Hearings Officer Packet - 05/10/2010BEFORE THE LAND USE HEARINGS OFFICER
FOR THE CITY OF TIGARD, OREGON
Regarding an application by Steve Bloomquist for a ) FINAL ORDER
conditional use permit and special adjustment to operate ) CUP2009- 00003/
a Residential Care Facility in an existing residence ) VAR2009 -00021
at 12550 SW 134 Avenue in the City of Tigard, Oregon ) (Wilde Care Facility)
A. SUMMARY
1. Steve Bloomquist filed the application on behalf of Danielle Wilde (the
"applicant "). The applicant currently operates a five -bed Adult Foster Care Facility at
12550 SW 134 Avenue; also known as tax lot 02700 WCTM 2S104AC (the "site "). With
this application, the applicant requests approval of a conditional use permit to expand the
facility to an eight bed Residential Care Facility. The applicant also requests an
adjustment to reduce the number of required on -site parking spaces from four to three.
Additional basic facts about the site and surrounding land and applicable approval
standards are provided in the Staff Report to the Hearings Officer dated April 30, 2010
(the " Staff Report"), incorporated herein by reference.
2. Tigard Hearings Officer Joe Turner (the "hearings officer ") conducted a duly
noticed public hearing to receive testimony and evidence in the matter. At the public
hearing, City staff recommended conditional approval of the application. Representatives
of the applicant testified in support of the application. Two persons testified in opposition
to the application. Disputed issue in this case include:
a. Whether the proposed Residential Care Facility is allowed in the R -25
zone;
b. Whether "The site size and dimensions provide adequate area for the
needs of the proposed use." TMC 18.330.030.A.1;
c. Whether the proposed facility will impact adjacent properties due to
increased traffic volume, parking demand, reducing the safety of the neighborhood and
requests for assistance from neighbors;
d. Whether the proposed facility will impact the value of surrounding
properties and whether such impacts are relevant to the applicable approval criteria:
e. Whether the hearings officer has authority to impose conditions of
approval limiting the scope, scale and operation of the facility;
f. Whether future owners of the facility will be bound by the conditions of
approval;
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g. Whether and how the City will enforce compliance with the conditions
of approval;
h. Whether the facility can comply with the minimum parking
requirements of TDC Table 18.765.2; and
i. Whether the applicant sustained the burden of proof that the proposed
adjustment to the minimum parking requirements complies with the applicable approval
criteria.
3. The hearings officer concludes that:
a. The applicant failed to sustain the burden of proof that the proposed
adjustment to the minimum parking requirements complies with the applicable approval
criteria in Tigard Development Code ( "TDC ") 18.370.020.C.7.a, because the applicant
did not submit a parking study prepared by a traffic consultant or parking data from
comparable sites demonstrating compliance with the criteria listed in TDC
18.370.020.C.7.a(1) and (2); and
b. The applicant sustained the burden of proof that the proposed
conditional use permit does or will comply with the applicable criteria of the Community
Development Code, based on the findings and conclusions included and incorporated
herein and subject to conditions at the end of this final order.
B. HEARING AND RECORD
1. The hearings officer held a duly noticed public hearing on May 10, 2010 to
receive and consider public testimony in this matter. The record includes a witness list,
materials in the casefile as of the close of the record, including materials submitted after
the hearing, and an audio record of the hearing. At the beginning of the hearing, the
hearings officer made the declaration required by ORS 197.763. The hearings officer
disclaimed any ex parte contacts, bias or conflicts of interest. The following is a
summary by the hearings officer of selected relevant testimony offered at the hearing.
2. City planner Gary Pagenstecher summarized the Staff Report.
a. He noted that the applicant proposed to limit the use to the residential
care of persons over 62 years of age in order to address concerns expressed by
neighboring residents. He agreed that a condition of approval is warranted to reflect the
applicant's intent. He noted that TDC 18.330.030.B authorizes the hearings officer to
impose conditions of approval "[w]hich are found necessary to ensure the use is
compatible with other use in the vicinity, and that the impact of the proposed use on the
surrounding uses and public facilities is minimized." The hearings officer can impose
conditions of approval limiting the scope of the use to what is proposed by the applicant
or to further restrict the use as necessary to limit its impact on the surrounding area.
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b. He noted that the Code requires a minimum 3.2 off - street parking
spaces to serve the proposed 8 -bed facility. TDC 18.765.070.0 requires that "Fractional
space requirements shall be counted as a whole space." Therefore 3.2 spaces must be
rounded up to 4 spaces. The applicant requested an adjustment to reduce the required
parking to three off - street parking spaces. He recommended the hearings officer approve
the adjustment. Three off - street parking spaces are adequate to serve the parking needs of
the proposed use. Parking demand is limited to facility staff, visitors and emergency and
delivery vehicles. The facility residents do not drive. Additional on- street parking is
available along the site's 134 Avenue frontage. The site has 136 feet of frontage on
134 Avenue. Subtracting the proposed 30 -foot driveway leaves 106 feet of frontage for
on- street vehicle parking, or five 18 -foot parking spaces.
c. He noted that the applicant originally proposed to dedicate an additional
two feet of right of way along the site's 134 Avenue frontage to bring the site into
compliance with current City standards. However the proposed right of way dedication
would reduce the setback for the existing structure to less than the minimum
requirements of the R -25 zone. Therefore the applicant proposed to grant a two -foot wide
easement along the site's 134 Avenue frontage rather then dedicating right of way.
Granting an easement would not affect the setbacks to the existing structure. He
requested the hearings officer modify recommended condition of approval 1 to that effect
as set out in his May 10, 2010 memorandum (Exhibit 1).
d. He agreed that a condition of approval is warranted requiring that the
applicant obtain a change of occupancy permit for the existing structure prior final
approval of the site permit improvements.
e. He noted that state law regulates the staffing requirements and other
operational issues of the proposed Residential Care Facility.
3. City development engineer Gus Duenas agreed with the applicant's proposal to
grant an easement along the site's 134h Street frontage. An easement will ensure that the
area within the easement is preserved for future street improvements without affecting
the setbacks of the existing structure on the site. He agreed with the applicant's request to
change the word "dedicate" to "grant" in revised condition of approval 1.
a. He testified that the existing pavement on 134 Avenue abutting the site
is wider than the current street standard requires. The existing street appears to have a 36-
foot paved section with curb -tight sidewalks within a 50 -foot right of way. The current
Street Standards require a 32 -foot paved section and sidewalks separated from the
roadway by a five -foot planter strip within a 54 -foot right of way. The current 32 -foot
paved section standard allows for two -way traffic and on- street parking on both sides of
the street. Therefore the existing 36 -foot paved section can easily accommodate two -way
traffic and on- street parking.
b. He noted that on- street parking is available for use by the general
public. It is not reserved for the use of the abutting property owners.
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4. Attorney Andrew Stamp and Planner Steve Bloomquist testified for the
applicant.
a. Mr. Stamp noted that the site and surrounding properties were
developed under a prior street standard that required a minimum 25 -foot right of way.
The City's current standard requires a 27 -foot right of way. Therefore the applicant
originally proposed to dedicate two feet of additional right of way to bring the site into
compliance with the current City standard. However such a dedication would make the
existing structure on the site nonconforming with respect to setback requirements.
Therefore the applicant proposed to grant an easement instead of dedicating right of way.
The easement will provide adequate area for future street improvements while
maintaining compliance with the setback requirements of the R -25 zone. He agreed with
revised condition of approval 1 recommended by Staff in Exhibit 1. However he
requested the hearings officer change the word "dedicate" to "grant."
i. He argued that Mr. Roth's concerns about property values are
not relevant to the applicable approval criteria.
ii. He noted that the proposed Residential Care Facility is allowed
as a conditional use in the R -25 zone. Therefore the City Council has determined that this
type of facility is compatible with residential uses. Mr. Moiso's argument that Residential
Care Facilities are not allowed in residential zones constitutes a collateral attack on the
City's zoning ordinance.
iii. He noted that the applicant proposed to expand the facility to
serve a maximum eight elderly residents. That limitation is binding on the applicant and
any future owners of the site. They cannot alter or expand the use on the site without
further City approval. In addition, the existing building cannot accommodate additional
residents, based on the space requirements imposed by state law. He agreed to a
condition of approval limiting the use to a maximum of eight residents, not including
staff.
iv. He testified that a decision approving a CUP is both an
authorization of a particular use and a limitation of the scope of the use. The Code
provides the hearings officer a broad grant of authority to impose conditions necessary to
ensure that the use is compatible with the neighborhood. Once the 21 -day appeal period
expires, any conditions of approval imposed by the City are binding on future owners of
the site, even though the City's decision is not included in the deed record for the
property. Potential buyers have a duty to contact the City to identify any limitations on
the use of the property prior to purchase. A future owner could request a modification of
the CUP to change the size or scope of the use. However such a modification would
require additional City review through a public process. The proponent of the
modification would have to demonstrate that the modification continues to comply with
all applicable approval criteria.
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v. He argued that any increase in traffic and parking demand
generated by the proposed expansion will be de minimis. Parking demand generated by
visitors, deliveries and offsite health care providers is generally short term and will have
little impact on the neighborhood. On- street parking is available to the general public. He
noted that several neighbors submitted letters in support of the application, stating that
the current use has little or no impact on the neighborhood.
vi. He noted that the facility will only serve elderly residents who
are unlikely to disturb the neighborhood. The applicant requested assistance from the
neighbors on one occasion. However such assistance is not a routine practice. The
applicant can call other staff persons or 911 if assistance is necessary.
vii. He noted that zoning enforcement is generally a complaint
driven process. The City relies on citizen complaints to identify violations. However,
once a violation has been identified, the City will enforce the laws, including compliance
with any conditions of land use approval. The fact that the applicant is requesting City
approval of the proposed expansion indicates her willingness to comply with the law.
b. Mr. Bloomquist summarized the proposed use and his PowerPoint
document, Exhibit 2. He accepted the findings and conditions in the Staff Report, as
modified at the hearing, including a condition limiting the use to residential care of
persons over 62 years of age, a condition requiring that the applicant obtain a change of
occupancy permit and revised condition 1 as set out in Exhibit 1 and modified by Mr.
Stamp's testimony.
5. Area resident Michael Moiso testified in opposition to the application. He
argued that the proposal to change from an Adult Foster Care Facility to a Residential
Care Facility is a "huge" change. The existing facility is "already bursting at the seams."
a. He argued that this application violates the legislative intent of the state
statute regulating adult care facilities. Adult Foster Care Facilities, which are limited to a
maximum five residents, are intended to be located in residential neighborhoods.
Residential Care Facilities, which have no limit on the number of residents, are not
intended to be located in residential areas. They are intended to be located in commercial
areas. If the facility is approved as a Residential Care Facility, the applicant or a future
owner could continue to expand the facility, adding additional beds and increasing the
impacts of the facility on the neighborhood. The hearings officer has no authority to
impose a condition of approval limiting the number of beds.
b. He argued that the hearings officer has no authority to impose a
condition of approval limiting the use to the care of elderly persons over 62 years of age
as proposed by the applicant. A future owner of the facility could file a lawsuit to
eliminate the condition and use the facility for other types of care. Even if the condition
is valid, the applicant or a future owner may ignore the condition and alter the facility to
provide other types of care. The City will not inspect the facility in order to ensure
continued compliance with the conditions of approval unless it receives a complaint from
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neighboring residents. The City is shifting the burden of policing the operation of the use
onto neighboring residents.
c. He testified that the existing use generates a significant demand for
vehicle parking. The applicant, her boyfriend and at least one caretaker are almost always
on site. Visitors, deliveries, doctors and ambulances generate additional traffic and
parking demand. The proposed expansion will generate additional traffic, further
increasing the parking demands of the facility. The applicant's use "consumes more than
her share" of the available on- street parking in the neighborhood. He disputed Mr.
Pagenstecher's conclusion that there is sufficient area to park five vehicles along the
site's 134 Avenue frontage. Vehicles would have to be parked bumper to bumper to fit
five cars into 106 feet of frontage. The applicant, her boyfriend and her staff person
usually park in the site driveway, consuming all of the on -site parking. Visitors, health
care providers and delivery vehicles must park on the street. The additional traffic and
parking demand will affect the safety of neighborhood residents and the quiet enjoyment
of their properties.
d. He noted that the applicant does not live on the site. She relies on
employees to care for the residents when she is away from the site. These unknown
persons could potentially pose a threat to the safety of the neighborhood. The applicant
may not conduct complete background checks on her employees. Protection of the public
health, safety and welfare is an applicable approval criterion.
e. He testified that the applicant and her employees have requested help
from neighbors when residents have fallen out of bed or out of their wheelchairs.
Although the applicant only requested help on one occasion, her staff have requested his
help on other occasions. Increasing the number of residents on the site will increase the
need for such assistance.
f. He argued that streets within the neighborhood, which are not
constructed to current standards, are two narrow to accommodate the volume of traffic
generated by a Residential Care Facility. On- street parking limits traffic to a single
through lane. He disputed Mr. Stamp's testimony that the facility will have a de minimis
traffic impact. Mr. Stamp has no experience with the existing facility and has never
visited the site.
g. He argued that the proposed Residential Care Facility is not compatible
with other residential uses in the area. The applicant is asking the hearings officer to
exceed his authority by approving the proposed use.
h. He argued that the applicant must offer some compelling reason to
justify approval of the facility and its impacts on the neighborhood.
i. He noted that the neighbor comment letters cited by Mr. Stamp were
written by the applicant and submitted to neighbors for their signatures. In addition, the
letters only address the impacts of the current facility, not the proposed expansion.
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6. Area resident Scott Roth agreed with Mr. Moiso's testimony. He also
expressed concerns that the proposed use will impact the value of other properties in the
area.
7. The applicant, Danielle Wilde, testified that she asked Mr. Moiso for assistance
on one occasion, when a resident fell out of bed. She no longer needs such assistance.
There are always two staff people on site at night. She has a patient hoist to lift residents
into their beds or wheelchairs. She can call her boyfriend or 911 if additional assistance is
needed.
a. She argued that the use does not generate a significant amount of
vehicular traffic. She and her staff work three or four 24 -hour shifts in a row. They park
in the site driveway and do not travel back and forth to the site every day. The proposed
expansion will not require any additional employees. The residents of the facility all
require a high level of care, which makes them unable to drive. Family visits average one
visit per week and usually last between 20 minutes and one hour. One resident has a
visiting nurse who stays for one hour once a week. She receives deliveries once a month
and occasional UPS deliveries, similar to a residential use.
b. She testified that the existing building cannot accommodate more than
eight residents. She cannot add a second story to the building because the residents
cannot accommodate stairs and there is no room to add an elevator.
8. Michael DeShane testified that he owns and operates a number of assisted
living facilities in the area. Almost all of his facilities are located in residential
neighborhoods pursuant to CUP approvals. He argued that state laws imposes far more
restrictions on the proposed Residential Care Facility than it does on the existing Adult
Foster Care Facility. Prior to 1990 Adult Foster Care Facilities were not subject to any
regulations. Residential Care Facilities have always been regulated by the state. However
state law does not regulate the location of such facilities.
9. At the end of the hearing, the hearings officer held the record open for one
week as required by ORS 197.763(6)(e) to allow the applicant to submit a final written
argument. The record in this case closed at 5:00 p.m. on Monday, May 17, 2010.
a. Mr. Stamp submitted a written final argument on May 17, 2010, Exhibit
3.
C. DISCUSSION
1. The Staff Report identifies the applicable approval criteria for the application
and applies them to the record in the case. The hearings officer agrees that the standards
identified in the Staff Report are applicable and finds that they are correctly applied to
the facts of the case in the Staff Report. Substantial evidence in the record shows that the
proposed use does or can comply with the applicable approval criteria for a CUP, and
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adoption of recommended conditions of approval as amended will ensure final plans are
submitted and implemented as approved consistent with those criteria and standards and
will prevent, reduce or mitigate potential adverse impacts of the development consistent
with the requirements of the TDC. The hearings officer adopts the findings and
conclusions in the Staff Report as his own except to the extent they are inconsistent with
the findings and discussion in this final order.
2. The hearings officer finds that there is no support in the record for Mr. Moiso's
assertion that this application for approval of a Residential Care Facility in the R -25 zone
violates the legislative intent of either the state statute legislature or the City Council. To
the contrary, the proposed use is expressly allowed as a conditional use in the R -25 zone.
a. The proposed Residential Care Facility qualifies as a "group living"
facility as defined by TDC 18.130.020.A.2:
Group Living: Living facilities for groups of unrelated individuals
which includes at least one person residing on the site who is
responsible for supervising, managing, monitoring and/or
providing care, training or treatment of residents. Larger group
living facilities may also be characterized by shared facilities for
eating, hygiene and/or recreation. Examples include
nursing/convalescent homes, residential care /treatment facilities;
sororities /fraternities and convents /monasteries. Tenancy is longer
than one month. Does not include detention and post- detention
facilities (see 18.130.020 E.3., Detention Facilities). [Emphasis
added]
Group living facilities for up to five people are "permitted by right" in all
residential zones. Group living facilities with six or more residents are permitted as a
conditional use in all residential zones. See TDC 18.510.1.'
b. This is generally consistent with state law, which requires that
residential care facilities be allowed in residential zones. ORS 197.663(4) provides "To
meet the growing need for residential homes and residential facilities, it is the policy of
this state that residential homes and residential facilities shall be considered a residential
use of property for zoning purposes (Emphasis added). ORS 197.667 provides that "(1)
A residential facility shall be a permitted use in any zone where multifamily residential
uses are a permitted use [and] (2) A residential facility shall be a conditional use in any
zone where multifamily residential uses are a conditional use." As the applicant noted at
' TDC 18.120.030.A.7 defines "conditional use" as:
A use which may be permitted by the approval authority following a public hearing, upon findings
by the authority that the approval criteria have been met or will be met upon satisfaction of
conditions of approval.
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p 5 of Exhibit 5, the City may be exceeding its authority by requiring a conditional use
permit for residential care facilities in the R -25 zone, where multifamily residential uses
are a permitted use. See TDC Table 18.510.1.
c. The hearings officer notes that the description of the proposal in the
Staff Report is inaccurate. The Staff Report states that "the applicant requests
Conditional Use Approval to expand an Adult Foster Care Facility from five to eight
beds." p 1 of the Staff Report. However Adult Foster Care Facilities are, by definition,
limited to a maximum five residents. See OAR 411 - 050- 0408(1). The applicant is
currently operating an Adult Foster Care Facility as a permitted use on the site. With this
application, the applicant requests Conditional Use Approval to operate a Residential
Care Facility on the site, which can accommodate six or more residents. See OAR 411-
054- 0005(47).
i. The hearings officer finds that this erroneous description of the
proposal did not cause significant confusion or prejudice the rights of the public to
participate in the review process. The application narrative and application forms clearly
state that the applicant is requesting approval of a conditional use permit to operate a
Residential Care Facility for up to 8 residents. All of the participants in the hearing
clearly understood the scope of the proposed application and the distinction between the
existing Adult Foster Care Facility and the proposed Residential Care Facility.
3. The hearings officer finds that the proposed use does or can comply with the
approval criteria for a conditional use permit as set out in TMC 18.330.030.A.
a. "The site size and dimensions provide adequate area for the needs of the
proposed use." TMC 18.330.030.A.1.
i. The 0.17 -acre site is currently developed with a 2,675- square
foot, 5- bedroom, single - family residential structure. The applicant proposes to operate
the use inside the existing structure, without any changes to the structure's size or
footprint. State law allows up to two residents per bedroom. OAR 411 - 054- 0200(4).
Therefore the existing five bedrooms are adequate to accommodate the eight residents
proposed in this application.
ii. The hearings officer finds that the site is large enough to
accommodate the additional parking needed to serve the use, based on the discussion
below.
iii. The applicant revised the application to replace the right of way
dedication along the site's 134 Avenue frontage with an easement. Setbacks are
measured from the property line, not the easement. TDC 18.120.030.A.130. Therefore the
existing structure will continue to comply with the setback requirements of the R -25
zone.
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b. "The impacts of the proposed use of the site can be accommodated
considering size, shape, location, topography, and natural features." TMC
18.330.030.A.2. As noted above, the use will primarily be conducted within the existing
residential structure on the site. Therefore the majority of impacts will also be confined
within the structure. The primary offsite impacts identified in the record are increased
vehicular traffic and parking demands.
i. The proposed expansion will increase the capacity of the facility
by three residents. The residents of the facility will not generate additional traffic,
because they are unable to drive due to their need for care. The applicant testified that the
proposed expansion will not require additional staff. Therefore the traffic impacts of the
proposed expansion are limited to increased trips by visitors, health care providers and
delivery vehicles. There is no evidence that these additional trips, combined with traffic
generated by the existing facility and residential uses in the neighborhood, will exceed
the capacity of area streets or create a hazard. SW 134 Avenue abutting the site is
designated a "local residential street," which is designed to carry a maximum 1,500
vehicles per day ( "VPD "). See TDC Figure 18.810.4.A. Based on the assessor's maps,
there are roughly 30 existing homes with frontage on SW 133 /134 Avenue. According
to the Institute of Traffic Engineers Trip Generation Manual (the "ITE Manual "), single -
family homes generate an average 10 vehicle trips per residence per day. Therefore the
30 homes on this street will generate a maximum 300 VPD, well below the 1,500 VPD
this street is designed to carry. The existing 36 -foot paved section of 134 Avenue
exceeds the current standard for local residential streets and is more than adequate to
accommodate two -way traffic with on- street parking on both sides of the street.'
ii. The applicant proposed to provide three off - street parking
spaces on the site. These parking spaces will accommodate the parking needs of the
facility staff (the applicant and her employees, including her boyfriend), based on the
applicant's unrebutted testimony. Visitors, health care providers and delivery vehicles
can utilize on- street parking near the site. SW 134 Avenue is a public street with on-
street parking permitted on a first -come, first served basis. On- street parking is not
reserved for abutting residents and their guests. Excessive use of on street parking by
vehicles associated with the facility could conflict with existing residential uses.
However the minor increase in the capacity of the facility is unlikely to cause such
excessive impacts. Based on the applicant's unrebutted testimony, the majority of visitor,
delivery and health care provider visits are infrequent and relatively short term. There is
no substantial evidence to the contrary.
' The current City standard for local residential streets requires a minimum 32 -foot paved section, which is
adequate to accommodate two -way traffic with vehicles parked on both sides. See TDC Figure 18.810.4.A.
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iii. The proposed Residential Care Facility will attract additional
people to the immediate area (facility residents, facility staff, health care providers,
visitors, etc), which may lead to an incremental increase the amount of litter, vandalism,
and illegal activities. However the hearings officer finds that there is no substantial
evidence in the record that these persons are any more or less likely to engage in nuisance
or illegal activities than other people or that such effects will result from the operation of
the facility.
iv. Even if the proposed use will have an adverse impact on
property value - -- and there is no substantial evidence to that effect in the record - --
protection of property value is not expressly relevant to the applicable State or City
standards. The hearings officer must base the decision on the laws of the City of Tigard
and the State of Oregon.
v. Mr. Moiso testified that the applicant and her staff have called
on neighboring residents for assistance with moving residents in the past. Such requests
for assistance could arguably constitute an adverse impact on neighboring residents. In
addition, the hearings officer opines that such requests may be inappropriate and unsafe.
Assistance from neighbors may violate the staffing requirements imposed by state law, as
neighboring residents may not have the necessary training in moving patients. Such
assistance may expose the applicant and the neighbors to liability for injuries that may
occur. However, based on the plain meaning of the words in the law, the past behavior of
the applicant is not relevant to the applicable approval standards for a home occupation
permit in the TDC. The past behavior of the applicant and her staff does not show that
the applicant cannot or will not operate the facility in a manner that complies with the
TDC. The applicant has not proposed to rely on neighbors' assistance in the operation of
the proposed facility. Adequate alternatives are available, including on -call help from the
applicant and her staff, use of the applicant's patient hoist and/or emergency assistance
through the 911 system. There is no need for the applicant to rely on assistance from
neighbors.
vi. There is no substantial evidence that the proposed facility is
likely to generate excessive noise or other adverse offsite impacts. Mr. Moiso and Mr.
Roth failed to identify any additional impacts at the hearing. Other neighbors stated that
the existing Adult Foster Care facility does not generate any impacts on the
neighborhood. See the comment letters submitted with the application.
3 ORS 227.173(1) provides as follows:
Approval or denial of a discretionary permit application shall be based on standards and criteria,
which shall be set forth in the development ordinance and which shall relate approval or denial of
a discretionary permit application to the development ordinance and to the comprehensive plan for
the area in which the development would occur and to the development ordinance and
comprehensive plan for the city as a whole
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(A) Mr. Moiso testified that many of the letters were
written by the applicant and submitted to neighbors for signature. However the neighbors
did sign the letters, indicating agreement with the statements in the letters. In addition,
many of the letters are handwritten by the individual neighbors.
(B) Mr. Moiso is correct that the neighbors' testimony is
based on their observations of the existing Adult Foster Care facility. However the
proposed Residential Care Facility will operate in substantially the same manner.
Approval of this application will only add three residents to the site. Therefore the
hearings officer finds that approval of this application will not cause significant changes
in the facilities impacts.
c. The hearings officer finds, based on the findings in the Staff Report,
that all required public facilities have adequate capacity to serve the proposal. Therefore
the application complies with TMC 18.330.030.A.3.
d. Several persons argued that the facility should not be located in a
residential zone. However, as discussed above, group living facilities, including
residential care facilities, are permitted as a conditional use in the R -25 zone. TDC Table
18.510.1 Therefore the hearings officer finds that the proposed use is complies with the
applicable requirements of the zoning district and the application complies with TMC
18.330.030.A.4.
e. The hearings officer finds that the facility does or can comply with the
additional development standards for group living facilities listed in TDC
18.330.050.B.15.
i. Based on the assessor's map in the record, the site contains 7,209
square feet, which exceeds the minimum 5,000 square foot lot size requirement of TDC
18.330.050.B.15.a.
ii. As noted above, the applicant revised the application to replace
the right of way dedication along the site's 130 Avenue frontage with an easement.
Therefore the existing structure will continue to comply with the setback requirements of
the R -25 zone and with TDC 18.330.050.B. 15.b.
iii. The existing 1.5 -story structure complies with the maximum
45 -foot building height limit of the R -25 zone, as listed in TDC Table 18.510.2. No
changes are proposed to the building height. Therefore the application complies with
TDC 18.330.050.B.105.c.
iv. The applicant has applied to the State Department of Human
Services for a license to operate a Residential Care Facility. The applicant should be
required to obtain the license prior to accepting any additional residents beyond the
maximum five residents permitted under the applicant's existing Adult Foster Care
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Facility license. A condition of approval is warranted to that effect to ensure compliance
with TDC 18.330.050.B. 15.d.
v. The proposed facility can and will comply with the off - street
parking requirements of Chapter 18.765 based on the findings below. Therefore the
application complies with TDC 18.330.050.B. 15.e.
f. The hearings officer finds, based on the findings in the Staff Report, that
the proposal is or can be consistent with the supplementary requirements set forth in
other chapters of the code including but not limited to Chapter 18.780, Signs, and
Chapter 18.360, Site Development Review. TMC 18.330.030.A.6. Conditions of
approval are recommended to ensure such compliance occurs in fact.
4. Contrary to Mr. Moiso's assertion, the Code does not require that the applicant
identify some "compelling reason" for approval of the application. If the application
complies with the applicable approval criteria it must be approved. In addition, the state
legislature identified a number of "compelling reasons" for approval of Residential Care
Facilities in residential areas. See ORS 197.663, which provides:
(1) It is the policy of this state that persons with disabilities and
elderly persons are entitled to live as normally as possible within
communities and should not be excluded from communities
because their disability or age requires them to live in groups;
(2) There is a growing need for residential homes and residential
facilities to provide quality care and protection for persons with
disabilities and elderly persons and to prevent inappropriate
placement of such persons in state institutions and nursing homes;
(3) It is often difficult to site and establish residential homes and
residential facilities in the communities of this state;
(4) To meet the growing need for residential homes and residential
facilities, it is the policy of this state that residential homes and
residential facilities shall be considered a residential use of
property for zoning purposes; and
(5) It is the policy of this state to integrate residential facilities into the
communities of this state. The objective of integration cannot be
accomplished if residential facilities are concentrated in any one
area.
CUP2009- 000031VAR2009 -00021 Hearings Officer Final Order
(Wilde Residential Care Facility) Page 13 of 18
5. TDC 18.330.030.B grants the hearings officer broad authority to impose
conditions of approval as necessary to "[e]nsure the use is compatible with other use in
the vicinity, and that the impact of the proposed use on the surrounding uses and public
facilities is minimized. ,4 Those conditions are binding on the applicant and future owners
of the site. Absent a timely appeal of this decision, the conditions of approval can only be
modified or eliminated through an application for a new or modified conditional use
permit, which would be subject to the same review procedures and approval requirements
as this application.
6. The hearings officer finds that conditions of approval are warranted to limit the
scope of the use consistent with the applicant's proposal; i.e., by limiting the facility to a
maximum 8 residents who must be over the age of 62 and require assistance with
"activities of daily living" as defined by OAR 411- 054- 0005(4). Such conditions are
necessary to reflect the applicant's proposal and to ensure that the use remains
compatible with other use in the vicinity.
7. As LUBA noted, suggestions that conditions attached to a land use decision
may be violated are speculative, and are not grounds for denial of the application.
Canfield v. Lane County, 16 Or LUBA 951 (1988). The City will monitor and enforce
4 TDC 18.330.030.13 provides:
Conditions of approval. The Hearings Officer may impose conditions on the approval of a conditional
use, which are found necessary to ensure the use is compatible with other use in the vicinity, and that
the impact of the proposed use on the surrounding uses and public facilities is minimized. These
conditions may include, but are not limited to the following:
1. Limiting the hours, days, place and/or manner of operation;
2. Requiring design features which minimize environmental impacts such as noise, vibration, air
pollution, glare, odor and/or dust;
3. Requiring additional setback areas, lot area, and/or lot depth or width;
4. Limiting the building height, size or lot coverage, and/or location on the site;
5. Designating the size, number, location and/or design of vehicle access points;
6. Requiring street right -of -way to be dedicated and street(s) to be improved;
7. Requiring landscaping, screening, drainage and/or surfacing of parking and loading areas;
8. Limiting the number, size, location, height and/or lighting of signs;
9. Limiting or setting standards for the location and/or intensity of outdoor lighting;
10. Requiring berms, screening or landscaping and the establishment of standards for their
installation and maintenance;
11. Requiring and designating the size, height, location and/or materials for fences;
12. Requiring the protection and preservation of existing trees, soils, vegetation, watercourses,
habitat areas and/or drainage areas;
13. Requiring the dedication of sufficient open land area for a greenway adjoining and within the
floodplain when land form alterations and development are allowed within the 100 -year
floodplain; and
14. Requiring the construction of a pedestrian/bicycle pathway within the floodplain in
accordance with the adopted pedestrian/bicycle pathway plan.
C. Exemptions. Manufactured home parks and manufactured home subdivisions are exempt from
the provisions of Subsection B above. Manufactured home subdivisions are subject to approval
under the provisions of Chapter 18.430, Subdivisions. Manufactured home parks are subject to
approval under the provisions of Chapter 18.340, Site Development Review.
CUP2009- 000031VAR2009 -00021 Hearings Officer Final Order
(Wilde Residential Care Facility) Page 14 of 18
compliance with the conditions of approval. TDC 18.230 authorizes the Director to
identify, respond to and remedy alleged violations. Neighbors can initiate the
enforcement process by reporting any violations they observe. If the applicant fails to
comply with the conditions of approval, i.e., by exceeding the number of residents,
altering the type of care provided or otherwise expanding or changing the use, the
planning director can revoke the Conditional Use Permit. The fact that neighbors can
assist in monitoring the use does not shift the responsibility to them to do so. The City
continues to bear the responsibility for enforcing its laws. However neighbors may be in
a better position to monitor the use on a continuing basis because of their proximity, and
it may be in their interests to do so given the complaint- driven nature of the enforcement
process.
8. The applicant requested an adjustment to the minimum off - street parking
requirements of TDC 18.765.070 and Table 18.765.2.
a. Table 18.765.2 requires a minimum 1.0 parking space per bedroom or
1.0 space per 2.5 beds for Group Living Facilities. The proposed facility will provide a
maximum eight beds. Therefore Code requires a minimum of four parking spaces (8
rooms /2.5 spaces = 3.2 spaces, rounded up to 4 spaces per TDC 18.765.070.0).
b. TDC 18.765.070.F.2 authorizes up to a 20- percent reduction in the total
required off - street parking spaces pursuant the adjustment criteria in TDC
18.370.020.C.7.a. The hearings officer finds that the applicant is requesting less than 20-
percent reduction in the total number of required parking spaces in this case (3 space
proposed, 3.2 spaces required). Therefore the proposed adjustment complies with TDC
18.765.070.F.2.
i. The hearings officer finds that the 20- percent reduction figure
must be determined prior to the "rounding up" required by TDC 18.765.070.0. To hold
otherwise would prohibit smaller developments, with minimal amounts of parking, from
taking advantage of the adjustment provisions of TDC 18.765.070.F.2. Where fewer than
five spaces are required, eliminating a single parking space would always constitute a more
than 20- percent reduction in the total number of spaces.
c. However the applicant failed to sustain the burden of proof that the
proposed adjustment complies with TDC 18.370.020.C.7.a. This section expressly
requires the submittal of a parking study prepared by a traffic consultant or parking data
from comparable sites demonstrating compliance with the criteria listed in TDC
18.370.020.C.7.a(1) and (2). The applicant did not submit such evidence. Staff argued
that such evidence is not necessary in this case, "due to the minimal request... " However
the language of the Code is clear and cannot be waived or ignored. The applicant must
submit evidence demonstrating compliance with the criteria listed in TDC
18.370.020.C.7.a(l) and (2). Absent such evidence, the hearings officer must deny the
requested adjustment to the minimum parking requirements.
CUP2009- 000031VAR2009 -00021 Hearings Officer Final Order
(Wilde Residential Care Facility) Page 15 of 18
d. The hearings officer finds, based on the applicant's site plan, that there
is sufficient area on the site to accommodate four off - street parking spaces on the site.
This may require modification of the parking alignment, since the driveway width is
limited to a maximum 30 feet. However it is feasible to modify the design of the parking
area to meet this requirement. In the alternative, the applicant could submit a separate
Type II adjustment application containing the evidence required by TDC
18.370.020.C.7.a. A condition of approval is warranted to that effect.
D. CONCLUSIONS
1. Based on the findings and discussion provided or incorporated in this final
order, the hearings officer concludes that
a. The applicant failed to sustain the burden of proof that the proposed
adjustment to the minimum parking requirements complies with the applicable approval
criteria in TDC 18.370.020.C.7.a, because the applicant did not submit a parking study
prepared by a traffic consultant or parking data from comparable sites demonstrating
compliance with the criteria listed in TDC 18.370.020.C.7.a(1) and (2); and
b. The applicant sustained the burden of proof that the proposed
conditional use permit does or will comply with the applicable criteria of the Community
Development Code, provided development that occurs after this decision complies with
applicable local, state, and federal laws and with conditions of approval warranted to
ensure such compliance occurs in fact.
E. DECISION
In recognition of the findings and conclusions contained herein, and incorporating
the Staff Report and public testimony and exhibits received in this matter, the hearings
officer hereby denies VAR 2010 -00069 and approves CUP2009 -00003 (Wilde
Residential Care Facility), subject to the following conditions of approval:
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO
COMMENCING ANY ONSITE IMPROVEMENTS, INCLUDING GRADING,
EXCAVATION AND /OR FILL ACTIVITIES:
Submit to the Current Planning Division (Gary Pagenstecher, (503) 718 -2434) for
review and approval:
Prior to issuance of site/building permits, the applicant shall grant a two (2) -foot
wide strip along the property's street frontage in the form of an easement reserved
for future street and utility improvements. The reserve easement shall be executed
on City forms and recorded with Washington County.
2. Prior to site work, the applicant shall submit a revised Site Plan demonstrating
that the site contains a minimum of two (2) bicycle parking spaces pursuant to the
applicable Bicycle Parking Design standards in TDC 18.765.050.
CUP2009- 000031VAR2009 -00021 Hearings Officer Final Order
(Wilde Residential Care Facility) Page 16 of 18
3. Prior to site work, the applicant shall submit a revised Site Plan demonstrating
that the site contains a minimum of four (4) off - street vehicle parking spaces
pursuant to the applicable General Design Standards in TDC 18.765.040 or obtain
City approval of a Type II adjustment reducing the number of required parking
spaces on the site, pursuant to TDC 18.390.040 and subject to the approval
criteria in TDC 18.370.020.C.7.
Submit to the Development Engineer (Gus Duenas, 503- 718 -2470) for review and
approval:
4. This project does include public facility improvements involving the widening of
a driveway and planting of street trees and requires issuance of a PFI permit. Six
(6) sets of detailed plans covering the proposed improvements shall be submitted
ffor review to the Development Engineer. PFI permit plans shall conform to City
of Tigard Public Improvement Design Standards, which are available at City Hall
and the City's web page (www.tigard - or.gov).
5. An erosion control plan shall be provided as part of the PFI permit drawings. The
plan shall conform to Clean Water Services Design and Construction Standards
(Resolution and Order No. 07 -20) Chapter 2. No work on -site shall commence
until the erosion control permit is issued.
6. The PFI permit plan submittal shall include the exact legal name, address and
telephone number of the individual or corporate entity who will be designated as
the `Permittee ", and who will provide the financial assurance for the public
improvements. For example, specify if the entity is a corporation, limited
partnership, LLC, etc. Also specify the state within which the entity is
incorporated and provide the name of the corporate contact person. Failure to
provide accurate information to the Development Engineer will delay processing
of project documents.
7. The applicant shall provide a construction vehicle access and parking plan for
approval by the City Engineer. The purpose of this plan is for parking and traffic
control during the construction phase.
8. The applicant shall submit a preliminary sight distance certification by a
registered professional engineer as part of the PFI permit application.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO FINAL
APPROVAL OF THE SITE PERMIT IMPROVEMENTS.
Submit to the Current Planning Division (Gary Pagenstecher, (503) 718 -2434) for
review and approval:
9. Prior to final approval of the site permit, the applicant shall obtain final approval
of a change of occupancy permit from the Pty, department, includuig any
required structural, electrical, mechanical, plumbing and site permits.
10. Prior to final approval of the site permit, the applicant shall call for a final
planning inspection to ensure the project was completed per the approved plan.
11. Prior to final approval of the site permit, the applicant shall provide a copy of a
license for operation of a Residential Care Facility issued by the Oregon
Department of Human Services ( "DHS ").
CUP2009- 000031VAR2009 -00021 Hearings Officer Final Order
(Wilde Residential Care Facility) Page 17 of 18
Submit to the Development Engineer (Gus Duenas, 503- 718 -2470) for review and
approval:
12. Prior to final inspection of the public improvements, the applicant shall provide
the City with as -built drawings of the improvements as follows: 1) 3 mil mylar, 2)
a disk of the as- builts in "DWG" format, if available; otherwise "DXF" will be
acceptable, and 3) the as -built drawings shall be tied to the City's GPS network.
13. Prior to final inspection, the applicant's engineer shall submit& final sight
distance certification for the driveway connections to SW 134 Avenue.
14. Prior to final inspection, the applicant shall execute a restrictive govenant with the
City for participation in future improvements to expand SW 134 Avenue to the
ultimate section.
THE ONGOING OPERATION OF THE FACILITY SHALL COMPLY WITH
FOLLOWING CONDITIONS.
15. The facility shall be limited to operation of a Residential Care Facility as defined
by OAR 411 - 054- 0005(44). The facility shall serve a maximum eight (8)
"residents" as defined by OAR 411- 054- 0005(43). All residents shall be age 62 or.
older and in need of assistance with "activities of daily living" as defined by OAR
411- 054- 0005(4).
THIS APPROVAL MUST BE IMPLEMENTED WITHIN 18 MONTHS FROM
THE EFFECTIVE DATE OF THE HEARINGS OFFICER'S DECISION.
DATED this 21 day of May 2010.
ti
Joe Turner, Esq., AICP
City of Tigard Land Use Hearings Officer
CUP2009- 000031VAR2009 -00021 Hearings Officer Final Order
(Wilde Residential Care Facility) Page 18 of 18
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DATA IS DERIVED FROM MULTIPLE SOURCES. THE CITY OF TIGARD
MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE AS TO THE
CONTENT, ACCURACY, TIMELINESS OR COMPLETENESS OF ANY OF THE
DATA PROVIOED HEREK THE CITY OF TIGARD SHALL ASSUME NO
LIABILITY FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE
INFORMATION PROVIDED REGARDLESS OF HOW CAUSED.
City or I Igard
13125 SW Hall Blvd
T IGAOMO OR 97223
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Depending on the number of people wishing to testify, the Tigard Hearing's Officer may limit the
amount of time each person has to speak. We ask you to limit your oral comments to 3 - 5 minutes.
The Hearing's Officer may further limit time if necessary. Written comments are always appreciated
by the Hearing's Officer to supplement oral testimony.
AGENDA ITEM NO.: 2.1 DATE: MAY 10, 2010
PAGE 1 OF I
FILE NAME: WILDE RESIDENTIAL CARE FACILITY
CASE NOS.: CONDITIONAL USE PERMIT (CUP) 2009 -00003
ADJUSTMENT (VAR) 2009 -00021
IF YOU WISH TO TESTIFY ON THE ITEM INDICATED ABOVE,
PLEASE PRINT YOUR NAME, ADDRESS & INCLUDE YOUR ZIP CODE
PROPONENT OF APPLICATION OPPONENT OF APPLICATION
- (Speaking In Favor or Neutral)- - (Speaking Against) -
Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Ph /fi No. ��} Q
4z- i 1�.7 �/� rr,, % S� 5 0 3 m V -3,45 3k 1 I " l I `O C m o l S o A l\
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Name, Address, Zip Code and Phone No. Name, Address, Zip Code and P h one No.
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Name, Address, Zip Code and Phone No. 1 Name, Address, Zip Code and Phone No.
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Name, Address, Zip Code and Phone No. I Name, Address, Zip Code and Phone No.
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--------------- I--------- - - - - --
5�/�D1131
City of Tigard
Memorandum
To: Joe Turner, Hearings Officer for the City of Tigard
From: Gary Pagenstecher, Associate Planner
Re: Wilde Residential Care Facility Proposal (CUP2009- 00003, VAR2009- 00021)
Date: May 10, 2010
Based on discussions between the applicant's Attorney and staff during the past week, the applicant
may request to amend their proposal by withdrawing the two -foot dedication along SW 134`
Avenue in order to avoid otherwise required variances and adjustments contained in Condition #1
of the Staff Report.
The City's Development Review Engineer has drafted an alternative condition that may be mutually
acceptable. If acceptable by the applicant, staff recommends replacing Condition #1 with the
following alternative condition. With this condition, the property ownership remains with the
applicant, but nothing permanent that can preclude future widening of the roadway can be built
within the easement.
Proposed Condition of Approval
1. Prior to issuance of site /building permits, the applicant shall dedicate a 2 -foot wide strip
along the property's street frontage in the form of an easement reserved for future street and
utility improvements. The reserve easement shall be executed on City forms and recorded
with Washington County.
exq/ai 7'
Wilde Group Care Facility CUP -00003 / VAR2009-
0021
Applicant's Representative - Steve Bloomquist
Harris McMonagle Associates
8740 SW Scoffins Street, Tigard, OR 97223
ORS 443.400 to 443.455
• Proposal Pending With the State— To Change the
classification of the site from an Adult Foster Care
Facility to a Residential Care Facility.
• Residential Care Facilities (RCF) -In homecare for six
or more socially dependent individuals or individuals with
physical disabilities.
• Adult Foster Care (AFH)" In home care provided to five
or fewer adults who are elderly or physically disabled
and are not related to the licensee or resident manager
by blood, marriage or adoption.
RCF's and ACF's
• Both types of homes (RCF and AFC) offer and
coordinate a range of supportive services which are
available on a 24 -hour basis
• To meet activities of daily living (ADL's) for each
individual.
• All home based care facilities are required to be
licensed.
• No home based care facility license is transferable to
any location, other facility, new management agent or
other ownership, other than that indicated on the license
to the licensee.
• All licenses must be renewed on an annual basis.
City of Tigard CDC Applicable Rules and Regulations:
Applicable Development Code Sections For a Residential
Conditional Use to allow Group Living; 18.510 - Residential Zoning
Districts, 18.330 Conditional Use, 18.360 Site Development
Review, 18.370 Variances /Adjustments, 18.705 Access and
Egress, 18.725 Environmental Performance Standards, 18.745
Landscaping, 18.765 Off Street Parking and Loading, 18.780
Signs, 18.790 Tree Removal, Visual Clearance, 18.810 Street and
Utility Improvement Standards, 18.390 Impact Study
• The City of Tigard allows home care to be provided to five or
fewer individuals as a use permitted outright within all residential
zoning districts per table 18.510.1.
• The care of more than six (6) individuals is defined as "Group
Living" Tigard CDC.
Home care of six or more individuals is a use permitted on a case
by case basis subject to a Conditional Use Review.
REQUESTED CITY APPROVALS
1. Conditional Use to allow "Group Living" for more than
six individuals.
2. A concurrent Special Adjustment to the onsite parking
requirements to allow one less parking space than the
current parking regulations require.
• As part of the CUP review the applicant has proposed to restrict
the care provided in her home for elderly care only.
• The applicant also proposes minor interior site improvements in
order to bring the site into conformance for the proposed use.
City staff has concurred with the proposed private improvements
and has recommended approval of this application.
18.330 Conditional Use Criteria
• 1. The site size and dimensions
needs of the proposed use;
• 2. The impacts of the proposed
accommodated considering siz(
provide adequate area for the
use of the site can be
shape,
• location, topography, and natural features;
• 3. All required public facilities have adequate capacity to serve the
proposal;
• 4. The applicable requirements of the zoning district are met except
as modified by this chapter;
• 5. The applicable requirements of 18.330.050; and
• 6. The supplementary requirements set forth in other chapters of this
code including but not limited to Chapter 18.780, Signs, and Chapter
18.360, Site Development Review, if applicable, are met.
Conditions of Approval
• Staff recommended (11) Conditions Of Approval within
the staff report.
• The applicant requests that the ROW dedication
requirement along SW 134t" Ave be reworded within
the staff report and subsequent Final Conditions Of
Approval to require a 2 foot Reserve strip public
easement in Lieu of a 2 foot ROW dedication
requirement.
Reasoning For the Reserve strip request;
1. SW 134th Ave was constructed at a time when the
Transportation plan called for a ultimate local street
widths of 50 feet.
2. If the dedication is required, the applicant would be
required to pursue concurrent Type I and Type II
Variances for the front yard prior to site Development
taking place.
3. Based on the current Transportation Plan there are no
plans to bring SW 134th Ave to the current standard.
4. The Reserve strip would allow for future improvements
to SW 134th Ave if and when the majority of the block is
scheduled to be improved to the new 54 foot standard.
• Based on these facts the ROW Dedication requirement
should be amended within the Staff Report to allow for
a 2 Foot Public Reserve Easement.
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05/28/2088 14:41
i
5036637289
JOE TURNER
JOE TURNER, P. C.
MUNICIPAL HEARINGS
OFFICIAL
MEMBER OF THE OREGON & WASHINGTON STATE BARS AND
AMERICAN INSTITUTE OF CERTIFIED PLANNERS2
Gresham, Oregon 97080
Telephone (503) 663 -7092
Facsimile (503) 663 -7289
E -main, Rpcnlyerizon. net
DA,'1,
TO:
RE:
PAC
FACSIMILE COVER SHEET
May 11, 2010
Patty Lunisford C& (503) 718 -2748
CUP2009 -00003
3 (including cover)
- -- Telephone (503) 663 -7092 if there is a problem with transmission - --
PAGE 01/03
This cdmmunication contains attorney - privileged and confidential information intended only for the use c
the recipient identified above. If the person receiving this message is not the identified recipient or an ager
of the I&iificd recipient, please notify me by telephone immediately and return the original message w m
by mJil at the address in the letterhead above. Dissemination, distribution or copying of thi
cnmm��ni�atinn is cirlcily nr�hihitwi p,xre,nt by thr iripntifiPri rPCiniPnt nr by hie nr her aoPnr Thant; vrn,
I
05/ =,''2088 14:41
5036637289
Ma Y l� 2010
Miclia�l Moiso
12543 §W 130' Avenue
Tigard OR 97223
Re: CUP 2009 -00003
Wilde Residential Care Facility
To: Cit y of Tigard hearings Officer
JOE TURNER
This letter serves as my comments regarding the above - described proposal.
I object to the request for Conditional Use to expand the existing care facility
PAGE 02/03
I
I own the house directly across the street from the proposed site which gives me
it in this issue.
I base my objection on an unreasonable burden it will cause the neighborhood by
way o increased traffic, noise, overall disruption, and the affects such an increase would
have oh, the quiet enjoyment of my home.
The law covering Adult Foster Care homes is quite specific in limiting the
numbef that can be taken care of in an Adult Care Facility:
411-050 -0408 Capacity
(Amended 11112007)
(l) Residents must be limited to five persons who are unrelated to the licensee and
reside t manager by blood or marriage and require care.
(2) Re rte residents are included in the license capacity of the home.
(3) Th � number of residents permitted to reside in an adult foster home will be
dctornuncd by the ability of the staff to meet the care needs of the residents, the fire
safety standards for evacuation, and compliance with the facility standards of these rules.
(4) Det6rmination of maximum capacity must include consideration of total household
composition including children and relatives requiring care and supervision. In
determining maximum capacity, consideration must be given to whether children over the
age of ive have a bedroom separate from their parents.
(5) Wh6n there are family members requiring care in a home in which the licensee is the
primarf, live -in caregiver, the allowable number of unrelated residents wi.l l be a
maximum capacity of Five if the following criteria are met:
(a) Th icensee can demonstrate, the ability to cvacuatc all occupants from the adult
foster Ronne within three minutes or less;
Page 1 A of 110
G 3
05/28/2088 14:41 5036637289 JOE TURNER PAGE 03/03
(b) Thd licensee has adequate staff and has demonstrated the ability to provide
appropriate care for all residents (See (JAR 411-050- 0445(1)(e));
(c) There is an additional 40 square feet of common living spade for each person above
the fiv� residents;
(d) Bedrooms and bathrooms meet the requirements of OAR 411 050 - 0445(3) and (4);
(e) They care needs of day care and respite person(s) are within the classification of the
license and any conditions imposed on the license;
(f) The well -being of the household including any children or other family members will
not be jeopardized; and
(g) If here are day care persons in the home licensees must have arrangements for day
care pe�sons to sleep in areas other than a resident's bed, a resident's private room, or
space designated as common use, in accordance with OAR 411- 050- 0445(4)(c).
No where does it allow for or permit the number to be increased past five persons. This
law was passed after careful consideration of the affect an Adult Care Facility would
have of a residential neighborhood. The number was reached with analysis of traffic
impact land overall quality of a neighborhood.
This bddy should not overturn the long held decision to limit the number to five_
Additidnally, the traffic already impacts the neighborhood. On any given day, several
cars arw� parked on the street at the Care Facility. There is a car for the employees, the
owner, and the visitors. There are regular deliveries and service providers on a weekly
basis. here are also ambulances on a monthly basis. There is no garage use so the
parkin i% limited to two in the driveway and the rest can 134 street.
Furthermore, the owner does not reside at the Adult Care Facility and so it is left to the
overni6t staff to deal with issues in the middle of the night. The overnight staff person
has always been a young person and comes to the neighbors for help on a regular basis.
The increased number will only increase this situation.
The ov�ner will have to hire additional staff to help with the extra patients. This will also
increas� the traffic and the amount and flow of people in and out of the Care Facility. The
additional visitors will also affect the traffic on a regular basis.
Overall, the proposed increase will greatly affect the neighborhood, the traffic and the
quiet ei joyment of each home owner.
F
request that you deny the applicant her request to expand the Adult Care
Michael J. Moiso
(503)98 -9582
RECEIVED
ANDREW H. STAMP, P.C. MAY 1 7 2010
ATrURN LAW CITY OF TIGARD
Kruse- Mercantile Professional Offices, Suite lPLANK rG.rn:NGINEER►NG
4248 Galewood St.
Lake Oswego, OR 97035
Admitted m Oregon.
17 MAY- 10
VIA HAND DELIVERY AND EMAIL
City of Tigard Community Development Dept.
Attn: Land Use Hearings Officer Joe Turner
Permit Center Building
13125 SW Hall Blvd.
Tigard, OR 97223
Tele: 503.675.4318
Fax: 503.675.4319
andrewstamp @comcast.net
Re: Danielle Wilde CUP
Applicant s, f nal Argument
Dear Mr. Turner:
Please consider this letter as our final argument submitted pursuant to ORS 197.763(6).
With the exception of the issue regarding the dedication, we agree with the staff report
dated April 30, 2010. Staff has submitted a memo dated May 10, 2010 that addresses the
Nollan / Dolan issue we raised in our email dated May 4, 2010 concerning the dedication of real
property. t We agree with the proposed condition of approval set forth in the May 10, 2010 staff
Memorandum, and ask only that the word "dedicate" in the proposed condition ser forth therein
be changed to the word "grant." We ask that this condition, as modified, replace the proposed
condition No. 1 in the staff report dated April 30, 2010.
We turn to the issues raised by the opponent, attorney Michael J. Moiso, OSB 930802(!),
1. The Opponent's Assertion, that a Residential Care Facility is Not Intended to be
Allowed in Residential Zones, Is Not Well Taken.
Although his arguments were somewhat difficult to follow, M.r. Moiso argued that state
law definitions of "Adult Foster Home" and "Residential Care Facility" indicated legislative
intent to allow AFH's in residential zones, but that RCFs should be located elsewhere. See
Moiso letter dated May 10, 2010. However, even a quick read of ORS 197.660 el seq. and
' Our May 4. 20 IU email should be part of the record in this case.
Mr. Joe Turner
17 May 2010
Page 2
Chapter 443 reveals that to the extent that the state is setting forth generalized land use policy
therein, it is doing so in a manner that works against Mr. Moiso.
ORS 197.773 sets forth the legislative findings regarding group homes, and provides as
follows:
The Legislative Assembly finds and declares that:
(1) It is the policy of this state that persons with disabilities and
elderly persons are entitled to live as normally as possible within
communities and should not be excluded from communities
because their disability or age requires them to live in groups;
(2) There is a growing need for residential homes and residential
facilities to provide quality care and protection for persons with
disabilities and elderly persons and to prevent inappropriate
placement of such persons in state institutions and nursing homes;
(3) It is often difficult to site and establish residential homes and
residential facilities in the communities of this state;
(4) To meet the growing need for residential homes and residential
facilities, it is the policy of this state that residential homes and
residential facilities shall be considered a residential use of
property for zoning purposes: and
(5) It is the policy of this state to integrate residential facilities into
the communities of this state. The objective of integration cannot
be accomplished if residential facilities are concentrated in any one
area. (Emphasis added).
By reading that policy statement and comparing it to the opponent's testimony presented that the
hearing last week, it is apparent that state policy goes directly against the interests advanced by
Mr. Moiso. ORS 197.660(2) defines the term "residential home" as follows:
"Residential home" means a residential treatment or training
home, as defined in ORS 443.400, a residential facility registered
under ORS 443.480 to 443.500 or an adult foster home licensed
under ORS 443.705 to 443.825 that provides residential care alone
or in conjunction with treatment or training or a combination
thereof for five or fewer individuals who need not be related. Staff'
2 Note that the state does have a limited role in approving the location of RCFs, in order to "prevent the
perpetuation of segregated housing patterns." See ORS 443.422, ORS 443.420 that states that "a residential facility-
must be in substantial compliance with applicable state and local laws, rules, codes, ordinances and permit
requirements." Other than that, the state does not have zoning requirements for RCFs.
Mr. Joe Turner
17 May 2010
Page 3
persons required to meet licensing requirements shall not be
counted in the number of facility residents, and need not be related
to each other or to any resident of the residential home.
ORS 197.665 makes a "residential home" a permitted use in any residential zone.
(1) Residential homes shall be a permitted use in:
(a) Any residential zone, including a residential zone which
allows a single - family dwelling; and
(b) Any commercial zone which allows a single - family
dwelling.
(2) A city or county may not impose any zoning requirement on
the establishment and maintenance of residential home in a zone
described in subsection (1) of this section that is more restrictive
than a zoning requirement imposed on a single - family dwelling in
the same zone.
(3) A city or county may:
(a) Allow a residential home in an existing dwelling in any
area zoned for farm use, including an exclusive farm use
zone established under ORS 21.5.203;
(b) Impose zoning requirements on the establishment of
residential home in areas described in paragraph (a) of this
subsection, provided that these requirements are no more
restrictive than those imposed on other nonfarm single -
family dwellings in the same zone; and
(c) Allow a division of Land for a residential home in an
exclusive farm use zone only as described in ORS
215.263(9).
See also OAR Ch. 411 Div. 050 (rules governing Adult Foster Care Homes),
Ms. Wilde currently operates an "adult foster care home." She is seeking approval to
convert that facility to a "Residential Care facility" so that she can house three more individuals
(for a total of eight paying residents). ORS 197.660(1) defines the term "residential facility" as
follows:
"Residential facility" means a residential care residential training
or residential treatment facility, as those terms are defined in ORS
443 that provides residential care alone or in conjunction
3 The following definitions are set forth among the various definitions in ORS 443.400
(4) "Residential care" means services such as supervision protection. assistance
while bathing, dressing, grooming or eating; management of money;
transportation; recrcation; and the providing of room and board.
Mr. Joe Turner
17 May 2010
Page 4
with treatment or training or a combination thereof for six to
fifteen individuals who need not be related Staff persons required
to meet licensing requirements shall not be counted in the number
of facility residents, and need not be related to each other or to any
resident of the residential facility. (Emphasis added).
ORS 197.667 makes a "residential facility" a permitted use in any residential zone where multi-
family housing is a permitted use, and makes it conditional use in any zone where multi- family
housing is a conditional use:
(1) A residential facility shall be a permitted use in any zone where
multifamily residential uses are a permitted use
(2) A residential facility shall be a conditional use in any zone
where multifamily resi dential uses are a conditional use
(3) A city or county may allow a residential facility in a residential
zone other than those zones described in subsections (1) and (2) of
this section, including a, zone where a single - family dwelling.; is
allowed.
(4) A city or county may require an applicant proposing to site a
residential facility within its jurisdiction to supply the city or
county with a copy of the entire application and supporting
documentation for state licensing of the facility, except for
information which is exempt from public disclosure under ORS
192.410 to 192.505. However, cities and counties shall not require
independent proof of the same conditions that have been required
by the Department of Human Services under ORS 418.205 to
418.327 for licensing of a residential facility. (Emphasis added).
See also OAR Ch, 411 Div. 054 (rules governing Residential Care Facilities).
In this case, the property is zoned "R -25." According to Table 18.510.1, multi - family
units are a permitted use in the R -25 zone. The Tigard Community Development Code (TCDC)
provides that "group living" facilities are either a use permitted outright or a conditional use,
depending on the number of residents the facility is capable of serving. Footnote 3 to Table
18.510.1 states that "Group Living with five or fewer residents permitted by right; group living
with six or more residents permitted as a conditional use." Thus, it appears that the City of
(5) "Residential care facility" means a facility that provides, for six or more
socially dependent individuals or individuals with physical disabilities,
residential care in one or more buildings on contiguous properties.
(6) "Residential facility"' means a residential care facility. residential training
facility, residential treatment facility, residential training home or residential
treatment home.
Mr. Joe Turner
17 May 2010
Page 5
Tigard is exceeding its authority by regulating a Residential Care Facility" as a conditional use in
the R -25 zone. Under state law, it should be regulated as a permitted use.
But even putting that issue aside, by designating the proposed use as a "conditional use,"
the code is making the legislative policy decision to allow RCFs in the residential zone "if the
site is appropriate and if other appropriate conditions of approval can be met." TCDC
18.330.010. The code states that conditional uses are those "which due to the nature of the
impacts on surrounding land uses and public facilities require a case -by -case review and
analysis." Id. For this reason, Mr. Moiso is wrong to argue that RCFs should be per se excluded
from residential zones. His argument is really nothing more than a collateral attack on the
legislative adoption of the zoning zone, and is therefore is untimely.
2. The Opponent is Wrong When he Asserts that the Next Owner Will be Able to
Expand the Residential Care Facility with Ease, Thereby Increasing the Impact to
the Neighborhood.
Mr. Moiso asks the hearing officer to deny Ms. Wilde's CLIP because of the concern that
future owners may try to expand the facility, thereby increasing impacts on Mr. Moiso's tenants.
Unlike Mr. Moiso's first argument, which is too late to be addressed in this proceeding, this
second concern is simply premature. The TCDC requires that any "major modification" of a
conditional use permit undertake a new land use process. See TCDC 18,330.020. The triggers
for a new CUP process set a threshold which is quite low. For example, a "10 % increase in the
approved density" of the facility would constitute a "major modification" and thereby trigger a
new Type III CUP permitting requirement. See TCDC 1.8.330.020(B)(2)(h). Again, putting
aside the issue we raised supra regarding the ability of the City to regulate RCFs as a conditional
use at all, it appears that Mr. Moiso has nothing to fear because any expansion over 10 % would
trigger a new CUP requirement. Since 10 % of eight is .8, even adding one more resident beyond
eight would be greater than 10 %.
As a practical matter, the size of the site provides a practical limit on how much
expansion can occur. RCFs, though favored under state law, still must abide by all of the typical
zoning standards such as building height, setbacks, etc. This current site is currently built out to
a point where an addition could only go vertically, and that seems unlikely given the extreme
amount of cost involved with raising the roof. Moreover, other standards such as the off - street
parking requirement would be difficult, if not impossible, to satisfy.
Moreover, the applicant here has placed a limit on the amount of increase in residents she
seeks, to eight (8) paying residents total, (i.e. excluding staff and owners, etc.). Even in the
absence of specific conditions of approval, statements made by the applicant for the purpose of
establishing compliance with an approval criteria are binding on the applicant, and, by extension,
subsequent owners. The case of Frwikland tip. Cite of Lake Oswego, 267 Or 452, 517 P2d 1042
(1973) instructs that the applicant's plans are binding on both it and the local government. In
Frwtkland, the applicant gained approval by showing artist conceptual drawings that showed a
particular architectural style. The city's decision did not necessarily insist on that particular
A At this point, the applicant has already submitted a CUP application but in the event of a denial, we preseme this
issue for appeal if needed.
Mr. Joe Turner
17 May 2010
Page 6
style, and the applicant proceeded to build something quite different. A law suit ensued, and the
Supreme Court held that the developer constructed apartment buildings that violated the planned
unit development ordinance because those buildings bore no resemblance to sketches submitted
with final development plan. The court held that the fact that the code required the presentation
of site plans implicitly meant that such plans would be binding on the applicant. It follows, then,
that what is approved by a land use decision must be considered in relation to what was applied
for. In this case, the applicant has specifically limited the scope of the requested use, and those
assertions are binding on the applicant and future owners.
3. The Opponent is Wrong When he Asserts that Future Owners Will Disregard
Conditions of Approval, and that Conditions of Approval are Not Binding on
Future Owners.
As an initial matter, Mr_ Moiso is wrong when he states that conditions of approval are not
binding on subsequent landowners. See generally OILS 93.040; l ndresen v.Afarion County, 15
Or LUBA 60 (1986). In addition, TCDC 18.230.060, a section entitled "Abatement of
Violations," provides as follows:
Abatement of violations. &y development or use which occurs
contrary to the provisions of this title or cont to any ep rmit or
approval issued or granted u nder this title is unlawful and may be
abated by appropriate proceedings.
Thus, not only is Mr. Moiso's concern speculative, it is really nothing more than a potential
code enforcement issue, and not a basis for denial. See Champion v. City of Portland, 28 Or
LUBA 618 (1995) ( "Illegal acts, such as those alleged by petitioner, might provide the basis for a
code enforcement proceeding. However, petitioner fails to show that the alleged illegal activity
by the applicants is relevant to any legal standard applicable to the approvals granted by the city
in the decision challenged in this appeal. "); C'ar?field v. Lane County, 16 Or LUBA 951, 961.
(1988) ( "Petitioner's view that the conditions will be violated is speculation. We do not believe
the county is obliged to assume future violations of the condition. ").
4. The Opponent's Concern That Complaint- Driven Code Enforcement Systems
"Shifts the Burden" to the Neighbors to Make a Phone Call in Order to Report
Code Violations is Not A Basis For Denial.
Mr. Moiso complained that the land use system uses a complaint - driven code
enforcement process. He states that such a system "shifts the burden" to him because if there is a
code violation occurring at the subject property, he has to make a phone call to the city.
Apparently, this would be a large inconvenience for Mr. Moiso. His proposed alternative
solution is to simply not allow the land use to occur in the first place, thereby limiting the need
for Mr. Moiso to file a complaint. However, this issue — whatever its merits - does not relate to
an approval criterion and does not, therefore, provide a basis for denial.
5. The Opponent Was Unable to Substantiate His Concern that the Proposed RCF
Will Have Any Impacts on the Neighborhood.
Mr. Joe Turner
17 May 2010
Page 7
Mr. Moiso's presentation was perhaps at its worst when he testified about supposed
"impacts" that he believed would occur as a result of the expansion. When pressed for specifics,
Mr. Moiso did not really come up with much in the way of substance to back up his fears.
Mr. Moiso stated that he was concerned that people visiting the RCF might end up
"parking on his side of the street." On- street parking is allowed on both sides of the entire length
of the local street in question. Staff testified that there was sufficient room for parking on both
sides of the street while still allowing 2 -way traffic. Staff further noted that there is room for
four or five vehicles in front of the subject property. Regardless of that, however, we fail to see
how people parking on "his" side of the street qualifies as an "impact" in any event. Life in an
urban environment necessarily involves interaction with homeowners, pedestrians, and vehicles.
Streets are intended for use by the public. Anybody who does not like the fact that other people
may park on "their" side of the street probably is not well- suited to living in an urban area. In
short, we do not see this as relating to a legitimate "impact" that should be addressed by this land
use approval.
In terms of actual traffic impact, the testimony from the applicant makes clear that the use
will not generate excessive traffic. For example, the applicant testified that, at most, each
resident is visited one to two times per week — and some of the folks only receive one visitor a
month on average. With eight residents living at the facility, one should predict a statistical
average of 1.6 -32 or so visitor "trips" per week (assuming one visit equals two "trips. "). That
works out to — at most - approximately 3-4 trips per day by visitors. Considering that visitors
come at different times, the impact of such visits on parking or road capacity is not extreme.
The applicant testified that she has two employees. She testified that those employees
work three to four days at a time, and during that time, they do not generally leave the site.
Thus, there are 6 -8 trips maximum over the four -day period generated by her and her
employees. With consideration of the applicant and her boyfriend/worker, there would be 8 -10
trips per day, and perhaps a few more on days when deliveries are made. Based on data from the
ITE Trip Generation Manual, Eighth Edition, the addition of a single family home is expected to
result in one additional trip during the morning peak hour, one additional trip during the evening
peak hour, and ten additional trips per day. There is simply no reasonable basis to conclude that
the proposed use will somehow "break" the transportation system or otherwise cause
unreasonable traffic impacts for the neighborhood.
Mr. Moiso also expressed concerns about the safety of the neighborhood being
compromised if old people are allowed to live in the neighborhood. Mr. Moiso further suggested
that Ms. Wilde does not do a good enough job of screening the residents of her facility, and that
it is possible that a resident may cause harm to the neighbors. However, these concerns are
unfounded and speculative, Since Ms. Wilde lives on the subject property, it stands to reason that
she will make prudent choices about who she will allow to live in her home. Beyond that,
however, the alleged fear of old folks terrorizing the neighborhood seems a bit far- fetched. The
types of people that live in these facilities are folks that cannot care for themselves due to
advanced age and acute medical issues. There is simply no evidence that these types of people
pose a threat to the neighborhood. Given the legislative finding that "[ij is the policy of this
Mr. Joe Turner
17 May 2010
Page 8
state to integrate residential facilities into the communities of this st aff it seems that Mr. Moiso
is on the wrong; end of a policy debate that has already been decided against him.
Mr. Moiso also expressed concerned that he and/or other neighbors will be asked to help
in emergency situations. As the applicant testified, Mr. Moiso had become friends with one of
her former employees, and that employee apparently felt familiar enough with Mr. Moiso to seek
his assistance one evening;. That was an isolated incident and is not a regular practice, as he
alleged in his May 10, 2010 letter. As Ms. Wilde testified, at this point there are always two
staff members on site and the facility is equipped with a hoist if a resident needs to be picked up
off the floor. Ms. Wilde can call 9 -11 if paramedics are needed. Therefore, Mr. Moiso's
testimony is simply not credible and provides no basis for a denial.
In his May 1.0, 2010 letter„ Mr. Moiso raises the issue of "noise" from the facility, but
then never makes any attempt to substantiate the concern. We therefore consider the issue to be
undeveloped and not a valid basis for denial.
6. The Opponents Do Not provide a Basis for Denial When They Argue that Since the
Home has .Five Bedrooms for Residents That Ms. Wilde will be Able to
Accommodate Ten Residents (2 per room).
Mr. Moiso stated that the facility is already "bursting at the seams" and could not handle
the expansion to eight residents. The applicant testified that the state mandates 80 s.f. of
bedroom floor space for each resident, which, as a practical matter, places a restriction on the
amount of residents that can be housed within the facility. OAR 411- 054 - 2000(4). The Tigard
Code does not have an approval criterion that relates to space, and so we do not see this issue as
being a valid basis for denial.
7. The Property Value of Adjacent Homes is Not a Valid Consideration Because it is
Not an Approval Standard.
Protection of property value is not an approval standard for this case. Therefore, the
opponent's comments on this issue provide no basis for denial. Tucker v.Douglas County, 28 Or
LUBA 134 (1994); Sunburst II Homeowners Assn v. City of West Linn, 17 Or LUBA 401 (1989).
5 OAR 411- 054 - 2000(4) provides as follows:
(4) RESIDENT UNITS. Resident units may be limited to a bedroom only, with bathroom facilities centrally located
off common corridors. Each resident unit shall be limited to not more than two residents.
(a) For bedroom units, the door must open to an indoor, temperature controlled common area or common corridor
and residents may not enter a room through another resident's bedroom.
(b) Resident units must include a minimum of 80 square feet per resident exclusive of closets, vestibules, and
bathroom facilities and allow for a minimum of three feet between beds;
(c) All resident bedrooms must be accessible for persons with disabilities, meeting requirements of the OSSC, FHA,
and the ADA.
(d) A lockable storage space (e.g.. drawer, cabinet, or closet) must be provided for the safekeeping of a resident's
small valuable items and funds. Both the administrator and resident may have keys.
Mr. Joe Turner
17 May 2010
Page 9
Conclusion.
For all of the reasons stated above, the opponents have not provided any legitimate
reason for denial. The staff report correctly points out the applicant has met their burden of proof
and therefore the proposed use must be approved.
Sincerely,
ANDREW H. STAMP, P.C.
Andrew H. Stamp
AHS.ahs
cc: client
Steve Bloomquist
City of Tigard
Hearings Officer — Agenda
MEETING DATE: May 10, 2010, 7:00 p.m.
MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223
STAFF REPORTS: Available to the public 7 days prior to the hearing date
Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Hearings Officer
meetings bynoon on the Fridayprior to the meeting. Please call 503 - 639 -4171, ext. 2438 (voice) or 503 - 684 -2772 (TDD -
Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for qualified sign language
interpreters for persons with speech or hearing impairments; and qualified bilingual interpreters.
Since these services must be scheduled with outside service providers, it is important to allow as much lead time as
possible. To request such services, please notify the City of Tigard of your need(s) by 5:00 p.m. no less than one (1) week
prior to the meeting date at the same phone numbers listed above so that we can make the appropriate arrangements.
1. CALL TO ORDER
2. PUBLIC HEARING
2.1 WILDE RESIDENTIAL CARE FACILITY
CONDITIONAL USE PERMIT (CUP) 2009 -00003
ADJUSTMENT (VAR) 2009 -00021
PROPOSAL: A request for Conditional Use approval on a 0.17 -acre site to expand an existing adult foster
care facility in a single - family dwelling to exceed five beds. The project includes adding three beds to the
existing five -bed adult foster care facility. A Special Adjustment is also requested for a reduction in the
minim off - street parking requirement from four to three spaces.
LOCATION: 12550 SW 134th Avenue; Washington County Tax Assessor's Map 2S104AC, Tax Lot 02700.
ZONE: R-25: Medium High - Density Residential District. The R-25 zoning district is designed to
accommodate existing housing of all types and new attached single - familyand multifamilyhousing units at a
minimum lot size of 1,480 square feet. A limited amount of neighborhood commercial uses is permitted
outright and a wide range of civic and institutional uses are permitted conditionally.
APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330,18.360, 18.370,
18.390, 18.510, t8.705,18.725,18.745, 18.765, 18.780,18.790,18.795 and 18.810.
3. OTHER BUSINESS
4. ADJOURNMENT
HEARINGS OFFICER AGENDA — MAY 10, 2010
City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 503 - 639 -4171 1 www.tigard - or.gov I Page 1 of 1
COMMUNITY
NEVWSPAPER,S
'
6605 SE Lake Road, Portland, OR 97222
PO Box 22109 Portland OR 97269 -2109
Phone: 503- 684 -0360 Fax: 503- 620 -3433
E -mail: legals0commnewspapers.com
AFFIDAVIT OF PUBLICATION
State of Oregon, County of Washington, SS
I, Charlotte Allsop, being the first duly sworn,
depose and say that I am the Accounting
Manager of The Times (serving Tigard,
Tualatin & Sherwood), a newspaper of
general circulation, published at Beaverton,
in the aforesaid county and state, as defined
by ORS 193.010 and 193.020, that
City of Tigard
Public Hearing /Cup 2009 - 00003;
Var 2009 - 000021
TT11441
A copy of which is hereto annexed, was
published in the entire issue of said
newspaper for
1
week in the following issue:
April 22, 2010
Dov to V�_ QU
Charlotte Allsop (Accounting M nager)
Subscribed and sworn to before me this
April 22, 2010.
TAR UBLIC FOR OREGON
My commission expires. —mv '–Lol I
Acct #10093001
Attn: Patty Lunsford OFFICIAL SEAL
City of Tigard NOTARY PUBLIC UOREGON
13125 SW Hall Blvd COMMISSION NO. 422662
Tigard, OR 97223 MY COMMISSION EXPIRES NOVEMBER 28, 2011
Size: 2 x 10.5
Amount Due: 175.35*
*Please remit to the address above.
AC HEARING ITEM
., following will be considered by the
Tig.,. •d`Hearings Officer on Monday May
1: 10, 2010 at 7:00 PM at the Tigard Civic
Center - Town Hall, 13125 SW Hall Blvd.,
. Tigard, Oregon. Both public oral and written
testimony is invited.
The public hearing on this matter will be
conducted in accordance with the Tigard
Municipal Code and the rules of procedure adopted by the
Council and available at City Hall or the rules of procedure set
forth in Chapter 18.390. Testimony may be submitted in writing
prior to or at the public hearing or verbally at the public hearing
only. Failure to raise an issue in person or by letter at some point
prior to the close of the hearing accompanied by statements or
evidence sufficient to afford the decision -maker an opportunity
to respond to the issue precludes appeal to the Land Use Board
of Appeals based on that issue. Failure to specify the criterion
from the Community Development Code or Comprehensive
Plan at which _a comment is directed precludes an appeal based
on that criterion.
A copy of the application and all documents and evidence
submitted by or on behalf of the applicant and the applicable
criteria are avai'able for inspection at no cost. A copy of the
staff report will be made available for inspection at no cost at
least seven (7) days prior to the hearing, and copies for all items
can also be provided at a reasonable cost.
Further information may be obtail ed"1`rom the"P'lanniiig Dlvi'sion
(staff contact: Gary Pagenstecher, Associate Planner) at
13125 SW Hall Blvd., Tigard, Oregon 97223, by calling 503-
639-4171, or by e-mail to garyp @tigard - or.gov.
CONDITIONAL USE PERMIT
(CUP) 2 009- 00003/ADJUSTMENT (VAR) 2009 -00021
- WILDE RESIDENTIAL CARE FACILITY -
PROPOSAL: A request for Conditional Use approval on a
0.17 -acre site to expand an existing adult foster care facility
in a single - family dwelling to exceed five beds. The project
includes adding three beds to the existing five -bed adult foster
care facility. A Special Adjustment is also requested for a
reduction in the minimum off -street parking requirement from
four to three spaces. LOCATION: 12550 SW 134th Avenue;
Washington County Tax Assessor's Map 2S104AC, Tax Lot
02700. ZONE: R -25: Medium High- Density Residential
District. The R -25 zoning district is designed to accommodate
existing housing of all types and new attached single - family and
multifamily housing units at a minimum lot size of 1,480 square
feet. A limited amount of neighborhood commercial uses is
permitted outright and a wide range of civic and institutional
uses are permitted conditionally. APPLICABLE REVIEW
CRITERIA: Community Development Code Chapters 18.330,
18.360, 18.370, 18.390, 18.510, 18.705, 18.725, 18.745, 18.765,
18.780, 18.790, 18.795 and 18.810.
i
Publish 04 /22/2010. TT 11441
Agenda Item: 2.1
Hearing Date: Mav 10.2010 Time: 7:OOPh
STAFF REPORT TO THE
HEARINGS OFFICER
FOR THE CITY OF TIGARD, OREGON
SECTION I. APPLICATION SUMMARY
FILE NAME: WILDE RESIDENTIAL CARE FACILITY
CASE NOS: Conditional Use Permit (CUP) CUP2009 -00003
Special Adjustment (VAR) VAR2009 -00021
APPLICANT: Steve Bloomquist OWNER: Danielle Wilde
Harris McMonagle Associates Inc. 12550 SW 134th Avenue
8740 SW Scoffins Street Tigard, OR 97224
Tigard, OR 97223
PROPOSAL: The applicant requests Conditional Use Approval to expand an Adult Foster Care
facility in an existing single- family dwelling from five to eight beds. The subject 0.17 -
acre site is located at 12550 SW 134th Avenue. The project includes indoor
improvements to accommodate eight beds and outdoor improvements to
accommodate an additional parking space. A Special Adjustment for reduction in the
minim parking requirement from four to three spaces is also requested.
LOCATION: The project is located at 12550 SW 134th Avenue, Washington County Tax
Assessor's Map 2S104AC, Tax Lot 02700.
ZONING: R -25: Medium High- Density Residential District. The R -25 zoning district is designed
to accommodate existing housing of all types and new attached single- family and
multifamily housing units at a minimum lot size of 1,480 square feet. A limited amount
of neighborhood commercial uses is permitted outright and a wide range of civic and
institutional uses are permitted conditionally.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.330, 18.360, 18.370, 18.390, 18.510,
18.705, 18.725, 18.745, 18.765, 18.780,18.790, 18.795 and 18.810.
SECTION II. STAFF RECOMMENDATION
Staff recommends that the Hearings Officer find that the proposed Conditional Use will not adversely
affect the health, safety and welfare of the City and meets the Approval Standards for a Conditional Use as
outlined in this report. Therefore, Staff recommends APPROVAL, subject to the following
recommended Conditions of Approval:
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CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING
ANY ONSITE IMPROVEMENTS, INCLUDING GRADING, EXCAVATION AND /OR FILL
ACTIVITIES:
Submit to the Current Planning Division (Gary Pagenstecher, (503) 718 -2434) for review and
approval:
1. Prior to site work, the applicant shall submit a Type II application for a variance to the R -25
development standard reducing the required 20 -foot distance between property line and garage
entrance to 18 feet. In addition, the applicant shall submit a Type I appcation for a development
adjustment to reduce the R -25 front yard standard of 15 feet to 14 feet. These applications may be
run concurrently.
2. Prior to site work, the applicant shall submit a revised Site Plan demonstrating that the site
contains a minim of two (2) bicycle parking spaces pursuant to the applicable Bicycle Parking
Design standards in Tigard Development Code (MC) 18.765.050.
Submit to the Development Engineer (Gus Duenas, 503 - 718 -2470) for review and approval:
3. This project does include public facility improvements involving the widening of a driveway and
planting of street trees and requires issuance of a PFI permit. Six (6) sets of detailed plans
covering the proposed improvements shall be submitted for review to the Development Engineer.
PFI permit plans shall conform to City of Tigard Public Improvement Design Standards, which
are available at City Hall and the City's web page (www.tigard - or.gov).
4. An erosion control plan shall be provided as part of the PFI permit drawings. The Ian shall
conform to Clean Water Services _pro and Construction Standards (Resolution and 8rder No.
07 -20) Chapter 2. No work on -site shalt commence until the erosion control permit is issued.
The PFI permit plan submittal shall include the exact legal name, address and telephone number of
the individual or corporate entity who will be designated as the "Permittee ", and who will provide
the financial assurance for the public improvements. For example, specify if the entity is a
corporation, limited partnership, LLC, etc. Also specify the state within which the entity is
incorporated and provide the name of the corporate contact person. Failure to provide accurate
information to the Development Engineer will delay processing of project documents.
6. The applicant shall provide a construction vehicle access and parking plan for approval by the City
Engineer. The purpose of this plan is for parking and traffic control during the construction
phase.
7. The applicant shall submit a preliminary sight distance certification by a registered professional
engineer as part of the PFI permit application.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO FINAL APPROVAL OF THE SITE PERMIT IMPROVEMENTS.
Submit to the Current Planning Division (Gary Pagenstecher, (503) 718 -2434) for review and
approval:
8. Prior to final approval of the site permit, the applicant shall call for a final planning inspection to
ensure the project was completed per the approved plan.
Submit to the Development Engineer (Gus Duenas, 503 - 718 -2470) for review and approval:
9. Prior to final inspection of the public improvements, the applicant shall provide the City with as-
built drawings of the improvements as follows: 1) 3 mil mylar, 2) a disk of the as- builts in "DWG"
format, if available; otherwise "DXF" will be acceptable, and 3) the as -built drawings shall be tied
to the City's GPS network.
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10. Prior to final inspection, the applicant's engineer shall submit a final sight distance certification for
the driveway connections to SW 134th Avenue.
11. Prior to final inspection, the applicant shall execute a restrictive covenant with the City for
participation in future improvements to expand SW 134' Avenue to the ultimate section.
THIS APPROVAL MUST BE IMPLEMENTED WITHIN 18 MONTHS
FROM THE EFFECTIVE DATE OF THE HEARINGS OFFICER'S DECISION.
SECTION III. BACKGROUND INFORMATION
Proposal:
The applicant requests Conditional Use Approval (CUP2009- 00003, VAR2009- 00021) to expand an existing
Adult oster Care facility in a single - family dwelling to exceed five beds. The subject 0.17 -acre site is located
at 12550 SW 134th Avenue. The project includes adding several beds to the existing five -bed adult foster
care facility. A Special Adjustment for reduction in the minimum parking requirement from four to three
spaces is also requested.
Site History:
The subject parcel is Lot 171 of MORNINGHILL NO.8 subdivision, developed in the early 1990's. The
parcel is .17 acres in size; the dwelling is 2,850 square feet in size. The owner, Danielle Wilde has operated a
State of Oregon licensed Adult Foster Care facility for five and fewer adults at the dwelling since 1993.
Vicinity Information:
The subject site is a flax developed lot and is currently vegetated with lawn and mature landscaping. Four
parcels abut the site although eight residences are in close proximity to the site and may be affected by the
increased use and additional parking.
Neighbor Comments:
The applicant held a neighborhood meeting on June 4, 2009 with four people in attendance. Questions
predominantly pertained to the number and kind of people the expansion from an adult foster care to a
residential care facility would serve. According to the applicant's narrative, the facility will allow for elderly
care only.
The applicant also submitted with the application materials 13 letters of recommendation from neighbors,
employees, residents and their family members attesting to the professionalism of the facility and its low
impact on the neighborhood.
SECTION IV. REPORT MAKING PROCEDURES, PERMITS AND USE
Use Classification
Chapter 18.130 lists the Use Categories. The proposed Group Living is a use which is permitted as a
conditional use in the R -25 zone.
Surnmaty of Land Use Permits and Decision-making Procedures
Section 18.330.020.A states that a request for approval for a new conditional use shall be processed as a
Type III -HO procedure, as regulated by Chapter 18.390.050, using approval criteria contained in Section
18.330.030A and subject to other requirements in this chapter. Type III -HO procedures apply to quasi -
judicial permits and actions that predominantly contain discretionary approval criteria. Type 111 -HO
actions are decided by the Hearings Officer with appeals being heard by the City Council.
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SECTION V. SUMMARY OF APPLICABLE CRITERIA
Staff has reviewed the proposal for consistency with the following code sections. Findings for these code
sections are in Section VI of this report.
A. Zoning Districts
18.510 - Residential Zoning Districts
B. Applicable Development Code Standards
18.330 - Conditional Use
18.360 - Site Development Review
18.370 - Variances and Adjustments
18.705 - Access Egress and Circulation
18.725 - Environmental Performance Standards
18.745 - Landscaping and Screening
18.765 - Off - Street Parking and Loading
18.780 - Signs
18.790 - Tree Removal
18.795 - Visual Clearance
18.810 - Street and Utility Improvement Standards
C. Impact Study
18.390
SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS
A. ZONING DISTRICTS
Residential Zoning Districts (Chapter 18.510)
Lists the description of the residential Zoning District.
The proposed site is in the R -25 zone. The R -25 zoning district is designed to accommodate existing housing
of all types and new attached single- family and multi - family housing units at a minimum lot size of 1,480
square feet. A limited amount of neighborhood commercial uses are permitted outright and a wide range of
civic and institutional uses are permitted conditionally. The proposed use on the site is an expansion of a 5-
bed adult foster care facility to an eight -bed residential care facility for the elderly and disabled ( "adult
foster care" and "residential care facility" are defined in Oregon statute by the number of residents; both
are termed "group living" in the TDC). "Group Living" for five or less is allowed outright in the R -25 zone;
six and greater residents is a use permitted conditionally in the R -25 zone.
Table 18.510 includes development standards in residential zones related to lot size, width, coverage,
setbacks, height, and landscape requirements. These standards relate to the placement and design of
residential structures.
TABLE 18.510.2 on following page
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TABLE 18.510.2 - (Cont'd.)
DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES
[1] Except this shall not apply to attached units on the lot line on which the units are attached.
[2] Lot coverage includes all buildings and impervious surfaces.
* Multiple - family dwelling unit
** Single- family dwelling unit
FINDING: The existing dwelling met the base development standards prior to this development
application. However, with the required dedication of two additional feet of right -of-
way, the front yard and garage setbacks are no longer consistent, as measured on the
scaled site plan and as shown in the table above. Therefore, the applicant must apply
for a development adjustment for the front yard setback and a variance for the garage
setback. All other base development standards of the R -25 zone are otherwise met, as
shown in the table above.
CONDITION: Prior to site work, the applicant shall submit a Type II application for a variance to the
R -25 development standard reducing the required 20 -foot distance between property
line and garage entrance to 18 feet. In addition, the applicant shall submit a Type I
application for a development adjustment to reduce the R -25 front yard standard of 15
feet to 14 feet. These applications may be run concurrently.
B. APPLICABLE DEVELOPMENT CODE STANDARDS
Conditional Use (Chapter 18.330)
Purpose. The purpose of this chapter is to provide standards and procedures under which a
conditional use may be permitted, enlarged or altered if the site is appropriate and if other
appropriate conditions of approval can be met. There are certain uses which due to the nature of
the impacts on surrounding land uses and public facilities require a case -by -case review and
section.
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R -25
STANDARD
Proposed
SF DU **
Minimum Lot Size
- Detached unit
6,941 sq.ft.
3,050 sq.ft. per unit
- Attached unit
(after dedication)
1,480 sq.ft.
- Duplexes
6,100 sq.ft. or 3,050 sq.ft. per unit
- Boarding, lodging, rooming house
Average Lot Width
None
None
Minimum Setbacks
- Front yard
14 ft.
15 ft.
- Side facing street on
(after dedication)
corner & through lots
NA
10 ft.
- Side yard
6 -16 ft.
5 ft. [1]
- Rear yard
26 ft.
15 ft.
- Side or rear yard abutting more
restrictive zoning district
NA
30 ft.
- Distance between property line
and garage entrance
18 ft.
20 ft.
after dedication
Maximum Height
1 '/z stories
45 ft.
Maximum Lot Coverage [2]
41%
80%
Mimimum Landscape Requirement
59%
20%
[1] Except this shall not apply to attached units on the lot line on which the units are attached.
[2] Lot coverage includes all buildings and impervious surfaces.
* Multiple - family dwelling unit
** Single- family dwelling unit
FINDING: The existing dwelling met the base development standards prior to this development
application. However, with the required dedication of two additional feet of right -of-
way, the front yard and garage setbacks are no longer consistent, as measured on the
scaled site plan and as shown in the table above. Therefore, the applicant must apply
for a development adjustment for the front yard setback and a variance for the garage
setback. All other base development standards of the R -25 zone are otherwise met, as
shown in the table above.
CONDITION: Prior to site work, the applicant shall submit a Type II application for a variance to the
R -25 development standard reducing the required 20 -foot distance between property
line and garage entrance to 18 feet. In addition, the applicant shall submit a Type I
application for a development adjustment to reduce the R -25 front yard standard of 15
feet to 14 feet. These applications may be run concurrently.
B. APPLICABLE DEVELOPMENT CODE STANDARDS
Conditional Use (Chapter 18.330)
Purpose. The purpose of this chapter is to provide standards and procedures under which a
conditional use may be permitted, enlarged or altered if the site is appropriate and if other
appropriate conditions of approval can be met. There are certain uses which due to the nature of
the impacts on surrounding land uses and public facilities require a case -by -case review and
section.
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The applicant requests approval of a new conditional use for the proposed site. The site contains a single -
family dwelling on a residential lot in the R -25 zone. The applicant is requesting a change of use from
Group Living (Adult Foster Care with five or less residents) to Group Living with six or more residents,
which under Note 1, Table 18.510.1 requires a conditional use.
1830.030.A Approval Standards
The Hearings Officer shall approve, approve with conditions, or deny an application for a
conditional use or to enlarge or alter a conditional use based on findings of fact with respect to
each of the following criteria:
The site size and dimensions provide adequate area for the needs of the proposed use;
The proposed use on the site is an expansion of the residential care facility for the elderly from five to
eight persons. The site is 0.17 acres (6,941 square feet) and mostly flat. With the exception of parking, the
impact of the proposed expansion o the number of residents is internal to the dwelling.
The impacts of the proposed use of the site can be accommodated considering size, shape,
location, topography and natural features;
The proposed use on the site is an expansion of a 5 -bed adult foster care facility to an eight -bed residential
care facility for the elderly and disabled. The site is 0.17 acres (6,941 square feet) and mostly flat. With the
exception of parking, the impact of the proposed expansion of the number of residents is internal to the
dwelling. The applicant states the space within the existing dwelling meets the state requirements of 80
square feet of bedroom space per resident for the eight proposed residents. Verification of this is the
responsibility of the state licensing authority and is not considered in this land use review. The proposed
exterior driveway expansion of 12 feet in width and 20 feet in length between the existing garage and
sidewalk can be accommodated considering size, shape, location, topography and natural features of the
site as shown in the Site Plan (Sheet 2).
All required public facilities have adequate capacity to serve the proposal; and
As indicated in the applicant's Impact Study for the proposal and included in Section C below, all required
public facilities have adequate capacity to serve the proposal. However, as noted in Clean Water Service's
letter, the project must obtain a Sewer Connection Permit from the City. The site is currently served by
public sanitary and is being billed using the Residential 1 Rate Method that includes the first five bedrooms
as 1 DUE. With the proposed addition of three residents the site will need to be assessed under the
Residential II Rate Method. An additional DUE is necessary for every two bedrooms over five.
The applicable requirements of the zoning district are met except as modified by this chapter.
Table 18.510 includes development standards in residential zones related to lot size, width, coverage,
setbacks, height, and landscape requirements. As reviewed above, the existing dwelling met the base
development standards prior to this development application. However, with the required dedication of
two additional feet of right -of -way, the front yard and garage setbacks are no longer consistent, as
measured on the scaled site plan and as shown in the table above. Therefore, the applicant has been
conditioned to apply for a development adjustment for the front yard setback and a variance for the garage
setback. All other base development standards of the R -25 zone are otherwise met.
The applicable requirements of 18.330.050 are met; and
Section 18.330.050 includes the following standards for Group Living: a) Minimum lot size shall
be 5,000 square feet; b) Minimum setbacks shall be those in the applicable zone; c) Height
limitation shall be that in the applicable zone; d) Compliance with all state requirements shall be
required; and e) Off - street parking shall be in accordance with Chapter 18.765.
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The subject lot size after dedication will be 6,941 square feet; the minim setbacks are consistent with
the R -25 zone except for the front yard and garage setback which may otherwise be met with application
for a variance and development adjustment as conditioned; the existing story and a half dwelling will
remain the same height and less than the 45 foot height allowed; the applicant states that the applicant's
license from the State Department of Human Services has been applied for and is pending this land use
approval; off - street parking is required at 1.0 /room or 1.0/2.5 beds and is not met by the proposal but
may be met with the variance applied for concurrently with this application. Therefore, provided the
variance is approved, the proposed use may be consistent with the applicable requirements for the group
living conditional use.
The supplementary requirements set forth in other chapters of this Code including but not limited
to Chapter 18.780, Signs, and Chapter 18.360, Site Development Review, if applicable, are met.
The applicable review criteria in this case include the following chapters of the Community Development
Code: 18.330, Conditional Use; 18.360, 18.370, Variances and Adjustments; Site Development Review;
18.390, Decision - Making Procedures; 18.510, Residential Zoning Districts, 18.705, Access, Egress and
Circulation; 18.725, Environmental Performance Standards; 18.745, Landscaping and Screening; 18.765
Off -Site Parking and Loading; 18.780 Signs; 18.790, Tree Removal; 18.795, Visual Clearance Areas; and
18.810 Street and Utility Improvements Standards. All other code chapters are inapplicable as approval
standards. As reviewed above and below in this report, all applicable requirements of the code are either
met or conditioned to be met.
FINDING: With the recommended conditions of approval, or others that the Hearings officer may
apply, the proposed group living expansion can meet the applicable approval standards for
a conditional use.
18.330.030.B Conditions Of Approval
The Hearings Authority may impose conditions on the approval of a conditional use, which are
found necessary to ensure the use is compatible with other uses in the vicinity, and that the
impact of the proposed use on the surrounding uses and public facilities is minimized. These
conditions may include, but are not limited to the following:
Limiting the hours, days, place and /or manner of operation;
Requiring design features which minimize environmental impacts such as noise, vibration, air
pollution, glare, odor and /or dust;
Requiring additional setback areas, lot area, and /or lot depth or width;
Limiting the building height, size or lot coverage, and /or location on the site;
Designating the size, number, location and /or design of vehicle access points;
Requiring street right -of -way to be dedicated and street(s) to be improved;
Requiring landscaping, screening, drainage and /or surfacing of parking and loading areas;
Limiting the number, size, location, height and /or lighting of signs;
Limiting or setting standards for the location and /or intensity of outdoor lighting;
Requiring berms, screening or landscaping and the establishment of standards for their
installation and maintenance;
Requiring and designating the size, height, location and /or materials for fences;
Requiring the protection and preservation of existing trees, soils, vegetation, watercourses,
habitat areas and /or drainage areas;
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Requiring the dedication of sufficient open land area for a greenway adjoining and within the
floodplain when land form alterations and development are allowed within the 100 -year
floodplain; and
Requiring the construction of a pedestrian /bicycle pathway within the floodplain in accordance
with the adopted pedestrian /bicycle pathway plan.
FINDING: The Hearings Authority may impose conditions on the approval of a conditional use which
are found necessary to ensure the use is compatible with other uses in the vicinity and the
impact of the proposed use on the surrounding uses and public facilities is minimi Staff
finds that the proposed expansion of the group living facility from five to eight residents,
with external changes tc the proposed site limited to the addition of one on -site parking
space, does not warrant any conditions beyond those recommended under findings for
other applicable criteria elsewhere in this report.
18.330.050 Additional Development Standards for Conditional Use Types
The standards for Group Living have been reviewed under the conditional use approval standards, above.
Site Development Review (Chapter 18.3601
18.360.020 Applicability of Provisions. Site development review shall be applicable to all new
developments and mayor modification of existing developments.
The proposed change of use from five to eight residents in a group living situation requires a new
conditional use. Therefore, the applicable site development review criteria shall apply.
18.360.090 Approval Criteria. The Director shall make a finding with respect to each of the
following criteria when approving, approving with conditions, or denying an application:
Compliance with all of the applicable requirements of this title including Chapter 18.810, Street
and Utility Standards;
The applicant has proposed and the City's Development Review Engineer is requiring dedication of 2 feet
along the subject property's SW 13e Avenue frontage. As demonstrated in this report, the proposal meets
or has been conditioned to meet all of the applicable requirements of this title including Chapter 18.810.
Trees shall be preserved to the extent possible. Replacement of trees is subject to the
requirements of Chapter 18.790, Tree Removal.
The applicant proposes to retain all trees. There are no trees in the front yard and project area that need
protection. New street trees are proposed for back of sidewalk along SW 134`" Avenue. Therefore, this
criterion is met.
Public Transit. Provisions within the plan shall be included for providing for transit if the
development proposal is adjacent to or within 500 feet of existing or proposed transit route.
The site is located in excess of 500 feet from the nearest bus routes. Therefore, this criterion does not
apply.
Landscaping:
a.All landscaping shall be designed in accordance with the requirements set forth in Chapter
18.745 and a minimum of 15 percent of the gross site area shall be landscaped.
The applicant's Site Plan indicates that approximately 59% of the lot will be landscaped, consistent with
this standard.
Provision for the disabled: All facilities for the disabled shall be designed in accordance with the
requirements set forth in ORS Chapter 447; and
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Provisions for the disabled are required for required walkways within commercial, institutional, industrial
and multi - family residential sites (Chapter 18.705) as well as for arking lots (Chapter 18.765). The
proposed use would not require external walkway retrofitting. However, per the Building Official's
comments for this application, the proposed use would require a change of occupancy permit as well as
appropriate structural, electrical, mechanical, plumbing and site permits. The change of occupancy would
be to R -4 occupancy and would be reviewed under the Oregon Structural Specialty Code. This could
involve many code requirements, but would require an automatic sprinkler system. (Contact Mark
VanDomelen, Building Official, 503 - 718 -2448)
All of the provisions and regulations of the underlying zone shall apply unless modified by other
sections or this title, e.g., Planned Developments, Chapter 18.350; or a variance or adjustment
granted under Chapter 18.370. (Ord. 02 -33)
The proposed development is not a Planned Development. The applicant has applied for a minim
parking adjustment, but parking is not a regulation of the underlying zone. Staff has reviewed this proposal
with all applicable provisions of the underlying R -25 zone, as shown above. The existing dwelling met the
base development standards prior to this development application. However, with the required dedication
of two additional feet of right -of -way, the front yard and garage setbacks are no longer consistent, as
measured on the scaled Site Plan (Sheet 2) and as shown in the table above. Therefore, the applicant has
been conditioned to apply for a development adjustment for the front yard setback and a variance for the
garage setback.
FINDING: According the analysis above, not all of the applicable site development review standards
are met but have been conditioned to be met under the Zoning Districts section of this
report, above.
Variances and Adjustments (Chapter 18.370)
Adjustments to parking standards (Chapter 18.765).
Reduction from minimum parking requirements. By means of a Type II procedure, as governed
by Section 18.390.040, the Director may authorize up to a 20% reduction in the total minimum
vehicle parking spaces required in Section 18.765.070.H when an applicant for a development
permit can demonstrate in a parking study prepared by a traffic consultant or in parking data
from comparable sites that:
(1) Use of transit, demand management programs, and /or special characteristics of the customer,
client employee or resident population will reduce expected vehicle use and parking space
demand for this development, as compared to standards Institute of Transportation Engineers
(ITE) vehicle trip generation rates and minimum city parking requirements, and
(2) A reduction in parking will not have an adverse impact on adjacent uses.
FINDING: Pursuant to Table 18.765.2, Minimum and Maximum Off -Street Vehicle and Bicycle
Parking Requirements, Group Living requires 1 space /room or 1 space/ 2.5 beds. The
applicant states that there will be a total of eight beds resulting in 4 reqquired spaces 8
rooms /2.5 spaces = 3.2 spaces, rounded up to 4 spaces per TDC 18.765.070.C). Staff fin s
that the actual .2 (3 space roposed, 3.2 spaces required) shortfall, without the roundup
factor, represents a 5% (.2/ = .05) reduction request. Due to the minimal request, the
applicant has not provided a parking study by a traffic consultant or parking data from a
comparable site. However, it is clear that the special characteristics of the resident
population (elderly and disabled) will reduce expected vehicle use and parking space
demand for this development. In addition, as the applicant's narrative points out, the
additional parking space proposed would provide sufficient space for employees and
attending medical care providers. The proposed single additional space would maximize
the width allowed for driveways at 30 feet and would minimi the visual impact to the
residential neighborhood of a larger parking facility. On -street parking along the SW 134th
Avenue frontage of the subject property could otherwise accommodate five additional cars.
Therefore, staff recommends the Hearings Officer approve the requested reduction from
the minim parking standards.
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Access, Egress and Circulation (Chapter 18.705)
The provisions of this chapter shall apply to all development including the construction of new
structures, the remodeling of existing structures (see Section 18.360.050), and to a change of use
which increases the on -site parking or loading requirements or which changes the access
requirements.
No building or other permit shall be issued until scaled plans are presented and approved as
provided by this chapter that show how access, egress and circulation requirements are to be
fulfilled. The applicant shall submit a site plan.
The applicant submitted a Site Plan (Sheet 2), which shows the proposed access, egress and circulation.
This standard is satisfied.
All vehicular access and egress as required in Sections 18.705.030H and 18.705.030I shall connect
directly with a public or private street approved by the City for public use and shall be maintained
at the required standards on a continuous basis.
The site has approximately 136 feet of frontage and access on SW 134th Avenue, consistent with this
standard.
Public Street Access (18.705.030.D): All vehicular access and egress as required in Sections
18.705.030H and 18.705.030(I) shall connect directly with a public or private street approved by the
City for public use and shall be maintained at the required standards on a continuous basis.
The existing and proposed driveway configuration provides a walkway between the dwelling entry and the
public sidewalk on SW 134`" Avenue, consistent with this standard.
Access Management �18.705.030.H):
Section 18.705.030.H. states that an access report shall be submitted with all new development
proposals which verifies design of driveways and streets are safe by meeting adequate stacking
needs, sight distance and deceleration standards as set by ODOT, Washington County, the City
and AASHTO.
Preliminary sight distance certification is required. Final sight distance certification is required after
completion of the improvements.
Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the influence
area of collector or arterial street intersections. Influence area of intersections is that area where
queues of traffic commonly form on approach to an intersection. The minimum driveway setback
from a collector or arterial street intersection shall be 150 feet, measured from the right -of -way line
of the intersecting street to the throat of the proposed driveway. The setback may be greater
depending upon the influence area, as determined from City Engineer review of a traffic impact
report submitted by the applicant's traffic engineer. In a case where a project has less than 150
feet of street frontage, the applicant must explore any option for shared access with the adjacent
parcel. If shared access is not possible or practical, the driveway shall be placed as far from the
intersection as possible.
Since the previously approved access will be used, no substantive change to the design of driveways and
streets will occur. The applicant proposes to widen the existing driveway from 18 feet to 30 feet to
accommodate an additional off -street parking space. There is no intersection within 150 of the proposed
expansion.
FINDING: According the analysis above, all of the applicable access, egress and circulation standards
have been met or, in the case of sight distance, are conditioned to be met.
Environmental Performance Standards (18.725)
These standards require that federal and state environmental laws, rules and regulations be applied
to development within the City of Tigard. Section 18.725.030 (Performance Standards) regulates:
Noise, visible emissions, vibration and odors.
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Noise. For the purposes of noise re ation, the provisions of Sections 7.41.130 through 7.40.210 of
y .
the Tigard Municipal Code shall app
Visible Emissions. Within the commercial zoning districts and the industrial park (IP) zoning
district, there shall be no use, operation or activity which results in a stack or other point- source
emission, other than an emission from space heating, or the emission of pure uncombined water
(steam) which is visible from a property line. Department of Environmental Quality (DEQ) rules for
visible emissions (340 -21 -015 and 340 -28 -070) apply.
Vibration. No vibration other than that caused by highway vehicles, trains and aircraft is permitted
in any given zoning district which is discernible without instruments at the property line of the use
concerned.
Odors. The emissions of odorous gases or other matter in such quantities as to be readily detectable
at any point beyond the property line of the use creating the odors is prohibited. DEQ rules for odors
(340 -028 -090) apply.
Glare and heat. No direct or sky reflected glare, whether from floodlights or from high temperature
processes such as combustion or welding, which is visible at the lot line shall be permitted, and; 1)
there shall be no emission or transmission of heat or heated air which is discernible at the lot line of
the source; and 2) these regulations shall not apply to signs or floodlights, in parking areas or
construction equipment at the time of construction or excavation work otherwise permitted by this
title.
Insects and rodents. All materials including wastes shall be stored and all grounds shall be
maintained in a manner which will not attract or aid the propagation of insects or rodents or create a
health hazard.
FINDING: The proposed group living use for eight elderly and /or disabled persons does not typicall y
generate noise, visible emissions, vibrations, odors, glare, heat, insects and rodents.
Therefore, these standards do not apply to the proposed use other than what would be
adequately addressed through other standards included in this staff report.
Landscaping and Screening (18.745)
18.745.030.0 General Provisions
Installation Requirements. The installation of all landscaping shall be as follows:
1. All landscaping shall be installed according to accepted planting procedures.
The accepted planting procedures are the guidelines described in the Tigard Tree Manual. These
guidelines follow those set forth by the International Society of Arboriculture (ISA) tree planting
g ix efines as well as the standards set forth in the most recent edition of the American Institute of
Architects' Architectural Graphic Standards. In the Architectural Graphic Standards there are guidelines
for selecting and planting trees based on the soil volume and size at maturity. Additionally, there are
directions for soil amendments and modifications.
Street Trees (18.745.040):
All development projects fronting on a public street, private street or a private driveway more than
100 feet in length approved after the adoption of this title shall be required to plant street trees in
accordance with the standards in Section 18.745.040.C.
As shown on the applicant's Site Plan (Sheet 2) five flowering cherry street trees are proposed to be
planted within five feet of the public right -of -way on the backside of the sidewalk on SW 134`" Avenue. In
addition, two Sawtooth Oaks, large stature, broad spreading (40'+ wide canopy at maturity) street trees are
proposed to flank the driveway in order to provide a canopy effect. The proposed street trees meet this
standard.
WILDE RESIDENTLA-L CARE FACILITY PAGE 11 OF 18 CUP2009 -00003
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Buffering and Screening (18.745.050):
General provisions.
1. It is the intent that these requirements shall provide for privacy and protection and reduce or
eliminate the adverse impacts of visual or noise pollution at a development site, without unduly
interfering with the view from neighboring properties or jeopardizing the safety of pedestrians
and vehicles;
2. Buffering and screening is required to reduce the impacts on adjacent uses which are of a
different type in accordance with the matrices in this chapter (Tables 18.745.1 and 18.745.2). The
owner of each proposed development is responsible for the installation and effective maintenance
of buffering and screening. When different uses would be abutting one another except for
separation by a right -of -way, buffering, but not screening, shall be required as specified in the
matrix;
3. In lieu of these standards, a detailed buffer area landscaping and screening plan may be
submitted for the Director's approval as an alternative to the buffer area landscaping and
screening standards, provided it affords the same degree of buffering and screening as required
by this code.
The subject property and surrounding abutting properties are all zoned R -25. Therefore the standards in
the Buffer and Screening Tables do not apply.
Screening: special provisions.
Screening and landscaping of parking and loading areas:
a. Screening of parking and loading areas is required. The specifications for this screening
are as follows:
(1) Landscaped parking areas shall include special design features which effectively
screen the parking lot areas from view. These design features may include the use
of landscaped berms, decorative walls and raised planters;
(2) Landscape planters may be used to define or screen the appearance of off - street
parking areas from the public right -of -way;
(3) Materials to be installed should achieve a balance between low lying and vertical
shrubbery and trees;
(4) Trees shall be planted in landscaped islands in all parking areas, and shall be
equally distributed and on the basis of one tree for each seven parking spaces in
order to provide a canopy effect; and
(5) The minimum dimension of the landscape islands shall be three feet and the
landscaping shall be protected from vehicular damage by some form of wheel guard
or curb.
The applicant states that the subject property boundaries are already screened with mature landscaping and
a good neighbor fence. The addition of one parking space adjacent to the existing driveway within the 30-
foot allowed access width for residential driveways is therefore adequately screened.
Screening of refuse containers:
Except for one- and two- family dwellings, any refuse container or refuse collection area which
would be visible from a public street, parking lot, residential or commercial area, or any public
facility such as a school or park shall be screened or enclosed from view by placement of a solid
wood fence, masonry wall or evergreen hedge. All refuse shall be contained within the screened
area.
The existing dwelling is a single - family dwelling being used for Group Living. As such this standard is
arguably applicable. The applicant states in the narrative and shows on the Site Plan (Sheet 2) that a new
refuse holding area located in the side yard will be screened with a five foot fence, consistent with this
standard.
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5/10/2010 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
FINDING: Based on the analysis above, the applicable Landscaping and Screening standards have
been met.
Off - Street Parking and Loading (18.765)
At the time of the erection of a new structure within any zoning district, off - street vehicle parking
will be provided in accordance with Section 18.765.070.
The applicant is not proposing new structures that require additional parking pursuant to Section
18.76570. However, additional beds or rooms within the existing residence require additional off - street
parking in accordance with Section 18.765.070.H. Pursuant to Table 18.765.2, Minimum and Maximum
Off - Street Vehicle and Bicycle Parking Requirements, Group Living requires 1 space /room or 1 space/
2.5 beds. The applicant states that there will be a total of eight beds resulting in four required spaces (8
rooms /2.5 spaces = 3.2 spaces, rounded up to 4 spaces per TDC 18.765.070.C). The applicant proposes
adding one additional space to the two existing dri veway spaces and has requested an adjustment for a
reduction of the minim parking standards. Staff has recommended the Hearings Officer approve the
requested reduction from the minim parking standards in the Variance section of this report, above. If
approved, the minim off - street parking standards can be met.
With regard to access to public streets from off - street parking:
Access drives from the street to off - street parking or loading areas shall be designed and
constructed to facilitate the flow of traffic and provide maximum safety for pedestrian and
vehicular traffic on the site; The number and size of access drives shall be in accordance with the
requirements of Chapter, 18.705, Access, Egress and Circulation;
The proposed expansion of the existing driveway will result in a typical driveway configuration adjacent to
the public sidewalk.
Access drives shall have a minimum vision clearance in accordance with Chapter 18.795, Visual
Clearance;
Preliminary sight distance certification is required. Final sight distance certification is re uired after
completion of the improvements. A vision clearance triangle is shown on the Site Plan (Sheet 2 consistent
with this standard.
Access drives shall be improved with an asphalt or concrete surface;
The applicant has proposed to pave the additional parking space. This criterion is satisfied.
Excluding single- family and duplex residences, except as provided by Subsection 18.810.030P,
groups of two or more parking spaces shall be served by a service drive so that no backing
movements or other maneuvering within a street or other public right -of -way will be required.
The single - family residence is excluded from this standard.
Parking Lot Striping:
Except for single - family and duplex residences, any area intended to be used to meet the off -
street parking requirements as contained in this Chapter shall have all parking spaces clearly
marked; and all interior drives and access aisles shall be clearly marked and signed to show
direction of flow and maintain vehicular and pedestrian safety.
The single - family residence is excluded from this standard.
Wheel Stops:
Parking spaces along the boundaries of a parking lot or adjacent to interior landscaped areas or
sidewalks shall be provided with a wheel stop at least four inches high located three feet back
from the front of the parking stall. The front three feet of the parking stall may be concrete,
asphalt or low lying landscape material that does not exceed the height of the wheel stop. This
area cannot be calculated to meet landscaping or sidewalk requirements.
The single - family residence has a driveway and not a parking lot. Therefore this standard does not apply.
WILDE RESIDENTIAL CARE FACILITY PAGE 13 OF 18 CUP2009 -00003
5/10/2010 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
Drainage:
Off -street parking and loading areas shall be drained in accordance with specifications approved
by the City Engineer to ensure that ponds do not occur except for single- family and duplex
residences, off - street parking and loading facilities shall be drained to avoid flow of water across
public sidewalks.
The single- family residence is excluded from this standard.
Minimum Bicycle Parking Requirements:
The total number of required bicycle parking spaces for each use is specified in Table 18.765.2 in
Section 18.765.070.H. In no case shall there be less than two bicycle parking spaces. Single - family
residences and duplexes are excluded from the bicycle parking requirements. The Director may
reduce the number of required bicycle parking spaces by means of an adjustment to be reviewed
through a Type II procedure, as governed by Section 18.390.040, using approval criteria contained
in Section 18.370.020.C.5.e.
Pursuant to Table 18.765.2, bicycle parking for Group Living is required at 1 space /5 beds. Pursuant to
TDC 18.765.050.C, no less than two bicycle parking spaces are required. The applicant's narrative and Site
Plan did not address this standard. Therefore, a condition of approval shall require the applicant to
demonstrate how this requirement is, or can be, satisfied.
i
FINDING: Based on the analysis above, the off -street parking standards have not been met.
Provided the recommended conditions of approval or other conditions by the
Hearings Officer are imposed, the applicable off -street parking standards can be
met.
CONDITION: The applicant shall submit a revised Site Plan demonstrating that the site contains a
minim of two (2) bicycle parking spaces pursuant to the applicable Bicycle
Parking Design standards in TDC 18.765.050.
Signs (18.780)
Requires that a permit be issued for anv sign that is erected, re- erected, constructed, structurally
altered, or relocated within the City Limits.
FINDING: The applicant is not proposing signage with this application.
Tree Removal (18.790)
Tree plan required. A tree plan for the planting, removal and protection of trees prepared by a
certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a
development application for a subdivision, pamtion, site development review, planned development
or conditional use is filed. Protection is preferred over removal wherever possible.
FINDING: As shown in the applicant's submittal (Sheet 1, Aerial Photo, and other photos of site),
there are no trees in the front yard of the existing dwelling, and therefore no trees that
could be impacted by the limited proposed driveway expansion. No tree plan was
therefore required or submitted with the application.
Visual Clearance Areas (18.795)
When provisions apply. The provisions of this chapter shall apply to all development including
the construction of new structures, the remodeling of existing structures and to a change of use
which increases the on -site parking or loading requirements or which changes the access
requirements.
FINDING: Visual Clearance Area standards apply to the driveway on the proposed site due to the
proposed change of use requiring additional on -site parking. The applicant has provided a
drawing of a visual clearance triangle on the Site Development Plan (Sheet 2), consistent
with this standard.
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5/10/2010 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
Street And Utility Improvements Standards (Chapter 18.810
Chapter 18.810 provides construction standards for the implementation of public and private
facilities and utilities such as streets, sewers, and drainage. The applicable standards are
addressed below:
Streets:
Improvements:
Section 18.810.030.A.1 requires a development to have approved access to a public street.
The existing access was previously approved.
Minimum Rights -of -Way and Street Widths: Section 18.810.030.E requires a local street to have a
54 -foot right -of -way width and varied paved section. A local street is required to have a 27 -foot
right -of -way width from centerline. Other improvements required may include on- street parking,
sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees.
The right -of -way (ROW) requirement for a local street is 54 feet in width, or 27 feet from centerline of
ROW. The applicant proposes to dedicate an additional two feet of additional ROW along the frontage to
increase the existing ROW on that side of the street from 25 feet to 27 feet from centerline of ROW. With
that dedication, the ROW requirement is met.
The existing street has a curb -tight sidewalk and is lacking a planter strip for compliance with the current
development code requirements. However, widening to provide an ultimate section with planter strip and
sidewalk is best performed as part of a larger project to widen the street. Staff concurs with the applicant's
findings that the improvements should be deferred until a larger scale improvement is initiated to widen
the street to ultimate section. In lieu of constructing the improvements, the applicant shall execute a
restrictive covenant with the City for participation in future improvements to expand the roadway to the
ultimate section.
Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design
standards and be located on both sides of arterial, collector and local residential streets. Private
streets and industrial streets shall have sidewalks on at least one side.
The development code requires a 5 -foot sidewalk and 5 -foot planter strip exclusive of curb along the local
street frontage. The existing street system has curbtight sidewalk with no planter strip. This project
proposes to retain the existing 5 -foot curbtight sidewalk and defer relocation of the sidewalk, installation
of a planter strip, and other ancillary improvements until a larger scale project to widen the existing street
is initiated. Staff concurs with that determination.
The applicant proposes to plant street trees along the frontage behind the existing sidewalk.
Bikeways and Pedestrian Pathways:
Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed bikeways
identified on the City's adopted pedestrian /bikeway plan shall include provisions for the future
extension of such bikeways through the dedication of easements or right -of -way.
No bikeways, bike lanes, or pedestrian pathways are required as part of this project. There is a pedestrian
connection from the building to the sidewalk along the frontage. There is no other requirement for the
project.
Utilities:
Section 18.810.120 states that all utility lines, but not limited to those required for electric,
communication, lighting and cable television services and related facilities shall be placed
underground, except for surface mounted transformers, surface mounted connection boxes and
meter cabinets which may be placed above ground, temporary utility service facilities during
construction, high capacity electric lines operating at 50,000 volts or above, and:
WILDE RESIDENTIAL CARE FACILITY PAGE 15 OF 18 CUP2009 -00003
5/10/2010 PUBLIC HEARING STAFF REPORT TO THE HERRINGS OFFICER
• The developer shall make all necessary arrangements with the serving utility to provide the
underground services;
• The City reserves the right to approve location of all surface mounted facilities;
• All underground utilities, including sanitary sewers and storm drains installed in streets by
the developer, shall be constructed prior to the surfacing of the streets; and
• Stubs for service connections shall be long enough to avoid disturbing the street
improvements when service connections are made.
Exception to Under - Grounding Requirement: Section 18.810.120.0 states that a developer shall
pay a fee in -lieu of under - grounding costs when the development is proposed to take place on a
street where existing utilities which are not underground will serve the development and the
approval authority determines that the cost and technical difficulty of under - grounding the
utilities outweighs the benefit of under - grounding in conjunction with the development. The
determination shall be on a case -by -case basis. The most common, but not the only, such
situation is a short frontage development for which under - grounding would result in the
placement of additional poles, rather than the removal of above - ground utilities facilities. An
applicant for a development which is served by utilities which are not underground and which are
located across a public right -of -way from the applicant's property shall pay a fee in -lieu of under -
grounding.
Utilities are already underground in this area. This requirement is met.
ADDITIONAL CITY AND /OR AGENCY CONCERNS WITH STREET AND UTILITY
IMPROVEMENT STANDARDS:
Traffic Study Findings.
The traffic generation from the proposed use is negligible. No traffic study is required. Sight distance
certification is required for this project.
Fire and Life Safety:
Tualatin Valley Fire and Rescue CIVF &R) is the service provider for fire and emergency services.
Comments from TVF &R, if any, need to be incorporated into the project.
Public Water System:
The City of Tigard is the service provider for water in this area. The facility will continue to be served by
the existing water connection.
Storm Water Quality:
The City has agreed to enforce Surface Water Management (SWM) regulations established by
Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and
Order No. 00 -7) which require the construction of on -site water quality facilities. The facilities
shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm
water runoff generated from newly created impervious surfaces. In addition, a maintenance plan
shall be submitted indicating the frequency and method to be used in keeping the facility
maintained through the year.
(For Private Facilities)
To ensure compliance with Clean Water Services design and construction standards, the
applicant shall employ the design engineer responsible for the design and specifications of the
private water quality facility to perform construction and visual observation of the water quality
facility for compliance with the design and specifications. These inspections shall be made at
significant stages throughout the project and at completion of the construction. Prior to final
building inspection, the design engineer shall provide the City of Tigard (Inspection Supervisor)
with written confirmation that the water quality facility is in compliance with the design and
specifications.
(For privately maintained Stormwater Management Units)
The additional impervious area created by the driveway widening is not sufficient enough to require water
quality treatment. No on -site water quality facility is required.
WILDE RESIDENTIAL CARE FACILITY PAGE 16 OF 18 CUP2009 -00003
5/10/2010 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
Grading and Erosion Control:
CWS Design and Construction Standards also regulate erosion control to reduce the amount of
sediment and other pollutants reaching the public storm and surface water system resulting from
development, construction, grading, excavating, clearing, and any other activity which accelerates
erosion. Per CWS regulations, the applicant is required to submit an erosion control plan for City
review and approval prior to issuance of City permits.
An erosion control plan is required as part of the work to expand the driveway.
C. IMPACT STUDY
The impact study shall quantify the effect of the development on public facilities and services.
The study shall address, at a minimum, the transportation system, including bikeways, the
drainage system, the parks system, the water system, the sewer system, and the noise impacts of
the development. For each public facility system and type of impact, the study shall propose
improvements necessary to meet City standards and to minimize the impact of the development
on the public at large, public facilities systems, and affected private property users.
In situations where the Community Development Code requires the dedication of real property
interests, the applicant shall either specifically concur with the dedication requirements, or
provide evidence which supports the conclusion that the real property dedication requirement is
not roughly proportional to the projected impacts of the development.
The applicant has submitted an impact study, which shows that there will be adequate facilities to serve the
proposed group living expansion, as indicated below:
Sanitary Sewer System: There is an eight inch sanitary sewer in SW 134`' Avenue. The facility is currently
connected to this line. As Clean Water Services notes, a connection permit will be required from the City
to change the rate from Residential 1 Rate Method to Residential II Rate Method.
Stormwater System: No additional stormwater measures are proposed to manage the ma%inal increase in
impervious surface. The stromwater will use the existing public system available in SW 134 Avenue.
Water System: An existing water connection serves the site. No additional service is required for the
group living expansion.
Traffic System: The ppro osed site is located on SW 134` Avenue, a local street. The ROW requirement
for a local street is 54 feet in width, or 27 feet from centerline of ROW. The a , pplicant proposes and
s ecifically concurs with the requirement to dedicate an additional two feet of additional ROW along the
frontage to increase the existing ROW on that side of the street from 25 feet to 27 feet from centerline of
ROW. With that dedication, the ROW requirement is met.
The existing street has a curb -tight sidewalk and is lacking a planter strip for compliance with the current
development code requirements. However, widening to provide an ultimate section with planter strip and
sidewalk is best performed as part of a larger project to widen the street. Staff concurs with the applicant's
findings that the improvements should be deferred until a larger scale improvement is initiated to widen
the street to ultimate section. In lieu of constructing the improvements, the applicant shall execute a
restrictive covenant with the City for participation in future improvements to expand the roadway to the
ultimate section.
SECTION VII. OTHER STAFF COMMENTS
The City of Tigard Arborist has reviewed the proposal and provided comment and recommended
conditions as included in findings for the Landscaping and Screening and Tree Removal sections of this
report.
The City of Tigard Public Works Department has reviewed the proposal and had no comments.
WILDE RESIDENTIAL. CARE FACILITY PAGE 17 OF 18 CUP2009 -00003
5/10/2010 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
The City of Tigard Building Department has reviewed the proposal and commented that the proposed
use would require a change of occupancy permit as well as appropriate structural, electrical, mechanical,
plumbing and site permits. The charge of occupancy would be to R -4 occupancy and would be reviewed
under the Oregon Structural Specialty Code. This could involve many code requirements, but would
require an automatic sprinkler system.
The City of Tigard Police Department has reviewed the proposal and has no objections to it.
The City of Tigard Development Engineering Division has reviewed the proposal. Findings are
included in the Access, Egress and Circulation section and Street and Utility Improvements section of this
decision. Requirements are included in the conditions of approval. Full Comments are in the land use file.
SECTION VIII. AGENCY COMMENTS
Verizon has reviewed the proposal and has determined there is no impact to Verizon phone structures.
Tualatin Valley Fire and Rescue (TVF &R) has reviewed the proposal and has no comments or
conditions regarding fire apparatus access or firefighting water supplies.
Clean Water Services (CWS) has reviewed the proposal and states that the project must obtain a Sewer
Connection Permit from the City. The site is currently served by public sanitary and is being billed using
the Residential 1 Rate Method that includes the first five bedrooms as 1 DUE. With the proposed addition
of three residents the site will need to be assessed under the Residential II Rate Method. An additional
DUE is necessary for every two bedrooms over five.
PREPARED
Planner
REVIEWED BY: Ron
Community Development Director
WILDE RESIDENTIAL CARE FACILITY PAGE 18 OF 18
5/10/2010 PUBLIC HEARING
30 4 ZO /U
DATE
DATE
CUP2009 -00003
STAFF REPORT TO THE HEARINGS OFFICER
RESIDENTIAL CARE FACILITY
ATTENTION
OREGON LAW REQUIRES YOU To FTAIDW RULES
ADOPTED BY THE OREGON UTILITY NOTIMCATION OENIFA.
THOSE RULES ARE SET FORTH R OAR 952- 001 -0010 THN)LIOH
R 05
OA2 -00f -0060. YO11 MAY OBTAIN LbFES OF THE RULES HY
CAl10iG THE cm, AT (800) 332 -2J OR (503) 232 -1987.
JAS
(48 HOURS NOTICE REQUIRED PRIOR TO EXCAVATION)
ONE CALL SYS—
(GENERAL TELEPHONE. NW NATURAL - 503 -246 -6699
GAS, CABLE, GTY OF TIGARD)
PORTLAND GENERAL ELECTRIC
gxpATR F.MERGENC�S
NORTHWc'ST NATURAL CAS - BOO -BB2 -3317
VE NERA -000 -483 -2000
PORTLAND GENERAL EE SE -503 -544 -9018
'WATER SEANCES -303 -846 -5220 OR S03-646 -5221
COMCAST - Sp3 -605 -4884
GTY OF RGARD PUBLIC .."s - 503 -839 -1554
RiE CONTRACTOR, IN LOCATION AND PROTECTING UNDERGROUND URUTIES,
MUST —LY 00TH THE REGUILk —S OF O.R.S. 157.541 TO 757.571.
12550 SW 134TH AVENUE
CONDITIONAL USE PLANS
LOCATED IN THE SW '/4 OF THE NE % OF SECTION 4
TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN,
CITY OF TIGARD, WASHINGTON COUNTY, OREGON
TIL 800
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DANIELLE WILDE
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' TR'.AIro. oR 97Y16 1968 EN WEER/ SURVEYING NG
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wB.3,e.,5E6 8740 SWScofias56eef Tigard, Ortgw 97727
Te f. (503) 63¢3453 Fax (503) 639 -1232
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NO SCALE
OWNER /APPLICANT:
ERIN DANIELLE WILDE
12550 SW 134TH AVENUE
TIGARD, OREGON 97223
PHONE 505.318.1586
PLANNER, ENGINEER
& SURVEYOR:
HARRIS — MCMONAGLE
ASSOCIATES, INC.
8740 S.W. SOOFRNS ST.
TIGARD, OR 97223 -6287
PHONE 503.639.3453
SITE INFORMATION:
TA% MAP 25- 1 -09AC
TAX LOT 2700
ADDRESS: 12550 SW 134TH AVENUE
GROSS SITE AREA — 7,209 S.F.
NOTE ALL BOUNDARY DIMENSIONS AND AREA SHOWN
ARE PER THE PLAT OF •MORNING HILL No. B'
Date of this Planset: Last Revised 5/01/09
SHEET INDEX:
Cover Sheet and Vicinity Map .................. t of 2
Site Plan ....... ............................ 2 oft
City of Tigard Casefile No. "PENDING'
F,fv /Df1VT /f}L CAPf f7461VT'/
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CONDITIONAL USE PERMIT 1
COVER SHEET AND VICINITY MAP o 2
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PROJECT
Y VV EAAD
NO SCALE
OWNER /APPLICANT:
ERIN DANIELLE WILDE
12550 SW 134TH AVENUE
TIGARD, OREGON 97223
PHONE 505.318.1586
PLANNER, ENGINEER
& SURVEYOR:
HARRIS — MCMONAGLE
ASSOCIATES, INC.
8740 S.W. SOOFRNS ST.
TIGARD, OR 97223 -6287
PHONE 503.639.3453
SITE INFORMATION:
TA% MAP 25- 1 -09AC
TAX LOT 2700
ADDRESS: 12550 SW 134TH AVENUE
GROSS SITE AREA — 7,209 S.F.
NOTE ALL BOUNDARY DIMENSIONS AND AREA SHOWN
ARE PER THE PLAT OF •MORNING HILL No. B'
Date of this Planset: Last Revised 5/01/09
SHEET INDEX:
Cover Sheet and Vicinity Map .................. t of 2
Site Plan ....... ............................ 2 oft
City of Tigard Casefile No. "PENDING'
F,fv /Df1VT /f}L CAPf f7461VT'/
9RAW,N9 xxnllN:
covER
CONDITIONAL USE PERMIT 1
COVER SHEET AND VICINITY MAP o 2
,° z°
HMC Harris- McMonag /e Rf,5/DENT /74L Gt}IZf F7461ZITY
ss
DANIELLE ENUE
,�, �^� Associates, Inc,
TlGSnU. on °>n� a!� l96B ENC/NE67M- SUZ&EYM- FL4AWM
°° "' °' 67405WasSbeef 3Tgwu aega 9712? CONDITIONAL USE PERMIT 2
Te( (503) 639 -3453 far(503J639 -1232 SATE PLAN 2
,er. manna rw. rie aNa /i°
12550 SW 134 Ave
CONDITIONAL USE REVIEW
CITY OF TIGARD
RECEIVED
MAR 1 0 2010
CITY OF TIGARD
PLA NK'INS/ENGINEERING
Site Development Review
Fee Breakdown
Conditional Use Permit = $5,245.00
Special Adjustment = $621.00
Joint application planning fees 100% of highest fee + 50% of all additional fees related to
proposal.
Total = $59555.50
PM APP. BFM BY
CITY OF TIGARD PLANNING DIVISION
0 LAND USE PERMIT APPLICATION j
City of Tiga d Pmnk Caw 13125 SWHaB Bhd, Tigard OR 97223
Phom 503.639.4171 Fax: 503.598.1960
•
f
File #ILU QQ •- Other Case #1 -
Date I MM AQ 7 By Receipt #/ Fee Date Complete
TYPE OF PERMIT YOU ARE .APPLYING FOR
Z A-djustment/Variance (I or II) ❑ Knor Land Partition P ❑ Zone Change (III)
❑ Comprehensive Plan Amendment (IV) ❑ Planned Development (III) ❑ Zone Change Anne.)ation (IV)
a nditional Use (III) ❑ Sensitive Lands Review (I, II or III) ❑ Zone Ordinance Amendment (IV')
❑ Historic Overlay (II or III) ❑ Site Development Review (II)
El Home Occupation A ❑ Subdivision (II or III)
i
0=0N TMU PROPOSED A s if a
12550 SW 134th Ave..
.
2S- 1 -04AC TL 2700
TOTAL SITE SIZE
ZONING CLASSIFICkTION
0.17 ACRES
R -25
APPL1 ' '
HARRIS MCMONAGLE ASSOCIATES INC.
YLKIING A
8740 SW SCOFFINS STREET, TIGARD, OR 97223 E
503 - 639 -3453
503 - 639 -1232
IMARY A
STEVE BLOOMQUIST
(EXT. 19)
RUP U H h Acuc d mom one
Danielle Wilde
UUNU A
12550 SW 134th Ave.
PHONE NO.
FAX No.
"When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession with written
authorization from the owner or an agent of the owner. The owners must sign this application in the space provided on the back of this form
or submit a written authorization with this application.
PROPOSAL SUMMARY ease be specific)
Conditional Use Review - To allow group care of more than five elderly and
disabled individuals. Concurrent Special Adjustment to the Off street parking 1
requirements.
APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS
DESCRIBED IN THE "BASIC SUBMITTAL REQUIREMENTS" INFORMATION SHEET.
THE APPLICANT SHALL CERTIFY THAT
♦ If the application is granted, the applicant shall exercise the rights granted in accordance with the terms and
subject to all the conditions and limitations of the approval.
♦ All the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are
true; and the applicants so acknowledge that any permit issued, based on this application, map be revoked if it is
found that anysuch statements are false.
♦ The applicant has read the entire contents of the application, including the policies and criteria, and understands
the requirements for approving or denying the application(s).
SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED.
Owner's Signature
LIZ e
Date
Owner's Signature
Date
Owner's Signature Date
Owner's Signature Date
Owner's Signature Date
X
Applican Agent/Representative's Signature Date
ApplicantJAgentJRepresentative's Signature Date
� AMERI
c
'k ~ First American Title Insurance Company of Oregon
d._
y Washington (OR)
Prepared For:
Prepared By:
SALES AND LOAN INFORMATION
Transferred
Property Information Division
Loan Amount
222 SW Columbia St, Suite 400 - Portland, Oregon 97201
: 24747
Phone: (503) 219 -TRIO
Fax: (503) 790 -7872
: Morning Hill No.8
Loan Type
OWNERSHIP INFORMATION
: Warranty
Owner : Wilde Erin Danielle
Ref Parcel Number
: 2S 104AC 02700
COOwner
T: 02S R: O1 W
S: 04 Q: 253
Site Address : 12550 SW 134th Ave Tigard 97223
Parcel Number
:R2020124
Mail Address : 12550 SW 134th Ave Tigard Or 97223
Map Number
Bsm Unftn SgFt
Telephone ; Owner: Tenant:
County
: Washington (OR)
ASSESSMENT AND TAX INFORMATION
MktLand
SALES AND LOAN INFORMATION
Transferred
: 03/22/1996
Loan Amount
Document #
: 24747
Lender : Accubanc Mtg
Sale Price
: Morning Hill No.8
Loan Type
Deed Type
: Warranty
Interest Rate
% Owned
:100
Vesting Type
ASSESSMENT AND TAX INFORMATION
MktLand
PROPERTY DESCRIPTION
MktStructure
Map Page & Grid
:655 A4
':�ensus
: Tract: 319.03 Block: 2
: $352,750
Subdivision /Plat
: Morning Hill No.8
:50
Neighborhood Cd
: MNHL
ExemptAmount
Land Use
: 1012 Res,Improved
Heat Method
Legal
: MORNINGHILL NO.8, LOT 171, ACRES
Millage Rate
: 15.6205
:.17
ASSESSMENT AND TAX INFORMATION
MktLand
: $178,000
MktStructure
: $174,750
MktOther
: 5
MktTotal
: $352,750
M50 Assd Total : $218,630
%Improved
:50
08 -09 Taxes
: $3,341.88
ExemptAmount
EffYearBlt
Exempt Type
Heat Method
Levy Code
:05185
Millage Rate
: 15.6205
This title information has been furnished, without charge, in conformance with the guidelines approved by the State of Oregon Insurance
Commissioner. The Insurance Division cautions intermediaries that this service is designed to benefit the ultimate insureds. Indiscriminate use
only benefiting intermediaries will not be permitted. Said services may be discontinued. No liability is assumed for any errors in this report.
PROPERTY CHARACTERISTICS
Bedrooms
: 5
Lot Acres
:.17
Year Built
: 1994
Bathrooms
: 3.00
Lot SgFt
:7,405
EffYearBlt
-.1994
Heat Method
: Forced
Bsm Fin SgFt
Floor Cover
: Carpet
Pool
Bsm Unftn SgFt
Foundation
: Concrete Ftg
Appliances
Bsm Low SgFt
Roof Shape
Dishwasher
Bldg SgFt
:2,675
Roof Matl
: Wd Shake
Hood Fan
1st Flr SgFt
:1,913
InteriorMat
: Drywall
Deck
: Yes
Upper Flr SgFt
: 322
Paving Mad
: Gravel
Garage Type
: Mixed Type
Porch SgFt
Const Type
: Wd Stud\shtg
Garage SF
: 440
Attic SgFt
Ext Finish
: 239
Deck SgFt
:144
This title information has been furnished, without charge, in conformance with the guidelines approved by the State of Oregon Insurance
Commissioner. The Insurance Division cautions intermediaries that this service is designed to benefit the ultimate insureds. Indiscriminate use
only benefiting intermediaries will not be permitted. Said services may be discontinued. No liability is assumed for any errors in this report.
t
Ave STATE OF OREGON SS
County of Washington
I, Jerry R. Manson, Director of Assess-
ment and Tnxatlon and Ex -OMcio County
Clerk for said county, do hereby certify that
the within instrt.tflmlnt orgrlgnp waS mceived
and recardr+d..n'6dW.Vf,t'6e0rd3 of said
county. i .'�•. '
u
Jerry R: Director of
Aasestsment and kZion, Ex-
Officio County Clerk
Doc : 96024747
Rect: 161196 38.00
03/22/1996 12 :10 :46PM
j ---02
a* roam No, W3 Ondbidust o, Corporate).
se
WARRANTY DEED
�?Vxf
KLVOW ALL MEN 8
F THESE PRESENTS, That ------ —
. . . . .... . ............ ..... . ................... . ... . ......... — -------- - ----
here' " called the granior, for the consideration hereinafter stated, to grantor paid by — ------------ --------
Ural
........................................... .. .. . .....
ZL hereinafter called the grantee, does hereby grant, 4•argairt, sell and convey unto the grantee and grantee's heirs, •
I. successors and aszd9ns that certain real property, wit o the tenements, hereditaments and appurtenances thereunto i;
belonging or in any way appertairring, situated W-f+-S H_Aqft.LC .. ty. State of Oregon, described as folfaws. 1 ,
to-wit:
( r 14
72_ 2
N
Ei
�I
JIF SPACE INSUFFICIENT, CONTINUE DESCRIPTION ON REVERSE SIDE)
To Have and to Hold the some unto the grantee and grantee's heirs, successors and assigns forever.
And grantor hereby covenarts to and with grantee and grantees heirs, successes and assigns, that grantor is
lawfully seized in fee simple of tho above granted premises, free from all encumbrances .......... . .......... ......... ................
.. .... ........................... .................... .............................. ......... ...... ................................... ................................................... .............................
. ..1..1. ................................. ............................ ... I ............ ................................................ ............
.......................................................................................................... .......................................................................................... and that
grantor will warrant and forever defend the premises and every part and parcel thereof against the lawful claims
and demands of all persons whomsoever. except those claiming under th-* above- described encumbrances.
The true and actual consideration paid for this transfer, stated in terms of dollars. is $ ....... 40 ................. I
MHowever, the actual consideration consists of or includes other property or value given or Promised which is
consideration (indicate which). ''(The watroca betwern the symbolw!' 7. it not Applicabl., should be del-evd. See ORS 910.10-)
In construing this deed, where the context so requires, the singular includes the plural and all grammatical
changes shall be made so that this deed shall apply equally to corporations and to individuals.
In Witness Whereof. the Arantor has executed this instrument this... &17h day of..\ SYK ........... 199_x.
if a corporate grantor, it has caused its name to be signed and its sent, if any, affixed by an officer or other person
duty authorized to do so by order of its board of directors.
THIS INSTRUMENT WILL NOT ALLOW USE Of THE PROPERTY DESCRIBED IN THIS ........ 4L= ............
INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAVr. AND REGULATIONS.
BEFORE SIGNING On ACCEPTING THIS INSTRUMENt THE PERSON ACQUIRING FEE ..... .. ..... ..... ................. ............... . ......... ............. ...................
...
TITLE MTHE 1 AOPERlY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY
PLANNING OEPARIMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY
LIMITS ON LAWSUITS AGAINST FAFMING OR FOREST PRACI ICES AS DEFINED IN ... ........ -------
ORS 3093a STATE OF OREGON, County of ................... )5s.
T -4 instrument wasacknowledged fore me on ............... ...... ... .
hi. .............
by ............ . ............................. .......................
\ ..C.......... - \. .
. •.!= � ..........................
Thi instrument was acknowledged before me an .......................... .... ...... .............. 19 ....... -,
by ... - ... .... .. ........ . ....... .. .............. ..... ..... .......... . .. . .....................................
as ....... .......... ................. .... __ ................... .. .. ....... ........................ . ............... . . .......
of .... .. . .. . ....... ....... .......... . ...... ...... ........ ........
......................
Notary Public for Oregon
ATy commission expires ........ ...................
................. srATEOFORE0ON. s.
. .. ..... County of ............. ............................
..... .....•. I certify that the within instrument
was received for record on the .......... day
................... .. ... ... . . .. . ......... .................. of ...... . .......... .............................. 19 ......... at
..... ........ ................ o C ....... Af., and recorded in ii
j
booklrecilvofume No ..__.... ..... On Page
.19cofteaft 9 use
........................ andlor as feellifelinstra-
Iii r menrlmicrofflnilreception lVo . .................
c aw ~ 2M Record of Deeds of said County.
. ! ... y
...... A Witnvis my hand and sent of
fJntll r. #a IN ft. j..4 all 1.. 0.1 to 10 IN—. Adh..I. ZIPI, County affixed.
... . ....................... ....... .............
"Are ITle
i rJ -7 7 7 :Za By ............................................ __ Deputy.
PLAT BOOK NO. - 7? PACE SHEET 1 OF 3
MORNING HILL No. 8
SITUATED IN THE N.E 1/4 OF SECTION 4
T. 2 S., R. 1 W., W .M.
CITY OF TIGARD, WASHINGTON COUNTY, OREGON
SURVEYED: NOVEMBER IITH, 1991 ALPHA ENGINEERING, INC.
RATA WEST, SUTE 230, 9600 SW OAK
POR7LANO. OREGON 97223
INDEX
HEFT DESCRIPTION
I LOTS 166 - 154, • 201 -261, iLOLND, IAUL C2 - C21.
2 LOTS 161 - 20% LEGEND, RESTRICTIONS, TABLE C29•C50
3 UECLARA110fi. SVRVEYOHES CERTYTGATION, APPROVMS.
DETAL
N.T.L
MORNING HILL No. 7
.1
R FD
1
PRO
PRO F•ES90NAL
LAND SURVEYOR
174
..yy
Z Y7 b
175 ^
7,000 SF 3C
b ^
166
7.000 SF
I f
1 HEREBY CERTIFY THAT T9S TRACING IS A TRUE AND EXACT
8,755 SF 5
Nub '
O
0
:
5 5516'00' E
I
8 616 . 06' M
100.110' g o
IOO.OW
N
103.00' 6
l a
o
r�lk
u
.8
a
�glz
k
167 §
7.000 SF
1 76 g ==<
7,000 SF
,
f t0 m
8,472 SF a
N 0818'06• W-
S 8816'06' E
CI 4
+
° SG4.327Y
'
E h
O
100.00'
10.00' 100.00'
Bra-or E
I N
2
pB.tG N C6 n
172
8
168 s
AZ
^
7,092 SF IS
7,000 SF
v
w a
C M
177 �. a m
z
N 8974'{2' N I i
5 8816'06' E '
n3 t.
7.627 SF ^• C25
°v
98.31' 11. 7
I
a
100.00'
I ig
5 �
99 �Obf
/
± / u d
g ne
171 $ v
7,209 SF
a
l
o 6�
169
7,125 SF g
/6140.
m
I
1; LNa,
j.�i`'
aqO
y
"'1 T.1:
p
1 787 0
y
S 8818'00• E
I
i Q p
7.317 SF `IA .P
90.00'
C2
170 &
8,103
�£t•3
SF
l a
179
1'I e 4 00.
I \
y 7,945 SF 4
�.
7.16' 23�C5
CD C24
I7�r
S 0516
s.
n9
/
71.88'
\ 18
/ OD•
CIO
8,457 SF � It
1.4
2 1 . 4 11' St.BS
A l
h °a•
\
LEGEND
DENOTES SQUARE
� ? G�, ��•
^ g
� �.. � DI
SF FEET Sl y /
J� Y2
DENOTES SET 5 /e' a 30' WON ROD WITH YELLOW PLASTIC &j -181 o g 182
CAP INSCRIBED 'ALPHA ENO, INC'.
FA ` J,
H.949 SF z
7.343 SF
A DENOTES FOUND 5/e' IRON 100 WITH YELLOW PLASTIC
\
CAP ,•
mo o-
INSCRIBED 'ALPHA ENG.. ING' UN LESS OTHERIRSE NOTED.
\
■ DENOTES 518 , 30' IRON ROD WIN ALUId CAP
INSCRIBED ALPHA ENO.. INC.* TO BE POST MONUHENTED \
'L7
C12 O• 66.67'
900
W
IN STREET.
156,61'
S 8376.27'
• DENOTES 3(Y 30' IRON 100 WITH YELLOW PLASTIC
CAP
,?.
INSCRIBED ALPHA ENG., NC.' TO BE SET WITHIN THE
TIME SKCIFIED N THE SURVEYORS CER71nCATE
SET ON
9 4 6
183
1 3D' INCA 04 VA H ALUMNUII CAP
Q UENOTES'MONUMEN7 bOA 961H 5/N" N
SCRYNA ENG. INC.' TO bE FUST MONUMEN! e0 :1 STREET
N mW 'M \
� y 1
Ry
W9�C2
9.739 SF
(R) DENOTES RADIAL BEARING
\
CURVE I RADIUS 1FNG1H I
04 BEARING DELTA
\ �'
C2 373.00 260.61
C3 177'30 221.
258. 5 51772 17 2693 42
222.13 5 217218 E 263615
C4 71 86.1
CS 11 23.38
81.49 S 3110`38' E 63Y9 W
21.21 N 46'4352 E 909000
C2
E
7,6'.
G 6 . 6 77 00
71 3 5 BIDS. E 1800
Q
R +0 2
l
ro CZ C!
C7 75. 15.06 15.03 S 0491 i 4 E 117011
LB 1 30.00 33 Qs�1 1p 10'x14
C9 100
46.1] ,
38.02' C iYIY'1]'
S) N
O
CIO 15.00 2]56
71.21 N 4318 DB W 9090 DO
4 �6
}, j. 9
C71 125.00 62.71
6205 S IT 27 E 23
S7b
C12 540.00 30.
C13 700 97.04
0.60 3 5 97644 E 031637
C14 .10.00 49.07
4C 5 DIYT36' E 06':0'59'"
45.63 53'W47 R t7
��.
\
CU {07.00 4105
Cie 407.00 09.93
n) 73.00 36.93
89.73 S 2513 2D E 1279 )e
3638 2333 4 8 34
�
t
CI 125.00 xiee
1. 125 DD SO.
SOT. S 6 1 E 231356
1067 9 Mme. 26 F
z
J
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1 147
E
5 \INITIAL POINT
3 E DUND AND IE1 D S!tl LR.
W/ IELLOW GP WL/O
'ALPHA F7{, WC'
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SCALE 1' - 50'
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PRO
PRO F•ES90NAL
LAND SURVEYOR
..yy
x� 1�i4o
MICHAEL R. GATES
7H9
1 HEREBY CERTIFY THAT T9S TRACING IS A TRUE AND EXACT
COPY OF THE PLAT OF MORNING HAL
Nub '
MICHAEL R CAYES P.LS. 2449
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PREE -.PF
(Pre-
u �
CITY OF TI��
EICATION CONFERENCE N
A)Phcation Meeting Notes are Valid for
Six (6) Months)
Rr-JP. MG DE
'9
4't"U JELCe
APPLICANT: L g i j
Phone: 3
PROPERTY LOCATION:
ADDRESS /GENERALLOCATION SaJ
TAX MAPS) /LOT # (S):
NECESSARY
PROPOSAL DESCRIPTION:
llv
RE SIDENTIAL
AGENT:
Phone:
A tw.
k )i:F r=te c (-
Wt�t �2 Cl^� 3tryJ3 .._Ij r ,., � Y1S k s
, OMPREHENSI VE PLAN
-.JAP DESIGNATION. P1 L;-" 1 - 14 IG
ZONING MAP DESIGNATION: °Z S
ZONINGDISTRICT DDUNSIONAL REQUIREMENTS (Referto Code Section 18.
MRgMMUM LOT SIZE: o f - A vera ge Setbacks: Front 1, ft Sid ae
5 e /-- T Mm. lot width:. ` ft' Max. building height:_ ,� ___ fr,
MA)MvR M SITE COVERAGE: 6 % Rear �.� ft. Corner 0 ft from street
%GARAGES a --- Mlr]bn m landscaped or natural vegetation area_
-- -_ ft
NEIGHBORHOOD MEETING (Refe to the Neighborhood Meet '
THE .APPLICANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET INIE
PARTIES, ,AND-' crTY O P� RESTED
(2) weeks between the
mailing date and the mee g date is re P as th e ir proposal A minimum of two
handout concerning ite o Please review the Land Use Notification
g Posting and the meeting notice, Meetin is to be held riot to
or the submnrin ur a lication
application will nc�r be accepted
NOT ` In order to also preliminarily address binding code standards, a meeting with a Plans Examiner is
encouraged prior to submittal of a land use application.
,NARRATIVE (Refer to Code Chapter 18 .390)
The APPLICANT SHALL SUMMIT A NARRATIVE which provides fin ' based on the ap licable a pproval
standards- Failure to provide a narrative or adequately address criteria would reason to conszder an applccation
incomplete and delay review of the proposal. The applicant should re view the code for applicable critena
QTY OF UGARD Pre- Apphcatioa Conference Notes
Raidenoal APPliadon/Paaawg Division Section Page 1 of 9
Lc)ID
XINIPACT STUDY (Refer to Code Sections 18.390.040 and 18.390.05o)
Asa part of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to INCLUDE
IIvII'A STC7DY with their submittal package. The impact study shall quantify the effect of the v
public facilities and services. The study shall address, at a minim de elopment on
the drainage system, the parks system, the water the trails oxtation system, including bilmw
For each ublic fa ' 'r4 the sewer system and the noise impacts of the development:
P cihty sy im�7P stem and type of impact, the study shall propose improver nents necessa
standards, and to min the im acE O th e develop meat on the ublic at large publ facilit
affected private prope users. In sitvatio,as where th ry to meet City
Co „r,i �rj� , P systems, and
real property interests, the applicant shall either specifically concur with the tion e dedication of
evidence which supports the conclusion that the real property dedication re q '� or Provide
the projected impacts of the development r e q uirement is not roughlyproporuonal to
ACCESS (Refer to Chapters 18.705 and 18.765)
2 n' m number of accesses: j
Minimum access width: % S
IvPinimurn pavement width: a
❑ WALKWAY REQUIREMENTS (Refer to Code Chapter 18.705)
Within an ATTAmED HOUSING (except two- famil d
ywe ' )and multi -f�' d
y evelopments, each residential
dwelluig SHALL BE CONNECTED BY WALKWAY TO VEHICULARR I�AR}�TG AREA, COMMON
OPEN SPACE AND RECREATION FAC UTIES.
❑ RESIDENTIAI, DENSITY CALCULATION
The NET RESIDENTIAL UNITS AILOWED
the developable land by the minimum numbe
applicable zoning designation. Net development
the gross site area:
All sensitive lands areas includi
® Land within the 100 -3ear floodplain;
Slopes exceeding 25 %;
We tlands for the R 1, R-2, R 3.5, R-4.5
Public right of- wavdedication
(Refer to Code Chapter 18.715) - SEE EXAMPLE ,BELOW.
on a particular site may be calculated by dividing the net area of
of square feet required per d Q unit as specified by the
area u calculated by subtzacting the oll0wing land areas) from
and R-7 zoning districts.
A
I n= - "a=Y allocare 20% of gross acres for public facilities; or
Muytifarruliallocate 15% of gross acres for ublic facilities; or
If available, the actual public facility square footage can be used for deduction
EXAMPLE OF RESIDENTIAL DENSITY CALCULA'T.IONS (USINGA ONE ACME SITE I N THE R 12
(3,050 MCNIl�UM LOT Ste) WITH NO DEDUCTION FOR SENSITIVE LANDS) zo NE
Single Family
43,560 sq. fc of gross site area
8.712 sift (20%��l fror„�nublic right of-�,v
NET: 34,848 square feet
X050 (r„inim„m1_ p��ro
11.4 Units Per Acre
Multi Family
43,560 sq. ft of gross site area
_6.534 vn ft (15 f-. _ Lr- right_, of w�v
NET 37,026 square feet
12.1 Units Per Acre
Note: The Development Code requires that the net site area e.)dst for the next whole dwelling unit NO ROUNDING UP IS
PERMITTED.
Minimum Project Density is go% of the maxiMmm allowed density. TO DE TF_pjvn NE TMS STANDP,{D, MULTIPLY
THE MA)MAUM NUMBER OF UNITS BY.8.
CITY OF TIGARD Pre- AppEcauon Conference Notes
ResidmxW Apptcncioo/p.6r ag Division Secdoa
Page 2 of 9
❑ SPECIAL SETBACKS ' (Refer to Code Section 18.730)
r- STREETS: feet from the centerline of
FLAG LOT: A TEN ((10))-FOOT SIDE YARD SETBACK. a Ices to all
ZERO LOT LINE LOT`S: PP pri miry structures.
d A minimum of a ten (10) -foot separation shall be maintained between each
unit or ga ra g e.
� MUL - FAMILY RESIDENTIAL building separation standards a 1 wi
developments. d PP Y multiple family reside
ACCESSORY STRUCTURES UP TO 528 SQUARE FEET in size maybe permitted on lots less than 2S acres in
size. Five (5) -f0ot minimum setback from side and rear lot lines.
ACCESSORY STRUCTURE UP TO 1,000 SQUARE FEET on parcels of at least 2.5 acres in size.
(Note: See applicable zoning district for the primary structures requirements.) .
❑ FLAG LOT BUILDINGHEIGHT PROVISIONS (Refer to Code Chapter 18.730)
MA,'MAUM HEIGHT OF il6 STORIES or 25 feet, whichever is less inmost zones; 2 stories, or 35 feet in R-7,
R 12, R-25 or R-40 zones provided that the standards of Section 18.730.010.02 are satisfied-
F BUFFERING AND SCREENING (Refer to Code Chapter 18.745)
In order TO INCREASE PRIVACY AND TO EITI-ER REDUCE OR ELIMINATE ADVERSE NOISE OR
VISUAL DAPACIS between ad' at developments, especially between different land uses, the QTY REQQUIRES
equ
LAZSCAPED BUFFERAR�AS along certain site perimeters. Rired 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 b the Code. The required buffer areas may o* be
occupied by vegetation, fences, utilities, and walkways. Additional information on required buffer area materials
and sizes may be found in the Development Code.
The ESTIlv1ATED RE UTRED BUFFERS a licable to ur - p ropmal area is
�. Buffer Level
Buffer Level along north boundary. Buffer Level along east boundary
along north boundary. Buffer Level along east bo
IN ADDI TTON, SIGHT OBSCURING SC REENTNG IS REQUIRED ALONG
LANDSCAPING (Referto Code Chapters 18.745 18 765 and 18 705
E d
RECYCLING (Refer to Code Chapter 18 -755)
App licant should CONTACT FRANCHISE HAULER FOR REVIEW AND APPROVAL OF SITE
SERVICING COMPATIBILITY. Locating a trash/ enclosure within a clear vision area such as at the
intersection of two (2) driveways within a p tr lot zs pro ' ned. Much of Tigard is within Pride Disposal's
Service area. Pride Disposal can be reachedat (503 625 -6177.
2 " " PARKING
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 p rivate pro erty within six (6) feet of the ' ht of -wa boundary:
must have a mini iim Cali er of at least two 1) inches when measured four 44) feet above gra Street trees
should be spaced 20 to 40 f eet apart depending on the branchin width of the pro
_ posed tree species at maturity.
Further information on regulations affecting street trees may be obtained from the Pmiing Division.
A MINIMUM OF ONE (1) TREE FOR EVERY SEVEN (7) PARKING SPACES MUST BE PLANTED in
and around allparking areas in order to provide a vegetative canopy effect. Landscaped parking areas shall, include
special design features which effectively screen the parkng lot areas from view.
(Refer to Code Chapters 18.765 & 18.705)
ALL PARKING AREAS AND DRIVEWAYS MUST BE PAVED.
Single - family............ Requires:
Multi le -famil
p y........Requires:
One (1) off- street parking space per dwelling unit; and
One (1 space per unit less than 500 square feet.
125 spaces per unit for 1 bedroom;
1.5 spaces per unit for 2 bedrooms; and
1.75 *spaces per unit for 3 bedrooms.
U PI OF UGARD Pre - Application Conference Notes
Resid=tia1 Applicadon/Plaan4 Division S
Moa
3 of 4
Multi family dwelling units with more than ten (10) required spaces shall provide parking for the use of guests and shall
consist of 15% of the total required parking.
NO MORE THAN 50% OF REQUIRED SPACES MAYBE DESIGNATED AND /OR DIMENSIONED AS
CONTAC" SPACES. Parking stars 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.
Handicapped parking: Aff parking areas shall rovide appropriately located and dimensioned disabled
person pparking spaces. The nunanum number of disabled person pa rking spaces to be provided, as well as
the parking staff dimensions, is mandated by the Americans with Dcosabcolcoues Act. (AI)A). 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. p
❑ BICYCLE RAGS (Refer to Code Section 18.765)
BICYCLE RACKS are required FOR MULTI- FAMILY, COMMERGAL AND MUSTRIAL,
DEVELOPMENTS. Bicycle racks shall be located i
locations. traffic an d areas protected from automobile and in convenient
❑ SENSITIVE LANDS (Refer to Code Chapter 18.775)
The Code provides REGULATIONS FOR LANDS WHICH ARE POTENITALLY UNSUITABLE FOR
DEVELOPMENT DUE TO AREAS WITHIN THE 100 -YEAR FLOODPLAIN, NA`I CJRAL
GROUND. Staff w
DRAINAGEWAYS, WETLAND AREAS, ON SLOPES IN E XCESS OF 25 PERCENT, OR ON UNSTABLE
ill attempt to preliminary identify sensitive lands areas at the pre application conference based
on available information. HOWEVER, the res onsibili to recise1 iden ' sensi land areas and
bndaries their
ou is the r onsib' k� e a I t. Areas mee ' a the de initi ns o
indicated on f sensitive lands must be clear
Inns submitted deve o men t a lication
Chapter 18.775 also pprovides regulations for the use, rotection, or modification of sensitive lands areas.
RESIDE) ITA D EVELOPl,, MIN`r rq 1PRntz nT-r r T-% �� ,,,. T on .._ __
❑ STEEP SLOPES (Refer to Code Section 18.775.070.C)
When STEEP SLOPES exist, prior to issuance of a final order, a geotechnical report must be submitted which
m
addresses the approval standards of the Tigard Comunity Development Code Section 18.775.080.0 The report
shall be based upon field e and investigation and shall conclude specific recommendations for achieving
the requirements of Section 18.775.080.0
/CLEAN WATER SERVICES (CWS) BUFFER STANDARDS (Refer ro CWS R&0 07 20 /USA lions _
LAND DEVELOPMENT ADJACENT TO SENSITIVE AREAS shall reserve and nm tai c Pcer3)
vegetated corridor for a buffer wide enough to protect the water qualh7functioning of the sensitive area r create a
De rite
The VEGET A a: TED CORRIDOR WIDTH is dependent ozi the sensitive area 'The following table
required widths: wcorn identifies the
(See Table 3.1 on following page)
CITY' OF TIGAM Pre - Application Conference Notes Page 4 of 9
Rcsideacal Applica ion/Plumiag Division Seaioa
'Starring point for measurement m edge of The defined channel (bankful flow) for streams /rivers, d elineate d wedand 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/siream or wetland vegetated
corridor, shall not serve as a starting point for measurement
2 Vegerated corridor averaging or reduction is allowed only when the vegetated corridor is certified to be in a marginal or degraded condition.
3 The vegetated corridor «tends 35 feet from the top of the ravine and sets the owes boundary of the vegetated corridor. The 35 feet maybe reduced to 15 feet, if a s tampe d
'tote report confirms slope stability shall be miiar fin ed wirh the reduced setback from the top of ravine.
Restrictions in the Ve etate Corridor.
NO structures, deve opment, constriction activities, gardens, lawns, app p liCation of chemicals, dumping of any
materials of any, kind, or other activities shall be permitted which -orherwise detract from the water quality
protection provided by the vegetated corridor, eccgr as prvri for in t�e USA Deign a& C7ztni zm Sucr?d�.
Location GVe etated Corridor IN ANY S ENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCELS or loo 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 c coon of a dwelling unit.
----- OSe T ic e Provider Letter - � r, 0 �� j,
R O SUBMITTAL of any land use applications, the applicant must obtain a CWS Service Provider Letter
which will outline the conditions necessary to comply with the CWS R&O 07 -20 sensitive area requirements. If
there are no sensitive areas, CWS must still issue a letter stating a CWS Service Provider Letter is not required-
el � 7- r SIGNS (Refer to Code Chapter 18.780) / �/
���.�j r -� p Std P rqo570
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 maybe filed for Director's review.
❑ TREE REMOVAL. PLAN REQUIREMENTS (Refer to Code Section 18.790.030 -C and the" Tree Plan
Requirements Handout" included in your pre-application conference packet)
A TREE PLAN FOR THE PLANING, REMOVAL AND PROTECTION OF TREES prepared by a certified
arbonsi shall be provided for any lot, parcel or combination of lots or parcels for which a development application
for a subdivision, partition, site develop review, � planned develop or conditional use 1s filed.
PROTECTION IS PREFERRED OVER REMOVAL WHEREVER POSSIBLE (Address all iterns in the City's
Tree Plan Requirements Handout).
QTY OF TIGAM Pre - Application Conference Notes Page 5 of 9
TABLE 3.1 VEGETATED
CORRIDOR)WIDTHS
SOURCE. CWS DESIGN AND CONSTRUC ON
STANDARDS
MANUAL/RE
OLUTION & ORDER 07 -20
SENSITIVE AREA DEFINITION
SLOPE ADJACENT
WIDTH OF VEGETATED
TO SEIVSCTIVE-AREA,
CORRIDOR PER SIDE
o Streams with intermittenz flow draining:
10 to GO acres
o
<5%
15 feet
>50 to <00 acres
25 feet
o Existing or created wetlands m3 acre
o Existing or created wetlands � acre
25 feet
o Rivers, streams, and springs with year -round flow
Q5%
50 feet
+ Streams with intermittent flow draining >100 acres
o Natural Lakes and ponds
+ Streams With intermittent flow draining:
10 to 60 acres
'>50
>25
30 feet
to <00 arses
50 feet
+ Existing created wetlands
e Rivers, streams, and springs with year -round flaw
>25%
Variable from 50-200 feet. Measure in 25-
+ Streams with intermittent flow draining >100 acres
foot increments from the starting point to
+ Natural lakes and ponds
the top of ravine (break in Q5% slope),
add 35 feet past the top of ravine
'Starring point for measurement m edge of The defined channel (bankful flow) for streams /rivers, d elineate d wedand 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/siream or wetland vegetated
corridor, shall not serve as a starting point for measurement
2 Vegerated corridor averaging or reduction is allowed only when the vegetated corridor is certified to be in a marginal or degraded condition.
3 The vegetated corridor «tends 35 feet from the top of the ravine and sets the owes boundary of the vegetated corridor. The 35 feet maybe reduced to 15 feet, if a s tampe d
'tote report confirms slope stability shall be miiar fin ed wirh the reduced setback from the top of ravine.
Restrictions in the Ve etate Corridor.
NO structures, deve opment, constriction activities, gardens, lawns, app p liCation of chemicals, dumping of any
materials of any, kind, or other activities shall be permitted which -orherwise detract from the water quality
protection provided by the vegetated corridor, eccgr as prvri for in t�e USA Deign a& C7ztni zm Sucr?d�.
Location GVe etated Corridor IN ANY S ENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCELS or loo 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 c coon of a dwelling unit.
----- OSe T ic e Provider Letter - � r, 0 �� j,
R O SUBMITTAL of any land use applications, the applicant must obtain a CWS Service Provider Letter
which will outline the conditions necessary to comply with the CWS R&O 07 -20 sensitive area requirements. If
there are no sensitive areas, CWS must still issue a letter stating a CWS Service Provider Letter is not required-
el � 7- r SIGNS (Refer to Code Chapter 18.780) / �/
���.�j r -� p Std P rqo570
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 maybe filed for Director's review.
❑ TREE REMOVAL. PLAN REQUIREMENTS (Refer to Code Section 18.790.030 -C and the" Tree Plan
Requirements Handout" included in your pre-application conference packet)
A TREE PLAN FOR THE PLANING, REMOVAL AND PROTECTION OF TREES prepared by a certified
arbonsi shall be provided for any lot, parcel or combination of lots or parcels for which a development application
for a subdivision, partition, site develop review, � planned develop or conditional use 1s filed.
PROTECTION IS PREFERRED OVER REMOVAL WHEREVER POSSIBLE (Address all iterns in the City's
Tree Plan Requirements Handout).
QTY OF TIGAM Pre - Application Conference Notes Page 5 of 9
TFM TREE PLAN SHALL INCLUDE the following:
P. Identification of the location, size, species, and condition of all existing trees greater than 6 -inch caliper.
Identification of a program to save existing trees or me te tree removal over 12 inches in caliper.
!aWa
llow the replacement guidelines of Section 18.790.060.D according to the following
be exclusive of trees required by other development code provisions for landscaping,
streets and parking lots:
Retainage of less than 25% of exisu'ng trees over 12 inches in caliper requires a mitigation program
according to Section 18.150.070D. of no net loss of Trees;
Retainage of from 25 to 50% of existing trees over 12 inches in calippeer requires that thirds of two-
the trees to be removed be mitigated according to Section 18-790.060D.;
Retainap 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 18.790.060D.;
Retainage of 75% or greater of existing trees over 12 inches in caliper requires no mitigation;
> Identification of all trees which are proposed to be removed, and
A protection program defining standards and methods that will be used by-the applicant to protect trees
duffing and after construction.
TREES REMOVED WITHEN THE PERIOD OF ONE (1) YEAR PRIOR TO A DEVELOPMENT
APPLICATION LISTED ABOVE will be inventoried as part of the tree plan above and will be replaced
according to Section 18.790.060D.
❑ MITIGATION (Refer to Code Section 18.790.060.E.)
REPLACEMENT OF A TREE shall take place according to the following guidelines:
P A replacement tree shall be a substantially similar species considering site characteristics.
If a replacement tree of the species of the tree removed or damages is not reasonably available, the
Director may allow replacement with a different species of equivalent natural resource value.
If a replacement tree of the size. cut is not reasonably available on the local market or would not be viable,
the Director shall require replacement with more than one tree in accordance with the following formula:
• The number of replacement trees required shall be determined bydiv' ' the estima:ed caliper size of
the tree removed or damaged, by the caliper size of the largest reasonab y 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 cn3; 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 Cityfor its costs in performing such tree replacement
CLEAR VISION AREA (Refer to Code Chapter 18.795) 4G
The a re that CLEAR VISION AREAS BE MAINTAINED BETWEEN TWEEN THREE (3) AND EIGHT (8)
FEET HE GHT at road/driveway, road/railroad, and road/road intersections. The size of the required clear
vision area de ends upon the abutting street's functional classification and any existing obstructions within the clear
vision area. ge applicant shall show the clear vision areas on the site plan, and identify any obstructions in these
areas.
❑ FUTURE STREET PLAN AND EXTENSION OF STREETS (Refer to Code Section 18.810.030.F.)
A FUTURE STREET PLAN shall:
Be filed by the applicant in con with an application for a subdivision or partition. The plan shall
show the pattern of existing and future streets from The boundaries of the proposed land division
and shall include boundaries of the proposed land division and shall include other parcels within 200 feet
' surrounding and adjacent to the proposed land division.
Identify existing or proposed bus routes, pullouts or other transit facilities, bicycle routes and pedestrian
facilities on or wuhiii 500 feet of the size.
Where necessaryto give access or permit a satisfactory future division of adjoining land, streets shall be extended to
the boundarylines of the tract to be developed.
CITY OF TIGARD Pre- Application Conference Notes Page 6 of 9
Resid f+PAlimdoa/Plaanine Division section
❑ ADDITIONAL LOT DIMENSIONAL REQUIREMENTS (Refer to Code Section 18.810.060)
lffN UM LOT FRON'T'AGE 25 feet unless lot is created through the minor must h i nor Land partition process.
Lots created as part of a partition ave a mini m um of 15 feet of fronta e or have a
access easement. g rninl� 15 -f6ot wide
The DEPTH OF ALL LOTS SHALL NOT EXCEED 2 TIMES THE
is less than 1 times the mi lot size of the applicable zoning district. AVERAGE WID TK unless the parcel
❑ BLOCKS (Refer to Code Section 18.810.090)
The perimeter of BLOCKS FORMED BY STREETS SHALL NOT EXCEED 1,800 FEET measured along the
n' ht -of -*Way center line except where street location is precluded by nazw l topography, wetlands or other bodies
of water or, pre - existing development.
When block lengths greater than 330 feet are permitted, pedestrian/bikeways shall be provided through the block
CODE CHAPTERS
18.330 (Conditional Use)
18.340 (Director's Interpretation)
_- 18.350 (Planned Development)
/ 18.360 (Site Development Review)
r : 18.370 (vadances/Adjusiments)
18.380 (Zoning Map/TextAmendments)
18.385 (Miscellaneous Permits)
18.390 (Decision Making Procedures4mpact Study)
18.410 (Lot Line Adjushents)
18.420 (Land Partitions)
18.430 (Subdivisions)
X 18.510 (Residential Zoning Districts)
18.520 (Commercial Zoning Districts)
18.530 (Industrial Zoning Districts)
18.620 (Tigard Triangle Design Standards)
18.630 (Washington Square Regional Center)
18.640 (Durham Quarry Design Standards)
18.705 (Access/Egress /Circulation)
18.710 (Accessory Residential Units)
18.715 (Density Computations)
18.720 (Design Compatibility Standards)
18.725 (Environmental Performance Standards)
18.730 (Exceptions To Development Standards)
18.740 (Historic overlay)
18.742 (Home Occupation Permits)
2� 18.745 (Landscaping & Screening Standards)
18.750 (Manufactured /Mobil Home Regulations)
18.755 (Mixed Solid Waste/Recycring Storage)
ADDITIONAL CONCERNS OR COMMENTS:
18.760 (Nonconforming Situations)
18.765 (Off -Street Parking /Loading Requirements)
18.775 (Sensitive Lands Review)
8.780 (si
18.785 (Temporary Use Permits)
- 18.790 (Tree Removal)
_18.795 (Usual Clearance Areas)
18.798 (Wireless Communication Paciiities)
- 18.810 (Street & Utility Improvement Standards)
!FJ
L1
1�-
S
'If �f'/�L /C6*
e
`a 1 L vl' I Lk-yr LVJ rre- nppucauon inference Nores
R.- sidenval Appllcarion/Planning D;vision Secdon
, Ez CfIC -
Page 7 of 9
PROCEDURE
Administrative Staff Review.
Public hearing before the Land Use Hearings Officer.
Public hearing before the Planning Conan ssion.
Public hearing before the Planning Commission with the Commission maldngg a recommendation on
the proposal to the City Council. An additional public hearing shall be held by City Council-
APPLICATION SUBMITTAL PROCESS
All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEM$ER of the
Community Development Department at Tigard City Hall offices. PLEASE NOTE by m arl or drowned nff -ar rhP .,,,..ro...._4t___. ,,, _ Applications submitted
'ihe Planning Division and Engineering Department will perform a preliminary review of th and will
e application
determine whether an application us complete within 30 days of the counter submittal Staff# will notify the
applicant if additional information or additional copies of the submitted materials are required
The administrative decision or public hearing will typically occur. approximately 45 to 60 days after an appli
accepted as cation is
complete by the Plannrrrg Division Applicauons involy' difficult or protracted issues or
I equmng review pother jurisdictions may take additional tune to review VUiitteri recommendati
Till i - staff are issued seven (7) days prior to the p ublic h o from the
use decisions. An appeal on this matter would be hea bytheard 10-dap public a pevpe d follows all land
A basic flow chart which illustrates the review process is available from the P �� a 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 pubfic hearin;.
This PRE - APPLICATION CONFERENCE AND THE NOTES OF THE CONFERENCE ARE
INTENDED TO INFORM the prospective applicant of the p nmazy Comm Development Code
requirements applicable to the potential development of a particular site and to allow the Cny staff and prospective
applicant to discuss the opportunrues and constraints affecting development of the sire.
SUBDIVISION PLAT NAME RESERVATION (Washington County Surveyor's Office: 503 - 648 -8884)
PRIOR TO SUBMITTING A SUBDIVISION LAND USE APPLICATION . with the C ity of T a hcanrs
are re aired to
m order complete and file a subdivision plat naming request with the Wasu�aton C tyS �S
to obtain approvaUreservation an subdivision name. Applications will not be accepted as complete
until the City receives the faxed confirmation of approval from the County of the Subdivision Name Reservation.
BUILDING PERMITS
PLANS FOR BUILDING AND OTHER RELATED PERMITS WILL. NOT BE ACCEPTED FOR REVIEW
UNTIL A LAND USE APPROVAL HAS BEEN ISSUED. Final inspection approvals by the Building
Division will not be granted until there is compliance with all conditions of development approval. These
pre-a�pplication notes do not include comments from the Building Division. For proposed buildings or
moomcations 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 (SDq credits and the underlying parcel for that structure will be elimina when
the new plat is recorded, the Cites oolicy is to awniv thn z, 'z'Mran,
PERMIT IS OBTAINED).
MY OF TIGARD Pre- 4P]ication Conference Notes
Retid=:ri l AppkariodMnning Division Seadon Page 8 of 9
TT T a
a 1- Z tj IN V 11r
The conference and notes cannot cover all Code requirements and asp ect s relate
that should apply to the developm of p d to site plan
P. your site plan.. Failure of the staff to provide information
required by the Code shall not constitute a waiver of the applicable standards or requirements. it is
recommended that a prospective applicant either obtain and read the Community Develop
Code or ask any questions of - City • staff relative . to Code - -regturements prior to submit a
applicat
AN ADDITIONAL PRE - APPLICATION FEE AND CONFERENCE WILL BE REQUIRED IF AN
APPLICATION PERTAINING TO THIS PRE - APPLICATION CONFERENCE IS
PERIOD OF MORE THAN SIX (b) SUBMITTED AFTER A
S FOLLOWING THIS CONFERENCE (ursless deemed as
unnecessary bythe Planning Division MONTH
}.
PREPARED BY: (j- � �tSTt CITY OF TIGARD P GN
PHONE: 503 - 639 -4171 FAX 503 -624 --3681
EMAIL: r
QE
'I HOLDING PRE -APP. MEETING
DIRECT: 503 -718 - - ---
TITLE 18 {QTY OF TIGARD'S COMMUNrj yDEVELppMEN. CODE} INTERNET ADDRESS: www.tigard -or aov
H \patty \masrers \Pre -App Notes Resideniial.doc Updated 27- Feb-08
,(Engineering section: preapp.e4
CITY OF TIGARD Pre - Application Conference Notes Page 9 of 9
Rmid=;21 APPGaaon/Pkaaiag Division S=doa
ffi ®� }May. 11. 2009 1:53PM Harris Mci�o r MAY -- -�
1! 2009
Clean' ater \`' Services
Our commilmcni Is cicar. By --
Sensltfve Area Pre - Screening
Site Assessment
�a
No. 0025 P. 1
CwS Flis Humber
Jurisdiction:
Property information; (eXampfa 1S234AHOf400)
Owner Information;
TaxlotlD(s)_ 2S- 1 -04AC TL 2700
Name: Danielle Wilde
Company:
Address: 12550 SW 134th Ave
S1teAddress; 12550 SW 134th Ave
Tigard, OR 97223
Phone /Fa7G 503 - 318 - 1566 J
E -mail:
Nearest Cross Street 13en:Lsh street to the north
Development Activity_ Check all [hat apply
Applicant Information;
Addition to Single Family Residence (rooms, deck, garage) ❑
Name: Steve D100mguist
Lot Line Adjustment ❑ Minor Land Partition ❑
Company. Harris McMonagl Associates =nc.
Residential Condominium ❑ Commercial Condominium ❑
Address: 8740 Scoffins Street:
ResldenfJal Subdivision ❑ Commercial Subdivision ❑
Tigard., Or 97223
Single Lot Commercial ❑ Multi Lot Commercial Cl
Phone/Fax: S(33-639-2453 (ext 3,9 fax 639 -1232
Other Change exiata,ng adult foster care facility
to reaidentia2 care facillt:y�.
1= mail stevnohwmc.com
Will the project involve any off -site work; YES ❑ NO X❑ Unknown ❑ Locatlon and description of off -site work;
Additlonal comments or Information that may be needed to understand your project:
aPN.,wuw, uwa nv rr,pace use nuua ror uraaing and Erosion Control Yermlts, Connection PermltS, Building Permits, Site Davolopmant
Permits, D5Q 1200 -C Permit pr outer permits as issued by the Department of Environmental Quality, Department of State Lands andror Department of
(heArmy COE, All required permits and approvals must be obtained and completed underappltcable local, state, and federal raw.
By signing this form, the Owner or Owner's aulha&ed agent or reprgsentagve, acknowledges and agrees (hal employees of Clean watorSetvkas have authority
to enter the project wile at all reasonable times ror the purpose of lnspedng project site condi5ors and gathering inrormarion related (o the projed site, I certify
tha(l am famillarwlth the Information contained Ire this document, and to (he bast of my knowledge and belief, Ws Wormatlon 1s true, cornoola, and —
accurate- Print/Type Name: Steve �Rloomqulat Print/Type Title: Land Us e M anner �1
Signature Date. �s
FOR DISTRICT USE ONLY
❑ Sensitive areas potentially exist on site or within 200' of the site. 7HE AP_P_LiCANT MUST PERFORM A SITE ASSESSMENT
PRIOR TO ISSUANCE OF A SERVICE PROVIDER LETTER if Sensitive Areas exist on the site or wflhi t 200 feet on
Adjacent properties, a Natural Resources Assessment Report may also be required.
Based on review of the submitted materlals and best available information Sensitive areas do not appear to exist on site or
within 200' of the site. This Sensitive Area Pre- Screening Site Assessment does NOT eliminate the need to evaluate and
protect water quality sensitive areas if they are subsequently discovered. This document will serve as your Service Provider
felter as required by Resolution and Order 07 -20, Section 3.021. All required permits and approvals must be obtained and
completed under applicable local, State, and federal law. Of v Af P 5 `ia 9—fr P iPtrD
❑ Rased on review of the submitted materials and best available information the above referenced project will not sigHficandy
Impact the existing or potentially sensitive area(s) found near the site. This Sensitive Area Pre- Screening Site Assessment
does NOT eliminate the need to evafuate and protect additional water quality sensillve areas if they are subsequently
discovered. This document will serve as your Service Provider letter as required by Resolution and Order 07 -20, Section
3.024. All required permits and approvals must be obtained and completed underappricable local, state, and federal law.
❑ This Service Provider Letter Is not valid unless CWS approved site plan(s) are attached.
❑ The proposed activity does not meet the definition of development or the lot was platted after 9/9/95 ORS 92,090(2), NO SITE
ASSESSMENT O, t SERVICE PROVIDER LITTER IS REQUIRED.
Reviewed By: S�7 \ � _ �- ^--� Date; -- /I f o
2550 SW Msboro H10way • Hinsboro, Oregon 97128
Phone: (603) 6815100 • FmC (503) 661 -4939 • %yy Ny i6=N\w
no.:,,stro�s,2m�
Page I of 1
Steve Bloomquist
From: Brown, Jason [JBrown2 @wm.com]
Sent: Tuesday, November 10, 2009 12:24 PM
To: Steve Bloomquist
Steve,
With no change in service needed at 12550 SW 134th Ave. Waste Management has no issues with the proposed
changes.
Regards,
Jason Brown
Roll-Off/Commercial Route Manager
Waste Management of Oregon
Office- 503 - 992 -3013
Fax- 503357 -4822
ibrown2 @wm.com
Waste Management is North Americas largest recycler. We processed enough recyclables to fill the
Empire State Building more than eight times last year.
Waste Management recycles enough paper every year to save 49 million trees. By not
printing this email, you can help save even more.
11/10/2009
12550 SW 134 AVENUE
CONDITIONAL USE
WRITTEN NARRATIVE
CITY OF TIGARD
TABLE OF CONTENTS
Applicant and Consultants ................................................... ..............................3
ZoningMap ....................................................................... ..............................4
AerialPhotograph ............................................................. ..............................5
RequestedApproval .......................................................... ..............................6
Background Information and Definitions ................................... ...........................6 -11
Existing Conditions ........................................................... .............................12
General Site Information ...................................................... .............................13
ProjectDescription .............................................................. ..........................14 -15
Applicable Policies and Findings ................................................... ..........................16 -57
ImpactStudy .................................................................. .............................58
Applicant/Owner: Danielle Wilde
12550 SW 134 Avenue
Tigard, Oregon 97223
Contact: Danielle Wilde
Phone: 503 -318 -1586
- Planning/Engineering/Surveying: Harris- McMonagle Associates, Inc.
8740 SW Scoffins Street
Tigard, Oregon 97223
Contact: Steve Bloomquist
Phone: 503-639-3453 Fax: 503-639-1232
Property Description: Washington County Assessor's Map 25- 1 -04AC, Tax Lot 2700
Site Address: 12550 SW 130 Ave
Site Size: 0.17 Acres
Zoning: R -25 (Medium High Density Residential)
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ZONING AND VICINITY MAP
4
AERIAL PHOTOGRAPH
BACKGROUND INFORMATION
Mme. .K:rd j
-The owner and applicant is currently licensed by the State of Oregon to operate an Adult Foster
Care Home for the property located at 12550 SW 134' Ave.
The State of Oregon defines "Adult Foster Homes (AFH)" as any family home or other facility in
which residential care is provided in a home -like environment for compensation. By State law
Adult Foster Home care can be provided to five or fewer adults who are elderly or physically
disabled and are not related to the licensee or resident manager by blood, marriage or adoption.
For the purpose of the State definition, adult foster homes do not include any house, institution,
hotel or other similar living situation that supplies room or board only, if no resident thereof
requires any element of care. Adult Foster Homes offer and coordinates a range of supportive
services which are available on a 24 -hour basis to meet activities of daily living (ADL's) for
each individual, to provide for the health, and social needs each resident as described in the State
of Oregon rules and regulations for Adult Foster Homes. For each individual a program approach
is used to promote resident self - direction and participation in decisions that emphasize choice,
dignity, individuality, and independence.
The City of Tigard allows home care to be provided to five or fewer individuals as a use
permitted outright within all residential zoning districts per allowed use table 18.510.1. With
these in mind Adult Foster Homes are allowed outright requiring no land use review. Adult
Foster Homes are licensed and regulated by the State of Oregon.
The City of Tigard considers caring for more than six individual (6) as "Group Living ". Home
care of six or more individuals is a use permitted on a case by case basis subject to a Conditional
Use Review. The State of Oregon categorizes homes that care for more than five individuals
Residential Care Facilities. Residential Care Facilities are also licensed and regulated by the
State of Oregon.
REQUESTED APPROVAL(S)
The purpose of this application is to request two (2) concurrent preliminary land use approvals;
(1.) Conditional Use Permit to allow more than six elderly and disabled individuals to be
cared for.
-The type of Conditional Use proposed (care of more than 6 people) requires the applicant to
obtain new licensing from the State of Oregon for a Residential Care Facility. The State of
Oregon defines "Residential Care Facilities" as a building, consisting of shared or individual
living units in a homelike surrounding where six or more seniors and or adult persons with
disabilities may reside.
(2.) A concurrent Special Adjustment to the onsite parking requirements to allow one less
parking space than the current parking regulations require.
*As part of the Conditional Use Permit the applicant proposes to restrict the care provided in
her home to allow for elderly care only. Elderly means an individual who is 62 years of age
or older. In addition to the use restriction proposed the applicant will accept any reasonable
limitations or use restrictions that the City deems necessary to apply as part of the
Conditional Use Agreement.
*Also as part of this application the applicant proposes to dedicate 2 feet of additional right -
of -way along SW 134' Ave. The applicant proposes some minor interior site improvements
in order to bring the site into conformance for the proposed use. The proposed improvements
will be discussed in a following section in this narrative. No exterior building modifications
are proposed to the exterior of the home on the subject site.
ADDITIONAL BACKGROUND INFORMATION
It is important to note that the type of use proposed by the applicant requires work concurrently
with both City of Tigard and the State of Oregon. The State requires the applicant to obtain a
new license to allow the change from Adult Foster to a Residential Care Facility. The applicant
has submitted the necessary documentation to the State for preliminary review to obtain the new
license for a Residential Care Facility. The application with the State is pending approval of this
Conditional Use application with the City of Tigard.
0
It is important to understand that Adult Foster Homes are very similar in nature to Residential
Care facilities as they both offer and coordinate a range of supportive services for the elderly and
disabled. Services for each type of home are available on a 24 -hour basis. Special services are
provided to each individual to meet the health and social needs of each resident. A program
approach is used to promote resident self - direction and participation in decisions that emphasize
choice, dignity, individuality, and independence. The major difference between Adult Foster
Homes and Residential Care facilities is that Adult Foster Homes allow for the care of five or
less individuals and Residential Care Facilities allow for the care of more than 6 individuals at
any given time.
It is important to note that the City of Tigard has not yet specifically defined the terms Adult
Foster Home or Residential Care Facility within the definitions portion of the Community
Development Code. The City of Tigard categorizes these types of homes as "Group Living"
arrangements.
The senior and Disabled Services Division (SPD) serves senior citizens and other people with
disabilities through programs that encourage independence, dignity, and quality of life. Services
are provided through State field offices and other Area Agencies such as Washington County.
The SPD created the Community Based Care Team in 1997. This division is responsible for
developing the policies and Oregon Administrative Rules covering the operations of Adult Foster
Homes, Residential Care Facilities, Continuing Care Retirement Centers, Assisted Living
Facilities and other types of in home services for the elderly and disabled. The Community Care
Team performs random monitoring of all homecare facilities. All complaints or violations are
investigated by a Corrective Action Team. The Corrective Action Team evaluates the complaint
to determine if the complaint is valid and if a State Administrative Rule has been violated. If
needed, the Corrective Action Team then determines the appropriate sanction or corrective
action to impose on the facility or individual based the infraction or violation.
All home based care facilities are required to be licensed by the State in order to begin
operations. No home based care facility license is transferable to any location, other facility,
new management agent or other ownership, other than that indicated on the license to the
licensee. The licensee and prospective licensee must notify SPD in writing 60 days prior to any
change in ownership or management. Upon any change in ownership SPD will conduct the
necessary background checks on the prospective licensee to ensure they are properly licensed
and qualified. SPD will notify the buyer and seller in writing if the change in ownership will be
allowed. All licenses must be renewed on an annual basis.
All care facilities licensed by the State which care for seniors and People with Disabilities will
neither assume a descriptive title nor be held under any title other than what is permitted within
the scope of its license. The State licensing process consists of a background check on the
applicant, and on on -site facility inspection to ensure that the facility will meet health and safety
standards. When it has been verified that the applicant has the proper qualifications, credentials
and training the licensing agency issues a license which is valid for one year. The State further
conducts evaluations on an annual or bi- annual basis. Deficiencies are cited and monetary
penalties can be assessed if the facility does not come into compliance with applicable laws or
regulations. In addition the State licensing agency investigates complaints and addresses the
concerns of neighbors and other community members if needed.
6
Certain types of care facilities are for persons defined by Federal law as being "handicapped"
which includes those having physical or mental impairments, or those recovering from alcoholic
or substance abuse. These types of care facilities are different supportive group living
arrangements where special care services are provided and different State Licensing is required.
Homes for those affected by addictions are categorized as Adult Treatment Facilities.
It should be noted that during the preparation of this application a few neighbors had expressed
concerns as to the type of people who could be cared for if the City allows the Conditional Use
Permit. Neighbors had concerns that the change in use would open the door for the applicant to
provide addiction treatment services or support other types of transitional housing arrangements.
It is important to note that the type of people that will be cared for will not change as a result of
this application. The State licenses each individual based upon their care qualifications and with
respect to the amount of individual living space and other facilities (i.e. bedrooms, bathrooms
etc.) in each home that can be provided to each individual. The applicant specializes and is
licensed to provide care for the elderly and others with disabilities and has no intentions of
providing addiction or other types of services. In an effort to alleviate these concerns the
applicant has offered to limit the care provided in her home to allow for elderly care only. The
State of Oregon defines elderly as an individual who is 62 years of age or older. In addition to
the proposed use restriction the applicant will accept any other reasonable limitations or use
restrictions that the City and or others deem necessary to apply as part of the Conditional Use
Agreement.
IMPORTANT STATE OF OREGON DEFINITIONS
(3) "Activities of Daily Living (ADL)" means those personal functional activities required by an
individual for health and safety. For the purpose of these rules, ADL's consist of eating, dressing
and grooming, bathing and personal hygiene, mobility (ambulation and transfer), elimination
(toileting, bowel and bladder management), and cognition and behavior management.
(a) "Independent" means the resident can perform an ADL without help.
(b) "Assist" means the resident is unable to accomplish with all tasks of an ADL, even with
assistive devices, without the assistance of another person.
(c) "Full Assist" means the resident is unable to do any part of an ADL task, even with assistive
devices, without the assistance of another person. This means the resident requires the hands -on
assistance of another person through all phases of the activity, every time the activity is
attempted.
Services that are currently provided to assist the resident in performing all activities of daily
living on a 24 hour basis include;
A. Assistance with mobility, including one person transfers;
B. Assistance with bathing and washing hair;
C. Assistance with personal hygiene (shaving, and caring for the mouth);
8
D. Assistance with dressing and undressing;
E. Assistance with grooming (nail care and brushing/combing hair)
F. Assistance with eating;
G. Assistance with toileting;
H. Intermittent cuing, redirecting and environmental cues for cognitively impaired residents
and;
I. Intermittent intervention, supervision and staff support for residents who exhibit
behavioral symptoms;
J. Medication administration
K. Household services essential for the health and comfort of the resident that are based
upon the residents needs and preferences (floor cleaning, bed making dusting etc.)
All facilities must provide or arrange for the following:
A. Transportation for medical and social purposes.
B. Ancillary services for medically related care (physician, pharmacist, therapy, podiatry,
barber or beauty services, social or recreational opportunities, hospice and home health
and other services necessary to support the resident.
* Both Adult Foster Homes and Residential Care facilities must provide these types of services
to each elderly of physically disabled individual that they care for.
All facilities upon a resident moving in must provide an initial screening:
A. The facility must determine whether a potential resident meets the facilities
admission requirements.
B. Prior to moving in the facility must conduct an initial screening to determine the
prospective resident's service needs and preferences. The screening is to
determine the ability of the facility to meet the potential resident's needs while
considering the needs of the other residents already at the facility and the facilities
overall service capability.
C. Prior to move in each resident must provide the following minimum information:
a. prior living arrangements
b. emergency contacts
c. resident, family and social support
d. legal, financial relationships
e. health and social service providers
0
f. Visits to health practitioners, ER, hospital or nursing facility in past year
g. Mental Health issues - Depression, thought disorders, mood problems,
history of treatment,
h. Cognition, including; memory, orientation, confusion, decision making
abilities
i. Communication and sensory; hearing, vision, speech and ability to
understand and be understood.
411 - 050 -0400 ORS Definitions
(25) "Disabled" means a person with a physical, cognitive, or emotional impairment which, for
the individual, constitutes or results in a functional limitation in one or more activities of daily
living.
443.400 Definitions for ORS 443.400 to 443.455. As used in ORS 443.400 to 443.455 and
443.991 (2), unless the context requires otherwise
(5) "Residential care facility" means a facility that provides, for six or more socially
dependent individuals or individuals with physical disabilities, residential care in one or more
buildings on contiguous properties.
(9) "Residential treatment facility" means a facility that provides, for six or more
individuals with mental, emotional or behavioral disturbances or alcohol or drug dependence,
residential care and treatment in one or more buildings on contiguous properties.
(12) "Treatment' ' means a planned, individualized program of medical, psychological or
rehabilitative procedures, experiences and activities designed to relieve or minimize mental,
emotional, physical or other symptoms or social, educational or vocational disabilities resulting
from or related to the mental or emotional disturbance, physical disability or alcohol or drug
problem. [1977 c.717 §1; 1987 c.548 §1; 1989 c.224 §95; 1989 c.488 §1; 1991 c.801 §1; 2001
c.900 §183; 2005 c.22 §306; 2007 c.70 §245]
443.405 Exclusions from definition of "residential facility." For purposes of ORS 443.400 to
443.455 and 443.991 (2), "residential facility" does not include:
(1) A residential school;
(2) A state or local correctional facility, other than a local facility for persons enrolled in work
release programs maintained under ORS 144.460;
(3) A youth correction facility as defined in ORS 420.005;
(4) A youth care center operated by a county juvenile department under administrative control
of a juvenile court pursuant to ORS 420.855 to 420.885;
(5) A juvenile detention facility as defined in ORS 419A.004;
(6) A nursing home;
(7) A hospital;
(8) A place primarily engaged in recreational activities;
(9) A foster home; or
(10) A place providing care
10
443.410 License required. A license issued by the Department of Human Services is required in
order to operate or maintain any residential facility for persons who have developmental,
physical or psychiatric disabilities or are socially dependent or alcohol or drug dependent. In the
case of a combination of residents, the category of licensure shall be determined by the Director
of Human Services. [1977 c.717 §3; 1983 c.510 §19; 1989 c.224 §96; 1989 c.488 §2; 1991 c.801
§2; 2007 c.70 §246]
443.445 Persons admissible at facilities and homes; transfer of persons requiring certain
treatment; operation of facilities by persons relying on spiritual means for healing.
(1) No residential facility or home shall admit individuals who require continuous nursing care
except as provided in subsection (3) of this section.
(2) Except as provided in subsection (3) of this section, if any resident of a residential facility
or home requires nursing care for eight or more consecutive days or a physician or the designee
of a physician or a registered nurse certifies that continued nursing care is required, the resident
shall be transferred to an appropriate health care facility for as long as necessary.
(3) A resident of a residential facility or home who requires nursing care in addition to
training, treatment or care needs, or any combination thereof, may be served by that facility or
home with approval from the Department of Human Services and in accordance with the rules of
the department and consistent with rules adopted by the Oregon State Board of Nursing under
ORS 678.150 (9).
(4) No residential facility or home shall admit individuals of categories other than those
designated on its license without prior written consent of the department.
(5) In the case of residential facilities or homes supervised by and operated exclusively for
persons who rely upon prayer or spiritual means for healing in accordance with the creed or
tenets of a well- recognized church or religious denomination, no medical, psychological or
rehabilitative procedures shall be required. [1977 c.717 §5; 1991 c.292 §2; 2001 c.900 §185]
443.480 Definitions for ORS 443.480 to 443.500.
(1) "Elderly" means an individual who is 62 years of age or older.
(2) "Disability" means a physical or mental impairment which for the individual constitutes or
results in a functional limitation to one or more major activities of daily life. [1989 c.581 §5;
2007 c.70 §248]
City of Tigard CHAPTER 18.120 Applicable Definitions
Conditional Use - A use which may be permitted by the approval authority following a public
hearing, upon findings by the authority that the approval criteria have been met or will be met
upon satisfaction of conditions of approval.
Permitted use - Any use allowed in a zoning district and subject to the restrictions applicable
to that zoning district as provided in the development code.
"Residence" - A structure designed for occupancy as living quarters for one or more persons.
The term is synonymous with "dwelling unit."
Group Living -No definition listed in Chapter 18.120. A definition has been provided above in
this narrative.
11
Residential Care Facility -No definition listed in Chapter 18.120. This definition is defined by
the State of Oregon who licenses these types of facilities.
Adult Foster Care -No definition listed in Chapter 18.120. This definition is defined by the State
of Oregon who licenses these types of facilities.
EXISTING CONDITIONS:
The subject site is located at 12550 SW 134 Ave in the City of Tigard, Oregon. It is specifically
identified as tax lot 2700 on Washington County Tax Assessors map 2S- 1 -04AC. The site is
0.17 gross acres (7,209 square feet) in size and irregular in shape. The current owner /applicant
purchased the house in 1993 and improved the interior home for the sole purpose of converting
the residence into an Adult Foster Home. The State of Oregon subsequently licensed the home
to operate as an Adult Foster Home care.
The home currently contains 7 bedrooms with 8 beds, 3 bathrooms, a living room, kitchen and
dining area. The front rear and side yards of the site have been landscaped with planter beds,
shrubs and trees. The site is generally flat but, slopes from the south towards the northeast at
varying degrees. An existing conditions plan and site photographs have been included with this
application to further document existing conditions on and around the site.
The subject site is located within the R -25 zoning district. The purpose of this zoning district is
to provide appropriate locations to accommodate existing housing of all types in addition to new
attached single - family and multi - family housing on a minimum lot size of 1,480 square feet. A
limited amount of neighborhood commercial uses are permitted outright and a wide range of
civic, institutional and other uses are permitted conditionally as specified in the allowed uses
table 18.510.1.
The northern boundary of site abuts tax lot 2800 referenced from Washington County Tax
Assessors map 2S104ACA. The southern boundary of site abuts tax lot 2600 identified on
Washington County tax map 2S 104AC. The eastern boundary of the site abuts one tax lot 2500
also identified on Washington County tax map 2S104AC. All lots surrounding the site are zoned
R -25 and have been developed with single family homes.
The site has 135 lineal feet of public street frontage along its western boundary SW 134 Ave.
SW 134 Ave is classified as a local street which travels in a north/south direction. SW 134
Ave is currently 50 feet in total right of way width or 25 feet to centerline from the sites western
boundary. The sites frontage and all lots bordering SW 134 Ave has been improved with a five
foot wide standard curb tight sidewalk along both sides of SW 134 Ave. Parking is also
allowed on both sides of the street.
The applicant is currently licensed by the State to operate an Adult Foster Home on the subject
site. The applicant specializes in the care of elderly and physically disabled individuals. The
subject site has been owned and maintained by the applicant for 18+ years. Throughout these
years the applicant has cared for many elderly and disabled individuals. During this time there
have been no complaints filed due to various violations and or concerns by neighbors in the area.
Over the years the applicant has gained the respect and support of many neighbors who live
nearby. The applicant has included letters of support from surrounding property owners and
12
employees; these letters have been included with this application narrative as exhibits.
General Site Information
Political Boundaries
City Tigard
County Washington Co.
Urban Growth Boundary Inside
Zip Code 97223
Zoning
Local Designation R -25
Generalized Classification Medium - Density Residential
Environmental Findings
Flood Plain (FEMA 100 yr.) Outside
Fire Protection Tualatin Valley Fire & Rescue
Parks City of Tigard
School District Beaverton No. 48J
Sewer Clean Water Services District
Water City of Tigard
13
LOTS
The R -25 zoning district requires a minimum lot size of 3,050 square feet for single family
detached homes. The R -25 zoning district does not have an average width or specific depth
dimensional requirement. This zoning district allows for a maximum building height of 45 feet.
Minimum setbacks for single family detached units are 15 foot front and rear yards, 5 foot side
yards and 20 feet to the front of the garage from the property line. The R -25 zoning district also
allows for up to 80% of the site area to be developed with a minimum requirement of 20% of the
site to be landscaped.
The home on the site is a detached dwelling situated on a 7,209 square foot lot. With
consideration of two feet of additional right of way dedication along SW 134 Ave the resulting
lot will be 6,941 square feet in size. The resulting lot will meet the minimum dimensional/area
requirements. The existing building on the site is one and a half stories in height. As
demonstrated on the dimensioned site plan the existing building meets all front, rear and side
setback requirements in the R -25 zoning district. The existing building covers 2,141 square feet
of the site or 30% of it. The current amount of landscaped area on the subject site is 34 %. No
modifications are proposed to the exterior of the existing building.
STREETS- INGRESS & EGRESS
SW 134 Ave is currently 50 feet in total right of way width or 25 feet from the sites western
boundary to centerline. SW 134 Ave is classified as a local neighborhood street that travels in a
north/south direction. The sites frontage along SW 134 Ave has been improved with concrete
curb and sidewalks along both sides of the street. Parking is currently allowed on both sides of
the street.
The current 50 foot wide right of way width does not meet the current new standard for local
streets which requires 54 feet or 27 feet from centerline. Two feet of additional right of way
along SW 134 Ave is proposed for dedication with this application. The current improvements
along SW 130 Ave also do not meet the current standard. The new standard requires a planter
strip in addition to a sidewalk. Since the sites frontage and entire block along SW 134 Ave has
been constructed exclusively with curb tight sidewalk it is requested that future public street
improvements to SW 134 Ave, be postponed until such a time when it becomes feasible to
accomplish a larger scale of public improvements to the immediate area. The applicant requests
the city allow the applicant to sign a future street improvement guarantee to be recorded prior to
final occupancy. The document will guarantee future %2 street improvements to SW 134 Ave.
The City Engineering has requested that street trees be planted along SW 134 Ave. In
accordance with these requirements street trees will be planted as part of this application. The
trees will be planted behind the sidewalk inside the property line along SW 134 Ave spaced
accordingly, as shown on the site plan submitted with this application. Two large stature trees
will also be planted on the sides of the driveway (proposed to be widened) to provide a canopy
effect over the driveway /parking area.
Currently, access is provided to the site via an individual 18 foot wide driveway directly on SW
134 Ave. This existing access is identified on the existing conditions plan. The existing
driveway currently allows for two off street parking places and is proposed to be widened to 30
feet to allow for one additional parking space.
14
PARKING
Currently onsite parking is provided within the driveway which allows for two vehicles to park.
Typically there is one licensed caregiver working in the home 24 hours a day, in addition to the
applicant who may be there as well. All employees currently either park in the driveway or take
the bus to work. The applicant/owner also parks in the driveway. Guests that come to visit do so
after 9:00 am and typically spend' /2 to 1 hour visiting and park along SW 134 Ave. Parking is
currently allowed on both sides of SW 130 Ave. Parking at the site has never been a problem.
The applicant has taken pictures throughout the week at various times of the day to document the
fact that there are not conflicts with parking. If it is determined necessary the applicant will print
photographic evidence with the date and time pictures where taken throughout the week.
The minimum requirement for off street parking for "group living" is 1 space per 2.5 beds. With
a total of eight beds in the home the applicant is required to have 3.2 (rounds up to 4) onsite
parking spaces. Currently there are two existing off street parking spaces on the site. In order to
accommodate for at least one additional onsite parking space the driveway is proposed to be
widened to 30 feet for one additional parking space which may be needed as a result of the
increase in residents. To sum up the parking arrangement with consideration of the additional
parking space being provided the applicant has provided enough off street parking spaces to
allow for two caregivers and a doctor to be onsite if needed. None of the residents cared for by
the applicant have vehicles and arrangements are made for them to be picked up and dropped off
to appointments. Since the fractional space requirements is so minor in nature (0.2) and the
appropriate amount of off - street parking can be provided for the number of employees and or
others who may visit the site, the applicant respectfully requests a Special Adjustment to allow
three onsite parking spaces in lieu of 4. It should be noted that a few residents had expressed
concern that a parking lot or more parking than needed would ruin the residential character of the
neighborhood. With respect to the existing residential character of the neighborhood and the
concern of the neighbors the applicant has proposed the minimum modification necessary to
allow for one additional off street parking place which will blend in with the existing driveway
and allow for an additional employee to park off street if necessary.
SANITARY SEWER SYSTEM
The existing building is connected to the public sanitary sewer system in SW 134 Ave. No new
sanitary sewer connections are proposed or needed.
STORM WATER
The subject site naturally slopes towards the north and northeast at varying degrees. Currently
all stormwater is directed towards SW 130 Ave through weep holes in the curb. No additional
storm facilities are proposed or needed as a result of this application.
WATER SYSTEM
A public water line is located in the SW 134 Ave. The existing building is currently connected
and will utilize this existing water service.
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Chapter 18.510
RESIDENTIAL ZONING DISTRICTS
18.510.010 Purpose
18.510.020 List of Zoning Districts
18.510.030 Uses
18.510.040 Minimum and Maximum Densities
18.510.050 Development Standards
18.510.060 Accessory Structures
18.520.030 Uses
A. Types of uses. For the purposes of this chapter, there are four kinds of use:
1. A permitted (P) use is a use which is permitted outright, but subject to all of the applicable
provisions of this title. If a use is not listed as a permitted use, it may be held to be a similar
unlisted use under the provisions of Section 18.130.030;
2. A restricted (R) use is permitted outright providing it is in compliance with special requirements,
exceptions or restrictions;
3. A conditional use (C) is a use the approval of which is at the discretion of the Hearings Officer.
The approval process and criteria are set forth in Chapters 18.310 and 18.320. If a use is not
listed as a conditional use, it may be held to be a similar unlisted use under the provisions of
Chapter 18.230;
4. A prohibited (N) use is one which is not permitted in a zoning district under any circumstances.
B. Use table A list of permitted, limited, conditional and prohibited uses in commercial zones is
presented in Table 18.520.1.
18.510.010 Purpose
A. Preserve neighborhood livability. One of the major purposes of the regulations governing
development in residential zoning districts is to protect the livability of existing and future residential
neighborhoods, by encouraging primarily residential development with compatible non - residential
development -- schools, churches, parks and recreation facilities, day care centers, neighborhood
commercial uses and other services -- at appropriate locations and at an appropriate scale.
A Encourage construction of affordable housing. Another purpose of these regulations is to create the
environment in which construction of a full range of owner - occupied and rental housing at affordable
prices is encouraged. This can be accomplished by providing residential zoning districts of varying
densities and developing flexible design and development standards to encourage innovation and
reduce housing costs.
18.510.020 List of Zoning Districts
G. R -25: Medium High - Density Residential District. The R -25 zoning district is designed to
accommodate existing housing of all types and new attached single-family and multi family housing
units at a minimum lot size of 1,480 square feet. A limited amount of neighborhood commercial uses
is permitted outright and a wide range of civic and institutional uses are permitted conditionally.
18.510.030 Uses
A. Types of uses. For the purposes of this chapter, there are four kinds of use:
1. A permitted (P) use is a use which is permitted outright, but subject to all of the applicable
provisions of this title. If a use is not listed as a permitted use, it may be held to be a similar
unlisted used under the provisions of Chapter 18.230;
2. A restricted (R) use is permitted outrightproviding it is in compliance with special requirements,
exceptions or restrictions;
3. A conditional use (C) is a use the approval of which is discretionary with the Hearings Officer.
The approval process and criteria are set forth in Chapters 18.310 and 18.320. If a use is not
listed as a conditional use, it may be held to be a similar unlisted used under the provisions of
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Chapter 18.230;
4. A prohibited (N) use is one which is not permitted in a zoning district under any circumstances.
B. Use table. A list ofpermitted, limited, conditional and prohibited uses in residential zones is presented
in Table 18.510.1.
TABLE 18.510.1
USE TABLE
USE CATEGORY
R -25
RESIDENTIAL
Household Living
P
Group Living
Ri /C
Transitional Housing
C
Home Occupation
Rz
P= Permitted R= Restricted C= Conditional Use N =Not Permitted
!Group living with five or fewer residents permitted by right; group living with six or more residents
permitted as conditional use.
2Permitted subject to requirements Chapter 18.742.
FINDING
The site is within the R -25 zoning district. Group living or the care of five or fewer residents
who are not related is a permitted use out right in all residential zoning districts. Group living or
the care of six or more individuals who are not related is permitted as a Conditional Use. The
applicant has proposes a Conditional Use to allow group living of six or more residents.
18.510.040 Minimum and Maximum Densities
A. Purpose. The purpose of this section is to establish minimum and maximum densities in each
residential zoning district.
FINDING
The applicant has not proposed a land division as part of this application, therefore the density
requirements of Section 18.510.040 do not apply to this application.
18.510.050 Development Standards
A. Compliance required. All development must comply with:
1. All of the applicable development standards contained in the underlying zoning district, except
where the applicant has obtained variances or adjustments in accordance with Chapters 18.370;
2. All other applicable standards and requirements contained in this title.
A Development Standards. Development standards in residential zoning districts are contained in Table
18.510.2.
FINDING
The R -25 zoning district requires a minimum lot size of 3,050 square feet for single family
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detached homes. According to table 18.510.2 referenced from the City of Tigard Community
Development Code the R -25 zoning district does not have an average width or specific depth
requirement. This zoning district allows for a maximum building height of 45 feet. Minimum
setbacks for single family detached units are 15 foot front and rear yards, 5 foot side yards and
20 feet to the front of the garage from the property line. The R -25 zoning district also allows for
up to 80% of the site area to be developed and minimum requirement of 20% of the site to be
landscaped.
With consideration of 2 feet of additional right of way dedication along SW 134 Ave the
resulting lot will be 0.16 net acres or 6,941 square feet in size. The existing building on the site
is one and a half stories, which is less than 45 feet in height. As demonstrated on the
dimensioned site plan the existing building meets the front, rear and side setback requirements in
the R -25 zoning district. The existing building covers 2,141 square feet of the site or 30% of it.
The current amount of existing landscaped area on the subject site is 34 %. No exterior
modifications are proposed to the existing building as a result of this application. Please
reference the dimensioned site plan to verify compliance with these requirements.
18.510.060 Accessory Structures
A. Permitted uses. Accessory structures are permitted by right in all residential zones subject to the
following:
FINDING
No accessory structures are proposed with this application; therefore this section is not
applicable to this application.
Chapter 18.330
CONDITIONAL USE
Sections:
18.330.010 Purpose
18.330.020 Approval Process
18.330.030 Approval Standards and Conditions of Approval
18.330.040 Additional Submission Requirements
18.330.050 Additional Development Standards for Conditional Use Types
18.330.010 Purpose
A. Purpose. The purpose of this chapter is to provide standards and procedures under which a
conditional use may be permitted, enlarged or altered if the site is appropriate and if other appropriate
conditions of approval can be met. There are certain uses which due to the nature of the impacts on
surrounding land uses and public facilities require a case -by -case review and analysis.
18.330.020 Approval Process
A. Initial applications. A requestfor approval for a new conditional use shall be processed as a Type
IIIHO procedure, as regulated by Chapter 18.390.050, using approval criteria contained in Section
18.330.030A and subject to other requirements in this chapter.
FINDING
The applicant has requested approval for a Conditional Use, specifically to allow her to care for
six or more elderly individuals. As part of this Conditional Use application the applicant has
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proposed a Use Restriction to allow for elderly care only. In addition to the proposed use
restriction the applicant will accept any reasonable limitations or use restrictions that the city
deems necessary to apply under the Conditional Use Agreement.
C. Major modification of approved or existing conditional use.
D. Minor modification of approved or existing conditional use.
FINDING
The subject site has not yet been approved for a conditional use; therefore these sections are not
applicable to this application.
18.330.030 Approval Standards and Conditions of Approval
A. Approval standards. The Hearings Officer shall approve, approve with conditions, or deny an
application for a conditional use or to enlarge or alter a conditional use based on findings of fact with
respect to each of the following criteria:
1. The site size and dimensions provide adequate area for the needs of the proposed use;
2. The impacts of the proposed use of the site can be accommodated considering size, shape,
location, topography, and natural features;
FINDING
The current living arrangements that include 7 bedrooms (8 beds), living room, kitchen,
bathrooms and other facilities within the existing home. Per the State of Oregon the individual
space requirements are as follows; 80 square feet of bedroom space per resident exclusive of
closets and bathrooms and no more than two residents per unit. One toilet and sink per six
residents and one shower or bathing unit per 10 residents. There are other requirements such as
accessibility, but these types of requirements will be reviewed by the State and have nothing to
do with the Conditional use. Based on the individual space requirements just described above
the applicants home has more than enough room and other facilities to provide for care of up to 8
residents. Furthermore the private back yard outdoor area provides for adequate opportunities
for the residents to be outdoors in a private quiet screened setting away from the other neighbors
if the residents choose to do so. In conclusion the site size and dimensions of the existing house
and lot provide for adequate area for the proposed use. The impacts to the surrounding
neighborhood will continue to be very limited if any with consideration of the proposed use for
elderly and physically disabled care to be provided on the premises.
3. All required public facilities have adequate capacity to serve the proposal;
4. The applicable requirements of the zoning district are met except as modified by this chapter;
5. The applicable requirements of 18.330.050; and
6 The supplementary requirements set forth in other chapters of this code including but not limited
to Chapter 18.780, Signs, and Chapter 18.360, Site Development Review, if applicable, are met.
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FINDING
All required facilities such as sanitary, water etc. have adequate capacity to serve the proposed
use. The applicable requirements of the R -25 zoning district are shown to be met except as
requested to be modified by this Chapter. The applicable requirements of Section 18.330.050
and supplementary requirements set forth in other applicable chapters of the Tigard Community
Development Code will be shown to be met in a following section of this narrative. These
Chapters are addressed below in this narrative.
B. Conditions of approval. The Hearings Officer may impose conditions on the approval of a
conditional use, which are found necessary to ensure the use is compatible with other use in the
vicinity, and that the impact of the proposed use on the surrounding uses and public facilities is
minimized. These conditions may include, but are not limited to the following:
1. Limiting the hours, days, place and/or manner of operation;
2. Requiring design features which minimize environmental impacts such as noise, vibration, air
pollution, glare, odor and/or dust;
3. Requiring additional setback areas, lot area, and/or lot depth or width;
4. Limiting the building height, size or lot coverage, and/or location on the site;
5. Designating the size, number, location and/or design of vehicle access points;
6 Requiring street right -of -way to be dedicated and street(s) to be improved;
7. Requiring landscaping, screening, drainage and/or surfacing of parking and loading areas;
8. Limiting the number, size, location, height and /or lighting of signs;
9. Limiting or setting standards for the location and/or intensity of outdoor lighting,
10. Requiring berms, screening or landscaping and the establishment of standards for their
installation and maintenance;
11. Requiring and designating the size, height, location and/or materials for fences;
12. Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat
areas and/or drainage areas;
13. Requiring the dedication of suff cient open land area for a greenway adjoining and within the
floodplain when land form alterations and development are allowed within the 100 year
floodplain; and
14. Requiring the construction of a pedestrian/bicycle pathway within the floodplain in accordance
with the adopted pedestrian/bicycle pathway plan.
C. Exemptions. Manufactured home parks and manufactured home subdivisions are exempt from the
provisions of Subsection B above. Manufactured home subdivisions are subject to approval under the
provisions of Chapter 18.430, Subdivisions. Manufactured home parks are subject to approval under
the provisions of Chapter 18.340, Site Development Review.
FINDING
No additions or modifications are proposed to the existing building therefore many of the use
limitations listed above do not apply to this application. The applicant has requested approval
for a Conditional Use, specifically to allow for the opportunity to care more than six elderly or
individuals at any given time. As part of this Conditional Use application the applicant will
accept any reasonable limitations or use restrictions that the City and or others deem necessary to
apply under the Conditional Use Agreement.
18.330.040 Additional Submission Requirements
A. Additional submission requirements. In addition to the submission requirements required in Chapter
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18.390, Decision- Making Procedures, an application for conditional use approval must include the
following additional information in graphic, tabular and /or narrative form. The Director shall provide
a list of the specific information to be included in each of the following:
1. Existing site conditions;
2. A site plan;
3. A grading plan;
4. A landscape plan;
5. Architectural elevations of all structures; and
6 A copy of all existing and proposed restrictions or covenants.
FINDING
The applicant has included an existing conditions plan and proposed site plan with this
application narrative as exhibits. No major site grading, landscaping (other than widening the
driveway and planting street trees) are proposed therefore Plans 3 -5 above have not been
included with this application. As part of this Conditional Use application the applicant has
proposed a Use Restriction to allow for elderly care only. In addition to the proposed use
restriction the applicant will accept any reasonable limitations or use restrictions that the city
deems necessary to apply under the Conditional Use Agreement.
18.330.050 Additional Development Standards for Conditional Use Types
A. Concurrent variance application(s). A conditional use permit shall not grant variances to the
regulations otherwise prescribed by this title. A variance application(s) may be filed in conjunction
with the conditional use application and both applications may be heard at the same hearing.
FINDING
As described in this narrative a concurrent Special Adjustment has been requested to allow 3
parking places in lieu of 4.
B. Additional development standards. The additional dimensional requirements and approval standards
for conditional use are as follows:
15. Group Living:
a. Minimum lot size shall be 5, 000 square feet;
b. Minimum setbacks shall be those in the applicable zone
c. Height limitation shall be that in the applicable zone;
d. Compliance with all state requirements shall be required; and
e. Off - street parking shall be in accordance with Chapter 18.765.
FINDING
The subject site will be 6,941 square feet after right of way dedication, greater than 5,000 square
feet in size and the existing home meets minimum setback and height requirements in the R -25
zoning district as demonstrated on the existing conditions plan submitted with this application.
As described above the applicant is required to work concurrently with the State who is
responsible for licensing care facilities. The applicant will comply with all State requirements in
order to get the new licensing. The off -street parking requirements require 1 space per 2.5 beds.
21
The house will contain eight beds and therefore (3.2 rounds up to 4) off - street parking spaces are
required. The Community Development Code requires fractional amounts to be rounded up
when calculating parking.
The applicant has requested a concurrent Special Adjustment to the off - street parking
requirements to allow one less space then the development code requires. Currently onsite
parking is provided in the driveway which allows for two vehicles to park. Typically there is one
licensed caregiver working the home 24 hours a day, in addition to the applicant who may be
there as well. All employees park in the driveway or take the bus to work. Guests that come to
visit do so after 9:00 am and typically spend %2 to 1 hour visiting. Parking at the site has never
been a problem. The applicant has taken pictures throughout the week at various times to
document the fact that there are on or off street parking conditions that need to be addressed. If
determined necessary during the coarse of review for this application the applicant will print
photographic evidence with the date and time the pictures where taken throughout the week.
In order to accommodate one additional onsite parking space the driveway is proposed to be
widened to 30 feet (maximum width permitted for residential driveways) for the additional
parking space which may be needed as a result of the increase in residents. The applicant has
provided enough off street parking spaces with to allow for two caregivers and a doctor to be
onsite if needed. None of the residents cared for by the applicant have vehicles and
arrangements are made for them to be picked up and dropped off to individual appointments.
Due to the fact that the fractional parking space requirement is so minor in nature (0.2) and the
use of the site is light in terms of impact to the surrounding traffic system, the applicant
respectfully requests a Special Adjustment to allow three onsite parking spaces in lieu of 4. It
should be noted that a few residents had expressed concern that a parking lot or creating more
parking than needed would ruin the residential character of the neighborhood. With respect to
the existing residential character of the neighborhood and the concern of the neighbors the
applicant has proposed the minimum modification necessary to allow for an additional off street
parking place which can blend in with the existing driveway and allow for an additional
employee to park off street if necessary.
17. Non Accessory Parking:
a. Minimum lot size shall be 5, 000 square feet;
b. Minimum setbacks: for structures: shall be those of the applicable zone; for parking area:
five feet around perimeter of paved area for landscaping and screening purposes;
c. Height limitation shall be that of the applicable zone;
d. Off - street parking requirements shall be in accordance with Chapter 18.765; and
e. Screening shall be in accordance with Chapter 18.745.
FINDING
No non - accessory parking is proposed therefore this section is not applicable to this application.
Chapter 18.370
VARIANCES AND ADJUSTMENTS
18.370.010 Variances
18.370.020 Adjustments
A. Purpose. The purpose of this section is to provide standards for the granting of variances from the
22
applicable zoning requirements of this title where it can be shown that, owing to special and unusual
circumstances related to a specific property, the literal interpretation of the provisions of the applicable
zone would cause an undue or unnecessary hardship, except that no use variances shall be granted.
B. Applicability of provisions.
1. The variance standards are intended to apply to individual platted and recorded lots only.
2. An applicant who is proposing to vary a specification standard for lots yet to be created through a
subdivision process may not utilize the variance procedure unless otherwise specified in Section
18.730.030, Zero Lot Line Setback Standards, or Chapter 18.430, Subdivisions.
18.370.020 Adjustments
A. Purpose. The purpose of this section is to establish two classes of special variances:
1. "Development adjustments" which allow modest variation from required development standards
within proscribed limits. Because such adjustments are granted using "clear and objective
standards, " these can be granted by means of a Type 1 procedure, as opposed to the more
stringent standards of approval and procedure for variances.
2. "Special adjustments " which are variances from development standards which have their own
approval criteria as opposed to the standard approval criteria for variances contained in Section
18.370.020. C.
C. Special adjustments.
7. Adjustments to parking standards (Chapter 18.765).
a. Reduction from minimum parking requirements. By means of a Type II procedure, as
governed by Section 18.390.040, the Director may authorize up to a 20% reduction in the
total minimum vehicle parking spaces required in Section 18.765.0 70. H when an applicant
for a development permit can demonstrate in a parking study prepared by a traffic consultant
or in parking data from comparable sites that:
(1) Use of transit, demand management programs, and/or special characteristics of the
customer, client employee or resident population will reduce expected vehicle use and
parking space demand for this development, as compared to standards Institute of
Transportation Engineers (ITE) vehicle trip generation rates and minimum city parking
requirements, and
(2) A reduction in parking will not have an adverse impact on adjacent uses.
FINDING
The minimum requirement for off street parking for "group living" is 1 space per 2.5 beds. With
a total of eight beds in the home the applicant is required to have 3.2 (rounds up to 4) onsite
parking spaces. Do to the special characteristics of the use the applicant requests a special
adjustment to allow 3 onsite parking spaces in lieu of 4.
The applicant has requested concurrent approval for a Conditional Use to increase the amount of
residents that can be cared for to more than six. The use proposed will slightly increase the
amount of off street parking than currently exists on the site. Currently onsite parking is
provided in the driveway which allows for two vehicles to park off the street.
The proposed type of use on the site has special characteristics then those typical of other
business as the customers (residents) don't drive and the amount of caregivers on the site are
never more than 3 at any given time. Typically there are one or two caregivers at the home at
any give time. All employees park in the driveway or take the bus to work. Guests that come to
23
visit do so after 9:00 am and typically spend' /2 to 1 hour visiting and park along SW 134' Ave.
Parking at the site has never been a problem. The applicant has taken pictures throughout the
week at various times to document the fact that there are on or off street parking conditions that
need to be addressed. If determined necessary the applicant will print photographic evidence
with the date and time the pictures where taken throughout the week.
In order to accommodate one additional onsite parking space the driveway is proposed to be
widened to 30 feet for the additional parking space which may be needed as a result of the
increase in residents. The applicant has provided enough off street parking spaces with to allow
for two caregivers and a doctor to be onsite if needed. None of the residents cared for by the
applicant have vehicles and arrangements are made for them to be picked up and dropped off to
individual appointments. Since the fractional space requirements is so minor in nature (0.2) and
the fact that the appropriate amount of off - street parking is shown to be provided for the amount
of employees and or others who may visit the site, the applicant respectfully requests a Special
Adjustment to allow three onsite 3 parking spaces in lieu of 4. A reduction in parking will not
have an adverse impact on adjacent uses.
Chapter 18.390
DECISION - MAKING PROCEDURES
18.390.010 Purpose
A. Purpose. The purpose of this chapter is to establish a series of standard decision - making procedures
that will enable the City, the applicant, and all interested parties to reasonably review applications
and participate in the local decision- making process in a timely and effective way. Each permit or
action setforth in Chapters 18.320 - 18.385 has been assigned a specific procedure type.
18.390.020 Description of Decision - Making Procedures
A. General. All development permit applications shall be decided by using one of the following
procedure types. The procedure type assigned to each action governs the decision - making process
for that permit, except to the extent otherwise required by applicable state or federal law. The
Director shall be responsible for assigning specific procedure types to individual permit or action
requests, as requested. Special alternative decision- making procedures have been developed by the
City in accordance with existing state law, and are codified in Section 18.390.070.
B. Types defined. There are four types of decision - making procedures, as follows:
1. Type I Procedure, Type I procedures apply to ministerial permits and actions containing clear
and objective approval criteria. Type I actions are decided by the Director without public notice
and without a public hearing;
2. Type II Procedure. Type II procedures apply to quasi-judicial permits and actions that contain
some discretionary criteria. Type II actions are decided by the Director with public notice and
an opportunity for a hearing. If any party withstanding appeals a Director's Type II decision,
the appeal of such decision will be heard by the Hearings Officer;
3. Type Ill Procedure. Type III procedures apply to quasi-judicial permits and actions that
predominantly contain discretionary approval criteria. Type III actions are decided by either the
Hearings Office (Type III -HO) or the Planning Commission (Type III -PC), with appeals to or
review by the City Council;
24
C. Summary ofpermits by decision - making procedure type. Table 18.390.1 summarizes the various land
use permits by the type of decision - making procedure.
TABLE 18.390.1
ILIA (18.390.050) Conditional Use
Hearings Officer - Initial 18.330.030
- Major Modification 18.330.030
FINDING
The applicant has requested approval for a Conditional Use and concurrent Special Adjustment
to the onsite parking requirements. The type of reviews are Type II and III procedures per table
18.390.1. This application will be reviewed as a Type III procedure.
18.390.050 Type III Procedure
A. Preapplication conference. A preapplication conference is required for all Type III actions. The
requirements and procedures for a preapplication conference are described in Section 18.390.0800.
FINDING
A pre - application conference was held with City of Tigard staff to discuss the Applicant's
proposal and to review applicable policies, ordinance provisions, regulations, and technical data
that would have to be addressed for this particular land use review in the City of Tigard. The
notes from this conference are included with the application submittal package. Therefore, this
criterion has been met.
A Application requirements.
1. Application forms. Type III applications shall be made on forms provided by the Director as
provided by Section 18.390.080 El;
2. Content. Type III applications shall:
a. Include the information requested on the application form;
b. Address the relevant criteria in sufficient detail for review and action;
c. Be accompanied by the required fee;
d. Include two sets of pre - stamped, pre- addressed envelopes for all persons who are
property owners of record as specified in Section 18.390.0500. The records of the
Washington County Department of Assessment and Taxation shall be the official records
for determining ownership. The applicant shall demonstrate that the most current
assessment records have been used to produce the notice list;
e. Include an impact study. The impact study shall quantify the effect of the development
on public facilities and services. The study shall address, at a minimum, the
transportation system, including bikeways, the drainage system, the parks system, the
water system, the sewer system, and the noise impacts of the development. For each
public facility system and type of impact, the study shall propose improvements necessary
to meet City standards and to minimize the impact of the development on the public at
large, public facilities systems, and affected private property users. In situations where
the Community Development Code requires the dedication of real property interests, the
applicant shall either specifically concur with the dedication requirements, or provide
evidence which supports the conclusion that the real property dedication requirement is
not roughly proportional to the projected impacts of the development.
25
FINDING
This application addresses all the information requested on the application form, identified
within the pre - application notes and all relevant criteria of the Community Development Code.
An impact study, addressing the effect of this development on public facilities and services, has
been included within the application narrative. The required fees have been paid. Two sets of
pre - stamped and pre- addressed envelopes for noticing will be forwarded to the city at the time
the applicant is notified by the City of Tigard that the application has been deemed complete.
All requirements of this section can and will be met.
C. Notice of hearing.
1. Mailed notice. Notice of a Type II Administrative Appeal hearing or Type III hearing shall be
given by the Director in the following manner:
a. At least 20 days prior to the hearing date, notice shall be sent by mail to:
(1) The applicant and all owners or contract purchasers of record of the site which is the
subject of the application;
(2) All property owners of record within 500 feet of the site;
(3) Any affected governmental agency which has entered into an intergovernmental
agreement with the City which includes provision for such notice, or who is otherwise
entitled to such notice;
(4) Any neighborhood or community organization recognized by the City Council and whose
boundaries include the site;
(5) Any person who has submitted a written request, and who has paid a fee established by
the City Council; and
(6) In actions involving appeals, the appellant and all parties to the appeal.
b. The Director shall cause an affidavit of mailing of notice to be prepared and made a part of
the file, which demonstrates the date that the required notice was mailed to the necessary
parties;
c. At least ten business days prior to the hearing, notice of the hearing shall be given in a
newspaper of general circulation in the City. An affidavit of publication concerning such
notice shall be made part of the administrative record;
d. At least ten business days prior to the hearing, notice of the hearing shall be posted on the site
by the applicant, pursuant to Subsection 2 below. An affidavit of posting concerning such
notice shall be prepared by the applicant and shall be submitted and made part of the
administrative record.
2. Content of Notice. Notice of a Type II Administrative Appeal hearing or Type III hearing to be
mailed, posted and published as provided in Subsection 1 above shall contain the following
information:
a. Explain the nature of the application and the proposed use or uses which could be authorized;
b. List the applicable criteria from the zoning ordinance that apply to the application at issue;
c. Set forth the street address or other easily understood geographical reference to the subject
property;
d. State the date, time, and location of the hearing;
e. State the failure to raise an issue at the hearing, in person, or by letter, or failure to provide
statements or evidence sufficient to afford the decision -maker an opportunity to respond to
the issue precludes appeal to the Land Use Board of Appeal based on that issue;
f Include the name of a City representative to contact and the telephone number where
additional information may be obtained;
26
g. State that a copy of the application and all documents and evidence submitted by or on behalf
of the applicant and the applicable criteria are available for inspection at no cost and that
copies shall be provided at a reasonable cost
h. State that a copy of the staff report shall be available for inspection at no cost at least seven
days prior to the hearing, and that a copy shall be provided at a reasonable cost;
i. Include a general explanation of the requirements for submission of testimony and the
procedure for conducting hearings.
j. Contain the following notice: "Notice to mortgagee, lienholder, vendor, or seller: The
Tigard Development Code requires that if you receive this notice it shall be promptly
forwarded to the purchaser. "
D. Conduct of the hearing.
1. At the commencement of the hearing, a statement shall be made to those in attendance that:
a. Lists the applicable substantive criteria;
b. States that testimony and evidence shall be directed toward the relevant approval criteria
described in the staff report or other criteria in the plan or land use regulation which the
person testifying believes to apply to the decision;
c. States that failure to raise an issue with sufficient specificity to afford the decision -maker and
the parties an opportunity to respond to the issue, precludes an appeal to the Land Use Board
of Appeals on that issue.
2. Prior to the conclusion of the initial evidentiary hearing, any participant may request an
opportunity to present additional relevant evidence or testimony regarding the application so long
as that evidence and testimony is within the scope of the hearing. The local hearing authority
shall grant such request by continuing the public hearing pursuant to paragraph 4. a. of this
subsection or by leaving the record open for additional written evidence or testimony pursuant to
paragraph 4.b. of this subsection;
3. If the hearing authority grants a continuance, the hearing shall be continued to a date, time, and
place certain at least seven days from the date of the initial evidentiary hearing. An opportunity
shall be provided at the continued hearing for persons to present and rebut new evidence and
testimony. If new written evidence is submitted at the continued hearing, any person may
request, prior to the conclusion of the continued hearing, that the record be left open for at least
seven days, to submit additional written evidence or testimony for the purpose of responding to
the new written evidence;
4. If the hearing authority leaves the record open for additional written evidence or testimony, the
record shall be left open for at least seven days. Any participant may file a written request with
the City for an opportunity to respond to new evidence submitted during the period the record
was left open. If such a request is filed, the hearing authority shall reopen the record pursuant to
paragraph 5 of this section;
a. A continuance or extension granted pursuant to this section shall be subject to the limitations
of ORS 227.178, unless the continuance or extension is requested or agreed to by the
applicant;
b. Unless waived by the applicant, the local government shall allow the applicant at least seven
days after the record is closed to all other parties to submit final written arguments in support
of the application period. The applicant's final submittal shall be considered part of the
record, but shall not include any new evidence.
5. When a local governing body, planning commission, hearing body, or hearings officer re -opens a
record to admit new evidence or testimony, any person may raise new issues which relate to the
new evidence, testimony, or criteria for decision- making which apply to the matter at issue;
6 The record.
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a. The record shall contain all testimony and evidence that is submitted and not rejected;
b. The Review Authority may take official notice of judicially cognizable facts pursuant to the
applicable law. If the review authority takes official notice, it must announce its intention
and allow the parties to the hearing to present evidence concerning the fact;
c. The Review Authority shall retain custody of the record as appropriate, until a final decision
is rendered.
7. Parties to a Type II Administrative Appeal hearing or Type III hearing are entitled to an impartial
review authority as free from potential conflicts of interest and pre- hearing ex parte contacts as
reasonably possible. It is recognized, however, that the public has a countervailing right of free
access to public officials. Therefore:
a. Review authority members shall disclose the substance of any pre - hearing ex parte contacts
with regard to the matter at the commencement of the public hearing on the matter. The
member shall state whether the contact has impaired the impartiality or ability of the member
to vote on the matter and shall participate or abstain accordingly;
b. Any member of the Review Authority shall not participate in any proceeding or action in
which any of the following has a direct or substantial financial interest: The member or
member's spouse, brother, sister, child, parent, father -in -law, mother -in -law, partner, any
business in which the member is then serving or has served within the previous two years, or
any business with which the member is negotiating for or has an arrangement or
understanding concerning prospective partnership or employment. Any actual or potential
interest shall be disclosed at the meeting of the Review Authority where the action is being
taken;
c. Disqualification of a review authority member due to contacts or conflict may be ordered by a
majority of the members present and voting. The person who is the subject of the motion
may not vote;
d. If all members abstain or are disqualified, the administrative rule of necessity shall apply. All
members present who declare their reasons for abstention or disqualification shall thereby be
re- qualified to act;
e. In cases involving the disqualification or recusal of a hearings officer, the City shall provide a
substitute hearings officer in a timely manner subject to the above impartiality rules.
8. Ex parte communications.
a. Members of the Review Authority shall not:
(1) Communicate, directly or indirectly, with any party or representative of a party in
connection with any issue involved in a hearing, except upon giving notice, and an
opportunity for all parties to participate;
(2) Take notice of any communication, report, or other materials outside the record prepared
by the proponents or opponents in connection with the particular case unless the parties
are afforded an opportunity to contest the materials so noticed;
b. No decision or action of the Review Authority shall be invalid due to ex parte contacts or bias
resulting from ex parte contacts with a member of the decision - making body if the member of
the decision- making body receiving contact:
(1) Places on the record the substance of any written or oral ex parte communications
concerning the decision or action; and
(2) Makes a public announcement of the content of the communication and of the parties'
right to rebut the substance of the communication made at the first hearing following the
communication where action shall be considered or taken on the subject to which the
communication is related.
c. Members of Review Authority shall be governed by the provisions of ORS 244.135 and the
28
provisions of this section;
d. A communication between City staff and the Review Authority shall not be considered an ex
party contact.
9. Presenting and receiving evidence.
a. The Review Authority may set reasonable time limits for oral presentations and may limit or
exclude cumulative, repetitious, irrelevant or personally derogatory testimony;
b. No oral testimony shall be accepted after the close of the public hearing. Written testimony
may be received after the close of the public hearing, but only pursuant to the schedule and
procedure announced by the Review Authority prior to the close of the public hearing, or as otherwise
provided by this section;
c. The Review Authority may visit the site and the surrounding area, and may use information
obtained during the site visit to support their decision, provided the information relied upon is
disclosed at the hearing and that an opportunity is provided to rebut such evidence. In the
alternative, a site visit may be conducted by the Review Authority for the purpose of
familiarizing the Review Authority with the site and the surrounding area, but not for the
purpose of independently gathering evidence. In such a case, at the commencement of the
hearing, members of the Review Authority shall disclose the circumstances of their site visit
and shall provide the parties with an opportunity to question each member of the Review
Authority concerning their site visit.
E. The decision process.
1. Basis for decision. Approval or denial of a Type HAdministrative Appeal or Type III action
shall be based on standards and criteria, which shall be set forth in the development ordinance,
and which shall relate approval on denial of a discretionary permit application to the development
ordinance and, when appropriate, to the comprehensive plan for the area in which the
development would occur and to the development ordinance and comprehensive plan for the City
as a whole;
2. Findings and conclusions. Approval or denial of a Type HAdministrative Appeal or Type III
action shall be based upon and accompanied by a brief statement that explains the criteria and
standards considered relevant to the decision, states the facts relied upon in rendering the decision
and explains the justification for the decision based on the criteria, standards, and facts set forth;
3. Form of decision. The Review Authority shall issue a final order containing the above - referred
findings and conclusions, which either approves, denies, or approves the permit or action with
conditions. The Review Authority may also issue any intermediate rulings as they see fit;
4. Decision - making time limits. A final order for any Type HAdministrative Appeal or Type III
action shall be filed with the Director within ten business days after the close of the deliberation.
F. Notice of decision. Notice of a Type HAdministrative Appeal decision or a Type III decision shall
be mailed to the applicant and to all parties of record within five business days after the decision is
filed by the Review Authority with the Director. Failure to receive mailed notice shall not invalidate
the action, provided that a good faith attempt was made to mail such notice.
G. Final decision
1. Final decision, effective date and appeal. The decision of the Planning Commission or Hearings
Officer in a Type III action is final for purposes of appeal on the date notice of the decision is
mailed. Any party with standing may appeal a Type III decision to the City Council by filing a
Notice of Appeal with the Director within 10 business days of the date notice of the decision is
mailed. The Notice of Appeal shall be in the form specified in Section 18.390.040 G.2(a)(2).
The procedures of Sections 18.390.050 C -F shall be forwarded in the appeal.
2. Final Decision on Appeal. The decision of the City Council on any Type III appeal is the final
decision of the City and is final and effective on the date notice of the decision is mailed.
FINDING
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The applicant has read and understands her rights in addition to the process for a Type III
procedure.
Chapter 18.705
ACCESS, EGRESS, AND CIRCULATION
18.705.010 Purpose
A. Purpose. The purpose of this chapter is to establish standards and regulations for safe and efficient
vehicle access and egress on a site and for general circulation within the site.
18.705.020 Applicability of Provisions
A. When provisions apply. The provisions of this chapter shall apply to all development including the
construction of new structures, the remodeling of existing structures (see Section 18.360.050), and to
a change of use which increases the on -site parking or loading requirements or which changes the
access requirements.
B. Change or enlar el; meet of use. Should the owner or occupant of a lot or building change or enlarge
the use to which the lot or building is put, thereby increasing access and egress requirements, it is
unlawful and is a violation of this title to begin or maintain such altered use until the provisions of
this chapter have been met if required or until the appropriate approval authority has approved the
change.
FINDING
The applicant has proposed a change in use that results in an increase in the on -site parking
requirements. Widening the driveway will slightly change the existing access into the site. The
driveway is proposed to be widened to 30 feet which is the maximum width allowed for a
residential driveway. The proposed driveway modification will allow for one additional parking
space than could otherwise be provided.
18.705.030 General Provisions
A. Continuiniz obligation of propeM owner. The provisions and maintenance of access and egress
stipulated in this title are continuing requirements for the use of any structure or parcel of real
property in the City.
B. Access plan requirements. No building or other permit shall be issued until scaled plans are
presented and approved as provided by this chapter that show how access, egress and circulation
requirements are to be fulfilled. The applicant shall submit a site plan. The Director shall provide
the applicant with detailed information about this submission requirement.
C. Joint access. Owners of two or more uses, structures, or parcels of land may agree to utilize jointly
the same access and egress when the combined access and egress of both uses, structures, or parcels
of land satisfies the combined requirements as designated in this title, provided:
1. Satisfactory legal evidence shall be presented in the form of deeds, easements, leases or
contracts to establish the joint use; and
2. Copies of the deeds, easements, leases or contracts are placed on permanent file with the City.
30
FINDING
The applicant has submitted site plans showing how access, egress and circulation requirements
will be fulfilled. Joint access is not proposed with this application.
D. Public street access. All vehicular access and egress as required in Sections 18.705.030H and
18.705.0301 shall connect directly with a public or private street approved by the City for public use and
shall be maintained at the required standards on a continuous basis.
E. Curb cuts. Curb cuts shall be in accordance with Section 18.810.030N.
F. Required walkway location. On -site pedestrian walkways shall comply with the following standards:
1. Walkways shall extend from the ground floor entrances or from the ground floor landing of
stairs, ramps, or elevators of all commercial, institutional, and industrial uses, to the streets
which provide the required access and egress. Walkways shall provide convenient connections
between buildings in multi - building commercial, institutional, and industrial complexes. Unless
impractical, walkways shall be constructed between new and existing developments and
neighboring developments;
2. Within all attached housing (except two-family dwellings) and multi family developments, each
residential dwelling shall be connected by walkway to the vehicular parking area, and common
open space and recreation facilities;
3. Wherever required walkways cross vehicle access driveways or parking lots, such crossings
shall be designed and located for pedestrian safety. Required walkways shall be physically
separated from motor vehicle traffic and parking by either a minimum 6 -inch vertical separation
(curbed) or a minimum 3-foot horizontal separation, except that pedestrian crossings of traffic
aisles are permitted for distances no greater than 36 feet if appropriate landscaping, pavement
markings, or contrasting pavement materials are used. Walkways shall be a minimum of four
feet in width, exclusive of vehicle overhangs and obstructions such as mailboxes, benches,
bicycle racks, and signposts, and shall be in compliance with ADA standards;
4. Required walkways shall be paved with hard surfaced materials such as concrete, asphalt,
stone, brick, etc. Walkways may be required to be lighted and/or signed as needed for safety
purposes. Soft - surfaced public use pathways may be provided only if such pathways are
provided in addition to required pathways.
FINDING
Existing access into the site is directly onto SW 134` Ave. This access provides for direct
connection onto a public street. A walkway currently extends into the site which connects the
building entrance to the public street system. The walkway is paved with hard surfaced materials
and lit by existing fixtures on the building. This criterion is met.
G. Inadequate or hazardous access.
1. Applications for building permits shall be referred to the Commission for review when, in the
opinion of the Director, the access proposed.•
a. Would cause or increase existing hazardous traffic conditions; or
b. Would provide inadequate access for emergency vehicles; or
c. Would in any other way cause hazardous conditions to exist which would constitute a clear
and present danger to the public health, safety, and general welfare.
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2. Direct individual access to arterial or collector streets from single-family dwellings and duplex
lots shall be discouraged. Direct access to collector or arterial streets shall be considered only
if there is no practical alternative way to access the site. If direct access is permitted by the City,
the applicant will be required to mitigate for any safety or neighborhood traffic management
(NTAI) impacts deemed applicable by the City Engineer. This may include, but will not be
limited to, the construction of a vehicle turnaround on the site to eliminate the need for a vehicle
to back out onto the roadway.
3. In no case shall the design of the service drive or drives require or facilitate the backward
movement or other maneuvering of a vehicle within a street, other than an alley. Single-family
and duplex dwellings are exempt from this requirement.
H. Access Management
1. An access report shall be submitted with all new development proposals which verifies design of
driveways and streets are safe by meeting adequate stacking needs, sight distance and
deceleration standards as set by ODOT, Washington County, the City and AASHTO (depending
on jurisdiction offacility.)
FINDING
The site is not located along a collector or arterial street. The proposed access will not contribute
to hazardous traffic conditions. The applicant has shown visual clearance areas on the site plan
indicating the existing site access is safe. Utilizing an existing access into the site should not
cause any hazardous traffic conditions and will not cause a clear or present danger to the public
health, safety and general welfare of the general public with consideration of the local street
classification.
2. Driveways shall not be permitted to be placed in the influence area of collector or arterial street
intersections ......... .
3. The minimum spacing of driveways and streets along a collector shall be 200 feet. The
minimum spacing of driveways and streets along an arterial shall be 600 feet.
4. The minimum spacing of local streets along a local street shall be 125 feet.
FINDING
The site is not located along a collector or arterial street. No new local streets will be created to
access local streets as a result of this application and, as a consequence, the requirements of this
section of the Code do not apply to this land use review.
I. Minimum access requirements for residential use.
1. Vehicular access and egress for single-family, duplex or attached single-family dwelling
units on individual lots and multi family residential uses shall not be less than as
provided in Table 18.705.1 and Table 18.705.2;
32
Minimum Access Width Minimum Pavement Width 1 or 2 units = 15'10'
FINDING
The applicant has proposed an access width in a residential zoning district greater than 15 feet.
This standard is met.
J Minimum access requirements for commercial and industrial use.
FINDING
This section is not applicable to this application.
K. One -way vehicular access points. Where a proposed parking facility indicates only one -way traffic
flow on the site, it shall be accommodated by a specific driveway serving the facility; the entrance
drive shall be situated closest to oncoming traffic and the exit drive shall be situated farthest from
oncoming traffic.
FINDING
The applicant has not proposed one way vehicular access. This section is not applicable.
Chapter 18.715
DENSITY COMPUTATIONS
18.715.010 Purpose
A. Pur ose. The purpose of this chapter is to implement the comprehensive plan by establishing the
criteria for determining the number of dwelling units permitted.
FINDING
The applicant has not proposed a land division. This Chapter is not applicable to this application.
Chapter 18.745
LANDSCAPING AND SCREENING
A. Purpose. The purpose of this chapter is to establish standards for landscaping, buffering, and
screening of land use within Tigard in order to enhance the aesthetic environmental quality of the
City:
1. By protecting existing street trees and requiring the planting of street trees in new developments;
2. By using plant materials as a unifying element;
3. By usingplanting materials to define spaces and articulate the uses of specific areas; and
4. By using trees and other landscaping materials to mitigate the effects of the sun, wind, noise and
lack of privacy by the provision of buffering and screening.
18.745.020 Applicability
33
A. Applicability. The provisions of this chapter shall apply to all development including the construction
of new structures, remodeling of existing structures where the landscaping is nonconforming (Section
18.760.040C), and to a change of use which results in the need for increased on -site parking or
loading requirements or which changes the access requirements.
B. When site development review does not apply. Where the provisions of Chapter 18.360, Site
Development Review, do not apply, the Director shall approve, approve with conditions, or deny a
plan submitted under the provisions of this chapter by means of a Type I procedure, as governed by
Section 18.390.030, using the applicable standards in this chapter.
C. Site plan requirements. The applicant shall submit a site plan. The Director shall provide the
applicant with detailed information about this submission requirement.
FINDING
The Applicant has proposed a Conditional Use /Change in Use will result in the need for
increased on site parking therefore certain provisions of this section of the Community
Development Code apply to this application. Preliminary Plans have been submitted with this
application depicting the location of all proposed future street trees proposed to be planted. No
additional screening or buffering is proposed as the perimeter of the site is already landscaped
with combination of good neighbor fencing and mature plantings that provide for an appropriate
buffer. Therefore, the criterion is met.
18.745.030 General Provisions
A. Obligation to maintain. Unless otherwise provided by the lease agreement, the owner, tenant and his
agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping and
screening which shall be maintained in good condition so as to present a healthy, neat and orderly
appearance, shall be replaced or repaired as necessary, and shall be kept free from refuse and
debris.
B. Pruning required. All plant growth in landscaped areas of developments shall be controlled by
pruning, trimming or otherwise so that:
1. It will not interfere with the maintenance or repair of any public utility;
2. It will not restrict pedestrian or vehicular access; and
3. It will not constitute a traffic hazard because of reduced visibility.
C. Installation requirements. The installation of all landscaping shall be as follows:
1. All landscaping shall be installed according to accepted planting procedures;
2. The plant materials shall be of high grade, and shall meet the size and grading standards of the
American Standards for Nurberg Stock (ANSI Z60, 1 -1986, and any future revisions); and
3. Landscaping shall be installed in accordance with the provisions of this title.
D. Certificate of Occupanc. Certificates of occupancy shall not be issued unless the landscaping
requirements have been met or other arrangements have been made and approved by the City such as
the posting of a bond.
FINDING
The current owner of the property will be responsible for the care and maintenance of all trees on
34
the property and those to be planted in the public right -of -way. Any additional landscaping if
needed will be installed in accordance with accepted planting procedures. Therefore, the
criterion is met.
E. Protection of existing vegetation. Existing vegetation on a site shall be protected as much as possible:
1. The developer shall provide methods for the protection of existing vegetation to remain during
the construction process; and
2. The plants to be saved shall be noted on the landscape plans (e.g., areas not to be disturbed can
be fenced, as in snow fencing which can be placed around individual trees).
FINDING
The applicant has made every reasonable effort to protect as much existing vegetation on the site
as possible. The vegetation to be saved will be protected using methods described above.
Therefore, the criterion is met.
F. Care of landscaping along public rights- of -way. Appropriate methods for the care and maintenance
of street trees and landscaping materials shall be provided by the owner of the property abutting the
rights -of -way unless otherwise required for emergency conditions and the safety of the general
public.
I aa$CUPII►te'
The owner will be responsible for the maintenance of street trees and landscaping in the public
right -of -way abutting their lot. Therefore, the criterion is met.
G. Conditions of approval of existing vegetation. The review procedures and standards for required
landscaping and screening shall be specified in the conditions of approval during development
review and in no instance shall be less than that required for conventional development.
FINDING
The Applicant understands this requirement and is willing to meet all reasonable conditions of
approval applied to the project that relate to landscaping and screening. Therefore, the criterion is
met.
H. Height restrictions abutting public rights -of-way. No trees, shrubs or plantings more than 18 inches
in height shall be planted in the public right -of -way abutting roadways having no established curb
and gutter.
I va l
No trees or shrubs greater than 18 inches will be planted in the public right of way. Therefore,
the criterion is met.
18.745.040 Street Trees
35
A. Protection of existing ve etg ation. All development projects fronting on a public street, private street
or a private driveway more than 100 feet in length approved after the adoption of this title shall be
required to plant street trees in accordance with the standards in Section 18.745.040 C.
B. Street tree planting Certain trees can severely damage utilities, streets and sidewalks or can
cause personal injury. Approval of any planting list shall be subject to review by the Director.
C. Size and spacing of street trees.
1. Landscaping in the front and exterior side yards shall include trees with a minimum caliper of
two inches at four feet in height as specified in the requirements stated in Section 18.745.040. C.2
below;;
2. The specific spacing of street trees by size of tree shall be as follows:
a. Small or narrow - stature trees under 25 feet tall and less than 16 feet wide branching at
maturity shall be spaced no greater than 20 feet apart;
b. Medium -sized trees 25 feet to 40 feet tall, 16 feet to 35 feet wide branching at maturity shall
be spaced no greater than 30 feet apart;
c. Large trees over 40 feet tall and more than 35 feet wide branching at maturity shall be
spaced no greater than 40 feet apart;
d. Except for signalized intersections as provided in Section 18.745.040 H, trees shall not be
planted closer than 20 feet from a street intersection, nor closer than two feet from private
driveways (measured at the back edge of the sidewalk), fare hydrants or utility poles to
maintain visual clearance;
e. No new utility pole location shall be established closer than five feet to any existing street
tree;
f. Tree pits shall be located so as not to include utilities (e.g., water and gas meters) in the tree
well;
g. On premises utilities (e.g., water and gas meters) shall not be installed within existing tree
well areas;
h. Street trees shall not be planted closer than 20 feet to light standards;
i. New light standards shall not be positioned closer than 20 feet to existing street trees except
when public safety dictates, then they may be positioned no closer than 10 feet;
j. Where there are overhead power lines, the street tree species selected shall be of a type
which, atfull maturity, will not interfere with the lines;
k. Trees shall not be planted within two feet from the face of the curb; and
1. Trees shall not be planted within two feet of any permanent hard surface paving or walkway:
(1) Space between the tree and the hard surface may be covered by a nonpermanent hard
surface such as grates, bricks on sand, paver blocks and cobblestones; and
(2) Sidewalk cuts in concrete for tree planting shall be at least four by four feet to allow for
air and water into the root area
D. Pruning requirements. Trees, as they grow, shall be pruned to provide at least eight feet of clearance
above sidewalks and 13 feet above local street, 15 feet above collector street, and 18 feet above
arterial street roadway surfaces.
E. Cut and fill around existing trees Existing trees maybe used as street trees if no cutting or filling
takes place within the drip -line of the tree unless an adjustment is approved by the Director by means
M
of a Type 1 procedure, as governed by Section 18.390.030, using approval criteria in Section
18.370.020 C4a.
F. Replacement of street trees. Existing street trees removed by development projects or other
construction shall be replaced by the developer with those types of trees approved by the Director.
The replacement trees shall be of a size and species similar to the trees that are being removed unless
lesser sized alternatives are approved by the Director.
G. Granting of adjustments. Adjustments to the street tree requirements may be granted by the Director
by means of a Type I procedure, as regulated in Section 18.390.030, using approval criteria in
Section 18.370.020 C4b.
H. Location of trees near signalized intersections. The Director may allow trees closer to specified
intersections which are signalized, provided the provisions of Chapter 18.795, Visual Clearance, are
satisfied.
FINDING
A preliminary plan showing future tree locations has been included with this application. The
plan indicates the type, size and general location of all trees to be planted. Trees have been
spaced according to the guidelines. The exact location for future street trees will be determined
and shown on the final development plan that will be submitted with the final drawings required
for the Conditional Use Permit. Tree planting will be the responsibility of the owner, with the
completion of the task tied to the issuance of the final permitting. Therefore, the criterion can
and will be met.
18.745.050 Buffering and Screening
A. General provisions.
1. It is the intent that these requirements shall provide for privacy and protection and reduce or
eliminate the adverse impacts of visual or noise pollution at a development site, without unduly
interfering with the view from neighboring properties or jeopardizing the safety of pedestrians
and vehicles;
2. Buffering and screening is required to reduce the impacts on adjacent uses which are of a
different type in accordance with the matrices in this chapter (Tables 18.745.1 and 18.745.2). The
owner of each proposed development is responsible for the installation and effective maintenance
of buffering and screening. When different uses would be abutting one another except for
separation by a right -of -way, buffering, but not screening, shall be required as specified in the
matrix;
3. In lieu of these standards, a detailed buffer area landscaping and screening plan may be
submitted for the Director's approval as an alternative to the buffer area landscaping and
screening standards, provided it affords the same degree of buffering and screening as required
by this code.
B. By and screening requirements.
1. A buffer consists of an area within a required setback adjacent to a property line and having a
depth equal to the amount specified in the buffering and screening matrix and containing a length
equal to the length of the property line of the abutting use or uses;
2. A buffer area may only be occupied by utilities, screening, sidewalks and bikeways, and
landscaping. No buildings, accessways or parking areas shall be allowed in a buffer area except
where an accessway has been approved by the City;
37
3. A fence, hedge or wall, or any combination of such elements, which are located in any yard is
subject to the conditions and requirements of Sections 18.745.050.8.8 and 18.745.050.D;
4. The minimum improvements within a buffer area shall consist of combinations for landscaping
and screening as specified in Table 18.745.1. In addition, improvements shall meet the following
specifications:
a. At least one row of trees shall be planted. They shall have a minimum caliper of two inches
at four feet in height above grade for deciduous trees and a minimum height of five feet high
for evergreen trees at the time of planting. Spacing for trees shall be as follows:
(1) Small or narrow - stature trees, under 25 feet tall or less than 16 feet wide at maturity
shall be spaced no further than 15 feet apart;
(2) Medium -sized trees between 25 feet to 40 feet tall and with 16 feet to 35 feet wide
branching at maturity shall be spaced no greater than 30 feet apart;
(3) Large trees, over 40 feet tall and with more than 35 feet wide branching at maturity, shall
be spaced no greater than 30 feet apart.
b. In addition, at least 10 five- gallon shrubs or 20 one- gallon shrubs shall be planted for each
1, 000 square feet of required buffer area;
c. The remaining area shall be planted in lawn or other living ground cover.
5. Where screening is required the following standards shall apply in addition to those required for
buffering:
a. A hedge of narrow or broad leaf evergreen shrubs shall be planted which will forma four -
foot continuous screen of the height specified in Table 18.745.2 within two years of planting;
or
b. An earthen berm planted with evergreen plant materials shall be provided which will form a
continuous screen of the height specified in Table 18.745.2 within two years. The unplanted
portion of the berm shall be planted in lawn or other living ground cover; or
c. A fence or wall of the height specified in Table 18.745.2 shall be constructed to provide a
continuous sight obscuring screen.
6. Buffering and screening provisions shall be superseded by the vision clearance requirements as
set forth in Chapter 18.795;
7. When the use to be screened is downhill from the adjoining zone or use, the prescribed heights of
required fences, walls, or landscape screening shall be measured from the actual grade of the
adjoining property . In this case, fences and walls may exceed the permitted six foot height at the
discretion of the director as a condition of approval. When the grades are so steep so as to make
the installation of walls, fences or landscaping to the required height impractical, a detailed
landscape /screening plan shall be submitted for approval;
FINDING
All properties bordering the site are zoned R -25. A combination of fencing and existing mature
trees /landscaping along all sides of the property already provide for an effective screen between
properties. Preliminary Plans have been submitted with this application depicting the location of
all proposed future street trees proposed to be planted. No additional screening or buffering is
proposed as the perimeter of the site is already landscaped with combination of good neighbor
fencing and mature plantings that provide for an appropriate buffer. Therefore, the criterion is
38
met.
8. Fences and walls
a. Fences and walls shall be constructed of any materials commonly used in the construction of
fences and walls such as wood, stone, rock or brick, or otherwise acceptable by the Director;
b. Such fence or wall construction shall be in compliance with other City regulations;
c. Walls shall be a minimum of six inches thick; and
d. Chain link fences with slats shall qualms for screening. However, chain link fences without
slats shall require the planting of a continuous evergreen hedge to be considered screening.
9. Hedges
a. An evergreen hedge or other dense evergreen landscaping may satisfy a requirement for a
sight- obscuring fence where required subject to the height requirement in Sections
18.745.040 C2 a and b;
b. Such hedge or other dense landscaping shall be properly maintained and shall be replaced
with another hedge, other dense evergreen landscaping, or a fence when it ceases to serve the
purpose of obscuring view; and
c. No hedge shall be grown or maintained at a height greater than that permitted by these
regulations for a fence or wall in a vision clearance area as set forth in Chapter 18.795.
FINDING
The Applicant has not proposed to build news fences, walls or plant new hedges on the site.
Therefore, this criterion is not applicable to this application.
E. Screening: special provisions.
1. Screening and landscaping of parking and loading areas:
a. Screening of parking and loading areas is required. The specifications for this screening are
as follows:
(1) Landscaped parking areas shall include special design features which effectively screen
the parking lot areas from view. These design features may include the use of landscaped
berms, decorative walls and raised planters;
(2) Landscape planters may be used to define or screen the appearance of off-street parking
areas from the public right -of -way;
(3) Materials to be installed should achieve a balance between low lying and vertical
shrubbery and trees;
(4) Trees shall be planted in landscaped islands in all parking areas, and shall be equally
distributed and on the basis of one tree for each seven parking spaces in order to provide
a canopy effect; and
(5) The minimum dimension of the landscape islands shall be three feet and the landscaping
shall be protected from vehicular damage by some form of wheel guard or curb.
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2. Screening of service facilities. Except for one family and two-family dwellings, any refuse
container or disposal area and service facilities such as gas meters and air conditioners which
would otherwise be visible from a public street, customer or resident parking area, any public
facility or any residential area shall be screened from view by placement of a solid wood fence or
masonry wall between five and eight feet in height. All refuse materials shall be contained within
the screened area,
3. Screening of swimming pools. All swimming pools shall be enclosed as required by City of Tigard
Building Code;
4. Screening of refuse containers. Except for one- and two-family dwellings, any refuse container
or refuse collection area which would be visible from a public street, parking lot, residential or
commercial area, or any public facility such as a school or park shall be screened or enclosed
from view by placement of a solid wood fence, masonry wall or evergreen hedge. All refuse shall
be contained within the screened area
FINDING
The existing driveway is proposed to be widened and will be effectively screened from view
with existing perimeter landscaping as shown on the site specific photographs submitted with
this application. The refuse enclosure area will be screened from view by building 6 foot tall
wood fencing around the perimeter of it. The applicant has worked with their respective
franchise hauler "Waste Management ". A copy of the letter from the waste hauler has been
included with the application package.
18.745.060 Re- vegetation
A. When re- vegetation is required. Where natural vegetation has been removed through grading in
areas not affected by the landscaping requirements and that are not to be occupied by structures,
such areas are to be replanted as set forth in this section to prevent erosion after construction
activities are completed.
B. Preparation for re- vegetation Topsoil removed from the surface in preparation for grading and
construction is to be stored on or near the sites and protected from erosion while grading operations
are underway, and
1. Such storage may not be located where it would cause suffocation of root systems of trees
intended to be preserved; and
2. After completion of such grading, the topsoil is to be restored to exposed cut and fall
embankments or building pads to provide a suitable base for seeding and planting.
C. Methods of re-vegetation.
1. Acceptable methods of re- vegetation include hydro- mulching or the planting of rye grass, barley,
or other seed with equivalent germination rates, and:
a. Where lawn or turf grass is to be established, lawn grass seed or other appropriate
landscape cover is to be sown at not less than four pounds to each 1, 000 square feet of land
area;
b. Other re- vegetation methods offering equivalent protection may be approved by the approval
authority;
c. Plant materials are to be watered at intervals sufficient to ensure survival and growth; and
M
d. The use of native plant materials is encouraged to reduce irrigation and maintenance
demands.
FINDING
There will be minimal grading to widen the driveway which will remove some lawn vegetation
from the site. This vegetation will be replanted once construction for the driveway is complete.
To reduce impacts from potential erosion that could occur, the Applicant will follow the site
preparation and re- vegetation procedures outlined in this section 18.745.060 of the Code.
Therefore, the criterion is met.
Chapter 18.755
MIXED SOLID WASTE AND RECYCLABLE STORAGE
18.755.010 Purpose and Applicability
18.755.020 Definitions
18.755.030 Materials Accepted
18.755.040 Methods of Demonstrating Compliance
18.755.050 Location, Design and Access Standards for Storage Areas
A. Purpose. The purpose of this chapter is to ensure that certain new construction incorporates
functional and adequate space for on -site storage and efficient collection of mixed solid waste and
source - separated recyclable materials prior to pick -up and removal by haulers.
B. Applicability. The mixed solid waste and source separated recyclable storage standards shall apply to
new multi -unit residential buildings containing five or more units and non - residential construction that
are subject to full site plan or design review; and are located within urban zones that allow, outright or
by condition, for such uses.
18.755.020 Definitions
1. "Mixed solid waste " means solid waste that contains a mix of recoverable or recyclable materials and
materials that are not capable of being recycled or recovered for further use;
2. "Source- separated recyclable" means, at a minimum, recyclable materials designated `principle
recyclable materials " by the State Environmental Quality Commission under ORS 495.025, with the
exception of yard debris. Currently these materials include newspaper, ferrous and nonferrous scrap
metal, used motor oil, corrugated cardboard, aluminum, container glass, office paper and tin cans;
3. "Storage area " means the space necessary to store mixed solid waste and source - separated
recyclable that accumulate between collection days;
4. "Multi -unit residential building" means a structure that contains five or more dwellings units that
share common walls or floors /ceilings with one or more units;
5. "Non- residential building" means a structure that is used for any non - residential function,
including but not limited to office, retail wholesale /warehouse /industrial and institutional uses.
18.755.030 Materials Accepted
A. Materials accepted. Except as provided for in 18.755.040 G and I, the storage area must be able to
accept at least all 'principle recyclable materials " designated by the Oregon Environmental Quality
Commission and other source- separated recyclable the local government identifies by regulation.
18.755.040 Methods of Demonstrating Compliance
A. Alternative methods of compliance. An applicant shall choose one of the following four methods to
demonstrate compliance:
1. Minimum standards;
2. Waste assessment;
3. Comprehensive recyclingplan; or
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4. Franchised hauler review and sign -off.
B. Provisions. The following provisions apply to all four methods of demonstrating complicance:
Section 18.755.050, Location, Design and Access Standards, except as provided in 18.755.040 G;
1. The floor area of an interior or exterior storage area required by this chapter shall be excluded
from the calculation of lot coverage and from the calculation of building area for purposes of
determining minimum storage requirements.
C. Minimum standards method.
D. Waste assessment method.
E. Comprehensive recycling plan method.
F. Franchised hauler review method.
1. Applicability: The franchised hauler review method is only available in jurisdictions with
franchise collection service areas because there is certainty as to which hauler will actually
provide service to the proposed development, once it is constructed;
2. Description of method: This method provides for coordinated review of the proposed site plan
by the franchised hauler serving the subject property;
3. Typical application of method: This method is to be used when there are unique conditions
associated with the site, use or waste stream that make compliance with any of the other
three methods infeasible. The objective of this method is to match a specific hauler program
(e.g., types of equipment, frequency of collection) to the unique characteristic(s) of the site or
development. The following constitute unique conditions:
a. Use of either of the three other methods of compliance would interfere with the use of the
proposed development by reducing the productive space of the proposed development, or
make it impossible to comply with the minimum off - street parking requirements of the
underlying zone;
b. The site is of an irregular shape or possesses steep slopes that do not allow for access by
collection vehicles typically used by the franchised hauler to serve uses similar in size and
scope to the proposed use;
c. The proposed use will generate unique wastes that can be stacked, folded or easily
consolidated without the need for specialized equipment, such as a compactor, and can
therefore be stored in less space than is required by 18.755.040 C. 5b. of this chapter.
4. Application requirements and review procedure: The applicant shall work with the franchised
hauler to develop a plan for storage and collection of source - separated recyclable and mixed solid waste
expected to be generated from the new building. A narrative describing how the proposed site meets one
or more of the unique site conditions described above plus site and building plans showing the size and
location of storage area(s) required to accommodate anticipated volumes shall be submitted for Site
Development Review, as governed by Chapter 18.360. Additionally, a letter from the franchised hauler
shall be submitted at the same time that describes the level of service to be provided by the hauler,
including any special equipment and collection frequency, which will keep the storage area from
exceeding its capacity.
FINDING
The applicant has obtained franchised hauler review sign off for this project. A copy of the
email from franchise hauler has been included with this application. The applicant has proposed
to continue utilize roll -cart service for their trash facilities. The carts will be rolled towards SW
134' Ave for garbage pick up each week. No additional waste assessment is needed for this
application.
18.755.050 Location, Design and Access Standards for Storage Areas
A. Applicable standards. The following location, design and access standards for storage areas
are applicable to all four methods of compliance, described in 18.755.040 above.
11P)P
B. Location standards.
1. To encourage its use, the storage area for source- separated recyclable shall be co- located with the
storage area for residual mixed solid waste;
2. Indoor and outdoor storage areas shall comply with Uniform Building and Fire Code
requirements;
3. Storage area space requirements can be satisfied with a single location or multiple
locations, and can combine both interior and exterior locations;
4. Exterior storage areas can be located within interior side yard or rear yard areas. Exterior
storage areas shall not be located within a required front yard setback or in a yard adjacent
to a public or private street;
5. Exterior storage areas shall be located in central and visible locations on a site to enhance
security for users;
6 Exterior storage areas can be located in a parking area, if the proposed use provides at
least the minimum number of parking spaces required for the use after deducting the area
used for storage. Storage areas shall be appropriately screened according to the
provisions in 18.755.050 C, design standards;
7. The storage area shall be accessible for collection vehicles and located so that the storage
area will not obstruct pedestrian or vehicle traffic movement on the site or on public streets
adjacent to the site.
FINDING
The applicant has designed a storage area for garbage and recyclables in a location out of site on
the side of the existing building. This area will screened from view with a 6 foot tall fence and
existing vegetation along the property line. The applicant will continue to roll the carts onto
134 Ave and the designated trash/recycle area has not been designed to allow for vehicular
traffic movements.
Chapter 18.765
OFF - STREET PARKING AND LOADING REQUIREMENTS
18.765.010 Purpose
A. Insure adequate vehicle parking. These parking requirements are intended to provide sufficient
vehicle parking in close proximity to the various uses for residents, customers and employees, and
to establish standards which will maintain the traffic carrying- capacity of nearby streets.
A Adequate capacity. These regulations are also intended to establish vehicle parking areas which
have adequate capacity and which are appropriately located and designed to minimize any
hazardous conditions on the site and at access points.
18.765.020 Applicability of Provisions
A. New construction. At the time of the erection of a new structure within any zoning district, off -
street vehicle parking will be provided in accordance with Section 18.765.070.
FINDING
The Applicant is proposing a use that requires additional off street parking to be provided in
accordance with section 18.765. The off street parking standards require a minimum of 1
parking space for each 2.5 beds in the home. The applicant has requested a concurrent special
adjustment to allow one less off street parking space. The applicant has proposed to widen the
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existing driveway to allow for one more employee vehicle parking space. The amount of
parking proposed will support the amount of employees that need to access the site at any given
time throughout the day. The proposed off street parking will continue to provide sufficient
vehicle parking for various uses of residents, guests and employees. The traffic carrying
capacity will not be affected as a result of this application.
D. When site design review is not required. Where the provisions of Chapter 18.360, Site
Development Review, do not apply, the Director shall approve, approve with conditions, or deny a
plan submitted under the provisions of this chapter by means of a Type I review, as governed by
Section 18.390.030.
FINDING
Site design review approval is not required for this application.
E. Building permit conditions. The provision and maintenance of off-street vehicle parking and
loading spaces are the continuing obligation of the property owner:
1. No building or other permit shall be issued until plans are presented to the Director to show
that property is and will remain available for exclusive use as off-street vehicle parking and
loading space; and
2. The subsequent use of property for which the building permit is issued shall be conditional
upon the unqualified continuance and availability of the amount of vehicle parking and loading
space required by this title;
3. Required vehicle parking shall:
a. Be available for the parking of operable passenger vehicles of residents, patron and
employees only;
b. Not be used for storage of vehicles or materials or for the parking of trucks used in conduct
of the business or use; and
c. Not be rented, leased or assigned to any other person or organization.
FINDING
The owners understand that the provisions of the off - street parking and loading are their own
continuing obligation. The areas designated for onsite parking is will be utilized specifically for
parking purposes only. This area will remain available for exclusive off street parking. The
proposed parking area is available for all patrons and employees and it will not used for vehicle
storage. The parking area will not be rented, leased or assigned to any other person or
organization. Therefore, the criterion above is not applicable to this application.
18.765.030 General Provisions
A. Vehicle parking plan requirements. No building or other permit shall be issued until scaled plans
are presented and approved as provided by this chapter that show how access, egress and
circulation requirements are to be fulfilled. The applicant shall submit a site plan. The Director
shall provide the applicant with detailed information about this submission requirement.
B. Location o f vehicle parking, The location of off - street parking will be as follows:
44
1. Off-street parking spaces for single-family and duplex dwellings and single-family attached
dwellings shall be located on the same lot with the dwelling(s);
2. Off-street parking lots for uses not listed above shall be located not further than 500 feet from
the property line that they are required to serve, measured along the most direct, publicly
accessible pedestrian route from the property line with the following exceptions:
FINDING
The applicant has submitted a vehicle parking plan as required by this section. The parking area
within the driveway has been designed according to the City of Tigard's standards.
E. Curb cuts. Curb cuts shall be in accordance with Section 18.810.030N.
FINDING
All curb cuts will be in accordance with Section 18.810.030.N.
18.765.070 Minimum and Maximum Off - Street Parking Requirements
A. Parking requirements for unlisted uses.
The Director may rule that a use, not specifically listed in Section 18.765.070.H, is a use
similar to a listed use and that the same parking standards shall apply. If the applicant
requests that the Director's decision be rendered in writing, it shall constitute a Director's
Interpretation, as governed by Section 18.340;
2. The Director shall maintain a list of approved unlisted use parking requirements which shall
have the same effect as an amendment to this chapter.
FINDING
The type of use proposed is permitted and the amount of off street parking is listed; therefore this
section is not applicable to this application.
C. Measurements. The following measurements shall be used in calculating the total minimum
number of vehicle parking spaces required in Section 18.765.070.H.
1. Fractions Fractional space requirements shall be counted as a whole space;
2. Employees Where employees are specified for the purpose of determining the minimum vehicle
parking spaces required, the employees counted are those who work on the premises- during the
largest shift at the peak season;
3. Students When students are specified for the purpose of determining the minimum vehicle
parking spaces required, the students counted are those who are on the campus during the peak
period of the day during a typical school term;
:1R
4. Space Unless otherwise specified, where square feet are specified, the area measured shall be
gross floor area under the roof measured from the faces of the structure, excluding only space
devoted to covered off-street parking or loading.
FINDING
Based on the requirements of this chapter of the Code, 3.2 or 4 parking spaces are required for
the type of development proposed. The Applicant has proposed 3 parking spaces and requests a
concurrent special adjustment for the reduction in required off - street parking. The proposed
amount of off -street parking will support the needs of the employees.
D. Exclusions to minimum vehicle parking requirements. The following shall not be counted towards
the computation of the minimum parking spaces as required in Section 18.765.070.H.-
1. On- street narking Parking spaces in the public street or alley shall not be eligible as fulfilling
any part of the parking requirement except; Religious Institutions may count on- street parking
around the perimeter of the use provided that the following criteria have been satisfied:
a. The on- street parking is on a street that is designed and physically improved to
accommodate parking within the right -of -way;
b. The street where on- street parking is proposed is not located on local residential streets.
2. Fleet arking Required vehicle parking spaces may not be used for storage of fleet vehicles,
except when a use can show that employee and fleet parking spaces are used interchangeably,
e.g., the employee drives the fleet vehicle from home, or the spaces are used for fleet storage
only at night and are available for employee use during the day. For the purposes of this title,
space exclusively devoted to the storage offleet vehicles will be considered as outdoor storage.
FINDING
The site is not utilized for fleet parking. On street parking along the sites street frontage
bordering SW 134th Ave has not been included in the off-street parking calculations.
F. Reductions in minimum required vehicle parking. Reductions in the required number of vehicle
parking spaces may be permitted as follows:
1. The Director may reduce off - street vehicle parking spaces per Section 18.765.070.H by up to 20% in
new developments for the incorporation of transit- related facilities such as bus stops and pull -outs, bus
shelters, transit- oriented developments and other transit- related development through a Type II
procedure, as governed by Section 18.390.040, using approval criteria contained in Section
18.370.020. C 5. b. Applicants who qual ify for this adjustment may also apply for further parking
reductions per 18.765.070.F.2. below;
2. The Director may reduce the total required off-street vehicle parking spaces per Section 18.765.070.H
by up to a total of 20% by means of parking adjustment to be reviewed through a Type II procedure, as
governed by Section 18.390.040, using approval criteria contained in Section 18.370.020. C. 5. a.
3. The Director is authorized to reduce up to 10% of existing required parking spaces at a conversion
ratio of one parking space for each 100 square feet of transitfacility for developments which incorporate
transit- related facilities such as bus stops and pull -outs, bus shelters, transit- oriented development or
46
other transit - related facilities through a Type I procedure, as governed by Section 18.390.030, using
approval criteria contained in Section 18.3 70.020. C 5. c.
FINDING
The applicant has requested a concurrent special adjustment as governed by Section 18.390.040,
using approval criteria in section 18.370.020.C.5. The Applicant is proposing a use that requires
additional off street parking to be provided in accordance with section 18.765. The off street
parking standards require a minimum of 1 parking space for each 2.5 beds in the home. The
applicant has requested a concurrent special adjustment to allow one less off street parking
space. The applicant has proposed to widen the existing driveway to allow for one more
employee vehicle parking space. The amount of parking proposed will support the amount of
employees that need to access the site at any given time throughout the day. The proposed off
street parking will continue to provide sufficient vehicle parking for various uses of residents,
guests and employees. The traffic carrying capacity will not be affected as a result of this
application.
G. Increases in maximum required vehicle parking The Director may increase the total maximum
number of vehicle spaces allowed in Section 18.765.070.H by means of a parking adjustment to be
reviewed by means of a Type II procedure, as governed by Section 18.390.040, using approval criteria
contained in section 18.370.020. C. 5. d.
H. Specific requirements. (See Table 18.765.2)
FINDING
The Applicant is not seeking an increase in the off - street parking. Thissection is not applicable to
this application.
Chapter 18.775
Sensitive Lands & Steep Slopes
FINDING
The site does not have any sensitive lands or steep slopes on it. Therefore this section of the
code is not applicable.
Chapter 18.780
SIGNS
18.780.010 Purpose
18.780.012 Effective Date of this Chapter
FINDING
The applicant does not propose signage with this application. This section is not applicable to
this application.
M
Chapter 18.790
TREE REMOVAL
18.790.010 Purpose
A. Value of trees. After years of both natural growth and planting by residents, the City now benefits
from a large number of trees. These trees of varied types add to the aesthetic beauty of the
community, help clean the air, help control erosion, maintain water quality and provide noise
barriers.
R Purposes. The purposes of this chapter are to:
1. Encourage the preservation, planting and replacement of trees in the City;
2. Regulate the removal of trees on sensitive lands in the City to eliminate unnecessary removal of
trees;
3. Provide for a tree plan for developing properties;
4. Protect sensitive lands from erosion;
5. Protect water quality;
6 Provide incentives for tree retention and protection; and
7. Regulate commercial forestry to control the removal of trees in an urban environment.
C. Recognize need for exceptions. The City recognizes that, notwithstanding these purposes, at the time
of development it may be necessary to remove certain trees in order to accommodate structures,
streets utilities, and other needed or required improvements within the development.
18.790.030 Tree Plan Requirement
A. Tree plan required. A tree plan for the planting, removal and protection of trees prepared by a
certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a
development application for a subdivision, partition, site development review, planned development
or conditional use is filed. Protection is preferred over removal wherever possible.
A Plan requirements. The tree plan shall include the following:
1. Identification of the location, size and species of all existing trees including trees designated as
significant by the city;
2. Identification of a program to save existing trees or mitigate tree removal over 12 inches in
caliper. Mitigation must follow the replacement guidelines of Section 18.790.060D, in
accordance with the following standards and shall be exclusive of trees required by other
development code provisions for landscaping, streets and parking lots:
a. Retention of less than 25% of existing trees over 12 inches in caliper requires a mitigation
program in accordance with Section 18.790.060D of no net loss of trees;
b. Retention of from 25% to 50% of existing trees over 12 inches in caliper requires that two -
thirds of the trees to be removed be mitigated in accordance with Section 18.790.060D;
c. Retention of from 50% to 75% of existing trees over 12 inches in caliper requires that 50
percent of the trees to be removed be mitigated in accordance with Section 18.790.060D;
d. Retention of 75% or greater of existing trees over 12 inches in caliper requires no mitigation.
3. Identification of all trees which are proposed to be removed;
48
4. A protection program defining standards and methods that will be used by the applicant to
protect trees during and after construction.
C. Subsequent tree removal. Trees removed within the period of one year prior to a development
application listed above will be inventoried as part of the tree plan above and will be replaced
according to Section 18.790.060D.
FINDING
The City of Tigard Trees requires trees 12 inches in diameter or greater to be protected or
mitigated with the exception of fruit bearing trees or trees that dead, diseased or dying which are
exempt from mitigation calculations. The applicant has not included a tree assessment with this
application due to the fact that no trees will be affected on the site as a result of this application.
If the City Arborist determines a tree report is needed, the applicant will retain the services of a
Certified Arborist in the State of Oregon. 100% of the existing trees on the site will remain.
VISUAL CLEARANCE AREAS
18.795.010 Purpose
A. Purpose. The purpose of this chapter is to establish standards which will assure proper sight
distances at intersections to reduce the hazard from vehicular turning movements.
18.795.020 Applicability of Provisions
A. When provisions apply. The provisions of this chapter shall apply to all development including the
construction of new structures, the remodeling of existing structures and to a change of use which
increases the on -site parking or loading requirements or which changes the access requirements.
B. When site development review is not required. Where the provisions of Chapter 18.330, Site
Development Review, do not apply, the Director shall approve, approve with conditions, or deny a
plan submitted under the provisions of this chapter through a Type I procedure, as governed by
Section 18.390.030, using the standards in this chapter as approval criteria.
18.795.040 Computations
A Non - arterial streets.
1. Non - arterial streets 24 feet or more in width. At all intersections of two non - arterial streets, a
non - arterial street and a driveway, and a non - arterial street or driveway and railroad where at
least one of the streets or driveways is 24 feet or more in width, a visual clearance area shall be a
triangle formed by the right -of -way or property lines along such lots and a straight line joining
the right -of -way or property line at points which are 30 feet distance from the intersection of the
right -of -way line and measured along such lines. See Figure 18.795.1:
1. Non - arterial streets less than 24 feet in width. At all intersections of two non - arterial streets, a
non - arterial street and a driveway, and a non - arterial street or driveway and railroad where both
streets and/or driveways are less than 24 feet in width, a visual clearance area shall be a triangle
whose base extends 30 feet along the street right -of -way line in both directions from the
centerline of the accessway at the front setback line of a single family and two family residence,
and 30 feet back from the property line on all other types of uses.
FINDING
As shown on the dimensioned site plan, the site conforms to this section of the code. The
.•
responsibility will shift to the owner to insure that visual clearance is maintained. The visual
clearance areas are shown on the plan set submitted with this application. Therefore, the criterion
is met.
Chapter 18.810
STREETAND UTILITYIMPROVEMENT STANDARDS
18.810.010 Purpose
A. Purpose. The purpose of this chapter is to provide construction standards for the implementation of
public and private facilities and utilities such as streets, sewers, and drainage.
18.810.020 General Provisions
A. When standards apply. Unless otherwise provided, construction, reconstruction or repair of streets,
sidewalks, curbs and other public improvements shall occur in accordance with the standards of this
title. No development may occur and no land use application may be approved unless the public
facilities related to development comply with the public facility requirements established in this
section and adequate public facilities are available. Applicants may be required to dedicate land and
build required public improvements only when the required exaction is directly related to and
roughly proportional to the impact of the development.
B. Standard specifications. The City Engineer shall establish standard specifications consistent with the
application of engineering principles.
C. Section 7.40 applies. The provision of Section 7.40 of the Tigard Municipal Code shall apply to this
chapter.
D. Adjustments. Adjustments to the provisions in this chapter related to street improvements may be
granted by means of a Type II procedure, as governed by Section 18.390.040, using approval criteria
in Section 18.370.030 C9.
E. Except as provided in Section 18.810.030S, as used in this chapter, the term "streets" shall mean
'public streets" unless an adjustment under Section 18.810.020.D is allowed. (Ord. 99 -22)
FINDING
SW 134 Ave is currently 50 feet in total right of way width or 25 feet from the sites western
boundary to centerline. SW 134 Ave is classified as a local neighborhood street that travels in a
north/south direction. The sites frontage along SW 134 Ave has been improved with concrete
curb and sidewalks along both sides of the street. Parking is currently allowed on both sides of
the street. The current 50 foot wide right of way width does not meet the current standard for
local streets which requires 54 feet or 27 feet from centerline. Two feet of additional right of way
along SW 134 Ave is proposed for dedication with this application. The proposed amount of
dedication is consistent with the current standard and will allow for 27 feet to centerline. The
current improvements along SW 134 Ave also do not meet the current standard. The new
standard requires a planter strip in addition to a sidewalk. Since the sites frontage and entire
block along SW 134 Ave has been constructed exclusively with curb tight sidewalk it is
requested that future public street improvements to SW 134 Ave, be postponed until such a
50
time when it becomes feasible to accomplish a larger scale of public improvements to the
immediate area. The applicant requests the city allow the applicant to sign a future street
improvement guarantee to be recorded prior to final occupancy. The document will guarantee
future '/Z street improvements to SW 134 Ave.
5. Improvements to streets shall be made according to adopted City standards, unless the approval
authority determines that the standards will result in an unacceptable adverse impact on existing
development or on the proposed development or on natural features such as wetlands, steep
slopes or existing mature trees. In approving an exception to the standards, the approval
authority shall determine that the potential adverse impacts exceed the public benefits or the
standards. In evaluating the public benefits, the approval authority shall consider the criteria
listed in Section 18.810.030 El.
E. Minimum rights -of -way and street widths. Unless otherwise indicated on an approved street plan, or
as needed to continue an existing improved street, street right -of -way and roadway widths shall not
be less than the minimum width described below. Where a range is indicated, the width shall be
determined by the decision - making authority based upon anticipated average daily traffic (ADT) on
the new street segment. (The City Council may adopt by resolution, design standards for street
construction and other public improvements. The design standards will provide guidance for
determining improvement requirements within the specified ranges) These are presented in Table
18.810.1.
1. The decision- making body shall make its decision about desired right -of -way width and pavement
width of the various street types within the subdivision or development after consideration of the
following:
a. The type of road as set forth in the Comprehensive Plan Transportation Chapter - Functional
Street Classification;
b. Anticipated traffic generation;
c. On- street parking needs;
d. Sidewalk and bikeway requirements;
e. Requirements for placement of utilities;
f. Street lighting;
g. Drainage and slope impacts;
h. Street tree location;
L Planting and landscape areas;
j. Safety and comfort for motorists, bicyclists, and pedestrians;
k. Access needs for emergency vehicles.
FINDING
Two feet of additional right of way dedication is proposed for dedication the proposed amount is
sufficient for a local street. The applicant will not be creating any new public or private streets
as part of this application. Since the sites frontage and entire block along SW 134 Ave has been
constructed exclusively with curb tight sidewalk it is requested that future public street
improvements to SW 134 Ave, be postponed until such a time when it becomes feasible to
accomplish a larger scale of public improvements to the immediate area. The applicant requests
the city allow the applicant to sign a future street improvement guarantee to be recorded prior to
final occupancy. The applicant has proposed to plant street trees along the sites frontage
bordering SW Be Ave, which consistent with the comments received from the City Engineer.
51
These standards are met.
O. Curbs, curb cuts, ramps, and driveway approaches. Concrete curbs, curb cuts, wheelchair, bicycle
ramps and driveway approaches shall be constructed in accordance with standards specified in this
chapter and Section 15.04.080; and:
1. Concrete curbs and driveway approaches are required; except
2. Where no sidewalk is planned, an asphalt approach may be constructed with City Engineer
approval; and
3. Asphalt and concrete driveway approaches to the property line shall be built to City
configuration standards.
FINDING
Curb cuts will be constructed in accordance with this section.
V. Street signs. The City shall install all street signs, relative to traffic control and street names, as
specified by the City Engineer for any development. The cost of signs shall be the responsibility of
the developer.
FINDING
The Applicant agrees to bear the cost of any additional street signs required. Therefore, the
criterion can and will be met.
18.810.050 Easements
A. Easements. Easements for sewers, drainage, water mains, electric lines or other public utilities shall
be either dedicated or provided for in the deed restrictions, and where a development traversed by a
watercourse, or drainage way, there shall be provided a storm water easement or drainage right -of-
way conforming substantially with the lines of the watercourse.
B. Utility easements. A property owner proposing a development shall make arrangements with the
City, the applicable district and each utility franchise for the provision and dedication of utility
easements necessary to provide full services to the development. The City's standard width for public
main line utility easements shall be 15 feet unless otherwise specified by the utility company,
applicable district, or City Engineer.
FINDING
No additional easements are anticipated with this application. If it is determined upon review of
this application that an easement is needed then the Applicant will work with the City and or
other applicable utility franchises to dedicate the easements necessary to provide full services for
the proposed use. Therefore, the criterion is met.
18.810.070 Sidewalks
A. Sidewalks. All industrial streets and private streets shall have sidewalks meeting City standards
along at least one side of the street. All other streets shall have sidewalks meeting City standards
along both sides of the street. A development may be approved if an adjoining street has sidewalks
on the side adjoining the development, even if no sidewalk exists on the other side of the street
52
A Requirement of developers
1. As part of any development proposal, or change in use resulting in an additional 1, 000 vehicle
trips or more per day, an applicant shall be required to identify direct, safe (1.25 x the straight
line distance) pedestrian routes within 112 mile of their site to all transit facilities and
Neighborhood Activity Centers (schools, parks, libraries, etc). In addition, the developer may be
required to participate in the removal of any gaps in the pedestrian system off -site if justified by
the development.
2. If there is an existing sidewalk, on the same side of the street as the development, within 300 feet
of a development site in either direction, the sidewalk shall be extended from the site to meet the
existing sidewalk, subject to rough proportionality (even if the sidewalk does not serve a
neighborhood activity center).
C. Planter strip requirements. A planter strip separation of at least five feet between the curb and the
sidewalk shall be required in the design of streets, except where the following conditions exist: there
is inadequate right -of -way; the curbside sidewalks already exist on predominant portions of the
street; it would conflict with the utilities, there are significant natural features (large trees, water
features, etc) that would be destroyed if the sidewalk were located as required, or where there are
existing structures in close proximity to the street (15 feet or less)Additional consideration for
exempting the planter strip requirement may be given on a case by case basis if a property abuts
more than one street frontage.
FINDING
There is currently a five foot wide curb tight sidewalk along both sides of SW 134 Ave. No
additional improvements are proposed to the existing sidewalk system at this time. Since the
sites frontage and entire block along SW 134 Ave has been constructed exclusively with curb
tight sidewalk it is requested that future public street improvements to SW 134 Ave, be
postponed until such a time when it becomes feasible to accomplish a larger scale of public
improvements to the immediate area. The applicant requests the city allow the applicant to sign
a future street improvement guarantee to be recorded prior to final occupancy. The proposed use
of the site will not generate 1,000 vehicle trips per day. These requirements are met.
18.810.090 Sanitary Sewers
A. Sewers required. Sanitary sewers shall be installed to serve each new development and to connect
developments to existing mains in accordance with the provisions set forth in Design and
FINDING
The subject site is connected to the public sewer system in SW 134 Ave. This existing service
is adequate.
18.810.100 Storm Drainage
A. General provisions. The Director and City Engineer shall issue a development permit only where
adequate provisions for storm water and flood water runoff have been made, and:
53
1. The storm water drainage system shall be separate and independent of any sanitary sewerage
system;
2. Where possible, inlets shall be provided so surface water is not carried across any intersection or
allowed to flood any street; and
3. Surface water drainage patterns shall be shown on every development proposal plan.
FINDING
The subject site naturally slopes towards the north and northeast at varying degrees. All
stormwater from the developed portion of the site is currently directed towards the public storm
system in SW 134 Ave. No additional storm system improvements are proposed.
B. Easements. Where a development is traversed by a watercourse, drainageway, channel or stream,
there shall be provided a storm water easement or drainage right -of -way conforming substantially
with the lines of such watercourse and such further width as will be adequate for conveyance and
maintenance.
FINDING
No natural watercourses, drainage ways, channels, or streams exist on site. As a consequence,
the requirements of this section of the Code do not apply to this land use review.
C. Accommodation of upstream drainage. A culvert or other drainage facility shall be large enough to
accommodate potential runoff from its entire upstream drainage area, whether inside or outside the
development, and:
1. The City Engineer shall approve the necessary size of the facility, based on the provisions of
Design and Construction Standards for Sanitary and Surface Water Management (as adopted by
the Unified Sewerage Agency in 1996 and including any future revisions or amendments).
FINDING
There should be adequate capacity to handle any additional stormwater which will result from
the additional impervious area being created due to the proposed site improvements to allow for
an additional parking space on the site.
D. Effect on downstream drainage. Where it is anticipated by the City Engineer that the additional
runoff resulting from the development will overload an existing drainage facility, the Director and
Engineer shall withhold approval of the development until provisions have been made for
improvement of the potential condition or until provisions have been made for storage of additional
runoff caused by the development in accordance with the Design and Construction Standards for
Sanitary and Surface Water Management (as adopted by the Unified Sewerage Agency in 1996 and
including any future revisions or amendments).
FINDING
Existing development in the down stream drainage area will not be affected by the small
additional impervious area that is being created by the proposed improvements. At the time of
54
future development and in the event the City Engineer determines the existing drainage would be
overloaded as a result of any new development, the applicant will comply with the Director's
recommendations.
18.810.120 Utilities
A. Underground utilities. All utility lines including, but not limited to those required for electric,
communication, lighting and cable television services and related facilities shall be placed
underground, except for surface mounted transformers, surface mounted connection boxes and meter
cabinets which may be placed above ground, temporary utility service facilities during construction,
high capacity electric lines operating at 50, 000 volts or above, and:
FINDING
All utility lines have been undergrounded along the sites frontage. This standard is met.
18.810.130 Cash or Bond Required
A. Guarantee. All improvements installed by the developer shall be guaranteed as to workmanship and
material for a period of one year following acceptance by the City Council.
B. Cash deposit or bond. Such guarantee shall be secured by cash deposit or bond in the amount of the
value of the improvements as set by the City Engineer.
C. Compliance requirements. The cash or bond shall comply with the terms and conditions of Section
18.430.090.
FINDING
If determined necessary by the City, the owner agrees to secure a bond for the improvements.
The bond will comply with the terms and conditions of Section 18.430.090. Therefore, the above
criteria can and will be met.
18.810.140 Monuments
A. Replacement required. Any monuments that are disturbed before all improvements are completed by
the subdivider shall be replaced prior to final acceptance of the improvements.
FINDING
The Applicant would replace any monuments if they where disturbed. Therefore, the criterion
can and will be met.
18.810.150 Installation Prerequisite
A. Approval required. No public improvements, including sanitary sewers, storm sewers, streets,
sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans have been
approved by the City, permit fee paid, and permit issued.
A Permit fee. The permit fee is required to defray the cost and expenses incurred by the City for
construction and other services in connection with the improvement. The permit fee shall be set by
Council resolution.
467
FINDING
No public improvements will be undertaken by the applicant until the appropriate plans have
been approved by the City, fees paid and permits have been issued. Therefore, the criterion is
met.
18.810.160 Installation Conformation
A. Conformance required. In addition to other requirements, improvements installed by the developer
either as a requirement of these regulations or at his own option, shall conform to the requirements of
this chapter and to improvement standards and specifications followed by the City.
B. Adopted installation standards. The Standard Specifications for Public Works Construction, Oregon
Chapter A.P. W.A., and Design and Construction Standards for Sanitary and Surface Water
Management (as adopted by the Unified Sewerage Agency in 1996 and including any future revisions
or amendments) shall be a part of the City's adopted installation standard(s); other standards may
also be required upon recommendation of the City Engineer.
FINDING
All proposed improvements will conform to the requirements of this chapter and to the standards
and specifications required by the City. Therefore, the criterion is met.
18.810.170 Plan Check
A. Submittal requirements. Work shall not begin until construction plans and construction estimates
have been submitted and checked for adequacy and approved by the City Engineer in writing. The
developer can obtain detailed information about submittal requirements from the City Engineer.
B. Compliance. All such plans shall be prepared in accordance with requirements of the City.
FINDING
Prior to any site works or construction commencing on the site, final plans and estimates will be
submitted, checked for accuracy and approved by the City Engineer in writing. All plans will be
prepared in accordance with requirements of the City. Therefore, the criterion can and will be
met.
18.810.180 Notice to City
A. Commencement. Work shall not begin until the City has been notified in advance.
B. Resumption. If work is discontinued for any reason, it shall not be resumed until the City is notified.
18.810.190 City Inspection
A. Inspection of improvements. Improvements shall be constructed under the inspection and to the
satisfaction of the City. The City may require changes in typical sections and details if unusual
conditions arising during construction warrant such changes in the public interest.
FINDING
56
As required above the City would be given advance notice before any work commences on the
site. Therefore, the criterion is met. The Applicant understands that all future improvements will
be inspected by the City and must be built to the City's satisfaction. Therefore, the criterion is
met.
18.810.200 Engineer's Certification
A. Written certification required. The developer's engineer shall provide written certification of a
form provided by the City that all improvements, workmanship and materials are in accord with current
and standard engineering and construction practices, and are of high grade, prior to City acceptance of
the subdivision's improvements or any portion thereof for operation and maintenance.
FINDING
The owner or developer's engineer will provide written documentation to certify that all
improvements, workmanship and materials meet standard engineering and construction
practices. This certification will be submitted for review and approval prior to the City's
acceptance of the proposed improvements. Therefore, the criterion is met.
CONCLUSION
Most people in the community generally agree that persons with disabilities and other special
needs deserve a place to live such as in a care facility instead of being isolated and or
institutionalized. It can be a common reaction to feel concerned or fearful when a new facility
moves in next door or down the street, however, the fact is that this facility located at 12550 SW
134 Ave is not new and has been in operation for 18+ years. Neighbors are often uninformed
about the facility program and residents, which leads to misconceptions. It is true communities
do experience problems with certain types of care facilities. Most complaints range from
increased traffic, noise and other neighborhood disturbances, to criminal activities. The majority
of these complaints involve group facilities that serve the youth and individuals with alcohol or
drug addictions. As described above in this narrative these types of treatment and youth service
facilities require different licensing and will not be allowed on the site.
Based upon compliance with all applicable review criteria as addressed herein above, the
applicant respectfully requests the City of Tigard approve this application for a Conditional Use
Permit with a Use Restriction limiting the care for elderly only and concurrent special adjustment
to reduce the amount of off - street parking by 1 space. In addition to the proposed use restriction
the applicant will accept any reasonable limitations or use restrictions that the city and or others
deem necessary to apply as part of the Conditional Use Agreement.
57
IMPACT STUDY
SANITARY SEWER SYSTEM
There is an 8 inch sanitary sewer in SW 134 Ave. The facility is currently connected to this
line. No changes are proposed or needed as a result of this application.
STORMWATER SYSTEM
All stormwater is required to be detained and released to an approved public system. There is a
public stormwater system in the SW 134 Ave public right of way. Minimal new impervious
surfaces will be created as a result of this application. All stormwater generated onsite is
currently directed towards the public storm system in SW 134 Ave. No additional stormwater
measures are proposed.
WATER SYSTEM
The site is already connected to city water. Water is available with enough volume and pressure
to accommodate the proposed use on the site.
TRAFFIC SYSTEM
Access is provided to the site via an individual driveway directly onto SW 134 Ave.
Pedestrians travel safely along both sides of the street via a curb tight sidewalk. All employees
and any other visitors coming to or from the site will continue to do so in the same manner as
just described. Visitors will continue to park along the street and employees will park onsite. A
future street plan has been included (in the form of an aerial photograph) with this application
showing all existing streets and surrounding development patterns in the surrounding area. The
existing circulation system has adequate capacity to serve the proposed use. The Traffic impacts
to the surrounding will be minimal with consideration of the type of use proposed. As described
in a typical day visitors come 1 to 2 times a week between the hours of 9:OOam- 7:OOpm or by
special appointment if needed. Visitors typically stay for 1/2 -1 hours at a time and then leave.
58
View facing north along SW 134' Ave. The subject site is on the right hand side of this
picture.
View facing south along 134 Ave. The subject site is on the left hand side of this
photograph.
View facing the front of the house looking across SW 134 Ave.
AFFIDAVIT OF MAILING /POSTING
NEIGHBORHOOD MEETING NOTICE
IMPORTANT NOTICE THE APPLICANT IS REQUIRED TO MAIL THE CITY OF TIGARD A COPY OF
THE NEIGHBORHOOD MEETING NOTICE THAT PERTAINS TO THIS AFFIDAVIT AT THE SAME TIME
PROPERTY OWNERS ARE MAILED NOTICE, TO THE ADDRESS BELOW:
City of Tigard Planning Division
13125 SW Hall Boulevard
Tigard, OR 97223 -8189
IN ADDITION, THE APPLICANT SHALL SUBMIT THIS AFFIDAVIT & COPIES OF ALL NOTICES AT THE
TIME OF APPLICATION.
MAILING:
being duly sworn, depose and say that on the ;fi day of MO- V
20 ' I I caused to have ailed to each of the persons on the attached list, a notice of a meeting to discuss a proposed development at
(or near) 6 z.S c � :S I % -k'' - k c- , a copy of which notice so mailed
is attached hereto and made a part of hereof.
I further state that said notices were enclosed in envelopes
above in the United States Post Office located at I
with postage prepaid thereon.
addressed to said persons and were deposited on the date indicated
Signature '�n the presence of a Notary Public)
POSTING:
1c.iC.o�ww a S , do affirm that I am ( represent) the party initiating interest in a proposed land use application
for a -� SP=A+ J'k d A ' �` + - ms s affecting the land located at (state the appro amate
location(s) IF no address(s) and all tax lot(s) currently registered) 12 5 Sc SW r L
and did on the {�` day of 20
personally post notice indicating that the site may be proposed for a C u P land use application, and the time,
date and place of a neighborhood meeting to discuss the proposal.
The sign was posted at a r "�
(state location you posted notice on property)
(In the presence of a Notary Public)
(THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETE /NOTARIZE)
STATE OF �� )
County of ) ss.
Subscribe J and o ;n4affi?med be£oze. n the __ L3 3 day of � 20
OFFICIAL SFAL
CHRISnNE CHENO761,21001111 H
NOTARY PUBLIC -OR
COMMISSION NO. 42
W GOM61ISS10N EXPIRES AUG.
NOTARY PUBLIC OF OREGON
My Commission Expires:
i \aAptn \mastery %neigbbodiood meetings \2E&vit of m=1mg-posting n6ghbo600d mee=g.doc 'Ir ' a
f b Pale 5
HARRIS - McMONAGLE ASSOCIATES
ENGINEERS - SURVEYORS
8740 SW Sco£Ews Street
TIGARD, OREGON 97223
TEL (503) 639 -3453 FAX 639 -M2
May 13, 2009
RE: Change existing Adult Foster Care Facility to Residential Care Facility:
Dear Property owner:
A Conditional Use Permit Application is in preliminary stages for a property located at 12550
SW 134' Ave, Tax Lot 2700, Map 2S -1 W -04AC in the City of.Tigard, Washington County,
Oregon. The site is located on the east side of SW 134 Ave and south of Benish St. The site
is 0.17 gross acres in size, and zoned R -25. The property owner currently operates an Adult
Foster Care Facility from this location and cares for five individuals on a full time basis.
Harris- McMonagle & Associates, Inc. (engineering, planning, and surveying) is representing,
the owner of the property described above and shown on the map on the other side of this page.
The proposal is to change the existing use from Adult Foster Care to a Residential Care
Facility. The change in use will allow the owner to care for 1 to 2 more individuals on a fiill
time basis at the current location. The site will be altered by improving the street frontage
along SW 134 Ave with Street Trees. Other improvements will be made to the internal
portion of the site as necessary to bring it into conformance for the change in use. Prior to
applying to the City of Tigard for the necessary land use approvals, I would like to discuss the
proposal in more detail, with the surrounding property owners and residents.
You are invited to attend a meeting on:
Thursday, June 4, 2009, @ 6:30 pm
Location: Harris McMonagle Associates
(Conference Room)
8740 SW Scoffins Street
Tigard, OR 97223
Please note that this will be an informational meeting on preliminary development plans.
These plans may be altered prior to submittal of the application to the City.
Please contact Steve Bloomquist (Land Use Planner, 503 639 -3453 (Ext- 19), if you have any
questions_
Sincerely,
Steve Bloomquist
Land Use Planner
Attachments —Site Location Map
Neighborhood Meeting Sign -in Form
Residential Care Facilitv - 92550 SW 134th Ave. - June 4, 2009
Lv
Name
Address
Phone
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/�Yc7 S�/ %3� ` -" �l, '�) �2
-- 3� ` &I tea
12550 SW 134` Ave..
Neighborhood Meeting Minutes
Prepared on June 5, 2009
The neighborhood meeting took place on June 4, 2009 at 6:30 P.M. at Harris
McMonagle Associates located at 8740 SW Scoffins St, City of Tigard, Oregon. The
meeting started at 6:30 pm. Tim Murphy with Hams McMonagle Assoc. Inc. introduced
himself and the applicant and started the meeting by giving an overview of the
application process and the requirement for a neighborhood meeting_
Dr. Murphy described the existing use of the site as an elderly care facility with five
residents, that the applicant desired to expand to six or seven residents, and that under the
city's development code, a conditional use permit was required to allow the applicant to
do so. He explained that the city's conditional use permit process would review the
public facilities, setbacks, etc. relating to the site. The applicant told of her operating the
facility at its existing location since 1993 and that the current facility and staffing was
adequate under the state guidelines to increase the number of residents.
A 22 "x34" exhibit of the site was displayed. The proposed street trees, variance for
parking and refuse facility enclosure were reviewed.
The meeting was opened for questions.
Question #1 - How large is the existing house?
Response (by applicant) — 2,850 square feet.
Question # 2 — What kind of residents will live there? Is it restricted to just the elderly?
Response — The conditional use permit is based on public facilities and does not affect
what residents are allowed to live in the facility. What residents are allowed to live there
are determined by the owner of the facility, usually based on their training and
experience. (Applicant) — I have been housing elderly people at my house since 1993 and
they are the only residents I have experience with I would not want to have drug
recovery people or predators. I don't have any experience with treating those kinds of
people, and I wouldn't want them in my house anyways.
Question #3 — What is the maximum number of residents that will be allowed?
Response (by applicant) — I am not sure. I know the limit that the state allows is above
what I intend to have. They will allow two residents per room, but I keep it at one resdent
per room for privacy reasons. I did have a married couple in one room for awhile, but
that was the only time.
Question #4 — Where will the street trees go, and what kind of trees will they be?
Response — Approximately two feet behind the sidewalk, since there is no planter strip.
The trees had been typically Norway Maples in the past, but the current city arborist
prefers other maples, elms, that sort of thing.
Question #5 — Will we hear anything further from the city?
Response — Yes, you will probably receive a copy of the staff report from the city in the
mail, then there is the hearing before the hearings officer, and probably a two week
appeal period If you disagree with the hearing of decision, you can file an appeal
but there is a fee to do so.
Question 46 — Is there anyway to restrict what kind of residents will be allowed?
Response — Is there a Homeowner's Association? (No longer, nothing was enforced). The
kind of residents is not a part of the city's review criteria, so I'm not sure if the hearing
officer can condition that under the Development Code. Applicant — I could put
something in my will, or put a clause in the sale documents when I sell. I don't plan on
retiringfor another sixteen years, so it will probably be awhile before someone else
would own the house. Anyone that purchased the home to run a care facility would keep
the current residents, it wouldn't make financial sense to move them out and start over
with something else.
Question #7 — If the house has six bedrooms, how do you get seven residents?
Response (by applicant) — There are six bedrooms and the garage has also been
converted. My office is out there. The garage door looks operable, but was left for
appearance.
Meeting adjourned at 7:10 pm.
These meeting notes were prepared by Tim Murphy of Harris McMonagle Associates,
Inc.
CITY OF TIGARD
COMMUNITY DEVELOPMENT DEPARTMENT'
PLANNING DnrISION iA
13125 SW HALL BOULEVARD
TIGARD, OREGON 97223 "
PHONE: 503 - 639 -4171 FAX: 503624-3681 (Attu: Patty /Planning) EMAIL; patM&Rard -c� ��a
[E:::::_: FOR 500 -FOOT PRQPE tTX OWNER MAILING LIST
Property owner ia£ormation is valid for 3 months from the date of your request
INDICATE ALL PROJECT SAP_ & nX I.O_ T NUMBERS (Le.1S134AB, Tax Lot 00100) OR THE
LDDRESSES FOR ALL PROJECT PARCELS BELOW:
12550 SW 134th Ave. Tax Map 2S- 1 --04AC TL 2700
PLEASE BE AWARE THAT ONLY 1 SET OF LABELS MILL BE PROVIDED AT THIS TIME FOR
HOLDING YOUR NEIGHBORHOOD MEETING. After submitting your land use application to the City,
and the project planner has reviewed your application for completeness, you Will be notified by means of an
incompleteness letter to obtain your 2 final sets of labels. IF YOU HAVE BEEN NOTIFIED BY PL ANNING
TO OBTAIN YOUR LABELS PLEASE INDICATE THAT YOU NEED 2 SETS OF LABELS.
The 2 final sets of labels need to be placed on envelopes (no self - adhesive envelopes please) with first class letter-
_ rate postage on the envelopes in the form of postage stamps (no metered envelopes and no return address) and
resubmitted to the City for the purpose of provi ''ng notice to property owners of the proposed land use application
'~ and the decision. The 2 sets of envelopes must be kept separate. The person listed below will be called to pick up .
and pay for the labels when they are ready.
NAMEOFCOINTTACTPERSON: Steve Bloomquist PHONE: 503 - 639 -3453 (ext 19)
NAME OF C01�PANX: Harris McMonagle FAX 503 639 -1232
EM AIL : ste;
This request may be emailed, mailed, faxed, or hand delivered to the City of Tigard. Please allow a 2 -day minim
for processing requests. Upon completion of your request, the contact person listed will be called to pick up their
request that Will be placed in "Will Call' by the company name (or by the contact person's last name if no company)
at the Planning/Engineering Counter at the Permit Center.
The cost of processing your request must be paid at the time of pick up, as exact cost can not be pre - determined.
PLEASE NOTE FOR REASONS OF ACCURACY, ONLY ORIGINAL MAILING LABELS
PROVIDED BY THE CITY VS. RE-TYP MAILING LABELS I ILL BE ACCEPTED.
Cost Description-
511 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 -
sheets of labels x 52 1sheet x 2 sets = $16A0
' sheets of labels x $2 /sheet for interestcd parties - .,2 sets= $ 4.00
-- C�F�iFR ATR r in,'►' — ct t nn
TOTAL _ $3i.00
COST FOR THIS
--`' sheet(s) of labels x $2 /shcct = L&- / st s = Id 10
7 sheet(s) of labels x $2 /sheer for interested parties = o x sets = ' rd
C,x.',QP.Tt ATP T VZr - a t tRrt
TOTAL
Patty Lunsford
From:
Steve B[oomquist (Steve @h- mc.com]
Sent:
Monday, May 11, 2009 10:22 AM
To:
Patty Lunsford
Subject:
Labels Request
Attachments:
city... owner mai[ing_labals_req.pdf
Patty,
Attached to this email you will find the labels request for a neighborhood meeting. Please call or email - me when it is
ready for pick up.
Thanks
Steve B[oomquist
Harris McMonagle
503- 639 -3453 (ext 19)
.- i
�.,
2S104ACO5700 2S104AB11700
ADAMS, MARK J AND DONNA N1 BEAN, CARL RICHARD & JANET H
12634 SW 133RD 12385 SW MORNING HILL OR
TIGARD, OR 97223 TIGARD, OR 97223
2S1046D10000 2SI04AC12600
ALEXANDER LIVING TRUST BECKHAM, GARVE & MARILYN
BY MARIONIDOMINIQUE ALEXANDER TRS JT LIVING TRUST
12645 SW 135TH AVE BY GARVEIMAR1LHN BECKHAM TRS
TIGARD, OR 97223 12620 SW 135TH AVE
TIGARD, OR 97223
2S1048009900 2SI04ACO5500
ALEXANDER, MAREON & DOMINIQUE BOONE, GREGORY 0 & KIMBERLY A
12645 SW 135TH 12718 SW 133RDAVE
TIGARD, OR 97223 TIGARD, OR 97223
2SI04BD10100
2S104ACO5800
ALEXANDER, STEFAN &
BROOKS, DOUGLAS D & KIMBERLY N
POTTS, DIANA R
12512 SW 133RD ST
12645 SW 135TH AVE
TIGARD, OR 97223
TIGARD, OR 97223
TIGARD, OR 97223
2S104AC09100 281048000800
ALLARD, ARTHUR 8 & TERESA L BROWN, DONALD 8 &
13249 SW BOUNEFF ST NORTON - BROWN, KATHLEEN A
TIGARD, OR 97223 13590 SW WALNUT LN
TIGARD, OR 97223
2SI04ACO5900
2S104AC09300
ALLEN, SCOTT 8 & DEBRA
CAMPA, CRAIG S &
12590 SW 133RD AVE
HAMILTON, MARY E
TIGARD, OR 97223
13262 SW BOUNEFF ST
TIGARD, OR 97223
2S1048000900 2S104AC04200
ALULA, BERHANU B CHANG, VICTOR
13540 SW WALNUT LN 3181 WEMBLEY PARK RD
TIGARD, OR 97223 LAKE OSWEGO, OR 97035
2S104AB13600
2S104AC04100
ANDERSON, KAREN L & ROGER T
CHANG, VICTOR CUSTODIAN
12414 SW 134TH AVE
3181 WEMBLEY PARK RD
TIGARD, OR 97223
LAKE OSWEGO, OR 97034
2S104ACO2400
2S104BAl2400
ANDERSON, KEVIN &
CHILDERS, DANIEL J & DIANA K
ANDERSON, CHRIS
13630 SW MARCIA OR
12523 SW 133RD AVE
TIGARD, OR 97223
TIGARD, OR 97223
2SI04BA15300
2S104BD09800
BASHIR, MOHAMMAD S
CLEM, RICHARD R & BETTE J
13534 SW LIDEN DR
13555 SW WALNUT LN
TIGARD, OR 97223
TIGARD, OR 97223
2S104AC07000 2S104AC10600
COVINGTON, KEITH & COURTNEY DUNLAP, JAMES J &
12615 SW MORNING HILL OR DUNLAP, SASHA K
^. TIGARD, OR 97223 12594 SW MORNING HILL OR
TIGARD, OR 97223
2S1048Al2200 28104AC07200
CRAIG, ANDREW S ELLIOTT, THOMAS A & BRENDA K
13556 SW MARCIA DR 12657 SW MORNING HILL DR
TIGARD, OR 97223 TIGARD, OR 97223
2SI04BA11500 =04AC06900
CRESTO, GREGG & CONNIE ENQUIST, JEFFREYA & KIMBERLEY J
13543 SW LIOEN DR 12593 SW MORNING HILL OR
TIGARD, OR 97223 TIGARD, OR 97223
28104BA15400
2S104AC06500
CROSSEN,CORA
EVERETT. PAUL
13546 SW LIDEN DR
12449 SW MORNING HILL DR
TIGARD, OR 97223
TIGARD, OR 97223
2S104AC11300
2S104ACO3000
DEBOLT, JASMINE & NEIL
FEESECK, DARRELL L &
12820 SW 134TH AVE
TERESA
TIGARD, OR 97223
12474 SW 134TH AVE
TIGARD, OR 97224
104ACi2
2S104ACO3700
D P TE OWNERS OF
FOOTE, CORI
LO 3
12641 SW 134TH AVE
00000
TIGARD, OR 97223
104ACi24
2S104AC06600
D P E OWNERS OF
FORSTNER, FREDERICK C & ANDRA
LOT i 3
12483 SW MORNING HILL DR
0000
TIGARD, OR 97223
2S104AC11000
28104AC06700
DELEON, TARA
GABEL, CLARKE £ & JUDITH E
12720 SW 134TH AVE
12517 SW MORNING HILL DR
TIGARD, OR 97223
TIGARD, OR 97223
2SI04ACO2600 2S104ACO2200
DEZFULU, EBRAHIM K AND SHAHIN O GE1DL, PETER MILESLIE T
12587 SW 133RD AVE 12441 SW 133RD AVE
TIGARD, OR 97223 TIGARD, OR 97223
2SiO4AB11900
2S1048Al2100
DINDIA, STEVEN J & DIANA E
GENTILE, KRISTINA J
12438 SW MORNING HILL DR
13544 SW MARCIA DR
TIGARD, OR 0223
TIGARD, OR 97223
23104AS12700 2SI04AC11100
GOLDSMITH, KURT R & BONITA F REV KORDMAHALEH, FAROAD T
LIVING TRUST 130 KINGSGATE RD
BY KURT RIBONITA F GOLOSMTIH TRS LAKE OSWEGO, OR 97035
12392 SW 133RD AVE
TIGARD, OR 97223
2S104AC06300
2SI04AO03300
GUERRERO, DANNY & TERESA
KOSHIKAWA, TAKASHIIKIMI
12452 SW 133RD AVE
BY PERFORMANCE PROPERTIES
TIGARD, OR 97223
ATTN: MOLLY
TIGARD, OR 97223
PO BOX 1496
LAKE OSWEGO, OR 97035
2S104AS11600 2SIO48001100
HANcL, ROBERT R & JULIANNE KVISTAD, EUNICE A REV LIV TRUST
13274 SW BENISH ST 1$535 SW FERN ST
TIGARD, OR 97223 TIGARD, OR 97223
2S104AC11200 2SI04ACO5600
HERZBERG. SHAWN C & ANNE LAI, LENG S
12760 SW 134TH AVE 12676 SW 133RD AVE
TIGARD, OR 97223 TIGARD, OR 97224
2SIO46009700 2SI04ACO3800
NORTON, ARLEN D & VIRGINIA M LEE, DOUGLAS LICAPRICE MARIE
13585 SW WALNUT LN 12623 SW 134TH AVE
TIGARD, OR 97223 TIGARD, OR 97223
2S104BD00700 2S104SA15000
JENSEN. NORMAN S & JUDIE L LEE, THANH &
13455 NE SCHUYLER ST HUANG, LIU
PORTLAND, OR 97230 13609 SW NORTHVIEW OR
TIGARD, OR 97223
2S1046000100
2SI04BA11600
JOHANSSON, MARTIN LJOAN
LIU -CHEN, CONNIE
13535 SW WALNUT LN
5907 BAY POINTE OR
TIGARD, OR 97223
LAKE OSWEGO, OR 97035
2S104A1005400
28104ACO2500
KHALIL, MASOOD
MALEKI, ALI M & AZAM
YOUMTOOSIAN, LIDA
12545 SW 133RD AVE
12730 SW 133RDAVE
TIGARD, OR 97223
TIGARD, OR 97223
2S104BA15100
2S104AC66000
KHEIRASADI, MASOUD
MALONE, MICHAEL K & KATHY N
13510 SW LIDEN DR
12558 SW 133RD AVE
TIGARD, OR 97223
TIGARD, OR 97223
2SiO4AC07100 2SI04ACO3600
KOLLING, GERARD W MAYCUMSER, JACK CARYIKAY L
12633 SW MORNING HILL DR 13450 SW 22ND
TIGARD, OR 97223 BEAVERTON, OR 97005
2S104AC06200
2SI04AC12900
MCALPI NE, DAVID D & LISA A
MORADI, HOMA
12494 SW 133RD AVE
12700 SW 135TH AVE
TIGARD, OR 97223
TIGARD, OR 97223
2S104AC12700
2SI04AC10500
MCGINLEY, CHERYL M
MULYAR, TATYANA
12640 SW 135TH AVE
12616 SW MORNING HILL DR
TIGARD, OR 97223
TIGARD, OR 97223
2S104AB12000
2S104SA11400
MCMILLAN, D SCOTT
NADARAJAH, SRIDER
12416 SW MORNING HILL DR
13365 SW LIDEN DR
TIGARD, OR 97223
TIGARD, OR 97223
2S104AC09200
2S104ACO3100
MCNAY, WILLIAM AND LILLIE M
NEST, BRIANA M &
12466 SW MORNING HILL DR
HINESLY, PAULINE M
TIGARD, OR 97223
12445 SW 134TH AVE
TIGARD, OR 97223
2SI04ACO3200
2SI04AGO2800
MITTENDORF, VICKI
NGUYEN, NGUYET T &
12487 SW 134TH AVE
DANG, DAT D
TIGARD, OR 97223
12538 SW 134TH AVE
PORTLAND, OR 97223
2S104A612800
2S104BA11700
MIYASAKO, KENNETH & MARJORIE T
NGUYEN, TONY DUNG &
13332 SW BENISH
VUONG, TIFFANY TUYEN
TIGARD, OR 97223
13529 SW UDEN OR
TIGARD, OR 97223
2S104AC06100 2S104AC04300
MOAN, DAVID RIMARIA O'BRYANT LLC
12536 SW 133RD AVE 32 MORNINGVIEW CIR
TIGARD, OR W223 LAKE OSWEGO, OR 97035
2S704ACO3400 2
2S104ACO2300
MOISO, MICHAEL O
O'CONNER, PAMELA
2Sf04AB12600 2SI04AC04000
MCNJE, MICHAEL T & LANELLE A OLDHAM, GEORGE D
12410 SW 133RD AVE 12669 SW 133RD AVE
TIGARD, OR 97223 TIGARD, OR 97223
2S104AS11800 2S104ASO4700
MOORE, THOMAS E & CAROLYN J OUR REDEEMER LUTHERAN CHURCH
-- 12427 SW MORNING HILL DR 13401 SW BENISH ST
TIGARD, OR 97223 TIGARD, OR 97223
2S104AS11800 2S104ASO4700
MOORE, THOMAS E & CAROLYN J OUR REDEEMER LUTHERAN CHURCH
-- 12427 SW MORNING HILL DR 13401 SW BENISH ST
TIGARD, OR 97223 TIGARD, OR 97223
2S104ACO3500
ROTH, SCOTT L
12567 SW 134TH AVE
PORTLAND, OR 97223
2SI04BAl2000
SAIDAM, AZIZA A &
ABDELJAWAD, YASER Z &
ABDELJAWAD, NAJAH ZAKI
13518 SW MARCIA DR
TIGARD, OR 97223
2SI04BA11900
SILVER, TIMOTHY & CHAN FU
13503 SW L1DEN DR
TIGARD, OR 97223
2S104AC12800
SINCLAIR, WILLIAM D &
DOROTHY U
12660 SW 135TH AVE
TIGARD, OR 97223
2SI04ACO2900
SOM, NEANG
12496 SW 134TH AVE
TIGARD, OR 97223
2SI04ACO3900
STEFFEN, MICHAEL J
12647 SW 133RD AVE
TIGARD, OR 97223
2S104AC06800
STONE, BRIAN TIMICHELLE L
12551 SW MORNING HILL DR
TIGARD, OR 97223
2S104AB11500
TESHERA, KRIS D & JENNIFERN E
PO BOX 230901
TIGARD, OR 97223
2S104AC09400
THOMAS, BRIAN D & KATHLEEN M 8
13234 SW BOUNEFF ST
TIGARD, OR 97223
1048A164
7IGA OF
�- 131 W LL BLVD
Tk6ARD,OR. 97223
2S104SA15200
TRINCHERO, PAUL H &
TRINCHERO, H BARBARA
9S90 SW VENTURA CT
TIGARD, OR 97223
2S104AS13500
VAUGHN, PHILIP JAMES
12403 SW 134TH AVE
TIGARD, OR 97223
2SI04BAl2300
WILCOX, JASON
13588 SW MARCIA DR
TIGARD, OR 97223
2S104ACO2700
WILDE, ERIN DANIELLE
12550 SW 134TH
TIGARD, OR 97223
2S104BA11800
WOOD, DAVID M &
WOOD, KRISTIN E
753 VINEYARD TER
PLEASANTON,CA 94566
2S104AS13700
YOZAMP, GRANT R &
YOZAMP, KIMBERLYN A
12407 SW 133RD AVE
TIGARD, OR 97223
2S104AC10900
ZECHMANN, BARBARA JUNEfrERRY LEE
LEARY, KATHLEEN JOAN &
LEARY, KATHLEEN JJDAVID L
13320 SW WALNUT ST
TIGARD, OR 97224
Charlie and Larie Stalzer
14781 SW Juliet Terrace
Tigardi OR 97224
Craig Smelter
PO Box 1467
Tualatin, OR 97062
Harold and Ruth Howland
13145 SW Benish
Tigard, OR 97223
Kevin Hogan
14357 SW 133rd Avenue
Tigard, OR 97224
Gretchen Buehner
13249 SW 136th Place
Tigard, OR 97224
CPO 4B
Holly Shumway, Chair
14535 SW Woodhue Street
Tigard, OR 97224
Beverly Proude
12200 SW Bull Mountain Road
Tigard, OR 97224
Barry Albertson
15445 SW 150'h Avenue
Tigard, OR 97224
John 1
7110 SW Lola Lane
Tigard, OR 97223
CPO 4B
16200 SW Pacific Highway, Suite H242
Tigard, OR 97224
Susan Beilke
11755 SW 114th Place
Tigard, OR 97223
David Walsh
10236 SW Stuart Court
Tigard, OR 97223
Todd Harding and Blake Hering Jr.
Norris Beggs & Simpson
121 SW Morrison, Suite 200
Portland, OR 97204
CITY OF TIGARD - WEST INTERESTED PARTIES (pg. I of f) (i: \curpEnlsetup \labels \CIT West.doc) UPDATED: 16- Dec -08
r May 30, 2009
To the City of Tigard:
Re: Change of classification from AFC to RCF
Danielle's AFC
12550 SW Be Ave
Tigard OR 97223
My family and I have lived across the street from Danielle Wilde since October of 2005.
During that time we have never had a problem: in any way with parking, people coming
and going, her employees or anything.
She keeps her yard very well and I think she is an asset to our neighborhood. After all
she takes care of frail elderly people.
She explained the changes she is making with her elderly population. If shy hadn't of
told me, I wouldn't have known something had changed.
Feel free to call me with any questions.
Sincerely,
May 23, 2009
To Whom It May Concern:
About: Danielle's AFC
12,550 SW 134 Ave
Tigard Or 97223
We lived across the street from Danielle Wilde for about three years. We never
had a problem with parking during that entire time. She is a good neighbor. One
of the reasons we choose our house was because of how well kept her yard is
and good it looks because we look directly at it.
She does a good service to our neighborhood and should be allowed to change
the classification, especially since she isn't changing the structure of the house.
Sincerely, �{
& -,3. v �
Q�
12,Ous�,
12&01
Ta.�l ors �-izz3
co (3 /d 9
o
Michael White
7670 Spruce
Tigard Or 97223
503- 977 -2556.
November 24, 2009
To Whom It May Concern:
I have had my mother, Martha, in Danielle's home since May of 2006. My mother lived
with us before we made the choice to have her live in a care home. During the time we
took care of her she was very demanding, unhappy and a bit ungrateful for the care she
was receiving from us.
After she moved into Danielle's home, slowly things began to change for the better. Now
she never complains, is happy to see us and is happy to be with Danielle and the Care
providers she employs_
Danielle has been able to improve her health by diet and stable care and we have been
able to decrease her medications thus improving her quality of life and at a minimum
saving the family money.
Danielle is very professional and on the ball detecting things that need attention before
they become a problem as far as medical is concerned_ She has been able to keep a low
turn over in employees over the years which is very important to my mother, in being
able to look forward to whom is going to be working each day. My mother loves
Danielle and enjoys the inter action with Danielle and her significant other Scott, the
other caregivers and her dog, Lydia.
Feel free to contact me if you have any questions or if I can help in any way.
Sincer /� /��
/ 'L'V `
Michael White
J"o 5
rte.
Letter of Recommendation
I have known Danielle Wilde since 2004. I have been in her adult care home
many times for various reasons. Since June of 2007, my husband's uncle has
been a resident of Danielle's care home. We were familiar with a number of
adult care homes in the Portland area but chose Danielle's as the most
appropriate placement for our uncle. He has received excellent care there.
Either I or my husband visit the home several times a week at various times.
We have had many opportunities to observe not only Danielle but also her
staff as they care for the residents with dignity, competency and diligence.
I have an extensive long term care background. While living in California, I
cared for my mother (who had Alzheimer's disease) for 6 years in her home.
The final 6 months of her life, she was a resident of a skilled nursing facility.
During that time, I visited her everyday for several hours, having many
occasions to interact with the nursing staff, other residents and their families.
I have also been an assisted living assistant administrator of a 60 unit
community. I have also assisted a number of family, friends and
acquaintances as they have selected a long term care facility for a family
member. In doing so, I have visited a number of care homes in the Portland
area.
I feel that I can whole heartedly recommend Danielle's care home to anyone
who is looking for an appropriate setting for their loved one.
Pam Carter
57 3
November 15, 2009
To Whom It May Concern,
I have been an Assisted Living A dministrat or for several years and am currently the
Administrator of an Assisted Living Community in Woodburn, Oregon.
As a senior living professional, I have had the opportunity to visit numerous adult foster
care settings during my career. When my wife's mother required moving to this type of
senior living environment, my wife and I wanted the best care for her mother due her
extremely high level of needs. When we found Danielle's Adult Foster Care and the way
she individualizes each residents care we have been very impressed. Her staff is well
trained and works with each resident as if they were a member of their family.
I highly recommend Danielle's Adult Foster Care to anyone who is looking for a
homelike environment and high level of individualized care for their family member.
Sincerely,
Michael Sinclair
Assisted Living Administrator
503 6 2 9' 8602-
November 14, 2009
To whom it may concern:
This is a letter of recommendation for Danielle Wilde. Danielle has been my mother's
caregiver for the last eight months. My mother arrived at her facility with many needs
requiring extensive interventions due to the uniqueness of her condition.
Danielle has shown great interest in my mother and her specific needs. She has
researched and consulted with medical personnel to establish strategies that may improve
my mother's quality of life. She has been exemplary in accomplishing my mother's
medications being diminished and using natural methods instead. My mother has
responded very well and began to manage her own care more easily than prior to her
placement in Danielle's foster care.
Danielle is highly personable with the family and displays a desire to be holistic in
meeting not only the needs of her client but to include the family as a team when making
decisions. Her honesty and openness has been greatly appreciated by our family in that
we know we can depend on her to report accurately any information necessary to us as
well as Danielle openly accepting information from us in a collaborative manner.
Her foster care team has always been professional and has never given us any doubt they
are trained to care for the clients in the home. We have observed Danielle ensuring there
is staff training and that her staff is expected to meet certain criteria. Her foster home is
always clean, serves 3 balanced meals and snacks, individually responds to interventions
for the clients, and provides a safe and calm atmosphere.
As an Autism specialist I am fully aware of the difficulty of ensuring clients' needs are
met, laws are adhered to and include the family as a team in an accomplished manner. I
believe Danielle Wilde is an exceptional model of meeting the criteria of highly
proficient in regard to managing a foster care facility.
It is a privilege to write this letter of recommendation for Danielle.
Sincerely,
Linda Sinclair
,5D3 qg� &32-1
Letter of Recommendation
I can, without reservation, recommend Danielle Wilde as a long -term care
owner and residential care manager. Danielle cares deeply about her
residents and their families. She also has both the medical and social
services understanding so necessary with long -term care_ Danielle imparts
this understanding to her resident care managers, making Danielle's one of
the absolutely best resident care homes.
My Background
Licensed skilled nursing and long -term care administrator: Washington,
Oregon and California; Licensed Financial Advisor, including health care
and long -term care insurance
Washington 89 beds — skilled nursing, sub -acute pulmonary skilled nursing,
and medical rehabilitation; licensed Financial Advisor, including long -term
care insurance
Oregon -130 long-term care residents; Licensed Financial Advisor to more
than eighty long -term care home owner- clients
California -130 convalescent hospital beds and residents, including a
Alzheimer resident section
Ronald Carter, MBA
26X
December 2, 2009
To Whom It May Concern,
I am a registered nurse who has been working with current adult foster home owner /provider,
Danielle Wilde, for over 10 years. I have seen her residents in my former capacity as a home health
nurse with Legacy Visiting Nurse Association and I have worked privately to consult with Danielle as
needed with her foster home residents and employees. Danielle and her foster home providers have
always been receptive to my suggestions and instructions and are quick to implement changes that
might recommend in an effort to improve the home, often involving the keeping of client records.
I have always found Danielle's home to be clean and organized and her residents well cared for_
Danielle works closely with her cl ients' medical providers to see that their needs are met, and quickly
reports any changes in resident's physical or emotional status to their physicians in an effort to address
client concerns as soon as possible. Each foster home provider is experienced in caring for all of the
needs of each client, some of them with multiple, chronic medical concerns. Danielle and her caregivers
have managed brittle diabetics requiring multiple insulin shots daily, clients with colostomies and
ieostomies that need close supervision and frequent changing of ostomy appliances, and residents with
complicated wound care, such as that required following a post - operative wound infection or a deep
pressure ulcer. Danielle is knowledgeable regarding the preparation of special diets that maybe
required and is ready to ask for help in areas when needed_
I would highly recommend Danielle's adult foster home to anyone I know and feel completely
confident they would receive the best care possible.
Sincerely,
on Callaway, RN
503.789.7207
iZ�z�o c
To whom it may concern:
I met Danielle in 2006 and for the last two years I
have worked for her. She is loyal to her
employees but is also very demanding of us and
holds us accountable. I've learned most of what
I know today by the example she has set on
being ethical, honest and having a general love
for all people. She has supported me through the
trials and tribulations of my personal life with a
loving attitude. She's always been there for me
when I've needed her. She's very realistic about
all situations; she doesn't jump to conclusions or
pass judgment. I'm very blessed to have such a
wonderful employer.
Justine Winkler
�3 9�q g7s7
Page 1 of 1
Danielle Wilde
From: CHILENSKI4043 @comcast.net
Sent: Tuesday, December 01, 2009 12:32 PM
To: daniellewilde957 @gmail.com
Subject: Letter
To Whom it may concern,
I have known Danielle Wilde for over 15. 1 have personally worked with her during that span of
time running her adult foster home for 6 years and have been on her emergency call list since
1995. 1 have always known her to be a kind, caring compassionate person who has put much
effort into making each residents stay with us as comfortable as possible. I have always
enjoyed working with her. And will surely do so again. The home is clean, asthetically pleasing
and well run. Danielle has always taken a direct hands on approach and has always been
available to her staff, families and residents. She has always worked with the families and
doctors of these residents to come up with the best care plans to keep the residents in the best
possible shape for whatever condition they are in. As with all homes of this nature a good fit
for all residents is essential and she takes her residents health, well being and safety seriously.
Her home specializes in creating a home enviroment for the elderly infirmed. The youngest
person we have ever had was 60 years old in poor health and an amputated leg. The average
age is between late 80's -late 90's with common serious physical health issues. The majority
are wheelchair bound or cannot walk without assistance_ It is a level 3 care home in all that
that implies. She has never had any resident in her home with a criminal background nor
anyone with any background of serious/ potentially dangerous psychological problems that
could potentially put other residents under her care at risk. She strictly follows the rules and
guidelines set up by the state of Oregon. This includes background checks of all employees. I
myself during my 15 years of working there on and off have had submitted a background
check each and every time I come back on.
Sincerely,
Pamela Chilenski
�3 7�
12/2/2009
Page 1 of 1
Danielle Wilde
From: Grethel Ponce [grethelyponce@yahoo.com]
Sent: Monday, November 30, 2009 2:58 PM
To: danielie.wilde957 @gmail.com
Subject: Fw: letter
-- Forwarded Message —
From: Grethel Ponce <grethelyponce @yahoo.com>
To:danielle.wilde@gmail.com
Sent: Mon, November 30, 2009 2:55:07 PM
Subject:
To Whom It May Concern:
I started working for Danielle Wilde in the year 2000, and during that time
Period, I was a 24 hour living care giver for 3 days a week.
Time went by and I became a full time care giver working 5 days a week for 24hour and Resident manager
During that time I got to know her very well and became good friends.
Danielle has being a good person to me and the residents of the home,
She is an excellent care provider, she cares for their well been and health she is a person with a great
personality and with a big hearth.
She is a caring loving person she helped me with anything I might needed and advised me with any concern I
might had at that time. She was always involve in house activities
She had a good communications with family member and medical staff.
She had always taught me to go by rules and regulations as per licensing
All this years of knowing her she had always had a good reputation and as well very busy
With her bussness, keeping everything well organized.
Medicine up to date, care plans, RN delegations renewed and always keeping the home safe.
I move out of the Adult Care Home because I got married and move with my family into a new home, I loved
been in the home working and helping the elderly and also Danielle,
I learn a lot from her, she taught me to become a better person, to respect, to love one another, and the most
important discipline.
Danielle is the kind of person that will love to take care of your love one, she is very good on picking her
employees and that will also provide good care like she does.
I care for Danielle very much, we became good friends and we always keep in touch with each other, I love her
sense of humor and her wonderful personality.
Sincerely:
Grethel Ponce
760 - 677 -6212
12/1/2009
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RESIDENTIAL CARE FACILITY
ATTEMION
OREGON UAW REQUIRES YOU TO FOLLOW RULES
AGGPTEO BY THE OREGON UTRSIY NOTIRCAAON C TER.
iNOSE RULES ARE SET FORTH N OAR 952-001 -000 THROU
GH
OAR 933- 001 -0090. YOU MAY OaTNN GOPIE9 THE RULES BY
CALIJNG THE CENTER AT (800) 332 -2]44 OR (5QT) 02 -1987.
IpcAxr�
(48 HOURS NOTICE REQUIRED PRIOR TO EXCAVATION)
ONE CALL SY51E31
IEIEPHONE, NW MAIVRAL - 503-246 -6899
C AdE, GT V OF ".4RO)
POLTLANO GENERAL EIEC C
REPAu EIuRGENCIES
NORTHKSr NATURAL GAS - 800- 882 -3377
WI20N - 6W-48:1-2000
PORTLAND GENERAL ELECTRIC - 503- 642-8818
CLEANm1ER SEANCES - 503-848 -6220 OR 503- 848 -5221
COICAST - 503- 805 -4864
CITY OF AGAR) PUBLIC WOr6G - 603 -83F -1654
TLS -,OK N L—wM AND PILOTECiNG UNDE R—o UTIUTRS,
MUST COMPLY WnH ME RESULATIMS OF O.R.S. 757.541 M 757.571.
12550 SW 134TH AVENUE
CONDITIONAL USE PLANS
LOCATED IN THE SW % OF THE NE % OF SECTION 4
TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN,
CITY OF TIGARD, WASHINGTON COUNTY, OREGON
G 2G a
s r. I" -zo'
I /-At
nt NOG \\)
^\ ///
I
NO SCALE
OWNER /APPLICANT:
ERIN DANIELLE WILDE
12550 SW 134TH AVENUE
TIGARD, OREGON 97223
PHONE 503.318.1586
PLANNER, ENGINEER
& SURVEYOR:
HARRIS— MCMONAGLE
ASSOCIATES, INC.
8740 S.W. SCOFFINS ST.
TIGARD, OR 97223 -6287
PHONE 503.639.3453
SITE INFORMATION:
TAX MAP 2S- 1 -G4AC
TAX LOT 2700
ADDRESS: 12550 SW 134TH AVENUE
GROSS SfIE AREA - 7,209 S.F.
NOTE ALL BOUNDARY DIMENSIONS AND AREA SHOWN
ARE PER THE PLAT OF 'MORNING HILL N3. 8'
Date of this Planset: Last Revised 5/01/09
SHEET INDEX:
Cover Sheat and Vicinity Map ..................1 of 2
Site Plan .... ............................... 2 of 2
City of Tigard Caseflle No. "PENDING"
R.VIR1aIB
IEFWmI¢ iNOMNTitlE
DANIELLE WILDE
2�9GW,3 NA ENHE
' n a ,. 09 9Tns
�
�I TCM
HMC Harris- McMonag /e
s Associates, Inc.
19M EI MEWNG- SVRYEYMG -FL4 MG
8740 SWSCO/1J -S&mt ryard Oregm97223
TN (503)639 -3453 F- (503)639 -1232
R;.50fNRAL CARE f74CIL17
1"-20'
oR„RN9-
OGVER
W�hP
TOM
PROJECT
em®
°"
CONDITIONAL USE PERMIT
COVER SHEET AND VICINITY MAP
A.�
VIf:INITY MAP
NO SCALE
OWNER /APPLICANT:
ERIN DANIELLE WILDE
12550 SW 134TH AVENUE
TIGARD, OREGON 97223
PHONE 503.318.1586
PLANNER, ENGINEER
& SURVEYOR:
HARRIS— MCMONAGLE
ASSOCIATES, INC.
8740 S.W. SCOFFINS ST.
TIGARD, OR 97223 -6287
PHONE 503.639.3453
SITE INFORMATION:
TAX MAP 2S- 1 -G4AC
TAX LOT 2700
ADDRESS: 12550 SW 134TH AVENUE
GROSS SfIE AREA - 7,209 S.F.
NOTE ALL BOUNDARY DIMENSIONS AND AREA SHOWN
ARE PER THE PLAT OF 'MORNING HILL N3. 8'
Date of this Planset: Last Revised 5/01/09
SHEET INDEX:
Cover Sheat and Vicinity Map ..................1 of 2
Site Plan .... ............................... 2 of 2
City of Tigard Caseflle No. "PENDING"
R.VIR1aIB
IEFWmI¢ iNOMNTitlE
DANIELLE WILDE
2�9GW,3 NA ENHE
' n a ,. 09 9Tns
�
�I TCM
HMC Harris- McMonag /e
s Associates, Inc.
19M EI MEWNG- SVRYEYMG -FL4 MG
8740 SWSCO/1J -S&mt ryard Oregm97223
TN (503)639 -3453 F- (503)639 -1232
R;.50fNRAL CARE f74CIL17
1"-20'
oR„RN9-
OGVER
W�hP
TOM
em®
°"
CONDITIONAL USE PERMIT
COVER SHEET AND VICINITY MAP
aEEr
1
,r 2
3/Ga/IG
maIIm1W
_ _SW 134TH AVENUE
N
i
5
m
— 7 --
,
-- ---------- - - - --- -- r-- -- - - -- E%�411N °Wf®LNE _ �
A` I I / E%ISTING SSIOflrAtk ___- -�
-- _
_ -- - �r - -- T/L 3700
DANIELLE WILDE
ixn1AVeNUe
soa.aieesm �
T" HMC I Harris- McMonagie
Sri Associates, Inc.
oe 1968 ENG /MCH!!AG- SIRtVEYff�G- PYnnMING
' 10N 8740 SWRtffl -N6LW 7794,4,X9722?
TN. (503) 639 -3453 Far (503) 6394131
w ' /oe /m
0 0 20
uwc r -+a
cuc
Rf,5/DENT /74L 624R,E f74G /L /T'/
SITE PLAN
CONDITIONAL USE PERMIT 2
SITE PLAN a 2