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Hearings Officer Packet - 11/08/20041 1 , HEARINGS OFFICER MONDAY - NOVEMBER 8, 2004 - 7:00 PM Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Hearings Officer meetings by noon on the Friday prior to the meeting. Please call 503-639-4171, Ext. 2438 (voice) or 503-6842772 (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. i 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. Hearings are held in Town Hall at the City of Tigard at 13125 SW Hall Boulevard Staff reports are available to the public 7 days prior to the hearing date 1. CALL TO ORDER 2. PUBLIC HEARING 2.1 METZGER ELEMENTARY SCHOOL BALL FIELDS CONDITIONAL USE PERMIT (CUP) 2004-00006 REQUEST: The applicant is requesting Conditional Use approval for a major modification to the newly constructed Metzger Elementary School site to expand the school site and include three (3) additional properties to construct ball fields just north of the school. The new play area will be approximately 35,284 square feet. Improvements to the site and surrounding area include street trees and sidewalks along SW Locust Street, and removal of the three existing driveways. LOCATION: 10350 SW Lincoln Street and 9080, 9120 and 9140 SW Locust Street; WCTM 1S135AB, Tax Lots 100, 202, 203 and 204. ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.390, 18.510, 18.630, 18.705, 18.725, 18.745, 18.755, 18,765, 18.780, 18.790, 18.795 and 18.810. 3. OTHER BUSINESS 4. ADJOURNMENT Page 1 of 1 0 0 GENOA STEM 2.1 tAo 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: NOVEMBER 8, 2004 PAGE 1 OF I FILE NAME: METZGER ELEMENTARY SCHOOL BALL FIELDS CASE NOS.: CONDITIONAL USE PERMIT (CUP) 2004-00006 IF YOU WISH TO TESTIFY ON THE ITEM INDICATED ABOVE, PLEASE PRINT YOUR NAME, ADDRESS & INCLUDE YOUR ZIP CODE PROPONENT - (Speaking In Favor or Neutral) OPPONENT - (Speaking Against) Name, Address, Zip Code and Phone No. &7) 3 . 1 Name, Address, Zip Code and Phone No. ~Ed m vj s-J)k f, r (00 - 1 ~y~ -(2rt • Name, Address, Zip Co a and Phone No. Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. 1 Name, Address, Zip Code and Phone No. 1 - - - - - - - - - - - . Name, Address, Zip Code and Phone No. 1 Name, Address, Zip Code and Phone No. 1 Name, Address, Zip Code and Phone No- Name, Address, Zip Code and Phone No. 1 1 Name, Address, Zip Code and Phone No. -TName, Address, Zip Code and Phone No. 1 I - - - - - - - - - - - - - - k - - - - - - - - - - - - - - 1 • 0 COMMUNITY NEWSPAPER5 1325 SW Custer Orlue, Portland, OR 97219 • PO Box 370 • Beaverton, OR 97075 Phone: 503.884.0380 Fax: 503.820-3433 • Email: emallftmmaewspapers.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 Tigard/Tualatin Times, a newspaper of general circulation, published at Beaverton, in the aforesaid county and state, as defined by ORS 193.010 and 193.020, that Notice to Interested Persons - Public Hearing Conditional Use Permit (CUP) 2004-00006 Metzger Elementary School Ball Fields CNI TT10487 a copy of which is hereto annexed, was published in the entire issue of said newspaper for successive and consecutive weeks in the following issues October 21, 2004 Cam' a' W qj-P Charlotte Allsop (Accounting Manager) Subscribed and sworn to before me this October 21, 2004 OTARY PUBLIC FOR 01~ON OFFICIAL SEAL ROBIN A BURGESS NOTARY PUBLIC-OREGON COMMISSION my COMMISSION EXPIRES MAY 16,2M5 My commission expires Acct # 10093001 City of Tigard Attn: Accounts Payable 13125 SW Hall Blvd Tigard, OR 97223 Size 2 x 10 Amount Due $ I Li-1.00 ' remit to address above CITY OF TIGARD OREGON ' The following will be considered by the ward Hearings Offieer on Monday November 2094g.L7:00 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 Appeal based on that issue. Failure to specify, the criterion from the Community Development Code or Comprehensive Plan at which a comment is directed precludes an appeal based on that criterion. A copy of the application and all documents and evidence submitted by or on behalf of the applicant and the applicable criteria are available for inspection at no cost. A copy of the staff report will be made available for inspection at no cost at least seven (7) days prior to the hearing, and copies for all items can also be provided at a reasonable cost. Further information may be obtained from the Planning Division (staff contact: Morgan Tracy) at 13125 SW Hall Blvd., Tigard, Oregon 97223, by calling 503-639-4171, or by e-mail to morganQa ci.tieard.or.us. PUBLIC HEARING ITEM: CONDITIONAL USE PERMIT (CUP) 2004-00006 > METZGER ELEMENTARY SCHOOL BALL FIELDS < REQUEST: The applicant is requesting Conditional Use approval for a major modification to the newly constructed Metzger Elementary School site to expand the school site and include three (3) additional properties to construct ball fields just north of the school. The new play area will be approximately 35,284 square feet. Improvements to the site and surrounding area include street trees and sidewalks along SW Locust Street, and removal of the three existing driveways. LOCATION: 10350 SW Lincoln Street and 9080, 9120 and 9140 SW Locust Street; WCTM 1S135AB, Tax Lots 100, 202, 203 and 204. ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.390, 18.510, 18.630, 18.705, 18.725, 18.745, 18.755, 18,765, 18.780, 18.790, 18.795 and 18.810. • i If/ Fn; T' MAP t ~ `LOPtUU4•uuavo j METiGER ELEriEH1AA'1; _ SCHOOL BALL FIELDS e ~1._......._,-.........J . IT TT 10487 Publish October 21, 2004 BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by the Tigard-Tualatin School ) FINAL ORDER District for a conditional use permit to construct a ball field ) at the Metzger Elementary School located southwest of SW) CUP 2004-00006 Lincoln and Locust Streets in the City of Tigard, Oregon ) (Metzger Elem. Ball Field) A. SUMMARY 1. The applicant, Tigard-Tualatin School District represented by Ed Murphy & Associates, requests approval of a conditional use permit (CUP) for a major modification to the recently constructed Metzger Elementary School, located at 10350 SW Lincoln Street and 9080, 9120 and 9140 SW Locust Street; also known as tax Lots 100, 202, 203 and 204 (WCTM 1S135AB). The site is the southwest quadrant of the intersection of SW Lincoln and Locust Streets. The site is zoned R-4.5 (Low Density Residential). The southern portion of the site is developed with an elementary school and associated parking and landscaping. Until recently, the northern portion of the site was developed with three single- family residences with access to SW Locust Street. The applicant removed the structures to facilitate the development proposed in this application. 2. The applicant now proposes to construct a ball field and associated landscaping and fencing on the northern portion of the site. 3. City Hearings Officer Joe Turner (the "hearings officer") held a duly noticed public hearing regarding the application. City staff recommended that the hearings officer approve the CUP, subject to conditions. The applicant's representative accepted the findings and conditions of approvals recommended by City staff with certain exceptions and clarifications. Other than service providers, no one else testified orally or in writing. The hearings officer held open the public record for four weeks to allow the parties to offer additional written testimony and evidence. The principal disputed issues in this case include the following: a. Whether the tax lot 100, which contains the existing school, is part of the "site" for purposes of the application; b. Whether the applicant is required to provide a planter strip between the curb and sidewalk along the site's Locust Street frontage; c. Whether the applicant is required to provide a fence and screening along the boundaries of the site; d. Whether the applicant is required to dedicate additional right of way along the site's Locust Street frontage; e. Whether the applicant is required to relocate the proposed baseball backstop structure to provide a 20-foot setback from the potential future Locust Street right of way; and f. Whether the applicant is required to agree to dedicate right of way and construct frontage improvements in the future along the site's Locust Street frontage. • • 4. In this final order, the hearings officer approves the conditional use permit based on the findings and conclusions provided and incorporated herein and subject to conditions at the end of this final order. B. HEARING AND RECORD HIGHLIGHTS 1. The hearings officer received testimony at the public hearing about this application on November 8, 2004. All exhibits and records of testimony are filed with the Tigard Department of Community Development. 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 testimony offered at the public hearing in this matter. 2. City planner Morgan Tracy summarized the Staff Report to the Hearings Officer dated November 5, 2004 (the "Staff Report"). a. He requested the hearings officer modify condition of approval 6.A to require that the applicant construct a combination sidewalk and planter strip that is at least 14 feet wide along the site's Locust Street frontage. b. He noted that the Code does not require screening where a use is separated from other uses by a street. TDC 18.745.050.A(2). However the conditional use criteria authorize the hearings officer to require additional screening "if deemed necessary." Other schools have provided slatted cyclone fences to screen the school from adjacent uses. He opined that the hearings officer could waive the screening requirement if the applicant provided statements from adjacent residents stating that they do not want such screening. c. He testified that the Code requires that the applicant dedicate additional right of way along the site's Locust Street frontage. The City must deny the application if the applicant refuses to dedicate the required right of way, even though the cost of the dedication is disproportionate to the impact of the proposed development. The existing school, tax lot 100, is part of the current application, because the applicant proposed to modify the existing conditional use approval as part of this development. Therefore the City has authority to require that the applicant dedicate right of way and construct a sidewalk along the site's entire Locust Street frontage. d. He opined that the applicant should be permitted to retain the existing six- foot curb tight sidewalk along Locust Street. The applicant could create an 8-foot planter strip behind the sidewalk to meet code requirements. This would eliminate the need to relocate existing underground utilities. e. He noted that the applicant could request an adjustment to reduce the required 20-root setback for the oacxstop structure to 15 feet. 3. Ed Murphy and Greg Philo testified for the applicant. a. Mr. Murphy summarized the proposed development. He accepted the findings and conditions of approval in the Staff Report with certain exceptions. i. He objected to the conditions of approval requiring that the applicant dedicate right of way and construct frontage improvements along the site's Locust Street frontage. Locust Street is fully improved as a two-lane collector street. CUP 2004-00006 Hearings Officer Final Order (Metzger Elementary Ball Field) Page 2 0 0 (A) He objected to conditions requiring the applicant to construct certain frontage improvements along the site's entire Locust Street frontage, because the current development is limited to the three recently acquired lots. (B) He noted that Locust and Lincoln Streets are both designated collector streets. However the conditions of approval require that the applicant dedicate 13.5 feet more right of way for Locust Street than the City required for Lincoln Street. Although Locust Street is planned for extension, it is unlikely to occur in the foreseeable future. The majority of properties along Locust Street are fully developed and unlikely to redevelop and dedicate additional right of way. (C) He argued that the required right of way dedication will significantly impact the proposed development, because there is insufficient area on the site to allow the applicant to relocate the proposed ball field backstop to comply with setback requirements from the new right of way. (D) He argued that the cost of the required right of way dedication and improvements exceeds the impact of the proposed development. The proposed ball field will not generate any additional vehicle trips on Locust Street. To the contrary, the proposed development removed three existing homes that accessed Locust, reducing the total number of vehicle trips on Locust Street. The proposed development will improve traffic operations by eliminating three existing driveways on Locust Street. ii. He objected to condition of approval 7, which requires that the applicant record a restrictive covenant agreeing to participate in a future Local Improvement District ("LID") for construction of road improvements on Locust Street. He argued that the condition requires that the applicant "sign a blank check" for future road improvements abutting the site. The cost of such improvements will be disproportionate to the traffic impact of the proposed development. iii. He argued that the applicant should not be required to provide a planter strip between the street and the sidewalk. TDC 18.810.070.C allows an exception to the planter strip requirements where curbside sidewalks already exist on predominant portions of the street or where it would conflict with utilities or natural features, such as large trees. The applicant proposed to provide an 8-foot planter strip behind the 6-foot sidewalk on Locust Street. In this case, the majority of Locust Street is currently improved with 6-foot curb-tight sidewalks. The applicant proposed to match the existing improvements along the site's frontage. The applicant would have to relocate the existing sidewalk and a number of underground utilities to construct the required frontage improvements. Construction of a new sidewalk would also impact several large trees on the site that the applicant proposed to retain. iv. He requested the hearings officer delete condition of approval 10, which requires that the applicant install a six-foot high chain link fence with slats to screen the site from surrounding properties. The Code does not require a fence or screening in this case, because the school is separated from surrounding properties by a street. In addition, the buffer matrix, Table 18.745.1, does not require screening for schools. Screening would limit the school's "visual integration" with the surrounding neighborhood. The applicant intends to install a cyclone fence around the site at this time, but it may decide to remove the fence in the future. v. He requested the hearings officer hold the record open to allow an opportunity to submit additional testimony and evidence into the record. CUP 2004-00006 Hearings Officer Final Order (Metzger Elementary Ball Field) Page 3 b. Mr. Philo submitted photographs of the existing street improvements on Locust Street on and near the site. 4. At the end of the hearing, the hearings officer ordered the public record held open for two weeks for the applicant to introduce new evidence and testimony. The hearings officer ordered the record held open for a third week for the public and City staff to respond to the testimony at the hearing and the new evidence the applicant submitted. The hearings officer held the record open for a fourth week for the applicant to submit a closing argument. The record in this case closed at 5 PM on December 6, 2004.1 C. DISCUSSION 1. City staff provided basic facts about the site and its vicinity and existing and proposed uses in the Staff Report. Ultimately they recommended that the hearings officer approve the application for the conditional use permit. The applicant accepted most of the findings and recommended conditions with the exceptions described more below. 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. Regarding the conditional use permit, substantial evidence in the record shows that the proposed use does or can comply with the applicable standards for a conditional use permit. That evidence and those findings were not rebutted. The hearings officer relies on the Staff Report for relevant findings and citation to supporting evidence on these issues. 3. The hearings officer finds that the existing school on tax lot 100 is part of the "site" for purposes of this application. In this application the applicant requested approval of the ball field on tax lots 202, 203 and 204 and a modification of the prior CUP approval for Metzger Elementary School on tax lot 100 to eliminate the screening and buffer requirements. Whether the applicant could have filed separate applications for construction of the ball field and modification of the existing CUP is irrelevant. The applicant filed a single application affecting all four tax lots. Therefore the "site" for purposes of this application includes all four tax lots and the City can impose additional conditions on tax lot 100, provided such conditions are permitted by the Code and constitutional limitations. 4. The hearings officer further finds that the issue of whether tax lot 100 is part of the "site" is largely moot. The City revised the proposed conditions of approval to eliminate most of the frontage improvement requirements. See the November 29, 2004 Memorandum from Mr. Tracy to the hearings officer (the "Memorandum"). The applicant largely accepted the revised conditions. See the December 5, 2004 letter from Mr. Murphy to the hearings officer. 5. TDC 18.810.070.C generally requires a planter strip between the curb and sidewalk. However this section provides an exception: 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 I While the record was held open the applicant requested that the hearings officer delay issuing a decision until January 3, 2005 to allow School District staff an opportunity to review the decision after they return from the winter break. The applicant agreed to toll the 120-day clock for that purpose. CUP 2004-00006 Hearings Officer Final Order (Metzger Elementary Ball Field) Page 4 located as required, or where there are existing structures in close proximity to the street (15 feet or less) The hearings officer agrees with the applicant and staff that an exception is warranted in this case, because curbside sidewalks already exist on predominant portions of the street, and relocation of the existing sidewalk would conflict with existing utilities and potentially impact existing natural features (large trees) on the site. The applicant should be required to replace the existing driveway aprons with a 6-foot sidewalk as proposed. Conditions of approval 4 and 6 should be modified to that effect. 6. There is a dispute about whether the applicant is required to provide fencing and screening around the perimeter of the site. TDC 18.745.050 sets out the buffering and screening requirements, specifically Table 18.745.1. Schools are not listed in the Table. However schools are only permitted in the R-4.5 zone as a conditional use. Therefore TDC 18.330.0303 authorizes the hearings officer to require additional screening and buffering where necessary to ensure that the use is compatible with surrounding uses. a. The hearings officer finds that a fence is warranted along the perimeter of the site to prevent balls and other play equipment or children from straying into the street. The applicant proposed to construct a 6-foot high cyclone fence, along the site's Locust Street frontage consistent with the existing fences on the site. Conditions of approval 10 and 11 should be modified to that effect. b. The hearings officer further finds that additional screening (slats in the fence) is not warranted in this case, because the school is site is separated from adjacent uses by the open playfields and intervening streets. 7. TDC 18.810.030.A requires that the applicant dedicate right of way and construct half-width improvements to current City standards on streets abutting the site. SW Locust Street abutting the site is designated a major collector in the Washington Square Regional Center Plan (the "Plan"). The Plan requires a minimum 95-foot right of way for most major collector streets. However as staff and the applicant point out, the Washington Square Regional Center Phase II Implementation Program (hereafter " the Program" ) identifies a modified design for the section of SW Locust Street between SW Greenburg and SW Hall (which includes the section of road abutting the site). Unfortunately neither the Plan nor the Program specifies a cross-section for the modified street design. Staff note that the Code requires a 70- to 74-foot right of way for a three-lane collector street. Therefore the hearings officer finds that the existing 70-foot right of way is sufficient to comply with the modified design required for this street section. No additional right of way is required. The second paragraph of condition of approval 5 should be deleted. 8. Staff argued that the applicant should be required to locate the baseball backstop structure an additional 17.5 feet from the existing right of way (a total 37.5-foot setback) to accommnrlate fntnra rnnrl imnrnvamante Qtnff nronarl that the nrnnnePri harlretnn will 6- located within 2.5 feet of the future right of way. Therefore the additional setback is warranted to ensure the safety of school children on the site. TDC 18.330.030.B authorizes the hearings officer to impose conditions of approval, including requiring additional setbacks, where necessary to minimize the impact of the proposed use on public facilities. a. The hearings officer finds that additional setbacks are not warranted in this case, because the proposed backstop and play fields will not impact the existing or future public facilities planned for this area. CUP 2004-00006 Hearings Officer Final Order (Metzger Elementary Ball Field) Page 5 • 0 i. There is no substantial evidence that the section of Locust Street abutting the site will be widened to a 95-foot right of way. As discussed above, the Program specifies a modified, three-lane, design for this road section, which is likely to require less right of way width. There is no reason to require that the applicant relocate the backstop based on speculative future improvements. ii. In addition, the backstop will be separated from the right of way by the minimum 6-foot high cyclone fence required by condition of approval 10. The hearings officer finds that the fence will prevent children from straying onto the right of way. Additional setbacks are not warranted to ensure the safety of children playing on the site. iii. If necessary, the backstop can be relocated in the future to accommodate road improvements. Therefore the hearings officer finds that recommended condition of approval 15 in the Memorandum should be deleted. 9. TDC 18.810.030.A(3) requires that the applicant dedicate right of way and construct half-street improvements along the site's Locust Street frontage. However the requirements must be "directly related to and roughly proportional to the impact of the development." TDC 18.810.020.A.2 The City Engineer may accept a future improvements guarantee in lieu of street improvements in certain circumstances "if the City could and would otherwise require the applicant to provide [the improvements]." TDC 18.810.030.A(5). (Emphasis added). a. The City determined that the circumstances listed in TDC 18.810.030.A(5) exist in this case. Therefore condition of approval 7 requires that the applicant agree to construct frontage improvements in the future after the cross freeway connections specified in the Washington Square Regional Center Implementation Program are completed and certain other events occur. However there is no substantial evidence that the cost of the required improvements is "directly related to and roughly proportional to the impact of the development." TDC 18.810.020.A and Dolan. b. The hearings officer finds the condition of approval 7 is subject to review under Dolan, based on the following. i. A waiver of the right to remonstrate against the formation of a Local Improvement District ("LID") is not subject to Dolan analysis, because the waiver, by itself, does not result in a loss of property. McClure v. City of Springfield, 39 Or LUBA 329, aff'd 175 Or App 425, 28 P3d 1222 (2001), rev den 334 Or App 327 (2002). However the hearings officer finds that condition of approval 7 requires more than a waiver of remonstrance. The condition requires that the applicant actually build the improvements in the future, not merely waive its right to remonstrance against the formation of a LID. Therefore the hearings officer finds that the condition is subject to Dolan analysis. ii. The Dolan rough proportionality analysis does not apply to actions "taken pursuant to a legislatively adopted scheme that applies to a broad class of property and [that do not involve] the exercise of discretion [or] adjudication to determine whether and how a government regulation applies to particular property" and that do not 2 TDC 18.810.020 reflects the holding of the US Supreme Court's opinion in Dolan v. City of Tigard, 114 S.Ct. 2309, 129 L.Ed.2d 304 (1994). CUP 2004-00006 Hearings Officer Final Order (Metzger Elementary Ball Field) Page 6 • • require dedication of property to public use. Dudek v. Umatilla City, 187 Or. App. 504, 510 and 513, 69 P.3d 751 (2003). iii. In this case the hearings officer finds that TDC 18.810.030.A(3) is "a legislatively adopted scheme that applies to a broad class of property..." Dudek at 510. However the application of the standard to this site involves the exercise of significant discretion, because the City must determine the particular roadway design that applies to this street section. In addition, compliance with the condition may require the dedication of additional right of way, depending on the ultimate street design the City selects. Therefore the hearings officer finds that condition of approval 7 is subject to Dolan's heightened scrutiny test. c. The hearings officer finds that the City failed to bear the burden of proof that condition of approval 7 complies with TDC 18.810.020.A and Dolan. i. The hearings officer finds that the City demonstrated an essential nexus exists between the impacts of the proposed ball field and the required improvements. The proposed use will generate some additional vehicular and pedestrian traffic in the area, increasing the need for roads and sidewalks. Children, parents and other spectators will travel to and from the site to participate in or watch games, practices and other activities on the proposed ball field. Construction of frontage improvements on the site's Locust Street frontage will alleviate the impacts of that additional traffic to some extent. Therefore there is a nexus between the required improvements and the impacts of the use. ii. However the hearings officer further finds that the City failed to meet its burden of proof that the cost of potential right of way dedication and construction of frontage improvements now or in the future is roughly proportional to the impact of the development. The proposed ball field, located at an existing school, is unlikely to generate a significant volume of additional traffic. The City failed to provide any evidence comparing the cost of right of way dedication and frontage improvements to the impact of the development. The City has not identified a specific street cross-section for Locust Street. The choice of a particular street design may have a significant impact on the cost of frontage improvements. Condition of approval 7 essentially requires that the applicant agree to write a "blank check" to the City, agreeing to dedicate right of way and pay for unspecified road improvements at some time in the future. Therefore the hearings officer finds that the City failed to bear the burden of proof that the cost of the required improvements is roughly proportional to the impacts of the proposed ball field. should be deleted. iii. Therefore the hearings officer finds that conditions of approval 7 D. CONCLUSIONS The hearings officer concludes that the proposed conditional use permit does or can comply with the applicable approval criteria and standards of the Tigard Community Development Code, provided development that occurs after this decision complies with applicable local, state, and federal laws and with conditions of approval warranted to ensure such compliance occurs. E. DECISION The hearings officer hereby approves CUP 200400006 (Metzger Elementary Ball Field) as described herein, subject to the following conditions of approval: CUP 2004-00006 Hearings Officer Final Order (Metzger Elementary Ball Field) Page 7 0 • CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF THE SITE AND/OR PFI PERMITS: Submit to the Planning Department (Morgan Tracy, 639-4171, ext. 2428) for review and approval: 1. Prior to the issuance of building permits, the applicant shall submit a revised landscape plan that indicates 2- /2 inch caliper size street trees planted 28 feet on center along SW Locust. 2. Prior to site work, the applicant shall provide the City Arborist with a construction sequence including installation and removal of tree protection devices, clearing, grading, and paving. 3. Prior to site work, the applicant shall notify the City Arborist when tree protection measures are in place so that he may verify that the measures will function properly prior to construction. Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval: 4. Prior to issuance of a site permit, a Public Facility Improvement (PFI) permit is required for this project to cover street trees, sidewalk and any other work in the public right-of-way. Three (3) sets of detailed public improvement plans shall be submitted for review to the Engineering Department. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement (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.ci.tieard.or.us). 5. The PFI permit plan submittal shall include the exact legal name, address and telephone number of the individual or corporate entity who will be designated as the " Permittee" , and who will provide the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partners hipp, LLC, etc. Also specify the state within which the entity is incorporated and rovide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. 6. The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility Improvement permit, indicating that they will construct the following frontage improvements along SW Locust Street as a part of this project: A. Reconstructed sidewalk where driveway aprons on SW Locust are presently located: B. Street trees in the planter strip spaced per TDC requirements; and C. Streetlight layout by applicant's engineer, to be approved by City Engineer. 7. An erosion control plan shall be provided as part of the Public Facility Improvement (PFI) permit drawings. The plan shall conform to the "Erosion Prevention and Sediment Control Design and Planning Manual, February 2003 edition." 8. A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of all lots, and show that they will be graded to insure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering Department. For situations where the back portions of lots drain away from a street and toward adjacent lots, CUP 2004-00006 Hearings Officer Final Order (Metzger Elementary Ball Field) Page 8 appropriate private storm drainage lines shall be provided to sufficiently contain and convey runoff from each lot. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO USE OF THE PLAYFIELDS: Submit to the Planning Department (Morgan Tracy, 639-4171, ext. 2428) for review and approval: 9. Prior to their use, the playfields shall be fenced from SW Locust Street with a minimum 6-foot tall cyclone fence or equivalent fence design approved by the City. 10. Prior to placing the required fencing along SW Locust Street, the applicant shall ensure that adequate sight distance and vision clearance requirements are maintained. 11. Prior to placement of any signs on site, the applicant shall apply for a sign permit and supply staff with the appropriate plans to verify compliance with TDC Chapter 18.780 Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval: 12. Prior to a final inspection, the applicant shall complete the required public improvements, obtain conditional acceptance from the City, and provide a one-year maintenance assurance for said improvements. 13. Prior to final inspection, the applicant shall provide the City with as-built drawings of the public improvements as follows: 1) 3 mil miylar, 2) a diskette 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. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). FAILURE TO SATISFY THE CONDITIONS OF APPROVAL WITHIN 18 MONTHS OF THE EFFECTIVE DATE OF THE HEARINGS OFFICER'S DECISION SHALL RENDER THE HEARINGS OFFICER'S DECISION VOID. DATED this 3rd day of January, 2005. ~ oe'Turner, l sq., AICP' City of Tigard Land Use Hearings Officer CUP 2004-00006 Hearings Officer Final Order (Metzger Elementary Ball Field) Page 9 • "TAB A" • Testimony Received at the Public Hearing. 9 • From: "Patty Lunsford" <PATTY@ci.tigard.or.us> Subject: Fwd: Re: Hi Ed, Date: December 8, 2004 8:40:08 AM PST To: jtpc@qwest.net Cc: "Morgan Tracy" <Morgan@ci.tigard.or.us> Per the applicant's request, I am forwarding this email to you for clarification pertaining to his closing arguments dated December 5, 2004. Thanks Joe! Patricia Lunsford, Planning Secretary City of Tigard, Oregon (503) 639-4171, ext. 2438 patty@ci.tigard.or.us From: Ejmurphy@aol.com Date: December 7, 2004 9:30:21 PM PST To: PATTY@ci.tigard.or.us Subject: Re: Hil Ed, Thanks Patty. By the way, in my letter to Joe Turner, on the last page, last sentence under "Future Improvement Guarantee," I said we requested that he NOT eliminate condition of approval V. Of course, I meant to say that we are requesting that he eliminate condition of approval V. Whoops. Mr. Turner will probably see that it is obviously a mistake, but if you don't mind, would you forward this e-mail to him? Thanks Patty. Ed Murphy 503-624-4625 Patty Lunsford - Re: Metzger II - request Delay ~ Page 1 From: "Joe Turner" <jtpc@qwest.net> To: "Patty Lunsford" <PATTY@ci.tigard.or.us> Date: Monday, December 06, 2004 2:46:52 PM Subject: Re: Metzger II - request for delay Thanks Patty. For the record, I will delay issuing my decision until January 3, 2005, pursuant to the applicant's request. I will send you a signed copy of the decision dated January 3, 2005 on or before that date. Joe On Dec 6, 2004, at 2:35 PM, Patty Lunsford wrote: > Correct, the applicant is only requesting approval to delay issuing > the decision. In regard to your signature stamp, No I do not have > one, just let me know what you want me to do. > Patricia Lunsford, Planning Secretary > City of Tigard, Oregon > (503) 639-4171, ext. 2438 > patty@ci.tigard.or.us > "Joe Turner' <jtpc@gwest.net> 12/6/04 1:59:50 PM > Just to make sure I have this straight, the applicant is NOT requesting > additional time to submit their final argument. The applicant submitted > their final argument and the record is closed. The applicant is only > asking that I delay ISSUING the decision until January 3, 2005. The > applicant agreed to toll the 120-day clock for that purpose. > If my summary of the request is correct, then sure. I am happy to have > additional time in which to write the decision. > Do you have my signature stamp? If so, I may send the decision to the > City before the January 3 deadline, but you could delay printing it and > stamping it with my signature until after January 3. 1 may send it > early, because I am leaving for vacation on January 7 and I don't want > this one to get lost in the shuffle. But you can delay "issuing" it > until January 3. > Thanks > Joe > On Dec 6, 2004, at 1:46 PM, Patty Lunsford wrote: > > <Applicant's Closing Arguments.pdf> I' Patty Lunsford - Metzger II -request for * 0 From: <Ejmurphy@aol.com> To: <PATTY@ci.tigard.or.us> Date: Monday, December 06, 2004 9:20:51 AM Subject: Metzger II - request for delay Hi Patty. As we discussed, we would like the Hearings Officer to delay his decision on the Metzger Ball Fields CUP application until after the Christmas Holidays. If Mr. Turner could postpone his decision until January 3rd instead of December 22, that would be great. The reason for the request is because many school officials will be taking time off from work before and after Christmas, and may not be able to review the decision. The District will "toll the clock", i.e., extend the 120-day review period, by the extra number of days that the decision is postponed because of the District's request for the additional time. Please confirm with Mr. Turner that he will extend the time, and then notify me of the same. Thanks Patty. Ed Murphy 503-314-0677 Page 1 AD MURPHY & A.sSOCIATEs Land Use Planning and Development Services RECEIVED PLANNING December 5, 2004 Joe Turner Hearings Officer City of Tigard 13125 SW Hall Blvd. Tigard, Oregon 97223 RE: Closing arguments, Metzger Elementary School II CUP application Dear Mr. Turner: DEC 0 0 2004 CITY OF TIGARD This letter presents our closing arguments on the Metzger Elementary School Conditional Use Permit application for the expansion of the ball fields. We previously submitted written testimony in a letter dated November 22, 2004. The staff has responded to that letter in a memo to you dated November 29, 2004. APPLICABILITY OF CUP REVIEW Mr. Morgan raises a good point in stating that, if modifications to an approved tree plan are involved, a new public land use review would be required. However, in this case, it does not appear that the tree plan approved in CUP 2003-00003 was modified. Further, while it is true that a chain link fence with screening was required as a condition of the Metzger Elementary School CUP, that condition could have been easily changed through a simple minor modification process. That is, there were no conditions of approval for the Metzger CUP that really needed to be changed as part of the ball fields CUP application, and therefore there is no reason why the Metzger CUP on tax lot 100 needed to be re-opened. While it may have be very logical and efficient to include tax lot 100 and re-open the previous land use decision in order to amend any conditions of approval that were obviously no longer pertinent (since the three houses were removed), there is no justification to use that reopening as a means to require additional right-of-way dedication, street improvements, additional setbacks, fencing, screening and other improvements that were not required in the "old" CUP. Having said that, because the staff has amended its recommendations on the right-of-way dedication and other exactions for tax lot 100, perhaps the issue of whether tax lot 100 is part of the current application is now a moot point. RIGHT-OF-WAY DEDICATION ON SW LOCUST We agree with staff's conclusion that the existing right-of-way is adequate for a three-lane collector street, and commend staff for recognizing this. We agree with staff's recommended changes to Condition #5. 9875 SW Murdock St. Tigard, Oregon 97224 ®Phone 503. 624.4625 ®Cellular 503. 3i4.o677 ®Fax 503. g68.i674 Metzger Elementary CUP I/ However, we disagree with staffs recommendation that a new Condition #15 be added that would require an additional 17.5-foot setback from the existing right-of-way, for a total of a 37.5-foot side yard setback requirement. Note that, according to the site plan, the backstop will be located approximately 23 feet from the existing right-of-way. It would have to be moved over 14 feet further to the south to accommodate the proposed setback. This is four feet more than it would have had to be moved under the initial staff recommendation (37.5' in the new staff recommendation versus 33.5' in the previous recommendation). Even though the staff is no longer recommending dedication of right-of-way, the impact of this expansive setback would impose substantial hardship on the District and there is no justification for it. There is no substantial evidence in the record to support the setback requirement. As we noted in our letter of November 22, 2004, the school site is already constrained, and moving the backstop further southward would make providing the recreational area for the children very difficult. Further, the proposed setback is both unnecessary and non-sensible. The District is only proposing to install a baseball backstop, which will be set back about 23 feet away from the existing right-of-way. They are not proposing to build a school building there. (Any new building would be subject to a new conditional use permit anyway). But because of the possibility that SW Locust Street may be widened someday in the distant future (once cross- freeway connections are built), and because of the possibility that if Locust is widened it may be improved to a standard that includes wide planter strips and sidewalks, a landscaped median, bike lanes, and four lanes of travel,' staff is requesting that the current utility of the site be drastically reduced by imposing a 37.5' setback on a backstop. The cost to relocate or remove the backstop someday in the future, if it ever becomes necessary, will be minimal. If the City ever has the funds to build cross-freeway connections and widen SW Locust Street to the standard specified in the Washington Square Plan, then it would certainly have enough money to pay for moving the backstop when it acquires the land it needs, should that really be necessary. In the event that the widening of SW Locust Street is ever funded and constructed as planned, the backstop can easily and inexpensively be moved at that point. The point is, the burden of the 37.5' setback to the District is immediate, substantial and real. The potential cost to the City of having to pay for moving the backstop is speculative, minimal, and may be based on little more than wishful thinking. There is no substantial evidence in the record to justify such a draconian setback that substantially impairs the present utility of the property, all to avoid a minimal future cost of having to remove or relocate a backstop in the event that a currently unfunded road project somehow gets funded and built within the next 10, 15, 20 or more years. The School District strenuously opposes the staff recommendation for a 37.5-foot setback, and urges you not to impose the recommended condition of approval #15. 1 We would note that staffs additional setback recommendation is based on staffs speculation about which street cross-section might be appropriate for any future expansion of Locust. This speculation is unstable ground for supporting a condition of approval that has such a substantial and adverse impact on the .District's use of its property for the foreseeable future. edmurphy&associateslUsd/metzgerll/turnerletter2/12/05/04 Page 2 Metzger Elementary CUP II FUTURE IMPROVEMENT GUARANTEE We have already made our arguments against signing a restrictive covenant agreeing to participate in future improvements to SW Locust Street. The language staff suggests adding to recommended condition of approval #7 clarifies that such participation would not be expected until the cross freeway connections are made. But staff seems to miss the central point of our argument, which is that the requirement to execute such an agreement is not justified based on the fact that the proposed development will have NO adverse impact on SW Locust Street, and in fact, will have a positive impact. There is no substantial evidence in the record to support such a condition of approval. We do not believe that staff needs to be overly concerned about establishing a precedent that would enable future developments to circumvent the obligations of the Regional Center Plan. Most proposed developments will have transportation impacts, where it makes sense to impose a requirement to make improvements to the transportation system, either presently or in the future. The District's proposed development does not. That is the difference. We still request that you not eliminate recommended condition of approval #7. SIDEWALK WIDTH AND PLANTER STRIPS. We agree with the staff's revised recommended conditions of approval #4 and #6. We think this is a reasonable and sensible street improvement. As the site plan indicates, by the way, the District intends to plant new street trees along the entire frontage of SW Locust Street, so the end result will be a much-improved street section. SCREENING. We agree with the staff's revised recommended conditions of approval #10 and #11. While we are not convinced that the City needs to require the School District to construct fencing around its play fields, we are pleased to see that the staff is no longer recommending a condition that would require a chain link fence with slats for screening. As shown on the site plan, the District plans to install a 6'-high chain link fence. We want to express our appreciation to the staff for their positive response to our previous comments, and for the changes they made in their recommended conditions of approval. Thank-you for your consideration of these comments. Sinc ely, e__~X__11 L~ Ed Murphy, ICP CC. Morgan Tracy, Associate Planner, City of Tigard Greg Philo, Project Manager, Cornerstone Construction Management Xaivier Rueda, Selig/Lee/Rueda Architects Stephen Poage, Tigard-Tualatin School District edmurphy&associateslttsWmetzgerll/turnerletter2//2105104 Page 3 CITY OF TIOARD Community (Development ShapingA Better Community MEMORANDUM CITY OF TIGARD, OREGON 13125 SW Hall Boulevard Tigard, Oregon 97223 (503) 639-4171 Fax 684-7297 TO: Joe Turner, City of Tigard Hearings O Icer FROM: Morgan Tracy, Associate Planner ~i DATE: November 29, 2004 SUBJECT: Metzger Elementary Play Field Expansion Following the close of the public hearing on November 8, 2004, the record was left open for two week to allow the applicant, Ed Murphy, to submit additional written testimony. At issue was the City's requirement for additional right of way, completion of limited street improvements as well as the requirement for screening along SW Locust Street. Mr. Murphy submitted his letter on November 22 (attached). The City was then given seven days to provide a written response. APPLICABILITY OF CUP REVIEW Mr. Murphy begins his letter by noting that the Conditional Use application is limited to the three residential tax lots that were not part of the recent school reconstruction conditional use approval (CUP 2003-00003). The City expressly rejects this argument. The conditional use approval for the Metzger Elementary School required buffering and screening along the three residential properties: "The applicant is proposing new chain link fencing with slats along the rear property lines of three houses that are located along SW Locust. Chain link fencing is an acceptable material provided it adequately screens the use from adjacent single-family homes. This criterion can be satisfied." Staff Report, pg.9 Additionally, a tree plan was approved for this application. Following LUBA's Final Order 2003-1331, modifications of an approved tree plan require a new public land use review Miller, et al v. City of Tigard, in part; "The tree plan must identify trees that will be saved and trees that will be removed. The tree plan must include a protection program to protect trees during construction and after construction. If trees that the tree plan proposes to save are later removed, removal of such trees constitutes 11/29/2004 Public Hearing - Memo to the Hearings Officer Page 1 of 6 RE: CUP2004-00006/Metzger Elementary Ballfield Expansion • 0 In order to make these revisions to the approved site plan, the applicant was obligated to include Tax Lot 100. While the applicant alleges that Tax Lot 100 is not a part of the application, the result would be that the trees bordering the former residential properties must remain, and the buffer and fencing that were required as part of the previous approval will be required to be installed. Consequently, the site plan that was submitted with the present application could not be constructed as shown. To modify the previous approval as reflected in the current site plans, all four tax lots (1S135AB00202, 203, 204 and tax lot 100) are part of this application review. RIGHT OF WAY DEDICATION ON SW LOCUST Mr. Murphy notes that the Washington Square Regional Center Plan (hereafter "the Plane,,) does not specify how much right of way is required for SW Locust, but alludes to the requirements found in Tigard Development Code (TDC) 18.810.030. The Washington Square Regional Center area has adopted specific design standards, street classifications, right of way requirements, and distinct street cross sections. These requirements were adopted into the Development Code on March 28, 2002 and incorporated by reference into the City's Transportation System Plan, which was adopted October 10, 2002. Staff initially stated that SW Locust is a minor collector, but upon closer evaluation, notes that it is actually designated a major collector in the Plan (pg.43). The right of way required for a Major Collector is shown on page 49 of the Plan: t v~Jos o~ahns K' I I I I4' I4' I 12, I ' S• I u. I I 1 . I 1 1 1 Parking and shade trees create a bi ffer for pedestrians on typical streets designated minor collectors. vzi:m IS' I S' I I I' I I I' I I I' I 11' I II' I I IS' Sidewalks, median strips and plantings make typical streets designated major collectors more comfortable and convenient for pedestrians. The SW Locust right of way is presently 70 feet wide with an offset centerline. There is 30 feet of right of way on the south side (bordering the school), with 40 feet on the north. The Plan shows SW Locust Street as a Major Collector (diagram on the right) with 15' combined sidewalk and planter areas on each side/two 5' wide bike lanes/four 11' travel lanes/ and an 11' wide median turn lane. The total right of way width is 95 feet, or 47.5 feet from centerline. With the 30 feet already present, to meet the ultimate planned width for Locust, the school would be required to dedicate 17.5 feet of right of way. It should be noted that the staff report erroneously states that Locust is a "minor collector" with 43.5 feet of right of way required from centerline, or an additional dedication requirement of 13.5 feet. a violation of the TRO. In that event, the city may impose a fine and require mitigation for the removal of a tree that the tree plan proposed to save." 2 The full text of the Washington Square Regional Center Plan can be viewed at htto://www.Ci.tioard.or.us/city hall/deoartments/cd/docs/wash.odf 11/29/2004 Public Hearing - Memo to the Hearings Officer Page 2 of 6 RE: CUP2004-00006/Metzger Elementary Ballfield Expansion 0 0 However, Mr. Murphy correctly notes that the Washington Square Regional Center Phase II Implementation Program (hereafter "the Programs,,) identifies that a modified design for Locust between SW Greenburg and SW Hall be provided with a three lane street section. Moreover, the Plan states "To help traffic move more freely once crossfreeway connections are built, the task force recommends improvements to [the Locust/Lincoln/Oak Street System]. The intent is to distribute east/west traffic between Locust and Oak Streets and improve accessibility to the Lincoln Center commercial district." (emphasis added). These cross freeway connections are not yet in place, nor has funding been allocated to construct them. In consideration of this fact, staff finds that a modified street section may be appropriate in this case, and more importantly is authorized by the Plan and Program, and thus the TSP and most significantly the Development Code. The question remains, what modified section is appropriate. As Mr. Murphy correctly notes, while the Program identifies the desired street function, it does not specify a cross section to utilize. Staff examined alternative right of way cross sections that provide for three lanes, and finds that a three lane collector, as dimensioned in TDC 18.810.030 is an appropriate interim standard for this segment of SW Locust until such time that cross freeway connections are built. As such, 70 feet is adequate right of way for the street. _ y'1 Gr , 5 6,8' . 5.5'. 6'8ke 12' VILad in/ Tum Lars & I ke . 55 , 6-8' RtW 7(Y-74' 3 Lane 70'44' RNV However, in light of future anticipated improvements to Locust, it is reasonably foreseeable that the street will be widened, and structures such as a back stop placed as close as 2.5 feet from the edge of the future right of way would constitute a safety hazard. As noted in the Staff Report, the setback specified for Schools in TDC 18.330.030.8.3. authorizes the Hearings Officer to impose additional conditions of approval including increased setbacks. Staff recommends that the Hearings Officer require this additional setback in consideration of the future street improvements and potential impacts to safety of school children of having the future street so close to structures such as backstops. Staff recommends that Condition Number 5 be amended: 5. The PFI permit plan submittal shall include the exact legal name, address and telephone number of the individual or corporate entity who will be designated as the "Permittee", and who will provide the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited 3 The full text of the Washington Square Phase II Implementation Program can be viewed at: htto://www.ci.tiaard.or.us/city hall/deoartments/cd/dots/FinalSummarvReport Consolidated. PDF 11/29/2004 Public Hearing - Memo to the Hearings Officer Page 3 of 6 RE: CUP2004-00006/Metzger Elementary Ballfield Expansion 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 Engineering Department will delay processing of project documents. Avenue and 90`" Avenue. The de6GFiPti9A shall be tied to the exi6tiRg Fight of way ~~i~il~hlo frnrn th° Cnninoorinn rlonarFmcR+ And a new Condition #15 be added: 15. An additional setback of 17.5 feet along SW Locust Street (total of 37.5 feet) for future right of way improvements will be required. No permanent structures, excepting fences, shall be located within this setback area. FUTURE IMPROVEMENT GUARANTEE Mr. Murphy is also objecting to the requirement for a future improvement guarantee which stipulates that the applicant participate in future street improvements when an LID is formed or a larger project for the street is being initiated. The Washington Square Regional Center standards in the development code state: "All new developments, including remodeling and renovation projects resulting in new non single family residential uses, are expected to contribute to the character and quality of the area. In addition to meeting the design standards described below and other development standards required by the Development and Building Codes, developments will be required to dedicate and improve public streets, connect to public facilities such as sanitary sewer, water and storm drainage, and participate in funding future transportation and public improvement projects necessary within the Washington Square Regional Center." (emphasis added). In light of the previous findings tied to right of way dedication, staff finds it appropriate to add clarification to the condition requiring the Restrictive Covenant, tying the improvements to the completion of cross freeway connections. But staff does not concede that the requirement for the future improvements can or should be waived. Such a waiver would violate the requirements of 18.810 and 18.630, as well as establish a precedent that would enable future developments to circumvent the obligations of the Regional Center. Staff recommends that Condition Number 7 be amended: 7. The applicant shall execute a Restrictive Covenant whereby they agree to complete or participate in the future improvements of SW Locust Street adjacent to the. subject property following completion of cross freeway connections as specified in the Washington Square Regional Center Implementation Program, when any of the following events occur: A. when the improvements are part of a larger project to be financed or paid for by the formation of a Local Improvement District, B. when the improvements are part of a larger project to be financed or paid for in whole or in part by the City or other public agency, C. when the improvements are part of a larger project to be constructed by a third party and involves the sharing of design and/or construction expenses by the third party owner(s) of property in addition to the subject property, or 11/29/2004 Public Hearing - Memo to the Hearings Officer Page 4 of 6 RE: CUP2004-00006/Metzger Elementary Ballfield Expansion D. when construction of the improvements is deemed to be appropriate by the City Engineer in conjunction with construction of improvements by others adjacent to the subject site. SIDEWALK WIDTH AND PLANTER STRIPS Mr. Murphy argues that the sidewalk width be left as is, excepting the three driveway drops which would be reconstructed on SW Locust to provide a uniform walking surface. The sidewalk is presently 6 feet wide, but as stipulated in the Washington Square Regional Center Plan, the required width for sidewalks and planter strips is 15 feet. However, as noted previously in this memorandum, an interim improvement standard is acceptable. This standard for three lane collectors requires a 6-8 foot wide sidewalk, where 6 feet is required in residential and industrial zones and 8 feet is required for commercial zones. The school is in an R-4.5 (residential) zone, so therefore a 6 foot sidewalk is adequate. Further, since predominant sections of the sidewalk are preexisting and since a future improvement to SW locust would require relocation of the sidewalk entirely, reconstructing the sidewalk with planter strips at this time is not warranted. Exceptions to this requirement are provided for in TDC 18.810.070.C. Therefore staff recommends that Condition Number 4 be modified as follows 4. Prior to issuance of a site permit, a Public Facility Improvement (PFI) permit is required for this project to cover pl°^* ip, street trees, and any other work in the public right-of-way. Three (3) sets of detailed public improvement plans shall be submitted for review to the Engineering Department. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement (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.ci.tioard.or.us). Additionally, Condition Number 6 likewise should be amended: 6. The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility Improvement permit, indicating that they will construct the following frontage improvements along SW Locust Street as a part of this project: A. ; A. Reconstructed sidewalk where driveway aprons on SW Locust are presently located. B. street trees in the planter strip spaced per TDC requirements; C. streetlight layout by applicant's engineer, to be approved by City Engineer; and D. driveway aprGn (if appIirabk-+. SCREENING Lastly, Mr. Murphy argues that screening along SW Locust Street is not required and should not be a condition of approval. Staff had intended that the screening along SW Locust be consistent with other screening along the perimeter of the school. Screening was previously required pursuant to TDC 18.745 to buffer the single family residences that occupied the three tax lots now included in the school site, but such screening is now an optional requirement of the Conditional Use Chapter (TDC 18.330.030.B.7) if conditions merit such mitigation measures. Staff finds that schools in the City typically are not screened when the buildings are buffered by large playfields from residential uses across street rights of way. However, fencing should still be required to reduce the potential for 11/29/2004 Public Hearing - Memo to the Hearings Officer Page 5 of 6 RE: CUP2004-00006/Metzger Elementary Ballfield Expansion • • play equipment as well as children from straying into the street. Therefore, staff would support amending Condition Numbers 10 and 11: 10. Prior to their use, the playfields shall be fenced from SW Locust Street with a minimum 6 foot tall fenc 11. Prior to placing the required srmen+nfencing along SW Locust Street, the applicant shall ensure that adequate sight distance and vision clearance requirements are maintained. In summary, staff believes that with the recommended amendments to the conditions of development approval, the proposed Conditional Use request satisfies the general approval criteria and standards of the Tigard Development Code. ATTACHMENTS: Attachment 1 -Washington Square Regional Center Plan - Excerpts Attachment 2 -Washington Square Regional Center Implementation Program - Excerpts Attachment 3 - Applicant's Written Testimony 11/29/2004 Public Hearing - Memo to the Hearings Officer Page 6 of 6 RE: CUP2004-00006/Metzger Elementary Ballfield Expansion 6. TRANSPORTATION SYSTEM PLAN Transportation is one of the major areas of empha- The challenge to regional center plan participants sis in regional planning. Perhaps there is no part of was to ensure access to this emerging regional cen- the region in which transportation plays a more criti- ter by all transportation modes. The task force cal role than in this section of Washington County. wanted to balance air quality issues, congestion con- fly ^'y R'q, ~ i I v 1 cam' r I u 1! 4 T l 4 e ' U. f f to ■ ato. , ~a Ir, ■<1i~! # 1 4 MALL wi ~a tEM~:-,5d St`aILANpo^~ $1 v t ~~~2+ s Sr ~ (,4,~'`,• 4. ;a,..~::, ~•i'~riliar`r~~ j~~rla~,s'e~~■;. ~.~.Ir. r~~i~i~i~'L`° 46. r v~ fry -d* a. s'~'® n t X SO R4E S! * ~ 1 ~t~+a s:'jia r - E.4'~ _ ln` ~:5 ~•~+i1L? `a' a d o• /lit G :M 4 al.u ..Y11@1. h1S~..ti11•; E U: C°d I i r rr aw rr r v ONOR C•::: i ITTCR Recommended Roadway Functional Classification m OVERALL DISTRICT IMPROVEMENTS • Development of a "Transit Access and Ac- tion Plan" in concert with Tri-Met. Im- proved transit service and a wider set of tran- sit options will be very important in helping the regional center grow without increasing traffic problems. The task force members iden- tified a menu of needs, including more frequent service on existing bus lines, more direct con- nections to other locations, creation of a com- muter rail line, transit center improvements, and i 1~ttl ~ , y'~,,~r w4♦a ~ i~ ~ t , ~1 A . der , 4,0 WASH 0IN 5QUARE " -.y )u l,u •.r t MAIL 511! N n n r..' m :m caa~a rM I. a i ' osrrsl AA 13 a. LUL~4'~ 51 i s tl4a Y~ a' :3A UN 5r ~ y ..IN ta Yr ti t^ 't a I S 7 ~ :3. tc ~ a~'t N E i.~; hl4 }F F 7tl . W(; ,,:AI:TAY - 1 ~ Pfb%15~1,4 OF 1;:-Y IJ271P krF41f; 114 1AIPJ[14 Recommended Motor Vehicle System Improvements M a WaGwru~Glnrlaa.um • A collector system at Oak-Lincoln-Locust. To help traffic move more freely once cross- freeway connections are built, the task force recommends improvements to this street sys- tem. The intent is to distribute east/west traf- fic between Locust and Oak Streets and im- prove accessibility to the Lincoln Center com- mercial district. It also would improve access to residential areas for bicyclists and pedestri- ans, as well as autos. The task force recom- mends that local governments apply traffic management techniques here to protect neighborhood streets (see discussion on dis- trict improvements). III yn~ Fa~f i 1 1 1 P 1 1 1 1 CITY •TIG..G 0 • Widening Hall Boulevard to three lanes be- tween Oleson Road and the southern bound- ary of the study area. Hall Boulevard is a state arterial roadway and a major travel corridor through the regional center. Upgrading this road- way will reduce cut-through traffic in surround- ing residential neighborhoods and will provide overall improvements in traffic flow throughout the area. In the short-term, pedestrian and bike improvements are needed. The task force recognizes that the Regional Transpor- tation Plan calls for expansion of Hall Boulevard to five lanes. However, the task force endorses an ex- pansion to three lanes while acquiring right of way for a five lane roadway. median 15' 5' I 11' 11' I 11' I 11' 11' 5' 15' 95' Parking and shade trees create a buffer for Sidewalks, median strips and plantings make typical pedestrians on typical streets designated minor streets designated major collectors more comfortable collectors. and convenient for pedestrians. • Conclusions and Recommendations • A#12 • The City of Beaverton and Tigard should coordinate with property owners to ensure that the proposed streetscape for this facility is consistent with the property owners' needs. The City of Beaverton has indicated that in the past, parking was a priority. SW Locust Street Modify between Hall Boulevard and Greenburg Road to include a three-lane section with parking, bike lanes, sidewalks and other streetscape improvements; maintain as a lower speed street. Conclusions and Recommendations • Improvements to this roadway should be consistent with the surrounding neighborhood land uses. The street should be planned to carry neighborhood and sub-regional trips at low travel speeds. • The surrounding neighbors would prefer that this street remain a neighborhood collector. • There would likely be diversion of traffic onto Oak Street. • Right-of-way may be required. • The facility has little influence on the future form and function of Highway 217. SW Oak Street Modify the roadway to provide a two-lane section with parking, bike lanes and sidewalk between SW Hall Boulevard and SW Lincoln Street. Conclusions and Recommendations • Coordination between Tigard and Washington County is required. • There is likely to be diversion of traffic onto Locust Street during construction. • Right-of-way may be required. Washington Square Internal Roads Build improvements to existing Washington Square Mall internal circulation roads to meet public street standards, with bike lanes and sidewalks. Conclusions and Recommendations • As Tigard does not have jurisdiction over these roadways, the City would either have to acquire the right-of-way, condition the improvements with further Mall development, or obtain cooperation from the property owners. • The roadways could be modified to public street standards easily. COMPARISON OF EXISTING AND PROPOSED ZONING, AND TRANSPORTATION IMPLICATIONS At the conclusion of the Washington Square Regional Center Plan, it was clear that a number of traffic-related questions needed to be addressed in the WSRC Implementation study, including Summary Report: Conclusions and Recommendations June 29, 2001 Washington Square Regional Center Implementation Page 19 November 22, 2004 Joe Turner Hearings Officer City of Tigard 13125 SW Hall Blvd. Tigard, Oregon 97223 RE: Metzger Elementary School II CUP application Dear Mr. Turner: NOV 2 2 200b CITY OF TIGARD BUILDING DIVISION This letter is to follow up from the November 8`h, 2004 hearing on the Metzger Elementary School Conditional Use Permit application for the expansion of the ball fields. At our request, you left the record open until 5:00 P.M., November 22"d As we stated at the hearing, we agree with most of the staff report findings and recommendations. We do have some disagreement in the following four areas: 1. Right-of-way dedication; 2. Sidewalk width; 3. Street widening improvements, even though deferred until a future date; 4. Screening. Keep in mind that our Conditional Use Permit application was only for constructing ball fields onto tax lots 1 S 13 5AB00202, 203 and 204. Tax lot 100, which contains the rest of the school facilities, is not part of this application. To promote good public relations, however, we included tax lot 100 in the calculation of the notice area for the application. The School District bought these parcels in order to create additional outdoor play space for the elementary school children. They removed the three houses that were on these properties, as well as the three driveways onto SW Locust Street. The school site will have no direct vehicular access to SW Locust Street. The three homes that were on this site would have each generated roughly 10 vehicle trips per day, or 30 vehicle trips per day all together, and because these homes had direct driveway access onto SW Locust Street, they would have created points of traffic conflict along the street. By converting these parcels into ball fields, the School District reduced the vehicular trips generated and eliminated all direct driveway accesses onto SW Locust Street between SW Lincoln Avenue and SW 90`" Street. The improvements planned will provide a safer pedestrian walkway along SW Locust Street, better visual access to the new school from SW Locust Street and the surrounding neighborhood, and of course, more publicly-owned, outdoor recreational space for entire community. 9875 SW Murdock St. Tigard, Oregon 97224 A • D MURPHY & AsS®CIATES Land Use Planning and Development Services, Rol Ekr: EV D Phone 503. 624.4625 ® Cellular 503. 314.0677 ®Fax 503. 968.1674 Metzger Elementary CUP II 1. Riaht-of-wav dedication. Proposed condition of approval #5 would require the School District to dedicate additional right-of-way along the frontage of SW Locust Street, increasing the right-of-way to 43.5 feet from centerline. From a purely practical standpoint, dedication of another 13.5 feet of right-of-way, plus the required 20' side yard setback from the new right-of- way line, would mean that the baseball backstop would have to be moved about 12 feet southward, toward the school building. Otherwise the backstop would be in the setback area, and as the staff states on page 19 (last sentence of first paragraph) "any future structures such as bleachers or backstops will need to meet the side yard setback of 20 feet".' The site is very tight already, as can be seen from the site plan. Even with a 25% adjustment to the required side yard setback, the backstop and baseball diamond would still have to be moved about 7 feet southward. From a public policy standpoint, the District finds the proposed requirement for right-of-way dedication troubling. By law, any requirement for dedication of right-of-way and improvements to the existing transportation facilities must be reasonably related to the proposed development (the "nexus" requirement), and roughly proportional to the projected impacts of that proposed development (the "rough proportionality" requirement).2 In this case, neither of those two prerequisites are met. There is no essential nexus, because this application will actually decrease traffic and conflict points on SW Locust Street. The subject CUP application includes no direct vehicular access from the Metzger School site to SW Locust Street upon completion of the ball fields. Similarly, there is no rough proportionality between the application's impacts and the proposed exaction, because of the decrease in vehicular trips and conflict points. The District also finds it troubling that the staff acknowledged at the hearing that the right-of- way dedication requirement is more than can be justified based on the development's projected impact. The staff report itself states on page 18, last paragraph, that there are no unmitigated impacts as a result of this development. Staff's position appears to be that, if the District refuses to voluntarily propose or at least concur with the requirement to dedicate the right-of-way, then the application should be denied. We do not believe a denial under these circumstances would be a legally defensible position for the City to take. Further, the City staff is recommending that the District dedicate the right-of-way along the entire frontage of SW Locust Street between SW Lincoln Avenue and SW 90th Avenue, even though the CUP application includes only a portion of this frontage. The three tax lots that are subject to this application together have only 250 feet of frontage out of the 450 feet of frontage between SW Lincoln Avenue and SW 90`h Avenue. The remaining frontage was subject to CUP 2003-00002 (the "Metzger CUP"), which has already been processed, is a final decision, and did not include any such dedication. The requirement for additional right-of-way is based upon the Washington Square Regional Plan, adopted in February 2000. That plan recommended that SW Locust Street be classified as a major collector, connecting SW Hall Blvd. with SW Nimbus Avenue by extending it through the Washington Square II area and over Hwy. 217. Although the TDC does not specifically mention bleachers or backstops, the definitions of "setback", "structure", and "building" support the staffs assertion. 2 Dolan v. City of Tigard, 512 US 374, 115 S Ct 2309 (1994). edmurphy&associates/ttsd/metzgerIIlturnerletter/l1/22/04 Page 2 i • Metzger Elementary CUP H The Washington Square Regional Plan notes on page 19 that SW Locust Street should be modified between SW Hall Boulevard and SW Greenburg Road to include a three-lane section with parking, bike lanes, sidewalks and other streetscape improvements. Further, it says that it should be maintained as a lower-speed street, and that improvements should be consistent with the surrounding neighborhood land uses, and that the street should be planned to carry neighborhood and sub-regional trips at low travel speeds. The Washington Square Regional Plan does not say specifically how much right-of way should be required along SW Locust Street.. just that "right-of-way may be required". However, the TDC shows sample cross sections for collector streets in Figure 18.810.2. A 3-lane street, with bike and pedestrian facilities and planter strips, would require 70' - 74' of right-of-way, which would be 35'-37' from centerline. The staff report, however, recommends that the School District be required to dedicate sufficient land to increase the right-of-way to 43.5 feet from centerline, which would be an 87'-wide right- of-way. Based on either the City's Transportation System Plan, which shows SW Locust Street as a Collector, or the Washington Square Regional Plan, which shows it as a Major Collector, it is difficult to see why the staff is suggesting a dedication of 43.5-foot from centerline. Based upon the impact of the proposed development - which is a positive impact - it is difficult to see how the proposed requirement for right-of-way is either reasonably related or roughly proportional to the proposed development of the ball fields. Further, it is also hard to see how the City can require a dedication along the entire frontage of SW Locust Street between SW Lincoln Avenue and SW 90`h Avenue even though part of that frontage is not within the scope of the current CUP application, and even though the remaining frontage was part of a very recent CUP approval, i.e., the Metzger CUP, that did not require any such dedication. Even if staff believes (as Mr. Tracy surmised at the hearing) that this may have been an oversight at that time, it is simply not appropriate to try to obtain additional right-of-way from the School District from the adjacent school-owned property as a condition of this CUP application. 2. Sidewalk width. Proposed condition of approval #6A would require an 8-foot concrete sidewalk with a 5-foot planter strip. As we stated in our letter to Kim McMillan dated September 17`h, 2004, we are proposing to fill in the three driveways with a 6'-wide sidewalk section, matching what is already there. In fact, there is already a sidewalk the entire distance of SW Locust Street between SW Hall Blvd. and SW Greenburg Road along the south side of the street, as well as along most of the north side of the street. Requiring an 8'-wide sidewalk with a 5'-wide planter strip causes significant problems for the District. It would mean relocation of a fire hydrant, a fiber optic pedestal, an electric vault, an electric pedestal for the street lights, three street lights, the cable vault, the phone pedestal, the telecom pedestal, a catch basin and associated piping, and the sidewalk either routed around the existing required tree or the tree removed to construct a straight sidewalk. We do not believe this is necessary from the standpoint of safety, pedestrian convenience, nor even aesthetics. Further, we do not believe it is required by the TDC. The TDC, Section 18.810.070.C. states that "a planter strip separation of at least five feet between the curb and the edmurphy&associates/ttsd/metzgerlUturnerletter/11/22/04 Page 3 . i • Metzger Elementary CUP H sidewalk shall be required in the design of streets, except where the following conditions exist: ...the curbside sidewalks already exist on predominant portions of the street; it would conflict with the utilities; there are significant natural features (large trees...) that would be destroyed if the sidewalk were required". All of these conditions exist here. As stated above, SW Locust Street is already entirelv developed along the south side of the street with curbside sidewalks; moving the sidewalk back five feet would conflict with existing utilities; moving the sidewalk back five feet would jeopardize a large, significant tree just east of tax lot 1S135AB00204. The Development Code clearly allows the staff and Hearings Officer to make an exception to the planter strip requirement in this circumstance, and we believe the evidence shows that it is not warranted. We believe that the School District's proposal to fill in the three driveways with a sidewalk matching the existing sidewalk section, as per Exhibit `E' of our CUP application, is consistent with the TDC requirements and the prior approval of the Metzger School CUP. It is also consistent with other recent land use approvals, notably the approval of an office building a little further to the east of the school property at the southwest corner of SW Locust Street and SW Hall Boulevard. It is a reasonable, practical, common-sense proposal. We should note that, in our application and again in our letter to Kim McMillan dated September 17, 2004, we indicated that the School District was prepared to remove all of the existing sidewalk sections and construct a new 8-foot wide sidewalk and a 6-foot wide planter strip all along the school's frontage on SW Locust Street from SW 90`x' Avenue to SW Lincoln Avenue. We initially made this offer in response to the staff s proposed requirement for a 14'-wide combination sidewalk and planter strip. This was before we fully understood the design and cost implications of the requirement, and before we realized that the staff would also be recommending dedication of a significant amount of land as additional right-of-way, and an agreement to participate in future street improvements. Upon further consideration, we decided that our original proposal, which was to construct new curbs and fill in the sidewalk sections where the three driveways were previously located, was the most reasonable and appropriate improvement. 3. Future improvements to SW Locust Street. Proposed condition of approval #7 would require the School District to agree to participate in future improvements along SW Locust Street adjacent to the property. Similarly to the recommended condition requiring right-of-way dedication and the condition requiring an 8'-wide sidewalk and planter strip, this condition would apply to the entire frontage the School District's four parcels have on SW Locust Street. Again, the subject CUP application is only for the three parcels affected by the proposed ball fields, not for the parcel on which the new Metzger School is sited. As we stated on our letter to September 19th letter to Ms. McMillan, no such requirements for street improvements, whether they were to be done in the short term or long term, were placed upon the approval of the Metzger CUP application - and that was the CUP that took into account any transportation impacts the school might have. In fact, the record for the Metzger CUP application reveals the following: edmurphy&associateslttsd/metzgerlllturnerletter/11/22/04 Page 4 Metzger Elementary CUP II In the engineering section of the pre-application notes for Metzger CUP, dated 1/07/03, Brian Rager indicated on page 2 that partial improvements to SW Locust Street were required, including at least 18 feet of pavement from centerline to curb, and a 6-foot concrete sidewalk. The staff made the following comment on page 25 of the staff report for the 4/28/03 hearing on the Metzger CUP: "The school site also has partial frontage along Locust Street, a two-lane collector with bike lanes west of Lincoln Avenue. This roadway is presently fully improved along the frontage, except for street trees and the curb returns. This project will need to include the planting of street trees and the construction of the curb returns at both 90`h Avenue and Lincoln Avenue to meet current City standards." The conditions of approval, similarly, included only the following condition related to improvements to SW Locust Street: "Condition #17. The applicant's construction plans shall include the reconstruction of the curb returns and wheelchair ramps at the corners of Lincoln Avenue/Locust Street and 90th Avenue/Locust Street." (These improvements have already been completed, by the way). In contrast to the approval of the Metzger CUP application, however, staff noted in the pre- application conference notes for the subject CUP application that SW Locust Street should be improved to 29.5 feet from centerline. This would result in a 59'-wide street cross section. While we are relieved that the city staff did not recommend that the School District be required to improve SW Locust Street to at this time, we are concerned about the proposed requirement that the District "execute a Restrictive Covenant whereby they agree to complete or participate in the future improvements of SW locust Street adjacent to the subject property when any of the following events occur:" It then lists four different types of events that may trigger the improvements. Why might the School District resist signing such a Restrictive Covenant? ♦ Similarly to the recommended requirement for right-of-way dedication, requiring SW Locust Street to be improved to full city standards is not reasonably related to, nor roughly proportionate to, the impact caused by the development. Again, the impact is zero. In fact, by removing three homes and filling in the driveways, the development actually has a positive impact. It doesn't matter whether the requirement is postponed until sometime in the future, the "rational nexus" and "reasonable relationship" tests still apply. ♦ The proposed requirement is for the entire frontage between SW Lincoln Avenue and SW 90`h Avenue, even though the scope of the CUP application only includes a portion of that frontage; ♦ The requirement is open-ended as to what the improvements might ultimately be. As mentioned above, the staff suggested paving 29.5 feet from centerline would be appropriate. Yet the Washington Square Regional Plan states that SW Locust Street is to be a three-lane edmurphy&associates/dsdlmetzgerll/turnerletterlI 1122104 Page 5 • Metzger Elementary CUP 11 • section (page 19). The TDC (18.810.2) shows a three-lane collector street as having 46-foot wide cross section, or 23' from centerline. The street width, sidewalk width, street lighting, traffic controls, storm drainage, utilities relocation and landscaping requirements could all vary greatly depending on what standard the City chooses to apply at the time it requires the improvements. ♦ The requirement is open-ended as to what the timeframe may be. The obligation on the District runs forever. It is an on-going obligation upon the District that the City may choose to draw upon at a time of its choosing, without necessarily taking into consideration the District's financial situation at that time. 4. Construct 6'-hiph fence with slats. Condition of approval #10 would require screening the play fields from properties across SW Locust Street with the use of a 6'-tall chain link fence with slats. We do not believe the TDC requires screening in this case. Buffering and screening requirements, set forth in Section 18.745.050, are intended to eliminate the adverse impacts of visual or noise pollution at a development site. This is a playground for children, and is not a use that needs screening. More specifically, Section 18.745.050.2 states that buffering and screening is required to reduce the impacts on adjacent uses which are "of a different type" in accordance with the matrix found on Table 18.745.1 and .2. Schools are not listed on the table; presumably, therefore, schools are a use of the same type as single family detached units and therefore no screening or buffering is required. Even if they were considered different types, the ball fields are separated from the single-family homes by SW Locust Street. Table 18.745.2, footnote [1], states that buffers are not required when abutting uses that are of a different type are separated by a street. Further, Section 18.745.050.2 states that screening is not required when different uses are separated by a right-of- way. The District wants the community to have visual access to the school. Not having slats in the fence will provides an extra level of security, will help integrate the school into the fabric of the neighborhood, will be more attractive, and will be easier and less expensive to maintain. Staff agreed at the hearing that slats were not necessarily required by Code, but stated that the Hearings Officer could require them because the ball fields are a conditional use. We would request, for the reasons stated above, that the hearings officer not require slats in the chain link fence. (For that matter, we would prefer that the Hearings Officer not to require fencing at all, and certainly not specify a specific fence height or fence type. While the District plans to install a 6'-high chain link fence, it may choose now or in the future to install a shorter fence, or a fence made from different materials, or even no fence at A. We do not think that the City needs to require any fencing around the ball fields, instead opting to leave that decision up to the School District.) We agree with the other proposed conditions of approval, with one minor correction to condition #4. That condition references an 8-foot sidewalk. If condition #6A is changed so that it does not edmurphy&associates/ltsd/metzger///turnerletter/11122104 Page 6 Metzger Elementary CUP II require an 8- foot concrete sidewalk, then condition #4 should be changed as well. It should say simply "sidewalk" instead of "8 foot sidewalk". In summary, we respectfully request that the Hearings Officer amend the proposed conditions of approval as follows: 1, Condition #4 should say "Prior to issuance of a site permit, a Public Facility Improvement (PFI) permit is required for this project to cover street trees, 6 foot sidewalk and any other work in the public right-of-way." (The rest of this condition should remain as written). 2. Condition #5 should say "Additional right-of-way shall be dedicated, as necessary, to the Public along the frontage of Locust Street to increase the right-of-way to 30 feet from the centerline. The description shall be tied to the existing right-of-way centerline. The dedication document shall be on City forms. Instructions are available from the Engineering Department." 3. Condition #6.A. should say: "A. 6-foot concrete sidewalk to match the existing sidewalk;" 4. Condition #7 (Restrictive Covenant) should be eliminated. 5. Condition #10 (screening with the use of a 6 foot tall chainlink fence with slats) should be eliminated. Thank-you for your consideration of these comments. Since ly Ed Murphy, Al rP CC. Morgan Tracy, Associate Planner, City of Tigard Greg Philo, Project Manager, Cornerstone Construction Management Xaivier Rueda, Selig/Lee/Rueda Architects Stephen Poage, Tigard-Tualatin School District edmurphy&associates/ttsd/metzger]Ilturnerletter/11/22/04 Page 7 f, LOD MURPHY ASSO • 'Y'ES ♦ Land Use Planning and Development Services September 17, 2004 Kim McMillan Engineering Department City of Tigard 13125 SW Hall Blvd. Tigard, Oregon 97223 RE: Metzger Elementary School II CUP application - Improvements to Locust Avenue. Dear Ms. McMillan: While preparing the plans for the ball fields at Metzger Elementary School, we noticed the handwritten notes in the engineering section of the pre-application conference meeting that we did not realize were there. On page 1 of 6, under "Right-of-way dedication", the notes indicate that the City wants a dedication of right-of-way 43.5 feet (rather than 29 feet) from centerline. Under the "Street improvements" section, the notes indicate that the City wants 29.5 feet (rather than 17 feet), of pavement from centerline with a 14-foot wide combination concrete sidewalk and planter strip (rather than a 6-foot wide concrete sidewalk with planter strip). It is not clear whether the City meant these comments to apply just to the 250 feet of frontage of the three tax lots that are the subject to this CUP application, or along the entire 450 feet of frontage between SW Lincoln Avenue and SW 90th Avenue. At the pre-application conference, the three of us who were there (Xaivier Rueda, Greg Philo and myself) clearly remember the discussion about a 14-foot wide combination sidewalk/planter strip, but none of us remember any mention at all of dedicating 43.5 feet of right-of-way from centerline and paving 29.5 feet from centerline. If Locust is widened to 29.5 feet from centerline, it will mean relocation of a fire hydrant, a fiber optic pedestal, an electric vault, an electric pedestal for the street lights, three street lights, the cable vault, the phone pedestal, the telecom pedestal, a catch basin and associated piping, and the sidewalk either routed around the existing required tree or the tree removed to construct a straight sidewalk. In our letter requesting a pre-application meeting, dated July 30, I stated the following: "We assume that SW Locust Street will need to be improved along the frontage of these parcels 18 feet from centerline to curb, with a 6'-wide concrete sidewalk and street trees." We did not hear any disagreement with that assumption in the pre-application meeting. In our application, I made statements such as the following: ♦ "SW Locust Street is a collector street, and is already fully improved. The proposed site plan (Exhibit 'E', Sheet 1.1) show the driveways being filled in 9875 SW Murdock St. Tigard, Oregon 97224 N Phone 503. 624.4625 X Cellular 503. 314.0677 /Fax 503. 968.1674 Metzger Elementary CUP II • with matching sidewalk sections, and street trees planted behind the sidewalk. However, because the school is within the Washington Square Regional Plan area, the City staff stated at the pre-application conference that the District would have to improve SW Locust Street with a 14-foot wide, combination sidewalk/landscape planter strip. The District therefore now proposes replacing the existing sidewalk with an 8-foot wide sidewalk, separated from the curb by a 6-foot wide planter strip." ♦ "The site plan shows SW Locust Street improved to City standards. The improvements to SW Locust Street will bring it up to current City standards, including separated sidewalks with street trees in a planter strip. The site plan does not show an 8' sidewalk with a 6'-wide planter strip, but that can be made a condition of approval." We assumed certain requirements to SW Locust Street based upon the requirements on the original Metzger Elementary School Conditional Use Permit application (CUP 2003-0003). These included the following condition: Condition #17. The applicant's construction plans shall include the reconstruction of the curb returns and wheelchair ramps at the comers of Lincoln Avenue/Locust Street and 90th Avenue/Locust Street. (These improvements have already been completed, by the way). Further, on page 25 of the staff report for the Metzger CUP, dated 4/28/04, staff made the following statement: "The school site also has partial frontage along Locust Street, a two-lane collector with bike lanes west of Lincoln Avenue. This roadway is presently fully improved along the frontage, except for street trees and the curb returns. This project will need to include the planting of street trees and the construction of the curb returns at both 90' Avenue and Lincoln Avenue to meet current City standards." This statement is consistent. with the comments made in the engineering section of the pre-application notes for Metzger CUP, dated 1/07/03, where Brian Rager indicated on page 2 that partial improvements to Locust Street were required, including at least 18 feet of pavement from centerline to curb, and a 6-foot concrete sidewalk. Finally, we note that the developers of the recently constructed office building at the corner of SW Locust and SW Hall Blvd. were only required to construct a curb- tight sidewalk... no planter strip, no wide sidewalks, no street improvements. We also note that SW Locust Street is already fully improved to the west all the way to SW Greenburg Avenue on both sides of the street, and east all the way to Hall Blvd. on the south side of the street. A widening of SW Locust Street along the frontage of the three tax lots, or even along the entire frontage from SW Lincoln Avenue or edmurphy&associateslnsdlmetzgerlllbmtet/9/17104 Page 2 Metzger Elementary CUP H SW 90th Avenue, would not match any of the existing, or foreseeable future, street sections between SW Greenburg Avenue and SW Hall Blvd. The plans were submitted with our application only showed filling in the driveways and matching the existing sidewalk. As we stated in our application, the School District is prepared to remove all of the existing sidewalk sections and construct a new 8-foot wide sidewalk and a 6-foot wide planter strip all along the school's frontage on SW Locust Street from SW 90th Avenue to SW Lincoln Avenue. They are willing to do this even though the frontage of the three lots which are the subject of this application represent only about 60% of that frontage. Because of the cost and impact, however, the District is very concerned about a possible condition of approval requiring dedication of additional right-of-way (to 43.5 feet from centerline) and widening of Locust Street to 29.5 feet from centerline. It is difficult to grasp how the removal of three homes and their driveways - a reduction in trips generated by 30 trips per day, and a reduction in the number of driveways with direct access onto a collector street - could trigger a requirement for such street improvements. We would like to have a conversation with you as soon as possible to discuss this potential condition of approval. I will call you to schedule a time to meet. Thanks Kim. Sincerely, Ed Murphy, A_'CP cc. Morgan Tracy, Associate Planner, City of-Tigard Greg Philo, Project Manager, Cornerstone Construction Management Xaivier Rueda, Selig/Lee/Rueda Architects ea„any&associatesirsatmetzgMIllamrca9n7104 Page 3 d d EXISTING CONCRETE SIDEWALK AND CURB I ~I Q J O z I ' I . I ~ ~I ~J I I - I. J s SW CUST STREET NEW CONCRETE SIDEWALK EXISTING STREET / AND CURB TO MATCH LIGHTING EXISTING J I ~ EXISTING STREET LIGHTING NEW CONCRETE SIDEWALK AND CURB TO MATCH EXISTING / .NEW PROPERTY LINE " ~ EXISTING CONCRETE SIDEWALK AND CURB ' _ - ^ __NSN.LSLEET TREES AT 28'-0" O.C. _ _ --rL EXISTING CONCRET I~ AND CURB - - _ _ _ - EXISTING STREET LIGHTING \-TREE TO BE MAINTAINED I ,i/; -DEMO EXISTING TRFFS NEW 6FT. HIGH CHAIN OtU1, I I~ LINK FENCING L- ,DEMO EXISTING TREES- I y , ^ lip I J I I , I/~ NEW GRASS BALLFIELDS I 0 0 O O 0 I r I 1 I I I I . I i I LINE OF OLD PROPERTY / LINE ' I • ~ I I ; ~ I I ~ I I i ~ I I ~ ; I I ; / I ~ I I ~ / I r, I INSTITUTIONAL USE R4.5 \ r r I r I r I r I I EXISTING TREES TO i I BE MAINTAINED ~I ~I I P C L Z - S0Ewa1K TO TktC, WEST (t,30T SctAO()L Pf-oP."N) C;~ a (b y _ 9245: . 4v~-y. ~"f LAIC 51 TWE -r- C mOT C~ , p f v ~ AI Y t~ 1 t~ #3 0 3 y 5 Y_ 924S i L _#rP k.. . 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APPLICATION SUMMARY FILE NAME: METZGER ELEMENTARY SCHOOL BALLFIED EXPANSION CASE NOS: Conditional Use Permit (CUP) CUP2004-00006 OWNER: Tigard-Tualatin School APPLICANT'S Ed Murphy & Associates District 23J REP.: Attn: Ed Murphy Attn: Stephen Poage 9875 SW Murdock Street 6960 SW Sandburg Street Tigard, OR 97224 Tigard, OR 97223 PROPOSAL: The, applicant is requesting Conditional Use approval for a major modfication to the newly constructed Metzger Elementary School site to expand the school site and include three (3 additional properties to construct ball fields just north of the school. The new play area will be approximately 35,284 square feet. Improvements to the site and surrounding area include street trees and sidewalks along SW Locust Street, and removal of the three existing driveway aprons. LOCATION: 10350 SW Lincoln Street and 9080, 9120 and 9140 SW Locust Street; WCTM 1 S135AB, Tax Lots 100, 202, 203 and 204. COMPREHENSIVE PLAN AND ZONING DESIGNATION: R- 4.5, Low-Density Residential zoning district. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters: 18.330, 18.360, 18.390, 18.510, 18.630, 18.705, 18.725, 18.745, 18.755, 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 modification and expansion of the prior Conditional Use Permit will not adversely affect the health, safety and welfare of the City and meets the Approval Standards of the Tigard Development Code. Therefore, Staff recommends APPROVAL, subject to the following recommended Conditions of Approval: METZGER ELEMENTARY PLAYFIELDS PAGE 1 OF 19 11/8/04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF THE SITE AND/OR PFI PERMITS: Submit to tanning Department (Morgan Tracy, 6347M, ext. 2W28por review and approval: 1. Prior to the issuance of building permits, the applicant shall submit a revised landscape plan that indicates 2 Y2 inch caliper size street trees planted 28 feet on center along SW Locust. 2. Prior to site work, the applicant shall provide the City Arborist with a construction sequence including installation and removal of tree protection devices, clearing, grading, and paving. 3. Prior to site work, the applicant shall notify the City Arborist when tree protection measures are in place so that he may verify that the measures will function properly prior to construction. Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval: 4. Prior to issuance of a site permit, a Public Facility Improvement (PFI) permit is required for this project to cover planter strip, street trees, 8 foot sidewalk and any other work in the public right-of-way. Three (3) sets of detailed public improvement plans shall be submitted for review to the Engineering Department. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement (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.ci.tiaard.or.us). 5. The PFI permit plan submittal shall include the exact legal name, address and telephone number of the individual or corporate entity who will be designated as the "Permittee", and who will provide the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. Additional right-of-way shall be dedicated to the Public along the frontage of Locust Street to increase the right-of-way to 43.5 feet from the centerline. The applicant shall alsp dedicate ROW at the radius of the Locust Street intersections at Lincoln Avenue and 90 Avenue. The description shall be tied to the existing right-of-way centerline. The dedication document shall be on City forms. Instructions are available from the Engineering Department. 6. The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility Improvement permit, indicating that the will construct the following frontage improvements along SW Locust Street as a part of this project: A. 8-foot concrete sidewalk with 5-foot planter strip; B. street trees in the planter strip spaced per TDC requirements; C. streetlight layout by applicant's engineer, to be approved by City Engineer; and D. driveway apron (if applicable). 7. The applicant shall execute a Restrictive Covenant whereby they agree to complete or participate in the future improvements of SW Locust Street adjacent to the subject property, when any of the following events occur: METZGER ELEMENTARY PLAYFIELDS PAGE 2 OF 19 11/8/04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER A. when the improvements are part of a larger project to be financed or paid for by the formation of a Local Improvement District, B. when the improvements are part of a larger project to be financed or paid for in whole or in part by the City or other public agency, C. when the improvements are part of a larger project to be constructed by a third party and involves the sharing of design and/or construction expenses by the third party owner(s) of property in addition to the subject property, or D. when construction of the improvements is deemed to be appropriate by the City Engineer in conjunction with construction of improvements by others adjacent to the subject site. 8. An erosion control plan shall be provided as part of the Public Facility Improvement (PFI) permit drawings. The plan shall conform to the "Erosion Prevention and Sediment Control Design and Planning Manual, February 2003 edition." 9. A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of all lots, and show that they will be graded to insure that surface drainage is directed-to the street or a public storm drainage system approved by the Engineering Department. For situations where the back portions of lots drain away from a street and toward adjacent lots, appropriate private storm drainage lines shall be provided to sufficiently contain and convey runoff from each lot. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO USE OF THE PLAYFIELDS: Submit to tffe--Ranning Department (Dorgan Tracy, 639-4n, ext. 243ZPor review and approval: 10. Prior to their use, the playfields shall be screened from properties across SW Locust Street with the use of a 6 foot tall chainlink fence with slats to match the other approved fencing around the school site. 11. Prior to placing the required screening fencing along SW Locust Street, the applicant shall ensure that adequate sight distance and vision clearance requirements are maintained. 12. Prior to placement of any signs on site, the applicant shall apply fora sign permit and supply staff with the appropriate plans to verify compliance with TDC Chapter 18.780. Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval: 13. Prior to a final inspection, the applicant shall complete the required public improvements, obtain conditional acceptance from the City, and provide a one-year maintenance assurance for said improvements. 14. Prior to final inspection, the applicant shall provide the City with as-built drawings of the public improvements as follows: 1 3 mil mylar, 2) a diskette of the as-builts in "DWG" format, if available; otherwise "DX~" will be acceptable, and 3) the as-built drawings shall be tied to the City's GPS network. The applicants engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other waters stem features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). FAILURE TO SATISFY THE CONDITIONS OF APPROVAL WITHIN 18 MONTHS OF THE! EFFECTIVE DATE OF THE HEARINGS OFFICER'S DECISION SHALL RENDER THE HEARINGS OFFICER'S DECISION VOID. METZGER ELEMENTARY PLAYFIELDS PAGE 3 OF 19 11/8104 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER SECTION III. BACKGROUND INFORMATION Site History The Metzger Elementary School was approved as a conditional use in 1972 by the Washington County Board of County Commissioners. A major modification of that site occurred this year as part of the approval related to CUP2003-00003. The old school was demolished, and a new school and playgrounds were constructed on the same site. At that time, there were three residential properties bordering SW Locust Street. Buffering and screening around these uses were required as part of the previous approval. Since thaf time, the School District has acquired those three properties, and demolished or relocated the houses that stood on them. Vicinitv Information: The site (inc uding the school grounds and three current residential properties) is zoned R-4.5 and surrounded on three sides by single-family homes, and commercial development on the fourth (west) side. The site is located within the Washington Square Regional Center planning district. There are specific design and density guidelines for other types. of development within this district. The surrounding areas may be developed by a combination of homes and businesses, as the maJ'ority of that district is zoned to accommodate mixed uses with medium to high density developments. Site Information and Proposal Description: The school site is currently 6.47 acres in size and would be expanded by 1.66 acres to a total of 8.13 acres with the addition of the three residential properties. The applicant is seeking to convert the residential uses to expand the conditionally permitted school use, specifically to construct playfields. There are no new structures being proposed with this application, apart from a perimeter fence. This application also reflects eliminating the buffer and landscape screening requirement around the three residential properties, as such buffering is no longer relevant. Since this application takes into account the recently approved school site, in large part, staff defers to the findings of that previous decision. Modified or expanded findings are provided where relevant to the subject application request. SECTION IV. DECISION MAKING PROCEDURES, PERMITS AND USE Use Classification: Section 18.130.020 Lists the se C-aTegones. The applicant is proposing to convert properties currently used for residential uses, to expand the conditional use school site for playfields. Schools are permitted conditionally within the R- 4.5 zoning district. Summary Land Use Permits: Chapter 18.310 Defines the decision-making type to which the land-use application is assigned. The proposed use is a Conditional Use permit which is a Type III-HO decision, heard by the Tigard Hearings Officer. METZGER ELEMENTARY PLAYFIELDS PAGE 4 OF 19 11/8/04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER SECTION V. SUMMARY OF APPLICABLE CRITERIA A summary of the applicable criteria in this case in the Chapter order in which they are addressed in this report are as follows: A. 18.330 Specific Conditional Use Criteria Venerai Approval Criteria) Additional Conditions of Approval) B. A licable Development Code Standards 18.360 -bite evelpment Review) 18.510 Residential Zoning Districts) 18.630 Washington Square Regional Center) 18.705 Access, Egress & Circulation) 18.725 Environmental Performance Standards) 18.745 Landscaping and Screening) 18.755 Mixed Solid-Waste and Recyclable Storage) 18.765 Off-Street Parking and Loading Requirements) 18.780 Sign18.790 Tree Removal) 18.795 kVisual Clearance) C. Street and Utility Im rovement Standards (18.8101 D. Impact u v R SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS A. SPECIFIC CONDITIONAL USE APPROVAL CRITERIA Section 18.330.010.A states that the purpose of this chapter is to provide standards and procedures under which a conditional use may be permitted, enlarged or altered if the site is appropriate and if other appropriate conditions of approval can be met. There are certain uses which due to the nature of the impacts on surrounding land uses and public facilities require a case-by-case review and analysis. Section 18.330.020.A states that a request for approval for a new conditional use shall be processed as a Type 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 Chapter 18.330. GENERAL APPROVAL CRITERIA FOR A CONDITIONAL USE: SECTION 18.330.030 The site size and-dimensions provide adequate area for the needs of-ffie proposeduse; The existing site size is 6.47 acres, and will be increased by 1.66 acres as a result of this request. The proposal requests approval to construct school playfields over present residential properties. There was inadequate room for the proposed configuration of playfields under the previous approval; however, the addition of this area will make a more suitably shaped and sized site for the proposed use. This report evaluates the proposal and necessary setbacks, landscaping, etc., and as demonstrated in the application and this report, the site size is adequate for the needs of the proposed use. The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and natural features; The site is currently developed with an existing elementary school and three previous homesites. The site is large enough to accommodate the use. There are no specific limitations to the site with regard to the shape, location, topography or natural features that would hinder the development of the site with the proposed use. All required public facilities have adequate capacity to serve the proposal; and METZGER ELEMENTARY PLAYFIELDS PAGE 5 OF 19 11/8/04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER All public facilities including streets, storm and sanitary sewers, and water have adequate capacity to serve the site as required by the previous conditional use decision. Street improvements for the area in front the previous homesites are discussed later in this report. The applicable requirements of the zoning district are met except as modified by this chapter. The proposed site is located within the R-4.5 zoning district. As indicated earlier, schools are permitted conditionally. As conditioned later in this report, the project can meet the applicable requirements of the zoning district. The conditional use requirements are more restrictive than the underlying zoning requirements with regard to site size and setback requirements. The applicant has met or exceeded these requirements. The supplementary requirements set forth in other chapters of this Code including but not limited to Chapter 18.780, Signs, and Chapter 18.360, Site Development Review, if applicable, are met or can be conditioned to be satisfied. The applicable review criteria in this case include the following chapters of the Community Development Code: 18.330, Conditional Use; 18.360, Site Development Review; 18.390 Decision Making Procedures; 18.510, Residential Zoning Districts, 18.630 Washington Square Regional Center Standards, 18.705, Access, Egress and Circulation; 18.725, Environmental Performance Standards; 18.745, Landscaping and Screening; 18.755, Mixed Solid Waste and Recyclables Storage; 18.765, Off-Street Parking; 18.780, Signs; 18.790, Tree Removal; 18.795, Visual Clearance Areas; and 18.810, Street and Utility Improvement Standards. The development standards and requirements of these chapters are addressed further in this report. The proposal contains no elements related to the provisions of the following chapters: 18.350, Planned Development; 18.380, Zoning Map/Text Amendments; 18.410, Lot Line Adjustments; 18.420, Land Partitions; 18.430, Subdivisions; 18.520, Commercial Zoning Districts; 18.530, Industrial Zoning Districts; 18.620, Tigard Triangle Design Standards; 18.640 Durham Quarry Design Standards; 18.710, Accessory Residential Units; 18.715, Density Computations; 18.720, Design Compatibility Standards; .730, Exceptions to Development Standards; 18.740, Historic Overlay; 18.742, Home Occupations; 18.750, Manufactured/Mobile Home Regulations; 18.760, Nonconforming Situations; 18.775, Sensitive Lands; 18.785, Temporary uses; and 18.798, Wireless Communications Facilities. These chapters are, therefore, found to be inapplicable as approval standards. The use will comply with the applicable policies of the Comprehensive Plan. The Comprehensive Plan is implemented by the Community Development Code. Compliance with Comprehensive Plan policies are, therefore, assured by satisfaction of the applicable development standards of the development code as addressed within this report. FINDING: Based on the analysis above, the General Approval Criteria for a Conditional Use are satisfied. ADDITIONAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE. "Section 18.330.030 states that t eearings ►ufhority may impose conditions on the approval of a conditional use, which are found necessary to ensure the use is compatible with other uses in the vicinity, and that the impact of the proposed use on the surrounding uses and public facilities is minimized. These conditions may include, but are not limited to the following: Limiting the hours, days, place and/or manner of operation; The applicant has not indicated hours, days, or manner of operation, however, it can be expected that the school would operate during the same hours that it currently operates. There is no evidence in the record to suggest that there is a need to limit the hours, days, place and or manner of operation for the elementary school. This criterion is satisfied. METZGER ELEMENTARY PLAYFIELDS PAGE 6 OF 19 11/8/04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Requiring design features which minimize environmental impacts such as noise, vibration, air pollution, glare, odor and/or dust; The proposal would not likely generate any vibration, air pollution, odor, glare, noise, or dust that would be considered out of character for the use. The applicant has sited the facility on the property in a location that will minimize impacts to the surrounding neighborhoods. This criterion is satisfied. FINDING: The proposed site is adjacent (across developed rights of way) on three sides to noise sensitive units as defined in the Tigard Municipal Code (TMC) Chapter 7.40. Requiring additional setback areas, lot area, and/or lot depth or width; The lot is large enough to accommodate the proposed playfields and school buildings. There are no setbacks for playfields since no structures are proposed, and staff does not anticipate a need for increased setbacks with the provision of right of way dedication, and screening as discussed later in this report. This criterion is satisfied. Limiting the building height, size or lot coverage, and/or location on the site; There are no new buildings proposed with this application. In fact lot coverage statistics will be lowered with the inclusion of this additional open area. The proposed playfield location is appropriate given the orientation of the school site. This criterion is satisfied. Designating the size, number, location and/or design of vehicle access points; The applicant is proposing to eliminate three accesses off SW Locust, classified as a major collector. No new accesses are proposed and existing access was reviewed and previously approved. The criterion is satisfied. Requiring street right-of-way to be dedicated and street(s) to be improved; The site has frontage on three separate strets. Half-street improvements and right of way dedication has already occurred on SW 90"' Avenue and SW Lincoln Street. The only dedication of right-of-way that will be required is along SW Locust. The specifics of the improvements are discussed in more detail in the street and utility section of this report. This criterion is satisfied. Requiring landscaping, screening, drainage and/or surfacing of parking and loading areas; Parking and loading areas were required to be screened by the previous decision. Limiting the number, size, location, height and/or lighting of signs; Compliance with the sign requirements for the underlying zone will be considered once a design is reviewed. All additional signage is subject to the sign requirements which will be reviewed with the sign permit applicafion. Limiting or setting standards for the location and/or intensity of outdoor lighting; No additional lighting is proposed. This criterion is satisfied. Requiring berms, screening or landscaping and the establishment of standards for their installation and maintenance; METZGER ELEMENTARY PLAYFIELDS PAGE 7 OF 19 11/8/04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER 0 0 The landscaping, plan for the balance of the site was previously approved. To provide better security for stunts attending the school and using the playfields, and to better screen the use from properties across SW Locust, a requirement should be imposed for a chainlink fence with slats or suitable equivalent to be established along the perimeter of the school site, to tie back into existing fencing. Beyond the required street trees and required screening, staff does not see a need for requiring additional landscaping or berms. Requiring and designating the size, height, location and/or materials for fences; The applicant is proposing new chain link fencintwith slats along the rear property lines of three houses that are located along SW Locust. hain link fencing is an acceptable material provided it adequately screens the use from adjacent single-family homes. This criterion can be satisfied. Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas and/or drainage areas; Some trees previously preserved along the shared property line of the prior residential uses are proposed for removal. These trees would be located in the middle of the proposed playfields. The applicant is retaining an existing deciduous tree as it appears healthy and is located outside of the limits of the playfields and will not impede their use. There are no watercourses, habitat or drainage areas on the site. Soils are to be retained on the site. To accommodate the playfields, existing vegetation has been cleared. As demonstrated later in this report, the applicant meets, or can be conditioned to meet this criterion. 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 The property is not adjacent to the floodplain. This criterion is not applicable. Requiring the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. The property is not adjacent to the 100-year floodplain. This criterion is not applicable. FINDING: Additional screening is necessary along SW Locust Street. The other general conditional use standards are met, or will be met through the imposition of conditions elsewhere in this report. CONDITION: Prior to their use, the playfields shall be screened from properties across SW Locust Street with the use of a 6 foot tall chainlink fence with slats to match the other approved fencing around the school site. ADDITIONAL DEVELOPMENT STANDARDS FOR CONDITIONAL USE TYPES: SECTION 18.330.050 The adaitionaf-aevefopment standards are specific criteria that must be considered at the time of application for a conditional use. The criterion states that there shall be no minimum lot size requirements for schools other than what is required for the applicable zoning district; That the setbacks shall be as follows: Front Yard setback- 20 feet Corner and through lot setback- 20 feet on any side facing a street Side yard setback- 20 feet Rear yard setback- 30 feet METZGER ELEMENTARY PLAYFIELDS PAGE 8 OF 19 11/8104 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER The minimum lot size for the R-4.5 zoning district is 7,500 square feet. This site is 8.13 acres. This criterion is satisfied. With regard to the setbacks, the building location was previously approved and is not being modified. The playfields are not subject to setback requirements. Any future structures such as bleachers, or backstops will need to meet the side yard (as established by the prior conditional use application) setback of 20 feet. B. APPLICABLE DEVELOPMENT CODE STANDARDS SITE DEVELOPMENT REVIEW (18.3601 e i e eveiopment-Review approval standards require that a development proposal be found to be consistent with the various standards of the Community Development Code. The proposal's consistency with these Code Chapters is reviewed in the following sections. RESIDENTIAL ZONING DISTRICTS 18.510 TFFR-- zoning district is designed to accommodate detached single-family housing at a minimum lot size of 7,500 square feet. A wide range of civic and institutional uses are also permitted conditionally. Section 18.510.050 states that Development standards in Residential zoning districts are contained in Table 18.510.2, however, because the proposed use requires conditional use approval, the stricter standards of the conditional use section apply. The only standards that are not specifically regulated by the Conditional Use chapter are lot coverage and building height. There is no maximum lot coverage within the R-4.5 zoning district, and the maximum height requirement is 30 feet. The remaining standards are exceeded by the conditional use requirements. Based on the analysis above, the underlying zone's development standards are met or exceeded with the exception of the building height. WASHINGTON SQUARE REGIONAL CENTER DESIGN STANDARDS 18.630 The Vashington Square RegionaFCenter Design 9tandacr s were adopted in 2002. All new developments, including remodeling and renovation projects resulting in new non-single family residential uses, are expected to contribute to the character and quality of the area. In addition to meeting the design standards and other development standards required by the Development and Building Codes, developments will be required to dedicate and improve public streets, connect to public facilities such as sanitary sewer, water and storm drainage, and participate in funding future transportation and public improvement projects necessary within the Washin ton Square Regional Center. The applicable sections to this development are 18.63040, 050, and 030. The remaining sections are found to be inapplicable as they relate to the mixed use zoning designations. Compliance with these standards are evaluated in the following discussion. Section 18.630.040 deals with street connectivity and states two options to demonstrate compliance. The applicant chose the design option. The design option states that, "Local street spacing shall provide public street connections at intervals of no more than 530 feet; and bike and pedestrian connections on public easements or right-of-way shall be provided at intervals of no more that 330 feet. In this case, the street spacing is already achieved between SW Lincoln, and SW Locust streets. The prior decision required a pedestrian connection through the site to satisfy this standard. Section 18.630.050 relates to site design standards. Specifically the standards that relate to building placement on major and minor arterials, building setback, front yard setback design, walkway connection to building entrances, and parking location and landscape design. No changes to the building location or internal walkway systems are proposed. These criterion are satisfied. METZGER ELEMENTARY PLAYFIELDS PAGE 9 OF 19 11/8104 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Section 18.630.090 speaks to the requirements for landscaping of landscaped and screened areas within parking lots, and along local collectors and Local streets. Specific to this project, the standards of 18.745 would apply in addition to a requirement that trees shall be provided at a minimum of 2 1/2 inch caliper, at a maximum spacing of 28 feet. Shrubs shall be of a size and quality to achieve the required landscaping or screening effect within two years. The applicant has provided a landscape plan for the site and has proposed to plant street trees spaced 28 feet on center. It is not clear at what size these trees are to be planted. This standard specifies 2 Y2 inch caliper sized trees. FINDINGS: The applicant has provided a landscape plan for the site that does not meet the additional requirements imposed by this section for street tree size. CONDITION: Prior to the issuance of buildingg permits, the applicant shall submit a revised landscape plan that indicates 2 'Z inch caliper size street trees planted 28 feet on center along SW Locust. ACCESS EGRESS AND CIRCULATION 18.705 No buuil ing or other permit shall be issue 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 is proposing to remove three existing residential driveway accesses on SW Locust. Apart from this change, no other modifications are proposed This criterion is satisfied. 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. The site has frontage on SW Lincoln, SW 90th, and SW Locust. All three are public streets, and the approved accesses connect directly with the site. This criterion is satisfied. Required Walkway Location On-site pedestrian walkways shall comply with the following standards: Walkways shall extend from the ground floor entrances or from the ground floor landing of stairs, ramps, or elevators of all commercial, institutional, and industrial uses, to the streets which provide the required access and egress. Walkways shall provide convenient connections between buildings in multi-building commercial, institutional, and industrial complexes. Unless impractical, walkways shall be constructed between new and existing developments and neighboring developments; No changes to the approved walkways are proposed. This criterion is satisfied. Within all attached housing_ (except two-family dwellings) and.. multi-family developments, each residential dwelling shall be connected by waway to the vehicular parking area, and common open space and recreation facilities; This criterion is not applicable to this proposal. Wherever required walkways cross vehicle access driveways or parking lots, such crossings shall be designed and located for pedestrian safety. Required walkways shall be physically separated from motor vehicle traffic and parking by either a minimum 6-inch vertical separation (curbed) or a minimum 3-foot horizontal separation, except that pedestrian crossings of traffic aisles are permitted for distances no greater than 36 feet if appropriate landscaping, pavement markings, or contrasting pavement materials are used. Walkways shall be a minimum of four feet in width, exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle racks, and sign posts, and shall be in compliance with ADA standards; METZGER ELEMENTARY PLAYFIELDS PAGE 10 OF 19 11/8104 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER 0 r No changes to the approved walkways are proposed. This criterion is satisfied. Required walkways shall be paved with hard surfaced materials such as concrete, asphalt, stone brick, etc. Walkways may be required to be lighted and/or signed as needed for safety purposes. Soft-surfaced public use pathways may be provided only if such pathways are provided in addition to required pathways. The applicant is proposing to construct sidewalks with concrete materials on SW Locust. This criterion is satisfied. Access Management (Section 18.705.030.H): Section 18.705.030.H.1 states that an access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT, Washington County, the City and AASHTO. Locust Street is classified as a Major Collector in the Washington Square Regional Plan. The applicant is proposing to remove existing residential driveways, thus eliminating access from these lots to Locust Street. An access report is not required; No new school accesses are proposed. Other accesses were previously approved under this standard. Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frrontage, 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. No new accesses are proposed. Other accesses were previously approved under this standard. Driveways along the Locust Street frontage will be removed, thereby meeting this criterion. Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets alon an arterial shall be 600 feet. The minimum spacing of local streets along a local street shall be 125 feet. No new accesses are proposed. Other accesses were previously approved under this standard. ENVIRONMENTAL PERFORMANCE STANDARDS - CHAPTER 18.725: Requires t aeaeral and-s-fate environmentanaws, 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. Noise. For the purposes of noise regulation, the provisions of Sections 7.41.130 through 7.40.210 of the Tigard Municipal Code shall apply. Visible Emissions. Within the Commercial zoning districts and the Industrial Park (I-P) 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 (340-21-0 y5 and 340-28-070) apply. METZGER ELEMENTARY PLAYFIELDS PAGE 11 OF 19 11/8104 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Vibration. No vibration other than that caused by highway vehicles, trains and aircraft is permitted in an 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; V there shall be no emission or transmission of heat or heated air which is discernible a - 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. There is no evidence in the record that would suggest that any problems associated with noise, emissions, vibrations, odors, glare and heat, or insects and rodents would result from the expansion of the playfields. FINDING: Based on the information provided by the applicant, the use of the property will conform to the above requirements. If for some reason the above standards were in question, and it was subsequently found that the use was out of compliance with any of the above standards, the property owner would be subject to code enforcement, court review, possible fines, and revocation of the Conditional Use Permit. A search of City records does not indicate any code enforcement issues associated with the existing use. LANDSCAPING AND SCREENING - CHAPTER 18.745: Street trees: Section 18.745.040 s ates that a development projects fronting on a public street shall be required to plant street trees in accordance with Section 18.745.040.C Section 18.745.040.C required that street trees be spaced between 20 and 40 feet apart depending on the size classification of the tree at maturity (small, medium or large). The project has frontage along three streets that require the placement of street trees. The applicant has proposed to plant street trees along all three frontages. The sizing of the trees does not meet the requirements of the Washington Square Regional Center Design Standards, and staff has conditioned the applicant to revise the landscape plan earlier in this report. This standard is satisfied. Land Use Buffering and Screening: Buffering and Screening is required between different types of land uses. The proposed facility is in a residential zone and is adjacent to residential uses on three sides. The uses are separated by rights-of-way; therefore, there is no buffer requirement along those property lines. Screening was previously addressed. This criterion is satisfied. Screening of parking and loading areas is required. The specifications for this screening are as follows: 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; These landscape requirements were previously addressed by the prior approval. This criterion is satisfied. METZGER ELEMENTARY PLAYFIELDS PAGE 12 OF 19 11/8104 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER 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 Landscaping interior to the site was addressed by the previous conditional use application under these standards. This criterion is satisfied. 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. Landscaping interior to the site was addressed by the previous conditional use application under these standards. This criterion is satisfied. 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; 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. Screening interior to the site was addressed by the previous conditional use application under these standards. This criterion is satisfied. MIXED SOLID WASTE AND RECYCLABLES STORAGE - CHAPTER 18.755: Zhapter fff.-M requires that new construction incorporates tunctiona~nd adequate space for on-site storage and efficient collection of mixed solid waste and source separated Recyclables prior to pick-up and removal by haulers. The applicant must choose one (1) of the following four (4) methods to demonstrate compliance: Minimum Standard, Waste Assessment, Comprehensive Recycling Plan, or Franchised Hauler Review and Sign-Off. The applicant will have to submit evidence or a plan, which indicates compliance with this section. Regardless of which method chosen, the applicant will have to submit a written sign-off from the franchise hauler regarding the facility location and compatibility. This standard was conditioned under the previous approval. No changes to the solid waste collection system is proposed. This standard is therefore met. Location Standards. To encourage its use, the storage area for source-separated recyclable shall be co- located with the storage area for residual mixed solid waste; Indoor and outdoor storage areas shall comply with Uniform Building and Fire Code requirements; Storage area space requirements can be satisfied with a single location or multiple locations, and can combine both interior and exterior locations; 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; Exterior storage areas shall be located in central and visible locations on a site to enhance security for users; 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; 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. METZGER ELEMENTARY PLAYFIELDS PAGE 13 OF 19 11/8104 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER 9 0 No change to the solid waste collection system is proposed. This standard is therefore met. Design Standards. The dimensions of the storage area shall accommodate containers consistent with current methods of local collection; Storage containers shall meet Uniform Fire Code standards and be made and covered with waterproof materials or situated in a covered area; Exterior storage areas shall be enclosed by a sight-obscuring fence wall, or hedge at least six feet in height. Gate openings which allow access to users and haulers shall be provided. Gate openings for haulers shall be a minimum of 10 feet wide and shall be capable of being secured in a closed and open position; Storage area(s) and containers shall be clearly labeled to indicate the type of materials accepted. This standard was conditioned under the previous approval. No change to the solid waste collection system is proposed. This standard is therefore met. OFF-STREET PARKING AND LOADING (18.765 ATfhe time of~he erection of a new structure within any zoning district, off-street vehicle parking will be provided in accordance with Section 18.765.070. The additional area for playfields does not impact the required parking that was previously addressed in the prior conditional use approval. Elementary schools provide parking based on the number of classrooms, which are not affected by this proposal. Therefore, no parking standards are applicable to this request. SIGNS 18.780: Requires a a permit be issued for any sign that is erected, re-erected, constructed, structurally altered, or relocated within the City Limits. FINDING: The applicant has not provided the needed information to issue a sign permit because it is not necessary to do so at this time. CONDITION: Prior to placement of any signs on site, the applicant shall apply for a sign permit and supply staff with the appropriate plans to verify compliance with TDC Chapter 18.780. TREE REMOVAL - CHAPTER 18.790: ection f8 79TM requires ffi`at~ee plan for the planting, removal and protection of trees prepared by a certified arborist be provided for a conditional use application. The tree plan shall include identification of all existing trees, Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper, identification of which trees are proposed to be removed, and a protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. The original approval required preservation of several trees that were located along the perimeter of the previous residential properties. With the ball field expansion, these trees would be in the way of the proposed playfields. The Development code requires that those trees be preserved unless they are deemed hazardous, or unless the tree removal plan is subsequently modified. The current proposal modifies that removal plan by proposing to remove all but one tree. The trees being removed have either been classified as smaller than 12" or hazardous, and thus no mitigation calculation is required. Tree protection measures will be required during the sidewalk construction. Such measures will need to be inspected by the City Forester prior to commencing such work. FINDING: The applicant's arborist proposed tree protection measures that would be necessary during any required construction activity. The remainder of the impacted trees is not subject to mitigation. METZGER ELEMENTARY PLAYFIELDS PAGE 14 OF 19 11/8/04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER CONDITIONS: The applicant shall provide the City Arborist with a construction sequence including installation and removal of tree protection devices, clearing, grading, and paving. • The applicant shall notify the City Arborist when tree protection measures are in place so that he may verify that the measures will function properly prior to construction. VISUAL CLEARANCE AREAS - CHAPTER 18.795: section . states t -aFfhe 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. Section 18.795.030.13. states that a clear vision area shall contain no vehicle, hedge, planting, fence, wall structure or temporary or permanent obstruction (except for an occasional utility pole or tree), exceeding three feet in height, measured from the top of the curb, or where no curb exists, from the street center line grade, except that trees exceeding this height may be located in this area, provided all branches below eight feet are removed. The applicant has indicated in the narrative and the site Ian that a clear vision area will be maintained. When the fence is being placed, it will need tpo be set back to maintain adequate visual clearance areas. Staff will review the areas at the time of final occupancy to ensure compliance with the standards. This criterion is satisfied. FINDING: With the imposition of the following condition, the vision clearance standards can be met. CONDITION: Prior to placing the required fencing along SW Locust Street, the applicant shall ensure that adequate sight distance and vision clearance requirements are maintained. STREET AND UTILITY IMPROVEMENTS STANDARDS CHAPTER- 18.810: Uhapter b provides construction stan acarrds for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: Streets: Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires an arterial street to have a 64 to 128-foot right-of-way width and varied paved section. Other improvements required may include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. This site lies adjacent to SW Locust Street, which is classified as a Major Collector on the City of Tigard Transportation Plan Map. At present, there is approximately 30 feet of ROW from centerline, according to the most recent tax assessor's map. The applicant should dedicate the additional RW to provide for 43.5 feet from centerline. The applicant shall also dedicate additinal ROW to provide for the radius at the intersections of Locust with Lincoln Avenue and 90"' Avenue. METZGER ELEMENTARY PLAYFIELDS PAGE 15 OF 19 11/8/04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • 0 SW Locust is currently partially improved. In order to mitigate the impact from this development, the applicant shall construct an 8 foot sidewalk and a 5 foot planter strip. The applicant shall also enter into a restrictive covenant for future half-street improvements. Grades and Curves: Section 18.810.030.N states that grades shall not exceed ten percent on arterials, 12% on collector streets, or 12% on any other street (except that local or residential access streets may have segments with grades up to 15% for distances of no greater than 250 feet). Centerline radii of curves shall be as determined by the City Engineer. No change to the street grades is proposed. Block Designs - Section 18.810.040.A states that the length, width and shape of blocks shall be designed with due regard to roviding adequate building sites for the use contemplated, consideration of needs for convenient access, circulation, control and safety of street traffic and recognition of limitations and opportunities of topography. Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks formed by streets shall not exceed 1,800 feet measured along the right-of-way line except: Where street location is precluded by natural topography, wetlands or other bodies of water or, pre-existing development or; For blocks adjacent to arterial streets, limited access highways, major collectors or railroads. For non-residential blocks in which internal public circulation provides equivalent access. Section 18.810.040.B.2 also states that bicycle and pedestrian connections on public easements or right-of-ways shall be provided when full street connection is not possible. Spacing between connections shall be no more than 330 feet, except where precluded by environmental or topographical constraints, existing development patterns, or strict adherence to other standards in the code. No new streets are proposed and the site was previously approved without bisecting streets. This criterion is met. 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. Sidewalk improvements will be completed along Locust Avenue frontages. Sanitary Sewers: Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. Over-sizing: Section 18.810.090.C states that proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. The site is already served. Storm Drainage: General Provisions: Section 18.810.100.A states requires developers to make adequate provisions for storm water and flood water runoff. No upstream drainageways affect this site. METZGER ELEMENTARY PLAYFIELDS PAGE 16 OF 19 11/8104 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • • Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). The site slopes downward from the north to the south. The applicant's plans inicate that runoff will be collected in a Swale and directed to the storm sewer system in 90"' Avenue. The net result of this project is that the impervious area will be decreased. Therefore, there will be no additional storm drainage detention requirements. Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: The developer shall make all necessary arrangements with the serving utility to provide the underground services; The City reserves the right to approve location of all surface mounted facilities; All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under-Grounding Requirement: Section 18.810.120.C 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. There are existing overhead utility lines along the frontages of SW Locust Street and 90th Avenue. However, this code provision only applies to the frontage from where utility service is taken. The applicant took power from SW Lincoln where no overhead lines were present. Therefore no fee is applied. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STARD7RIM: Public Water stem: The proposed improvements do not include any water line work. METZGER ELEMENTARY PLAYFIELDS PAGE 17 OF 19 11/8/04 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • • Storm Water Quality, The Uy 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. Since no net, new impervious area is being created a water quality facility is not required. Grading and Erosion Control: CWS Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resultin from development, construction, grading, excavating, clearing, and any other activi~y which accelerates erosion. Per WS regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES) erosion control permit be issued for any development that will disturb one or more acre of land. Since this site is over five acres, the developer will be required to obtain an NPDES permit from the City prior to construction. This permit will be issued along with the site and/or building permit. A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of all lots, and show that they will be graded to insure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering Department. For situations where the back portions of lots drain away from a street and toward adjacent lots, appropriate private storm drainage lines shall be provided to sufficiently contain and convey runoff from each lot. Site Permit Ree uired: The applicant is required to obtain a Site Permit from the Building Division to cover all on-site private utility installations (water, sewer, storm, etc.) and driveway construction. This permit shall be obtained prior to approval of the final plat. D. IMPACT STUDY: "Section a states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with a requirement for public right-of-way dedication, or provide evidence that supports that the real property dedication is not roughly proportional to the projected impacts of the development. The applicant has submitted an impact study addressing the required elements above. The report substantiates that all services are capable of serving the site. The applicant has proposed to make the necessary improvements, and there is no applicable Transportation Impact Fee associated with this development, because they are not increasing the number of students that would be served by the site. Based on the conditions of approval and findings of fact within this decision, there are no unmitigated impacts as a result of this development to any public systems. METZGER ELEMENTARY PLAYFIELDS PAGE 18 OF 19 11/8104 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER 0 • SECTION VII. OTHER STAFF COMMENTS City of Tigard Arborist has reviewed this application and had no objections to it. SECTION VIII. AGENCY COMMENTS Clean Water Services has reviewed the proposal and notes that the desi n submittal shall be in accordance with the district's design and construction standards o~ Resolution and Order 04-09. Qwest has reviewed the proposal and notes that it currently has conduit in the SW Locust right of way. Should that conduit need to be relocated, it will occur at the city (and/or applicant's) expense. Verizon has reviewed the proposal and notes that the school is located in Qwest's service area, but that there is still a Verizon cable serving the school. However, the proposed ball fields should have no effect on the Verizon cable. -A--' PREPAREW BY: ~Ozrg - a racy Associate Planner METZGER ELEMENTARY PLAYFIELDS 11/8104 PUBLIC HEARING November 5. 2004 DATE PAGE 19 OF 19 STAFF REPORT TO THE HEARINGS OFFICER ~d CORAL 110 LOCUST J 0 I rn community Development CITY of ~I I GEOGRAPHIC INFORMATION SYSTEM nQNIITMW ST - o CUP2004-00006 0 r - METZGER ELEMENTARY o SCHOOL BALL FIELDS ST - L 0 m I Q IM --rt;fft I I ~11IIII~ 1 J I I00 J / / 00 ST OAK ~PULLIMT}1OE ~ I Qf 4 ~rJ ro. eEFF SEIID RD aJY'Y M ~?U Tigard Area Map t A N 0 100 200 300 400 Feet 1'= 310 feet i PINE ST City of Tigard lnfomlatiOn on tins map is for general location only and should be verified with the Development Services Division. I I 13125 SW Flail Blvd Tigard, OR 97223 II I I I (503) 6334171 httpl/www.d.tigard.or.us Plot date: Oct 7, 2004; C:\magic\MAGIC03.APR - ----j--~^- _ ~ - - SW LOCUST STREET - - SW I XvS1 - - - - 77 1 I I - W r 1 - WWW • z J H r ;r l n 1F// 1 l jj 0 17 'sb s6 i - ~ I V i IaiifNrbNN. LSE F~.S, I L -4 ov.~ y CITY ~F T16aRD ~N r5l i 74 1 1: 1 6?- { I i 1{ y - - - L U CUP2004-00006 - - ZGER ELEMENTARY SCHOOL BALL FIELDS MET (Map is not to scale) • • CITY OF TIGARD, OREGON APPLICATION FOR CONDITIONAL USE PERMIT METZGER ELEMENTARY SCHOOL BALL FIELDS PREPARED FOR: TIGARD-TUALATIN SrCHOOL DISTRICT PREPARED BY: Cornerstone Management Construction Inc. AUGUST 3 1, 2004 9 Aer Elementary School CUP II KEY INFORMATION Project Name: Metzger Elementary School Ball Fields Property Description: 1 S135AB00202, 203 and 204 Location: South of Locust Street, between SW Lincoln Avenue and SW 90th Avenue Parcel size: 0.81 acres Zoning: R-4.5 • Applicant: Tigard-Tualatin School District 23J 6960 SW Sandburg Street Tigard, Oregon 97223 Attention: Stephen Poage Telephone 503-431-4003 Fax: 503-431-4047 Property Owner: Applicants Representatives: Project Manager Architect Civil Engineer edmurphy&associates/ttsd/metzger]Ycupapp/8/31 /04 Same Greg Philo, Project Manager Cornerstone Construction Management Inc. 5331 SW Macadam Avenue, Suite 377 Portland, Oregon 97239 Telephone 503-295-0108 Fax 503-295-1896 Xavier Rueda Selig/Lee/Rueda Architects 213 SW Ash St., Suite 201 Portland, Oregon 97204 Phone: (503) 224-0173 Fax: (503) 224-4836 Rob Henry HBH Consulting Engineers 11535 SW Durham Road, Suite c6 Tigard, Oregon 97224 Phone: (503) 670-0499 Fax: (503) 670-0540 Metzger Elementary School CUP 10 Landscape Design Harold Beighley Beighley & Associates 12840 NW Cornell Road Portland, Oregon 97229 Telephone 503-643-4796 Fax 503-643-4798 Arborist Land Use Planner David Halstead Halstead's Arboriculture Consultants, Inc. P.O. Box 1182 Tualatin, Oregon 97062 Telephone 503-245-1383 Fax 503-295-1896 Ed Murphy Ed Murphy & Associates 9875 SW Murdock St. Tigard, Oregon 97224 Telephone 503-624-4625 Fax 503-968-1674 2 edmurphy&associates/ttsd/metzgerlUcupapp/8131104 0 A r Elementary School CUP II summARY ♦ The Tigard-Tualatin School District plans to construct ball fields just north of the new elementary school. Since the conditional use permit for the Metzger Elementary School was approved in May 2003, the District has acquired the three properties along SW Locust Street adjacent to the school campus. The District plans to remove the three existing houses and re-grade the site to create additional outdoor play area. A Conditional Use Permit is required. ♦ No new accesses to SW Locust Street, SW Lincoln Avenue or SW 90th Avenue are being proposed. In fact, the three existing driveways onto. SW Locust Street will be removed. i The District plans to improve SW Locust Street with an 8-foot wide sidewalk and 5-foot wide landscape strip with street trees. ♦ There will be virtually no impact to the sewer, water, roads and storm water systems. The number of students and staff will remain the same. The amount of total impervious surface will be reduced once the three homes and driveways are removed. ♦ There will be an Impact on the existing trees. One tree that the District intended to preserve will have to be removed, but no mitigation is required. The other trees that will be removed are smaller than 12" in diameter, or are hazardous and not preservable. edmurphy&associates/ttsdlmetzgerlllcupapp/8/31 /04 Metzger Elementary School CUP Is , This page intentionally left blank 4 edmurphy&associateslttsd/metzgerlllcupapp/8/31 /04 Ar Elementary School CUP II • BACKGROUND INFORMATION History. The three properties combined are less than one acre in size. They have • frontage only on SW Locust Street. (Please refer to the Tax Assessor's map, Exhibit 'A'). The terrain is almost flat in the area where the new ball fields are proposed. There were three homes on these parcels, but all three have now been removed. At the time the District applied for the Conditional Use Permit for the new elementary school in February 2003, the • District did not own these parcels, and therefore did not include this area in that application. (See Exhibit 'B', Metzger Elementary School Replacement Site Plan.) . Adjacent uses. The site is zoned R-4.5, as is the surrounding neighborhood to the north and east. (Please refer to Zoning Map, Exhibit 'C'). The property is bordered by school district property on the south, east and west sides. The area across SW Locust Street is • developed as residential and a church, and is outside the City limits. (See Aerial Photo, 'D'). • SW Lincoln Avenue currently dead-ends at the southwest corner of the school property, but it is shown in the City's Transportation System Plan as extending through to SW Oak Street. Description of Proposal. The new play area will be approximately 35,284 square feet. Improvements to the site and surrounding area include: ♦ Street trees will be planted along SW Locust Street. ♦ Sidewalks will be constructed along SW Locust Street. ♦ The three existing driveways will be removed. ♦ The property will be re-graded for ball fields. (Please refer to Exhibit 'E', Sheet 1.1 - Site Development Plan and Sheet 1/1 - Rough Grading and Drainage Plan. There are no sensitive lands that will be impacted by the proposed use, i.e. wetlands, steep slopes, floodplains, or wildlife habitats. Please see Service Provider letter from the Clean Water Services Agency, Exhibit 'F'. Chapter 18.390.040.B.2.e Impact Analysis: This section requires an impact study as part of the Type II procedure. No improvements to the drainage, parks, water, and sewer systems are necessary to meet City standards or to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. The District plans on improving SW Locust Street, adding sidewalks and street trees as necessary to bring this street up to current city standards. Street lighting is already in place. Following are comments regarding the impact of the proposed development on public facilities and services. Transportation Svstem: The traffic impact is minimal because access to the new school will not change, nor will the number of students and teachers be increased. There are no significant impacts to the transportation system as a result of this proposed site development. No improvements to the transportation system, other than completing improvements to SW Locust Street, is necessary to meet City standards or to minimize the edmurphy&associates/ttsd/metzgerlIlcupappl8/31/04 Metzger Elementary School CUP 1s I* impact of the development on the public at large, public facilities systems, and affected private property users. Drainaae System: The property slopes generally from the north to the south, and slightly to the east. Run-off will.be directed into the storm water pipe on SW 90"i Avenue. The storm water then crosses SW Oak Street, and flows south into a wetland area. The District has already upgraded a portion of the existing storm water pipe in SW 90"' Avenue, replacing the 8° line with a 12" line. Parks System: No impact to the park system will occur as a result of this proposed site development, other than the positive impact of having more sports fields available in the community. Water System: No impact to the water system will occur as a result of this proposed site development. There are water lines in SW 90th Avenue and SW Lincoln Avenue. Sewer System: No impact to the sewer system will occur as a result of this proposed site development. Noise impacts: Most activities during regular school hours will take place indoors. During recess, the children will use the playground on the east side of the school, as well as the ball fields at the north end of the property. During the evenings, when the neighbors are more likely to be home, the school will generally be closed. On weekends, the play fields will sometimes be used for sports events. The only nearby homes are across SW Locust Street and across SW 90th Avenue. The noise impact on the neighbors will be minimal. The noise levels from the school building and grounds will be well within the City's noise standards. Further, the City's noise ordinance, Title 7, Section 7.40.180, specifically makes an exception for noise coming from normal school activities. It states the following in Section 7.40.180 "Exceptions": The following shall not be considered violations of this article, even if the sound limit specified in Section 7.40.160 is exceeded: A. Non-amplified sounds created by organized athletic or other group activities, when such activities are conducted on property generally used for such purposes, such as stadiums, parks, schools, and athletic fields, during normal hours for such events. Lightinq; The District does not intend to install any lighting of the fields. Police. Fire and other Emeraencv Services: No impact to police, fire or other emergency services will occur as a result of this proposed site development. The property will be fenced with a 6-foot high chain link fence to prevent kids and balls from going onto SW Locust Street. 6 edmurphy&associates/ttsdl-tzgerIIlcupapp/8/31/04 0 *r Elementary School CUP 11 Chapter 18.330 of the Tigard Development Code contains the standards and procedures under which a conditional use may be permitted. Section 18.330j.030 contains the approval standards, which are as follows: 18.330.030 Approval Standards and Conditions of Approval A. Annroval 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: s The site size and dimensions provide adequate area for the needs of the proposed use; s The impacts of the proposed use of the site can be accommodated considering size, shape, location, topography, and natural features; ♦ All required public facilities have adequate capacity to serve the proposal; ♦ The applicable requirements of the zoning district are met except as modified by this chapter; ♦ The applicable requirements of 18.330.050; and „ ♦ 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. Section 18.330.050 contains additional development standards applicable to schools, which are as follows: 18.330.050 Additional Development Standards for Conditional Use Types B. Additional development standards. The additional dimensional requirements and approval standards for conditional use are as follows 8. Schools: a. There shall be no minimum lot size requirements for schools other than what is required for the applicable zoning district; b. Setbacks: (1) The front yard setback shall be a minimum of 30 feet; (2) On corner lots and through lots, the setback shall be a minimum of 20 feet on any side facing a street, plus meet visual clearance areas, Chapter 18.795; (3) The side yard setback shall be a minimum of 20 feet; and (4) The rear yard setback shall be a minimum of 30 feet. The school is also subject to the recently adopted Washington Square Regional Center Design Standards, Chapter 18.630. RESPONSE TO CRITERIA 1. The site size and dimensions provide adequate area for the needs of the proposed use; edmurphy&associates/ttsdlmetzgerlIlcupapp/8/31/04 7 Metzger Elementary School CUP Is The site is approximately 34,848 square feet in size. As can be seen on the site plan, the size is adequate for the intended purpose. 2. The impacts of the proposed use of the site can be accommodated considering size, shape, location, topography, and natural features. There are no significant additional impacts to the public facilities and transportation systems. In fact, the impact on storm water run-off will be positive because the amount of impervious surface will be decreased. The traffic impact will be also be positive, since the three existing homes, along with the driveways serving those homes, will be removed. The District is not proposing lighting the play field, so there will not be an impact from lighting. 3. All required public facilities have adequate capacity to serve the proposal. No public facilities are needed to serve the play field. Other semi-public facilities and services, including electrical, natural gas, cable, and garbage disposal are available to the site, but not needed for the play field. 4. The applicable requirements of the zoning district are met except as modified by this chapter. The property is zoned R-4.5. The proposed elementary school is in compliance with all of the applicable requirements of R-4 zone. Following is a summary of how the proposed school and site comply with the zoning district regulations. Minimum lot size. The requirement is 7000 sq. ft. per unit. There is no minimum lot size requirement for schools. Average lot width. None required. Minimum building setbacks. The setback requirements ordinarily applicable in the R-4.5 zone are superceded by Section 18.330.050 of the Development Code. The District is not proposing any new buildings on this site. Maximum Building Height. Thirty feet is the maximum allowable building height established in Section 18.510.050, Table 18.510.2 of the Development Code. The District is not proposing any new buildings on this site. Maximum percentage of lot coverage. There is no maximum lot coverage limit. The percentage of lot coverage for the Metzger Elementary School was already about 40% before adding this additional 34,848 square feet of open area. Streets. SW Locust Street is a collector street, and is already fully improved. The proposed site plan (Exhibit 'E', Sheet 1.1) show the driveways being filled in with matching sidewalk sections, and street trees planted behind the sidewalk. However, because the school is within the Washington Square Regional Plan area, the City staff stated at the pre-application conference that the District would have to improve SW Locust Street with a 14-foot wide, combination sidewalk/landscape planter strip. The District therefore now proposes replacing the existing sidewalk with an 8-foot wide sidewalk, separated from the curb by a 6-foot wide planter strip. edmurphy&associateslttsdlmeizgerlUcupapP/8131 /04 • A4er Elementary School CUP II • Pedestrian and handicapped accessibility. Pedestrians will be able to access the play field from either SW 90th Avenue or SW Lincoln Avenue, and the pathway to the play field • will meet ADA standards. • Handicapped parking. No additional handicapped parking is required. Bicycle parking. No additional bicycle parking is required. Utilities. All utilities will meet City standards. Any on-site utilities will be undergrounded. • Parking lot landscaping. No new parking areas are proposed. Parking lot lighting. No new parking areas are proposed. • Minimum percentage of site landscaping. No minimum percentage of landscaping is required, but about 60% of the Metzger Elementary School site is already in landscaping, play fields, and landscaped areas, even before adding this additional 34,848 square feet of play field area. Buffering and Screening. Buffering and screening is not required in this case. The screening that was proposed around the three homes on this site in the Metzger Elementary School application is no longer necessary, as the homes will be removed. (See Exhibit 'G', Landscape Plan submitted with the Metzger Elementary School CUP application). 5. The applicable requirements of 18.330.050. The District is not proposing a new building on this site, and no setbacks are required for a play field. 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. The following information addresses the other chapters of the Code. Chapter 18.360 Site Development Review. This proposed use is not subject to the Site Development Review Chapter of the Development Code (hereinafter "Code"). Section 18.360.020.A.5, under "applicability and exemptions", says site development review shall not apply to "any proposed development which has a valid conditional use approved through the conditional use permit application process". However, many of the submission requirements and development standards applicable to a Conditional Use Permit application are the same as for a Site Development Review application. Chapter 18.630 Washington Square Regional Center Design Standards Most of the standards set by this Chapter do not apply to the proposed school play field. Section 18.630.090 Landscaping and Screening, applies because SW Locust Street is a collector street. The following describes how the proposed development complies with the applicable sections of this Chapter. edmurphy&associates/ttsd/metzgerI]Icupapp/8/31/04 9 Metzger Elementary School CUP 10 18.630.040 Street Connectivity B. Demonstration of standards. All development must demonstrate how one of the following standard options will be met. Variance of these standards may be. approved per the requirements of Section 18.370.010 where topography, barriers such as railroads or freeways, or environmental constraints such as major streams and rivers prevent street extensions and connections. 1. Design Option. a. Local street spacing shall provide public street connections at intervals of no more than 530 feet. b. Bike and pedestrian connections on public easements or right-of-way shall be provided at intervals of no more than 330 feet. 2. Performance Option. a. Local street spacing shall occur at intervals of no less than eight street intersections per mile. b. The shortest vehicle trip over public streets from a major building entrance to a collector or greater facility is no more than twice the straight-line distance. c. The shortest pedestrian trip on public right-of-way from a major building entrance to a collector or greater facility is no more than one and one-half the straight-line distance. The site is approximately 250 feet of frontage on SW Locust Street. The entire site has approximately 440 feet of frontage on SW Locust Street. No formal pedestrian path is being proposed across the site, as there are sidewalks along SW 90t)' Avenue and SW Lincoln Avenue that provide adequate pedestrian access to the school.. However, there will be direct pedestrian access to the play field provided by a pedestrian/bicycle opening in the fence along the SW Locust Street frontage. 18.630.050, Subsection 3, Front yard setback design. This standard is not applicable. 18.630.050, Subsection 4, Walkway connection to building entrances. This standard is not applicable. 18.630.050, Subsection 5, Parking location and landscape design. This standard is not applicable. 18.630.090 Landscaping and Screening. The following section applies to the proposed elementary school. A. Applicable levels. Two levels of landscaping and screening standards are applicable. TL 1 .VCZi4:11V.« ...4L.. a.. inn is rn.i~rn~ one tAA rlc.nth nfthP ~anr~eranino 11J ...1. W11G1G LL1G 1a11LLJca« 1J111g Vr Jcrv~. unr~lull~ iJ 11161 i~aiuuvu cuiu uav uvrua va uav a"`a"v.."Y~"b or screening are defined in other sub-sections of this section. These standards are minimum requirements. Higher standards may be substituted as long as all height limitations are met. 1. L-1 Low Screen. This standard is not applicable. 2. L-2 General Landscaping. For general landscaping of landscaped and screened areas within parking lots, and along local collectors and local streets, planting standards of Chapter 18.745, Landscaping and Screening shall apply. In addition, trees shall be provided at a 10 edmurphy&associateslttsdlmetzgerlllcupapp/8/31/04 • • *.er Elementary School CUP 11 • minimum 2-1/2-inch caliper, at a maximum spacing of 28 feet. Shrubs shall be of a size and • quality to achieve the required landscaping or screening effect within two years. The District will meet the L-2 landscaping standard (Section 18.630.080) along the north • side of the school site where the play field abuts SW Locust Street. That is, trees within the • planter strip will be planted at 2-1/2 inch caliper, at a maximum of 28 feet on center. Chapter 18.705 Access, Egress and Circulation. This section is not applicable. Chapter 18.710 Accessory Residential Units. The Chapter is not applicable. Chapter 18.715 Density Computations. The Chapter is not applicable. Chapter 18.720 Design Compatibility Standards. The Chapter is not applicable. Chapter 18.725 Environmental Performance Standards. This Chapter applies the federal and state environmental laws, rules and regulations to development within the City of Tigard. ♦ Noise. As noted previously in this application, the City's noise ordinance makes an exception to the noise regulations for schools, in Section 7.40.180. ♦ Visible emissions. This applies only to areas zoned commercial or industrial, and is not applicable to schools. ♦ Vibration. There will not be any vibrations emanating from the school property that will be discernible without instruments at the property line. ♦ Odors. There should not be any odorous gases or other matter generated from the school property in such quantities as to be readily detectable at any point beyond the property line. ♦ Glare and heat. The will be no direct or sky-reflected glare visible at the property line, or any emission or transmission of heat or heated air which is discernible at the property line. ♦ Insects and rodents. There will not be any materials stored on this site that might attract insects and rodents. Chapter 18.730 Exceptions to Development Standards. This Chapter is not applicable. Chapter 18.740 Historic Overlay. This Chapter is not applicable. Chapter 18.742 Home Occupations. This Chapter is not applicable. Chapter 18.745 Landscaping and Screening. Even though Site Development Revision provisions do not apply because this application is for a Conditional Use permit rather than a _L_._J__J_ .mite Development Review, the standards or this Section provide guidelines to mitigate any impacts on the neighboring property owners. Bufferino and screening. The buffering and screening matrix (Table 18.745.1) does not show a requirement for buffering and screening between existing detached single-family units and institutional uses such as schools. Further, all single-family houses are across streets from the site. Therefore, no buffering or screening is required. edmurphy&associates/ttsd/metzgerILIuwapp/8/31/04 11 Metzger Elementary School CUP A Street Trees. The school property has frontage on a public street. The site plan proposes street trees on SW Locust Street. Screenina. This standard applies to screening and landscaping of parking lots and loading areas, and is not applicable to play fields. Erosion Control Measures An erosion control plan will be submitted by the civil engineer. During landscape construction, erosion control measures will be implemented to prevent degradation of the site and contain landscape materials on site. Chapter 18.750 Manufactured/Mobile Home Regulations. This Chapter is not applicable. Chapter 18.755 Mixed Solid Waste and Recyclable Storage. This Chapter is not applicable. Chapter 18.760 Nonconforming Situations. This Chapter is not applicable. Chapter 18.765 Off-Street Parking and Loading Requirements. This Chapter is not applicable. Chapter 18.775 Sensitive Lands. There are no sensitive lands affected by this proposal. Chapter 18.780 Signs. The District is not proposing any new signs at this time. Chapter 18.785 Temporary uses. This Chapter is not applicable. Chapter 18.790 Tree removal. There are four existing trees over 6" in caliper on the site, which are shown on the Tree Inventory map, Exhibit 'H'. All four of these trees are hazardous and need to be removed. Since there are no preservable trees over 12" in caliper being removed, no mitigation is required. Please refer to Exhibit 'I', Tree Assessment Report. One tree slated to be preserved in the Metzger Elementary School CUP application (CUP 2003-00003) will need to be removed. Tree #253 will need to be removed due to its location within the proposed play field. No mitigation is required. Please see Exhibit 'J', letter from David Halstead. Chapter 18.795 Visual Clearance Areas. This Chapter is not applicable. Chapter 18.797 Water Resources (WR) Overlay District. This Chapter is not applicable. Chapter 18.798 Wireless Communication Facilities. This Chapter is not applicable. Chapter 18.810 Street and Utility Improvement Standards. The site plan shows SW Locust Street improved to City standards. The improvements to SW Locust Street will bring it up to current City standards, including separated sidewalks with street trees in a planter strip. The site plan does not show an 8' sidewalk with a 6'-wide planter strip, but that can be made a condition of approval. 12 edmurphy&associateslttsdlmetzgerll/cupapp/8/31/04 • • Aer Elementary School CUP H CONCLUSIONS The addition of another play field for Metzger Elementary School provides a substantial benefit to the neighborhood and the entire city. The proposed new play field meets the criteria for a Conditional Use Permit, and complies with all of the applicable development standards. edmurphy&associates/ttsdlmetzgerlllcupapp/8/31 /04 13 Metzger Elementary School CUP A • This page intentionally left blank 14 edmurphy&associateslttsd/metzgerlllcupapp/8/31/04 • • • • • • • • • • • • • • • • i • • • • • • • i • • • • • • • • i • • • • • • • Aer Elementary School CUP H Exhibit'A' Tax Assessor's Map Showing the Location and Dimensions of the Parcels Exhibit 'B' Metzger Elementary School Replacement Site Plan Exhibit'C' Zoning Map Exhibit'D' Aerial Photograph Exhibit'E' Site Plan, including: 1.1 - Site Development Plan - by SLX Architects 1 /1 - Ballfields Rough Grading and Drainage - by HBH Engineers Exhibit'F' Service Provider Letter from Clean Water Services Exhibit 'G' Landscape Plan from Metzger Elementary School CUP application Exhibit'H' Tree Inventory Map Exhibit'I' Tree Assessment Report, Halstead's Arboriculture Consultants, Inc. Exhibit 'J' Letter from David Halstead Regarding Tree 253 Exhibit 'K' Neighborhood Meeting Documentation Exhibit'L' Pre-application Conference Notes edmurphy&associateslitsd/metzgerlllcupappl8/31 /04 (updated 9126104) 19 Metzger Elementary School CUP I* 16 This page intentionally left blank edmurphy&associates/ttsd/metzgerll/cupapp/8l3l/04 • Ex h i b it `A' ° (CR. 753 - 50' WIDTH) ~0 I 25 T 5339.42 50 1 50 t 50 1940 I SO 50 1 50 7 50 1 50 I 50 50 1 50 0 I co 100 202 2031 1204 6 56 AC. .22 AC. .24 AC. .35 AC. D D t 3 2 f gl Ig 4 3 p°- 2 1 02 4` 3 p 0 2 soh _ o R 1 ° i-- ; K o W m W n • G~. 1 a m m Lli O m ~ 4 50 5. Ld ° - -d- 1 100 50 I ry m Q 1 0 1 12 5 12 %1 Q :n 5 5 12 ° 1 5 71 ~ 6 > n (191 50 i 100 ci (62.50) - 3750,1 (31) -4- - - - - - -m trod);-.. I 0 6 II T 30 30 6 1 11 °I I° 6 II $ ULA r i I 1 10 S I_ I I E- oti / 4 1 272.02 o I !2 W w t 7 8 9 <11 2 7 8 10°I 127 8 9 10° W I I` m ZI A, m M I o, h (350.) 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Q,,g- 97224 C u n : u I' 1 i n . >OL67wNVY. i.,x 503/6701540 I: n f. i n r. ,nnil: mallAhbbctxisulli'nl,.vu N 'y" Do 5 FIGARO-TUALATIN SCHOOL DISTRICT NO. 23J S m ti i 10255 SW 901H AVENUE TIGARD, OREGON 97223 0 224 b'W WRIT AANuk PCHUNR OM NI9720• 71503.224.0113 f1503.224 4831 Sir u i u-r i O a u I N nur -firrz Ul SEP O 9 2004 File Numbc l y6 p►~ ~ , J C,learlV ater Smic,eS BY ig"gitivic -Screening Site Assessmcnt r)ai cuq~lnihnenl is Clem. Jurisdiction CJ4 0t" Date Map & Tax Lot 1$135 a 00 oz $-:Pat ?Jq Owner Site Address g410_, Z o r, qiiio . S~1R.o.~u S Contact Proposed Activity _ va ~5l oo( Address Phone Exhibit `F' q/0 0_ Greg _ o i e e 's Yudro. ,rr331 sw Mo~Aa.:~ 77`. ~o"~(eed, OIC..~7 L39...-- 503 - 285-0(06 6,03-2-15 1814, lag 317. 3295 C ell Phone 0MC181 use only "'1UW UUa line Y N NA N_ NX ❑ Sensitive Area (,'ornposite Map /.Sl. Map ❑ ❑ Locally adopted-studies-or maps Specify ❑ t ~ g Slormwaler Infrastructure maps 1 QS It q/A6 _ U ❑ 10 Other Specify Based on a review of the above information and the requirements ofClearr-Water Services Design and Construction Standards Resolution and Order No. 04-9: ❑ Sensitive areas potentially exist on site or within 200` of the site. THE APPLICANT . MUST PERFORM A SITE CERTIFICATION PRIOR TO ISSUANCE OF A SERVICE PROVIDER LETTER OR STORMWATEITCONNECTION-PERMIT. if Sensitive- Areas, exist on the site or within 200 feet on adjacent properties, a Natural Resources Assessment Report may also be requirod. ® Sensitive areas do not appear to exist on site or within 2OW oFthe site, This pre-- screening site assessment does NOT eliminate the need to evaluate and protect water quality sensitive areas if they are subsequently discovered on your proporty. NO FURTHER SITE ASSESSMENT OR SERVICE PROVIDER LETTER IS REQUIRED. THIS FORNIWI'LL SERVE AS AUTHORtZATIORtTO ISSUE A STORMWATER CONNECTION PERMIT. ❑ The proposed activity does not meet the dofinition of development NO SITE ASSESSMENT OR SERVICE PROVIDER LETTER IS REQUIRED. Comments: Reviewed By: Post-it" Fax Note Tot-/L'a►r~oi_L~! . CmMept_ Prone M 7671 Fax 11 5 a 3 _.2 9.1'_ ,e/ Drrc I / G paeges~ From ~ w L fl ~.w cn. ~Phun~~ So3 -68/- 36~s Fax M Date: Allel'0 y Returned to Applicant Mail Fax TK Counter Date Iv Y Byt~ • LANDSCAPE PLAN NOT~S Condltional aloe Perelt Application ~.Y.o; L Location or trees to be nr, are urea heattYg trees greater tian e' alilpr tut will be d. (11e0143y3W 'P iron re One Fezardoas Nees "ter tkn 0' eallper Ihet will be A OUV56, 719! . at,';, , e« plan and 6eand for Neel to be pre rved and trees to be .1 ch's to constriction, f. Location Wm and specles or existing plat matrlah are noted on w plan per Purvey and arbor at report. 3. wnerai location alts and species or proposed plant material, • wnral location of plant material is show on the plan Size and gareral species of plant material is noted In the plant legend • A. Landscape nenatlw Re- son co,dnlems. plant material selection sell tnatmmt, and erosion c"Ilrol maces, See CrdltloNl the Permit Application 5. Location and description of Irrigation system Twe win be a minimal Irrigation "tam for this project. The Intent to for as propoaed plant material will be watered 2.3 years, until the plants are establlslyd e. Locatlcn or lances, buffer areas. and screening. The location or renca, buffer areas and screening to shown on the plan 1. Location of terraces, dodo, shalters, play areas, and common open spaces, The location or rences, buffer areas and screening Is shown on the plan • e. 0urfrag and Sre"i The Mena Ica to create landscape buffers or trees and lam snubs and grovKkovr. Adjacent uses will be ..._J with ferret. Tail, date drubs will not be used due to securlty Issues. • • ' LEGEND SYMBOL DESCRIPTION - • Large Deciduous Tree (50.801 • 2" caliper • I.e., Red Oak, Honeylocust, Ash • 0 Proposed Street Tree _ Per City of Tigard Recommended Street Tree List 12' Caliper, 40' on center) Le., Tulip Tree, Red Oak, Sugar Maple ~(l Medium Deciduous Tree 120-401 • 1.5" caliper Le., Flowering Pear, Eastern Redbud, Red Sunset Maple 0 Small/Medlum Evergreen Tree 420-409 - 8'-8' lab • Le., Austrian Pine, Shore Pine, Leyland Cypress • ® Small Tree 115.25') • 1.5" caliper Le., Vine Maple, Flame Maple, Hollywood Juniper ffm Groundcover/Shrub Bed: Shrubs - 5 and 3 gallon: Groundcover - 1 gel and 4" pot Le., Native and hardy ornamental shrubs and groundcover • • Kinnlcklnnk:k, Winter Currant, Salel, Oregon Grape, Snowberry, etc. VIA Additional Landscape Areas; Pervious surface • Lawn • Trees to be removed during construction • ~g 243 (a) Trees to be removed during construction greeter then 12" caliper. ui P4 Hazardous trees to be removed during construction greater than 12" cslipn, . , ~ s3M1Ar •t~. ~g T J u ► i z 0 a (•!s 308NOw) 3hY Nloa Z u z IUZ !1o4 I~Y Z jZ7 i I I I 'D ~ I i - of I'- V) I I U: s J 01 NI i r l~0 I U WZ \ I Z C) z !Z=3 I -77 J (73 N V1 ~ C3 to Z J Z ZW W ZN NK Y a - C) %o z Z Z IA. Z r 0c l1S~d0-~Yl) ~"r JAv ONZ6 MS % Exhibit `G' 0. \ boa \ \ '010 ~ a o 3 l~ N \ \i 3ale~ ~ U II zI ° i2UO i LJ WW \ gC N \ Q 0r-: O ~J WW v tODNm•f va 0Q as i D i K 4 \ u.~ k r t\\ \ O O FIN' :5 N"OW V) K w ~ ~ K \ \ ~r 9M U O \ UtU} W WW UW ; ~\I - a \ _Y \ .~J 4 Zj In ~ J Zj 1 ~ UJI W c~ ~ t W f LANDSCAPE PLAN Exhibit `H' • • c - I 277 i _C l E Ii2 SW LOCUST STREET x-212 212 I c ,0 j TRANS QRM PR ~.A°33:D3'~~ ~ I.-OpiI (J i Co ;;-'o DEED DO". NCO.89' vOIRDED f'9tTJ. L Zr ~ \ -109 IG, If L I I I ~ o L ~f CXI 14 I\ ~I i { i - _ 21 212 L 211 ~ 210 CD 0 046 Ol6 h96 0 1 j ^ 596 x i i11 ~ K I I i 1. z 096 1 G 66 209 .'.wry; I I \ ` :)lei .i1a_ Z96 1V r I i~ ,3 tj ll,~iCp~, N\ vv- , I L 00 11 G ~ _ it 21, , ~ 1112 f - ; - - ~ - - ~ -1h _ "I'`'LK y - - Ir• ' "~l 201 e....~~ 11 • HALSTAD'S • ARBORICULTURE • • • CONSULTANTS, INC. ` David Halstead, Consultant, B.S. Phillip Whitcomb, Consultant • ♦ P.O. Box 1182 • Tualatin, OR 97062 (503) 245-1383 49 Exhibit `I' "Specialists in the care and preservation of trees" • • July 14, 2004 0 ATTN.: Mr. Greg Philco • Comer Stone Construction Management, Inc. 5410 SW Macadam #250 0 Portland, OR 97201 r Ph 503.317.3295 FX 503.295.4585 r 0 Reference: Tree Assessment for Proposed Development Location: Metzger School, 9080-9140 Locust Street 0 Tigard, Oregon . Subject: Tree Survey/Mitigation Report 0 With your approval, I have inspected the site, site plan and the trees for the • proposed project located at 9080, 9100 9140, Locust Street, Tigard, Oregon. The 0 purpose of this inspection was to identify and evaluate the preservation potential f ll t l i h u o a rees twe ve nc es in tr nk diameter (measured at four feet above ground) and larger under the forthcoming construction in accordance with the City of Tigard's Tree Ordinance Chapter 18.150. i I have tagged and numbered all trees, both in the field and in this report that will • be affected by construction development using JK96961 through JK96970 series tags for easy identification. For this report, only the last three digits will be used. a The first numbered tree starts on the southeast comer of Lot 9080 and Zig Zags • towards the west. TREE ASSESSMENT • There are a total of ten (10) trees located within the project boundaries. Six (6) of these trees are under are less than twelve inches in trunk diameter measured at four feet above ground and are not required to be part of the City of Tigard's i "Tree Mitigation Identification Program." (See individual tree work sheets). This leaves a residual of four (4) trees within proposed hardscape boundaries that are twelve inches in trunk diameter and larger that are required to be part of the City of Tigard's "Tree Mitigation/Identification Program". 1 r 40 Email: hac@spiritone.com www, halsteadsarboriculture.com i CCBn 0068646 to 0 0 Page 2 Reference: Tree Assessment for Proposed Development Location: Metzger School, 9080-9140 Locust Street Tigard, Oregon Subject: Tree Survey/Mitigation Report TREE ASSESSMENT CONTINUED: These four (4) remaining trees that are over twelve inches in trunk diameter measured at four feet above ground are hazardous and need to be removed. This leaves zero (0) preservable trees within the proposed site. Hazardous trees are as follows: Due to this area being used as a school grounds immense care was taken in establishing the safety of the trees. Hazardous tree within the arooosed site over 12° in diameter at 4.5 feet above ground are numbered: Tree 961, 964, 965 and 967. Trees that will be oreserved are as follows: There are no preservable tree within the proposed hardscape over 12" in diameter at 4.5 feet above ground. Preservable tree boarding the east proposed site that are over and less than 12" in diameter at 4.5 feet above ground will require a "Tree Care and Preservation Program°. Amount of Preservable Trees Retained = 100% (4/5"100) "Retained percentage of 75% or greater of existing trees over 12 inches in caliper requires no mitigation" according to City Ordinance 18.150.025 - 2b. Tree Care and Preservation Guidelines: Before construction begins, the east neighboring trees root zones will need to be protected by the installation of orange colored Tree Protection Fencing out to the canopy dripline of preserved tree including the west. s • • • s • s s s s s e Page 3 July 14, 2004 • Reference: Tree Assessment for Proposed Development Location: Metzger School, 9080-9140 Locust Street Tigard, Oregon Subject: Tree Survey/Mitigation Report Tree Care and Preservation Guidelines: Before construction begins, preserved tree root zones will need to be protected by the installation of orange colored Tree Protection Fencing out to the canopy dripline of preserved tree including the west neighboring trees. Fencing needs to be attached to 7-foot tall steel fence posts placed eight feet apart on center forming a protective line around the preserved trees and fence posts need to be securely anchored in the soil to a depth of two feet. The fencing, as described, will need to be maintained throughout the entirety of the project. Before work starts within the protected area and/or if the fencing needs to be adjusted due to hardscape construction, it will first require the approval of the consulting arborist and then be supervised on-site. If I can be of further assistance and/or if more technical information is needed, please contact me immediately. Sincerely, James Lowery PNWC #1808 David Halstead BS, CA Ree p es: _~~Jr 081k oltYUntcs Hw d I I]GL Form: O genemily symmetric O inor asymmetry Xr asymmetry O stump sprout O stag-headed A Crown class: O dominant dominant O intermediate O suppressed cr Uwe am ratio: R O % Age class: O young O semi-maiure mature O over`maturetsenescent A 36 Pruning history: O crown cleaned O e =ssk hl thWW O topped raised O pollarded O crown reduced O flush cuts O cabled/bra O none O multiple pnmtng events Approx dates: / SpedatValue: []specimen O heritagelhlstodc O wildlife O unusual O street tree O screen shade O Indigenous O protected by go% TM HEM= z Foliageco1a: O normal qhlarotlc O necrode EOC@n dW YZ911, f Grove Foliage density: O normal ~ size: O normal O stakes O wirWUes O signs O cables Ammral shoot growth: O excellent ~ or IWg Diebadw? Y N Ocurb/pavement Oguards Wonadweed deepoat Oexceltent : p poor O none O other Vigor lass: O excellent ,O wrafi , oor Major pests/diseases SM CONDit10MS Sits Chancier. Neighboring Property S E W # Feet O open space O natural O woodlamditi st La*cape %nw%~.,. Open Area Hill Side Formal (~oodland/Forest Overhang Road Irrigation: TREE DEFECTS RWD8WM I a o Suspeetroot.rot: Y6 11, 1 OP 'Okedo Y 1D: Epxposeedd mobs r~O severe O moderate.,~,,111 v Umdmmlned: O severe O moderate ~3•lo9 rr - ow~iYI U1r prewice otbffi* tN d xid rate M* .4e* (s a sew~ r fl a ~ I y~ rq*mr I noor~w 71M~t Pbortaper Box =MW t1A~rteaiaadranarts ~ S ~ ~ Inehmted track (Z' Btessin end wwdW ) Kowa wlNrd IN wbwdbtm DOW Caft Ilkeentoo ft wr Loosmliaarhwra bark Itolelbee twwiue - Dead+roodl'stirhs Bcuers~rrweiestanwwrs AA >I ~ t t f ,net id 44J J -,41) 1 ),4 I I 17 U,6I- Ab A-A n ~ • Two k. Speclem ~5~%~ •~d-~'i, r - DGL U • OBH: # of trunlrs: Helpdt.~.'~ __Spre~/ad: ~j Form: ❑ gene~rallyy metric, O minor asymmetry ~hnajor asymmetry O stump sprout O stag-headed • Crown class: 'dominant O co-dominant ❑ intermediate O suppressed e/senescent atur Live crown ratio: - 1 % Age class: 0 young O semi-mature ❑ mature 7dC Pruning history: O crown clpand'd etacessivety thinned O flopped ❑ crovm raised 12 pollarcrown reduced ❑ Bush cuts 0 cabled/bra • O none ufdple pruning events Approx dates . Speclat Value: O specimen O heritagelhistorle O wIldlife O unusual O street tree O screen O shade O indigenous O protected by gov . Tiff REAM • Felt* color: O ddorodc O nerxodc Epkeresicst v N Grorth obstroetloes: • Foliage density: normal O sparse Leaf size: noormai O smag O stakes O wireMes O signs O cables Annual shoot growth. O excegent , O average or TvAl BlewA? YU O curb/pavement O guards Woundwaad development: O excellent O average O poor O'none O other Vigor class: O excellent. gave e O bir poor JrUA • Major posts/diseases: RM CONDIT M Site Character. -Neighboring Property'q S E W # Feet j C3 open space ❑ natural OwoodlandVorest • LandscapeIW v m `Open Area Hill Side Formal (J Woodland/Forest Overhang Road 1 1 *TREE DEFECTS ORQOTDEFECM • Suspect rootirot: Y MOM A '-I prss 1 11 Y(v Uk Etposed MI ❑ severe I3 moderate IR_W Urndsmdned: ❑ severe O moderate MIbw • 010101 119M hdicate presence of kxfivkkW dctecb and rate their save* (s. srm% m = moderate. I = low) D IDOitCilQtA 71N~I ~ oS Pbortooer ! Bart. sweep I I ma 11w I I I Inckded bark ~DoxssiYe end wait fit I I I cracks►fntits I I I a HanQds I 1 ~ ~ IJer,~r I I .N ~ I • Cavihi I I I r BbCd-enmbao tiow r I • Loose&&W bark • Nesft hob&m lwe I ,;71/ 1 e oeadwoodmft P I • _ I 0 ..eMULd,a % K_ L16 I Al J 7W WBACTW= TWOk 96~ species OBH: of hunks 4 Height DGL I ;7/'i Form: genen~Uy mWe C3 minor asymmetry O major asymmetry ❑ stump sprout O stag-headed AV~ Crown class: ominant O co-dominant O rrnediate O suppressed Live Crown ratio: 9o Age claw.: young O seml-mature O mature 0 over-mature/senescent Pruning hislay: O cleaned O excessively thinned O topped O crown raised O pokrded O crown reduced O flush cuts O cabled/bra ( 1516w O multiple pnmkV events Appm dares FoBaoe calm: Knormal O rdrlorotic O netxodc =h Y ~ &Vw& Foliage density: ~hormal O sparse Leaf size: O small O stakes O wlrellies O signs O cables Anneal ftd growth: O e:a~l cud 13average Qpoor TwIg Dieback? Y No O curb/pavemerd O guards Woandwood devel Ient O average O poor O none O other Vigor do= 1416 O average O fair O poor Major pests/dlseases: SM COMDI'~11 - ~y - - Sete Character. Neighboring PropertoS E W # Feet? ❑ open space O natural ❑ woodlandVorewf landscape 1~ notw~`Open Area Hill Side Formal (v6oodiand/Forest Overhang Road ( 1 TREE DEFECTS - BW DEFEM SuspectraotimtS v.w'm' in 0 RAW pteseet T~ 1o- Ez~®d roots` 0 moderate O low Undenoloot O severe 0 moderate kow C wwX bdicaGe presence of indiwidW defects and raft fw* sere ft (a = serener m = moderaft. I s I* MMI• I titla0iC8~ I 11t1tl~ 1 scum= I Ptw%w Box =ew CodonrirwdsAorks I 1 I Nrdriiotea 1 I ~ i Included hark ! I I -E~aoeedwe erd x~iofrt I I cradsl~olBs I ! ~ s ! ! i~lydboo wlo 1 uulslsewn i I 1 I ~,r 1 ~ I I Bleedarolto Bow I I t.n~xachm beds I 1 titesVaV holdbee Idwe I t I / I oPa I modlslarhs I 1 I . j Borersft 'I sr~ t7 AL e6- l A Olt A w 4_8W. Q. O protected try wow: pec(af ValuTWe:REAM ❑-specimen O heritagefilstortc ❑wildli[e ❑unusual O streettree O screen ❑strode O indigenous • 'Ilse fi: h t Spedoa: ~ . • DBH: -jx"lt of hunks: Heigbt . Spread: ~ DGL j' • Form: ❑ generally symmetric nor asymmetry ❑ major asymmetry El stump sprout ❑ sta -hPsled i 0060 4 Crown class: D dominant '44-dominant ❑ intermediate O suppressed Live corm ratio: % Age class: 13 young fir] se re 'Rhiature ❑ over~mature/senescent ~ 0-0 excessivelythinned bKpped raised ❑ pollarded ❑ crown reduced Oflush cuts [3 cableftra Pruning hisbry: Mm D now multiple pnrnhg events Approx date SoadatValue: ❑ spedmen O herdagefilstadc CI wibtlte O unusual O street tree been t ode Mdigenous O pro>ected by gov. TIDE HEALTH • Foliage color: 0 nomrai Foliage density: ❑ normal • Annual shoot pw tic ❑ 1 • Womrdwood development: & &6=-W ❑ necrotic T lpars of se: ❑normal Osmall oaellnt e average ltl~door Twig Dieback? YCN • 13 excellent e O poor ❑ none Vigor class: O excellent ❑ average 'r 0 poor • Major pests/diseases: SITE CONDMM • $ite Character: _ Neighboring Property N S E W # Feet GM96 ObSINUBM D stakes CI wirettles O signs ❑ cables ❑ curb/pavement ❑ guards 0 other D open space CI natural ❑ woodlandVorest • Landscape none Open Area O Hill Side O Formal (vKWoodland/Forest O Overhang Road Ida .o 1 1 • TREE DEFEas • `norm apirmi pre:eet YC It Suspect rootJrot: Y • Dosed roots` 0 severe D moderate O low Undermined: O severe CI moderate ❑ low • IitO W brdreate presence of defects and rate their sevedly (s = severe, m = moderate. I = J* Of MI fiIIW I 1 7ti- 9 r I I • Poorum t Bo+rc sweea i codomiAardslfortrs I • Mrrltiofea~lar~ I Included barb 1 ftesda end weinht I I I H I 1 moo • 1Monndsl~arn I I I I cC Bfeedarol~o t?aw I I loosmt ached bark I I • fl r,aro hobbee hiwe I I De d dihkft 1 I a woo Borerslterrre~estargs ~ - I • I .I 1 I I ) )r >.1-:7W LO IA • TREE C~usncs Tree t- R spedes: DBW of temks: ~~Heigbiw Spread: DGL c~ 70 Form: O generally symmetric tA'htirtor asymmetry O major asymmetry O stump sprout O stag-headed Crown class: O dominant 44 -dominant O Intermediate O suppressed Live mown raflo: % Age dast O young W*HTMWre mature O over-maturelsenescent . O craven cleaned O e xcesstvely thinned O topped aised O pollarded O crown reduced O flush ads O abledlbm Pruning hmil' O none O multiple pnming events Approx dates: 100SpedatValue: O specimen O heritage/hisb* O wildlife O unusual O street he O screen O shade O Indigenous O protected by you TW HEAM Foliage cofor: Yinormai O chbi tic O necrotic WWMW YN GMWM Uktruldwex Foliage density: norm arse Leaf sire: CMom►al O smag O stakes O Wlre/tles O signs O cables Animal shoot growft Wnt O average Upoi-P-0-Wor Dleback? YN O curb/pavement O guards Wowdwoed development O nt O avea O none O other - Vigor elass: O excellent Ze o poor Major pests/diseases: sm-COMIUM $iteChMaeter. Neighboring PropertoS E W #Feet r Oopen space Onatural Owoodlandiforesf landscape W U f 1 Open Area Hill Side Formal ( ~Voodiand/Forest Overhang Road none ` TREE DEFECTS ROO WEM suspect rootrot ~'Wvem Y 3 pre k Y I9 at Exposed mabc O moderate O low UodermMed: U'severe ❑ moderate O low p101YN DNMlsL IndicaEe presence of 6tdi4drtal defxts arrdyyraps their severely (s a serer% m = moderate, I m low) DEFECT IIt00i Ci1D~ 1 1ilN~ tGR01Da Pbor%W eoux saeoeu M cedardrw~fForb ~ I /1~ Idrrpiole . Incirded twk l3oossslve end CradmAmIfts Gkfinq VANOd5ftam I]ecav . : K. CRAV nwhamirrorWaraCkelt Looseltrackw bart N~esyf~en~yhyok/b~e~e I" YfY/AYW.1~.tN Bwaslternidesthm r i i I I t I I - I I -AA* • TFee fl: Species r %"A/ • DBL. 1 f oftnmks: gdt...ALL Spread: OGL l _ 70 • Form: ❑ generally symmetric La7 m r asymmetry O major asymmetry O stump sprou[ Ostag-headed i • Crown class: O dominant ominant O intermediate 0 suppressed Live crown ratio: % Age 0 young ❑ semi-mature B'madure O over-mature/senescent Pruning hkWr. 0 crown cleanild- 1U=velQfitnned 0 bopped O crown raised O pollarded O crown reduced 0 flush cuts 0 cabled/bra 0 crone plc pambrg events Apprn dates: • & SpeciatValue: 0 specimen 0 hedtageRtlstodc O wfldlHe ❑ unusual 0 street tree 1ldshade O indigenous 0 protected by gm. • TREE HEALTH • Forge rotor: f 0 ddorotic 0 necrotic Y 6ro S ob~room . Foliage density: 11 rmal - O sparse Leaf size: nomral O snag ❑ stakes ❑ wire/119s 0 signs ❑ cables • Annual shoo) growth: O excellent Lravemmfal poor Twig DLehack? Y'~ O curh/pavement O guards • Woondwood devel of ❑ excellent O poor ❑ none O other Vigor class: excellent 0 average O Lair O poor • Mayor pests/diseases: • $110 Character: Neighboring Property E W # Feet . O open space 13 natural ❑ woodlandlforesf landscape type; • Irrigation: ❑ n\, `Open Area Hill Side Formal ~Woodiand/Forest Overhang Road i 1 • InLL DE - - • pOpTDEFEI+'lBr • Sur etrootrot Y T present YCN - • Exposed mole: "ere 13 moderate ❑ low Undermined: Irssevere O moderate ❑ low C WA BH&71 bndcate presents of itxlfvidrral defects and tabs Ureic severely (s =severe, rn = moderate. l = low) • WWI Pbort~er seas swao • • lnckKkd bark • •F~acessiweendrraoht • NEW Decar, • Oonikshnushrconuftacket BleeftwhanHaar • f msak achm bark • 1leserm hotelbee luive D d dlwt h • ea woo rr s Barersllenruitiessr~ IM, scum= i i r ltee ~ Speolox DBIt # of Units: - Hoight: OGL - _TJ C? (1) Farm: O generally symmetric O minor asymmetry or asymmetry 0 stump sprout O stag-headed . Crown class: O dominant L'kominant O Intermediate O suppressed Live crown ratio: % Age class: O young semFina4rre mature O overvmature/senescent . O crown cleaned O excessively thinned Q topped tk6m raised O pollarded O crown reduced O flush cub O cabled/bre Prame9 hiftY' f * O none O muMple pruning events Approx dates: ~ " 4peclat Value: [I specimen O heribge/hl todc O wildlife O unusual O street tree Q shade t M-ilgenous O protected by got TW HEM M Foliage color: D normal Foliage density: knormal banal shoot gmwtlx t9i Wamdwood development Vigor lost O excellent Major pests/diseases: M"rotic / sparse uxelierrt O t Zora len ge O neaotlc Ak mics? 041. taffA e>dacft= Leaf d m O normal O sm o . O slakes O wireAles O signs O cables were Qpoor T*Ig Dieback? Y N O curb/pavement O guards e O poor O none O ether Ofair O poor SITE CONDMM - - $[te C mullee Neighboring Property( SEW # Fe~ ❑ open space O natural O woodlandVoesf Landscape W \ . WON= O none Open Area Hill Side Formal Woodland/Forest Overhang Road ( ) TREE DEFECTS ROOTDEFFCT& Suspect rout rot: Ypeek Y Uk evosed mots: O severe 0 moderate irfi- Undemlaed: O severe 0 moderate l ever awnseam hrdicate presence of itrdrviduai defects and rams their wia* (s - severe!, rn - moderate, I -low) DEFECT flbOtl' I 71ttfAt SG111faOi Poortaoer I C, Baas: sweep I I I Ilamtfotea~adsmcrsb~ I I ~ s ~ - included bark _k IL7- BUS* ad «eigbt aadmftdft I 't Glyd6rra I I tMoundal~aro , I l ~ Deaer 1 I fly I Bieedisrsf~nBaw - I Looseitraftd bark j " holelbee tin I I Deadwoodtkft . I I BorcrslferrruMesI I 4e, , 2-fti'>v ,.l I c, 44 • TREE • Two Spades: 7024~626f, ~ • OBH: 3l # of ImWis: 6 ySpresd: J 6" DGL 4_ Form: O generallysymmetric C nor asymmetry O major asymmetry ❑ stump sprota O stag-headed , l • Crown class: (dominant 0 co-dominant ❑ Intermediate O suppressed • Live crown ratio: % Aged ❑ young O semi-mature 116*'re O over-maturelsenescent Proning history: O crown deaned ; thinned O topped O crown raised O pollarded O cxown reduced O flush ads O cablaora O none O multiple pruning events Appr oy, dates: SpedatValue: O spedmen O heritage/hlstoric O wildlife O unusual O street tree &9M E3 Indigenous -O protected by gov. • • TREE BEAM • Foliage color: Onormal OnetxoUc EpkermWON' lib o m Foliage density: O normal sparse Leat size: O normal 6ma0 O stakes O wiretties O signs ❑ cables Annual shoot growtb: 0 excellent Overage tTi7p1or er OtebaW ~ N ❑ cut#vement O guards Wouedwood development O mraslient O average O none O other • Vigor class: O emilent O average O fair r Major posts/diseases; SITE CONDM l - _ • Site Charader. Neighboring Property FS E W # Feet O open space ❑ natural O woodlanWorest • Landscape lppe:.,~ • a ❑ e0~ Open Area Hill Side Formal ((Woodland/Forest Overhang Road 1 1 •TREE DEFECTS OCR '01 apird • Suspect rootaot: Y.'@ pteseet Y~ t0: • WOW room O severe O moderate O low, Undermined: O severe O moderate O low CLOWN DBf6:1S: hrdreate presence of 4rdividtid defects and We their sevenky (s o sewers„ m = modw&, I • Dow tAOOrcnaw ~ mB~c ~ sr.~+a~es PWUW Box sweeo • N , lmkxkdbft • fkcessM end weight f • NEW • D Colkshalshroffatradlet • B1 eedn mt=Cow • Loosft admu ba& • ~ " i w tAA • • A~t mat' . • . . 133 -E UV z o O Y1Lr . =Gt • Species: j Dq # of trunw Nelpht ~l DGL JI O generallysymmetric ❑ nor asymmetry ar,asymmetry D stump sprout Oshag-headed Crown class: O dominant lkco-dominant O Intermediate O suppressed . Live crown ratio: % Age class: O young ~~O semi nature •ro O over-mature/senescent Pruning history: O crown cleaned O excess(vely thinned L@'~Opped O crown raised O pollarded (icxoHn reduced O flush cuts O cabled/bra O none O muidple pnadrg events Approx. dates. :*~tree SpeciatValue: O specimen ❑ heritagelhistodc O wildlffe O unusual screen ❑ ❑ indigenous .O protected by gn Ad PO ~ ter Foliage color: ❑ normal Jd" O necroflcEqpgci foliage density: O normal Msparse Leaf size: O nomal t nag ❑ stakes O wireMes O signs O cables Annual shoot gnrarth: O excellent average Qpoor g Dieback? Y N ❑ curb/pavement O guards Wouadwood dewefopmeat O excellent XOge Wp or O none O other Vigor lass: O excellent O average O poor Major pesWillseases: SITE CMMM Site Character. Neighboring property S E W # Feet C) open space ❑ natural ❑ woodlandlforesf Landscape tflrec brigatiorC ❑ none Open Area Hill Side Formal (Woodland/Forest overhang Road ( ) TREE ~&W3• \ RWTDB 7& Suspeetrootlot: Y prrsseet N ID: Exposed rooter Ej severe l3 moderate 'B'low Undermined: O severe ❑ moderate Mow CW iW A Z'lA: Irrfic d p msence of individual d Cts aM race their severity (s ° sewere~ ar = moderabas 1 m bw) DEFECT MW t3tf 7iN ®5 PberfBller . ~ LxK : epn I I~ 111lualeattarhlowds irdoded Owk Exces*ve ad rreraht Decay i Cob ~ rim' eleea'rn,taoffaw Loo9e0trackea'bmk Nes" hofelbee Nve I Deadrxoodl~bs I Borersllertreiesfhrds ~ Ir" Ail ZOO e j 1 +1 1 j 1 7 fA - V J6 • niE~ ~is~cs ~ • ilea t -9-7 Spades: i~ 08H: ~ S of hunks: Helgbt *U d: " DGL _.Z3'T Form: ❑ generally symmetric 00minor asymmetry b;r or asymmetry 0 stump sprout 0 stag-headed Crown class: ❑ dominant co-dominant O intermediate ❑ suppressed . Live crown ratio: % Age doss: 0 young Zoppmed knalure re 0 over-mature/senescent Pruning history: ❑ crown cleaned O exc essK l thh❑ crown raided 0 pollarded ❑ crown reduced ❑ flush arts ❑ cabied/bre M4 ❑ none O multiple pruning evenb Approx dates:.~q__ l//e L) SpeclatValue: 0 specimen 0 heritagefilstoric O wiWAle 0 unusual [~ttree scream 0 indigenous . O protected by gov. • • TM NEPM • Foliage Viola: D itlorotic O necrotic Wo mia? & N Grawlh obdracdeac Foliage density: Qnormal O sparse Leaf size: ❑ normal [ all 0 stakes ❑ wire/ties 0 signs ❑ cables • Annual shoot growth: 0 excellent O average eorrXg DiebaW Y N~ 0 curb/pavement 0 guards • Woendwood development O excellent 0 average t poor O none 0 other • Vigor class: [3 excellent 0 average 1111 air O poor • tdaior pests/diseases: • SITE CONDi'[1m I 7~ Neighboring Prope N,~ E W # Feet ~ O op;W en space ❑ natural O woodlanWoresf • Site Cbmader. • Landscape type: • krigagrc E]-n `Open Area Hill Side Formal (VrWoodiand/Forest Overhang Road ( 1 • TREE DEFECTS ~ Rnnrn~~cr.~ adpw Mint Y* Fq=W roots: O severe 13 moderate O low Undermined: 0 severe 0 moderate 0 low • MW BOO hldioate presence Of l de(mb and 18110 their Me* (s = severe, m = moderate, I m low) • li>lE N ~oarr rna■11 I I ns pbwtaeer • /V1 I Bovx screen I I I 11 2 • C Included bark • F~roessiMe end weinf ct 1 AA •°aciftolft ' Wb.rds/~rn i I ~ • Dew I ~ • Cam I' I /Vl • efeediilofsao flag. t - ~ ~ j • LoosWaadw beck i I I • tfi~n holdbee fare I ~ ~ , • Bolersltemrp~e.~aNs ~ - ~ I \ ~ 04%) • 0 • • • • • • • 0 • • • • • • • • HALSTEVD'S ARBORICULTURE CONSULTANTS, INC. David Halstead, Consultant, B.S. Phillip Whitcomb, Consultant P.O. Box 1182 • Tualatin, OR 97062 (503) 245-1383 July 15, 2004 ATTN.: Mr. Greg Philco Comer Stone Construction Management, Inc. 5331 SW Macadam Avenue Suite 377 Portland, OR 97239 Ph 503.295.0108 FX 503.295.1896 Reference: Revision Location: Metzger School, Tigard, Oregon Subject: Douglas Fir Tree #253 • Exhibit `,J' "Specialists in the care and preservation of trees" Cornerstone JUL 19 2004 Please refer to HAC, Inc. Metzger School main campus report dated February 2, 2003, August 8, 2003, August 18, 2003 and the July 14, 2004, Tree Assessment Report for the property located at 9080, 9100 and 9140 SW Locust Street. Due to the acquired 9080, 9100 and 9140 SW Locust Street property and the redesign of the original Metzger School main campus site plan to include a baseball field, Tree Numbered 253, a Douglas-fir tree, assigned to be preserved, will need to be removed because of its location within the proposed baseball field. The removal of the Douglas-fir tree will change the percentage of preserved trees, but will not change the mitigation percentages and no action will be needed. M _r -.Q^ Sincerely, r David Halstead BS CA • • 4JEmail: hac@spiritone.com www.halsteadsarboriculture.com OCB# 0068646 • ~i ~ 0 • Exhibit `K' CORNERSTONE MANAGEMENT GROUP. INC. C CN F S T N E 5331 S•;--r i'v! 4 A\''- 'SUITE 377 F%Q TL AND. 0,ON 97239 PH, 505 ""5.0108 f-;< 5p3.Z!1ti.1~96 NEIGHBORHOOD MEETING NOTICE Conditional Use Permit application for Metzger Elementary School Play Fields The Tigard-Tualatin School District intends to apply for a Conditional Use Permit (CUP) for Phase II of the Metzger Elementary School. Prior to applying to the City of Tigard for approval of the CUP modification, representatives of the School District would like to discuss the proposal with the surrounding property owners and residents, and any other interested citizens. You are invited to attend an informational meeting on: DATE: AUGUST 19, 2004 7:00 P.M. LOCATION: METZGER PARK HALL MEETING ROOM ADDRESS: 8400 SW HEMLOCK STREET (NEAR SW HALL BLVD. AND HEMLOCK ST.), PORTLAND, OR Explanation. Phase II of the new Metzger Elementary School involves expansion of the play field area to the north of the new school building, adjacent to SW Locust Street. The area involves the three parcels where the three existing homes on the south side of Locust Street, between SW 901h Avenue and SW Lincoln Avenue, are (or were) located. This area will be turned into ball fields, as shown on the attached drawing. Before submitting the CUP application to the City of Tigard, the School District is required by the City to hold a neighborhood meeting to explain the proposal to interested citizens and solicit their comments. (Later, you will receive a notice from the City informing you about the public hearing on this application.) Please note that this will be an informational meeting on preliminary plans. These plans may be altered prior to the submittal of the application to the City. If you have any questions or comments, please come to the informational meeting, or contact me at one of the places listed below. CONTACT: Greg Philo, Cornerstone Management Group, Inc. ADDRESS: 5331 SW Macadam Ave., Suite 377, Portland, Oregon 97239 PHONE NUMBER: 503-295-0108 FAX NUMBER: 503-317-3295 E-MAIL: gregp n9cornerstonemgi.com SUCCESSFUL TEAMS. SUCCESSFUL PROJECTS. • AUG-04-04 09:32AM FROM-SLX 503-224-4836 T-115 P•02/02 F-181 7 5, ~ ~r- loo • L -I ~X I y ~ e r I I m -n 1 • u ~ l;~ ~~=fit; 1 I-t 1 71;, SW: 90TH AVE ' i • • • MINUTES Metzger Elementary School Ball Fields • Neighborhood Meeting • August 19, 2004 • The meeting started at 7:00 P.M. at the Metzger Park Community Building. Representing the • Tigard-Tualatin School District were Xavier Rueda (SLX), and Ed Murphy (Ed Murphy 8e Associates). Three neighbors attended. A sign-in sheet is attached. • Summary of issues discussed: Houses removed from the site - where they were going to be moved, and when. ■ Concern about the loss of low-income housing stock with the removal of the three homes. • Trees - how many may be removed, and which ones; impact on trees of widening sidewalk/planter strip. • ■ Lighting the ball fields. ■ Fencing and street trees proposed along Locust Street. • ■ Extension of SW Lincoln Avenue through to Oak Street. Procedural concerns about the School District removing the homes prior to a Conditional Use Permit being approved for the ball fields. • • Ed Murphy and Xavier discussed the reasons for the Conditional Use Permit application and the school's plans for the area, explained the process of approval, and reviewed drawings • showing the planned improvements. They explained that the ball fields would not have lighting. There was discussion about the need for Lincoln Avenue to be connected through- to Oak Street. • The meeting was adjourned at approximately 7:15 P.M. • • • • • • • • • edmurphy&associateslttsd/Metzgerlneighb mmglminutesl'2/4/173 1 • • 0 1 ft\9 k 2 lQVI, t i N.dyck t,~LaST ~ ftie SVkAA polo 'tom ~ e 1 I~. • 2 /00 5'D M a14 Pr w 1 3.29`t 1 3 _z y57- • • • • • • • • • • • • • • • • • • • i i • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Exhibit V RE4P MG IM sW914TAP NON-RESIDENTIAL APPLICANT: AGENT: i5-d M,,r;, Phone: (So 31' 31- L1003 Phone: ('5&-3)6z -r -'N l2 S PROPERTY LOCATION: ADDRESS/GENERAL LOCATION: 9 0 e0 - 91(40 TAX MAP(S)/LOT #(S): 1513 51-9 00Z07-. 7..03-Sou NECESSARY APPLICATIONS:. Gv'P PROPOSAL DESCRIPTION: co~~e r~- 5_ ~ ror ~<S 4-P * L't-, COMPREHENSIVE PLAN MAP DESIGNATION: Low ~e»st1~y 1R e-5 i w~ ZONING MAP DESIGNATION: CITIZEN INVOLVEMENT TEAM'(C.I.T.) AREA: ZONING DISTRICT DIMENSIONAL REQUIREMENTS (Refer to Code Section 18. 5119 l MINIMUM LOT SIZE: 7,500 sq. ft. Setbacks: Front 20 ft. Side MAXIMUM SITE COVERAGE: i Average Min. lot width: 50 ft. Max. building height:3W ft. ft. Rear ► S ft. Corner J S ft. from street. % Minimum landscaped or natural vegetation area: ~ NEIGHBORHOOD MEETING (Refer to the Neighborhood Meeting Handoutl THE APPLICANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET, THE MEMBERS OF ANY LAND USE SUBCOMMITTEE(S), AND THE CITY OF TIGARD PLANNING DIVISION of their proposal. A minimum of two (2) weeks between the mailing date and'the meeting date is required. Please review the Land Use Notification handout concerning site posting and the meeting notice. Meetina is to be held prior to submitting vour application or the application will not be accepted. * NOTE: In order to also preliminarily address building code standards, a meeting with a Plans Examiner is encouraged prior to submittal of a land use application. CITY OF TIGARD Pre-Application Conference Notes Page 1 of 8 0 0 • • • [NARRATIVE [Refer to Code Chapter 18.3901 th li abl d • on e app c e The APPLICANT SHALL SUBMIT A NARRATIVE which provides findings base approval standards. Failure to provide a narrative or adequately address criteria would be reason to .i consider an application incomplete and delay review of the proposal. The applicant should review i • a. the code for applicable criter [v IMPACT STUDY [Refer to Code Sections 18.390.040 and 18.390.0501 As a part of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to INCLUDE IMPACT STUDY with their submittal 'package. The impact study shall quantify the effect of the • development on public facilities and services. The study shall. address, at a minimum, the transportation system, including bikeways, the drainage system, the parks system, the water system, , the sewer system and the noise impacts of the development. For each public facility system and type t d d t i i t Cit d t ~ mize y s s, an o m n an ar o mee of impact, the study shall propose improvements necessary . the impact of the development on the public at large, public facilities systems, and affected private Development Code requires the dedication of real situations where the Communit I t • y y users. n proper property interests, the applicant shall either specifically concur with the dedication requirement, or provide evidence which supports the conclusion that the real property dedication requirement is not • roughly proportional to the projected impacts of the development. ACCESS [RefertoChapters 18305and18.7651 ank r-, al/,cu~.cr fl-0-11d4- Kw sLuld mi.. , ~ ~ 0 k 20 V1 n.gv "1' Minimum number of accesses: Minimum access width: V cy-c p,--F05,eA-e_x,1* Minimum pavement width: drivel.. s Sv bG All driveways and parking areas, except for some fleet storage parking areas, must be paved`.`'f r Drive-in use queuing areas: - • [d WALKWAY REQUIREMENTS [Refer to Code Section 18.705.0301 (-'o ('k d"eve WALKWAYS SHALL EXTEND FROM THE GROUND FLOOR ENTRANCES OR FROM THE IP, GROUND FLOOR LANDING OF STAIRS, ramps, or elevators of all commercial, institutional, and P industrial uses, to the streets which provide the required access and egress. Walkways shall provide • convenient connections between buildings in multi-building commercial, institutional, and industrial complexes. Unless impractical, walkways should be constructed between a new development and neighboring developments. • ❑ SPECIAL SETBACKS [Refer to Code Chapter 183301 • ➢ STREETS: feet from the centerline of • ➢ LOWER INTENSITY ZONES: feet, along the site's boundary. ➢ FLAG LOT: 10-FOOT SIDE YARD SETBACK. • ❑ SPECIAL BUILDING HEIGHT PROVISIONS [Refer to Code Section 18330.010.03 BUILDING HEIGHT EXCEPTIONS - Buildings located in a non-residential zone may be built to a • height of 75 feet provided that: ➢ A maximum building floor area to site area ratio (FAR) of 1.5 to 1 will exist; • ➢ All actual building setbacks will be at least half (Yz) of the building's height; and AM~ The structure will not abut a residential zoned district. W BUFFERING AND SCREENING [Refer to Code Chapter 18.7451 Y4 eLpp It cA(e, 5 4 P1u At-4- ® In order TO INCREASE PRIVACY AND TO EITHER REDUCE OR ELIMINATE ADVERSE NOISE r OR VISUAL IMPACTS between adjacent developments, especially between different land uses, the • City requires landscaped buffer areas along certain site perimeters. Required buffer areas are • described by the Code in terms of width. Buffer areas must be occupied by a mixture of deciduous and evergreen trees and shrubs and must also achieve a balance between vertical and horizontal plantings. Site obscuring screens or fences may also be required; these are often advisable even if • not required by the Code. The required buffer areas may only be occupied by vegetation, fences, .utilities, and walkways. Additional information on .required buffer area materials and sizes may be found in the Development Code. . sG,fAfli.ly r" bt. r&bt~t ~-d Arwy4 CUPs4CO'dwd 5, It WV-fanN. CITY OF TIGARD Pre-kolication Conference Notes Page 2 of 8 • S' S i • • The ESTIMATED REQUIRED BUFFER WIDTHS applicable to vour proposal area are: feet along north boundary. feet along south boundary. feet along east boundary. feet along west boundary. IN ADDITION, SIGHT OBSCURING SCREENING IS REQUIRED ALONG: [LANDSCAPING [Refer to Code Chapters 18.745,18.765 and 18.7051 STREET TREES ARE REQUIRED FOR. ALL DEVELOPMENTS FRONTING ON A PUBLIC OR PRIVATE STREET as well as driveways which are more than 100 feet in length. Street trees must be placed either within the public right-of-way or on private property within six (6) feet of the right-of- way boundary. Street trees must have a-minimum caliper of at least two (2) inches when measured four (4) feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the branching width of the proposed tree species at maturity. Further information on regulations affecting street trees may be obtained from the Planning Division. A MINIMUM OF ONE (1) TREE FOR EVERY SEVEN (7) PARKING SPACES MUST BE PLANTED in and around all parking areas in order to provide a vegetative canopy effect. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. These design features may include the use of landscaped berms, decorative walls, and raised planters.. ❑ RECYCLING (Refer to Code Chapter 18.7551 n-'1- Applicant should CONTACT FRANCHISE HAULER FOR REVIEW AND APPROVAL OF SITE SERVICING COMPATIBILITY. Locating a trash/recycling enclosure within a clear vision area such as at the intersection of two (2) driveways within a parking lot is prohibited. Much of Tigard is within Pride Disposal's Service area. Lenny Hing is .the contact person and can be reached at (503) .625-6177. dFARMNG (Refer to Code Section 18365.040) . REQUIRED parking for this type of use: P"' is "On CL5s fooV145 - ILD , 4U.-A Pwf"LL-,w rs w(so Parking SHOWN on preliminary plan(s): J SECONDARY USE REQUIRED parking: Parking SHOWN on preliminary plan(s): NO MORE THAN 50% OF REQUIRED SPACES MAY BE DESIGNATED AND/OR DIMENSIONED AS COMPACT SPACES. PARKING STALLS shall be dimensioned as follows:,.. ➢ Standard parking space dimensions: 8 feet, 6 inches x 18 feet, 6 inches. ➢ Compact parking space dimensions: 7 feet, 6 inches x 16 feet, 6 inches. Note: Parking space width includes the width of a stripe that separates the parking space from an adjoining space. Note: A maximum of three (3) feet of the vehicle overhang area in front of a wheel stop or curb can be included as part of required parking space depth. This area cannot be included as landscaping for meeting the minimum percentage requirements. HANDICAPPED PARKING: ➢ All parking areas shall PROVIDE APPROPRIATELY LOCATED AND. DIMENSIONED DISABLED PERSON PARKING spaces. The minimum number of disabled person parking spaces to be provided, as well as the parking stall dimensions, are mandated by the Americans with Disabilities Act (ADA). A handout is available upon request. A handicapped parking space symbol shall be painted on the parking space surface and an appropriate sign shall be posted. ➢ BICYCLE RACKS ARE REQUIRED FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS. Bicycle racks shall be located in areas'protected .from automobile traffic and in convenient locations. LOADING AREA REQUIREMENTS (Refer to Code Section 18.765.0801 Every COMMERCIAL OR INDUSTRIAL BUILDING IN EXCESS O 10,000 SQUARE FEET shall be provided with a loading space. The space size and location shall be as approved by the City Engineer. CITY OF TIGARD Pre-Application Conference Notes Page 3 of 8 a I' / 0~t BICYCLE RACKS [Refer to Code ection 183651 cu,c, P , vu./'t 0,17 C- Q/ U~ t f~A BICYCLE RACKS are required FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in convenient locations. ❑ SENSITIVE LANDS (Refer to Code Chapter 18.715) The Code Provides REGULATIONS FOR LANDS WHICH ARE POTENTIALLY UNSUITABLE FOR DEVELOPMENT 'DUE TO AREAS WITHIN THE 100-YEAR FLOODPLAIN, NATURAL DRAINAGEWAYS, WETLAND AREAS, ON SLOPES IN EXCESS OF 25 PERCENT, OR. ON UNSTABLE GROUND. Staff will attempt to preliminary identify sensitive lands areas at the Are- application conference based on available information. HOWEVER, the responsibility to precisely identlfv sensitive land areas, and their boundaries: is the responsibility of the applicant. Areas meeting the definitions of sensitive lands must be clearly indicated on plans submitted with the development application. Chapter 18.775 also provides regulations for the use, protection, or m-odification.of sensitive lands areas. RESIDENTIAL DEVELOPMENT IS PROHIBITED WITHIN FLOODPLAINS. ❑ STEEP SLOPES (Refer to Code Section 18.715.080.C1 When STEEP SLOPES exist, prior to issuance of a final order, a geotechnical report must be submitted which addresses the approval standards of the Tigard Community Development Code Section 18.775.080.C. The report shall be based upon field exploration and investigation and shall include specific recommendations for achieving the requirements of Section 18.775.080.C. dCLEANWATER SERVICES 1CWS1 BUFFER STANDARDS (Refer to R a 0 96-44/USA Regulations -Chapter 31 LAND DEVELOPMENT ADJACENT TO SENSITIVE AREAS shall preserve and maintain or create a vegetated corridor for a buffer wide enough to protect the water quality functioning of the sensitive area. Desiqn Criteria: The VEGETATED CORRIDOR WIDTH is dependent on the sensitive area.. The following table identifies the required widths: TABLE 3.1 VEGETATED CORRIDOR WIDTHS SOURCE: CWS DESIGN AND CONSTRUCTION STANDARDS MANUAURESOLUTION & ORDER 96-44 Streams with, intermittent flow draining: <25% 15 feet 0 10 to <50 acres 25 feet 0 >50 to <100 acres Existing or created wetlands <0.5 acre 25 feet Existing or created wetlands >0.5 acre <25% 50 feet Rivers, streams, and springs with.year-round flow" ♦ Streams with intermittent flow draining >100 acres Natural lakes and ponds Streams with intermittent flow draining: >25% 30 feet 6 10 to <5n ar_rpS >50 to <100 acres 50 feet Existing or created wetlands >25% Variable from 50-200 feet. Measure Rivers, streams, and springs with year-round flow in 25-foot increments from the starting Streams with intermittent flow draining > 100 acres point to the top of ravine (break in Natural lakes and ponds <25% slope), add 35 feet past the top of ravine' 4Starting point for measurement = edge of the defined channel (bankful flow) for.streams/rivers, delineated wetland boundary, delineated spring boundary, and/or average high water for lakes or ponds, whichever offers greatest resource protection. Intermittent springs, located a minimum of 15 feet within the river/stream or wetland vegetated corridor, shall not serve as a starting point for measurement. SVegetated corridor averaging or reduction is allowed only when the vegetated corridor is certified to be in a marginal or degraded condition. sThe vegetated corridor extends 35 feet from the top of the ravine and sets the outer boundary of the vegetated corridor. The 35 feet may be reduced to 15 feet, if a stamped geotechnical report confirms slope stability shall be maintained with the reduced setback from the top of ravine. CITY OF TIGARD Pre-Application Conference Notes Page 4 of 8 • Restrictions in the Vegets ate Corridor: NO structures, development, construction activities, gardens, lawns, application of chemicals, dumping of any materials'of any kind, or other activities shall be permitted which otherwise detract from the water quality protection provided by the vegetated corridor, except as provided for in the CWS Design and Construction Standards. Location of Veaetated Corridor: IN ANY RESIDENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCELS or lots intended for separate ownership, such as a subdivision, the vegetated corridor shall be contained in a separate tract, and shall not be a part of any parcel to be used for the construction of a dwelling unit. CWS Service Provider Letter: PRIOR TO SUBMITTAL of any land use applications, the applicant must obtain a CWS Service Provider Letter which will outline the conditions necessary to comply with the R&O 96-44 sensitive area requirements. If there are no sensitive areas, CWS must still issue a letter stating a CWS Service Provider Letter is not required. ❑ SIGNS [Refer to Code Chapter 183801 SIGN PERMITS MUST BE OBTAINED PRIOR TO INSTALLATION OF ANY SIGN in the City of' Tigard. A "Guidelines for Sign Permits" handout is available upon request. Additional sign area or height beyond Code standards may be permitted if the sign proposal. is reviewed as part of a development review application. Alternatively, a Sign Code 'Exception .application may be filed for Director's review. S Ed TREE REMOVAL PLAN REQUIREMENTS [Refer to Code Section 18390.030.CJ A TREE PLAN FOR THE PLANTING, REMOVAL AND PROTECTION OF TREES prepared by a certified arborist shall be provided for any lot, parcel or combination of. lots or parcels for which a development application for a subdivision, partition, site development review, planned development, or conditional use is filed. Protection is preferred over removal where possible. THE TREE PLAN SHALL INCLUDE the following: ➢ Identification of the location, size and species of all existing trees including trees designated as significant by the City; ➢ Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.790:060.D according . to the following standards and shall be exclusive of trees required by other development code a ^ provisions for landscaping, streets and parking lots: • y~{o~G Retainage of less than 25% of existing trees over 12 inches in caliper requires a mitigation program according to Section 18.150.070:D. of no net loss of trees; o~~ l Retainage of from 25 to 50% of existing trees over 12 inches in caliper requires that two- of"y ht ~ thirds of the trees to be removed be mitigated according to Section 18.790.060.D.; Retainage of from 50 to 75% of existing trees over 12 inches in caliper requires that 50% • C~J • 1 f • t of the trees to be removed be mitigated according to-Section 18.790.060.D.; f Retainage of 75% or greater of existing trees over 12 inches in caliper requires no mitigation; ➢ Identification of all trees which are proposed to be removed; and ➢ A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. TREES REMOVED WITHIN THE PERIOD OF ONE (1) YEAR PRIOR TO A 'DEVELOPMENT APPLICATION LISTED ABOVE will be inventoried as part of the tree plan above and will be replaced according to Section 18.790.060.D. MITIGATION (Refer to Code Section 18390.060.E.) REPLACEMENT OF A TREE shall take place according to the following guidelines: A replacement tree shall be a substantially similar species considering site characteristics. If a replacement tree available, the Director resource value. of the species of the tree removed or damaged is not reasonably may allow replacement with a different species of equivalent natural CITY OF TIGARD Pre-Application Conference Notes cin Page 5 of 8 ➢ If a replacement 4 of the size cut is not reasonably avIfable on the local market or would not be viable, the Director shall require replacement with more, than one tree in accordance with the following formula: The number of replacement trees required shall be determined by dividing the estimated caliper size of the tree removed or damaged, by the caliper size of the largest reasonably available replacement trees. If this number of trees cannot be viably located on the subject property, the Director may require one (1) or more replacement trees to be planted on other property within the city, either public property or, with the consent of the owner, private property. ➢ The planting of a replacement tree shall take place in a manner reasonably calculated to allow growth to maturity. IN LIEU OF TREE REPLACEMENT under Subsection D of this section, a party may, with the consent of the Director, elect to compensate the City for its costs in performing such tree replacement. ❑ CLEAR VISION AREA [Refer to Code Chapter 18.1951 AA The City requires that CLEAR VISION AREAS BE MAINTAINED BETWEEN THREE (3) AND EIGHT (8) FEET IN HEIGHT at road/driveway, road/railroad, and road/road intersections. The size of the required. clear vision area depends upon the abutting street's functional classification and any existing obstructions within the clear vision area. ADDITIONAL LOT DIMENSIONAL REQUIREMENTS (Refer to Code Section 18.810.060) MINIMUM LOT FRONTAGE: 25 feet unless lot is created through the minor land partition process. Lots created as part of a partition must have a minimum of 15 feet of frontage or have a minimum 15-foot wide access easement. The DEPTH OF ALL LOTS SHALL NOT EXCEED 2% TIMES THE AVERAGE WIDTH, unless the parcel is less than 1 V times the minimum lot size of the applicable zoning district. CODS CHAPTERS 18.330 (conditional Use) 18.340 (Directors interpretation) _ 18.350 (Planned Development) ✓ 18.360 (Site Development Re% o-4010f if Jwas as IGIL 1 18.370 (varianceslAdjustments) _ 18.380 (Zoning Map/rext Amendments) 18.385 (miscellaneous Permits) 18.390 (Decision Making Procedurestimpact Study) _ 18.410 (Lot Line Adjustments) - 18.420 (Land Partitions) 18.430 (subdivisions) 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) 18705 (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 oocupation Permits) ✓ 18.745 (Landscaping & Screening standards) 18.750 (Manufactured/Mobil Horne Regulations) 18.755 (Mixed Solid Waste(Recycling Storage) 18.760 (Nonconforming Situations) 18.765 (oil-Street Parldngkoading Requirements) - 18.775 (Sensitive Lands Review) CITY OF TIGARD Pre-Application Conference Notes rams 0...:4-94 A-r 9-001.w..:.... IXAA: ce,r:- 18.780 (Signs) 18.785 (Temporary Use Permits) ✓ 18.790.(rree Removaq 18.795 (visual clearance Areas) 18.798 (wueless communication Facldies) 18.810 (Street & Utility Improvement Standards) Page 6 of 8 a ADDITIONAL CONCERNS OR COMMENTS: • i uncc S cW oen N (x rr-,~,+r4 ont. o LI&ip c,✓cc,~~ r a do GuP , a rw15 .~•r. ~ it we ir►~nar Moc~ t-i- sc-60( s Ile 6 , i o L.J lwr 'P ro- 5 r k 6 A ,n ~ r o n 5 at, i S 'I C~J'erwr o vat rH r"`I ; ~ r. PROCEDURE Administrative Staff Review. i/ Public hearing before the Land Use Hearings Officer. Public hearing before the Planning Commission. Public hearing before the Planning Commission recommendation on the proposal to the City Council. held by the City Council. with the Commission making a An additional public hearing shall be APPLICATION SUBMITTAL PROCESS All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF"MEMBER of the Community Development Department at Tigard City Hall offices. PLEASE NOTE: Applications submitted by mail or dropped off at the counter without Planninq Division acceptance may be returned. The Planninq counter closes at 4:00 PM. Ma s submitted with an application shall be folded IN ADVANCE to 8.5 by 11 inches. One 8 Z' x 1map of a proposed project should be submitted for attachment to the staff report or administrative decision. Application with unfolded maps shall not be accepted. The Planning Division and Engineering Department will perform a preliminary review of the application and will determine whether an application is complete within 30 days of the counter submittal. Staff will notify the applicant if additional information or additional copies of the submitted materials are required. CITY OF TIGARD Pre. Application Conference Notes Page 7 of 8 The administrative decision or public hearing will tyyppically occur approximately 45 to 60 days after an application is accepted as being complete by the Planning Division. Applications involving difficult or protracted issues or requiring review by other jurisdictions may take additional time to review. Written recommendations from the Planning staff are issued seven (7) days prior to the public hearing .e 10-day public appeal period follows II land use decisions. An appeal on this matter would be heard by the Tigard CL13. t a C, A basic flowchart which illustrates the review process is hvailable from the Planning Division upon request. Land use applications requiring a public hearing must have notice posted on-site by the applicant no less than 10 days prior to the public hearing. This PRE-APPLICATION CONFERENCE AND THE NOTES OF THE CONFERENCE ARE .INTENDED TO INFORM the prospective applicant of the primary Community Development Code requirements applicable to the potential development of a particular site and to allow the City staff and prospective applicant to discuss the opportunities and constraints affecting development of the site. BUILDING PERMITS PLANS FOR BUILDING AND OTHER RELATED PERMITS WILL NOT BE ACCEPTED FOR REVIEW UNTIL A LAND USE APPROVAL HAS BEEN ISSUED. Final inspection approvals by the Building Division will not be granted until there is compliance with all conditions of development approval. These pre-application notes do not include comments from the Building Division. For Proposed dings or modifications to existing buildings, it is recommended to contact a Building Division Plans Examiner to determine if there are building code issues that would prevent the structure from being constructed, as proposed. Additionally, with regard to Subdivisions and Minor Land Partitions where any structure, to be demolished has system development charge (SDC) credits and the underlying parcel for that structure will be eliminated when the new plat is recorded, the City,s policv is-to appjy those svstem development credits to the first building permit issued in the development (UNLESS OTHERWISE DIRECTED BY THE DEVELOPER AT THE TIME IN WHICH THE DEMOLITION PERMIT IS OBTAINED). PLEASE NOTE: the conterence and notes cannot cover aMo e requirements and aspects re a e o site planning that should apply to tre development of your site plan. Failure of the staff to provide information required b the Code shal not constitute a waiver of the applicable standards or requirements. It is recommended tha~a prospective applicant either obtain and read the Community Development Code or ask any questions of City staff relative to Code requirements prior to submitting an application. AN ADDITIONAL PRE-APPLICATION FEE AND CONFERENCE WILL BE REQUIRED IF 'AN APPLICATION PERTAINING TO THIS PRE-APPLICATION CONFERENCE IS SUBMITTED AFTER A PERIOD OF MORE THAN SIX (6) MONTHS FOLLOWING THIS CONFERENCE (unless deemed as unnecessary by the Planning Division). PREPARED BY: Mir? 0-0 -ru u (ITY OF TIGARD PLANNING DIVISION - STAFF PERSON HOLDING PRE-APP. MEETING PHONE: (503) 639-4111 FAX: (503) 684-1291 E-MAIL (stairs first name) U@d.tigard.orms TITLE118 (QTY OF TIGARD'S COMMUNITY DEVELOPMENT (ODE) INTERNET ADDRESS: www.cl.[Igard.Or.As HApattylmasters\Pre•App Notes Commercial.doc Updated: 3-Oct-02 (Engineering section: preapp.eng) /`iN !1C TI!'_ ADr1 'D_ A,,.,rs-t;,,., rnnfamni P NntPQ Page 8 of 8 :9BLIC FACILITIES • • Tax Map[S): 1S135AB . Tax LOU[Sk 202, 203, 204 Use Type: CUP ,0 lewp"=r Cmnmririity The extent of necessary public improvements and dedications which shall be required of the applicant . will be recommended by City staff and subject to approval by the appropriate authority. There will be no final recommendation to the decision making authority on behalf of the City staff until all concerned commenting agencies, City staff and the public have had an opportunity to review and comment on the application. The following comments are a projection of public improvement related requirements • that may be required as a condition of development approval for your proposed project. Right-of-wav dedication: The City of Tigard requires that land area be dedicated to the public: (1.) To increase abutting public rights-of-way to the ultimate functional street classification • right-of-way width as specified by the Community Development Code; or (2.) For the creation of new streets. Approval of a development appl~icati for this site will require right-of-way dedication for: SW Locust Street to feetkrcenterline additional ROW m ® 0- ( may be required at the intersections of Locust/Lindcoln and Locust/90th Avenue for the returns) • ❑ SW to feet WA XUA6 ❑ SW to feet ❑ SW to feet S Street improvements: M Waif efrocf imnrn,icmor►fo mill he nonce. cnn. ^I^-- CLAr 1 ~+~-,...t ..1. ..1.. ILII I lull VU VrVI ll J'15V J 1 wl Iw vvul vG I IGVGJJQI r a1V1 IU V V V LVL U0L QU CCI, LV 11 IUIUUC. ® feeo pavement from centerline ® concrete curb ® storm- ,sewers and other underground utilities ® -fooY'concrete sidewalk with planter strip &6MFJ1A1A'rtdAJ) ® street trees spaced per TDC 0 ® street signs, traffic control devices, streetlights and a two-year streetlight fee. 9 ❑ Other: AKY OF fl6ARD Pre-Application conference Notes Page 1 of 6 oaerlnp Department Section • ❑ street improvements will be necessary along SW , to include: ❑ feet of pavement ❑ concrete curb ❑ storm sewers and other underground utilities ❑ -foot concrete sidewalk ❑ street trees ❑ street signs, traffic control devices, streetlights and a two-year streetlight fee. ❑ Other: ❑ street improvements will be necessary along SW , to include: ❑ feet of pavement ❑ concrete curb ❑ storm sewers and other underground utilities ❑ -foot concrete sidewalk ❑ street trees ❑ street signs, traffic control devices, streetlights and a two-year streetlight fee. ❑ Other: ❑ street improvements will be necessary along SW , to include: ❑ feet of pavement ❑ concrete curb, ❑ storm sewers and other underground utilities ❑ -foot concrete sidewalk street trees ❑ street signs, traffic control devices, streetlights and a two-year streetlight fee. ❑ Other: ❑ street improvements will be necessary along SW , to include: ❑ feet of pavement ❑ concrete curb ❑ storm sewers and other underground utilities ❑ -foot concrete sidewalk ❑ street trees ❑ street signs, traffic control devices, streetlights and a two-year streetlight fee. CITYOFTIGARD Pre-APPIcadon Conference Notes Minoring Deportment Eeetloe Page Y of 6 4 ❑ Other: 41 Aareement for Future Street Improvements: In some cases, where street improvements or other necessary public improvements are not currently • practical, the improvements may be deferred. In such cases, a condition of development approval • may be specified which requires the property owner(s) to provide a future improvement guarantee. The City Engineer will determine the form of this guarantee. The following street improvements may 10 be eligible for such a future improvement guarantee: 0 • (1.) (2.). i Overhead Utilitv Lines: ❑ Section. 18.810.120 of the Tigard Municipal Code (TMC) requires all overhead utility lines adjacent to a development to be placed underground or, at the election of the developer, a fee in-lieu of undergrounding can be paid. This requirement is valid even if the utility lines • are on the opposite side of the street from the site. If the fee in-lieu is proposed, it is equal to $ 35.00 per lineal foot of street frontage that contains the overhead lines. There are existing overhead utility lines which run adjacent to this site along SW Prior to , the applicant shall either place these utilities underground, or pay the fee in- lieu described above. Sanitary Sewers: The nearest sanitary sewer line to this property is a(n) 8 inch line which is located Locust Street. The proposed development must be connected to a public sanitary sewer. It is the developer's • responsibility to Water Supply: The Tualatin Vallev Water District (Phone:(503) 642-1511) provides public water service in the area of • this site. This service provider should be contacted for information regarding water supply for your . proposed development. Fire Protection: i Tualatin Valley Fire and Rescue District (South Division) [Contact: Eric McMullen, (503) 612-7010] provides fire protection services within the City of Tigard. The District should be contacted for information regarding the adequacy of circulation systems, the need for fire hydrants, or other questions related to fire protection. Storm Sewer Improvements: • All proposed development within the City shall be designed such that storm water runoff is conveyed to an approved public drainage system. The applicant will be required to submit a proposed storm AP OFfl6ARD Pre-AppDcagon Conference Notes Page S of 6 ineefing gepenmeet section drainage plan for the site, a may be required to prepare a sub- asin drainage analysis to ensure that the proposed system wiWbcommodate runoff from upstreamUbperties when fully developed. Detention is required when the net, new impervious area exceeds 5000 sf. Storm Water Oualitv: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) (Resolution and Order No. 00-7) which requires the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus • contained in 100 percent of the storm water runoff generated from newly created impervious'surfaces. The resolution contains a provision that would allow an applicant to pay a fee in-lieu of constructing an on-site facility provided specific criteria are met. The City will use discretion in determining whether or not the fee in-lieu will be offered. If the fee is allowed, it will be based upon the amount of new impervious surfaces created; for every 2,640 square feet, or portion thereof, the fee shall be $210. Preliminary sizing calculations for any proposed water quality facility shall be submitted with the development application. It is anticipated that this project will require: 9 ® Construction of an on-site water quality facility. ❑ Payment of the fee in-lieu. Water quality is required when the net, new impervious surface area exceeds 1000 sf. Other Comments: All proposed sanitary sewer 'and storm drainage systems shall be designed such that City maintenance vehicles will have unobstructed access to critical manholes in the systems. Maintenance access roadways may be required if existing or proposed facilities are not otherwise readily accessible. TRAFFIC IMPACT FEES In 1990, Washington County adopted a county-wide Traffic Impact Fee (TIF) ordinance. The Traffic Impact Fee program collects fees from new development based on the development's projected impact upon the City's transportation system. The applicant shall be required to pay a fee based upon the number of trips which are projected to result from the proposed development. The calculation of the TIF is based on the proposed use of the land, the size of the project, and a general use based fee category. The TIF shall be calculated. at the time of building permit issuance. In limited circumstances, payment of the TIF may be allowed to be deferred until the issuance.of an occupancy permit. Deferral of the payment until occupancy is permissible on when the TIF is greater than $5,000.00. Pay the TIF. CITY OF TIGARD Pre-Applicatlon Conference Motes Page 4 of 0 F11105edng010a mentsecdon gtERMITS Public Facilitv Improvement 01) Permit: • • Any work within a public right-of-way in the City of Tigard requires a PFI permit from the Engineering Department. A PFI permit application is available at the Planning/Engineering counter in City Hall. • For more extensive work such as street widening improvements, main utility line extensions or • subdivision infrastructure, plans prepared.by a registered professional engineer must be submitted for review and approval. • • The Engineering Department fee structure for this permit is considered a cost recovery system. A • deposit is collected with the application, and the City will track its costs throughout the life of the permit, and will either refund any remaining portion of the deposit, or invoice the Permittee in cases • where City costs exceeds the deposit amount. NOTE: Engineering Staff time will also be tracked for any final design-related assistance provided to a Permittee or their engineer prior to submittal of a PFI • permit application. This time will be considered part of the administration of the eventual PFI permit. • • The Permittee will also be required to post a performance bond, or other such suitable security. • Where professional engineered plans are required, the Permittee must execute a Developer/Engineer • Agreement, which will obligate the design engineer to perform the primary inspection of the public improvement construction work. The PFI permit fee structure is as follows: • NOTE: If an PH Permit is required, the applicant must obtain that permit prior to release of any permits from the Building Division. • • Buildino Division Permits: The following is a brief overview of the type of permits issued by the Building Division. For a more detailed explanation of these permits, please contact the Development Services Counter at • 503-639-4171, ext. 304. Site Improvement Permit (SIT). This permit is generally issued for all new commercial, • industrial and multi-family projects. This permit will also be required for land partitions where lot grading and private utility work is required. This permit covers all on-site preparation, grading • and utility work. Home builders will also be required to obtain a SIT permit for grading work in cases where the lot they are working on has slopes in excess of 20% and foundation . • excavation material is not to be hauled from the site. • • Building Permit (BUP). This permit covers only the construction of the building and is issued • after, or concurrently with, the SIT permit. • Master Permit (MST). This permit is issued for all single and multi-family buildings.. It covers all work necessary for building construction, including sub-trades (excludes grading, etc.). This permit can not be issued in a subdivision until the public improvements are substantially complete and a mylar copy of the recorded plat has been returned by the applicant to the City. • For a land partition, the applicant must obtain an Engineering Permit, if required, and return a mylar copy of the recorded plat to the City prior to issuance of this permit. Other Permits. There are other special permits, such as mechanical, electrical and plumbing that may also be required. Contact the Development Services Counter for more information. • OF TIGARD Pre-Application Conference Notes page 5 of 6 IneerlnD Department Eeetlen • GRADING PLAN REQUIREMENTS FOR SUBDIVISIONS ~ All subdivision projects shall require a proposed grading plan prepared by the design engineer. The engineer will also be required to indicate which lots have natural slopes between 10% and 20%, as • well as lots that have natural slopes in excess of 20%. This information will be necessary in determining if special grading inspections will be required when the lots develop. The design engineer will also be required to shade all structural fill areas on the construction plans. In addition, each homebuilder will be required to submit a specific site and floor plan for each lot. The site plan shall include topographical contours and indicate the elevations of the corners of the lot. The builder shall • also indicate the proposed elevations at the four corners of the building. PREPARED BY: ENGINEERING DEPAR ENT STAFF Phone: 150316394171 Fax: [5031624-0752 document4 . Revised: September 2, 2003 CITY OFTIGARD P"pNcatlon Conference Notes Engineering Department sectiol 8.9.04 DATE Page 0 of B