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CUP2007-00005 120�DAYS'=3/20/2008 DATE OF FILING: 3/7/2008 �� DATl MAILED: 3/12/2008 = CITY OF TIGARD Washington Counry, Oregon NOTICE �F FINAL ORDER BY THE HEARINGS OFFICER Case Numbers: CONDITIONAL USE PERMIT CUP 2007-00005 AD US'I'MENT VAR 2008-00001 Case Name: ST. ANTHONY'S CATHOLIC CHURCH CEMETERY EXI'ANSION Applicant's Name/Address: St.Anthon s Catholic Cemete 9905 SW McKenzie Street T'i ard OR 97223 O�mer's Name/Address: Roman Cat o �c Arc is o o Pon an in Ore on an Successors a Co orate So e 2838 E. Burnsi e Avenue ort and OR 97214 Address of Propeny: On the north side o SW Gaarde Street between SW 115 Avenue &SW 118 Avenue nei hborin an west o t e e�stin cemete at 11585 SW Gaarde Street. Tax Ma /Loc Nos.: Washin on Co. T�Assessor's Ma No.2S 03C� Tax Lot 3400. A FINAL ORDER INCORPORATTNG THE FACTS, FINDINGS AND CONQ..LJSIONS APPROVING A RE�UEST FOR A CONDITIONAL USE AND AN ADJUS'TNIEN'I', T�-�E QTY OF TTGARD HEARINGS OFFICER HAS REVIEWED THE APPLICANI"S PLANS, NARRA'ITVE, MATERIALS, COMIvIENTS OF REVIEWING AGENQES, T�-�E PLANNING DIVISIONS STAFF REPORT AND RECOMI��NDATTONS FOR T'HE APPLICATTON DESC�IBED IN FURTI�R DETAIL IN Tf-� STAFF REPORT. 7'HE HEARINGS OFFICER HELD A PUBLIC HEARING ON FEBRUARY 25, 2008 TO RECEIVE TESTTMONY REGARDING T�-IIS APPLICAT'ION. Tf-IIS DEQSION HAS BEEN BASED ON Tf-�'. FACTS, FINDINGS AND GONQ,USIONS CONTAINED WIT�IIN T�IIS FINAL ORDER Request: ➢ The applicant requested approval for a conditional use pennit to convert a 1.51-acre property froi�� su�gle-family residenuaZ use to cemetery use. The subject property �s a.vacant lot of record that once served the sin le-farrvly home on the propeny to the west. The existuig cemetery �s irnmediately east of the subject lot. The app�cant does not propose anybuiIdings, removal of any trees or uistallation of signs. St. Anthon�s Catholic Cemetery �s proposing that the sub�ect lot be used for religious burial of huinan remains so that rt may continue to offer the service. In addiuon, the applicant requested a proval for an Adjustment to the access sp�a_cuig standard for an arterial from 600 feet to 417 feet. At the February 2�, 2008�public hearing, the Hearings Oificer held the record open for one week to allow the applicant and city staff to discuss options for driveway access to Gaarde Street, then approved this request, subject to modified conditions of approval contained within this final order. Zone: R 4.5: Low Densiry Residential. A licable Review Criteria: Community Development Code Chapters 18.330, 18360, 18.370, 18.390, 18.510, 18.705, 18.7 , 18.745, 18.790, 18.795 and 18.810. Action: ➢ ❑ Approval as Requested OO Approval with Conditions ❑ Denial Notice: Notice was published in the newspaper and mailed to: ❑x Owners of Record within the Required Distance ❑X Affected Government Agencies � Interested Parties ❑x The Applicants and Owners The adopted finding s of fact and decision can be obtained from the Planning Division/Community Development Department at the C:ity of Tigard Pernzit Center at City Hall. Final Decision: THIS DECISION IS FINAL ON MARCH 12,2008 AND BECOMES EFFECTIVE ON NLARCH 27 2008 UNLESS AN APPEAL IS FILED. Ap peal: The decision of the Review Authority is final for purposes of appeal on the date that it is mailed. Any party with standin as provided in Section 18.390.040.G.1. may appeal tlus dec�sion in accordance with Section 18.39D.040.G.2. of the �igard Community Developm� ent Code which provides that a written appeal together with the re quired fee shall be f�led with the Director within ten (10) business days of the date the notice of the decision was mailed. The appeal fee schedule and forn�s are available from the 1'lanning Division of Tigard City Hall, 13125 SW Hall �oulevard, Tigard, Oregon 97223. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON MARCH 26 2008. Questions: If you have any questions, please call the City of Tigard Planning Division at (503) 639-4171. BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARI), �REGON Regarding an application by St. Anthon}�s Catholic ) F I N A L O R D E R Cemetery for a conditional use pernut to expand an ) CLJP2007-00005 existing cemetery onto an adjacent 1.5-acre property west ) VAR2008-00001 of 11585 SW Gaarde Street in the City of Tigard, Oregon ) (St. Anthony's Cemetery) a strM�xY l. A1 Tabayoyon filed the application for St. Anthon}�s Catholic Cemetery(the "applicant"). The applicant requests approval of a conditional use pemiit to expand the e�sting St. Anthon�s Catholic Cemetery at 11585 SW Gaarde Street onto a vacant 1.5-acre parcel abutting the west boundary of the existing cemetery. The legal description of the 1.5- acre parcel is Washington County t�lot 2S103C�3400 (the"site"). The applicant will use the site f or religious burial of human remains. The applicant did not propose construction of any buildings or signs or removal of any trees.The applicant also requests approval of an adjustment to the arterial access spacing standards to reduce the spacing f rom 600 to 417 feet for the e�sting driveway serving the site. Additional basic facts about the site and surrounding land and applicable approval standards are provided in the Staff Repon to the Hearings Officer dated February 15,2008 (the " Staff Report"), incorporated herein by reference. 2. Tigard Hearings Officer Joe Turner(the "hearings officer") conducted a duly noticed public hearing to receive testimony and evidence in the matter. At the public hearing, City staff recommended conditional approval of the application. Representatives of the applicant testified in support of the application. Other than service providers, no one else testified orally or in writing. Disputed issues in this case include: a. Whether the applicant is required to close the existing driveway to Gaarde Street on the cemetery east of the site; b. Whether the applicant is required to dedicate right of way and plant street trees along the frontage of the existing cemetery; and c. Whether the Citycan require the use of a specific street tree species. 3. The hearings officer concludes that the applicant sustained the burden of proof for a conditional use perniit and adjustment based on the findings and conclusions included and incorporated herein and subject to conditions at the end of this final order. B. HEARING AND RECOR.D 1. The hearings officer held a duly noticed public hearing on February 25, 2008 to receive and consider public testimony in this matter. The record includes a witness list, materials in the casefile as of the close of the record, including materials submitted after the hearing, and an audio record of the hearing. At the beguuung of the hearing, the hearings officer made the declaration required by ORS 197.763. The hearings officer disclaimed any 0c parte contacts, bias or conf licts of interest. The f ollowing is a slunmary by the hearings officer of selected relevant testimonyoffered at the hearing. 2. Cityplanner EmilyEng surnrnarized the Staff Repon and responded to testimony from the applicant's representatives. a. She noted two typographical errors at pages 5 and 17 of the Staff Report. The applicant did not propose any new impervious surface areas on the site. Therefore the applicant will not be required to collect,treat or detain stormwater runoff from the site. 3. Planner Ken Sandblast, Cemetery Board chair A1 Tabayoyon,Father Leslie Sieg and CemeteryBoard member Bruce Hollistertestified for the applicant. a. Mr. Sandblast accepted the findings and conditions in the Staff Report with certain exceptions. i. He requested the hearings officer modify condition of approva110 to clarifythat street trees are onlyrequired along the frontage of the 1.5-acre site. The applicant is not required to plant street trees along the frontage of the e�sting cemeteryeast �f the site. u. He requested the hearings officer modifycondition of approval3 to require that the applicant provide street trees listed on the Cit}�s Street Tree list without requiring or suggesting specific tree species. ui. He objected to condition of approval S, which requires that the applicant remove the driveway access to Gaarde Street on the e�cisting cemetery site. b. Mr. Tabayt�yon read his written testimony siurunarizing the history of the cemetery and the purpose of the expansion. i. He requested the hearings officer modifycondition of approval 12 to clarify that the applicant is only required to dedicate additional right-of-way along the frontage of the 1.5-acre site. The applicant is not required to dedicate right-of-way along the f rontage of the existing cemetery east of the site. u. He objected to the Cit}�s request.that the applicant close the driveway access to Gaarde Street on the e�sting cemetery site. The driveway has always existed in this location and it has never caused a hazard. The applicant recently spent $8,000 to install an automatic gate at this drivewa�s intersection with Gaarde Street. The cost to remove the existing driveway and gate and construct additional curb and sidewalk would impose a significant financial burden on the applicant. Closure of the drivewaymayalso affect the viability of the e�cisting cemetery. c. Father Sieg objected to the Cit�s request that the applicant close the driveway access to Gaarde Street on the existing cemetery site. CUP2007-00005 and VAR2008-00001 Hearings Officer Final Order (St.Anthony's Catholic Cemetery) page 2 i. He argued that the closure of the existing driveway access to Gaarde Street would render the e�sting cemetery unusable. A large hearse is used to transport caskets to the cemetery. The hearse must park as close to the gravesite as possible in order to linut the distance the pallbearers must carry the heavy casket. In addition,elderly funeral attendees must be able to park close to the gravesite ui order to in;r,im;�e the distance they must walk to attend the graveside service. Closure of the e�sting driveway access to Gaarde Street will force these vehicles to back up a significant distance in order to turn around and use the new driveway on the site or the e�sting driveway to 115Lh Avenue to the east. The applicant cannot construct a turnaround at the end of the driveway without impacting existing graves. ii. He testified that the �najorityof craffic generated bythe cemeteryis highlycontrolled. Funeral processions are directed onto a specific route into the cemetery. Most funeral processions are escorted by motorcy�les, which ensure that the proper route is followed. The cemetery provides a lirruted number of funeral services, roughly 30 to 40 per year. iu. He testified that the applicant has no plan to use the existing driveway on the 1.5-acre site f or ceinetery services at this time. The applicant may use the driveway for heavy equipment access. d. Mr. Hollister argued that the e�sting driveway on the site should be retained, since it provides the safest access to Gaarde Street between Pacific Highway and 1215L Avenue. Sight distance is limited at most of the other existing driveway and street intersections on Gaarde Street. 4. City engineer Kim McMi]lan testified that the applicant must "implement" the approval by completing all of the conditions of approval within 18 months f rom the effective date of the hearings officer's decision. a. She agreed that the right of way and street trees required by conditions of approval 10 and 12 should be limited to the frontage of the 1.5-acre site. No dedications or improvements are required along the f rontage of the existing cemetery except as necessary to modify/close the e�sting driveway. b. She noted that Gaarde Street is classified as an arterial street, which requires a nvnunum 600 feet spacing between driveways. However it is impossible to comply with the 600-foot spacing requirement along this site due to the location of e�sting driveways in the area. Closure of the driveway access to Gaarde Street would reduce the number of driveways accessing Gaarde Street and reduce the e�rtent of the nonconforniity. c. She agreed with the applicant's suggestion that both of the e�usting Gaarde Street driveways can be retained, provided a pork chop or similar physical barrier is installed to limit one of the driveways to right-in/right-out only movements. The applicant should be required to provide a sight distance certification demonstrating that adequate sight distance is available at the driveway serving the e�sting cemetery. CUP2007-00005 and VAR2008-00001 Hearings Officer Final Order (St.Anthony's Catholic Cemetery) Page 3 5. At the end of the hearing the hearings officer held the record open for one week to allow the applicant and City staff to discuss options for driveway access to Gaarde Street. The record in this case closed at 5:00 p.m., on March 3, 2008. C. DISCUSSION 1. The Staff Report, as modified at the hearing,identifies the applicable approval criteria for the application and applies them to the record in the case. The hearings officer agrees that the standards identified in the Staff Repon are applicable and finds that they are correctly applied to the facts of the case in the Staff Report. Substantial evidence in the record shows that the proposed use does or can comply with the applicable approval criteria for a CCTI' and adjustment, and adoption of recommended conditions of approval as amended will ensure final plans are submitted and implemented as approved consistent with those criteria and standards and will prevent, reduce or mitigate potential adverse impacts of the development consistent with the requirements of the TMC. The hearings officer adopts the findings and conclusions in the Staff Report, as modified, as his own. 2. During the open record period the applicant's engineer subrrutted a Prelimuiary Sight Distance Certification for the existing east driveR�ayto Gaarde Street on T�Lot 2S103C�03300 (between SW 115th and 117th Avenues). The Prelu7unarySight Distance Certification demonstrated that it is not feasible to meet Ciry sight distance requirements from the west of this driveway. Therefore the applicant should be required to restrict this driveway to right in/right out movements only. This will allow the applicant to continue using this driveway for funeral services and cemetery access while reducing the number of full-access driveways on Gaarde Street and eluninating the e�sting safety hazard caused by the inadequate sight distance to the west of this intersection. The applicant should be required to install proper signage and construct a raised pork chop style median approved by the Ciry to restrict this drivewayto right-in/right-out movements. C',c�nditions of approval 5 and 8 in the Staff Repon should be modified to that effect. Condition of approval7 in the Staff Report, which requires closure of this driveway, should be deleted. 3. The applicant's PrelimuiarySight Distance Certification demonstrates that, with certain modifications, it is feasible to achieve adequate sight distance in all directions at the intersection of the existing driveway on tax lot 2S103C�3400 at Gaarde/SW 117th Avenue. Therefore the applicant should be allowed to retain this driveway as a full-access driveway, provided the applicant completes all modifications necessaryto obtain adequate sight distance. T1us is required by condition 9 in the Staff Report. 4. The hearings officer finds that the applicant is only required to dedicate right of wayand plant street trees along the frontage of the 1.5-acre site, tax lot 2S103C�3400. The applicant is not required to dedicate right of way,plant street trees or otherwise modifythe e�sting cemetery site,Tax Lot 2S103m03300,except as necessary to modify the existing drivewayto right-in/right-out onlymovements. Conditions of approval 10 and 12 of the staff report should be modified to that effect. CUP2007-00005 and VAR2008-00001 Hearings Officer Final Order (St. Anthony's Catholic Cemetery) page q 5. City staff recommended that the applicant consider planting large stature street trees along the site's frontage. The hearings officer supports this recommendation. However the Code only requires that the applicant plant trees listed on the Cit}�s approved street tree list. The Ciry has no authority to require that the applicant utilize a particular tree species from the approved list. Therefore condition of approval 3 should be modified to elimuiate this "recommendation." D. CONCLUSIONS Based on the findings and discussion provided or incorporated in this final order,the hearings officer concludes that the applicant sustained the burden of proof that the proposed conditional use permit and access spacing adjustment do or u--ill comply with the applicable criteria of the Community Development Code,provided development that occurs after this decision complies with applicable local, state, and federal laws and with conditions of approval warranted to ensure such compliance occurs in fact. E. DECISION In recognition of the findings and conclusions contained herein, and incorporating the Staf f Report and public testimony and e�ibits received in this matter,the hearings officer hereby approves CLTI'?007-00005 and VAR2008-00001 (St. Anthon�s Cemeter� subject to the following conditions of approval: � CONDITIONS OF APPROVAL HE F LL WIN C N I I N L BE S ISFIE RI R ISSUANCE OF THE PUBLIC FACILITY IMPROVEMENT PFI PERMIT: Su mit t e o owing to t e C�ty onst o ra er, 503 718-2700 or re�new and ap.proval, and include a cover letter indicating w�ere in the submittal the condition has been satisfied: 1. Prior to receiving a PFI Pernzit,the applicant/owner shall record a deed restriction to the effect that any existing tree greater than 6" diameter ma be removed only if the tree dies or is hazardous according to a certified arborist. �e deed restriction may be removed or will be considered invalid for any tree preserved in accordance witli t�vs decision that either dies or is removed as a hazardous tree. 2. Prior to receiving a PFI Pernzit,the applicant's arborist shall prepare a protection program that addresses tree protection both during fence installation and after the site becomes a cemetery(i.e., where burials can occur and what type of landscaping is appropriate near existing trees). 3. If the applicant chooses to modify the species of street trees,the applicant shall submit a revised street tree plan indicatu-ig the treetype(s) and any changes Ln spacing. The applicant shall utilize tree speaes ident�fied on the Cit}�s approved street tree �.st. Submit to the Current Planning Division(Emily Eng, (503) 718-2712) for review and approval: 4. Prior to receiving a PFI Perniit, the applicant shall revise the site plan to show a visual clearance tnangle for the proposed accesses on SW Gaarde Street, meeting the visual clearance standards for dnveways on an arterial. CUP2007-00005 and VAR2008-D0001 Hearings Officer Final Order (St. Anthony's Catholic Cemetery) Page S Submit the following to the Engineering Departinent�Kim McMillan, (503) 718-2642) for review and approval, and include a cover letter indicating where in the submittal the condition has been satisfied: 5. A Public Facility Improvement (PFI) permit is required f or this project to cover modification ot-the e�stin dnvewayto right-ui/nght-out onl}�access and anyother work in the public right-o�way. Three (3) sets of detailed public im� provement plans shall be submitted for review to the En ineering Department. NOTE: these plans are in addition to any drawings require�by the Buildin Division and should only include sheets relevant to public improvements. Public�acility Improvement (PFI) pernlit plans shall conform to City of Tiga�rd Public Improvementl�esign Standards, wluch are available at City Hall and the C:it�s web page (www.tigard-or.gov}. 6. The PFI pernut plan submittal shall include the exact legal name, address and telephone number of the uidividual or corporate entiry who will be designated as the "Perrruttee", and who will provide the financial assurance for the p�ub�lic improvemenu. For example,specify if the entity�u a corp oration,-lunited partnership, LLC, etc. Also spec�fy the state within which the entity is incorporated and provide the name of the corporate contact�person. Failure to provide accurate information to the Engineering Department wiIl delayprocessu-ig of project documents. 7. The applicant shall modify the existing driveway on T�Lot 2S 103C�03300 (between SW 115th and 117th Avenues) allow nght.in/right-out movements only. Th�s right-in/ri ht-out movement shall be accomphshed with proper signage and the construction o�a raised pork chop style median. 8. The applicant shall modifythe fencing and vegetation as necessary to obtain adequate si ht distance at the e�cistuig dnveway on tax lot 2S103C7�3400 at Gaarde/S� 117th Avenue. This dnveway can be used for full ingress/egress movements u�on completion of the modifications required to meet sight distance. The applicant s en�uzeer shall provide a final sight distance cert�fication upon completion of mo ifications to the vegetation and fencuig. 9. The applicant shall install street trees that meet the size and spacin standards of the TDC aIong the Gaarde Street frontage of the 1.5-acre site, tax lot �S103m3400. The tree species shall be consistent with the Cat}�s approved street tree list. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO FINAL PRO ECT ACCEPTANCE: u mit e o owing to e Engineenng partment Kim McMi an, 503 718-2642 for review and approval, and include a cover letter indicating where in the submittal the condition has been satisfied: 10. The applicant shall complete anywork in the public right-of-way and obtain approval from the Engu7eenng Department. 11. Additional ri ht-of-u�ayshall be dedicated to the Public along the Gaarde Street frontage of t�e 1.5-acre site,tax lot 2S103CD3400j to increase the nght-of-wayto 38 feet from the centerline. The description shall be tied to the e�stLng nght-of-way centerline. The dedication document shall be on Ciry f orms. Instructions are available from the Engineering Depanment. CUP2007-00005 and VAR2008-D0001 Hearings Officer Final Order (St.Anthany's Catholic Cemetery) Page 6 12. The applicant shall execute a Restrictive Covenant whereby they agree to complete or participate ui the future imp rovements of SW Gaarde Street ad�acent to the subject property, when any ot the following events occur: A. When the improvements are part of a lar�er project to be financed or paid for �by the fom�ation of a Local Improvement Distnct, B. When the improvements are part of a 1ar�er project to be financed or paid for in whole or in part by the City or other publ�c agency, � When the unprovements are part of a larger pro�ect to be constructed by a third p and involves the sharing of des�gn and/or construction expenses by the t�party owner(s) of property in addition to the sub'ect properry,or D. When construction of the improvements is deeme�to be appropnate by the City Engineer in conjunction with construction of improvements by others adjacent to the subject site. 13. The applicant's engineer shall provide a final sight distance cenification for both accesses on SW Gaarde Street after sight distance obstructions have been removed. THIS APPROVAL MUST BE IMPLEMENTED WITHIN 18 MONTHS FROM THE EFFECTIVE DATE OF THE HEARINGS OFFICER'S DECISION. DATED this 7th day of March 2008. J urner,Esq., AICP Cityof Tigard Land Use Hearings Officer CUPZ007-00005 and VAR2008-00001 Hearings Officer Final Order (St. Anthony's Catholic Cemetery) Page � Agend� item: 2.1 ' ' Hear. �ate: 2.25.2008 Time: 7:00 PM STAFF REPORT TO THE y � :�;�'� HEARING S OFFICER � ,w � ��'tM�`��i: FOR THE CITY OF TIGARD, OREGON ��=�t=�`'` ` ;; �, 120 AY = 5 7 200�8 SECTION I. APPLICATION SUMMARY FILE NAME: ST. ANTHONY CATHOLIC CEMETERY CASE NOS: Conditional Use Permit (CUP) CUP2007-00005 Adjustment (VAR) VAR200�-00001 APPLICANT: St. Anthony's Catholic Cemetery OWNER: Roman Catholic Archbishop of Attn: A1 Tabayoyon Pordand in Oregon, and 9905 SV�'McKenzie Street Successors, a Corporate Sole Tigard, OR 97223 2838 E Burnside Ave Portland, OR 97214 APPLICANT'S Planning Resoutces, Inc. REP: Attn: Dan ung 7160 SW �ir Loop, Suite 201 Pordand, OR 97223 PROPOSAL: The applicant is requesting a condirional use pemut to convert a 1.51-acre propezty from single-family residenttal use to cemetery use. The subject pxoperty is a vacant lot of record that once sen ed the single-family home on the property to the west. The e�sting cemetery is inunediately east of the subject lot. The apphcant does not propose any buildings, temoval of any trees or installation of signs. St. Anthony's Catholic Cemetery is proposing that the subject lot be used for religious bunal of human remains so that it may continue to offer the service. In addirion, the applicant requests a proval for an adjusttnent to the access spacing standaxd for an arterial from 600 �eet to 417 feet. LOCATION: No site address;Washington Counry Tax Map 2S]03CD,Tax Lot 3400. The subject parcel is lacated on the noxth side of SW Gaarde Stteet between SW 115th Avenue and SW 118th Avenue, neighboring and west of the existing cemetery at 11585 SW Gaarde Street. ZONING: R-4.5: Low Densit� Residenrial. 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, attached single-fa.inily units, some civic and institutional uses, as well as cemeteries are permitted conditionally. APPLICABLE � REVIEW CRITERIA: Community Development Code Chapters: 18.330, 18.360, 18.370, 18.390, 18.510, 18.705, 18.725, 18.745, 18.790, 18.795, and 18.810. SECTION II. STAFF RECOMMENDATION Staff recommends that the Heanngs Officer find that the proposed Conditional Use Permit will not adversely affect the health, safety and welfaxe of the City and meets the Approval Standatds for a Conditional Use. Therefore, Staff recommends APPROVAL, subject to the following recommended Conditions of A roval: St.Anthony Catholic Cemetery PAGE 1 OF 18 CUP2007-00005/VAR2008-00001 2/25/08 STAFF REPORT TO THE HE�RINGS OFFICER • . CONDITIONS OF APPROVAL THE FOLL� 'NG CONDITIONS SHALL BE � :SFIED PRIOR TO ISSUANCE Ot _riE PUBLIC FACILITI'IMPROV�,�.TENT (PFI) PERMIT: Submit the followin to the Ciry Arborist (Todd Prager, (503) 718-2700) for review and approval, and include a cover�etter indicating where in the submittal the condition has been satisfied: 1. Priar to receiving a PFI Permit, the applicant/ownex shall record a deed restriction to the effect that any e�sting tree reater than 6" diameter may be removed only if the tree dies or is hazardous according to a certi�ed axborist. The deed restiiction may be removed ar will l�e considered invalid for any tree preserved in accordance with this decision that either dies or is removed as a hazardous tree. 2. Prior to receiving a PFI Permit, the applicant's arborist shall prepare a pxotection program that addresses tree protection both during fence installation and after the site becomes a cemetery (i.e., where burials can occur and what type of landscaping is appropriate near e�sting trees). 3. RECOMMENDATION: Prior to receiving a PFI Permit, the applicant shall consider planting large statuse street trees, such as Oregon W'hite Oak (Quexcus garryana), Zelkova serrata, and Northern Red Oak (Quercus rubra). Spacing may need to be adjusted if the applicant chooses to plant a large-stature ttee. The applicant shall submit a revised stteet tree plan indicating the change m tree type and any changes in spacing. Submit to the Current Planning Division (Emily Eng, (503) 718-2712) for review and approval: 4. Prior to receiving a PFI Permit, the applicant shall revise the site plan to show a visual clearance trian�le for the proposed access, meeUng the visual clearance standards for driveways on an artenal. Submit the following to the Engineering Department (Kim McMillan, (503) 718-2642) for review and approval, and include a cover letter indicating where in the submittal the condition has been satisfied: 5. A Public Facility Improvement (1'F� permit is required for this pro ect to cover rernoval of the driveway, construction of the curb and sidewalk and any other wor� in the public ri�ht-of-way. Three (3) sets of detailed public improvement plans shall be submitted fot review to the Engineerm� Departrnent. I�TOTE: these plans are ui addition to any drawings required by the Building Division and should only include sheets relevant to public unprovements. Pubfic Facility Improvement (1'FI) permit plans shall conform to City of Tigard Public Improvement Design Standards,which are available at City Hall and the City's web page (www.tigard-or.gov). 6. The PFI�extnit plan submittal shall include the exact legal name, address and telephone number of the individual or corporate entity who will be designated as the "Permittee", and who will �rovide the financial assurance for the public improvements. For example, s ecify if the enhty is a corpoxation, li�uted partnership, LLC, etc. Also specify the state wi which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engmeering Department will delay processing of project documents. 7. Tax Lot 2S103CD03300 shall not be permitted to access ditectly onto SW Gaarde Street. 8. The applicant shall submit lans to remove the driveway on Tax Lot 2S103CD03300 (between SW 115th and 117th Avenues� and replace it with curb and sidewalk to match e�usting curb and sidewalk. 9. The applicant shall remove a portion of the u�rought iron fence to the east of the driveway on SW Gaa.rde/SW 117th Avenue. The applicant shall remove a portion of the wood split rail fence to the west of this same driveway. Tlus shall be done in order to obtain adequate sight distance from this driveway,in accordance with the engineer's prelunuiary sight distance cexrification. 10. The applicant shall install street trees that meet the size and spacing standards of the TDC. St.Anthony Catholic Cemetery PAGE 2 OF 18 CUP2007-00005/VAR2008-00001 2/25/08 STAFF REPORT TO THE HEARINGS OFFICER THE FOT T,OWING CONDITIONS SHALL BF SATISFIED ' ' P )R TO FINAL PROJECT ACCEP .VCE: Submit the following to the Engineering Department (Kim McMillan, (503) 718-2642) for reviev�� and approval, and include a cover letter indicating where in the submittal the condition has been satis�ed: 11. The applicant shall complete any work in the public right-of-way and obtain approval from the Engineering Department. 12. Additional right-of-way shall be dedicated to the Public along the frontage of SW Gaarde Street to increase the tight-of-way to 38 feet from the centerline. The description shall be tied to the existing right-of-way centerline. The dedication document shall be on City forms. Instructions are available from the Engineering Department. 13. The applicant shall execute a Resttictive Covenant whereby they agree to complete or parucipate in the future improvements of SW Gaarde Street adjacent to the subject property, when any of the following events occur: A. when the improvements are part of a larger project to be financed ot paid for by the formation of a Local Improvement District, B. when the improvements axe part of a larger project to be financed or paid for in whole or in part by the City or othez pubhc agency, C. when the unprovements are part of a larger project to be constructed by a third party and involves the sharing of deslgn and/or construction e�enses by the thisd party owner(s) of property in addition to the subject property, or D. when construction of the unprovements is deemed to be ap��ropriate hy the City Fngineer in conjunction with construction of unprovements by others adjacent to the subject site. 14. The applicant's engineer shall provide a final sight distance certification after the appYOpriate fencing has been removed. THIS APPROVAL MUST BE IMPLEMENTED WITHIN 18 MONTHS FROM THE EFFECTIVE DATE OF THE HEARINGS OFFICER'S REPORT. SECTION III. BACKGROUND INFORMATION Pro�osal: The applicant is requesting approval for a conditional use pex�nit to convert a 1.51-acre properry from single- family xesidential use to cemetery use. The subject property is a vacant lot of record that once served the single-family home on the properry to the west. The existing cemetery is i�runediately east of the subject lot. The applicant does not propose any buildings, removal of any trees or installation of signs. St. Anthony's Catholic Church is proposing that the subject lot be used fot religious burial of human remains so that it may continue to offer the service. In addition, the applicant requests approval for an adjustment to the access spacing standard for driveways on an arterial from 600 feet to 417 feet. The adjustment is foz an e�sting driveway. Anothex e�sting dnveway,which does not meet the spacing standard,will be removed. Site and Vicinitv Information: The ptoposed site is a vacant lot of record that served the single-family home on the lot direcdy west of it. The e�sttng cemetery is directly east of the proposed site. The surrounding area is single-family residential and mostly zoned R-4.5. S�X1 Pacific Highway is about 0.37 mile away. Tigard Assembly of God �with Gaarde Chtistian School) and Tigard First Bapttst Church axe located a block away. The proposed site is covered with grass that has been regularly mowed and slopes down less than 10% to the north. Site Historv: The St. Anthony Catholic Cemetery has been in use since 1890. The proposed site for the expansion has been used for single-family residential purposes. There have been no previous land use decisions for the e�sting cemetery or the proposed site. St.Anthony Catholic Cemetery PAGE 3 OF 18 CUP2007-00005/VAR2008-00001 2/25/08 STAFF REPORT TO THE HEARINGS OFFICER Ccncerns ltaised b Nei hbors: The applicant hel a neighbonc� meeting on July 19, 2007. Three nc �ors attended. Two of the neighbors had questions xegardin� _ie fence. The applicant indicates that �,� other questions wexe raised and that neighbors in the suirounduig area did not have objections to the cemetery when they were pxeviously contacted about the expansion. SECTION N. REPORT 1�ZAKING PROCEDURES PERMITS AND USE Use Classification Chapter 18.130 lists the Use Categories. Cemeteries are listed in the "Other Use Types" category. Cemeteries are described as "facilities for storing human remains.Accessory uses may include chapels, mortuaxies, offices, maintenance facilities and parking." Summary of Land Use Permits and Decision-making Proceduces Section 18.330.020.A states that a request fot approval for a new conditional use shall be processed as a Type III-HO procedure, as regulated by Chaj�ter 18390.050, using approval criteria contained in Section 18.330.030A and subject to other requirements in this chapter. Type III-HO procedures apply to quasi- judicial permits and actions that predominantly contain discxetionary apptoval criteria. Type III-HO actions are decided by the Hearings Officer with appeals being heard by the City Council. The applicant is also requesting an adjustment to the access spacing standard for driveways on an arterial, which is processed as a Type II procedure. Staff has tecommended a decision to be considered by the Hearings Officer. SECTION V. SUMMARY OF APPLICABLE CRITERIA Staff has reviewed the ptoposal for consistency with the following code sections. Section is in Section VI of this report. A. Zoning Districts 18.510 - Residential Zoning Districts B. Applicable Development Code Standards 18.330 - Conditional Use 18.360 - Site Development Review 18.370 - Variances and Adjustments 18.705 - Access Egress and Circulation 18.725 - Environmental Performance Standards 18.745 - Landscaping and Screening 18.790 - Tree Removal 18.795 - Visual Clearance 18.810 - Street and Utility Improvement Standards C. Impact Study 18.390 SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS A. ZONING DISTRICTS Residential Zoning Districts (Cha�ter 18.510� Lists the description of the residential Zoning District. The proposed site is in an R-4.5 zone. The �r��rosed use. (cemetery) is pemutted conditionally in the R-4.5 zone. St.Anthony Catholic Cemetery PAGE 4 OF 18 CUP2007-00005/VAR2008-00001 2/25/08 STAFF REPORT TO THE HEARINGS OFFICER B. APPLICABLE DEVFLOPMENT CODE STANDARDS . � Conditional Use (Chapter 1�..,30� Purpose. The purpose of this chapter is to provide standards and procedures under v��hich a conditional use may be permitted, enlarged or altered if the site is appropriate and if other appropriate conditions of appro��al can be met. There are certain uses which due to the nature of the impacts on surrounding land uses and public facilities require a case-by-case review and section. The applicant requests approval of a new conditional use for the proposed site. The site is a single-family resident�al lot and the applicant is requesting a change of use to cemetery use. Approval Standards fot a Conditional Use. The Hearings Officer shall approve, ap�rove with cond�tions, or deny an application for a conditional use or to enlarge or alter a cond�tional use based on findings of fact w�ith respect to each of the following criteria: The site size and dimensions provide adequate area for the needs of the proposed use; The minimum lot size for cemeteries is 5 acres. `I'he proposed lot for the change of use is 1.51 acres. With the e�sting cemetery lot (3.57 acres), the entire cemetery site will be 5.08 acres. The site will still be comprised of two separate lots and the applicant has indicated they do not want to combine them. Considerin� the difficulty of xedeveloping cemeteries, a site size of 5.08 acres would be adequate to comply with the m�nimum lot size. This criterion is met. The impacts of the proposed use of the site can be accommodated considering size, shape, location, topography and natural features; The pro osed site is 1.51 acxes (65,7?S square feet), which is large in relation to tvpical residential lots in the R-4.� zone, which requires a minimum lot size of 7,500 squaYe feet. The site is relatively flat, sloping down less than 10% to the north. There are 12 trees on site. The proposed site is located on SW Gaarde Street, an arterial. The impacts of the pxoposed use can be accommodated considering size, shape, location, topogxaphy and natural features. The main activity on the site will be burials and funeral gatherings. Operating hours will be 8 am to dusk. The e�sting cemetery is divided into four quadtants. The proposed site will provide enough land for two c�uadrants and will be used for graves only. Because the site is an expansion of the e:cisting cemetery, it wi]1 not need any new sanitary, storm drainage or water connections. However, the ap�licant will be required to provide an onsite water quality facility. The applicant proposes to retain all extstu�g ttees. The proposed site will be accessible through the e�sting driveu-ay on SW Gaarde Street or through the e�sting cemetery's access on SW 11�`''Avenue. This critetion is met. All required public facilities have adequate capacity to serve the proposal; and The proposed use does not require any new connections to sanitary, storm drainage or water. Therefore, it will not affect the capacity of these public facilities. Concerning streets, no new streets or driveways are necessary. The proposed site is located on SW Gaarde Street, an arterial, and will be accessed using an e�sting driveway on SW Gaarde Street or the e�cisting cemetery's access on SW 115`h Avenue. In fact, the e�sting driveway on SW Gaarde Street between SW 115th Avenue and SW 117`� Avenue will be removed, bringing access spacing closer to the standard. This criterion is met. St.Anthony Cathol�c Cemetery PAGE S OF 18 CUP2007-00005/VAR2008-00001 2/25/08 STr�FF REPORT TO THE HEARINGS OFFICER The ap,�licable requirements of the zoning district are met except as *-��dified by this chapter. The proposed site meets and exc� �s the mi„imum dunensional requirements of the R-4.5 zone, as shou-n below: Figure 1. A�licable Dimensional Standards Required Required for Stated/Shown in Dimensional Standard in R-4.5: Cemete Use Pro osal � 1�cont setback ?�?� Graves 15 ft. 1 S ft. Structures 25 ft. Not ro osed Side setback NA Graves 15 ft. 15 ft. Structures 25 ft. Not ro osed Rear setback NA Graves 1 S ft. 15 ft. Structures 25 ft. Not ro osed NA 5 acres 5 acres with Minirnum lot size existin cemete SO ft. Same as zone 166 ft., 557 ft.with Avera e rninimum lot undth eaustin cemete Maxirnum buildin hei ht 30 ft. Same as zone Not ro osed The applicable requirements of 18.330.050 are met; and Section 18.330.050 lists setback, lot size, and fencing requirements far cemeteries. In addition, the section specifies that thexe are no parking requirements fo� cemeteries. As shown in the figure above, setback and lot size requirements are met. Concerning fencing, the code requires that a fence of at least four feet in height located at least 2 '/z feet from any right-of-way shall completely surround the area and shall meet visual clearance area standards. The applicant indicates that a fence meeting this standard will be provided along the western and southern boundary of the proposed lot. The applicant's plans show a 4 foot high fence, 2 '/2 feet from the ROW, completely around the proposed site whexe it abuts right-of-way and othex private property. Therefore, this cnterion is met. The supplementary requirements set forth in other chapters of this Code including but not limited to Chapter 18.780, Signs, and Chapter 18.360, Site Development Review, if applicable, are met. The applicable review criteria in this case include the following chapters of the CommunitY Development Code: 18.33U, Conditional Use; 18.360, Site Development Review; 18.390, Decision-Mak�ng Procedures; 18.370, Variances and Adjustments; 18.510, Residential Zoning Distcicts, 18.705, Access, Egress and Circulation; 18.725, Environmental Pexformance Standards; 18.745, Landscaping and Screening; 18.790, Tree Removal; 18.795, Visual Clearance Areas; and 18.810 Street and Utility Improvements Standards. All other code chapters are inapplicable as approval standards. All applicable requirements of the code are met. FINDING: The conditional use criteria have been met. Conditions of Approval for a Conditional Use. The Hearings Authority may impose conditions on the approval of a conditional use, which are found necessary to ensure the use is compatible with other uses in the viciniry, and that the impact of the proposed use on the surrounding uses and public facilities is minimized. These conditions may include, but are not limited to the following: St.Anthony Catholic Cemetery PAGE 6 OF 18 CUP2007-00005/Vt1R2p08-00001 2/25/08 ST?,FF REPORT TO THE HEARINGS OFFICER Limiting the hours, days, place and/or manner of operation; � • Operating hours u�ill be 8 ain w dusk. Staff does not recommend a cha,.�e to the houxs of operation. Requiring design features which minimize environmental impacts such as noise, vibration, air pollution, glare, odor and/or dust; No recommendauons. Requiring additional setback areas, lot area, and/or lot depth or width; No recommendations. Limiting the building height, size or lot coverage, and/or location on the site; No recommendations. Designating the size, number, location and/or design of vehicle access points; There are two e�sting driveways on SW Gaarde Street that do not meet the 600-foot spacing standard for driveways on an artehial. The applicant has applied fot an ad)�ustment to the e�sting driveway ditectly across from SW 117 Avenue. As addressed in Variances and Adjusunents, staff recommends that the Hearings Officer require the applicant to close the e�sting driveway between SW 117`h Avenue and SW 11 S`h Avenue. Requiring street right-of-way to be dedicated and street(s) to be improved; As addressed in Streets and Utility Improvements, staff recommends that the Hearings Officer require the applicant to dedicate 2988 feet of property along the proposed site's frontage for public right-of-way (ROW�, so that the current standard for SW Gaarde Stteet (38 feet from centexline) is met. Requiring landscaping, screening, drainage and/or surfacing of parking and loading areas; No recommendations. Limiting the number, size, location, height and/or lighting of signs; No signs are proposed; therefore, staff has no recommendations. Limiting or setting standards for the location and/or intensity of outdoor lighting; The applicant does not propose outdoor lighting; therefore, staff has no recommendations. Requiring berms, screening or landscaping and the establishment of standards for their installation and maintenance; No recommendations. Requiring and designating the size, height, location and/or materials for fences; Specifications for the fence are already addressed by the Conditional Use development standards for cemeteries. Staff has no tecommendations for additional conditions of approval regarding the fence. Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas and/or drainage areas; As addtessed in Tree Removal, staff recommends a deed restricrion to protect all e�sdng trees on site. Requiring the dedication of sufficient �ren land area for a greenway adjoining and within the floodplain when land form alterations and development are allowed within the 100-year floodplain; and St.Anthony Catholic Cemeterj� P�1GE 7 OF 18 CUP2007-00005/VAR2008-00001 2/25/08 STr1FF REPORT TO THE HEARINGS OFFICER The pro��sed site is about a mile away fxom the nearest floodplain. The hi�hest elevation of the nearest floodplain is 160 feet. The lowest Tat�on of the pzoposed site is 290 feet �etefore, a condition to this effect would not be applicable. Req uiring the construction of a pedestrian/bicycle pathway within the fluudplain in accordance with the adopted pedestrian/bicycle pathway plan. The proposed site is not within a floodplain. Therefore, a condition to this effect would not be applicable. 5ite Develo�ment Review (Chapter 18.360) A�vlicability and exemptions. Site development review shall be applicable to all new developments and major modification of existing developments, except it shall not apply to 18.360.020.A.1 through 10. The pzoposed change of use is considered new development that is a conditional use and site development teview cnteria,where applicable, shall apply. Relationship to the natural and physical environment: Buildings shall be: (1) Located to preserve existing trees, topography and natural drainage where possible based upon existing site conditions; (2) Located in areas not subject to ground slumping or sliding; (3) Located to provide adequate distance between adjoinitig buildings for adequate light, air circulation, and fire-fighting; and (4) Oriented with consideration for sun and wind. No builclings are being proposed. Therefore, this critexion does not apply. Trees shall be preserved to the extent possible. Replacement of trees is subject to the requirements of Chapter 18.790, Tree Removal. "1'he applicant proposes to retain all trees. Therefore, this criterion is met. Buffering, screening and compatibility between adjoining uses: The buffer table, 18.745.1, does not indicate that buffering is necessary. Chapter 18.330 (Conditional Uses) already requires fencing and set�acks speciCic tu cemetery use. Demarcation of public, semi-public and private spaces for crime prevention: The structures and site improvements shall be designed so that public areas such as stteets or public gathering places, semi-public areas and private outdoor areas are clearly defined to establish persons having a ri�ht to be in the space, to provide for crime prevention and to establish maintenance responsibil�ty; and The e�sting site has been designed to provide for crime prevention, as described in the response to 18.360.090.A.9.b below. These areas may be defined by, but iiot limited to: (1) A deck, patio, low wall, hedge, or draping vine; (2) A trellis or arbor; (3) A change in elevation or grade; (4) A change in the texture of the path �iiaterial; (5) Si�n; or (6) Landscaping. The cemetery will be distinguished from the public sidewalk by its grass surface and required fence. Therefore, this criterion is met. Crime prevention and safery: Windows shall be located so that areas vulnerable to crime can be surveyed by the occupants; b. Interior laundry and sen�ice areas shall be located in a way that they can be observed by others; c. Mail boxes shall be located in lighted areas having vehicular or pedestrian traffic; d. The extetior lighting levels shall be selected and the angles shall be oriented towards areas wlnerable to crime; and e. Light fuctures shall be provided in areas having heavy pedestrian or vehicular traffic and in potentially dangerous areas such as parking lots, stairs, ramps and abrupt grade changes. Fixtures shall be placed at a height so that light patterns overlap at a height of seven feet which is sufficient to illununate a person. St.Anthony Cathohc Cemetery PAGE 8 OF 18 CUP2007-00005/Vt1R2008-00001 2/25/08 STAFF REPORT TO THE HEARINGS OFFICER No lighticig within the cen �ti� is bein� pro�osed and the Citv 1 e Department }ias no �concerns regarding lighting. Therefote, �nis cxiterion does not apply. � Public Transit. Provisions within the �lan shall be included for providing for transit if the development proposal is adjacent to or within 500 feet of existing or proposed transit route. The proposed site is about 2,000 feet away fxom an existing bus line. Therefore, this criterion does not apply. Landscaping: A minimum of 15 percent of the gross site area shall be landscaped. The entire site (100%) is landscaped. Therefore, this criteYion is met. Drainage: All drainage plans shall be designed in accordance with the criteria in the adopted 1981 master drainage plan; The applicant is not proposing construction of any new impervious surface area. The cemetery site is mainly grass. Therefore, no storm water detention is required. Provision for the disabled: All facilities for the disabled shall be designed in accordance with the requirements set forth in ORS Chapter 447; and Provisions for the disabled are required for required walkways within commercial, institutional, industrial and multi-family residenrial sites (Chapter 18.705) as well as for parking lots (Chapter 18.765). The proposed use, cemetery, is in the "Otl�er Uses" classification. In addition, Chapter 18.330 (Conditional Uses) specifie.s that off-street parking and loading reqwrements do not apply for cemeteries. Therefore, the proposed cemetery would not be reqwred to provide for the disabled. All of the provisions and re ulations of the underlying zone shall apply unless modified by other sections or this title, e.g., �lanned Developments, Chapter 18.350; or a variance or adjustment granted under Chapter 1$.370. (Ord. 02-33) Staff has reviewed this proposal using all applicable provisions of the underlying zone and other sections of this tide. FINDING: The site development review criteria have been met. Variances and Adjustments (Chapter 18 370� The applicant requests an adjustment to the access spacing standard for streets and drive�zrays on an artenal. Secrion 18.705.030.H.3 states that the minimum spacmg of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. The proposed access is on SW Gaarde Street, an atterial, and aligned with SW 117`'' Avenue across the street. 'I he e�sting cemetery already has two accesses- one on SW 115`'' Avenue (the primary access) and one on SW Gaarde Street between SW 115`'' Avenue and SW 117`h Avenue. The proposed access across from SW 117 'Avenue is 417 feet west of SW 115th Avenue and 563 east of SW 118th Court. From the proposed driveway, there are at least 8 driveways within 600 feet to the west, and 3 driveways (including the other e�cisting driveway serving this property) and SW 11 Sth Avenue within 600 feet to the east. The proposed access does not meet the 600-foot spacing standard; therefore, the applicant requests an ad�ustment to the access/egress standards. St.Anthony Catholic Cemetery PAGE 9 OF 18 CUP2007-00005/Vt1R2008-00001 2/25/08 ST�FF REPORT TO THE HEARINGS OFFICER FINDING: Staff recommends approval of an adjusunent to the access j egrPSS standards for the proposed driveway. Access, Egress and Circulation (Chapter 18.705� When provisions apply. The provisions of this chapter shall apply to all development including the construction of nev�� structures, the remodeling of existing structures (see Section 18.360.050), and to a change of use which increases the on-site parking or loading requirements or which changes the access reqiiirements. Public Street Access (18.705.030.D): All vehicular access and egress as required in Sections 18.705.030H and 18.705.030(I) shall connect directly with a public or private street approved by the City for public use and shall be maintained at the required standards on a continuous basis. The proposed site will ha�re disect access to SW Gaarde and direct access to SW 11 S`'' through the e�cisting cemetery. Therefore, this critetion is met. Access Management (18.705.030.H): Section 18.705.030.H.1 states that an access report shall be submitted with all new development proposals v��hich verifies design of drivev��ays and streets are safe by meeting adequate stacking needs, si ht distance and deceleration standards as set by ODOT, Washington County, the City and AAS�TO. � prel.iminary sight distance cettification was submitted by Brad Albert, Civil Engineer, on November 9, 007. The certification is for the access ali�ned with SW 117th Avenue on Gaarde Street. The engineer states the speed limit on Gaarde Stxeet is 35 mph, requiring a minunum 350 feet of sight distance in each direction. The engineer measured the sight distance from this access point and it can meet tlle 350 feet requirements both to the east and west witl� the following mitigation: 1) removal of a portion of the wrought iron fence to the east and 2) the removal of a partion of the wood split rail fence to the west. The applicant shall remove or relocate the sections of fence that reduce sight distance below the tequired minimum distance of 350 feet. The applicant's engineer shall tl�en provide a fmal sight distance ceYtification to the engineering department prior to final acceptance of the project. Section 18.705.030.H.2 states that drivew�aps shall not Ue periliitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be 150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway. The setback may be �reater depending upon the influence area, as determined from City Engineer review of a traffic impact report subm►tted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. 1'he driveway on SW 115th Avenue is appro�mately 190 feet north of SW Gaarde Street, thereby meeting this criterion. The driveway on SW Gaarde that is aligned with SW 117th Avenue also meets this criterion. The access on SW Gaarde located between SW 115th Avenue and SW 117th Avenue is to be removed, therefore this criterion will not apply. Section 18.705.030.H. 4 states that the minimum spacing of driveways and streets along an arterial shall be G00 feet. SW Gaarde Street is classified as an Arterial on the City of Tigard's TSP, requiring a minimum spacing of 600 feet. Access spacing provides for increased capacity and safety on Artertals and Collectors. From the driveway on Gaarde Street that aligns with 117th Avenue there are at least 8 driveways within 600 feet to the west and 3 driveways (including the other driveway serving this proper ) and SW 115th Avenue within 600 feet to the east. While there is no location along this properry where �e spacing standard can be met, the best location is aligned with the intersection of SW Gaarde Street and SW 117th Avenue, as the driveway is today. The driveway located across from SW 117th Avenue is a better location than the other driveway on Gaarde Screet bccause it reduces the number of conflicting left turning movements; therefore St.Anthony Catholic Cemetery PAGE 11 OF 18 CUP2007-00005/VAR2008-00001 2/25/08 STAFF REPORT TO THE HEARINGS OFFICER the adjustment for this driveway should be granted. The other dtiveway, between SW 115th and S�X/ 117th Avenues, on SW Gaar �treet, however, should not be grante �. adjustrnent as it does not meet the adjustment criteria of 18.�. ,,. The prunary access, accorcling to 18.810.030.Q, where a development abuts an existing arterial and has access to two streets with different classifications, shall be from the lower classification street. In this case, the lower classification street is SW 115th Avenue, which is classified as a local street. Therefoie, the primary access shall be on SW 115th Avenue. A secondary access onto an Arterial should best meet the spacing standards, and that access is the one ali�n ed with SW' 117th Avenue. To provide yet a third access wluch does not meet the spacing standard or the adjustment criteria is not jusufied. In summary, the site can be ap�roved far the use of two driveways,but not three. As a condition of approval, the applicant has been reqtured to remove the e�sting driveway on SW Gaarde Stteet located between SW 11 Sth and 117th Avenues,replacing it with curb and sidewalk matching existing curb and sidewalk. FINDING: Access, egxess and circulation standards have not been met. CONDITIONS: The applicant's engineer shall then provide a final si ht distance certification to the engineermg department pxior to final acceptance of�e project. The applicant shall remove the e�sting driveway on SW Gaarde Street located between SW 115th and 117th Avenues, replacing it with curb and sidewalk matching existing curb and sidewalk. Environmental Performance Standards (,18.725�. These standards require that federal and state environmental laws, tules and regulations be appGed to development �vithin the Cit� of Tigard. Section 18.725.030 (Perforrnance Standards) regi�l•ates: Noise,visible emissions,vibration and odors. Noise. For the purposes of noise regulation, the provisions of Sections 7.41.130 through 7.40.210 of the Tigard Murucipal Code shall apply. Visible Emissions. Within the commercial zoning districts and the industrial park (IP) zoning district, there shall be no use, operation or activiry which results in a stack or other point- source emission, other than an emission from space heahng, or the emission of pure uncombined water (steam) which is visible from a property� line. Department of Environmental Quality (DEQ) rules for visible emissions (340-21-015 and 340-28-070) apply. Vibration. No vibration other than that caused by high�-ay vehicles, trains and aircraft is permitted in any given zoning district which is discernible without instruments at the property line of the use concerned. Odors. The emissions of odorous gases or other matter in such quantities as to be readily detectable at any point beyond the property line of the use creating the odors is prohibited. DEQ rules for odors (340-028-090) apply. Glare and heat. No direct or sky reflected glare, whether from floodli�hts or from high temperature processes such as combustion or welding, which is visible at the lot Lne shall be permitted, and; 1) there shall be no emission or uansmission of heat or heated air which is discernible at the lot line of the source; and 2) these regulations shall not apply to signs or floodli hts in parking areas or construcrion equipment at the time of construction or excavation work ot�erwise perm�tted by this title. Insects and rodents. All materials including wastes shall be stored and all grounds shall be maintained in a manner which��ill not attract or aid the propagation of insects or rodents or create a health hazard. The proposed use, cemetery, does not typically generate noise, visible emissions, vibrarions, odors, glare, heat, insects and rodents. It is the responsibility of the properry owner to comply with the standards and any violations will be enforced through the Ciry's Code Enforcement Program. St.Anthony Catholic Cemetery PAGE 12 OF 18 CUP2007-00005/VAR2008-00001 2/25/08 STr1FF REPORT TO THE HEARINGS OFFICER FI�IDII��G: For the purposes of this land use review,this criterion is mer Landsca�in� and Screening (1h.��+5) Street Trees (18J45.040): All development projects fronting on a public street, private street or a �rivate driveway more than 100 feet in len�th approved after the adoption of this tide shall be reqwred to plant street trees in accordance wi the standards in Section �8J45.040.C. The applicant has proposed four street trees along the site's frontage on S�X% Gaarde Street. Therefore, this cntenon �s met. Street tree planting list (18J45.040.B): Certain trees can severely dainage utilities, streets and sidewalks or can cause personal injury. Approval of any planting list shall be subject to review by the Director. The street tree plan in exhibit 7 of the application indicates the applicant will plant Callery Pear trees, a medium-stature tree on the Ciry of Tigard Street Tree list. Wlule Callery Pear is an approved tree the Ciry Arborist recorrunends that the applicant plant large stature trees as street trees because there �s su�ficient room for thesetype of trees to grow. Three possible choices are Oregon White Oak(Quercus garryana), Zelkova serrata, arid Northern Red Oak (Quercus rubra). Size and spacing of street trees (18J45.040.C): Street trees shall be spaced between 20 and 40 feet apart depending on the size classification of the tree at maturity(small,mediurn or large). The proposed trees w�ll be spaced 20 feet apart, meetin�g the spacing standard for medium-stature trees of no greater than 30 feet apart. Spacuig may be adjusted it the applicant chooses to plant a large-statiu-e tree. FINDING: Landscaping and Screening criteria are met. RECOMIVIENDATION: The applicant shall consider plantin large stature street trees, such as Oregon White Oak (Quercus garryana�, Zelkova serrata, and Northern Red Oak (Quercus rubra). Spac�ng may need to be adjusted if the applicant chooses to plant a large:stature tree. The applicant shall submit a revised street tree plan mdicatuig the change in tree type and any changes in spacing. Tree Removal (18.790� Tree_plan required. A tree plan for the planting, removal and protection of trees prepared by a certitied arborist shall be provided for any lot, parcel or combination of lots or parrels for which a development application tor a subdivision, partition, site development review, planned development or conditional use is filed. Protection is preferned over removal wherever possible. The applicant has provided a tree uiventory>by Kay Kinyon, a Certif ied Arborist. Plan Requirements. The tree plan shall include the following: Identification of the location, size and species of all e�usting trees including trees designated as significant by the city; The inventory identifies the location, size and species of all existing trees. 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 18J90.060D, in accordance with the folloanng standards and shall be exclusive of trees required by other development code provisions for landscaping,streets and parking lots: � Retention of less than 25% of existing trees over 12 inches in caliper requires a mitigation program in accordance with Section 18.790.060D of no net loss of trees; St. Anthony Catholic Cemetery PAGE 13 OF 18 CiJI'2007-00005/VAft2008-00001 2/25/G8 STAFF REPORTT01'f--�E HEARINGS OFFIC�R . Retention of from 2��' to 50% of existing trees over 12 inc1-�s in caliper requires tliat two- thirds of t��e trees tc removed be mitigated in accordan, �ith Section 18J90.060D; . Retention of from SU�/o to 75% of existing trees over 12 inches in caliper requires that 50 percent of the trees to be removed be mitigated in accordance with Section 18.790.060D; . Retention of 75% or greater of existing trees over 12 inches in caliper requires no mitigation. The applicant proposes to retain 100% of the existing trees. Therefore, no mitigation is required. Identification of all tmes which are proposed to be removed; The applicant does not propose to remove anytrees. A protection program defining standa�is and inethods that will be used by the applicant to protect trees during and afterconstruct�on. The applicant has not provided a protection program for the existin trees, all of which will be retained. While no construction �s proposed, the Ciry Arborist recommends t�at the applicant's arborist prepare a protection program that addresses tree protection both during fence installation and after the site becomes a cemetery�(i.e. where burials can occur and what type of landscaping is appropriate near e�cisting trees). Subsequent tree removal. Trees removed within the eriod of one year prior to a development applicat�on listed above will be im�entoried as part o�the tree plan above and will be replaced according to Section 18.790.060D. There is no evidence that trees were removed within a}�ear of this application. Subsequent removal of a tree. Any tree preserved or retained in accondance with this section may thereafter be removed only for the reasons set out in a tree plan in accordance with Section 18.790.030, or as a condition of ap roval for a conditional use, and s�iall not be subject to removal a under any other section of this c apter. The prope�rty owner shall record a deed restriction as a condition of approval of any develop ment perrnit a�fected by this section to the effect that such tree may be removed onl}- if the tree dies or is hazardous according to a certified arboris� The deed restnction ma}� be removed or will be considered invalid if a tree preserved in accordance with this section should either die or be removed as a hazardous tree. The form of this deed restriction shall be subject to approval by the Director. A deed restriction a�ill ensure that this standard is met. FINDING: The tree removal cnteria have not fully been met. C�NDI TT ONS: . The applicant/owner shall record a deed restriction to the effect that any e�stuig tree greater than 6" diameter may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid for any tree preserved �n accordance with this decision that either dies or is removed as a hazardous tree. . The applicant's arborist shall prepare a protection program that addresses tree protection both durin� fence uistallation and a}ter the site becomes a cemeten� (i.e., where burials can occur and what type of landscaping is appropnate near existing trees). Visual Clearance Areas �18 795� When provisions apply. The provisions of this chapter shall apply to all development including the construction of new structures, the remodeling of e�cisting structures and to a change of use which increases the on-site parking or loading requirements or which changes the access requirements. St.Anthony Catholic Cemetery PAGE 14 OF 18 CCJP2007-00005/VAR2008-00001 2/25/08 STAFF REPORT TO'IT--IE HEARINGS OFFIC�R T1ie proposed change of use fror*� residential to cemetery will require an P ' �ing access to be removed in order to meet the access spacing ldards. Visual Clearance Area standa. apply to the driveway on the proposed site. Arterial streets. On all designated arterial streets the visual clearance area shall not be less than 35 feet on each side of the intersection. The applicant has provided a drawing of a visual clearance trian�le in Exhibit 8 of the application. I Iowever, this draa�ng u on blank paper not to scale. In addition, the triangle shown is 30 feet on each side of the intersection and should be 35 �eet FINDING: Visual clearance area standards have not been met. CONDITTON: The applicant shall revise the site plan to show a visual clearance triangle for the proposed access, meeting the v�sual clearance standards for driveways on an arterial. Street And Utili Im rovernents 5tandards Cha ter 18.810 Cha�p ter 18.810 provides construction stan ards for the implementation of public and private faciiities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: Streets: Improvements: Section 18.810.030.A.1 states diat streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width�planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires an Arterial street to have a 76 foot right-of-way width and 48-foot paved section. Other improvements rec�uired may include on-street parking, sidewalks and bikeways, underground utilities, street lighting, sto�n drainage, and street trees. This site lies ad-l�acent to SW Gaarde Street, which is classified as an Arterial on the City of Tigard Transponation 1'lan Map. At present, there is appro�nately 20 feet of ROW from centerline accordin to the most recent ta�c assessor's map. The applicant should dedicate the additional ROW to provide 3� feet from centerline. SW Gaarde Street is currently partially improved. These recent improvements do not meet the current desig n standards for a three-lane artenal. In order to mitigate the impa_ct from this development, the appl�cant should enter into a future street improvenient agreement. This future street improvements agreement does not include street trees and the trees should be installed with this land use approval, prior to usuance of the Public Facility Improvement (PFI) permit. Access to Arterials and Major Collectors: Section 18.810.030:Q states diat where a development abuts or is traversed by an existing or proposed arterial or ma�or collector street, the development design shall provide adequate protectton for residential properties and shall separate residential access and through traffic, or if separation is not feasible, t7ie design shall minimize the traffic conflicts. The design shall include any of the following: • A parallel access street along the arterial or major collector, . Lots of suitable depth abutt�ng the arterial or major collector to provide adequate buffering with frontage along another street; • Screen plantin� at the rear or side property line to be contained in a non-access reservation along tFie artenal or ma'or collector, or • Okher treatment suitab�e to meet the ob'ectives of this subsection; . If a lot has access to two streets with di�erent classifications, primary access should be from the lower classification street. St.Anthony Catholic Cemetery PAGE 1 S OF 18 CiJP2007-00005/VAR2008-00001 2/25/08 STAFF REPORT TO THE HEARINGS OFFICER This development has acces� � 115th Avenue, a local street, and a pr� ��sed access to Gaarde S"treet, an Arterial street. The primary, ss should be from 115th Avenue suicc � the lower classification street. Sidewalks: Section 18.810.070.A reyuires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets. Private streets and industrial streets shall have sidewalks on at least one side. There are e�sting sidewalks along the frontage of SW Gaarde Street. The sidewalks do not meet the current standard, which requu-es that they be 8 foot ande and have a 5 foot planter strip between sidewalk and curb. The applicant shall enter uito a future street improvement agreement that will include sidewalk and planter stnp. The applicant shall remove the existin drivew�ay on SW Gaarde Street between SW 115th and 117th Avenues and replace it with curb and si�ewalk This shall be done prior to final acceptance of this project. Storm Drainage: General Pro�7sions: Section 18.S10.100.A requires developers to make adequate provisions for storrn water and flood water runoff. Accommodation of Upstreain Drainage: Section 18.810.100.0 states that a culvert or other drainage facility shall be lar�e enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The City Engineer shall approve dle necessary size of the facility, based on the provisions of Desi n and Construction Standards for Sanitary and Surface Water Management (as adopted by �ean Water Sen�ices in 2000 and including any futum re�risions or amendments). There are no upstream drainage a�ays that impact this development. Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an exist�n� drarna�e facility, the Director and Engineer shall withhold approval of the development until pro��is�ons have been made for improvement of the potential condition or until pro«s�ons have been made for storage of additional runoff caused by- the development in accordance with the Design and Construction Standards for Sanitan� and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). In 1997, C1ean Water Services (C�k'S) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a stormwater detention/effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25-year event. The Ciry will regu� ire that alI new developments resulting in an increase of impervious surfaces provide onsite detention faciIities, unless the development is located adjacent to Fanno Creek For those developments adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention. The applicant is not proposing construction of any new impervious surface area; therefore no stormwater detention�s required. Bikeways and Pedestrian Pathways: Bikeway Extension: Section 18.810.110.A states that develo ments ad'oining proposed bikeways identified on the City's adopted pedestrian/bikeway plan s�all inclu�e provYS�ons for the future extension of such bikeways through the dedication of easements or right-of-way. There are existing bike lanes on SW Gaarde Street,therefore this criterion is met. St.Anthony Gtholic Cemetery PAGE 16 OF 18 C[JP2007-00005/VAR2008-00001 2/25/08 STAFF REPORT TO'I�� HEARINGS OFFIC�R St�rrn Water Qualitti-• The City has agreed to enfoi �urface Water Management (SWI�. egulations established by Clean Water Services (CWS� Lesign and Construction Standards (adopted by Resolution and Order No. 00-7) a�hich require the construction of on-site water qual�ty fac�hties. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impen7ous surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. The applicant is not proposing to construct any new impervious surface area; therefore no water quality treatment�s required. C. IMPACT STUDY The impact study shall quantify the effect of the development on public facilities and services. The study shall address, at a minimum, the transportat�on systein, including bikeways, the draina�e 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 mmimize the impact of the deveIopment on the public at large, public facilities systerns, and affected private property users. Iri situations where the Community Develo�ment Code rec�uires the dedication of real property interests, the applicant shall either specitically concur with the dedication requirements, or provide evidence which suppotts the conclusion that the real propercy dedication requirement is not roughly proportional to the projected impacts of the developmen� The applicant has submitted an imp act study, which shows that there will be adequate facilities to serve the proposed cemetery, as indicated below: Sewer &Storm: No structures are proposed. The applicant will not be coru�ecting to the sewer or storm system. Because the site is mainly unpervious and the applicant will not be adding any unpervious surface, no stonn water provisions are necessary. Water: The applicant will not need a new water connection and has not proposed to connect the subject parcel to the water system. Parks: Impacts to the park system are not anticipated. The applicant would not be required to pay a parks systems development charge. Trans ortation: The proposed site is located on SW Gaarde Street, an arterial. The applicant has propose to provide the required 38 feet of ri ht-of-way from centerline. In addition, the applicant will pay a Washington County Traffic Impact Fee ('�IF). SECTION VII. OTHER STAFF COMMENTS The City of Tigard Police Department has reviewed the proposal and has no objections to it. The City of Tigard Engineering Department has reviewed the proposal. Findings are included in the Access, Egress and Cu-culation section and Street and Utility Improvements section of this decision. Reqwrements are included in the conditions of approval. Fu11 Comments are in the land use file. St. Anthony Catholic Cemetery PAGE 17 OF 18 C[JP2007-00005/VAR2008-00001 2/25/08 STAFF REPORT TO'IT-� HEqRINGS OFFIC�R SECTION VIII. AGE1`'�Y COMMENTS ` " Tualatin Valley Fire and Rescue (TVF&R) has reviewed the proposal and has no comments or concerns. Clean Water Services (CWS) has reviewed the proposal and confinns that connections to sanitary and storm lines are not re uu-ed for the project as proposed. CWS notes that any future development or anll have to comply with�S standards. Disturbance of more than 1-acre ot the cemetery site or public improvements u-i the right-of-way will require a NPDES 1200-C perniit and compliance with CWS standards. Per C�X�S, no sensitive lands are on or azthin 200 feet of the site. Full comments are in the land use file. � Februa 15 2008 PREP D BY: E� y " ATE s�stant anner 1 i � ��7 l�/��/��'�J" ' C L"�' ' .�� r Februa 15 2008 � RE WED BY: Richard H. Bewersdo /� ATE Planning Manager St.An�hony Catholic Cemetery PAGE 18 OF 18 CLJP2007-00005/VAR2008-00001 2/25/08 STAFF REPORT TO THE HEARINGS OFFIC�R -- ---- ---------- ---- ; •� 1� ,_,�� /� -- � /, �� , — ----_-- —_ --; , , � � � �� % �_ � ; � —_ / Q-� �/ I I � � '��' _ j� ' � ' - �' �—�� ,i ' �`� �---�--�- —,-- ' � ��`� �� i � VI CI N I T�' iVIAI' i �— ' % � l / � � / —� ` � --�-- ' � �-�---�-� ; ��\�� 1 � ,—� � � � ; � ; � ; , � I�� / //�— / �/---/ i��--I i I � __________ � � ! �F,i CUP2007-00005 ; d Z ! i / � � �� 11 � I i=' - - , � � ' � ' L_..� � - �_--j �I- --� ---------- � � , � �; � �- � � � , � ; � � ---------- ,�� `�1 � ' � ; ST. ANTHONY'S � , ;� __� ,-_-- � : � �`� ,� ; � ,' �y�� ;--I � CATHOLIC �N _ �' j CHURC�I � '!� wHi � � � � CEME7`ERY ; STLER'S LP w EXPANSION � � i � FAIRVIEW LN Q i H i � LE GEND: � R �- �- � VI � — suBJECr �, � sl� � w � � � � -.... __ ..I � ;`, ,� � I� VIE T � �` _ ' _ � `I y, I y� " , q, �: : � � „'r�_,, . . 4,'-- � ,..��r., .. : AARDE ST GAARDE - � / � = 1� __:E_�, .�,. � ,.��.-._.; :;_ - � �,�, - ^\�� Tigard Area Map �--� � w � w c� N Q I 0 70 140 210 280 350 Fee[ c~n RE T — �— N �_______ t"=286(eet / � I C I � ' ~ I � Informalion on this map�s for general location only and � � should be verified wdh the Developmenl Services Division. 13725 SW Hall Blvd � � Tigard,OR 97223 �� (503)639-4171 � _ ___ ___ __ __ J,. � hnp�llwviw.ci.tigard.or.us �mmunity Development Plot date Dec 26, 2007; C:lmaqiclMAGIC03 APR � — — •�_ �...�a''"`�' �"'�\ .. ��—a'--•�—•-- — — 166— — — � Y •�-�=, 1 I � � ��} /I 1 / I I � �. I �I"",� �� / � �' r I ` �^'^` R�h `Y 1 �''�� I � I �_• � � � ; �� lll _ .__ ___ _ � ;'''Y f � � � _�._....y�__...._ .._... .. `� ( �;.. � �� .� �� oo ;� �. � i 65,828 S.F. '�,,,� / I I - • _ ._.._ ; � _ _ _.__ ...... h/ i _ _ _ __ �� I i _ . _. _... , _ _._ ___... _____ ..__._.... � � / I � ` �I _.. __. __ �'� � � TREE INVENTORY LEGEND ,� I j � �",� oosrwc a+-s�rn¢ ��*"'� : '':,, � z �OG I ' ��` �� . � � ' � � }DOSi1NG OFF-91E TRFF - . ,t• � � � (�--� � . � �• ( SIREEf TREE(PEAR.CM1fA1� � ' �'J I 1 � ~�� J��/j RA°OSfD 4—FT fENCf ( } - @ �/ � �� ' I �'}M�� 1 I�"�i / � � ? �, � �� 4� � .��' �;,� , � ; , i o i `"`�- � �/ � I �� I � ' I �'� / w I � , � ��` �� I �� I • 1 I I — I I I j 166' j ��`"t ��—�- _'__'—'_— �� 4 { jh � ,� � � �r^. . . ' � / � � . -----T----=�.--•�•--•--•--•-�-•-�•--•---+�_ -315 �.,.� �„1-1 / � � '� �---------- --�-----�----�--- � -o- �, --�---------- � �� T�� ----------o-----�----- ------ --------- � ' •`\ ______ __' o '_ _�NORTI-__- '" N G///� � \1 I �!�%�� 1 .��i�L� i � �� 1�0�;� l��tt.� � PRELIM NARY PLAN � � � � � ; ■ planning��inc. S�ALE �� = 60' CONDITIONAL USE PERlV1/T ��`� ��e- Partnerships 8 Performance DATE.• 11-27-07 GAARDEST ZS103CD03400 15a.xL'i::.� 7100 SlY Flr LroP�SWIS I01 50J 6D41070 voroo�a,oa a�m 503 6K 107d Fu pROJECT• 07-1'AB-508 ST ANTHONY CHURCH �� planning �� . _inc. ]and use planning•site design __ _..._ ____ _ _._.__. _ . .__.__ _..___ _ �i6o SW Fir Loop,Suite 2oi Portland,Oregon 97zz3 Tel:So3-684-io2o Fax:503-684-io28 March 3, 2008 Emily Eng, Assistant Planner City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 RE: St.Anthony Catholic Church—CUP 2007-00005 Emily: Per the testimony at the St. Anthony Catholic Church Cemetery Expansion public hearing held on February 25, 2008, and subsequent coordination with City Staff, the applicant requests the final decision reflect the below changes in conditions of approval: • COA #3 should be revised to note any tree identified on the City's approved street tree list is acceptable for the purposes of planting street trees along the site's frontage. • COA #5 should be modified to delete any reference to "removal of driveway, construction of the curb and sidewalk". • COA#7 should be deleted in its entirety. • The application finds the below language to be acceptable as replacement language for COA#8: The applicant's engineer has submitted a Preliminary Sight Distance Certification for the existing east driveway on Gaarde Street. The sight distance is not met from the west,therefore,the applicant shall be allowed to keep the existing east driveway on Gaarde Street with restricted right in/right out movements only. This right in-right out movement shall be accomplished with proper signage and the construction of a raised pork chop style median. . The application finds the below language to be acceptable as replacement language for COA#9: The existing west driveway at Gaarde StreeU117"' Avenue can meet ihe sight distance requirements with some modifications to vegetation and fencing. This driveway can be used for full ingress/egress movements upon completion of the modifications required to meet sight distance. The applicanYs engineer shall provide a final sight distance certification upon completion of modifications to the vegetation and fencing. • COA# 10 should be revised to specifically identify Tax Lot 3400 (2S103CD) as conditioned to plant street trees. Abutting Tax Lot 3300 is excluded from this condition. 1 � • COA# 12 should be revised to specifically identify Tax Lot 3400 (2S103CD) as conditioned to dedicate right-of-way. Abutting Tax Lot 3300 is excluded from this condition. Sincerely, .. -...� �� "`- ______- ��_ _ .. � � Dan Jung �`-� „� _ ;�: Patty Lun�ford From: Emily Eng � Sent: Monday, March 03, 2008 4:22 PM To: 'Joe Turner' Cc: 'Dan Jung'; AI Tabayoyon; Ken Sandblast; Dick Bewersdorff; Kim McMillan; Patty Lunsford Subject: RE: St. Anthony's Cemetery Attachments: Cemetary Access Revised.doc; Supplemental Memo-03-03-08.pdf ;oN: ��;tach�� a+�e the revised conditions for the St. Anthony Cemetery CUP final order and a supp{emental memo from the applicai�t fe close the recard The appl�cant has agreed upon the conditions. f�you need anything else, pfease !et n�e know. � � , _F�,�ily �` �r��ilY �� - ---- - - - ” ;-1ssis"ant Planner �ity of Tigard 131Z5 :�1,N H241 61vd -�"i�ard, OR 9?223 •',� 1�. {.�1.•J� J�rJ'1.1�< 'f ..� . � �. • : /GIU www.ti�a rd-or.�ov a � � ; ;. � : � :� a � �� -�-� . � � �,,..'sn:�' � .i�..� .. y y, ,t The applicant's engineer has submitted a Preliminary Sight Distance Certification for the existing east driveway on Gaarde Street. The sight distance is not met from the west, therefore, the applicant shall be allowed to keep the existing east driveway on Gaarde Street with restricted right in/right out movements only. This right in-right out movement shall be accomplished with proper signage and the construction of a raised pork chop style median. The existing west driveway at Gaarde Street/117`� Avenue can meet the sight distance requirements with some modifications to vegetation and fencing. This driveway can be used for full ingress/egress movements upon completion of the modifications required to meet sight distance. The applicant's engineer shall provide a final sight distance certification upon completion of modifications to the vegetation and fencing. Emily Eng From: Dan Jung [danj@prilanduse.comJ Sent: Monday, March 03, 2008 3:35 PM To: Emily Eng Cc: AI Tabayoyon; Ken Sandblast; Dick Bewersdorff; Kim McMillan Subject: RE: St. Anthony's Cemetery Attachments: Supplemental Memo -03-03-08.pdf Emily, The revised condition language is acceptable. Attached is a memo outlining all of the Cemetery Board's raised concerns. Please review and let me know if you have any questions. Thanks, Dan Jung Planning Resources, Inc. 7160 SW Fir Loop, Ste#201 Portland, OR 97223 503.684.1020 503.684.1028 (fax) From: Emily Eng [mailto:Emily@tigard-or.gov] Sent: Monday, March 03, 2008 10:59 AM To: Dan Jung Cc: 'al@tabayoyon.net' Subject: FW: St. Anthony's Cemetery Da n, Attached are the revised conditions. Please let me know if St. Anthony's will agree to these. -Emily ------------------------------- Emily Eng Assistant Planner City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 P: (503) 718-2712 F: (503) 718-2748 www.ti�ard-or.�ov From: Kim McMillan Sent: Monday, March 03, 2008 9:31 AM To: Emily Eng Cc: Dick BewersdorFf Subject: St. Anthony's Cemetery I revised these conditions based on the Sight distance certification submitted. 1 Kim ' Kim McMillan Development Review Engineer 503-718-2642 Fax 503-624-0752 z ST. ANTH4NY CATHOLIC CEMETERY PREL/MlNARY SlGHT DISTANCE CERTlFlCATION February 27, 2007 City of Tigard CD - Development Engineering 13125 SW Hall Blvd., Tigard, OR 97223 503•639-4171 Fax 503-624-0752 htto./lwww tiqard-or.qov Attn: Kim McMillan RE: St. Anthony Catholic Cemetery— Preliminary Sight Distance Certification (East Driveway) The access point for this project is Iacated approximately 225 feet west of SW 115`" Ave.on the north side of SW Gaarde St. The speed limit along SW Gaarde St is 35 M.P.H.. thus requiring 350 feet of sight distance in both directi�ns, in accord with Tigard Development Code Section 18.705.030.H.1. As required by Code Sections 18.705.030.H.1, sight distance from the access point onto SW Gaarde St. is measured to be 350 feet to the east and 325 feet to the west of the access point. The Code Section requires that measurements be based on an eye height of 3.5 feet and an object height of 4.25 feet above the road; and be assumed to be 10 feet from the fog line to the front of a stopped vehicle, (actual measurement is taken 15 feet from pavement edge). In conclusion, I hereby ceRify that the intersection sight distance at the existing access point to SW Gaarde St, for St. Anthony Catholic Cemetery will conform to the requirements for sight distance as set forth in the Tigard Development Code in the east direction only. ��p PRpFFs C� �aGtN��'P�iO a 70 PE , � f; --- J � � �'P.q�`°� 1 t ?��1��t,4 t�, S p,�- FYP�RES� Z � Bradley S. Albert, P.E. #70.695 i I Depending on the number of people wishing to testify, the Tigard Hearing's Officer may limit the �� amount of time each person has to speak. We ask you to limit your oral comments to 3 - 5 minutes. The Hearing's Officer may further limit time if necessary. Written comments are always appreciated � by the Hearing's Officer to supplement oral testimony. AGENDA ITEM NO.: 2.1 DATE: FEBRUARY 25, 2008 PAGE 1 OF t �' FILE NAME: T ANTH NY' ATH L ' S . O S C O IC CHURCH CEMETERY EXPANSION ; CASE NOS.: CONDITIONAL USE PERMIT (CUP) 2007-00005 ; �� ADJUSTMENT (VAR) 2008-00001 � � IF YOU WISH TO TESTIFY ON THE ITEM INDICATED ABOVE, ' PLEASE PRINT YOUR NAME, ADDRESS & INCLUDE YOUR ZIP CODE � PROPONENT OF APPLICATION OPPONENT OF APPLICATION -(Spealcing In Favor or Neutral)- -(Speaking Against)- �I Name,Address,Zip Code and Phone No. Name,Address,Zip Code and Phone No. � -�-t '1 ctibC �(��t�:i-'L I '�I � ,��.�,� 7 yw/ �I��b�.� �t` - �- - � 1 iC} .�i.` CtiiZ <-jy22-�� tt'-� -�-�t z.,- /�l'r- 'f — — — — —(— — — — — Name,Addtess,Zip Code and Phone No. � Name,Address,Zip Code and Phone No. J .-��`r ��` ��. ->'�(_J 7� � ( I /��^�:'c� SG�/ �G,.�'_� �.J f ` - =��- - - - - �� .,,,.�� .;� r- ! ;w� -/±.,� t) ��e., �, o✓�� ? �`` . C7✓�' - Name,Address,Zip Code and Phone No. I Name,Address,Zip Code and Phone No. II 1 �� . �,� �b Gl,�k� � r'��cz� °��L-�{ (�63� �33�� I Nam , ddress,Zip Code and Phone No. I Name,Address,Zip Code and Phone No. ' J ��r,�v S�wd��.s�- , I 7/6U 5�'v �'�r Lcx� �u� I I _ � �� '� ��23 - — - - - — - - - — - - - - - — � — —�— — — — — Name,Address,Zip Code and Phone No. Name,Address,"Lip Code and Phone No. I 1 i I i Name,Address,Zip Code and Phone No. � Name,Address,Zip Code and Phone No. I I I � 1 ' � — � — � — � — — — � — � — �I— � — � — � — � — — — � — � — � � �� City of Tigard � Hearings Of f icer — Agenda MEETING DATE: February 25, 2008, 7:00 p.m. MEETING LOC:ATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 STAFF REPORTS: Available to the public 7 days prior to the hearing date Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Hearings Officer meetings bynoon on the Fridayprior to the meeting. Please call 503-639-4171,e�.2438 (voice) or 503-684-2772 (TDD- Telecommurucations Devices for the Dea�. Upon request,the City will also endeavor to arrange for qualified sign language interpreters for persons with speech or hearing impairments;and qualified bilingual interpreters. Since these services must be scheduled with ouuide service providers,it is important to allow as much lead time as possible. To request such services,please notify the City of Tigard of your need(s) by 5:00 p.m no less than one (1) week prior to the meeting date at the same phone numbers listed above so that we can rnake the appropriate arrangements. 1. CALL TO ORDER 2. PUBLIC HEARING 2.1 ST. ANTHONY CATHOLIC CHURCH CEMETARY EXI'ANSION CONDI'ITONAL LJSE PERMIT(CUP) 2007-00005 ADJLJSTMENT(VAR) 2008-00001 PROPOSAL: The applicant is requesting a conditional use pernut to convert a 1.51-acre property from single-family residential use to cemetery use. The subject property is a vacant lot of record that once served the single-family home on the property to the west. The e�sting cemetery is unmediately east of the subject lot. The applicant does not propose any buildings, removal of any trees or installation of signs. St. Anthon�s Catholic Cemetery is proposulg that the subject lot be used for religious burial of human remains so that it may continue to offer the service. The proposed use is a conditional use in the R 4.5 zone, requiring a public hearing. The applicant has also requested approval for an Adjustment to the miniinum spacing standard of driveways and streets along an artenal because the proposed driveway does not meet the 600-foot spacing standard. There is a street intersection (SW 117`}'Avenue) directly across from the proposed driveway. LOCATTON: North side of SW Gaarde Street between SW 115`'' Ave and SW 118`'' Ave, neighboring and west of the existing cemetery at 11585 SW Gaarde Street; Washington County Tax Map 2S103CD, Tax Lot 3400. ZONE: R-4.5: Low Density Residential. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minunum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also pemutted conditionally. APPLICABLE REVIEW CftITERIA: C:ommunity Development Code Chapters 18.330, 18360, 18.370, 18390, 18.510, 18.705, 18.725, 18.745, 18.755, 18.765, 18.780, 18.790, 18.795 and 18.810. 3. OTHER BUSINESS 4. ADJOURNMENT HEARINGS OFFICER AGENDA— FEBRUARY 25, 2008 City of Tigard � 13125 SW Hall Bh-d., Tigard,OR 97223 � 503-639-4171 � a��.tigard-or.gov � Page 1 of 1 Agenda 1. .. 2.1 Hearin Date: 2.25.2008 Timc: �':ili7 P'�1 STAFF REPORT TO THE ., HEARING'S OFFICER -• FOR THE CITY OF TIGARD, OREGON Y = 5 7 2008 SECTION I. APPLICATION SUMMARY FILE NAME: ST. ANTHONY CATHOLIC CEMETERY CASE NOS: Conditional Use Permit (CUP) CUP2007-00005 Adjustment (VAR) VAR2008-00001 APPLICANT: St. Anthony's Catholic Cemetery OWNER: Roman Catholic Archbishop of Attn: A1 Tabayoyon Pordand in Oregon, and 9905 SW McItenzie Street Successors, a Corporate Sole Tigard, OR 97223 2838 E Burnside Ave Pordand, OR 97214 APPLICANT'S Planning Resources, Inc. REP: Atm: Dan Jung 7160 SW Fir Loop,Suite 201 Pordand,OR 97223 PROPOSAL: The applicant is requesting a condirional use permit to convert a 1.51-acre properry from smgle-family residential use to cemetery use. The subject property is a vacant lot of record that once served the single-family home on the property to the west. The existing cemetery is i.mtneciiately east of the subject lot. The apphcant does not propose any buildings, removal of any trees or installation of signs. St. Anthony's Catholic Cemetery is proposing that the subject lot be used for religious burial of human remains so that it may continue to offer the service. In addition, the applicant requests approval for an adjustment to the access spacing standard for an arterial from 600 feet to 417 feet. LOCATION: No site address;Washington Counry Tax Map 2S103CD,Tax Lot 3400. The subject parcel is located on the north side of SW' Gaarde Street between SW 115th Avenue and SW 118th Avenue, neighboring and ��est of the e�sting cemetery at 11585 SW Gaarde Street. ZONING: R-4.5: Low Density Residenrial. The R-4.5 zoning ciistrict is designed to accommodate detached single-family homes with or without accessory residenrial units at a minimum lot size of 7,500 square feet. Duplexes, attached smgle-family units, some civic and insritutional uses, as well as cemeteries are permitted condirionally. APPLICABLE REVIEW CRITERIA: Community Dcvelopmcnt Code Chapters: 18.330, 18.360, 18.370, 18.390, 18.510, 18.705, 18.725, 18.745, 18.790, 18.795, and 18.810. SECTION II. STAFF RECOMMENDATION Staff recommends that the Hearings Officer find that the proposed Conditional Use Permit will not adversely affect the health, safety and welfare of the Ciry and meets the Approval Standards for a Conditional Use. Therefore, Staff recommends APPROVAL, subject to the following recommended Conditions of A roval: St.�lnthonv Catholic Cemetery PAGE 1 OF 18 CUP2007-00005/VAR2008-00001 2/25/08 ST�1FF REPORT TO THE HEARINGS OFFICER . � CONDITIONS OF APPROVA THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF THE PUBLIC FACILITY IMPROVEMENT (PFI) PERMIT: Submit the following to the City Arborist (Todd Prager, (503) 718-2700) for review and approval, and include a cover letter indicating where in the submittal the condition has been satisfied: 1. Prior to receiving a PFI Permit, the applicant�owner shall Tecord a deed restriction to the effect that any existing tree greater than 6" diameter may be removed only if the tree ciies or is hazardous accorduig to a certified arborist. The deed restriction may be removed or will be considered invalid for any tree preserved in accordance with this decision that either dies or is removed as a hazardous tree. 2. Prior to receiving a PFI Permit, the applicant's arborist shall prepare a protection program that addresses tree protection both during fence installation and after the site becomes a cemetery (i.e., where burials can occur and what type of landscaping is appropriate near existing trees). 3. RECOMMENDA'I'ION: Prior to receiving a PFI Permit, the applicant shall consider planting large stature street trees, such as Oregon Wlvte Oak (Quercus garry ana), 7elkova serrata, and Northem Red Oak (Quercus rubra). Spacing may need to be adjusted if the applicant chooses to plant a large-stature tree. The applicant shall subrrut a revised street tree plan indicating the chan�e ul tree type and any changes in spacing. Submit to the Current Planning Division (Emily Eng, (503) 718-2712) for review and approval: 4. Prior to receiving a PFI Permit, the applicant shall revise the site plan to show a visual clearance trian�le for the proposed access, meeting the visual clearance standards for drivewavs on an arterial. Submit the following to the Engineering Department (Kim McMillan, (503) 718-2642) for revievv and approval, and include a cover letter indicating where in the submittal the condition has been satisfied: 5. A Public Facility Improvement (PFI) permit is required for this pro ect to cover removal of the drivewa , construction of tlie curb and sidewalk and any other wor� in the public right-of-way. Three �3) sets of detailed public improvement plans shall be submitted for review to the Engineerin� Department. NOTE: these plans are in additi�n to any drawings reyuired by the Building Division and should only include sheets relevant to public unprovements. Public Faciliry Improvement (PFI) permit plans shall conform to City of Tigard Public Improvement Design Standards,which are available at City Hall and the City's web page (www.tigard-or.gov). 6. 7'he PFI �ermit plan submittal shall include the exact legal name, address and telephone number of the individual or corporate entity who will be designated as the "Permittee", and who will provide the financial assurance for the public impxovements. For example, specify if the ent�ty is a corporauon, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the F,ngineering Department wiIl delay processing of project documents. 7. Tax Lot 2S103CD03300 shall not be permitted to access direcdy onto SW Gaarde Street. 8. The applicant shall submit lans to remove the driveway on Tax Lot 2S103CD033U0 (between SW 115th and 117th Avenues� and replace it with curb and sidewalk to match e�sting curb and sidewalk. 9. The applicant shall remove a portion of the wrought iron fence to the east of the driveway on SW Gaarde/SW 117th Avenue. The applicant shall remove a portion of the wood split rail fence to the west of this same driveway. Thts shall be done in order to obtaui adequate sight distance from this driveway,in accordance with the engineer's preliininary sight distance certification. 10. The applicant shall install street trees that meet the size and spacing standards of the TDC. St.rinthony Catholic Cemetery PAGE 2 OF 18 CUP2007-00005/VAR2008-00001 2/25/08 ST.1FF REPORT TO THE HEARINGS OFFICER THE FOLl AING CONDITIONS SHALL BE . _fISFIED PRIOR TO FINAL PROJECT ACCEPTANCE: Submit the following to the Engineering Departrnent (Kim McMillan, (503) 718-2G42) for review and approval, and include a cover letter indicating where in the submittal the condition has been satisfied: 11. The applicant shall complete any work in the public right-of way and obtain approval from the Engineering Department. 12. Addirional right-of-way shall be dedicated to the Public along the frontage of SW Gaarde Street to increase the right-of-way to 38 feet from the centerline. The descript�on shall be tied to the e�cistin right-of-way centerline. The dedication document shall be on City forms. Instrucuons are availab�e from the Engineering Department. 13. The applicant shall execute a Restrictive Covenant�vhereby they agree to complete or parucipate in the future improvements of SW Gaarde Street adjacent to thc subject property, when any of the follo�ving events occur: A. when the improvements are part of a larger project to be financed or paid far by the formarion of a Local Improvement District, I3. �vhen the improvements are part of a larger project to be financed or paid for in whole or in part by the Ciry or other pubhc agency, C. when the improvements are part of a larger project to be constructed by a third party and involves the sharing �f design and/or construcrion expenses by the third party owner(s) of property in addirion to the subject property,or D. when construction of the unprovements is deemed to be appropriate by the City Engineer in conjuncrion with construcrion of improvements by others adjacent to the subject site. 14. 'I'he applicant's engineer shall provide a fmal sight distance certification after the appropriate fencing has been removed. THIS APPROVAL MUST BE IMPLEMENTED WITHIN 18 MONTHS FROM THE EFFECTIVE DATE OF THE HEARINGS OFFICER'S REPORT. SECTION III. BACKGROUND INFORMATION Pro�osal: The applicant is requesting approval for a condirional use pernut to convert a 1.51-acre property from single- family residenrial use to cemetery use. The subject property is a vacant lot of record that once served the single-family home on the property to tlle west. The e�cisting cemetery is unmediately east of the subject lot. The applicant does not propose any buildings, removal of any trees or installarion of signs. St. Anthony's Catholic Church is proposing that the subject lot be used for religious burial of human remains so that it may continue to offer the service. In addirion, the applicant requests approval for an adjustment to the access spacing standard for driveways on an arterial from 600 feet to 417 feet. The adjustment is for an e�sting driveway. Another existing driveway,which does not meet the spacing standard,will be removed. Site and Vicinity Information: The proposed site is a vacant lot of record that served the single-family home on the lot direcdy west of it. The e�sung cemetery is direcdy east of the proposed site. The surrounding area is single-family residential and mosdy zoned R-4.5. SW Pacific Highway is about 0.37 mile away. Tigard Assembly of God ��vith Gaarde Christian School) and Tigard First Bapt�st Church are located a block away. The proposed site is covered with grass that has been regulaxly mowed and slopes down less than 10°io to the north. Site Historv: The St. Anthony Catholic Cemetery has been in use since 1890. The proposed site for the expansion has been used for smgle-family residential purposes. There have been no previous land use decistons for the existing cemetery or the proposed site. St.Anthony Catholic Cemetery PAGE 3 OF 18 CUP2007-00005/VAR2008-00001 2/25/08 STAFF REPORT TO THE HEARINGS OFFICER Concerns Raised b Nei hbo� The applicant hel a neighborhood meeting on July 19, 2007. Three neighbors attended. Two of the nei hbors had questions regarciing the fence. The applicant indicates that no other questions �vere raised an� that neighbors in the surrounding area did not have objections to the cemetery when they were previously contacted about the expansion. SECTION IV. REPORT MAKING PROCEDURES�PERMITS AND USE Use Classification Chapter 18.130 lists the Use Categories. Cemeteries are listed in the "Other Use Typ es" category. Cemeteries are described as "facilities for storing human remains. Accessory uses may include chapels, mortuaries, offices, maintenance facilities and paxking." Summary of Land Use Permits and Decision-making Procedures Section 18.330.020.A states that a request for approval for a new conditional use shall be processed as a Type III-HO procedure, as regulated by Chapter 18.390.050, using approval criteria contained in Secrion 18.330.030A and subject to other requirements in this chapter. Type III-HO procedures apply to quasi- judicial permits and actions that predominantly contain discretionary approval criteria. Type III-HO actions are decided by the Hearings Officer�vith appeals being heard by the City Council. The applicant is also requesting an adjustment to the access spacing standard for driveways on an arterial, which is processed as a 7'ype II procedure. Staff has recommended a decision to be considered by the Hearings Officer. SECTION V. SUMMARY OF APPLICABLE CRITERIA Staff has revie�ved the proposal for consistency with the following code secrions. Secrion is in Secrion VI of this report. A. Zoning Districts 18.510 - Residential Zoning Districts B. Applicable Development Code Standards 18.330 - Conditional Use 18.360 - Site Development Review 18.370 - Variances and Adjustments 18.705 - Access Egress and Circulation 18.725 - Environmental Performance Standards 18.745 - Landscaping and Screening 18.790 -Tree Removal 18.795 - Visual Clearance 18.810 - Street and Utiliry Improvement Standards C. Impact Study 1$.390 SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS A. ZONING DISTRICTS Residential Zoning Districts (Chapter 18.510) Lists the description of the residential Zoning District. The proposed site is in an R-4.5 zone. The pxoposed use (cemetery) is permitted conditionally in the R-4.5 zone. St.Anthony Catholic Cemetery PAGE 4 OF 18 CUP2007-00005/VAR2008-00001 2/25/08 ST�FF REPORT TO THE HEARINGS OFFICER B. APPLICABLE DEVE_ ?MENT CODE STANDARDS Conditional Use (Chapter 18.330� Purpose. The purpose of this chapter is to provide standards and procedures under which a conditional use may be permitted, enlarged or altered if the site is appropriate and if other appropriate conditions of approval can be met. There are certain uses which due to the nature of the impacts on surrounding land uses and public facilities require a case-by-case review and section. The applicant requests approval of a ne�v conditional use for the proposed site. The site is a single-family residential lot and the applicant is requesting a change of use to cemetery use. Approval Standards for a Conditional Use. The Hearings Officer shall approve, ap�rove with conditions, or deny an application for a conditional use or to enlarge or alter a conditional use based on finding� c�f fact with respect t� each of the following criteria: The site size and dimensions provide adequate area for the needs of the proposed use; The minimum lot size for cemeteries is 5 acres. Thc proposed lot for the change of use is 1.51 acres. With the existuig cemetery lot (3.57 acres), the entire cemetery site will be 5.U8 acres. '1'he site will still be comprised of two separate lots and the applicant has indicated they do not want to combine them. Considerin�the difficulry of redeveloping cemeteries, a site size of 5.08 acres would be adequate to comply with the mm,mum lot s�ze. This critenon is met. The impacts of the proposed use of the site can be accommodated considering size, shape, location, topography and natural features; The proposed site is 1.51 acres (65,775 square feet), which is large in relation to tYpical residential lots in the R-4.5 zone, which rcquires a minimum lot sire of 7,500 square feet. The site is relatively flat, sloping down less than 10% to the north. There are 12 trees on site. The proposed site is located on SW Gaarde Street, an arterial. The impacts of the proposed use can be accommodated considering size, shape, location, topography and natural features. The main activity on the site will be burials and funeral gatherings. Operating hours will be 8 am to dusk. The e�sting cemetery is divided into four quadrants. The proposed site w�ll provide enough land for two c�uadrants and will be used for graves only. Because the site is an expansion of the existuig cemetery, it will not need any new sanitary, storm drainage or water connections. IIowever, the applicant will be required to provide an onsite water quality facility. The applicant proposes to retain all e�stmg trees. The proposed site �vill be accessible through the e�ustuig driveway on SW Gaarde Street or through the existing cemetery's access on SW 115`h Avenue. This ctiteYion is met. All required public facilities have adequate capacity to serve the proposal; and The proposed use does not require any new connecrions to sanitary, storm drainage or water. 'I'herefore, it will not affect the capaciry of these public facilities. Concerning streets, no new streets or driveways are necessary. The proposed site is located on SW Gaarde Street, an arterial, and will be accessed using an exisnng driveway on SW Gaarde Street or the e:cisting cemetery's access on SW 115`h Avenue. In fact, the existing driveway on SW Gaarde Street bet�veen SW 115th Avenue and SW 117�' Avenue will be removed, bringing access spacing closer to the standard. This criterion is met. St.Anthony Catholic Cemetery PAGE 5 OF l S CUP2007-00005/Vr1R2008-00001 2/25/08 STr1FF REPORT TO THE HL,:�RINGS OFFICER The applicable requiremer. .�f the zoning district are met excep. modified by this chapter. The proposed site meets and exceeds the ininimum dimensional requirements of the R-4.5 zone, as sho�vn below: Figure 1. A�licable Dimensional Standards Required Required for Stated/Showa in Dimensional Standard in R-4.5 Cemete Use Pro osal I�r��rit sctback N�� Graves �15 ft. 15 ft. Structures 25 ft. Not ro osed Side setback NA Graves 15 ft. 15 ft. Structures 25 ft. Not ro osed Rear setback NA Graves 15 ft. 15 ft. Structures 25 ft. Not ro osed NA 5 acres 5 acres v�nth Minimum lot size e�cistin cemete 50 ft. Same as zone 166 ft., 557 ft.with Avera e minimum lot width existin cemete Maximum buildin hei ht 30 ft. Same as zone Not ro osed The applicable requirements of 18.330.050 are met; and Section 18.330.050 lists setback, lot size, and fencing requirements for cemeteries. In addition, the section specifies that there are no parking requirements for cemeteries. As shown in the figure above, setback and lot size requirements are met. Concerning fencing, the code requires that a fence of at least four feet in height located at least 2 '/a feet from any right-of-way shall completely surround the area and shall meet visual clearance area standards. The applicant indicates that a fence meeting this standard will be provided along the western and southern boundary of the proposed lot. The applicant's plans show a 4 foot high fence, 2 '/2 feet from the ROW, completely around the proposed site where it abuts right-of-way and other private property. 'I'herefore, this cnterion is met. The supplementary requirements set forth in other chapters of this Code including but not limited to Chapter 18.780, Signs, and Chapter 18.360, Site Development Review, if applicable, are met. The applicable review criteria in this case include the following chapters of the Community Development Code: 18.330, Conditional Use; 18.360, Site Development Review; 18.390, Decision-Makuig Procedures; 18.370, Variances and Adjusttnents; 18.510, Resielential Lonuig Districts, 18.705, Access, �gress and Circulauon; 18.725, Environmental Performance Standards; 18.745, Landscaping and Screening; 18.790, Tree Removal; 18.795,Visual Clearance Areas; and 18.810 Street and Utility Improvements Standards. All other code chapters are inapplicable as approval standards. All applicable requirements of the code are met. FINDING: The conditional use criteria have been met. Conditions of Approval for a Conditional Use. The Hearings Authority may impose conditions on the approval of a conditional use, which are found necessary to ensure the use is compatible with other uses in the viciniry, and that the impact of the proposed use on the surrounding uses and public facilities is minimized. These conditions may include, but are not limited to the following: St.Anthony Catholic Cemetery P,�GE G OF 18 CUP2007-00005/VAR2008-00001 2/25/08 STr1FF REPORT TO THE HEr1RINGS OFFICER Limiting the hours, days, pla .nd/or manner of operation; Oj�erar.ing hc�urs will be f� am t� dusk. Staff does n�t rec�mmend a change tc� rhe hours �f��erati�n. Requiring design features which minimize environmental impacts such as noise, vibration, air pollution, glare, odor and/or dust; No recommendations. Requiring additional setback areas, lot area, and/or lot depth or width; No recotnmendations. Limiting the building height, size or lot coverage, and/or location on the site; No recnmmendations. Designating the size, number, location and/or design of vehicle access points; There are two exisring ciriveways on SW Gaarde Street that do not meet the 600-foot spacing standard for driveways on an arterial. The applicant has applied for an adjustment to the e�st�ng driveway direcdy across from SW 117`h Avenue. As addressed in Variances and Adjustments, staff recommends that the Hearings Officer require the applicant to close the existing driveway between SW 117`h Avenue and SW 115`" Avenue. Requiring street right-of-way to be dedicated and street(s) to be improved; As addressed in Streets and Utility Improvements, staff recommends that the Hearings Officer require the applicant to dedicate 2988 feet of property along tl�e proposed site's frontage for public right-of-way (ROV�, so that the current standard for SW Gaarde Street (38 feet from centerline) is met. Requiring landscaping, screening, drainage and/or surfacing of parking and loading areas; No recommendations. Limiting the number, size, location, height and/or lighting of signs; No signs are proposed; therefore, staff has nu recummendations. Limiting or setting standards for the location and/or intensity of outdoor lighting; The applicant does not propose outdoor lighting; therefore, staff has no recommendations. Requiring berms, screening or landscaping and the establishment of standards for their installation and maintenance; No rccommcndations. Requiring and designating the size, height, location and/or materials for fences; SpeciEcations for the fence are already addressed by the Conditional Use development standards for cemeteries. Staff has no recommendations for additional condiuons of approval regarding the fence. Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas and/or drainage areas; As addressed in Tree Removal, staff recommends a deed restriction to protect all existing trees on site. Requiring the dedication of sufficient open land area for a greenway adjoining and within the tloodplain when land forrn alterations and development are allowed within the 100-year floodplain; and St.Anthony Catholic Cemetery P:'�GF 7 OF 18 CUP2007-00005/V�R2008-00001 2/25/08 ST�1FF REPORT TO THE HEARINGS OFFICER 'I'he proposed site is about a .e aw�ay from the nearest floodplain. ; highest elevation of the nearest floodplain is 160 feet. The lowest elevation of the proposed site is 290 feet. "I'herefoxe, a condition to this effect u�ould not be a}�plicable. Requiring the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. The proposed site is not within a floodplain. Therefore, a cotidition to this effect would not be applicable. Site Development Review (Chapter 18.360) At�nlicability and exemptions. Site development review shall be applicable to all new developments and major modification of existing developments, except it shall not apply to 18.360.020.A.1 through 10. The proposed change of use is considered new development that is a conditional use and site development review criteria,where applicable, shall apply. Relationship to the natural and physical environment: Buildings shall be: (1) Located to preserve existing trees, topography and natural drainage where possible based upon existing site conditions; (2) Located in areas not subject to ground slumping or sliding; (3) Located to provide adequate distance between adjoining buildings for adequate light, air circulation, and fire-�ghting; and (4) Oriented with consideration for sun and wind. No buildings are being proposed. Therefore, this criterion does not apply. Trees shall be preserved to the extent possible. Replacement of trees is subject to the requirements of Chapter 18.790, Tree Removal. 7'he applicant proposes to retain all trees. Therefore, this criterion is met. Buffering, screening and compatibiliry between adjoining uses: The huffer table, 18.745.1, does not indicate that buffering is necessary. Chapter 18.330 (Conditional Uses) already requires fencing and setbacks specific to cemetery use. Demarcation of public, semi-public and private spaces for crime prevention: The structures and site improvements shall be desi�ned so that public areas such as streets or public gathering places, semi-public areas and private outdoor areas are clearly defined to establish persons having a ri�ht to be in the space, to provide for crime prevention and to establish maintenance responsibility; and The e�sting site has been designed to provide for crime prevention, as described in the response to 18.360.090.A.9.b below. These areas may be defined by, but not limited to: (1) A deck, patio, low wall, hedge, or draping vine; (2) A trellis or arbor; (3) A change in elevation or grade; (4) A change in the texture of the path material; (5) Sign; or (6) Landscaping. The cemetery� will be distinguished from the public side�valk by its grass surface and required fence. Therefore, this criterion is met. Crime prevention and safety: Windows shall be located so that areas vulnerable to crime can be surveyed by the occupants; b. Interior laundry and service areas shall be located in a way that they can be observed by others; c. Mail boxes shall be located in lighted areas having vehicular or pedestrian traffic; d. The exterior lightin levels shall be selected and the angles shall be oriented towards areas vulnerable to crime; and e.�ight fixtures shall be provided in areas having heavy pedestrian or vehicular traffic and in potentially dangerous areas such as parking lots, stairs, ramps and abrupt grade chan es. Fixtures shall be placed at a height so that light patterns overlap at a height of seven feet whic� is sufficient to illuminate a person. St.rinthony Catholic Cemetery Pr1GE 8 OF 1S CUP2007-00005/VAR2008-00001 2/25/08 STAFF REPORT TO THE HEARINGS OFFICER No lightin� within the cemeterv is bein� proposed an�l the City Police Departrnent has no concecns regarding hghting. Therefore, this criterion does not appl,y. Public Transit. Provisions within the �lan shall be included for providing for transit if the development proposal is adjacent to or within 500 feet of existing or proposed transit route. "I'he proposed site is about 2,000 feet away from an existing bus line. Therefore, this criterion does not apply. Landscaping: A minimum of 15 percent of the gross site area shall be landscaped. The entire site (100%) is landscaped. TheYefoYe, this criterion is met. Drainage: All drainage plans shall be designed in accordance with the criteria in the adopted 1981 master drainage plan; The applicant is not proposing construction of any new impervious surface area. The cemetery site is mainly grass. Therefore, no storm water detention is required. Provision for the disabled: All facilities for the disabled shall be designed in accordance with the requirements set forth in ORS Chapter 447; and Provisions for the disabled are xequired for required walkways within commercial, institutional, industrial and multi-family residential sites (Chapter 18.705) as well as for parking lots (Chapter 18.765). The proposed use, cemetery, is in the "Other Uses" classificauon. In adciition, Chapter 18.330 (Conditional Uses) specifies that off-street parking and loading requirements do not apply for cemeteries. Therefore, die proposed cemetery would not bc required to provide for the disabled. All of the provisions and regulations of the underlying zone shall apply unless modified by other sections or this title, e.g., Planned Developments, Chapter 18.350; or a variance or adjustment granted under Chapter 18.370. (Ord. 02-33) Staff has reviewed this proposal using all applicable provisions of the underlying zone and other sections of this tide. FINDING: 'I'he site development review criteria have been met. Variances and Adjustments (Chapter 18.370� The applicant requests an adjustment to the access spacin� standard for strects and driveways on an arterial. Secrion 18.705.030.H.3 states that the minimum spacmg of dri�-eways and streets along a collector shall 6e 200 feet. The nunimum spacing of drive�vays and streets along an arterial shall be C00 feet. 'I'he proposed access is on SW Gaarde Street, an arterial, and aligned with SW 117`h Avenue across the street. The existing cemetery alteady has two accesses- one on SW 115 Aeenue (the primary access) and one on SW Gaarde Street between SW 115`h Avenue and SW 117`}' Avenue. The proposed access across from SW 117�' Avenue is 417 feet west of SW 115th Avenue and 563 east of SW 118th Court. From the proposed driveway�, there are at least 8 driveways within 600 feet to the west, and 3 driveways (including the other exisung drive��ay serving this property) and SW 115th Avenue within 600 feet to the east. '1'he proposed access does not meet the 600-foot spacing standard; therefore, the applicant requests an ad�ustment to the access/egress standards. St.Anthony Catholic Cemetery PAGE 9 OF 18 CUP2007-00005/Vr1R2008-00001 2/25/08 ST�1FF REPORT TO THE HEARINGS OFFICER FINllINU: Staff recommen� �pproval of an adjustment to the acces� �;ress stanclards for the proposed driveway. Access, Egress and Circulation (Chapter 18.7051 When provisions apply. The provisions of this chapter shall apply to all development including the construction of new structures, the remodeling of existing structures (see Section 18.360.050), and to a change of use which increases the on-site parking or loading requirements or which changes the access requirements. Public Street Access (18.705.030.D): All vehicular access and egress as required in Sections 18.705.030H and 18.705.030(I) shall connect directly with a public or private street approved by the City for public use and shall be maintained at the required standards on a continuous basis. The proposed site will have direct access to S�X� CTaarde and direct access to SW 115`�' through the existing cemeterv. T'herefore, this criterion is met. Access Management (18.705.030.H): Section 18.705.030.H.1 states that an access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT, Washington County, the Ciry and AASHTO. A preliminary si ht distance certification u�as submitted by Brad Albert, Civil En�;ineer, on November 9, 2007. The certi�ication is for the access aligned with SW 117th Avenue on Gaarde Street. 1'he engineer states the speed limit on Gaarde Street is 35 mph, requiring a minimum 350 feet of sight distance in each direction. The engineer measured the sight distance from this access point and it can meet the 350 feet requirements both to the east and west with the following mitigation: 1) removal of a porrion of the wrought iron fence to the east and 2) the removal of a portion of the wood split rail fence to the west. The applicant shall remove or Yelocate the sections of fence that reduce sight ciistance below the required minimum distance of 350 feet. The applicant's engineer shall then provide a final sight distance certificauon to the engineering department prioz to final aceeptance of the project. Section 18.705.030.H.2 states that drivewa�s shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collectot or arterial street intersection shall be 150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway. The setback may be �reater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. The driveway on S��1 115th Avenue is approximately 190 feet north of SW Gaarde Street, thereby meeting this criterion. The driveway on SW Gaarde that is aligned with SW 117th Avenue also meets this criterion. The access on SW Gaarde located betvveen SW 115th Avenue and SW 117th Avenue is to be removed, therefore this criterion will not apply. Section 18.705.030.H. 4 states that the minimum spacing of driveways and streets along an arterial shall be 600 feet. SW Gaarde Street is classified as an Arterial on the City of Tigard's TSP, rec�uiring a minimum spacing of 600 feet. Access spacing provides for increased capacity and safety on Artenals and Collectors. From the driveway on Gaarde Street that aligns with 117th Avenue there are at least 8 driveways within 600 feet to the west and 3 driveways (including the other ciriveway serving this proper�}') and SW 115th Avenue within 600 feet to the east. �X/hile there is no location along this property where the spacing standard can be met, the best locarion is aligned with the intersection of SW Gaarde Street and SW 117th Avenue, as the driveway is today. The drive�vay located across from SW 117th Avenue is a better location than the other dri�reway on Gaaxde Street because it reduces the number of conflicting left turtung movements; therefore St.Anthony Catholic Cemetery PAGE 11 OF 18 CUP2007-00005/VAR2008-00001 2/25/08 STr�FF REPORT TO THE HEARINGS OFFICEK the adjustment for this drivew hould be granted. The other drive� between SW 115th and SW 117th A�enues, on SW Gaarde 5treet, however, should not be granted an adjustment as it does not meet the adjustment critexia of 18.370. The primary access, according to 18.810.030.Q, where a development abuts an existing arterial and has access to two streets with different classifications, shall be from the lower classification street. In this case, the lower classification strect is SW 115th A�>enue, which is classified as a local street. Therefore, tl�e prunary access shall be on SW 115th Avenue. A secondary access onto an Arterial should best meet the spacing standards, and that access is the one ali�ned with SW 117th Avenue. To provide yet a third access whtch does not meet the spacing standard or the adjustment criteria is not justified. In summary, the site can be approved for the use of two driveways, but not three. As a condition of approval, the apphcant has been required to remove the e�sting driveway on SW Gaarde Street located between SW 115th and 117th Avenues, replacing it with curb and sidewalk matching e�;isting curb and sidewalk. FINDING: Access, egress and circulation standards have not been met. CONDITIONS: The applicant's en�ineer shall then provide a final sight distance certification to the engineermg departtnent prior to final acceptance of tl�e project. The applicant shall remove the e�sisting drive�vay on SW Gaarde Street located between SW 115th and 117th Avenues, replacmg it with curb and sidewalk matching e�sting curb and sidewalk. Environmental Perfotmance Standards (18.7251 These standards require that federal and state environmental laws, rules and regulations be ap lied to development within the Cit� of Tigard. Section 18.725.030 (Performance Standards) reg�tes: Noise,visible emissions,vibrat�on and odors. Noise. For the purposes of noise regulation, the provisions of Sections 7.41.130 through 7.40.210 of the Tigard Municipal Code shall apply. Visible Emissions. Within the commercial zoning districts and the industrial park (IP) zoning district, there shall be no use, operation or activity which results in a stack or other point- source emission, other than an emission from space heating, or the emission of pure uncombined water (steam) which is visible from a property line. Department of Environmental Quality (DEQ) rules for visible emissions (340-21-015 and 340-28-070) apply. Vibration. No vibration other than that caused by highway vehicles, trains and aircraft is permitted in any given zoning district which is discernible without instruments at the property line of the use concerned. Odors. The ernissions of odotous gases or other matter in such quantities as to be readily detectable at any point beyond the property line of the use creating the odors is prohibited. DEQ rules for odors (340-028-090) apply. Glare and heat. No direct or sky reflected glare, whether from floodli�hts or from high ternperature processes such as combustion or welding, which is visible at the lot hne shall be permitted, and; 1) there shall be no emission or transmission of heat or heated air which is discernible at the lot line of the source; and 2) these regulations shall not apply to signs or floodlights in parking areas or construction equipment at the time of construction or excavat�on work otherwise permitted by this title. Insects and rodents. All materials including wastes shall be stored and all grounds shall be maintained in a manner which will not attract or aid the propagation of insects or rodents or create a health hazard. The proposed use, cemetery, does not rypically generate noise, visible emissions, vibrarions, odors, glare, heat, insects and rodents. It is the responsibility of the�roperty owner to comply with the standards and any violations�vill be enforced through the City's Code hnforcement Program. St.Anthony Catholic Cemetery PAGE 12 OF 18 CUP2007-00005/V�R2008-00001 2/25/08 ST1�FF REPORT TO THE HEARINGS OFFICER FINDING: For the purpo�� of this land use review,this criterion is _.zt. Landsca�ing and Screening (18�745) Street Trees (18.745.040): All development projects fronting on a public street, private street or a �rivate driveway more than 100 feet in len�th approved after the adoption of this tide shall be required to plant street trees in accordance wi the standards in Section T8.745.040.C. The applicant has proposed four street trees along the site's frontage on SW Gaarde Street. Therefore, this cntenon �s met. Street tree planting list (18.745.040.B): Certain trees can severely damage utilities, streets and sidewalks or can cause personal injuxy. Approval of any planting list shall be subject to review by the Director. The street tree plan in exhibit 7 of the application indicates the applicant will plant Callery Pear trees, a medium-stature tree on the Ciry of Tigard Street Tree list. While Callery Pear is an approved tree the City Arborist recommends that the applicant plant large stature trees as street trees because there �s sufficient room for thesetype of trees to grow. Three possible choices are Oregon White Oak(Quercus garryana), Zelkova serrata, and Northern Red Oak(Quercus rubra). Size and spacing of street trees (18.745.040.C): Street trees shall be spaced between 20 and 40 feet apart depending on the size classification of the tree at maturity(small, medium or large). The proposed trees will be spaced 20 feet apart, meetin�g the spacing standard for medium-stature trees of no greater than 30 feet apart. Spacuig may be adjusted if the applicant chooses to plant a large-stature tree. FINDING: Landscaping and Screening criteria are met. RECOMNIENDATION: The applicant shall consider plantin large stature street trees, such as Oregon Wlute Oak Quercus garryana�, Zelkova serrata, and Northern Red Oak (Quercus rubra�. Spacing may need to be adjusted if the applicant chooses to plant a large-stature tree. The applicant shall submit a revised street uee plan u-idicatuig the change in tree type and any changes in spacing. Tree Removal�18.790) Tree�plan r+equired. A tree plan for the planting, removal and protection of trees prepared by a certitied ari�orist shall be provYded for any lot, pa�el or combinat�on of lots or parrels for which a development application tor a subdivision, partit�on, site development review, planned development or conditional use is filed. Protection is preferred over removal wherever possible. The applicant has provided a tree inventory by Kay Kinyon, a Certif ied Arborist. Plan Requirements. The tree plan shall include the following: Identification of the location, size and species of all existing trees including trees designated as significant by the cit}; The inventory identifies the location, size and species of all existing trees. Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.790.060D, in accordance with the following�standarcis and shall be exclusive of trees required by other development code provisions for landscaping,streets and parking lots: . Retention of less than 25% of existing trees over 12 inches in caliper requires a mitigation program in accordance with Section 1$.790.O60D of no net loss of trees; St.Anchony Catholic Cemetery PAGE 13 OF 18 CUP2007-00005/VAR2008-00001 2/25/08 STAFF REPORT TO THE HEARINGS OFFICER . Retention of from 25°r� _., 50% of existing trees over 12 inche., .n caliper requires that two- thirds of the trees to be removed be mitigated in accordance with Sect�on 18.790.060D; . Retention of from 50% to 75% of existing trees over 12 inches in caliper requires that 50 percent of the trees to be removed be mitigated in accordance with Section 18.790.060D; . Retention of 75% or greater of existing trees over 12 inches in caliper requires no mitigation. The applicant proposes to retain 100% of the existing trees. Therefore,no mitigation is required. Identification of all trees which are proposed to be removed; The applicant does not propose to remove any trees. A protection program defining standards and methods that will be used by the applicant to protect trees during and after construct�on. The applicant has not provided a protection program for the e�cisting trees, all of which will be retained. While no construcuon �s proposed, the City Arborist recommends that the applicant's arborist prepare a protection program that addresses tree protection both durin�fence installation and after the site becomes a cemetery-(i.e. where burials can occur and what type of landscaping is appropriate near e�sting trees). Subsequent tree removal. Trees removed within the period of one year prior to a development application listed above will be inventoried as part o} the tree plan above and will be replaced according to Section 18.790.060D. There is no evidence that trees were removed within a year of this application. Subsequent removal of a tree. Any tree preserved or retained in accordance with this section may thereafter be removed only for the reasons set out in a tree plan in accordance with Section 18.790.030, or as a condition of app roval for a conditional use, and s�all not be subject to removal under any other section of this chapter. The prope�tty owner shall record a deed restriction as a condition of approval of any development permit a1-tected by this section to the effect that such tree may be removed only if the tree des or is hazardous according to a certified a�fiorist The deed restnct�on may be removed or will be considered invalid if a tree preserved in accordance with this section should either die or be removed as a hazardous tree.The form of this deed restriction shall be subject to approval by the Director. A deed restriction will ensure that this standard is met. FINDING: The tree removal criteria have not fully been met. CONDITTONS: . The applicant/owner shall record a deed restriction to the effect that any existing tree greater than 6" diameter may be removed only if the tree dies or �s hazardous according to a certified arborist. 'The deed restriction may be removed or will be considered invalid for any tree preserved in accordance with this decision that either dies or is removed as a hazardous tree. . The applicant's arhorist shall prepare a protection program that addresses tree protecuon both durin�fence icLStallation and a}ter the site becomes a cemetery (i.e., where burials can occur and what rype of landscaping is appropnate near e�sting trees). Vsual Clearance Areas (18.795) When provisions apply. The provisions of this chapter shall apply to all development including the construction of new structures, the remodeling of existing structures and to a change of use which increases the on-site parking or loading requimments or which changes the access requirements. St.Anthony Catholic Cemetery PAGE 14 OF 18 CCTP2007-00005/VAR2008-00001 2/25/08 STr�FF REPORTTOTT�E HEARINGS OFFIC�R The proposed change of use i.�m residential to cemetery will require a._ .�sting access to be removed in order to meet the access spacing standards. Visual Clearance Area standards apply to the driveway on the proposed site. Arterial streets. On all designated arterial streets the visual clearance area shall not be less than 35 feet on each side of the intersection. The applicant has provided a drawing of a visual clearance trian�le in Exhibit 8 of the application. However, this draw�ng is on blank paper not to scale. In addition, the tnangle shown is 30 feet on each side of the intersecuon and should be 35 �eet FINDING: Visual clearance area standards have not been met. CONDI7TON: The applicant shall revise the site plan to sh�w a visual clearance triangle for the proposed access, meeting the v�sual clearance standards for driveways on an arterial. Street And Utility Improvements Standards (Chapter 18.8101 Chap ter 18.810 provides construction stan ards of r theimplementation of public and private faciI'ities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: Streets: Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width�planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires an Arterial street to have a 76 foot right-of-way width and 48-foot paved section. Other improvements required may include on-street parking, sidewalks and bikeways, underground utilit�es, street lighdng, storm drainage, and street trees. This site lies adJ�acent to SW Gaarde Street, wluch is classified as an Arterial on the City of Tigard Transportation 1'lan Map. At present, there is approxirnately 20 feet of ROW from centerline, accordu-i to the most recent tax assessor's map. The appIicant should dedicate the additional ROW to provide 3� f eet f rom centerline. SW Gaarde Street is currently partially improved. These recent improvements do not meet the current desig n standards for a three-lane artenal. In order to rrutigate the imp_ac�t from this development, the applicant should enter into a future street improvement agreement. This future street unprovements agreement does not include street trees and the trees should be installed with this land use approval, prior to �ssuance of the Public Facility Improvement (PFI) pernlit. Access to Arterials and Major Collectors: Section 18.810.030.Q states that where a development abuts or is traversed by an existing or proposed arterial or ma�or collector street, the development design shall provide adequate protection for residential properties and shall separate residential access and tFirough traffic, or if separation is not feasible, the design shall minimize the traffic conflicts. The design shall include any of the following: . A parallel access street alon�the arterial or major collector, . Lots of suitable depth abutting the arterial or major collector to provide adequate buffering with frontage along another street; . Screen plantin� at the rear or side property line to be contained in a non-access reservation along tFie artenal or ma'or collector, or . Other treatrnent suitab�e to meet the ob'ectives of this subsection; . If a lot has access to two streets with di�erent classifications, primary access should be from the lower classification street. St.Anthony Catholic Cemetery PAGE 15 OF 18 CLJP2007-00005/VAR?008-00001 2/25/08 STAFF REPORT TO THE HEARINGS OFFIC�R This development has.access to .�Sth Avenue, a local street, and a prop��ed access to Gaarde Street, an Arterial street. The pnmaryaccess should be from 115th Avenue since it �s the lower classification street. Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets. Private streets and industrial streets shall have sidewalks on at least one side. There are e�cisting sidewalks along the frontage of SW Gaarde Street. The sidewallis do not meet the current standard, which requires that they be 8 foot wide and have a 5 foot planter strip between sidewalk and curb. The applicant shall enter into a future street unprovement agreement that will include sidewalk and planter stnp. The applicant shall remove the existing drivew� ay on SW Gaarde Street between SW 115th and 117th Avenues and replace it with curb and sidewall�. This shall be done prior to final acceptance of this project. Storm Drainage: General Provisions: Section 18.810.IOO.A requires developers to make adequate provisions for stornl water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The City Engineer shall approve the necessary size of the facility, based on the provisions of Desi n and Construction Standards for Sanitary and Surface Water Management (as adopted by �ean Water Services in 2000 and including any future revisions or amendments). There are no upstream drainage ways that impact this development. Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the Citx Engineer that the additional runoff resulting from the development will overload an e�st�n draina�e facility, the Director and Engineer shall withhold approval of the development unt�� provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). In 1997, C1ean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a stormwater detention/effective impe�rvious area reduction pro�gram resulting in no net increase ui storm peak flows up to the 25-year event. The City will re, uire that ali new developments resulting in an increase of unpervious surEaces provide onsite detention fac�ties, unless the development�s located adjacent to Fanno Creek For those developments adjacent to Fanno Creek, the storm water runoff will be pernutted to discharge without detention. The applicant is not proposing construction of any new impervious surface area; therefore no stormwater detention�s requu-ed. Bikeways and Pedestrian Pathways: Bikeway Extension: Section 18.$10.110.A states that developments adJ'oining proposed bikeways identified on the City's adopted pedestrian/bikeway plan shall include provYSions for the future extension of such bikeways through the dedication of easements or right-of-way. There are existing bike lanes on SW Gaarde Street,therefore this criterion is met. St.Anthony Catholic Cemetery PAGE 16 OF 18 CCJP2007-00005/VAR2008-00001 2/25/08 STAFF REPORT TO TT-� HEARINGS OFFICER Storm Water Qualit�: The City has agreed to enforce Surface Water Management (SWM regulations established by Clean Water Servlces (CWS� Design and Construction Standards �adopted.by Resolution and Order No. 00-7) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated frorn newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. The applicant is not proposing to construct any new unpervious surface area; therefore no water quality treatment is requu-ed. C. IMPACT STUDY The impact study shall quantify the effect of the development on public facilities and senrices. The study shall address, at a m�nimum, 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 deveCopment on the public at large, public facilities systems, and affected private propeity users. In situations where the Community Develo�pment Code requires the dedication of real property interests, the applicant shall either specitically concur with the dedication requirements, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. The applicant has submitted an impact study,which shows that there will be adequate facilities to serve the proposed cemetery, as indicated below: Sewer &Storm: No structures are proposed. The applicant will not be connecting to the sewer or storm system. Because the site is mainly unpervious and the applicant will not be adding any impervious surface, no storm water provisions are necessary. Water: The applicant will not need a new water connection and has not proposed to connect the subject parcel to the water system. Parks: Impacts to the park system are not anticipated. The applicant would not be required to pay a parks systems development charge. Trans ortation: The proposed site is located on SW Gaarde Street, an arterial. The applicant has propose to provide the required 38 feet of ri ht-of-way from centerline. In addition, the applicant will paya Washington CounryTraffic Impact Fee (�F). SE CTION VII. OTHE R STAFF COMME NTS The City of Tigard Police Department has reviewed the proposal and has no objections to it. The City of Tigard Engineering Department has reviewed the proposal. Findings are included in the Access, Egress and Cu-culation secuon and Street and Utiliry Improvements section of this decision. Requirements are included in the conditions of approval. Full Comments are in the land use file. St.Anthony Catholic Cemetery PAGE 17 OF 18 CCTP2007-00005/VAR2008-00001 2/25/08 STAFF REPORT TO THE HEARINGS OFFIC�R SECTION VIII. AGEN�.� COMMENTS Tualatin Valley Fire and Rescue (TVF&R) has reviewed the proposal ana �ias no conunents or concerns. Clean Water Services (CWS) has reviewed the proposal and confirms that connections to sanitary and storm lines are not re uu-ed for the project as proposed. CWS notes that any future development or will have to comply with�S standards. Disturbance of more than 1-acre ot the cemetery site or public improvements in the right-of-way will require a NPDES 1200-C permit and compliance with CWS standards. Per CWS, no sensitive lands are on or within 200 feet of the site. Full comments are in the land use file. � Februa 15 2008 PREP D BY: E y ATE s�stant anner � � �� Februa 15 2008 RE WED BY: Ric ar H. Bewers o j i ATE Planning Manager St.Anthony Catholic Cemetery PAGE 18 OF 18 C[JP2007-00005/VAR2008-00001 2/25/08 STAFF REPORT TO T� HEARINGS OFFIC�R -, ------- ----- --- - — - - - ---- -- - -- -- �C- __ _ i l % , � �� ;�� -�� ;--- ----- -, `_ �� -�� ._ , <,,, - � -,--Z� _ ��l/ � � � �' i i --� `� � . . �--r � -- ; ' , ' ' l� �,, /'��y%�`,``� ��`- -----,---r-- ' ��' �✓ � VICINITY MAP � , I I �`'�! 1 ` / � /// / � / // j I � I i�-I-- i _ � � 1 //� / i '—'\ f' i� � � �/ - _ � II i �� u i> % � z , �, � ,� �,--- \ J =-- -!'---- CUP2007-00005 _N. __i j !_—� �---- r-- � - -- Fii -� -- i--�� - � j �' � � �i' l � - - --- __________� � �:� �- � ; ST. ANTHONY S ;� ; /�� - - i ��—�-�: �---- - - — - ' -: ; �-� ►� ; ' % .ti� ,, I— , ; �; � CATHOLIC � ti i ��' � �� i � � � C�-�URCH , � � �� _--�_� �;�% �---Q-- _I —!, C�METERY �cr WHISTLER S LP � ' w EXPANSION �—�—� � ��--�— '--- ] �i ' I I i FAIRVIEW �N Q � � � � i � ' � - 2 _� ' I � � ��- i � � � 34SF�CISSA ° � '�. � LEGEND: � � � �—r�� _ � , � � , �— i �� SUBJECI' � �� ; - - �=- �� --��- -1_— �z� sl� �'; �� w �, - � � � � �� a'-�Ji25 Fr.F�� 1� I � � . � / I i�i 1 � I--i f��y 1� ` I I S < �� ..� � � ' �!—��O I V I E T N— 5�` ;� �� j �—,' —,—,�� - , - � - L_J \ I �I I I I � �CAn Rp� � ._ _ C j SW GAARDE ST -- - � � , �` � ��:�;, '�I I-- I GAARDE ST- _ _ - - � I �I I � _'__'_-.'I'_ __ -_-� -__ _ .��_°6E . � / ,.�. .:.+, �; � . —� J �-`l�J � I �� TgarG Area Map I '-� �_ � ♦ � Qi i Irn I �W N i � I � 0 70 140 210 200 350 Feet � J� RE I ' -- � _ � �_ -y� � 1'=286 feet i �� i��/l I � � I�l�—_— C � - ' � � `��. h � � r Information on this map is for general location only a'M � should be verified wiU the Development Services Division. -�`----�/ I 13125 SW Hall Blvd \ Tigard,OR 97223 i \ ji (503)639-4171 I I ____ _ _ , � htlp:/Iwww.ci.tigard.or.us Community Development Plot date: Dec 26,2007;C:lmagiclMAGIC03.APR - - - - _�..:�_._ �.� �� - :�-� - - --�- - . � 166' ''`� •,�v,, I � � � I -ti.�,• I � - � I � � � �� i �� ,F � �, � � � i� � `Y3 �� i `�� :�1 � � ' �f ' � , i " � _. _ _ _ __ , � :;�. � � _.� _�,,.. ._ _ _ . �` i ��'� � �.w:.� � � �. `� � 6�g�V i�� I � I I . __..__.�_ , _. 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'' // i o i �' ."�` � � � i � i ,�, � X ; � � � .�- i W ' i � '� , � � ' T i / � • t ! i — � i � j �sc' j r'`"`'c �--- ---�'-------- `� �`� ,�~ - �r{ �h =� � -----.�--=�.��.�—b--.�—._�.--•--��-� "315�.�` �,.,�' --------- � �, � o --------- -----,-----=�c—� �� o ------ ---�---�----------- �� T��.�T �--------------o----�------ '—'__'_ __—__—_____ o _�/NO�RTri_'__ __ `\ _-_-_-_ _-_N _-_ Y�///� � �` I �"��+�� L� ' � J�� t�� I��.� � � PRELIM�NARY PLAN' � � � ; SCALE 1" = so' CONDITIONAL USE PERMIT ■■ planning��inc. �� it, Pa rtners hips B Periormance D A T E.• 1 1—2 7—0 7 GAARDEST.2S103CD03400 ��:. 7780 SW FM Loop.Sub�D7 509 6841020 Po,no�e,oa sra3 507 681-1078 FY[ pROJECT.• 07—rAB-508 ST.ANTHONY CHURCH NOTIC� TO MORTGAGEE,: NHOLDER,VENDOR OR SE ER 1�TTGARD DEVELOPMENT OODE REQLTIRES'THAT IF YOU RECEIVE Tf-IIS NOTICF,, �� IT SHALI_BE PROMP7LY FORWARDED TO THE PURQ-�ASER � PUBLIC HEARING NOTICE NOTIC� IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETTNG ON MONDAY FEBRUARY 25, 2008 AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD QVIC C�NTER AT 13125 SW HALL BOULEVARD,TIGARD,OREGON 97223 WILL CONSIDER T'HE FOLLOWING APPLICATTON: FILE NOS.: CONDITIONAL USE PERMIT (CUP) 2007-00005 �Jus�N`r (v�x) Zoos-0000i FILE TITLE: ST. ANTHONY'S CATHOLIC CHURCH CEMETERY EXI'ANSION APPLICANT'S APPLICANT: St. Anthon�s Catholic Cemetery REP.: Planrung Resources,Inc. Attn: Al Tabayoy�on Attn:Dan Jung 9905 SW McKenzie Street 7160 SW Fir L.00p,Suite 201 Tigard, OR 97223 Portland,OR 97223 OWNER Roman Catholic Archbishop of Portland in Oregon, and Successors, a Corporate Sole 2838 E Bumside Ave Ponland,OR 97214 REQUEST: The applicant is requesting a conditional use pernut to convert a 1.51-acre property from single-family residential use to cemetery use. The subject property is a vacant lot of record that once served the single-f amily home on the property to the west. The existing cemetery is immediately east of the sub�ect lot. The applicant does not propose any buildings, removal of any trees or installation o� signs. St. Anthon�s C�tholic Cemetery �s proposulg that the subject lot be used for religious burial of hwr�uz remains so that it may continue to offer the service. The proposed use is a conditional use in the R 4.5 zone, requiiing a �ublic hearing. The applicant has also requested approval for an Adjustment to the rrururnum spacing standard of driveways and streeu along an arterial from 600 feet to 417 feet. LOCATION: North side of SW Gaarde Street between SW 115`� Ave and SW 118�' Ave, neighboring and west of the existing cemetery at 11585 SW Gaarde Street; Washington Counry Tax Map 2S103C�,T�Lot 3400. ZONE: R 4.5: Low Densi Residential. The R 4.5 zoning district is designed to accommodate detached single-f � y homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-farruly uruts are permitted conditionally. Some civic and institutional uses are also pernutted conditionally. APPLICABLE RE VIE W CRITERIA: Community Development Code Chapters 18.330, 18.360, 18370, 18.390, 18.510, 18J05, 18.725, 18.745, 18.755, 18.765, 18.780, 18.790, 18.795 and 18.810. THE PUBLIC HEAftING ON T�-II5 ��IATTER WILL BE CONDUCI'ED IN r�.,�:ORDANCE WITH 'I� RULES OF C�-3A1'TER 18.390 OF 'I'F-� COMMLJI�IITY DEVELOPMENT CODE AND RULES OF PROC�DURES ADOPTED BY 1� TTGARD QTY OOUNaL AND AVAILABLE AT QTY HALL. ASSISTIVE LISTEI�IING DEVIC�,S ARE AVAILABLE FOR PERSONS WITH INIl'AIRED HEARING. T'HE QTY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED .SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL IN7'ERPRETERS UPON REQUEST. PL.EASE CALL (503) 639-4171, EXT. 2438 (VOIC�) OR (503) 684-2772 ('I'DD- TELEGOMMLJNICATIONS DEVIC�S FOR'I'I� DEA� NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ANYONE WISHING TO PRESENT WRITTEN TESTTMONY ON Tf-IIS PROPOSED ACITON MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT'THE PUBIIC HEARING. AT TF-�E PUBLIC HEARING, THE HEARINGS OFFIC�R WILL REC:�IVE A STAFF REPORT PRESENTATION FROM THE Q'TY PLANNER,OPEN TF-� PUBLIC HEARING,AND INVI`TE BOTH ORAL AND WRITTEN TESTIMONY. TF-�E HEARINGS OFFIC�R MAY GON7TNUE TI-�E PUBL.IC HEARING TO ANOTHER MEETTNG TO OBTAIN ADDI7TONAL INFORMATION OR C[.OSE TF-� PUBLIC HEARING AND TAKE ACITON ON T�-�E APPLICA7TON. IF A PERSON SUBMITS EVIDENC� IN SUPPORT TO 'IT-� APPLICATION LESS THAN SEVEN (7) DAYS PRIOR TO THE PUBLIC HEARING, ANY PARTY IS EN'ITTLED TO REQLJEST A CONTINUANC� OF Tf-� HEARING. IF THERE IS NO CONTINUANC� GRANI'ED AT TI--�E HEARING,ANY PARTIQPANT IN T�-�E HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. A REQUEST THAT TT-3E RECORD REMAIN OPEN CAN BE MADE ONLY AT T'f IE FIRST EVIDEN7TARY HEARING (ORS 197J63(6). INQ,UDED IN T�IIS NOTTCE IS A LIST OF APPROVAL CRi7'ERIA APPLICABLE TO THE REQUEST FROM T'HE TTGARD COMMUNITY DEVELOPMENT CODE AND TI-�, TTGARD COMI'REHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF TT-� REQLJEST BY TF-IE HEARINGS OFFIC�R WILL BE BASED UPON THESE CRITERIA AND THESE QZiTERIA ONLY. AT THE HEARING IT IS IMI'ORTANT"I'HAT COMI��N'I'S RELATING TO Tf�', REQUEST PERTAIN SPEQFICALLY TO THE APPLICABLE C�ITERIA LISTED. FAILURE TO ftAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO T�IE QIOSE OF 'THE. HEARING ON TF-� REQUEST ACCOMI'f�NIED BY STATEMENTS OR EVIDENC� SUFFIQENT TO ALLOW 1� HEARINGS AUTHORITY AN OPPORTUMTY TO RESPOND TO'I'HE ISSUE PREQ,UDES AN APPEAL TO THE LAND U5E BOARD OF APPEALS BASED ON THAT ISSLJE. ALL DOCUMEN'I'S AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENl'Y-FIVE C�NTS (25�) PER PAGE, OR T'HE CURRENT RAT'E C�-IARGED FOR COPIES AT T�-�E TIME OF T'HE REQLTEST. AT LEAST SEVEN (7) DAYS PRIOR TO 'IT-� HEARING,A COPY OF Tf-IE STAFF REPORT WILL BE AVAILABLE FOR INSPECI'ION AT NO COST,OR A COPY CAN BE OBTAINED FOR`I'VUENI'Y-FIVE C�NTS (25t) PER PAGE, OR THE C[JRRENT RATE Q�ARGED FOR COPIES AT 'I'f-� TIME OF THE REQUEST. FOR FURTHER INFORMATTON PLEASE CONTAGT'I'f-� STAFF PLANNER EMILY ENG AT 503.639.4171, TIGARD QTY HAI_L, 13125 SW HALL BOULEVARD,TTGARD,OREGON 97223,OR BY E-MAIL TO emily�gacd-or.gov. . .. _ .... VICWITI�MAP i � �, C:1.'P'_OII--LIOOOi 'y ST._aNTFIO�'.S ti f�{Tf IULIC C:FiI�R�'H Cfi.\fETER� WMISTLER'S LP \ IRVIEWLN > �-IP_jVtir()V 1\ IPGEND 3 SUBJECf i � AI'B > f.. I ' � ._.' 'Lf.,�{ I s WueucS� •,�/ �' � y.j. 3 wwuW � •••�g•• A�'��d j��6�� RE QUE ST FOR COMMENTS '' DATE: January 11,2008 -��r� � TO: Jim Wolf,Tigard Police Depa�nent Cxime Prevention Officer FROM: City of Tigard Plaiuiulg Division STAFF CONTACI': Errvl�Eng,Assistant Planner (503) 718-2712 M.iin Phone: (503) 639-4171 Fa�: (503� 684-7297 Email: cmil � ti��ard-or.gov CONDITIONAL USE PERMIT (CLJP) 2007-00005/ADJUSTMENT (VAR) 2008-00001 - ST. ANTHONY'S CATHOLIC CHURCH CEMETERY EXPANSION - REQUEST: The applicant is requesting a conditional use perniit to convert a 1.51-acre property from single-family residential use to cemetery use. The subject property is a vacant lot of record that once served the sulgle-family home on the property to the west. The existing cemetery�s unmediately east of the subject lot. The applicant does not propose any buildings, removal of any trees or installation of signs. St. Anthon�s Catholic Cemetery is proposuig that the subject lot be used for religious burial of human remains so that it may continue to offer the service. The proposed use is a condiuonal use in the R 4.5 zone, requiruig a public hearing. The applicant has also requested app roval for an Adjustment to the miniinum spacing standard of dnveways and streets alon an arterial because the proposed driveway does not meet the 600- foot spacing standard. There is a street intersection �SW 117`'' Avenue) directly across from the proposed driveway. LOCATION: North side of SW Gaarde Street between SW 115�' Ave and SW 118`'' Ave, neighbonng and west of the existing cemeteryat 11585 SW Gaarde Street;Washin�ton CountyT�Map 2S103C�,Tax Lot 3400. ZONE: R 4.5: Low Density Residential. The R 4.5 zoning distnct is designed to accommodate detached single-family homes with or without accessory residential units at a m;n;mum lot size of 7,500 square feet. Duplexes and attached single-farrvly units are pern�itted conditionally. Some civic and institutional uses are also pernutted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.360, 18.370, 18.390, 18.510, 18.705, 18J25, 18.745, 18.755, 18.765, 18.780, 18.790, 18.795 and 18.810. Attached are the Site Plan,�cinity Map and Applicant's Statement/Plans for your review. From inforn�ation supplied byvarious departments and agencies and from other inforn�ation available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: ANUARY 25 2008. You may use the space provided below or attach a separate letter to retum your comments. If ,you are unab e to respond by the above date, please phone the staff contact noted above with your commenu and confum your commenu in writing as soon as possible. If you have any questions,contact the Tigard Plannuig Division, 13125 SW Hall Boulevard,Tigard,OR 97223. PLE ASE CHE CK THE FOLLOWING ITEMS THAT APPLY: � We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. _ Written corrunenu provided below: �ame &Number of Person(s) Commenting: J,Wo1� � Z5(�� I RE QUE ST FOR COMME NTS '' DATE: Januar�11,2008 ,�- 4�- TO: PER ATTACHED FROM: City of Tigard Planning Division STAFF CONTACT: EmilY Eng,Assistant Planner (503) 718-2712 Main Phone: (503) 639-4171 Fa�c: (503) 684-7297 Email: e�nil tigard-or.gov CONDITIONAL USE PERMIT (CLTI') 2007-00005/ADJUSTMENT (VAR) 2008-00001 - ST. ANTHONY'S CATHOLIC CHURCH CEMETERY EXPANSION - REQUEST: The applicant is requesting a conditional use perniit to convert a 1.51-acre property rom single-family residential use to cemetery use. The subject property is a vacant lot of record that once served the sulgle-family home on the property to the west. The e�sting cemetery�s unmediately east of the subject lot. The applicant does not propose any buildings, removal of any trees or installation of signs. St. Anthon�s Catholic Cemetery is proposing that the subject lot be used for religious burial of huinan remains so that it may continue to offer the service. The proposed use is a conditional use in the R 4.5 zone, requiru�g a public hearing. The applicant has also requested approval for an Adjustment to the muumum spacing standard of dnveways and streets alon an arterial because the proposed driveway does not meet the 600- foot spacing standard. There is a street intersection �SW 117`'' Avenue) directly across from the proposed driveway. LOCATION: North side of SW Gaarde Street between SW 115`� Ave and SW 118`�' Ave, neighbonng and west of the e�sting cemeteryat 11585 SW Gaarde Street;Washin�ton CountyTax Map 2S103m,TaY Lot 3400. ZONE: R 4.5: Low Density Residential. The R 4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential uruts at a inuiunum lot size of 7,500 square feet. Duplexes and attached single-family units are pernzitted conditionally. Some civic and institutional uses are also pernutted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.360, 18.370, 18.390, 18.510, 18.705, 18.725, 18.745, 18.755, 18.765, 18.780, 18.790, 18.795 and 18.810. Attached are the Site Plan,Vcinity Map and Applicant's Statement/Plans for your review. From inforn�ation supplied byvarious departments and agencies and from other inforn�ation available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to con�unent on this application, WE NEED YOUR COMMENTS BACK BY: ANUARY 25 2008. You may�e the space provided below or attach a separate letter to returri your comments. If you are unab e to respond by the above date, please phone the staff contact noted above with your conunents and confirm your comments in writing as soon as possible. If you have any questions,contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard,OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: _ We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. _ Written coirunents provided below: �Name &Number of Person(s) Commenting: I - ,. CITY OF TIGARD REQUEST FOR COMMENTS NOTIFICAT' LIST FOR LAND USE & COMMUNITY DE1 PMENT APPLICATIONS FILE NOS.: �.l� �- c��; FILE NAME: �� e'�� CITY OFFICES _LONG RANGE PIANNING/Ron Bunch,Planning Mgr. �CURRENT PLANNING/Todd Prager/Arbonst-Planner •�POLICE DEPT./Jim Wolf,Crime Prevention Officer _BUILDING DIVISION/Mark Vandomelen,Plans Ex.Supervisor ,€NGINEERING DEPT./Kim McMillan,Dvlpmnt.Revlew Engineer HEARINGS OFFICER(+2 sets) CITY ADMINISTRATION/Cathy Wheatley,City Recorder PUBLIC WORKS/Rob Murchison,Project Engineer — PLANNING COMMISSIONIGRETCHEN(+12 sets) _COMMUNITY DVLPMNT.DEPT./Planning•Engineering Techs._PUBLIC WORKS/Steve Marlin,Parks Supervisor �[FILEIREFERENCE(+R-ae.t.s�) a. _CODE ENFORCEMENT/Chnstine Damell,Code Compliance Specialist(OCA) �� . yr�c, SPECIAL DISTRICTS _ TUAL.HILLS PARK 8 REC.DIST.+►�TUALATIN VALLEY FIRE 8 RESCUE♦ TUALATIN VALLEY WATER DISTRICT♦ xCLEAN WATER SERVICES+► Planning Manager North Division Administrative Office Marvin Spiering/SWM Program 15707 SW Walker Road John K.Dalby.Deputy Fire Marshall PO Box 745 155 N.First Avenue Beaverlon,OR 97006 14480 SW Jenkins Road Beaverton,OR 97075 Hillsboro,OR 97124 Beaverton,OR 97005-1152 LOCAL AND STATE IURISDICTIONS CITY OF BEAVERTON � CITY OF TUALATIN � OR.DEPT.OF FISH 8 WILDLIFE OR.DIV.OF STATE LANDS Planning Manager Planning Manager Devin Simmons,Habitat Biologist MBIIfld2 WOOd(WIUN Form RequireA) _ Steven Sparks,oe. s��s h+a�a9e� 18880 SW Martinazzi Avenue North Willamette Walershed District 775 Summer Street NE,Suite 100 PO Box 4755 Tualatin,OR 97062 18330 NW Sauvie Island Road Salem,OR 97301-1279 Beaverton,OR 97076 Portland,OR 97231 _ OR.PUB.UTILITIES COMM. METRO-LAND USE 8 PLANNING � _OR.DEPT.OF GEO.8 MINERAL IND. 550 Capitol Street NE _ CITY OF DURHAM � 600 NE Grand Avenue 800 NE Oregon 5treet,Suite 5 Salem,OR 97310-1380 City Manager Portland.OR 97232-2736 Portland,OR 97232 17160 SW Upper Boones Fry.Rd. Joa�na Mensher,Oata Reso�rce Center(ZCA) US ARMY CORPS.OF ENG. Durham,OR 97224 Paulette Allen,GrovA�ManagemenlCOatlnala OR.DEPT.OF LAND CONSERV.B DVLP. Kathryn Harris iM,P:acws�ene�o��Y� _ M21 HUIB,Greensv�s Coo�tlmator(CPA20A) M8f8 UII08(Comp Plan Amentlments 8 Measure 37) Routing CENWP-OP-G CITY OF KING CITY � _ Jennifer Budhabhatti,aeg�a�Pw„�<<weua�as> 635 Capitol Street NE,Suite 150 PO Box 2946 City Manager _ C.D.Manager,c�o.�n rna�a9eme��serv�: Salem,OR 97301-2540 Portland,OR 97208-2946 15300 SW 116th Avenue King City,OR 97224 WASHINGTON COUNTY� OR.DEPT.OF ENERGY(Powedinesmq�ea) OR.DEPT OF AVIATION�Mo�oca.row..s� Dept.o(Land Use&Transp. Bonneville Power Administration Tom Highland,Pia��9 155 N.First Avenue _CITY OF LAKE OSWEGO � Routing TTRC-Attn: Renae Ferrera 3040 25th Street,SE Suite 350,MS 13 Planning�irector PO Box 3621 Salem,OR 97310 Hillsboro.OR 97124 PO Box 369 Portland,OR 97208-3621 Naomi Vogel-Beattiecce�e�a�nPPs Lake Oswego,OR 97034 Planning Division�zcn�nns,a _ OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 iM Brent Curtis lcaa� CITY OF PORTLAND cNo��irro�wena�asa�aao�a��a�e��o�me��auR�paas� Development Review Coordinator poria Mateja czcA�MS,a Planning Bureau Director Regional Administrator _Carl Torland, Right-of-Way 5ection�va�ano�s� _Sr.Cartographer icPazca,MS,a 1900 SW 4'"Avenue,Suite 4100 2020 SW Fourth Avenue,Suite 400 123 NW Flanders _Jim Nims,s��e��,,��A;MS,S Portland,OR 97201 Portland,OR 97201-4987 Portland,OR 97209-4037 OR.PARKS&REC.DEPT. WA.CO.CONSOL.COMM.AGNCY ODOT,REGION 1 -DISTRICT 2A� _ODOT,RAIL DIVISION STATE HISTORIC Dave Austin�wcccn��9,r��Me�o�.ro..e.,, S2fT1 HUf121C�1,Assista�t Disirict Manager (NO11ty if ODOT R/R-Mwy.Cmssing�s OniyACOSS to Land) PRESERVATION OFFICE PO Box 6375 6000 SW Raab Road Dave Lanning,s�c�oss��9 sa�ey sP��a��5� (Nolily if Property Has HD Overlay) Beaverton,OR 97007-0375 Portland.OR 97221 555-13'"Street,NE,Suite 3 725 Sumner Street NE,Suite C Salem,OR 97301-4179 5alem,OR 97301 UTILITY PROVIDERS AND SPECIAL AGENCIES PORTLAND WESTERN R1R,BURLINGTON NORTHERN/SANTA FE R/R,OREGON ELECTRIC R/R(B�r�ington Northern�Santa Fe R/R Predecessor) Bruce Carswell,President&General Manager 1200 Howard Drive SE Albany,OR 97322-3336 SOUTHERN PACIFIC TRANS.CO.R/R METRO AREA COMMUNICATIONS COMCAST CABLE CORP. TRI-MET TRAN5IT DVLPMT. Clifford C.Cabe,Construction Engineer Debra Palmer�n��e.a��o�s o��Y� Gerald Backhaus,sn��ao�a A«a�� i a�oi��s wnn��v.M��e or a T�a�S��Ro��ei 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Ben Baldwin,Project Planner Portland,OR 97232 1815 NW 169th Place,S-6020 Beaverton,OR 97005 710 NE Holladay Street Beaverton,OR 97006-4886 Portland,OR 97232 PORTLAND GENERAL ELECTRIC NW NATURAL GAS COMPANY VERIZON QWEST COMMUNICATIONS Mike Hieb Svc.Design Consultant Scott Palmer,Engineering Coord. Brandon Kahler,Engineering Lynn Smith,Eng.ROW Mgr. 9480 SW Boeckman Road 220 NW Second Avenue 4155 SW Cedar Hills Blvd. 8021 SW Capitol Hill Rd,Rm 110 Wilsonville,OR 97070 Portland,OR 97209-3991 Beaverton,OR 97005 Portland,OR 97219 TIGARD/TUALATIN SCHOOL DIST.#23J BEAVERTON SCHOOL DIST.#48 COMCAST CABLE CORP. COMCAST CABLE COMMUNIC. Teri Brady,Administrative Offices Jennifer Garland.Demographics Alex Silantiev ,s��wa�«aea�,u��, Brian Every,ro,seo�«��MO��w, 6960 SW Sandburg Street 1655D SW Merlo Road 9605 SW Nimbus Avenue,Bldg. 12 10831 SW Cascade Avenue Tigard,OR 97223-8039 Beaverton,OR 97006-5152 Beaverton,OR 97008 Tigard,OR 97223-4203 ♦ INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN 500'OF THE SUBJECT PROPERTY FOR ANYlALL CITY PROJECTS (Project Planner Is Responsible For Inditating P3rties TO NOtify�. h\patty\masterslRequest For Comments Noli6cation LisLdoc (UPDnTED. a-Dec-o�) (Also update i\cu�pin\setupUabels`,annezations\annexation_uli6t�es and Iranchises.doc,mailing labels 8 auto texl when updating this dowmei . � MEMORANDUM TO: Emily Eng FROM: Todd Prager, City Arborist RE: St. Anthony Catholic Cemetery DATE: January 11, 2008 As you requested I have provided comments on the "St. Anthony Catholic Cemetery" project. If you have any questions or concerns regarding my comments please contact me anytime. 18.745.030 General Provisions C, Installation ReQuirements. The installation of aII landscaping shal!be as follows: 1. A!!landscaping shall be installed according to accepted planting procedures. The accepted planting procedures are the guidelines described in the Tigard Tree Manual. These guidelines follow those set forth by the International Society of Arboriculture (ISA) tree planting guidelines as well as the standards set forth in the American Institute of Architects' Architectural Graphic Standards, 10th edition. In the Architectural Graphic Standards there are guidelines for selecting and planting trees based on the soil volume and size at maturitv. Additionally, there are directions for soil amendments and modifications. 2. The plant materia!shall be of high grade, and shall meet the size and grading standards of the American Standards for Nurberg Stock (ANSI Z-60, 9-1986, and any other fufure revisions); and 3. Landscaping shall be installed in accordance with the provisions of this title. D. Certificate of Occupancy. Certificates of occupancy shall not be issued unless the landscaping requirements have been met or other arrangements have been made and approved by the City such as the posting of a bond. No mitigation is required because the applicant plans on retaining 8 of 8, 12"+ trees that are on or near the site. _ ti E. Protection of Existin_q Landscapin_q. Existing vegetation on a site shall be protected as much as possible: 1. The developer shall provide methods for the protection of exisfing vegetation to remain during the construction process; and 2. The plants to be saved shall be noted on the landscape plans (e.g., areas not to be disturbed can be fenced, as in snow fencing which can be placed around the individual trees). The applicant's arborist report only inventories the existing trees. There are no protection specifications and no differentiation between on and offsite trees. Please consider having the applicanYs arborist determine which trees are on site (and will thus become deed restricted). Also, please consider having the applicant's arborist prepare a protection program that addresses tree protection both during fence installation and after the site becomes a cemetery (i.e. where burials can occur and what type of landscaping is appropriate near existing trees) 98.745.040, Street Trees Please consider having the applicant plant large stature trees as street trees since there is sufficient room. Three possible choices are Oregon White Oak (Quercus garryana), Zelkova serrata, and Northern Red Oak (Quercus rubra). B. Street tree plantin_q Iist. Certain trees can severely damage uiilities, streets and sidewalks or can cause personal injury. Approval of any planting list shaN be subject to review by the Direcior. Please consider having the applicant plant large stature trees as street trees since there is sufficient room. Three possible choices are Oregon White Oak (Quercus garryana), Zelkova serrata, and Norther Red Oak (Quercus rubra). 18.790.030, Tree Plan Requirement A. Tree plan required. A tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided for any lot, parcel or combination of lots or parce/s 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. As required, the applicant has provided a tree plan conducted by Kay Kinyon, a certified arborist. However, the tree plan does not contain all of the required elements (see B1 and B4 below). B. Plan requirements. The tree plan sha!!include the following: 1. Identification of the location, size and species of all existing trees including trees designated as significant by the city; Please consider having the applicanYs arborist differentiate between which trees are on and off site. This will be important in determining which trees become deed restricted 2. ldentification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.790.060D, in accordance with the following standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: a. Retention of less than 25% of existing trees over 12 inches in caliper requires a mitigation program in accordance with Section 18.790.060D of no net loss of trees; b. Retention of from 25% to 50% of existing trees over 12 inches in caliper requires that two-thirds of the trees to be removed be mitigated in accordance with Section 18.790.060D; c. Retention of from 50% to 75% of existing trees over 12 inches in caliper requires fhat 50 percent of the trees to be removed be mitigated in accordance with Section 18.790.060D; d. Retention of 75% or greater of existing trees over 12 inches in caliper requires no mitigation. No mitigation is required because the applicant plans on retaining 8 of 8, 12"+ trees that are on or near the site. 3. Identification of all trees which are proposed to be removed; This requirement has been met. 4. A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. The applicant's arborist report only inventories the existing trees. There are no protection specifications. Please consider having the applicant's arborist prepare a protection program that addresses tree protection both during fence installation and after the site becomes a cemetery (i.e. where burials can occur and what type of landscaping is appropriate near existing trees) CONDITIONS OF APPROVAL Street Trees Please consider having the applicant plant large stature trees as street trees since there is sufficient room. Three possible choices are Oregon White Oak (Quercus garryana), Zelkova serrata, and Northern Red Oak (Quercus rubra). The accepted planting procedures are the guidelines described in the Tigard Tree Manual. These guidelines follow those set forth by the International Society of Arboriculture (ISA) tree planting guidelines as well as the standards set forth in the American Institute of Architects' Architectural Graphic Standards, 10t" edition. In the Architectural Graphic Standards there are guidelines for selecting and planting trees based on the soil volume and size at maturity. Additionally, there are directions for soil amendments and modifications. Tree Mitigation No mitigation is required because the applicant plans on retaining 8 of 8, 12"+ trees that are on or near the site. Tree Protection Please consider having the applicanYs arborist prepare a protection program that addresses tree protection both during fence installation and after the site becomes a cemetery (i.e. where burials can occur and what type of landscaping is appropriate near existing trees). Deed Restriction Prior to issuance of any Certificates of Occupancy, the applicanUowner shall record deed restrictions to the effect that any existing tree greater than 6" diameter may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid for any tree preserved in accordance with this decision that either dies or is removed as a hazardous tree. �- . r'i/ �� '�ECEIUED PLANt��ING . CleanWater Services c�� ,�„�,��,�� , � �� JAN 2 3 2008 C1TY OF�IGA�d MEMORANDUM DATE: January 16, 2008 FROM: David Schweitzer, Clean Water Services TO: Emily Eng, Assistant Planner City of Tigard SUBJECT: Review Comments — CUP 2007-00005 St. Anthony's Catholic Church Cemetery Expansion VAR 2008-00001 GENERAL COMMENTS ■ This Land Use Review by Clean Water Services (District) does not constitute approval of storm or sanitary sewer compliance with the NPDES permit held by the District. The District, prior to issuance of any connection pertnit, must review and approve final construction plans. ■ All provisions of the development submittal shall be in accordance with Clean Water Services (CWS) Design and Construction Standards, presently Resolution and Order No. 07- 20 (R&O 07-20), and all current Intergovernmental Agreements between the City and CWS. ■ Final construction plans must be reviewed by CWS for conformance with R&O 07-20 and a Stormwater Connection Permit must be authorized by the District prior to construction. ■ A Stormwater Connection Permit Authorization shall be required prior to construction of sanitary sewer, storm and surface water systems, and final plat approval. ■ All public sanitary and storm easements shall be shown on final construction plans. SA:�:ITARY SEWER ■ The project as proposed does not require connection to a sanitary system. If one should be required, connection to the existing sanitary line 76550 in Gaarde St., if capacity exists may be permitted. 2550 SW Hillsboro Highway• Hillsboro, Oregon 97123 Phone: (503)681-3600• Fax: (503) 681-3603 • www.CleanWaterServices.org �� . , , ,%i,i ��. . CleanWater Services Ot�r cummitn�cnl iti cic��r. STORM DRAINAGE AND WATER QUALITY ■ The project as proposed constructs no new impervious surface. Access is via an existing driveway and no new buildings or walkways are being proposed. Future development shall follow Table 4-1 for water quality requirements. SENSITIVE AREA ■ Sensitive Area Pre-Screening Site Assessment 07-000604 was issued on March O5, 2007 and updated on June 20, 2007 for this project on Tax/Map lot 2S1 03CD-03400. Sensitive areas do not appear to exist on site or within 200 feet of the site, and the Assessment will serve as the Service Provider Letter for this project. EROSION CONTROL ■ If the improvements disturb 1-acre or more; site improvements and any improvements within the public Right Of Way, a NPDES 1200-C Permit is required. ■ Provide erosion control in accordance with the current CWS design and construction standards. 2550 SW Hillsboro Highway • Hillsboro, Oregon 97123 Phone: (503)681-3600 • Fax: (503)681-3603 •www.CleanWaterServices.org � 1 Tualatin Valley Fire & Rescue January 29, 2008 Emily Eng, Assistant Planner City of Tigard Planning Division 13125 SW Hall Boulevard Tigard, OR 97223 Re: St. Anthony's Catholic Church Cemetery Expansion (CUP)2007-00005 Dear Emily, Thank you for the opportunity to review the proposed site plan surrounding the above named development project. Tualatin Valley Fire& Rescue endorses this proposal. We have no comments or conditions insofar as fire apparatus access or firefighting water supplies are concerned. If there is anything about this letter you do not understand, disagree with, or wish to discuss further, please call me. Sincerely, John K . Dalby John K. Dalby, Deputy Fire Marshal II Tualatin Valley Fire & Rescue, North Division 14480 SW Jenkins Road Beaverton, OR 97005-1152 (503) 356-4723 North Division Office 14480 SW Jenkins Road, Beaverton,OR 97005 Phone: 503-356-4700 Fax: 503-644-2214 www.tvfr.com MEMORANDUM CITY OF TIGARD, OREGON DATE: 2/11/08 TO: Emily Eng, Assistant Planner FROM: Kim McMillan, Development Review Engineer�� RE: CUP2007-00005 Access Manaqement (Section 18.705.030.H) Section 18.705.030.H.1 states that an access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT, Washington County, the City and AASHTO. A preliminary sight distance certification was submitted by Brad Albert, Civil Engineer, on November 9, 2007. The certification is for the access aligned with SW 117t" Avenue on Gaarde Street. The engineer states the speed limit on Gaarde Street is 35 mph, requiring a minimum 350 feet of sight distance in each direction. The engineer measured the sight distance from this access point and it can meet the 350 feet requirements both to the east and west with the following mitigation: 1) removal of a portion of the wrought iron fence to the east and 2) the removal of a portion of the wood split rail fence to the west. The applicant shall remove or relocate the sections of fence that reduce sight distance below the required minimum distance of 350 feet. The applicant's engineer shall then provide a final sight distance certification to the engineering department prior to final acceptance of the project. Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's trafFic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. ENGINEERING COMMENTS CUP2007-00005 St. Anthony Catholic Church PAGE 1 The driveway on SW 115th Avenue is approximately 190 feet north of SW Gaarde Street, thereby meeting this criterion. The driveway on SW Gaarde that is aligned with SW 117th Avenue also meets this criterion. The access on SW Gaarde located between SW 115th Avenue and SW 117�h Avenue is to be removed, therefore this criterion will not apply. Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. The minimum spacing of local streets along a local street shall be 125 feet. SW Gaarde Street is classified as an Arterial on the City of Tigard's TSP, requiring a minimum spacing of 600 feet. Access spacing provides for increased capacity and safety on Arterials and Collectors. From the driveway on Gaarde Street that aligns with 117th Avenue there are at least 8 driveways within 600 feet to the west and 3 driveways (including the other driveway serving this property) and SW 115th Avenue within 600 feet to the east. While there is no location along this property where the spacing standard can be met, the best location is aligned with the intersection of SW Gaarde Street and SW 117th Avenue, as the driveway is today. The driveway located across from SW 117t" Avenue is a better location than the other driveway on Gaarde Street because it reduces the number of conflicting left turning movements; therefore the adjustment for this driveway should be granted. The other driveway, between SW 115th and SW 117th Avenues, on SW Gaarde Street, however, should not be granted an adjustment as it does not meet the adjustment criteria of 18.370. The primary access, according to 18.810.030.Q, where a development abuts an existing arterial and has access to two streets with different classifications, shall be from the lower classification street. In this case, the lower classification street is SW 115th Avenue, which is classified as a local street. Therefore, the primary access shall be on SW 115th Avenue. A secondary access onto an Arterial should best meet the spacing standards, and that access is the one aligned with SW 117th Avenue. To provide yet a third access which does not meet the spacing standard or the adjustment criteria is not justified. In summary, the site can be approved for the use of two driveways, but not three. The applicant shall remove the existing driveway on SW Gaarde Street located between SW 115tn and 117th Avenues, replacing it with curb and sidewalk matching existing curb and sidewalk. Street And Utility Improvements Standards (Section 18.810): Chapter 18.810 provides construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: ENGINEERING COMMENTS CUP2007-00005 St. Anthony Catholic Church PAGE 2 Streets: Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires an Arterial street to have a 76 foot right-of-way width and 48-foot paved section. Other improvements required may include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. This site lies adjacent to SW Gaarde Street, which is classified as an Arterial on the City of Tigard Transportation Plan Map. At present, there is approximately 20 feet of ROW from centerline, according to the most recent tax assessor's map. The applicant should dedicate the additional ROW to provide 38 feet from centerline. SW Gaarde Street is currently partially improved. These recent improvements do not meet the current design standards for a three-lane arterial. In order to mitigate the impact from this development, the applicant should enter into a future street improvement agreement. This future street improvements agreement does not include street trees and the trees should be installed with this land use approval, prior to final acceptance of this project. Access to Arterials and Major Collectors: Section 18.810.030.Q states that where a development abuts or is traversed by an existing or proposed arterial or major collector street, the development design shall provide adequate protection for residential properties and shall separate residential access and through traffic, or if separation is not feasible, the design shall minimize the traffic conflicts. The design shall include any of the following: • A parallel access street along the arterial or major collector; • Lots of suitable depth abutting the arterial or major collector to provide adequate buffering with frontage along another street; • Screen planting at the rear or side property line to be contained in a non-access reservation along the arterial or major collector; or • Other treatment suitable to meet the objectives of this subsection; • If a lot has access to two streets with different classifications, primary access should be from the lower classification street. ENGINEERING COMMENTS CUP2007-00005 St. Anthony Catholic Church PAGE 3 This development has access to 115'h Avenue, a local street, and a proposed access to Gaarde Street, an Arterial street. The primary access should be from 115th Avenue since it is the lower classification street. Block Designs - Section 18.810.040.A states that the length, width and shape of blocks shall be designed with due regard to providing adequate building sites for the use contemplated, consideration of needs for convenient access, circulation, control and safety of street traffic and recognition of limitations and opportunities of topography. Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks formed by streets shall not exceed 1,800 feet measured along the right-of- way line except: • Where street location is precluded by natural topography, wetlands or other bodies of water or, pre-existing development or; • For blocks adjacent to arterial streets, limited access highways, major collectors or railroads. • For non-residential blocks in which internal public circulation provides equivalent access. PLANNING Section 18.810.040.B.2 also states that bicycle and pedestrian connections on public easements or right-of-ways shall be provided when full street connection is not possible. Spacing between connections shall be no more than 330 feet, except where precluded by environmental or topographical constraints, existing development patterns, or strict adherence to other standards in the code. PLANNING Lots - Size and Shape: Section 18.810.060(A) prohibits lot depth from being more than 2.5 times the average lot width, unless the parcel is less than 1.5 times the minimum lot size of the applicable zoning district. PLANNING Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of frontage on public or private streets, other than an alley. In the case of a land partition, 18.420.050.A.4.c applies, which requires a parcel to either have a minimum 15-foot frontage or a minimum 15-foot wide recorded access easement. In cases where the lot is for an attached single-family dwelling unit, the frontage shall be at least 15 feet. PLANNING ENGINEERING COMMENTS CUP2007-00005 St. Anthony Catholic Church PAGE 4 Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets. Private streets and industrial streets shall have sidewalks on at least one side. There are existing sidewalks along the frontage of SW Gaarde Street. The sidewalks do not meet the current standard, which requires that they be 8 foot wide and have a 5 foot p{anter strip befinreen sidewalk and curb. The applicant shall enter into a future street improvement agreement that will include sidewalk and planter strip. The applicant shall remove the existing driveway on SW Gaarde Street between SW 115th and 117th Avenues and replace it with curb and sidewalk. This shall be done prior to final acceptance of this project. Storm Drainage: General Provisions: Section 18.810.100.A requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility shall be large enough to accommodate potential runofF from its entire upstream drainage area, whether inside or outside the development. The City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). There are no upstream drainage ways that impact this development. Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a stormwater detention/effective impervious area reduction program resulting in no net ENGINEERING COMMENTS CUP2007-00005 St. Anthony Catholic Church PAGE 5 increase in storm peak flows up to the 25-year event. The City will require that all new developments resulting in an increase of impervious surfaces provide onsite detention facilities, unless the development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention. The applicant is not proposing construction of any new impervious surface area; therefore no stormwater detention is required. Bikeways and Pedestrian Pathways: Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed bikeways identified on the City's adopted pedestrian/bikeway plan shall include provisions for the future extension of such bikeways through the dedication of easements or right-of-way. There are existing bike lanes on SW Gaarde Street, therefore this criterion is met. Storm Water Quality: The City has agreed to enforce SurFace Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 00-7) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. The applicant is not proposing to construct any new impervious surface area; therefore no water quality treatment is required. Recommendations: THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO A FINAL PROJECT ACCEPTANCE: Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval: . A Public Facility Improvement (PFI) permit is required for this project to cover removal of the driveway, construction of the curb and sidewalk and ENGINEERING COMMENTS CUP2007-00005 St. Anthony Catholic Church PAGE 6 any other work in the public right-of-way. Three (3) sets of detailed public improvement plans shall be submitted for review to the Engineering Department. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement (PFI) permit plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall and the City's web page (www.tigard-or.gov). . The PFI permit plan submittal shall include the exact legal name, address and telephone number of the individual or corporate entity who will be designated as the "Permittee", and who will provide the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. . Prior to a final inspection, the applicant shall complete any work in the public right-of-way and obtain approval from the Engineering Department. Additional right-of-way shall be dedicated to the Public along the frontage of SW Gaarde Street to increase the right-of-way to 38 feet from the centerline. The description shall be tied to the existing right-of-way centerline. The dedication document shall be on City forms. Instructions are available from the Engineering Department. . The applicant shall execute a Restrictive Covenant whereby they agree to complete or participate in the future improvements of SW Gaarde Street adjacent to the subject property, when any of the following events occur: A. when the improvements are part of a larger project to be financed or paid for by the formation of a Local Improvement District, B. when the improvements are part of a larger project to be financed or paid for in whole or in part by the City or other public agency, C. when the improvements are part of a larger project to be constructed by a third party and involves the sharing of design and/or construction expenses by the third party owner(s) of property in addition to the subject property, or D. when construction of the improvements is deemed to be appropriate by the City Engineer in conjunction with construction of improvements - by others adjacent to the subject site. . Tax Lot 2S103CD03300 shall not be permitted to access directly onto SW Gaarde Street. ENGINEERING COMMENTS CUP2007-00005 St. Anthony Catholic Church PAGE 7 . � � . The applicant shall remove the driveway on Tax Lot 2S03CD03300 (between SW 115th and 117t" Avenues) and replace it with curb and sidewalk to match existing curb and sidewalk. . The applicant shall remove a portion of the wrought iron fence to the east of the driveway on SW Gaarde/SW 117th Avenue. The applicant shall remove a portion of the wood split rail fence to the west of this same driveway. This shall be done in order to obtain adequate sight distance from this driveway, in accordance with the engineer's preliminary sight distance certification. . The applicant's engineer shall provide a final sight distance certification after the appropriate fencing has been removed. . The applicant shall install street trees that meet the size and spacing standards of the TDC. ENGINEERING COMMENTS CUP2007-00005 St. Anthony Catholic Church PAGE 8 MAILING / NOTIFICATION RECORDS AFFIDAVIT OF POSTING NOTICE OF A LAND USE PROPOSAL IMPORTANT NOTICE: V THIS AFFIDAVIT MUST BE ACCOMPANIED BY A COPY ° OF THE N�TICE THAT WAS POSTED ON THE SITE. . � , In the i�latter of the Proposed Land L se?�pplicarions for: Land Use File Nos.: CUP2007-00005/VAR2008-00001 Land Use File Name: ST.ANTHONY'S CATHOLIC CHURCH CEMETERY EXPANSION I, Emil� Eng, rlssistant Planner for the Cit� of"I'igard, do affirm that I posted norice of the land use proposal affecting the land located at (state the approximate location(s) IF no address(s) and/or tax lot(s) currently registered) �j�l��.e S�-+- � -�_S I C: �3 �- �, i �J, (�.� 3y C G and � � did personally post norice of the Public Hearing on the proposed land use applicarion(s) by means of weatherproof posting in the general t-icuut�- of the affected territory, a copy of said notice being hereto attached and by reference made a part hereof,on the �day of �� ,20 � . � � Si a on Who Pe d P (In the ence of the Notan') (THIS SECTION FOR A STATE OF OREGON,NOTARY PUBLIC TO COMPLETE/NOTARIZE) STATE OF ��=�0� County of w�SN�rJCv7v�� ss. � Subscribed and sworn/affirmed before me on the t S day of F�� ,200� . OFFICIAL SEAL Si11RLE1�L TREAT ,�/ ��' NOTARY PUBUC-OREGON �` ' coMMiss�oN r�o.��a�n NOTARY PU LIC OF OREGON AAY CAI�ISS�ON EXPIRES APF�2s.201� My Commission Expires: ��-�,�( h�\I�,s,nn\Parn�\ma,tcr.\afh�a�it uf P�>s[in};tor applican[to post Public hcaring.doc LI HEARI � N 0 I E F PU B C N r '1'hc fc�llowing will be cc�nsidcrcci b��the Ti ard Hearin s Officer on Monda Februa 25 2008 at 7:00 PM at the 'I'igard Civic Center - '1 own Hall, 13125 SD(�' Ha v ., Tigar , regon. Both pu �c ora an wntten tesrimony is invited. The public hearin on this matter will be conducted in accordance with the '1'igard Municipal Code and the rules of procedure adopte� by the Council and available at City Hall or the rules of �rocedure set forth in Chapter 18.390. �"estimony may be submitted in writing prior to or at the public hearing or verbally at the public hearing only. I�ailure to raise an issue in person or by letter at some point prior to the close of the hearing accompanied by statements or evidence sufficient to afford the decision-maker an op ortunity to res ond to the issue precludes appeal to the Land Use Board of A�ppeal based on that issue. l�ailure to s�p eci�y the criterion �rom thc Community Development Code or Comprehensive Pian at which a comment is directed precrudes an appeal based on that criterion. A copy of the.application and all documents and evidence submitted by or on behalf of the a plicant and the applicak,_ critcria are available for inspection at no cost. A copy of the staff report will be made available �or inspection at no cost at least seven (7) days prior to the hcaring, and copies for all items can also be prc>vided at a reasonable cost. I�urther information may be obtained from the Planning Division staff contact: Emil En at 13125 SW Hall Blvd., '1'igard, Ore�on 97223, by callin�; 503-639-4171, or by cmail to emil ti ar -or. ov. CONDITIONAL USE PERMIT (CUP) 2007-00005/ADJUSTMENT (VAR) 2008-00001 - ST. ANTHONY'S CATHOLIC CHURCH CEMETERY EXPANSI�N- REQUEST: "1'he applicant is rcyucsting a conditional usc permit to convcrt a 1.51-acrc properry from single-fainily residcntial use to cemetery use. The subject propert�T is a vacant lot of record that once served the single-family home c�n the pro�erty to the west. '1'he existing cemetery is immediately east of thc subjcct lot. "1'he applicant does not proposc anv buildings, removal of any trees or installation of signs. St. �lnthony's Catholic Cemetery is proposing that the subject lot be used for reli�ious burial � human remains so that it may continue to offer the service. '1'he proposed use is a conditional use in the R-4.5 zone, requiring a public hearing. The applicant has also requested approval for an �ldjustment to the minimum spacing standard of driveways and streets along an arterial because the proposed driveway does not meet the 600-foot spacing standard. There is a street intersection (SW 117th 1�venue) direcdy across from the proposed driveway. LOCATION: North side of SW Gaarde Street between SW 115�" Ave and SW 118th r,ve, ncighboring and west of the exisring cemetery at 11585 SVU Gaarde Street; Washington County "1'ax Map 2S103CD, 7'ax Lot 3400. ZONE: R-4.5: Low Density Rcsidential. "I'he K-4.5 zoning district is desi�,med 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 percnitted conditionally. Some civic and institurional uses are also permitted conciitionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.360, 18.370, 18.390, 18.510, 18.705, 18.725, 18.745, 18.755, 18.765, 18.780, 18.790, 18.795 and 18.810. ��_ �� _ � -- �� , . - . GE(1GRAPMIC IN�ORMATION SYSTEM � - `' AREA NOTIFIED I -- - , ____�500') _____ __ �-__ FAIRHAV6 FOR: CUP2007-00005 � � I �ry�.�' — _� mue�.�� - G __ RE: 2S103CD, 3400 -- - ---------------- ��' NCI�NI� pC11q ri1pHIpN ---------------- - �"°'~" Updated Mailing List - - _ - - —_ �__� —1- I maw�M� �� °��aen�� I � � WHIStTLER'S LP '"' p��n� ��■� � w � -I- i -- maa�Nx �� - FAIRVIEW LN I— Q � . - p.q.0 li1NC..,�N li1NC..1iM , �, �.. �p„ i ,—_ _. manm uiiaanw � pp�� mweam - - --- ' �+�� °" cD na l ,y�,' Property owner information i I` f�Q$� �(��"�'A Q "" _ `-" �`� V�EVVM�U� �s valid for 3 months from pp "pi� ��,,,, � i _ _ , I the date printed on this map. II _——� pC1� T�M�IIKIM � I � }fipq pH1 lilpqQlM � � lilpp�llN lflpNtliM _ ---I I 2i1ptM7l� _ pq� 1 -- __ _ __ _ __ ._.____.-- lIIpNKiN � — - -- � 2ilp�t�flN r pq �\ - r Q vnae�mn ma�cmN pC��6� � I � - lf1pC��7N� t5lpNpiM �tflp�6lflN F. -_ -._ _ �I °" vi ovr�r ��- pa� �- -- - r- - an�s� ! _� tnaa� IrnaKmw - � !�' � aR�E sT —- GAARDE -- ST — —— - GAP �ri„�.�. 1 I �n� , , ,� � — m MN N �,- mrw� � � mn�um� — -- — -- i ��iwu: I tf1Ml�IttN �� w 0 1D0 200 300 400 Feel RE m�M � � __�� ,wu� �« � - _ ___ m�� 1.._286 feet -- m�wunn � xrnuNU� mx�uro� � — � �— C �. � rna�w� — _ �nunM� mxun�n mwu�ne uw�o � - . f/� 1 Information on this map is for general location only and should be verified vnth the�evelopment Services Division. - -� -- — - - 13125 SW Hell Blvd -- — Tigard,OR 97223 (503)639-4171 �_ I� .. _ � _ �. _ . Mtpllw.v.v_ci.lipard.or.us Community Development Plot date Dec 26,2007;C:lmagicVvIAGIC03.APR zs�osc o-oisao 2s��oen-oazoo BARKER DONNA L DIMAGNO EUGENE& 13780 SW FAIRVIEW CT BIRGIT TIGARD, OR 97223 11540 SW COLE LN TIGARD,OR 97224 2S1106A-0770D 25103CD-08300 BLOUIN PAUL F& DOHERTY THOMAS A JR SULLIVAN SHELLEY S 13855 SW 118TH CT 11591 SW COLE LN TIGARD,OR 97223 TIGARD, OR 97224 2S110BA-08000 2S103CD-00800 BRANSON BRENDA DUNCAN PATRICIA A 11501 SW COLE LN 11575 SW FAIRVIEW LANE TIGARD, OR 97223 TIGARD,OR 97223 2 S 103C D-07900 2S 103C D-06800 BRUTCHER JACK L&MARTI E EMRY LLOYD L LUELLA M 13695 SW 118TH CT 11655 SW FAIRVIEW LN TIGARD, OR 97223 TIGARD,OR 97223 2S1106A-07600 2S103CD-0320D CHARBONEAU JOHN M&JILL L EVES PATRICK D& 11601 SW COLE LN CRAMER TRINISE L TIGARD, OR 97224 13815 SW 115TH AVE TIGARD,OR 97223 2S1106A-00400 2S103CD-02900 CLARK DARREL&DEBORAH J FARVAN FERESHTEH NATASHA REVOC 14100 SW 117TH AVE BY FERESHTEH NATASHA FARVAN& TIGARD, OR 97224 MOHAMMAD HOSSEIN DAIISADEGHI TRS 23023 SW 112TH AVE SHERWOOD,OR 97140 2 S 103C D-07300 2 S 110 BA-08400 CORNELL WILLIAM M 8� FIELD SCOTT F 8�DONNA E HORNSHUH KAREN L 14170 SW 116TH TER 13830 SW 118TH CT TIGARD,OR 97224 TIGARD,OR 97223 2S110A6-04800 2S1106A-07900 DEAVER PHILLIP E&CONSTANCE J FLOWERS JAKE&JUDITH 11488 SW COLE LN 11541 SW COLE LN TIGARD,OR 97224 TIGARD,OR 97224 2S110BA-01200 2S1106A-09300 DEHAAN ROBERT&GAIL FRISIRAS CHRIS T& 14105 SW 117TH AVE FRISIRAS CHRISTINE M TIGARD,OR 97224 14055 SW 116TH TER TIGARD,OR 97224 2S 103CD-01000 251108A-01700 DEXHEIMER MONICA G FURMAN LINDA JEAN 11615 SW FAIRVIEW LN PO BOX 23202 TIGARD,OR 97223 TIGARD,OR 97224 2S103C D-05800 2S103CD-01600 GARNER LOREN G 8 PATRICIA A HOLT DARCI L 8�ROY S 11630 SW FAIRVIEW LN 13755 SW FAIRVIEW CT TIGARD, OR 97223 TIGARD,OR 97223 2S 103C D-01 S00 2 S 110 BA-00500 GREEN DENNIS L AND HURD LYNN C&SUSAN J KASHMIR CHRIS 14145 SW 117TH AVE 13785 SW FAIRVIEW CT TIGARD,OR 97223 TIGARD, OR 97223 2S110BA-08100 2S110BA-01100 GRIEB CAMERON&TRICIA HURD SUSAN J 11532 SW COLE LN 14145 SW 117TH TIGARD, OR 97224 TIGARD,OR 97224 2S 103C D-07100 25103C D-08500 GROVER JERRY AND JUDY M HUTSELL PHYLLIS J 13890 SW 118TH CT 13925 SW 118TH CT TIGARD, OR 97223 TIGARD,OR 97223 2S103DC-05100 2S103CD-02400 GUSTAFSON ROGER R JAMES JOHN R&JUDITH A DIXIE M 13755 SW 116TH PL 13880 SW 115TH TIGARD,OR 97223 TIGARD, OR 97223 2S 103DC-05200 2S110BA-00390 HARRINGTON CHARLES A III 8 JAMSHED SINA M HARRINGTON NANCY 14040 SW 117TH AVE BY MELANIE HARRINGTON TIGARD,OR 97224 2221 NE 139TH CIR VANCOUVER,WA 98686 2S103DC-01300 2S103CD-07000 HEGAR ROBERT W KAMBERGER ANNE C 12720 SW 60TH CT 13930 SW 118TH COURT PORTLAND,OR 97219 TIGARD,OR 97223 2 S 103C D-01400 2S 103C D-02100 HEYDLAUFF GLORIA J KANGAS ARLEY E 13715 SW FAIRVIEW CT 16875 NW TORREY PINES CT TIGARD, OR 97223 BEAVERTON,OR 97006 2s i�oaa,-o�oaa 2S 103CD-07400 HICKOK WILLIAM H&SHARON K KLETTKE FAMILY TRUST 14185 SW 117TH BY RICK UN RENEE KLETTKE TRS TIGARD, OR 97224 13800 SW 118TH CT TIGARD,OR 97223 2 S 103C D-03000 2S 103C D-07600 HILL DALE& LAMET DANIEL G&VERNA LUCY 11705 SW TERRACE TRAILS DR 11540 SW FAIRVIEW LN TIGARD,OR 97223 TIGARD, OR 97223 2S103CD-02200 2S103C D-08100 LINDERMAN WALTER 8 OFFIELD HAROLD L&LAURIE J KATHLEEN S 13755 SW 118TH CT 13730 SW FAIRVIEW CT TIGARD,OR 97223 TIGARD, OR 97223 2S103CD-03701 2S1106A-08300 LINN GARY D/ELAINE J O'GORMAN ROBERT W& 11805 SW GAARDE O'GORMAN KAREN A TIGARD, OR 97224 14130 SW 116TY TER TIGARD,OR 97224 2S103CD-01700 2S103CD-02600 LUDES GREG J& OHMAN MICHAEL D&LISA LYONS JENNIFER 13780 SW 116TH PL 13775 SW FAIRVIEW CT TIGARD,OR 97223 TIGARD, OR 97223 2S 110 BA-01400 2S 103C D-00600 MANZO DILVA EDITH OLIVEIRA JOSEPH K AND 11720 SW GAARDE ST STEPHANIE F TIGARD,OR 97224 11535 SW FAIRVIEW LN TIGARD,OR 97223 2S 103C D-02700 2S 110BA-01900 MAYBERRY LOIS I OLSEN JOHN W 8�FLORENCE M BY IRENE M BIGSBY POA 11760 SW GAARDE ST 114 N 117TH ST TIGARD,OR 97224 OMAHA, NE 68154 2S1106A-09100 110BA-01800 MCANINCH KEVIN S&HELEN V OL JO W&FLORENCE M 14165 SW 116TH TER 11760 AARDE ST TIGARD,OR 97224 T RD,OR 7224 2S103CD-02500 1106A-0150 MCLAUGHLIN WILLIAM S& OL N J N W&FLORENCE M VOYTKO JENNIFER F 1176 W GAARDE ST 13775 SW 116TH PL T ARD, 97224 TIGARD, OR 97223 2S103CD-03100 2S103DC-05300 MCQUILLAN JOHN R III OLSON STEVEN G 8 CATHY B 11520 SW FAIRVIEW LN 13820 SW 115TH AVE TIGARD,OR 97223 TIGARD,OR 97223 251108A-00600 2S103CD-05000 MILLER CARL T POOR KATHLEEN MARIE SIBYLLA R 11690 SW TERRACE TRAILS DR 14190 SW 117TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S110BA-09200 2S103CD-03800 M05S JAMES A& PORTER HERMAN KATHLEEN L 11875 SW GAARDE ST 14127 SW 116TH TER TIGARD,OR 97224 TIGARD,OR 97224 2S103C D-02000 2S103CD-08000 POWELL FLORENCE A TRUSTEE SCHIEBOLD HANS 8�SHARON R TRUST 13770 SW FAIRVIEW CT 13705 SW 118TH CT TIGARD,OR 97223 TIGARD,OR 97223 103C D-08600 2S 103C D-07500 Q RA CORPORATION THE SCOLES HARRY C&BARBARA HA RN BUSINESS CENTER 13750 SW 118TH CT TIGARD,OR 97223 103CD-08700 2S110BA-02000 QU RA ORPORATION THE SETNIKER JOHN WILLIAM ESTATE OF HA N BUSINESS CENTER MARCY L SETNIKER PERS REP 6103 N VANCOUVER AVE PORTLAND,OR 97217 2S1106A-00100 2S103DC-05500 QUANDT LINDA J SHARP MARION L& 11500 SW COLE LN BAKER DELMAS L TIGARD, OR 97224 13780 SW 115TH AVE TIGARD,OR 97224 25103DC-05400 2S110AB-04200 RIVERA ROBERT K AND SHUEY NEIL E/DONNA M GEORGENIA H 13895 SW BOXELDER ST 13800 SW 115TH TIGARD,OR 97223 TIGARD,OR 97223 25110BA-09000 2S103CD-00700 ROBERTS SCOTT J&JOYCE M SILLER FRANK 14195 SW 116TH TER MULLER CHERYL TIGARD, OR 97224 11555 SW FAIRVIEW TIGARD,OR 97223 2S 103C D-00900 2S 103C D-06900 ROBINSON RICHARD L 8 RUTH E SMITH CHRISTIAN I&EMILY M 10336 SW SUSQUEHANNA DR 11635 SW FAIRVIEW LN TUALATIN, OR 97062 TIGARD,OR 97223 2S 103C D-03300 2 S 103C D-02300 ROMAN CATHOLIC ARCHBISHOP OF SMITH MICHAEL B&ELIZABETH E PORTLAND IN OREGON 13735 SW 116TH PL 2838 E BURNSIDE TIGARD,OR 97223 PORTLAND, OR 97214 103CD-03400. 2S103CD-01300 RO C OLIC ARCHBISHOP OF SPANG ADAM T& PORT IN OREGON SPANG JESSICA I 28 BU SIDE 13705 SW FAIRVIEW CT ORTLAND, O 97214 TIGARD,OR 97223 2S 103C D-07700 2S 103C D-03600 RONE CLIFFORD G AND SPENCER PHILLIP C&LORINDA C CHARMINE L 11765 SW GAARDE 11715 SW TERRACE TRAILS DR TIGARD,OR 97224 TIGARD,OR 97223 2S103C D-07600 2S1108A-07800 STEWART WILLIAM R AND LORENA R TRUAX TAMI L 8 HERB M 13700 SW 118TH CT 11571 SW COLE LN TIGARD,OR 97223 PORTLAND,OR 97224 2S 103C D-08200 2 S 103C D-03500 SWANK GERALD W&CLARICE JEAN TURNBULL VENITIA M TRUSTEE FAMILY TRUST 11735 SW GAARDE BY SWANK GERALD W/CLARICE JEAN TIGARD,OR 97224 13805 SW 118TH CT TIGARD, OR 97223 2S 103 DC-05600 2S 103C D•02800 TAMASAKA GARY 8 JEAN VATERNICK GEORGE P& 13750 SW 115TH AVE CAROLYN A TIGARD, OR 97223 13855 SW 114TH AVE TIGARD,OR 97223 251106A-01600 2S103DC-05000 TERRY THOMAS R WALKER GORDON V AND 11746 SW GAARDE ST SUSAN B TIGARD, OR 97224 13900 SW 115TH TIGARD,OR 97223 2 710BA-00301. 2S103CD-015D0 TIG OF WEBER MICHAEL J&ROBERTA K 1312 ALL BLVD 13735 SW FAIRVIEW CT T ARD, OR 97223 TIGARD,OR 97223 2 110BA-09500 2S110BA-01300 TIG D OF YOUNG ROBERT W 8 HAZEL G 131 HALL BLVD 11700 SW GAARDE ST GARD,O 223 TIGARD,OR 97224 1106A-09400 TIG D CIT F 13125 LL BLVD TI D,OR 7223 • 103CD-0720 TI D Y OF 131 HALL BLVD T ARD,O 97223 2 03CD-08400 TIG OF 1312 HALL BLVD ARD,O 97223 103CD-057 TI RD Y OF 1312 HALL BLVD T RD, 97223 Brooks Gaston 3206 Princess Edinburg, TX 78539 Don & Dorothy Erdt 13760 SW 121 st Avenue Tigard, OR 97223 Ellen Beilstein 14630 SW 139th Avenue Tigard, OR 97224 Martha Bishop 10590 SW Cook Lane Tigard, OR 97223 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 121 st Avenue Tigard, OR 97223 John Frewing 7110 SW Lola Lane Tigard, OR 97223 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 rITV AC TIGARII _ fLAITRAI INTLRL(TGII GARTILC I�•��..i.,��e+��nll�holcl(�IT�`on4rnl rinn\ I IDIIATCfI• 1'J nn�.._n� " . � . :��- . ��,�,� � �-f CITY OF TIG�►RD � � COMMLTNITY DEVELOPMENT DEPARI�NT ,� PLANNING DIVISION 13125 S W HALL BOULE VARD = TIGARD, OREGON 97223 PHONE: 503-639-4171 FAX: 503-624-3651 (Attn: Patty/Plannulg) EMAIL: pa tigard-orgo�� REQUEST FOR 500-FOOT PROPERTY OWNER MAILING LIST Property owner inf ormation is valid f or 3 months f rom the date of your request INDICATE ALL PROJECT MAI' &TAX LOT NUMBERS (i.e. 1S134AB, Tax Lot 00100) OR TT� ADDRESSES FOR ALL PROJECT PARCELS BELOW: PLEASE BE AWARE THAT ONLY 1 SET OF LABELS WILL BE PROVIDED AT THIS TIME FOR HOLDING YOUR NEIGHBORHOOD MEETING. After submitting your land use application to the City, and the project planner has reviewed your application for completeness, yc�u will be notified by means of an incompleteness letter to obtain your 2 final sets of labels. IF YOU HAVE BEEN NOTIFIED BY PLANNING TO OBTAIN YOUR LABELS, PLEASE INDICATE THAT YOU NEED 2 SETS OF LABELS. The 2 final sets of labels need to be placed on envelopes (no self-adhesive envelopes please) with first class letter- rate postage on the envelopes in the form of postage stamps (no metered envelopes and no return address) and resubmitted to the City for the purpose of providing notice to property owners of the proposed land use application and the decision. The 2 sets of envelopes must be kept separate. The person listed below will be called to pick up and pay f or the labels when they are ready. NAME OF CONTACT PE RS ON: PHONE: NAME OF COMI'ANY: FAX: EMAIL: This request may be emailed, mailed, f�ed, or hand delivered to the City of Tigard. Please allow a 2-day m;n;mum for processing requests. Upon completion of your request, the contact person l�sted will be called to pick up their request that will be placed in "Will Call" by the comp any name (or by the contact person's last name if no company) at the Plaruling/Engu�eering 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-deternlined. 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 tc print one set of labels by the number of sets requested. - EXAMPLE - - COST FOR THIS REQLTEST - , 4 sheets of labels x$2/sheet = 8.00 x 2 sets = $16.00 �heet(s)of labels x$2/sheet =$l� x �� sets = / —��-�`�>,C,' 1 sheets of labels x$2/sheet for interested panies x 2 sets= $ 4.00 �sheet(s)of labels x$2/sheet for interested panies =�x / sets = �,/1� GENERATE LIST = $11.00 — TOTAL = $31.00 TOTAL ��afl 2S103C D-03400 ROMAN CATHOLIC ARCHBISHOP OF PORTLAND IN OREGON 2838 E BURNSIDE / � PORTLAND,OR 97214 /.,1 /�� G+' l UGv�2� �C �� AFFIDAVIT OF MAILING - �� I, Patricia L. Lunsford bein� first duly sworn/affirni, on oath depose and say that I am a Planning Administrative Assistant for the City of�I'iga ,Washington County,Oregon and that I served the following: �t ht�k r1pP^4'rinr&�x6v)&k�w; ❑X NOTTCE OF PUBLIC HEARING FOR CUP2007-00005/VAR2008-00001 - ST.ANI'HONY'S CATHOLIC Q�URC�-I CEMETERY EXPANSION (File NolNart�e Reference) � AMENDEDNOTIl� HEARING BODY: HEARING DATE: ❑ City of T"igard Plannu�g Director � T"igard Heanngs Officer (2/25/2008) ❑ Tigard Plannuig Corrun�ssion ❑ T'igarci Caty Council A copy of the said notice being hereto attached,marked Exhibit"A",and by ref erence 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 Febn�ary 4,2008,and deposited in the United States Mail on Febn.iary 4,2008,postage prepaid. / � �� ecson ared ' e STATE OF OREGON County of Washington ss. City of Tigard � Subscribed and swom/affinned before me on the �`�"� dayof �� ,2008. o�tc�n�s� S1NRI.EY L TREAT NOTARY PUBLIC-ORE(iON �' �r ° COMMISSiON NO.a�8777 � ��L . ��-/' MY COMMISSION EXPIRES APRIL 25,2011 NOTARY P I.IC OF OREGON My Coirinvssion Expires: 4��5�� EXHIBI A NOTIC� TOMORTGAG�E,__ENHOLDER,VENDORORSL_LER THE TIGARD DEVELOPMENT�DE REQUIRES THATIF YOU REC�IVE TE-IIS NOTTCE, �� IT SHAL.I_BE PROMP'iT_Y FORWARDED TO THE PLJRC�I-IASER PUBLIC HEARING N�TICE NOTTC� IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETTNG ON MONDAY FEBRUARY 25, 2008 AT 7:00 PM, IN T'F-IE TOWN HALL OF 'I'I� 'TIGARD QVIC C�NTER AT 13125 SW HALL BOULEVARD,TIGARD,OREGON 97223 WILL GONSIDER"I� FOLLOWING APPLICAT'ION: FILE NOS.: CONDITIONAL USE PERMIT (CUP) 2007-00005 �Jus�N'r (v�x) Zoog-0000i FILE TITLE: ST. ANTHONY'S CATHOLIC CHURCH CEMETERY EXI'ANSION APPLICANT'S APPLICANT: St. Anthon�s Catholic Cemetery REP.: Plannulg Resources,Inc. Attn: A1 Tabayoyon Attn:Dan Jung 9905 SW McKenzie Street 7160 SW Fir Loop,Suite 201 Tigard, OR 97223 Portland,OR 97223 OWNER Roman Catholic Archbishop of Portland in Oregon, and Successors,a Corporate Sole 2838 E Burnside Ave Portland,OR 97214 REQUEST: The applicant is requesting a conditional use permit to convert a 1.51-acre property from single-family residential use to cemetery use. The subject properry is a vacant lot of record that once served the single-family home on the properry to the west. The existing cemetery is immediately east of the sub?'ect lot. The applicant does not propose any buildings, removal of any trees or installation of signs. St. Anthon�s Catholic Cemetery �s proposulg that the subject lot be used for religious burial of human remains so that it may continue to offer the service. The proposed use is a conditional use in the R 4.5 zone, requu7ng a �ublic hearing. The applicant has also requested approval for an Adjustment to the m�n�muCn spacing standard of driveways and streets along an arterial from 600 feet to 417 feet. LOCATION: North side of SW Gaarde Street between SW 115`�' Ave and SW 118`f' Ave, neighboring and west of the existing cemetery at 11585 SW Gaarde Street; Washington County T� Map 2S103C�,Tax Lot 3400. ZONE: R 4.5: Low Densi Residential. The R 4.5 zoning district is designed to accommodate detached single-f 'y homes with or without accessory residential units at a muurnum lot size of 7,500 square feet. Duplexes and attached single-family units are pernutted conditionally. Some civic and institutional uses are also pernutted conditionally. APPLICABLE RE VIE W CRITERIA: Community Development Code Cliapters 18.330, 18.360, 18370, 18.390, 18.510, 18.705, 18.725, 18.745, 18.755, 18.765, 18.780, 18.790, 18.795 and 18.810. TI� PUBLIC HEARING ON T�-IIS MATTER WILL BE CONDUCI'ED IN ACCORDANCE WITH THE RULES OF CHAl'T'ER 18.390 OF THE C;OMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURES ADOPTED BY THE TTGARD QTY COUNQL AND AVAILABLE AT QTY HALL. ASSISTTVE LISTENING DEVIC�S ARE AVAILABLE FOR PERSONS WITH IMI'AIRED HEARING. 7'HE Q7'Y WILL ALSO ENDEAVOR TO ARRANGE FOR QUAL.IFIED SIGN LANGUAGE INTERPRETERS AND QUAI.IFIED BIL.INGUAL IN'I'ERPRETERS UPON REQLJEST. PI.EASE CALL (503) 639-4171, EXT. 2438 (VOICE) OR (503) 684-2772 (TDD- TELECOMMLJI�iICATIONS DEVIC�S FOR THE DEAF�NO LESS THAN ONE WEEK PRIOR TO'IT�E HEARING TO MAKE ARRANGEMENT'S. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON T�IIS PROPOSED ACITON MAY DO SO IN WRIT'ING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTTMONY MAY BE PRESENTED AT THE PUBL.IC HEARING. AT THE PUBLIC HEARING, THE HEARINGS OFFIC�R WILL RECEIVE A STAFF REPORT PRESENTATTON FROM THE QTY PLANNER,OPEN"IT-� PUBLIC HEARING,AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE HEARINGS OFFICER MAY CONT'INUE THE PUBLIC HEARING TO ANOT'HER MEETTNG TO OBTAIN ADDITIONAL INFORMATION OR Q,OSE T�-�E PUBLIC HEARING AND TAKE ACI'ION ON Tf� APPLICA7TON. IF A PERSON SUBMITS EVIDENC� IN SUPPORT TO Tf-IE APPLICATTON LESS THAN SEVEN (7) DAYS PRIOR TO TT�E PUBLIC HEARING,ANY PARTY IS ENTTTLED TO REQUEST A CON'ITNUANCE OF T'HE HEARING. IF Tf-IERE IS NO CON7TNUANCE GRANTED AT THE HEARING,ANY PARTTQPANI'IN T'HE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER Tf-�E HEARING. A REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT'I'I� FIRST EVIDENTIARY HEARING(ORS 197J63(6). INQ,UDED IN T�-IIS NOTTCE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO 'IT-� REQUEST FROM THE TIGARD COMMUI�IITY DEVELOPMENT CODE AND T'HE TTGARD COMI'REHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF T'HE REQUEST BY THE HEARINGS OFFIC�R WILL BE BASED UPON THESE QtITERIA AND T'HESE C�IT'ERIA ONLY. AT THE HEARING IT IS IMI'ORTANT THAT OONIIvIENTS RELA7TNG TO THE REQUEST PERTAIN SPEQFICALLY TO Tf-�APPLICABLE C�ITERIA LISTED. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO Tf-�E Q,OSE OF THE HEARING ON Tf-�E REQUEST AOOOMI'AI�IIED BY STATEMENTS OR EVIDENC� SUFFIQENT TO ALLOW THE HEARINGS AUTHORI'TY AN OPPORTUI�IITY TO RESPOND TO TF�ISSUE PREQ.UDES AN APPEAL TO THE LAND LJSE BOARD OF APPEALS BASED ON THAT ISSLJE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN'I'HE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECITON AT NO OOST OR COPIES CAN BE OBTAINED FOR TVUENTY-FIVE CENTS (25�) PER PAGE, OR TF-IE CURRENT RATE Q-�ARGED FOR COPIES AT 7'HE TTME OF 'THE REQLJEST. AT LEAST SEVEN (7) DAYS PRIOR TO 'IT� HEARING,A COPY OF`I'f-�E STAFF REPORT WILL BE AVAILABLE FOR INSPECITON AT NO COST,OR A COPY CAN BE OBTAINED FOR'I'WENTY-FIVE C�NTS (25C) PER PAGE, OR T'F-IE CURRENT RATE C��ARGED FOR COPIES AT '1� TTME OF'I'HE REQUEST. FOR FURTf-�ER INFORMA7TON PLEASE CONTACT T'HE STAFF PLANNER EMILY ENG AT 503.639.4171, TTGARD QTY HAI_L, 13125 SW HALL BOULEVARD,TIGARD,OREGON 97223,OR BY E-MAIL TO emily(c�tigarci-or.go��. . _ — - � � ,_ �i� irvin ni�r - �y�r' `�.1 � � r��I� -___ F�'_� - �F�i�I-I_u�� _ni wi n y` ST..�Ni'fA.IN�"ti : �:_�THt.�LI� '��HI,Rr.}I - �.E\[ETERI' �isrieRS�P y E1P.jNcIC�N � /�FAIRV�IEW�N � � ,_�.�`y '� j :I .r� LEGEND�. *� SUBJECT � = SITB � , � t _� ` � � , o �-��5, � ; � � �: � �� ,I� . -M1,t � � - � — �3 / .., �>. \ n m. . �x�viw-r.+ . EXH i B IT� Roman Catholic Archbishop of Portland in Oregon CUP2007-00005 2838 E. Burnside ST.ANTHONY'S CATHOLIC CHURCH Portland, OR 97214 CEMETERY EXPANSION Roman Catholic Archbishop of Portland in Oregon, And Successors, a Corporate Sole 2838 E. Burnside Portland, OR 97214 St. Anthon�s Catholic Cemetery Attn: Al Tabayoyon 9905 SW McKenzie Street Tigard, OR 97223 Planning Resources,Inc. Attn: Dan Jung 7160 SW Fir Loop, Suite 201 Portland, OR 97223 2S103C D-01900 2S110BA-08200 BARKER DONNA L DIMAGNO EUGENE 8 13780 SW FAIRVIEW CT BIRGIT TIGARD, OR 97223 11540 SW COLE LN TIGARD,OR 97224 25�108A-07700 2S103CD-08300 BLOUIN PAUL F 8 DOHERTY THOMAS A JR SULLIVAN SHELLEY S 13855 SW 118TH CT 11591 SW COLE LN TIGARD,OR 97223 TIGARD, OR 97224 2S110BA-O6000 2S103CD-00800 BRANSON BRENDA DUNCAN PATRICIA A 11501 SW COLE LN 11575 SW FAIRVIEW LANE TIGARD, OR 97223 TIGARD,OR 97223 2 S 103 C D-07900 2S 103C D-06800 BRUTCHER JACK L 8 MARTI E EMRY LLOYD L LUELLA M 13695 SW 118TH CT 11655 SW FAIRVIEW LN TIGARD, OR 97223 TIGARD,OR 97223 2S1106A-07600 2S103CD-03200 CHARBONEAU JOHN M&JILL L EVES PATRICK D& 11601 SW COLE LN CRAMER TRINISE L TIGARD,OR 97224 13815 5W 115TH AVE TIGARD,OR 97223 2S1108A-00400 2S103CD-02900 CLARK DARREL&DEBORAH J FARVAN FERESHTEH NATASHA REVOC 14100 SW 117TH AVE BY FERESHTEH NATASHA FARVAN& TIGARD, OR 97224 MOHAMMAD HOSSEIN DAIISADEGHI TRS 23023 SW 112TH AVE SHERWOOD,OR 97140 2 S 103C D-07300 2 S 110 BA-08400 CORNELL WILLIAM M& FIELD SCOTT F&DONNA E HORNSHUH KAREN L 14170 SW 116TH TER 13830 SW 118TH CT TIGARD,OR 97224 TIGARO, OR 97223 2S110A6-04800 2S110BA-07900 DEAVER PHILLIP E&CONSTANCE J FLOWERS JAKE&JUDITH 11488 SW COLE LN 11541 SW COLE LN TIGARD,OR 97224 TIGARD,OR 97224 2S110BA-01200 2S1106A-09300 DEHAAN ROBERT&GAIL FRISIRAS CHRIS T 8 14105 SW 117TH AVE FRISIRAS CHRISTINE M TIGARD,OR 97224 14055 SW 116TH TER TIGARD,OR 97224 2S103CD-01000 2S110BA-01700 DEXHEIMER MONICA G FURMAN LINDA JEAN 11615 SW FAIRVIEW LN PO BOX 23202 TIGARD,OR 97223 TIGARD,OR 97224 2S103C D-05800 2S103CD-016D0 GARNER LOREN G&PATRICIA A HOLT DARCI L&ROY S 11630 SW FAIRVIEW LN 13755 SW FAIRVIEW CT TIGARD, OR 97223 TIGARD,OR 97223 2 S 103C D-01800 2S 110 BA-00500 GREEN DENNIS L AND HURD LYNN C&SUSAN J KASHMIR CHRIS 14145 SW 117TH AVE 13785 SW FAIRVIEW CT TIGARD,OR 97223 TIGARD,OR 97223 2S110BA-08100 251108A-01100 GRIEB CAMERON 8 TRICIA HURD SUSAN J 11532 SW COLE LN 14145 SW 117TH TIGARD,OR 97224 TIGARD,OR 97224 2S 103C D-07100 2S 103CD-08500 GROVER JERRY AND JUDY M HUTSELL PHYLLIS J 13890 SW 118TH CT 13925 SW 118TH CT TIGARD,OR 97223 TIGARD,OR 97223 2S103DC-05100 2S103CD-D2400 GUSTAFSON ROGER R JAMES JOHN R&JUDITH A DIXIE M 13755 SW 116TH PL 13880 SW 115TH TIGARD,OR 97223 TIGARD,OR 97223 2S103DC-05200 2SitOBA-00390 HARRINGTON CHARLES A III 8 JAMSHED SINA M HARRINGTON NANCY 14040 SW 117TH AVE BY MELANIE HARRINGTON TIGARD,OR 97224 2221 NE 139TH CIR VANCOUVER,WA 98686 2S103DC-01300 2S103CD-07000 HEGAR ROBERT W KAMBERGER ANNE C 1272�5W 60TH CT 13930 SW 118TH COURT PORTLAND, OR 97219 TIGARD,OR 97223 2S103CD-01400 2S103CD-02100 HEYDLAUFF GLORIA J KANGAS ARLEY E 13715 SW FAIRVIEW CT 16875 NW TORREY PINES CT TIGARD, OR 97223 BEAVERTON,OR 97006 251108A-01000 2S103CD-D7400 HICKOK WILLIAM H&SHARON K KLETTKE FAMILY TRUST 14185 SW 117TH BY RICK UN RENEE KLETTKE TRS TIGARD, OR 97224 13800 SW 118TH CT TIGARD,OR 97223 2 S 103C D-03000 2 S 103C D-07800 HILL DALE 8� LAMET DANIEL G�VERNA LUCY 11705 SW TERRACE TRAILS DR 11540 SW FAIRVIEW LN TIGARD,OR 97223 TIGARD, OR 97223 2S 103C D-02200 2S103CD-08100 LINDERMAN WALTER& OFFIELD HAROLD L 8 LAURIE J KATHLEEN S 13755 SW 118TH CT 13730 SW FAIRVIEW CT TIGARD,OR 97223 TIGARD,OR 97223 2S 103C D-D3701 2 S 110BA-08300 LINN GARY D/ELAINE J O'GORMAN ROBERT W 8 11805 SW GAARDE O'GORMAN KAREN A TIGARD,OR 97224 14130 SW 116TY TER TIGARD,OR 97224 2 S 103C D-01700 2S 103C D-02600 LUDES GREG J 8 OHMAN MICHAEL D&LISA LYONS JENNIFER 13780 SW 116TH PL 13775 SW FAIRVIEW CT TIGARD,OR 97223 TIGARD, OR 97223 2S110BA-01400 25103CD-00600 MANZO DILVA EDITH OLIVEIRA JOSEPH K AND 11720 SW GAARDE ST STEPHANIE F TIGARD,OR 97224 11535 5W FAIRVIEW LN TIGARD,OR 97223 2 S 103C D-02700 2 S t 10 BA-01900 MAYBERRY LOIS I OLSEN JOHN W&FLORENCE M BY IRENE M BIGSBY POA 11760 SW GAARDE ST 114 N 117TH ST TIGARD,OR 97224 OMAHA, NE 68154 2S1106A-09100 1108A-01800 MCANINCH KEVIN S&HELEN V OL JO W 8�FLORENCE M 14165 SW 116TH TER 11760 AARDE ST TIGARD,OR 97224 T RD,OR 7224 2S 103CD-02500 110BA-0150 MCLAUGHLIN WILLIAM S& OL N J N W&FLORENCE M VOYTKO JENNIFER F 1176 W GAARDE ST 13775 SW 116TH PL T ARD, 97224 TIGARD, OR 97223 2S 103C D-03100 2S 103 DC-05300 MCQUILLAN JOHN R III OLSON STEVEN G&CATHY B 11520 SW FAIRVIEW LN 13820 SW 115TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S11DBA-00600 2S103CD-05000 MILLER CARL T POOR KATHLEEN MARIE SIBYLLA R 11690 SW TERRACE TRAILS DR 14190 SW 117TH AVE TIGARD,OR 97223 TIGARD, OR 97223 2 S 110 BA-09200 2 S 103C D-03800 MOSS JAMES A& PORTER HERMAN KATHLEEN L 11875 SW GAARDE ST 14127 SW 116TH TER TIGARD,OR 97224 TIGARD, OR 97224 zsiosc�-0200o Zs�osco-oe000 POWELL FLORENCE A TRUSTEE SCHIEBOLD HANS&SHARON R TRUST 13770 SW FAIRVIEW CT 13705 SW 118TH CT TIGARD, OR 97223 TIGARD,OR 97223 103CD-08600 2S103CD-07500 Q RA CORPORATION THE SCOLES HARRY C 8 BARBARA HAW RN BUSINESS CENTER 13750 SW 118TH CT TIGARD,OR 97223 103CD-a8700 251108A-02000 QU RA CORPORATION THE SETNIKER JOHN WILLIAM ESTATE OF HA N BUSINESS CENTER MARCY L SETNIKER PERS REP 6103 N VANCOUVER AVE PORTLAND, OR 97217 25110BA-00100 2S103DC-05500 QUANDT LINDA J SHARP MARION L& 11500 SW COLE LN BAKER DELMAS L TIGARD, OR 97224 13780 SW 115TH AVE TIGARD,OR 97224 2S1030C-05400 2S110A8-04200 RIVERA ROBERT K AND SHUEY NEIL E/DONNA M GEORGENIA H 13895 SW BOXELDER ST 13800 5W 115TH TIGARD,OR 97223 TIGARD, OR 97223 2S1106A-09000 2S103CD-00700 ROBERTS SCOTT J 8 JOYCE M SILLER FRANK 14195 SW 116TH TER MULLER CHERYL TIGARD,OR 97224 11555 SW FAIRVIEW TIGARD,OR 97223 2S103CD-00900 2S103CD-06900 ROBINSON RICHARD L&RUTH E SMITH CHRISTIAN I&EMILY M 10336 SW SUSQUEHANNA DR 11635 5W FAIRVIEW LN TUALATIN,OR 97062 TIGARD,OR 97223 2 S 103 C D-03300 2 S 103C D-02300 ROMAN CATHOLIC ARCHBISHOP OF SMITH MICHAEL B 8 ELIZABETH E PORTLAND IN OREGON 13735 SW 116TH PL 2838 E BURNSIDE TIGARD,OR 97223 PORTLAND, OR 97214 103CD-03400. 2S103CD-01300 RO C OLIC ARCHBISHOP OF SPANG ADAM T 8 PORT IN OREGON SPANG JESSICA I 28 BU SIDE 13705 SW FAIRVIEW CT ORTLAND,O 97214 TIGARO,OR 97223 2S 103C D-07700 2 S 103C D-03600 RONE CLIFFORD G AND SPENCER PHILLIP C&LORINDA C CHARMINE L 11765 SW GAARDE 11715 SW TERRACE TRAILS DR TIGARD,OR 97224 TIGARD, OR 97223 2S103C D-07600 2S1106A-07800 STEWART WILLIAM R AND LORENA R TRUAX TAMI L 8 HERB M 13700 SW 118TH CT 11571 SW COLE LN TIGARD,OR 97223 PORTLANO,OR 97224 2 S 103C D-08200 2 S 103C D-03500 SWANK GERALD W 8 CLARICE JEAN TURNBULL VENITIA M TRUSTEE FAMILY TRUST 11735 SW GAARDE BY SWANK GERALD W/CLARICE JEAN TIGARD,OR 97224 13805 SW 118TH CT TIGARD, OR 97223 2 S 103 D C-05600 2S 103 C D-02800 TAMASAKA GARY&JEAN VATERNICK GEORGE P& 13750 SW 115TH AVE CAROLYN A TIGARD, OR 97223 13855 SW 114TH AVE TIGARD,OR 97223 2S1106A-01600 2S103DC-05000 TERRY THOMAS R WALKER GORDON V AND 11746 SW GAARDE ST SUSAN B TIGARD,OR 97224 13900 SW 115TH TIGARD,OR 97223 2 1106A-00301. 2S103CD-Ot 500 TIG OF WEBER MICHAEL J 8 ROBERTA K 1312 ALL BLVD 13735 SW FAIRVIEW CT T ARD, OR 97223 TIGARD,OR 97223 2 110BA-09500 2S110BA-01300 TIG D OF YOUNG ROBERT W&HAZEL G 131 HALL BLVD 11700 SW GAARDE ST GARD,O 223 TIGARD,OR 97224 11DBA-09400 TIG D CIT F 13125 LL BLVD TI D, OR 7223 • 103CD-0720 TI D Y OF 131 HALL BLVD T ARD, O 97223 2 osc�-oaaoa- TIGA OF 1312 HALL BLVD ARD, O 97223 103C D-057 TI R� Y OF 1312 HALL BLVD T RD, 97223 , . Brooks Gaston 3206 Princess Edinburg, TX 78539 Don & Dorothy Erdt 13760 SW 121 st Avenue Tigard, OR 97223 Ellen Beilstein 14630 SW 139�h Avenue Tigard, OR 97224 Martha Bishop 10590 SW Cook Lane Tigard, OR 97223 Vanessa Foster 13085 SW Howard Drive Tigard, OR 97223 Susan Beilke 11755 SW 114�h Place Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 Patricia Keerins 12195 SW 121 st Avenue Tigard, OR 97223 John Frewing 7110 SW Lola Lane Tigard, OR 97223 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 f ITV AC TIGAp�I _ fLAITRAI IIJTLRGtTLII GARTI[C l�•��.,,i.,��or��.,�i�tioi��riT r�..f.�i .+.,..i i ionnTGn• ��_nn�„_nG � � C �N �� ____-� . - . �� ' �`� - VICINITY MAP � / � ' � ---------- N I - � F, CtJI'2007-OOOOS 1.._ � ��_�� ST. ANTHONY'S �.� �� CATHOLIC �ti _ � C�IURCH ; 1-- Q C�ME7'ERY � WHISTLER'S LP � I w EXPANSION �J > FAIRVIEW LN Q � �� f" J � � LEGEND: ROSE VISTA DR - � � a VI � SUBJECT � �- = j SIT'E cn - / _ � w � > - � I � _�,n�sFERrt� Q \ ; � � . . � F�� ' r � � VIEWMOUNT LN ��_-�, _ � r- — . �� " � y, ��Mra��_ ` � Qe�=� �� _ — �� . �I�,T� i--r/f, . � i SW GAARDE ST GAARDE gT � -�- / o„R„� = i�� . _ � �Ecc6ENDR0�� 1 : �� ' ��`�' ,. J � � �i -� � a � I Trgartl nrea Mao _ � W —�- � � c � SW COLE LN N � � W a � �� , � �" � 0 70 140 210 280 350 Feet ~ TREEVIEW CT J �r� 1_ I � �� , � , .W = . - t"=28Fifeet N � � � � � _—� - Q T � JACKIE CT ' .. -,1 � I � _ � I � � �– � Information on this map is for general location only and r. . I should be venfied with tAe Development Services Division. � � - . . 13125 SW Hall Blvd , - w Tigard.OR 97223 I I / � \, � http:/Iwww ci9iga'rd'or.us - -- ---------- — ._,_ _ . --- � __�_-- --------�- — -` Community Development Plot date: Dec 26,2007; C:ImagiclMAGIC03.APR . �.� - r--�•--��-•--- ---•-- - -- � 166' -�,+-�,i� � v i I �`�� i i i I � i i � Y� � ��, -,,an.�- � �� h � �Y,� �� i i �_� I � I �' i � I .��.�. _ _ `` i . �' �::�� ° ' 3400 � /� �� j 65,828 S.F. I I / � I . __ � ._.._.___.....__._...__.. ..__..._.._.____..._---.---__ � � � �� i ._ ..... . _ _ _____.__ __.__�_ ___ / i i �-� i � '�i �'� � � TREE INVENTORY LEGEND �� f' _ , � (.�?EXISIINC pl-97E 7RFE � : � 's+� / � ',.r ��OG � 1 I �oasnwo o�s-s�m� i'� � j � � smcer m¢(r�.cu�nh i i er ��,�� /—i .�� ; Ra�os� ,-��vr� , /�� 1 � I �..� � I I � I I ,� I � i � i r i o i �".�'�``� 1� i � i /I yX � � � / � W � / � � � � � ( ' j � � � � � 166•/' I ?r.,�yt --_.�—=--=I� �� —�� •-- � � . - �, � L• � -y -•- --•��315 -� -------- �� ------------ ----- ----- p—� '' o --!----------- �/�.��(�E ST��.�T �----- -----o--------I------ Q ______' ___________ O (--NORIN `�`` _.__—'—._ '_.'N'—_ _'J� _� � ��D 130� � i 390 I �� /°s�� PRELIM�NARY PLAN� � � � ! SCALE 1" = so' COND/TIONAL USE PERMI T ■■ planning�esourcesinc. ■��ryg; PaMnerships 8 Pe�formance �!��' ��-27-�7 GAARDEST.2S103CD03400 �li! 7180 11N Fr LaDp,Sub 301 $p�8041p2p '°"'°^°.°p 97a' �'861-��F� ST.ANTHONY CHURCH PROJECT.• 07-TAB-508 PUBLIC HEARING ITEM: The following will be considered by the Tigard Hearings Officer on Monday February 25,200� , ?:00 PM at the Tigard Civic Center - Town Hall, 13125 SW�"",,"%lvd., Tigard, Oregon. Both public oral and written testimony is"''invited. CO��IMUNITY The public hearing on this matter will be conducted in accordance SPAPE S �'ith the Tigard Municipal Code and the rules of procedure adopted R by the Council and available at City Hall or the rules of procedure set forth in Chapter 18.390. Testimony may be submitted in writ- 6605 SE Lake Road, Portland, OR 97222• PO ing prior to or at the public hearing or verbally at the public hear- Box 370 • Beaverton, OR 97075 ing only. Failure to raise an issue in person or by letter at some Phone: 503-684-0360 Fax: 503-620-3433 point prior to the close of the hearing accompanied by statements Email: or evidence sufficient to afford the decision-maker an opportunity legaladvertising@commnewspapers.com to respond to the issue precludes appeal to the Land Use Board of Appeal based on that issue. Failure to specify the criterion&om the Community Development Code or Comprehensive Plan at which a A F F I DAV I T O F P U 6 L I CAT I O N comment is directed precludes an appeal based on that criterion. State of Oregon, County of Washington, SS A copy of the application ppall documents aPnp evidence submit- ted by or on behalf of the_a hcant and the a licable criteria are available for inspection at no cost. A copy of the staff report will I, Charlotte Allsop, being the first duly sworn, be made available for inspection at no cost at least seven(7)days depose and say that I am the Accounting prior to the hearing,and copies for all items can also be provided at Manager of The Times (serving Tigard, a reasonable cost. Tualatin & Sherwood), a newspaper of Further information may be obtained from the Planning Division eneral circulation, ublished at Beaverton, in (staffcontact: Emily Eng)at 13125 SW Hall Blvd.,Tigard,Oregon g P 97223, by calling 503-639-4171, or by e-mail to HYPERLINK the aforesaid county and state, as defined by "jnailto:emily@tigard-or.gov"EMILY@TIGARD-OR.GOV. ORS 193.010 and 193.020, that CONDITIONAL USE PERMIT (CUP) 2007-00005/ADNST- City of Tigard MENT (VAR) 2008-00001 ST. ANTHONY'S CATHOLIC Notice of Public Hearing CHURCH CEMETERY EXPANSION TT11085 REQUEST: The applicant is requesting a conditional use permit to convert a 1.51-acre property from single-family residential use to cemetery use. The sub�ect property is a vacant lot of record that once served the single-family home on the property to the west. A copy of which is hereto annexed, was The existing cemetery is immediately east of the sub�ect lot. The published in the entire issue of said applicant does not propose any buildings,removal of any trees or newspaper for installation of signs. St.Anthony's Catholic Cemetery is proposing 1 that the subject lot be used for religious burial of human remains so that it may continue to offer the service. The proposed use is a Successive and consecutive weeks in the conditional use in the R-4.5 zone,requiring a public hearing. The followin issues applicant has also requested approval for an Adjustment to the min- 9 imum spacing standard of driveways and streets along an arterial February 7, 2008 from 600 feet to 417 feet. LOCATION: North side of SW Gaarde Street between SW 115th Ave and SW 118th Ave,neighboring and C�� west of the existing cemetery at 11585 SW Gaarde Street; Wash- ington County Tax Map 2S 103CD,Tax Lot 3400. ZONE: R-4.5: Charlotte Allsop (Accounting M nager) Low Density Residential. ghe R-4.Y zoning district is designed to accommodate detached sin le-famil homes with or without acces- sory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted condition- Subscribed and sworn to before me this ally.. Some civic and inst�tutional uses are also permitted condi- February 7, 2008 tionally. APPLICABLE REVIEW CRITERIA: Community De- C.�-��-'v} velopment Code Chapters 18.330, 18.360, 18.370, 18390, 18.510, � 18.705, 18.725, 18.745, 18.755, 18.765, 18.780, 18.790, 18.795 and 18.810. Publish 2/7/2008 TT11085 NOTA PUBLIC FOR OREGON My commission expires � f - - �'� 1�I , _� _ r . . .. . . uV.�� r_-*- -�" T `�7- r. s� �T-,_ ; 1_.s v�c�Nni n�ei� ��`7=�.`�`�-.` ` �.,� �� ' �yy'r� ��... ! ! , ___;_- -__ Acct#10093001 'Y`'�— �` 1 � �•�,�1 • . _(— �;u�n_W-��uuu� Patty Lunsford OFFICIAL SEAL (��---.�,`r` � i?`�� -'"� r� ��! ' ; ';ST.:�N7710h"�5' SUZETTE I CURRAN 'f� ^M1:'r�`'j`� --'�N�_'i '` � ---� �-'f-1T1 iUI.iC City of Tigard '�,. ,. NOTARY PUBLIC-OREGON �'�e:i% ` � ...,�-1 4� � �'K`�� , 1�� ( � 1�- �J....L. \ —(rE\IE•'[7?Al" 13125 SW Hall Blvd COMMISSION NO.422662 � � --f f� ' ` � \�,�.., ' �•;,��— --�� F:�tr.avstoN � Tigard, OR 97223 ►NV COMMI3SION EXPIHES NOVEMBER 28,201 / ,� � � ; � � `�.�_ �. � (`�--�' t�\,�tr�-ll ,%'`�;��.,�-��'--� ( � i-$� � �' '�� - �, . „ 1 ��;c� Size 2 x 11.25 ~l��"��,�j,�i ' '�tf r/-�..�""'� � `K' � �xJ&.T �.'� r � (�r �--f--� � � Amount Due $ 187.88 .� i �i,(, � � �--. 'remit to address above � ��`'�"�� , } �� , � j ��--t1�-�- �f � o- Y � ' �._.�� ' .qINVWO�tW ;!� �� <✓,,� � _��1!i�'-�;,� � _? L..l�!1� �� i i -,F � , T , ,rt �;.,�-, �� i � 1.�.�_ _.1 �� . ��--� � � �--�- �"`+ �-i-';�_TT, , � !_.. � � � - - t- , , .,,-,� � ., ---� �.r...:I .�. , � , � .. = ._�-- -' � ) -� � � .. i` �__� � k.T'w r . �� AFFIDAVIT OF MAILING - I,Patricia L. Lunsford, being first dulysworn/affimi,on oath depose and saythat I am an Administrative Assistant for the City of Tigard, Washington County,Oregon and that I served the following: ;(hv k.�rymq.�iui��R,.r[.)H.�4�a-i ❑x NOTTCE OF FINAL ORDER FOR CiJP2007-00005/VAR2008-00001 - ST. ANT�30NY'S CATHOLIC Q�URC�II C�METERY EXPANSION (File No./Nartr Rcfcrencc) � AMENDEDNOTICE HEARING BODY: HEARING DATE: ❑ City of T'igard Plaruluig Director � T'igard Heanngs Officer (2/25/2008) ❑ Tigard Plannuig Comrrvssion ❑ T'igard Caty Council A copy of the said notice being hereto attached,marked E xhibit"A",and by ref erence 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 byreference made a part hereof,on March 12,2008, and deposited in the United States Mail on March 12,2008,postage prepaid. ` � � �� (Person that P ared otice) STATE OF ORE GON County of Washington ss. City of Tigard � Subscribed and sworn/affirmed before me on the �� dayof '�� ,2008. OFFiCIAL SEAL � SHIRLEY L TREAT `. ; N�TARY PURLIC•ORE(3ON OTARY PUBLIC OF OREGO COMMI;.�; ��: No.a�s�n �f/�--��I YY COMMISSION EXPIRES APRIL 25,20�t My Commission E�ires: � 120 DAYS =3/20/2008 EXH I B IT_.A,.. - DATE OF FILING: 3/7/2008 0� DATE MAILED: 3/12/2008 � CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER Case Numbers: CONDITIONAL USE PERMIT CUI' 2007-00005 AD USTTv�NT VAR 2008-00001 Case Name: ST. ANTHONY'S CATHOLIC CHURCH CEMETERY EXI'ANSION Applicant's Name/Address: St. Anthon s Catholic Cemete 9905 SW McKenzie Street Ti ard OR 97223 Owner's Name/Address: Roman Cat o �c Arch is o o Port an in Ore on an Successors a Co orate Sole 2838 E. Burnsi e Avenue ortland OR 97214 Address of Propeny: On the north side o SW Gaarde Street between SW 115 Avenue &SW 118 Avenue nei orin an west o t e e�stin cemete at 11585 SW Gaar e Street. Tax Ma /Lot Nos.: Washin on Co. Tax Assessor's Ma No.2S 03C� Tax Lot 3400. A FINAL ORDER INCORPORAT'ING THE FACTS, FINDINGS AND GONQ.USIONS APPROVING A RE�UEST FOR A GONDITTONAL USE AND AN ADJUS'I'Iv1ENT,'THE Q'1 Y OF 7TGARD HEARINGS OFFICER HAS REVIEWED 'I� APPLICANT'S PLANS, NARRATTVE, MAT'ERIALS, CONIIv1ENTS OF REVIEWING AGENQES, T'HE PLANNING DIVISIONS STAFF REPORT AND RECOM1vIENDATIONS FOR Tf-� APPLICATTON DESC�IBED IN FURTHER DETAIL IN TT� STAFF REPORT. THE HEARINGS OFFICER HELD A PUBLIC HEARING ON FEBRUARY 25, 2008 TO REC�IVE TESTTMONY REGARDING Tf-IIS APPLICA7TON. T�-IIS DEQSION HAS BEEN BASED ON THE FACTS, FINDINGS AND G�NQ.USIONS CONTAINED WIT�-IIN TI--IIS FINAL ORDER Reques� ➢ The applicant requested approval for a conditional use pernzit to convert a 1.51-acre property from s�ngle-family residentia7 use to cemetery use. The subject property is a vacant lot of record that once served the sin le-family home on the proPeny to the west. The e�sting cemetery �s unmediately east of the subject lot. The app�cant does not propose any buiIdings, removal of any trees or installation of signs. St. Anthon�s Catholic Cemetery is proposing that the sub�ect lot be used for religious burial of human remau�s so that it may continue to offer the service. In addition, the applicant requested a proval for an Adjustment to the access sp�a�cing standard for an arterial from 600 feet to 417 feet. At the February 2�, 2008_public hearing, the Hearings Officer held the record open for one week to allow the applicant and city statf to discuss options for driveway access to Gaarde Street, then approved this request, subject to modified conditions of approval contained within this final order. Zone: R 4.5: Low Density Residential. A licable Review Criteria: Community Development Code Chapters 18.330, 18360, 18370, 18.390, 18.510, 18.705, 18.7 , 18.745, 18.790, 18.795 and 18.810. Action: ➢ ❑ Approval as Requested � Approval with Conditions ❑ Denial Notice: Notice was published in the newspaper and mailed to: 0 Owners of Record within the Required Distance � Affected Government Agencies ❑x Interested Parties � The Applicants and Owners The adopted findings of fact and decision can be obtained from the Planning Division/Community Development Department at the City of Tigard Pernzit Center at City Hall. Final Decision: THIS DECISION IS FINAL ON MARCH 12, 2008 AND BECOMES EFFECTIVE ON MARCH 27, 2008 LINLESS AN APPEAL IS FILED. Appeal: The decision of the Review Authority is final for purposes of appeal on the date that it is mailed. Any arty with standing�as provided in Section 18.390.040.G.1. may appeal this decuion ui accordance with Section 18.39�.040.G.2. of the Tigard Community Developm� ent Code which provides that a written appeal together with the re quired fee shall be filed with the Director within ten (10) business days of the date the notice of the decision was ma�led. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall �oulevard, Tigard, Oregon 97223. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON MARCH 26,2008. Questions: If you have any questions, please call the City of Tigard Planning Division at (503) 639-4171. � BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by St. Anthon�s Catholic ) F I N A L O R D E R Cemetery for a conditional use perniit to expand an ) CUP2007-00005 e�cisting cemetery onto an adjacent 1.5-acre property west ) VAR2008-00001 of 11585 SW Gaarde Street in the Ciry of Tigard, Oregon ) (St� Anthony's Cemetery} A. SUMMARY 1. Al Tabayoyon filed the application for St. Anthon�s Catholic Cemetery(the "applicant"). The applicant requests approval of a conditional use pernut to expand the existing St. Anthon�s Catholic Cemetery at 11585 SW Gaarde Street onto a vacant 1.5-acre parcel abutting the west boundary of the existing cemetery. The legal description of the 1.5- acre parcel is Washington Counryt�lot 2S103CD3400 (the "site"). The applicant will use the site for religious burial of human remains. The applicant did not propose construction of any buildings or signs or removal of any trees. The applicant also requests approval of an adjustment to the arterial access spacing standards to reduce the spacing from 600 to 417 feet for the existing drivewayserving the site. Additional basic facts about the site and surrounding land and applicable approval standards are provided in the Staff Report to the Hearings Officer dated February 15, 2008 (the " Staff Repon"), incorporated herein by reference. 2. Tigard Hearings Officer Joe Turner(the "hearings officer") conducted a duly noticed public hearing to receive testimony and evidence in the matter. At the public hearing, City staff recommended conditional approval of the application. Representatives of the applicant testified in support of the application. Other than service providers, no one else testified orallyor in writing. Disputed issues in this case include: a. Whether the applicant is requ.ired to close the existing driveway to Gaarde Street on the cemetery east of the site; b. Whether the applicant is required to dedicate right of way and plant street trees along the frontage of the e�vsting cemetery; and c. Whether the Citycan require the use of a specific street tree species. 3. The hearings officer concludes that the applicant sustained the burden of proof for a conditional use pernut and adjustment based on the findings and conclusions included and incorporated herein and subject to conditions at the end of this final order. B. HEARING AND RECORD 1. The hearings officer held a dulynoticed public hearing on February25,2008 to receive and consider public testimony in this matter. The record includes a witness list, materials in the casefile as of the close of the record, including materials submitted after the hearing, and an audio record of the hearing. At the beginnulg of the hearing, the hearings officer made the declaration required by ORS 197J63. The hearings officer disclaimed any � er parte contacts, bias or conflicts of uiterest. The following is a sui7uriary by the hearings officer of selected relevant testimonyoffered at the hearing. 2. Cityplanner EmilyEng summarized the Staff Repon and responded to testimony from the applicant's representatives. a. She noted two typographical errors at pages 5 and 17 of the Staff Report. The applicant did not propose any new unpervious surface areas on the site. Therefore the applicant will not be required to collect,treat or detain stormwater runoff from the site. 3. Planner Ken Sandblast, Cemetery Board chair Al Tabayoyon, Father Leslie Sieg and Cemetery Board member Bruce Hollister testified for the applicant. a. Mr. Sandblast accepted the findings and conditions in the Staff Report with certain exceptions. i. He requested the hearings officer modifycondition of approva110 to clarifythat street trees are onlyrequired along the frontage of the 1.5-acre site. The applicant is not required to plant street trees along the frontage of the existing cemetery east of the site. u. He requested the hearings officer modifycondition of approval3 to require that the applicant provide street trees listed on the Cit�s Street Tree list without requiring or suggesting specific tree species. iu. He objected to condition of approval8,which requires that the applicant remove the driveway access to Gaarde Street on the existing cemetery site. b. Mr. Tabayoyon read his written testunony suirunarizing the history of the cemetery and the purpose of the expansion. i. He requested the hearings officer modify condition of approva112 to clarify that the applicant is only required to dedicate additional right-of-way along the frontage of the 1.5-acre site. The applicant is not required to dedicate right-of-way along the frontage of the existing cemeteryeast of the site. u. He objected to the Cit�s request that the applicant close the driveway access to Gaarde Street on the e�sting cemetery site. The driveway has always eacisted in this location and it has never caused a hazard. The applicant recently spent $8,000 to install an automatic gate at this drivewa}�s intersection with Gaarde Street. The cost to remove the existing driveway and gate and construct additional curb and sidewalk would impose a significant financial burden on the applicant. Closure of the drivewaymayalso affect the viabilityof the e�cisting cemetery. c. Father Sieg objected to the Cit�s request that the applicant close the driveway access to Gaarde Street on the existing cemetery site. CUP2007-00005 and VAR2008-00001 Hearings Off cer Final Order (St.Anthony's Catholic Cemetery) Page 2 � i. He argued that the closure of the existing driveway access to Gaarde Street would render the e�sting cemetery unusable. A large hearse is used to transport caskets to the cemetery. The hearse must park as close to the gravesite as possible in order to limit the distance the pallbearers must carry the heavy casket. In addition,elderly funeral attendees must be able to park close to the gravesite in order to minimi�e the distance they must walk to attend the graveside service. Closure of the e�sting driveway access to Gaarde Street will force these vehicles to back up a significant distance in order to turn around and use the new driveway on the site or the e�cisting driveway to 115th Avenue to the east. The applicant cannot construct a turnaround at the end of the driveway without impacting existing graves. u. He testified that the majorityof traffic generated bythe cemeteryis highlycontrolled. Funeral processions are directed onto a specific route into the cemetery. Most funeral processions are escorted by motorcycles,which ensure that the proper route is followed. The cemetery provides a limited number of funeral services, roughly 30 to 40 per year. iu. He testified that the applicant has no plan to use the existing driveway on the 1.5-acre site for cemetery services at this time. The applicant may use the driveway for heavy equipment access. d. Mr. Hollister argued that the e�cisting driveway on the site should be retained, since it provides the safest access to Gaarde Street between Pacific Highwayand 1215L Avenue. Sight distance is limited at most of the other e�sting driveway and street intersections on Gaarde Street. 4. Cityengineer Kim McMillan testified that the applicant must "implement" the approval by completing all of the conditions of approval within 18 months f rom the effective date of the hearings officer's decision. a. She agreed that the right of way and street trees required by conditions of approval 10 and 12 should be limited to the frontage of the 1.5-acre site. No dedications or improvements are required along the frontage of the existing cemetery except as necessary to modify/close the e�cisting driveway. b. She noted that Gaarde Street is classified as an arterial street,which requires a muiunum 600 feet spacing between driveways. However it is impossible to comply with the 600-foot spacing requirement along this site due to the location of existing driveways in the area. Closure of the driveway access to Gaarde Street would reduce the number of driveways accessing Gaarde Street and reduce the extent of the nonconforniity. c. She agreed with the applicant's suggestion that both of the existing Gaarde Street driveways can be retained,provided a pork chop or similar physical barrier is installed to limit one of the driveways to right-in/right-out only movements. The applicant should be required to provide a sight distance certification demonstrating that adequate sight distance is available at the driveway serving the existing cemetery. CUP2007-00005 and Y';4R2008-00001 Hearings Officer Final O►-der (St.Anthony's Catholic Cemetery) Page 3 � 5. At the end of the hearing tlie liearings officer held the record open for one week to allow the applicant and Ciry staff to discuss options for driveway access to Gaarde Street. The record in this case closed at 5:00 p.m.,on March 3,2008. C. DISCUSSION 1. The Staff Report, as modified at the hearing, identifies the applicable approval criteria for the application and applies them to the record in the case. The hearings officer agrees that the standards identified in the Staff Report are applicable and finds that they are correctly applied to the facts of the case in the Staff Report. Substantial evidence in the record shows that the proposed use does or can comply with the applicable approval criteria for a CUP and adjustment, and adoption of recommended conditions of approval as amended will ensure final plans are submitted and implemented as approved consistent with those criteria and standards and will prevent, reduce or mitigate potential adverse impacts of the developinent consistent with the requirements of the TMC. The hearings officer adopts the findings and conclusions in the Staff Report, as modified, as his own. 2. During the open record period the applicant's engineer submitted a Preliminary Sight Distance Certification for the existing east drivewayto Gaarde Street on Tax Lot 2S103C�03300 (between SW 115th and 117th Avenues). The PrelimuiarySight Distance Cenification demonstrated that it is not feasible to meet City sight distance requirements from the west of this driveway. Therefore the applicant should be required to restrict this driveway to right in/right out movements only. This will allow the applicant to continue using this driveway for funeral services and cemetery access while reducing the number of full-access driveways on Gaarde Street and el'uninating the e�sting safetyhazard caused by the inadequate sight distance to the west of this intersection. The applicant should be required to install proper signage and construct a raised pork chop style median approved by the Cityto restrict this drivewayto right-in/right-out movements. Conditions of approval5 and 8 in the Staff Report should be cnodified to that effect. Condition of approval 7 in the Staff Report,which requires closure of this driveway,should be deleted. 3. The applicant's PreliminarySight Distance Certification demonstrates that,with certain modifications, it is feasible to achieve adequate sight distance in all directions at the intersection of the e�sting driveway on t�lot 2S 103CD3400 at Gaarde/SW 117th Avenue. Therefore the applicant should be allowed to retain this drivewayas a full-access driveway, provided the applicant completes all modifications necessaryto obtain adequate sight distance. 7�is is required bycondition 9 in the Staff Report. 4. The hearings officer finds that the applicant is onlyrequired to dedicate right of wayand plant street trees along the frontage of the 1.5-acre site,t�lot 2S103C�3400. The applicant is not required to dedicate right of way,plant street trees or otherwise modifythe existing cemetery site,T�Lot 2S 103C�03300,except as necessary to modify the existing drivewayto right-in/right-out onlymovemenu. Conditions of approval 10 and 12 of the staff report should be modified to that effect. CUP1007-00005 and VAR2008-00001 Hearings Officer Final Order (St. Anthony's Catholic Cernetery) Page 4 5. Citystaff recommended that the applicant consider planting large stature street trees along the site's frontage. The hearings officer supports this recommendation. However the Code only requires that the applicant plant trees listed on the Cit�s approved street tree list. The Ciry has no authoriry to require that the applicant utilize a particular tree species from the approved list. Therefore condition of approval3 should be modified to elicninate this "recommendation." D. CONCLUSIONS Based on the findings and discussion provided or incorporated in this final order,the hearings officer concludes that the applicant sustained the burden of proof that the proposed conditional use pernut and access spacing adjustment do or will comply with the applicable criteria of the Community Development Code,provided development that occurs after this decision complies with applicable local, state, and federal laws and with conditions of approval warranted to ensure such compliance occurs in fact. E. DECISION In recognition of the findings and conclusions contained herein, and incorporating the Staff Report and public testimony and exhibits received in this matter, the hearings officer herebyapproves C�JI'2007-00005 and VAR2008-00001 (St. Anthon�s Cemeter�, subject to the following conditions of approval: CONDITIONS OF APPROVAL HE F LL WIN N I I N H L BE ISFIE RI R ISSUANCE OF THE PUBLIC FACILITY IMPROVEMENT PFI PERMIT: Su mit t e o owing to e City onst o ra er, 503 718-2700 or review and approval, and include a cover letter indicating w�ere in the submittal the condition has been satisfied: 1. Prior to receiving a PFI Perniit,the applicant/owner shall record a deed restriction to the ef f ect that any e�c�sting tree greater than 6" diameter rr��y be removed only if the tree dies or is hazardous according to a cenified arborist. �i'he deed restriction may be removed or will be considered invalid for any tree preserved in accordance with this decision that either dies or is removed as a hazardous tree. 2. Prior to receiving a PFI Permit, the applicant's arborist shall prepare a protection program that addresses tree protecuon both during fence installation and after the site becomes a cemetery(i.e., where burials can occur and what type of landscaping is appropriate near existing trees). 3. If the applicant chooses to modify the species of street trees,the applicant shall subrrut a revised street tree plan indicating the treetype(s) and any changes in spacing. Z�e applicant shall utilize tree species identified on the C:it}�s approved street tree Lst. Submit to the Current Planning Division (Emily Eng, (503) 718-2712) for review and appmval: 4. Prior to receiving a PFI Pernut,the applicant shall revise the site plan to show a visual clearance tnangle for the proposed accesses on SW Gaarde Street, meeting the visual clearance standards for dnveways on an arterial. CUP2007-00005 and VAR2008-00001 Hearings O�cer Final Order (St. Anthony's Catholic Cemetery� Page 5 � Submit the following to the Engineering Department�Kim McMillan, (503) 718-2642) for review and approval, and include a cover letter indicating where in the submittal the condition has been satisfied: 5. A Public Facility Improvement (PFI) permit is required for this project to cover modification of the existin dnvewayto right-in/nght-out only access and anyother work in the public right-o�way. Tlu-ee (3) sets of detailed public im�provement plans shall be submitted for reviewto the Enguleenng Department.NOTE: these plans are in addition to any drawin s required by the Building Division and should only include sheets relevant to pu�lic unprovements. Public Faciliry Improvement (PFI) perniit plans shall conform to City of Tigard Public ImprovementDesign Standards, wluch are available at Ciry Hall and the Cat}�s web page (www.tigard-or.gov). 6. The PFI pernzit plan submittal shall include the exact legal name, address and telephone number of the individual or corporate entity who will be designated as the "Permittee", and who will provide the financial assurance for the p�ub�lic improvements. For example, specify if the entiry��s a corp oration,Zimited pannership, LLC, etc. Also spec�fy the state within which the entiry is incorporated and provide the name of the corporate contact�person. Failure to provide accurate inforn�ation to the Engineering Department wiIl delayprocessuig of project documents. 7. The applicant shall modifythe e�sting drivewayon Tax Lot 2S103C�03300 �between SW 115th and 117th Avenues) allow nght,ul/right-out movements only. "I�his right-in/ri ht-out movement shall be accompluhed with proper signage and the construction o�a raised pork chop style median. 8. The applicant shall modifythe fencing and vegetation as necessary to obtain adequate s�ight distance at the ex�stuig dnveway on t�lot 2S 103C�3400 at Gaarde/SW 117th Avenue. This driveway can be used for full ingress/egress movements u�on completion of the modifications required to meet sight distance. The applicant s engineer shall provide a final sight distance cert�fication upon completion of modifications to the vegetation and fenculg. 9. The applicant shall install street trees that meet the size and spacing standards of the TDC aIong the Gaarde Street frontage of the 1.5-acre site,tax lot 2S103CD3400. The tree species shall be consistent with the Cit�s approved street tree list. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO FINAL PRO ECT ACCEPTANCE: Su mit t e o owing to e Engineenng Department Kim McMi an, 503 718-2642 for review and approval, and include a cover letter indicating where in the submittal the condition has been satisfied: 10. The applicant shall complete any work in the public right-of-way and obtain approval from the Engu-ieenng Department. 11. Additional ri ht-of-wayshall be dedicated to the Public along the Gaarde Street frontage of t�e 1.5-acre s�te,ta�c lot 2S103m3400?to increase the nght-of-wayto 38 feet from the centerline. The description shall be tied to the existing nght-of-way centerline. The dedication document shall be on Cityforn�s. Instructions are available f rom the E ngineering Department. CUPZ007-00005 and VAR?008-00001 Hearings Officer Final Order (St.Anthony's Catholic Cemetery) Page 6 ' 12. The applicant shall execute a Restrictive Covenant whereby they agree to coinplete or participate in the future imp rovements of SW Gaarde Street ad�acent to the subject property, when anyot the following events occur: A. When the improvements are part of a 1ar�er project to be financed or paid for b��y the forn�ation of a Local ImprovementDistnct, B. When the improvements are part of a 1ar�er project to be financed or paid for in whole or in part by the City or other publ�c agency, C. When the unprovements are part of a larger project to be constructed by a tlurd party and involves the sharing of design and/or construction expenses by the third party owner(s) of properry ui addition to the sub�ect property,or D. When construction of the unprovements is deeme�to be appropriate by the City Engineer in conjunction with constniction of improvements by others adjacent to the sub�ect site. 13. The applicant's engineer shall provide a final sight distance certification for both accesses on SW Gaarde Street after sight distance obstructions have been removed. THIS APPROVAL MUST BE IMPLEMENTED WITHIN 18 MONTHS FROM THE EFFEC'I'IVE DATE OF THE HEARINGS OFFICER'S DECISION. DATED this 7�h day of March 2008. J urner,Esq., AIQ' Cityof Tigard Land Use Hearings Officer CUP2007-00005 and VARZ008-00001 Hearings Officer Final Order (St.Anthony's Catholic Cemetery) page � � Agenda I 2.1 Hearin L.,.e: 2.25.2008 Time: 7:00 P11 � STAFF REPORT TO THE U HEARING'S OFFICER =--�` FOR THE CITY OF TIGARD, OREGON .-� �` 120 AY = 5 7 2008 SECTION I. APPLICATION SUMMARY FILE NAME: ST. ANTHONY CATHOLIC CEMETERY CASE NOS: Conditional Use Permit (CUP) CUP2007-00005 Adjustment (VAR) �'AR2008-00001 APPLICANT: St. Anthony's Catholic Cemetery OWNER: Roman Catholic Archbishop of Atm: A1 Tabayoyon Pordand in Oregon,and 9905 SW McKenzie Street Successors, a Corporate Sole Tigard, OR 97223 2838 E Burnside Ave Pordand, OR 97214 APPLICANT'S Planning Resources, Inc. REP: Attn: Dan�ung 71G0 SW �ir Loop,Suite 201 Portland, OR 97223 PROPOSAL: The applicant is requesting a conditional use permit to convert a 1.51-acre property from single-family residennal use to cemetery use. The subject property is a vacant lot of record that once served the single-family home on the property to the west. The e�sting cemetery is immediately east of the subject lot. The apphcant does not propose any buildings, removal of any trees or installation of signs. St. Anthony's Catliolic Cemetery is proposing that the subject lot be used for religious burial of human remains so that it may continue to offer the service. In addirion, the applicant requests approval for an adjustment to the access spacing standard for an arterial from 600 feet to 417 feet. LOCATION: No site addxess;Washington County Tax Map 2S103CD,Tax Lot 3400. The subject parcel is located on the north side of SW Gaarde Street between SW 115th Avenue and SW 118th Avenue, neighboring and west of the e�sting cemetery at 11585 SW Gaarde Stteet. ZONING: R-4.5: Low Density Residenrial. The R-4.5 zoning district is designed to accommodate deta.ched single-family homes with or witliout accessory residenrial units at a muiimum lot size of 7,500 square feet. Duplexes, attached single-family units, some civic and institufional uses, as well as cemeteries are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters: 18.330, 18.360, 18.370, 18.390, 18.510, 18.705, 18.725, 18.745, 18.790, 18.795,and 18.810. SECTION II. STAFF RECOMMENDATION Staff recommends that the Hearings Officer fmd that the proposed Condirional Use Permit will not adversely affect the health, safety and welfare of the City and meets the Approval Standards for a Conciirional t1se. Therefore, Staff recommends APPROVAL, subject to the following recommended Conditions of A roval: St.Anthony Cathol�c Cemetery PAGE 1 OF 18 CUP2007-00005/VAR2008-00001 2/25/08 STAFF REPORT TO THE HEr1RINGS OFFICER ' '''�NDITIONS OF APPR�VAL THE FOLLI !NG CONDITIONS SHALL BE � ISFIED PRIOR TO ISSUANCE OF THE PUBLIC FACILITY IMPROVEMENT (PFI) PERMIT: � Submit the following to the City Arborist (Todd Prager, (503) 718-2700) for review and approval, and include a cover letter indicating where in the submittal the condition has been satisfied: 1. I'rior to receiving a PFI Permit, the applicant/owner shall record a deed restriction to the effect that any existing tree greater than 6" diameter may be removed only if the tree dies or is hazardous according to a certified arbotist. The deed restriction may be removed or will be considexed invalid fox any tree preserved in accordance with this decision tl�at either dies or is removed as a hazardous tree. 2. Prior to receiving a PFI Permit, the applicant's arborist shall prepare a protecrion program that addresses tree protection both during fence installation and after the site becomes a cemetery (i.e., where burials can occur and what type of landscaping is appzopriate neat e�sting trees). 3. R�COMMENDI�TION: Prior to receiving a PFI Pcrmit, thc applicant shall consider planting large stature street trees, such as Oregon White Oak (Quercus garryana), Zelkova serrata, and Northern Red Oak (Quercus rubra). Spacing may need to be adjusted if the applicant chooses to plant a large-stature tree. The applicant shall submit a revised street tree plan indicating the change m tree type and any changes in spacing. Submit to the Current Planning Division (Emily Eng, (503) 718-2712) for review and approval: 4. Prior to receiving a PFI Permit, the applicant shall revise the site plan to show a visual clearance trian�le for the proposed access, meeting the visual clearance standards for driveways on an arterial. Submit the following to the Engineering Department (Kim McMillan, (503) 718-2642) for review• and approval, and include a cover letter indicatiug where in the submittal the condition has been satisfied: 5. A Public Facility Improvement (PFI) permit is required for this pro ect to cover removal of the drivewa , construction of the curb and sidewalk and any otheY wor� in the public right-of-way. Three �3) sets of detailed public improvement plans shall be submitted for review to the Engu�eerin� Department NOTE: these plans are m addition to any drawings required by the Builcling Division and should only include sheets relevant to public improvements. Public Facility Improvement (1'FI) permit plans shall conform to Ciry of Tigard 1'ublic Improvement Design Standards,which axe available at City Hall and the City's web page (www.tigard-or.gov). 6. The PFI�ermit plan submittal shall include the exact legal name, address and telephone number of the individual ox corpotate entity who will be designated as the "Permittee", and who will provide the financial assurance for the public improvements. For example, specify if the ent�ty is a corporation, limited partnership, LLC, etc. Also specify the state widun which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department wiIl delay processing of project documents. 7. Tax Lot 2S103CD03300 shall not be permitted to access clirecdy onto SW Gaarde Street. 8. The applicant shall submit lans to remove the driveway on Tax Lot 2S103CD03300 (between SW 115th and 117th Avenues� and replace it with curb and sidewalk to match existing curb and sidewalk. 9. The applicant shall remove a portion of the wrought iron fence to the east of the driveway on SW Gaarde/SW 117th Avenue. The applicant shall remove a portion of the wood split rail fence to the west of this same driveway. Thts shall be done in ordex to obtaui adequate sight clistance frum this driveway, in accordance with the engineer's preliminary sight distance cerrification. 10. The applicant shall install street trees that meet the size and spacing standards of the TDC. St.Anthony Catholic Cemetery P�GE 2 OF 18 CUP2007-00005/VAR2008-00001 2/25i 08 ST.�F'F REPORT TO THE HEARINGS OFFICER � THE FOLI '�ING CONDITIONS SHALL BE 'ISFIED PRI(�_. TO FINAL PROJECT ACCEPTAI�..E: . Submit the following to the Engineering Department (Kim McMillan, (503) 718-2642) for reviev�� and approval, and include a cover letter indicating where in the submittal the condition has been satisfied: 11. The applicant shall complete any work in the public right-of-way and obtain approval from t�ie Engineering Depatunent. 12. Additional right-of-way shall be dedicated to the Public along the frontage of SW Gaarde Street to increase the ri ht-of-way to 38 feet from the centerline. The description shall be tied to the existing right-o�-way centerline. The dedication document shall be on City forms. Instructions are available from the Engineering Departtnent. 13. The applicant shall execute a Restrictive Covenant whereby they agree to complete or participate in the future unprovements of SW Gaarde Street adjacent to the subject properry, when any of the following events occur: A. when the improvements are paxt of a larger project to be financed or paid for by the formation of a Local Improvement Distxict, B. when the im�rovements are �art of a larger project to be financed or paid for in whole or in part by the City or other public agency, C. when the improvements are part of a larger project to be constructed by a third party and involves the sharing of design and/or construcrion eXpenses by the third party owner(s) of properry in addition to the subject propeYty, or D. when construcrion of the unprovements is deemed to be appropriate by the City Engineer in conjuncrion with construcrion of improvements by others adacent to the subject site. 14. The applicant's engineer shall provide a final sight distance certificarion after the appropriate fencing has been removed. THIS APPROVAL MUST BE IMPLEMENTED WITHIN 18 MONTHS FROM THE EFFECTIVE DATE OF THE HEARINGS OFFICER'S REPORT. SECTION III. BACKGROUND INFORMATION Pro�osal: The applicant is requesting approval for a conditional use permit to convert a 1.51-acre property from single- family residential use to cemetery use. The subject properry is a vacant lot of record that once served the single-family home on the properry to the west. The existing cemetery is unmediately east of the subject lot. The applicant does not propose any builclings, removal of any trees or installarion of signs. St. Anthony's Catholic Church is proposing that the subject lot be used for religious burial of human remains so tl�at it may continue to offer the service. In addirion, the applicant requests approval for an adjustment to the access spacing standard for driveways on an arterial ftom 600 feet to 417 feet. The adjustment is for an e�sting driveway. Another e�sting driveway,which does not meet the spacing standard,will be removed. Site and Vicuut� Information: The proposed site is a vacant lot of recor.d that served the single-family home on the lot directly west of it. The e�sting cemetery is directly east of the proposed site. The surrounding area is single-family residential and mosdy zoned R-4.5. SW Pacific Highway is about 0.37 mile away. Tigard Assembly of God (with Gaarde Christian School) and Tigard First Bapttst Church are located a block away. The proposed site is covered with gxass that has been regularly mowed and slopes down less than 10% to the north. Site Historv: The St.Anthony Catholic Cemetery has been in use since 1890. The proposed site for the expansion has been used for smgle-family residential ptuposes. There have been no previous land use decisions for the e�sting cemetery or the proposed site. St.Anthony Catholic Cemetery PAGE 3 OF 18 CUP2007-00005/VAR2008-00001 2/25/08 STAFF REPORT TO THE HEARINGS OFFICER Concerns Raised b Nei hbors: The applicant hel a neighborho meeting on July 19, 2007. Three ne_ aors attended. Two of the neighbors had questions regarding the fence. The applicant indicates tliat no other questions were raised � and that neighbors in the surroundin�; area did not have objections to the cemetery when they were previously contacted about the expansion. SECTION IV. REPORT MAKING PROCEDURES, PERMITS AND USE Use Classification Chapter 18.130 lists the Use Categories. Cemeteries are listed in the "Other Use Ty es" category. Cemeteries are described as "facilities for storing human remains.Accessory uses may inclu�chapels, mortuaries, offices, maintenance facilities and parking." Summary of Land Use Permits and Decision-making Procedures Section 18.330.020.A states that a request fox approval for a new conditional use shall be processed as a Type III-H(� procedure, as regulated by Chapter 18390.050, using approval criteria contained in Section 18.330.030A and subject to other requirements in this chapter. Type III-HO procedures apply to quasi- judicial permits and actions that predominantly contain discretionary approval criteria. Type III-HO actions are decided by the Hearings Officer with appeals being heard by the City Council. The ap�licant is also request�ng an adjustment to the access spacing standard for dtiveways on an arterial, which is processed as a Type II procedure. Staff has recommended a decision to be considered by the Hearulgs Officer. SECTION V. SUMMARY OF APPLICABLE CRITERIA Staff has reviewed the proposal for consistency with the following code sections. Section is in Section VI of this report. A. Zoning Districts 18.510 - Residential Zoning Districts B. Applicable Development Code Standards 18.330 - Conditional Use 18.360 - Site Development Review 18.370 - Variances and Adjustments 18.705 - Access Egress and Circulation 18.725 - Environmental Performance Standards 18.745 - Landscaping and Screening 18.790 - Tree Removal 18.795 -Visual Clearance 18.810 - Street and Utility Improvement Standards C. Impact Study 1$.390 SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS A. ZONING DISTRICTS Residential Zoning Districts (Chapter 18.510) Lists the description of the residential Zoning District. The proposed site is in an R-4.5 aone. The proposed use (cemetery) is pemiitted conditionally in the R-4.5 zone. St.Anthony Catholic Cemetery PAGE 4 OF 18 CUP2007-00005/VAR2008-00001 2;25/08 STAFF REPORT TO THE HEARINGS OFFICER ' B. APPLICABLE DEVEI "�'MENT CODE STANDARDS Conditional Use (Cha�ter 18.330� Purpose. The purpose of this chapter is to provide standards and procedures under which a conditional use may be permitted, enlarged or altered if the site is appropriate and if other appropriate conditions of approval can be met. There are certain uses which due to the nature of the impacts on surrounding land uses and public facilities require a case-by-case review and section. The applicant requests appro�ral of a new conditional use for the proposed site. The site is a single-family resident�al lot and the appIicant is requesting a change of use to cemetery use. Approval Standards for a Conditional Use. The Hearings Officer shall approve, ap�rove with conditions, or deny an application for a conditional use or to enlarge or alter a conditional use based on findings of fact w�th respect to each of the follovving criteria: The site size and dimensions provide adequate area for the needs of the proposed use; "I'he minimum lot size for cemeteries is 5 acres. The proposed lot for the change of use is 1.51 acres. With the e�sting cemetery lot (3.57 acres), the entire cemetery site will be 5.08 acres. The site will still be comprised of two separate lots and the applicant has indicated they do not want to combine them. Considerin�the difficulty of rede�eloping cemeteries, a site size of 5.08 acres would be adequate to comply with the minimum lot size. This criterion is met. The impacts of the proposed use of the site can be accommodated considering size, shape, location, topography and natural features; The proposed site is 1.51 acres (65,775 square feet), which is large in relation to tYpical residential lots in the R-4.5 zone, which requires a mituiiium lot size of 7,500 square feet. The site is relatively flat, sloping down less than 10% to the noxth. There are 12 trees on site. The proposed site is located on SW Gaarde Street, an arterial. The impacts of the proposed use can be accommodated considering size, sha�e, locati�n, t��gra�hy and natural features. The main activity on the site will be burials and funeral gatherings. Operat�ng hours arill be 8 am to dusk. The e�sting cemetery is div-ided into four quadrants. The proposed site will provide enough land for two c�uadsants and will be used for graves only. Because the site is an expansion of the e�sting cemetery, it will not need any nevv sanitary, storm drainage or water connections. However, the ap�licant will be required to pxovide an onsite water quality facility. The applicant proposes to retain all extstulg trees. The proposed site will be accessible through the existuig driveway on SW Gaarde Street or through the existing cemetery's access on SW 115`''Avenue. This criterion is met. All required public facilities have adequate capacity to serve the proposal; and The proposed use does not re.qnire any new connecrions to sanitary, stoxm drainage or water. Therefoxe, it will not affect the capacity of these public facilities. Concerning streets, no new streets or driveways axe necessary. The proposed site is located on SW Gaarde Street, an arterial, and will be accessed using an existing driveway on SW Gaarde Street or the existing cemetery's access on SW 115`'' Avenue. In fact, the e�sting driveway on SW Gaarde Street between SW 115th Avenue and SW 117�' Avenue will be removed, bringing access spacing closer to the standatd. This criterion is met. St.Anthony Catholic Cemetery PAGE 5 OF 18 CUP2007-00005/VAR2008-00001 2/25/08 STAFF REPORT TO THE HEARINGS OFFICER � The applicable requirements � � ��e zoning district are met except as dified by this chapter. The proposed site meets and exceeds the minirnum dimensional requirements of the R-4.5 zone, as shown ' belo�v: Figure 1. At�plicable Dimensional Standards Required Required for Stated/Shown in Dimensional Standard in R-4.5 Cemete Use Pro osal Front setback NA Graves 15 ft. 15 ft. Structures 25 ft. Not ro osed Side setback NA Graves 15 ft. 15 ft. Structures 25 ft. Not ro osed Rear setback NA Graves 15 ft. 15 ft. Structures 25 ft. Not ro osed NA 5 acres 5 acres with Minimum lot size e�stin cemete SO ft. Same as zone 166 ft., 557 ft. with Avera e minimum lot width e�ustin cemete Maxirnum buildin hei ht 30 ft. Same as zone Not ro osed The applicable requirements of 18.330.050 are met; and Section 18.330.050 lists setback, lot size, and fencing requirements for cemeteries. In addiuon, the section specifies that there are no parking requirements fox cemeteries. As shown in the figure above, setback and lot size requirements are met. Concerning fencing, the code requires that a fence of at least four feet in height located at least 2 '/2 feet from any right-of-way shall completely surround the area and shall meet visual clearance area standards. The applicant indicates that a fence meeting this standard will be provided along the western and southexn boundary of the proposed lot. The applicant's plans show a 4 foot high fence, 2 '/z feet from the ROW, completely around the proposed site where it abuts right-of-way and other private property. "I'herefore, this cnterion is met. The supplementary requirements set forth in other chapters of this Code including but not limited to Chapter 18.780, Signs, and Chapter 18.360, Site Development Review, if applicable, are met. The applicable review criteria in this case include the following chapters of the Community Development Code: 18.330, Conditional Use; 18.360, Site Development Review; 18.390, Decision-Makuig Procedures; 18.370, Vaxiances and Adjustments; 18.510, Residential Zoning Districts, 18.705, Access, Egress and Circulation; 18.725, Environmental Performance Standards; 18.745, Landscaping and Screening; 18J90, Tree Removal; 18.795, Visual Clearance Areas; and 18.810 Street and Utility Improvements Standards. All other code chapters are inapplicable as approval standards. All applicable requirements of the code are met. FINDING: The conditional use critexia have been met. Conditions of Approval for a Conditional Use. The Hearings Authority may impose conditions on the approval of a conditional use, which are found necessary to ensure the use is compatible with other uses in the viciniry, and that the impact of the proposed use on the surrounding uses and public facilities is minimized. These conditions may include, but are not limited to the follovving: St.Anthony Catholic Cemetery PAGE 6 OF 18 CUP200i-00005/VAR2008-00001 2/25/08 ST?iFF REPORT TO THE HEARINGS OFFICER � Limiting the hours, days, plac id/or manner of operation; Operating hours will be 8 am to dusk. Staff does not recommend a change to the hours of operation. Requiring design features which minimize environmental impacts such as noise, vibration, air pollution, glare, odor and/or dust; No recommendations. Requiring additional setback areas, lot area, and/or lot depth or width; No recommendations. Limiting the building height, size or lot coverage, and/or location on the site; No recommendations. Designating the size, number, location and/or design of vehicle access points; There are two e�sting driveways on SW Gaarde Street that do not meet the 600-foot spacing standard for driveways on an arterial. The applicant has a�plied for an adjustment to the e�sting driveway directly across from SW 117`h Avenue. As addressed m Variances and Adjustments, staff recommends that the Hearings Officer require the applicant to close the existing driveway between SW 117`h Avenue and SW 115`h Avenue. Requiring street right-of-way to be dedicated and street(s) to be improved; As addressed in Streets and Utility Improvements, staff recornmends that the Hearings OfficeY require the applicant to dedicate 2988 feet of property along the proposed site's fYOntage for public Yight-of-way (RO�, so that the current standard for SW Gaarde Street (38 feet from centerline) is met. Requiring landscaping, screening, drainage and/or surfacing of parking and loading areas; No recommendations. Limiting the number, size, location, height and/or lighting of signs; No si�ns aYe proposed; therefore, staff has no recommendations. Limiting or setting standards for the location and/or intensity of outdoor lighting; The applicant does not propose outdoor lighting; therefore, staff has no recommendations. Requiring berms, screening or landscaping and the establishment of standards for their installation and maintenance; No recommendations. Requiring and designating the size, height, location and/or materials for fences; Specificarions for the fence are already addressed by the Conditional Use development standards for cemeteries. Staff has no recommendations for additional conditions of approval regarding the fence. Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas and/or drainage areas; As addressed in Tree Removal, staff recommends a deed restriction to protect all e�sting trees on site. Requiring the dedication of suf�cient open land area for a greenway adjoining and within the floodplain when land form alterations and development are allowed within the 100-year floodplain; and St.Anthony Catholic Cemetery P1�GE 7 OF 18 CUP2007-00005/VAR2008-00001 2/25/08 STAFF REPORT TO THE HEARINGS OFFICER � The proposed site is about a mi]F �ay from the nearest floodplain. The ' 'Zest elevation of the nearest floodplain is 160 feet. The lowes. �vatton of the proposed site is 290 feet. _herefoYe, a condition to this effect would not be applicable. Requiring the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. The pYOposed site is not within a floodplain. TherefoYe, a conclition to this effect would not be applicable. Site Develo�ment Review (Chapter 18.360� A��licability and exem�tions. Site development review shall be applicable to all new developments and major modification of existing developments, except it shall not apply to 18.360.020.A.1 through 10. The proposed change of use is considered new development that is a conditional use and site development review criteria,where applicable, shall apply. Relationship to the natural and physical environment: Buildings shall be: (1) Located to preserve existing trees, topography and natural drainage where possible based upon existing site conditions; (2) Located m areas not subject to ground slumping or sliding; (3) Located to provide adequate distance betcveen adjoining buildings for adequate light, air circulation, and fire-fighting; and (4) Oriented with consideration for sun and wind. No buildings are being proposed. TherefoYe, this criteYion does not apply. Trees shall be preserved to the extent possible. Replacement of trees is subject to the requirements of Chapter 18.790,Tree Removal. The applicant proposes to retain all trees. Therefare, this critetion is met. Buffering, screening and compatibility between adjoining uses: The buffer table, 18.745.1, does not indicate that huffering is necessary. ChapteY 18330 (Conditional Uses) already xequires fencing and setbacks specific to cemetery use. Demarcation of public, semi-public and private spaces for crime prevention: The structures and site improvements shall be desi�ned so that public areas such as streets or public gathering places, semi-public areas and private outdoor areas are clearly defined to establish persons having a right to be in the space, to provide for crime prevention and to establish maintenance responsibility; and The e�sting site has been designed to provide for crime prevention, as described in the response to 18.360.090.A.9.b below. These areas may be defined by, but not limited to: (1) A deck, patio, low wall, hedge, or draping vine; (2) A trellis or arbor; (3) A change in elevation or grade; (4) A change in the texture of the path material; (5) Sign; or (6) Landscaping. The cemetery will be distinguished from the public sidewalk by its grass surface and requiYed fence. Therefore, this cYiterion is met. Crime prevention and safety: Windows shall be located so that ateas vulnerable to crime can be surveyed by the occupants; b. Interior laundry and service areas shall be located in a way that they can be observed by others; c. Mail boxes shall be located in lighted areas having vehicular or pedestrian traffic; d. The exterior lighting levels shall be selected and the angles shall be oriented towards areas vulnerable to crime; and e. Light fixtures shall be provided in areas having heavy pedestrian or vehicular traffic and in �otentially dangerous areas such as parking lots, stairs, ramps and abrupt grade changes. ixtures shall be placed at a height so that light patterns overlap at a height of seven feet which is sufficient to illuminate a person. St.Anthony Catholic Cemetery PAGE 8 OF 18 CUP2007-00005/VAR2008-00001 2/25/08 STAFF REPORT TO THE HEARINGS OFFICEK No lightin� within the cemete�� is being proposed and the City Police Department has no concer.ns regarcling hghting. Therefoxe, this criterion does not apply. Public Transit. Provisions within the plan shall be included for providing for transit if the development proposal is adjacent to or within 500 feet of existing or proposed transit route. The proposed site is about 2,000 feet away from an e�sting bus line. TheYefore, this critcrion does not apply. Landscaping: A rninimum of 15 percent of the gross site area shall be landscaped. The entire site (100%) is landscaped. Therefore, this cYiterion is met. Drainage: All drainage plans shall be designed in accordance with the criteria in the adopted 1981 master drainage plan; The applicant is not proposing construction of any new imperc ious surface area. The cemetery site is mainly grass. Therefore, no storm water detention is required. Provision for the disabled: All facilities for the disabled shall be designed in accordance with the requirements set forth in ORS Chapter 447; and Provisions for the disabled axe required fo� required walkways within commercial, institutional, industrial and multi-family residential sites (Chapter 18.705) as well as for parking lots (Chap tex 18.765). The proposed use, cemetery, is in the "Other Uses" classification. In addirion, Chapter 18.330 (Conditional Uses) specifies that off-street parking and loading requirements do not apply far cemeteries. Therefore, the proposed cemetery would not be required to provide for the disabled. All of the provisions and regulations of the underlying zone shall apply unless modified by other sections or this title, e.g., Planned Developments, Chapter 18.350; or a variance or adjustment granted under Chapter 18.370. (Ord. 02-33) Staff has reviewed this proposal using all applicable provisions of the underlying zone and other secrions of this title. FINDING: The site development review criteria have been met. Variances and Adjustments �Chapter 18.370) The applicant requests an adjustment to the access spacing standard for streets and driveways on an arteriaI. Section 18.705.030.H.3 states that the minimum spacmg of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. The proposed access is on SW Gaarde Street, an arterial, and aligned with SW 117`h Avenue across the street. "Ihe e�sting cemetery already has two accesses- one on SW 115 Avenue (the primary access) and one on SW Gaarde Street between SW 115�' Avenue and SW 117`'' Avenue. The proposed access across from SW 117``' Avenue is 417 feet west of SW 11 Sth Avenue and 563 east of SW 118th Court. From the proposed driveway, there are at least 8 driveways within 600 feet to the west, and 3 driveways (including the other existing dnveway serving this rroperty) and SW 115th Avenue within 600 feet to the east. The proposed access does not meet the 600-foot spacing standard; therefore, the applicant requests an adjustment to the access/egress standards. St. Anthony Catholic Cemetery PAGE 9 OF 18 CUP2007-00005/Vt1R2008-00001 2/25/O8 STAFF REPORT TO THE HEARINGS OFFICER � FINDING: Staff recommends a� �val of an adjustment to the access%e€ standards for the proposed driveway. ' Access, E�ress and Circulation (Chapter 18.705� When provisions apply. The provisions of this chapter shall apply to all development including the construction of new structures, the remodeling of existing structures (see Section 18.360.050), and to a change of use ��vhich increases the on-site parking or loading requirements or which changes the access requirements. Public Street Access (18.705.030.D): All vehicular access and egress as required in Sections 18.705.030H and 18.705.030(I) shall connect directly vvith a public or private street approved by the City for public use and shall be maintained at the required standards on a continuous basis. The proposed site will have direct access to SW Gaarde and direct access to S�' 115`'' through the e�sting cemetery. Therefore, this criterion is met. Access Management (18.705.030.H): Section 18.705.030.H.1 states that an access report shall be submitted with all new development proposals which verifies design of driveways and streets ate safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT, Washington Counry, the City and A.ASHTO. A preliminary sight distance certification was submitted by Brad Albext, Civil Engineex, on November 9, 2007. The certification is for the access aligned with SW 117th Avenue on Gaarde Street. The engineer states the s eed lunit on Gaarde Street is 3� mph, requiring a minimum 350 feet of sight distance in each direction. �he engineer measured the sight distance from this access point and it can meet the 350 feet requirements both to the east and west with the following mitigation: 1) removal of a portion of the wrought iron fence to the east and 2) the removal of a porrion of the wood split rail fence to the west. The applicant shall remove or relocate the sections of fence that reduce sight distance below the xequired minimum distance of 350 feet. The applicant's engineer shall then provide a final sight distance certification to the engineering department prior to final acceptance of the project. Section 18.705.030.H.2 states that drivewa�s shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be 150 feet, measured from the ri�ht-of way line of the intersecting street to the throat of the proposed driveway. The setback may be �reater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway sliall Ue placed as far froin ttie intersection as possible. The driveway on SV�' 115th Avenue is approxirnately 190 feet noxth of SW Gaarde Street, thereby meeting this criterion. The driveway on SW Gaarde that is aligned with SW 117th Avenue also meets this criterion. The access on SW Gaarde located between SW 115th Avenue and SW 117th Avenue is to be remo�ed, therefore this criterion will not apply. Section 18.705.030.H. 4 states that the minimum spacing of driveways and streets along an arterial shall be 600 feet. SW Gaarde Street is classified as an Arterial on tlle City of Tigard's TSP, rec�uisuig a minimum spacing of 600 feet. Access spacing provides for increased ca�acity and safery on Arterials and Collectors. From the driveway on Gaarde Stteet that aligns unth 117th 1 venue there are at least 8 driveways within 600 feet to the west and 3 driveways {including the other driveway serving this properry) and SW 115th Avenue withui 600 feet to the east. Wh�le there is no location along this properry where the spacing standard can be met, the best location is aligned with the intersection of SW Gaarde Street and SW 117th Avenue, as the driveway is today. The driveway located across from SW 1�7th Avenue is a better location than the other driveway on Gaarde Street because it reduces the number of conflicting left turning movements; therefore St.Anthony Catholic Cemetery PAGE 11 OF 18 CUP2007-00005/VAR2008-0000] 2/25/08 STAFF REPORT TO THE HEARINGS OFFICER � die adjustment for this drivew; �hould be granted. The other drive• betu�een SW 115th and S�Xi' 117th Avenues, on SW Gaarde �et, however, should not be granted a_ ljustment as it does not meet the adjustment criteria of 18.370. The prunary access, accorcling to 18.810.030.Q, where a development abuts an e�sting arterial and has access to two streets with different classifications, shall be from the lower classification street. In this case, the lower classification street is SW 115th Avenue, which is classified as a local street. Therefore, the primary access shall be on SW 115th Avenue. A secondary access onto an Arterial should best meet the spacing standards, and that access is the one aligned with SW 117th Avenue. To provide yet a third access wluch does not meet the spacing standard or the adjustment criteria is not justified. In summanr, the site can be approved for the use of two driveways, but not three. As a condiuon of approval, the applicant has been required to remove the e�sting driveway on S��' Gaarde Stxeet located bettiveen SW 11 Sth and 117t1i Avenues,replacing it with curb and sidewalk matching e�sting curb and sidewalk. FINDING: Access, egxess and circulation standards have not been met. CONDITIONS: The applicant's engineer shall then provide a fulal sight distance certification to die engineering deparunent priox to final acceptance of the project. The applicant shall Yemove the existing dYiveway on SW Gaarde Street located between SW 11 Sth and 117th Avenues, re�lacing it with curb and sidewalk matching existing curb and sidewalk. Environmental Performance Standards (18.725� These standards require that federal and state environmental laws, rules and regulations be ap lied to development within the Cit� of Tigard. Section 18.725.030 (Performance Standards) reg�tes: Noise,visible emissions,vibration and odors. Noise. For the purposes of noise regulation, the provisions of Sections 7.41.130 through 7.40.210 of the Tigard Murucipal Code shall apply. Visible Emissions. Within the commercial zoning districts and the industrial park (IP) zoning district, there shall be no use, oPeration or activity which results in a stack or other point- source emission, other than an emission from space heating, or the emission of pure uncombined water (steam) which is visible from a property line. Department of Environmental Qualiry (DEQ) rules for visible emissions (340-21-015 and 340-2$-070) apply. Vibration. No vibration other than that caused by highway vehicles, trains and aircraft is permitted in any given zoning district which is discernible without instruments at the property line of the use concerned. Odors. The emissions of odorous gases ar other matter in such quantities as to be readily detectable at any oint beyond the property line of the use creating the odors is prohibited. DEQ rules for odors (340-0�8-090) apply. Glare and heat. No direct or sky reflected glare, whether from floodli�hts or from high temperature processes such as combustion or welding, which is visible at the lot l�ne shall be permitted, and; 1) there shall be no emission or transmission of heat or heated air which is discernible at the lot line of the source; and 2) these regulations shall not apply to signs or floodlights in parking areas or construction equipment at the time of construction or excavat�on work otherwise permrtted by this title. Insects and rodents. All materials including wastes shall be stored and all grounds shall be maintained in a manner which w�ill not attract or aid the propagation of insects or rodents or create a health hazard. The proposed use, cemetery, does not typically generate noise, visible emissions, vibrations, odors, glare, heat, ulsects and rodents. It is the xesponsibility of the property owner to comply with the standards and any violations will be enforced through the City's Code Enfarcement Program. St.Anthony Catholic Cemetery PAGE 12 OF 18 CUP2007-00005/VAR2008-00001 2/25/08 STAFF REPORT TO THE HEARINGS OFFICER FINDING: For the purposes his land use review, this criterion is m . Landsca�in� and Screening (18.745) Street Trees (18.745.040): All development projects fronting on a public street, private street or a Qrivate driveway more than 100 feet in len�th approved after the adoption of this tide shall be required to plant street trees in accor�dance wi the standards in Section 18.745.040.C. The applicant has proposed four street trees along the site's frontage on SW Gaarde Street. Therefore, this cntenon �s met. Street tree planting list (18.745.040.B): Cectain trees can severely damage utilities, streets and sidewalks or can cause petsonal injury. Approval of any planting list shall be subject to review by the Director. The street tree plan in exhibit 7 of the application indicates the applicant will plant Callery Pear trees, a medium-stature tree on the Ciry of Tigard Street Tree list. Wliile Callery Pear is an approved tree the Ciry Arborist recorrunends that the applicant plant larg e stature trees as street trees because there �s sufficient room for thesetype of trees to grow. Tlu-ee possible choices are Oregon White Oak(Quercus garryana), Zelkova serrata, and Northern Red Oak (Quercus rubra). Size and spacing of street trees (18J45.040.C): Street trees shall be spaced between 20 and 40 feet apart depending on the size classification of the tree at maturity(small,medium or large). The proposed trees will be spaced 20 feet apart, meetin�g the spacing standard for medium-stature trees of no greater than 30 feet apart. Spaculg may be adjusted if the applicant chooses to plant a large-stature tree. FINDING: Landscaping and Screening criteria are met. RECONIIv1ENDATION: The applicant shall consider plantin large stature street trees, such as Oregon White Oak Quercus garryana�, Zelkova serrata, and Northern Red Oak (Quercus rubra�. Spacing may need to be adjusted if the applicant chooses to plant a large_stature tree. The applicant shall subrrut a rev�sed street tree plan �ndicating the change in tree type and any changes in spacing. Tree Removal (18.790) Tree_plan required. A tree plan for the planting, removal and protection of trees prepared by a certitied arfiorist shall be provYded for any lot, parcel or combination of lots or parcels for which a development application tor a subdivision, partition, site development review, planned development or conditional use is filed. Protection is preferned over removal wherever possible. The applicant has provided a tree inventory by Kay Kinyon, a Certified Arborist. Plan Requirements. The tree plan shall include the following: Identification of the location, size and species of all e�cisting trees including trees designated as significant by the city; The inventory identifies the location, size and species of all existing trees. Identification of a pmgram to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.790.O60D, in acco�iance with the followin�standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: � Retention of less than 25% of existin trees over 12 inches in caliper requires a mitigation program in accordance with Section 1�.790.060D of no net loss of trees; St.Anthony Catholic Cemetery PAGE 13 OF 18 CCJI'2007-00005/VAR2008-00001 2/25/08 STAFF REPORTTO TI-IE F�ARINGS OFFICER . Retention of from 25°/ 50% of existing trees over 12 inch� . caliper requires that two- thirds of the trees to be ..:moved be mitigated in accordance w�ch Section 18.790.060D; . . Retention of from 50% to 75% of existing trees over 12 inches in caliper requires that 50 percent of the trees to be removed be mitigated in accordance with Section 18.790.O60D; . Retention of 75% or greater of existing trees over 12 inches in caliper requires no mitigation. The applicant proposes to retain 100"/0 of the e�stuig trees. Therefore, no mitigation is required. Identification of all trees which are proposed to be removed; The applicant does not propose to remove anytrees. A protection program defining standards and methods that will be used by the applicant to protect trees during and after construct�on. 'I�e applicant has not provided a protection program for the e�cisting trees, all of which will be retained. While no construction �s proposed, the Ciry Arborist recommends that the applicant's arborist prepare a protection program that addresses tree protection both during fence installation and after the site becomes a cemetery(i.e. where burials can occur and what type of landscaping is appropriate near existing trees). Subsequent tree removal. Trees removed within the period of one year prior to a development application listed above will be inventoried as part o} the tree plan above and will be replaced according to Section 18.790.060D. There is no evidence that trees were removed within a year of this application. Subsequent removal of a tree. Any tree preserved or retained in acco�ance with this section may thereaiter be removed only for the reasons set out in a tree plan in accordance with Section 18.790.030, or as a condition of app roval for a conditional use, and s�all not be subject to removal under any other section of this cfiapter. The Qrope_rty owner shall record a deed restriction as a condition of approval of any develo ment penmt altected by this section to the effect that such tree may be removed only if the tree �es or is hazardous according to a certified arborist The deed restnction may be removed or will be considered invalid if a tree preserved in accordance with this section should either die or be removed as a hazardous tree. The form of this deed restriction shall be subject to approval by the Director. A deed restriction will ensure that this standard is met. FINDING: The tree removal criteria have not fully been met. CONDITI ONS: . The applicant/owner shall record a deed restriction to the effect that any existing tree greater than 6" diameter may be removed only if the tree dies or is hazardous according to a cenified arborist. The deed restriction may be removed or will be considered invalid for any tree preserved u7 accordance with this decision that either dies or is removed as a hazardous tree. . The applicant's arborist shall prepare a protection program that addresses tree pr�teaion both durin� fence installation and a}ter the site becomes a cemetery (i.e., where burials can occur and what rype of landscaping is appropnate near existing trees). Visual Clearance Areas (18 795� When provisions apply. The provisions of this chapter shall apply to all development including the construction of new structures, the remodeling of existing structures and to a change of use which increases the on-site parking or loading requirements or which changes the access requirements. St.Anthony Catholic Cemetery PAGE 14 OF 18 CUP2007-00005NAR2008-00001 2/25/08 STAFF REPORT TO THE HEARINGS OFFIC�R The proposed change of use fro �sidential to cemetery will require an � ing access to be removed in order to meet the access spacing .,�andards. Visual Clearance Area standarc,� apply to the driveway on the , proposed site. Arterial streets. On all designated arterial streets the �7sua1 clearance area shall not be less than 35 feet on each side of the �ntersection. The applicant has provided a drawing of a visual clearance triangle in Exhibit 8 of the application. However, this drawulg �s on blank paper not to scale. In addition, the triangle shown is 30 feet on each side of the intersection and should be 35 �eet FINDING: Visual clearance area standards have not been met. CONDITION: The applicant shall revise the site plan to show a visual clearance triangle for the proposed access, meeting the visual clearance standards for driveways on an arterial. Street And Utili Im rovements Standards Cha ter 18.810 Chap ter 18.810 provides construction stan ards for the implementation of public and private faciIities and utilities such as streets, sewers, and dr�inage. The applicable standards are addressed below: Streets: Improvements: Section 18.810.030.A1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width�planned as a portion of an existing street shall be dedicated and irnproved in accordance with the TDC. Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires an Arterial street to have a 76 foot right-of-way width and 48-foot paved section. Other improvements rec�uired may include on-street parking, sidewalks and bikeways, underground ut�lities, street lighting, storm draiiiage, and street trees. This site lies ad'acent to SW Gaarde Street, which is classified as an Arterial on the City of Tigard Transponation �lan Map. At present, there is approximately 20 feet of ROW from centerline, according to the most recent tax assessor's map. The appI�cant should dedicate the additional ROW to provide 38 feet from centerline. SW Gaarde Street is currently partially improved. These recent improvements do not meet the current desig n standards for a three-lane artenal. In order to mitigate the im act from this development, the appl�cant should enter into a future street improvement agreement. � future street improvements agreement does not include street trees and the trees should be installed with this land use approval, prior to �ssuance of the Public FacilityImprovement (PFI) perniit. Access to Arterials and Major Collectors: Section 18.810.030;Q states that where a development abuts or is traversed by an existing or proposed arterial or ma�or collector street, the development design shall provide adequate protection for residential properties and shall separate residential access and tFirough traffic, or if separation is not feasible, t-he design shall minimize the traffic conflicts. The design shall include any of the following: . A parallel access street alon� the arterial or major collector, . Lots of suitable depth abutting the arterial or major collector to provide adequate buffering with frontage along another street; • Screen planting at the rear or side property line to be contained in a non-access reservation along tFie artenal or ma'or collector, or . Other treatment suitab�e to meet the obJ'e- ctives of this subsection; . If a lot has access to two streets with diiterent classifications, primary access should be from the lower classification street. St.Anthony Catholic Cemetery PAGE 15 OF 18 CCJI'2007-00005/VAR2008-00001 2/25/08 STAFF REPORT TO TT-� HEARINGS OFFIC�R This development has access to ��th A��enue, a local sti-eet, and a prop� � access to Gaarde Street, an Arterial street. The prirnary�access should be from 115th Avenue suice rt �s the lower classification street. Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets. Private streets and industrial streets shall have sidewalks on at least one side. There are e�st;ng sidewalks along tlie frontage of SW Gaarde Street. The sidewalks do not meet the current standard, which requu-es that they be 8 foot v�nde and have a 5 foot planter strip between sidewalk and curb. The applicant shall enter into a future street improvement agreement that will include sidea�alk and planter stnp. The applicant shall remove the existin drivew�ay on SW Gaarde Street between SW 115th and lllth Avenues and replace it with curb and si�ewalk This shall be done prior to final acceptance of this project. Storm Drainage: General Provisions: Section 18.810.100.A requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility shall be lar�e enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The City Engineer shall approve the necessary size of the facility, based on the provisions of Desi n and Construction Standards for Sanitary and Surface Water Management (as adopted by �ean Water Services in 2000 and including any future revisions or amendments). There are no upstream drainage ways that impact this development. Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the Citx Engineer that the additional runoff resulting from the development will overload an exist�n draina�e facility, the Director and Engineer shall withhold approval of the development unt� provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a stormwater detention/effective impe�rvious area reduction pro�gram resulting in no net increase in storm peak flows up to the 25-year event. The City will re uire that all new developments resulting in an increase of unpervious surfaces provide onsite detention fac�ties, unless the development �s located adjacent to Fanno (:reek. For those developments adjacent to Fanno Creek, the storm water runoff will be pernutted to discharge without detention. The applicant is not proposing construction of any new impervious surface area; therefore no stormwater detention�s requu-ed. Bikeways and Pedestrian Pathways: Bikeway Extension: Section 18.810.110.A states that developments ad'oining proposed bikeways identified on the City's adopted pedestrian/bikeway plan sl�all inclu�e provis�ons for the future extension of such bikeways through the dedication of easements or right-of-way. There are existing bike lanes on SW Gaarde Street,therefore this criterion is met. St.Anthony Catholic Cemetery PAGE 16 OF 18 CUP2007-00005/VAR2008-00001 2/25/08 STAFF REPORT TO Tf-� HEARINGS OFFIC�R Storm Water Qualit� The City has agreed to enfor�,. Surface Water Management (SWI�� regulations established by . Clean Water Services (CWS� Design and Construction Standards �adopted by Resolution and C?rder No. 00-7) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the stom� water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequenc}� and method to be used in keeping the facility maintained through the year. The applicant is not proposing to construct any new impervious surface area; therefore no water quality treatment �s requu-ed. C. IMPACT STUDY The impact study shall quantify the effect of the development on public facilities and services. The study shall address, at a minimum, the transportation system, including bikeways, the drainage system, the parks system, the water system, the sewer system, and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards and to minimize the impact of the deveiopment on the public at large, public facilities systems, and affected private property users. In situations where the Community Develo�pment Code requires the dedication of real property interests, the applicant shall either specitically concur with the dedication requirements, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development The applicant has submitted an im act study,which shows that there will be adequate facilities to serve the proposed cemetery, as indicated be�ow: Sewer &Storm: No structures are proposed. The applicant will not be connecting to the sewer or storm system. Because the site is mainly unpervious and the applicant will not be adding any unpervious surface, no storm water provisions are necessary. Water: The applicant will not need a new water connection and has not proposed to connect the subject parcel to the water system. Parks: Impacts to the ark system are not anticipated. The applicant would not be required to pay a parks systems development c�arge. Trans ortation: The proposed site is located on SW Gaarde Street, an arterial. The applicant has propose to provide the required 38 feet of right-of-way from centerline. In addition, the applicant will paya Washington CounryTraffic Impact Fee ('I'IF). SECTION VII. OTHER STAFF COMMENTS The City of Tigard Police Department has reviewed the proposal and has no objections to it. The City of Tigard Engineering Department has reviewed the proposal. Findings are included in the Access, Egress and Crrculation section and Street and Utility Improvements section of this decision. Requirements are included in the conditions of approval. Full Comments are in the land use file. St.Anthony Catholic Cemecery PAGE 17 OF 18 CUI'2007-00005/VAR2008-00001 2/25/08 STAFF REPORI"TO'IT-� HEARINGS OFFIC�R SECTION VIII. AGEN� �OMMENTS . Tualatin Valley Fire and Rescue (TVF&R) has reviewed the proposal and has no comments or concerns. Clean Water Services (CWS) has reviewed the proposal and confirms that connections to sanitary and storm lines are not requu-ed for the pro�ect as proposed. CWS notes that any future development or w�ll have to comply wzth �WS standards. Disturbance of more than 1-acrc of thc cemetery srte or public improvements u� the right-of-way will requu-e a NPDES 1200-C pernut and compliance with CWS standards. Per CWS, no sensiti�>e lands are on or within 200 feet of the site. Full comments are in the land use f ile. � Februa 15 200 PREP D BY: E y " ATE s�stant anner /� / � r c- CL�/� -C�� ✓ , F a 15 2008 r ebru RE WED BY: Ric ard H. Bewersdo �� ATE Planning Manager St.Anchony Catholic Cemetery PAGE 18 OF 18 C[JI'2007-00005/VAR2008-00001 2/25/08 STAFF REPORTTO'IT-� HEARINGS OFFIC�R �� `._.-�1V --I� � ��/i--/\�—� / ��\—j �"""—v��v\��- i=.__:_------�I �"``v � ��r'' .. . _ � \ \�C ,/� �\� �_ /� \/ _.--�'f \ � � ;' �- ; ;'� � � �' !, ;��``� ��---�--�-�-r--r-- ' ��! '��, i� � VICI N I'I��" MAI' '�. � �-�--` / � ' / � � � J I �!' ; -;-- , �� \ � � ' I ��G�� //�r //`\ �/ �/--� �r- i I =_________ i !�N I ! �/ � I / �.--� �-�-----�~�_ � � —';F i CCJI'2007-00005 . i�r _�� L � I I ;—� 7 i T i i i--I __��' . � �`� � �� S 7'. �H��S ; i;� �G' � � �, I ' ' � � / -- � ;/ --��- � ,---�----.i CATHOLIC ~ ^ j CHLJRC�I , �N � , ;� �� I � - �-- � I ' �� , � � � CEMETERY , WHISTLER S LP \__� I � j EXPANSION FAIRVIEW LN Q ' ' —�) � H i � LEGEND: ! �— �j � \ --� suBJECr , � � si� � u., � -- � Q � .I .,.,�>r,s�-...I I _ � �) .��: � I � _i �. _ .f..: .S I� — ' VIE T N— �`� — _ . � _ ( � I i �ta„� _ . _„ , .. ��' ;, �I ' GAARDE ST GAARDE T-- � ' 9� � �E`''r 9c1�C riU�. �� L4i�d'n' ' �J � I ✓, �^l�j_ � I � Tiqard Area Map _� � ._— _ .— . _--- w � w CD i N Q � 1W � 0 70 140 210 2B0 350 Fee[ u�i RE - — 1"=286 feet N � � C E • 2I � � � (n � � � Information on Ihis map is for generel locatioo only and �— should be verifieG wilh the Develo0�n1 Services Division. 13t25 Sw Hall Blvd — � Tlgard,OR 97223 I , � � � � (503)639-4171 � --------- —�---- -�---- --- �—=------\�------------=-------- �-�, ffi htlp7/www.ci.tigard.or.us Community Development Plot date: Dec 26, 2007;C:lmagiclMAGIC03.APR \ - - �_. �.�� `-�.� ---r`-3'- •�- --- - --166' - - - - � /� / i �� c � � r / � � �r � ��'y�, �`F� / ( I � I ` �'"` ��h `'� �^�} I / I �_� � I �„I� � i (1 �II.� _'i'��_.. _ ._. �� . - � . � .� � �°' 3�0� � �`� ' I 65,82B S.F. ��.,,, / I I , / 1 I � ... _. _ _._. __. : ... �� _.. . .......... ... �� I . i..__ _ _ _.___ _ _ , _ __.._. . ._.__.� _ ._..._...... �'/ j � ; , �1 _. . ._ _ _. = � � � TREE INVENTORY LEGEND ,,� � � `'�� oorn+c a+-s�� "'"'`4; �, � , ��° � � i � ��'� % i '� ; � ��,»��-9,�,� _% i ; i ' i ; i � ��,��.�� i i • /r � � ��, /;r1� � �Ra�os�o 4-Fr FtxcF � �~ - � /- � : 1 '+,..�''� i � � � �� / � � � I i ' a i i �` � i � i / �� y ' � �'� i � / � , / � i W i i i � � i i - � i i - i i i j 166' ' j r�]�� '�__ __��— ___�___'�� :,� ,7�"� � . �rt G_ �_--�.��•�-�--•-�-•-�•--•--•�_ �315�,n ��, -------- � ° �-- -- -�------�o — ° --------- - Q--+.�— �� o ------- -�---�----------- o �e�r�� T��.�T �-------------o------�----- — --- -- ° _ __—__—__—" ..\ ____'_ '—'o'_ _�NORT1"'_i__ _ N _ � �1 I I `!��;�Q � �i�� i ' J�d �0�'� /�li4.J � � � ; PREL/M�NARY PLAN' � ■■ lannin �.� SCALE 1�� = so� COND/TIONAL USE PERMIT � ��inc. S�!!1;�"�; p gPartners�ips 8 Peifortnance DATE.• 11-27-07 GAARDEST 2S103CD03400 ar� �t.:.�:;„: �+eoswF�oon.sWezo� so�ee..ioso PortlaM,OFB'/713 5036N-107AFU PROJfCT.• 07-TAB-508 ST.ANTHONYCHURCH - EXH I B IT�..,. ',Roman Catholic Archbishop of Portland in Oregon CLJP2007-00005 2838 E. Burnside ST. ANTHONY'S CATHOLIC CHURCH Portland, OR 97214 CEMETERY EXPANSION Roman Catholic Archbishop of Portland in Oregon, And Successors, a Corporate Sole "NOTICE OF FINAL ORDER BY THE 2838 E. Burnside HEARINGS OFFICER" Portland, OR 97214 St. Anthon�s Catholic Cemetery Attn: A1 Tabayoyr�n 9905 SW McKenzie Street Tigard, OR 97223 Plaruiing Resources, Inc. Attn: Dan Jung 7160 SW Fir Loop, Suite 201 Portland, OR 97223 Al Tabayoyon 9867 SW Kable Street Tigard, OR 97224 Leslie M. Sieg 13665 SW Fern Street Tigard, OR 97223 Bruce Hollister 14380 SW 114rh Tigard, OR 97224 Ken Sandblast 7160 SW Fir Loop, #201 Tigard, OR 97223 � � I �G� � Q l� S � ' o c v � ,; � . !<"'►i ''� �„� � � 1 \J 1 V i �J�i ! � � � �� r�...�:��:�-��: �EMETERY City of Tigard, Oregon Applicant: AI Tabayoyon St. Anthony's Cathofic Ceme#ery 9905 SW McKenzie Street Tigard, OR 97223 Phone: 503-639-4179 Fax: 503-624-2364 Owner: Roman Catholic Archbishop of Portland �n Oregon, and Successors. A Corporata Sole 2838 E. Burnside Portland, OR 97214 Phone: 503-234-5334 Fax: 503-234-2545 Prepared by: AI Tabayoyon St. Anthony Catholic Cemetery 9905 SW McKenzie Street Tigard, OR 97223 Phone: 503-639-4179 Fax: 503-624-2364 Liz Eddleman Planning Resources, lnc. 7160 SW Fir Loop, Suite 201 Portland, OR 97223 Phone: 503-684-1020 Fax: 503-684-1028 IizeCa�prilanduse.com September 5, 2007 :� planning inc. ST. ANTHONY'S CATHOLIC CEMETERY 1 Application Forms • Copy of Signed Application Form • Copy of Fee Check 2 Proof of Ownership • Current Deed 3 Applicabfe Code Responses • Project Narrative • Adjustment Request • Impact Statement 4 Meeting Information • Pre-Application Notes 5 Service Provider Letters • C1NS Prescreen • Tualatin Valley Fire and Rescue 6 Neiqhborhood Meeting Information • Copy �?the I��eighborhood Meeting Letter � • Affidavit of Mailing and Posting • Copy of Labels • Copy af Sign kn Sheet • Copy of the Meeting Minutes • Copy of site Plar�/Agenda 7 Miscellaneous Enformation • A`fidavit of Fence ,Agreement 8 Plan Sets • 8x"0 Plar. Sets Attached: • Plan Set— 24 x 3G � �� E�l;iniiii;;; lnr. � � J PR&APP.HEID BY CITY OF TIGARD PLANNING DIVISION �q - LAND USE PERMIT APPLICATION r City of Tigecrd Perrrat C',ertter 13125 SWHaII Blzd, Ti�zrr� OR 97223 Phane• 503.639.4171 Fax:503.598.1960 File# 7 l� . , -(`1 Other Case�l r � " , I i Date �� By Receipt#/ Fee Date Complete � TYPE OF PERMIT YOU ARE APPLYING FOR ❑AdjustmenrlVariance (I or II) ❑ Mmor Land Partition(II� ❑ Zone Change (II� ❑ Comprehensive Plan Amendment(I� ❑ Planned Development(III� ❑Zone Cliange Annexation(T� [�Conditional Use (III� ❑ Sensitive Lands Review(I,II or III� ❑ Zone Ordinance Amendment(IV) ❑ I-�istoric Overlay(II or III� �Site Development Review(II) ❑ Home Occupation(II� ❑Subdivision(II or III� O PRO ED A '[IR ress a e �J`h! —�-7?.�+cz..�� .�T ��Tw�FN l 1�+�'�' � I 1$�'C-�— nx Mnns&i 2v �o3C17 03400 AL I I E loS, S 27_f3 �- � 'R- 4.5 APPLIGANT�: �. —i�ht�l�I'�-}p N� l�f�r��-{O 1._I G �l�Ll E�"�� MAILIN AD p �a D� �1 tV(C 1C��►Zt � S'r'. H NE NO. So�—��q-4►7R �� -�2�-z3�4 PRIMAKY C;O PLftSON NE NO. ,A�- ��.�.�,�f o-�o►y ��-330-g�.crL PROPERTY OWNE DEED HOLDER Attac t' more one �cnn��•► C�-r-►-�oL�G-�,c,,.� p o� ��,r-►.ari ra ,►.a O�c-r O r� su,cr.��a Qs MAI NG ADD S S A I � Cp�,�70 ,R�;� C>p�� Z�8 3 S �-, �c�-a-+�sr� �s�--r��-,-b oiz. 9'!2.t 4 H NE NO. O. �o�-23�{r—��i�E- 503-2�-7��4-5 '"`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 autliorization with this a licarion. PROPOSAL SLJMMARY ease e spec'u ,� Q c��4� �R.-� "Sv�+.d�. "al.o-r �o `�i�i�1-��a LoT �c5 8 2 7.8 . a ro _S c�c�s APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS DESCRIBED IN THE "BASIC SUBMITTAL REQUIREMENTS" INFORMATION SHF.ET. :.�..----�-�----__.._�, , ,- „ , . . THE APPLTC'1ANT SHALL CERTIFY THAT: ♦ If the application is granted,the applicant shall exercise the righu granted in accordance with the terms and siibject to all the conditions and].unitations of the approval. ♦ All the above statements and the statements i.n the plot plari,attachments,and e�ibits transmitted herewith,are true; and the applicants so acknowledge that anypemut issued,based on this application,map be revoked if it is found that anysuch statements are false. � The applicant has read the entire contents of the application,including the policies and criteria,and understands the requirements for approving or denying the application(s). SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. ��.-- � - ��/ )' -- ��a�. �y. ��. � �1 Owne ignature Date Ownei's Signature Date Owne�'s Signature Date Owne�'s Signature Date Owne�'s Signature Date Applicant/Agent/Representative's Signature Date '�pplicant/Agent/Representative's Signature Date 4 LAND USE PROPOSAL DESCRIPTION = _ ' 120 DAYS — 5/7/2008 FILE NOS.: CONDITIONAL USE PERMIT (CUP) 2007-00005 .-�DJUSTMEN'I' �':�R) 2008-00001 FILE TITLE: ST. ANTHONY'S CATHOLIC CHURCH CEMETERY EXPANSION APPLICANT'S APPLICANT: St. 13nthony's Catholic Cemeter�- REP.: Planning Resources, Inc. rlttn: A1 Tabayoyon Atm: Dan Jung 9905 SW McKenzie Street 7160 SW Fir Loop, Suite 201 Tigard, OR 97223 Portland, OR 97223 OWNER: Roman Catholic r�rchbishop of Pordand in Oregon, and Successors, a Corporate Sole 2838 E Burnside Ave Portland, OR 97214 REQUEST: The applicant is requesting a conditional use permit to convert a 1.51-acre property from single-family residenrial use to cemetery use. The subject properry is a vacant lot of record that once served the single-family home on the property to the west. The existing cemetery is immediately east of the subject lot. The applicant does not propose any buildings, removal of any trees or installation of si�ns. St. �nthony�'s Catholic Cemetery is proposing that the subject lot be used for religious burial of human remains so that it may continue to offer the service. The proposed use is a condirional use in the R-4.5 zone, requiring a public hearing. The applicant has also requested approval for an Adjustment to the ininiinum spacing standard of driveways and streets along an arterial because the proposed drivewa�� does not meet the 600- foot spacing standard. There is a street intersecrion (SW 117`h 1lvenue) directly� across from the proposed driveway. LOCATION: North side of SW Gaarde Street between SW 115`'' 11ve and SW 118`h Ave, neighboring and west of the etiisting cemetery at 11585 SW Gaarde Street;Washington County Tax i�1ap 2S103CD,Tax Lot 3400. ZONE: R-4.5: I.ow Densin� Residenrial. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessorv residential units at a miiumum lot size of 7,500 square feet. Duplexes and attached single- family-units are permitted condirionallti�. Some civic and insriturional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.360, 18.370, 18.390, 18.510, 18.705, 18.725, 18.745, 18.755, 18J65, 18.780, 18.790, 18.795 and 18.810. DECISION MAKING BODY BELOW: ❑ TYPE I ❑ TYPE II � TYPE III ❑ TYPE IV COMMENTS WERE SENT: JANUARY 11,2008 COMMENTS ARE DUE: JANUARY 25,2008 HEr�RINGS OFFICER (MON.) D.-�TE OF HEI�RING: FEBRUARY 25, 2008 TIME: 7:00 PM PI.ANNING COMMISSION (MON.) ll.1TE OF HEI�RING: TIME: 7:00 PM CITY COL'NCIL (TUES.) D.-�TE OF HEr1RING: TIME: 7:30 PM ST�FF DECISION (TENTATIVE) ll:1TE OF DECISION: COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION VICINITY��P STRF.F.T& I;�TILIT'�'PI.��N I�.�ISTING CONDITIONS SITE PL..�N TRI?I�. PI.AN IMPi�CT S'I`[�DY NARR_i11IVE GR:IDING PI.AN STORM H20 r1Nr,LYSIS STAFF CONTACT: Emily Eng,Assistant Planner (503�639-4171,extension 2712 c��2 �� "`��"°� � . CZty Of Tigard, Oregon � 13125 SW Hall Blvd. • Tigarct, vR 97223 March 12, 2007 �� Bruce Hollister . � � A1Tabayoyon St. Anthony Cemetery 9905 SW McKenzie Street Tigard, OR 97223 Dear Bruce and Al, The City has received your letter requesting an extension of 6 months for Conditional Use Permit pre-application notes. On behalf of the Planning Manager, I am writing to confirm that this request has been granted. The notes are valid for an additional6 months after they expue on Ma.rch 14, 2007. Sincerely, G%� t Emily Eng Assistant Planner Phone: 503.639.4171 . Fax: 503.684.7297 . www.tigard-or.gov . TTY Relay: 503.684.2772 � , �4 ,� � .?f ST. AN'1�HONY CEi�IL�l`EPY '_� ��"�� ` '= _ 9J05 S`�' ��ICI�LN%IE STREE�l� . ` �1�IGAR1�, OP �)7�23 iw�: '� w�``� PIIOl�TE: 503-G39-=�179 "',�j� '��`c,°•. �fi...�; FA�: 503-6�=�-�3G4 � � �a.��- __ � . �{4 ��;,�-�`- March 8, 2007 Dick Bewersdorff Planning Manager City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 Mr. Bewersdorff, Our Conditional Use Pernlit Pre-Application Conference meeting for the St. Anthony Cemetery addition occurred on Septe�nber 14, 2006. The Pre-App Conference Notes are due to expire on March 14`�', so we are requesting an extension of an additional six months. As suggested by Emily Eng, we are attaching a copy of the notes so you can determine if any of your standards have changed. If you have questious, feel free to call us: Bruce Hollister ... 503-593-3194 (cell) A1 Tabayoyon ... 503-330-8402 (cell) Sincerely, ' �r` _ Bruce Hollister A1 Tabayo Cemetery Director Cemetery Board Chairman . � City of Tigard, Oregon 13125 SW Hall Blvd. • Tigar�, R 97223 October 9, 2007 �� : � `�;,,, � � A1 Tabayoyon ,��L,;fF � r:�,L St. Anthony Catholic Cemetery . � � 9905 SW McKenzie Street Tigard, OR 97223 RE: Completeness Review- St. Anthony Catholic Cemetery Expansion Case File No. CUP2007-00005 Dear Al: The City has received your application for Conditional Use (CUP2007-00005) to expand the St. Anthony Cemetery by changuig a residential use to cemetery use. Staff has determined your application to be incomplete. The following is necessary so that your application can be deemed complete. � Revise site plan to indicate lighting - ':C • Re�ise site plan to include species of street trees • Tree Plan: o Tree plan by certified arborist is required (includes inventory,removal, protection and�tigation); ,� �' o Inventory must include species and size of trees �. • Items on the Public Facility Plan Checklist (see enclosure) ,; Please submit the above items at one time included in three new copies of the entire applicauon packet. You may also bring the requested items and insert them into the e�sting application packets at the City of Tigard Permit Center. A public hearing will be scheduled upon completeness. The review process will take about 6 to 8 weeks. Please be aware that staff has not reviewed the application for compliance with the code and may request additional items during the review period. If you have any questions, please contact me at (503) 718-2712. Thank you. Sincerely, �� l� �_�� Emily Eng Assistant Planner Enclosure: Public Facility Plan Checklist Phone: 503.639.4171 . Fax: 503.684.7297 . www.tigard-or.gov . TTY Relay: 503.684.2772 PUBLIC FACILITYPLAN Project: .._. Anthonv Cemete►v COMPLETENESS CHECKLlST Date: 10/8/07 GRADING � Existin and ro osed contours shown. ❑ Are there radin im acts on ad�acent arcels? ❑ Ad�acent arcel rades shown. ❑ Geotech stud submitted? STREETISSUES � Ri ht-of-wa clearl shown. � Centerline of street s clearl shown. � Street name s shown. ❑ Existin / ro osed curb or ed e of avement shown. Show this ❑ Street rofiles shown. ❑ Future Street Plan: Must show street profiles, topo on ad�acent arcel s , etc. ❑ Traffic Impact and/or Access Report The access on 915t Avenue is allowable. The access aligned with 117`h Avenue and the access between 115t`' and 117"'Avenues do no meet the spacing standards. The applicant has applied for an adjustment to the spacing standards for the driveway opposite 117�"Avenue, however the driveway between 115t'' and 117`h Avenues must be removed. !t does not meet the spacing standards and with fhe approval of the driveway opposite 197�''Avenue there is no need to provide an additional, non- conformin drivewa . Remove drivewa . ❑ Street rades com liant? � Street/ROW widths dimensioned and a ro riate? ❑ Private Streets? Less than 6 lots and width a ro riate? ❑ Other: Preliminary sight distance certification Provide this for proposed access opposite 197`n Avenue see re-a notes SANITARY SEWER ISSUES ❑ Existin / ro osed lines shown. NA ❑ Stubs to ad�acent arcels re uired/shown? WATER ISSUES ❑ Existin / ro osed lines w/sizes noted? NA ❑ Existin / ro osed fire h drants shown? ❑ Pro osed meter location and size shown? ❑ Pro osed fire rotection s stem shown? STORM DRAINAGE AND WATER QUALITY ISSUES ❑ Existing/proposed lines shown? Show how runoff from existing driveway is REVISED: 10/08/07 taken care of. ,w long has driveway been there-jusf since new driveway was constructed? ❑ Preliminary sizing calcs for water quality/detention rovided? ❑ Water ualit /detention facilit shown on lans? ❑ Area for facilit match re uirements from calcs? ❑ Facilit shown outside an wetland buffer? ❑ Storm stubs to ad�acent arcels re uired/shown? The submittal is hereby deemed ❑ COMPLETE � INCOMPLETE � / By: �� Date: 10/8/07 REVISED: 10/OS/07 I.AND USE APPLIC�'ION Dateect: c� �z�� - oo��s � COMPLETENESS REVIEW ❑ COMPLETE ❑ INCOMPLETE STANDARD INFORMATION: Deed/Title/Proof of Ownership � Neighborhood Mtg.Affidavits, Minutes, List of Attendees ❑ Impact Study(18.390) �9f�Service Provider Letter Construction Cost Estimate ❑ Envelopes with Postage(Verify Count) #Sets Of Application Materials/Plans-"Paper Copies" ❑ Pre-Application Conference Notes ❑ #Sets Of Application Materials/Plans-"CD's" PROJECT STATISTICS: � ❑ %of Landscaping On Site ❑ %of Building Impervious Surface On Site � Lot Square Footage PLANS DIMENSIONED: � � rint s)`-?;��+flg-�paee Where-�ppfieftb}e n °""�""" �^�"ht Access A roach and Aisle � Pp '� Visual Clearance Triangle Shown NS: 'ne11 VI �_�S `�`'�^�` »i ^�� U S'�� , Y1 G S y- PJ� ❑ Tree Inventory �- � . . � a� �� Si zC � Site Plan ❑ Lighting Plan T � 1 v�� cw�- _�� . I ...------ - -- �� _.__`� �f JI`lC--L � TREE PLAN!MITIGATION PLAN: - ❑ ❑ ❑ ❑ ADDITIONAL REPORTS: (list any special reports) ❑ ❑ ❑ ❑ RESPONSE TO APPLICABLE CODE SECTIONS: ❑ 18.330(Conditional Use) � ❑ 18.630(Washington Square Regional Center) ❑ 18.775(Sensitive Lands Review) ❑ 18.340(Director's Interpretation) � 18.705(AccesslEgresslCiroula6on) � � 18.780(Signs) � ❑ 18.350(Planned Developmenq ❑ 18.710(Accessory ResidenGal Units) ❑ 18.785(Temporary Use Permits) ❑ 18.360(Site Devebpment Review) ❑ 18.715(Density Computations) � 18.790(Tree Removal) � � 18.370(VananceslAdjustments) - ❑ 18.720(Design Compatibiliry Standards) �]c 18.795(�sual Clearance Areas) i ❑ 18.380(Zoning Map/Text Amendments) ❑ 18.725(Environmental Performance Standards) ❑ 1 a.79$(Wireless Communication Facilities) ,� 18.390(Decision Making Procedureslt�act Study)Y ❑ 18.730(Exceptions To Development Standarcls) � ,�$10(Street 8 Utility Improvement Sta'ndards i ❑ 1 H.41 O(Lot Line Adjustments) ❑ 18.740(Historic Overlay) ❑ 18.420(Land Partitions) ❑ _1�8�.742�H�ome Occu a6on Permits) l�e.�.�- ❑ 18.430(Subdivisions) 8 71 45(Landscaqinq 8 ScreeninQ Standar �iu F�tu� y (� � . �. 18.510(Residential Zoning Districts) � ❑ 18.750(Manufactured/Mobil Home Regulations) ❑ 18.520(Commercial Zoning Districts) ❑ 18.755(Mixed 5olid Waste/Recycling Storage) ❑ 18.530(Industrial Zoning Districts) ❑ 18.760(Nonconforming Situations) ❑ 18.620(Tigard Triangle Design Standards) ❑ 18.765(Off-Street ParkinglLoading Requirements) ADDITIONAL ITEMS: I:lcurpinlmasterslforms-revisedlland use application completeness review.dot REVISED: 6-Jun-07 �� planning ` . _ :inc. land use planning•site design �i6o SW Fir Loop,Suite 2oi Portland,Oregon 9�223 Tel:503-684-iozo Fax:5o3-6S4-io28 November 27, 2007 Emily Eng Assistant Planner City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 RE: Application Completeness Review for St.Anthony Catholic Church—CUP 2007-00005 Dear Emily: This letter and enclosures are submitted in response to your October 9, 2007 letter requesting additional information in order to deem the above application complete. Each of the items raised in your correspondence are addressed as follows: 1. Revise Site Plan to indicate lighting. The applicant does not propose installing any additional lighting at this time. 2. Revise site plan to include species of street frees. Please find an updated site plan including species of trees. 3. Tree Plan. Tree plan by certified arborist is required(includes inventory, removal,protection and mitigation). Please see the updated tree plan including inventory, removal, protection, and mitigation. 4. Tree Plan. Inventory must incJude species and size of trees. Please see the updated tree inventory included herein this submittal indicating the size and species of trees. 5. Items on the Public Facilities Checklist. The applicant addresses items on the public facilities checklist below. ■ Show existing and proposed curb or edge of pavement. Included in the attached documents is a site plan with an aerial overlay depicting the approximate location of existing street improvements. No new street improvements are proposed in conjunction with this application. ■ Traffic Impact and/or Access Report. The access aligned with 117th and the access between 115th and 117th do not meet spacing standards. The applicant has applied for an adjustment to the spacing standards for the driveway opposite 117th, however the driveway between 115th and 117th must be removed. !t does not meet the spacing standards and with the approval of the driveway opposite 117th there is no need to provide an additiona!non- conforming driveway. Remove Driveway. The aforementioned appeals has been submitted to allow the retention of both existing driveway access points onto SW Gaarde Street. Currently these accesses are operating at an acceptable level and the approval of this application to expand the existing cemetery by 1.5 acres will only minimally increase the use of these driveways. The application requests the submitted adjustment be approved. ■ Preliminary sight distance certification. Provide this for proposed access opposite 117"' Avenue. Included herein this submittal is a site distance certificate prepared by Lancaster Engineering for your review. ■ Show how runoff from the existing driveway is taken care of. How long has the drive way been there-just since the new driveway was constructed? The bordering grass turf absorbs runoff naturally. In the Summer of 2004 as part of the Gaarde street improvemenUwidening, the City of Tigard put in the curb along the property including the driveway entrance. In SepUOct 2004, St.Anthony Cemetery put in the gravel drive that extends from the City's driveway entrance. In April of 2005, St.Anthony Cemetery resurfaced the gravel drive with asphalt. Please proceed with processing this application. If you have any questions or require additional information, I may be contacted at 503-684-1020. Sincerely, Dan Jung . w City of Tigard, O�regOn 13125 SW Hall Blvd. • Tigara, JR 97223 Deccmbcr 7, 2Q07 �� ` �. � llan Jung - ;: � 7160 SW Fir Loop, Suite 201 �.;��4 . Pordand, OR 97223 �� RE: Completeness Revie�v- St. Anthony Catholic Cemeter�- Expansion Case File No. CUP2007-00005 Dear Dan: The City has received your application for Conditional Use (CUP2007-00005) to expand the St. Anthony Cemetery by changing a residential use to cemetery use. Staff has deternuned your application to be substantively complete. The following is necessary so tliat your application can be deemed complete. • Fight (8) copies of complete application package, including full and reduced (11" x 17") size plans; • Two sets of business-size envelopes with first class stamps (not metered) and current address labels affi�ced (leave xeturn aciciress blank). A public hearing v��ill be scheduled upon completeness. The review process will take about 6-8 weeks. Please be aware that staff has not reviewed the application for compliance with the code and may request additional items during the review period. If you have any questions, please contact me at (503) 718-2712. Thank you. Sincerely, ..- � �� - _ Emily Eng Assistant Planner Copy:A1 Tabayoyon Phone: 503.639.4171 . Fax: 503.684.7297 . www.tigard-or.gov . TTY Relay: 503.684.2772 PUBLIC FACILITYPLAN Project: �c. AnfhonvCemetery COMPLETENESS CHECKLIST Date: 10/8/07 GRADING � Existin and ro osed contours shown. ❑ Are there radin im acts on ad'acent arcels? ❑ Ad�acent arcel rades shown. ❑ Geotech stud submitted? STREETISSUES � Ri ht-of-wa clearl shown. � Centerline of street s clearl shown. � Street name s shown. ❑ Existin / ro osed curb or ed e of avement shown. Show this ❑ Street rofiles shown. � Future Street Plan: Must show street profiles, topo on ad'acent arcel s , etc. Traffic Impact and/or Access Report The access on 115` Avenue is allowable. The access aligned with 117t''Avenue and the access between 115ih and 117tn Avenues do no meet fhe spacing standards. The applicant has applied for an adjustment to fhe spacing standards for the driveway opposite 117�h Avenue, however the driveway between 115r'' and 117r`'Avenues must be removed. /f does nof ineet the spacing standards and with the approval of the driveway opposite 117�h Avenue fhere is no need to provide an additional, non- conformin drivewa . Remove drivewa . ❑ Street rades compliant? � Street/ROW widths dimensioned and a ro riate? ❑ Private Streets? Less than 6 lots and width a ro riate? Other: Preliminary sight distance certification Provide this for proposed access opposite 117th Avenue see re-a notes SANITARY SEWER ISSUES ❑ Existin / ro osed lines shown. NA ❑ Stubs to ad�acent arcels re uired/shown? WATER ISSUES ❑ Existin / ro osed lines w/ sizes noted? NA ❑ Existin / ro osed fire h drants shown? ❑ Pro osed meter location and size shown? ❑ Pro osed fire rotection s stem shown? STORM DRAINAGE AND WATER QUALITY ISSUES ❑ Existin / ro osed lines shown? Show how runoff from existin drivewa is REV IS ED: 10/08/07 taken care c... How long has driveway been there-just since new driveway was constructed? ❑ Preliminary sizing calcs for water quality/detention rovided? ❑ Water ualit /detention facilit shown on lans? ❑ Area for facilit match re uirements from calcs? ❑ Facilit shown outside an wetland buffer? ❑ Storm stubs to ad�acent arcels re uiredlshown? The submittal is hereby d emed �COMPLETE � INCOMPLETE By: Date: 10/8/07 � � � � REVISED: 10/08/07 1 ■■ plannin�Resource:�inc. TRANSMITTAL � �� . s � 7160 S.W.Fir Loop, Suite 201 Portland,Oregon 97223 Tel:503-6841020 Fax 503-6841028 Date December 13, 2007 To City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Attn Emily Eng Phone 503-639-4171 Project No. CUP 2007-00005 Project Name SW Gaarde St. Re :SENDING YOU ❑ Application Submittal ❑ Attached ❑ Courier � Hand Delivery ❑ Resubmittallnfortnation ❑ Separately ❑ Mail ❑ Pick-up ❑ Prints COPIES DATE NO. DESCRIPTION 8 A lication Binders 8 Resubmittal Packets 2 Business envelo s stam and addressed THESE ARE TRANSMITTED AS CHECKED BELOW , ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval Copy to Signed � (/�-�c�2.�� arron Rea ■■ lannin � I�esour�esinc. �'��+��C� � :-� p g 1 7160 S.W.Fir Loop, Suite 201 ; ; .. ;Lj�- rf^A�� Portland,Oregon 97223 ya ' ` �,at1 Te1:503-684-1020 Fax:503-684-1028 � _��!"�i�µ»r:;'i��!(�� TRANS��'�`rTAL Date: January 8, 2008 To: City of Tiqard 13125 SW Hall Blvd Tiqard, OR 97223 Attention: ��►� 1�1 En°� Phone: Application No.: Project Name: St. Anthony's ❑ Application Submittal Via: � Hand Delivery ❑ Resubmittallnformation ❑ Courier � Other Application Information ❑ Mail COPIES DATE NO. DESCRIPTION ✓ 1 Check for$307.50 (Adjustment Fee) ✓ 1 Set of stamped and labeled envelopes � For approval �For Use ❑ For reference Notes: Copy to Signed�S/�iL Q��-�`�J Sharron Rea � -ti�-S� City of Tigard, Oregon 13125 SWHaII Blvd. • Tiga: �R 97223 Tan�ian- 9, 2(lp� �� Dan Jung . � � Planning Resources, Inc. 7160 SW Fir Loop, Suite 201 P�rtland, OR 97223 RE: Completeness Review- St. Anthony Catholic Cemetery Expansion Case File Nos. CUP2007-00005,VAR2008-00001 Dear Dan: The City has received your submittal for Conditional Use (CUP2007-00005) and Adjustment to the Access/Egress Standards (VAR2008-000001) to expand the St. Anthony Cemetery by changing a residential use to cemetery use. Staff has determined your applicarion to be complete as of January 8, 2008. A public hearing is scheduled on February 25, 2008 at 7 �.m. at Tigard Town Hall. Please be aware that staff has not reviewed the applicarion for compliance with the code and may request addirional items during the review period. If you have any questions, please feel free to contact me at (503) 718-2712. Thank you. Sincerely, C. ^ �--C �� Emily Eng Assistant Planner Copy:A1 Tabayoyon Phone: 503.639.4171 . Fax: 503.684.7297 . www.tigard-or.gov . TTY Relay: 503.684.2772 _`_ ,•�_ ._ Z .7 �!�� , _��v � _ -- -- - ..�_-�---- =`-_ . . � �-b�lon��ing. tituatsC Sa t�r reant� ef tscaaits�tan and Stete OL U7�SOT� te-wlt� ' � Lob (S). s:x (6), !� SlocY (13;, Lot On� (1), Tee(2)� ;Lrea (3), Paar(<„ P1ss f5)� 3iz ,.1 1 �� (6), waa (7�� d C1gbt (8}� ��a auoal Tourt��n (1+'), �ortt P1nin:� ncocr�in6 to tS� reoord+d Ipl�t 1.A eet oa 'ile snG af leoord ia Lhe c':Jos of ths Reoorder of Cov��e�anosu for �nnLL-�gt.oq O � Conn4r� Os m. • - ' . - Y� AAVE�i0 F�w7 tLe ia.-e ba2e tLe e_�_latee e.�d unto her �elra and aeai�u Y � for�ver. Itid E grenLOi Qxs ee�an�nf. Ce ead with l.Ls•. grs�Le• tLni LLa sa1Q yreoiBea �TS • � lree from inoumb os� �s�e�t taxsa em� anae�emenLe levled or ssseassQ eiaos tbr 11rsIfLIl 7ay � pt Aprt1 1911. �nd • syt sslea cn ac�oun! oC auoh 6nxe� o: see�aeaeate� and f.ha6 St 1� Lhs !+ l��tvl ewner of s�id 9r •a, aad L.�.nt !1 �ill� nna ita tuoa�seora sLal2� Rass�a� aa4 def*nd ' •A ' � th� ew Se the eai�� Le he�s atd sae � � ignr Sorevsr� �5�laat !A� laxtVl ol�fas end dem�.ia r � oT aal palweas rhomses�as. i� �I�'SS Cr��OP, the R95H i[s:Ail17 COS�AHY hse oeuesd tIle�• N �: I prsee^t• Lo D� �Sgtf�ll Dy Sts Pr iCe�f. and attesLsd b� Sts �sor�t+r� tho:r�aLo Oyl.� ent]oTlsad, -� t� 1 �aQ�its oorpors�e asa2 �o D• hat. eo zrr�.a +.nis 2su a.r of 9ovezbar �.D.1916 � j Signed� S�al�d and D�l1��reQ tn tts •s�noe ot R� ��'�C018ARY '' ue ge �Stnssroe� ' ��-pp� Hr L.C.Cilmea Presldea: �—� � Psstson '�a1 �•'� � �.R.K�ndsiok •lQssst: - : -: • •.:Seor�tsr� . ; ; S'fATE OP OBl7',05 .• ; ! , Ceunt� ot tCltraao�.L.._sa. n thla$.Sih daq oS Noreob�r 3916,�e se •, , n , V r i. � ayyass�d L.C.631uaa� :o u p�rseaa�l,� Imowa, w Leing dpiT svosn dld tyr il�+; h� !a t.t�� praa!- . t dsat ef th� $II7°J AEAIIIY tOk?A7Y, a� :Lat Lhs ae �f!ixed Le srid 1sa�trvseaL is tns eorpara`a � ss�l et •sid oorpor�tfon, �ad tLs� •std �tr�rt ■ si��d �nd s�wled in b�tklt a� ssid :O � o�..•por�Lioa Ly a�tporltr 3f it� Deard oi Qirw tnra� �ald L.4.61]msa �olmowl�dg�d e��4 • • �;.,�r SnoLrupsAL f.o be th• Cr�c s:L �c4 �ve_.of anid.coryose on. � ' IN rlStII;OhY ALFJ:LOP, I :sr� Lereur.tu �ei cs land nd sffixsd vJ oTfioinl eeal; Lbis, � ; th� dnr ana ras: fir�1. !a L2�L^. t� aerLL�iosta iriL.�n. S. D�raett ' {� S�a' Ib o 1ss2�oa�ipiruial!ov 210re�D. � PSIsd !or tseerd Jan, 5. 1917�!8s3S o�olozk A.II. ' � Jsmee 11.Davi�. F�eosau ot Cezrerano�s. 1 3933 ' xoma CatLolfo 4rokDSahop ef tA� Diea�s• o! 9regoq' 4'0 'Arob63�oes� oS (`reger� CSt�• � ,a,�, , � lptpy wld, smq gr 181,� Y�.�SfSi6e :h�t tb• 'Rem+a C�tlolio 11roLbi■pop ef ZLs Diooe�• e! }v,>.� .� � - . ij;��' e or�gea,• a eosposatios soI• da� e:eaala�d and �:1�ting rndsr ihs �aws ot Oregoa. 3a ooaa3d�r �1 �' �tlov� of Oa� Dv11sr 181.001 to it 3A h�ad psld DY tp� 'AroIIaioo�s• ct Ore6ea Cit,T,' w ootpoa�- 1 �' tion dnly osgaais�0 and �:lstlay aades tLa lac� ot Oroaon� Ln��/D�rgsin�Q snd r•eld �nd by 6h�st . Q ` pree��a eoes gr�nt aa4 b�rbala a�! s�ll and oonY�r uato �aSdr�Aron d�roes�/�Oregoa Citr•.� �ad nnte lts saeoee�ur� saa aa�l5ns ►71 of th� fo11ow1+� E wir��eA e� O�ooriDed rral proyert� siLuatsd in Asihiagtan Caunty :a tL� stat• of Oregoa. �o-aiss • . � :�11 of tL� folIvrir�desarlDeG yi�ee or pare�l ._.-. :r;�r: � i�t. ' • y; • of l�nd 2r1r�taII hslr.a in 1rnaLiugten Cou�sOr� ,�,/ Oregoa, !s►Sectioe Pour(�G). :►ry, On�(1), SouLh �# &ss�0 Onf (1) Qest o! t�0 Al2lasssLte !Ier3d7en. ��..�4i�.� ` 1'bs t��Ot Il�reR� eo=��jeG bei�g Dounded�etid v� yartioul�TIr Ceaerl!rS �� follvws. tww3lt r c xc.nosrg ne . poiat sixe� (64) lsnk,. soueb � uf Lhs NortLwtii Carser of ih� 7torLD�sst Quart�s of L�etfoa iasr�S�. ^RD. oar (ij, Swth )tang� pas S '� {i? �eet, sfor�aaia= tLe�o• Sostb 12.4? oLs.i � theao� Warth 2B�s. =ast 7.10 ohs; tLeao� Borta � 28 d�; *�sf. 7.50 eb !� Lh� yleoa of Le63fu�lt�� ooatstalaE Tno (2� acrss ovr• er Sese{ E'' � s3ae cas rollo+rin�: •�- � � All e: tae fe�le:lag desorib•d piro• or prro�l of � � 1�, 2rJng vti D�L:� !a TnaDinatori Couatr� Gsegon, � � �� td. • . — 1�.Bsotion Yaar (S). �.p. ona fi) BeutL Raag• Oas . � �y • `� . �:- oae (1) ':e�t ef ths '�tll�e�t� Uer2di�n. ih� Lraot f.� f�_ �er�by oua��l� D�3�;; br—....G�d an4 p►r.ioulsrl� �"� d*sor3D�C es fo2lo+a, te-.:t: � . � � �� •, �UY�I.I+uI��2.y C��- �L-�41�1�.�.1 l+��4 �1S fi�.� � � �� `' 3�33 +��. t - S • lql� ��. 1ag �� . t�2 ' . i S . ---� I2ty. Lo: �i (IJ. � Plook TL1-4y (30). as sho�m br ^ ��_ ° I . � � re:cs+r1.�iai of tSa Clty oi Foreat Cro�s� Sa i � � res*_L;taa Cczat�� ora on• �1_o en. ��!r.-..,g: :3th. LoL Six (�. '.:pi�k !1) !!nsY.e`a Additlon toQi�ton, Ot6�ea, Fsehington Cpu;;7� � ]cSd out by�� „�,ssel.b y;a »olah ce 6I367ft by sa��sor�b�d aa oa th� dtitlT r�o Qod� np sn0 p1aL 4�� :+�,.fL1on on qaFe 25 ot p1eL bock of 7'm erci VSIYagee af I ` � Feah2ngteA Go�tT� Oreooa; • 1 elso tLs tollaning: � (�r �.r 41 6h. All o: Blxz 3ive (St. Surts Plsfns, Sn Sfsahingtoh Cwnty� Orogon; � aiso ;ha follwiiig: f� tSth• Coamene3s�a� t�o SeuLte4sL corn�i efYthe DofeatSon�)p2n of James `.tcFar3ind uta' } Q fillsc Jsae 3L aL�s= � Sact!cn 3, Tvsnehip 2. Srutp Rnt�e 1 Reai� Sa rasalagt�.� , Coti:�tr� SLa:e o£ �•�u�, ;,n; ru;�Sn3 :orth ibentr-fir� er:, Lhree-tentLs (25-3/10} � roaa; it.ec,es �:st �:r�ty-tive and t:roe-LR�t� (2S-j�191 rods; Lhene• Swtb ^aM1mt _ ( tlVf nnd L�ec-te�'L1s {Y'�j�10) rodap ih�nos Eesi 'poni,r-livs om! thTO�L teRLA� + . (25=3�10) ra4s Lo :t� ;),a.ce of beginn3ng, obnt�Yhir{�lonr (S) nbres raoru or.'��s;; • .�1. V alae t1�e follming: ' y. n• �e,r,tnn] t"�" �: EI th^ n; at � L—� rSn (419 i6.) iwr hundred snd otghteon Ssu� swtheaat af pn - iroa st.�x� :n •.*�e cea:.er a: the eounty kxd ae. .l. 13g �her� ths oounbr rmd trom � ,^ .. KaY 3eCeeseo�s L�e �:id eoca�.r ron�.d[os 139; tbi� beix�3 on Lhe awth bpenrar� o! � 71111ap 7ilaoe sa:�S= ,.L.C.Ife: 37i � �p• 1, A. R. 3 G�a� ot th� Afllamstt� I Lbrl111a= �Lese� ScaLh-�O�. rssL.�18 feei; tkeae� Le�C 75 do,�. xa.lA 209 fe�t; �• . � . t�.+nce nartE Tr r+a.7es:6!8 feoL; th�rws c:.st 15 d_o. $outh ^09 faet bo Lh� p c• 6: :'i'��fr-�.. "" '�'_v i: ��J :CrC�^. � . �. ._. suo �iu roi�a.i�;: � . . , �. � }Zth+ Eoin;; pirt d Sse-!m S, ;bD. 1 Sou1.A I:�r�e 2 :.e�L a' Oillaustte 1SeridL.n, sad d• or4� • fbod aa foll�s; Fr_d'su14;�t x po1r�6 on LLa �ouLh F��sterly Iins of tLa Dormtloa ad �� S C]a1m tt GeL� SoL•t�d, J!. be . L�3 Cl�1P Ho. 50 In 7by. 1.'S. R. 2 v.. astd point Dsis� 5out�45�_�'�;?C.%.5 ctnim trop the querter�actioa oornar oa th�•Fsat td ' ' �' �nid ae�tLm B� s� :aa�►is�; t'r.ax� JWLA iS d�. Esst 4.65 e9a1m; tLsnoe qaa�t . , � G9��, Aeat y..r9 e*�. to s yoL^t oriYLr.e �outtenst lis�s of s�1d YoLr.4 llalm; tD� • j �' ]fartb 45 ��. Sut :oL'�iry; sald :laisnd C1qsrj 11ae 4.I2 cLS. to tLa plao• aC � be;;lnn i�j. . �l.+o tha rol;mitvs: , eth. AlI ol Iots I'�xs ? � � . l..�_ G3 s� o� ;4)_i,► aioor. •n� sn ss�el � a3ditloa to «o �o�.a o � Sasvssto�� as s�ars sr� Ce�ertbed an Lho da17 reeorded tvrs and pl�ta ol eaid Add1 foa: � ebo tLa ro]Iwing: � ( 79�h. Coae�enoln� ct a pesi o= !�e SpstD lSn� of' lh� Chnrl�� Conkl:n nnd vite 9onetloa Lnns Clata. i:L^3�a: 1_a ��r Sostmree� oornes of tDs said John Yend� Coerri�,;�s l�n Q Sn y�Id DonstSx*� C�_1=. !a Shp. !IO i. 1[, tt. Ko. �, QeaL !n 7oshing:pr��c�upt�. • � a'lsLe of OreEm_ Ltrse rs.si pn eot¢.Go�th �Lz� �0 1'ak�= tAe:x• ?Jerth 12 ok�lns � � Rnd 3/2 linb; t_rrt :.as: 1 ehain and 2D .ink�j th:rrc• xorth G chnSns nsW 60 1 ; '' thaaa• IIeat � �:ati a3 5: l:aks to.tb0 Reot lln� of th� said Ynnde CorrSng�p L�end , tDene• Sa�i� ee a:.��:e3t 1lne 27 ohaim and o,i-1�2 �1nlp 1.o Lhe rt�eLing po1nL r � 0:•btelni� L_33 acres; '-.'.•, . � � � •2�0 :De lo:2osing: � 2otn. Cr�eno!s� ai a ro�. �► :Ra Sou:L lin� e[ ihe t4acl�s Cooklln �ad�i-', DonsLlos� � Cla;n� vhloL �atS is Rtc SuutB..�as0 oorner ot tL� enid Pet�p Ev�ra 1naS *� �.•10 i Doaetioa lsnd CLtn ;Jt �bp_ tlo. 2 1T:+R. tlo. 3 �. � 1�aDington Couny, St�t� of Or Eon� � � L'1ano� {i�ot c s-.Sd aac��+ ;�u j0 21aka; tbence lfottb il o�ilns an3 1/2 linka; tb• • ! � Aas• 1 oAsin affi 2O lic.ta; t�enc• 9ertE 6.68 ohelpsi LL�np� Ess� I ohn3n ead SO 11 s. � to LLe Saas 2Sra of sa'�1' E�rera's Innd: thoncs SootII 17 oluioa snd 68-1/2 linlcs to . , ths starL}� �LER e��inin� On� (3) r:cr• ead t31r0y- tiljr�s hundr�tL.a (33.�tC7)�� s�• � ` • elso t.M raliooirige . . , . .�r _ s � 23st. Th� ieat Osa �a•.red s.t! p�.tt,ssa leati�(2i5) of Blook Tb1r�y-four (34} Sa Lh• Orlg � _ ' , _ . TowsLliL• of Catrmises, �;a3ingC�a CouaEr, Sl.at� o! Ore�yon� as aLowa oa LLs dul.7_r� , ,. ��d pLt of a�fd lar.s 1n �'r prio• of th• Reeorder c! ♦�id Cwaly, ene mor• '. �}�.- }= . , . . . ' � , � a ��. i�� • . ��:. �'. _ . ..---'�.�..•_, _.....�_—" »'--^ .�'... ..--. •—'---� `..'-' . .. ' -- —'•._.�---...._-- . . :�';.a. �,� . . . . � . . . - . . . . ��. .r.."�'.. • - .ra. . . . . ... 71'. �yN�r►ro�u.� -- f.,bftYtip cC:Me7C.c�^l l�tlfuff'n66 FORY Na 70i-6PEUAl WAHHlWTY D!!D W+d! ea.Penb4 to►ra0wr�w� �E S vw►uais+�q co.►OnIWiD.ON rnu I � -_ `'� STATE OF OREGON � � SS County of Washington Veriitia�-MY-�6u�bb��--------------°-°--------- v I,Jerry �n��' or ol Asaesa- 11.73�-SW-G3dz'C76�------------------------°------ ment and tlon , io County Ti�a�dr-Glye9o��7�,�4---------------------------- Clerk for '�� a SL, ., re rtfy that • ai°AO°"p tha wi ' i ir¢rP' .� ecelved Romaa�atholiG-Archbislac��f--�'-�la�c�--i and re �rd� t� � otel ot satd s �• � counry. � ; �p. Oregon�--a��d--�essors�--ar�CO�Ot'at��sl . � ,,., 2838_E.. '� ' . �, . ' '��:��'2�C:.�--9�2�1�9------ � - . , in •. . c� Aft r oltlln nflvn N Apd�•�Z�p)t ��E�� / •�� .'• Q.� Arctic`�oc�se o`� �orLlllltl _ AECORDEW9 USE �S' li"'� n�o . lrector ot 283$'E:"'8[mtS�d2------------------ --------------- sa"a'l��lt� axation,Ex- Poit'3�1[3;"'dY2tfG�F-g/ZfiF-------•----------°----- p�i6 At lerk ----------------------------------------------------- u„u,.a,».w«nnwy�,,.,a,nu,,,ue«Mm.boum..�wa,....aor poc : 99U0579S �_�-��------------------------ Rect: 224181 16.DO 2838-E--buzsu�,i.de--------------------------°----- O1/15/1999 02:47:15pm Partlartd,-l�r�egcar�.$�214-------------------------- ------------------------------------ ------ °r ------------------------------�uePiuY• ' ------------- ;I SPECU►L WApRAHTV DEfiD !I Venftia M. �rnf�ull �� N KNOW ALL BY THESE PRESE�IT'S that----------------------------------------------------------------------------- hereinafter cailed grantor,for the considoration hereinafter stated,to grentor paid by Rosnan_Ca,thp1j,C.��y�,�_Q��__ � �� Fo�:t�.a�s3_��._4!��n,__arid.5us�e�.sQrs.--a-�ri�xate._Ss�l�-------------------•--------------------------------• haeinaftcr calied grantee,does hereby grant,bargain,sclf and convey unto the grantee and grantee's heiis,successors and assigu, that certain real property,with the tenements,hereditamenls and appurtenences the�eunto belonging or in any way appertaining, situated in_IVdS}1]J]�t?A__________________County,State of Oregon,described at follows,to-wit: � � � � In Pulfillment o£ Contract of Sale dated June 6, 1999 arxi Recozded ,7une 8, t999, � Contract No.94-55586, Reaorcls of Washington County, Oregon. O (IF SVACE PISUFFICIENi,CONTWUE DeSCFIPf10N ON qEVERSE SW� 1 I To Have and to Hold the seme unto grantee and grantee's heirs,successors and assigns forever. � � And granton c�reby covcnants to and with grantee and grantee's heirs,successors and assigns,thnt the�eal property is free � from eocumbrances created or suffered thereon by grantor and that gtantor will warrant and defcnd the same and every part and patcel thereof against the lawful claims and demands of all persons claiming by,through,or under the grnntor. � 'Che trve and actual consideration paid for this transfer,stated in terms of dollars,is S_:6IIiQdII.IID________.m-iiavev�r.�he � actcaltioteeideretiome�omists-ot'bryneFndes-e4herproperty�tmfae�ive�sbrp�e�eiseec�whioA-isQN+e-whols�3�aA-e€ths-(indicate w�tIC�CCi131dCT8tTDJY.�(Rrc xntence belween the symbol5 m,if not applipbk.should be delurd.See ORS 43.(XiOJ � In conswing this deed,where the context so requires,the singulsr inctudes the plural,and all grammatieal ehanges shall be � �, I O madc so that this dccd shall apply equally to corporations and to individuals. ' j.J ln wificss whcrcof,the grantor has exccuted this instrument this________day of____________ _ 19_____;if grantor i' O is a corporation,it has caused its namc to be signed and its seal,if any,afFixed by an officer or other person duly suthorized to do so by ordcr of its board of dircctors. i s- �.}.. THIS INSTRUMENT Wlll NOT ALLOW USE OF THE PROPERTY DESCRIBED IN _�1�(��-+�'�_________�____�__ , [1J J THIS INSTRUMENT IN V1pLATION OF APPLICABLE LAND U5E LAWS ANO REGU• pnitil M. TItiT'ttlaUll �' M IATIONS.BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON � ACOUIRINO FEE TITLE 70 7HE PAOPER7Y SHOULD CNECK WITH THE APPRD- ________ _______________________________�_ __�_ - - ----------- PRIATE CITY OR COUNN PtIW N1NG DEPARTMENT TO VERIFY APPROVED USES � AND TO DETERMINE ANY LIMITS ON tAWSUITS AGAINST FARMIN6 OR FOREST PRACTICES AS DEFlNED IN OAS 30.930. ------°-----------°----°------------------ --------- ('� r� STATE OF OREGON,County of__��}��f ce.1_41_'°!J________�_)ss. � � r J' This instrument wes acknowledged before me on��J.vv� ---t�--------------- 19f�-, �`"' --� i bY -_:______________________________________________;_:_:_:____________�:�___::_�_:=�::r_::�_ . 'Sl�is instrumcnt was acknowlcdged beforz me on_ -_____ ,19�-_, U bY - - -- ------- --- - as --------------------------°-----------°-----°-°------------°--------------------------------- ----------------------- °--------- --- ---------------------------------------°----------°-----• , OFFICtAL SEAL � � BRUCE E WALSH � „"�. r �Yr--- : NOTARY PUBIIC-OAEGON --- ----------�`--�---------------------------------- COMMISSION N8.30B976 No ry Public for Oregon ' MY COMMISSION EXPIRES fEB.21,2D02 ��mission expires_?:?l._�'__?�-:__________ ! o� —T�_ lv (1- LEGAL D£SCRIPTION O A tract of land in Seeiion 3, Townehip 2 South, Aange 1 weet wf.11amette Meri.dian, ^' in the County of Waehington and Stdte of Oregon� �v Heginning at tt�e 1/4 carner on the SouEh line of Section 3 and going thence South 89 deqraee 41' Weet along the eenter line of county Road No. 411, a distance oP 41?.4 feet to a point on seetion line and trus point of beginning; thance North 00 degrees 3T' East 20 toet to an iron pipet �henca continuing North 0 deqreea 37' � Eaet 397.4 feet to an iron pipej thenca South 89 degreee 41' Waet 398.9 feet to an � iYOn pipe; thence South 1 degreee 18' West 397.5 feet to an iron pipe on the North progerty line o! eaid roadt thence continuing South 1 degreoa 18' weat 2o foet ta angle point on South line of Section 3� thenoe North 89 degreea 41' Eaet 403.6 feet to the Crue'point ot begir�ing. EXCEP2ING THEREFROM the following: 8eginning dt the Dtorthweet corner o# the nbove deecribed tract; thence South 1 degreea 18' West 397.5 feet Lo the North line o! S.W. Gaarde Straetl thence North 89 degreea 41' Eaet, aloag eaid North llne, 238.0 feat� thenca North 0 degreea 37• EaeC 397.5 feet to a point on the North line of the above deaeribed tract; thence west to the point of beqinnis+q• ------ a �p ` St. Anthony Catholic Cemetery 9905 SW McKenzie St Tigard, OR 97223 August 22, 2007 Conditional Use Permit Application Summary and Narrative This is a narrative of findings based on applicable standards as identified in the Pre- Application Conference Notes dated 9/14/2006. 1 . General Information Applicant: St. Anthony Catholic Cemetery Business Address: 9905 SW McKenzie St Phone: 503-639-4179 Permit Coordinator: A1 Tabayoyon Phone: 503-330-8402 Property Location: SW Gaarde St. between 115`h Ave & 118`h Ct. Tax Map/Tax Lot: 2S 103CD/03400 Necessary Applications: Conditional Use Permit Proposal Description: Expand cemetery burial plots to this lot (65,827.8 sq ft) Comprehensive Plan Designation: Low-density residential Zoning Map Designation: R-4.5 2. Summary of Proposal This proposal pertains to Tax Map 2S 103CD, Tax Lot 03400, a 65,827.8 sq. ft. lot purchased by and adjacent to the St. Anthony Catholic Cemetery located near the corner of SW Gaarde Street and SW 117th Ave. This lot borders the existing cemetery on the west side. St. Anthony Catholic Cemetery is proposing that this lot be used for religious burial of human remains thereby extending the length of time the cemetery will be able to offer this service. The lot is currently covered with grass that is frequently mowed. It contains a few trees (see Site Plan). No building is being proposed. To meet City of Tigard requirements, street trees will be planted along the lot's SW Gaarde border and the fence along SW Gaarde will be repositioned so it meets the required 35 feet distance from center of Right- of-Way. No existing trees on the lot will be removed. No signs are proposed. Page 1 of 4 3. Narrative (Chapter 18.390 — Narrative) Code Section 18.330 - Conditional Use 18.330.030—Approval Standards and Conditions of Approval 1. The site size and dimensions provide adequate area for the needs of the propased use. The existing cemetery, 3.5 acres, consists of 4 burial sections. The size of this lot, 1.5 acres, is adequate for 2 additional sections. 2. The impacts of the proposed use of the site can be accommodated considering size, shape, location, topography, and natural features. Impact will be minimal as no buildings or changes will be made to the topography. 3. All required public facilities have adequate capacity to serve the proposal. The only public requirement is access to plots for burial and visitation. With the road currently existing on the new lot, the public will have ready and easy access to the new burial sections. 4. The applicable requirements of the zoning district are met except as modifced by this chapter. This proposal is the request to use a lot zoned,R-4.5 Low-Density Residential District,for cemetery use for human burial where for this zone as per 18.510.020 "Some civic and institutional uses are also permitted conditionally." 5. The applicable requirements of 18.330.050 are met. All additional development standards for Cemeteries are met: a. Minimum lot size shall be 5 acres; The existing cemetery lot,3.5 acres,plus this lot, 1.5 acres,totals 5 acres.We do not want to combine these two lots into a single taxable lot. b. Setbacks: For graves,the front,side,and rear yard setbacks are the required 15 feet minimum. There are no structures proposed. c. Adequate fencing shall be provided. Fencing meeting the requirements (at least four feet high located at least 2-1/2 feet from any right of way shall completely surround the area and meet visual clearance areas) will be installed along the west and south borders of the lot. The north border is currently fenced by a wood fence along bordering lots 2S103CD0100 and 2S103CD0200, then by arborvitae along bordering lot 2S 103CD02500 as requested by that property owner Florence Powell (see attached affidavit). d. There are no off-street parktng requirements. Yes, there are no off-street parking requirements. 6. The supplementary requirements set forth in other chapters of this code including but not limited to Chapter 18.780, Signs, and Chapter 18.360, Site Development Review, if applicable, are met. No signs are proposed. Code Section 18.370 — Variances and Adjustments 18.370.030—Special Adjustment Page 2 of 4 Access Separation requirements(18.705 H.3. The minimum spacing of driveways and streets along an arterial shall be 600 jeet)cannot be met for the existing driveway that is directly opposite SW 117 Street as it intersects SW Gaarde. See the "Adjustment Request#1" included in this application. Code Section 18.390.40 and 18.390.50 — Impact Study An impact statement resulting from the impact study performed by Planning Resources, Inc. is included in this application. Code Section 18.510 — Residential Zoning Districts The lot is zoned, R-4.5 Low-Density Residential District. As per 18.510.020, "Some civic and institutional uses are also permitted conditionally". Cemeteries are a conditional use within this zone,hence this proposal. Code Section 18.705 — Access/Egress/Circulation 18.305.030—General Provisions No buildings or walkways are being proposed. D. Public street access On site vehicle access is accomplished via 1) the existing private road on the lot that feeds onto SW Gaarde St. and that is directly opposite SW 117 Street as it intersects SW Gaarde, and 2) private road on existing cemetery whose driveway is on SW 115 to the east and other driveway on SW Gaarde to the south. E. Curb cuts SW Gaarde St has recently undergone a major reconstruction. It has been widened and sidewalks, curbs, and driveways have been installed. Curb cuts are in accordance with Section 18.810.030N. H.3. The minimum spacing of driveways and streets along an arteria!shall be 600 feet. The existing driveway on the lot does not meet this requirement therefore a variance (special adjustment)request is included in this application. See the "Special Adjustment Request" included in this application for this driveway Code Section 18.745 — Landscaping 8 Screening Standards 18.745.030— General Provisions C. Installation requirements The plant materials shall be of high grade,and shall meet the size and grading standards of the American Standards for Nurberg Stock(ANSI Z60, 1-1986,and revisions). E. Protection of existing vegetation All trees currently on the lot wili be retained. The ground is currently covered with grass and will be maintained as such. 18.745.040—Street Trees Page 3 of 4 Street trees will be installed along the SW Gaarde border in accordance to "C. Size and spacing of street trees"requirements. List of trees are for review in the Landscape Plan. Code Section 18.775 - Sensitive Lands 18.775.030—Administrative Provisions As per subsection A.1, a CWS Service Provider Letter was obtained and is included in this proposal. It notes that "sensitive areas do not appear to exist on site or within 200' of the site." Code Section 18.780 — Signs No signs are proposed. Code Section 18.790 - Tree Removal No existing trees will be removed. Code Section 18.795 - Visual Clearance Areas The existing driveway on Gaarde Street across SW 117`h Ave meets the Visual Clearance Area requirements set forth in this code section. Vision clearance triangles are shown on the Site Plan map. Code Section 18.810 - Street 8� Utility Improvement Standards SW Gaarde St has recently undergone a major reconstruction. It has been widened and sidewalks, curbs, and driveways have been installed. No more improvements are necessary. Cleanwater Services (CWS) Buffer Standards R & 0 96-44/USA Regulations—Chapter 3 As per CWS Service Provider Letter"sensitive areas do not appear to exist on site or within 200' of the site." Surface Water Management United Sewerage Agency Resolution&Order No. 00-7 No new impervious surface areas are being created therefore construction of an on-site water quality facility is not necessary. Page 4 of 4 St. Anthony Catholic Cemetery 9905 SW McKenzie St Tigard, OR 97223 August 22, 2007 Adjustment Request #1 In accordance with code section 18.370, this is a request for adjustment that will enable this lot(tax lot 03400) to retain its existing driveway on SW Gaarde St. This driveway provides access to the only private road that exists on the lot. Code Section 18.705 H.3 requires a minimum spacing of driveways and streets along an arterial shall be 600 feet. This is a request to allow a reduction of that minimum spacing. Along the arterial SW Gaarde St, the existing driveway on this lot is 417 feet west of SW 115`h Ave and 563 feet east of SW 118`h Ct. This driveway/private road, however, is directly across SW 117`h Street's intersection to SW Gaarde St. Reasons for granting this adjustment include: • The existing private road intersects SW Gaarde St. immediately across SW 117`h Street's intersection to SW Gaarde St. • The driveway was installed by the City of Tigard when SW Gaarde St recently underwent a major reconstruction. With the assumption that this driveway met city codes, a private road was paved at that time. • Because the lot will be used as a cemetery, use of this driveway and private road will be extremely light. .. .,. _ z•a �: ;: - -- �..._ _-T�,� ,t�� ,,, � „� ` ,✓q_ ,�.; ., .--'_— —-_ - - -�-+----�-- _+— _ ,�� '.1„c . - S ��s, t!P . �� 1�� F. �'7�� f �l��.y�. . ' � . I - '___' � 13.�, I �?-r,R; �)�7.�i ' .._". -. ' � . •�•�� : 1?%�".• " ,,,3c ,z,�_ . ___ - ' ;'.� i 1i7�s 13T3+� � i -'- -- r . z3'S� _ .. __ - -- - — --! ,540 � . c,20 '�'"- �g� i3'�+. - - - � '3-S� _ - i t3-5;; ---- :�:rJ: , - - _ _ - �--_.i_ ._ '33J` � , . - _._.__ � _ _ � ,q- , _ � �3, '33�i; ,','' _ �. ?',; !3� . „ i " - _ � ,peac . . � - __ __ . �i�L'✓ .. ...- �.]bi. � i+3� . •.�..� � _� _ _ _� -�t .... �'l7<' i� `+Y� ' �� i � �- . 7'�ri... . ..eik,,,i-'� .�:.�,�_p��:. - 4: .. _ '�:;4: . -e,- c5. '�. .,. ' . =.�' . -- . � ' I'=, . _t � , ----i �, . _. . � ,�,�5: 7;i�.�, ' . '6. . "' • '4� .- ... .4 . ' . 3.. �J. ' "'"' __' . � . ;4?ZT -.. . . .. . _ . .. . . "'i,^.. ', . ._...__ t�•i^, .. i . . . -_.. i:a " � d��i -- . . . ... .. ` .-_ �- . �...._ .— - '�•,��,' - ' ' . . ,1„' 'M1^.y�' '�" End uf.�djustrner�t Reyuest #1 � .I._ . ��U-�� Y C��-1�H�L� �; �� EMETERY �C��fi ��Pr��r± City of Tigard, Oregon Applicant: AI Tabayoyon St. Anthony's Catholic Cemetery 9905 SW McKenzie Street Tigard, OR 97223 Phone: 503-639-4179 Fax: 503-624-2364 Owner: Roman Catholic Archbishop of Portland in Oregon, and Successors, A Corporate Sofe 2838 E. Burnside Portland, OR 97214 Phone: 503-234-5334 Fax: 503-234-2545 Prepared by: AI Tabayoyon St. Anthony Catholic Cemetery 9905 SW McKenzie Street Tigard, OR 97223 Phone: 503-639-4179 Fax: 503-624-2364 Liz Eddleman Planning Resources, Inc. 7160 SW Fir Loop, Suite 2�1 Portland, �R 97223 Phone: 503-684-1020 Fax: 503-684-1028 lize(c�prilanduse.com September 5, 2007 �� lannii�� inc- TABLE OF CONTENTS .._ . . . ., .. , .. _ ... .. ... ... . . ._y_ .. w. . . __._ ..... _ . ..r_..� .. .._ Paqes Site Information, Project Description. Application Information, Vicinity and Aerial Maps...................................................................................1-3 ImpactStatement...............................................................................................................4-5 Tabayoyon-Gaarde SEreet planning!: �; ,;�. � ,inc. ii City of Tlgard Conditionat Use Application SUBJECT SfTE DESCRIPTION .. . =_�.�e'T'�,r-t`r""^?'"-�:—�.::-,";'�T4_'cx:�:z�.+!&:_t�.r�f '•.ur-i r.�e�:r .r+-..L��c ��;ara:^tr„ep-.r';'F,�r'a5 _ 'x,r_�rr..,u�z..;c'� ..-. . .. . . _ . . . . . . . ��5 �'-` . . .. _. . . . . . Political Boundaries County Washington Planning Information Census Tract 319.04 Neighborhood CPO 4B BULL MTN Urban Growth Boundary Inside Zip Code 97223 Zoning Local Designation R-4.5 Generalized Classification SFR Generalized Class Description Single Family - lot sizes of 5500 to 6500 sq. ft. Environmenta! Findings Ffood Plain (FEMA 100 yr.7 Outside Watershed Basin Tualatin Watershed Subbasin Lower Tualatin River Service Providers Fire Protection Tualatin Vallev Fire & Rescue Parks City of Tigard School District TIGARD-TUALATIN No. 23J Sewer Clean Water Services District Water City of Tigard Tax Assessment Details Tax Lot Number 2S103CD03400 Tax Lot Size 1.51 acres Tabayoyon- Gaarde Street planningl'� � .:;��.�inc. 1 City of Tigard Conditionaf Use Application - 3 'h- .2_�i . F=- " '3�` efh._ e' � . - ---' • _,_ 9•rac . •-,}�cs . ,_ _. - �'�-: �--� . - I . r. �7��- � - - __—__�_ __ _--- -- -- _ .. � 7579.. 1*Ot5 � _� . �,_ --�E;� � _ � �` `.,� ,s7� ,�� ,t�s � „�r...iiaa� _ � ' ' t�,13�`� ;s-.c t�=. ;`�'----- ;�� f 3'D5` il/ i3'� �! ,(� t 3735 t 3'i�� -:i 1 f' �____.--1 � f ��-. t 3?34 1'sT35 1373Q � --- i13��; ` �a� . � / 13��.`` __ ?3 _� 1�°''4Q I! :15�p 1?:.; ' --- ---d�l � �l1� t375��F• f31'.�. /3Tb0 } � — , S ��.{z ; � � zsrrs + _ j :=�c� -'-- ' ,3.�' �s3�x� r i j '` j � ��_.'�'-� � - .` j— _ •- : � ' ., „ • t3'f'TD � t3;nR ' ' +3770 3$t5 13� r--- � • - _ , _.�_ ._. • � S — ._..- 1382L '2tf?E I' � i... t 3&,.� � n i �. - . '�-=- -... ?:�e$G S ITE --- v � � - t✓:r�. i a i_. � '- j t�oi5 � '. �� '16Y2 -- _ :._. __: . ., „ _� „_. _ ._ __ y<< r F _ ;,� .�.�_�-„ �_.,,.,, ' r I -.n �ti4! � � � � � � tIWO �1fQD1 S1'S91 t1'571� Si54� 14 � � 1171�9 � t.i?�D } #i4f}� � , L----_..__ .�y� � I� ,�^�� 1, 4 -- �- r �_—._ ` � __ � �, -- , ; � � � � '--___---- -; ,•;.� � '� �,�o � „5az ( ,��aE ,., � ; � �„� � j � a� ;� �---- ____1,---_-- __ _� : - ---- � � ! i9?27 � � - ------- � "%4� f-- -._._. ____ - �-- ---- : fS13D �7= _�-_ --•� r---- _1____� f1455 ' y--i i �4�4.`• i� 7�I65 �`"� -- , � , , "£A' ' ' 1 ---- ` t �.�. .. .. ..� , - -- —-- - _..._- - ,4.,J 11',`i?D , , _.4 I � • . � � � .-- .... . : ---.. .__ , � : �. : � � ' t479°. i � I �Q�y= �4�� ' -—--'- �147v'' : ..45_° Figure 1: Site Vicinity Map Tabayoyon- Gaarde Street planning; inc. 2 City of Tigard Conditiona! Use.Application a, r - e y- 4�MJ4g -.og °:� •� ,�. � SIT� �. � , � � � - . . � � u� . � _ � .�__ � _ � �.. _� .�.,_ f ' '�;� ., , .- '!- . .�L. ._ . . .. . \1 r:� '�,+:. -. . . _ . . . ��` ��w Figure 2: 2006 Aerial Photograph Tabayoyon-Gaarde Street planningl � �inc. 3 City of Tigard Conditional Use Application �+VIPACT STATEMENT . . ;�__ . . . . .� Gaarde Street— Conditional Use Permit The following provisions of Sections 18.390.050 are applicable to this Type III Application, a Conditional Use Permit: ■ CEMETERIES ■ Type III Procedure — Impact Study The various public facilities and services listed in this section are addressed as follows: Transportation System The subject site has frontage along SW Gaarde Street and is abutted to the east by the current cemetery. The frontage improvements for the site include dedication of additional 15-feet, to total 35-feet of ROW, and the addition of street trees along SW Gaarde Street spaced according to City of Tigard code specifications. An existing 22-foat interna{ driveway is proposed fo remain. The entrance of the driveway is located on the southeast corner of the property, cannecting to SW Gaarde Street, and runs along the lot line and into the current graveyard, with an entrance onta SW 115'h Avenue. No improvements or changes will be made to the existing driveway. Gaarde Street is currently improved with sidewalks and bicycle fanes: therefore no additional improvements are proposed. To meet the City of Tigard standards the proposed driveway complies with the provisions of this section by continuing access onto the subject site through the use of the internal driveway that connects to SW 115�h Street. Drainage System The conditional use permit requested for this property will not create any additionaf impervious surfaces; Therefore. no stormwater collection, detention and treatment system is proposed for construction to serve the subject site. Parks System There are no parks proposed through this application. This application proposes an addition of approximately 1.51 acres onto the existing cemetery, to be used for graves. The impacts to these existing facilities will be non-exisfent. Water System This application proposes an addition of approximafely 1.51 acres onto the existing cemetery. that it to be used as additional grave sites. Thus system improvements necessary to serve the sub}ect site are not needed. There is currentfy a fire hydrant at the south-west corner of SW Gaarde Street and SW 117``' Avenue. Tabayoyon-Gaarde Street planning ' inc. 4 City of Tlgard Conditional Use Application Sanitary Sewer System No new sanitary sewer connection is proposed to serve the subject site. There is currently a sanitary sewer line in SW Gaarde Street if a future connection is needed. Noise Impacts This application involves an addition of approximately 1.51 acres to the existing cemetery. The subject site is abutted by single family residences to the north, south, and east and abuts the existing cemetery to the east. Hours of operation for the cemetery are 8 am to dusk. Noise impacts associated with the proposed Conditional Use Permit will be non-existent due to the fact that no actual construction will be preformed. Tabayoyon—Gaarde Street p]anning i �.inc. 5 City of Tigard Conditional Use Application (�. Jun. 20. 2Q0Jx 3:45PPvl� ��NG RESOURCES CNC, No, 1128� P:. 11/4 {;��f1��:s `:; I.! rr'l�� .... . �� JUN 0 20D7 � ,�I�, 2 �. �. ��+ . . ,�iC'��tc�►• �crr-�c:c;s � . . . _ •,..� . .,.... . •No e•r Sensltive Area Pre�Screening 0 _aao�oy Site Assessment Jurlsdlctton:W�hington Cpunty Propuy lnformadon: (exenqole f52auaof�y �wnsr Information: Texbt ID(s):2S1 W03CD03400 Nams: Mr.A1 Tabayoyon � �_ Compeny:3L M�hony ClYrfd► - � ^ ___ Address; e��Ksn�l•ewN Slfe Address�. TiAaN,QR 872�9 r+as�ws-cooe.sraeroaws.n,u�a�.,en�.aa.�ee�Coun Phone/Peksase�a�» - - / . Nearesf Cross 3treet: ��StA Avsnue ` �_mg�:e�btebsyoyonn� Qevelopmen!Activity: Check all lAat apply � Additlon to Single Famify aesidence (rooms,deck ara AppCcant Inforrnatlon; ,9 90? ❑ fVame: �Z Eed�, Lot Llne AdJusfineni ❑ Mlno►Lsnd PerEition ❑ p��nln Aedourcee,tna. Reeldentlal Condominium Cornpany: $ __ _ � ❑ Cemmer�l�l Condomtnfum C] qddress;?�so sW Flr Loop,9te.401 Residentiel Subdi�ision ❑ �Cnmmerqi�l Subdtvislon �] P,,,�.�a�, "'—�-- ' Single lot Commercial ❑ Mulli l,ot Commerciel ❑ PhonelFax:�6�'��0 ,/ `"'�'s*�� Other Co►►ditional se Permit=Cemeterv___� E_mai l: �e°�""�"..o o r^ ---- Will the project Invohre any aH-sito work: YE3� Np� Unknown ; �,acadon�nd desaripqOn o►ofl-alte worlr;�_ Addltlonal commants pr informaUon lhet may ba naeded to underatand your proJecls � � T��B aAP�1�edOn d009 nplacro fh�rwed lor pndln0�nd Eroslen Contro Par►»ite,Conrrectlon Varrnllr,9u1 p k�,8ib DovelopmarK Perm!!s,DEQ 1200-G Permit or ofh�r p�rmks os ksuad hy tl�e Depwtmant ol bwlrohman101 QuaHty,Dopa�tmont of 8fpte Ra��ndlor D�parlmant o� Ma/4rmy COE. AR r�qnLad�rormitx er,d epprovals musl b�obWn�d and complotsd undor�ppNosblo looal,�taM.and 1�d�rai FaW. - By algrYng�hls fomn,me ow.�er or p,�mer�s siMorrzed agvnl or represenlalive,aolmowledgea arid egreea that employo�o!deon Weier SBMces f►sve aunwdly to anler Ihe vrojecl�i1e a1 all reaennab�e C�e tur the Purpose dMapeclhg projad eite cand�g�u}��,�},��n�olmellon Melod�o tha pra�ecl yite, I certi that I em familiar�Meh{1y informal'bn oontalned in Ihi6 dpcument,and to fhe best of my Knowtedpe arM belie�lhl�4�Wnn�tbq te Irue,Complele,and eccur�ley P�veype nrame: � Edd�rr,an __ Prtr,urype r�ua:A�sociate Planner Signafiire• B/20/07 Dete: FOR DISTRICT USE ONlY ❑ 3en [ve srsss patentleliy exist on slte or v�thin 200'o!the site. ��APPtICANT MU�ERF�RM A SITE A3SESSMEN7' • '�RIOR TO ISSUANC�OF A S�RVICE PROViD�R LETT R, If��nsittve Area�sxlet on the eha ar wfthtn 200 feei on • gdJecent proparlies,a Naiurdf Resourcea Assessment Repo►t may also be 1'eqUlred. �Based on revlew nf�submftted materiels end beef available fnformatloh Sensithrb el'eet do nnt eppear tfl exlst on ai�e or wilhin 2U0'of the slia_ This Sensilivs Area p,e-gcreen;ng g�ra qssess�t doe�NOT sllmineta the need ro evaluale and protect waler puellty sen9ttive a�eae if they are aubsequently discovered. 'l?da dacument wlll selve as yWr Se+vice Pmvider letter as requked by ResoluUon and ONer 07-28,5ectton 3.02.1. q�l requlred pe�mlie end�ppfova(s muet be obtained snd compteted under eppUcsble Iocal,S1ate,and fe0erel law. ❑ Based on reWew of Ihe submftted mats�iala and beal ave)table Infom►eUon Mv abov�fefel'enaed pruJect wil not slgnpBcently tmpact 1fH existin�ot potentfal�r aens(UVe area(s)found near th0 81te.Thh 8onaltlw Anq Pre-Scresning Stta AssPSSment does N�,�eliminate lhe need to evaluele end proteq addRlott�!weler quellry&ens{tive areas d they are subsequenlly dacover'ed, This documen[wfll serve at your 5ervlce F'rovld9�IAtter 9e I'Oquhed by Rsaoiution aod Order 07-20,Secqon 3.02_y. Afl required permlts and spprovsls muet bs obteN�Ad 6nd oompleCed undar applicabie locet.stete,and federal law. ❑ Yhia�Service Provider l.etter(s not valitl unleue_�,_CW9 npprovad slta p1a�(s)are anached. ❑ The proposed activiqr does not meet the deflnklon o/devolopmenl o�tAe bt wae pletled eAer 9/9/95 pRS 92040(2). NO SITE ASS�SSMENIT R BERVICE OVIp�R��ER IS R�DUlRED. Rsviewad 8y: -- -- ��: _ �f D O _ �" _.y� 2550 S�N Hplabnro kfghur8y.H��gboro,O�pon 67123 � Pho119: (5D7)66f�610D•FaY (5p3)881�l39•y�yvyQ.deefmretenm,i�s�r RsNSeA-wr��ooi Jun. 20, 2067 3:45PM__. ._..._ --.-- - No. 1728 P, 2 O � 1(��5��13�M �^�f Fax TOt 503 681-14J9 00� Os OC2 � '� � FEB 2 6 z007 File Number �lean�lUate� Servi s � ' Q°°�° y C��r run�miin�ci�l ix cicar. �y Se118�e Area Pr�3creening Slte Assessment JuNsdlatlon C1'�� of �':��z � � Dato yr_ �� Tax Map&Tax l,ot ��A,��' � 3 Q Owner Q r • �{i a t;e• � � � � c'Si^e�d,� �5�¢ an 3�Tu�,vnsG,in � So. Applicant o ' ! : ar-d Sit¢Addross �nc�- -W�if t�;tla._�•� Company ��r�d�an��J�sR Ch�v D� Address �4'QS'_S�„�/�� en��e .SY`. Proposed Activity 5 f_ Q�y,v„y C� e��rY City State 2ip r( 012 ��aa3 l� 5�S 5'�J 6��r��r,7��rtlPhone $r'kC` ol�i5�'e,r 5�3.Go 3�►�159G . �rn er�/Sh-f'evnetl�L�. Fax J�'p3-- ,��<ailv� By submitting this brm tho Ownor,or Ownsr's authorized ayent or representative;acknowledge6 �nd agrees that�mployaes oF Cleen Water 9ervlcea have authority to cnter the project eite at alf reasonable times for the purpose of inspectfng project site conditions and�athering infonnation refsted to the proJect site. OMdd uae oNy bolow Ihls ins ��u�e y elowihla ne ON[cial use odly balow thle ane Y N NA Y N NA � � � Sensitive Area Compoeito Map 3tormwater fnfrastructure mapg Map�t 2,slk//¢ ❑ � � OS# N411'� ❑ ❑ � Locally adopted atudies or maps Other SpBCify � � �, Speclly Based on a review of the above irrformatfon ar►d the reguirements of Clean Water Services Design and Construction Standards Resolutton and Order No. 04-9: ❑ 3ensitive areas potentially eXist on slte or wlthln 20D'of the slte. TH�APPLICAN7 MUS7 PER�ORM A SIT�CERTIFICATION PRIOR TO ISSUANCE OF A 9ERVICE PI�OVIDER. If Sensitive Areas exist on the site or within 200 Feet o118d)ace�t prppettlee,a Naturat Resource�Assesament Reporl may also be required. � Sensitive areas do not appear to oxist an aite or within 200'of the elte. Thle pre-ecreening slte assessment does NOT ellmfnate the n�ed to evaluate and protect water quality sensitive a�aa if they sre subsequently discovered. 7'his document will saive as you� Service Provlder ietter as required by Resolution and Order 04•9,Section 3.OZ.1. All required peRnits and apprnvals must be obtalned and compfeted under appficable local, state,and tederal law. ❑ The proposed activity do�s not�neet the daflnition of development. NO SIT�ASSESSNtEN�' OR SERVIC�PROYIDER LETTER Is REqU1RE0. Reviewe�Cornments; •� Reviewed By: _ __ .___. [�ate: _,�.��_ . t��',�cxal use onYy RetKra¢d to�ppl cant Mai�_Faz�Coirnter 2550 SW NNlsboro Highwsy.HNllsOoro,Oregon 87123 Date_,o��t/lJ�^,�y /��.,,� �ry�� v-� Phone: (S03)681-5100.Fek: (603)897-4439.��nv+v_cle��vnrrR.arv;,�e �e�$ Jun. 20. 2001 3:4bPM No. 1728 P. 3 � 2/26J_„J7 5:D3 pM FAOY� Fax T�: 509 681-al39 PAGE: 001 O? OC2 • ■ � � � Ly U i:.' �+ FEB 2 6 2007 gY _..___..... FOR YOUR INFORMATI�N To: Clean Water Servlces Fax number: 503 681-4439 �rom: . Denice Hogan Fax number: 603-524-2156 Home phone: 5Q3-524-2156 Buslness phone: Date &Tlme: 2/26/2007 5:Q3:03 PM Pages sent; 2 Re; Site Asaessment for St,Anthony Cemetery Hello, We had previously submitted(last August)a request for a site essessment for the parcel of land adjacent to the St. Anthony Cemetety in Tiga�d_ Our request had an incomplete site address, so the incorrect plece of property was evafuated. I verified the tax lot#with the city of Tigard and am faxing you another site assessment request. - This p1'operty►s adjacent to ihe cemetery, but does not include the property that has the private home on it. lf you have any questions regarding the�ocation, please feel free to call8ntce Holllster.at 503-624-4596. Thank you. Denice Hogan Board Membef, St. Anthony Cemetery, Tigard 9 4357 SW 133rd A�e Tigard, OR 97224 i �i , � � , . , , � - �,, . �� '� � �7 � � ,/ , � r '_r _ �/l t O � .�� ` / � ! � �� __- .�� , � � �� . - _ / �� !'7�/ y~r �� , �� r � � � � �l�, � � �±� !� i �� •�'' + _ 'm �,„ ,� �� , '� � r ��, . ,� ., , , � . � � � � �� '�5 �. 1��-I�� ":MYdm ��° t�-an�•.,�v`� � �� r�r�r �� l = -— ~ .�� I -,�! �i�� 1 � � �: �� ,r, �i �-•��-�w.�.� +f. . - - -�---�- �...�, � ._ -- �' ,� --- _ -- ---- .; ' / �, � , �-"- "•: ,1�► . � / . � Mar � �• LUU! IU � 15AM CLEAN WATER SERVICES 503 6814439 No.1350 P . 1 � r 1 �'��f.l�� i.�„ � i,'. M, l j F.r•. TG: SUJ q%! �� L[' ^� ,�� i� `� I� t i��_ �'Arr �,- nc;• '.� `��1 I - - , �`� .��1 FEB 2 6 1_.U01 I Fde NumbPr O� � C� (U y -.- ;1ca�IWater Serv� .�s `- � °------� ��„� �•,,,,,,,,,�,,,�,,, ;. �.�,•;,�. Sensiti e Area Pre-5creening Site Assessment �Y� -._- -.,--.-_.- - Jurisdiction �1 7�-` ��' TI�ot Date �� Tax Ma 8 Tax Lot �� p _ 1�� 3 __ C� Owner C rctirf i E�l.`./eJY�. ��..��' l�i��"��'r� ._iCC�ion�_'ioc.�n.56i, � �7 5c. A IfCant ��, L�!'l_.i-- � 7-i'��rd f p p t'/!1!'�(-� H r,_. Site Address �u.n L( t��ry�f W i flur��n Cpmpany ��.E'.r'.i�ian , t.lkci,. Ch��()�. Address ��'��J.�5c_�!'r)� ��n�.��- ''7-. Proposed Aciivity �f• (,�Y�l,�,•� ' yy r-f�r Ci 3ta'te zip f r. -. ..y..��L—�L ty �7 4YC v-r �K �.��1 r�3 ��_5e S �t.� 6c�.'c.irc(.�c �rr�Pho�e �a;+-.�Ce- ffOr�iSfi�r� 5�3.�:3`�-y59G ��' er T-n�'�vne.if..�lf'e_ Fax .5��3" � ay.� a.�� By submitting this form th� Owner,or Owner's authorizQd agont or representative,acknowledges an� agrees that omployees of Clean Water Servic�s have authority ta enter the praject aite at at1 reagonable times fdr the purpose of inspecting prnject site conditions and gathering in#ormation related to the project site. ORitidl u�e qnly heV�w thts Ilne � � ofnt�3�use only betaw thre hne Offiaal use onlv twlow fnia t��e Y !u r�A Y N NA �`' Sensitive Area Cornposite Map Stormwater Infrastructure maps ❑ � I_ � Map# 2 5 Ik!/� ❑ ❑ � QS# N�!� � Locally adoptud studies or maps Othcr ❑ ❑ Specify _ ___� ❑ � � 5pecify Based on a review of the above Information and the requirements of Clean Water Services Design and Constructivn Standarcis Resolution and Order No. 04-9: ❑ 5ensitivc areas potentialty exist on site or withen ZQO' of the site. THE APPLlCAN�'tVIUST � PERF�RM A SlTE CERtIFICATION PRI012 70 iSSUANCE dF A SERVICL pt�OVtpER_ !i Sensitive Areas exist on the sita or within 200 feet on adJacent propeMies,a Natural Resources Assaasment Repart may also be required. � Sensitive arpas da not appear ta exist on sitc or within 200'of the site. This pre-screenitlg site asscssment does NOT eliminate the need ta evafuate and protect watcr quaiity sensitive areas if they are subaequently discavered. 7his documcnt will serve as your 5ervice Provider letter as requlrod hy Resolution and Order 04-9, 5�ctiort 3.02.4. AI! requirod perm)!s and appravals rnust be obtalned and completed under applica6lc Ivcal, state,and federal law. � The proposed activity does not mcct thc dcfinition of devetopment. NO SIT�ASSESSM�NT OR S�RVICE PROVtD�R�ETTER IS REQUIRED. �aviower Comments: " Revicwcd By: Date: - --��5/�� ff cial use only Rc�trzrn�r[1 tr)�1)f)IfL'(7fTt POSt-It"F2X NOte 7671 Da�� f'��. p�°�� 11�J[7i1_f+71x _ � , (_vunt�r To From A� P Uate �/��0� .13Y�- . C. CoJDept. Cn. Phona� Phone�k S � �/•T�CO r-ax a s •�.ZV• Fax a 5L 442214 p.2 1un. 24. 2`1C1 12:�QP� PlAaN1NG RE50URCES :4C. N�� 2218 P. 2�2 PRE-APPLICATION DATE AeP LIC�iNT: WASHINGTON-GOkJNTY • � co�uPnrav.- Q��+►9��-s,►nc. OepL of Land Use 8 Transp. coNTnCT• Liz Eddleman L811d DBVeIOpmA�SerYlCes' � � ADORESS: 7t6�SW Fr LoOp,Suite zo� ^�+"''�• 155 N.Fkst AVe.,Suita 350-13 Portlarid,OR 37223 - Hillsbom.'aRg7f24� PttoNS. (�03)s9<•1a¢0 _ Ph.(503)646-8T81 Fax(503)848-2908 http:/Mrww.co:wasfunqton.or.us �� q�E. St.Mthony Chu►d�;Mt.A!Tebayoyon _ REQUEST FOR STA�EM�N'f naORFSS." '99�SW�CKenzie Sh9e! OF�ERUIG�AVAlLABfU"!'Y Tiq�rd OR 97223 rHOr��: so�-s�a,�e PrCperty De6c..Tax Mep{s}: LAt Number(x)' 2S 1 W03�D 3400 ❑ WATER DISTRtCT� [X� FlRE DISTRICT- NFR s;ta Sus. 3.57 Acres �] TR�-a1ET �• No situs .,�C T,dd�9S6: ❑ Tl1ALATIN HILLS PARK 3 iZEC. bISTRlCT Neares!cros�sfreel(or d�rectiorts to�iM): ❑ ClTY OF Gaarde St belween��sth Ave d� 1819rh Ct. ❑ CLEAN WATER S�RVICES�, PROPOSED PRO.IFCT NAME: �A - PRO?05ED IIEYECaPAAEPJT 11CTION tu�►oa►eeriraEV�w,swa�ns�+P+�RUT+�+.soccuiuse� None-RequesUng a CondiHonal Use PerrnR Far a Cemelery • �XISTING USE: $�R PROPOSEO USE. C�'e� IF RE5IDENTIAL IF INOU5TRIAL/COMMERGIAL' 1F iN5T1TUTI�NA`: NO OF{7wELL111G UNTS: . TYPE OF V�: NO.50 FT_.---- SWC�E FAM. Ml1lT�-F/w NO OF S0.F7.(GROSS FIQpR AREA) a0 STUOE/fTSIEMiLOVEES/MEMBERS_ THIS IS NOT AN APPROVAL The Fire District has personnel and equipment in the area that can respond to an emergency incident and implement such actions as may be necessary for fire and/or rescue operations. . For planning purposes, access and fire fighting water supply complying with fire code requirements shall be included an plans submitted to Washington County for their approval. See approved (stamped} plan for additional information. i Date: v� �✓ �G / ]erry Renfro ,Deputy Fire Marshall II Tualatin Vafiey Fire & Rescue Y>z :�:•. ,�::u - �• NOTICE CONCERNING NEIGHBORHOOD MEETING St. Anthony Catholic Cemetery 9905 SW McKenzie St Tigard, OR 97223 June 27, 2007 To those whom may be concerned, RE: Conditional Use Permit for Additional St. Anthony Cemetery Lot Dear Interested Party: St. Anthony Catholic Cemetery purchased the lot immediately west of the current cemetery grounds in the 1990's. We would like to extend the burial grounds to that lot; therefore we are applying for a Conditional Use Permit to the City of Tigard. We are working on a site plan for the lot to meet City of Tigard requirements. Before submitting the application, we would like to discuss the proposal in more detail with the surrounding property owners and residents. You are invited to attend a meeting on: Date: Thursday, July 19, 2007 Time: 6:30-7:30 PM Location: St. Anthony Church O'Reilly Hall 9905 S W McKenzie St Tigard, �R 97223 Please note the purpose of this meeting is to share information about the project and to solicit constructive input from neighbors and affected property owners. I look forward to discussing the proposal with you. Please call me at 503-330-8402 if you have questions. You can also direct your questions to Bruce Hollister(Cemetery Director, cell: 503-594-3194). Sincerely, � �� A1 Tabayoyon Board Chairman/CUP Application Coordinator St. Anthony Catholic Cemetery AFFIDAVIT 4F MAILING/POSTING NEIGHBQRHOOD MEETING NOTICE IMPORTANT NOTICE: THE APPLICANT IS REQUIRED TO MAIL THE QTY OF TIGARD A COPY OF THE NEIGHBORHOOD MEETING NOTIC� 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 Tiga�i,OR 97223-8189 IN ADDITION,THE APPLICANT SHALL SUBMIT THIS AFFIDAVIT&COPIES OF ALL NOTICES AT THE 'I'IME OF APPLICATION. MAILING: I, �( !� �. �aE'q o` on ,being duly swom,de ose and sa that on the 2 S+� P Y day of J l,t�'1•C.. 20�7 ,I caused to have m�ile to each of the perzons on the attached list,a notice of a meeting to discuss a proposed development at� (ornear) 25 � 03 G�p --T-�� .{_ o3��b is attac hed hereto and made a part of hereof. a copyof w h ic h notice so mailed I further state that said notices wem 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 � Sv`/ i �, j'j QvG{ p�z„ c�7Z Z� with postage prepaid thereon. � �- -�,�.�Ju.�i�- ' 'nature (In the p se ce a otary Public) P�STING: I, lC� �[�',�'0.bQ g O�^t ,do affirm that I am(represent�nc�panyinitiating interest in a pmposed land use application for_ -f-�-10 +C r l, affecting the land located at(state the approximate location(s)IF no address(s) nd all tax lot(s)curc�ndy registered Z51 b3 GD —['GLy� p q�.ab personally post notice indicating that the site may be proposed for a �and did on the 2$ day of Yt� 20 C 7 date and place of a neighborhood meeting to disc�s the proposal. �d�se applicarion,and the time, The sign was posted at��^.�' l O 3 C� �Q�. (�� p��d --- on �-I�l.�,t. v�roodx�.c v�LQ L o�c Sw C..,aa►�d.� �k. (state location y�u posted notice on pro � �� .�u -� S� ture (In the pres nce �f a o ry Public) (THIS SECTION FOR A STATE OF OREGON,NOTARY PUI3LIC TO COMPLETE/NOTARIZE) STATE OF U Y� c� � County of �ll�cts�i h�`}r�Y� ) ss. Subscribed and sworn/affirmed before me on the o��day o� �()il?C 20_��. � C-'�FfC1AL SFAL J��t�iEC�TE M GEKT - MOTARI'PiIBL.1C-0�,� M1'COMMiSSION E�P RES�J�N�7� OTARY PUBLIC OF O GON i�\curpin\rrusters\neighborhood meetings\affid�vit of mai]ing-Posting neighborhood meecuig.doc � Y CO17'Imssion Expires: �J(�'�� Z`�(.�� Page 5 2S103CQ-6SC00 2S703CR•0190Q BARKER DONNA L DEXHEIMER M�Nl�.•u 53780 SW FAIRVlEW CT 11615 SW FAIRVI�W LN TIGARD,OR 8?223 TiGARD,OR 97223 2S11Q8A-08�00 ^<S110BA-�7700 BLOUIN PAUL F 8� DIMAGNO EUGFNE 8 SULLtVAN SHELLEY S BfRGl7 11591 5W COLE LN 115RW SW COtE�N TiGARD,OR 97224 TIGARD,OR 97224 ZSI�DBA-�8�0 2S103CD-08300 gRANSON BRENDA DOHER7Y TNONWS A JFt 1150' SW COLE LN 13855 SW 118TH CT TIGARD,OR 97223 TIGARD,OR 97223 zs�osc�-o�soo zslo3co-oosoo BRUTCHER JACK L&AAARTi E DUNCAN PATRiClr1 A 13695 SW 118TH CT 11575 5W FAIRVIEW UWE TIGARD,OR 97223 TIGARD,OR 97223 251108A-0'l40�J 2stoacanesoo BUSEY JEFF S EMRY LLOYD L LUEL4Jr t,A 11 i?D SW GAARDE ST 11855 SW FAIFViEVt1 LN 7lGARD,�R 97224 T{GARD,Ot2 97223 2St 746A-07800 2S103CD-02900 CHARBOtJFAU JOHN M 8 JlLL L FARVAN FERESNTEH IJATAStiA REVOC 11601 SW COLE lN BY FERESHTEH Nr�,l'ASNA FARVA�I& TkGARD,OR 97224 MOFIAMMAD HOSSEIN OAIISADEGHI TR5 23023 SW 1 i2TH AVE SHERWOOD,OR 9714� 2St70EA-0040D 2S1106A-084Q0 ' GWftK DARREL&DESORAH J FIELD SCOTT F&DQNNA E 1410U 5W�17TH AVE 14170 SW 116TH TER TIGARD,OR 97224 TtGARO,OR 97224 251C3C0-0;30C 2S1108A-07900 CORNELL W1LLtAM M& FLOWERS JAKE&JUDiTii HORNSHt1H KAREN L ti541 SW COLE LN 13830 SW 118TH CT TIGARD,OR 97224 71GARD,OR 97223 2S1t33C0-03200 2S103CD-07800 CRAMER TRII�tISE L& FORD FRED�RIC C E,MELISSA E tVES PATR{CK D 11745 SW TERRACE TRA?tS DR 13815 SW 115TH AVE TIGARD,OR 97223 TIGARD,OR 97223 �5110&1-01200 2S11DBA-0930D DEHAAN ROBERT 8 GAIL FRISIRAS CHRIS T& 14105 SW 117FH AVE FRISIRAS CHRISTiNE M TlGARD,OR 97224 14055 SW 116TH TER TIGARO,OR 97224 �U 7S11D6A-04700 2S103CD-03G00 FURMA.N IiNDA JEAN HILL DALE 8 PO 80X 23202 LUCY TtGARD,OR 97224 11540 SW FAIRVIE�IV LIV TIGARD,OR 97223 2S103CD-05800 2S103CD-01600 GARNER LOREN G 8 PATRICIA A HCLT DARCI L&ROY S 11630 S1N FAIRVIEW LN 137�5 SW FAIRVIEW G7 71GARD,OR 87223 "fiGARD,OR 97223 2S103CD-01800 2S110BA-00500 GREEN DENNIS L AND HURD LYNN C&SUSAN J KASHMlR CHRIS 14145 SW 117TH AVE 53785 SW FAiRVIEW CT TIGARD,OR 97223 TIGAftD,OR 97223 2S110BA-08100 2S1108A-01100 GRIEB CAMERON 8�TFtICiA HURd SUSAN J 11532 SW COLE LN i4145 SW 117TH TIGARD,OR 97i24 TIGARO,OR 97224 2S703CD-07100 2S103CD-0850(1 GROVER JERRY ANR JtJGY M HUTSELL PHYLLIS J 13$9�SW 118TH CT 13925 5W 1 i 8TH Cl TIGARD,OR 97223 TIGARD,OR 97223 2S 1 Q3DC-05100 2S103CD-024U0 GUSTAFSON ROGER R JAIv1ES JOHN R 8 Jl3DITH A DiX1E AI{ 13755 SW t16TH PL 13880 5W 115T11 T{GARD,OR 97223 TIGI',R�,OR 97223 2S'03DC-052{.�U 2S1106A-0039U HARRlNGTON CHARIES A 11!& JAMSHED SINA M HARRINGTON NP,NCY 13310 SW BRlT'fANY DR SY M�LANIE HARRINGTQN TIGARD,OFt 97223 2221 NE i39TH C1R VANCOWER,WA 98686 2S193DC-013C0 2S�03C�070G0 HEGAR ROBERT W KAMBERGER ANNE C t2720 SW 60TH CT 13930 SW 1 t BTFt COURT PORTIAND,QR 97219 TIGARD,OR 97223 2S103CD-01a00 2S�D3CQ-OZt�O HEY�LAUFF GLORiA J KANGAS ARLEY E i3715 SW FAIRVIEW CT 16875 NW TOf2REY PINES CT TIGARD,OR 97223 BEAVER70N,OR 970d6 zs,�oea,-oti000 2s�osco-o�aao HICKOK 1NILLiAM H 3�SiiARON K KLETfiCE FAW!!LY TRUST 14185 SW 117TH BY RiCK L/N RENEE KLETTKE TRS TIGRRD,OR 97224 13800 5W 118Tti CT TIGARD,OR 97223 ,,�� 2S7D3CD-4220Q 25103CD-08100 IiNDE,'�MAN WALTER °u OFFIEl.D FfARQL! L4lIRlE J KATFfLEEt�S 137fi5 SW t 18TH C I 13730 SW FAIRViEW CT TIGARD,OR 97223 TIGARD,OR 97223 2S;03CD-037D1 2S1t0E�A-08304 LINN GARY DIEtAINE J O'GORMAN ROBERT W& 11805 SW GAARDE O'GORMAN KAREN A ' l'IGARD,OR 97224 1d130 SW 116T`C TER TIGARD,OR 97224 2S105CD-(l170fi 2S103CD-02800 LUDES GREG J 8 OHMAN MICHAEL D&tISA LYONS JENNiF�R 13780 SW 116TH PL 13775 SW FAIRVIEW CT TIGARD,OR 97223 TlGARD,�Ft 97223 2S163CD-Q2700 2S103CD-0O600 MAYBERRY LOIS I OLIVEfRA JOSEPH K ANU BY 1RENE M BIGSBY!�OA STEPHANfE F 1 t4 N 117TH ST 1 1535 SW FAIRVIEW LN OMRHA,NE 68154 TIGARD,OR 97223 2S110BA-09�Qi3 2St 709A-01500 MCAl�11NCH iCEVIN S 8 HElEN V OtSEN JOHN W 8 FLORENCE AA 14165 SW 116TH TER 9 t760 SW GAARDE S7 TI.�'�ARD,OR 97224 TIGARD,OR 97224 zs�osc�-a2eoc 2 �ioea-o�eo MCl.AUGHLIlV WILLIAM S 8 OL J W b FLQRENCE M VOYTKO JEtJNIFEFt F 117 GAARDt ST 93775 SW li6TH�L T D, 9722a TIGARD,OR 97223 2S103CD-D3100 2S1106A-0190 MCQUIIIAN JOHN R il! OL N N 4V 8 FLORENCE M 11520 SW FAIRVIEW LN 117 W GAARDE S7 TIGARD,OR 97223 T ARD, 97224 2S710BA-0O600 2S103DC-05300 MILLER CARL T OLSON STEVEN G&CATHY B SlBYLLA R 13820 SW 115TN AVE 14190 SW 117TH AVE TIGARD,OR 97223 TIGARD,OR S7223 2SitoBA-U92DO 2S103COA5000 M10SS JAMES A& POOR KATHLEEN MARiE KATHLEEN L 11690 SW TERRACE 7RAILS OR 14127 SW 116TH TER TIGARD,OR 9T223 TfGARO,OR 97224 2St10A8-04800 2S103Cp-03800 NIELSON KENNEiH E&MARY ANPJ PORTER HERMAN 11488 5W COt_E LN 1 t875 SW GAA.RDE ST TIGARD,Oft 97224 TIGARD,OR 97224 .�, 2S 7 03C D-02000 2S 103C D-OBOCO PO4VE'_L FI.ORENCE A TP.USTEE SCHIEBOLD HANS, .ARON R TRtJST 13770 SW FAlf�VIEW CT 13705 SW 118Tli CT TIGARD.OR 97223 TIGARD,OR 97223 tiosco-ce 2s�oscn-c�soo (� CORPORATION T!-iE SCOLES HARRY C&BARBARA NA RN SUSINESS CENTC-R 13750 SW 1 iSTH CT p TIGARD,OR 97223 103CD-087 2S1108A-02000 Q CORPORATION THE SETAiIKER,lflNN WILLIAAA HA N BUSINESS CE�7TER 11830 SW GAHRDE ST TIGARD,OR 9722b Z57108A-OG100 2S1030C.U5500 QUANOT LINDA J SHARP MARION L 8 11506 SW COLE LN BAKER DELMAS L TIGARa.OR J7224 13780 SW 115TH.4VE TIGARD,OFt 97224 2S1o8DC-05400 2S11DA6-04200 RiVEitA ROBERT K AND SHUEY NEIL c1DONivA M GEORGENIA H 13895 S4V 60XElDER ST 13800 SW 915TH TIGARD,OR 97223 TtGARD,OR 97Z23 2S1108A-09U00 2S103CD-OOT00 ROBERTS SCOTT.1&JOYCE M SIILER FRANK �4195 SW 116Tfi TER MULLER CHERYL TlvARD,OR 97224 11555 5W FAIRViEW TIGARD,dR 97223 2S103CD-00900 25103CD-08909 F2061tdSON RICFiARt]L 8�RU7H E& Sfv41TH CNRISTIAN 1&ERAfLY M ROSWSON RYAPJ LEE&FiEBEKAH AtVN 11635 SW FAlRVIEV�!W ;72U6 SW STELLAR DR TIGARD,OR 97223 SHERWOOD.OR 57140 2S1D3CD-03300 2S103CD-02300 ROMAN CATi-30UC ARCHBI5HOP OF SMITH MICHA£l B 8 E�.IZABETH E PORTtAND IN OFtEGOIV 93735 SW 116TH PL 2838 E BURNStDE TIGRRD,OR 97223 P�RTLAND,OR 97214 2 3CD-03400 2S1G3CD-01300 RO N CA OUC ARCHSiSHOP OF SPANG ADAM T& PORT IN Of2EGQN SPANG JESSICA I 283 RNSIDE 13705 SW FAIRVIEW CT TLAN , R 87214 TIGARD,OR 97223 2S103CD-07700 2S103CD-D36J0 RQNE CIIFFORD G AND SPENCER PHlLL1P C 8�LCRINDA C CHARMINE l 11765 SW GA.�RDE 1 t715 5W TERRAGE TRAILS DR TiGARD,OR 97224 TlGARD,OR 97223 �'�� 2S103CD-07600 2St10BA-U7800 STEWART Wll.l.iAAR R AND LORENA R TRUAX TAMI L&h. ,M 13700 SW 118TH CT 1157i SW COLE LN 71GARD,O� 97223 PORTLAND,OR 97224 2S703CD-D82GG 2S1U3CDA3500 SWANK GERALD W&CLARICE JEAN TllRN9UlL VENITIA M TRUSTEE FAMILY TRUST 11735 SW GAARDE BY SWANK GERALD WICLARICE JEAN TIGARD,OR`97224 13805 5W 118TFi CT TIGARD,dR 97223 2S1�30C-05800 2S103CD-02800 TAMASAKA�ARY 8,.1EAN VATERNICK GEORGE P 8 13750 SW 115TH AVE CAROLYN A TIGARD,OR 97223 13855 SW 114'I'H AVE TIGARD,OR 97223 2S11 DBA-01600 2S'!030C-OSU00 TERRY THOMAS R WALKER GORDON V AND 11746 SW GAARDE ST SUSAN B TIGARG,OR 97224 13900 SW 115TH TIGARD OR 97223 2 30QA-0030 2S�o3CD-o�5o0 TIG D Y OF WEBER MICHAEL J&ROBERTA K 1312 HALL BI,W 13735 SW FAIRVIEW CT 'F F2D,OR 97223 TIGARD,OR 97223 2 106AA95 2S110$A-013�0 TIG D TY OF YOUNG R�BERT W 3 HAZEL G 731 HALL BLVD 11700 SW GAqRDE ST ARD, 97223 TIGARD,OR 97224 z��i os,4-osa �-s an -nr oF ?3'I Nf IiAlt BLVD T RD, R 97223 2' 03CEW7 0 TIG D OF 1312 W HALL BLVD T D, R 97223 2S1 D-084 'f1GAR TY OF 131 S HALL BLVD T , 97223 �b 2St CD-057 T.!GA lTY OF 131 HALL SLVD ARD, 97223 Brooks Gastor, 3206 Princess Edinburg, TX 78539 Don 8 Dorothy Erdt 13760 SW 121 st Avenue Tigard, OR 97223 � Elien Beilstein 94630 SW 139�Avenue Tigard, OR 97224 Martha Bishop 10590 SW Cook Lane Tigard. OR 97223 Vanessa Foster 13085 SW Haward Drive Tigard, OR 97223 Susan 8eilke 11755 SW 114�Piace Tigard, OR 97223 CPO 48 16200 SW Paciftc HEghway, Suite H242 Tigard, OR 97224 Patricia Keerins 12195 SW 121st Avenue Tigard, 4R 97223 ,lohn Frewing 7110 SW Lola Lane � Tigard, OR 97223 Gretchen Buehner `o 13249 SW 136� Piace Tigard, OR 97224 �'ITY AK TIGAQh _ fFUTQAI IUYGpCRL15 DA071CC Ii•1n��nlnlco4�in11ohaIclP`IT r`enfrol.+..n\ !1[31'lATC11. �n ��_.,nr Neignborhood Meeting—July 19, 2(107—St. Anthony Cemetery Conditional Use Permit—Attendance Record N e Address Ci , State Zi code Phone Number S ' � L Ti ard, OR �� p ' �,�, �/ . . ��r��!Qce� �- Ti axd, OR � (� _ �f1� ' -�� /� ;�°��1 F iyc�i c�;J L../!/ Ti ard, OR 3- - - Ti ard, 4R Ti ard, OR Ti ard, OR Ti ard, OR . Ti ard, OR Ti ard, OR Ti ard, OR Ti ard, OR Ti ard, OR Ti ard, OR Ti ard, OR Ti ard, OR Ti ard, OR Ti ard, OR Ti ard, OR Ti ard, OR Ti azd, OR Ti ard, OR Ti ard, OR Ti ard, OR Ti ard, OR Ti ard, OR Ti ard, OR Ti ard, OR Ti ard, OR Ti ard, OR St.Anthony Catholic Cemer � Minutes of Neighborhood Mee�mg I ' Conditional Use Permit ry July 19,2007 � . 5� � Board Members in Attendance: �ur � �`'�`` Father Les Sieg Al T�bayoyon VR: .�-J,Y.yax� y r - Bruce Hollister Dick Uphoff ��_ ='�� P6i1 Mc Ilvain Jan Carney Fran Avery Denise Hogan 1. Attendee Sign-in was done as attendees came in to the meeting held at St. Anthony Church at O'Reilly Hall. 2. Statement of Purpose Notice was read by At Tabayoyon, Conditianal Use Permit Coordinator,as provided by the City of Tigard. 3. Presentation of Proposal was presented by Bruce Hollister,Cemetery Director. The site plan was eaplained for the prnperty In question. With the use of a drawing, the 15 foot set back, and the area where trees wilt be pianted inside the property line was pointed ou� The existing trees wilt not be removed. This property is zoned for single family dweuing. The need to change this zoning is necessary for the ezpansion of the Cemetery. The fence along S.W.Gaarde will need to be moved back 15 feet. It was further explained t6at the requirement for the trees is in the right of way. The trees must be maintained for 1 —2 years. After that, it is not a reqairement. The need to use this property will not be for many years. 4. Qaestions and Answers: The following question was asked by Monica Depheimer "Where is tt�e fence going to be?" Bruce Hollister answered that it would be placed on the property line on the west side of the e�isting cemetery. Phil McIlvain asked �What type of fence will be instaUed?" It will be a low maintenance fence. No other questions were asked. 5. Father Les Sieg explained why the St. Anthony Cemetery Board i� parsuing this permit at this time. The main reason to get the Conditional Use Permit now is because each year t6e cost of the process increases. The cost now will amount to several thousands of dollars to satisfy the city fees. Years from now when we need this additianal land for the cemetery,the costs will be mach higher. It was decided t6at the time to get this change is naw. 6. Bruce Hollister said that at the time that the land was purchased, he went around to all of the neig6bors telling thera t6at St.Anthony Cemetery was going to purchase the property, not a single neighbor had any objections. The meeting was adjourned at 6:50 p.m.,July 19,20(17 Minutes submitted by Jan Carney Secretary S�Anthony Cemetery Board �Jf yµ _ ��.'i:,p . 3 #7 :'�. y�ks,.'` ��'�,� � x •17 � "�`• ..t' � . . . . . . .. ��2� .� �,'Zlr ¢.. �:° . � � '.r� � - . P � . . . . .a�x�r i�� ! � f '�� v�' '� � - .. _ . . . � .�. .�.—._.._. .�...........��-�.e..._...�__.�.�.... . .. :� . � . ^ �' . °W �` � , _ R . � . � - �. a� j ,� 3 ,. � i � �- �— . _ _ � { e �;. � , t ;'-.. � . � w x� � ! i . '.'$�` . .. ` . �.. -.�; , �� °'ky� . . � � � �; . ' � � ' j � � � � � . . . � . �'-�1� , � .. � ,.,�k i�� . � , �� .. . . �x� $ '�+•' a � � _ ' . �" �� f ,,: �-t�i' �Q; � f . � - ,.``�j _ c��_ _ �:t - . i�� . �� . . . �'`,':=e. - � , . .. � - � � .. � _... - � ' .. � � .}`. _ � � ,, .�£� ¢��£c � i 4�'�:r ��'c, � - �,T�+ . �. �.; ��. �"'°t � �� : ��. �j�N'G ��ft� �". i �' � � �Hw , . - . _... .i�� . i �. '+- s. �,_ , _ ��"�� - � � g :�t� � � � a 4." a. ,�. '.�, � ,,�.�: x ��.;�`", , � � N� � - - - � , �.��... �,�' ,��:.� � ; � ,�. �� . z < c - � �� ; � � � ' � � �; � . �. � `� �� I - _ �'� �r ';-,` ' ��_ ; , _ - - - ; , . . , � . . I ■■ lann�nq _.: , -inc. �� = COND/TIONAL USEPERMIT ■ � `"Panne.-sn�as 8�e:fia �a:,�:f " E.' , —. —� G.�,ARDE S7 2�,'03CDu":i4,�C� . s�v�, 51r.56...1�..; —_ � 50:'.fiti�-tOIF•car �� I— �','."��'�:°`. ST.titJTNON� HtJRC --_i�"_''. ,--"�.=-�;:r. St. Anthony Catholic Cemetery Conditional User Permit NEIGHBORHOOD MEETING Date: Thursday, July 19, 2007 Time: 6:30-7:30 PM Location: St. Anthony Church,O'Reilly Hall Meeting Aqenda 1. Attendee Sign-in Attendees are required to sign-in. 2. Statement of Purpose Statement of Purpose Notice as provided and required by the City of Tigard will be read by A1 Tabayoyon, Conditional Use Permit Coordinator. 3. Presentation of Proposal Cemetery Directory, Bruce Hollister, will present the proposed site plan. 4. Questions and Answers Floor will be open to additional questions not raised during presentation of the proposal. Questions after the Meeting If you have questions after the meeting, feel free to call: A1Tabayoyon St. Anthony Cemetery CUP Coordinator cell: 503-330-8402 Bruce Hollister St. Anthony Cemetery Director cell: 503-594-3194 AFFIDAVIT ° I Florence Powell , being duly sworn, deposes and says that on the Z 2. day of A �-c us� 2007, note that in 1999 made a verbal agreement with Bruce Hollister, Director of t� Anthony Catholic Cemetery, to tear-down the rotted wooden fence bordering the cemetery property (2S103CD03400) and my property (2S103CD02500) and to replace it with arborvitae trees to form a natural fence. ' J ; V ' � �_ Signature (In the presen e of a Notary Public) (THIS SECTION FOR A STATE OR OREGON,NOTARY PUBLIC TO COMPLETE/NOTARIZE) State of Oregon County of Washington Subscribed and sworn/affimed before me on the �a h�l day of C(�,�,c�c,�,� , �c�m7 � ��l G�rL�-� � �1 Notary Public of Oregon My Commission expires: oFFicin�sEn� FRANCES L AVERY Q q / � ��pc�� NOTARY PUBUC-OREGON COMMISSION NO.397465 MY COMMISSION EXPIRES SEPTEMBER 20,2009 250U • I 0 •I I Ii TREE INVENTORY LEGEND I ETISRNG OW-9TE TREE '.s``'S I EXISTING OFF-9TE TREE !1. l STREET TREE I L ! k fa, f I ` A _ IT `sem =�c I. I m �FE7 FROM ROW .PROPOSED ROW i`-' I � ! STREET TREES RP, _ NORTH Ts,„ PRELIMINARY PLAN ■■ CgLE 7" = 60' CONDITIONAL USE PERMIT planningResourc sinc. ■ w Partnerships&Performance r 't: 7—25 07 GMRJ'E ST 2S103CD03400 MM. 7160 SW Fr Loop.Suite.207 503 664-1020 Portlane,OR 97223 503 664-10268ar Si ANTHONY CHURCH P,;:C JEC T. 07-TAB-505 �, � ; � ,�, .�..... ',�,� ...�'�i�. �' � �� ' ..�:�. 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'r.� _. � �' �f ..... ..'�: , � �' ''�"!"%..' )S �� $,� ' , �.�_,� � r � a_ , _, , � ---�.�s�t ,��_ ';;, -•.. ,�_ = '.. � .�� _ � -a ��: �� I ... � ti s►. - _ __ � -:1 ; . �� , .-. '' �. ' " �Y � i _ � +�-'l,y�_ _ _�'"'!�,y.� � :g� ��y� ,� �t-'.��, i ��r � � .� '� ' '. � � .,'1 � .. �.�. .�'y.� 3�g�i$i '{ ��...�6 ��-��>'��'.. ' I ,�� '�� 't x,�. ,.r. � z •�' . I c � � �* t 7 I �`. ��,. ��^ ��' � ( _ '� � � � _�::�,. .*_ "� v. . {, . f�� ' . ♦.. }- ��: ,�� .ar, • , -' . ��& �,,-ti r,� :�+ '� � *_.. �,�r �.-=:�vy � .. ! ,� �� ` .e-FAOt r�naE ``�� - '°R #, � M�-�-r rRav�aow � � � , . � z ;� � �r., � �. _ � '�x. � � ,�. � � �. , � « ra�;:� �er. •r �.ax � � � F,. '{�" #- i -�. �. .�� •! I . . . fi ..+�it� � . . ._ � . .. .. . . .�. � . . . . � . �^"'�.^';;.+�.�F:. . .. � . .. Ai. 1• . x y 4 � � �� ... _ i Jl � ' e ... 7. .. � . {s.y bf ...p�'y�'1��*i�p i.. .� 4�'i.'"�c�. � � , . . f �.. . . . .. �,�� . . . t'y`r'�: t,S�ri.. ' �, .. ,�'^' '� � I ,� _� t.�'s,. �e �� . �f .. �� . �� , �� PREL/M � a �_ '� "It� . . . s . �!:,�, sc,acE r° = so' COND/T/ONAL USE PERM/T �■ planningResoureesinc. Pertnershrps 8 Pe�formance DA TE: 7-25-07 GAARDE ST 2S103CD03400 '�..l SK F�:ool.5•ar l^'� 50:�6M.1C2G m�a^°��'�' So��,.-,�F�, ST ANTHONY CHURCH PROJECT• 07—TAB-508 .. .a:�c-.� Ll�i ,. ...= ^e n "__: � �` • i � � w � �ea- . �o^ ..ea- . �c^ a�a.,; in'i� SVII Gaarde z:. 11':, 1 � a � � s r .��- �''.�� i-t(,';:! '�"'^ �� ;:,, ;� f, i• � ��1t11►fi�it��` November 20, 2007 St. Anthony Parish Phone: 503-330-8402 Attn: AI Tabayoyon 9905 SW McKenzie Street Tigard, OR 97223 e-mail: alCc�tabayovon.net CC: Planning Resources RE: 11585 Gaarde Street Tigard, OR 97223 NO. COMMON NAME BOTANICAL NAME DBH CONDITION COMMENTS 1 Coast Redwood Sequoia sempervirens 46 Fair 2 stems: 32,33 2 Douglas Fir Pseudotsuga menziesii 35 Good 3 Japanese Flowering Cherry Prunus serrulata 5 Fair 4 Blireana Plum Prunus x blireana 10 Poor 5 Oregon Myrtle Umbellularia californica 7 Good 6 Thundercloud Flowering Plum Prunus cerasifera 8 Good 7 ]apanese Flowering Plum Prunus serrulata 23 Good 8 Red Oak Quercus rubra 34 Good 9 Port Ortord Cedar Chamaecyparis lawsoniana 18 Good 10 Port Orford Cedar Chamaecyparis lawsoniana 18 Good 11 Douglas Fir Pseudotsuga menziesii 58 Good 12 Douglas Fir Pseudorsuga menziesii 34 Good Sincerely, Kay Kinyon Tree Care & Landscapes Unlimited, Inc. Certified Arborist by the International Society of Arboriculture, Lic #PN-0409 Residential and Commercial Spraying•Fertilizing•Pruning•Landscape Installation.Landscape Maintenance•Consultation MEMBER: Tree Care Industry Association•International Society of Arboriculture•Oregon Landscape Contractors Assoc. State Licensed Tree Service #62635•Landscape Contrector #5659•Chemical Application @000231•Insured P.O. Box 1566•Lake Oswego, OR 97035•503-635-3165•Vancouver 360-737-2646•Fax 503-635-1549 Visit our website at www.tclu.com•E-mail: infoQtclu.com ST ANTHONY CEMETARYp � � � ` '� �� 5; O . � , r � • .�� I,,,._ 7��!'�i 11585 GAARDE ST. . ,� R ; �• �w � � ,� x��. � � � '':, �, '-3�,:�' � �TREE INVENTORY MAP �.. ', ' � �� , ��_�� ",, �. : � , �,. ........._�-- ,�-r-z.s - • - _ �. 7-.__ . . , . ' " 1 �!t �'• • .� p: y.i-. k � __' - .w,�� • . Q . . 4 - .,��•�, •:�!+'''n, � . � ' , � . �. � f .�, � � - �� 1 ��Y � � . . y 1 � • '.� � ' 3 . ° 2 L ��i . . t .+s ` � � .- �R , ' r:„ t- � ` i � � � 5 ;:; M ,,,. : - "� ,�*" � � . •. 6 � a. ':j�� e :#. ... � ' . 1 ��h. f�� r .. .. . �, k} � y �, �r 7� x � � � �, � . � '�� '�` � �,. r.:� �± .�„�'"' ' . . . ,`� . _ t � ° -� � _�:.. � �s� � z ; g �, �.�.,.- < � t . , . . ;! :: . '*g ' .', . 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'�y� � � r :� � . .. . a ��. . i� �� '•��. . ;,.�*.:f • � l 1 . 12 y y; �, 6 s.. y"', � . . .,, : .'q�. ,�+��,.: r, { . . < <"� �� ` '1 i. �� ,._ �::.. � ,�� !�� ,` '� — ---- �� i;3� ' �r r� '{'�1y,'� r, s.l� ;� � � . �� ,'r ,r . . - - � ' ��6�f'a;t; _'_1�ilit��i t�3_;,. �i<�JtA(� '.��Y'u. .'�1;in.J��'�� '.�u.l� z�'. � '=�rF711il�ir; �f'('��?I�I �=�'�'!r..? . .. s�,—�_.'�:�_�. _ - �r��t'6k. .. � �,11.�a� V�� -, ---- ----r I �- �' ', S�r��t '�`r�� a�t��.g I,�s� � " � �,anc� �Tse &:�evelo ment Stan�.ards I � P � i � . --- _� �I �=�sri; Green;rr�.a�nw�neiussyivanica Ash,�`V1�tite;Fra�us americana fieecn, Az��zican;Fagw grandifoiia � $ Europzan;Fa,�-w° sy��atica �.___ _..irc.h�ks�� 's 'hitie:Ber�a�lat��ph��lla,�rar.;apors— �a�' Blackguin;Nyssa sylvatica Cheiry,Flowering;l runus s�. Coffeetree Kenrack;, Gy�nnocladus dioicus D�wn�ed�rood;Metasequio.ia glyptoc�roboides Uogwood,Ko�usa.;Cernl:s Kousa �aceiaarls or C�iaese;Ulmus puvi�ol-'a � �� Ginisgo, G' o bilo� a�l�o.�T'�elreuteria paniculata Hackberry, Cern�on; Cel�.s oceicie,ntalis H�neylocust; Gleditsia u:ar,c:uirhos,`var.4nerr�i.s� Hophornbeam, American;Osuv�virgiana Hornbearn,Arnerican; Carpinus carcliana Horbeam, Europea.n;Carpinus ben.r.lus Japanese Snowbell;Sryrax japon.icus Katsura T'ree; Cercidiphyllum ja�onicum L�iac,Japar_ese Tree;S�ninga reticulata Linden,�merican;Tilia ame-icaria �ilagnolia, Cucu.mbertxee;':Vlagnolia ac�uninata Magnolia,Star; Maguolia steilata Ma le,Black; A.cer nigrum � a Ie ge;1-lcer campesi:e pr,�, ,,r Map e,Paper arx; er gnseurn _ Ta`�p � Maple, Sugar, Acer sacchaiuni ' � Maple,Tatarian,Acer tataricuzn Maple,Trident;Acer buerge:anum O°.k,Northern R�ci;�h�rcus rubra 4ak,Uregon�'4zzte; C�uercus garryana Oak, Pin; Quercus pa�.ustr.0 Oak,Sawtoath;Quercus acucissima Oa�.,S3u�zgle; �rcus imbaicaria . Oax,Shumard; Quercus s.hurnardii Oa�,,Swamp White; Quercus bicolor Oak,Willov�r, Quercus pheilos P�datree (a.k.a.Scholartree); So�hora iapoaica -?) � ear Z'r'jer,r L•m�.'-`—s c �s.0 �� R� b ; res Serviceber.y; ��me.ianchier Zeikova;ZElkova serrata I:`,.LUR''LN�Shir?ey�Screec Tree 1 an�ing LLSt.dOC 10/9/20^u6 r � � i .__ - , S ! �� ' Street Tree Planting Requirements ! � j Conunuruty T�eveioprnent Co�e � ' . , � � 18?45A40 Street Trees � � 1 � s c� f 1- I-andscaping in t�e:ront and exterior side yuds sha:l inch�de u�es with a minimum caliper of cwn inches at Eour f�et in height as specified in the requirernencs stat��ci in Subsection 2 below; 2. The specific spacing of st,-eet uees oysize of tree shall be u follows: a. Smali of narrow-stature trees under 25 feet call and l�ss chan 16 feet wide branching ac maiw�ityshall b�spaced no greater t�w 20 f�et apart; b. Madium-sized trees 25 feet to 40 feet ca11,16 feer to 35 feet wide branching at rnatvsity sfi:tli be spaced no greater tliau 30 feet apart; c• I.ar�e cmes uver 40 feet tall and mQm than 35 feet wide brauching at maturiry shall be spaced no greacer than 40 feet apar�; d Except for signa�ized intersections a;pro�zded iu Section 18J45.^v40 H,rnees shall not be planted cleser than 20 feet from a sueec igtersecriou,nor closer r.han two feet fr�ar private drive�ys(m�easured at the back edge of the side�ralk.} fire hydraucs or ucilit��poles w mziutain visual clearazice; , e. No newutilitypole locatiou shalt be esrabiished closer than five feet to anv existing street cree; ' i. Tree pits sh�' be located so as.not to include utilities(e.g.,ovater ac�gas Ixu:ters) in the tree well; g. On-premises utilities {e.g.,water ans�gas meters}shalt noe bc instaIle;��vit}�in existang tree we?1 areas; 1�. Strset trees si�!not�+e planted cIoser than 20 feer to liglit standuds; i. New liglat standards shal!not be posiuoned closer than 20 feet to existing street ures�xcept.�vhen public safery dictates,then they may be posiuoned no closer chan 10 feet; 1• �'Ohere there are overhead power lines,the street tree species selected shall be of a rype wiuch,at full matunty,will na inserfere with the lines; k Trees shall not be planted wiThin tw�feet from the face of the curb;arid 1. Trees shall not be planted within to�ro feec of any�eimanenc hard�urface paving or waik�va};; (1� Space between rhe�ree and rhe hud surface maybe ccvered bya nonpe.rmanenr bard surface such as grates,bricks on sand,paver bloc;ks and cobblestones;and (2) Siciewaik curs.in,concrete for rree piancing shall be at least four b f four feet�o allow for air and water inw�he rooc azea. :.'�CLRI"_:V�1�hiiieey�Strees Tree Planting list.dcc IQ/6i 2c:06 � � � � n - � �� II � (� .-- u� . � u� ---- r.. 11:`1 I'd ��}.n R +wwqw�w o p�.�r� .?7 ''�" ~•,�� _ •_--_.._...._._...._.._.__ _......... .._... .....�_......__._.. �_,/ V mao�+ au� +�.a`.� �� +w�.`.3`�- *�m.,�,� ��,`��vv, v rt�.�www «en+a,� LL.I (h ' ` �4<. : ' fAY'a.. +� ' ,:'. ..,;��" , -� �. ,>�'�,, � n � i '�wrot-*u�'� �sn �.7r� � "' �4r�`'.� � `t7 v� ` � � �;,} ," � � � � �"�i � .� �p■ •� � �� il C i � �'''„r :, � � . * � ��,�y ��'� �� . � �Q.� *� �"� 11 < �, 1 � � � �� ' � t � � � ' I � 1 � I I �...t� �-, f i :� l , a � 'S '_ + i � ; . .. 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"��.' { '��° �u: �, ' ..�...�: �i. ��. �� , . �' R�' - �. # ._ � 1 ,�� /7-7�'�� f _ . � .�.�� . � � -._. :p � SCALE 1" = so' COND/T/ONAL USE PERMIT :■ planningF��ourcesinc. 7180 SV/Fr Loop,Sui1e 201 Partnerships&OPe��ance DA TE.' ��-27—D7 GAARDE ST.2S103CD03400 PoNenO,IX3 9R23 �3�..,�a Fu ST.ANTHONY CHURCH PROJECT.• 07—rAB-508 � PRE—APPLICATI�N ��/� „ ,, FD : . CONFERENCE REQUES'I�'�� 1 � 2oos � 13125 SI�HQ!!BlarL,Tigard,OK 97223(503)G39�171 FAX.•(503)liB4-�l�p�r�F � '�'�-�i��.r;'JlPVG/�,,�,, �,��'-'ARD ��,��:rRfJ�1� GENERAL INFORMATION �.�/l � I [ FOR STAFF USE ONLY APPlicanr. � ! �7 GI" f� Ct �"G/L �ddress: �aUSS � )L�✓ /� �M�h��f�b� .(rL�y�J� Case No.: C�-�i o�-(1`V�n "��7� City: \ �� '�F'Z'i Zip: �-�� Receipt No.: �lTV�°`�� lpplicauion Accepeed By. �. ��-T Contact Person: � � �'tCe- � �J � Phoae:��'i<fi/g��'��f� Date: ��<< I U b Property Owner/Deed Holder(s): l-'�-rC�� 1 Z}C.�� / L�J (J 1��G<<'�G1 I �) � DATE nF PRE-APP.: � ��r �� V �� J � rlddzess: �� , �i.e�n J i�{E—' Yhone:5��.,�3� S 3�. TL�OF PRE-�PP.: R- -� PRF APP.HELD WITH: City: +JLi f^�r+l� � �p: q �'� a i 4-1�9s Rev.4/75{06 e\curpin\mastm�mised\Ps AppRequescdoc Property Address/Locatioa(s): .5 e'_�' �C7YL � � 1 O�r1_S h r P �SL'L�T''� �C�vt e _'� i�.J�s f I� � ' � ,c,� � i I►1� e �1�.�-�- ��t RE UIRED SUBMITTAL ELEMENTS ' r ' '; �G� • G` , " (Note: applicauoas will�be accepted ; ( without the teqwited subtnittal elements) ! Tax Nlap&Tax Lot#(s): ��7 C�' `J��jJ �7�(��Cf�`��' Pre.�1pp6c�tion Conf.Request Foaa Zoaing � �-S/ �COPIES EACH OF THE POLLOWING: r ❑ Brief Descriptiou of the Pcoposal and any Site Size: �(%� ��. � S� T'� site-specific questions/issues that you would like to have sraff ceseazch prioc to �e mecting. i PRE-APPLICATION CONFERENCE INFORMATION ❑ Site Plan. The site plaa must shoav the All of the information identified on this foun aic requircd to be submitted bp proposed lots aad/or building tayouts drr�vn the applicant and received by the Planning Division a minintum oEone(],�week to scale. 111so, show the location oE the �rior to of6ciallv scheduliag a pre-ap.gication confezeace date/time to allow subject propert� in relarion to the nearest staff ample time to prepaze for the meeting. �-tccets;and thc locations of daveways on the subject pmperty aad across the street ?�pre-applicarioa confesence can usually be xheduled within 1-2 weeks of the � V-i��,�p. Ylanning Division's ieceipt of thc rcquest for eithes Tuesdan or Thursdav moaunQS. Pre-application conferences are one (j� hout lone and aze typically ❑ �e Ptoposed Uses. held between the hours of 9:00-11:W 1��L (� Topogcaphic Iafotmation. Include Contout Lines if Yossible. PRE-APPLICATION CONFERENCES MUST BE SCHEDULED IN PERSON AT THE COMMUNITY DEYELOPMENT COiTNTER ❑ � �c Prc-�pplicadon Conference is for a ' FROM 5:00-4:00/MONDAY-FRIDAY. I�tONOPOLE ptojcct, thc applicaat must , attach a copp of the letter and pioof ia the IF MORE THAN 4 PEOPLE ARE EXPECTED TO ATTEND THE fo�x of an af£davit of mailing, that the PRE-APPLICATION CONFERENCE IN YOUR GROUP, PLEASE collocadon pzotocol was completed (see INFORM THE CITY IN ADVANCE SO THAT ALTERNATE ROOM Section 18.?98.080 of the Tigazd Commuaity ARRANGEMENTS CAN BE Me1DE TO ACCOMMODATE THE Development Code). GROUP. ❑ F�ing Fee$351.00 i Brief Description of the Proposal The applicant proposes to use lot 3400 for the purpose of a cemetery consistent with the use of the adjacent property (lot 3300) which has been in use as a cemetery by St. Anthony Church since the year 1890. Specific development (i.e. the mix of in-ground full body burials, mausoleum burial and above-ground cremation niches will be determined by the future needs of the community. Burials would begin after platting and sale of burial rights. The applicant would plan to fence and landscape the perimeter with fencing and landscaping to provide visual masking from adjacent properties similar to the landscaping that is presently installed in lot 3300. The granting of this conditional use would also allow the applicant to achieve the minimum size requirement of the present Tigard Development code (requirement of a minimum of 5 acres) by adding lot 3400 to lot 3300. The applicant does not believe that there are any further questions or issues that staff needs to address prior to the meeting. j / ; `� ! � / / / . , i / _ ..-_ ._...� . � � I � i � % � �/ � � � � I � J ! � i i � / :� i' � t � � � , � � , , ; � . . ; � ; % .% I i� j .. � � i , f i ; , I � (' j � �'�,, \' � � ` i ; � ' �j� j '� ' i --....... ._. �''\, \�� + ,' � r � � . � � • � . � .' , � i�' . 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' . � I � � : � _ - � � / ..._ -�. ,_ .\ \ �\ ._._ i � �--- � j � i � � ,._ _. .. � � 1,1 . � -�. �, � ; . � '�., �({� \ �� ,, � , �, \ , ;, � i , ` __ \ � �. � \1 ( j �t I � i I � \. � _ --. � � -�� , � \ 1 � � - _._ ..___ - - -. , ' I i I I ` ' �.. �.:- ' ` , ,� � . \ ,__ \ \ \ , � i •. -�..._ � � � -� � -- - . � \ `� -.__ , ,� � i �� { I � ,_ --- = _ _..--,, ' - - - - ____- ;. \\ �\ , \_. , _ , _ , , , i. , : �. � ___ � \�\ �� --- - _.. ._ . �.._ -- -- - _._ \. � �'��. �'•.,. \ � \ , •, � \ '�,. "-- . ..._�� \ �� _ _ v I— FAI R • ' ' � IGEOGRNPHIC INFOFMATION SVSTEM �' I VICINITY MAP 2S103CD, 03400 TLER'S LP j FAIRVIEW LN Q � - co � r- — 2 SUBJECT SITE � � > � Q � meuoo�o� °r° VI E T � - �- ----- GAARDE . N � o ,00 zao 30o Feee _/-.. - r=res r�c C >>v : � r -- fn IMarmafion an Ihis map is for general loca6on only and shald be verified with the Devdopnent Services Divisim. 13125 SW Hall Blvd Tgard,OR 97223 (503)639d 171 Mq�JA�nwv.ci.tgard.a.us Community Development Plot date:Aug 11,2006;C:\magic\MAGIC03.APR I ,, �2�I iGE :;�':� . :t::.;:.��,'!;�. .� T�T�L� E�V 5�I'�,�AR�C� � . S C H E D U L E A AMOiJNT: $60, 000.00 DATE: June 8, 1994 At: 5:00 P.M. PREMIUM: $330.00 POLICY NUMBER: W619845 1. NAME OF INSURED: THE ROMAN CATHOLIC ARCHBISHOP OF THE ARCfIDIOCESE OF PORTLAND IN OREGON 2. THE ESTATE OR INTEREST IN THE LAND WHICH IS COVERED BY THIS POLICY IS: Fee 3 . TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN: VENITIA M_ TURNBLTL,I, 4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS: A tract of land in Section 3, Township 2 South, Range 1 West Willamette Meridian, in the County of Washington and State of Oregon; Beginning at the 1/4 corner on the South line of Section 3 and going thence South 89 degrees 41' West along the center line of County Road No. 411, a distance of 417.4 feet to a point on section line and true point of beginning; thence North 00 degrees 37' East 20 feet to an iron pipe; thence continuing North 0 degrees 37' East 397.4 feet to an iron pipe; thence South 89 degrees 41' West 398.9 feet to an iron pipe; thence South 1 degrees 18' West 397.5 feet to an iron pipe on the North property line of said road; thence continuing South 1 degrees 18' West 20 feet to angle point on South line of Section 3; thence North 89 degrees 41' East 403 .6 feet to the true point of beginning. EXCEPTING THEREFROM the following: Beginning at the Northwest corner of the above described tract; thence South 1 degrees 18' West 397.5 feet to the North line of S.W. Gaarde Street; thence North 89 degrees 41' East, along said North line, 238.0 feet; thence North 0 degrees 37' East 397.5 feet to a point on the North line of the above described tract; thence West to the point of beginning. ----- CONTINUED - 1 - Ticor Title Insurance Company The sketch below is made solely for the purpose of assisiing in locating said premises and the company assumes no li�' '�ty for variations, if any, in dimensi� and location ascertained 5y actuai survey. J TrCi�R ��'lE � �VSl�RANCE �roo-�� ---- _ N` ' . . .___'_.r_ ��,t� I�.j � ' XSO� 2 � O � O l � - P l � 7 n 140G � I � � �, \/5 _�— 4 ° 3O� o! 2 TRACT ,:A� o� �o ��,, —, 2 �, ��,, J � ' r � ti�"� � � ��' � . S' /�� 3o Z r r� � �� . � 4 y. . y�� 7S 75 �y,� It5.17 ' Q ' s ,8 \ p52 �L '/ N es° 25 20 w 7600 � c�.�. No- 13 G94) 59�,)�, ,zh � FA 1 R V I E W �,q � iQ � �?s ��E �(l� �,��. �J ; / ti��ti I 500 9 `'� r- W �s r ati 6 � ; 9 `J �O9 ISA6 o L 2 �\ � � � o° 17 � $ � 2300 20 W� � 2y00 b 3QC)0 J 75.77 W .� � � Sya` a 3 Z20� 0 Q r 7500 i N /, �o �2s2o,�s"'F m`�" ` °� 10 y.� z 9 m � � � 3 M m • �, �, 1600 � ,. ,� ° o _ ' �y N 89°23'zo"w o .��. Z 2 p ; N C c^/� �g� , `n� N B9°Z S�2O"W � ° N h o 'V 0p � .y�82 �\ �p 9g,y3 �Z�15' 95 m � � 100 � 7• � 24CC — - � 86.23 � _, ^ 3�'�s F �' �Q' y,� 2(�0 ,,, `�� '° -- '' '�° 2cS00 p=o � N . h ti � � �oo ° I700 � �/� �-.� � �� ,g �' 8 P � .. � 4 � s E o J � —J• �s ^ .98 �D � 43��E /� p � � 59.90 N ` / � 6S N��09 4.6 S 2 N 'T8°28 �/J H h o0 � � 15 ao2� a• '��? 2000 27 ' 7' ita�3 as y as ��9y o 99,�� k e_ + =" �� ,, 39.73 O 32( �oh 7200 S � N �2w2g 1800 : n ?� �3 2 5 0 0 � +� 4an 2 2700 3 °' .45 / N IJOO �J O- IZ O ai�'p �+ �J n � 0 c� �T �q( �O��Q i o • � 0 p Q N Y7 � O" 0 tT C�tT� 5 � W � .: z (4 , i3 az o = �y�'��'�• � � "g ; (c� (/ i� „ ° �= TRACT ��8�� / �i;,,,66.20 0 9p 4 Z S B9°37�57°W 6 ��NITIA P =�.--(C.S ' „ . ....... ... . . ..... . . ..I�O ,60 60 160 70 � 5 8� �I - 233.3 W EST 25 3/IO R005 r- ` 5 83°41� W 398.9 ' _ � �\ OPEN sPacE � �500 3400 3300 1 2./5 Ac. /5/Qc. 3.5B Ac � �3-?'4 J6.53 �C.S. N0. �J`J4< o' m 2 p� " -: � O1 N K1 Q O � i: O �: � � ARCNDIOCESE OF OREGON CrTY �� roaoa �, o �`j`�p "' � (ST. Anthony'S :emetery) (C.S Na 5539) 108- 162 360G N .4o Ac. 3 �' T..a�ZN �' i.t��.. m ;� W (C.S. No. 9I63) (GS. Nc. i e o q a�V�Y1 b+�f � � o ' 0 0 N � y (C.S. tJ�. J3,198) = o y N z (�.5. No, 55� (CS. Na.9327) . N B9°41� E 403.6 Q EAST 25 3/!0 RO05 �� 238.0 ` _ �R �. �(,�4�� GA�4RDE — � �eZ.e2 FiELU N� STREE6~ �, �, aE� IR °` °' SEE MAP � ! 2S i IOSA L�ir�� . . �. . , �, . e ._ . . ...._ . � ._ . � . � � , . �.. . . .�.. o , a .� . . ..a . . ..,m. � • � • � �� 5�;�' � � , 5�"��. : _ - � - ._ � . - i �.r. h: � � - � � .:. � :� 4 �� '�'Y . � � ., _ � ��•q ' - . � _ _ � �� . � _ ., �� - ''� ♦ _ e � � �� &°�. �!�1 � ; � - S��TTOf�D 4- � , . - � . - ' . - �� : � �•� . .�,� _ - , , , ,,.. :: _ _ . � ,�= f ...----.._._ .. <� - :, ��,� � � � � ��, � . . ��. �,v �tIC��S�If� � ' if �`� ��`J � � � �x�t� _ _ - i ; �>� � � ' �,�� ; �� :� � � � . . .�;�: � �--�--�--�--� � . �.-____.__V.^...� � ..� � � � #�� - �� -�` ��- _ -�_______��-- �'°--^—°��--.�,�"`�'^=c.. '----•----7a � ,E et�, �,,.. . . . . . _ . .. . . � �.. - - � ""�°�� "�.,n�;,�� ,.��;p E'. _ -�.,. =^� , � �o- .3Y . � '��.: Y.,s�aP' . �"`�' i�.Ty..�Y� � . . '�. ,�. �_ . ' m,e��"�� . ,� . „- . " , .: ,�. � . . - ' - ,�,4.r•� . _ �. . 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' �� M . / , . �J �•�7f'� , c�4r.��.�� . rr� �r��♦ a�►��. • rr�r . . a �rlr<.� ��-''tY`,�w,,�� '". ..y9�°r�`�a�� aoar ��'S wr�.*�3sa.,' ar��r�-Y� s v ! �� r w�� • r►::. �°'�� _�,��„e� �/ `� � / DlLORE:O ST. �N�H�NY CATHQLIC CEMETERY 6 DECEMBER 2000 ARCHlT�CTS, LLC (Site size and existing road layaufi as interpreted from clien# drawing dated June 1993, revised .lune 1998) SCALE: 1 ' = 50` PRE-APPLICATION CONFERENCE NOTES � ' ➢ ENGINEERING SECTION Q C�yNilgari,��g�n �'rnnmuttity�Deve(opment Sfia � A BetterCommun' PUBLIC FACILITIES Tex Map[sl: 2sto3co Tex Lo�sl: 3400 Use Typ�: CUP 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 qroiection 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 Gaarde Street to 35 feet from centerline (appears to be 20 feet) ❑ SW to feet ❑ SW to feet ❑ SW to feet Street improvements: � Half street improvements will be necessary along SW Gaarde Street, to include: ❑ feet of pavement ❑ concrete curb ❑ storm sewers and other underground utilities ❑ -foot concrete sidewalk � street trees sized and spaced per TDC ❑ street signs, traffic control devices, streetlights and a two-year streetlight fee. ❑ Other: CITY OF TI6ARD Pre-Appllcatlon CoMerenc�Notes Page 1 of 6 Englneering Ospartmem SecU�n ❑ 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 finro-year streetlight fee. ❑ Other: ❑ street improvements will be necessary along SW , to include: ❑ feet of pavement ❑ concrete curb ❑ storm sewers and other underground utilities ❑ -foot concrete sidewalk ❑ street trees ❑ street signs, traffic control devices, streetlights and a two-year streetlight fee. ❑ Other: ❑ street improvements will be necessary along SW , to include: ❑ feet of pavement ❑ concrete curb ❑ storm sewers and other underground utilities ❑ -foot concrete sidewalk ❑ street trees ❑ street signs, traffic control devices, streetlights and a two-year streetlight fee. ❑ Other: ❑ street improvements will be necessary along SW , to include: ❑ feet of pavement ❑ concrete curb ❑ storm sewers and other underground utilities ❑ -foot concrete sidewalk ❑ street trees ❑ street signs, traffic control devices, streetlights and a two-year streetlight fee. CITY OF T16AR0 Pre-Applicadon Co�erence Notes Page 2 of 6 Englneering Depar[ment Sectlon . ` ❑ Other: Aqreement for Future Street Improvements: In some cases, where street improvements or other necessary public improvements are not currently practical, the improvements may be deferred. In such cases, a condition of development approval may be specified which requires the property owner(s) to provide a future improvement guarantee. The City Engineer will determine the form of this guarantee. The following street improvements may 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, at the election of the developer, a fee in-lieu of undergrounding can be paid. This requirement is valid even if the utility lines are on the opposite side of the street from the site. If the fee in-lieu is proposed, it is equal to $ 35.00 per lineal foot of street frontage that contains the overhead lines. There are existing overhead utility lines which run adjacent to this site along SW Prior to , the applicant shall either place these utilities underground, or pay the fee in- lieu described above. Sanitary Sewers: The nearest sanitary sewer line to this property is a(n) inch line which is located . The proposed development must be connected to a public sanitary sewer. It is the developer's responsibility to Water SupplV: The (Phone:(503) � provides public water service in the area of this site. This service provider should be contacted for information regarding water supply for your proposed development. Fire Protection: Tualatin Valley Fire and Rescue District (South Division) [Contact: Eric McMullen, (503) 612-7010] provides fire protection services within the City of Tigard. The District should be contacted for information regarding the adequacy of circulation systems, the need for fire hydrants, or other questions related to fire protection. Storm Sewer Improvements: All proposed development within the City shall be designed such that storm water runoff is conveyed to an approved public drainage system. The applicant will be required to submit a proposed storm CITY OF T16ARD Pre-Applicatlon Co�erence Notes Page 3 of 6 Engln�ering O�par[msM Sectlm drainage plan for the site, ar ~�ay be required to prepare a sub�' :in drainage analysis to ensure that the proposed system wil� ,ommodate runoff from upstream p, _,�erties when fully developed. Must take care of stormwater runoff if creating new impervious surface area. Storm Water Qualitv: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) (Resolution and Order No. 00-7) which requires the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from 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, the fee shall be $210. Preliminary sizing calculations for any proposed water quality facility shall be submitted with the development application. It is anticipated that this project will require: � Construction of an on-site water quality facility. ❑ Payment of the fee in-lieu. This is a required element if creating new impervious surface areas. 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. Access spacing standards musf be met or an adjusfinent to the standard granted. See 18.705.030.H.9-4. Preliminary sight distance certification must be provided with the Land Use application for completeness. TRAFFIC IMPACT FEES In 1990, Washington County adopted a county-wide Traffic Impact Fee (TIF) ordinance. The Traffic Impact Fee program collects fees from new development based on the development's projected impact upon the City's transportation system. The applicant shall be required to pay a fee based upon the number of trips which are projected to result from the proposed development. The calculation of the TIF is based on the proposed use of the land, the size of the project, and a general use based fee category. The TIF shall be calculated at the time of buildinq permit issuance. In limited circumstances, payment of the TIF inay be allowed to be deferred until the issuance of an occupancy permit. Deferral of the payment until occupancy is permissible o� when the TIF is greater than $5,000.00. CITY OF TI6ARD Pre-Appllcatlon Co�erence Notes Page 4 of 6 Englmering Departm�xt E�etl�n ' � , ' . 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 costs exceeds the deposit amount. NOTE: Engineering Staff time will also be tracked for any final design-related assistance provided to a Permittee or their engineer prior to submittal of a PFI permit application. This time will be considered part of the administration of the eventual PFI permit. The Permittee will also be required to post a performance bond, or other such suitable security. Where professional engineered plans are required, the Permittee must execute a DevelopeNEngineer Agreement, which will obligate the design engineer to perform the primary inspection of the public improvement construction work. The PFI permit fee structure is as follows: NOTE: If an PFI Permit is required,the applicant must obtain that permit prior to release of any permits from the Building Diuision. 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. CIT110F i16ARD Pre-Applicatlon Comerenca Notes Page 5 of 6 Engtneering U�partmeM Sectlen Other Permits. There , .: other special permits, such as m. _,ianical, electrical and plumbing that may also be required. Contact the Development Services Counter for more information. GRADING PLAN REQUIREMENTS FOR SUBDIVISIONS All subdivision projects shall require a proposed grading plan prepared by the design engineer. The engineer will also be required to indicate which lots have natural slopes between 10% and 20%, as well as lots that have natural slopes in excess of 20%. This information will be necessary in determining if special grading inspections will be required when the lots develop. The design engineer will also be required to shade all structural fill areas on the construction plans. In addition, each homebuilder will be required to submit a specific site and floor plan for each lot. The site plan shall include topographical contours and indicate the elevations of the corners of the lot. The builder shall also indicate the proposed elevations at the four corners of the building. PREPARED BY: ' ��- �� -0� ENGINEERIN DEPARTMENT STAFF DATE Phone: [5031639-41T1 Fax: [5031624-0752 document2 Revised: September 2,2003 CITY OF TIGARD Pre-Applicadon Conferance Notes Page 6 of 6 Englne�ring Ospartment SecUon C.� TY OF TIGARD PRE-APPLICATION CONFERENCE NOTES �ammunity�Deve(npment Skaping?I BetterCommunity (Pre-Application Meeting Notes are Valid for Six (6) Months) _ -_ _ ; _ _ � �nn�o� oc� � � i . �� _ � .� NON-RESIDENTIAL !�_. APPLICANT: ' �kEct� AGENT: ��',�; �1 I�s�c� Phone: � ��- � - < < Phone: � ) ��r �tit.� PROPERTY LOCATION: �,1 ADDRESS/GENERAL LOfATION: C��r � �' ��i-- ,�e t�ut� I 1��` Wru P ¢ l i �" �^ �1 TAl( MAP(S)/LOT #(S): � S I U 3 C 1�(�� , �c"�� NECESSARY APPUCATIONS: ( ��+_ci.► r.'�n��I t.l � r> �_ N ;;.ti,�;�.� �C� C�� PROPOSAL DESCRIPTION: r - :� ��,�+�e t u�� h << . � �v .� . (` ��.►c � �f .. COMPREHENSIVE PLAN MAP DESIGNATION: L�;.�: - �er,�,S;�t�; � rs; d r_:,��4� I ZONING MAP DESIGNATION: ,t�- �I• _� ZONIN6 DISTRICT DIMENSIONAL REQOIREMENI'S [R�fer u C�d�Secd�p 1S. `�, i� 1 .� � '� '— ,--�= ,"� ,^ "�' MINIMUM LOT SIZE: • <=� sq. ft. Average Min. lot width: �v ft. Max. building height: ��} ft. Setr�cic� Front��ft. Side�_ft. Rear �_� ft. Comer��ft. from street. MAXIMUM SITE COVERAGE: _�% Minimum landscaped or natural vegetation area: C> %. � NEI6HBORNOOD MEETIM6 [R�fer t�tfi�N�ighborh��d Meetlng Napd�atl THE APPLICANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET, INTERESTED PARTIES, AND THE CITY OF TIGARD PLANNING DIVISION of their proposal. A minimum of finro (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. Meetinq is to be held prior to submitting your application or the application will not be accepted. • NOTE: In order to also preliminarily address building code standards, a meeting with a Plans Examiner is encouraged prior to submittal of a land use application. CITY OF TIGARD Pre-Application Conference Notes Page 1 of 8 NON-Residenhal ApplicationlPlanning�ivision Section � NARkATIYE [Refer ta Cede Cha� 18.3901 The APPLICANT SHALL SUBMIT A NARRATIVE which provides findings based on the applicable approval standards. Failure to provide a narrative or adequately address criteria would be reason to consider an application incomplete and delay review of the proposal. The applicant should review the code for applicable criteria. � IMPACT STUUY [R�fer to Cod�S�ctlans 18.390.040 and 18.390.0501 As a part of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to INCLUDE IMPACT STUDY with their submittal package. The impact study shall quantify the effect of the development on public facilities and services. The study shall address, at a minimum, the transportation system, including bikeways, the drainage system, the parks system, the water system, the sewer system and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards, and to minimize the impact of the development on the public at larg e, 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 specfically 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 [R�fer to Chaptors 18.705 and 18.7651 Minimum number of accesses: Minimum access width: `�U �r' . Minimum pavement width: .� � (t.� < <„�,s � F � � ,z � All driveways and parking areas, except for some fle�t storage parking areas, must be paved. Drive-in use queuing areas: �� WALI(1NAY REQUIREMENTS [Refer t�C�d�Secd�n 1�.705.9301 WALKWAYS SHALL EXTEND FROM THE GROUND FLOOR ENTRANCES OR FROM THE GROUND FLOOR LANDING OF STAIRS, ramps, or elevators of all commercial, institutional, and industrial uses, to the streets which provide the required access and egress. Walkways shall provide convenient connections between buildings in multi-building commercial, institutional, and industrial complexes. Unless impractical, walkways should be constructed between a new development and neighboring developments. ❑ SPECIAL SETBACKS [Ref�r u C�de Cdapt�r 1i.1301 � STREETS: feet from the centerline of � LOWER INTENSITY ZONES: feet, along the site's boundary. > FLAG LOT: 10-FOOT SIDE YARD SETBACK. ❑ SPECULL BUILDIN6 NEI6HT PR6YISIONS [Ref�r to Code S�cti�a 18.130.610.BJ BUILDING HEIGHT EXCEPTIONS - Buildings located in a non-residential zone may be built to a height of 75 feet provided that: > A maximum building floor area to site area ratio (FAR) of 1.5 to 1 will exist; > All actual building setbacks will be at least half('/2) of the building's height; and > The structure will not abut a residential zoned district. ❑ BUfFERIM6 AMD SCREEMIM6 [Refer te C�d�Chapter 18.7451 In order TO INCREASE PRIVACY AND TO EITHER REDUCE OR ELIMINATE ADVERSE NOISE OR VISUAL IMPACTS between adjacent developments, especially between different land uses, the City requires landscaped buffer areas along certain site perimeters. Required buffer areas are described by the Code in terms of width. Buffer areas must be occupied by a mixture of deciduous and evergreen trees and shrubs and must also achieve a balance between vertical and horizontal plantings. Site obscuring screens or fences may also be required; these are often advisable even if not required by the Code. The required buffer areas may o� be occupied by vegetation, fences, utilities, and walkways. Additional information on required buffer area materials and sizes may be found in the Development Code. CITY OF TIGARD Pre-Application Conference Notes Page 2 of 8 NON-Resldenual Application/Planrnng Drvisron Section The ESTIMATED REQUIR� 3UFFER WIDTHS applicable to yo�. .��oaosal area are: feet along north boundary. feet along east boundary. feet along south boundary. feet along west boundary. IN ADDITION, SIGHT OBSCURING SCREENING IS REQUIRED ALONG: ,� LANDSCAPIN6 [Refer to Cede Cnapters 18.745,18.765 and 18.7051 STREET TREES ARE REQUIRED FOR ALL DEVELOPMENTS FRONTING ON A PUBLIC OR PRIVATE STREET as well as driveways which are more than 100 feet in length. Street trees must be placed either within the public right-of-way or on private property within six (6) feet of the right-of- way boundary. Street trees must have a minimum caliper of at least two (2) inches when measured four (4) feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the branching width of the proposed tree species at maturity. Further information on regulations affecting street trees may be obtained from the Planning Division. A MINIMUM OF ONE (1) TREE FOR EVERY SEVEN (7) PARKING SPACES MUST BE PLANTED in and around all parking areas in order to provide a vegetative canopy effect. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. These design features may include the use of landscaped berms, decorative walls, and raised planters. ❑ RECYCLIM6 [R�fer t�C�d�Chapter 18.7551 Applicant should CONTACT FRANCHISE HAULER FOR REVIEW AND APPROVAL OF SITE SERVICING COMPATIBILITY. Locating a trash/recycling enclosure within a clear vision area such as at the intersection of two (2) driveways within a parking lot is prohibited. Much of Tigard is within Pride Disposal's Service area. Lenny Hing is the contact person and can be reached at (503) 625-6177. ❑ PAR10N6 [Refer b Ced�S�cti�p 15.765.04A1 REQUIRED parking for this type of use: Par{cing SHOWN on preliminary plan(s): �` " `� SECONDARY USE REQUIRED parking: �� Parking SHOWN on preliminary plan(s): NO MORE THAN 50% OF REQUIRED SPACES MAY BE DESIGNATED AND/OR DIMENSIONED AS COMPACT SPACES. PARKING STALLS shall be dimensioned as follows: > Standard parking space dimensions: 8 feet, 6 inches x 18 feet, 6 inches. � Compact parking space dimensions: 7 feet, 6 inches x 16 feet, 6 inches. Note: Parking space width includes the width of a stripe that separates the parking space from an adjoining space. Note: A maximum of three (3)feet of the vehicle ovefiang area in front of a wheel stop or curb can be included as part of required parking space depth. This area cannot be included as landscaping for meeting the minimum percentage requirements. HANDICAPPED PARKING: > All parking areas shall PROVIDE APPROPRIATELY LOCATED AND DIMENSIONED DISABLED PERSON PARKING spaces. The minimum number of disabled person parking spaces to be provided, as well as the parking stall dimensions, are mandated by the Amencans with Disabilities Act (ADA). A handout is available upon request. A handicapped parking space symbol shall be painted on the parking space surface and an appropriate sign shall be posted. > BICYCLE RACKS ARE REQUIRED FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in convenient locations. ❑ LOADIM6 MEA REQUIREMEMTS [Ref�r to C�d�S�cdon 18.765.0801 Every COMMERCIAL OR INDUSTRIAL BUILDING IN EXCESS OF 10,000 SQUARE FEET shall be provided with a loading space. The space size and location shall be as approved by the City Engineer. CITY OF TIGARD Pre-Application Conference Notes Page 3 of 8 NON-Residential ApplicationlPlannmg Division Section � ❑ BICY�LE RACKS [R�fer to Cade i�n 18.7651 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. ❑ SENSITIYE LANDS [Refer to Cod�Chapt�r 18.7151 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 responsibilitv to preciselv 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 qlans 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 [R�i�r u Code S�ctl�n 18.715.080.C1 When STEEP SLOPES exist, prior to issuance of a final order, a geotechnical report must be submitted which addresses the approval standards of the Tigard Community Development Code Section 18.775.080.C. The report shall be based upon field exploration and investigation and shall include specific recommendations for achieving the requirements of Section 18.775.080.C. � CLFAMWAT�R SERYICES[CWSI BUFFER STANDAR�S [R�f�r te R a�96-44/OSA R�gnlad�AS-Cb��t�r 3l 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. Desi n Criteria: The EGETATED CORRIDOR WIDTH is dependent on the sensitive area. The following table identifies the required widths: TABLE 3.1 VEGETATED CORRIDOR WIDTHS SOURCE: CWS DESIGN AND CONSTRUCTION STANDARDS MANUAURESOLUTION &ORDER 96-44 SENSITIVE AREA DEFINITION SLOPE ADJACENT 4 WIDTH OF VEGETATED TO SENSITIVE AREA CORRIDOR PER SIDE • Streams with intermittent flow draining: <25% � 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 onds • Streams with intermittent flow draining: >25% 1 10 to <50 acres 30 feet � >50 to <100 acres 50 feet • Existing or created wetlands >25% Variable from 50-200 feet. Measure • Rivers, streams, and springs with year-round flow in 25-foot increments from the starting • Streams with intermittent flow draining >100 acres point to the top of ravine (break in • Natural lakes and ponds <25°6 slope), add 35 feet past the top of ravine6 Starting point for measurement = edge of the defined channel (bankful flow) for streams/rivers, delineated wetland boundary, delineated spnng boundary, and/or average high water for lakes or ponds,whichever offers greatest resource protection. Intermittent springs, located a minimum of 15 feet within the river/stream or wetland vegetated corridor, shall not serve as a starting point for measurement. SVegetated corridor averaging or reduction is allowed only when the vegetated conidor is certified to be in a marginal or degraded condition. 6The vegetated corridor extends 35 feet from the top of the ravine and sets the outer boundary of the vegetated corridor. The 35 feet may be reduced to 15 feet, if a stamped geotechnical report confirtns slope stability shall be maintained with the reduced setback from the top of ravine. CITY OF TIGARD Pre-Applica6on Conference Notes Page 4 of 8 NON-ResidenUal App6cationlPlanning Div�sion Section � Restrictions in the Ve etatE rridor: NO structures, deve opme��, construction activities, gardens, lawns, application of chemicals, dumping of any materials of any kind, or other activities shall be permitted which otherwise detract from the water quality protection provided by the vegetated corridor, except as provided for in the CWS Design and Construcfion Sfandards. 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. ��y � CWS Service Provider Letter: L.`� 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 R8�0 96-44 sensitive area requirements. If there are no sensitive areas, CWS must still issue a letter stating a CWS Service Provider Letter is not required. �" SI6NS [R�f�r to Cod�Chapt�r 18.T801 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 REMOYAL�LAN REQOIREMENTS [Ref�r t�Cod�S�cdon 18.790.130.CJ A TREE PLAN FOR THE PLANTING, REMOVAL AND PROTECTION OF TREES p�ePared 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, �artition, site development review, planned development, or conditional use is filed. Protection is preferred over removal where possible. THE TREE PLAN SHALL INCLUDE the following: ➢ Identification of the location, size and species of all existing trees including trees designated as significant by the City; ➢ Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.790.060.D according to the following standards and shall be exclusive of trees required by other development code 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; 1 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. ,� MITI6ATION [Refer to Code Sectlan 18.190.060.EJ 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 damaged is not reasonably available, the Director may allow replacement with a different species of equivalent natural resource value. CITY OF TIGARD Pre-Application Conference Notes Page 5 of 8 NON-ResidenUal Appl�caDOn�Planning Divi5lon$ecUOn � ➢ If a replacement tre the size cut is not reasonably avai � on the local market or would not be viabte, the D��ctor 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. J�CLEAR YISION AREA [R�f�r u Cod�Chapt�r 1i.1951 The Cit requires that CLEAR VISION AREAS BE MAINTAINED BETWEEN THREE (3) AND EIGHT �8) FEET IN HEIGHT at road/driveway, road/railroad, and road/road intersections. The size of the required clear vision area depends upon the abutting street's functional classification and any existing obstructions within the clear vision area. ❑ ADOITIONAL LOT DIMEMSIONAL REQUIREMENTS [Ref�r to Code S�ctlon 18.810.0601 MINIMUM LOT FRONTAGE: 25 feet unless lot is created through the minor land partition process. Lots created as part of a partition must have a minimum of 15 feet of frontage or have a minimum 15-foot-wide access easement. The DEPTH OF ALL LOTS SHALL NOT EXCEED 2'/z TIMES THE AVERAGE WIDTH, unless the parcel is less than 1'/2 times the minimum lot size of the applicable zoning district. 60DE CHAPTERS � 18.330(Condi6onal Use) 18.6ZO(Tgard Tnang�e Design Standards) _ 18.765(OR-Street Parkirgl�oadirg Requirements) _ 15.340(Diredors�nterprera6on) 18.630�w�r,��m�,s��R��i c�c�� 18.775(sensio�e�ands Re�iew) _ 18.350(P�anned oe�e�opment} � 18.705�a�9�rc��,�� 18.780(sgns) _ 18,360�s�oe oeve�txrient Review� 18.71 O(Accessory Res�dentia�unrts) - 18.785(Temporary use Pemms) _ 18.370(variar�Adjustments) 18.715(�ensity Cornputations) � 18.790(7ree Removaq _ �8.3SO(Zonirg MapRe�Amendments) �H.72O(Desgn Compatibility Shandards) ,� 18.795(v�sua�C�earance Areas) _ 18.385�M��a�«,s Pem,as► �S.7Z5(Environmental Perfortnance Standards) - �S.79H(WireVess Communication Facilibes) � 18.390(oeasb�neakirxj Prooedu �aa sa,d�� 18.730(�oePtions To oe�e�ocxnent standards) ,� 18.810(street s uti��ty�mpro�ement standards) _ �H.4�O(Lot Line Adjustrner�) 18.740(H�storic o�er�ay) _ 18.420(�and Partieons) 18.742�Home ooa�paeon Perm�) _ 18.430�s��amsa�s> � 18.745{�andscaping�saeenng standards) � 18.510�R�a�,o�i zo�,��m�s� 18.750(rvtanutacturedrtv►o�i�Horrie cte9u�ations) _ 18.520(Commeraa�Zoning Districts) 18.755(Moced So�id wastelRecyding Storage) _ 1 H.53O(�ndustrial Zoning Distrids) 18.760(Noncontormirg Situatbns) CITY OF TIGARD Pre-Application Conference Notes Page 6 of 8 NON-Residentlal Application/Planning Division Section ADDITIONAL CONCERNS OR COMMENT. ��/ 1 �� _,.i. '�� ,�k Tj.✓ .C'.��.r;c>_ ? �� '�" - ''i Do,'�c � � -"r1 .l 1 ✓� � O � _� l. L j`; {,�� ( K 3�� v.S�% 15 I I �� ;vr , �t-�.,_t-I�.,--1 j ��>� ; �r !�,_�.it-% �� l«rca r� ;_ �,tit�t-cc✓�F �-4S� � � YQi/rJ ' i►. .�'I s� f �y., A[ : /'.., ,, ; �vi ...+�. �-1 �f`t S' � d c r�.-«1 rtc�r ii�� ; c�,�- C ��y��.,��P �r�'y,-!- � S�a � -r i�a,., - �; *'1 1- �,+ c� � _ /i 1 i� . �� "� (��,'��✓ Ir�;- ".��;�__,.;. - M � ,� _ � \ f � ,� ��J m �St w,�Ct� v,�i�:c�f c j�arct.t�.� � � - � 'l(. c' r" �,�. /'J ^ � ' '`' %l.+ c:.'Z c�fr" -,� ' `� � � Z ��Ct i'�'Y,.. <-C1.t.; � ` 't� '�'t• � _ — v�.{,L � _� .//�.'r i'�1� i�fl �,• .1 ;� � - — -- .,, --- s _ _ �_. �oCC.C; . S�rbw:��f �r �;� i�c�� ,.�� iU ' �<< -i� ! �tiv�p�C k >� $S o'� � ,Fr�.: �J p r-� � -w�e 1� S ru F-t rr�L,r-�.�. f�c='ti°�✓�i .� i..r r 1L T��i d `� L' •'_I s.G PROCEDORE 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 SUeMITTAI PR9CESS All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the Communiry Development Department at Tigard City Hall offices. PLEASE NOTE: A lications submitted b mail or dro ed off at the counter without Plannin ivision acce tance ma e returned. e Planninq counter closes at 5:00 PM. Ma s submitted with an a lication shall be folded IN ADVANCE to 8'/z" x 11". One 8'/z" x 11" ma o a ro ose ro'ect s a e su mitte or attac ment to t e sta re ort or a ministrative decision. Applications with un olded maps shall not be accepted. The Planning Division and Engineering Department will perforrn a preliminary review of the application and will determine whether an application is complete within 30 days of the counter submittal. Staff will notify the applicant if additional information or additional copies of the submitted materials are required. CITY OF TIGARD Pre-Application Conference Notes Page 7 of 8 NON-Residential Application/Planning Division Section , • . The administrative decisior public hearing will typically occur aF ximately 45 to 60 days after an application is accepted as bC�ng 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 ��r � ��-,��- ; 1 . A basic flow chart which illustrates the review process is ava lable 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. BOILDIM6 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 Citv's policv is to apply those system develo ment credits to the first buildin ermit issued in the develo ment (UNLESS OTHERWISE DIRECTED BY THE DEVELOPER AT THE TIME IN WHICH T E DEMOLITION PERMIT IS OBTAINED). e con erence an notes cannot cover a o e requirements an aspects re ate to site planning that should ap pl to the develo ment of your site plan. Failure of the staff to provide information required by the G�e shall not cons�tute a waiver of the applicable standards or requirements. It is recommended that a prospectiye applicant either obtain and read the Community Development Code or ask an questions of Cit staff relative to Code re uirements prior to submittin 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: �� Cln OF TIGAR PIANN DIYISION - STAFf PERSON HOLDING PRE-APP. MEETING PHONE: 503-639-0I11 FAX: 503-684-1291 � '� � - �� -�� EMAIL• (snfls first n�me)@ci.tigard.or.us Cv��l`f �� ti c�►� - �,�. <��;� 11TLE 16(CITY OF TIGARD'S COMMUNITY DEYEIOPMENT�DE)INTERNET MORESS: WWW.CI.[1q81'd.6fAS H:lpattylmasterslPre-App Notes Commercial.doc Updated: 15-Dec-04 (Engineenng section:preapp.eng) CITY OF TIGARD Pre-Application Conference Notes Page 8 of 8 NON-Residential Application,Planning Division Seclion 11�Q.j D! w�o cl t� Y�e�,;a c ".� - (�1- S't�t '��1 J ;;�. �� ;>��;. , ST. ANTHONY CEl�lETER�' � 4 �s n� � `j �>; JJ05 SVG MCKENZIL STREI�:�P ��n.�t�. �� 1`IGARD, OR 97223 � .3�;� �. � �F� , � � I HONE: 503-639-4179 . ,;�� '`�;, �� ° ► ;,- _'�. .., Pt1X: 503-624-2364 , y:,F .,, � —=- t.' Y=, + .y �L:�y�'r! d"� . ' . . . i .. March 8, 2007 Dick Bewersd�rff Planning Manager City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 .�� Mr. Bewersdorff, � � Our Conditional Use Permit Pre-Application Conference meeting for the St. Anthony Cemetery addition occurred on September 14, 2006. The Pre-App Conference Notes are due to expire on March 14'h, so we are requesting an extension of an additional six months. As suggested by Emily Eng, we are attaching a copy of the notes so you can determine if any of your standards have changed. If you have questions, feel free to call us: Bruce Hollister ... 503-593-3194 (cell) A1 Tabayoyon ... 503-330-8402 (cell) Sincerely, -�(�__��. Bruce Hollister A1 Taba Cemetery Director Cemetery Board Chairman � U��O�- o��v� , . � �� .,�''."r �ry�"�� r � � �';� � � k ' _'�=�,,`;; �r ' A1 Tabayoyon �:f��'�� ;y: St. Anthony Catholic Cemetery 9905 SW McKenzie Street Tigard, OR 97223 ' City of Tigard, Oregon 13125 SW Hall Blvd. January 7, 2009 Tigard, OR 97223 City of Tigard, As required for CUP 2007-00005 for the St. Anthony Catholic. Cemetery, attached is a copy of the Tree Restrictive Covenant Deed Restriction f3 pages) ihat was recorded with Washington County, Oregon. If you have any questions, feel free to call me on my cell phone (503)330-8402 or via email: al@tabayoyon.net. Thank you, ,��/ c�"t' __ __ -. _ _ AlTabayoyon Cemetery Boar St. Anthony Catholic Cemetery 12/11/2008 ______._ _. . . _ _ __ _ � � 12I12�2o08 02:34:45 PM LUUtS-UyZ54L.S ' �Ul Cnt=1 Stn=9 C TOMPKINS t �� 00 55.00 S11.00 S'1.00-Total=532.00 � �� flfter Rcc�rdin}>>�nd A C.:aj�a T�<�: 01312925200800984230030033 S'1. AN7'H()I�Y'S CA'I'H()] 1{: CI:.?�fI;'i'1•:R� I Richsrd Hobernichf.D�rector of Aseessmmt�ntl - Taxetion and Et-pfflcio Cpunty CkfM for Waefiington �_�1�.�.i��,�, 99U5 SW ;�1cKenzie Street County.Oreyon,do henby c�rtily thit th�within �-�--:�;:- Instr�ment of wrttinp wss rrwived and recorded in the Ir-�+y.'��. Tigard,C)R 9i223 bopk of retOrda of s�ld Cou Z �-�-� � ,�`. Rich�rd Hobsrnicht,Dinctor of Ascsssment�� ,�,��':+^� �'1�� iU.: Tazstan.Ex-�RIcVo County Clerk "" TREE RESTRICTIVE COVENANT DEED RESTRTCTION lleclarai�t is the c��vner of prc>pe�ty described as �'ARCi:L I3 i�t�� 'I'HL L.i1ND D�,St�RIBED TN 1��r1SHING"I"C)N CQUNTY DELI7 17��U�LEN'�' NC�� 2008-�143994. I.00ATL.D IN 'I`HF., SW 11� C)F SECTItJN 3. TZS. R1t�'. V'v'II.LA�I�L'I"I'E i��ERiD�IAN. IN 1"I-1�; GI`I'Y' OF 'I�It�rl�l�. 1�%i�5Hl1�C'T['ON C(�LIN"1'Y.Q�t�;�;t)N �.l�;i�: A'I'r'AC_'�-{I�.D Li:�,Gt'1Jw DI;;SCRTP'I'ION. Ueclarant has presenred or retuneci che three exisring trees of 6 inch ciiameter breasr hei�ht or �rearer aver and acrc�ss poreinrls of said prc�pert}� in acrord<�nce �,vith the Cin� <7f Ti�ard Canditians ati Approval dc�c��mentti CUP 2(?Oi-OU(305 and VAR 2U08-00001. Any sur.h e�istin� preser�-ed or rccained trce over G inch di�uneter breast hei�;ht naa}'be remo��ed only if the tree dies or i� 1-�ar�irdous accordis�g tc� a certifieci arboriSt. "I`his deed rest.ricd�n ma�� l�e ren�oc-�d or �vill be CC)f1S1(�CYZd in��al.ic� if :�ll crees prescr��ed in accordanc:� �i-it�l this section should either die or k��; removed as hazarclous. 'I�HIS :1G1ZI:L.h4.f�:N`1' shall be decmed a Cc>vt.nant runnin�; u�ith the lailcl and is biriding uporl tl�e ��.n�ers c>f pr.operr�� dcsexi#�ed as PARCFI, I1 OF THE I..t1,IVT� T��SCRIBL,I� Ii� �w'ASH1�1�?GTC�N CC��JI�'�'�` I�E1.�p Dt)GUMEN"i' NC). 2(iQ8-C)43994. L(}Cr1�'13� I� "1'l��T�. S��' l/4 Qf STCTI(��1 3, T2�,Rl\��. �X�II.I.t1�1�"i'1'�: i�il�,itllalAN� IN '1"HF CITY C�F "1'I(T,��.R.l�. ��'r�Si-iINGTON COi.�N'I'�',()RJ:;GC)N, and their succ:essors anc3 assi�;ns. I?V ��'!'1'NLS5 'I'I�iEFZ�:()I�, d�e Declarant has elecuted this agreerricnt oi� tlzat ciate and i�ear set forth bclo�;�. llEC:I_.°\1tAN"1": 1�.�., � ,r; ��ce,M b�- 3 , Z�8' �ar� 5'1'A'I'E OF I�IZT^:GON, CC7LJNTY (aF\�'ASHXNC;TON� "1"his.,y,��,�,»cnt was acknc�>wled��ed befc�re me by _...._ 3, ��" - _f :-----�._-.�-...�.... '7N GFrlC1A:_SEAL JEAH�:YTE M GENT YY t 3 Nor�v Pur��rc.ora�coN . ... , z� �� COMtiRlS�;ON f+f0.393f�3 ., .. � . Nt�7"I'I�RY PL�1fLIC: — ORTCrOP�I llate tit��•Commissi�on�xpires LEGAL DESCRIPTIaN 1'E�ItC:�;L II CJ�E"F'HI�Ir�ND llL:SCRTI3E:D TN C�'�SHINGTC:)N<:C>tiNT'1`U�f"�D DC)CLJ��I�F,NT\l0.20�18- 043994,1,UCATEll 1N'TE-iE S\V 1/4()C"SECTIUN 3,T2S,Rt�Y�,W1LL.r1�1�7T��IERiC71AN,Itv TI-iE:CITY C)T' TIGARI7,�`UASHINGTC�N CC)L1NTY,C)REGC)N,ANll MURI:PART1Ci!L.�1RLY DESC12I13EU AS FC)L1.OWS: I3k3G1NNTNC= AT A 3/4" TRC)N Pli'I: AT TFIE SUL�THI�.�S"1' (:(1RNf:K OF PARCEL lI OC� THL L.r1ND D�SCW33FD IN DC)(:U\4E\T NO. 2(�8-04399�, ON TH� ��'E:ST I..INE Qf' TH� L.r�Nll DE:SCRISEU IN l�'ASMINC;TON C;(JL)NTY' 1�EED ItECORDS BOOK 108, PAGE 1G2, AND UN THE NORTH RIG}-tT-UF- WAY LIN� OF S�X' GAARDE STREET, SAID I'OINT BT�.AIZS S89°41'(?0"1�', 417A5 ��:T 1iND NO()°29'S2"E, 2Q.00 FI�T:T I�ROh9 A 2" BI2ASS DISk �1T THE SOt3TF{ 1/4 CORiVT�.R 01' SEC.TION 3, 1'25, R1\K', WILLADIETTE: MERllllr\N; THENC�. S$�)°4]'OCl"�ti' ALQNG THE SOliTH I.INk� OF SAID I'ARC3:1. 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Anthony Cemetery, Lot 25103CD03400 Number Common Name Botanical Name DBH(20d$} Comrnents 1 Coast Redwood Sequoia ser►rpervlrens 46 2 stems: 32, 33 2 Douglas Fir Pseudoisuga menziesii 35 3 lapanese Flowering Cherry Prunvs serrulatv 5 Note: In photn,trees�isible on along east boundary are in the adjacent lot. 1/7;2009 �.' CITY OF TIGARD ` �:,�.��E�M 13125 SW Hall Blvd. ' � Tigard,OR 97223 (503)639-4171 Conditions Associated With Case #: CUP2007-00005 Project Name: ST. ANTHONY CHURCH CEMETERY CURRENT STATUS UPDATED # DESCRIPTiON STATUS* DATE BY DATE BY 1 RECORD l�REE DEED RESTRICTION M I,'7;2009 EAE 1r7i2009 CAC 1. Prior to receiving a PFI Permit,the applicant/owner shall record a deed restriction to the effect that any existing tree greater than 6"diameter may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid for any tree preserved in accordance with this decision that either dies or is removed as a hazardous tree. 2 TREE PROTECTION PLAN M EAE 10/21/2008 TEP 2. Prior to receiving a PFI Permit,the applicant's arborist shall prepare a protection program that addresses tree protection both during fence installation and after the site becomes a cemetery(i.e.,where burials can occur and what rype of landscaping is appropriate near existing trees). 3 APPROVED STREET TREE PLAN N EAE 3/]8/2008 MSB 3. If the applicant chooses to modify the species of street trees,the applicant shall submit a revised street tree plan indicating the tree type(s)and any changes in spacing. The applicant shall utilize tree species identified on the Ciry's approved street tree list. 4 SHOW VISUAL CLEAR TRIANGLE N EAE 3/18/2008 MSB 4. Prior to receiving a PFI Permit,the applicant shall revise the site plan to show a visual clearance triangle for the proposed accesses on SW Gaarde Street,meeting the visual clearance standards for driveways on an arterial. 5 PFI REQUIRED M 9/23/2008 KSM 9/23/2008 MSB 5. A Public Facility Improvement(PFI)permit is required for this project to cover modification of the existing driveway to right-in/right-out only access and any other work in the public right-of-way. Three(3)sets of detailed public improvement plans shall be submitted for review to the Engineering Department.NOTE:these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement(PFI)permit plans shall conform to City of Tigard Public Improvement Design Standards,which are available at City Hall and the Ciry's web page(www.tigard-or.gov). 6 EXACT LEGAL NAME ON PFI M 9/23/2008 KSM 9/23/2008 MSB 6. The PFI permit plan submittal shall include the exact legal name,address and telephone number of the individual or corporate entity who will be designated as the "Permittee",and who will provide the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC,etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department wi(l delay processing of project documents. 7 R[GHT-IN/RIGHT-OUT MOVEMENTS N KSM 3/20/2008 MSB 7. The applicant shall modify the existing driveway on Tax Lot 2S103CD03300(between SW 115th and 1 17th Avenues) allow right-in/right-out movements only. This right-in/right-out movement shall be accomplished with proper signage and the construction of a raised pork chop style median. 8 MODIFY FENCING&VEGETATION N KSM 3/20/2008 MSB 8. The applicant shall modify the fencing and vegetation as necessary to obtain adequate sight distance at the existing driveway on tax lot 2S103CD3400 at Gaarde/SW 117th Avenue. This driveway can be used for full ingress/egress movements upon completion of the modifications required to meet sight distance.The applicant's engineer shall provide a final sight distance certification upon completion of modifications to the vegetation and fencing. 9 STREET TREES INSTALLED PER PLAN N KSM 3/20/2008 MSB 9. The applicant shall install street trees that meet the size and spacing standards of the TDC along the Gaarde Street frontage of the 1.S-acre site,tax lot 2S 103CD3400.The tree species shall be consistent with the City's approved street tree list. 10 COMPLETE WORK IN ROW N KSM 3/20/2008 MSB ]0. The applicant shall complete any work in the public right-of-way and obtain approval from the Engineering Department. 11 DED[CATE ROW ALONG GAARDE N KSM 3/20/2008 MSB 11. Additional right-of-way shall be dedicated to the Public along the Gaarde Street frontage of the 1.5-acre site,tax lot Ping-CaseConditions.rpt Page 1 of 2 ��C;�r�!�� `�A N E"' A1 Tabayoyon C(TY nt_. C�r �;;. ' St. Anthony Catholic Cemetery 9905 SW McKenzie Street Tigard, OR 97223 ' City of Tigard, Oregon 13125 SW Hall Blvd. January 7, 2009 Tigard, OR 97223 _ . _ _. City of Tigard, As required for CUP 2007-00005 for the St. Anthony Catholic Cen�etery, att7ched is a copy of the Tree Restrictive Covenant Deed Restriction (3 pages) ihat wc�s recorded with Washington County, Oregon. If you have any questions, feel free to call me on my cell phone (503)330-8402 or via email: al@tabayoyon.net. Thank you, �/ � _ _ _ AlTabayoyon Cemetery Boar St. Anthony Catholic Cemetery 12/11/2008 ��,� wasning[on uouncy,�regon 2008-098423 G1 . 12l1212008 02:34:45 PM � ` �� L' Cnt=1 Stn=9 C TOMPKINS , ` 5" $5.00 511.00 51.00-Total=$32.00 ��. � � r�ttcr Rc'c��rc�int*�cn�j i\ Cc>�} 'I'u: 01312925200800984230030033 S'1'. 1�N�T'HC)N1"S C:1�'I'HOI IC (:f-:�11��:'t'l�,lZ1' i R��r�a�aHOO�r�i�ni.o��to�arn::.�3m�ni��a • Taxation and EM•OTcio Count Clerk 1or W�fhinpton j�. ��5 5�^� i`'�C�CA"l.l��itreet County.Oroyon,do hereby t n�ry th�!th�within -�-�y Ti�,rard (?R 97223 mstrument of writiny wa:recew�d and neord�d in the � (�?+�.��.� �� + book oT rttordt Of O�id cou�(f °'{ , �� .r��-�� Y f�C�+�t,p,�,� Richard Hab�mitht,Director of Asaasment�nd FIIC NO.: Tsxation,Ex�ORicro County CI�rM � '� TREE RESTRICTIVE COVEN.ANT DEED RESTRICTiON Declarant is the awner of prapern� describcci as I'e'1R(;'t;l�, ii i)I� '!'1-lli 1..1\ll �?ESC:RIBED II� ��.�1SHINCJ`i'UN C()L'NT1' ll3:;t;ll l:)(:)CL'1�ICN"1 IvO. 20()8-(143994. I.(:)CA'i'}?D TN Tf-I}�' 5�� 114 O� ;iF,t"I'IC>N 3, "T2S, Etl�� 1��'II..i.Alll�;`i'f"F, IiF.RII�fA?�. 1�1 '1 H�f� CI"[�' t)F" T1C��RD. V��'r�SNING'T"C)N CC�L1N'I'1', C)RF•:GC)�i�. 51�.F:: �1'T"i'�1(:f-fl?I� l.}��.Gr'�1. llT�?SCRII'"I'IC)I�. llcclarant has presen•cd ax ret:�ined the thrcc c�isri��}; trees of 6 inch ciiameter breast heiKhr or grearer over and aerc�ss parti�ns c.>f said property in accordanee cvith nc� Cin� of Ti�arel Condirions of Ap�ro�=al docwncnts CUP 2007-1)0005 uiil �`AR 2C1O�3-�QOOL Any such exisung presen�cd or ret�ine�i tree ovcr G inch ciiameter breast height ma��tae removed onl��if the tree dies or is hazarcious according to a cerrified arborisr. This decd restriction rnay be rcmo�ed or �vill be considereci in�•alid if all trees preservc�d in accordance with this section shoulc3 cither die or bc removed as har.cirdc�us. "1"HIS AGRi:L:�11�.N'1' shall l�e decmed a Cc�venant runnin�; with the land and is binciing upon the o�vners of properr}' described as PARC;1:1. 1T OF= "I'HE LAND DI?SCRIBI.:D IN �X�'AS��{ING'1'C�N C4UN'i'Y U�.l�:17 DQt:L�-iF.i�T Nt), 2OOf�-t)43994. LC�)CA"I'LD IN 'T}I1�, 5��' i la C)f� SrC'I'rc)N 3, T2S, R1\�°. �wr1.1.A1��i,�['�rt�; t�4t?R1I,�1r�N. IN �I'�Ir ClT"4' or �I'TC�r1Kn, 1�'nSFi1NG'I'OI� CC)L`NT1',ORF.C�;(_)N, and ehtir successor� �ncl�ssi�ns. IN V{�'1`I'NESS"t�l~{L:REC)I�, d1� Declarant has csecuteci this a�,*rc�inent<>n thac date and year set forth below. Dt?CI.t1.Rr1N'T': j t�-�.,c__.. � v�Cem l�2�` � , �'�g UAT� S"1 A'1'L OF ORL:CGON, C�)UNTY OF��'ASHII�C.�TC)N� 'I'his.�ncnt was acknc�wleci�ed befc�re me by � ___ 3, �g _ r �.____._ T.,_______________.. .��y G�?cu��se� ��A1ri�`t'Tc R9 G�NT WY t � M(77AAY Pt1E�'tC,-0R�,p� .. _.. _. �,� COMt�SiS';�7�!t10.393603 � ,,.. NOTARY PUBLIC —(�REGON Datc biy Coimnission Expires LEGAL DESCRIPTION PAACEL 1I OF THL:L.r1ND DESCRIBED IN\ti`ASF{1NGTC.)N CUUNTY D�t:D DC)CU�91:N'I'NU.2(xl8- (M3994,LOCATEU IN'TH�:S�V 1/4 Of SECTION 3,T2S,Rl1�t�,Vt'ILL.r1�1E'ITE AiE:RIDiA�,IN THI:Cl'IY C)F TIGARD,WASHINGTON C()UNTY,C)REGC)N,r1iVll 1�10RL•:I'ARTICUUIRLY DGSCRII3EU t1S PO1.L()1�(-'S: I3EGTNNING AT A 3/4" [RC)N T']PE; r�T THI? S(al'THF.AS't' (;ORNtiK C)P PARCEL 11 C)i� TFIt: 1.ANU DE�:SCKIf3ED IN DOCL)N9�i�T NC). 2008-043994, ON TI3�: AYIiST LINF; C)[� THE l.r�ivl� D}:S(:It113ED IN 11�'ASF-IINC�TC)N COUN"I'Y" 1)�:k:ll REC(�RL7S F3t,)C)K lUb, PAGE 1G2, AND t)N TF�I�; NC)R"T"H R1GFiT-(J[�- �r�Y LINE CJF S�'{� G11t1RUE? STttt:�.l^.T, SAII� POINT BI:?11liS S89°41'llO"��', 417.Q$ FEET r�ND N(H>°29'S2"E:, 2U.0� F�I::1�:'T I�R(")�f A 2" B1t�155 DISK AT 'I'HE S(JUTF�i 1/4 C:ORN1'.?R OI� 4E',CT(()N 3, T2S, R1W, Vv'ILt.AbiF..TTi? �'�Tf;I2�C1)Cr1N; TI-lF3NC:t� S89°41'1�"W i11.,ON(; TH� S(�UTH i,INFti OF S,11D PARCf�.1. II C)C� THE 1�Ai��D DE:SC:RIBF't� IN IllC1CU��fEN7' iVO. 2(H)8-0��3994 AND SAIf7 NORTti R1Gf�i'I'-C.)F-1k'AY L1NE, 1bS.G5 Cl:E:T TC) J1 �/8" IR()N REI3AR ��'I'T'H YELLC)�X� PLAS'I"IC CAP INSCRI[3ED "RA) I..S 2725" ,1T TFIE3 SOt,�TH1l'�5T C(:)AN}?R OI� SA1D t'AIt(;I:[. li r�ND THE SOU'I'H�.r1ST CORNER OP TI��[�. 1_AND DE:SCRIBED IN DOCUI�4�N"T Nt). 97022G12, SAID PC)INT 13L;AK5 N89°41'UlY't:, 2U51.58 PEL:T' �1Nll N[►p°2�P52"E;, 20.(Xl I�Ei1?.T flti)1i A 3-1/2" ALUDi1NU�'�i DISI: AT THE SOli"1'FRti'GST COR�\il�R 01� SAIU SEt:TIC)iv 3;THENCE N00°29'S2"E ALOtiG THE�\TST LINE:OP SAIU PARC�::i. [I r1ND THE EAST LINE C)F THE LAND DESCRIt3F.D IN DC3CL1h1E?NT NC). 97022612, 397.43 PEET; THFNCE N89°40'SS'E, iG�.GS F}_:ET TO THE Er1ST I.INIi C)t� SAID I?aRCEI. 11;THENC6 S00°29'S2"��', 39?.4:3 I'EL'T TO Tf�E PO1NT(>l� SEGINNING. .: ��... . . � �� a� ��ti .- � F:< �� .r� � ��, �� . .:� �� <�. . . ,.,. , ,. . . � � , a., �. � .,. , � . ., � � � �; � � � � � �y � . r� F. , . � � �_ ,. � � ��.. �. � � �.� �' '; �� , �°� _ � �� i F � s { ri, . . . . ��'+�..y � ��. �� F � ^ ,�° .��.� � �� '^, �*. ._ .. � � .. �� , 4,. < �� t ,� , �� - , � � � . w , � .. , .`.: : � . � . .. �. . � � �e.. ��q�x �� . �� . � ^ � '.��., ... ... .F P�. �� t. . �;� � �y.;...� :iti��" ��.4 �. � . . �-. yQy�� . . �� < �� .. ... �� .. �. x V�. �# g`� . , _ ... �. ., .. o`.� y 4 � � � � . . � .,. � � 1 t � � t�e Rs.. .g,� ' .:^ - . .�� .... �fg+a� o . � � # Pd a r � � � , , , a f +" � � �li�w. rik�adfl: ��. 9 t �a _ �LT�; ,.�y. .. ' � �� ,+� ��} . � �� t1R�'�' �� " �� ye s �.�-'-+'++� � �.� a � � '�c �„�,�� '� � � e��,�w"�� t.�. ��`� • �+ �4 - . .. .. ".. < ,'� ; �, �. .,, s�.- �. -` Y �.. � '. � �, � �... ° �'. � . . . . -��. .eF . ., s ,f „ St. Anthony Cemetery, Lot 2S303CD03400 Number Common Name Botanical Name DBH{�008} Comments 1 Coast Redwood Sequoia sempervirens 46 2 stems: 32, 33 2 Douglas Fir Pseudotsuga menziesii 35 3 Japanese Flowering Cherry Prunus serrulata 5 Nate: In photo,trees visible on along east boundary are in the adjacent lot. `� r�lisllsi; . ST. ANTHONY CATHOLIC CEMETARY 11585 SW GAARDE ST. 8-21-08 TREE PROTECTION PLAN For Tax Lot 34�0 Prepared For St. Anthony Parish 9905 SW McKenzie St. Tigard, OR 97223 {503)639-4179 Res�tiential anq LummerCia� Spr�y:n�;•Fern��zmq•Piumng•I,a��clscape Instalsatror��LanUscdpe Mafntenance•Consulta[�on MEMBER: Tree l'are industry AssociaUOn•tncernatronal 5oc�ety ot Arboritulture•Oregon Landscape Contractors Assac. State LKensed T►ee Serv�ce x62635•Landscape Contractor tt5659•Chemlcal Applicat+on�OQ0231•InsureQ P.O. Box 1566•Lake Oswego, OR 97035•503-635-3165•Vantouver360-737-2646•Fax 503-635•1544 Vis�f our webs�te et www.tclu.tom.E-maiL ir►fo�Oclu.tom - �� ` Ullttli�i` CONTENTS Summary...................................... ...........................................................1 Tree Protectian Check List................................................................................3 � � i � nlimitr'�� ARBORIST REPORT Nature of the Report: Tree Protection P1an Address of the Report: St. Anthony Cathloic Cemetery Tox Lot 3400 11585 Gaarde St. Tigard, Oregan Date of the Report: August 21, 2008 Report Submitted To: AI Tabayoyon St Anthony Parish 9905 SW McKenzie St. Tigard, OR 97223 Summsry I have visited the site and reviewed development plans. Since the scope of the projeci only includes the installation of a perimeter fence and no other improvements, a drawing detailing tree protection will not be included. The Tree Protection Plan fncludes the foilowing requfrements and the items indicated in the attached check list. Prior to Fence Instatlstion 1. Plan fence post locations to be as far as possible from trees near proposed fence IoCation. 2. Hold a pre-cons[ruction meettng including the owner, Lhe co�tractor and the project arborist to�eview t�ee protection measures. 3. When digging post holes within 10 feet of any tree on site, manually probe for roots prior to digging with power equipment. If roo[s are encountered, try to reposition the hole to avoid roots larger than 2 inches in diameter. 4. Avoid placing concrete directly on roots larger tharv 2 inehes in diame[er. Also avaid placing conCrete ma[erials on tree tninks. 5. Do not wash out co�crete or clean equipment within drip Iines of tree canoples on site. Avoid washing out concrete equipment where runoff could travel under the drip Iine of any tree. 6. Do not store materials or equipment under the drip line of any tree on site. 7. If roots larger than 3° in diameter are encountered while digging post holes or gradi�g . for fence Ilne dearance, call in the I.S.A. Certified Pro}ed Arboris[to evaluate prior to proceeding. After Fence I�stallatio� 1. Mainta�n a tree circle around aU trees larger than 6"DBH to protect from mower damage. Tree circles should extend at least 1 foot beyond the maximum root flair at finish grade around the trees. Tree circles may be finished with a 3 inch deep layer of bark mulch or may be planted with ground covers or shrubs. 2. Avoid locating irrigation sprinkler heads in positions that throw water against tree irunks, 3. Excavation for grave locations should not occur within the drip line of trees with a canopy radius spread less than 2� feet. Larger trees with a canopy sp�ead greater than 20 feet of radius may have grave excavations under the drip line of the tree but not closer than 20 feet From face of trunk. Page 1 Sincerely, � � Ka i on Ce ified ArboriSt PN0409A Tree Care &landscapes Unlimited, inc. Page 2 Tree Protection Plan REVISED 7/27i05 SITE ADDRESS 11585 Sw Gaar�e St., Tox t�ot 3400. Foilow the below listed instructions in order to provide the proper protection before, durfng and after construction for tree all protected trees on site. I. Be�ore Con��jQn,;, Apg� Non-App. X J a. Ident�fy and number the trees to be protected, verify by mapping and/or tagging and note their site in D.B.H. (Diameter at Breast Height), �ariety, health and structural conditions, review plans. X o b. Gheck w�th local government agendes for tree protection ordinances. X c� c. Remove any low limbs that may be in the way of construction equipment, and prune as needed to adhere NAA standards. X �_, d. Leave a protective covering on the soil, i.e., existlng groundcover or mulch. X �: e. Notify all other contractors that these trees are to be saved and protected. ❑ X f. Install a temporary 6' high metal na-climb fence to protect the trees and their root systems. Install tree protection sign on fence. Posts located ld' on center as a general rule. For every inch in diameter of the trunk (D.B.H.) allow up to 1 foot of radius from the trunk as the protected area. {Example: 24" D.B.H. = 24' radius of protected root system.) Ideally, we need to protect mare than the drip zone. The drip zone into the trunk is the support raots that hold the tree up. 'T'he roots from that drip zone out provide nutrition, water and oxygen. Try to avoid loss of more than 3U°/o of root on any one side. This allows same encroachment within the drip line. This should be determined on a case by case site conditions reviewed. (SEE ENCLOSED SITE PLAN) ❑ X g. Identify any insect or disease problems that may require treatment. O X h. Engineer and design proposed structures and construction to avoid root loss. Bridge type foundations can save major roots. ❑ X i. Design landscape islands and planting areas large enough to accommodate trees at maturiry. �� X j. Ptant the right tree in the right place. Avoid future confl�cts with bulldings and utilities. X ❑ k. Have an experienced Arborist review landscape plan to assure the right tree is planted in the right place and proposed changes don't kiU retained mature trees. ❑ X I. Consider tree removals adjacent to trees to be saved for wind retated stability concerns. Page 3 Aon. �on_A°o. U X m. Check for past and proposed grade and drainage changes, consider the effeds, o X n. Check trees for stability. ❑ X o. Remove all trees that would not survive the effeds of change. Remove all hazardous trees. X !:; p. Minimize environme�tai cfianges. II. Durina onstruction: X :::� a. Keep equipment off of the root system to avoid compaction. X U b. Keep equipment away from structure to prevent damage to trunk and limbs. X ❑ c. Don't aliow chemicals to be dumped on the ground near the tree, i.e., gasoline, dlesei, paint, herbitide, cleaner, thinners, etc. �� X d. Provide means of temporary irrigation if the project runs through the summer. X i e. If roots or limbs are cut or damaged, have them inspected by an ISA Certified Arborist and repaired or treated according to his/her recommendations. t_� X f. Protect the trees from excessive heat, i.e., equipment, paving and/or burning. X �3 g. Avoid trenching through the �oot systems, boring under them or hand digging tan save roots. X �t h. Contact the ISA Certified Arborist familiar with the site prior to and during any activlty within the drip zone or tree protection fencing for consultation. III. After Construction: X ❑ a. Carefully landscape the area under the tree, being careful of the roots and strudure. Use plankings that will live under the same conditions as that nf the tree. [:� X b. Provide insect and disease control, fertilization and pruning as needed or adhere to long-term protection plan if provided. X u c. Avoid direct irrigation spraying onto the trunk. The amount of irngation needed ta keep new plantings alive can often be enough to kill mature trees. X C� d. Do not cover existing roat systems with mare than 2"of soil. The more soil you add, the greater the chances of damaging the root system. � X e. Provide irrigation and/or d�ainage [o emulate pre-construction conditions. NOTE: This tree protection ptan identifres construction protection measures to prevent unwarranted tree loss. The identified measures Iimit the amount of earth disturbance surrounding the trees, and limit the removal of the tree's root systems. Due to the variation of every project, it is unlikely all of the above Identlfied measures can be practicably applied to each individual tree; nor is it Itkely each measure is necessa�y to retain ea�h tree. Prior to the beginning of tonstruction a meeting between a certified arborist and the necessary contractors will be held ta determine the approprfate level of protection for each tree, in relation to what work needs to be completed in the tree's vicinity. On site supervision by a certified arborist will be determined and supplied as necessary. Page 4 ��o �- -- o o�v� � G�� / ington County,Oregon 2009-001270 l � «�°��"� �„�8/2009 10:06:36 AM ��°"�'a i'� " ' � D-DD Cnt=1 Stn=9 C TOMPKINS RE7'URN RECORDED DOCO�IG`:T TO: � 510.00 55.00 511.00-Total=$28.00 CITY 11.4LL RCCOIiUS UI;PAR'f�9ENT, 1� �� h CITY OF TIGARD �0�,, II I IIIII III I III 1 RArcJ,OR,9723� rEB 2 3 IIIIIIII IIIIIIIIIIIIIII k.� II�IIIII�II F��,s:,; -/ 01318089200900012700020025 CORPORAT(ON C�T,N�IENG!^��"�'� � Riehard Ho6ernicht.Cirector ofAssessment and `-_° .. Taxadon antl Ex-OR�cw County Clerk for Washinpton �{ �r�� County,Orepon,do hereby certiry thet the wRhin ?�� C�r� �� Instrument of writinp wes rocsived antl rowrd�d In the �r-��.A"- ( ��7��v0,) book oi rewrdc of aald cour�y, �e— �� File�n. � �� 4 ,': Richerd Hcbamicht,Olnctor ofqssusment and �=-'<�-°'� " Tax�tlon,Ex-0Rfeio County Cl�rk "�" DCDICATION llE�D FOR ROAD OR STREET PURPOSES Space above reserved Jor 1Vnshrngton County Recordn�g n�for•rnntron St.Anthony Catholic Church, Tigard, Oregon Cemetery does hereby dedicate to the public a perpetual right-of-way for stccct, road,and utiliry purposes on, over, across, w�der. along, and within the following described real properties in Washington County,Oregon: Attached .F,xliibit"A" i c�iiave and io noia tiie auo��e-descril�ed and oedicated rignts unro tne�,ubiic torever for uses and purposes hereinabove stated. The grantors hereby covenant that they are the owner in fee simpic and thc propeiKy is free of all liens and encumbrances,they have good and legal right to grant their ri�ht nbuve-described,and thcy will pay al]taxes and assessments due and owing on the property. The true consideration for this conveyance is$0.00 . However,the actual consideration consists of or includes other property or value given or promised which is the whole consideration. IN WfTNESS WNCREOF, f hereunto set my hand on this 3 l5� day of 17�C�uhb�.v ,20�_. St. Anthony Catholic Church, Tigard, Oregon Cemetery ,f" �R� �i �� Name of Corporation Signa`ture 9905 SW McKenzie Street �u s t�rl f�v�Si.(4 nt Address i'itle Tigard, OR 97223 Signature Tax Statement Mailing Address�f�;�"e+•en,.r•o„�above) Titic � STATE OF OREGO�1 ) )ss. County of Washington ) This instrument was acknowledged be ore me on �E.[-E�"'�b��''3�, Z°�r (date)by �-�.S�f E �. �l E.� (name(s)of person s))as �c5 t��' ,�f r�tsi 4 k T (type of authority,e.g.,officer,trustee,etc.)of S`F- h�nthcn N 's'�-h�I�� C:.�1 t�v�• T,UGrU C:►'s�N�ti(name of party on beh�if of whom instrument was executed). � � ��— o C�m� tiY"y ') � - �E, OFFICIALSEAL 1�otary's Signature FRANCES L AVERY �' ��,y��r � �,�� NOTARY PUBUC•OREGON My Commission F.xpires:� �C� � COMMISSION N0.397465 MY COMMISSION EXPIRES SEPTEMBER 20,2009 Accepted on behalf of the City of Tigard this_�_�_..__day of_ eww� ,20�� _ Q. P -Q�.._._ City ' gineer EXHIBIT "A" LEGAL DESCRIPTION: RIGHT-OF-WAY DEDICATION PARCEL II OF THE LAND DESCRIBED IN DOCUMENT N0. 2008-043994, WASHINGTON COUNTY DEED RECORDS, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON JULY 31, 2008 PARCEL II aF THE LANO DESCRIBED IN WASHINGTON COUNTY DEED DOCUMENT N0. 2008-043994, LOCATED IN THE SW 1/4 OF SECTION 3, T2S, R1W, WILLAMETTE MERIDIAN, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 3/4" IRON PIPE AT THE SOUTHEAST CORNER OF PARCEL II OF THE LAND DESCRIBED IN DOCUMENT N0. 2008-043994, ON THE WEST LINE OF THE LAND DESCRIBED IN WASHINGTON COUNTY DEED RECORDS BOOK t08, PAGE 162, AND ON THE NORTH RIGHT-OF-WAY LINE OF SW GAARDE STREET, SAID POINT BEARS S89'41'00"W, 417.05 FEET AND N00'29'S2"E, 20.00 FEET FROM A 2" BRASS DISK AT THE SOUTH 1/4 CORNER OF SECTION 3, T2S, R1 W, WM; THENCE S89'41'00"W ALONG THE SOUTH LINE OF SAID PARCEL II OF THE LAND DESCRIBED IN DOCUMENT N0. 2�08-043994 ANO SAID NORTH RIGHT-OF-WAY LINE, 165.65 FEET TO A 5/8" IRON REBAR WITH YELLOW PLASTIC CAP INSCRIBED "RAJ LS 2725" AT THE SOUTHWEST CORNER OF SAID PARCEL II AND THE SOUTHEAST CORNER OF THE LAND DESCRIBED IN OOCUMENT N0. 97022612, SAID POINT BEARS N89'41'00"E, 2051.58 FEET AND N00'29'S2"E, 20.�0 FEET FROM A 3-1/2" ALUMINUM DISK AT THE SOUTHWEST CORNER OF SAID SECTION 3; THENCE N00'29'S2"E ALONG THE WEST LINE OF SAID PARCEL II AND THE EAST LINE OF THE LAND DESCRIBED IN DOCUMENT N0. 97022612, 9.00 FEET; THENCE N89'41'00"E, 165.65 FEET TO THE EAST LINE OF SAID PARCEL II; THENCE S00'29'52"W, 9.00 FEET TO THE POINT OF BEGINNING. THE LAND DESCRIBED A80VE CONTAINS 1491 SQUARE FEET, MORE OR LESS, AND IS SUBJECT TO AND TOGETHER WITH ALL EASEMENTS AND RESERVATIONS OF RECORD. "HOLLYTREE" LOT 13 LOT 12 LOT 7 N89'40'55"E, 165.65' N /� � � � � N c0 N N N � � r � `i. j.� W W E o � � � DOCUMENT N0. 2008-043994 � ^ � a z ^ o� °r�° rn3 S � !� a� "� "�z aa Z N M N O W � � � :'' RIGHT-OF-WAY DEDICATION o a o Z � 1491 SQUARE FEET 1 � m 3-1/2" � N89'41'00"E, 165.65' � POINT OF D I SKR A TS A�UMINUM --g.00' 9.00'--- f BEGINNING SOUTH 1 4 DISK AT SW 3/4" IRON PIPE � C O R N E R O F � i 2 0.0 0' S 8 9'4 1'0 0"W, 1 6 5.0 5' i / C O R N E R O F SECTION 3 • � 20.00' 20.00'--� . SECTION 3 2051.58' _____��__{____ 165.65' - 417.05' .��----------�-- , ------------�- ---------�----_�• N89'41 00 E 2634 28 - ------ -- -- SW GAARDE ST � --� OLD ROAD CENTERLINE 0 o NEW ROAD CENTERLINE b o 0 o PER SURVEY N0. 30,047 0 0 m oo ao rn "' "' LEGEND O MONUMENT SET IN COUNTY SURVEY NUMBER 27,716, 5/8" REGISTERED „ , IRON REBAR WITH YELLOW PLASTIC PROFESSIONAL SCALE 1 =50 CAP INSCRIBED "RAJ LS 2725" LAND SURVEYOR so' ao' 30' 20' �o' 0 50' � FOUNO MONUMENT, DESCRIBED �. ❑ CALCULATED POINT, NO MONUMENT ORE N JULY 25, 1995 JOHNSON LANO SURl�7�'NG, /NC. ROBERT ALAN JOHNSON #272g 10185 SW HOODVIEW OR, TIGARD, OR 97224 EXPIRES 6/30/09 (503)639-7919, FAX(503)670-9050 jsurvey�verizon.net 11 i y"� � ' ' Request to Record a Document From: Diane Jelderks Date: 1/25/09 Department: CD Account #: yours (if not from general Records Ext.: 2465 account) Clerk's Index Search Words Does your document contain the following items? ❑Address (If applicable) �Owner(s)/Company ❑Tax Lot (If applicable) ❑File No. ❑Location (If no address or tax lot) �Document Type (Dedication Deed/Utility Easement, etc.) If the items listed above are not evident in the document, please include these items in the spaces below, along with any additional Clerk's Index Search Words you would like to use. Cemetery Gaarde Street & 115`h Ave Comrnents: This document is bein� re-recorded as the dedication was not accepted by the City En�ineer. � � � •• •� FOR RECORDS STAFF USE ONLY '� � • � • Date to Count : Date Returned: Estimated Cost: Entered CI: Actual Cost: Co ies Distributed: Recordin #: Labeled & Filed: Return Recorded Document to: City of Tigard - Records Department 13125 SW Hall Slvd Tigard, ORE 97223 NO CHANGE IN TAX STATEMENT �� . � ' � COVER PAGE to RE-RECORD 2009-001270 Name of Transaction: Dedication Deed for Road or Street Purposes Name of Person (Grantor, Grantee, etc.): Grantor: St Anthony Church - Ti�ard, Ore�on - Cemetery Grantee: Public The True Consideration for this conveyance is: -0 - Document 2009-00127d is being re-recorded to include the acceptance of the document by the City Engineer for the City of Tigard. . ! Cheryl Caines From: Cheryl Caines Sent: Monday, July 20, 2009 5:28 PM To: 'Brad Albert' Subject: RE: St Anthony's Catholic Cemetery CUP 2007-00005 Attachments: D00072009.pdf Brad, Attached please find the staff report referring to the Vision Clearance areas: see top of page, Arterial Streets. It looks like Emily was asking that the VC area be shown on the site plan with 35 feet in each direction as is required for arterials. Let me know if this doesn't make sense. Cheryl -----Original Message----- From: Brad Albert [mailto:ba56us@yahoo.com] Sent: Monday, July 20, 2009 7:07 AM To: Cheryl Caines Subject: RE: St Anthony's Catholic Cemetery CUP 2007-00005 Hi Cheryl, I could not use the document you sent to insert the responses. I made up a separate response letter and numbered them the same as the conditions. I had a question about the vision clearance triangles that need to be revised for the west driveway. I know we talked about it last summer but I can't remember. The original triangles are shown from the center of the driveway to 30 feet in both the east and west direction like the diagram in the code. The triangles are taken from the right of way on SW Gaarde Street. What piece of the diagram was incorrect? Please give me a call so we can discuss the changes that need to be made. Thanks for your help, Brad Albert 503-705-1044 --- On Fri, 1/30/09, Cheryl Caines <cherylc(a)ti�ard-or.gov> wrote: > From: Cheryl Caines <cherylc@tigard-or.gov> > Subject: RE: St Anthony's Catholic Cemetery CUP 2007-00005 > To: " 'ba56us@yahoo.com"' <ba56us@yahoo.com> > Date: Friday, January 30, 2009, 9:02 AM > Brad, > > Attached are the conditions from the Final Order. > Please let me know if you need anything else. > > Cheryl > > -----Original Message----- > From: Brad Albert [mailto:ba56us@yahoo.com] > > Sent: Thursday, 7anuary 29, 2009 7:59 PM > To: Cheryl Caines > Subject: St Anthony's Catholic Cemetery CUP 2007-00005 > 1 ' . . > Hi Cheryl, > I was wondering if you could send me the conditions of > approval in word format so I could respond to the conditions > for final review. Please let me know if you can email > them to me or if I need to retype them for my responses. > Thank you, > Brad Albert, PE > 503-705-1044 > > > > > > > 2 . . � ° � �� " zD a g�- ooD4 l � t,��a� - ��v7 July 19, 2009 �Gut.(' �--�3 �"'��,1�' � �� UG 0 4 2009 City of Tigard CD—Planning Department {,�'`!�F T�rARD 13125 SW Hall Blvd., Tigard, OR 97223 ` `-�"`�' � � "at:ERI�iG 503-b39-4171 Fax: 503-624-0752 http:�;��.ti�ard-<�r.bo�� Attn: Cheryl Caines � RE: St. Anthony's Catholic Cemetery—Responses to Conditions of Approval Casefile # CUP 2007-00005 and VAR 2008-00001 � . . . rI� The followmg are responses to the condrtions of approval dated March 7, 2008. The �J � responses show how the applicant met the conditions of approval. 1 1. The applicant recorded a deed restriction to the effect that any existing tree greater than 6"diameter may be removed only if the tree dies or is hazardous according to a certified arborist. This condition of approval has been met. 2. The applicant's arborist did prepare a protection program that addresses tree v protection both during fence installation and after the site becomes a cemetery. The City Arborist approved the protection program. This condition of approval has been met. 3. The applicant planted street trees in accordance with the City's approved street tree � list. This condition of approval has been met. 4. The applicant revised the site plan to show�visual clearance triangle for the proposed accesses on SW Gaarde Street,meeting the visual clearance standards for driveways on � an arterial. The visual cleazance triangles were shown on the east driveway, but the east driveway did not have a new fence constructed with this project. If or when a new fence needs to be constructed at the east driveway access, the new fence will be constructed to meet the vision clearance standards. This condition of approval has been met. / �la� ,p�v��lec� w;f'1ti 35' .F.ti... tZ.v� I:n2 . �.,I� ►�.¢,t.ds -�-� ht 3v` oK- ChG j� 5. The applicant obtamed a PFI permit to construct the median m S W Gaarde Street. The design and construction was approved by the City of Tigard. This condition of approval has been met. 6. The applicant obtained a PFI permit to construct the median in SW Gaarde Street, �� which contained the legal name, address, and phone number of the"Permittee". The design and construction was approved by the City of Tigard. This condition of approval has been met. 7. The applicant did not modify the east driveway. The applicant constructed a median � in SW Gaarde Street to prevent left turns in and out of the east driveway. This design was approved by the City of Tigard. This condition of approval has been met. . . , . • .► 8. The applicant modified fencing and vegetation along SW Gaarde Street to obtain the �. adequate sight distance required for the existing driveway on tax lot 2S 103CD3400. The applicant's engineer has submitted a final sight distance certification for the driveway access. This condition of approval has been met. 9. The applicant installed street trees in accordance with the approved City of Tigard �. street tree list. The City Arborist has approved the size, spacing, and location of the trees. T is condition of approval has been met. p �I a v� wcw s�.b.-n�+�e.d a� a.ppr»vtd• Tr C e�r a.-c. p 1 ctr,.k�. Cu.�d��i o n •�e-�, 10. The applicant has completed all work in the public right-of-way and has received � �� approval from the Engineering Department. This condition of approval has been met. 1 l. Additional right-of-way has been dedicated to the City of Tigard along the SW I, T Gaarde Street frontage, tax lot 2S103CD3400,to increase the right-of-way to 38 feet from centerline. This condition of approval has been met. 12. The applicant executed a Restrictive Covenant, whereby they agree to complete or / � � participate in the future improvements of SW Gaarde Street adjacent to the subject property. This condition of approval has been met. 13. The applicant's engineer provided fmal sight distance certifications for both accesses / v ' on SW Gaarde Street after sight distance obstructions were removed. This condition of approval has been met. The applicant has met all conditions of approval for this project. The project should be deemed complete and final. Bradley S. Albert, P.E. 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RE: St. Anthony's Catholic Cemetery—Sight Distance Certification Casefile # CUP 2007-00005 The access for this proposal is located approximately 150 feet west of the site's east property line, onto SW Gaarde Street. The speed limit along SW Gaarde Street is 35 M.P.H., based on the posted speed limit,requiring 350 feet of sight distance in the east direction only since this is a right in, right out access, in accordance with Tigard Development Code Section 18.705.030.H.1. As required by Code Sections 18.'705.030.H.1, sight distance from the access to SW Gaarde Street was measured to be 400 feet to the east of the access. The Code Section requires that measurements be based on an eye height of 3.5 feet and an object height of 4.25 feet above the road; and be assumed to be 10 feet from the fogline to the front of the stopped vehicle, (actual measurement is taken 15 feet from the fogline). In conclusion, I hereby certify that the intersection sight distance at the proposed west access for St. Anthony's Catholic Cemetery conforms to the requirements for sight distance as set forth in the Tigard Development Code. Bradley S. Albert, P.E. ,�t��D PROFFs �`� ��,pINF��f'�o � 706 SP � � �OR G � � � �� 14 40� l`� ��1' S. P�'� ExP�RES: � 3r zeo9 - � G��za� y �ood.� �� ' City o f Tigard - MEMORANDUM � � � TO: Albert Shields,Permit Coordinator �� ,�- ,�� 'r-->� FROM: Cheryl Caines,Associate Planner ` � � �"� �`� �s � �a'.JG � �J 2�09 RE: St.Anthony's Cemetery�Expansion ^p� /�, y "`. �. ��.�4�H �I�'>.f.iL�`.i�� DATE: ?�ugust 19, 2009 ��Y„<. ;; _�_, , ,. r�ttached is an updated condirions list for the St. Anthony's cemetery (as of 8/11/09). A letter showing how each condition is met was submitted by the applicant's representative on 8/4/09. As you can see there are several Engineering condirions showing as "Applied." I tried to update the Planning condirions;unfortunately r,ccela would not allow me to update condition #3. It calls for a � street tree plan. r� plan was not submitted,but the trees ha�-e been installed. Todd (City Arborist) and I have discussed the issue and we will not be requiring a plan submittal at this time. I entered a comment into r�ccela that the condition is met and have attached a copy of that comment. At this point, the Engineering conditions need to be cleaned up so we can close the case. Let me know if you have any questions or concerns. � ✓ � �, �� l �Q �� ,�1 � � � � �'��z�� oo� � ��G F�c�. C'�� . � q July 6, 2009 � �� 1 �� . '� l � '�� City of Tigard � �� auG o 4 2009 D—D v 1 � � C e e opment Engineering _: s.l i V,r-�,�. T�t�� '�.�`:°�rrr;.-..�,-•„ . 13125 SW Hall Blvd., Tigard, OR 97223 : . ,. ,,,:;��..,,., 503-639-4171 Fax: 503-624-0752 � � �"�'�`'�''`' http:;�i��.ti��u�d-ar.��o� Attn: Kim McMillan, P.E. RE: St. Anthony's Catholic Cemetery— Sight Distance Certification Casefile# CUP 2007-00005 The access for this proposal is located approximately 350 feet west of the site's east property line, onto SW Gaarde Street. The speed limit along SW Gaarde Street is 35 M.P.H., based on the posted speed limit, requiring 350 feet of sight distance in both directions, in accordance with Tigard Development Code Section 18.705.030.H.1. As required by Code Sections 18.705.030.H.1, sight distance from the access to SW Gaarde Street was measured to be 400 feet to the west of the access and 350 feet in the east direction. The Code Section requires that measurements be based on an eye height of 3.5 feet and an object height of 4.25 feet above the road; and be assumed to be 10 feet from the fogline to the front of the stopped vehicle, (actual measurement is taken 15 feet from the fogline). In conclusion, I hereby certify that the intersection sight distance at the proposed west access for St. Anthony's Catholic Cemetery conforms to the requirements for sight distance as set forth in the Tigard Development Code. Bradley S. Albert, P.E. `��t`F�G PN��Fs�/O � � '� � q� 70�95P OR GON �'pq��''e 14 ��Qi� t�y g, p.v EXPIRES: �z 3� 2co9 • . . � Albert Shields �� '�� '�� From: Albert Shields �� r � Sent: Monday, May 03, 2010 9:32 AM To: Gus Duenas; Mike White Cc: Albert Shields; Ron Bunch; Dick Bewersdorff Subject: Memo to file CUP2007-00005, Condition of Approval #12, Restrictive Covenant Per our discussions, treating the St. Anthony's Cemetery expansion as a Park for TDT purposes: Expansion was 1.5 acres. TDT this year would be $1,098, representing 16.8% of the Total Impact. Total Impact would be $6,536. No TIF or TDT was charged to the development. The size of the dedicated ROW was 1490.85 sq ft. Even at a low cost figure of$5 per sq ft the ROW dedication value of$7,454,35 exceeds the Total Impact. At the more conventional value of$10 per sq ft the value of the dedication is $14,908.50, more than double the estimated Total Impact. The purpose of the Restrictive Covenant required by Condition of Approval #12 for CUP2007-00005 is to provide for future mitigation of the impact of the development consistent with the requirements of TMC 18.810. 18.810.020.A provides that: "Applicants may be required to dedicate land and build required public improvements only when the required exaction is directly related to and roughly proportional to the impact of the development." We consider the exaction of the ROW dedication to have been roughly proportional to the impact of the devetopment and to have exhausted the Unmitigated Impact. Accordingly, we declare the Condition requiring Condition #12 requiring the restrictive covenant to be "Not Applicable." Please let me know if you disagree or have any questions. Albert Shields. �i.."�, �i.i��r�.. L-�-��i.� . .,..,i! ..� , _.... ,r._, :j .. iy . , ,�c .1 _.I i��j.i. . .... �.� _ .,,_. , .,� ... , .,. ..,. ....... .. .... ... .. .. . ........ . .. . . . 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 . ' C9iapter 18.810 STTt�L'Y':��dYT L;TILI'p'l'IlO�I'RO�1�'A�l�d'I'S'd'AINb�.�� Sections: 1�.810.010 Purpose 13.810.020 General �'rovisions I8.810.030 Streets 18.810.040 Blocks 18.810.050 Easemenfs ]�.810.060 Lots ]8.810.070 Sidew�alks 18.810.080 Public Use Areas 18.810.090 Sanitary Sewers 13.810.100 Stoi•m Drainage 18.810.110 $ikeways and Pedestrian �'athways 18.810.120 Utilities 18.810.130 Cash or Bond �2equired 18.810.140 Monuments 18.810.150 Installation Prerequisite 18.810.160 Installation Confoi•mation 18.810.1'70 Plan Check 18.810.180 Plotice to City 18.810.190 City Inspection 18.810.200 Engineer's Certification 18.810.210 Completion Requirements 18.810.010 �urpose A. Purpose. The purpose of this chapter is to provide construction standards for the implementation of public and private facilities and utilities such as streets, sewers,and drainage. 13.810.020 General Provisions A. When standards applY_ Unless other�aise provided, construction, reconstruction or repair of streets, sidewalks, curbs and other public improvements shall occur in accordance with the standards of this title. No development may occur and no land use application may be approved unless the public facilities related to development comply with the public facility requirements established in this section and adequate public facilities are available. .�pplicants maY be required to dedicate land a�id build required public improve.ments only ��lie.n the required exaction is directly related to and roughly proportional to the impact of the development. B. Standard spe.cifications. The City �ngineer shall establish standard specifications consistent with the application of engineering principles. C. Chapter 7.40 applies. The provision of Chapter 7.40 of the Tigard Municipal Code shall apply to this chapter. D. Adiustments. Adjustments to the provisions in this chapter related to street improvements may be Sfreet Utility Improvement Standa.rds 18.810-1 Code Update: 8/09 , Albert Shields From: Mike White Sent: Wednesday, April 28, 2010 1 1 :47 AM To: Albert Shields Subject: St. Anthony Cemetery Attachments: Mike White.vcf They gave 1,490.85 square feet. At $3.00 a foot it is $4,472.55 and of course at $10.00 it's $44,725.50. tti�like 1�"Jl�ite �'. _�r ._ _EX:_ �- _�_�S`_.. -_` _�..� ... �'1~ GL� �ISCLAIMER: E-maiis sent or rece�ved by City of Tigard employees are subjeci to public rec�rd laws. 11 requesie�i, e-rn��l 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