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HOP2011-00003 NOTICE OF TYPE II DECISION a HOME OCCUPATION PERMIT (HOP) 2011 -00003 MIJARES LANDSCAPING MAINTENANCE ` I GAR D 120 DAYS = 05/05/2011 SECTION I. APPLICATION SUMMARY FILE NAME: MIJARES LANDSCAPING MAINTENANCE FILE NO.: Home Occupation Permit (HOP) Type II HOP2011 -00003 APPLICANT: Ofelia Penaloza OWNER: Ofelia Penaloza 10170 SW Katherine St. 10170 SW Katherine St. Tigard, OR 97223 Tigard, OR 97223 PROPOSAL: The applicant is requesting approval for a home occupation permit to provide professional landscape maintenance. A truck and utility trailer will be stored behind a 6 foot fence and a second driveway will be installed to access the storage area. There will be one part time employee. COMPREHENSIVE PLAN DESIGNATION: Low- Density Residential. ZONING DESIGNATION: R -4.5; 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. LOCATION: 10170 SW Katherine St.; Washington County Tax Map 2S102BB, Tax Lot 00402. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.510 and 18.742. SECTION II. DECISION -- - __ - — _.Notice_is _herby given =that=the=_City af_'igard Community — Development— Directoesadesignee_ has= — - — APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section IV. HOP2011 -00003 Mijares Landscaping Maintenance 012511 Page 1 CONDITIONS OF APPROVAL UNLESS NOTED, THE -STAFF •CONTACT SHALL BE HA:P . WATKINS - IN THE PLANNING" DIVISION AT (503) 718- 2440. 1. All Home Occupation standards discussed in this decision and detailed in the Tigard Development Code Chapter 18.742 must be complied with at all times. 2. The applicant shall ensure that business and employee vehicles park in the driveway and do not utilize on street parking. 3. Fencing shall comply with the requirements of TMC18.745.050.C.2; three feet in height in the front yard and six feet high in the side and rear yards. 4. The applicant shall maintain the dear vision area required at the west property line intersection with Katherine Street by removal or trimming the cedar hedge plantings to 3 feet for a distance of approximately 10 feet from the front property line. 5. The second driveway access shall be 30 feet from the intersection of Katherine and Karol Streets and a paved apron shall be installed from the street to the property line. 6. The applicant shall contact the Planning Division for final inspection within 15 calendar days after the effective date of this decision. SECTION III. PUBLIC COMMENTS RECEIVED The City mailed notice to property owners within 500 feet of the subject site providing them an opportunity to comment. The City received two responses by e - mail. Mr. Kenneth Tolliver sent an e -mail complimenting the applicant on the improvements and maintenance of the property and expected the business to have no discernible effect on the neighborhood. He requested a stipulation that a recently planted hedge be trimmed down to 3 feet high for a distance of 10 -12 feet to allow adequate vision clearance for exiting his driveway. Staff responded that this request would be a condition of approval for the HOP decision. Mr. Chris Bednarek sent an e -mail with a list of questions about employees, driveway, storage area, fencing, equipment, vehicles and parking. Staff responded to his questions by e -mail with the code cites for each question, explaining that the applicant has met code requirements. Certain conditions of approval have been established in Section II of this decision that address many of Mr. Bednarek's concerns. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS Section 18.390.040 states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standard, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with a requirement for public right -of -way dedication, or provide evidence that supports that the real property dedication is not roughly proportional to the projected impacts of the development. Section 18.390.040 states that when a condition of approval requires the transfer to the public of an. interest in real property, the approval - - — autho3ity shalt= adoprfi =which= support= the = conclusion= that =th nterest=rn reai=prapperty=to=be - - transferred is roughly proportional to the impact the proposed developmentwill have on the public. HOP2011 -00003 Mijares Landscaping Maintenance 012511 ' - Page 2 • The applicant has submitted an impact statement that addresses the impacts to the public systems. As there is no additional development or construction proposed or necessary to accommodate the use, there are few impacts that will be attributable to the Home Occupation. The nature of the business is not expected to contribute significant additional sewage, require significant additional water supply, increase storm drainage, detract from school capacity, require additional utility service, add demand to the park system, or generate noise beyond what is typical for a single- family residence. The transportation system will have an additional 4 to 6 trips per day as a result of the business, which is within the street's current capacity. Local streets are designed to carry up to 1,500 vehicle trips per day. There are approximately 22 homes and a small commercial buildinglocated on the street, which would create approximately 400 total vehicle trips per day based on the ITE (Institute of Traffic Engineers) manual. Therefore, this standard is satisfied. Section 18.742.040 states that all home occupations except those that have proven non - conforming status, shall observe the following criteria in addition to the standards established for Type I and Type II uses described in 18.742.050: Home occupations may be undertaken only by the principal occupant(s) of a residential property; The proposed Home Occupation is being undertaken by Ofelia Penaloza who is a principal occupant of the property. Therefore, this criterion is met. There shall be no more than three deliveries per week to the residence by suppliers; The applicant states there will be no deliveries to the home business. Therefore, this criterion is met. There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line resulting from the operation. Home occupations shall observe the provisions of the TDC Chapter 18.725, Environmental Performance Standards; No offensive noise, vibration, smoke, dust, odors, etc. are anticipated based on the proposed Home Occupation business since it will be conducted off -site. Therefore, this criterion is met. The home occupation shall be operated entirely within the dwelling unit and a conforming accessory structure. The total area which may be used in the accessory building for either material product storage and /or the business activity shall not exceed 528 square feet. Otherwise, the home occupation and associated storage of materials and products shall not occupy more than 25% of the combined residence and accessory structure gross floor area, but in no case shall the portion of the home occupation occupying the accessory use exceed 528 square feet. The indoor storage of materials or products shall not exceed the limitations imposed by the provisions of the building, fire, health and housing codes; The parking storage area behind the fence is proposed to be approximately 350 to 400 square feet. Therefore, this criterion is met. A home occupation shall not make necessary a change in the Uniform Building Code use classification of a dwelling unit. Any accessory building that is used must meet Uniform Building Code requirements and be in conformance with TMC Title 14; No changes to the use classification of the accessory building are proposed. This criterion is not applicable. More than one (1) business activity constituting two or more home occupations shall be allowed on one property, only if the combined floor space of the business activities does not exceed 25 percent of the combined gross floor area of the residence and accessory structure. Each home occupation shall apply for a separate home occupation permit. NOTE: The Tigard Business Tax requires payment for only one (1) Business Tax if the same owner is operating more than one approved business at the same location. Although payment for each separate business is not required, it is -- - required= that = all = names =of= the = businesses' = which- are- currendrin= operation- at= that=focation -be - -- - -- specifically listed on the Business Tax Certificate and be visibly posted at the business location. There are no other Home Occupations approved or requested for this site. Therefore, this criterion does not apply. HOP2011 -00003 Mijares Landscaping Maintenance 012511 Page 3 There shall be no storage and /or distribution of toxic or flammable materials, and spray painting or spray finishing operations that involve toxic or flammable material which in the judgment of the Fire Marshall pose a dangerous risk to the residence, its occupants, and /or surrounding properties. Those individuals which are engaged in home occupations shall make available to the Fire Marshal, for review, the Material Safety Data Sheets which pertain to all potentially toxic and /or flammable materials associated with the use; The applicant states that there will be no toxic chemicals or flammable fluids stored on the premises beyond those normally attributed to a single - family residence. Therefore, this criterion is satisfied. No home occupation shall require any on or off -street parking other than that normally required for a residence; The applicant 'states 'that the two car driveway will be available for personal use and for the part time employee to park off-street. The second access from the street is for storage of the business vehicle and trailer so it will be in an enclosed area complying with the Development Code. Therefore this criterion is satisfied. The following uses are not allowed as home occupations: l Auto-body repair an painting. Ongo m ech an ical repair conducted outside of an entirely enclosed building. c) Junk and salvage operations. d) Storage and /or sale of fireworks. The proposed Home Occupation does not involve any of the above uses. Therefore, this criterion does not apply. There shall be no exterior storage of vehicles of any kind u for the business except one commercially licensed vehicle of not more than three- quarters ton GVW which may be parked outside of a structure or screened area; The applicant has indicated that there will be no business vehicles stored outside a screened area. Therefore, this criterion is met. In addition to the general approval criteria, Type -II home occupations allow the following according to the TCDC chapter 18.142.050: • (a) One non - illuminated sign, not exceeding. 1.5 square feet, which shall be attached to the residence or accessory structure or placed in a window; (b) No more than one outside volunteer or employee who is not a principal resident of the premises; (c) No more than six daily customers or clients. Customers and clients may not visit the business between the hours of 10:00 p.m. and 8:00 a.m. and shall not generate excessive traffic or monopolize on -street parking; (d) Storage of materials, goods, and equipment which is screened entirely from view by a solid fence. Storage shall not exceed five (5) percent of the total lot area and shall not occur within the front yard or the required side yard setback. The applicant has indicated that there will be no sign, one part time employee, no visiting clients, no parking in the right -of -way, no storage of equipment outside a screened area and the storage space is not in a required side yard and is less than 5% of the lot. Therefore, these criteria are satisfied. SECTION V. OTHER STAFF COMMENTS The Tigard Development Engineer was sent copies of the proposal and commented that the second driveway approach to Katherine Street would require a paved apron to the property line. - Thd access poii t to the street must be 30 feet from the intersection of Karol Street. The Tigard Building Department and Police Department were sent copies of the proposal and no comments were received. H0P2011 =00003 Mijares Landscaping Maintenance 012511 Page 4 . SECTION VI. AGENCY COMMENTS • Tualatin Valley Fire and Rescue was sent a copy of the proposal and had no comments. SECTION VII. PROCEDURE AND APPEAL INFORMATION Notice was posted at City Hall and mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies THIS DECISION IS FINAL ON JANUARY 25, 2011 AND EFFECTIVE ON FEBRUARY 9, 2011 UNLESS AN APPEAL IS FILED. Appeal: The Director's Decision is final on the date that it is mailed. Any party with standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. • THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON FEBRUARY 8, 2011. • • Questions: • If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639 -4171. k inv j A, ot January 25. 2011 PREPARED BY: Darrel " ' Watkins DATE Assistant Planner — 503-718-2440 H0P2011 -00003 Mijares Landscaping Maintenance 012511 Page 5 rV .1, `, ,a••/ ( H; t , � , •,' C\ u _ 1 1 Illlll , VICINITY MAP 1RARU � �‘ , , - = _. 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R MELINENTATON E99 OR COMPLETENESS ESS OF A ANY O THE CO F . -._ NTENT CCURA. nMELINMPLETEE99 OF Y F THE DATA F A RONDED HEREIN THE CITY OF HOARD 9NALL ASSUME NO - lIAaINFO M AT ION PROVIDED ERO NIDED R E GARDDL SR ESS O F INACCUI HOW RAC IN THE INFORMATION IPROVIDED RGARLF HOW CAUSED 12 , r s / jr^' City of Tigard Feet Ce , Y S (J/�, ` t eep� p.ep 1312 SW Hall Bl 0 500 s T i6AR nN� s Ti rd OR 9722 3 , � r of 50 rdsvgi 71 a " www.tigard -Or gov i T G'i1 R p I. 1 V i • ATH ER1 N E. ST '® 1-- 13 . ---1 ._ -1.4.€ 5 1 , 1 , r � u C , `(;,� ;.� ( e t ai' 1' 65 \ U r • ` ` 6 , �r � • 1ti ` % \ 1 6 f l) „ \ \,. /a•i 1:cloin :il �� ' �' ' .)I7 �: • E. 11CIO;C(J i n ur s �, •. - ' v' d 101 0 Pc r k I n c _ ® Q + a� ; coBIM(i(PO r • ` q . s< . _ .i - ice thi,Pck. C r j. • v - / / --- VII 1, +,I ° 0 1 "°, ! de • � -. -- COve_rQ -ci ra i i - trtnicr I. ' �33 ,, °- " a� P 1,n , r Arbov1i �t h�l \ �� ` free . V:, Sl• v `" a j 5 J S ' • I 1.1J P 1 CC \`1" N I J 1 015 I . NOTICE, OF TYPE II DECISION - - - HOME OCCUPATION PERMIT ,(HOP) 2011-00003 MIJARES LANDSCAPING MAINTENANCE T.1 GARD, 120 DAYS = 05 05 2011 SECTION I. APPLICATION SUMMARY FILE NAME: MIJARES LANDSCAPING MAINTENANCE FILE NO.: Home Occupation Permit (HOP) Type II HOP2011 -00003 APPLICANT: Ofelia Penaloza OWNER: Ofelia Penaloza 10170 SW Katherine St. 10170 SW Katherine St. Tigard, OR 97223 Tigard, OR 97223 PROPOSAL: The applicant is requesting approval for a home occupation permit to provide professional landscape maintenance. A truck and utility trailer will be stored behind a 6 foot fence and a second driveway will be installed to access the storage area. There will be one part time employee. COMPREHENSIVE PLAN DESIGNATION: . Low- Density Residential. ZONING DESIGNATION: R -4.5; 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. LOCATION: 10170 SW Katherine St.; Washington County Tax Map 2S102BB, Tax Lot 00402. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.510 and 18.742: SECTION II. DECISION Notice is hereby given that the City of Tigard. Community Development Director's designee has APPROVED the above., request. The findings and conclusions on which the decision is based are noted in the full decision, a at City Hall . THIS APPROVAL SHALL BE VALID FOR.18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. All documents and applicable critP -i in the above -noted file are available for inspection at no cost or copies can be obtained for twenty -five cents (251 :.r page, or the current rate charged for ies at the time of the request. SECTION III. PROCEDURE AND APPEAL INFORMATION Notice: Notice mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON JANUARY 25, 2011 AND BECOMES EFFECTIVE ON FEBRUARY 9, 2011 UNLESS AN APPEAL IS FILED. App The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1 may appeal this decision in accordance with Section 18.390.040.G.2 of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON FEBRUARY 8, 2011. Questions: For further information please contact the Planning Division Staff Planner, Darrel "Hap" Watkins at (503) 639 -4171, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. • ; VICINITY MAP r ' c v n HOP2011-00003 y 1. \,-:, \ : :� Y r te;. J S',.' I uRcko ▪ / / •,, r <:'tk,,,t i I ,- NOS MARESLACAPING e . j -;: `� t�, ._ak r' .• YAQITENAN ��, , ECI S7k • % = ® ® ®'�s °� ,- , '— `\\\ . \' ® - :• rig .[ i MIADO�. s' n�+;RF1.N \ \ �� : v �� Ti 1` '.ii ` =J 1 . 1:? --- -c ' l',1,,,..-1,-_,I KAlY 1g,Tgl5T \, - a z -- --- - - - - - 4 , ,•.•_:„ :•',.-,-. 7,, iiiiM Fa: , L -•---'..,,. - 11 � t 0od" -_,: .• 1- a��e7 �esoe . . • ,, .. iJ S T \ \ � 1 0y 1 i0 ■ Il II l MI mW.m[I :- AN . \ �..1 of . �.. Feet %, - `\�- _ p / u�ae�im • Hap Watkins From: Hap Watkins Sent: Friday, January 21, 2011 9:51 AM To: CHRIS BEDNAREK Subject: RE: Home occupation permit. Regarding the Mijares (Penaloza) HOP concerns you submitted, the following are the applicable code cites. Feel free to contact me if you have more questions. One employee or volunteer not a primary resident is allowed — TMC18.742.050.A.2.b — Only the primary driveway is required to be 15' wide with 10' of hard surface (paving) —TMC Table 18.705.1 No permit required for the second driveway, but the Development Engineer has required a paved apron from the street to the property line. — Condition of approval. The storage area behind the fence is not required to be paved. Fences in the front yard setback are limited to 3 feet — 18.745.050.C.2 — Condition of approval. A commercially licensed % ton rated truck may be parked outside a screened area —TMC18.742.040.A.10 Storage of materials, goods and equipment screened by a fence limited to 5% of the lot — TMC18.742.050.A.2.d On street parking of business related vehicles is not allowed — TMC18.742.060.C.6 — Condition of approval. If you wish to file a formal complaint on the other two addresses and their uses or conditions, you must complete either a written complaint form or fill out an electronic complaint form. The electronic form is at http://www.tigard- or.gov /city hall /departments /cd /code compliance /default.asp . Written complaint form(s) can be obtained by mail from City of Tigard Code Compliance, 13125 5W Hall Blvd, Tigard, OR 97223. You can also request the forms by voice mail to 503 - 718 -2441. From: CHRIS BEDNAREK [mailto:acmedesign @msn.com] Sent: Thursday, January 20, 2011 3:43 PM To: Hap Watkins Subject: Home occupation permit. Mr. Watkins, January 20, 2011 This letter is in regard to the application for change of home occupation permit at 10170 SW Katherine St. Tigard Or. After the presentation at Tigard Elementary School, I am inclined to believe that the petitioners do not understand the terms of this Type II land use permit. The petitioners stated that they could have employees visit and park on -site on a daily basis. They could not explain paving requirements for the second driveway, which they have already installed. Did that additional driveway require a permit? They could not explain paving requirements for the space behind the fence where their equipment would be stored. Does the 6 foot high fence which extends 8 feet beyond the front corner of the house conform to city code? My read of city code indicates it does not conform. Currently the petitioner stores 1 pickup, a trailer, multiple pieces of maintenance machinery, piles of hand tools and other miscellaneous items under tarps. Is this allowed as part of the petition. Unfortunately the next door neighbors (10190 Katherine St.) of the petitioners have junked up the neighborhood so much with their many cars in various states of disrepair (6 visible today), 2 antenna towers with more than 8 antennae and flood lights attached to them. Are multiple towers allowed under city code? Consider this a formal complaint regarding the many antennae in the yard. I can not support any petition that would increase the visual blight of the neighborhood. Additionally the commercial nursery operation at 10270 SW Katherine St. is a visual blight on the neighborhood. The place is a mess visible to all users of Woodard Park. The nursery appears to have at least on full time employee that parks their car in front of W.H. Cress on Katherine St or on Johnson St. across Woodard Park. Some of the neighbors have informed me there are multiple part time employees. I don't think is an appropriate use for this residential property. No one lives in the house. Consider this a formal request to verify the occupancy permit and use of this property as a commercial nursery. 1 I do not support any change of us it adds to the visual blight of my neighb xj. Nor do I support any use that will increase increase traffic or on street parking. I do not support this change of Home Occupation Permit. Mr Watkins, I trust you will forward my other concerns to the appropriate individuals/departments at city hall. Sincerely, Chris F. Bednarek 12050 SW Karol Ct. Tigard, OR 97223 (503)936'0533 acnnedesigngmsn.com D|8CLA|KXER• E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law E'mai|s are retained by the City of Tigard in compliance with the Oregon Administrative Rules 'City General Records Retention Schedule." 2 411/ Hap Watkins From: Hap Watkins Sent: Wednesday, January 19, 2011 3:49 PM To: Kenneth R. Tolliver, Atty. Subject: RE: Pending HOP 2011 -00003 Mijares Landscaping Maintenance Thank you for your e-mail. I will see that you have adequate vision clearance at the intersection of your driveway and Katherine Street. The cedars are relatively recent, as I didn't see them last July. Thanks for the photo also. From: Kenneth R. Tolliver, Atty. [mailto:ktolliver @hotmail.com] Sent: Wednesday, January 19, 2011 11:34 AM To: Hap Watkins Subject: Pending HOP 2011 -00003 Mijares Landscaping Maintenance Mr. Watkins: I am writing to you in support of HOP Permit 2011 -00003 at 10170 SW Katherine Street. I live next door to them. Since the current residents moved into the house next door they have done a lot to make their house and yard look much better. They have upgraded the landscaping tremendously. They are a good example for the rest of the neighborhood. I support their pending request. I would like a condition of their permit to have them keep about 10 -12 feet of their hedge along our property line trimmed down to <3 feet tall so that we can see when backing out of our driveway. When they fixed up the landscaping over there, they planted a new hedge that looks great; but blocks our ability to see on- coming traffic from our driveway. I am attaching a picture of it so you will know what I mean. It probably wouldn't be much of a problem if the Telephone Pole, Telephone Junction Box and the Mailboxes weren't there too; but with them there the visibility is just not there. I believe the neighbor's property line ends about at the end of the fence and most of the hedge blocking our visibility is actually on the City's road right of way. I might be wrong; but that's how I remember it. The main thing is that we need to be able to see while backing out of our driveway. Other than this issue, I am all for their permit and extra driveway. Sincerely, Ken Tolliver 10200 SW Katherine Street Tigard OR 97223 503 - 544 -7945 DISCLAIMER: E -mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E -mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules "City General Records Retention Schedule." 1 L . , . 4 • .--A. . . . , . .„ . . , •• —2"------- ... , --* ‘ :-:.-Y. e _ ..... • 0 I . 4 :.-,;" ..,,,, • 1 ""' - ..". -.OF- ..... -4.- • . - . , - %. _ r .- • -, -- - .* - . .. . . . ' , -... .. ,,,,, -4 4 -. . ' i''' '''' ..7.111; ■ ' -. * _„ 4 ... . I C 11 / ilk, 4 _le: • z 41eni 7-. r's ..,-4.‘t, ." .• • 4' . egTityie kis . t ., ....,.....,... ,.. ., - - It. . • .. . . , _ .. . i...41 ....- ,. . . ... . 4 4111„. I ... — _ Air _ . - iallilhAlir". 'Ar ilk/ill/A . . . 0 * .„. it , ...,,,, t 4 *. ..... - ...- , 4 ...r. _ . . ._ . ..... _ . ... ... . . . . _ ..... , ... .......... . . /... . . a . .• ....,1 ... ...41. .. - . . ....... ,‘,„. '401.01x r , , . ..., 1 1 --i. . 141140E1' N. 4, i r 4, , ., , „ gip,,,,. , , (Ili • . - 111; i . , . i 'Y • . II,,,. , A JD 147,- '• '‘,. - - i'll" 1 • ■ . t , It II * . 4,411r• j i - - 4 ' ." • ' ' 1 5 • L •••'. 4r .,,,...., .. - 1,7 .,. . , . .. l •■• L... ft a T VI ` - • - ''• ■ AFFI AMTS AFFIDAVIT OF POSTING NOTICE OF A LAND USE PROPOSAL TIGARD IMPORTANT NOTICE: THIS AFFIDAVIT MUST BE ACCOMPANIED BY A COPY OF THE NOTICE THAT WAS POSTED ON THE SITE. In the Matter of the Proposed Land Use Applications for: Land Use File Nos.: HOP2011 -00003 Land Use File Name: MIJARES LANDSCAPING MAINTENANCE I, Darrel "Hap" Watkins. Assistant Planner for the City of Tigard, do affirm that I posted notice of the land use proposal affecting the land located at (state the approximat location(s) IF no address(s) and /or tax lot(s) currently registered) /0/ 67.t.) — S� and did personally post notice of the proposed land use application(s) by means of weatherproof posting in the general vicinity of the affected territo , a copy of said notice being hereto attached and by reference made a part hereof, on the / clay o 4',},t , 2011. I / l/p Signature of Person Performed Posting h: \login \patty \toasters \affidavit of posting for applicant to post public hearing.doc -MIJARES LANDSCAPING MAINTENANCE- HOME OCCUPATION PERMIT (HOP) 2011 -00003 REQUEST: The applicant is requesting approval for a home occupation permit to provide professional landscape maintenance. A truck and utility trailer will be stored behind a 6 foot fence and a second driveway will be installed to access the storage area. There will be one part time emploNTPe. LOCATION: 10170 SW Katherine Street; Washington County Tax Map 2S102BB, Tax Lot 00402. 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 18.390, 18.510 and 18.742. Further information may be obtained from the Planning Division (staff contact: Darrel "Hap" Watkins, Assistant Planner) at 13125 SW Hall Blvd., Tigard, Oregon 97223, or by calling 503 - 639 -4171 or by e -mail to hap @tigard- or.gov. A copy of the application and all documents and evidence submitted by or on behalf of the applicant and the applicable criteria are available for inspection at no cost and copies for all items can also be provided at a reasonable cost. • AFFIDAVIT OF MAILING = .A T AR p I, Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am a Planning Assistant for the City of Tigard, Washington County, Oregon and that I served the following: Ichak AppropnAt lfo.(.) Bawl © NOTICE OF PENDING LAND USE DECISION FOR: HOP2011- 00003 /MIJARES LANDSCAPING MAINTENANCE ❑ AMENDED NOTICE de No /Name Refertmcc) ® City of Tigard Planning Director A copy of the said notice being hereto attached, marked Exhibit "A ", and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit "B ", and by reference made a part hereof, on January 7, 2011, and deposited in the United States Mail on January 7, 2011, postage prepaid. „ c h 114/11.1J AraildAlle (Person th rekared Noti • STATE OF OREGON County of Washington ss. City of Tigard � ,� n / Subscribed and sworn/affirmed before me on the I 1 day of ahl! , 2011. OFFICIAL SEAL SHIRLEY L TREAT (' NO ARY PUBL C OF OREGON cry < NOTARY PUBLIC - OREGON' .) I I COMMISSION N0.418777 (`) My Commission Expires: MY COMMISSION EXPIRES APRIL 25;2011 . EXHIBIT A NOTICE TO MORTGAGEE, LIEN}. .DER, VENDOR OR SELLER THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER NOTICE OF PENDING ,, LAND USE APPLICATION 's HOME OCCUPATION PERMIT TIGARD DATE OF NOTICE: January 7, 2011 FILE NUMBER: HOME OCCUPATION PERMIT (HOP) 2011 -00003 (Type II Land Use Application) FILE NAME: MIJARES LANDSCAPING MAINTENANCE REQUEST: The applicant is requesting approval for a home occupation permit to provide professional landscape maintenance. A truck and utility trailer will be stored behind a 6 foot fence and a second driveway will be installed to access the storage area. There will be one part time employee. LOCATION: 10170 SW Katherine Street; Washington County Tax Map 2S102BB, Tax Lot 00402. 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 18.390, 18.510 and 18.742. YOUR RIGHT TO PROVIDE WRITTEN COMMENTS: Prior to the City making any decision on the Application, you are hereby provided a fourteen (14) day period to submit written comments on the application to the City. THE FOURTEEN (14) DAY PERIOD ENDS AT 5:00 PM ON JANUARY 21. 2011. All comments should be directed to Darrel "Hap" Watkins. Assistant Planner in the Planning Division at the City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223. You may reach the City of Tigard by telephone at 503.639.4171 or by e -mail to hapntigard- or.gov. ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION MAKING PROCESS THE CITY OF TIGARD APPRECIATES RECEIVING COMMENTS AND VALUES YOUR INPUT. COMMENTS WILL BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION. A DECISION ON THIS ISSUE IS TENTATIVELY SCHEDULED FOR JANUARY 28, 2011. IF YOU PROVIDE COMMENTS, YOU WILL BE SENT A COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED. WRITTEN COMMENTS WILL BECOME A PART OF THE PERMANENT PUBLIC RECORD AND SHALL CONTAIN THE FOLLOWING INFORMATION: • Address the specific "Applicable Review Criteria" described in the section above or any other criteria believed to be applicable to this proposal; • Raise any issues and /or concerns believed to be important with sufficient evidence to allow the City to provide a response; • Comments that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant approval criteria with sufficient specificity on that issue. Failure of any party to address the ._levant approval criteria with sufficient b may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Specific findings directed at the relevant approval criteria are what constitute relevant evidence. AFTER TILE 14 DAY COMMENT PERIOD CLOSES, THE DIRECTOR SIGILL ISSUE A TYPE II ADMINISTRATIVE DECISION. TI [I's DIRECT'OR'S DECISION SHALL, BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN 500 FEET OF THE SUBJECT SITE, AND TO ANYONE El SE WHO SUBMITTED WRITTEN COMMENTS OR WHO IS OTHERWISE ENTITLED TO NOTICE. THE DIRECTOR'S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA. BASED UPON THE CRITERIA AND THE FACTS CONTAINED WITHIN THE RECORD, THE DIRECTOR SHALL. APPROVE, APPROVE WITII CONDITIONS OR DENY THE REQUESTED PERMIT OR ACTION. SUMMARY OF THE DECISION - MAKING PROCESS: • The application is accepted by the City • Notice is sent to property owners of record within 500 feet of the proposed development area allowing a 14 -day written comment period. • The application is reviewed by City Staff and affected agencies. • City Staff issues a written decision. • Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site; all owners of record of property located within 500 feet of the site, as shown on the most recent property tax assessment roll; any City- recognized neighborhood group whose boundaries include the site; and any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or anyone who is otherwise entitled to such notice. INFORMATION /EVIDENCE AVAILABLE FOR REVIEW: The application, written comments and supporting documents relied upon by the Director to make this decision are contained within the record and are available for public review at the City of Tigard Community Development Department. If you want to inspect the file, please call and make an appointment with either the project planner or the planning technicians. Copies of these items may be obtained at a cost of $.25 per page or the current rate charged for this service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of this Notice under the section titled "Your Right to Provide Written Comments." \ ✓ C `' I - i VICINITY MAP 7 1.,, \ P.-- 4F , � i . " •., t 1 MOP2011-00003 MIJARES LANDSCAPING MAINTENANCE ..:11111111 lin Fr / •■■.(,:',,, I . \ 'NI ■I 7/ \ , i \\\ Em■Til 1111mP-r" i ,,� sr ttTT 1 - $ CC[ Site ?a ,� t � la IN 4 - 1 �; \ "" sill 1 -,`l,. • aatnuo%l 5i Alit FYftt 4 a ,[. . AN IF n1. - - — `-- . twoaor/ttar Q . a .... r . " -----/________ / . \ uy pnneaa tt 57 AMrnRI -Ja.t1 !►_ r dge ■ net i , , c f +at av i dw il a sea v i IAA '1 5= . — \_ 1--- \. A, . Ofelia Penaloza HOP2011 -00003 EXHIBIT C� 10171 SW Katherine Street MIJARES LANDSCAPING MAINTENANCE Tigard, OR 97223 Vicki A. Calcagno 10900 SE Clair Ln. Dayton, OR 97114 -7442 • • 1S135CCO3700 2S10261300100 ALFORD, BURT W & PATRICIA M CRESS, SCOTT B AND DANA B 10180 SW TIGARD ST 9966 SW KATHERINE ST TIGARD, OR 97223 TIGARD, OR 97223 1S135CCO3800 2S102BB00403 ALFORD, BURT W PATRICIA DEROSSO, DAVID LEROY AND 10180 SW TIGARD ST JOANNE SUSAN TIGARD, OR 97223 12015 SW KAROL CT TIGARD, OR 97223 2S102BB00405 1S135CCO2100 BAKER, HOWARD W DOROTHY M EDWARDS, GERALD R LAUREL 12065 SW KAROL CT 10390 SW MEADOW ST TIGARD, OR 97223 TIGARD, OR 97223 2S102BB00411 2S102BB00201 BECKHAM - FERGUSON, REBECCA FLEMING, PASQUALINA TRUSTEE 12020 SW KAROL CT 10060 SW KATHERINE TIGARD, OR 97223 TIGARD, OR 97223 2S102BB00410 •2S • BEDNAREK, CHRISTOPHER' GANDER, DAVID R & SHANNON R 12050 SW KAROL CT 22932 SW WASHINGTON ST PORTLAND, OR 97223 SHERWOOD, OR 97140 1S135CC00800 2S102BB00829 BOWSHER, BRADLEY C & GILLIS, MELEAH L & • BOWSHER, KELLIE M & MOBLEY, JAY J • TWIGG, RICHARD L & SANDRA M 10470 SW JOHNSON CT 11820 SW TIEDEMAN AVE TIGARD, OR 97223 PORTLAND, OR 97223 2S102BB00409 _ 2S102BB00404 BRICKEY, JUDY F - JOHNSON, CLIFFORD A & CYNTHIA LE, 12070 SW KAROL CT 12045 SW KAROL CT • TIGARD, OR 97223 TIGARD, OR 97223 1S135CCO3300 2S102BB00300 BROOKER, FRED KING, JEFFREY H & SUSAN E 10060 SW TIGARD ST 10080 SW KATHERINE ST TIGARD, OR 97223 TIGARD, OR 97223 • 2S102BB00412 1S135CCO2800 CALCAGNO, VICKI A KLEIMAN, MARY T (OR) REV TRUST 10130 SW KATHERINE ST BY MARY T KLEIMAN TR TIGARD, OR 97223 10175 SW KATHERINE ST TIGARD, OR 97223 1S135CC01600 1S135CC01900 CLEMO, SUSAN R KOCH, RYAN G 10272 SW MEADOW ST 12524 SE EAGLE GLEN DR TIGARD, OR 97223 HAPPY VALLEY, OR 97086 • 1S135CC04500 1S135CB00800 • KRASAUSK, PAUL & OREGON, STATE OF MACHARG, JOE JR & DEPT OF TRANSPORTATION TOTORICA, CAROL E RIGHT OF WAY SECTION PO BOX 23638 355 CAPITOL ST NE, RM 420 TIGARD, OR 97281 SALEM, OR 97301 135CCO3100 1S135CCO2600 K AUSK, P L & PATRICK, PAUL C MAC OE JR & KATHLEEN A TOTO: • CAROL E 10235 SW KATHERINE ST PO : • X 236: TIGARD, OR 97223 T ARD, OR 97281 135CC0460 2S102BB00402 K T P OWNERS OF PENALOZA, OFELIA LOTS HRU 5 10170 SW KATHERINE ST 000 TIGARD, OR 97223 2S102BB00700 2S102BB00828 LAWTON, MARY JANE PETERSON, KELLY T NOW SKELTON 10500 SW JOHNSON CT 10355 SW WALNUT TIGARD, OR 97223 TIGARD, OR 97223 1S135CC01400 ' 251028800408 MCGUIRE, TRAVIS & PURDY, JOHN T MCGUIRE, KITRI 12090 SW KAROL CT 10305 SW MEADOW ST TIGARD, OR 97223 TIGARD, OR 97223 2S102BB00600 2S102BB00406 METRO REEVES, PAUL M BY OFFICE OF METRO ATTY 12085 SW KAROL CT 600 NE GRAND AVE • TIGARD, OR 97223 PORTLAND, OR 97232 1S135CC04000 1S135CC04200 MPI SKIFF LLC • SCHLESINGER, STACEY 5480 NW FRONT AVE 4216 SW 4TH AVE PORTLAND, OR 97210 PORTLAND, OR 97239 1S135CC01500 1S135CC04300 NELSON, BETTY JANE SCHLESINGER, STACEY & 10275 SW MEADOW ST SWOPES, BRET & LINDA S TIGARD, OR 97223 4138 SW 4TH AVE PORTLAND, OR 97239 1S135CC04100 2S102BB00407 NW PROCESSING GROUP INC SCHMASOW, WALLACE I AND 4216 SW 4TH AVE ANN MARIE PORTLAND, OR 97239 12100 SW KAROL CT TIGARD, OR 97223 1S135CC01700 1S135CCO2700 O'DOHERTY, DENNIS AND SLYTER, ROBIN S AND SUSAN D GIBBONS, GERERDENE 10205 SW KATHERINE ST 10270 SW MEADOW TIGARD, OR 97223 TIGARD, OR 97223 - 2S102BB00900 1S135CCO3200 SMITH, CHARLES R & DEBRA D TRUJILLO, BERNARDINO & EVA C 10065 SW JOHNSON ST 10030 SW TIGARD ST TIGARD, OR 97223 TIGARD, OR 97223 1S135CC01800 1S135CC04400 SUDENGA, CHARLENE M UEOKA, MILES B 10300 SW MEADOW ST 10134 SW ALYNE LN TIGARD, OR 97223 TIGARD, OR 97223 1S135CCO2900 1S135CCO2000 SWOPES, BRET & LINDA VALDEZ, STEVEN M & 13440 SW HOWARD DR KIMBERLY M TIGARD, OR 97223 10360 SW MEADOW ST TIGARD, OR 97223 • 1S135CCO3000 1S135CCO3500 SWOPES, BRET & LINDA S VONAHLEFELD, PAUL D 13440 SW HOWARD DR 10130 SW TIGARD ST TIGARD, OR 97223 TIGARD, OR 97223 1S135CC01200 1S135CCO3600 SZYDLOWSKI, DOROTHEA L WEBB, ROBERT LEE 13478 SW UTE ST EDNA M TUALATIN, OR 97062 10140 SW TIGARD TIGARD, OR 97223 2S102BA00301 1S135CC01300 TIGARD INDUSTRIAL LLC ZWERLING, ADAM J & DEBORAH A 5845 JEAN RD 10325 SW MEADOW ST LAKE OSWEGO, OR 97035 TIGARD, OR 97223 102BA0030 1S1 TI D I STRIAL LLC - ZWINGRAF, JOSEPH R 5845 N RD 10265 SW KATHERINE ST E OS 0, OR 97035 TIGARD, OR 97223 102BA00300 TI RD I STRIAL LLC 584 N RD E OS GO, OR 97035 102BB00 TI R ITY OF 13 W HALL BLVD GAR , OR 97223 2S102BB00500 TOLLIVER, KENNETH RAY & ALICE E 10200 SW KATHERINE ST TIGARD, OR 97223 Gretchen Buehner • 13249 SW 136th Place Tigard, OR 97224 Don & Dorothy Erdt 13760 SW 121st Avenue Tigard, OR 97223 Ellen Beilstein 14630 SW 139th Avenue Tigard, OR 97224 Todd Harding and Blake Hering Jr. Norris Beggs & Simpson 121 SW Morrison, Suite 200 • Portland, OR 97204 Vanessa Foster . 13085 SW Howard Drive Tigard, OR 97223 • • Susan Beilke 11755 SW 114th Place Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 Patricia Keerins 12195 SW 121st Avenue Tigard, OR 97223 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CITY OF TIGARD - CENTRAL INTERESTED PARTIES (i: \curpin \setup \labels \CIT Central.doc) UPDATED: 18- Sep -09 II AFFIDAVIT OF MAILING • "IGARD I, Patricia L. Lunsford, being first duly sworn /affirm, on oath depose and say that I am a Planning Assistant for the City of Tigard, Washington County, Oregon and that I served the following ((]. k .lpprtiptme Bo.(i} tidowi © NOTICE OF DECISION FOR: HOP2011- 00003 /MIJARES LANDSCAPING MAINTENANCE (Ile No /Name Reference) ❑ AMENDED NOTICE ® City of Tigard Planning Director A copy of the said notice being hereto attached, marked Exhibit "A ", and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit "B ", and by reference made a part hereof, on January 25. 2011, and deposited in the United States Mail on January 25.2011, postage prepaid. 1. _/ '' . la A --i■I P719 (Person that Pre.. : Nonce) / STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn /affirmed before me on the day of , 2011. 0 . OFFICIAL SEAL 1 (/ 'crrif ? SHIRLEY L TREAT J ( , . .. r NOTARY PUBUC - OREGON I+. COMMISSION NO. 418777 \+v v'MMISSION EXPIRES APRIL 25, 2011 • -•.- - = . -_ 6 NOTARY PU IC OF OREGON My Commission Expires: LI/SCI I) EXHIBIT A NOTICE OF TYPE II DECISION HOME OCCUPATION PERMIT (HOP) 2011 -00003 $41 MIJARES LANDSCAPING MAINTENANCE T I GARD 120 DAYS = 05/05/2011 SECTION I. APPLICATION SUMMARY FILE NAME: MIJARES LANDSCAPING MAINTENANCE FILE NO.: Home Occupation Permit (HOP) Type II HOP2011 -00003 APPLICANT: Ofelia Penaloza OWNER: Ofelia Penaloza 10170 SW Katherine St. 10170 SW Katherine St. Tigard, OR 97223 Tigard, OR 97223 PROPOSAL: The applicant is requesting approval for a home occupation permit to provide professional landscape maintenance. A truck and utility trailer will be stored behind a 6 foot fence and a second driveway will be installed to access the storage area. There will be one part time employee. COMPREHENSIVE PLAN DESIGNATION: Low- Density Residential. ZONING DESIGNATION: R -4.5; 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. LOCATION: 10170 SW Katherine St.; Washington County Tax Map 2S102BB, Tax Lot 00402. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.510 and 18.742. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted in the full decision, available at City Hall. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. All documents and applicable criteria in the above -noted file are available for inspection at no cost or copies can be obtained for twenty -five cents (25 ) per page, or the current rate charged for copies at the time of the request. SECTION III. PROCEDURE AND APPEAL INFORMATION Notice: Notice mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON JANUARY 25, 2011 AND BECOMES EFFECTIVE ON FEBRUARY 9, 2011 UNLESS AN APPEAL IS FILED. Ar The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1 may appeal this decision in accordance with Section 18.390.040.G.2 of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the - Notice of Decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. I THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON FEBRUARY 8, 2011. I Questions: For further information please contact the Planning Division Staff Planner, Darrel "Hap" Watkins at (503) 639 -4171, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. �,i 7; Y VICINITY MAP }'` - / /I/ r d MLIARES LANDSCAPING \. / � I `` c I L_____ MAINTENANCE ;< - - -� 111 ",k--'")- -/ Y om \ ,_ l I � sub Siff c ,', ,.//' V- 1 \ \ ' Y ' <' 11111 . / MiAiH ..1 1,71. F\ i\�. w,oW,p .pi,, 1_ �� �°�� / . .. .:-. "'� "� I \ � � , u4,ofe.d Iist \ I S Feel I•'`_\ — \ 1 \ \ � , / y�P/ .,.�f ,1, ,..,. i. 0 (3 /Rr �a cs i� I. 411 4111 1 S135CCO3700 2S102BB00100 EXHIBIT O ALFORD, BURT W & PATRICIA M CRESS, SCOTT B AND DANA B 10180 SW TIGARD ST 9966 SW KATHERINE ST TIGARD, OR 97223 TIGARD, OR 97223 1S135CCO3800 2S102BB00403 ALFORD, BURT W PATRICIA DEROSSO, DAVID LEROY AND 10180 SW TIGARD ST JOANNE SUSAN TIGARD, OR 97223 12015 SW KAROL CT TIGARD, OR 97223 25102BB00405 1S135CCO2100 BAKER, HOWARD W DOROTHY M EDWARDS, GERALD R LAUREL 12065 SW KAROL CT 10390 SW MEADOW ST TIGARD, OR 97223 TIGARD, OR 97223 2S102BB00411 2S102BB00201 BECKHAM - FERGUSON, REBECCA FLEMING, PASQUALINA TRUSTEE 12020 SW KAROL CT 10060 SW KATHERINE TIGARD, OR 97223 TIGARD, OR 97223 2S102BB00410 2S1026B00501 BEDNAREK, CHRISTOPHER GANDER, DAVID R & SHANNON R 12050 SW KAROL CT 22932 SW WASHINGTON ST PORTLAND, OR 97223 SHERWOOD, OR 97140 1S135CC00800 251028800829 BOWSHER, BRADLEY C & GILLIS, MELEAH L & BOWSHER, KELLIE M & MOBLEY, JAY J TWIGG, RICHARD L & SANDRA M 10470 SW JOHNSON CT 11820 SW TIEDEMAN AVE TIGARD, OR 97223 PORTLAND, OR 97223 2S102BB00409 2S102BB00404 BRICKEY, JUDY F JOHNSON, CLIFFORD A & CYNTHIA LE 12070 SW KAROL CT 12045 SW KAROL CT TIGARD, OR 97223 TIGARD, OR 97223 1S135CCO3300 251026600300 BROOKER, FRED KING, JEFFREY H & SUSAN E 10060 SW TIGARD ST 10080 SW KATHERINE ST TIGARD, OR 97223 TIGARD, OR 97223 2S102BB00412 1S135CCO2800 CALCAGNO, VICKI A KLEIMAN, MARY T (OR) REV TRUST 10130 SW KATHERINE ST BY MARY T KLEIMAN TR TIGARD, OR 97223 10175 SW KATHERINE ST TIGARD, OR 97223 1S135CC01600 1S135CC01900 CLEMO, SUSAN R KOCH, RYAN G 10272 SW MEADOW ST 12524 SE EAGLE GLEN DR TIGARD, OR 97223 HAPPY VALLEY, OR 97086 1S135CC04500 1S135CB00800 KRASAUSK, PAUL & OREGON, STATE OF MACHARG, JOE JR & DEPT OF TRANSPORTATION TOTORICA, CAROL E RIGHT OF WAY SECTION PO BOX 23638 355 CAPITOL ST NE, RM 420 TIGARD, OR 97281 SALEM, OR 97301 • 135CCO3100 1S135CCO2600 K' AUSK, P ' L & PATRICK, PAUL C MAC OE JR & KATHLEEN A TOTO' CAROL E 10235 SW KATHERINE ST PO = *X 236: TIGARD, OR 97223 T ARD, OR 97281 135CC0460 2S102BB00402 K T P OWNERS OF PENALOZA, OFELIA LOTS HRU 5 10170 SW KATHERINE ST 000 TIGARD, OR 97223 2S1028800700 2S1026800828 LAWTON, MARY JANE PETERSON, KELLY T NOW SKELTON 10500 SW JOHNSON CT 10355 SW WALNUT TIGARD, OR 97223 TIGARD, OR 97223 1S135CC01400 2S10261300408 MCGUIRE, TRAVIS - & PURDY, JOHN T MCGUIRE, KITRI 12090 SW KAROL CT 10305 SW MEADOW ST TIGARD, OR 97223 TIGARD, OR 97223 2S10213800600 2S102BB00406 METRO REEVES, PAUL M BY OFFICE OF METRO ATTY 12085 SW KAROL CT 600 NE GRAND AVE TIGARD, OR 97223 PORTLAND, OR 97232 • 1S135CC04000 1S135CC04200 MPI SKIFF LLC SCHLESINGER, STACEY 5480 NW FRONT AVE 4216 SW 4TH AVE PORTLAND, OR 97210 PORTLAND, OR 97239 1S135CC01500 1S135CC04300 NELSON, BETTY JANE SCHLESINGER, STACEY & 10275 SW MEADOW ST SWOPES, BRET & LINDA S TIGARD, -OR 97223 4138 SW 4TH AVE PORTLAND, OR 97239 1S135CC04100 2S102BB00407 NW PROCESSING GROUP INC SCHMASOW, WALLACE I AND 4216 SW 4TH AVE ANN MARIE PORTLAND, OR 97239 12100 SW KAROL CT TIGARD, OR 97223 1S135CC01700 1S135CCO2700 O'DOHERTY, DENNIS AND SLYTER, ROBIN S AND SUSAN D GIBBONS, GERERDENE 10205 SW KATHERINE ST 10270 SW MEADOW TIGARD, OR 97223 TIGARD, OR 97223 • 25102BB00900 1S135CCO3200 SMITH, CHARLES R & DEBRA D TRUJILLO, BERNARDINO & EVA C 10065 SW JOHNSON ST 10030 SW TIGARD ST TIGARD, OR 97223 TIGARD, OR 97223 1S135CC01800 1S135CC04400 SUDENGA, CHARLENE M UEOKA, MILES B 10300 SW MEADOW ST 10134 SW ALYNE LN TIGARD, OR 97223 TIGARD, OR 97223 1S135CCO2900 1S135CCO2000 SWOPES, BRET & LINDA VALDEZ, STEVEN M & 13440 SW HOWARD DR KIMBERLY M TIGARD, OR 97223 10360 SW MEADOW ST TIGARD, OR 97223 1S135CCO3000 1S135CCO3500 SWOPES, BRET & LINDA S VONAHLEFELD, PAUL D 13440 SW HOWARD DR 10130 SW TIGARD ST TIGARD, OR 97223 TIGARD, OR 97223 1S1350001200 1S135CCO3600 SZYDLOWSKI, DOROTHEA L WEBB, ROBERT LEE 13478 SW UTE ST EDNA M TUALATIN, OR 97062 10140 SW TIGARD TIGARD, OR 97223 2S102BA00301 1S135CC01300 TIGARD INDUSTRIAL LLC ZWERLING, ADAM J & DEBORAH A 5845 JEAN RD 10325 SW MEADOW ST LAKE OSWEGO, OR 97035 TIGARD, OR 97223 102BA0030 1S135CCO2500 TI D I STRIAL LLC ZWINGRAF, JOSEPH R 584 N RD 10265 SW KATHERINE ST E OS 0, OR 97035 TIGARD, OR 97223 102BA00300 TI RD I STRIAL LLC 584 N RD E OS GO, OR 97035 102BB00 TI R ITY OF 13 W HALL BLVD GAR , OR 97223 2S102BB00500 TOLLIVER, KENNETH RAY & ALICE E 10200 SW KATHERINE ST TIGARD, OR 97223 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 Don & Dorothy Erdt 13760 SW 121st Avenue Tigard, OR 97223 Ellen Beilstein 14630 SW 139th Avenue Tigard, OR 97224 Todd Harding and Blake Hering Jr. Norris Beggs & Simpson 121 SW Morrison, Suite 200 • Portland, OR 97204 Vanessa Foster 13085 SW Howard Drive Tigard, OR 97223 Susan Beilke 11755 SW 114th Place Tigard, OR 97223 CPO 4B • 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 Patricia Keerins 12195 SW 121st Avenue Tigard, OR 97223 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CITY OF TIGARD - CENTRAL INTERESTED PARTIES (i: \curpin \setup \labels \CIT Central.doc) UPDATED: 18- Sep -09 • AFFIDAVIT OF MAILING 1111 I TIGARD I, Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am a Planning Assistant for the City of Tigard, Washington County, Oregon and that I served the following: ((heck App pnnte dux(s) Below l © NOTICE OF DECISION FOR: HOP2011- 00003 /MIJARES LANDSCAPING MAINTENANCE (file No. /Name Reference) AMENDED NOTICE ® City of Tigard Planning Director A copy of the said notice being hereto attached, marked Exhibit "A ", and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit "B ", and by reference made a part hereof, on January 25. 2011, and deposited in the United States Mail on January 25. 2011, postage prepaid. 01° - . / A /■_81. 'erson that P pared Notice / STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn /affirmed before me on the day of , 2011. ! - ' OFFICIAL SEAL �•-x � SHIRLEY L TREAT '' / �` r NOTARY PUBLIC - OREGON r) ,, _ "' COMMISSION NO. 416777 /) ',i MY COMMISSION EXPIRES APRIL 25, 2011 ( d_ _',, / t NOTARY PUB IC OF OREGON I-�" My Commission Expires: 41,10i i EXHIBIT 4 NOTICE OF TYPE II DECISION ■ HOME OCCUPATION PERMIT (HOP) 2011 -00003 11111 . MIJARES LANDSCAPING MAINTENANCE T I GARD 120 DAYS = 05/05/2011 SECTION I. APPLICATION SUMMARY FILE NAME: MIJARES LANDSCAPING MAINTENANCE FILE NO.: Home Occupation Permit (HOP) Type II HOP2011 -00003 APPLICANT: Ofelia Penaloza OWNER: Ofelia Penaloza 10170 SW Katherine St. 10170 SW Katherine St. Tigard, OR 97223 Tigard, OR 97223 PROPOSAL: The applicant is requesting approval for a home occupation permit to provide professional landscape maintenance. A truck and utility trailer will be stored behind a 6 foot fence and a second driveway will be installed to access the storage area. There will be one part time employee. COMPREHENSIVE PLAN DESIGNATION: Low - Density Residential. ZONING DESIGNATION: R -4.5; 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. LOCATION: 10170 SW Katherine St.; Washington County Tax Map 2S102BB, Tax Lot 00402. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.510 and 18.742. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section IV. HOP2011 -00003 Mijares Landscaping Maintenance 012511 Page 1 CONDITIONS OF APPROVAL UNLESS OTHERWISE NOTED, THE STAFF CONTACT SHALL BE HAP WATKINS IN THE PLANNING DIVISION AT (503) 718 -2440. 1. All Home Occupation standards discussed in this decision and detailed in the Tigard Development Code Chapter 18.742 must be complied with at all times. 2. The applicant shall ensure that business and employee vehicles park in the driveway and do not utilize on street parking. 3. Fencing shall comply with the requirements of TMC18.745.050.C.2; three feet in height in the front yard and six feet high in the side and rear yards. 4. The applicant shall maintain the clear vision area required at the west property line intersection with Katherine Street by removal or trimming the cedar hedge plantings to 3 feet for a distance of - approximately 10 feet from the front property line. 5. The second driveway access shall be 30 feet from the intersection of Katherine and Karol Streets and a paved apron shall be installed from the street to the property line. 6. The applicant shall contact the Planning Division for final inspection within 15 calendar days after the effective date of this decision. SECTION III. PUBLIC COMMENTS RECEIVED The City mailed notice to property owners within 500 feet of the subject site providing them an opportunity to comment. The City received two responses by e -mail. Mr. Kenneth Tolliver sent an e-mail complimenting the applicant on the improvements and maintenance of the property and expected the business to have no discernible effect on the neighborhood. He requested a stipulation that a recently planted hedge be trimmed down to 3 feet high for a distance of 10 -12 feet to allow adequate vision clearance for exiting his driveway. Staff responded that this request would be a condition of approval for the HOP decision. Mr. Chris Bednarek sent an e-mail with a list of questions employees, driveway, storage area, fencing, equipment, vehicles and parking. Staff responded to his questions by e -mail with the code cites for each question, explaining that the applicant has -net code requirements. Certain conditions of approval have been established in Section II of this decision that address many, of Mr. Bednarek's concerns. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS Section 18.390.040 states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standard, and to minimize the impact of the development on the public at large, public facihties 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. Section 18.390.040 states that when a condition of approval requires the transfer to the public of an interest in real property, the approval authority shall adopt findings which support the conclusion that the interest in real property to be transferred is roughly proportional to the impact the proposed development will have on the public. HOP2011 -00003 Mijares Landscaping Maintenance 012511 Page 2 The applicant has submitted an impact statement that addresses the impacts to the public systems. As there is no additional development or construction proposed or necessary to accommodate the use, there are few impacts that will be attributable to the Home Occupation. The nature of the business is not expected to contribute significant additional sewage, require significant additional water supply, increase storm drainage, detract from school capacity, require additional utility service, add demand to the park system, or generate noise beyond what is typical for a single- family residence. The transportation system will have an additional 4 to 6 trips per day as a result of the business, which is within the street's current capacity. Local streets are designed to c up to 1,500 vehicle trips per day. There are approximately 22 homes and a small commercial builglocated on the street, which would create approximately 400 total vehicle trips per day based on the ITE (Institute of Traffic Engineers) manual. Therefore, this standard is satisfied. Section 18.742.040 states that all home occupations except those that have proven non - conforming status, shall observe the following criteria in addition to the standards established for Type I and Type II uses described in 18.742.050: Home occupations may be undertaken only by the principal occupant(s) of a residential property; The proposed Home Occupation is being undertaken by (Melia Penaloza who is a principal occupant of the property. Therefore, this criterion is met. There shall be no more than three deliveries per week to the residence by suppliers; The applicant states there will be no deliveries to the home business. Therefore, this criterion is met. There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line resulting from the operation. Home occupations shall observe the provisions of the TDC Chapter 18.725, Environmental Performance Standards; No offensive noise, vibration, smoke, dust, odors, etc. are anticipated based on the proposed Home Occupation business since it will be conducted off -site. Therefore, this criterion is met. The home occupation shall be operated entirely within the dwelling unit and a conforming accessory structure. The total area which may be used in the accessory building for either material product storage and /or the business activity shall not exceed 528 square feet. Otherwise, the home occupation and associated storage of materials and products shall not occupy more than 25% of the combined residence and accessory structure gross floor area, but in no case shall the portion of the home occupation occupying the accessory use exceed 528 square feet. The indoor storage of materials or products shall not exceed the limitations imposed by the provisions of the building, fire, health and housing codes; The parking storage area behind the fence is proposed to be approximately 350 to 400 square feet. Therefore, this criterion is met. A home occupation shall not make necessary a change in the Uniform Building Code use classification of a dwelling unit. Any accessory building that is used must meet Uniform Building Code requirements and be in conformance with TMC Title 14; No changes to the use classification of the accessory building are proposed. This criterion is not applicable. More than one (1) business activity constituting two or more home occupations shall be allowed on one property, only if the combined floor space of the business activities does not exceed 25 percent of the combined gross floor area of the residence and accessory structure. Each home occupation shall apply for a separate home occupation permit. NOTE: The Tigard Business Tax requires payment for only one (1) Business Tax if the same owner is operating more than one approved business at the same location. Although payment for each separate business is not required, it is required that all names of the businesses which are currently in operation at that location be specifically listed on the Business Tax Certificate and be visibly posted at the business location. There are no other Home Occupations approved or requested for this site. Therefore, this criterion does not apply. HOP2011 -00003 Mijares Landscaping Maintenance 012511 Page 3 There shall be no storage and /or distribution of toxic or flammable materials, and spray painting or spray finishing operations that involve toxic or flammable material which in the judgment of the Fire Marshall pose a dangerous risk to the residence, its occupants, and /or surrounding properties. Those individuals which are engaged in home occupations shall make available to the Fire Marshal, for review, the Material Safety Data Sheets which pertain to all potentially toxic and /or flammable materials associated with the use; The applicant states that there will be no toxic chemicals or flammable fluids stored on the premises beyond those normally attributed to a single - family residence. Therefore, this criterion is satisfied. No home occupation shall require any on or off - street parking other than that normally required for • a residence; The applicant states that the two car driveway will be available for personal use and for the part time employee to park off - street. The second access from the street is for storage of the business vehicle and trailer so it will be in an enclosed area complying with the Development Code. Therefore this criterion is satisfied. The following uses are not allowed as home occupations: ib a) Auto -body repair and painting. Ongoing mechanical repair conducted outside of an entirely enclosed building. c) Junk and salvage operations. d) Storage and /or sale of fireworks. The proposed Home Occupation does not involve any of the above uses. Therefore, this criterion does not apply. There shall be no exterior storage of vehicles of any kind used for the business except one commercially licensed vehicle of not more than three- quarters ton GVW which may be parked outside of a structure or screened area; . The applicant has indicated that there will be no business vehicles stored outside a screened area. Therefore, this criterion is met. In addition to the general approval criteria, Type -II home occupations allow the following according to the TCDC chapter 18.142.050: (a) One non - illuminated sign, not exceeding 1.5 square feet, which shall be attached to the residence or accessory structure or placed m a window, (b) No more than one outside volunteer or employee who is not a principal resident of the premises; (c) No more than six daily customers or clients. Customers and clients may not visit the business between the hours of 10:00 p.m. and 8:00 a.m. and shall not generate excessive traffic or monopolize on- street parking; (d) Storage of materials, goods, and equipment which is screened entirely from view by a solid fence. Storage shall not exceed five (5) percent of the total lot area and shall not occur within the front yard or the required side yard setback. The applicant has indicated that there will be no sign, one part time employee, no visiting clients, no parking in the right -of -way, no storage of equipment outside a screened area and the storage space is not in a required side yard and is less than 5% of the lot. Therefore, these criteria are satisfied. SECTION V. OTHER STAFF COMMENTS The Tigard Development Engineer was sent copies of the proposal and commented that the second driveway approach to Katherine Street would require a paved apron to the property line. The access point to the street must be 30 feet from the intersection of Karol Street. The Tigard Building Department and Police Department were sent copies of the proposal and no comments were received. HOP2011 -00003 Mijares Landscaping Maintenance 012511 Page 4 SECTION VI. AGENCY COMMENTS Tualatin Valley Fire and Rescue was sent a copy of the proposal and had no comments. SECTION VII. PROCEDURE AND APPEAL INFORMATION Notice was posted at City Hall and mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies THIS DECISION IS FINAL ON JANUARY 25, 2011 AND EFFECTIVE ON FEBRUARY 9, 2011 UNLESS AN APPEAL IS FILED. Appeal: The Director's Decision is final on the date that it is mailed. Any party with standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any parry during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON FEBRUARY 8, 2011. Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639 -4171. January 25. 2011 PREPARED BY: Darrel "4" Watkins DATE Assistant Planner 503 - 718 -2440 HOP2011 -00003 Mijares Landscaping Maintenance 012511 Page 5 r _ ,. I - 7 I Y \. - 1 VICINITY MAP W 1 Q I I' - ..'1 r: r'� r T - HOP2011 -00003 — I : MIJARES LANDSCAPING MAINTENANCE r / SCOTT C T riir r ,� � f PI1 Cr PII Ai Y ; . _ 4 fir. � fl Site • lUIII . mon ., MEADOW 51 AL•YNE.6N mill ���� KArMERitVE ST Y r ' , t p . , • III Woodard Park cc Q Y ----7--1 DA gririg 1 t r Woodard Pork _ Information on this map is for general location tl, - `N- only and should be verified with the Q II I �+ Development Services Division. v � � Ai, Q Approx. Scale 1:4,000 - 1 in = 33311 4 Z • �EA } f Map printed at 10:54 AM on 07-Jan-11 V P O - MAKES IS DERNED FROM MULTIPLE SOURCES. THE TIGARO i S N WARRANTY, REPRESENTATION ORANTEE AS TO ONE CONTENT, ACCURACY. , PROVIDED HEREIN. REIN. CITY S, NE OR COMPLLETENE TENESS S OF ANY OF THE DATA PROVIDED THE CITY TIGARD SHALL ASSUME NO �1� LIABILITY FOR ANY ERRORS. R OVIDE OMISSIONS, OR PRA IN THE Q INFORMATION PROVIDED REGARDLESS OF F HOW NOW CAUSED. D. P 4 IP* / �S - C of T i y srd Feet ONST tIGAR A0 ! d, i . Q $QQ M 6-417 1 1 (i .! I 1 .. . , c T 0 Z.T ; . . ( 1> . --- 0 1:3 H . . ... NI . f vi r • :I ' q al 0 fIC n -1 (.5 .... Tr, ;.. -i_1, , S I 0"■.; CS V '7" 1 G ; v \ 1 — — : I pi.q.1 l• —›-' a, d .= • . I -.-., VAN ?UMW) r l ti c .- --- c• 1 g I — _V I:: •?.4 V 1 :), •- - - 0 i 0 LT OT I . buopod fr r- 0... ...., i I., • .‹ c i.,.. -, --; I Frio pt.19 ,i — \ 0Y T ----- ..17) - . P 1.> r ----- c .., ,,,..,_.,, ho , --' ' ,...:e:11 .11 ). AC " I \ t'. I )0 1,, cti f 101)4 . , 9 0 ' - ' * . v\ ... . , , (.. i K 114 i'i .., , . .., ,..., ... 4-...„,.., \ 1 --- q. I — I Egl . I , , .................... -LS 3 N 1113 HIV X . - -..‘ . . Ofelia Penaloza HOP2011 -00003 EXHIBIT . 10170 SW Katherine Street MIJARES LANDSCAPING MAINTENANCE Tigard, OR 97223 Vicki A. Calcagno 10900 SE Clair Ln. Dayton, OR 97114 -7442 Ken Tolliver 10200 SW Katherine Street Tigard, OR 97223 Chris F. Bednarek 12050 SW Karol Ct. Tigard, OR 97223 CITY OF TIGARD ; ;, COMMUNITY DEVELOPMENT DEPARTMENT ` PLANNING DIVISION 13125 SW HALL BOULEVARD o TIGARD, OREGON 97223 PHONE: 503 - 639 -4171 FAX: 503- 718 -2748 (Attn: Patty /Planning) EMAIL: pattya or.gov REQUEST FOR 500 -FOOT PROPERTY OWNER MAILING LIST Property owner information is valid for 3 months from the date of your request INDICATE ALL PROJECT MAP & TAX LOT NUMBERS (i.e. 1S134AB, Tax Lot 00100) OR THE ADDRESSES FOR ALL PROJECT PARCELS BELOW: (If more than 1 tax lot or if the parcel has no address, you must separately identify each tax lot associated with the project.) 10170 SW Kr.1tker.ne. 5t 2,5 1 02, 8hoo4-oZ PLEASE BE AWARE THAT ONLY 1 SET OF LABELS WILL BE PROVIDED AT THIS TIME FOR HOLDING YOUR NEIGHBORHOOD MEETING. After submitting your land use application to the Qty, and the project planner has reviewed your application for completeness, you will be notified by means of an incompleteness letter to obtain your 2 final sets of labels. IF YOU HAVE BEEN NOTIFIED BY PLANNING TO OBTAIN YOUR LABELS, PLEASE INDICATE BELOW THAT YOU NEED 2 SETS OF LABELS. ❑ Completeness Letter Received Indicating 2 Sets of Envelopes w /Affixed Address Labels Required The 2 final sets of labels need to be placed on envelopes (no self - adhesive envelopes please) with first class letter - rate postage on the envelopes in the form of postage stamps (no metered envelopes and no return address) and resubmitted to the City for the purpose of providing notice to property owners of the proposed land use application and the decision. The 2 sets of envelopes must be kept separate. The person listed below will be called to pick up and pay for the labels when they are ready. NAME OF CONTACT PERSON: Ore I; Gt PpnC1 bozo PHONE: ( 503 )- 6 - (,QR g2,3 3 NAME OF COMPANY: FAX: ( )- - EMAIL: pr ha 0#2 yokoo . CG'rvi This request may be emailed, mailed, faxed, or hand delivered to the City of Tigard. Please allow a 2 -day minimum for processing requests. Upon completion of your request, the contact person listed will be called to pick up their request that will be placed in "Will Call" by the company name (or by the contact person's last name if no company) at the Planning /Engineering Counter at the Permit Center. The cost of processing your request must be paid at the time of pick up, as exact cost can not be pre - determined. PLEASE NOTE: FOR REASONS OF ACCURACY, ONLY ORIGINAL MAILING LABELS PROVIDED BY THE CITY VS. RE -TYPED MAILING LABELS WILL BE ACCEPTED. Cost Description: $11 to generate the mailing list, plus $2 per sheet for printing the list onto labels (20 addresses per sheet). Then, multiply the cost t( print one set of labels by the number of sets requested. - EXAMPLE - - COST FOR THIS REQUEST - 4 sheets of labels x $2 /sheet = $8.00 x 2 sets = $16.00 2_ sheet(s) of labels x $2 /sheet = $ 6 x .4 sets = 1 sheets of labels x $2 /sheet for interested parties x 2 sets = $ 4.00 1 . sheet(s) of labels x $2 /sheet for interested parties = � x .7 sets = . GENERATE LIST = $11.00 E _ RATE T = 1 !: TOTAL = $31.00 TOTAL ( 3 5e1-5 1,11W 1 IIIIIIIIr Area Notified (500 Ft) TI ARD ST W.& \ k laPW ::: 1 1110- 111,1111111 OFELIA PENALOZA \ I Ilk VW MI _ i 10170 SW Katherine St. FowhrMS `...... -_�■ (2S102BB, 00402) _ - ` in PIHAS ST .._ 'N ' • —•.%. 1.. N\N ■ *, r 1 to A 6 /111,7 ' : , x • 14 Imp Er MEADOW 414, \\`\``. ` - .4 NF 4111 ` \ � \``\ \\` \\ • • : :: Subject Site ■ 4mai Illr • , 1: ❖.•.t � �� � � Ns, ■ 1 ,,, EW\ `∎ r \ Property owner information is valid ` ` \\ for 3 months from the date printed on \ \ \S � , � \ ` ` this map. . rir low a W � . t z � \ ` ._.r Q • ' �t $ , • �Ili ` �`� Map Printed: 21�ep 10 u`nr' t A Z � or i pp � � ' p k Information on this ap is for general location Z � \ ' �` 1 only and should be ry ces Di mi io the Development W DATA IS DERIVED FROM MULTIPLE SOURCES. THE CITY OF TIGARD Q JO . . `` MAKES NOT WARRANTY. REPRESENTATION, OR GUARANTEE AS TO THE .■ I CONTENT, ACCURACY, TIMELINESS OR COMPLETENESS OF ANY OF THE yjV DATA PROVIDED HEREIN THE CITY OFTIGSRD SWILL ASSUME NO I -- JOHNSON ST . 404, 4 L1BABlnY FOR ANY ERRORS. OMISSIONS. OR INACCURMAES IN THE 4. RFORMATION PROVIDED REGARDLESS OF HOW CAUSED. 0 NMI 01 ♦ A �sA . .t COMMUNITY DEVELOPMENT DEPARTMENT 4:- C tY o17galtl . 1315 SW HBX Blvd i WO o ititiv--F��►` \\ , ,, y.T' 15=38309=17123 I i _ hi.■_■,. . www.tiga Rt- Dr.gOv I "• • F u 1S135CCO3700 2S102BB00100 ALFORD, BURT W & PATRICIA M CRESS, SCOTT B AND DANA B 10180 SW TIGARD ST 9966 SW KATHERINE ST TIGARD, OR 97223 TIGARD, OR 97223 1S135CCO3800 2S102BB00403 ALFORD, BURT W PATRICIA DEROSSO, DAVID LEROY AND 10180 SW TIGARD ST JOANNE SUSAN TIGARD, OR 97223 12015 SW KAROL CT TIGARD, OR 97223 2S102BB00405 1S135CCO2100 BAKER, HOWARD W DOROTHY M EDWARDS, GERALD R LAUREL 12065 SW KAROL CT 10390 SW MEADOW ST TIGARD, OR 97223 TIGARD, OR 97223 2S102BB00411 2S102BB00201 BECKHAM - FERGUSON, REBECCA FLEMING, PASQUALINA TRUSTEE 12020 SW KAROL CT 10060 SW KATHERINE TIGARD, OR 97223 TIGARD, OR 97223 2S102BB00410 2S102BB00501 BEDNAREK, CHRISTOPHER GANDER, DAVID R & SHANNON R 12050 SW KAROL CT 22932 SW WASHINGTON ST PORTLAND, OR 97223 SHERWOOD, OR 97140 1S135CC00800 2S102BB00829 BOWSHER, BRADLEY C & GILLIS, MELEAH L & • BOWSHER, KELLIE M & MOBLEY, JAY J TWIGG, RICHARD L & SANDRA M 10470 SW JOHNSON CT 11820 SW TIEDEMAN AVE TIGARD, OR 97223 PORTLAND, OR 97223 2S102BB00409 2S102BB00404 BRICKEY, JUDY F JOHNSON, CLIFFORD A & CYNTHIA LE 12070 SW KAROL CT 12045 SW KAROL CT • TIGARD, OR 97223 TIGARD, OR 97223 1S135CCO3300 2S102BB00300 • BROOKER, FRED KING, JEFFREY H & SUSAN E 10060 SW TIGARD ST 10080 SW KATHERINE ST TIGARD, OR 97223 TIGARD, OR 97223 2S102BB00412 1S135CCO2800 , CALCAGNO, VICKI A KLEIMAN, MARY T (OR) REV TRUST 10130 SW KATHERINE ST BY MARY T KLEIMAN TR TIGARD, OR 97223 10175 SW KATHERINE ST TIGARD, OR 97223 1S135CC01600 1S135CC01900 CLEMO, SUSAN R KOCH, RYAN G 10272 SW MEADOW ST 12524 SE EAGLE GLEN DR ' TIGARD, OR 97223 HAPPY VALLEY, OR 97086 1S135CC04500 1S135CB00800 KRASAUSK, PAUL & OREGON, STATE OF - MACHARG, JOE JR & DEPT OF TRANSPORTATION • TOTORICA, CAROL E RIGHT OF WAY SECTION PO BOX 23638 355 CAPITOL ST NE, RM 420 TIGARD, OR 97281 SALEM, OR 97301 • 135CCO3100 1S135CCO2600 K' AUSK, P ' L & PATRICK, PAUL C MAC OE JR & KATHLEEN A TOTO: CAROL E 10235 SW KATHERINE ST PO = •X 236 TIGARD, OR 97223 T ARD, OR 97281 135CC0460 2S102BB00402 K T P OWNERS OF PENALOZA, OFELIA LOTS HRU 5 10170 SW KATHERINE ST 000 TIGARD, OR 97223 2S102BB00700 2S102BB00828 LAWTON, MARY JANE PETERSON, KELLY T NOW SKELTON 10500 SW JOHNSON CT 10355 SW WALNUT TIGARD, OR 97223 TIGARD, OR 97223 1S135CC01400 2S10281300408 MCGUIRE, TRAVIS & PURDY, JOHN T MCGUIRE, KITRI 12090 SW KAROL CT 10305 SW MEADOW ST TIGARD, OR 97223 TIGARD, OR 97223 2S102BB00600 2S102BB00406 METRO REEVES, PAUL M BY OFFICE OF METRO ATTY 12085 SW KAROL CT 600 NE GRAND AVE TIGARD, OR 97223 PORTLAND, OR 97232 1S135CC04000 1S135CC04200 MPI SKIFF LLC SCHLESINGER, STACEY 5480 NW FRONT AVE 4216 SW 4TH AVE PORTLAND, OR 97210 PORTLAND, OR 97239 1S135CC01500 1S135CC04300 NELSON, BETTY JANE SCHLESINGER, STACEY & 10275 SW MEADOW ST SWOPES, BRET & LINDA S TIGARD, OR 97223 4138 SW 4TH AVE PORTLAND, OR 97239 1S135CC04100 2S102BB00407 NW PROCESSING GROUP INC SCHMASOW, WALLACE I AND 4216 SW 4TH AVE ANN MARIE PORTLAND, OR 97239 12100 SW KAROL CT TIGARD, OR 97223 1S135CC01700 1S135CCO2700 O'DOHERTY, DENNIS AND SLYTER, ROBIN S AND SUSAN D GIBBONS, GERERDENE 10205 SW KATHERINE ST 10270 SW MEADOW TIGARD, OR 97223 TIGARD, OR 97223 2S102BB00900 1S135CCO3200 SMITH, CHARLES R & DEBRA D TRUJILLO, BERNARDINO & EVA C 10065 SW JOHNSON ST 10030 SW TIGARD ST TIGARD, OR 97223 TIGARD, OR 97223 1S135CC01800 1S135CC04400 SUDENGA, CHARLENE M UEOKA, MILES B 10300 SW MEADOW ST 10134 SW ALYNE LN TIGARD, OR 97223 TIGARD, OR 97223 1S135CCO2900 1S135CCO2000 SWOPES, BRET & LINDA VALDEZ, STEVEN M & 13440 SW HOWARD DR KIMBERLY M TIGARD, OR 97223 10360 SW MEADOW ST TIGARD, OR 97223 1S135CCO3000 1S135CCO3500 SWOPES, BRET & LINDA S VONAHLEFELD, PAUL D 13440 SW HOWARD DR 10130 SW TIGARD ST TIGARD, OR 97223 TIGARD, OR 97223 1S135CC01200 1S135CCO3600 SZYDLOWSKI, DOROTHEA L WEBB, ROBERT LEE 13478 SW UTE ST EDNA M TUALATIN, OR 97062 10140 SW TIGARD TIGARD, OR 97223 2S102BA00301 1S135CC01300 TIGARD INDUSTRIAL LLC ZWERLING, ADAM J & DEBORAH A 5845 JEAN RD 10325 SW MEADOW ST LAKE OSWEGO, OR 97035 TIGARD, OR 97223 102BA0030 1S135CCO2500 TI D I STRIAL LLC ZWINGRAF, JOSEPH R 5845 N RD 10265 SW KATHERINE ST E OS 0, OR 97035 TIGARD, OR 97223 102BA00300 • TI RD I STRIAL LLC 584 N RD E OS GO, OR 97035 102BB00 TI R ITY OF 13 W HALL BLVD GAR , OR 97223 2S102BB00500. TOLLIVER, KENNETH RAY & ALICE E 10200 SW KATHERINE ST TIGARD, OR 97223 fi Gretchen Buehner '• 13249 SW 136th Place Tigard, OR 97224 Don & Dorothy Erdt 13760 SW 121st Avenue Tigard, OR 97223 Ellen Beilstein 14630 SW 139th Avenue Tigard, OR 97224 Todd Harding and Blake Hering Jr. Norris Beggs & Simpson 121 SW Morrison, Suite 200 Portland, OR 97204 Vanessa Foster 13085 SW Howard Drive Tigard, OR 97223 • Susan Beilke 11755 SW 114th Place Tigard, OR 97223 CPO 4B • 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 Patricia Keerins 12195 SW 121st Avenue Tigard, OR 97223 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CITY OF TIGARD - CENTRAL INTERESTED PARTIES (i: \curpin \setup \labels \CIT Central.doc) UPDATED: 18- Sep -09 2S102BB00402 PENALOZA, OFELIA 10170 SW KATHERINE ST 7 19 obo/2w TIGARD, OR 97223 / 17r7a& • LAND USE PROPOSAL DESCRIPTION 120 DAYS = 5/5/2011 FILE NO.: HOME OCCUPATION PERMIT (HOP) 2011 -00003 FILE TITLE: MIJARES LANDSCAPING MAINTENANCE APPLICANT: Ofelia Penaloza OWNER: Ofelia Penaloza 1017OSW Katherine St. 1017QSW Katherine St. Tigard, OR 97223 Tigard, OR 97223 REQUEST: The applicant is requesting approval for a home occupation permit to provide professional landscape maintenance. A truck and utility trailer will be stored behind a 6 foot fence and a second driveway will be installed to access the storage area. There will be one part time employee. LOCATION: 10170 SW Katherine Street; Washington County Tax Map 2S102BB, Tax Lot 00402. 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 18.390, 18.510 and 18.742. DECISION MAKING BODY BELOW: ❑ TYPE I ® TYPE II ❑ TYPE III ❑ TYPE IV I COMMENTS WERE SENT: JANUARY 7, 2011 COMMENTS ARE DUE: JANUARY 21, 2011 ❑ HEARINGS OFFICER (MON.) DATE OF HEARING: TIME: 7:00 PM ❑ PLANNING COMMISSION (MON.) DATE OF HEARING: TIME: 7:00 PM ❑ CITY COUNCIL (TUES.) DATE OF HEARING: TIME: 7:30 PM ® STAFF DECISION (TENTATIVE) DATE OF DECISION: JANUARY 28, 2011 I COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION ® VICINITY MAP ® FLOOR PLAN ® IMPACT STUDY ® SITE PLAN ❑ STORM WATER ANALYSIS ❑ TRAFFIC STUDY ® NARRATIVE ❑ TREE PLAN ® OTHER: MISCELLANEOUS STAFF CONTACT: Darrel "Hap" Watkins, Assistant Planner (503) 718 -2440 AI'a'i.][CA'd'ION ,a t u City of Tigard c N Land Use Permit Application ,f . TIGARD , File # HO e;j O //, 00063 Other Case # pg 2 Ol 0 •O uo 2-.D Date V5 //0 B K7P Receipt # / 8,79 / Fee ? 3 I • 9 Date Complete // /// TYPE OF PERMIT YOU ARE APPLYING FOR ���/// ❑ Adjustment /Variance (I or II) ❑ Historic Overlay (II or III) ❑ Site Development Review (II) ❑ Comprehensive Plan Amendment (IV) © Home Occupation (II) ❑ Subdivision (II or III) ❑ Conditional Use (III) ❑ Minor Land Partition (II) ❑ Zone Change (III) ❑ Development Code Amendment (IV) ❑ Planned Development (III) ❑ Zone Change Annexation (IV) ❑ Downtown Design Review (II, III) ❑ Sensitive Lands Review (I, II or III) LOCATION WHERE PROPOSED ACTIVITY WILL OCCUR (Address if available) 10110 S'4 Kather &F., Ti gard, 0 R g17.212- TAX MAPS & TAX LOT NOS. 2S 102 . 88OO'-f02 TOTAL SITE SIZE ZONING CLASSIFICATION g , 7 /2. s /O. ZO a creS RI+. 5 APPLICANT* 0 f Iia Pen a lo zc MAILING ADDRESS /CITY /STATE /ZIP 10 17 0 SW Katherine. "•, Tigard, 02 g722 PHONE NO. FAX NO. (503) (bog g233 - PRIMARY CONTACT PERSON PHONE NO. Ofel 1 a Pena I z-a (5o3) 0o 82 3 3 PROPERTY OWNER /DEED HOLDER (Attach list if more than one) afeI Pena low MAILING ADDRESS /CITY /STATE /ZIP 1 0170 SW Kathe�ri ne. S"• Ti D� 97,223 PHONE NO FAX NO. (503) (90 g 8233 *When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owners must sign this application in the space provided on the back of this form or submit a written authorization with this application. PROPOSAL SUMMARY (Please be specific) is \curpin \ masters \land use applications \ other land use applications.doc City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 �� 503- 718 -2421 I www.tigard-or.gov I Page 1 of 2 THE APPLICANT SHALL CERTIFY THAT: ♦ If the application is granted, the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. ♦ All the above statements and the statements i the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, map be revoked if it is found that any such statements are false. ♦ The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application(s). SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. Of PQ3O(oza /,Z/fo /.. cfo Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Applicant /Agent /Representative's Signature Date Applicant /Agent /Representative's Signature Date City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503-718-2421 www.tigard- or.gov I Page 2 of 2 CITY OF TIGARD RECEIPT 4 s � 13125 SW Hall Blvd., Tigard OR 97223 503.639.4171 TIGARD Receipt Number: 180951 - 01/05/2011 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID HOP2011 -00003 Home Occupation Permit - Type II 1003100 -43116 $522.00 HOP2011 -00003 Home Occupation Permit - Type II - LRP 1003100 -43117 $77.00 Total: $599.00 PAYMENT METHOD CHECK # CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 1118 KPEERMAN 01/05/2011 $599 00 Payor: MIJARES LANDSCAPING MAINTENANCE Total Payments: $599.00 Balance Due: $0 00 Page 1 of 1 PUBLIC FACILITY PLAN Project: )P2011 -00003 COMPLETENESS CHECKLIST Date: January 12. 2011 GRADING ❑ Existing and proposed contours shown. N/A ❑ Are there grading impacts on adjacent parcels? N/A ❑ Adjacent parcel grades shown. N/A ❑ Geotech study submitted? N/A STREET ISSUES ❑ Right -of -way clearly shown. ❑ Centerline of street(s) clearly shown. ❑ Street name(s) shown. ❑ Existing /proposed curb or edge of pavement shown. ❑ Street profiles shown. ❑ Future Street Plan: Must show street profiles, topo N/A on adjacent parcel(s), etc. ❑ Traffic Impact and /or Access Report ❑ Street grades compliant? ❑ Street/ROW widths dimensioned and appropriate? ❑ Private Streets? Less than 6 lots and width appropriate? ❑ Other: Paved apron for driveway access 1. The apron for the 2 driveway must be paved. The applicant states that the apron will be paved, so this requirement will be met with that action. 2. Driveway location meets the 30 -foot distance requirement (measured along the right-of-way line on Katherine Street) from the right -of -way of Karol Court. SANITARY SEWER ISSUES El Existing /proposed lines shown. ❑ Stubs to adjacent parcels required /shown? WATER ISSUES ❑ Existing /proposed lines w/ sizes noted? El Existing /proposed fire hydrants shown? ❑ Proposed meter location and size shown? ❑ Proposed fire protection system shown? STORM DRAINAGE AND WATER QUALITY ISSUES ❑ Existing /proposed lines shown? ❑ Preliminary sizing calcs for water quality /detention provided? ❑ Water quality /detention facility shown on plans? ❑ Area for facility match requirements from calcs? ❑ Facility shown outside any wetland buffer? ❑ Storm stubs to adjacent parcels required /shown? REVISED: 01/12/11 OTHER UTILITY ISSUES ❑ Existing /proposed power lines shown. ❑ Other The submittal is hereby deemed ® COMPLETE ❑ INCOMPLETE // By: l P � Date: January 12, 2011 REVISED: 01/12/11 Written summary of proposal I am requesting a Type II Home Occupation Permit because I need to be able to park a business truck and utility trailer on the east side of the property. First I am going to briefly describe some of the changes I want to implement to develop the topography and make it accessible to the commercial vehicle. Then I will explain in more detail each step I am planning to follow to accomplish my goal. I will respect the neighborhood and the city rules at all times. First of all I want to put up a wooden fence on the south and east side of the property to conceal the truck and utility trailer from public view. This fence will not be more than 6 feet tall at its tallest point. I am planning to use the same kind of wood as is seen around the neighborhood. The fence will have a double door gate for the pickup truck and utility trailer to enter and exit the property. The gate doors will remain closed at all times unless the utility vehicle is entering or exiting the property. I will have a second driveway that will give access to the fenced area for the commercial vehicle. I will improve the topography to make it accessible and visually pleasant. I will cover the driveway and parking area behind the fence with crushed rock and pave the apron to the street. I will keep the minimum entry point to the street. I will leave the three pre- existing trees on the northeast side corner untouched. I will put a retaining wall to improve the look of the area. I will keep all visible areas to the public clear of obstacles, tools, debris, etc., related to the nature of the business. I will not have a sign in front of the property advertising the business. I will make any necessary adjustments to my plans in order to meet city regulations. I will cause no excessive noise. I will not perform any business at 10170 SW Katherine St., Tigard, OR 97223. I will use this address solely to garage one commercial vehicle and one accessory, in this case a utility trailer. I kindly request your assistance and invite you to let me know of any regulations I might be accidentally overlooking and allow me to make any necessary changes in order to fulfill the requirements to obtain the requested Type II Home Occupation Permit and be able to park my commercial vehicle at home. Thank you for your consideration of my request. Best regards, Ofelia Penaloza - - Conditions of approval 1. Due to the fact that the business is not being operated from my residence, limiting the time, place, days and manner of operation will not apply. Section 18.742.050 states conditions on hours of incoming clients to my residential home, since I will be the one making way to the clients there is no relation between this section and what is I'm trying to obtain through this permit. 2. As described in section 18.742.040 I will be sure that parking the truck and utility trailer at my property will have no environmental impact; there will be no offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line resulting from operation. Neither the pickup truck nor the utility trailer has any adaptations to make it more harmful than any other vehicle of its nature; they are not considered heavy vehicles. The pickup truck and utility trailer are freed of yard debris once a day, consequently no odor will emerge and the driveway as well as the parking area behind the fence will be covered with crushed rock or concrete so dust will not pollute the air. 3. Abiding by section 18.742.040, I will operate entirely within the dwelling unit and conforming accessory structure, therefore I will not require additional building setbacks, nor increase lot area, depth or width. 4. As section 18.742.040 states, I will further limit the building area and outdoor storage used by the home occupation and restricting the location of the use on the site in relationship to adjoining uses. The majority of the tools needed to perform landscaping maintenance will be loaded into the pickup truck and /or utility trailer; any additional tools will be maintained in a storage'shed out of public view. The pickup truck and utility trailer will be concealed behind the wooden fence. Therefore, all visible areas to the public will at all time be clear of obstacles, tools, debris, etc. 5. Per section 18.742.040, I will designate the size, number, location and design of vehicle access points. I have assigned the Southeast side of the property to build a wooden fence and second drive way. The drive way will be at the minimum entry point of the street. 6. As I explained in my response to the first condition, clients will not be coming to my place of residence; therefore, requiring street right -of -way to be free at all times of vehicles associated with the home occupation will be no problem. In regards to section 18.742.040, all vehicles of operation will be parked in a screened area. This will help in abiding 18.742.50 which states conditions on incoming clients. 7. As section 18.742.050 asks of me, I will be putting up a wooden fence on the Southeast side of my residential property to screen my home occupation and conceal the truck and utility trailer from public view. 8. No storm drainage improvements are necessary and the parking surface will be made up of crushed rock; following section 18.742.040. 9. The only remodeling that is going to take place is the exterior, wooden fence I will build in order to abide section 18.742.050 and provide a screen between the vehicles of operation and the public. 10. No outdoor lighting will be used during the day; nothing more than the typical motion - sensing security light will be activated after the sun has set. 11. In regards to section 18.742.050, the fence I will build will be no more than 6 feet tall, will be made up of wood I've witnessed being used around my neighborhood, will have a double -door gate for the pickup truck and utility trailer to enter and exit the property and these doors will remain closed unless the vehicles are on their way in or out. If needed, I will build storage to keep materials, goods and equipment screened entirely from view and this space shall not exceed more than five percent of the total lot area. 12. No existing trees, vegetation, watercourses, slopes, wildlife habitat or drainage areas will be affected from the parking of my vehicles in my residential area. 13. Parked at my home, in a secluded. area will be only one truck and one accessory- a utility trailer. 14. I will adapt to any limitations that the Director may feel necessary or desirable to make comply with purposes stated in sections 18.742.040 and 18.742.050. Impact Statement This impact statement is to measure the effect of the development on public facilities and services, as stated on the Development Code of Land Use Decision Making Procedures, section 18.390.40. This particular Type II Home Occupation Permit will have no impact in the transportation services, since it will have no interference with public transportation services of any kind. It will not impact the bikeways because there are no bikeways near by the private property applying for the Type II Home Occupation Permit. The drainage system will not be impacted since no additional drainage will be needed or previously existing drainage will be obstructed at any time, by parking the business vehicle and accessory at the private property located at 10170 SW Katherine St., Tigard, OR 97223. The parks system will not receive any direct or indirect impact due to the fact that no excessive traffic will be generated by this business since only one employee is allowed to come to the premises in a daily basis. The water services will receive no impact by this Type II Home Occupation Permit as no water will be needed or used at any time by parking the commercial pickup truck and utility trailer on site. The sewer system will have no impact as nothing will be drained into as a result of parking the commercial vehicle and /or utility trailer. And last but not least, it will have no noise impact since no additional or loud noise will emerge from the vehicle since it has no adaptations of any nature to cause any more noise than a regular pickup truck. Please inform me if any additional information regarding this impact statement is needed before a decision can be made or if any changes are required. Truly yours, Ofelia Penaloza 10170 SW Katherine St Tigard, OR 97223 Cell (503) 245 -1090 Ofelia022274@yahoo.com January 4, 2011 C1eanWater Servo 11 if Our tmnnutunnt is.lc•.sr OCT 1 5 2010 CWS File Number Sensitive A -a Pre - Screening I ld -- 00 - i I By _ Site Assessment Jurisdiction: ri f y of' T; a(trd — Property Information: (example 1S234AB01400) Owner Information: Tax lot ID(s): 2-5102e(300 1 40 2- Name: Orel i'n Ppr,n(oZ-a Company: Address: 10 11 0 S tni K A+H Lk' in() 5t Site Address: 1O17D SW Ko+herine S+ Ti prcl 0k 97.Z23 Ti3nrr4, OR 972,23 Phone /Fax: A5A. / 40 k 82.33 i Nearest Cross Street: SW K0 ro I C { E -mail: r, - • • I _ _ I j • Development Activity: Check all that apply Applicant information: n Addition to Single Family Residence (rooms, deck, garage) ❑ Name: Q 1Q. I i a Y r 07 q Lot Line Adjustment ❑ Minor Land Partition ❑ Company: Residential Condominium ❑ Commercial Condominium ❑ Address: 0110 S W Ka -f h e y i n e St Residential Subdivision ❑ Commercial Subdivision ❑ Ti ard, 02 g7.2 -23 Single Lot Commercial ❑ Multi Lot Commercial ❑ Phone /Fax: (,5 ?a) 6208 8233 / Other parEin iv)cineis veil iCle E -mail: °fe1 i 02 ZZ74(d fg llnp. r nw. Will the project Involve any off -site work: YES ❑ NO Unknown n Location and description of off -site work: Additional comments or Information that may be needed to understand your project: This application does NOT replace the need for Grading and Erosion Control Permits, Connection Permits, Building Permits, Site Development Permits, DEQ 1200 -C Permit or other permits as Issued by the Department of Environmental Quality, Department of State Lands and/or Department of the Army COE. All required permits and approvals must be obtained and completed under applicable local, state, and federal law. By signing this form, the Owner or Owner's authorized agent or representative, acknowledges and agrees that employees of Clean Water Services have authority to enter the project site at all reasonable times for the purpose of inspecting project site conditions and gathering information related to the project site. I certify that I am familiar with the information contained to is document, and to the best of my knowledge and belief, this information is true, complete, and accurate. Print/Type Name: O TQ i Q• D,n � Q� O � Print/Type Title: Ow v ri2r Signature: )42 (r d Q�'1 D �D7_(� Date: 1 0/15/W1 0 FOR DISTRICT USE ONLY . ❑ Sensitive areas potentially exist on site or within 200' of the site. THE APPLICANT MUST PERFORM A SITE ASSESSMENT PRIOR TO ISSUANCE OF A SERVICE PROVIDER LETTER. If Sensitive Areas exist on the site or within 200 feet on adjacent properties, a Natural Resources Assessment Report may also be required. Based on review of the submitted materials and best available information Sensitive areas do not appear to exist on site or within 200' of the site. This Sensitive Area Pre- Screening Site Assessment does NOT eliminate the need to evaluate and protect water quality sensitive areas if they are subsequently discovered. This document will serve as your Service Provider letter as required by Resolution and Order 07 -20, Section 3.02.1 All required permits and approvals must be obtained and completed under applicable local, State, and federal law. D, ra , (n❑ r , t - ,. (0e ?' (4 , El Based on review of the submitted materials and best available information the above referenced project will not significantly impact the existing or potentially sensitive area(s) found near the site. This Sensitive Area Pre - Screening Site Assessment does NOT eliminate the need to evaluate and protect additional water quality sensitive areas if they are subsequently discovered. This document will serve as your Service Provider letter as required by Resolution and Order 07 -20, Section 3.02.1. All required permits and approvals must be obtained and completed under applicable local, state, and federal law. ❑ This Service Provider Letter Is not valid unless CWS approved site plan(s) are attached. ❑ The proposed activity does not meet the definition of development or the lot was platted after 9/9/95 ORS 92.040(2). NO SITE ASSESSME . OR SERVIC ' ROVJ,DER LETTER IS REQUIRED. Reviewed By: /AI. b.-,w MO i ,iit Date: ` Oft 2 (/d 2550 SW Hillsboro Highway • Hillsboro, Oregon 97123 Phone: (503) 681 -5100 • Fax (503) 681 -4439 • www.cleanwalerservrcos,org Revised. May S. 2007 ^ 'I , I E• ANAk K ATH E RI N E ST • I J I 13 --I t rte, 4 ___..1.i yj� 6 ■ � ( Qewin ... _ z ... • Tree j 0 woDd _ _ _ _ ce r, CC �i "' )'T ! E n cIcud a o 3 g a o to Purkin 4 = _ice o 101. Arlo n —.is 9. zs m ° - Commtrtrd G I f D n r VthiG�GrG N. ,. °— a —1 ' iy % / /// and J o O deck �/ Covered Patio Tral >� , a f � A rbov I i ci s ' �, F � � v Tree 1 $ j5 ICt 0 I 3) 1 114.5 - _...__� - -- -- _ _.._._____. --- V fce� \� ‘Al —II o ID O I ---- I • CC 12015 1 I)) • Washington County, Oregon 7010.041730 0610212010 03:59:29 PM S D-OW Crdal Btna2. .ED `� $20.00 $5.00 $11.00 $15.00 $218.00 • Total a 5260.00 / RECORDING REQUESTED BY: 11111111 I 111111111111111111 IIIIII I Fidelity National Title Company of Oregon 01487360201000417300040044 I, Richard Hobemlcht, Director of Aateu mint and y" to Taxation and E••Officto County Clerk for Washington GRANTOR'S NAME County, Oregon, do hereby certify that the within �•srn1 Y` David E Peterson and William T Gabel and John instrument of writing was received and recorded In the ..1„,„ C Pelham book of records of said eoupty `. (I 1 44.44v ,. Richard Hobemlcht, Director o} Atuumerit and +:74:.F Taxation, Ea •Cfflclo County Clerk GRANTEE'S NAME Ofelia Penaloza SEND TAX STATEMENTS TO: Ofelia Penaloza z 10170 SW Katherine Street k Tigard, Oregon 97223 AFTER RECORDING RETURN TO. sal +r� Ofelia Penaloza '4 WASHINGTON COUNTY 10170 SW Katherine Street $ l IIc;+L pia ;iPLfifY 1FANSFEN TAX Tigard, OR 97223 �L�O� i e oI O FEE PAID DATE Escrow No: 20100005925- FTPOR07 L� 10170 SW Katherine Street Tigard, OR 97223 SPACE ABOVE THIS LINE FOR RECORDER'S USE �J STATUTORY WARRANTY DEED U David E Peterson and William T Gabel and John C Pelham, Grantor, conveys and warrants to Ofelia Penaloza, Grantee, the following described real property, free and clear of encumbrances except as specifically set forth below, situated in the County of Washington, State of Oregon SEE LEGAL DESCRIPTION ATTACHED HERETO Subject to and excepting: see attached Exhibit "A" BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009. THE TRUE AND ACTUAL CONSIDERATION FOR THIS CONVEYANCE IS $217,500.00. (See ORS 93.030) DATED: S '2- , - f ) I David E Peterson Wlia TGbeI / I / I John C Pelham State of OREGON COUNTY of l )6._r.�?�rr�`� This instrument was acknowledged before me on . / , 20 /c ` t � L � fie f \ by �a�� � , .i- z.1c�;�n 1,0; Il I'a-.�. G_ �•�.i I �-�-� , Notary Public - State of Oregon My commission expires: -t 7 - u-t OFFICIAL SEAL (� •; �, K WALHOOD () NOTARY Pu8 () ' COMMISSION NO. A41475LIC- OREGON 4 ( MY OMMISSION EXPIRES APRIL 17. 9 PRELIMINARY REPORT (Continued) 'Order No 20100005925- FTPOR0 EXHIBIT ONE Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date. July 28, 1969 Recording No: Book 751, Page 472 Restrictive covenants regarding underground utilities, imposed by instrument, including terms and provisions thereof recording date: August 14, 1969 recording no Book 753, Page 445 Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the map of said tract /plat; Purpose. Utility Affects 4 feet in width along all side and back lot lines Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document Granted to. Portland General Electric Company, an Oregon Corporation Purpose Electric Power Lines Recording date August 21, 1969 Recording No Book 754, Page 332 Affects: The front 5 feet 20390 rdw ( I F00R0212 rdw , LEGAL DESCRIPTION Lot 1, KAROL COURT, in the City of Tigard, County of Washington and State of Oregon I , AFFIDAVIT OF MAILING /POSTING NEIGHBORHOOD MEETING NOTICE IMPORTANT NOTICE: THE APPLICANT IS REQUIRED TO MAIL THE CITY OF TIGARD A COPY OF THE NEIGHBORHOOD MEETING NOTICE THAT PERTAINS TO THIS AFFIDAVIT AT THE SAME TIME PROPERTY OWNERS ARE MAILED NOTICE, TO THE ADDRESS BELOW: City of Tigard Planning Division 13125 SW Hall Boulevard Tigard, OR 97223 -8189 IN ADDITION, THE APPLICANT SHALL SUBMIT THIS AFFIDAVIT & COPIES OF ALL NOTICES AT THE TIME OF APPLICATION. MAILING: I I, O ( 1 I G P� fl a IO[.L1 , being duly sworn, depose and say that on the 2 day of N `, O ve m b t r , 20 10 , I caused to have mailed to each of the persons on the attached list, a notice of a meeting to discuss a proposed development at (or near) 10170 SW Ka 1tha r t nee )t T ionrc:i, 0 i q 12.2 3 , a copy of which notice so mailed is attached hereto and made a part of hereof. I further state that said notices were enclosed in envelopes plainly addressed to said persons and were deposited on the date indicated above in the United States Post Office located at /2. 2. i D ' W t1(, i n �� I , c �' 0 _ with postage prepaid thereon. Signature (In the presence of a Notary Public) POSTING: I, , do affirm that I am (represent) the party initiating interest in a proposed land use application for affecting the land located at (state the approximate location(s) IF no address(s) and all tax lot(s) currently registered) , and did on the day of , 20 personally post notice indicating that the site maybe proposed for a land use application, and the time, date and place of a neighborhood meeting to discuss the proposal. The sign was posted at (state location you posted notice on properly) Signature (In the presence of a Notary Public) (THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETE /NOTARIZE) STATE OF Tani .. ) County of 1, It, vv ) ss. Subscribed and sworn/affirmed before me on the 3 day of N ' -' , 20 I OFFICIAL SEAL r; KRISTA E WORKMAN NOTARY PUBLIC - OREGON it COMMISSION NO. 453625 \ MY COMMISSION EXPIRES NOVEMBER 04, 2014 1 �7 ^ NO 1 Y LIC O GON My Co ' sion Expires: nls✓ew -4,.eti c J I \curpin \ masters \neighborhood meeungs \affidavit of maihng- posung neighborhood meeting doc / _// Page 5 NOTICE OF NEIGHBORHOOD MEETING 11/18/2010 Re: Type II Home Occupation Permit 10170 SW Katherine St Tigard, Or 97223 Dear Interested Party: I, Ofelia Penaloza am the owner of the property located at 10170 SW Katherine St., Tigard, OR 97223. I am considering applying for a Type II Home Occupation permit for this location. Prior to applying to the City of Tigard for the necessary land use approvals, I would like to discuss the proposal in more detail with the surrounding property owners and residents. You are invited to attend a meeting on: Wednesday, December 8, 2010 Charles F Tigard Elementary School Library 12855 Grant Ave Tigard, OR 97223 6:00pm I look forward to specifically discussing the proposal with you. Please email me @ ofelia022274(vahoo.com or call me at (503) 608 -8233 if you have any questions. Sincerely, Ofelia Penaloza 12/08/2010 6:05pm We started the meeting by reading the statement of purpose. Very few people came to the meeting (see attached sign in sheet) and the few who came had the following questions: Why do I need a Type 11 Home Occupation Permit? I need this permit to be allowed to run a business from my private property, at the same time, it will allow me to park one business pickup truck and one a utility trailer, as well as to have one employee coming to my residence in a daily basis. Will the permit belong to the property or me? The permit will belong to me and expire if I move the business or myself to a different location. How much equipment will it allow me to have within the premises? One pickup truck and one utility trailer parked behind the fence. Are wooden fences allowed? Yes. Hap told,me that you need to pave the secondary drive, are you planning to do it? Since I already have one paved drive way, I just need to pave the apron to the street on the second one. And yes, I am planning to do in the near future. Hap told me that you are not allowed to have employees coming to your house, why are you allowing employees to come? It is my understanding that I am allowed to have one employee coming to my property, per day. I have only one employee not living at my residence, who comes once a while, not every day, unfortunately or not, it is my brother in law. Sometimes, we allow him to borrow our personal vehicles and he comes to pick them up and later to return them, but it is not business related and it might be confusing for some neighbors. Y Some neighbors stated to be afraid my permit will allow other people to start home based businesses and change the appearance of the neighborhood from nice, quiet and family oriented to "ghetto ". I disagree with that statement since home base businesses where already here, long before I came aboard, besides, I have drastically improved the curb appeal of my property and it actually makes the neighborhood look better, not worse. Some neighbors agree with my statement and together discovered that some neighbors are extremely confused and have the idea that I owe more equipment than I actually do. The same neighbors want to send a letter to the City of Tigard to express how delighted they are to have me and my family as neighbors as well as the positive improvement they have seen at my property. They want their voice to be heard as well. Unfortunately, I feel extremely undesired as neighbor and if things continue to be the same way, I am seriously considering to sell and move to a different neighborhood in the summer of 2013. It is very sad to see my dream change to terrible nightmare. Ended the meeting making sure no one else had any additional questions and assuring them that they - are more than welcome to visit the city hall or myself if any questions or concerns arise at a later time. The meeting ended at around 6:55pm. Thank you, Ofelia Penaloza 'igard Tualatin School District 23 -J Hibbard Administration Office 6960 SW Sandburg Rd. Tigard, Or. 97223 School Facilities Insurance Waiver Procedure: 1. After the leader or organizer of the group requesting the use of school facilities has completed and signed the Facility Use Application and has been granted approval, then proof of insurance must be made (shaded area on the application) OR this waiver signed. 2. In instances where a Certificate of Insurance is not required of the group requesting to use the facility, the leader or organizer of the group must insure that each participant in the activity signs this form and returns it to the building monitor, who will forward it to the facility use manager at the administration office to keep on file. 3. All participants in the activity must supply name, address, date and signature on this form. Participants that do not sign this form DO NOT have the permission of the school district to be involved in the activity. Release Agreement: 1, as a participant in an activity involving the use of the facilities of the Tigard Tualatin School District, covenant and agree to save, hold harmless and indemnify the school district 23 -J, its Board of Directors, officers, agents, and employees for and from all claims, demands, liabilities, including attorney fees and costs, that they or any of them may be required to pay by reason of or incident to my use of the District's facilities. Naive of Group /Organization Oft 1 a P& ct ( O z_ct Leader or Contact Person Of 1 i a Penalozq Phone (503) 0b $233 Name of Participant Address Date Signature Laois Su),Lyb/ c/- - 71:s / -- - 112 W - c t n w Rff -Xs. a. / •2 1 G," 4 2 get.. �Z� „� /i — F — /6 Se // Z r af I D .1(o 5 S IA] . 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' • wwwhgard-or goy i, .! \\,. , \ \\.\\„\ „LI Ail PRE- APPLICATIC9N CONFERENCE NOTES CITY OF TIGARD PRE- APPLICATION CONFERENCE NOTES ' (Pre- Application Meeting Notes are Valid for Six (6) Months) TIGARD PRE -APP. MTG. DATE: - !/ STAFF AT PRE -APP.: RESIDENTIAL APPLICANT: Ofelia Penaloza AGENT: Applicant Phone: (503) 608 - 8233 Phone: ( ) - PROPERTY LOCATION: ADDRESS /GENERAL LOCATION: 10170 SW Katherine Street TAX MAPS) /LOT #(S): 2S102BB00402 NECESSARY APPLICATIONS: Home Occupancy Type II PROPOSAL DESCRIPTION: Operate a home based landscape maintenance business with the accessory tools, truck and utility trailer enclosed in a 6 foot fenced area. There will be one part time employee. COMPREHENSIVE PLAN MAP DESIGNATION: R4.5 Low Density Residential ZONING MAP DESIGNATION: R4.5 ZONING DISTRICT DIMENSIONAL REQUIREMENTS (Refer to Code Section 18. ) MINIMUM LOT SIZE: 7,500 sq. ft. Average Min. lot width: 50 ft. Max. building height: 30 ft. Setbacks: Front: 20 ft. Side: 5 ft. Rear: 15 ft. Corner: 15 ft. from street. MAXIMUM SITE COVERAGE: %. Minimum landscaped or natural vegetation area: %. GARAGES: 20 ft. ® NEIGHBORHOOD MEETING (Refer to the Neighborhood Meeting Handout) THE APPLICANT SHALT, NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET, INTERESTED PARTIES, AND THE CITY OF TIGARD PLANNING DIVISION of their proposal. A minimum of two (2) weeks between the mailing date and the meeting date is required. Please review the Land Use Notification handout concerning site posting and the meeting notice. Meeting is to be held prior to submitting your application or the application will not be accepted. * NOTE: In order to also preliminarily address building code standards, a meeting with a Plans Examiner is encouraged prior to submittal of a land use application. ® NARRATIVE (Refer to Code Chapter 18.390) The APPLICANT SHALL SUBMIT A NARRATIVE which provides findings based on the applicable approval standards. Failure to provide a narrative or adequately address criteria would be reason to consider an application incomplete and delay review of the proposal. The applicant should review the code for applicable criteria. CITY OF TIGARD Pre - Application Conference Notes Page 1 of 9 Residential Application /Planning Division Section • • IMPACT STUDY (Refer to Code Sections 18.390.040 and 18.390.050) As a part of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to INCLUDE IMPACT STUDY with their submittal package. The impact study shall quantify the effect of the development on public facilities and services. The study shall address, at a minimum, the transportation system, including bikeways, the drainage system, the parks system, the water system, the sewer system and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication requirement, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. ❑ ACCESS (Refer to Chapters 18.705 and 18.765) Minimum number of accesses: . Minimum access width: Minimum pavement width: ❑ WALKWAY REQUIREMENTS (Refer to Code Chapter 18.705) Within all ATTACHED HOUSING (except two- family dwellings) and multi - family developments, each residential dwelling SHALL BE CONNECTED BY WALKWAY TO THE VEHICULAR PARKING. AREA, COMMON OPEN SPACE AND RECREATION FACILITIES. ❑ RESIDENTIAL, DENSITY CALCULATION (Refer to Code Chapter 18.715) - SEE EXAMPLE BELOW. The NET RESIDENTIAL UNITS ALLOWED on a particular site may be calculated by dividing the net area of the developable land by the minimum number of square feet required per dwelling unit as specified by the applicable zoning designation. Net development area is calculated by subtracting the following land area(s) from the gross site area: All sensitive lands areas including: • Land within the 100 -year floodplain; • Slopes exceeding 25 %; • Drainageways; and • Wetlands for the R -1, R -2, R -3.5, R -4.5 and R -7 zoning districts. Public right -of -way dedication: • Single- family allocate 20% of gross acres for public facilities; or • Multi - family allocate 15% of gross acres for public facilities; or • If available, the actual public facility square footage can be used for deduction. EXAMPLE OF RESIDENTIAL DENSITY CALCULATIONS: (USING A ONE ACRE SITE IN THE' R ZONE (3,050 MINIMUM LOT SIZE) WITH NO DEDUCTION FOR SENSITIVE LANDS) Single Family Multi - Family 43,560 sq. ft. of gross site area 43,560 sq. ft. of gross site area 8.712 sq. ft. (20 %) for pubhc right -of -way 6.534 sq. ft. (15 %) for public right -of -way NET: 34,848 square feet NET: 37,026 square feet ♦ 3,050 (minimum lot r al ♦ 3,050 (minimum lot area) 11.4 Units Per Acre = 12.1 Units Per Acre Note: The Development Code requires that the net site area exist for the next whole dwelling unit. NO ROUNDING UP IS PERMITTED. Note: Minimum Project Density is 80% of the maximum allowed density. TO DETERMINE THIS STANDARD, MULTIPLY THE MAXIMUM NUMBER OF UNITS BY .8. CITY OF TIGARD Pre - Application Conference Notes Page 2 of 9 Residential Applicabon/Planning Division Section • ❑ SPECIAL SETBACKS (Reicr'to Code Section 18.730) • STREETS: feet from the centerline of • FLAG LOT: A TEN (10) -FOOT SIDE YARD SETBACK applies to all primary structures. • ZERO LOT LINE LOTS: A minimum of a ten (10) -foot separation shall be maintained between each dwelling unit or garage. • MULTI - FAMILY RESIDENTIAL building separation standards apply within multiple - family residential developments. ACCESSORY STRUCTURES UP TO 528 SQUARE FEET in size may be permitted on lots less than 2.5 acres in size. Five (5) -foot minimum setback from side and rear lot lines. ACCESSORY STRUCTURE UP TO 1,000 SQUARE FEET on parcels of at least 2.5 acres in size. (Note: See applicable zoning district for the primary structures' setback requirements.) ❑ FLAG LOT BUILDING HEIGHT PROVISIONS (Refer to Code Chapter 18.730) MAXIMUM HEIGHT OF 11/2 STORIES or 25 feet, whichever is less in most zones; 21/2 stories, or 35 feet in R -7, R -12, R -25 or R -40 zones provided that the standards of Section 18.730.010.C.2 are satisfied. ❑ BUFFERING AND SCREENING (Refer to Code Chapter 18.745) In order TO INCREASE PRIVACY AND TO EITHER REDUCE OR ELIMINATE ADVERSE NOISE OR VISUAL 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 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. The ESTIMAI ED REQUIRED .BUFFERS applicable to your proposal area is: Buffer Level along north boundary. Buffer Level along east boundary. Buffer Level along north boundary. Buffer Level along east boundary. IN ADDITION, SIGHT OBSCURING SCREENING IS REQUIRED ALONG: ❑ LANDSCAPING (Refer to Code Chapters 18.745, 18.765 and 18.705) STREET TREES ARE REQUIRED FOR ALL DEVELOPMENTS FRONTING ON A PUBLIC OR PRIVATE STREET as well as driveways which are More than 100 feet in length. Street trees must be placed either within the public right -of -way or on private property within six (6) feet of the right -of -way boundary. Street trees must have a minimum caliper of at least two (2) inches when measured four (4) feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the branching width of the proposed tree species at maturity. Further information on regulations affecting street trees may be obtained from the Planning Division. A MINIMUM OF ONE (1) TREE FOR EVERY SEVEN (7). PARKING SPACES MUST BE PLANTED in and around all parking areas in order to provide a vegetative canopy effect. Landscaped parking areas shall indude special design features which effectively screen the parking lot areas from view. ❑ RECYCLING (Refer to Code Chapter 18.755) Applicant should CONTACT FRANCHISE HAULER FOR REVIEW AND APPROVAL OF SITE SERVICING COMPATIBILITY. Locating a trash /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. Pride Disposal can be reached at (503) 625 -6177. CITY OF TIGARD Pre - Application Conference Notes Page 3 of 9 Residential Application/Planning Division Section • Z PARKING (Refer to Code (.napters 18.765 & 18.705) ALL PARKING AREAS AND DRIVEWAYS MUST BE PAVED. •') Single - family Requires: One (1) off - street parking space per dwelling unit; and One (1) space per unit less than 500 square feet. • Multiple - family Requires: 1.25 spaces per unit for 1 bedroom; 1.5 spaces per unit for 2 bedrooms; and 1.75 spaces per unit for 3 bedrooms. Multi- family dwelling units with more than ten (10) required spaces shall provide parking for the use of guests and shall consist of 15% of the total required parking. NO MORE THAN 50% OF REQUIRED SPACES MAY BE DESIGNATED AND /OR DIMENSIONED AS COMPACT SPACES. Parking stalls shall be dimensioned as follows: • Standard parking space dimensions: 8 feet, 6 inches x 18 feet, 6 inches. • Compact parking space dimensions: 7 feet, 6 inches x 16 feet, 6 inches. • Handicapped parking: All parking areas shall provide appropriately located and dimensioned disabled person parking spaces. The minimum number of disabled person parking spaces to be provided, as well as the parking stall dimensions, is mandated by the Americans with Disabilities Act (ADA). A handout is available upon request. A handicapped parking space symbol shall be painted on the parking space surface and an appropriate sign shall be posted. ❑ BICYCLE RACKS (Refer to Code Section 18.765) BICYCLE RACKS are required FOR MULTI- FAMILY, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in convenient locations. ❑ SENSITTIVE LANDS (Refer to Code Chapter 18.775) The Code provides REGULATIONS FOR LANDS WHICH ARE POTENTIALLY UNSUITABLE FOR DEVELOPMENT DUE TO AREAS WITHIN THE 100 -YEAR FLOODPLAIN, NATURAL DRAINAGEWAYS, WETLAND AREAS, ON SLOPES IN EXCESS OF 25 PERCENT, OR ON UNSTABLE GROUND. Staff will attempt to preliminary identify sensitive lands areas at the pre - application conference based on available information. HOWEVER, the responsibility to precisely identify sensitive land areas, and their boundaries, is the responsibility of the applicant. Areas meeting the definitions of sensitive lands must be clearly indicated on plans submitted with the development application. Chapter 18.775 also provides regulations for the use, protection, or modification of sensitive lands areas. RESIDENTIAL DEVELOPMENT IS PROHIBITED WITHIN FLOODPLAINS. ❑ STEEP SLOPES (Refer to Code Section 18.775.070.C) When STEEP SLOPES exist, prior to issuance of a final order, a geotechnical report must be submitted which - addresses the approval standards of the Tigard Community Development Code Section 18.775.080.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. ® CLEAN WATER SERVICES (CWS) BUFFER STANDARDS (Refer to CWS R &o 07 -20 /USA Regulations - Chapter 3) LAND DEVELOPMENT ADJACENT TO SENSITIVE AREAS shall preserve and maintain or create a vegetated corridor for a buffer wide enough to protect the water quality functioning of the sensitive area. Design Criteria: The VEGETATED CORRIDOR WIDTH is dependent on the sensitive area. The following table identifies the required widths: (See Table 3.1 on following page) CITY OF TIGARD Pre - Application Conference Notes Page 4 of 9 Residential Application/Planning Division Section 3.1 VEGETATED CORRIDOR Wi.. £HS SOURCE: CWS DESIGN AND CONSTRUCTION STANDARDS MANUAL /RESOLUTION & ORDER 07 -20 SENSITIVE AREA DEFINITION SLOPE ADJACENT WIDTH OF VEGETATED TO SENSITIVE AREA' CORRIDOR PER SIDE ♦ Streams with intermittent flow draining: <25% 1 10 to <50 acres 15 feet 1 >50 to <100 acres 25 feet • Existing or created wetlands <0.5 acre 25 feet • Existing or created wetlands >0.5 acre <25% 50 feet • Rivers, streams, and springs with year -round flow • Streams with intermittent flow draining >100 acres • Natural lakes and ponds • Streams with intermittent flow draining: >25% 1 10 to <50 acres 30 feet 1 >50 to <100 acres 50 feet • Existing or created wetlands >25% Variable from 50 -200 feet. Measure in 25- ♦ Rivers, streams, and springs with year -round flow foot increments from the starting point to • Streams with intermittent flow draining >100 acres the top of ravine (break in <25% slope), ♦ Natural lakes and ponds add 35 feet past the top of ravine 'Starting point for measurement = edge of the defined channel (bankful flow) for stream, /nvers, delncated wetland boundary, delineated spring boundary, and /or average high water for lakes or ponds, whichever offers greatest resource protection. Intermittent spnngs, located a minimum of 15 feet within the nvcr /stream or wetland vegetated comdor, shall not serve as a starting point for measurement 2 vegetated comdor averaging or reduction is allowed only when the vegetated comdor certified to be in a marginal or degraded condition 3 The vegetated comdor extends 35 feet from the top of the ravine and sets the outer boundary of the vegetated comdor The 35 feet may be reduced to 15 feet, if a stamped geotechmcal report confirms slope stability shall be maintained with the reduced setback from the top of ravine. Restrictions in the Vegetate Corridor: NO structures, development, construction activities, gardens, lawns, application of chemicals, dumping of any materials of any kind, or other activities shall be permitted which otherwise detract from the water quality protection provided by the vegetated corridor, except as provided for in the USA Design and Construction Standards Location of Vegetated Corridor: IN ANY RESIDENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCELS or lots intended for separate ownership, such as a subdivision, the vegetated corridor shall be contained in a separate tract, and shall not be a part of any parcel to be used for the construction of a dwelling unit. / CWS Service Provider Letter: PRIOR TO SUBMITTAL of any land use applications, the applicant must obtain a CWS Service Provider Letter which will outline the conditions necessary to comply with the CWS R &O 07 -20 sensitive area requirements. If there are no sensitive areas, CWS must still issue a letter stating a CWS Service Provider Letter is not required. ❑ SIGNS (Refer to Code Chapter 18.780) SIGN PERMITS MUST BE OBTAINED PRIOR TO INSTALLATION OF ANY SIGN in the City of Tigard. A "Guidelines for Sign Permits" handout is available upon request. Additional sign area or height beyond Code standards may be permitted if the sign proposal is reviewed as part of a development review application. Alternatively, a Sign Code Exception application may be filed for Director's review. ❑ TREE REMOVAL PLAN REQUIREMENTS (Refer to Code Section 18.790.030.0 and the "Tree Plan Requirements Handout" included in your pre - application conference packet) A TREE PLAN FOR THE PLANTING, REMOVAL AND PROTECTION OF TREES prepared by a certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review, planned development, or conditional use is filed. PROTECTION IS PREFERRED OVER REMOVAL WHEREVER POSSIBLE (Address all items in the City's Tree Plan Requirements Handout). CITY OF TIGARD Pre - Application Conference Notes Page 5 of 9 Residential Application /Planning Division Section • THE TREE PLAN SHALL ' •LUDE the following: • Identification of the location, size, species, and condition of all existing trees greater than 6 - inch caliper. • Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.790.060.D according to the following standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: • 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; • Retainage of from 25 to 50% of existing trees over 12 inches in caliper requires that two- thirds of the trees to be removed be mitigated according to Section 18.790.060.D.; • Retainage of from 50 to 75% of existing trees over 12 inches in caliper requires that 50% of the trees to be removed be mitigated according to Section 18.790.060.D.; • Retainage of 75% or greater of existing trees over 12 inches in caliper requires no mitigation; • Identification of all trees which are proposed to be removed; and • A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. TREES REMOVED WITHIN THE PERIOD OF ONE (1) YEAR PRIOR TO A DEVELOPMENT APPLICATION LISTED ABOVE will be inventoried as part of the tree plan above and will be replaced according to Section 18.790.060.D. ❑ MITIGATION (Refer to Code Section 18.790.060.E.) REPLACEMENT OF A TREE shall take place according to the following guidelines: • A replacement tree shall be a substantially similar species considering site characteristics. • If a replacement tree of the species of the tree removed or damages is not reasonably available, the Director may allow replacement with a different species of equivalent natural resource value. • If a replacement tree of the size cut is not reasonably available on the local market or would not be viable, the Director shall require replacement with more than one tree in accordance with the following formula: • The number of replacement trees required shall be determined by dividing the estimated caliper size of the tree removed or damaged, by the caliper size of the largest reasonably available replacement trees. If this number of trees cannot be viably located on the subject property, the Director may require one (1) or more replacement trees to be planted on other property within the city, either public property or, with the consent of the owner, private property. • The planting of a replacement tree shall take place in a manner reasonably calculated to allow growth to maturity. IN LIEU OF TREE REPLACEMENT under Subsection D of this section, a party may, with the consent of the Director, elect to compensate the City for its costs in performing such tree replacement. ® CLEAR VISION AREA (Refer to Code Chapter 18.795) The City requires that CLEAR VISION AREAS BE MAINTAINED BETWEEN THREE (3) AND EIGHT (8) FEET IN HEIGHT at road /driveway, road /railroad, and road /road intersections. The size of the required dear vision area depends upon the abutting street's functional classification and any existing obstructions within the clear vision area. The applicant shall show the dear vision areas on the site plan, and identify any obstructions in these areas. El FUTURE STREET PLAN AND EXTENSION OF STREETS (Refer to Code Section 18.810.030.F.) A FUTURE STREET PLAN shall: • Be filed by the applicant in conjunction with an application for a subdivision or partition. The plan shall show the pattern of existing and proposed future streets from the boundaries of the proposed land division and shall include boundaries of the proposed land division and shall include other parcels within 200 feet surrounding and adjacent to the proposed land division. • Identify existing or proposed bus routes, pullouts or other transit facilities, bicycle routes and pedestrian facilities on or within 500 feet of the site. Where necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed. CITY OF TIGARD Pre - Application Conference Notes Page 6 of 9 Residential Application/Planning Division Section ❑ ADDITIONAL LOT DIMENSIONAL REQUIREMENTS (Refer to Code Section 18.810.060) MINIMUM LOT FRONTAGE: 25 feet unless lot is created through the minor land partition process. Lots created as part of a partition must have a minimum of 15 feet of frontage or have a minimum 15 -foot wide access easement. The DEPTH OF ALL LOTS SHALL NOT EXCEED 21/2 TIMES THE AVERAGE WIDTH, unless the parcel is less than 11/2 times the minimum lot size of the applicable zoning district. ❑ BLOCKS (Refer to Code Section 18.810.090) The perimeter of BLOCKS FORMED BY STREETS SHALL NOT EXCEED 1,800 FEET measured along the right -of -way center line except where street location is precluded by natural topography, wetlands or other bodies of water or, pre - existing development. When block lengths greater than 330 feet are permitted, pedestrian /bikeways shall be provided through the block. CODE CHAPTERS ❑ 18.330 (Conditional Use) ❑ 18.620 (Tigard Triangle Design Standards) ❑ 18.760 (Nonconforming Situations) ❑ 18.340 (Directors Interpretation) ❑ 18.630 (Washington Square Regional Center) ® 18.765 (Off-Street Parking/Loading Requirements) ❑ 18.350 (Planned Development) ❑ 18.640 (Durham Quarry Design Standards) ❑ 18.775 (Sensitive Lands Review) ❑ 18.360 (Site Development Review) ❑ 18.705 (Access/Egress/Circulation) ❑ 18.780 (Signs) • ❑ 18.370 (Variances/Adjustments) ❑ 18.710 (Accessory Residential Units) ❑ 18.785 (Temporary Use Permits) ❑ 18.380 (Zoning Map/Text Amendments) ❑ 18.715 (Density Computations) ❑ 18.790 (Tree Removal) ❑ 18.385 (Miscellaneous Permits) ❑ 18.720 (Design Compatibility Standards) ® 18.795 (visual Clearance Areas) ❑ 18.390 (Decision Making Procedures/Impact Study) ❑ 18.725 (Environmental Performance Standards) ❑ 18.798 (Wireless Communication Facilities) ❑ 18.410 (Lot Line Adjustments) ❑ 18.730 (Exceptions To Development Standards) ❑ 18.810 (Street & Utility Improvement Standards) ❑ 18.420 (Land Partitions) ❑ 18.740 (Historic overlay) ❑ 18.430 (Subdivisions) ® 18.742 (Home Occupation Permits) ® 18.510 (Residential Zoning Districts) ❑ 18.745 (Landscaping & Screening Standards) ❑ 18.520 (Commercial Zoning Districts) ❑ 18.750 (Manufactured/Mobil Home Regulations) ❑ 18.530 (Industrial Zoning Districts) ❑ 18.755 (Mixed Solid Waste/Recycling Storage) ADDITIONAL CONCERNS OR COMMENTS: Business area not to exceed 435 so ft of outdoor storage, or 528 sq ft total indoor and outdoor storage. Provide responses to criteria in TDCI 8.742.040. copy attached: Driveways must be paved with asphalt or concrete. The throat of the driveway shall be paved with asphalt. The street right of way must remain free of all vehicles associated with the home occupation. CITY OF TIGARD Pre - Application Conference Notes Page 7 of 9 Residential Application/Planning Division Section 'PROCEDURE Administrative Staff Review. Public hearing before the Land Use Hearings Officer. Public hearing before the Planning Commission. Public hearing before the Planning Commission with the Commission making a recommendation on the proposal to the City Council. An additional public hearing shall be held by the City Council. APPLICATION SUBMITTAL PROCESS All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the Community Development Department at Tigard City Hall offices. PLEASE NOTE: Applications submitted by mail or dropped off at the counter without Planning Division acceptance may be returned. The Planning counter closes at 5:00 PM. Maps submitted with an application shall be folded IN ADVANCE to 81/2" x 11 ". One, 81/2" x 11" map of a proposed project shall also be submitted for attachment to the staff report or administrative decision. Applications with unfolded maps shall not be accepted. The Planning Division and Engineering Department will perform a preliminary review of the application and will determine whether an application is complete within 30 days of the counter submittal. Staff will notify the applicant if additional information or additional copies of the submitted materials are required. The administrative decision or public hearing will typically occur approximately 45 to 60 days after an application is accepted as being complete by the Planning Division. Applications involving difficult or protracted issues or requiring review by other jurisdictions may take additional time to review. Written recommendations from the Planning staff are issued seven (7) days prior to the public hearing. A 10 -day public appeal period follows all land use decisions. An appeal on this matter would be heard by the Tigard Hearings Officer. A basic flow chart which illustrates the review process is available from the Planning Division upon request. Land use applications requiring a public hearing must have notice posted on -site by the applicant no less than 10 days prior to the public hearing. This PRE - APPLICATION CONFERENCE AND THE NOTES OF THE CONFERENCE ARE INTENDED TO INFORM the prospective applicant of the primary Community Development Code requirements applicable to the potential development of a particular site and to allow the City staff and prospective applicant to discuss the opportunities and constraints affecting development of the site. SUBDIVISION PLAT NAME RESERVATION (Washington County Surveyor's Office: 503 - 648 -8884) PRIOR TO SUBMITTING A SUBDIVISION LAND USE APPLICATION with the City of Tigard, applicants are required to complete and file a subdivision plat naming request with the Washington County Surveyor's Office in order to obtain approval /reservation for any subdivision name. Applications will not be accepted as complete until the City receives the faxed confirmation of approval from the County of the Subdivision Name Reservation. BUILDING PERMITS PLANS FOR BUILDING AND OTHER RELATED PERMITS WILL NOT BE ACCEPTED FOR REVIEW UNTIL A LAND USE APPROVAL HAS BEEN ISSUED. Final inspection approvals by the Building Division will not be granted until there is compliance with all conditions of development approval. These pre - application notes do not include comments from the Building Division. For proposed buildings or modifications to existing buildings, it is recommended to contact a Building Division Plans Examiner to determine if there are building code issues that would prevent the structure from being constructed, as proposed. Additionally, with regard to Subdivisions and Minor Land Partitions where any structure to be demolished has system development charge (SDC) credits and the underlying parcel for that structure will be eliminated when the new plat is recorded, the City's policy is to apply those system development credits to the first building permit issued in the development (UNLESS OTHERWISE DIRECTED BY THE DEVELOPER AT THE TIME THE DEMOLITION PERMIT IS OBTAINED). CITY OF TIGARD Pre- Application Conference Notes Page 8 of 9 Residential Application /Planning Division Section PLEASE NOTE: The conference and notes cannot cover all Code requirements and aspects related to site planning that should apply to the development of your site plan. Failure of the staff to provide information required by the Code shall not constitute a waiver of the applicable standards or requirements. It is recommended that a prospective applicant either obtain and read the Community Development Code or ask any questions of City staff relative to Code requirements prior to submitting an application. AN ADDITIONAL PRE - APPLICATION FEE AND CONFERENCE WILL BE REQUIRED IF AN APPLICATION PERTAINING TO THIS PRE - APPLICATION CONFERENCE IS 'SUBMITTED AFTER A PERIOD OF MORE THAN SIX (6) MONTHS FOLLOWING THIS CONFERENCE (unless deemed as unnecessary by the Planning Division). PREPARED BY: Darrel "Hap" Watkins. Assistant Planner CITY OF TIGARD PLANNING DIVISION PHONE: 503 - 639 -4171 FAX: 503 - 718 -2748 DIRECT: 503 - 718 -2440 EMAIL: hap@tigard-or.gov TITLE 18 (CITY OF TIGARD'S COMMUNITY DEVELOPMENT CODE) INTERNET ADDRESS: www.tigard or.gov H: \patty \masters \Pre - App Notes Residential.doc Updated: 27- Feb -08 (Engineering section: preapp.eng) • • CITY OF TIGARD Pre - Application Conference Notes Page 9 of 9 Residential Applicabon/Planning Division Section • Tuesday August 2010 'eptember 2010 October 2010 b 4 U7 4 Q n ��J 4 U� �/ 4 d �l l�n'7 4 p 2 1 2 3 4 5 6 7 1 2 3 4 1 2 8 9 10 11 12 13 14 5 6 7 8 9 10 11 3 4 5 6 7 8 9 15 16 17 18 19 20 21 12 13 14 15 16 17 18 10 11 12 13 14 15 16 22 23 24 25 26 27 28 19 20 21 22 23 24 25 17 18 19 20 21 22 23 September 2010 29 30 31 26 27 28 29 30 24 25 26 27 28 29 30 31 Day 264, 101 Left Week 39 Appointments 8 00 30 9 00 30 10' 30 11 00 Pre -App Ofelia Penaloza HOPI! 10170 SW Katherine 503- 608 -8233 CR. #1 30 12 0 ° PM 30 -- 1 00 - - - 2 00 30 -- - - 3 00 - 30 4 00 -- 30 5 00 30 9/7/2010 3 18 PM 1/1 Network Services RECEIVED City of Tigard SEP 0 7 2010 Pre- Application Conference Requp�, ",Y OF TIG "�° w , ° . .... ..�. .<y. <.t...,.... .�.. , , _ ,. ,..., -.. -... +.... ".. .. ..... a..M... _ , ,... . .., �,:...u...,. -w., ....,, .._. . . -,. ;ice ,...._- _.._ .,.... �.. GENERAL INFORMATION n F n O ' R STAFF USE ONLY Applicant: O & l i O Pe no l r o Case No.: PPb 1 - uoD Address: 10170 5W KafhLri nt' $f Phone: .(50.5) (GQg R233 Receipt No.: /19 7'9 City: T I C fl Q 0n - z Zip: vl Application , Accepted By: S - 70 121 V Date: Contact Person: Ofd t a PQf l Q IOLGI Phone: (50 6 R2.33 DATE OF PRE - APP.: 49 • r Property Owner/ Deed o er s : 0 fe. P9.41Q 10 TIME OF PRE -APP.: «" PRE -APP. HELD WITH: Rev. 7/1/10 Phone: Address: 10110 51n( Katherine Phone: (00� 8233 is \curpin \masters \land use applications \Pre-App Request App.doc Sf City: T i j (i rd Zip: q7 2 2. 3 Property Address /Location(s): 10110 5W Kai h e r i ne S+ T GG rd Or_ q72 2 3 REQUIRED SUBMITTAL ELEMENTS J / (Note: applications will not be accepted without the required submittal elements) Tax Map & Tax Lot #(s): z S 102 i BOO '-O2, ❑ Pre - Application Conf. Request Form R.14-. 6 COPIES EACH OF THE FOLLOWING: Zoning: ❑ Brief Description of the Proposal and any Site Size: g, - 1 / 2 - # 561.ft /O• ,ZO acre 5 site - specific questions /issues that you would like to have staff research prior to the meeting. PRE - APPLICATION CONFERENCE INFORMATION ❑ Site Plan. The site plan must show the proposed lots and /or building layouts drawn All of the information identified on this form are required to be submitted by to scale. Also show the location of the the applicant and received by the Planning Division a minimum of one (1) week subject property in relation to the nearest . prior to officially scheduling a pre - application conference date /time to allow streets; and the locations of driveways on the staff ample time to prepare for the meeting. subject property and across the street. A pre - application conference can usually be scheduled within 1 -2 weeks of the ❑ Vicinity Map. Planning Division's receipt of the request for either Tuesday or Thursday ❑ The Proposed Uses. mornings. Pre - application conferences are one (1) hour long and are typically held between the hours of 9:00 -11:00 AM. • • _- ii ' ' ' PRE - APPLICATION CONFERENCES MUST BE SCHEDULED IN ❑ Filing Fee $599.00 PERSON AT THE COMMUNITY DEVELOPMENT COUNTER FROM 8:00- 4:00 /MONDAY- FRIDAY. IF MORE THAN 4 PEOPLE ARE EXPECTED TO ATTEND THE PRE - APPLICATION CONFERENCE IN YOUR GROUP, PLEASE INFORM THE CITY IN ADVANCE SO THAT ALTERNATE ROOM ARRANGEMENTS CAN BE MADE TO ACCOMMODATE THE GROUP. City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 503 - 718 -2421 1 www.tigard - or.gov 1 Page 1 of 1 To whom it may concern, I am requesting a Type II Home Occupation Permit because I need to be able to park a business truck and utility trailer on the east side of the property. First I am going to briefly describe some of the changes I want to implement to develop the topography and make it accessible to the commercial vehicle. Then I will explain in more detail each step I am planning to follow to accomplish my goal. I will respect the neighborhood and the city rules at all times. First of all I want to put up a wooden fence on the south and east side of the property to conceal the truck and utility trailer from public view. This fence will not be more than 6 feet tall at its tallest point. I am planning to use the same kind of wood as is seen around the neighborhood. The fence will have a double door gate for the pickup truck and utility trailer to enter and exit the property. The gate doors will remain closed at all times unless the utility vehicle is entering or exiting the property. I will have a second driveway that will give access to the fenced area for the commercial vehicle. I will improve the topography to make it accessible and visually pleasant. I will cover the driveway and parking area with crushed rock. I will keep the minimum entry point to the street. I will leave the three pre- existing trees on the northeast side corner untouched. I will put a retaining wall to improve the look of the area. I will keep all visible areas to the public clear of obstacles, tools, debris, etc., related to the nature of the business. I will not have a sign in front of the property advertising the business. I will make any necessary adjustments to my plans in order to meet city regulations. I will cause no excessive noise. I will not perform any business at 10170 SW Katherine St., Tigard, OR 97223. I will use this address solely to garage one commercial vehicle and one accessory, in this case a utility trailer. I kindly request your assistance and invite you to let me know of any regulations I might be accidentally overlooking and allow me to make any necessary changes in order to fulfill the requirements to obtain the requested Type II Home Occupation Permit and be able to park my commercial vehicle at home. Thank you for your consideration of my request. Best regards, Ofelia Penaloza 1 183.62 702,52 132.42 ■ ci, I C, IP C u! : w. ii • IQ ..., W 1 P7 2 • . - ,... C;.' 0 ■ ‘-.. ,. • n I er, i 1 ul. • -it. I°. ..4 L31 I4 ! $ i A 0 — • — . _ _ _ _ -- 1$4 .20 ',..= . ‹, \ '..:!..\ `• ..,..4,4• :0,...4.1isl....• '', \ ."ixi:).• \ `.- \-ZLL, ' \ ' .- '',. \ *•,.... • • n. loss • ' • ' , • •84.(1' -• .' r,•:• " 1' • • • i ". •"". z 12 , ! . 1 • 1 ,; , --, . I . • I .,-..,• ../, t r• \ ,: v .. ;..,% (...- 4 \ . ..., :. . ?. . • ' `,5 :; . :'■: 4. I . -1 , r\.) C. r, ..* 'f•'..... tn , . ' ...., , ,.. Z • . 4. f.1., •,.. . ' V; al • .f.:*%; , \ I .--- . , '. . c.)' f - J'''''' • • 0 k, _ _A qe , Y ./. '? ;' . ,• ' a-. , k • ".., 1 • '..) V • '... .„... ''. , • ir;•% v,.. '___,.:. __L... _ ,.., . __:" ....._e- - • f. •••• •;.:.., ..., ..., -; r's ri. 3 V . Ark..APs. 1 I swk..zqfba • ' ,...,... .' ... • . ''SWINKOC:TT • • •'•,..: kw/UUri 1 .,: .. ..,, v-1\ ..... ,.,____. :.. ,..„,.. ...,,. , 1 21 I — .3 i r kr, •. ,.-• .e.. 0 • , ..•... _ ____ ';`;:.,.. '' ' 1 fl • i . I , 1 , . ( ... : ;Vs-1 I ::::,, " ..•;. -11;7•5 .. I U .... 1 ' 1, •,. fr, / ..," c .. ..... v-, ] v A ' „.,. e,--1; 6 0 .... , . , ''. :'Co CQ ).;.; 10; N: . ..).' I ,, I ; i i I< ATH E RI N E. ST 4 ,--_ 13 —I -1(0-5 1 ----,... 6 7 19 r ,(0- g CI(' (' Dr ivt WO . L'I L ____ _ _ _ ,....,molsynov■mpapl • VEIWAI.TI■Marierion■rnenp,--fi Pr ••■•••■PrIn• OV -..-.. -.- ..■.- - --... ...- i cell ce- • 5i EnCIO5CCI I — 1 PorkirL9 10 17 0 il ti ,i i A I ■-..v I Les_ 5 ; Covered Pa fio Commercial Vehicle, C( 112\4tc‘ and /5 TratItr i I roc I Tree, ■ l ' J • 1 I.. ctel' U ...) , 0 ID 0 I 1----i cr 41 IC 12 015 i • • • 111 11 CITY OF TIGARD RECEIPT Jr 13125 SW Hall Blvd., Tigard OR 97223 503.639.4171 TIGARD Receipt Number: 179379 - 09/07/2010 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID PRE2010 -00020 Pre - Application Conference 1003100 -43116 $522 00 PRE2010 -00020 Pre - Application Conference - LRP 1003100 -43117 $77 00 Total: $599.00 PAYMENT METHOD CHECK # CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 1099 STREAT 09/07/2010 $599.00 Payor: Mijares Landscaping Maintenance Total Payments: $599 00 Balance Due: $0.00 • Page 1of1 • i()(7(7 ee h1- .,iv' , 4 1 * i P r i * 4 I, t olm) II71 5 • 10115 4 It '',.. e I A' S II. • MI i • I r ;. �. ' y �N • fir 'r • i ,,,..: :17.- 011111'; .. leo di 11 ... • . r ... , , . iota 0 v . O' , , 111 e { r. It _ 4. , 1 _ / x • s , eli 12020 a b....rllr MI s t ' 1 . ilia( . t e 1111 Feet 1 • 6 1 I } • 11 + •t • 41' i t CITY OF TIGARD RECEIPT a . 13125 SW Hall Blvd., Tigard OR 97223 503.639.4171 TIGARD • Receipt Number: 179526 - 09/21/2010 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID 06POS- 00000 -#0000 Misc Fees (copies /labels /maps /prints) 1003100 -43130 $35.00 Total: $35.00 PAYMENT METHOD CHECK # CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 1104 BTAGGART 09/21/2010 $35.00 Payor: Miljares Landscaping Maintenance Total Payments: $35.00 Page 1 of 1 • :PRE�APPhICATIO N CONFERENCE=:NuIES = , r�� ➢:r: AGINEERING SE C TION.:Q: • riVA F ' .;41144-2e r,3 .,; „' ,;' ; CI41 ofTlgard;oregOn =" _ - _ � � - _ �f1,3�f"i � � �.K-- � _ - _ _ _ 1• � - 'F= " : 'y, _ _ �. •�' ;� "u• ., . -- a- - -- _,...,, = .:�:••' .. .._ r z �S(ta A PUBLIC FACILITIES Tax Maplsl: 2S102BB Penaloza 110P Tax LoUsl: 402 Use Type: B 4.5 The extent of necessary public improvements and dedications which shall be required of the applicant will be recommended by City staff and subject to approval by the appropriate authority. There will be no final recommendation to the decision making authority on behalf of the City staff until all concerned commenting agencies, City staff and the public have had an opportunity to review and comment on the application. The following comments are a projection of public improvement related requirements that may be required as a condition of development approval for your proposed project. Right -of -way dedication: The City of Tigard requires that land area be dedicated to the public: (1.) To increase abutting public rights -of -way to the ultimate functional street classification right -of -way width as specified by the Community Development Code; or (2.) For the creation of new streets. Approval of a development application for this site will require right -of -way dedication for: ❑ SW to feet from centerline of right -of -way ❑ SW to feet • ❑ SW to feet ❑ SW to feet Street improvements: street improvements will be necessary along SW Katherine Street , to include: ❑ feet of pavement from centerline of right -of -way ❑ concrete curb ❑ storm sewers and other underground utilities ❑ -foot concrete sidewalk ❑ 5 -foot planter adjacent to curb s ree rees " — - ❑ street signs, traffic control devices, streetlights and a two -year streetlight fee. CITY OF TIGARD Pre- Application Conference Notes Page 1 of 6 Engineering Department Sutton • El Other: 1. Driveway location needs to be at a 30 -foot distance (measured along the right -of- way line on Katherine : et) from the right -of -way of Karol C t. 2. Driveway approach needs . to be paved at least 5 teet from the existing pavement to prevent gravel from being scattered into the street. ❑ Street improvements may be necessary along 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 CITY OF TIGARD Pre- AgglIcatIon Conference Notes Page 2 of 6 . Engineering Department Section ❑ street trees • ❑ street signs, traffic . ,trol devices, streetlights and a two -, ar streetlight fee. ❑ Other: Agreement for Future Street Improvements: In some cases, where street improvements or other necessary public improvements are not currently practical, the improvements may be deferred. In such cases, a condition 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 be eligible for such a future improvement guarantee: (1.) (2.) Overhead Utility 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, if approved by the City Engineer, 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 approved, it is equal to $ 35.00 per lineal foot of street frontage that contains the overhead lines. Sanitary Sewer: Water Supply: The City of Tigard is the water service provider in this area. Please contact John Goodrich at 503 -718- 2609 to coordinate water connection. requirements. If there is any irrigation involved in the project, contact Hung Nguyen at 503 - 718 -2603 for backflow prevention requirements. Fire Protection: Tualatin Valley Fire and Rescue District (South Division) [Contact: John Dalby, (503) 356 -4723] 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. Water service to meet fire protection requirements will be coordinated with the City of Tigard. • Storm Sewer Improvements: All proposed development within the City shall be designed such that storm water runoff is conveyed to an approved public drainage system. The applicant will be required to submit a proposed storm drainage plan for the site, and may be re quired to prepare a sub -basin drainage analysis to ensure that the proposed system will accommodate runoff from upstream properties when fully developed. CITY OF TIGARD Pre- Appllcatfon Conference Notes Page 3 016 Engineering Department Section • Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) (Resolution and Order No. 00 -7) which requires the construction of on -site water quality facilities. The facilities, shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm waterrunoff generated from 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 impervious surfaces created; for every 2,640 square feet, or portion thereof. Please contact the Building Division for the current fee. Preliminary sizing calculations for any proposed water quality facility shall be submitted with the development application. It is anticipated that this project will require: ❑ Construction of an on -site water quality facility. ❑ Payment of the fee in -lieu. 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. • TRANSPORTATION DEVELOPMENT TAIL • In 1990, Washington County adopted a county -wide Traffic Impact Fee (TIF) which was replaced in 2008 by a Transportation Development Tax (TDT) that became effective 7/1/09. The TDT 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 TDT incorporates the proposed use of the land and the size of the project. The TDT is calculated, due, and payable at the time of building permit issuance. In limited circumstances payment of the TDT may be allowed to be deferred until the issuance of an occupancy permit. Deferral of payment until occupancy is permissible only when the TDT exceeds the TDT rate for a single. family home. PERMITS Public Facility Improvement (PFI) 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 CITY OF TIGARD Pre-Application Conference Notes Page 4 016 Engineering Department Section . costs exceeds the deposit amount. NOTE: Engineering Staff time will also be tracked for any final design- related assistance pro :d to a Permittee or their enginee for 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 improvernenrconstruction work. The PFI permit fee structure is attached. NOTE If an PFI Permit is required, the applicant must obtain that permit prior to release of any permits from the Building Division. Building 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. 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 Tots have natural slopes between 10% and 20 %, as well as Tots 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. CITY Of TIGARD Pre- Application Conference Notes Page 5 of 6 Engineering Department Section - a PREPARED BY: I • P 9 /1 YID De 11 pment Engineer DATE Phone: 1503) 718 -2410 Fax: 15031710 -2148 template Revised. March 4, 2010 • • • CITY OF T16A11D Pre- Application Conterence Notes Page 6 016 Engineering Oeparimem Section