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CUP2002-00001 CUP2002-00001 POTSO DOG PARK • •120 DAYS = NIA . CITY(*TIGARD Community KDeve(opment Shaping Better Community CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER Case Numbers: CONDITIONAL USE PERMIT (CUP) 2002-00001 Case Name: POTS() DOG PARK Name of Owner: Coe Manufacturing Company Name of Applicant: City of Tigard Attn: Duane Roberts Address of Applicant: 13125 SW Hall Boulevard, Tigard OR 97223 Address of Property: 7930 SW Hunziker Road Tax Map/Lot Nos.: Washington County Tax Assessor's Map No. 2S10100, Tax Lot 1202. A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS APPROVING A REQUEST FOR CONDITIONAL USE PERMIT APPROVAL. THE CITY OF TIGARD HEARINGS OFFICER HAS REVIEWED THE APPLICANT'S PLANS, NARRATIVE, MATERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISION'S STAFF REPORT AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE HEARINGS OFFICER HELD A PUBLIC HEARING ON APRIL 15, 2002 TO RECEIVE TESTIMONY REGARDING THIS APPLICATION. THIS DECISION HAS BEEN BASED ON THE FACTS, FINDINGS AND CONCLUSIONS CONTAINED WITHIN THIS FINAL ORDER. Request: ➢ The City of Tigard requested approval to construct a temporary off-leash area dog park on privately owned property. The site is a 3.8 acre undeveloped, open field. The fenced area of the park will occupy 1.73 acres of the property and will encircle a small isolated wetland located along SW Wall Street. Site improvements include 1,423 feet of 5-foot-high cyclone fencing, a 6-foot-wide by 20-foot-long paved path leading into the dog park from an existing paved parking area, a portable 110-gallon water tank, benches, and picnic tables located inside the fenced area. Sixteen parking spaces within an existing parking area will be designated for dog park parking. Native vegetation is also proposed to be planted around the fenced area. Zoning Designation: I-L: Light Industrial District. Applicable Review Criteria: Community Development Code Chapters 18.330, 18.390, 18.530, 18.705, 18.725 and 18.780. Action: ❑ Approval as Requested 13 Approval with Conditions ❑ Denial Notice: Notice was published in the newspaper and mailed to: © Owners of Record Within the Required Distance 13 Affected Government Agencies 13 The Affected Citizen Involvement Team Facilitator © The Applicants and Owners The adopted findings of fact and decision can be obtained from the Planning Division/Community Development Department at the City of Tigard City Hall. Final Decision: THIS DECISION IS FINAL ON APRIL 30, 2002 AND BECOMES EFFECTIVE ON MAY 15, 2002 UNLESS AN APPEAL IS FILED. Appeal: The decision of the Review Authority is final for purposes of appeal on the date that it is mailed. Any party with standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.6.2. of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the notice of the decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON MAY 14, 2002 Questions: If you have any questions, please call the City of Tigard Planning Division at (503) 639-4171. BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD,OREGON Regarding an application by the City of Tigard for a ) FINAL ORDER conditional use permit for a dog park in the I-L(Light ) Industrial)zone west of Wall Street and south of the Coe ) Mfg. Co. building at 7930 SW Hunziker Road ) CUP 2002-00001 in the City of Tigard,Oregon ) (Potso Dog Park) A. SUMMARY 1. The applicant requests approval of a conditional use permit(CUP)for a dog park on leased property in the I-L(Light Industrial) zone. The applicant proposes to improve the now largely vacant portion of the 3.8-acre Coe Manufacturing Company property with a five-foot high metal mesh fence that will enclose roughly 1.73 acres,a small paved area, benches, a small (110-gallon) water tank,four trash cans and four dispensers for plastic bags. A chip trail will be improved in a circuit within the fenced area. Another fence will separate a small portion of the fenced area near the entry from the remainder of the dog park;this area is intended for smaller dogs. The majority of the fenced area will not be restricted to any particular sized dogs. Within the confines of the fenced area,dogs will not be required to be on leashes (in contrast to the regulations elsewhere in the City). The dog park will be opened by City staff for use by the public from 4:30 PM to dusk on weekdays and from dawn to dusk on weekends and holidays. Users will be instructed to collect dog feces in the plastic bags provided for that purpose and to dispose of the collected material in trash cans on the site. The City will empty the trash cans as needed. A volunteer group now consisting of 54 people will assist with maintenance and operation of the facility. The City will post rules for use of the park at the entry. Ball Creek is about 150 feet from the fence around the dog park. No impacts on the stream are expected,and a condition of approval is recommended to require the applicant to inspect the property during storm events to verify that. The use is temporary in that Coe Manufacturing Company can terminate the lease for the property at any time. Parking for the proposed use will be provided on the adjoining paved parking lot for the Coe Manufacturing Company. Sixteen spaces are reserved for use by the dog park. Existing access points will be used. New access points or structures are not proposed. 2. A City of Tigard Hearings Officer held a duly noticed public hearing regarding the application to receive testimony and evidence. City staff recommended approval of the application based on findings and conclusions and subject to recommended conditions of approval in the Staff Report dated April 1, 2002. Five witnesses appeared in support of the application. One witness appeared against the application. The City received one written objection to the proposed. The principal issues in dispute include the following: a. Whether the use is appropriate in the I-L zone; b. Whether the proposed use will pose a hazard to traffic in the area; and c. Whether the proposed use will adversely affect Ball Creek. 3. Although a neighbor argued that the use is not appropriate,the hearings officer disagrees. The site is suitable,because the use is permitted by existing zoning, the site is large enough to accommodate the use and its parking, will be suitably improved and supervised,the use is not reasonably likely to cause traffic problems,and it is setback substantially from the stream on the site. For the reasons stated herein,the hearings officer approves the conditional use permit subject to the conditions at the end of this final order. Hearings Officer Final Order CUP 2002-00001 (Potso Dog Park) Page 1 B. HEARING AND RECORD 1. Hearings Officer Larry Epstein(the "hearings officer")received testimony at the public hearing about this application on April 15,2002. The record includes a witness list, materials in the casefile as of the close of the hearing, and an audio record of the hearing. At the beginning of the hearing, the hearings officer made the declaration required by ORS 197.763. The hearings officer disclaimed any ex parte contacts,bias or conflicts of interest. The following is a summary by the hearings officer of testimony at the hearing. 2. City planner Duane Roberts summarized the Staff Report including existing conditions on the site and proposed improvements and operating characteristics. See the "Summary" above. He noted that Tigard Community Development Code ("CDC") section 18.330 allows an outdoor recreation use in the I-L zone. A dog park is allowed as a recreational use in that zone when the dog park is temporary. He highlighted terms of the easement for the property,noting that Coe Manufacturing can terminate the lease at any time,a fact that he argued means the use is inherently temporary. He noted that the site is not subject to Clean Water Services standards,but it complies with standards of the Oregon Division of State Lands and US Army Corps of Engineers by maintaining a 150-foot buffer between the fence and Ball Creek. He disputed the objections to the proposed use contained in a letter from John Knez, Sr., arguing the use is permitted in the zone and will not pose a hazard to traffic. He also proposed two additional conditions of approval. 3. City Parks Supervisor Steve Martin and Parks Manager Dan Plaza testified in support of the proposed use. They highlighted features of the proposed use, including a double gate entry system that is intended to reduce the potential for dogs running loose between the parking lot and the enclosure. Mr. Martin noted the City will post rules for use of the park at the entry, and the City and volunteers will monitor compliance. If a person fails to comply with those rules after being given a reasonable opportunity to do so, the City will exclude the individual from the park in the future. 4. Michael Cox and Paula Walker testified as members of the City's Dog Park Committee in support of the conditional use permit. Mr. Cox provided some context for the application,describing the City's need for such facilities and their efforts to date. He reiterated that the proposed use is allowed in the zone,that it will be set back from Ball Creek so it does not adversely affect the creek, and that the proposed use will not cause odors,based on observations of other such facilities,rules for use of the park,the facilities the City will provide to collect and dispose of feces,and the availability of a large pool of volunteers to help maintain and supervise use of the park. Ms. Walker testified about her observations of traffic in the area during three days, arguing her observations show the dog park is not reasonably likely to conflict with or to cause a hazard for traffic in the area, including industrial and train traffic. She also summarized interviews by other Dog Park Committee members with people in the vicinity. She introduced a written statement and summaries of the traffic study and interviews. 5. Nancy Tanner,who owns a small dog,testified in favor of the proposed use, because it provides an area where her small dog can be unleashed without fear of conflicts with larger dogs. 6. Lamont Dunham testified as the representative for John Knez, Sr., who also submitted a letter dated April 2, 2002 opposing the proposed use. Mr. Dunham reiterated the concerns expressed in the letter from Mr.Knez; to wit,the use is not consistent with the uses permitted in the I-L zone, it will cause traffic conflicts when dogs run loose onto the street,it will cause odors and unsanitary waste and will pollute Ball Creek,and it is not an appropriate use for an industrial area. Hearings Officer Final Order CUP 2002-00001 (Potso Dog Park) Page 2 7. At the end of the public hearing,the hearings officer closed the record and announced his intention to approve the use subject to conditions recommended by the City. C. DISCUSSION 1. City staff provided basic facts about the site and vicinity in the Staff Report. They recommended the hearings officer approve the application,based on the applicable standards and responsive findings in the Staff Report and subject to conditions of approval the Staff Report as amended at the hearing to more specifically address verification of no adverse impact to the creek and of no adverse impacts with surrounding uses. The applicant accepted the findings and recommended conditions as amended without correction or objection. 2. Although Mr.,Knez raised reasonable concerns,the hearings officer is not persuaded that his objections are consistent with the law or well-founded. a. The CDC clearly allows an outdoor recreation use in the I-L zone, and an dog park clearly is a permitted outdoor recreation use when it is temporary. Although there is some question about whether the proposed use is temporary,because,in fact,there is no certain date by which the use is proposed to or must terminate based on the CDC and this final order. However the hearings officer finds the proposed use is temporary,because none of the improvements uniquely and specifically for the dog park are of an inherently permanent nature. The most substantial structural feature will be the fence,which be dismantled and removed readily without leaving any physical impediment to future use of the property for another purpose. Also the nature of the City's tenancy is as a month-to- month tenant. At any time,Coe Manufacturing may terminate the easement,and,hence,the dog park may terminate at any time. Because the use is permitted by the existing zoning,it is inherently suitable for the site,despite its nonindustrial character. b. The use will generate a relatively small volume of vehicular traffic,based on information about other similar facilities. The streets in the vicinity of the site,including Wall Street and Hunziker,operate at a high level of service and at well below their engineered capacity. Nonindustrial traffic generated by other uses is far more common. Although some heavy truck traffic uses the road,in conjunction with Knez and other businesses in the vicinity,there is no evidence that traffic is incompatible with the volume or nature of the traffic generated by the dog park. On the contrary,based on the testimony by Ms. Walker, the nearby businesses generate a relatively small number of trips when the dog park is proposed to operate, a fact confirmed by Mr.Dunham. Given that,there is no substantial evidence in the record to rebut testimony by City engineering staff that the proposed use will not cause or exacerbate traffic hazards or exceed the capacity of affected streets. The hearings officer also is persuaded that the double-fence system is reasonably likely to prevent dogs from running loose into the adjoining streets. c. Although a dog park poses a potential problem due to animal wastes on the ground,the hearings officer is persuaded the proposed dog park will not suffer from such a problem. The fenced boundaries of the park limit where dog wastes are likely to be situated. Rules that require owners to clean-up after their dogs,enforced by City staff and volunteers, and facilitated by the availability of plastic bags and trash cans,are reasonably likely to ensure solid waste from dogs will not remain in the ground for long. Liquid wastes can be absorbed by the soil without causing significant odors or water quality concerns,because of the substantial distance between the fence and the creek. There is no substantial evidence in the record that the proposed use will cause odor or water quality problems. There is substantial evidence in the record that it will not have these effects. Hearings Officer Final Order CUP 2002-00001(Potso Dog Park) Page 3 t D. CONCLUSION The hearings officer concludes the proposed conditional use permit does or can comply with the applicable criteria of the Community Development Code,provided development that occurs after this decision complies with applicable local,state,and federal laws and with conditions of approval warranted to ensure such compliance occurs. E. ORDER Based on the findings and conclusions adopted or incorporated above, the hearings officer hereby approves CUP 2002-00001 (Potso Dog Park)subject to the following conditions of approval: 1. Prior to the issuance of site and/or building permits,the applicant shall submit the following to the Planning Department(Duane Roberts,ext. 347)for review and approval: a. The applicant shall provide the City with a formal,written operation and maintenance plan dealing with the timely removal of dog feces from the park lawn area. b. The applicant shall obtain a City sign permit for any signage placed on the property. 2. Prior to final inspection by the City,the applicant shall submit proof that all site improvements have been completed in accordance with the approved plans to the Planning Department(Duane Roberts,639-4171,ext. 347). 3. After the first and fifth months of operations, and thereafter as deemed necessary by the Planning Department,the City Park Maintenance Supervisor shall solicit written and/or oral comments from the members of the Dog Park Committee and from owners of all land and businesses located along both sides of Hunziker Street regarding the operation of the dog park and mitigation of any adverse impacts on area businesses and properties. 4. During the first two months of operation and thereafter as deemed necessary by the Planning Department,the Park Maintenance Supervisor or his or her designee shall visit the dog park site during rain events to observe storm water runoff between the dog park and Ball Creek and to ensure bacteria and nutrients from the dog park do not enter Ball Creek or its associated wetlands. If the storm water is confined to a discrete flow pattern, such as rivulets,the Park Maintenance Supervisor or his or her designee shall prevent the water from flowing in such a discrete pattern or take other steps to ensure bacteria and nutrients from the dog park do not enter Ball Creek or its associated wetlands. 5. Failure to satisfy the conditions of approval within 18 months of the effective date of the hearings officer's decision shall render the hearings officer's decision void. DATED this 29th . .y of April, 2002. WA/ amill Eps ',tif: ., •P Tigard He :. Officer Hearings Officer Final Order CUP 2002-00001 (Potso Dog Park) Page 4 t#‘1 '� 1 CITY of TIGl1RD `'�� �, �•• Ill VICINITY MAP imil- ,� a e #./ • ♦ ♦ ■ • '44j CUP2UU2-0000 STREET CV% 011711111 1.4147. bm, \\-1*- -.‘\,, q{ r AY1(jR�F F.NR * ...., illIl ` f ^I �tt"s.T f.Jillitowt.,111... g •Milli .■■■■■ r iIi1• .■! lb% 0 400 111114 !00 Feet • 111 1111111 1'=504 feat 3 ........ , ... .III 4,, ��•= Jam' 1i, .^ I City of Tigard 011.,1 ■• Information on this map Is for general location only and should be verified with the Dev itloa=Services Division. • ', vimmIllne I 'Tigard,OR 97223(503)839.4171 1 ht p:Norm ci,tipard.or.us Community Development Plot date:Feb 13,2002;C:lmagic\MAGIC03.APR 1 ty- itiO* <>/le 44 v. / / 9F Fr i /41 0 .14 f/ -4k). j ` �� ` -INN* "ii' � ` Z , (../ 0 to 0<, %4 : / E .. J a. 4 0 / 1 / / ce ' / , C 0 IL- LL ` 0 ■ lki 1\1-7. I- . :21r sw Sr ,os s1 iNI\.\ '01:4k4110 ick - . f\ ' / / lb N 5,- 0 i 4►: CITY OF T I G CUP2002-0000 ARD SITE PLAN Nt WALL STREET DOG PARK (Map is not to scale) (;,a/Vao' - WOO/ Conditions of Approval — Addendum Following the first and fifth months of operation, and thereafter as appropriate, the City Park Maintenance Supervisor shall solicit written and/or oral comments from the owners of all land and businesses located along both sides of Hunziker Street regarding the operation of the dog park and the mitigation of any adverse impacts on area businesses and properties. Members of the Dog Park Committee also shall be provided the opportunity to provide comments. Periodically during the first two months of operation and thereafter as needed, the City Park Maintenance Supervisor or his designee shall visit the dog park site during rain events to determine if runoff from the site is reaching the creek. Monitoring shall include visual observation of the 150 foot buffer area to ensure that water is not confined to discrete flow patterns, such a rivulets. If observed, action shall be taken to prevent such discrete flow patterns. The intent of this condition is to prevent bacteria and nutrients reaching Ball Creek and its associated wetlands from the dog park site. I/Irpn/dr/dog park cu addendum CAD tODZ-1 Patty Lunsford - Request for Comments r Wall Street Dog Park Page 1 From: Patty Lunsford To: danab.marcia @deq.state.or.us Date: Monday,April 08, 2002 10:05:37 AM Subject: Request for Comments on Wall Street Dog Park Marcia, Per our phone conversation earlier this morning, I am attaching documents for DEQ's review in regard to the City's proposed dog park. Again, the hearing is scheduled for next Monday(4/15)and it would be greatly appreciated if someone can provide comments on the proposed project prior to the public hearing. Also, I am faxing the letter from Knez Building Materials re: concerns they have raised, as well as, a report prepared for the City by Rita Mroczek, PWS and site &vicinity maps. Please direct all comments pertaining to this proposal to the project planner, Duane Roberts at duane@ci.tigard.or.us. Thank you for your time in advance. Patricia L. Lunsford Planning Secretary, City of Tigard (503)639-4171 x320 e-mail: patty @ci.tigard.or.us CC: Duane Roberts CITY OF TIGARD COMMUNITY DEVELOPMENT DEPARTMENT A PLANNING DIVISION CITY OF TIGARD 13125 SW HALL BOULEVARD Community 1Jevetopment ShapingA Better Community TIGARD, OREGON 97223 iHl A X J p A LiI1 LR 'i1 —L-JV A I LI �_ ' , J l lAum2ez 4 Paged '066c4:49 z Sheet (,j) DATE: April 8, 2002 TO: Marcia Danab PHONE: (503) 229-5696 Oregon Dept. of Environmental Quality FAX: (503) 229-6945 NW Regional Office FROM: Patty Lunsford, Planning Secretary PHONE: (503) 639-4171 City of Tigard FAX: (503) 684-7297 Community Development Dept. 13125 SW Hall Boulevard Tigard, OR 97223 RE: Request for comments re: Wall Street Dog Park Please review and comment on as soon as possible. Thank you again for you assistance! - .-. CITY i. TIGARD 060011 ApNIC IMfOaM ATION aVeTeM � �,•• VICINITY MAP - . �� # 1.., ♦ r�NO ST CUP2002-00001 s� �� WAIL STREET DOG PARK vvel, •r - 1 �/;;1 , _ i.\ ,:5:.� 5 Fox` ,..l.:961- 9:{V u sr ` 7' " ''4'/, /:, ,,„ III Ilk „ ., Yo ' . w ff ,aF neNO , l. k ._ia t ■■S S ■ 1M ■ Tigard MM Map °° ■■ '■ N• ■■ MM. 0 400 eoo Fad R ..`■ ■ d t'•sow re ST \ l � � o III A _ 4111111111 City of Tigard Intoimition on this map Is for general location only and I I T I should be verified with the Development Services Division. G I 13125 SW MaN Blvd = Tigard,OR 67327 / 1 I- (503)630.1171. ! I I I http:/Mww.ol.tigard.or.us Community Development Plot date:Feb 13,2002;C:ImagicWIAGIC03.APR �a� 4 U 15'04 e k-dfre,/ / _z-, ir 4'4- ipsr ,\�\ ,c'41 ( t Z I / . 0 N i-,-) I ,fir �' — v. / ‘' °-tN G. / 0 IR • • 4.* if . / 7 4( ///j ) ' • , 4r!te Z Icy Q / ( / „4„,diP ce X27 • Vii / Q / 1" 1=- \ 0 <se / O, ., • 4,14,, - b \ s6`4 +i'I,1,∎ C�NN ,Q, •,.. ... A4+ ,, I 1 v �.ti,. 4)- kV, 0 0 ix • 0 CITY OF TIGARD + cuP2002-0000 i SITE PLAN N WALL STREET DOG PARK (Map is not to scale) aUe2c 00001 (ATrnmENr) RITA MROCZEK, PWS 3980 SW 170TH AVE. ALOHA, OR 97007 (503) 642-3739 Fax 642-4158 Date: April 16, 2001 Memo to:John Roy and Dwayne Roberts,City of Tigard Subject: Dog Park Sites, Wall and Tigard,Streets Wall Street (no map enclosed) - The Wall=Str?eet property is a rectangular tract off SW • Hunziker and not contiguous with,the Tigard Street property. It is a large area of �A= mowed grass with one young cottonwood (l3oulus balsamifera) in the SE corner. A stream, tributary to Fanno Creek, andn adjacent wefland can be found along the west side of the site. The boundary of thiswetland appears to be along a slope break which is marked by a distinct change in vegetation. Another area of concern was a small isolated divot along Wall St. in the SW corner of the site. A small cottonwood is growing at one end of this small indention in the ground. On the date of my site visit (April 6,2001), it had been raining for several days.previously and this particular area had saturated and gleyed soils which are ifdcators of wetlands. Due to its isolation from any waterway, the required USA buffer would be 15-25 feet, depending on the size of the watershed. Tigard Street-This large parcel can be divided into 5 parts by drawing lines north and south (see map enclosed), excluding the forested area in the far south. The westernmost piece (#1) is upland with a dense growth of native rose (Rosa sp.) in the middle of the site. A wetter area was observed at the southern boundary of the forest where the ground flattens out. (This is the area.justsouth of the New Horizons Middle School.) Parcel #2 is just south of the fill along Tigard Street with an apple (Malus sp.), quince and two madrone (Arbutus menziesii)trees near the road, and is bounded on the east by a thick stand of trees. It has occasional patches of wetland vegetation such Knez RECEIVED PLANNING BUILDING MATERIALS CO. INSULATION CONTRACTING DIVISION APR 0 2002 8185 S.W. HUNZIKER ST., STE. A TIGARD, OREGON 97223 620-6148 TO: THE CITY OF TIGARD April 2, 2002 13125 SW HALL BLVD TIORD, OREGON, OR 97223 ATTN: PLANNING & DEVELOPMENT SUBJECT: CONDITIONAL USE PERMIT 2002-00001 WALL STREET DOG PARK AS NEARBY PROPERTY OWNERS WE OBJECT TO THE PROPOSED DOG PARK ON THIS BASIS: 1 . The use is inconsistent with an Industrial zone, L-l . 2 . Additional traffic created at Wall & Hunziker will create hazardous driving conditions especially when existing Wall to Hunziker. Our company (KNEZ) has heavily loaded trucks that cannot stop on a dime. Also, note the vicinity of the Railroad tracks at this same intersection. 3 . The nuisance of odor and waste into the nearby stream will only grow over time . 4 . The city is not justified in turning high valued industrial land into a Dog Park. There are plenty of low value lands along Fanno Creek where a Dog Park makes more sense . 5 . Our proximity to this proposed Dog Park is not a plus for this industrial area. Sincerely, 1 a -. John Knez Sr. OWNER 04/08/2002 09:14 FAX 5036847297 City of Tigard a001 **tw*•**************** *** TX REPORT *** TRANSMISSION OK TX/RX NO 4563 CONNECTION TEL 5032296945 SUBADDRESS CONNECTION ID ST. TIME 04/08 09: 13 USAGE T 00'47 PGS. SENT 5 RESULT OK (ITT OF TIGARD Ato COMMUNITY DEVELOPMENT DEPARTMENT DIVISION CITY OF TIGARD 13125 SW HALL BOULEVARD Co haying tytterCo Community Shaping A 43etterC'ommuniry TIGARD, OREGON 97223 4 X cLT A / - HE ELI' r- i2cust6ren Pala, ')ociadal ever Sheet (5) DATE: April 8, 2002 TO: Marcia Danab PHONE: (503) 229-5696 Oregon Dept. of Environmental Quality FAX: (503) 229-6945 NW Regional Office FROM: Patty Lunsford, Planning Secretary PHONE: (503) 639-4171 City of Tigard FAX: (503) 684-7297 Community Development Dept. 13125 SW Hall Boulevard Tigard, OR 97223 RE: Request for comments re: Wall Street Dog Park ^' -------_+ - .. .. iI,Ies 7hnnl, vniI nrrnin fnr accictanrcl CITY OF TIGARD HEARING'S OFFICER APRIL 15, 2002 - 7:00 PM TOWN HALL TIGARD CITY HALL, 13125 SW HALL BOULEVARD TIGARD, OR 97223 Anyone wishing to speak on an agenda item must sign-in on the appropriate sign-in sheets. PUBLIC NOTICE: Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Hearings Officer meetings by noon on the Friday prior to the meeting. Please call (503) 639-4171 , Ext. 320 (voice) or (503) 684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: ➢ Qualified sign language interpreters for persons with speech or hearing impairments; and Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. To request such services, please notify the City of Tigard of your need(s) by 5:00 p.m., no less than one (1 ) week prior to the meeting date at the same phone numbers listed above so that we can make the appropriate arrangements. OVER FOR HEARING AGENDA ITEM(S) CITY OF TIGARD HEARINGS OFFICER PAGE 1 OF 3 4/15/2002 PUBLIC HEARING AGENDA CITY OF TIGARD Community Deve(opment Shaping)1 Better Community CITY OF TIGARD HEARINGS OFFICER MONDAY - APRIL 15, 2002 - 7:00 PM AGENDA 1. CALL TO ORDER 2. PUBLIC HEARING 2.1 WALL STREET DOG PARK CONDITIONAL USE PERMIT (CUP) 2002-00001 REQUEST: The City of Tigard is seeking approval to construct a temporary off-leash area dog park on privately owned property. The site is a 3.8 acre undeveloped, open field. The fenced area of the park will occupy 1.73 acres of the property and will encircle a small isolated wetland located along SW Wall Street. Site improvements include 1,423 feet of 5-foot-high cyclone fencing, a 6-foot-wide by 20-foot-long paved path leading into the dog park from an existing paved parking area, a portable 110-gallon water tank, benches, and picnic tables located inside the fenced area. Sixteen parking spaces within an existing parking area will be designated for dog park parking. Native vegetation is also proposed to be planted around the fenced area. LOCATION: 7930 SW Hunziker Road; WCTM 2S10100, 1202 (Wall Street is a private street off of SW Hunziker Road). ZONE: I-L: Light Industrial District. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.390, 18.530, 18.705, 18.725 and 18.780. 2.2 RED INK, INC. SITE DEVELOPMENT REVIEW (SDR) 2002-00001 SENSITIVE LANDS REVIEW (SLR) 2002-00001 SENSITIVE LANDS REVIEW (SLR) 2002-00003 REQUEST: The applicant is proposing to convert an existing single-family home into an office that brokers agricultural and chemical products. The site is within the Industrial Park (I-P) zoning district. Offices are permitted outright in the I-P zoning district subject to Site Development Review. The 100-year floodplain and floodway encompasses almost the entire site, and the applicant is proposing to run a water pipe through the Water Resources Overlay of Fanno Creek. LOCATION: 12220 SW Grant Street; WCTM 2S102BA, Tax Lot 1100. ZONE: I-P: Industrial Park District. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.390, 18.530, 18.705, 18.720, 18.725, 18.745, 18.755, 18.760, 18.765, 18.775, 18.780, 18.790, 18.795, 18.797 and 18.810. CITY OF TIGARD HEARING'S OFFICER PAGE 2 OF 3 4/15/2002 PUBLIC HEARING AGENDA 2.3 WESTGATE BAPTIST CHURCH EXPANSION CONDITIONAL USE PERMIT (CUP) 2001-00004 ADJUSTMENT (VAR) 2002-00002 REQUEST: The applicant is seeking Conditional Use Approval to construct a 42,000 square foot multi-purpose building on the site in two phases; reconstruct the existing athletic field; update site utilities; add more parking; and construct a 1,320 square foot addition to an existing classroom. The applicant is also seeking an Adjustment to the parking standards and have requested that the parking standards that are in place at the time of construction be imposed, as they are anticipating a change in those standards as a result of a pending application before the Tigard City Council. LOCATION: 10820 SW 130th Avenue; WCTM 1S133AD, Tax Lot 2200. ZONE: R-7: Medium-Density Residential District. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.360, 18.390, 18.510, 18.705, 18.725, 18.745, 18.755, 18.765, 18.780, 18.790, 18.795 and 18.810. 3. OTHER BUSINESS 4. ADJOURNMENT CITY OF TIGARD HEARING'S OFFICER PAGE 3 OF 3 4/1512002 PUBLIC HEARING AGENDA Agenda Item: 2.1 Hearing Date: April 15, 2002 STAFF REPORT TO THE , HEARINGS OFFICER CITY TI Y OF TIGARD Community Development FOR THE CITY OF TIGARD, OREGON Shaping A Better Community 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: POTSO DOG PARK CASE NO: Conditional Use Permit (CUP) CUP2002-00001 APPLICANT: City of Tigard OWNER: Coe Manufacturing Co. 13125 SW Hall Blvd. PO Box 520 Tigard, OR 97223 Painesville, OH 44077 PROPOSAL: Approval of a conditional use permit to construct and operate a 1.73-acre, fenced dog park on 3.8-acres of undeveloped, privately own land. LOCATION: The project is located on at 7930 SW Hunziker Road and is described as: WCTM 2S10100, Tax Lot 01202. (Wall Street is a private street connecting to SW Hunziker Road.) COMPREHENSIVE PLAN and ZONING DESIGNATION: I-L: Light Industrial District. The I-L zoning district provides appropriate locations for general industrial uses including industrial service, manufacturing and production, research and development, warehousing and freight movement, and wholesale sales activities with few, if any, nuisance characteristics, such as noise, glare, odor, and vibration. Recreational uses are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters: 18.330, 18.390, 18.530, 18.705, 18.725, 18.765, and 18.780. SECTION II. STAFF RECOMMENDATION Staff recommends that the Hearings Officer find that the proposed Conditional Use Permit will not adversely affect the health, safety and welfare of the City and meets the Approval Standards for a Conditional Use. Therefore, Staff recommends APPROVAL, subject to the following recommended Conditions of Approval: POTSO DOG PARK-CUP2002-00001 PAGE 1 OF 16 4/15/2002 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF THE SITE AND/OR BUILDING PERMITS: Submit to the Planning Department (Duane Roberts, ext. 347) for review and approval: 1. The applicant shall provide the City with a written day to day, operation and maintenance plan dealing with the timely removal of dog feces from the park lawn area. 2. The applicant shall obtain a City sign permit for any signage placed on the property. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO A FINAL BUILDING INSPECTION: Submit to the Planning Department (Duane Roberts, 639-4171, ext. 347) for review and approval: 3. All site improvements must be made in accordance with the approved plans. FAILURE TO SATISFY THE CONDITIONS OF APPROVAL WITHIN 18 MONTHS OF THE EFFECTIVE DATE OF THE HEARINGS OFFICER'S DECISION SHALL RENDER THE HEARINGS OFFICER'S DECISION VOID. SECTION III. BACKGROUND INFORMATION Site History: The site is a 3.8-acre grassy field, located between two developed portions of land owned by Coe Manufacturing Company. One developed portion of the Coe property is located between Hunziker and Wall Streets and includes the original office and plant. These facilities were constructed in 1958. The plant consists of individual bays. Additional bays were added in the early 1960's and in 1989. The other developed portion of the Coe property is located along the northern end of Wall Street and includes two large industrial buildings. Each was constructed in or around 1959. A 36" sanitary sewer is located within the floodplain of Ball Creek, which extends along the western edge of the property. The private Wall Street borders the eastern edge of the dog park site and connects the two discontiguous portions of the Coe manufacturing operations. Overhead power lines extend along the west side of the street, 10 feet from the pavement edge. An underground water line is located between the pavement edge and line of power poles. Vicinity Information: The site is surrounded on three sides by property zoned and developed I-P. A 24-acre undeveloped property, also zoned I-P, is located to the east of the project site. Bordering the western edge of the site and covering approximately 3-acres is a rock crushing operation. A segment of Ball Creek with associated wetlands flows along the western edge of the site. Site Information and Proposal Description: The proposed project is the construction of a City of Tigard fenced off-leash area or dog park as a temporary use on private property designated for industrial use. This site is a square- shaped, 3.8-acre open field located along Wall Street near Hunziker Street. The land slopes from east to west, from 159' to 144' elevation. The fenced area of the park will occupy 1.73 acres of the property. The easternmost portion of the fenced area will be located parallel to and 150 feet away from Ball Creek, which flows along the eastern edge of the parcel boundary. The fencing will encircle and protect a small isolated wetland located along Wall Street. Three deciduous trees are located with the wetland area. No grading or alteration of topographic contours is proposed. No public improvements are proposed. The project will not intrude into a floodplain, wetland, drainageway, or required vegetated corridor area. All existing trees will be preserved. POTS()DOG PARK-CUP2002-00001 PAGE 2 OF 16 4/15/2002 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Site improvements include 1,423 feet of 5-foot high cyclone fencing and a 6' wide by 10' long paved path leading to the dog park entrance from an existing paved parking area. Inside the entrance, an "L" shaped paved area 25' x 10' is proposed. The paved area is design to provide handicapped access and to prevent dusty and muddy conditions in a high use area. A 110-gallon water tank, benches, and picnic tables will be placed inside the fenced area. Sixteen spaces along the edge of an existing parking area bordering the park will be designated for dog park parking. Wheel stops will be placed along the paved parking area boundary. Landscaping improvements around the fenced area, consisting of 1" caliper native Cedar, Scholars Willows, and Ash, will be planted in natural-looking groups around the outside perimeter of the fenced area. The hours of operation will be from 4:30 PM to dusk on weekdays, and from dawn to dust on holidays and weekends. The park will be operated and maintained by the City of Tigard as a public recreation facility. A two-sided sign, which will include a list of rules for park users and space for dog-related event announcements, is proposed. Scoops and bags will be available at four stations for dog owner use. Four trash cans will be available for the disposal of the used dog waste bags. Volunteers will provide daily, on-going maintenance. City park crews will provide weekly maintenance, including mowing, trash barrel pick-up, water tank fill-up and other needed service work. A formal maintenance plan is being developed. SECTION IV. DECISION MAKING PROCEDURES, PERMITS AND USE Use Classification: Section 18.130.030 Lists the Use Categories. The applicant is proposing to build an outdoor, fenced dog park for public use on land zoned for industrial development. Community Recreation is permitted by Conditional Use in the I-L zone. Summary Land Use Permits: Chapter 18.310 Defines the decision-making type to which the land-use application is assigned. The proposed use (Community Recreation) is a Conditional Use permit which is a Type III Hearing Officer decision. SECTION V. SUMMARY OF APPLICABLE CRITERIA A summary of the applicable criteria in this case in the Chapter order in which they are addressed in this report are as follows: A. Specific Conditional Use Criteria General Approval Criteria) Additional Conditions of Approval) B. Applicable Development Code Standards 18.330 Community Recreation and Parks) 18.705 Access/Egress/Circulation) 18.725 Environmental Performance Standards) 18.755 Mixed Solid Waste/Recycling Storage) 18.765 Off-Street Parking & Loading Requirements) 18.780. 30 (Zoning District Regulation) C. Additional Site Development Review Approval Standards E. Impact Study (18.390) SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS POTSO DOG PARK-CUP2002-00001 PAGE 3 OF 16 4/15/2002 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER A. SPECIFIC CONDITIONAL USE APPROVAL CRITERIA Section 18.330.010.A states that the purpose of this chapter is to provide standards and procedures under which a conditional use may be permitted, enlarged or altered if the site is appropriate and if other appropriate conditions of approval can be met. There are certain uses which due to the nature of the impacts on surrounding land uses and public facilities require a case-by-case review and analysis. Section 18.330.020.A states that a request for approval for a new conditional use shall be processed as a Type Ill-HO procedure, as regulated by Chapter 18.390.050, using approval criteria contained in Section 18.330.030A and subject to other requirements in Chapter 18.330. General Approval Criteria for a Conditional Use: Section 18.330.030: The site size and dimensions provide adequate area for the needs of the proposed use; The existing site size is 3.8 acres, of which 1.73 acres will be used for the proposed park. This report evaluates the proposal and necessary setbacks, landscaping, etc., and as conditioned, the site size is adequate for the needs of the proposed expansion. The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and natural features; The parking lot is accessory to the Coe Manufacturing operation and is being considered as such within the CUP matrix. This proposal is for a 1.73-acre fenced dog park, located between developed portions of the industrial property. The site is a relatively flat, grassy field and the applicant proposes to maintain the existing contours and ground cover. A group of three existing deciduous trees is located on the site. A small, less than 114th acre, wetland is located around the tree. The site design preserves both the tree and wetland. Ball Creek flows along the western edge of the site. A 150' setback is maintained between the creek and fenced area. The site appears suitable for the proposed development. All required public facilities have adequate capacity to serve the proposal; and The only public facility involved in the proposal, Hunziker Street, has adequate capacity to serve the site, as discussed elsewhere in this report. The applicable requirements of the zoning district are met except as modified by this chapter. The dimensional standards in the I-L zone are specified in 18.530.040. The setback of the fenced area from Wall Street is 12 feet. According to Table 18.530.2[3] "no (side yard) setback shall be required (in the I-L district) except 50 feet shall be required where the zone abuts a residential zoning district." The land along Wall Street opposite the dog park is zoned I-L. As such, the 50-foot requirement does not apply. The setback of the dog park from the other side yard exceeds 150 feet. According to Section 18.530.2(3), the required front and rear yard setbacks are each 0/50 feet. The respective rear and side yard setbacks of the proposed dog park are 50 and 250 feet. Accordingly, the applicant's plans show that the dimensional standards for the base zone and Conditional Use standards are met. The requirements for accessory parking facilities are specified in the Conditional Use Standards of Section 18.330.050B.5. The parking standards that apply to the site are discussed below under section C. ADDITIONAL CONDITIONAL USE APPROVAL CRITERIA. The supplementary requirements set forth in other chapters of this Code including but not limited to Chapter 18.780, Signs, and Chapter 18.360, Site Development Review, if applicable, are met or can be conditioned to be satisfied. POTS()DOG PARK-CUP2002-00001 PAGE 4 OF 16 4/15/2002 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER The applicable review criteria in this case include the following chapters of the Community Development Code: 18.330, (Conditional Use) (Community Recreation and Parks); 18.390, (Decision-Making Procedures); 18.705, (Access/Egress/Circulation); 18.725, (Environmental Performance Standards); 18.765, (Off-Street Parking & Loading Requirements); and 18.780, (Signs). The development standards and requirements of these chapters are addressed further in this report. The proposal contains no elements related to the provisions of the following chapters: 18.360, (Site Development Review; 18.720, (Design Compatibility Standards); 18.740, (Historic Overlay); 18.742, (Home ccupations); 18.745, (Landscaping and Screening Standards); 18.750, (Manufactured/Mobile Home Regulations); 18.755, (Mixed Solid Waste and Recyclables Storage); 18.760, (Non-conforming Situations); 18.775, (Sensitive Lands); 18.785, (Temporary Uses); 18.790, (Tree Removal); 18.795, Visual Clearance Areas); 18.797, Water Resources Overlay District); 18.798, (Wireless Communications Facilities); and 18.810, Street and Utility Improvement Standards). These chapters are, therefore, found to be inapplicable as approval standards. The use will comply with the applicable policies of the Comprehensive Plan. The Comprehensive Plan is implemented by the Community Development Code. Compliance with Comprehensive Plan policies are, therefore, assured by satisfaction of the applicable development standards of the development code as addressed within this report. FINDING: Based on the analysis above, the General Approval Criteria for a Conditional Use are satisfied. Additional Conditions of Approval for Conditional Use. Section 18.330.030.B states that the Hearings Authority may impose conditions on the approval of a conditional use, which are found necessary to ensure the use is compatible with other uses in the vicinity, and that the impact of the proposed use on the surrounding uses and public facilities is minimized. These conditions may include, but are not limited to the following: Limiting the hours, days, place and/or manner of operation; The applicant has indicated that the hours of operation will be from 4:30 PM to dusk on weekdays , and from dawn to dust on holidays and weekends. No additional limits to the hours, days, or manner of operation should be necessary. Requiring design features which minimize environmental impacts such as noise, vibration, air pollution, glare, odor and/or dust; There are hazards related to noise, odor, soil contamination, and runoff, which, when operable, could create impacts directly related to the environment. The applicant has proposed to mitigate these impacts by retaining the existing ground cover, by providing a 150 foot buffer between Ball Creek and the fenced area, by developing park rules and a maintenance plan for the site, and by maintaining a minimum 1,000 foot separation between residential areas and the site. Requiring additional setback areas, lot area, and/or lot depth or width; The existing buffer requirements, as discussed further in this report, are adequate. Limiting the building height, size or lot coverage, and/or location on the site; Based on the plans submitted, no structures are proposed for the site. Designating the size, number, location and/or design of vehicle access points; There is one 30-foot access into the site off of Hunziker Street. This access is the existing Wall Street, a private street. POTSO DOG PARK-CUP2002-00001 PAGE 5 OF 16 4/15/2002 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Requiring street right-of-way to be dedicated and street(s) to be improved; Hunziker is a major collector. The standard width for this classification street is 44 feet. The existing width is 36 feet. According to the Engineering Department, as presently designed, Hunziker Street has adequate width and capacity to serve the proposed development. Requiring landscaping, screening, drainage and/or surfacing of parking and loading areas; As discussed in detail below, landscaping, screening, drainage requirements do not apply to the proposal as designed_ Parking requirements are met through a parking agreement with the owner of the existing parking area bordering the proposed dog park. Limiting the number, size, location, height and/or lighting of signs; The applicant has proposed one (1) ground sign for the facility. Compliance with the sign requirements for the underlying zone will be considered once a design is reviewed. The applicant will be required to indicate the location and type of sign proposed for this site prior to building permit issuance. Limiting or setting standards for the location and/or intensity of outdoor lighting; Outdoor lighting is not included in the proposal. Requiring berms, screening or landscaping and the establishment of standards for their installation and maintenance; As discussed further in this discussion, although not required by the code, the applicant has proposed to plant native trees around the outside perimeter of the fenced area. Requiring and designating the size, height, location and/or materials for fences; The proposed fencing, cyclone metal, is comparable to the fencing on the surrounding properties. Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas and/or drainage areas; No disturbance to the existing site, other than fencing and the paved walkway and entrance area, is proposed. Requiring the dedication of sufficient open land area for a greenway adjoining and within the floodplain when land form alterations and development are allowed within the 100-year floodplain; and No land form alteration or development are proposed. Requiring the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. The park master plan does not identify a proposed pedestrian/bicycle path along Ball Creek. 18.330 Conditional Use. Table 530.1 and footnote 10: Outdoor Recreation is allowed as Conditional Use in the I-L zoning district on land located outside the floodplain as show on City flood maps, when the Recreation Use is temporary and does not otherwise preclude allowed uses or Conditional Uses other than Recreation within the district. POTS()DOG PARK-CUP2002-00001 PAGE 6 OF 16 4/15/2002 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER The present proposal meets this condition, because the land in question is privately owned and the proposed use is allowed under a revocable easement agreement. The land currently is designated for the future expansion of the existing industrial operation, the manufacture of plywood manufacturing equipment. Under the terms of the signed lease, the owner has the right to terminate the agreement for any reason, including the need to use the land to expand the existing industrial operation, by providing 90 days written notice to the City 18.330.050B.5 Community Recreation and Parks: a. All building setbacks shall be a minimum or 30 feet from any property line; b. There are no off-street parking requirements, except that five automobile parking spaces are required for a dog park or off-leash area with a fenced area of one acre or more, along with an approved parking plan for anticipated peak use periods. Off-site peak use or overspill parking shall required a signed agreement with the landowner providing the additional parking. The present proposal meets the described setback and parking requirements, because the proposal does not include the construction of any structures on the site and because the easement agreement for the use of the land includes a provision (Easement Agreement 1. Grant of Easement, Use and Restrictions) designating 16 paved parking spaces for dog park parking. As indicated in subsection "b", the code imposes a 5 parking space requirement for a dog park with a fenced area of one acre or more. The code also requires an approved plan for peak use periods, but does specify the number of additional spaces required. The dog park easement agreement provides triple the number of required parking spaces, plus one additional space. Since the number of spaces provided exceeds the required number and the overspill standard is not quantified, the 16 paved spaces are presumed to meet the required and overspill parking standards. B. APPLICABLE DEVELOPMENT CODE STANDARDS Access, Egress and Circulation, Chapter 18.705: Walkways: On-site pedestrian walkways shall comply with the following standards: Walkways shall extend from the ground floor entrances or from the ground floor landing of stairs, ramps, or elevators of all commercial, institutional, and industrial uses, to the streets which provide the required access and egress. Walkways shall provide convenient connections between buildings in multi-building commercial, institutional, and industrial complexes. Unless impractical, walkways shall be constructed between new and existing developments and neighboring developments; The applicant is proposing a paved pathway leading from the parking area to the dog park entrance. Since the dog park is not related to, or an expansion of, the buildings on the existing industrial use, there is not requirement for sidewalk improvements to Wall Street. This project (dog park) does not abut a public street. Wall Street is a private street without a sidewalk. This criterion has been satisfied. Wherever required walkways cross vehicle access driveways or parking lots, such crossings shall be designed and located for pedestrian safety . Required walkways shall be physically separated from motor vehicle traffic and parking by either a minimum 6-inch vertical separation (curbed) or a minimum 3-foot horizontal separation, except that pedestrian crossings of traffic aisles are permitted for distances no greater than 36 feet if appropriate landscaping, pavement markings, or contrasting pavement materials are used. Walkways shall be a minimum of four feet in width, exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle racks, and sign posts, and shall be in compliance with ADA standards; and Does not apply to the proposed project. The walkway does not cross an access driveway or parking lot. POTS()DOG PARK-CUP2002-00001 PAGE 7 OF 16 4/15/2002 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Required walkways shall be paved with hard surfaced materials such as concrete, asphalt, stone, brick, etc. Walkways may be required to be lighted and/or signed as needed for safety purposes. Soft-surfaced public use pathways may be provided only if such pathways are provided in addition to required pathways. The walkway between the parking area and park entrance will be constructed to City of Tigard Standards. This criterion has been addressed. Landscaping and Screening — Chapter 18.745: Street trees: Section 18.745.040 states that all development projects fronting on a public street shall be required to plant street trees in accordance with Section 18.745.040.0 Section 18.745.040.0 required that street trees be spaced between 20 and 40 feet apart depending on the size classification of the tree at maturity (small, medium or large). The project under discussion does not front a public street. Land Use Buffering and Screening: Buffering and Screening is required between different types of land uses. The proposed park is located within an industrial zone. The surrounding land uses are also industrial. As such, the project is not subject to the screening standards of TDC Section 18.745.050(E)(1), and the buffering requirements of Table 18.745.1. Screening - Special Provisions: Section 18.745.050.E requires the screening of parking and loading areas. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. Planting materials to be installed should achieve a relative balance between low lying and vertical shrubbery and trees. Trees shall be planted in landscaped islands in all parking areas, and shall be equally distributed on the basis of one (1) tree for each seven (7) parking spaces in order to provide a canopy effect. The minimum dimension on the landscape islands shall be three (3) feet wide and the landscaping shall be protected from vehicular damage by some form of wheel guard or curb. Parking for the proposed project will be provided by the designation of sixteen parking spaces for dog park use within an existing parking lot. The existing lot is not subject to the screening provision. Off-Street Parking and Loading (18.765): Disabled-Accessible Parking: All parking areas shall be provided with the required number of parking spaces for disabled persons as specified by the State of Oregon Uniform Building Code and federal standards. Such parking spaces shall be sized, signed and marked as required by these regulations. The parking area will include two spaces for ADA accessible parking that will meet the requirements of the 16-space parking area. This criterion has been met. Access Drives: With regard to access to public streets from off-street parking: access drives from the street to off-street parking or loading areas shall be designed and constructed to facilitate the flow of traffic and provide maximum safety for pedestrian and vehicular traffic on the site; the number and size of access drives shall be in accordance with the requirements of Chapter, 18.705, Access, Egress and Circulation; access drives shall be clearly and permanently marked and defined through use of rails, fences, walls or other barriers or markers on frontage not occupied by service drives; access drives shall have a minimum vision clearance in accordance with Chapter 18.795, Visual Clearance; access drives shall be improved with an asphalt or concrete surface; and excluding single-family and duplex residences, except as provided by Subsection 18.810.030.P, groups of two or more parking spaces shall be served by a POTS()DOG PARK-CUP2002-00001 PAGE 8 OF 16 4/15/2002 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER service drive so that no backing movements or other maneuvering within a street or other public right-of-way will be required. Access to a public street will be via an existing private street. The access to the public street from the private Wall Street meets access drive requirements relative to width and visual clearance. Parking Lot Striping: Except for single-family and duplex residences, any area intended to be used to meet the off-street parking requirements as contained in this Chapter shall have all parking spaces clearly marked; and all interior drives and access aisles shall be clearly marked and signed to show direction of flow and maintain vehicular and pedestrian safety. The portion of the existing parking area to be used for dog park parking is already stripped. It will be marked and signed to indicate the spaces are reserved for dog park parking. This criterion has been met. Wheel Stops: Parking spaces along the boundaries of a parking lot or adjacent to interior landscaped areas or sidewalks shall be provided with a wheel stop at least four inches high located three feet back from the front of the parking stall. The front three feet of the parking stall may be concrete, asphalt or low lying landscape material that does not exceed the height of the wheel stop. This area cannot be calculated to meet landscaping or sidewalk requirements. The applicant indicated within the narrative that wheel stops will be provided along the boundary of the parking area serving the dog park. This criterion has been met. Minimum Bicycle Parking Requirements: The total number of required bicycle parking spaces for each use is specified in Table 18.765.2 in Section 18.765.070.H. Community Recreation requires 3 spaces/1,000 square feet of building space. There is no building space in this project. This criterion has been met. Minimum Off-Street Parking: Section 18.765.070.H states that the minimum and maximum parking shall be as required in Table 18.765.2. The minimum off-street parking requirement was addressed previously under special conditions. Tree Removal — Chapter 18.790 Section 18.790.030 requires that a tree plan for the planting, removal and protection of trees prepared by a certified arborist be provided for a conditional use application. The tree plan shall include identification of all existing trees, Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper, identification of which trees 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. The site is a grassy field. The three existing trees located within the area of the proposed site improvements will be preserved. Since no work is proposed to occur within 25 feet of the trees, and this work will include fence installation only, no special protection plan is proposed. Visual Clearance Areas — Chapter 18.795: Section 18.795.020.A. states that the provisions of this chapter shall apply to all development including the construction of new structures, the remodeling of existing structures and to a change of use which increases the on-site parking or loading requirements or which changes the access requirements. POTS()DOG PARK-CUP2002-00001 PAGE 9 OF 16 4/15/2002 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Section 18.795.030.B. states that a clear vision area shall contain no vehicle, hedge, planting, fence, wall structure or temporary or permanent obstruction (except for an occasional utility pole or tree), exceeding three feet in height, measured from the top of the curb, or where no curb exists, from the street center line grade, except that trees exceeding this height may be located in this area, provided all branches below eight feet are removed. There are no proposed structures inside of the vision clearance area, therefore, this standard is satisfied. C. ADDITIONAL CONDITIONAL USE REVIEW APPROVAL CRITERIA 18.725 Environmental Performance Standards: No federal and state environment laws apply to the proposed activity, except 18.725.030.A: Odors and 18.725.030: Noise. Vacant land brackets the project on two sides. Daily and weekly maintenance is designed to prevent odors, if any, from becoming a nuisance for the existing on-site industrial use or for future development on the vacant property located opposite the dog park along Wall Street. The noise from the nearby rock crushing and manufacturing operations should mitigate the noise (barking dogs) of the dog park. Notwithstanding this, the municipal code governs noise levels. 18.755 Mixed Solid Waste/Recycling Storage: The proposed use does not involve mixed solid waste or recyclable materials. A minimum of three trash receptacles with metal lids will be placed inside the fenced area for the disposal of dog waste. The receptacles will be emptied once per week. A minimum of four plastic bag and scopes dispensers will be placed inside the fenced area. Sensitive Lands Chapter, 18.775. 18.120.030.A.59 Drainageway — Undeveloped land inundated during a 25-year storm with a peak flow of at least five cubic feet per second and conveyed, at least in part, by identifiable channels that either drain to the Tualatin River directly or after flowing through other drainage ways, channels, or creek or floodplain." The proposed use is not located within the floodplain and does not disturb a wetland area. The depressed area located west of the swale, as shown on topographic maps, does not meet the definition of a drainageway, as quoted below. This is because, according to the Engineering Department, the peak flow or overflow from the swale during a storm event is too small to calculate. According to the attached report by Rita Mroczek, PWS, dated April 16, 2001, an approximately 2,500 square foot swale located along Wall Street is an isolated wetland. The wetland is not identified on the City's inventory of significant wetlands. State and federal regulations do not apply to the present proposal because the site plan avoids the wetland area by separating it from the off-leash area by a perimeter fence. 18.780.130. Zoning District Regulations F. In Industrial Zones The I-P zone allows for one free-standing sign of 70 square feet per face. One sign of less that 70 square feet will be placed on the site. 18.797 Water Resources Overlay District: This chapter does not apply to the present proposal because the wetland located near the dog park fenced area is not included on the "Tigard Wetlands and Riparian Corridors Map" of significant wetlands. According to Section 18.797.030.A, "The WR overlay applies to all significant wetlands and streams that appear on the Tigard Wetlands and Stream Corridors Map". POTS()DOG PARK-CUP2002-00001 PAGE 10 OF 16 4/15/2002 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER A. CWS Stormwater Connection permit. All proposed "development", must obtain a Stormwater Connection Permit from the Clean Water Services (CWS) pursuant to CWS " Design and Construction Standards" as adopted 2/7/00. As used in this chapter, the meaning of the word "development" shall be as defined in CWS's "Design and Construction Standards" Section 1.02.15: "all human-induced changes to improved or unimproved real property including: construction of structures requiring a building permit, if such structures are external to existing structures; land division; drilling; site alterations resulting from surface mining or dredging, grading; construction of earthen berms; paving; excavation; and clearing when it results in the removal of trees or vegetation which would require a permit from the local jurisdiction or an Oregon Department of Forestry tree removal permit. The following activities are not included in the definition of development: farming activities when conducted in accordance with accepted farming practices as defined in ORS 30.930 and under a Senate Bill 1010 water quality management plan; construction, reconstruction, or modification of a single family residence on an existing lot of record subject to ORS 92.040(2); and any development activity for which land use approvals have been issued pursuant to a land use application submitted to a land use authority on or before 02/04/2000 and deemed complete by the land use authority on or before 03/15/00. The CWS stormwater connection permit, which applies to all "development" within the territory of the City under the City of Tigard's agreement with Clean Water Services, does not apply in this case, because the proposed project does not meet the CWS's definition of development, quoted above. No land division, or activity requiring a building or fill permit, or clearing of a required vegetated corridor as part of the project is proposed. As verification, a Sensitive Area Pre-Screening Site Assessment has been issued for the project indicating that "the proposed activity does not meet the definition of development. No site assessment or service provider letter is required." 18.360 Site Development Review Per 18.360.020.A., this section does not apply to any proposed development that has a valid conditional use approval. This present application is seeking a conditional use approval through the conditional use permit application process. Section 18.360.090(A)(2) through 18.360.090(A)(15) provides additional Site Development Review approval standards not necessarily covered by the provisions of the previously listed sections. These additional standards are addressed immediately below with the following exceptions: The proposal contains no elements related to the provisions of the following and are, therefore, found to be inapplicable as approval standards: 18.360.090.3 (Exterior Elevations);); 18.360.090.5 (Privacy and Noise: Multi-family or Group Living Uses); 18.360.090.6 (Private Outdoor Areas: Multi-family Use); 18.360.090.7 (Shared Outdoor Recreation Areas: Multi-family Use); 18.360.090.8 (100-year floodplain) and 18.360.090.9 (Demarcation of Spaces). The following sections were discussed previously in this decision and, therefore, will not be addressed in this section: 18.360.090.4 (Buffering, Screening and Compatibility Between Adjoining Uses; 18.360.090.13 Parking); 18.360.090.14 (Landscaping); 18.360.090.15 (Drainage); and 18.360.090.14 (Provision for the Disabled); 18.360.090.15 (Provisions of the underlying zone). 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. POTS()DOG PARK-CUP2002-00001 PAGE 11 OF 16 4/15/2002 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER No buildings or structures are proposed as part of the development. Crime Prevention and Safety: • Windows shall be located so that areas vulnerable to crime can be surveyed by the occupants; • Interior laundry and service areas shall be located in a way that they can be observed by others; • Mail boxes shall be located in lighted areas having vehicular or pedestrian traffic; • The exterior lighting levels shall be selected and the angles shall be oriented towards areas vulnerable to crime; and • Light fixtures shall be provided in areas having heavy pedestrian or vehicular traffic and in potentially dangerous areas such as parking lots, stairs, ramps and abrupt grade changes. Fixtures shall be placed at a height so that light patterns overlap at a height of seven feet, which is sufficient to illuminate a person. The City of Tigard Police Department has reviewed this project and has not indicated any objections to the proposal. Staff, therefore, interprets that the plan addresses crime prevention concerns. Public Transit: Provisions within the plan shall be included for providing for transit if the development proposal is adjacent to existing or proposed transit route; the requirements for transit facilities shall be based on: the location of other transit facilities in the area; and the size and type of the proposal. The following facilities may be required after City and Tri-Met review: bus stop shelters; turnouts for buses; and connecting paths to the shelters. A bus shelter is located within one-fourth mile of the proposed site. The small size and nature of the proposed dog park does not justify the imposition of requirements for transit facilities. D. STREET AND UTILITY IMPROVEMENTS STANDARDS - CHAPTER 18.810: Chapter 18.810 provides construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: Streets: Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as a portion rtion of an existing street shall be dedicated and improved in accordance with the Minimum Rights-of-Way and Street Widths: Section 18.810.030(E) requires a local residential street to have a 50-foot right-of-way width and a 32-foot paved section. Other improvements required may include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. The project abuts Wall Street, which is private street. No local residential street are proposed. Therefore, the requirements of this section do not apply to the proposed development. According to the City Development Review Engineer, this section does not apply to the proposal. POTS()DOG PARK-CUP2002-00001 PAGE 12 OF 16 4/15/2002 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets. The proposed dog park is served by the private Wall Street. Wall Street connects with Hunziker Street, which is classified as a collector street. In terms of traffic volumes, it seems logical to assume that the impact of the proposed project on Hunziker will be nominal in terms of the current (6-7,000) Average Daily Traffic volume on Hunziker and would not justify the imposition of a requirement that a sidewalk be provided. However, no formal traffic impact study has been conducted. A survey of other area dog parks, indicates a range of traffic volumes associated with the park. These are all open longer hours than the dog park under discussion, which is proposed to open at 4:30 PM on weekdays and all day on weekends. Sanitary Sewers: Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. Over-sizing: Section 18.810.090.0 states that proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. This project does not require a connection to the public sanitary sewer system. Therefore, the criterion does not apply. Storm Drainage: General Provisions: Section 18.810.100.A states requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). The topography of this site slopes to the west. No upstream flows will affect this development. Clean Water Services rules do not require a drainage facility based on the proposed use and site design. A letter from Clean Water Services addressing the application of agency rules to this proposal is included in the agency comments section below. Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). No impervious surface, other than post holes and a five by twenty foot pathway, is proposed. As such, no additional run-off should result from this proposal. POTSO DOG PARK-CUP2002-00001 PAGE 13 OF 16 4/15/2002 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Bikeways and Pedestrian Pathways: Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed bikeways identified on the City's adopted pedestrian/bikeway plan shall include provisions for the future extension of such bikeways through the dedication of easements or right-of-way. This site is not located near any proposed bikeways or pedestrian pathways. This criterion does not apply to this project. Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: • The developer shall make all necessary arrangements with the serving utility to provide the underground services; • The City reserves the right to approve location of all surface mounted facilities; • All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and • Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a developer shall pay a fee in-lieu of under-grounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under-grounding the utilities outweighs the benefit of under- grounding in conjunction with the development. The determination shall be on a case- by-case basis. The most common, but not the only, such situation is a short frontage development for which under-grounding would result in the placement of additional poles, rather than the removal of above-ground utilities facilities. An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay a fee in- lieu of under-grounding. No utility lines of any kind are associated with the project. Therefore, this section does not apply. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Public Water System: No additional public water line work is necessary to serve this project. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 00-7) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. Clean Water Services regulations do not require the construction of on-site water quality facilities relative to the proposed outdoor recreational use. Grading and Erosion Control: POTSO DOG PARK-CUP2002-00001 PAGE 14 OF 16 4/15/2002 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER CWS Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per CWS regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES) erosion control permit be issued for any development that will disturb five or more acres of land. Since this site is over five acres, the developer will be required to obtain an NPDES permit from the City prior to construction. This permit will be issued along with the site and/or building permit. No grading or land form alteration is proposed. E. IMPACT STUDY: Section 18.390.040.B.2.e 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 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 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. The project is not connected to the public storm drainage system. Runoff from the project site will be sheet flow downhill to Ball Creek. At its closest point, the dog park is 150 feet away from the creek. No sanitary sewer facilities will be provided at the project site. Therefore, the project will have no impact on the public sanitary sewer system. Water for dog use will be provided by a portable, livestock-type storage tank. No drinking fountain or water faucet connected to the public water system will be provided. Therefore, the proposed project will have no impact on the public water system. As addressed above, the traffic generated by the dog park, because of the limited hours of operation, will have a minimal Impact on the average daily traffic counts currently associated with Hunziker Street. SECTION VII. OTHER STAFF COMMENTS The City of Tigard Engineering Department was sent this proposal for review and the comments have been incorporated into this report. The City of Tigard Operations Urban Forester has reviewed this application and offered no comments or objections. City of Tigard Property Manager has reviewed this application and offered no comments or objections. City of Tigard Police Department has reviewed this application and offered no comments or objections. Long Range Planning Division has reviewed this application, but offered no comments. SECTION VIII. AGENCY COMMENTS Clean Water Services has reviewed the proposal and offered the following comments: The District has no objection to the proposed use of the property. "Special concern should be given to ensure fecal coliform laden surface water does not reach the creek." POTS()DOG PARK-CUP2002-00001 PAGE 15 OF 16 4/15/2002 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Washington County has reviewed the proposal and has no objections. Tigard Dog Park Committee has reviewed the proposal and has offered the following comments: The Tigard Dog Park Committee supports the granting of a conditional use permit for an off- leash dog park at the Coe site on Wall Street. Currently, the City of Tigard has no permanent locations where dog owners can exercise their pets off-leash. Dog owners who allow their pets off-leash in the City's current parks face large fines. To remedy this situation, Tigard's city parks master plan identifies the need for three off-leash dog parks. The Tigard Dog Park Committee has reviewed numerous sites for off-leash dog parks and has found the Coe site preferential. This site offers a large tract of land (approx. 1.73 acres) that is conveniently located for a large portion of Tigard's residents. The committee also anticipates the creation of the off-leash park at the Coe site will decrease illegal, off-leash dog park activities that currently take place at City parks. Accordingly, the Tigard Dog Park Committee urges the granting of the conditional use permit for an off-leash dog park at the Coe site on Wall Street. April 1 , 2002 PREPARED BY: Duane oberts DATE Ass late Planner 6.0„ e (" April 1, 2002 APPROVED': Richard Be - sdorff DATE Planning Manager I/Irpn/dr/dog park cup report.doc POTSO DOG PARK—CUP2002-00001 PAGE 16 OF 16 4/15/2002 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER CITY of TIGAf2(J ._• � pl Opa AfNIC INf Oa MATIpa aV3TlM ^ir IIIIII4 Ai* `�:!-- v, IIWILICIi1NITY MAP fir/ #A,_ ♦ B�!r�r _ i ifinamisr ENO � CU P2002 00001 ?fit� F� r s� �� ^� �Sr WAIL STREET , ��� DOG PARK ■ ■ 1 \■ \\, crayaf T l.j.T,rF ) 4 % N., � � IlL ■■ ■....■ Tigard Nu Map 111111 ■ •II1 0 400 600 Feat • FIR ST • iiiiiiimme t^.504 foal ■ N 44. ^ 1 II,■,I City of Tigard ` ■- Information on this map is for general location only and e7: should be verified with tha Devalopmant Service Division. ■ I 13125 SW Hall Blvd �,,, Tigard,OR 97223 (503)639-4171 / / 1 http:/fwwv+.ci.tigard.or.us Community Development Plot date:Feb 13,2002;C:lmagic\MAGIC03.APR *0 4,- r / . ir /04- c'`, ( ;� z h J le (_n 4, ,,-- 1 *io // / V. 0 01• / 4, 0 7,1") '■' 4*44...,4 vli. ;/.. z • , #1; z 2J9v �:, �� J 1 7 / r� Q. 10 / a ' 5 , ► a oe I, i a 0 N" \ e) e24‘. / 7f‘ . / P. ■ 1k -1 / LL 0 IV 441 \\ ..'e 1 117:44t. (7.3 lAir/4 \ION q -0. \;:,..--_-:"Kt -L /- ' ,\ °)‘k , 7,, if>'‘ '11NN-41!-:,-q . 1t*ff / M I M CITY T O F T I G ARD SITE PLAN N WALL STREET DOG PARK (Map is not to scale) CUP20W-00001 (ATTACHMENT) RITA MROCZEK, PWS 3980 SW 170Th AVE. ALOHA, OR 97007 (503) 642-3739 Fax 642-4158 Date: April 16, 2001 Memo to: John Roy and Dwayne Roberts,City of Tigard Subject: Dog Park Sites, Wall and Tigard.Streets Wall Street(no map enclosed) - The WalldStreet property is a rectangular tract off SW • Hunziker and not contiguous with the Tigard Street property. It is a large area of mowed grass with one young cottonwood(Populus balsamifera) in the SE corner. A stream, tributary to Fanno Creek, andfan adjacent wetland can be found along the west side of the site. The boundary of this wetland appears to be along a slope break which is marked by a distinct change in vegetation. Another area of concern was a small isolateddivot along Wall St. in the SW corner of the site. A small cottonwood is growing at one end of this small indention in the ground. On the date of my site visit (April 6,2001), it had been raining for several days previously and this particular area had saturated and gleyed soils which are indicators of wetlands. Due to its isolation from any waterway, the required USA buffer would be 15-25 feet, depending on the size of the watershed. Tigard Street-This large parcel can be divided into 5 parts by drawing lines north and south (see map enclosed), excluding the forested area in the far south. The westernmost piece (#1) is upland with a dense growth of native rose (Rosa sp.) in the middle of the site. A wetter area was observed at the southern boundary of the forest where the ground flattens out. (This is the area;just"south of the New Horizons Middle School.) Parcel #2 is just south of the fill along Tigard Street with an apple (Mattis sp.), quince and two madrone (Arbutus menziesii) trees near the road, and is bounded on the east by a thick stand of trees. It has occasional patches of wetland vegetation such REQUEST FOR COMMENTS z CEIVED PJ LANNING BUILDING MATERIALS CO. INSULATION CONTRACTING DIVISION RE APR U C 2002 8185 S.W. HUNZIKER ST., STE. A TIGARD, OREGON 97223 620-6148 CITY Ci WARD TO: THE CITY OF TIGARD April 2 , 2002 13125 SW HALL BLVD TI4ORD, OREGON, OR 97223 ATTN: PLANNING & DEVELOPMENT SUBJECT: CONDITIONAL USE PERMIT 2002-00001 WALL STREET DOG PARK AS NEARBY PROPERTY OWNERS WE OBJECT TO THE PROPOSED DOG PARK ON THIS BASIS : 1 . The use is inconsistent with an Industrial zone, L-1 . 2 . Additional traffic created at Wall & Hunziker will create hazardous driving conditions especially when existing Wall to Hunziker. Our company (KNEZ) has heavily loaded trucks that cannot stop on a dime. Also, note the vicinity of the Railroad tracks at this same intersection. 3 . The nuisance of odor and waste into the nearby stream will only grow over time . 4 . The city is not justified in turning high valued industrial land into a Dog Park. There are plenty of low value lands along Fanno Creek where a Dog Park makes more sense. 5 . Our proximity to this proposed Dog Park is not a plus for this industrial area. Sincerely, John Knez Sr. OWNER AL" REQUEST FOR COMMENTS OF HOARD Community(Development ShapingA Better Community DATE: February 28,2002 TO: Dennis Koellermeier,Operations Manager/Water Department FROM: City of Tigard Planning Division STAFF CONTACT: Duane Roberts,Associate Planner(x341) Phone: (503)639-4171/Fax: 1503)684-1297 CONDITIONAL USE PERMIT(CUPJ2002-00001 WALL STREET DOG PARK REQUEST: The City of Tigard is seeking approval to construct an off-leash area dog park on privately owned property. The site is a 3.8 acre undeveloped, open field. The fenced area of the park will occupy 1 .73 acres of the property and will encircle a small isolated wetland located along SW Wall Street. Site improvements include 1,423 feet of 5-foot-high cyclone fencing, a 6-foot-wide by 20-foot-long paved path leading into the dog park from an existing paved parking area, a portable 110-gallon water tank, benches, and picnic tables located inside the fenced area. Sixteen parking spaces within an existing parking area will be designated for dog park parking and landscaping improvements around the fenced area are also proposed. LOCATION: 7930 SW Hunziker Road; WCTM 2S10100, 1202 (Wall Street is a private street off of SW Hunziker Road). ZONE: I-L: Light Industrial District. The I-L zoning district provides appropriate locations for general industrial uses including industrial service, manufacturing and production, research and development, warehousing and freight movement, and wholesale sales activities with few, if any, nuisance characteristics such as noise, glare, odor, and vibration. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.390, 18.530, 18.705, 18.725 and 18.780. Attached are the Site Plan, Vicinity Map and Applicant's Statement/Plans 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: MARCH 14, 2002. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: (Tlease provide thefoffowing information)Name of Person(s) Commenting: IPhone Number(s): I REQUEST FOR COMMENTS CITY OF TIIGARD Community DDeaelopment Shaping Better Community DATE: February 28,2002 TO: Roy,Property Manager/Public Works Department FROM: City of Tigard Planning Division STAFF CONTACT: Duane Roberts,Associate Planner 1x341) Phone: 15031639-4111/Fax: 15031684-1291 CONDITIONAL USE PERMIT ICUP12002-00001 WALL STREET DOG PARK REQUEST: The City of Tigard is seeking approval to construct an off-leash area dog park on privately owned property. The site is a 3.8 acre undeveloped, open field. The fenced area of the park will occupy 1 .73 acres of the property and will encircle a small isolated wetland located along SW Wall Street. Site improvements include 1,423 feet of 5-foot-high cyclone fencing, a 6-foot-wide by 20-foot-long paved path leading into the dog park from an existing paved parking area, a portable 110-gallon water tank, benches, and picnic tables located inside the fenced area. Sixteen parking spaces within an existing parking area will be designated for dog park parking and landscaping improvements around the fenced area are also proposed. LOCATION: 7930 SW Hunziker Road; WCTM 2S10100, 1202 (Wall Street is a private street off of SW Hunziker Road). ZONE: I-L: Light Industrial District. The I-L zoning district provides appropriate locations for general industrial uses including industrial service, manufacturing and production, research and development, warehousing and freight movement, and wholesale sales activities with few, if any, nuisance characteristics such as noise, glare, odor, and vibration. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.390, 18.530, 18.705, 18.725 and 18.780. Attached are the Site Plan, Vicinity Map and Applicant's Statement/Plans 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: MARCH 14, 2002. 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: l,�" We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: ((lease provide the following information)Name of Person(s) Commenting: I Phone Number(s): I AO- REQUEST I REQUEST FOR COMMENTS CITY OF TIGARD Community(Development s(gapingA Better Community DATE: February 28,2002 TO: Brian Bauer,Development Review Engineer {-1 .Q . k FROM: City of Tigard Planni3Division STAFF CONTACT: 1e Roberts,Associate Planner(x347) Phone: 15031639-4171/Fax: 1503)684-1291 CONDITIONAL USE PERMIT(C11P12002-00001 WALL STREET DOG PARK REQUEST: The City of Tigard is seeking approval to construct an off-leash area dog park on privately owned property. The site is a 3.8 acre undeveloped, open field. The fenced area of the park will occupy 1.73 acres of the property and will encircle a small isolated wetland located along SW Wall Street. Site improvements include 1,423 feet of 5-foot-high cyclone fencing, a 6-foot-wide by 20-foot-long paved path leading into the dog park from an existing paved parking area, a portable 110-gallon water tank, benches, and picnic tables located inside the fenced area. Sixteen parking spaces within an existing parking area will be designated for dog park parking and landscaping improvements around the fenced area are also proposed. LOCATION: 7930 SW Hunziker Road; WCTM 2S10100, 1202 (Wall Street is a private street off of SW Hunziker Road). ZONE: I-L: Light Industrial District. The I-L zoning district provides appropriate locations for general industrial uses including industrial service, manufacturing and production, research and development, warehousing and freight movement, and wholesale sales activities with few, if any, nuisance characteristics such as noise, glare, odor, and vibration. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.390, 18.530, 18.705, 18.725 and 18.780. Attached are the Site Plan, Vicinity Map and Applicant's Statement/Plans 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: MARCH 14, 2002. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: ('Cease provi1i theforfwing information)Name of Person(s) Commenting x Z 3? IPhone Number(s): I File Number C�-( z-6(o co Os7 / CleanWater Services in Site Assessment Our commitment is clear. Sensitive Area Pre-Screening Jurisdiction / q ,.a/ Date J / 2 /v 2 Map & Tax Lot 3 / d/ o o Tl /20 2 Owner Co /44 C Site Address 7 V ' G n z �- Contact lJ . 4 .L I /To e%/"1, Proposed Activity v� /��, ,/� Address G// Phone ,2O3 4,7 -'// 77 Y N NA Y N NA Sensitive Area Composite Map Stormwater Infrastructure maps Map # II QS # ,jl Locally adopted studies or maps Specify Other Specify Based on a review of the above information and the requirements of Clean Water Services Design and Construction Standards Resolution and Order No. 00-7: Sensitive areas potentially exist on site or within 200' of the site. THE APPLICANT MUST PERFORM A SITE CERTIFICATION PRIOR TO ISSUANCE OF A SERVICE PROVIDER LETTER OR STORMWATER CONNECTION PERMIT. If Sensitive Areas exist on the site or within 200 feet on adjacent properties, a Natural Resources Assessment Report may also be required. Sensitive areas do not appear to exist on site or within 200' of the site. This pre- screening site assessment does NOT eliminate the need to evaluate and protect water quality sensitive areas if they are subsequently discovered on your property. NO FURTHER SITE ASSESSMENT OR SERVICE PROVIDER LETTER IS REQUIRED. THIS FORM WILL SERVE AS AUTHORIZATION TO ISSUE A STORMWATER CONNECTION PERMIT. The proposed activity does not meet the definition of development. NO SITE ASSESSMENT OR SERVICE PROVIDER LETTER IS REQUIRED. Comments: Reviewed By: Date: �12---1 Z O� �, �_� 1 P. „f Returned to Applicant Mail Fax Counter Date By Duane Roberts - Wall Street Dog Park.dc Page 1 'MAR Tualatin Valley Fire & Rescue TUALATIN VALLEY FIRE & RESCUE • SOUTH DIVISION COMMUNITY SERVICES • OPERATIONS • FIRE PREVENTION March 6, 2002 Duane Roberts, Associate Planner City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 ✓ Re: Wall Street Dog Park Dear Duane, I have reviewed the submittal for the above named project and find no conflicts with our interests. Please contact me at(503)612-7010 with any additional questions. Sincerely, Eric T. McMullen Eric T. McMullen Deputy Fire Marshal 7401 SW Washo Court,Suite 101 •Tualatin,Oregon 8rIf •oral.(503)612-7000•Fax(503)612-7003•www.tvfr.com 11774 SW 125th Court Tigard, OR 97223 (503) 524-4979 Home (503) 225-5140 Work March 20, 2002 Duane Roberts City of Tigard 13125 SW Hall Blvd. Tigard, Oregon 97223 RE: Conditional Use Hearing regarding `Potso' Dog Park Dear Mr. Roberts: The Tigard Dog Park Committee supports the granting of a conditional use permit for an off-leash dog park at the Coe site on Wall Street. Currently, the City of Tigard has no permanent locations where dog owners can exercise their pets off-leash. Dog owners who allow their pets off-leash in the City's current parks face large fines. To remedy the situation, Tigard's city parks master plan identifies the need for three off- leash dog parks. The Tigard Dog Park Committee has reviewed numerous sites for off- leash dog parks and has found the Coe site to be preferential. This site offers a large tract of land (approx. 1.73 acres)that is conveniently located for a large portion of Tigard's residents. The committee also anticipates that the creation of the off-leash park at the Coe site will decrease illegal, off-leash activities that currently take place at City parks. Accordingly, the Tigard Dog Park Committee urges the granting of the conditional use permit for an off leash dog park at the Coe site on Wall Street. Sincerely, at14466*A Chris Garsteck Committee Member Tigard Dog Park Committee REQUEST FOR COMMENTS CIT TIIGARD Community(Development SfiapingA Better Community DATE: February 28,2002 RECEIVED PLANNING TO: Matt Stine,Urban Forester/Public Works Department FROM: City of Tigard Planning Division MA1 2 1 2002 CITY OF TIGARD STAFF CONTACT: Duane Roberts,Associate Planner(x341) Phone: (503)639-4111/Fax: 1503)684-1291 CONDITIONAL USE PERMIT ICUP12002-00001 WALL STREET DOG PARK REQUEST: The City of Tigard is seeking approval to construct an off-leash area dog park on privately owned property. The site is a 3.8 acre undeveloped, open field. The fenced area of the park will occupy 1 .73 acres of the property and will encircle a small isolated wetland located along SW Wall Street. Site improvements include 1,423 feet of 5-foot-high cyclone fencing, a 6-foot-wide by 20-foot-long paved path leading into the dog park from an existing paved parking area, a portable 110-gallon water tank, benches, and picnic tables located inside the fenced area. Sixteen parking spaces within an existing parking area will be designated for dog park parking and landscaping improvements around the fenced area are also proposed. LOCATION: 7930 SW Hunziker Road; WCTM 2S10100, 1202 (Wall Street is a private street off of SW Hunziker Road). ZONE: I-L: Light Industrial District. The I-L zoning district provides appropriate locations for general industrial uses including industrial service, manufacturing and production, research and development, warehousing and freight movement, and wholesale sales activities with few, if any, nuisance characteristics such as noise, glare, odor, and vibration. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.390, 18.530, 18.705, 18.725 and 18.780. Attached are the Site Plan, Vicinity Map and Applicant's Statement/Plans 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: MARCH 14, 2002. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: i (P1 ase provide theforrowing information)Name of Person(s) Commenting: Phone Number(s): I Page 1 of 1 Duane, Here'my statement on behalf of the committee. Members of the Planning Commission, on behalf of the Tigard Dog Park Citizens committee, we strongly agree that some recreational use should be permitted on industrially zoned property. We strongly support the amendment to alter the current zoning regulation. For several months, the Citizens committee has been desperately trying to establish a "dog park"(off leash area)in Tigard. We have become acccutely aware of the lack of available property for such a site in Tigard. Additionally, the apparent need for such a site(or 2 or 3)in Tigard, has too become painfully apparent. The committee has currently selceted 2 potential sites for further discusssion and consideration, 1 of the sites, is currently zoned industrial property. As Committee Chairman, and on behalf of the committee, we ask for your deepest consideration in amending the existing zoning ordinance, and allow some recreational use in Industrial Property zones. Thank you for your time, Jeff miller Dog Park Task Force Committee Chairman file://C:\WINDOWS\TEMP\GW}00011.HTM 3/19/01 CleanWater Services RECEIVED PLANNING MEMORANDUM MAR 1 5 2002 CITY OF WARD DATE: March 8, 2002 FROM: Lee Walker, Clean Water Services (District) TO: Duane Roberts, City of Tigard SUBJECT: Wall Street Dog Park, CUP 2002-00001 The District has no objection to the proposed use of the property. Special concern should be given to ensure fecal coliform laden surface water does not reach the creek. 155 N First Avenue,Suite 270• Hillsboro, Oregon 97124 Phone: (503)846-8621 • Fax: (503)846-3525•www.cleanwaterservices.org 411% WASHINGTON COUNTY, OREGON Department of Land Use and Transportation, Land Development Services 155 North First Avenue,Suite 350-13,Hillsboro,Oregon 97124 (503)846-8761 FAX:(503)846-2908 March 14, 2002 Duane Roberts, Associate Planner City of Tigard RECEIVLU PLANNING Community Development 13125 SW Hall Boulevard Tigard, OR 97223 MAR 1 5 2002 FAX: 503-684-7297 CITY OF TiGAAD RE: Wall Stroot Dog Park City File Number: CUP 2002-00001 Tax Map and Lot Number: 2S1 01 / 1202 Location: 7930 Hunziker Road ;ti7 -v:- 'k. Nil' "*.--4 ‘‘,.. Arr . fir. . 0 cr. _ Washington County Department of Land Use and Transportation has received notice of the above noted application but will not be submitting any requirements/conditions. The project site is not adjacent to County-maintained road sections, nor is it expected to generate considerable off-site impacts to our nearby roadways. Thank you for the opportunity to comment. If you have any questions, please contact me at 503-846-8131 . '.-- i)4... nne LaMountain 44->1.:;:7--9 Associate Planner F:Shared\LDS\W PSHARE\TRANSP\TIG\WaIlStDogParkNOCOMM.doc T0 'd b0:9T ZOOZ VT -1pW 8062-9V8-2OS:Xp '(`r3U QN11 00 HSdf'1 REQUEST FOR COMMENTS CST T��ARD Community(Development SfapingA Better Community DATE: February 28,2002 TO: lim Wolf,Tigard Police Department Crime Prevention Officer RECEIVED PLANNING FROM: City of Tigard Planning Division E,;,=, O 1 2002 STAFF CONTACT: Duane Roberts,Associate Planner[x3471 CITY OF TIGARD Phone: (5031 639-4171/Fax: 15031684-1297 CONDITIONAL USE PERMIT ICUP12002-00001 r WALL STREET DOG PARK REQUEST: The City of Tigard is seeking approval to construct an off-leash area dog park on privately owned property. The site is a 3.8 acre undeveloped, open field. The fenced area of the park will occupy 1.73 acres of the property and will encircle a small isolated wetland located along SW Wall Street. Site improvements include 1 ,423 feet of 5-foot-high cyclone fencing, a 6-foot-wide by 20-foot-long paved path leading into the dog park from an existing paved parking area, a portable 110-gallon water tank, benches, and picnic tables located inside the fenced area. Sixteen parking spaces within an existing parking area will be designated for dog park parking and landscaping improvements around the fenced area are also proposed. LOCATION: 7930 SW Hunziker Road; WCTM 2S10100, 1202 (Wall Street is a private street off of SW Hunziker Road). ZONE: I-L: Light Industrial District. The I-L zoning district provides appropriate locations for general industrial uses including industrial service, manufacturing and production, research and development, warehousing and freight movement, and wholesale sales activities with few, if any, nuisance characteristics such as noise, glare, odor, and vibration. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.390, 18.530, 18.705, 18.725 and 18.780. Attached are the Site Plan, Vicinity Map and Applicant's Statement/Plans 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: MARCH 14, 2002. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: (Please provide the following information)Name of Person(s) Commenting: W o`- I Phone Number(s): 1 2:1-0 I REQUEST FOR COMMENTS CITY TIfGARD Community kDeve[opment ShapingA(Better Community DATE: February 28,2002 TO: PER ATTACHED FROM: City of Tigard Planning Division STAFF CONTACT: Duane Roberts,Associate Planner 1x3411 Phone: 15031639-4111/Fax: [5031 684-1291 CONDITIONAL USE PERMIT ICUP)2002-00001 WALL STREET DOG PARK REQUEST: The City of Tigard is seeking approval to construct an off-leash area dog park on privately owned property. The site is a 3.8 acre undeveloped, open field. The fenced area of the park will occupy 1.73 acres of the property and will encircle a small isolated wetland located along SW Wall Street. Site improvements include 1,423 feet of 5-foot-high cyclone fencing, a 6-foot-wide by 20-foot-long paved path leading into the dog park from an existing paved parking area, a portable 110-gallon water tank, benches, and picnic tables located inside the fenced area. Sixteen parking spaces within an existing parking area will be designated for dog park parking and landscaping improvements around the fenced area are also proposed. LOCATION: 7930 SW Hunziker Road; WCTM 2S10100, 1202 (Wall Street is a private street off of SW Hunziker Road). ZONE: I-L: Light Industrial District. The I-L zoning district provides appropriate locations for general industrial uses including industrial service, manufacturing and production, research and development, warehousing and freight movement, and wholesale sales activities with few, if any, nuisance characteristics such as noise, glare, odor, and vibration. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.390, 18.530, 18.705, 18.725 and 18.780. Attached are the Site Plan, Vicinity Map and Applicant's Statement/Plans 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: MARCH 14, 2002. 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. PLASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. Please refer to the enclosed letter. Written comments provided below: (2kase provide thefocrowing information)Name of Person(s) Commenting: IPhone Number(s): . CITY TIGARD REQUEST FOR COh. :NTS NOTIFICATION LIST FOR LAND USE & COMMUNITY DEVELOPMENT APPLICATIONS GCPo�Jn Oc -O 6OI FILE NAME:? ', FILE NOS.: C -Q-C- -c Zy /7)211--/L.: CITIZEN INVOLVEMENT TEAMS `f 14-DAY PENDING APPLICATION NOTICE TO CIT AREA: ❑Central,ast ❑South ❑West IZProposal Descrip. in Library CIT Book CITY OFFICES LONG RANGE PLANNING/Barbara Shields,Planning Mgr. _COMMUNITY DVLPMNT.DEPT./Planning-Engineering Techs. LICE DEPT./Jim Wolf,Crime Prevention Officer —BUILDING DIVISION/Gary Lampella,Building Official / INEERING DEPT./Brian Rager,Dvlpmnt.Review Engineer TER DEPT./Dennis Koellermeier,Operations Mgr. _CITY ADMINISTRATION/Cathy Wheatley,City Recorder UBLIC WORKS/John Roy,Property ManagerBLIC WORKS/Malt Stine,Urban Forester PLANNER-POST PROJECT SITE IF A PUBLIC HEARING ITEM-10 BUSINESS DAYS PRIOR TO THE PUBLIC HEARING! _C.D./Sherman Casper,Permit Coord.(SDR/CuP re:TIF) SPECIAL DISTRICTS _ TUAL.HILLS PARK&REC.DIST.*ZTUALATIN VALLEY FIRE&RESCUE* _ TUALATIN VALLEY WATER DISTRICT♦ EANWATER SERVICES Planning Manager Fire Marshall Administrative Office Lee Walker/SWM Program 15707 SW Walker Road Washington County Fire District PO Box 745 155 N.First Avenue Beaverton,OR 97006 (place in pick-up box) Beaverton,OR 97075 Hillsboro,OR 97124 LOCAL AND STATE JURISDICTIONS CITY OF BEAVERTON * _ CITY OF TUALATIN * _OR. DEPT.OF FISH&WILDLIFE _OR.DIV.OF STATE LANDS _ Planning Manager Planning Manager 2501 SW First Avenue Jennifer Goodridge _ Irish Bunnell,Development Services PO Box 369 PO Box 59 775 Summer Street NE PO Box 4755 Tualatin,OR 97062 Portland,OR 97207 Salem,OR 97301-1279 Beaverton,OR 97076 OR.PUB.UTILITIES COMM. METRO-LAND USE&PLANNING * _OR.DEPT.OF GEO.&MINERAL IND. 550 Capitol Street NE CITY OF DURHAM • 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380 — City Manager Portland,OR 97232-2736 Portland,OR 97232 PO Box 23483 Bob Knight,Data Resource Center(zCA) _US ARMY CORPS.OF ENG. _ Durham,OR 97281-3483 _ Paulette Allen,Growth Management Coordinator _OR.DEPT.OF LAND CONSERV.&DVLP. Kathryn Harris _ Mel Huie,Greenspaces Coordinator(CPA/ZOA) Larry French(Comp Plan Amendments Only) Routing CENWP-OP-G —CITY OF KING CITY * _ Jennifer Budhabhatti,Regional Planner(Wetlands) 635 Capitol Street NE,Suite 150 PO Box 2946 City Manager _ C.D. Manager,Growth Management Services Salem,OR 97301-2540 Portland,OR 97208-2946 15300 SW 116th Avenue King City,OR 97224 WASHINGTON COUNTY _ OR.DEPT.OF ENERGY(Powedines in Area) _OREGON DEPT.OF TRANS.(ODOT) Dept.of Land Use&Transp. Bonneville Power Administration Aeronautics Division 155 N.First Avenue _CITY OF LAKE OSWEGO * Routing TTRC-Attn: Renae Ferrera Tom Highland,Planning Suite 350,MS 13 Planning Director PO Box 3621 3040 25th Street,SE Hillsboro,OR 97124 PO Box 369 Portland,OR 97208-3621 Salem,OR 97310 _Brent Curtis(CPA) Lake Oswego,OR 97034 _Gregg Leion(CPA) _ OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 * Anne LaMountain(IGwuRB) _CITY OF PORTLAND (Notify for Wetlands and Potential Environmental Impacts) _Sonya Kazen,Development Review Coordinator _ ll Healy(ICwuRB) David Knowles,Planning Bureau Do. Regional Administrator _Carl Toland, Right-of-Way Section(vacations) Steve Conway(General Apps) Portland Building 106,Rm. 1002 2020 SW Fourth Avenue,Suite 400 123 NW Flanders _Sr.Cartographer(cPAacA)MS to 1120 SW Fifth Avenue Portland,OR 97201-4987 Portland,OR 97209-4037 _Jim Nims(zcA)Ms 15 Portland,OR 97204 _Doria Mateja(zcA)Ms 14 ODOT,REGION 1 -DISTRICT 2A — Jane Estes,Permit Specialist 5440 SW Westgate Drive,Suite 350 Portland,OR 97221-2414 UTILITY PROVIDERS AND SPECIAL AGENCIES _PORTLAND WESTERN R/R, BURLINGTON NORTHERN/SANTA FE RJR,OREGON ELECTRIC RJR(Burlington Northern/Santa Fe R/R Predecessor) Robert I. Melbo,President&General Manager 110 W. 10th Avenue Albany,OR 97321 —SOUTHERN PACIFIC TRANS.CO.R/R _METRO AREA COMMUNICATIONS _AT&T CABLE —TRI-MET TRANSIT DVLPMT. Clifford C.Cabe,Construction Engineer Debra Palmer(Annexations Only) Pat McGann (If Project is Within V.Mile of A Transit Route) 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Ben Baldwin,Project Planner Portland,OR 97232 1815 NW 169th Place,S-6020 Beaverton,OR 97005 710 NE Holladay Street Beaverton,OR 97006-4886 Portland,OR 97232 _PORTLAND GENERAL ELECTRIC —NW NATURAL GAS COMPANY _VERIZON _ QWEST COMMUNICATIONS Jim VanKleek,Svc.Design Consultant Scott Palmer,Engineering Coord. Ken Perdue,Engineering Richard Jackson,Engineering 9480 SW Boeckman Road 220 NW Second Avenue PO Box 1100 8021 SW Capitol Hill Rd,Rm 110 Wilsonville,OR 97070 Portland,OR 97209-3991 Beaverton,OR 97075-1100 Portland,OR 97219 _TIGARD/TUALATIN SCHOOL DIST.#23J_BEAVERTON SCHOOL DIST.#48 — AT&T CABLE(Area EofMAAl,Nof99W) Marsha Butler,Administrative Offices Jan Youngquist, Demographics&Planning Dept. Diana Carpenter 6960 SW Sandburg Street 16550 SW Merlo Road 3500 SW Bond Street Tigard,OR 97223-8039 Beaverton,OR 97006-5152 Portland,OR 97232 * INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN 500' OF THE SUBJECT PROPERTY FOR ANY/ALL CITY PROJECTS (Project Planner Is Responsible For Indicating Parties To Notify). h:\patty\masters\Request For Comments Notification List 2.doc (Revised: 30-Jan-02) MATLING / NOTIFICATION RECORDS AFFIDAVIT OF MAILING CITAY�OF�GARD Community'Development S helping A Better Community I, cPatricia L. Lunford, being first duly sworn/affirm, on oath depose and say that I am a Senior Administrative Specialist for the City of Tigard;Washington County, Oregon and that I served the following: {Check Appropriate Box(s)Below) © NOTICE OF FINAL ORDER FOR: CUP2002-00001/POTSO DOG PARK I 4/15/2002 AMENDED NOTICE (File No/Name Reference) (Date of Public Heannus) ❑ City of Tigard Planning Director ® Tigard Hearings Officer ❑ Tigard Planning Commission ❑ Tigard City Council 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 April 30,2002, and deposited in the United States Mail on April 30,2002, postage prepaid. 4111114adr (Person tha ' epared Notic- STATE OE OREGON ) County of Washington )ss. City of Egard ) )S ubscribed and sworn/affirmed before me on the 31 S day of / , 2002. OFFICIAL SEAL i DIANE M JELDERKS NOTARY PUBLIC-OREGON •`' COMMISSION NO.326578 NOT Y PUBLIC OF ORE I 7 MY COMMISSION EXPIRES SEPT.07,2003 My Commission Expi : : 9 /7/03 I. 'MIT A 411 ": 120 DAYS = N/A CITY OF TIGARD Community Development Shaping A Better Community CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER Case Numbers: CONDITIONAL USE PERMIT (CUP) 2002-00001 Case Name: POTS() DOG PARK Name of Owner: Coe Manufacturing Company Name of Applicant: City of Tigard Attn: Duane Roberts Address of Applicant: 13125 SW Hall Boulevard, Tigard OR 97223 Address of Property: 7930 SW Hunziker Road Tax Map/Lot Nos.: Washington County Tax Assessor's Map No. 2S10100, Tax Lot 1202. A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS APPROVING A REQUEST FOR CONDITIONAL USE PERMIT APPROVAL. THE CITY OF TIGARD HEARINGS OFFICER HAS REVIEWED THE APPLICANT'S PLANS, NARRATIVE, MATERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISION'S STAFF REPORT AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE HEARINGS OFFICER HELD A PUBLIC HEARING ON APRIL 15, 2002 TO RECEIVE TESTIMONY REGARDING THIS APPLICATION. THIS DECISION HAS BEEN BASED ON THE FACTS, FINDINGS AND CONCLUSIONS CONTAINED WITHIN THIS FINAL ORDER. Request: ➢ The City of Tigard requested approval to construct a temporary off-leash area dog park on privately owned property. The site is a 3.8 acre undeveloped, open field. The fenced area of the park will occupy 1.73 acres of the property and will encircle a small isolated wetland located along SW Wall Street. Site improvements include 1,423 feet of 5-foot-high cyclone fencing, a 6-foot-wide by 20-foot-long paved path leading into the dog park from an existing paved parking area, a portable 110-gallon water tank, benches, and picnic tables located inside the fenced area. Sixteen parking spaces within an existing parking area will be designated for dog park parking. Native vegetation is also proposed to be planted around the fenced area. Zoning Designation: I-L: Light Industrial District. Applicable Review Criteria: Community Development Code Chapters 18.330, 18.390, 18.530, 18.705, 18.725 and 18.780. Action: ➢ ❑ Approval as Requested © Approval with Conditions ❑ Denial Notice: Notice was published in the newspaper and mailed to: © Owners of Record Within the Required Distance © Affected Government Agencies © The Affected Citizen Involvement Team Facilitator © The Applicants and Owners The adopted findings of fact and decision can be obtained from the Planning Division/Community Development Department at the City of Tigard City Hall. Final Decision: THIS DECISION IS FINAL ON APRIL 30, 2002 AND BECOMES EFFECTIVE ON MAY 15, 2002 UNLESS AN APPEAL IS FILED. Appeal: The decision of the Review Authority 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. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON MAY 14, 2002 Questions: If you have any questions, please call the City of Tigard Planning Division at (503) 639-4171. BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD,OREGON Regarding an application by the City of Tigard for a ) FINAL ORDER conditional use permit for a dog park in the I-L(Light ) Industrial)zone west of Wall Street and south of the Coe ) Mfg. Co. building at 7930 SW Hunziker Road ) CUP 2002-00001 in the City of Tigard,Oregon ) (Potso Dog Park) A. SUMMARY 1. The applicant requests approval of a conditional use permit(CUP)for a dog park on leased property in the I-L(Light Industrial)zone. The applicant proposes to improve the now largely vacant portion of the 3.8-acre Coe Manufacturing Company property with a five-foot high metal mesh fence that will enclose roughly 1.73 acres,a small paved area, benches, a small (110-gallon) water tank,four trash cans and four dispensers for plastic bags. A chip trail will be improved in a circuit within the fenced area. Another fence will separate a small portion of the fenced area near the entry from the remainder of the dog park;this area is intended for smaller dogs. The majority of the fenced area will not be restricted to any particular sized dogs.Within the confines of the fenced area,dogs will not be required to be on leashes (in contrast to the regulations elsewhere in the City). The dog park will be opened by City staff for use by the public from 4:30 PM to dusk on weekdays and from dawn to dusk on weekends and holidays. Users will be instructed to collect dog feces in the plastic bags provided for that purpose and to dispose of the collected material in trash cans on the site. The City will empty the trash cans as needed. A volunteer group now consisting of 54 people will assist with maintenance and operation of the facility. The City will post rules for use of the park at the entry. Ball Creek is about 150 feet from the fence around the dog park. No impacts on the stream are expected, and a condition of approval is recommended to require the applicant to inspect the property during storm events to verify that. The use is temporary in that Coe Manufacturing Company can terminate the lease for the property at any time. Parking for the proposed use will be provided on the adjoining paved parking lot for the Coe Manufacturing Company. Sixteen spaces are reserved for use by the dog park. Existing access points will be used. New access points or structures are not proposed. 2. A City of Tigard Hearings Officer held a duly noticed public hearing regarding the application to receive testimony and evidence. City staff recommended approval of the application based on findings and conclusions and subject to recommended conditions of approval in the Staff Report dated April 1, 2002. Five witnesses appeared in support of the application. One witness appeared against the application. The City received one written objection to the proposed. The principal issues in dispute include the following: a. Whether the use is appropriate in the I-L zone; b. Whether the proposed use will pose a hazard to traffic in the area; and c. Whether the proposed use will adversely affect Ball Creek. 3. Although a neighbor argued that the use is not appropriate,the hearings officer disagrees. The site is suitable, because the use is permitted by existing zoning,the site is large enough to accommodate the use and its parking, will be suitably improved and supervised,the use is not reasonably likely to cause traffic problems,and it is setback substantially from the stream on the site. For the reasons stated herein,the hearings officer approves the conditional use permit subject to the conditions at the end of this final order. Hearings Officer Final Order CUP 2002-00001(Potso Dog Park) Page 1 B. HEARING AND RECORD 1. Hearings Officer Larry Epstein (the "hearings officer")received testimony at the public hearing about this application on April 15,2002. The record includes a witness list, materials in the casefile as of the close of the hearing,and an audio record of the hearing. At the beginning of the hearing, the hearings officer made the declaration required by ORS 197.763. The hearings officer disclaimed any ex parte contacts,bias or conflicts of interest. The following is a summary by the hearings officer of testimony at the hearing. 2. City planner Duane Roberts summarized the Staff Report including existing conditions on the site and proposed improvements and operating characteristics. See the "Summary" above. He noted that Tigard Community Development Code ("CDC") section 18.330 allows an outdoor recreation use in the I-L zone. A dog park is allowed as a recreational use in that zone when the dog park is temporary. He highlighted terms of the easement for the property,noting that Coe Manufacturing can terminate the lease at any time, a fact that he argued means the use is inherently temporary. He noted that the site is not subject to Clean Water Services standards,but it complies with standards of the Oregon Division of State Lands and US Army Corps of Engineers by maintaining a 150-foot buffer between the fence and Ball Creek. He disputed the objections to the proposed use contained in a letter from John Knez, Sr., arguing the use is permitted in the zone and will not pose a hazard to traffic. He also proposed two additional conditions of approval. 3. City Parks Supervisor Steve Martin and Parks Manager Dan Plaza testified in support of the proposed use. They highlighted features of the proposed use, including a double gate entry system that is intended to reduce the potential for dogs running loose between the parking lot and the enclosure. Mr. Martin noted the City will post rules for use of the park at the entry,and the City and volunteers will monitor compliance. If a person fails to comply with those rules after being given a reasonable opportunity to do so,the City will exclude the individual from the park in the future. 4. Michael Cox and Paula Walker testified as members of the City's Dog Park Committee in support of the conditional use permit. Mr. Cox provided some context for the application,describing the City's need for such facilities and their efforts to date. He reiterated that the proposed use is allowed in the zone,that it will be set back from Ball Creek so it does not adversely affect the creek,and that the proposed use will not cause odors,based on observations of other such facilities,rules for use of the park,the facilities the City will provide to collect and dispose of feces,and the availability of a large pool of volunteers to help maintain and supervise use of the park. Ms. Walker testified about her observations of traffic in the area during three days, arguing her observations show the dog park is not reasonably likely to conflict with or to cause a hazard for traffic in the area, including industrial and train traffic. She also summarized interviews by other Dog Park Committee members with people in the vicinity. She introduced a written statement and summaries of the traffic study and interviews. 5. Nancy Tanner,who owns a small dog,testified in favor of the proposed use, because it provides an area where her small dog can be unleashed without fear of conflicts with larger dogs. 6. Lamont Dunham testified as the representative for John Knez, Sr., who also submitted a letter dated April 2, 2002 opposing the proposed use. Mr. Dunham reiterated the concerns expressed in the letter from Mr. Knez; to wit,the use is not consistent with the uses permitted in the I-L zone,it will cause traffic conflicts when dogs run loose onto the street,it will cause odors and unsanitary waste and will pollute Ball Creek, and it is not an appropriate use for an industrial area. Hearings Officer Final Order CUP 2002-00001 (Potso Dog Park) Page 2 7. At the end of the public hearing, the hearings officer closed the record and announced his intention to approve the use subject to conditions recommended by the City. C. DISCUSSION 1. City staff provided basic facts about the site and vicinity in the Staff Report. They recommended the hearings officer approve the application,based on the applicable standards and responsive findings in the Staff Report and subject to conditions of approval the Staff Report as amended at the hearing to more specifically address verification of no adverse impact to the creek and of no adverse impacts with surrounding uses. The applicant accepted the findings and recommended conditions as amended without correction or objection. 2. Although Mr.,Knez raised reasonable concerns,the hearings officer is not persuaded that his objections are consistent with the law or well-founded. a. The CDC clearly allows an outdoor recreation use in the I-L zone,and an dog park clearly is a permitted outdoor recreation use when it is temporary. Although there is some question about whether the proposed use is temporary,because,in fact,there is no certain date by which the use is proposed to or must terminate based on the CDC and this final order. However the hearings officer finds the proposed use is temporary,because none of the improvements uniquely and specifically for the dog park are of an inherently permanent nature. The most substantial structural feature will be the fence, which be dismantled and removed readily without leaving any physical impediment to future use of the property for another purpose. Also the nature of the City's tenancy is as a month-to- month tenant. At any time,Coe Manufacturing may terminate the easement,and,hence,the dog park may terminate at any time. Because the use is permitted by the existing zoning,it is inherently suitable for the site,despite its nonindustrial character. b. The use will generate a relatively small volume of vehicular traffic,based on information about other similar facilities. The streets in the vicinity of the site,including Wall Street and Hunziker,operate at a high level of service and at well below their engineered capacity. Nonindustrial traffic generated by other uses is far more common. Although some heavy truck traffic uses the road,in conjunction with Knez and other businesses in the vicinity,there is no evidence that traffic is incompatible with the volume or nature of the traffic generated by the dog park. On the contrary,based on the testimony by Ms. Walker,the nearby businesses generate a relatively small number of trips when the dog park is proposed to operate, a fact confirmed by Mr.Dunham. Given that,there is no substantial evidence in the record to rebut testimony by City engineering staff that the proposed use will not cause or exacerbate traffic hazards or exceed the capacity of affected streets. The hearings officer also is persuaded that the double-fence system is reasonably likely to prevent dogs from running loose into the adjoining streets. c. Although a dog park poses a potential problem due to animal wastes on the ground, the hearings officer is persuaded the proposed dog park will not suffer from such a problem. The fenced boundaries of the park limit where dog wastes are likely to be situated. Rules that require owners to clean-up after their dogs,enforced by City staff and volunteers, and facilitated by the availability of plastic bags and trash cans,are reasonably likely to ensure solid waste from dogs will not remain in the ground for long. Liquid wastes can be absorbed by the soil without causing significant odors or water quality concerns, because of the substantial distance between the fence and the creek. There is no substantial evidence in the record that the proposed use will cause odor or water quality problems. There is substantial evidence in the record that it will not have these effects. Hearings Officer Final Order CUP 2002-00001 (Potso Dog Park) Page 3 D. CONCLUSION The hearings officer concludes the proposed conditional use permit does or can comply with the applicable criteria of the Community Development Code,provided development that occurs after this decision complies with applicable local, state,and federal laws and with conditions of approval warranted to ensure such compliance occurs. E. ORDER Based on the findings and conclusions adopted or incorporated above, the hearings officer hereby approves CUP 2002-00001 (Potso Dog Park)subject to the following conditions of approval: 1. Prior to the issuance of site and/or building permits, the applicant shall submit the following to the Planning Department(Duane Roberts,ext. 347)for review and approval: a. The applicant shall provide the City with a formal, written operation and maintenance plan dealing with the timely removal of dog feces from the park lawn area. b. The applicant shall obtain a City sign permit for any signage placed on the property. 2. Prior to final inspection by the City, the applicant shall submit proof that all site improvements have been completed in accordance with the approved plans to the Planning Department(Duane Roberts,639-4171,ext. 347). 3. After the first and fifth months of operations, and thereafter as deemed necessary by the Planning Department,the City Park Maintenance Supervisor shall solicit written and/or oral comments from the members of the Dog Park Committee and from owners of all land and businesses located along both sides of Hunziker Street regarding the operation of the dog park and mitigation of any adverse impacts on area businesses and properties. 4. During the first two months of operation and thereafter as deemed necessary by the Planning Department, the Park Maintenance Supervisor or his or her designee shall visit the dog park site during rain events to observe storm water runoff between the dog park and Ball Creek and to ensure bacteria and nutrients from the dog park do not enter Ball Creek or its associated wetlands. If the storm water is confined to a discrete flow pattern,such as rivulets,the Park Maintenance Supervisor or his or her designee shall prevent the water from flowing in such a discrete pattern or take other steps to ensure bacteria and nutrients from the dog park do not enter Ball Creek or its associated wetlands. 5. Failure to satisfy the conditions of approval within 18 months of the effective date of the hearings officer's decision shall render the hearings officer's decision void. DATED this 29th ' .y,of April,2002. Eps ray,., • P Tigard He..- _- Officer Hearings Officer Final Order CUP 2002-00001 (Potso Dog Park) Page 4 Rs. CI 1 Y of TIGA:.D... ■ • 0100e�0• 0 IMaC S'ei1M �'• a� 1111•PI VICINITY MAP , El - '� � • • • "AIM Illdri CU PZOO2-0000 I sr ♦ .T WALL STREET ��' DOG PARK -to % 1111:11111 illorria \., f�YLQnS FCRR Rio Jt V F r�L . 1 �r7�5 r< l ,,Bdf OENO l —..age { ' ������� t_ ,■ ■■ ■ 1111.■ Tlperd/vu Map 101 1 lb4/\ . ■ ■■ ■ N •• ■■ MIME 0 100 !00 Fe FIRST IUIIIII 1'•501 toot et • cs, A s 11111111111 City of Tigard allillar Information on this map is for general location only and e7: should be verified with the Devoe° nt Services Division. ' 1111 13125 Tigard,,O 9 223 BM ,,1"1' T(503 639-4171 Pm. ��. http:!lwww.ci.tigard.or.us Community Development Plot date:Feb 13,2002;C:\magic\MAGIC03.APR ,i‘■ jr•0 U fi a NJ" '‘ , 44,, /// /Tt �` O/ 4. , Jr af4" ■ j I / k 7-■ ' , 4it' ,l'. . // / j=" _z / i0.4, �� 4' / z `•*t� z d •� J -4 / , I a. 0 dip 7 apa / ft / - . ,/./ < • / ' P e /, LL., . /■ 0 N.‘ • 1-■-'1.1' ' --11r7 5 ' NN V •i -;::..: , 4 S. N:16:1111.," - :,-,.. ,-,\ . 44b w NO 4 '''0 . it�.%�� . CITY OF TIGARD + CUP2002-0000 I N SITE PLAN WALL STREET DOG PARK (Map is not to scale) x 'JpJT Coe Manufacturing Company CUP2002-00001 O Box 520 WALL STREET DOG PARK P Painesv Box 520 OH 44077 (NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER) Michael Cox 16697 SW 108th Avenue Tigard, OR 97224 Paula M. Walker 9365 SW Millen Drive Tigard, OR 97224 Nancy Tanner 10940-A SW Garden Park Place Tigard, OR 97223 Lamont Dunham 1284 SW Hideaway Lane Lake Oswego, OR 97034 John Knez Sr. Knez Building Materials Co. 8185 SW Hunziker Street, Suite A Tigard, OR 97223 Chris Garsteck 11774 SW 125th Court Tigard, OR 97223 Jeff Miller 16460 SW 93rd Avenue Tigard, OR 97224 • • AFFIDAVIT OF MAILING CITY Of TTIGARD Community(Development Shaping Better Community I, Patricia L. Lunforcl, being first duly sworn/affirm, on oath depose and say that I am a Senior Administrative Specialist for the City of'iigar , Washington County, Oregon and that I served the following: (Check Appmpnate Box(s)Below) ® NOTICE OF PUBLIC HEARING FOR: F-/ CUP2002-00001/WALL STREET DOG PARK (4/15/2002) File No/Name Reference) (Date of Public Heanng) — City of Tigard Planning Director Z Tigard Hearings Officer — Tigard Planning Commission _ Tigard City Council A copy of the said notice being hereto attached, marked Exhihit"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 Exhihit"B", and by reference made a part hereof, on March 25,2002, and deposited in the United States Mail on March 25,2002, postage prepaid. (Person t . ' epared Notic- STAA off'oEGow ) County of Was ington )ss. City of ward ) Subscribed and sworn/affirmed before me on the 3) S day of , 2002. OFFICIAL SEAL 1 DIANE M JELDERKS NOTARY PUBLIC-OREGON ' ' COMMISSION NO.326578 MY COMMISSION EXPIRES SEPT.07,2003 I 'i ' ' I � I I ' I , My Commission Exvir : 7 623 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. i,�" 'Iii CITY OF TIGARD Community Development Shaping t7 Better Community CITY OF TIGARD PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY, APRIL 15, 2002 AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: FILE NO.: CONDITIONAL USE PERMIT (CUP) 2002-00001 FILE TITLE: WALL STREET DOG PARK APPLICANT: City of Tigard OWNER: Coe Manufacturing Company Attn: Duane Roberts PO Box 520 13125 SW Hall Boulevard Painesville, OH 44077 Tigard, OR 97223 REQUEST: The City of Tigard is seeking approval to construct a temporary off-leash area dog park on privately owned property. The site is a 3.8 acre undeveloped, open field. The fenced-in area of the park will occupy 1.73 acres of the property and will encircle and protect a small isolated wetland located along SW Wall Street. Site improvements include 1 ,423 feet of 5-foot-high cyclone fencing, a 6-foot-wide by 20-foot-long paved path leading into the dog park from an existing paved parking area, a portable 110-gallon water tank, benches, and picnic tables located inside the fenced area. Sixteen parking spaces within an existing parking area will be designated for dog park parking. Native vegetation is proposed to be planted around the fenced area. LOCATION: 7930 SW Hunziker Road; WCTM 2S10100, 1202 (Wall Street is a private street off of SW Hunziker Road). ZONE: I-L: Light Industrial District. The I-L zoning district provides appropriate locations for general industrial uses including industrial service, manufacturing and production, research and development, warehousing and freight movement, and wholesale sales activities with few, if any, nuisance characteristics such as noise, glare, odor, and vibration. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.390, 18.530, 18.705, 18.725 and 18.780. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390 OF THE COMMUNITY DEVELOPMENT CODE AND THE RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE HEARINGS OFFICER WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE HEARINGS OFFICER MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION LESS THAN SEVEN (7) DAYS PRIOR TO THE PUBLIC HEARING, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. A REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY HEARING (ORS 197.763(6). INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE HEARINGS OFFICER WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE HEARINGS AUTHORITY AN OPORTUNITY TO RESPOND TO THE ISSUE PRECLUDES AN APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25 ) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (250 PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER DUANE ROBERTS AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. . '41 CCTV of PI NI Mir .47 ; WALL STREET PARK DOG 177 III tit Waal Awn_ . ., I'a''■ ea..+ City nl Tigard ..,...D.. Cupol00a-ITwee)/ 2S101BD-00104 2S101BC-02501 /1i�+1 ACKERLY COMMUNICATIONS OF HUTTIG INC THE NORTHWEST INC 14500 SOUTH OUTER 40 RD 3601 6TH AVE S CHESTERFIELD,MO 63017 SEATTLE,WA 98134 2S 101 BD-00105 2S10100-00701 B R&G CO LLC JEMPAK PARTNERS LLC PO BOX 23009 7034 SW 83RD AVE TIGARD,OR 97281 PORTLAND,OR 97223 2S101 BD-001 1 2S101 BC-00100 B 0 LLC KNEZ JOHN S SR&JEANNE M PO X 2 9 8185 SW HUNZIKER RD GARD,OR 97281 TIGARD,OR 97223 2S10100-01201 2S101 BD-00300 COE MANUFACTURING CO THE PERFORMANCE CONTRACTING GROUP IN P 0 BOX 520 208 E WOODLAWN RD PAINESVILLE,OH 44077 STE#200 CHARLOTTE,NC 27217 2S10100-01202 2S10100-00700 C MAN CTURING COMPANY SMITH GERIG WESTERN PROPERTIES L PO B PO BOX 930 P NESVILLE, H 44077 WILSONVILLE,OR 97070 2S10100-00600 101 BD-00302 COLUMBIA HARDWOOD MOULDING TIG D C OF PO BOX 23365 1312 ALL TIGARD,OR 97223 T RD,0 7223 2S10100-01100 25101 BC-00103 FIELDS FRED W WETLANDS CONSERVANCY INC THE 1149 SW DAVENPORT PO BOX 1195 PORTLAND,OR 97201 TUALATIN,OR 97062 2 10100-00800 2S 101 B D-00103 Fl : FR 2 WILLAMETTE INDUSTRIES- 1149 ■ • ENPORT PREPRINT DIVISION :-TLAND,OR 97201 1300 SW FIFTH AVE STE 3800 PORTLAND,OR 97201 2S 101 DB-00300 F SF W 1149 VENPORT P TLAND,OR 97201 2S101BD-00200 GAGE INDUSTRIES PO BOX 1318 LAKE OSWEGO,OR 97035 Jack Biethan 11023 SW Summerfield Drive, #4 Tigard, OR 97224 Sue Rorman 11250 SW 82nd Avenue Tigard, OR 97223 Naomi Gallucci 11285 SW 78th Avenue Tigard, OR 97223 Michael Trigoboff 7072 SW Barbara Lane Tigard, OR 97223 Dieter Jacobs 7775 SW Spruce Street Tigard, OR 97223 Alexander Craghead 12205 SW Hall Boulevard Tigard, OR 97223-6210 David Chapman 9840 SW Landau Place Tigard, OR 97223 Nathan and Ann Murdock PO Box 231265 Tigard, OR 97281 CITY OF TIGARD - EAST CIT SUBCOMMITTEE (i:\curpin\setup\labels\CIT East.doc) UPDATED: December 27, 2001 plimi mAIF . rillial G E E .C. IATZ of TIGARD 1111111 111011W ,., II as eRmo , 4, VICINITY MAP • • i a INF" CUP2002 00001 ir 41/01! liSlio:i., , WALL STREET DOG PARK 2 Iretz<1,,, . . 4411161, ).\._ , ‘ 1 ,i ,1 _,„„ III v...„4„;:iA,,i,,,z. ! e, % '.‘ Ilk ,- , ,. -- '?4J- '1 I . , 171 ., \ IIIII III i, Tigard Area Map - 11114 ---- IIIII 111 NA ' j Rill 1111111111111111 ° 400 800 Feet ...r, 1-4 504 feet T milimilb■ , illam. it 0 ■ z IIIIIIIIIIIII ti Irkeell 1111111111111 - AU, City of Tigard - Information on this map is for general location only and should be verified with the Development Services Division. 13125 SW Hall Blvd — Tigard,OR 97223 / / 1 r ht (503)639-4171 tp://www.ci tigard.or.us Community Development Plot date: Feb 13,2002;CArnagic\MAGIC03.APR ..:4.0 Qs, U N& /• .3 44. --5- //sA). 4 / , En r 0 0 .o� „� . / Z 1 , ' a f o �► 7 re 0 N i, 1-- <or / , , u. N o .&. \I ii i- NW ' N.\,0 of \:.:-.-., 't Y C, J ,./ VI* CITY OF T I G ARD T CUP2002-00001 + SITE PLAN j WALL STREET DOG PARK (Map is not to scale) Dog Park Task Force Name Address Phone # Email Address 11320 SW Ambiance Ct. Christie Smith Tigard, OR 97223 503-639-8403 dketa @aol.com 11535 SW Durham Road, 503-684-5580(w) Michelle Sittel #C2,Tigard,OR 97224 503-620-0837(h) luckydogs @prodigy.net 9365 SW Millen Dr. Paula M. Walker Tigard, OR 97224 503-598-0454 pwalk @teleport.com 16460 SW 93rd Ave. Jeff Miller Tigard,OR 97224 503-598-9938 tigardduo @aol.com 9920 SW Riverwood Ln. Jim Garbarino Tigard, OR 97224 503-620-7215 9770 SW Riverwood Ln. Aileen Cord Tigard,OR 97224 503-624-2070 bool@easystreet.com 16455 SW 93`d Ave. Larry Galizio Tigard, OR 97224 503-639-9276 lgalizio @pcc.edu 11774 SW 125 Ct. Chris Garsteck Tigard, OR 97223 503-524-4979 - 13125 SW Hall Blvd. John Roy Tigard, OR 97233 503-639-4171,x335 johnr @ci.tigard.or.us 13125 SW Hall Blvd. Duane Roberts Tigard, OR 97233 503-639-4171,x347 duane @ci.tigard.or.us I:\lrpin\duane\dog park steering committee roster.doc • AFFIDAVIT OF POSTING NOTICE FOR A PUBLIC HEARING IMPORTANT NOTICE: THE APPLICANT IS REQUIRED TO COMPLETE THIS AFFIDAVIT AND RETURN IT TO THE CITY AT THE ADDRESS BELOW, ACCOMPANIED BY A COPY OF THE NOTICE THAT WAS POSTED ON THE SITE. City of Tigard Planning Division 13125 SW Hall Boulevard Tigard, OR 97223-8189 In the Matter of the Proposed Land Use Applications for: Land Use File Nos.: CUP2002-00001 Land Use File Name: POTS() DOG PARK I, Duane Roberts, do affirm that I am (represent) the party initiating interest in a land use proposal affecting the land located at (state the approximate location(s) IF no address(s) and/or tax lot(s) currently registered) Hunziker & Wall Street, and did personally post notice of the Public Hearing on the proposed land use application(s) by means of weatherproof posting in the general vicinity of the affected territory, a copy of said notice being hereto attached and by reference made a part hereof, on the 27th day of March, 2002. Signature of erso Who Performed Posting (In the-presence of the Notary) (THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETE/NOTARIZE) STATE OF Or , - - ) County of �a:....3{eNN ) ss. Subscribed and sworn/affirmed before me on the 1I'day of 12,,p , 200D _. =~ OFFICIAL SEAL ,/ NOTARY PUBLIC-OREGON COMMISSION NO.320082 G MY COMMISSION EXPIRES FEB.11,2003 / - NOTARY PUBLIC OF OREGON My Commission Expires: 3-e.J. I l , at lo 3 h:llogin\patty\masters\affidavit of posting for applicant to post public hearing.doc NOTICE OF PUBLIC HEARING The following will be considered by the Tigard Hearings Officer on Monday April 15, 2002 at 7:00 PM at the Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. Both public oral and written testimony is invited. The public hearing on this matter will be conducted in accordance with Chapter 18.390 of the Tigard Municipal Code, and the rules of procedures adopted by the Hearings Officer. Testimony may be submitted in writing prior to or at the public hearing or verbally at the public hearing only. Failure to raise an issue in person or by letter at some point prior to the close of the hearing accompanied by statements or evidence sufficient to afford the decision-maker an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeal based on that issue and failure to specify the criterion from the Community Development Code or Comprehensive Plan at which a comment is directed precludes an appeal based on that criterion. Further information may be obtained from the Planning Division (staff contact: Duane Roberts) at 13125 SW Hall Blvd., Tigard, Oregon 97223, or by calling 503-639-4171. 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. A copy of the staff report will be made available for inspection at no cost at least seven (7) days prior to the hearing, and copies for all items can also be provided at a reasonable cost. PUBLIC HEARING ITEM: CONDITIONAL USE PERMIT(CUP12002-00001 WALL STREET DOG PARK REQUEST: The City of Tigard is seeking approval to construct a temporary off-leash area dog park on privately owned property. The site is a 3.8 acre undeveloped, open field. The fenced area of the park will occupy 1.73 acres of the property and will encircle a small isolated wetland located along SW Wall Street. Site improvements include 1 ,423 feet of 5-foot-high cyclone fencing, a 6-foot-wide by 20-foot-long paved path leading into the dog park from an existing paved parking area, a portable 110-gallon water tank, benches, and picnic tables located inside the fenced area. Sixteen parking spaces within an existing parking area will be designated for dog park parking. Native vegetation is also proposed to be planted around the fenced area. LOCATION: 7930 SW Hunziker Road; WCTM 2S10100, 1202 (Wall Street is a private street off of SW Hunziker Road). ZONE: I-L: Light Industrial District. The I-L zoning district provides appropriate locations for general industrial uses including industrial service, manufacturing and production, research and development, warehousing and freight movement, and wholesale sales activities with few, if any, nuisance characteristics such as noise, glare, odor, and vibration. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.390, 18.530, 18.705, 18.725 and 18.780. 94 1 . �� OEOORA►MIC INFORMATION SYSTEM Je, V♦ `�� ioNtic. 111111110.1 S44/ � *qI7 (500')• W*1* 4, � i � R. DuaneRoberts, N,,,,„�' UP 2002-00001 L ST. DOG PARK ,N ,..\\ -41- , , �1,,�� Property owner information is valid for 3 months from rillbik the date printed on this map. V >.rnEEaE I..... \\,\. 1111110111,1 111, 41M if WIN • iv , 1 A filL IN IIi N 1 igg 1.11 4 ■ I is,-". . 0 X00 800 Feet I I I 'hail_ là I . ra. ,L,I. 1 - ■ City of Tigard 1 Information on this ma is for eneral Iota ion nl KS■ T(503)53 9171 . I (503)63Y-tt71 Nai , htlpRomm.a.0pad.arms Community Development Plot date:Mar 25,2002;C:lmagic\MAGIC03.APR 2S101BD-00104 2S101BC-02501 ACKERLY COMMUNICATIONS OF HUTTIG INC THE NORTHWEST INC 14500 SOUTH OUTER 40 RD 3601 6TH AVE S CHESTERFIELD, MO 63017 SEATTLE, WA 98134 2S101BD-00105 2510100-00701 B R&G CO LLC JEMPAK PARTNERS LLC PO BOX 23009 7034 SW 83RD AVE TIGARD,OR 97281 PORTLAND,OR 97223 25101 BD-001,1 2S 101 BC-00100 B 'OLLC KNEZJOHNSSR&JEANNEM PO '•X 2 i 79 8185 SW HUNZIKER RD " GARD,OR 97281 TIGARD,OR 97223 2S10100-01201 2S101BD-00300 COE MANUFACTURING CO THE PERFORMANCE CONTRACTING GROUP IN P 0 BOX 520 208 E WOODLAWN RD PAINESVILLE,OH 44077 STE#200 CHARLOTTE, NC 27217 2S10100-01202 2S10100-00700 CO'E.MAN CTURING COMPANY SMITH GERIG WESTERN PROPERTIES L PO B PO BOX 930 P NESVILLE,OH 44077 WILSONVILLE,OR 97070 2510100-00600 101BD-00302 COLUMBIA HARDWOOD MOULDING TIG•"D C OF PO BOX 23365 1312 :0 ALL TIGARD, OR 97223 T 'ARD,OR 7223 2S10100-01100 2S101BC-00103 FIELDS FRED W WETLANDS CONSERVANCY INC THE 1149 SW DAVENPORT PO BOX 1195 PORTLAND,OR 97201 TUALATIN,OR 97062 2 10100-00800 2S101 BD-00103 Fl a FR WILLAMETTE INDUSTRIES- 1149 I • ENPORT PREPRINT DIVISION 'TLAND,OR 97201 1300 SW FIFTH AVE STE 3800 PORTLAND,OR 97201 2 S 101 D B-00300 Fl S F W 1149 VENPORT P RTLAND, OR 97201 2S101BD-00200 GAGE INDUSTRIES PO BOX 1318 LAKE OSWEGO, OR 97035 Jack Biethan 11023 SW Summerfield Drive, #4 Tigard, OR 97224 Sue Rorman 11250 SW 82nd Avenue Tigard, OR 97223 Naomi Gallucci 11285 SW 78th Avenue Tigard, OR 97223 Michael Trigoboff 7072 SW Barbara Lane Tigard, OR 97223 Dieter Jacobs 7775 SW Spruce Street Tigard, OR 97223 Alexander Craghead 12205 SW Hall Boulevard Tigard, OR 97223-6210 David Chapman 9840 SW Landau Place Tigard, OR 97223 Nathan and Ann Murdock PO Box 231265 Tigard, OR 97281 CITY OF TIGARD - EAST CIT SUBCOMMITTEE (i:\curpin\setup\Iabels\CIT East.doc) UPDATED: December 27, 2001 APPLICANT MATERIALS CONDITIONAL USE 4111 TYPE III APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223(503) 639-4171 FAX: (503) 684-7297 PRE-APP. HELD WITH: GENERAL INFORMATION DATE OF PRE-APP.: 7q O Property Address/Location(s): � � =3 / 0 `) FOR STAFF USE ONLY t-- Tax Map & Tax Lot#(s): z,S/ ! /Z 0 Z ( ) /j�� n T —0660 J Case No. s : / Other Case No.(s): Site Size: c� 7 P Receipt No.: VY 4 J• ` Application Accept d By:; /lam Applicant*: �/ 'y c� T / ct ic/ Date: / - Address: /J/Z 5 / c_..) o %/Q.__ City/State: // G „ ct c)/).-'Zip: 27- Date Determined Complete: 10- Primary Contact: Z__Dc-f c h (9-- AD 6 54-/---tj Rev.8/21/2001 is\curpinl masters\revised\cua.doc Phone: 1-4 3 Z'j/ .3 7 Fax:y-(0 6/ Property Owner/Deed Holder(s)*: (Attach list if more than one) REQUIRED SUBMITTAL ELEMENTS < , R A c, ,r.„_f-� f) _ (Note: applications will not be accepted /% without the required submittal elements) Address: PO A,X 5-2_,C, Phone: City/State: /Jc i c,/ Zip: '/--c/o 7 7 Ere- Application Form Et/ Owner's Signature/Written Authorization When the owner and the applicant are different people, the applicant ❑r Title Transfer Instrument or Deed must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owner(s) ❑ Copy of Pre-Application Conf. Notes must sign this application in the space provided on the back of this ❑ Site/Plot Plan form or submit a written authorization with this application. (#of copies based on pre-app check list) PROPOSAL SUMMARY ❑ Site/Plot Plan (reduced 8'/2"x 11") ❑ Applicant's Statement The owners of record of the subject property request Conditional (#of copies based on pre-app check list) CWS Sewer Use Information Card Use approval to allow (please be specific): ❑ (Distributed/completed at application submittal) J/ A./A ,r, ,L f Q7 c` jl�►, ❑ CWS Service Provider Letter A-A C/O j2 p (7 - ! �� J ❑ 2 Sets of Pre-Addressed/Pre-Stamped / #10 Envelopes & Copy of 500' Property o h / / k_/;,),p_Ld Owner List Generated by the City /2 0,-74-/ o ,� c/ �� 74a- � 74--/ It Neighborhood Mtg. Affidavits & Notes /� / o \O\ Filing Fee (City) $1,615.00 h (Urban) $2,126.00 1 List any VARIANCE, SENSITIVE LANDS PERMIT, OR OTHER LAND USE ACTIONS to be considered as part of this application: APPLICANTS: To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the"Required Submittal Elements" box. (Detailed Submittal Requirement Information sheets can be obtained, upon request,for all types of Land Use Applications.) THE APPLICANT(S) SHALL CERTIFY THAT: ♦ The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. ♦ If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. ♦ The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. DATED this Di' C day of / 2 , 20 0 Owner's Signature / Owner's Signature Owner's Signature Owner's Signature 2 AI=rIDAVIT OF MAILING/POSTING NEIGHBORPtJ 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: 7�� I, /✓` �``' ''Z- ° '✓ �/ being duly sworn, depose and say that on the 2— day of 1)`5L 20 v( , I caused to have mailed to each of the persons on the attached list, a notice of a meeting to discuss a proposed development at (or near) // JT-i— - 3—74--- , 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 T S 4 r c/ with postage prepaid thereon. Signature (In the resence of a Notary Public) POSTING: I, " (--- /2 / J �' lo affirm that I am (represent) the party initiating interest in a proposed �J O y /.7 q ,-/C L.( affecting the land located at (sta a the approximate location(s) IF no address(s) a'nd/or tax lot(s)currently r gistered) // /` r and did on the Z`( day of 20 o personally post notice indicating that the site may be proposed for a Q p/ !2 application, and the time, date and place of a neighborhood meeting to discuss the proposal. The sign was posted at t"--) a /7 ✓ / ` ���� (state location you posted notice on property) Signature presence of a Notary Public) (THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETE/NOTARIZE) STATE OF nt."el, ) County of 4.0 4s 4,L4 ) ss. f Subscribed and sworn/affirmed before me on the 2-/ day of e c P b e , 20 O I . OFFICIAL SEAL ',.. SHERMAN S.CASPER NOTARY PUBU :,;9' COMMISSION NO.3 (R9EGION MY COMMISSION EXPIRES E?AY13,2003 NOTARY PUBLIC OF My Commission Expires: Applicant, please complete the information below: NAME OF PROJECT OR PROPOSED DEVELOPMENT: TYPE OF PROPOSED DEVELOPMENT: Address or General Location of Subject Property: Subject Property Tax Map(s)and Lot#(s): h:Uogin\patty\masters\affidavit of mailing-posting neighborhood meeting.doc 25 101 BD-00105 2S10100-00701 AK FLORIDA OUTDOOR INC JEMPAK PARTNERS LLC BY THE ACKERLEY GROUP INC 7034 SW 83RD AVE 1301 5TH AVE STE 4000 PORTLAND,OR 97223 SEATTLE,WA 98101 25 101 B D-00101 2S 10100-00600 B R&G CO LLC JEMPAK PARTNERS LLC PO BOX 23009 7034 SW 83RD AVE TIGARD,OR 97223 PORTLAND,OR 97223 2510100-01201 2S101BC-OO1o0 COE MANUFACTURING CO THE KNEZ JOHN S SR&JEANNE M P 0 BOX 520 8185 SW HUNZIKER RD PAINESVILLE,OH 44077 TIGARD,OR 97223 2510100-01202 2S 101 BD-00300 COE MANUFACTURING COMPANY LOSLI E HOWARD TRUSTEE AND PO BOX 520 SEABROOKE CAROL ET AL PAINESVILLE,OH 44077 BY PERFORMANCE CONTRACTING INC 208 E WOODLAWN RD#200 CHARLOTTE,NC 28217 2S101BD-00104 2510100-00700 EAST SIDE VAN AND STORAGE SMITH GERIG WESTERN PROPERTIES L INC PO BOX 930 4836 SE POWELL WILSONVILLE,OR 97070 PORTLAND,OR 97206 2S101DB-00300 2S101BD-00302 FIELDS FRED W TIGARD CITY OF 1149 SW DAVENPORT 13125 SW HALL PORTLAND,OR 97201 TIGARD,OR 97223 2510100-00800 2S101BC-00103 FIELDS FRED W WETLANDS CONSERVANCY INC THE 1149 SW DAVENPORT PO BOX 1195 PORTLAND,OR 97201 TUALATIN,OR 97062 2510100-01100 2S101BD-00103 FIELDS FRED W WILLAMETTE INDUSTRIES- 1149 SW DAVENPORT PREPRINT DIVISION PORTLAND,OR 97201 1300 SW FIFTH AVE STE 3800 PORTLAND,OR 97201 2S 101 BD-00200 GAGE INDUSTRIES PO BOX 1318 LAKE OSWEGO,OR 97035 2S101 BC-02501 HUTTIG INC 14500 SOUTH OUTER 40 RD CHESTERFIELD,MO 63017 2S 101 B D-00105 2S10100-00701 AK FLORIDA OUTDOOR INC JEMPAK PARTNERS LLC BY THE ACKERLEY GROUP INC 7034 SW 83RD AVE 1301 5TH AVE STE 4000 PORTLAND,OR 97223 SEATTLE,WA 98101 2S 101 BD-00101 2S 100-00600 B R&G CO LLC JEMPA PARTNERS LLC PO BOX 23009 7034 SW D AVE TIGARD,OR 97223 PORTLAND, R 97223 2 10100-01201 2S101BC-00100 CO MANUFACTURING CO THE KNEZ JOHN S SR&JEANNE M P O B 520 8185 SW HUNZIKER RD PAINES LE,OH 44077 TIGARD,OR 97223 2510100-01202 2S101BD-00300 COE MANUFACTURING COMPANY LOSLI E HOWARD TRUSTEE AND PO BOX 520 SEABROOKE CAROL ET AL PAINESVILLE,OH 44077 BY PERFORMANCE CONTRACTING INC 208 E WOODLAWN RD#200 CHARLOTTE,NC 28217 2S 101 BD-00104 2S10100-00700 EAST SIDE VAN AND STORAGE SMITH GERIG WESTERN PROPERTIES L INC PO BOX 930 4836 SE POWELL WILSONVILLE,OR 97070 PORTLAND,OR 97206 2S 101 DB-00300 2S 101 B D-00302 IELDS FRED W TIGARD CITY OF 1 9 SW DAVENPORT 13125 SW HALL PO TLAND,OR 97201 TIGAREJ OR 97223 2S10100-00 0 2S101BC-00103 FIELDS FR W WETLANDS CONSERVANCY INC THE 1149 SW DA NPORT PO BOX 1195 PORTLAND,0 97201 TUALATIN,OR 97062 2S10100-01100 2S 101 BD-00103 FIELDS FRED W WILLAMETTE INDUSTRIES- 1149 SW DAVENPORT PREPRINT DIVISION PORTLAND,OR 97201 1300 SW FIFTH AVE STE 3800 PORTLAND,OR 97201 2S 101 BD-00200 GAGE INDUSTRIES PO BOX 1318 LAKE OSWEGO,OR 97035 2S101BC-02501 HUTTIG INC 14500 SOUTH OUTER 40 RD CHESTERFIELD,MO 63017 CITY OF TIGARD COMMUNITY INVOLVEMENT TEAM (CIT) SUBCOMMITTEES WEST CIT EAST CIT SOUTH CIT CENTRAL CIT Craig Smelter Naomi Gallucci Jack Biethan Don & Dorothy Erdt PO Box 1467 11285 SW 78th Avenue 11023 SW Summerfield Drive, #4 13760 SW 121" Avenue Tualatin, OR 97062 Tigard, OR 97223 Tigard, OR 97224 Tigard, OR 97223 Judith Anderson Sue Rorman Kristen Miller Ellen Beilstein 16640 SW Jordan Way 1 1250 SW 82nd Avenue 8940 SW Edgewood Street 14630 SW 139th Avenue King City, OR 97224 Tigard, OR 97223 Tigard, OR 97223 Tigard, OR 97224 Kevin Hogan Dieter Jacobs Paul Owen Brooks Gaston 14357 SW 133rd Avenue 7775 SW Spruce Street 10272 SW Meadow Street Tigard, OR 97223 10335 SW Highland Tigard, OR 97223 Tigard, OR 97224 Tigard, OR 97224 Harold and Ruth Howland Alexander Craghead Jack Biethan 13145 SW Benish 12205 SW Hall Boulevard Louise Fronville 11023 SW Summerfield Drive, #4 15760 SW Oak Meadow Lane Tigard, OR 97224 Tigard, OR 97223 Tigard, OR 97223-6210 Tigard, OR 97224 Jon Sirrine Michael Trigoboff Martha Bishop J oboff g Tim Esav 10590 SW Cook Lane 12761 SW 133rd Avenue 7072 SW Barbara Lane PO Box 230695 Tigard, OR 97223 Tigard, OR 91223 Tigard, OR 97223 Tigard, OR 97281 Jack Biethan Vanessa Foster Gretchen Buehner h 13 J 13085 SW WHoward Drive 13249 SW 136th Place 11023 SW Summerfield Drive, #4 Tigard, OR 97223 Tigard, OR 97224 Tigard, OR 91224 Susan Beilke Jack Biethan David Chapman 11755 SW 114th Place 11023 SW Summerfield Drive, #4 9840 SW Landau Place Tigard, OR 97223 Tigard, OR 97224 Tigard, OR 97223 Beverly Froude 12200 SW Bull Mountain Road Ti:ard, OR 97224 PLEASE NOTE: In addition to all property owners within 500 feet of the subject site, notice of meetings on land use proposals shall be sent to all names on this list. i:\curplmmasters\revised\CIT Subcommittees.mst (Revised: 5-Dec-01) -AO• SAMPLE NOTICE CONCERNING NEIGHBORHOOD MEETING 12/21/01 PROPERTY OWNER RE: Proposed City Dog Park Dear Interested Party: The City of Tigard is proposing to use the property located at Wall Street between the two Coe Manufacturing industrial buildings for the establishment and operation of a public Dog Park or fence off leash area for dogs. The City is proposing to submit a conditional use application to allow the use at this location. Prior to applying to the City of Tigard for the necessary permits, 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: January 8, 2002 5:30 to 7:00 Tigard Water District Auditorium 8777 SW Burham Street Please notice this will be an informational meeting on preliminary plans. These plans may be altered prior to the submittal of the application to the City. I look forward to more specifically discussing the proposal with you. Please cal! Duane Roberts, 639-4171 x 347 if you have any questions. Sincerely, Duane Roberts Associate Planner h:\patty\masters\cit-ltr.mst ( *% .- N p rili ti 1 44 . Wow ow 4 M*44W II lk* Pi H 11 EB . WA V% 0 10 4Wtg4IIV gat NNW , '.9iMfgl tvio7SII :Adikl‘ oollk ,. ‘IF II 44 •1•l imosalg .41 so R mu ill EN ■ AWN sT minimbik i low_ mow mare MI i 7/ Mil ' MIMI a 911 sme kin... Minutes of Dog Park Neighborhood Meeting No one attended the Neighborhood Meeting during the one-hour period scheduled for the meeting. 6 Ak. r ra:fivL City of Tigard Dog Park CU Proposal Proposal Summary The proposed project is the construction of a City of Tigard off-leash area or dog park on privately owned property. This site is a 3.8-acre undeveloped, open field, located along Wall Street, near Hunziker Road. The land slopes from east to west, from 159' to 144' elevation. The fenced area of the park will occupy 1 .73 acres of the property. The easternmost portion of the fenced area will be located parallel to and 150 feet away from Ball Creek, which flows along the eastern edge of the parcel boundary. The fencing will encircle a small isolated wetland located along Wall Street. No grading or alteration of topographic contours is proposed. The project will not intrude into a floodplain, wetland, drainageway, or required vegetated corridor area. Site improvements include 1 ,423 feet of 5-foot high cyclone fencing, a 6' wide by 20' long paved path leading into the dog park from an existing paved parking area. A portable 110-gallon water tank, benches, and picnic tables located inside the fenced area. Sixteen spaces within an existing parking area will be designated for dog park parking. Landscaping improvements around the fenced area are proposed. The hours of operation will be from 4:30 PM to dusk on weekdays, and from dawn to dust on holidays and weekends. The park will be operated and maintained by the City of Tigard as a public recreation facility. A two-sided sign, which will include a list of rules for park users and space for dog- related event announcements, is proposed. Scopes and bags will be available on-site for the disposal of dog waste in designated containers. Volunteers will provide daily, on-going maintenance. City park crews will provide weekly maintenance, including mowing, trash barrel pick-up, water tank fill-up and other needed service work. Applicable Sections of the Community Development Code: 18.330 Conditional Use. Table 530.1 and footnote 10: Outdoor Recreation is allowed as Conditional Use in the I-L zoning district on . . . "land located outside the floodplain as show on City flood maps, when the Recreation Use is temporary and does not otherwise preclude allowed uses or Conditional Uses other than Recreation within the district". The present proposal meets this condition, because the land in question is privately owned and the proposed use is allowed under a revocable easement agreement. The land currently is designated for the future expansion of the existing industrial operation, the manufacture of plywood manufacturing equipment. Under the terms of the signed lease, the owner has the right to terminate the agreement for any reason, including the need to use the land to expand the existing industrial operation, by providing 90 days written notice to the City 18.330.050B.5 Community Recreation and Parks: a. All building setbacks shall be a minimum or 30 feet from any property line; b. There are no off-street parking requirements, except that five automobile parking spaces are required for a dog park or off-leash area with a fenced area of one acre or more, along with an approved parking plan for anticipated peak use periods. Off-site peak use or overspill parking shall required a signed agreement with the landowner providing the additional parking. . . . " The present proposal meets the described setback and parking requirements, because the proposal does not include the construction of any structures on the site and because the easement agreement for the use of the land includes a provision (Easement Agreement 1. Grant of Easement, Use and Restrictions) designating 16 paved parking spaces for dog park users. With regard to parking, as indicated in subsection "b", the code imposes a 5 parking space requirement for a dog park with a fenced area of one acre or more. The code also requires an approved plan for peak use periods, but does specify the number of additional spaces required. The dog park easement agreement provision provides triple the number of required parking spaces, plus one additional space. Since the number of spaces provided exceeds the required number and the overspill standard is not quantified, the 16 paved spaces are presumed to meet the required and overspill parking standards. 18.390 Decision-Making Procedures apply to quasi-judicial permits and actions that predominately contain discretionary approval criteria. Type II actions involving a Conditional Use are decided by the Hearings Officer. This is the procedure applicable to the proposed dog park conditional use application. 18.705 Access/Egress/Circulation The dog park will be assessed via an exiting street, the private Wall Street, which connects to Hunziker Street. Hunziker is classified as a major collector. The parking area serving the dog park is located within the existing Coe Manufacturing employee parking area. 18.725 Environmental Performance Standards No federal and state environment laws apply to the proposed activity, except that 18.725.030.A: Odors and 18.725.030: Noise. Vacant land brackets the project on two sides. Daily and weekly maintenance is designed to prevent odors, if any, from becoming a problem for the existing on-site industrial use or for future development on the vacant property located opposite the dog park on Wall Street. 18.755 Mixed Solid waste/Recycling Storage The proposed use does not involve mixed solid waste or recyclable materials. A minimum of two trash receptacles with metal lids will be placed inside the fenced area for the disposal of dog waste. The receptacles will be emptied once per week. A minimum of two plastic bag and scopes dispensers will be placed inside the fenced area. 18.780.130. Zoning District Regulations F. In industrial zones 5. Lawn signs in accordance with sections 18.780.060 A.1 and B.2. Signs 18.780.060 Permit Exemptions. Exemptions from permit requirements include: 1. Lawn signs which do not exceed the maximum allowable area on one premise regardless of the number of signs as follows: B. Requirements for exempted signs. "All signs exempt from permit requirements under Subsection A above shall meet the following requirements. 1. The sign shall be erected on private property with the consent of the lawful possessor of the property and shall not be placed on utility poles or in the public right-of-way; . . ." A two-sided 3' x 4' sign is proposed. The 18.780.060.A.1& 2 do not specify the maximum allowable area of a lawn sign or signs in the I-P zoning district. Code sections that do not apply to the project and are not addressed in the project proposal: According the attached report, an approximately 2,500 square foot swale located along Wall Street is an isolated wetland. The wetland is not identified on the City's inventory of significant wetlands. State and federal regulations do not apply to the present proposal because the site plan avoids the wetland area by separating it from the off- leash area by a perimeter fence. The Sensitive Lands Chapter, 18.775, does not apply because the proposed use is not located within the floodplain and does not disturb a wetland area. The depressed area located west of the swale, as shown on topographic maps does not meet the definition of a drainageway, as quoted below. This is because, according to the engineering division, the peak flow or overflow from the swale during a storm event is too small to calculate. 18.120.030.A.59 Drainageway — Undeveloped land inundated during a 25- year storm with a peak flow of at least five cubic feet per second and conveyed, at least in part, by identifiable channels that either drain to the Tualatin River directly or after flowing through other drainage ways, channels, or creek or floodplain." The Water Resources Overlay District, 18.797, does not apply to the proposal because the wetland is not included on the "Tigard Wetlands and Riparian Corridors Map" of significant wetlands. According to 18.797.030.A "The WR overlay applies to all significant wetlands and streams . . . that appear on the Tigard Wetlands and Stream Corridors Map". The CWS stormwater connection permit, which applies to all "development" within the territory of the City under the City of Tigard's agreement with Clean Water Services, also does not apply in this case, because the proposed project does not meet the CWS's definition of development, provided below. No land division, or activity requiring a building or fill permit, or clearing of a required vegetated corridor as part of the project is proposed. A. CWS Stormwater Connection permit. All proposed "development", must obtain a Stormwater Connection Permit from the Clean Water Services (CWS) pursuant to CWS " Design and Construction Standards" as adopted 2/7100. As used in this chapter, the meaning of the word "development" shall be as defined in CWS's "Design and Construction Standards" Section 1.02.15: "all human-induced changes to improved or unimproved real property including: construction of structures requiring a building permit, if such structures are external to existing structures; land division; drilling; site alterations resulting from surface mining or dredging, grading; construction of earthen berms; paving; excavation; and clearing when it results in the removal of trees or vegetation which would require a permit from the local jurisdiction or an Oregon Department of Forestry tree removal permit. The following activities are not included in the definition of development: farming activities when conducted in accordance with accepted farming practices as defined in ORS 30.930 and under a Senate Bill 1010 water quality management plan; construction, reconstruction, or modification of a single family residence on an existing lot of record subject to ORS 92.040(2); and any development activity for which land use approvals have been issued pursuant to a land use application submitted to a land use authority on or before 02/04/2000 and deemed complete by the land use authority on or before 03/15/00. 18.360 Site Development Review Per 18.360.020.A., this section does not apply to any proposed development that has a valid conditional use approval. The present application is seeking a condition use approval through the conditional use permit application process. 18.720 Design Compatibility Standards Does not apply because the zoning districts on and adjacent to the site in questions are zoned for industrial use. The code section applies to projects where the abutting property is zoned for residential development. 18.745 Landscaping and Screening Standards This section does not apply, because the temporary outdoor recreational use does not result in the need for additional on-site parking. Where the provisions of 360 do not apply, the Director shall approve or deny a landscaping plan submitted under the provisions of the chapter. Although not mandatory, the planting of native vegetation around the perimeter of the fence is scheduled to take place during the fall planting season. 18.795 Visual Clearance Areas No new parking areas are proposed. 18.810 Street and Utility Improvement Standards According to the City Development Review Engineer, this section does not apply to the proposal. I/Irpn/dr/dogpark.Cuproposal.coesite Tigard Dog Park CUP 2002-00001 Impact Study Background The proposed project is the construction of a City of Tigard off-leash area or dog park on privately owned property. This site is a 3.8-acre undeveloped, open field, located along Wall Street, near Hunziker Road. The land slopes from east to west, from 159' to 144' elevation. The fenced area will occupy 1 .73 acres of the property. The easternmost portion of the fenced area will be located parallel to and 150 feet away from Ball Creek, which flows along the eastern edge of the parcel boundary. The fencing will encircle a small isolated wetland located along Wall Street. No grading or alteration of topographic contours is proposed. The project will not intrude into a floodplain, wetland, drainageway, or required vegetated corridor area. Site improvements include 1 ,423 feet of 5-foot high cyclone fencing, a 6' wide by 20' long paved path leading into the dog park from an existing paved parking area. A portable 110-gallon water tank, benches, and picnic tables located inside the fenced area. Sixteen spaces within an existing parking area will be designated for dog park parking. Landscaping improvements around the fenced area are proposed. The hours of operation will be from 4:30 PM to dusk on weekdays, and from dawn to dust on holidays and weekends. The park will be operated and maintained by the City of Tigard as a public recreation facility. A two-sided sign, which will include a list of rules for park users and space for dog- related event announcements, is proposed. Scopes and bags will be available on-site for the disposal of dog waste in designated containers. Volunteers will provide daily, on-going maintenance. City park crews will provide weekly maintenance, including mowing, trash barrel pick-up, water tank fill-up and other needed service work. Sanitary Sewer The City has no present or future plans to install restrooms at the dog park. A sanitary sewer service lateral will not be extended to the project site from the existing main line located along Ball Creek. Water Supply A 110-gallon portal water tank will provide drinking water for the pets of park users. Initially, the tank will be filled once per week. A drinking fountain will not be provided for pet owners. The existing main will not be tapped to provide a service line for the proposed project. Storm Drainage Runoff from the proposed fenced area will be sheet flow over the average 4% slope of the project area. The area is bordered on its upper and lower sides, respectively, by Wall Street and Ball Creek. The lower end of the fenced portion of the site will be located 150 feet away from the edge of the creek and associated wetlands. Schools Since no residences are associated with the proposed project, no impact on the school system is anticipated. Power/Telephone/Cable Television No power, telephone, or cable services are associated with the proposed project. Parks The proposed project will increase the variety of park services available in the community. With the exception of a small (1/4-acre), temporary dog park located on Ash Street, the proposed park will be the first facility of its kind in the City park system. The need for three dog parks is identified in the Tigard Park System Master Plan. Noise Impacts The project site is located within and surrounded by industrial land uses. The light industrial land uses generate more noise than will the dog park. The barking and vehicular noise generated by park users should have no sound impact on residential areas, the nearest of which is located some 800 feet away and separated by a dense stand of tall trees from the project site. Transportation SW Hunziker Street, designated as a major collector, serves the project site. Trips generated by the park will be concentrated from 4:30 PM to dusk on weekdays and from dawn to dusk on weekends. These periods reflect the park's hours of operation. It is highly unlikely the project will add significantly to traffic on Hunziker, which, according to City traffic counts, is in the 7,000 trips per day range. I/Irpn/dr/dogpark.coe.impact study CAzx — 4040/ After Recording Return To: City Records City of Tigard 13125 SW Hall Blvd. Tigard, Oregon 97223 No Change in Tax Statements EASEMENT AGREEMENT THIS EASEMENT AGREEMENT ("Agreement") is made on January '- 2002, by and between _ f r � �// C� , 4 ,. ("Grantor") and THE CITY OF TIGARD, an Oregon municipal corporationf,Gram'). Recitals A. Grantor is the owner of certain real property located in the City of Tigard, Washington County, State of Oregon and more particularly described in Exhibit "A" attached and incorporated herein (the "Grantor Property"). B. Grantor is desirous of granting to Grantee, for the public benefit, a perpetual easement for use of a portion of the Grantor Property as an off-leash dog park, subje ct, however, to possible termination by Grantor. Grantee is desirous of obtaining such an easement from Grantor. C. The parties intend to provide in this Agreement for the grant of such an easement by Grantor to Grantee, and to set forth the terms and conditions that shall apply to the use and possible termination of such easement. Agreement 1 . Grant of Easement, Use and Restrictions. Grantor, as a dedication to Grantee for the benefit of the public and for zero Dollars consideration paid, does hereby grant unto Grantee, its successors and assigns, a permanent, exclusive easement, subject to termination by Grantor as described below, for the purposes of construction, reconstruction, operation, and maintenance of an off-leash dog park for the use and benefit of the general public on, over, under and across that portion of the Grantor Property described in Exhibit "B" attached and incorporated herein (the "Easement Area"). The Easement Area shall be open to the general public on a daily basis except Monday through Friday between the hours of 6:00 AM and 4:30 PM. In addition, the Easement Area shall be open to the public on every legal holiday, observed by Grantor, which occur Monday through Friday. On Monday through Friday of each week (except for legal holidays observed by Grantor) Grantor also grants to Grantee, for the use of persons accessing the Easement Area, to sixteen (16) designated parking spaces. These designated parking spaces are located on the Grantor Property, and identified in the drawing attached as Exhibit "C" and incorporated herein (the "Parking Spaces"). Grantee shall install on the Grantor's property signs or other means of identifying the Parking Spaces, in a form, at one or more locations, and with content (which shall include appropriate warnings permitting towing away of vehicles improperly using the Parking Spaces) acceptable to Grantor in the exercise of Grantor's reasonable discretion. On legal holidays observed by Grantor and each Saturday and Sunday, members of the general public using the Easement Area may park in any unoccupied parking space on the Grantor Property. Grantee shall be responsible for enforcement of the restrictions on use of the Parking Spaces, other parking spaces on the Grantor Property, contained herein. The limitations on the times of permitted use of the Easement Area and the Parking Spaces are intended to promote public safety and avoid interference and conflicts with the operation of the Grantor's facility. 2. Improvements, Repairs and Maintenance. Grantee shall be responsible for the placement or construction of all improvements to the Easement Area necessary for the permitted use, and shall be responsible for all maintenance of the Easement Area required to maintain the Easement Area in a safe and healthful condition, including but not limited to the mowing of the lawn area(s) as needed. Upon the initial installation of improvements, and upon each and every occasion that the same be repaired or removed, Grantee shall remove all debris and leave the ground surface in a neat and presentable condition, buildings and improvements to be restored as near as possible to as good a condition as the same were in prior to any such installation. 3. Name of Dog Park. The City agrees that it shall designate the name of the dog park to be operated within the Easement Area by officially naming the same "Potso Dog Park" and will, during the term of this Agreement, maintain one or more signs on the Easement Area identifying the Easement Area by said name. 4. Additional Consideration. As additional consideration for the easement granted by this Agreement, the City agrees that it shall, on behalf of the Grantor, aggressively pursue such property tax relief as may be available for the property of which the Easement Area is a part. The obligation of the City to pursue such tax relief shall be limited to the making of timely and appropriate application(s), and prosecuting administrative appeals from any denial of such application(s), but the City shall not be obligated to initiate any court or other action in the event such administrative appeals are denied. 5. Indemnity. To the extent permitted by statute and the Oregon Constitution, Grantee agrees to indemnify and hold harmless the Grantor from any and all claims, harm, loss and damage arising from the use of the Easement Area by the Grantee and the general public, excluding any claims, harm, loss and damage that may be a result of the gross negligence or intentional act of Grantor, its agents, representatives and assigns. At all times during the existence of the easement, The City will carry public liability insurance which shall name Grantor as an additional insured as to claims which may arise from use of the Easement Area or the Grantor property pursuant to the Agreement. 6. Term of Easement/Grantor's Right to Terminate. The easement granted herein shall be perpetual unless Grantor shall exercise its right of termination as hereafter provided. Grantor may terminate the easement granted herein at any time by written notice to Grantee delivered not less than ninety (90) days prior to the date of termination specified in the notice. In the event Grantor shall terminate the easement as provided herein, Grantee shall vacate the Easement Area on or before the termination date specified in Grantor's notice, and shall restore the Easement Area to as close to its original condition as is practicable, subject to normal wear and tear. 7. Notices. All notices given pursuant to this Agreement shall be delivered in person or by certified or registered mail, return receipt requested and postage or delivery charges prepaid, and shall be deemed received on the date of personal delivery or three (3) calendar days after deposit with the United States Postal Service or another reputable carrier such as Federal Express, addressed to the mailing address of the party to whom such notice is directed. 8. Attorneys' Fees. In the event any action, including arbitration and actions pursuant to the bankruptcy laws, shall be instituted to interpret or enforce the terms of this Agreement, the prevailing party in such action shall be entitled to an award of reasonable attorneys' fees and costs of action at trial and on appeal and review. 9. Entire Agreement. This Agreement contains the entire understanding of the parties with respect to the subject matter hereof, and supercedes any prior discussion, negotiation and communication between the parties regarding said subject matter. The effectiveness of this Agreement is subject to approval by the Tigard City Council. This Agreement may only be amended by written instrument executed by the parties hereto. GRANTEE: THE CITY OF TIGARD, an Oregon municipal corporation BY: L///10/VAI MA/ Its: (Insert Title) C, 7`y "1/1/4"e/2- STATE OF OREGON ) ss COUNTY OF �ll��m �n ) Personally appeared before me this r ay of .tre.ti_L , 2002, the above-named U , who, bein duly sworn, did say tha®h /she is the C £/-u hna mow � of the City of Tigard, an Oregon municipal corporation, and that said instrumenas signed on behalf of said corporation, and acknowledged said instrument to be his voluntary act and deed. p((AuLtAft,t, ur ea. NOTARY PUBLIC for Orego� r' ;.� oF1=1 VAL.SEAL ,�. , CATt? 4 IN! My commission expires: //6/0--3 �=-- D WtiEATLEY NOTARY PUBLIC-OREGON COMMISSION NO.322993 MY COMMISSION EXPIRES MAY 10,2003 GRANTOR: By: Ft /a k ywk - 41 Its: (Insert Title) V / c7 STATE OF OREGON ) ss COUNTY OF Personally appeared before me this-jday o : �__ ,_l – _ , 2002, the above-named • , . who -aeing duly swan, did say that he/I;he is the VP/GM o • •- - MBA (n, . , and that said instrument was signed on behalf of said corporation, and acknowledged said instrument to be • volunta act and deed. NOTARY PUBLIC f r Oregon 9 OFFICIAL SEAL oLWISE My commission expires: . 1 \ a.00a.3 " NOTARY 0 MY COMMISSION EXPIRES FEB.11,2003 �. G:\Real_Estate\Tigard\DogParkEasement\Easement6(011402).doc v. 4•1 4• . 4, , • • . ••+ ' li,;.7.:. : "• I. • • ' f- .:;LIoli:..z... - L• 4 •'- • - 2e.6.--111), 14 • : ...:*v . .•4.4..••:.•1 •0,4. 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RIXIMBIRID, That on this >1 day of April, •• .. . .., 1959, before me, the undersigned,'a notary public in and • '.• 4.:'. for said County and State, personally appeared the with- • • . - - • .•.. . . ..-• et' •• •'• . in named 0E01101 I. LOCXXLM and )el); //, LOCI:1We, huabend . . :. .... ... and wife, who are known to me to be the identical individuals . • -.. • . . •.„..: ! described in and who executed the within instrument and '••': --- • . acknowledged to me that they extrouted the same freely and r. .. •• .• , voluntarily. . .... IN TESTDSONT iellltRI.OF, I hare hereunto set lay . • • . hand and official seal the day and year last above written. • • . • • IL 17.BCCX,r13TILTI 11131.1C • . ''. " °I • -My Commis:1os Etplrcs Dec.10.1160 • . • .54 .. ,e71,41;,,e Votary Public; for Ohio My' Commission expirest • ..'. . . . . •• .. , ' • . . .: ..: - •. - • • ..: : . ..• • • . • •. ...•. . - - tt THE STATE O OHIO LACY COUNTY.IC I.the•olrodfool.COret of do Cosa of Coomoo FUN.I Cann of Roopot,irlshio sof dot. . • .. •.. hi do Coati•o4 hoot sf•....id•de t•t•b•e•t*do■ .*::".••• ii• V. Beck • p.1.Ine a do dm1 of talkies dr • i .• •? • • . : • earras, AcknoilAsIgment • ••. •• . . . .. .• 1- • ' ••Notary P•Mlit.11.11a sod fee sold Cour,•Nty eedwedvelf ft tele de roe wed dee•tele doe reef..1 aclatreledineet • • ' f. • ., of Masi tIr6 I Law Lis hoolorklog.sof mily bairn aloe his olgulsoi io it.sold - • a .. . • • • ' . • • h rash... red dim tile emote./lisareeseve II•zoretol god ocli000tedgof• Jellies IS dr limo of 14 Swot of 061o.71.•I..•of eht State of O .6e sot toloior Iv. •. . • • AO • •• . .:- '" . •' •• •'...,••oi. Improso-loa of aw o Hour/Public to In 111.1 1.do(N1M y Cerk's Offke. • • • TEST140 muse.sor I o of}.4 .1 M”d she oaf a • *.,...• ••. . 0 ..11 . . . . 22nd J.,et • . . , • . : , • •• •• s t , • Jun• - , _ •—f111:11 D..II • •.• . .. . - '• I .. .. •' .6 . ' . : i . • • •• ... .. ii. ..... .s IC 6. •:*. tee*--1.11--I . • .. • ,.. . . .0• ... e ......--..-,.. • ...0" . •. :. . alWoiro.'s•ste .., . • sztor-wrampilir .0.. 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' ".' .... .. •• . • . , . . . ,■ " • .• • • V. • , : : • �••, - -'----,4 T' :.i, '$•• • . -.c.-..` ,...6. 4' EXHIBIT A , t R''lJ o• • ' PARCEL 1 • . A tract of land in Section 1, T2S, R1W, W. N., Washington County, Oregon, ,, • more particularly described as follows: - • Beginning at • stone at the northwest corner of the W. V. Graham D.L.C., Q .o Ho. 39. TIS, R1W, W. M.. Washington County, Oregon; and running thence, S 34-, 43' 23' W, along the northwesterly line of said D.L.C., 734.0 feat to a �,` point In the center of the County Road; thence, S 60' 59' E in the center ' of sold County Road 1774.8 feet to the true place of beginning of the herein described tract from which true piece of beginning a stone at the northeast • . corner of that certain tract of land conveyed to R. and Sophia lunziker by ry. •• • •' iy '. .., deed at recorded on Page 271, Volume 90 of Washington County, Oregon, Deed I Records, beers S 60' 59' E 40.0 feet; thence, from the above described true • - place of beginning S 29' 34' V parallel to the east line of said Hunziker Y ;: Q 1 l.1 tract 1200.0 feet to a point; thence. Ii 4I' 00' V 555.9 feet to a point on s .' the east !ine of the Edward Hunziker property described in Book 215, Page '.;'i\ • dd 193, Deed Records, Washington County, Oregon; thence, along said east Iine, . ' 1 •. • �T' N 46' 50' E 720.46 fast to an iron pipe that Is S 29' 01' V 333.2 feet from f' • �. .... a point In the canter line of the County Road from which point an iron pipe ;' e.''. ,•r -' hears S 29' 01' W 20.0 feet; thence, continuing along said east line H 29' r • \ t 01' E 333.2 feet to a point in the center line of said County Road; thence, • S 60' 59' E, •along said center line 316.75 feet to the point of beginning, ' • containing 10.126 acres. more or less. /.....----°; /.....---- ai l PARCEL 2 • y� A perpetual easement for • Joint roadway described as follows: Beginning at • stone at the northwest corner of the W. W. Graham D.L.C., •. i•• � No. 39, T2S, RIW, W. M., Washington County, Oregon; and running thence, • S 43. 23' V, along the northwesterly line of said D.L.C., 734.0 feet to • point In the center of the County Rood; thence, S 60' 59' E In the center of said County Rood 1774.8 feat to the true place of beginning of the herein s'- N.. described tract from which true place of beginning • stone at the northeast • ' Ali.k•` corner of that certain tract of land conveyed to R. and Sophie Hunziker by ` deed as recorded cn Page 271, Volume 90 of Washington County, Oregon, Deed l'. ••41 Records. beers $ 60' 59' E 40.0 feet; thence, from the above described true place of beginning S 29' 34' V parallel to the east line of said Hunziker .` ' tract 1200.0 feet to a point; thence South 60' 59' East 20 feet to a point; thence North 29' 34' East parallel with the East line of said Hunziker Tract 1200 feet to a point; thence North 60' 59' West 20 feet to the true point • of beginning. '''•, Said easement shall run with the land described as Parcel 1 and shall bens- C : »s ..' f1 t the grantee , Its successors and assigns, and shall be binding upon — i' the grantors, the heirs and assigns. i -rx 439 FAs:4D1 1'1'41 .. ,,.,rd)4-71/.65. -_1.6La.bOk..... '. .. . . / w i ati.! Pt • '.s N\a ..w ,�. `.' , , pixtvfemigiguivaidimaiassistutua 744:.:4'. ..i.• .0.;',19f,!;4 ..... .. ". -1i.s-po_..,-,.A.,„ ys.r.,47.-u. •1 ,.... ..:•4 4. •• 4 4ii. s'..Nt•te.. 11,V.;faii•-•• ,.•Vaitii.i7. ...0441°41*:; tr,o•P'if '4* - -• .,+; --- - •••• •)••••A A•fit$.ircli ••••.:Akt:... .i.41t1.41-It'i:.Z.,-..t...,/....'•; P:1**....;..i.Z.; • itiNit;''t, i:',•..' •-- ••:••••••••; - • •i,•'.....t••••';‘, 144.... -•'•Yi4i.el, 4- 1:-C.41 •t 4:.-'•••;( • ..f?•E•:;:‘,••l• ‘:.:'''''•••:41.'''::- •••••••CX. • 'fre.:.'..••t:. ,.ti'.-,. '-,'!..j."--..• • •• fs.,44.44,!. 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'' 0.1• .• .■ Dann B DOG PARK AND MAINTANCE EASEMENT Easement to construct and to maintain a Dog Park over the following described property Located in the Section 1, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon described as follows: Beginning at the Southeast corner of the property described as Parcel 1 in deed recorded in Deed Book 439 page 401 of the Washington County Deed Records; thence N 42° 12" 11"W, along the southerly line of said deed, a distance of 446.00 feet; thence N 23° 00' 00"E a distance of 20.00 feet; thence N 84° 30' 00"E a distance of 44.55 feet; N 41° 00' 00"E a distance of 206.20 feet; thence N 21° 30' 00"E a distance of 118.50 feet to the extension of the edge of asphalt; thence S 61° 00' 00"E, along the edge of asphalt and the extension there of to, a distance of 363.41 feet tothe easterly line of said deed; thence S 29° 21' 49"W, along said easterly line,a distance of 508.02 feet to the point of beginning. Containing 3.79 acres. . . . . / N. 1. ./ .■.,.. 0/4 1440 ''''''-..: 1 III illi .!,,, Illi /I-I/ • t: " i, d Y , '/ r 1 , , ,,`-` Ti' .1" ..,„ if . --,,,,,,, -,.... 4 -•., 1. 4,. ' ' ,y • j. i...,. \ \, ' - • , �s_ 4.am, �- • •r 'V, fit \4. ei t ., may., Age ' -'a r -' g * ,i. . It' ■ , .... et ,. q . . ,. , ,,, ,.,,,„ ,4.7:5,. _ 44 Ir;-,.'i,../t - I. • r _ t" u ' -* ;3''',tt x4: K 1, ,:''F ••F�iwi}3 c s -�'�, , r. 7 y�< '�, , "y ..�" 5b�"''N4^t 4rF.yy,¢J '�." n 7 6.F yv.''F} "a'?j 4 %.1�'.,M� .f'�' +a ° f:<� yj ..rte", '� 3 i . F J � . Ac-.- ,rsJ 9 '- e Kt::;t . • 4 �f wCyVy ! g t t�3 °„..,:i4; i , ' . ✓Ft,,,_,00.-:;,,...„ ..�, i 5,M •t T ..$ i f -_ .. a t g �t .fia ? ` t a i , J•� '• ‘ Y {. r f ` .t& g t$ a� '� ° ;'- .w wx,ti° •a * .Y a J. SECTION 1 12! 'W W.M. 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UT TIGARp,OREGON 97223 ,; :503-844297 D0G PARK N _ �� 1 e.l. '1� www.a.ncARD.oR.us LAYOUT 1 OF i 1 !�-j � Y/ � l A. , _ ``�7� 4 a ' , •■ ', m k t ,,..-1 .' k ,r- ) 1,fier- '. • *- • ) ..: .,,,,, , 7, i ' , --t , I ' - 4- 4 P. , . : 1 • • , i e • 1 40" It , to` •�_'lit a ' ( 4-'1 _1! t 11.4 S � r 1 1 ��/E /� �.. ^r +(�N`�'k � /' i--' »„ ' P • + P4t. ' 4,) i _ V .\ \ r \\):\> :T ''�l; ; 1 `{ �,,4,%, s +` : s4., ..." k:14;";'''', 'S, \ '\,c4k,z,,.1 , it it - C ti� �, •., e 1 1 `,� r � 81�r � s ' ; ' `, ' r, 7 Ilitdri tip \ \ , _ . , / , '‘ *,t .,."t. . :41, i et"4 V •tt. . i e t 1 f k 41itk. , \• x 4:1..,:;,:,7,,,i6,,,I, .,, 5. 4:4. . .::::. , , li '' \'' ''' ' ' ' dikiiii A s' ,ii,j,) - , r " . M\`N Syr,} ;:";44 4'4 x _ ) l 7 x // jy 4'-41e.- .',,1 ..\ , 4": ' lc . ', ' j , 1 ''.1, . ,pia:%... \rt Y' fit• '�, i1 `ll.T ,". '�i.lryYF 44 r ' ', lee •�. ;T.yg;. 3.:s' 4 fit. }�� �y .k,s.&" � t1 �f- P a9 A f Of w • r r-1. i y 1' \ •. tr y Y i-.4, • a_ y t .• ,'y" `fit* ,' t 4 ' y:"' 4. ., ,.,t «°r ``"M�,• '_,�,. F ' 0. 4. "4,4401„-tt �� as int*11 -- 4,,f ", / i.,,..,,,;; •-• -* --......„ 4 1.41),,, :AO ..7 • P .. y5. ,, ,. . ...., ..,,, ,.. ,......,, . *' , ..- zi ..‘ ' '' '.' _ :: / ,, .1. ., . ,. - , , '4..— si 14*-14/ 1 \ 4.`44/4/ j a r rq �� ;. s„i,” , / / k t , / •'�«� :1 , a ._,, a'" • 1 r cn 7 r"4 �}y" t ' 1c ' '4! " J r , ' :' I �: w:° , * A t ./ � a A} a ' , , ,.`w re .,....,,.$,„„,,, . . ,„. , , \ r . , .. F r { +z ii' r'" w - _ NYC. " f f `t -t 1, _ 4 � s �y f t aa T ••.V.- -' - \ ' '. '' / ' '7.,,,-,; ' a :r l. • 4,: �` • � t s ,.,• y ` Ilk ,\,-; *it. •:4 -,7 .,e0,,,e'- ' ,,, 4 . 17:*Yr Nr A.„ ., RITA MROCZEK, PWS 3980 SW 170'-" AVE. ALOHA, OR 97007 (503) 642-3739 Fax 642-4158 Date: April 16, 2001 Memo Co.: John Roy and Dwayne Roberts, City of Tigard Subject: Dog Park Sites, Wall and Tigard Streets Wall Street (no map enclosed) - The Wall.Street property is a rectangular tract off SW Hunziker and not contiguous with the Tigard Street property. It is a large area of mowed grass with one young cottonwood (Populus balsamifera) in the SE corner. A stream, tributary to Fanno Creek, and an adjacent wetland can be found along the west side of the site. The boundary of this wetland appears to be along a slope break which is marked by a distinct change in vegetation. Another area of concern was a small isolated divot along Wall St. in the SW corner of the site. A small cottonwood is growing at one end of this small indention in the ground. On the date of my site visit (April 6,2001), it had been raining for several days previously and this particular area had saturated and gleyed soils which are indicators of wetlands. Due to its isolation from any waterway, the required USA buffer would be 15-25 feet, depending on the size of the watershed. Tigard Street-This large parcel can be divided into 5 parts by drawing lines north and south (see map enclosed), excluding the forested area in the far south. The westernmost piece (#1) is upland with a dense growth of native rose (Rosa sp.) in the middle of the site. A wetter area was observed at the southern boundary of the forest where the ground flattens out. (This is the area just south of the New Horizons Middle School.) Parcel #2 is just south of the fill along Tigard Street with an apple (Malus sp.), quince and two madrone (Arbutus menziesii) trees near the road, and is bounded on the east by a thick stand of trees. It has occasional patches of wetland vegetation such CITY OF TIOARD Community(Development Shaping Better Community LAND USE PROPOSAL DESCRIPTION 120 DAYS = N/A • FILE NO.: CONDITIONAL USE PERMIT (CUP) 2002-00001 POTSO FILE TITLE: DOG PARK APPLICANT: City of Tigard OWNER: Coe Manufacturing Company Attn: Duane Roberts PO Box 520 13125 SW Hall Boulevard Painesville, OH 44077 Tigard, OR 97223 PHONE NO. 503-639-4171/503-684-7297 REQUEST: The City of Tigard is seeking approval to construct an off-leash area dog park on privately owned property. The site is a 3.8 acre undeveloped, open field. The fenced area of the park will occupy 1.73 acres of the property and will encircle a small isolated wetland located along SW Wall Street. Site improvements include 1,423 feet of 5-foot-high cyclone fencing, a 6-foot-wide by 20-foot-long paved path leading into the dog park from an existing paved parking area, a portable 110-gallon water tank, benches, and picnic tables located inside the fenced area. Sixteen parking spaces within an existing parking area will be designated for dog park parking and landscaping improvements around the fenced area are also proposed. LOCATION: 7930 SW Hunziker Road; WCTM 2S10100, 1202 (Wall Street is a private street off of SW Hunziker Road). ZONE: I-L: Light Industrial District. The I-L zoning district provides appropriate locations for general industrial uses including industrial service, manufacturing and production, research and development, warehousing and freight movement, and wholesale sales activities with few, if any, nuisance characteristics such as noise, glare, odor, and vibration. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.390, 18.530, 18.705, 18.725 and 18.780. CIT AREA: East CIT FACILITATOR: List Available Upon Request DECISION MAKING BODY BELOW: ❑ TYPE I ❑ TYPE II ® TYPE III ❑ TYPE IV DAT • ' ' " ' ENT: FEBRUARY 28, 2002 DATE COMMENTS ARE DUE: MARCH 14, 2002 ®HEARINGS OFFICER (MON.) DATE OF HEARING: APRIL 15, 2002 TIME: 7:00 PM LJ PLANNING COMMISSION (MON. DATE OF HEARING: TIME: 7:30 PM �J CITY COUNCIL (TUES. DATE OF HEARING: TIME: 7:30 PM ri STAFF DECISION (TEN ATIV ) DATE OF DECISION: COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION ® VICINITY MAP LANDSCAPING PLAN ARBORIST REPORT ® SITE PLAN — ARCHITECTURAL PLAN 'S IMPACT ANALYSIS ® NARRATIVE GRADING/UTILITY PLANS _ OTHER:MISC. STAFF CONTACT: Duane Roberts, Associate Planner (503) 639-4171, extension 347 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. "`•I'li CITY OF TIGARD Community(Development SliapingA Better Community CITY OF TIGARD PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY, APRIL 15, 2002 AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: FILE NO.: CONDITIONAL USE PERMIT (CUP) 2002-00001 FILE TITLE: WALL STREET DOG PARK APPLICANT: City of Tigard OWNER: Coe Manufacturing Company Attn: Duane Roberts PO Box 520 13125 SW Hall Boulevard Painesville, OH 44077 Tigard, OR 97223 REQUEST: The City of Tigard is seeking approval to construct a temporary off-leash area dog park on privately owned property. The site is a 3.8 acre undeveloped, open field. The fenced-in area of the park will occupy 1.73 acres of the property and will encircle and protect a small isolated wetland located along SW Wall Street. Site improvements include 1,423 feet of 5-foot-high cyclone fencing, a 6-foot-wide by 20-foot-long paved path leading into the dog park from an existing paved parking area, a portable 110-gallon water tank, benches, and picnic tables located inside the fenced area. Sixteen parking spaces within an existing parking area will be designated for dog park parking. Native vegetation is proposed to be planted around the fenced area. LOCATION: 7930 SW Hunziker Road; WCTM 2S10100, 1202 (Wall Street is a private street off of SW Hunziker Road). ZONE: I-L: Light Industrial District. The I-L zoning district provides appropriate locations for general industrial uses including industrial service, manufacturing and production, research and development, warehousing and freight movement, and wholesale sales activities with few, if any, nuisance characteristics such as noise, glare, odor, and vibration. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.390, 18.530, 18.705, 18.725 and 18.780. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390 OF THE COMMUNITY DEVELOPMENT CODE AND THE RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE HEARINGS OFFICER WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE HEARINGS OFFICER MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION LESS THAN SEVEN (7) DAYS PRIOR TO THE PUBLIC HEARING, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. A REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY HEARING (ORS 197.763(6). INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE HEARINGS OFFICER WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE HEARINGS AUTHORITY AN OPORTUNITY TO RESPOND TO THE ISSUE PRECLUDES AN APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25 ) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (250 PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER DUANE ROBERTS AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. ' CITY of TIGARD ♦ . k*IIhsk l,, VICINITY MAP v%t41��� I� 111111----11����� CUP2002 0000 i it: WALL STREET ,` �• DOG PARK, „_. . A . 41,61,14 r ,, , „, . . ., . , •• i —� 1 '.s,.. .. , !c" Om3 I i ~... • di - •• N IMO ES____\_.... I=ilk -71A ,..,..... . ______ p. ., . c.ry ,,,;am 1.1.. I ., .. COE COE MANUFACr BRING COMPANY 7930 SW Hunziker Road/Tigard,Oregon 97223 (503)639-3121 /Fax(503)684-7570 ±• www.coemfg.com RECEIVED PLANNING APR 0 2002 April 1, 2002 CITY CF TiGARD Mr. Duane Roberts City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Dear Duane: This letter serves to confirm my authority to sign for Coe Manufacturing with regards specifically to the lease or easement allowed by Coe Manufacturing for the Dog Park. 614 --4) Alan Knokey Vice President/General Manager Western Operations Coe Manufacturing AK:Is Machinery for veneer,plywood,lumber,composition board,gypsum wallboard,fiberboard,rubber,plastic and laminates. GROUND LEASE Date: May , 2002 Lessor: Coe Manufacturing Company ( "Lessor") Lessee: THE CITY OF TIGARD, an Oregon municipal corporation ("Lessee") Lessor leases to Lessee, and Lessee leases from Lessor, the real property (the "Premises") described in Exhibit A attached and incorporated in this Lease by this reference. The Premises are leased for a term (the "Term") of ten (10) years, commencing on the date of this Lease and ending at midnight on May /r, 2012. Lessor and Lessee agree as follows: Section 1. Project Conditions 1.1 Lessee intends to use the Premises as an off-leash dog park for the public benefit, and will construct related improvements (the "Improvements") on, under, and over the Premises 1.2 During the term of this Lease, Lessor may further encumber Lessor's interest in the Premises provided that Lessee is, prior to such encumbrance, provided with a non- disturbance agreement in form and content reasonably satisfactory to Lessee. Section 2. Improvements, Repairs and Maintenance. Lessee shall be responsible for the placement or construction of all improvements to the Premises necessary for the permitted use, and shall be responsible for all maintenance of the Premises required to maintain the Premises in a safe and healthful condition, including but not limited to the mowing of the lawn area(s) as needed. Upon the initial installation of improvements, and upon each and every occasion that the same be repaired or removed, Lessee shall remove all debris and leave the ground surface in a neat and presentable condition, buildings and improvements to be restored as near as possible to as good a condition as the same were in prior to any such installation. Section 3. Lease Consideration. There is no monetary rent payable by Lessee. Lessee is not obligated to pay property taxes or other assessments with regard to the Premises, which are the sole responsibility of Lessor. Lessee shall perform the following acts as consideration for the Lease. 3.1 Improvements. Repairs and Maintenance. Lessee shall be responsible for the placement or construction of all improvements to the Premises necessary for the permitted use, and shall be responsible for all maintenance of the Premises required to maintain the Premises in a safe and healthful condition, including but not limited to the mowing of the lawn area(s) as needed. Upon the initial installation of improvements, and upon each and every occasion that the same be repaired or removed, Lessee shall remove all debris and leave the ground surface in a neat and presentable condition, buildings and improvements to be restored as near as possible to as good a condition as the same were in prior to any such installation. 3.2 Name of Dog Park. The Lessee agrees that it shall designate the name of the dog park to be operated within the Premises by officially naming the same "Potso Dog Park" and will, during the term of this Agreement, maintain one or more signs on the Premises identifying the Premises by said name. 3.3 Additional Consideration. As additional consideration for the easement granted by this Agreement, the Lessee agrees that it shall aggressively pursue such property tax relief as may be available for the property of which the Premises is a part. The obligation of the Lessee to pursue such tax relief shall be limited to the making of timely and appropriate application(s), and prosecuting administrative appeals from any denial of such application(s), but the Lessee shall not be obligated to initiate any court or other action in the event such administrative appeals are denied. Lessor acknowledges that Lessee has no obligation to pay property taxes or assessments relating to the property of which the premises are a part; therefore, the consideration of Lessee for this Lease shall not be increased or decreased as a result of obtaining, or failing to obtain, property tax relief in accordance with this Section 3.3. Section 4. Use 4.1 Lessee shall use the Premises for the purposes of construction, reconstruction, operation, and maintenance of an off-leash dog park for the use and benefit of the general public on, over, under and across the Premises. The Premises shall be open to the general public on a daily basis except Monday through Friday between the hours of 6:00 AM and 4:30 PM. In addition, the Premises shall be open to the public on every legal holiday, observed by Lessor, which occurs Monday through Friday. On Monday through Friday of each week (except for legal holidays observed by Lessor) Lessor also grants to Lessee, for the use of persons accessing the Premises, the use of sixteen (16) designated parking spaces. These designated parking spaces are located on the property owned by Lessor of which the Premises are a part, and are identified in the drawing attached as Exhibit "B" and incorporated herein (the "Parking Spaces"). Lessee shall install on the Lessor's property signs or other means of identifying the Parking Spaces, in a form, at one or more locations, and with content (which shall include appropriate warnings permitting towing away of vehicles improperly using the Parking Spaces) acceptable to Lessor in the exercise of Lessor's reasonable discretion. On legal holidays observed by Lessor and each Saturday and Sunday, members of the general public using the Premises may park in any unoccupied parking space on the Lessor's property. Lessee shall be responsible for enforcement of the restrictions on use of the Parking Spaces and other parking spaces on the Lessor Property contained herein. The limitations on the times of permitted use of the Premises and the Parking Spaces are intended to promote public safety and avoid interference and conflicts with the operation of the Lessor's business facility located on Lessor's property. Section 5. Liens 5.1 Lessee shall not suffer or permit any liens to attach to the interest of Lessee in all or any part the Premises by reason of any work, labor, services, or materials done for, or supplied to, or claimed to have been done for or supplied to, Lessee or anyone occupying or holding an interest in all or any part of the Improvements on the Premises through or under Lessee. If any such lien shall at any time be filed against the Premises, Lessee shall cause the same to be discharged of record within thirty (30) days after the date of filing the same, by either payment, deposit, or bond. 5.2 Nothing in this Lease shall be deemed to be, or be construed in any way as constituting, the consent or request of Lessor, express or implied, by inference or otherwise, to any person, firm, or corporation for the performance of any labor or the furnishing of any materials for any construction, rebuilding, alteration, or repair of or to the Premises or to the Improvements, or as giving Lessee any right, power, or authority to contract for or permit the rendering of any services or the furnishing of any materials that might in any way give rise to the right to file any lien against Lessor's interest in the Premises or against Lessor's interest, if any, in the Improvements. Lessee is not intended to be an agent of Lessor for the construction of Improvements on the Premises. Lessor shall have the right to post and keep posted at all reasonable times on the Premises and on the Improvements any notices that Lessor shall be required to post for the protection of Lessor and of the Premises and of the Improvements from any such lien. The foregoing shall not be construed to diminish or vitiate any rights of Lessee in this Lease to construct, alter, or add to the Improvements. Section 6. Repairs and Maintenance 6.1 Lessee shall maintain, repair, and replace the Premises and the Improvements as necessary to keep them in good order, condition, and repair throughout the entire Term. Lessee's obligations shall extend to both structural and nonstructural items and to all maintenance, repair, and replacement work, including but not limited to unforeseen and extraordinary items. 6.2 Lessor shall not be required to furnish to Lessee any facilities or services of any kind whatsoever during the Term, such as, but not limited to, water, steam heat, gas, electricity, and power. Lessor shall in no event be required to make any alterations, rebuildings, replacements, changes, additions, improvements, or repairs during the Term. Section 7. Title to Improvements Title to Improvements shall be and remain in Lessee until the expiration of the Term, unless this Lease is terminated sooner as provided. If this Lease shall expire or sooner terminate without exercise by Lessee or Lessor of the Purchase Option for the Premises provided in the Agreement for Ground Lease and Exclusive Option to Purchase made by the parties, title to the Improvements shall automatically pass to, vest in, and belong to Lessor without further action on the part of either party and without cost or charge to Lessor. During the Term, Lessee shall be entitled for all taxation purposes to claim cost recovery deductions and the like on the Improvements. Section 8. No Waste Lessee shall not do or suffer any waste or damage, disfigurement, or injury to the Premises or to the Lessor's property on which the Parking Spaces are located. Section 9. Assignment and Subletting 9.1 Lessee shall not sell, assign, or in any other manner transfer this Lease or any interest in this Lease or the estate of Lessee under this Lease without the prior consent of Lessor which may be withheld or conditioned in Lessor's absolute discretion. Section 10. Default; Remedies 10.1 The occurrence of any one or more of the following events of default constitutes a breach of this Lease by Lessee: 10.1.1 If Lessee, whether by action or inaction, is in default of any of its obligations under this Lease and such default continues and is not remedied within thirty (30) days after Lessor has given Lessee a notice specifying the same, or, in the case of a default that can be cured but not within a period of thirty (30) days, if Lessee has not (1) commenced curing such default within such thirty (30) day period; (2) notified Lessor of Lessee's intention to cure the default; or (3) continuously and diligently completed the cure of the default. 10.2 Upon the occurrence of an event of default, Lessor may terminate this Lease in accordance with Section 11 hereof. Section 11. Termination by Lessor 11.1 Lessor may terminate the lease granted herein at any time by written notice to Lessee delivered not less than ninety (90) days prior to the date of termination specified in the notice. In the event Lessor shall terminate the easement as provided herein, Lessee shall vacate the Easement Area on or before the termination date specified in Lessor's notice, and shall restore the Easement Area to as close to its original condition as is practicable, subject to normal wear and tear. Section 12. Quiet Enjoyment Lessee, on observing and keeping all covenants, agreements, and conditions of this Lease on its part to be kept, shall quietly have and enjoy the Premises during the Term without hindrance or molestation by anyone claiming by, through, or under Lessor as such, subject, however, to the exceptions, reservations, and conditions of this Lease. Section 13. Surrender and Indemnity 13.2 Except as otherwise provided, Lessee, on the last day of the Term, shall surrender and deliver up the Premises and all Improvements to the possession and use of Lessor without fraud or delay, free and clear of all lettings and occupancies other than subleases then terminable at the option of Lessor or subleases to which Lessor shall have specifically consented, and free and clear of all liens and encumbrances other than those, if any, presently existing or created or suffered by Lessor, without any payment or allowance whatever by Lessor on account of any Improvements on the Premises. 13.3 When furnished by or at the expense of Lessee, the Improvements may be removed by Lessee at termination of this Lease, provided, however, that the removal will not injure the Premises or Lessor's adjacent property, or necessitate changes in or repairs to the same. Lessee shall pay or cause to be paid to Lessor the cost of repairing any damage arising from such removal and restoration of the Premises to their condition before such removal. 13.4 Lessor shall not be responsible for any harm, loss or damage to persons, animals, the Improvements or any other property owned by Lessee or any member of the public occurring on the Premises or on Lessor 's adjacent property. 13.5 To the extent permitted by statute and the Oregon Constitution, Grantee agrees to indemnify and hold harmless the Grantor from any and all claims, harm, loss and damage arising from the use of the Easement Area by the Grantee and the general public, excluding any claims, harm, loss and damage that may be a result of the gross negligence or intentional act of Grantor, its agents, representatives and assigns. At all times during the existence of the easement, The City will carry public liability insurance which shall name Grantor as an additional insured as to claims which may arise from use of the Easement Area or the Grantor property pursuant to the Agreement. 13.6 The provisions of this section shall survive any termination of this Lease. Section 14. No Representations 14.1 Lessee acknowledges that it has examined the Premises and that no representations as to the condition of the Premises have been made by Lessor or any agent or person acting for Lessor (except as expressly provided in this Lease). Before any construction commences on the Premises, Lessee shall conduct tests of the subsurface and soil conditions to ascertain the suitability of the Premises for the contemplated Project and shall furnish such fill and take such other steps as may be required before the commencement of construction. Lessor shall have no liability because of, or as a result of, the existence of any subsurface or soil condition, either on the Premises or on adjacent land, that might affect Lessee's construction. Section 15. Notices 15.1 Any notice required or permitted by the terms of this Lease shall be deemed given if delivered personally to an officer of the party to be notified or sent by United States registered or certified mail, postage prepaid, return-receipt requested, and addressed as follows: If to Lessor: Coe Manufacturing company 7930 SW Hunziker Road Tigard, Oregon 97223 If to Lessee: The City of Tigard 13125 SW Hall Boulevard Tigard, Oregon 97223 or such other addresses as may be designated by either party by written notice to the other. Except as otherwise provided in this Lease, every notice, demand, request, or other communication shall be deemed to have been given or served on actual receipt. Section 16. Costs and Attorney Fees If either party brings an action to recover any sum due or for any breach and obtains a judgment or decree in its favor, the court may award to such prevailing party its reasonable costs and reasonable attorney fees, specifically including reasonable attorney fees incurred in connection with any appeals (whether or not taxable as such by law). Section 17. Entire Agreement This Lease and the Agreement for Ground Lease and Exclusive Option to Purchase contain the entire agreement between the parties and, except as otherwise provided, can be changed, modified, amended, or terminated only by an instrument in writing executed by the parties. It is mutually acknowledged and agreed by Lessee and Lessor that there are no verbal agreements, representations, warranties, or other understandings affecting this Lease. Section 18. Applicable Law This Lease shall be governed by, and construed in accordance with, the laws of the state of Oregon. IN WITNESS WHEREOF, Lessee and Lessor have caused this Lease to be executed by their duly authorized officers. "LESSOR" State of Oregon County of Washington By: Subscribed and sworn to Print Name: /4-/4;, K t,I{ e y (or affirmed before me) this Name: V2L _ f?„ , 1 /1 day of Moe. , 2002 Title: V'P/&ir► e.z iA uki ►.a'.— by /4/fin k ke Notary Publi ,1� �'�5 r • OFFICIAL SEAL My commission expires on /0 0 Co GREER A GASTON OMISSION NO.321908N AAY COM!418810N EXAMS oat 1O 2003 "LESSEE" State of Oregon County of Washington THE CITY OF TIGARD, an Oregon municipal corporation Subscribed and sworn to (or affirmed before me) this By: ii day of /Th� , 2002 by L��i%1'a/17 4. inern,114c? Print Name: &Ii71, h ti.. , /40,1.- A0-*N Nam-. :i�f �'� �,— `� 7 Notary Public , /. S 7 Title: C( lr 71-44-,vi4 My commission expires on /CIO D3 OFFICIAL SEAL GREER A GASTON \„;.:;:,:J COMMiss 321E PUBLIC-OREGON aeY COMMISSION EXPIRES OCT.10,2003 EXULT , A DOG PARK GROUND LEASE Easement to construct and to maintain a Dog Park over the following described property Located in the Section 1, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon described as follows: Beginning at the Southeast corner of the property described as Parcel 1 in deed recorded in Deed Book 439 page 401 of the Washington County Deed Records; thence N 42° 12" 11" W, along the southerly line of said deed, a distance of 446.00 feet; thence N 23° 00' 00" E a distance of 20.00 feet; thence N 84° 30' 00"E a distance of 44.55 feet; N 41° 00' 00" E a distance of 206.20 feet; thence N 21° 30' 00"E a distance of 118.50 feet to the extension of the edge of asphalt; thence S 61° 00' 00" E, along the edge of asphalt and the extension there of to, a distance of 363.41 feet tothe easterly line of said deed; thence S 29° 21' 49"W, along said easterly line, a distance of 508.02 feet to the point of beginning. 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' ' . ,, ,,,, ,,,:_ . . ..• -• . .. , . ,....;..,,K.:. ••••••••',,,-„t1 - • ,,, , , ..• • .,... , . .,... ....... .,.. . , . ,_.., -,4 • 1+-'.' ,,, • . . • i ''',...,•.._...,'.....,,“„it ' .'• .....,,f-kt._:,, . ... . •t . . . •• • , , I . •'' '' .-'-14t-' -----' "A'..z•-•'.'"-...' , . ''4i*''''" • -- -%I .1•- • . . . I . ....,., -... .. ,. . . „,,,,•• - ._ . . .-.-,:f..... . .. • . . . .. i. . • ,: ,..., , . . ... ,. .. t- • . • ..., . . .. . . , • Coat Do- v9/ Potso Maintenance Schedule June 20, 2002 Mowing. Mowing will be done on a weekly schedule from March to October. Garbage collection There will be four garbage cans installed in the park (more if needed). They will be emptied daily by Tigard Park crews and new liners installed in the cans. Dog Waste removal Volunteers will daily remove any dog waste not picked up by the dog's owner. The waste can be deposited in the garbage cans at the park.. There will be four waste disposal bag dispensers at the park. These dispensers will be checked daily by the Tigard Park Crew. Hours of Operation The hours of operation will be from 4:30 to dusk daily and on weekends and holidays. The gates will be locked from 7:30 AM to 4:00 PM on weekdays to keep the public out of the park during hours of non-operation. Submitted by Steve Martin, Park Maintenance Supervisor, 6/25/02 Note to file CUP 2002-00001 Condition of approval (1 .b.) requires the applicant to obtain a City sign permit for any signage placed on the property. According to 18.780-4 Definitions "a 'public sign' means signs legally-erected for . . . informational purposes by or on behalf of a government agency." Under 18.780-060.10 Permit Exemptions "Nothing in this title shall prevent . . . any public agency . . . from erecting signs on private property when otherwise permitted. . . " The signs proposed for erection at the Postso Dog Park are informational signs related to park rules and hours of operation. The content of the signs is attached. The dimensions are 30" x 40" each. A sign permit is not required for the erection of these informational signs, per the code sections listed above. r-- 4- 2. Upon presentation of proper credentials, the Director may enter at reasonable times any building, structure,or premises in the City to perform any duty imposed upon the position by this chapter. 18.780.060 Permit Exemptions A. Exemptions from permit requirements. The following signs and operations shall not require a sign permit but shall conform to all other applicable regulations of this chapter and the provisions of Subsection B below: 1. Lawn signs which do not exceed the maximum allowable area on one premise regardless of the number of signs as follows: a. A total of 12 square feet in the R-1,R-2,R-3.5, R-4.5 and R-7 zones; b. A total of 24 square feet in the R-12,R-25 and R-40 zones. 2. Signs not oriented or intended to be legible from a right-of-way,other property or from the air; 3. Signs inside a building, except for strobe lights visible from a right-of-way, other property or from the air; 4. Painted wall decorations; 5. Painted wall highlights; 6. Signs affected by stipulated judgments to which the City is a party, entered by courts of competent jurisdiction; 7. Directional signs; 8. Interior window signs; 9. Nothing in this title shall prevent the erection, location or construction of directional signs on private property when such signs are solely designed to direct pedestrians or vehicular traffic while on the parcel of real property on which the signs are located. No sign permit or fee shall be required for such signs; and 10. Nothing in this title shall prevent the erection, location or construction of signs on private property where such erection, construction or location is required by any law or ordinance, nor shall any public agency or utility be prohibited from erecting signs on private property when otherwise permitted. No sign permit or fee shall be required for such signs. B. Requirements for exempted signs. All signs exempt from permit requirements under Subsection A above shall meet the following requirements: 1. The sign shall be erected on private property with the consent of the lawful possessor of the property and shall not be placed on utility poles or in the public right-of-way;and 2. At least one sign shall be permitted per parcel of land; additional signs on such parcel shall be spaced at least 50 feet apart in residential zoning districts and 30 feet apart in nonresidential zoning districts. Signs 18.780-8 SE Update: 03/02 28. "Industrial Park" means a parcel of land which complies with the requirements set forth in Chapter 18.530; 29. "Lawn sign"-see"Temporary sign"; 30. "Lighting methods"means: a. Direct-exposed lighting or neon tubes on the sign face; b. Flashing-lights which blink on and off randomly or in sequence; c. Indirect or External-the light source is separate from the sign face or cabinet and is directed so as to shine on the sign;and d. Internal-the light source is concealed within the sign. 31. "Maintenance" means normal care needed to keep a sign functional such as cleaning, oiling, changing and repair of light bulbs and sign faces. Does not include structural alteration; 32. "Nonconforming sign" means a sign or sign structure lawfully erected and properly maintained that would not be allowed under the sign regulations presently applicable to the site; 33. "Non-structural trim" means the moldings, battens, caps, nailing strips and latticing, letters and walkways which are attached to a sign structure; 34. "Painted wall decorations"means displays painted directly on a wall, designed and intended as a decorative or ornamental feature. Decorations may also include lighting; 35. "Painted wall highlights" means painted areas which highlight a building's architectural or structural features; 36. "Painted wall sign" means a sign applied to a building wall with paint and which has no sign structure; 37. "Person" means individuals, corporations, associations, firms, partnerships and joint stock companies; 38. "Premises"means one or more lots on which are constructed or on which are to be constructed a building or a group of buildings designed as a unit; 39. "Projecting sign"means a sign attached to a building other than a wall sign in which the sign face is not parallel to the wall. Such sign shall not project above the wall of the building to which it is attached,except where there is an existing parapet; 40. "Projection"means the distance by which a projecting sign extends from a building; 41. "Public sign"means signs legally-erected for traffic or informational purposes by or on behalf of a government agency; Signs 18.780-4 SE Update: 03/02 • \� D. CONCLUSION The hearings officer concludes the proposed conditional use permit does or can comply with the applicable criteria of the Community Development Code,provided development that occurs after this decision complies with applicable local,state,and federal laws and with conditions of approval warranted to ensure such compliance occurs. E. ORDER Based on the findings and conclusions adopted or incorporated above, the hearings officer hereby approves CUP 2002-00001 (Potso Dog Park)subject to the following conditions of approval: 1. Prior to the issuance of site and/or building permits,the applicant shall submit the following to the Planning Department(Duane Roberts,ext. 347)for review and approval: a. The applicant shall provide the City with a formal,written operation and maintenance plan dealing with the timely removal of dog feces from the park lawn area. b. The applicant shall obtain a City sign permit for any signage placed on the property. 1 — 2. Prior to final inspection by the City, the applicant shall submit proof that all site improvements have been completed in accordance with the approved plans to the Planning Department(Duane Roberts,639-4171,ext. 347). 3. After the first and fifth months of operations,and thereafter as deemed necessary by the Planning Department,the City Park Maintenance Supervisor shall solicit written and/or oral comments from the members of the Dog Park Committee and from owners of all land and businesses located along both sides of Hunziker Street regarding the operation of the dog park and mitigation of any adverse impacts on area businesses and properties. 4. During the first two months of operation and thereafter as deemed necessary by the Planning Department,the Park Maintenance Supervisor or his or her designee shall visit the dog park site during rain events to observe storm water runoff between the dog park and Ball Creek and to ensure bacteria and nutrients from the dog park do not enter Ball Creek or its associated wetlands. If the storm water is confined to a discrete flow pattern,such as rivulets,the Park Maintenance Supervisor or his or her designee shall prevent the water from flowing in such a discrete pattern or take other steps to ensure bacteria and nutrients from the dog park do not enter Ball Creek or its associated wetlands. 5. Failure to satisfy the conditions of approval within 18 months of the effective date of the hearings officer's decision shall render the hearings officer's decision void. DATED this 29th ' ., of April, 2002. A.41.4 ALt Epst P Tigard He..• :. Officer Hearings Officer Final Order CUP 2002-00001(Potso Dog Park) Page 4 Duane Roberts - Potso CU Letter-sec(1-J letter 120202.doc Page 1 .. I t,I. --I 000 p ffv Voc, L `� C( ib.C#111" 1110" 4.9 01 December 2, 2002 Dear Resident, Recently, the City of Tigard opened the Potso Dog Park (off leash area) on Wall Street near your residence or business. In accordance with the Conditions of Approval for the Conditional Use Permit, we are soliciting information regarding the operation of the off leash area and any adverse impacts that it may have on the area businesses or properties. This is your opportunity to voice your concerns or notify the City of Tigard of any issues or concerns that may have resulted from this park as well as any positive comments you may have regarding the use of this park. Please comment on issues or concerns that have occurred since July 20, 2002,when the park opened. Prompt response to this solicitation for comments will assure that any concerns or issues that may have occurred will be addressed in a timely manner. If you would like for us to contact you personally,please include a name and telephone number or an address where we may contact you. We appreciate any information that will assist us in making this a successful operation for both the citizens and their pets,and businesses and residences in the surrounding area. This is the second mailing soliciting comments on the Potso Dog Park. There are no future mailing planned at this time. Please send comments to: Steve Martin,Park Supervisor City of Tigard 13125 SW Hall Blvd. Tigard, OR. 97223 Thanks in advance for your input. ea,,t062 Item No. 3 For . '.;,il Newsletter dated /0 ,i j lil ` 6 CITY OF TIGARD October 30, 2003 OREGON James A. Wojtila Chief Finance Officer Coe Manufacturing Company 609 Bank Street/PO Box 520 Painesville,OH 44077 Re: Potso Dog Park—Lease Addendum Dear Mr. Wojtila: Attached is an executed copy of the Amendment to Lease related to the Ground Lease for the Tigard Dog Park, "Potso Dog Park." I have reviewed the Ground Lease dated May 14, 2002, and have agreed with the interpretation of Coe Manufacturing that Section 7, Title to Improvements, was not intended to provide the City of Tigard with a Purchase Option for the premises. As a result, I have executed the Amendment to Lease. As always, the City of Tigard is extremely appreciative of Coe Manufacturing Company's willingness to allow the City to site and maintain the Dog Park. The Park has been very popular with our community and is a community asset. Thank you for continuing to allow the City to lease the premises. I hope that this amendment clears up the concern. Sincerely, William A. Monahan City Manager Enclosure c: Tom Talbot iiadn16i11etters120031wojtda doc 13125 SW Hall Blvd., Tigard, OR 97223(503)639-4171 TDD(503)684-2772 OCT-29-2003 14:39 MANUFACTURING 4406399563 P.02i02 AMENDMENT TO LEASE THIS AMENDMENT TO LEASE is executed by and between the undersigned Landlord and Tenant as of the date(s) referenced below. Landlord and Tenant are parties to that certain Ground Lease(the"Lease") dated May 14, 2002, in connection with the City of Tigard dog park leased premises described in Exhibit A attached hereto. Landlord and Tenant wish to amend the Lease to clarify certain matters. 1. Amendment. Landlord and Tenant acknowledge and agree that there is no separate"Purchase Option for the Premises" or"Agreement for Ground Lease and Exclusive Option to Purchase" entered into by Landlord and Tenant and that all references to the same in the Lease are hereby removed from the Lease. Therefore, the second sentence of Section 7 of the Lease is hereby amended to read as: "If this Lease shall expire or sooner terminate, title to the Improvements shall automatically pass to, vest in, and belong to Lessor without further action on the part of either party and without cost or charge to Lessor." Similarly, the first sentence of Section 17 of the Lease is hereby amended to read as: "This Lease contains the entire agreement between the parties and, except as otherwise provided, can be changed, modified, amended, or terminated only by an instrument in writing executed by the parties." 2. Status of Le.ase. Except as expressly amended hereby, the Lease Agreement remains in full force and effect and is hereby ratified and confirmed. IN WITNESS WHEREOF, this Amendment has been executed as of the date and year first above written. LANDLORD: Coe Manufacturing Company By: Its: C� Date o xecution: October o2, , 2003 TENANT: The City of Tigard, an Oregon municipal corporation Its ( Yy /1#V '1 M-s'-it Date of Execution: October 3 0 2003 Page 1 AMENDMENT TO LEASE TOTAL P.02