR 97291 1 134D0001 TIG D Y OF 1312 HALL BLVD T ARD,O 97223 1S135BC01300 TRI-COUNTY METROPOLITAN TRANSPORTATION DIST OF OREGON ATTN:NICK STEWART 710 HOLLADAY ST PORTLAND,OR 97232 135CD15300 T' COUNTY TROPOLITAN TRA •PO' ATION DIST OF OREGON ATTN: • K STEWART 710 OLL•"Y ST •RTLAND, • 97232 1S135CB00900 UNION PACIFIC RAILROAD CO PROPERTY TAX 1400 DOUGLAS ST MS1640 OMAHA,NE 68179 1S134DA06800 WHEELER,RICHARD L& JANETTE K 11231 SW BUFFALO PL TIGARD,OR 97223 1S134DA08800 WORTHEN,ROBERT W&TONI M 11340 SW THUNDER TER TIGARD,OR 97223 1S135CA00700 ZWINGLI,W SCOTT 11174 SW SUMMER LAKE DR TIGARD,OR 97223 Nathan and Ann Murdock Mildren Design Group PO Box 231265 Attn: Gene Mildren Tigard, OR 97281 7650 SW Beveland Street, Suite 120 Tigard, OR 97223 Sue Rorman Susan Beilke 11250 SW 82nd Avenue 11755 SW 114th Place Tigard, OR 97223 Tigard, OR 97223 Naomi Gallucci Dayle D. & Evelyn 0. Beach 11285 SW 78th Avenue 11530 SW 72nd Avenue Tigard, OR 97223 Tigard, OR 97223 Todd Harding and Blake Hering Jr. Norris Beggs & Simpson 121 SW Morrison, Suite 200 Portland, OR 97204 Brad Spring 7555 SW Spruce Street Tigard, OR 97223 Alexander Craghead 12205 SW Hall Boulevard Tigard, OR 97223-6210 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 CPO 4M Pat Whiting 8122 SW Spruce Tigard, OR 97223 CITY OF TIGARD - EAST INTERESTED PARTIES (i:\curpin\setup\labels\CIT East.doc) UPDATED: 28-Sep-09 • etchen Bueh er 132, S • " Place Tigard, 6' 9 224 Don & Dorothy Erdt 13760 SW 121st Avenue Tigard, OR 97223 Ellen Beilstein 14630 SW 139'"Avenue Tigard, OR 97224 • Harding and Blake ering Jr. Norris :-s gs : -' •son 121 S ► o •n, Suite 200 and, OR 97 Vanessa Foster 13085 SW Howard Drive Tigard, OR 97223 usan Bei - 11 114th Place '•ard, • 97223 '0 a ' 16 ! SW Pacific Highway, Suite H242 gard, •' 97224 Patricia Keerins 12195 SW 121st Avenue Tigard, OR 97223 .•• Frew.. 7111 :v+ .la Lane gard, OR 9 '23 CITY OF TIGARD - CENTRAL INTERESTED PARTIES (i:\curpin\setup\labels\CIT Central.doc) UPDATED: 18-Sep-09 PROPRIETARY INFORMATION CITY OF TIGARD REVISION THE ITRUNMTON MOANED N NM SET a clear AN USE CON DISCLOSURE S OR THAN THAT 9v XC.TIRE. ' ■ '�8.,t RFyVFS TO CMA[P SCER.I�CSERS STR RLrpRON BREo Approved dt RECEIVED �—r� r^vndhion.`al�l,YyApNEp,rolve,jd����S y , For only the work as described MP PACIFIC TELECOM SERVICES. PERMIT NO AUG 0 5 2010 N. 4114 YO Son Letter to: Follow I I rZTI 0.3 11N1 M9 .LNq N� Attach I J GRETC CITY OF TIG^RD °14Q, Jab Address: RICHARD 8.HALT Ts E,;.� Date: _ OR-POR424-A PLANNING/ENGINEERING(ENGINEERING ; 10250 SW NORTH DAKOTA STREET .. .;y TIGARD, OR 97223 ,,,, -I,WA PROJECT INFORMATION VICINITY MAP DRAWING INDEX LEGAL DESCRIPTION "A9?� OF ol■-i', PROJECT OFCCRIPTIQN; 1.=- II II --`~._.;=. SHEET DESCRIPTION _ or„IC, R 3; PT THE SOUK OF x.50. p(plRp ���TIE CLWMPE PROPOSES ID CONSTRUCT AN UNSTATED IEILCOMYUNCA00O1 FN:ILRN'CONSISTING OF(J)PANEL NFIEMMS. .{. � �- 11004,140011 NM STAR OP OR DOMED AR FOLLOW& LICENSE:III (3))440*.PANEL ANTETRO.(5)W1(ROWA40 DOM.AND(P)DAP Arts AR 0110 ON A PRDP05E0 IDD-G CA :'• W-IIMWO�`D ,a 5_t mtE MCC CSCIIAPPBLC STEEL NONCROLE WITH.FENCES CARNET MOUNTED ON A CONCRETE CAS CAA 615E OF MONOPOLE OE _ * y\\\,I. I I yl COMMA MORE COWAN AT A POINT]CALF PT.WEST OF nK PROPOSED 27-0'%1A'-0'MOLD COMPDLWD. 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MOM SAD PARALLEL TH PARCEL 43003 T.TO A POW O Eh CONSTRUCTION 119E N CUE ACQUISITION; - Y i I!-0 SWEEP TEST M DC WEST IRIS OF ME PARCEL OF LAX)CONVEYED TO ti OCCUP 400:S-2 CONTACT:RIM MARS # SITE/oiled c i C-I GRMMIRG 541EMAM IRE FLNODOI FRO WR25RURO MIAOW CMPNIY m !t O JURISDICTION: Cm GE TIGARD M:(350)PM-570 ,- A�ta a RECORDED NOV.I.1 07.WA DEED SOON 77.PAGE RAT. ce CURRENT USE: TELECONNYMC INNS FACILITY = 0W 2 P E-x ORWNOMG DETAILS g t . PEBUUSNC: G� 0 0109 Of DEEDS OF F S WCSANBION IAN%5016 LATE PROPOSED U5G tELCPaIRRU1MN5 PACHST w� G75p..A. E-] ELECTPoGL ORALS T ILOMO ENE R LANE OF SAO PARCEL E.LAND.455.0 T ce _. 3 CONTACT:STEVEN W.TOPP.NOP """D l,b TO 5(TM T 0.0540 OF ME 104 MACE.OF LAND: V_ RN:(503)MA-1335 SW T1gAtd St Gf O N 335349 AIL [TAO POINT OF RwaORTR. a TELL COMPANY: CONSTRUCTION COORDINATOR' S q^ V 0 ,R H(500)113-4001 ammo:ROB ANGLE ,1 I I R M:15037 2M-5MS I I g NOTES s p�DI1FR COMPANY: &I ENQNFER:B A 5j Pk(501)x20-a2x 055111 I:)ON U1 0.OI 10 LL' HP IRE 51[&13(IONdEWI Ire M:(503)T50-9370 -U. ,1 - SW wlnenne SR S(p A Sty SRP I(1CATNIN 4[5570 AN tun 005 ENCINFER '(F '`�'0,O) ''T^Aya A WORM[TO ST PARTED ID NF 1AOTRE 17 H'10-03'N CONTACT:WON w[N LONGTIME 12I N'nat.0 M:(971)220-25211 TOP Of STRUCTURE ARE 455-0' DRIVING DIRECTIONS ABBREVIATIONS OK DE STRUCTURE AMU 1710 M0 IIORIINO NIaM11•W IMPORT: A/C M 00X000100 ROTC NOCORK PLUM PLYR100 R' N 1MR R(S% AG MOW ORM.LENEL RR TOR PROP PROJECT R40A 004 50175(Q ON 7R NWORT RR,TOMRD NE MR CARGO R0,THE S RAMP 70 I I-205 R TARE car 2121 10 50110E MPROMA4M, HT NOW PROP PR0PERY 3402 MN MOO Hq1 W71M-30 W TOWARD PORTLAND.TARE ME Ear CM ME LEFT ONTO I-5 5 CRAM RAC NM'SX0 M PRESSURE TREATED �FDUw OR-M0 MA.Ti N�RIEM AT Sww GREEEN 511 is LEO AT HR T EDMAN 0 SSOOS Now s+' aa10"G AIR c'AOFIDITOTNNG CO COMM REVISIONS AREA OF PARCEI. AT A NORM)RLOTA R1 OESMMTWN RM.05 ON THE LET. RM RdY 0 R11M 211724 S.F.(5.]A ACRES) CEO MUM X Pee MAMMA RO RDUW OPENING MR CLEAR 070 WwL 1RNAPRYRW1sw �1C RCN COOL CONCRETE INFO RMORWASTN 510 SWEET —.AHN-N 004*0Wmi RR OR71KL!T OONST CWSTRUCnOx UTAR INSULATION 9N 9MM 342 ORE.WIC AREA cart COMIIMTOUS RC NRRNATIGML SPEC r MARL TOOT 4NERAS. NEORMATION: DP. DOUR[ N5ONG CODE SS SM05013 STEEL I.PMNNR RWOREOIR ME MOMAGEO 000 DMETER Sn 5TEC 2.TIWPC IS MMEIECECO. TEA DOOONAL Las POUNDS SMOOT 5115101075 a EERAOE s PRFPOBW. DR ORTa 55)0P SUSPENDED sia DM CRAM1HG Rio, MECHANICAL 0003 APPROVAL WC SCUTUM WI. KUL THRU THROUGH M EACH M NuFFCTURE 175 TAMED 501 FOR Tnn5tPx5106 LfGE51 EEV ELEVATION M O WARMER M iMIOAL LLB05D 50 COYCTIERI W E PROJECT TEAM • P � 050 45CEILNEOVS LAND UNLESS AGED OTHERRS0 MT 554.IECT CONSULTAM CMRS co E%TE4IOP NRAiC NOT RNC'ONT7 TRACT K VERIFY AL F00 SHEET TITLE RCNMO W.HU.015 MOM IINER VW FN FRNSR NR NOT TO SCALE TRUE WET AMC[LUTON SAUCER TLC DEVELOPMENT SERMCES.LLG Rl FIE FIAORESCENI OC ON CENTOR R/ AMMO 5511 TEST AVEMFL 5,SAE 150 7400 Sw UPPER ROOKS FERRY RO CIO SWILL WA M104 SURE 210 MOM& T FC01 OD ORSOE COMMA WATER MOOF CONTACT:PAUL OANXEBER0 PORTLAND,OR 91[21 EMU 506 m-R WP1s«Amu AC �N CAI SHEET NUMBER EN.: 00 GENERAL COMRACTOR GREW T_1 GROUND 11 RESIDERS MALL CLEARLY RARE ROM AMAMI TO EACH REDONE NOTE AS ONAAINGS COO NE.NE REVIEWED GYP BO GYPSUM WALL BOARD THE INMRMAROII CORIRED N IRS 4T O<CONSTRUCTION 0001AENR IS PROPMET001 M MIRE ANY USE OA DeSCL030RE 05ER TIM THAT MCAT MATES TO OMMER 505M[3 IS 5ERC11.7 004000. t* J \ Area Notified 500 Ft)4Ir 1011 11■•■w ny• I� mi Steven Topp AAiii■ ....op Muir. ` 1S135CB,00200 1 I�/ITS IE ii ow'l/Ilw ,� % re 11101J,h-■■P orm„Litil �� 111111 !! \ -. 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Services Division. --r ----- -� DATA NOT DAIEDFROMEPRES NTATIO.OR UNE*NTEE STOT - pc �` ■ - .■ MAl(ES NOT WARRANTY,REFRESENTATION.OR GUARANTEE AS TO THE _ CONTENT ACCURACY,TIMELINESS OR COIAPLETENESS OF ANY OF THE DATA FRONDED HEREIN.THE CITY OF TICaRD SIWlHSSUME NO �Z ./` . URA<Y FOR ANY ERRORS.OMISSIONS,OR INACCURACIES IN THE `�, NFORMAT ON FRONDED REGARDLESS OF MOW CAUSED � , 41.,.,E, . COMMUNITY DEVELOPMENT DEPARTMENT ! •Ih \ v �1w1W� w( Cdy of Tigard 10 700 i iNtIL�� filta. , �, +e•+ '� TIGrf` fP 13125 SWR 97223d )1 f e t �`� ,, `` � SDS BS91171, ,, .4� 1.:‘.A w5036arbor.1 TIGARIT ■■ 1--�:.- 1 -... �i: � � • 1S135CA00800 1 134DA1000 ANDEREGG JOINT LIVING TRUST DA TA DOWS HOMEOWNERS ASSOC BY ANDEREGG, FRED CHARLES/BEULAH CO , 00 17146 SE HWY 212 CLACKAMAS,OR 97015 1S134DA09100 1 134DA0980' BROOKER,RICHARD I DA •TA ADOWS HOMEOWNERS ASSOC 11380 SW THUNDER TER , 001'0 TIGARD,OR 97223 1S134DA08700 1 134DA10.s0 BROWNBRIDGE, ROBERT D DA' •T• ADOWS HOMEOWNERS ASSOC 11321 SW BUFFALO PL , TIGARD,OR 97223 1S134DA07500 134DA0•'00 BUTORI,EUGENE R TRUST& DA •T• EADOWS HOMEOWNERS ASSOC BUTORI,VIRGINIA A CREDIT SHELTER T , We' BY BUTORI,EUGENE F TR 7645 SW CEDAR PORTLAND,OR 97225 1S134DA08500 1 134DA10 .0 CABALLERO,RENEE A& DA' •T: EADOWS HOMEOWNERS ASSOC NORMANDIN,KRISTINE , 0'.IS 11301 SW BUFFALO PL TIGARD,OR 97223 1S135BC00700 1 134DA10 .0 CH REALTY III/PORTLAND INDUSTRIA DA •T ,EADOWS HOMEOWNERS ASSOC BY THOMSON PROFESSIONAL®ULATOR , 01'40 CONTROLLING OWNER OF ePROPERTYTA PO BOX 4900 SCOTTSDALE,AZ 85261 34DA09 0 134DA 00 DAK ADOWS HOMEOWNERS ASSN DA MEADOWS HOMEOWNERS ASSOC , 00 0 134DA095 1S134DA09 . DA ADOWS HOMEOWNERS ASSN S•KOT 'EADOWS OWNERS OF , 000 LO ' 1-25 000b, 4DA097 1S134DA06900 DAK ADOWS HOMEOWNERS ASSN DEVE,PAUL M , 000 11221 SW BUFFALO PL TIGARD,OR 97223 • 134DA09.s0 1S134DA07400 DA • • •EADOWS HOMEOWNERS ASSN DONALDSON,TERRY , 0010:4 11220 SW BUFFALO PL TIGARD,OR 97223 • 1S134DA07700 1S134DA00100 DORAN,PATRICK R& LUSK,LINDA D LIV TRUST DORAN,MARIAN S LINDA D LUSK TR 4155 NW WIDGEON PL 1025 NW COUCH ST#1415 CORVALLIS,OR 97330 PORTLAND,OR 97209 1S135CB00400 1S135BC01200 GABRIEL INVESTMENT LLC MBM HOLDING COMPANY LLC 10250 SW NORTH DAKOTA ST 659 NW PACIFIC GROVE DR TIGARD,OR 97223 BEAVERTON,OR 97006 1. 35CB0051• 1S135CB00700 GAB L ESTMENT LLC MCCALL OIL 10251 :1, •RTH DAKOTA ST CHEMICAL CORPORATION TIP•RD,OR 97223 BY NED MCCALL 5480 NW FRONT AVE PORTLAND,OR 97210 1S134DA08000 1S135CB00600 GAUTHIER,ROCHELLE MCCALL PROPERTIES LLC 11280 SW BUFFALO PL 5480 NW FRONT AVE TIGARD,OR 97223 PORTLAND,OR 97210 1S134DA08200 1S134DA05300 HILL,BRYAN K& MILLER,ANDREW J&TRACI L MATTSON,PAUL G 11252 SW 105TH PL 11310 SW BUFFALO PL TIGARD,OR 97223 TIGARD,OR 97223 1S134DA07100 1S134DA05400 HUGHES,JANICE M MILLS,DONALD R AND NANCY ANN 11201 SW BUFFALO PL 11310 SW 105TH PL TIGARD,OR 97223 TIGARD,OR 97223 1 S134DA08600 1 S134DA08900 KUMAR.SAN DEEP& MURRAY,DAVID S KUMAR,SURENDRA 11350 SW THUNDER TER 11311 SW BUFFALO PL TIGARD,OR 97223 TIGARD,OR 97223 15134DA08400 1S134DA07800 LAFFERTY,BRANDON P MYERS,JUSTIN J& 11330 SW BUFFALO PL MYERS,LISA L TIGARD,OR 97223 6641 SW 19TH PORTLAND,OR 97239 1S134DA07200 1S135CB00100 LITTLE,LAURA L NATIONAL SAFETY COMPANY 11200 SW BUFFALO PL 17010 SW WEIR RD TIGARD,OR 97223 BEAVERTON,OR 97007 1S134DA05500 135CB00101 LUPOLI,BRENDA J NA AL ETY COMPANY 11348 SW 105TH PL 17010 IR RD TIGARD,OR 97223 ERTON, R 97007 • 1S134DA07000 1S135CA00900 NUTTING,JONATHAN P JR ROGERS,ALICE M 11211 SW BUFFALO PL 11335 SW GREENBURG RD TIGARD,OR 97223 TIGARD,OR 97223 1S135CB00800 1S134DD00102 OREGON,STATE OF SCHAEFER,DONALD M&MILYNN 0 DEPT OF TRANSPORTATION PO BOX 23697 RIGHT OF WAY SECTION TIGARD,OR 97281 355 CAPITOL ST NE,RM 420 SALEM,OR 97301 1S134DA03400 1S134DA08300 PASCUZZI INVESTMENT LLC SCHNEIDER,JENNIFER A 10250 SW NORTH DAKOTA 11320 SW BUFFALO PL TIGARD,OR 97223 TIGARD,OR 97223 1 135CB00 1S135CD00900 P U INVESTMENT LLC SHARON DEVELOPMENT CO,LLC 1025 NORTH DAKOTA 5795 SW CRANBERRY CT T ARD, R 97223 BEAVERTON,OR 97007 1S134DA07600 1S134DA08100 PERALA,GENE A& SMITH,GARETT F&MELISSA F PERALA,MARY JANE 21235 SERANGO DR 11240 SW BUFFALO PL WEST LINN,OR 97068 TIGARD,OR 97223 1S134DA07300 1S134DA07900 PORTERFIELD,BRIAN M&REBEKAH S STEBNER,SUSAN K 11210 SW BUFFALO PL PO BOX 23096 TIGARD,OR 97223 TIGARD,OR 97281 1S135CA00902 1S134DA09000 QUAIL COURT APARTMENTS LLC TANAKA,TOM T 3570 SW RIVER PKWY#1005 11370 SW THUNDER TER PORTLAND,OR 97239 TIGARD,OR 97223 1S134DA09200 1S135CB00300 RICHARDS,BENJAMIN J& TIEDEMAN CROSSING LLC BROWN,JENNIFER S 11445 SW TIEDEMAN RD 11390 SW THUNDER TER TIGARD,OR 97223 TIGARD,OR 97223 1S134DD00100 134DA10 RICHARDS,JAMES E&SHARON S TI TY OF BY NORRIS&STEVENS 131 HALL BLVD 621 SW MORRISON ST#800 T ARD, 97223 PORTLAND,OR 97205 1S135BC01100 1 34DA1040 ROBINSON FAMILY TRUST TIGA OF BY EVELYN L ROBINSON TR 13125 LL BLVD PO BOX 91305 TI D,OR 223 PORTLAND,OR 97291 1 134DD001 TIG D Y OF 1312 HALL BLVD T ARD,O 97223 1S135BC01300 TRI-COUNTY METROPOLITAN TRANSPORTATION DIST OF OREGON ATTN:NICK STEWART 710 HOLLADAY ST PORTLAND,OR 97232 135CD 15300 T' COUNTY TROPOLITAN TRA •PO' ATION DIST OF OREGON ATTN: K STEWART 710 OLL• Y ST ••RTLAND, • 97232 1S135CB00900 UNION PACIFIC RAILROAD CO PROPERTY TAX 1400 DOUGLAS ST MS1640 OMAHA,NE 68179 1S134DA06800 WHEELER,RICHARD L& JANETTE K 11231 SW BUFFALO PL TIGARD,OR 97223 1S134DA08800 WORTHEN,ROBERT W&TONI M 11340 SW THUNDER TER TIGARD,OR 97223 1S135CA00700 ZWINGLI,W SCOTT 11174 SW SUMMER LAKE DR TIGARD,OR 97223 Nathan and Ann Murdock Mildren Design group PO Box 231265 Attn: Gene Mildren Tigard, OR 97281 7650 SW Beveland Street, Suite 120 Tigard, OR 97223 Sue Rorman Susan Beilke 11250 SW 82nd Avenue 11755 SW 114th Place Tigard, OR 97223 Tigard, OR 97223 Naomi Gallucci Dayle D. & Evelyn 0. Beach 11285 SW 78th Avenue 11530 SW 72nd Avenue Tigard, OR 97223 Tigard, OR 97223 Todd Harding and Blake Hering Jr. Norris Beggs & Simpson 121 SW Morrison, Suite 200 Portland, OR 97204 Brad Spring 7555 SW Spruce Street Tigard, OR 97223 Alexander Craghead 12205 SW Hall Boulevard Tigard, OR 97223-6210 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 CPO 4M Pat Whiting 8122 SW Spruce Tigard, OR 97223 CITY OF TIGARD - EAST INTERESTED PARTIES (i:\curpinlsetupllabels\CIT East.doc) UPDATED: 28-Sep-09 etchen Bueh er 1324 • S • h Place Tigard, b' 97224 Don & Dorothy Erdt 13760 SW 121st Avenue Tigard, OR 97223 Ellen Beilstein 14630 SW 139th Avenue Tigard, OR 97224 ;ad Harding and Blake ering Jr. Norris :•.gs : 'son 121 S o en, Suite 200 • and OR 97 :- Vanessa Foster 13085 SW Howard Drive Tigard, OR 97223 usan Bei - 11 " 114th Place *card, c 97223 '04: 16 :! SW Pacific Highway, Suite H242 "gard, •_ 97224 Patricia Keerins 12195 SW 121st Avenue Tigard, OR 97223 .•a Frew.. 7111 :fy •IaLane .gard, OR 9 '23 CITY OF TIGARD - CENTRAL INTERESTED PARTIES (i:\curpin\setup\labels\CIT Central.doc) UPDATED: 18-Sep-09 • CITY OF TIGARD COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION !PIO 13125 SW HALL BOULEVARD TIGARD, OREGON 97223 PHONE: 503-639-4171 FAX: 503-718-2748(Attn: Patty/Planning) EMAIL: patty a tigard-or.g ov TIGARD REQUEST FOR 500-FOOT PROPERTY OWNER MAILING LIST Property owner information is valid for 3 months from the date of your request INDICA'1'E ALL PROJECT MAP&TAX LOT NUMBERS (i.e. 1S134AB,Tax Lot 00100) OR THE ADDRESSES FOR ALL PROJECT PARCELS BELOW: (If more than 1 tax lot or if the parcel has no address,you must separately identify each tax lot associated with the project.) /0250 SW WORTH DA KOTA Sr. l 5 / 35 G,g -00200 PLEASE BE AWARE THAT ONLY 1 SET OF LABELS WILL BE PROVIDED AT THIS TIME FOR HOLDING YOUR NEIGHBORHOOD MEETING. After submitting your land use application to the City, and the project planner has reviewed your application for completeness, you will be notified by means of an incompleteness letter to obtain your 2 final sets of labels. IF YOU HAVE BEEN NOTIFIED BY PLANNING TO OBTAIN YOUR LABELS, PLEASE INDICATE BELOW THAT YOU NEED 2 SETS OF LABELS. Completeness Letter Received Indicating 2 Sets of Envelopes w/Affixed Address Labels Required The 2 final sets of labels need to be placed on envelopes (no self-adhesive envelopes please) with first class letter- rate postage on the envelopes in the form of postage stamps (no metered envelopes and no return address) and resubmitted to the City for the purpose of providing notice to property owners of the proposed land use application and the decision. The 2 sets of envelopes must be kept separate. The person listed below will be called to pick up and pay for the labels when they are ready. -�� NAME OF CONTACT PERSON: STEVEN) W• /D /° PHONE: (503 )- 708_ 7 337 NAME OF COMPANY:ott SEHALf of CI.EA,L lot)11LE FAX: (S03 )-70$ - '/W/ EMAIL: stN.♦op eon+e•.sf• rJ�f This request may be emailed, mailed, faxed, or hand delivered to the City of Tigard. Please allow a 2-day minimum for processing requests. Upon completion of your request, the contact person listed will be called to pick up their request that will be placed in 'Will Call" by the company name (or by the contact person's last name if no company) at the Planning/Engineering Counter at the Permit Center. The cost of processing your request must be paid at the time of pick up,as exact cost can not be pre-determined. PLEASE NOTE: FOR REASONS OF ACCURACY, ONLY ORIGINAL MAILING LABELS PROVIDED BY THE CITY VS. RE-TYPED MAILING LABELS WILL BE ACCEPTED. Cost Description: $11 to generate the mailing list,plus$2 per sheet for printing the list onto labels(20 addresses per sheet). Then,multiply the cost to print one set of labels by the number of sets requested. - EXAMPLE - - COST FOR THIS REQUEST- l j_sheets of labels x$2/sheet=88.00 x 2 sets= $16.00 sheet(s)of labels x$2/sheet=$ x -A sets= 1 sheets of labels x$2/sheet for interested parties x 2 sets= $ 4.00 sheet(s)of labels x$2/sheet for interested parties=12x (A sets= GENERATE LIST = $11.00 I TE " 1 ij TOTAL = $31.00 TOTAL — i✓ 1S135CB00200 PASCUZZI INVESTMENT LLC 10250 SW NORTH DAKOTA TIGARD,OR 97223 /.1 Owl iy C07ob APPLICANT MATERIALS • PRE-APP.HELD BY dig CITY OF TIGARD PLANNING DU7W,Q,N LAND USE PERMIT APPLICA IVED City gf Tigand Perr it Center 13125 SW Hall Blzd, Tigarc4 OR J.6.2211 2 2010 Phone. 503.639.4171 Fax: 503.598.1960 CITY OF TIGARD File# 50,e aO/o .0000 a-- Other Case# PLANNING/ENGINEERING D (1 g5'`W/7B'S"SZ I u. 1 (J� VI Date By •S=I n 1 Receipt Fee Date Complete TYPE OF PERMIT YOU ARE APPLYING FOR FILE O ❑ Adjustment/Variance(I or II) ❑Minor Land Partition(II) ❑ Zone Change(III) ❑Comprehensive Plan Amendment(IV) ❑Planned Development(III) ❑ Zone Change Annexation(IV) ❑Conditional Use (III) ❑Sensitive Lands Review(I,II or III) ❑Development Code Amendment(IV) ❑Historic Overlay(II or III) ite Development Review(II) ❑Home Occupation(II) ❑Subdivision(II or III) LOCATION T RE PROPOSED ACTIVITY WILL OCCUR(Address if available) /oz 6O sw NORM) DAKorA Sr. TAX MAPS&TAX LOT NOS. R273go 2 /S/ 35c ,6 oozoo TOTAL SITE SIRE ZONING CLASSIFICATION yoo6 . -p APPLICANT' APPLICANT' eh CAR. 1A • 12.6 L CoR - PoR y2/) MAILING ADDRESS/CITY/STATE/ZIP J y'MO 2AA HON Po14r • /< Ia . KL- 4tJD 1,0A 98'o33 PHONE NO FAX NO. 503 - 975 - 9 3 9 V PRIMARY CONTACT PERSON PHONE NO. STEve�1 L • /0 p, 503 . 708 - 7337 PROPERTY OWNER/DEED HOLDER(Attach list if more than one PAS C t.( z 7-1 )N I/t'3 rrh Ertl — L L C. MAILING ADDRESS/CITY/STATE/ZIP /� / Sr.PHONE NO. /02. 50 S r ) I O A 1-r DA o NO. - 5 0.3 - 639 - V g9 / FAX *When the owner and the applicant are different people,the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owners must sign this application in the space provided on the back of this form or submit a written authorization with this application. PROPOSAL SUMMARY(Please be specific) C Z Co sra�c-r /00 M0too ,ioLc 'A.),. A Z0 x 0 L6)4-5E ALFA . A1T71cH PANrz AA) T104/4/.44 ANO H Ic,2o wA✓t. Awl EYVNhS A 715, of /►* oNojoL tom . /,V37Ar -. ��✓/AfriENr" C•tt,NE OA) Q1-o 44 IV 0 /n1 L E19-S E. A Ie M . APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS DESCRIBED IN THE "BASIC SUBMITTAL REQUIREMENTS"INFORMATION SHEET. is\curpin\masters\land use applications\land use permit app.doc THE APPLICANT SHALL CERTIFY THAT: ♦ If the application is granted,the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. ♦ All 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,map be revoked if it is found that any such statements are false. •. The.,appli,carit read the entire contents of the application, including the policies and criteria, and understands the r qt� �e for approving or denying the application(s). SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. 52 z 47TA cN W Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date 6/3//v Applicant/Agent/Representative's siffa ture Date Applicant/Agent/Representative's Signature Date • THE APPLICANT SHALL CERTIFY THAT: ♦ If the application is granted,the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. ♦ All 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, map 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(s). SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. 522. 47)'Ac N W Owner's Signature Date , Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date 6/SP° Applicant/Agent/Representative's Sigature Date Applicant/Agent/Representative's Signature Date I hereby authorize Steven W.Topp to make application for a wireless facility to be located on the property located at 10250 SW North Dakota Street—Tigard,OR Sincerely, VA Signat Alm\ Pasquale . cuzz (owner) Name CITY OF TIGARD RECEIPT 11 13125 SW Hall Blvd.,Tigard OR 97223 503.639.4171 TIGARD Receipt Number: 178550 - 07/02/2010 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID SDR2010-00002 SDR Under$1,000,000-LRP 1003100-43117 $200.00 Total: $200.00 PAYMENT METHOD CHECK# CC AUTH.CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Credit Card 05319C STREAT 07/02/2010 $200.00 Payor: Steven Topp Total Payments: $200.00 Balance Due: $0.00 Page 1 of 1 A �� CITY OF TIGARD RECEIPT � � 13125 SW Hall Blvd.,Tigard OR 97223 503.639.4171 TIGARD Receipt Number: 178548 - 07/02/2010 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID SDR2010-00002 SDR Under$1,000,000 1003100-43116 $4,048.00 SDR2010-00002 SDR Under$1,000,000-LRP 1003100-43117 $397.00 Total: $4,445.00 PAYMENT METHOD CHECK# CC AUTH.CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 00207713 STREAT 07/02/2010 $4,445.00 Payor: Clearwire Legacy LLC Total Payments: $4,445.00 Balance Due: $200.00 Page 1 of 1 Exhibit A NARRATIVE CLEARWIRE, LLC Zonin g Application OR-P0R424-A (Greton) Prepared by:Steven W.Topp,AICP Original 06/3/2010 Revised 08/13/2010 Site Development Review for a 100' monopole within a 20'x20' lease area for a new Wireless Communication Facility in the I-P zone. COMPLIANCE WITH CITY OF TIGARD DEVELOPMENT CODE Applicant: CLEARWIRE, LLC Applicant's Agent: Steven W.Topp,AICP 12566 SW Bridgeview Ct. Tigard,OR 97223 503-708-7337 sw.topp @comcast.net Project: OR-POR424-A(Greton) Address: 10250 SW North Dakota Street Tax Account No.: R273402 State ID No.: 1 S 135CB00200 Plan District: Industrial Zoning: I-P(Industrial Park) Property Owner: Pascuzzi Investment, LLC 10250 SW North Dakota Street Tigard, OR 97223 Date: June 2,2010 Summary: The property is an industrial manufacturing plant. ClearWire proposes to create a 20'x20' lease compound,within which it will erect a 100' monopole to support antennas,and install equipment cabinet(s)within the confines of the lease area Development Code Criteria: Chapter 18.360 Site Development Review 18.360.010 Purpose The proposed facility meets the stated purpose of this chapter by complying with the development code. 18.360.020 Applicability of Provisions The proposed facility does not qualify as a minor modification, and will therefore subject to a Type II Site Development Review process. 18.360.030 Approval Process The proposed facility does not qualify as a minor modification, and will therefore subject to a Type II Site Development Review process. 18.360.040 Bonding and Assurances The applicant will provide all necessary and required bonds and assurances prior to issuance of the building permit, upon approval of the Site Development Review. 18.360.050 Major Modification(s)to Approved Plans or Existing Development The applicant was not informed of the standard by which the proposed is considered a Major Modification,but of the categories identified, would presume that as a new structure,the monopole would qualify under item B.4.—A change in the type of commercial or industrial structures as defined by the Uniform Building Code. 18.360.060 Minor Modification(s)to Approved Plans or Existing Development The proposed facility does not qualify as a minor modification. 18.360.070 Submission Requirements This application contains all of the information required for a Type II procedure,as governed by Section 18.390.040. 18.360.080 Exceptions to Standards There are no exceptions requested for this application. 18.360.090 Approval Criteria A.Approval criteria. The Director shall make a finding with respect to each of the following criteria when approving,approving with conditions, or denying an application: 1. Compliance with all of the applicable requirements of this title including Chapter 18.810,Street and Utility Standards; Compliance is address below. 2. Relationship to the natural and physical environment: a. Buildings shall be: (1)Located to preserve existing trees, topography and natural drainage where possible based upon existing site conditions; The location of the proposed facility is currently bare ground within a fenced area used for outdoor storage. Existing trees,topography and natural drainage will be preserved. (2)Located in areas not subject to ground slumping or sliding; There is no ground slumping or sliding at the proposed site. (3) Located to provide adequate distance between adjoining buildings for adequate light, air circulation, and fire-fighting; and The monopole and equipment area will not affect light,air circulation or fire-fighting ability for the proposed site or adjoining buildings. (4) Oriented with consideration for sun and wind The proposed monopoe is circular and provides universal orientation for sun and wind. b. Trees shall be preserved to the extent possible. Replacement of trees is subject to the requirements of Chapter 18.790, Tree Removal. There will be no trees removed for this site. c. Innovative methods and techniques to reduce impacts to site hydrology and fish and wildlife habitat shall be considered based on surface water drainage patterns, identified per Section 18.810.100.A.3. and the City of Tigard"Significant Habitat Areas Map."Methods and techniques for consideration may include,but are not limited to the following: (1) Water quality facilities(for infiltration, retention, detention and/or treatment); (2) Pervious pavement; (3) Soil amendment; (4) Roof runoff controls; (5) Fencing to guide animals toward safe passageways; (6)Re-directed outdoor lighting to reduce spill-off into habitat areas; (7) Preservation of existing vegetative and canopy cover. There will be no impact to site hydrology or fish and wildlief habitat from the proposed development. The current site is open air storage for industrial manufacturing. The area is relatively flat. The 20'x20' lease area will be graveled,which allows for water seepage(pervious surface),and any excess drainage will be onto the surrounding ground area that will remain in use for open air storage. 3. Exterior elevations: a.Along the vertical face of single-family attached and multiple family structures, offsets shall occur at a minimum of every 30 feet by providing any two of the following: There will be no residential structures involved in this development. 4. Buffering, screening and compatibility between adjoining uses: a. Buffering shall be provided between different types of land uses,for example, between single-family and multiple family residential, and residential and commercial uses, and the following factors shall be considered in determining the adequacy of the type and extent of the buffer: The 20' x 20' lease area is interior to the parcel that is zoned for Industrial use,and therefore there are no no"different types of land uses"that would require buffering. b. On site screening from view from adjoining properties of such things as service areas, storage areas,parking lots, and mechanical devices on roof tops,i.e., air cooling and heating systems,shall be provided and the following factors will be considered in determining the adequacy of the type and extent of the screening: (1) What needs to be screened; (2) The direction from which it is needed; (3)How dense the screen needs to be; (4) Whether the viewer is stationary or mobile; and (5) Whether the screening needs to be year around The 20' x 20' lease area is adjacent to a building. The east side and north side(street side)of the area will be landscaped with 6' evergreen with 95%opactity within 3 years–as required by code. There is an additional buffer of existing trees along the north(street)side, and other trees and a railroad track along the east side. 5. Privacy and noise—Multifamily or group living uses: Not applicable. The site is not multi-family or group living. 6. Private outdoor area—Multifamily use: Not applicable. The site is not multi-family use. 7. Shared outdoor recreation areas Multifamily use: Not applicable. The site is not multi-family use. 8. Where landfill and/or development is allowed within and adjacent to the 100 year floodplain,the City shall require consideration of the dedication of sufficient open land area for greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle plan. The site is not within or adjacent to the 100-year floodplain. 9. Demarcation of public,semi-public and private spaces for crime prevention: a. The structures and site improvements shall be designed so that public areas such as streets or public gathering places,semi-public areas and private outdoor areas are clearly defined to establish persons having a right to be in the space, to provide for crime prevention and to establish maintenance responsibility;and b. These areas may be defined by, but not limited to: (1)A deck,patio, low wall, hedge, or draping vine; (2)A trellis or arbor; (3)A change in elevation or grade; (4)A change in the texture of the path material; (5)Sign;or (6)Landscaping. The existing storage area is fenced and landscaped. The proposed 20'x20' lease area will have additional fencing and landscaping. 10. Crime prevention and safety: a. Windows shall be located so that areas vulnerable to crime can be surveyed by the occupants; Not applicable. No windows involved. b. Interior laundry and service areas shall be located in a way that they can be observed by others; Not applicable. No laundry or service areas involved. c. Mailboxes shall be located in lighted areas having vehicular or pedestrian traffic; Not applicable. No mailboxes involved. d The exterior lighting levels shall be selected and the angles shall be oriented towards areas vulnerable to crime;and The lighting for the equipment are designed to provide adequate lighting for servicing the equipment and security for the servicing technician. The lights are set with an automatic turn off switch, so that the technician can return safely to their vehicle. e.Light fixtures shall be provided in areas having heavy pedestrian or vehicular traffic and in potentially dangerous areas such as parking lots,stairs, ramps and abrupt grade changes. Fixtures shall be placed at a height so that light patterns overlap at a height of seven feet which is sufficient to illuminate a person. The lighting for the equipment are designed to provide adequate lighting for servicing the equipment and security for the servicing technician. The lights are set with an automatic turn off switch, so that the technician can return safely to their vehicle. 11. Public transit: a. Provisions within the plan shall be included for providing for transit if the development proposal is adjacent to or within 500 feet of existing or proposed transit route; Not applicable. No transit at, or within 500 feet,of this location. The proposed use does not generate any traffic that would utilize this service. b. The requirements for transit facilities shall be based on: (1) The location of other transit facilities in the area;and (2) The size and type of the proposal. The proposed use does not generate any traffic that would utilize this service. c. The following facilities may be required after City and Tri-Met review: (1)Bus stop shelters; (2) Turnouts for buses;and (3) Connecting paths to the shelters. The proposed use does not generate any traffic that would utilize this service. 12. Landscaping: a.All landscaping shall be designed in accordance with the requirements set forth in Chapter 18.745; b. In addition to the open space and recreation area requirements of Subsections A.5 and 6 above, a minimum of 20%of the gross area including parking,loading and service areas shall be landscaped;and c.A minimum of 15%of the gross site area shall be landscaped The proposed development will not affect the existing landscaping of the industrial property. It will include screening the compound with 6' evergreen with 95%opacity within 3 years. 13. Drainage:All drainage plans shall be designed in accordance with the criteria in the adopted 1981 master drainage plan; The proposed development will not create additional drainage from the site. 14. Provision for the disabled:All facilities for the disabled shall be designed in accordance with the requirements set forth in ORS Chapter 447;and The proposed development will not involve any facilities for the disabled. 15.All of the provisions and regulations of the underlying zone shall apply unless modified by other sections or this title,e.g.,Planned Developments, Chapter 18.350;or a variance or adjustment granted under Chapter 18.370. No variance or adjustment is needed or requested. Chapter 18.530 Industrial Zonine Districts 18.530.010 Purpose The proposed facility meets the stated purpose of this chapter by complying with the development code. 18.530.020 List of Zoning Districts A. I-P:Industrial Park District The I-P zoning district provides appropriate locations for combining light manufacturing, office and small-scale commercial uses, e.g.,restaurants,personal services and fitness centers, in a campus-like setting. Only those light industrial uses with no off-site impacts, e.g., noise,glare, odor, vibration, are permitted in the I-P zone. In addition to mandatory site development review, design and development standards in the I-P zone have been adopted to insure that developments will be well-integrated, attractively landscaped, and pedestrian friendly. The proposed facility is located in the I-P zone. It will be ancillary to the primary industrial use of the property. It does not result in any off-site impacts from noise,glare,odor,or vibration. 18.530.030 Uses 1.A permitted(P) use is a use which is permitted outright, but subject to all of the applicable provisions of this title. If a use is not listed as a permitted use, it may be held to be a similar unlisted use under the provisions of Chapter 18.230; 2.A restricted(R) use is permitted outright providing it is in compliance with special requirements, exceptions or restrictions; 3.A conditional use(C) is a use the approval of which is at the discretion of the Hearings Officer. The approval process and criteria are set forth in Chapters 18.310 and 18.320. If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Chapter 18.230; 4.A prohibited(11) use is one which is not permitted in a zoning district under any circumstances. B. Use table.A list of permitted,limited, conditional and prohibited uses in industrial zones is presented in Table 18.530.1. C.Accessory structures. 1.Accessory structures are permitted in all industrial zones providing the site is still in compliance with all development standards, including but not limited to setbacks,height,lot coverage and landscaping requirements, of the base zone.All accessory structures shall comply with all requirements of the State Building Code.All accessory structures except those less than 120 square feet in size require a building permit 2.All freestanding and detached towers,antennas, wind-generating devices and TV receiving dishes, except as otherwise regulated by Wireless Communication Facilities(Chapter 18.798), shall have setbacks equal to or greater than the height of the proposed structure.Suitable protective anti-climb fencing and a landscaped planting screen,in accordance with Chapter 18.745,Landscaping and Screening,shall be provided and maintained around these structures and accessory attachments. The proposed facility is identified in Table 18.503.1 under"Other—Wireless Communication Facility. It is allowed as P/R6. Where 6 states: See Chapter 18.798, Wireless Communication Facilities,for definition of permitted and restricted facilities. The proposed tower will be designed to collapse in upon itself in thirds, and thus meets the setback requirements per Chapter 18.798. Landscaping will be installed in accordance with Chapter 18.745. 18.530.040 Development Standards The development standards of the I-P zone are as follows: Minimum Lot Size: None Average Minimum Lot Width: 50' Maximum building height: 45' Front Setback: 35' Side Setback: 0' Rear Setback: 0' Coner Setback: N/A'from street Maximum Site Coverage: 75% Minimum Landscaped or Natural Vegetation Area: 25% The current property is 5.54 acres, with an average lot width of approximately 310'. The existing buildings are less than 45' in height, and the height limit does not apply to wireless communication facility towers. The monopole will be setback approximately 38.5' from the front property line,and the equipment cabinet will be setback approximately 32'-10". The 400 s.f. (20' x 20')lease area is less than 1/10th of 1%of the property,and will therefore have no impact on the percentage of site coverage and landscape coverage. 18.530.050 Additional Development Standards A. Commercial lodging in the I-P zone. The following development standards shall apply for a commercial lodging facility located in the I-P zone: Not applicable—commercial lodging is not proposed. B. Reduction of lot coverage requirements. Lot coverage may be increased from 75%to 80%as part of the site development review process,providing the following requirements are satisfied: No reduction of lot coverage requirements are needed or proposed. C. Day care uses. The following standards shall apply for all commercial day care uses in industrial zones: Not applicable—Day Care use is not proposed. Chapter 18.705 Access, EEress and Circulation 18.705.030 General Provisions C. Joint Access. Owners of two or more uses, structures, or parcels of land may agree to utilize jointly the same access and egress when the combined access and egress of both uses, structures, or parcels of land satisfies the combined requirements as designated in this title,provided: 1. Satisfactory legal evidence shall be presented in the form of deeds, easements, leases or contracts to establish the joint use;and 2. Copies of the deeds, easements, leases or contracts are placed on permanent file with the City. A copy of the lease agreement between Pascuzzi Investments, LLC and ClearWire is provided. Section 7 of the lease grants ClearWire access to the property. Chapter 18.798 Wireless Communication Facilities 18.798.010 Purpose The proposed facility meets the stated purpose of this chapter by complying with the development code. 18.798.020 Definitions The proposed facility meets falls within the definitions associated with a Wireless Communications Facility. 18.798.030 Exemptions The proposed monopole and panel antennas are not exempt under this section and therefore are subject to the provisions of this chapter. The microwave antennas are exempt, but are addressed as well. 18.798.040 Uses Permitted Outright The proposed facility is not a collocation,nor is it located in an I-I-I or I-L zone,and is therefore not permitted outright. 18.798.050 Uses Subject to Site Development Review A. Uses permitted The Director shall review the uses subject to Site Development Review, as regulated byChapter 18.360, using approval criteria contained in Subsection B below. The following uses are subject to approval under this section: 1. Towers in commercial zones and the I-P zone.A tower, including antennas,other support equipment and/or accessory equipment buildings, in any commercial or I-P district,provided that such a tower shall be set back from any existing off-site residence by a distance equal to the height of the tower. The proposed facility is located in an I-P zone,and is more than 100' (the proposed height of the monopole)from any existing off-site residence. Therefore, it is subject to Site Development Review. B. Review criteria.Any use subject to Site Development Review per Subsection A above,shall be evaluated using the following standards: 1.Aesthetic. a. New towers shall maintain a non-reflective grey finish or, if required by the FAA, be painted pursuant to the FAA's requirements; The proposed monopoe will be non-reflective metallic grey. There is no indication that FAA registration is required,and therefore unlikely any painting requirements. b. If collocation on an existing tower is requested,the design of any antenna(s),accessory structures or equipment shall, to the extent possible, use materials, colors and textures that will match the existing tower or non-tower structure to which the equipment of the collocating provider is being attached; Not applicable. The proposal is for a new monopole,not a collocation. c. If collocation on an existing non-tower structure is requested,the antenna(s)and supporting electrical and mechanical equipment shall be a neutral color that is the same as the color as the supporting structure so as to make the antenna(s) and related equipment as visually unobtrusive as possible. Not applicable. The proposal is for a new monopole, not a collocation. 2. Setbacks. a. Towers designed to collapse within themselves shall be set back in accordance with the setbacks contained in the base zone; The setback of the I-P zone for the front or street side property line is 35'. The proposed 100' monopole will be designed to collapse within itself by thirds,and therefore in accordance with the 35' setback. b. Towers not designed to collapse within themselves shall be set back from the property line by a distance equal to the height of the tower. The proposed 100' monopole will be designed to collapse within itself. 3. Tower spacing.No new tower shall be allowed within 500 feet of an existing tower. If having completed the collocation protocol outlined in Section 18.798.080 without success,the provider will be required to build a tower less than 500 feet from an existing tower,it will be required to obtain a Type I adjustment governed by Section 18.370.020.C.8.b. There are no towers within 500 feet of the proposed tower. 4. Tower height. No tower shall exceed 100 feet for a single user or 125 feet for multiple users. The proposed tower will be 100' in height. 5. Lighting. No lighting shall be permitted on a tower except as required by the FAA. There is no indication that lighting will be required by the FAA. No lighting of the tower is proposed. 6. Fencing and security. For security purposes,towers and ancillary facilities shall be enclosed by a minimum six-foot fence. The proposed 20'x20' lease area will be enclosed within a 6-foot fence. 7. Landscaping and screening. a. Landscaping shall be placed outside the fence and shall consist of evergreen shrubs which reach six feet in height and 95%opacity within three years of planting; The proposed facility and lease area will be screened on the north and east sides with evergreen shrubs that will reach a height of 6' and 95% opacity within 3 years of planting. The south side is abutting a 20' tall building. The west side is the point of access and will have some screening,but not entirely. b. When adjacent to or within residentially-zoned property,freestanding towers and accessory equipment facilities shall be screened by the planting of a minimum of four evergreen trees at least 15 feet in height at the time of planting. The planting of said trees shall be prescribed in number by a plan prepared by a registered arborist in locations that(1)most effectively screen the wireless facilities from residential uses and(2)promote the future survival of the trees while limiting adverse effects of the trees on abutting properties.Existing evergreen trees at Wireless Communication Facilities 18.798-5 Code Update: 10/09 least 15 feet in height may be used to meet the screening requirement of this section if the arborist demonstrates that they provide screening for abutting residential uses. The proposed facility is not within or adjacent to residentially-zoned property. 8. Noise. Noise generating equipment shall be sound-buffered by means of baffling, barriers or other suitable means to reduce the sound level measured at the property line to 50 dBA (day)/40 dBA (night) when adjacent to a noise-sensitive land use and 75 dBA (day)/60 dBA (night) when adjacent to other uses. The only noise-generating equipment will be the equipment cabinet,which has an initial output of 61 dBA at the source. The cabinet will be at least 30' from the nearest property line,at which point the noise level drops to 38 dBA. Therefore,the facility will be in compliance with these standards. C. Other requirements.At the time a provider requests a building permit,it must demonstrate compliance to all applicable state and federal regulations, including, but not limited to, the Oregon Uniform Structural and Building Codes and FAA. A structural design and calculations will be provided with the application for building permit,which will be in compliance with code. The proposal does not trigger any requirement to register with the FAA. 18.798.060 Uses Permitted Subject to Conditional Use Review The proposed facility does not meet any criteria for requiring Conditional Use Review. 18.798.070 Submission Requirements The requirements for submission were provided in the pre-application conference notes, and addressed with this application. 18.798.080 Collocation Protocal A. Purpose. The purpose of this requirement is to create a process that will allow providers to equitable share publicly-available, non-proprietary information among themselves, with interested persons and agencies, and with the City, at the time the provider schedules a pre-application conference with the approval authority. This collocation protocol is designed to increase the likelihood that all reasonable opportunities for collocation have been investigated and the appropriate information has been shared among providers. The City recognizes that collocation is preferable, where technologically feasible and visually desirable, as a matter of public policy,but that collocation of antennas by providers is not always feasible for technical or business reasons.However, if all licensed providers are made aware of any pending tower or antenna permit requests,such disclosure will allow providers to have the maximum amount of time to consider possible collocation opportunities,and will also assure the City that all reasonable accommodations for collocation have been investigated. The code creates strong incentives for collocation because proposals for collocation qualify for a less rigorous approval process. The applicant is in compliance with the Purpose of this section,by compliance with the requirements below. B.Applicability.Requirements for the collocation protocol apply only to new towers subject to site development review or conditional use. The proposal is for a new tower subject to site development review, and therefore subject to this regulation. C. Pre-application requirement A pre-application conference is required for all proposed freestanding towers except those in the I-L and I-H zones, which are permitted outright. The applicant attended a pre-application conference. D. Collocation request letter requirement.At the time a pre-application conference is scheduled, the applicant shall demonstrate that the following notice was mailed to all other wireless communication providers licensed to provide service within the City's boundaries: "Pursuant to the requirements of 18.798.080,[name of wireless provider]is hereby providing you with notice of our intent to meet with representatives of the City of Tigard in a pre-application conference to discuss the location a new free-standing wireless communication facility that would be located at [location!.In general, we plan to construct a[type of tower!of[number]feet in height for the purpose of providing[cellular,PCS]service. Please inform us whether your company has any existing or pending wireless facilities located within [distance]of the proposed faciliV,that may be available for possible collocation opportunities. Please provide us with this information within 10 business days after the date of this letter. Your cooperation is appreciated Sincerely[Name of pre-application applicant]." A collocation request letter was sent out,and documentation provided at the time the pre-application conference was scheduled. E.Applicant's obligation to analyze feasibility of collocation. If a response to a collocation request letter is received by an applicant indicating an opportunity for collocation on an existing tower of another provider, the applicant shall make a good faith effort to analyze the feasibility of collocation. This analysis shall be submitted with an application for a freestanding tower.A good faith effort to investigate the feasibility of collocation on an existing facility shall be deemed to have occurred if the applicant submits all of the following information: 1.A statement from a qualified engineer indicating whether the necessary service can or cannot be provided by collocation at the potential collocation site; 2. Evidence that lessor of the potential collocation site either agrees or disagrees to collocation on his/her property; 3. Evidence that adequate site area exists or does not exist at the potential collocation site to accommodate ancillary equipment for the second provider and still meet all of the development standards required in the base zone; 4. Evidence that adequate access does or does not exist at the possible collocation site. There was no response received identifying a collocation opportunity within or near the search ring for the proposed facility. F. Result of collocation feasibility analysis. If the applicant has provided information addressing each of the criteria in Subsection D above,the collocation protocol shall be deemed complete. The applicant's tower shall then be permitted subject to the applicable standards and restrictions contained in this chapter. 18.798.090 Abandoned Facilities The applicant understands and accepts the provisions pertaining to abandoned facilities. Chapter 18.810 Street and Utility Improvement Standards 18.810.020 General Provisions A. When Standards Apply. Unless otherwise provided, construction, reconstruction or repair of streets, sidewalks, curbs and other public improvements shall occur in accordance with the standards of this title. No development may occur and no land use application may be approved unless the public facilities related to development comply with the public facility requirements established in this section and adequate public facilities are available.Applicants may be required to dedicate land and build required public improvements only when the required exaction is directly related to and roughly proportional to the impact of the development. The proposal is for a wireless communications facility tower and compound on an existing industrially developed property. The facility uses no water or sewer. There will be no excess/additional storm drainage discharge as a result of this proposed facility. After construction,the site is visited 3-4 times per year, or on an emergency basis,and thus will not increase vehicular traffic in any significant amount. Therefore,the applicant maintains that there are no dedications or improvements that can be shown to be directly related to nor roughly proportional to the impact of the proposed development. ADDENDUM TO COMPLIANCE WITH CITY OF TIGARD DEVELOPMENT CODE NARRATIVE CASEFILE: SDR2010-00002 RECEIVED Development Code Criteria: AUG 0 5 2010 Chapter 18.705 Access, Egress and Circulation CITY OF TIGARD PLANVING/ENGINEEMING 18.705.030 General Provisions C. Joint Access. Owners of two or more uses, structures, or parcels of land may agree to utilize jointly the same access and egress when the combined access and egress of both uses, structures, or parcels of land satisfies the combined requirements as designated in this title,provided: 1. Satisfactory legal evidence shall be presented in the form of deeds, easements, leases or contracts to establish the joint use;and 2. Copies of the deeds, easements, leases or contracts are placed on permanent file with the City. A copy of the lease agreement between Pascuzzi Investments, LLC and ClearWire is provided. Section 7 of the lease grants ClearWire access to the property. Chapter 18.810 Street and Utility Improvement Standards 18.810.020 General Provisions A. When Standards Apply. Unless otherwise provided, construction, reconstruction or repair of streets, sidewalks, curbs and other public improvements shall occur in accordance with the standards of this title. No development may occur and no land use application may be approved unless the public facilities related to development comply with the public facility requirements established in this section and adequate public facilities are available. Applicants may be required to dedicate land and build required public improvements only when the required exaction is directly related to and roughly proportional to the impact of the development. The proposal is for a wireless communications facility tower and compound on an existing industrially developed property. The facility uses no water or sewer. There will be no excess/additional storm drainage discharge as a result of this proposed facility. After construction,the site is visited 3-4 times per year, or on an emergency basis, and thus will not increase vehicular traffic in any significant amount. Therefore,the applicant maintains that there are no dedications or improvements that can be shown to be directly related to nor roughly proportional to the impact of the proposed development. SITE\.AME Greton SITE\LMBER OR-PORi24 GROUND SITE LEASE AGREEMENT THIS GROUND SITE LEASE AGREEMENT ("Agreement") dated and is effective as of Rot (-k i,1 ,2010,is between Clearwire US LLC,a Nevada limited liability company("Clearwire"or 'Tenant"),and Pascuzzi Investments,an Oregon limited liability company("Owner'or"Landlord"). For good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Premises. Landlord owns a parcel of land ("Land or Property") located in the City of Tigard, County of Washington, State of Oregon, commonly known as 10250 North Dakota St., Tigard, OR(APN: IS 135CB 00200). The Land is more particularly described in Exhibit A annexed hereto. Subject to the provisions of Paragraph 2 below ("Effective Date/Due Diligence Period"), Owner hereby leases to Clearwire and Clearwire leases from Owner approximately Four Hundred (400) square feet of space on the Land and all other access and utility easements necessary or desirable therefore(collectively,"Premises")as may be described generally in Exhibit B annexed hereto. 2. Effective Date/Due Diligence Period. This Agreement shall be effective on the date of full execution hereof("Effective Date").Beginning on the Effective Date and continuing until the Term Commencement Date as defined in Paragraph 4 below ("Due Diligence Period"), Clearwire shall only be permitted to enter the Property for the limited purpose of making appropriate engineering and boundary surveys, inspections, and other reasonably necessary investigations and signal, topographical, geotechnical, structural and environmental tests (collectively,"Investigations and Tests")that Clearwire may deem necessary or desirable to determine the physical condition, feasibility and suitability of the Premises. In the event that Clearwire determines, during the Due Diligence Period,that the Premises are not appropriate for Clearwire's intended use,or if for any other reason,or no reason, Clearwire decides not to commence its tenancy of the Premises, then Clearwire shall have the right to terminate this Agreement without penalty upon written notice to Owner at any time during the Due Diligence Period and prior to the Term Commencement Date. Owner and Clearwire expressly acknowledge and agree that Clearwire's access to the Property during this Due Diligence Period shall be solely for the limited purpose of performing the Investigations and Tests, and that Clearwire shall not be considered an owner or operator of any portion of the Property. and shall have no ownership or control of any portion of the Property(except as expressly provided in this Paragraph 2),prior to the Term Commencement Date. 3. Use. The Premises may be used by Tenant for any lawful activity in connection with the provisions of wireless communications services, including without limitation.the transmission and the reception of radio communication signals and the construction, maintenance and operation of related communications facilities. ((The extent and amount of cooperation by Landlord in making application for and obtaining all licenses, permits and any and all other necessary approvals that may be required for Tenant's intended use of the Premises shall be at the sole discretion of the Landlord.)) 4. Term. The term of this Agreement shall commence upon the date Tenant begins construction of the Tenant Facilities(as defined in Paragraph 6 below)or eighteen(18)months following the Effective Date, whichever first occurs("Term Commencement Date")and shall terminate on the fifth anniversary of the Term Commencement Date("Term")unless otherwise terminated as provided herein. Tenant shall have the right to extend the Term for four(4)successive five(5)year periods("Renewal Terms")on the same terms and conditions as set forth herein except in year two(2)of the Initial Term,and each year thereafter,including throughout any Extension Terms exercised,the monthly rent will increase by four percent(4%)over the Rent paid during the previous year.This Agreement shall automatically be extended for each successive Renewal Term unless Tenant notifies Landlord of its intention not to renew at least thirty(30)days prior to commencement of the succeeding Renewal Term. 5. Rent. 5.1 Within fifteen(15)business days following the Term Commencement Date and on the first day of each month thereafter, Tenant shall pay to Landlord as rent and 00/100 Dollars AIM per month("Rent"). Rent for any fractional month at the beginning or at the end of the Term or Renewal Cleat-mire Communication Tm.er Agreement - t - '22.06 • SITE NA\IE Greton SITE NL.'ABER OR-POR42-I Term shall be prorated. Rent shall be payable to Landlord at 10250 NW North Dakota St, Tigard, OR 97223: Attention: Pasquale Pascuzzi. All of Tenant's monetary obligations set forth in this Agreement are conditioned upon Tenant's receipt of an accurate and executed W-9 Form from Landlord. 5.2 Prior to co-locating on the Tenant's tower,Tenant shall require each additional carrier to enter into a separate lease and access agreement with the Landlord for use of land for their equipment on the Owned Premises. All revenue for the required additional ground lease shall belong to Landlord. All revenue from space rental on the Tennant's tower shall belong to Tenant. 6. Improvements. 6.1 Tenant has the right to construct, maintain, install, repair secure, replace, remove and operate on the Premises radio communications facilities,including but not limited to a tower or pole and foundation, utility lines, transmission lines, an air conditioned equipment shelter(s)and/or an air conditioned equipment room, electronic equipment, transmitting and receiving antennas, microwave dishes, antennas and equipment, a power generator and generator pad, and supporting equipment and structures therefore ("Tenant Facilities"). In connection therewith,Tenant has the right to do all work necessary to prepare,add,maintain and alter the Premises for Tenant's communications operations and to install utility lines and transmission lines connecting antennas to transmitters and receivers. Prior to the commencement of any construction, Landlord shall have the right to review and approve Tenant's plans and specifications, said approval not to be unreasonably withheld, conditioned or delayed. Landlord shall approve such plans and specifications within 10 business days after receipt from Tenant or said plans and specifications will be deemed approved. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in a good and workmanlike manner. Title to the Tenant Facilities and any equipment placed on the Premises by Tenant shall be held by Tenant or its lenders or assigns and are not fixtures. Tenant has the right to remove the Tenant Facilities at its sole expense on or before the expiration or earlier termination of this Agreement, and Tenant shall repair any damage to the Premises caused by such removal. Upon the expiration or earlier termination of this Agreement,Tenant shall remove the Tenant Facilities from the Property. Footings,foundations,and concrete will be removed to a depth of three-feet below grade. Tenant will,to the extent reasonable, restore the Premises to its condition at the commencement of the Agreement, reasonable wear and tear and loss by casualty or other causes beyond Tenant's control excepted. Tenant will not be responsible for the replacement of any trees,shrubs,or other vegetation,nor will Tenant be required to remove from the Premises or the Property any underground utilities. Landlord has the option of taking ownership of the tower and compound, excepting Tenant's equipment upon termination of the lease at no expense to Landlord. 7. Access and Utilities. 7.1 Landlord shall provide Tenant, Tenant's employees, agents, contractors, subcontractors and assigns with access to the Premises twenty-four(24)hours a day,seven(7)days a week,at no charge to Tenant. Landlord grants to Tenant,and Tenant's agents, employees and contractors,a non-exclusive right and easement for pedestrian and vehicular ingress and egress across the Property, and such right and easement may be described generally in Exhibit B. 7.2 Landlord shall maintain all access roadways from the nearest public roadway to the Premises in a manner sufficient to allow pedestrian and vehicular access at all times under normal weather conditions. Landlord shall be responsible for maintaining and repairing such roadways, at its sole expense, except for any damage caused by Tenant's use of such roadways. 7.3 Tenant shall install separate meters for utilities used on the Property and shall pay all charges due to Tenant's use at the rate charged by the servicing utility company. Tenant shall, at Tenant's sole expense, have the right to install utilities and to improve the present utilities on the Property (including, but not limited to, the installation of emergency power generators) reasonably necessary to provide service to the Tenant Facilities. Landlord agrees to sign such documents or easements as may be necessary to provide such utility service to the Premises:provided,however,that any easement necessary for such utilities will be at a location acceptable to Landlord. 8. Interference. Tenant shall operate the Tenant Facilities in compliance with all Federal Communications Commission (-FCC-) requirements including those prohibiting interference to communications facilities of Landlord or other lessees or licensees of the Property,provided that the installation and operation of any Clear%ire Communication Tosser.ageement - 2- `5.22 06 • SITE\A\IE Greton SITE\C\1BER OR-POR424 such facilities predate the installation of the Tenant Facilities. Subsequent to the installation of the Tenant Facilities. Landlord will not,and will not permit its lessees or licensees to.install new equipment on or make any alterations to the Property or property contiguous thereto owned or controlled by Landlord, if such modifications are likely to cause interference with Tenant's operations. In the event interference occurs, Landlord agrees to use best efforts to eliminate such interference in a reasonable time period. 9. Taxes. Tenant shall pay personal property taxes assessed against the Tenant Facilities and Landlord shall pay when due, all real property taxes and all other taxes, fees and assessments attributable to the Premises or this Agreement. 10. Termination. 10.1 This Agreement may be terminated without further liability on thirty (30) days prior written notice as follows: (i)by either party upon a default of any covenant or term hereof by the other party,which default is not cured within sixty(60)days of receipt of written notice of default,except that this Agreement shall not be terminated if the default cannot reasonably be cured within such sixty(60)day period and the defaulting party has commenced to cure the default within such sixty (60) day period and diligently pursues the cure to completion; provided that the grace period for any monetary default is ten (10) days from receipt of written notice. This Agreement may be terminated by Tenant without further liability for any reason or for no reason, provided Tenant delivers written notice of termination to Landlord prior to the Commencement Date. 10.2 This Agreement may also be terminated by Tenant without further liability on thirty(30) days prior written notice (i) if Tenant is unable to reasonably obtain or maintain any certificate, license, permit, authority or approval from any governmental authority,thus,restricting Tenant from installing,removing,replacing, maintaining or operating the Tenant Facilities or using the Premises in the manner intended by Tenant;(ii)if Tenant determines that the Premises are not appropriate for its operations for economic, environmental or technological reasons, including without limitation, signal strength, coverage or interference, or (iii) or Tenant otherwise determines,within its sole discretion,that it will be unable to use the Premises for Tenant's intended purpose. 11. Destruction or Condemnation or Relocation. If the Premises or Tenant Facilities are damaged. destroyed,condemned or transferred in lieu of condemnation,Tenant may elect to terminate this Agreement as of the date of the damage, destruction, condemnation or transfer in lieu of condemnation by giving notice to Landlord no more than forty-five (45) days following the date of such damage, destruction, condemnation or transfer in lieu of condemnation. If Tenant chooses not to terminate this Agreement, Rent shall be reduced or abated in proportion to the actual reduction or abatement of use of the Premises. 12. Insurance:Subro.eation;and Indemnity. 12.1 Tenant shall provide Commercial General Liability Insurance in an aggregate amount of Two Million and No/I 00 Dollars S2,000,000. Tenant may satisfy this requirement by obtaining the appropriate endorsement to any master policy of liability insurance Tenant may maintain. Tenant shall name Landlord as an additional insured at no cost to Landlord and provide Landlord proof of insurance within ten (10) days of written request.Tenant's insurance shall be primary on any claim made against Tenant or Landlord related to the Premises. 12.2 Landlord and Tenant shall each indemnify,defend and hold the other harmless from and against all claims, losses, liabilities, damages. costs, and expenses(including reasonable attorneys' and consultants' fees, costs and expenses) (collectively '`Losses") arising from the indemnifying party's breach of any term or condition of this Agreement or from the negligence or willful misconduct of the indemnifying party or its agents. employees or contractors in or about the Property. The duties described in this Paragraph 12.4 shall apply as of the Effective Date of this Agreement and survive the termination of this Agreement. 13. Assignment. Tenant may assign this Agreement at any time with notice to be provided to Landlord as soon thereafter as reasonably possible. Tenant shall not assign any interest in this Agreement without the prior written consent of Landlord which consent shall not be unreasonably withheld, conditioned or delayed provided however that Tenant may,without Landlord's consent,assign this Lease to a corporation which is a partner. parent,subsidiary or affiliate of Tenant. For the purposes of this Section.a"parent"shall mean a corporation which owns not less than fifty-one percent (51%) of the outstanding stock of Tenant, a "subsidiary" shall mean any corporation not less than fifty-one percent (51%) of whose outstanding stock shall be owned by Tenant. and an Clean,ue Communication Tou et Agreement - 3- %;-22.0, SITE\AMII Grew SITE\LAMER OR-P0/2424 "affiliate" shall mean any partner or corporation not less than fifty-one percent (51%) of whose outstanding stock shall be owned by the Tenant's parent. Upon such assignment to a partner,parent,subsidiary or affiliate of Tenant, such assignee shall succeed to all rights and options of the Tenant hereunder. It is hereby expressly understood and agreed that the assignment of this Lease and the term and estate hereby granted, to (a) any corporation into which Tenant is merged or to which Tenant has sold all or substantially all of its assets, or (b) any entity which is an Affiliate or(c) any entity which is a transferee or assignee of Tenant's FCC wireless license as part of the sale or exchange of all or a majority of Tenant's sites in the market in which the Premises is located (any such corporation, entity or transferee in (a), (b) and (c) being hereinafter called "Assignee"), shall not require Owner's consent; provided (x) that Assignee and Tenant shall promptly execute, acknowledge and deliver to Owner an assignment agreement in form satisfactory to Owner,and(z)that the Assignee is an FCC licensed telecommunications company and otherwise properly licensed to operate the wireless communications system. Tenant,may also, upon notice to Landlord,mortgage or grant a security interest in Tenant's equipment,and may assign this Lease and the equipment to any mortgagees or holders of security interest, including their successors or assigns collectively("Mortgagees"), provided such Mortgagees agree to be bound by the terms and provisions of this Lease. If reasonably required by the Mortgagees, Landlord shall execute such consent to Leasehold or equipment financing. The foregoing notwithstanding, under no circumstances shall any assignee or Mortgagee of Tenant have any property in the Building beyond that of a leasehold interest for the term of the Lease. 14. Title and Quiet Enjoyment. 14.1 Landlord represents and warrants that(i) it has full right,power,and authority to execute this Agreement, (ii) Tenant may peacefully and quietly enjoy the Premises and such access thereto, provided that Tenant is not in default hereunder after notice and expiration of all cure periods, (iii) it has obtained all necessary approvals and consents,and has taken all necessary action to enable Landlord to enter into this Agreement and allow Tenant to install and operate the Facility on the Premises, including without limitation, approvals and consents as may be necessary from other tenants, licensees and occupants of Landlord's Property, and (iv) the Property and access rights are free and clear of all liens,encumbrances and restrictions except those of record as of the Effective Date. 14.2 Tenant has the right to obtain a title report or commitment for a leasehold title policy from a title insurance company of its choice. If,in the opinion of Tenant,such title report shows any defects of title or any liens or encumbrances which may adversely affect Tenant's use of the Premises,Tenant shall have the right to terminate this Agreement immediately upon written notice to Landlord. 15. Environmental. As of the Effective Date of this Agreement: (1) Tenant hereby represents and warrants that it shall not use, generate, handle, store or dispose of any Hazardous Material in. on, under, upon or affecting the Property in violation of any applicable law or regulation, and (2) Landlord hereby represents and warrants that (i) it has no knowledge of the presence of any Hazardous Material located in, on. under, upon or affecting the Property in violation of any applicable law or regulation; (ii) no notice has been received by or on behalf of Landlord from any governmental entity or any person or entity claiming any violation of any applicable environmental law or regulation in,on, under, upon or affecting the Property;and(iii)it will not permit itself or any third party to use, generate, handle, store or dispose of any Hazardous Material in,on, under, upon,or affecting the Property in violation of any applicable law or regulation. Without limiting Paragraph 12.4, Landlord and Tenant shall each indemnify,defend and hold the other harmless from and against all Losses(specifically including,without limitation, attorneys', engineers', consultants' and experts' fees, costs and expenses)arising from (i) any breach of any representation or warranty made in this Paragraph 15 by such party; and/or (ii) environmental conditions or noncompliance with any applicable law or regulation that result. in the case of Tenant. from operations in or about the Property by Tenant or Tenant's agents, employees or contractors, and in the case of Landlord, from the ownership or control of, or operations in or about,the Property by Landlord or Landlord's predecessors in interest, and their respective agents.employees,contractors,tenants,guests or other parties.The provisions of this Paragraph 15 shall apply as of the Effective Date of this Agreement and survive termination of this Agreement. "Hazardous Material" means any solid, gaseous or liquid wastes(including hazardous wastes), regulated substances, pollutants or contaminants or terms of similar import, as such terms are defined in any applicable environmental law or regulation, and shall include, without limitation, any petroleum or petroleum products or by-products, flammable explosives, radioactive materials, asbestos in any form, polychlorinated biphenyls and any other substance or material which constitutes a threat to health,safety,property or the environment or which has been or is in the future determined by any governmental entity to be prohibited. limited or regulated by any applicable environmental law or regulation. Clearwire Communintiun Tower Agreement - 4- 22.00 SITE NAME Greton SITE NUMBER OR•POR42-I 16. Waiver of Landlord's Lien. Landlord hereby waives any and all lien rights it may have,statutory or otherwise concerning the Tenant Facilities or any portion thereof which shall be deemed personal property for the purposes of this Agreement,whether or not the same is deemed real or personal property under applicable laws,and Landlord gives Tenant and Mortgagees the right to remove all or any portion of the same from time to time,whether before or after a default under this Agreement, in Tenant's and/or Mortgagee's sole discretion and without Landlord's consent. 17. Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, or sent by for next-business-day delivery by a nationally recognized overnight carrier to the following addresses: I If to Tenant,to: With a copy to: If to Landlord,to: Clearwire US LLC Clearwire US LLC Pascuzzi Investment LLC Attn: Site Leasing Attention: Legal Department Attn: Pasquale Pascuzzi 4400 Carillon Point 4400 Carillon Point 10250 SW North Dakota St. Kirkland,WA 98033 Kirkland,WA 98033 Tigard,OR 97223 Telephone: 425-216-7600 Telephone: 425-216-7600 I Telephone:503-629-8891 Fax: 425-216-7900 Fax: 425-216-7900 I Fax:503-684-4034 Email:Siteleasingr clearwire.com Landlord or Tenant may from time to time designate any other address for this purpose by written notice to the other party.All notices hereunder shall be deemed received upon actual receipt or refusal to accept delivery. 18. Miscellaneous. 18.1 if Tenant is to pay Rent to a payee other than the Landlord, Landlord shall notify Tenant in advance in writing of the payee's name and address. 18.2 The substantially prevailing party in any legal claim arising hereunder shall be entitled to its reasonable attorney's fees and court costs,including appeals,if any. 18.3 If any provision of the Agreement is invalid or unenforceable with respect to any party. the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable,shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 18.4 Terms and conditions of this Agreement which by their sense and context survive the termination,cancellation or expiration of this Agreement will so survive. 18.5 This Agreement shall be governed under law of the State in which the Premises are located, and be binding on and inure to the benefit of the successors and permitted assignees of the respective parties. 18.6 All Exhibits referred herein are incorporated herein for all purposes. 18.7 This Agreement constitutes the entire Agreement between the parties, and supersedes all understandings, offers, negotiations and other leases concerning the subject matter contained herein. There are no representations or understandings of any kind not set forth herein. Any amendments,modifications or waivers of any of the terms and conditions of this Agreement must be in writing and executed by both parties. 18.8 Landlord agrees not to disclose,without the written consent of Tenant,any of the terms of this Agreement or any other written agreement between the parties relating to the privileges granted herein,except as required by governmental authority.in which case Landlord shall inform Tenant prior to divulging such information. Clean ire Communication Toner Agreement - 5- v 4411'06 ''i SITE NAME Greton SITE NUMBER OR-POR424 IN WITNESS WHEREOF,the parties have entered into this Agreement effective as of the date first above written. LANDLORD: TENANT: Pascuzzi I ,an Oregon limited liability Clearwire US LLC,a Nevada limited liability company company BY `?,I%.4.4 By: .Z t��--•—� Name: PasqualeL.Pad\ Name: ANA HEMMERT DIRECTOR-NETWORK DEPLOYMENT Title: Member Title: Date: 01►lavr( (i! _ gel o Date: MAR 2 9 2010 By: Name: Arthure Pascuzzi Title: Member Date: --I - 2.4t) G By: Name: Ernest Pascuzzi Title: Member Date: C learn ire Communication Loner Agreement - 6- v'5-22-0o • SITE NAME Grewn • SIT!:M.\IBER OR•POR424 IN WITNESS WHEREOF,the parties have entered into this Agreement effective as of the date first above written. LANDLORD: TENANT: Pascuzzi Investments,an Oregon limited liability Clearwirc US LLC,a Nevada limited liability company company By: By: Name: Pasquale L. Pascuzzi Name: Title: Member Title: Date: Date: By: Name: Arthure Pascuzzi Title: Member Date: By: Name: Ernest Pascuzzi Title: Member Date: G 4.9 Cleanure Communication Tower Agreement - 6- °5-22-06 SITE NAME Greton • SITE NUMBER OR-POR424 STATE OF OREGON ) )ss. COUNTY OF WASHINGTON ) I certify that I know or have satisfactory evidence that Pasquale L.Pascuzzi is the person who appeared before me,and said person acknowledged that he signed this instrument,on oath stated that he was authorized to execute the instrument and acknowledged it as a Member of Pascuzzi Investments,an Oregon limited liability company,to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: 2 -1/- /V / / V Notary Public �j Print Name / A ell et p Girl j G ..09"r OFFICIAL SEAL 1 My commission expires 1�- // -/ V 5,AMELA t ttiSON �.. NO TAFt1 PI.I9LIC-OREGON CO MISS'ON NO. 405919 MY COMM SSION EXF•-'FS MAY 11.2010 (Use this space for notary stamp/seal) STATE OF OREGON ) )ss. COUNTY OF WASHINGTON ) I certify that I know or have satisfactory evidence that Arthure Pascuzzi is the person who appeared before me,and said person acknowledged that he signed this instrument,on oath stated that he was authorized to execute the instrument and acknowledged it as a Member of Pascuzzi Investments,an Oregon limited liability company,to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: 2 -1/-/O Notary Public 9/9#7,e-- OFFICIAL SEAL int Name t 4 2'IsLi U M fr PAMELA BENSOC 1 Iy commission expires ,S- /1 -/ d 1 "`I NOTARY PUBLIC-OREGON ! • et.MM'oS■ON 4O. 435819 h1Y COMMISSION FXi✓;Fit%IA ..n.10 . (Use this space for notary stamp/seal) Clearwire Communication Tower Agreement - 7- °542-06 SITE'SAME Grew SITE xUMBER OR-P0R424 • Col t\O C r1 t CLJ STATE OF OREGON ) t�l'S!GfS1 )ss. COUNTY OF WASH INC,MN, ) I certify that I know or have satisfactory evidence that Ernest Pascuzzi is the person who appeared before me,and said person acknowledged that he signed this instrument,on oath stated that he was authorized to execute the instrument and acknowledged it as a Member of Pascuzzi Investments,an Oregon limited liability company, to be the free and voluntary act of such party for the uses and purposes mention•s i• - instrument. Dated: -10 J Notary P Print Na- e-6( �. \c- .1,'M`'`",C1 • JEFF R. K187MSZO N My commi on expires y„o (Use this space for notary stamp/seal) (Notary block for Tenant) STATE OF WASHINGTON ) )ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that N11.71 oei,v of-1 1 is the person who appeared before me,and said person acknowledged that he signed this instrument,on oath stated that he was authorized to execute the instrument and acknowledged it as the VIVe ire' of Clearwire US LLC.a Nevada limited liability company,to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: 21-1.‘-‘ C CF y Notary Public ��y P '�h�'�t Print Name \t'��1-:✓4I C VA N ill/ V AR Y<<;�,� My commission expires (�I 1 C 1•Z- W:4 O1 7 4-3 q rte:r. (Use this space for notary stamp/seal) Clearwire Communication Tower Agreement - 8- v 22-06 RECEIVED JUL 0 2 2010 CITY OF TIGARD PLANNING/ENGINEEPIING Exhibit B IMPACT STUDY IMPACT STUDY Transportation System Impacts: The property on which the site is located has existing access to SW North Dakota Street and SW Tiedeman Avenue. The site will be located at the north end of an existing property, which takes access to/from SW North Dakota Street. Upon completion of construction, a technician will typically visit the site less than once per month,or during equipment failures. The potential 1-2 trips per month is insignificant and will not impact the existing transportation system. There are currently no sidewalks or bike trails along SW North Dakota Street. The proposed lease area is set back sufficiently to not interfere with any such future improvements. Drainage system: The proposed site is located on the east side of the property,at the north end of an existing building, inside a fenced open-air storage area. The 20'x20' area will be graveled, with drainage filtering through the gravel and/or flowing onto the adjacent ground. The proposed site is not located in: Goal 5 Significant Habitat area Goal 5 Safe Harbor CWS FEMA 100-year Flood Plain CWS Vegetated Corridor Tigard Local Wetland Therefore,the proposed facility will have no impact on the existing drainage system. Parks System: The proposed facility is an unmanned facility, and will therefore not impose any increased burden on the park system. Water System: The proposed facility is an unmanned facility and does not utilize water, and will therefore not impose any increased burden on the water system. Sewer System: The proposed facility is an unmanned facility and does not utilize sewer, and will therefore not impose any increased burden on the sewer system. Noise Impacts: The only noise-generating equipment will be the equipment cabinet, which has an initial output of 61 dBA at the source. The cabinet will be at least 30' from the nearest property line, at which point the noise level drops to 38 dBA. Therefore, the facility will be in compliance with noise standards. Dedication of Real Property Interests: The extremely low level of vehicular activity and the fact that it is an unmanned facility establishes no rational nexus for requirement of public improvements or dedications for the proposed facility. a RECEIVED JUL 0 2 2010 CITY OF TIGARD PLANNINGIENGINEERING Exhibit C CLEAN WATER SERVICES CleanWater Services (fur commitment is cleaar. July 01, 2010 TOPP, STEVEN W. 12566 SW BRIDGEVIEW CT TIGARD, OR 97223 RE: CWS file 10-001192 (Tax map 1S135CB Tax lot 00200); Wireless Communication Facility Clean Water Services has received your Sensitive Area Certification for the above referenced site. District staff has reviewed the submitted materials including site conditions and the description of your project. Staff concurs that the above referenced project will not significantly impact the existing Sensitive Areas found near the site. In light of this result, this document will serve as your Service Provider letter as required by Resolution and Order 07-20, Section 3.02.1. All required permits and approvals must be obtained and completed under applicable local, state, and federal law. This letter does NOT eliminate the need to protect additional Sensitive Areas if they are subsequently identified on your site. If you have any questions, please feel free to call me at (503) 681-3653. Sincerely, -1,j • .-) Amber Wierck Environmental Plan Review (Attachments 3) 2550 SW Hillsboro Highway• Hillsboro, Oregon 97123 Phone: (503) 681-3600 • Fax: (503)681-3603 •www.CleanWaterServices.org PROPRIETARY INFORMATION e R THE INFORMATION CONTAINED IN THIS SET OF clear r e CONSTRUCTION DOCUMENTS IS PROPRIETARY BY NATURE. , s ''° ANY USE OR DISCLOSURE OTHER THAN THAT WHICH 4400 CARILLON POINT '/Y/�,Rq J//�/ RELATES TO CARRIER SERVICES IS STRICTLY PROHIBITED. KIRKIAND. WA 98033 / y� "fgeeeg, PACIFIC TELECOM SERVICES, LLC 569 First Alwn24 5.,Sull4 650 . • . /./"1 542910,0 99t 04 —•� _ 4_-�Il �[ Ph2na:(206)543-9000 Fax:(208)901-9513 Approved Clean Water Services �.A EiJJ:RQn1 AAIE .ST 4- J t e-,.....) �C$ �fa Bye_ Date -/I f I O RICHARD B.HALL n T SP L rt t E1 I OF 3 • SEATTLE,WA p, - 4�'� 5008 CS DRAWING INDEX LEGAL DESCRIPTION ?� OF 0gti SHEET DESCRIPTION PART OF SECTION 35,TOWNSHIP 1 SOUTH, RANGE z WEST, EXPIRATION DATE OF THE OF THE WILLAMETTE MERIDIAN, IN THE COUNTY OF fa -- J+ T-1 TIRE SHEET WASHINGTON AND STATE OF OR, DESCRIBED AS FOLLOWS: LICENSE:06/30/10 l7� G-1 GENERAL NOTES BEGINNING AT A POINT 369429 FT.WEST OF THE NORTHEAST CORNER OF THE JOHN L HICKUN DONATION �,='-;_=__:- C-1 SITE SURVEY(BY OTHERS) LAND CLAIM, SAID POINT BEING 50 FT.WESTERLY OF,WHEN '�+ _ - MEASURED AT RIGHT ANGLES TO,THE ORIGINALLY LOCATED *_a_;1 -- N C-2 SITE SURVEY(BY OTHERS) i�- _ lr CENTER LINE OF THE SOUTHERN PACIFIC COMPANY'S REIN.; -- A-1 OVERALL SITE PLAN THENCE,519'30'30'E PARALLEL WITH THE C.L OF SAID _=c?- A I' R.O.W., 207.49 FT.TO A POINT 35 FT.WESTERLY OF,WHEN " A-2 SITE PLAN MEASURED AT RIGHT ANGLES TO,THE LOCATED C.L. OF THE A-3 ENLARGED SITE PLAN AND ELEVATION OREGON ELECTRIC RA)LWAYS CONNECTION TO THE SOUTHERN J - A-4 EQUIPMENT DETAAS PACIFIC COMPANY'S TRACK;THENCE,ALONG A UNE PARALLEL WITH THE 35 FY.WESTERLY FROM THE CENTER yip6,°�i _ A-5 FENCE DETAILS LINE OF SAD CONNECT ON AS FOLLOWS,ALONG CURVE TO W Ty- . THE RIGHT(RAD 783.64 FT.) (THE CHORD OF WHICH BEARS - A-6 COAX DETAILS CC �A, ' - __ 503'58'30-E, 227.82 FT.)TO A POINT;THENCE•ALONG A A-7 CONSTRUCTION DETAILS CURVE TO THE RIGHT (RADIUS 1257.57 FT.) (THE CHORD 1/-0� Q _ =_ '- RF-1 RF INFORMATION AND DETAILS OF WHIC4 BEARS SO6'02'10'W, 72.56)TO A POINT;THENCE ' �, N n LEAVING SID PARALLEL UNE,WEST 430.93 FT.T'0 A POINT SWEEP TEST IN THE WEST UNE OF THE PARCEL OF LAND CONVEYED TO CV OY 1- 'q_ ;.T.7- .,- THE BEAVERTON AND WILISBURG RAILROAD COMPANY BY TT�....�-( '�' O ."-.tr�4 K-1 GROUNDING SCHEMATIC THE INVESTMENT CO. BY DEED DATED SEPT. 18, 1907 AND 1 CC §_i _1c E-2 GROUNDING DETAILS RECORDED NOV. 1, 1907. IN DEED BOOK 77. PAGE 361, l x O r RECORD OF DEEDS OF SAID WASHINGTON COUNTY;THENCE + I--�� E-S ELECTRICAL DETAILS N ALONG THE W LINE OF SAID PARCEL OF LAND,495.0 FT. O O -- N TO THE NW CORNER OF THE TWO PARCEL OF LAND; - ) - Z IS = g3a =' - THENCE EAST ALONG THE NORTH UNE OF SAID PARCEL OF �^/ ,I . LI mss.• FF-F••••L..LLL •l LL s =_ LAND 353.49 FT. TO THE POINT OF BEGINNING_ ._ � V O to us s T r _ NOTES CV '.. = T s ,�- I. (12) RUNS OF FIBER CABLE AND (5) RUNS OF 1/2' r'i. COAX TO BE INSTALLED TO INTERIOR OF TOWER 2.ANTENNAS AND MOUNTING HARDWARE TO BE PAINTED TO Sim U '-3 MATCH PROPOSED MONOPOLE ABBREVIATIONS A/C AIR CONDITIONING HORZ HORIZONTAL PLYWD PLYWOOD ABOVE CROIJND L HR HOUR PROD PROJECT S,TAKE EXIT 218 TO APPROX APPROXIMATELY HT HEIGHT PROP PROPERTY NIARO HVAC HEATING PT PRESSURE TREATED BLVD/OR-99W S BLDG BUILDING VFNULATION AN AVE.SLIGHT RIGHT BLK BLOCKING AIR CONOMONING REO RREQUIRED NO. DATE DESCRIPTION-REVISIONS IMTUL CLG CEILING ID INSIDE DIAMETER RO ROUGH OPENING 1 M-21-10 PRIM= OMER RJR CLR CLEAR IN INCH CONC CONCRETE INFO INFORMATION SHT SHEET 2 01-2/-l0 BAIL mFamnml GRAMM FUR CONST CONSTRUCTION INSUL INSULATION SIT SIMILAR CONT CONTINUOUS INT INTERIOR SPEC SPECIFICATION IBC INTERNATIONAL SF SQUARE FOOT DBL DOUBLE BUILDING CODE 55 STAINLESS STEEL - DIA DIAMETER ST1. STEEL DIAC DIAGONAL LBS POUNDS STRUCT STRUCTURAL ITN DOWN STD STUD DU DETAIL MAX MAXIMUM SUSP SUSPENDED DWG DRAWING MECH MECHANICAL MR METAL THRU THROUGH EA EACH MFR MANUFACTURE TNNG TINNED NOT FOR CONSTRUCTION UNLESS ELEV ELEVATION MCR MANAGER TYP TYPICAL LABELED C STCTION CONSTRUCTION SET MEC ELECTRICAL MIN MINIMUM EO EQUAL MISC MISCELLANEOUS UNO UNLESS NOTED OTHERWISE ' EQUIP EQUIPMENT EXT EXTERIOR NA NOT APPLICABLE VERT VERTICAL SHEET TITLE NIC NOT IN CONTRACT ME VERIFY IN FIELD FIN FINISH NTS NOT TO SCALE TIRE SHEET FLUOR FLOURESCENT W/ WITH FUR FLOOR OC ON CENTER W/O WITHOUT FT FOOT OD OUTSIDE DIAMETER WP WATER PROOF GA GAUGE SHEET NUMBER GALV GALVANIZED GC GENERAL CONTRACTOR �GRNO GROUND ARE BEING REVIEWED GYP BD GYPSUM WALL BOARD • 'TITLE COMMITMENT LEGAL DESCRiF RAILS A 50 Part of Section 35, Township 1 South, Range 2 Was Meridian, In the County of Washington and state of 5� as follows: i� 0 0 � Beginning at a point 3694.29 feet West of the Nortl 'K ( 7 John I. Hicklin Donation Land Claim, said point being V 4'O \I of, when measured at right angles to, the originally of the Southern Pacific Company's right of way, The 111.illim\ tun 19'30'30- East parallel with the center line of said r feet to a point 35 feet Westerly of, when measured the located center line of the Oregon electric Railwc the Southern Pacific Company's Track; Thence, along �G , �f� with the 35 feet Westerly from the center line of sc rs" follows, along curve to the right (radius 783.64 feet � ..� �� r 41\7 TELEPHONE RISER which bears South 03'58'30' East, 227.82 feet) to ( Na■ 11447 along a curve to the right (radius 1257.57 feet) (th D bears South 06'02'10' West, 72.56) to a point Ther AREA SITE BENCHMARK parallel line, West 430.93 feet to a point In the Wee \E\LEVATION.= 180.64' of land conveyed to the Beaverton and Wflisburg Ral STING A�A. �78, \� 5Th c the investment Co. by deed doted Septenber 18, 191 November i, 1907, In deed book 77, page 361, Recc said wWashington County, Thence North along the W paecel of land, 495.0 feet to the Northwest corner No of land; Thence East along the North line of said p 353.49 feet to the point of beginning. Z -11 N� MISCELLANEOUS NOTES E)QSnN n 1. The locations of all utilities shown on the surve S�TRUC 'r + p surface evdence only. /j A `� lot 2. At the time of this survey there was no obser, evidence of earth moving work, building construction V u' additions within recent months, 3. At the time of this survey, there was no obser the subject property being used as a solid waste d r y� q sanitary landfill. 5 Tl E • l(J Co(l 1 Q, 4. At the time of this survey, there was no obser S W. NORTH DAKOTA STREET any recent changes in street right-of-way lines sit Approved proposed, and available from the controlling jurisdlc Glen Wa-er Services 5. At the time of this survey, there was no obser � any recent street or sidewalk construction or repair 4" �i' R"Jµ6"1TA L ' ..j le,...) 6. The property is designated by Washington Counl Lot 200, Map 15 2 35CB. PROPOSED CIFARWIRE By A-4..3 Date ale / 10 i LEASE AREA 472 SQ. FT. POINT OF BEGINNING �p L _ FLOOD NOTE STATE PLANE COORDINATES �7T 14� .� �, By scaled map location and y p graphic plotting only, NORTH: 854358.33 property appears to Ile entirely in Zone X accordin EAST: 7616463.72 EXISTING Insurance Rate Map, Community Panel No. 410276; S8748 .E STRUCTURE Dote February 18, 2005. 26.00' PROPOSED CENTER OF 3 TOWER LOCATION 0 LATITUDE: N 452246'54 GRAPHIC SCALE _ LONGITUDE: W 122'46'54.7' W °o n GROUND = 169.38' v en 50 0 25 50 100 4.00 STATE PLANE COORDINATES NORTH: 654338.35 20.00' EAST: 7616462.95 W87' :35-w ( IN FEET ) 50 SCALE F 1 inch = 50 ft. 25 SCALE P l -1:--ft. I l� -v• , 7vr*er S'`UCij) E / A ` I �ai AIL "A" 1_j it i`tTOn. >: _`►�"e. i� j . ATTED ON 11'X17' SURVEY LEGEND �� ,- - A/ ; eF OTTED ON 24"X36" '1. ',1 Existing tree it ,,,A-'• d :1.4101E7/ BFIIlW�f� 4L DESCRIPTION I • El tffi,1 {a Range 1 West, Willamete Meridian, C� Existing power pole L 'B+ s °I Ii i3 s'fig ring description being referenced lEL � �l m A � ' u Existing telephone riser 983, Oregon North Zone: n: � ordinates of 654358.33 North. Existing gaurdrall hiTzlays distance of 20.00 feet to a point VI y e} t IP ei ' P Existing fence ,WA , 7616462.95 East; Thence North l: s e f - 1 -' '7' .s t having state plane coordinates • Site Benchmark ir,l - -.4 ' : • h 02'11'25' East. a distance of Elevation = 180.64 feet =1j%,L . . .. ; .:-le.:,.. ,* n of 654347.10 North. 7616443.27 M 0 >? ' 5.00 feet �5Y" Existing water valve _ 17.33 North, 7616437.28 East; ,�f rl1d ',- t. '_ X.- r net to a point having state plane '�' Existing fire hydrant ` 'A 4 ;.,17 y-+ ; Thence , South 87'48'35' East, a Existing rail rood crossing sign ' VICINITY MAP I RIR NOT TO SCALE • c RAILS 411111, 0 51 .tdi ° °3 , -- 10"-J111111/imm■ari G INMAN I P FA WILIffer I 17"WI IPA%Pt Ildralwrilitiiimusui1 _...iimy I) ERA PROP 041019*%111(Wsi !•AREA APPRO70YAlE \ 400 SQ.FT \\� SUNG / FANNO CREEK 1 \ SEE OEfAN_'A' /'1B• �,1 k y w, (ORAPH,CALY DEPIC1ED) �- \ / cl\ PARENT PARCEL DOCUMENT NO. 95-037912 / I- 9:1 / ‘ Mae". rP 9O A bEJ ELa AAE-i.)T I S .11 OE_F +ifQ !Oa FE- Xo.-1 SErJS, nJE 4 EA w s , . 0-06119, 2_ Approved L Clean Water Services T nI J N/2-0&). .��T,A-C . ___A} .E.L. BY f__ Date "I--/,/ to Sri ,err ,,.,.e,o - 3 a� 3 Exhibit D TREE REMOVAL PLAN AND MITIGATION NOT APPLICABLE — NO TREES TO BE REMOVED AS A RESULT OF THIS DEVELOPMENT. R-4e -- A/op / Cal/ 10 .i Con4 r en ce At 71e 5 • CITY OF TIGARD PRE-APPLICATION CONFERENCE NOTES ' • (Pre-Application Meeting Notes are Valid for Six (6)Months) TIGARD PRE-APP.MTG.DATE: d( tot/g STAFF AT PRE-APP.: ( "' 60 `JJ NON-RESIDENTIAL APPLICANT: ClearWire USA, LLC (Kevin Maki AGENT: Steven W Topp, AICP Phone: (425) 766-6374 Phone: (503) 708-7337 PROPERTY LOCATION: .-DDR.ESS/GENERAL LOCATION: 10250 SW North Dakota Street TAX MAP(S)/LOT#(S): 1 S135CB-00200 .NECESSARY APPLICATIONS: Conditional Use (125' monopole) or (Site Development Review for 100' monopole) PROPOSAL DESCRIPTION: Construct a 125 ft monopole north of 10250 SW North Dakota St between the building and the right of way. Pole and accessory structure are proposed in a 20 X 20 ft fenced enclosure. COMPREHENSIVE PLAN MAP DESIGNATION: I-P - Industrial Park District ZONING MAP DESIGNATION: I-P Industrial Park ZONING DISTRICT DIMENSIONAL REQUIREMENTS (Refer to Code Section 18.530) MINIMUM LOT SIZE: None sq. ft. Average Min. lot width: 50 ft. Max.building height: 45 ft. Setbacks: Front: *35 ft. Side: 0 ft. Rear: 0 ft. Corner: N/A ft. from street. MAXIMUM SITE COVERAGE: 75%. Minimum landscaped or natural vegetation area: 25%. ❑ NEIGHBORHOOD MEETING (Refer to the Neighborhood Meeting Handout) THE APPLICANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET, INI'ERESI'ED PARTIES,AND THE CITY OF TIGARD PLANNING DIVISION of their proposal. A minimum of two (2) weeks between the mailing date and the meeting date is required. Please review the Land Use Notification handout concerning site posting and the meeting notice. Meeting is to be held prior to submitting your application or the application will not be accepted. * NOTE: In order to also preliminarily address building code standards, a meeting with a Plans Examiner is encouraged prior to submittal of a land use application. ® NARRATIVE (Refer to Code Chapter 18.390) The APPLICANT SHALL SUBMIT A NARRATIVE which provides findings based on the applicable approval standards. Failure to provide a narrative or adequately address criteria would be reason to consider an application incomplete and delay review of the proposal. The applicant should review the code for applicable criteria. CITY OF TIGARD Pre-Application Conference Notes Page 1 of 8 NON-Residential Application/Planning Division Section Z IMPACT STUDY (Refer tode Sections 18.390.040 and 18.390.050) As a part of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to INCLUDE IMPACT STUDY with their submittal package. The impact study shall quantify the effect of the development on public facilities and services. The study shall address,at a minimum, the transportation system,including bikeways, the drainage system,the parks system,the water system,the sewer system and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication requirement, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. ❑ ACCESS (Refer to Chapters 18.705 and 18.765) Minimum number of accesses: . Minimum access width: Minimum pavement width: All driveways and parking areas,except for some fleet storage parking areas,must be paved. Drive-in use queuing areas: ❑ WALKWAY REQUIREMENTS (Refer to Code Section 18.705.030) WALKWAYS SHALL EXTEND FROM THE GROUND FLOOR ENTRANCES OR FROM THE GROUND FLOOR LANDING OF STAIRS, ramps, or elevators of all commercial, institutional, and industrial uses, to the streets which provide the required access and egress. Walkways shall provide convenient connections between buildings in multi-building commercial, institutional, and industrial complexes. Unless impractical, walkways should be constructed between a new development and neighboring developments. ❑ SPECIAL SETBACKS (Refer to Code Chapter 18.730) ➢ STREETS: feet from the centerline of ➢ LOWER INTENSITY ZONES: feet,along the sites boundary. ➢ FLAG LOT: 10-FOOT SIDE YARD SETBACK. ❑ SPECIAL BUILDING HEIGHT PROVISIONS (Refer to Code Section 18.730.010.B.) 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('/a) of the building's height; and • The structure will not abut a residential zoned district. ❑ BUFFERING AND SCREENING (Refer to Code Chapter 18.745) In order TO INCREASE PRIVACY AND TO EITHER REDUCE OR ELIMINATE ADVERSE NOISE OR VISUAL IMPACTS between adjacent developments, especially between different land uses, the City requires landscaped buffer areas along certain site perimeters. Required buffer areas are described by the Code in terms of width. Buffer areas must be occupied by a mixture of deciduous and evergreen trees and shrubs and must also achieve a balance between vertical and horizontal plantings. Site obscuring screens or fences may also be required; these are often advisable even if not required by the Code. The required buffer areas may only be occupied by vegetation, fences, utilities, and walkways. Additional information on required buffer area materials and sizes may be found in the Development Code. The ESTIMATED REQUIRED BUFFER WIDTHS applicable to your proposal area are: feet along north boundary. feet along east boundary. feet along south boundary. feet along west boundary. IN ADDITION,SIGHT OBSCURING SCREENING IS REQUIRED ALONG: CITY OF TIGARD Pre Application Conference Notes Page 2 of 8 NON-Residential Application/Planning Division Section LANDSCAPING (Refer t.. ,:ode Chapters 18.745,18.765 and 18.705 STREET TREES ARE REQUIRED FOR ALL DEVELOPMENTS FRONTING ON A PUBLIC OR PRIVATE STREET as well as driveways which are more than 100 feet in length. Street trees must be placed either within the public right-of-way or on private property within six (6) feet of the right-of-way boundary. Street trees must have a minimum caliper of at least two (2) inches when measured four (4) feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the branching width of the proposed tree species at maturity. Further information on regulations affecting street trees may be obtained from the Planning Division. A MINIMUM OF ONE (1) TREE FOR EVERY SEVEN (7) PARKING SPACES MUST BE PLANTED in and around all parking areas in order to provide a vegetative canopy effect. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. These design features may include the use of landscaped berms,decorative walls,and raised planters. ❑ RECYCLING (Refer to Code Chapter 18.755) Applicant should CONTACT FRANCHISE HAULER FOR REVIEW AND APPROVAL OF SITE SERVICING COMPATIBILITY. Locating a trash/recycling enclosure within a dear vision area such as at the intersection of two (2) driveways within a parking lot is prohibited. Much of Tigard is within Pride Disposal's Service area. Pride Disposal can be reached at(503) 625-6177. ❑ PARKING (Refer to Code Section 18.765.040) REQUIRED parking for this type of use: Parking SHOWN on preliminary plan(s): SECONDARY USE REQUIRED parking. Parking SHOWN on preliminary plan(s): NO MORE THAN 50%OF REQUIRED SPACES MAY BE DESIGNATED AND/OR DIMENSIONED AS COMPACT SPACES. PARKING STALLS shall be dimensioned as follows: • Standard parking space dimensions: 8 feet,6 inches x 18 feet,6 inches. • Compact parking space dimensions: 7 feet,6 inches x 16 feet,6 inches. Note: Parking space width includes the width of a stripe that separates the parking space from an adjoining space. Note: A maximum of three (3)feet of the vehicle overhang area in front of a wheel stop or curb can be included as part of required parking space depth. This area cannot be included as landscaping for meeting the minimum percentage requirements. 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,is mandated by the Americans with Disabilities Act (ADA). A handout is available upon request. A handicapped parking space symbol shall be painted on the parking space surface and an appropriate sign shall be posted. ► BICYCLE RACKS ARE REQUIRED FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in convenient locations. ❑ LOADING AREA REQUIREMENTS (Refer to Code Section 18.765.080) 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. ❑ BICYCLE RACKS (Refer to Code Section 18.765) 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. CITY OF TIGARD Pre-Application Conference Notes Page 3 of 8 NON-Residential Application/Planning Division Section n SENSITIVE LANDS (Re...to Code Chapter 18.775) The Code provides REGULATIONS FOR LANDS WHICH ARE POTENTIALLY UNSUITABLE FOR DEVELOPMENT DUE TO AREAS WITHIN THE 100-YEAR FLOODPLAIN, NATURAL DRAINAGEWAYS,WETLAND AREAS,ON SLOPES IN EXCESS OF 25 PERCENT,OR ON UNSTABLE GROUND. Staff will attempt to preliminary identify sensitive lands areas at the pre-application conference based on available information. HOWEVER, the responsibility to precisely identify sensitive land areas. and their boundaries.is the responsibility of the applicant. Areas meeting the definitions of sensitive lands must be dearly indicated on plans submitted with the development application. Chapter 18.775 also provides regulations for the use, protection, or modification of sensitive lands areas. RESIDENTIAL DEVELOPMENT IS PROHIBITED WITHIN FLOODPLAINS. ❑ STEEP SLOPES (Refer to Code Section 18.775.080.C) When STEEP SLOPES exist, prior to issuance of a final order, a geotechnical report must be submitted which addresses the approval standards of the Tigard Community Development Code Section 18.775.080.C. The report shall be based upon field exploration and investigation and shall include specific recommendations for achieving the requirements of Section 18.775.080.C. ® CLEAN WATER SERVICES (CWS) BUFFER STANDARDS (Refer to CWS R&O 07-20/USA Regulations-Chapter 3) LAND DEVELOPMENT ADJACENT TO SENSITIVE AREAS shall preserve and maintain or create a vegetated corridor for a buffer wide enough to protect the water quality functioning of the sensitive area. Design Criteria: The VEGETATED CORRIDOR WIDTH is dependent on the sensitive area. The following table identifies the required widths: TABLE 3.1 VEGETATED CORRIDOR WIDTHS SOURCE: CWS DESIGN AND CONSTRUCTION STANDARDS MANUAL/RESOLUTION &ORDER 07-20 SENSITIVE AREA DEFINITION SLOPE ADJACENT WIDTH OF VEGETATED TO SENSITIVE AREA4 CORRIDOR PER SIDES • Streams with intermittent flow draining <25"0 10 to<50 acres 15 feet I >50 to <100 acres 25 feet • Existing or created wetlands <0.5 acre 25 feet • Existing or created wetlands>0.5 acre <25% 50 feet • Rivers,streams,and springs with year-round flow • Streams with intermittent flow draining>100 acres • Natural lakes and ponds • Streams with intermittent flow draining: >25% I 10 to<50 acres 30 feet >50 to<100 acres 50 feet • Existing or created wetlands >25% Variable from 50-200 feet. Measure in 25- • Rivers,streams,and springs with year-round flow foot increments from the starting point to • Streams with intermittent flow draining>100 acres the top of ravine(break in<25%slope), • Natural lakes and ponds add 35 feet past the top of ravine6 4Starting point for measurement=edge of the defined channel(bankful flow)for streams/rivers,delineated wetland boundary,delineated spring boundary,and/or average high water for lakes or ponds,whichever offers greatest resource protection. Intermittent springs,located a minimum of 15 feet within the river/stream or wetland vegetated corridor,shall not serve as a starting point for measurement. 5Vegetated corridor averaging or reduction is allowed only when the vegetated corridor is certified to be in a marginal or degraded condition. 6The vegetated corridor extends 35 feet from the top of the ravine and sets the outer boundary of the vegetated corridor. The 35 feet may be reduced to 15 feet,if a stamped geotechnical report confirms slope stability shall be maintained with the reduced setback from the top of ravine. CITY OF TIGARD Pre-Application Conference Notes Page 4 of 8 NON-Residential Application/Planning Division Section Restrictions in the Vegetate ridor: 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 provided for in the CW/S Design and Construction Standards. Location of Vegetated Corridor: IN ANY RESIDENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCELS or lots intended for separate ownership,such as a subdivision,the vegetated corridor shall be contained in a separate tract,and shall not be a part of any parcel to be used for the construction of a dwelling unit. CWS Service Provider Letter PRIOR TO SUBMITTAL of any land use applications, the applicant must obtain a CWS Service Provider Letter which will outline the conditions necessary to comply with the CWS R&O 07-20 sensitive area requirements. If there are no sensitive areas,CWS must still issue a letter stating a CWS Service Provider Letter is not required. ❑ SIGNS (Refer to Code Chapter 18.780) SIGN PERMITS MUST BE OBTAINED PRIOR TO INSTALLATION OF ANY SIGN in the City of Tigard. A "Guidelines for Sign Permits" handout is available upon request. Additional sign area or height beyond Code standards may be permitted if the sign proposal is reviewed as part of a development review application. Alternatively,a Sign Code Exception application may be filed for Director's review. ® TREE REMOVAL PLAN REQUIREMENTS (Refer to Code Section 18.790.030.0 and the "Tree Plan Requirements Handout" included in your pre-application conference packet) A TREE PLAN FOR THE PLANTING,REMOVAL AND PROTECTION OF TREES prepared by a certified arborist shall be provided for any lot,parcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review, planned development, or conditional use is filed. PROTECTION IS PREFERRED OVER REMOVAL WHEREVER POSSIBLE (Address all items in the City's Tree Plan Requirements Handout). THE TREE PLAN SHALL INCLUDE the following • Identification of the location, size and species of all existing trees including trees designated as significant by the City; Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.790.060.D according to the following stanrds and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: Retainage of less than 25% of existing trees over 12 inches in caliper requires a mitigation program according to Section 18.150.070.D.of no net loss of trees; Retainage of from 25 to 50% of existing trees over 12 inches in caliper requires that two-thirds of the trees to be removed be mitigated according to Section 18.790.060.D.; I Retainage of from 50 to 75%of existing trees over 12 inches in caliper requires that 50%of the trees to be removed be mitigated according to Section 18.790.060.D.; Retainage of 75%or greater of existing trees over 12 inches in caliper requires no mitigation; • Identification of all trees which are proposed to be removed;and • A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. TREES REMOVED WITHIN THE PERIOD OF ONE (1) YEAR PRIOR TO A DEVELOPMENT APPLICATION LISTED ABOVE will be inventoried as part of the tree plan above and will be replaced according to Section 18.790.060.D. CITY OF TIGARD Pre-Application Conference Notes Page 5 of 8 NON-Residential Application/Planning Division Section Z MITIGATION (Refer to Section 18.790.060.E.) REPLACEMENT OF A TREE shall take place according to the following guidelines: ► A replacement tree shall be a substantially similar species considering site characteristics. • If a replacement tree of the species of the tree removed or damaged is not reasonably available, the Director may allow replacement with a different species of equivalent natural resource value. • If a replacement tree of the size cut is not reasonably available on the local market or would not be viable, the Director shall require replacement with more than one tree in accordance with the following formula: The number of replacement trees required shall be determined by dividing the estimated caliper size of the tree removed or damaged, by the caliper size of the largest reasonably available replacement trees. If this number of trees cannot be viably located on the subject property, the Director may require one (1) or more replacement trees to be planted on other property within the city,either public property or, with the consent of the owner,private property. • The planting of a replacement tree shall take place in a manner reasonably calculated to allow growth to maturity. IN-LIEU OF TREE REPLACEMENT under Subsection D of this section, a party may, with the consent of the Director,elect to compensate the City for its costs in performing such tree replacement. ❑ CLEAR VISION AREA (Refer to Code Chapter 18.795) The City requires that CLEAR VISION AREAS BE MAINTAINED BETWEEN THREE (3) AND EIGHT (8) FEET IN HEIGHT at road/driveway, road/railroad, and road/road intersections. The size of the required clear vision area depends upon the abutting street's functional classification and any existing obstructions within the clear vision area. ❑ ADDITIONAL LOT DIMENSIONAL REQUIREMENTS (Refer to Code Section 18.810.060) MINIMUM LOT FRONTAGE: 25 feet unless lot is created through the minor land partition process. Lots created as part of a partition must have a minimum of 15 feet of frontage or have a minimum 15-foot-wide access easement. The DEPTH OF ALL LOTS SHALL NOT EXCEED 21/2 TIMES THE AVERAGE WIDTH, unless the parcel is less than 11/2 times the minimum lot size of the applicable zoning district. CODE CHAPTERS /® 18.330(Conditional Use) ❑ 18.620(Tigard Triangle Design Standards) ❑ 18.760(Nonconforming Situations) ( ❑ 18.340(Director's Interpretation) ❑ 18.630(Washington Square Regional Center) El 18.765(Off-Street Parking/Loading Requirements) ❑ 18.350(Planned Development) ❑ 18.640(Durham Quarry Design Standards) El 18.775(Sensitive Lands Review) LP® 18.360(Site Development Review) ❑ 18.705(Access/Egress/Circulation) El 18.780(Signs) ® 18.370(Variances/Adjustments) ❑ 18.710(Accessory Residential Units) El 18.785(Temporary Use Permits) ❑ 18.380(Zoning Map/Text Amendments) ❑ 18.715(Density Computations) ❑ 18.790(Tree Removal) ❑ 18.385(Miscellaneous Permits) ❑ 18.720(Design Compatibility Standards) ❑ 18.795(Visual Clearance Areas) ® 18.390(Decision Making Procedures/Impact Study) ❑ 18.725(Environmental Performance Standards) ® 18.798(Wireless Communication Facilities) ❑ 18.410(Lot Line Adjustments) ❑ 18.730(Exceptions To Development Standards) ❑ 18.810(Street&Utility Improvement Standards) ❑ 18.420(Land Partitions) ❑ 18.740(Historic Overlay) ❑ 18.430(Subdivisions) ❑ 18.742(Home Occupation Permits) ❑ 18.510(Residential Zoning Districts) ❑ 18.745(Landscaping&Screening Standards) ❑ 18.520(Commercial Zoning Districts) El 18.750(Manufactured/Mobil Home Regulations) ® 18.530(Industrial Zoning Districts) El 18.755(Mixed Solid Waste/Recyding Storage) CITY OF TIGARD Pre-Application Conference Notes Page 6 of 8 NON-Residential Application/Planning Division Section . ADDITIONAL CONCERNS ( 2OMMENTS: *The required setback for a monopole is the height of the structure The monopole is to be a neutral or flat gray color The monopole cannot exceed 100 ft for a single user The enclosure is to be screened with 6 ft evergreen with 95% opacity within 3 years The sound level was not listed in the narrative There was no tree removal, tree mitigation, or tree protection documents in the narrative A CWS Service Provider Letter must accompany the application *The monopole must be approved by conditional use if over 100 ft in height and setback is height of pole. PROCEDURE H Administrative Staff Review. Public hearing before the Land Use Hearings Officer. Public hearing before the Planning Commission. Public hearing before the Planning Commission with the Commission making a recommendation on the proposal to the City Council. An additional public hearing shall be held by the City Council. APPLICATION SUBMITTAL PROCESS All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the Community Development Department at Tigard City Hall offices. PLEASE NOTE: Applications submitted by mail or dropped off at the counter without Planning Division acceptance may be returned. The Planning counter closes at 5:00 PM. Maps submitted with an application shall be folded IN ADVANCE to 81/2" x 11". One, 81/2" x 11" map of a proposed project shall be submitted for attachment to the staff report or administrative decision. Applications with unfolded maps shall not be accepted. The Planning Division and Engineering Depatinient will perform a preliminary review of the application and will determine whether an application is complete within 30 days of the counter submittal. Staff will notify the applicant if additional information or additional copies of the submitted materials are required. The administrative decision or public hearing will typically occur approximately 45 to 60 days after an application is accepted as being complete by the Planning Division. Applications involving difficult or protracted issues or requiring review by other jurisdictions may take additional time to review. Written recommendations from the Planning staff are issued seven (7) days prior to the public hearing. A 10-day public appeal period follows all land use decisions. An appeal on this matter would be heard by the Tigard Hearings Officer. A basic flow chart which illustrates the review process is available from the Planning Division upon request. Land use applications requiring a public hearing must have notice posted on-site by the applicant no less than 10 days prior to the public hearing. This PRE-APPLICATION CONFERENCE AND THE NOTES OF THE CONFERENCE ARE INTENDED TO INFORM the prospective applicant of the primary Community Development Code requirements applicable to the potential development of a particular site and to allow the City staff and prospective applicant to discuss the opportunities and constraints affecting development of the site. BUILDING PERMITS PLANS FOR BUILDING AND OTHER RELATED PERMITS WILL NOT BE ACCEPTED FOR REVIEW UNTIL A LAND USE APPROVAL HAS BEEN ISSUED. Final inspection approvals by the Building Division will not be granted until there is compliance with all conditions of development approval. These pre-application notes do not include comments from the Building Division. For proposed buildings or modifications to existing buildings, it is recommended to contact a Building Division Plans Examiner to determine if there are building code issues that would prevent the structure from being constructed, as proposed. Additionally, with regard to Subdivisions and Minor Land Partitions where any structure to be demolished has system development charge (SDC) credits and the underlying parcel for that structure will be eliminated when the new plat is recorded, the City's policy is to apply those system development credits to the first building permit issued in the development (UNLESS OTHERWISE DIRECTED BY THE DEVELOPER AT THE TIME IN WHICH THE DEMOLITION PERMIT IS OBTAINED). CITY OF TIGARD Pre-Application Conference Notes Page 7 of 8 NON-Residential Application/Planning Division Section PLEASE NOTE: The conference and notes cannot cover all Code requirements and aspects related to site planning that should apply to the development of your site plan. Failure of the staff to provide information required by the Code shall not constitute a waiver of the applicable standards or requirements. It is recommended that a prospective applicant either obtain and read the Community Development Code or ask any questions of City staff relative to Code requirements prior to submitting an application. AN ADDITIONAL PRE-APPLICATION FEE AND CONFERENCE WILL BE REQUIRED IF AN APPLICATION PERTAINING TO THIS PRE-APPLICATION CONFERENCE IS SUBMITTED AFTER A PERIOD OF MORE THAN SIX (6) MONTHS FOLLOWING THIS CONFERENCE (unless deemed as unnecessary by the Planning Division). I r PREPARED BY: Darrel"Hap'P atldns CITY OF TIGARD PLANNING DIVISION PHONE: 503-639-4171 FAX: 503-624-3681 DIRECT: 503-718-2712 EMAIL: hap @tigard-or.gov TITLE 18 (CITY OF TIGARD'S COMMUNITY DEVELOPMENT CODE) INTERNET ADDRESS: www.tigard-or.gov H:\patty\masters\Pre-App Notes Commercial.doc Updated: 16-May-08 CITY OF TIGARD Pre-Application Conference Notes Page 8 of 8 NON-Residential Application/Planning Division Section • 111 EN MEMORANDUM TIGARD TO: Current Planning FROM: Gus Duenas Development Engineer RE: Engineering Comments —PRE2010-00007 DATE: March 15, 2010 The drawings submitted for this preapplication are not accurate. Lot lines are inaccurate and the railroad tracks are incorrectly shown, hence the setbacks indicated on the drawings are much shorter than shown. I recommend that the applicant resubmit drawings that accurately depict existing conditions so that the application can be evaluated based on actual conditions at that site. Engineering requirements will include the following: • Dedication of right-of-way to provide 29 feet from centerline of right-of-way on the south side of North Dakota Street (neighborhood route) • Half-street improvements consisting of a 5-foot planter exclusive of curb, 5-foot sidewalk, and 28 feet of paved surface. This pavement width includes a marked 5-foot wide bike lane and a 12-foot wide travel lane. • Undergrounding of utilities, or payment of fee-in-lieu if determined that undergrounding is not practical. IS PRE-APPLICATION CONFERENCE REQUEST City of Tigard Permit Center 13123 SIB'Hall Bh d.. Tigard, ORR E I V E D TI G A R D Pbone: 503.639.4171 Firs:•503.59S.1960 MAR 0 4 2010 GENERAL INFORMATION CITY OF TIGARD Applicant: ClearWire USA, LLC (Attn: Kevin Maki) PLANNIA I"NGINICERINC FOR STAFF USE ONLY Address: 4400 Carillon Pt. phone: 425-766-6374 City Kirkland, WA Zip: 98033 Case No.: I p� a-o 0 -.- 17d 007 Steven W. To AICP 503-708-7337 Receipt No.: ( rJ? I Contact Person: PP, Phouc: �- Application Accepted By: g-172-6-7-41- Property Owner/Deed Holder(s): Pascuzzi Investments, LLC Date: 5)4 it O DATE OF PRE-APP.: !7 /f //O Address: 10250 SW North Dakota phone: 503-639-8891 'ALE OF PRE-APP.: j D;67) City. Tigard,OR Zip: 97223 PRE-APP.HELD WITH 10250 SW North Dakota Err..10/19/09 Property Address/Location(s): t'..cmp{n\masons land nte apptiations\Pa-App xeq,estApp.aoc REQUIRED SUBMITTAL ELEMENTS Tax Map&Tax Lot#(s): 1 S 135CB00200 (Note: applications will not be accepted without the required submittal elements) Zoning. I-P ❑ Pre-Application Conf.Request Form Site Size: 400 s.f.of 4.5 ac.parcel 6 COPIES EACH OF THE FOLLOWING ❑ Brief Description of the Proposal and any PRE-APPLICATION CONFERENCE INFORMATION site-specific questions/issues that you would like to have staff research prior to the All of the information identified on this form are required to be submitted by meeting. the applicant and received by the Planning Division a minimum of one (1) ❑ Site Plan. The site plan must show the week prior to officially scheduling a pre-application conference date/time to proposed lots and/or building layouts drawn allow staff ample time to prepare for the meeting. to scale. Also, show the location of the subject property in relation to the nearest A pie-application conference can usually be scheduled within 1-2 weeks of the streets;and the locations of driveways on the Planning Division's receipt of the request for either Tuesday or Thursday subject property and across the street. mornings. Pre-application conferences are one (1) hour long and are typically ❑ `vicinity Map. held between the hours of 9:00-11:00 AM. ❑ The Proposed Uses. PREAPPLICATION CONFERENCES MUST BE SCHEDULED IN ❑ Topographic Information. Include Contour PERSON AT THE COMMUNITY DEVELOPMENT COUNTER Lines if Possible. FROM 8:00-4:00/MONDAY-FRIDAY. ❑ If the Pre-Application Conference is for a IF MORE THAN 4 PEOPLE ARE EXPECTED TO ATTEND THE MONOPOLE project, the applicant must PRE-APPLICATION CONFERENCE IN YOUR GROUP, PLEASE attach a copy of the letter and proof in the INFORM THE CITY IN ADVANCE SO THAT ALTERNATE ROOM form of an affidavit of mailing, that the ARRANGEMENTS CAN BE MADE TO ACCOMMODATE THE collocation protocol was completed (sec GROUP. Section 18.798.080 of the Tigard Community Development Code). ❑ Filing Fee$373.00 11111 CITY OF TIGARD RECEIPT i 13125 SW Hall Blvd.,Tigard OR 97223 503.639.4171 TIGARD Receipt Number: 177109 - 03/04/2010 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID PRE2010-00007 Pre-Application Conference 1003100-43116 $326.00 PRE2010-00007 Pre-Application Conference-LRP 1003100-43117 $47.00 Total: $373.00 PAYMENT METHOD CHECK# CC AUTH.CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Credit Card 05730C STREAT 03/04/2010 $373.00 Payor: Steven Topp Total Payments: $373.00 Balance Due: $0.00 Page 1 of 1 �l 81 Steven W Topp, AICP 8%1141111 Land Use and Development Consultant March 2,2010 RECEIVED City of Tigard MAR 0 4 2010 13125 SW Hall Blvd. Tigard, OR 97223 CITY OF TIGARD RE: Proposed ClearWire Site OR-POR424(Greton) PLANN1hr/ENGINEER!NG The applicant is proposing to construct a 125' monopole on the property zoned Industrial Park and located at 10250 SW North Dakota Ave. They will lease a 20'x20' area in which to locate the monopole and equipment. The applicant provides wireless intemet service via radio frequency propagation rather than hard line, and thus an alternative to Comcast and Verizon. At this time,there are no specific issues or questions for staff. Sincerely, - Steven W. Topp, AICP 12566 SW Bridgeview Ct. •Tigard OR 97223 Phone:503.708.7337 • Fax:503.579.4441 • sw.topp@comcast.net 1*5 Steven W Topp, AICP Land Use and Development Consultant December 9, 2009 Geri Roper Real Estate& Construction Manager AT&T Mobility 19801 SW 72nd Avenue#200 Tualatin, OR 97062 RE: Proposed ClearWire Site OR-POR424 (Greton) Dear Ms. Roper, "Pursuant to the requirements of 18.798.080, ClearWire is hereby providing you with notice of our intent to meet with representatives of the City of Tigard in a pre-application conference to discuss the location for a new free-standing wireless communication facility that would be located at 10250 N.Dakota, Tigard, OR. In general,we plan to construct a monopole of 100 feet in height for the purpose of providing wireless interne and cellular service. Please inform us whether your company Has any existing or pending wireless facilities located within one-quarter mile of the proposed facility,that may be available for possible collocation opportunities. Please provide us with this information within 10 business days after the date of this letter.Your cooperation is appreciated. Sincerely, Steven W. Topp, AICP o 77S/,/,cw Rridooviow r, •Tionrd nR 97773 Phnno• ¶1)3 744 7337 • Far- ¶n3 579 4441 • sw.tnnn(a)cnmcast.net Pri g 1 Steven W Topp, AICP StiLand Use and Development Consultant 0110 December 9, 2009 Heather Campbell Real Estate Specialist Verizon Wireless 5430 NE 122nd Ave. Portland, OR 97230 RE: Proposed ClearWire Site OR-POR424 (Greton) Dear Ms. Campbell, "Pursuant to the requirements of 18.798.080,ClearWire is hereby providing you with notice of our intent to meet with representatives of the City of Tigard in a pre-application conference to discuss the location for a new free-standing wireless communication facility that would be located at 10250 N.Dakota, Tigard,OR.In general,we plan to construct a monopole of 100 feet in height for the purpose of providing wireless internet and cellular service. Please inform us whether your company Has any existing or pending wireless facilities located within one-quarter mile of the proposed facility,that may be available for possible collocation opportunities. Please provide us with this information within 10 business days after the date of this letter.Your cooperation is appreciated. Sincerely, Steven W. Topp,AICP /7SISK CW Rridnavivw rt •Tionrd nA 07721 Pirn•w• ¶f3 7(1R 7737 • Far- 5035794441 • .cw.tonnOcomcast.net Page 1of1 Steven W. Topp From: <Heather.Campbell3 @Verizonwireless.com> To: <sw.topp @comcast.net> Cc: <Heather.Campbell3 @VerizonWireless.com> Sent: Friday, December 11, 2009 4:36 PM Subject: ClearWire Site Hi Steven, I received your letter regarding VZW sites within 1/4 mile of Cleary sire's proposed site. We have a 60 ft lattice tower located at 11355 SW Tigard St, Tigard, OR 97223. It appears to be about 1/2 mile from the proposed site, but that is just an estimation off of a map. Thanks. Heather Campbell Real Estate Specialist Verizon Wireless 5430 NE 122nd Ave. Portland, OR 97230 (o) 503-408-3450 (c) 503-707-4203 Heather.Campbe113@VerizonVVireless.com The information contained in this message and any attachment may be proprietary, confidential, and privileged or subject to the work product doctrine and thus protected from disclosure. If the reader of this message is not the intended recipient, or an employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify me immediately by replying to this message and deleting it and all copies and backups thereof. Thank you. 3/3/2010 - -,.„, 61.. 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Steven W Topp, AICP Land Use and Develo p ment Consultant S December 9, 2009 Anthony Manns T-Mobile USA 19807 North Creek Parkway North Bothell, WA 98011 RE: Proposed ClearWire Site OR-POR424 (Greton) Dear Mr. Manns, "Pursuant to the requirements of 18.798.080, ClearWire is hereby providing you with notice of our intent to meet with representatives of the City of Tigard in a pre-application conference to discuss the location for a new free-standing wireless communication facility that would be located at 10250 N. Dakota, Tigard, OR. In general,we plan to construct a monopole of 100 feet in height for the purpose of providing wireless internet and cellular service. Please inform us whether your company Has any existing or pending wireless facilities located within one-quarter mile of the proposed facility,that may be available for possible collocation opportunities. Please provide us with this information within 10 business days after the date of this letter.Your cooperation is appreciated. Sincerely, (P O a Steven W. Topp, AICP \`0 t7SFR QW Rriilnovioui C, •Tionrd op 97773 Phnnn• 5/13 70R 7377 • Fa:- 5n3.579.4441 • sw.tnnn(tcomcast.net Steven W Topp, AICP ''- lop Land Use and Development Consultant December 9, 2009 Sabrina Lancaster Sprint/Nextel Site Development Manager PNW/Utah WARDMG0201-2079 10545 Willows Rd NE, Suite 100 Redmond, WA 98052 RE: Proposed ClearWire Site OR-POR424 (Greton) Dear Ms. Lancaster, "Pursuant to the requirements of 18.798.080, ClearWire is hereby providing you with notice of our intent to meet with representatives of the City of Tigard in a pre-application conference to discuss the location for a new free-standing wireless communication facility that would be located at 10250 N. Dakota, Tigard,OR. In general,we plan to construct a monopole of 100 feet in height for the purpose of providing wireless Internet and cellular service. Please inform us whether your company Has any existing or pending wireless facilities located within one-quarter mile of the proposed facility,that may be available for possible collocation opportunities. Please provide us with this information within 10 business days after the date of this letter.Your cooperation is appreciated. Sincerely, Steven W. Topp, AICP '' 1 VS?e • a 12566 SW Bridgeview Ct. •Tigard, OR 97223 Phone:503.708.7337 • Fax:503.579.4441 • sw.topp@comcast.net I flg S teven W Topp, AICP • N 11.111g Land Use and Development Consultant December 9, 2009 Trevor Oster Vice President of Technical Operations Cricket-LCW Wireless Operations, LLC 1750 NW Naito Parkway Suite 250 Portland, Oregon 97209 RE: Proposed ClearWire Site OR-POR424 (Greton) Dear Mr. Oster, "Pursuant to the requirements of 18.798.080, ClearWire is hereby providing you with notice of our intent to meet with representatives of the City of Tigard in a pre-application conference to discuss the location for a new free-standing wireless communication facility that would be located at 10250 N. Dakota, Tigard,OR. In general,we plan to construct a monopole of 100 feet in height for the purpose of providing wireless interne and cellular service. Please inform us whether your company Has any existing or pending wireless facilities located within one-quarter mile of the proposed facility,that may be available for possible collocation opportunities. Please provide us with this information within 10 business days after the date of this letter.Your cooperation is appreciated. Sincerely, Steven W. Topp, AICP ,1c,Cb T;,,,._,t no 07/12 ()hr.'', cm 7fR 7377 • Far- 51)3 5794441 • .cw.tonn(a)comcast.net Q R- po p q 24 Page 1 of 1 Steven W. Topp From: "Trevor Oster" <toster@cricket-lcw.com> To: <sw.topp @comcast.net> 'Sent: Monday, January 04, 2010 12:03 PM Subject: Proposed Clearwire Site OR-POR424 (Greton) Steven, My apologies in getting back to you past your cut off regarding a Proposed Clearwire Site OR-POR424 (Greton). I was out of the office for the month of December and am just catching up. Regarding any facilities LCW has in the Tigard area, we have no facilities within the X mile radius of the address called out in your notification, nor do we have any pending facilities meeting your criteria for comment. Please let me know if you have any additional questions. Thanks-Trevor Trevor Oster VP Operations LCW Wireless Operations, LLC 1750 NW Naito Parkway, Suite 250 Portland, Oregon 97209 D- 503-306-2503 1/5/2010 Steven W Topp, AICP Vkj Land Use and Development Consultant IP" December 9, 2009 Aaron Bloom Territory Manager- Business Development Pacific Northwest/Hawaii American Tower Corporation 12830 SW Park Way Portland, Oregon 97225 RE: Proposed ClearWire Site OR-POR424 (Greton) Dear Mr. Bloom, "Pursuant to the requirements of 18.798.080, ClearWire is hereby providing you with notice of our intent to meet with representatives of the City of Tigard in a pre-application conference to discuss the location for a new free-standing wireless communication facility that would be located at 10250 N. Dakota, Tigard,OR. In general,we plan to construct a monopole of 100 feet in height for the purpose of providing wireless interne and cellular service. Please inform us whether your company Has any existing or pending wireless facilities located within one-quarter mile of the proposed facility,that may be available for possible collocation opportunities. Please provide us with this information within 10 business days after the date of this letter. Your cooperation is appreciated. Sincerely, Steven W. Topp,AICP 12566 SW Bridgeview Ct. •Tigard,OR 97223 Phone:503.708.7337 • Fax:503.579.4441 • sw.topp@comcast.net RECEIVED JUL 0 2 2010 CITY OF TIGARD Exhibit F Pu��E�'INEERIPdG DEED HISTORY eaiikiNTaii manta, r STATE -C14E001�t w. ..• Cow Yaahlny!on _ I.Je t�:i �`-'. RY e t, Un pt'of Amens- -z,===== 7..1; r ment any! 71umfon'end Ex.OMclo County --_ L� Curl,for said County, to Wetly CerVJty that -Z4 i VV the within Inetnenent.ofwttlLig Instecetved ±al g and reoonled b Walt'of•teaoeda of said county. :4 .: CO rtm-ter. .: Ju'Y A.Ha:tsan Director of _IraA Fes- rn+'=-- at ,. r..c E? — --= Doc : 95037911u.+. Rect.: 144638 49.00 • m 4, 06/02/1455 10:50:28AMM , II J .'• ..YY1Y rj� n. . . w. AFTER RECORDING, RETURN TO: UNTIL A CHANGE IS REQUEBTE]. T! ALL TAX STATEMENTS SHALL BE "•i'1', 1:4.1. Attn: Dominic G. Colletta SENT TO THE FOLLOWING ADDRESS: ;. O'Donnell, Ramis, Crew, ' 6--..�: -t- Corrigan & Bachrach Pascuzzi Investment L.L.C. •: Attorneys at Law 10250 SW North Dakota 1727 NW hoyt Street Tigard, Oregon 97223 Portland, OR 97209 - QtTITCLAIN DEED STATUTORY FORM .• PASCUZZI INVESTMENT COMPANY, an Oregon general partnership (hereinafter called "Grantor") , releases and quitclaims to ARTHUR PASCUZZI, ERNEST PASCUZZI and PASQUALE (PATRICK) PASCUZZI, as tenants in common (hereinafter collectively called "Grantee") , all right, title and interest in and to the following • described real property: See Exhibit "A", attached hereto and . incorporated herein by this reference. • The true consideration paid for this transfer is Zero $0. However, the actual consideration consists of or includes other • property or value given or promised whicn is the whole consideration. • •• THIS INSTRIMENT WILL NOT ALLOW USE OF THE FROPERTY • DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE FROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY • Page 1 - QUITCLAIM DEED XV . r � _ q • L 'li - 'fe1 h'' - ,= _ - ,:'; - ---- •'�• 5V.• t -;,j..-:::. --- •ti i c= APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST �T =- FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. si,..- A 6T. -"c.�y Dated this � day of May, 1995. •- emase PASCUZZI STMENT COMPANY ' y k:R pbd . / ar r�-«1 3y: .1.5.01 • - '' By: tore,... , AS t Ir H 411. i - . ]'�t.* `';�_ y• p.f .I ale I,. P• cu( :mil''` STATE OF OREGON ) • a:ti County of Ulq�h, �� ss. • ''' The foregoing instrument was acknowledged before me this ZZ'' •. day of May, 1995, by Ernest A. Pascuzzi, the of PASCUZZI INVESTMENT COMPANY on ehalf of such company- (YOTF,RIAL SEAL) ■ O __— Notary Public for Oregon ) fyf�• My Commission Expires: STATE OF OREGON ) OFFICIAL$=.1L county of W111 Lti. r+. NO :rri•.rar�C.-,1-._uo►+• •„ • ir••1=Xi': r:i•:,1R ,:•we •S 1, • The foregoing instrument was a day of May, 1995, by Arthur P. Pascuzzi, the of PASCUZZI INVESTMENT COMPANY on behalf of such company. AL SEAL) 1 �--� . (NOTARI ) • • Notary Public for Oregon ... , 9r My Commission Expires: • OF-'C'.-L cf..AL • ‘;'..*:.•:** Ca•.14'1.t:"li,011.')..•.4: Mr(N:- .%Eir+I:! '.tAi, N ..''I • • ' ` Page 2 • QUITCLAIM DEED XV r,`V : y,;j _ ......,rMi� � t ::•Cr'rY Wr..w..:�...-mow �. ..—..... . ....-.. - ._. L I r '54..:::;.. . ? - tr - -. -- _ • _.;•—trailsi -- -ala■—.4__-______..--- -"'■"m•=Jvai.&••wsawr.,....:-•-, ...-" - •-•-- •—•..?.....--- --- -- . . . ...,. .1.■••weas■ . ..- 01.=IIRE .M11164 11:1111.• 111 STATE OF OREGON ) I 00! / ) OS. ---- County of 01,4A,l't it re...-) , Ir.. :iii i a r. g I The foregoing instrument was acknowledged before me this 2- 1 a.m..- day of Kay, 1995, by Pasquale L. Pascuzzi, the TE ____ .;.ei j PASCUZZ/ INVESTMENT COMPANY on behalf of such company. ••-•==-7-- VIIMOIPL--.- .. w■ 1LL.■--•• !WI-- (NARIAL SEAL) 12ak.......--- /..".2.---......_ . -:A • „.„--- Notary Public for Oregon 14r,,cr. ; wr..,.... ...1••d'-.4'11 MY Con:mission Expires: .-.,, .,'...• L fro, , • i.,1.-T• • .4,, OFFIVAL SE4L 1 rA.• ■' : ' 'Ti‘f: r if:1j No-.... '' •••7--7.t.Pfa ON V ..1:1•41,44,— . ......f.• ..3...- ,..,',..,.. —7...1' !....'2 iu 4 t • 'r:-..;:: IAVCOLuoiSSION EXPIT41::P61.41.14.Iva ; 1‘.7.41-1 .: s,.,•:-:, 1 -.7*.-:. .. -;• 1. ',.7,1 kr •-., .:.••'•i•"I, . .;..*: . .,.. . .. •.t.--- •.'i I • ' •i.• . ' • . ..• . • i• • ;.. 1 . • '' .. .-• .: .,. .• • r-.%. . . ;._. . . . .-.....: -, ..•.... . . • ..• ... t•-. .• .,.,i. - 4 ',.. • ... .2..',. ; : c. • . .....i,, •'..- ,,..i* • 7 4.....• , Page 3 - QUITCLAIM DEED XV . ..-. r : .. . •• _ :.. -:• 'i &.• .. _:......::, 3 .,.- . ..a., :.. 14. ,.e..-1:--'.: 7 ..:.., :•.; .. .. .:-.- ' ... ti1;1. .-..ri-V?.F..ki..t.=::: . .. . '. . . . . , . . . 4.1. . r.-'•,...-s-,:tb•....-..;.7,:!...::„.-7. %.,....... • . ... ., I . •: ..- . ‘,.....!. . .1.'..:•el-cf..,... ra.u. .7 ''.--. .- ...:•'., .1-:-P1;•:.... .•,-.•4- . • . •. - ...:-.1..;:r4.::.1.-. ..-t;7:--. ,• -;-:,44--.:44,..:':.*:••••., ": . ... .. • ' -. ..• "1" - ' 4.-..-:diaqr:lisl:"..::..";.:•..::::.• .. ... .. • Weigel, 1.„}—xt .,..,„7•77:1--..-......-----:- -- • --" - • .,....:, ,.. le tv_ ..rict..;.:j. , -.....; . • . , .. "' ' 4--- ,7-.L.' : t.••: •' . . •r,-;.‘.:.•;,-....-:;V:, '. 3: '. . ,... ..i...• ,• . . ." ... :iii..7r.' rig'.1.i'..."...r'.7•:-...: . : . • i'..:..; .,:... .loge .. . WiYlft • EXHIIT "A" i'' t3 CY :: Part of Section 35, Township t South, Rance 2 West, of the Willamette Meridian. In the County of ,.,-- Washington and State of Oregon,described as follows: . .n - - Beginning at a point 3,594.29 feet West of the Northeast corner of the John L HicklIn Donation Land Claim, f �R Said point being 0 feet Westerly of.when measured at right angles to,the originally located center line of ~`•` 9 Y 9 9 ` 0,r .• .;r.,- ;:-„ the Southern Pacific Company's right of way;thence South 19'30'30-East parallel with the center'lne of said right,3f way,20.49 i.tet to a point:IS feet Westely of,when measured at right angles to,the located center Tina of the Oregon Electric Railways connection to the Southern Pacific Company's Track;thence '": ',44.11,:4 :w along a line parallel with and 35 feet Wester:?from the center line of said connection as follows,along curv3 :`':-V:: -+ to the right(radius 783 64 feet) (the chord of which bears South 3'58'30-East 227.82(eel)to a point;thence -.� '•-` along a curve to the right(radius 1,257.57 feet)to a point;thence along a curve to the right(radius 1,257.57 feel)(the chore of which bears South 6'C2't0' Jest,72_56 feet)to a point;thence leaving said parallel line. 't• West 430.93 feet to a point in the West line of the parcel of land conveyed to the Beaverton and Wiltsburg -.' Railroad Company by the Investment Co.by deed dated September 18. 1907 and recorded November 1. 1907, in Deed Book 77, page 361. Record of Deeds of said Washington County; thence North along the . West tine of said parcel of land,495.0 feet to the Northwest corner of the said parcel of land;thence East "- . along the North line of said parcel of land 353.49 feet to the point of beginning. ,. • • • • �i • •• . . Page 1 — EXHIBIT "A" If • ::..- •t° • • . 0• : � 'l fir.' ._________ _ :... _. :. •• .:. _______„•:.A... .:yr..,...77.._::.•!;,...7,3„:74.1, A ,....1-tl.tY77 -_,--?45±.77:•'',2"Tr..t 7.-"t7';.'." r+. , L. t t• s 1 QCs•■ y f �i.• '�'' ,. s... ,h^eTi :l�k'•/rr't+±r"- };r,�,'•we;r✓w.S':Jr r,7r"�p,. -:::‘...1'11',. ,.]] !c Wells res-sueems ere WI OWL Tr lW ;L.. KNOW ALL MEN BY THESE PRESENTS,That .944R;EL..?A,$gIZZI,..Widaxaz,.Of..._..._.._ �, .._Theresa Paecuzzi _-... __. .... .. ..,.... pant;hargahl.tan and cone .. ' ��. !w N.epaMerdton hereinafter doted,ease hereby p • 4 tnerstlip._........_......._........._.._.._...__._._...,. _._—__,.i . ..............1�1Y.g&'�'�t'3T..�.._,_.an..Ut48.�..PS�'... .._......_..__ .. . ___ .._.._..........._......._._..........,._.._........_..........._........._...... with tl..certain roa/property iteehrker celled dawdle,and unto grantees heirs,successwe and assigns dl of!Mt -- tenements,haroditemente and appurtenances thereunto Wonting or In anywise epper leis g,'hunted to ti s f . ' d._:.__._.._....._Wa4bingC.on,,„_;State of Oregon,described as tolfowa lo-w*: U �, ; part of Bastion 35, Ttrrnship 1 South, Range 1 West of the Willastrtite, �„'? :;•,'; :;�'<: S: described as follows: •< '+'•:'a Meridian, Washington Gaunt), Oregon, + ,., i '. Be inning at a point 3694.29 feet West of the Northeast corner o€:the ;.=;. s• ,'`?. John L. fiicklin Donation Lsnd Claim said point being 50 feet wa.tsr1y:of':; .`;„i; • when measured at right angles to, the originally located cente •lisia:: i... y. c Southern Pacific Company's right of way; thence South 19°30',30'1,41811111.47:- ,: llel with the center line of said right of way, 207.49 feet to s:•:poi> '- s;: ?;r feet Westerly of, when measured at right angles to, the located+cieter''li . . of the Oregon Electric Railways connection to the Southern Pacific.;:..„; *.; ` Company's track; thence along a line parallel with and 35 feet WestaortYt1 ' 41 from the center line of said connection as follows, along„curve to ice• + - right (radius 783.64 feet) (the chord of which.bears SautW3o58t30t"!;pstrro: r'6 reid1ti$•;1$57.;:'! ' .r 2282 feet) to a paint; thence along a curve � the•>;l�ht•� ��......�� feet) (the chord of which bears South 6°02'10” West,.72.56' wtttore ppeetf ' I thence leaving said parallel line, West 430.93 feet toe int the 11iat; .:}:• line of the parcel of land conveyed to the Beaverton andllib fail `'s' }' road Company by the Investment Co. by deed dated`S t+nsba>t 18, 7r`i�fnd `? r` ', E'� recorded November 1, 1907, in Deed Book 77, Page 361, .leoord.o! Deeds of �'4 Pie','-' fail of•= ;Cf.., p-'4 said Washington County; thence North along the West line' .; ,., „ land, 495.0 feet to the Northwest corner of the said parcel og�;latsdt:*e as ` t Bast along the North line of said parcel of land 353.49 feet t0 d S' oi m k yy''' ; •' of eg g' tr I. r.. � ' - I.' :.n'i: ...gels 7:4 :' .t"•11;` -••.4- .r'. :b1'X', al• _ t� 1 le'ci ,, .�,aae�nn.car+raaa • aesaimea�tivrass�, grantee's heira;annail iS i!. I!!I to Awe and to Hold the uaM unto the said grantee and �., r '+�. y I¢:'� :.Sin due and actual oonddgratton paid for this transfer,elated in teRNE of tkilwfti!if 77., .. r r a•I y s' ran or executes t , .., w �_,'L3 plural as the elisSrrnatentes slay teglltri. Hr �=•y�h,1} HHH;.. • 1:•,:‘7•r• Oatrfruing this decd the singular includes tree plow •_•� ‘,• + �yr�, '; of.—a7.utl14r.._..,_ ,19. �+ �r�i ,,,: r Witness grantor's hand this ...4.�.�,.daf .' t! .r ��: l,,;r:74 ':'r• -•; •ryes. .t:•r- : t i ter � •.. _ •�..•`• �� .16Z. e'K' ysra3t e wry+j� J.1TATJ OREO�ON,County ot.Mgltr h-.- 7 t',.., w..�..' lei I,_ i - -Jla,�titli appeased the alines-mated•- 1 ••..a,7-r ' r.,.•. I L 4 : .., t .- :q: Bekre molests.)PuhHo for v w uttr+C y r r S �^ f 6 ppmi/eke 4-- : ' / t ts •MOSii !1!elrl� � �itaMf ►ilMMML*e�QW. r '9,.: 'i.; 4 „.„" ��t• '{$aft► in sold Sale Deed `` i r C, STATE of OREGON r l q�u'i p;: Cacr,�e c4 Waddnstan -, L 9Al tll i%>f,AB�GQZZ74 mdtl1�►ex ,,µ,44,444,1 r n.r4tiy segi. :”' ` a AL A:.PAS CVZZI._._..__-. e d d•a' s°„`, w e TO ?INA a 11.40a1 a a•erl tar „ieee,atr � PA9CUZIIVESTmi rOO• - Mea.„e• Maw ,, aDe Tflaf Mel rtlf,W.;, 'O • eevsl aad, `� t "• _ ,us weal: t•y � i an Ott on.kLa rtIlerfltti a _ ..m., of'lai •;,'4'' d artae 1rcnao,NO attune To W Ilan .4. sa !/•J 7ru . •Nears 4!Wimp r p m�.� .�� � a X32 �f208 — � �se�13 4 -� :. Jr • L,., -,Yr r,'dt,,;:ot r aa:il$sst'i 4' - .-.._... — - 7Yi-,ti' •* .314 Y . reeasnsea,.tescsrnlrrus stn ewe. : :.: s.op.s eoswRw•wrwen!w.wr .--_ r, e-�J ll .' 5 ) ,4J• KNOW ALL MEN eV•i HESE PRESENTS, Thar .r• Ohs a 51 19 r .3 MO an _-.. .. .... .. '"k>A M. I ,hereinaltet called grantor, ti;} r.,44.74 I in conuderatitter d.. Ten and.n0/100'— (=10.00) Dollars 4r,*= I to grantor paid,the receipt whereof hereby h acknowledged,does hereby grant.bargain,sell and convey ays ' an, Pascuzai Investment Co, . . ...... lr:i., i ' ,, i I hereinafter c,lled granter,and unto gtant<o s tens,saaxann,and assigns all of that certain reel property fi *5:'r''S --,-.. 1 with the tenements, hereditament, and appurtenances thereunto belonging or in anywise appertaining, r ^ ... c•. � rt ' -.II situated in The County of Washington ,State of Oregon.described as follows.to-wit: ;I W.....,7 Part of Sao. 35, Tea 1.S., R.1.W. of the W.W., Washing-ton County, Oregon described as follow': s;J4 Beginning at a point 3694.29 feet at of the N.W. corner of the John L. ilicklin Donation ri mtn _- Land Claim, said point being 50 feet Westerly of, when measured at right angles to, the originally :"`.'+`" ' :': o set -., } : located center line of the Southern Paoifio Company's right of way; thence South 19 30' 30„ East z . Parallel with the oenter line of said right of way, 207.49 feet to a point' 35 feet Westerly of, •yam N . when memenred at right angles to, the located center line of the Oregon Electric Railways r•,onneo- ,a_' tion to the Southern Pacific Company's track; thence along a line parallel with and 35 feet Went- -"';i�''-` erly from the center line of said connection as follows along ourve to the rift (radius 783.64 ?•,Y-?.,s• ',�8• • feet) (the chord of which bears South 3°58,30" Sant 227.82 feet) to a point; thence along a curve iCr s• clef; to the right (radius 1257.47 feet) (the chord of which bears South 6°02'10" West, 72.56 feet) to PAW." i%n; ` a point, thence leaving said parallel line, Went 430.93 feet to a point in the West line of the ,.0e,°•y� _,"y.-e parcel of land conveyed to the Beaverton &Willaburg Railroad Company by the Investment Co. by '' - •.:4 `.i,, deed dated September 18, 1907 and recorded November 1, 1907, in Deed Book 77, Page 361, Record. of 0• s;�••t- `4; i Deed of said Washington County; thence North along the West line of said parcel of land. 495.0 feet , "» to''the H.W. corner of the said parcel of land; thence East ale the North line of said parcel of .q� •t ''a', ! land 353.49 feet to the point of beginning; SUBJECT TO: The along of public in and to that '; y' ,o -7":5',..41' • portion of the herein described premises lying within the boundaries of roads and highways. t} �`' ! 411:"y31 To Have and to Hold the some unto the said grantee and grantee's heirs,successors and assigns �• "i 11 I . forever. a .1,._•i. '^;•x •� And the grantor hereby covenants to and with said grantee and grantees heirs, successors and ;.X •� �' assigns that said real property is free from incumbrances created or sullered thereon by grantor and that :- F fCrS,�s,'' grantor will warrant and defe,sd the sane and every part and parcel thereof against the lawful claims and 3 ,1,. }} rt ( tt ..v.-.-.,,,' demands nt tdt persons claiming by,through,or under the grantor, #/ ra s: ep g s , X` r In construing thus deed the singular includes the plural as the circumstances may require, e `'fir"- r.- r r sr! • II! Witness grantor's hand and seal this /8' day of, Anesrst.'/.,- ,19..57.., f-yis� •(,;tom 1 L.. ,.,(erAL) ,i f M' ,.era-a. _ + A r rtb�.�,- ! _ .. - _(eieL) + tki^ . ,a 4 I' - .. .(Seat) u xa_ to � STATE OF OREGON,County of Vsshington. )a, ....August a e I9 67. �:.f;*� IPersonally appeared the above tumid....Dorothy p...Oook, t}../1ugle wow' , ? --. II `i •• . acknowledged the foregoing inservmeat to be u, ary act and dead. I .^ 1 r .• Baftxe ma: 1 e 34 t . : '9yezCi I.PAL) Notary Public for Oregon\ ay!a=' ,: �•CV 1.14?... i wy . . J r3 L My commission expire. Is .. •f'-• $-y e 4 i1/� —`•"."' Special srxrc a alE°e. .C. �sr =ziY- II WARRANTY DEED by,Cowry,el'". '.". • i k i' 1g t soak 60thoo.1 and.- ed epn.n ana r� Cr... + c.,am..s.W.a,r d qw"+,with ti ��• y. t toon•t voe TIM ins..or -ovhh.m Y,Im,lamer d.r'aw u. 1 '. � _...._.__......................�_..�_._.._._.�..__ t►w�,wae.AVSa ..at.vr r.. p1 rMlnr vas a,o.nad a.b! ,tad ea. .teewo.1. , r to TO alert 111 VW", .s boot tt• Q .�V- .4 lb y ' GP Paseuazi Investment Co et.MM. s°i PKO�'�r ;, I ..._.._.. ..- - -...._._. - v•tb.r sass c.aJy ... r y i • ',' I' d _. ._._......._._-.-.- Whom lay Sara and seal af11zH. ,SSIJ.. .re -.r - '{ '� A e .S sierunrr to— SoCER Ta014icElr rx..etor zr J.J. Walker tij ere F 'L' ' 4950 N.E. Union Ave. c.,.un• rr i ; Portland,Oregon 97211 ? ' . • K 655 PAiV 7 Z, 30 y 4 ..''-„,1,, ,o,„,' _ 1, i,,..,( J r - sc .. r.* l x i c:f 't",tfl-y 4A•f s rs i'- f t ., r . 9 tier S•L ''A:r rt r ;_� �Ti r,q } a,;;S,I.eG r �rPY ar `9,'" •rq•f','-'41 fir' °,"3 5,,� we41",..g,r." `T,. S {r sec r ... y rci i p• LX Jy,, ar; 1 e •><ky 4 r� Y 'h {: J � , "} et •�1 t)� r .,g{ yts, �'a r '� .i r- {� jt �er�-,44,.4,.)k '41.--.4'.14,n`r .��r o,qtr;,"Itl � 4,..-v-..tv Li•�R. .-�0.4. .¢,. ”,r44,,' s • +q�l ,rr. �. 1�•� t'. '�' 5 yf..•!wY � �+e",� I�,j�' S9+s�".a,�'isrol�+�i.'..:j.3�,w it1 `� �+ 't{ k,' ..rF '� .,,'Qt--+,.: -±u;....,s" �1+-• -,-..K,,•wv. �px,r4',«:.'.»-.,�� ou,;tg,71.-..#f CT'v�d'\' ..g6"r°' 1. eiii,7 '"" r t. : . " w: -r: ,..�,,;,;,-r'• • • . PA RC tali L:3. CO.�_ • t,4 . 7890 - KATO! Sf Ail. items nen (resent t.' t tc.e t..aeraifr..3, X. Lai 4. y($''w acrd - GF:BelDIN3 5. ?CM, 'ewsb..no -rd wife, for .1r4 to eors14er.%. mf .tae s;.a. :f `•i 41.00 and ot:.er vulu.ble consider tion to toes in sand Feld taw recel,M•t hereof le hereby ackre'aledged do hereby asst , seal, and transfer ant set over unto - GARIlU. PASCL'ZZI end THYR23A F:--`3"A1ZZ1, husband and wife, all of their right t:t:e • and interact in and to the written acs! ..tt..cied contract of sale er4 in z i .o t'.e real prazllaa dcec:ibed therein .nd upon .':ill et6p1164te I/ aisigooes of the tern of said contract do authorise and direct gnat said oenve7assee be mad* • to said assignees which pre:_uses are rare particular•°y described ..e foilseat Part of Section 35. Tcwrer..p 1 3orstn, are 1 'r_a; of the 7il_..mette ieridlan, Xashinpton County, Gregor., decdribed at. foists: Segir_-.:ad at a point 3644.25 feet. Nest of the lsort:seaat corner of the Jc:... L. iiickl!n Doc► tion Land Clain., said point b.int 5t: feet. 7lesterly of, wren neaaure4 at ri{,t:t angles - to, the originally located center line of the Southern Pacific ricany's ri�3:. • of way; thence South 19°30'30" .-..at. parallel wdth the center line of said rigtc _ of ws„e, 207.49 feet to • point )5 feet Xeaterly of, when :massed at rlgit angles to, the located center 1Lne of the Oregon Electric &ailetya connection to the Southern Pacific Ca:,sty' track; thence along a tine parallel with and 35 feet Westerly from the center line of said connection aa follows aintyg curve ' to the rigt (radius 783.64 feet) (tie chord of which bears South 3o5813Ca Fast 227.82 foot) to a point; thence along a curve to the rift.t (radius 1257.47 . feet) (the chord of which boars South 6°1t'10e 'Seat, 72.56 feet) to a point, thence leaving said parallel line, ;:eat 1.30.93 feet tc a point in the Neat line of the parcel of land convoyed to the Beaverton I. 'eillsburg lallroed Company by the Investment Co. by deed dated September 18, 19/7 and recorded liovenber 1, . 1907, -la Dead Book 77, Page 361, Record of Deed of said Washington Ccantyi themes .Borth along the Feat line of said pare.i of lend, 4.95.0 feet to the Northwest . corner of the said parcel cf lend; then. .cast aistg the Borth Tine of said parcel of land 353.49 feet to the point of begLanina; SU3J3CT ;Gs The rLght.s Of Public Ln and to that portion of the herein described pre.zieee lying within -.-_- thep boundari4w of rv.;4. and highways. The undersigned all certify that there is unsold on said contract as of this date the sus of Thirteen Thousand One Hundred hwanty-rive a oe/100tlta • ($13,12 5.00 Dollars together with interest trot the f;,•s1 Sa,7 of ).11 01 s 1965, thereon at the rite of six percent. per annum from the (oaf day of in.4, 1945. arrnr...S iH lit n:,F, we hate hereunto set our :ands and. seals this 1'7n,✓ , • du,7 of April, 1965. •i r/ x:.-city i Ze > e. • -- J � S Will::Cie OREGON, .-Cor$y r-.. i�rril;:..:.ah )as• ce th.ia . day of April, 19-65, before see, :t-' the•{h 4sreigried, a rot:r; ,p- lie in aril for said county and stets, personally r is, •4pp4red tl.'writhin nod DOtL.ID 3. BOYii and G°iie.IDLIM 9. MID, husband end wife, : .1i'' wn Co .tt tae identical iodivSdualeratacribed in and *ho executed the within '.."1,-?;{rtT , qfG• ( aac.-nowledged to as that they sxacut tare aeaai freely a}'vr luntarlly.' .. . . : • a !1y �I �� Ai , I have harert;,to set q- aft rr of7lCist seal the .-.ct.. 11$111 t. ,4ey and year last above written. :,r X11 - ..r: lt..+ • :141 "J. .. gin.., ' .e-!.,...:..044./....04 Is1S•« 3JAt - Ile ublic for �aa. , •' 10...r.z=p.r= a • of thando 6=6M/or U cMaisateea ea:pires J j 'Efi . ....(.('.++--..- ...i.1........w-CSw. .v J ` / .4. . .a. _ 4444 r-. ry.rte-._ 4444. . 4444 ,rs . • PACIFIC TITLE INS CO POS.IM /N--CO nIS C.-MY 111x11-..hen►•rte _ 44• lg8 "°-_ ._ _ _. .__.r._ _ _-_. _4444..... - 'VI; . TJ1IE CO.YTR.tCT, Made 1M 2s• t day at 1pril ;t i tit earn ■ R' herdnslter call.d the ern„ aril D{.Ci.LD 3. C'^ Jd ,ii.lb=-Z 1. R:!1', _`_sto:sl :'.A s;,!,, I ` , heremefter cal.'..1 the entyer. I WITNESSETH, Thad in console:ar,on of the .t.pulattcrns heron contented end the pas Pants Io be nna.lr - .1 as hereinafter spe,tl.ed, the erne, hereby a4fers to sell tp the holier and the 647r4 ast:r.'1 ':p=-'sae It- ti. - - '' seller the following described real e11 Ha, wriest. in !lam County tI ,sl..r✓con - 1; Stah of Ct3'ettCr. •,10-ea. Pert of Section 35, :oettsr-i; 1 `c,tr,, P.snee l . p cleat of the ASll.caette Yer1a_..n, ./+.s: siton County, Crezon, lescriwl rr fL_.icsa: • 1I 3eginnind at t point 3�i4.1y feet '4est of Er' ?;Ortt.eiat corner of tie :e.:.. L. :`1:z11.. li Don.tien Lead Cloi.:t, s...1d ..otht being `5.) feet desterly of, .:on =caicara ti ria;_e. �. 4 angles Co, the origin-day located center line of cue Southern Ptci.f:c fCoc;onr's rigt • II of way; thence South i9°3•x'30"1 root of p.r..Llel leltw' ties :enter L1.-e of &.ice r iio: of soy, j 207.49 feet to h point 35 feet ?ester/y af, s`•en ooasured at r:r:rt ::.e,.es to, tr.e located center ins of the CrTegcn Electrf_ Railways Cottn cttcn to t . So-:tr.ere � Pacific Ces;r.t�y's truck; thence along c line parallel w`-t:. end 15 :set iteY-. ly fron • i the canter line of said connection ii follows, along curve to tow rIgtt (ra•11•rs n 783.64. feet) (the chard of *filch be.re South �54'3C" :•et <..C'7, feet) to s ;a;::i:; • thence along a curve to the rlgI.: (redl:s 1257.47 fest) (try st.cr1 cf "t::cam tetra - 8outh 6002'10" Nest, 72.56 feet) to t. l+%'^•'., t:.er.ce lexrlr; sxld ;soils. 11._•s, West 430.93 feet to point in the Nest tine of tie f.rcei L.sx ecrr.'yed to L-'.a • 1 Beaverton & WYllsourg 9F12•+c..d Cci pleny by the .nreatmen: :o, ty deed C.t«2 Soutwter 1 1S, 107 end recorded Hovexbyr 1. l'�C', Lr, five! 94o.i 77, i7..e 301., Record of Deeds of said Washington County; tnense *.forth aloes the Jest :its of sale perce'_ of la:14, 4444- 495.0 feet to the Northwest :error of !one s.11d parcel of Lc-._; thence Last _lon. ttse • North line of said portal of 114 353.49 feet to the point of teglfa,Lnf; , SUBJECT T0: The rlgbto of the pst5lit in and to tr..rt portion of tae herein dace-bed premises hying within the boundaries of roads -.r4 hldr'Is-Ie. , for thr sum of Seventeen Ttous.nd Fire 'fsi_-ml end ns,'1 •tta - -Dollars IS 17,5'• ) 44 44 . (hereinafter called lie purchase prior/•on account of srhieh t9L7 Tho send T`r a 1ia.rASe4 a of -? T. & ;1100 . .• Dollars(1 4,373.00 )is paid on the rsncufion heteol(she nres.pt d which is hereby rJusmeiedged by the seller); the buyer agrees to pay the remainder of wed purchase prior(to-wit:$J,125.fJp )to th ceder - �- • o/the seller in monthly payments of not less than'SIOf3 rl, 'even 475 %Ddtarr. (5 c.i,6,.75 ) i! - each. 44- _ 4444.. 44- I. payable on t!`- 2Crth day d each month hereafter beginning with the mwemh oI n7 47 .if 6`'. (� and continuing until sad purchase price is fully paid. All of said purchase pricy may be paid ar rrty nine, all deferred balances of said purchase price shall beer interest at rho rate d3iX (Uhler cant per ervs.rms from • b.'d / /.'i 6._i"- 4444 antil paid, interest to be paid i70 tt1:11 and ;a•441C,14041.4 llo :h minimum monthly payments above required. Taves on acid animism for she Carr,ere •., year shad,be eve- rated between the patties hereto as of the date of this contract. i•! t0.......15,I -...a. _ ,......e I•r.1. Jaye lei eI 65 ..w_. 1! _ -A.• I.4 ...w,..IM r.. f -a.r.4• Ia,4 M M t -A.I..•I .4444..4• ....f V II ..,Y Why ...I.r .on*war.�l, , ..a - 4444..•I .•n r...s On.I. •., r./ r.. r.... ...1.... I 4444. .N I I, I.....rat•• •... r..I.........•r *v..•..,4444+w r..'.....N• sn ............r••.r • i` .4.... . .1f I ..1-•W..•,...J .• ..... . 1 - -. Well. .......�I...•...rr ♦ 41 Mme.,f..rJt,r..y r• I cafe..-I .4'• W'.*oft oft...e. r rr,••••*..wtr ,4444.4.. .w .• M-. ._ • ..I .^. ..n M,S*'t. w h....t•w rms.,.r..-!r.......•24.. ,4.4• A.nM•S.••• r........1 ......... r•M .....w i r a. ..., none ..•r+.-..... ...•.w•+'. .:...s_, 1M.1_ •..wt.. .v je YA h-.....,.. :,44* w.. a..._. . it M.TM•...••r wI✓n rota...4....w F.++:..w1 a �.•I..r w C.. 'a...w r...4 ..t. rA 14..• Yrr 4444.4 .:1,.4..s r♦ro •.r 4444••...r .4l.4.44. w....wow, r .a..r N L-J a•co.,1......* 1..e..•, 2.*t, the•.w.rV..4.f.••I ...oft MW•v...i4.rwW.Ia.e.r.r .y w.V•N.44...1 r Si •A.ran I.0.n.•1.-....sr...•..-t I nh 5.4r.....,fA• 4444 ....✓.44* 15 1. ..ft.. J• j.- '0 r 4444.. ,..a.• r ! 'S v.NM .-i a.VA...iw• t..4w tr�...s ...•ter I•-�.1•_K.w��5_ i' V. AIL I p..1 .,,.r.� 4........•.._4 ..-I 4444. ._I • •.••1.•+. eft-Y••. ii v.1 r•-. - ry.• - ,..f ..f_ rr.e...,. .wt.. _w�.,.- ..A ...1 e-'I ...1 , ..• y.._. A ....•.,A, f,.rr 4..•-•• .v1..-1.-..1.... a.-r... ..r - _J,M 1..._,,_,I w1 r1- t • 0 ry .♦ • ...t 1.• !•4- •.... . -ft.. a ..-.-f. ..r rI - 1.W. _ ;r r...,.. tar-an/e•.a•I�.•••.••L.L. ..,a•I Its ...7 hr1W...r.,.•t•4444..M .....r..•so.r ..I r .•r 4.4.r.. �! _ 4444 IM•• ..,.r .A.wf.Awl s.....,.f a•• I .. .....v. .4 .w M•r. wr-_ •I...,.. .4..: w _.. .1. �i - r.r.....A.... .I.'.•f rho.- ,....4444.. .. 44.3... 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IM ..I 4.!I4,.J• w✓• •y-. ...44...444.. ...•I.4+.r1 .1l...••4444.I+.....w Ir_ ••,4 0.r.......4.r.•44.-...-•0__ .•Mr..••v•.5.•...r.•....4.rM .-w_•.wr_.. r.rr.....4....,.M1.•n r{ TM,a•- 4..•l4.•444..4 4.4.1*I., So e.. .4.•..a.. .r...• • .0• 4.4 .05.• •�..44W 4444.w.....rr..v w•.... ..rM r•�r Y.If ..a�. w•...v 4444• ...-..r-.• ..y 4444 4444..4.. •4444 _. .• .w4.•w rl.r•..f.M r...........•• ..1..... M• .144.4.....' •.....r. rt--..4 4..,rs r\ .. r9*rl w M�.•..r-..I.w ...1...,.'.f NM -.wA rr ..,.....t t*IF*.V..••. t h 1.44A.'v. f 4.nryA0440, ,.n...•wr•n W r ,r:.l. •44...• ..4v r.rt±......,..r. . .1.414.• ._ . 4444. I M . .r 1.•••••.,...,•I..4.4.44.1.,•r•.4-*..4 I..l IM w .-.-I.- 1� 1.M.•.4I.04..1 r r.,� .v w•IV4.Ih*so,.i....r.r...YN 1•.,*. ..,I...1 t.-... ,.:-4•-...t•..y.. w44 01 ......,..........4...4....f....122...A..44.4 f++..�•....•..r ys41 rr+.I•. t r•r.......7 4,+44.44144+4 � li IN WITNESS WHEREOF',said parties have hanvnto fa chair hand%and whin dwgd•cete oe this.the day end year first above written t ,' J', `' j t / t1�A G;.' i..hj t:t�. (dent) ', � y it �` �f , C!r _. ..tansy A' 6!'a.cer t'. ,G - • - ts�e . • �, •alla:r..1+.`,x.-44.44..,...�.�. 4444.....•_C 5 !• 11 fr.I.w.•..1 l.rr•eev.n. S =. -rte- ....may._ 55 ..m,e•�` A 44-44.._ 44 44._- -..r.�r..id 4444 elfin•. O �15 i M1 4444 4444 .., 4444 - 44_44 - ._4444...-. - 44 44 .-. 4-. - • , 4444 4444 '. -rj _ _ �_: - _44,_44__ . ___ __-____44_44- _4444.._.-4444_----.__-4444.- -_ 4444 _._ _..._.�_-,-_ 4444 -, 4444 . ' _. - 1 4444 •. • • . . . , . -• . . ' ' . 51 --"7"---- '1'". • -1• I •-•.•-•••—..----•=='-•.•11=1-. 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E.Union Aro. • lit —I—I " i' l 1 '--'-- :1-4-.1-4-:. --.4.1-i-.1-1-:.111..!. 1 . _ : : r- t1 Portland 11,Oros** t I I Illi ,ilil l • ' Ii i ' iti , ' I l ' 11111 : 11 1 -. . .. 9 . 1. , ' g -• • • -cr, l' 288-5045 I : 1 . 1 1 : I . . i 1, t I. 2..u. 1, I.. 1 i _ _I ' 1...1. 1..1..... 1.1_11..i 1; 111 I I :-.1•.•••-.... -•...4-.4... 1 ' ' ta 3 • I 11 ITT i t 1 ' • ' 1 ' • t I-T: ' ' i : ! '.1 i ' ' ' 1 . . . , . ; : : , . : : , . . . . , , ! , , . , : t , : - If , ■ 1 ■ . , . . . . , . . . . , ., . . ,• • ' - RECEIVED JUL 0 2 2010 Exhibit G P`ZZ•G` F T GNAED ING EQUIPMENT NOISE SPECIFICATIONS g a..t.,�..�.. R7-54DXCW AC Cut Sheet I0380ovs, IQ4000VS r'EL. DRAWINGS REV 2 IQ3800VS IQ4000VS COOLING CAPACITY' 3800 BTUH @131'F C❑❑LING CAPACITY' 4000 BTUH @131'F MAXIMUM AMPS' 7.7 @120V/60HZ MAXIMUM AMPS' 8.6 @120V/60HZ MAXIMUM AMPS' 4.3/4.8 @230/220 60/50HZ MAXIMUM AMPS' 4.1/4.6 @230/220 60/50HZ MAXIMUM OPERATING TEMP.' 131'F MAXIMUM OPERATING TEMP.' 131'F DIMENSI❑NS' 30.09'H X 12.27"W X 8.34'D DIMENSIONS' 30.09'H X 12.27'W X 8.34'D WEIGHT' 60 LBS WEIGHT' 60 LBS 103800VS I04000 V S TOP VIEW I— —12.270 8.336 103800VS 103800VS 103800VS IQ4000VS IQ4000VS I04000V5 LEFT SIDE FRONT VIEW RIGHT SIDE 1 CONTRDLLE= 30.091 i ? nr AMBIENT AMBIENT AIR INLET AIR OUTLETS vRVRIET.wv DRIIVDVG„1•• `� I038/4000VS �R.Pr• �6 ,1-1F-ET e`or z I0271008 12 gig]g J1J R7-54DXCW AC Cut Sheet IO3800 V S IQ4000VS REAR VIEW CONDITIONED% ENCLOSURE AIR OUTLET AIR INLET POWER CORD OPTIONAL J .. EXTERNAL HEAT OUTPUT- OVERFI ❑, DRAIN r o 0.500—11— IO3800 V S TO 4000 V S CUT OUT DRAWING -4-r--- m° m IQ3800VS o IQ4000VS co `.In ems- No co°_- GASKET DRAWING 29.750-- --- I I 30.091 L c q 29.307 27.940—1 `+ 24.857 21.000 1 0 1.250 (1) 0 o 1 0 1.250 (1) 20.510 \--1-j- /- . 0 i OPTIONAL • EXTERNAL 17.6060 _* 1. I■ HEAT OUTPUT 14.940 ~ 0 .375 (8) • 1 1.940 *IMPORTANT* 0.000 ' — GASKET MUST 13 E 1 APPLIED AS SHOWN FOR PROPER OPERATION AND TO MAINTAIN o o co ° oo.nr- NEMA INTEGRITY. °N (•) ti w 0(L :, ,m+.ca�srreii••+ atl�i -� I038/4000VS •vb7.-fvr 4ttl r. ..c. '7'.•.134..' t,c _.e�€a .v{. iA•1"16 ','-Ie-oz 10271008 •c,zsn.s k�LA1.. c�Er s a z • R7-54DXCW AC Cut Sheet SOUND LEVEL FOR I0-4000V 35 - - 30 W w 25 LL 20 W z 15 10 •. 0 - - - 35 40 45 50 55 F;0 65 (IBA RECEIVED JUL 0 2 2010 CITY OF TIGARD Exhibit H PtANIo IWNENGINEEPIING TOWAIR RESULTS 6/3/2010 TOWAIR Search Results FCC I I Search I Updates I E-F ' I Initia, I For Consumers I Find People Antenna Structure Registration FCC > WTB> ASR> Online Systems> TOWAIR FCC Site Map TOWAIR Determination Results New Search Printable Page *** NOTICE *** TOWAIR's findings are not definitive or binding, and we cannot guarantee that the data in TOWAIR are fully current and accurate. In some instances, TOWAIR may yield results that differ from application ofthe criteria set out in 47 C.F.R. Section 17.7 and 14 C.F.R. Section 77.13. A positive finding by TOWAIR recommending notification should be given considerable weight. On the other hand, a finding by TOWAIR recommending either for or against notification is not conclusive. It is the responsibility of each ASR participant to exercise due diligence to determine if it must coordinate its structure with the FAA. TOWAIR is only one tool designed to assist ASR participants in exercising this due diligence, and further investigation may be necessary to determine if FAA coordination is appropriate. DETERMINATION Results Structure does not require registration. There are no airports within 8 kilometers (5 miles) of the coordinates you provided. Your Specifications NAD83 Coordinates Latitude 45-26-16.0 north Longitude 122-46-55.3 west Measurements (Meters) Overall Structure Height (AGL) 32 Support Structure Height(AGL) 30.5 Site Elevation(AMSL) 51.8 Structure Type TOWER- Free standing or Guyed Structure used for Communications Purposes C:/Users/.../TOWAIR Search Results.htm 1/2 RECEIVED JUL 0 2 2010 Exhibit I CITY OFTIGARD PLARRMENGINEEPIING NEIGHBORHOOD MEETING AFFIDAVIT OF MAILING/POSTING NEIGHBORHOOD MEETING NOTICE IMPORTANT NOTICE: THE APPLICANT IS REQUIRED TO MAIL THE CITY OF TIGARD A COPY OF THE NEIGHBORHOOD MEETING NOTICE THAT PERTAINS TO THIS AFFIDAVIT AT THE SAME TIME PROPERTY OWNERS ARE MAILED NOTICE,TO THE ADDRESS BELOW: City of Tigard Planning Division 13125 SW Hall Boulevard Tigard,OR 97223-8189 IN ADDITION,THE APPLICANT SHALL SUBMIT THIS AFFIDAVIT&COPIES OF ALL NOTICES AT THE TIME OF APPLICATION. MAILING: _ G� I, S TE V CAI 1n/. /o PP ,being duly sworn,depose and say that on the_ / 17i day of •T;IU£. , 20/p,I caused to have mailed to each of the ersons on th attached list,a notice of a meeting to discuss a proposed development at (or near) /O 2 5 D S c,✓ I%>°4 H PA_ 'ps ,a copy of which notice so mailed is attached hereto and made a part of hereof. I further state that said notices were enclosed in envelopes plainly addressed to said persons and were deposited on the date indicated above in the United States Post Office located at M A M a S Tit�d f7 it ON 91-4) S c N o 0.4.s Fr c47 Q*41 , with postage prepaid thereon. —•1611111..i .11111WIP_Ar-- Signature (In the pres- -��f a Notary Public) POSTING: I, S revel.) L. . l+C PP ,do affirm that I am(represent)the party initiating interest in a proposed land use application for 1.0-)0/1.-LL 4 S. ( mm'N i c A77o.43 fAc M.i affecting the land located at,(state the ap roximate location(s) IF no address(s)and all tax lot(s) curnently registered /0 LSZf S o2ir L'J Koh 'TRS E I ,and did on the? day of w.l t. ,20 0 personally post notice indicating that the site may be proposed for a S D ovtr o I'At.)r Q1;oily/land use application,and the time, date and place of a neighborhood meeting to discuss the proposal. The sign was posted at NO,LTh S 10 L OF P,Pt-ttf 4r DA,J ziAl A, INTx.ON Cg 7a/t'9a sc-.) t1/4)o2.7-N DA ILOT70 EMS LT (state location you posted notice on property) Signature (In the presence of a Notary Public) (THIS SECTION FOR A STATE OF OREGON,NOTARY PUBLIC TO COMPLETE/NOTARIZE) STATE OF O� ) County of \IJoISIk,norferl ) ss. filA Subscribed and sworn/affirmed before me on the,2 I day of JR ile , 20 10 . OFFICIAL SEAL r• VANESSA PANGILINAN NOTARY PUBLIC - OREGON :- COMMISSION NO. 416265 _0 4.11��l IPA A _ J i.L MY COMMISSION EXPIRES APR. 10,2011 NOTARY P :L C OF 0'i GON My Commission Expires: is\cutpin\masters\neighborhood meetings\affidavit of nailing-posting neighborhood tneeting.doc Page 5 NOTICE OF NEIGHBORHOOD MEETING June 9, 2010 RE: ClearWire OR-POR424 (Greton) Proposed 100' monopole on Industrial property Dear Interested Party: I represent ClearWire, a wireless internet service provider, and Pasci»zi Investments, owner of the property located at 10250 SW North Dakota Street(parcel ID 1 S 135CB00200)—otherwise known as Milwaukee Crane. ClearWire is proposing Site Development Review for a 100' monopole,to be located towards the northeast side of the property. The monopole will be within a 20'x20' compound and set back from SW North Dakota Street approximately 38', and approximately 35' from the east property line. Prior to applying to the City of Tigard for the necessary land use approvals, I would like to discuss the proposal in more detail with the surrounding property owners and residents. You are invited to attend a meeting on: Thursday,June 24,2010 Charles F. Tigard Elementary School—Library 12855 SW Grant Ave. 7:OOpm—8:OOpm Please note that this will be an informational meeting on preliminary plans. These plans may be altered prior to submittal of the application to the city. I look forward to more specifically discussing the proposal with you. Please feel free to call me at 503-708-7337, or e-mail at steven.topp@powderriverdev.com, if you have any questions. Sincerely, 7/ Steven W. Topp, AICP Land Use and Development Consultant on contract to Powder River Development Services on behalf of ClearWire, LLC. M AP Q V EST Notes A = location of proposed monopole /0250 SW Not fi DA goTA Sr. Trip to 12855 SW Grant Ave B = location of neighborhood meeting Tigard, OR 97223-5106 1.22 miles - about 3 minutes Route Map Hide MAPQUEST. of 1200 m I 600 ft Sw Noah 31 of g. W G1/4�R� N am\ v�0r)ct> bVrg Rd 5 . % Glacier Lily D Sw 98.h Ave 9) ce r e s Woodard ∎P Parts �c �st+� o. Sw Walnut St co-+ 0 ' . u, Qa ■ zi 5 `cam Sw Errol St ��k S es f cn O\v..°g P �'C�P�t, S 53 ek‘°a Sv rSh Pair"od J� �o4 s • n @2010 MapQuest Portions @2010 NAVTEO All rights reserved. Use subject to License/Copyright I Map Legend Directions and maps are informational only.We make no warranties on the accuracy of their content,road conditions or route usability or expeditiousness.You assume all risk of use MapQuest and its suppliers shall not be liable to you for any loss or delay resulting from your use of MapQuest. Your use of MapQuest means you agree to our Terms of Use 6/8/2010 S l G-t ) IQ Cke_--?qr` c, )►(?--f-- OK- PC q ) ./ £—!►'MAID. O(L IIAM c_ AoofL ss Z ►e ( pE._ r)+0N1 e_ WA/ S� 9&-- SL!/ oA3 e2 7 f/ bcf.t.eff 1/t/2 OR-POR424 Neighborhood Meeting Notes 06-24-10 Only one person attended. We sat down and discussed several issues—all typical for this type of installation: 1) Why here? Discussed existing sites, search ring and willing landlord. 2) What area will it serve? Showed map of general area that would be served. Explained purpose of facility and suggested contact with ClearWire sales if interested. 3) Will it affect property values? No concrete evidence one way or the other,but not that I have been able to note. 4) Is it safe? What kind of"radiation"does it put out? Spent a lot of time discussing this issue, and later e-mailed handout that identifies different exposure levels from various devices. CITY OF TIGARD , • COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING DIVISION 13125 SW HALL BOULEVARD TIGARD, OREGON 97223 PHONE: 503-639-4171 FAX: 503-718-2748 (Attn: Patty/Planning) EMAIL: patty tigard-or.gov REQUEST FOR 500-FOOT PROPERTY OWNER MAILING LIST Property owner information is valid for 3 months from the date of your request INDICATE ALL PROJECT'MAP &TAX LOT NUMBERS (i.e. 1S134AB,Tax Lot 00100) OR THE ADDRESSES FOR ALL PROJECT PARCELS BELOW: (If more than 1 tax lot or if the parcel has no address,you must separately identify each tax lot associated with the project.) /02 SD StAi JU0ph1 DA SraT r / 3 i 35 CB- 00o--moo PLEASE BE AWARE THAT ONLY 1 SET OF LABELS WILL BE PROVIDED AT THIS TIME FOR HOLDING YOUR NEIGHBORHOOD MEETING. After submitting your land use application to the City, and the project planner has reviewed your application for completeness, you will be notified by means of an incompleteness letter to obtain your 2 final sets of labels. IF YOU HAVE BEEN NOTIFIED BY PLANNING TO OBTAIN YOUR LABELS, PLEASE INDICATE BELOW THAT YOU NEED 2 SETS OF LABELS. I Completeness Letter Received Indicating 2 Sets of Envelopes w/Affixed Address Labels Required The 2 final sets of labels need to be placed on envelopes (no self-adhesive envelopes please) with first class letter- rate postage on the envelopes in the form of postage stamps (no metered envelopes and no return address) and resubmitted to the City for the purpose of providing notice to property owners of the proposed land use application and the decision. The 2 sets of envelopes must be kept separate. The person listed below will be called to pick up and pay for the labels when they are ready. � NAME OF CONTACT PERSON: SM yt� (.4-)(.4-) - • °P P PHONE: (503 )- 70 8- 73 27 NAME OF COMPANY: op. BEHALF of C L.04 W,/LC FAX: (503 )- 579 - '/W, EMAIL: sc...-foPp GL coir,eaai-.Ae-f' This request may be emailed, mailed, faxed, or hand delivered to the City of Tigard. Please allow a 2-day minimum for processing requests. Upon completion of your request, the contact person listed will be called to pick up their request that will be placed in "Will Call" by the company name (or by the contact person's last name if no company) at the Planning/Engineering Counter at the Permit Center. The cost of processing your request must be paid at the time of pick up, as exact cost can not be pre-determined. PLEASE NOTE: FOR REASONS OF ACCURACY, ONLY ORIGINAL MAILING LABELS PROVIDED BY THE CITY VS. RE-TYPED MAILING LABELS WILL BE ACCEPTED. Cost Description: $11 to generate the mailing list,plus $2 per sheet for printing the list onto labels (20 addresses per sheet). Then,multiply the cost ti print one set of labels by the number of sets requested. - EXAMPLE - COST FOR THIS REQUEST - f 7 4 sheets of labels x$2/sheet $8.00 x 2 sets = $16.00 sheet(s)of labels x$2/sheet=$ J x / sets :` 1 sheets of labels x$2/sheet for interested parties x 2 sets= $ 4.00 A sheet(s)of labels x$2/sheet for interested parties =$�x � sets = �G�� .— GENERATE LIST = $11.00 GENERATE LIST 11.00 TOTAL = $31.00 TOT $ CJ� rela 1 DSOR g 1■��� ` Area Notified (500 Ft) ir •■■'kii (1 10250 SW S135CB,North 00200) Dakota Street . __ _ ` o ° °All ��``` \`\``� �� o00o OO°c Neighborhood Meeting \ °°°°°o°° ° �O� \ •BlIl OP* . i - :.1 ■, , , , ,F, Hp FORTH DAKOTA ST r` _\` II ;1;1\11 \ \•••••••••••+•.••••••••••`�. •••••••••••• o N •••••••••••••E.•••••••••••4 ••••••••••••^ 10 ; ;;•;;; Subject Site I\ 4"``••• `\ f::::::::::::::::::::::::4 , � 1\\e ••••••••••••4, ` ' ` \, :- ■∎1 t,•••••••••••••••••••••••: ` �. 11 ,\`` `\\ ` `�� 1 Property owner information is valid Mg\` ` \ for 3 months from the date printed on ,iLSI' this map. • 114111kk rr& 111 S ,• A. I • • ,.... ,s. ,h,. ` , Map Printed 03-Jun-10 411 ik'' 1 \� Information on this map is for general local on \ only and should be verified wdh the Development 11111. \ !\`r. Alli t Services D visbn. \ �� DATA IS DERIVED FROM MULTWLE SOURCES.THE LRY OF TIOARD% A."\\ �--■ ■, CONTENT,ACCURACY. OR COMPLETENESS TO Ti L D T A P ACCURACY.HEREIN. C TY COMPLETENESS OF ANY OF L, DATA PROVIDED HEREN.THE CITY OF TIGARD SHALL ASSUME Fowler MS \ .■.... .� L6 NFFORMATIONPROVIDED REGARDLESS OFHOS ! ! _ M PIHAS S • 1111111 COMMUNITY DEVELOPMENT DEPARTMENT MO i ...jdk IL • ,_i . �•. Ciy of TIgard 0 .�0�, 1 hgar SW Hall 97223 e _\ •�• iTil , Ig 639-4171 R acLu c_ c)( Plans - PROPRIETARY INFORMATION R RTHE INFORAMTION CUMENTS I !N THIS SET OF clear vv r e CITY OF TIGARD CONSTRUCTION DOCUMENTS IS PROPRIETARY p. NATURE. ANY USE OR DISCLOSURE OTHER THAN TINT WHK;H 4400 CARILLON POINT RELATES i0 CARRIER SERNCES D STRICTLY PROHIBITED KIRKLAND, WA 98033 Approved I I .3anditionally Approved t 1 REVISION For only the work as described in: PERMIT NO. See Letter to: Follow 1 I RECEIVED PACIFIC TELECOM SERVICES.7N r. Attach I l 6 LC S..5u.655 E: Address. Date: AUG BRETON 0 5 2010 Vaal 1.63-6333 ae e> I CITY OF TIGARD ARC OR.-POK424-A PLANtvNit lEP�Ka1NEEMING �--+ A r�• RICHARD B.HAL Ti -sa 10250 SW NORTH DAKOTA STREET ,!. -� ��� TIGARD, OR 97223 - s�,WA c. PROJECT INFORMATION VICINITY MAP DRAWING INDLX LEGAL DESCRIPTION OF O a 04ti PROJECT DESCRIPTION; PART of SECTION 35, TOWNSHIP I SOUTH, RANGE 2 WEST, SHEET DESCRIPTION of TIE MLLAMETTE MER1oNN. IN rHE couNrr 13F EXPIRATION DATE OF THE CLEARYPRE PROPOSES TO CONSTRUCT AN UNSTAFFED TELECOMMUNICATIONS FACILTY CONSISTING OF(3) PANEL ANTENNAS, (PQ a SW Oak$1 T-1 TITLE SHEET WASHINGTON MO STATE OF OR, DESCRIBED AS FOLLOWS' LICENSE:06/30/12 (3) FUTURE PANEL ANTENNAS. (5) MICROWAVE DrsNES,ma (6) DAP UNITS MOUNTED ON A PROPOSED 100'-0'AGL SW Ironwood 'Y • COLLAPSIBLE STEEL MONOPOLE WITH EOUIPMENT CABINET MOUNTED ON A CONCRETE 5LA8 NEAR BASE OF MONOPOLE a D y O-1 GENERAL NOTES BEGINNING AT A POINT 3694.29 FT.WEST OF THE WITHIN A PROPOSED 28'-0'% 14'-0'FENCED COMPOUND. m Nr NORTHEAST CORNER OF THE JOHN L.FROWN DONATION GlcenwaV Part (; 217 C-1 SITE SURVEY(BY OTHERS) LAND CLAIM. SAID POINT BEING 50 FT.WESTERLY O.WHEN 0-2 SITE SURVEY(BY OTHERS) M MA EASURED AT RIGHT ANGLES TO.THE ORNALLY LOCATED APPLICANT; PROPERTY OWNER; Ln N CENTER LINE OF THE SOUTHERN PACIFIC COMPANY'S R.O W. CLEARWIRE, LLC PASCUZZI INVESTMENT LLC t II A-1 OVERALL SITE PLAN THENCE, 519.30'30'E PARALLEL WITH THE C.L. OF SAID 4400 CARILLON POINT 10250 SW NORTH DAKOTA CoBonWOOd y (A A-2 SITE PLAN ROM., 207.49 FT. TO A POINT 35 FT.WESTERLY OF,WHEN KIRKLAND, WA 08033 TICARO,OR 97223 y3' MEASURED AT RIGHT ANGLES TO,THE LOCATED C.L. OF THE CONTACT. WCNMEL BACON CONTACT: PSAQUALE L PASCUZZI Q A-3 ENLARGED SITE PLAN AND ELEVATION OREGON ELECTRIC RAILWAYS CONNECTION TO THE SOUTHERN PM: (503)975-9394 PH: (503) 639-8891 c PACIFK: COMPANY'S TRACK: THENCE.ALONG A UNE A-4 EQUIPMENT DETAILS 2 T PARALLEL WITH THE 35 FT.WESTERLY FROM THE CENTER t A-S FENCE OETNL5 UNE OF SAID CONNECTION AS FOLLOWS.ALONG CURVE TO Ci CODE INFORMATION; TEAM LEAD: % t DETAILS THE RICHT(RAO 763.64 FT.) (THE CHORD OF WHICH BEMS LLi ZONING CLASSIFICATION: 1-P/ INDUSTRIAL PARK CONTACT: MATT CARROZ CURVE TO'THE 22782 R. TO A 2577.5;THENCE,(THE ALONG A PM: (916) 412-9688 A-7 CONSTRUCTION OE'TNIS CURVE TO THE RIGHT(RADIUS 1257.57 Ti) (THE CHORD BUILDING CODE: 2009 IBC SW Nodh Dakota S! SW North Dakota S1 OF WHICH BEARS SO6'02'10'W. 72.56i-TO A POINT;THENCE CONSTRUCTION TYPE: NIB P Rf-I RE INFORMATION AND DETAILS LEAVING SAO PARALLEL UNE.WEST 430.93 FT. TO A POINT O H-N SITE ACQUISITION; - - RF-Y SWEEP TEST IN THE WEST UNE OF THE PARCEL OF LAND CONVEYED TO N St t` OCCUPANCY: 5-2 CONTACT: KEITH PAINTS 8fd g _.j jt THE BfAVERTON AND WILLSBURG RAILROAD COMPANY BY 4� PH: (360) 606-8575 III- L` - 4 E-i GROUNDING SCHENATK: THE INVESTMENT CO. BY DEED DATED SEPT. 1& 1907 AND rk�.r �/ 45 JURISDICTION: CITY OF TIGARD 4 ` i E-2 GROUNDING DETAINS RECORDED NOY. I. 1907, IN DEED BOOK 77, PAGE 381. f L,L = p ti S` RECORD OF DEEDS OF SAID WASHINGTON COUNTY;THENCE f F 1 O t- CURRENT USE: TELECOMMUNICATIONS FACILITY IN G E-3 ELECTRICAL DETAILS N ALONG THE W UNE OF SA/0 PARCEL Of LARD,495.0 R. {�I�I� p PERMITTING; n6N� TO THE NW CORNER OF THE SAID PARCEL OF LAND; C- °z c PROPOSED USE: TELECOMMUNICATIONS FACILITY CONTACT: STEVEN W. TOPE.,NCP Q PH: (503) 705-7317 THENCE EAST ALONG TIE NORTH UNE OF SAID PARCEL OF U SW Tigard St LAND 353.49 R. TO TIE POINT OF BEGINNING. N• TELCO COMPANY; �nm vERIZON CONSTRUCTION COORDINATOR; o PH: (800) 483-4000 CONTACT: ROB ANGLE p N PH: (503) 269-5866 Q NOTES eN POWER COMPANY; BH ENGINEER: p CABLE PH: (503) 226-6322 CONTACT: DONNY BO Ay COAX 2TORBESINSTALLED TO INTERIOR(OE TOWER 1/2 PH: (503) 750-9570 SW • ICathenne St SW Sh, SITE LOCATION: (BASED ON NAD 631; a C6 Lb 16.03'N 2 ANTENNAS ANO MOUNTING HARDWARE TO BE PAINTED TO RF ENGINEER; �S( erp MATCH PROPOSED MONOPOLE LATITUDE: 45 CONTACT:AARON WIESE LONGITUOE: 122 46' 55.31'W PH:(971) 226-2528 TOP OF STRUCTURE AGL, 100•-0• DRIVING DIRECTIONS .\R KEVIA1 IONS BASE OF STRUCTURE AMSL 170'-0' FROM PORTLAND INTERNATIONAL AIRPORT: A/C AIR CONDITIONMM7 MORZ HORIZONTAL PLYWD PLYWOOD ACL ABOVE CROJND LEVEL HR HOUR PROJ PROJECT PARCEL NUMBER(S1; HEAD SOUTHWEST ON NE AIRPORT WAY TOWARD NE AIR CARCO RD. TAKE THE RAMP ONTO I-205 S. TAKE EXIT 218 TO APPROX APPROXIMATELY MT HEIGHT PROP PROPERTY R273402 MERGE ONTO 1-84 W/US-30 W TOWARD PORTLAND. TAKE THE EXIT ON THE LEFT ONTO 1-5 S TOWARD HVAC HEATING PT PRESSURE TREATED BEAVERTON/SALEM,TAKE EXIT 294 TOWARD OR-90W/TIGARD/NEWBERG, MERGE ONTO SW BARBUR 8 LHD/OR-99w 5 BLDG BUILDING VENTILATION _ CONTINUE TO FOLLOW OR-99W S, TURN RIGHT AT SW GREENBURG RD,TURN LEFT AT SW TIEDEMAN ARE,SLIGHT RIGHT BLK BLOCKING MR CONDITIONING REQ REQUIRED REVISIONS AREA OF PARCEL; AT SW NORTH DAKOTA ST;DESTINATION WILL BE ON THE LEFT. RM ROOM N0. DATE OFSCR,...c.. 241.224 S.F. (554 ACRES) CEO CEILING D INSIDE DIAMETER RO ROUGH OPENING CLR CLEAR N INCH , M-25-II MUMS�T.1,0 W.KGS •.5R CONC CONCRETE NFO INFORMATION SIT SHEET 2 M-2K-If FNRL IANSIAVCIICR D4+A'.3133 A,R PROJECT AREA: COAST CONSTRUCTION NSUL INSULATION SIM SIMILAR 1 $1-14-7{MIND1W0BWEINVMS ..R COAT CONTINUOUS NT INTERIOR SPEC SPECIFICATION 392 S LEASE AREA BC INTERNATIONAL SF SQUARE FOOT GENERAL INFORMATION: DBL DOUBLE BUILDING CODE SS STAINLESS STEEL 1. PARKING REQUIREMENTS ARE UNCHANGED DM DIAMETER STL STEEL 2. TRAFFIC IS UNAFFECTED. DING DIAGONAL LB5 POUNDS STRUCT STRUCTURAL 3. SIGNAGE IS PROPOSED. ON DOWN STO STUD DET DETAIL MAX MAXIMUM SUSP SUSPENDED - DWG DRAWING MECH MECHANICAL APPROVAL DATE SIGNATURE MIL METAL THRU THROUGH EA EACH MER MANUFACTURE TNNC TINNED PROJECT TEAM CLEARWIRE: ELEC ELEVATION MGR MANAGER M TYPICAL NOT FOR AS CORUC UNLESS ET ELEC ELECTRICAL MIN MINIMUM UBE LED CONSTRUCTION CONSTRUCTION SET LANDLORD EQ EQUAL MISC MISCELLANEOUS UNO UNLESS NOTED OTHERWISE EQUIP EQUIPMENT EXT EXTERIOR PROJECT ARCHITECT PROJECT CONSULTANT COAST: EXaK)R NA NOT APPLICABLE VENT VERTICAL SHEET TITLE SIC NOT IN CONTRACT Nf VERIFY IN FIELD RICHARD B. HAL,AM POWDER RIVER S/A FIN FINISH NTS NOT TO SCALE TITLE SHEET PACIFIC TELECOM SERVICES. LLC DEVELOPMENT SERVICES. LLC ' FLUOR FLOURESCENT W/ WITH 568 FIRST AVENUE. S.. SUITE 650 17400 SW UPPER BOOSTS FERRY RD R.F.: FIR FLOOR OC ON CENTER W/O WITHOUT SEATTLE.WA 98104 SUITE 270 R FOOT 00 OUTSIDE DIAMETER CONTACT: PAUL DANNEBERG PORTLAND. OR 97224 ZONING: WP WATER PROOF PH: (206)375-3788 AWE- GA GAUGE SHEET NUMBER EMAIL: PDANNEBERGOPISWA COM GALV GALVANIZED BA GENERAL CONTRACTOR T-1 GRAD GROUND REVIEWERS SHALL CLEARLY PLACE INITIALS ADJACENT TO EACH REDLINE NOTE AS DRAWINGS ARE BEING REVIEWED GYP BD GYPSUM WALL BOARD THE INFORMATION CONTAINED IN THIS SET OF CONSTRUCTION DOCUMENTS IS PROPRIETARY BY NATURE. ANY USE OR DISCLOSURE OTHER THAN THAT 'MACH RELATES TO CARRIER SERVICES IS STRICTLY PROHIBITED. LEGEND - SUBJECT UNE clear w r e° 1 ' _- — _=RIGHT-OF-WAY CENTERLINE 4400 CARILLON POINT gt RIGHT-OF-WAY LANE KIRKUND, WA 960J3 •T 1 ADJACENT BOUNDARY LINE \ 1 Noncom'.BRENLOOYR'1 LINE 1 ,1 —0.--0.0—6M►—OVERHGO POWER UNE 1 t —u6A—LOP—Vv—BURIED POWER UNE \ 'UPPED CAS LINE ■ ■ ', �\ -Ow—an--ow-OVERHEAD TELEPHONE ...‘E PACIFIC TELECOM SERVICES. 1 ADJACENT PARCEL ZONING, WIC —u9T V9T—1197—BURIED TELEPHONE _'NI. LLC ADJACENT PARCEL 1' —V�.-V—.V —V ■LATER UNE Hlky •�.•N M Ital4 ISO '.....7.?♦ ZONING,MALE-2 \ 1,, —$ —S —S —3 BURIED SANITARY SEWER rn.o..(1°U XHt-x040 r..:(704)103-u1J ADJACENT PARCELI ZONING:R-12 1 —i9-39—so— BURIED STORM DRAM 11 ---- DITCH UNE/FLOW LINE 151'-6• 1, \ ROCX RETAINING MALL — w+TVQi Sri ACR r r \ "0'-SETBACK ,� VEGETATION LINE �c�- -cam .\ \ A 0 0 0 CHAIN LRa FENCE _ 1 EXISTING RR ❑ ❑ W000 FENCE ' ■ 1 B. '� 167'-11• 0 CABINET SETBACK t3.�• CROSSING SIGN (TYP) / —x—x—x—v—x — DARED WIRE/M.RE FENCE --', r74' I ( \ •- SETBACJC [,. TRANSFORMER Q- F!RE HYDRANT •/ '' I `' -—__—--—_ ' ` A UCH:STANDARD DS GATE VALVE Ex1srlNC UTlun — - -` - Exr5TW0 `POLE (Pre c.O. -__ __-__—_ TREES(TYP) --—__—__ `�` •• / ® PORTER VAULT 63 WATER METER �A S 7 WA \ / .'3- • __—__ // / 8 UTIUT♦'BOX fl FIRE STAN° PIPE .A 5008 4� -___ - -—---_--_--_—-—-�- --- -—4•-1 '-1_EXISTING NORM�DAILOTA 1R ' /—' I ' E76STING TELEPHONE _—__ __—-__—• —�/ AS MTIUTY POLE ❑ CATCH BASIN. TYPE ♦,j1 OF "I s.i------- IIAN HOLE'- - -'-�- - • .0 ___ __ '\ ♦ \ I �.__ a--`�_` _ R 911447 41'— PQLE CUT WIRE 0 CATCH BASIN. TYPE .I PROPERTY L,BIE BBT48 30Y �• — — EXPIRATION DATE OF THE I �•�� 1' ��- »r •»•� �� 11�1, _ . __— m CAS VALVE o SON 1 I ' �f o �Fmk {MI �i�� C-�- ________—_____.—_ a CAS METER • BOLLARD 1 DAMPS ` ./ \ _!_,I b ^1 g1 -- - :•,� \ rADJACENTPARCEL LICENSE:OBr3Ql12 -+l-_ .. EXISTING CO TELEPHONE VAULT MAIL BOX /6808 POLE 011 rlr ! — 'R 1 =L x�i,' ( �,\ I,' 201uNG_I-P. BUILdNG 2,4.2' n, 3■�ee 1 l ■ TELEPHONE RISER SPOT ELEVATION ON Ydr 8181® Ex15T.NG CREEK ADJACENT PARCEL - _ _ _ `, L •/, ZONING, R-12 I r ) i .-- _:�g r. i ' i.// i ✓,., -v siI �I,1� PROPOSED CXENMARE SIZE SLR�PC !bMNET / tlQLFS: 1 ` ON A PI1EFAaBWTW CONCRETE 148 MRMN ( / • R 1 A T8'-0'x 1{'-D"FENCED COMPOUND' MP01 `�T / 1. (_12) RUNS OF FIBER CABLE AND(S) RUNS OF 6 PROPOSED CLEARWIRE U.O. POWER 7 1 .//! 1 2 COAX TO BE INSTALLED TO INTERIOR OF TOWER I / , \, PROPOSED CIEAR■ME Z6'-O' '/ I RUN 70 COSTING UTILITY POLE/6B OB I EX�NG X 14'-8'FENCED COMPOUND 2.ANTENNAS AND MOUNTING HARDWARE TO BE I+J ( V BURDINC� N .17, / PLANTED TO MATCH PROPOSED MONOPOLE W jy/-%•A44:!!/,AIL 1///!•/.Y, 1 ` i 1 PROPOSED CLFMWeIE PANEL.wmiwl1(3 - / 7 r. - _ ' '—TOTAL)IAOUIRm ON PROPOSED 100'A . Z N 5T[!L MONOPOLE(fYP , .� ) REVISION ZEXSTING / LETERTtRB 7 I . FUTURE CLEARWDRE PANEL ANTENNAS(3 0 0 ti x worm / ate 1 r T ,1. TOTAL)MOUNTED CN PROPOSED 100'ACE riir `1- O 7 STEEL MONOPOLE COP t PER SECTOR) r✓ T t1 W p z ce - I / ' \ PROPOSED CLEMONS(IRCRO■AVE dsilES(5 TOTAL) 0 1' % a • MOUNTED ON PRO►aED TOO'AGE STEEL MONOPOLE I z S. q N SUBJECT PARCEL R I% I I/ J ZONING' 1-P �ll �V', tl�/t� 511e-a/ if-3 ( N / ! VV�• CV PARENT PARCEL r - / /� DOCUMENT NO. / ! 95-037912 ! 1y�il( / y� 1), VICINITY MAP r / OI j • a- 1 11 il i $g I / i / ! „ !. . • y / ;.a• / / I '/"s`"�Y'0 a'`' REVISIONS I'S • / .. 1� it ..o. ats 6CSCRImoN VIAL / , ,r C I \41-D-le na.+n mwwu oR..■ VIA �{ I ,: i, - - ----Is� 2 15-$-R'Iva ca6nmcta OCAS +w- : % i I ', - SW North 0 T m-7FW U1@ Ilk 616406.SAM M il 5 1 '.. T i _ RPM i '� �� / / 4: 19501 SU NOT FOR CONSTRUCTION UNLESS i • ,,,,•IA Oreion LABELED AS CONSTRUCTION SET . r1/' o.1 SHEET TITLE SITE PLAN PROPERTY UNE 56748'35•£ �I — — - N ` ...- .....--y ADJACENT PARCEL ZONING: I-P I SHEET NUMBER .r...r Y mar A_i 24'.36•SCALE: 1• . 40'-D• OVERALL SITE PLAN I '1'07'SCALE: I- . 80'-0• D' THE INFORMATION CONTAINED IN THIS SET OF CONSTRUCTION DOCUMENTS 5 PROPRIETARY BY NATURE. ANY USE OR DISCLOSURE OTHER THAN THAT WHICH RELATES TO CARRIER SERVICES IS STRICTLY PROHIBITED. • NQTES_ \ 1. (12) RUNS OF FIBER CABLE AND(5) RUNS OF \' \ • 1/2•COAX TO BE INSTALLED TO INTERIOR OF TOWER \ 1\ clear w r e° 2.ANTENNAS AND MOUNTING HARDWARE TO BE 1 \ 4400 CARILLON POINT PAINTED TO MATCH PROPOSED MONOPOLE 1 XIRKLANO,WA 48033 T - - \ \ \\ N i i, ■ ■ �I \ 1 \ - ' PACIFIC TELECOM SERVICES, \\ ■ uc um cSr . .s.,FINN 130 Sr*,WA.w.o. t he.\.(70{3 3.2-1000 fa.:(20O 103-4312 \ I \ \ Ir 1 1 t� 1 A f/ \ EXISTINGi RR G \ CROSSING 51GN (1YP) 5� Y \\ UMW T \ ~ CHARD B. "� ' \ / ;PO POLE — — --- • °� V' 0 0 —° N yy j ! PROPOSE wic SITE SWORE MICE / — s_rat — TR — --------------------- 'l' '5008 .j}. OF ,� �� \ 1 - —t J•- - - R _ - '--�^_ EXISTING TELEPHONE TrwaDTt j""- �[ �� RSER �nsa --_--------------------__—_--- EXPIRATION DATE OF THE ..• \— _ ' (- -r ' \ \ � -DT D -�- \. J "I' LICENSE(18130f12 ,: cEkT�D ��-Ynm POLE 4 MIDiQtY uN[!rT N'3" --—-----—--— E> • -� TREES >r�� �1( c. / \\/\) (.1 i OM `:vN /■ PARENT PARCEL 2 �0 � > DOCUMENT NO. .- —�j.,,,' —r—r-1-r r\ � . — _ ._T k.9' `\\�' , k\ ,/ '//•• • 7 /''' ..- i-....________. 1 / / / PROPOSED a EamnRE PANEL ANTFMMS(3 e / / L_ a 01 ch I ' TOTAL) MOUNTm ON PROPOSED 100'AOL F + I. / I—' T O \ PROPOSED Ctt/I101/r U.O. 6 1 STEEL MONOPOLE(TYP 1 PEA SECTOR) / LO�MO /1 I PORES RUN TO COSTING e _ ■Iwaw� 'J T POLE M� ,.nmrRE CLEARIRRE PANEL APNEMNAS(3 ' / ,r 3 / .41 TOTAL)MOUNTED ON PROPOSED TOO'AOL / N / STEEL MONOPOLE(TIP I PER SECTOR) \`•�� /' ., �. 0 PROPOSED=AWARE YKROWME I.I. J / al / DISHES(5 TOTAL) MOUNTED ON CV I REyISION PROPOSED 100 , STEEL LTDNOPOIE' '� " 1 • EXISTING ,f BUILOINCJ / • / r ` 1 / no.2S5A 4-3 / I \l,:\j tl � `; ,� / REVISIONS I1 N0. OW DFSCMPTOI M RML / 1' 'i 1 / + 02-5,0.nrrr CONFUSION CAWS rie /, I / \\1 // 2 or2a-N Mk CorsuuTo,mums Le 3 51-7,-Is WM NN SWAM MOM WA / i /, I / / • / / / \\ j / / �/ NOT AS CONSTRUCTION UNLESS 2i 1 ./ , , ://... SHEET TITLE / ' i/ , SITE PLAN // I / / I ' / • ...+ ..Mi. SHEET NUMBER I + / 24-U36•SCALE. 1• " 20'-0' A-2 11.07•SCALE' 1• " 40'-0• o' SITETALANI 1 THE INFORMATION CONTAINED IN THIS SET OF CONSTRUCTION DOCUMENTS IS PROPRIETARY BY NATURE. ANY USE OR DISCLOSURE OTHER THAN THAT WHICH RELATES TO CARRIER SERVICES IS STRICTLY PROHIBITED. 1. (12) RUNS OF FRIER CABLE AND (5) RUNS OF _` `, SW NORTH DAKOTA STREET . 0 I/2•COAX TO BE INSTALLED TO INTERIOR OF TOWER - Clear w r e 2.ANTENNAS Al O MOUNTING HARDWARE TO BE ` ».-.....r..... `..11 .-..»»,..»,0,0,0,_,_0- »,�, PAINTED TO MATCH PROPOSED MONOPOLE l'1»»��»»� \ XIRKUND, WA 98033 .._�»,-»».-»». r��._,..» ,..� ,�,-»�»,-.-»,-,.,» »,-,-,y,,» •-,-,�^»»,- 4400 CARILLON POINT DIMINO FENCE \ \ ...,... —r� — __ — PACIFIC TELECOM SERVICES. �• b POOPERTV UNE 587•48* WE LLC 4611 rm.44"w.S... su .•,\ `,, _ — .o,. (TCn)347 w,w4 re. (206)11m-1153 l \\` f - ' �'• CHARD B.HAL lisM1 ``.."'. (n S ATTL ,WA r/ . \ / '�' 5008 (``,'� RAO CENTER_OF PROPOSED CLEARWLBE_M'CROW99'-0•Al �,�'1J/!%f _ ��I� .�� _ �A� O^'w �RAD CENTER OF PROPOSED AND FUTURE CLEARWIRE PANEL ANTENNAS_ RAD CENTER OF PROPOSED CLEARVXRE MICROWAVE DISHE I/. �•• 9T-6"ACM • -~'�" -'"- PTOPOSED CIFMWIRE PANEL ANTENNAS(3 .-_..- �"' EXPIRATION DATE OF THE. "I\ TOTAL)MOUNTED ON PROPOSED 100•AGL - LICENSE:06130/12 Igor STEEL MONOPOLE (TYP 1 PER SECTOR) PROPOSED CLEARWIRE DAP UNITS MOUNTED __ _ BEHIND ANTENNA (TYP 2 PER ANTENNA) `—. __ -. __.._ _ FUTURE CLEARWIRE PANEL ANTEMIAS (3 4 _ TOTAL) MOUNTED ON PROPOSED 100' AGLe STEEL MONOPOLE (TYP 1 PER SECTOR) _ - -- - ------_ PROPOSED CLEARWDRE MICROWAVE 7 �-__ - _ _ DISHES (6 TOTAL) MOUNTED ON -_-..___ —_ PROPOSED 100'AGL STEEL MONOPOLE R'_ _ _._. _. __����` __ L I REVISION --- z N rtCY .� 1t-J ::::L r EARW7RE i$/ w f zI �e 0 M K=CEEMIIt1E • cr LE �7 MOPOSED CLFAR'WIRE 5.-O Vi) (IN THIRDS) STEEL MONOPOLE L/�/� �/ ce C / --d�o��G/ ( m in . __. _� _ �11/ R P CHAIN LANK FENCE ® Fes/ j ; I En11 - Mg PROPOSED ClEVM1RE SRE SUPPORT CABINET I /1 ''�� GOL N� _/ /; � ON A PREFABRICATED CONCRETE STAB D ® V PROPOSED 2 6•-0• 1 A 26•-0'% 1i'-0� FENCED COMPWND \��/ N Y ACCESS GAM- ` �°■� N`. ■N. //// 107 I-47.-"C)1"),T'FLIA l'''A *t vi _I Alik\ Air yr' { M•1y.'+.,ir`2 � • , �.._ fritik� f t ` .� I• EXISTING STRUCTURE ////, `+ , .-, a /6 // ��� 'M ;, �� POWER e� �P ��i�.l � \ PROPOSED CLEARWIRE PANEL N4TP*W (3 4�I �' / 1� ` \ TOTAL)PROPOSED ON PROPOSED too MS i) ,� MOPOSED CLEARWIRf POWER METE7F r--~�r'--. I I r—�—�.J '/ .� STEEL MONOPOLE(TYP 1 PER SECTOR) i/ • �_ REVISIONS PROPOSED CLEARWIRE WAVECVIDE - � i„, , N x -- MQPOSED CLEMWIRE CAP UNITS MOUNTED •'D DATE D ON 'NOW` - WIND ANTENNA(TYP 2 PER ANTENNA) O • 1m42,0 M:a+A.COMM.WOGS •A /; - FUTURE CLEARWIRE PANEL L. 2 sY26.1 FM.CONVINCICN MOWS ILA PROPOSED CLEARWTRE OPT ANTENNA / ` ANTF?ILLlS(3 TOTAL) MOUNTED / _ _.__ 3 n-s-v sIm not manna GYM sA ON PROPOSED 100'ACL STEEL j / /MONOPOLE(1YP 1 PER SECTOR) / PROPOSED CLEARWIRE CORE 28'-0•X / - / / 14'-0•FENCED COMPOUND OPROPOSED CLEARWIRE SITE SUPPORT CABINET �..� , - ON A PREFABRICATED CONCRETE SUB WTTFIR4 / / / / PROPOSED CLEARWIRE U.C. 0 / A/ / A 26'-0• X 14'-0-*FENCED COMPOUND POWER RUN TO EXISTING / / - PROPOSED(2) 6'-0•ACCESS GATES / ��POLE X6906 // PROPOSED CLEARWIRE MICROWAVE DISHES(5 TOTAL) - / EXISTING CONCRETE WALL / j MOUNTED ON PROPOSED 100'AGL STEEL MONOPOLE 3 PROPOSED CLEARWTRE 6'-0- . - 1/GH CHUM LINK FENCE I - - / 24•-0 / NOT FOR CONSTRUCTION UNLESS • _ - / 4•-O' LABELED AS CONSTRUCTION SET . Y0'-�AGL(1(172•-0•AMSL) :' ///////�/�/////////� FENCED COMPOUND ' TI SHED ENLARGED SITE PLAN AND ELEVATION SHEET NUMBER MIR MP.P 01.901 A_ 24•:36•SCALE: 1/8• • 1•-0• . WE,1 EL.GYAIIVI�I x4r SCALE: 1/4• . 1•-Er 4• r2• T0• 4• 11.07•SCALE: 1/18• _ 1'-0. 6 6 4 2 0 N. 12 ENLARGED SITE PLAN I THE INFORMATION CONTAINED IN THIS SET OF CONSTRUCTION DOCUMENTS :5 PROPRIETARY BY NATURE. ANY USE OR DISCLOSURE OTHER THIN THAT WHICH KRATCS TO CARRIER SERVICES IS STRICTLY PROHIBITED. LAND USE PROPOSAL DESCRIPTION TIGib 120 DAYS = 12/11/2010 FILE NO.: SITE DEVELOPMENT REVIEW (SDR) 2010-00002 FILE TITLE: CLEARWIRE MONOPOLE TOWER OWNER: Pascuzzi Investment,LLC APPLICANT: ClearWire,LLC 10250 SW North Dakota St. 4400 Carillon Point Tigard,OR 97223 Kirkland,WA 98033 REQUEST: The applicant is requesting Site Development Review approval to erect a 100-foot tall monopole with antennae and dishes in a 14 ft. by 28 ft. fenced and screened compound. The monopole is designed to be collapsible in thirds in the event of a major seismic event. The facility will include an equipment cabinet to support transmission of wireless signals. Screening will be 6 ft. evergreen shrubs. LOCATION: 10250 SW North Dakota Street;Washington County Tax Map 1S135CB,Tax Lot 00200. ZONE: Industrial Park District. The I-P zoning district provides appropriate locations for combining light manufacturing, office and small-scale commercial uses, e.g., restaurants, personal services and fitness centers, in a campus-like setting. Only those light industrial uses with no off-site impacts, e.g., noise, glare, odors, vibration, are permitted in the I-P zone. In addition to mandatory site development review, design and development standards in the I-P zone have been adopted to insure that developments will be well-integrated, attractively landscaped, and pedestrian-friendly. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.390, 18.530, 18.705, 18.745, 18.765, 18.798 and 18.810. DECISION MAKING BODY BELOW: ❑ TYPE I ® TYPE II ❑ TYPE III ❑ TYPE IV COMMENTS WERE SENT: AUGUST 18,2010 _ COMMENTS ARE DUE: SEPTEMBER 1, 2010 ❑HEARINGS OFFICER (MON.) DATE OF HEARING: TIME: 7:00 PM ❑PLANNING COMMISSION (MON.) DATE OF HEARING: TIME: 7:00 PM ❑CITY COUNCIL (TUES.) DATE OF HEARING: TIME: 7:30 PM ® STAFF DECISION (TENTATIVE) DATE OF DECISION: SEPTEMBER 13, 2010 COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION VICINITY MAP ❑ DRAINAGE PLAN ® IMPACT STUDY ® SITE PLAN ❑ STORM WATER ANALYSIS ❑ TRAFFIC STUDY Z NARRATIVE El TREE PLAN ® OTHER: MISCELLANEOUS STAFF CONTACT: Hap Watkins,Assistant Planner (503) 718-2440 III ■ i TIGARD City of Tigard August 16, 2010 Steven W. Topp 12566 SW Bridgeview Ct. Tigard, Or 97223 RE: Completeness ClearWire Monopole Case File No. SDR2010-00002 Dear Mr. Topp, The City received your comment sets of plans, mailing packets, and CD of application materials dated August 13, 2010, for Site Development Review Approval to construct a monopole wireless transmission facility at 10250 SW North Dakota Street. Staff has completed review of the revised submittal and has determined the application is complete and the 120 day review period began on August 13, 2010. It should be noted that staff has not reviewed the application submittal for compliance with all the relevant code criteria, and that additional issues may arise during the review which may require further clarification. Should you have questions,please call me at 503-718-2440 or e-mail me at hapatigard-or.gov. Sincerely, .11 '6 co,1,2,156YLA Darrel"Hap" Watkins Assistant Planner C: SDR2010-00002 Land Use File 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov PUBLIC FACILITY PLAN Project: 3R2010-00002 Clea - COMPLETENESS CHECKLIST Date: August 9, 2010 op..%y `,rn. GRADING ❑ Existing and proposed contours shown. ❑ Are there grading impacts on adjacent parcels? ❑ Adjacent parcel grades shown. ❑ Geotech study submitted? STREET ISSUES ❑ Right-of-way clearly shown. ❑ Centerline of street(s) clearly shown. ❑ Street name(s) shown. ❑ Existing/proposed curb or edge of pavement shown. ❑ Street profiles shown. ❑ Future Street Plan: Must show street profiles, topo N/A on adjacent parcel(s), etc. ❑ Traffic Impact and/or Access Report ❑ Street grades compliant? ❑ Street/ROW widths dimensioned and appropriate? ❑ Private Streets? Less than 6 lots and width appropriate? ❑ Other: SANITARY SEWER ISSUES ❑ Existing/proposed lines shown. N/A ❑ Stubs to adjacent parcels required/shown? N/A WATER ISSUES ❑ Existing/proposed lines w/ sizes noted? ❑ Existing/proposed fire hydrants shown? ❑ Proposed meter location and size shown? ❑ Proposed fire protection system shown? STORM DRAINAGE AND WATER QUALITY ISSUES ❑ Existing/proposed lines shown? ❑ Preliminary sizing calcs for water quality/detention provided? ❑ Water quality/detention facility shown on plans? ❑ Area for facility match requirements from calcs? ❑ Facility shown outside any wetland buffer? ❑ Storm stubs to adjacent parcels required/shown? The submittal is hereby deemed ® COMPLETE ❑ INCOMPLETE By: Q Date: August 9, 2010 REVISED: 08/09/10 City of Tigard, Oregon 13125 SW Hall Blvd. • Tiga>.., OR 97223 M •• T■ • August 6,2010 T I GARD Steven W.Topp 12566 SW Bridgeview Ct. Tigard, Or 97223 RE: Completeness ClearWire Monopole Case File No. SDR2010-00002 Dear Mr.Topp, The City received your supplemental application materials August 5,2010, for Site Development Review Approval to construct a monopole wireless transmission facility at 10250 SW North Dakota Street. Staff has completed review of the revised submittal and has determined the application will be complete when the comment review copies are submitted with the mailing envelopes.At that time the 120 day review period for local decisions will commence. It should be noted that staff has not reviewed the application submittal for compliance with all the relevant code criteria,and that additional issues may arise during the review which may require further clarification. Please provide 8 (full set) copies of your collated application materials as revised. Include a CD copy of all application materials. Also provide two sets of pre-addressed (no return address),stamped (not metered) #10 size plain white envelopes. Contact Patty Lunsford at 503-718-2438 for address labels of property owners located within 500 feet of the subject site. Should you have questions,please call me at 503-718-2440 or e-mail me at hap @tigard-or.gov. Sincerely, 4,0,1•VII'14441.144 Darrel"Hap"Watkins Assistant Planner C: SDR2010-00002 Land Use File Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 Steven W Topp, AICP Land Use and Development Consultant August 5, 2010 Darrel "Hap" Watkins,Assistant Planner City of Tigard RECEIVED Dept. of Community Development Current Planning Division 13125 SW Hall Blvd. AUG 0 5 2010 Tigard, OR 97223 CITY OF TIGARD RE: SDR2010-00002 PLANNING/ENGINEERING Response to Completeness Review Dear Mr. Watkins, The following is in response to your Completeness Review Letter, dated July 20, 2010: 1) The site has been redesigned so that the lease area(with fence, equipment and tower) complies with the 35' front yard setback requirement. 2) An addendum to the narrative addressing TDC18.705.030.C., in the form of a copy of the lease. 3) An addendum to the narrative addressing TDC18.810.020.A. As requested, three(3) copies of the revised drawings and addendum to the narrative are being provided. Sincerely, 7, Steven W. Topp, AICP 12566 SW Bridgeview Ct. •Tigard, OR 97223 Phone:503.708.7337 • Fax:503.579.4441 • sw.topp@comcast.net July 20,2010 Steven W. Topp,AICP 12566 SW Bridgeview Ct. Tigard, OR 97223 RE: Completeness Review—Clearwire Monopole Case File No. SDR2010-00002 Dear Mr.Topp, The City has received your application for Site Development Review of a 100 ft. monopole at 10250 SW North Dakota Street. Staff has determined that the following additional information is necessary before the application can be deemed complete: 1. The plans show an equipment cabinet and 6 ft. fence within the 35 ft.minimum front yard setback for the I-P zone.This will require redesigning the enclosure or application for a Type I Development Adjustment. Refer to TDC 18.370.020.B.1&2 for the extent and criteria for an adjustment.Applications and fee schedules are on the Tigard website.An adjustment application can be reviewed concurrently with the site development review. 2. Provide an addendum to your narrative to address TDC18.705.030.0 specifically by code section. A copy of the lease to go with the site plan will be sufficient. 3. Provide additional information in the addendum to your narrative to address TDC18.810.020.A specifically by code section and your statement or calculations exempting your project from public improvement requirements. Please provide 3 copies of the narrative addendum and revised plans for the setback issue or application for a Type I Development Adjustment. Should you have any questions with regard to these items,contact me at 503-718-2440. Regards, Darrel"Hap"Watkins Assistant Planner CC: SDR2010-00002 Land Use File,Pascuzzi Investment,LLC SDR2010-00002 Clearwire Monopole Completeness Letter 072010 NOTICE TO MORTGAGEE,LIENHOLDER,VENDOR OR SELLER THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE,IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER NOTICE OF PENDING RI LAND USE APPLICATION • SITE DEVELOPMENT REVIEW TIGARD DATE OF NOTICF: August 18,2010 FILE NUMBER: SITE DEVELOPMENT REVIEW(SDR) 2010-00002 (Type II Land Use Application) FILE NAME: CLEARWIRE MONOPOLE TOWER OWNER: Pasc»zzi Investment,LLC APPLICANT: ClearWire,LLC 10250 SW North Dakota St. 4400 Carillon Point Tigard,OR 97223 Kirkland,WA 98033 REQUEST: The applicant is requesting Site Development Review approval to erect a 100-foot tall monopole with antennae and dishes in a 14 ft. by 28 ft.fenced and screened compound. The monopole is designed to be collapsible in thirds in the event of a major seismic event. The facility will include an equipment cabinet to support transmission of wireless signals. Screening will be 6 ft.evergreen shrubs. LOCATION: 10250 SW North Dakota Street;Washington County Tax Map 1S135CE,Tax Lot 00200. ZONE: Industrial Park District. The I-P zoning district provides appropriate locations for combining light manufacturing, office and small-scale commercial uses, e.g., restaurants, personal services and fitness centers, in a campus-like setting. Only those light industrial uses with no off-site impacts, e.g., noise, glare, odors, vibration, are permitted in the I-P zone. In addition to mandatory site development review, design and development standards in the I-P zone have been adopted to insure that developments will be well-integrated,attractively landscaped,and pedestrian-friendly. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.390, 18.530, 18.705, 18.745, 18.765, 18.798 and 18.810. YOUR RIGHT TO PROVIDE WRITTEN COMMENTS: Prior to the City making any decision on the Application,you are hereby provided a fourteen (14) day period to submit written comments on the application to the City. THE FOURTEEN (14) DAY PERIOD ENDS AT 5:00 PM ON SEPTEMBER 1, 2010. All comments should be directed to Hap Watkins,Assistant Planner in the Planning Division at the City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223. You may reach the City of Tigard by telephone at 503.639.4171 or bye-mail to hap@tigard-or.gov. ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION MAKING PROCESS THE CITY OF TIGARD APPRECIATES RECEIVING COMMENTS AND VALUES YOUR INPUT. COMMENTS WILL BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION. A DECISION ON THIS ISSUE IS TENTATIVELY SCHEDULED FOR SEPTEMBER 13, 2010. IF YOU PROVIDE COMMENTS,YOU WILL BE MAILED A COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED. WRII'IEN COMMENTS WILL BECOME A PART OF THE PERMANENT PUBLIC RECORD AND SHALL CONTAIN THE FOLLOWING INFORMATION: . Address the specific "Applicable Review Criteria" described in the section above or any other criteria believed to be applicable to this proposal; . Raise any issues and/or concerns believed to be important with sufficient evidence to allow the City to provide a response; . Comments that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant approval criteria with sufficient specificity on that issue. Failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Specific findings directed at the relevant - approval criteria are what constitute relevant evidence. AFTER THE 14 DAY COMMENT PERIOD CLOSES,THE DIRECTOR SHALL ISSUE A TYPE II ADMINISTRATIVE DECISION. THE DIRECTOR'S DECISION SHALL BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN 500 FEET OF THE SUBJECT SITE, AND TO ANYONE ELSE WHO SUBMITTED WRIT'T'EN COMMENTS OR WHO IS OTHERWISE ENTITLED TO NOTICE. THE DIRECTOR'S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA. BASED UPON THE CRITERIA AND THE FACTS CONTAINED WITHIN THE RECORD, THE DIRECTOR SHALL APPROVE,APPROVE WITH CONDITIONS OR DENY THE REQUESTED PERMIT OR ACTION. SUMMARY OF THE DECISION-MAKING PROCESS: . The application is accepted by the City . Notice is sent to property owners of record within 500 feet of the proposed development area allowing a 14-day written comment period. . The application is reviewed by City Staff and affected agencies. . City Staff issues a written decision. . Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site; all owners of record of property located within 500 feet of the site, as shown on the most recent property tax assessment roll;any City-recognized neighborhood group whose boundaries include the site; and any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or anyone who is otherwise entitled to such notice. INFORMATION/EVIDENCE AVAILABLE FOR REVIEW: The application,written comments and supporting documents relied upon by the Director to make this decision are contained within the record and are available for public review at the City of Tigard Community Development Department. If you want to inspect the file, please call and make an appointment with either the project planner or the planning technicians. Copies of these items may be obtained at a cost of $.25 per page or the current rate charged for this service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of this Notice under the section titled "Your Right to Provide Written Comments." Z$3) VICINITY MAP � .... LiiilIig>tel ® Ns in \ D CL.EARWIRE MONOPOLE' ' TOWER 11if/ra 11,IIri� �' '1 4 - ' At mu^4120 latrig nil_ll!hL aii:P ll111 li.Iiw&'-r..:is-�_ .�> Subjeu Site n: �' �') 1o=IIIU orgla Zi: iwi DIA :::::::::::: 1111$ ygglitirtu ft- i =mar e a•1•�r�, _Milli 'J'iravt—rmul el �►�\ s c•__ != 1u�: . •..: ■ tillEZIER 0 111 IAA ,.`�)ij��� fMw 'T` ^r N .0 AFFIDAVIT OF POSTING NOTICE OF A LAND USE PROPOSAL TIGARD IMPORTANT NOTICE: THIS AFFIDAVIT MUST BE ACCOMPANIED BY A COPY OF THE NOTICE THAT WAS POSTED ON THE SITE. In the Matter of the Proposed Land Use Applications for Land Use File Nos.: SDR2010-00002 Land Use File Name: CLEARWIRE MONOPOLE TOWER I, Hap Watkins, Assistant Planner for the City of Tigard, do affirm that I posted notice of the land use proposal affecting the ]a d locate at (state the approximate location(s) IF no addressss(s/)�andd/or/ttax lot(s) currently registered) '7 h 11/ 11P �� / / nieN4 and did personally post notice of the proposed land use application(s) by means of weatherproof posting in the general vicinity of the affected territo a copy of aid notice being hereto attached and by reference made a part hereof, on the /91aayof 2010. I '7 Signature of Perso '' o Performed Posting h:\logm\patty\masters\affidavit of posting for applicant to post public heating.doc - CLEARWIRE MONOPOLE TOWER- SITE DEVELOPMENT REVIEW (SDR) 2010-00002 REQUEST: The applicant is requesting Site Development Review approval to erect a 100-foot tall monopole with antennae and dishes in a 14 ft. by 28 ft. fenced and screened compound. The monopole is designed to be collapsible in thirds in the event of a major seismic event. The facility will include an equipment cabinet to support transmission �f wireless signals. Screening will be 6 ft. evergreen shrubs. LOCATION: 10250 SW North Dakota Street; Washington County Tax Map 1S135CB, Tax Lot 00200. ZONE: Industrial Park District. The I-P zoning district provides appropriate locations for combining light manufacturing, office and small-scale commercial uses, e.g., restaurants, personal services and fitness centers, in a campus-like setting. Only those light industrial uses with no off-site impacts, e.g., noise, glare, odors, vibration, are permitted in the I-P zone. In addition to mandatory site development review, design and development standards in the I-P zone have been adopted to insure that developments will be w 11- integrated, attractively landscaped, and pedestrian-friendly. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.390, 18.530, 18.705, 18.745, 18.765, 18.798 and 18.810. Further information may be obtained from the Planning Division (staff contact: Hap Watkins, Assistant Planner) at 13125 SW Hall Blvd., Tigard, Oregon 97223, or by calling 503- 639-4171 or by email to hap @tigard-or.gov. A copy of the application and all documents and evidence submitted by or on behalf of the applicant and the applicable criteria are available for inspection at no cost and copies for all items can also be provided at a reasonable cost. NOTICE OF TYPE II DECISION rr SITE DEVELOPMENT REVIEW (SDR) 2010-00002 s CLEARWIRE MONOPOLE 120 DAYS = 12/11/2010 SECTION I. APPLICATION SUMMARY FILE NAME: CLEARWIRE MONOPOLE CASE NO.: Site Development Review(SDR) SDR2010-00002 PROPOSAL: The applicant is requesting Site Development Review approval for a monopole antenna for an unmanned wireless transmission facility in a fenced, screened enclosure approximately 14 feet by28 feet and within the 35 foot front yard setback requirement for the zone. The 100-foot tall monopole is engineered to collapse in thirds to prevent falling into the right of way in a serious seismic or wind event. The enclosure will have security gates and an equipment cabinet for the facility. APPLICANT: ClearWire,LLC OWNER Pascuzzi Investment,LLC 4400 Carillon Point 10250 SW North Dakota Street Kirkland,WA 98033 Tigard,OR 97223 LOCATION: 10250 SW North Dakota St;Washington County Tax Map 1S135CB,Tax Lot 00200. ZONE: I-P: Industrial Park District. The I-P zoning district provides appropriate locations for combining light manufacturing, office and small-scale commercial uses, e.g., restaurants, personal services and fitness centers, in a campus-like setting. Only those light industrial uses with no off-site impacts, e.g., noise, glare, odor, vibration, are permitted in the I-P zone. In addition to mandatory site development review, design and development standards in the I-P zone have been adopted to insure that developments will be well-integrated, attractively landscaped,and pedestrian-friendly. APPLICABLE REVIEW Community Development Code Chapters 18.360, 18.390, 18.530, 18.705, 18.725, 18.745, CRITERIA: 18.755, 18.765, 18.780, 18.790, 18.795, 18.798 and 18.810. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted in the full decision, available at City Hall. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. All documents and applicable criteria in the above-noted file are available for inspection at no cost or copies can be obtained for twenty-five cents (25G) per page, or the current rate charged for copies at the time of the request. SECTION III. PROCEDURE AND APPEAL INFORMATION Notice: Notice mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON SEPTEMBER 13, 2010 AND BECOMES EFFECTIVE ON SEPTEMBER 28, 2010 UNLESS AN APPEAL IS FILED. Appeal-: The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1 may appeal this decision in accordance with Section 18.390.040.G.2 of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard,Tigard,Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues,properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing,subject to any additional rules of procedure that maybe adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON SEPTEMBER 27, 2010. estrons: For urther information please contact the Planning Division Staff Planner, Dan-el "Hap" Watkins at (503) 718-2440, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. f1 &k)kI . aaemt0.0000z IIIH��g1 �411;;;IIMI. i!a11h ,- IiiX\1 II�� � _ e. subj ect site 1�_�:+fly 1 n aG/n■■MIL 111■':_ mi °� y i iii 111- 11111 : , -._ Cow X011111 .f ■: :fa /my _4 a■ l■i Y i] �a 1414'■=■- mill ' lel E Ill,b4 I rfari7,4 - .a..4.. 0 1000 OA ts-sz:w _. 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