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HOP2002-00043
NOTICE OF TYPE II DECISION HOME OCCUPATION PERMIT (HOP) 2002-00043 FYi'L. CITY OF TIGARD COLWELL HOME OCCUPATION commu112ty(Development Shaping)?(Better Comm unity 120 DAYS = 8/27/2002 SECTION I. APPLICATION SUMMARY FILE NAME: COLWELL HOME OCCUPATION FILE NO.: Home Occupation Permit (HOP) HOP2002-00043 APPLICANT: Gregory Colwell OWNER: Same 7435 SW Hermoso Way Tigard, OR 97223 PROPOSAL: The applicant requests approval for a Type II Home Occupation permit to allow a Biotechnology design, analysis, and consulting service. The applicant has not proposed that any customers will visit the site, but that there will be one non-resident employee. The applicant has proposed that the hours of operation will be between 9 AM to 6:30 PM Monday through Friday. COMPREHENSIVE PLAN DESIGNATION: Mixed Use Employment. ZONING DESIGNATION: MUE. The MUE zoning district is designed to apply to a majority of the land within the Tigard Triangle, a regional mixed-use employment district bounded by Pacific Highway (Hwy. 99), Highway 217 and 1-5. This zoning district permits a wide range of uses including major retail goods and services, business/professional offices, civic uses and housing; the latter includes multi-family housing at a maximum density of 25 units/acre, equivalent to the R-25 zoning district. A wide range of uses, including but not limited to community recreation facilities, religious institutions, medical centers, schools, utilities and transit- related park-and-ride lots, are permitted conditionally. LOCATION: 7435 SW Hermoso Way; WCTM 2S101AB, Tax Lot 1403. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.385, 18.390, 18.510 and 18.742. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section IV. HOP2002-00043/TYPE II COLWELL HOME OCCUPATION (BIOTECH RESEARCH) PAGE 1 OF 7 CONDITIONS OF APPROVAL UNLESS OTHERWISE NOTED, THE STAFF CONTACT SHALL BE MORGAN TRACY IN THE PLANNING DIVISION AT (503) 639-4171. 1. The applicant shall certify that the areas used for the home occupation business will be limited to that shown on the revised site plan. 2. The applicant/owner shall consult with the Building Department to determine what modifications will be needed to ensure that the proposed use will comply with State Building Codes, including ADA (Americans with Disabilities Act) requirements. The business shall not be in operation until either the Building Department acknowledges that no modifications are required, or until final building inspection approval has been issued. 3. The applicant shall enter into a Street Improvement Agreement with the City whereby they agree to complete or participate in the future improvements of SW Hermoso Way adjacent to the subject property, when any of the following events occur: A. When the improvements are part of a larger project to be financed or paid for by the formation of a Local Improvement District, B. When the improvements are part of a larger project to be financed or paid for in whole or in part by the City or other public agency, C. When the improvements are part of a larger project to be constructed by a third party and involves the sharing of design and/or construction expenses by the third party owner(s) of property in addition to the subject property, or D. When construction of the improvements is deemed to be appropriate by the City Engineer in conjunction with construction of improvements by others adjacent to the subject site. 4. The applicant shall agree to connect to sewer or cease operation of the home occupation business when any of the following events occur: A. The existing system is in failing condition B. The anticipated level of sanitary disposal exceeds the capacity for the septic system, or C. That the use is disposing materials that would not be effectively treated in a septic system 5. All Home Occupation standards discussed in this decision and detailed in the Tigard Development Code Chapter 18.742 must be complied with at all times. 6. There shall be no signs for the Home Occupation, without reapplication through the Type II Home Occupation process. SECTION III. PUBLIC COMMENTS RECEIVED The City mailed notice to property owners within 500 feet of the subject site providing them an opportunity to comment. The City received no responses. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS Section 18.390.040 states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standard, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. HOP2002-00043/TYPE II COLWELL HOME OCCUPATION (BIOTECH RESEARCH) PAGE 2 OF 7 In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with a requirement for public right-of-way dedication, or provide evidence that supports that the real property dedication is not roughly proportional to the projected impacts of the development. Section 18.390.040 states that when a condition of approval requires the transfer to the public of an interest in real property, the approval authority shall adopt findings which support the conclusion that the interest in real property to be transferred is roughly proportional to the impact the proposed development will have on the public. The applicant has submitted an impact study as follows: Sanitary Sewer: The applicant states "there is currently no impact on the sewer system since the house uses a septic tank. Within the next year, I intend to connect to the City's sewer system...The content of the sewage will be no different than that of a small family household." Water Supply: The applicant indicates that water requirements will be no greater than that of a small family household. Storm Drainage: The applicant notes that no additional impervious areas are being created that would adversely effect drainage from present conditions. Schools: The applicant has not addressed the impacts to schools. Power-Telephone-Cable TV: Private utilities are existing and adequate to serve the proposed use. Parks: The applicant states there will be no impacts on the parks system. Noise (Audio and Visual) Impacts: The applicant notes that the home occupation business will not be generating any external noises that could be detected by neighbors or others in the neighborhood. The home occupation business does not require any signage, nor will there be any visible distractions to neighbors or others in the neighborhood. Transportation: The applicant states that "with one employee...there will be one additional car entering the Tigard Triangle areas between 8:30 and 9:00 AM and one exiting the area between 6:00-6:30 PM. Since I will be working and living at the residence, there will be one less car leaving the area in the morning and one less car entering the area in the evening. Therefore, there will be no net affect to the area intersections." Staff finds that the subject site is developed with a single-family residence, however the public facilities are not fully improved to City standards, especially with regard to street improvements. Based on the expected level of impacts according to the applicant's submittal, requiring these improvements would not be roughly proportionate. There is a lack of a nexus between the home occupation use and requiring a sewer connection, unless it is demonstrated that the existing system is in failing condition, the anticipated level of sanitary disposal exceeds the ca acity for the septic system, or that the use would be disposing materials that would not be effectively treated in a septic system. There is no evidence to that effect, so staff finds that a connection is not necessary at this time. If these conditions change, the applicant will be required to connect to sewer or cease business operations. The applicant failed to address the impact to schools, however, it can be construed that since the use will not potentially contribute additional children to the school district, and no use of school facilities is necessary, there should be no foreseen impact to schools. Parks, like schools are unaffected by the presence of this use. Therefore, this standard is satisfied. HOP2002-00043/TYPE II COLWELL HOME OCCUPATION (BIOTECH RESEARCH) PAGE 3 OF 7 FINDING: The street is not fully improved to public standards. There is the potential that the septic system will not continue to function. CONDITIONS: • The applicant/owner shall sign and file a restrictive covenant to participate in future street improvements. • Immediately upon discovery of any signs that the septic system is not functioning properly, the applicant/owner shall either cease the home occupation business or connect to sanitary sewer. Section 18.742.040 states that all home occupations except those that have proven non- conforming status, shall observe the following criteria in addition to the standards established for Type I and Type II uses described in 18.742.050: Home occupations may be undertaken only by the principal occupant(s) of a residential property; The proposed Home Occupation is being undertaken by the property owner who is a principal occupant of the property. There shall be no more than three deliveries per week to the residence by suppliers; The applicant has indicated there will be approximately 2-3 deliveries of products or supplies to the residence per week. There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line resulting from the operation. Home occupations shall observe the provisions of the Tigard Community Development Code (TCDC) Chapter 18.725, Environmental Performance Standards; Staff contacted the applicant to discuss more thoroughly the types of activities that will occur in conjunction with this use. From that discussion, the applicant noted that the business has two primary components: computerized DNA modeling and design, and DNA sampling and analysis. One employee will primarily be analyzing DNA samples which are delivered to the site, while the other employee will be creating molecular models on the computer. The DNA analysis machines do not emit dust or odors and are not abnormally noisy. Therefore, no offensive noise, vibration, smoke, dust, odors, etc. are anticipated based on the proposed Home Occupation business since it will be conducted indoors and involves no manufacturing or assembly. The home occupation shall be operated entirely within the dwelling unit and a conforming accessory structure. The total area which may be used in the accessory building for either material product storage and/or the business activity shall not exceed 528 square feet. Otherwise, the home occupation and associated storage of materials and products shall not occupy more than 25% of the combined residence and accessory structure gross floor area, but in no case shall the portion of the home occupation occupying the accessory use exceed 528 square feet. The indoor storage of materials or products shall not exceed the limitations imposed by the provisions of the building, fire, health and housing codes; Twenty-five percent of the 2,200 square foot home size is 550 square feet. The maximum area the code allows is 528 square feet to be used for a home occupation. The applicant has proposed to use approximately 440 square feet of space in the basement for the home occupation. FINDING: The size limitations for Home Occupations are satisfied as shown on the site plan. CONDITION:The applicant shall certify that the areas used for the home occupation business will be limited to that shown on the site plan. HOP2002-00043/TYPE II COLWELL HOME OCCUPATION (BIOTECH RESEARCH) PAGE 4 OF 7 A home occupation shall not make necessary a change in the Uniform Building Code use classification of a dwelling unit. Any accessory building that is used must meet Uniform Building Code requirements and be in conformance with TCDC Chapter 18.710 of this title; No changes to the dwelling are proposed which would reclassify the occupancy type of the structure. To ensure that building codes are satisfied, the applicant shall consult with the Building Department to determine what modifications will be needed to ensure that the proposed use will comply with State Building Codes, including ADA (Americans with Disabilities Act) requirements. The business shall not be in operation until either the Building Department acknowledges that no modifications are required, or until final building inspection approval has been issued. More than one (1) business activity constituting two or more home occupations shall be allowed on one property, only if the combined floor space of the business activities does not exceed 25 percent of the combined gross floor area of the residence and accessory structure. Each home occupation shall apply for a separate home occupation permit. NOTE: The Tigard Business Tax requires payment for only one (1) Business Tax if the same owner is operating more than one approved business at the same location. Although ayment for each separate business is not required, it is required that all names of the businesses' which are currently in operation at that location be specifically listed on the Business Tax Certificate and be visibly posted at the business location. There is no other Home Occupations approved for this site, therefore, this criterion does not apply. There shall be no storage and/or distribution of toxic or flammable materials, and spray painting or spray finishing operations that involve toxic or flammable material which in the judgment of the Fire Marshall pose a dangerous risk to the residence, its occupants, and/or surrounding properties. Those individuals which are engaged in home occupations shall make available to the Fire Marshal, for review, the Material Safety Data Sheets which pertain to all potentially toxic and/or flammable materials associated with the use; No storage or distribution of toxic or flammable materials is necessary for the proposed use therefore; this criterion has been satisfied. No home occupation shall require any on or off-street parking other than that normally required for a residence; As there are no clients coming to the site, and only one outside employee, the addition of this one car is not foreseen to cause an impact to on or off street parking. Therefore, this criterion is satisfied. The following uses are not allowed as home occupations: a Auto-body and ting. b Ongoing mechanical repair repair pain conducted outside of an entirely enclosed building. c Junk and salvage operations. d Storage and/or sale of fireworks. The proposed Home Occupation does not involve any of the above uses, and will be a consulting business use only, therefore, this criterion has been satisfied. There shall be no exterior storage of vehicles of any kind used for the business except one commercially licensed vehicle of not more than three-quarters ton GVW which may be parked outside of a structure or screened area; No exterior storage of vehicles is proposed or anticipated, therefore, this criterion has been satisfied. HOP2002-00043/TYPE II COLWELL HOME OCCUPATION (BIOTECH RESEARCH) PAGE 5 OF 7 There shall be no storage of materials, goods, and equipment unless screened entirely from view by a solid fence. Storage shall not exceed five (5) percent of the total lot area and shall not occur within the front yard or the required side yard setback; No outdoor storage of materials, goods or equipment is proposed or anticipated, therefore, this criterion has been satisfied. In addition to the general approval criteria, Type-II home occupations allow the following according to the TDC chapter 18.742.050: (a) One non-illuminated sign, not exceeding 1.5 square feet, which shall be attached to the residence or accessory structure or placed in a window; (b) No more than one outside volunteer or employee who is not a principal resident of the premises; (c) No more than six daily customers or clients. Customers and clients may not visit the business between the hours of 10:00 p.m. and 8:00 a.m. and shall not generate excessive traffic or monopolize on-street parking; (d) Storage of materials, goods, and equipment which is screened entirely from view by a solid fence. Storage shall not exceed five (5) percent of the total lot area and shall not occur within the front yard or the required side yard setback. The applicant has indicated that there will be no signage. There will be one outside employee related to the Home Occupation business. No clients or customers will visit the site. The hours of operation for the business will be between 9 a.m. and 6:30 p.m., Monday through Friday. Parking will not be impacted with the addition of one car. As previously stated, no storage of materials is proposed or anticipated. Therefore these standards are met. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON JUNE 7, 2002 AND EFFECTIVE ON JUNE 22, 2002 UNLESS AN APPEAL IS FILED. Appeal: The Director's Decision is final 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 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. HOP2002-00043/TYPE II COLWELL HOME OCCUPATION (BIOTECH RESEARCH) PAGE 6 OF 7 Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON JUNE 21, 2002. Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171. 4(414'' June 7, 2002 PREPARBY: Morgan Tracy DATE Associate Planner �GecJ / June 7, 2002 APPROVED BY: Richard H. ewersdorff DATE Planning Manager is\curpinlmorgan\workspace\hopii\hop2002-00043(colwell)\hop2002-00043 staff report.doc HOP2002-00043/TYPE II COLWELL HOME OCCUPATION (BIOTECH RESEARCH) PAGE 7 OF 7 r CITY of TIGARD • GEOGRAPHIC INFORMATION SYSTEM VICINITY MAP �` HOP 2002-00043 AIIIII -,IERMOSO WAY COLWELL Ire Ili HOME OCCUPATION I I I 11/4 BEVE4ND Re in ST '--tariQ?s FEW nalBEVELAND ST T, ' „ . N I 1 9 ¢° ,:fft 4 BEEF BEN°R0 S °UWM . I•• ZTigard Area Map N • r GONZAGA ST N 0 100 _290 300 Feet \ Ai City of Tigard SW Should on this ap Is for g neral location only and ould be verified with the Development Services Division. 13125 SW Hall Blvd Tigard,OR 97223 (503)639-4171 http:llwww.ci.Nerd.or.us Commun level.pment lot date:Apr 29,2002;C:\magic\MAGIC03.AP° MAILING / NOTIFICATION RECORDS AFFIDAVIT OF MAILING CITY OF TIGARD Community(Development Shaping Better Community I, Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am a Senior Administrative Specialist for the City of'Tigard;Washington County, Oregon and that I served the following: (Check App,opnate Boz(s)Below) NOTICE OF DECISION FOR: HOP2002-00043/COLWELL HOME OCCUPATION ❑ AMENDED NOTICE (Ale No./Name Reference) ® City of Tigard Planning Director A copy of the said notice being hereto attached, marked Exhibit"A", and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit"B", and by reference made a part hereof, on lune 1,2002, and deposited in the United States Mail on lune 7,2002, postage prepaid. /A •ms s.-&1/1,_ (Person that Prep'red Notice) STR1ef, off'o EGoN ) County of Washington )ss. City of'Nord Subscribed and sworn/affirmed before me on the 13 day of , 2002. � OFFICIAL SEAL +.ra�: T!`iT DIANE M JELDERKS :c .• NOTA MY COMMSSION EXPRES NOT RY PUNIC OF UREGO My Commission Expir . 51-7/47,_ £XHP NOTICE OF TYPE II DECISION HOME OCCUPATION PERMIT (HOP) 2002-00043 „ZIT: CITY OF TIGARD COLWELL HOME OCCUPATION Community Development SkapingA Better Community 120 DAYS = 8/27/2002 SECTION I. APPLICATION SUMMARY FILE NAME: COLWELL HOME OCCUPATION FILE NO.: Home Occupation Permit (HOP) HOP2002-00043 APPLICANT: Gregory Colwell OWNER: Same 7435 SW Hermoso Way Tigard, OR 97223 PROPOSAL: The applicant requests approval for a Type II Home Occupation permit to allow a Biotechnology design, analysis, and consulting service. The applicant has not proposed that any customers will visit the site, but that there will be one non-resident employee. The applicant has proposed that the hours of operation will be between 9 AM to 6:30 PM Monday through Friday. COMPREHENSIVE PLAN DESIGNATION: Mixed Use Employment. ZONING DESIGNATION: MUE. The MUE zoning district is designed to apply to a majority of the land within the Tigard Triangle, a regional mixed-use employment district bounded by Pacific Highway (Hwy. 99),.Highway 217 and 1-5. This zoning district permits a wide range of uses including major retail goods and services, business/professional offices, civic uses and housing; the latter includes multi- family housing at a maximum density of 25 units/acre, equivalent to the R-25 zoning district. A wide range of uses, including but not limited to community recreation facilities, religious institutions, medical centers, schools, utilities and transit-related park-and-ride lots, are permitted conditionally. LOCATION: 7435 SW Hermoso Way; WCTM 2S101AB, Tax Lot 1403. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.385, 18.390, 18.510 and 18.742. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted in the full decision, available at City Hall. All documents and applicable criteria in the above-noted file are available for inspection at no cost or copies can be obtained for twenty-five cents (25 ) per page, or the current rate charged for copies at the time of the request. • SECTION III. PROCEDURE AND APPEAL INFORMATION Notice: Notice mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON JUNE 7, 2002 AND BECOMES EFFECTIVE ON JUNE 22, 2002 UNLESS AN APPEAL IS FILED. Appe a�l The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1 may appeal this decision in accordance with Section 18.390.040.G.2 of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON JUNE 21, 2002. Questions: For further information please contact the Planning Division Staff Planner, Morgan Tracy at (503) 639-4171 , Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. CITY of TIGARD VICINITY MAP 1111 HOP 2002-00043 \ COLWELL ,. HOME OCCUPATION.4( rill I lin lit IllifiAND sT•� ,.r: � .■ B AN EVELO ST 1' _ ('411,r,. �l GONZAGA sw ST I ..Ci AYAr�eertnsyr IIA+r..waw u 2I.2002:C:N,rp.'W1AGICA3 • EXHP -3 • 2S 101 B D-00100 2S 101 AB-01600 ACKERLY COMMUNICATIONS OF ERDLE WILLIAM J THE NORTHWEST INC 7405 SW BEVELAND RD 3601 6TH AVE S TIGARD,OR 97223 SEATTLE,WA 98134 2S 101 AB-01502 2S 101 AB-01602 ANDERSON ARDELLE C GIBSON KLAUS P&CORNELIA 7565 SW HERMOSO WAY 10904 SW PARKWOOD CT TIGARD,OR 97223 WILSONVILLE,OR 97070 2S101AB-01100 2S101AB-01603 BAUER DANIEL E& HARLAN BRIAN&MAI BAUER BARBARA G 7270 SW HERMOSO WAY 12335 SW 72ND AVE TIGARD,OR 97223 PORTLAND,OR 97223 2S101AB-01200 2S101AB-01501 BAUER DANIEL E&BARBARA JOENS JOHN D MARJORIE A 7275 SW HERMOSO PMB 162 TIGARD,OR 97223 11575 SW PACIFIC HWY TIGARD,OR 97223 2S 101 AB-01800 2S 101 AB-01608 BOEHM GENE G BEATRICE G KOBERLEIN GERRY GENE 7380 SW HERMOSA WAY 7455 SW BEVELAND RD TIGARD,OR 97223 TIGARD,OR 97223 2S 101 AB-01403 2S 101 AB-01300 COLWELL GREGGORY W LAURENS MICHAEL F 7435 SW HERMOSO WAY 61415 ROCK BLUFF LN TIGARD,OR 97223 BEND,OR 97702 2S 101 AB-02706 2S 101 AB-01402 EAGLE HARDWARE&GARDEN INC LYMAN RODNEY C MARGARET ATTN:TAX DEPT(TA3) 7395 SW HERMOSO WY PO BOX 1111 TIGARD,OR 97223 NORTH WILKESBORO,NC 28656 2S 101 AB-02705 2S 101 BA-00401 E•.. HARDWA•- . GARDEN INC MARTIN GORDON R&SHEILA ATTN:T• • •T(TA3) 12265 SW 72ND PO B• 111 TIGARD,OR 97223 :•TH WILKESBORO, NC 28656 2 01AB-02702 2S101BA-00300 EAG HARDWAR ' ARDEN INC MARTIN GORDON RICHARD& ATTN:T •- (TA3) MARTIN GORDON STEVEN PO B• 111 PO BOX 740 NORTH WILKESBORO,NC 28656 GLENEDEN BEACH,OR 97388 2S 101 AB-02701 2S 101 BA-00400 EA HARDWAR. &GARDEN INC MARTIN GORDON S& ATTN:T• •• (TA3) MARTIN GORDON R PO BO. 11 BY IPM N•• H WILKESBORO,NC 28656 721 SW OAK ST#100 PORTLAND,OR 97205 2S 101 BA-00402 2S 101 AB-01604 MARTIN GORD• S& STOBER LOUIE A&JESSIE L • G•' DON R 7305 SW BEVELAND RD BY IPM TIGARD,OR 97223 721 : OAK • 00 ••RTLAND,OR 97205 2S 101 AB-01400 2S 101 AB-01609 'RTIN GORD• • S& TRIANGLE PROPERTIES MA"' N GO'SON R 7505 SW BEVELAND RD BY IPM TIGARD,OR 97223 721 OAK .100 P"•TLAND,OR 97205 2S 101 AB-02703 2S 101 AB-01404 MCCAFFERY HUGH R&NANCY J TRS VON RENCHLER MARVIN J& 7450 SW BEVELAND ST STE 100 MARY E TIGARD,OR 97223 7475 SW HERMOSO WAY TIGARD,OR 97223 2S 101 AB-02704 25101 AB-01900 NEWHAM DAVID ALLEN&BARBARA AN WHITETHORN LLC 14060 SW HIGH TORR DR 12465 SW 72ND AVE TIGARD,OR 97224 PORTLAND,OR 97223 2S101AB-01401 2S101AB-01601 PHILLIPS JASON E/CAROLYN L WHITNEY EUGENE P 7355 SW HERMOSO WAY PATRICIA M TIGARD,OR 97223 7340 SW HERMOSA WY TIGARD,OR 97223 2S 101 AB-01607 RAND STEPHEN C 7540 SW HERMOSO WAY TIGARD,OR 97223 2S101AB-01700 ROTH ALAN D AND LINDA A 7420 SW HERMOSO WAY TIGARD,OR 97223 2S 101 AB-01605 ROVIG CAROLE A 7460 SW HERMOSO WAY TIGARD,OR 97223 2S 101 AB-01500 SJP LLC 7615 SW BEVELAND RD TIGARD,OR 97223 2S 101 AB-01606 SLOAN DAVID MARTIN SLOAN KAREN MARIE 7355 SW BEVELAND RD TIGARD,OR 97223 Jack Biethan 11023 SW Summerfield Drive, #4 Tigard, OR 97224 Sue Rorman 11250 SW 82nd Avenue Tigard, OR 97223 Naomi Gallucci 11285 SW 78th Avenue Tigard, OR 97223 Michael Trigoboff 7072 SW Barbara Lane Tigard, OR 97223 Dieter Jacobs 7775 SW Spruce Street Tigard, OR 97223 Alexander Craghead 12205 SW Hall Boulevard Tigard, OR 97223-6210 David Chapman 9840 SW Landau Place Tigard, OR 97223 Nathan and Ann Murdock PO Box 231265 Tigard, OR 97281 CITY OF TIGARD - EAST CIT SUBCOMMITTEE (i:\curpin\setup\labels\CIT East.doc) UPDATED: December 27, 2001 AFFIDAVIT OF MAILING CI OF TIGARD Community iDeve(opment Shaping tl Better Community I, Patricia L. Lunford: being first duly sworn/affirm, on oath depose and say that I am a Senior Administrative Specialist for the City of7igard, Washington County, Oregon and that I served the following: (Check Appropriate Box(s)Bebw} © NOTICE OF DECISION FOR: H0P2002-00043/COLWELL HOME OCCUPATION ❑ AMENDED NOTICE (File No./Name Reference) ® City of Tigard Planning Director A copy of the said notice being hereto attached, marked Exhibit"A",and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit"B", and by reference made a part hereof, on lune 7,2002, and deposited in the United States Mail on tune 1,2002, postage prepaid. • , Irak ati4.e4-J (Person tha Prepar-d otic= STA2!E OE OkEgOAr ) County of Washington )ss. City of Tigard ) Subscribed and sworn/affirmed before me on the 1 3 day of Pro-r-aAA- ` , 2002. OFFICIAL SEAL NI JEL DI DERKS .-; ANE r` NOTARY PUBLIC-OREGON COMMISSIO PIKES SEPT.07,20 l MY COMMISSION F_X NO OBLIC OF ORES My Commission Exps: g/r/y EXH I NOTICE OF TYPE II DECISION HOME OCCUPATION PERMIT (HOP) 2002-00043 , Ilj. •ii' CITY OF TIGARD COLWELL HOME OCCUPATION CommunitycDevetpment Shaping A Better Community 120 DAYS = 8/27/2002 SECTION I. APPLICATION SUMMARY FILE NAME: COLWELL HOME OCCUPATION FILE NO.: Home Occupation Permit (HOP) HOP2002-00043 APPLICANT: Gregory Colwell OWNER: Same 7435 SW Hermoso Way Tigard, OR 97223 PROPOSAL: The applicant requests approval for a Type II Home Occupation permit to allow a Biotechnology design, analysis, and consulting service. The applicant has not proposed that any customers will visit the site, but that there will be one non-resident employee. The applicant has roposed that the hours of operation will be between 9 AM to 6:30 PM Monday through Friday. COMPREHENSIVE PLAN DESIGNATION: Mixed Use Employment. ZONING DESIGNATION: MUE. The MUE zoning district is designed to apply to a majority of the land within the Tigard Triangle, a regional mixed-use employment district bounded by Pacific Highway (Hwy. 99), Highway 217 and 1-5. This zoning district permits a wide range of uses including major retail goods and services, business/professional offices, civic uses and housing; the latter includes multi-family housing at a maximum density of 25 units/acre, equivalent to the R-25 zoning district. A wide range of uses, including but not limited to community recreation facilities, religious institutions, medical centers, schools, utilities and transit- related park-and-ride lots, are permitted conditionally. LOCATION: 7435 SW Hermoso Way; WCTM 2S101AB, Tax Lot 1403. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.385, 18.390, 18.510 and 18.742. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section IV. HOP2002-00043/TYPE II COLWELL HOME OCCUPATION (BIOTECH RESEARCH) PAGE 1 OF 7 CONDITIONS OF APPROVAL UNLESS OTHERWISE NOTED, THE STAFF CONTACT SHALL BE MORGAN TRACY IN THE PLANNING DIVISION AT (503) 639-4171. 1. The applicant shall certify that the areas used for the home occupation business will be limited to that shown on the revised site plan. 2. The applicant/owner shall consult with the Building Department to determine what modifications will be needed to ensure that the proposed use will comply with State Building Codes, including ADA (Americans with Disabilities Act) requirements. The business shall not be in operation until either the Building Department acknowledges that no modifications are required, or until final building inspection approval has been issued. 3. The applicant shall enter into a Street Improvement Agreement with the City whereby they agree to complete or participate in the future improvements of SW Hermoso Way adjacent to the subject property, when any of the following events occur: A. When the improvements are part of a larger project to be financed or paid for by the formation of a Local Improvement District, B. When the improvements are part of a larger project to be financed or paid for in whole or in part by the City or other public agency, C. When the improvements are part of a larger project to be constructed by a third party and involves the sharing of design and/or construction expenses by the third party owner(s) of property in addition to the subject property, or D. When construction of the improvements is deemed to be appropriate by the City Engineer in conjunction with construction of improvements by others adjacent to the subject site. 4. The applicant shall agree to connect to sewer or cease operation of the home occupation business when any of the following events occur: A. The existing system is in failing condition B. The anticipated level of sanitary disposal exceeds the capacity for the septic system, or C. That the use is disposing materials that would not be effectively treated in a septic system 5. All Home Occupation standards discussed in this decision and detailed in the Tigard Development Code Chapter 18.742 must be complied with at all times. 6. There shall be no signs for the Home Occupation, without reapplication through the Type II Home Occupation process. SECTION III. PUBLIC COMMENTS RECEIVED The City mailed notice to property owners within 500 feet of the subject site providing them an opportunity to comment. The City received no responses. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS Section 18.390.040 states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standard, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. HOP2002-00043/TYPE II COLWELL HOME OCCUPATION (BIOTECH RESEARCH) PAGE 2 OF 7 In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with a requirement for public right-of-way dedication, or provide evidence that supports that the real property dedication is not roughly proportional to the projected impacts of the development. Section 18.390.040 states that when a condition of approval requires the transfer to the public of an interest in real property, the approval authority shall adopt findings which support the conclusion that the interest in real property to be transferred is roughly proportional to the impact the proposed development will have on the public. The applicant has submitted an impact study as follows: Sanitary Sewer: The applicant states "there is currently no impact on the sewer system since the house uses a septic tank. Within the next year, I intend to connect to the City's sewer system...The content of the sewage will be no different than that of a small family household." Water Supply: The applicant indicates that water requirements will be no greater than that of a small family household. Storm Drainage: The applicant notes that no additional impervious areas are being created that would adversely effect drainage from present conditions. Schools: The applicant has not addressed the impacts to schools. Power-Telephone-Cable TV: Private utilities are existing and adequate to serve the proposed use. Parks: The applicant states there will be no impacts on the parks system. Noise (Audio and Visual) Impacts: The applicant notes that the home occupation business will not be generating any external noises that could be detected by neighbors or others in the neighborhood. The home occupation business does not require any signage, nor will there be any visible distractions to neighbors or others in the neighborhood. Transportation: The applicant states that "with one employee...there will be one additional car entering the Tigard Triangle areas between 8:30 and 9:00 AM and one exiting the area between 6:00-6:30 PM. Since I will be working and living at the residence, there will be one less car leaving the area in the morning and one less car entering the area in the evening. Therefore, there will be no net affect to the area intersections." Staff finds that the subject site is developed with a single-family residence, however the public facilities are not fully improved to City standards, especially with regard to street improvements. Based on the expected level of impacts according to the applicant's submittal, requiring these improvements would not be roughly proportionate. There is a lack of a nexus between the home occupation use and requiring a sewer connection, unless it is demonstrated that the existing system is in failing condition, the anticipated level of sanitary disposal exceeds the capacity for the septic system, or that the use would be disposing materials that would not be effectively treated in a septic system. There is no evidence to that effect, so staff finds that a connection is not necessary at this time. If these conditions change, the applicant will be required to connect to sewer or cease business operations. The applicant failed to address the impact to schools, however, it can be construed that since the use will not potentially contribute additional children to the school district, and no use of school facilities is necessary, there should be no foreseen impact to schools. Parks, like schools are unaffected by the presence of this use. Therefore, this standard is satisfied. HOP2002-00043(TYPE II COLWELL HOME OCCUPATION (BIOTECH RESEARCH) PAGE 3 OF 7 FINDING: The street is not fully improved to public standards. There is the potential that the septic system will not continue to function. CONDITIONS: • The applicant/owner shall sign and file a restrictive covenant to participate in future street improvements. • Immediately upon discovery of any signs that the septic system is not functioning properly, the applicant/owner shall either cease the home occupation business or connect to sanitary sewer. Section 18.742.040 states that all home occupations except those that have proven non- conforming status, shall observe the following criteria in addition to the standards established for Type I and Type II uses described in 18.742.050: Home occupations may be undertaken only by the principal occupant(s) of a residential property; The proposed Home Occupation is being undertaken by the property owner who is a principal occupant of the property. There shall be no more than three deliveries per week to the residence by suppliers; The applicant has indicated there will be approximately 2-3 deliveries of products or supplies to the residence per week. There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line resulting from the operation. Home occupations shall observe the provisions of the Tigard Community Development Code (TCDC) Chapter 18.725, Environmental Performance Standards; Staff contacted the applicant to discuss more thoroughly the types of activities that will occur in conjunction with this use. From that discussion, the applicant noted that the business has two primary components: computerized DNA modeling and design, and DNA sampling and analysis. One employee will primarily be analyzing DNA samples which are delivered to the site, while the other employee will be creating molecular models on the computer. The DNA analysis machines do not emit dust or odors and are not abnormally noisy. Therefore, no offensive noise, vibration, smoke, dust, odors, etc. are anticipated based on the proposed Home Occupation business since it will be conducted indoors and involves no manufacturing or assembly. The home occupation shall be operated entirely within the dwelling unit and a conforming accessory structure. The total area which may be used in the accessory building for either material product storage and/or the business activity shall not exceed 528 square feet. Otherwise, the home occupation and associated storage of materials and products shall not occupy more than 25% of the combined residence and accessory structure gross floor area, but in no case shall the portion of the home occupation occupying the accessory use exceed 528 square feet. The indoor storage of materials or products shall not exceed the limitations imposed by the provisions of the building, fire, health and housing codes; Twenty-five percent of the 2,200 square foot home size is 550 square feet. The maximum area the code allows is 528 square feet to be used for a home occupation. The applicant has proposed to use approximately 440 square feet of space in the basement for the home occupation. FINDING: The size limitations for Home Occupations are satisfied as shown on the site plan. CONDITION:The applicant shall certify that the areas used for the home occupation business will be limited to that shown on the site plan. HOP2002-00043/TYPE II COLWELL HOME OCCUPATION (BIOTECH RESEARCH) PAGE 4 OF 7 A home occupation shall not make necessary a change in the Uniform Building Code use classification of a dwelling unit. Any accessory building that is used must meet Uniform Building Code requirements and be in conformance with TCDC Chapter 18.710 of this title; No changes to the dwelling are proposed which would reclassify the occupancy type of the structure. To ensure that building codes are satisfied, the applicant shall consult with the Building Department to determine what modifications will be needed to ensure that the proposed use will comply with State Building Codes, including ADA (Americans with Disabilities Act) requirements. The business shall not be in operation until either the Building Department acknowledges that no modifications are required, or until final building inspection approval has been issued. More than one (1) business activity constituting two or more home occupations shall be allowed on one property, only if the combined floor space of the business activities does not exceed 25 percent of the combined gross floor area of the residence and accessory structure. Each home occupation shall apply for a separate home occupation permit. NOTE: The Tigard Business Tax requires payment for only one (1) Business Tax if the same owner is operating more than one approved business at the same location. Although payment for each separate business is not required, it is required that all names of the businesses' which are currently in operation at that location be specifically listed on the Business Tax Certificate and be visibly posted at the business location. There is no other Home Occupations approved for this site, therefore, this criterion does not apply. There shall be no storage and/or distribution of toxic or flammable materials, and spray painting or spray finishing operations that involve toxic or flammable material which in the judgment of the Fire Marshall pose a dangerous risk to the residence, its occupants, and/or surrounding properties. Those individuals which are engaged in home occupations shall make available to the Fire Marshal, for review, the Material Safety Data Sheets which pertain to all potentially toxic and/or flammable materials associated with the use; No storage or distribution of toxic or flammable materials is necessary for the proposed use therefore; this criterion has been satisfied. No home occupation shall require any on or off-street parking other than that normally required for a residence; As there are no clients coming to the site, and only one outside employee, the addition of this one car is not foreseen to cause an impact to on or off street parking. Therefore, this criterion is satisfied. The following uses are not allowed as home occupations: a A -body and ainting. b Outo ngoing mechanical repair repair p conducted outside of an entirely enclosed building. c Junk and salvage operations. d Storage and/or sale of fireworks. The proposed Home Occupation does not involve any of the above uses, and will be a consulting business use only, therefore, this criterion has been satisfied. There shall be no exterior storage of vehicles of any kind used for the business except one commercially licensed vehicle of not more than three-quarters ton GVW which may be parked outside of a structure or screened area; No exterior storage of vehicles is proposed or anticipated, therefore, this criterion has been satisfied. HOP2002-00043/TYPE II COLWELL HOME OCCUPATION (BIOTECH RESEARCH) PAGE 5 OF 7 There shall be no storage of materials, goods, and equipment unless screened entirely from view by a solid fence. Storage shall not exceed five (5) percent of the total lot area and shall not occur within the front yard or the required side yard setback; No outdoor storage of materials, goods or equipment is proposed or anticipated, therefore, this criterion has been satisfied. In addition to the general approval criteria, Type-II home occupations allow the following according to the TDC chapter 18.742.050: (a) One non-illuminated sign, not exceeding 1.5 square feet, which shall be attached to the residence or accessory structure or placed in a window; (b) No more than one outside volunteer or employee who is not a principal resident of the premises; (c) No more than six daily customers or clients. Customers and clients may not visit the business between the hours of 10:00 p.m. and 8:00 a.m. and shall not generate excessive traffic or monopolize on-street parking; (d) Storage of materials, goods, and equipment which is screened entirely from view by a solid fence. Storage shall not exceed five (5) percent of the total lot area and shall not occur within the front yard or the required side yard setback. The applicant has indicated that there will be no signage. There will be one outside employee related to the Home Occupation business. No clients or customers will visit the site. The hours of operation for the business will be between 9 a.m. and 6:30 p.m., Monday through Friday. Parking will not be impacted with the addition of one car. As previously stated, no storage of materials is proposed or anticipated. Therefore these standards are met. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON JUNE 7, 2002 AND EFFECTIVE ON JUNE 22, 2002 UNLESS AN APPEAL IS FILED. Appeal: The Director's Decision is final 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 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. HOP2002-00043/TYPE II COLWELL HOME OCCUPATION (BIOTECH RESEARCH) PAGE 6 OF 7 Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON JUNE 21, 2002. Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171 . June 7, 2002 PREPARE P BY: Morgan Tracy DATE Associate Planner fir June 7, 2002 APPROVED BY: Richard H. :ewersdorff DATE Planning Manager is\curpin\morgan\workspace\hopii\hop2002-00043(colwell)\hop2002-00043 staff report.doc HOP2002-00043/TYPE II COLWELL HOME OCCUPATION (BIOTECH RESEARCH) PAGE 7 OF 7 CITY of TIGARD GEOGRAPHIC INFORMATION SYSTEM VICINITY MAP HOP 2002-00043 HERMOSO COLW ELL PlIV Irsi Imo VVAy HOME OCCUPATION BEVELANp __TA124[S FERRD R , 1111111111111 , 9') T ': FE BEVELAND ST ,. ..y. . . . { ; .. `.� _...1:1'3 ':BULI kr149 ' ��:.. BONITA RD I 5 DURHAM r BF-�BEND RD ,. Tigard Area Map Z N ti A r GONZAGA ST N 0 100 __ _zoo 300 Feet i i 4161, City of Tigard SW should on this map is for g neral location only and ould be verified with the Development Services Division. 13125 SW Hall Blvd Tigard,OR 97223 (503)639-d171 COmmun evelr ment Flotdare ntt2;C:\citigardonus p :Apr 29,2002;C:lmagicWIAGIC03.APR Gregory Colwell HOP2002-00043 7435 SW Hermoso Way COLWELL HOME OCCUPATION Tigard, OR 97223 co vs7-1 CITY OF TIGARD CURRENT PLANNING 13125 SW HALL BLVD TIGARD, OR 97223 �4� 2S 101 AB-01401 PHILLIPS JASON E/CAROLYN L 7355 SW HERMOSO WAY TIGARD, OR 97223 - —s�:•�. � ,r Ilil�t�1.` �.1t i4Ls�till��l��I t I�i;;.11 :1!.1._1.1:1..!.#.1..i.! NOTICE OF TYPE II DECISION HOME OCCUPATION PERMIT (HOP) 2002-00043 CITY OF TIGARD COLWELL HOME OCCUPATION CommunityDeve(opment Shaping A Better Community 120 DAYS = 8/27/2002 SECTION I. APPLICATION SUMMARY FILE NAME: COLWELL HOME OCCUPATION FILE NO.: Home Occupation Permit (HOP) HOP2002-00043 APPLICANT: Gregory Colwell OWNER: Same 7435 SW Hermoso Way Tigard, OR 97223 PROPOSAL: The applicant requests approval for a Type II Home Occupation permit to allow a Biotechnology design, analysis, and consulting service. The applicant has not proposed that any customers will visit the site, but that there will be one non-resident employee. The applicant has proposed that the hours of operation will be between 9 AM to 6:30 PM Monday through Friday. COMPREHENSIVE PLAN DESIGNATION: Mixed Use Employment. ZONING DESIGNATION: MUE. The MUE zoning district is designed to apply to a majority of the land within the Tigard Triangle, a regional mixed-use employment district bounded by Pacific Highway (Hwy. 99),.Highway 217 and 1-5. This zoning district permits a wide range of uses including major retail goods and services, business/professional offices, civic uses and housing; the latter includes multi- family housing at a maximum density of 25 units/acre, equivalent to the R-25 zoning district. A wide range of uses, including but not limited to community recreation facilities, religious institutions, medical centers, schools, utilities and transit-related park-and-ride lots, are permitted conditionally. LOCATION: 7435 SW Hermoso Way; WCTM 2S101AB, Tax Lot 1403. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.385, 18.390, 18.510 and 18.742. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted - in the full decision, available at City Hall. All documents and applicable criteria in the above-noted file are available for inspection at no cost or copies can be obtained for twenty-five cents (25 ) per page, or the current rate charged for copies at the time of the request. SECTION III. PROCEDURE AND APPEAL INFORMATION Notice: Notice mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON JUNE 7, 2002 AND BECOMES EFFECTIVE ON JUNE 22, 2002 UNLESS AN APPEAL IS FILED. A eal: The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1 may appeal this decision in accordance with Section 18.390.040.G.2 of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON JUNE 21, 2002. Questions: For further information please contact the Planning Division Staff Planner, Morgan Tracy at (503) 639-4171, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. CITY of TIGNRO INNVICINITY MAP \\ I 1 HOP 2002-00043 COLWELL 111 SO HOME OCCUPATION 1e eEVELANO ST•� '•': s 1 1 tom/ GONZAGA ST N Zla MO •9®......_ w' ^' nu 7�vebq^o^I 'gyp 29.340rQVrupf.MNG1CW. 4-1-7k4 - CITY OF TIGARD ;r CURRENT PLANNING 13125 SW HALL BLVD 4 TIGARD, OR 97223 2S101AB-01606 SLOAN DAVID MARTIN SLOAN KAREN MARIE 7355 SW BEVELAND RD TIGARD,OR 97223 Jt- Sit. -id,1/44-1.4 14,14.,- A 1�ti1. 1 ;`:I� �i �l ,lk,1;. ,': 1':�:i .11r3 ��ii11111101 NOTICE OF TYPE II DECISION HOME OCCUPATION PERMIT (HOP) 2002-00043 .411. .111 CITY OF TIGARD COLWELL HOME OCCUPATION Community Development Shaping Better Community 120 DAYS = 8/27/2002 SECTION I. APPLICATION SUMMARY FILE NAME: COLWELL HOME OCCUPATION FILE NO.: Home Occupation Permit (HOP) HOP2002-00043 APPLICANT: Gregory Colwell OWNER: Same 7435 SW Hermoso Way Tigard, OR 97223 PROPOSAL: The applicant requests approval for a Type II Home Occupation permit to allow a Biotechnology design, analysis, and consulting service. The applicant has not proposed that any customers will visit the site, but that there will be one non-resident employee. The applicant has proposed that the hours of operation will be between 9 AM to 6:30 PM Monday through Friday. COMPREHENSIVE PLAN DESIGNATION: Mixed Use Employment. ZONING DESIGNATION: MUE. The MUE zoning district is designed to apply to a majority of the land within the Tigard Triangle, a regional mixed-use employment district bounded by Pacific Highway (Hwy. 99),.Highway 217 and 1-5. This zoning district permits a wide range of uses including major retail goods and services, business/professional offices, civic uses and housing; the latter includes multi- family housing at a maximum density of 25 units/acre, equivalent to the R-25 zoning district. A wide range of uses, including but not limited to community recreation facilities, religious institutions, medical centers, schools, utilities and transit-related park-and-ride lots, are permitted conditionally. LOCATION: 7435 SW Hermoso Way; WCTM 2S101AB, Tax Lot 1403. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.385, 18.390, 18.510 and 18.742. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted in the full decision, available at City Hall. All documents and applicable criteria in the above-noted file are available for inspection at no cost or copies can be obtained for twenty-five cents (250 per page, or the current rate charged for copies at the time of the request. SECTION III. PROCEDURE AND APPEAL INFORMATION Notice: Notice mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON JUNE 7, 2002 AND BECOMES EFFECTIVE ON JUNE 22, 2002 UNLESS AN APPEAL IS FILED. AAp e�al: The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1 may appeal this decision in accordance with Section 18.390.040.G.2 of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON JUNE 21, 2002. Questions: For further information please contact the Planning Division Staff Planner, Morgan Tracy at (503) 639-4171, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. a IF VICINITY MAP HOP 2002 00043 COLWELL HE• OSO•� HOME OCCUPATION //" 111111111 it 1 �,. s I / N GONZAGA ST 1=1= MOM ,M �,.., :Ap 29,2001;C:MgcNN01COJ.M • CITY of TIGARD OEOORA►M IC INFORMATION SYSTEM AREA NOTIFIED (500') MIIIIIOWO FOR: Gregg Colwell RE: 7435 SW Hermoso Way (2S I 0 I AB, 1403) liall Property owner information is valid for 3 months from the date printed on this map. t3,5k70 N5S Mr` :� �\\� .�. HERMI-' WA :mums TSa. ilamv, 711411101507 • N BEVE�ND ST 0 100 200 300 Feet 1 1=217 feet Ism MBUt1US """"'>« BEV 1L,1 Ii City of Tigard Information on this map is for general location only and should be verified with the Cevelopmenl Services Division. 13125 SW Hall Blvd Q Tigard,OR 97223 (503)639-4171 1 Z http'/tw w.ci.tigard.or.us Community Development Plot date:Apr 10,2002;C:lmagic\MAGIC03.APR 2S101813-00100 2S101AB-01600 ACKERLY COMMUNICATIONS OF ERDLE WILLIAM J THE NORTHWEST INC 7405 SW BEVELAND RD 3601 6TH AVE S TIGARD,OR 97223 SEATTLE,WA 98134 2S 101 AB-01502 2S 101 AB-01602 ANDERSON ARDELLE C GIBSON KLAUS P&CORNELIA 7565 SW HERMOSO WAY 10904 SW PARKWOOD CT TIGARD, OR 97223 WILSONVILLE,OR 97070 2S101AB-01100 2S101AB-01603 BAUER DANIEL E& HARLAN BRIAN&MAI BAUER BARBARA G 7270 SW HERMOSO WAY 12335 SW 72ND AVE TIGARD,OR 97223 PORTLAND,OR 97223 2S101AB-01200 23101AB-01501 BAUER DANIEL E&BARBARA JOENS JOHN D MARJORIE A 7275 SW HERMOSO PMB 162 TIGARD, OR 97223 11575 SW PACIFIC HWY TIGARD,OR 97223 2S 101 AB-01800 2S 101 AB-01608 BOEHM GENE G BEATRICE G KOBERLEIN GERRY GENE 7380 SW HERMOSA WAY 7455 SW BEVELAND RD TIGARD,OR 97223 TIGARD,OR 97223 25101AB-01403 2S101AB-01300 COLWELL GREGGORY W LAURENS MICHAEL F 7435 SW HERMOSO WAY 61415 ROCK BLUFF LN TIGARD, OR 97223 BEND,OR 97702 2S 101 AB-02706 2S 101 AB-01402 EAGLE HARDWARE&GARDEN INC LYMAN RODNEY C MARGARET ATTN:TAX DEPT(TA3) 7395 SW HERMOSO WY PO BOX 1111 TIGARD,OR 97223 NORTH WILKESBORO, NC 28656 2S101AB-02705 2S101BA-00401 E•:- HARDWA'- . GARDEN INC MARTIN GORDON R&SHEILA ATTN:T• • 'T(TA3) 12265 SW 72ND P O B• 111 TIGARD,OR 97223 'TH WILKESBORO,NC 28656 2 01 AB-02702 2S 101 BA-00300 EA HARDWAR : ' ARDEN INC MARTIN GORDON RICHARD& ATTN:T. •- ' (TA3) MARTIN GORDON STEVEN PO B• 111 PO BOX 740 N ORTH WILKESBORO, NC 28656 GLENEDEN BEACH,OR 97388 2S101AB-02701 2S101BA-00400 EA HARDWAR.&GARDEN INC MARTIN GORDON S& ATTN:T •-" (TA3) MARTIN GORDON R PO BO, 111 BY IPM N•' H WILKESBORO, NC 28656 721 SW OAK ST#100 PORTLAND,OR 97205 2S101BA-00402 2S101AB-01604 MARTIN GORD• S& STOBER LOUIE A&JESSIE L NI•= G••ION R 7305 SW BEVELAND RD BY IPM TIGARD,OR 97223 721 : OAK •100 ••RTLAND,OR 97205 2S101AB-01400 25101AB-01600 +RTIN GORD• S& TRIANGLE PROPERTIES MA- N GO'•ON R 7505 SW BEVELAND RD BY IPM TIGARD,OR 97223 721 OAK ` .100 P!•TLAND,OR 97205 2S101AB-02703 2S101AB-01404 MCCAFFERY HUGH R&NANCY J TRS VON RENCHLER MARVIN J& 7450 SW BEVELAND ST STE 100 MARY E TIGARD, OR 97223 7475 SW HERMOSO WAY TIGARD,OR 97223 2S101AB-02704 2S101AB-01900 NEWHAM DAVID ALLEN&BARBARA AN WHITETHORN LLC 14060 SW HIGH TORR DR 12465 SW 72ND AVE TIGARD,OR 97224 PORTLAND,OR 97223 2S101AB-01401 2S101AB-01601 PHILLIPS JASON E/CAROLYN L WHITNEY EUGENE P 7355 SW HERMOSO WAY PATRICIA M TIGARD, OR 97223 7340 SW HERMOSA WY TIGARD,OR 97223 2S101AB-01607 RAND STEPHEN C 7540 SW HERMOSO WAY TIGARD,OR 97223 2S101AB-01700 ROTH ALAN D AND LINDA A 7420 SW HERMOSO WAY TIGARD, OR 97223 2S101AB-01605 ROVIG CAROLE A 7460 SW HERMOSO WAY TIGARD,OR 97223 2S101AB-01500 SJP LLC 7615 SW BEVELAND RD TIGARD, OR 97223 2S 101 AB-01606 SLOAN DAVID MARTIN SLOAN KAREN MARIE 7355 SW BEVELAND RD TIGARD, OR 97223 • Jack Biethan 11023 SW Summerfield Drive, #4 Tigard, OR 97224 Sue Rorman 11250 SW 82nd Avenue Tigard, OR 97223 Naomi Gallucci 11285 SW 78th Avenue Tigard, OR 97223 Michael Trigoboff 7072 SW Barbara Lane Tigard, OR 97223 Dieter Jacobs 7775 SW Spruce Street Tigard, OR 97223 Alexander Craghead 12205 SW Hall Boulevard Tigard, OR 97223-6210 David Chapman 9840 SW Landau Place Tigard, OR 97223 Nathan and Ann Murdock PO Box 231265 Tigard, OR 97281 CITY OF TIGARD - EAST CIT SUBCOMMITTEE (i:\curpin\setup\labels\CIT East.doc) UPDATED: December 27, 2001 CITY OF TIGARD COMMUNITY DEVELOPMENT DEPARTMENT Z.12 PLANNING DIVISION CITY Of TIGARD Community(Development 13125 SW HALL BOULEVARD Shaping J4 Better Community TIGARD, OREGON 97223 PHONE: 503-639-4131 FAX: 503-684-7297(Attn: Patty or Shirley/Planning) R !UES1r 1 r:O,R 100 '001 PRO 'ERA ( OAiN.fflM I _ I� T Property owner information is valid for 3 months from the date of your request INDICATE ALL PROJECT MAP & TAX LOT NUMBERS (i.e. IS134AB,Tax Lot 00100) OR THE ADDRESSES FOR ALL PROJECT PARCELS BELOW and INCLUDE A MAP OF ALL LOTS FOR THE PROJECT (preferably assessor's tax map): 7 -?.)S Su% tvwi v V tPett.� Tti - OfL 007,73 l & INDICATE WHETHER YOU ARE REQUESTI6OR 3 SETS OF LABELS: (NOTE: A minimum of 2 sets of labels will be provided to place on your 2 sets of envelopes that applicants are required to submit at the time of application submittal. If a neighborhood meeting is required and you have not yet held that meeting,you should request 3 sets) NAME OF CONTACT PERSON: GYt Ck 1( PHONE: c..;03 _ J - This request may be mailed, faxed, or hand delivered to the City of Tigard. Please allow a 2-day minimum for processing requests. Upon completion of your request, the contact person will be called to pick up their request in "Will Call" by their last name, at the Community Development Reception Desk. The cost of processing your request must be paid at the time of pick up, as exact cost can not be pre-determined. PLEASE NOTE: FOR REASONS OF ACCURACY, ONLY ORIGINAL MAILING LABELS PROVIDED BY THE CITY VS. RE—TYPED MAILING LABELS WILL BE ACCEPTED. Cost Description: • $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 * * 4 sheets of labels x $2/sheet = $8.00 x 2 sets = $16.00 A sheet(s) of labels x $2/sheet = $ 7 x �nn sets = 2_ sheets of labels x $2/sheet for CIT area x �_ sets = $ 4.00 /0 sheet(s) of labels x $2/sheet for CIT area = sets = GENERATE LIST = 11100 GENERATE 1.151 = $ TOTAL = $31.00 �f�5�� TOTAL = $ Receipt #: 27200200000000001287 Date: 04/10/2002 T I D E M A R K COMPUTER SYSTEMS, INC Line Items: Case No Tran Code Description Revenue Account No. Amount Due MISC Miscellaneous Fees&Charges-21.0000 @$1.00 100-0000-451000 $21.00 Payments: Method Payer Bank No Acct Check No Confirm No. Amount Paid Cash GREGG COLWELL 0 0 0 $21.00 TOTAL AMOUNT PAID: $21.00 RECEIVED APR 1 0 2002 CITY OF TIGARD PLANNING/ENGINEERING • 444 AFFIDAVIT OF MAILING CITYOFTIGARD Community(Development Shaping (Better Community I, Patricia L. Luord, being first duly sworn/affirm, on oath depose and say that I am a Senior Administrative Specialist for the City of Tigar , Washington County, Oregon and that I served the following: {Check Appropnale Box(s)Below) E3 NOTICE OF PENDING LAND USE APPLICATION FOR: HOP2002-00043/COLWELL HOME OCCUPATION (dba: GENE DYNAMICS LLC) ❑ AMENDED NOTICE (File No/Name Reference) ® City of Tigard Planning Director A copy of the said notice being hereto attached, marked Exhibit"A", and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit"B", and by reference made a part hereof, on April 29,2002, and deposited in the United States Mail on April 29,2002, postage prepaid. Ljt ;rAzt,;/ — ' 1,__. i e2d--/ (Person that Prepared No ce) STArl.E Off'OWLEGON ) County of Washington )ss. City of Tigard ) Subscribed and sworn/affirmed before me on the �/ Y da of ( , 2002. CL-- 4).'. OFFICIAL SEAL 411".116?' DIANE M JELDERKS P•: :: •; . �'" NOTARY PUBLIC-OREGON �j/ "' COMMISSION NO.326578 MY COMMISSION EXPIRES SEPT.07,2003 r, Pi NOTARY PUBLIC OF ORnuN My Commission Exp- . y /7/q3' • EXHIBIT NOTICE TO MORTGAGEE, LIENHOLDER,VENDOR OR SELLER: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE,IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. NOTICE OF PENDING LAND USE APPLICATION HOME OCCUPATION PERMIT CITY OF TIGARD Community Developm n Shaping Better Community DATE OF NOTICE: April 29, 2002 FILE NUMBER: HOME OCCUPATION PERMIT (HOP) 2002-00043 FILE NAME: COLWELL HOME OCCUPATION PROPOSAL The applicant requests approval for a Type II Home Occupation permit to allow a Biotechnology design, analysis, and consulting service. The applicant has indicated that there will be no customers visiting the site, but that one full time employee will utilize the home occupation. The applicant has proposed that the hours of operation will be between 9 AM to 6:30 PM Monday through Friday. ZONE: MUE: Mixed-Use Employment. The MUE zoning district is designed to apply to a majority of the land within the Tigard Triangle, a regional mixed-use employment district bounded by Pacific Highway (Hwy. 99), Highway 217 and 1-5. This zoning district permits a wide range of uses including major retail goods and services, business/professional offices, civic uses and housing; the latter includes multi-family housing at a maximum density of 25 units/acre, equivalent to the R-25 zoning district. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.385, 18.390, 18.520 and 18.742. LOCATION: 7435 SW Hermoso Way; WCTM 2S101AB, Tax Lot 1403. YOUR RIGHT TO PROVIDE WRITTEN COMMENTS: Prior to the City making any decision on the Application, you are hereby provided a fourteen (14) day period to submit written comments on the application to the City. THE FOURTEEN (14) DAY PERIOD ENDS AT 5:00 PM ON MAY 13, 2002. All comments should be directed to MORGAN TRACY in the Planning Division at the City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223. You may reach the City of Tigard by telephone at (503) 639-4171. ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION-MAKING PROCESS THE CITY OF TIGARD APPRECIATES RECEIVING COMMENTS AND VALUES YOUR INPUT. COMMENTS WILL BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION. A DECISION ON THIS ISSUE IS TENTATIVELY SCHEDULED FOR JUNE 10, 2002. IF YOU PROVIDE COMMENTS, YOU WILL BE SENT A COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED. WRITTEN COMMENTS WILL BECOME A PART OF THE PERMANENT PUBLIC RECORD AND SHALL CONTAIN THE FOLLOWING INFORMATION: • Address the specific "Applicable Review Criteria" described in the section above or any other criteria believed to be applicable to this proposal; • Raise any issues and/or concerns believed to be important with sufficient evidence to allow the City to provide a response; • Comments that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant approval criteria with sufficient specificity on that issue. Failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Specific findings directed at the relevant approval criteria are what constitute relevant evidence. AFTER THE 14-DAY COMMENT PERIOD CLOSES, THE DIRECTOR SHALL ISSUE A TYPE I ADMINISTRATIVE DECISION. THE DIRECTOR'S DECISION SHALL BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN 500 FEET OF THE SUBJECT SITE, AND TO ANYONE ELSE WHO SUBMITTED WRITTEN COMMENTS OR WHO IS OTHERWISE ENTITLED TO NOTICE. THE DIRECTOR'S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA. BASED UPON THE CRITERIA AND THE FACTS CONTAINED WITHIN THE RECORD, THE DIRECTOR SHALL APPROVE, APPROVE WITH CONDITIONS OR DENY THE REQUESTED PERMIT OR ACTION. SUMMARY OF THE DECISION-MAKING PROCESS: ♦ The application is accepted by the City. ♦ Notice is sent to property owners of record within 500 feet of the proposed development area allowing a 14-day written comment period. ♦ The application is reviewed by City Staff and affected agencies. • City Staff issues a written decision. • Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site; all owners of record of property located within 500 feet of the site, as shown on the most recent property tax assessment roll; any City-recognized neighborhood group whose boundaries include the site; and any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or anyone who is otherwise entitled to such notice. INFORMATION/EVIDENCE AVAILABLE FOR REVIEW: The application, written comments and supporting documents relied upon by the Director to make this decision are contained within the record and are available for public review at the City of Tigard Community Development Department. Copies of these items may be obtained at a cost of $.25 per page or the current rate charged for this service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of this Notice under the section titled "Your Right to Provide Written Comments." CITY AI TIGARD VICINITY MAP I HOP 2002-00043 COLWELL HOME OCCUPATION alriliER'40SONimr, BEVELgNp ST•� - ,f /ELANP1 I fir r • N GONZAGA ST • SW .. . .�.-.I 0117 • , • :: �. . 111.11111111111111 • Or WI Ea Apr 20,2002.0 VrepleVNAGIC03 APF EXBIhIT 2S 101 B D-00100 2S 101 AB-01600 ACKERLY COMMUNICATIONS OF ERDLE WILLIAM J THE NORTHWEST INC 7405 SW BEVELAND RD 3601 6TH AVE S TIGARD,OR 97223 SEATTLE,WA 98134 25 101 AB-01502 2S 101 AB-01602 ANDERSON ARDELLE C GIBSON KLAUS P&CORNELIA 7565 SW HERMOSO WAY 10904 SW PARKWOOD CT TIGARD, OR 97223 WILSONVILLE,OR 97070 2S 101 AB-01100 2S 101 AB-01603 BAUER DANIEL E& HARLAN BRIAN&MAI BAUER BARBARA G 7270 SW HERMOSO WAY 12335 SW 72ND AVE TIGARD,OR 97223 PORTLAND,OR 97223 2S101AB-01200 2S101AB-01501 BAUER DANIEL E&BARBARA JOENS JOHN D MARJORIE A 7275 SW HERMOSO PMB 162 TIGARD,OR 97223 11575 SW PACIFIC HWY TIGARD,OR 97223 2S 101 AB-01800 2S 101 AB-01608 BOEHM GENE G BEATRICE G KOBERLEIN GERRY GENE 7380 SW HERMOSA WAY 7455 SW BEVELAND RD TIGARD, OR 97223 TIGARD,OR 97223 2S 101 AB-01403 2S 101 AB-01300 COLWELL GREGGORY W LAURENS MICHAEL F 7435 SW HERMOSO WAY 61415 ROCK BLUFF LN TIGARD, OR 97223 BEND, OR 97702 2S 101 AB-02706 2S 101 AB-01402 EAGLE HARDWARE&GARDEN INC LYMAN RODNEY C MARGARET ATTN:TAX DEPT(TA3) 7395 SW HERMOSO WY PO BOX 1111 TIGARD,OR 97223 NORTH WILKESBORO,NC 28656 25101AB-02705 2S101BA-00401 E••. HARDWA'- GARDEN INC MARTIN GORDON R&SHEILA ATTN:T• S 'T(TA3) 12265 SW 72ND PO B• 111 TIGARD,OR 97223 'TN WILKESBORO,NC 28656 2 01AB-02702 2S101BA-00300 EA HARDWAR ARDEN INC MARTIN GORDON RICHARD& ATTN:T I- ` (TA3) MARTIN GORDON STEVEN PO B• 111 PO BOX 740 NORTH WILKESBORO, NC 28656 GLENEDEN BEACH,OR 97388 2S 101 AB-02701 2S 101 BA-00400 EA HARDWAR. &GARDEN INC MARTIN GORDON S& ATTN:T• •-'_ (TA3) MARTIN GORDON R PO BO. 11 BY IPM N• H WILKESB•RO, NC 28656 721 SW OAK ST#100 PORTLAND,OR 97205 2S101BA-00402 2S101AB-01604 MARTIN GORD• S& STOBER LOUIE A&JESSIE L M•- G••PONR 7305 SW BEVELAND RD BY IPM TIGARD,OR 97223 721 : OAK • 00 ••RTLAND,OR 97205 25 101 AB-01400 2S 101 AB-01609 RTIN GORD• S& TRIANGLE PROPERTIES MA- N GO?DON R 7505 SW BEVELAND RD BY IPM TIGARD,OR 97223 721 OAK ,100 P•••TLAND,OR 97205 2S 101 AB-02703 2S 101 AB-01404 MCCAFFERY HUGH R&NANCY J TRS VON RENCHLER MARVIN J& 7450 SW BEVELAND ST STE 100 MARY E TIGARD, OR 97223 7475 SW HERMOSO WAY TIGARD,OR 97223 2S 101 AB-02704 25101 AB-01900 NEWHAM DAVID ALLEN&BARBARA AN WHITETHORN LLC 14060 SW HIGH TORR DR 12465 SW 72ND AVE TIGARD,OR 97224 PORTLAND,OR 97223 2S 101 AB-01401 2S 101 AB-01601 PHILLIPS JASON E/CAROLYN L WHITNEY EUGENE P 7355 SW HERMOSO WAY PATRICIA M TIGARD,OR 97223 7340 SW HERMOSA WY TIGARD,OR 97223 2S101AB-01607 RAND STEPHEN C 7540 SW HERMOSO WAY TIGARD,OR 97223 2S 101 AB-01700 ROTH ALAN D AND LINDA A 7420 SW HERMOSO WAY TIGARD,OR 97223 2S101AB-01605 ROVIG CAROLE A 7460 SW HERMOSO WAY TIGARD,OR 97223 2S 101 AB-01500 SJP LLC 7615 SW BEVELAND RD TIGARD,OR 97223 2S 101 AB-01606 SLOAN DAVID MARTIN SLOAN KAREN MARIE 7355 SW BEVELAND RD TIGARD,OR 97223 - s Jack Biethan 11023 SW Summerfield Drive, #4 Tigard, OR 97224 Sue Rorman 11250 SW 82nd Avenue Tigard, OR 97223 Naomi Gallucci 11285 SW 78th Avenue Tigard, OR 97223 Michael Trigoboff 7072 SW Barbara Lane Tigard, OR 97223 Dieter Jacobs 7775 SW Spruce Street Tigard, OR 97223 Alexander Craghead 12205 SW Hall Boulevard Tigard, OR 97223-6210 David Chapman 9840 SW Landau Place Tigard, OR 97223 Nathan and Ann Murdock PO Box 231265 Tigard, OR 97281 CITY OF TIGARD - EAST CIT SUBCOMMITTEE (i:\curpin\setup\labels\CIT East.doc) UPDATED: December 27, 2001 APPLICANT MATERIALS HOME OCCUPATION , . x.11 TYPE II APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX: (503) 684-7297 GENERAL INFORMATION Property Address/Location(s): 5 SEA) 050 . I M T(yuvd ( OQ, 1VZ23 FOR STAFF USE ONLY Tax Map & Tax Lot#(s): (2----5 / 10 / 46 - ofticy Case No.(s): 'gat �if • • IS 1-1'3. Is Other Case No.(s): Site Size: 1 ,900 p .'IP Receipt No.: ,,!!�1i i1 , Applicant*: GV-ei Colwe I t Date: =Oa- �,�i 3 SO till Application Accepted By: ,� Address: -��' S S� 14'0V-0 SO /State: 1 k -c R^^ 0 12-- Zip: .4"ZZ� Y `J t Date Determined Complete: Primary Contact: Glee')66 Co/vJel Phone: 503 - 411-- 7147,6A)0,(0 Fax: SQ,w4.C.(Cal< *) Business Tax Paid? n Yes ❑ No Property Owner/Deed Holder(s)*: (Attach list if more than one) Rev.3/5/01 is lcurpinunasters\revisedlhop2doc Address: X35 Stec.) 1-4.6vvito5O (Lig I Phone: 503- 6■20' $70-T City/State: ¶(tlkD , OQ- Zip: S 4-27_3 REQUIRED SUBMITTAL ELEMENTS * When the owner and the applicant are different people, the applicant (Note: applications will not be accepted must be the purchaser of record or a lessee in possession with written without the required submittal elements) authorization from the owner or an agent of the owner. The owner(s) must sign this application in the space provided on the back of this form or submit a written authorization with this application. rirApplication Form PROPOSAL SUMMARY Zr Owner's Signature/Written Authorization The owners of record of the subject property request approval of a Title Transfer Instrument or Deed Home Occupation Permit to allow (please be specific): 1 J1 I I 41. _ C . 6 y L D+ bk.5�= - f_ 2 Sets of Pre-Addressed/Pre-Stamped t/l I 1 l 3 "l t U"C � T t #10 Envelopes & Copy of 500' Property r m(k� Gtuav la�IGS t.-i. . 4.-pr CLS Owner List Generated by the City ,h i l� Filing Fee $545.00 FrOVL61-4-S C(1C�t+S l� "IA[- lllo ►�w�o Y )' Tw,(ashi lAwili dewy , cot a.et�I 1 avim. Ctc 4Scc.Q k �CYv CeS . U � l SPECIFICATIONS Specify whether you are using a detached building on your property and give dimensions: I'ov . List any VARIANCE OR OTHER LAND USE ACTIONS to be considered as part of this application: 140 . APPLICANTS: To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the "Required Submittal Elements" box. (Detailed Submittal Requirement Information sheets can be obtained, upon request,for all types of Land Use Applications.) THE APPLICANT(S)SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. • If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. DATED this /0 day of . April ,20 D7--- iSre). Owner's Signature Owner's Signature Owner's Signature Owner's Signature i ill TO APPLY FOR A HOME OCCUPATION PERMIT, PLEASE ANSWER THE FOLLOWING QUESTIONS: [CITY OF TIGARD H.O.P.TYPE II QUESTION PAGE] 1. Will you have any paid employees or subcontractors working in the home in conjunction with the business who are not residents of the home? ,Yes (If yes, please explain): IYV-'e- t t w 'Elite eA /0 e- 2. Will you have customers/clients coming to your residence? No Yes (If yes, how many per day?): 3. Will you have deliveries or pickups made of products or supplies to your residence? ( INo CRI Yes (If yes, how many&what type?): LLA #V UP 2- 4. What will your hours and days of operation be? 9: 00 aim — tP • 30e - F 5. Will the business generate any noise which can be heard outside of the structure? I [vo I I Yes (If yes, please explain): 6. How many square feet is your residence and how many s uare feet will be devoted to the peration of your business, including storage areas? R1a4• f.L = 27,00 8145th.[SS = LL11.-Q 7. Will you have any signs or advertising visible from the exterior of the premises? Fct No I Yes (If yes, please explain): 8. Please show the floor layout of your house and the area to be used for your home occupation on the graph paper on the back of this page. Please designate those areas which shall be utilized as follows: A. entirely for the home occupation; and B. partially for the home occupation. Please designate the approximate dimensions of the rooms(s)to be used for the home occupation. 3 wsi -A 11111111111111111•1111,1 ME= ,e 11111111111111ENIEEMEll 1111111111111111110 J'•r!iIIlII MINIM ••• a5 1111:11111111111111111 ' _ 1111111111111111111 II - iv "1111 Receipt #: 27200200000000001292 —. /_.. Date: 04/10/2002 TIDEMARK la COPY COMPUTER SYSTEMS, INC Line Items: Case No Tran Code Description Revenue Account No. Amount Due HOP2002-00043 [LANDUS)Type II Permit Fee 100-0000-438000 $545.00 Payments: Method Payer Bank No Acct Check No Confirm No. Amount Paid Check GENE DYNAMICS, LLC 0 3517 0 $545.00 TOTAL AMOUNT PAID: $545.00 Until a change is requested all tax statements shall be sent to the following address. 2020 SW FOURTH AVENUE #1010 PORTLAND, OR 97201 WHEN RECORDED MAIL TO PORTLAND MORTGAGE COMPANY 2020 SW FOURTH AVENUE #1010, PORTLAND, OR 97201 ACCOUNT NUMBER 25253 TAX ACCOUNT NUMBER R457160 [Space Above This Line For Recording Data] DEED OF TRUST MIN 1000604-0000025253-3 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated September 25, 2001 together with all Riders to this document. (B) "Borrower" is GREGGORY W. COLWELL, AN INDIVIDUAL • Borrower is the trustor under this Security Instrument. (C) "Lender" is PORTLAND MORTGAGE COMPANY Lender is a An Oregon Corporation organized and existing under the laws of OREGON COLWELL,GR25253 25253 OREGON-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3038 1/01 02)(s)-6A(OR)(0005) Page 1 of 15 MW 05/00 Initials: II I II I I II I II II VMP MORTGAGE FORMS-(800)521-7291 Lender's address is 2020 SW FOURTH AVENUE #1010, PORTLAND, OR 97201 (D) "Trustee" is ROBERT W. PALMER A MEMBER OF THE OREGON STATE BAR 1300 S.W. FIFTH AVE. , STE 3400 PORTLAND, OR 97204-5696 (E) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the beneficiary under this Security Lnstrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. (F) "Note" means the promissory note signed by Borrower and dated September 25, 2001 The Note states that Borrower owes Lender One Hundred Forty Thousand and no/100 Dollars (U.S. $ 140,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than October 1, 2031 (G) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (H) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (I) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: Adjustable Rate Rider ❑Condominium Rider n Second Home Rider ❑Balloon Rider Planned Unit Development Rider I 11-4 Family Rider ❑ VA Rider ❑Biweekly Payment Rider ❑Other(s) [specify] (J) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (K) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (M) "Escrow Items" means those items that are described in Section 3. (N) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (0) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (P) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. COLWELL,GR25253 25253 Initials: CZO-6A(OR) f0005I Page 2 of 15 Form 3038 1/01 (Q) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (R) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY The beneficiary of this Security Instrument is MERS (solely as nominee for Lender and Lender's successors and assigns) and the successors and assigns of MERS. This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the COUNTY of WASHINGTON [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] LOT 6, HERMOSO PARK, IN THE CITY OF TIGARD, COUNTY OF WASHINGTON which currently has the address of 7435 SW HERMOSO WAY [Street] TIGARD [City], Oregon 97223 [Zip Code] ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. COLWELL,GR25253 25253 Initials: • © 6A(OR) boos) Page 3 of 15 Form 3038 1/01 • BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or(d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received . from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community COLWELL,GR25253 25253 initials: (22)-6A(OR) (0005) Page 4 of 15 Form 3038 1/01 Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured)or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as requi-ed by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the COLWELL,GR25253 25253 Initials: -6A(OR) (0005) Page 5 of 15 Form 3038 1/01 lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with COLWELL,GR25253 25253 Initials: -6A(OR) (0005) Page 6 of 15 Form 3038 1/01 the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or imi:air the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable COLWELL,GR25253 25253 Initials: -6A(OR) 100051 Page 7 of 15 Form 3038 1/01 attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the'Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsures, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. COLWELL,GR25253 25253 Initials: 4)-6A(OR) (0005) Page 8 of 15 Form 3038 1/01 (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or term i nation. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender COLWELL,GR25253 25253 Initials: CD-6A(OR)(0005) Page 9 of 15 Form 3038 1/01 to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. COLWELL,GR25253 25253 Initials: -6A(OR) (0005) Page 10 of 15 Form 3038 1/01 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b)cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA COLWELL,GR25253 25253 Initials: (Z)m 6A(OR) (0005) Page 11 of 15 Form 3038 1/01 requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of(a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. COLWELL,GR25253 25253 Initials:_ Cr)-6A(OR) (0005) Page 12 or 15 Form 3038 1/01 0 NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall execute or cause Trustee to execute a written notice of the occurrence of an event of default and of Lender's election to cause the Property to be sold and shall cause such notice to be recorded in each county in which any part of the Property is located. Lender or Trustee shall give notice of sale in the manner prescribed by Applicable Law to Borrower and to other persons prescribed by Applicable Law. After the time required by Applicable Law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at ally sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima fade evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs. Lender may charge such person or persons a fee for reconveying the Property, but only if the fee is paid to a third party (such as the Trustee) for services rendered and the charging of the fee is permitted under Applicable Law. 24. Substitute Trustee. Lender may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by Applicable Law. 25. Attorneys' Fees. As used in this Security Instrument and in the Note, attorneys' fees shall include those awarded by an appellate court. 26. Protective Advances. This Security Instrument secures any advances Lender, at its discretion, may make under Section 9 of this Security Instrument to protect Lender's interest in the Property and rights under this Security Instrument. 27. Required Evidence of Property Insurance. WARNING Unless you provide us with evidence of the insurance coverage as required by our contract or loan agreement, we may purchase insurance at your expense to protect our interest. This insurance may, but need not, also protect your interest. If the collateral becomes damaged, the coverage we purchase may not pay any claim you make or any claim made against you. You may later cancel this coverage by providing evidence that you have obtained property coverage elsewhere. COLWELL,GR25253 25253 Initials: CZ)-6A(OR) 10005! Page 13 of 15 Form 3038 1/01 You are responsible for the cost of any insurance purchased by us. The cost of this insurance may be added to your contract or loan balance. If the cost is added to your contract or loan balance, the interest rate on the underlying contract or loan will apply to this added amount. The effective date of coverage may be the date your prior coverage lapsed or the date you failed to provide proof of coverage. The coverage we purchase may be considerably more expensive than insurance you can obtain on your own and may not satisfy any need for property damage coverage or any mandatory liability insurance requirements imposed by Applicable Law. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: (Seal) GREGGORY W. COLWELL -Borrower (Seal) -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower COLWELL,GR25253 25253 ftl1-6A(OR) (0005) Page 14 of 15 Form 3038 1/01 STATE OF OREGON, County ss: On this day of , personally appeared the above named GREGGORY W. COLWELL and acknowledged the foregoing instrument to be his/her/their voluntary act and deed. My Commission Expires: Before me: (Official Seal) Notary Public for Oregon COLWELL,GR25253 25253 Initials: 6A(OR)(0005) Page 15 of 15 Form 3038 1/01 To: Morgan Tracy City of Tigard, Planning Department From: Gregg Colwell 7435 SW Hermoso Way, Tigard, OR 97223 Date: April 19, 2002 RE: Impact Study for Type II Home Occupation Permit Application Transportation System Impacts: With the one employee proposed in the application, there will be one additional car entering the Tigard triangle area between 8:30-9:OOam and one exiting the area between 6:00-6:30pm. Since I will be working and living at the residence, there will be one less car leaving the area in the morning and one less car entering the area in the evening. Therefore, there will be no net effect on the areas intersections. The home occupation business will have no effect on bikeways. The proposed 2-3 deliveries per week should have little impact on indirect traffic levels since parcel carriers are already making delivers to other businesses in the area. Since there are no customers coming to the site of the home occupation, they will have no impact on traffic. Drainage System Impacts: Since there will be no additional structures or surfaces associated with the home occupation business, there will be no effect on drainage. Park System Impacts: There will be no impact on the parks system. Water System Impacts: The home occupation business requires very little water. My single-person residence consumption is modest for this size of a house. Water requirements will be no greater than that of a small family. Sewer System Impacts: There is currently no impact on the sewer system since the house uses a septic tank. Within the next year, I intend to connect to the City's sewer system. As with the water system, the home occupation will have a minimal impact on the sewer system, in part due to the small impact the home occupation has on the water system. The content of the sewage will be no different than that of a small family household. Audio and Visual Impacts: The home occupation business will not be generating any external noises that could be detected by neighbors or others in the neighborhood. The home occupation business does not require any signage, nor will there be any visible distractions to neighbors or others in the neighborhood. Dedication Requirements: I am not aware of any dedication requirements, but I will comply with any dedication required by the City's Community Development Code. 1 I , • . m • ii III I P , sil - m NM m M MAW M • M EN EN A • ME MEM Ea MN N • VI MEM ME M NEM EV IN ME MEM MEM E 11M 1 MI 1 111 111 II ME IIIIII IN M MEMER1 MUM MEM Ilat =MEM MI EU_IIIIHIIII1IIIIIIH!!III_II MI MO ME IIIIIIIIIIIUIIIIIIEilII ME ill II -zp ENIVER ME= 1435 5to 14r ►•v,05a C .11 ,-flyD, 017-- 177-23 So3-4I7 - pZ 1,bw0MtRS Gt-r.or Oettioge___, 1r —IF—. -1 -_ r I At ' 1 , . • r ur 1 , 4 84'x'6''14 I $ Z A_ 0-, t 4,4 , ► , rIti) ,' ' 1 ' 1 _ P4 ' V19(r5 . _ 4 ?'f35 Sui llcvv+n°- Ww.1 716RRD, oR R7iiz 503- yi}-75yZ uPSmi¢S Gnu 6Euf3c_ 1111111111111111111.1111 • 11111111111111111111111111 • 111 1111111111111.111 111 111111 P.11111. 111 II 1111 IMMO 111 111 111111111 11111.11111 rd fr;;4,11 MOW' NM I= III ±ffiIIII 68& rm.C� moo Ems oismomommoilm m 1mm mem NNE Intimuni immum Immormumm • • CITY OF TIGARD Community Development Shaping Better Community LAND USE PROPOSAL DESCR P 'ION 120 DAYS = 8/27/2002 FILE NO.: HOME OCCUPATION PERMIT TYPE II (HOP) 2002-00043 FILE TITLE: COLWELL HOME OCCUPATION APPLICANT: Gregory Colwell 7435 SW Hermoso Way Tigard, OR 97223 REQUEST: The applicant requests approval for a Type II Home Occupation permit to allow a Biotechnology design, analysis, and consulting service. The applicant has indicated that there will be no customers visiting the site, but that one full time employee will utilize the home occupation. The applicant has proposed that the hours of operation will be between 9 AM to 6:30 PM Monday through Friday. LOCATION: 7435 SW Hermoso Way; WCTM 2S101AB, Tax Lot 1403. ZONE: MUE. Mixed Use Employment. The MUE zoning district is designed to apply to a majority of the land within the Tigard Triangle, a regional mixed-use employment district bounded by Pacific Highway (Hwy. 99), Highway 217 and 1-5. This zoning district permits a wide range of uses including major retail goods and services, business/professional offices, civic uses and housing; the latter includes multi-family housing at a maximum density of 25 units/acre, equivalent to the R-25 zoning district. A wide range of uses, including but not limited to community recreation facilities, religious institutions, medical centers, schools, utilities and transit-related park-and- ride lots, are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.385, 18.390, 18.520 and 18.742. CIT AREA: East CIT FACILITATOR: List Available Upon Request DECISION MAKING BODY BELOW: ❑ TYPE I ® TYPE II ❑ TYPE III ❑ TYPE IV DATE COMMENTS WERE SENT: April 29, 2002 DATE COMMENTS ARE DUE: May 13, 2002 ❑HEARINGS OFFICER (MON.) DATE OF HEARING: TIME: 7:00 PM ❑PLANNING COMMISSION (MON.) DATE OF HEARING: TIME: 7:00 PM El CITY COUNCIL (TUES.) DATE OF HEARING: TIME: 7:30 PM ®STAFF DECISION (TENTATIVE) DATE OF DECISION: JUNE 10, 2002 COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION ® VICINITY MAP ❑ LANDSCAPING PLAN ❑ ARBORIST REPORT ® SITE PLAN LI ARCHITECTURAL PLAN ❑ TRAFFIC IMPACT STUDY ® NARRATIVE ❑ GEOTECH REPORT ❑ OTHER: STAFF CONTACT: Morgan Tracy, Associate Planner (503) 639-4171 Ext. 407 Agar CITY OF TIGARD April 17, 2002 OREGON Gregg Coleman 7435 SW Hermoso Way Tigard, OR 97223 RE: HOP 2002-00043 Completeness Status Dear Mr. Coleman: Staff has had an opportunity to review your proposed home occupation request and found the following items missing: 1. Impact Study. Chapter 18.390 requires the applicant prepare an impact study that addresses the impacts to the public systems, such as sewer, water, parks, as well as impacts to the neighborhood from noise, glare, and traffic. I have included a sample Impact Study for you as a model for preparing your own. Your responses will need to address the specific issues of your proposal. Once the required material has been received, staff may begin the formal review process, including sending public notice and preparing a staff report and decision. The total time for this process, once the application has been deemed complete, is 4-6 weeks. Please feel free to contact me at (503) 639-4171 should you have any questions. Sin -rely, MORGA TRACY Associate Planner 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503)684-2772 PRE - APPLICATION CONFERENCE NOTES _ . , . _,... .. . art Of MARI) - . ., . _ , .,., ,., ,, - - ' - - - - , ..., ,,,-,:. i., „ : . . 1_-..... _. . _. ; - ' --- '.;-:- - .- --- j. 14 PRE AMUCK r ---. no . . - . . _:. „...„,..- „--.. :A C RI) - . NO: ; 8 C -,4w4L-gr r-.,-..,*1;-',::',_14-;:/e% (Pre-Application Meeti t are Valid for Si. “,,, ,6„,.1',.;,01..,: ,,., , NON-RESIDENTIAL NIG DIE 20 0 i Farms %e/ny s 1 Q r APPLICANT: (2fe- d c ti C0/te,I( AGENT: Phone: (yo-,) 6ct6-3042 Phone: ( ) PROPERTY LOCATION: ADDRESS/GENERAL LOCATION: 71435 5 iil H—ri o TAX MAP(S)/LOT#(S): 2-5 1 01/4-13 t-bl 6 NECESSARY APPLICATIONS: c tje./o ).1--. -ReAwed./ (SAO PROPOSAL DESCRIPTION: 0011 € COn P oM re�(dt.4l, t( # Gonnen[,rtc4.1 a,, 3 plictse,5 Mi.A.hoel Of-35004 e,Flai.c, Aii- w1tM 6lX;12 12/4. COMPREHENSIVE PLAN MAP DESIGNATION: MO-1-1 (At Env!oy ne,/- ZONING MAP DESIGNATION: M U G CITIZEN INVOLVEMENT TEAM (C.I.T.)AREA: E4,44- ZONING DISTRICT DIMENSIONAL REQUIREMENTS (Refer to Code Section 18.520.04 0] MINIMUM LOT SIZE: ISA- sq. ft. Average Min. lot width: O ft. Max. building height: W c ft. Setbacks: Front 0 ft.(o' Pi )Side 0 ft. Rear 0 ft. Corner /ifs ft. from street. MAXIMUM SITE COVERAGE: 65 % Minimum landscaped or natural vegetation area: 15 %. NEIGHBORHOOD MEETING (Refer to the Neighborhood Meeting Handout( THE APPLICANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET AND THE APPROPRIATE CIT FACILITATOR AND THE MEMBERS OF ANY LAND USE SUBCOMMITTEE(S) of their proposal. A minimum of two (2) weeks between the mailing date and the meeting date is required. Please review the Land Use Notification handout concerning site posting and the meeting notice. Meeting is to be held prior to submitting your application or the application will not be accepted. * 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. CITY OF TIGARD Pre-Application Conference Notes Page 1 of 9 NON-Residential Application/Planning Division Section Vi 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. ❑ 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 shall propose improvements necessary to meet City standards, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication requirement, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. Fl ACCESS (Refer to Chapters 18.705 and 18.765] Minimum number of accesses: 1 Minimum access width: Minimum pavement width: 2K' wi 4 i curbs All driveways and parking areas, except for some fleet storage parking areas, must be paved. Drive-in use queuing areas: N/d- WALKWAY REQUIREMENTS (Refer to Code Section 18.705.030] WALKWAYS SHALL EXTEND FROM THE GROUND FLOOR ENTRANCES OR FROM THE GROUND FLOOR LANDING OF STAIRS, ramps, or elevators of all commercial, institutional, and industrial uses, to the streets which provide the required access and egress. Walkways shall provide convenient connections between buildings in multi-building commercial, institutional, and industrial complexes. Unless impractical, walkways should be constructed between a new development and neighboring developments. ❑ SPECIAL SETBACKS (Refer to Code Chapter 18.7301 STREETS: feet from the centerline of D LOWER INTENSITY ZONES: feet, along the site's boundary. Z FLAG LOT: 10-FOOT SIDE YARD SETBACK. ' SPECIAL BUILDING HEIGHT PROVISIONS (Refer to Code Section 18.730.0101) BUILDING HEIGHT EXCEPTIONS - Buildings located in a non-residential zone may be built to a height of 75 feet provided that: - A maximum building floor area to site area ratio (FAR) of 1.5 to 1 will exist; All actual building setbacks will be at least half (1/2) of the building's height; and D The structure will not abut a residential zoned district. [l BUFFERING AND SCREENING (Refer to Code Chapter 18.7451 In order TO INCREASE PRIVACY AND TO EITHER REDUCE OR ELIMINATE ADVERSE NOISE OR VISUAL IMPACTS between adjacent developments, especially between different land uses, the City requires landscaped buffer areas along certain site perimeters. Required buffer areas are described by the Code in terms of width. Buffer areas must be occupied by a mixture of deciduous and evergreen trees and shrubs and must also achieve a balance between vertical and horizontal plantings. Site obscuring screens or fences may also be required; these are often advisable even if not required by the Code. The required buffer areas may only be occupied by vegetation, fences, utilities, and walkways. Additional information on required buffer area materials and sizes may be found in the Development Code. CITY OF TIGARD Pre-Application Conference Notes Page 2 of 9 NON-Residential Application/Planning Division Section The ESTIMATED REQUIRED BUFFER WIDTHS applicable to your proposal area are: feet along north boundary. 6 I 0 feet along east boundary. littkc■4 L' feet along south boundary. ( C feet along west boundary. IN ADDITION, SIGHT OBSCURING SCREENING IS REQUIRED ALONG: /'-'//• El LANDSCAPING (Refer to Code Chapters 18.745,18.765 and 18.705) (444 I'- ems-)7t) STREET TREES ARE REQUIRED FOR ALL DEVELOPMENTS FRONTING ON A PUBLIC OR PRIVATE STREET as well as driveways which are more than 100 feet in length. Street trees must be placed either within the public right-of-way or on private property within six (6) feet of the right-of- way boundary. Street trees must have a minimum caliper of at least two (2) inches when measured four (4) feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the branching width of the proposed tree species at maturity. Further information on regulations affecting street trees may be obtained from the Planning Division. A MINIMUM OF ONE (1) TREE FOR EVERY SEVEN (7) PARKING SPACES MUST BE PLANTED in and around all parking areas in order to provide a vegetative canopy effect. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. These design features may include the use of landscaped berms, decorative walls, and raised planters. For detailed information on design requirements for parking areas and accesses. ® RECYCLING (Refer to Code Chapter 18.7551 Applicant should CONTACT FRANCHISE HAULER FOR REVIEW AND APPROVAL OF SITE SERVICING COMPATIBILITY. Locating a trash/recycling 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. Lenny Hing is the contact person and can be reached at (503) 625-6177. V j PARKING (Refer to Code Section 18.765.040) r REQUIRED parking for this type of use: 2,1 gpi�5l/o006 9f (, Clool a/'eu Parking SHOWN on preliminary plan(s): SECONDARY USE REQUIRED parking: Parking SHOWN on preliminary plan(s): NO MORE THAN 50% OF REQUIRED SPACES MAY BE DESIGNATED AND/OR DIMENSIONED AS COMPACT SPACES. PARKING STALLS shall be dimensioned as follows: Standard parking space dimensions: 8 feet, 6 inches x 18 feet, 6 inches. ➢ Compact parking space dimensions: 7 feet, 6 inches x 16 feet, 6 inches. Note: Parking space width includes the width of a stripe that separates the parking space from an adjoining space. Note: A maximum of three (3)feet of the vehicle overhang area in front of a wheel stop or curb can be included as part of required parking space depth. This area cannot be included as landscaping for meeting the minimum percentage requirements. HA NDICAPPED PARKING: All parking areas shall PROVIDE APPROPRIATELY LOCATED AND DIMENSIONED DISABLED PERSON PARKING spaces. The minimum number of disabled person parking spaces to be provided, as well as the parking stall dimensions, are mandated by the Americans with Disabilities Act (ADA). A handout is available upon request. A handicapped parking space symbol shall be painted on the parking space surface and an appropriate sign shall be posted. BICYCLE RACKS ARE REQUIRED FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in convenient locations. G 0,9 SFe,i,y l,,cp0 c Ff I I LOADING AREA REQUIREMENTS (Refer to Code Section 18.765.080) Every COMMERCIAL OR INDUSTRIAL BUILDING IN EXCESS OF 10,000 SQUARE FEET shall be provided with a loading space. The space size and location shall be as approved by the City Engineer. CITY OF TIGARD Pre-Application Conference Notes Page 3 of 9 NON Residential Application/Planning Division Section BICYCLE RACKS (Refer to Code section 18.165) 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. R SENSITIVE LANDS (Refer to Code Chapter 18.115) The Code provides REGULATIONS FOR LANDS WHICH ARE POTENTIALLY UNSUITABLE FOR DEVELOPMENT DUE TO AREAS WITHIN THE 100-YEAR FLOODPLAIN, NATURAL DRAINAGEWAYS, WETLAND AREAS, ON SLOPES IN EXCESS OF 25 PERCENT, OR ON UNSTABLE GROUND. Staff will attempt to preliminary identify sensitive lands areas at the pre- application conference based on available information. HOWEVER, the responsibility to precisely identify sensitive land areas, and their boundaries, is the responsibility of the applicant. Areas meeting the definitions of sensitive lands must be clearly indicated on plans submitted with the development application. arc doo ,td-4r5 pr.,f ,fr, be- 4,11 Si.. ,4s,,e4. Chapter 18.775 also provides regulations for the use, protection, or modification of sensitive lands areas. RESIDENTIAL DEVELOPMENT IS PROHIBITED WITHIN FLOODPLAINS. STEEP SLOPES (Refer to Code Section 18.715.080.C) When STEEP SLOPES exist, prior to issuance of a final order, a geotechnical report must be submitted which addresses the approval standards of the Tigard Community Development Code Section 18.775.080.C. The report shall be based upon field exploration and investigation and shall include specific recommendations for achieving the requirements of Section 18.775.080.C. ❑ CLEANWATER SERVICES(CWS)BUFFER STANDARDS (Refer to R s 0 96-44/USA Regulations-Chapter 3) LAND DEVELOPMENT ADJACENT TO SENSITIVE AREAS shall preserve and maintain or create a vegetated corridor for a buffer wide enough to protect the water quality functioning of the sensitive area. Design Criteria: The VEGETATED CORRIDOR WIDTH is dependent on the sensitive area. The following table identifies the required widths: TABLE 3.1 VEGETATED CORRIDOR WIDTHS SOURCE: CWS DESIGN AND CONSTRUCTION STANDARDS MANUAL/RESOLUTION &ORDER 96-44 SENSITIVE AREA DEFINITION SLOPE ADJACENT WIDTH OF VEGETATED TO SENSITIVE AREA4 CORRIDOR PER SIDE 5 • Streams with intermittent flow draining: <25% 15 feet 10 to <50 acres >50 to <100 acres 25 feet • Existing or created wetlands <0.5 acre 25 feet • Existing or created wetlands >0.5 acre <25% 50 feet • Rivers, streams, and springs with year-round flow • Streams with intermittent flow draining >100 acres • Natural lakes and ponds • Streams with intermittent flow draining: >25% ► 10 to <50 acres 30 feet 1 >50 to <100 acres 50 feet • Existing or created wetlands >25% Variable from 50-200 feet. Measure • Rivers, streams, and springs with year-round flow in 25-foot increments from the starting • Streams with intermittent flow draining >100 acres point to the top of ravine (break in • Natural lakes and ponds <25%slope), add 35 feet past the top of ravine' 4Starting point for measurement = edge of the defined channel (bankful flow) for streams/rivers, delineated wetland boundary, delineated spring boundary, and/or average high water for lakes or ponds, whichever offers greatest resource protection. Intermittent springs, located a minimum of 15 feet within the river/stream or wetland vegetated corridor,shall not serve as a starting point for measurement. 5Vegetated corridor averaging or reduction is allowed only when the vegetated corridor is certified to be in a marginal or degraded condition. 6The vegetated corridor extends 35 feet from the top of the ravine and sets the outer boundary of the vegetated corridor. The 35 feet may be reduced to 15 feet,if a stamped geotechnical report confirms slope stability shall be maintained with the reduced setback from the top of ravine. CITY OF TIGARD Pre-Application Conference Notes Page 4 of 9 NON-Residential Application/Planning Division Section ' 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 provided for in the CWS Design and Construction Standards. Location of Vegetated Corridor: IN ANY RESIDENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCELS or lots intended for separate ownership, such as a subdivision, the vegetated corridor shall be contained in a separate tract, and shall not be a part of any parcel to be used for the construction of a dwelling unit. i CWS Service Provider Letter: 4. PRIOR TO SUBMITTAL of any land use applications, the applicant must obtain a CWS Service 7' Provider Letter which will outline the conditions necessary to comply with the R&O 96-44 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.CJ 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 where possible. THE TREE PLAN SHALL INCLUDE the following: D Identification of the location, size and species of all existing trees including trees designated as significant by the City; D Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.790.060.D according to the following standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: ?ey,sf,^ 0 Retainage of less than 25% of existing trees over 12 inches in caliper requires a mitigation Z+b in ry,«,,�� program according to Section 18.150.070.D. of no net loss of trees; 0 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; D Identification of all trees which are proposed to be removed; and D A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. • TREES REMOVED WITHIN THE PERIOD OF ONE (1) YEAR PRIOR TO A DEVELOPMENT APPLICATION LISTED ABOVE will be inventoried as part of the tree plan above and will be replaced according to Section 18.790.060.D. ft' MITIGATION (Refer to Code Section 18390.060.E.) REPLACEMENT OF A TREE shall take place according to the following guidelines: D. A replacement tree shall be a substantially similar species considering site characteristics. D 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. CITY OF TIGARD Pre-Application Conference Notes Page 5 of 9 NON Residential Application/Planning Division Section ➢ If a replacement tree of the size cut is not reasonably available on the local market or would not be viable, the Director shall require replacement with more than one tree in accordance with the following formula: + The number of replacement trees required shall be determined by dividing the estimated caliper size of the tree removed or damaged, by the caliper size of the largest reasonably available replacement trees. If this number of trees cannot be viably located on the subject property, the Director may require one (1) or more replacement trees to be planted on other property within the city, either public property or, with the consent of the owner, private property. ➢ The planting of a replacement tree shall take place in a manner reasonably calculated to allow growth to maturity. IN LIEU OF TREE REPLACEMENT under Subsection D of this section, a party may, with the consent of the Director, elect to compensate the City for its costs in performing such tree replacement. (] CLEAR VISION AREA (Refer to Code Chapter 18.795) The City requires that CLEAR VISION AREAS BE MAINTAINED BETWEEN THREE (3) AND EIGHT (8) FEET IN HEIGHT at road/driveway, road/railroad, and road/road intersections. The size of the required clear vision area depends upon the abutting street's functional classification and any existing obstructions within the clear vision area. A3° w' I I WATER RESOURCES OVERLAY DISTRICT (Refer to Code Section 18.797.0301 The WATER RESOURCES (WR) OVERLAY DISTRICT implements the policies of the Tigard Comprehensive Plan and is intended to resolve conflicts between development and conservation of significant wetlands, streams and riparian corridors identified in the City of Tigard Local Wetlands Inventory. Specifically, this chapter allows reasonable economic use of property while establishing clear and objective standards to: protect significant wetlands and streams; limit development in designated riparian corridors; maintain and enhance water quality; maximize flood storage capacity; preserve native plant cover; minimize streambank erosion; maintain and enhance fish and wildlife habitats; and conserve scenic, recreational and educational values of water resource areas. Safe Harbor: The WR OVERLAY DISTRICT ALSO MEETS THE REQUIREMENTS OF STATEWIDE PLANNING GOAL 5 (Natural Resources) and the "safe harbor" provisions of the Goal 5 administrative rule (OAR 660, Division 23). These provisions require that "significant" wetlands and riparian corridors be mapped and protected. The Tualatin River, which is also a "fish-bearing stream," has an average annual flow of more than 1000 cfs. Major Streams: Streams which are mapped as "FISH-BEARING STREAMS" by the Oregon Department of Forestry and have an average annual flow less than 1000 cubic feet per second (cfs). ➢ Major streams in Tigard include FANNO CREEK, ASH CREEK (EXCEPT THE NORTH FORK AND OTHER TRIBUTARY CREEKS) AND BALL CREEK. Minor Streams: Streams which are NOT "FISH-BEARING STREAMS" according to Oregon Department of Forestry maps . Minor streams in Tigard include Summer Creek, Derry Dell Creek, Red Rock Creek, North Fork of Ash Creek and certain short tributaries of the Tualatin River. Riparian Setback Area: This AREA IS MEASURED HORIZONTALLY FROM AND PARALLEL TO MAJOR STREAM OR TUALATIN RIVER TOP-OF-BANKS, OR THE EDGE OF AN ASSOCIATED WETLAND, whichever is greater. The riparian setback is the same as the "riparian corridor boundary" in OAR 660-23- 090(1)(d). ➢ The standard TUALATIN RIVER RIPARIAN SETBACK IS 75 FEET, unless modified in accordance with this chapter. ➢ The MAJOR STREAMS RIPARIAN SETBACK IS 50 FEET, unless modified in accordance with this chapter. CITY OF TIGARD Pre-Application Conference Notes Page 6 of 9 NON-Residential Application/Planning Division Section ' ➢. ISOLATED WETLANDS AND MINOR STREAMS (including adjacent wetlands) have no riparian setback; however, a 25-foot "water quality buffer' is required under Cleanwater Services (CWS) standards adopted and administered by the City of Tigard. RIPARIAN SETBACK REDUCTIONS (Refer to Code Section 18.797.100) The DIRECTOR MAY APPROVE A SITE-SPECIFIC REDUCTION OF THE TUALATIN RIVER OR ANY MAJOR STREAM RIPARIAN SETBACK BY AS MUCH AS 50% to allow the placement of structures or impervious surfaces otherwise prohibited by this chapter, provided that equal or better protection for identified major stream resources is ensured through streambank restoration and/or enhancement of riparian vegetation in preserved portions of the riparian setback area. Eligibility for Riparian Setback in Disturbed Areas. TO BE ELIGIBLE FOR A RIPARIAN SETBACK REDUCTION, the applicant must demonstrate that the riparian corridor was substantially disturbed at the time this regulation was adopted. This determination must be based on the Vegetation Study required by Section 18.797.100 that demonstrates all of the following: Y Native plant species currently cover less than 80% of the on-site riparian corridor area; `r The tree canopy currently covers less than 50% of the on-site riparian corridor and healthy trees have not been removed from the on-site riparian setback area for the last five years; ➢ That vegetation was not removed contrary to the provisions of Section 18.797.100 regulating removal of native plant species; That there will be no infringement into the 100-year floodplain; and The average slope of the riparian area is not greater than 20%. 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 2'/2 TIMES THE AVERAGE WIDTH, unless the parcel is less than 11/2 times the minimum lot size of the applicable zoning district. CODE CHAPTERS ` 18.330(Conditional Use) 18.620(Tigard Triangle Design v 18.765 (Off-Street Parking/Loading Standards) Requirements) 18.340(Directors Interpretation) 18.630(Washington Square Regional 18.775(Sensitive Lands Review) /-Center) 18.350(Planned Development) V 18.705(Access/Egress/Circulation) 18.780(Signs) V 18.360(Site Development Review) 18.710(Accessory Residential Units) 18.785(Temporary Use Permits) 18.370(Variances/Adjustments) 18.715(Density Computations) ✓ 18.790(Tree Removal) 18.380(Zoning Map/Text Amendments) 18.720(Design Compatibility Standards) 18.795(Visual Clearance Areas) 18.385(Miscellaneous Permits) 18.725(Environmental Performance 18.797 (Water Resources (WR) Overlay yz Standards) District) 18.390(Decision Making V 18.730(Exceptions To Development 18.798(Wireless Communication Facilities) Procedures/Impact Study) Standards) 18.410(Lot Line Adjustments) 18.740(Historic Overlay) 18.810 (Street & Utility Improvement Standards) 18.420(Land Partitions) / 18.742(Home Occupation Permits) 18.430(Subdivisions) V 18.745(Landscaping&Screening Standards) 18.510(Residential Zoning Districts) 18.750 (Manufactured/Mobil Home / Regulations) 'V 18.520(Commercial Zoning Districts) 18.755 (Mixed Solid Waste/Recycling Storage) 18.530(Industrial Zoning Districts) V 18.760(Nonconforming Situations) CITY OF TIGARD Pre-Application Conference Notes Page 7 of 9 NON-Residential Application/Planning Division Section ADDITIONAL CONCERNS OR COMMENTS: ` ctf1 1c4c c,#4411011 lay,yle. a411 Cy ITVfaI rs ne.cP_c4 • • —1-1,e, par 1,•,4 rer4iv1f4.•1Ln es24-Lede s ore )7r on l l�I/ L�.L uSSufrip iar! Dl.44 /P. rdrdi vl, - is daf etri_ I ll__i ALL h JIeMd-Y L f&1Tt / Q.viJ dOC4 ,I • w . �. L te. u ' 11. t 17llvs 4. _ 1' t s ass�/1Yn /V J a✓1 7 4 i t.c ',vim¢-. �f &000 y• l •Z eipu 114 ate ref' ro ,.. J "? 11 ,puce y. • t.014 -mo t 1-1 gµk4 f r 1 1 pro,∎ f c shout/rd b e. Lid d b y u h i •-FI 11- -avert, u.rG .�t a 4P-04111./t, 1 a•l AS f s Sacs Tui�..T %o k) oaf u. olt/iona.l rt 11,- Lowwer -e;rrt. P,,t wvk.ho i r4-y�.z rY„ h ��11 ll,►.1,h wJ: ` w e, ,�,.11 , h e p lau d • Glnw41,,. . p-I:Ltd-I Pam rehL I0.( fro c.oni I ct�,l y� n�IIc ,ti iEr�llc�s. li.r,Jjltidnu.l PPac r l c n la..d S L up Lrz�, !1°�vtt . S G G el n� F/�e✓ttt-✓La. 1 E f7/bics5) A s AL41 S 7441 i.1 `7re -ape /?444 • 1tt,✓e,wa.y Smell lot, 2.111 1I t/VI.vrn tw,L - W' Gvr�JS PROCEDURE h� Administrative Staff Review. Public hearing before the Land Use Hearings Officer. Public hearing before the Planning Commission. Public hearing before the Planning Commission with the Commission making a recommendation on the proposal to the City Council. An additional public hearing shall be held by the City Council. APPLICATION SUBMITTAL PROCESS All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the Community Development Department at Tigard City Hall offices. PLEASE NOTE: Applications submitted by mail or dropped off at the counter without Planning Division acceptance may be returned. The Planning counter closes at 4:00 PM. Maps submitted with an application shall be folded IN ADVANCE to 8.5 by 11 inches. One (1), 81/' x 11" map of a proposed project should be submitted for attachment to the staff report or administrative decision. Application with unfolded maps shall not be accepted. 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. CITY OF TIGARD Pre-Application Conference Notes Page 8 of 9 NON-Residential Application/Planning Division Section The administrative decision or public hearing will typically occur approximately 45 to 60 days after an application is accepted as being complete by the Planning Division. Applications involving difficult or protracted issues or requiring review by other jurisdictions may take additional time to review. Written recommendations from the Planning staff are issued seven (7) days prior to the public hearing. A 10-day public appeal period follorp all land use decisions. An appeal on this matter would be heard by the Tigard w O t . A basic flow chart which illustrates the review process is available from the Planning Division upon request. Land use applications requiring a public hearing must have notice posted on-site by the applicant no less than 10 days prior to the public hearing. This PRE-APPLICATION CONFERENCE AND THE NOTES OF THE CONFERENCE ARE INTENDED TO INFORM the prospective applicant of the primary Community Development Code requirements applicable to the potential development of a particular site and to allow the City staff and prospective applicant to discuss the opportunities and constraints affecting development of the site. BUILDING PERMITS PLANS FOR BUILDING AND OTHER RELATED PERMITS WILL NOT BE ACCEPTED FOR REVIEW UNTIL A LAND USE APPROVAL HAS BEEN ISSUED. Final inspection approvals by the Building Division will not be granted until there is compliance with all conditions of development approval. These pre-application notes do not include comments from the Building Division. For proposed buildings or modifications to existing buildings, it is recommended to contact a Building Division Plans Examiner to determine if there are building code issues that would prevent the structure from being constructed, as proposed. Additionally, with regard to Subdivisions and Minor Land Partitions where any structure to be demolished has system development charge (SDC) credits and the underlying parcel for that structure will be eliminated when the new plat is recorded, the City's policy is to apply those system development credits to the first building permit issued in the development (UNLESS OTHERWISE DIRECTED BY THE DEVELOPER AT THE TIME IN WHICH THE DEMOLITION PERMIT IS OBTAINED). PLEASE NOTE: The conference and notes cannot cover all Code requirements and aspects related to site planning that should apply to the development ment 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 thai 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: G ,. EZ` /tioR�4rJ 1Z�-LY CITY OF TIGARD PLANNING DI ISION - STAFF PERSON HOLDING PRE-APP. MEETING PHONE: (503) 639-4171 FAX: (503) 684-7297 E-MAIL:(staff's first name)@ci.tigard.or.us TITLE 18 (CITY OF TIGARD'S COMMUNITY DEVELOPMENT CODE) INTERNET ADDRESS: ci.tigard.or.us H:\patty\masters\Pre-App Notes Commercial.doc Updated: 18-Jan-2001 (Engineering section:preapp.eng) CITY OF TIGARD Pre-Application Conference Notes Page 9 of 9 NON-Residential Application/Planning Division Section CITY OF TIGARD LAND USE APPLICATION CHECKLIST Please read this form carefully in conjunction with the notes provided to you at the pre- application conference. This checklist identifies what is required for submittal of a complete land use application. Once an application is deemed complete by Community Development staff, a decision may be issued within 6-8 weeks. If you have additional questions after reviewing all of the information provided to you, please contact the staff person named below at the City of Tigard Planning Division, (503) 639-4171.M(�, Staff: Mori)ctiv1 1 cu. ,) Date: 9/19/0( 1. BASIC INFORMATION ALL LAND USE APPLICATIONS REQUIRE THE FOLLOWING: Completed Application Form with property owner's signature or name of agent and letter of authorization Title transfer instrument or grant deed Written summary of proposal • Narrative demonstrating compliance with all applicable development standards and approval criteria (as specified in the Pre-Application Conference notes) Two (2) sets of stamped, addressed #10 envelopes for all owners of property within 500 feet of the subject property. Mailing envelopes shall be standard legal-size (#10), addressed with 1" x 4" labels (see envelope submittal requirements). Property owner mailing lists must be prepared by the City for a minimal fee (see request for 500' property owner mailing list form). • Documentary evidence of neighborhood meeting (if required) Impact Study per Section 18.390.040.B.2.(e) = Copy of the Pre-Application Conference notes • Filing Fee 2. PLANS REQUIRED In addition to the above basic information, each type of land use application will require one or more of the following maps or plans. PLEASE SUBMIT EACH OF THE PLANS CHECKED BELOW WITH YOUR APPLICATION (Section 5 of this checklist provides details on what information to include on each plan): [if Vicinity Map Preliminary Grading/Erosion Control Plan • Existing Conditions Map ® Preliminary Utilities Plan ❑ Subdivision Preliminary Plat Map 0 Preliminary Storm Drainage Plan ❑ Preliminary Partition/Lot Line Adjustment Plan Er Tree Preservation/MitigationBV. 1 Site Development Plan © Architectural Drawings It",,P4.un>fv �✓,l� n0 Dr Landscape Plan L ' Sign Drawings aPe- p:°P°iGil ❑ Public Improvements/Streets Plan i Pit? 4. SPECIAL STUDIES AND REPORTS 9ecause of the nature of your project and/or the site you propose to develop, THE FOLLOWING ADDITIONAL STUDIES WILL BE REQUIRED. These studies must be prepared by certified professionals with experience in the appropriate field: le Local Streets Traffic Study ❑ Wetlands/Stream Corridor Delineation and Report ❑ Habitat Area Evaluation ❑ Geotechnical Report ❑ Geotechnical Report must address liquefaction potential and soil bearing capacity ❑ Other 5. PREPARING PLANS AND MAPS Plans and maps should be prepared at an engineering scale (1" = 10/20/50/100/200') and include a north arrow, legend and date. The same scale should be used for all your plans. Where possible the City prefers the use of a scale that allows a site plan or subdivision plat to be shown on a single sheet. Architectural drawings may be prepared at an architectural scale. One copy of each plan must be submitted in photo-ready 81/2 x 11 format. THE FOLLOWING IS A LIST OF REQUIRED INFORMATION FOR EACH TYPE OF PLAN (If the plans you submit do not include all of the information requested because you feel it is not applicable, please indicate this and provide a brief explanation). Vicinity Map Showing the location of the site in relation to: • Adjacent properties ❑ • Surrounding street system including nearby intersections ❑ • Pedestrian ways and bikeways ❑ • Transit stops ❑ • Utility access ❑ Existing Conditions Map Parcel boundaries, dimensions and gross area ❑ Contour lines (2' intervals for 0-10% slopes or 5'for slopes >10%) ❑ Drainage patterns and courses on the site and on adjacent lands ❑ Potential natural hazard areas including: • Floodplain areas ❑ • Areas having a high seasonal water table within 24" of the surface for three or more weeks of the year ❑ • Slopes in excess of 25% ❑ • Unstable ground ❑ • Areas with severe soil erosion potential ❑ • Areas having severely weak foundation soils ❑ • Locations of resource areas including: • Wildlife habitat areas identified in the Comprehensive Plan ❑ • Wetlands ❑ • Other site features: • Rock outcroppings ❑ • Trees with >_ 6" caliper measured 4' from ground level ❑ • Location and type of noise sources ❑ Locations of existing structures and their uses ❑ • Locations of existing utilities and easements ❑ Locations of existing dedicated right-of-ways ❑ City of Tigard Land Use Application Checklist Page 2 of 5 Subdivision Preliminary Plat Map The proposed n e of the subdivision LI Vicinity map owing property's relationship to arterial and collector streets ❑ Names, ad esses and telephone numbers of the owner, developer, engineer surveyor and designer(as applicable) ❑ • Scale, north -an El Boundary lines of tract to be sub .vided Names of adjacent subdivisions r names of recorded owners of adjoining parcels of un-subdivided land ❑ Contour lines related to a City stablished benchmark at 2' intervals for 0-10% grades and 5' intervals for grades greater than 10% El purpose, locatio ype and size of all of the following (within and adjacent to the proposed subdivision): • Public and private right-of-ways and easements ❑ • Public and private sanitary and storm sewer lines ❑ • Domestic water mains including fire hydrants El • Major p&wer telephone transmission lines (50,000 volts or greater) El • Watercourses ❑ • Deed reservations for parks pen spaces, pathways and other land encumbrances ❑ • The location of all tree ith a diameter 6 inches or greater measured at 4 feet above ground level El • The location of all uctures and the present uses of the structures, and a statement of which structures are to remain a er platting El Supplemental information including: • Proposed deed restrictions (if any) ❑ • A proposed plan forpromiOn of subdivision improvements ❑ Existing natu`r Matures includir$ rock outcroppings, wetlands and marsh areas The proposed lot configurations, lot sizes and dimensions, and lot numbers. Where lots are to be used for purposes other than resid ial, it shall be indicated upon such lots ❑ If any of the foregoing,' ormation cannot practicably be shown on the preliminary plat, it shall be incorporated into a narrative an4ubmitted with the application materials ❑ Preliminary Partition/Lot Line Adjustment Plan The owner of thez,s4ct parcel ❑ The owner's avtfiorized agent ❑ The map scale, north arrow and date ❑ Proposed propertylines ❑ Description of parcel location and boundaries ❑ Contour lines (2' interval .for slopes 0-10% or 5'for slopes >10%) ❑ Location, width and n es of streets, easements and other public ways within and adjacent to the parcel ❑ Location of all per vent buildings on and within 25' of all property lines ❑ Location and w' th of all water courses ❑ • Location of any trees with 6" or greater caliper at 4' above ground level ❑ All slope�reater than 25% El of existing and proposed utilities and utility easements El • Any appli -deed restrictions El Evidence that land partition will not preclude efficient future land division where applicable ❑ • Future street extension plan showing existing and potential street connections ❑ City of Tigard Land Use Application Checklist Page 3 of 5 Site Development Plan The proposed site and surrounding properties ❑ Contour line intervals ❑ The locations, dimensions and proposed names of the following: • Existing and platted streets and other public ways ❑ • Easements on the site and on adjoining properties ❑ • Proposed streets or other public ways and easements on the site ❑ • Alternative routes of dead-end or proposed streets that require future extensions ❑ _> The locations and dimensions of the following: • Entrances and exits on the site ❑ • Parking and circulation areas ❑ • Loading and service areas ❑ • Pedestrian and bicycle circulation ❑ • Outdoor common areas ❑ • Above ground utilities ❑ • Trash and recyclable material areas ❑ The locations, dimensions and setback distances of the following: • Existing permanent structures, improvements, utilities and easements which are located on the site and on adjacent property within 25' of the site ❑ • Proposed structures, improvements, utilities and easements on the site ❑ • Sanitary sewer facilities ❑ • Existing or proposed sewer reimbursement agreements ❑ • Storm drainage facilities and analysis of downstream conditions ❑ Locations and type(s)of outdoor lighting considering crime prevention techniques ❑ The locations of the following: • All areas to be landscaped ❑ • Mailboxes ❑ • Structures and their orientation ❑ Landscape Plan Location of trees to be removed ❑ Location, size and species of existing plant materials ❑ General location, size and species of proposed plan materials ❑ Landscape narrative that addresses: • Soil conditions and how plant selections were derived for them ❑ • Plans for soil treatment such as stockpiling the top soil ❑ • Erosion control measures that will be used ❑ Location and description of the irrigation system where applicable ❑ Location and size of fences, buffer areas and screening ❑ Location of terraces, decks, shelters, play areas, and common open spaces LI Public Improvements/Streets Plan > Proposed right-of-way locations and widths ❑ A scaled cross-section of all proposed streets plus any reserve strips ❑ Approximate centerline profiles showing the finished grade of all streets including street extensions for a reasonable distance beyond the limits of the proposed subdivision ❑ City of Tigard Land Use Application Checklist Page 4 of 5 Grading/Erosion Control Plan i> The locations and extent to which grading will take place ❑ Existing and proposed contour lines ❑ Slope ratios ❑ Utilities Plan Approximate plan and profiles of proposed sanitary and storm sewers with grades and pipe sizes indicated on the plans ❑ Plan of the proposed water distribution system, showing pipe sizes and the locations of valves and meter sizes ❑ Fire hydrants (existing and proposed) ❑ Proposed fire protection system ❑ Preliminary Storm Drainage Plan The location of all areas subject to inundation or storm water overflow ❑ Location, width and direction of flow of all water courses and drainageways ❑ Location and estimated size of proposed storm drainage lines ❑ Where applicable, location and estimated size and dimensions of proposed water quality/detention facility ❑ Tree Preservation/Mitigation Plan Identification of the location, size and species of all existing trees ❑ Program to save existing trees or mitigate tree removal (Section 18.790.030) El A protection program defining standards and methods to be used during and after construction ❑ Architectural Drawings Floor plans indicating the square footage of all structures and their proposed use ❑ Elevation drawings for each elevation of the structure ❑ Sign Drawings Specify proposed location, size and height ❑ is\;cu rpin\masters\revised\ch eckl ist.doc 18-Sep-01 City of Tigard Land Use Application Checklist Page 5 of 5 P E4PPLIOATI NOTES ENGINEERING E IION coy oo u nit Oregen Development Shaping, 11='HOittlr PUBLIC FACILITIES Tax Moots): 2S101AB Tax Lottsl: 1403 Use Type: Change use to Bus/Office The extent of necessary public improvements and dedications which shall be required of the applicant will be recommended by City staff and subject to approval by the appropriate authority. There will be no final recommendation to the decision making authority on behalf of the City staff until all concerned commenting agencies, City staff and the public have had an opportunity to review and comment on the application. The following comments are a projection of public improvement related requirements that may be required as a condition of development approval for your proposed project. Right-of-way dedication: The City of Tigard requires that land area be dedicated to the public: (1.) To increase abutting public rights-of-way to the ultimate functional street classification right-of-way width as specified by the Community Development Code; or (2.) For the creation of new streets. Approval of a development application for this site will require right-of-way dedication for: ® SW Hermoso Way to 30 feet from centerline. SW to feet SW to feet SW to feet Street improvements: ® Half street improvements will be necessary along SW Hermoso Way, to include: ® 18 feet of pavement from centerline to curb, in accordance with Tigard Triangle Design Standards (TTDS) • concrete curb ® storm sewers and other underground utilities ® 6-foot concrete sidewalk separated from curb by a planter strip. ® street trees in planter strip, spaced per TDC standards. CITY OF TIGARD Pre-Application Conference Notes Page 1 of 6 Engineering Department Section ❑ street signs, traff )ntrol devices, streetlights and a tin, 3ar streetlight fee. 1 Other: ❑ street improvements will be necessary along SW , to include: feet of pavement n concrete curb storm sewers and other underground utilities -foot concrete sidewalk street trees [ I street signs, traffic control devices, streetlights and a two-year streetlight fee. n Other: street improvements will be necessary along SW , to include: J feet of pavement concrete curb n storm sewers and other underground utilities ❑ -foot concrete sidewalk 1 I street trees street signs, traffic control devices, streetlights and a two-year streetlight fee. [ I Other: street improvements will be necessary along SW , to include: I 1 feet of pavement n concrete curb storm sewers and other underground utilities I- f -foot concrete sidewalk street trees I street signs, traffic control devices, streetlights and a two-year streetlight fee. Other: street improvements will be necessary along SW , to include: feet of pavement concrete curb storm sewers and other underground utilities CITY OF TIGARD Pre-Application Conference Notes Page 2 of 6 Engineering Department Section _ -foot conci sidewalk street trees 7 street signs, traffic control devices, streetlights and a two-year streetlight fee. Other: Agreement for Future Street Improvements: In some cases, where street improvements or other necessary public improvements are not currently practical, the improvements may be deferred. In such cases, a condition of development approval may be specified which requires the property owner(s) to execute a non-remonstrance agreement which waives the property owner's right to remonstrate against the formation of a local improvement district. The following street improvements may be eligible for such an agreement: (1.) (2.) Overhead Utility Lines: • M Section 18.810.120 of the Tigard Municipal Code (TMC) requires all overhead utility lines adjacent to a development to be placed underground or, at the election of the developer, a fee in-lieu of undergrounding can be paid. This requirement is valid even if the utility lines are on the opposite side of the street from the site. If the fee in-lieu is proposed, it is equal to $ 27.50 per lineal foot of street frontage that contains the overhead lines. There are existing overhead utility lines which run adjacent to this site along SW Hermoso Way. Prior to final inspection, the applicant shall either place these utilities underground, or pay the fee in-lieu described above. Sanitary Sewers: The nearest sanitary sewer line to this property is a(n) 8 inch line which is located in SW Hermoso Way. The proposed development must be connected to a public sanitary sewer. It is the developer's responsibility to connect the building to sewer, if not already connected. -T z -are- mfr c cr.1�iE� c--D -F EV�c-R _ t 5 AL' A I �r,,.,e-4k. ,s'zr -- ( lap ik L5) P F$-- 1 Water Supply: The Tualatin Valley Water District (TVWD) (Phone:(503) 624-1511) provides public water service in the area of this site. This service provider should be contacted for information regarding water supply for your proposed development. Fire Protection: Tualatin Valley Fire and Rescue District (South Division) [Contact: Eric McMullen, (503) 612-7010] provides fire protection services within the City of Tigard. The District should be contacted for CITY OF TIGARD Pre-Application Conference Notes Page 3 of 6 Engineering Department Section information regarding the .quacy of circulation systems, th ,eed for fire hydrants, or other • questions related to fire protection. Storm Sewer Improvements: All proposed development within the City shall be designed such that storm water runoff is conveyed to an approved public drainage system. The applicant will be required to submit a proposed storm drainage plan for the site, and may be required to prepare a sub-basin drainage analysis to ensure that the proposed system will accommodate runoff from upstream properties when fully developed. Onsite detention is required if the impervious area will increase over 5,000 sf. The applicant would need to provide preliminary sizing calculations for the proposed facility. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) (Resolution and Order No. 00-7) which requires the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. The resolution contains a provision that would allow an applicant to pay a fee in-lieu of constructing an on-site facility provided specific criteria are met. The City will use discretion in determining whether or not the fee in-lieu will be offered. If the fee is allowed, it will be based upon the amount of new impervious surfaces created; for every 2,640 square feet, or portion thereof, the fee shall be $210. Preliminary sizing calculations for any proposed water quality facility shall be submitted with the development application. It is anticipated that this project will require: Construction of an on-site water quality facility. I Payment of the fee in-lieu. A facility is required if the impervious area will be increased over 1,000 sf. Other Comments: All proposed sanitary sewer and storm drainage systems shall be designed such that City maintenance vehicles will have unobstructed access to critical manholes in the systems. Maintenance access roadways may be required if existing or proposed facilities are not otherwise readily accessible. 1) A traffic impact report is required. One aspect of that report will be to assess how much traffic this development will contribute to two key intersections: SW 72nd/Dartmouth and SW 68th/Dartmouth.. TRAFFIC IMPACT FEES In 1990, Washington County adopted a county-wide Traffic Impact Fee (TIF) ordinance. The Traffic Impact Fee program collects fees from new development based on the development's projected impact upon the City's transportation system. The applicant shall be required to pay a fee based upon CITY OF TIGARD Pre-Application Conference Notes Page 4 of 6 Engineering Department Section the number of trips which a Irojected to result from the propos, Jevelopment. The calculation of ' the TIF is based on the proposed use of the land, the size of the project, and a general use based fee category. The TIF shall be calculated at the time of building permit issuance. In limited circumstances, payment of the TIF may be allowed to be deferred until the issuance of an occupancy permit. Deferral of the payment until occupancy is permissible only when the TIF is greater than $5,000.00. Pay TIF. PERMITS Engineering Department Permits: Any work within a public right-of-way in the City of Tigard requires a permit from the Engineering Department. There are two types of permits issued by Engineering, as follows: Street Opening Permit (SOP). This permit covers relatively minor work in a public right-of-way or easement, such as sidewalk and driveway installation or repair, and service connections to main utility lines. This work may involve open trench work within the street. The permittee must submit a plan of the proposed work for review and approval. This type of permit requires a non-refundable $150.00 fee. In certain cases, where City costs may exceed the $150.00 fee, an administrative deposit will be required. In addition, the permittee will be required to post a bond or similar financial security for the work. Compliance Agreement (CAP). This permit covers more extensive work such as main utility line extensions, street improvements, etc. In subdivisions, this type of permit also covers all grading and private utility work. Plans prepared by a registered professional engineer must be submitted for review and approval. This type of permit requires a deposit to be submitted with the construction plans. The amount of the deposit depends upon the overall value of the public improvements. The City will track its costs throughout the life of the permit, and will either refund any remaining portion of the deposit, or invoice the permittee in cases where City costs exceeds the deposit amount. The permittee will also be required to post a performance bond, or other such suitable security, and execute a Developer/Engineer Agreement which will obligate the design engineer to perform the primary inspection of the public improvement construction work. Prior to City acceptance of any permitted work, and prior to release of work assurance bond(s), the work shall be deemed complete and satisfactory by the City in writing. The permittee is responsible for the work until such time written City acceptance of the work is posted. NOTE: If an Engineering Permit is required,the applicant must obtain that permit prior to release of any permits from the Building Division. Building Division Permits: CITY OFTIGARD Pre-Application Conference Notes Page 5 of 6 Engineering Ioportment Section The following is a brief ovE w of the type of permits issued b, a Building Division. For a more detailed explanation of these permits, please contact the Development Services Counter at 503-639-4171, ext. 304. Site Improvement Permit (SIT). This permit is generally issued for all new commercial, industrial and multi-family projects. This permit will also be required for land partitions where lot grading and private utility work is required. This permit covers all on-site preparation, grading and utility work. Home builders will also be required to obtain a SIT permit for grading work in cases where the lot they are working on has slopes in excess of 20% and foundation excavation material is not to be hauled from the site. Building Permit (BUP). This permit covers only the construction of the building and is issued after, or concurrently with, the SIT permit. Master Permit (MST). This permit is issued for all single and multi-family buildings. It covers all work necessary for building construction, including sub-trades (excludes grading, etc.). This permit can not be issued in a subdivision until the public improvements are substantially complete and a mylar copy of the recorded plat has been returned by the applicant to the City. For a land partition, the applicant must obtain an Engineering Permit, if required, and return a mylar copy of the recorded plat to the City prior to issuance of this permit. Other Permits. There are other special permits, such as mechanical, electrical and plumbing that may also be required. Contact the Development Services Counter for more information. GRADING PLAN REQUIREMENTS FOR SUBDIVISIONS All subdivision projects shall require a proposed grading plan prepared by the design engineer. The engineer will also be required to indicate which lots have natural slopes between 10% and 20%, as well as lots that have natural slopes in excess of 20%. This information will be necessary in determining if special grading inspections will be required when the lots develop. The design engineer will also be required to shade all structural fill areas on the construction plans. In addition, each homebuilder will be required to submit a specific site and floor plan for each lot. The site plan shall include topographical contours and indicate the elevations of the corners of the lot. The builder shall also indicate the proposed elevations at the four corners of the building. PREPARED BY: _ . — 9 12,�l ENGINEERING DEPARTMENT STAFF Phone: (5031 639-4171 Fax: (5031 684-7297 I\eng\brianr\templates\preap notes-eng dot Revised: April 21, 2000 CITY OF TIGARD Pre-Application Conference Motes Page 6 016 Englnsering Department Section Pre-Apps (CD Meetings) September 2001 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Thursday, September 20, 2001 30 8:00 8:30 9:00 Pre-app Michael Shadoan 503.636.1203 10932 SW Gaarde/MF 9:30 10:00 Pre-App Greggory Colwell 503.417.7942 7435 SW Hermosa SDR 10:30 11:00 Pre•app 11:30 12:00 12:30 1:00 1:30 2:00 2:30 3:00 3:30 4:00 4:30 5:00 5:30 6:00 1:19PM Tuesday, September 11, 2001 Receipt #: 27200100000000003707 Date: 09/1112001 T I D E M A R K COMPUTER SYSTEMS, INC Line Items: Case No Tran Code Description Revenue Account No. Amount Due PRE2001-00066 [LANDUS]PreApp Conf 100-0000-438000 $240.00 Payments: Method Payer Bank No Acct Check No Confirm No. Amount Paid Check GREGGORY W COLWELL 0 1238 $240.00 TOTAL AMOUNT PAID: $240.00 ADDITIONAL DOCUMENTS EXHIBIT NOTICE TO MORTGAGEE, LIENHOLDER,VENDOR OR SELLER: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE,IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. NOTICE OF PENDING LAND USE APPLICATION OCCUPATION PERMIT CITY OF TIGARD Community rDeveropment Shaping A Better Community DATE OF NOTICE: April 29, 2002 FILE NUMBER: HOME OCCUPATION PERMIT (HOP) 2002-00043 FILE NAME: COLWELL HOME OCCUPATION PROPOSAL The applicant requests approval for a Type II Home Occupation permit to allow a Biotechnology design, analysis, and consulting service. The applicant has indicated that there will be no customers visiting the site, but that one full time employee will utilize the home occupation. The applicant has proposed that the hours of operation will be between 9 AM to 6:30 PM Monday through Friday. ZONE: MUE: Mixed-Use Employment. The MUE zoning district is designed to apply to a majority of the land within the Tigard Triangle, a regional mixed-use employment district bounded by Pacific Highway (Hwy. 99), Highway 217 and 1-5. This zoning district permits a wide range of uses including major retail goods and services, business/professional offices, civic uses and housing; the latter includes multi-family housing at a maximum density of 25 units/acre, equivalent to the R-25 zoning district. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.385, 18.390, 18.520 and 18.742. LOCATION: 7435 SW Hermoso Way; WCTM 2S101AB, Tax Lot 1403. YOUR RIGHT TO PROVIDE WRITTEN COMMENTS: Prior to the City making any decision on the Application, you are hereby provided a fourteen (14) day period to submit written comments on the application to the City. THE FOURTEEN (14) DAY PERIOD ENDS AT 5:00 PM ON MAY 13, 2002. All comments should be directed to MORGAN TRACY in the Planning Division at the City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223. You may reach the City of Tigard by telephone at (503) 639-4171. ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION-MAKING PROCESS THE CITY OF TIGARD APPRECIATES RECEIVING COMMENTS AND VALUES YOUR INPUT. COMMENTS WILL BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION. A DECISION ON THIS ISSUE IS TENTATIVELY SCHEDULED FOR JUNE 10, 2002. IF YOU PROVIDE COMMENTS, YOU WILL BE SENT A COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED. WRITTEN COMMENTS WILL BECOME A PART OF THE PERMANENT PUBLIC RECORD AND SHALL CONTAIN THE FOLLOWING INFORMATION: ♦ Address the specific "Applicable Review Criteria" described in the section above or any other criteria believed to be applicable to this proposal; ♦ Raise any issues and/or concerns believed to be important with sufficient evidence to allow the City to provide a response; ♦ Comments that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant approval criteria with sufficient specificity on that issue. Failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Specific findings directed at the relevant approval criteria are what constitute relevant evidence. AFTER THE 14-DAY COMMENT PERIOD CLOSES, THE DIRECTOR SHALL ISSUE A TYPE II ADMINISTRATIVE DECISION. THE DIRECTOR'S DECISION SHALL BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN 500 FEET OF THE SUBJECT SITE, AND TO ANYONE ELSE WHO SUBMITTED WRITTEN COMMENTS OR WHO IS OTHERWISE ENTITLED TO NOTICE. THE DIRECTOR'S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA. BASED UPON THE CRITERIA AND THE FACTS CONTAINED WITHIN THE RECORD, THE DIRECTOR SHALL APPROVE, APPROVE WITH CONDITIONS OR DENY THE REQUESTED PERMIT OR ACTION. SUMMARY OF THE DECISION-MAKING PROCESS: ♦ The application is accepted by the City. ♦ Notice is sent to property owners of record within 500 feet of the proposed development area allowing a 14-day written comment period. ♦ The application is reviewed by City Staff and affected agencies. ♦ City Staff issues a written decision. ♦ Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site; all owners of record of property located within 500 feet of the site, as shown on the most recent property tax assessment roll; any City-recognized neighborhood group whose boundaries include the site; and any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or anyone who is otherwise entitled to such notice. INFORMATION/EVIDENCE AVAILABLE FOR REVIEW: The application, written comments and supporting documents relied upon by the Director to make this decision are contained within the record and are available for public review at the City of Tigard Community Development Department. Copies of these items may be obtained at a cost of $.25 per page or the current rate charged for this service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of this Notice under the section titled "Your Right to Provide Written Comments." CITY of TIGARD NNWVICINITY MAP I I HOP 2002-00043 • �. COLWELL HERMO • HOME OCCUPATION EVELAND •... REVELANQ ST A GONZAGA ST - f I •.4.29. 02.• 20 .C'm QCMMAGICO3.9PF NOTICE OF TYPE II DECISION HOME OCCUPATION PERMIT (HOP) 2002-00043 14"1.L. CITY OF TIGARD COLWELL HOME OCCUPATION Community Development Shaping <TBetterCommunity 120 DAYS = 8/27/2002 SECTION I. APPLICATION SUMMARY FILE NAME: COLWELL HOME OCCUPATION FILE NO.: Home Occupation Permit (HOP) HOP2002-00043 APPLICANT: Gregory Colwell OWNER: Same 7435 SW Hermoso Way Tigard, OR 97223 PROPOSAL: The applicant requests approval for a Type II Home Occupation permit to allow a Biotechnology design, analysis, and consulting service. The applicant has not proposed that any customers will visit the site, but that there will be one non-resident employee. The applicant has proposed that the hours of operation will be between 9 AM to 6:30 PM Monday through Friday. COMPREHENSIVE PLAN DESIGNATION: Mixed Use Employment. ZONING DESIGNATION: MUE. The MUE zoning district is designed to apply to a majority of the land within the Tigard Triangle, a regional mixed-use employment district bounded by Pacific Highway (Hwy. 99), Highway 217 and 1-5. This zoning district permits a wide range of uses including major retail goods and services, business/professional offices, civic uses and housing; the latter includes multi- family housing at a maximum density of 25 units/acre, equivalent to the R-25 zoning district. A wide range of uses, including but not limited to community recreation facilities, religious institutions, medical centers, schools, utilities and transit-related park-and-ride lots, are permitted conditionally. LOCATION: 7435 SW Hermoso Way; WCTM 2S101AB, Tax Lot 1403. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.385, 18.390, 18.510 and 18.742. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted in the full decision, available at City Hall. All documents and applicable criteria in the above-noted file are available for inspection at no cost or copies can be obtained for twenty-five cents (25 ) per page, or the current rate charged for copies at the time of the request. SECTION III. PROCEDURE AND APPEAL INFORMATION Notice: Notice mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON JUNE 7, 2002 AND BECOMES EFFECTIVE ON JUNE 22, 2002 UNLESS AN APPEAL IS FILED. Appeaal: The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1 may appeal this decision in accordance with Section 18.390.040.G.2 of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON JUNE 21, 2002. Questions: For further information please contact the Planning Division Staff Planner, Morgan Tracy at (503) 639-4171, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. CITY of TIGARD VICINITY MAP pi I I I HOP 2002-00043 Aim COLW ELL HERMOSO A HOME OCCUPATION BEVELgNp 111111111111W `.Q O .. 1 I a GONZAGA ST I - � :Mr m,Z072;NwpcVMGCO]c➢ • After recording, return to: City of Tigard — Records Division 13125 SW Hall Blvd. Tigard, OR 97223 RESTRICTIVE COVENANT (FUTURE STREET IMPROVEMENTS) THIS AGREEMENT is entered into this 1I -11-1"- day of , 2002, by the City of Tigard, a Municipal Corporation of Washington County, Oregon, ("CITY"), and Greg Colwell , ("OWNER"). RECITALS WHEREAS OWNER is the Owner of record of Property covered by this Agreement as shown in Section 1 below, and WHEREAS OWNER has received approval of a development on the Property from the CITY, as set forth in HOP 2002-00043 dated June 22, 2002, and WHEREAS Chapter 18.810 of the TMC (Tigard Municipal Code) contains certain conditions applicable to street improvements, and issuance of permits is conditioned on OWNER'S compliance with the TMC, and WHEREAS OWNER wishes to mitigate the impacts of the proposed development, and WHEREAS parties wish to fulfill the requirements of Chapter 18.810. IN CONSIDERATION of the mutual promises, covenants and undertakings, and the issuance of a building permit in advance of OWNER constructing improvements required by the TMC, the parties agree as follows: Section 1: The real property subject to this Agreement is described as follows: Lot 6, Hermoso Park, Book 16, Page 48, Washington County, Oregon. This Agreement shall bind the OWNER but shall not be binding to successors in interest or assigns. Section 2: The improvements covered by this Agreement are as follows: SW Hermoso Way fronting the property listed in Section 1 Half-street improvement to meet City standards for a local street in the Tigard Triangle. Restrictive Covenant (Future Street Improvements) Page 1 of 4 Revision date 1/1101 Section 3: This Agreement shall be in full force and effect from the date of its execution until the improvements referred to in Section 2 are constructed in accordance with CITY standards in effect at the time of construction. Section 4: CITY agrees that the improvements listed in Section 2 will only be required as a result of any one of the following events: (1) when the improvements are part of a larger project to be financed or paid for by the formation of a Local Improvement District, (2) when the improvements are part of a larger public project to be financed or paid for in whole or in part by CITY or other public agency, (3) when the improvements are part of a larger project to be constructed by a third party and involves the sharing of design and/or construction expenses by the third party owner(s) of property in addition to the property described in Section 1, or (4) when construction of the improvements are deemed to be appropriate by the City Engineer in conjunction with construction of improvements by others adjacent to the improvements described in Section 2. In addition to this Agreement, OWNER'S obligation to share design and/or construction expenses may arise by application of the Reimbursement District Ordinance; Chapter 13.09, TMC, or any similar ordinance or law providing a process whereby such expenses are distributed among benefited properties. Section 5: OWNER agrees to sign any and all waivers, petitions, consents and all other documents necessary to obtain the above listed applicable improvements under any improvement act or proceeding of the State of Oregon, Washington County, or the CITY as may be proposed or adopted and to waive all right to remonstrate against the improvements listed in Section 2 above, submitted either alone or in conjunction with other improvements described in Section 4, as may be proposed. OWNER agrees that in lieu of any other document, CITY may treat this Agreement as a waiver of remonstrance on behalf of the property described in Section 1 against formation of such a Local Improvement District. OWNER covenants and agrees that the improvements described in Section 2 will specially benefit OWNER'S property as described in Section 1. Section 6: If CITY decides to form a Local Improvement District as a mechanism for the installation of improvements listed in Section 2, then OWNER shall retain the right to protest only the amount or the manner of spreading the assessment, but not the formation of such district. Section 7: CITY acknowledges that OWNER'S execution and performance of the terms of this Agreement constitutes compliance with the requirements of TMC Chapter 18.810. Section 8: OWNER agrees that if CITY causes the improvements listed in Section 2 to be constructed, or part of such improvements without regard to the source of funds for such project, but not as part of a Local Improvement District, then CITY will charge to OWNER and OWNER will promptly pay OWNER'S share of the cost of such improvements. OWNER'S share will be determined by CITY in a manner similar to spreading the cost of a public improvement to specially benefited properties. The parties intend OWNER to share in the cost of improvements even though actual construction is undertaken and performed by some third party, so long as the improvements, listed in Section 2, are included within the project. Restrictive Covenant (Future Street Improvements) Page 2 of 4 Revision date: 1/1/01 (1) Except as otherwise provided in subsection (2) of this section, prior to construction of such improvements under this section, OWNER shall be provided not less than six (6) months written notice by first class mail that the project will be built. The notice shall advise OWNER that OWNER will share in the cost of such improvements and provide OWNER with an estimate of the total project cost as well as an estimate of OWNER'S share of the costs. Failure to provide this "six month" notice in advance of construction shall not nullify OWNER'S obligation to pay, but shall only extend the payment due date by the amount of time less than six months that notice was given, but not more than six months. Upon completion of improvements pursuant to this Section, CITY shall provide written notice to OWNER of OWNER'S share of the actual cost of the improvements and OWNER shall pay OWNER'S share within sixty (60) days. If OWNER's share of the cost of the improvements is $10,000 or more, the owner may elect to pay the City in 10 equal annual installments, with the first installment due within 60 days of the notice. The installment option shall be available only if the OWNER provides written notice and the first payment within 60 days of the notice. If the installment option is chosen, the unpaid amounts shall bear interest at the then legal rate of interest. Interest on overdue payments shall bear interest at the rate of one and one-half (1 1,4%) per month from the date the payment is due until paid. (2) Where the improvements listed in Section 2 are constructed by a third party, who seeks reimbursement in accordance with the Reimbursement District Ordinance, Chapter 13.09, TMC, or a similar ordinance, then the terms and procedures of the ordinances shall apply in lieu of the provisions in subsection (1) of this section. Section 9: At any time prior to the events listed in Section 4, OWNER may pay to the CITY an amount determined by the CITY to be OWNER's share of the anticipated cost of the future improvements. Payment under this section shall discharge all of OWNER's obligations under this Agreement. City shall use the funds received under this section solely to pay for the costs of the improvements. Section 10: CITY and OWNER intend that all terms of this Agreement shall be covenants, conditions, and restrictions running with the title to the property covered by this Agreement and shall be construed to be a benefit and a burden upon the property described in Section 1. The parties agree the CITY may, for purposes of recovering the cost of improvements described in Section 2, levy an assessment against the property, described in Section 1, and may enforce payment of such assessment in the manner provided in ORS Chapter 223 or the general laws of the State of Oregon. Section 11: Promptly after its execution by the parties, this Agreement shall be recorded in the records of Washington County to provide public notice and especially notice to future owners of property, described in Section 1 of the conditions, covenants and restrictions against the title to the property imposed by this Agreement. Section 12: CITY may enforce the terms of this Agreement in any court of competent jurisdiction. In addition to any other legal remedies, OWNER'S failure or refusal to comply with this Agreement shall constitute a violation of the TMC and the rights, remedies, and penalties provided in the TMC may also be enforced. Restrictive Covenant (Future Street Improvements) Page 3 of 4 Revision date. 1!1/01 Section 13: If suit or action is instituted to enforce a right guaranteed in this agreement, the prevailing party shall be entitled to, in addition to the statutory costs and disbursements, a reasonable attorney's fee to be fixed by the trial and appellate courts respectively. Section 14: The parties agree that if any term of provision of this agreement is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, so long as this agreement continues to reflect the intent of the parties. The parties shall negotiate an equitable adjustment of this agreement so that the purposes of this agreement are effected. OW (S): ./L W C& - -- Signature L� Signature GP E&&oRy (A). COL 1,0t I4— Name (Print or Type) Name (Print or Type) Title (Print or Type) Title (Print or Type) Acknowledgment of OWNER'S signature(s) must be notarized. Where the OWNER is a corporation, it has caused its name to be signed by resolution or official approval of its board of directors. STATE OF OREGON ) County of jaiv.wXi-it-i) a On this �� da j-- 18 before me a Notary Public, personally appeared and cknowledged that the foregoing instrume o be their voluntary act and deed. Before nie:/ Q/r�J lL 2.76 4,uc Notary Public for Oregon f r., OFFICIAL SEAL /y j} .:^ LAMA U LIC ORE R M commission •ex ires: ///,.?_/(/h1 !�* • NOTARY PUBLIC-OREGON My P \`�-, , COMMISSION NO.348204 MY COMMON DORES SEPTEMBER 12,2005 ?002 Accepted on behalf of the City of Tigard this l i day of i�l T Q P- a City Engineer NO CHANGE IN TAX STATEMENT document3 Restrictive Covenant (Future Street Improvements) Page 4 of 4 Revision date 1/1/01 COLLO i ,CCU P o'J. : 1 “u , e S . • . 5- IC + • I Le._ 5p + o pr ke 11 1us . i : s - , l : CEI D 1 ITY OF T AR" \ ► , PI_,4 ING/E e.INE FAIN i 4 I , .--- ' tr• , . .._ k----„..„ ,,. ,.E o T - 1 0 4' . 0 e)66.t 0 , \P w Oro iwiy6 101a104 m z 9 o 6 Z lemstkup56 at .-/--f -... , ,,,e,.._ _l'; 6" ft.)` r er/Vt,, 50 C3 5 _A- o 1/ Or! i k . D' 141,‘") 0 lig !ct i yr,/-- . Yr _ Orr . t iii Ill Iwo/4 1 , , 7bwuzThiRS 111N 111 • IN , . . II_ __ . ma - a ill um _._ , m mom I b la , , salsonr _ min i NEN sommEmsma. - inimomommin 0 , _ . morirgerme 1111:11.0.1. Emil pm.....p • .11Iff'" 1111111111111111L.11 I'm IMMI11111111 ME" Mr911111111111111111 MUM BWOMINIIIIMIIIIIIIIII EZNIIIIIIIIIMINIMININI ....orgum... iminr MIN MN •• 1. IIIIIIIIII ME III .. _ .4,4 NM WHINIIMI • Mill Malialliall • 111111 1.1111111111111 • Was.„ttgton County,Oregon 2002.109660 09/20/2002 10:17:29 AM D•IRUL Cnt=1 Stn=10 K SCHWAB After recording, return to: $20.00$6.00$11.00 -Totalo$37.00 City of Tigard — Records Division 13125 SW Hall Blvd. 11111 II I 111111111 1111 1111 Tigard, OR 97223 00167407200201096600040046 I,Jerry Hanson,Director of A mint and Taxation � and Ex-Officio County Clark for Washington County, . 2O do hereby certify that the within Instrument of writing • ''�' was received and recorded in the bo k of record,of [444', said county. yr� ,.',. Jerry R.Hanson,Director mint and Taxation Ex-Officio County Clerk RESTRICTIVE COVENANT (FUTURE STREET IMPROVEMENTS) THIS AGREEMENT is entered into this i l 12-'-t- day of Jul`] , 2002, by the City of Tigard, a Municipal Corporation of Washington County, Oregon, ("CITY"), and Greg Colwell , ("OWNER"). RECITALS WHEREAS OWNER is the Owner of record of Property covered by this Agreement as shown in Section 1 below, and WHEREAS OWNER has received approval of a development on the Property from the CITY, as set forth in HOP 2002-00043 dated June 22, 2002, and WHEREAS Chapter 18.810 of the TMC (Tigard Municipal Code) contains certain conditions applicable to street improvements, and issuance of permits is conditioned on OWNER'S compliance with the TMC, and WHEREAS OWNER wishes to mitigate the impacts of the proposed development, and WHEREAS parties wish to fulfill the requirements of Chapter 18.810. IN CONSIDERATION of the mutual promises, covenants and undertakings, and the issuance of a building permit in advance of OWNER constructing improvements required by the TMC, the parties agree as follows: Section 1: The real property subject to this Agreement is described as follows: Lot 6, Hermoso Park, Book 16, Page 48, Washington County, Oregon. This Agreement shall bind the OWNER but shall not be binding to successors in interest or assigns. Section 2: The improvements covered by this Agreement are as follows: SW Hermoso Way fronting the property listed in Section 1 Half-street improvement to meet City standards for a local street in the Tigard Triangle. Restrictive Covenant (Future Street Improvements) Page 1 of 4 Revis,ondate 1(1101 11 11111111 2002-109660 Section 3: This Agreement shall be in full force and effect from the date of its execution until the improvements referred to in Section 2 are constructed in accordance with CITY standards in effect at the time of construction. Section 4: CITY agrees that the improvements listed in Section 2 will only be required as a result of any one of the following events: (1) when the improvements are part of a larger project to be financed or paid for by the formation of a Local Improvement District, (2) when the improvements are part of a larger public project to be financed or paid for in whole or in part by CITY or other public agency, (3) when the improvements are part of a larger project to be constructed by a third party and involves the sharing of design and/or construction expenses by the third party owner(s) of property in addition to the property described in Section 1, or (4) when construction of the improvements are deemed to be appropriate by the City Engineer in conjunction with construction of improvements by others adjacent to the improvements described in Section 2. In addition to this Agreement, OWNER'S obligation to share design and/or construction expenses may arise by application of the Reimbursement District Ordinance; Chapter 13.09, TMC, or any similar ordinance or law providing a process whereby such expenses are distributed among benefited properties. Section 5: OWNER agrees to sign any and all waivers, petitions, consents and all other documents necessary to obtain the above listed applicable improvements under any improvement act or proceeding of the State of Oregon, Washington County, or the CITY as may be proposed or adopted and to waive all right to remonstrate against the improvements listed in Section 2 above, submitted either alone or in conjunction with other improvements described in Section 4, as may be proposed. OWNER agrees that in lieu of any other document, CITY may treat this Agreement as a waiver of remonstrance on behalf of the property described in Section 1 against formation of such a Local Improvement District. OWNER covenants and agrees that the improvements described in Section 2 will specially benefit OWNER'S property as described in Section 1. Section 6: If CITY decides to form a Local Improvement District as a mechanism for the installation of improvements listed in Section 2, then OWNER shall retain the right to protest only the amount or the manner of spreading the assessment, but not the formation of such district. Section 7: CITY acknowledges that OWNER'S execution and performance of the terms of this Agreement constitutes compliance with the requirements of TMC Chapter 18.810. Section 8: OWNER agrees that if CITY causes the improvements listed in Section 2 to be constructed, or part of such improvements without regard to the source of funds for such project, but not as part of a Local Improvement District, then CITY will charge to OWNER and OWNER will promptly pay OWNER'S share of the cost of such improvements. OWNER'S share will be determined by CITY in a manner similar to spreading the cost of a public improvement to specially benefited properties. The parties intend OWNER to share in the cost of improvements even though actual construction is undertaken and performed by some third party, so long as the improvements, listed in Section 2, are included within the project. Restrictive Covenant (Future Street Improvements) Page 2 of 4 Revision dale. 1/1101 L II IIIIIi1111 II 200 2-109660 (1) Except as otherwise provided in subsection (2) of this section, prior to construction of such improvements under this section, OWNER shall be provided not less than six (6) months written notice by first class mail that the project will be built. The notice shall advise OWNER that OWNER will share in the cost of such improvements and provide OWNER with an estimate of the total project cost as well as an estimate of OWNER'S share of the costs. Failure to provide this "six month" notice in advance of construction shall not nullify OWNER'S obligation to pay, but shall only extend the payment due date by the amount of time less than six months that notice was given, but not more than six months. Upon completion of improvements pursuant to this Section, CITY shall provide written notice to OWNER of OWNER'S share of the actual cost of the improvements and OWNER shall pay OWNER'S share within sixty (60) days. If OWNER's share of the cost of the improvements is $10,000 or more, the owner may elect to pay the City in 10 equal annual installments, with the first installment due within 60 days of the notice. The installment option shall be available only if the OWNER provides written notice and the first payment within 60 days of the notice. If the installment option is chosen, the unpaid amounts shall bear interest at the then legal rate of interest. Interest on overdue payments shall bear interest at the rate of one and one-half(1 '/2%) per month from the date the payment is due until paid. (2) Where the improvements listed in Section 2 are constructed by a third party, who seeks reimbursement in accordance with the Reimbursement District Ordinance, Chapter 13.09, TMC, or a similar ordinance, then the terms and procedures of the ordinances shall apply in lieu of the provisions in subsection (1) of this section. Section 9: At any time prior to the events listed in Section 4, OWNER may pay to the CITY an amount determined by the CITY to be OWNER's share of the anticipated cost of the future improvements. Payment under this section shall discharge all of OWNER's obligations under this Agreement. City shall use the funds received under this section solely to pay for the costs of the improvements. Section 10: CITY and OWNER intend that all terms of this Agreement shall be covenants, conditions, and restrictions running with the title to the property covered by this Agreement and shall be construed to be a benefit and a burden upon the property described in Section 1. The parties agree the CITY may, for purposes of recovering the cost of improvements described in Section 2, levy an assessment against the property, described in Section 1, and may enforce payment of such assessment in the manner provided in ORS Chapter 223 or the general laws of the State of Oregon. Section 11: Promptly after its execution by the parties, this Agreement shall be recorded in the records of Washington County to provide public notice and especially notice to future owners of property, described in Section 1 of the conditions, covenants and restrictions against the title to the property imposed by this Agreement. Section 12: CITY may enforce the terms of this Agreement in any court of competent jurisdiction. In addition to any other legal remedies, OWNER'S failure or refusal to comply with this Agreement shall constitute a violation of the TMC and the rights, remedies, and penalties provided in the TMC may also be enforced. Restrictive Covenant(Future Street Improvements) Page 3 of 4 Revision dale: 1/1/01 '111 III IIIIIIIIIIIil II �I 2002-109660 Section 13: If suit or action is instituted to enforce a right guaranteed in this agreement, the prevailing party shall be entitled to, in addition to the statutory costs and disbursements, a reasonable attorney's fee to be fixed by the trial and appellate courts respectively. Section 14: The parties agree that if any term of provision of this agreement is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, so long as this agreement continues to reflect the intent of the parties. The parties shall negotiate an equitable adjustment of this agreement so that the purposes of this agreement are effected. OW (S): 4 W • L gn S ature2/� Signature GP E&&oR/ LJ, CoLwe 1-1— Name (Print or Type) Name (Print or Type) ow - - Title (Print or Type) Title (Print or Type) Acknowledgment of OWNER'S signature(s) must be notarized. Where the OWNER is a corporation, it has caused its name to be signed by resolution or official approval of its board of directors. STATE OF OREGON ) County of/r},�'�: i1 LL> — On this /7 da ✓ , 1.8- , before me a Notary Public, personally appeared and cknowledged that the foregoing instrume o be their voluntary act and deed. Before rr( A,7641 Notary Public for Oregon 4,,., OFFICIAL SEAL t.. LANA KAMERER ` NOTARY PUBLIC-OREGON My commission expires: 9/47—/UJ--- COMMISSION NO.348204 MY COMPASSION CORES S8'TEM8ER 12,2005 tk aooz. Accepted on behalf of the City of Tigard this I 1 day of —1-') ,_1-9-'—.- QP- Q,r.�,. City Engineer NO CHANGE IN TAX STATEMENT document3 Restrictive Covenant (Future Street Improvements) Page 4 of 4 Reviswn date. 1/1/01