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CUP2009-00003 EXPIRED CUP2009 - 00003 WILDE RESIDENTIAL CARE FACILITY 120DAYS: 7/8/2010 DATE OF FILING: 5/21/20k 1 DATE MAILED: 5/21/2010 CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER Case Numbers: CONDITIONAL USE PERMIT (CUP) 2009-00003 ADJUSTMENT (VAR) 2009-0002 Case Name: WILDE RESIDENTIAL CARE FACILITY Applicant's Name/Address: Harris McMonagle Associates,Inc. 8740 SW Scoffins Street Tigard,OR 97223 Owner's Name/Address: Danielle Wilde 12550 SW 134th Avenue Tigard, OR 97224 Address of Property: 12550 SW 134'Avenue Tigard,OR 97224 Tax Map/Lot Nos.: Washington Co.Tax Assessor's Map No.2S104AC,Tax Lot 02700. A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS APPROVING A REQUEST FOR A CONDITIONAL USE AND DENYING A REQUEST FOR A PARKING ADJUSTMENT. THE CITY OF TIGARD HEARINGS OFFICER HAS REVIEWED THE APPLICANT'S PLANS, NARRATIVE, MATERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISIONS STAFF REPORT AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE HEARINGS OFFICER HELD A PUBLIC HEARING ON MAY 10. 2010 TO RECEIVE TESTIMONY REGARDING THIS APPLICATION. THIS DECISION HAS BEEN BASED ON THE FAd1S,FINDINGS AND CONCLUSIONS CONTAINED WITHIN THIS FINAL ORDER Request: ➢ The applicant requests Conditional Use approval to expand an Adult Foster Care facility in an existing single-family dwelling from five to eight beds. The subject site is 0.17-acre. The project includes indoor improvements to accommodate eight beds and outdoor improvements to accommodate an additional parking space. A Special Adjustment for reduction in the minimum parking requirement from four to three spaces is also requested. At the May 10, 2010 public hearing, the Hearings Officer held the record open for one week, then approved the Conditional Use, subject to conditions of approval; and denied the request for an Adjustment to the parking standards. Zone: R-25: Medium High-Density Residential District. Applicable Review Criteria: Community Development Code Chapters 18.330, 18.360, 18.370, 18.390, 18.510, 18.705, 18.7725, 18.745, 18.765, 18.780, 18.790, 18.795 and 18.810. Action: > ❑ Approval as Requested © Partial Approval and Partial Denial Notice: Notice was published in the newspaper and mailed to: © Owners of Record within the Required Distance © Affected Government Agencies © Interested Parties © 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 Permit Center at City Hall. Final Decision: THIS DECISION IS FINAL ON MAY 21,2010 AND BECOMES EFFECTIVE ON JUNE 8, 2010 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 JUNE 7, 2010. 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 Steve Bloomquist for a ) FINAL ORDER conditional use permit and special adjustment to operate ) CUP2009-00003/ a Residential Care Facility in an existing residence ) VAR2009-00021 at 12550 SW 134th Avenue in the City of Tigard, Oregon ) (Wilde Care Facility) A. SUMMARY 1. Steve Bloomquist filed the application on behalf of Danielle Wilde (the "applicant"). The applicant currently operates a five-bed Adult Foster Care Facility at 12550 SW 134th Avenue; also known as tax lot 02700 WCTM 2S104AC (the"site"). With this application, the applicant requests approval of a conditional use permit to expand the facility to an eight bed Residential Care Facility. The applicant also requests an adjustment to reduce the number of required on-site parking spaces from four to three. Additional basic facts about the site and surrounding land and applicable approval standards are provided in the Staff Report to the Hearings Officer dated April 30, 2010 (the " Staff Report"), incorporated herein by reference. 2. Tigard Hearings Officer Joe Turner(the"hearings officer") conducted a duly noticed public hearing to receive testimony and evidence in the matter. At the public hearing, City staff recommended conditional approval of the application. Representatives of the applicant testified in support of the application. Two persons testified in opposition to the application. Disputed issue in this case include: a. Whether the proposed Residential Care Facility is allowed in the R-25 zone; b. Whether"The site size and dimensions provide adequate area for the needs of the proposed use." TMC 18.330.030.A.1; c. Whether the proposed facility will impact adjacent properties due to increased traffic volume,parking demand, reducing the safety of the neighborhood and requests for assistance from neighbors; d. Whether the proposed facility will impact the value of surrounding properties and whether such impacts are relevant to the applicable approval criteria: e. Whether the hearings officer has authority to impose conditions of approval limiting the scope, scale and operation of the facility; f. Whether future owners of the facility will be bound by the conditions of approval; CUP2009-00003/VAR2009-00021 Hearings Officer Final Order (Wilde Residential Care Facility) Page 1 of 18 g. Whether and how the City will enforce compliance with the conditions of approval; h. Whether the facility can comply with the minimum parking requirements of TDC Table 18.765.2; and i. Whether the applicant sustained the burden of proof that the proposed adjustment to the minimum parking requirements complies with the applicable approval criteria. 3. The hearings officer concludes that: a. The applicant failed to sustain the burden of proof that the proposed adjustment to the minimum parking requirements complies with the applicable approval criteria in Tigard Development Code ("TDC") 18.370.020.C.7.a, because the applicant did not submit a parking study prepared by a traffic consultant or parking data from comparable sites demonstrating compliance with the criteria listed in TDC 18.370.020.C.7.a(1) and (2); and b. The applicant sustained the burden of proof that the proposed conditional use permit does or will comply with the applicable criteria of the Community Development Code, based on the findings and conclusions included and incorporated herein and subject to conditions at the end of this final order. B.HEARING AND RECORD 1. The hearings officer held a duly noticed public hearing on May 10, 2010 to receive and consider public testimony in this matter. The record includes a witness list, materials in the casefile as of the close of the record, including materials submitted after 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 selected relevant testimony offered at the hearing. 2. City planner Gary Pagenstecher summarized the Staff Report. a. He noted that the applicant proposed to limit the use to the residential care of persons over 62 years of age in order to address concerns expressed by neighboring residents. He agreed that a condition of approval is warranted to reflect the applicant's intent. He noted that TDC 18.330.030.B authorizes the hearings officer to impose conditions of approval"[w]hich are found necessary to ensure the use is compatible with other use in the vicinity, and that the impact of the proposed use on the surrounding uses and public facilities is minimized." The hearings officer can impose conditions of approval limiting the scope of the use to what is proposed by the applicant or to further restrict the use as necessary to limit its impact on the surrounding area. CUP2009-00003/VAR2009-00021 Hearings Officer Final Order (Wilde Residential Care Facility) Page 2 of 18 b. He noted that the Code requires a minimum 3.2 off-street parking spaces to serve the proposed 8-bed facility. TDC 18.765.070.0 requires that"Fractional space requirements shall be counted as a whole space."Therefore 3.2 spaces must be rounded up to 4 spaces. The applicant requested an adjustment to reduce the required parking to three off-street parking spaces. He recommended the hearings officer approve the adjustment. Three off-street parking spaces are adequate to serve the parking needs of the proposed use. Parking demand is limited to facility staff, visitors and emergency and delivery vehicles. The facility residents do not drive. Additional on-street parking is available along the site's 134th Avenue frontage. The site has 136 feet of frontage on 134th Avenue. Subtracting the proposed 30-foot driveway leaves 106 feet of frontage for on-street vehicle parking, or five 18-foot parking spaces. c. He noted that the applicant originally proposed to dedicate an additional two feet of right of way along the site's 134th Avenue frontage to bring the site into compliance with current City standards. However the proposed right of way dedication would reduce the setback for the existing structure to less than the minimum requirements of the R-25 zone. Therefore the applicant proposed to grant a two-foot wide easement along the site's 134th Avenue frontage rather then dedicating right of way. Granting an easement would not affect the setbacks to the existing structure. He requested the hearings officer modify recommended condition of approval 1 to that effect as set out in his May 10, 2010 memorandum(Exhibit 1). d. He agreed that a condition of approval is warranted requiring that the applicant obtain a change of occupancy permit for the existing structure prior final approval of the site permit improvements. e. He noted that state law regulates the staffing requirements and other operational issues of the proposed Residential Care Facility. 3. City development engineer Gus Duenas agreed with the applicant's proposal to grant an easement along the site's 134h Street frontage. An easement will ensure that the area within the easement is preserved for future street improvements without affecting the setbacks of the existing structure on the site. He agreed with the applicant's request to change the word"dedicate"to "grant" in revised condition of approval 1. a. He testified that the existing pavement on 134th Avenue abutting the site is wider than the current street standard requires. The existing street appears to have a 36- foot paved section with curb-tight sidewalks within a 50-foot right of way. The current Street Standards require a 32-foot paved section and sidewalks separated from the roadway by a five-foot planter strip within a 54-foot right of way. The current 32-foot paved section standard allows for two-way traffic and on-street parking on both sides of the street. Therefore the existing 36-foot paved section can easily accommodate two-way traffic and on-street parking. b. He noted that on-street parking is available for use by the general public. It is not reserved for the use of the abutting property owners. CUP2009-00003/VAR2009-00021 Hearings Officer Final Order (Wilde Residential Care Facility) Page 3 of 18 4. Attorney Andrew Stamp and Planner Steve Bloomquist testified for the applicant. a. Mr. Stamp noted that the site and surrounding properties were developed under a prior street standard that required a minimum 25-foot right of way. The City's current standard requires a 27-foot right of way. Therefore the applicant originally proposed to dedicate two feet of additional right of way to bring the site into compliance with the current City standard. However such a dedication would make the existing structure on the site nonconforming with respect to setback requirements. Therefore the applicant proposed to grant an easement instead of dedicating right of way. The easement will provide adequate area for future street improvements while maintaining compliance with the setback requirements of the R-25 zone. He agreed with revised condition of approval 1 recommended by Staff in Exhibit 1. However he requested the hearings officer change the word"dedicate" to "grant." i. He argued that Mr. Roth's concerns about property values are not relevant to the applicable approval criteria. ii. He noted that the proposed Residential Care Facility is allowed as a conditional use in the R-25 zone. Therefore the City Council has determined that this type of facility is compatible with residential uses. Mr. Moiso's argument that Residential Care Facilities are not allowed in residential zones constitutes a collateral attack on the City's zoning ordinance. iii. He noted that the applicant proposed to expand the facility to serve a maximum eight elderly residents. That limitation is binding on the applicant and any future owners of the site. They cannot alter or expand the use on the site without further City approval. In addition,the existing building cannot accommodate additional residents, based on the space requirements imposed by state law. He agreed to a condition of approval limiting the use to a maximum of eight residents, not including staff iv. He testified that a decision approving a CUP is both an authorization of a particular use and a limitation of the scope of the use. The Code provides the hearings officer a broad grant of authority to impose conditions necessary to ensure that the use is compatible with the neighborhood. Once the 21-day appeal period expires, any conditions of approval imposed by the City are binding on future owners of the site, even though the City's decision is not included in the deed record for the property. Potential buyers have a duty to contact the City to identify any limitations on the use of the property prior to purchase. A future owner could request a modification of the CUP to change the size or scope of the use. However such a modification would require additional City review through a public process. The proponent of the modification would have to demonstrate that the modification continues to comply with all applicable approval criteria. CUP2009-00003/VAR2009-00021 Hearings Officer Final Order (Wilde Residential Care Facility) Page 4 of 18 v. He argued that any increase in traffic and parking demand generated by the proposed expansion will be de minimis. Parking demand generated by visitors, deliveries and offsite health care providers is generally short term and will have little impact on the neighborhood. On-street parking is available to the general public. He noted that several neighbors submitted letters in support of the application, stating that the current use has little or no impact on the neighborhood. vi. He noted that the facility will only serve elderly residents who are unlikely to disturb the neighborhood. The applicant requested assistance from the neighbors on one occasion. However such assistance is not a routine practice. The applicant can call other staff persons or 911 if assistance is necessary. vii. He noted that zoning enforcement is generally a complaint driven process. The City relies on citizen complaints to identify violations. However, once a violation has been identified, the City will enforce the laws, including compliance with any conditions of land use approval. The fact that the applicant is requesting City approval of the proposed expansion indicates her willingness to comply with the law. b. Mr. Bloomquist summarized the proposed use and his PowerPoint document, Exhibit 2. He accepted the findings and conditions in the Staff Report, as modified at the hearing, including a condition limiting the use to residential care of persons over 62 years of age, a condition requiring that the applicant obtain a change of occupancy permit and revised condition 1 as set out in Exhibit 1 and modified by Mr. Stamp's testimony. 5. Area resident Michael Moiso testified in opposition to the application. He argued that the proposal to change from an Adult Foster Care Facility to a Residential Care Facility is a"huge" change. The existing facility is"already bursting at the seams." a. He argued that this application violates the legislative intent of the state statute regulating adult care facilities. Adult Foster Care Facilities, which are limited to a maximum five residents, are intended to be located in residential neighborhoods. Residential Care Facilities,which have no limit on the number of residents, are not intended to be located in residential areas. They are intended to be located in commercial areas. If the facility is approved as a Residential Care Facility, the applicant or a future owner could continue to expand the facility, adding additional beds and increasing the impacts of the facility on the neighborhood. The hearings officer has no authority to impose a condition of approval limiting the number of beds. b. He argued that the hearings officer has no authority to impose a condition of approval limiting the use to the care of elderly persons over 62 years of age as proposed by the applicant. A future owner of the facility could file a lawsuit to eliminate the condition and use the facility for other types of care. Even if the condition is valid, the applicant or a future owner may ignore the condition and alter the facility to provide other types of care. The City will not inspect the facility in order to ensure continued compliance with the conditions of approval unless it receives a complaint from CUP2009-00003/VAR2009-00021 Hearings Officer Final Order (Wilde Residential Care Facility) Page 5 of 18 neighboring residents. The City is shifting the burden of policing the operation of the use onto neighboring residents. c. He testified that the existing use generates a significant demand for vehicle parking. The applicant, her boyfriend and at least one caretaker are almost always on site. Visitors, deliveries, doctors and ambulances generate additional traffic and parking demand. The proposed expansion will generate additional traffic, further increasing the parking demands of the facility. The applicant's use "consumes more than her share" of the available on-street parking in the neighborhood. He disputed Mr. Pagenstecher's conclusion that there is sufficient area to park five vehicles along the site's 134th Avenue frontage. Vehicles would have to be parked bumper to bumper to fit five cars into 106 feet of frontage. The applicant, her boyfriend and her staff person usually park in the site driveway, consuming all of the on-site parking. Visitors, health care providers and delivery vehicles must park on the street. The additional traffic and parking demand will affect the safety of neighborhood residents and the quiet enjoyment of their properties. d. He noted that the applicant does not live on the site. She relies on employees to care for the residents when she is away from the site. These unknown persons could potentially pose a threat to the safety of the neighborhood. The applicant may not conduct complete background checks on her employees. Protection of the public health, safety and welfare is an applicable approval criterion. e. He testified that the applicant and her employees have requested help from neighbors when residents have fallen out of bed or out of their wheelchairs. Although the applicant only requested help on one occasion, her staff have requested his help on other occasions. Increasing the number of residents on the site will increase the need for such assistance. f. He argued that streets within the neighborhood, which are not constructed to current standards, are two narrow to accommodate the volume of traffic generated by a Residential Care Facility. On-street parking limits traffic to a single through lane. He disputed Mr. Stamp's testimony that the facility will have a de minimis traffic impact. Mr. Stamp has no experience with the existing facility and has never visited the site. g. He argued that the proposed Residential Care Facility is not compatible with other residential uses in the area. The applicant is asking the hearings officer to exceed his authority by approving the proposed use. h. He argued that the applicant must offer some compelling reason to justify approval of the facility and its impacts on the neighborhood. i. He noted that the neighbor comment letters cited by Mr. Stamp were written by the applicant and submitted to neighbors for their signatures. In addition,the letters only address the impacts of the current facility, not the proposed expansion. CUP2009-00003/VAR2009-00021 Hearings Officer Final Order (Wilde Residential Care Facility) Page 6 of 18 6. Area resident Scott Roth agreed with Mr. Moiso's testimony. He also expressed concerns that the proposed use will impact the value of other properties in the area. 7. The applicant, Danielle Wilde, testified that she asked Mr. Moiso for assistance on one occasion, when a resident fell out of bed. She no longer needs such assistance. There are always two staff people on site at night. She has a patient hoist to lift residents into their beds or wheelchairs. She can call her boyfriend or 911 if additional assistance is needed. a. She argued that the use does not generate a significant amount of vehicular traffic. She and her staff work three or four 24-hour shifts in a row. They park in the site driveway and do not travel back and forth to the site every day. The proposed expansion will not require any additional employees. The residents of the facility all require a high level of care, which makes them unable to drive. Family visits average one visit per week and usually last between 20 minutes and one hour. One resident has a visiting nurse who stays for one hour once a week. She receives deliveries once a month and occasional UPS deliveries, similar to a residential use. b. She testified that the existing building cannot accommodate more than eight residents. She cannot add a second story to the building because the residents cannot accommodate stairs and there is no room to add an elevator. 8. Michael DeShane testified that he owns and operates a number of assisted living facilities in the area. Almost all of his facilities are located in residential neighborhoods pursuant to CUP approvals. He argued that state laws imposes far more restrictions on the proposed Residential Care Facility than it does on the existing Adult Foster Care Facility. Prior to 1990 Adult Foster Care Facilities were not subject to any regulations. Residential Care Facilities have always been regulated by the state. However state law does not regulate the location of such facilities. 9. At the end of the hearing, the hearings officer held the record open for one week as required by ORS 197.763(6)(e) to allow the applicant to submit a final written argument. The record in this case closed at 5:00 p.m. on Monday,May 17, 2010. a. Mr. Stamp submitted a written final argument on May 17, 2010,Exhibit 3. C.DISCUSSION 1. The Staff Report identifies the applicable approval criteria for the application and applies them to the record in the case. The hearings officer agrees that the standards identified in the Staff Report are applicable and finds that they are correctly applied to the facts of the case in the Staff Report. Substantial evidence in the record shows that the proposed use does or can comply with the applicable approval criteria for a CUP, and CUP2009-00003/VAR2009-00021 Hearings Officer Final Order (Wilde Residential Care Facility) Page 7 of 18 adoption of recommended conditions of approval as amended will ensure final plans are submitted and implemented as approved consistent with those criteria and standards and will prevent, reduce or mitigate potential adverse impacts of the development consistent with the requirements of the TDC. The hearings officer adopts the findings and conclusions in the Staff Report as his own except to the extent they are inconsistent with the findings and discussion in this final order. 2. The hearings officer finds that there is no support in the record for Mr. Moiso's assertion that this application for approval of a Residential Care Facility in the R-25 zone violates the legislative intent of either the state statute legislature or the City Council. To the contrary,the proposed use is expressly allowed as a conditional use in the R-25 zone. a. The proposed Residential Care Facility qualifies as a"group living" facility as defined by TDC 18.130.020.A.2: Group Living: Living facilities for groups of unrelated individuals which includes at least one person residing on the site who is responsible for supervising, managing, monitoring and/or providing care, training or treatment of residents. Larger group living facilities may also be characterized by shared facilities for eating, hygiene and/or recreation. Examples include nursing/convalescent homes, residential care/treatment facilities; sororities/fraternities and convents/monasteries. Tenancy is longer than one month. Does not include detention and post-detention facilities(see 18.130.020 E.3.,Detention Facilities). [Emphasis added] Group living facilities for up to five people are "permitted by right" in all residential zones. Group living facilities with six or more residents are permitted as a conditional use in all residential zones. See TDC 18.510.1.' b. This is generally consistent with state law, which requires that residential care facilities be allowed in residential zones. ORS 197.663(4)provides "To meet the growing need for residential homes and residential facilities, it is the policy of this state that residential homes and residential facilities shall be considered a residential use of property for zoning purposes." (Emphasis added). ORS 197.667 provides that"(1) A residential facility shall be a permitted use in any zone where multifamily residential uses are a permitted use [and] (2)A residential facility shall be a conditional use in any zone where multifamily residential uses are a conditional use." As the applicant noted at 'TDC 18.120.030.A.7 defines"conditional use"as: A use which may be permitted by the approval authority following a public hearing,upon fmdings by the authority that the approval criteria have been met or will be met upon satisfaction of conditions of approval. CUP2009-00003/VAR2009-00021 Hearings Officer Final Order (Wilde Residential Care Facility) Page 8 of 18 p 5 of Exhibit 5, the City may be exceeding its authority by requiring a conditional use permit for residential care facilities in the R-25 zone,where multifamily residential uses are a permitted use. See TDC Table 18.510.1. c. The hearings officer notes that the description of the proposal in the Staff Report is inaccurate. The Staff Report states that"the applicant requests Conditional Use Approval to expand an Adult Foster Care Facility from five to eight beds." p 1 of the Staff Report. However Adult Foster Care Facilities are, by definition, limited to a maximum five residents. See OAR 411-050-0408(1). The applicant is currently operating an Adult Foster Care Facility as a permitted use on the site. With this application, the applicant requests Conditional Use Approval to operate a Residential Care Facility on the site, which can accommodate six or more residents. See OAR 411- 054-0005(47). i. The hearings officer finds that this erroneous description of the proposal did not cause significant confusion or prejudice the rights of the public to participate in the review process. The application narrative and application forms clearly state that the applicant is requesting approval of a conditional use permit to operate a Residential Care Facility for up to 8 residents. All of the participants in the hearing clearly understood the scope of the proposed application and the distinction between the existing Adult Foster Care Facility and the proposed Residential Care Facility. 3. The hearings officer finds that the proposed use does or can comply with the approval criteria for a conditional use permit as set out in TMC 18.330.030.A. a. "The site size and dimensions provide adequate area for the needs of the proposed use."TMC 18.330.030.A.1. i. The 0.17-acre site is currently developed with a 2,675-square foot, 5-bedroom, single-family residential structure. The applicant proposes to operate the use inside the existing structure, without any changes to the structure's size or footprint. State law allows up to two residents per bedroom. OAR 411-054-0200(4). Therefore the existing five bedrooms are adequate to accommodate the eight residents proposed in this application. ii. The hearings officer finds that the site is large enough to accommodate the additional parking needed to serve the use,based on the discussion below. iii. The applicant revised the application to replace the right of way dedication along the site's 134th Avenue frontage with an easement. Setbacks are measured from the property line, not the easement. TDC 18.120.030.A.130. Therefore the existing structure will continue to comply with the setback requirements of the R-25 zone. CUP2009-00003/VAR2009-00021 Hearings Officer Final Order (Wilde Residential Care Facility) Page 9 of 18 b. "The impacts of the proposed use of the site can be accommodated considering size, shape, location, topography, and natural features."TMC 18.330.030.A.2. As noted above, the use will primarily be conducted within the existing residential structure on the site. Therefore the majority of impacts will also be confined within the structure. The primary offsite impacts identified in the record are increased vehicular traffic and parking demands. i. The proposed expansion will increase the capacity of the facility by three residents. The residents of the facility will not generate additional traffic, because they are unable to drive due to their need for care. The applicant testified that the proposed expansion will not require additional staff. Therefore the traffic impacts of the proposed expansion are limited to increased trips by visitors, health care providers and delivery vehicles. There is no evidence that these additional trips, combined with traffic generated by the existing facility and residential uses in the neighborhood, will exceed the capacity of area streets or create a hazard. SW 134th Avenue abutting the site is designated a"local residential street," which is designed to carry a maximum 1,500 vehicles per day("VPD"). See TDC Figure 18.810.4.A. Based on the assessor's maps, there are roughly 30 existing homes with frontage on SW 133`d/134th Avenue. According to the Institute of Traffic Engineers Trip Generation Manual (the "ITE Manual"), single- family homes generate an average 10 vehicle trips per residence per day. Therefore the 30 homes on this street will generate a maximum 300 VPD, well below the 1,500 VPD this street is designed to carry. The existing 36-foot paved section of 134th Avenue exceeds the current standard for local residential streets and is more than adequate to accommodate two-way traffic with on-street parking on both sides of the street.' ii. The applicant proposed to provide three off-street parking spaces on the site. These parking spaces will accommodate the parking needs of the facility staff(the applicant and her employees, including her boyfriend),based on the applicant's unrebutted testimony. Visitors,health care providers and delivery vehicles can utilize on-street parking near the site. SW 134th Avenue is a public street with on- street parking permitted on a first-come, first served basis. On-street parking is not reserved for abutting residents and their guests. Excessive use of on street parking by vehicles associated with the facility could conflict with existing residential uses. However the minor increase in the capacity of the facility is unlikely to cause such excessive impacts. Based on the applicant's unrebutted testimony, the majority of visitor, delivery and health care provider visits are infrequent and relatively short term. There is no substantial evidence to the contrary. 2 The current City standard for local residential streets requires a minimum 32-foot paved section,which is adequate to accommodate two-way traffic with vehicles parked on both sides. See TDC Figure 18.810.4.A. CUP2009-00003/VAR2009-00021 Hearings Officer Final Order (Wilde Residential Care Facility) Page 10 of 18 iii. The proposed Residential Care Facility will attract additional people to the immediate area(facility residents, facility staff,health care providers, visitors, etc), which may lead to an incremental increase the amount of litter, vandalism, and illegal activities. However the hearings officer finds that there is no substantial evidence in the record that these persons are any more or less likely to engage in nuisance or illegal activities than other people or that such effects will result from the operation of the facility. iv. Even if the proposed use will have an adverse impact on property value --- and there is no substantial evidence to that effect in the record--- protection of property value is not expressly relevant to the applicable State or City standards. The hearings officer must base the decision on the laws of the City of Tigard and the State of Oregon. v. Mr. Moiso testified that the applicant and her staff have called on neighboring residents for assistance with moving residents in the past. Such requests for assistance could arguably constitute an adverse impact on neighboring residents. In addition, the hearings officer opines that such requests may be inappropriate and unsafe. Assistance from neighbors may violate the staffing requirements imposed by state law, as neighboring residents may not have the necessary training in moving patients. Such assistance may expose the applicant and the neighbors to liability for injuries that may occur. However,based on the plain meaning of the words in the law, the past behavior of the applicant is not relevant to the applicable approval standards for a home occupation permit in the TDC.3 The past behavior of the applicant and her staff does not show that the applicant cannot or will not operate the facility in a manner that complies with the TDC. The applicant has not proposed to rely on neighbors' assistance in the operation of the proposed facility. Adequate alternatives are available, including on-call help from the applicant and her staff, use of the applicant's patient hoist and/or emergency assistance through the 911 system. There is no need for the applicant to rely on assistance from neighbors. vi. There is no substantial evidence that the proposed facility is likely to generate excessive noise or other adverse offsite impacts. Mr. Moiso and Mr. Roth failed to identify any additional impacts at the hearing. Other neighbors stated that the existing Adult Foster Care facility does not generate any impacts on the neighborhood. See the comment letters submitted with the application. 3 ORS 227.173(1) provides as follows: Approval or denial of a discretionary permit application shall be based on standards and criteria, which shall be set forth in the development ordinance and which shall relate approval or denial of a discretionary permit application to the development ordinance and to the comprehensive plan for the area in which the development would occur and to the development ordinance and comprehensive plan for the city as a whole CUP2009-00003/VAR2009-00021 Hearings Officer Final Order (Wilde Residential Care Facility) Page 11 of 18 • (A)Mr. Moiso testified that many of the letters were written by the applicant and submitted to neighbors for signature. However the neighbors did sign the letters, indicating agreement with the statements in the letters. In addition, many of the letters are handwritten by the individual neighbors. (B)Mr. Moiso is correct that the neighbors' testimony is based on their observations of the existing Adult Foster Care facility. However the proposed Residential Care Facility will operate in substantially the same manner. Approval of this application will only add three residents to the site. Therefore the hearings officer finds that approval of this application will not cause significant changes in the facilities impacts. c. The hearings officer finds,based on the findings in the Staff Report, that all required public facilities have adequate capacity to serve the proposal. Therefore the application complies with TMC 18.330.030.A.3. d. Several persons argued that the facility should not be located in a residential zone. However, as discussed above, group living facilities, including residential care facilities, are permitted as a conditional use in the R-25 zone. TDC Table 18.510.1 Therefore the hearings officer finds that the proposed use is complies with the applicable requirements of the zoning district and the application complies with TMC 18.330.030.A.4. e. The hearings officer finds that the facility does or can comply with the additional development standards for group living facilities listed in TDC 18.330.050.B.15. i. Based on the assessor's map in the record, the site contains 7,209 square feet, which exceeds the minimum 5,000 square foot lot size requirement of TDC 18.330.050.B.15.a. ii. As noted above, the applicant revised the application to replace the right of way dedication along the site's 134th Avenue frontage with an easement. Therefore the existing structure will continue to comply with the setback requirements of the R-25 zone and with TDC 18.330.050.B.15.b. iii. The existing 1.5-story structure complies with the maximum 45-foot building height limit of the R-25 zone, as listed in TDC Table 18.510.2. No changes are proposed to the building height. Therefore the application complies with TDC 18.330.050.B.105.c. iv. The applicant has applied to the State Department of Human Services for a license to operate a Residential Care Facility. The applicant should be required to obtain the license prior to accepting any additional residents beyond the maximum five residents permitted under the applicant's existing Adult Foster Care CUP2009-00003NAR2009-00021 Hearings Officer Final Order (Wilde Residential Care Facility) Page 12 of 18 Facility license. with TDC 18.330.05033.15.d. ondition of approval is warranted v.parking requirements to that effect Lion complies ts o Chapter proposed facility c tD ensure compliance aer chapters is or can be officer finds, dings with Therefore h off street Ater 18 f the c nsistent nds, bas the approval are rec' Site Development chiding but with supplementary the findings in identify 4 Contrary- t ensure such not limited 18.330.030.4.6.sO Ch r requirements Staff tray,to rich co Per 18.780, s set forth Report, that complies some "compelling nipli Si rth in mPlies With the 1�°iso's rise ante occurs in facC°ndit o Signs, and legislature identified heap lic g reason"f rtiona the t. of Facilities in esid a lling raper°Val approval o Code does not require that the a (1) �t . RS 19Z663,reas°ns for PPrOVed �n the application elderly persons policy of this whichProVidPeproval ofaddition, the state communities P rsons s state that s the are entitled atpersons ntial Care (2) Ther use sher disability should to live as with disabilities facilities m communities pn gr en; disabilities Provide need for residential l the Within placement and quality idential them to live (3} It facilities is ernent ofsu el provide quaety care and protection and r in grips; f:8etiai o li es nd h Peroons and tsecti for ti(4) facil• It to site n state institutions inappropriate persons Wi meet the 'ties in it and establish esidns and with facilities, grOWi a communities reside nursing residential t the the ng need for residential o f titn homes g homes; property facihiti Policy of esidential this state; and (S) petty for es shall his state homes an t i e policy oftgP purposes;c°nsidereda residential residential accomplished of this state state to integrate residential use and communities if this state. The facilities residential integration faciliti ties ae concentrated tion cannot be the inanyone 0 pp34'4R2p ���1 Near[ngs 0�eer Final Order C de Residential Care Fa P age 13 9'18 1 5. TDC 18.330.030.B grants the hearings officer broad authority to impose conditions of approval as necessary to "[e]nsure the use is compatible with other use in the vicinity, and that the impact of the proposed use on the surrounding uses and public facilities is minimized."`Those conditions are binding on the applicant and future owners of the site. Absent a timely appeal of this decision, the conditions of approval can only be modified or eliminated through an application for a new or modified conditional use permit, which would be subject to the same review procedures and approval requirements as this application. 6. The hearings officer finds that conditions of approval are warranted to limit the scope of the use consistent with the applicant's proposal; i.e., by limiting the facility to a maximum 8 residents who must be over the age of 62 and require assistance with "activities of daily living" as defined by OAR 411-054-0005(4). Such conditions are necessary to reflect the applicant's proposal and to ensure that the use remains compatible with other use in the vicinity. 7. As LUBA noted, suggestions that conditions attached to a land use decision may be violated are speculative, and are not grounds for denial of the application. Canfield v. Lane County, 16 Or LUBA 951 (1988). The City will monitor and enforce 4 TDC 18.330.030.B provides: Conditions of approval. The Hearings Officer may impose conditions on the approval of a conditional use,which are found necessary to ensure the use is compatible with other use 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: 1. Limiting the hours,days,place and/or manner of operation; 2. Requiring design features which minimize environmental impacts such as noise,vibration,air pollution,glare,odor and/or dust; 3. Requiring additional setback areas,lot area,and/or lot depth or width; 4. Limiting the building height,size or lot coverage,and/or location on the site; 5. Designating the size,number,location and/or design of vehicle access points; 6. Requiring street right-of-way to be dedicated and street(s)to be improved; 7. Requiring landscaping,screening,drainage and/or surfacing of parking and loading areas; 8. Limiting the number,size,location,height and/or lighting of signs; 9. Limiting or setting standards for the location and/or intensity of outdoor lighting; 10. Requiring berms,screening or landscaping and the establishment of standards for their installation and maintenance; 11. Requiring and designating the size,height,location and/or materials for fences; 12. Requiring the protection and preservation of existing trees,soils,vegetation,watercourses, habitat areas and/or drainage areas; 13. Requiring the dedication of sufficient open land area for a greenway adjoining and within the floodplain when land form alterations and development are allowed within the 100-year floodplain;and 14. Requiring the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. C. Exemptions. Manufactured home parks and manufactured home subdivisions are exempt from the provisions of Subsection B above. Manufactured home subdivisions are subject to approval under the provisions of Chapter 18.430,Subdivisions. Manufactured home parks are subject to approval under the provisions of Chapter 18.340,Site Development Review. CUP2009-00003/VAR2009-00021 Hearings Officer Final Order (Wilde Residential Care Facility) Page 14 of 18 compliance with the conditions of approval. TDC 18.230 authorizes the Director to identify, respond to and remedy alleged violations.Neighbors can initiate the enforcement process by reporting any violations they observe. If the applicant fails to comply with the conditions of approval, i.e.,by exceeding the number of residents, altering the type of care provided or otherwise expanding or changing the use, the planning director can revoke the Conditional Use Permit. The fact that neighbors can assist in monitoring the use does not shift the responsibility to them to do so. The City continues to bear the responsibility for enforcing its laws. However neighbors may be in a better position to monitor the use on a continuing basis because of their proximity, and it may be in their interests to do so given the complaint-driven nature of the enforcement process. 8. The applicant requested an adjustment to the minimum off-street parking requirements of TDC 18.765.070 and Table 18.765.2. a. Table 18.765.2 requires a minimum 1.0 parking space per bedroom or 1.0 space per 2.5 beds for Group Living Facilities. The proposed facility will provide a maximum eight beds. Therefore Code requires a minimum of four parking spaces (8 rooms/2.5 spaces =3.2 spaces,rounded up to 4 spaces per TDC 18.765.070.C). b. TDC 18.765.070.F.2 authorizes up to a 20-percent reduction in the total required off-street parking spaces pursuant the adjustment criteria in TDC 18.370.020.C.7.a. The hearings officer finds that the applicant is requesting less than 20- percent reduction in the total number of required parking spaces in this case (3 space proposed,3.2 spaces required). Therefore the proposed adjustment complies with TDC 18.765.070.F.2. i. The hearings officer finds that the 20-percent reduction figure must be determined prior to the"rounding up" required by TDC 18.765.070.0. To hold otherwise would prohibit smaller developments,with minimal amounts of parking,from taking advantage of the adjustment provisions of TDC 18.765.070.F.2.Where fewer than five spaces are required,eliminating a single parking space would always constitute a more than 20-percent reduction in the total number of spaces. c. However the applicant failed to sustain the burden of proof that the proposed adjustment complies with TDC 18.370.020.C.7.a. This section expressly requires the submittal of a parking study prepared by a traffic consultant or parking data from comparable sites demonstrating compliance with the criteria listed in TDC 18.370.020.C.7.a(1) and(2). The applicant did not submit such evidence. Staff argued that such evidence is not necessary in this case, "due to the minimal request... " However the language of the Code is clear and cannot be waived or ignored.The applicant must submit evidence demonstrating compliance with the criteria listed in TDC 18.370.020.C.7.a(1) and(2). Absent such evidence,the hearings officer must deny the requested adjustment to the minimum parking requirements. CUP2009-00003/VAR2009-00021 Hearings Officer Final Order (Wilde Residential Care Facility) Page 15 of 18 d. The hearings officer finds,based on the applicant's site plan, that there is sufficient area on the site to accommodate four off-street parking spaces on the site. This may require modification of the parking alignment, since the driveway width is limited to a maximum 30 feet. However it is feasible to modify the design of the parking area to meet this requirement. In the alternative, the applicant could submit a separate Type II adjustment application containing the evidence required by TDC 18.370.020.C.7.a. A condition of approval is warranted to that effect. D. CONCLUSIONS 1. Based on the findings and discussion provided or incorporated in this final order, the hearings officer concludes that a. The applicant failed to sustain the burden of proof that the proposed adjustment to the minimum parking requirements complies with the applicable approval criteria in TDC 18.370.020.C.7.a,because the applicant did not submit a parking study prepared by a traffic consultant or parking data from comparable sites demonstrating compliance with the criteria listed in TDC 18.370.020.C.7.a(1) and(2); and b. The applicant sustained the burden of proof that the proposed conditional use permit does or will 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 in fact. E.DECISION In recognition of the findings and conclusions contained herein, and incorporating the Staff Report and public testimony and exhibits received in this matter, the hearings officer hereby denies VAR 2010-00069 and approves CUP2009-00003 (Wilde Residential Care Facility), subject to the following conditions of approval: CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY ONSITE IMPROVEMENTS, INCLUDING GRADING, EXCAVATION AND/OR FILL ACTIVITIES: Submit to the Current Planning Division(Gary Pagenstecher, (503) 718-2434) for review and approval: 1. Prior to issuance of site/building permits, the applicant shall grant a two (2)-foot wide strip along the property's street frontage in the form of an easement reserved for future street and utility improvements. The reserve easement shall be executed on City forms and recorded with Washington County. 2. Prior to site work,the applicant shall submit a revised Site Plan demonstrating that the site contains a minimum of two (2)bicycle parking spaces pursuant to the applicable Bicycle Parking Design standards in TDC 18.765.050. CUP2009-00003/VAR2009-00021 Hearings Officer Final Order (Wilde Residential Care Facility) Page 16 of 18 t ' 3. Prior to site work, the applicant shall submit a revised Site Plan demonstrating that the site contains a minimum of four(4) off-street vehicle parking spaces pursuant to the applicable General Design Standards in TDC 18.765.040 or obtain City approval of a Type II adjustment reducing the number of required parking spaces on the site, pursuant to TDC 18.390.040 and subject to the approval criteria in TDC 18.370.020.C.7. Submit to the Development Engineer (Gus Duenas,503-718-2470) for review and approval: 4. This project does include public facility improvements involving the widening of a driveway and planting of street trees and requires issuance of a PFI permit. Six (6) sets of detailed plans covering the proposed improvements shall be submitted for review to the Development Engineer. PFI permit plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall and the City's web page (www.tigard-or.gov). 5. An erosion control plan shall be provided as part of the PFI permit drawings. The plan shall conform to Clean Water Services Design and Construction Standards (Resolution and Order No. 07-20) Chapter 2. No work on-site shall commence until the erosion control permit is issued. 6. The PFI permit plan submittal shall include the exact legal name, address and telephone and who will provide the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Development Engineer will delay processing of project documents. 7. The applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. The purpose of this plan is for parking and traffic control during the construction phase. 8. The applicant shall submit a preliminary sight distance certification by a registered professional engineer as part of the PFI permit application. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO FINAL APPROVAL OF THE SITE PERMIT IMPROVEMENTS. Submit to the Current Planning Division (Gary Pagenstecher, (503) 718-2434) for review and approval: 9. Prior to final approval of the site ermit, the applicant shall obtain final approval of a change of occupancy permit from the City building department,including any required structural, electrical,mechanical,plumbing and site permits. 10. Prior to final approval of the site permit, the applicant shall call for a final planning inspection to ensure the project was completed per the approved plan. 11. Prior to final approval of the site permit, the applicant shall provide a copy of a license for operation of a Residential Care Facility issued by the Oregon Department of Human Services ("DHS"). CUP2009-00003/VAR2009-00021 Hearings Officer Final Order (Wilde Residential Care Facility) Page 17 of 18 Submit to the Development Engineer (Gus Duenas, 503-718-2470) for review and approval: 12. Prior to final inspection of the public improvements, the applicant shall provide the City with as-built drawings of the improvements as follows: 1) 3 mil mylar, 2) a disk of the as-builts in"DWG" format, if available; otherwise "DXF"will be acceptable, and 3) the as-built drawings shall be tied to the City's GPS network. 13. Prior to final inspection,the applicant's engineer shall submit final sight distance certification for the driveway connections to SW 134' Avenue. 14. Prior to final inspection, the applicant shall execute a restrictive Lovenant with the City for participation in future improvements to expand SW 134 Avenue to the ultimate section. THE ONGOING OPERATION OF THE FACILITY SHALL COMPLY WITH FOLLOWING CONDITIONS. 15. The facility shall be limited to operation of a Residential Care Facility as defined by OAR 411-054-0005(44). The facility shall serve a maximum eight(8) "residents" as defined by OAR 411-054-0005(43). All residents shall be age 62 or. older and in need of assistance with "activities of daily living" as defined by OAR 411-054-0005(4). THIS APPROVAL MUST BE IMPLEMENTED WITHIN 18 MONTHS FROM THE EFFECTIVE DATE OF THE HEARINGS OFFICER'S DECISION. DATED this 21st day of May 2010. Joe Turner, Esq., AICP City of Tigard Land Use Hearings Officer CUP2009-00003/VAR2009-00021 Hearings Officer Final Order (Wilde Residential Care Facility) Page 18 of 18 AY 111 L-j i= WI I . . . .,..„ _. ,. ,, Hart ar Alf VICINITY MAP H '_— Weflwid te -"Ned min j �� at 111, 0 ...., , illies yolk \-1777-.':'-'7''. ).- 11111 11111 aria aLtii. .: - 111 ' 111 -� __ " Subject Site ar 11 NM 1111! ubj ---, NAM 1111111 ... Eft I -3/4/ 1111 1 wpm '9 ,.. mi ) nil ono . _ . , 1 .. Insr,-- .` 4- 110 IL ,,, \./ i I Amvp-ir in ,i 1 1 mei -h, ,: 1 1 NM II� L MIA ,,,,,,,...„ ( in i.-.:1 1 l Ills ,-- _. 1 - Information on this mafp Is for general location J only and should be Division. Scale Development 1- Scale 1:4,000-1 in=333 ft . _ ill - r - .L Map pnnted at 09:09 AM on 19-Mar-10 ^� � '. I DATA NO WARRANTY,R PRESEESWN OR GUARANTEE S10T'. iiiiild �-i MAKES NO WARRANTY,REPRESELE SOUR OR GUARNITEE AS TO THE CONTENT,ACCURACY,TIMELINESS OR COMPLETENESS OF ANY OF THE ~ DATA PROVIDED HEREIN THE CITY OF TIGARD SHALL ASSUME NO LIABILITY FOR ANY ERRORS,OMISSIONS,OR INACCURACIES M THE INFORMATION PROVIDED REGARDLESS OF HOW CAUSED. WI City of 1 Igard �,,a/Qe 13125 SW Hall Blvd Feet 1'I"^M PS Tioard,OR 97223 , a 500 Irl Www.tigardor.gov TIGAARD \ / / \\ CITY' O'F TIGARD� / \ / / / ^'.inditlonaliy Aproved ( `. / T/L 2500 f,ir only the yIotis a df ri ed% \♦, / N°.r5 MIT NA. Ll °Q / TrL zaoo so6...5'7 See'Lett r to: Follow 1 j / R A� -1 I \ 4 Ey/,�"'t ___-_...` D'�ate: /LO • �`t / `•♦ s`\ s �Tlt," T&2600 ss `\-.` \ b4 " Existing Facility /, `• `rte 41 / \ 3 / \N \'‘,...., It li,. ElOSTI1rhaWai \N \ 1 a , a EXISTIMO,1a- \::::,,,, '................ _ SW 134TH AVENUE \`�� — —____ N38'00'08"W l` ,'\ `. '_`__,-- Fn6ilxo ClN1•Iw2 p ' '/ T/L 3300 / `1.' L'�`--- - F»SrFasFnFwur — -T _- I '/ — — — — — — —I— -- -----! .r T/L 3700 • 0 20 VAL 1'-10 91YIF1•• II/FIM2 IraYUTlar. 0011100 9LYl T. HNC Hams-McMonag/e &E5/DfA/77s4L C,4RE fr4G/L/Pl „„,I,.„"` DANIELLE WILDE 12550 5511.114 AVENUE T. .S.‘r .4ssociateS,Inc. 51iE PW, .orz 9nn n4mm 1%8 EKJKERMG-YaLEYAG-NAWRIG .a °°"e15N 0M s7+oswssnaFr sywdaFymsn73 CONDITIONAL USE PERMIT 2 PM Ti(503)6733453 Far(503)6N-1237 �. magma 9° .na v 10/05/09 SITE PLAN s 2 )1 ts17 City of Tigard TIGARD Memorandum To: Joe Turner, Hearings Officer for the City of Tigard From: Gary Pagenstecher,Associate Planner Re: Wilde Residential Care Facility Proposal (CUP2009-00003,VAR2009-00021) Date: May 10, 2010 Based on discussions between the applicant's Attorney and staff during the past week, the applicant may request to amend their proposal by withdrawing the two-foot dedication along SW 134th Avenue in order to avoid otherwise required variances and adjustments contained in Condition #1 of the Staff Report. The City's Development Review Engineer has drafted an alternative condition that may be mutually acceptable. If acceptable by the applicant, staff recommends replacing Condition #1 with the following alternative condition. With this condition, the property ownership remains with the applicant, but nothing permanent that can preclude future widening of the roadway can be built within the easement. Proposed Condition of Approval 1. Prior to issuance of site/building permits, the applicant shall dedicate a 2-foot wide strip along the property's street frontage in the form of an easement reserved for future street and utility improvements. The reserve easement shall be executed on City forms and recorded with Washington County. >s///r31?° 2- 7. Wilde Group Care Facility CUP-00003 / VAR2009- 0021 Applicant's Representative - Steve Bloomquist Harris McMonagle Associates 8740 SW Scoffins Street, Tigard, OR 97223 -� i t aLa,,9 + .y�,�l. a�s, s..`..--- „„..-....-t-,- ,.s �Fy� -----.."--,,....,',-.t.._. 4 qq .yMSq/ s_..N.�, " t x\ a.x -, nL-.y {�-`'+�..r..rye,ve'avv.s,.r, *. , r -•p•t°' .'re �," °'f'`K i+° "r" r 8e�a , s #+l-� ;" ^ " '�*+s l.s .; .^s 7q z i's— .x. � ."0.01s , Sfts * y,--7. r*"'-im 71 �4k. 4't�x s „ •. 41/441/41/44.- , -.° V Rs 4 ue„ ~r s 4. Ihnr* s ys&a g qr s .1.- _.'S ' s_. IG" . • s 4.. ORS 443.400 to 443.455 • Proposal Pending With the State— To Change the classification of the site from an Adult Foster Care Facility to a Residential Care Facility. • Residential Care Facilities (RCF)-ln homecare for six or more socially dependent individuals or individuals with physical disabilities. • Adult Foster Care (AFH)" In home care provided to five or fewer adults who are elderly or physically disabled and are not related to the licensee or resident manager by blood , marriage or adoption . RCF's and ACF's • Both types of homes (RCF and AFC) offer and coordinate a range of supportive services which are available on a 24-hour basis • To meet activities of daily living (ADC's) for each individual . • All home based care facilities are required to be licensed . • No home based care facility license is transferable to any location , other facility, new management agent or other ownership, other than that indicated on the license to the licensee. • All licenses must be renewed on an annual basis. City of Tigard CDC Applicable Rules and Regulations : • Applicable Development Code Sections For a Residential Conditional Use to allow Group Living ; 18.510-Residential Zoning Districts, 18.330 Conditional Use, 18.360 Site Development Review, 18.370 Variances/Adjustments, 18.705 Access and Egress, 18.725 Environmental Performance Standards, 18.745 Landscaping, 18.765 Off Street Parking and Loading , 18.780 Signs, 18.790 Tree Removal, Visual Clearance, 18.810 Street and Utility Improvement Standards, 18.390 Impact Study • The City of Tigard allows home care to be provided to five or fewer individuals as a use permitted outright within all residential zoning districts per table 18.510. 1 . • The care of more than six (6) individuals is defined as "Group Living" Tigard CDC. • Home care of six or more individuals is a use permitted on a case by case basis subject to a Conditional Use Review. REQUESTED CITY APPROVAL(S) 1 . Conditional Use to allow "Group Living" for more than six individuals. 2 . A concurrent Special Adjustment to the onsite parking requirements to allow one less parking space than the current parking regulations require. • As part of the CUP review the applicant has proposed to restrict the care provided in her home for elderly care only. • The applicant also proposes minor interior site improvements in order to bring the site into conformance for the proposed use. City staff has concurred with the proposed private improvements and has recommended approval of this application. 18. 330 Conditional Use Criteria • 1 . The site size and dimensions provide adequate area for the needs of the proposed use; • 2. The impacts of the proposed use of the site can be accommodated considering size, shape, • location, topography, and natural features; • 3. All required public facilities have adequate capacity to serve the proposal; • 4. The applicable requirements of the zoning district are met except as modified by this chapter; • 5. The applicable requirements of 18.330.050; and • 6. 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. Conditions of Approval Staff recommended ( 11 ) Conditions Of Approval within the staff report. The applicant requests that the ROW dedication requirement along SW 134th Ave be reworded within the staff report and subsequent Final Conditions Of Approval to require a 2 foot Reserve strip public easement in Lieu of a 2 foot ROW dedication requirement. Reasoning For the Reserve strip request; . SW 134th Ave was constructed at a time when the Transportation plan called for a ultimate local street widths of 50 feet. 2 . If the dedication is required , the applicant would be required to pursue concurrent Type I and Type II Variances for the front yard prior to site Development taking place. 3. Based on the current Transportation Plan there are no plans to bring SW 134th Ave to the current standard . 4. The Reserve strip would allow for future improvements to SW 134th Ave if and when the majority of the block is scheduled to be improved to the new 54 foot standard . • Based on these facts the ROW Dedication requirement should be amended within the Staff Report to allow for a 2 Foot Public Reserve Easement. i -iiim Ream Easement In aa2 R IOW Dedicalion requirement III 13411 Ave. J < \ / / SO A"S IC, // / N. 171.2800 / �s 66 5r9 F / / / / // / F\ I ---_, / <• 1 / 4 h I \ I 1 L ,/ o} 2�' J \ I P ,,V L. c \,/ 1 \ \ / r\ \ //0}7��� REFUSE ENCLOSURE /I b� G CEDAR FENCE.5 NK31i i 3'WIDE siDNCAET'8 \�._�// � ¢O `\1 �/7{ 7 ,4,,,, � a�rrxe wITNCATE= wAUCwAi? \—ry �O�¢ i // , 1.; \ \ � / 22 £XISTNCp�'WVEW�AVISTINGPATIO i jam-' //� \�� - \ �------y QOP (f1\\\ \\\\ r , ► L� -� /�� �--�/ \-. \-STREET TREE(SI •4�G EXISTING /- S. c CHERRY txpentll GO O`"'tip STREET TREE/ • , 144-'''' .- . I-■t,LI • /"AiHh-"•••,\ -•-•, _k AW_ , -I WI' ■ ___ __I 1 C \ EXISTING CURB LINE • SW 134TH AVENUE b _____ – N38'00'08"W – t – . . 1 / s / '�� �T�-` ''�'7-"T- EXISTING CURS LWE J 1 1---...----- '. .2(•``__ \ I I EXISTING 5 SIDEWALK \\ I ( j/ I l i i—' — —'E I ! I +I i i 05/2812088 14j:41 5036637289 JOE TURNER PAGE 01103 i i ,BOE TURNER, Pa C. MUNICIPAL HEARINGS OFFICIAL MEMBER OF THE OREGON&WASHINGTON STATE BARS AND i AMERICAN INSTITUTE OF CERTIFIED PLANNERS2 30439 SE Jackson Road, Suite 200 Gresham,Oregon 97080 Telephone(503)663-7092 Facsimile(503)663-7289 ,E-mail:„Am a7.veriuon.net FACSIMILE COVER SHEET DAI May 11,2010 TO: Fatty Lunsford C& (503) 718-2748 RE: CUP2009-00003 PA ES: 3 (including cover) MESSAGE: I � --- Telephone(503)663-7092 if there is a problem with transmission--- This cdmmunication contains attorney-privileged and confidential information intended only for the use the recipient identified above. If the person receiving this message is not the identified recipient or an agen of the 16entificd recipient,picasc notify me by telephone immediately and return the original message tv by mJiI at the address in the Ietterhea.d above. Dissemination, distribution or copying of thi cnmmiIninatinn m strictly nrnhihitwl excent by the identified rerinient nr by hia nr her anent Thank;vn„ 1 I 05/28/2088 14:41 5036637289 JOE TURNER PAGE 02/03 I May l , 2010 Michal Moiso 12543 W 134th Avenue Tigard OR 97223 Re: CUP 2009-00003 Wilde Residential Care Facility To: Ci of Tigard hearings Officer This letter serves as my comments regarding the above-described proposal. I object to the request for Conditional Use to expand the existing care facility. I own the house directly across the street from the proposed site which gives me standing in this issue. I base my objection on an unreasonable burden it will cause the neighborhood by way of increased traffic,noise, overall disruption, and the affects such an increase would have oil the quiet enjoyment of my home. The law covering Adult Foster Care homes is quite specific in limiting the numbe-that can be taken care of in an Adult Care Facility: 411-0i0-0408 Capacity (Amen led 1/1/2007) (1) Residents must be limited to five persons who are unrelated to the licensee and resider manager by blood or marriage and require care. (2)Re tte residents are included in the license capacity of the home. (3) Th number of residents permitted to reside in an adult foster home will be determined by the ability of the staff to meet the care needs of the residents,the fire safety standards for evacuation,and compliance with the facility standards of these rules. (4) Detbrmination of maximum capacity must include consideration of total household composition including children and relatives requiring care and supervision. In determining maximum capacity, consideration must be given to whether children over the age of five have a bedroom separate from their parents. (5) Wh6n there are family members requiring care in a home in which the licensee is the primar', live-in caregiver. the allowable number of unrelated residents will be a maximum capacity of five if the following criteria are met: (a) Thin liccnacc can demonstrate the ability to evacuate all occupants from the adult foster home within three minutes or less; Page 1 k of 110 1--- 5 05/28/2088 14:41 5036637289 JOE TURNER PAGE 03/03 w .1-. 4 , (b) The licensee has adequate staff and has demonstrated the ability to provide approp .ate care for all residents (See OAR 411 -050-0445(1)(e)); (c) TheJre is an additional 40 square feet of common living space for each person above the fiv residents; (d)Bedrooms and bathrooms meet the requirements of OAR 411-050-0445(3) and(4); (e) Thy care needs of day care and respite person(s)are within the classification of the license and any conditions imposed on the license; (f) The well-being of the household including any children or other family members will not be jeopardized; and (g) If there are day care persons in the home licensees must have arrangements for day care pei.sons to sleep in areas other than a resident's bed, a resident's private room, or space designated as common use, in accordance with OAR 411-050-0445(4)(e). No whire does it allow for or permit the number to be increased past five persons. This law wa,S passed after careful consideration of the affect an Adult Care Facility would have oik a residential neighborhood. The number was reached with analysis of traffic impact and overall quality of a neighborhood. This body should not overturn the long held decision to limit the number to five. Additi nally,the traffic already impacts the neighborhood. On any given day, several cars ar4 parked on the street at the Care Facility. There is a car for the employees,the owner, and the visitors. There are regular deliveries and service providers on a weekly basis. here are also ambulances on a monthly basis. There is no garage use so the parking is limited to two in the driveway and the rest on 134th street. Furtheore,the owner does not reside at the Adult Care Facility and so it is left to the overnight staff to deal with issues in the middle of the night.The overnight staff person has always been a young person and comes to the neighbors for help on a regular basis. The increased number will only increase this situation. The owner will have to hire additional staff to help with the extra patients. This will also increas the traffic and the amount and flow of people in and out of the Care Facility. The additional visitors will also affect the traffic on a regular basis. Overal ,the proposed increase will greatly affect the neighborhood,the traffic and the quiet enjoyment of each home owner. I respe tfully request that you deny the applicant her request to expand the Adult Care Facilit)). Sincere Y, A A-J,....kv /21/1-1-1, Michael( J. Moiso (503)9§8-9582 Depending on the number of people wishing to testify, the Tigard Hearing's Officer may limit the amount of time each person has to speak. We ask you to limit your oral comments to 3 - 5 minutes. The Hearing's Officer may further limit time if necessary. Written comments are always appreciated by the Hearing's Officer to supplement oral testimony. AGENDA ITEM NO.: 2.1 DATE: MAY 10, 2010 PAGE 1 OF FILE NAME: WILDE RESIDENTIAL CARE FACILITY CASE NOS.: CONDITIONAL USE PERMIT (CUP) 2009-00003 ADJUSTMENT (VAR) 2009-00021 IF YOU WISH TO TESTIFY ON THE ITEM INDICATED ABOVE, PLEASE PRINT YOUR NAME, ADDRESS & INCLUDE YOUR ZIP CODE PROPONENT OF APPLICATION OPPONENT OF APPLICATION - (Speaking In Favor or Neutral)- - (Speaking Against)- Name,Address,Zip Code and Phone No. i Name,Address,Zip Code and Ph/ 0 p/ne No.‘ �j p / ges? ° V3"1 ._ t.�5 � 1 p ilk lilts d \ � ' ,S cl2-1� r, j o"o€ _ J (eCtI3 sl'■) (5 4=1 /kA)( , Name,Address,Zip Code and Phone No. Name,Address,Zip Code and Phone No. / J S 1 `._ colt, •�� c 6 7 =/mot„ , "11-e-4c7 :7—S67 S� 13411-'. 1% . Name,Address,Zip Code and Phone No. Pt7ire,5 Name,Address,Zip Code and Phone No. tt'SZ3 - 3r C 1 1 3 (o O S w Mr>(9%,<N1 6,04 '-N• Y Name,Address,Zip Code and Phone No. 7 77 7 Name,Address,Zip Code and Phone No. Name,Address,Zip Code and Phone No. Name,Address,Zip Code and Phone No. Name,Address,Zip Code and Phone No. 7 77 7 I Name,Address,Zip Code and Phone No. L RECEIVED ANDREW H. STAMP,P.C. MAY 17 2010 A1"1'ORNEY AT LAW CITY OF TIGARD Kruse-Mercantile Professional.Offices, Suite lPL,%N1IN ,,!-_Nr1NEERIf iG 4248 Galewood St. Lake Oswego, OR 97035 Tele:503.675.4318 Adi a cd ar:Ore n Fax: 503.675.4319 andrews tampeacomcast.net 17 MAY 2010 VIA I1AND DELIVERY AND EMAIL City of Tigard Community Development Dept, Attn: Land Use Hearings Officer Joe Turner Permit Center Building 13125 SW Hall Blvd, Tigard, OR 97223 Re: Danielle Wilde CUP Applicant:s final Argrnttent Dear Mr. Turner: Please consider this letter as our final argument submitted pursuant to ORS 197.763(6). With the exception of the issue regarding the dedication, we agree with the staff report dated April 30, 2010. Staff has submitted a memo dated May 10, 2010 that addresses the Nollatt/Dolrrtt issue we raised in our email dated May 4, 2010 concerning the dedication of real property.1 We agree with the proposed condition of approval set forth in the May 10, 2010 staff Memorandum, and ask only that the word"dedicate' in the proposed condition ser forth therein be changed to the word"grant." We ask that this condition, as modified, replace the proposed condition No. l in the staff report dated April 30, 2010. We turn to the issues raised by the opponent, attorney Michael J. Moiso, OSB 930802(I). 1. The Opponent's Assertion, that a Residential Care Facility is Not Intended to be Allowed in Residential Zones, Is Not Well Taken. Although his arguments were somewhat difficult to follow, Mr. Moiso argued that state law definitions of"Adult Foster Home" and `'Residential Care Facility" indicated legislative intent to allow AFH's in residential zones, but that RCFs should be located elsewhere, See Moiso letter dated May 10, 2010. However, even a quick read of ORS 197.660 et serf. and 1 Our MaN,4, 2010 email should be part of the record in this case. Mr. Joe Turner 17 May 2010 Page 2 Chapter 4432 reveals that to the extent that the state is setting forth generalized land itsw policy therein, it is doing so in a manner that works against Mr. Moiso. ORS 197.773 sets forth the legislative findings regarding group homes, and provides as follows: The Legislative Assembly finds and declares that: (1)It is the policy of this state that persons with disabilities and elderly persons are entitled to live as normally as possible within communities and should not be excluded from communities because their disability or age requires them to live in groups; (2)There is a growing need for residential homes and residential facilities to provide quality care and protection for persons with disabilities and elderly persons and to prevent inappropriate placement of such persons in state institutions and nursing homes; (3)It is often difficult to site and establish residential homes and residential facilities in the communities of this state; 4 To meet the growing need for residential homes and residential facilities, it is the policy of this state that residential homes and residential facilities shall be considered a residential use of property for zoning purposes' and (5) It is the policy of this state to integrate residential facilities into the communities of this state. The objective of integration cannot: be accomplished if residential facilities are concentrated in any one area. (Emphasis added). By reading that policy statement and comparing it to the opponent's testimony presented that the hearing last week, it is apparent that state policy goes directly against the interests advanced by Mr. Moiso, ORS 197.650(2)defines the term"residential home" as follows: "Residential home" means a residential treatment or training home, as defined in ORS 443.400, a residential facility registered under ORS 443.480 to 443.500 or an adult foster home licensed under ORS 443.705 to 443,825 that provides residential care alone or in conjunction with treatment or training or a combination thereof for five or fewer individuals who need not be related. Staff z Note that the state does have a limited role in approving the location of RCFs,in order to"prevent the perpetuation of segregated housing patterns." See ORS 443.422, QRS 443.420 that states that"a residential facility must be in substantial compliance with applicable state and local laws,rules,codes,ordinances and permit requirements." Other than that,the state does not have zoning requirements for RCFs. Mr. Joe Turner 17 May 2010 Page 3 persons required to meet licensing requirements shall not be counted in the number of facility residents, and need not be related to each other or to any resident of the residential home. ORS 197.665 makes a"residential home" a permitted use in any residential zone, (1) Residential homes shall be a permitted use in: (a) Any residential zone, including a residential zone which allows a single-family dwelling; and (b) Any commercial zone which allows a single-family dwelling. (2) A city or county may not impose any zoning requirement on the establishment and maintenance of a residential home in a zone described in subsection (1) of this section that is more restrictive than a zoning requirement imposed on a single-family dwelling in the same zone. (3) A city or county may: (a) Allow a residential home in an existing dwelling in any area zoned for farm use, including an exclusive farm use zone established under ORS 215.203; (b) Impose zoning requirements on the establishment of residential home in areas described in paragraph (a)of this subsection, provided that these requirements are no more restrictive than those imposed on other nonfarm single- family dwellings in the same zone; and (c)Allow a division of land for a residential home in an exclusive farm use zone only as described in ORS 215.263(9). See also OAR Ch, 411 Div. 050 (rules governing Adult Foster Care Homes). Ms. Wilde currently operates an"adult foster care home." She is seeking approval to convert that facility to a"Residential Care facility" so that she can house three more individuals (for a total of eight paying residents). ORS 197.660(1) defines the term "residential facility" as follows: "Residential facility" means a residential care residential training or residential treatment facility, as those terms are defined in ORS 443.400,that provides residential care alone or in conjunction The following definitions are set^forth among the c=arious definitions in ORS 343 400 (4)`'Residential care"means services such as supervision,protection;assistance while bathing,dressing,grooming or eating;management of moncy, transportation;recreation:and the providing of room and board. Mr, Joe Turner 17 May 2010 Page 4 with treatment or training or a combination thereof for six to fifteen individuals who need,not be related. Staff persons required to meet licensing requirements shall not be counted in the number of facility residents, and need not be related to each other or to any resident of the residential facility. (Emphasis added). ORS 197,667 makes a"residential facility" a permitted use in any residential zone where multi- family housing is a permitted use, and makes it conditional use in any zone where multi-family housinp, is a conditional use: (1) A residential facility shall be a permitted use in any zone where multifamily residential uses are a permitted use. (2) A residential facility shall be a conditional use in any zone where multifamily residential uses area conditional use. (3) A cit or count ma allow a residential facilit in a residential zone other than those zones described in subsections (1) and (2)of this section, allowed. (4)A city or county may require an applicant proposing to site a residential facility within its jurisdiction to supply the city or county with a copy of the entire application and supporting documentation for state licensing of the facility, except for information which is exempt from public disclosure under ORS 192,410 to 192.505. However, cities and counties shall not require independent proof of the same conditions that have been required by the Department of Human Services under ORS 418.205 to 418,327 for licensing of a residential facility. (Emphasis added). See also OAR Ch. 411 Div. 054 (rules governing Residential Care Facilities). In this case, the property is zoned"R-25," According to Table 18.510.1, multi-family units are a permitted use in the R-25 zone. The Tigard Community Development Code(TCDC) provides that"group living" facilities are either a use permitted outright or a conditional use, depending on the number of residents the facility is capable of serving. Footnote 3 to Table 18.510.1 states that"Group Living with five or fewer residents permitted by right; group living with six or more residents permitted as a conditional use." Thus, it appears that the City of (3)"Residential rare facility"means a facility that provides,for six or more socially dependent individuals or individuals with physical disabilities. residential care in one or more buildings on contiguous properties. (6)'-Residential facility"means a residential care facility.residential training facility, residential treatment facility,residential training home or residential treatment home. Mr. Joe Turner 17 May 2010 Page 5 Tigard is exceeding its authority by regulating a Residential Care Facility' as a conditional use in the R-25 zone. Under state law, it should be regulated as a permitted use. But even putting that issue aside, by designating the proposed use as a"conditional use," the code is making the legislative policy decision to allow RCFs in the residential zone"if the site is appropriate and if other appropriate conditions of approval can be met." TCDC 18.330.010. The code states that conditional uses are those"which due to the nature of the impacts on surrounding land uses and public facilities require a case-by-case review and analysis." Id. For this reason, Mr. Moiso is wrong to argue that RCFs should be per se excluded from residential zones. His argument is really nothing more than a collateral attack on the legislative adoption of the zoning zone, and is therefore is untimely. 2. The Opponent is Wrong When he Asserts that the Next Owner Will be Able to Expand the Residential Care Facility with Ease, Thereby Increasing the Impact to the Neighborhood. Mr. Moiso asks the hearing officer to deny Ms. Wilde's CUP because of the concern that future owners may try to expand the facility, thereby increasing impacts on Mr. Moiso's tenants. Unlike Mr. Moiso's first argument, which is too late to be addressed in this proceeding,this second concern is simply premature. The TCDC requires that any"major modification" of a conditional use permit undertake a new land use process. See TCDC 1.8.330.020. The triggers for a new CUP process set a threshold which is quite low. For example, a"10% increase in the approved density" of the facility would constitute a"major modification" and thereby trigger a new Type III CUP permitting requirement. Sce TCDC 18.330.020(13)(2)(h). Again, putting aside the issue we raised supra regarding the ability of the City to regulate RCFs as a conditional use at all, it appears that Mr. Moiso has nothing to fear because any expansion over 10% would trigger a new CU' requirement. Since 10% of eight is .8, even adding one more resident beyond eight would be greater than 10%. As a practical matter, the size of the site provides a practical limit on how much expansion can occur, RCFs, though favored under state law, still must abide by all of the typical zoning standards such as building height, setbacks, etc. This current site is currently built out to a point where an addition could only go vertically, and that seems unlikely given the extreme amount of cost involved with raising the roof. Moreover, other standards such as the off-street parking requirement would be difficult, if not impossible, to satisfy. Moreover, the applicant here has placed a limit on the amount of increase in residents she seeks, to eight (8) paying residents total, (i.e. excluding staff and owners, etc.). Even in the absence of specific conditions of approval, statements made by the applicant for the purpose of establishing compliance with an approval criteria are binding on the applicant, and, by r extension, subsequent owners. The case of f i-wikland v. Ci ,v )ar►r t} ,f Lake C ego, 267 Or 4.2, 51.7 Ptd 1042 instructs nstructs that the applicant's plans are binding on both it and the local government. In h'rankland, the applicant gained approval by showing artist conceptual drawings that showed a particular architectural style. The city's decision did not necessarily insist on that particular At this point,the applicant has already submitted a CUP application.but in the event of a denial,Aw prescn a this issue for appeal if needed. i Mr. Joe Turner 17 May 2010 Page 6 style, and the applicant proceeded to build something quite different. A law suit ensued, and the Supreme Court held that the developer constructed apartment buildings that violated the planned unit development ordinance because those buildings bore no resemblance to sketches submitted with final development plan. The court held that the fact that the code required the presentation of site plans implicitly meant that such plans would be binding on the applicant. It follows, then, that what is approved by a land use decision must be considered in relation to what was applied for. In this case, the applicant has specifically limited the scope of the requested use, and those assertions are binding on the applicant and future owners. 3. The Opponent is Wrong When he Asserts that Future Owners Will Disregard Conditions of Approval, and that Conditions of Approval are Not Binding on Future Owners. As an initial matter, Mr. Moiso is wrong when he states that conditions of approval are not binding on subsequent landowners. See generally ORS 93,040;Endresen v.Alctrion County, 15 Or LUBA 60 (1986). In addition, TCDC 18,23 W060, a section entitled"Abatement of Violations," provides as follows-. Abatement of violations. Ani development or use which occurs contrary to the provisions of this title or contE4nLjg_p�ermitor approval issued oLZgLnted under this title is unlawful, and may be abated by appropriate proceedings. Thus, not only is Mr.Moiso's concern speculative, it is really nothing more than a potential code enforcement issue, and not a basis for denial. See Chaml-)ion v. City of lortland,28 Or LUBA 618 (1995)("Illegal acts, such as those alleged by petitioner, might provide the basis for a code enforcement proceeding. However, petitioner fails to show that the alleged illegal activity by the applicants is relevant to any legal standard applicable to the approvals granted by the city in the decision challenged in this appeal."); Caqfield v. Lane Counl),, 16 Or LUBA 951, 961 (1988) ("Petitioner's view that the conditions will be violated is speculation . We do not believe the county is obliged to assume future violations of The condition."). 4. The Opponent's Concern That Complaint-Driven Code Enforcement Systems "Shifts the Burden"to the Neighbors to Make a Phone Call in Order to Report Code Violations is Not A Basis For Denial. Mr. Moiso complained that the land use system uses a complaint-driven code enforcement process. He states that such a system"shifts the burden"to him because if there is a code-violation occurring at the subject property, he has to make a phone call to the city, Apparently, this would be a large inconvenience for MT.Moiso. His proposed alternative solution is to simply not allow the land use to occur in the first place, thereby limiting the need for Mr. Moiso to file a complaint. However,this issue—whatever its merits- does not relate to an approval criterion and does not,therefore, provide a basis for denial. 5. The Opponent Was Unable to Substantiate His Concern that the Proposed RCF Will Have Any Impacts on the Neighborhood. Mr, Joe Turner 17 May 2010 Page 7 Mr. Moiso's presentation was perhaps at its worst when he testified about supposed "impacts" that he believed would occur as a result of the expansion. When pressed for specifics, Mr. Moiso did not really come up with much in the way of substance to back up his fears. Mr. Moiso stated that he was concerned that people visiting the RCF might end up "parking on his side of the street." On-street parking is allowed on both sides of the entire length of the local street in question. Staff testified that there was sufficient room for parking on both sides of the street while still allowing 2-way traffic. Staff further noted that there is room for four or five vehicles in front of the subject property, Regardless of that, however, we fail to see how people parking on"his" side of the street qualifies as an"impact" in any event. Life in an urban environment necessarily involves interaction with homeowners, pedestrians, and vehicles. Streets are intended for use by the public. Anybody who does not like the fact that other people may park on"their" side of the street probably is not well-suited to living in an urban area. In short, we do not see this as relating to a legitimate"impact"that should be addressed by this land use approval. In terms of actual traffic impact,the testimony from the applicant makes clear that the use will not generate excessive traffic. For example, the applicant testified that, at most, each resident is visited one to two times per week—and some of the folks only receive one visitor a month on average. With eight residents living at the facility, one should predict a statistical average of 16-32 or so visitor"trips" per week(assuming one visit equals two"trips."). That works out to—at most-approximately 3-4 trips per day by visitors. Considering that visitors come at different times, the impact of such visits on parking or road capacity is not extreme. The applicant testified that she has two employees. She testified that those employees work three to four days at a time, and during that time, they do not generally leave the site. Thus, there are 6-8 trips maximum over the four-day period generated by her and her employees. With consideration of the applicant and her boyfriend/worker,there would be 8-10 trips per day, and perhaps a few more on days when deliveries are made. Based on data from the ITE Trip Generation Manual, Eighth Edition, the addition of a single family home is expected to result in one additional trip during the morning peak hour, one additional trip during the evening peak hour, and ten additional trips per day. There is simply no reasonable basis to conclude that the proposed use will somehow"break" the transportation system or otherwise cause unreasonable traffic impacts for the neighborhood. Mr. Moiso also expressed concerns about the safety of the neighborhood being compromised if old people are allowed to live in the neighborhood. Mr. Moiso further suggested that Ms. Wilde does not do a good enough job of screening the residents of her facility, and that it is possible that a resident may cause harm to the neighbors. However,these concerns are unfounded and speculative, Since Ms. Wilde lives on the subject property, it stands to reason that she will make prudent choices about who she will allow to live in her home. Beyond that, however, the alleged fear of old folks terrorizing the neighborhood seems a bit far-fetched. The types of people that live in these facilities are folks that cannot care for themselves due to advanced age and acute medical issues. There is simply no evidence that these types of people pose a threat to the neighborhood. Given the legislative finding that"[i]t is the policy of this Mr. Joe Turner 17 May 2410 Page 8 state to integrate residential facilities into the communities of this state it seems that Mr. Moiso is on the wrong end of a policy debate that has already been decided against him. Mr. Moiso also expressed concerned that he and/or other neighbors will be asked to help in emergency situations. As the applicant testified, Mr. Moiso had become friends with one of her former employees, and that employee apparently felt familiar enough with Mr. Moiso to seek his assistance one evening. That was an isolated incident and is not a regular practice, as he alleged in his May 10, 2010 letter. As Ms. Wilde testified, at this point there are always two staff members on site and the facility is equipped with a hoist if a resident needs to be picked up off the floor. Ms. Wilde can call 9-11 if paramedics are needed. Therefore, Mr. Moiso's testimony is simply not credible and provides no basis for a denial. In his May 10, 2010 letter, Mr. Moiso raises the issue of"noise" from the facility, but then never makes any attempt to substantiate the concern. We therefore consider the issue to be undeveloped and not a valid basis for denial. b. The Opponents Do Not provide a Basis for Denial When They Argue that Since the Home has Five Bedrooms for Residents That Ms. Wilde will be Able to Accommodate Ten Residents (2 per room). Mr. Moiso stated that the facility is already "bursting at the seams" and could not handle the expansion to eight residents. The applicant testified that the state mandates 80 s.f, of bedroom floor space for each resident, which, as a practical matter, places a restriction on the amount of residents that can be housed within the facility. OAR 411-054-2000(4),5 The Tigard Code does not have an approval criterion that relates to space, and so we do not see this issue as being a valid basis for denial. 7. The Property Value of Adjacent Homes is Not a Valid Consideration Because it is Not an Approval Standard. Protection of property value is not an approval standard for this case. Therefore,the opponent's comments on this issue provide no basis for denial. ;/dicker v-Douglas Count, 28 Or LUB A 134 (1994), Sunburst I7 Homeowners Assrr v.City of`Wem Linn, 17 Or LUB A 401 (1989). OAR 411-054,2000(4)provides as follows: (4)RESIDENT UNITS.Resident units may be limited to a bedroom only, with bathroom(facilities centrally°located off common corridors.Each resident unit shall be limited to not more than two residents. (a)For bedroom units,the door must open to an indoor,temperature controlled common arca or common corridor and residents may not enter a roam through another resident's bedroom. (b)Resident units must include a minimum of 80 square feet per resident exclusive of closets,vestibules,and bathroom facilities and allow for a minimum of three feet between beds; (c)All resident bedrooms must be accessible for persons with disabilities,meeting requirements of the OSSC,FHA. and the ADA. (d)A lockable storage space(e.g,,drawer,cabinet,or closet)must be provided for the safekeeping of a residcnt's small valuable items and funds. Both the administrator and resident may have keys. Mr. Joe Turner 17 May 2010 Page 9 Conclusion. For all of the reasons stated above, the opponents have not provided any legitimate reason for denial. The staff report correctly points out the applicant has met their burden of proof and therefore the proposed use must be approved. Sincerely, ANDREW H.STAMP,P.C. Andrew H. Stamp AHS:ahs cc: client Steve Bloomquist 1. Gary Pagenstecher From: Andrew Stamp [andrewstamp @comcast.net] Sent: Tuesday, May 04, 2010 3:16 PM To: Gary Pagenstecher Cc: Dick Bewersdorff; 'Steve Bloomquist'; danielle.wilde957 @gmail.com Subject: Wilde CUP Attachments: Proposed finding re Dolan.docx Dear Mr. Pagenstecher- I have been hired by the applicant to represent her in the upcoming hearing. The reason I was brought into the case was because we anticipated some opposition from a neighbor. However, this morning Mr. Bloomquist contacted me about the staff report. He felt a bit blind-sided by the requirement, apparently set forth for the first time therein, that variances would be required for the front yard setback and garage setback. The need for the variances stems from the additional two feet of ROW dedication sought by the City. I took a quick look at the staff report and the facts of the case and have concluded that the two foot ROW dedication is not lawful under Dolan v. City of Tigard and the Tigard Development Code. Aside from that, however, it seems to me that, from a practical standpoint, the additional two feet of requested ROW is not really going to accomplish much for the City in any event. It will, however, cause a significant amount of extra cost, delay, and needless red tape for the applicant. Given the trivial benefit that the additional 2 feet of ROW provides, and balancing that benefit against the economic hardship to the applicant, it seems to me that the only common sense thing to do is simply to waive the standard. I have provided you with some proposed findings that provide a legal justification for waiving the applicable standards. Given the current economic situation, I'm sure you will agree that Cities should not be placing unnecessary financial burdens on business owners, particularly when the reason for doing so are not at all critical. Please take a look at my proposed findings and let me know your thoughts. Andrew Andrew H. Stamp Attorney at Law Kruse-Mercantile Professional Offices, Suite 16 4248 Galewood Street Lake Oswego OR 97035 Tele: 503.675.4318 Fax: 503.675.4319 1 Proposed Finding of Compliance with TCDC 18.810.030(A)(1). TCDC 18.810.030(A)(1)(E)provides in relevant part as follows: "Minimum rights-of-way and street widths.Unless otherwise indicated on an approved street plan, or as needed to continue an existing improved street, street right-of-way and roadway widths shall not be less than the minimum width described below." However,this standard must be considered in light of federal constitutional requirements, including the prohibition against uncompensated takings of property. See generally Nollan v. California Coastal Comm'n, 483 US 825, 834, 107 SCt 3141 (1987), Dolan v. City of Tigard, 512 US at 379, 114 S. Ct. 2309, The City of Tigard has codified the Nollan/Dolan standards at TCDC 18.810.020. This provision, entitled"General Provisions,"provides as follows: A. "When standards apply. Unless otherwise provided, construction, reconstruction or repair of streets, sidewalks, curbs and other public improvements shall occur in accordance with the standards of this title.No development may occur and no land use application may be approved unless the public facilities related to development comply with the public facility requirements established in this section and adequate public facilities are available. Applicants may be required to dedicate land and build required public improvements only when the required exaction is directly related to and roughly proportional to the impact of the development." (Emphasis Added). Thus,there is an express limitation on the applicability of TCDC 18.810.030(A)(1)(E): the standard can only be used as an approval standard in cases where the dedication"is directly related to and roughly proportional to the impact of the development." The current city ROW requirement for a local street is 54 feet(27 feet from centerline). At the time the neighborhood was developed,the ROW standard was 50 feet. The neighborhood was fully developed using the 50 foot standard, and it is unlikely that the neighborhood will see any sort of comprehensive redevelopment over the planning horizon or over the foreseeable future. Thus, if the city were to demand two-additional feet of ROW from the applicant, that dedication would not serve any useful purpose to the City at this time, or in the foreseeable future, because the rest of the neighborhood would still only have 50-foot ROW in place. Turning to the impacts created by this development,it is clear that in this case,the proposed development will only generate a de-minimus amount of additional traffic. The addition of two additional feet of ROW will not do anything to mitigate the increase in traffic in any event. Furthermore, no additional public utilities are needed to serve the development, and therefore,two additional feet of ROW is not needed from a public utility stand point. In addition,the City does not have the ability to deny an application on the grounds that an applicant refuses to submit to an unconstitutional exaction. Goss v. City of Little Rock, 151 F3d 861 (8th Cir 1998), cert den., 526 US 1050, 119 SCt 1355 (1999). Rather, in a situation where the application of a local land use standard violates Nollan/Dolan, the proper action is for the local government to waive the offending land use standard in that particular case. The Oregon court of appeals has affirmed a county who made the decision to disregard its own standards to avoid violating Dolan. Dudek v. Umatilla County, 42 Or LUBA 427 (2002), aff'd, 187 Or App 504, 69 P3d 751 (1993). The same approach was taken by the Oregon court of appeals in Schultz v. City of Grants Pass, 131 Or App 220,227, 884 P2d 569 (1994)(road dedication standards to build major street network not applicable to development of property that adjoins major streets unless development has impact that merits dedication). In Schultz,the court found that exactions that are purportedly required by general, across-the-board, legislative provisions are applicable only to the extent they can be justified by case-specific findings that demonstrate that the exaction is"roughly proportional"to the impact of the project. See also Gensman v. City of Tigard, 29 Or LUBA 505 (1995);Lincoln City Chamber of Commerce v. City of Lincoln City, 164 Or App 272, 991 P2d 1080 (1999) (The city may adopt rules that exceed"rough proportionality"for some land use applicants because city will apply rules only if they are"roughly proportional."). In Gensman, LUBA held that any provision of a local government's land use laws that would require an exaction that exceeds the requirements of the Dolan test does not"govern" review of the subdivision application. In that case,the city determined it could not require compliance with a city development code requirement because the requirement imposed an exaction that would violate the rough proportionality standard. As a result, any city ordinance that requires the dedication of right-of-way or the improvement of public facilities by the applicants must be reviewed to determine whether its requirements comply with the"rough proportionality" standard. Only those requirements that meet the"rough proportionality"test may be imposed as conditions of approval. For these reasons,the dedication is not"directly related to and roughly proportional to the impact of the development,"TCDC 18.810.020,and the City will therefore waive TCDC 18.810030(A)(1)(E). City of Tigard Hearings Officer — Agenda g g MEETING DATE: May 10, 2010, 7:00 p.m. MEETING LOCATION: City of Tigard — Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 STAFF REPORTS: Available to the public 7 days prior to the hearing date 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.2438 (voice) or 503-684-2772 (11)D- Telecommunications Devices for the Deaf). Upon request,the City will also endeavor to arrange for 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 notifythe 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. 1. CALL TO ORDER 2. PUBLIC HEARING 2.1 WILDE RESIDENTIAL CARE FACILITY CONDITIONAL USE PERMIT(CUP) 2009-00003 ADJUSTMENT(VAR) 2009-00021 PROPOSAL: A request for Conditional Use approval on a 0.17-acre site to expand an existing adult foster care facility in a single-family dwelling to exceed five beds. The project includes adding three beds to the existing five-bed adult foster care facility. A Special Adjustment is also requested for a reduction in the minimum off-street parking requirement from four to three spaces. LOCATION: 12550 SW 134th Avenue;Washington County Tax Assessor's Map 2S104AC,Tax Lot 02700. ZONE: R-25:Medium High-Density Residential District. The R-25 zoning district is designed to accommodate existing housing of all types and new attached single-family and multifamily housing units at a minimum lot size of 1,480 square feet. A limited amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.360, 18.370, 18.390, 18.510, 18.705, 18.725, 18.745, 18.765, 18.780, 18.790, 18.795 and 18.810. 3. OTHER BUSINESS 4. ADJOURNMENT HEARINGS OFFICER AGENDA- MAY 10, 2010 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 1 of 1 • Agenda Item: 2.1 Hearing Date:May 10.20'10 Time:7:00PM STAFF REPORT TO THE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON 120 DAYS = 7/8/2010 SECTION I. APPLICATION SUMMARY FILE NAME: WILDE RESIDENTIAL CARE FACILITY CASE NOS: Conditional Use Permit (CUP) CUP2009-00003 Special Adjustment (VAR) VAR2009-00021 APPLICANT: Steve Bloomquist OWNER: Danielle Wilde Harris McMonagle Associates Inc. 12550 SW 134th Avenue 8740 SW Scoffins Street Tigard, OR 97224 Tigard, OR 97223 PROPOSAL: The applicant requests Conditional Use Approval to expand an Adult Foster Care facility in an existing single-family dwelling from five to eight beds. The subject 0.17- acre site is located at 12550 SW 134th Avenue. The project includes indoor improvements to accommodate eight beds and outdoor improvements to accommodate an additional parking space. A Special Adjustment for reduction in the minimum parking requirement from four to three spaces is also requested. LOCATION: The project is located at 12550 SW 134th Avenue, Washington County Tax Assessor's Map 2S104AC,Tax Lot 02700. ZONING: R-25: Medium High-Density Residential District. The R-25 zoning district is designed to accommodate existing housing of all types and new attached single-family and multifamily housing units at a minimum lot size of 1,480 square feet.A limited amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.360, 18.370, 18.390, 18.510, 18.705, 18.725, 18.745, 18.765, 18.780,18.790, 18.795 and 18.810. SECTION II. STAFF RECOMMENDATION Staff recommends that the Hearings Officer find that the proposed Conditional Use will not adversely affect the health, safety and welfare of the City and meets the Approval Standards for a Conditional Use as outlined in this report. Therefore, Staff recommends APPROVAL, subject to the following recommended Conditions of Approval: WILDE RESIDENTIAL CARE FACILITY PAGE 1 OF 18 CUP2009-00003 5/10/2010 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY ONSITE IMPROVEMENTS, INCLUDING GRADING, EXCAVATION AND/OR FILL ACTIVITIES: Submit to the Current Planning Division (Gary Pagenstecher, (503) 718-2434) for review and approval: 1. Prior to site work, the applicant shall submit a Type II application for a variance to the R-25 development standard reducing the required 20-foot distance between property line and garage entrance to 18 feet. In addition, the applicant shall submit a Type I application for a development adjustment to reduce the R-25 front yard standard of 15 feet to 14 feet. These applications may be run concurrently. 2. Prior to site work, the applicant shall submit a revised Site Plan demonstrating that the site contains a minimum of two (2) bicycle parking sppaces pursuant to the applicable Bicycle Parking Design standards in Tigard Development Code (IDC) 18.765.050. Submit to the Development Engineer (Gus Duenas, 503-718-2470) for review and approval: 3. This project does include public facility improvements involving the widening of a driveway and planting of street trees and requires issuance of a PFI permit. Six (6) sets of detailed plans covering the proposed improvements shall be submitted for review to the Development Engineer. PFI permit plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall and the City's web page (www.tigard-or.gov). 4. An erosion control plan shall be provided as part of the PFI permit drawings. The plan shall conform to Clean Water Services Design and Construction Standards (Resolution and Order No. 07-20) Chapter 2. No work on-site shall commence until the erosion control permit is issued. 5. The PFI permit plan submittal shall include the exact legal name, address and telephone number of the individual or corporate entity who will be designated as the "Permittee", and who will provide the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Development Engineer will delay processing of project documents. 6. The applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. The purpose of this plan is for parking and traffic control during the construction phase. 7. The applicant shall submit a preliminary sight distance certification by a registered professional engineer as part of the PFI permit application. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO FINAL APPROVAL OF THE SITE PERMIT IMPROVEMENTS. Submit to the Current Planning Division (Gary Pagenstecher, (503) 718-2434) for review and approval: 8. Prior to final approval of the site permit, the applicant shall call for a final planning inspection to ensure the project was completed per the approved plan. Submit to the Development Engineer (Gus Duenas, 503-718-2470) for review and approval: 9. Prior to final inspection of the public improvements, the applicant shall provide the City with as- built drawings of the improvements as follows: 1) 3 mil mylar, 2) a disk of the as-builts in "DWG" format, if available; otherwise "DXF" will be acceptable, and 3) the as-built drawings shall be tied to the City's GPS network. WILDE RESIDENTIAL CARE FACILITY PAGE 2 OF 18 CUP2009-00003 5/10/2010 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER 10. Prior to final inspection, the applicant's engineer shall submit a final sight distance certification for the driveway connections to SW 134th Avenue. 11. Prior to final inspection, the applicant shall execute a restrictive covenant with the City for participation in future improvements to expand SW 134th Avenue to the ultimate section. THIS APPROVAL MUST BE IMPLEMENTED WITHIN 18 MONTHS FROM THE EFFECTIVE DATE OF THE HEARINGS OFFICER'S DECISION. SECTION III. BACKGROUND INFORMATION Proposal: The applicant requests Conditional Use Approval (CUP2009-00003,VAR2009-00021) to expand an existing Adult-Foster Care facility in a single-family dwelling to exceed five beds. The subject 0.17-acre site is located at 12550 SW 134th Avenue. The project includes adding several beds to the existing five-bed adult foster care facility. A Special Adjustment for reduction in the minimum parking requirement from four to three spaces is also requested. Site History: The subject parcel is Lot 171 of MORNINGHILL NO.8 subdivision, developed in the early 1990's. The parcel is .17 acres in size; the dwelling is 2,850 square feet in size. The owner, Danielle Wilde has operated a State of Oregon licensed Adult Foster Care facility for five and fewer adults at the dwelling since 1993. Vicinity Information: The subject site is a flat developed lot and is currently vegetated with lawn and mature landscaping. Four parcels abut the site although eight residences are in close proximity to the site and may be affected by the increased use and additional parking. Neighbor Comments: The applicant held a neighborhood meeting on June 4, 2009 with four people in attendance. Questions predominantly pertained to the number and kind of people the expansion from an adult foster care to a residential care facility would serve. According to the applicant's narrative, the facility will allow for elderly care only. The applicant also submitted with the application materials 13 letters of recommendation from neighbors, employees, residents and their family members attesting to the professionalism of the facility and its low impact on the neighborhood. SECTION IV. REPORT MAKING PROCEDURES, PERMITS AND USE Use Classification Chapter 18.130 lists the Use Categories. The proposed Group Living is a use which is permitted as a conditional use in the R-25 zone. Summary of Land Use Permits and Decision-making Procedures Section 18.330.020.A states that a request for approval for a new conditional use shall be processed as a Type III-HO procedure, as regulated by Chapter 18.390.050, using approval criteria contained in Section 18.330.030A and subject to other requirements in this chapter. Type III-HO procedures apply to quasi- judicial permits and actions that predominantly contain discretionary approval criteria. Type III-HO actions are decided by the Hearings Officer with appeals being heard by the City Council. WILDE RESIDENTIAL CARE FACILITY PAGE 3 OF 18 CUP2009-00003 5/10/2010 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER SECTION V. SUMN_ _SAY OF APPLICABLE CRITERL Staff has reviewed the proposal for consistency with the following code sections. Findings for these code sections are in Section VI of this report. A. Zoning Districts 18.510 - Residential Zoning Districts B. Applicable Development Code Standards 18.330 - Conditional Use 18.360 - Site Development Review 18.370 -Variances and Adjustments 18.705 -Access Egress and Circulation 18.725 - Environmental Performance Standards 18.745 - Landscaping and Screening 18.765 - Off-Street Parking and Loading 18.780 - Signs 18.790 - Tree Removal 18.795 -Visual Clearance 18.810- Street and Utility Improvement Standards C. Impact Study 18.390 SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS A. ZONING DISTRICTS Residential Zoning Districts (Chapter 18.510). Lists the description of the residential Zoning District. The proposed site is in the R-25 zone. The R-25 zoning district is designed to accommodate existing housing of all types and new attached single-family and multi-family housing units at a minimum lot size of 1,480 square feet. A limited amount of neighborhood commercial uses are permitted outright and a wide range of civic and institutional uses are permitted conditionally. The proposed use on the site is an expansion of a 5- bed adult foster care facility to an eight-bed residential care facility for the elderly and disabled ("adult foster care" and "residential care facility" are defined in Oregon statute by the number of residents; both are termed "group living" in the TDC). "Group Living" for five or less is allowed outright in the R-25 zone; six and greater residents is a use permitted conditionally in the R-25 zone. Table 18.510 includes development standards in residential zones related to lot size, width, coverage, setbacks, height, and landscape requirements. These standards relate to the placement and design of residential structures. TABLE 18.510.2 on following page WILDE RESIDENTIAL CARE FACILITY PAGE 4 OF 18 CUP2009-00003 5/10/2010 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER TABLE 18.510.2 - (Cont'd.) DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES R-25 STANDARD Proposed SF DU** Minimum Lot Size -Detached unit 6,941 sq.ft. 3,050 sq.ft. per unit -Attached unit (after dedication) 1,480 sq.ft. -Duplexes 6,100 sq.ft. or 3,050 sq.ft. per unit -Boarding,lodging,rooming house Average Lot Width None None Minimum Setbacks - Front yard 14 ft. 15 ft. - Side facing street on (after dedication) corner&through lots NA 10 ft. - Side yard 6-16 ft. 5 ft. [1] -Rear yard 26 ft. 15 ft. - Side or rear yard abutting more restrictive zoning district NA 30 ft. -Distance between property line and garage entrance 18 ft. 20 ft. (after dedication) Maximum Height 1 1/2 stories 45 ft. Maximum Lot Coverage [2] 41% 80% Mimimum Landscape Requirement 59% 20% [1]Except this shall not apply to attached units on the lot line on which the units are attached. [2]Lot coverage includes all buildings and impervious surfaces. * Multiple-family dwelling unit ** Single-family dwelling unit FINDING: The existing dwelling met the base development standards prior to this development application. However, with the required dedication of two additional feet of right-of- way, the front yard and garage setbacks are no longer consistent, as measured on the scaled site plan and as shown in the table above. Therefore, the applicant must apply for a development adjustment for the front yard setback and a variance for the garage setback. All other base development standards of the R-25 zone are otherwise met, as shown in the table above. CONDITION: Prior to site work, the applicant shall submit a Type II application for a variance to the R-25 development standard reducing the required 20-foot distance between property line and garage entrance to 18 feet. In addition, the applicant shall submit a Type I application for a development adjustment to reduce the-R-25 front yard standard of 15 feet to 14 feet. These applications may be run concurrently. B. APPLICABLE DEVELOPMENT CODE STANDARDS Conditional Use (Chapter 18.330) Purpose. 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 section. WILDE RESIDENTIAL CARE FACILITY PAGE 5 OF 18 CUP2009-00003 5/10/2010 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER The applicant requests approva_ _i a new conditional use for the propos, Ate. The site contains a single- family dwelling on a residential lot in the R-25 zone. The applicant is requesting a change of use from Group Living (Adult Foster Care with five or less residents) to Group Living with six or more residents, which under Note 1,Table 18.510.1 requires a conditional use. 1830.030.A Approval Standards The Hearings Officer shall approve, approve with conditions, or deny an application for a conditional use or to enlarge or alter a conditional use based on findings of fact with respect to each of the following criteria: The site size and dimensions provide adequate area for the needs of the proposed use; The proposed use on the site is an expansion of the residential care facility for the elderly from five to eight persons. The site is 0.17 acres (6,941 square feet) and mostly flat. With the exception of parking, the impact of the proposed expansion of the number of residents is internal to the dwelling. The impacts of the proposed use of the site can be accommodated considering size, shape, location, topography and natural features; The proposed use on the site is an expansion of a 5-bed adult foster care facility to an eight-bed residential care facility for the elderly and disabled. The site is 0.17 acres (6,941 square feet) and mostly flat. With the exception of parking, the impact of the proposed expansion of the number of residents is internal to the dwelling. The applicant states the space within the existing dwelling meets the state requirements of 80 square feet of bedroom space per resident for the eight proposed residents. Verification of this is the responsibility of the state licensing authority and is not considered in this land use review. The proposed exterior driveway expansion of 12 feet in width and 20 feet in length between the existing garage and sidewalk can be accommodated considering size, shape, location, topography and natural features of the site as shown in the Site Plan (Sheet 2). All required public facilities have adequate capacity to serve the proposal; and As indicated in the applicant's Impact Study for the proposal and included in Section C below, all required public facilities have adequate capacity to serve the proposal. However, as noted in Clean Water Service's letter, the project must obtain a Sewer Connection Permit from the City. The site is currently served by public sanitary and is being billed using the Residential 1 Rate Method that includes the first five bedrooms as 1 DUE. With the proposed addition of three residents the site will need to be assessed under the Residential II Rate Method. An additional DUE is necessary for every two bedrooms over five. The applicable requirements of the zoning district are met except as modified by this chapter. Table 18.510 includes development standards in residential zones related to lot size, width, coverage, setbacks, height, and landscape requirements. As reviewed above, the existing dwelling met the base development standards prior to this development application. However, with the required dedication of two additional feet of right-of-way, the front yard and garage setbacks are no longer consistent, as measured on the scaled site plan and as shown in the table above. Therefore, the applicant has been conditioned to apply for a development adjustment for the front yard setback and a variance for the garage setback. All other base development standards of the R-25 zone are otherwise met. The applicable requirements of 18.330.050 are met; and Section 18.330.050 includes the following standards for Group Living: a) Minimum lot size shall be 5,000 square feet; b) Minimum setbacks shall be those in the applicable zone; c) Height limitation shall be that in the applicable zone; d) Compliance with all state requirements shall be required; and e) Off-street parking shall be in accordance with Chapter 18.765. WILDE RESIDENTIAL CARE FACILITY PAGE 6 OF 18 CUP2009-00003 5/10/2010 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER The subject lot size after dedication will be 6,941 square feet; the minimum setbacks are consistent with the R-25 zone except for the front yard and garage setback which may otherwise be met with application for a variance and development adjustment as conditioned; the existing story and a half dwelling will remain the same height and less than the 45 foot height allowed; the applicant states that the applicant's license from the State Department of Human Services has been applied for and is pending this land use approval; off-street parking is required at 1.0/room or 1.0/2.5 beds and is not met by the proposal but may be met with the variance applied for concurrently with this application. Therefore, provided the variance is approved, the proposed use may be consistent with the applicable requirements for the group living conditional use. 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. The applicable review criteria in this case include the following chapters of the Community Development Code: 18.330, Conditional Use; 18.360, 18.370, Variances and Adjustments; Site Development Review; 18.390, Decision-Making Procedures; 18.510, Residential Zoning Districts, 18.705, Access, Egress and Circulation; 18.725, Environmental Performance Standards; 18.745, Landscaping and Screening; 18.765 Off-Site Parking and Loading; 18.780 Signs; 18.790, Tree Removal; 18.795, Visual Clearance Areas; and 18.810 Street and Utility Improvements Standards. All other code chapters are inapplicable as approval standards. As reviewed above and below in this report, all applicable requirements of the code are either met or conditioned to be met. FINDING: With the recommended conditions of approval, or others that the Hearings officer may apply, the proposed group living expansion can meet the applicable approval standards for a conditional use. 18.330.030.B Conditions Of Approval 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; Requiring design features which minimize environmental impacts such as noise, vibration, air pollution, glare, odor and/or dust; Requiring additional setback areas, lot area, and/or lot depth or width; Limiting the building height, size or lot coverage, and/or location on the site; Designating the size, number, location and/or design of vehicle access points; Requiring street right-of-way to be dedicated and street(s) to be improved; Requiring landscaping, screening, drainage and/or surfacing of parking and loading areas; Limiting the number, size, location, height and/or lighting of signs; Limiting or setting standards for the location and/or intensity of outdoor lighting; Requiring berms, screening or landscaping and the establishment of standards for their installation and maintenance; Requiring and designating the size, height, location and/or materials for fences; Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas and/or drainage areas; WILDE RESIDENTIAL CARE FACILITY PAGE 7 OF 18 CUP2009-00003 5/10/2010 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Requiring the dedication of efficient open land area for a greet. .y adjoining and within the floodplain when land form alterations and development are allowed within the 100-year floodplain; and Requiring the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. FINDING: 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 the impact of the proposed use on the surrounding uses and public facilities is minimized. Staff finds that the proposed expansion of the group living facility from five to eight residents, with external changes to the proposed site limited to the addition of one on-site parking space, does not warrant any conditions beyond those recommended under findings for other applicable criteria elsewhere in this report. 18.330.050 Additional Development Standards for Conditional Use Types The standards for Group Living have been reviewed under the conditional use approval standards, above. Site Development Review (Chapter 18.360) 18.360.020 Applicability of Provisions. Site development review shall be applicable to all new developments and major modification of existing developments. The proposed change of use from five to eight residents in a group living situation requires a new conditional use. Therefore, the applicable site development review criteria shall apply. 18.360.090 Approval Criteria. The Director shall make a finding with respect to each of the following criteria when approving, approving with conditions, or denying an application: Compliance with all of the applicable requirements of this title including Chapter 18.810, Street and Utility Standards; The applicant has proposed and the City's Development Review Engineer is requiring dedication of 2 feet along the subject property's SW 134`h Avenue frontage. As demonstrated in this report, the proposal meets or has been conditioned to meet all of the applicable requirements of this title including Chapter 18.810. Trees shall be preserved to the extent possible. Replacement of trees is subject to the requirements of Chapter 18.790, Tree Removal. The applicant proposes to retain all trees. There are no trees in the front yard and project area that need protection. New street trees are proposed for back of sidewalk along SW 134`h Avenue. Therefore, this criterion is met. Public Transit. Provisions within the plan shall be included for providing for transit if the development proposal is adjacent to or within 500 feet of existing or proposed transit route. The site is located in excess of 500 feet from the nearest bus routes. Therefore, this criterion does not apply. Landscaping: a.All landscaping shall be designed in accordance with the requirements set forth in Chapter 18.745 and a minimum of 15 percent of the gross site area shall be landscaped. The applicant's Site Plan indicates that approximately 59% of the lot will be landscaped, consistent with this standard. Provision for the disabled: All facilities for the disabled shall be designed in accordance with the requirements set forth in ORS Chapter 447; and WILDE RESIDENTIAL CARE FACILITY PAGE 8 OF 18 CUP2009-00003 5/10/2010 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Provisions for the disabled are required for required walkways within commercial, institutional, industrial and multi-family residential sites (Chapter 18.705) as well as for arking lots (Chapter 18.765). The proposed use would not require external walkway retrofitting. However, per the Building Official's comments for this application, the proposed use would require a change of occupancy permit as well as appropriate structural, electrical, mechanical, plumbing and site permits. The change of occupancy would be to R-4 occupancy and would be reviewed under the Oregon Structural Specialty Code. This could involve many code requirements, but would require an automatic sprinkler system. (Contact Mark VanDomelen,Building Official, 503-718-2448) All of the provisions and regulations of the underlying zone shall apply unless modified by other sections or this title, e.g., Planned Developments, Chapter 18.350; or a variance or adjustment granted under Chapter 18.370. (Ord. 02-33) The proposed development is not a Planned Development. The applicant has applied for a minimum parking adjustment,but parking is not a regulation of the underlying zone. Staff has reviewed this proposal with all applicable provisions of the underlying R-25 zone, as shown above. The existing dwelling met the base development standards prior to this development application. However,with the required dedication of two additional feet of right-of-way, the front yard and garage setbacks are no longer consistent, as measured on the scaled Site Plan (Sheet 2) and as shown in the table above. Therefore, the applicant has been conditioned to apply for a development adjustment for the front yard setback and a variance for the garage setback. FINDING: According the analysis above, not all of the applicable site development review standards are met but have been conditioned to be met under the Zoning Districts section of this report,above. Variances and Adjustments (Chapter 18.370). Adjustments to parking standards (Chapter 18.765). Reduction from minimum parking requirements. By means of a Type II procedure, as governed by Section 18.390.040, the Director may authorize up to a 20% reduction in the total minimum vehicle parking spaces required in Section 18.765.070.H when an applicant for a development permit can demonstrate in a parking study prepared by a traffic consultant or in parking data from comparable sites that: (1) Use of transit, demand management programs, and/or special characteristics of the customer, client employee or resident population will reduce expected vehicle use and parking space demand for this development, as compared to standards Institute of Transportation Engineers (ITE) vehicle trip generation rates and minimum city parking requirements, and (2) A reduction in parking will not have an adverse impact on adjacent uses. FINDING: Pursuant to Table 18.765.2, Minimum and Maximum Off-Street Vehicle and Bicycle Parking Requirements, Group Living requires 1 space/room or 1 space/ 2.5 beds. The applicant states that there will be a total of eight beds resulting in 4 required spaces (8 rooms/2.5 spaces = 3.2 spaces, rounded up to 4 spaces per TDC 18.765.070.C). Staff finds that the actual .2 (3 space roposed, 3.2 spaces required) shortfall, without the roundup factor, represents a 5% (.2/4 = .05) reduction request. Due to the minimal request, the applicant has not provided a parking study by a traffic consultant or parking data from a comparable site. However, it is clear that the special characteristics of the resident population (elderly and disabled) will reduce expected vehicle use and parking space demand for this development. In addition, as the applicant's narrative points out, the additional parking space proposed would provide sufficient space for employees and attending medical care providers. The roposed single additional space would maximize the width allowed for driveways at 30 feet and would minimize the visual impact to the residential neighborhood of a larger parking facility. On-street parking along the SW 134th Avenue frontage of the subject property could otherwise accommodate five additional cars. Therefore, staff recommends the Hearings Officer approve the requested reduction from the minimum parking standards. WILDE RESIDENTIAL CARE FACILITY PAGE 9 OF 18 CUP2009-00003 5/10/2010 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Access, Egress and Circulati.„_. (Chapter 18.705) The provisions of this chapter shall apply to all development including the construction of new structures, the remodeling of existing structures (see Section 18.360.050), and to a change of use which increases the on-site parking or loading requirements or which changes the access requirements. No building or other permit shall be issued until scaled plans are presented and approved as provided by this chapter that show how access, egress and circulation requirements are to be fulfilled. The applicant shall submit a site plan. The applicant submitted a Site Plan (Sheet 2), which shows the proposed access, egress and circulation. This standard is satisfied. All vehicular access and egress as required in Sections 18.705.030H and 18.705.030I shall connect directly with a public or private street approved by the City for public use and shall be maintained at the required standards on a continuous basis. The site has approximately 136 feet of frontage and access on SW 134th Avenue, consistent with this standard. Public Street Access (18.705.030.D): All vehicular access and egress as required in Sections 18.705.030H and 18.705.030(I) shall connect directly with a public or private street approved by the City for public use and shall be maintained at the required standards on a continuous basis. The existing and proposed driveway configuration provides a walkway between the dwelling entry and the public sidewalk on SW 134`h Avenue, consistent with this standard. Access Management (18.705.030.H): Section 18.705.030.H.1 states that an access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT, Washington County, the City and AASHTO. Preliminary sight distance certification is required. Final sight distance certification is required after completion of the improvements. Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be 150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. Since the previously approved access will be used, no substantive change to the design of driveways and streets will occur. The applicant proposes to widen the existing driveway from 18 feet to 30 feet to accommodate an additional off-street parking space. There is no intersection within 150 of the proposed expansion. FINDING: According the analysis above, all of the applicable access, egress and circulation standards have been met or,in the case of sight distance, are conditioned to be met. Environmental Performance Standards (18.725) These standards require that federal and state environmental laws, rules and regulations be applied to development within the City of Tigard. Section 18.725.030 (Performance Standards) regulates: Noise,visible emissions,vibration and odors. WILDE RESIDENTIAL CARE FACILITY PAGE 10 OF 18 CUP2009-00003 5/10/2010 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Noise. For the purposes of noise regulation, the provisions of Sections 7.41.130 through 7.40.210 of the Tigard Mumcipal Code shall apply. Visible Emissions. Within the commercial zoning districts and the industrial park (IP) zoning district, there shall be no use, operation or activity which results in a stack or other point- source emission, other than an emission from space heating, or the emission of pure uncombined water (steam) which is visible from a property line. Department of Environmental Quality (DEQ) rules for visible emissions (340-21-015 and 340-28-070) apply. Vibration. No vibration other than that caused by highway vehicles, trains and aircraft is permitted in any given zoning district which is discernible without instruments at the property line of the use concerned. Odors. The emissions of odorous gases or other matter in such quantities as to be readily detectable at any point beyond the property line of the use creating the odors is prohibited. DEQ rules for odors (340-028-090) apply. Glare and heat. No direct or sky reflected glare, whether from floodlights or from high temperature processes such as combustion or welding, which is visible at the lot line shall be permitted, and; 1) there shall be no emission or transmission of heat or heated air which is discernible at the lot line of the source; and 2) these regulations shall not apply to signs or floodlights in parking areas or construction equipment at the time of construction or excavation work otherwise permitted by this title. Insects and rodents. All materials including wastes shall be stored and all grounds shall be maintained in a manner which will not attract or aid the propagation of insects or rodents or create a health hazard. FINDING: The proposed group living use for eight elderly and/or disabled persons does not typically generate noise, visible emissions, vibrations, odors, glare, heat, insects and rodents. Therefore, these standards do not apply to the proposed use other than what would be adequately addressed through other standards included in this staff report. Landscaping and Screening (18.745) 18.745.030.0 General Provisions Installation Requirements. The installation of all landscaping shall be as follows: 1. All landscaping shall be installed according to accepted planting procedures. The accepted planting procedures are the guidelines described in the Tigard Tree Manual. These guidelines follow those set forth by the International Society of Arboriculture (ISA) tree planting guidelines as well as the standards set forth in the most recent edition of the American Institute of Architects' Architectural Graphic Standards. In the Architectural Graphic Standards there are guidelines for selecting and planting trees based on the soil volume and size at maturity. Additionally, there are directions for soil amendments and modifications. Street Trees (18.745.040): All development projects fronting on a public street, private street or a private driveway more than 100 feet in length approved after the adoption of this title shall be required to plant street trees in accordance with the standards in Section 18.745.040.C. As shown on the applicant's Site Plan (Sheet 2) five flowering cherry street trees are proposed to be planted within five feet of the public right-of-way on the backside of the sidewalk on SW 134th Avenue. In addition, two Sawtooth Oaks, large stature, broad spreading (40'+ wide canopy at maturity) street trees are proposed to flank the driveway in order to provide a canopy effect. The proposed street trees meet this standard. WILDE RESIDENTIAL CARE FACILITY PAGE 11 OF 18 CUP2009-00003 5/10/2010 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Buffering and Screening (18.,- ,.050): General provisions. 1. It is the intent that these requirements shall provide for privacy and protection and reduce or eliminate the adverse impacts of visual or noise pollution at a development site, without unduly interfering with the view from neighboring properties or jeopardizing the safety of pedestrians and vehicles; 2. Buffering and screening is required to reduce the impacts on adjacent uses which are of a different type in accordance with the matrices in this chapter (Tables 18.745.1 and 18.745.2). The owner of each proposed development is responsible for the installation and effective maintenance of buffering and screening. When different uses would be abutting one another except for separation by a right-of-way, buffering, but not screening, shall be required as specified in the matrix; 3. In lieu of these standards, a detailed buffer area landscaping and screening plan may be submitted for the Director's approval as an alternative to the buffer area landscaping and screening standards, provided it affords the same degree of buffering and screening as required by this code. The subject property and surrounding abutting properties are all zoned R-25. Therefore the standards in the Buffer and Screening Tables do not apply. Screening: special provisions. Screening and landscaping of parking and loading areas: a. Screening of parking and loading areas is required. The specifications for this screening are as follows: (1) Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. These design features may include the use of landscaped berms, decorative walls and raised planters; (2) Landscape planters may be used to define or screen the appearance of off-street parking areas from the public right-of-way; (3) Materials to be installed should achieve a balance between low lying and vertical shrubbery and trees; (4) Trees shall be planted in landscaped islands in all parking areas, and shall be equally distributed and on the basis of one tree for each seven parking spaces in order to provide a canopy effect; and (5) The minimum dimension of the landscape islands shall be three feet and the landscaping shall be protected from vehicular damage by some form of wheel guard or curb. The applicant states that the subject property boundaries are already screened with mature landscaping and a good neighbor fence. The addition of one parking space adjacent to the existing driveway within the 30- foot allowed access width for residential driveways is therefore adequately screened. Screening of refuse containers: Except for one- and two-family dwellings, any refuse container or refuse collection area which would be visible from a public street, parking lot, residential or commercial area, or any public facility such as a school or park shall be screened or enclosed from view by placement of a solid wood fence, masonry wall or evergreen hedge. All refuse shall be contained within the screened area. The existing dwelling is a single-family dwelling being used for Group Living. As such this standard is arguably applicable. The applicant states in the narrative and shows on the Site Plan (Sheet 2) that a new refuse holding area located in the side yard will be screened with a five foot fence, consistent with this standard. WILDE RESIDENTIAL CARE FACILITY PAGE 12 OF 18 CUP2009-00003 5/10/2010 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER FINDING: Based on the analysis above, the applicable Landscaping and Screening standards have been met. Off-Street Parking and Loading (18.765) At the time of the erection of a new structure within any zoning district, off-street vehicle parking will be provided in accordance with Section 18.765.070. The applicant is not proposing new structures that require additional parking pursuant to Section 18.765.070. However, additional beds or rooms within the existing residence require additional off-street parking in accordance with Section 18.765.070.H. Pursuant to Table 18.765.2, Minimum and Maximum Off-Street Vehicle and Bicycle Parking Requirements, Group Living requires 1 space/room or 1 space/ 2.5 beds. The applicant states that there will be a total of eight beds resulting in four required spaces (8 rooms/2.5 spaces = 3.2 spaces, rounded up to 4 spaces per 1"llC 18.765.070.C). The applicant proposes adding one additional space to the two existing driveway spaces and has requested an adjustment for a reduction of the minimum parking standards. Staff has recommended the Hearings Officer approve the requested reduction from the minimum parking standards in the Variance section of this report, above. If approved, the minimum off-street parking standards can be met. 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; The proposed expansion of the existing driveway will result in a typical driveway configuration adjacent to the public sidewalk. Access drives shall have a minimum vision clearance in accordance with Chapter 18.795, Visual Clearance; Preliminary sight distance certification is required. Final sight distance certification is required after completion of the improvements. A vision clearance triangle is shown on the Site Plan (Sheet 2) consistent with this standard. Access drives shall be improved with an asphalt or concrete surface; The applicant has proposed to pave the additional parking space. This criterion is satisfied. Excluding single-family and duplex residences, except as provided by Subsection 18.810.030P, groups of two or more parking spaces shall be served by a service drive so that no backing movements or other maneuvering within a street or other public right-of-way will be required. The single-family residence is excluded from this standard. 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 single-family residence is excluded from this standard. 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 single-family residence has a driveway and not a parking lot. Therefore this standard does not apply. WILDE RESIDENTIAL CARE FACILITY PAGE 13 OF 18 CUP2009-00003 5/10/2010 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Drainage: Off-street parking and loading areas shall be drained in accordance with specifications approved by the City Engineer to ensure that ponds do not occur except for single-family and duplex residences, off-street parking and loading facilities shall be drained to avoid flow of water across public sidewalks. The single-family residence is excluded from this standard. Minimum Bicycle Parking Requirements: The total number of required bicycle parking spaces for each use is specified in Table 18.765.2 in Section 18.765.070.H. In no case shall there be less than two bicycle parking spaces. Single-family residences and duplexes are excluded from the bicycle parking requirements. The Director may reduce the number of required bicycle parking spaces by means of an adjustment to be reviewed through a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.370.020.C.5.e. Pursuant to Table 18.765.2, bicycle parking for Group Living is required at 1 space/5 beds. Pursuant to TDC 18.765.050.C, no less than two bicycle parking spaces are required. The applicant's narrative and Site Plan did not address this standard. Therefore, a condition of approval shall require the applicant to demonstrate how this requirement is, or can be, satisfied. FINDING: Based on the analysis above, the off-street parking standards have not been met. Provided the recommended conditions of approval or,other conditions by the Hearings Officer are imposed, the applicable off-street packing standards can be met. `N, CONDITION: The applicant shall submit a revised Site Plan demonstrating that the site contains a minimum of two (2) bicycle parking spaces pursuant to the applicable Bicycle Parking Design standards in TDC 18.765.050. Signs (18.780): Requires that a permit be issued for any sign that is erected, re-erected, constructed, structurally altered, or relocated within the City Limits. •�J FINDING: The applicant is not proposing signage with this application. Tree Removal (18.790) Tree plan required. A tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review, planned development or conditional use is filed. Protection is preferred over removal wherever possible. FINDING: As shown in the applicant's submittal (Sheet 1, Aerial Photo, and other photos of site), there are no trees in the front yard of the existing dwelling, and therefore no trees that could be impacted by the limited proposed driveway expansion. No tree plan was therefore required or submitted with the application. Visual Clearance Areas (18.795) When provisions apply. 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. FINDING: Visual Clearance Area standards apply to the driveway on the proposed site due to the proposed change of use requiring additional on-site parking. The applicant has provided a drawing of a visual clearance triangle on the Site Development Plan (Sheet 2), consistent with this standard. WILDE RESIDENTIAL CARE FACILITY PAGE 14 OF 18 CUP2009-00003 5/10/2010 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER 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 requires a development to have approved access to a public street. The existing access was previously approved. Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a local street to have a 54-foot right-of-way width and varied paved section. A local street is required to have a 27-foot right-of-way width from centerline. Other improvements required may include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. The right-of-way (ROW) requirement for a local street is 54 feet in width, or 27 feet from centerline of ROW. The applicant proposes to dedicate an additional two feet of additional ROW along the frontage to increase the existing ROW on that side of the street from 25 feet to 27 feet from centerline of ROW. With that dedication, the ROW requirement is met. The existing street has a curb-tight sidewalk and is lacking a planter strip for compliance with the current development code requirements. However, widening to provide an ultimate section with planter strip and sidewalk is best performed as part of a larger project to widen the street. Staff concurs with the applicant's findings that the improvements should be deferred until a larger scale improvement is initiated to widen the street to ultimate section. In lieu of constructing the improvements, the applicant shall execute a restrictive covenant with the City for participation in future improvements to expand the roadway to the ultimate section. Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets. Private streets and industrial streets shall have sidewalks on at least one side. The development code requires a 5-foot sidewalk and 5-foot planter strip exclusive of curb along the local street frontage. The existing street system has curbtight sidewalk with no planter strip. This project proposes to retain the existing 5-foot curbtight sidewalk and defer relocation of the sidewalk, installation of a planter strip, and other ancillary improvements until a larger scale project to widen the existing street is initiated. Staff concurs with that determination. The applicant proposes to plant street trees along the frontage behind the existing sidewalk. Bikeways and Pedestrian Pathways: Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed bikeways identified on the City's adopted pedestrian/bikeway plan shall include provisions for the future extension of such bikeways through the dedication of easements or right-of-way. No bikeways, bike lanes, or pedestrian pathways are required as part of this project. There is a pedestrian connection from the building to the sidewalk along the frontage. There is no other requirement for the 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: WILDE RESIDENTIAL CARE FACILITY PAGE 15 OF 18 CUP2009-00003 5/10/2010 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • The developer shall m..,e all necessary arrangements with t. 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 pubhc right-of-way from the applicant's property shall pay a fee in-lieu of under- grounding. Utilities are already underground in this area. This requirement is met. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Traffic Study Findings: The traffic generation from the proposed use is negligible. No traffic study is required. Sight distance certification is required for this project. Fire and Life Safety: Tualatin Valley Fire and Rescue (TVF&R) is the service provider for fire and emergency services. Comments from TVF&R,if any, need to be incorporated into the project. Public Water System: The City of Tigard is the service provider for water in this area. The facility will continue to be served by the existing water connection. 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. (For Private Facilities) To ensure compliance with Clean Water Services design and construction standards, the applicant shall employ the design engineer responsible for the design and specifications of the private water quality facility to perform construction and visual observation of the water quality facility for compliance with the design and specifications. These inspections shall be made at significant stages throughout the project and at completion of the construction. Prior to final building inspection, the design engineer shall provide the City of Tigard (Inspection Supervisor) with written confirmation that the water quality facility is in compliance with the design and specifications. (For privately maintained Stormwater Management Units) The additional impervious area created by the driveway widening is not sufficient enough to require water quality treatment. No on-site water quality facility is required. WILDE RESIDENTIAL CARE FACILITY PAGE 16 OF 18 CUP2009-00003 5/10/2010 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Grading and Erosion Control. CWS Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per CWS regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. An erosion control plan is required as part of the work to expand the driveway. C. IMPACT STUDY The impact study shall quantify the effect of the development on public facilities and services. The study shall address, at a minimum, the transportation system, including bikeways, the drainage system, the parks system, the water system, the sewer system, and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards and to minimize the impact of the development on the public at large,public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication requirements, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. The applicant has submitted an impact study,which shows that there will be adequate facilities to serve the proposed group living expansion, as indicated below: Sanitary Sewer System: There is an eight inch sanitary sewer in SW 134th Avenue. The facility is currently connected to this line. As Clean Water Services notes, a connection permit will be required from the City to change the rate from Residential 1 Rate Method to Residential II Rate Method. Stormwater System: No additional stormwater measures are proposed to manage the marginal increase in impervious surface. The stromwater will use the existing public system available in SW 134 Avenue. Water System: An existing water connection serves the site. No additional service is required for the group living expansion. Traffic System: The proposed site is located on SW 134th Avenue, a local street. The ROW requirement for a local street is 54 feet in width, or 27 feet from centerline of ROW. The applicant proposes and specifically concurs with the requirement to dedicate an additional two feet of additional ROW along the frontage to increase the existing ROW on that side of the street from 25 feet to 27 feet from centerline of ROW. With that dedication, the ROW requirement is met. The existing street has a curb-tight sidewalk and is lacking a planter strip for compliance with the current development code requirements. However, widening to provide an ultimate section with planter strip and sidewalk is best performed as part of a larger project to widen the street. Staff concurs with the applicant's findings that the improvements should be deferred until a larger scale improvement is initiated to widen the street to ultimate section. In lieu of constructing the improvements, the applicant shall execute a restrictive covenant with the City for participation in future improvements to expand the roadway to the ultimate section. SECTION VII. OTHER STAFF COMMENTS The City of Tigard Arborist has reviewed the proposal and provided comment and recommended conditions as included in findings for the Landscaping and Screening and Tree Removal sections of this report. The City of Tigard Public Works Department has reviewed the proposal and had no comments. WILDE RESIDENTIAL CARE FACILITY PAGE 17 OF 18 CUP2009-00003 5/10/2010 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER The City of Tigard Building i....partment has reviewed the proposal az._ commented that the proposed use would require a change of occupancy permit as well as appropriate structural, electrical, mechanical, plumbing and site permits. The change of occupancy would be to R-4 occupancy and would be reviewed under the Oregon Structural Specialty Code. This could involve many code requirements, but would require an automatic sprinkler system. The City of Tigard Police Department has reviewed the proposal and has no objections to it. The City of Tigard Development Engineering Division has reviewed the proposal. Findings are included in the Access, Egress and Circulation section and Street and Utility Improvements section of this decision. Requirements are included in the conditions of approval. Full Comments are in the land use file. SECTION VIII. AGENCY COMMENTS Verizon has reviewed the proposal and has determined there is no impact to Verizon phone structures. Tualatin Valley Fire and Rescue (TVF&R) has reviewed the proposal and has no comments or conditions regarding fire apparatus access or firefighting water supplies. Clean Water Services (CWS) has reviewed the proposal and states that the project must obtain a Sewer Connection Permit from the City. The site is currently served by public sanitary and is being billed using the Residential 1 Rate Method that includes the first five bedrooms as 1 DUE.With the proposed addition of three residents the site will need to be assessed under the Residential II Rate Method. An additional DUE is necessary for every two bedrooms over five. PREPARED �Pagenstecher DATE Associate Planner alfr■Le .0.69173 REVIEWED BY: Ron Bunch DATE Community Development Director WILDE RESIDENTIAL CARE FACILITY PAGE 18 OF 18 CUP2009-00003 5/10/2010 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • 7- _,..., RESIDENTIAL CARE FACILITY 12550 SW 134TH AVENUE ATTENTION CONDITIONAL USE PLANS ,�w,~- r- CR[0011 TAW REPUTES YOU TO 876*7 RULES .- ROOPTEO BY TIE OREM.UlI1M NOT ICATION CENTER. 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ENGINEER•�i __ OWNER/APPLICANT: at SURVEYOR: mil' / ERIN DANIELLE WILDS HARRIS-MCMONAGLE \�-w �'�/ t2sso SW tJ4TH AVENUE ASSOCIATES, INC. ��'�v.L.r! % WARD,OREGON 97223 9740 S.W.SCOFFINS ST. �. - ,_.4!_-___®_ 7.l/.%or .� PHONE 5113.]18.1506 TICARD,OR 97223-6287 ♦ --- -�• --- - / PHONE 503.6}9.}453 i / _SW 134TH AVENUE / ,% �'' ♦ . �• SITE INFORMATION: W f r, TAX MOP 25-1-04AC TAX LOT 2700 `\ i- _ .�L,---may- ^ ADDRESS: 12550 SW 134TH AVENUE 1 # - t l �-� ,- _,K-- \ rm CROSS SITE AREA-7.209 S.F( �a I NOTE ALL BOUNDARY DIMENSIONS AND AREA SHOWN O 20 ro ARE PER THE PUT OF'MORNR7G HILL No.e' - M � . f I: X Date of this Plansel:Last Revised 5101!09 3-y F. • I r - _ SHEET INDEX: Cover Sheet and Vicinity Map 1 Of 2 Site Plan 2 of 2 City of Tigard Caseflie No."PENDING" ORVISSOIS I" "° Ivl. WEE=°° °" a HMC Harris-McMonag/e S/DENT/AL CARD fACIL/Pl ' DANIELLE WIDE 0.,„„ TAN 5.M Associates,Inc, COWER EVG/AFER/AG-A07V£YMG-RAAwIG Twwo.aan um® 1968 am 503 213 1596 Jal 8740 SW.5.01nE Street Tigard,Oregon 97223 CONDITIONAL USE PERMIT 1 - ref(503)6393453 Fax(503)639-1232 COVER SHEET AND VICINITY MAP a 2 NW. ttolrtNN .NINE OM ROE / `, \ '\\\\ \ 1/.< / N / / \`\\ \ / ,/r\`\, \ / \\`\ • ,/ / \\\``\\\\`\ / //' \` N / \`\\ ;/ / \ \\\`\\\ / / `\\ f ) T/L 2500 \ / / / \\ \ \\\ \\ / /// v `\\ \\\\\`\ / / \ `\`\ / T/L 2800 /> OSS . / / /i / <\ %/ ,56,'19. / // /,\` • \ / ', /•4, r\ , / / <`\ // \\\\\ \\ '../ �\41'7(,44,- \ //�� q,', i J \`\ 1 P i `\\ \\\ T/L 2600 `\> \ / �y�E \ 1 \ \ // //\ `\\ \ � / � � ` `,\ /JbF rsewi swo`S-nE � 0� Q f , ,e, / .,..s. I ' . Z�I – / \r—CIElMYwEM.G P�1' 555 � /• /`` :\ \\\ `\� Y � �•�„ • \ Z • 4 --- -O E amEO«Easi �� ^ O�O O 7 flSTMG STREET TREE / %\ \i >R.,.. NN '', -.•--.- '..... 1'4134 '''. •111.1.11NEMKIIIIIIPIAN ail !Mii i .' / \\\ `\` `\ EItR1wG CURB MT �! ___-"" " / \`./ `1 /" r;"` �� SW 134TH AVENUE \`\ `�N. `- _ N38'00'08"W �" \` — — ---c-- �" �/ �`. i i – – / / /; /\/ ```_ ``�4/--_-_----- �\ r �-, / MUM RUM LYRE w _` �^` T/L 3300 / �' ���_---- ``I MmMrlpnMlo �,,T —1-;r– _ \11,c i ""� \`� i 1 i__ - .._...r ` -- T/L 3700 / 1 I I 1 I I __ __I , L -00 nLVRERas IMAM RM.MA.Ii m d - EcA[ TCLI HMC Harris-McMonagle TUS/DDNT/AL CARE fAC/LIP! a„ :: DANIELLE WILDE TPA a Associates,Inc, Y IT Pt — AVENUE SITE PLAN _, 12593 TIGARD BISM 15KB FNGiAFFa/xG-ARVEY7AG-fEAU1'MY 874°T:(503)679-3453 ry daEyoT9nz3 CONDITIONAL USE PERMIT 2 WS Fax(503)6331232 S I TF PLAN or 2 ore EOMIR.ROI NM MIT ]/UB/IC • , COMMUNITY M SPAPEl C' PUBLIC HEARING ITEM: The following will be considered by the • 6605 SE Lake Road,Portland,OR 97222 Tigard Hearings Officer on Monday May PO Box 22109 Portland OR 97269-2109 II 10, 2010 at 7:00 PM at the Tigard Civic Phone:503-684-0360 Fax:503-620-3433 Center - Town Hall, 13125 SW Hall Blvd., E-mail: legals®commnewspapers.com T 1 G A R D Tigard,Oregon. Both public oral and written testimony is invited. The public hearing on this matter will be conducted in accordance with the Tigard AFFIDAVIT OF PUBLICATION Municipal Code and the rules of procedure adopted by the State of Oregon, County of Washington, SS Council and available at City Hall or the rules of procedure set I, Charlotte Allsop, being the first duly sworn, forth in Chapter 18.390. Testimony may be submitted in writing depose and say that I am the Accounting 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 Manager of The Times (serving Tigard, prior to the close of the hearing accompanied by statements or Tualatin & Sherwood), a newspaper of evidence sufficient to afford the decision-maker an opportunity general circulation, published at Beaverton, to respond to the issue precludes appeal to the Land Use Board in the aforesaid county and state, as defined of Appeals based on that issue. Failure to specify the criterion by ORS 193.010 and 193.020, that from the Community Development Code or Comprehensive Plan at which a comment is directed precludes an appeal based on that criterion. City of Tigard A copy of the application and all documents and evidence Public Hearing/Cup 2009-00003; submitted by or on behalf of the applicant and the applicable Var 2009-000021 criteria are available for inspection at no cost. A copy of the TT11441 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 A copy of which is hereto annexed, was can also be provided at a reasonable cost. Further information maybe obtained froth the Planning Division published in the entire issue of said (staff contact: Gary Pagenstecher, Associate Planner) at newspaper for 13125 SW Hall Blvd., Tigard, Oregon 97223, by calling 503- 1 639-4171,or by e-mail to garyp @tigard-or.gov. week in the following issue: CONDITIONAL USE April 22, 2010 (CUP)2009-00003/ADJUSTMENT PER 2009-00021 �/, -WILDE RESIDENTIAL CARE FACILITY- Ck-oi �1 CWA-L PROPOSAL: A request for Conditional Use approval on a Charlotte Allso (Accounting Maha er 0.17-acre site to expand an existing adult foster facility t p g g ) in a single-family dwelling to exceed five beds. The project Subscribed and sworn to before me this includes adding three beds to the existing five-bed adult foster care facility. A Special Adjustment is also requested for a April 22, 2010. reduction in the minimum off-street parking requirement from four to three spaces. LOCATION: 12550 SW 134th Avenue; Washington County Tax Assessor's Map 2S 104AC, Tax Lot • ` ).?` e_.,t.-V1 02700. ZONE: R-25: Medium High-Density Residential NOTAR PUBLIC FOR OREGON District. The R-25 zoning district is designed to accommodate existing housing of all types and new attached single-family and My commission expires -11\0∎), J - I I multifamily housing units at a minimum lot size of 1,480 square feet. A limited amount of neighborhood commercial uses is Acct#10093001 j permitted outright and a wide range of civic and institutional Attn: Patty Lunsford uses are permitted conditionally. APPLICABLE REVIEW City of Tigard CRITERIA: Community Development Code Chapters 18.330, 13125 SW Hall Blvd 18.360, 18370, 18.390, 18.510, 18.705, 18.725, 18.745, 18.765, 18.780, 18.790, 18.795 and 18.810. Tigard, OR 97223 t.; ; w fEk.j pla t l'� Yr ' � � , Jar r vic„„„MA. y�' ��--��t r it Size: 2 x 10.5 .'' ' 7.i _ Amount Due: $175.35* �.er�7"7 f... -sip ..�. Q,�. 'Please remit to the address above. *Arlo li •1 _�t `"O1" I ilpf,. F ,w' f It r .-y t l _ Ii► '1 r«F-t, pppp ,pa li-i E.. r 7 f Y• ®via ..... 11 14,:-- i -,r\- s.4:2--f -i-----,-,-'s_4 1 I M I --' Publish 04/22/2010. TT11441 NOTICE TO MORTGAGEE ENHOLDER,VENDOR ORE. LER: THE.TIGARD DEVELOPMENT CODE It ..QUIRES THAT IF YOU RECEIVE THIS NOTICE, el IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER ; TIGARD PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY MAY 10, 2010 AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER AT 13125 SW HALL BOULEVARD,TIGARD,OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: FILE NOS.: CONDITIONAL USE PERMIT (CUP) 2009-00003 ADJUSTMENT (VAR) 2009-00021 FILE TITLE: WILDE RESIDENTIAL CARE FACILITY APPLICANT: Steve Bloomquist OWNER: Danielle Wilde Harris McMonagle Associates,Inc. 12550 SW 134th Avenue 8740 SW Scoffins Street Tigard, OR 97224 Tigard, OR 97223 PROPOSAL: A request for Conditional Use approval on a 0.17-acre site to expand an existing adult foster care facility in a single-family dwelling to exceed five beds. The project includes adding three beds to the existing five-bed adult foster care facility. A Special Adjustment is also requested for a reduction in the minimum off-street parking requirement from four to three spaces. LOCATION: 12550 SW 134th Avenue;Washington County Tax Assessor's Map 2S104AC,Tax Lot 02700. ZONE: R-25: Medium High-Density Residential District. The R-25 zoning district is designed to accommodate existing housing of all types and new attached single-family and multifamily housing units at a minimum lot size of 1,480 square feet. A limited amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.360, 18.370, 18.390, 18.510, 18.705, 18.725, 18.745, 18.765, 18.780, 18.790, 18.795 and 18.810. THE PUBLIC HEARING ON THIS MA I I hR WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURES ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WIT.T, ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 2438 (VOICE) OR (503) 684-2772 (1'DD-TELECOMMUNICATIONS DEVICES FOR THE DEAF)NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ' ANYONE WISHING TO PRESENT WRI'1'1'rN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL I'rSTIMONY 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 WRI.CI EN 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 LE3,3 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 LEITER 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 OPPORTUNITY 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 (25' ) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER GARY PAGENSTECHER,ASSOCIATE PLANNER AT 503.639.4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223, OR BY E-MAIL TO garyp(a tigard-or.gov. �lVr triiU.�"J VICINITY MAP���11111 t ft J a �� CUP2009-00003= �rr ,m VAR2008-00021 = WILD€RESIDENTIAL CARE ��.. `. ■ 111,�,� _ FACILITY �� r i r4xx1 . plop IIIOW . ,,T ti pJ4 s �--.. al 'IN'... LT35tr$� i gimp:la .Ana Ti-. ■ 11 * . Subject Site ��El ;111111='.win t M.k:.la nR x ,I . :� . 1117:111 .. T I!•1 ` I:j111ai - I +� . • � ■ k �V Y. �" X11 =±P41. i.d. 44.4114,10\0111 t III ■i■ TFkt. F- SI ' `J WALNUT SI w.•r+.•••wr awrem. ^ Lt wy W�.V�sw.!;Np war D.•r�•r 'fir YOVI,.IJVI.,-•',MR tJU1 t . ..•w.,...MU• .rm,Y....i, ME Feet t fr CN Y•a 0 :00 REQUEST FOR COMMENTS 6 ‘..)12 e C, u ct - GC,p© 3 City of f Tigard 74 i ,~ TDT—COUNTYWIDE TRANSPORTATION DEVELOPMENT TAX TIG/IKD- Rate Calculation Worksheet . rr Edeal,1f3Yt`3 YliW' n 42 W;f2'Argar"rlidIH:isa4'e J7,TAARlSdP9,.'"0...1.1.i`Fl A.5".1W 71 'CLUS iISETAtIM118"231 APPLICANT /9„0 fie " /(I-D� DATE /� /v MAILING ADDRESS /2 5--0 S��{113,y%?-�yA' "� PREPARED BY i CITY/ZIP/PHON G 1 / 979.22"/ . PLANS CHECK 1/)>z0 011,1 0000 TAX MAP# 2 5 f 0,S[ .c. 6,.... Q P�ROJ�ECT TITLE SITUS#ADDRESS /� 5-s J / / 3- 1! 44-- ?ORMER USE(S). . , USE CODE UNITSX RATE = AMOUNT, DESCRIPTION/NOTES / .25-e 5r X /,.G10 = g, . 3e.b Abo.7. 9s7 R 6 x = x = x = TOTAL TDT,FORMER USE(S) PROPOSED USE(S) USE CODE UNITS X RATE AMOUNT DESCRIPTION/NOTES 255 15 x Ar`l, 4ko = 1/5, 204 g -TSEb 7esiDfA77.9t_ OlRe___ x x = x = TOTAL:'TDT,PROPOSED USE(S) / 31 3,�©, r- �, /vet�c ssr�s-:•�.z�, 3-si9. LESS TOTAL TDT,FORMER USE(S) �- v�X/ «T �. 3 h'9 -� °180, o c.0 TDT INCREASE!(DECREASE) / (INCREASE=TDT DUE) PAYMENT.METHOD CASH/CHECK A J/f/1 f,: , ,4r ,'77o/Vin__ -' //4DV Sf S CREDIT �2 . rz� '4'4' �1` GZ�6 �C- BANCROFT AGREEMENT V ` (PROMISSORY NOTE) DEFER TO OCCUPANCY 1/OFS/CD/FORMS/TDT Rate Calculation Worksheet.fndd(Rev.4/22/09) MEMORANDUM CITY OF TIGARD, OREGON DATE: March 30. 2010 TO: Gary Pagenstecher, Associate Planner - FROM: Gus Duenas, Development Engineer RE: CP2009-0003 - 134th Adult Care Facility Access Management (Section 18.705.030.H) Section 18.705.030.H.1 states that an access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT, Washington County, the City and AASHTO. Preliminary sight distance certification is required. Final sight distance certification required after completion of the improvements. Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. Not applicable. Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. The minimum spacing of local streets along a local street shall be 125 feet. ENGINEERING COMMENTS CUP2009-00003 134th Ave Adult Care PAGE 1 Street And Utility Improvements Standards (Section 18.810): Chapter 18.810 provides construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: Streets: Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. Minimum Rights-of-Way and Street Widths: Section 18.810.030E and Figure 18.810.1 require a 7-lane arterial to have right-of-way varying from 124 feet to 128 feet. Other improvements required include sidewalks, bike lanes, underground utilities, street lighting, storm drainage, planter strips and street trees. The ROW requirement for a local street is 54 feet in width, or 27 feet from centerline of ROW. The applicant proposes to dedicate an additional two feet of additional ROW along the frontage to increase the existing ROW on that side of the street from 25 feet to 27 feet from centerline of ROW. With that dedication,the ROW requirement is met. The existing street has a curb-tight sidewalk and is lacking a planter strip for compliance with the current development code requirements. However,widening to provide an ultimate section with planter strip and sidewalk is best performed as part of a larger project to widen the street. Staff concurs with the applicant's findings that the improvements should be deferred until a larger scale improvement is initiated to widen the street to ultimate section. In lieu of constructing the improvements, the applicant shall execute a restrictive covenant with the City for participation in future improvements to expand the roadway to the ultimate section. Future Street Plan and Extension of Streets: Section 18.810.030.F states that a future street plan shall be filed which shows the pattern of existing and proposed future streets from the boundaries of the proposed land division. This section also states that where it is necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed and a barricade shall be constructed at the end of the street. These street stubs to adjoining properties are not considered to be cul-de-sacs since they are intended to continue as through streets at such time as the adjoining property is developed. A barricade shall be constructed at the end of the street by the ENGINEERING COMMENTS CUP2009-00003 134th Ave Adult Care PAGE 2 property owners which shall not be removed until authorized by the City Engineer, the cost of which shall be included in the street construction cost. Temporary hammerhead turnouts or temporary cul-de-sac bulbs shall be constructed for stub streets in excess of 150 feet in length. There are no future streets or extensions of streets through this development. Street Alignment and Connections: Section 18.810.030.H.1 states that full street connections with spacing of no more than 530 feet between connections is required except where prevented by barriers such as topography, railroads, freeways, pre-existing developments, lease provisions, easements, covenants or other restrictions existing prior to May 1, 1995 which preclude street connections. A full street connection may also be exempted due to a regulated water feature if regulations would not permit construction. Section 18.810.030.H.2 states that all local, neighborhood routes and collector streets which abut a development site shall be extended within the site to provide through circulation when not precluded by environmental or topographical constraints, existing development patterns or strict adherence to other standards in this code. A street connection or extension is precluded when it is not possible to redesign, or reconfigure the street pattern to provide required extensions. Land is considered topographically constrained if the slope is greater than 15% for a distance of 250 feet or more. In the case of environmental or topographical constraints, the mere presence of a constraint is not sufficient to show that a street connection is not possible. The applicant must show why the constraint precludes some reasonable street connection. N/A Cul-de-sacs: 18.810.030.L states that a cul-de-sac shall be no more than 200 feet long, shall not provide access to greater than 20 dwelling units, and shall only be used when environmental or topographical constraints, existing development pattern, or strict adherence to other standards in this code preclude street extension and through circulation: • All cul-de-sacs shall terminate with a turnaround. Use of turnaround configurations other than circular, shall be approved by the City Engineer; and • The length of the cul-de-sac shall be measured from the centerline intersection point of the two streets to the radius point of the bulb, and • If a cul-de-sac is more than 300 feet long, a lighted direct pathway to an adjacent street may be required to be provided and dedicated to the City. ENGINEERING COMMENTS CUP2009-00003 134th Ave Adult Care PAGE 3 N/A Grades and Curves: Section 18.810.030.N states that grades shall not exceed ten percent on arterials, 12% on collector streets, or 12% on any other street (except that local or residential access streets may have segments with grades up to 15% for distances of no greater than 250 feet). Centerline radii of curves shall be as determined by the City Engineer. N/A Access to Arterials and Major Collectors: Section 18.810.030.Q states that where a development abuts or is traversed by an existing or proposed arterial or major collector street, the development design shall provide adequate protection for residential properties and shall separate residential access and through traffic, or if separation is not feasible, the design shall minimize the traffic conflicts. The design shall include any of the following: • A parallel access street along the arterial or major collector; • Lots of suitable depth abutting the arterial or major collector to provide adequate buffering with frontage along another street; • Screen planting at the rear or side property line to be contained in a non-access reservation along the arterial or major collector; or • Other treatment suitable to meet the objectives of this subsection; • If a lot has access to two streets with different classifications, primary access should be from the lower classification street. N/A Private Streets: Section 18.810.030.T states that design standards for private streets shall be established by the City Engineer. The City shall require legal assurances for the continued maintenance of private streets, such as a recorded maintenance agreement. Private streets serving more than six dwelling units are permitted only within planned developments, mobile home parks, and multi-family residential developments. N/A Block Designs - Section 18.810.040.A states that the length, width and shape of blocks shall be designed with due regard to providing adequate building sites for the use contemplated, consideration of needs for convenient access, circulation, control and safety of street traffic and recognition of limitations and opportunities of topography. ENGINEERING COMMENTS CUP2009-00003 134th Ave Adult Care PAGE 4 Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks formed by streets shall not exceed 1,800 feet measured along the right-of- way line except: • Where street location is precluded by natural topography, wetlands or other bodies of water or, pre-existing development or; • For blocks adjacent to arterial streets, limited access highways, major collectors or railroads. • For non-residential blocks in which internal public circulation provides equivalent access. Section 18.810.040.B.2 also states that bicycle and pedestrian connections on public easements or right-of-ways shall be provided when full street connection is not possible. Spacing between connections shall be no more than 330 feet, except where precluded by environmental or topographical constraints, existing development patterns, or strict adherence to other standards in the code. Lots - Size and Shape: Section 18.810.060(A) prohibits lot depth from being more than 2.5 times the average lot width, unless the parcel is less than 1.5 times the minimum lot size of the applicable zoning district. Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of frontage on public or private streets, other than an alley. In the case of a land partition, 18.420.050.A.4.c applies, which requires a parcel to either have a minimum 15-foot frontage or a minimum 15-foot wide recorded access easement. In cases where the lot is for an attached single-family dwelling unit, the frontage shall be at least 15 feet. 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. Private streets and industrial streets shall have sidewalks on at least one side. The development code requires a 5-foot sidewalk and 5-foot planter strip exclusive of curb along the local street frontage. The existing street system has curbtight sidewalk with no planter strip. This project proposes retain the existing 5-foot curbtight sidewalk and defer relocation of the sidewalk,installation of a planter strip,and other ancillary improvements until a larger scale project to widen the existing street is initiated. Staff concurs with that determination. The applicant proposes to plant street trees along the frontage behind the existing sidewalk. Sanitary Sewers: ENGINEERING COMMENTS CUP2009-00003 134th Ave Adult Care PAGE 5 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. Storm Drainage: General Provisions: Section 18.810.100.A 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). N/A 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). In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a stormwater detention/effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25-year event. The City will require that all new developments resulting in an increase of impervious surfaces provide onsite detention facilities, unless the ENGINEERING COMMENTS CUP2009-00003 134th Ave Adult Care PAGE 6 development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention. N/A Bikeways and Pedestrian Pathways: Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed bikeways identified on the City's adopted pedestrian/bikeway plan shall include provisions for the future extension of such bikeways through the dedication of easements or right-of-way. No bikeways, bike lanes, or pedestrian pathways are required as part of this project. There is a pedestrian connection from the building to the sidewalk along the frontage. There is no other requirement for the 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 ENGINEERING COMMENTS CUP2009-00003 134th Ave Adult Care PAGE 7 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. Utilities are already underground in this area. This requirement is met. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Traffic Study Findings: The traffic generation from the proposed use is negligible. No traffic study is required. Sight distance certification is required for this project. Fire and Life Safety: Tualatin Valley Fire and Rescue (TVF&R) is the service provider for fire and emergency services. Comments from TVF&R, if any, need to be incorporated into the project. Public Water System: The City of.l igard is the service provider for water in this area. The facility will continue to be served by the existing water connection. 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. (For Private Facilities) To ensure compliance with Clean Water Services design and construction standards, the applicant shall employ the design engineer responsible for the design and specifications of the private water quality facility to perform construction and visual observation of the water quality facility for compliance with the design and specifications. These inspections shall be made at significant stages throughout the project and at completion of the construction. Prior to final building inspection, the design engineer shall provide the City of Tigard (Inspection Supervisor) with written confirmation that the water quality facility is in compliance with the design and specifications. ENGINEERING COMMENTS CUP2009-00003 134th Ave Adult Care PAGE 8 (For privately maintained Stormwater Management Units) The additional impervious area created by the driveway widening is not sufficient enough to require water quality treatment. No on-site water quality facility is required. Grading and Erosion Control: CWS Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per CWS regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES) erosion control permit be issued for any development that will disturb one or more acre 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. (Grading plan for subdivisions) A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of all lots, and show that they will be graded to insure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering Department. For situations where the back portions of lots drain away from a street and toward adjacent lots, appropriate private storm drainage lines shall be provided to sufficiently contain and convey runoff from each lot. The applicant will also be required to provide a geotechnical report, per Appendix Chapter 33 of the UBC, for the proposed grading slope construction. The recommendations of the report will need to be incorporated into the final grading plan and a final construction supervision report must be filed with the Engineering Department prior to issuance of building permits. The design engineer shall also indicate, on the grading plan, which lots will have natural slopes between 10% and 20%, as well as lots that will have natural slopes in excess of 20%. This information will be necessary in determining if special grading inspections and/or permits will be necessary when the lots develop. An erosion control plan is required as part of the work to expand the driveway. ENGINEERING COMMENTS CUP2009-00003 134th Ave Adult Care PAGE 9 Site Permit Required: N/A Address Assignments: The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard. An addressing fee in the amount of $50.00 per address shall be assessed. This fee shall be paid to the City prior to site permit. N/A Recommendations: THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO PERFORMANCE OF ANY WORK ON THE PROJECT: Submit to the Community Development Department (Gus Duenas, 639-4171, ext. 2470) for review and approval: A PFI permit is typically required to cover half-street improvements, sanitary sewer, easement restoration and any other work in the public right-of-way or easement. The PFI also includes any work for on-site detention, on-site water quality treatment, and street trees. This project does include public facility improvements involving the widening of a driveway and planting of street trees and requires issuance of a PFI permit. Six (6) sets of detailed plans covering the proposed improvement shall be submitted for review to the Development Engineer. PFI permit plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall and the City's web page (www.tigard-or.gov). An erosion control plan shall be provided as part of the PFI permit drawings. The plan shall conform to Clean Water Services Design and Construction Standards (Resolution and Order No. 07-20) Chapter 2. No work on-site shall commence until the erosion control permit are issued. The PFI permit plan submittal shall include the exact legal name,address and telephone number of the individual or corporate entity who will be designated as the "Permittee", and who will provide the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Development Engineer will delay processing of project documents. ENGINEERING COMMENTS CUP2009-00003 134t' Ave Adult Care PAGE 10 • • The applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. The purpose of this plan is for parking and traffic control during the construction phase. The applicant shall submit a preliminary sight distance certification by a registered professional engineer as part of the PFI permit application. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO FINAL INSPECTION OF PUBLIC IMPROVEMENTS PERFORMED: Submit to the Development Engineer (Gus Duenas, 639-4171, ext. 2470): Prior to final inspection of the public improvements, the applicant shall provide the City with as-built drawings of the improvements as follows: 1) 3 mil mylar, 2) a disk of the as-builts in'DWG" format,if available;otherwise"DXF"will be acceptable,and 3) the as-built drawings shall be tied to the City's GPS network. Prior to final inspection the applicant's engineer shall submit a final sight distance certification for the driveway connections to SW 134th Avenue. ENGINEERING COMMENTS CUP2009-00003 134th Ave Adult Care PAGE 11 Gary Pagenstecher From: Brian Rager Sent: Friday, April 02, 2010 8:52 AM To: Gary Pagenstecher Subject: CUP 2009-00003, Wilde Gary, no comments from PW. Brian D. Rager Assistant Public Works Director Public Works Department Direct: 503-718-2471 E-mail: brianr(c�tigard-or.gov Public Works: Taking Care of Our Community DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules"City General Records Retention Schedule." 1 J 11 • 4 a City of Tigard T I G A R D REQUEST FOR COMMENTS DATE: March 19,2010 TO: Mark VanDomelen, Building Official FROM: City of Tigard Planning Division STAFF CONTACT: Gary Pagenstecher,Associate Planner Phone: (503) 718-2434 Fax: (503) 718-2748 Email:garypntigard-or.gov CONDITIONAL USE PERMIT (CUP) 2009-00003/ADJUSTMENT (VAR) 2009-00021 - WILDE RESIDENTIAL CARE FACILITY - PROPOSAL: A request for Conditional Use approval on a 0.17-acre site to expand an existing adult foster care facility in a single-family dwelling to exceed five beds. The project includes adding three beds to the existing five-bed adult foster care facility. A Special Adjustment is also requested for a reduction in the minimum off-street parking requirement from four to three spaces. LOCATION: 12550 SW 134th Avenue;Washington County Tax Assessor's Map 2S104AC,Tax Lot 02700. ZONE: R-25: Medium High-Density Residential District. The R-25 zoning district is designed to accommodate existing housing of all types and new attached single-family and multifamily housing units at a minimum lot size of 1,480 square feet. A limited amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.360, 18.370, 18.390, 18.510, 18.705, 18.725, 18.745, 18.765, 18.780, 18.790, 18.795 and 18.810. 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: FRIDAY APRIL2,2010. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions,contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard,OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. Please refer to the enclosed letter. A/ Written comments provided below: S'Nt p2af rise 0 Li SL 111drAs.0 62g.QusQ&_ A C FAA i.e t F Ck,-L.41-4,Afl / r7— As uJE I i Ag A f e n n,p Q__c ACT'S g i l l ti r...,�) I fc.E c r n-s c t I CM(NgN scA1 , A a.-6 -n/G, A N a SSTE i.0 aM r7-5 . T Ciil.+.,6E 0 UCc.LA Pave Y tilba4_,) Las m Aft, A R- L) QrC.r.f Ansey AND Wou�, at Lk-v_ `L4Jai) LAN p... 774E OQ lc,eeI STa..e StEC SA.L7 CoDE . 774.z.5 C( AL ) Snr✓Or.✓L Mk►Y CODE PLQ4,-ax.htrr5,$Nr wbtu.h gicA2-kc SIN A rOM ATS[ Sr22SAIit L.J2. SYSTEM . Name &Number of Person(s) Commenting: I 1 • - City of Tigard TIGARD REQUEST FOR COMMENTS DATE: March 19.2010 TO: Jim Wolf Tigard Police Department Crime Prevention Officer FROM: City of Tigard Planning Division STAFF CONTACT: Gary Pagenstecher,Associate Planner Phone: (503) 718-2434 Fax: (503) 718-2748 Email:gary-patigard-or.gov CONDITIONAL USE PERMIT (CUP) 2009-00003/ADJUSTMENT (VAR) 2009-00021 - WILDE RESIDENTIAL CARE FACILITY - PROPOSAL: A request for Conditional Use approval on a 0.17-acre site to expand an existing adult foster care facility in a single-family dwelling to exceed five beds. The project includes adding three beds to the existing five-bed adult foster care facility. A Special Adjustment is also requested for a reduction in the minimum off-street parking requirement from four to three spaces. LOCATION: 12550 SW 134th Avenue;Washington County Tax Assessor's Map 2S104AC,Tax Lot 02700. ZONE: R-25: Medium High-Density Residential District. The R-25 zoning district is designed to accommodate existing housing of all types and new attached single-family and multifamily housing units at a minimum lot size of 1,480 square feet. A limited amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.360, 18.370, 18.390, 18.510, 18.705, 18.725, 18.745, 18.765, 18.780, 18.790, 18.795 and 18.810. 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: FRIDAY APRIL2.2010. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions,contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard,OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: I We have reviewed the proposal and have no objections to it. Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below Name &Number of Person(s) Commenting: )�� ��,. � � 1�bt I 1II 111 : City of Tigard T I G A R D REQUEST FOR COMMENTS DA'Z'E: March 19,2010 TO: Todd Prager,City Arborist FROM: City of Tigard Planning Division STAFF CONTACT: Gary Pagenstecher,Associate Planner Phone: (503) 718-2434 Fax: (503) 718-2748 Email:garypatigard-or.gov CONDITIONAL USE PERMIT (CUP) 2009-00003/ADJUSTMENT (VAR) 2009-00021 - WILDE RESIDENTIAL CARE FACILITY - PROPOSAL: A request for Conditional Use approval on a 0.17-acre site to expand an existing adult foster care facility in a single-family dwelling to exceed five beds. The project includes adding three beds to the existing five-bed adult foster care facility. A Special Adjustment is also requested for a reduction in the minimum off-street parking requirement from four to three spaces. LOCATION: 12550 SW 134th Avenue;Washington County Tax Assessor's Map 2S104AC,Tax Lot 02700. ZONE: R-25: Medium High-Density Residential District. The R-25 zoning district is designed to accommodate existing housing of all types and new attached single-family and multifamily housing units at a minimum lot size of 1,480 square feet. A limited amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.360, 18.370, 18.390, 18.510, 18.705, 18.725, 18.745, 18.765, 18.780, 18.790, 18.795 and 18.810. 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: FRIDAY APRIL2,2010. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions,contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard,OR 97223. PL SE 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: Name&Number of Person(s) Commenting: I /// CleanWater Services Our cnIHI ilinciit I, cic:ir. RECEIVED PLANNING MEMORANDUM MAR 31 2010 CITY OF TIGARD Date: March 29, 2010 To: Gary Pagenstecher, Associate Planner, City of Tigard From: Jackie Sue Humphrey Clean Water Services(the District) Subject: Wilde Residential Care Facility, CUP 2009-00003, 2S104ACO2700 Please include the following comments when writing your conditions of approval: PRIOR TO ANY WORK ON THE SITE A Sewer Connection Permit must be obtained from the City of Tigard. The site is currently served by public sanitary and is being billed using the Residential 1 Rate Method that includes the first five bedrooms as 1 DUE. With the proposed addition of three residents, the site will need to be assessed under the Residential II Rate Method. An additional DUE is necessary for every two bedrooms over five. Clean Water Services has no additional concerns or objections to this application request. As submitted, this application request will not require further review or the issuance of a Storm Water Connection Permit Authorization. 2550 SW Hillsboro Highway• Hillsboro, Oregon 97123 Phone: (503)681-3600• Fax: (503)681-3603 •www.CleanWaterServices.org Gary Pagenstecher From: Cousineau, John R [john.cousineau @verizon.com] Sent: Tuesday, March 23, 2010 8:54 AM To: Gary Pagenstecher Subject: Wilde Residential Care Facility (CUP)2009-00003/Adjustment(VAR)209-00021 From the provided discription and views these plans do not appear to inpact Verizon phone structures. DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules"City General Records Retention Schedule." 1 1 TIV114, Tualatin Valley Fire & Rescue April 13, 2010 Gary Pagenstecher, Associate Planner City of Tigard Planning Division 13125 SW Hall Boulevard Tigard, OR 97223 Re: Wilde Residential Care Facility (CUP) 2009-00003 Dear Gary. Thank you for the opportunity to review the proposed site plan surrounding the above named land use proposal. Tualatin Valley Fire & Rescue endorses this proposal. As such, we have no comments or conditions regarding fire apparatus access or firefighting water supplies. If there is anything about this letter you do not understand, disagree with, or wish to discuss further, please call me. Sincerely, Phu J Daffy John K. Dalby, Deputy Fire Marshal II Tualatin Valley Fire & Rescue, North Division 14480 SW Jenkins Road Beaverton, OR 97005-1152 (503) 356-4723 North Division Office 14480 SW Jenkins Road, Beaverton,OR 97005 Phone: 503-356-4700 Fax: 503-644-2214 www.tvfr.com II • I I . City of Tigard TIGARD REQUEST FOR COMMENTS DATE: March 19,2010 TO: PER ATTACHED FROM: City of Tigard Planning Division STAFF CONTACT: Gary Pagenstecher.Associate Planner Phone: (503) 718-2434 Fax: (503) 718-2748 Email:garyp@tigard-or.gov CONDITIONAL USE PERMIT (CUP) 2009-00003/ADJUSTMENT (VAR) 2009-00021 - WILDE RESIDENTIAL CARE FACILITY - PROPOSAL: A request for Conditional Use approval on a 0.17-acre site to expand an existing adult foster care facility in a single-family dwelling to exceed five beds. The project includes adding three beds to the existing five-bed adult foster care facility. A Special Adjustment is also requested for a reduction in the minimum off-street parking requirement from four to three spaces. LOCATION: 12550 SW 134th Avenue;Washington County Tax Assessor's Map 2S104AC,Tax Lot 02700. ZONE: R-25: Medium High-Density Residential District. The R-25 zoning district is designed to accommodate existing housing of all types and new attached single-family and multifamily housing units at a minimum lot size of 1,480 square feet. A limited amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.360, 18.370, 18.390, 18.510, 18.705, 18.725, 18.745, 18.765, 18.780, 18.790, 18.795 and 18.810. 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 YOU COMMENTS BACK BY: FRIDAY APRIL2,2010. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions,contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard,OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: Name & Number of Person(s) Commenting. I I DC rITY OF TIGARD REQUEST FOP COMMENTS 5 IZ,,,G, et , 4 NOTIFIC►. ,N LIST OR LAND USE & COMMUNITY L _LOPMENT APPLICATIONS �p FILE NOS.: G OP ivr ''-Ot9'03 'err-2/ FILE NAME: W(LO CITY OFFICES I _C.D.ADMINISTRATION/Ron Bunch,CD Director X DEVELOPMENT SERVICES/Gus Duenas,Development Engineer PUBLIC WORKS/Brian Rager,Assistant PW Director —C.D.ADMINISTRATION/Susan Hartnett,Asst.CD Director DEVELOPMENT SERVICES/Todd Prager,Assoc.Planner/Arborist _PUBLIC WORKS/Steve Martin,Parks Manager CITY ADMINISTRATION/Cathy Wheatley,City Recorder • BUILDING DIVISION/Mark Vandomelen,Building Official _PUBLIC WORKS/Ted Kyle,City Engineer _DEVELOPMENT SERVICES/Planning-Engineering Techs. POLICE DEPARTMENT/Jim Wolf,Crime Prevention Officer XHEARINGS OFFICER(+2 sets) _LONG RANGE PLANNING/Christine Darnell,Code Compliance Specialist(DCA) PLANNING COMMISSION(+12 sets) X FILE/REFERENCE(+2 sets) SPECIAL DISTRICTS TUAL.HILLS PARK&REC.DIST.* X TUALATIN VALLEY FIRE&RESCUE* _ TUALATIN VALLEY WATER DISTRICT* CLEAN WATER SERVICES+Ir Planning Manager lll North Division Administrative Office Development Services Department 15707 SW Walker Road John K.Dalby,Deputy Fire Marshall 1850 SW 170th Avenue David Schweitzer/SWM Program Beaverton,OR 97006 14480 SW Jenkins Road Beaverton,OR 97006 2550 SW Hillsboro Highway Beaverton,OR 97005-1152 Hillsboro,OR 97123 LOCAL AND STATE JURISDICTIONS 1 CITY OF BEAVERTON * _ CITY OF TUALATIN * _OR.DEPT.OF FISH&WILDLIFE _OR.DIV.OF STATE LANDS _ Planning Manager Planning Manager Devin Simmons,Habitat Biologist Melinda Wood(WLUN Form Required) _ Steven Sparks,Dev.Svcs.Manager 18880 SW Martinazzi Avenue North Willamette Watershed District 775 Summer Street NE,Suite 100 PO Box 4755 Tualatin,OR 97062 18330 NW Sauvie Island Road Salem,OR 97301-1279 Beaverton,OR 97076 Portland,OR 97231 _ OR.PUB.UTILITIES COMM. METRO-LAND USE&PLANNING * OR.DEPT.OF GEO.&MINERAL IND. 550 Capitol Street NE CITY OF DURHAM* 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380 City Manager Portland,OR 97232-2736 Portland,OR 97232 17160 SW Upper Boones Fry.Rd. _ Joanna Mensher,Data Resource Center(zCA) _US ARMY CORPS.OF ENG. Durham,OR 97224 _ Paulette Allen,Growth Management Coordinator _OR.DEPT.OF LAND CONSERV.&DVLP. Kathryn Harris(Map.&cws Letter Only) _ Mel Huie,Greenspaces Coordinator(CPAROA) Mara Ulloa(Comp.Plan Amendments 6 Measure 37) 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 _ O.Gerald Uba,Ph.D.,Planning 6Devlpmnt(CPAJDCARON) King City,OR 97224 WASHINGTON COUNTY _ OR.DEPT.OF ENERGY(Powerlines in Area) _OR.DEPT OF AVIATION(Monopole Towers) Dept.of Land Use&Transp. Bonneville Power Administration Tom Highland,Planning 155 N.First Avenue _ CITY OF LAKE OSWEGO * Routing TTRC–Attn: Renae Ferrera 3040 25th Street,SE Suite 350,MS 13 Planning Director PO Box 3621 Salem,OR 97310 Hillsboro,OR 97124 PO Box 369 Portland,OR 97208-3621 X Naomi Vogel-Beattie(General Apps Lake Oswego,OR 97034 _Planning Division(zcA)MS 14 _ OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 * _Brent Curtis(cPA) _CITY OF PORTLAND (Notify for Wetlands and Potential Environmental Impacts) _Development Review Coordinator _Doria Mateja(zcA)MS 14 Planning Bureau Director Regional Administrator _Carl Torland, Right-of-Way Section(vacations) _Sr.Cartographer(cppazco)NS to 1900 SW 4th Avenue,Suite 4100 2020 SW Fourth Avenue,Suite 400 123 NW Flanders _Jim Nims,Surveyor(zCA)NS 15 Portland,OR 97201 Portland,OR 97201-4987 Portland,OR 97209-4037 _OR.PARKS&REC.DEPT. _WA.CO.CONSOL.COMM.AGNCY _ODOT,REGION 1 -DISTRICT 2A* _ODOT,RAIL DIVISION STATE HISTORIC Dave Austin(wcccA)°911°(Monopole Tower,) Chad Gordon,Assistant District Manager (Notify if ODOT R/R-Hwy.Crossing is Only Access to Land) PRESERVATION OFFICE PO Box 6375 6000 SW Raab Road Dave Lanning,sr Crossing Safety Specialist (Notify if Properly Has HD Overlay) Beaverton,OR 97007-0375 Portland,OR 97221 555-13th Street,NE,Suite 3 725 Sumner Street NE,Suite C Salem,OR 97301-4179 Salem,OR 97301 UTILITY PROVIDERS AND SPECIAL AGENCIES 5 _PORTLAND WESTERN R/R,BURLINGTON NORTHERN/SANTA FE RJR,OREGON ELECTRIC R/R(Burlington Northern/Santa Fe R/R Predecessor) Bruce Carswell,President&General Manager 1200 Howard Drive SE Albany,OR 97322-3336 _SOUTHERN PACIFIC TRANS.CO.R/R _METRO AREA COMMUNICATIONS _COMCAST CABLE CORP. /X TRI-MET TRANSIT DVLPMT. Clifford C.Cabe,Construction Engineer Debra Palmer(Annexations Only) Gerald Backhaus(See map for Area Cow.) (If Project isWiNin'Mile ofa 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 ZNW NATURAL GAS COMPANY ,�VERIZON _QWEST COMMUNICATIONS /—Mike Hieb Svc.Design Consultant Scott Palmer,Engineering Coord. John Cousineau,OSP Network Lynn Smith,Eng.ROW Mgr. 9480 SW Boeckman Road 220 NW Second Avenue 4155 SW Cedar Hills Blvd. 8021 SW Capitol Hill Rd,Rm 110 Wilsonville,OR 97070 Portland,OR 97209-3991 $eaverton,OR 97005 Portland,OR 97219 TIGARD/TUALATIN SCHOOL DIST.#23J_BEAVERTON SCHOOL DIST.#48 COMCAST CABLE CORP. _COMCAST CABLE COMMUNIC. Teri Brady,Administrative Offices Jennifer Garland,Demographics Alex Silantiev isee Mapfo,Areacentaa) Brian Every iuee,E.ofeechola9wi 6960 SW Sandburg Street 16550 SW Merlo Road 9605 SW Nimbus Avenue,Bldg. 12 10831 SW Cascade Avenue Tigard,OR 97223-8039 Beaverton,OR 97006-5152 Beaverton,OR 97008 Tigard,OR 97223-4203 * INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN 500'OF THE SUBJECT PROPERTY FOR ANY/ALL CITY PROJECTS (Project Planner Is Responsible For Indicating Parties To Notify). is\CURPLN\Masters\Request For Comments Notification List.doc (UPDATED: 20-Jan-10) (Also update.is\curpin\setup\labels\annexations\annexation_utitities and franchises.doc,mailing labels&auto text when updating this documel MAILING / NOTIFICATION RECORDS • AFFIDAVIT OF MAILING T 1 GARD I,Patricia L. Lunsford,being first duly sworn/affirm,on oath depose and say that I am a Planning Assistant for the City of Tigard, Washington County,Oregon and that I served the following: © NOTICE OF FINAL ORDER FOR CUP2009-00003/VAR2009-00021 - WILDE RESIDENTIAL CARE FACILITY (File No/Name Reference) ❑ AMENDED NOTICE HEARING BODY: HEARING DATE: ❑ City of Tigard Planning Director ® Tigard Hearings Officer (5/10/2010) ❑ 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 May21,2010,and deposited in the Unit-. States Mail on May21,2010,postage prepaid. .1 (14 (Person that ' -pare. • e STATE OF OREGON County of Washington ss. City of Tigard 44' Subscribed and sworn/affirmed before me on the O day of PALI ,2010. OFFICIAL SEAL � SHIRLEY L TREAT g �• NOT COMMISARY PU�.iON BLIC N0.-OREGON 418777 NOTARY P C OF OREGON t . 1 f)) MY COMMISSION EXPIRES APRIL 25,2011 My Commission Expires: 4 l�/ U 120 DAYS: 7/8/2010 DATE OF FILING: 5/21/20_ DATE MAILED: 5/21/2010 ,. EXHIBIT �. _ CITY OF TIGARD A. Washington County, Oregon NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER Case Numbers: CONDITIONAL USE PERMIT (CUP) 2009-00003 ADJUSTMENT (VAR) 2009-00021 Case Name: WILDE RESIDENTIAL CARE FACILITY Applicant's Name/Address: Harris McMonagle Associates,Inc. 8740 SW Scoffins Street Tigard, OR 97223 Owner's Name/Address: Danielle Wilde 12550 SW 134th Avenue Tigard, OR 97224 Address of Property: 12550 SW 134` Avenue Tigard, OR 97224 Tax Map/Lot Nos.: Washington Co. Tax Assessor's Map No. 2S104AC,Tax Lot 02700. A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS APPROVING A REQUEST FOR A CONDITIONAL USE AND DENYING A REQUEST FOR A PARKING ADJUSTMENT. THE CITY OF TIGARD HEARINGS OFFICER HAS REVIEWED THE APPLICANT'S PLANS, NARRATIVE, MATERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISIONS STAFF REPORT AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE HEARINGS OFFICER HELD A PUBLIC HEARING ON MAY 10, 2010 TO RECEIVE TESTIMONY REGARDING THIS APPLICATION. THIS DECISION HAS BEEN BASED ON THE FACTS,FINDINGS AND CONCLUSIONS CONTAINED WITHIN THIS FINAL ORDER Request: > The applicant requests Conditional Use approval to expand an Adult Foster Care facility in an existing single-family dwelling from five to eight beds. The subject site is 0.17-acre. The project includes indoor improvements to accommodate eight beds and outdoor improvements to accommodate an additional parking space. A Special Adjustment for reduction in the minimum parking requirement from four to three spaces is also requested. At the May 10, 2010 public hearing, the Hearings Officer held the record open for one week, then approved the Conditional Use, subject to conditions of approval; and denied the request for an Adjustment to the parking standards. Zone: R-25: Medium High-Density Residential District. Applicable Review Criteria: Community Development Code Chapters 18.330, 18.360, 18.370, 18.390, 18.510, 18.705, 18.725, 18.745, 18.765, 18.780, 18.790, 18.795 and 18.810. Action: > ❑ Approval as Requested © Partial Approval and Partial Denial Notice: Notice was published in the newspaper and mailed to: © Owners of Record within the Required Distance © Affected Government Agencies © Interested Parties © 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 Permit Center at City Hall. Final Decision: THIS DECISION IS FINAL ON MAY 21, 2010 AND BECOMES EFFECTIVE ON JUNE 8, 2010 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 JUNE 7, 2010. ii 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 Steve Bloomquist for a ) FINAL ORDER conditional use permit and special adjustment to operate ) CUP2009-00003/ a Residential Care Facility in an existing residence ) VAR2009-00021 at 12550 SW 134th Avenue in the City of Tigard, Oregon ) (Wilde Care Facility) A. SUMMARY 1. Steve Bloomquist filed the application on behalf of Danielle Wilde (the "applicant"). The applicant currently operates a five-bed Adult Foster Care Facility at 12550 SW 134th Avenue; also known as tax lot 02700 WCTM 2S104AC(the"site"). With this application, the applicant requests approval of a conditional use permit to expand the facility to an eight bed Residential Care Facility. The applicant also requests an adjustment to reduce the number of required on-site parking spaces from four to three. Additional basic facts about the site and surrounding land and applicable approval standards are provided in the Staff Report to the Hearings Officer dated April 30, 2010 (the " Staff Report"), incorporated herein by reference. 2. Tigard Hearings Officer Joe Turner(the "hearings officer") conducted a duly noticed public hearing to receive testimony and evidence in the matter. At the public hearing, City staff recommended conditional approval of the application. Representatives of the applicant testified in support of the application. Two persons testified in opposition to the application. Disputed issue in this case include: a. Whether the proposed Residential Care Facility is allowed in the R-25 zone; b. Whether"The site size and dimensions provide adequate area for the needs of the proposed use." TMC 18.330.030.A.1; c. Whether the proposed facility will impact adjacent properties due to increased traffic volume,parking demand, reducing the safety of the neighborhood and requests for assistance from neighbors; d. Whether the proposed facility will impact the value of surrounding properties and whether such impacts are relevant to the applicable approval criteria: e. Whether the hearings officer has authority to impose conditions of approval limiting the scope, scale and operation of the facility; f. Whether future owners of the facility will be bound by the conditions of approval; CUP2009-00003/VAR2009-00021 Hearings Officer Final Order (Wilde Residential Care Facility) Page 1 of 18 g. Whether and how the City will enforce compliance with the conditions of approval; h. Whether the facility can comply with the minimum parking requirements of TDC Table 18.765.2; and i. Whether the applicant sustained the burden of proof that the proposed adjustment to the minimum parking requirements complies with the applicable approval criteria. 3. The hearings officer concludes that: a. The applicant failed to sustain the burden of proof that the proposed adjustment to the minimum parking requirements complies with the applicable approval criteria in Tigard Development Code ("TDC") 18.370.020.C.7.a,because the applicant did not submit a parking study prepared by a traffic consultant or parking data from comparable sites demonstrating compliance with the criteria listed in TDC 18.370.020.C.7.a(1) and (2); and b. The applicant sustained the burden of proof that the proposed conditional use permit does or will comply with the applicable criteria of the Community Development Code, based on the findings and conclusions included and incorporated herein and subject to conditions at the end of this final order. B. HEARING AND RECORD 1. The hearings officer held a duly noticed public hearing on May 10, 2010 to receive and consider public testimony in this matter. The record includes a witness list, materials in the casefile as of the close of the record, including materials submitted after 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 selected relevant testimony offered at the hearing. 2. City planner Gary Pagenstecher summarized the Staff Report. a. He noted that the applicant proposed to limit the use to the residential care of persons over 62 years of age in order to address concerns expressed by neighboring residents. He agreed that a condition of approval is warranted to reflect the applicant's intent. He noted that TDC 18.330.030.B authorizes the hearings officer to impose conditions of approval "[w]hich are found necessary to ensure the use is compatible with other use in the vicinity, and that the impact of the proposed use on the surrounding uses and public facilities is minimized." The hearings officer can impose conditions of approval limiting the scope of the use to what is proposed by the applicant or to further restrict the use as necessary to limit its impact on the surrounding area. CUP2009-00003/VAR2009-00021 Hearings Officer Final Order (Wilde Residential Care Facility) Page 2 of 18 b. He noted that the Code requires a minimum 3.2 off-street parking spaces to serve the proposed 8-bed facility. TDC 18.765.070.0 requires that"Fractional space requirements shall be counted as a whole space."Therefore 3.2 spaces must be rounded up to 4 spaces. The applicant requested an adjustment to reduce the required parking to three off-street parking spaces. He recommended the hearings officer approve the adjustment. Three off-street parking spaces are adequate to serve the parking needs of the proposed use. Parking demand is limited to facility staff, visitors and emergency and delivery vehicles. The facility residents do not drive. Additional on-street parking is available along the site's 134th Avenue frontage. The site has 136 feet of frontage on 134th Avenue. Subtracting the proposed 30-foot driveway leaves 106 feet of frontage for on-street vehicle parking, or five 18-foot parking spaces. c. He noted that the applicant originally proposed to dedicate an additional two feet of right of way along the site's 134th Avenue frontage to bring the site into compliance with current City standards. However the proposed right of way dedication would reduce the setback for the existing structure to less than the minimum requirements of the R-25 zone. Therefore the applicant proposed to grant a two-foot wide easement along the site's 134th Avenue frontage rather then dedicating right of way. Granting an easement would not affect the setbacks to the existing structure. He requested the hearings officer modify recommended condition of approval 1 to that effect as set out in his May 10, 2010 memorandum(Exhibit 1). d. He agreed that a condition of approval is warranted requiring that the applicant obtain a change of occupancy permit for the existing structure prior final approval of the site permit improvements. e. He noted that state law regulates the staffing requirements and other operational issues of the proposed Residential Care Facility. 3. City development engineer Gus Duenas agreed with the applicant's proposal to grant an easement along the site's 134h Street frontage. An easement will ensure that the area within the easement is preserved for future street improvements without affecting the setbacks of the existing structure on the site. He agreed with the applicant's request to change the word"dedicate"to "grant" in revised condition of approval 1. a. He testified that the existing pavement on 134th Avenue abutting the site is wider than the current street standard requires. The existing street appears to have a 36- foot paved section with curb-tight sidewalks within a 50-foot right of way. The current Street Standards require a 32-foot paved section and sidewalks separated from the roadway by a five-foot planter strip within a 54-foot right of way. The current 32-foot paved section standard allows for two-way traffic and on-street parking on both sides of the street. Therefore the existing 36-foot paved section can easily accommodate two-way traffic and on-street parking. b. He noted that on-street parking is available for use by the general public. It is not reserved for the use of the abutting property owners. CUP2009-00003/VAR2009-00021 Hearings Officer Final Order (Wilde Residential Care Facility) Page 3 of 18 4. Attorney Andrew Stamp and Planner Steve Bloomquist testified for the applicant. a. Mr. Stamp noted that the site and surrounding properties were developed under a prior street standard that required a minimum 25-foot right of way. The City's current standard requires a 27-foot right of way. Therefore the applicant originally proposed to dedicate two feet of additional right of way to bring the site into compliance with the current City standard. However such a dedication would make the existing structure on the site nonconforming with respect to setback requirements. Therefore the applicant proposed to grant an easement instead of dedicating right of way. The easement will provide adequate area for future street improvements while maintaining compliance with the setback requirements of the R-25 zone. He agreed with revised condition of approval 1 recommended by Staff in Exhibit 1. However he requested the hearings officer change the word"dedicate"to "grant." i. He argued that Mr. Roth's concerns about property values are not relevant to the applicable approval criteria. ii. He noted that the proposed Residential Care Facility is allowed as a conditional use in the R-25 zone. Therefore the City Council has determined that this type of facility is compatible with residential uses. Mr. Moiso's argument that Residential Care Facilities are not allowed in residential zones constitutes a collateral attack on the City's zoning ordinance. iii. He noted that the applicant proposed to expand the facility to serve a maximum eight elderly residents. That limitation is binding on the applicant and any future owners of the site. They cannot alter or expand the use on the site without further City approval. In addition, the existing building cannot accommodate additional residents, based on the space requirements imposed by state law. He agreed to a condition of approval limiting the use to a maximum of eight residents,not including staff. iv. He testified that a decision approving a CUP is both an authorization of a particular use and a limitation of the scope of the use. The Code provides the hearings officer a broad grant of authority to impose conditions necessary to ensure that the use is compatible with the neighborhood. Once the 21-day appeal period expires, any conditions of approval imposed by the City are binding on future owners of the site, even though the City's decision is not included in the deed record for the property. Potential buyers have a duty to contact the City to identify any limitations on the use of the property prior to purchase. A future owner could request a modification of the CUP to change the size or scope of the use. However such a modification would require additional City review through a public process. The proponent of the modification would have to demonstrate that the modification continues to comply with all applicable approval criteria. CUP2009-00003/VAR2009-00021 Hearings Officer Final Order (Wilde Residential Care Facility) Page 4 of 18 v. He argued that any increase in traffic and parking demand generated by the proposed expansion will be de minimis. Parking demand generated by visitors, deliveries and offsite health care providers is generally short term and will have little impact on the neighborhood. On-street parking is available to the general public. He noted that several neighbors submitted letters in support of the application, stating that the current use has little or no impact on the neighborhood. vi. He noted that the facility will only serve elderly residents who are unlikely to disturb the neighborhood. The applicant requested assistance from the neighbors on one occasion. However such assistance is not a routine practice. The applicant can call other staff persons or 911 if assistance is necessary. vii. He noted that zoning enforcement is generally a complaint driven process. The City relies on citizen complaints to identify violations. However, once a violation has been identified,the City will enforce the laws, including compliance with any conditions of land use approval. The fact that the applicant is requesting City approval of the proposed expansion indicates her willingness to comply with the law. b. Mr. Bloomquist summarized the proposed use and his PowerPoint document, Exhibit 2. He accepted the findings and conditions in the Staff Report, as modified at the hearing, including a condition limiting the use to residential care of persons over 62 years of age, a condition requiring that the applicant obtain a change of occupancy permit and revised condition 1 as set out in Exhibit 1 and modified by Mr. Stamp's testimony. 5. Area resident Michael Moiso testified in opposition to the application. He argued that the proposal to change from an Adult Foster Care Facility to a Residential Care Facility is a"huge" change. The existing facility is "already bursting at the seams." a. He argued that this application violates the legislative intent of the state statute regulating adult care facilities. Adult Foster Care Facilities, which are limited to a maximum five residents, are intended to be located in residential neighborhoods. Residential Care Facilities, which have no limit on the number of residents, are not intended to be located in residential areas. They are intended to be located in commercial areas. If the facility is approved as a Residential Care Facility, the applicant or a future owner could continue to expand the facility, adding additional beds and increasing the impacts of the facility on the neighborhood. The hearings officer has no authority to impose a condition of approval limiting the number of beds. b. He argued that the hearings officer has no authority to impose a condition of approval limiting the use to the care of elderly persons over 62 years of age as proposed by the applicant. A future owner of the facility could file a lawsuit to eliminate the condition and use the facility for other types of care. Even if the condition is valid, the applicant or a future owner may ignore the condition and alter the facility to provide other types of care. The City will not inspect the facility in order to ensure continued compliance with the conditions of approval unless it receives a complaint from CUP2009-00003/VAR2009-00021 Hearings Officer Final Order (Wilde Residential Care Facility) Page 5 of 18 neighboring residents. The City is shifting the burden of policing the operation of the use onto neighboring residents. c. He testified that the existing use generates a significant demand for vehicle parking. The applicant, her boyfriend and at least one caretaker are almost always on site. Visitors, deliveries, doctors and ambulances generate additional traffic and parking demand. The proposed expansion will generate additional traffic, further increasing the parking demands of the facility. The applicant's use "consumes more than her share" of the available on-street parking in the neighborhood. He disputed Mr. Pagenstecher's conclusion that there is sufficient area to park five vehicles along the site's 134th Avenue frontage. Vehicles would have to be parked bumper to bumper to fit five cars into 106 feet of frontage. The applicant, her boyfriend and her staff person usually park in the site driveway, consuming all of the on-site parking. Visitors, health care providers and delivery vehicles must park on the street. The additional traffic and parking demand will affect the safety of neighborhood residents and the quiet enjoyment of their properties. d. He noted that the applicant does not live on the site. She relies on employees to care for the residents when she is away from the site. These unknown persons could potentially pose a threat to the safety of the neighborhood. The applicant may not conduct complete background checks on her employees. Protection of the public health, safety and welfare is an applicable approval criterion. e. He testified that the applicant and her employees have requested help from neighbors when residents have fallen out of bed or out of their wheelchairs. Although the applicant only requested help on one occasion, her staff have requested his help on other occasions. Increasing the number of residents on the site will increase the need for such assistance. f. He argued that streets within the neighborhood, which are not constructed to current standards, are two narrow to accommodate the volume of traffic generated by a Residential Care Facility. On-street parking limits traffic to a single through lane. He disputed Mr. Stamp's testimony that the facility will have a de minimis traffic impact. Mr. Stamp has no experience with the existing facility and has never visited the site. g. He argued that the proposed Residential Care Facility is not compatible with other residential uses in the area. The applicant is asking the hearings officer to exceed his authority by approving the proposed use. h. He argued that the applicant must offer some compelling reason to justify approval of the facility and its impacts on the neighborhood. i. He noted that the neighbor comment letters cited by Mr. Stamp were written by the applicant and submitted to neighbors for their signatures. In addition, the letters only address the impacts of the current facility,not the proposed expansion. CUP2009-00003/VAR2009-00021 Hearings Officer Final Order (Wilde Residential Care Facility) Page 6 of 18 • 6. Area resident Scott Roth agreed with Mr. Moiso's testimony. He also expressed concerns that the proposed use will impact the value of other properties in the area. 7. The applicant, Danielle Wilde,testified that she asked Mr. Moiso for assistance on one occasion, when a resident fell out of bed. She no longer needs such assistance. There are always two staff people on site at night. She has a patient hoist to lift residents into their beds or wheelchairs. She can call her boyfriend or 911 if additional assistance is needed. a. She argued that the use does not generate a significant amount of vehicular traffic. She and her staff work three or four 24-hour shifts in a row. They park in the site driveway and do not travel back and forth to the site every day. The proposed expansion will not require any additional employees. The residents of the facility all require a high level of care, which makes them unable to drive. Family visits average one visit per week and usually last between 20 minutes and one hour. One resident has a visiting nurse who stays for one hour once a week. She receives deliveries once a month and occasional UPS deliveries, similar to a residential use. b. She testified that the existing building cannot accommodate more than eight residents. She cannot add a second story to the building because the residents cannot accommodate stairs and there is no room to add an elevator. 8. Michael DeShane testified that he owns and operates a number of assisted living facilities in the area. Almost all of his facilities are located in residential neighborhoods pursuant to CUP approvals. He argued that state laws imposes far more restrictions on the proposed Residential Care Facility than it does on the existing Adult Foster Care Facility. Prior to 1990 Adult Foster Care Facilities were not subject to any regulations. Residential Care Facilities have always been regulated by the state. However state law does not regulate the location of such facilities. 9. At the end of the hearing, the hearings officer held the record open for one week as required by ORS 197.763(6)(e) to allow the applicant to submit a final written argument. The record in this case closed at 5:00 p.m. on Monday, May 17, 2010. a. Mr. Stamp submitted a written final argument on May 17, 2010, Exhibit 3. C. DISCUSSION 1. The Staff Report identifies the applicable approval criteria for the application and applies them to the record in the case. The hearings officer agrees that the standards identified in the Staff Report are applicable and finds that they are correctly applied to the facts of the case in the Staff Report. Substantial evidence in the record shows that the proposed use does or can comply with the applicable approval criteria for a CUP, and CUP2009-00003/VAR2009-00021 Hearings Officer Final Order (Wilde Residential Care Facility) Page 7 of 18 adoption of recommended conditions of approval as amended will ensure final plans are submitted and implemented as approved consistent with those criteria and standards and will prevent, reduce or mitigate potential adverse impacts of the development consistent with the requirements of the TDC. The hearings officer adopts the findings and conclusions in the Staff Report as his own except to the extent they are inconsistent with the findings and discussion in this final order. 2. The hearings officer finds that there is no support in the record for Mr. Moiso's assertion that this application for approval of a Residential Care Facility in the R-25 zone violates the legislative intent of either the state statute legislature or the City Council. To the contrary, the proposed use is expressly allowed as a conditional use in the R-25 zone. a. The proposed Residential Care Facility qualifies as a"group living" facility as defined by TDC 18.130.020.A.2: Group Living: Living facilities for groups of unrelated individuals which includes at least one person residing on the site who is responsible for supervising, managing, monitoring and/or providing care, training or treatment of residents. Larger group living facilities may also be characterized by shared facilities for eating,hygiene and/or recreation. Examples include nursing/convalescent homes, residential care/treatment facilities; sororities/fraternities and convents/monasteries. Tenancy is longer than one month. Does not include detention and post-detention facilities (see 18.130.020 E.3.,Detention Facilities). [Emphasis added] Group living facilities for up to five people are "permitted by right" in all residential zones. Group living facilities with six or more residents are permitted as a conditional use in all residential zones. See TDC 18.510.1.1 b. This is generally consistent with state law, which requires that residential care facilities be allowed in residential zones. ORS 197.663(4)provides "To meet the growing need for residential homes and residential facilities, it is the policy of this state that residential homes and residential facilities shall be considered a residential use of property for zoning purposes." (Emphasis added). ORS 197.667 provides that"(1) A residential facility shall be a permitted use in any zone where multifamily residential uses are a permitted use [and] (2)A residential facility shall be a conditional use in any zone where multifamily residential uses are a conditional use."As the applicant noted at TDC 18.120.030.A.7 defines"conditional use"as: A use which may be permitted by the approval authority following a public hearing,upon findings by the authority that the approval criteria have been met or will be met upon satisfaction of conditions of approval. CUP2009-00003/VAR2009-00021 Hearings Officer Final Order (Wilde Residential Care Facility) Page 8 of 18 p 5 of Exhibit 5, the City may be exceeding its authority by requiring a conditional use permit for residential care facilities in the R-25 zone,where multifamily residential uses are a permitted use. See TDC Table 18.510.1. c. The hearings officer notes that the description of the proposal in the Staff Report is inaccurate. The Staff Report states that"the applicant requests Conditional Use Approval to expand an Adult Foster Care Facility from five to eight beds."p 1 of the Staff Report. However Adult Foster Care Facilities are, by definition, limited to a maximum five residents. See OAR 411-050-0408(1). The applicant is currently operating an Adult Foster Care Facility as a permitted use on the site. With this application, the applicant requests Conditional Use Approval to operate a Residential Care Facility on the site, which can accommodate six or more residents. See OAR 411- 054-0005(47). i. The hearings officer finds that this erroneous description of the proposal did not cause significant confusion or prejudice the rights of the public to participate in the review process. The application narrative and application forms clearly state that the applicant is requesting approval of a conditional use permit to operate a Residential Care Facility for up to 8 residents. All of the participants in the hearing clearly understood the scope of the proposed application and the distinction between the existing Adult Foster Care Facility and the proposed Residential Care Facility. 3. The hearings officer finds that the proposed use does or can comply with the approval criteria for a conditional use permit as set out in TMC 18.330.030.A. a. "The site size and dimensions provide adequate area for the needs of the proposed use." TMC 18.330.030.A.1. i. The 0.17-acre site is currently developed with a 2,675-square foot, 5-bedroom, single-family residential structure. The applicant proposes to operate the use inside the existing structure, without any changes to the structure's size or footprint. State law allows up to two residents per bedroom. OAR 411-054-0200(4). Therefore the existing five bedrooms are adequate to accommodate the eight residents proposed in this application. ii. The hearings officer finds that the site is large enough to accommodate the additional parking needed to serve the use,based on the discussion below. iii. The applicant revised the application to replace the right of way dedication along the site's 134th Avenue frontage with an easement. Setbacks are measured from the property line, not the easement. TDC 18.120.030.A.130. Therefore the existing structure will continue to comply with the setback requirements of the R-25 zone. CUP2009-00003/VAR2009-00021 Hearings Officer Final Order (Wilde Residential Care Facility) Page 9 of 18 b. "The impacts of the proposed use of the site can be accommodated considering size, shape, location, topography, and natural features." TMC 18.330.030.A.2. As noted above, the use will primarily be conducted within the existing residential structure on the site. Therefore the majority of impacts will also be confined within the structure. The primary offsite impacts identified in the record are increased vehicular traffic and parking demands. i. The proposed expansion will increase the capacity of the facility by three residents. The residents of the facility will not generate additional traffic, because they are unable to drive due to their need for care. The applicant testified that the proposed expansion will not require additional staff. Therefore the traffic impacts of the proposed expansion are limited to increased trips by visitors,health care providers and delivery vehicles. There is no evidence that these additional trips, combined with traffic generated by the existing facility and residential uses in the neighborhood, will exceed the capacity of area streets or create a hazard. SW 134`h Avenue abutting the site is designated a"local residential street,"which is designed to carry a maximum 1,500 vehicles per day("VPD"). See TDC Figure 18.810.4.A. Based on the assessor's maps, there are roughly 30 existing homes with frontage on SW 133rd/134th Avenue. According to the Institute of Traffic Engineers Trip Generation Manual (the "ITE Manual"), single- family homes generate an average 10 vehicle trips per residence per day. Therefore the 30 homes on this street will generate a maximum 300 VPD, well below the 1,500 VPD this street is designed to carry. The existing 36-foot paved section of 134th Avenue exceeds the current standard for local residential streets and is more than adequate to accommodate two-way traffic with on-street parking on both sides of the street.' ii. The applicant proposed to provide three off-street parking spaces on the site. These parking spaces will accommodate the parking needs of the facility staff(the applicant and her employees, including her boyfriend), based on the applicant's unrebutted testimony. Visitors, health care providers and delivery vehicles can utilize on-street parking near the site. SW 134th Avenue is a public street with on- street parking permitted on a first-come, first served basis. On-street parking is not reserved for abutting residents and their guests. Excessive use of on street parking by vehicles associated with the facility could conflict with existing residential uses. However the minor increase in the capacity of the facility is unlikely to cause such excessive impacts. Based on the applicant's unrebutted testimony, the majority of visitor, delivery and health care provider visits are infrequent and relatively short term. There is no substantial evidence to the contrary. 2 The current City standard for local residential streets requires a minimum 32-foot paved section,which is adequate to accommodate two-way traffic with vehicles parked on both sides. See TDC Figure 18.810.4.A. CUP2009-00003/VAR2009-00021 Hearings Officer Final Order (Wilde Residential Care Facility) Page 10 of 18 iii. The proposed Residential Care Facility will attract additional people to the immediate area(facility residents, facility staff,health care providers, visitors, etc), which may lead to an incremental increase the amount of litter, vandalism, and illegal activities. However the hearings officer finds that there is no substantial evidence in the record that these persons are any more or less likely to engage in nuisance or illegal activities than other people or that such effects will result from the operation of the facility. iv. Even if the proposed use will have an adverse impact on property value --- and there is no substantial evidence to that effect in the record--- protection of property value is not expressly relevant to the applicable State or City standards. The hearings officer must base the decision on the laws of the City of Tigard and the State of Oregon. v. Mr. Moiso testified that the applicant and her staff have called on neighboring residents for assistance with moving residents in the past. Such requests for assistance could arguably constitute an adverse impact on neighboring residents. In addition, the hearings officer opines that such requests may be inappropriate and unsafe. Assistance from neighbors may violate the staffing requirements imposed by state law, as neighboring residents may not have the necessary training in moving patients. Such assistance may expose the applicant and the neighbors to liability for injuries that may occur. However, based on the plain meaning of the words in the law, the past behavior of the applicant is not relevant to the applicable approval standards for a home occupation permit in the TDC.3 The past behavior of the applicant and her staff does not show that the applicant cannot or will not operate the facility in a manner that complies with the TDC. The applicant has not proposed to rely on neighbors' assistance in the operation of the proposed facility. Adequate alternatives are available, including on-call help from the applicant and her staff, use of the applicant's patient hoist and/or emergency assistance through the 911 system. There is no need for the applicant to rely on assistance from neighbors. vi. There is no substantial evidence that the proposed facility is likely to generate excessive noise or other adverse offsite impacts. Mr. Moiso and Mr. Roth failed to identify any additional impacts at the hearing. Other neighbors stated that the existing Adult Foster Care facility does not generate any impacts on the neighborhood. See the comment letters submitted with the application. 3 ORS 227.173(1) provides as follows: Approval or denial of a discretionary permit application shall be based on standards and criteria, which shall be set forth in the development ordinance and which shall relate approval or denial of a discretionary permit application to the development ordinance and to the comprehensive plan for the area in which the development would occur and to the development ordinance and comprehensive plan for the city as a whole CUP2009-00003/VAR2009-00021 Hearings Officer Final Order (Wilde Residential Care Facility) Page 11 of 18 (A) Mr. Moiso testified that many of the letters were written by the applicant and submitted to neighbors for signature. However the neighbors did sign the letters, indicating agreement with the statements in the letters. In addition, many of the letters are handwritten by the individual neighbors. (B)Mr. Moiso is correct that the neighbors' testimony is based on their observations of the existing Adult Foster Care facility. However the proposed Residential Care Facility will operate in substantially the same manner. Approval of this application will only add three residents to the site. Therefore the hearings officer finds that approval of this application will not cause significant changes in the facilities impacts. c. The hearings officer finds,based on the findings in the Staff Report, that all required public facilities have adequate capacity to serve the proposal. Therefore the application complies with TMC 18.330.030.A.3. d. Several persons argued that the facility should not be located in a residential zone. However, as discussed above, group living facilities, including residential care facilities, are permitted as a conditional use in the R-25 zone. TDC Table 18.510.1 Therefore the hearings officer finds that the proposed use is complies with the applicable requirements of the zoning district and the application complies with TMC 18.330.030.A.4. e. The hearings officer finds that the facility does or can comply with the additional development standards for group living facilities listed in TDC 18.330.050.B.15. i. Based on the assessor's map in the record, the site contains 7,209 square feet, which exceeds the minimum 5,000 square foot lot size requirement of TDC 18.330.050.B.15.a. ii. As noted above, the applicant revised the application to replace the right of way dedication along the site's 134th Avenue frontage with an easement. Therefore the existing structure will continue to comply with the setback requirements of the R-25 zone and with TDC 18.330.050.B.15.b. iii. The existing 1.5-story structure complies with the maximum 45-foot building height limit of the R-25 zone, as listed in TDC Table 18.510.2. No changes are proposed to the building height. Therefore the application complies with TDC 18.330.050.B.105.c. iv. The applicant has applied to the State Department of Human Services for a license to operate a Residential Care Facility. The applicant should be required to obtain the license prior to accepting any additional residents beyond the maximum five residents permitted under the applicant's existing Adult Foster Care CUP2009-00003/VAR2009-00021 Hearings Officer Final Order (Wilde Residential Care Facility) Page 12 of 18 Facility license. A condition of approval is warranted to that effect to ensure compliance with TDC 18.330.050.B.15.d. v. The proposed facility can and will comply with the off-street parking requirements of Chapter 18.765 based on the findings below. Therefore the application complies with TDC 18.330.050.B.15.e. f. The hearings officer finds, based on the findings in the Staff Report, that the proposal is or can be consistent with the supplementary requirements set forth in other chapters of the code including but not limited to Chapter 18.780, Signs, and Chapter 18.360, Site Development Review. TMC 18.330.030.A.6. Conditions of approval are recommended to ensure such compliance occurs in fact. 4. Contrary to Mr. Moiso's assertion, the Code does not require that the applicant identify some "compelling reason" for approval of the application. If the application complies with the applicable approval criteria it must be approved. In addition,the state legislature identified a number of"compelling reasons" for approval of Residential Care Facilities in residential areas. See ORS 197.663,which provides: (1) It is the policy of this state that persons with disabilities and elderly persons are entitled to live as normally as possible within communities and should not be excluded from communities because their disability or age requires them to live in groups; (2) There is a growing need for residential homes and residential facilities to provide quality care and protection for persons with disabilities and elderly persons and to prevent inappropriate placement of such persons in state institutions and nursing homes; (3) It is often difficult to site and establish residential homes and residential facilities in the communities of this state; (4) To meet the growing need for residential homes and residential facilities, it is the policy of this state that residential homes and residential facilities shall be considered a residential use of property for zoning purposes; and (5) It is the policy of this state to integrate residential facilities into the communities of this state. The objective of integration cannot be accomplished if residential facilities are concentrated in any one area. CUP2009-00003/VAR2009-00021 Hearings Officer Final Order (Wilde Residential Care Facility) Page 13 of 18 5. TDC 18.330.030.B grants the hearings officer broad authority to impose conditions of approval as necessary to"[e]nsure the use is compatible with other use in the vicinity, and that the impact of the proposed use on the surrounding uses and public facilities is minimized."4 Those conditions are binding on the applicant and future owners of the site. Absent a timely appeal of this decision, the conditions of approval can only be modified or eliminated through an application for a new or modified conditional use permit, which would be subject to the same review procedures and approval requirements as this application. 6. The hearings officer finds that conditions of approval are warranted to limit the scope of the use consistent with the applicant's proposal; i.e., by limiting the facility to a maximum 8 residents who must be over the age of 62 and require assistance with "activities of daily living" as defined by OAR 411-054-0005(4). Such conditions are necessary to reflect the applicant's proposal and to ensure that the use remains compatible with other use in the vicinity. 7. As LUBA noted, suggestions that conditions attached to a land use decision may be violated are speculative, and are not grounds for denial of the application. Canfield v. Lane County, 16 Or LUBA 951 (1988). The City will monitor and enforce TDC 18.330.030.B provides: Conditions of approval. The Hearings Officer may impose conditions on the approval of a conditional use,which are found necessary to ensure the use is compatible with other use 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: 1. Limiting the hours,days,place and/or manner of operation; 2. Requiring design features which minimize environmental impacts such as noise,vibration,air pollution,glare,odor and/or dust; 3. Requiring additional setback areas,lot area,and/or lot depth or width; 4. Limiting the building height,size or lot coverage,and/or location on the site; 5. Designating the size,number,location and/or design of vehicle access points; 6. Requiring street right-of-way to be dedicated and street(s)to be improved; 7. Requiring landscaping,screening,drainage and/or surfacing of parking and loading areas; 8. Limiting the number,size,location,height and/or lighting of signs; 9.Limiting or setting standards for the location and/or intensity of outdoor lighting; 10. Requiring berms,screening or landscaping and the establishment of standards for their installation and maintenance; 11.Requiring and designating the size,height,location and/or materials for fences; 12. Requiring the protection and preservation of existing trees,soils,vegetation,watercourses, habitat areas and/or drainage areas; 13. Requiring the dedication of sufficient open land area for a greenway adjoining and within the floodplain when land form alterations and development are allowed within the 100-year floodplain;and 14. Requiring the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. C. Exemptions.Manufactured home parks and manufactured home subdivisions are exempt from the provisions of Subsection B above.Manufactured home subdivisions are subject to approval under the provisions of Chapter 18.430,Subdivisions. Manufactured home parks are subject to approval under the provisions of Chapter 18.340,Site Development Review. CUP2009-00003/VAR2009-00021 Hearings Officer Final Order (Wilde Residential Care Facility) Page 14 of 18 compliance with the conditions of approval. TDC 18.230 authorizes the Director to identify, respond to and remedy alleged violations. Neighbors can initiate the enforcement process by reporting any violations they observe. If the applicant fails to comply with the conditions of approval, i.e.,by exceeding the number of residents, altering the type of care provided or otherwise expanding or changing the use, the planning director can revoke the Conditional Use Permit. The fact that neighbors can assist in monitoring the use does not shift the responsibility to them to do so. The City continues to bear the responsibility for enforcing its laws. However neighbors may be in a better position to monitor the use on a continuing basis because of their proximity, and it may be in their interests to do so given the complaint-driven nature of the enforcement process. 8. The applicant requested an adjustment to the minimum off-street parking requirements of TDC 18.765.070 and Table 18.765.2. a. Table 18.765.2 requires a minimum 1.0 parking space per bedroom or 1.0 space per 2.5 beds for Group Living Facilities. The proposed facility will provide a maximum eight beds. Therefore Code requires a minimum of four parking spaces (8 rooms/2.5 spaces =3.2 spaces,rounded up to 4 spaces per TDC 18.765.070.Q. b. TDC 18.765.070.F.2 authorizes up to a 20-percent reduction in the total required off-street parking spaces pursuant the adjustment criteria in TDC 18.370.020.C.7.a. The hearings officer finds that the applicant is requesting less than 20- percent reduction in the total number of required parking spaces in this case (3 space proposed,3.2 spaces required). Therefore the proposed adjustment complies with TDC 18.765.070.F.2. i. The hearings officer finds that the 20-percent reduction figure must be determined prior to the "rounding up"required by TDC 18.765.070.0. To hold otherwise would prohibit smaller developments,with minimal amounts of parking,from taking advantage of the adjustment provisions of TDC 18.765.070.F.2.Where fewer than five spaces are required,eliminating a single parking space would always constitute a more than 20-percent reduction in the total number of spaces. c. However the applicant failed to sustain the burden of proof that the proposed adjustment complies with TDC 18.370.020.C.7.a. This section expressly requires the submittal of a parking study prepared by a traffic consultant or parking data from comparable sites demonstrating compliance with the criteria listed in TDC 18.370.020.C.7.a(1) and (2). The applicant did not submit such evidence. Staff argued that such evidence is not necessary in this case, "due to the minimal request... " However the language of the Code is clear and cannot be waived or ignored.The applicant must submit evidence demonstrating compliance with the criteria listed in TDC 18.370.020.C.7.a(1) and(2). Absent such evidence, the hearings officer must deny the requested adjustment to the minimum parking requirements. CUP2009-00003/VAR2009-00021 Hearings Officer Final Order (Wilde Residential Care Facility) Page 15 of 18 d. The hearings officer finds,based on the applicant's site plan, that there is sufficient area on the site to accommodate four off-street parking spaces on the site. This may require modification of the parking alignment, since the driveway width is limited to a maximum 30 feet. However it is feasible to modify the design of the parking area to meet this requirement. In the alternative, the applicant could submit a separate Type II adjustment application containing the evidence required by TDC 18.370.020.C.7.a. A condition of approval is warranted to that effect. D. CONCLUSIONS 1. Based on the findings and discussion provided or incorporated in this final order, the hearings officer concludes that a. The applicant failed to sustain the burden of proof that the proposed adjustment to the minimum parking requirements complies with the applicable approval criteria in TDC 18.370.020.C.7.a,because the applicant did not submit a parking study prepared by a traffic consultant or parking data from comparable sites demonstrating compliance with the criteria listed in TDC 18.370.020.C.7.a(1) and (2); and b. The applicant sustained the burden of proof that the proposed conditional use permit does or will 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 in fact. E.DECISION In recognition of the findings and conclusions contained herein, and incorporating the Staff Report and public testimony and exhibits received in this matter, the hearings officer hereby denies VAR 2010-00069 and approves CUP2009-00003 (Wilde Residential Care Facility), subject to the following conditions of approval: CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY ONSITE IMPROVEMENTS, INCLUDING GRADING, EXCAVATION AND/OR FILL ACTIVITIES: Submit to the Current Planning Division(Gary Pagenstecher, (503) 718-2434) for review and approval: 1. Prior to issuance of site/building permits, the applicant shall grant a two (2)-foot wide strip along the property's street frontage in the form of an easement reserved for future street and utility improvements. The reserve easement shall be executed on City forms and recorded with Washington County. 2. Prior to site work,the applicant shall submit a revised Site Plan demonstrating that the site contains a minimum of two (2)bicycle parking spaces pursuant to the applicable Bicycle Parking Design standards in TDC 18.765.050. CUP2009-00003/VAR2009-00021 Hearings Officer Final Order (Wilde Residential Care Facility) Page 16 of 18 3. Prior to site work, the applicant shall submit a revised Site Plan demonstrating that the site contains a minimum of four(4) off-street vehicle parking spaces pursuant to the applicable General Design Standards in TDC 18.765.040 or obtain City approval of a Type II adjustment reducing the number of required parking spaces on the site, pursuant to TDC 18.390.040 and subject to the approval criteria in TDC 18.370.020.C.7. Submit to the Development Engineer(Gus Duenas, 503-718-2470) for review and approval: 4. This project does include public facility improvements involving the widening of a driveway and planting of street trees and requires issuance of a PFI permit. Six (6) sets of detailed plans covering the proposed improvements shall be submitted for review to the Development Engineer. PFI permit plans shall conform to City of Tigard Public Improvement Design Standards,which are available at City Hall and the City's web page (www.tigard-or.gov). 5. An erosion control plan shall be provided as part of the PFI permit drawings. The (plan shall conform to Clean Water Services Design and Construction Standards Resolution and Order No. 07-20) Chapter 2.No work on-site shall commence until the erosion control permit is issued. 6. The PFI permit plan submittal shall include the exact legal name, address and telephone and who will provide the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Development Engineer will delay processing of project documents. 7. The applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. The purpose of this plan is for parking and traffic control during the construction phase. 8. The applicant shall submit a preliminary sight distance certification by a registered professional engineer as part of the PFI permit application. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO FINAL APPROVAL OF THE SITE PERMIT IMPROVEMENTS. Submit to the Current Planning Division (Gary Pagenstecher, (503) 718-2434) for review and approval: 9. Prior to final approval of the site ermit, the applicant shall obtain final approval of a change of occupancy permit from the City building department,including any required structural, electrical,mechanical,plumbing and site permits. 10. Prior to final approval of the site permit, the applicant shall call for a final planning inspection to ensure the project was completed per the approved plan. 11. Prior to final approval of the site permit, the applicant shall provide a copy of a license for operation of a Residential Care Facility issued by the Oregon Department of Human Services ("DHS"). CUP2009-00003/VAR2009-00021 Hearings Officer Final Order (Wilde Residential Care Facility) Page 17 of 18 Submit to the Development Engineer (Gus Duenas, 503-718-2470) for review and approval: 12. Prior to final inspection of the public improvements, the applicant shall provide the City with as-built drawings of the improvements as follows: 1) 3 mil mylar, 2) a disk of the as-builts in"DWG" format, if available; otherwise"DXF" will be acceptable, and 3) the as-built drawings shall be tied to the City's GPS network. 13. Prior to final inspection, the applicant's engineer shall submit final sight distance certification for the driveway connections to SW 134 Avenue. 14. Prior to final inspection, the applicant shall execute a restrictive covenant with the City for participation in future improvements to expand SW 134 Avenue to the ultimate section. THE ONGOING OPERATION OF THE FACILITY SHALL COMPLY WITH FOLLOWING CONDITIONS. 15. The facility shall be limited to operation of a Residential Care Facility as defined by OAR 411-054-0005(44). The facility shall serve a maximum eight(8) "residents" as defined by OAR 411-054-0005(43). All residents shall be age 62 or. older and in need of assistance with "activities of daily living" as defined by OAR 411-054-0005(4). THIS APPROVAL MUST BE IMPLEMENTED WITHIN 18 MONTHS FROM THE EFFECTIVE DATE OF THE HEARINGS OFFICER'S DECISION. DATED this 21st day of May 2010. D:--"Z,.--:--:.,t...---c__..- Joe Turner, Esq., AICP City of Tigard Land Use Hearings Officer CUP2009-00003/VAR2009-00021 Hearings Officer Final Order (Wilde Residential Care Facility) Page 18 of 18 1111 min t1y VICINITY MAP '`� tlw ar sir ! We[lond J - _. 1 fir �' Castle hrr CUP2009-00003 f r i VAR2009 00021 itt 4111 rilliall ME I Ilit i ITV:?:: :4111.(\\ gr. ' WILDE RESIDENTIAL CARE vpra., � FACILITY _t T. � ,•_ �' it III ill- III . ... , . . 10, ..... Subject Site IIII VIM -11111 . III NEIN 111111111111. 35552 ■ffimmon allj - 1114 11. ' 1-11 III 1111 11� i - III_ T.,. i NIL:' IIIIIIIII1 T1 IIIIbi if --x . 1 III •a vis, i 1 - A _____\)is .4,11Fris ,..„ , i _,.... 7 . : • i 7...c. . , i 1 :a r l , litian ab ,.. -;.1 1 l =MI i t i F —MI `,' Information on this map is for general location _,! - only and should be verified with the Development MI Services Division. 1 — Scale 1:4,1X10-1 in=333 tt f 1 ill f - '>" I,L..__ Map punted al 09:09 AM on 19-Mar-10•- r i DATA IS DERNEO FROM MULTIPLE SOURCES.THE CITY OF TIOARD 1 L 1 r`__ DATA NO NNRRANTY,REPRESENTATION OR GUARANTEE AS TO THE I.-i ) "MI !. CONTENT.ACCURACY,TIMELINESS OR COMPLETENESS OF ANY OF THE DATA PROVIDED HEREIN.THE CITY OF TIOARD SHALL ASSUME NO l LIABILITY FOR ANY ERRORS,OMISSIONS,OR INACCURACIES IN THE I }1 INFORMATION PROVIDED REGARDLESS OF MOW CAUSED. f 1 �gCerty of I igav Feet TI6ARDMAPS 1T 5036 9a117B13d i 0 500 • www.tigard-or.gov TIGARD M . 7 l / \ / /\'‘,, v< / \ / � \ / \ / crrY OF TIGARD��, / \ / ,,]1 / ^:.mditian lid A ravgd r \ T/L 2500 \ / r•Jr only the Ufa a d ri d% ; \ ., / i". 9MIT NA —al1t / Tti2800 sos See Lettiar to;.Follow I I \ Ey/ . ._. m. Date; /140 ,`` >, �� ft. T/L 2800 • `'\ v f / ,``` `` �y �'`� ,4o4 Existing Facility /, / \s, \ '`,':7,- ----.111181__ 1111111111 .i'llIPM IIM...1,,M ,, - _ • - 1-111M;;1 1111V r ---t / MEM.CUM Mr 7E, `� SW 134TH AVE NUE ,\i` \s., `` _ ------N 38'00'08"W - ',, - -- - _r� ---- - . -v`, i /\v `~— --- -- e...w CUM E.e T/L 3300 �` 1 ----------- --- ATM,:awe,. --- — II —I — — — — — — — — — —I—-1 — --* -- � ' T/L 3700 \,‹ 0 20 mr 1'-10 uvula II.•r.naE - •�'� °°"° TCu HMC Harris-McMonagle RES/D��AL CARE MC/L/P! �, DANIELLE WILDE aN,e Srnr Associates, SITE__ 12530 SW'NEM MMUS fCU ,Inc VGA.0.Wan 1968 EAG/AFFRIG-507VEV/AG MANMMET hG s 2'i5"°° J«' F740SwScv/fin,SD i, Street Fpa ,arca,97213 CONDITIONAL USE PERMIT 2 " WE r/(503)639-3453 Fay(503)639-1131 SITE PLAN or 2 r. IMMUTIU PPM MIT 10/05/09 Erin Danielle Wilde CUP2009-00003/VAR2009-00021 12550 SW 134``' WILDE RESIDENTIAL CARE FACILITY Tigard, OR 97223 EXHIBIT -6 Danielle Wilde 12550 SW 134th Avenue Tigard,OR 97224 Steve Bloomquist Harris McMonagle Associates,Inc. 8740 SW Scoffins Street Tigard, OR 97223 Andrew I-L Stamp,Attorney at Law Kruse-Mercantile Professional Offices,Suite 16 4248 Galewood Street Lake Oswego,OR 97035 Michael DeShane 12523 SE 131' Q. Happy Valley,OR 97086 Michael Moiso 12543 SW 1346 Avenue Tigard, OR 97223 Scott Roth 12567 SW 134th Avenue Tigard, OR 97223 Ronald T. Carter 13690 SW Mapleview Lane Tigard, OR 97224 AFFIDAVIT OF MAILING Ey! I,Patricia L. Lunsford, being first duly sworn/affirm,on oath depose and say that I am a Planning Assistant for the City of Tigard, Washington County,Oregon and that I served the following: (Ouk Apgcyriae Box(s)Below) © NOTICE OF PUBLIC HEARING FOR CUP2009-00003/VAR2009-00021 - WILDE RESIDENTIAL CARE FACILITY (File No/Name Reference) ❑ AME NDED NOTICE HEARING BODY: HEARING DATE: ❑ City of Tigard Planning Director ® Tigard Heanngs Officer (5/10/2010) ❑ 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) sho' he attached list(s),marked Exhibit"B",and by reference made a part hereof,on April 19,2010, and dep site he U .ted St. -s Mail on April 19,2010,postage prepaid. 240;61 67,4 / (Person tha repared Notic STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the 67'U day of aiA9 ,2010. �rr`r": SHIRLEY L TREAT ) NOTARY P OREGON COMMISSION NO.416777 NOTARY PUB C OF OREGON MY COMMISSION EXPIRES APRIL 11 My Commission Expires: `f"�a��l NOTICE TO MORTGAGEI JENHOLDER,VENDOR OR. —LER: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, q IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. EXHIBIT A 11 - TIGARD PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY MAY 10, 2010 AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER AT 13125 SW HALL BOULEVARD,TIGARD,OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: FILE NOS.: CONDITIONAL USE PERMIT (CUP) 2009-00003 ADJUSTMENT (VAR) 2009-00021 FILE TITLE: WILDE RESIDENTIAL CARE FACILITY APPLICANT: Steve Bloomquist OWNER: Danielle Wilde Harris McMonagle Associates,Inc. 12550 SW 134th Avenue 8740 SW Scoffins Street Tigard,OR 97224 Tigard,OR 97223 PROPOSAL: A request for Conditional Use approval on a 0.17-acre site to expand an existing adult foster care facility in a single-family dwelling to exceed five beds. The project includes adding three beds to the existing five-bed adult foster care facility. A Special Adjustment is also requested for a reduction in the minimum off-street parking requirement from four to three spaces. LOCATION: 12550 SW 134th Avenue;Washington County Tax Assessor's Map 2S104AC,Tax Lot 02700. `LONE: R-25: Medium High-Density Residential District. The R-25 zoning district is designed to accommodate existing housing of all types and new attached single-family and multifamily housing units at a minimum lot size of 1,480 square feet. A limited amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.360, 18.370, 18.390, 18.510, 18.705, 18.725, 18.745, 18.765, 18.780, 18.790, 18.795 and 18.810. THE PUBLIC HEARING ON THIS MAI-1'rR WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURES 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. 2438 (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. I 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 A}1ER 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 OPPORTUNITY 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 (25fi) 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 (25C) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER GARY PAGENSTECHER.ASSOCIATE PLANNER AT 503.639.4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD,TIGARD, OREGON 97223, OR BY E-MAIL TO garyp@tigard-or.gov. _ -._, �A + a,,00� .� �:��,J5 * VICINITY MAP al -fir 'S`°" I wrsirjt 7 .' R CUP2009-00003 ,11.. *S *ti s VAR2009-00021 �� �, r��i ^r� FACILITY RESIDENTIAL CARE It*A T,.. c� � 41 * 111 PM ....9..... _ ..... am ,,,. : ., ..s,Moiler 11•• 'sz A ,,,„.C.v .. Subject Stte MIS II ■ : ♦ = MARCIA DR ■� ∎ = -111111 -� ,ma NM" 1 P4V il MEIN r '. `_.ii_ ��"i1 ■ v:_ ///�� . I , ffLS a . ilk z III �� 111114 gi■ FERN ST .1 I WAI NUT SI• 4 _ )07 it- • TI �-- . Oho\VIM .."*.r0...Nra,%1 .« � iimmiet. ,, 1.. i _ „._=il dt, Erin Danielle Wilde CUP2009-00003/VAR2009-00021 12550 SW 134th WILDE RESIDENTIAL CARE FACILITY Tigard,OR 97223 EXHIBI M Danielle Wilde 12550 SW 134th Avenue Tigard, OR 97224 Steve Bloomquist Harris McMonagle Associates,Inc. 8740 SW Scoffins Street Tigard, OR 97223 • 2S104AC05700 2S104AB11700 ADAMS,MARK J AND DONNA M BEAN,CARL RICHARD&JANET H 12634 SW 133RD 12385 SW MORNING HILL DR TIGARD,OR 97223 TIGARD,OR 97223 2S104BD10000 2S104AC12600 ALEXANDER LIVING TRUST BECKHAM,GARVE&MARILYN BY MARION/DOMINIQUE ALEXANDER TRS JT LIVING TRUST 12645 SW 135TH AVE BY GARVE/MARILHN BECKHAM TRS TIGARD,OR 97223 12620 SW 135TH AVE TIGARD,OR 97223 2S104BD09900 2S104BA11700 ALEXANDER,MARION&DOMINIQUE BEGINS,JOHN E& 12645 SW 135TH BEGINS,MARCI A TIGARD,OR 97223 13529 SW LIDEN DR BEAVERTON,OR 97006 2S104BD10100 2S104AC05500 ALEXANDER,STEFAN& BOONE,GREGORY D&KIMBERLY A POTTS,DIANA R 12718 SW 133RD AVE 12645 SW 135TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104AC09100 2S104AC05800 ALLARD,ARTHUR B&TERESA L BROOKS,DOUGLAS D&KIMBERLY N 13249 SW BOUNEFF ST 12612 SW 133RD ST TIGARD,OR 97223 TIGARD,OR 97223 2S104AC05900 2S104BD00800 ALLEN,SCOTT B&DEBRA BROWN,DONALD B& 12590 SW 133RD AVE NORTON-BROWN,KATHLEEN A TIGARD,OR 97223 13590 SW WALNUT LN TIGARD,OR 97223 2S104BD00900 2S104AC09300 ALULA,BERHANU B CAMPA,CRAIG S& 13540 SW WALNUT LN HAMILTON,MARY E TIGARD,OR 97223 13262 SW BOUNEFF ST TIGARD,OR 97223 2S104AB13600 2S104AC04200 ANDERSON,KAREN L&ROGER T CHANG,VICTOR 12414 SW 134TH AVE 3181 WEMBLEY PARK RD TIGARD,OR 97223 LAKE OSWEGO,OR 97035 2S104ACO2400 2S104AC04100 ANDERSON,KEVIN& CHANG,VICTOR CUSTODIAN ANDERSON,CHRIS 3181 WEMBLEY PARK RD 12523 SW 133RD AVE LAKE OSWEGO,OR 97034 TIGARD,OR 97223 2S104BA15300 2S104BA12400 BASHIR,MOHAMMAD S CHILDERS,DANIEL J&DIANA K 13534 SW LIDEN DR 13630 SW MARCIA DR TIGARD,OR 97223 TIGARD,OR 97223 t 2S104BD09800 2S104AB11900 CLEM,RICHARD R&BETTE J DINDIA,STEVEN J&DIANA E 13555 SW WALNUT LN 12438 SW MORNING HILL DR TIGARD,OR 97223 TIGARD,OR 97223 2S104AC07000 2S104AC10600 COVINGTON, KEITH&COURTNEY DUNLAP,JAMES J& 12615 SW MORNING HILL DR DUNLAP,SASHA K TIGARD,OR 97223 12594 SW MORNING HILL DR TIGARD,OR 97223 2S104BA12200 2S104AC07200 CRAIG,ANDREW S ELLIOTT,THOMAS A&BRENDA K 13566 SW MARCIA DR 12657 SW MORNING HILL DR TIGARD,OR 97223 TIGARD,OR 97223 2S104BA11500 2S104AC06900 CRESTO,GREGG&CONNIE ENQUIST,JEFFREY A&KIMBERLEY J 13543 SW LIDEN DR 12593 SW MORNING HILL DR TIGARD,OR 97223 TIGARD,OR 97223 2S104BA15400 2S104AC03000 CROSSEN,CORA FEEBECK,DARRELL L& 13546 SW LIDEN DR TERESA TIGARD,OR 97223 12474 SW 134TH AVE TIGARD,OR 97224 2S104AC11300 2S104AC03700 DEBOLT,JASMINE&NEIL FOOTE,CORI 12820 SW 134TH AVE 12601 SW 134TH AVE TIGARD,OR 97223 TIGARD,OR 97223 104AC123 0 25104AC06600 DE E OWNERS OF FORSTNER,FREDERICK C&ANDRA LOT - 12483 SW MORNING HILL DR I. 0000 TIGARD,OR 97223 S104AC12 2S104AC06700 D P TE OWNERS OF GABEL,CLARKE E&JUDITH E LOT 12517 SW MORNING HILL DR 0000 TIGARD,OR 97223 2S104AC11000 2S104ACO2200 DELEON,TARA GEIDL,PETER MILESLIE T 12720 SW 134TH AVE 12441 SW 133RD AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104ACO2600 2S104BA12100 DEZFULLI,EBRAHIM K AND SHAHIN D GENTILE,KRISTINA J 12587 SW 133RD AVE 13544 SW MARCIA DR TIGARD,OR 97223 TIGARD,OR 97223 2S104AB12700 2S104AC11100 GOLDSMITH,KURT R&BONITA F REV KORDMAHALEH,FARDAD T LIVING TRUST 130 KINGSGATE RD BY KURT R/BONITA F GOLDSMTIH TRS LAKE OSWEGO,OR 97035 12392 SW 133RD AVE TIGARD,OR 97223 2S104AC06300 2S104AC03300 GUERRERO, DANNY&TERESA KOSHIKAWA,TAKASHI/KIMI 12452 SW 133RD AVE BY PERFORMANCE PROPERTIES INC TIGARD,OR 97223 PO BOX 67 LAKE OSWEGO,OR 97034 2S104AB11600 2S104BD01100 HANEL,ROBERT R&JULIANNE KVISTAD,EUNICE A REV LIV TRUST 13274 SW BENISH ST 13535 SW FERN ST TIGARD,OR 97223 TIGARD,OR 97223 2S104AC11200 2S104AC05600 HERZBERG,SHAWN C&ANNE LAI,LENG S 12760 SW 134TH AVE 12676 SW 133RD AVE TIGARD,OR 97223 TIGARD,OR 97224 2S104BD09700 2S104AC03800 HORTON,ARLEN D&VIRGINIA M LEE,DOUGLAS L/CAPRICE MARIE 13585 SW WALNUT LN 12623 SW 134TH AVE TIGARD,OR 97223 TIGARD,OR 97223 23104B000700 2S104BA15000 JENSEN,NORMAN S&JUDIE L LEE,THANH& 13455 NE SCHUYLER ST HUANG,LIU PORTLAND,OR 97230 13609 SW NORTHVIEW DR TIGARD,OR 97223 2S104B000100 2S104BA11600 JOHANSSON,MARTIN L JOAN LIU-CHEN,CONNIE 13535 SW WALNUT LN 5907 BAY POINTE DR TIGARD,OR 97223 LAKE OSWEGO,OR 97035 2S104AC05400 2S104AC06500 KHALIL.,MASOUD MAJORS,MICHAEL& YOUMTOOBIAN,LIDA MAJORS,JERUSHA 12730 SW 133RD AVE 12449 SW MORNING HILL DR TIGARD,OR 97223 TIGARD,OR 97223 2S104BA15100 2S104ACO2500 KHEIRABADI,MASOUD MALEKI,ALI M&AZAM 13510 SW LIDEN DR 12545 SW 133RD AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104AC07100 2S104AC06000 KOLLING,GERARD W MALONE,MICHAEL K&KATHY N 12633 SW MORNING HILL DR 12558 SW 133RD AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104AC03600 2S104AB11800 MAYCUMBER,JACK CARY/KAY L MOORE,THOMAS E&CAROLYN J 13450 SW 22ND 12427 SW MORNING HILL DR BEAVERTON,OR 97005 TIGARD,OR 97223 2S104AC06200 2S104AC12900 MCALPINE,DAVID D&LISA A MORADI,HOMA 12494 SW 133RD AVE 12700 SW 135TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104AC12700 2S104AC10500 MCGINLEY,CHERYL M MULYAR,TATYANA 12640 SW 135TH AVE 12616 SW MORNING HILL DR TIGARD,OR 97223 TIGARD,OR 97223 2S104AB12000 2S104BA11400 MCMILLAN, D SCOTT NADARAJAH,SRIDER 12416 SW MORNING HILL DR 13565 SW LIDEN DR TIGARD,OR 97223 TIGARD,OR 97223 2S104AC09200 2S104AC03100 MCNAY,WILLIAM AND LILLIE M NEET,BRIANA M& 12466 SW MORNING HILL DR HINESLY,PAULINE M TIGARD,OR 97223 12445 SW 134TH AVE TIGARD,OR 97223 2S104AC03200 23104ACO2800 MITTENDORF,VICKI NGUYEN,NGUYET T& 12487 SW 134TH AVE DANG,DAT D TIGARD,OR 97223 12538 SW 134TH AVE PORTLAND,OR 97223 2S104AB12800 2S104AC04300 MIYASAKO,KENNETH&MARJORIE T O'BRYANT LLC 13332 SW BENISH 32 MORNINGVIEW CIR TIGARD,OR 97223 LAKE OSWEGO,OR 97035 2S104AC06100 2S104ACO2300 MOAN,DAVID R/MARIA O'CONNER,PAMELA A 12536 SW 133RD AVE 12485 SW 133RD AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104AC03400 2S104AC04000 MOISO,MICHAEL OLDHAM,GEORGE D 12543 SW 134TH AVE 12669 SW 133RD AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104AB12600 2S104AB04700 MONJE,MICHAEL T&LANELLE A OUR REDEEMER LUTHERAN CHURCH 12410 SW 133RD AVE 13401 SW BENISH ST TIGARD,OR 97223 TIGARD,OR 97223 2S104AC03500 2S104BA15200 ROTH,SCOTT L TRINCHERO,PAUL H& 12567 SW 134TH AVE TRINCHERO,H BARBARA PORTLAND,OR 97223 9590 SW VENTURA CT TIGARD,OR 97223 2S104BA12000 2S104AB13500 SAIDAM,AZIZA A& VAUGHN,PHILIP JAMES ABDELJAWAD,YASER Z& 12403 SW 134TH AVE ABDELJAWAD,NAJAH ZAKI TIGARD,OR 97223 13518 SW MARCIA DR TIGARD,OR 97223 2S104BA11900 2S104BA12300 SILVER,TIMOTHY&CHAN FU WILCOX,JASON 13503 SW LIDEN DR 13588 SW MARCIA DR TIGARD,OR 97223 TIGARD,OR 97223 2S104AC12800 2S104ACO2700 SINCLAIR,WILLIAM D& WILDE,ERIN DANIELLE DOROTHY U 12550 SW 134TH 12660 SW 135TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104ACO2900 2S104BA11800 SOM,NEANG WOOD,DAVID M& 12496 SW 134TH AVE WOOD,KRISTIN E TIGARD,OR 97223 753 VINEYARD TER PLEASANTON,CA 94566 2S104AC03900 2S104AB13700 STEFFEN,MICHAEL J YOZAMP,GRANT R& 12647 SW 133RD AVE YOZAMP,KIMBERLYN A TIGARD,OR 97223 12407 SW 133RD AVE TIGARD,OR 97223 2S104AC06800 2S104AC10900 STONE,BRIAN T/MICHELLE L ZECHMANN,BARBARA JUNE/TERRY LEE 12551 SW MORNING HILL DR LEARY,KATHLEEN JOAN& TIGARD,OR 97223 LEARY,KATHLEEN J/DAVID L 13320 SW WALNUT ST TIGARD,OR 97224 2S104AB11500 TESHERA,KRIS D&JENNIFERN E PO BOX 230901 TIGARD,OR 97223 2S104AC09400 THOMAS,BRIAN D&KATHLEEN M B 13234 SW BOUNEFF ST TIGARD,OR 97223 104BA16 0 TIG ITY OF 131 HALL BLVD ARD, 97223 ! j Charlie and Larie Stalzer David Walsh 14781 SW Juliet Terrace 10236 SW Stuart Court Tigard, OR 97224 Tigard, OR 97223 Susan Beilke Todd Harding and Blake Hering Jr. 11755 SW 114th Place Norris Beggs & Simpson Tigard, OR 97223 121 SW Morrison, Suite 200 Portland, OR 97204 Harold and Ruth Howland 13145 SW Benish Tigard, OR 97223 Kevin Hogan 14357 SW 133rd Avenue Tigard, OR 97224 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 CPO 4B Holly Shumway, Chair 14535 SW Woodhue Street Tigard, OR 97224 Beverly Froude 12200 SW Bull Mountain Road Tigard, OR 97224 Barry Albertson 15445 SW 150th Avenue Tigard, OR 97224 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 CITY OF TIGARD - WEST INTERESTED PARTIES (ov. I of h (i:lcurolnlsetuollabels\CIT West.docl UPDATED: 18-Feb-10 -tchen Bueh 1324• A •th Place •, OR ' 24 Don & Dorothy Erdt 13760 SW 121st Avenue Tigard, OR 97223 Ellen Beilstein 14630 SW 139th Avenue Tigard, OR 97224 Todd Harding and Blake Hering Jr. Norris Beggs & Simpson 121 SW Morrison, Suite 200 Portland, OR 97204 Vanessa Foster 13085 SW Howard Drive Tigard, OR 97223 san Beil 11 ' - . q 114th Place rd, 0' 97223 '04: 16 i:,, SW Pacific Highway, Suite H242 "-rgard, fi R 97224 Patricia Keerins 12195 SW 121st Avenue Tigard, OR 97223 •hn Fre '' g 71 i.;.v Lola Lane T•ard, O' 47223 CITY OF TIGARD - CENTRAL INTERESTED PARTIES (i:\curpin\setup\labels\CIT Central.doc) UPDATED: 18-Sep-09 AFFIDAVIT OF POSTING NOTICE OF A LAND USE PROPOSAL IMPORTANT NOTICE: • THIS AFFIDAVIT MUST BE ACCOMPANIED BY A COPY OF THE NOTICE THAT WAS POSTED ON THE SITE. TIGARD In the Matter of the Proposed Land Use Applications for: Land Use File Nos.: CUP2009-00003/VAR2009-00021 Land Use File Name: WILDE RESIDENTIAL CARE FACILITY I, Gary Pagenstecher, Associate Planner for the City of Tigard, do affirm that I posted notice of the land use proposal affecting the land located at (state the approximate location(s) IF no address(s) and/or tax lot(s) currently registered) /2 cc() S W G Li it AVQ'tk.W2-- 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 7 day of L ,20 . Signa 'e .on ' o Performed Posting �(In the pr-.ence of the Notary) (THIS SECTION FOR A STATE OF OREGON,NOTARY PUBLIC TO COMPLETE/NOTARIZE) STATE OF OREGON ) County of Washington ) ss. i�- Subscribed and sworn/affirmed before me on the y day of A Pk- L- ,20 /J . • OFFICIAL SEAL 1 O` J'`-t&- I SHIRLEY L TREAT NOTARY PUBLIC-o J NOTARY PUBLIC OF OREGO COMMISSION N0.4/8777 16777 MY COMMISSION EXPIRES APRIL 25,2011 My Commission Expires: wra.57l v h:\login\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 May 10, 2010 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 the Tigard Municipal Code and the rules of procedure adopted by the Council and available at City Hall or the rules of procedure set forth in Chapter 18.390. Testimony may be submitted in writing prior to or at the public hearing or verbally at the public hearing onl 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. 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. 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. Further information may be obtained from the Planning Division (staff contact: Gary Pagenstecher, Associat Planner) at 13125 SW Hall Blvd., Tigard, Oregon 97223, by calling 503-639-4171, or by email to garyp@tigara- or.gov. CONDITIONAL USE PERMIT (CUP) 2009-00003/ . ADJUSTMENT (VAR) 2009-00021 - WILDE RESIDENTIAL CARE FACILITY - PROPOSAL: A request for Conditional Use approval on a 0.17-acre site to expand an existing adult foster care facility in a single-family dwelling to exceed five beds. The project includes adding three beds to the existing five-bed adult foster care facility. A Special Adjustment is also requested for a reduction in the minimum off-street parking requirement from four to three spaces. LOCATION: 12550 SW 134th Avenue; Washington County Tax Assessor's Map 2S104AC, Tax Lot 02700. ZONE: R-25: Medium High-Density Residential District. The R-25 zoning district is designed to accommodate existing housing of all types and new attached single-family and multifamily housing units at a minimum lot size of 1 ,486 square feet. A limited amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.360, 18.370, 18.390, 18.510, 18.705, 18.725, 18.745, 18.765, 18.780, 18.790, 18.795 and 18.810. 0 °MIMI ...III p o, Area Notified (500 Ft) Z■■, , )Iiiiii W-all illie , 1111110, CHIMNEY RIDGE ST f-_ • it* •� 11 gi MN Harris-McMona le ■■ liii,, << D ,l ' . . 1 ' 2S104AC, 2700 N DR ••I -. • 1* rigfire ria lak sw. ... VIEW , , •� , `�\ 1.1„,t,„... •au • A •• •• . . AgIART.- INt:2 ■•■■.: ,II I dig 7:* �� �N .,� � MARCIA DR \ \ \` \\ �•� • maril,�� \ o`m ��, \■■s ` _mow, ` `Mi s ■- y Subject Site Tm. 01. - . HMO an lip . kki ,oil ` \1`II N \ ∎■ ► \ ` ` ■ ■ `� `JAW Property owner information is valid \\`, ` \ ``` V . for 3 months from the date printed on on,LOW° \ \ �� ` ■ ````` `` ; .tpil101i an MI this map. l0 • ■,, p • .e■- P4b,... ■4%; 0 . ■ IP .441111, MANN iii FERN ST • ■ I EI -.1/4 • . ■ �� � �` Map Panted 23-Feb-10 ■' W =n only and should leis map is for the Development Q�_�, f, only and should be verified with the Development Services Division. w a z 0 \ N DATA IS DERIVED FROM MULTRE SOURCES.THE CRY OF TIGARD -~ MAKES NOT WA RA N TI REPRESENTATION,OR GUARA TF AS TO THE ONTENT A CU RAY.TIMELINESS OR COMPLETENESS OF ANY OF THE DATA PROVIDED HEREKJ.THE CITY OF TIGARD SHALL ASSUME NO 11111 LIBABIL ITT FOR ANY ERRORS,OMISSIONS.OR INACCURACIES IN THE INFORMATION PROVIDED REGARDLESS OF HOW CAUSED. m Vi hill -- - COMMUNITY DEVELOPMENT DEPARTMENT GAy of Tigard 13125 SW Hall Blvd Tigard.OR 97223 - r 335 670 M 503639-4171 wi Feel _ www.6gard-or.gov I \ /,I \ r I FTfT T1 I f T F I 2S104AC05700 2S104AB11700 ADAMS,MARK J AND DONNA M BEAN,CARL RICHARD&JANET H 12634 SW 133RD 12385 SW MORNING HILL DR TIGARD,OR 97223 TIGARD,OR 97223 2S104BD10000 2S104AC12600 ALEXANDER LIVING TRUST BECKHAM,GARVE&MARILYN BY MARION/DOMINIQUE ALEXANDER TRS JT LIVING TRUST 12645 SW 135TH AVE BY GARVE/MARILHN BECKHAM TRS TIGARD,OR 97223 12620 SW 135TH AVE TIGARD,OR 97223 2S104BD09900 2S104BA11700 ALEXANDER,MARION&DOMINIQUE BEGINS,JOHN E& 12645 SW 135TH BEGINS,MARCI A TIGARD,OR 97223 13529 SW LIDEN DR BEAVERTON,OR 97006 2S104BD10100 2S104AC05500 ALEXANDER,STEFAN& BOONE,GREGORY D&KIMBERLY A POTTS,DIANA R 12718 SW 133RD AVE 12645 SW 135TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104AC09100 2S104AC05800 ALLARD,ARTHUR B&TERESA L BROOKS,DOUGLAS D&KIMBERLY N 13249 SW BOUNEFF ST 12612 SW 133RD ST TIGARD,OR 97223 TIGARD,OR 97223 2S104AC05900 2S104BD00800 ALLEN,SCOTT B&DEBRA BROWN,DONALD B& 12590 SW 133RD AVE NORTON-BROWN,KATHLEEN A TIGARD,OR 97223 13590 SW WALNUT LN TIGARD,OR 97223 2S104BD00900 2S104AC09300 ALULA,BERHANU B CAMPA,CRAIG S& 13540 SW WALNUT LN HAMILTON,MARY E TIGARD,OR 97223 13262 SW BOUNEFF ST TIGARD,OR 97223 2S104AB13600 2S104AC04200 ANDERSON,KAREN L&ROGER T CHANG,VICTOR 12414 SW 134TH AVE 3181 WEMBLEY PARK RD TIGARD,OR 97223 LAKE OSWEGO,OR 97035 2S104ACO2400 2S104AC04100 ANDERSON,KEVIN& CHANG,VICTOR CUSTODIAN ANDERSON,CHRIS 3181 WEMBLEY PARK RD 12523 SW 133RD AVE LAKE OSWEGO,OR 97034 TIGARD,OR 97223 2S104BA15300 2S104BA12400 BASHIR,MOHAMMAD S CHILDERS,DANIEL J&DIANA K 13534 SW LIDEN DR 13630 SW MARCIA DR TIGARD,OR 97223 TIGARD,OR 97223 2S1048D09800 2S104AB11900 CLEM,RICHARD R&BETTE J DINDIA,STEVEN J&DIANA E 13555 SW WALNUT LN 12438 SW MORNING HILL DR TIGARD,OR 97223 TIGARD,OR 97223 2S104AC07000 2S104AC10600 COVINGTON,KEITH&COURTNEY DUNLAP,JAMES J& 12615 SW MORNING HILL DR DUNLAP,SASHA K TIGARD,OR 97223 12594 SW MORNING HILL DR TIGARD,OR 97223 2S104BA12200 2S104AC07200 CRAIG,ANDREW S ELLIOTT,THOMAS A&BRENDA K 13566 SW MARCIA DR 12657 SW MORNING HILL DR TIGARD,OR 97223 TIGARD,OR 97223 2S104BA11500 2S104AC06900 CRESTO,GREGG&CONNIE ENQUIST,JEFFREY A&KIMBERLEY J 13543 SW LIDEN DR 12593 SW MORNING HILL DR TIGARD,OR 97223 TIGARD,OR 97223 2S104BA15400 2S104AC03000 CROSSEN,CORA FEEBECK,DARRELL L& 13546 SW LIDEN DR TERESA TIGARD,OR 97223 12474 SW 134TH AVE TIGARD,OR 97224 2S 104AC 11300 2S104AC03700 DEBOLT,JASMINE&NEIL FOOTE,CORI 12820 SW 134TH AVE 12601 SW 134TH AVE TIGARD,OR 97223 TIGARD,OR 97223 104AC123 0 2S104AC06600 DE E OWNERS OF FORSTNER,FREDERICK C&ANDRA LOT - 12483 SW MORNING HILL DR 0000 TIGARD,OR 97223 S104AC12 2S104AC06700 D P TE OWNERS OF GABEL,CLARKE E&JUDITH E LOT 12517 SW MORNING HILL DR 0000 TIGARD,OR 97223 2S104AC11000 2S104ACO2200 DELEON,TARA GEIDL,PETER M/LESLIE T 12720 SW 134TH AVE 12441 SW 133RD AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104ACO2600 2S104BA12100 DEZFULLI,EBRAHIM K AND SHAHIN D GENTILE,KRISTINA J 12587 SW 133RD AVE 13544 SW MARCIA DR TIGARD,OR 97223 TIGARD,OR 97223 2S104AB12700 2S104AC11100 GOLDSMITH,KURT R&BONITA F REV KORDMAHALEH,FARDAD T LIVING TRUST 130 KINGSGATE RD BY KURT R/BONITA F GOLDSMTIH TRS LAKE OSWEGO,OR 97035 12392 SW 133RD AVE TIGARD,OR 97223 2S104AC06300 2S104AC03300 GUERRERO,DANNY&TERESA KOSHIKAWA,TAKASHI/KIMI 12452 SW 133RD AVE BY PERFORMANCE PROPERTIES INC TIGARD,OR 97223 PO BOX 67 LAKE OSWEGO,OR 97034 2S104AB11600 2S104BD01100 HANEL, ROBERT R&JULIANNE KVISTAD,EUNICE A REV LIV TRUST 13274 SW BENISH ST 13535 SW FERN ST TIGARD,OR 97223 TIGARD,OR 97223 2S104AC11200 2S104AC05600 HERZBERG,SHAWN C&ANNE LAI,LENG S 12760 SW 134TH AVE 12676 SW 133RD AVE TIGARD,OR 97223 TIGARD,OR 97224 2S104BD09700 2S104AC03800 HORTON,ARLEN D&VIRGINIA M LEE,DOUGLAS L/CAPRICE MARIE 13585 SW WALNUT LN 12623 SW 134TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104BD00700 2S104BA15000 JENSEN,NORMAN S&JUDIE L LEE,THANH& 13455 NE SCHUYLER ST HUANG,LIU PORTLAND,OR 97230 13609 SW NORTHVIEW DR TIGARD,OR 97223 2S104BD00100 2S104BA11600 JOHANSSON,MARTIN L JOAN LIU-CHEN,CONNIE 13535 SW WALNUT LN 5907 BAY POINTE DR TIGARD,OR 97223 LAKE OSWEGO,OR 97035 2S104AC05400 2S104AC06500 KHALIL.,MASOOD MAJORS,MICHAEL& YOUMTOOBIAN,LIDA MAJORS,JERUSHA 12730 SW 133RD AVE 12449 SW MORNING HILL DR TIGARD,OR 97223 TIGARD,OR 97223 2S104BA15100 2S104ACO2500 KHEIRABADI,MASOUD MALEKI,ALI M&AZAM 13510 SW LIDEN DR 12545 SW 133RD AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104AC07100 2S104AC06000 KOLLING,GERARD W MALONE,MICHAEL K&KATHY N 12633 SW MORNING HILL DR 12558 SW 133RD AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104AC03600 2S104AB11800 MAYCUMBER,JACK CARY/KAY L MOORE,THOMAS E&CAROLYN J 13450 SW 22ND 12427 SW MORNING HILL DR BEAVERTON,OR 97005 TIGARD,OR 97223 2S104AC06200 2S104AC12900 MCALPINE,DAVID D&LISA A MORADI,HOMA 12494 SW 133RD AVE 12700 SW 135TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104AC12700 2S104AC10500 MCGINLEY,CHERYL M MULYAR,TATYANA 12640 SW 135TH AVE 12616 SW MORNING HILL DR TIGARD,OR 97223 TIGARD,OR 97223 2S104AB12000 2S104BA11400 MCMILLAN,D SCOTT NADARAJAH,SRIDER 12416 SW MORNING HILL DR 13565 SW LIDEN DR TIGARD,OR 97223 TIGARD,OR 97223 2S104AC09200 2S104AC03100 MCNAY,WILLIAM AND LILLIE M NEET,BRIANA M& 12466 SW MORNING HILL DR HINESLY,PAULINE M TIGARD,OR 97223 12445 SW 134TH AVE TIGARD,OR 97223 2S104AC03200 2S104ACO2800 MITTENDORF,VICKI NGUYEN,NGUYET T& 12487 SW 134TH AVE DANG,DAT D TIGARD,OR 97223 12538 SW 134TH AVE PORTLAND,OR 97223 2S104AB12800 2S104AC04300 MIYASAKO,KENNETH&MARJORIE T O'BRYANT LLC 13332 SW BENISH 32 MORNINGVIEW CIR TIGARD,OR 97223 LAKE OSWEGO,OR 97035 2S104AC06100 2S104ACO2300 MOAN,DAVID R/MARIA O'CONNER,PAMELA A 12536 SW 133RD AVE 12485 SW 133RD AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104AC03400 2S104AC04000 MOISO,MICHAEL OLDHAM,GEORGE D 12543 SW 134TH AVE 12669 SW 133RD AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104AB12600 2S104AB04700 MONJE,MICHAEL T&LANELLE A OUR REDEEMER LUTHERAN CHURCH 12410 SW 133RD AVE 13401 SW BENISH ST TIGARD,OR 97223 TIGARD,OR 97223 2S104AC03500 2S104BA15200 ROTH,SCOTT L TRINCHERO,PAUL H& 12567 SW 134TH AVE TRINCHERO,H BARBARA PORTLAND,OR 97223 9590 SW VENTURA CT TIGARD,OR 97223 2S104BA12000 2S104AB13500 SAIDAM,AZIZA A& VAUGHN,PHILIP JAMES ABDELJAWAD,YASER Z& 12403 SW 134TH AVE ABDELJAWAD,NAJAH ZAKI TIGARD,OR 97223 13518 SW MARCIA DR TIGARD,OR 97223 2S104BA11900 2S104BA12300 SILVER,TIMOTHY&CHAN FU WILCOX,JASON 13503 SW LIDEN DR 13588 SW MARCIA DR TIGARD,OR 97223 TIGARD,OR 97223 2S104AC12800 2S104ACO2700 SINCLAIR,WILLIAM D& WILDE,ERIN DANIELLE DOROTHY U 12550 SW 134TH 12660 SW 135TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104ACO2900 2S104BA11800 SOM,NEANG WOOD,DAVID M& 12496 SW 134TH AVE WOOD,KRISTIN E TIGARD,OR 97223 753 VINEYARD TER PLEASANTON,CA 94566 2S104AC03900 2S104A613700 STEFFEN,MICHAEL J YOZAMP,GRANT R& 12647 SW 133RD AVE YOZAMP,KIMBERLYN A TIGARD,OR 97223 12407 SW 133RD AVE TIGARD,OR 97223 2S104AC06800 2S104AC10900 STONE,BRIAN T/MICHELLE L ZECHMANN,BARBARA JUNE/TERRY LEE 12551 SW MORNING HILL DR LEARY,KATHLEEN JOAN& TIGARD,OR 97223 LEARY,KATHLEEN J/DAVID L 13320 SW WALNUT ST TIGARD,OR 97224 2S104AB11500 TESHERA,KRIS D&JENNIFERN E PO BOX 230901 TIGARD,OR 97223 2S104AC09400 THOMAS,BRIAN D&KATHLEEN M B 13234 SW BOUNEFF ST TIGARD,OR 97223 104BA16 0 TIG ITY OF 131 HALL BLVD ARD, 97223 Charlie and Larie Stalzer David Walsh 14781 SW Juliet Terrace 10236 SW Stuart Court Tigard, OR 97224 Tigard, OR 97223 Susan Beilke Todd Harding and Blake Hering Jr. 11755 SW 114th Place Norris Beggs & Simpson Tigard, OR 97223 121 SW Morrison, Suite 200 Portland, OR 97204 Harold and Ruth Howland 13145 SW Benish Tigard, OR 97223 Kevin Hogan 14357 SW 133rd Avenue Tigard, OR 97224 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 CPO 4B Holly Shumway, Chair 14535 SW Woodhue Street Tigard, OR 97224 Beverly Froude 12200 SW Bull Mountain Road Tigard, OR 97224 Barry Albertson 15445 SW 150th Avenue Tigard, OR 97224 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 CITY OF TIGARD - WEST INTERESTED PARTIES fop. I of 11 fi:lcurolnlsetuollabels\CIT West.docl UPDATED: 18-Feb-10 -tchen Bueh 1324• .► .th Place 's. ., OR • 24 Don & Dorothy Erdt 13760 SW 121st Avenue Tigard, OR 97223 Ellen Beilstein 14630 SW 139th Avenue Tigard, OR 97224 Todd Harding and Blake Hering Jr. Norris Beggs & Simpson 121 SW Morrison, Suite 200 Portland, OR 97204 Vanessa Foster 13085 SW Howard Drive Tigard, OR 97223 san Beil 11 114th Place • rd, 0 97223 '04: 16 SW Pacific Highway, Suite H242 .ard, I R 97224 Patricia Keerins 12195 SW 121st Avenue Tigard, OR 97223 .hn Fre g 71 o,,d Lola Lane Tgard, 0' '7223 CITY OF TIGARD - CENTRAL INTERESTED PARTIES (i:\curpin\setup\labels\CIT Central.doc) UPDATED: 18-Sep-09 Feb. 22. 2010 11 : 50AM Harris McMonagle No. 0118 P. 1 CITY OF TIGA.RD COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 13125 SW ILA T.L BOULEVARD TIGARD, OREGON 97223 PHONE: 503-639-4171 FAX 503-718-2748(Ar n Patty/Planning) EMAIL: parryetigatd-or.gov TIGARD I REQUEST FOR 500-FOOT PROPERTY OWNER MAILING LIST 7 Property owner information is valid for 3 months from the date of your request INDICATE ALL PROJECT MAP&TAX LOT NUMBERS 1S134AB,Tax Lot 00100) OR THE ADDRESSES FOR ALL PROJECT PARCP.T S BELOW: (If more than 1 tax lot or if the parcel has no address,you must separately identify each tax lot associated with the project.) PLEASE_BE AWARE 1 SET. OF LABELS WILLBE PROVIDED AT TIME FOR HOLDING YOUR NEI.GHBORHOOD MUTING. After submitting your land use application to the City, and the project planner has reviewed your application for completeness, you will be notified by means of an incompleteness letter to obtain your 2 final sets of labels. 1E,YLQUBAVEIED FLANNINQ • OBTAIN Y• I`LABEL EASE I _ E BE •W _ AT Y• k. ED 2 OF LABEL . VII Completeness Letter Received Indicating 2 Sets of Envelopes w/Affixed Address Labels Required The 2 final sets of labels need to be placed on envelopes (Do self-adhesive envelopes please) with first class letter- rate postage on the envelopes in the form of postage stamps (no metered envelopes and no return address) and resubmitted to the City for the purpose of providing notice to property owners of the proposed land use application and the decision. The 2 sets of envelopes must be-kept separate. The person listed below will be called to pick up and pay for the labels when they are ready. NAME OF CONTACT PERSON 7 PHONE: l, � - NAME OF COMPANY: N,7: FAX EMAIL: This request may be emailed,mailed, faxed, or hand delivered to the City of Tigard. Please allow a 2-day minimum for processing requests. Upon completion of your request, the contact person listed will be called to pick up their request that will be placed in "Will Call"by the company name (or by the contact person's last name if no company) at the Planning/Engineering Counter at the Permit Center. The cost of processing your request must be paid at the time of pick up,as exact cost can not be pre-determined. PLEASE NOTE: FOR REASONS OF ACCURACY, ONLY ORIGINAL MAILING LABELS PROVIDED BY THE CITY VS.RE-TYPED MAILING LABELS WILL BE ACCEPTED. Cost Descrip son; $11 to generate the mailing list,plus$2 per sheet for printing the list onto labels (20 addresses per sheet). Then,multiply the cost to print one set of labels by the number of sets requested - EXAMPLE- -COST FOR THIS REQUEST- I 4 sheers of labels x$2/sheet=S8.00 x 2 sets= ;16.00 et(s)of labels x$2/sheet=5.22x sets= '/ . 1 sheets of labels x$2/sheet for interested parries x 2 sets= $ 4.00 sheet(s)of labels x S2/sheer for interested parties=S7x sets= _ GENERATE LTC,,,j' = 511 00 -.I ::TRUST = TOTAL = S31,00 TOTAL _$� W 2S104ACO2700 WILDE,ERIN DANIELLE 12550 SW 134TH TIGARD,OR 97223 3/0// D02 (r61 '- '6X a/60W •/..., )ce 3 APPLICANT MATERIALS 1255o SW1 134th � 34 A CONDITIONAL ve ' X10 NAL USE REVIEW c n OFT IGAp RECtIVED ClrY or"pal RD ° Zoo Site Development Review Fee Breakdown Conditional Use Permit = $5,245.00 Special Adjustment = $621.00 Joint application planning fees 100% of highest fee + 50% of all additional fees related to proposal. Total = $5,555.50 PRE-APB HELD BY: III i, CITY GAN DIVISION LAND OF TI USE RD PERMPLAIT NING APPLICATION ` 11 up i City of Tigard Permit Center 13125 SW Hall Blvd, Tigarc4 OR 97223 Phi 503.639.4171 Fax:503.598.1960 File# ( tP AJi)q-er-0-003 Other Case# u Ap_diiv Q- aro_1 Date'/ai. coq By I S .I ear" Receipt# Fee I 6.-5 -5--511 Date Complete TYPE OF PERMIT YOU ARE APPLYING FOR IN •justment/Variance(I or II) ❑Minor Land Partition(II) ❑Zone Change(III) ❑Comprehensive Plan Amendment(IV) ❑Planned Development(III) ❑Zone Change Annexation(IV) Hi .nditional Use(III) ❑Sensitive Lands Review(I,II or III) ❑Zone Ordinance Amendment(IV) ❑ Historic Overlay(II or III) ❑Site Development Review(II) ❑Home Occupation(II) ❑Subdivision(II or III) LOCATION WHERE PROPOSED-AC r7VPIY WILL O0a1R(Address d available) f 12550 SW 134th Ave-. f TAX MAPS&TAX LOTNOS. I 2S-1-04AC TL 2700 TOTAL SITE SIZE ZONING a ASSIFIC Lfl'ON 0 . 17 ACRES • R-25 APPLICANT. HARRIS MCMONAGLE ASSOCIATES INC. MAILING ADDRESS/CITY/STATE/ZIP 8740 SW SCOFFINS STREET, TIGARD, OR 97223 PHONE NO. FAX NO. 503-639-3453 503-639-1232 PRIMARY-CONTACT PERSON -PRONE NO. STEVE BLOOMQUIST (EXT. 19) PROPERTY OWNER/DEED HOLDER(Anach lut d more than one) Danielle Wilde MAILING ADDRESS/QTY/STATE/LIP 12550 SW 134th Ave . PHONE NO. F&NO. "When the owner and the applicant are different people,the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owners must sign this application in the space provided on the back of this form or submit a written authorization with this application. PROPOSAL SU) 4ARY(Please be specific) Conditional Use Review - To allow group care of more than five elderly and disabled individuals . Concurrent Special Adjustment to the Off street parking ? requirements . APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS DESCRIBED IN THE"BASIC SUBMITTAL REQUIREMENTS"INFORMATION SHEET. 1 THE APPLICANT SHALL CERTIFY THAT: ♦ If the application is granted,the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All the above statements and the statements in the plot plan,attachments,and exhibits transmitted herewith,are true;and the applicants so acknowledge that any permit issued,based on this application,map be revoked if it is found that any such statements are false. ♦ The applicant has read the entire contents of the application,including the policies and criteria,and understands the requirements for approving or denying the application(s). SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. • ZObilk_ /2_/z/ety Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date - z - Applican Agent/Representative's Signature Date Applicant/Agent/Representative's Signature Date III CITY OF TIGARD RECEIPT 13125 SW Hall Blvd.,Tigard OR 97223 503.639.4171 TIGAR7 Receipt Number: 176433 - 12/30/2009 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID CUP2009-00003 Conditional Use Permit 1003100-43116 $4,570.00 CUP2009-00003 Conditional Use Permit-LRP 1003100-43117 $675.00 Total: $5,245.00 PAYMENT METHOD CHECK# CC AUTH.CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 7860 STREAT 12/30/2009 $5,245.00 Payor: Erin Danielle Wilde Total Payments: $5,245.00 Balance Due: $0.00 Page 1 of 1 CITY OF TIGARD RECEIPT 13125 SW Hall Blvd.,Tigard OR 97223 503.639.4171 TICAR.L) Receipt Number: 176434 - 12/30/2009 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID VAR2009-00021 50%Joint Application Fee 1003100-43116 $270.50 VAR2009-00021 50%Joint Application Fee-LRP 1003100-43117 $40.00 Total: $310.50 PAYMENT METHOD CHECK# CC AUTH.CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 7860 STREAT 12/30/2009 $310.50 Payor: Erin Danielle Wilde Total Payments: $310.50 Balance Due: $0.00 Page 1 of 1 \A/1rran+9 DeecL • S T AMER/ ti4 C9 4. First American Title Insurance Company of Oregon Washington(OR) Prepared For: Prepared By: Property Information Division 222 SW Columbia St, Suite 400 - Portland,Oregon 97201 Phone: (503)219-TRIO Fax: (503)790-7872 OWNERSHIP INFORMATION Owner : Wilde Erin Danielle Ref Parcel Number :2S104AC 02700 CoOwner 7:02S R:01W S: 04 Q: 253 Site Address : 12550 SW 134th Ave Tigard 97223 Parcel Number :R2020124 Mail Address : 12550 SW 134th Ave Tigard Or 97223 Map Number Telephone : Owner: Tenant: County :Washington(OR) SALES AND LOAN INFORMATION Transferred : 03/22/1996 Loan Amount . Document# : 24747 Lender :Accubanc Mtg Sale Price Loan Type Deed Type : Warranty Interest Rate . %Owned : 100 Vesting Type . PROPERTY DESCRIPTION ASSESSMENT AND TAX INFORMATION Map Page&Grid : 655 A4 MktLand :$178,000 census : Tract: 319.03 Block: 2 MktStructure : $174,750 Subdivision/Plat : Morning Hill No.8 MktOther Neighborhood Cd : MNHL MktTotal : $352,750 Land Use : 1012 Res,Improved M50 Assd Total : $218,630 Legal : MORNINGHILL NO.8,LOT 171,ACRES %Improved : 50 : .17 08-09 Taxes :$3,341.88 Exempt Amount : Exempt Type . Levy Code : 05185 Millage Rate : 15.6205 PROPERTY CHARACTERISTICS Bedrooms : 5 Lot Acres : .17 Year Built : 1994 Bathrooms : 3.00 Lot SqFt :7,405 EffYearBlt : 1994 Heat Method : Forced Bsm Fin SqFt Floor Cover : Carpet Pool Bsm Unfin SqFt : Foundation : Concrete Ftg Appliances Bsm Low SqFt Roof Shape . Dishwasher Bldg SqFt : 2,675 Roof Matl : Wd Shake Hood Fan 1st Fir SqFt : 1,913 InteriorMat :Drywall Deck :Yes Upper Flr SqFt : 322 Paving Matl : Gravel Garage Type : Mixed Type Porch SqFt Const Type :Wd Stud\shtg Garage SF : 440 Attic SqFt Ext Finish : 239 Deck SqFt : 144 This title information has been furnished,without charge,in conformance with the guidelines approved by the State of Oregon Insurance Commissioner. The Insurance Division cautions intermediaries that this service is designed to benefit the ultimate insureds. Indiscriminate use only benefiting intermediaries will not be permitted. Said services may be discontinued. No liability is assumed for any errors in this report. t f STATE OF OREGON 1 County of Washington r SS I,Jerry R.Hanson,Director of Assess- ment and Taxation and Cs-Officio County Clerk for said county,do hereby certify that the within instrument owrd7ng vras rr ceivOJ and recordnd in-bcitlie nr-records of said county. Jerry R.:Hanson Diroctor of AssesBmont and Taxation, Ex- Officio County Clerk Doc : 96024747 Rect: 161196 38.00 0_,/22/1996 12: 10:46PM • API MM.&Mo.ass-yette MTY OEED IIedl•IC...I a Ca.veraut. ca..s..r..,r.. ,r[.[s*et w•ma ao.•a.,ta.c C..ea. P�i-r7w •— '— y- WAARANTY DEED '•+mot- KNOW ALL MEN SY i HESE PRES ENTS,That----__�alE•L./� ) here 't r called the grantor,for the consideration hereinafter stated,to grantor paid by--«_--__..___..__-__—_------.-......- I. ' hereinafter called the grantee, does hereby grant, bargain, sell and convey unto the grantee and grantee's heirs, 1, successors and assigns that certain real property, wit`Ahe tenements. hereditarnents and appurtenances (hereunto ; a, I. belonging or in any:tray appertaining,situated in--. t- -..Sf•INq fit}County, State of Oregon, described as follows, i' to-wit: X07` l 7 il 1G�i2ti;!N� I 1/ �'- CLShrn.rct�zk G- r i i /�s3v 5f-A- / 3'.1--*- ` 7C VA OK? 9 72.2 P - °'li I. i' I. 1II I; .i II li (IF SPACE INSUFFICIENT.CONTINUE DESCRIPTION ON REVERSE SIDE) lI i MS To Have and to Hold the same unto the grantee and grantee's heirs.successors and assigr.s forever. S� And grantor hereby covenar.is to and with grantee and grantee's : s heirs, successors and assigns, that grantor is l -e lawfully seized in fee simple of the above granted premises.free from all encumbr.tnces __...._....__...... = . ._.."._.-._..._-. . .. � ................... - I. MN and that ! grantor will warrant and forever defend the premises and every part and parcel thereof against the lawful claims f and demands of all persons whomsoever, except those claiming under tho above described encumbrances. The true and actual consideration paid for this transfer. stated in terms of dollars. is $ C ) I i O'ffowever, the actual consideration consists of or includes other property or value given or promised which is rho whale Consideration(indicate which). (The'lenience between the aymbohr-),ii not applicable.should be deleted.See ORS 9J.OJO.1 1. pert of at. r In construing this deed, where the context so requires, the singular includes the plural and all grammatical changes shall be made so that this deed shall apply equally to corporations and to individuals. i 1 In Witness Whereof,the grantor has executed this instrument this... . .. day of c" V LY ,199C-A: if a corporate grantor, it has caused its name to be signed and its seal, if any,affixed by an officer or other person duly authorised to do so by order of its board of directors. iI THiS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS ?-' i. INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. 1I BEFORE SIGNING OR ACCEPTING TH(S INSTRUMENT.THE PERSON ACQUIRING FEE I . TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY .e • LIMITS ON LAWSUITS AGAINST FAFMING OR FOREST PRACTICES AS DEFINED IN ...... -----------.....--•-........--'..................'•'..--''.••••.•'.'-...----- ORS 30970 T�Yhh STATE OF OREGON.County of >. \ )ss. p� — This instrument was acknowledged fore me on .. ..E4 ...l9...l.Sr . ............... by :.c\..C. \-\.!..). .S c IN This instrument was acknowledged before me on.......................... .......... ..............19 . by... .. ... .... .......... . as of ...... . .. �� , \. . . _ • �� Notary Public for Oregon 'I • • �'- . My commission expires -. --� �.....-.I..-.l.. '..--. t • 'i.1 ii I ...................•....... STATE OF OREGON. ■ County of f ss. »........•••••. _.. 111 I certify that the within instrument I • • M M .w Menet w • was received for record on the.-........day :. ................................ of...... -. 19 . .at I • • • • ' --'•^-- odour M.,and recorded in •••• .ew book/reel volume No........ on page weeeweew.use d/or as fee/file/instru-A • M n 1.IM .Aeew..,t�MI• t 1 ....WIG/ merit/microfilm/reception No. i I .?.... .. LI.J..../..:34.y Record of Deeds of said County. II f s-- ir 1 / - - . .. .. . _•• Witness my hand and seal of I; wall.. fad..M...h. .0 Ia..I.I.w....I•Is.-..Aid.«N r.rn County affixed_ I� . ---,rJ,¢N,41Gg &�a I1 /.2.s50......564.1_ ./3= _._. is .. -. .._. wa..e r.ta,a i PLAT BOOK NO. 79 ,PAGE -'.r- SHEET 1 OF 3 INDEX MEET 7ESa1mn0r4 MORNING HILL No. 8 I LOTS Ill-1e4,•201-261,tLUtF40,TAME C2-C2/. 2 LOTS 165-200,LEGEND.1W57 KTIUNS,TABLE C26-CSO • 3 DECLANAlicIF. SURVEVCR'S CERIWICATION,APPROVALS SITUATED IN THE N.E. 1/4 Of SECTION 4 T. 2 S., R. I W., W.M. CITY OF TIGARD, WASHINGTON COUNTY, OREGON UETAA N.T.S r� SURVEYED: NOVEMBER IITH,1991 ALPHA ENGINEERING, INC. 11 \ry PLAZA WEST,surf 250,9500 SW OAR io 6'1604 604*0 FENCE POaTUro,OREGON 97225 vx x.34 x - W MORNING HILL No. 7 = 1 I 1 1CV I I I z 163 _ 1 164 1 165 I i F� z ct • ° 154 1 147 • 5 8816'08' E 183.00'I I z g I S 8816'08' E 250.00' ~' 1 ' a 10.00 J lGLao• 00 210.-j loaoc 150.55. °'� S 8816'0$' E 25.50' 75.00'0000 100.00 Q, • 20' 3 ,LTa,^n S PRIVATE STORM S'.v • 0 174 OSnln 8 DRAW EASEMENTJS' ^ .8 u - ° 166 8 T3 LOT 2QT- INITIAL POINT z 4 ' a 175 s x '7,0000'F 5-a • F u 6 E,755 Si cla 7,000 SF 8 207 8 EOLwO AND 1E1 D 516-I.R.• c 6 + S 6616'09'E Sr 50016'08"E J n B 7,000 SF ^ AiPHALOEN0..INC' t •Z (� U N N 10!1'00•Y 100.00' g r. 100.00' LS 1016'0`•E 62 - 10100' • �,j $ ..;.:W L s m *c 173$ *VIn 8 167 8 1 1 x.00.170 176 76 8 7,1 SF Ao1= n 7,000 SF n L° P1 8.472 SF NP • N 6616'06'9 5 8616'06'E 206 „I V 7,000 SF 1 d 04'52'57 6 W 100.00' • C7 0 3.00' -- -10.00' 100.00' m • S 6616'06'E _°m I ^ '1 3 • ••S'12'Of E S x 100.00• ._'i . �1•' s 172 �^ R 168 s °I 0, n 7,002 SF (IA E' i 7.005 0'F I 8 205 .-I• ;p t0'+. M 0074'42'M ° Lr '+A 177 ''6- s n I 5 5616'50"E < 7,000 SF 0'I, •6.61' •• •4 'e a3.E,_ 7,627 SF \ ' > n5 �• F. tDD.aO' °3�o • 5 0010'79'E 7 r vv n.i2- e r1 1.... toD.ar A D ..-1)--- i6� aAIL 'b CIS 171 o v S 169 g a on a I 3 0 6 0 4 b `C 5 1 .aw 7.209 SF n 7.125 g Vi g s alo Z tJ�� 15 pE aqO e ~ z 7.DOOOSF �„II°. h i-3 d , 178 ° 4 + s•e16•Da'E E 1 , x la�47'p-oi • 7,317 SF 'IF ,P 00.00' • • S 100600''E S 1J 7 Qr. 1p' 25' 29' ne+.I. .4q:144 .4 'i. • & �� 5° '1M1 & rEn• 8,103 S 203 18 M1� re, 7.500 SF 1^ I 1: 179 ,, M14 e 0'a ,L, I \ J'er 7.945 SF 1. 'v. 31.69'2?�0 N 5670'00"W 1 A 1 \ Ci5 i • 4 a•L� C9 024 10000' 1 �\� �_ Sr`c0' Jq7 a?)3, s 00!6'00.E -to.ar •f• / CII 7100' 202 1h \ d' '. 180 / 3400. C20 CID a 7,067 SF I '1' 4 1 �j 8,457 SF A' 21.40' 31.56 7 I \ 'T� 4:4""§,1, /•'/?fir 5 7714'07'W 8 S 6?. \ YT s. g n 10117 :-�7Q1 �6 0S6- LEGEND \'?4r. Gl• 0'P '30.. / °; '• 64• F SF DENOTES SQUARE FEET I.N n �{ Lr / 0 DENOTES SET 5/0"a 30'NON ROD NM TELLOM PLASTIC \ , 4'0' 7 �c 181 i e 182 201 CAP IN- .BED'ALPHA E.G.,YVG'. \J� F�� J'J, 0'£-.3' 93,949 SF z 7.343 SF N..C1 ., Tr 7,797 SF • DENOTES FDUN0 5/6'NON R00 NTH 1ELL09 PLASTIC CAP NSCAIBEO ALPHA COG.,INC'UNLESS 0711ER•SE NOTED. ,' �,7• C4 J" 8.i • DENOTES 5(6'.30'NON R00 9111 ALUMINUM CAP \ '{}e 90.00' .\ 3} INSCRIBED ALPHA[NQ.,WG'70 K POST MONVMENTED \ 012 O 06.11• 5 033027'• ?$.4, 50.01E 1•-50' 156.01' 21 • DENOTES 5(8'4 30'NON 600 NTH YELLOW PLASTIC CAP \ JJ, 'T7 INSCAIBEO ALPHA ENG..INC'TO BE SET NT IN THE ?�/ 1 83 C22 b0 0' I TIME SPECIFIED N THE SURVET0'S CERTIFICATE. 4� 0 SET ON \ ` A 0,739 SF 1°" S�7r O INSCR 02'61,1E ENC INC.'TO bE PC57 MOMIMEN:14 9 LTR�T N DAP \ ��}4 C2Ata'A / 'T4ey75,, , (R) DENOTES RADIAL SEARWG \ $. /`1• CURVE I RADIUS 1 LENGTH ,J CHORD 1 BEARING I DELTA AY N. \� "•V t4-k �s 02 573.00' 260.64 255.4g 5 51'02'17'C 2693.42' \ 43t..1E1 8' 41 C3 •77.50' 224.50' 222.43 S 24'3296'E 263615' 43747- 1 84 3 CA 7300' 66.15' 61.49' 5 3110'30'E 6S'49'00' C2 \4- f' REGISTERED tl 1100' 23.56' 21.21' N 46'43'52'E 9090'30' \ 7,620 SF ^f OR 7500". 63.71' S 6396'00'E 5016100' Q 6D PROFESSIONAL Cl 75.0000 15.06' 15.03' 5 0491'14'E 117011" c'S� R Q (C d/. •� LAND SURVEYOR 0'0 12509; 06.DO' 356&_1_06:31'10-E 1673'06' -ry( �sjeb 'R C26 a,* < CO 125.00 3&17'--36.02'-I-41.4510'5-17,•045' J. 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OREGON 01 140.00' 30.56' 30.66' 3776 04'C 0316'37 7b \ f 4*1 OS 1w CI 407.00' 07.84' 97.60' 1290'19"E 1]'40'9• b• MIOiAEL R.GARS C14 4100(1 49.0? 01'4430' E 06"0'59" •,>. \ 2440 Cli 407.00' a5.55 45.6] ]4'9'17'E 00 (Y CIS 407.00' 69.93' 69.75' 2313'20'E 1239'35' 5" 017 7500 36.95' 30.511' 23-53'r4'E 2613'4 ‘1,5,e 010 125.00' 50.18' 50.34' 265726'E I31YSe 7 C1• 12200' 50.00' 49.67 663126'E 2235'00' O I NEM6T CERTWI'THAT DOS TRAGJNC IS A TRUE AND EIACT C20_ 725.00' 21.46' 21.47' 1320'34.5 0031'09' COPY Of THE PLAT O<'MpLI1NG GALL Ho 0• 021 X5_00• 50.00' 4.61 3078 le E 223000" C22 125.00 30.00' 30.80' 57'00'30'E 149016" Ate; `'lam/ -- C23 100 00' 114.er 100.66' 3110'38'E 05'49'00' l/� G��V e9 100.00' 57.73' 64.95' 13'06'06'E 501600' wawa.R.GATES P.LS.2446 025 100.00- 86.35' 67.096'0e'E 30'44'0D' 026 540.00' 69.81' 99.61 5"46'25'E 10'35'26' . 077-- 54p.00 114.93' 114.71' 57 E 12109' PDF created with pdfFactory Pro trial version www.pdffactory.com U 0 PLAT BOOK NO, 79 •PACE 39 -..‘ET 2 OF 3 n' MORNING HILL No. 8 -, 0) CD SITUATED IN THE N.E. 1/4 OF SECTION 4 Q T. 2 5., R. 1 W., W.M. CITY OF TIGARD, WASHINGTON COUNTY, OREGON SURVEYED:NOVEMBER lint 1991 ALPHA ENGINEERING, INC. LEGEND BASIS OF BEARINGS AND BOUNDARY DETERMINATION PLAZA WEST,SERE 250,9600 5*OAR PLAT OF NORMNG Ma.Ne.6 MORNING HILL Ne.7 M40 SURVEY Na.22.729 PLAZA WE, OREGON 97223 / DENOTES SET 5/5',30'FON BOO MIN 7ElLOW PLASTIC IZ *696NOTON COUNTY SURAT RECORDS CAP 105 INSCRIBED'ALPHA DN' NC'. • DENOTES FOUND 8/6•640N ROD WIN TELLO0 PLASTIC CAP CD C PLAT RESTRICTIONS:WIDE PNS: CURS TAKE INSCRIBED'Aiwa ENG.NC'MUSS OTHERWISE NOTED. 1.AN 6.00 0001 WIDE pUBUC UTILITY EASEMENT SHALL 0051 ALONG A11 LOT ■ DENOTES 5(B',30•NON ROO MTH ALUYINw CAP 0 • LINES ABUTTING PUBLIC STREETS. LURK I RADIUS I UiN&]!11 } ONORO J BEARING I DELTA INSCRIBED ALPHA ENG..PC.'TO BE PO51 YONUYI]11ID O L SUBJECT Tp 4111,5 r COVENANTS ANN COUNTY DEED AS RECORDS iD N c29 10°.00 iJ.Oa 15300 S 2073'30'w 361!7'17', IN STREET. DOC NO. 7Lf YSFC WASHINGTON COUNTY DCED RECORDS CTC 100,00' 29.46' 29.35' 5 4723'30'w 1037'45' • DENOTES 5(E' 30•IRON RW M7N ttLLOw MASTIC CAP 1 DIRECT ACCESS TO to WALNUT STREET k S W.13506 AVON(FROM 1015. C3- 100.00' 27.34' 51.77' N 7270'31'w 30TR1'O5' INSCRIBED ALPHA OHC.NC'TO BE OCT 0.M THE 175-181,163-191,IS PRO6091ED Cl; 175.00' 71.52' 71.03' S 75'47.39'C 73'25'00' INS(IBE AL N THE.646.'ITO'S CERTIFICATE.796 C3.2 150.00' 61.30' son' 675.47'38'( 7375'00' SET ON 4.PRIOR TO RROVAL It ANY TREE DYER(6)9%INCHES N CALDER. CIS 17�5,W� 60,96' 60.34' 9 9711351-w 2736.34' -'7 FRITTER APPROVAL SHALL BE OBTAINED FRO.THE PLANNING DEPApTYENT, Cj,pq 23.54' 16.21' N 8026'57'E 90Y5'0 O DENOTES MONUMENT BM 5/6',30'NON Roo WITH N.IM410 CAP O CITY OF TGARD. Cr J' is ac Il.SF' 71.21' N 1026'52'E 9090.0e- NSCR{BED'ALPHA ENC.NC'10 BE 0051 minIUMENTED N STREET. r� C39 13.0°' 23.56' 21.21' N 79'30104'W 509090• co-o NOTES: CA 75.00' 11.63' 11.62' 5 5,'03'2"0 08'5300' --- 1.iNFAC IS NO KNOW GEODETIC CONTROL MONUMENT MOM ONE-NAIf MLLE C4C 75.00' 97.74' *21,321i S 2•121:72"w 1497'00" W TM BOUNDMT OF lWS FLAT. C-A• 20.00' 31.41' 28.28 S 47•336 ( 893936 042 540.90' 61.79' 64 264 5 6776'46'C 06'4976' • 1 1075 le{-1N,771-174.195-107.GALL NAVE AN CO146 RNRIT TO USE 043 540.00' 79.49' 78.42 S 7524'25'E 06'24'03' O AND AN OBLIGATION TO OPOIATE ANO YAJNIAN THE PRIVATE DRAINAGE CM 240.00' 77.31' 76,95' 5*17035'C 0510'17• ICGS7ERED FAOUIIES WITHN THE PRIVATE OR PUBLIC DRAINAGE MEKNES AS 91°WN. 04r 70.00' 31.4.2 28.29' N 8334 a-E 901%1'11' --9 C46 125.00' 38.71' 37.96' S 11'13'53'W 17-23'024, PROFFS90NAL �_ 1190 GENERAL CL N OF THAT EASEMENT 9 PORTLAND BOO 04- 15.00' 43.00 20.67' N 2497'1)'w 88.10'13 • LAND SURVEYOR PAGER 0 ELECTRIC AND RECORDED N DEED BOOR NB. C46 75.00' 25.26' 25.11 II 77.51'!4-w 1977? O PAGE 505,E9 9 PEAT CON 7E MR 200.00' 25.26' 25.24' 5 8333'0{E 0714 11 '/%i. 4 R- A. A S1A01V151064 PEAT CONSENT pFFT V1T FROM U.S CS- 200.90 56.48' 56.79' 5 7310'37 6 1610'45' �A'LCf /o6F��/ ***L2 6ANCORP MORTGAGE CONPANY,DOCUM A TN.. DEED DCKFIOIIR7 125.00' 3.9? 3.96' 534'35'°5'* 01.451'25?' {3'S p1EDON HAS BEEN RECORDED N DOCUMENT 064 9/06 415,7 O�°�O� {LY s 1N0 WASMN61 ON COUNTY DEED RECORDS IROIALL R OATCS 7445 • h \ $6 t.�4*9.` 'yA� °\>o.?13056' 4 ' d' 4) I HEREBY MITT THAT 1115 TRACING IS A MLR AND EXACT :f4AP�9,�' 4 8 4V� E7 C9PY Cr 111f(UT OF•NowLNS 141 110.0 / �-756?CRl7f 5 j A� �� O / ` �1 4"fM°s°R447'<'° 0 .°1('637 SJj .W ..i.\."74'1'4 4 '6 � / X�/ 0V ti' LOO 2707 \ 3� h� 4s. NIOIA[l.R GAT°3 3'.15.2069 p..,. ,f 7,370 SF 6 ��.3r S 8730'08' (153.02' �D°7 \2 s 194 �°�. Q " 8 M1b o • ?y 31.60' 75.00' 46.47' ,e7� '15 %7.625 SF 233' 4� TRACT 4-e D0b' y 199 ..; °� q,• , ME' �" 7.0,7 SF n s p rY7 195 i,' r '' 'm / 7t 1J ate-A yM1 n 198 '" 197/ J'>J. 7.613 5F i°t6 00.E .O'4. ,l ‘). '• n° •00. 6.677 SF n : 7.600 SF j o V, o,7:T Pi. 4 O.a J`.•8e �� 3RD {'?7' N 9.850 SF , '�- •10'� '� ,n5yd�yF�3 � nW J R ,< 15.00'12' i A, �5 s a o� ? >q 'Q(� 'h /yu ,d5 .. 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W, Y3266'- i I - - - - - :mg-- - s 1sr_o,79 0.DV^�I BIRD REF. 06907 --111 3erviEe Povidr Lete r "Iik(4}May. 11. 2009 1 :53PM Ha ; McMa No, 0025 P. 1 ii,■ [i 1 EBTTN `�� MAY 1 1 2009 _ID CleanWater Services i a Our commitment 1s clear, y CWS Fifet umber Sensitive Area Pre-Screening Site Assessment I01—M(o CG _I Jurisdiction: Property information: (exampfe 15234A601400) Owner information; TaxtotiD(s): 2S-1-04AC TL 2700 Name: Danielle Wilde . Company._ Address: 12550 SW 134th Ave Site Address: 12550 SW 134th Ave Tigard, OR 97223 Phone/F 503-318-1586 / Nearest Cross Street Eeniah Street to the north E-mail: Development Activity: Check all that apply Applicant Information; Addition to Single Family Residence (rooms,deck,garage) ❑ Name: Steve leloomquist Lot Line Adjustment ❑ Minor Land Partition ❑ Company: Harris Mci4onagle Associates Inc. Residential Condominium ❑ Commercial Condominium ❑ Address: 8740 Scoffins Street Residential Subdivision ❑ Commercial Subdivision ❑ Tigard, Or 97223 Single Lot Commercial ❑ Multi Lot Commercial ❑ Phone/FaX:So3-63g-3453 (ext 19) fax 639-1232 Other change existing adult foster care facility 1 mail seeveQhwtnc.corn to residential care facility. /r•r� Will the project Involve any off-site work: YES❑ NO© Unknown n Location and description of off-site work: Additional comments or information that may be needed to understand your project: This application does NOT replace the need for Grading and Erosion Control Permits,Connection Permits,Building Permits,Site Development Ponn(ls,DEq 1200-C Permit or other permits as Issued by the Department of Environmental Quality,Department of State Lends and/or Department of the Army COE. All required permits and approvals must be obtained and completed uoderepplicebie focal,slate,and federal law. By signing this form.the Owner or Owner's authorized agent or representa1ve,ecknowledges and agrees that employees of Clean WaterSaMces have authority to enter the protect site at all reasonable times for the purpose of Inspecting project site coed ions and gathering information related to the project si(e. I certify thal I am(-antler w;th the information contained in this document,end to(he boat of my knowledge and belief,IRIS information 1s true,complete.and accurate. Print/TypeName: Steve aloomeuiet Prim/TypeTltie: Land Use Planner Signature: -` .T Date: S- 1 1- 4 )q FOR DISTRICT USE ONLY ❑ Sensitive areas potentially exist on site or within 200'of the site. THE APPLICANT MUST PERFORM A SITE ASSESSMENT PRIOR TO ISSUANCE OF A SERVICE PROVIDER LETTER. If Sensitive Areas exist on the site or Within 200 feet on adjacent properties,a Natural Resources Assessment Report may also be required. Based on review of the submitted materials and best available information Sensitive areas do not appear to exist on site or within 200'of the site. This Sensitive Area Pre-Screening Site Assessment does NOT eliminate the need to evaluate and protect water quality sensitive areas if they are subsequently discovered. This document will serve as your Service Provider fetter as required by Resolution and Order 07-20,Section 3.021. All required permits and approvals must be obtained and completed under appflcebie local,State,and federal law. 3f_Awktee A$PFA_24 To to P iP -D n eased on review of the submitted materials and best available information the above referenced project will not significantly Impact the existing or potentially sensitive area(s)found near the site.This Sensitive Area Prescreening Site Assessment does NOT eliminate the need to evaluate and protect additional water quality sensitive areas if they are subsequently discovered. This document will serve as your Service Provider letter as required by Resolution and Order 07-20,Section 3.021. All required permits and approvals must be obtained and completed under applicable focal,state,end federal law. ❑ This Service Provider Letter Is not valid unless CWS approved site plan(s)are attached. ❑ The proposed activity does not meet the definition of development or the lot was platted after 9/9/95 ORS 91040(2). NO SiTE ^\ ' ASSESSMENT 0 SERVICE PROVIDER L. t I ER IS REQUIRED. Reviewed By: --.--) -i Date: ,S---II 1 C1 2550 SW ii➢isboro lllgrriyay•11tuaboro,Oregon 97125 - Phone: (605)681-5100•Fe (503)681-4939•wor v.elwnamergen cec my novelle true,2W7 PLEASE NOTE: The conference and notes cannot cover all Code requirements and aspects related to site planning that should apply to the development of your site plan.. Failure of the staff to provide information required by the Code shall not constitute a waiver of the applicable standards or requirements. It is recommended that a prospective applicant either obtain and read the Community Development Code or ask any questions of- Caty'staff relative.to Code.requirements. prior to submitting an application. AN ADDITIONAL PRE-APPLICATION FEE AND CONFERENCE WILL BE REQUIRED IF AN APPLICATION PERTAINING TO THIS PRE-APPLICATION CONFERENCE IS SUBMITTED AFTER.A PERIOD OF MORE THAN SIX (6) MONTHS FOLLOWING THIS CONFERENCE (unless deemed as unnecessary bythe Planning Division). PREPARED BY: CITY'OF TIGARD P G DyOisioN - STAFF PERSON HOLDING PRE-APP.MEETING PHONE: 503-639-4171 FAM 503-624-3681 DIRECT: 503-718---213y— EMAIL- 03-718-_ 21EMAIL: � Qa*rd Or-gov TITLE 18(QTY OF TIGARD'S COMMU rI YDEVELOPWIS7 CODE)INTERNET ADDRESS: www.tigaxd goV I' � H\panty\masters\Pre-App Nous Residenj aldoc Updated: 27-Feb-08 ,(Engiaee*section:preapp.e4 QTY of-nGAm Pre-Application Conference Notes Page 9 of 9 ResidmralA}+plkxdan/Pi=Mt DIN==sec&ft Page 1 of 1 Steve Bloomquist From: Brown, Jason [JBrown2 @wm.coml Sent: Tuesday, November 10, 2009 12:24 PM To: Steve Bloomquist Steve, With no change in service needed at 12550 SW 134th Ave.Waste Management has no issues with the proposed changes. Regards, Jason Brown Roll-Off/Commercial Route Manager Waste Management of Oregon Office-503-992-3013 Fax-503-357-4822 jbrown2 @wm.com Waste Management is North America's largest recycler, We processed enough recyclables to fill the Empire State Building more than eight times last year_ Waste Management recycles enough paper every year to save 41 million trees. By not printing this email, you can help save even more_ 11/10/2009 1. ' 'FAIIIPPII,' k • / , s- , .......... „ ,,,„„, _rw• " J ..-'ter, u , - I :T - f xtfr View facing north along SW 134th Ave. The subject site is on the right hand side of this picture. 1 , 4 r.. i r lh a i �+ _•_ ki(..- A t4 4,.' rt ■ w. k View facing south along 134111 Ave. The subject site is on the left hand side of this photograph. 2 - s , __,_ I_ i_ !Air. 411111-6114. 3.- r 1 [ AIIIIII- View facing the front of the house looking across SW 134th Ave. 3 //&rrcth ve_ 12550 SW 134TH AVENUE CONDITIONAL USE WRITTEN NARRATIVE CITY OF TIGARD TABLE OF CONTENTS Applicant and Consultants 3 Zoning Map 4 Aerial Photograph 5 Requested Approval 6 Background Information and Definitions 6-11 Existing Conditions 12 General Site Information 13 Project Description ..14-15 Applicable Policies and Findings 16-57 Impact Study .58 2 Applicant/Owner: Danielle Wilde 12550 SW 134th Avenue Tigard, Oregon 97223 Contact: Danielle Wilde Phone: 503-318-1586 -Planning/Engineering/Surveying: Harris-McMonagle Associates, Inc. 8740 SW Scoffins Street Tigard, Oregon 97223 Contact: Steve Bloomquist Phone: 503-639-3453 Fax: 503-639-1232 Property Description: Washington County Assessor's Map 2S-1-04AC, Tax Lot 2700 Site Address: 12550 SW 134th Ave Site Size: 0.17 Acres Zoning: R-25 (Medium High Density Residential) 3 WESTBURYTER CHOONPYRloC f Sr 5cor vrL Ik Hit � rs 8N., r [), x > EIUEN DR m fNISH R 12 ;EE BENISH Si '- -AF'�411}f L > J MARCIA DR I i x U B UNiff Sr � � p at It-4.S W/ 1 th \ '"...., 11-25 i _ SITE R-i ra. —mL_.__ T_.- r , t 2 _ f Fr µ— I Cream w w.,o nw,Resource Centex,wnreMap,w.w.mrre-.gw.ayr�c 0 33 ; ZONING AND VICINITY MAP 4 4. r ,77'p .„„,—......-11.4 I& - ill i 1114,‘".......alyA 1 IiiIiil ilk At, e. �, mak ---.--1,* . '. _. . ' .4 . -4 , , swam 110. ' ' ' ').�- pi*. ,.66....rt...,,A \\;;)"e ...,„_fr.' V gp[u.,..ffit -• * gym ► it. 4 i s N ii, . --0- 1, ,ilki-94\ ., , _Wu .OMMOWN CrY/Y IIsuWLo.1Mw F d JYYtagon. g;Ott s, AERIAL PHOTOGRAPH BACKGROUND INFORMATION -The owner and applicant is currently licensed by the State of Oregon to operate an Adult Foster Care Home for the property located at 12550 SW 134th Ave. The State of Oregon defines "Adult Foster Homes(AFH)" as any family home or other facility in which residential care is provided in a home-like environment for compensation. By State law Adult Foster Home care can be provided to five or fewer adults who are elderly or physically disabled and are not related to the licensee or resident manager by blood,marriage or adoption. For the purpose of the State definition, adult foster homes do not include any house, institution, hotel or other similar living situation that supplies room or board only, if no resident thereof requires any element of care. Adult Foster Homes offer and coordinates a range of supportive services which are available on a 24-hour basis to meet activities of daily living(ADL's) for each individual,to provide for the health, and social needs each resident as described in the State of Oregon rules and regulations for Adult Foster Homes. For each individual a program approach is used to promote resident self-direction and participation in decisions that emphasize choice, dignity, individuality, and independence. The City of Tigard allows home care to be provided to five or fewer individuals as a use permitted outright within all residential zoning districts per allowed use table 18.510.1. With 5 these in mind Adult Foster Homes are allowed outright requiring no land use review. Adult Foster Homes are licensed and regulated by the State of Oregon. The City of Tigard considers caring for more than six individual (6) as"Group Living". Home care of six or more individuals is a use permitted on a case by case basis subject to a Conditional Use Review. The State of Oregon categorizes homes that care for more than five individuals Residential Care Facilities. Residential Care Facilities are also licensed and regulated by the State of Oregon. REQUESTED APPROVAL(S) The purpose of this application is to request two(2) concurrent preliminary land use approvals; (1.) Conditional Use Permit to allow more than six elderly and disabled individuals to be cared for. -The type of Conditional Use proposed(care of more than 6 people)requires the applicant to obtain new licensing from the State of Oregon for a Residential Care Facility. The State of Oregon defines"Residential Care Facilities"as a building, consisting of shared or individual living units in a homelike surrounding where six or more seniors and or adult persons with disabilities may reside. (2.) A concurrent Special Adjustment to the onsite parking requirements to allow one less parking space than the current parking regulations require. *As part of the Conditional Use Permit the applicant proposes to restrict the care provided in her home to allow for elderly care only. Elderly means an individual who is 62 years of age or older. In addition to the use restriction proposed the applicant will accept any reasonable limitations or use restrictions that the City deems necessary to apply as part of the Conditional Use Agreement. *Also as part of this application the applicant proposes to dedicate 2 feet of additional right- of-way along SW 134th Ave. The applicant proposes some minor interior site improvements in order to bring the site into conformance for the proposed use. The proposed improvements will be discussed in a following section in this narrative. No exterior building modifications are proposed to the exterior of the home on the subject site. ADDITIONAL BACKGROUND INFORMATION It is important to note that the type of use proposed by the applicant requires work concurrently with both City of Tigard and the State of Oregon. The State requires the applicant to obtain a new license to allow the change from Adult Foster to a Residential Care Facility. The applicant has submitted the necessary documentation to the State for preliminary review to obtain the new license for a Residential Care Facility. The application with the State is pending approval of this Conditional Use application with the City of Tigard. 6 It is important to understand that Adult Foster Homes are very similar in nature to Residential Care facilities as they both offer and coordinate a range of supportive services for the elderly and disabled. Services for each type of home are available on a 24-hour basis. Special services are provided to each individual to meet the health and social needs of each resident. A program approach is used to promote resident self-direction and participation in decisions that emphasize choice, dignity, individuality, and independence. The major difference between Adult Foster Homes and Residential Care facilities is that Adult Foster Homes allow for the care of five or less individuals and Residential Care Facilities allow for the care of more than 6 individuals at any given time. It is important to note that the City of Tigard has not yet specifically defined the terms Adult Foster Home or Residential Care Facility within the definitions portion of the Community Development Code. The City of Tigard categorizes these types of homes as"Group Living" arrangements. The senior and Disabled Services Division(SPD) serves senior citizens and other people with disabilities through programs that encourage independence, dignity, and quality of life. Services are provided through State field offices and other Area Agencies such as Washington County. The SPD created the Community Based Care Team in 1997. This division is responsible for developing the policies and Oregon Administrative Rules covering the operations of Adult Foster Homes, Residential Care Facilities, Continuing Care Retirement Centers, Assisted Living Facilities and other types of in home services for the elderly and disabled. The Community Care Team performs random monitoring of all homecare facilities. All complaints or violations are investigated by a Corrective Action Team. The Corrective Action Team evaluates the complaint to determine if the complaint is valid and if a State Administrative Rule has been violated. If needed,the Corrective Action Team then determines the appropriate sanction or corrective action to impose on the facility or individual based the infraction or violation. All home based care facilities are required to be licensed by the State in order to begin operations. No home based care facility license is transferable to any location, other facility, new management agent or other ownership, other than that indicated on the license to the licensee. The licensee and prospective licensee must notify SPD in writing 60 days prior to any change in ownership or management. Upon any change in ownership SPD will conduct the necessary background checks on the prospective licensee to ensure they are properly licensed and qualified. SPD will notify the buyer and seller in writing if the change in ownership will be allowed. All licenses must be renewed on an annual basis. All care facilities licensed by the State which care for seniors and People with Disabilities will neither assume a descriptive title nor be held under any title other than what is permitted within the scope of its license. The State licensing process consists of a background check on the applicant, and on on-site facility inspection to ensure that the facility will meet health and safety standards. When it has been verified that the applicant has the proper qualifications, credentials and training the licensing agency issues a license which is valid for one year. The State further conducts evaluations on an annual or bi-annual basis. Deficiencies are cited and monetary penalties can be assessed if the facility does not come into compliance with applicable laws or regulations. In addition the State licensing agency investigates complaints and addresses the concerns of neighbors and other community members if needed. 7 Certain types of care facilities are for persons defined by Federal law as being"handicapped" which includes those having physical or mental impairments, or those recovering from alcoholic or substance abuse. These types of care facilities are different supportive group living arrangements where special care services are provided and different State Licensing is required. Homes for those affected by addictions are categorized as Adult Treatment Facilities. It should be noted that during the preparation of this application a few neighbors had expressed concerns as to the type of people who could be cared for if the City allows the Conditional Use Permit.Neighbors had concerns that the change in use would open the door for the applicant to provide addiction treatment services or support other types of transitional housing arrangements. It is important to note that the type of people that will be cared for will not change as a result of this application. The State licenses each individual based upon their care qualifications and with respect to the amount of individual living space and other facilities(i.e. bedrooms, bathrooms etc.) in each home that can be provided to each individual. The applicant specializes and is licensed to provide care for the elderly and others with disabilities and has no intentions of providing addiction or other types of services. In an effort to alleviate these concerns the applicant has offered to limit the care provided in her home to allow for elderly care only. The State of Oregon defines elderly as an individual who is 62 years of age or older. In addition to the proposed use restriction the applicant will accept any other reasonable limitations or use restrictions that the City and or others deem necessary to apply as part of the Conditional Use Agreement. IMPORTANT STATE OF OREGON DEFINITIONS (3) "Activities of Daily Living(ADL)" means those personal functional activities required by an individual for health and safety. For the purpose of these rules, ADL's consist of eating, dressing and grooming, bathing and personal hygiene, mobility(ambulation and transfer), elimination (toileting, bowel and bladder management),and cognition and behavior management. (a) "Independent" means the resident can perform an ADL without help. (b) "Assist" means the resident is unable to accomplish with all tasks of an ADL, even with assistive devices,without the assistance of another person. (c) "Full Assist" means the resident is unable to do any part of an ADL task, even with assistive devices, without the assistance of another person. This means the resident requires the hands-on assistance of another person through all phases of the activity, every time the activity is attempted. Services that are currently provided to assist the resident in performing all activities of daily living on a 24 hour basis include; A. Assistance with mobility, including one person transfers; B. Assistance with bathing and washing hair; C. Assistance with personal hygiene (shaving, and caring for the mouth); 8 D. Assistance with dressing and undressing; E. Assistance with grooming(nail care and brushing/combing hair) F. Assistance with eating; G. Assistance with toileting; H. Intermittent cuing, redirecting and environmental cues for cognitively impaired residents and; I. Intermittent intervention, supervision and staff support for residents who exhibit behavioral symptoms; J. Medication administration K. Household services essential for the health and comfort of the resident that are based upon the residents needs and preferences (floor cleaning,bed making dusting etc.) All facilities must provide or arrange for the following: A. Transportation for medical and social purposes. B. Ancillary services for medically related care(physician,pharmacist,therapy,podiatry, barber or beauty services, social or recreational opportunities,hospice and home health and other services necessary to support the resident. * Both Adult Foster Homes and Residential Care facilities must provide these types of services to each elderly of physically disabled individual that they care for. All facilities upon a resident moving in must provide an initial screening: A. The facility must determine whether a potential resident meets the facilities admission requirements. B. Prior to moving in the facility must conduct an initial screening to determine the prospective resident's service needs and preferences. The screening is to determine the ability of the facility to meet the potential resident's needs while considering the needs of the other residents already at the facility and the facilities overall service capability. C. Prior to move in each resident must provide the following minimum information: a. prior living arrangements b. emergency contacts c. resident, family and social support d. legal, financial relationships e. health and social service providers 9 f. Visits to health practitioners, ER, hospital or nursing facility in past year g. Mental Health issues-Depression,thought disorders,mood problems, history of treatment, h. Cognition, including; memory, orientation,confusion, decision making abilities i. Communication and sensory; hearing,vision, speech and ability to understand and be understood. 411-050-0400 ORS Definitions (25) "Disabled" means a person with a physical,cognitive, or emotional impairment which, for the individual, constitutes or results in a functional limitation in one or more activities of daily living. 443.400 Definitions for ORS 443.400 to 443.455.As used in ORS 443.400 to 443.455 and 443.991 (2),unless the context requires otherwise (5)"Residential care facility"means a facility that provides, for six or more socially dependent individuals or individuals with physical disabilities,residential care in one or more buildings on contiguous properties. (9)"Residential treatment facility"means a facility that provides, for six or more individuals with mental,emotional or behavioral disturbances or alcohol or drug dependence, residential care and treatment in one or more buildings on contiguous properties. (12) "Treatment"means a planned,individualized program of medical, psychological or rehabilitative procedures, experiences and activities designed to relieve or minimize mental, emotional,physical or other symptoms or social,educational or vocational disabilities resulting from or related to the mental or emotional disturbance,physical disability or alcohol or drug problem. [1977 c.717 §1; 1987 c.548 §1; 1989 c.224 §95; 1989 c.488 §1; 1991 c.801 §1; 2001 c.900 §183; 2005 c.22 §306; 2007 c.70 §245] 443.405 Exclusions from definition of"residential facility." For purposes of ORS 443.400 to 443.455 and 443.991 (2), "residential facility" does not include: (1)A residential school; (2)A state or local correctional facility, other than a local facility for persons enrolled in work release programs maintained under ORS 144.460; (3)A youth correction facility as defined in ORS 420.005; (4)A youth care center operated by a county juvenile department under administrative control of a juvenile court pursuant to ORS 420.855 to 420.885; (5)A juvenile detention facility as defined in ORS 419A.004; (6)A nursing home; (7)A hospital; (8)A place primarily engaged in recreational activities; (9)A foster home; or (10)A place providing care 10 443.410 License required.A license issued by the Department of Human Services is required in order to operate or maintain any residential facility for persons who have developmental, physical or psychiatric disabilities or are socially dependent or alcohol or drug dependent. In the case of a combination of residents,the category of licensure shall be determined by the Director of Human Services. [1977 c.717 §3; 1983 c.510 §19; 1989 c.224 §96; 1989 c.488 §2; 1991 c.801 §2; 2007 c.70 §246] 443.445 Persons admissible at facilities and homes; transfer of persons requiring certain treatment; operation of facilities by persons relying on spiritual means for healing. (1)No residential facility or home shall admit individuals who require continuous nursing care except as provided in subsection(3) of this section. (2) Except as provided in subsection(3)of this section,if any resident of a residential facility or home requires nursing care for eight or more consecutive days or a physician or the designee of a physician or a registered nurse certifies that continued nursing care is required, the resident shall be transferred to an appropriate health care facility for as long as necessary. (3)A resident of a residential facility or home who requires nursing care in addition to training,treatment or care needs,or any combination thereof, may be served by that facility or home with approval from the Department of Human Services and in accordance with the rules of the department and consistent with rules adopted by the Oregon State Board of Nursing under ORS 678.150 (9). (4)No residential facility or home shall admit individuals of categories other than those designated on its license without prior written consent of the department. (5) In the case of residential facilities or homes supervised by and operated exclusively for persons who rely upon prayer or spiritual means for healing in accordance with the creed or tenets of a well-recognized church or religious denomination, no medical,psychological or rehabilitative procedures shall be required. [1977 c.717 §5; 1991 c.292 §2; 2001 c.900 §185] 443.480 Definitions for ORS 443.480 to 443.500. (1) "Elderly"means an individual who is 62 years of age or older. (2) "Disability"means a physical or mental impairment which for the individual constitutes or results in a functional limitation to one or more major activities of daily life. [1989 c.581 §5; 2007 c.70 §248] City of Tigard CHAPTER 18.120 Applicable Definitions Conditional Use -A use which may be permitted by the approval authority following a public hearing,upon findings by the authority that the approval criteria have been met or will be met upon satisfaction of conditions of approval. Permitted use- Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district as provided in the development code. "Residence"-A structure designed for occupancy as living quarters for one or more persons. The term is synonymous with"dwelling unit." Group Living-No definition listed in Chapter 18.120. A definition has been provided above in this narrative. 11 Residential Care Facility-No definition listed in Chapter 18.120. This definition is defined by the State of Oregon who licenses these types of facilities. Adult Foster Care-No definition listed in Chapter 18.120. This definition is defined by the State of Oregon who licenses these types of facilities. EXISTING CONDITIONS: The subject site is located at 12550 SW 134th Ave in the City of Tigard, Oregon. It is specifically identified as tax lot 2700 on Washington County Tax Assessors map 2S-1-04AC. The site is 0.17 gross acres (7,209 square feet) in size and irregular in shape. The current owner/applicant purchased the house in 1993 and improved the interior home for the sole purpose of converting the residence into an Adult Foster Home. The State of Oregon subsequently licensed the home to operate as an Adult Foster Home care. The home currently contains 7 bedrooms with 8 beds, 3 bathrooms, a living room, kitchen and dining area. The front rear and side yards of the site have been landscaped with planter beds, shrubs and trees. The site is generally flat but, slopes from the south towards the northeast at varying degrees. An existing conditions plan and site photographs have been included with this application to further document existing conditions on and around the site. The subject site is located within the R-25 zoning district. The purpose of this zoning district is to provide appropriate locations to accommodate existing housing of all types in addition to new attached single-family and multi-family housing on a minimum lot size of 1,480 square feet. A limited amount of neighborhood commercial uses are permitted outright and a wide range of civic, institutional and other uses are permitted conditionally as specified in the allowed uses table 18.510.1. The northern boundary of site abuts tax lot 2800 referenced from Washington County Tax Assessors map 2S 104ACA. The southern boundary of site abuts tax lot 2600 identified on Washington County tax map 2S 104AC. The eastern boundary of the site abuts one tax lot 2500 also identified on Washington County tax map 2S 104AC. All lots surrounding the site are zoned R-25 and have been developed with single family homes. The site has 135 lineal feet of public street frontage along its western boundary SW 134th Ave. SW 134th Ave is classified as a local street which travels in a north/south direction. SW 134th Ave is currently 50 feet in total right of way width or 25 feet to centerline from the sites western boundary. The sites frontage and all lots bordering SW 134th Ave has been improved with a five foot wide standard curb tight sidewalk along both sides of SW 134th Ave. Parking is also allowed on both sides of the street. The applicant is currently licensed by the State to operate an Adult Foster Home on the subject site. The applicant specializes in the care of elderly and physically disabled individuals. The subject site has been owned and maintained by the applicant for 18+years. Throughout these years the applicant has cared for many elderly and disabled individuals. During this time there have been no complaints filed due to various violations and or concerns by neighbors in the area. Over the years the applicant has gained the respect and support of many neighbors who live nearby. The applicant has included letters of support from surrounding property owners and 12 employees; these letters have been included with this application narrative as exhibits. General Site Information Political Boundaries City Tigard County Washington Co. Urban Growth Boundary Inside Zip Code 97223 Zoning Local Designation R-25 Generalized Classification Medium-Density Residential Environmental Findings Flood Plain(FEMA 100 yr.) Outside Fire Protection Tualatin Valley Fire&Rescue Parks City of Tigard School District Beaverton No.48J Sewer Clean Water Services District Water City of Tigard 13 LOTS The R-25 zoning district requires a minimum lot size of 3,050 square feet for single family detached homes. The R-25 zoning district does not have an average width or specific depth dimensional requirement. This zoning district allows for a maximum building height of 45 feet. Minimum setbacks for single family detached units are 15 foot front and rear yards, 5 foot side yards and 20 feet to the front of the garage from the property line. The R-25 zoning district also allows for up to 80% of the site area to be developed with a minimum requirement of 20% of the site to be landscaped. The home on the site is a detached dwelling situated on a 7,209 square foot lot. With consideration of two feet of additional right of way dedication along SW 134th Ave the resulting lot will be 6,941 square feet in size. The resulting lot will meet the minimum dimensional/area requirements. The existing building on the site is one and a half stories in height. As demonstrated on the dimensioned site plan the existing building meets all front, rear and side setback requirements in the R-25 zoning district. The existing building covers 2,141 square feet of the site or 30% of it. The current amount of landscaped area on the subject site is 34%. No modifications are proposed to the exterior of the existing building. STREETS-INGRESS & EGRESS SW 134`h Ave is currently 50 feet in total right of way width or 25 feet from the sites western boundary to centerline. SW 134th Ave is classified as a local neighborhood street that travels in a north/south direction. The sites frontage along SW 134th Ave has been improved with concrete curb and sidewalks along both sides of the street. Parking is currently allowed on both sides of the street. The current 50 foot wide right of way width does not meet the current new standard for local streets which requires 54 feet or 27 feet from centerline. Two feet of additional right of way along SW 134th Ave is proposed for dedication with this application. The current improvements along SW 134th Ave also do not meet the current standard. The new standard requires a planter strip in addition to a sidewalk. Since the sites frontage and entire block along SW 134t`Ave has been constructed exclusively with curb tight sidewalk it is requested that future public street improvements to SW 134th Ave, be postponed until such a time when it becomes feasible to accomplish a larger scale of public improvements to the immediate area. The applicant requests the city allow the applicant to sign a future street improvement guarantee to be recorded prior to final occupancy. The document will guarantee future '/2 street improvements to SW 134th Ave. The City Engineering has requested that street trees be planted along SW 134th Ave. In accordance with these requirements street trees will be planted as part of this application. The trees will be planted behind the sidewalk inside the property line along SW 134th Ave spaced accordingly, as shown on the site plan submitted with this application. Two large stature trees will also be planted on the sides of the driveway (proposed to be widened) to provide a canopy effect over the driveway/parking area. Currently, access is provided to the site via an individual 18 foot wide driveway directly on SW 134th Ave. This existing access is identified on the existing conditions plan. The existing driveway currently allows for two off street parking places and is proposed to be widened to 30 feet to allow for one additional parking space. 14 PARKING Currently onsite parking is provided within the driveway which allows for two vehicles to park. Typically there is one licensed caregiver working in the home 24 hours a day, in addition to the applicant who may be there as well. All employees currently either park in the driveway or take the bus to work. The applicant/owner also parks in the driveway. Guests that come to visit do so after 9:00 am and typically spend '/z to 1 hour visiting and park along SW 134th Ave. Parking is currently allowed on both sides of SW 134th Ave. Parking at the site has never been a problem. The applicant has taken pictures throughout the week at various times of the day to document the fact that there are not conflicts with parking. If it is determined necessary the applicant will print photographic evidence with the date and time pictures where taken throughout the week. The minimum requirement for off street parking for"group living" is 1 space per 2.5 beds. With a total of eight beds in the home the applicant is required to have 3.2 (rounds up to 4) onsite parking spaces. Currently there are two existing off street parking spaces on the site. In order to accommodate for at least one additional onsite parking space the driveway is proposed to be widened to 30 feet for one additional parking space which may be needed as a result of the increase in residents. To sum up the parking arrangement with consideration of the additional parking space being provided the applicant has provided enough off street parking spaces to allow for two caregivers and a doctor to be onsite if needed. None of the residents cared for by the applicant have vehicles and arrangements are made for them to be picked up and dropped off to appointments. Since the fractional space requirements is so minor in nature (0.2) and the appropriate amount of off-street parking can be provided for the number of employees and or others who may visit the site, the applicant respectfully requests a Special Adjustment to allow three onsite parking spaces in lieu of 4. It should be noted that a few residents had expressed concern that a parking lot or more parking than needed would ruin the residential character of the neighborhood. With respect to the existing residential character of the neighborhood and the concern of the neighbors the applicant has proposed the minimum modification necessary to allow for one additional off street parking place which will blend in with the existing driveway and allow for an additional employee to park off street if necessary. SANITARY SEWER SYSTEM The existing building is connected to the public sanitary sewer system in SW 134th Ave. No new sanitary sewer connections are proposed or needed. STORM WATER The subject site naturally slopes towards the north and northeast at varying degrees. Currently all stormwater is directed towards SW 134th Ave through weep holes in the curb. No additional storm facilities are proposed or needed as a result of this application. WATER SYSTEM A public water line is located in the SW 134th Ave. The existing building is currently connected and will utilize this existing water service. 15 Chapter 18.510 RESIDENTIAL ZONING DISTRICTS 18.510.010 Purpose 18.510.020 List of Zoning Districts 18.510.030 Uses 18.510.040 Minimum and Maximum Densities 18.510.050 Development Standards 18.510.060 Accessory Structures 18.520.030 Uses A. Types of uses. For the purposes of this chapter, there are four kinds of use: 1.A permitted(P) use is a use which is permitted outright, but subject to all of the applicable provisions of this title. If a use is not listed as a permitted use, it may be held to be a similar unlisted use under the provisions of Section 18.130.030; 2.A restricted(R) use is permitted outright providing it is in compliance with special requirements, exceptions or restrictions; 3.A conditional use (C) is a use the approval of which is at the discretion of the Hearings Officer. The approval process and criteria are set forth in Chapters 18.310 and 18.320. If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Chapter 18.230; 4.A prohibited(N) use is one which is not permitted in a zoning district under any circumstances. B. Use table. A list of permitted, limited, conditional and prohibited uses in commercial zones is presented in Table 18.520.1. 18.510.010 Purpose A. Preserve neighborhood livability. One of the major purposes of the regulations governing development in residential zoning districts is to protect the livability of existing and future residential neighborhoods, by encouraging primarily residential development with compatible non-residential development--schools, churches,parks and recreation facilities, day care centers, neighborhood commercial uses and other services--at appropriate locations and at an appropriate scale. B. Encourage construction of affordable housing. Another purpose of these regulations is to create the environment in which construction of a full range of owner-occupied and rental housing at affordable prices is encouraged This can be accomplished by providing residential zoning districts of varying densities and developing flexible design and development standards to encourage innovation and reduce housing costs. 18.510.020 List of Zoning Districts G. R-25:Medium High-Density Residential District. The R-25 zoning district is designed to accommodate existing housing of all types and new attached single-family and multi family housing units at a minimum lot size of 1,480 square feet.A limited amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally. 18.510.030 Uses A. Types of uses. For the purposes of this chapter, there are four kinds of use: 1.A permitted(P) use is a use which is permitted outright, but subject to all of the applicable provisions of this title. If a use is not listed as a permitted use, it may be held to be a similar P .f .� P aY unlisted used under the provisions of Chapter 18.230; 2.A restricted(R) use is permitted outright providing it is in compliance with special requirements, exceptions or restrictions; 3.A conditional use (C) is a use the approval of which is discretionary with the Hearings Officer. The approval process and criteria are set forth in Chapters 18.310 and 18.320. If a use is not listed as a conditional use, it may be held to be a similar unlisted used under the provisions of 16 Chapter 18.230; 4. A prohibited(N) use is one which is not permitted in a zoning district under any circumstances. B. Use table.A list of permitted, limited, conditional and prohibited uses in residential zones is presented in Table 18.510.1. TABLE 18.510.1 USE TABLE USE CATEGORY R-25 RESIDENTIAL Household Living P Group Living RI/C Transitional Housing C Home Occupation R2 P=Permitted R=Restricted C=Conditional Use N=Not Permitted 'Group living with five or fewer residents permitted by right;group living with six or more residents permitted as conditional use. 2Permitted subject to requirements Chapter 18.742. FINDING The site is within the R-25 zoning district. Group living or the care of five or fewer residents who are not related is a permitted use out right in all residential zoning districts. Group living or the care of six or more individuals who are not related is permitted as a Conditional Use. The applicant has proposes a Conditional Use to allow group living of six or more residents. 18.510.040 Minimum and Maximum Densities A. Purpose. The purpose of this section is to establish minimum and maximum densities in each residential zoning district. FINDING The applicant has not proposed a land division as part of this application,therefore the density requirements of Section 18.510.040 do not apply to this application. 18.510.050 Development Standards A. Compliance required.All development must comply with: 1.All of the applicable development standards contained in the underlying zoning district, except where the applicant has obtained variances or adjustments in accordance with Chapters 18.370; 2. All other applicable standards and requirements contained in this title. B. Development Standards. Development standards in residential zoning districts are contained in Table 18.510.2. FINDING The R-25 zoning district requires a minimum lot size of 3,050 square feet for single family 17 detached homes. According to table 18.510.2 referenced from the City of Tigard Community Development Code the R-25 zoning district does not have an average width or specific depth requirement. This zoning district allows for a maximum building height of 45 feet. Minimum setbacks for single family detached units are 15 foot front and rear yards, 5 foot side yards and 20 feet to the front of the garage from the property line. The R-25 zoning district also allows for up to 80% of the site area to be developed and minimum requirement of 20% of the site to be landscaped. With consideration of 2 feet of additional right of way dedication along SW 134th Ave the resulting lot will be 0.16 net acres or 6,941 square feet in size. The existing building on the site is one and a half stories, which is less than 45 feet in height. As demonstrated on the dimensioned site plan the existing building meets the front, rear and side setback requirements in the R-25 zoning district. The existing building covers 2,141 square feet of the site or 30% of it. The current amount of existing landscaped area on the subject site is 34%. No exterior modifications are proposed to the existing building as a result of this application. Please reference the dimensioned site plan to verify compliance with these requirements. 18.510.060 Accessory Structures A. Permitted uses. Accessory structures are permitted by right in all residential zones subject to the following: FINDING No accessory structures are proposed with this application; therefore this section is not applicable to this application. Chapter 18.330 CONDITIONAL USE Sections: 18.330.010 Purpose 18.330.020 Approval Process 18.330.030 Approval Standards and Conditions of Approval 18.330.040 Additional Submission Requirements 18.330.050 Additional Development Standards for Conditional Use Types 18.330.010 Purpose A. Purpose. 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. 18.330.020 Approval Process A. Initial applications.A request for approval for a new conditional use shall be processed as a Type IIIHO procedure, as regulated by Chapter 18.390.050, using approval criteria contained in Section 18.330.030A and subject to other requirements in this chapter. FINDING The applicant has requested approval for a Conditional Use, specifically to allow her to care for six or more elderly individuals. As part of this Conditional Use application the applicant has 18 proposed a Use Restriction to allow for elderly care only. In addition to the proposed use restriction the applicant will accept any reasonable limitations or use restrictions that the city deems necessary to apply under the Conditional Use Agreement. C. Major modification of approved or existing conditional use. D. Minor modification of approved or existing conditional use. FINDING The subject site has not yet been approved for a conditional use; therefore these sections are not applicable to this application. 18.330.030 Approval Standards and Conditions of Approval A.Approval standards. The Hearings Officer shall approve, approve with conditions, or deny an application for a conditional use or to enlarge or alter a conditional use based on findings offact with respect to each of the following criteria: 1. The site size and dimensions provide adequate area for the needs of the proposed use; 2. The impacts of the proposed use of the site can be accommodated considering size, shape, location, topography, and natural features; FINDING The current living arrangements that include 7 bedrooms (8 beds), living room, kitchen, bathrooms and other facilities within the existing home. Per the State of Oregon the individual space requirements are as follows; 80 square feet of bedroom space per resident exclusive of closets and bathrooms and no more than two residents per unit. One toilet and sink per six residents and one shower or bathing unit per 10 residents. There are other requirements such as accessibility, but these types of requirements will be reviewed by the State and have nothing to do with the Conditional use. Based on the individual space requirements just described above the applicants home has more than enough room and other facilities to provide for care of up to 8 residents. Furthermore the private back yard outdoor area provides for adequate opportunities for the residents to be outdoors in a private quiet screened setting away from the other neighbors if the residents choose to do so. In conclusion the site size and dimensions of the existing house and lot provide for adequate area for the proposed use. The impacts to the surrounding neighborhood will continue to be very limited if any with consideration of the proposed use for elderly and physically disabled care to be provided on the premises. 3.All required public facilities have adequate capacity to serve the proposal; 4. The applicable requirements of the zoning district are met except as modified by this chapter; 5. The applicable requirements of 18.330.050; and 6. 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. 19 FINDING All required facilities such as sanitary, water etc. have adequate capacity to serve the proposed use. The applicable requirements of the R-25 zoning district are shown to be met except as requested to be modified by this Chapter. The applicable requirements of Section 18.330.050 and supplementary requirements set forth in other applicable chapters of the Tigard Community Development Code will be shown to be met in a following section of this narrative. These Chapters are addressed below in this narrative. B. Conditions of approval. The Hearings Officer may impose conditions on the approval of a conditional use, which are found necessary to ensure the use is compatible with other use 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 1. Limiting the hours, days,place and/or manner of operation; 2. Requiring design features which minimize environmental impacts such as noise, vibration, air pollution, glare, odor and/or dust; 3. Requiring additional setback areas, lot area, and/or lot depth or width; 4. Limiting the building height, size or lot coverage, and/or location on the site; 5. Designating the size, number, location and/or design of vehicle access points; 6. Requiring street right-of-way to be dedicated and street(s)to be improved; 7. Requiring landscaping, screening, drainage and/or surfacing of parking and loading areas; 8. Limiting the number, size, location, height and/or lighting of signs; 9. Limiting or setting standards for the location and/or intensity of outdoor lighting; 10. Requiring berms, screening or landscaping and the establishment of standards for their installation and maintenance; 11. Requiring and designating the size, height, location and/or materials for fences; 12. Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas and/or drainage areas; 13. Requiring the dedication of sufficient open land area for a greenway adjoining and within the floodplain when land form alterations and development are allowed within the 100 year floodplain; and 14. Requiring the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. C. Exemptions. Manufactured home parks and manufactured home subdivisions are exempt from the provisions of Subsection B above. Manufactured home subdivisions are subject to approval under the provisions of Chapter 18.430, Subdivisions. Manufactured home parks are subject to approval under the provisions of Chapter 18.340, Site Development Review. FINDING No additions or modifications are proposed to the existing building therefore many of the use limitations listed above do not apply to this application. The applicant has requested approval for a Conditional Use, specifically to allow for the opportunity to care more than six elderly or individuals at any given time. As part of this Conditional Use application the applicant will accept any reasonable limitations or use restrictions that the City and or others deem necessary to apply under the Conditional Use Agreement. 18 330.040 Additional Submission Requirements A.Additional submission requirements. In addition to the submission requirements required in Chapter 20 18.390, Decision-Making Procedures, an application for conditional use approval must include the following additional information in graphic, tabular and/or narrative form. The Director shall provide a list of the specific information to be included in each of the following: 1. Existing site conditions; 2. A site plan; 3.A grading plan; 4.A landscape plan; 5.Architectural elevations of all structures; and 6.A copy of all existing and proposed restrictions or covenants. FINDING The applicant has included an existing conditions plan and proposed site plan with this application narrative as exhibits. No major site grading, landscaping (other than widening the driveway and planting street trees) are proposed therefore Plans 3-5 above have not been included with this application. As part of this Conditional Use application the applicant has proposed a Use Restriction to allow for elderly care only. In addition to the proposed use restriction the applicant will accept any reasonable limitations or use restrictions that the city deems necessary to apply under the Conditional Use Agreement. 18.330.050 Additional Development Standards for Conditional Use Types A. Concurrent variance application(s).A conditional use permit shall not grant variances to the regulations otherwise prescribed by this title.A variance application(s)may be filed in conjunction with the conditional use application and both applications may be heard at the same hearing. FINDING As described in this narrative a concurrent Special Adjustment has been requested to allow 3 parking places in lieu of 4. B.Additional development standards. The additional dimensional requirements and approval standards for conditional use are as follows: 15. Group Living: a. Minimum lot size shall be 5,000 square feet; b. Minimum setbacks shall be those in the applicable zone c. Height limitation shall be that in the applicable zone; d. Compliance with all state requirements shall be required; and e. Off-street parking shall be in accordance with Chapter 18.765. FINDING The subject site will be 6,941 square feet after right of way dedication, greater than 5,000 square feet in size and the existing home meets minimum setback and height requirements in the R-25 zoning district as demonstrated on the existing conditions plan submitted with this application. As described above the applicant is required to work concurrently with the State who is responsible for licensing care facilities. The applicant will comply with all State requirements in order to get the new licensing. The off-street parking requirements require 1 space per 2.5 beds. 21 The house will contain eight beds and therefore (3.2 rounds up to 4) off-street parking spaces are required. The Community Development Code requires fractional amounts to be rounded up when calculating parking. The applicant has requested a concurrent Special Adjustment to the off-street parking requirements to allow one less space then the development code requires. Currently onsite parking is provided in the driveway which allows for two vehicles to park. Typically there is one licensed caregiver working the home 24 hours a day, in addition to the applicant who may be there as well. All employees park in the driveway or take the bus to work. Guests that come to visit do so after 9:00 am and typically spend %to 1 hour visiting. Parking at the site has never been a problem. The applicant has taken pictures throughout the week at various times to document the fact that there are on or off street parking conditions that need to be addressed. If determined necessary during the coarse of review for this application the applicant will print photographic evidence with the date and time the pictures where taken throughout the week. In order to accommodate one additional onsite parking space the driveway is proposed to be widened to 30 feet (maximum width permitted for residential driveways) for the additional parking space which may be needed as a result of the increase in residents. The applicant has provided enough off street parking spaces with to allow for two caregivers and a doctor to be onsite if needed. None of the residents cared for by the applicant have vehicles and arrangements are made for them to be picked up and dropped off to individual appointments. Due to the fact that the fractional parking space requirement is so minor in nature (0.2) and the use of the site is light in terms of impact to the surrounding traffic system, the applicant respectfully requests a Special Adjustment to allow three onsite parking spaces in lieu of 4. It should be noted that a few residents had expressed concern that a parking lot or creating more parking than needed would ruin the residential character of the neighborhood. With respect to the existing residential character of the neighborhood and the concern of the neighbors the applicant has proposed the minimum modification necessary to allow for an additional off street parking place which can blend in with the existing driveway and allow for an additional employee to park off street if necessary. 17. Non-Accessory Parking: a. Minimum lot size shall be 5,000 square feet; b. Minimum setbacks:for structures:shall be those of the applicable zone;for parking area: five feet around perimeter of paved area for landscaping and screening purposes; c. Height limitation shall be that of the applicable zone; d. Off-street parking requirements shall be in accordance with Chapter 18.765; and e. Screening shall be in accordance with Chapter 18.745. FINDING No non-accessory parking is proposed therefore this section is not applicable to this application. Chapter 18.370 VARIANCES AND ADJUSTMENTS 18.370.010 Variances 18.370.020 Adjustments A. Purpose. The purpose of this section is to provide standards for the granting of variances from the 22 applicable zoning requirements of this title where it can be shown that, owing to special and unusual circumstances related to a specific property, the literal interpretation of the provisions of the applicable zone would cause an undue or unnecessary hardship, except that no use variances shall be granted B. Applicability of provisions. 1. The variance standards are intended to apply to individual platted and recorded lots only. 2. An applicant who is proposing to vary a specification standard for lots yet to be created through a subdivision process may not utilize the variance procedure unless otherwise specified in Section 18.730.030, Zero Lot Line Setback Standards, or Chapter 18.430, Subdivisions. 18.370.020 Adjustments A. Purpose. The purpose of this section is to establish two classes of special variances: 1. "Development adjustments"which allow modest variation from required development standards within proscribed limits. Because such adjustments are granted using "clear and objective standards,"these can be granted by means of a Type I procedure, as opposed to the more stringent standards of approval and procedure for variances. 2. "Special adjustments"which are variances from development standards which have their own approval criteria as opposed to the standard approval criteria for variances contained in Section 18.370.020.C. C. Special adjustments. 7. Adjustments to parking standards (Chapter 18.765). a. Reduction from minimum parking requirements. By means of a Type II procedure, as governed by Section 18.390.040, the Director may authorize up to a 20%reduction in the total minimum vehicle parking spaces required in Section 18.765.070.H when an applicant for a development permit can demonstrate in a parking study prepared by a traffic consultant or in parking data from comparable sites that: (1) Use of transit, demand management programs, and/or special characteristics of the customer, client employee or resident population will reduce expected vehicle use and parking space demand for this development, as compared to standards Institute of Transportation Engineers (ITE) vehicle trip generation rates and minimum city parking requirements, and (2)A reduction in parking will not have an adverse impact on adjacent uses. FINDING The minimum requirement for off street parking for"group living" is 1 space per 2.5 beds. With a total of eight beds in the home the applicant is required to have 3.2 (rounds up to 4) onsite parking spaces. Do to the special characteristics of the use the applicant requests a special adjustment to allow 3 onsite parking spaces in lieu of 4. The applicant has requested concurrent approval for a Conditional Use to increase the amount of residents that can be cared for to more than six. The use proposed will slightly increase the amount of off street parking than currently exists on the site. Currently onsite parking is provided in the driveway which allows for two vehicles to park off the street. The proposed type of use on the site has special characteristics then those typical of other business as the customers (residents) don't drive and the amount of caregivers on the site are never more than 3 at any given time. Typically there are one or two caregivers at the home at any give time. All employees park in the driveway or take the bus to work. Guests that come to 23 visit do so after 9:00 am and typically spend Y2 to 1 hour visiting and park along SW 134th Ave. Parking at the site has never been a problem. The applicant has taken pictures throughout the week at various times to document the fact that there are on or off street parking conditions that need to be addressed. If determined necessary the applicant will print photographic evidence with the date and time the pictures where taken throughout the week. In order to accommodate one additional onsite parking space the driveway is proposed to be widened to 30 feet for the additional parking space which may be needed as a result of the increase in residents. The applicant has provided enough off street parking spaces with to allow for two caregivers and a doctor to be onsite if needed. None of the residents cared for by the applicant have vehicles and arrangements are made for them to be picked up and dropped off to individual appointments. Since the fractional space requirements is so minor in nature (0.2) and the fact that the appropriate amount of off-street parking is shown to be provided for the amount of employees and or others who may visit the site, the applicant respectfully requests a Special Adjustment to allow three onsite 3 parking spaces in lieu of 4. A reduction in parking will not have an adverse impact on adjacent uses. Chapter 18.390 DECISION-MAKING PROCEDURES 18.390.010 Purpose A. Purpose. The purpose of this chapter is to establish a series of standard decision-making procedures that will enable the City, the applicant, and all interested parties to reasonably review applications and participate in the local decision-making process in a timely and effective way. Each permit or action set forth in Chapters 18.320- 18.385 has been assigned a specific procedure type. 18.390.020 Description of Decision-Making Procedures A. General. All development permit applications shall be decided by using one of the following procedure types. The procedure type assigned to each action governs the decision-making process for that permit, except to the extent otherwise required by applicable state or federal law. The Director shall be responsible for assigning specific procedure types to individual permit or action requests, as requested. Special alternative decision-making procedures have been developed by the City in accordance with existing state law, and are codified in Section 18.390.070. B. Types defined There are four types of decision-making procedures, as follows: 1. Type I Procedure. Type I procedures apply to ministerial permits and actions containing clear and objective approval criteria. Type I actions are decided by the Director without public notice and without a public hearing; 2. Type II Procedure. Type II procedures apply to quasi-judicial permits and actions that contain some discretionary criteria. Type II actions are decided by the Director with public notice and an opportunity for a hearing. If any party with standing appeals a Director's Type II decision, the appeal of such decision will be heard by the Hearings Officer; 3. Type III Procedure. Type III procedures apply to quasi-judicial permits and actions that predominantly contain discretionary approval criteria. Type III actions are decided by either the Hearings Office (Type Ill-HO) or the Planning Commission (Type III-PC), with appeals to or review by the City Council; 24 C. Summary of permits by decision-making procedure type. Table 18.390.1 summarizes the various land use permits by the type of decision-making procedure. TABLE 18.390.1 ILIA (18.390.050)Conditional Use Hearings Officer-Initial 18.330.030 -Major Modification 18.330.030 FINDING The applicant has requested approval for a Conditional Use and concurrent Special Adjustment to the onsite parking requirements. The type of reviews are Type II and III procedures per table 18.390.1. This application will be reviewed as a Type III procedure. 18.390.050 Type III Procedure A. Preapplication conference. A preapplication conference is required for all Type III actions. The requirements and procedures for a preapplication conference are described in Section 18.390.080C. FINDING A pre-application conference was held with City of Tigard staff to discuss the Applicant's proposal and to review applicable policies, ordinance provisions, regulations, and technical data that would have to be addressed for this particular land use review in the City of Tigard. The notes from this conference are included with the application submittal package. Therefore, this criterion has been met. B.Application requirements. 1.Application forms. Type III applications shall be made on forms provided by the Director as provided by Section 18.390.080 El; 2. Content. Type III applications shall: a. Include the information requested on the application form; b.Address the relevant criteria in sufficient detail for review and action; c. Be accompanied by the required fee; d. Include two sets of pre-stamped,pre-addressed envelopes for all persons who are property owners of record as specified in Section 18.390.050C. The records of the Washington County Department of Assessment and Taxation shall be the official records for determining ownership. The applicant shall demonstrate that the most current assessment records have been used to produce the notice list; e. Include an impact study. The impact study shall quantjy the effect of the development on public facilities and services. The study shall address, at a minimum, the transportation system, including bikeways, the drainage system, the parks system, the water system, the sewer system, and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards and to minimize the impact of the development on the public at large,public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication requirements, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. 25 FINDING This application addresses all the information requested on the application form, identified within the pre-application notes and all relevant criteria of the Community Development Code. An impact study, addressing the effect of this development on public facilities and services, has been included within the application narrative. The required fees have been paid. Two sets of pre-stamped and pre-addressed envelopes for noticing will be forwarded to the city at the time the applicant is notified by the City of Tigard that the application has been deemed complete. All requirements of this section can and will be met. C. Notice of hearing. 1. Mailed notice. Notice of a Type II Administrative Appeal hearing or Type III hearing shall be given by the Director in the following manner: a.At least 20 days prior to the hearing date, notice shall be sent by mail to: (1) The applicant and all owners or contract purchasers of record of the site which is the subject of the application; (2)All property owners of record within 500 feet of the site; (3)Any affected governmental agency which has entered into an intergovernmental agreement with the City which includes provision for such notice, or who is otherwise entitled to such notice; (4)Any neighborhood or community organization recognized by the City Council and whose boundaries include the site; (5)Any person who has submitted a written request, and who has paid a fee established by the City Council; and (6)In actions involving appeals, the appellant and all parties to the appeal. b. The Director shall cause an affidavit of mailing of notice to be prepared and made a part of the file, which demonstrates the date that the required notice was mailed to the necessary parties; c.At least ten business days prior to the hearing, notice of the hearing shall be given in a newspaper of general circulation in the City.An affidavit of publication concerning such notice shall be made part of the administrative record; d At least ten business days prior to the hearing, notice of the hearing shall be posted on the site by the applicant,pursuant to Subsection 2 below.An affidavit of posting concerning such notice shall be prepared by the applicant and shall be submitted and made part of the administrative record 2. Content of Notice. Notice of a Type II Administrative Appeal hearing or Type III hearing to be mailed,posted and published as provided in Subsection 1 above shall contain the following information: a. Explain the nature of the application and the proposed use or uses which could be authorized; b. List the applicable criteria from the zoning ordinance that apply to the application at issue; c. Set forth the street address or other easily understood geographical reference to the subject property; d State the date, time, and location of the hearing; e. State the failure to raise an issue at the hearing, in person, or by letter, or failure to provide 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; f Include the name of a City representative to contact and the telephone number where additional information may be obtained; 26 g. State that a copy of the application and all documents and evidence submitted by or on behalf of the applicant and the applicable criteria are available for inspection at no cost and that copies shall be provided at a reasonable cost; h. State that a copy of the staff report shall be available for inspection at no cost at least seven days prior to the hearing, and that a copy shall be provided at a reasonable cost; i. Include a general explanation of the requirements for submission of testimony and the procedure for conducting hearings. j. Contain the following notice: "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." D. Conduct of the hearing. 1. At the commencement of the hearing, a statement shall be made to those in attendance that: a. Lists the applicable substantive criteria; b. States that testimony and evidence shall be directed toward the relevant approval criteria described in the staff report or other criteria in the plan or land use regulation which the person testifying believes to apply to the decision; c. States that failure to raise an issue with sufficient specificity to afford the decision-maker and the parties an opportunity to respond to the issue,precludes an appeal to the Land Use Board of Appeals on that issue. 2. Prior to the conclusion of the initial evidentiary hearing, any participant may request an opportunity to present additional relevant evidence or testimony regarding the application so long as that evidence and testimony is within the scope of the hearing. The local hearing authority shall grant such request by continuing the public hearing pursuant to paragraph 4.a. of this subsection or by leaving the record open for additional written evidence or testimony pursuant to paragraph 4.b. of this subsection; 3. If the hearing authority grants a continuance, the hearing shall be continued to a date, time, and place certain at least seven days from the date of the initial evidentiary hearing.An opportunity shall be provided at the continued hearing for persons to present and rebut new evidence and testimony. If new written evidence is submitted at the continued hearing, any person may request,prior to the conclusion of the continued hearing, that the record be left open for at least seven days, to submit additional written evidence or testimony for the purpose of responding to the new written evidence; 4. If the hearing authority leaves the record open for additional written evidence or testimony, the record shall be left open for at least seven days. Any participant may file a written request with the City for an opportunity to respond to new evidence submitted during the period the record was left open. If such a request is filed, the hearing authority shall reopen the record pursuant to paragraph 5 of this section; a. A continuance or extension granted pursuant to this section shall be subject to the limitations of ORS 227.178, unless the continuance or extension is requested or agreed to by the applicant; b. Unless waived by the applicant, the local government shall allow the applicant at least seven days after the record is closed to all other parties to submit final written arguments in support of the application period. The applicant's final submittal shall be considered part of the record, but shall not include any new evidence. 5. When a local governing body,planning commission, hearing body, or hearings officer re-opens a record to admit new evidence or testimony, any person may raise new issues which relate to the new evidence, testimony, or criteria for decision-making which apply to the matter at issue; 6. The record 27 a. The record shall contain all testimony and evidence that is submitted and not rejected; b. The Review Authority may take official notice of judicially cognizable facts pursuant to the applicable law. If the review authority takes official notice, it must announce its intention and allow the parties to the hearing to present evidence concerning the fact; c. The Review Authority shall retain custody of the record as appropriate, until a final decision is rendered. 7. Parties to a Type II Administrative Appeal hearing or Type III hearing are entitled to an impartial review authority as free from potential conflicts of interest and pre-hearing ex parte contacts as reasonably possible. It is recognized, however, that the public has a countervailing right of free access to public officials. Therefore: a. Review authority members shall disclose the substance of any pre-hearing ex parte contacts with regard to the matter at the commencement of the public hearing on the matter. The member shall state whether the contact has impaired the impartiality or ability of the member to vote on the matter and shall participate or abstain accordingly; b.Any member of the Review Authority shall not participate in any proceeding or action in which any of the following has a direct or substantial financial interest: The member or member's spouse, brother, sister, child,parent,father-in-law, mother-in-law,partner, any business in which the member is then serving or has served within the previous two years, or any business with which the member is negotiating for or has an arrangement or understanding concerning prospective partnership or employment. Any actual or potential interest shall be disclosed at the meeting of the Review Authority where the action is being taken; c. Disqualification of a review authority member due to contacts or conflict may be ordered by a majority of the members present and voting. The person who is the subject of the motion may not vote; d If all members abstain or are disqualified, the administrative rule of necessity shall apply. All members present who declare their reasons for abstention or disqualification shall thereby be re-qualified to act; e. In cases involving the disqualification or recusal of a hearings officer, the City shall provide a substitute hearings officer in a timely manner subject to the above impartiality rules. 8. Ex parte communications. a. Members of the Review Authority shall not: (1)Communicate, directly or indirectly, with any party or representative of a party in connection with any issue involved in a hearing, except upon giving notice, and an opportunity for all parties to participate; (2) Take notice of any communication, report, or other materials outside the record prepared by the proponents or opponents in connection with the particular case unless the parties are afforded an opportunity to contest the materials so noticed; b. No decision or action of the Review Authority shall be invalid due to ex parte contacts or bias resulting from ex parte contacts with a member of the decision-making body if the member of the decision-making body receiving contact: (1)Places on the record the substance of any written or oral ex parte communications concerning the decision or action;and (2)Makes a public announcement of the content of the communication and of the parties' right to rebut the substance of the communication made at the first hearing following the communication where action shall be considered or taken on the subject to which the communication is related. c. Members of Review Authority shall be governed by the provisions of ORS 244.135 and the 28 provisions of this section; d. A communication between City staff and the Review Authority shall not be considered an ex parte contact. 9. Presenting and receiving evidence. a. The Review Authority may set reasonable time limits for oral presentations and may limit or exclude cumulative, repetitious, irrelevant or personally derogatory testimony; b. No oral testimony shall be accepted after the close of the public hearing. Written testimony may be received after the close of the public hearing, but only pursuant to the schedule and procedure announced by the Review Authority prior to the close of the public hearing, or as otherwise provided by this section; c. The Review Authority may visit the site and the surrounding area, and may use information obtained during the site visit to support their decision,provided the information relied upon is disclosed at the hearing and that an opportunity is provided to rebut such evidence. In the alternative, a site visit may be conducted by the Review Authority for the purpose of familiarizing the Review Authority with the site and the surrounding area, but not for the purpose of independently gathering evidence. In such a case, at the commencement of the hearing, members of the Review Authority shall disclose the circumstances of their site visit and shall provide the parties with an opportunity to question each member of the Review Authority concerning their site visit. E. The decision process. 1. Basis for decision.Approval or denial of a Type II Administrative Appeal or Type III action shall be based on standards and criteria, which shall be set forth in the development ordinance, and which shall relate approval on denial of a discretionary permit application to the development ordinance and, when appropriate, to the comprehensive plan for the area in which the development would occur and to the development ordinance and comprehensive plan for the City as a whole; 2. Findings and conclusions.Approval or denial of a Type II Administrative Appeal or Type III action shall be based upon and accompanied by a brief statement that explains the criteria and standards considered relevant to the decision, states the facts relied upon in rendering the decision and explains the justification for the decision based on the criteria, standards, and facts set forth; 3. Form of decision. The Review Authority shall issue a final order containing the above-referred findings and conclusions, which either approves, denies, or approves the permit or action with conditions. The Review Authority may also issue any intermediate rulings as they see fit; 4. Decision-making time limits.A final order for any Type II Administrative Appeal or Type III action shall be filed with the Director within ten business days after the close of the deliberation. F. Notice of decision. Notice of a Type II Administrative Appeal decision or a Type III decision shall be mailed to the applicant and to all parties of record within five business days after the decision is filed by the Review Authority with the Director. Failure to receive mailed notice shall not invalidate the action,provided that a good faith attempt was made to mail such notice. G. Final decision 1. Final decision, effective date and appeal. The decision of the Planning Commission or Hearings Officer in a Type III action is final for purposes of appeal on the date notice of the decision is mailed. Any party with standing may appeal a Type III decision to the City Council by filing a Notice of Appeal with the Director within 10 business days of the date notice of the decision is mailed. The Notice of Appeal shall be in the form specified in Section 18.390.040 G.2(a)(2). The procedures of Sections 18.390.050 C-F shall be forwarded in the appeal. 2. Final Decision on Appeal. The decision of the City Council on any Type III appeal is the final decision of the City and is final and effective on the date notice of the decision is mailed. FINDING 29 The applicant has read and understands her rights in addition to the process for a Type III procedure. Chapter 18.705 ACCESS,EGRESS,AND CIRCULATION 18.705.010 Purpose A. Purpose. The purpose of this chapter is to establish standards and regulations for safe and efficient vehicle access and egress on a site and for general circulation within the site. 18.705.020 Applicability of Provisions A. When provisions apply. The provisions of this chapter shall apply to all development including the construction of new structures, the remodeling of existing structures (see Section 18.360.050), and to a change of use which increases the on-site parking or loading requirements or which changes the access requirements. B. Change or enlargement of use. Should the owner or occupant of a lot or building change or enlarge the use to which the lot or building is put, thereby increasing access and egress requirements, it is unlawful and is a violation of this title to begin or maintain such altered use until the provisions of this chapter have been met if required or until the appropriate approval authority has approved the change. FINDING The applicant has proposed a change in use that results in an increase in the on-site parking requirements. Widening the driveway will slightly change the existing access into the site. The driveway is proposed to be widened to 30 feet which is the maximum width allowed for a residential driveway. The proposed driveway modification will allow for one additional parking space than could otherwise be provided. 18.705.030 General Provisions A. Continuing obligation of property owner. The provisions and maintenance of access and egress stipulated in this title are continuing requirements for the use of any structure or parcel of real property in the City. B. Access plan requirements. No building or other permit shall be issued until scaled plans are presented and approved as provided by this chapter that show how access, egress and circulation requirements are to be fulfilled. The applicant shall submit a site plan. The Director shall provide the applicant with detailed information about this submission requirement. C. Joint access. Owners of two or more uses, structures, or parcels of land may agree to utilize jointly the same access and egress when the combined access and egress of both uses, structures, or parcels of land satisfies the combined requirements as designated in this title,provided: 1. Satisfactory legal evidence shall be presented in the form of deeds, easements, leases or contracts to establish the joint use; and 2. Copies of the deeds, easements, leases or contracts are placed on permanent file with the City. 30 s FINDING The applicant has submitted site plans showing how access, egress and circulation requirements will be fulfilled. Joint access is not proposed with this application. D. Public street access. All vehicular access and egress as required in Sections 18.705.030H and 18.705.0301 shall connect directly with a public or private street approved by the City for public use and shall be maintained at the required standards on a continuous basis. E. Curb cuts. Curb cuts shall be in accordance with Section 18.810.030N. F. Required walkway location. On-site pedestrian walkways shall comply with the following standards: 1. 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; 2. Within all attached housing (except two-family dwellings) and multi family developments, each residential dwelling shall be connected by walkway to the vehicular parking area, and common open space and recreation facilities; 3. 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; 4. 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. FINDING Existing access into the site is directly onto SW 134th Ave. This access provides for direct connection onto a public street. A walkway currently extends into the site which connects the building entrance to the public street system. The walkway is paved with hard surfaced materials and lit by existing fixtures on the building. This criterion is met. G. Inadequate or hazardous access. 1. Applications for building permits shall be referred to the Commission for review when, in the opinion of the Director, the access proposed: a. Would cause or increase existing hazardous traffic conditions; or b. Would provide inadequate access for emergency vehicles; or c. Would in any other way cause hazardous conditions to exist which would constitute a clear and present danger to the public health, safety, and general welfare. 31 • 2. Direct individual access to arterial or collector streets from single-family dwellings and duplex lots shall be discouraged Direct access to collector or arterial streets shall be considered only if there is no practical alternative way to access the site. If direct access is permitted by the City, the applicant will be required to mitigate for any safety or neighborhood traffic management (NTM) impacts deemed applicable by the City Engineer. This may include, but will not be limited to, the construction of a vehicle turnaround on the site to eliminate the need for a vehicle to back out onto the roadway. 3. In no case shall the design of the service drive or drives require or facilitate the backward movement or other maneuvering of a vehicle within a street, other than an alley. Single-family and duplex dwellings are exempt from this requirement. H Access Management 1. An access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT, Washington County, the City and AASHTO(depending on jurisdiction of facility.) FINDING The site is not located along a collector or arterial street. The proposed access will not contribute to hazardous traffic conditions. The applicant has shown visual clearance areas on the site plan indicating the existing site access is safe. Utilizing an existing access into the site should not cause any hazardous traffic conditions and will not cause a clear or present danger to the public health, safety and general welfare of the general public with consideration of the local street classification. 2. Driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections.......... 3. The minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. 4. The minimum spacing of local streets along a local street shall be 125 feet. FINDING The site is not located along a collector or arterial street. No new local streets will be created to access local streets as a result of this application and, as a consequence, the requirements of this section of the Code do not apply to this land use review. I. Minimum access requirements for residential use. 1. Vehicular access and egress for single-family, duplex or attached single-family dwelling units on individual lots and multi family residential uses shall not be less than as provided in Table 18.705.1 and Table 18.705.2; 32 Minimum Access Width Minimum Pavement Width 1 or 2 units = 15'10' FINDING The applicant has proposed an access width in a residential zoning district greater than 15 feet. This standard is met. J. Minimum access requirements for commercial and industrial use. FINDING This section is not applicable to this application. K One-way vehicular access points. Where a proposed parking facility indicates only one-way traffic flow on the site, it shall be accommodated by a specific driveway serving the facility; the entrance drive shall be situated closest to oncoming traffic and the exit drive shall be situated farthest from oncoming traffic. FINDING The applicant has not proposed one way vehicular access. This section is not applicable. Chapter 18.715 DENSITY COMPUTATIONS 18.715.010 Purpose A. Purpose. The purpose of this chapter is to implement the comprehensive plan by establishing the criteria for determining the number of dwelling units permitted. FINDING The applicant has not proposed a land division. This Chapter is not applicable to this application. Chapter 18.745 LANDSCAPING AND SCREENING A. Purpose. The purpose of this chapter is to establish standards for landscaping, buffering, and screening of land use within Tigard in order to enhance the aesthetic environmental quality of the City: 1. By protecting existing street trees and requiring the planting of street trees in new developments; 2. By using plant materials as a unifting element; 3. By using planting materials to define spaces and articulate the uses of specific areas;and 4. By using trees and other landscaping materials to mitigate the effects of the sun, wind, noise and lack of privacy by the provision of buffering and screening. 18.745.020 Applicability 33 j A. Applicability. The provisions of this chapter shall apply to all development including the construction of new structures, remodeling of existing structures where the landscaping is nonconforming(Section 18.760.040C), and to a change of use which results in the need for increased on-site parking or loading requirements or which changes the access requirements. B. When site development review does not apply. Where the provisions of Chapter 18.360, Site Development Review, do not apply, the Director shall approve, approve with conditions, or deny a plan submitted under the provisions of this chapter by means of a Type I procedure, as governed by Section 18.390.030, using the applicable standards in this chapter. C. Site plan requirements. The applicant shall submit a site plan. The Director shall provide the applicant with detailed information about this submission requirement. FINDING The Applicant has proposed a Conditional Use/Change in Use will result in the need for increased on site parking therefore certain provisions of this section of the Community Development Code apply to this application. Preliminary Plans have been submitted with this application depicting the location of all proposed future street trees proposed to be planted. No additional screening or buffering is proposed as the perimeter of the site is already landscaped with combination of good neighbor fencing and mature plantings that provide for an appropriate buffer. Therefore,the criterion is met. 18.745.030 General Provisions A. Obligation to maintain. Unless otherwise provided by the lease agreement, the owner, tenant and his agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping and screening which shall be maintained in good condition so as to present a healthy, neat and orderly appearance, shall be replaced or repaired as necessary, and shall be kept free from refuse and debris. B. Pruning required All plant growth in landscaped areas of developments shall be controlled by pruning, trimming or otherwise so that: 1. It will not interfere with the maintenance or repair of any public utility; 2. It will not restrict pedestrian or vehicular access; and 3. It will not constitute a traffic hazard because of reduced visibility. C. Installation requirements. The installation of all landscaping shall be as follows: 1. All landscaping shall be installed according to accepted planting procedures; 2. The plant materials shall be of high grade, and shall meet the size and grading standards of the American Standards for Nurberg Stock(ANSI Z60, 1-1986, and any future revisions); and 3. Landscaping shall be installed in accordance with the provisions of this title. D. Certificate of Occupancy. Certificates of occupancy shall not be issued unless the landscaping requirements have been met or other arrangements have been made and approved by the City such as the posting of a bond. FINDING The current owner of the property will be responsible for the care and maintenance of all trees on 34 the property and those to be planted in the public right-of-way. Any additional landscaping if needed will be installed in accordance with accepted planting procedures. Therefore, the criterion is met. E. Protection of existing vegetation. Existing vegetation on a site shall be protected as much as possible: 1. The developer shall provide methods for the protection of existing vegetation to remain during the construction process;and 2. The plants to be saved shall be noted on the landscape plans (e.g., areas not to be disturbed can be fenced, as in snow fencing which can be placed around individual trees). FINDING The applicant has made every reasonable effort to protect as much existing vegetation on the site as possible. The vegetation to be saved will be protected using methods described above. Therefore,the criterion is met. F. Care of landscaping along public rights-of-way. Appropriate methods for the care and maintenance of street trees and landscaping materials shall be provided by the owner of the property abutting the rights-of-way unless otherwise required for emergency conditions and the safety of the general public. FINDING The owner will be responsible for the maintenance of street trees and landscaping in the public right-of-way abutting their lot. Therefore, the criterion is met. G. Conditions of approval of existing vegetation. The review procedures and standards for required landscaping and screening shall be specified in the conditions of approval during development review and in no instance shall be less than that required for conventional development. FINDING The Applicant understands this requirement and is willing to meet all reasonable conditions of approval applied to the project that relate to landscaping and screening. Therefore, the criterion is met. H Height restrictions abutting public rights-of-way. No trees, shrubs or plantings more than 18 inches in height shall be planted in the public right-of-way abutting roadways having no established curb and gutter. FINDING No trees or shrubs greater than 18 inches will be planted in the public right of way. Therefore, the criterion is met. 18.745.040 Street Trees 35 A. Protection of existing vegetation. All development projects fronting on a public street,private street or a private driveway more than 100 feet in length approved after the adoption of this title shall be required to plant street trees in accordance with the standards in Section 18.745.040 C. B. Street tree planting list. Certain trees can severely damage utilities, streets and sidewalks or can cause personal injury. Approval of any planting list shall be subject to review by the Director. C. Size and spacing of street trees. 1. Landscaping in the front and exterior side yards shall include trees with a minimum caliper of two inches at four feet in height as specified in the requirements stated in Section 18.745.040.C.2 below;; 2. The specific spacing of street trees by size of tree shall be as follows: a. Small or narrow-stature trees under 25 feet tall and less than 16 feet wide branching at maturity shall be spaced no greater than 20 feet apart; b. Medium-sized trees 25 feet to 40 feet tall, 16 feet to 35 feet wide branching at maturity shall be spaced no greater than 30 feet apart; c. Large trees over 40 feet tall and more than 35 feet wide branching at maturity shall be spaced no greater than 40 feet apart; d. Except for signalized intersections as provided in Section 18.745.040 H, trees shall not be planted closer than 20 feet from a street intersection, nor closer than two feet from private driveways (measured at the back edge of the sidewalk), fire hydrants or utility poles to maintain visual clearance; e. No new utility pole location shall be established closer than five feet to any existing street tree; f Tree pits shall be located so as not to include utilities (e.g., water and gas meters) in the tree well; g. On premises utilities (e.g., water and gas meters) shall not be installed within existing tree well areas; h. Street trees shall not be planted closer than 20 feet to light standards; i. New light standards shall not be positioned closer than 20 feet to existing street trees except when public safety dictates, then they may be positioned no closer than 10 feet; j. Where there are overhead power lines, the street tree species selected shall be of a type which, at full maturity, will not interfere with the lines; k Trees shall not be planted within two feet from the face of the curb; and 1. Trees shall not be planted within two feet of any permanent hard surface paving or walkway: (1) Space between the tree and the hard surface may be covered by a nonpermanent hard surface such as grates, bricks on sand,paver blocks and cobblestones; and (2) Sidewalk cuts in concrete for tree planting shall be at least four by four feet to allow for air and water into the root area. D. Pruning requirements. Trees, as they grow, shall be pruned to provide at least eight feet of clearance above sidewalks and 13 feet above local street, 15 feet above collector street, and 18 feet above arterial street roadway surfaces. E. Cut and fill around existing trees. Existing trees may be used as street trees if no cutting or filling takes place within the drip-line of the tree unless an adjustment is approved by the Director by means 36 of a Type I procedure, as governed by Section 18.390.030, using approval criteria in Section 18.370.020 C4a. F. Replacement of street trees. Existing street trees removed by development projects or other construction shall be replaced by the developer with those types of trees approved by the Director. The replacement trees shall be of a size and species similar to the trees that are being removed unless lesser sized alternatives are approved by the Director. G. Granting of adjustments. Adjustments to the street tree requirements may be granted by the Director by means of a Type I procedure, as regulated in Section 18.390.030, using approval criteria in Section 18.370.020 C4b. H Location of trees near signalized intersections. The Director may allow trees closer to specified intersections which are signalized,provided the provisions of Chapter 18.795, Visual Clearance, are satisfied FINDING A preliminary plan showing future tree locations has been included with this application. The plan indicates the type, size and general location of all trees to be planted. Trees have been spaced according to the guidelines. The exact location for future street trees will be determined and shown on the final development plan that will be submitted with the final drawings required for the Conditional Use Permit. Tree planting will be the responsibility of the owner, with the completion of the task tied to the issuance of the final permitting. Therefore, the criterion can and will be met. 18.745.050 Buffering and Screening A. General provisions. 1. It is the intent that these requirements shall provide for privacy and protection and reduce or eliminate the adverse impacts of visual or noise pollution at a development site, without unduly interfering with the view from neighboring properties or jeopardizing the safety of pedestrians and vehicles; 2. Buffering and screening is required to reduce the impacts on adjacent uses which are of a different type in accordance with the matrices in this chapter(Tables 18.745.1 and 18.745.2). The owner of each proposed development is responsible for the installation and effective maintenance of buffering and screening. When different uses would be abutting one another except for separation by a right-of-way, buffering, but not screening, shall be required as specified in the matrix; 3. In lieu of these standards, a detailed buffer area landscaping and screening plan may be submitted for the Director's approval as an alternative to the buffer area landscaping and screening standards,provided it affords the same degree of buffering and screening as required by this code. B. Buffering and screening requirements. 1. A buffer consists of an area within a required setback adjacent to a property line and having a depth equal to the amount specified in the buffering and screening matrix and containing a length equal to the length of the property line of the abutting use or uses; 2. A buffer area may only be occupied by utilities, screening, sidewalks and bikeways, and landscaping. No buildings, accessways or parking areas shall be allowed in a buffer area except where an accessway has been approved by the City; 37 3. A fence, hedge or wall, or any combination of such elements, which are located in any yard is subject to the conditions and requirements of Sections 18.745.050.B.8 and 18.745.050.D; 4. The minimum improvements within a buffer area shall consist of combinations for landscaping and screening as specified in Table 18.745.1. In addition, improvements shall meet the following specifications: a. At least one row of trees shall be planted. They shall have a minimum caliper of two inches at four feet in height above grade for deciduous trees and a minimum height of five feet high for evergreen trees at the time of planting. Spacing for trees shall be as follows: (1) Small or narrow-stature trees, under 25 feet tall or less than 16 feet wide at maturity shall be spaced no further than 15 feet apart; (2) Medium-sized trees between 25 feet to 40 feet tall and with 16 feet to 35 feet wide branching at maturity shall be spaced no greater than 30 feet apart; (3) Large trees, over 40 feet tall and with more than 35 feet wide branching at maturity, shall be spaced no greater than 30 feet apart. b. In addition, at least 10 five-gallon shrubs or 20 one-gallon shrubs shall be planted for each 1,000 square feet of required buffer area; c. The remaining area shall be planted in lawn or other living ground cover. 5. Where screening is required the following standards shall apply in addition to those required for buffering: a. A hedge of narrow or broad leaf evergreen shrubs shall be planted which will form a four- foot continuous screen of the height specified in Table 18.745.2 within two years of planting; or b. An earthen berm planted with evergreen plant materials shall be provided which will form a continuous screen of the height specified in Table 18.745.2 within two years. The unplanted portion of the berm shall be planted in lawn or other living ground cover;or c. A fence or wall of the height specified in Table 18.745.2 shall be constructed to provide a continuous sight obscuring screen. 6. Buffering and screening provisions shall be superseded by the vision clearance requirements as set forth in Chapter 18.795; 7. When the use to be screened is downhill from the adjoining zone or use, the prescribed heights of required fences, walls, or landscape screening shall be measured from the actual grade of the adjoining property. In this case,fences and walls may exceed the permitted six foot height at the discretion of the director as a condition of approval. When the grades are so steep so as to make the installation of walls, fences or landscaping to the required height impractical, a detailed landscape/screening plan shall be submitted for approval; FINDING All properties bordering the site are zoned R-25. A combination of fencing and existing mature trees/landscaping along all sides of the property already provide for an effective screen between properties. Preliminary Plans have been submitted with this application depicting the location of all proposed future street trees proposed to be planted. No additional screening or buffering is proposed as the perimeter of the site is already landscaped with combination of good neighbor fencing and mature plantings that provide for an appropriate buffer. Therefore, the criterion is 38 met. 8. Fences and walls a. Fences and walls shall be constructed of any materials commonly used in the construction of fences and walls such as wood, stone, rock or brick, or otherwise acceptable by the Director; b. Such fence or wall construction shall be in compliance with other City regulations; c. Walls shall be a minimum of six inches thick; and d Chain link fences with slats shall qual ifr for screening. However, chain link fences without slats shall require the planting of a continuous evergreen hedge to be considered screening. 9. Hedges a. An evergreen hedge or other dense evergreen landscaping may satisfy a requirement for a sight-obscuring fence where required subject to the height requirement in Sections 18.745.040 C2 a and b; b. Such hedge or other dense landscaping shall be properly maintained and shall be replaced with another hedge, other dense evergreen landscaping, or a fence when it ceases to serve the purpose of obscuring view;and c. No hedge shall be grown or maintained at a height greater than that permitted by these regulations for a fence or wall in a vision clearance area as set forth in Chapter 18.795. FINDING The Applicant has not proposed to build news fences, walls or plant new hedges on the site. Therefore,this criterion is not applicable to this application. E. Screening: special provisions. 1. Screening and landscaping of parking and loading areas: a. Screening of parking and loading areas is required The specifications for this screening are as follows: (1) Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. These design features may include the use of landscaped berms, decorative walls and raised planters; (2) Landscape planters may be used to define or screen the appearance of off-street parking areas from the public right-of-way; (3) Materials to be installed should achieve a balance between low lying and vertical shrubbery and trees; (4) Trees shall be planted in landscaped islands in all parking areas, and shall be equally distributed and on the basis of one tree for each seven parking spaces in order to provide a canopy effect; and (5) The minimum dimension of the landscape islands shall be three feet and the landscaping shall be protected from vehicular damage by some form of wheel guard or curb. 39 2. Screening of service facilities. Except for one family and two-family dwellings, any refuse container or disposal area and service facilities such as gas meters and air conditioners which would otherwise be visible from a public street, customer or resident parking area, any public facility or any residential area shall be screened from view by placement of a solid wood fence or masonry wall between five and eight feet in height. All refuse materials shall be contained within the screened area; 3. Screening of swimming pools.All swimming pools shall be enclosed as required by City of Tigard Building Code; 4. Screening of refuse containers. Except for one- and two-family dwellings, any refuse container or refuse collection area which would be visible from a public street, parking lot, residential or commercial area, or any public facility such as a school or park shall be screened or enclosed from view by placement of a solid wood fence, masonry wall or evergreen hedge. All refuse shall be contained within the screened area. FINDING The existing driveway is proposed to be widened and will be effectively screened from view with existing perimeter landscaping as shown on the site specific photographs submitted with this application. The refuse enclosure area will be screened from view by building 6 foot tall wood fencing around the perimeter of it. The applicant has worked with their respective franchise hauler "Waste Management". A copy of the letter from the waste hauler has been included with the application package. 18.745.060 Re-vegetation A. When re-vegetation is required. Where natural vegetation has been removed through grading in areas not affected by the landscaping requirements and that are not to be occupied by structures, such areas are to be replanted as set forth in this section to prevent erosion after construction activities are completed. B. Preparation for re-vegetation. Topsoil removed from the surface in preparation for grading and construction is to be stored on or near the sites and protected from erosion while grading operations are underway; and 1. Such storage may not be located where it would cause suffocation of root systems of trees intended to be preserved; and 2. After completion of such grading, the topsoil is to be restored to exposed cut and fill embankments or building pads to provide a suitable base for seeding and planting. C. Methods of re-vegetation. 1. Acceptable methods of re-vegetation include hydro-mulching or the planting of rye grass, barley, or other seed with equivalent germination rates, and: a. Where lawn or turf grass is to be established, lawn grass seed or other appropriate landscape cover is to be sown at not less than four pounds to each 1,000 square feet of land area; b. Other re-vegetation methods offering equivalent protection may be approved by the approval authority; c. Plant materials are to be watered at intervals sufficient to ensure survival and growth; and 40 d. The use of native plant materials is encouraged to reduce irrigation and maintenance demands. FINDING There will be minimal grading to widen the driveway which will remove some lawn vegetation from the site. This vegetation will be replanted once construction for the driveway is complete. To reduce impacts from potential erosion that could occur, the Applicant will follow the site preparation and re-vegetation procedures outlined in this section 18.745.060 of the Code. Therefore, the criterion is met. Chapter 18.755 MIXED SOLID WASTE AND RECYCLABLE STORAGE 18.755.010 Purpose and Applicability 18.755.020 Definitions 18.755.030 Materials Accepted 18.755.040 Methods of Demonstrating Compliance 18.755.050 Location,Design and Access Standards for Storage Areas A. Purpose. The purpose of this chapter is to ensure that certain new construction incorporates functional and adequate space for on-site storage and efficient collection of mixed solid waste and source-separated recyclable materials prior to pick-up and removal by haulers. B. Applicability. The mixed solid waste and source separated recyclable storage standards shall apply to new multi-unit residential buildings containing five or more units and non-residential construction that are subject to full site plan or design review; and are located within urban zones that allow, outright or by condition,for such uses. 18.755.020 Definitions 1. "Mixed solid waste"means solid waste that contains a mix of recoverable or recyclable materials and materials that are not capable of being recycled or recovered for further use; 2. "Source-separated recyclable"means, at a minimum, recyclable materials designated "principle recyclable materials"by the State Environmental Quality Commission under ORS 495.025, with the exception of yard debris. Currently these materials include newspaper,ferrous and nonferrous scrap metal, used motor oil, corrugated cardboard, aluminum, container glass, office paper and tin cans; 3. "Storage area"means the space necessary to store mixed solid waste and source-separated recyclable that accumulate between collection days; 4. "Multi-unit residential building"means a structure that contains five or more dwellings units that share common walls or floors/ceilings with one or more units; 5. "Non-residential building"means a structure that is used for any non-residential function, including but not limited to office, retail wholesale/warehouse/industrial and institutional uses. 18.755.030 Materials Accepted A. Materials accepted. Except as provided for in 18.755.040 G and I, the storage area must be able to accept at least all "principle recyclable materials"designated by the Oregon Environmental Quality Commission and other source-separated recyclable the local government identifies by regulation. 18.755.040 Methods of Demonstrating Compliance A. Alternative methods of compliance. An applicant shall choose one of the following four methods to demonstrate compliance: 1. Minimum standards; 2. Waste assessment; 3. Comprehensive recycling plan; or 41 4. Franchised hauler review and sign-off B. Provisions. The following provisions apply to all four methods of demonstrating complicance: Section 18.755.050, Location, Design and Access Standards, except as provided in 18.755.040 G; 1. The floor area of an interior or exterior storage area required by this chapter shall be excluded from the calculation of lot coverage and from the calculation of building area for purposes of determining minimum storage requirements. C. Minimum standards method D. Waste assessment method. E. Comprehensive recycling plan method F. Franchised hauler review method 1.Applicability: The franchised hauler review method is only available in jurisdictions with franchise collection service areas because there is certainty as to which hauler will actually provide service to the proposed development, once it is constructed; 2. Description of method: This method provides for coordinated review of the proposed site plan by the franchised hauler serving the subject property; 3. Typical application of method: This method is to be used when there are unique conditions associated with the site, use or waste stream that make compliance with any of the other three methods infeasible. The objective of this method is to match a specific hauler program (e.g., types of equipment,frequency of collection)to the unique characteristic(s) of the site or development. The following constitute unique conditions: a. Use of either of the three other methods of compliance would interfere with the use of the proposed development by reducing the productive space of the proposed development, or make it impossible to comply with the minimum off-street parking requirements of the underlying zone; b. The site is of an irregular shape or possesses steep slopes that do not allow for access by collection vehicles typically used by the franchised hauler to serve uses similar in size and scope to the proposed use; c. The proposed use will generate unique wastes that can be stacked,folded or easily consolidated without the need for specialized equipment, such as a compactor, and can therefore be stored in less space than is required by 18.755.040 C. 5b. of this chapter. 4. Application requirements and review procedure: The applicant shall work with the franchised hauler to develop a plan for storage and collection of source-separated recyclable and mixed solid waste expected to be generated from the new building.A narrative describing how the proposed site meets one or more of the unique site conditions described above plus site and building plans showing the size and location of storage area(s)required to accommodate anticipated volumes shall be submitted for Site Development Review, as governed by Chapter 18.360.Additionally, a letter from the franchised hauler shall be submitted at the same time that describes the level of service to be provided by the hauler, including any special equipment and collection frequency, which will keep the storage area from exceeding its capacity. FINDING, The applicant has obtained franchised hauler review sign off for this project. A copy of the email from franchise hauler has been included with this application. The applicant has proposed to continue utilize roll-cart service for their trash facilities. The carts will be rolled towards SW 134th Ave for garbage pick up each week. No additional waste assessment is needed for this application. 18.755.050 Location,Design and Access Standards for Storage Areas A.Applicable standards. The following location, design and access standards for storage areas are applicable to all four methods of compliance, described in 18.755.040 above. 42 B. Location standards. 1. To encourage its use, the storage area for source-separated recyclable shall be co-located with the storage area for residual mixed solid waste; 2. Indoor and outdoor storage areas shall comply with Uniform Building and Fire Code requirements; 3. Storage area space requirements can be satisfied with a single location or multiple locations, and can combine both interior and exterior locations; 4. Exterior storage areas can be located within interior side yard or rear yard areas. Exterior storage areas shall not be located within a required front yard setback or in a yard adjacent to a public or private street; 5. Exterior storage areas shall be located in central and visible locations on a site to enhance security for users; 6. Exterior storage areas can be located in a parking area, if the proposed use provides at least the minimum number of parking spaces required for the use after deducting the area used for storage. Storage areas shall be appropriately screened according to the provisions in 18.755.050 C, design standards; 7. The storage area shall be accessible for collection vehicles and located so that the storage area will not obstruct pedestrian or vehicle traffic movement on the site or on public streets adjacent to the site. FINDING The applicant has designed a storage area for garbage and recyclables in a location out of site on the side of the existing building. This area will screened from view with a 6 foot tall fence and existing vegetation along the property line. The applicant will continue to roll the carts onto 134th Ave and the designated trash/recycle area has not been designed to allow for vehicular traffic movements. Chapter 18.765 OFF-STREET PARKING AND LOADING REQUIREMENTS 18.765.010 Purpose A. Insure adequate vehicle parking. These parking requirements are intended to provide sufficient vehicle parking in close proximity to the various uses for residents, customers and employees, and to establish standards which will maintain the traffic carrying-capacity of nearby streets. B. Adequate capacity. These regulations are also intended to establish vehicle parking areas which have adequate capacity and which are appropriately located and designed to minimize any hazardous conditions on the site and at access points. 18.765.020 Applicability of Provisions A. New construction. At the time of the erection of a new structure within any zoning district, off- street vehicle parking will be provided in accordance with Section 18.765.070. FINDING The Applicant is proposing a use that requires additional off street parking to be provided in accordance with section 18.765. The off street parking standards require a minimum of 1 parking space for each 2.5 beds in the home. The applicant has requested a concurrent special adjustment to allow one less off street parking space. The applicant has proposed to widen the 43 existing driveway to allow for one more employee vehicle parking space. The amount of parking proposed will support the amount of employees that need to access the site at any given time throughout the day. The proposed off street parking will continue to provide sufficient vehicle parking for various uses of residents, guests and employees. The traffic carrying capacity will not be affected as a result of this application. D. When site design review is not required Where the provisions of Chapter 18.360, Site Development Review, do not apply, the Director shall approve, approve with conditions, or deny a plan submitted under the provisions of this chapter by means of a Type I review, as governed by Section 18.390.030. FINDING Site design review approval is not required for this application. E. Building permit conditions. The provision and maintenance of off-street vehicle parking and loading spaces are the continuing obligation of the property owner: 1. No building or other permit shall be issued until plans are presented to the Director to show that property is and will remain available for exclusive use as off-street vehicle parking and loading space;and 2. The subsequent use of property for which the building permit is issued shall be conditional upon the unqualified continuance and availability of the amount of vehicle parking and loading space required by this title; 3. Required vehicle parking shall: a. Be available for the parking of operable passenger vehicles of residents, patron and employees only; b. Not be used for storage of vehicles or materials or for the parking of trucks used in conduct of the business or use;and c. Not be rented, leased or assigned to any other person or organization. FINDING The owners understand that the provisions of the off-street parking and loading are their own continuing obligation. The areas designated for onsite parking is will be utilized specifically for parking purposes only. This area will remain available for exclusive off street parking. The proposed parking area is available for all patrons and employees and it will not used for vehicle storage. The parking area will not be rented, leased or assigned to any other person or organization. Therefore,the criterion above is not applicable to this application. 18.765.030 General Provisions A. Vehicle parking plan requirements. No building or other permit shall be issued until scaled plans are presented and approved as provided by this chapter that show how access, egress and circulation requirements are to be fulfilled The applicant shall submit a site plan. The Director shall provide the applicant with detailed information about this submission requirement. B. Location of vehicle parking. The location of off-street parking will be as follows: 44 1. Off-street parking spaces for single-family and duplex dwellings and single-family attached dwellings shall be located on the same lot with the dwelling(s); 2. Off-street parking lots for uses not listed above shall be located not further than 500 feet from the property line that they are required to serve, measured along the most direct, publicly accessible pedestrian route from the property line with the following exceptions: FINDING The applicant has submitted a vehicle parking plan as required by this section. The parking area within the driveway has been designed according to the City of Tigard's standards. E. Curb cuts. Curb cuts shall be in accordance with Section 18.810.030N. FINDING All curb cuts will be in accordance with Section 18.810.030.N. 18.765.070 Ministrant and Maximum Off-Street Parking Requirements A. Parking requirements for unlisted uses. 1. The Director may rule that a use, not specifically listed in Section 18.765.070.14 is a use similar to a listed use and that the same parking standards shall apply. If the applicant requests that the Director's decision be rendered in writing, it shall constitute a Director's Interpretation, as governed by Section 18.340; 2. The Director shall maintain a list of approved unlisted use parking requirements which shall have the same effect as an amendment to this chapter. FINDING The type of use proposed is permitted and the amount of off street parking is listed; therefore this section is not applicable to this application. C. Measurements. The following measurements shall be used in calculating the total minimum number of vehicle parking spaces required in Section 18.765.070.H:: 1. Fractions. Fractional space requirements shall be counted as a whole space; 2. Employees. Where employees are specified for the purpose of determining the minimum vehicle parking spaces required, the employees counted are those who work on the premises-during the largest shift at the peak season; 3. Students. When students are specified for the purpose of determining the minimum vehicle parking spaces required, the students counted are those who are on the campus during the peak period of the day during a typical school term; 45 4. Space. Unless otherwise specified, where square feet are specified, the area measured shall be gross floor area under the roof measured from the faces of the structure, excluding only space devoted to covered off-street parking or loading. FINDING Based on the requirements of this chapter of the Code, 3.2 or 4 parking spaces are required for the type of development proposed. The Applicant has proposed 3 parking spaces and requests a concurrent special adjustment for the reduction in required off-street parking. The proposed amount of off-street parking will support the needs of the employees. D. Exclusions to minimum vehicle parking requirements. The following shall not be counted towards the computation of the minimum parking spaces as required in Section 18.765.070.H:: 1. On-street parking. Parking spaces in the public street or alley shall not be eligible as fulfilling any part of the parking requirement except; Religious Institutions may count on-street parking around the perimeter of the use provided that the following criteria have been satisfied: a. The on-street parking is on a street that is designed and physically improved to accommodate parking within the right-of-way; b. The street where on-street parking is proposed is not located on local residential streets. 2. Fleet parking. Required vehicle parking spaces may not be used for storage of fleet vehicles, except when a use can show that employee and fleet parking spaces are used interchangeably, e.g., the employee drives the fleet vehicle from home, or the spaces are used for fleet storage only at night and are available for employee use during the day. For the purposes of this title, space exclusively devoted to the storage offleet vehicles will be considered as outdoor storage. FINDING The site is not utilized for fleet parking. On street parking along the sites street frontage bordering SW 134th Ave has not been included in the off-street parking calculations. F. Reductions in minimum required vehicle parking. Reductions in the required number of vehicle parking spaces may be permitted as follows: 1. The Director may reduce off-street vehicle parking spaces per Section 18.765.070.H by up to 20%in new developments for the incorporation of transit-related facilities such as bus stops and pull-outs, bus shelters, transit-oriented developments and other transit-related development through a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.3 70.020.C.5.b.Applicants who qualify for this adjustment may also apply for further parking reductions per 18.765.070.F.2. below; 2. The Director may reduce the total required off-street vehicle parking spaces per Section 18.765.070.H by up to a total of 20%by means of parking adjustment to be reviewed through a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.370.020.C.5.a. 3. The Director is authorized to reduce up to 10%of existing required parking spaces at a conversion ratio of one parking space for each 100 square feet of transit facility for developments which incorporate transit-related facilities such as bus stops and pull-outs, bus shelters, transit-oriented development or 46 other transit-related facilities through a Type I procedure, as governed by Section 18.390.030, using approval criteria contained in Section 18.370.020.C.5.c. FINDING The applicant has requested a concurrent special adjustment as governed by Section 18.390.040, using approval criteria in section 18.370.020.C.5. The Applicant is proposing a use that requires additional off street parking to be provided in accordance with section 18.765. The off street parking standards require a minimum of 1 parking space for each 2.5 beds in the home. The applicant has requested a concurrent special adjustment to allow one less off street parking space. The applicant has proposed to widen the existing driveway to allow for one more employee vehicle parking space. The amount of parking proposed will support the amount of employees that need to access the site at any given time throughout the day. The proposed off street parking will continue to provide sufficient vehicle parking for various uses of residents, guests and employees. The traffic carrying capacity will not be affected as a result of this application. G. Increases in maximum required vehicle parking The Director may increase the total maximum number of vehicle spaces allowed in Section 18.765.070.H by means of a parking adjustment to be reviewed by means of a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in section 18.370.020.C.5.d. H Specific requirements. (See Table 18.765.2) FINDING The Applicant is not seeking an increase in the off-street parking. Thissection is not applicable to this application. Chapter 18.775 Sensitive Lands & Steep Slopes FINDING The site does not have any sensitive lands or steep slopes on it. Therefore this section of the code is not applicable. Chapter 18.780 SIGNS 18.780.010 Purpose 18.780.012 Effective Date of this Chapter FINDING The applicant does not propose signage with this application. This section is not applicable to this application. 47 Chapter 18.790 TREE REMOVAL 18.790.010 Purpose A. Value of trees. After years of both natural growth and planting by residents, the City now benefits from a large number of trees. These trees of varied types add to the aesthetic beauty of the community, help clean the air, help control erosion, maintain water quality and provide noise barriers. B. Purposes. The purposes of this chapter are to: 1. Encourage the preservation,planting and replacement of trees in the City; 2. Regulate the removal of trees on sensitive lands in the City to eliminate unnecessary removal of trees; 3. Provide for a tree plan for developing properties; 4. Protect sensitive lands from erosion; 5. Protect water quality; 6. Provide incentives for tree retention and protection; and 7. Regulate commercial forestry to control the removal of trees in an urban environment. C. Recognize need for exceptions. The City recognizes that, notwithstanding these purposes, at the time of development it may be necessary to remove certain trees in order to accommodate structures, streets utilities, and other needed or required improvements within the development. 18.790.030 Tree Plan Requirement A. Tree plan required. A tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided for any lot,parcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review, planned development or conditional use is filed Protection is preferred over removal wherever possible. B. Plan requirements. The tree plan shall include the following: 1. Identification of the location, size and species of all existing trees including trees designated as significant by the city; 2. Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.790.060D, in accordance with the following standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: a. Retention of less than 25% of existing trees over 12 inches in caliper requires a mitigation program in accordance with Section 18.790.060D of no net loss of trees; b. Retention of from 25% to 50% of existing trees over 12 inches in caliper requires that two- thirds of the trees to be removed be mitigated in accordance with Section 18.790.060D; c. Retention of from 50% to 75% of existing trees over 12 inches in caliper requires that 50 percent of the trees to be removed be mitigated in accordance with Section 18.790.060D; d Retention of 75%or greater of existing trees over 12 inches in caliper requires no mitigation. 3. Identification of all trees which are proposed to be removed; 48 4. A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. C. Subsequent tree removal. Trees removed within the period of one year prior to a development application listed above will be inventoried as part of the tree plan above and will be replaced according to Section 18.790.060D. FINDING The City of Tigard Trees requires trees 12 inches in diameter or greater to be protected or mitigated with the exception of fruit bearing trees or trees that dead, diseased or dying which are exempt from mitigation calculations. The applicant has not included a tree assessment with this application due to the fact that no trees will be affected on the site as a result of this application. If the City Arborist determines a tree report is needed, the applicant will retain the services of a Certified Arborist in the State of Oregon. 100%of the existing trees on the site will remain. VISUAL CLEARANCE AREAS 18.795.010 Purpose A. Purpose. The purpose of this chapter is to establish standards which will assure proper sight distances at intersections to reduce the hazard from vehicular turning movements. 18.795.020 Applicability of Provisions A. When provisions apply. 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. B. When site development review is not required. Where the provisions of Chapter 18.330, Site Development Review, do not apply, the Director shall approve, approve with conditions, or deny a plan submitted under the provisions of this chapter through a Type I procedure, as governed by Section 18.390.030, using the standards in this chapter as approval criteria. 18.795.040 Computations B. Non-arterial streets. 1. Non-arterial streets 24 feet or more in width. At all intersections of two non-arterial streets, a non-arterial street and a driveway, and a non-arterial street or driveway and railroad where at least one of the streets or driveways is 24 feet or more in width, a visual clearance area shall be a triangle formed by the right-of-way or property lines along such lots and a straight line joining the right-of-way or property line at points which are 30 feet distance from the intersection of the right-of-way line and measured along such lines. See Figure 18.795.1: 1. Non-arterial streets less than 24 feet in width. At all intersections of two non-arterial streets, a non-arterial street and a driveway, and a non-arterial street or driveway and railroad where both streets and/or driveways are less than 24 feet in width, a visual clearance area shall be a triangle whose base extends 30 feet along the street right-of-way line in both directions from the centerline of the accessway at the front setback line of a single family and two family residence, and 30 feet back from the property line on all other types of uses. FINDING As shown on the dimensioned site plan, the site conforms to this section of the code. The 49 responsibility will shift to the owner to insure that visual clearance is maintained. The visual clearance areas are shown on the plan set submitted with this application. Therefore, the criterion is met. Chapter 18.810 STREET AND UTILITY IMPROVEMENT STANDARDS 18.810.010 Purpose A. Purpose. The purpose of this chapter is to provide construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. 18.810.020 General Provisions A. When standards apply. Unless otherwise provided, construction, reconstruction or repair of streets, sidewalks, curbs and other public improvements shall occur in accordance with the standards of this title. No development may occur and no land use application may be approved unless the public facilities related to development comply with the public facility requirements established in this section and adequate public facilities are available. Applicants may be required to dedicate land and build required public improvements only when the required exaction is directly related to and roughly proportional to the impact of the development. B. Standard specifications. The City Engineer shall establish standard specifications consistent with the application of engineering principles. C. Section 7.40 applies. The provision of Section 7.40 of the Tigard Municipal Code shall apply to this chapter. D. Adjustments. Adjustments to the provisions in this chapter related to street improvements may be granted by means of a Type II procedure, as governed by Section 18.390.040, using approval criteria in Section 18.370.030 C9. E. Except as provided in Section 18.810.0305, as used in this chapter, the term "streets" shall mean "public streets"unless an adjustment under Section 18.810.020.D is allowed. (Ord. 99-22) FINDING SW 134t Ave is currently 50 feet in total right of way width or 25 feet from the sites western boundary to centerline. SW 134t Ave is classified as a local neighborhood street that travels in a north/south direction. The sites frontage along SW 134th Ave has been improved with concrete curb and sidewalks along both sides of the street. Parking is currently allowed on both sides of the street. The current 50 foot wide right of way width does not meet the current standard for local streets which requires 54 feet or 27 feet from centerline. Two feet of additional right of way along SW 134th Ave is proposed for dedication with this application. The proposed amount of dedication is consistent with the current standard and will allow for 27 feet to centerline. The current improvements along SW 134th Ave also do not meet the current standard. The new standard requires a planter strip in addition to a sidewalk. Since the sites frontage and entire block along SW 134th Ave has been constructed exclusively with curb tight sidewalk it is requested that future public street improvements to SW 134th Ave, be postponed until such a 50 time when it becomes feasible to accomplish a larger scale of public improvements to the immediate area. The applicant requests the city allow the applicant to sign a future street improvement guarantee to be recorded prior to final occupancy. The document will guarantee future %2 street improvements to SW 134th Ave. S. Improvements to streets shall be made according to adopted City standards, unless the approval authority determines that the standards will result in an unacceptable adverse impact on existing development or on the proposed development or on natural features such as wetlands, steep slopes or existing mature trees. In approving an exception to the standards, the approval authority shall determine that the potential adverse impacts exceed the public benefits or the standards. In evaluating the public benefits, the approval authority shall consider the criteria listed in Section 18.810.030 El. E. Minimum rights-of-way and street widths. Unless otherwise indicated on an approved street plan, or as needed to continue an existing improved street, street right-of-way and roadway widths shall not be less than the minimum width described below. Where a range is indicated, the width shall be determined by the decision-making authority based upon anticipated average daily traffic (ADT) on the new street segment. (The City Council may adopt by resolution, design standards for street construction and other public improvements. The design standards will provide guidance for determining improvement requirements within the specified ranges.) These are presented in Table 18.810.1. 1. The decision-making body shall make its decision about desired right-of-way width and pavement width of the various street types within the subdivision or development after consideration of the following: a. The type of road as set forth in the Comprehensive Plan Transportation Chapter-Functional Street Classification; b. Anticipated traffic generation; c. On-street parking needs; d. Sidewalk and bikeway requirements; e. Requirements for placement of utilities; f Street lighting; g. Drainage and slope impacts; h. Street tree location; i. Planting and landscape areas; j. Safety and comfort for motorists, bicyclists, and pedestrians; k. Access needs for emergency vehicles. FINDING Two feet of additional right of way dedication is proposed for dedication the proposed amount is sufficient for a local street. The applicant will not be creating any new public or private streets as part of this application. Since the sites frontage and entire block along SW 134th Ave has been constructed exclusively with curb tight sidewalk it is requested that future public street improvements to SW 134th Ave, be postponed until such a time when it becomes feasible to accomplish a larger scale of public improvements to the immediate area. The applicant requests the city allow the applicant to sign a future street improvement guarantee to be recorded prior to final occupancy. The applicant has proposed to plant street trees along the sites frontage bordering SW 134th Ave, which consistent with the comments received from the City Engineer. 51 These standards are met. 0. Curbs, curb cuts, ramps, and driveway approaches. Concrete curbs, curb cuts, wheelchair, bicycle ramps and driveway approaches shall be constructed in accordance with standards specified in this chapter and Section 15.04.080;and: 1. Concrete curbs and driveway approaches are required; except 2. Where no sidewalk is planned, an asphalt approach may be constructed with City Engineer approval;and 3. Asphalt and concrete driveway approaches to the property line shall be built to City configuration standards. FINDING Curb cuts will be constructed in accordance with this section. V. Street signs. The City shall install all street signs, relative to traffic control and street names, as specified by the City Engineer for any development. The cost of signs shall be the responsibility of the developer. FINDING The Applicant agrees to bear the cost of any additional street signs required. Therefore, the criterion can and will be met. 18.810.050 Easements A. Easements. Easements for sewers, drainage, water mains, electric lines or other public utilities shall be either dedicated or provided for in the deed restrictions, and where a development traversed by a watercourse, or drainage way, there shall be provided a storm water easement or drainage right-of- way conforming substantially with the lines of the watercourse. B. Utility easements. A property owner proposing a development shall make arrangements with the City, the applicable district and each utility franchise for the provision and dedication of utility easements necessary to provide full services to the development. The City's standard width for public main line utility easements shall be 15 feet unless otherwise specified by the utility company, applicable district, or City Engineer. FINDING No additional easements are anticipated with this application. If it is determined upon review of this application that an easement is needed then the Applicant will work with the City and or other applicable utility franchises to dedicate the easements necessary to provide full services for the proposed use. Therefore,the criterion is met. 18.810.070 Sidewalks A. Sidewalks. All industrial streets and private streets shall have sidewalks meeting City standards along at least one side of the street. All other streets shall have sidewalks meeting City standards along both sides of the street. A development may be approved if an adjoining street has sidewalks on the side adjoining the development, even if no sidewalk exists on the other side of the street 52 B. Requirement of developers 1. As part of any development proposal, or change in use resulting in an additional 1,000 vehicle trips or more per day, an applicant shall be required to identifr direct, safe (1.25 x the straight line distance) pedestrian routes within 1/2 mile of their site to all transit facilities and Neighborhood Activity Centers (schools,parks, libraries, etc.). In addition, the developer may be required to participate in the removal of any gaps in the pedestrian system off-site if justified by the development. 2. If there is an existing sidewalk, on the same side of the street as the development, within 300 feet of a development site in either direction, the sidewalk shall be extended from the site to meet the existing sidewalk, subject to rough proportionality (even if the sidewalk does not serve a neighborhood activity center). C. Planter strip requirements. A planter strip separation of at least five feet between the curb and the sidewalk shall be required in the design of streets, except where the following conditions exist: there is inadequate right-of-way; the curbside sidewalks already exist on predominant portions of the street; it would conflict with the utilities, there are significant natural features (large trees, water features, etc) that would be destroyed if the sidewalk were located as required, or where there are existing structures in close proximity to the street (15 feet or less)Additional consideration for exempting the planter strip requirement may be given on a case by case basis if a property abuts more than one street frontage. FINDING There is currently a five foot wide curb tight sidewalk along both sides of SW 134th Ave. No additional improvements are proposed to the existing sidewalk system at this time. Since the sites frontage and entire block along SW 134th Ave has been constructed exclusively with curb tight sidewalk it is requested that future public street improvements to SW 134th Ave, be postponed until such a time when it becomes feasible to accomplish a larger scale of public improvements to the immediate area. The applicant requests the city allow the applicant to sign a future street improvement guarantee to be recorded prior to final occupancy. The proposed use of the site will not generate 1,000 vehicle trips per day. These requirements are met. 18.810.090 Sanitary Sewers A. Sewers required. Sanitary sewers shall be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Design and FINDING The subject site is connected to the public sewer system in SW 134th Ave. This existing service is adequate. 18.810.100 Storm Drainage A. General provisions. The Director and City Engineer shall issue a development permit only where adequate provisions for storm water and flood water runoff have been made, and:: 53 1. The storm water drainage system shall be separate and independent of any sanitary sewerage system; 2. Where possible, inlets shall be provided so surface water is not carried across any intersection or allowed to flood any street;and 3. Surface water drainage patterns shall be shown on every development proposal plan. FINDING The subject site naturally slopes towards the north and northeast at varying degrees. All stormwater from the developed portion of the site is currently directed towards the public storm system in SW 134th Ave. No additional storm system improvements are proposed. B. Easements. Where a development is traversed by a watercourse, drainageway, channel or stream, there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of such watercourse and such further width as will be adequate for conveyance and maintenance. FINDING No natural watercourses, drainage ways, channels, or streams exist on site. As a consequence, the requirements of this section of the Code do not apply to this land use review. C. Accommodation of upstream drainage. 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, and: 1. 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 the Unified Sewerage Agency in 1996 and including any future revisions or amendments). FINDING There should be adequate capacity to handle any additional stormwater which will result from the additional impervious area being created due to the proposed site improvements to allow for an additional parking space on the site. D. Effect on downstream drainage. 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 the Unified Sewerage Agency in 1996 and including any future revisions or amendments). FINDING Existing development in the down stream drainage area will not be affected by the small additional impervious area that is being created by the proposed improvements. At the time of 54 future development and in the event the City Engineer determines the existing drainage would be overloaded as a result of any new development, the applicant will comply with the Director's recommendations. 18.810.120 Utilities A. Underground utilities. All utility lines including, 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: FINDING All utility lines have been undergrounded along the sites frontage. This standard is met. 18.810.130 Cash or Bond Required A. Guarantee. All improvements installed by the developer shall be guaranteed as to workmanship and material for a period of one year following acceptance by the City Council. B. Cash deposit or bond. Such guarantee shall be secured by cash deposit or bond in the amount of the value of the improvements as set by the City Engineer. C. Compliance requirements. The cash or bond shall comply with the terms and conditions of Section 18.430.090. FINDING If determined necessary by the City, the owner agrees to secure a bond for the improvements. The bond will comply with the terms and conditions of Section 18.430.090. Therefore, the above criteria can and will be met. 18.810.140 Monuments A. Replacement required Any monuments that are disturbed before all improvements are completed by the subdivider shall be replaced prior to final acceptance of the improvements. FINDING The Applicant would replace any monuments if they where disturbed. Therefore, the criterion can and will be met. 18.810.150 Installation Prerequisite A. Approval required No public improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans have been approved by the City,permit fee paid, and permit issued B. Permit fee. The permit fee is required to defray the cost and expenses incurred by the City for construction and other services in connection with the improvement. The permit fee shall be set by Council resolution. 55 FINDING No public improvements will be undertaken by the applicant until the appropriate plans have been approved by the City, fees paid and permits have been issued. Therefore, the criterion is met. 18.810.160 Installation Conformation A. Conformance required In addition to other requirements, improvements installed by the developer either as a requirement of these regulations or at his own option, shall conform to the requirements of this chapter and to improvement standards and specifications followed by the City. B. Adopted installation standards. The Standard Specifications for Public Works Construction, Oregon Chapter A.P.W.A., and Design and Construction Standards for Sanitary and Surface Water Management(as adopted by the Unified Sewerage Agency in 1996 and including any future revisions or amendments) shall be a part of the City's adopted installation standard(s); other standards may also be required upon recommendation of the City Engineer. FINDING All proposed improvements will conform to the requirements of this chapter and to the standards and specifications required by the City. Therefore, the criterion is met. 18.810.170 Plan Check A. Submittal requirements. Work shall not begin until construction plans and construction estimates have been submitted and checked for adequacy and approved by the City Engineer in writing. The developer can obtain detailed information about submittal requirements from the City Engineer. B. Compliance. All such plans shall be prepared in accordance with requirements of the City. FINDING Prior to any site works or construction commencing on the site, final plans and estimates will be submitted, checked for accuracy and approved by the City Engineer in writing. All plans will be prepared in accordance with requirements of the City. Therefore, the criterion can and will be met. 18.810.180 Notice to City A. Commencement. Work shall not begin until the City has been notified in advance. B. Resumption. If work is discontinued for any reason, it shall not be resumed until the City is notified. 18.810.190 City Inspection A. Inspection of improvements. Improvements shall be constructed under the inspection and to the satisfaction of the City. The City may require changes in typical sections and details if unusual conditions arising during construction warrant such changes in the public interest. FINDING 56 As required above the City would be given advance notice before any work commences on the site. Therefore,the criterion is met. The Applicant understands that all future improvements will be inspected by the City and must be built to the City's satisfaction. Therefore, the criterion is met. 18.810.200 Engineer's Certification A. Written certification required The developer's engineer shall provide written certification of a form provided by the City that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, and are of high grade,prior to City acceptance of the subdivision's improvements or any portion thereof for operation and maintenance. FINDING The owner or developer's engineer will provide written documentation to certify that all improvements, workmanship and materials meet standard engineering and construction practices. This certification will be submitted for review and approval prior to the City's acceptance of the proposed improvements. Therefore,the criterion is met. CONCLUSION Most people in the community generally agree that persons with disabilities and other special needs deserve a place to live such as in a care facility instead of being isolated and or institutionalized. It can be a common reaction to feel concerned or fearful when a new facility moves in next door or down the street,however,the fact is that this facility located at 12550 SW 134th Ave is not new and has been in operation for 18+years. Neighbors are often uninformed about the facility program and residents, which leads to misconceptions. It is true communities do experience problems with certain types of care facilities. Most complaints range from increased traffic,noise and other neighborhood disturbances,to criminal activities. The majority of these complaints involve group facilities that serve the youth and individuals with alcohol or drug addictions. As described above in this narrative these types of treatment and youth service facilities require different licensing and will not be allowed on the site. Based upon compliance with all applicable review criteria as addressed herein above,the applicant respectfully requests the City of Tigard approve this application for a Conditional Use Permit with a Use Restriction limiting the care for elderly only and concurrent special adjustment to reduce the amount of off-street parking by 1 space. In addition to the proposed use restriction the applicant will accept any reasonable limitations or use restrictions that the city and or others deem necessary to apply as part of the Conditional Use Agreement. 57 IMPACT STUDY SANITARY SEWER SYSTEM There is an 8 inch sanitary sewer in SW 134th Ave. The facility is currently connected to this line. No changes are proposed or needed as a result of this application. STORMWATER SYSTEM All stormwater is required to be detained and released to an approved public system. There is a public stormwater system in the SW 134th Ave public right of way. Minimal new impervious surfaces will be created as a result of this application. All stormwater generated onsite is currently directed towards the public storm system in SW 134th Ave.No additional stormwater measures are proposed. WATER SYSTEM The site is already connected to city water. Water is available with enough volume and pressure to accommodate the proposed use on the site. TRAFFIC SYSTEM Access is provided to the site via an individual driveway directly onto SW 134th Ave. Pedestrians travel safely along both sides of the street via a curb tight sidewalk. All employees and any other visitors coming to or from the site will continue to do so in the same manner as just described. Visitors will continue to park along the street and employees will park onsite. A future street plan has been included(in the form of an aerial photograph)with this application showing all existing streets and surrounding development patterns in the surrounding area. The existing circulation system has adequate capacity to serve the proposed use. The Traffic impacts to the surrounding will be minimal with consideration of the type of use proposed. As described in a typical day visitors come 1 to 2 times a week between the hours of 9:OOam-7:OOpm or by special appointment if needed. Visitors typically stay for 1/2-1 hours at a time and then leave. 58 En '? ee r'iip Plate .J ,-- ------„ RESIDENTIAL CARE FACILITY 12550 SW 134TH AVENUE ATTENTION CONDITIONAL USE PLANS .s TA A'"+., ,,..,. & ,„,�.•,,..K tee. OREGON LAW REQUIRES YOU TO FOLLOW RULES a - rm.+ ADOPTED BY THE OREGON UTIUTY NOTIFICATION CENTER. #� THOSE RULES 01- 090 SET FORTH IN OAR COPIES F THE RU THROUGH B LOCATED IN THE SW 1/4 OF THE NE '/4 OF SECTION 4 `, �`""'° } k OAR 952-001-0090. YOU MAY OBTAIN COPIES OF 7HE RULES BY '-'' .✓+ g+., �"'° '°"°"' GALLING THE CENTER AT(800) 332-2344 OR (503) 232-1987. TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, "" ._, —"— 4 LOCATES CITY OF TIGARD WASHINGTON COUNTY OREGON tom` "" '"`° 'LI (48 HOURS NOTICE REQUIRED PRIOR TO EXCAVATION) a ,,,,,,� �„ °,,./" g T # ONE CALL SYSTEM 1 - ,/FAo. ,o (GENERAL TELEPHONE, NW NATURAL - 503-246-6699 FORE y ,, ,.z„,.°, = """° GAS, CABLE, CITY OF TIGARD) .• — • I a N. ;- PORTLAND GENERAL ELECTRIC Q I] \ Arl" / ' \\ \\ °'°" ,„,_ REPAIR EMERGENCIES \ > �` \ m, d PROJECT• NORTHWEST NATURAL GAS - 800-882-3377 �� f ���� k ' �\ rr �\ \\ �'" VERIZON - 800-483-2000 CL332=1 \ \ \ \ 'i PORTLAND GENERAL ELECTRIC - 503-542-8816 ,> TIL 2500 a CLEANWATER SERVICES - 503-846-5220 OR 503-846-5221 C ` r ,/'� \ \' 2 *"�^•p - .. A \ COMCAST - 503-605-4884 � ,+ �� .-�\\, VICINITY MAP \ CITY OF TIGARD PUBLIC WORKS - 503-639-1554 ` uL 2600 / / - �\ NO SCALE THE CONTRACTOR, IN LOCATION AND PROTECTING UNDERGROUND UTILITIES, / MUST COMPLY WITH THE REGULATIONS OF O.R.S. 757.541 TO 757.571. .3 ' v' \„ `� N / ti� / W. .,.; \\ il L 2600 'N` A v ,EXISTING I CILITY / �/� i v\47ryd' ---,: T/L 2700 i' i/ .� \f < I ; PLANNER, ENGINEER `, t r / OWNER/APPLICANT: & SURVEYOR: - w * " .'-1 �, ERIN DANIELLE WILDE HARRIS—MCMONAGLE vyy. .- .' ( 0 "`°,.. ''--, `tip - i� 12550 SW 134TH AVENUE ASSOCIATES, INC. N ��-\ �� i' TIGARD, OREGON 97223 8740 S.W. SCOFFINS ST. \ ` TY _ � � ` �-��� PHONE 503.318.1586 TIGARD, OR 97223-6287 \ —___ ,- PHONE: 503.639.3453 / �/, i _ SW 134TH AVENUE — '- \K....4o. . \ — — — �/ SITE INFORMATION: � =L:,::::::;--:—\----� � TAX MAP 2S-1-04AC TAX LOT 2700 \ r--- ! ADDRESS: 12550 SW 134TH AVENUE �_ �- 370o GROSS SITE AREA = 7,209 S.F. I NOTE: ALL BOUNDARY DIMENSIONS AND AREA SHOWN 0 20 10 i T/L 3400 rL 3500 L 360o ARE PER THE PLAT OF °MORNING HILL No. 8°4° SCALE. 1'=20' M ■ 1 Date of this Planset: Last Revised 5/01/09■ I r \ SHEET INDEX: Cover Sheet and Vicinity Map 1 of 2 Site Plan 2 of 2 City of Tigard Casefile No."PENDING" REVISIONS REFERENCE INFORMATION: DESIGN SCALE TCM HMC Harris-McMonagle XglD fNT/AL GA/U fACIL IT'f 1.-20' DANIELLE WILDE DRAFTED DRAW I NG NAME 12550 SW 134TH AVENUE TCM Since Associates, Inc COVER TIGARD,OR 97223 CHECKED 1968 ENGINEERING-SURVEYING-PLANNING SHEET 503 318 1586 JOH 8740 SW Scorns Street Tigard,Oregon 97223 CONDITIONAL USE PERMIT 1 REV. DESCRIPTION APPR. DATE DA3/o6/I0 Tel.(503)639-3453 Fax(503)639-1232 COVER SHEET AND VICINITY MAP oF 2 `I �`\\ / \\\\ \\\\ \ \ N / \ N. N. N. / \ \� / \ \ \ / N T/L 2500 ,/ / N. \\ / N.N. / N / / \\ \\ N. ) // T/L 2800 % O :I / ,' \' I / / 7• / /` \ / N. cy F` / / N / \ I \\ r----,---,\ , n / I \ ) ) N\\ _"'�,>� \`\ `-,�S� �°) °��� �_ `\ I Y. I I 1 \\ `\ T/L 2600 `\ �\ /\\\ \T � f �N / 1\` \\ Jl 1 I \\ `\ \\ /T. \\\ / '\— - ' \\ \\ ��`�y G� /ter—L— �j `\ / \\`\ \`\ ,//�}J��C��v CEDARS FENCE, HUGH I \\\ \\ ��'/�' O \` I \\\ '/ //'' N. \ , �' .�. 3-1/7 x 6'WITH GATE 3'WIDE 6iONCRETE / f \ �— 7 \ / \\ \ \ � � NI WALKWAY}————_3� co..,.cz_ 7 \ // / N `\� r\\\� Oak.Sawtooth al ,j/' I \�V �j`� �\ ' -{/ j-- r ` / /\ \ \ STREET TREE BOTHef Ie,SO D/W) / ` r ` // `\ E\ M 1'�� \\ /' / /\1 \ CHERRY FLOWERING it � I V- / N. \ \ . O(.O \ / / / \ t\ \\\Prunes saryen6i L \ // ^ \\ Nd" `\ %\ \\ �\ / ,\ EXISTINGpRNEWAV TING PATK) , �� /'/ `\\ �. \SI O� �• \\\ / / /\ \\\ `\ a ➢ .. \\ ---- \ �sTFREET TREE(s) p��GP,CZ� `/ / /' \ _. CHERRY FLOWERING Q'4., EXISTING / /\ \\ \\�� 0 W Tr� o O /".- Prunus sergentli�� <:) \'�j STREET TREE // / -.4\ A N. `��— \ ......... �� A /I� \ ice/ //1.11161 1 / \ // N N `��� • ^•� > 3 ` / XIS ii, GRIGHT OF WAY 1�i_���� ■ O f / " �i/// / rA\ / i A V �� EXIS 5'SIDEW �� / `\ `\ ` EXISTING CURB LINE — -- ` N. \ ? w / \\ ��_ SW 134TH AVENUE ' N38'00'08"W N N / `\ N \ / \� /�7 / t N �: // / ..-S �` --� / / ) =�``�!/ _----- �\ r --T EXISTING CURB LINE — _�_" '' ���� ' ' EX15T1NG5'SIDEWALK �\ T —I--r-- "--'"� `^\\\\ T/L 3300 I �r `�`---- —\i I I \ ) ) / -------:---- 11 i1 -I--- - — — �`} — —IL//-_ T/L 3700 \c I ! 1 I \ t11INuINr11tut,t111t------11 lll 1 111111 a 10 20 SCALE 1'■10' REV ISIONS REFERENCE INFDRMATI ON: DESIGN SCALE TCM HMC Harris-McMonagle PE$/DENTIAL GARS 1746/L IThl 1"-10. DANIELLE WILDE ORAFTm DRAWING NAME 12550 SW 134TH AVENUE TM Since Associates, Inc. SITE PLAN TIGARD,OR 97223 CHECKED 1968 ENGINEERING-SURVEYING-PLANNING %EET 503.318.1586 JOH g7g0 SW Scof1"ins Street Tigard,Oregon 97223 CONDITIONAL USE PERMIT 2 DATE Tel.(503)639-3453 Fax(503)639-1232 SITE PLAN 2 V. DESCRIPTION APPR. DATE 3/08/10 DF /l/e ijhborhooct fleo4ny AFFIDAVIT OF MAILING/POSTING NEIGHBORHOOD MEETING NOTICE IMPORTANT NOTICE: THE APPLICANT IS REQUIRED TO MAIL THE CITY OF TIGARD A COPY OF THE NEIGHBORHOOD MEETING NOTICE THAT PERTAINS TO THIS AFFIDAVIT AT THE SAME TIME PROPERTY OWNERS ARE MAILED NOTICE,TO THE ADDRESS BELOW: City of Tigard Planning Division 13125 SW Hall Boulevard Tigard,OR 97723-8189 IN ADDITION,THE APPLICANT SHALL SUBMIT THIS AFFIDAVIT&COPIES OF ALL NOTICES AT THE TIME OF APPLICATION. MAILING: I, 1B 10 or.ov��St ,being duly sworn,depose and say that on the t3}� day of Mc V 201._,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) i 2-S5 p S:t`l i3'- ' ,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 i: r k with postage prepaid thereon. Signature the presence o a Notary Public) POSTING: ,do affirm that I am(represent)the party initiating interest in a proposed land use application for 4= McMONAGLE ASSOL RTES ENGINEERS-SURVEYORS 8740 SW Scoffins Street TIGARD,OREGON 97223 TEL(503)639-3453 FAX 639-1232 May 13,2009 RE: Change existing Adult Foster Care Facility to Residential Care Facility: Dear Property owner: A Conditional Use Permit Application is in preliminary stages for a property located at 12550 SW 134th Ave,Tax Lot 2700,Map 2S-1 W-04AC in the City of.Tigard,Washington County, Oregon. The site is located on the east side of SW 134th Ave and south of Benish St. The site is 0.17 gross acres in size,and zoned R-25. The property owner currently operates an Adult Foster Care Facility from this location and cares for five individuals on a full time basis. Harris-McMonagle&Associates,Inc. (engineering,planning,and surveying)is representing, the owner of the property described above and shown on the map on the other side of this page. The proposal is to change the existing use from Adult Foster Care to a Residential Care Facility. The change in use will allow the owner to care for 1 to 2 more individuals on a full time basis at the current location. The site will be altered by improving the street frontage along SW 134 'Ave with Street Trees. Other improvements will be made to the internal portion of the site as necessary to bring it into conformance for the change in use. Prior to applying to the City of Tigard for the necessary land use approvals,I would like to discuss the proposal in more detail with the surrounding property owners and residents. You are invited to attend a meeting on: Thursday,June 4,2009,@ 6:30 pm Location: Harris McMonagle Associates (Conference Room) 8740 SW Scoffins Street Tigard,OR 97223 Please note that this will be an informational meeting on preliminary development plans. These plans may be altered prior to submittal of the application to the City_ Please contact Steve Bloomquist(Land Use Planner,503 639-3453 (Ext. 19),if you have any • questions_ Sincerely, Steve Bloomquist Land Use Planner Attachments—Site Location Map Neighborhood Meeting Sign-In Form Residential Care Facility-12550 SW 134th Ave.-June 4,2009 Name Address Phone c; �;:t 1256 ‘ , 11 Ll-K t"t ( e∎- 503_ b9.t5►o o/1e 7�-- 5 tm�'c` tib 4-.2s • a� 1.6 t I erw o� 01--• tt-257 &pri) 7 YC-2f I;Yc7 S 133 l� -m �2 �3--'Z' 7 v� ;.n oZ A mp ����-e , s 12550 SW 134th Ave.. Neighborhood Meeting Minutes Prepared on June 5,2009 The neighborhood meeting took place on June 4th,2009 at 6:30 P.M. at Harris McMonagle Associates located at 8740 SW Scoffms St, City of Tigard, Oregon. The meeting started at 6.30 pm. Tim Murphy with Han-is McMonagle Assoc. Inc. introduced himself and the applicant and started the meeting by giving an overview of the application process and the requirement for a neighborhood meeting. Dr. Murphy described the existing use of the site as an elderly care facility with five residents,that the applicant desired to expand to six or seven residents, and that under the city's development code, a conditional use permit was required to allow the applicant to do so. He explained that the city's conditional use permit process would review the public facilities, setbacks, etc. relating to the site. The applicant told of her operating the facility at its existing location since 1993 and that the current facility and staffing was adequate under the state guidelines to increase the number of residents. A 22"x34"exhibit of the site was displayed. The proposed street trees,variance for parking and refuse facility enclosure were reviewed. The meeting was opened for questions. Question#1 -How large is the existing house? Response (by applicant)—2,850 square feet. Question#2—What kind of residents will live there?Is it restricted to just the elderly? Response—The conditional use permit is based on public facilities and does not affect what residents are allowed to live in the facility. What residents are allowed to live there are determined by the owner of the facility, usually based on their training and experience. (Applicant)—I have been housing elderly people at my house since 1993 and they are the only residents I have experience with I would not want to have drug recovery people or predators. I don't have any experience with treating those kinds of people, and I wouldn't want them in my house anyways. Question#3—What is the maximum number of residents that will be allowed? Response (by applicant) —I am not sure. I know the limit that the state allows is above what I intend to have. They will allow two residents per room, but I keep it at one resdent per room for privacy reasons. I did have a married couple in one room for awhile, but that was the only time. Question#4—Where will the street trees go,and what kind of trees will they be? Response—Approximately two feet behind the sidewalk, since there is no planter strip. The trees had been typically Norway Maples in the past, but the current city arborist prefers other maples, elms, that sort of thing. Question#5—Will we hear anything further from the city? Response—Yes,you will probably receive a copy of the staff report from the city in the mail, then there is the hearing before the hearings officer, and probably a two week appeal period If you disagree with the hearing officer's decision,you can file an appeal but there is a fee to do so. Question#6—Is there anyway to restrict what kind of residents will be allowed? Response—Is there a Homeowner's Association? (No longer,nothing was enforced). The kind of residents is not a part of the city's review criteria, so I'm not sure if the hearing officer can condition that under the Development Code. Applicant—I could put something in my will, or put a clause in the sale documents when I sell. I don't plan on retiring for another sixteen years, so it will probably be awhile before someone else would own the house. Anyone that purchased the home to run a care facility would keep the current residents, it wouldn't make financial sense to move them out and start over with something else. Question#7—lithe house has six bedrooms,how do you get seven residents? Response (by applicant)—There are six bedrooms and the garage has also been converted My office is out there. The garage door looks operable, but was left for appearance. Meeting adjourned at 7:10 pm. These meeting notes were prepared by Tim Murphy of Harris McMonagle Associates, Inc. CITY OF TIGARD COMMUNITY DEVELOPMENT DEPARTMENT , PLANNING DIVISION _, ' 13125 SW HALL BOULEVARD ,. TIGARD, OREGON 97223 PHONE: 503-639-4171 FAY: 503-624-3681 (Attn: Patty/Planning)EMAt1.: at cr 'rard or. ov " '-"'%'•'' REQUEST FOR 500--FOOT PROPERTY OWNER MAILING LIST - Property owner information is valid for 3 months from the date of your request INDICATE ALL PROJECT MAP&TAX LOT NUMBERS(ie. 1S134AB,Tax Lot 00100) OR THE ADDRESSES FOR ALL PROJECT PARCELS BELOW: 12550 SW 134th Ave. Tax Map 2S-1-04AC TL 2700 PLEASE BE AWARE THAT ONLY 1 SET OF LABELS WILL BE PROVIDED AT THIS TIME FOR HOLDING YOUR NEIGHBORHOOD MEETING. After submitting your land use application to the City, and the project planner has reviewed your application for completeness, you will be notified by means of an incompleteness letter to obtain your 2 final sets of labels. IF YOU HAVE BEEN NOTIFIED BY PLANNING TO OBTAIN YOUR LABELS,PLEASE INDICATE THAT YOU NEED 2 SETS OF LABELS. The 2 final sets of labels need to be placed on envelopes (no self-adhesive envelopes please)with first class letter- rate postage on the envelopes in the form of postage stamps (no metered envelopes and no return address) and resubmitted to the City for the purpose of providing notice to property owners of the proposed land use application and the decision. The 2 sets of envelopes must be kept separate. The person listed below will be called to pick up. and pay for the labels when they are ready. NAME OF CONTACT PERSON: Steve Bloomquist PHONE: 503-639-3453 (ext 19) NAME OF COMPANY: _Harris McMonagle FAX: 503-639-1232 EMAIL: sieve @h-mc.corn • This request may be emailed,mailed, faxed,or hand delivered to the City of Tigard. Please allow a 2-day minimum for processing requests. Upon completion of your request, the contact person listed will be called to pick up their request that will be placed in"Will Call"by the company name(or by the contact person's Iast name if no company) at the Planning/Engineering Counter at the Permit Center. The cost of processing your request must be paid at the time of pick up,as exact cost can not be pre-determined. • PLEASE NOTE: FOR REASONS OF ACCURACY, ONLY ORIGINAL MAILING LABELS PROVIDED BY THE CITY VS.RE-TYPED MAILING LABELS WILL BE ACCEPTED. Cost Description. $11 to generate the mailing list,plus$2 per sheet for printing the list onto labels(20 addresses per sheet). Then,multiply the cost to print one set of labels by the number of sets requested. -EXAMPLE- - COST FOR THIS REQUEST- sbeets of labels x 52/sheet=$$¢Q x 2 sets= $16.00 sfieet(s)of labels x$2/sheet=Fix sets= L sheets of labels x 52/sheet for interested parties x2 sets= $ 4.00 �sheet(s)of labels x 52/sheet for interested parties= e�sets= • C:EN RA121F$T = R11 00 --- _ G' -' : 11 c TOTAL = $31.00 TOTAL �� Patty Lunsford -- From: Steve Bloomquist[Steve@h-mc.com] Sent: Monday, May 11,2009 10:22 AM To; Patty Lunsford Subject: Labels Request Attachments: city..._owner mailing_labels req.pdf Patty, Attached to this email you will find the labels request for a neighborhood meeting. Please call or emailme when it is ready for pick up. 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C ( , ( ( 2S104AC05700 2S104AB11700 ADAMS,MARK J AND DONNA M BEAN,CARL RICHARD&JANET H 12634 SW 133RD 12385 SW MORNING HILL DR TIGARD,OR 97223 TIGARD,OR 97223 2S104BD10000 25104AC12600 ALEXANDER LIVING TRUST BECKHAM,GARVE&MARILYN BY MARION/DOMINIQUE ALEXANDER TRS JT LIVING TRUST 12645 SW 135TH AVE BY GARVEIMARILHN BECKHAM TRS TIGARD,OR 97223 12620 SW 135TH AVE TIGARD,OR 97223 251048D09900 2S104AC05500 ALEXANDER,MARION&DOMINIQUE BOONE,GREGORY D&KIMBERLY A 12645 SW 135TH 12718 SW 133RDAVE TIGARD,OR 97223 TIGARD,OR 97223 2S104B010100 2S104AC05800 ALEXANDER,STEFAN& BROOKS,DOUGLAS D&KIMBERLY N POTTS,DIANA R 12612 SW 133RD ST 12645 SW 135TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104AC09100 2S1048000800 ALLARD,ARTHUR B&TERESA L BROWN,DONALD 8& 13249 SW BOUNEFF ST NORTON-BROWN,KATHLEEN A TIGARD,OR 97223 13590 SW WALNUT LN TIGARD,OR 97223 2S104AC05900 2S104AC09300 ALLEN,SCOTT 8&DEBRA CAMPA,CRAIG S& 12590 SW 133RD AVE HAMILTON,MARY E TIGARD,OR 97223 13262 SW BOUNEFF ST TIGARD,OR 97223 251048000930 2S104AC04200 ALULA,BERHANU B CHANG,VICTOR 13540 SW WALNUT LN 3181 WEMBLEY PARK RD TIGARD,OR 97223 LAKE OSWEGO,OR 97035 2S104AB13600 25104AC04100 ANDERSON,KAREN L&ROGER T CHANG,VICTOR CUSTODIAN 12414 SW 134TH AVE 3181 WEMBLEY PARK RD TIGARD,OR 97223 LAKE OSWEGO,OR 97034 2S104ACO2400 2S104BA12400 ANDERSON,KEVIN& CHILDERS,DANIEL.I&DIANA K ANDERSON,CHRIS 13630 SW MARCIA DR 12523 SW 133RD AVE TIGARD,OR 97223 TIGARD,OR 97223 251048A15300 2S1048009800 BASHIR,MOHAMMAD S CLEM,RICHARD R&BETTE J 13534 SW LADEN DR 13555 SW WALNUT LN TIGARD,OR 97223 TIGARD,OR 97223 2S104AC07000 2S104AC10600 COVINGTON,KEITH&COURTNEY DUNLAP,JAMES J& 12615 SW MORNING HILL DR DUNLAP,SASHA K TIGARD,OR 97223 12594 SW MORNING HILL DR TIGARD,OR 97223 • 2S104BA12203 2S104AC07200 CRAIG,ANDREW S ELLIOTT,THOMAS A&BRENDA K • 13566 SW MARCIA DR 12657 SW MORNING HILL OR TIGARD,OR 97223 TIGARD,OR 97223 2S1048A11500 2S104AC06900 CRESTO,GREGG&CONNIE ENQUIST,JEFFREY A&KIMBERLEY J 13543 SW LIDEN DR 12593 SW MORNING HILL DR TIGARD,OR 97223 TIGARD,OR 97223 231048A15400 2S104AC06500 CROSSEN,CORA EVERETT,PAUL 13546 SW LIDEN DR 12449 SW MORNING HELL DR TIGARD,OR 97223 TIGARD,OR 97223 2S104AC11300 2S104AC03000 DESOLT,JASMINE&NEIL FEEBECK,DARRELL L& • 12820 SW 134TH AVE TERESA TIGARD,OR 97223 12474 SW 134TH AVE TIGARD,OR 97224 104AC123 2S104AC03700 D P TE OWNERS OF FOOTE,CORI LO I 3 12601 SW 134TH AVE 00300 TIGARD,OR 97223 104AC124 2S104AC06600 D P E OWNERS OF • FORSTNER,FREDERICK C&ANDRA LOT 13 12483 SW MORNING HILL DR 0000 TIGARD,OR 97223 2S104AC11000 2S104AC06700 DELEON,TARA GABEL,CLARKE E&JUDITH E 12720 SW 134TH AVE 12517 SW MORNING HILL DR TIGARD,OR 97223 TIGARD,OR 97223 2S104ACO2600 25104ACO2200 DEZFULLI,EBRAHIM K AND SHAHIN D GE1DL,PETER MILESUE T 12587 SW 133RD AVE 124-41 SW 133RD AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104AB11900 2S104BA12100 DINDIA,STEVEN J&DIANA E GENTILE,KRISTINA J 12438 SW MORNING HILL DR 13544 SW MARCIA OR TIGARD,OR 97223 • TIGARD,OR 97223 2S104AB12700 2S104AC11100 GOLDSMITH,KURT R&BONITA F REV KORDMAHALEH,FARDAD T LIVING TRUST 130 KINGSGATE RD BY KURT R1BONITA F GOLDSMTI I TRS LAKE OSWEGO,OR 97035 12392 SW 133RD AVE TIGARD,OR 97223 2S104AC06300 2S104A003300 GUERRERO,DANNY&TERESA KOSHIKAWA,TAKASHI/KIMI 12452 SW 133RD AVE BY PERFORMANCE PROPERTIES TIGARD.OR 97223 ATTN:MOLLY PO BOX 1496 LAKE OSWEGO,OR 97035 2S104AB11600 2S1048001100 HANEL,ROBERT R&JULIANNE KVISTAD,EUNICE A REV LIV TRUST 13274 SW BENISH ST 13535 SW FERN ST TIGARD,OR 97223 TIGARD,OR 97223 2S104AC11200 2S104AC05600 HERZBERG,SHAWN C&ANNE LAI,LENG S 12760 SW 134TH AVE 12676 SW 133RD AVE TIGARD,OR 97223 TIGARD,OR 97224 • • 2S1048009700 2S104AC03800 HORTON,ARLEN D&VIRGINIA M LEE,DOUGLAS L/CAPRICE MARIE 13585 SW WALNUT LN 12623 SW 134TH AVE TIGARD,OR 97223 TIGARD,OR 97223 28104BD00700 251048A15000 JENSEN,NORMAN S&JUDIE L LEE,THANK& 13455 NE SCHUYLER ST HUANG,LIU PORTLAND,OR 97230 13609 SW NORTHVIEW DR TIGARD,CR 97223 2S104BC00100 2S104BA11600 JOHANSSON,MARTIN L JOAN LIU-CHEN,CONNIE 13535 SW WALNUT LN 5907 BAY POINTE OR TIGARD,OR 97223 LAKE OSWEGO,OR 97035 2S104AC05400 25104ACO2500 • KHALIL,MASOOD MALEKI,ALI M&AZAM YOUMTOOBIAN,LIDA 12545 SW 133RD AVE 12730 SW 133RD AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104BA15100 2S104AC06000 KHEIRASAD1,MASOUD MALONE,MICHAEL K&KATHY N 13510 SW LIDEN DR 12558 SW 133RD AVE • TIGARD,OR 97223 TIGARD,OR 97223 • 25104AC07100 2S104AC03600 KOLLING,GERARD W MAYCUMBER,JACK CARY/KAY L 12633 SW MORNING HILL DR 13450 SW 22ND TIGARD,OR 97223 BEAVERTON,OR 97005 2S104AC06200 2S104AC12900 MCALPINE,DAVID D&LISA A MORAOI,HOMA 12494 SW 133RD AVE 12700 SW 135TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104AC12700 2S104AC10500 MCGINLEY,CHERYL M MULYAR,TATYANA 12640 SW 135TH AVE 12616 SW MORNING HILL DR TIGARD,OR 97223 TIGARD,OR 97223 2S104AB12000 231048A11400 MCMILLAN,0 SCOTT NADARAJAH,SRIDER 12416 SW MORNING HILL DR 13565 SW UDEN DR TIGARD,OR 97223 TIGARD,OR 97223 2S104AC09200 2S104AC03100 MCNAY,WILLIAM AND LILLIE M NEET,BRIANA M& 12466 SW MORNING HILL DR HINESLY,PAULINE M TIGARD,OR 97223 12445 SW 134Th AVE TIGARD,OR 97223 2S104AC03200 2S104ACO2800 MITTENDORF,VICKI NGUYEN,NGUYET T& 12487 SW 134TH AVE DANG,DAT D TIGARD,OR 97223 12533 SW 134TH AVE PORTLAND,OR 97223 23104A312800 2S104BA11700 MIYASAKO,KENNETH&MARJORIE T NGUYEN,TONY DUNG& 13332 SW BENISH VUONG,TIFFANY TUYEN TIGARD,OR 97223 13529 SW L1DEN DR TIGARD,OR 97223 2S104AC06100 2S104AC04300 MOAN,DAVID R/MARIA O'BRYANT LLC 12536 SW 133RD AVE 32 MORNINGVIEW CIR TIGARD,OR 97223 LAKE OSWEGO,OR 97035 23104AC03400 2S104ACO2300 MOISO,MICHAEL O'CONNER,PAMELA A 12543 SW 134TH AVE 12485 SW 133RD AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104AB12600 2S104AC04000 MONJE,MICHAEL T&LANELLE A OLDHAM,GEORGE D 12410 SW 133RD AVE 12669 SW 133RD AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104AB11800 2S104A804700 MOORE,THOMAS E&CAROLYN 3 OUR REDEEMER LUTHERAN CHURCH 12427 SW MORNING HILL DR 13401 SW BENISH ST �. TIGARD,OR 97223 TIGARD,OR 97223 2S104AC03500 2S1048A15200 ROTH,SCOTT L TRINCHERO,PAUL H& 12567 SW 134TH AVE TRINCHERO,H BARBARA PORTLAND,OR 97223 9590 SW VENTURA CT TIGARD,OR 97223 2S1048A12000 2$104A813500 SAIDAM,AZJZA A& VAUGHN,PHILIP JAMES ABDELJAWAD,YASER Z& 12403 SW 134TH AVE ABDEUAWAD,NAJAH ZAKI TIGARO,OR 97223 13518 SW MARCIA DR TIGARD,OR 97223 2S104BA11900 281048A12300 SILVER,TIMOTHY&CHAN FU WILCOX,JASON 13503 SW LIDEN DR 13588 SW MARCIA DR TIGARD,OR 97223 TIGARD,OR 97223 2S104AC12800 2S104ACO2700 SINCLAIR,WILLIAM D& WILDE,ERIN DANIELLE DOROTHY U 12550 SW 134TH 12660 SW 135TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104ACO2900 2S104BA11800 SOM,NEANG WOOD,DAVID M& 12496 SW 134TH AVE WOOD,KRISTIN E TIGARD,OR 97223 753 VINEYARD TER PLEASANTON,CA 94566 2S104AC03900 2S104A813700 STEFFEN,MICHAEL J YOZAMP,GRANT R& 12647 SW 133RD AVE YOZAMP,K IMS£RLYN A TIGARD,OR 97223 12407 SW 133RD AVE TIGARD,OR 97223 28104AC06800 2S104AC10900 STONE,BRIAN T/MICHELLE L ZECHMANN,BARBARA JUNE/TERRY LEE 12551 SW MORNING HILL DR LEARY,KATHLEEN JOAN& TIGARD,OR 97223 LEARY,KATHLEEN-I/DAVID L 13320 SW WALNUT ST TIGARD,OR 97224 • 2S104AB11500 TESHERA,KRIS D&JENNIFERN E PO BOX 230901 TIGARD,OR 97223 2S104AC09400 THOMAS,BRIAN D&KATHLEEN M 8 13234 SW BOUNEFF ST • TIGARD,OR 97223 104BA164'i TIGA•` • OF 131 W •LL BLVD T ARD,OR 97223 Charlie and Larie Staizer Susan Beilke 14781 SW Juliet Terrace 11755 SW 114th Place Tigard;OR 97224 Tigard, OR 97223 Craig Smelter David Walsh PO Box 1467 10236 SW Stuart Court Tualatin, OR 97062 Tigard, OR 97223 Harold and Ruth Howland Todd Harding and Blake Hering Jr. 13145 SW Banish Norris Beggs &Simpson Tigard, OR 97223 121 SW Morrison, Suite 200 Portland, OR 97204 Kevin Hogan 14357 SW 133rd Avenue Tigard, OR 97224 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 CPO 48 Holly Shumway, Chair 14535 SW Woodhue Street Tigard, OR 97224 Beverly Froude 12200 SW Bull Mountain Road Tigard, OR 97224 Barry Albertson 15445 SW 1501h Avenue Tigard, OR 97224 John Frewing 7110 SW Lola Lane • Tigard, OR 97223 CPO 48 -- 16200 SW Pacific Highway, Suite H242 Tigard,OR 97224 CITY OF TIGARD - WEST IMMERESTED FAMES(pg. I of I) (i:\curpEn\setup\labels\CJT West.doc) UPDATED: 16-Dec-08 May 30, 2009 To the City of Tigard: Re: Change of classification from AFC to RCF Danielle's AFC 12550 SW 134th Ave Tigard OR 97223 My family and I have lived across the street from Danielle Wilde since October of 2005. During that time we have never had a problem in any way with parking,people coming and going,her employees or anything. She keeps her yard very well and I think she is an asset to our neighborhood. After all she takes care of frail elderly people. She explained the changes she is making with her elderly population. If she hadn't of told me, I wouldn't have known something had changed. Feel free to call me with any questions. Sincerely, � � 5 /3 t May 23, 2009 To Whom It May Concern: About: Danielle's AFC 12550 SW 134 ' Ave Tigard Or 97223 We lived across the street from Danielle Wilde for about three years. We never had a problem with parking during that entire time. She is a good neighbor. One of the reasons we choose our house was because of how well kept her yard is and good it looks because we look directly at it. She does a good service to our neighborhood and should be allowed to change the classification, especially since she isn't changing the structure of the house. Sincerely, '`,-, r31 fZs13 Th617 7L 6/07 Tek! has- 11„4(/ -172 /or- 0/7-1 n 01_/) / /1 ,5 7-11/_a be6-7L a cm? k17607,0zel /2(0,0i cs-ce) gfrfAdo* O -3 . o 602,e viLL pf*-- sJ /3- ,tee //'Wb ,�� f3/6 t())7 /,?y Jaffrii‘eze>._ 64._ / A a f-e situ ./lye-,r2rhera f �r g/eve,q 77-5: g4ke •- is ifuc-e o7 q /z z/6/f y> Michael White 7670 Spruce Tigard Or 97223 503-977-2556. November 24,2009 To Whom It May Concern: I have had my mother,Martha,in Danielle's home since May of 2006. My mother lived with us before we made the choice to have her live in a care home. During the time we took care of her she was very demanding, unhappy and a bit ungrateful for the care she was receiving from us. After she moved into Danielle's home, slowly things began to change for the better.Now she never complains,is happy to see us and is happy to be with Danielle and the Care providers she employs_ Danielle has been able to improve her health by diet and stable care and we have been able to decrease her medications thus improving her quality of life and at a minimum saving the family money. Danielle is very professional and on the ball detecting things that need attention before they become a problem as far as medical is concerned. She has been able to keep a low turn over in employees over the years which is very important to my mother,in being able to look forward to whom is going to be working each day. My mother loves Danielle and enjoys the inter action with Danielle and her significant other Scott,the other caregivers and her dog,Lydia. Feel free to contact me if you have any questions or if I can help in any way. Sincer Michael White 5 25 - 7 Letter of Recommendation I have known Danielle Wilde since 2004. I have been in her adult care home many times for various reasons. Since June of 2007, my husband's uncle has been a resident of Danielle's care home. We were familiar with a number of adult care homes in the Portland area but chose Danielle's as the most appropriate placement for our uncle. He has received excellent care there. Either I or my husband visit the home several times a week at various times. We have had many opportunities to observe not only Danielle but also her staff as they care for the residents with dignity, competency and diligence. I have an extensive long term care background. While living in California, I cared for my mother(who had Alzheimer's disease) for 6 years in her home. The final 6 months of her life, she was a resident of a skilled nursing facility. During that time, I visited her everyday for several hours, having many occasions to interact with the nursing staff, other residents and their families. I have also been an assisted living assistant administrator of a 60 unit community. I have also assisted a number of family, friends and acquaintances as they have selected a long term care facility for a family member. In doing so, I have visited a number of care homes in the Portland area. I feel that I can whole heartedly recommend Danielle's care home to anyone who is looking for an appropriate setting for their loved one. 411)1aAA.0,_, Pam Carter 66 q4 2 a2-5-9q November 15,2009 T° Whom It ve M¢ aY COConcern,zbaVe been°Assisted Lj�n Administrator s t°r fo g several years d a� currently ae A � Assisted 1 Community in Woodburn, OregOrce s ee°x l I have d the oppo t4 �visit numerous adult foster r pmY career. the n e s vung to of living environment, d I d the bec oo he r thex e).e e1Y high level esds, wire ed batieue t pieC the way she'd o es each dn are webeee very er traitied and wth each eide nt as ifthey a ber ft ew fa y ighl Y recommend i Adult Poster Ca e t4 who is for homelike environment and high levlevel°f individualized care for their family member. ichaej . D �_Assisted isted ��� t°r November 14, 2009 To whom it may concern: This is a letter of recommendation for Danielle Wilde. Danielle has been my mother's caregiver for the last eight months. My mother arrived at her facility with many needs requiring extensive interventions due to the uniqueness of her condition. Danielle has shown great interest in my mother and her specific needs. She has researched and consulted with medical personnel to establish strategies that may improve my mother's quality of life. She has been exemplary in accomplishing my mother's medications being diminished and using natural methods instead. My mother has responded very well and began to manage her own care more easily than prior to her placement in Danielle's foster care. Danielle is highly personable with the family and displays a desire to be holistic in meeting not only the needs of her client but to include the family as a team when making decisions. Her honesty and openness has been greatly appreciated by our family in that we know we can depend on her to report accurately any information necessary to us as well as Danielle openly accepting information from us in a collaborative manner. Her foster care team has always been professional and has never given us any doubt they are trained to care for the clients in the home. We have observed Danielle ensuring there is staff training and that her staff is expected to meet certain criteria. Her foster home is always clean, serves 3 balanced meals and snacks, individually responds to interventions for the clients, and provides a safe and calm atmosphere. As an Autism specialist I am fully aware of the difficulty of ensuring clients' needs are met, laws are adhered to and include the family as a team in an accomplished manner. I believe Danielle Wilde is an exceptional model of meeting the criteria of highly proficient in regard to managing a foster care facility. It is a privilege to write this Ietter of recommendation for Danielle. Sincerely, L 11b1 • -) Linda Sinclair tt( E_32-9 Letter of Recommendation I can, without reservation, recommend Danielle Wilde as a long-term care owner and residential care manager. Danielle cares deeply about her residents and their families. She also has both the medical and social services understanding so necessary with long-term care. Danielle imparts this understanding to her resident care managers, making Danielle's one of the absolutely best resident care homes. My Background Licensed skilled nursing and long-term care administrator: Washington, Oregon and California; Licensed Financial Advisor, including health care and long-term care insurance Washington 89 beds—skilled nursing, sub-acute pulmonary skilled nursing, and medical rehabilitation; licensed Financial Advisor, including long-term care insurance Oregon-130 long-term care residents; Licensed Financial Advisor to more than eighty long-term care home owner-clients California-130 convalescent hospital beds and residents, including a Alzheimer resident section (7v1 Ronald Carter,MBA 5-63441 2 26W December 2,2009 To Whom it May Concern, I am a registered nurse who has been working with current adult foster home owner/provider, Danielle Wilde,for over 10 years. I have seen her residents in my former capacity as a home health nurse with Legacy Visiting Nurse Association and I have worked privately to consult with Danielle as needed with her foster home residents and employees. Danielle and her foster home providers have always been receptive to my suggestions and instructions and are quick to implement changes that I might recommend in an effort to improve the home,often involving the keeping of client records. I have always found Danielle's home to be clean and organized and her residents well cared for. Danielle works closely with her clients'medical providers to see that their needs are met,and quickly reports any changes in resident's physical or emotional status to their physicians in an effort to address client concerns as soon as possible. Each foster home provider is experienced in caring for all of the needs of each client,some of them with multiple,chronic medical concerns. Danielle and her caregivers have managed brittle diabetics requiring multiple insulin shots daily,clients with colostomies and ileostomies that need close supervision and frequent changing of ostomy appliances,and residents with complicated wound care,such as that required following a post-operative wound infection or a deep pressure ulcer. Danielle is knowledgeable regarding the preparation of special diets that may be required and is ready to ask for help in areas when needed. I would highly recommend Danielle's adult foster home to anyone I know and feel completely confident they would receive the best care possible. Sincerely, M UJWW6 on Callaway, RN 503.789.7207 /212-101 To whom it may concern: I met Danielle in 2006 and for the last two years I have worked for her. She is loyal to her employees but is also very demanding of us and holds us accountable. I've learned most of what I know today by the example she has set on being ethical, honest and having a general love for all people. She has supported me through the trials and tribulations of my personal life with a loving attitude. She's always been there for me when I've needed her. She's very realistic about all situations; she doesn't jump to conclusions or pass judgment. I'm very blessed to have such a wonderful employer. Justine Winkler .50390p757 Page 1ofi Danielle Wilde From: CHILENSKI4043 @comcast.net Sent: Tuesday, December 01, 2009 12:32 PM To: daniellewilde957 @gmail.com Subject: Letter To Whom it may concern, I have known Danielle Wilde for over 15. I have personally worked with her during that span of time running her adult foster home for 6 years and have been on her emergency call list since 1995. I have always known her to be a kind, caring compassionate person who has put much effort into making each residents stay with us as comfortable as possible. I have always enjoyed working with her. And will surely do so again. The home is clean, asthetically pleasing and well run. Danielle has always taken a direct hands on approach and has always been available to her staff, families and residents. She has always worked with the families and doctors of these residents to come up with the best care plans to keep the residents in the best possible shape for whatever condition they are in. As with all homes of this nature a good fit for all residents is essential and she takes her residents health, well being and safety seriously. Her home specializes in creating a home enviroment for the elderly infirmed. The youngest person we have ever had was 60 years old in poor health and an amputated leg. The average age is between late 80's-late 90's with common serious physical health issues. The majority are wheelchair bound or cannot walk without assistance_ It is a level 3 care home in all that that implies. She has never had any resident in her home with a criminal background nor anyone with any background of serious/ potentially dangerous psychological problems that could potentially put other residents under her care at risk. She strictly follows the rules and guidelines set up by the state of Oregon. This includes background checks of all employees_ I myself during my 15 years of working there on and off have had submitted a background check each and every time I come back on. Sincerely, Pamela Chilenski o3 72r 9204 12/2/2009 Page 1 of 1 Danielle Wilde From: Grethel Ponce[grethelyponce@yahoo.com] Sent: Monday, November 30, 2009 2:58 PM To: danielle.wilde957 @gmail.com Subject: Fw:letter -- Forwarded Message -- From: Grethel Ponce <grethelyponce @yahoo.com> To:danielle.wi Ide@gmail.com Sent: Mon, November 30, 2009 2:55:07 PM Subject: To Whom It May Concern: I started working for Danielle Wilde in the year 2000,and during that time Period,I was a 24 hour living care giver for 3 days a week. Time went by and I became a full time care giver working 5 days a week for 24hour and Resident manager During that time I got to know her very well and became good friends. Danielle has being a good person to me and the residents of the home, She is an excellent care provider,she cares for their well been and health she is a person with a great personality and with a big hearth. She is a caring loving person she helped me with anything I might needed and advised me with any concern I might had at that time. She was always involve in house activities She had a good communications with family member and medical staff. She had always taught me to go by rules and regulations as per licensing All this years of knowing her she had always had a good reputation and as well very busy With her bussness,keeping everything well organized. Medicine up to date, care plans,RN delegations renewed and always keeping the home safe. I move out of the Adult Care Home because I got married and move with my family into a new home,I loved been in the home working and helping the elderly and also Danielle, I learn a lot from her,she taught me to become a better person,to respect,to love one another,and the most important discipline. Danielle is the kind of person that will love to take care of your love one,she is very good on picking her employees and that will also provide good care like she does. I care for Danielle very much,we became good friends and we always keep in touch with each other,I love her sense of humor and her wonderful personality. Sincerely: Grethel Ponce 760-677-6212 12/1/2009 T f ) • • iTiii . x4Fi 12 I I� i —.i )-14i h 1 1 Jut 18 g 0a it 1 :j.,; ,;x1.1:1_.. :, 4: IRK A. At° K P N i�: d Q�L�' Y� y M Mall 4.z[al 3.z9,r4.10 N ,x 1. .o 't 1" y gy C z 41p9.4Z, R•ll Q s7 ROADWAY?A nAMI i.Y. l / 0Y 3 o1'W" Y I y ll I �I / 0 a>+ , soft *LW n.e0 —— P 1 hi tgJ 4 i z/t'1 �, g :r r •t J -. , : , ;, It 1 t 1 Aaci?4 fl 'Vi 41: 6" :It a[a• fl _y s l• : RC "13; Fti{ LI K; N o G /0 . 4 S.W. 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FR°rvi COMPREHENSIVE PLAN MAP DESIGNATION: t r✓O r 1 — O r o S IT? 1 S i t�)pu 7'i P)-1 ZONING MAP DESIGNATION: R -2 S f ZONING DISTRICT DIMENSIONAL REQUIREMENTS (Refer to Code Section 18. ) MINIMUM LOT SIZE:iDSOsq. ft. Average Min. lot width: ft. Max. building height: ` ft. Setbacks: Front /S ft. Side ft. Rear S ft. Corner /b ft.from street. MAXIMUM SITE COVERAGE: $'6 % Minimum landscaped or natural vegetation area: .2 6 %. GARAGES: 24' ft. /PrNEIGHBORHOOD MEETING (Refer to the Neighborhood Meeting Handout) THE APPLICANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET, INTERESTED PARTIES, AND THE CITY OF TIGARD PLANNING DIVISION of their proposal. A minimum of two (2) weeks between the mailing date and the meeting date is required. Please review the Land Use Notification handout concerning site posting and the meeting notice. Meeting is to be held prior to submitting your application or the application will not be accepted. NOTE: In order to also preliminarily address building code standards, a meeting with a Plans Examiner is encouraged prior to submittal of a land use application. NARRATIVE (Refer to Code Chapter 18.390) The APPLICANT"SHALL SUBMIT A NARRATIVE which provides findings based on the applicable approval standards. Failure to provide a narrative or adequately address criteria would be reason to consider an application incomplete and delay review of the proposal. The applicant should review the code for applicable criteria. CITY OF TIGARD Pre-Application Conference Notes Page 1 of 9 Resident!Application/Planning Division Section Fir IMPACT STUDY (Refer to Code Sections 18.390.040 and 18.390.050) As a part of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to INCLUDE IMPACT'STUDY with their submittal package. The impact study shall quantify the effect of the development on public facilities and services. The study shall address, at a minimum,the transportation system, including bikeways, the drainage system,the parks system,the water system,the sewer system and the noise impacts of the development. For each public facility system and type of impact, the study shat' propose improvements necessary to meet City standards, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication requirement, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. ,ACCESS (Refer to Chapters 18.705 and 18.765) Minimum number of accesses: 1 Minimum access width: /S Minimum pavement width: / WALKWAY REQUIREMENTS (Refer to Code Chapter 18.705) Within all ATTACHED HOUSING (except two-family dwellings) and multi-family developments,each residential dwelling SHALL BE CONNECTED BY WALKWAY TO THE VEHICULAR PARKING AREA, COMMON OPEN SPACE AND RECREATION FACILITIES. n RESIDENTIAL DENSITY CALCULATION (Refer to Code Chapter 18.715) - SEE EXAMPLE BELOW. The NET RESIDENTIAL UNITS ALLOWED on a particular site may be calculated by dividing the net area of the developable land by the minimum number of square feet required per dwelling unit as specified by the applicable zoning designation. Net development area is calculated by subtracting the following land area(s) from the gross site area: All sensitive lands areas including: ► Land within the 100-year floodplain; ► Slopes exceeding 25%; ► Drainageways;and ► Wetlands for the R-1,R-2,R-3.5,R 4.5 and R-7 zoning districts. Public right-of-way dedication: ► Single-family allocate 20% of gross acres for public facilities;or ► Multi-family allocate 15% of gross acres for_public facilities;or ► If available,the actual public facility square footage can be used for deduction. EXAMPLE OF RESIDENTIAL DENSITY CALCULATIONS: (USING A ONE ACRE SITE IN THE R-12 ZONE (3,050 MINIMUM LOT SIZE) WITH NO DEDUCTION FOR SENSITIVE LANDS) Single-Family Multi-Family 43,560 sq.ft.of gross site area 43,560 sq.ft.of gross site area 8,712 sq.ft.(20%)for public right-of-way 6.534 sq.ft.(15%)for public right-of-way NET: 34,848 square feet NET: 37,026 square feet 3,050(minimum lot area) - 3,050(minimum lot area) = 11.4 Units Per Acre = 12.1 Units Per Acre Note: The Development Code requires that the net site area exist for the next whole dwelling unit. NO ROUNDING UP IS PERMITTED. Note: Minimum Project Density is 80%of the maximum allowed density. TO DETERMINE THIS STANDARD,MULTIPLY THE MAXIMUM NUMBER OF UNITS BY.8. CITY OF TIGARD Pre-Application Conference Notes Page 2 of 9 Residential Application/Planning Division Section SPECIAL SETBACKS (Refer to Code Section 18.730) P. STREETS: feet from the centerline of . ► FLAG LOT: A TEN(10)-FOOT SIDE YARD SETBACK applies to all primary structures. ► ZERO LOT LINE LOTS: A minimum of a ten (10)-foot separation shall be maintained between each dwelling unit or garage. ► MULTI-FAMILY RESIDENTIAL building separation standards apply within multiple-family residential developments. ACCESSORY STRUCTURES UP TO 528 SQUARE FEET in size may be permitted on lots less than 25 acres in size. Five (5)-foot minimum setback from side and rear lot lines. ACCESSORY STRUCTURE UP TO 1,000 SQUARE FEET on parcels of at least 2.5 acres in size. (Note: See applicable zoning district for the primary structures' setback requirements.) I I FLAG LOT BUILDING HEIGHT PROVISIONS (Refer to Code Chapter 18.730) MAXIMUM HEIGHT OF 11/2 STORIES or 25 feet, whichever is less in most zones; 21h stories, or 35 feet in R-7, R-12,R-25 or R-40 zones provided that the standards of Section 18.730.010.C2 are satisfied. BUFFERING AND SCREENING (Refer to Code Chapter 18.745) In order TO INCREASE PRIVACY AND TO EITHER REDUCE OR ELIMINATE ADVERSE NOISE OR VISUAL IMPACT'S between adjacent developments,especially between different land uses,the CITY REQUIRES LANDSCAPED BUFFER AREAS along certain site perimeters. Required buffer areas are described byte Code in terms of width. Buffer areas must be occupied by a mixture of deciduous and evergreen trees and shrubs and must also achieve a balance between vertical and honzontal plantings. Site obscuring screens or fences may also be required; these are often advisable even if not required by the Code. The required buffer areas may only be occupied by vegetation, fences, utilities, and walkways. Additional information on required buffer area materials and sizes maybe found in the Development Code. The ESTIMATED REQUIRED BUFFERS applicable to your proposal area is: Buffer Level along north boundary. Buffer Level along east boundary. Buffer Level along north boundary. Buffer Level along east boundary. IN ADDITION,SIGHT OBSCURING SCREENING IS REQUIRED ALONG: . i LANDSCAPING (Refer to Code Chapters 18.745, 18.765 and 18.705) STREET TREES ARE REQUIRED FOR ALL DEVELOPMENTS FRONTING ON A PUBLIC OR - PRIVATE STREET as well as driveways which are more than 100 feet in length. Street trees must be placed either within the public right-of-way or on private property within six (6) feet of the right-of-way boundary. Street trees must have a minimum caliper of at least two (2) inches when measured four (4) feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the branching width of the proposed tree species at maturity. Further information on regulations affecting street trees may be obtained from the Planning Division. A MINIMUM OF ONE (1) TREE FOR EVERY SEVEN (7) PARKING SPACES MUST BE PLANTED in and around allparking areas in order to provide a vegetative canopy effect. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. /RECYCLING (Refer to Code Chapter 18.755) Applicant should CONTACT FRANCHISE HAULER FOR REVIEW AND APPROVAL OF SITE SERVICING COMPATIBILITY. Locating a trash/recyclin g enclosure within a clear vision area such as at the intersection of two (2) driveways within a parking lot is prohibited. Much of Tigard is within Pride Disposal's Service area. Pride Disposal can be reachedat (503) 625-6177. PARKING (Refer to Code Chapters 18.765& 18.705) ALL PARKING AREAS AND DRIVEWAYS MUST BE PAVED. ► Single-family Requires: One (1) ff-street parking space per dwelling unit;and One 1) space per unit less than 500 square feet. ► Multiple-family Requires: 1.25 spaces per unit for 1 bedroom; 1.5 spaces per unit for 2 bedrooms;and 1.75 spaces per unit for 3 bedrooms. `7rrovis (Iv/o5 i ,t)/7- 5. i.e., S — fo‘ _-,1 r,02//te QTY OF TIGARD Pre-Application Conference Notes Page 3 of 9 Residential Application/Phnning Division Section Multi-family dwelling units with more than ten (10) required spaces shall provide parking for the use of guests and shall consist of 15% of the total required parking. NO MORE THAN 50% OF REQUIRED SPACES MAY BE DESIGNATED AND/OR DIMENSIONED AS COMPACT'SPACES. Parking stalls shall be dimensioned as follows: d Standard parking space dimensions: 8 feet,6 inches x 18 feet,6 inches. r. Compact parking space dimensions: 7 feet,6 inches x 16 feet,6 inches. r Handicapped parking: All parking areas shall provide appropriately located and dimensioned disabled person parking spaces. The minimum number of disabled person parking spaces to be provided, as well as the parking stall dimensions, is mandated by the Americans with Disabilities Act (ADA). A handout is available upon request. A handicapped parking space symbol shall be painted on the parking space surface and an appropriate sign shall be posted. U BICYCLE RACKS (Refer to Code Section 18.765) BICYCLE RACKS are required FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in convenient locations. n SENSITIVE LANDS (Refer to Code Chapter 18.775) The Code provides REGULATIONS FOR LANDS WHICH ARE POTENTIALLY UNSUITABLE FOR DEVELOPMENT DUE TO AREAS WITHIN THE 100-YEAR FLOODPLAIN, NATURAL DRAINAGE WAYS,WETLAND AREAS,ON SLOPES IN EXCESS OF 25 PERCENT, OR ON UNSTABLE GROUND. Staff will attempt to preliminary identify sensitive lands areas at the pre-application conference based on available information. HOWEVER, the responsibility to precisely identify sensitive land areas, and their boundaries, is the responsibility of the applicant. Areas meeting the definitions of sensitive lands must be clearly indicated on plans submitted with the development application. Chapter 18.775 also provides regulations for the use, protection, or modification of sensitive lands areas. RESIDENTIAL DEVELOPMENT IS PROHIBITED WITHIN FLOODPLAINS. I I STEEP SLOPES (Refer to Code Section 18.775.070.C) When STEEP SLOPES exist, prior to issuance of a final order, a geotechnical report must be submitted which addresses the approval standards of the Tigard Community Development Code Section 18.775.080.0 The report shall be based upon field exploration and investigation and shall include specific recommendations for achieving the requirements of Section 18.775.080.0 CLEAN WATER SERVICES (CWS) BUFFER STANDARDS (Refer to CWS R&O 07-20/USA Regulations-Chapter 3) LAND DEVELOPMENT ADJACENT TO SENSITIVE AREAS shall preserve and maintain or create a vegetated corridor for a buffer wide enough to protect the water quality functioning of the sensitive area. Design Criteria: The VEGETATED CORRIDOR WIDTH is dependent on the sensitive area. The following table identifies the required widths: (See Table 3.1 on following page) QTY OF TIGARD Pre-Application Conference Notes Page 4 of 9 Residential Application/Planning Division Section • TABLE 3.1 VEGETATED CORRIDOR WIDTHS SOURCE: CWS DESIGN AND CONSTRUCTION STANDARDS MANUAL/RESOLUTION&ORDER 07-20 SENSITIVE AREA DEFINITION • SLOPE ADJACENT WIDTH OF VEGETATED TO SENSITIVE AREA' CORRIDOR PER SIDE2 ♦ Streams with intermittent flow draining: <25% 15 feet 10 to <50 acres 0 >50 to <100 acres 25 feet • Existing or created wetlands <0.5 acre 25 feet ♦ Existing or created wetlands X1.5 acre <25% 50 feet • Rivers,streams,and springs with year-round flow ♦ Streams with intermittent flow draining >100 acres ♦ Natural lakes and ponds • Streams with intermittent flow draining: >25% 10 to <50 acres 30 feet >50 to <100 acres 50 feet ♦ Existing or created wetlands >25% Variable from 50-200 feet. Measure in 25- ♦ Rivers,streams,and springs with year-round flow foot increments from the starting point to ♦ Streams with intermittent flow draining >100 acres the top of ravine(break in <25%slope), ♦ Natural lakes and ponds add 35 feet past the top of ravine3 'Starting point for measurement —edge of the defined channel(bankful flow)for streams/rivers,delineated wetland boundary,delineated spring boundary,and/or average high water for lakes or ponds,whichever offers greatest resource protection. Intermittent springs,located a minimum of 15 feet within the river/stream or wetland vegetated corridor,shall not serve as a starting point for measurement. 2Vegetated corridor averaging or reduction is allowed only when the vegetated corridor is certified to be in a marginal or degraded condition. 3The vegetated corridor extends 35 feet from the top of the ravine and sets the outer boundary of the vegetated corridor. The 35 feet may be reduced to 15 feet,if a stamped geotechnical report confirms slope stability shall be maintained with the reduced setback from the top of ravine. Restrictions in the Vegetate Corridor: NO structures, development, construction activities, gardens, lawns, application of chemicals, dumping of any materials of any kind, or other activities shall be permitted which otherwise detract from the water quality protection provided by the vegetated corridor,except as pn tided far in the USA Design and Construction Stases. Location of Vegetated Corridor: IN ANY RESIDENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCELS or lots intended for separate ownership,such as a subdivision,the vegetated corridor shall be contained in a separate tract,and shall not be a part of any parcel to be used for the construction of a dwelling unit. CWS Service Provider Letter: PRIOR TO SUBMITTAL of any land use applications, the applicant must obtain a CWS Service Provider Letter which will outline the conditions necessary to comply with the CWS R&O 07-20 sensitive area requirements. If there are no sensitive areas,CWS must still issue a letter stating a CWS Service Provider Letter is not required. SIGNS (Refer to Code Chapter 18.780) SIGN PERMITS MUST BE OBTAINED PRIOR TO INSTALLATION OF ANY SIGN in the City of Tigard. A "Guidelines for Sign Permits" handout is available upon request. Additional sign area or height beyond Code standards may be permitted if the sign proposal is reviewed as part of a development review application. Alternatively,a Sign Code Exception application may be filed for Director's review. ❑ TREE REMOVAL PLAN REQUIREMENTS (Refer to Code Section 18.790.030.0 and the "Tree Plan Requirements Handout" included in your pre-application conference packet) A TREE PLAN FOR THE PLANTING,REMOVAL AND PROTECTION OF TREES prepared by a certified arborist shall be provided for any lot, arcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review, planned development, or conditional use is filed. PROTECTION IS PREFERRED OVER REMOVAL WI-EREVER POSSIBLE (Address all items in the City's Tree Plan Requirements Handout). CITY OF TIGARD Pre-Application Conference Notes Page 5 of 9 Residential Application/Planning Division Section THE TREE PLAN SHALL_ ...1..UDE the following: r Identification of the location,size,species,and condition of all existing trees greater than 6-inch caliper. Identification of a_program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.790.060D according to the following standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: • Retainage of less than 25% of existing trees over 12 inches in caliper requires a mitigation program according to Section 18.150.070D.of no net loss of trees; • Retainage of from 25 to 50% of existing trees over 12 inches in caliper requires that two-thirds of the trees to be removed be mitigated according to Section 18.790.060.D.; • Retainage of from 50 to 75% of existing trees over 12 inches in caliper requires that 50% of the trees to be removed be mitigated according to Section 18.790.060.D.; • Retainage of 75% or greater of existing trees over 12 inches in caliper requires no mitigation; • Identification of all trees which are proposed to be removed;and A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. TREES REMOVED WITHIN THE PERIOD OF ONE (1) YEAR PRIOR TO A DEVELOPMENT APPLICATION LISTED ABOVE will be inventoried as part of the tree plan above and will be replaced according to Section 18.790.060D. ❑ MITIGATION (Refer to Code Section 18.790.060.E.) REPLACEMENT OF A TREE shall take place according to the following guidelines: ® A replacement tree shall be a substantially similar species considering site characteristics. �► If a replacement tree of the species of the tree removed or damages is not reasonably available, the Director may allow replacement with a different species of equivalent natural resource value. ▪ If a replacement tree of the size cut is not reasonably available on the local market or would not be viable, the Director shall require replacement with more than one tree in accordance with the following formula: • The number of replacement trees required shall be determined by dividing the estimated caliper size of the tree removed or damaged, by the caliper size of the largest reasonably available replacement trees. If this number of trees cannot be viably located on the subject property,the Director may require one (1) or more replacement trees to be planted on other property within the city,either public property or, with the consent of the owner,private property. • The planting of a replacement tree shall take place in a manner reasonably calculated to allow growth to matunty. IN LIEU OF TREE REPLACEMENT under Subsection D of this section, a party may, with the consent of the Director,elect to compensate the City for its costs in performing such tree replacement. CLEAR VISION AREA (Refer to Code Chapter 18.795) The Qty requires that 0.FAR VISION AREAS BE MAINTAINED BETWEEN THREE (3) AND EIGHT(8) FEET IN HEIGHT at road/driveway, road/railroad, and road/road intersections. The size of the required clear vision area depends upon the abutting street's functional classification and any existing obstructions within the clear vision area. The applicant shall show the clear vision areas on the site plan, and identify any obstructions in these areas. ❑ FUTURE STREET PLAN AND EXTENSION OF STREETS (Refer to Code Section 18.810.030.F.) A FUTURE STREET PLAN shall: ► Be filed by the applicant in conjunction with an application for a subdivision or partition. The plan shall show the pattern of existing and proposed future streets from the boundaries of the proposed land division and shall include boundanes of the proposed land division and shall include other parcels within 200 feet surrounding and adjacent to the proposed land division. • Identify existing or proposed bus routes, pullouts or other transit facilities, bicycle routes and pedestrian facilities on or within 500 feet of the site. Where necessary to ive access or permit a satisfactory future division of adjoining land,streets shall be extended to the boundary lines of the tract to be developed. CITY OF TIGARD Pre-Application Conference Notes Page 6 of 9 Residential Application/Planning Division Section ADDITIONAL LOT DIMENSIONAL REQUIREMENTS (Refer to Code Section 18.810.060) MINIMUM LOT FRONTAGE: 25 feet unless lot is created through the minor land partition process. Lots created as part of a partition must have a minimum of 15 feet of frontage or have a minimum 15-foot wide access easement. The DEPTH OF ALL LOTS SHALL NOT EXCEED 21/2 TIMES THE AVERAGE WIDTH,unless the parcel is less than 11/2 times the minimum lot size of the applicable zoning district. I BLOCKS (Refer to Code Section 18.810.090) The perimeter of BLOCKS FORMED BY STREETS SHALL NOT EXCEED 1,800 FEET measured along the right-of-way center line except where street location is precluded by natural topography, wetlands or other bodies of water or,pre-existing development. When block lengths greater than 330 feet are permitted,pedestrian/bikeways shall be provided through the block. CODE CHAPTERS V 18.330(Conditional Use) 18.620(Tigard Triangle Design Standards) /18.760(Nonconforming Situations) - 18.340(Director's Interpretation) 18.630(Washington Square Regional Center) _✓ 18.765(Off-Street Parking/Loading Requirements) - 18.350(Planned Development) 18.640(Durham Quarry Design Standards) 18.775(Sensitive Lands Review) 18.360(Site Development Review) _V 18.705(Access/Egress/Circulation) 18.780(Signs) 18.370(Variances/Adjustments) 18.710(Accessory Residential Units) _ 18.785(Temporary Use Permits) - 18.380(Zoning Map/Text Amendments) 18.715(Density Computations) _ 18.790(Tree Removal) - 18.385(Miscellaneous Permits) - 18.720(Design Compatibility Standards) 18.795(Visual Clearance Areas) 18.390(Decision Making Procedures/Impact Study) 18.725(Environmental Performance Standards) _ 18.798(Wireless Communication Facilities) - 18.410(Lot Line Adjustments) 18.730(Exceptions To Development Standards) _ 18.810(Street&Utility Improvement Standards) 18.420(Land Partitions) 18.740(Historic Overlay) 18.430(Subdivisions) 18.742(Home Occupation Permits) 1,--18.510(Residential Zoning Districts) 18.745(Landscaping&Screening Standards) - 18.520(Commercial Zoning Districts) 18.750(Manufactured/Mobil Home Regulations) 18.530(Industrial Zoning Districts) 18.755(Mixed Solid Waste/Recycling Storage) ADDITIONAL CONCERNS OR COMMENTS: 5 h7P//r/(T ego. /& (Js 7 77V/r ST7E7T' /.UGC--s / �PAr°4 06ZS 618ip 4./WOO 211 S[h 7'r1,1-L e.owe--; c1 c-r r,) t.w s) en <vICr7G gES/O zes /5 f' '"/ A-5 cvlo1 / '& yri-c Os E(s / /8. 330 A9OG63-5,' 506/d/1' // f -4-11o0LccTL- //) 2J 4,Xc-e / ccA- t/ 76 6-S - k ve t'/eb "ba,deC f, o7 ' ik&-C/f/' 'd /f 7 QTY OF TIGARD Pre-Application Conference Notes Page 7 of 9 Residential Application/Planning Division Section PROCEDURE Administrative Staff Review. Public hearing before the Land Use Hearings Officer. Public hearing before the Planning Commission. Public hearing before the Planning Commission with the Commission making a recommendation on the proposal to the City Council. An additional public hearing shall be held by the City Council. APPLICATION SUBMITTAL PROCESS All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the Community Development Department at Tigard City Hall offices. PLEASE NOTE: Applications submitted by mail or dropped off at the counter without Planning Division acceptance may be returned. The Planning counter closes at 5:00 PM. Maps submitted with an application shall be folded IN ADVANCE to 81/2" x 11". One, 81/2" x 11" map of a proposed project shall also be submitted for attachment to the staff report or administrative decision. Applications with unfolded maps shall not be accepted. The Planning Division and Engineering Department will perform a preliminary review of the application and will determine whether an application is complete within 30 days of the counter submittal. Staff will notify the applicant if additional information or additional copies of the submitted materials are required. The administrative decision or public hearing will typically occur approximately 45 to 60 days after an application is accepted as being complete by the Planning Division. Applications involving difficult or protracted issues or requiring review by other jurisdictions may take additional time to review. Written recommendations from the Planning staff are issued seven (7) days prior to the public hearing. A 10-day pu lic_appeal period follows all land use decisions. An appeal on this matter would be heard by the Tigard C o L.)20.)c c L A basic flow chart which illustrates the review process is available from the Pla • g Division upon request. Land use applications requiring a public hearing must have notice posted on-site by the applicant no less than 10 days prior to the public hearing. This PRE-APPLICATION CONFERENCE AND THE NOTES OF THE CONFERENCE ARE INTENDED TO INFORM the prospective applicant of the primary Community Development Code requirements applicable to the potential development of a particular site and to allow the City staff and prospective applicant to discuss the opportunities and constraints affecting development of the site. SUBDIVISION PLAT NAME RESERVATION (Washington County Surveyor's Office: 503-648-8884) PRIOR TO SUBMITTING A SUBDIVISION LAND USE APPLICATION with the City of Tigard, applicants are required to complete and file a subdivision plat naming request with the Washington County Surveyors Office in order to obtain approval/reservation for any subdivision name. Applications will not be accepted as complete until the City receives the faxed confirmation of approval from the County of the Subdivision Name Reservation. BUILDING PERMITS PLANS FOR BUILDING AND OTHER RELATED PERMITS WILL NOT BE ACCEPTED FOR REVIEW UNTIL A LAND USE APPROVAL HAS BEEN ISSUED. Final inspection approvals by the Building Division will not be granted until there is compliance with all conditions of development approval. These pre-application notes do not include comments from the Building Division. For proposed buildings or modifications to existing buildings, it is recommended to contact a Building Division Plans Examiner to determine if there are building code issues that would prevent the structure from being constructed, as proposed. Additionally, with regard to Subdivisions and Minor Land Partitions where any structure to be demolished has system development charge (SDC) credits and the underlying parcel for that structure will be eliminated when the new plat is recorded, the City's policy is to apply those system development credits to the first building permit issued in the development (UNLESS OTHERWISE DIRECTED BY THE DEVELOPER AT THE TIME THE DEMOLITION PERMIT IS OBTAINED). CITY OF TIGARD Pre-Application Conference Notes Page 8 of 9 Residential Application/Planning Division Section PLEASE NOTE: • The conference and notes cannot cover all Code requirements and aspects related to site planning that should apply to the development of your site plan. Failure of the staff to provide information required by the Code shall not constitute a waiver of the applicable standards or requirements. It is recommended that a prospective applicant either obtain and read the Community Development Code or ask any questions of City staff relative to Code requirements prior to submitting an application. AN ADDITIONAL PRE-APPLICATION FEE AND CONFERENCE WILL BE REQUIRED IF AN APPLICATION PERTAINING TO THIS PRE-APPLICATION CONFERENCE IS SUBMITTED AFTER A PERIOD OF MORE THAN SIX (6) MONTHS FOLLOWING THIS CONFERENCE (unless deemed as unnecessary by the Planning Division). PREPARED BY: �5 fir/ CITY OF TIGARD PL NG D SIGN - STAFF PERSON HOLDING PRE-APP.MEETING PHONE: 503-639-4171 FAX: 503-624-3681 DIRECT: 503-718- 2/3y EMAIL: c(4 ry p @tigard-or.gov TITLE 18 (CITY OF TIGARD'S COMMUNITY DEVELOPMENT CODE)INTERNET ADDRESS: www.tigard-or.gov H\patty\masters\Pre-App Notes Residential.doc Updated: 27-Feb-08 (Engineering section:preapp.eng) CITY OF'TIGARD Pre-Application Conference Notes Page 9 of 9 Residential Application/Planning Division Section 4t ''` . Tuesday November 2008 December 2008 January 2009 S 71-T- 1 O 2 1 1 2 3 4 5 6 1 2 3 - 3 4 5 6 7 8 8 9 10 11 12 13 4 5 6 7 8 9 10 1011 12131415 1516 17 18 19 20 11 12 13 14 15 16 17 17 18 19 20 21 22 22 23 24 25 26 27 18 19 20 21 22 23 24 December 2008 242526272829 29 30 31 25 26 27 28 29 30 31 Day 337,029 Left Week 49 Appointments 8 30 9 00 30 10" 30 11 00l Erin Wilde 503-318-1586 12550 SW 134th Ave CUP Group Living CR-1 30 1200 PM 30 00 30 2 00 30 3 00 30 4 00 30 5 00 30 1 /1cv2nns a•c7 PM CITY OF TIGARD 1 1/19/2008 I N 13125 SW Hall Blvd. 2:39:34PM Tigard,OR 97223 503.639.4171 TIGARD Receipt #: 27200800000000003908 Date: 11/19/2008 Line Items: Case No Tran Code Description Revenue Account No Amount Paid PRE2008-00056 [LANDUS] PreApp Conf 100-0000-438000 323.00 PRE2008-00056 [LRPF] LR Planning Surcharge 100-0000-438050 47.00 Line item Total: $370.00 r rents: Method Payer User ID Acct./Check No. Approval No. How Received Amount Paid CreditCard ERIN D. WILDE KIP 03594A In Person 370.00 Payment Total: $370.00 ckeccopt.rpt Page I of I PRE-APPLICATION IN CONFERENCE REQUEST City j Tiga7dd Pewit Center 13125 SW Hall Blzd, Tigzrg OR 97223 Phone. 503.639.4171 Fax:5 03.5 98.1960 GENERAL INFORMATION Applicant v(! r ? ��+ �(/ FOR STAFF USE ONLY Address: 102,E S 1A) 13 r t:Z 1d 1JS City: / C pit Di� Zip: 97�� Case No.: a..30 Contact Person: (�V l/V Phone: Receipt No.: ��?— 3 Application Accepted By. _ I 7 IC I)- Property Owner/Deed Holder(s): t t "1dp. Date: // /lJ • DATE OF PRE-APP.: 2 v 2 Address: SATO Phone: TIME OF PRE-APP.: i2� City Zip: PRE-APP.HELD WITH Rev.7/1/07 Property Address/Location(s): is\curpin\masters\land use applications\Pre-App Request App.doc 125-0 Sc() 13 4-1 f e4/ _ REQUIRED SUBMITTAL ELEMENTS Tax Map&Tax Lot (s): L- �a-700 ( (Note: applications will no be accepted i without the required submittal elements) Zoning: kp_`J f&DU TZ // i ❑ Pre-Application Conf.Request Form Site Size: CU Mal) 7� I/05-5r- ( '/7 of 5 COPIES EACH OF THE FOLLOWING: ❑ Brief Description of the Proposal and any PRE-APPLICATION CONFERENCE INFORMATION I site-specific questions/issues that you would like to have staff research prior to the All of the information identified on this form are required to be submitted by meeting. the applicant and received by the Planning Division a minimum of one (11 1 ❑ Site Plan. The site plan must show the week prior to officially scheduling a pm-application conference date/time to I proposed lots and/or building layouts drawn allow staff ample time to prepare fertile meeting. to scale. Also, show the location of the subject property in relation to the nearest A pre-application conference can usually be scheduled within 1-2 weeks of the I streets; and the locations of driveways on the Planning Division's receipt of the request for either Tuesday or Thursday I subject property and across the street. mornings. Pre-application conferences are one (1) hour long and are typically ❑ Vicinity Map. held between the hours of 9:00-11:00 AM. ❑ The Proposed Uses. PRE-APPLICATION CONFERENCES MUST BE SCHEDULED IN ❑ Topographic Information. Include Contour PERSON AT THE COMMUNITY DEVELOPMENT COUNTER Lines if Possible. FROM 8:00-4:00/MONDAY-FRIDAY. ❑ If the Pre-Application C reference is for a IF MORE THAN 4 PEOPLE ARE EXPECTED TO ATTEND THE MONOPOLE proje , the applicant must PRE-APPLICATION CONFERENCE IN YOUR GROUP, PLEASE attach a copy of t letter and proof in the INFORM THE CITY IN ADVANCE SO THAT ALTERNATE ROOM form of an of ' avit of mailing, that the ARRANGEMENTS CAN BE MADE TO ACCOMMODATE THE collocation tocol was completed (see GROUP. Section . 98.080 of the Tigard Community Development Code). 1--1 n:1:.,,l:oo von nn JI Danielle's Adult foster Care 12550 SW 134th Ave Tigard OR 97223 503-590-4306 fx 503-524-1742 November 7, 2008 Dear Planning Board, I am applying for a Conditional Use Permit to change my existing Adult Foster Care Home into a Residential Care Facility. I am asking for an increase of one bed for a total of six residents. This will require no additional construction. Some of the concerns that I am addressing are parking. None of my residents drive, and in the 15 years of me owning this AFC, I have never had a resident that did drive. My residents are very elderly and therefore are not driving any longer. I would not be increasing employees because I already have enough staff to qualify for the change in licensing. Two of my employees don't drive and don't require a parking space. The visitors of the residents usually come once a week and many times come on the weekends. The visitors usually do not come in the peak traffic times. I have two parking spots in the driveway. It would be possible to add at least two more parking spots on the left (north side) side of the driveway if it was mandatory. As far as the layout and dimensions, everything is on the maps I have provided and is in the existing house as is. The house was built by me in 1993. Kind st Regards, . ()4 Erin Danielle Wilde November 11, 2008 Dear Danielle, I am very happy to hear about you possibly adding new residents. As a skilled nursing administrator of 130 beds and an assisted living administrator of 89 residents, I have the background to know just how great a job that you are doing. Following up on your question, parking has never been an issue for me. There's always plenty of parking. Frankly, as a family member, I rarely park at your home during business hours. I'm busy writing group health care policies for my business clients. Most of the other families are the same—I've never heard any complaints about parking. Thank you for the excellent care that you are providing my uncle. You understand that wonderful balance of medical and social skills that are part of our absolute best assisted living owners. Thank you also for your staffing. I always appreciate your extra staffing. So many others are understaffed. I trust your staff and know how caring they are. /frAl &4t--- 775and psi de,A" 3 f2 24900 Danielle's Adult foster Care 12550 SW 134th Ave Tigard OR 97223 503-590-4306 fx 503-524-1742 November 7, 2008 The Proposed Uses of this property is to change from an Adult Foster Care Home to a Residential Care Facility. A population of 6 elderly people instead of 5 as in Adult Foster Care. GEOORA . INFORMATION SYSTEM I Ne-41 , 4,,.cA 111111111 VICINITY MAP litft all 12550 SW 134TH IN 11111111*** 0 - iiifrita■ AO • ST whim N11 ,,k "A ilr �� Ili �,„„ F iNlSH IN . um 4,: : ,. . : '■ I. • SUBJECTsrrEI_ ► Z .w A BOUNEFF ST y 4 4aJiii'i ALNUT LN IOW FR luU ROSY , S SO lie Alb it 74c9P N 44t/i, mon mak ' 1 100 200 300 Feet mi %iv No 111,.., I - ST 0--• LIII•� TIGARD Intion on.. là th S Di� should be verified vnth the Development Services D�v■slan. I 13125 SW Hall Blvd dal Tigard.OR 97223 (503)639-4171 Community Development http:/t wmacitigardonus Plot date:Oct 16,2008,C:1magic\MAGIC03.APR ' -----_-_- -` • � / • � ' \ / \ ii.,_ ,, ,,„7 .,,,,\ , alli 41111116('-- ---- '-":.--...--\\C1)---- ; _, int , ,aii„ _.... ,,,...u., ,... , , .,_.),,_.. Q., im, 411Mil z / all 41/111111 .a' *El Nii :____:: Iin ' .--• ---.. //.-- .,-/-":<:-.. 1...:•"..;-: pi -.:, \ ' ) 1 Nie r 1 Fir / , /Ill/ ........ .....m J /i, ,lai int or,- sic ,. \) ,\., , 1.. . 1t#, Aw,/,/,, 4 , v...0 ,,_ ___ ....... • , . , . ,..„ , - ,..,--. / / , ci) , ‘ ,,Ilrif, „' „ ., / i'''' / 1 41/ /' i /' // / / gli,ipirtv / / / \. I , , 133R0 1 \ f .i.kr; , I / / / , 7 ,,ir II I 1%9 me / \\mamma, _ . ,, / 1 ,- i ,- A , 4 \ ------,-/-1------ 7 -- iii7_,___.,,,,i,..iii,/ , .. 'ITO!') 111 poo. , .i .. ,-- / , P . ,,,,_______ ,...._._ , , , 134 H 1. - , / 44 ; ( . 410...._ .i . malgrivA.:,,, ;0-i A‘t,* ) :'4k, ip i / ,_J \ 1 ' , I ( 1 / / - --,---"‘ ' I I I 1 ( / . .'"/ . -' ---/-- __-_:.......t.1.1._______. '/ I 44 ' los' ____ F 1 1 / 1 -- J ( (i 1 _...-------.. _____ 1,,,_/ .49; _. 1 , li i ' \ I \ t i 4 ,/ / ,.... Milip ■a <r \ \ \ __.. 0\ \ \\ ____,,____„,mmi .01, , \ r . -. - ' ` s . ‘-' \ -'-.\\,-\\-f) `, 2.___,.-- \WWII, _pi \ , _.., , --ox--1- . --,,, --.,.. - __ -,,N\.\\,,,, . \\.,.', ..... __ , ,,\0 oil. -3:...„, \... 0 ii, ,, --- ---. - - , -\\. . 100.00' �a- EXISTING DRIVEWAY EXISTING o HOUSE _ o 1 Il cl 98.51' ` Lout oc rmiar m EXISTING HOUSE 124 a VW 7C SF Q, vs • >t Q CAA EXISTING‘, SITE PLAN DRIVEW SCALE 1" = 30'-0" SITE INFORMATION: ADDRESS: 12550 SW 13411-1 AVE- TIGARO, OREGON. 9722 E 3 OWNER: DANIELLE NILDE PHONE: 503-590-4306 EXISTING HOUSE cd CONCEPTS IN PRELIMINARY MARKET ANALYSIS COMMUNITY TIGARD, OREGON L T V�NC I N G PREPARED FOR:ERIN DANIELLE WILDE The information to follow serves as an abbreviated and very preliminary market analysis only of current market conditions for residential care beds in Tigard, Oregon. This review is a study that examines the age and health eligible population within Tigard city limits. Criteria applied included households age 65 and over at all income levels. Preliminary market potential for residential care beds was analyzed. Currently licensed assisted living (ALF), residential care (RCF), and adult foster care (AFC) beds, as located on SPDS listings dated December 2007 are included in discussion. It should be noted that providers have not been reviewed or verified nor has research been completed for any planned competition within the area. MARKET AREA Tigard is located approximately 10 miles to the southwest of Portland and includes portions of zip codes 97223 and 97224,as illustrated following. M ( 6i a �" ! I \ I.: m ® ■ J 1 .d of 97223 . 1. • . Ii .a eMC11Y11AAN /+ r� Wilki' e: .. V PiooJwsa a AREA COMPETITORS Within the two Tigard zip codes there were 32 providers located, which include one assisted living facility licensed for 55 beds, one residential care facility licensed for 15 beds, and 30 adult foster care homes each licensed for five or fewer beds. CONCLUSION Based upon this review it appears that there is a viable market additional assisted care beds in Tigard. The preliminary analysis suggests that a quite viable market exists for up to 47 units of assisted living within the selected market area. It should however be stressed that these findings were based upon a rather large primary market area that may or may not prove plausible following a more in-depth community analysis. ATTACHMENT DEMOGRAPHIC WORK TABLE FOR ASSISTED LIVING TIGARD,OREGON 2007(est.) 2012(proj.) Total Population 46,903 50,655 Total 65-74 Population 2,443 3,313 Total 75+Population 2,541 2,744 Total 65-74 Households 1,494 1,990 Total 75+Households 1,610 1,715 Health Eligible Households: Total 65-74 90 119 Total 75+ 403 429 Health Eligible Households 492 548 *Less Number in Comparable Facilities 220 220 Total Market Potential 272 328 Gross Market Penetration Rate Unit Size: 2 0.7% 0.6% 4 1.5% 1.2% 6 2.2% 1.8% 8 2.9% 2.4% 10 3.7% 3.0% Refined Market Penetration Rate Unit Size: 2 0.4% 0.3% 4 0.8% 0.7% 6 1.3% 1.0% 8 1.7% 1.4% 10 2.1% 1.7% Licensed Beds 2007 2012 Woodland Heights(ALF) 55 55 Elderly Care Home(RCF) 15 15 30 homes(AFC) 150 150 CCL,edo page 2 2008 February • ATTACHMENT KEY TO PRELIMINARY DEMOGRAPHICS WORK TABLE DEMOGRAPHICS The proceeding Preliminary Demographic worktable provides the basic information necessary to determine the marketability of Assisted Living units in Tigard, Oregon. Demographic and income data for the table comes from data provided by Claritas/NPDC Corporation from the 2000 census; health eligibility data comes from the National Center for Health Statistics(NCHS) and the experience of facilities similar to the proposed project,which have been constructed during the past ten to fifteen years. The table has the following sections- Total Population, Total Households, Health Eligible Households, Total Market Potential, and Gross Market Penetration Rate. Total Population The total population provides population figures for 2007 (estimates) and 2012 (projections) for the total population in the PMA and the sub-groups for ages 65-74 and 75&Over. Total Households In this section, Total Population is reduced to households. Households are used as the primary unit of analysis because decisions about residency are most often made by households and not individuals. In addition,relatively accurate income information is available only for households. Health Eligible Households: This section reduces households most likely to need the services of an assisted living facility. The National Center for Health Statistics(NCHS)publishes data on the functional capacities of older persons.According to NCHS data approximately six percent of the population aged 65 to 74 have functional limitations with two or more activities of daily living or have cognitive impairments,which require protective supervision; twenty-five percent of the 75 and over population is so impaired. Number in Comparable Facilities: The number of households currently residing in comparable facilities must be subtracted from the Health Eligible Households. Total Market Potential: The Total Market Potential is arrived at by subtracting the number of households in comparable facilities, if any, from the total Health Eligible Households. The Total Market Potential is then, in essence, the total estimated or projected number of households who would be the most likely candidates from a health functionality stand point. Gross Market Penetration Rate: Dividing the number of units in a proposed facility by the Total Market Potential arrives at these figures. The penetration rate is the percentage of Health Eligible Households, which must choose the facility to achieve full occupancy. Based upon data from existing facilities it is not unreasonable to "capture" as high as twenty percent of the potential market for assisted living. Refined Market Penetration Rate: The Refined Market Penetration Rate adjusts the Gross Market Penetration Rate by applying an experience assumption for residents who are not included in the market area demographics, i.e., those who enter from outside the market area, are under age 65, and those who do not have two or more ADL limitations. Based upon data from existing facilities approximately 43 percent of a facility's residents are not counted in the market area demographics. CCL,edo page 3 2008 February LAND USE PROPOSAL DESCRIPTION 1110 TIGARD' 120 DAYS = 7/8/2010 FILE NOS.: CONDITIONAL USE PERMIT (CUP) 2009-00003 ADJUSTMENT (VAR) 2009-00021 FILE TITLE: WILDE RESIDENTIAL CARE FACILITY APPLICANT: Steve Bloomquist OWNER: Danielle Wilde Harris McMonagle Associates,Inc. 12550 SW 134th Avenue 8740 SW Scoffins Street Tigard,OR 97224 Tigard,OR 97223 PROPOSAL: A request for Conditional Use approval on a 0.17-acre site to expand an existing adult foster care facility in a single-family dwelling to exceed five beds. The project includes adding three beds to the existing five-bed adult foster care facility. A Special Adjustment is also requested for a reduction in the minimum off-street parking requirement from four to three spaces. LOCATION: 12550 SW 134th Avenue;Washington County Tax Assessor's Map 2S104AC,Tax Lot 02700. ZONE: R-25: Medium High-Density Residential District. The R-25 zoning district is designed to accommodate existing housing of all types and new attached single-family and multifamily housing units at a minimum lot size of 1,480 square feet. A limited amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.360, 18.370, 18.390, 18.510, 18.705, 18.725, 18.745, 18.765, 18.780, 18.790, 18.795 and 18.810. DECISION MAKING BODY BELOW: El TYPE I ❑ TYPE II ® TYPE III ❑ TYPE IV COMMENTS WERE SENT: MARCH 19,2010 COMMENTS ARE DUE: APRIL 2,2010 N HEARINGS OFFICER (MON.) DATE OF HEARING: MAY 10,2010 TIME: 7:00 PM ❑ PLANNING COMMISSION (MON) DATE OF HEARING: TIME: 7:00 PM ❑ CITY COUNCIL (TUES.) DATE OF HEARING: TIME: 7:30 PM ❑ STAFF DECISION (TENTATIVE) DATE OF DECISION: COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION ®VICINITY MAP ® SERVICE PROVIDER LEVIER ® EXISTING CONDITIONS ®SITE PLAN TREE PLAN ® IMPACT STI:DY ®NARRATIVE n GRADING PLAN ❑ STORM H2O ANALYSIS OTHERS STAFF CONTACT: Gary Pagenstecher,Associate Planner (503) 718-2434 1 City of Tigard, Oregon 13125 SW Hall Blvd. • Tigar. , OR 97223 • a March 17,2010 TI G A R D Steve Bloomquist Harris McMonagle Associates Inc. 8740 SW Scoffins Street Tigard, OR 97223 RE: Completeness Review—Wilde Group Living, Case File No. CUP2009-00003, VAR2009- 00021 Dear Mr.Bloomquist: The City received your supplemental application materials on March 10, 2009 for Conditional Use Approval (CUP2009-00003, VAR2009-00021) to expand an existing Adult Foster Care facility in a single family dwelling to exceed five beds. The subject 0.17-acre site is located at 12550 SW 134th Avenue, Map and Tax Lot 2S104ACO2700. The project includes adding several beds to the existing five-bed adult foster care facility. A Special Adjustment for reduction in the minimum parking requirement from four to three spaces is also requested. Staff has completed a preliminary review of the additional submittal materials and has determined that the application can be deemed complete as of the date of resubmittal. The six to eight-week formal comment and review process now begins. A hearing with the Hearings Officer has been scheduled for 7pm on Monday May 10,2010. Should you have any questions with regard to these items,please contact me at 503-718-2434. Sincerely, Gary Pagensfecher Associate Planner Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 PUBLIC FACILITY PLAN Project: UP2009-00003 134th COMPLETENESS CHECKLIST Date: March 17, 2010 GRADING ❑ Existing and proposed contours shown. ❑ Are there grading impacts on adjacent parcels? N/A ❑ Adjacent parcel grades shown. N/A ❑ Geotech study submitted? STREET ISSUES ❑ Right-of-way clearly shown. ❑ Centerline of street(s) clearly shown. ❑ Street name(s) shown. ❑ Existing/proposed curb or edge of pavement shown. ❑ Street profiles shown. N/A ❑ Future Street Plan: Must show street profiles, topo N/A on adjacent parcel(s), etc. ❑ Traffic Impact and/or Access Report ❑ Street grades compliant? N/A ❑ Street/ROW widths dimensioned and appropriate? Revised narrative includes 2-foot dedication. ❑ Private Streets? Less than 6 lots and width N/A appropriate? ❑ Other: Specific areas of code as follows addressed Justification for not constructing a planter but not adequately. strip or widening the existing street section is acceptable. Applicant will sign a restrictive covenant for participation in any future improvement to widen the street to the current ultimate section in accordance with the existing code. SANITARY SEWER ISSUES ❑ Existing/proposed lines shown. ❑ Stubs to adjacent parcels required/shown? N/A WATER ISSUES ❑ Existing/proposed lines w/ sizes noted? ❑ Existing/proposed fire hydrants shown? ❑ Proposed meter location and size shown? ❑ Proposed fire protection system shown? STORM DRAINAGE AND WATER QUALITY ISSUES ❑ Existing/proposed lines shown? ❑ Preliminary sizing calcs for water quality/detention provided? ❑ Water quality/detention facility shown on plans? ❑ Area for facility match requirements from calcs? ❑ Facility shown outside any wetland buffer? ❑ Storm stubs to adjacent parcels required/shown? REVISED: 03/17/10 The submittal is hereby deemed ® COMPLETE ❑ INCOMPLETE By: Q u-•�C�-� 7 - �-- Date: March 17, 2010 V REVISED: 03/17/10 • 1 RRIS - McMONAGLE ASS° ATES ENGINEERS-SURVEYORS 8740 SW Scoffins Street TIGARD,OREGON 97223 TEL(503)639-3453 FAX 639-1232 I"iNr , ` , 2010 SUBJECT: Resubmittal of incomplete application items for Wilde Group Living, CUP 2009- 00003,VAR2009-00021 Dear Gary, The following supporting information has been revised within the plan sets and narrative and is enclosed with this letter based on the January 26, 2010 letter requesting additional information in order to deem this application complete. The items are addressed as follows: 1. Landscaping&Tree Removal/City arborist comments. a. Street trees should be planted within 5 ft. of the public ROW behind the sidewalk. b. Two large stature broad spreading trees should be planted on the sides of the driveway to provide a canopy effect. Other proposed street tree species and locations are OK. -As noted in the City arborist comments the street tree species and locations are ok. -Two large stature broad spreading trees will be planted on both sides of the driveway. -The proposed locations are shown on the updated plan set and discussed in the revised narrative. -The final locations/species can be reviewed and approved at the time of permit approval. 2. Public facility plan checklist. The City Development Review Engineer has prepared a checklist Please address the issues in a revised narrative. a. Street ROW is 54 feet wide. Two feet of additional ROW should be dedicated. b. In addition the new standard calls for a planter strip and sidewalk. An adequate case needs to be made for not constructing the improvements. -Two additional feet of ROW has been dedicated along SW 134te Ave. The dedication is discussed and shown on the updated plan set/narrative. -The narrative has been revised as to reasons why the improvements should not be required to be constructed at this time. 3. Application Copies. Provide 10 full sets of the revised application package. Also include 3 additional large plan sets and 1 additional 8 V2 x 11 plan for the City records. Also include a CD of all the application materials. -Included with this letter are 10 full sets of the revised application package. In addition 3 full size site plans and a CD have also been included. 4. Envelopes. Provide 2 sets of pre-addressed (no return address),stamped,#10 size envelopes. -2 sets of stamped, pre-addressed, no return address,# 10 size envelopes have also been included for noticing requirements. Please proceed with processing and review of this application. Please contact me directly if you have any other questions or need any additional materials. Sincerely loomquist Ext. 19 steve @h-mc.com City of Tigard, Oregon 13125 SW Hall Blvd. • Tigara, OR 97223 M January 26,2010 T I G A R D Steve Bloomquist Harris McMonagle Associates Inc. 8740 SW Scoffins Street Tigard,OR 97223 RE: Completeness Review—Wilde Group Living, Case File No. CUP2009-00003, VAR2009- 00021 Dear Mr.Bloomquist: The City received your application on December 30, 2009 for Conditional Use Approval (CUP2009- 00003, VAR2009-00021) to expand an existing Adult Foster Care facility in a single family dwelling to exceed five beds. The subject 0.17-acre site is located at 12550 SW 134th Avenue, Map and Tax Lot 2S104ACO2700. The project includes adding several beds to the existing five-bed adult foster care facility. A Special Adjustment for reduction in the minimum parking requirement from four to three spaces is also requested. Staff has completed a preliminary review of the submittal materials and has determined that the following additional information is necessary before the application can be deemed complete: 1. Landscaping (18.745), Tree Removal (18.790). The City Arborist has prepared a completeness list (enclosed) that addresses several issues related to the Landscaping and Screening and Tree Removal chapters of the development code. Please address the listed issues in a revised narrative. 2. Public Facility Plan Completeness Checklist (18.810). The City Development Review Engineer has prepared a checklist (enclosed) noting several issues relating to streets. Please address the listed issues in a revised narrative. 3. Application Copies. Please provide 10 (full set) copies of your revised collated application materials (plan sets may be printed at 81 x 11 or 11 x 17 size as long as you include 3 copies of large set plans), and one (1) additional copy of your reduced plan sets at 8 1/2 x 11 inches for our records.Also include a CD copy of all application materials. 4. Envelopes. Please provide two sets of pre-addressed (no return address), stamped (not metered), #10 size envelopes. Contact Patty Lunsford at 503-718-2438 for address labels of property owners located within 500 feet of the subject site. After revising your application materials and submitting the required copies and envelopes, your application can be deemed complete for the purpose of beginning the state-mandated 120-day maximum review period for a local decision. At that time, the 6 to 8-week formal comment and Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 • review process will begin and a hearing with the Hearings Officer will be scheduled for the next available 2nd or 4th Monday. Should you have any questions with regard to these items,please contact me at 503-718-2434. Sincerely, Gary Pagenstecher Associate Planner Ends: Public Facility Plan Completeness Checklist Arborist Completeness Review 12550 SW 134th Avenue Completeness Item Met Not Met N/A Comments 18.745.020: X Applicability 18.745.030: X General Provisions 18.745.040: X -The street trees should be planted Street Trees within the 5' public right of way on the backside of the sidewalk. -Two large stature,broad spreading (40'+wide canopy at maturity) street trees should flank the driveway in order to provide a canopy effect over the parking lot. Other proposed street tree species and locations are OK. 18.745.050: X -Two large stature,broad spreading Buffering and (40'+wide canopy at maturity) street Screening trees should flank the driveway in order to provide a canopy effect over the parking lot. Other proposed street tree species and locations are OK. 18.745.060: X Re-vegetation 18.790.030: X If there are no non-orchard type fruit Tree Plan trees over 6"DBH on site,then no tree Requirement plan is required. 18.790.050: X Permit Applicability Todd Prager City Arborist January 19, 2010 PUBLIC FACILITY PLAN Project: .,UP2009-00003 134th COMPLETENESS CHECKLIST Date: January 26,2010 GRADING ❑ Existing and proposed contours shown. _ ❑ Are there grading impacts on adjacent parcels? N/A ❑ Adjacent parcel grades shown. N/A ❑ Geotech study submitted? STREET ISSUES ❑ Right-of-way clearly shown. ❑ Centerline of street(s) clearly shown. ❑ Street name(s) shown. ❑ Existing/proposed curb or edge of pavement shown. ❑ Street profiles shown. N/A ❑ Future Street Plan: Must show street profiles, topo N/A on adjacent parcel(s), etc. ❑ Traffic Impact and/or Access Report ❑ Street grades compliant? N/A ® Street/ROW widths dimensioned and appropriate? Street ROW is dimensioned. However, the standard calls for a 54-foot wide ROW. Existing is 50 feet. The applicant needs to dedicate an additional 2 feet of frontage to meet the minimum requirement. ❑ Private Streets? Less than 6 lots and width N/A appropriate? _ ® Other: Specific areas of code as follows addressed 1. Dedicate sufficient ROW(2 feet of frontage but not adequately. to provide 27 feet from centerline of ROW) to meet the minimum requirement for a local street as specified in 18.810.4. The narrative states that 50 feet is sufficient. That is not the issue. The standard calls for a 54-foot ROW. If the applicant wants to make a case for a 50-foot ROW, there needs to be a study conducted to show that the street meets the requirements for a reduced ROW. In addition, if they do not plan to meet the requirement for planter strip plus sidewalk, they need to make an adequate case for not constructing the improvements in accordance with the code requirements. SANITARY SEWER ISSUES ❑ Existing/proposed lines shown. ❑ Stubs to adjacent parcels required/shown? - N/A WATER ISSUES ❑ Existing/proposed lines w/ sizes noted? ❑ Existing/proposed fire hydrants shown? ❑ Proposed meter location and size shown? ❑ Proposed fire protection system shown? REVISED: 01/26/10 STORM DRAINAGE AND WATER QUALITY ISSUES ❑ Existing/proposed lines shown? ❑ Preliminary sizing calcs for water quality/detention provided? ❑ Water quality/detention facility shown on plans? ❑ Area for facility match requirements from calcs? ❑ Facility shown outside any wetland buffer? ❑ Storm stubs to adjacent parcels required/shown? The submittal is hereby deemed ❑ COMPLETE ® INCOMPLETE By: a -�✓ P. �-^-° �-- Date: January 26, 2010 REVISED: 01/26/10 ND USE APPLICd1'ION Project: C UP.2�-��-� Date: /2 ‘ /! ti VRK 0?-2-i COMPLETENESS REVIEW ^ COMPLETE 4NCOMPLETE STANDARD INFORMATION: -Deed/Titte(Proof of Ownership ,i%T.---Neighborhood Mtg.Affidavits,Minutes,List of Attendeelmpact Study (18.390) .....Er-USA Service Provider Letter ❑t'II onstruction Cost Estimate ❑ Envelopes with Postage(Verify Count) ❑ #Sets Of Application Materials/Plans- "Paper Copies" „Er-Pre-Application Conference Notes ❑ #Sets Of Application Materials/Plans-"CD's" PROD CT STATISTICS: Building Footprint Size ,,...-Ei--- %of Landscaping On Site ......1L--%of Building Impervious Surface On Site ,ot Square Footage PLANS DIMENSIONED: ❑ Building Footprint 7.Er Parking Space Dimensions(Include Accessible&Bike Parking)❑ Truck Loading Space Where Applicable ❑ Building Height ❑ Access Approach and Aisle ❑ Visual Clearance Triangle Shown ADDITIONAL PLANS: ❑ Vicinity Map ❑ Architectural Plan ❑ Tree Inventory ❑ Existing Conditions Plan ❑ Landscape Plan ❑ Site Plan ❑ Lighting Plan TREE PLAN I MITIGATION PLAN: El iv it-/ ❑ ❑ ❑ ADDITIONAL REPORTS: (list any special reports) ❑ ❑ .B' ' c-,U6 TLe `�, El ❑ RESPONSE TO APPLICABLE CODE SECTIONS: ❑ 18.330(Conditional Use) ❑ 18.630(Washington Square Regional Center) ❑ 18.775(Sensitive Lands Review) ❑ 18.340(Director's Interpretation) ❑ 18.705(Access/Egress/Circulation) ❑ 18.780(Signs) ❑ 18.350(Planned Development) ❑ 18.710(Accessory Residential Units) ❑ 18.785(Temporary Use Permits) ❑ 18.360(Site Development Review) ❑ 18.715(Density Computations) ❑ 18.790(Tree Removal) ❑ 18 370(Variances/Adjustments) ❑ 18.720(Design Compatibility Standards) ❑ 18.795(Visual Clearance Areas) ❑ 18.380(Zoning Map/Text Amendments) ❑ 18.725(Environmental Performance Standards) ❑ 18.798(Wireless Communication Facilities) ❑ 18.390(Decision Making Procedures/Impact Study) ❑ 18.730(Exceptions To Development Standards) ❑ 18.810(Street&Utility Improvement Standards) ❑ 18.410(Lot Line Adjustments) ❑ 18.740(Historic Overlay) ❑ 18.420(Land Partitions)• ❑ 18.742(Home Occupation Permits) ❑ 18 430(Subdivisions) ❑ 18.745(Landscaping&Screening Standards) ❑ 18.510(Residential Zoning Districts) ❑ 18.750(Manufactured/Mobil Home Regulations) ❑ 18.520(Commercial Zoning Districts) ❑ 18.755(Mixed Solid Waste/Recycling Storage) ❑ 18.530(Industrial Zoning Districts) ❑ 18.760(Nonconforming Situations) ❑ 18.620(Tigard Triangle Design Standards) ❑ 18.765(Off-Street Parking/Loading Requirements) ADDITIONAL ITEMS: / Y //'' c- �i (4fo , I:\curpin\masters\forms-revised\land use application completeness review.dot REVISED: 6-Jun-07 ADDITIONAL DOCUMENTS • TRNSMIT ? AL HMC Harris-McMonagle Since Associates, Inc. 1968 Engineering-Surveying-Planning 8740 SW Scofhns Street • Tigard, Oregon 97223-6226 RECEIVED Tel (503) 639-3453• Fax(503) 639-1232• www.h-mc.com AUG 3 1 2010 DATE: August 31, 2010 CITY OF TIGARD TO: Gary Pagenstecher 'ANMt3/ENGINEOM City of Tigard 13125 SW Hall Blvd. Tigard, Oregon 97223 RE: Wilde Residential Care Facility Improvements WE ARE SENDING YOU THE FOLLOWING ITEMS: El SHOP DRAWINGS ❑ PRINTS El SAMPLES ❑ CHANGE ORDER El COPY OF LETTER ® PLANS ❑ DATA El SPECIFICATIONS ❑ MYLARS ❑ OTHER SEE BELOW FOR YOUR: © REVIEW ❑ COMMENTS © APPROVAL ❑ USE ❑ FILE COPIES DATE DESCRIPTION 2 07/19/10 SITE IMPROVEMENT PLANSET 1 08/31/10 COPY OF NOTARI ZED EASEMENT DOCUMENT 7 1,1„1 t3'`YCdit0 2t:U Apv 1 08/25/10 LETTER ADDRESSING CONDITIONS OF APPROVAL ioti,u ad.% c.ic REMARKS: Gary, Please find attached the plans and documents requested for Danielle Wilde ' s care home . I have also dropped off the original of the easement document to engineering. Thanks, Tim Murphy FROM: HM Harris-McMonagle Sine Associates, Inc. 1968 Engineering-Surveying-Planning 8740 SW Scoffins Street, Tigard, Oregon 97223-6226 Tel. (503)639-3453-Fax(503)639-1232-www.h-mc.com August 25, 2010 Gary Pagenstecher RECEIVED Associate Planner City of Tigard AUG 3 1 2010 13125 SW Hall Blvd. Tigard, OR 97223 CITY OF TIGARD PLANNING/ENGINEERING Wilde CUP, Casefile PLANNING/ENGINEERING Mr. Pagenstecher, Please find attached two sets of the site improvement plans for the Wilde CUP for your review and approval. Also, please find attached the legal documents for the reserve easement along SW 134th Avenue for review. The conditions of approval have been addressed as follows: 1. Prior to issuance of site/building permits, the applicant shall grant a two (2)-foot wide strip along the property's street frontage in the form of an easement reserved for future street and utility improvements. The reserve easement shall be executed on City forms and recorded with Washington County. The easement legal documents are attached and the reserve easement is shown on the attached plans. 2. Prior to site work, the applicant shall submit a revised Site Plan demonstrating that the site contains a minimum of two (2) bicycle parking spaces pursuant to the applicable Bicycle Parking Design standards in TDC 18.765.050. The improvement plans show a two-sided bike rack to be constructed, allowing for the parking of two bicycles. 3. Prior to site work, the applicant shall submit a revised Site Plan demonstrating that the site contains a minimum of four(4) off-street vehicle parking spaces pursuant to the applicable General Design Standards in TDC 18.765.040 or obtain City approval of a Type ll adjustment reducing the number of required parking spaces on the site, pursuant to TDC 18.390.040 and subject to the approval criteria in TDC 18.370.020.C.7. The improvement plans show the widening of the existing driveway to allow for three standard parking spaces and one compact space. No striping is being shown, as this will most likely be objectionable is a residential area. However, if the city requires the striping, we will add them per the city standard, or perhaps a mutually agreed upon compromise. If you have any further questions, feel free to contact me. Steve Bloomquist is on sabbatical, and will only be checking messages periodically. Tim Murphy, Senior Design Manager tim @h-mc.com (503) 639-3453, x-25 uPa° -9-0 3 TRANSMITTAL HMC Harris-McMonagle • Since Associates; Inc, 1968 Engineering-Surveying-Planning 8740 SW Scoffins Street • Tigard, Oregon 97223-6226 Tel (503) 639-3453• Fax(503) 639-1232• www.h-mc.com DATE: November 8, 2010 RECEIVED TO: Gary Pagenstecher NW/ 0 LJ,J City of Tigard CITY OF TIGARD 13125 SW Hall Blvd. PLANNING/ENGINEERING Tigard, Oregon 97223 RE: Wilde Residential Care Facility Improvements WE ARE SENDING YOU THE FOLLOWING ITEMS: ❑ SHOP DRAWINGS El PRINTS ❑ SAMPLES ❑ CHANGE ORDER El COPY OF LETTER ® PLANS ❑ DATA ❑ SPECIFICATIONS ❑ MYLARS ❑ OTHER SEE BELOW FOR YOUR: ❑ REVIEW El COMMENTS El APPROVAL © USE El FILE COPIES DATE DESCRIPTION 3 07/19/10 SITE IMPROVEMENT PLANSET, WITH REVISED SHEET 2 REMARKS: Gary, Please find attached three sets of plans with a revision on sheet 2 showing the tree change to Bloodgood Maples. Thanks, Tim Murphy FROM: Albert Shields From: Albert Shields Sent: Thursday, May 12, 2011 9:17 AM To: 'Steve Bloomquist' Cc: Gary Pagenstecher; Debbie Adamski; Dan Nelson; Mark VanDomelen Subject: FW: Wilde Assisted Living Facility, CUP2009-00003, 12550 SW 134th Ave Attachments: Albert Shields.vcf; Conditions -05-12-11.pdf Steve, Condition of Approval #9 for the Wilde Conditional Use Permit CUP2009-00003 requires that a Building Permit (BUP) be taken out for the change of use. No such permit has been issued and we have no record that an application for same has been submitted. Will you please remind your client of this requirement and advise them to have an application submitted? We can't proceed in processing any other permit applications until a BUP is issued and the proposed use is not allowed until the BUP and all other permits, including the CUP receive final inspection approval. I've attached a list of the remaining Conditions on the CUP. Thanks for your cooperation. Albert Shields Albert Shields ,� City of Tigard Permits/Projects TWA* Coordinator Albert@ tigard-or.gov (503)718-2426 Work (503)624-3681 Fax 13125 SW Hall Blvd 1 CITY OF TIGARD 5/12/2011 9:07:11 AM 13125 SW Hall Blvd. TI G AR f) Tigard,OR 97223 (503)639-4171 Conditions Associated With Case #: CUP2009-00003 Project Name: Wilde # DESCRIPTION STATUS STATUS DATE SEVERITY APPLIED BY ACTION BY GRANT RESERVE EASEMENT Met 9/14/10 Gary Pagenstecher Gary Pagenstecher 01. Prior to issuance of site/building permits,the applicant shall grant a two(2)-foot wide strip along the propertys street frontage in the form of an easement reserved for future street and utility improvements.The reserve easement shall be executed on City forms and recorded with Washington County. REVISED SITE PLAN/BICYCLES Met 9/14/10 Gary Pagenstecher Gary Pagenstecher 02. Prior to site work, the applicant shall submit a revised Site Plan demonstrating that the site contains a minimum of two(2)bicycle parking spaces pursuant to the applicable Bicycle Parking Design standards in TDC 18.765.050. REVISED SITE PLAN/PARKING Met 9/14/10 Gary Pagenstecher Gary Pagenstecher 03. Prior to site work,the applicant shall submit a revised Site Plan demonstrating that the site contains a minimum of four(4)off-street vehicle parking spaces pursuant to the applicable General Design Standards in TDC 18.765.040 or obtain City approval of a Type II adjustment reducing the number of required parking spaces on the site, pursuant to TDC 18.390.040 and subject to the approval criteria in TDC 18.370.020.C.7. OBTAIN PFI PERMIT Met 2/4/11 Mike White Albert Shields 04. This project does include public facility improvements involving the widening of a driveway and planting of street trees and requires issuance of a PFI permit. Six (6)sets of detailed plans covering the proposed improvements shall be submitted for review to the Development Engineer. PFI permit plans shall conform to City of Tigard Public Improvement Design Standards,which are available at City Hall and the Citns web page(www.tigard-or.gov). SUBMIT EROSION CONTROL PLAN Met 2/4/11 Mike White Albert Shields 05. An erosion control plan shall be provided as part of the PFI permit drawings.The plan shall conform to Clean Water Services Design and Construction Standards(Resolution and Order No.07-20)Chapter 2. No work on-site shall commence until the erosion control permit is issued. EXACT LEGAL NAME ON PFI Met 2/4/11 Mike White Albert Shields 06. The PFI permit plan submittal shall include the exact legal name, address and telephone number of the individual or corporate entity who will be designated as the 6Permittee6, and who will provide the financial assurance for the public improvements. For example, specify if the entity is a corporation,limited partnership, LLC,etc.Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Development Engineer will delay processing of project documents. PROVIDE CONSTRUCTION VEHICLE ACCESS PLAN Met 7/27/10 Gus Duenas Albert Shields 07. The applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. The purpose of this plan is for parking and traffic control during the construction phase. SUBMIT PRELIMINARY SIGHT DISTANCE Met 2/4/11 Mike White Albert Shields CERTIFICATION 08. The applicant shall submit a preliminary sight distance certification by a registered professional engineer as part of the PFI permit application. OBTAIN CHANGE OF OCCUPANCY PERMIT Not Met 6/8/10 Notice Gary Pagenstecher Shirley Treat 09. Prior to final approval of the site permit,the applicant shall obtain final approval of a change of occupancy permit from the City building department, including any required structural, electrical, mechanical, plumbing and site permits. Page 1 of 2 # DESCRIPTION STATUS STATUS DATE SEVERITY APPLIED BY ACTION BY FINAL PLANNING INSPECTION Not Met 6/8/10 Notice Gary Pagenstecher Shirley Treat 10. Prior to final approval of the site permit,the applicant shall call for a final planning inspection to ensure the project was completed per the approved plan. SUBMIT COPY OF DHS LICENSE Not Met 6/8/10 Notice Gary Pagenstecher Shirley Treat 11. Prior to final approval of the site permit,the applicant shall provide a copy of a license for operation of a Residential Care Facility issued by the Oregon Department of Human Services(6DHS�). PROVIDE PFI AS-BUILTS Not Applicable 2/4/11 Mike White Albert Shields 12. Prior to final inspection of the public improvements,the applicant shall provide the City with as-built drawings of the improvements as follows: 1)3 mil mylar, 2)a disk of the as-builts in 6DWG6 format, if available;otherwise 6DXF6 will be acceptable, and 3)the as-built drawings shall be tied to the City6s GPS network. SUBMIT FINAL SIGHT DISTANCE CERTIFICATION Not Met 6/8/10 Notice Gus Duenas Shirley Treat 13. Prior to final inspection, the applicants engineer shall submit a final sight distance certification for the driveway connections to SW 134th Avenue. EXECUTE RESTRICTIVE COVENANT Met 2/4/11 Mike White Albert Shields 14. Prior to final inspection, the applicant shall execute a restrictive covenant with the City for participation in future improvements to expand SW 134th Avenue to the ultimate section. LIMIT ON-GOING OPERATION IN COMPLIANCE WITH Continuing 2/4/11 Notice Gary Pagenstecher Albert Shields OAR REQUIREMENTS 15. The facility shall be limited to operation of a Residential Care Facility as defined by OAR 411-054-0005(44).The facility shall serve a maximum eight(8) 'residents'as defined by OAR 411-054-0005(43).All residents shall be age 62 or older and in need of assistance with'activities of daily living'as defined by OAR 411-054-0005(4). Page 2 of 2