CUP2005-00002 120 DAYS =4/15/2006(Includes a 4day extension)
DATE OF FILING: 3/7/2006 „
-
-
CITY OF TIGARD � ' '
Washington County, Oregon
NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER
Case Numbers: CONDITIONAL USE PERMIT CUP 2005-00002
Case Name: RAINBOW PARK AND PLAYGROLJND
Name of Owiier: Donald L.&Marlene R H
Name of Applicant: Stan Nored Rainbow Park and Pla round Co.
Address of Applicant: 90496 H .99 N. Suite 2 E ene OR 97402
Address of Property: 9785 SW Shad Lane
Tax Ma /L.ot Nos.: Was ' on Co.Tax Assessor's Ma No. 1S135BD,Tax Lots 00200
A FINAL ORDER INCORPORATING TT�E FACTS, FINDINGS AND CONQ.U5ION5 APPROVING A
REOUEST FOR A CONDITIONAL USE. TI� QTY OF TTGARD HEARINGS OFFIC�R HAS REVIEWED
T� APPLICAN'I'S PLANS, NARRATTVE, MATERIALS, OOMIv1ENTS OF REVIEWING AGENQES, '1�
PLANI�IING DIVISIONS STAFF REPORT AND RECOMI��NDATTONS FOR THE APPLICATTON
DESQZIBED IN FURTHER DETAIL IN TI� STAFF REPORT. THE HEARINGS OFFIC�R HELD A PUBLIC
HEARING ON FEBRUARY 13. 2006 TO RECEIVE TESTTMONY REGARDING T�IIS APPLICATION. THIS
DEQSION HAS BEEN BASED ON '1� FACTS, FINDINGS AND GONQ.LJSIOIVS CONTAINED WITHIN
'1�IIS FINAL ORDER
Request ➢ The applicant requests Conditional Use Pernzit approval or the use o an existing commercial building on
a .44 acre site for retail sales of playground eguipment and the use of a portion of the outdoor area of the site for a
playground for use by the general public for fee. A conditional use permit is required to allow an outdoor
entertainment use in the N1ixed-Use Commercial zone. At the close of the record, the Hearings Officer conditionally
approved the request,subject to the conditions of approval within this final order.
Zone: MUC: Mixecl Use Commercial District A�Dlicable Review Criteria: Cos�unuruty Development Code Chapters 18.330,
18.360, 18.390, 18.520, 18.630, 18.705, 18.725, 18.745, 18.755, 18,765, 18.780, 18.790, 18.795 and 18.810.
Action: ➢ ❑ Approval as Requested 0 Approval with Conditions ❑ Denial
Notice: Notice was published in the newspaper and mailed to:
� Ow�ers of Record within the Required Distance ❑x Affected Government Agencies
� Interested Parties ❑x The Applicants and Owners
The adopted findings of fact and decision can be obtained from the Planning Division/CommunityDevelopment Department at
the City of Tigard City Hall.
Final Decision:
THIS DECISION IS FINAL ON MARCH 10, 2006 AND BECOMES
EFFECTIVE ON MARCH 25, 2006 UNLESS AN APPEAL IS FILED.
Appeal:
The decision of the Review Authority is final for pur�oses of appeal on the date that it u mailed. Any pany with standing as
provided in Section 18390.040.G.1. may a�peal th�s decision m accordance with Section 18.390.040.G.2. of the Tigard
Community Develo ment Code which provides that a written appeal together with the required fee shall be filed with the
Director wrthui ten �10) business days of the date the notice of the decision was mailed. The appeal fee schedule and forms are
available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard,Tigard,Oregon 97223.
THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON MARCH 24, 2006.
Questions: If you have any questions,please call the Ciry of Tigard Planning Division at (503� 639-4171.
. �
BEFORE THE LAND USE HEARINGS OFFICER
FOR THE CITY OF TIGARD, OREGON
Regarding an application by Stan Nored for a ) F I N A L O R D E R
conditional use permit for an outdoor commercial )
playground and retail sales in existing building ) CUP 2005-00002
at 9785 SW Shady Lane in the City of Tigard, Oregon) (Rainbow Park & Playground)
A. SUMMARY
1. The applicant, Stan Nored, requests approval of a conditional use permit (CUP)
to use an existing 2000 square foot commercial building for retail sales of playground
eq�aiY:::er.t �n�±he use of ar. a��roximately 8000 square fo�t outdeor area as a
playground for use by the general public on a fee basis. The 0.44-acre site is located in
the northeast quadrant of the intersection of SW Greenburg Road and SW Shady Lane, at
9785 SW Shady Lane; also known as tax lot 00200, WCTM 1 S 135DB (the "site"). The
site is zoned MUC (Mixed Use Commercial). The proposed indoor retail sales use is
pernutted in the MLJC zone. A conditional use permit is required for the proposed
outdoor commercial playground in the MUC zone.
2. City Hearings Officer Joe Turner(the "hearings officer") held a duly noticed
public hearing regarding the application. City staff recommended that the hearings officer
approve the CUP, subject to conditions. See the StaffReport to the Hearings Officer
dated February 6, 2006 (the "Staff Report"). The applicant's representative accepted the
findings and conditions of approvals recommended by City staff with certain exceptions.
No one else testified orally or in writing other than public agency staff. The principal
disputed issues in this case include the following:
a. Whether the applicant is required to plant street trees along the site's
Greenburg Road frontage;
b. Whether the applicant is required to obtain a sign permit to change the
existing signs on the site; and
c. Whether and to what extent the applicant is required to treat stormwater
runoff from the site.
3. For the reasons stated herein, the hearings officer approves the proposed use,
subject to the conditions at the end of this final order.
B. HEARING Al�TD RECORD HIGHLIGHTS
1. The hearings officer received testimony at the public hearing about this
application on February 13, 2006. All exhibits and records of testimony are filed with the
Tigard Department of Community Development. At the beginning of the hearing, the
hearings officer made the declaration required by ORS 197.763. The hearings officer
disclaimed any ex parte contacts, bias or conflicts of interest. The following is a
summary by the hearings officer of selected testimony offered at the public hearing in
this matter.
2. City planner Gary Pagenstecher summarized the Staff Report and responded to
issues raised by the applicant.
a. He argued that it is feasible to plant street trees along the site's
Greenburg Road frontage. The fill slope touches the northwest corner of the site,but
there are flat areas near the southwest corner, which can accommodate trees.
b. He testified that changes to the existing signs proposed by the applicant
may be exempt from sign permit requirements. However there is insufficient information
in the record to make that determination at this stage. He requested the hearings officer
modify condition 19 to require that the applicant obtain a sign permit or demonstrate that
any changes to the existing signs are exempt from permit requirements.
3. Planner Ed Murphy and property owner Stan Nored testified for the applicant.
a. Mr. Nored accepted the findings and conditions of approval in the Staff
Report with certain exceptions listed by Mr. Murphy.
b. Mr. Murphy argued that it is impractical to plant trees along the site's
Greenburg Road frontage. Greenburg Road is elevated above the site. The site's
"frontage" consists of a 1:1 slope with large rock boulders and fences at the top and
bottom of the slope.
i. He argued that condition 9 is unnecessary because the applicant
is not required to construct half-street improvements. All of the streets abutting the site
are fully improved to current City standards.
ii. He questioned why condition 11 requires a street addressing fee.
The site has an existing address.
iii. He argued that proposed changes to the face of the existing
signs on the site are exempt from sign permit requirements pursuant to TMC 18.780.060.
Therefore condition 19 should be deleted.
iv. He argued that the applicant should not be required to treat
stormwater runoff from the site. The proposed development will reduce the amount of
impervious surface area on this developed site. The cost of installing catch basin
stormfilters far exceeds the benefit and may preclude the proposed development. CWS
has waived the treatment requirement in other cases.
CUP 2005-00002 Hearings Officer Fina!Order
(Rainbow Park&Playground) Page 2
4. City Planning Manager Dick Bewersdorff noted that the Code requires that the
applicant plant street trees on all street frontages abutting the site unless the applicant
requests and the City approves a variance. He opined that CWS's regulations are not land
use standards subject to the hearings officer's review. They are public works standards,
subject to approval by the City engineer.
5. City engineer Kim McMillan testified that the City may have "retired"the
address of the site, in which case the applicant will be required to pay an address fee for a
new address. No fee is required if the existing site address remains valid.
a. She noted that the applicant is not required to construct half-street
improvements. However the development may require a PFI permit for other work in the
public right of way. She requested the hearings officer modify condition 9 to delete the
reference te "half-street improvements."
b. She noted that the City has an agreement with CWS to implement
CWS's regulations. However the City's regulations can be more restrictive than CWS's.
CWS has waived the stormwater treatment requirement in other cases where compliance
would require regarding the majority of the site. In this case the applicant is only required
to install filters in the existing catch basins on the site. The applicant is proposing to
"redevelop"the site as defined by CWS's regulations.
6. At the end of the hearing, the hearings officer ordered the public record held
open for one week for the applicant to address the stormwater treatment requirements.
The hearings officer held the record open for a second week to allow City staff to
respond to the applicant's submittal and for a third week for the applicant to submit a
final argument. During the open record period the applicant reached an agreement with
the City to replace one of the two existing catch basins. See the February 17, 20061etter
from Mr. Murphy and the February 21, 2006 email from Mr. Pagenstecher. Therefore the
record in this case closed at 5 PM on February 21, 2006.
C. DISCUSSION
l. City staff recommended that the hearings officer approve the application based
on findings and conclusions and subject to conditions of approval recommended in the
Staff Report as amended at the hearing and during the open record period. The applicant
accepted those conditions as amended, with certain exceptions. No one disputed the
findings in the Staff Report. The hearings officer agrees with those findings, conclusions
and conditions, and adopts the affirmative findings in the Staff Report as support for this
Final Order.
CUP 2005-00002 Hearings Off cer Final Order
(Rainbow Park&Playground) Page 3
2. The hearings officer finds that the applicant is required to plant street trees
along the site's Greenburg Road frontage. TDC 18.745.040 states that all development
projects fronting on a public street shall be required to plant street trees in accordance
with Section 18.745.040.C. The hearings officer has no authority to waive this
requirement except through the adjustment and variance provisions of TDC 18.370. The
applicant has no requested a variance application. Therefore the hearings officer must
impose a condition of approval requiring that the applicant plant street trees along the
site's Greenburg Road frontage.
3. The applicant proposed to utilize the existing pole sign in the northwest corner
of the property and the chimney sign on the existing building. The applicant argued that
he will only change the copy of the existing signs. Such changes are exempt from sign
permit requirements pursuant to TDC 18.780.060.C. The hearings officer finds that there
is insufficient evidence in the record to determine whether the planned sign changes fall
within the limited exemption standards of TDC 18.780.060.C. Therefore the applicant
obtain a sign permit or demonstrate that the proposed changes are exempt from permit
requirements. Condition 19 should be modified to that effect.
4. During the open record period the applicant proposed to replace the eastern
catch basin on the site with a stormfilter catch basin. See the February 17, 20061etter
from Mr. Murphy. Ms. McMillan accepted the proposed change. See the February 21,
2006 email from Mr. Pagenstecher to the hearings officer. The hearings officer finds that
the proposed treatment is adequate to comply with CWS requirements, based on Ms.
McMillan's expert opinion. Condition of approval 13 should be modified to that effect.
D. CONCLUSIONS
The hearings officer concludes that the proposed conditional use permit does or
can comply with the applicable approval criteria and standards of the Tigard Community
Development Code, provided development that occurs after this decision complies with
applicable local, state, and federal laws and with conditions of approval warranted to
ensure such compliance occurs. Therefore the application should be approved subject to
such conditions.
E.DECISION
In recognition of the findings and conclusions contained herein, and incorporating
the Staff Report and public testimony and exhibits received in this matter, the hearings
officer hereby approves CUP 2005-00002 (Rainbow Park& Playground), subject to the
following conditions of approval:
CUP 1005-00002 Hearings Officer Final Order
(Rainbow Park&Playground) Page 4
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO ISSUANCE OF THE SITE AND/OR BUILDING PERMITS:
The applicant shall prepare a cover letter and submit it, along with any supporting
documents and/or plans that address the following requirements to the CURRENT
PLAN1vING DNISION, ATTN: Gary Pagenstecher 503-639-4171, EXT 2434. The
cover letter shall clearly identify where in the submittal the required information is
found:
1. Prior to issuance of building permits, the applicant shall submit a lighting plan for
the entire project site.
2. Prior to the issuance of building permits, the applicant shall submit a revised site
plan showing the visual clearance triangle for the intersection of the driveway and
SW Shady Lane.
3. Prior to the issuance of building permits, the applicant shall submit a revised site
plan including wheel stops as required by the TDC Chapter 18.765.
4. Prior to the issuance of building permits, the applicant shall submit a revised site
plan that includes two bicycle parkmg spaces that are designed and constructed to
the standards that are identified in TDC Section 18.765.050.
5. The applicant shall submit a revised landscape�lan showing the required street
trees on SW Shady Lane and Greenburg Road mcluding information on the
species, size, and location of the proposed street trees for the City Forester's
review and approval.
6. The appl�icant shall submit a landscape plan with sufficient detail to demonstrate
the parking areas will be effectively screened from view.
7. The applicant shall submit a landsca�e plan that meets the minimum landscaping
and screening standards of the Washington Square Regional Center, TDC
18.630.090.
8. The applicant shall submit a revised site plan demonstrating all service facilities
are effectively screened from view.
The applicant shall prepare a cover letter and submit it, along with any supporting
documents and/or plans that address the following requirements to the
ENGINEERING DEPARTMENT, ATTN: Kim NIcNlillan 503-639-4171, EXT 2642.
The cover letter shall clearly identify where in the submittal the required
information is found:
9. Prior to issuance of a site permit, a Public Facility Improvement (PFI) permit is
required for this project to cover any work in the public right-of-way. Six (6) 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 impro��ements. 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.ti ar��).
CLIP 2005-00002 Hearings Officer Final Order
(Rainbow Park&Playground) Page 5
10. The PFI permit plan submittal shall include the exact legal name, address and
tele�hone number of the individual or corporate entity who will be designated as
the `Permittee", and who will provide the financial assurance for the �ublic
improvements. For example, specify if the entity is a corp oration, limited
partnership, LLC, etc. Also specify the state within which the entity is
incorporated and�rovide the name of the corporate contact person. Failure to
provide accurate mformation to the Engineering Department will delay
processing of project documents.
11. Prior to issuance of the Site pertnit, the applicant shall�ay the addressing fee, if
required. (STAFF CONTACT: Shirley Treat, Engineermg).
12. The applicant shall submit construction plans to the Engineering Department as a
part of the Public Facility Improvement permit, indicating that they will construct
the following frontage improvements along SW Shady Lane as a part of this
project:
A. street trees in the planter strip spaced per TDC requirements;
B. driveway apron removal and replacement;
C. hedges trimmed or removed along east property line.
13. The applicant's plans shall be revised to provide on-site water quality treatment
per CWS Section 3.12(d) (2)by either replacing the east on-site catch basins or
constructing a water quality pond or swale.
14. The applicant shall provide connection of pro�osed buildings to the public
sanrtary sewerage system. A connection permrt is required to connect to the
existing public sanitary sewer system.
15. The applicant shall obtain a�proval from the Tualatin Valley Water District for
the proposed water connection prior to issuance of the City's Public Facility
Improvement permit. •
16. An erosion control plan shall be provided as part of the Public Facility
Improvement�PFI) permit drawings. The plan shall conform to the "Erosion
Prevention an Sediment Control Design and Planning Manual, February 2003
edition."
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO A FINAL BUILDING INSPECTION:
The applicant shall prepare a cover letter and submit it, along with any supporting
documents and/or plans that address the following requirements to the CURRENT
PLANNING DIVISION, ATTN: Gary Pagenstecher 503-639-4171, EXT 2434. The
cover letter shall clearly identify where in the submittal the required information is
found:
17. Prior to a final building inspection,the applicant shall clearly identify and mark
the location of the access dnve in accordance with TDC Section
18.765.040(B)(3).
18. Prior to a final building inspection, the site shall be inspected to ensure that curbs
or wheel stops are provided as required by the TDC Chapter 18.765.
19. Prior to a final building inspection, the applicant shall apply for a sign permit and
supply staff with the appropriate plans to verify compliance with TDC Chapter
18.780 and 18.630.070 or demonstrate that proposed changes to the existing signs
are exempt from permit requirements pursuant to TDC 18.780.060.C.
CUP 2005-00002 Hearings Officer Final Order
(Rainbow Park&Playground) Page 6
The applicant shall prepare a cover letter and submit it, along with any supporting
documents and/or plans that address the follo�ving requirements to the
ENGINEERING DEPARTMENT, ATTN: Kim McNlillan 503-639-4171, EXT 2642.
The cover letter shall clearly identify where in the submittal the required
information is found:
20. Prior to a final building inspection, the applicant shall complete any work in the
public right-of-way (or public easemcnt) and obtain approval from the
Engineenng Department.
21. Prior to a final building inspection, the applicant shall demonstrate that they have
entered into a maintenance agreement with Stormwater Management, or another
company that demonstrates they can meet the maintenance requirements of the
manufacturer, for the proposed onsite storm water treatment facility. If a water
quality pond or swale is constructed instead of replacing the catch basins the
applicant's engineer shall submit a maintenance plan to the City engineering staff
for review and approval.
22. Prior to a final building inspection, the applicant's engineer shall provide a final
sight distance certification.
FAILURE TO SATISFY THE CONDITIONS OF APPROVAL WITHIN 18
MONTHS OF THE EFFECTIVE DATE OF THE HEARINGS OFFICER'S
DECISION SHALL RENDER THE HEARINGS OFFICER'S DECISION VOID.
DATED this 7�' day of March 2006.
���1�
J urner, Esq., AICP
City of Tigard Land Use Hearings Officer
CUP 2005-00002 Hearings O�cer Final Order
(Rainbow Park&Playground) Page 7
, � y . . . .
V� GEOGRAPHIC INFORMPTION SYSTEM
G� �■p
- D � � �■MM♦� �
�
C� —
D .� �. � � � � �
0
m
CU P2005-00002
= _ _ _ _ _ _ _
RAI N BOW PARK
- AND PLAYGROUD
RS RR
0.�
_ HADY N FE �
— �9 F<
F +
4`'.
BVIL t QP �BpNRA O
�� _
�J � _ _
� �F eeNO an ra no
V �
Ui�� Tlgard Area Map
�
N
o°o°o°o
��g���8� W
o > 0 200 400 6�0 eet
Q -
1"=409 feet
0
o�
°og
o�
o�
� City of Tigard
DAKOTA �nfonnelion on thia map ia fw generel bcalion only aM
should ba venfied with Ms Davalopmenl5ervices Division.
13125 SW Hall Blvd
Tigard,OR 87223
(503)839-4171
� htlp:l/www.ci.ligard.or.us
Community Development Plot date:Dec 16,2005;C:UnagicWIAGIC03.APR
� 'l _
PROPERTY LINE (T1P.) / '_
� E ISTINC iREE(TYP.) ��/ �--`-��--�'--�'��'� ``_.
� � I ��--'�.._.__;----�-.__-.--
�Q� � � � I � � I � i - -_-__
`1 O�� � ----'� � � i � � i
� Q I � �
�3 J� �
� E%�S�NG$IGN � REFUSE/RECYCLINC
�� ��, 61KE RACK
J.` - ------------ -----------
�O / ---
- ;
(„ .�_ �-� r-�' �,_�O i
�' i�, , E7(ISTWG CONCRETE �
Q p�, � ;PICNIC AREA CURB/PANNG
Q-�P }�y�2 � /CLOTH dtHWATER FXISTING BUIL�ING �
�V �" I FEANRE 2000 S.F,G.F.A. �
J �-
�'� \�----
. ��� NEw CONCRETE �—
��V PANNG(TYP.) �O
\ 9 �
` PLAV AREA VA7H n� PEDESTRIAN ---�
ENGINEERED W000 � ACCE55 ' PROPERTv
I I q� LINE(TYP.)
FIBER SURFACING i �___o___� f : I
NEW CUFB (8000 s.f,) -
� I
I j--'-
EX. OVERHEAD � z�. �B.S'
CANOPY �
NEW FENCE EX. BOOTN i 6
(CONNELT I--�"—
� TO EXISTINC) -------_ � EI(ISTINC °� C�6.5'
. i 0 ASPHALT
NEW CURB � NEw CURB � �!
__ J r
C .L\
! ' �
6 �' .... ._../
NEW STREET TREES NEW CONCRETE
NEW CONCRETE pRIVEWAY APRON NEw CONCRETE CURB
CURB t S�DEWAIK k S�DEWALK(TW.)
SW SHADY LANE
.� � � L_
'- -- -- --�-� -- -- --�-----'— r- --�
T�---i � I -' �------
� I-- / � - I � I � � ' �... �
- — ---
I I ' I I
�-
� I
� �....: I
, �.�� I i � i T � I � I
, , .�._ � J--- - i
_. I j I ( i , �
.. I � , � '
cmo�o �I�� O� T'���D � CUP2005�0000�
SITE PLAN N
RAINBOW PARK & PLAYGROUND
Ma is not to scale
r
� � � � � � � / � � � • � �
� ` � �. �.
. �
� . � � �
1 , .
� � , ���
k HEARINGS OFFICER ,
� MONDAY- FEBRUARY 13, 2006 - 7:00 PM
Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Hearings Officer meetings by noon on .
the Friday prior to the meeting. Please call 503-639-4171, Ext. 2438 (voice) or 503-6842772 (TDD - Telecommunications Devices for the
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 outside service providers, it is important to allow as much lead time as possible.
To request such services, please notify the City of Tigard of your need(s) by 5:00 p.m., no less than one (1) week prior to the
meeting date at the same phone numbers listed above so that we can make the appropriate arrangements.
Hearings are held in Town Hall at the City of Tigard at 13125 SW Hall Boulevard
Staff reports are available to the public 7 days prior to the hearing date
1. CALL TO ORDER
2. PUBLIC HEARING
2.1 RAINBOW PARK AND PLAYGROUND
CONDITIONAL USE PERMIT(CUP) 2005-00002
REQUEST: The applicant requests the use of an existing 2,000 square foot commercial building on a .44
acre site for retail sales of playground equipment and the use of an approximately 8,000 square foot portion
of the outdoor area of the site for a playground for use by the general public on a fee basis. A conditional
use permit is required to allow an outdoor entertainment use in the Mixed Use Commercial zone.
LOCATION: The project is located at the southeast corner of the intersection of SW Greenburg Road and
Hwy 217, at 9785 SW Shady Lane, WCTM 1 S135BD Tax Lot 00200.
ZONE: MUC: Mixed Use Commercial District. The MUC zoning district includes land around the
Washington Square Mall and land immediately west of Highway 217. Primary uses permitted include
office buildings, retail, and service uses. Also permitted are mixed-use developments and housing at
densities of 50 unites per acre. Larger buildings are encouraged in this area with parking under, behind
or to the sides of buildings. APPLICABLE REVIEW CRITERIA: Community Development Code
Chapters 18.330, 18.360, 18.390, 18.520, 18.630, 18.705, 18.725, 18.745, 18.755, 18.765, 18.780, 18.790,
18.795 and 18.810.
3. OTHER BUSINESS
4. ADJOURNMENT
Page 1 of 1
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 OfFcer may further limit time if necessary.
Written comments are always appreciated by the Hearing's OfFcer to supplement oral
testimony.
AGENDA ITEM NO.: 2.1
DATE: FEBRUARY 13, 2006
PAGE 1 OF
FILE NAME: RAINBOW PARK AND PLAYGROUND
CASE NOS.: CONDITIONAL USE PERMIT (CUP) 2005-00002
IF YOU WISH TO TESTIFY ON THE ITEM INDICATED ABOVE,
PLEASE PRINT YOUR NAME, ADDRESS & INCLUDE YOUR ZIP CODE
;
PROPONENT - (Speaking In Favor or Neutral) OPPONENT - (Speaking Against)
Name,Address,Zip Code and Phone No. �,� „ I Name, Address,Zip Code and Phone No.
��� I�I U� �+
8?S SwY!'�luvc� ac�c S�, y�2� i
_ ��t"�' G� � Ok��1 ??Z� - - � - - -
Name, Address,Zip Code and Phone No.��_ � Name,Address,Zip Code and Phone No.
r
�5� � � ��� �
� �� � �
C.�-�v�- . �' 9��� _�_
- - - - - -
! Name, Address,Zi Code and Phone No. � Name,Address,Zip Code and Phone No.
�� ,�� �-
, �Q ��,. �,��,� �$ �
���=����,�_ `�_ _ _ _
Name, Address,Zip Code and Phone No. —I Name,Address,Zip Code and Phone No.
� I
I
1
I� Name, Address,Zip Code and Phone No. � Na e, Address,Zip Code and Phone No.
1
I j
— — - - -�— — - -
Name,Address,Zip Code and Phone No. I Name, Address,Zip Code and Phone No.
1
I
— — — — — — — — — — — — — — —�— — — — — — — — — — — — — — —
I
.
Patty Lunsford - Fwd: Rainbow-final letter Page 1
From: Gary Pagenstecher
To: jtpc@verizon.net
Date: Tuesday, February 21, 2006 9:31:13 AM
Subject: Fwd: Rainbow-final letter
Joe,
Please find attached a letter from Ed Murphy on behalf of Stan Nored, applicant for the Rainbow
Playground Conditional Use Permit. The proposed compromise language on condition 13 requiring one
and not two water quality retrofits on the subject site is satifactory to Kim and I, as is the request to waive
the comment response periods to facilitate a timely decision.
Gary
Gary Pagenstecher
Associate Planner
City of Tigard
503-718-2434
GaryP@tigard-or.gov
CC: Bewersdorff, Dick; Mcmillan, Kim; murphye@Idcdesign.com
,
LDC
February 17, 2006
Design Group
Kim McMillan, Development Review Engineer °"°,°"`°`°P°°r
City of Tigard �
13125 SW Hall Blvd.
Tigard, Oregon 97223
RE: Rainbow Park and Playground Conditional Use Permit application
CUP2005-00002
Dear Ms. McMillan:
BOTTOM LINE
On behalf of Stan Nored, the applicant for the Conditional Use Permit, I am
submitting this letter offering a compromise on the storm water quality
� requirements. Mr. Nored agrees to retrofit one of the two catch basins on the site.
with a pre-fabricated catch basin with a �Itration system. Condition #13 should be
changed to read as follows:
� "13. The applicant's plans shatl be revised to provide on-site water
1 quality treatment per CWS Section 3.12 by either replacing the east on-
Isite catch basin or constructing a water quality pond or swale." �
In a voice mail message to me today, you indicated that you would accept that
' approach. Therefore, the rest of this letter is background information which may
be interesting to the staff or Hearings Officer, as I think it makes some valid points
that might be applicable to other similar projects in the future. For this particular
project, fiowever, Mr. Nored will accept the revised condition of approval so he can
get his Conditional Use Permit application approved as soon as possible. .
SITUATION
In the staff report for this application, staff recommended that the Hearings Officer
approve the Conditional Use Permit, with the following condition:
"13. �The applicant's plans shall be revised to provide on-site water
quality treatment per CWS Section 3.12(d)(2) by either replacing the on-
site catch basins or constructing a water quality pond or swale."
The applicant asked the Hearings Officer not to impose that condition. The
Hearings OfFicer questioned whether he even had the authority to rule one way or
the other on that condition, as the condition was related to regulations adopted in
the Design and Construction Standards for Sanitary Sewer and Surface Water
_ Management, prepared by Clean Water Services and implemented by the City of
Tigard. The staff indicated at the hearing that they did not think the Hearings zppgSNWTanasbourneDrive
OfFicer could modify or strike the recommended condition, as it was an engineering H�uSbo�o,OR97124
standard. The applicant asked the Hearings Officer to feave the record open for F503.645.5500
one week in order to provide additional written evidence. Ehillsboro@Idcdesign.com
www.ldcdesign.com
Hillsboro,OR
Tiilamook oR
Vancouver,wn
Bellevue,wA
Cceur d'Alene,iD
Sacramento,CA
1 Clermon4 fL
www.paraticompany.com
. ti
LDC
ANALYSIS
Design Group
Does the Hearings Officer have the authority ro app/y conditions of approval ePcroticompany
� related to the Design and Construction Standards for Sanitary and Surface Water
Management?
The Clean Water Services Rules, which were adopted by the Coun,ty via Resolution .
and Orders No. 91-47, were adopted by the City as a part of Chapter 12 of the
Tigard Municipal Code. Section 12.02.040 states "Ciean Water Services
Resolutions and Orders No. 91.47 (excluding Chapter 2) as amended, Construction
Standards and Regulations pertaining to sanitary sewerage and storm and surface
water management systems are adopted and shall be in full force and efFect as
part of this code". _
The Tigard Development Code references the same regulations in Chapter
18.810.160.6., which states that the Design and Construction Standards for
Sanitary and Surface Water Management (as adopted by the Unified Sewerage
Agency in 1996 and inctuding any future revisions or amendments) shall be a part
of the City's adopted instaflation standard(s); other standards may also be
required upon recommendation of the City Engineer". These regulations are, .
therefore, an extension of Title 18, the Development Code, and more specifically,
Chapter 18.800 Street Utility Standards.
� In my opinion, this gives the Hearings Officer the authority to decide what storm
i water quality standards are appropriate, in the same way that the Hearings Office�
I can decide whether a sidewalk has to be constructed. If the Hearings �fficer does
not have the authority to impose, modify or delete a recommended condition of�
approval, staff should not have recommended it as a condition of approval.
Making it a condition of approval suggests not only that the Hearings Officer has
the authority to impose the condition, but also suggests that the imposition of that
condition could be appeafed.
Does the Design and Construction Standards Manual or any other City ordinance.
state how to handle disagreements on the requirements?
No. Section 1.B. of original regulations adopted by the Unified Sewerage Agency
in 1994 (Ordinance #27) included a section on administrative appeals. Neither the
Design and Construction Manual, or Chapter 12 of the Municipal Code, provides
any such procedures. The Development Code does have procedures for reviewing
land use applications, however, including appeal procedures. One of those�
procedures .is to have the Hearings �fficer review recommended conditions of
approval for a Conditional Use application and decide, as part of the land use
decision, whether to accept staff's recommended conditions, modify them, or
reject them.
Assuming the Hearings Officer agrees thar he has the authority to decide whether.
or not to require water quality facilities as a conditron of approval of this
Condirional Use Permif, do the standards set forth in the Manual apply to the
proposed redevelopment of this sire?
Yes. The redevelopment of this site would be considered "development", and any
development activities is subject to the standard design requirements of Chapter 3
of the Manual, Storm and Surface Water Rules (see Section 3.01 of the Manual)
2
� LDC
Are storm water quality facilities required by the Design and Construction Manual?
Design Group
No, not in this case. The section of the Manual that the proposed condition #13 of aParallcompony
refers to, Section 3.12(d)(2), simply explains how to determine the sizina of storm
water quality facilities, if they are required. It does not require the facilities.
Other sections of Chapter 3 give guidance as to whether storm water quality
facilities are required, such as the following:
3.12.a. Purpose. Owners of new development and other activities which create
new impervious surfaces or increase the amount of stormwater runoff or
po1/ution leaving the site [italics and bold added] are required to construct or �
fund permanent water quality facilities to reduce contaminants entering the storm
and surface water system.
3.12.c. Design Standards
1) �The stormwater quality facilities shall be designed to remove 65 percent of the
total phosphorous from the runoff from 100 percent of the newly constructed
impervious surfaces [italics and bold added].
These sections indicate that no storm water quality facilities are required if there is
no increase in impervious surface. In fact, nowhere in the manual does it explicitly
state that storm water quality facilities are required when the impervious surface
area is reduced; it seems to say just the opposite.
Is there a precedent of not reguiring water quality facilities? �
' Yes. In an e-mail from Terry Keyes, Clean Water Services, to Kim McMillan, Terry
states that CWS "has been known to use some discretion when the redevelopment
of a site is very minor. For example, we have entertained allowing the worse area
of a private site to be treated with Stormfilter catch basins rather than requiring
the entire site to be treated. We have also not raquired treatment when the�
pro,ject reduced impervious surface [underline added] or was very, very minor
compared to the size of the site". (The second part of the sentence apparently
refers to an increase in impervious surface area that is minor in size compared to
the size of the entire impervious surface.)
In this case, the appficant is altering only 3.4% of the site, and reducinca the�
square footage of the impervious surface by 367 square feet.
Can the City require storm water quality improvements even though the Manual
does not seem to require such improvements in this case, and there is precedent
for not requiring storm water quality improvements on sites that reduce the
amount of impervious surface? _
Yes. There is some discretion involved in the requirements. In this case, the City
could decide not to require any improvements, could require different types of
facilities, or could require a broad range of improvements. The City cannot reduce
the requirements below the standards contained in the Manual, but they can
impose requirements more stringent than the Manual, or than what Clean Water
Services might impose if this site was in unincorporated Washington County. �
�
3
�
LDC
In this case, when the Manual not clear, or there is honest disagreement over what
the Manual requires, staff — and the hearings Officer — can exercise their discretion Design Group
and best judgment. oParaticompony
POLICY ISSUES �
If the Manual does not seem to require storm water quality improvements (or at
best is ambiguous) but the staff and Hearings Officer can require such
improvements anyway, the question is, should they? This is more a matter of
policy -- should the Cify require storm water quality improvements as a condition
of approval of the redevelopment of this site? �
In my opinion, no. Even though these questions might be considered policy
questions, rather than simply an application of the Development Code, they may
help inform the decision on how to apply ambiguous regulations in this instance. -
1. The requirement has little or nothing to do with the Conditional Use Permit.
A Conditional Use is a use that is being reviewed because there may be�
impacts associated with that use that a use perrriitted outright would not
have...bright lights, noise, vibrations, glare, etc. Generally, conditions are
imposed to mitigate those types of impacts to ensure that the impacts are
no greater than the impacts of a permitted use. In this case, there are no
impacts that would require special conditions, as staff has noted on page
14. None of the neighbors have expressed any concerns about impacts to�
their properties or the neighborhood.
2. Any conditions of approval should be related to the impacts caused by the
development or redevelopment of a site. The redevelopment wili be less
impactfui to the storm water system than the current development of the
site, and to past uses of the site. As an example, no Transportation Impact
; Fees are required if a proposed development is less impactful that the�
� existing or past development.
( 3. The site has been used as a commercial use since 1971. The
redevelopment will reduce the amount of impervious surface, as well as
making other substantial improvements to the site, such as ciosing the west
driveway. -
4, Not requiring water quality improvements is consistent with other decisions
made under the same regulations. Not requiring storm water quality in this
case is consistent with past decisions (at least Clean Water Services
decisions), and would not be setting a precedent that would be difficult or
unwieldy to apply in other cases that are similar in nature.
5. The costs of providing storrn water quality improvements seems
disproportionate to the project impact. In this case, it will cost $Z0,000 to
retrofit two existing catch basins with filters. When all the applicant is
doing is providing outdoor equipment for rent, plans to use the existing
building with no modifications, and is reducing the amount of pavement
area, the cost is disproportionately high. �
6. Not imposing water quality requirements facifitate the redevelopment of
this vacant property. The applicant wants to use the site for something
4
LDC
that is meets the Conditional Use criteria, would improve the neighborhood,
would provide a service that is not currently provided elsewhere in the City. Design Group
He is agreeing to close the driveway, eliminating a potential safety hazard. �Paro����mPQ�r
that has been there for 35 years. He agrees to plant street trees, and to
improve the landscaping. But a $20,000 cost impact could make
redevelopment of this site too expensive to make economic sense.
PROPOSAL
Although the applicant believes that no storm water quality facilities shouid be�
required in this case, he is willing to offer a compromise. In the spirit of
cooperation, and in order to expedite approval of the Conditional Use Permit
applicatlon without further delay, the applicant is willing to retrofit one of the two
catch inlets with a storm water treatment system, such as a small, prefabricated
catch basin that uses a passive filtration system. The catch inlet on the east side
is the inlet that will receive the most pollutants, since the runoff from the parking.
lot wifl drain into that catch basin. The other catch basin, on the west side, will
receive runoff only from the outdoor play area, which will be covered with wood
fiber. The wood fiber itself will act as a filter. Therefore, retrofitting the west
catch inlet is unnecessary and would have very little impact on the quality of the
storm water runoff from the site.
The condition of approval should be revised to read as follows: �
Current language:
"13. The applicant's plans shall be revised to provide on-site water quality
treatment per CWS Section 3.12(d)(Z) by either replacing the on-site catch basins
or constructing a water quality pond or swale." .
Proposed language:
"13. The applicant's plans shall be revised to provide on-site water quality
treatment per CWS Section 3.12 by either replacing the east on-site catch basin or
constructing a water quality pond or swale." �
REQUEST
If the staff is amenable to revising the condition of approval, the applicant
requests that the staff waive the seven day response time allowed by the Hearings
Officer, and the applicant will also waive the seven day closing argument time
allowed. Mr. Nored requests a decision as soon as possible in order to be able to.
i
proceed with the project as soon as possible.
�
SUBM TT D BY
G
Ed Murphy �
LDC Design Group
cc. Stan Nored, Rainbow Park and Ptayground
5
I
Agenda Item: � ' �
Hearin Date: Februa 13 2006 Time: 7:00 PM
STAFF REPORT T� THE
HEARINGS OFFICER ��noFT��ARo
Community�Devefopment
FOR THE CITY OF TIGARD, OREGON ShapingABettetCommunity
120 DAYS = 4/11/2006
SECTION I. APPLICATION SUMMARY
FILE NAME: RAINBOW PARK AND PLAYGROUND
CASE NO: Conditional Use Permit UP UP2005-00002
APPLICANT: Stan Nored OWNER: Donald & Marlene Huggins
Rainbow Park & Playground Co. PO Box 1503
90496 H 99 N., Suite 2 Polson, MT 59860
Eugene,�R 97402
APPLICANT'S Ed Murphy
REP.: LDC Design Group
20085 NW Tanasbourne Drive
Hillsboro, OR 97124
PROPOSAL: The applicant requests the use of an existing 2,000 square foot
commercial building on a .44 acre site for retaif sales of playground
equipment and the use of an approximately 8,000 square foot portion of
the outdoor area of the site for a playground for use by the general public
on a fee basis. A conditional use permit is required to allow an outdoor
entertainment use in the Mixed Use Commercial zone.
LOCATION: The project is located at the southeast corner of the intersection of SW
Greenburg Road and Hwy 217, at 9785 SW Shady Lane, WCTM
1S135BD Tax Lot 00200.
C�MPREHENSIVE
PLAN AND
ZONING
DESIGNATION: MUC: Mixed Use Commercial District. The MUC zoning district includes
land around the Washington Square Mall and land immediately west of
Highway 217. Primary uses permitted include office buildings, retail, and
service uses. Also permitted are mixed-use developments and housing
at densities of 50 unites per acre. Larger buildings are encouraged in
this area with parking under, behind or to the sides of buildings.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.330, 18.360, 18.390, 18.520,
18.630, 1$.705, 18.725, 18.745, 18.755, 18.765, 18.780, 18.790, 18.795
and 18.810.
SECTION II. STAFF RECOMMENDATION
Staff recommends that the Hearings Officer find that the proposed Conditional Use Permit, will
not adversely affect the health, safety and welfare of the City and meets the Approval
Standards for a Conditional Use. Therefore, Staff recommends APPROVAL, subject to the
following recommended Conditions of Approval:
Rainbow Park&Playground PAGE 1 OF 24
2/13/06 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
s
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO ISSUANCE OF THE SITE AND/OR BUILDING PERMITS:
e app icant s a prepare a cover etter an su mit it, a ong wit any supp orting
documents and/or plans that address the following requirements to the CURRENT
PLANNING DIVISION, ATTN: Gary Pagenstecher 503-639-4171, EXT 2434. The cover
letter shall clearly identify where in the submittal the required information is found:
1. Prior to issuance of building permits, the applicant shall submit a lighting plan for the
entire project site.
2. Prior to the issuance of building permits, the applicant shall submit a revised site plan
showing the visual clearance triangle for the intersection of the driveway and SW
Shady Cane.
3. Prior to the issuance of building permits, the applicant shall submit a revised site plan
including wheel stops as required by the TDC Chapter 18.765.
4. Prior to the issuance of building permits, the applicant shall submit a revised site plan that
includes finro bicycle parking spaces which are designed and constructed to the standards
that are identified in TDC Section 18.765.050.
5. The applicant shall submit a revised landscape plan showing the required street trees
on SW Shady Lane and Greenburg Road including information on the species, size,
and location of the proposed street frees for the City Forester's review and approval.
6. The applicant shall submit a landscape plan with sufficient detail to demonstrate the
parking areas will be effectively screened from view.
7. The applicant shall submit a landscape plan that meets the minimum landscapin and
screening standards of the Washington Square Regional Center, TDC 18.630.09�
8. The applicant shall submit a revised site plan demonstrating all service facilities are
effectively screened from view.
The applicant shall prepare a cover letter and submit it, along with any supp orting
documents and/or plans that address the following requirements to the ENGINEERING
DEPARTMENT, ATTN: Kim McMillan 503-639-4171, EXT 2642. The cover letter shall
clearly identify where in the submittal the required information is found:
9. Prior to issuance of a site permit, a Public Facility Improvement (PFI) permit is required
for this project to cover half-street improvements and any other work in the public
right-of-way. Six (6) sets of detailed public improvement plans shall be submitted for
review to the Engmeering Department. NOTE: these plans are in addition to any
drawings required by the Building Division and should only include sheet�evant 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.tiqard-or.qov).
10. The PFI permit plan submittal shall include the exact legal name, address and telephone
number of the individual or corporate entity who wifT6e 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.
11. Prior to issuance of the Site permit, the applicant shall pay the addressing fee. (STAFF
CONTACT: Shirley Treat, Engineering).
Rainbow Park 8�Playground PAGE 2 OF 24
2/13/06 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
12. The applicant shall submit construction plans to the Engineerin� Department as a part of
the Public Facility Improvement permit, indicating that they will construct the following
frontage improvements along SW Shady Lane as a part of this project:
A. street trees in the planter strip spaced per TDC requirements;
B. driveway apron removal and replacement;
C. hedges trimmed or removed along east property line.
13. The applicant's plans shall be revised to provide on-site water quality treatment per CWS
Section 3.12(d) (2) by either replacing the on-site catch basins or constructing a water
quality pond or swale.
14. The applicant shall provide connection of proposed buildings to the public sanitary
sewerage system. A connection permit is required to connect to the existing public
sanitary sewer system.
15. The applicant shall obtain approval from the Tualatin Valley Water District for the
proposed water connection prior to issuance of the City's Public Facility Improvement
permit.
16. An erosion control plan shall be provided as part of the Public Facility Improvement (PFI)
permit drawings. The plan shall conform to the "Erosion Prevention and Sediment
Control Design and Planning Manual, February 2003 edition."
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO A FINAL BUILDING INSPECTION:
e app icant s a prepare a cover etter an su mit it, a ong wit any supporting
documents and/or plans that address the following requirements to the CURRENT
PLANNING DIVISION, ATTN: Gary Pagenstecher 503-639-4171, EXT 2434. The cover
letter shall clearly identify where �n the submittal the required information is found:
17. Prior to a final building inspection, the applicant shall clearly identify and mark the location
of the access drive in accordance with TDC Section 18.765.040(B)(3).
18. Prior to a final building inspection, the site shall be inspected to ensure that curbs or
wheel stops are provided as required by the TDC Chapter 18.765.
19. Prior to a final building inspection, the applicant shall apply for a sign permit and supply
staff with the appropriate plans to verify compliance with TDC Chapter 18.780 and
18.630.070.
The applicant shall prepare a cover letter and submit it, along with any supporting
documents and/or plans that address the following requirements to the ENGINEERING
DEPARTMENT, ATTN: Kim McMillan 503-639-417'I, EXT 2642. The cover letter shall
clearly identify where in the submittal the required information is found:
20. Prior to a final building inspection, the applicant shall complete any work in the public
right-of-way (or public easement) and obtain approval from the Engineering Department.
21. Prior to a final building inspection, the applicant shall demonstrate that they have entered
into a maintenance agreement with Stormwater Management, or another company that
demonstrates they can meet the maintenance requirements of the manufacturer, for the
proposed onsite storm water treatment facility. If a water quality pond or swale is
constructed instead of replacing the catch basins the applicant's engineer shall submit a
maintenance plan to the City engineenng staff for review and approval.
22. Prior to a final building inspection, the applicant's engineer shall provide a final sight
distance certification.
Rainbow Park&Playground PAGE 3 OF 24
2/13/06 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
FAILURE TO SATISFY THE CONDITIONS OF APPROVAL WITHIN 18 MONTHS OF THE
EFFECTIVE DATE OF THE HEARINGS OFFICER'S DECISION SHALL RENDER THE
HEARINGS OFFICER'S DECISION VOID.
SECTION III. BACKGROUND INFORMATION
Site Histor :
e su �ect .44-acre property is located at the intersection of Highway 217, SW Greenburg
Road, and Shady Lane. The property is flat and slopes gently to fhe southwest. The site has
been previously developed with an approximately 2,000 square foot building, a parking area,
landscaping: and a canopy over what used to be a fueling area when the site was used as
service station between 1971 and 1988. Since 1989, the site has been used for vehicle
storage, sales, and rentals. The property is currently vacant.
Vicinit Information:
e su �ect property is surrounded by commercial uses and major roads. There are two
office buildings and a small convenience store across Shady Lane to the south. To the east
is a medical office and clinic. The roperty is bordered b Greenburg Road to the west and
the on-ramp to Hwy 217 on the porth. Greenburg Road and the Hwy 217 on-ramp are
elevated roads adjacent to the site to facilitate the grade separation of Greenburg and 217.
T
Site Information and Pro osal Descri tion:
e app icant proposes to use t e existing building for retail sales with cosmetic modifications
and use the outdoor area of the site for tfie play ground and parking. The use of the existing
building for retail sales is permitted outright. The proposed use of a portion of the site for
outdoor entertainment requires a conditional use permit. Rainbow Park and Playg round
Company sells playground equipment as well as spas, awnings, picnic tables and other
outdoor equipment. According to the applicant's narrative the business plan is based on
similar stores in east Portland and Eugene.
The applicant proposes to set up the pla� equipment for children 3 to 12 years old. The
facilities will be available for reserved special events such as birthday parties on a fee basis
during regular business hours 10:00 a.m. to 6:00 p.m. Tuesday through Saturday and noon to
4 p.m. Sunday for "open play". The applicant states that the equipment in the play area is not
for display and is not for sale and asserts, therefore, that the outdoor use of the facility
constitutes outdoor entertainment, a commercial use allowed conditionally in the MUC zone.
Outdoor sales is a use prohibited in the MUC zone.
SECTION IV. DECISION MAKING PROCEDURES, PERMITS AND USE
Use Classification: Section 18.130.020
is s e se a egories.
The applicant is proposin� to use the existing building for retail sales and a portion of the outdoor
area for outdoor entertainment. Retail sales is a use permitted outright in the MUC zone.
Outdoor entertainment is permitted conditionally. Outdoor entertainment is defined in TDC
18.130.020.C.3.b as facilities with extensive outdoor facilities including outdoor tennis clubs, golf
courses and shooting ranges.
Summa Land Use Permits: Chapter 18.310
e ines e ecision-ma ing type to which the land-use application is assigned.
The proposed use is a Conditional Use permit which is a Type I I I-HO process with a hearing and
decision by the Tigard Hearings Officer.
Rainbow Park 8 Playground PAGE 4 OF 24
2/13/O6 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
SECTION V. SUMMARY OF APPLICABLE CRITERIA
summary o t e app ica e criteria in this case in t e apter order in which they are
addressed in this report are as follows:
A. 18.330 S ecific Conditional Use Criteria
enera pprova ri eria
Additional Conditions of Approval)
Additional Development Standards)
B. licable Develo ment Code Standards
i e eve o men eview
18.520 Commercia Zoning Districts)
18.630 Washington Square Standards)
18.705 Access, Egress & Circulation)
18.725 Environmental Performance Standards)
18.745 Landscaping and Screening)
18.755 Mixed Solid 1Naste and Recyclable Storage)
18.760 Nonconforming Situations)
18.765 Off-Street Parking and Loading Requirements)
18.775 Off-Street Parking)
18.780 Signs)
18.790 Tree FZemoval)
18.795 Visual Clearance)
C. Street and Utility Im rovement Standards (18.8101
D. _mpac u v '�
SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS
A. SPECIFIC CONDITIONAL USE APPROVAL CRITERIA
Section 18.330.010.A states that the purpose of this chapter is to provide standards
and procedures under which a conditional use may be permitted, enlarged or altered if
the site is appropriate and if other appropriate conditions of approval can be met.
There are certain uses which due to the nature of the impacts on surrounding land
uses and public facilities require a case-by-case review and analysis.
Pursuant to TDC Table 18.520.1, "outdoor entertainment" requires a Conditional Use permit
in the MUC zone subject to special development standards contained in TDC 18.630.
Section 18.330.020.A states that a request for approval for a new conditional use shall
be processed as a Type III-HO procedure, as regulated by Chapter 18.390.050, using
approval criteria contained in Section 18.330.030A and subject to other requirements
in Chapter 18.330.
The applicant has proposed a new conditional use, which is bein� processed as a Type
III-HO procedure and is subject to the approval criteria contained in Section 18.330.030.A
and other applicable requirements in said chapter as reviewed below.
GENERAL APPROVAL CRITERIA FOR A CONDITIONAL USE: SECTION 18.330.030
e si e size an imensions provi e a equa e area or e nee s o e propose use;
The existing site size is .44 acre or 19,160 square feet in size. In addition to the existing buildin�,
the proposal includes approximately 8,000 square feet of the site for use as a play ground. This
report evaluates the proposal and necessary setbacks, landscaping, etc., and as demonstrated
in the application and this report, the site size is adequate for the needs of the proposed use.
The characteristics of the site are suitable for the proposed use considering size, shape,
location, topography, and natural features;
Rainbow Park&Playground PAGE 5 OF 24
2/13/O6 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
The subject site is currently developed with a building, canopy, and paved surface areas. The
flat site is highly visible and large enough for the proposed retail and outdoor entertainment uses
as indicated in the application. The site is suitable for the proposed development.
All required public facilities have adequate capacity to serve the proposal; and
The site is fully developed and served by public facilities. All public facilities including streets,
storm and sanitary sewers, and water have adequate capacity to serve the site as discussed in
detail elsewhere in this report.
The applicable requirements of the zoning district are met except as modified by this
chapter.
The proposed site is located within the MUC zonin9 district. As indicated earlier, retail sales
are permitted outright and outdoor entertainment is permitted conditionally. As discussed
later in this report, the project will meet the applicable requirements of the zoning district.
The applicable requirements of 18.330.050.
Section 18.330.050 contains additional development standards for conditional use types. The
proposed outdoor entertainment type is not a listed use under this section. Therefore, this
standard does not apply.
The supplementary requirements set forth in other chapters of this Code including but
not limited to Chapter 18.780, Si ns, and Chapter 18.360, Site Development Review, if
applicable, are met or can be con�tioned to be satisfied.
The applicable review criteria in this case include the following chapters of the Communi�
Development Code: 18.330, Conditional Use; 18.360, Site Development Review;; 18.39
Decision Making Procedures; 18.520, Commercial Zoning Districts; 18.630, Washington
Square Regional Center; 18.705, Access, Egress and Circulation; 18.725, Environmental
Performance Standards; 18.745, Landscaping and Screening; 18.760, Nonconforming
Situations;18.765, Off-Street Parking; 18.780 , Signs; 18.790, Tree Removal; 18.795, Visual
Clearance Areas; and 18.810, Street and Utility Improvement Standards. The development
standards and requirements of these chapters are addressed further in this report.
The proposal contains no elements related to the provisions of the following chapters: 18.350,
Planned Development; 18.370, Variances and Adjustments 18.380, Zoning Map/Text
Amendments; 18.410, Lot Line Adjustments; 18.420, Land Partitions; 18.430, Subdivisions;
18.510, Residential Zonin Districts; 18.530, Industrial Zoning Districts; 18.620, Tigard Triangle
Design Standards; 18.64� Durham Quarry Design Standards; 18.710, Accessory Residenfial
Units; 18.715, Density Computations; 18.720, Design Compatibility Standards; 18.730,
Exceptions to Development Standards; 18.740, Historic Overlay; 18.742, Home Occupations;
18.750, Manufactured/Mobile Home Regulations; 18.755, Mixed Solid Waste and Recyclables
Storage;18.775, Sensitive Lands; 18.785, Temporary Uses; and 18.798, Wireless
Communications Facilities. These chapters are, therefore, found to be inapplicable as approval
standards.
The use will comply with the applicable policies of the Comprehensive Plan.
The Comprehensive Plan is implemented by the Community Development Code. Compliance
with Comprehensive Plan policies are, therefore, assured by satisfaction of the applicable
development standards of the development code as addressed within this report.
FINDING: Based on the analysis above, the General Approval Criteria for a Conditional Use
are satisfied.
Rainbow Park&Playground PAGE 6 OF 24
2/13/06 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
ADDITIONAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE.
ec ion . . s a es a e earings u ori y may impose conditions on the
approval of a conditional use, which are found necessary to ensure the use is
compatible with other uses in the vicinity, and that the impact of the proposed use on
the surrounding uses and public facilities is minimized. These conditions may
include, but are not limited to the following:
Limiting the hours, days, place and/or manner of operation;
The applicant has indicated hours, days, and manner of operation. For retail sales and
outdoor use of the playground equipment, the proposed hours of operation are normal
business hours (10:00 a.m. to 6:00 p.m. Tuesday through Saturday). The facilit�r will also be
open noon to 4:00 p.m. Sunday for open play and special events. There is no evidence in the
record to suggest that there is a need to limit the hours, days, place and or manner of
operation for the impacts of the proposed use on the surrounding uses and public facilities.
However, it is appropriate to require a certain minimum hours of operation to ensure that the
outdoor playground is actively used for "outdoor entertainment", without which the use would
default to "outdoor sales", which is prohibited in the zone. Staff finds the applicant's narrative
addresses this issue satisfactorily.
Requiring design features which minimize environmental impacts such as noise,
vibration, air pollution, glare, odor and/or dust;
The proposal would not likely enerate any vibration, air pollution, odor, glare, noise, or dust
that would be considered ou� of characfer for the use. The applicant has proposed a
landscape plan that incorporates most of the existing vegetation and a lot of new screening
that should assist in mitigating any adverse impacts. The noise from Hwy 217 and
Greenburg Road can be expecfed to generate more noise than this use. This criterion is
satisfied.
Requiring additional setback areas, lot area, and/or lot depth or width;
The lot is large enough to accommodate the outdoor entertainment use as proposed. The
proposed use will meet or exceed the setbacks of the underlying zone as discussed later in
this report. This criterion is satisfied.
Limiting the building height, size or lot coverage, and/or location on the site;
The applicant has indicated that the existing building will not be changed except for cosmetic
improvements. This criterion is satisfied.
Designating the size, number, location and/or design of vehicle access points;
The applicant is proposing to remove one of the two existing access points to the site from
Shady Lane. Access is discussed in more detail later in this report.
Requiring street right-of-way to be dedicated and street(s) to be improved;
The applicant has proposed to dedicate and improve Shady Lane as necessary. The
specifics of the improvements are discussed in more detail in the street and utility section of
this report. This criterion is satisfied.
Requiring landscaping, screening, drainage and/or surfacing of parking and loading
areas;
These items are addressed later in this report. As conditioned, the proposal will meet the
prescribed requirements of the TDC.
Limiting the number, size, location, height and/or lighting of signs;
Rainbow Park&Playground PAGE 7 OF 24
2/13106 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
The applicant has proposed that the existing pole sign in the northwest corner of the property
and the chimney sign on the existing building will be utilized and that another pole sign on
SW Shady Lane wifl be removed. Compliance with the sign requirements for the underlying
zone will be considered once a sign application is submitted and a design is reviewed. The
applicant will be required to apply for a sign permit for this site.
Limiting or setting standards for the location and/or intensity of outdoor lighting;
The applicant has indicated in the narrative that the parking lot will be lighted with the existing
lights under the canopy and another in the northwest corner of the site. However, these lights
are not shown on the site plan. Staff cannot assure that li�hting from the site will not produce
glare onto neighboring properties or create a safe nighttime environment for patrons of the
facility based on the applicant's description of lighting for the facility. Therefore, the applicant
shall submit a lighting plan for the entire pro�ect site for approval.
Rec�uiring berms, screening or landscaping and the establishment of standards for
their installation and maintenance;
The applicant has proposed to amend the existing landscaping to screen the parking areas
from surrounding properties and SW Shady Lane. As discussed further in this report in the
landscaping secfion, additional screening will be required.
Requiring and designating the size, height, location and/or materials for fences;
The applicant is not proposing any fences for the site. This criterion is not applicable.
Requiring the protection and preservation of existing trees, soils, vegetation,
watercourses, habitat areas and/or drainage areas;
The site has been fulfy developed. The applicant's Existing Conditions plan identifies a
number of trees at the perimeter of the site. The applicant does not intend to remove any of
these trees. Other than the landscaped areas at the perimeter of the site, there are no
natural resources to protect or preserve.
Requiring the dedication of sufficient open land area for a greenway adjoining and
within the floodplain when land form alterations and development are allowed within
the 100-year floodplain; and
The subJ'ect site is approximately 290 feet north of the floodplain of Ash Creek, a tributary to
Fanno Creek. Shady Lane is located between the site and Ash Creek. The project is not
located in the 100-year floodplain. No land form alterations are proposed in this application.
Requiring the construction of a pedestrian/bicycle pathway within the floodplain in
accordance with the adopted pedestrian/bicycle pathway plan.
The subject site is not within or adjacent to the floodplain for Ash Creek.
FINDING: The Hearings Officer may impose conditions on the approval of a conditional
use, which are found necessary to ensure the use is compatible with other uses
in the vicinity, and that the impact of the proposed use on the surrounding uses
and public facilities is minimized. Staff recommends the Hearings Officer require
conditions of approval for additional screening of the parking lot from SW Shady
Lane, a detailed sign application, and a lighting plan. Discussion of these issues
and recommended conditions of approvaf are included under Section B, below.
ADDITIONAL DEVELOPMENT STANDARDS FOR CONDITIONAL USE TYPES:
There are no additional development standards for commercial outdoor entertainment that
require conditional use approval. This section is not applicable.
Rainbow Park&Playground PAGE 8 OF 24
2/13/06 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
B. APPLICABLE DEVELOPMENT CODE STANDARDS
SITE DEVELOPMENT REVIEW 18.360)
ursuan o .��i�6 , t e proposed development is a minor modification to an
existing development. According to 18.360.060.C. a minor modification shall be
approved, approved with conditions or denied following the Director's review based
on the finding that the proposal is consistent with the applicable requirements of the
Community Development Code.
The proposal's consistency with these Code Chapters is reviewed in the following sections.
COMMERCIAL ZONING DISTRICTS (18.520)
IOfU�IOfi� se ommercia is ric . TFe MUC zoning district includes land around
e as ing on quare a an an immediately west of Highway 217. Primary uses
permitted include office buildings, retail, and service uses. Also permitted are mixed-
use developments and housing at densities of 50 unites per acre. Larger buildings are
encouraged in this area with parking under, behind or to the sides of buildings.
Section 18.520.050 States that development standards in commercial zoning districts
are contained in Table 18.520.2 below:
TABLE 18.520.2
DEVELOPMENT STANDARDS IN COMMERCIAL ZONES
STANDARD MUC PROPOSED
Minimum Lot Size None NA
Avera e Lot Width None NA
Minimum Setbacks
- Front yard 0 ft [19] 86 ft
-Side facing street on corner 8 through lots 0 ft [19] 40-60 ft
-Side yard 0 ft [19/20] 16 ft
-Side or rear yard abutting more restrictive zoning district NA
- Rear yard 0 ft [19120] 10 ft
- Distance between front of garage & property line abutting a NA NA
ublic or rivate street.
MinimumlMaximum Hei ht 2 stories/200 ft 1 sto existin
Maximum Site Covera e 85% 83.1%
Minimum Landsca e Re uirement 15°/a 16.9%
[19J For Commercial and Mixed-use developments,the maximum front and sVeet side yard setback is 10 feet.
(20j Side and rear yard setbacks shall be 20 feet when the zone abuts residential districts shown in Section 18.510.020 except R-25 and R-40.
FINDING: Based on the information provided in the narrative and on the site plan, the
development standards in the MUC zone are not satisfied. However, pursuant to
18.630.020 below, for existing non-conforming structures, these standards need
not be met.
WASHIGNTON SQUARE STANDARDS (18.630)
eve opmen an ar s. evelopment must comply with all applicable
development standards contained in the underlying zoning district, except where the
applicant has obtained variances or ad'ustments in accordance with Chapters 18.370,
and Sub-Sections C through E of this �ection, and all other applicable standards and
requirements contained in this title.
The proposed development is a change in use for an existing building. Minor changes to the
site access, parking and landscaping are proposed. No variances or adjustment are
proposed. The proposed pro�ect is not a phased development nor does it contain a residential
use. Density for the sub�ect site is 1.25 FAR. However, pursuant to 18.63.020.B below,
existing developments which do not meet the standards may continue to exist and be altered
consistent with 18.630.030. The proposed development is consistent with the applicable
standards of the Tigard Development Code as reviewed in this staff report.
Rainbow Park 8 Playground PAGE 9 OF 24
2/13/06 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
Development Standards. Development standards which apply within mixed-use zones
in the Washington Square Regional Center are contained in Table 18.520.2. Existing
developments which do not meet the standards specified for a particular district may
continue in existence and be altered subject to the provisions of Section 18.630.030.
The proposed development is a change in use for an existing buildin�. Certain changes to the
site are proposed consistent with the applicable standards of the Tigard Development Code
as reviewed in this staff report.
18.630.030 Pre-Existing Uses and Developments within the Washington Square
Regional Center Mixed Use Districts: Notwithstanding the provisions of Section
18.760.040, uses prohibited and structures that would be nonconforming in any of the
Regional Center Mixed Use zoning districts that were lawfully in existence at the time
of adoption of the Regional Center Mixed Use districts are considered to be approved
uses and structures. However, future additions, expansions, or enlarg ements to such
uses or structures, shall be limited to the property area and use lawfully in existence at
the time of adoption of this ordinance, February 22, 2002.
According to Washington County records, the use lawfully in existence as of February 22,
2002 was office and auto rental (NW Auto Rental), which had existed since 1989 when the
use changed from an auto service station. No changes other than cosmetic improvement are
proposed to the structure. The proposed site improvements include access changes and
landscaping limited to the subject property area, consistent with this standard.
An addition, expansion, or enlargement of such lawfull� preexisting uses and
structures up to twenty (20°/a) of the gross floor area lawfully in existence at the time of
adoption of this ordinance will be allowed provided the applicant of such proposed
addition, expansion or enlargement demonstrates substantial compliance with all
appropriate development standards in this code, or that the applicant demonstrates
that the purposes of applicable development standards are addressed to the extent
that the proposed addition, expansion or enlargement allows.
The proposed development is a change in use including retail sales and outdoor entertainment,
but no enlargement of the existing building, consistent with this standard.
18.630.050 requires all development to meet specific site design standards. The standard
for a walkway connection is applicable and is required between a building's entrance
and a public street or accessway. This walkway must be at least six feet wide and be
paved with scored concrete or modular paving materials. Building entrances at a
corner adjacent to a. public street intersection are required. These areas shall
contribute to the minimum landscaping requirement per Section 18.520.040.B and
Table 18.520.2.
The applicant has proposed and has shown on the preliminary development plan a six-foot
wide walkway.connection between the sidewalk on Shady Lane and the front of the existing
building, consistent with this standard.
18.630.060 requires all new buildings constructed in the MUC, MUE and MUR zones
within the WSRC shall comply with the followin� design standards. Variance to these
standards may be granted if the criteria found in Section 18.370.010.C.2, criteria for
granting a variance, is satisfied.
No new buildings are proposed, therefore, this standard is not applicable.
18.630.070: In addition to the requirements of Chapter 18.780 of the Development Code
the following standards shall be met:
1. non-residential developments within the MUC zone shall meet the sign requirements
for the commercial zones, Section 18.780.130.C;
2. Sign area limits. The maximum sign area limits found in Section 18.780.130 shall not
be exceeded. No area limit increases will be permitted.
Rainbow Partc�Playground PAGE 10 OF 24
2/13/06 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
3. Height limits. The maximum height limit for all signs except wall signs shall be 10
feet. Wall signs shall not extend above the roofline of the wall on which the sign is
located. No height increases will be permitted.
4. Sign location. Freestanding si�ns within the Washington Square Regional Center
shall not be permitted within required L-1 landscape areas.
The proposal includes use of the existing free standing pole sign in the northeast corner of the
site and the wall sign that is on the Chimney area of the building. The other existing free standing
sign on Shady Lane will be removed. Pursuant to 18.630.030 the use of these structures may
continue.
18.630.090 Landscapin� and Screenin�
Two levels of landscaping and screening standards are applicable. The locations
where the landscaping or screening is required and the depth of the landscaping or
screening are defined in other sub-sections of this section. These standards are
minimum requirements. Higher standards may be substituted as long as all height
limitations are met.
1. L-1 Low Screen. For general landscaping of landscaped and screened areas within
parking lots and along local collectors and local streets, planting standards of Chapter
18.745 Landscaping and Screening, shall apply. In addition the L-1 standard applies to
setbacks on ma�or and minor arterials, and where parking lots abut public streets.
Where the setback is a minimum of 5 feet between the parking lot and a street, trees
shall be planted at 3'/z inch caliper, at a maximum of 28 feet on center. Shrubs shall be
of a variety that will provide a 3 foot high screen and a 90% opacity within one year.
Groundcover plants must fully cover the remainder of landscape area within two
years.
2. L-2 General Landscaping. For general landscaping of landscaped and screened
areas within parking lots, and along local collectors and local streets, planting
standards of Chapter 18.745, Landsca ing and Screening, shall apply. In addition,
trees shall be provided at a minimum 2'�inch caliper, at a maximum spacing of 28 feet.
Shrubs shall be of a size and quality to achieve the required landscaping or screening
effect within two years.
The proposed site is bordered on the south by SW Shady Lane, a local street. The applicant's
narrative states and the site plan shows new street trees, 31/2 inch caliper, spaced at
approximately 28-foot centers. The narrative states shrubs will provide adequate screening but
does not provide specifications to ensure the standard will be met. The proposed 9-space
parking lot does not contain any trees. At least one tree would be req uired to meet the minimum
spacing standard. Therefore, the applicant will be conditioned to submit a landscape plan that
meets the minimum landscaping and screening standards.
FINDING: The applicable Washington Square Standards have not all been met. With
a condition of approval for the landscaping standards, the proposed
development may be met.
CONDITION: The applicant shall submit a landscape plan that meets the minimum
landscaping and screening standards of the Washington Square Regional
Center,TDC 18.630.090.
ACCESS EGRESS AND CIRCULATION (18.705)
A�uiT�ing or o er permi s a e issued until scaled plans are presented and
approved as provided by this chapter that show how access, egress and circulation
requirements are to be fulfilled. The applicant shall submit a site plan.
The applicant submitted an existing conditions plan that shows the two access points on SW
Shady Lane. The applicant proposes to eliminate the western access and retain the east
access to the existing parking lot. This criterion is satisfied.
Rainbow Park&Playground PAGE 11 OF 24
2/13/06 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
Atl vehicular access and egress as required in Sections 18.705.030H and 18.705.0301
shall connect directly with a public or private street approved by the Cit� for public
use and shall be maintained at the required standards on a continuous basis.
The site has frontage on SW Shady Lane, a public street, and the existing access connects
directly with the site. This criterion is satisfied.
Required Walkway Location
On-site pedestrian walkways shall comply with the following standards:
Walkways shall extend from the ground floor entrances or from the ground floor
landing of stairs, ramps, or elevators of all commercial, institutional, and industrial
uses, fo the streets which provide the required access and egress. Walkways shall
provide convenient connections between buildings in multi-building commercial,
institutional, and industrial complexes. Unless impractical, walkways shall be
constructed between new and existing developments and neighboring developments;
The applicant has indicated that a concrete walkway will be extended from the entrance of
the existing building to SW Shady Lane. This criterion is satisfied.
Within all attached housing (except two-family dwellings) and multi-family
developments, each residential dwelling shall be connected by walkway to the
vehicular parking area, and common open space and recreation facilities;
This criterion is in applicable to this proposal.
Wherever required walkways cross vehicle access driveways or parking lots, such
crossings shall be designed and located for pedestrian safety. Required walkways
shall be physically separated from motor vehicle traffic and parking by either a
minimum 6-inch vertical separation (curbed) or a minimum 3-foot horizontal
separation, except that pedestrian crossings of traffic aisles are permitted for
distances no greater than 36 feet if appropriate landscaping, pavement markings, or
contrastin� pavement materials are used. Walkways shall be a minimum of four feet in
width, exc usive of vehicle overhangs and obstructions such as mailboxes, benches,
bicycle racks, and sign posts, and sl�all be in compliance with ADA standards;
The applicant's plans show there are no required walkways crossing the vehicular access or
parking area. The plans indicate the proposed sidewalks are concrete and six feet in width
consistent with this standard.
Required walkways shall be paved with hard surfaced materials such as concrete,
asphalt, stone, brick, etc. Walkways may be required to be lighted and/or signed as
needed for safety purposes. Soft-surfaced public use pathways may be provided only
if such pathways are provided in addition to required pathways.
The applicant is proposing to construct all sidewalks with concrete materials, and the existing
canopy lighting will light the proposed walkways, consistent with this standard.
FINDING: As proposed, the applicant's plans meet the applicable access/egress
standards.
Access Management (Section 18.705.030.H):
Section 18.705.030.H.1 states that an access report shall be submitted with all new
development proposals which verifies design of driveways and streets are safe by
meeting adeguate stacking needs, sight distance and deceleration standards as set by
ODOT, Washington County, the City and AASHTO.
CTS Engineers has provided preliminary sight distance certification for the proposed
driveway. The applicant's plans indicate the two existing driveways will be removed and a
new driveway constructed 22.5 feet west of the east property line. The posted speed is 25
mph, requiring 280 feet of intersection sight distance in both directions along Shady Lane.
The engineer's preliminary assessment indicates that available sight distance to the west is at
Rainbow Park&Playground PAGE 12 OF 24
2/13/06 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
least 280 feet, which is well into the intersection. Available sight distance to the east is
currently only about 115 feet due to a tall row of hedges and vehicles parked on the north
side of Shady Lane.
In order to achieve adequate sight distance to the east, the engineer recommends trimming
or removing a portion of the hedges and establishing a "No Parking" zone on the north side of
Shady Lane. Discussions with the City Engineer and with a Washin�ton County LUT
Engineer have clarified that parked vehicles are not usually considered a sight distance issue
requinng posting of"No Parking " signs.
The applicant shall trim or remove a portion of the hedges in order to improve sight distance.
Upon completion of the improvements within the public ROW, the applicant's engineer shall
submit a final sight distance certification.
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.
The �lan shows that the proposed driveway onto SW Shady Lane is located approximately
160 feet from the intersection of Greenburg Road, consistent with this standard.
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.
Shady Lane is classified as a Neighborhood Route; therefore this criterion does not apply.
FINDING: As the above analysis shows, the proposed development does not meet
all of the access and egress standards. However, with the following
conditions of approval, the standards can be met.
CONDITIONS:
. The applicant.shall trim or remove a portion of the hedges in order
to improve sight distance. The applicant's engineer shall also
submit a "No Parking" plan to improve sight distance for the City
Engineer's review and approval.
. Upon completion of the improvements within the public ROW, the
applicanYs engineer shall submit a final sight distance certification.
ENVIRONMENTAL PERFORMANCE STANDARDS —CHAPTER 18.725:
equires a e era an s a e environmen a aws, ru es an regu ations be appiied to
development within the Cit� of Tigard. Section 18.725.030 Performance Standards
regulates: Noise, visible emissions, vibration and odors.
Noise. For the purposes of noise regulation, the provisions of Sections 7.41.130 through
7.40.210 of the Tigard Municipal Code shall apply.
Rainbow Park&Playground PAGE 13 OF 24
2/13/06 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
Visible Emissions. Within the Commercial zoning districts and the Industrial Park (I-P)
zoning district, there shall be no use, operation or activity which results in a stack or
other point- source emission, other than an emission from space heating, or the emission
of pure uncombined water (steam) which is visible from a property line. Department of
Environmental Quality (DEQ) rules for visible emissions (340-2'f-015 and 340-28-070)
apply.
Vibration. No vibration other than that caused by highway vehicles, trains and aircraft is
permitted in any given zoning district, which is discernible without instruments at the
property line of the use concerned.
Odors. The emissions of odorous gases or other matter in such quantities as to be
readily detectable at any point beyond the property line of the use creating the odors is
prohibited. DEQ rules for odors (3�i0-028-090) apply.
Glare and heat. No direct or sky reflected glare, whether from floodlights or from high
tem perature processes such as combustion or welding, which is visible at the lot line
shall be permitted, and; 1) there shall be no emission or transmission of heat or heated
air which is discernible at the lot line of the source; and 2) these regulations shall not
apply to signs or floodlights in parking areas or construction equipment at the time of
construction or excavation work otherwise permitted by this title.
Insects and rodents. All materials including wastes shall be stored and all grounds
shall be maintained in a manner which will not attract or aid the propagation of insects
or rodents or create a health hazard.
There is no evidence in the record that would suggest that any problems associated with noise,
emissions, vibrations, odors, glare and heat, or insects and rodents would result from this
specific development.
FINDING: Based on the information provided by the applicant, the use of the property will
conform to the above requirements. If for some reason the above standards
were in question, and it was subsequently found that the use was out of
compliance with any of the above standards, the property owner would be
subject to code enforcement, court review, possible fines, and revocation of the
Conditional Use Permit.
LANDSCAPING AND SCREENING —CHAPTER 18.745:
treet rees: ec ion . . s a es a a evelopment proJ ects fronting on a
public street shall be required to plant street trees in accordance with Section
18.745.040.0 Section 18.745.040.0 required that street trees be spaced between 20
and 40 feet apart depending on the size classification of the tree at maturity (small,
medium or large).
The pro1'ect has frontage on SW Shady Lane and Greenburg Road. The applicant has
indicated in the narrative and on the site plan that they intend to plant street trees along that
frontage of SW Shady Lane, but has not address the parcel's Greenburg Road frontage. In
addition, the applicant has not provided the species name of the trees to be planted. Staff
cannot make findings that this criterion is satisfied.
Therefore, the applicant shall submit a revised landscape plan showing the required street
trees on SW Shady Lane and Greenburg Road including information on the species, size,
and location of the proposed street trees for the City Forester's review and approval.
Land Use Buffering and Screening:
Buffering and Screening is required between different types of land uses.
The existing building is in the MUC zone and is adjacent to other developments in the same
zone. The only requirement applicable to this development is,the screening of the parking areas
which is discussed in the next segment of this discussion. This criterion is satisfied.
Rainbow Park 8 Playground PAGE 14 OF 24
2113/06 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
Screening of parking and loading areas is required. The specifications for this
screening are as foflows: 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;
The applicant has provided a site plan that shows existing and new landscaped areas with
trees. However, the parking areas need to be effectively screened from view. There is no
evidence in the file that the southern border of the parking area along SW Shady Lane will
meet the standard. Therefore, this criterion is not fully satisfied.
Therefore, the applicant shall submit a landscape plan with sufficient detail to demonstrate
the parking areas will be effectively screened from view.
Trees shall be planted in landscaped islands in all parking areas, and shall be equally
distributed and on the basis of one tree for each seven parking spaces in order to
provide a canopy effect; and
The applicant's plan includes 9 parking spaces with two trees proposed on the Shady Lane
side of the parking lot, consistent with tf�is standard.
The minimum dimension of the landscape islands shall be three feet and the
landscaping shall be protected from vehicular damage by some form of wheel guard or
curb.
The landscape plan shows trees planted within 5-foot planter strips parallel with the parking
space, consistent with this standard.
Screening of service facilities. Except for one-family and two-family dwellings, any
refuse container or disposal area and service facilities such as gas meters and air
conditioners which would othervvise be visible from a public street, customer or
resident parking area, any �ublic facility or any residential area shall be screened from
view by placement of a solid wood fence or masonry wall between five and eight feet
in height. All refuse materials shall be contained within the screened area;
The applicant's plans show the refuse and recycling area is behind the building as seen from
Shady Lane and is further screened by a concrete block wall. However, other service facilities
have not been addressed.
Therefore, a condition requiring the applicant to submit a revised site plan demonstrating all
service facilities are effectively screened from view shall be imposed.
Screening of refuse containers. Exce�t for one- and two-family dwellings, any refuse
container or refuse collection area which would be visible from a public street, parking
lot, residential or commercial area, or any public facility such as a school or park shall
be screened or enclosed from view by pfacement of a solid wood fence, masonry wall
or evergreen hedge. All refuse shall be contained within the screened area.
As addressed above, this standard is met with the existing placement behind the building and
wall.
FINDING: The proposal does not meet all of the requirements of the landscaping and
screening chapter. With the following conditions of approval these standards can
be met.
CONDITIONS:
• The applicant shall submit a revised landscape plan showing the
required street trees on SW Shady Lane and Greenburg Road
including information on the species, size, and location of the
proposed street trees for the City Forester's review and approval.
Rainbow Park&Playground PAGE 15 OF 24
2/13/06 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
. The applicant shall submit a landscape plan with sufficient detail
to demonstrate the parking areas will be effectively screened from
view.
• The applicant shall submit a revised site plan demonstrating all
service facilities are effectively screened from view shall be
imposed.
NONCONFORMING SITUATIONS (18.760)
o� orming eve opmen . ere a lawful structure exists at the effective date of
adoption or amendment of this title that could not be built under the terms of this title
by reason of restrictions on lot area, lot coverage: height, yard, equipment, its
location on the lot or other requirements concerning the structure, such structure
may be continued so long as it remains otherwise lawful, subject to the following
provisions: a. No such nonconforming structure may be enlarged or altered in a
way which increases its nonconformity but any structure or portion thereof may be
enlarged or altered in a way that satisfies the requirements of this title or will decrease
its nonconformity.
The existing building, built in 1971 as an auto service station, was converted in 1989 to office
and car rental uses. The building existed prior to the effective date of any City of Tigard land
use standards. The yard dimensions do not conform to the current development sfandards,
specifically the 85 foot front yard setback is inconsistent with the required 0-10-foot setback.
Therefore, the existing building is, nonconforming. Only minor cosmetic changes are
proposed to the existing building which would not increase its nonconformity, consistent with
this standard.
OFF-STREET PARKING AND LOADING (18.765)
ur�suan��fiDZ�Tb`�: , w en an exis ing structure is changed from one use to
another use as listed in Section 18.765.070, the following provisions shall apply:
1. If the parking requirements for each use are the same, no additional vehicle parking
shall be required;
2. Where a change results in an intensification of use in terms of the number of vehicle
parking spaces required, additional vehicle parking spaces shall be provided in an
amount equal to the difference between the number of spaces required for the existing
use and the number of spaces required for the more intensive use;
3. Where the change results in a decrease in intensity of use, the applicant may
eliminate excess vehicle parking spaces in an amount equal to the difference between
the number of spaces required for the existing use and the number of spaces required
for the less intensive use. At the time of the erection of a new structure within any
zoniny district, off-street vehicle parking will be provided in accordance with Section
18.765.070.
The applicant proposes 9 parking spaces. The subJ�ect site is located within the Metro Zone
A. The minimum for the previous auto storage, sales and rental use was 1.0 spaces/1,000
square feet. The maximum was 1.3/1,000 square feet. The minimum spaces required for the
proposed outdoor entertainment use is 4.0/1,000 sq uare feet and 3.7/1,000 square feet for
general retail sales; maximum required spaces include 4.5/1,000 and 5.1/1,000, respectively
Therefore, the proposed uses will require a minimum of 8 spaces (2,000 x 4.0/spaces/1,000)
and a maximum of 10 (2,000 x 5.1) parking spaces. Therefore, this standard is met.
With regard to access to public streets from off-street parking:
Access drives from the street to off-street parking or loadin� areas shall be designed
and constructed to facilitate the flow of traffic and provide maximum safety for
pedestrian and vehicular traffic on the site; The number and size of access drives shall
be in accordance with the requirements of Chapter, 18.705, Access, Egress and
Circulation;
As discussed earlier in this report, this criterion is satisfied.
Rainbow Park&Playground PAGE 16 OF 24
2J13/O6 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
Access drives shall have a minimum vision clearance in accordance with Chapter
18.795, Visual Clearance;
Vision clearance is discussed later in this report. This criterion is satisfied.
Access drives shall be improved with an asphalt or concrete surface;
The applicant has proposed to pave the access and all parking areas. This standard is
satisfied.
Excluding single-family and duplex residences, except as provided by Subsection
18.810.030P, groups of two or more parking spaces shall be served by a service drive
so that no backing movements or other maneuvering within a streef or other public
right-of-way will be required.
The parking spaces are serviced by two-way access proposed within this project, and there is
room for service vehicles to turn around and enter the street so that no backing movement
will be required. This standard is satisfied.
Parking Lot Striping:
Except for singfe-family and duplex residences, any area intended to be used to meet
the off-street parking requirements as contained in this Chapter shall have all parking
spaces clearlx marked; and all interior drives and access aisles shall be clearly
marked and signed to show direction of flow and maintain vehicular and pedestrian
safety.
The applicant has indicated that the parking lot will be striped but has not indicated direction
arrows on the plans. This standard is not met. Therefore, the applicant will be conditioned to
include parking lot striping, consistent with this standard.
Wheel Stops:
Parking spaces along the boundarie� of a parking lot or adjacent to interior landscaped
areas or sidewalks shall be provided with a wheel stop at least four inches high located
three feet back from the front of the parking stall. The front three feet of the parking stall
may be concrete, asphalt or low lying landscape material that does not exceed the height
of the wheel stop. This area cannot be calculated to meet landscaping or sidewalk
requirements.
The applicant has not �roposed concrete curbs at the ed�es of paving adjacent to planting
areas, nor have they indicated within the narrative or site plan that wheel stops will be
provided if curbs are not provided. This criterion has not been met.
Therefore, the applicant shall submit a revised site plan including wheel stops as required by
the TDC Chapter 18.765.
Space and Aisle Dimensions:
Table 18.765.1. outlines the minimum dimensions for angled parking.
The proposal identifies a total of 9 spaces utilizing 90-degree parking. Staff review of the
parking plan illustrates compliance with Figure 18.765.1. This criterion is satisfied.
Minimum Bicycle Parking Requirements:
The total number of required bicycle parking spaces for each use is specified in Table
18.765.2 in Section 18.765.070.H. ln no case shall there be less than two bicycle parking
spaces. The Director may reduce the number of required bicycle parking spaces by
means of an adjustment to be reviewed throu�h a Type II procedure, as governed by
Section 18.390.040, using approval criteria contained in Section 18.370.020.C.5.e.
Rainbow Park 8 Playground PAGE 17 OF 24
2/13/06 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
Table 18.762.2 requires 1 bicycle space ( 4/1,000 x 2,000 square feet). Yet, a minimum of two
spaces must be provided. The applicant has provided one bicycle parking space as shown on
the site plan. The proposal does not meet the standard. In addition, the applicant has illustrated
and briefly discussed a bicycle-parking scheme for the proposal; however, there is no
discussion of the design as required by TDC Section 18.765.050.
Therefore, the applicant shall submit a revised site plan that includes two bicycle parking
spaces which are designed and constructed to the standards that are identifiied in TDC
Section 18.765.050.
Off-street loading requirements:
Off-street loading spaces: Commercial, industrial and institutional buildings or
structures to be built or altered which receive and distribute material or merchandise
by truck shall provide and maintain off-street loading and maneuvering space as
follows:
. A minimum of one loading space is required for buildings with 10,000 gross square
feet or more;
. A minimum of two loading spaces for buildings with 40,000 gross square feet or
more.
The existing building is approximately 2,000 square feet. Therefore, the off-street loading
standards do not apply.
FINDING: The off-street parking and loading standards for parking lot striping,
bicycles, and wheel stops have not been met. However, with the following
condition of approval these standards can be met.
CONDITIONS:
• The applicant shall submit a revised site plan including parking lot
striping.
• The applicant shall submit a revised site plan including wheel
stops as required by the TDC Chapter 18.765.
. Therefore, the applicant shall submit a revised site, plan that
includes two bicycle parking spaces which are designed and
constructed to the standards that are identified in TDC Section
18.765.050.
SIGNS 18.780 :
equires a a permit be issued for any sign that is erected, re-erected, constructed,
structurally altered, or relocated within the City Limits.
The applicant has indicated that they intend to use the existing pole sign and wall
("chimney") sign structures. However, no application was submitted for the signs at this time.
Staff cannot verify compliance with the sign requirements without all of the information.
Signs can be applied for at a later date, which is often times the case with most projects.
FINDING: The applicant has indicated the need for signage, but did not provide an
application or the necessary information for staff review.
CONDITION:Prior to placement of any signs on site, the applicant shall apply for a sign
permit and supply staff with the appropriate plans to verify compliance with T6C
Chapter 18.780 and 18.630.070.
Rainbow Park&Playground PAGE 18 OF 24
2113/06 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
TREE REMOVAL — CHAPTER 18.790:
ec ion . . requires a a ree plan for the planting, removal and protecti.on of
trees prepared by a certified arborist be provided for a conditional use application.
The tree plan shall include identification of all existing trees, Identification of a
program to save existing trees or mitigate tree removal over 12 inches in caliper,
identification of which trees are proposed to be removed, and a protection program
defining standards and methods that will be used by the applicant to protect frees
during and after construction.
The applicant has not provided a tree survey, but has shown existing trees on the site plan.
According to the applicant s narrative, none of the trees will be removed. As an existing
development with only minor improvements to the site it is not expected that any site
improvements would harm existing trees. As proposed no mitigation would be required. The
applicant has been required under previous sections of this report to provide additional
landscaping including street and parking lot trees. Therefore, the tree removal standards
have been substantially met.
VISUAL CLEARANCE AREAS — CHAPTER 18.795:
ec ion . . . . s a es a e 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 an-site parking or loading
requirements or which changes the access requirements.
Section 18.795.030.B. states that a clear vision area shall contain no vehicle, hedge,
planting, fence, wall structure or tem�orary or permanent obstruction (except for an
occasional utility pole or tree), exceeding three feet in height, measured from the top
of the curb, or where no curb exists, from the street center line grade, exce pt that trees
exceeding this height may be located in this area, provided alI branches below eight
feet are removed.
The applicant has indicated in the narrative that a clear vision area will be maintained. A site
distance certification letter provided by CTS Engineers proposes hedge trimming and posting no
street parking signs on SW Shady Lane to m�tigate for visual clearance and sight distance
obstructions. The applicant shall submit a revised site plan showing the visual clearance triangle
for the intersection of the driveway and SW Shady Lane.
FINDING: Based on the analysis above, the vision clearance standards have not been met.
CONDITION:The applicant shall submit a revised site plan showing the visual clearance
triangle for the intersection of the driveway and SW Shady Lane.
STREET AND UTILITY IMPROVEMENTS STANDARDS CHAPTER- 18.810:
ap er . provi es cons ruc ion stan ar s or e imp emen a ion of public and
private facilities and utilities such as streets, sewers, and drainage. The applicable
standards are addressed below:
Streets:
Improvements:
Section 18.810.030.A.1 states that streets within a development and streets adjacent
shall be improved in accordance with the TDC standards.
Section 18.810.030.A.2 states that any new street or additional street width planned as
TDCrtion of an existing street shall be dedicated and improved in accordance with the
Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires an arterial
street to have a 64 to 128-foot right-of-way width and varied paved section. Other
improvements required may include on-street parking, sidewalks and bikeways,
underground utilities, street lighting, storm drainage, and street trees.
Rainbow Park&Playground PAGE 19 OF 24
2/13/06 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
This site lies adJ'acent to SW Shady Lane, which is classified as a Neighborhood Route on the
City of Tigard Transportation Plan Map. At present, there is approximately 60 feet of ROW,
according to the most recent tax assessor's map. The applicant does not need to provide
additional ROW.
SW Shady Lane is currently improved with a 40 foot paved section. In order to mitigate the
impact from this development, the applicant should provide street trees.
The site also lies adjacent to Greenburg Road and the Highway 217 on-ramp. Greenburg
Road is classified as an Arterial requiring a minimum of 104 feet of ROW. At present, there is
well over 104 feet of ROW. No additional ROW is required.
Greenburg Road is currently improved and no additional improvements are required with this
development.
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.
By constructing a concrete sidewalk along the Shady Lane frontage to ODOT standards, this
criterion will be met.
Sanitary Sewers:
Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to
serve each new development and to connect developments to existing mains in
accordance with the provisions set forth in Design and Construction Standards for
Sanitary and Surface Water Management (as adopted by Clean Water Services in 1996
and including any future revisions or amendments) and the adopted policies of the
comprehensive plan.
Over-sizing:
Section 18.810.090.0 states that proposed sewer systems shall include consideration
of additional development within the area as projected by the Comprehensive Plan.
The applicant's plans indicate the existing facility is served by a lateral that runs south across
Shady Lane. The applicant intends to reuse the existing sewer lateral. A connection permit
will be required.
Storm Drainage:
General Provisions: Section 18.810.100.A states reyuires developers to make
adequate provisions for storm water and flood water runoff.
There are no upstream drainage areas that impact this development.
Effect on Downstream Drainage:
Section 18.810.100.D states tFiat where it is anticipated by the City Engineer that the
additional runoff resultin from the development will overload an existing draina e
facility,, the Director and �ngineer shall withhold approval of the development un�il
provisions have been made for improvement of the potential condition or until
provisions have been made for storage of additional runof� caused by the development
in accordance with the Desi n and Construction Standards for Sanitary and Surface
Water Management (as adop�ed 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 Mana ement Plan. Section V of that plan includes a
recommendation that local governmen�s institute a stormwater detention/effective impervious
area reduction prog ram resulting in no net increase in storm peak flows up to the 25-year
event. The City wi�l 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.
Rainbow Park&Playground PAGE 20 OF 24
2113/O6 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
The proposed development is not increasing the impervious surface area by more than 5000
square feet, therefore detention is not required.
Bikeways and Pedestrian Pathways:
Bikeway Extension: Section 18.810.110.A states that develoQments adjoining
proposed bikeways identified on the City's adopted pedestrian/bikeway plan shall
include provisions for #he future extension of such bikeways through the dedication of
easements or right-of-way.
SW Shady Lane is not classified as a bicycle facility. Therefore, this standard does not apply.
Utilities:
Section 18.810.120 states that all utility lines, but not limited to those required for
electric, communication, lighting and cable television services and related facilities
shall be placed underground, except for surface mounted transformers, surface
mounted connection boxes and meter cabinets which may be placed above �round,
temporary utility service facilities during construction, high capacity electric lines
operating at 50,000 volts or above, and:
. The developer shall make all necessary arrangements with the serving utility to
provide the underground services;
. The City reserves the right to approve location of all surface mounted facilities;
. All underground utilities, including sanitary sewers and storm drains installed in
streets by the developer, shall be constructed prior to the surfacing of the
streets; and
. Stubs for service connections shall be long enough to avoid disturbing the
street improvements when service connections are made.
Exception to Under-Grounding Requirement:
Section 18.810.120.0 states that a developer shall pay a fee in-lieu of under-grounding
costs when the development is proposed to take place on a street where existing
utilities which are not underground will serve the development and the approval
authority determines that the cost and technical difficulty of under-�rounding the
utilities outweighs the benefit of under-grounding in conjunction with the
development. The determination shall be on a case-by-case basis. The most
common, but not the only, such situation is a short frontage development for which
under-grounding would result in the placement of additional poles, rather than the
removal of above-ground utilities facilities. An applicant for a development which is
served by utilities which are not underg round and which are located across a public
right-of-way from the applicant's property shall pay a fee in-lieu of under-grounding.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY
Public Water System:
Tualatin Valley Water District (TVWD) provides service in this area. The applicant shall
contact TVWD for any required permits.
Storm Water Quality:
The City has agreed to enforce Surface Water Management (SWM} regulations
established by Clean Water Senrices (CWS) Design and Construction Standards
(adopted by Resolution and Order No. Od-7) which require the construction of on-site
water qual�ty 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.
Rainbow Park&Playground PAGE 21 OF 24
2/13/06 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
Prior to construction, the applicant shall submit plans and calculations for a water quality
facility that will meet the intent of the CWS Design Standards. In addition, the applicant shall
submit a maintenance plan for the facility that must be reviewed and approved by the City
prior to construction.
The applicant disagrees with the City's requirement of providing an on-site water quality
facility. The applicant discusses a phone conversation he had with Jackie Humphries of
CWS on November 21, 2005. Jackie was quoting the CWS standards for improvements with
regards to sensitive areas and buffers, which have a 10% threshold for changes to
impervious surface areas.
In an e-mail from Jackie's supervisor, Terry Keyes, on November 22, 2005, he states that the
standards provide a definition of redevelopment (Sec. 1.02:47) which includes most an thing
that changes the existin� impervious surface area on a site. Section 1.02.14(a) (10 then
includes redevelopment in the definition of development. Section 3.12(d) (2) V�later uality
Facility Design Standards goes on to require development (which includes redevelopment) to
size water quality facilities for newly created impervious surface areas AND existing
impervious areas to remain on site.
The City staff has made the applicant aware of the requirement to provide treatment of a
reasonable amount of impervious area. Therefore, the applicant's plans shall be revised to
replace the on-site catch basins with Stormfilter catch basins.
The proposed unit from Stormwater Management is acceptable, provided the property owner
agrees to hire the manufacturer (or approved equal) to provide the required maintenance of
the unit. Prior to a final building inspection, the applicant shall demonstrate that they have
entered into a maintenance agreement with Stormwater Management, or another company
that demonstrates they can meet the maintenance requirements of the manufacturer.
Site Permit Re uired:
e app ican is required to obtain a Site Permit from the Building Division to cover all on-site
private utility installations (water, sewer, storm, etc.) and driveway construction. This permit
shall be obtained prior to approval of the final plat.
Address Assi nments:
e iyo igar is responsible for assi ning addresses for parcels within the City of Tigard
and within the Urban Service Boundary �USB). An addressing fee in the amount of $50.00
per address shall be assessed. This fee shall be paid to the City prior to issuance of the site
permit.
Recommendations:
rior o issuance o a site permit, a Public Facility Improvement (PFI) permit is required for this
project to cover half-street improvements and any other work in the public right-of-way. Six (6)
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 re ev na t 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.tiqard-or.qov).
The PFI permit plan submittal shall include the exact legat name, address and telephone number
of the individual or corporate entity who will �e3esignated 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 issuance of the Site permit, the applicant shall pay the addressing fee. (STAFF
CONTACT: Shirley Treat, Engineering).
Rainbow Park&Playground PAGE 22 OF 24
2l13/06 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
The applicant shall submit construction plans to the Engineering Department as a part of the
Public Facility Improvement permit, indicating that theX will construct the following frontage
improvements along SW Shady Lane as a part of this pro�ect:
A. street trees in the planter strip spaced per TDC requirements;
B. driveway apron removal and replacement;
C. hedges trimmed or removed along east property line.
The applicant's plans shall be revised to provide on-site water quality treatment per CWS
Section 3.12(d) (2) by either replacing the on-site catch basins with Stormfilter catch basins or
constructing a water quality pond or swale.
The applicant shall provide connection of proposed buildings to the public sanitary sewerage
system. A connection permit is required to connect to the existing public sanitary sewer system.
The applicant shall obtain approval from the Tualatin Valley Water District for the proposed water
connection prior to issuance of the City's Public Facility Improvement permit.
An erosion control plan shall be provided as part of the Public Facility Improvement (PFI� permit
drawings. The plan shall conform to the "Erosion Prevention and Sediment Control besign and
Planning Manual, February 2003 edition."
Prior to a final building inspection, the applicant shall complete any work in the public right-of-
way (or public easement) and obtain approval from the Engineering Department.
Prior to a final building inspection, the applicant shall demonstrate that they have entered into a
maintenance agreement with Stormwater Management, or another company that demonstrates
they can meet the maintenance requirements of the manufacturer, for the proposed onsite storm
wafer treatment facility. If a water quality pond or swale is constructed instead of replacing the
catch basins the applicant's engineer sFiall submit a maintenance plan to the City engineering
staff for review and approval.
Prior to a final building inspection, the applicant's engineer shall provide a final sight distance
certification.
D. IMPACT STUDY:
ec ion . . . . .e states that the applicant shall provide an impact study to
quantify the effect of development on public facilities and services. For each public
facility system and type of impact, the stud� shall propose improvements necessary to
meet City standards, and to minimize the impact of the development on the public at
large, public facilities systems, and affected private property users.
In situations where the Community Development Code requires the dedication of real
propertx interests, the applicant shall either s�ecifically concur with a requirement for
public right-of-way dedication, or provide evidence that supports that the real property
dedication is not roughly proportional to the projected impacts af the development.
The applicant has submitted an impact study addressing the required elements above. The
report substantiates that all services are currently serving the site or are capable of serving
the site. The proposed development proposal does not require any dedications. Staff has
conducted a Traffic Impact Fee analysis which demonstrates that the previous use was more
impactFul than the proposed use. Therefore, there is no transportation impact fee for the
proposed development. This standard is met.
SECTION VII. OTHER STAFF COMMENTS
The City of Tigard Engineering Department was sent this proposal for review; their
comments have been incorporated into this report.
Rainbow Park&Playground PAGE 23 OF 24
2l13/06 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
The City of Tigard Building Division has reviewed this application and offered no
comments or ob�ections.
City of Tigard Arborist has reviewed this application and offered no comments or
objections.
SECTION VIII. AGENCY COMMENTS
Clean Water Services Tualatin Valley Fire and Rescue, Tigard-Tualatin School District and
TriMet were given the opportunity to review this proposal and submitted no comments or
objections.
' Q- Februa 6 2006
. ry a enstec e
ssoci e Planner
- � Februa fi 2006
. icar so
Plannin an er
Rainbow Park&Playground PAGE 24 OF 24
2/13/06 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
. �
' �` GEOGNAPMIC INFORMATIDN SYSTEM
GO
D � � ,;� nc�N��r �
�
D � � � � � � �
0
m
CUP�005-0000�
RAI N BOW PARK
- AND PLAYGROUD
SF
�
A�Y `E0.0.�
5 �<
�'� n
�� I \BULL Q` . � RA D
_T
�J � �
� ee Fe�°
��
�� Tipard Aras Mep
�
' N
°°°BB�B
���°ooQu
o����o O � 0 2D0 10'� eet
0
Q
1'n 409 feel
o�
0
°o
00
0
City of Tigard
�AK� A InlortnaHon on this map is for generel locatbn ony anA
MoulA be vsrlfiad with Ifro Developmenl Ssrvlw�DiN�ion.
• 1J725 SW Hall Blvd
TipaM,OR 97223
' (503)839-1171
• htlp:lhrw�v.ei.tigerd.a.us
Community Development Ptot date:Dec 16,2005;C:lmagicWIAGIC03.APR
I
� _ '� _
PROPERTY LINE(TYP.) / ���
i 1,
P� E ISTINC TREE(TYV.) ' I � "i'�'.j~_J`_��I'.."�_—."__'
�o ____'_._ ' �� � I �
^ �� �� � i � --
���Q / r I 1 �
. 0�, EXISTINC SICN � I
. � B�KE RACK REFUSE/RECYCUNC
1 - ------- -'-- -
� y� � — --- —'�I------,'
,�_:
�� �' _. �------- ----
� Ex1571NC CONCRETE ` I�
O �� (� ifPICNIC AREA CURB/PANNC �"'�� .
OP t� .� N1TH SNADE �
.� Q- ,��`' CLOTH k WATER E%ISTING BUILDING
V FEANRE 2000 5.�. C.F.�.
J� ''
k,�� -� \�---- �_��
�F. New ca+cRErc
��C7 . PAVING(TYP.J �O �
� ` PLAY AREA WITH �� PEDESTRIAH --��
� ENGINEEREO W000 � AC p� PROPERTY
fIBER SURFACING I � UNE(T1'P.)
. NEw CURB (B0o0 i,f,) � --_o-_�; �.�
� �---
E%.OVERHEAO�` 7�• 16S'
CANOPY �
NEw FENCE E%. BOOiN�i �6
� . (CONNECT e� -- ,
� TO EXISTING) '---- � EXi511NG C�s.5'
i �'"'� �. ASPNALT -
� NEW CURB � NEW CURB �
� -
-- C I -�
( �
6 `V/,
� NEW SiREET TREE9 �
NEW�CONCRE7E DRI4EWAYNAPRON
NEW CONCRE7E CURB
CURB k.SIDEWALK k SiDEWALK(TYP.)
SW SHADY LANE
�_ -- -- _ -----�� � -- -- --�---- - �- --
-� I , 1-
� �� � _ ___ - _
� � T1 ..� , �
� i i �
, i_��- .1--� � �._.T -� � �
� TY OF TIGA �
crtrorncewo �' �D � I CUP2005�0000�
SITE PLAN , N I
� RAINBOW PARK & PLAYGROUND
Ma is not to scale I
�
C.tcP��- ��od�
LDC
December 16, 2005 Design Group
a Pmnti compnny
Gary Pagenstecher, Associate Planner
City of Tigard
13125 SW Hall Blvd.
Tigard, Oregon 97223
RE: Conditional Use Permit for Outdoor Entertainment
Dear Mr. Pagenstecher:
We received your letter of completeness for the Conditional Use Permit
application. Your letter gives a hearing date of February 13, 2006. We
would like to request a special hearing date of January 23, z006 in order
to expedite the review.
We first submitted this application on October 11, 2005, and received a
letter of incompleteness dated November 15. We resubmitted the
application with additional materials on December 5.
Time is of the essence for the applicant, who wants to complete the site
improvements and have the business up and running in the spring.
Saving three weeks of time would be highly beneficial to the applicant.
We recognize that this request puts additional strain on the staff, and very
much appreciate your willingness to consider it. Hopefully, the Hearings
Officer is able and willing to hold a hearing on January Z3�d, or some other
day that week.
Please call me if you have any questions. Thank you Gary.
Sinc ely,
G
Ed Murphy
Comprehensive Planning Manager
?0085 NW Tanasboume Drive
H i I I sboro,OR 97124
cc. Stan Nored, Rainbow Park and Playground P503.858.4242
Project File # 0937.001 F503.645.5500
E hillsboro@Idcdesign.com
�^;ww.ldcdesign.com
� , .. ; :� ` - , �l.t,. '
✓ Hillsboro,oR
Tillamook,oR
VanCOUVeG WA
Bellevue,WA
Cceur d'Alene,ID
Rocklin,CA :�
Clermont F�
NOTICE TO MORTGAGEE, LIEh: .�LDER,VENDOR OR SELLER:
THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE,
IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER.
CITY OF TIGARD
('ommwiity�Uer�&�p�net:t
C�� �� ������ S&apri�/a'BeuerCommunity
PUBLIC HEARIHG NOTICE
NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY
FEBRUARY 13, 2006 AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER AT 13125 SW
HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION:
FILE NO.: CONDITIONAL USE PERMIT (CUP) 2005-00002
FILE TITLE: RAINBOW PARK AND PLAYGROUND
APPLICANT: Stan Nored OWNER: Donald L. & Marlene R. Huggins
Rainbow Park and Playground Co. PO Box 1503
90496 Hwy. 99 N., Suite 2 Polson, MT 59860
Eugene, OR 97402
APPLICANT'S LDC Design Group
REP.: Attn: Ed Murphy
20085 NW Tanasbourne Drive
Hillsboro, OR 97124
REQUEST: The applicant requests Conditional Use Permit approval for the use of an existing
commercial building on a .44 acre site for retail sales of playground equipment
and the use of a portion of the outdoor area of the site for a playground for use by
the general public for fee. A conditional use permit is required to allow an outdoor
entertainment use in the Mixed-Use Commercial zone.
LOCATION: 9785 SW Shady Lane; WCTM 1 S135BD, Tax Lot 00200.
ZONE: MUC: Mixed Use Commercial District. The MUC zoning district includes land
around the Washington Square Mall and land immediately west of Highway 217.
Primary uses permitted include office buildings, retail, and service uses. Also
permitted are mixed-use developments and housing at densities of 50 unites per
acre. Larger buildings are encouraged in this area with parking under, behind or
to the sides of buildings.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.330, 18.360, 18.390, 18.520, 18.630,
18.705, 18.725, 18.745, 18.755, 18,765, 18.780, 18.790, 18.795 and 18.810..
THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF
CHAPTER 18.390 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURES ADOPTED BY
THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL.
ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL
ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED
BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 2438 (VOICE) OR (503)
684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO
THE HEARING TO MAKE ARRANGEMENTS.
ANYONE WISHING TO PRESE, . WRITTEN TESTIMONY ON THIS F�.�POSED ACTION MAY DO SO IN
WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC
HEARING. AT THE PUBLIC HEARING, THE HEARINGS OFFICER WILL RECEIVE A STAFF REPORT
PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND
WRITTEN TESTIMONY. THE HEARINGS OFFICER MAY CONTINUE THE PUBLIC HEARING TO ANOTHER
MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON
THE APPLICATION.
IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION LESS THAN SEVEN (7) DAYS PRIOR
TO THE PUBLIC HEARING, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF
THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY
REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. A
REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY HEARING
(ORS 197.763(6).
INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE
TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR
DISAPPROVAL OF THE REQUEST BY THE HEARINGS OFFICER WILL BE BASED UPON THESE CRITERIA AND
THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE
REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED.
FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE
HEARING ON THE REQUEST ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE
HEARINGS AUTHORITY AN OPORTUNITY TO RESPOND TO THE ISSUE PRECLUDES AN APPEAL TO THE
LAND USE BOARD OF APPEALS BASED ON THAT ISSUE.
ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR
INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25�) PER PAGE, OR
THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS
PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO
COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25t) PER PAGE, OR THE CURRENT RATE
CHARGED FOR COPIES AT THE TIME OF THE REQUEST.
FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER GARY PAGENSTECHER AT (503)
639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223, OR BY E-MAIL TO
qa ryp(a�tiq a rd-or.qov..
q ��G� YICINITY. � ...
p MAP
�n —______
a (—` p [ (�
m 1Uf100J'U�002
RAINBOW PARK
AND PLAYGROUD
SIT Ao� p:-��
�;.,�*Y � ',f
�'� �_'-��-���,
��
.
N
������
�
Circ o(Tip�rd
DAKOTA ..�..� �.a�
�v..�.�o�nn�+
nity avelapment dmts 1. �1map�c��A A
_ ___ _ _ __--_ ....__-- -- -- ---- — --- -
�Kim Mcmiilan - RE: Rainbow Park and Playground _CUP 2005-00002 Page 1 i
- — -- — __ `__ _ ____ _---_--- ------ ---- —-- - .
,
� I51 3573D 2ao
From: "Terry Keyes" <KeyesT@CleanWaterServices.org>
To: "Kim Mcmillan" <Kim@tigard-or.gov>
Date: 11/2 . . PM
Subject: R . Rainbow Park a Playground -CUP 2005-00002
Kim,
Here is how I explain the redevelopment rules in the standards:
The standards provide a definition of redevelopment(Sec.
1.02.47) which includes most anything that changes the existing
impervious area on a site. Section 1.02.14(a)(10) then includes
redevelopment in the definition of development.
In regard to sensitive areas and buffers, the standards have a
10% threshold for changes to impervious surfaces (Sec. 3.02.1(e)(2)).
This 10% threshold does NOT exist for addressing water quality and
quantity issues. Therefore, the following sections must be met by
redevelopment projects:
3.05.3 - Review of Downstream System
This section states that creation of more than 5,000 sq.
ft. requires review of the downstream system. If an applicant is merely
moving surfaces around, e.g., reconfiguring a parking lot, and not
adding more than 5,000 sq.ft. of new impervious surface, then they are
off the hook for a downstream analysis.
3.11.3 -Water Quantity Facility Design Criteria
Since redevelopment is a subset of development, this
section can be used to require quantity control for a project. However,
since the detention calcs are based on an increase in impervious area,
projects which reduce impervious areas do not need to deal with
quantity.
3.12(d)(2) -Water Quality Facility Design Standards
This section requires developments (which include
redevelopment) to size water quality facilities for newly created
impervious surfaces AND existing impervious areas to remain on site. We
have been known to use some discretion when the redevelopment of a site
is very minor. For example, we have entertained allowing the worse areas
of a private site to be treated with Stormfilter catch basins rather
than requiring the entire site be treated. We have also not required
treatment when the project reduced impervious surface or was very, very
minor in scope compared to the size of the site.
I hope this helps in answering Ed's questions.
Terry W. Keyes, P.E.
Development Services Manager
Clean Water Services
503-681-3650
keyest@cleanwaterservices.org
-----Original Message-----
From: Kim Mcmillan [mailto:Kim@tigard-or.gov]
Sent: Monday, November 21, 2005 9:37 AM
To: Terry Keyes
Subject: Fwd: Rainbow Park and Playground - CUP 2005-00002
__...___ _ __ --- ___ _____ _ ----- ---- ---------- —--- — _ -----.._.__�r_..
. _ __
Kim Mcmillan - RE: Rainbow Park and Playground - CUP 2005-00002 Page 2
Terry,
I'm trying to be diligent in having "development" provide for water
quality. Could you read Ed's e-mail and let me know what you think. I
have told him to provide water quality for all impervious surface area
runoff. Again, I am willing to look at what can be reasonably
accomplished.
Thank you,
Kim
»> "Ed Murphy" <MurphyE@Idcdesign.com> 11/18 4:20 PM »>
Hi Kim. I received your completeness checklist dated 11-15-05. Under
Storm Drainage and Water Quality, you wrote"Must provide water quality
treatment for all impervious surface area, existing and proposed", and
"Show water quality facility".
I reviewed the Clean Water Services Design and Construction Standards
manual, and spoke to Jackie Humphreys at Clean Water Services-- (503)
681-5101. The site is being redeveloped, as defined in Section 1.02.47,
mostly because it includes reconfiguration of an existing driveway,
which thereby alters the existing improved impervious area on the
property. For redevelopment activities, Section 3.02.1.e.2) applies,
which states that Section 3.02 shall apply only when the activity alters
10% or more of existing improved impervious area within 100 feet of the
Sensitive Area. The subject property is over 100 feet from a Sensitive
Area. We submitted a SPL from CWS's with our application, which says
that any sensitive area appears to be at least 200 feet away.
Further,
the applicant is proposing to alter less than 10% of the existing,
improved impervious area. (It is actually 3.4%. There will be 95
square feet of impervious surface added, but 462 square feet of
impervious surface removed, for a net reduction of impervious surface of
367 square feet.)
Jackie says that it would appear to her, based on the fact that the site
is over 100 feet away from a sensitive area and we are altering less
than 10% of the existing improved impervious area, that storm water
quality facility would not be required. But she said the City may
require it, even if CWS's would not.
So my question is, is the City planning to require storm water quality
treatment, even though CWS's would not in this case? If not, may we
simply reference the Code section numbers and our calculations to show
it storm water quality treatment is not required by the Manual when we
resubmit our application?
------- -- – _ _—_ __—_—._ .. ---- --------------------- .. .__ .-..�..—�.. --
_
Kim Mcmillan - RE Rainbow Park and Playground - CUP 2005-00002 Page 3 I
On a different subject, I reviewed the City maps of Shady Lane, looking
for the location of the sanitary sewer line. The maps do not show any
sewer line in the street...just water and storm water lines. Since it
is a pre-existing use, and since the City maps do not show the sewer
line, can we just note that in our application? No changes to the
restrooms are planned, so I don't think this is a critical bit of
information. If you think we need to show it, could you help by finding
a map showing a sewer line in Shady Lane and faxing it to me or leaving
it at the counter so I can pick it up?.
Thanks Kim. We eagerly await your response.
Ed
Ed Murphy
Comprehensive Planning Manager
direct line: 503-352-1136
cell phone: 503-314-0677
e-mail: murphye@Idcdesign.com <mailto:k@Idcdesign.com>
----------------------------------
LDC Design Group
20085 NW Tanasbourne Drive
Hillsboro, Oregon 97124
t: 503.858.4242
f: 503.645.5500
e: hillsboro@Idcdesign.com <mailto:revellc@Idcdesign.com>
w: www.ldcdesign.com <http://www.ldcdesign.com/>
- - _----- ----_---- -----------.�_------ -- ___,___.--.,
�-Kim Mcmillan - RE: Rainbow Park and Playground - CUP 2005-00002 Page 4
-— ---- — ------------------- -------- — --___.�
OR: Hillsboro, Tillamook �WA: Vancouver, Bellevue � ID: Coeur d'
Alene
� CA: Sacramento � FL: Clermont
DISCLAIMER: This message is intended for the sole use of the individual
to whom it is addressed, and may contain information that is privileged,
confidential and exempt from disclosure under applicable law. If you are
not the addressee you are hereby notified that you may not use, copy,
disclose, or distribute to anyone the message or any information
contained in the message. If you have received this message in error,
please immediately advise the sender by repty email and delete this
message.
CC: "Marvin Spiering" <SpieringM@CleanWaterServices.org>, "Jackie Humphreys"
<HumphreysJ@CleanWaterServices.org>, "Astrid Dragoy" <DragoyA@CleanWaterServices.org>
� �
REQUEST FOR COMMENTS CITYOFTIGARD
Comruunrty�I�cvekrprncut
S�apin��93etterConrn►u�iity
DATE: December 19,2005
T0: Matt Stine,Urdan Forester/Public Works AnneM
FROM: City of Tigard Planning Diuision
STAFF CONTACT: Gar1l Pagenstecher,Associate Planner[x24341
Phone: [5031639-4171/Fax: [5031684-1291
CONDITIONAL USE PERMIT (CUP) 2005-00002
➢ RAINBOW PARK AND PLAYGROUNDQ
REQUEST: The applicant requests Conditional Use Permit approval for the use of an existing
commercial building on a .44 acre site for retail sales of playground equipment and the use of a portion
of the outdoor area of the site for a playground for use by the general public for fee. A conditional use
permit is required to allow an outdoor entertainment use in the Mixed-Use Commercial zone.
LOCATION: 9785 SW Shady Lane; WCTM 1S135BD, Tax Lot 00200. ZONE: MUC: Mixed Use
Commercial District. The MUC zoning district includes land around the Washington Square Mall and
land immediately west of Highway 2'(7. Primary uses permitted include office buildings, retail, and
service uses. Also permitted are mixed-use developments and housing at densities of 50 unites per
acre. Larger buildings are encouraged in this area with parking under, behind or to the sides of
buildings. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330,
18.360, 18.390, 18.520, 18.630, 18.705, 18.725, 18.745, 18.755, 18,765, 18.780, 18.790, 18.795 and
18.810.
Attached are the Site Plan, Vicinity Map and Applicant's Statement/Plans for your review. From
information supplied by various departments and agencies and from other information 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:
JANUARY 3 2006. You may use the space provided be ow or a tac a separa e e er o re urn your
commen s. ou are unable to res ond b the above date, please phone the staff contact noted above with
your comments an con irm 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 enc ose e er.
_ Written comments provided below:
Name 8� Number of Person(s) Commenting: {�/�� 5�/� l2 Z 4�
�r
tQUEST FOR COMMEN CITYOFTIGARD
('��rrrmuuity�Dc�vaCoprrrerat
,S(npin�/7�13etterCommunity
DATE: �ecember 19,2005
T0: Brian Blalock,Commercial Plans Examiner
FROM: City of Ti9ard Planning Diuision
STAFF CONTACT: Gary Pagenstecher,Associate Planner[x24341
Phone: [5031639-4171/Fax: [5031684-7291
CONDITIONAL USE PERMIT (CUP) 2005-00002
➢ RAINBOW PARK AND PLAYGROUNDQ
REQUEST: The applicant requests Conditional Use Permit approval for the use of an existing
commercial building on a .44 acre site for retail sales of playground equipment and the use of a portion
of the outdoor area of the site for a playground for use by the general public for fee. A conditional use
permit is required to allow an outdoor entertainment use in the Mixed-Use Commercial zone.
LOCATION: 9785 SW Shady Lane; WCTM 1S135BD, Tax Lot 00200. ZONE: MUC: Mixed Use
Commercial District. The MUC zoning district includes land around the Washington Square Mall and
land immediately west of Highway 217. Primary uses permitted include office buildings, retail, and
service uses. Also permitted are mixed-use developments and housing at densities of 50 unites per
acre. Larger buildings are encouraged in this area with parking under, behind or to the sides of
buildings. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330,
18.360, 18.390, 18.520, 18.630, 18.705, 18.725, 18.745, 18.755, 18,765, 18.780, 18.790, 18.795 and
18.810.
Attached are the Site Plan, Vicinity Map and Applicant's Statement/Plans for your review. From
information supplied by various departments and agencies and from other information 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:
JANUARY 3 2006. You may use the space provided be ow or a ac a separa e e er o re urn your
commen s. ou are unable to res ond b the above date, please phone the staff contact noted above with
your comments an con irm 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 enc ose e er.
_ Written comments provided below:
�Name 8� Number of Person(s) Commenting: �n�� � 1 v? ��QC� G�T Z �SG� I
�� �v
REQUEST FOR COMMENTS
(�ornrrunuty,D�°�r��(c,��nrcat
S�aping��aetterCommunity
DATE: December 19,2005
�- <
T0: Rob Murchison,Public Works Proiect Engineer
FROM: Cit of Ti�ard Planninc Diuision �
STAFF CONTACT: G Pa enstecher Associate Planner[x24341
P : [5031639-4111/Fax: [5031684-7297
CONDITIONAL USE PERMIT (CUP) 2005-00002
➢ RAINBOW PARK AND PLAYGROUNDQ
REQUEST: The applicant requests Conditional Use Permit approval for the use of an existing
commercial building on a .44 acre site for retail sales of playground equipment and the use of a portion
of the outdoor area of the site for a playground for use by the general public for fee. A conditional use
permit is required to allow an outdoor entertainment use in the Mixed-Use Commercial zone.
LOCATION: 9785 SW Shady Lane; WCTM 1S135BD, Tax Lot 00200. ZONE: MUC: Mixed Use
Commercial District. The MUC zoning district includes land around the Washington Square Mall and
land immediately west of Highway 217. Primary uses permitted include office buildings, retail, and
service uses. Also permitted are mixed-use developments and housing at densities of 50 unites per
acre. Larger buildings are encouraged in this area with �arking under, behind or to the sides of
� � buildings. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330,
18.360, 18.390, 18.520, 18.630, 18.705, 18.725, 18.745, 18.755, 18,765, 18.780, 18.790, 18.795 and
18.810.
Attached are the Site Plan, Vicinity Map and ApplicanYs Statement/Plans for your review. From
information supplied by various departments and agencies and from other information 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:
JANUARY 3 2006. You may use the space provided be ow or a ac a separate e ter o re urn your
commen s. ou are unable to res ond b the above date, please phone the staff contact noted above with
your comments and con irm 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 enc ose e er.
_ Written comments provided below:
�
,�'J ._ �' C-'� �..-
C��., i. �- � i� �C �
�Name 8 Number of Person(s) Commenting:
. I�� r—�- � ��5�c�'
�
T�-c��.�4 � �
���c ,'�. ✓ ��i
/-�-v�t/�N. �..�L �fV�D
Pr��3� R�vi�� ,�-�c� �cv�u�r
��
/�� �- 3 -�6
1
,
;
:}
12/21/OS WED 09:36 FAX 503 591 0986 TVWD ENGINEERING C�001
. �
REQUEST FOR COMMENTS
c�tt:rnz���;ty�����,<<�p��,���t
,S�apinc�/7 BetterComn¢urtity
OATE: December 19,2005
(��TO: ;1._ -�ualet�n-1t�lle�-W�[g�-BIS�He -68� _
,_„�.,- __
�� I
FROM: \��� Cihl of Tl�ard Planning Diuislon f r��'i . ...���� �'�`�� �'
� ✓ t,�.� c�
STAFF CONTACT: Ganl Pagenstecher,Associate Planner[x24341
Phone: [5031839-41T1/Fax: [5031684-729'l
CONDITIONAL USE PERMIT (CUP) 2005-00002
➢ RAINBOW PARK AND PLAYGROUNDQ
REQUEST: The applicant requests Conditional Use Permit approval for the use of an existing
commercial k�uilding on a .44 acre site for retail sales of playground equipment and the use of a portion
of the outdoc►r area of the site for a pfayground for use by the general public for fee. A conditional use
permit is required to allow an outdoor entertainment use in the Mixed-Use Commercial zone. �
LOCATION: 9785 SW Shady Lane; WCTM 1S135BD, Tax Lat 00200. ZONE: MUC: Mixed Use
Commercial District. The MUC zoning district includes land around the Washington Square Mall and
land immedi;�tely west of Highway 217. Primary uses permitted include office buildings, retail, and
service uses. A�so permitted are mixed-use developments and housing at densities of 50 unites per
acre. Large�r buildings are encouraged in this area w�th parking under, behind or to the sides of
buildings. ��PPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330,
18.360, 18.390, 18.520, 18.630, 18.705, 18.725, 18.745, 18.755, 18,765, 18.780, 18.790, 18.795 and ,
�18.810.
Attached are the Site Plan, Vicinity Map and Applicant's Statement/Plans for your review. From
information su��plied by various departments and agencies and from other information avaifable 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:
JANUARY 3 2006. You may use the space provided be ow or a ac a separa e e er o return your
commen s. ou are unable to res ond b the above date, please phone the staff contact noted above w,th
your commeni:s and con irm your commen s in wri ing as soon as possible. If you have any questions,
contact the Ticiard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223.
PLEgrSE CHEC�K 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 enc ose e er.
_ Written comments provided below:
Name& Num�ber of Person(s)Commenting: � � � � " � _.._ Sv Z.�
�-L �� �� �T►/r,��
.--
�� � ��cQUEST FOR COMMENT�
(bnuni�rrity�U��ecCopnre�tt
S�aping,��Better�'ommunity
DATE: Decemder 19,2005
T0: PER ATTACNED
FROM: City of Tigard Planning Diuision
STAFF CONTACT: Gar1l Pagenstecher,Associate Planner[x24341
Phone: [5031639-4171/Fax: [5031684-7291
CONDITIONAL USE PERMIT (CUP) 2005-00002
➢ RAINBOW PARK AND PLAYGROUNDQ
REQUEST: The applicant requests Conditional Use Permit approval for the use of an existing
commercial building on a .44 acre site for retail sales of playground equipment and the use of a portion
of the outdoor area of the site for a playground for use by the general public for fee. A conditional use
permit is required to allow an outdoor entertainment use in the Mixed-Use Commercial zone.
LOCATION: 9785 SW Shady Lane; WCTM 1 S135BD, Tax Lot 00200. ZONE: MUC: Mixed Use
Commercial District. The MUC zoning district includes land around the Washington Square Mall and
land immediately west of Highway 217. Primary uses permitted include office buildings, retail, and
service uses. Also permitted are mixed-use developments and housing at densities of 50 unites per
acre. Larger buildings are encouraged in this area with parking under, behind or to the sides of
buildings. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330,
18.360, 18.390, 18.520, 18.630, 18.705, 18.725, 18.745, 18.755, 18,765, 18.780, 18.790, 18.795 and
18.810.
Attached are the Site Plan, Vicinity Map and Applicant's Statement/Plans for your review. From
information supplied by various departments and agencies and from other information 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:
JANUARY 3 2006. You may use the space provided be ow or a ac a separa e e er o re urn your
commen s. ou are unable to res ond b the above date, please phone the staff contact noted above with
your comments an con irm 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 enc ose e er.
_ Written comments provided below:
IName 8� Number of Person(s) Commenting: I
CITY OF TIGARD REQUEST FOR COMMENTS
• � NOTIFICA � LIST FOR LAND USE & COMMUNITY DFVELOPMENT APPLICATIONS
FILE NOS.: � FILE NAME:
CITIZEN INYOLYEMENT TEAMS �
14-DAY PENDING APPLICATION NOTICE TOINTERESTED PARTIES OF AREA: ❑Central �East ❑South ❑West
C�D�CES 5
LONG RANGE PLANNINGJBarbara Shields,Pla�ni�g Mgr. COMMUNITY DVLPMNT.DEPTJPIanning-Engineering Techs. POLICE DEPT./Jim Wolf,Crime Prevention Oflicer
�BUILDING DIVISION/Gary Lampella,Building Official �ENGINEERING DEPT.IKim McMillan,Dvlpmnt Review Engineer,L PUBLIC WORKSIMatt Stine,Urban Forester
CITY ADMINISTRATIOWCathy Wheatley,City Recorder /'PUBLIC WORKS/Rob Murchison,Projed Engineer
E PLANNER—POST PROJECT SITE IF A PUBLIC HEARING ITENFIO BUSINESS DAYS PRIOR TO THE PUBLIC HEARING!
SPECIAL DISTRICTS y
�UAL.HILLS PARK 8 REC.DIST.s�UALATIN VALLEY FIRE 8 RESCUE♦ �UALATIN VALLEY WATER DISTRICT♦ �CLEANWATER SERVICES�
Planning Manager Fire Marshall Administrative Office Lee WalkerlSWM Program
15707 SW Walker Road Washington County Fire District PO Box 745 155 N.First Avenue
Beaverton,OR 97006 (place in pick-up box) Beaverton.OR 97075 Hillsboro,OR 97124
LOCAL AND STATE IURISDICTIONS
CITY OF BEAVERTON� CITY OF TUALATIN� OR.DEPT.OF FISH&WILDLIFE OR.DIV.OF STATE LANDS
Planning Manager Planning Manager 3406 Cherry Avenue NE Melinda Wood�uv�u►,Fa�R.q��na�
Steven Sparks,Oev Svcs.Manaper 18880 SW Martinazzi Avenue Salem,OR 97303 775 Summer Street NE,Suite 100
PO Box 4755 Tualatin,OR 97062 Salem,OR 97301-1279
Beaverton,OR 97076
_ OR.PUB.UTILITIES COMM.
METRO-LAND USE 8 PLANNING� _OR.DEPT.OF GEO.8 MINERAL IND. 550 Capitol Street NE
_ CI7Y OF DURHAM+IF 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380
City Manager Portland,OR 97232-2736 Portland,OR 97232
PO BOx 23483 BOb Knight,oatarteso�rcecemer(zcn) US ARMY CORPS.OF ENG.
Durham,OR 97281-3483 Paulette Allen,Growlh ManapameM Coordinator OR.DEPT.OF LAND CONSERV.B DVLP Kathryn Harris iM+a:a cws�.n.ro��r�
_ Mel Huie,Greenspaces Coordinalor(CPA20A) L8(fy Ffef1CF1(COmp.PWn Amenaments Only) Routing CENWP-OP-G
CITY OF KING CITY� _ Jennifer Budhabhatti,R��o�e�aw��e�cwe��e�a5� 635 Capitol Street NE,Suite 150 PO Box 2946
City Manager _ C.D.Manager,c��nnMa��eme�cse���5 Salem,OR 97301-2540 Portland,OR 97208-2946
15300 SW 116th Avenue
King City,OR 97224 WASHINGTON COUNTY +IF
OR.DEPT.OF ENERGY�POweni�es i�nrea� _OR.DEPT OF AVIATION�MonaPo�e Tawers� Dept.of Land Use 8 Transp.
Bonneville Power Administration Tom Highland,Planning 155 N.First Avenue
CITY OF LAKE OSWEGO � Routing TTRC—Attn: Renae Ferrera 3040 25th Street,SE Suite 350,MS 13
Planning Director PO Box 3621 Salem,OR 97310 Hilisboro,OR 97124
PO Box 369 Portland,OR 97208-3621 Steve Conway cce�e�e�nvv�.�
Lake Oswego,OR 97034 Gregg Leion�cPn�
_ OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 � Brent Curtis ccan�
CITY OF PORTLAND (NOtiry ror weuenas and Potentie�Environmenta��mpac�s) _Gfefl�RObI�S011,Development Review Coordinator poria Mateja aca,>Ms u
Planning Bureau Director Regional Administrator Carl Torland� Righi-Of-WBy S2Cti0r1(vacatioosJ Sr.Cartographer ccP�vzc�,MS,.
1900 SW 4�"Avenue,Suite 4100 2020 SW FouRh Avenue,Suite 400 123 NW Flanders _Jim Nims,s��reyo�,zcA,MS,s
Portland,OR 97201 Portland,OR 97201-4987 Portland,OR 97209-4037
WA.CO.CONSOL.COMM.AGNCY ODOT,REGION 1 -DISTRICT 2A� _ODOT,RAIL DIVISION STATE HISTORIC
Dave Austin�wccca�°e,r�,�w.�..�.«., S8f11 HUf181CI1,Assistant Orstnct Manager (Notily N ODO7 R1R-liwy.Crossing is Only Access to LanC) PRESERVATION OFFICE
PO Box 6375 6000 SW Raab Road Dave Lanning,s�c�oss��9 sare�y s���a��� (Notity if Prop�rty Has XD OveAay)
BeaveRon,OR 97007-0375 PoRland.OR 97221 555-13`"Street.NE.Suite 3 1115 Commercial Street,NE
Salem,OR 97301-4179 Salem,OR 97301-1012
UTILITY PROYIDERS AND SPECIAL A6ENCIES b
PORTLAND WESTERN R1R,BURLINGTON NORTHERN/SANTA FE R/R,OREGON ELECTRIC R/R(eurbngton NorthemlSanta Fe R/R Predecessor)
Robert I.Melbo, President 8 General Manager
110 W. 10th Avenue
Albany,OR 97321
SOUTHERN PACIFIC TRANS.CO.R/R METRO AREA COMMUNICATIONS �OMCAST CABLE CORP. 1�RI-MET TRANSIT DVLPMT.
Clifford C.Cabe,Construction Engineer D2bfe Pelrtl2f�nnnexarons Onry� Randy Bice ,��.,b,.R.oa„.n, (If Pro�ect is Wi�hin%Mile of a Trans�Route)
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
�ORTLAND GENERAL ELECTRIC C'NW NATURAL GAS COMPANY �VERI20N CQWEST COMMUNICATIONS
Ken Gutierrez,Svc.Design Consultant Scott Palmer,Engineering Coord. David Bryant,Engineering Florence Mott,Eng.ROW Mgr.
9480 SW Boeckman Road 220 NW Second Avenue OR 030533/PO Box 1100 8021 SW Capitol Hill Rd,Rm 110
Wilsonville,OR 97070 Portland,OR 97209-3991 Beaverton,OR 97075-1100 Portland,OR 97219
TIGARD/TUALATIN SCHOOL DIST.#23J BEAVERTON SCHOOL DIST.#48 COMCAST CABLE CORP. COMCAST CABLE COMMUNIC.
Marsha Butler,Administrative Offices Jan Youngquist,Demographics Alex Silantiev���,oro�A�.,��„ Diana Carpenter,a,,.EO��,���o��n
6960 SW Sandburg Street 16550 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 A�QMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN 500'OF THE SUBJECT PROPERTY FOR ANY/ALL
CITY PROJECTS(Project Planner Is Responsible For Indicating Parties To Notify). n:�patry�masters�Request For Comments Noet�cat�on��stdoc (UPDATED: 16-Aug-0S)
(Also update�.i:lcurpinlsetupllabelslannexation_utilities and franchises.doc when updating this document)
a �
MEMORANDUM
CITY OF TIGARD, OREGON
DATE: 1-24-06
TO: Gary Pagenstecher, Associate Planner
FROM: Kim McMillan, Development Review Engineer.��
RE: CUP2005-00002 Rainbow Playground
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.
CTS Engineers has provided preliminary sight distance certification for the
proposed driveway. The applicant's plans indicate the finro existing driveways will
be removed and a new driveway constructed 22.5 feet west of the east property
line. The posted speed is 25 mph, requiring 280 feet of intersection sight
distance in both directions along Shady Lane. The engineer's preliminary
assessment indicates that available sight distance to the west is at least 280 feet,
which is well into the intersection. Available sight distance to the east is currently
only about 115 feet due to a tall row of hedges and vehicles parked on the north
side of Shady Lane.
In order to achieve adequate sight distance to the east, the engineer
recommends trimming or removing a portion of the hedges and establishing a
"No Parking" zone on the north side of Shady Lane. Discussions with the City
Engineer and with a Washington County LUT Engineer, the parked vehicles are �
not usually considered a sight distance issue requiring posting of"No Parking"
signs.
The applicant shall trim or remove a portion of the hedges in order to improve
sight distance.
Upon completion of the improvements within the public ROW, the applicant's
engineer shall submit a final sight distance certification.
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
ENGINEERING COMMENTS CUP2005-00002 Rainbow Playground PAGE 1
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.
Greenburg Road is classified as an Arterial on the City's TSP. The proposed
driveway is more than 150 feet from the intersection, thereby meeting this
criterion.
Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways
and streets along a collector shall be 200 feet. The minimum spacing of
driveways and streets along an arterial shall be 600 feet. The minimum
spacing of local streets along a local street shall be 125 feet.
Shady Lane is classified as a Neighborhood Route; therefore this criterion does
not apply.
Street And Utility Improvements Standards (Section 18.8101:
Chapter 18.810 provides construction standards for the implementation of
public and private facilities and utilities such as streets, sewers, and
drainage. The applicable standards are addressed below:
Streets:
Improvements:
Section 18.810.030.A.1 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 a
Neighborhood route to have a 54 right-of-way width and 32-foot paved
section. Other improvements required may include on-street parking,
sidewalks and bikeways, underground utilities, street lighting, storm
drainage, and street trees.
ENGINEERING COMMENTS CUP2005-00002 Rainbow Playground PAGE 2
This site lies adjacent to SW Shady Lane, which is classified as a Neighborhood
Route on the City of Tigard Transportation Plan Map. At present, there is
approximately 60 feet of ROW, according to the most recent tax assessor's map.
The applicant does not need to provide additional ROW.
SW Shady Lane is currently improved with a 40 foot paved section. In order to
mitigate the impact from this development, the applicant should provide street
trees.
The site also lies adjacent to Greenburg Road and the Highway 217 on-ramp.
Greenburg Road is classified as an Arterial requiring a minimum of 104 feet of
ROW. At present, there is well over 104 feet of ROW. No additional ROW is
required.
Greenburg Road is currently improved and no additional improvements are
required with this development.
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
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.
ENGINEERING COMMENTS CUP2005-00002 Rainbow Playground PAGE 3
There are existing sidewalks along both street frontages that meet this standard.
Sanitary Sewers:
Sewers Required: Section 18.810.090.A requires that sanitary sewer be
installed to serve each new development and to connect developments to
existing mains in accordance with the provisions set forth in Design and
Construction Standards for Sanitary and Surface Water Management (as
adopted by Clean Water Services in 1996 and including any future
revisions or amendments) and the adopted policies of the comprehensive
plan.
Over-sizing: Section 18.810.090.0 states that proposed sewer systems
shall include consideration of additional development within the area as
projected by the Comprehensive Plan.
The applicant's plans indicate the existing facility is served by a lateral that runs
south across Shady Lane. The applicant intends to reuse the existing sewer
lateral. A connection permit will be required.
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 areas 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
ENGINEERING COMMENTS CUP2005-00002 Rainbow Playground PAGE 4
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
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 proposed development is not increasing the impervious surface area by
more than 5000 square feet, therefore detention is not required.
Utilities:
Section 18.810.120 states that all utility lines, but not limited to those
required for electric, communication, lighting and cable television services
and related facilities shall be placed underground, except for surface
mounted transformers, surface mounted connection boxes and meter
cabinets which may be placed above ground, temporary utility service
facilities during construction, high capacity electric lines operating at
50,000 volts or above, and:
• The developer shall make all necessary arrangements with the serving
utility to provide the underground services;
• The City reserves the right to approve location of all surface mounted
facilities;
• All underground utilities, including sanitary sewers and storm drains
installed in streets by the developer, shall be constructed prior to the
surfacing of the streets; and
• Stubs for service connections shall be long enough to avoid disturbing
the street improvements when service connections are made.
Exception to Under-Grounding Requirement: Section 18.810.120.0 states
that a developer shall pay a fee in-lieu of under-grounding costs when the
development is proposed to take place on a street where existing utilities
which are not underground will serve the development and the approval
authority determines that the cost and technical di�culty of under-
grounding the utilities outweighs the benefit of under-grounding in
conjunction with the development. The determination shall be on a case-
by-case basis. The most common, but not the only, such situation is a
short frontage development for which under-grounding would result in the
ENGINEERING COMMENTS CUP2005-00002 Rainbow Playground PAGE 5
placement of additional poles, rather than the removal of above-ground
utilities facilities. An applicant for a development which is served by
utilities which are not underground and which are located across a public
�ight-of-way from the applicant's property shall pay a fee in-lieu of under-
grounding.
ADDITIONAL CITY ANDIOR AGENCY CONCERNS WITH STREET AND
UTILITY IMPROVEMENT STANDARDS:
Public Water Svstem:
Tualatin Valley Water District (TVWD) provides service in this area. The
applicant shall contact TVWD for any required permits.
Storm Water Qualitv:
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.
Prior to construction, the applicant shall submit plans and calculations for a water
quality facility (pond, swale or Stormwater Management filter system) that will
meet the intent of the CWS Design Standards. In addition, the applicant shall
submit a maintenance plan for the facility that must be reviewed and approved by
the City prior to construction.
The applicant disagrees with the City's requirement of providing an on-site water
quality facility. The applicant discusses a phone conversation he had with Jackie
Humphries of CWS on November 21, 2005. Jackie was quoting the CWS
standards for improvements with regards to sensitive areas and buffers, which
have a 10% threshold for changes to impervious surface areas.
In an e-mail from Jackie's supervisor, Terry Keyes, on November 22, 2005, he
states that the standards provide a definition of redevelopment (Sec. 1.02.47)
which includes most anything that changes the existing impervious surface area
on a site. Section 1.02.14(a) (10) then includes redevelopment in the definition
of development. Section 3.12(d) (2) Water Quality Facility Design Standards
goes on to require development (which includes redevelopment) to size water
ENGINEERING COMMENTS CUP2005-00002 Rainbow Playground PAGE 6
quality facilities for newly created impervious surface areas AND existing
impervious areas to remain on site.
The City staff has made the applicant aware of the requirement to provide
treatment of a reasonable amount of impervious area. Therefore, the applicant's
plans shall be revised to replace the on-site catch basins with Stormfilter catch ,�
basins. Alternatively, the applicanYs plans can be revised to show a water
quality pond or swale to provide treatment.
The proposed unit from Stormwater Management is acceptable, provided the
property owner agrees to hire the manufacturer (or approved equal) to provide
the required maintenance of the unit. Prior to a final building inspection, the
applicant shall demonstrate that they have entered into a maintenance agreement
with Stormwater Management, or another company that demonstrates they can
meet the maintenance requirements of the manufacturer.
Gradinq and Erosion Control:
CWS Design and Construction Standards also regulate erosion control to
reduce the amount of sediment and other pollutants reaching the public
storm and surface water system resulting from development, construction,
grading, excavating, clearing, and any other activity which accelerates
erosion. Per CWS regulations, the applicant is required to submit an
erosion control plan for City review and approval prior to issuance of City
permits.
The Federal Clean Water Act requires that a National Pollutant Discharge
Elimination System (NPDES) erosion control permit be issued for any
development that will disturb one or more acre of land. Since this site is
over five acres, the developer will be required to obtain an NPDES permit
from the City prior to construction. This permit will be issued along with
the site and/or building permit.
Site Permit Required:
The applicant is required to obtain a Site Permit from the Building Division to
cover all on-site private utility installations (water, sewer, storm, etc.) and
driveway construction. This permit shall be obtained prior to approval of the final
plat.
Address Assiqnments:
The City of Tigard is responsible for assigning addresses for parcels within the
City of Tigard and within the Urban Service Boundary (USB). An addressing fee
ENGINEERING COMMENTS CUP2005-00002 Rainbow Playground PAGE 7
in the amount of $ 50.00 per address shall be assessed. This fee shall be paid to
the City prior to issuance of the site permit.
Recommendations:
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO
ISSUANCE OF THE SITE PERMIT:
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642j
for review and approval:
. Prior to issuance of a site permit, a Public Facility Improvement (PFI) permit
is required for this project to cover half-street improvements and any other
work in the public right-of-way. Six (6) 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.ti ar�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 issuance of the Site permit, the applicant shall pay the addressing
fee. (STAFF CONTACT: Shirley Treat, Engineering).
. The applicant shall submit construction plans to the Engineering Department
as a part of the Public Facility Improvement permit, indicating that they will
construct the following frontage improvements along SW Shady Lane as a
part of this project:
A. street trees in the planter strip spaced per TDC requirements;
B. driveway apron removal and replacement;
C. and hedges trimmed or removed along east property line;
✓ '�
. The applicanYs plans shall be revised to provide on-site water quality
treatment per CWS Section 3.12(d) (2) by either replacing the on-site catch �/
ENGINEERING COMMENTS CUP2005-00002 Rainbow Playground PAGE 8
basins with Stormfilter catch basins or constructing a water quality pond or
swale. �"�
. The applicant shall provide connection of proposed buildings to the public
sanitary sewerage system. A connection permit is required to connect to the
existing public sanitary sewer system.
. The applicant shall obtain approval from the Tualatin Valley Water District for
the proposed water connection prior to issuance of the City's Public Facility
Improvement permit.
. An erosion control plan shall be provided as part of the Public Facility
Improvement (PFI) permit drawings. The plan shall conform to the "Erosion
Prevention and Sediment Control Design and Planning Manual, February
2003 edition."
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO A FINAL
BUILDING INSPECTION:
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642)
for review and approval:
. Prior to a final building inspection, the applicant shall complete any work in
the public right-of-way (or public easement) and obtain approval from the
Engineering Department.
. Prior to a final building inspection, the applicant shall demonstrate that they
have entered into a maintenance agreement with Stormwater Management,
or another company that demonstrates they can meet the maintenance
requirements of the manufacturer, for the proposed onsite storm water
treatment facility. If a water quality pond or swale is constructed instead of
replacing the catch basins, the applicant's engineer shall submit a
maintenance plan to the City engineering staff for review and approval.
. Prior to a final building inspection, the applicant's engineer shall provide a
final sight distance certification.
ENGINEERING COMMENTS CUP2005-00002 Rainbow Playground PAGE 9
MAILING /
NOTIFICATION
RECORDS
. • �
AFFIDAVIT OF POSTING NOTICE OF A LAND USE PROPOSAL
IMPORTANT NOTICE: THIS AFFIDAVIT MUST BE ACCOMPANIED BY A COPY OF THE NOTICE THAT WAS POSTED
ON THE SITE.
In the Matter of the Proposed Land Use Applications for:
Land Use File Nos.: CUP2005-00002
Land Use File Name: RAINBOW PARK AND PLAYGROUND
I, Gary Paaenstecher, Associate Planner for the Citv of Tiaard, do affirm that I posted notice 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) ���5 SGc� st��l� �R��" , and
did personally post notice of the Public Hearing on the proposed land use application(s) by means of
weatherproof posting in the general vicinity of the affected territ��ory, a copy of said notice being hereto
attached and by reference made a part hereof, on the � day of �I�t°�C"n�v� , 20 0�, .
> � �
Signature of Perso ho Performed Posting
h:\login\pattylmasterslaffidavit of posting for applicant to post public hearing.doc
r
N TI E F P BLI HEARIN `
O � O � � � w
The following will be considered by the Ti ard Hearin s Officer on Monda Februar 13 2006 at 7:00 PM at the Tigard Civic
Center - Town Hall, 13125 SW Hall Blv ., igar , regon. o pub ic ora an wri en es imony is invi e .
The public hearing on this matter will be conducted in accordance with the Tigard Municipal Code and the rules of procedure
adopted b� the Council and available at City Hall or the rules of procedure set forth in Chapter 18.390. Testimony may be
submitted in writing prior to or at the public hearing or verbally at the public hearing only. Failure to raise an issue in person
or by, letter at some point prior to the close of the hearing accompanied by statements or evidence sufficient to afford the
decision-maker an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeal based on that
issue. Failure to specify the criterion from the Community Development Code or Comprehensive Plan at which a comment is
directed precludes an appeal based on that criterion.
A copy of the application and all documents and evidence submitted by or on behalf of the applicant and the applica�
criteria are available for inspection at no cost. A copy of the staff report will be made available for inspection at no cost at
least seven (7) days prior to the hearing, and copies for all items can also be provided at a reasonable cost.
Further information may be obtained from the Planning Division staff contact: Ga Pa enstecher at 13125 SW Hall
Blvd., Tigard, Oregon 97223, by calling 503-639-4171 , or by email o aryp igar -or.gov.
CONDITIONAL USE PERMIT (CUP) 2005-00002
REQUEST: The applicant requests Conditional Use Permit approval for the use of an existing
commercial building on a .44 acre site for retail sales of playground equipment and the use of a
portion of the outdoor area of the site for a playground for use by the general public for fee. A
conditional use permit is required to allow an outdoor entertainment use in the Mixed-Use
Commercial zone. LOCATION: 9785 SW Shady Lane; WCTM 1 S135BD, Tax Lot 00200. ZONE:
MUC: Mixed Use Commercial District. The MUC zoning district includes land around the
Washington Square Mall and land immediately west of Highway 217. Primary uses permitted
include office buildings, retail, and service uses. Also permitted are mixed-use developments and
housing at densities of 50 unites per acre. Larger buildings are encouraged in this area with
parking under, behind or to the sides of buildings. APPLICABLE REVIEW CRITERIA: Community
Development Code Chapters 18.330, 18.360, 18.390, 18.520, 18.630, 18.705, 18.725, 18.745,
18.755, 18,765, 18.780, 18.790, 18.795 and 18.810.
CITY OF TIGARD
C01��1MUNITY OREGON
SPAPERS
6605 SE Lake Road, Portland, OR 97222• PO PUBLIC HEARING ITEM
The following will be considered by the Tigard Hearings Officer on
Box 22109• Portland, OR 97269 Monday Februarv 13,2006 at 7:00 PM at the Tigard Civic Center
Phone: 503-684-0360 Fax: 503-620-3433 -Town Hall, 13125 SW Hall Blvd.,Tigard,Oregon. Both public oral
Email: and written testimony is invited.
legaladvertising@commnewspapers.com The public hearing on this matter will be conducted in accordance
with the Tigard Municipal Code and the rules of procedure adopted
by the Council and available at City Hall or the rules of procedure set
A F F I DAV I T O F P U B L I CAT I O N forth in Chapter 18.390. Testimony may be submitted in writing prior
State of Oregon, County of Washington, SS to or at the public hearing or verbally at the public hearing only.
Failure to raise an issue in person or by letter at some point prior to
the close of the hearing accompanied by statements or evidence
I, Charlotte Allsop, being the first duly sworn, sufficient to afford the decision-maker an opportunity to respond to
depose and say that I am the Accounting the issue precludes appeal to the Land Use Board of Appeal based on
Manager of The Times (serving Tigard, that issue. Failure to specify the criterion from the Community
Tualatin & Sherwood), a newspaper of Development Code or Comprehensive Plan'at which a comment is
general circulation, published at Beaverton, in directed precludes an appeal based on that criterion.
the aforesaid count and state, as defined b A copy of the application and all documents and evidence submitted
Y Y by or on behalf of the applicant and the applicable criteria are
ORS 193.010 and 193.020, that available for inspection at no cost. A copy of the staff report will be
made available for inspection at no cost at least seven (7)days prior
City of Tigard I to the hearing, and copies for al] items can also be provided at a
Public Hearing-Rainbow Park& Playground reasonable cost.
TT10730 Further information may be obtained from the Planning Division
(staff contact: Gar�Pagenstecher�at 13125 SW Hall Blvd., Tigard,
Oregon 97223, by calling 503-639-4171, or by e-mail to
a copy of which is hereto annexed, was ga�ypPtigard-or.gov. "
published in the entire issue of said CONDITIONAL USE PERMIT(CUP) 2005-00002
newspaper for � RAINBOW PARK AND PLAYGROUND.es
� REQUEST: The applicant requests Conditionai Use Permit approval
for the use of an existing commercial building on a .44-acre s�te for
retail sales of playground equipment and the use of a portion of the
successive and consecutive weeks in the outdoor area of the site for a playground for use by the general public
f011owing issues for fee. A conditional use permit is required to allow an outdoor
January 26, 2006 entertainment use in the Mixed-Use Commercial zone.
LOCATION: 9785 SW Shady Lane; WCTM 1S135BD, Tax Lot
00200. ZONE: MUC: Mixed Use Commercial District. The MUC
C I �� ���[lC � zoning district includes land around the Washington Square Mall and
r' land immediately west of Highway 217. Primary uses permitted
Charlotte Allsop (ACCOUnting Mana er) include office buildings, retail, and service uses. Also permitted are
mixed-use developments and housing at densities of 50 unites per
acre. Larger buildings are encouraged in this area with parking under,
Subscribed and sworn to before me this behind or to the sides of buildings: APPLICABLE REVIEW
CRITERIA: Community Development Code Chapters 18.330,
18.360, 18.390, 18.520, 18.630, 18.705, 18.725, 18.745, 18.755,
January 26, 6 18,765, 18.780, 18.790, 18.795 and 18.810.Publish 1/26/O6 TT10730
NOTARY PUBLIC FOR OREGO � t, . �, i � ; v`, �--- ,a:�
My commission expires � � � \�`�, ;�,i � � - ,�" �^*Y�
� '\... �'.� : 4 .... �������
. ti ��
�
� --=*� �� � � � NP2005-00002 ,
� � �< � fT� ----
� -----,
Acct#10093001 , � ...���� '� ��-„---- � --IwaBaw Pb�t �
Attn:Accounts Payable , ; �������������--' � �``�.�� ' . ; �D Pu►r�RODU �
City of Tigard � ! i ! `• '� ' '
�� �� �+'�.__� ,,
:_ T _.
13125 SW Hall Boulevard ;,(, j T�.� ,~- 'y �, I -- ,
Tigard, OR 97223 �-- �' �
` _.
V �.,
� ,_�.,�x„�--�-.�,� f �, """L'i '�` '' -� � ��
Size 2 x.10.25 ; � �.._. �_--���"�- %� , � ,,��__w1`:� ,:r
Amount Due $171.18 � '� ( � � '�� �- � --_
� % �..�...�
'remit to address above r `� � ' � �����
_T... _..,� A
;` _�.f--'=�_" s--r.._ �
.
��_' , �
, ,.
; , : . j^ i
, � � _�
� � ` �; :' � __ �
, , ,..
; ` 's �—
-
� 1 .:._�
l___...i/ .. �- , ,
�--� ^� ,^j _.�..� .._...::��.
�� / _�+ ,=�^� -
�-, i � . . - .
DGEOGRAPniC iNFpRMATi(�h SvSTEM
D AREA NOTIFIEp
0 500'
m � �
II � ���;
�
FOR: CUP2005-00002
RE: 500' Property
owner mailing labels
\ �� j =__________
Q
.ru.uw� sm...�.
= Property owner information
� � is valid for 3 months from
� the date printed on this map.
� ��
suywm - — �
sus�eM�w ��
. sns�we+a susuMU�
� SITE �
AVE - � � SHADY LN
- �
_, _ ,�.
R���..„,
, �
� °'�'""" � ,�ra„.,,, , ,�..�.�.
mJ� ��� � � �� - iv
��
�<v �
r^ 0 700 200 300 400 Feet
\./ i�NyN
i"=265 feet
0 0 0
000 000o i Y
r � °oo°oo °o°o°o°o � Cih�ofTigard
0 0 0 0 0 0 0 0
0000 0
Q0 O� � .w Information on this map is fa generel location only and
I � \ - � � should be verified with the Devebpment Services Division.
Q 73125 SW Hall Blvd
Tigard,OR 97223
� � - , � � . (503)639-4771
.. � http://vnvw.ci.tigard.or.us
Community Development Plot date: Dec 29,2005;C:lmagiclMAGIC03.APR
. �
1S1356D-01400 1S135BD-00800
BAGAN JOHN P JR PEARSON DENNIS
10910 SW GREENBURG RD 15840 SE TONG RD
TIGARD,OR 97223 CLACKAMAS,OR 97015
1S1356C-00201 1S135BC-00100
BELANICH ROGER M PHILLIPS PETROLEUM COMPANY
22020 17TH AVE SE#200 BY CONOCOPHILLIPS
BOTHELL,WA 98021 ATTN: MARKETING
PO BOX 1539
PASO ROBLES,CA 93447
1 1356C-00202 1S135BD-00100
B MCH ER M PLAZA WEST LLC
2202 H AVE SE#200 BY NORRIS BEGGS&SIMPSON
HELL, 98021 121 SW MORRISON ST STE 200
PORTLAND, OR 97204
1S1358D-01200 1S135BD-01300
BURDICK-FORBES INVESTMENTS LLC SCHAEFER ROBERT M&SALLY J 8�
BY DONALD C BURDICK MILLER GERALD V
434 RIDGEWAY RD BY SHILO INN-WASHINGTON SQUARE
LAKE OSWEGO, OR 97034 11600 SW SHILO LN
PORTLAND,OR 97225
1 S 135 B D-00900 1 S 135 B D-01100
DORR GEORGE/ANNA MARIE TRUSTEES SHADY LANE COMMERCIAL BUILDING
DORR JOHN D& LIMITED PARTNERSHIP
DORR PATRICK M 7720 SW WESTGATE
9925 SW 77TH PORTLAND,OR 97225
PORTLAND,OR 97223
1 S 1358 D-00700 1 S 135 B D-00300
HARING JACK SHADY LANE PROPERTIES LLC
PO BOX 65387 ATTN: BENJAMIN SCHWARTZ MD
VANCOUVER,WA 98665 9735 SW SHADY LANE#100
TIGARD,OR 97223
1 S1356D-00200 1 1356D-01000
HUGGINS DONALD L&MARLENE R TIG CI OF
PO BOX 1503 1312 ALL BLVD
POLSON, MT 59860 ARD,0 7223
1S13566-00700 1S135BC-00300
LANPHERE PROPERTIES V LLC UNITED STATES BAKERY
12505 SW BROADWAY PO BOX 14769
BEAVERTON, OR 97005 PORTLAND,OR 97214
135BB-00800 151356A-03300
LA E ROPERTIES V LLC UNIVERSUS
125 BROADWAY BY STEVE ECOFF
AVERTO OR 97005 442 GLENWOOD DR
OXNARD,CA 93030
1S135BC-00900 1S1358C-00200
PAULSON LIMITED LIABILITY CO VERIZON NORTHWEST INC
BY RICHARD G PAULSON SR PO BOX 152206
1511 NE 150TH AVE IRVING,TX 75015
PORTLANO,OR 97230
Nathan and Ann Murdock Mildren Design Group
PO Box 231265 Attn: Gene Mildren
Tigard, OR 97281 7650 SW Beveland Street, Suite 120
Tigard, OR 97223
Sue Rorman Diane Baldwin
11250 SW 82nd Avenue 3706 Kinsale Lane SE
Tigard, OR 97223 Olympia, WA 98501
Naomi Gallucci
11285 SW 78�h Avenue
Tigard, OR 97223
Michael Trigoboff
7072 SW Barbara Lane
Tigard, OR 97223
Brad Spring
7555 SW Spruce Street
Tigard, OR 97223
Alexander Craghead
12205 SW Hall Boulevard
Tigard, OR 97223-6210
Gretchen Buehner
13249 SW 136�h Place
Tigard, OR 97224
John Frewing
7110 SW Lola Lane
Tigard, OR 97223
CPO 46
16200 SW Pacific Highway, Suite H242
Tigard, OR 97224
CPO 4M
Pat Whiting
8122 SW Spruce
Tigard, OR 97223
CITY OF TIGARD - EAST INTERESTED PARTIES (i:lcurpin\setupllabelslClT East.doc) UPDATED: 21-Oct-05
1S1358D-00200
HUGGINS DONALD L&MARLENE R
PO BOX 1503
POLSON, MT 59860 -
�FFIDAVIT OF MAILING CITYOFTICiARD
Community�Dei�eCopment
ShapingA BetterCommunity
I, �PatriciaG. Gunsford, being first duly sworn/affirm, on oath depose and say that I am a SenivrA�CmireistrativeSpeciaCzstfor the
C'ity ofT�cgard, `Washington County, Oregon and that I served the following:
(chxK Appropnate eox(s)Below}
� NOTICE OF PUBLIC HEARING FOR:� fUP2005-00002/RAINBOW PARK AND PLAYGROUND
� AMENDED NOTICE (File No./Name Reference)
HEARING BODY: HEARING DATE:
❑ City of Tigard Planning Director
� Tigard Hearings Officer (2/13/2006)
p Tigard Planning Commission
❑ Tigard City Council
A copy of the said notice being hereto attached, marked Exhlblt"A", and by reference made a part hereof, was mailed to
each named person(s) at the address(s) shown on the attached list(s), marked E1lhlblt"B", and by reference made a part
hereof, on lanuary 23,2006,and deposited in the United States Mail on lanuary 23,2006, postage prepaid.
�
(Person that P a otice)
,57A7E O�F'O�EGON )
County of'Wasjsngton )ss
City of?igard ) 7 y
Subscribed and sworn/affirmed before me on the��day of , 2006.
_ _ , -- --
�..`� Oi 1'IVIe�:_j�r:
--"-. �� SUE ROS�
� NOTF,RY PUBLlC-0F:cL�;,:
con�rris�ioN uo.s'���z
MYCO'.^'�"'�Si�P!=''?I9Ec r_,�^. .��—
_....._.._._.____..___.._ _ ._.._._�.._ , �_
My Ca � ion Expires: � � �1-'D 7
�
� EXHIBIT
NOTICE TO MORTGAGEE, LIE� LDER,VENDOR OR SELLER:
THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE,
IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER.
CITY OF TI(3ARD
Community�Dec��l�prnerit
C�� �� ������ SFiapmg/1`detter�omrnuriity
PUBLIC HEARIHG NOTICE
NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY
FEBRUARY 13, 2006 AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER AT 13125 SW
HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION:
FILE NO.: CONDITIONAL USE PERMIT {CUP) 2005-00002
FILE TITLE: RAINBOW PARK AND PLAYGROUND
APPLICANT: Stan Nored OWNER: Donald L. & Marlene R. Huggins
Rainbow Park and Playground Co. PO Box 1503
90496 Hwy. 99 N., Suite 2 Polson, MT 59860
Eugene, OR 97402
APPLICANT'S LDC Design Group
REP.: Attn: Ed Murphy
20085 NW Tanasbourne Drive
Hillsboro, OR 97124
REQUEST: The applicant requests Conditional Use Permit approval for the use of an existing
commercial building on a .44 acre site for retail sales of playground equipment
and the use of a portion of the outdoor area of the site for a playground for use by
the general public for fee. A conditional use permit is required to allow an outdoor
entertainment use in the Mixed-Use Commercial zone.
LOCATION: 9785 SW Shady Lane; WCTM 1 S1356D, Tax Lot 00200.
ZONE: MUC: Mixed Use Commercial District. The MUC zoning district includes land
around the Washington Square Mall and land immediately west of Highway 217.
Primary uses permitted include office buildings, retail, and service uses. Also
permitted are mixed-use developments and housing at densities of 50 unites per
acre. Larger buildings are encouraged in this area with parking under, behind or
to the sides of buildings.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.330, 18.360, 18.390, 18.520, 18.630,
18.705, 18.725, 18.745, 18.755, 18,765, 18.780, 18.790, 18.795 and 18.810..
THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF
CHAPTER 18.390 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURES ADOPTED BY
THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL.
ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL
ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED
BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 2438 (VOICE) OR (503)
684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO
THE HEARING TO MAKE ARRANGEMENTS.
ANYONE WISHING TO PRESE WRITTEN TESTIMONY ON THIS � ,POSED ACTION MAY DO SO IN
WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC
HEARING. AT THE PUBLIC HEARING, THE HEARINGS OFFICER WILL RECEIVE A STAFF REPORT
PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND
WRITTEN TESTIMONY. THE HEARINGS OFFICER MAY CONTINUE THE PUBLIC HEARING TO ANOTHER
MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON
THE APPLICATION.
IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION LESS THAN SEVEN (7) DAYS PRIOR
TO THE PUBLIC HEARING, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF
THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY
REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. A
REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY HEARING
(ORS 197.763(6).
INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE
TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR
DISAPPROVAL OF THE REQUEST BY THE HEARINGS OFFICER WILL BE BASED UPON THESE CRITERIA AND
THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE
REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED.
FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE
HEARING ON THE REQUEST ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE
HEARINGS AUTHORITY AN OPORTUNITY TO RESPOND TO THE ISSUE PRECLUDES AN APPEAL TO THE
LAND USE BOARD OF APPEALS BASED ON THAT ISSUE.
ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR
INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25�) PER PAGE, OR
THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS
PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO
COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25C) PER PAGE, OR THE CURRENT RATE
CHARGED FOR COPIES AT THE TIME OF THE REQUEST.
FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER GARY PAGENSTECHER AT (503)
639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223, OR BY E-MAIL TO
9arYpC�tiqard-or.qov..
-- _ _ ti' �`� , -l
�? ....... . .. . ...
� �' naN�*r nwp
� CUP2005-00002 I
________ �
RAINBOW PARK I
��
� AND PLAYGROUD
;
S � t�r�
� , yNADV_ ..- � �
�—j1 : a
� �'t� .. :
� _ 'J`y� � ..I,
� Li • '� :
� `—1,.l�'
•
N
������
�.«a..
�
('iN n(���i�Yf�
DAKO ..e... ...m.
niy ebpnent Udts , ~�mapc• � A
Stan Nored
EXHIBIT�
Rainbow Park and Playground Co. CUP2005-00002
90496 Hwy. 99 N., Suite 2 RAINBOW PARK AND PLAYGROUND
Eugene, OR 97402
Donald L. & Marlene R. Huggins
PO Box 1503
Polson, MT 59860
LDC Design Group
Attn: Ed Murphy
20085 NW Tanasbourne Drive
Hillsboro, OR 97124
�
z � . . M
1 S1356D-01400 � 1 S135BD-00800
BAGAN JOHN P JR PEARSON DENNIS
10910 SW GREENBURG RD 15840 SE TONG RD
TIGARD,OR 97223 CLACKAMAS, OR 97015
1 S1356G0020'1 1 S1356C-00100
BELANICH ROGER M PHILLIPS PETROLEUM COMPANY
22020 17TH AVE SE#200 BY CONOCOPHILLIPS
BOTHELL,WA 98021 ATTN:MARKETING
PO BOX 1539
PASO ROBLES,CA 93447
1 1356C-00202 1 S1356D-00100
B NICH ER M PLAZA WEST LLC
2202 H AVE SE#200 BY NORRIS BEGGS&SIMPSON
HELL, 98021 121 SW MORRISON ST STE 200
PORTLAND,OR 97204
1 S 135 B D-0'1200 1 S 135 BD-01300
BURDICK-FORBES INVESTMENTS LLC SCHAEFER ROBERT M&SALLY J&
BY DONALD C BURDICK MILLER GERALD V
434 RIDGEWAY RD BY SHILO INN-WASHINGTON SQUARE
LAKE OSWEGO,OR 97034 11600 SW SHILO LN
PORTLAND,OR 97225 -
1 S 135 B D-00900 1 S135 BD-01100
DORR GEORGE/ANNA MARIE TRUSTEES SHADY LANE COMMERCIAL BUILDWG
DORR JOHN D& LIMITED PARTNERSHIP
DORR PATRICK M 7720 SW WESTGATE
9925 SW 77TH PORTLAND,OR 97225
PORTLAND,OR 97223
1 S 1356D-00700 1 S 1358D-00300
HARING JACK SHADY LANE PROPERTIES LLC
PO BOX 65387 ATTN: BENJAMIN SCHWARTZ MD
VANCOUVER,WA 98665 9735 SW SHADY LANE#100
TIGARD,OR 97223
1 S 135 B D-00200 1 135 BD-01000
HUGGINS DONALD L&MARLENE R TIG CI OF
PO BOX 1503 1312 ALL BLVD
POLSON, MT 59860 ARD,0 7223
1S1356B-00700 1S135BC-00300
LANPHERE PROPERTIES V LLC UNITED STATES BAKERY
12505 SW BROADWAY PO BOX 14769
BEAVERTON,OR 97005 PORTLAND,OR 97214
1356B-00800 1S1356A-03300
LA E ROPERTIES V LLC UNIVERSUS
125 BROADWAY BY STEVE ECOFF
AVERTO OR 97005 442 GLENWOOD DR
OXNARD,CA 93030
1 St 356C-00900 1 S135BC-00200
PAULSON LIMITED LIABILITY CO VERIZON NORTHWEST INC
BY RICHARD G PAULSON SR PO BOX 152206
1511 NE 150TH AVE IRVING,TX 75015
PORTLAND, OR 97230
1
2 � i
� �
Nathan and Ann Murdock Mildren Design Group
PO Box 231265 Attn: Gene Mildren
Tigard, OR 97281 7650 SW Beveland Street, Suite 120
Tigard, OR 97223
Sue Rorman Diane Baldwin
11250 SW 82�d Avenue 3706 Kinsale Lane SE
Tigard, OR 97223 Olympia,WA 98501
Naomi Gallucci
11285 SW 78�"Avenue
Tigard, OR 97223
Michael Trigoboff
7072 SW Barbara Lane
Tigard, OR 97223
Brad Spring
7555 SW Spruce Street
Tigard, OR 97223
Alexander Craghead
12205 SW Hall Boulevard
Tigard, OR 97223-6210
Gretchen Buehner
13249 SW 136th Place
Tigard, OR 97224
John Frewing
7110 SW Lola Lane
Tigard, OR 97223
CPO 4B
16200 SW Pacific Highway, Suite H242
Tigard, OR 97224
CPO 4M
Pat Whiting
8122 SW Spruce
Tigard, OR 97223
CITY OF TIGARD - EAST INTERESTED PARTIES �i:\curpin\setup\labels\CIT East.doc) UPDATED: 21-Oct-05
AFFIDAVIT OF MAILING CITY�OFTIGARD
C�mmunity��L�et�e��pin��tt
ShapingA Better Community
I, �PatricraG. GunsforcC, being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrativeSpecral'utfor the
�'ity of 7'rgarcf, `Was(zington Coun�y, Oregon and that I served the following:
{Check Pppopriate Box(s)Below}
❑X NOTICE OF FINAL ORDER FOR:[�i CUP2005-00002/RAINBOW PARK AND PLAYGROUND
� AMENDED NOTICE (File No./Name Reference)
HEARING BODY: HEARING DATE:
� City of Tigard Planning Director
� Tigard Hearings O�cer (2113/2006)
❑ Tigard Planning Commission
❑ Tigard City Council
A copy of the said notice being hereto attached, marked Exhlbit"A", and by reference made a part hereof, was mailed to
each named person(s) at the address(s) shown on the attached list(s), marked Eflhlblt"B", and by reference made a part
hereof, on March 10,2006,and deposited in the United States Mail on March 10,2006, postage prepaid.
% � �.
%
,
( _ �
��C4- �
(Person re re otic
,S7,A?E O�F�C'jON )
County of�Gt�as zngton )s.r
City of�Tigard ) .�
r
Subscribed and sworn/affirmed before me on the r day of , 2006.
t;>` UFri::�:',z�EAL _ . '
'� SUE ROSS / � � �
''�� NOTi'.F.•�PUBLIC-0AEGON
corrr,-�G�oN r�a.s���� My Comm si n Expires: �a "
MYCOMMISSIO(V��PIRES DEC.1,2007
� � EXHIBIT�
120 DAYS =4/15/2006(Includes a 4day elctension)
DATE OF FILING: 3/7/2006 ,�
.
-
CITY OF TIGARD � ' '
Washington County, Oregon
NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER
Case Numbers: CONDITIONAL USE PERMIT CLJI' 2005-00002
Case Name: RAINBOW PARK AND PLAYGROUND
Name of Owner. Donald L.&Marlene R H
Name of Applicant: Stan Nored Rainbow Park and Pla round Co.
Address of Applicant: 90496 .99 N. Suite 2 E ene OR 97402
Address of Properry: 9785 SW Shad Lane
Tax Ma /Lot Nos.: Washin on Co.Tax Assessor's Ma No. 1S135BD,Tax Lots 00200
A FINAL ORDER INGORPORATTNG THE FAGTS, FINDINGS AND CONCLUSIONS APPROVING A
REQUEST FOR A CONDITTONAL LJSE. T�IE QTY OF TTGARD HEARINGS OFFIC�R HAS REVIEWED
APPLICAN'I°S PLANS, NARRATTVE, MATERIALS, COMIv1ENTS OF REVIEWING AGENQES, TT�E
PLANI�IING DIVISIONS STAFF REPORT AND REOONIlvIENDATTONS FOR 'IT� APPLICATTON
DESCRIBED IN FURTF-�R DETAIL IN TF-� STAFF REPORT. THE HEARINGS OFFIC�R HELD A PUBLIC
HEARING ON FEBRUARY 13, 2006 TO REC�IVE TESTTMONY REGARDING THIS APPLICATTON. T�IIS
DEQSION HAS BEEN BASED ON THE FACTS, FINDINGS AND CONQ.USIONS GON'I'AINED WITHIN
T�-IIS FINAL ORDER
Reques� ➢ The applicant requests Conditional Use Permit approval or the use of an existing commercial building on
a .44 acre site for retail sales of playground equipment and the use of a portion of the outdoor area of the site for a
playground for use by the general public for fee. A conditional use pernlit is required to allow an outdoor
entertauunent use in the M�ed-Use Commercial zone. At the close of the record, the Hearings Officer conditionally
approved the request,subject to the conditions of approval within this final order.
Zone: MUC: Mixed Use Commercial District Ao�licable Review Criteria: Community Development Code Chapters 18330,
18.360, 18390, 18.520, 18.630, 18.705, 18.725, 18.745, 18.755, 18,765, 18.780, 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:
� Owners of Record within the Required Distance ❑X Affected Government Agencies
❑X Interested Parties ❑x The Applicants and Owners
The adopted findings of fact and decision can be obtained from the Planning Division/CommunityDevelopment Deparrment at
the City of Tigard Ciry Hall.
Final Decision:
THIS DECISION IS FINAL ON MARCH 10,2006 AND BECOMES
EFFECTIVE ON MARCH 25, 2006 LJNLESS AN APPEAL IS FILED.
Ap peal:
The decision of the Review Authority is final for pur�oses of appeal on the date that it is mailed. Any party with standing as
provided in Section 18.390.040.G.1. may a�peal tlus decision in accordance with Section 18390.040.G.2. of the Tigard
Community Develo ment Code which provides that a written appeal together with the required fee shall be filed with the
Director vc�thin ten�10) business days of the date the notice of the decision was mailed. The appeal fee schedule and forms are
available from the Planning Division of Tigard CityHall, 13125 SW Hall Boulevard,Tigard,Oregon 97223.
THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON MARCH 24, 2006.
Questions: If you have any questions,please call the City of Tigard Planning Division at (503� 639-4ll1.
BEFORE THE LAND USE HEARINGS OFFICER
FOR THE CITY OF TIGARD, OREGON
Regarding an application by Stan Nored far a ) F I N A L O R D E R
conditional use permit for an outdoor commercial )
� playground and retail sales in existing building ) CUP 2005-00002
at 9785 SW Shady Lane in the City of Tigard, Oregon) (Rainbow Park& Playground)
A. SUMMARY
1. The applicant, Stan Nored, requests approval of a conditional use permit (CUP)
to use an existing 2000 square foot commercial building for retail sales of playground
equipment and the use of an approximately 8000 square foot outdoor area as a
playground for use by the general public on a fee basis. The 0.44-acre site is located in
the northeast quadrant of the intersection of SW Greenburg Road and SW Shady Lane, at
9785 SW Shady Lane; also known as tax lot 00200, WCTM 1S135DB (the "site"). The
site is zoned MUC (Mixed Use Commercial). The proposed indoor retail sales use is
permitted in the MUC zone. A conditional use permit is required for the proposed
outdoor commercial playground in the MtJC zone.
2. City Hearings Officer Joe Turner(the "hearings officer") held a duly noticed
public hearing regarding the application. City staff recommended that the hearings officer
approve the CUP, subject to conditions. See the Staff Report to the Hearings Officer
dated February 6, 2006 (the "Staff Report"). The applicant's representative accepted the
findings and conditions of approvals recommended by City staff with certain exceptions.
No one else testified orally or in writing other than public agency staff. The principal
disputcd issues in this case include the following:
a. Whether the applicant is required to plant street trees along the site's
Greenburg Road frontage;
b. Whether the applicant is required to obtain a sign permit to change the
existing signs on the site; and
c. Whether and to what extent the applicant is required to treat stormwater
runoff from the site.
3. For the reasons stated herein, the hearings officer approves the proposed use,
subject to the conditions at the end of this final order.
B. HEARING A1VD RECORD HIGHLIGHTS
1. The hearings officer received testimony at the public hearing about this
application on February 13, 2006. All e�ibits and records of testimony are filed with the
Tigard Department of Community Development. At the beginning of the hearing, the
hearings officer made the declaration required by ORS 197.763. The hearings officer
disclaimed any ex parte contacts, bias or conflicts of interest. The following is a
summary by the hearings officer of selected testimony offered at the public hearing in
this matter.
2. City planner Gary Pagenstecher summarized the Staff Report and responded to
issues raised by the applicant.
a. He argued that it is feasible to plant street trees along the site's
Greenburg Road frontage. The fill slope touches the northwest corner of the site, but
there are flat areas near the southwest corner,which can accommodate trees.
b. He testified that changes to the existing signs proposed by the applicant
may be exempt from sign permit requirements. However there is insufficient information
in the record to make that determination at this stage. He req«ested the hearings officer
modify condition 19 to require that the applicant obtain a sign permit or demonstrate that
any changes to the existing signs are exempt from permit requirements.
3. Planner Ed Murphy and property owner Stan Nored testified for the applicant.
a. Mr. Nored accepted the findings and conditions of approval in the Staff
Report with certain exceptions listed by Mr. Murphy.
b. Mr. Murphy argued that it is impractical to plant trees along the site's
Greenburg Road frontage. Greenburg Road is elevated above the site. The site's
"frontage" consists of a 1:1 slope with large rock boulders and fences at the top and
bottom of the slope.
i. He argued that condition 9 is unnecessary because the applicant
is not required to construct half-street improvements. All of the streets abutting the site
are fully improved to current City standards.
ii. He questioned why condition 11 requires a street addressing fee.
The site has an existing address.
iii. He argued that proposed changes to the face of the existing
signs on the site are exempt from sign permit requirements pursuant to TMC 18.780.060.
Therefore condition 19 should be deleted.
iv. He argued that the applicant should not be required to treat
stormwater runoff from the site. The proposed development will reduce the amount of
impervious surface area on this developed site. The cost of installing catch basin
stormfilters far exceeds the benefit and may preclud�the proposed development. CWS
has waived the treatment requirement in other cases.
CUP 2005-00002 Hearings Officer Final Order
(Rainbow Park&Playground) Page 2
4. City Planning Manager Dick Bewersdorff noted that the Code requires that the
applicant plant street trees on all street frontages abutting the site unless the applicant
requests and the City approves a variance. He opined that CWS's regulations are not land
use standards subject to the hearings officer's review. They are public works standards,
subject to approval by the City engineer.
5. City engineer Kim McMillan testified that the City may have "retired"the .
address of the site, in which case the applicant will be required to pay an address fee for a
new address. No fee is required if the existing site address remains valid.
a. She noted that the applicant is not required to construct half-street
improvements. However the development may require a PFI permit for other work in the
public right of way. She requested the hearings officer modify condition 9 to delete the
referenc.e t� "half-street improvements."
b. She noted that the City has an agreement with CWS to implement
CWS's regulations. However the City's regulations can be more restrictive than CWS's.
CWS has waived the stormwater treatment requirement in other cases where compliance
would require regarding the majority of the site. In this case the applicant is only required
to install filters in the existing catch basins on the site. The applicant is proposing to
"redevelop" the site as defined by CWS's regulations.
6. At the end of the hearing, the hearings officer ordered the public record held
open for one week for the applicant to address the stormwater treatment requirements.
The hearings officer held the record open for a second week to allow City staff to
respond to the applicant's submittal and for a third week for the applicant to submit a
final argument. During the open record period the applicant reached an agreement with
the City to replace one of the two existing catch basins. See the February 17, 2006 letter
from Mr. Murphy and the February 21, 2006 email from Mr. Pagenstecher. Therefore the
record in this case closed at 5 PM on February 21, 2006.
C.DISCUSSION
1. City staff recommended that the hearings officer approve the application based
on findings and conclusions and subject to conditions of approval recommended in the
Staff Report as amended at the hearing and during the open record period. The applicant
accepted those conditions as amended, with certain exceptions. No one disputed the
findings in the Staff Report. The hearings officer agrees with those findings, conclusions
and conditions, and adopts the affirmative findings in the Staff Report as support for this
Final Order.
CUP 2005-00002 Hearings Officer Final Order
(Rainbow Park&Playground) Page 3
2. The hearings officer finds that the applicant is required to plant street trees
along the site's Greenburg Road frontage. TDC 18.745.040 states that all development
projects fronting on a public street shall be required to plant street trees in accordance
with Section 18.745.040.C. The hearings officer has no authority to waive this
requirement except through the adjustment and variance provisions of TDC 18.370. The
applicant has no requested a variance application. Therefore the hearings officer must
impose a condition of approval requiring that the applicant plant street trees along the
site's Greenburg Road frontage.
3. The applicant proposed to utilize the existing pole sign in the northwest corner
of the property and the chimney sign on the existing building. The applicant argued that
he will only change the copy of the existing signs. Such changes are exempt from sign
permit requirements pursuant to TDC 18.780.060.C. The hearings officer finds that there
is insufficient evidence in the record to determine whether the planned sign changes fall
within the limited exemption standards of TDC 18.780.060.C. Therefore the applicant
obtain a sign permit or demonstrate that the proposed changes are exempt from permit
requirements. Condition 19 should be modified to that effect.
4. During the open record period the applicant proposed to replace the eastern
catch basin on the site with a stormfilter catch basin. See the February 17, 20061etter
from Mr. Murphy. Ms. McMillan accepted the proposed change. See the February 21,
2006 email from Mr. Pagenstecher to the hearings officer. The hearings officer finds that
the proposed treatment is adequate to comply with CWS requirements, based on Ms.
McMillan's expert opinion. Condition of approval 13 should be modified to that effect.
D. CONCLUSI�NS
The hearings officer concludes that the proposed conditional use permit does or
can comply with the applicable approval criteria and standards of the Tigard Community
Development Code,provided development that occurs after this decision complies with
applicable local, state, and federal laws and with conditions of approval warranted to
ensure such compliance occurs. Therefore the application should be approved subject to
such conditions.
E. DECISION
In recognition of the findings and conclusions contained herein, and incorporating
the Staff Report and public testimony and exhibits received in this matter, the hearings
officer hereby approves CUP 2005-00002 (Rainbow Park&Playground), subject to the
following conditions of approval:
CUP 2005-00002 Hearings Officer Final Order
(Rainbow Park&Playground) Page 4
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO ISSUANCE OF THE SITE AND/OR BUILDING PERMITS:
The applicant shall prepare a cover letter and submit it, along with any supporting
documents and/or plans that address the following requirements to the CURRENT
PLANNING DIVISION, ATTN: Gary Pagenstecher 503-639-4171, EXT 2434. The
cover letter shall clearly identify where in the submittal the required information is
found:
1. Prior to issuance of building permits, the applicant shall submit a lighting plan for
the entire project site.
2. Prior to the issuance of building permits, the applicant shall submit a revised site
plan showing the visual clearance triangle for the intersection of the driveway and
SW Shady Lane.
3. Prior to the issuance of building permits, the applicant shall submit a revised site
plan including wheel stops as required by the TDC Chapter 18.765.
4. Prior to the issuance of building permits, the applicant shall submit a revised site
plan that includes two bicycle parkmg spaces that are designed and constructed to
the standards that are identified in TDC Section 18.765.050.
5. The applicant shall submit a revised landscape�lan showing the required street
trees on SW Shady Lane and Greenburg Road mcluding information on the
species, size, and location of the proposed street trees for the City Forester's
review and approval.
6. The applicant shall submit a landscape plan with sufficient detail to demonstrate
the parking areas will be effectively screened from view.
7. The applicant shall submit a landsca�e plan that meets the minimum landscaping
and screening standards of the Washmgton Square Regional Center, TDC
18.630.090.
8. The applicant shall submit a revised site plan demonstrating all service facilities
are effectively screened from view.
The applicant shall prepare a cover letter and submit it, along with any supporting
documents and/or plans that address the following requirements to the
ENGINEERING DEPARTMENT, ATTN: Kim McMillan 503-639-4171, EXT 2642.
The cover letter shall clearly identify where in the submittal the required
information is found:
9. Prior to issuance of a site permit, a Public Facility Improvement (PFI) permit is
required for this project to cover any work in the public right-of-way. Six (6) 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
p�:blic improvements. Public Facility Improvement (PFI)perzr�it 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).
CUP 2005-00002 Hearings Officer Final Order
(Rainbow Park&Playground) Page S
10. The PFI permit plan submittal shall include the exact legal name, address and
tele�hone number of the individual or corporate entity who will be designated as
the `Permittee", and who will provide the financial assurance for the �ublic
improvements. For example, specify if the entity is a corp oration, limited
�artnership, LLC, etc. Also specify the state withm 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.
11. Prior to issuance of the Site permit, the applicant shall�ay the addressing fee, if
required. (STAFF CONTACT: Shirley Treat, Engineermg).
12. The applicant shall submit construction plans to the Engineering Department as a
part of the Public Facility Improvement permit, indicating that they will construct
the following frontage improvements along SW Shady Lane as a part of this
project:
A. street trees in the planter strip spaced per TDC requirements;
B. driveway apron removal and replacement;
C. hedges trimmed or removed along east property line.
13. The applicant's plans shall be revised to provide on-site water quality treatment
per CWS Section 3.12(d) (2)by either replacing the east on-site catch basins or
constructing a water quality pond or swale.
14. The applicant shall provide connection of pro�osed buildings to the public
sanitary sewerage system. A connection permit is required to connect to the
existing public sanitary sewer system.
15. The applicant shall obtain a�proval from the Tualatin Valley Water District for
the proposed water connection prior to issuance of the City's Public Facility
Improvement permit. •
16. An erosion control plan shall be provided as part of the Public Facility
Improvement�PFI)permit drawings. The plan shall conform to the "Erosion
Prevention an Sediment Control Design and Planning Manual, February 2003
edition."
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO A FINAL BUILDING INSPECTION:
The applicant shall prepare a cover letter and submit it, along with any supporting
documents and/or plans that address the following requirements to the CURRENT
PLANIVING DIVISION, ATTN: Gary Pagenstecher 503-639-4171, EXT 2434. The
cover letter shall clearly identify where in the submittal the required information is
found:
17. Prior to a final building inspection, the applicant shall clearly identify and mark
the location of the access dnve in accordance with TDC Section
18.765.040(B)(3).
18. Pricr to a final building inspeciion, the site shall be inspected to ensure that curbs
or wheel stops are provided as required by the TDC Chapter 18.765.
19. Prior to a final building inspection, the applicant shall apply for a sign permit and
supply staff with the appropriate plans to verify compliance with TDC Chapter
18.780 and 18.630.070 or demonstrate that proposed changes to the existing signs
are exempt from permit requirements pursuant to TDC 18.780.060.C.
CUP 2005-OOOOl Hearings Officer Final Order
(Rainbow Park&Playground) Page 6
The applicant shall prepare a cover letter and submit it, along with any supporting
documents and/or plans that address the following requirements to the
ENGINEERING DEPARTMENT, ATTN: Kim Mcl�iillan 503-639-4171, EXT 2642.
The cover letter shall clearly identify where in the submittal the required
information is found:
20. Prior to a final building inspection, the applicant shall complete any work in the
' public right-of-way (or public easemcnt) and obtain approval from the
Engineermg Department.
21. Prior to a final building inspection,the applicant shall demonstrate that they have
entered into a maintenance agreement with Stormwater Management, or another
company that demonstrates they can meet the maintenance requirements of the
manufacturer, for the proposed onsite storm water treatment facility. If a water
quality pond or swale is constructed instead of replacing the catch basins the
applicant's engineer shall submit a maintenance plan to the City engineering staff
for review and approval.
22. Prior to a final building inspection, the applicant's engineer shall provide a final
sight distance certification.
FAILURE TO SATISFY TAE CONDITIONS OF APPROVAL WITHIN 18
MONTHS OF THE EFFECTIVE DATE OF THE HEARINGS OFFICER'S
DECISION SHALL RENDER THE HEARINGS OFFICER'S DECISION VOID.
DATED this 7`�day of March 2006.
J urner, Esq., AICP
City of Tigard Land Use Hearings Officer
CUP 2005-00002 Hearings Officer Final Order
(Rainbow Park&Playground) Page 7
�/ . • - .
�` GEOGRSVHIC INFORMATION SYSTEM
O
- � � ,?`' naN�rr �
� D
n
D � � � � � � �
�
m
CUPZ005-00002
_ _ _ _ _ _ _ _
RAI N BOW PARK
- AND PLAYGROUD
\
S FERR
ry0
A H14�Y `Eaav
s
s��� G a y
� �`� �
� auu Q �eoHn� o
J�" 1 � �
�� B�ao no
��
Ui� Tqard Area Map �
�
N
000�
oo°oo °000
oo°o� o°opo°
��o� � ; 0 200_ 400 600 eat
Q
1"�409 feet
o�
00
00
� City of Tigard
DAKOTA Infortnatbn on this map is fw general bcalion only and
chould be varifiad with Ihe Developmanl Services Division.
13125 SW Hall Blvd
Tigard,OR 97229
(503)639-4177
http:!lww.v.ci.ligard.or.us
Community Development Plot date:Dec 16,2005;C:�rnagicWIAGIC03.APR
/ /� `
PROPERTY LINE(TYP.)
__
i _'_ _
i
I I _._�_._.. '
� E ISTINC TREE (TYP.) I i I..__-__-_---. '_ -'-
�.P i � � I i � � i � ' -__-_-
�1^O�, / ----' f I ! i i '
O �
���� EXISTING SIGN �/ I �
�� BIKE RACK REFUSE/RECYCLING
J.` - . ----- -r--��-� ----------
�O � / .._, _., ..
' i
4, r__' �_■ D
oQ ' `------- ---� �-----
�' f� E%ISTING CONCREiE �
Q �.�, � ' CURB/PAVING -
%'PICNIC AREA I
pP c`' ' vnr�sHa�E I
Q- �}`' � CLOTH&WATER E%ISTING BUILDING
�� FEATURE 2000 S.F. GF.A. I____...
0J I —
� �
�--- �-
�� NEW CONLRETE �------
V� PAVING(T1P.)
�� \\ �� I
`PLAY AREA WITH �� PEDESTRIAN �---
i ACCE55 PROPERTY
ENGINEERE�WOOD � i� � LWE(TYP.)
FIBER SURFACING � ;------- m� i----
. NEW CURB (9000 s.L) � ---�---' � �
i
I I
E%. OVERHEAD � � 1�• �fl5 i
CANOPY �� ���
NEW FENCE i �5' �
- (CONNECT EX. BOOTH i � �--�—
- TO EXISTINC) ------- �.� EXISTINC ° C ts.s' I
. i 0 - ASPHALT
C �—._
NEW CURB I NEW CURB �
__ J �___
L _ C ��--�--1
' f
6 --.
� NEW STREET TREES NEW CONCRETE
� NEW CONCRETE ORIVEWAY APRON NEW CONLRETE CURB
CURB&SIDEWAIK de SIDEWALK(TYP.)
SW SHADY LANE
�-� -- -- ---T--- --.' - �--
T--, -- -- -- --
— ...
I I--I -, � " -� � � � j I
I �— -- --—
t:-�-- I I '.._ � -- � i
,_, ��"=� � I � �� T1 ' ' I , � �
� ��_� I � � Ii � ! ! '
cmo�p �'�� O� �'���D T CUP2005�0000�
SITE PLAN N
RAINBOW PARK & PLAYGROUND
Ma is not to scale
EXH I B IT,$_..
Stan Nored
Rainbow Park and Playground Co. CUP2005-00002
90496 Hwy. 99 N., Suite 2 RAINBOW PARK AND PLAYGROUND
Eugene, OR 97402
Donald L. & Marlene R. Huggins
PO Box 1503
Polson, MT 59860
LDC Design Group
Attn: Ed Murphy
20085 NW Tanasbourne Drive
Hillsboro, OR 97124
Ed Murphy
9875 SW Murdock Street
Tigard, OR 97224
Stan and Audene Nored
1650 NW Garfield Avenue
Corvallis, OR 97330
-� y � y . . ,
/�` GEOGFAPHIC INFORMA?��JM1 S�STEM
GO
D � _ � nc�N��r �
�
D � � � � � � �
� �
m
-- - � CUP2005-00002
; ,
_ _ _ _ _ _ _ _ �
_ '� RAI N BOW PARK ��
i
AND PLAYGROUD '�
� �F
T GFS FER
�
��-- �_
AVE — _ �HADY . �N � - ' �
_ —_ I I J V
� r.. ' . � ;��
� ' � . 5 BONRpI
�J� � -� �� /) ; Q.
__- ____ __... . � ` '� "�/ �u�tNaM� .ko �
� R`V_ 4
�� ��� � � ��
� Tgard Area Map �
�
0 0 0
N
�o�°o°o°p°o
000�o000
0000 oopo
0 0 0 0 0 0 0 0
°oo°oo° W
o > 0 200 400 600 feel
¢ �I 1"=409 feet �
—
°o I
00
00
°oo
�o —� City of Tigard
= . i V�RTn �AK�TA — Informaaon on this map is tor general location ony and
-- - should De venfied with Me Developnent Services Division.
13125 SW Hall 81vd
TpaM,OR 97423
1 (5031 639-1171
. , - --- - - - __ _ I -- --, hnp:lMv.w.ci.tigard.or.us
Community Development Plot date: Dec 16,2005;C:lmagicWIAGIC03.APR
I
/ ��
/ 1 PROPERTY�INE(TYP.) `�
I �� _
Q,� E�ISTING TREE(TYP.) �' �� - �
1 � i�
`V O`�
/ � O
'r��� EXISTING SIGN �/
�� BIKE RACK REFUSE%RECYC'JNG
/ � .. . . . . . .. ..
� ��� --� ��� !� '��� � � �� � �
�
dtc, � �------ ----� -
'�' Ex15TING CONCRETE
C11R8/PAVING -
Q 2V� � PICNIC AREA
�OP +�� N9TN SHnDE FXISTING BUILDING
� CLOTM k WFTER -
� FEATURE 2000 SF. G.F.A. .._ _.
J�
�
�c,�' � � �——— -- --
I (v NEW LONCRETE -- --
�� PAVINC(T1P.) �O
�� � PLAY AREA WITM �� PEDESIRIAN -�
ENGINEEREO W000 PROPERTv
i ACCm�
FIBER SURFAC�NG I ; ' --'-- � _ _ LINE (7yp.)
- NEW CURB (8000 s.f.) � ___� ' �
�
ie s•
E%. OVERHEAD � ���
CANOPY � -
i
, NEW FENCE EX. 800TH i 6 �
(CONNECT E%ISTING °O C�6-5'
TO EXiSTING) --------
I O ASPMAIT ---—
� C
\ — NEW CURB � _ NEW CURB --_
/ _ J
C
\ 5 _
NEW STREET TFEES NEW CONCRETE
uEw CONCREiE DR��vSwnv naRON NEw CJNCRETE CuRB
CURB dt SID.W.4lK k SID[WALK (TYP.�
�W SHADY LANE
-- -- --
— -- -- --�— T— -- ---- -- --�
— --------- --— i � — --
' � i
I -- — -- — -- I i
i
i
� �IT� �F T�GARD � CUP2005-00002
cm oF nc�wo
S� P� N
RAINBOW PARK & PLAYGROUND
Ma is not to scale
' � •
. PRE APR HELD BY:
C1TY OF TIGARD PLANN�NG� D.�VlS�ON �
13125�SW�HALL BOULEVARD TIGARD, OR 97223=8189 -
5Q3.639.4'{711503:684.7297 � 2��k:
cts�r oF ttGaa�
OREGON LAND �USE PERMlT APPLICATi�N � � �'�f������°��
Fiie# C�a o05-°�O a Other Case#
Date �d"13"�S SY �J Receipt# aovs- 519�0 �City � Urb�❑ �ate Complete j i2 D .
TYPE OF PERMIT YDU ARE APPLYlNG Ft�R
❑AdjustmentNariance (1 or II) ❑ Minflr Land Partition (l{} ❑Zone Change(lll) '
❑ Comprehensive Plan Amenciment{IV) ❑ Planned Development(I!1) ❑Zane Cf�ange Annexation {1V)
�j Conditiona} Use (Ilf) ❑ Sensitive Lands Review(i, 11 or Ill) ❑Zone�rdinance Amendment ([V)
❑ Historic Overlay(il or fll) ❑Si�e De�elopment Review(11}
❑ Home Occupation ((I) ❑Subdivision (II or ll!)
ress avai a e
9785 SW Shady Lane, Tigard, OR 97223
1S1356D00200 •
�,48-asras . �`t MUC '
LDC Design Group
20085 NW Tanasbourne Drive, Hillsboro, OR 97124
503.858.4242 � 503.645.5500
Ed Murphy 503.858.4242 �
is � more an one
Stan Nored — �/� ��/27G
90496 Hwy 99 n., Suite 2, Eugene, OR 97402
541.689.1702 541.463.0741 �
*When the owner and the applicant are different people, the applicant must be �g purchaser of record or a fessee in
possession with written authorization from tfZe owner or an agent of the owner. The�vlrvners must sign tfiis app(ication in the
space provided an the back of this form�or submit a writfen authorization with this application.
ease spea c �
Conditional Use Permit to allow an outdoor entertainment use in the Mixed-Use Commercial MUC zone
APPLICA'T10NS WILL NOT BE ACCEPTED WITHOUT ALL OF 7FlE REQUIRED SUSMfTTAL ELEMENTS AS
DESCRIBED IN fHE "BASIC SUBMiTTAL REQUIREMENTS" INFORMATION SHEE7.
. . � .
THE APPLICANT SHALL CERTIFY THAT:
♦ If the application is granted, the applicant shall exercise the rights granted in accordance with the
terms and subject to all the conditions and limitations of the approval.
♦ All the above statements and the statements in the piot plan, attachments, and exhibits
transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based
on this application, map be revoked if it is found that any such statements are false.
♦ The applicant has read the entire conterits 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.
,-'� `
' � ,.��'
� - "'`f ' �/Z �/05
�Owner's Signature Date
Owner's Signature Date
Owner's Signature Date
Owner's Signature Date
Owner's Signature . Date
Applicant/Agent/Representative's Signature Date
Applicant/Agent/Representative's Signature Date
CITY OF TIGARD
Commimity,77eveCopment
S(api�rg�BetterCommunity
LAND USE PROPOSAL DESCRIPTION
120 DAYS = 4/l 1/200fi
FILE NO.: CONDITIONAL USE PERMIT (CUP) 2005-00002
FILE TITLE: RAINBOW PARK AND PLAYGROUND
APPLICANT: Stan Nored OWNER: Donald L. & Marlene R. Huggins
Rainbow Park and Playground Co. PO Box 1503
90496 Hwy. 99 N., Suite 2 Polson, MT 59860
Eugene, OR 97402
APPLICANT'S LDC Design Group
REP.: Attn: Ed Murphy
20085 NW Tanasbourne Drive
Hillsboro, OR 97124
REQUEST: The applicant requests Conditional Use Permit approval for the use of an existing
commercial building on a .44 acre site for retail sales of playground equipment and the
use of a portion of the outdoor area of the site for a playground for use by the general
public for fee. A conditional use permit is required to allow an outdoor entertainment
use in the Mixed-Use Commercial zone.
LOCATION: 9785 SW Shady Lane; WCTM 1S135BD, Tax Lot 00200.
ZONE: MUC: Mixed Use Commercial District. The MUC zoning district includes land around
the Washington Square Mall and land immediately west of Highway 217. Primary
uses permitted include office buildings, retail, and service uses. Also permitted are
mixed-use developments and housing at densities of 50 unites per acre. Larger
buildings are encouraged in this area with parking under, behind or to the sides of
buildings.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.330, 18.360, 18.390, 18.520, 18.630,
18.705, 18.725, 18.745, 18.755, 18,765, 18.780, 18.790, 18.795 and 18.810.
DECISION MAKING BODY BELOW: ❑ TYPE I ❑ TYPE II � TYPE III ❑ TYPE IV
DATE COMMENTS WERE SENT: DECEMBER 19,2005 DATE COMMENTS ARE DUE: JANUARY 3, 2006
�HEARINGS OFFICER (MON.) DATE OF HEARING: FEBRUARY 13,2006 TIME: 7:00 PM
[PLANNING COMMISSION (MON.) DATE OF HEARING: TIME: 7:00 PM
[CITY COUNCIL (TUES.) DATE OF HEARING: TIME: 7:30 PM
[STAFF DECISION (TENTATIVE) DATE OF DECISION:
COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION
�VICINITY MAP � UTILITY PLANS � EXISTING CONDITIONS
�SITE PLAN � TREE PLAN ❑ IMPACT STUDY
�NARRATIVE � SIGHT DISTANCE CERTIF. ❑ STORM H20 ANALYSIS
STAFF CONTACT: Gary Paqenstecher, Associate Planner (503) 639-4171, extension 2434
_ �
10/04/2005 10:37 541-463-Q'�l RAINBOW PARK PLA�rRD PAGE 01
� - -- • �� - e7UGGINS �#QE 3a aes2
P- 81
OCtober 3, 2005
t�i 3TAN 10oRE�
RAII�OW PARIC & P[,AYGROUND C0.
AEi Fraperty lacated at 9785 S.W, SE�AD'y LANE
TIGARD; OItEGON
Deax �r. Nored�
AS OWHER OF TI� PAOPERTY LOCATSD AT 9785 S.W. SHADY IJINE� TIGAAD,
OREGOp, 97223., ppu h�ve �r permiseioa to suhmit ari appl�cation
for a COND11`YpNpL 175E PE'RMIT TO TNE �ITy,► OF TZGARD.
IP TH�RE ARF A3�Y QULSTIONS IN REGARAS '[U THIS, PI,FASF FEEL FliEE
T'0 CONTACT 1�.
SI ELY� ,
, •
` �,0 LD L�' !I� e!�6i
�.�. B0� 1503
POT.SOI�, MDN2ANA 59860
phoae� (t�08) $85-4082
�
�<
,f.
LDC
October 11, 2005 Design Group
a Poroti compony
Dick Bewersdorff, Planning Manager
City of Tigard
13125 SW Hall Blvd.
Tigard, Oregon 97223
RE: Conditional Use Permit for Outdoor Entertainment
Dear Mr. Bewersdorff:
Enclosed are three copies of an application for a Conditional Use Permit for
a proposed outdoor entertainment use in the Mixed-Use Commercial zone,
located at 9875 SW Shady Lane. Separate from the application, I am
submitting the following documents.
♦ A completed application form;
♦ A check for the filing fee in the amount of $4790;
♦ A title report;
♦ A letter of authorization from the property owner;
♦ Two sets of stamped, addressed envelopes;
• An affidavit of posting and mailing notices;
Once you have reviewed the application, please let me know if you need
anything else to deem the application complete, or if it is complete, how
many additional copies you will need.
Thank you, Dick.
Sincer ly,
E Murphy
Comprehensive Planning Manager
20085 NW Tanasboume Drive
cc. Stan Nored, Rainbow Park and Playground H�iiSboro,OR97124
Project File # 0937.001 P503.858.4242
F 503.645.5500
E hillsboro@Idcdesign.com
www.ldcdesign.com
Hillsboro,OR
Tiliamook,oR
Vancouver,WA
Bellevue,wp
�oeur d'Alene,iD
Rocklin.CA
Clermon[,FL
� - � � i��;,�� ��; . , =�,�� ���- <<,�;
' �
LAND USE APPLICATION DateeCt� ,��`�'s-�=�z
COMPLETENESS REVIEW ❑ COMPLETE �INCOMPLETE
STANDARD INFORMATION•
[�( Deed/Title/Proof Ot Ownership [� Neighborhood Mtg. Affidavits, Minutes, list Of Attendees {-� Impact Study (18.390)
� USA Service Provider Letter /d� Construction Cost Estimate /� ❑ # Sets Of Application Materials/Plans
[� Pre-Application fonference Notes ,� Envelopes With Postage (Verify Count) �� �`
PROJECT STATISTICS• �!/�d
❑ Building Foatprint Size ❑ %Of Landscaping On Site ❑ %Of Building Impervious Surface On Site
❑ lot Square Footage
PLANS DIMENSIONED•
❑ Building Footprint ❑ Parking Space Dimensions(Include Accessible�Bike Parking) ❑ Truck loading Space Where Applicable
❑ Building Height ❑ Access Approach And Ai51e ❑ Visual Clearance Triangle Shown
ADDITIONAL PLANS•
❑ Vicinity Map ❑ Architectural Plan ❑ Tree Inventory
❑ Existing Conditions Plan ❑ Landscape Plan
❑ Site Plan ❑ lighting Plan
TREE PLAN/MITIGATION PLAN:
o °❑
ADDITIONAL REPORTS: (list any special reports)
°a o
❑ o
RESPONSE TO APPLICABLE CODE SECTIONS• ���i �✓����
0 I H.33O(Condioonal Use) ❑ I E.GZO(figard Triangle Design Standards) � I H.lGS(O((-Street Parlting/Loading Requirements)
❑ I a.34O(�irector's Interyrerabon) Q I H.G3O(Wuhingron Square Regional Cencer) ❑ I S.7�S(Se�iere lands Aeview)
❑ I B.3SO(Planned Development) � I H.JOS(Acceu/Egress/GrculaGOn) � �$.]$�(Signs)
Q I B.3GO(Site Development Reriew) � I S.�I O(Accessory Residenbal Unia) ❑ I H.7SS(femporary Use Permiu)
❑ I B.3 J O(Yariances/Adjustnents) ❑ I H.l I S(Densiry Computauons) ❑�r I B.�9O(tree Remonl)
❑ I S.3 SO(2oning Map/fext Amendmen�) � I H.�2O(Design(amp�n6iGry Standards) � I 8.795�vi:ual Clearance Areas)
❑ I 8.38$(Misceuaneous Permi�) � I H.TZS(Environmental PeAomiana Shndards) ❑ I 8.79�(Water Resources(WA)Oveday District)
Q I B.39O(Decision Making ProcedursAmpact Smdy) � I H.13O(Excepoons To Derebpment Swduds) ❑ I E.798�reless Communicaoan Fadliea)
❑ I 8.4I O(lot line Adjustrnents) ❑ �8.740(Nistoric Ove�y)
❑� �8.8�0(�treet&Ublity Imprmement Sbndards)
❑ I H.42O(Land Puobons) � I 5.�42(Name OtcupaEon Permih)
❑ I 8.430(Subdirisions) Q I 8.74$(l�n&aping&kreening Snndar&)
❑ I H.S I O(Residenual Ioning Districts) ❑ I$.�SO(Manufacwred/Mobil Home Regulauons)
❑ I H.S2O(Commercial loning Distnc�) ❑r I8.7SS(Mixed Solid Wute/Recyclingironge)
❑ I B.S3O(Indusvial ioning Dishicts) � I E.�GO(Nonconfaming Situaoons)
ADDITIONAL ITEMS• � /
��/� . ,/ �e�+�,G►-'`'�`M
I/`E' ''c-� �.t�+'�,,�'C.- �V
�:\curpin\masters\revised\land use application completeness review.dot REVISED: 17-Jan-01
/i ti ��
/ - rrt�
�
,1 �.�c - �t,�tt'.l'- ls'�2 �'''
1`u-�C..ca - a/C
�� • ��rre'S+""_�-°'��`�S r -
j ai�ls.d�'l�rf �f�'� fJ !r G C�!
� �� wt/R '! C
_,�;u
.._..___._ �N►- ��
�
.���
November 15, 2005 C�TM QF T�G��
Ed Murphy
OREGON
LDC Design Group
20085 NW Tanasbourne Drive
Hillsboro, OR 97223
RE: Completeness Review- Rainbow Park and Playground
Case File No. CUP2005-00002
Dear Mr. Murphy:
The City has received your application for Conditional Use Approval
(CUP2005-00002) to allow outdoor entertainment on the site of an existing
building located at 9785 SW Shady Lane. Staff has completed a preliminary
review of the submittal materials and has determined that the following additional
information is necessary before the app�ication can be deemed complete:
1. Narrative. Your application included a narrative. However, the findings in your
narrative are incomplete and should be revised; two examples follow:
On page 3 you state that "the play area will be used for birthday parities and
special events. The facilities will be available for use for a fee, at prescribed
times." However, you will need to specifically quantify the outdoor
entertainment aspect that is the subject of the CUP proposal. The success of
the application will depend on how active the use of the outdoor facilities will
be such that the primary use can be reasonably defined as "outdoor
entertainment" and not "outdoor display", which is prohibited.
On page 11 you state that the "proposed use is not subject to the Site
Development Review Chapter of the code." However, the proposed
development does not have a valid conditional use approval, but is instead a
new conditional use, which is not exempt. You must provide findings for the
relevant code provisions of the Site Development Review Chapter.
As this conditional use application is a matter to be heard before the Hearings
Officer, it is important that there be sufficient evidence in the record for staff to
make positive findings. It is beyond our scope to assume facts.
2. Public Facility Items. Please provide the information required by our
development review engineer, as shown on the attached sheet.
13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD (503)684-2772
3. Number of application copies. After the application has been found complete,
please submit 10 FULL SETS of your revised application materials: plans,
written documents, forms etc, along with three large size sets of plans, 6
reduced size plan sets, and one 8 '/2 x 11 inch set for our records. The
resubmitted sets must include everything your initial application submittal
contained: background material, preapp notes, application form, everything
that you are relying on for your application package. Incomplete sets will not
suffice and will cause further delays in staff's review.
Should you have any questions with regard to these items, please contact me at
503-639-4171 ext 2434.
Sincerely,
� � °��-�./
� I
Gary Pagenstecher
Associate Planner
c: CUP2005-00002 Land Use File
i:lcurpinlgary\cup\cup2005-00002 rainbow park\cup2005-00002 incomplete.doc
/11✓� J il i,(N�,.. c�f.1� �,S l�N � C 8�.�7
i�'
PUBLIC FACILITY PLAN Project: tcainbow Park & Plavqround
COMPLETENESS CHECKUST Date: 11/15/05
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. Show existin ROW dimensions
❑ Centerline of street s clearl shown.
❑ Street name s shown.
❑ Existin / ro osed curb or ed e of avement shown. Show curb to curb dimensions
❑ Street rofiles shown.
❑ Future Street Plan: Must show street profiles, topo
on ad'acent arcel s , etc.
❑ Traffic Impact and/or Access Report Address 18.705.030.H.2.
Address 18.705.030.H.1 by providing
reliminar si ht disfance certificafion
❑ Street rades com liant?
❑ Street/ROW widths dimensioned and a ro riate? Show dimensions
❑ Private Streets? Less than 6 lots and width
a ro riate?
❑ Other:
SANITARY SEWER ISSUES
❑ Existing/proposed lines shown. Show existing and proposed, including
service lateral
❑ Stubs to ad�acent arcels re uired/shown?
WATER ISSUES
❑ Existin / ro osed lines w/ sizes noted? Show exisfin meter and size
❑ Existin / ro osed fire h drants shown? Show nearest h drant
❑ 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 these
❑ Preliminary sizing calcs for water quality/detention Must provide water quality freatmenf for all
provided? impervious surface area, existing and
ro osed.
❑ Water ualit /detention facilit shown on lans? Show water ualit facilit
❑ 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
REVISED: 11/15/05 ` �,-- t 5�V �
V/'�'
11/15/2005 10:27 FAX 5035981960 CITY OF TIGARD f�001
������*��������������
�*� TX REPORT ���
��*������������������
TRANSMISSION OK
TX/RX NO 0620
CONNECTION TEL 503645550a
SUBADDRESS
CONNECTION Ill
ST. TIME 11/15 10:27
USAGE T OD'31
PGS. SENT 1
RESULT OK
PUBLIC FACILITY PLAN Project: Rainbow Park & P/avaraund
COMPLETENFSS CHECKLIST pate: �9/�5/05
GRADING
Existin and ro osed contours shown.
❑ Ar�there radin im acts on ad'acent arcels?
❑ Ad'acent arcel rades shown.
❑ Geotech stud submitted?
STREETISSUES
❑ Ri ht-of-wa clearl shown. Show existin ROW dimensions
Centerline of str�e# s clearl shown.
Street name s shown.
Existin / ro ased curb or ed e of avement shown. Shpw curb fo curb dimensions
Street rofiles shown.
Future Street Plan� Must show street profiles, tapo
on ad-acent arcel s etc.
Traffic Impact and/or Access Report Address 98.705.030.H.2.
Address 'l8.705.030.H.1 by providing
relimina si ht disfance cerfification
Street rades com liant?
❑ Street/ROW widths dimensioned and a ro ri�te? Show dimensions
Private Streets? Less than 6 lots and width
a ro riate?
❑ Ofher:
SANI'CARY SEWER 1SSUES
❑ Existi�g/proposed lines shown. Show exisfing and proposed, including
service lateral
❑ Stubs to ad'acent arcels re uired/shown?
WATER ISSUES
❑ Existin / ro osed lines w/sizes noted? Show exisfin mefer and size
❑ Existin / ro osed fire h drants shown? Show nearest h drant
❑ Pro osed meter location and size shown?
I—I n_.._...,....r c.... ...........,rc.... ......,..r.. ..r...,.,r�
LDC
December 5, 2005 Design Group
o Garat�compnny
Gary Pagenstecher, Associate Planner
City of Tigard
13125 SW Hall Blvd.
Tigard, Oregon 97223
RE: Conditional Use Permit for Outdoor Entertainment
Dear Mr. Pagenstecher:
Enclosed are ten (10) copies of an application for a Conditional Use Permit
for a proposed outdoor entertainment use in the Mixed-Use Commercial
zone, located at 9875 SW Shady Lane. Separate from the application, we
have already submitted the following documents.
♦ A completed application form;
♦ A check for the filing fee in the amount of $4790;
♦ A title report;
♦ A letter of authorization from the property owner;
• Two sets of stamped, addressed envelopes;
♦ An affidavit of posting and mailing notices;
We originally submitted this application on October 11, 2005. We
received a letter from Gary Pagenstecher dated November 15, 2005, more
than 30 days after we submitted the application.
With this submittal, we have responded to the comments made by Gary
and by Kim MacMillan, as follows:
1). Narrative. We quantified the outdoor entertainment aspects of the
proposal on pages 5 and 6 of the application, and we addressed the Site
Development Review Chapter of the Development Code on pages 12-16.
2). Public Facility Items. We added another drawing called "Existing
Conditions", which shows right-of-way and roadway dimensions, sanitary,
water and storm water lines, water meter location, fire hydrant location
and other information. We also provided a letter from a traffic engineer
related to sight distance (see Exhibit 'H'). We do not show a water quality
facility because we think the application should be exempt from any
requirements to provide storm water quality treatment. (See explanation
on pages 22-23).
20085 NW Tanasbourne Drive
3). Plan Sets. We are submitting 10 full sets of the revised application H�iiSboro,oR9��za
materials, plus three large sets of plans (11" X 17"), six extra reduced F503.648.5500
sets of plans �d�50 11" X 17���, and Of12 8 �/2�� X 11�� set for your records. en�iisbo�o�id�des�9r,.com
We are also attaching another set of the materials we submitted on www.ldcdesign.com
October 11, as listed above, except for the application fee and stamped, �����sn����,o�a
addressed envelops. "'.'°,°°k,°R
,�,��couver,wn
ilevue,wn
,�ur d'Alene,i�
Hocklin,Cn
Clermont,FL
December 5, 2005
Page 2 I D �
L
Once you have reviewed the application, please let me know when you Design Group
expect it to be scheduled for a hearing. �P�,��;���'p��Y
Thank you, Gary.
Sincerely,
Ed Murphy
Comprehensive Planning Manager
cc. Stan Nored, Rainbow Park and Playground
Project File # 0937.001
�
�
� LETTER OF TRANSMITTAL
LDC
Design Group � °���I ��'�
°°°�°"�M�,�°°y Date: December 6, 2005
To: Gary Pagenstecher � ' r �L►C"?
Firm: City of Tigard ��Y OF rIUARD
Address: NEERING
(LDC) Job No.: 0937.001
Project Name:
Agency No.: CUP2005-00002
Plancheck No.:
We are sending you: � Attached ❑ Under Separate Cover
� Copies Description
' 1 Cover Letter
10 Copies of Application
1 Copy of initial application submittal
�� 3 Large size plans (11 x 17)
6 Reduced size plans (11 x 17)
� 1 Reduced size plans (8 '/2 x 11)
�
These are being transmitted as indicated below:
�
� ❑ As Requested ❑ For Your Use
� � For Approval ❑ Other
�
�
0085 NW TANASBOURNE DRIVE
HILLSBORO OR 97124
PH 503. 858. 4242
FX 503. 645. 5500 Signature: Ed Murphy
WWW.LDCDESIGN.COM
CORPORATe OFFICE Phone: 503-858-4242
HILLSBORO. OREGON
TILLAMOOK, OREGON �
VANCOUVER, WASHINGTON
BELLEVUE, WASHINGTON
COEUR D'ALENE, IDAHO
ROCKIIN, CALIFORNIA
CLERMONT, FLORIDA
d�h;ii I;ilt�1
December 12, 2005 CITY �F TIGARD
OREGON
Ed Murphy
LDC Design Group
20085 NW Tanasbourne Drive
Hillsboro, OR 97223
RE: Completeness Review- Rainbow Park and Playground Case File No.
CUP2005-00002
Dear Mr. Murphy:
The City has received the information necessary to begin the review of your
Conditional Use application (CUP2005-00002) to allow outdoor entertainment on
the site of an existing building located at 9785 SW Shady Lane. Staff has,
therefore, deemed your application submittal as complete and will begin the
review process. The estimated time for rendering a decision from the date an
application is deemed complete is 6-8 weeks. Tentatively, a public hearing with
the Hearings Officer is scheduled for February 13, 2006 at 7:00 PM.
If you have any questions regarding your application, please don't hesitate to
contact me at (503) 639-4171 ext. 2434.
Sincerely,
>
��
Gary Pag nstecher
Associate Planner
c: CUP2005-00002 Land Use File
i:\curpin\gary\cup\cup2005-00002 rainbow park\cup2005-00002 complete.doc
13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD (503)684-2772
' � a r�
� �
,
. e�+
� Chicago Title Insurance Company of Oregon
�
PRELIMINARY TITLE REPORT
August 25,2005
TO: Chicago Title Insurance Company of Oregon Order No.: 414377
888 SW Fifth Ave- Suite 930 Escrow No.: 50-414377-CE
Portland,OR 97204 Ref: Huggins/Nored
ATIN•: Cheryle Stahel-Easiman
Phone No.: (503)973-7400
Standard Owner's Coverage $630,000.00 Premium $ 1,545.00
Municipal Lien Search $ 50.00
We are prepared to issue a title insurance policy in ALTA(1992)form and amount shown above insuring the title to the
property described herein. This report is preliminary to the issuance of a policy of title insurance and shall become null and
void unless a policy is issued, and the full premium therefore paid.
Dated as of: August 12,2005 at 08:00 AM
Vestee: Donald L. Huggins and Marlene R. Huggins, as tenants by the entirety
Subject to the exceptions,exclusions,conditions and stipulations which are part of said policy,and to exceptions as shown
herein.
CHICAGO TITLE INSURANCE COMPANY OF
OREGON
��
By:
Esther Gonzalez
Title Examiner
10135 SE Sunnyside Road,Suite 200
Clackamas,OR 97015
phone(503)653-7300 fax(503)653-7763
QUESTIONS CONCERNING THE CLOSING OF THIS TRANSACTION SHOULD BE DIRECTED TO YOUR ESCROW
OFFICER,Cheryle Stahel-Eastman,at phone(503)973-7400 and fax number(503)248-0324.
9014710030.rdw
Order No.: 414377
DESCRIPTION
See Legal Description Attached Hereto
GENERAL EXCEPTIONS(Standard Coverage Policies only)
1. a. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or
assessments on real property or by the public records.
b. Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not
shown by the records of such agency or by the public records.
2. a. Easements,liens,encumbrances,interests or claims thereof which are not shown by the public records.
b. Any facts,rights,interests or claims which are not shown by the public records but which could be ascertained by an
inspection of the land or by making inquiry of persons in possession thereof.
3. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would
disclose, and which aze not shown by the public records.
4. a. Unpatented mining claims;
b. Reservations or exceptions in patents or in Acts authorizing the issuance thereof;
c. Water rights,clauns or title to water;
whether or not the matters excepted under(a),(b),or(c)are shown by the public records.
5. Any lien or right to a lien,for services,labor or material heretofore or hereafter fiunished,imposed by law and not shown by the
public records.
SPECIAL EXCEPTIONS
6. Taxes for the fiscal year 2005-2006, a lien but not yet payable.
7. City liens, if any,of the City of Tigard. (An inquiry has been directed to the City Clerk concerning the status of said liens and a
report will follow if such liens aze found.)
8. City liens,if any,of the Ciry of. (An inquiry has been directed to the City Clerk conceming the status of said liens and a report
will follow if such liens are found.)
9. The premises herein described are within and subject to the statutory powers including the power of assessment of Clean Water
5ervices.
10. Regulations, including levies, liens,assessments,rights of way,and easements of Tualatin Valley Water District.
11. Limited access provisions contained in Deed to the 5tate of Oregon,by and through its State Highway Commission,which
provides that no right or easement of right of access to,from or across the State Highway other than expressly therein provided
for shall attach to the abutting property,
Recorded: September 1, 1961
Book: 449
Page: 12
Also Recorded: June 1, 1972
Book: 514
Page: 239
Also Recorded: November 9, 1972
Book: 896
Page: 335
12. An easement created by instrument, including terms and provisions thereof;
9�14710031.rdw
Order No.: 414377
Recorded: June 1, 1964
Book: 514
Page: 239
And Recorded: November 1, 1972
Book: 896
Page: 335
In Favor Of: State of Oregon,by and through its State Highway Commission
For: Slope purposes
Affects: An area adjacent to SW Greenburg Road
13. An easement created by instrument,including terms and provisions thereof;
Recorded: April 14, 1965
Book: 548
Page: 490
In Favor Of: Matzger Sanitary District
For: Sewer line
Affects: Exact location not set forth
14. An easement created by instrument,including terms and provisions thereof;
Recorded: August 4, 1976
Book: 1102
Page: 969
In Favor Of: Adjacent owner
For: Ingress and egress
Affects: The Southeast corner of subject property
NOTE: Taxes for the fiscal year 2004-2005,paid in full;
Amount: $3,708.44
Levy Code: 023-81
Account No.: R272868
Map No.: 1S135BD
Tax Lot No.: 00200 �
�
NOTE: Property address is identified as: � � 2,C�.
9785 SW Shady Lane,Tigard,Oregon 97223 �4
NOTE: Any transfer of the herein described property is subject to the payment of Washington County Transfer Tax at the rate
of$1.00 per$1,000.00 or fraction thereof of stated consideration.
NOTE: No search has been made or will be made for water,sewer,or storm drainage charges unless the city/service district
claims them as liens(i.e.,foreclosable)and reflects them on its lien docket at the date of closing. Buyers should check with the
appropriate city bureau or water/service district and obtain a billing cutoff. Such chazges must be adjusted outside of escrow.
NOTE: We find no judgments or United States Intemal Revenue liens against:
Stanley D.Nored or Audene C.Nored
END OF REPORT
cc:
Chicago Title Insurance Company of Oregon Cheryte Stahel-Eastrnan
Stanley D&Audene C Nored
Donald L 8�Marlene R Huggins
Commercial Realty Advisors Alex MacLean&Bob LeFeber
Terway Land Company Bill Terway
90 1 47 1003 1.rdw
Order No.: 414377
LEGAL DESCRIPTION
A tract of land situated in the Northwest one-quarter of Section 35, Township 1 South, Range 1 West of the
Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, described as follows:
Beginning at the intersection of the Easterly right-of-way line of SW Greenburg Road, with the Northerly
right-of-way line of the connection road between SW Greenburg Road and SW 95th Avenue said beginning
point being situated North 1°00' East 30.00 feet from Engineers centerline station "F2" 2+18.76 of said
connection road; thence North 1°34'30" East, along the Easterly right-of-way line of SW Crreenburg Road,
56.15 feet; thence continuing along said Easterly right-of-way line, 45.04 feet along a spiral curve to the left,
the chord of which bears North 36°32'30" East 45.02 feet; thence continuing along said Easterly right-of-way
line, 50.51 feet along the arc of a 1,034.93 foot radius curve to the left through a central angle of 2°47'46" (the
chord of which bears North 34°16'S4" East, 50.50 feet); thez�ce leaving said right-of-way line and running
South 89°00' East, parallel with the Northerly right-of-way line of the connecting road between SW
Greenburg Road and SW 95th Avenue, 105.55 feet; thence South 1°00' West, 135.00 feet to a point in the
Northerly right-of-way line of said connection road; thence North 89°00'West, along said Northerly
right-of-way line, 160.00 feet to the point of Beginning.
� 9014710032.rdw
' � /
3 �
-_�J � -9L�R � /�/ =<I <�
s � � �j ,00
Tw� O� ' � � I 3.03
\
♦ I
Fy� � �� , /� /� �j S
G 8
�--�-,��.------� ��--
� �qy �tii �. i �
� tio �y� `� � � ede
� '��j -9�- �� �I ��
� 4 �� �►
0
� ��
� �� ►
--- � � �►
_ ��,���.���.,��.�.��.�.��,���.,��, ,�.�.�,��
� °
br � �g6 2f6.76 /
o/ � D� g0
� (�_ ��r $ }e5.ea � \
�y $,�le,��'S B�).pQ-3gF ^,�,b/
�\C� 706.56 /
v 273
� / 3)�,e0
/ Z� /eg
bry 9
/ .d4 AC 8 tA8 AC �6z 8/
� - � � �3 6�) /
� ° ��� � ?�F
�
te0' e
640.83 �'B7
� '
m o V
+ ❑ V 1 1/�V 1 � -�/'"'��V C a
o -
� � � � � o
+
- 100' 100' yp• e �
er
-�_ �
O
1LOO �I
.a�ac �__
W 9OO ;'
♦p �n .47 AC �°,�� 80�
1100 �m �� /
.69 AC �
700 /
s.2e nc /
/
�, E N M1,��o�'
B�q�
�` �-6 � g�.01
B00
N�o �' �/W E .28 AC
_ � " I / ►ree-s3oow
zoo.00
e � `��,'�' I // S
.�__ ��,a � I %
�,�i i � ��,'
�
cN�ca �o �irLF
This plat is for your aid in locating your land with reference to streets and other parcels.
While this plat is believed to be correct,the company assumes no liability for any loss occurring by reason of reliance thereon.
Map No.1S135BD 00200
CHICAGO TITLE INSURANCE COMPANY
10001 S.E.SUNNYSIDE RQAD
CLACKAMAS,OREGON 9T015
, �-.� �' C� .�_..
. I .. . .. � --
j ' BTATE OF OREBGN � '' �
Coucrty ot W�ahln�ton 8$
I,Jerry r�Q� of Ils�ese•
ment an n lo County
Clerk lor rtlfy thd
the wit i oelv'd
and ro rtta ' ol�J f sald
county * " � ; �Ir —
� � ,
� �
T'�y• ..�. ��c� -
G�� �� o Iroator of
a6�61d tfon,Ex-
lerk
Doc ; 96081446
Rect: 171604 236.00.
09/11/1995 09:53: 37em
_ �I
■I
�e �
G�
�
,.I
1 -�3
�_..
' � `"1` �
q• . .
0
WAFtAANTY DEED-STATl1TORY FORIM
0.� ' � rrwrvktuaucorporat• I
@scrou Number: 22]2340
Nnrold C. Oattry nnd Lenora M. ostby. husband and wife
Grnntor. canvay� and asrreats ta
Donald L. Huggins and Hnrlene R. fluggins, husband aT�d viEe
Grantee� thr followtna deacribed r•eai praperty free of encu�brances except ea _
speclfically eet rorth herein situated ia WnshinCton County, Oreban:
See Attached Le�n1 Descr3ption Exhibit "A",
IYASHtNGTON COUNTT
, RlrtL MOPERT!' TR.UYSf!'7r TAX
- � � / .
�CE MID pAT�
I
N Th�abow d��orib�d prop�rty h in�Imm�ncumbrancss�xctpt covenanCs, candi[ions. �
restrictions, ri�hts ot way, �asements and resr.rv7Cinns noW of record and �
1996-97 ta:ces n lien not ye[ pay:�l�le.
Tho trua�nd actual eoZSldarallon for thl�conv�yanca ii i �9�,g50.00
�
O � Datad thla 30 th day of qugust, l 996 ;11 thia daad i�phran by a oorponta pr�nWr,Ns nama h alpnad by Rs —
� N eultro�ad oflican by aulhortly ot tha Board d Dlrodon.
z � �
� � Haro G. dstby � ,
THIS INSTRUMENT WILI NOT ALLOW USE OF TiiE PROPERTY � • �
DE3CRIBED 1N THIS INSTRUMENT IN VIOLATION OF I,� 0l'1 Pl. �)St y
APPLIC0.BLE IAND USE lAW3 AND ftEdllLATION9. BEFORE
SIGNING OR ACCEPTINC3 TH13 INSTRUMENT,THE PERSON
ACQUIRINa FEE TITLE 70 THE PROpERTY 9Fi0UL0 CHECK
WITH THE APPROPRIATE CITY QR COUNTY PLANNINC3
OEPARTMENT TO VERIFY APPROYED USE3 AND TO
DETERMINE ANY UMIT3 ON LAWSUITS A(3AINST FAFiMIMd OFi I
FOREST PRACTlCE3l�S DEFINEO IN ORS 30,830.
9TA�OF OREC30N,County ol Washing ton STA7E OF ORE(30N,County of
Ponondy appwrai Ha ro 1 d C. Os t b v ParsonaNy�pyaeared
and Lenora M. Ostby
i
OFFiCfAL SEA1 y�,p��y dufy nvom,each b►Nmsel}and not onv}or tha otha,d7d aay L�nt
�ACKIE TAYLOR
NOTARY PUBLiGORECiON tlie famer b�!w P►ss,A thal fho Lntter is th� seastary of
COMMi8S10N NO.0348�t
i MYCO1M.it5S10N E1(PlRES SUNE 20,1898
_—� �0�� and tha!ItJ�Insuument wu sipned on bahdf of tfio oorporaBon.by authodty ol
IMtrvmeM m b� the i r �„o�n�ary aa end deod, �y�rd of d+xtcrs and 1��dcnowladpod to bv tb volunmry aq and daed.
go�o � Augus C 3Q, 496 eela+me:
�
L� L�C �L � '^—�
No Pubia la Orsyon Notary Pub6a tor Oreyon
oommi��lon e�ka�: (�/.Z 6 /7 d My cammiu�on expire�:
��d"4 ro°""1O' STATE OF OREQON.
Mr. and Mrs. Dnn�ld tluGgins CoUntyOf I
9785 SFI Shady L,ne � 1 Certily thst the Wllhfn InStrU- �
. Tigard, Gret;on 97::.3 ment wae recelved fo� record on the
day of ,19 , '
a! o'cbdc_M..and reoor�ed Ir�
booWreeUvolume No. ,on
und+■o�wq.i�r.y�».r.d.i eax.mrm«,r, pape or us fae1111e instrumenv
• `h`r d.�"'=p a"i"i°'"i"°'°�r'�"' mlcrotllm/:eceptlon No.^!
Dtr. and Dlrti. U�nald EIuLLins RE+COrde ol De9d8 Of eald COUnty.
9785 sw shudy � :����: Witness my hand and seal of
Tigae•d, Uz•�gur�, 'i7'131 Couniy 8lfltted.
I ME I E.
6Y Oeputy
Fatm No.eoo-Compuw 2
O'�
i. . . �--� .
� •; • .
I�� . '
. •, ,
, ,
�
I DESCRIPTION; I
A•Tsact o� land situated in the Northwest one-quntter o� fiectton 36. Town�hlp '1
South, Range 1 vJeet of the Wilfamette Meridlen, In the City of T(gerd, County of
WashSngton snd State of Oregon, described as foilows:
Be�inning at the Interaection of the Eesterly right•of-way Ilne of SW areenburg ,
Ro�d, with the Northe�ly right-of-way ilne ot the conneotlor� road between SW
� Greenburg Road and SW 95th Avenue, seEd beginning po(nt being s(tuated North i
1°00' East 30.00 faet from�engineers centerflne staUon "F2" 2+'t8.7g of said �
connection road; thence lVorth 1°34'30" East, along the Easteriy rlght-af-way fine
of SW Greanburg Road, 66.16 feet; thence continuEng elong said Eaete�ly —
right-of-way line, 46.04 feet along a enfrai curve to the left, tha chord of e
which bears l�orth 36°32'3U" East, 4�.02 feet; thence contfnulrtg along sa(d
Easterly rtght-of-way ;(ne, 60.51 feet along the arc of e 1034,93 foat radiva
ccrrve to the (eft through a central angle of Z°47'46" (the chord of which beers
� North 34°16'64" East, 50,60 test); thence leaving said rfght-of-way li�e and
runnfng South 89°00' Esst, perallel with the �Jortherly rfght-of-way line of 4he _
connection road between SW Qreenburg Raed and SW 96th Avenue, 106.6b feet; thence �
South 1°00' Wesi, 135.00 feet to a poEnt iR the Northetly right-of-way (ine of
safd connection rcad; thence North 89°00' Wast, afong sald Northerly r(ght•of-way �—
tlne, 160.00 faet to the pofnt of 6eginn{ng. °
I �
i
, I
, �
� 3
1
� � or oo e� i �
�
� �iFFIDAV�T .OF MAlLINGIPOSTtNG NEIGHBORH04D MEETING NOTtCE
arMP_OR7AN7�"NO��CE '.;�T,�HE AP��,EAN�^<1S REQ.�JiR�D"'�O FfAIL 7kjE�.:C1T�OF�IG�RD�A.LDPY�Q'��'T.HE�{� � r � ,�., :
�,EI�HBOR,,;t�00[l�;M��-T,�NG?�NO�'1C,,�iTHAT�,„pERTA1NS:T0 TF1i�AFF�D�A3rIT-�IT�T�E�SAMF�(M��P;ROP6Ai7"�s�� �5a��
'OY{(NERS ARE`MA�LED�N4710E'�'TO'�7;ti��ADDRESS BEL�OIN .,� ' : �"�r�s�. ,,�.�� ;;� S'�.y�� <�� �-�-
4�,� � .���" M ...t .c .-� ��t y „`1 1� ry.� � ,.i-�:. � /c, ."`� r�� ,. � f . '��'�t a- ,�''��
1 � i -� �� � , a ' � � ;�If� of Ti�ar� �,,�dnrtir�gplV�57QfL � '°'` ,,, �zh�� a,c as 3 �i . 1 � t�-d 4�.,
� - fl.�-1�d"� .,�� g� �'�I L e�.� r� x a.�., 2 1 �sF ° - y �� l r '� q! ,! c
�;.� va,�.C_�rd s� rt��^.i`Cr' �".,� �'3`{fZ.�T'SW..H2d��tBou[e�arQ '0-� ii� �� 'T,� -0" �x 'Fafi` ^�ye *'r" K ��t "+�'
� �r . + ,.�. � .�..a �{. r',,,�``�` *J'-�' . � r .p 7 p p y�^ . . ., 6 F
•Ee•:'r?.:'..'� �Y. �µ ,�1. :f �'i"���'}t I,r-1 �; i _C a �n�r� ��iL �!�� Vr�`O�4�i.rr ,I� .S i"'J � � .. .�-' a� r.c' i n���
:. �:.Y��• ��'- '� r '� t � �Y ...�7 5 � -�,�,r a rwt '�J^n. IJ ,� T' ��.+ ,7� �� p ���� +Y 'rt.i.; t �.rl
. .�lt .r.s� .� � r s�"' L Pw 7 . n 4 ;�� a �. �r S. � i1. 3'� f� a� ?;,i�'°" ,� a;. ,r,yrr_
�� i� r � �1�.x ,t . � F._S +r Y -Y� ✓" S` . .� x'�ti^[t �
:�..,�.,����sfi�Q �`a_��`:PL�(:Ct��,�HA!�-�UBM1T�`?1�f�S��A��IDA,iT��COPIE�F�Lie�fl'�1tE�.�T�,7�H��fMF-�OF APPLICEET,�l�O�tN
MAILiNG: � . �
� Ann Cannon ,be3ng dufy sworn, depose and say that on#ha 8th day of,Se�mher .
20 OS . I caused to have mai{ed to each of the persons on the attached list,a notice af a meeting to discuss a praposed
development at(or.�ear) 9785 SW Shadv Lar�e TL 1S1 35BD00200 . a copy
of which notice so mailed is aitached hereto and made a part of hereof. �
1 furti�er state that sa9d notices were enclosed in envelopes plainly addressed to said persons and were deposited on the
date indicated above in the United StaYes Post QfFce iocated at 3685 NW Aloclek Place Hillchnrn,(�R 971?4
with postage prepaid thereon. " ' • .
' `�i � � --;��—1
. Signature (In the presence of a Notary Pubtic)
POSTING: �
� Ed Murphy , do aifirm that I am (represent) the party initiating interest in a proposed�
_site development affectina the land iocated at (stafe the approximate location(s) IF no
add�ess(s)and/or tax lot(s)currentiv reaisteredl 9785 SW Shady Lane
and did on the_15th day of September ___ ,20_OS _personaily post natice ind'icating that the site may be
proposed.for a_Conditional Use Permit _application,and the time,date and place of a neighborhood meeting#o �
discuss the proposal. �
The sign was posted at 9785 SW Shady Lane Tigard,OR .
. ' (state tocation you posted notice orr praperty) �
, Signature In the pre ence f a Notary•Pubtic)
(THlS SECTION FOR�A STATE OF OREGON, NOTARY PUBLIC TO COMPLETE/NOTARIZE)
STATE OF )
County of ) ss.
fi� � �
Subscribed and sworn/a�rmed before me an the ��_!day of J�,r�-,�-e�z, ���^ . 20U
OFFICIAL SEAL „► • ,
ANN K CANNON '
NOTARY PUBLIC-OREGON � .
�� COMMISSION N0. 390646 �
MY COMMISSION EXPIRES MARCH 15,2008 ���t� �/ � _
/i �i1.���'�--r`..�
� � NOTARY PUBLIG OF OREGON
My Commission Expires: ;�J�,,�-.� /�a
Appiicant,please cotnplete•the in#ormation beiow:
NAME OF PRO.lECT OR PROPOS�D DEVEL�PMENT: ai.��o,,,)� Pa✓I< �I�CJ ��Q �u G cI
TYPEOF PROPOSED DEVELOPMENT: Uu c ocf e� �n tw � � Uc
Address or General Location of Subject Property: ? 5 S W a
Subject Property Tax Map(s)and Lot#(s): I S �3 S B D UO Zu0 � ^ --
• h:UOginlpatly�masierslaf6davit of mnding-postinQ neighborhood meet�np.doc
,
� � �
' �
i
- ' �-'�
�L� �
- ::�...
�, ;,� �, , Design Group
,4•:� �,�.���;.+���,. . .���.. aPuraticompany
�Y1 �
�' A• � �� s �` -
k � '�~ �� �� '� ` t , ,:. -�
. � J !�� ,�{' 'q�f.:.
�NTi��"
/ � ��i
� r' � " +.},S% _
�1.t' �' ' '�� ��4 ,�•�f R �. I
b �I �
`���� . ..��.r,b; , �` ,.} ,-1'
s�
�, � , ��� `
_ __ ' i; , . '��,�
- �� ��� � `�;'� _ � � °�
� t � � — � �
�� �. � .�
� �r -•
,�` ..
,� ` �� y
t _ •J �
.�, ���;�, - _-
� --/ + f ��s `
. ;
� �= ��� � -_.�=--�!,� � Rainbow Park and
� r�, ." .. ... . � �;,;&; �:r`�
� _ �� ,,�. Playground
: �,
� ,t,�4���.,
. �'r, �� sE.
.j
� .x_�`7.��! .
�iY'.
�
Y
�
�•
��.
.� �Y .
i,��
.'L
��/t '. .�r.,-�.
S. .
±. �:
...'? �ix ��{� -�r�~�t A
�i f..,;
�
CUNVITIOi� AL US� I'ERi�I�T Al- i'LICATIONT
RAINBOW PARK AND PLAYGROUND
'I'ABLL OI� CONTEN'TS
i ,
KEY INFORMATION -
� ,
SUMMARY '
� , .
BACKGROUND INFORMATION '
� , �
RESPONSE TO CRITERIA -
� ,
CONCLUSIONS -
� , .
EXHIBITS -
..ainbow Park and Playground CUP
� � ' •
Project Name: Rainbow Park and Playground outdoor play area
Property Description: 1S135BD00200
Location: 9785 SW Shady Lane Road (southeast corner of Greenburg
Road and Shady Lane)
Parcel size: 0.44 acres
Zoning: Mixed-Use Commercial (MUC)
Applicant: Stan Nored, Rainbow Park and Playground Co.
Property Owner: Donald and Marlene Huggins
Applicant's Representative:
Ed Murphy
LDC Design Group
20085 NW Tanasbourne Drive
Hillsboro, Oregon 97124
ejm/rainbow/0937.0�1/cupappfindrrev2/12/OS/OS 1
Rainbow Park and Playground C
This page intentionally left blank
2 ejm/rainbow/0937.001/cupappfindrrev2/12/OS/OS
__.�inbow Park and Playground CUP
. �
• Rainbow Park and Playground Company wants to re-utilize a currently vacant site for
a retail center and an outdoor play area for children's events. The site has been
used in the past initially as a service station, and then as a vehicle sales and rental
business.
• The retail portion of the business will be inside the existing building, and is a
permitted use in the Mixed-Use Commercial (MUC) zone.
• The outdoor play area is a use that does not fit precisely under any category or
definition, but the closest fit seems to be under the "commercial use/entertainment-
oriented" category, and the "outdoor entertainment" subcategory. This use is
defined in the Tigard Community Development Code as "facilities with extensive
outdoor facilities, including outdoor tennis clubs, golf courses and shooting renges".
Such a use is listed as a conditional use in the MUC zone.
• The use is similar in nature to other types of entertainment and recreational-oriented
land uses that are allowed outright in the MUC zone, including heath/fitness clubs;
tennis, racquetball and soccer centers; recreational centers; skating rinks; bowling
alleys; arcades; shooting ranges and movie theaters; community centers; senior
centers; indoor/outdoor swimming pools; parks; playgrounds; picnic areas; and golf
cou rses.
• The play area will be used for birthday parties and special events. The facilities will
be available for use, for a fee, at prescribed times. In addition, the facilities are
open during normal business hours Tuesday through Saturday, and on Sunday
afternoons, for"open play".
• The approximately 2000 square foot building will not be enlarged or significantly
modified, other than cosmetic improvements, The company will use the existing sign
structures. The site itself will be upgraded with landscaping, wood-fiber ground
cover, a pedestrian walkway, closure of one driveway, and removal of one
freestanding sign structure. The south driveway will be "relocated" a few feet to the
north to provide a better entrance the parking lot.
• There are no negative impacts on surrounding land uses and public facilities. The
positive impacts include turning what is now an eyesore and non-productive land use
into a use that is compatible with the adjacent uses, fills a community need, and
improves the appearance of this very visible site.
• The neighboring property owners who attended the neighborhood meeting were very
positive and supportive of the proposed use and site improvements.
• The proposed use will substantially comply with the development standards of the
MUC zone.
ejm/rainbow/0937.001/cupappfindrrev2/12/OS/OS 3
Rainbow Park and Playground C
This page intentionally /eft blank
4 ejm/rainbow/0937.001/cupappfindrrev2/12/OS/OS
__.�inbow Park and Playground CUP
: � ' • � • ' � •
History: The property is a 0.44-acre parcel at the intersection of a highway, a major
street and a local street. Please see tax assessor's map, Exhibit 'A'. The site has been
previously developed with a small, 2000 square foot building, a parking area, some
landscaping, and a canopy area covering what used to be the fueling area. The site and
building are currently vacant, and have been for some time. The site has been used in
the past as a service station, and for vehicle storage, sales and rentals.
The site: The property is flat, sloping gently to the southwest. There are no sensitive
lands that would be impacted by the proposed use, i.e., wetlands, steep slopes,
floodplains, or wildlife habitats. The Washington County Clean Water Services (CWS)
Agency has provided a service provider letter. (Please refer to the CWS letter, Exhibit
�B'•)
Adjacent uses. The property is surrounded by commercial uses and by major roads.
Greenburg Road is to the northwest, and Highway 217 is to the northeast. The site has
an embankment along the north and west sides, which is highest at the point where the
freeway on-ramp from Greenburg Road to Highway 217 starts. There are two office
buildings and a small convenience store across Shady Lane, to the south of the subject
site. To the east is Doctor's Family Clinic and Emergency Center, a medical office
building and clinic. (Please refer to the aerial photographs, Exhibit `C`.)
Description of Proposal. The proposal is to use the existing building for retail sales,
with very few modifications to the building, and use the outdoor area of the site for the
playground and parking. The area under the existing canopy will be part of the play
area, which will provide shade, rain cover, and lighting to a portion of the play area,
enhancing its use. The use of the existing building for retail sales is permitted outright
within the MUC zone. It is the proposed use of a portion of the site for outdoor
entertainment that requires approval of a Conditional Use Permit.
Rainbow Park and Playground is a company that sells playground equipment, as well as
spas, awnings, picnic tables and other outdoor equipment. The owner, Stan Nored,
already has similar stores in east Portland and Eugene. Besides selling outdoor
equipment, the company operates an additional business at both locations, which is
renting out the play area and equipment for children-oriented special events, as well as
for"open play" activities. The special events are by appointment only, and there is a fee
charged to the customer for the use of the play area and the play equipment. The open
play is available during normal business hours, again on a fee basis, whenever the
facility is not already reserved for special events.
The applicant plans to operate the proposed Tigard facilities similarly to his two existing
businesses. That is, the play equipment will be set up for children, typically 3- to 12-
year olds, to play on. The play facilities will be available for reserved special events,
such as birthday parties. They will also be available during regular business hours,
10:00 AM to 6:00 PM Tuesday through Saturday, and noon to 4:00 PM Sunday, for
"open play" -- except during those times that are reserved for special events. For the
open play periods, the parents will be encouraged to call first to make sure the facilities
are available. The parents or other responsible adults would be required to stay and
supervise the children. The play area is fenced and gated for security.
ejm/rainbow/0937.001/cupappfindrrev2/12/OS/OS 5
Rainbow Park and Playground C
Mr. Nored expects there to be a demand for year-round open play, in part because a
portion of the play area will be covered by the existing canopy and well-lit with the lights
under the canopy. The site is conveniently located, is close to residential areas, and is
safe and secure. Mr. Nored projects that, based on the activity of the company's other
two sites, there will be an average of approximately four special events per week for 50
weeks, or 200 events per year. In addition, Mr. Nored projects an average of two (2)
children per hour, six (6) hours per day, times 312 days per year, or 3744 hours per
year. The fees will be the same or similar to the fees charged at the other two sites, or
$8.00 per child for open play, and $199 per event for special events.
The owners will market this business through the local newspapers and other outlets.
Sample flyers and information posted on the premises related to the use of the
equipment for special events are attached as Exhibit 'D'.
The equipment in the play area is not for display, and it is not for sale. The equipment
is set up for play activity, and will be available for use on a fee basis. It is reasonable to
expect it to be used on a regular and on-going basis. That clearly makes this an outdoor
entertainment commercial use.
The site itself will be improved by:
• Removing the west driveway -- the one closest to Greenburg Road -- thereby
eliminating a potential safety hazard.
• Moving the east driveway a few feet to the west to line up with the parking aisle.
• Installing a landscape planter area along the front of the property, next to Shady
Lane, and planting street trees.
• Providing a pedestrian walkway from Shady Lane to the front door of the building.
• Removing the leftover freestanding sign frame along the Shady Lane frontage, rather
than using it as another sign (which would be permitted by the sign regulations).
• Cleaning up the landscaping around the perimeter of the site.
• Installing playground structures and ground cover.
• Installing fencing around the playground.
Please refer to the Preliminary Site Development Plan Exhibit �E' for an illustration of the
proposed site improvements.
No changes to any of the existing utilities are necessary. The site is already served with
adequate sewer, water and storm water lines. Please refer to Exhibit 'F' for an
illustration of the existing conditions. Additional maps illustrating the existing utilities
are attached as Exhibit `G'.
The traffic impact is minimal. Greenburg Road and Highway 217 are immediately
adjacent to the site. Shady Lane is a local, mostly residential street that serves a few
commercial properties near its intersection with Greenburg Road.
Impact Analysis. Chapter 18.390.040.6.2.e requires an impact study as part of the
Type II procedure. For the most part, no improvements to the transportation, drainage,
parks, water, and sewer systems are necessary to meet City standards or to minimize
the impact of the development on the public at large, public facilities systems, and
affected private property users.
Following are comments regarding the impact of the proposed development on public
facilities and services.
6 ejm/rainbow/0937.001/cupappfindrrev2/12/OS/OS
_.ainbow Park and Playground CUP
Transportation System: There are no significant impacts to the transportation system
because of this proposed site development. No improvements to the transportation
system are necessary to meet City standards or to minimize the impact of the
development on the public at large, public facilities systems, and affected private
property users. Shady Lane is a fully improved, 40-foot wide local street within a 60'
right-of-way. The use does not generate peak-hour trips, as most children's parties are
held on the weekends or in the early evening. The development will eliminate the
western driveway, which is close to the Greenburg Road/Shady Lane intersection, and
which does not meet current driveway spacing standards. The removal of this driveway
will improve traffic safety.
A Preliminary Sight Distance Certification letter is attached as Exhibit 'H'. This letter
verifies that the design of the driveways and streets are safe because they meet
adequate sight distance standards. Removing the west driveway will improve the
ingress to and egress from this site by moving the only access driveway further away
from the Greenburg Road/Shady Lane intersection. Once reconstructed and moved a
few feet west, it will be over 150 feet away from the street intersection.
Drainage System: The property slopes generally from the northwest to the southeast,
i.e., towards Shady Lane. There is a 12" diameter public storm drainage system in
Shady Lane, and no improvements to the public drainage system are necessary. There
are two private catch inlets on site, the locations of which are shown on the existing
conditions plan. According to Clean Water Services regulations, no storm water quality
facilities or storm water retention facilities are required. However, according to the
City's Development Review engineer, storm water quality improvements will be
required. This issue is addressed in more detail below (page 22).
Parks System: No impact to the park system will occur because of this proposed site
development. This facility actually provides additional playground equipment and an
alternative venue for children's events beyond what is currently provided in the City of
Tigard.
Water System: No impact to the water system will occur because of this proposed site
development. There is a 12" water line in Shady Lane, and the building is already
connected to it. No changes to the number or type of plumbing fixtures are planned.
Sewer System: No impact to the sewer system will occur as a result of this proposed
site development. The site is close to a 30" sanitary sewer trunk line south of Shady
Lane, and is connected to it through a lateral line running between tax lots 900 and
1100, 1S135BD, directly across Shady Lane from the subject site.
Noise impacts: The outside entertainment area will be used for birthday parties and
other special events involving young children, so there will be some playful noise
emanating from the play area. However, these parties usually occur on weekends. The
surrounding properties are either commercial or office uses, or major roadways - not
noise sensitive land uses. The neighbors attending the neighborhood meeting, including
a representative of the adjacent medical clinic, were not concerned about the potential
noise impact. �
Liqhtina: The existing lighting is primarily composed of lighting underneath the canopy,
and one floodlight fastened to a pole in the northwest corner of the site. The neighbors
ejm/rainbow/0937.001/cupappfindrrev2/12/OS/OS 7
Rainbow Park and Playground C
attending the neighborhood meeting did not object to the current level of lighting, and in
fact, thought that more lighting was needed.
Police, Fire and other Emergency Services: No impact to police, fire or other emergency
services will occur as a result of this proposed site development. The playground will be
fenced on all sides, so children will not be running out into the street or across the
parking lot. If there were a need for emergency services, the site is easily and quickly
accessible from all directions, There will be a direct emergency vehicle access to the
play area itself, through a gate, should the need ever arise. (Mr. Nored has operated his
other businesses for 11 years without the occurrence of any injuries, so emergencies are
expected to be very be rare occasions). There will also be security cameras installed at
the site.
Prior Reviews: The applicant met with the staff in a pre-application meeting held on
August 9, 2005. The pre-application conference notes are attached as Exhibit 'I'. The
applicant met with nearby property owners at a neighborhood meeting held on
September 29, 2005. Please see Exhibit 'J' for documentation of the neighborhood
meeting. There were no objections to the Conditional Use Permit raised at the meeting,
nor have there been any written or oral concerns expressed to the applicant before or
since the meeting.
Staff reviewed an earlier version of this application, which was submitted on October 11,
and responded with a letter dated November 15, requesting additional information
before the application could be considered complete. A copy of that letter, and the
notes from the Development Review Engineer, are attached as Exhibit 'K'. This revised
application responds to the staff comments.
8 ejm/rainbow/0937.001/cupappfindrrev2/12/OS/OS
..ainbow Park and Playground CUP
. . � � • . . .
Chapter 18.330 of the Tigard Development Code (hereinafter '�Code") contains the
standards and procedures under which a conditional use may be permitted. Section
18.330.030 contains the approval standards, which are as follows:
18.330.030 Approval Standards and Conditions of Approval
A. Approval Standards. The Hearings Officer shall approve, approve with
conditions, or deny an application for a conditional use or to enlarge or alter
a conditional use based on findings of fact with respect to each of the
following criteria:
1. The site size and dimensions provide adequate area for the needs of the
proposed use;
2. The impacts of the proposed use of the site can be accommodated
considering size, shape, location, topography, and natural features;
3. All required public facilities have adequate capacity to serve the
proposal;
4. The applicable requirements of the zoning district are met except as
modified by this chapter;
5. The applicable requirements of 18.330.050; and
6. The supplementary requirements set forth in other chapters of this code
including but not limited to Chapter 18.780, Signs, and Chapter 18.360,
Site Development Review, if applicable, are met.
RESPONSE TO CRITERIA
1. The site size and dimensions provide adequate area for the needs of the
proposed use;
The site has been functioning as a commercial site for many years, originally as a gas
station, and then as a car and truck rental facility. The site is relatively flat, with some
existing vegetation around the edges of the site. The rectangular-shaped site is about
0.44 acres, or 19,166 square feet, in size. The outdoor play area will consume about
8,000 square feet, or approximately 42% of the total site. The rest of the site will be
used for the existing building, the parking area, and the landscaped areas.
The site where the play area is proposed is not an area that is subject to ground
slumping or sliding. There is adequate distance between the play area and any
surrounding buildings, which provides for adequate light and air circulation, and
accessibility to fire-suppression equipment. Please see Exhibit �L' for photographs of the
existing conditions of the site, and Exhibit 'M' for photographs of typical playground
structures.
2. The impacts of the proposed use of the site can be accommodated
considering size, shape, location, topography, and natural features.
There will be little, if any, negative impacts resulting from the proposed use on this site.
The size, shape, location, topography and natural features of the site are perfect for the
retail store and children's playground area. There is really no significant additional
ejm/rainbow/0937.001/cupappfindrrev2/12/OS/OS 9
Rainbow Park and Playground C
impact to the public facilities and transportation systems. Because this is a conversion
and re-use of a previously developed site, the change in the use has positive impacts
compared to previous uses.
The existing trees and shrubs on and along the edges of the property will help buffer
and screen the adjoining properties. New street trees planted along Shady Lane will
improve the appearance of the street.
The existing on-site lighting does not negatively impact the neighboring properties.
3. All required public facilities have adequate capacity to serve the proposal.
The site is already fully developed. The project is not adding plumbing fixtures or
increasing the impervious area. The public sewer, storm water and water systems have
adequate capacity for the proposed outdoor entertainment area. The transportation
system is adequate to support the use.
Other semi-public facilities and services, including electrical, natural gas, cable, and
garbage disposal are available, and the construction of the new play area will not
significantly change the impact on those services and facilities.
4. The applicable requirements of the zoning district are met except as
modified by this chapter.
The property is zoned MUC. Following is a summary of how the proposed use complies
with the zoning district regulations.
Minimum lot size: There is no minimum required lot size.
Average lot width: There is no minimum-required lot width.
Minimum building setbacks: There are no minimum building setbacks.
Maximum building setbacks: For commercial uses, the maximum front and side yard
building setback for new buildings is 10 feet, according to footnote 19 of Table 18.520.2.
However, this building is a pre-existing structure which does not meet that standard.
Maximum Building Height: The maximum allowable building height is two stories.
The existing building is only one story in height.
Maximum percentage of lot coverage: The maximum site coverage, including all
buildings and impervious surfaces, is 85%. The proposed shows 16.8% of the site used
for landscaping, with the rest of the site covered with buildings, parking areas, and the
playground, so the lot coverage is about 83%.
Streets: Shady Lane is already fully improved in terms of dedicated right-of-way (60')
and street width (40'), and has curbs and sidewalks on both sides (8-foot wide sidewalk
on the north side of the street). The proposed development will add street trees.
Pedestrian and handicapped accessibility: There is currently no pedestrian walkway
to the front door of the building, and the front entry is not handicapped accessible. The
proposed development will include a 6'-wide walkway from the sidewalk along Shady
10 ejm/rainbow/0937.001/cupappfindrrev2/]2/OS/OS
..ainbow Park and Playground CUP
Lane to the front door, and will construct a wheelchair ramp constructed to the front
entry.
Handicapped parking: The proposed site plan calls for 9 new parking spaces, 1 of
which will be handicapped accessible, as per the accessibility standards set forth in the
State of Oregon Uniform Building Code.
Bicycle parking: The Code requires one space. Bicycle parking will be provided under
the covered walkway area on the north side of the building.
Utilities: All utilities will meet City standards. All on-site utilities will be underground.
Parking lot landscaping: The parking lot will meet the City standard of one parking
lot tree per seven parking spaces, using the two new street trees adjacent to the
parking Iot. There are several other existing trees on the property, around the
perimeter of the site. Adding a tree within the parking lot area would be impractical,
and would reduce the amount of off-street parking by one space.
Since the parking lot is situated next to a public roadway, screening from the street is
required, and will be provided by the landscape areas shown on the site plan.
Parking lot lighting: The only lighting for the parking lot will be the lights under the
canopy, and a single light at the northwest corner of the site. No additional lighting is
proposed.
Minimum percentage of site landscaping: The minimum required percentage of
landscaping is 15%. The landscaping provided will be about 16.8%.
Buffering and Screening: Buffering and screening is not required in this case.
5. The applicable requirements of 18.330.050.
Section 18.330.050 contains additional development standards for certain conditional
use types, such as schools, adult entertainment, vehicle fuel storage, etc. None of the
listed types are applicable to the proposed use.
6. The supplementary requirements set forth in other chapters of this code
including but not limited to Chapter 18.780, Signs, and Chapter 18.360, Site
Development Review, if applicable, are met.
The following information addresses the supplementary requirements set forth in other
chapters of the Code.
Chapter 18.360 Site Development Review: This proposed use is not subject to the
Site Development Review Chapter of the Code. Section 18.360.020.A.5, under
"applicability and exemptions", says site development review shall not apply to "any
proposed development which has a valid conditional use approved thr�ugh the
conditional use permit application process". This exemption is in the Code because
many of the submission requirements and development standards applicable to a
Conditional Use Permit application are the same as for a Site Development Review
application, and addressing both sections of the Code would be duplicative.
ejm/rainbow/0937.001/cupappfindrrev2/12/OS/OS 1 1
Rainbow Park and Playground C
Nonetheless, staff has informed the applicant that his application must address the
relevant code provisions of the Site Development Review Chapter. Following are
responses to the application sections of Chapter 18.360.
18.360.090 Approval Criteria
A. Approval criteria. The Director shall make a finding with respect to each of
the following criteria when approving, approving with conditions, or
denying an application:
1. Compliance with all of the applicable requirements of this title including
Chapter 18.810, Street and Utility Standards;
Response:
The proposed redevelopment of the site complies with all of the applicable requirements
of the Development Code, including Chapter 18.810.
2. Relationship to the natural and physical environment:
a. Buildings shall be:
(i) 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-fighting; and
(4) Oriented with consideration for sun and wind.
Response:
This criterion is not applicable because it applies to new buildings. The proposal is re-
utilizing an existing building.
b. Trees shall be preserved to the extent possible. Replacement of
trees is subject to the requirements of Chapter 18.790, T�ee
Removal.
Response:
No trees are proposed for removal.
3. Exterior elevations:
a. Along the vertical face of single-family attached and multiple-family
structures, offsets shall occur at a minimum of every 30 feet by
providing any two of the following:
(1) Recesses, e.g., decks, patios, entrances, floor area, of a minimum
depth of eight feet;
(2) Extensions, e.g., decks, patios, entrances, floor area, of a
minimum depth of eight feet, a maximum length of an overhang
shall be 25 feet; and
(3) Offsets or breaks in roof elevations of three or more feet in
height.
Response;
This criterion is not applicable because it applies to new buildings. The proposal is re-
utilizing an existing building.
4. Buffering, screening and compatibility between adjoining uses:
12 ejm/rainbow/0937.001/cupappfindrrev2/12/OS/OS
,�uinbow Park and Playground CUP
a. Buffering shall be provided between different types of land uses, for
example, between single-family and multiple-family residential, and
residential and commercial uses, and the following factors shall be
considered in determining the adequacy of the type and extent of the
buffer:
(1) The purpose of the buffer, for example to decrease noise levels,
absorb air pollution, filter dust, or to provide a visual barrier;
(2) The size of the buffer required to achieve the purpose in terms of
width and height;
(3) The direction(s) from which buffering is needed;
(4) The required density of the buffering; and
(5) Whether the viewer is stationary or mobile.
Response:
This criterion is not applicable because the site is surrounded by the same type of land
uses, which are all commercial uses.
b. On site screening from view from adjoining properties of such things
as service areas, storage areas, parking lots, and mechanical devices
on roof tops, i.e., air cooling and heating systems, shall be provided
and the following factors will be considered in determining the
adequacy of the type and extent of the screening:
(1) What needs to be screened;
(2) The direction from which it is needed;
(3) How dense the screen needs to be;
(4) Whether the viewer is stationary or mobile; and
(5) Whether the screening needs to be year around.
Response:
The recycling and solid waste disposal area will be behind the building, not visible from
the street. Nothing else needs to be screened from view.
5. Privacy and noise: multi-family or group living uses:
a. Structures which include residential dwelling units shall provide
private outdoor areas for each ground floor unit which is screened
from view by adjoining units as provided in Subsection 6.a below;
b. The buildings shall be oriented in a manner which protects private
spaces on adjoining properties from view and noise;
c. On-site uses which create noise, light, or glare shall be buffered from
adjoining residential uses; and
d. Buffers shall be placed on the site as necessary to mitigate noise,
light or glare from off-site sources.
Response:
This criterion is not applicable because the use is not residential.
6. Private outdoor area: multi-family use:
a. Private open space such as a patio or balcony shall be provided and
shall be designed for the exclusive use of individual units and shall
be at least 48 square feet in size with a minimum width dimension of
four feet; and
ejm/rainbow/0937.001/cupappfindrrev2/12/OS/OS 13
Rainbow Park and Playground C
(1) Balconies used for entrances or exits shall not be considered as
open space except where such exits or entrances are for the sole
use of the unit; and
(2) Required open space may include roofed or enclosed structures
such as a recreation center or covered picnic area.
b. Wherever possible, private outdoor open spaces should be oriented
toward the sun; and
c. Private outdoor spaces shall be screened or designed to provide
privacy for the users of the space.
Response:
This criterion is not applicable because the use is not residential.
2. Shared outdoor recreation areas: multi-family use:
a. In addition to the requirements of subsections 5 and 6 above, usable
outdoor recreation space shall be provided in residential
developments for the shared or common use of all the residents in
the following amounts:
(1) Studio up to and including two-bedroom units, 200 square feet
per unit; and
(2) Three or more bedroom units, 300 square feet per unit.
b. The required recreation space may be provided as follows:
(1) It may be all outdoor space; or
(2) It may be part outdoor space and part indoor space; for example,
an outdoor tennis court, and indoor recreation room; or
(3) It may be all public or common space; or
(4) It may be part common space and part private; for example, it
could be an outdoor tennis court, indoor recreation room and
balconies on each unit; and
(5) Where balconies are added to units, the balconies shall not be
less than 48 square feet.
c. Shared outdoor recreation space shall be readily observable to
promote crime prevention and safety;
Response:
This criterion is not applicable because the use is not residential.
8. Where landfill and/or development is allowed within and adjacent to
the 100-year floodplain, the City shall require consideration of the
dedication of sufficient open land area for greenway adjoining and
within the floodplain. This area shall include portions at a suitable
elevation for the construction of a pedestrian/bicycle pathway within
the floodplain in accordance with the adopted pedestrian/ bicycle plan.
Response:
This criterion is not applicable because the use is not within or adjacent to the 100-year
floodplain.
9. Demarcation of public, semi-public and private spaces for crime
prevention:
a. The structures and site improvements shall be designed so that
public areas such as streets or public gathering places, semi-public
areas and private outdoor areas are clearly defined to establish
14 ejm/rainbow/0937.001/cupappfindrrev2/12/OS/OS
..ainbow Park and Playground CUP
persons having a right to be in the space, to provide for crime
prevention and to establish maintenance responsibility; and
b. 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 etevation or grade;
(4) A change in the texture of the path material;
(5) Sign; or
(6) Landscaping.
Response:
The public sidewalk area is separated from the private property by use of hedge and
fencing. The play area is completely fenced, providing a separation between the parking
lot and the play area. There is a walkway from the street directly to the front entrance
to the building, which is semi-public, and which is outside of the fenced play area. The
entire site is fenced except for the parking lot area, and the driveway and edge of the
sidewalk clearly mark where the parking lot begins and the public right-of-way ends.
lO.Crime prevention and safety:
a. 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 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 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 illuminate a person.
Response:
The existing building has windows in the southwest corner of the building, which allow
an attendant inside of the building to clearly see the entire play area. There will be no
interior laundry and service areas. The applicant hasn't decided exactly where to place a
mailbox, if he even has one on-site. Lighting is provided by the lighting fixtures
underneath the canopy, lights on the building, and a street light near the southwest
corner of the site.
i1.Public transit:
a. 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;
b. The requirements for transit facilities shall be based on:
(1) The location of other transit facilities in the area; and
(2} The size and type of the proposal.
c. The following facilities may be required after City and Tri-Met
review:
(1) Bus stop shelters;
(2) Turnouts for buses; and
ejm/rainbow/0937.001/cupappfindrrev2/12/OS/OS 15
Rainbow Park and Playground C
(3) Connecting paths to the shelters.
Response:
The site is within 500 feet of Greenburg Road, which is a transit route. The applicant is
not proposing a bus stop shelter or turnouts on Greenburg Road. There are sidewalks
along both sides of Shady Lane.
12.Landscaping:
a. All landscaping shall be designed in accordance with the
requirements set forth in Chapter 18.745;
b. In addition to the open space and recreation area requirements of
subsections 5 and 6 above, a minimum of 20 percent of the gross
area including parking, loading and service areas shall be
landscaped; and
c. A minimum of 15 percent of the gross site area shall be landscaped.
Response:
The existing landscaping will be enhanced, and additional landscape materials added.
The landscaping will be designed in accordance with Chapter 18.745. Almost 17% of the
gross site area will be landscaped.
13.Drainage: All drainage plans shall be designed in accordance with the
criteria in the adopted 1981 master drainage plan;
Response:
The drainage from the site flows into the 12" public storm drainage line in Shady Lane,
where if flows towards the east.
14.Provision for the disabled: All facilities for the disabled shall be
designed in accordance with the requirements set forth in ORS Chapter
447; and
Response:
There will be one accessible parking stall, and accessible pedestrian access to the front
door of the building, in accordance with ORS Chapter 447.
15.A11 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)
Response:
The provisions of the underlying MUC zone are met to the fullest extent practicable for a
older, previously developed site that is being re-utilized by and adapted to a new use.
Chapter 18.630 Washington Square Regional Center Design Standards
Many of the standards set by this Chapter do not apply to the site because it is a pre-
existing use, and the applicant is not planning to enlarge the building.
The following describes how the proposed development complies with the applicable
sections of this Chapter.
16 ejm/rainbow/0937.001/cupappfindrrev2/12/OS/OS
��ainbow Park and Playground CUP
18.630.040 Street Connectivity
B. Demonstration of standards. All development must demonstrate how one
of the following standard options will be met. Variance of these standards
may be approved per the requirements of Section 18.370.010 where
topography, barriers such as railroads or freeways, or environmental
constraints such as major streams and rivers prevent street extensions and
connections.
1. Design Option.
a. Local street spacing shail provide public street connections at
intervals of no more than 530 feet.
b. Bike and pedestrian connections on public easements or right-of-way
shall be provided at intervals of no more than 330 feet.
2. Performance Option.
a. Local street spacing shall occur at intervals of no less than eight
street intersections per mile.
b. The shortest vehicle trip over public streets from a major building
entrance to a collector or greater facility is no more than twice the
straight-line distance.
c. The shortest pedestrian trip on public right-of-way from a major
building entrance to a collector or greater facility is no more than
one and one-half the straight-line distance.
The site is already fully developed, and is bordered by a freeway on one side and a
freeway turn-lane and ramp on another side. There is no opportunity (or need) to
construct streets to provide for connectivity or continuity.
18.630.050, Subsection 1, Building placement on Major and Minor Arterials:
The site fronts on Shady Lane, a local street. It also has frontage on Greenburg Road,
an arterial street, which is separated in elevation from the site and building. There is
already a building on the site, and no plans to move or expand the existing building.
18.630.050, Subsection 2, Building setback: There is an existing building on the
site, which meets the minimum setbacks (0'), but not the maximum setback (10'), from
the public street right-of-ways. It would be impractical to move the existing building to
meet the maximum setback requirement.
18.630.050, Subsection 3, Front yard setback design: The building is set back
approximately 88 feet from the Shady Lane right-of-way. The development will include
a 6'-wide pedestrian pathway from Shady Lane to the structure and playground
entrance, which will be constructed with scored concrete or modular paving materials.
It is not feasible, nor would it be beneficial to the public, to construct a walkway to
Greenburg Road because of the very steep bank. The landscaping along Shady Lane will
be developed to an L-2 standard. The landscaped area shown on the site plan (16.8%)
does not include this pathway -- although it could, according to this Code section.
18.630.050, Subsection 4, Walkway connection to building entrances: A
walkway connection at least six feet wide connects the building's entrance and the
adjoining public street.
18.630.050, Subsection 5, Parking location and landscape design: The site is
already developed with the parking lot located between the building and the street. The
proposed development will reduce the amount of parking next to the street by
ejm/rainbow/0937.OQ1/cupappfindrrev2/12/OS/OS 17
Rainbow Park and Playground C
eliminating the north driveway and constructing a landscape planter area along this
frontage, with a playground behind the planter strip in an area that is now devoted to
parking. The proposed parking lot area, served by the south driveway, will be partially
screened by the two added street trees and by enhanced landscaping in the planter
areas on both sides of the driveway apron.
The landscaping requirements of this subsection are addressed below.
18.630.060, Building Design Standards: This section does not apply, since the
building is preexisting and is not being expanded. Nonetheless, the building has large
windows on two sides, and is an interesting architectural style and character.
18.630.060, Signs: The proposal is to utilize the existing pole sign structure in the
northeast corner of the site, and the wall sign that is on the "chimney" area of the
structure. The other free-standing sign, which is in the planter strip next to Shady Lane,
will be removed.
18.630.060, Landscaping and Screening: The site already has quite a bit of existing
landscaping. When the north driveway apron is removed, landscaping will be added
along that frontage. The landscaping standards are as follows:
18.630.090 Landscaping and Screening
A. Applicable levels. Two levels of landscaping and screening standards are
applicable. The locations were the landscaping or screening is required
and the depth of the landscaping or screening are defined in other sub-
sections of this section. These standards are minimum requirements.
Higher standards may be substituted as long as all height limitations are
met.
1. L-1 Low Screen. For general landscaping of landscaped and screened
areas within parking lots and along local collectors and local streets,
planting standards of Chapter 18.745 Landscaping and Screening shall
apply. In addition the L-1 standard applies to setbacks on major and
minor arterials, and where parking lots abut public streets. Where the
setback is a minimum of 5 feet between the parking lot and a street,
trees shall be planted at 3-1/2 inch caliper, at a maximum of 28 feet on
center. Shrubs shall be of a variety that will provide a 3-foot high
screen and 90% opacity within one year. Groundcover plants must fully
cover the remainder of landscape area within two years.
2. L-2 General Landscaping. For general landscaping of landscaped and
screened areas within parking lots, and along local collectors and local
streets, planting standards of Chapter 18.745, Landscaping and
Screening shall apply. In addition, trees shall be provided at a minimum
2-1/2-inch caliper, at a maximum spacing of 28 feet. Shrubs shall be of
a size and quality to achieve the required landscaping or screening
effect within two years.
Since the parking lot abuts a local street, the L-2 landscaping standard applies at least
to the west side of the site where the parking lot abuts Shady Lane. The development
will plant four 3-1/2" caliper street trees, planted at a maximum of 28 feet on center.
The existing shrubs and vegetation will be cleaned up and enhanced, and will provide
adequate screening. The parking lot area has almost no frontage that is not taken up by
the driveway apron, but the trees planted on both sides of the driveway apron will help
screen the parking lot. See the preliminary Site Development Plan, Exhibit `E'.
18 ejm/rainbow/0937.001/cupappfindrrev2/12/OS/OS
Kainbow Park and Playground CUP
Chapter 18.705 Access, Egress and Circulation: The most applicable section is
18.705.030.F, °Required walkway location." A walkway will extend from Shady Lane to
the front entrance of the building. The walkway will not cross vehicle access driveways
or parking lots, and it will be marked with pavement markings or contrasting pavement
materials. The walkways will be six feet in width, paved with hard surfaced materials,
lighted, and in compliance with ADA standards. A ramp to the front do�r will be
constructed for wheelchair accessibility.
Section 18.705.030.H.1. requires an access report for all new development proposals
which verifies that the design of the driveways and streets are safe by meeting adequate
stacking needs, sight distance and deceleration standards. A letter from Howard Stein,
P.E., a transportation engineer, is attached as Exhibit 'H'. This letter suggests that the
hedges along the site's east property line be trimmed back or removed, which the
applicant will do. The applicant will also trim or remove the hedge in the landscape
planter along the frontage of the site. The letter also suggests restricting parking along
the north side of Shady Lane from SW Greenburg Road to the second driveway on the
adjoining site to the east. While this might be necessary to meet the technical
standards for sight distance, the applicant requests that the City consider the width and
low traffic volume on this street, which may mitigate this requirement. Both sites (the
subject site and the site to the east of the subject site) have enjoyed the benefit of on-
street parking for many years, and the traffic accident history in this area has probably
been very low. The applicant wishes to minimize any restrictions on on-street parking in
front of his site, as well as in front of the clinic's site.
Section 18.705.030.H.2. requires a minimum driveway setback from a collector or
arterial street intersection of 150 feet, ��measured from the right-of-way line of the
intersecting street to the throat of the proposed driveway". In this case, the applicant
will close the driveway closest to Greenburg Road. The other driveway, on the east side
of the lot, is technically within 150 feet of the Greenburg Road right-of-way. However,
the right-of-way is squared off, connecting to the Shady Lane right-of-way at a right
angle. If the right-of-way line were extended parallel to Greenburg Road, as illustrated
on the Existing Conditions map, Exhibit 'F', the distance from the right-of-way line to the
west side of the driveway would be roughly 160 feet. The intent of this section of the
Code is met, as the driveway is not in the influence area of a coltector or arterial street
intersection, and is over the minimum required distance using a projected right-of-way
line.
The driveway location is as far to the east as practical while still serving as a safe
entrance to the site. Shared access with the adjoining driveway to the east is not an
option. From discussions with a representative of the owners of the adjoining property,
it was clear that the owners would not be interested in giving up parking spaces or
attracting more traffic to their site.
Chapter 18.710 Accessory Residential Units: The Chapter is not applicable.
Chapter 18.715 Density Computations: The Chapter is not applicable.
Chapter 18.720 Design Compatibility Standards: The Chapter is not applicable.
Chapter 18.725 Environmental Performance Standards: This Chapter applies the
federal and state environmental laws, rules and regulations to development within the
City of Tigard.
ejm/rainbow/0937.001/cupappfindrrev2/I 2/OS/OS 19
Rainbow Park and Playground C.
• Noise. Section 7.40.130 through 7.40.210 of the Tigard Municipal Code applies.
The only noise emanating from this playground will be typical children's playground
noise.
• Visible emissions. There will not be any visible emissions from this use.
• Vibration. There will not be any vibrations emanating from play area that will be
discernible without instruments at the property line.
• Odors. There will not be any odorous gases or other matter generated from the use
in such quantities as to be readily detectable at any point beyond the property line.
• Glare and heat. There will be no direct or sky-reflected glare visible at the property
line, or any emission or transmission of heat or heated air, which will be discernible
at the property line.
• Insects and rodents. All wastes will be stored in closed containers, and the
grounds will be maintained in a manner that will not attract or aid in the propagation
of insects or rodents or create any type of health hazard.
Chapter 18.730 Exceptions to Development Standards: This Chapter is not
applicable.
Chapter 18.740 Historic Overlay: This Chapter is not applicable.
Chapter 18.742 Home Occupations: This Chapter is not applicable.
Chapter 18.745 Landscaping and Screening:
Chapter 18.745.040 Street Trees: The plan includes street trees along the Shady
Lane frontage. There is no place to plant street trees along the Greenburg Road
frontage.
Chapter 18.745.050 Buffering and screening: The buffering and screening matrix
(Table 18.745.1) does not show a requirement for buffering and screening between
abutting commercial uses. All of the abutting properties are commercial uses.
Screening and landscaping of the parking lot, service facilities and refuse containers is
required, and is provided. The refuse container and recycling area will be behind an
existing solid masonry wall in back of the building. The parking lot will be screened by
the landscaping in the planter strip.
Chapter 18.750 Manufactured/Mobile Home Regulations: This Chapter is not
applicable.
Chapter 18.755 Mixed Solid Waste and Recyclable Storage: This Chapter is
applicable. A retail space is required to have 10 square feet of storage area for every
1,000 square feet of gross floor area under subsection C., `�minimum standards
method". This building is 2000 square feet, so a 20 square foot area is required. The
area behind the building within the block walls is about 126 square feet. A letter from
Pride Disposal Company is attached as Exhibit 'N'.
20 ejm/rainbow/0937.001/cupappfindrrev2/12/OS/OS
.tainbow Park and Playground CUP
Chapter 18.760 Nonconforming Situations: The building on the property conforms
to the current setback, height and other dimensional requirements, except for the
maximum-allowed front and side yard setback limitation of 10 feet. The existing parking
lot does not conform to current parking lot landscaping standards, but it is landscaped
all around the edges. The site will become more conforming to current standards
because of this development than it is currently.
Chapter 18.765 Off-Street Parking and Loading Requirements
Vehicular parkinq: The design of the parking lots meets the regulations of this Chapter in
terms of landscaping, lighting, drainage, pedestrian access, width of access aisles, and
disabled-accessible parking. The parking lot has nine spaces - four compact spaces, one
handicapped-accessible space, and four other full sized spaces. The aisle is shown at
24'-wide, instead of 26'-wide, which is adequate because 1). The parking area is one-
sided, instead of double-sided, and 2). The 6'-wide pedestrian access could be used as
an vehicle overhang area if necessary. This provides more than adequate maneuvering
space on the site.
The number of off-street parking spaces is sufficient. Mr. Nored has 11 years
experience in the business, and is certain that 9 spaces is more than enough. The
Development Code requires 8 spaces for the commercial use inside the building (2000
gross square feet at 3.7 spaces per 1000 gross square feet equals 7.4 required spaces.)
The area covered with a shade cloth or awning in the northwest corner doesn't require
parking spaces, nor does the porch area on the north side of the building. There may be
some question as to parking requirements for the playground area, including the area
under the canopy. This is addressed below.
The parking requirement for outdoor entertainment is 4.0 spaces / 1000 square feet,
according to Table 18.765.2. The question is, square feet of what? It clearly does not
mean the square feet of the entire outdoor play area, since "outdoor entertainment"
includes golf courses and shooting ranges.
Section 18.765-070, subsection C.4 defines '�space" as follows:
C. Measurements. The following measurements shall be used in calculating
the total minimum number of vehicle parking spaces required in Section
18.765.070.H:
4. Space. Unless otherwise specified, where square feet are specified, the
area measured shall be gross floor area under the roof ineasured from
the faces of the structure, excluding only space devoted to covered off-
street parking or loading.
The 4.0 spaces / 1000 square feet of "space" means the gross floor area under the roof
measured from the faces of the structure. This section is clearly referring to space
inside of a building or structure. The play area is not inside of a structure. The area
under the canopy is under a roof, similar to the area under the porch roof on the north
side of the building. But there are no walls, so there are no faces of the structure, or
gross square floor area within a structure. Therefore, there is no parking requirement
for the playground area.
In addition to the nine spaces provided on-site, closing the northern driveway creates
two new on-street parking spaces adjacent to the site and close to the pedestrian
ejm/rainbow/0937.001/cupappfindrrev2/12/OS/OS 21
Rainbow Park and Playground C
walkway. There is no other adjacent or nearby business whose customers would use
these spaces. There is also other on-street parking available along Shady Lane,
particularly during early evenings and weekends when most of the playground events
would take place.
Bicycle parkinq: The site plan shows 1 bicycle parking stall on the north side of the
building, under the porch roof. The Code requires 1 bicycle parking space.
Chapter 18.775 Sensitive Lands: There are no sensitive lands affected by this
proposal.
Chapter 18.780 Signs: The applicant is not proposing any new signs, other than
changing the sign faces within the existing sign structures.
Chapter 18.785 Temporary uses: This Chapter is not applicable.
Chapter 18.790 Tree removal: No trees are being removed.
Chapter 18.795 Visual Clearance Areas: The only area where this applies to this site
is where the south driveway to the parking lot connects to the public street. That area
will meet the visual clearance requirements of Section 18.795.040.6 of this chapter.
(See letter from Howard Stein, Transportation Engineer, attached as Exhibit 'H'). Care
will be taken to balance the street tree and parking lot landscaping requirements with
the need to maintain adequate visual clearance.
Chapter 18.797 Water Resources (WR) Overlay District: This Chapter is not
applicable.
Chapter 18.798 Wireless Communication Facilities: This Chapter is not applicable.
Chapter 18.810 Street and Utility Improvement Standards: Shady Lane is
developed to full city standards (40-feet pavement width, with sidewalks along both
sides) and sufficient right-of-way (60') has already been dedicated. Greenburg Road is
6 lanes wide adjacent to this parcel, and appears to be fully developed. The preliminary
site plan does not include any dedication of right-of-way along either street, nor any
street improvements other than replacing the north driveway apron with a sidewalk, and
adding street trees.
According to Greg Berry, Utility Engineer, there is no public sanitary sewer line in Shady
Lane, or on the south side of Greenburg Road. The closest public sanitary line is at the
southwest corner of tax lot 900, iS 1 3566D, a parcel directly across Shady Lane from
the subject site. There is a manhole at this location, with a public sewer line connecting
to a 30" trunk line that follows the creek. The subject property appears to be connected
to the public sewer system through a lateral to this manhole. The applicant is not
increasing the number of plumbing fixture units, so the public sewer system is not
impacted by the re-utilization of this property.
Utilities have been addressed earlier in this application. No improvements to the
existing utilities appear to be necessary.
Clean Water Services Design and Construction Standards Manual
The site is being redeveloped, as defined in Section 1.OZ.47 of the Clean Water Services
Design and Construction Standards Manual (March 2004), primarily because it includes
22 ejmlrainbow/0937.001/cupappfindrrev2/12/OS/OS
..ainbow Park and Playground CUP
reconfiguration of an existing driveway, which thereby alters the existing improved
impervious area on the property.l
For redevelopment activities, Section 3.02.i.e.2) applies, which states that Section 3.02
shall apply only when the activity alters 10% or more of existing improved impervious
area within 100 feet of the Sensitive Area. The subject property is over 100 feet from a
Sensitive Area. The Service Provider letter from Clean Water Services (Exhibit 'B')
acknowledges that any sensitive areas are at least 200 feet away. Further, the applicant
is proposing to alter less than 10% of the existing, improved impervious area. (It is
actually 3.4%. There will be 95 square feet of impervious surface added, but 462
square feet of impervious surface removed, for a net reduction of impervious surface of
367 square feet.)
Jackie Humphreys, a Plan Reviewer at Clean Water Services, confirmed in a telephone
conversation on November 21, 2005 that if the site is over 100 feet away from a
sensitive area and the applicant is altering less than 10% of the existing improved
impervious area, CWS's would not require a storm water quality facility. However, she
said the City may require water quality treatment, even if Clean Water Services would
not.
Kim McMillan, Development Review Engineer for the City of Tigard, stated in an e-mail
message dated November 28, 2005 that the City will require storm water quality
treatment, at least for the parking lot area. As she states in her e-mail message, she
expects "at least an attempt to treat the parking Iot runoff with catch basin filters." She
goes on to state "detention is not required until more than 5000 square feet of new
impervious surface is created, therefore no detention is required for this project."
Because this is a re-use of a previously developed site, and because the altered area is
less than 10%, and because the amount of impervious surface and parking lot area is
actually being reduced, the applicant respectfully disagrees with the staff's requirement
to treat the storm water runoff. The only practical way to provide storm water quality
would be to retrofit one or both of the existing private catch basins, which would cost
approximately $10,000 apiece. This is an excessive requirement, considering the
positive impact the redevelopment will have on the quantity and quality of storm water
run-off.
Clean Water Services has specific standards and policies regarding when storm water
quality improvements must be made, and those standards clearly exempt the types of
minor alterations of a site such as the ones proposed by Mr. Nored. By contrast, the
City does not have specific standards and policies that would require storm water quality
improvements for these types of minor site improvements. Therefore, the Clean Water
Services requirements should apply in this case.
' Section 1.OZ.47 defines redevelopment as "...any activity that alters existing improved impervious area on
the subject property. Redevelopment includes, but is not limited to: the expansion of or change to an existing
building footprint or structure; reconfiguration of existing roadways, driveways, or parking lots; and land
disturbing activities related to structural or impervious area modifications."
ejm/rainbow/0937.001/cupappfindrrev2/12/OS/OS 23
Rainbow Park and Playground C
This page rntentionally left blank
24 ejm/rainbow/0937.001/cupappfindrrev2/12/OS/OS
..�inbow Park and Playground CUP
� �
Rainbow Park and Playground Company's request for a Conditional Use Permit to allow
this outdoor entertainment use should be approved.
It is a creative, adaptive re-use of a site and building originally designed for a
completely different type of use. The site improvements will bring the site closer to
meeting all current city standards, will eliminate an eyesore in the neighborhood, and
will put the property into productive use. The redevelopment of the site will result in the
closure of one driveway, which will improve the safety of the Greenburg Road/Shady
Lane intersection. The proposed redevelopment of this site for the proposed use will
have a positive impact on this commercial area.
The redevelopment plan shows that the proposed use fits very well on this site. The
location, the site size and shape, the existing buildings and structures on the site, and
the large area for the outdoor entertainment use, all combine to make this property
wonderfully suited for the proposed use.
The redevelopment plan meets the requirements and standards of the Tigard
Development Code, and this application addresses the approval standards and
conditions of approval found in Section 18.330.030 of the Code. The redevelopment
plan meets the Clean Water Services regulations for both storm water quantity and
quality. The applicant disagrees that storm water quality improvements should be
required as a condition of development.
ejm/rainbow/0937.001/cupappfindrrev2/12/OS/OS 25
Rainbow Park and Playground l
This page intentionally left blank
2fi ejm/rainbow/0937.001/cupappfindnev2/12/OS/OS
__�inbowPark and Playground CUP
.
Exhibit 'A' Tax assessor's map showing the location and dimensions of the tax lots
Exhibit 'B' Service provider responses - Clean Water Services Agency
Exhibit 'C' Aerial photographs
Exhibit �D' Flyers advertising existing businesses
Exhibit �E' Preliminary Site Development Plan
Exhibit 'F' Existing Conditions map
Exhibit 'G' Maps of existing utilities
Exhibit �H' Sight clearance certification letter
Exhibit 'I' Pre-application conference notes
Exhibit ']' Neighborhood meeting documentation
Exhibit �K Incompleteness letter from Gary Pagenstecher and notes from Kim
McMillan, City of Tigard
Exhibit �L' Photographs of the site
Exhibit 'M' Sample pictures of playground structures
Exhibit 'N' Letter from Pride Disposal Company
ejm/rainbow/0937.001/cupappfindrrev2/12/OS/OS 27
� ' ' ''
1 S 1 358D EXHIBIT A
� •� �- a-r .-,�. , >-__. • ti_:�,,,,r� �� ; I� `3 I -� �
' ' �I ; '`� �K �; � F � �� i i ' � --��-
' I � ; 2 ��'" a ., .� �� 1 �J.f . �. j. ,�.� _ � ,..�. f;,.M � ;,,; ,_
u., `� 1 . b..i
awK i__ L�� —L�yitp� ~fi-"��� .��. � ".a�� ._ :� . l��� ..� . J. I. ���_�� '.'
" � �p . — � �� -----l��.a._-�" �-'t1 "�w J,'."a` � wr���aa.
� _ `� �-- -- ,� -- ; - - --'- gyy-� i-- -{CR 33! �--�- -! OAK � '� -_f_"`�-;
i =� _' � "r'� _
�� -- ---�--g � , o.� A� � � � . .�» „�.:{ ..
+nnw't;
�\ �ii rF � I `f � I i ..a�. �� r I��_'�".�_--�-�--
�
�B � . �r�w. � .} 1 1Mw /sni�� ratr
'ra.y. �:; I e��`_ �£ �a� �� j ! � .� ��y f�..���_+L.�_.I����� . � u�e
�"_'_�' � ___�_- ---- --=� 'Q(�F,Q,, � p 3 �:� ��� ,` � �.r _ �i �� �--�� ,6,�.( . �
T ''O � 1 '°° ° ! _ '"w .I
<
Sq�, �,� ��� �mK �' �r�..s----� 9 I `�-"�-��m
���, � : G, � � 5 �a � .�.,e. � ,R_L� ,+�,�i-'
S 1
�\ �ti ,T� ~ I �K
��,. � *� GJyL -'9,Q--�,-- --- -p,�-�--- 1 p:r � i_ �.m, eI WASMN(iTON COUNTY ONEflON
y�,� ; � �. . I{i � `, , f �� � ,;,,. �� ��. SEll�IMY111/4 slCTIOI�1�6 Tf E M ri ry.M.
�.�... � qy� y�G, i l '��� ..e 17 eu�� �oo•
� � �.
j• fr. ��7� y�'�9y � °�_ � S i j i r p_ ,,,,� f:se :ai �as xi �a+ as -ae ar ;
.'i °I l{ ��� �. i
; �} q , i-.�_ � i.s._k a"��.z, i . 's
� � f �� i ! i� !� - ,
,-�- w.. ---�— = � , ; , ; ,z >,��.�r ,o h,, ,z �;
! � � � ��.r .___ F ..,. w--.... I I !'{ . . . .
.�" �7 wa. . _—_ � v.., _ �.r..,�+..+�.....ry-,-wwn_.,.�,.-.r»,.....ww..,-., � �n�°1 � I�.f--. ., ��7! 1! 17-:7L 1 T6 �1/.�'1� H�.)
f �1� �...w.r i'.....�--•-e . . . . . .w..�..�M..,..Y........ ..,......... .�_�s3A-�c�J ! ��. 1— J .
{,,. �: ��21 79 10�.21 � 2
�j r,�c . . RI �„ �^ �'�r � � .�.�, . I � � I�ZI 1V 7t.;{
�` � :I, f �L �.�JO�J' 'n.s�''�_, t,' �� � I. �..�- - �_
��( � +.,..d.. �.4� . GQ' __.�' � _ !4 � . � �� .� i�2b� 70' b.�.41+77.�4! .4tl- 2p:'�
.�r � ,w.. ...� \ ;. � . - � 1 , - ��
ulec � �l�� ���°°,`,'� � �0'� 'p ��"t� �� �.�� � � I�� �d �. I�N Jt•J2 �`DJ�31- 7{ Jf J1-,�,
1
� _'v�.rs-.t. �. T, .� -� xoo �e ,i� .. --. � � � 1 � . r ��� �.�..I A. 6��.,� t�I."p, r,r� .i
� �di yy��+�. �s � � � �i. 1 .� . __ I' � {. . � ��-.�1
���� �'*��. � '�---- ----- ---23-�1 '``\ tf i r �K I !'OIIMO/TrOrML�� I�N/I/EAT
'�� �"�� '� ��` Q 11 ��'�. 3 '.I_` � " .
�- , .,,� . QP--�- — '��VII-9-—-�r-- �s e s I
i"� � , A`SHf�DI�- - ---tRNE - --�-_ 3 I J I es I e,, #.�e,1 �,, . �
�` 1 ;B y Q, F ,
AVENV ,.� �� ;� -- -- "' '" - t�— i F � I ...J �� � ��, i
�a : -Z__.� 1 t
T"'��� }�„ ^„-._''R� ' '' ,:ao I � I
't �\ ..,< �--- - �.•� � � �c .� �n l
i b.. . .� , —SE.C�IDN�5`-'J
,:�-- �:-� w .< �� � �
' �..I 8h y:4. '- °`�i � `` I L� at�c .' ���re<'� , ,l
." . �,+'. noo 8 �� 1 �Z� °k"� . '� C! }� G O!�"�� DA .�,
�r.�a.o- . -� 1 w,- sa ���`•4�� }��,:I—L:,__ -.�� j�"� ,. .��
•:u��e � '�I ..��p" a� p��q iwo �K ". �� . . . � d —.. 1 G .�= �..•p�,__{
'•� .�� � I F �n¢ Z�.��.' nw.+..i �� ���,aw � � �'. �. � �'� �.1
��' _..� �• f �' � ` f 'T"" i �,u.c � � I.,:CD DC� DO'::a
V'�' .8�� �4p \�'�. ' 3 °-"""'�' 600 ��� sao �� ` � ` � �J
,M, f.� .a � __ a� � � ,�,� ty ,,,K g�� _ .�,
— �e•�.� :{ 't.:,�!--=-- „�, j�
,�.�� C�na1M Tatlos For. 161JODD
�.. �f I �=�-=� „at, I �. noisoo-e,.z,.
�'.a".r ..�. 1 ��pi� }�-�.�f-�i�' � � ,i.
� / [/�S" '9/ I �. '.�a £ '.��a�c f,
�-..� 1?' it�e "c.
,J � ' . -
: :�; �Q�,�.,; �� a �3
�✓� � �,�
.� K . YI�y J uoo � F� i000 I� �4,r� N ;'°4 ��o .�.9�
, �: �� vo�t ur�c � . � r . �00 6� �
�; „7� � -� ,..,K ',_3 r:��. „'°
�� � i� ,� �� I , p�'y��Aa�fi t�„� z�f.. z.,�c
} Q �' I i f ,........� �
, � � '. w"-n , v.-�.a,.. r '�° --,.�� ..;_:� _
` /
, 1 �,�- � � SW � ?.:i ? � ;?�ii�,�rr,i ff
. v`-=t�.A� r` !� �' i,�a'� ,4�P ; e ..c��: Y _ - -�0►'��7/IFF.: �� CAI?TOCI?A--PH—Y---{
, ......�.
't�u°�'�-..�,. �'� ' -- �..' �,.-»--. --' ��,�a .,�^"': a i -,�� r--.C� ' � Ti .- i i I ;, r,;, I
.'n.c ,J,x�•. .�� 1 ( g � �,�.�+"`�' .t.�y ��: . .
' � ; -i� ' ;;�, 4`� ��.t}1��d „a�sa �:'�d`�A `�� �y.,:,�"� ; mV
iI { •••• 'L,"9 ' �"L�t•�� �qA��'""�.jly„>, r � :rp 'O ���!. .. I'rw�c OA ASSESSMENT PURPOSES ^
3 : ��= ��±d� �;��+!� w.., '���'� $ • . �
.'I � a,K. t �fi'���' �u `:Q ONLY-aONOTRFLYON Z
�� -��}�,� � ���._� �0'�' i��`- U FOAO7HER USE �
. . �`�, }��: � �W)-t!� l�f . .. w ���;�,. b . ,��� �.-�:� ue.�.u�t�,e.e.nerexnerver�ea�vrc•oo..+ruewa T
�'� �+'�!•ir, I��iini 1 - -� ��uy,�jn,�� e.0 : � �r �.�� i: �. ' � w..,�..b.RrM.�avrsmmar.�uxxiaree.�� W
;J� Y y`�+�a°_S_ A�'4. w�rr�v�o= � t a�� k s',..c-� �++�� .. � i`� � o.�.�roeame�.�er:.w.�..�.i.�ma�m,'r�n+a.m.� �
' '`• � ' �.
I � c� - � ��:.-4 .. �l�.r"��. - �Y�x] �w�i"li� _ , � �__ZZ . .. "
�� �, i .� .���� � x� n���� ,.�.F` �.�,�, �;� �� � �,a���m �.: D
�� �� � _.
, s t. : �' . . .-.�,k _ ���``_fi . . . 1=�� �±+_.si�e . • ,.�,.� I, „. , � ""` �� �
TIGARp
aa+.�*as 1 S 1 356D� 1 S 1 35BD
EXHIBIT B
f C �I �; r � - ,
i D � l�n �r' Il �If� .� I �,'1`
� I i;
i�
� I '`
� C o�'i � � ;0�5 �
� Fi i umber G y_ �Q��Q �
CleanWater� Servlce �y �
Cur commitment is clear. �' e a P r e-S c r e e n i n g S i t e A s s e s s m e n t
Jurisdiction Tigard Date October 5, 2005
Map &Tax Lot 1S135BD00200 Owner T��nald .� Marl n H� ins
Applicant Peter Keefe
Site Address 9785 SW Shadv Lane Company LDC DesiQn Grouv
Address 20085 NW Tanasbourne
, Proposed Activity Retail sales and demonstration City State Zip Hillsboro, OR 97124
for playground equipment Phone 503.858.4242
manufacturer Fax 503.645.5500
By submitting this form the Owner, or Owner's authorized agent or representative, acknowledges
and agrees that employees of Clean Water Services have authority to enter the project site at all
reasonable times for the purpose of inspecting project site conditions and gathering information
: related to the project site.
Official use only below this Ilne
Official use only below this Iine Official use only betow this(ine
Y N NA Y N NA
Sensitive Arga CoT posite Map Stormwater Infrastructure maps
' x❑ ❑ ❑ Map# �SI In/Gl ❑ ❑ � QS# ����
Locally adopted studies or maps � ❑ Other
❑ ❑ � Specify � Specify �-� �C'P�'lat
Based on a review of the above inforraiation and the requirements of Clean Water Services
Design and Construction Standards Resolution and Order No. 04-9:
� Sensitive areas potentially exist on site or within 200' of the site. THE APPLICANT MUST
PERFORM A SITE CERTIFICATION PRIOR TO ISSUANCE OF A SERVICE PROVIDER. If
Sensitive Areas exist on the site or within 200 feet on adjacent properties, a Natural
Resources Assessment Report may also be required.
� Sensitive areas do not appear to exist on site or within 2DQ' of the site. This pre-screening
site assessment does NOT eliminate the need to evaluate and protect water quality
sensitive areas if they are subsequently discovered. This document will serve as your
Service Provider letter as required by Resolution and Order 04-9, Section 3.02.1. All
required permits and approvals must 6e obtained and completed under applicable local,
state, and federal law.
� The proposed activity does not meet the definition of development. NO SITE ASSESSMENT
OR SERVECE PROVIDER LETTER IS REQUIRED. i
Reviewer Comments: '
` �, p�' �.P-r.�
e r P�-� � , ,
� ,
�.P cv�
Reviewed By: ;�S (j�- Date: ��L��1�S '
i
�
j
Pos�-�t•Fax Note �s�1 Dat #of � Official u�� only
0 �.L p pages�
Returned to Applicant
To � �e� � From �'� Mail Fax � Coutzter
co.i� t. � ca. ��S Date l`� 1�- By�
Phone# P f�
(`3�i{� ices.or
3 _�� F��
Exhibit C1
E � �. �,�r
o '�'��';/ �' . ��",� '�' � '� , � �]j t 'y+ !� f
o , '"+.'r �`. ' ' � . 1 l.� 'x�� e >}.:,�� - -
� � � � .,..�"':'� �� }r � � s t� ����r ' � ,. "f�'' x �� !. - a�' � ��F�� � .
. y
. .
Q � ��.� .. �`�� Y�,�4J "4*„'"�, i �, ��,���.,! � � :�;�„
,
E � y� E. � „
o � . ���' , ' - '� ••� N;a 1���li 91�� �, �,� �° �
� �,,.. � � �r. ��" �''.
,�
.. _.
L
� . . �f� .� '� � .., ;a ,a�,�r��; � �. ��
_ .
� �.. 4, „�. ,� ,, r . ti� �
� . .., ;
,�.
� �. � <, --,�, ; �
� �
� �d �+� � ��' _r � �
��► , � � . .
a �-� . �,�, ,�_ �,,.�.
� . , _ ._._
.,� ,
�
3 , � .. . � .
� o- ., �.�, �� ,� , ,
.
.
3 ,, . ,. , �. �'��� . ...�:,:.����.��.
3 � '* �a� ,
s, '�i�r � � � � s' y'�`^ _ _ �
— �.�
.
0
i
... � �°*'��4' ` ,, `� • �. . ; ^
�
o __ - . �� , ..^.�"�j'�, �,_-'� .:.' ' ' > � � '��''�
E � �x � � , ��' �� i ��� _� ,�. �e"�
�, �� ,:�� a ,� � .�� �� a�„ w
� ¢�"'',���''�''.�� .���� ��1t�, t �` � �� ' ,.r��,;i i � ::y%T„� ��'"3��' �;��;� #
J ( a� '
LL � ,� =a► ', � � �
�'S� �- i � . '� „.
— �
� q '�: ':� '�" �'.,` + '' i �` � �`""T , <
� 1 . � 1`4''# �." � � �. 7 � � � .."1 j�a. '� -�``� „^��
.
+
a � �- �, } Q 3� ,' �: ' ,� ' , ��� '�r�''` �"�,..�.^ �`. '�: � �
� � � � .� ���' � �1� ���� � '���� " �� ��� �' �`�`► , '��
.
_ ���+.�+�. , �'v� �, �� � � � �'4 � t 'ik.���i r ti"�iw .�' a
O �� � �°r � t"� .�� ��.s „t,�
� �sl {�+ � �� `y�� ' . ��.'�`�;�,� �'r �
� '� �i:.,� � . ^r ,.,��.. $�►,�� , 4"►,_'.;+bp ,�v.�, .Z. . � �',
; 3 .
— . . .�:,,��. - .. �r, =` ' ,n, � : '+,i '!} .. -. . '
�
� . - � . . � � . . r � # �� - . �� . .:s�
:" "'� `s I.y.. ,�,
'Y �;����'1� �'� �� '� ' .' .'� „Py� � f Sl.' I
� � � � - �✓ r ��� .'! `�.�_? � . . '1.�� � .. I,
.�� ����� ;,� 1 �"•i �y'��M
.�• �,�i � ��� �� '' �. 'I
¢ Y . .1� �}�� ��+� � �1 � R - �.rt,,.�...i
U — • a � �r 1...� x•t�� �'
N . .�� �2 � Y�.' . -ss..y� . ,� r' �. ,! ,. � ,,., f ?.�.
� _ � • j - `�_ _ . �
] � �
� } .. , .�'/��, � �.
,y:� � � ,. '. ,
� " ,
� "'�'� .. ...�- t# ,
°° ; �►� f <9.� -�� � � �`,' �''�'"�,� � `.
°' � � � �3e f` � '�� r�} �� ;�y¢ _�" -
. . , .
U �� � � � > ,�'° t.�t`� „�
� 9 .�. �.
.
o � �> >__._ ..�� , , As r, e� �'+♦ lF��
� �y +�y� ..i� ?� ��� � �4
� ..-.
...,.... . � . _ :°� .�� �..
m � rai+w ��, '�� x � �^� '•� �.�
. .
� .e=:� ' ti- �' . - , ��. �` y� . 1 �'� . 'Y'
w, �i . y � i+}�y �'+�' _
¢ � � 3 i..��� f �tC ,f i A'�' �- '� 6 g"_
� � �
� � � � ` ' � � � ��;. � }#�. ��"� M�;4 ',- .'• '
° � ti � � '���` ° �. ° } �' i� � r� in. '�� ��''�� •+r. � • •�
o i . � � -rti ,t},. +� t
E �� , „ T � +�if s # * � °�.�` ',� 4; 'i'.��} .�� '� � I� �
m �r�r�y� Y�A '� � � � ,�,? � � � -�.# �' '�3�
, i�: ' �
�,
�y, u y
� _t +� ] /[
� � �.
~ . �'�A ' ... .� '��'}3" , i�R'" '� ���4 ^�4 ,.�1� �•' �. � �•,� � �.,
o , �, �. � ��► ,�'� ��„� � �'
o � '{� .�`��s � _� � : ,� `'%.,,�i.. � s �3�. .,'�� �'� � � A i 'S.''}} L' ��I
fA i � � j te j�� �� �• ��}
� , ri��� � ' *� .� � � f r �� � �� � � �� �
_ +� �+�'L.� t ���,L� 4ry �4�.. �+' ._� .1: �.i� .�� ,'�.�'� ��. � r � Z�� �\ '� � �
Z +� �d� 1 x_ � �:�. . x,.r� t' '�i'� �,`. "� s .�..�t � � � nf�V` � ._ .�..
r .�� .i < _�qF �'� �° � � ��� I '7 .h� ��•ti� ��� .��y'� `�` �
� ' �..� '�' '� g �=�� �i *� *? s � '�`,� ,� .«+�'{�,��4 r'� 3 v�.-' '� �y:
O .(+�r$}�.4 ,,.� .t�� �'ti� . L,4�; ` w . •'� :� S..
T � x'��,``�+'y� ;, ti��f� « �� ;''ei y �� `,ji n �'Al. . � .. ...t�i. �'� � � +'��,.
� � ��`"a.�. �,�, L;i�v ex �.w°*'...�` .�..,y.r# ���..� �3 R ti � ? ry �� �, �7�� . . ,3 �. 4 �ia� �'wy.
+
a ..�a Ia+S A� �"� � '�4�� ,°� }'� w i `..� i� . ,� � M1r� . }�,.
E �� `�r . „�,. .a,odF„�,'�,' +' , ^y ]� � � �. �' _, ,
p a i . � - �t� '.k , �}t �L� � .
�i
U ��� �� � '4_ �t. ��'1r�` ��'�� �� � t .
j " �,^'" � i!� ��'� ��� .���� y,�s";, � Ar •� � �,��� .�"� ��},�
� ' :
m ``(�y��e .. " b- '� . . � � ��� .� 4� ."� �4P�fS ��r� �"�
_ �;:`��i . .�� v�': ,!-'�+ � ?! l... �� � , ._ l� 4��� • ��Y
.. * .
� '' q�� ��; � ^ ,�� � ���"' # _...__ ��.�:�� . �
a » , ._ . .. �. '�`S _+�►, .. 1 ..�,�-�, ' " �---�--�`-�� �—�----- �
�--- •"'�---- ---`;-�-�h��Ct--_._ _
@ Date:
; � Exhibit C� October7,2005
� LDC
� Rainbow Park and Playground
�
°-' Design Group T� ard Ore On
� aPmohmmpany g � g Project#:
� 70005 NW TANASBOURNE�RIVE sources: 0937.001
HILLSBORO,OREGON 97724 Metro Data Resource Center,RLIS Lite Data Disc,August 2005,
U PH:503.858.4247 G IeEarth Drawn B R5
p FAX:503.645.5500 �9 �'
J
EXn���t ca
� �
o �" ,y i � � _ .`�,,, �
�
� ; . } � � ��_ '�,�, .:� �
T �
���
t0 �`� 3'`� '. �. � .. � . `• � :jj �*� �' � ��� . t,
n � ����.�_� .� � �'
U �'" � Y �' ' � � , � �+ � �� .
- �' - °- �` r f � ��'� � �"� a'
� R�.y�� _ ',!
`° k �. .-.Y'A.,�►-- *.w� �`'�� T �t.�• - .
� + .� .- ����
3 � t�� .. h. K 1 e � _�
3 �.�A� . �, ,,a�:
„ r
c � ..� •r� - � ' ,�
� � ._ `''-!'�
� �r;.
U
.
, � ° �
J '. ....r_.. . " "__„_ _
� � .�
�, �� �'; ��� � �,
� I� � '..r ��"�`�
� �/ �'�• ��y ►
j� ....� � � _a .
Q �/^. �,p � ��+� .
!
� �� �
� �
h
N �
� � �. s �
o '"� '" -- �
� �
. �
� �
— .,� ,% - I
J
� � � �� .
� y'' i _�x�
Q �c..' ^ � � - !
-- • :�,
� ' � _�� ��i
v � �■..■�� � _
� � , .
> � � � F
�, " , �, �
� � �� �� �
m ��a ��
�,� � A;
r� � , � d� . _ s
� ..� a �.
> � �y '"� i� � �
� • �
o ; !
c� �.v_�._!� �� I
c �. -
� • -� . "�'�1
] , � � ��� _. .
Q � ' � � . ' d ��
,. �
� �
� . � �y � I
��
..
t � +t+.r����_t ��' � 4
,
Y , .: ,
� .
, - - __ __ _ _- -
o ___ _ _ _ _____.�_--_ .._
0
m ,..r «.,: � � � �.
� � -. . _ .
— p ��� y� ��� � �
— .�i .
` .......f `"+ aiia •� .
_ ,,,
� �." ' 'y° ' � -e..
.. � _ ..W.rn., , ���� � � .<e . ;
x
-,r.^�a.�. � .,..,
�1.., . � : ., � � 3 . �: � �.� _w�A-�r�.,. , �,�.+�.' F.. .. . . .... ..+.,w..- . . ��"�,:.aE_
p - �� .'.�` '. �.' ..A � , . ... .
� . �.�: :,Ky,..�: : �•� . .. ..s. .. k �,� } . ., .+..
re
a ./u'r�,. x. �, ....L � �•� « '�►;
„_ .� aY.� __,. . ��. .
_ � «t .'� ! • ...��y.• °� ��'� i.��.,�, .... ...
. �e"y�. . � . � . �
, �:r ��.
a' . � } ��..y����� . ' �..�� . �O" ��YlM�t.
4� .. ���� . � .
�ra
O �.. � a ..�p..v.}...�.._ -...-.c• . ., ���-�w+rir � � . 1 _........_.
�
C 4���" � ��� ".� � �
<p .. . � � - _ �i�.�. i "'. .�i , . �
' - --- �� a y `- -- . ,y��
Q - ..
s.. �-..� �° .�..�.
� ;�-r.� � � � �•� . e '�� _- ;a;� �� - .
."�+ �' ��#
O � ���F� '.,M1�'� �� � � y � ' � . � � � .
�° �. ��� . ._. . , , `� •'
`° :.c i� ,1� �.. �I
a � �
m —
� Date
n � Exhibit C2 0�0►���,ZooS
0
� ��� Rainbow Park and Playground Not to Scale
�
°—° Design Group Tigard OR
y � Project#:
„ �F-�„�,�,�a,,,��„Y
❑ 20085 NW TANASBOURNE DRNE 0937.001
HILLSBORO,O(7EGON 97124 Sp�fCeS.
U PH�SO:.BSB.42@ PortlandMe s.com,2004 Drawn B RS
Q FAX�.503 B�5 5500 P �'
J
Rainbow Park a Playground �` �� . �"5
r��_
� �� ��°
� � 'nviN60`Y
��� .�� �� � � � r. �*�r
�� �� a
��� � � � � �
° ° e aY or Play gro � �
���� � yiti: �.i i.�NHf iIf1IH iill�:+..:iuu� �,.
F�r Your childs �ext Sl�h 4p
,�, � ; r
�� , �N ' ��,�!G.i...!:i;l,��! ''.
j, r•:�:.:�a�u:::�•:
` Call us at• a�!������r"`�;�`'��;'�
�� 689-1702 , The Children can play in our showroom full of ,•.
� OR �' ��• wonderful and exciting RAINBOW playsets. i =�- �4t�
. .
- - - 008 '• � � They can scale our rock walls,slam dunk ►��..� �
,� 1 888 276 8 �
on our adjustable Bison Basketball Hoops,
ride our friendly purple dino or reach for the
moon in our huge inflatable Castle Bouncer. �e��
/', �� , We have it all to keep your children p �
{��� � � � entertained for hours. a r y
- ��r� . �
i1T;r��;: "� � Two hour parties:Tues-Thurs $90.00*
���-��:.��..,
��1� � �"1����� � �� '�� f Friday Saturday Sunday $99.00*
���i �' - � . _
,
� � � �� �: y_'-:� ,� :.McRICAI`J
'- �+ Where: 90496 Hwy 99 North Suite 2 v�s/4 -��.��-!� � ��ESs
� � ii� � .�� Eugene,OR 97402
�
��";� 'M 1 J miles north of Beltlme
� '-Z''` When: Tuesday- Sunday
Two hour slots avaiable. Fee includes use of play systems,
Please call ahead to reserve basketball hoops,castle bouncer,and
your time one party room. Fee is due at the time
:� WE ARE YOUR �'' �/h0: Children ages 10 and under of reservation.
Y� �O Maximum 15 children
U
HEADQUARTERS O
P � . �' * $50 deposit is required the day of your
�Itr���� �
'�' '�' '�,L��p�� �. � f� party - Refundable at parties end,after
� — ��y_ ,�-
- „ ., ., �-� c l e a n u p. C h i l d r e n p l a y i n g i n r a i n b o w
� � .,�i�.
� � ��� `� �'� � t� showroom can do so only under adult
��� supervision. Must have ONE adult per rn
Rainbow Park& Playground �jM; � FOUR children. You are responsible for �-
6$9-�7Q2 clean-up of your area. �
_.
rt
www.123play�groundcom -
��B# ,4osso 0
�Ea 'Y Rainbow Park&Playground - -- :-'�
.ese °�r �� _�3 ,.
Tod .; n :�
a, , O ,,. �'-�` f;� 1�-;� ,-,
� � � -
�a Y .. � �,, fj : �. .,
. /� .t,� � � -,, ,�, �.
For you childs next t`� ;_��. ;���� -�:�
Call us at: Birthda or Pla Grou �- �,� �� �'-` -�� ��;�
Y Y P ��,,�,�. k�,,.
503-493-0663 �_.
�
OR �
1-800-RAINBOW The children can play in our showroom y e
full of wonderful and excitin RAINBOW � �
9 � S•
play sets. They can scale our rock walls, •
�� fly down our spiral slides and reach for Two Hour Parties Tues - Sat
--�'�� 1 � the stars on the swings.We have it all to
'�` � � keep your children entertained for hours. � I 35.00
L.;-�;��� �� -` �- Due at the dme of reservation
�-- - ` �
,. _ < . \ �.
�►� � �!���� ''aI �� `�" � � � � � WE PROVIDE THE PARTYAREA
�,rr ,
�_ •-J , ,,�� ' �� Private Party Rooms w/
'� � �' -� �� 1 Tables & Chairs
- - 4835 NE Pacific St
Portland, OR 97213 Refrigerator & Freezer
Pacific St. is located off of 52nd & Halsey Cleaning Supplies
* WE ARE YOUR �'
YOU BRING THE REST!!
P�(GRpvq � September thru March Food, Drinks & Decorations
�� ' VO Tuesday - Saturday
Two hour slots available.
HEADQUARTERS� * * * * *
* Please call ahead to
reserve your time $50 deposit is required the day of your
party - Refundable at parties end, after
�inbow Park & Playground Co. clean up. Children playing in the Rainbow
• Children ages 9 & Under. showroom can only do so under adult
50 MaXltl1um 15 Childl'en. supervision. Must have ONE adult per
1NWW.123playground.�On1 FOUR children. You are responsible for
clean-up of your area.
*Adult Su�ervision Rec�uired�
$8 .00 per child ages 9 and under
(under 2 free)
. .
a a ea or a�a � a e � mes
689-1702
NO open play when events a�e scheduled
Please si�n in at t�ie o ffice 6e fore pla�in�.
Maximum 3 5 Children
� EXISTING UTILITIES
Exhibit 'F'
N
i � � �
I —xss—xss— SANITARY SEWER LINE PROPERTY LINE (TYP.) / _ � �
I —xso—xsn— STORM DRAIN LINE ' � � _ Q 2 g
xv—xv WATER LINE Q __ _ o,
� E 15TING TREE (TYP.) p°i x
� W� WATER METER/SERVICE �� � z��i
i W x �
I � FIRE HYDRANT �'����� � . a Q���
____
( OO STORM DRAIN MANHOLE
a v~i o°,W..~'�'.,
C� CATCH BASIN 'r��J�O EXISTING SIGN � '
I � SANITARY SEWER MANHOLE .��
I ,` \ _ _ _ ° z
OO CLEAN OUT `�
O /. _ _ ao Jo
/ � �
I � LIGHT POLE � _. � } = o
� �Q, UTILITY POLE � � _., i _. _ -' _ m J 3 °�
�� OQ L------- ---- _ ____ Z � N Q
� �,�P `�� EXISTING CONCRETE � �� Z a'no F
O �i� � CURB/PAVING - +� ¢ rn
( Q. ,��, �� / �
O �k' �� _
\ �- �v �`' • EXISTING BUILDING
I (�� c�0 �` 2000 S.F. G.F.A. _ ._.....--- Z
( . �C . � �� . � J
\ �J � x a
I \\ ��� / N _.. �. N
EX. ASPHALT --- --- --- o
I C�� CONCRETE __. _ ....__ F
X ` �� o
N � � Z
� � �J� � U
ACTUAL EX. CURB AND LANOSCAPE I I EX. CONCRETE c�
� � G EENBURG ;,:_,f AREA TO BE REMOVEO (TYP.) y� � PROPERTY � Zr
N r
,._- -?; LINE (TYP.) � X
I RO D R.O.W i �---o--- i EX. ASPHAIT —
/ __.___________ �yA
� � �-------- � CONCRETE �
� � � _ _
�/ PROJECTED � / EX. FENCE EX. OVERHEAD i i �
� TO REMAIN CANOPY x� �
GREENBURG � N� � Ex. FREESTANDING POLE ------ - m � o
I / ROAD R.O.W / EX. FENCE TO I SIGN TO BE REMOVED -
EX. BOOTH i � � � �
�B E R E M a V E D (T Y P.) __ L_______ i E X I S T I N G C U R B A N D � ° �
I \ � /
/ � � � LANDSCAPE AREA <
, ....,_„.......�_ _., � '^i � � TO BE REMQVED l _ __ �
_____-_ x_r r....._.
EXISTING ORIVEWAY � __,._ -' �
I EXISTING 1" TO 8E REMOVED �____ � C� � -- - � � o
WATER METER SHADY LANE H I - a
\ EX. 12" CONCRETE SIDEWALK i � m �
� �Q� � R 0.W �< . — — _ . $
) ' ,.,,_ ,
/ ___ l - „ F
/ ' o
/ :,
, z � ao ' EX. CON RETE SIDEWALK ' � .,,__:.�' g
� �' ' _.__'
/ r' �`� y`,� N THROAT OF g� i
; ,� x o 113.6� PROPOSED DRIVEWAY y `� � �°'��
/ ; � I d o g� 4
�,' 159.6� N (SEE SITE PLAN) c c a''i ;���� �
� . �� �
C e " O O �p c � 3cgRR3 c
, .. . . . . ... .. . .. c,p .. d d W(A �9t b<� c
EX. 12" WATER UNE �I SW SHADY LANE I EX. 12" STORM ��`y ;
� �
D XSD—XSU—XSO XSD—XSO--�-%S➢LxsnDRAINSDINE XSD—XS� XSO XSD—%SD—) j -a`
` V �
� �
�
� � �X4—XW—XW—%V— —xV—XW—! —X4—XV—XV—XV—XV XV X4—%y—y Q Z -
EX. CONCRE7E SIDEWALK
x J '� €
q-�p ° �
. � / _ _ _ _ � _ _ _ - - - - - -yYO - - - - - - - - - - - n
— —..._ _ EX. FIRE HYDRANT� ____..---...,. ___...—._�.__. e
/ — ..._ _ .
,` --_.....
_ ��, —�— _.._—_...._...�
...
� � �
i� � I „/ � � � �
x
. / / ,�I I I .i..i ,.. ..' � .-.. ............—._-_ ...___. II . , �
. ; �� . ........... ..._... —_,.. _.._..._. .
� i
• I c
, ^
: ..- 5 n
� /. ..._-_._ . ' , - - . . � � � - .
_''
' _ _ , �
� I • ' �� c'
c
/ � 30 0 15 30 60 � ��: 0937.001 _
/ I Z SKET rO. �
OA � a
i =
1 inch = 30 ft. °` 2 �
EXCD E
Exhibit �E' N
AREA CALCULATIONS � � � �
PROPERTY LINE (TYP.) / � _ � �
Total Site Area 19,166 SF � �
N
i � • o�g
�
� E ISTING TREE (TYP.) / p���
Total Existing 2,964 SF (15.5%) Q- �
Landscape Area � � � Z�� '
o _�
W
�,� 0� � d Q�_�
Existing Landscape Area 122 5F �� p 6 v~i���
to be removed .T J� � '
EXISTING SIGN
�� BIKE RACK REFUSE/RECYCLING
� Existing Landscape Area 2,842 SF . �'Z - -_ - ____ _ _ .. Y Z z
to remain OJ \ _ � _ __ . Q o J o
New Landscape Area 391 SF � � / � --- � r ? �
� ���;__.-�
�, - �' _- ___ p ❑ m � 3 °�
Total Proposed 3,233 SF (16.9�) �oQ , �------- ----, __.__ ? a N �
Landscape Area EXISTING CONCRETE a o n F
O V, � PICNIC AREA CURB/PAVING �� ¢ o,
Q" \� , °
ti WITH SHADE
�' �-EL' CLOTH & WATER EXISTING BUILDING
�� FEATURE 2000 S.F. G.F.A.
�,.. —
��J \ � Z
� / � � — — — . __ ..__ cn a
_ J
�� ✓ NEW CONCRETE I -
C� PAVING (TYP.) - " , a w
� � ;o� - � � �O Z O
� �
PLAY AREA WITH �`� PEDESTRIAN -- w �
ENGINEERED W00� � ACCESS PROPERTY F � w
FIBER SURFACING i ��--o---� ��� ___LINE (TYP.) � °
\ � NEW CURB (8000 s.f.) i `--------� �� °' °
i �i _____ ___ __
EX. OVERHEAD i �� 24• �e.s'
� CANOPY � _ ___ ._— o
NEw FENCE � I m � °
(CONNECT EX. BOOTH i 6' °
Y � �
--1------- � °° C 16.5' —........_...___._ U o W
TO EXISTING) - _� � EXISTING �
i � — ' ASPHALT —...............� o
NEW CURB � � NEW CURB � �
.. J :__.._......._-._... j �
- -- i � o
� c . _
— - - — - - _
mW
_ $ a
, � . �
�
6 _, � _
S
NEW STREET TREES NEW CONCRETE ti ` W���� i
NEW CONCRETE DRIVEWAY APRON NEW CONCRETE CURB ` �, ° �p�n� �
G� N T i�� t7
CURB & SIDEWALK & SIDEWALK (TYP.) � �� i��^o �
m c � ��O,-R- ,.
SW SHADY LANE a w� ��� ; �
��a
d �
V g °
�
_ 0 " :
� �
� � :
o a
�
- - - - ,
. _ - - - - �—
- - - - - -
_...... —, � _ - - _ _ � _ a
. ..--- _.... I _._— -......__�'� � �
�_.__._..------• E
. ..._ - - ......_._ � , �r
� ,i� � I �
� ��' � i ,....''-� ', ��: �_".- . .........._ ....... � �
� !`� ...�-� , _' ---_ --___ _
_._.... �
' �"� ' I €
- ,,......-
,� �
.__
; ; ; , I -
i � �
I '
,�,�.: �
I J 30 0 15 30 60 � 0937.001 �
I Z sxrcr ro. L
OA ^ a
� u��
1 inch = 30 ft. L' °i 2 =
SITE E
\ �� ! '-
�, , �
,, �,
. �
� ,
� _, _ G��� �
oa �-�� �ti�� � _
�aoo a00000 ����,, '�c �� ���
oa0000 �, �������
a00000 , �� � ,
000000 � /
000000 � =�
;
aoaaoo , ��
000000
000000
�
� � -- ,
$„
r ��— �
- - - � �_
�
2
D !
i0 � _�_--- _
�� ;' � �
— �
� �� ' --,;
�, _,
� ;Z ; ,'
'.: �
� � ;
� ! � �
� ��� I / , �� �
� �
c� � I ;
�--- � � • V��
%
� cv —
. � �' x
�
_.
- �_ ; �
�_ .
11-111— .1--1—�—�— i _ -5��'►`{__ n � ,� G�
i o�--
�
�
- - � ,
_ _ � � �
_�,. �
R � �
�� � --
��0� , /J \
aa0000 , �,, c �
ooaaoo �,,
a00000 ` ��
\ �� ;:
�0�0�� ` � �����
� — _ -
��0�0� '�� � . , -- '��� '
ooaooa �
000aoo /;
;
a00000
�I -,� i ---- _
i
, � /
_1 _1
,
� . ��� ��� V� \
i -�I - - - - — - '+
c�
T•
,.
d�._
�---- �
_ �
� -
� _
- - �
� ❑ __
� I
' ' R
� ;! ��� �� � .� ° C
� � � �ti ,�� � � ;�
o % �
�
� , �' �-�; q o
rt �
�D
� �
� �- -- --�--- -- ---- --- . ;
_- --- - _.._ I�
_ ��� �
�
��.
— AVE-- � � , � o 0 0
11�11 � i—�--1—►�--� . ,--- y���h ��,� � i �
oaa
�
J�
��
��
C��
/ /
RIGHT-OF-WAY
5T1A.STA 10+00
CONNECT TO E%15T.C8 C�I`e
PLUG 8 ABANDON IXIST.I.E.OUT J L
E%IST.EDGE OF PAVEMENT
r EXIST.CB
� I . . DRIVEWAY DRIVEWAT DRI`�EWAY O
DRIVEWAY lI�
STM.STA 17+80.96 SiM.STA 14+28.12 �w
INSTALL 34.95 LF.OF I CONNECT TO tY PIPE STN.STq 12+59.04 INSTALL 12�STUB-OUT CONNECT TO 12"PIPE �!
12'PvC PIPE(ASTM 3034) STM.STA 10+76.55 INSTALL 290.05 LF.OF W1TH 12�X 10�TEE CONNECT TO 12'PIPE � W1lH PLUG W77H 12'%70'TEE Q Q
CONNEC]TO 12'PIPE 1+00 12'PVC PIPE(ASTU 3034) � 2+00 �MTH 12"X 10'TEE' I T —I — y��+— _ �m
,NE o.00 ,�,�,z X,o �E _ — _
~— � � � —I ST1A.�11+86.?�2 � STM.STA 13+25 INSTALL 235 LF.OF Q
STM.STA 10+34.95 E%IST.EDGE 0 PAVEMENT INSTALL 72"X 10 lEE I INSTALL STANpANU MANHOLE CUR�ac GUnER I ¢
INSTAIL FLAT TOP MANMOLE N1iH PLUG
� G pA G w�J
lY w w I]"w �2 w Z�
� INSTALL t4 LF.OF INSTALL 10 LF.OF J
Y G 10"PVC PIPE(ASTAA 034 T STA 3+0J 10'P�C PIPE(AST1A 3034) W
10'P�PIPE(ASiIA 3034) T � . W77ER �OS . . =w
S�11.SR —g-- � � ' ' �RIVEWAY MATCH E%IST.CURB ��
� GONNECT TO EXIST.CB DRIVEWAY 'INSTALL 7.77 LF.OF—
10�PVC PIP (ASIM 3034)
�RI WAY PLUG N.ABANDON IXIST.4'�.E.OUT S�28.93R POiHOLE WA7ER LINE Q
RIM 165.04 RIGHT-OF-WAY BEFORE PLAGNG ANY PIPE 50
PROP.LE OUT 763.00 CONNECT TO EJaST.CB Ap,p�57MENT5 MAY BE MADE �
PLUC 8 ABANp ON EJaS.12'PIPE
POTHOLE WATER LINE INSTALL STANDARD CB (3 LOCATIONSJ
RIq1T-OF-WnY BEFORE PUqNG ANY PIPE 50 RIM 765.00 RIM 165.15
ADJUSTIAENTS MAY BE MADE PROP.I.E OUT 76200 PROP.I.E OUT 163.55, INSTALL RECESSED CURB INLET
' RIM 164.93
� � ' PROP.I.E OUT 167.93
' ' INSTALL CURB ARIX1N0 INLET
AS REW�RFD TO AVOID WATER LJNE
PROPERiY LINE
Water/ Storm Water
Ea .bit 'H'
PRELIMINARY Intersection C�
Sight Distance Certification
ENGINEERS
December 2, 2005 Project: OR05.050.T22 - Rainbow Park
Ms. Kim McMillan
Development Review Engineer
City of Tigard
13125 SW Hall Blvd
Tigard, OR 97223
RE: Rainbow Park and Playground
PRELIMINARY Sight Distance Certification
City File Number: CUP2005-00002
Dear Ms. McMillan,
The following is a preliminary assessment of available sight distance from the driveway
of a proposed new facility for the Rainbow Park and Playground Company to be located
at 9785 SW Shady Lane in Tigard. The applicant is proposing to convert the currently
vacant site to a sales center and an outdoor play area for children's events. The site
has been used in the past as a gasoline/senrice station, and most recently as a vehicle
sales and rental business. Two driveways are currently available to access the site. As
part of proposed improvements for Rainbow Park, the applicant will be closing the
west driveway (closest to SW Greenburg Rd), and moving the east driveway a few feet
west to align with the parking aisle. Thus, the access for this project will be located
approximately 22.5 feet west of the site's east property line onto SW Shady Lane. The
posted speed limit along SW Shady Lane is 25 MPH, requiring 280 feet of intersection
sight distance in both directions along SW Shady Lane from the proposed Rainbow
Park driveway, in accord with Exhibit 9-55 (Case B1 - Left Turn From Stop) in
AASHTO's A Policy on Geometric Design of Highways and Streets (200i).
A preliminary assessment of available intersection sight distance from the proposed
Rainbow Park and Playground driveway along SW Shady Lane was performed based on
AASHTO criteria. AASHTO recommends that measurements be based on a driver's eye
height of 3.5 feet above the minor approach at a point approximately 15 feet from the
road's edge, extended curb line, travel way et cetera, to an approaching object at the
required distance (Exhibit 9-55) whose height is also 3.5 feet above the road surface.
Looking west along SW Shady Lane from the Rainbow Park driveway, sight distance
was measured to be at least 280 feet (to the SW Greenburg Rd intersection).
However, looking east from this same location, AASHTO criteria is only achievable if
some minor improvements (see below) are implemented. Currently only about 115
feet of intersection sight distance is available to the east from the same proposed
driveway location due to a tall row of hedges currently growing along the site's east
property line and more importantly, the allowed on-street parking along the north side
of SW Shady Lane. To achieve the desired AASHTO sight distance, the hedges should
be trimmed back or a portion removed, and a no parking zone should be established
along the north side of SW Shady Lane from SW Greenburg Rd to the second driveway
east of the proposed site's east property line on to SW Shady Lane.
2D085 NW TANASBOU0.NE DA.
HILLSBORD OR 91121
PH SOJ.690.8080
F% 503.645.5930
WWW.CiSENGINEERS.COM
PARATI CORPORATE OFfICE
HIllSB0A0, OREGON
�
Rainbow Park Preliminary Sight Distance Certrfication Page 2
December 2, 2005
In conclusion, I hereby certify that intersection sight distance is achievable at the proposed access for
the Rainbow Park and Playground facility providing the mentioned improvements are addressed.
Available intersection Sight Distance will conform to the requirements as set forth in AASHTO's A
Policy on Geometric Design of Highways and Streets (200i), subject to the following improvements:
a. Hedges along the site's east property line on to SW Shady Lane should be either trimmed back
or a portion removed.
b. A no parking zone should be established along the north side of SW Shady Lane from SW
Greenburg Rd to the second driveway east of the site's east property line on to SW Shady
Lane.
Sincerely
� /
� ED PROFC�
�NG ti�tfE- '
Howard S. Stein, P.E. � 17,04
Transportation Engineer / r
/
Attachments �
OREGON
�L v�N 19. '�9� �.�_
9R� SCOT� ��
RENEW DATE �/�ot
�
� STUDY AREA SIGHT DISTANCE VIEWS
PROPOSED RAINBOW PARK ACCESS TO SW SHADY LANE
Tigard, Oregon
�_
r
r_ . " �
� _ ..►.� � . � =t�.' � �
.,.��,
-.
._ 1,,,, .
--�... • .�-� 1 � , � > ..,_..,:_ . _. _.__ - . .� _
- T-' .'�� ,.,,,,.�r
`.- ..� � ' � '� � .a
� ���'�
, . , _ • .
. ,� . �;�.''` ?siK. . `�E��
°''��S,y�'_' `i:"�P`�.j,�-�� - - - �` �,$i�'.
>wS"'..t� � ���y� ���
w
�z r� .s ��e �;. - -
Looking west along SW Shady Lane from the proposed Rainbow Park and Playground driveway.
Taken from 15 feet back, 3.5 feet above driveway to flag at 280 feet and 3.5 feet above road.
� � , i, � ,
i�✓: ' �,r , I ty����� Hedgerow , y � -.��
� r � �
,��',* '' � �' �� _ :� ;:• ,"' Obstruction
r On-Street Parking
r' ; �` Obstruction
w�l � _ f; � � ,`_.,�t
�[,,�''� �•F:,_ �r �� �'; �� � � ��- �—
���<"�r�r�, ,'rrs '-�<F-t4 ,� '7''�'. R� _ � y'� t `�.
_ � h� ,' ,
k,. � ya:_ -t
¢. � ��' •�� • - -
e� '� .� J. � � '_'t
,t,,.,.." �, �+�,(� _��.�-'°'"'---„�"�
-'F `��' �l. �.+
�:S!� 1 ,,� # . + .�.._r1.��S��nr
•��� ' � �r� �,� ►
.d ii' ••
4 a ����� � .�� ,.' _ �I�
��� �� �����j��,,y�- ��������A. ,i �. _ { :..L '�C1N`'�',:
�:7�} rt,�'''�fi+.�',.'r• +firy,�'.r.� R� :,��'ay�b. y�5.y � . , � . F�
� � ,�,��F:"�F :.. �:�;{ �t , .. - .
.. . . � ••
y :r.{,h �rw? _:.0 d �Wr'�r+'►�"Yµ�"�3^�.,�,Y'n . . � . .
� .K._ �3, ,`; .y �,_�.?��. . . ' ' �� .
,�� � {,,i�
YS fi 4"�. Y� � 1 'G���, hilw�St�'��t'F fi,� �."�?'' p � �;J�.^!
�..�Fm'+. d��'°°��r"���".� ..,�.. .��r s�+ r ��( y ,ti
�.t � .�af ..A�i.V�:�.tT-n`M� .+u..MA ,�i
Looking east along SW Shady Lane from the proposed Rainbow Park and Playground driveway.
Taken from 15 feet back and 3.5 feet above driveway - sight distance measured about 115 feet.
Note hedge and on-street parking.
Photos Taken by CTS Engineers
STUDY AREA SIGHT DISTANCE VIEWS
PROPOSED RAINBOW PARK ACCESS TO SW SHADY LANE
Tigard, Oregon
;-�.,.r�� ,; � � ,
� X
1,�1-�v+ ��.�N �� ',
�tt f� � , � . , ''-' Hedgerow
', %� � ;f.; Obstruction
; � ' On-Street Parking
,,- t
' , Obstructions
� 'y*� .ir '
,��r' �r;' �_� ' ' �
�, t-- _ i . ��
I""'.;•'�'� p I �' �� ,
� _"�—.
_ .�+.�. ' . _._.. .
���'�++M.. . - . i � j � �\.
i j. r.�' fA� ¢_ . ���'. g.�l-.�`y
� � 7
:4a�t�� _ aelf:�ri1;-
.._� i .�.—� _'- �.���
�... F�
M1 Y"1\.
+� . . . '�a..�
� +�t.
S.��t :.f .
� � . . . .. � f �.. �„% , .
�!1�i'Y� L: '� 1.-�_ .
�+ i.i'�= , , , ' , s _
-,yy,._��'.. ':�
Looking east along SW Shady Lane from the proposed Rainbow Park.
Flag is at the second driveway east of proposed Rainbow Park driveway.
, 1F',` � 1 '�:t/ / .
On-Street Parking �`r
,. Obstructions
, ..
. .. .��M'� � {. 7', ��� l�
'�. � � • r. ��� �
� �` IIIf 1/.! � /
/'
� �f � : f �• � .�
J
j�` �,.. 'j� .-' .;r `2.
�d h. � �
t`�, y
t��"�a .� f �'�.. � '
-r.�FY'
���� �.. '� 'i ".�.C.i� '� y
�il�� t .�•l� ..
- . � "r ,.,-i+'
. a �.
--�.,.��.R _;�';' if� „
� '`�_�� � �..
_:�.. �� �
. �.. ,
,;:ot.
x -�� :a-'F-
£, �' �
Y �� � „r„-t�xst�5�'^.�:5 , a i
9 e� � Y §� =, s - �w• ._'
��p '��'-' hY t,y 7`.�r..,,f��. ' ,.f"��� 3�?..^:,'5;�.�.'�. ., �-��:;,.
"�`�:+�v 1W. �.�}- � .. ... .. '�/Y 3x�w:� lS��_'y• ' �
� syr ...:M'. � � . ... . �.:�;.'�—�—�'S� -:.h+
�'.���u�a,^�L .,. ...�:'�5�? . /�='=�I � .� 'L ..a.�" *'�
ax�� � . _.__, . _ . � .��._
Looking east along SW Shady Lane from opposite the proposed Rainbow Park driveway.
Flag is at the second driveway east of proposed Rainbow Park driveway.
Photos Taken by CTS Engineers
- - - Exhibit `I'
�
- , :,- - a
,� _: ._ - - - � CITY aF TIGARD :- - _ - -
y ..!, :.. � . ' ..' ' . . . -
; .. .. . _ . .. . . . ,,� ,- .
� �� . .,�. .�..i. �.. �... . �' .. -.
� ? ' �',
.
. _
� : . PRE-APPLICATION CONFERENCE N.4TES
������.o� . :
_ �omrnunity CDevelopmettt
� - SFiapmg�BetterCommuttity,
� ; �-�(Pre-Apphcation Meet�ng yNotes are Yalid for Six'(6� Months) �-
�FP.nAG D� �' G S
�f�� � /��
NON-RESIDENTIAL
APPLICANT: =� � � l_ AGENT:
Phone: (-i L`� �I yt � C��7 � Phone: ( )
PROPERTY LOCATION:
pDDRESS/GENERAI IOfATION: j���-� S�� �������f�`c-
TAJ( MAP(S�/tOT #(S}: r �S— �3 � �-� �:.�_
NECESSARY APPLICATIONS: '�--�o�7��,�<�� �'
PROPOSAL DESCRIPTION: i�s �_�' ° � - ,C� -�rr� i���nc��,�� y� ; � �;,���-
� E�S �� t �- �2 _ � r'.r-�.�t�
r �c�'d�'� r � ' /
COMPREH�NSIVE PLAN `': ���°��-Yz
MAP DESIGNATION: _ �r'�'�tf����'�1lfl���:: � i'�s� ��`
�c
ZONING MAP DESIGNATION: ,�JG'`�
tONIN6 DISTRICT DIMENSIONAL REQUIREMENTS (Referto Cade Sectlon 18. s�a � ���1�� ���s�ywS�� �8• ��j
MINIMUM LOT SIZE: � sq. ft. Average Min. lot width: --� ft. Max. building height: z�'� ft.
Setbacka: Front '�' ft. Side $— ft. Rear �—ft. Comer zr'ft. from street.
MAXIMUM SITE COVERAGE:�L% Minimum landscaped or natural vegetation area:�_%.
(� NEI6HBORNOOD MEETIN6 [Refer to the NeighUordood Meeting HandauU
THE APPLICANT SHALL NOTIFY i4LL PROPERTY OWNERS WITHIN 500 FEET, INTERESTED
PARTIES, AND THE CITY OF TIGARD PLANNING DIVISION of their proposal. A minimum of two
(2) weeks between the mailing date and the meeting date is required. Please review the Land Use
Notification handout concerning site posting and the meeting notice. Meeting is to be held prior to
submitting your a�plication or the aRplication 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-Residential ApplicationlPlanning Division Section
� �' NARRATIVE [Refer to Code Chapter 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 S'fUDY [Refer to Code Sections 18.390.040 and 18.390.0501
As a part of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to INCLUDE
IMPACT STUDY with their submittal package. The impact study shall quantify the effect of the
development on public facilities and services. The study shall address, at a minimum, the
transportation system, including bikeways, the drainage system, the parks system, the water system,
the sewer system and the noise impacts of the deve(opment. 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 specifically concur with the dedication requirement, or
provide evidence which supports the conclusion that the real property dedication requirement is not
roughly propo�tional to the projected impacts of the development.
�.. ACCESS [Refer to Chapters 18.105 and 18.7651
Minimum number of accesses: Minimum access width:
Minimum pavement width:
� All driveways and parlcing areas, except for some fleet storage parking areas, must be paved.
Drive-in use queuing areas:
� WALKWAY REQUIREMENTS [Refer to Code Secbon 18.705.0301
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
c�mplexES. U�less impractical, wal4cways should be canstructed b�tween a n�WV deveiopment and
neighboring developments.
❑ SPECIAL SETBACKS [Refer to Code Chapter 18.7301
➢ STREETS: feet from the centerline of
➢ LOWER INTENSITY ZONES: feet, along the site's boundary.
➢ FLAG LOT: 10-FOOT SIDE YARD SETBACK.
❑ SPECIAL BUILDIN6 HEI6HT PROYISIONS [Refer to Code Secdon 18.730.010.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;
➢ AI! actual building setbacks will be at least half('/z) of the building's height; and
➢ The structure will not abut a residential zoned district.
[�t] BUFFERIN6 AND SCREENIN6 [Refer to Code Chapter 18.7451
In order TO INCREASE PRIVACY AND TO EITHER REDUCE OR ELIMINATE ADVERSE NOISE
OR VISUAL IMPACTS between adjacent developments, especially between different land uses, the
City requires landscaped buffer areas along certain site perimeters. Required buffer areas are
described by the Code in terms of width. Buffer areas must be occupied by a mixture of deciduous
and evergreen trees and shrubs and must also achieve a balance between vertical and horizontal
plantings. Site obscuring screens or fences may also be required; these are often advisable even if
not required by the Code. The required buffer areas may onlv 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-Resdential ApplicatioNPlanning Division Section
� The ESTIMATED REQUIRED BUFFER WIDTHS applicable to vour proposal 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:
[� LAHDSCAPIN6 [Refer to Code Chapters 18.745,18.165 and 18.7051
STREET TREES ARE REQUIRED FOR ALL DEVELOPMENTS FR�NTING 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.
� RECYCLIN6 [Refer to Code Chapter 18.1551
Applicant should CONTACT FRANCHISE HAULER FOR REVIEW AND APPROVAL OF SITE
SERVICING COMPATIBILITY. Locating a trashlrecycling 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.
[� PARKIN6 [Refer to Code Section 18.765.0401
REQUIRED parking for this type of use:
Parking SHOWN on prefiminary plan(s):
SECONDARY USE REQUIRED parking:
Parking SHOWN on preliminary plan(s):
NO MORE THAN 50% OF REQUIRED SPACES MAY BE DESIGNATED AND/OR DIMENSIONED
� AS COMPACT SPACES.
PARKING STALLS shall be dimensioned as follows:
➢ Standard parking space dimensions: 8 feet, 6 inches x 18 feet, 6 inches.
➢ Compact parking space dimensions: 7 feet, 6 inches x 16 feet, 6 inches.
Note: Parking space width includes the width of a stripe that
separates the parking space from an adjoining space.
Note: A maximum of three(3)feet of the vehicle overhang area in front of a wheel stop or curb can
be included as part of required parking space depth. This area cannot be included as
landscaping for meeting the minimum percentage requirements.
HANDICAPPED PARKING:
➢ All parking areas shall PROVIDE APPROPRIATELY LOCATED AND DIMENSIONED
DISABLED PERSON PARKING spaces. The minimum nurnber of disabled person parking
spaces to be provided, as well as the parking stall dimensions, are mandated by the Americans
with Disabilities Act(ADA). A handout is available upon request. A handicapped parking space
symbol shall be painted on the parking space surface and an appropriate sign shall be posted.
➢ BICYCLE RACKS ARE REQUIRED FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL
DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and
in convenient locations.
� LOA�ING AREA REQUIREMENTS [Refer to Code Section 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 ApplicatioNPlannirg Division Section
- �� BICY�CLE RACKS [Refer to Code��ction 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.
❑ SENSITIVE LANDS [Refer to Code Chapter 18.7751
The Code provides REGULATIONS FOR LANDS WHICH ARE POTENTIALLY UNSUITABLE FOR
DEVELOPMENT DUE TO AREAS WITHIN THE 100-YEAR FLOODPLAIN, NATURAL
DRAINAGEWAYS, WETLAND AREAS, ON SLOPES IN EXCESS OF 25 PERCENT, OR ON
UNSTABLE GROUND. Staff will attempt to preliminary identify sensitive lands areas at the pre-
application conference based on available information. HOWEVER, the responsibility to precisely
identify sensitive land areas, and their boundaries, is the responsibilitv of the applicant Areas
meetinA the definitions of sensitive lands must be clearly indicated on plans submitted with the
development application.
Chapter 18.775 also provides regulations for the use, protection, or modification of sensitive lands
areas. RESIDENTIAL DEVELOPMENT IS PROHIBITED WITHIN FLOODPLAINS.
❑ STEEP SLOPES [Refer to Code Section 18.T15.080.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.
� CLFANWATER SERVICES[CWSI BUf�ER STANDARDS [Refer ta R a 0 96-44/USA Regulations-Chapter 31
LAND DEVELOPMENT ADJACENT TO SENSITIVE AREAS shall preserve and maintain or create a
vegetated corridor for a buffer wide enough to protect the water quality functioning of the sensitive
area.
Design Criteria:
The VEGETATED CORRIDOR WIDTH is dependent on the sensitive area. The following table
identifies the required widths:
TA3LE 3.1 VEGETATED CORt�i�OR WiDTHS
SOURCE: CWS DESIGN AND CONSTRUCTION STANDARDS MANUAURESOLUTION&ORDER 96-44
� : e � ,. �� , . -
- ..,. . _: . : . . _ . .
'`. ` � -` - SLOPE ADJACENT ` WIDTH OF VEGETATED
' SENSITIVEAREADEfINITION - a s
� ����-Ta SENSITIVE:AREA ��;�-�CORRIDOR PER SIDE
♦ Streams with intermittent flow draining: �25%
� 10 to <50 acres 15 feet
� >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 SO-200 feet. Measure
♦ Rivers, streams, and springs with year-round flow in 25-foot increments from the starting
• Streams with intermittent flow draining >100 acres point to the top of ravine (break in
• Natural lakes and ponds <25%slope), add 35 feet past the top
of ravine6
Starting point for measurement = edge of the defined channel (bankful flow) for streams/rivers, delineated wetland boundary, delineated spring
boundary, and/or average high water for lakes or ponds, whichever offers greatest resource protection. InteRnittent springs,located a minimum of 15
feet within the riverlstream or wetland vegetated corridor,shall not serve as a starting point for measurement.
SVegetated corridor averaging or reduction is allowed only when the vegetated corridor is certified to be in a marginal or degraded condition.
6The vegetated corridor extends 35 feet from the top of the ravine and sets the outer boundary of the vegetated corridor. The 35 feet may be reduced to
15 feet,if a stamped geotechnical report confirms slope stability shall be maintained with the reduced setback from the top of ravine.
CIN OF TIGARD Pre-Applica�on Conference Notes Pa e 4 of 8
NON-Residential ApplicatbnlPlanning Division Section 9
• ' R�strictions in the Veqetal� �orridor;
NO structures, development, construction activities, gardens, lawns, application of chemicals,
dumping of any materials of any kind, or other activities shall be permitted which otherwise detract
from the water quality protection provided by the vegetated corridor, excepf as provided for in the
CWS Design and Construction Standards.
Location of Vegetated Corridor:
IN ANY RESIDENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCELS or lots intended
for separate ownership, such as a subdivision, the vegetated corridor shall be contained in a
separate tract, and shall not be a part of any parcel to be used for the construction of a dwelling unit.
"="'� CWS Service Provider Letter:
PRIOR TO SUBMITTAL of any land use applications, the applicant must obtain a CWS Service
Provider Letter which will o�tline the conditions necessary to comply with the R&O 96-44 sensitive
area requirements. If there are no sensitive areas, CWS must still issue a letter stating a CWS
Senrice Provider Letter is not required.
� S16NS [Referto Code Chapter18.7801
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 a�ea 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 REMOYQL PLAN REQUIREMENTS [Refer to Code Section 18.790.030.CJ
A TREE PLAN FOR THE PLANTING, REMOVAL AND PROTECTION OF TREES prepared by a
certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a
development application for a subdivision, partition, site development review, planned development,
or conditional use is filed. Protection is preferred over removal where possible.
THE TREE PLAN SHALL INCLUDE the following:
➢ Identification of the location, size and species of all existing trees including trees designated
as significant by the City;
➢ Identi icaiion oi a program to save existing trees or mitigate tree removai over 12 inches in
caliper. Mitigation must follow the replacement guidelines of Section 18.790.060.D according
to the following standards and shall be exclusive of trees required by other development code
provisions for landscaping, streets and parking lots:
� Retainage of less than 25% of existing trees over 12 inches in caliper requires a mitigation
program according to Section 18.150.070.D. of no net loss of trees;
� Retainage of from 25 to 50% of existing trees over 12 inches in caliper requires that two-
thirds of the trees to be removed be mitigated according to Section 18.790.060.D.;
� Retainage of from 50 to 75% of existing trees over 12 inches in caliper requires that 50%
of the trees to be removed be mitigated according to Section 18.790.060.D.;
� Retainage of 75% or greater of existing trees over 12 inches in caliper requires no
mitigation;
➢ Identification of all trees which are proposed to be removed; and
➢ A protection program defining standards and methods that will be used by the applicant to
protect trees during and after construction.
TREES REMOVED WITHIN THE PERIDD �F ONE (1) YEAR PRIOR TO A DEVELOPMENT
APPLICATION LISTED ABOVE wiil be inventoried as part of the tree plan above and will be
replaced according to Section 18.790.060.D.
Q MITIGATION [Reter to Code S�ction 18.790.060.E1
� 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-ResidentialApplicatioNPlanning Division Section
' ➢` If a replacement tree of the size cut is not reasonabiy avai�able on the local market or would
not be viable, the Director shall require replacement with more than one tree in accordance
with the following formula:
� The number of replacement trees required shall be determined by dividing the estimated
caliper size of the tree removed or damaged, by the caliper size of the largest reasonably
available replacement trees. If this number of trees cannot be viably located on the
subject property, the Director may require one (1)or more replacement trees to be planted
on other property within the city, either public property or, with the consent of the owner,
private property.
➢ The planting of a replacement tree shall take place in a manner reasonably calculated to
allow growth to maturity.
IN-LIEU OF TREE REPLACEMENT under Subsection D of this section, a party may, with the
consent of the Director, elect to compensate the City for its costs in performing such tree
replacement.
� CLEAR VISION ARFA [Refer to Code Ghapter 18.7951 �
The Cit requires that CLEAR VISION AREAS BE MAINTAINED BETWEEN THREE (3) AND
EIGHT �8) FEET IN HEIGHT at roadldriveway, road/railroad, and road/road intersections. The size
of the required clear vision area depends upon the abutting streeYs functional classification and any
existing obstructions within the clear vision area.
❑ ADDITIONAL LOT DIMENSIONAL REQUIREMENTS [Refer to Code Section 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.
CODECHAPTERS
�C 18.330�co�a�i u�� 'I H.6ZO(Tgard Triangle Design Standards} �8.765(ott-street Par�cin�oadin9 Requirements)
_ �8.340(Directo�s Interpretation) _�$,63O{Wasliugton Square Regional Center) _ �$.775(Sensitive�ands Rev'�anr)
- 18.350(P�anr�ed oevebpment) ��$.705(AccesslEgresslCirculation) �8.780�sg��
_ 18.360(s�e�eve�opmem Rehew) 18.710(Accessory Residentia�uni�s) _ 18.785(Temporary us�Permits)
_ �H.37O(Varianoes/Adjustrrier�) 18.715(oensiry c,ompurations) �18.790(Tree Rerr�o�aq
_ 18.380{zonag Map�ext Amendments) 18.720(�esgn�ompa�i��ty standards) ��18.795(v�sua�c�earance Areas)
_ 18.385��r,ea,s Pem,�� 18.725(Ernironmer�Pertom�ance standards) 18.798(wire�ess�ommunication Faa�iees)
�/°f 8.390(Decsion Maldng Prooeduresllmpact Study) �$.730(Exceptions To Devebpment Standards) �$,$�Q(Street&Ut7'dy Improvement Standards)
_ 18.410�ot ur�nd�m,�,�y 18.740�H�tor�a�y�
_ 18.420(�and Partitionsy 18.742(Home occupation Permi�}
_ 18.430 ts��a�o�� 1�'18.745(�andsca�in9�saeenin9 staneards)
_ �8.5�O(Residential 7_oning Districts) �S.75O(Manufach�redlMobil Home Regulations)
_Yr8.52O(Commeroial Zoning Districts) ✓�$.755(Maed 5olid WastelRecycling Storage)
_ �8.�J3�(Industrial Zoning DistricLs) 18.760(Nonconiorming Situations)
CITY OF TIGARD Pre-Application Conference Notes Page 6 of 8
NON-Residenti�ApplicationlPlanning Division Secfion
' AD�ITION�iI CONCERltS OR COMMEN�a:
JaG �,� ��'�
,- - �
��--�`%il cyir . �. . 7`i�,�'� ,1s ��d /�a� J1�iLv1� —
�� ;�j f%n e._ ; �� if �?Y-�2i_ �L�._:
r i'�Ji1��L::;;rL�`C� —G��'2{.�'y,�r.� ��✓�G�C� {? C��d--�i�,FC�'�-C:U� � � �--
� �, .�uL-af —C:e' ,� C•-v,�'
PROCEDURE
Administrative Staff Review.
� Public hearing before the Land Use Hearings Officer.
Public hearing before the Planning Commission.
Public hearing before the Planning Commission with the Commission making a
recommendation on the proposal to the City Council. An additional public hearing shall be
held by the City CounciL
APPLICATION SUBMITTAL PROCESS
All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the
Community Development Department at Tigard City Hall offices. PLEASE NOTE: Applications
submitted bv mail or drapped off at the counter without Planninq Division acceptance mav be
returned. The 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"
map o a propose prolect shall e submitted or attachment to t e sta report or
administrative decision. Applications with unfolded maps shall not be accepted
The Planning Division and Engineering Department will perform a preliminary review of the
application and will determine whether an application is complete within 30 days of the counter
submittal. Staff will notify the applicant if additional information or additional copies of the submitted
materials are required.
CITY OF TIGARD Pre-Application Conference Notes Page 7 of 8
NON-Residential ApplicationlPlanning Division Section
' ' Tlie administrative decision or public hearing will typically occur approximately 45 to 60 days after an
application is accepted as being complete by the I�lanning 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 C�']�� ,;;���-�,,.� ( . A basic flow chart
which illustrates the review process is vailable from the Planning Division upon request.
Land use applications requiring a public hearing must have notice posted on-site by the
applicant no less than 10 days prior to the public hearing.
This PRE-APPLICATION CONFERENCE AND THE NOTES OF THE CONFERENCE ARE
INTENDED TO INFORM the prospective applicant of the primary Community Development Code
requirements applicable to the potential development of a particular site and to allow the City staff
and prospective applicant to discuss the opportunities and constraints affecting development of the
site.
BUILDING PERMITS
PLANS FOR BUILDING AND OTHER RELATED PERMITS WILL NOT BE ACCEPTED FOR
REVIEW UNTIL A LAND USE APPROVAL HAS BEEN ISSUED. Final inspection approvals by
the Building Division will not be granted until there is compliance with all conditions of
development approval. These pre-application notes do not include comments from the
Building Division. For proposed buildings or modifications to existing buildings, it is
recommended to contact a Building Division Plans Examiner to deterrnine if there are
building code issues that would prevent the structure from being constructed, as proposed.
Additionally, with regard to Subdivisions and Minor Land Partitions where any structure to be
demolished has system development charge (SDC) credits and the underlying parcel for that
structure will be eliminated when the new plat is recorded, the City's policy is to applv those svstem
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
Gltp planning that sho!�ld ap p!y to the development of your site plan. Fa�!;sr� of thQ staff to p,ovide
information required by the Code shall not cons�itute a waiver of the applicable standards or requirements.
It is recommended that a prospective applicant either obtain and read the Community Development Code or
ask an uestions of City staff relative to Code requirements rior to submitting an application.
AN ADDITIONAL PRE-APPLICATION FEE AND CONFERENCE WILL BE REQUIRED IF AN
APPLICATION PERTAINING TO THIS PRE-APPLICATION CONFE�2ENCE IS SUBMITTED AFTER A
PERIOD OF MORE THAN SIX (6) MONTHS FOLLOWING THIS CONFERENCE (unless deemed as
unnecessary by the Planning Division).
�;�
PREPARED Blf: �'/� �� � % ,- �
[ITY OF TIGAR P NN DIYISION - STAFF PERSON HOLDING PRE-APP. MEETING
PHONE: 503-639-4111 FAX: 503-684-1297
EMAIL• (scafl's frst na�u�ci.tigard.or.us
TITLE 18(fITY OF TIGARD'S fOMMUNITY DEYELOPMENT f00E)INTERNETADDRESS: WWW.CI.tigard.01'.OS
H:IpattylmasterslPre-App Notes Commercial.doc Updated: 15-Dec-D4 .
(Engineering section:preapp.eng)
CITY OF TIGARD Pre-Application Conference Notes , Page 8 of 8
NON-Residen6al ApplicationlPlanning Division Sec6on
�I.
�� PRE-APPLICATION CONFERENCE NOTES
�,
�� ➢ ENGINEERING SECTION Q �om"°ttnty�°��°"nr
�� ShapingA BetterCommunity
.�UBLIC FACILITIES Tax Map[sl: 1S135BD
Tex Lot[Sl: 200
Use iyme: Commercial
The extent of necessary public improvements and dedications which shall be required of the applicant
will be recommended by City staff and subject to approval by the appropriate authority. There will be
no final recommendation to the decision making authority on behalf of the City staff until all concerned
commenting agencies, City staff and the public have had an opportunity to review and comment on
the application. The following comments are a projection of public improvement related requirements
that may be required as a condition of development approval for your proposed project.
Riqht-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 Greenburq Road to 52 feet from centerline (4/5 lane Arterial)
� SW Shadv Lane to 27 feet from centerline (Neighborhood Route/no bike lanes)
❑ SW to feet
❑ SW to feet
Street improvements:
� Half street improvements will be necessary along SW Shady Lane, to include:
� 16 feet of pavement from centerline
� concrete curb
� storm sewers and other underground utilities
� 5-foot concrete sidewalk with 5-foot planter strip
� street trees sized and spaced per TDC 8�Washington Square standards
� street signs, traffic control devices, streetlights and a two-year streetlight fee.
❑ Other:
.:ITY OF TI6AR� Pre-Applicatlon Conference Notes Page 1 of 6
�n9faeeHe9 Dap�rtmeMSecUoa �^�
�T
� ❑ 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 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 finro-year streetlight fee.
CITY OF T16AR0 Pre-Applicatlon Conference Notes Page 2 of 6
'ngfnserfog Ueptrhnen[SecUo�
❑ 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 Utilitv Lines:
❑ Section 18.810.120 of the Tigard Municipal Code (TMC) requires all overhead utility lines
adjacent to a development to be placed underground or, at the election of the developer, a
fee in-lieu of undergrounding can be paid. This requirement is valid even if the utility lines
are on the opposite side of the street from the site. If the fee in-lieu is proposed, it is equal to
$ 35.00 per lineal foot of street frontage that contains the overhead lines.
There are existing overhead utility lines which run adjacent to this site along SW
Prior to , the applicant shall either place these utilities underground, or pay the fee in-
lieu described above.
Sanitary Sewers:
The nearest sanitary sewer line to this property is a(n) 8 inch line which is located in Greenburq Road.
The proposed development must be connected to a public sanitary sewer. It is the developer's
responsibility to connect to the public sewer. The car wash area must meet plumbinq standards and
may require an Oil/water separator prior to discharginq to the sewer.
Water Supply:
The Tualatin Valley Water District (Phone:(503) 642-1511) provides public water service in the area
of this site. This service provider should be contacted for information regarding water supply for your
proposed development.
Fire Protection:
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:
..ITY OF TI6ARO Pro-App�catlon Conference Not�a Page 3 of 6
�l�neeNag Oepfltmt�t Ssetls�
All proposed development w� the City shail be designed such t' storm water runoff is conveyed
� to an approved public drainay.. system. The applicant will be reG._ .ad to submit a proposed storm
drainage plan for the site, and may be required to prepare a sub-basin drainage analysis to ensure
that the proposed system will accommodate runofF from upstream properties when fully developed.
Detention is required if the net, new impervious surface area exceeds 5000 square feet.
Storm Water Quality:
The City has agreed to enforce Surface Water Management (SWM) regulations established by the
Unified Sewerage Agency (USA) (Resolution and Order No. 00-7) which requires the construction of
on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus
contained in 100 percent of the storm water runoff generated from newly created impervious surfaces.
The resolution contains a provision that would allow an applicant to pay a fee in-lieu of constructing
an on-site facility provided specific criteria are met. The City will use discretion in determining whether
or not the fee in-lieu will be offered. If the fee is allowed, it will be based upon the amount of new
impervious surfaces created; for every 2,640 square feet, or portion thereof, the fee shall be $210.
Preliminary sizing calculations for any proposed water quality facility shall be submitted with the
development application. It is anticipated that this project will require:
� Construction of an on-site water quality facility.
❑ Payment of the fee in-lieu.
Wafer quality is required if r+����t�s��fiae � �!lbFQ Sn��arP fPPt
-�o r a �� i��..�e.r��a�t S �u� ��e a►�� � �C,�sfi n.g � n�c.c�,
other Comments: ��.r C �IlfS 3 — 05
All proposed sanitary sewer and storm drainage systems shall be designed such that City
maintenance vehicles will have unobstructed access to critical manholes in the systems. Maintenance
access roadways may be required if existing or proposed facilities are not otherwise readily
accessible.
1) Botfi driveways are within 150 feet of the Greenburg Road ROW. This does not meet the access
standards of 18.705.030.H.2. No driveway shal!be allowed within the influence area of an Arterial.
2) An access management report will be required (18.705.030.H.1) providing the sight distance
certification for any driveway.
3) Washington Square standards apply.
.RQFFIC 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
.,ITY OF TIGARD Pre-Applicatlon Conference Notes Page 4 of 6
�gfoeering Oe/artmeat Seetloo
� permit. Deferral of the pay it until occupancy is permissible � when the TIF is greater than
• $5,000.00.
Pay the T1F.
°ERMITS
Public Facilitv Improvement f 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 pa�t of the administration of the eventual PFI permit.
The Permittee will also be required to post a performance bond, or other such suitable security.
Where professional engineered plans are required, the Permittee must execute a Developer/Engineer
Agreement, which will obligate the design engineer to perform the primary inspection of the public
improvement construction work. The PFI permit fee structure is as follows:
NOTE: If an 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 Developrnent 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
.:ITY OF TIGARD Pre-Applicadon Confe�ence No[es Page 5 of 6
�gieserlag 9epartsis�[Seetlea
permit can not be i� �d in a subdivision until the pubf� �mprovements are substantially
. complete and a mylar ,�y of the recorded plat has been rE .�ed by the applicant to the City.
For a land partition, the applicant must obtain an Engineering Permit, if required, and return a
mylar copy of the recorded plat to the City prior to issuance of this permit.
Other Permits. There are other special permits, such as mechanical, electrical and plumbing
that may also be required. Contact the Development Services Counter for more information.
aRADING 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: I � 8- 0
ENGINEERING EPARTMENT STAFF DATE
Phone: [5031639-4171
Fax: [5031624-0752 �- 5 �b S
xument2
"2evised: September 2,2003
,ITY OF TIGARD Pre-Applicatlon Co�erence Notes Page 6 of 6
`a9faeetln9l eper[meat Seetlan
���ibit '.�°
�
NEIGHBORHOOD MEETING NOTICE L D C
Land use application for property located at Design Group
��.:,�,,«,,,�„�,,,
9785 SW Shady Lane
Rainbow Park and Playground Company, the prospective lessee of the
property at 9785 SW Shady Lane, intends to apply for a Conditional Use
Permit (CUP) to use a portion of the site for Outdoor Entertainment. Prior to
applying to the City of Tigard for this CUP, they would like to discuss the
proposal with the surrounding property owners and residents, and any other
interested citizens. You are invited to attend an informational meeting on:
Thursday, September 29, 2005 at 7:00 P.M.
Water Building Conference Room
Tigard City Hall
13125 SW Hall Blvd., Tigard, Oregon 97224 ,
Explanation
The property is identified as Tax Lot 1S135BD00200, which is shown on the
attached location map. Rainbow Park and Playground Company intends to
use the existing building for retail sales, and use a portion of the 0.44-acre
site for outdoor children's parties and special events. These events will
feature the use of the Rainbow play systems set up on the site. The reason
for the proposed application is that this type of outdoor entertainment usE is
only allowed as a conditional use in the Mixed Use Commercial (MUC) zone.
Before submitting the CUP application to the City of Tigard, the applicants are
required by the City to hold a neighborhood meeting in order to explain the
proposal to interested citizens and solicit their comments. A preliminary site
design is enclosed. (Please note that this will be an informational meeting on
preliminary plans. These plans may be altered prior to the submittal of the
application to the City.) If you have any questions, please come to the
informational meeting, or contact me at the phone number, mailing address,
e-mail address, or fax number listed below.
20085 NW TANASBOURNE DR
CONTACT: Ed Murphy, Comprehensive Planning Manager HILLSBORO oR 9��z4
LDC Design Group PH 503. 858. 4242
ADDRESS: 20085 NW Tanasbourne Drive Fx sos. a4s. ssoo
Hillsbol'o, Oregon 97124 WWW.LDCDESIGN.COM
PHONE NUMBER: 503.858.4242 CORPORATE OFFSCE
FAX NUMBER: 503.645.5500 H���seoRO, OREGON
E-MAIL: murphyeCa�ldcdesign.com TILLAMOOK, OREGON
VANCOUVER, WASHINGTON
BELLEVUE, WASHINGTON
COEUR D'ALENE, IDAHO
ROCKLIN, CALIFORNIA
CLERMONT, FLGRIDA
� a . • - .
D � GEOGRAPHIC INFORMATION SYSTEM
`'
y AREA NO'�Flm
° (500')
�"_�°�°' FOR: Ed Murphy
_ RE: I S I 35BD, 200
� -----------
� uuseoena
\
uus�wm� ui�sn�ox
\\
Property owner information
is valid for 3 months from
the date printed on this map.
151731C�/71! %'-� -.
/
/
— �xiias�coueo _r uus�enai
auaeo�an
� ��-
u s�c�a ^ ? �
— — -- _ —
°„°"'°" SHADY LN
AE - - -- - -t
- �"
- - -- -
�- �-��,��.�,t,�
�� 1517N���1N
SNU��
\ 13175�qIH� / —
ISti9lC/N00 � /� 15175��0�10� � ..
� 13175\�YtM� /
J�- / . _ _ _
�� ------ -- -- N
��� �„s.��,�� —
�^ 0 100 200 300 400 Feet
`l /3I75�Ot/N�
1"=267 feet
____ �
O�O
0 0 0 °o°o°o 0
000� o000
0000 000o CityofT'igard
0 0 0 0 0 0 0 0
°°°° O � Intormation on this map is for general bcation only and
o ,I should be verifed with the Development Services Division.
Q 13125 SW Hall Blvd
Tigard,OR 97223
(503)639-4171
http://www.ci.tigard.or.us
Community Development Plot date:Aug 17,2005;C:\magicWIAGIC03.APR
1S135BD-01400 1S135BD-0080D
BAGAN JOHN P JR PEARSON DENNIS
10910 SW GREENBURG RD 15840 SE TONG RD
TIGARD, OR 97223 CLACKAMAS, OR 97015
1S1358C-00202 1S135BC-00100
BELANICH ROGER M PHILLIPS PETROLEUM COMPANY
22020 17TH AVE SE#200 BY CONOCOPHILLIPS
BOTHELL,WA 98021 ATTN: MARKETING
PO BOX 1539
PASO ROBLES,CA 93447
1S1358C-00201 1S135BD-00100
BELANICH ROGER M PLAZA WEST LLC
BY SOUTHLAND CORP BY NORRIS BEGGS&SIMPSON
PO BOX 711 121 SW MORRISON ST STE 200
DALLAS,TX 75221 PORTLAND, OR 97204
1S1358D-01200 1S135BD-01300
BURDICK-FORBES INVESTMENTS LLC SCHAEFER ROBERT M&SALLY J&
BY DONALD C BURDICK MILLER GERALD V
434 RIDGEWAY RD BY SHILO INN-WASHINGTON SQUARE
LAKE OSWEGO,OR 97034 11600 SW SHILO LN
PORTLAND,OR 97225
1S135BD-00900 1S135BD-01100
DORR GEORGE/ANNA MARIE TRUSTEES SHADY LANE COMMERCIAL BUILDING
DORR JOHN D& LIMITED PARTNERSHIP
DORR PATRICK M 7720 SW WESTGATE
9925 SW 77TH PORTLAND, OR 97225
PORTLAND,OR 97223
1S135BD-00700 1S135BD-00300
HARING JACK SHADY LANE PROPERTIES LLC
PO BOX 65387 ATTN: BENJAMIN SCHWARTZ MD
VANCOUVER,WA 98665 9735 SW SHADY LANE#100
TIGARD, OR 97223
1 S 135 B D-00200 135 B D-0100
HUGGINS DONALD L&MARLENE R TI D Y OF
PO BOX 1503 131 HALL BLVD
POLSON, MT 59860 T ARD, OR 7223
1S135BB-00800 1S1358C-00300
LANPHERE PROPERTIES V LLC UNITED STATES BAKERY
12505 SW BROADWAY PO BOX 14769
BEAVERTON, OR 97005 PORTLAND, OR 97214
1513568-00700 1S135BA-03300
L PHE PROPERTIES V LLC UNIVERSUS
1250 W BROADWAY BY STEVE ECOFF
� AVER N,OR 97005 442 GLENWOOD DR
OXNARD,CA 93030
1S1358C-00900 iS1356G00200
PAULSON LIMITED LIABILITY CO VERIZON NORTHWEST INC
BY RICHARD G PAULSON SR PO BOX 152206
1511 NE 150TH AVE IRVING,TX 75015
PORTLAND, OR 97230
Nathan and Ann Murdock Gretchen Buehner
PO Box 231265 . 13249 SW 136th Place
Tigard, OR 97281 Tigard, OR 97224
Sue Rorman Mildren Design Group
11250 SW 82�d Avenue Attn: Gene Mildren
Tigard, OR 97223 7650 SW Beveland Street, Suite 120
Tigard, OR 97223
Naomi Gallucci
11285 SW 78th Avenue
Tigard, OR 97223
Michael Trigoboff
7072 SW Barbara Lane
Tigard, OR 97223
Brad Spring
7555 SW Spruce Street
Tigard, OR 97223
Alexander Craghead
12205 SW Hall Boulevard
Tigard, OR 97223-6210
David Chapman
9840 SW Landau Place �
Tigard, OR 97223
John Frewing
7110 SW Lola Lane
Tigard, OR 97223
CPO 4B
16200 SW Pacific Highway, Suite H242
Tigard, OR 97224
CPO 4M
Pat Whiting
8122 SW Spruce
Tigard, OR 97223
CITY OF TIGARD - EAST INTERESTED PARTIES �i:\curpin\setup\IabeIslCIT East.doc) UPDATED: .2-Jun-05
SIGN-IN SHEET
Rainbow Park and Playground
Conditional Use Permit
Neighborhood Meeting
September 29, 2005
NAME ADDRESS PHONE
�
� � /�'►'�
� ,p _
' e1..�,..., `71.2 D CtJ v o3 5�y—/G 8'2.
�78'D/�W.G�� �w �aQ3J R�� -r6�'Z.
C�,�c, �SI �u �c�
�'�'?5 s�J 1�lu�do��t � w�d� sQ3 �62�(- �l6 2�'
NEIGHBORHOOD MEETING MINUTES
Conditiona/ Use Permit for property /ocated at
9785 SW Shady Lane
Rainbow Park and Playground Company, the prospective lessee of the
property at 9785 SW Shady Lane, hosted a neighborhood meeting on
September 29, 2005 to discuss its' application for a Conditional Use Permit
(CUP) to use a portion of the site for Outdoor Entertainment. The invitation
to the meeting went out to 30 nearby property owners and other interested
citizens.
Rainbow Park and Playground Company were represented by the owner, Stan
Nored, and by Ed Murphy, planning consultant with LDC Design Group.
Attending the meeting were Dr. Benjamin Schwartz, representing Shady Lane
Properties, owners of the family clinic and emergency center, and Gloria
Lewis, owner of the office building across Shady Lane from the subject site.
Ms. Lewis was accompanied by a friend, Dale Ostlund. (See attached sign-in
sheet).
Mr. Nored and Mr. Murphy described the proposed use of the property,
particularly the outdoor play area, and reviewed the preliminary site
development plan. They shared the play structure catalogues with the
attendees, and explained the nature and history of the business. They also
explained the reason for the Conditional Use Permit application, and the
review process. There were general questions about the site improvements,
including the height of the play structures, the ground cover under them,
fencing, landscaping, and off-street parking. The was discussion about on-
� street parking, and particularly the on-street parking along Shady Lane, south
of the subject site, currently used by the employees of and visitors to the
family clinic. There were also operational questions, such as hours of
operation, typical time of the day and week when events would be held, age
of children attending, and security and safety.
None of the people attending the meeting objected to the use of the site for
outdoor entertainment uses, or had any concerns about the site plan. They
thought the site would be more colorful and attractive, would '�clean up" the
street, and would have less impact that previous uses of the site. They said
they would not mind if additional lighting were added to the site, and were
not concerned about noise.
The meeting lasted about an hour, and was positive and productive.
Minutes created by Ed Murphy, 9/30/05
Exhibit `K'
,�,�,�,
„ �,
November 15, 2005 �'� O� �I��D
Ed Murphy
OREG�N
LDC Design Group
20085 NW Tanasbourne Drive
Hillsboro, OR 97223
RE: Completeness Review- Rainbow Park and Playground
Case File No. CUP2005-00002
Dear Mr. Murphy:
The City has received your application for Conditional Use Approval
(CUP2005-00002) to allow outdoor entertainment on the site of an existing
building located at 9785 SW Shady Lane. Staff has completed a preliminary
review of the submittal materials and has determined that the following additional
information is necessary before the application can be deemed complete:
1. Narrative. Your application included a narrative. However, the findings in your
narrative are incomplete and should be revised; two examples follow:
On page 3 you state that "the play area will be used for birthday parities and
special events. The facilities will be available for use for a fee, at prescribed
times." However, you will need to specifically quantify the outdoor
entertainment aspect that is the subject of the CUP proposal. The success of
the application will depend on how active the use of the outdoor facilities will
be such that the primary use can be reasonably defined as "outdoor
entertainment" and not "outdoor display", which is prohibited.
On paye 11 ;�ou state that the "Nro�osed use is not sGb;ect to the Si±e
Development Review Chapter of the code." However, the proposed
development does not have a valid conditional use approval, but is instead a
new conditional use, which is not exempt. You must provide findings for the
relevant code provisions of the Site Development Review Chapter.
As this conditional use application is a matter to be heard before the Hearings
Officer, it is important that there be sufficient evidence in the record for staff to
make positive findings. It is beyond our scope to assume facts.
2. Public Facility Items. Please provide the information required by our
development review engineer, as shown on the attached sheet.
13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD (503)684-2772
3. Number of application copies. After the application has been found complete,
please submit 10 FULL SETS of your revised application materials: plans,
written documents, forms etc, along with three large size sets of plans, 6
reduced size plan sets, and one 8 '/2 x 11 inch set for our records. The
resubmitted sets must include everything your initial application submittal
contained: background material, preapp notes, application form, everything
that you are relying on for your application package. Incomplete sets will not
suffice and will cause further delays in staff's review.
Should you have any questions with regard to these items, please contact me at
503-639-4171 ext 2434.
Sincerely,
�`�''� � �-�./
O �
Gary Pagenstecher
Associate Planner
c: CUP2005-00002 Land Use File
i:\curpin\gary\cup\cup2005-00002 rainbow park\cup2005-00002 incomplete.doc
F-z
k
.�-1!
. I
� r
� _ . . . __:_ .. . . . .. ...... . . . ... ... .. . I . . .. ,
PUBLIC FAClLITY PLA/V Project: Rainbow Park & Plavqround
COMPLETENESS CHECKLIST Date: 11/15/05
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. Show existin ROW dimensions
❑ Centerline of street s clearl shown.
❑ Street name s shown.
❑ Existin I ro osed curb or ed e of avement shown. Show curb to curb dimensions
❑ Street rofiies shown.
❑ Future Street Plan: Must show street profiles, topo
on ad�acent arcel s , etc.
❑ Traffic Impact and/or Access Report Address 18.705.030.H.2.
Address 18.705.030.H.1 by providing
relimina si hf disfance certification
❑ Street rades com liant?
❑ StreeUROW widths dimensioned and a ro riate? Show dimensions
❑ Private Streets? Less than 6 lots and width
a ro riate?
❑ Other:
SANITARY SEWER ISSUES
❑ Existing/proposed lines shown. Show existing and proposed, including
service laferal
❑ Stubs to ad�acent arcels re uired/shown?
WATER ISSUES
❑ Existin / ro osed lines w/ sizes noted? Show existin meter and size
❑ Existin / ro osed fire hvdrants shown? Show nearest h drant
❑ 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 these
❑ Preliminary sizing calcs for water quality/detention Must provide water quality treatment for all
provided? impervious surface area, existing and
ro osed.
❑ Water ualit /detention facilit shown on lans? Show water ualit facilit
❑ 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
REVISED: 11/15/05 1 l^ � 5'O �
V''�'
�
1� f �,�
__.--- - �� � � � :t� � .r�„
.
` _, fi
. � �
, . .., - ����.
— � � � r ��� s
_ �- � �!� ._� '
� � --_ --- _-� .. •F �
� �.■ � i � �� '.� -Q .� t.�ti
� � � —_ .'C�':�Q�@!lC t`iS ..�n� »v� •t,�h� '� �lt�}' �
� > >�
` .. .-.� ��Y� ■r. - - . � - ��.�' ,:
.>}� I 1 ��� ��■ � � ' - ��'+ ri_ '� ,�..." , ����
���,� .� . ._• �� ,�� ,fi �� --l4, rn`, — _. .v..
--- � i,:�! .■� --r----- --�T..�. _,� g�-+.;
�� ■
�� �.� ti�. . �:�:. . ;:t,� .
,.��
_ ��F •' _
�,.., � . r , _��� ..
:1� - _- -�15:::..�
. ' - ..P-.: .
—,.:�Y�� �"•v: -
. _-.-:�, .�
r"
,_, ,- . .
� � • '� ,,.,*N' �.�:5�-� :_:-r �'�`. .zi- -
,xW►:�; . L. . aa •x. -
t �
.��p N, 'i, '
4� �F '.T�t t�.; � ..
--_ \ �'44 `�,�,�: _ ..Y. — � � ! �,'`' � �V�
�* � � 1 �A re t,
, ,����+� �y i �°' �� -f"�`;E�� .. M -�� -- � - .
. . ����. e�.t�.se� .���jw �J '���-' -*, '
1 .T •lI�]� �� �7
•
�Y � � � ,
~ ' ' � ,�\ �..� ��1, ��4 �� .�� �
' ,�{L'�4-.� ..I�� �y �' ` . ,��i �',
.�I � i ' �� 4� �.. `.�i. t 3 �. _
' i} ..:1. , "� '` .p=; 'Y ,,�� ._..�_ --
�t$xt, _. -` , ����'. �z
Y. �f , �';�,��y,
— _ – - �i� t^_ .,. . ^-.N'+�lew.�`�—',� .� _ -
�^"^^�'N� ,. � .. �•d.'- � � � \,
k,� _\� �,
, ��
. ... � , . .. . . .. . , .� . . ' '. ..�.. .. . . . ..
m
. LDC �
E x h i b i t � October 2005 ', 0937 001 r-- r
Design Group
� . :��_ ��.,..-, ,;,;,,,,,, ;,� r.. .,. _..� . ..: , �,.•.�. . ,.: �,.:. . ..��:�.��� _r c -.. . ... ..... . . . - . .�, ., .. uro,an�wrroaro
nrctr[ec6 K7 ass�nvs ra IiaalrtY tor any use cl m�s d«oment
����` .7�`=��'�^�.... - .
_ _ .,._..� .,�.�.
`- -- _. ._ ��Dlr
`4� , . , _.... _ x.'
� �, � � * Y- . y► W �'Gp��,��,���`� -�q_�„'
; • �.
, . . ,
� .,._.�... s�n ' ..,� '�M -
- . �,,
_ s . ,_.�� ,r_-: - -
.. •
' -.Jr '!�' -:. �. s+t'' �, �� '� � :�:•� �
_ _ __ ._, ._
��
_ - � t a �'i�M4i��S iw,:� ="+i�l�
.. - ,
— . -
— — - x �°� ��� , � �� t� " ;�t �
- -:.�.,z- . � - � : .
- �;.
.
. ...
. ,
.-
. . �
.
..
a.,,�„a::.�. - ':. ... --•-. . ,�--_ __ . - .�_ __ r; - ` �
,. , ,
. ��� _
.
. I
.. . ,..__,_ r�$. �
,S�. :
. .
. � �
y .•..
��14 . -�' ' . . .. . . . _". ." . ' . .. �
. . . . . ' �.��� . . ' 4 �,�
. . . . � - •'>. - �._ ��.ti_ _ .��
� � . . . i��. � . ..
c '<,*s . ' � � , y` u
���.: a � '� -� �� _
.. . _ , �„�� -.:�
�. ... � . .� . -•,- � .- �_,..
1.�.-.. � _. � `bX:;i7��,tt a ot7::t'�� �. j � 'r�^.:,
.,. .. .. , . . a -
- -•. .. _ s�vam� : ` s 'x
� ... . .. -.y� . . _. s_
,.View�t eanopy,lookinr.i n�x[h with l�rr��nhnin I,',,,��1 ir r�-,r�h�3�k� inun��. .
4� -'— � -:� .
, � � �
?4 *� - .�_ _ ' �;
.��,, .�, _ � ` «t.
�f.s �wiGa'rso � ' ,� . ,..:...�:� ,. ■
, � , ' ` _��— �r�
iL�!�l",'? 'A _L 44 ; ,.�'. . i�^� �
(k c.- •� .�-r t�� _ �_ 'r' +�r' y� ,,, �/-
Y� �Y�Y�. W I. �.� � . i,.a •yY +:.i{
_ 'rd_�f . � �r�- ��f � -� _
+ � - k. J.�� { ���r� !� ii
�9�� _.-.�_ . _ t_• y . _'.� . ! ' ' .
s �.�, �� .rF.� L.l4'' �y't Yi�F,
�t_. , _ ��,-. ... . d°. t'_i?' , �:.a �. �yy:
� � ���'�� t �'1.. , _ , „•� d S�. � . . . .. . . � .. �'���, .
.�� � ..l� .�'�°�"��"��.:-
'S� 1 •._ ' -
. ,
f !
. _ -., vrn°• .�.k . � _ ,V.
�*":7 . .. .-�: v„-, .`��., � - - �:
.. . ,.... ,�.
,
,
� � �°' ' .,_.. , .. � � �
ti - � ~M
.�4..i. . � � �1:/I-
.�.:. . ..,r:` . i
M�•.h' : .
.. . ,,�e�r�.-1
. . �i.� - {".
���' .�.- —. .—. _.—_., !�''�'
. . . . .�� ....I'i�i.�,.li�.i �. i ..� � ., ii:'.ii��. '_ _ ..�♦
LDC
E x h i b i t � October?005 I 0937.0a1�
_ , Design Group
� . � -� . .� .� . , .. . _ ., . .. .. . .; ._ ._, . . .. :_:.,.. ., . ., . , varan
,.��:,...,[ � �.:i55Um ,�f;':t'.r f��c t'It:�.J. ��:�,' . .. . . .'. �. . . ...,.. � .,,...
a �omwm
yi;� .:,,+ TY..� 7"'y�`.._ t: ,,;r�:.. ,,'��,'." .,a�..l, q,f•jn v-�t ,:r -'•,�i`„�x";�� �
y
� Y ASk, �' � dy'k ..]�" "�CJt ,y. f� �.l�s� s�c a,;�_ . �1 . �--,
p r y . x.q.., r . _ � a :. '� ( ro '�r .��(/`��f r�"._.� 4 F.. '� . - _�_.
y{p.��� �� ,j°�` �.. ��i':.. .` �x „��yljtf.: •'� ,.. _.-_�
a�;:� ����� � �4' "« � � `:�, . - '
� ... �.� �y,
� _ w.,' <
.Y' _ .r `�,3'".�N�'_'� � ~ � 4� 't ��,�`�'�+� ' ' .. � ' ,
+�' �y� }� ; .. 'x. � _
; ,= � � � ;��� z ������� � - r
�- � �x ��. � .-�` �� �#�
�- � , ��.�� � �
�, ( � I .����� Y.' � ����� � �•, �` ���'
�� �� '►; �s�V���` f� './� �
1 '�
�
,• 9 �
. ��
ai . ' �� ���,�� � �� � - s�"
_ � :d�+ .:r'''o� �'r ,
' : � �' � ,„�,y����';'��� � —�
�r�- � ,�` 1��.ii`!�`�� .r�� � -� �� `-!.S' , �
�' �� � " _ � � _��� � � •�'. � :� � � � ►
�_ �r�
�. ,
' . , , 1....,.r,.- ,�,,,,.i�_,� ��� ��,, � � , t�► _ � �+�,
_ ....,. �
-';�in-c _ � _ , . . . � . .. . � . , �. . ..
:,, .... � .' _� .. .
. �", c. �� :_.," ` .Y. '- . -._ � '�,..� ' ' .-. . .. r �. � - - - -
.. _ .. . _ , ..
.. .. _... - . ,.... .. ,.-
. . -: . � . �_... -.-� .» �. ,...
; .
. , . ,. . . . . . . . .
.. .. .. .._�.-►.+e.. � .r� . .,. . . . � , � . . . - _ .
-rR•���a y`�� } ��',i+��� - T -. - �f�{f+� 4 .
I+ ��I a �
�' t " t'laiiii ftt' ,� �,x<r�4,t"� :P,,°���,-�� �?ti x
s w „�.-. .K w � �a :� {� �+# 'a .2i�, n ' , �
� , S . 3 �,
y. � `<s s }�`j '��.i'�t , `.. 3: ,'� f �
� y±51 '� � ' ..,d �+�±+�i�� � �i;,�.7.,.;�.. Y'��; 'j+'�x.�,� ,r,�y �"�'��� `- -- ,.
` r S,�l�t . :.3 � ,��.�\ �7_G. ,:y�,i� �'�N,i�` L -.:�'�►:k t
� �; � '���:;�'� ,�;,.�, ��-`�;������ ��1�,� ., ,� �
�r , `� �`; � �,' � ..x ��:r ��=�q'�
�:. �, �� x •��. �� ��,�+ ~�I � ,��'',. „ f I I e i tr
�" �'' �.,+� a t �C"x '• i � � �' F � I � s' `!'+
I � - �� � �' �'�� ,� '�� a�
., r
'' •1 � � `�
� �
, , . •
•;�i � : ;• -._.._, , ; �� ; • » a
- ♦ - � •::
' f�; -� i E_'t'# � `�. �
� b�� _ � _
+��'�: _ :t k �� t
Y �
? �;. � ,..P'... .-- w � �� �
� _t•_.� \ �k:M '�,:.�,? r �e � ! �
� Va^��' � � �i`- ` .! L
r _ � � .-� .� . ,��
re_ � x I ,;n F �
. . . _ ._ ,.�,.- . A _ '°..�.,..,ei
� �
EXn � b � t M LDC ,�
October 2005 � 0937.001�— �
i ��- � _ �� ���� ��i� DesignGroup
� ��,� R �
.,, .._ .. L• , .,... I J�,_ . �..i.-, t,lf: �,r� _i�. E .-_ _ i _ ,.,.,J_u �iciC.u� _F��.it', aParatlrom0any
Nrch C,5 f�.,�d5_un., n..ab I��Ini � .�-��th S�7.�umen[
Exhibit �N'
�
� � � �` � � � � �
DISPOSAL COMPANY
P.O. Bog 820 Sherwood, OR 97140
Phone: (503) 625-6177 Fax: (503) 625-6179
October 12, 2005
Ed Murphy
Comprehensive Planning Manager
LDC Design Group
20085 NW Tanasbourne Dr.
Hillsboro, OR 97124
Re: Stan Nored at 9875 SW Shadv Lane
This letter is in response to the request for Pride Disposal to service this location from the
curb at 9875 SW Shady Lane in Tigard, Oregon. Pride Disposal will be able to service
the garbage tote from the curb at this location. We do require that the garbage tote be
placed at curbside no later than 6 am on pick up day.
If you have any questions or concerns, feel free to contact us.
Sincerely,
Kristin Leichner
Pride Disposal Co.
(503) 625-6177 *124
PRE-APPLICATION
CONFERENCE REQUEST
CITY OF TIGARD 13125 SW Hall 81vd., Tigard, OR 97223(503) 639-4171 FAX.� (503) 684-7297
GENERAL INFORMATION
FOR STAFF USE ONLY
Applicant: Ed Murphy, Ed Murphy&Associates
Address: 9875 SW Murdock St. Case No.: t�1�E�b�- pU0�8
City: Tigard, Oregon Zip: 97224 Receipt No.: �ta3�7
Application Accepted By: C� �a.�:.r�
Contact Person: Ed Murphy Phone: 503-314-0677
Date: �-�- �
Property Owner/Deed Holder(s): Stan Nored (applicant)
DATE OF PRE-APP.: 8 - II -OS
Address: 4835 NE Pacific St. Phone: 503-784-8981
TIME OF PRE-APP.: � I 1 � c'�c�
City: Portland, Oregon Zip: 97213
PRE-APP. HELD WITH:
Propeity Address/Location(s): 9785 SW Shady Lane Rev.7/1/05 i:�curpinlmastersUevised�Pre-AppRequest.doc
Tax Map 8�Tax Lot#(s): 1 S1356D00200
Zoning: Mixed Use Commercial (MUC) REQUIRED SUBMIITAL ELEMENTS
Site Size: .44 acres (Note: applications will not be accepted
without the required submittal elements)
PRE-APPLICATION CONFERENCE INFORMATION
❑ Pre-Application Conf. Request Form
All of the information identified on this form are required to be 4 COPIES EACH OF THE FOLLOWING:
submitted by the applicant and received by the Planning Division a
minimum of one (1) week prior to officiallv scheduling a ❑ Brief Description of the Proposat and
pre-application conference date/time to allow staff ample time to any site-specific questions/issues that
prepare for the meeting. you would like to have staff research
prior to the meeting.
A pre-application conference can usually be scheduled within 1-2 � Site Plan. The site plan must show the
weeks of the Planning Division's receipt of the request for either proposed lots and/or building layouts
Tuesday or Thursdav morninqs. Pre-application conferences are drawn to scale. Also, show the location
one (1) hour long and are typically held between the hours of of the subject property in relation to the
9:00-11:00 AM. nearest streets; and the locations of
driveways on the subject property and
PRE-APPLICATION CONFERENCES MUST BE SCHEDULED IN across the street.
PERSON AT THE COMMUNITY DEVELOPMENT COUNTER FROM
8:00-4:OOIMONDAY-FRIDAY. ❑ The Proposed Uses.
❑ Topographic Information. Include
IF MORE THAN 4 PEOPLE ARE EXPECTED TO ATTEND THE Contour Lines if Possible.
PRE-APPLICATION CONFERENCE IN YOUR GROUP, PLEASE � If the Pre-Application Conference is for
INFORM THE CITY IN ADVANCE SO THAT ALTERNATE ROOM a MONOPOLE project, the applicant �
ARRANGEMENTS CAN BE MADE TO ACCOMMODATE THE must attach a copy of the letter and
GROUP. proof in the form of an affidavit of
mailing, that the collocation protocol was
completed (see Section 18.798.080 of
the Tigard Community Development
Code).
❑ Filing Fee$351.00
. ' � 'August 2005
Septemher 2005
5 M T W T F S 3 M T W T F 5
1 2 3 4 5 6
1 2 3
7 8 9❑70 17 t2 13 a 5 s 7 a s 10
14 15 16 17 18 19 20 'I1 12 13 14 15 16 17
21 22 23 24 25 26 27 �
18 19 20 21 22 23 24
ze zs so 3� Tuesda , AU USt 09, 2005 Zs ss z� ze 2s so
-Pre-A s CD Meetin s
Early
8:00 AM
9:00 AM (9:00 AM - 10:00 AM) Pre-App Hold
10:00 AM (10:00 AM- 11:00 AM) Pre-App John Marquardt(503)644-5339 10390 SW Amanda Ct. SUB
� 11:00 AM (11:00 AM - 12:00 PM) Pre-App Ed Murphy(503)314-0677 9785 SW Shady Ln
12:00 PM
1:00 PM
2:00 PM
3:00 PM
4:00 PM
Late
Tasks
Notes
�
�
Cheryl Caines � �
8/2/2005-3:40 PM �
��
: . ,,
� �.,� MURPHY & ASSOI,�ATES
��� La�z�l (-s�� Y1a�z�ti��tg n�<<t Ur�t���fu����ic��tt S�-?�r•ir���s
August 1, 2005
Morgan Tracy, Associate Planner
City of Tigard Dept. of Community Development
13125 SW Hall Blvd. U� '-�
Tigard, Oregon 97223 �
RE: Commercial Recreation Use of Property zoned MUC ,,�
Dear Mr. Morgan:
I am writing this letter on behalf of Rainbow Park and Playground Co., which
is interested in utilizing the currently vacant building and grounds at 9785 Shady
Lane for "Commercial - Retait Sates" and "Commercial - Outdoor Entertainment"
uses. The outdoor entertainment part of the proposed use requires a Conditional
Use Permit in the MUC zone.
This site was once a service station, and then an auto and t�uck rental place.
It is bordered by commercial uses to the west and south, by SW Greenburg Road to
the north, and by Hwy. 217 to the east. The site is perfect for what Rainbow Park
and Playground Company envisions. They plan to set up playgrounds on the site,
which will be for display, and also for active, public use. As they do in other
locations in Portland and Eugene, the company plans to make the play areas
available to rent for parties and special events.
We are asking for staff's general concurrence that such a use may be allowed
in the MUC zone, subject to approval of a Conditional Use Permit. Attached is an
application form for a Pre-application Conference, a description of the proposal and
summary of the code requirements, a rough site plan and sketch of the proposed
layout, and copies of flyers used for the Eugene and Portland stores.
Please call me if you have any questions or need anything else.
Since y,
Ed Murphy, AI P
cc. Stan Nored, Rainbow Park and Playground Co.
g815 SW Mur�lock Sl. 1'iyar<l, Or�e,y�»t g�zzq
/ Yhone 503. 6z4.q.6a5 /Celluiar So3. 3�4.0677 /Fax 503. g68.�674
Rainbow Park and Piayground�eee
Aoolicant: Rainbow Park and Piayground Co.
4835 NE Pacific St.
Portland, Oregon 97213
Contact: Stan Nored, 503-493-0663
Prouertv owners: Donald and Marlene Huggins
Site Address: 9785 Shady Lane, off Greenburg Road
Le°ai; 1S1358D00200
Pro o° sa1• Rainbow Park and Playground Co. would like convert a vacant
building and lot into a playground equipment display and play area. The parcel
has been a car rental site in the past, and before that, a service station. The
applicant will use the building that is already on the site, with only minor
cosmetic changes to the building, such as changing the paint colors. They are
not planning on expanding the building. They will use the freestanding sign in
the northeast corner of the parcel, changing only the sign face. They will also
retain the wall sign on the "chimney" of the building, again, just changing the
sign face.
The proposed use of the property is for the sales of spas and playground
equipment inside the building, and the display of playground equipment outside.
The outside playground equipment is also used as a play area for parties and
events.
The property is completely fenced. When the facility is not open, the gates
across the driveways will be closed. The property already has full street
improvements and mature landscaping, and parking is available both on-site
and on the street.
Auulicable Tiaard Develoument Code reauirements.
This type of use could be classified under the category of "Commercial /
Entertainment-�riented / Outdoor Entertainment, which is allowed as a
Conditional Use within the Mixed-Use Commercial (MUC) zone. (TDC Table
18.520.1}. The definition of this use is "facilities with extensive outdoor facilities
including outdoor tennis clubs, golf courses and shooting ranges." (TDC
18.130.020.C.3.b).
Various types of entertainment and recreational-related land uses are allowed in
the MUC zone. For example, "Indoor Entertainment", a use permitted outright,
includes "health/fitness clubs tennis, racquetball and soccer centers, recreational
centers, skating rinks, bowling alleys, arcades, shooting ranges and movie
theaters". Similarly, "Community Recreation", also permitted outright, includes
"community centers, senior centers, indoor and outdoor tennis/racquetball and
soccer clubs, indoor/outdoor swimming pools, parks, playgrounds, picnic areas
and golf courses." The use proposed is not appreciably different than these
e�bnwphy/rainbow/pre-app/8/01/OS 1
Rainbow Park and Pfayground�«e
other uses, except that it is a private, for-profit business instead of a public or
non-profit organization, and the play area is outdoors.
The use is classified as a conditional use in the MUC zone because, as it states in
TDC 18.330.050, "there are certain uses which, due to the nature of the impacts
on surrounding land uses and public facilities, require a case-by-case review and
analysis". While that may be necessary because of the impact of some outdoor
entertainment facilities in certain locations, the proposed use is of a minor scale,
and the surrounding uses are either major commercial (on two sides) or major
transportation facilities (on the other two sides). The impacts on surrounding
land uses, and on public facilities, will be very minor.
Allowing this old, vacant property to be used for this outdoor entertainment use
will result in improvements to the site, increased assessed value, creation of
new jobs, and convenience for potential buyers and users of the playground
equipment. It is a good use for this site. It will certainly be more attractive
than the previous use of this property.
COMPLIANCE WITH STANDARDS
The existing pole sign is pre-existing, and the existing wall sign was granted a
variance. Since Rainbow Park and Playground Co. plans to use these two signs,
and change only the sign faces, the proposal meets the sign standards.
The site is already landscaped, including landscaping in the planter strip. Since
the amount of landscaping will not be reduced, and the quality of the
landscaping will actually be enhanced, the proposal meets the landscaping
standards.
The site already has a six or seven foot wide sidewalk along its Shady Lane
frontage, and therefore meets the street improvement standards.
The site has a paved parking lot, with more parking than will be needed for the
employees and customers. The site therefore meets the parking requirements.
A site plan is attached for staff review.
SUMMARY
The proposed use of this site for playground and spa sales and a playground
area is a good use of this pre-existing building and grounds. The site and
building will look better, serve a community need, and have little impact on
public facilities or the surrounding land uses. The Conditional Use Permit
process provides a public forum for informing the nearby property owners and
addressing any concerns they may have.
edmurphy/rairrbow/pre-apP/8/O!/OS 2
RAINBOW PARK
The proposed use is for a pay for play playground and picnic area similar in
concept to miniature golf, go-cart track, batting cages, swimming pool, soccer
club, bowling, gymnastics or tennis club.
We will feature 15 - 20 outdoor play structures for the kids to explore, climbing
rock walls, chain cargo ladders and rung ladders, sliding down straight slides, wave
slides, straight tube slides and 360 degree slides, spinning around on the tire
swings and imaginative play in the forts and playhouses.
The picnic area is a place for a private party or just to sit and enjoy lunch with
friends, and family. It will be covered with a shade canopy and feature a pond with
a waterfall to add to the experience and to help cover some of the street noise.
There will also be a covered play area (under the existing pump station canopy) for
year round play.
The asphalt area (under and around the play structures) will be covered with
different types of approved safety surfacing. 8" high concrete curbing will be used
to separate areas and contain surfacing. The picnic area will be fenced with an
arbor entrance into the area.
The existing building (gas station) will be used for retail sales, offices and indoor
showroom.
The entire area is fenced with gated entry to play area and the on site parking to
restrict access except during normal operating hours.
�
m .
� a
/ ¢
�
0
i - �
/
oY
� - _ .�Q tl'�'.���' -
� �
� ,
�/ '�'�� � �
_ � ,��
� EXISTING BLDG. I
a - ar�-er�r � ; �
��p'��ec.vr.
� " I
��' _ �ao� I
/ ` -
/ - 1 ��
� ? � i�
- 8
� �8
- - �o
�
0
. , ., , . . . ..
_ - � �x as�oe•mc�W �m
- - - - SW 8�-4ADY L.ANE - - -
. . _ _-__ ,_'..,-...__.._ ... ._._....". . '__._.,_,_,._. �..., ..�.....- � L�_:__.....�....-........ . . .. _. . •
_ ...._...., 9 . _ � _.
� .
+
_ � X I STr r.�.G �1 �� ' _ _
�1 �r1 i C C� �L�,, �e s� �
, �'oo.�s; _. _ ..
�t�-�r� �V'��"t'�N' ���.�'v�.� f � __. _ .
'� S !•f�ps �3�" �f��ntp��_ '. : , � _ ' S i�o�Rua� ' . . ... . . ......
. � � : �
.�.,.�,�._ „ .....u..ti..,.:..._ �F�tCE : . ., ._ . _. _. . . _ _ _ � _.
,,'°°°"' i ; i ; i .
_ ' ' , I,_.. _ ; - , � , _
' C1�b�Q�.����y _ � � ' - . _.
�
� � Ra�� ��i���s ,
n�. , ' � �i ro�C 5"C,� c�t.� �`�'�_ � I��� 1�-o ur g�. ; . . � -
` �
V � � � � , � _
a�, ' � i ' ; ; �_' � ' `+ � ,� _
.�� � _ ; ,. . � . � _. � , t�Pt�Ft 1�,i ��J
� _ � ' _ ' . � ��!S rr N G �r�:d o�� ' _ _ _ .__. . .. .
� �
� , - - - . - :
,
3 � ; ; ; ; _ �
, ,
� .
�1 �� ` ;
_ Ct�, �"� 1�.� �o�ae�v c� � ;� � .. ' : � _ . _ � __ _
� � : , �
� ; � �
1 12 t'� W ' ' '
T 'S ►t�J q s �, {�,C I� , 1 � . ; _ . _ -
' �A-R{a�s GR����r i ; � � ; � . � i _ � _ ! _.. � �
; � �, .
�
I ; � � � � ; ! ,
, � .
; , � 1 , , � .._. , _.
. , � _
_ . � i
� � i ' ,
.
' , ' � � ' � ' � ' ,
i ; � � , I
I. . . i I � _,�„ . ' I �� _� _ � _ i .,. � . , -
, ; � , : '°"�- � t S,T i N c.�� �G A��� . , _
. . � � ��f�l�.�:. , ;
; , .
� � ! , , i ' , ' _ � ..
! ' .
.' i- . .. . � � . i . , . ! ! . '� � � � I. ..' 1
� 1
. . � � . 1 � � .. '. ._ . ._ ... . �' - ' -
_. , , i. . - , _, . ... -f .... ; . „ . ... . i _. I, .. i . . . . . .�. . -. _ . �, � � , { � ..
� . i.. � . .; _ i . i_ � , ' .. , ' . . . � . , ' � � ., � . � ' ; . . '. - � � , I _ i i i . ;.... i .. � -- ;- -
. . .. ' • . ! .. I � . � � . � --�^-��i � '. . _ I . .'...-_' .. ! � . f �
; . . I , � � ' . . �. ... . , , : " i �� � i I � i �� �
; : � I � . � � � ' : s t,,� .s N A�y L A�r E . _ , ._� ' ._ ! , ; _ � _ �_. � ? ._ � .. .; _ ; _ �
� � �
.
�e Rainbow Park& Playground �- �. -.
Se Yo �
,e U�.
Tod � ����� ~
a � � ;= � �
a� Y �� ���
., .. ;
� ••. �► : � ..
lo .�� �- _z.
For you childs next °
Call us at: Birthday or Play Group �
�
503-493-0663
OR
The children can la in our showroom �
1-800-RAI N BOW p y �y �
full of wondertul and excitin RAINBOW � �
9 �'' S.
play sets. They can scale our rock walls, •
fly down our spiral slides and reach for TWO Hour Parties Tues - Sat
� the stars on the swings.We have it all to $ I 35.00
� , k�p yOU� Chlld�@f1 @tlt@I`falll@d fOt hOU�S. Due at the time of reservation
. rt' 't
';:y^ \
i
_ `� °� ,�� y, � � � � � WE PR VIDE THE PARTYAREA
� .
O
;���. Private Party Rooms w/
�' Tables & Chairs
- - 4835 NE Pacific St
Portland, OR 97213 Refrigerator & Freezer
Pac�c St. is located off of 52nd & Halsey Cleaning Supplies
* WE ARE YOUR *'
�C7RQ - September thru March YOU BRING THE REST!!
� �� Tuesda - Saturda Food, Drinks & Decorations
Q o y y
HEADQUARTERS Two hour slots available. * � * * *
* * Please call ahead to
reserve your time $50 deposit is required the day of your
party - Refundable at parties end, after
u�� P� & P���� �. clean up. Children playing in the Rainbow
.� Children ages 9 & Under. showroom can only do so under adult
Maximum 15 children. supervision. Must have ONE adult per
WWW.123playground.�01Y1 FOUR children. You are responsible for
clean-up of your area.
f�x.�. �
Rainbow Park s� Playground �fi ' "�������° ������ '���
,. �, t
� �� �r 2 `��
� �
��� r n e � ����� ��� � .
� at o � .
� K���IGOw�,.
�� � ,��,
� �� � o o � r Pla tasuF .
��°'t� F B�rthdaY � Y gra4p .:. s� .� , � �
� ,
r;
�r Your childs nex� : ;. .:
,
�.
Call us at: ''
..,_
689-1702 '• ' The Children can play in our showroom ful) of •
� ,.. � �, �}��� ��
,� OR � wonderful and exciting RAINBOW playsets. ;�•' '
� � � � 1-888-276-8008 ��' �• They can scale our rock walls,slam dunk
� . � on our adjustable Bison Basketball Hoops,
ride our friendly purple dino or reach for the
moon in our huge inflatable Castle Bouncer. Fe e S
� � We have it all to keep your children P
�$�{�i�, -': entertained for hours. a rty
�, 7�
; ,�,,, ��
�fr:
'�° Two hour parties:Tues-Thurs $90.00*
��:� Friday Saturday Sunday $99.00*
� .�. �
�g, - � niv�s-�ic.��u
� ' �/here: 90496 Hwy 99 North Suite 2 �/�S/4 � � ���,,,
.�::�� . ;Yy p�" , Eugene,OR 97402
� � <�� 1 J miles north of Beltline
,`.° '�
,.,
When: Tuesday- Sunday
Two hour slots avaiable. Fee includes use of play systems,
Please call ahead to reserve basketball hoops,castle bouncer,and
your time one party room. Fee is due at the time
� WE ARE YOUR �/ of reservation.
�/f'10: Children ages 10 and under
Y� �O Maximum 15 children
U
HEADQUARTERS O �� ::�� .�,�;:� -
P . *
� � � , $SO deposit is required the day of your
� �t� ' party - Refundable at parties end,after
�` � clean up. Children playing in rainbow
� ' �. , � ` ��
, �_;�..� -5., ; showroom can do so only under adult
Ralnbow Park& Playground � ' supervision. Must have ONE adult per
�.: .
FOUR children. You are responsible for
�9"'�7�2 clean-up of your area.
www.123playground.aom
CCB# 140880
r--
PRE-APPLICATION CONFERENCE NOTES
➢ ENGINEERING SECTION Q �o"�°nnty�°��°°nt
S(uiping A Better Community
PUBLIC FACILITIES TaxMap[sl: 1S135BD
Tax Lot[sl: 200
Use i�pe: Commercial
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 pro1ection of public improvement related requirements
that may be required as a condition of development approval for your proposed project.
Riqht-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 Greenburq Road to 52 feet from centerline (4/5 lane Arterial)
� SW Shady Lane to 27 feet from centerline (Neighborhood Route/no bike lanes)
❑ SW to feet
❑ SW to feet
Street improvements:
� Half street improvements will be necessary along SW Shadv Lane, to include:
� 16 feet of pavement from centerline
� concrete curb
� storm sewers and other underground utilities
� 5-foot concrete sidewalk with 5-foot planter strip
� street trees sized and spaced per TDC &Washington Square standards
� street signs, traffic control devices, streetlights and a two-year streetlight fee.
❑ Other:
CITY OF T16ARD Pre-Applicadon Confe�ence Notes Page 1 of 6
Enlloeert�!oep�rureot Sactloa
���
❑ street improvements will be necessary along SW , to include:
❑ feet of pavement
❑ concrete curb
❑ storm sewers and other underground utilities
❑ -foot concrete sidewalk
❑ street trees
❑ street signs, traffic control devices, streetlights and a two-year streetlight fee.
❑ Other:
❑ street improvements will be necessary along SW , to include:
❑ feet of pavement
❑ concrete curb
❑ storm sewers and other underground utilities
❑ -foot concrete sidewalk
❑ street trees
❑ street signs, traffic control devices, streetlights and a two-year streetlight fee.
❑ Other:
❑ street improvements will be necessary along SW , to include:
❑ feet of pavement
❑ concrete curb
❑ storm sewers and other underground utilities
❑ -foot concrete sidewalk
❑ street trees
❑ street signs, traffic control devices, streetlights and a two-year streetlight fee.
❑ Other:
❑ street improvements will be necessary along SW , to include:
❑ feet of pavement
❑ concrete curb
❑ storm sewers and other underground utilities
❑ -foot concrete sidewalk
❑ street trees
❑ street signs, traffic control devices, streetlights and a two-year streetlight fee.
CITY OF TIGARD Pre-Applicatlon Conference Notes Page 2 of 6
Eaglasena9 Beo�rtment Secuow
� • ❑ 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 Utilitv Lines:
❑ Section 18.810.120 of the Tigard Municipal Code (TMC) requires all overhead utility lines
adjacent to a development to be placed underground or, at the election of the developer, a
fee in-lieu of undergrounding can be paid. This requirement is valid even if the utility lines
are on the opposite side of the street from the site. If the fee in-lieu is proposed, it is equal to
$ 35.00 per lineal foot of street frontage that contains the overhead lines.
There are existing overhead utility lines which run adjacent to this site along SW
Prior to , the applicant shall either place these utilities underground, or pay the fee in-
lieu described above.
Sanitary Sewers: �
The nearest sanitary sewer line to this prope�ty is a(n) 8 inch line which is located in Greenbur Road.
The proposed development must be connected to a public sanitary sewer. It is the developer's
responsibility to connect to the public sewer. The car wash area must meet plumbinq standards and
may require an Oil/water separator prior to discharqing to the sewer.
Water Supply:
The Tualatin Valley Water District (Phone:(503) 642-1511) provides public water service in the area
of this site. This service provider should be contacted for information regarding water supply for your
proposed development.
Fire Protection:
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:
CITY OF TI6ARD Pre-Applicatlon Co�erence Motea Page 3 of 6
Englneering oeoartmontSecuon
_ a�l proposed development w�� the City shall be designed such tr Storm water runoff is conveyed
to an approved public draina,_ system. The applicant will be req, .:d to submit a proposed storm
drainage plan for the site, and may be required to prepare a sub-basin drainage analysis to ensure
that the proposed system will accommodate runoff from upstream properties when fully developed.
Detention is required if the net, new impervious surface area exceeds 5000 square feet.
Storm Water Quality:
The City has agreed to enforce Surface Water Management (SWM) regulations established by the
Unified Sewerage Agency (USA) (Resolution and Order No. 00-7) which requires the construction of
on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus
contained in 100 percent of the storm water runoff generated from newly created impervious surfaces.
The resolution contains a provision that would allow an applicant to pay a fee in-lieu of constructing
an on-site facility provided specific criteria are met. The City will use discretion in determining whether
or not the fee in-lieu will be offered. If the fee is allowed, it will be based upon the amount of new
impervious surfaces created; for every 2,640 square feet, or portion thereof, the fee shall be $210.
Preliminary sizing calculations for any proposed water quality facility shall be submitted with the
development application. It is anticipated that this project will require:
� Construction of an on-site water quality facility.
❑ Payment of the fee in-lieu.
Water quality is required ' .
-Fvr a,t,� i r►�Pt.rv�i o c� � Gt r� � e��5 fi n�j 8 n� , �O e r
Other Comments: G�5 3— 6 S .
All proposed sanitary sewer and storm drainage systems shall be designed such that City
maintenance vehicles will have unobstructed access to critical manholes in the systems. Maintenance
access roadways may be required if existing or proposed facilities are not otherwise readily
accessible.
1) Both driveways are wifhin 150 feet of the Greenburg Road ROW. This does not meet the access
standards of 98.705.030.H.2. No driveway shal!be allowed within the influence area of an Arterial.
2) An access management report wi!! be required (18.705.030.H.9) providing the sight distance
certification for any driveway.
3) Washington Square sfandards apply.
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
CITY OF T16ARD Pre-Applicadon Conference Motes Page 4 of 6
Englaeerlag oer�rtmeat Secuow
� . �ermit. Deferral of the pay� �t until occupancy is permissible � • when the TIF is greater than
$5,000.00.
Pay the TIF.
PERMITS
Public Facilitv 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 Developer/Engineer
Agreement, which will obligate the design engineer to perForm the primary inspection of the public
improvement construction work. The PFI permit fee structure is as follows:
NOTE: If an PFI Permit is required,the applicant must obtain that
permit prior io release of any permits from the Building Diuision.
Buildinq 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
CITY OF TI6ARU Pre-Appticatlon Conference Notes Page 5 of 6
Eaglneerlag 9ea�rtmewt Secuoa
__ . � = permit can not be is� �d in a subdivision until the publi� �•nprovements are substantially
complete and a mylar ,�y of the recorded plat has been re. �ed by the applicant to the City.
For a land partition, the applicant must obtain an Engineering Permit, if required, and return a
mylar copy of the recorded plat to the City prior to issuance of this permit.
Other Permits. There are other special permits, such as mechanical, electrical and plumbing
that may also be required. Contact the Development Services Counter for more information.
GRADING PLAN REQUIREMENTS FOR SUBDIVISIONS
All subdivision projects shall require a proposed grading plan prepared by the design engineer. The
engineer will also be required to indicate which lots have natural slopes between 10% and 20%, as
well as lots that have natural slopes in excess of 20%. This information will be necessary in
determining if special grading inspections will be required when the lots develop. The design engineer
will also be required to shade all structural fill areas on the construction plans. In addition, each
homebuilder will be required to submit a specific site and floor plan for each lot. The site plan shall
include topographical contours and indicate the elevations of the corners of the lot. The builder shall
also indicate the proposed elevations at the four corners of the building.
PREPARED BY: 1 • I 8' 0
ENGINEERING EPARTMENT STAFf DATE
Phone: [5031639-4171
Fax: [5031624-0752 /�� g. 5 - OS
`�� 1
document2
Revised: September 2,2003
CITY OF TI6ARU Pre-Applicatlon Conference Rotes Page 6 ef 6
Eo9faeeHn9 oeoartme�tSecuos
� •
� t,�TY OF TIGARD
,...�
PRE-APPLICATION C�NFERENCE NOTES �om u��uty.�Der,elopment
SkapingA BetterCommunity
(Pre-Application Meeting Notes are Yalid for Six (6j Months)
a��o� -- -----0 s�- -
��� ��
— NON-RESIDENTIAL
APPLICANT: =af �r l AGENT:
Phone:j�i�:?� �IL! - C��� � Phone: O
PROPERTY LOCATION:
ADDRESS/GENERAL LOCATION: j/�'�s-" S��" S�H�����,�-'r-
TAII MAP(i)/LOT #(S): / s �3 J� C'-;z -�
NECESSARY APPLICATIONS: '�-�o�7��-�,�=� �— �
PROPOSAL DESCRIPTION: ��- � ��� i�„ ���4°T�� � , % ���
� � -��
����� ���� - �.
COMPREH�NSNE PLAN `". �~"M-'
, �
MAP DESIGNATION: 7 �' r"J ";'� ""'�frl/1l ����<� %�s7,,,� � �
ZONING MAP DESIGNATION: 1'�?l1U
i0NIM6 UISTRICT DIMENSIONAL REQUIREMEMi'S IR�f�r ta Code Secdon 18. s�0 1 ����13 r� � ��s-���-5��� ��� � �-�
MINIMUM LOT SIZE: � sq. ft. Average Min. lot width: -� ft. Max. building height: Z�� ft.
S�tbacic� Front '�'� ft. Side {f— ft. Rear �— ft. Comer �ft. from street.
MAXIMUM SITE COVERAGE: �,�% Minimum landscaped or natural vegetation area: �%.
($� MEI6HBORNOOD MEETIN6 [Refer to the Neighborhood Meeting Nandoutl
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 two
(2) weeks between the mailing date and the meeting date is required. Please review the Land Use
Notification handout concerning site posting and the meeting notice. Meetinq is to be held prior to
submittinq your application or the application will not be acceqted.
* 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 apptication.
CITY OF TIGARD Pre-Application Conference Notes Page 1 of 8
NON-Residential Application/Planning Division Section
�
�� NARRATIVE [Refer to Code 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 STUDY [Refer to Code Sectlons 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 specifically concur with the dedication requirement, or
provide evidence which supports the conclusion that the real property dedication requirement is not
roughly proportional to the projected impacts of the development.
� ACCESS [Refer to Chapters 18.705 and 18.T651
Minimum number of accesses: Minimum access width:
Minimum pavement width:
All driveways and parking areas, except for some fleet storage parking areas, must be paved.
Drive-in use queuing areas:
� WALKWAY REQUIREMENi'S [Refer to Code Secdon 18.705.0301
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
�mplexes. Unless impracti�l, walkways should be constructed bet�veen a new develapmert ar��
neighboring developments.
❑ SPECIAL SETBACKS [Ref�r to Code Chapt�r 18.7301
➢ STREETS: feet from the centerline of
➢ LOWER INTENSITY ZONES: feet, along the site's boundary.
➢ FLAG LOT: 10-FOOT SIDE YARD SETBACK.
❑ SPECIAL BUILDIN6 NEI6HT PROVISIONS [Ref�r to Code Secdon 18.730.010.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('/z) of the building's height; and
➢ The structure will not abut a residential zoned district.
� BUFFERING AND SCREENIN6 [Refer ta Code Chapter 18.7451
In order TO INCREASE PRIVACY AND TO EITHER REDUCE OR ELIMINATE ADVERSE NOISE
OR VISUAL IMPACTS between adjacent developments, especially between different land uses, the
City requires landscaped buffer areas along certain site perimeters. Required buffer areas are
described by the Code in terms of width. Buffer areas must be occupied by a mixture of deciduous
and evergreen trees and shrubs and must also achieve a balance between vertical and horizontal
plantings. Site obscuring screens or fences may also be required; these are often advisable even if
not required by the Code. The required buffer areas may 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.
CIN OF TIGARD Pre-Application Conference Notes Page 2 of 8
NON-Residential ApplicationlPlanning Division Section
The ESTIMATED REQUIRt� BUFFER WIDTHS a�plicable to your uroposal 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 Code Chapters 18.745,18.765 and 18.7051
STREET TREES ARE REQUIRED FOR ALL DEVELOPMENTS FRONTING ON A PUBLIC OR
PRIVATE STREET as well as dnveways which are more than 100 feet in length. Street trees must
be placed either within the public right-of-way or on private property within six (6) feet of the right-of-
way boundary. Street trees must have a minimum caliper of at least two (2) inches when measured
four (4) feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the
branching width of the proposed tree species at maturity. Further information on regulations
affecting street trees may be obtained from the Planning Division.
A MINIMUM OF ONE (1) TREE FOR EVERY SEVEN (7) PARKING SPACES MUST BE PLANTED
in and around all parking areas in order to provide a vegetative canopy effect. Landscaped parking
areas shall include special design features which effectively screen the parking lot areas from view.
These design features may include the use of landscaped berms, decorative walls, and raised
planters.
� RECYCLING tReferto Code Chapt�r18.1551
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.
� PARKIN6 [Rcfer to Code Sectlon 18.165.0401
REQUIRED parking for this type of use:
Parking SHOWN on preliminary plan(s):
SECONDARY USE REQUIRED parking:
Parking SHOWN on preliminary plan(s):
NO MORE THAN 50% OF REQUIRED SPACES MAY BE DESIGNATED AND/OR DIMENSIONED
AS COMPACT SPACES.
PARKING STALLS shall be dimensioned as follows:
➢ Standard parking space dimensions: 8 feet, 6 inches x 18 feet, 6 inches.
➢ Compact parking space dimensions: 7 feet, 6 inches x 16 feet, 6 inches.
Note: Parking space width includes the width of a stripe that
separates the parking space from an adjoining space.
Note: A maximum of three{3)feet of the vehicle overhang area in front of a wheel stop or curb can
be included as pa�t of required parking space depth. This area cannot be included as
tandscaping 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 parlcing stall dimensions, are mandated by the Americans
with Disabilities Act (ADA). A handout is available upon request. A handicapped parking space
symbol shall be painted on the parking space surface and an appropriate sign shall be posted.
➢ BICYCLE RACKS ARE REQUIRED FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL
DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and
in convenient locations.
� LOADIN6 AREA REQUIREMENTS [Refer to Code Secdon 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 ApplicationlPlanning Division Section
�� BICY�LE RACKS [Refer to Code ,don 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 te Code Chapter 18.T151
The Code provides REGULATIONS FOR LANDS WHICH ARE POTENTIALLY UNSUITABLE FOR
DEVELOPMENT DUE TO AREAS WITHIN THE 100-YEAR FLOODPLAIN, NATURAL
DRAINAGEWAYS, WETLAND AREAS, ON SLOPES IN EXCESS OF 25 PERCENT, OR ON
UNSTABLE GROUND. Staff will attempt to preliminary identify sensitive lands areas at the pre-
application conference based on available information. HOWEVER, the responsibility to preciselv
identify sensitive land areas, and their boundaries, is the responsibility of the applicant. Areas
meetinq the definitions of sensitive lands must be clearly indicated on plans submitted with the
development aqqlication.
Chapter 18.775 also provides regulations for the use, protection, or modification of sensitive lands
areas. RESIDENTIAL DEVELOPMENT IS PROHIBITED WITHIN FLOODPLAINS.
❑ STEEP SLOPES [Refer to Code Section 18.715.080.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 Communiry 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.
� CLFANWATER SERYICES[CWSI BUFFER STANDARDS [Refer to R a 0 96,44/USA Regulations-Chapter 31
LAND DEVELOPMENT ADJACENT TO SENSITIVE AREAS shall preserve and maintain or create a
vegetated corridor for a buffer wide enough to protect the water quality functioning of the sensitive
area.
Desi n Criteria:
The EGETATED CORRIDOR WIDTH is dependent on the sensitive area. The following table
identifies the required widths:
TABLE 3.1 Vc�cTATED C�Rr�i��r�iiviDTH�
SOURCE: CWS DESIGN AND CONSTRUCTION STANDARDS MANUAL/RESOLUTION &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
� >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%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 spring
boundary, and/or average high water for lakes or ponds,whichever offers greatest resource protection. Intermittent springs, located a minimum of 15
feet within the riverlstream or wetland vegetated corridor,shall not serve as a starting point for measurement.
SVegetated corridor averaging or reduction is allowed only when the vegetated corridor is certrfied 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 confirrns slope stability shall be maintained with the reduced setback from the top of ravine.
CITY OF TIGARD Pre-Application Conference Notes Page 4 of 8
NON-Residential ApplicationlPlanning Division Section
� Restrictions in the Vegetat� �rridor:
NO structures, development, construction activities, gardens, lawns, application of chemicals,
dumping of any materials of any kind, or other activities shall be permitted which otherwise detract
from the water quality protection provided by the vegetated corridor, except as provided for in the
CWS Design and Construction Standards.
Location of VecLetated Corridor:
IN ANY RESIDENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCELS or lots intended
for separate ownership, such as a subdivision, the vegetated corridor shall be contained in a
separate tract, and shall not be a part of any parcel to be used for the construction of a dwelling unit. �
'—� CWS Service Provider Letter:
PRIOR TO SUBMITTAL of any land use applications, the applicant must obtain a CWS Service
Provider Letter which will outline the conditions necessary to comply with the R&O 96-44 sensitive
area requirements. If there are no sensitive areas, CWS must still issue a letter stating a CWS
Service Provider Letter is not required.
[� SI6NS IRefer to Cede Chapter 18.7801
SIGN PERMITS MUST BE �BTAINED 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 peRnitted 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 PLAf!REQUIREMENTS [Ref�r to Code Secdon 18.790.030.CJ
A TREE PLAN FOR THE PLANTING, REMOVAL AND PROTECTION OF TREES prepared by a
certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a
development application for a subdivision, partition, site development review, planned development,
or conditional use is filed. Protection is preferred over removal where possible.
THE TREE PLAN SHALL INCLUDE the following:
➢ Identification of the location, size and species of all existing trees including trees designated
as significant by the City;
➢ Iden��icatian of a program to save existing trees or mitigate tree removai over 12 inches in
caliper. Mitigation must follow the replacement guidelines of Section 18.790.060.D according
to the following standards and shall be exclusive of trees required by other development code
provisions for landscaping, streets and parking lots:
� Retainage of less than 25% of existing trees over 12 inches in caliper requires a mitigation
program according to Section 18.150.070.D. of no net loss of trees;
� Retainage of from 25 to 50% of existin� 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 Section 18.790.060.E1
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-Residential Applica6oNPlanning Division Section
� ➢` If a replacement trE ,r the size cut is not reasonably avai��...�e on the Iocal market or would
not be viable, the Director shall require replacement with more than one tree in accordance
with the following formula:
� The number of replacement trees required shall be determined by dividing the estimated
caliper size of the tree removed or damaged, by the caliper size of the largest reasonably
available replacement trees. If this number of trees cannot be viably located on the
subject property, the Director may require one(1)or more replacement trees to be planted
on other property within the city, either public property or, with the consent of the owner,
private property.
➢ The planting of a replacement tree shall take place in a manner reasonably calculated to
allow growth to maturity.
IN-LIEU OF TREE REPLACEMENT under Subsection D of this section, a party may, with the
consent of the Director, elect to compensate the City for its costs in performing such tree
replacement.
� CLEAR VISION AREA [Refer to Code Chapt�r 18.7951
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 streeYs functional classification and any
existing obstructions within the clear vision area.
❑ ADDITIOMAL LOT DIMENSIONAL REQUIREMENTS [Refer to Code Sectlon 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'/2 TIMES THE AVERAGE WIDTH, unless the
parcel is less than 1'/2 times the minimum lot size of the applicable zoning district.
CODECNAPTERS
� 18.330�co�,a�i u�� �H.C)ZO(Tgard Triangle Design Standards) 1'� 'I$.765(pffStreet Pa�CinglLoading Requirements)
_ 18.340(�irectors�nter�retation) ��8.630(Washing�n Square Regional Center) _ 18.775(Sensitive�ands Review)
_ 18.350(P�anned�eve�opmen� ��8.705(AcoesslEgress�Cira�ation) _�18.780(signs)
- 18.360�srt��,+�t R�w� �S.7�O(Ac�ssory Residential Unils) _ 'I H.THS(Temporary Use Pertnits)
_ 18.370(varianoes�Adjustmems) 18.715(�er�siry c,omputations) �L 18.790(Tree Removaq
_ 18.380 2«,��n�ar�c a,�d�,�� �H.72O(Design Compatibility Shandards) .L��$.795(Visual Clearance Areas)
- 18.385(Misc��ar�ous PeRnits> �5.725(Environmental Perfomiance Standards) 18.798(Wire�ess Communication Fad�i�es)
�/TS.39O(Deasion Making Proceduresllmpact Sh�dy) 'I$.730(Exceptions To Devebpment Standards) �$.$��(Street&U61ity Improvement Standards)
- �S.4�O(Lot Line Adjustrnenis) 18.740(Historic over�ay)
- 18.420(�and Partroons) �5.742(Home Occupation Pertni�)
_ 18.430�s��aN�a�� ✓18.745(�andscap�ng 8�scxeening standards>
- 18.510�R��a�,�i z�,����o;�� 18.750(Manutacuured�w�obi�Home Re9u�ations)
-I�C8.520(Commercaa�Zoning Districts) �18.755(Maed 5o�d WastelRecydirg Storage)
_ 1 S.53O(Industrial Zoning Districts) 18.760(Noncontorming Situations)
CITY OF TIGARD Pre-Application Conference Notes Page 6 of 8
NON-Residential Applica6onlPlanning Division Section
AD�ITION�iI CONCERNS OR COMMENT�.
�%� �� � -q�
,
-�i cJir�� �� ��...� ���F.-� 5 /I� Jrz�2vz�
, �
'� � -- �- �vlzc_ <.:=
�j �/�,�-L��L'torCL��C( � -�L4?��F''�/L•C I,�L�. r/9? C��/GCl��Ct-lk- � /t�-� !- ��(.� ! - .z C..�J
�;;
PROCEDURE
Administrative Staff Review.
�� Public hearing before the Land Use Hearings Officer.
Public hearing before the Planning Commission.
Public hearing before the Planning Commission with the Commission making a
recommendation on the proposal to the City Council. An additional public hearing shal� be
held by the City Council.
APPLICATION SUBMITiAI PROCESS
All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the
Community Development Department at Tigard City Hall offices. PLEASE NOTE: Applications
submitted bv mail or dropped off at the counter without Planninq Division acceptance mav be
returned. The 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'/2" x 11"
map o a proposed proiect shall be submitted or attac ment to the sta report or
administrative decision. Applications with unfolded maps shall not be acceated.
The Planning Division and Engineering Department will perform a preliminary review of the
application and will determine whether an application is complete within 30 days of the counter
submittal. Staff will notify the applicant if additional information or additional copies of the submitted
materials are required.
CITY OF TIGARD Pre-Application Conference Notes Page 7 of 8
NON-ResidenGal Application/Planning Division Section
, . .
' Tlie administrative decisio�. . ublic hearin will t icall occur a
p g yp y �,,...,ximately 45 to 60 days after an
application is accepted as being complete by the Planning Division. Applications involving difficult or
protracted issues or requiring review by other jurisdictions may take additional time to review.
Written recommendations from the Planning staff are issued seven (7) days prior to the public
hearing A 10-day public appeal period follows all land use decisions. An appeal on this matter
would be heard by the Tigard C �'f�, �! _�� ( . A basic flow chart
which illustrates the review process is vailable 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.
BUILDIN6 PERMITS
PLANS FOR BUILDING AND OTHER RELATED PERMITS WILL NOT BE ACCEPTED FOR
REVIEW UNTIL A LAND USE APPROVAL HAS BEEN ISSUED. Final inspection approvals by
the Building Division will not be granted until there is compliance with all conditions of
development approval. These pre-application notes do not include comments from the
Building Division. For proposed buildings or modifications to existing buildings, it is
recommended to contact a Building Division Plans Examiner to determine if there are
building code issues that would prevent the structure from being constructed, as proposed.
Additionally, with regard to Subdivisions and Minor Land Partitions where any structure to be
demolished has system development charge (SDC) credits and the underlying parcel for that
structure will be eliminated when the new plat is recorded, the City's policy is to apelv 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 eren}ce an notes cannot cover a o e requirements an aspects re ate , to
site n!anning th�t sho!�!d a �! !Q thP. �eVPIQnmPnt ef y����r site p�a►� �ai�ure of thQ staff to pro���ue
r � .. � � . � � � � ., ��
information required by the o e shall not cons�itute a waiver of the applicable standards or requirements.
It is recommended that a prospective applicant either obtain and read the Commun�ty Development Code or
ask an uestions of Cit staff relative to Code requirements prior to submittin an a plication.
AN ADDITIONAL PRE-APPLICATION FEE AND CONFERENCE WILL BE REQUIRED IF AN
APPLICATION PERTAINING TO THIS PRE-APPLICATION CONFE�2ENCE IS SUBMITTED AFTER A
PERIOD OF MORE THAN SIX (6) MONTHS FOLLOWING THIS CONFERENCE (unless deemed as
unnecessary by the Planning Division).
i
PREPARED BY: < � .���� -
CITY OF TIGAR P NN DIYISION - STAFF PERSON HOIDING PRE-APP. MEETING
PNONE: 503-639-4111 FAX: 503-684-7291
EMAIL• (sratFs first name)@ei.tigard.or.us
TIl'LE18(fITY OF TIGARD'S COMMUNIT1f DEVELOPMENT fODE)IMTERNETADDRESS: INWW.Ci.dgard.01'.US
H:IpattylmasterslPre-App Notes Commercial.doc Updated: 15-Dec-04
(Engineering section:preapp.eng)
CITY OF TIGARD Pre-Application Conference Notes . Page 8 of 8
NON-Residential Application/Planning Division Section
IL��',''1oc',f'-pL''c'�dL ,
Rainbow Park & = ";'
Reserve Your ._
� �
II Pla round ,�� �
Par Toda .. Y9 ; � ��4- �
Y - - , ♦ �.,
For our childs next . - �
y ; —,._ r-� �-.
Birthday or Piay Group ��'�" , � � �q �4 � "M
�.: ;�' , -� .
�J � ✓V � �R_- �~�ri� 4',
� IN W �_,.,_�'� � F�,�s,��
,i�,� —. h
�w
I� The children can play in our outdoor park ., �
—�y°-°�{u :, full of wonderfull and exciting RAINBOW
� ` � play sets. They cnn scale our rock walis,
� � art ees
�,_ . ' � fly down our spiral slides and reach for
_ � _ ,,' � 'z.� the stnrs on the swings. We have it QII to
- - =�� keep your children entertained for hours Two Hour Parties Tues — SCIt
� : �� __-
� $150.00
__ � . +
1�--- , ,'� ' � � � � � Due at the time of reservntion
� �', ..� � °
Where� Rainbow Park & Playground We Provide the Party AreQ
9785 SW Shady Lane Child size picnic tables $ chairs
� We Are Your � Tigard, OR 97223 Cleaning Supplies
(Across Hwy 217 from Wnshington Sq. Mall
�O at th Greenburg Exit)
Qa 9 V You Brin The Rest!
Y 9
` � , Tuesda - Snturda
� When Y Y
� Headquarters � l0am-6pm Food, Drinks & Decorations
(Please call ahead to reserve your time) � � � � �
$50 cleaning deposit is required the day of
your party - Refundale after party's end.
Rainbow Park & Pla round Who: Children Ages 9 & Under Qfter clean up. Children may only play in the
Y9 Maximum 15 children showroom under adult supervision. You
503-968-723� must hnve One adult per Four children.
1NWW. 123playground.COI'1'1 You are responsible for clenn up of your
area.
LDC
�°"""�,����� Design Group
April 12� 2��6 aPa�oticompany
���� � J 2aofi
Gary Pagenstecher, Associate Pianner ��Q�T�
City of Tigard '�i.A�V�i�fr►��¢���;�i�-
13125 SW Hall Blvd.
Tigard, Oregon 97�23
RE: Conditions of approval for CUP 2005-00002 at 9785 SW Shady Lane
(Rainbow Park & Playground)
Dear Mr. Pagenstecher:
Enclosed are two copies of detailed drawings for the on-site and off-site
work required by the conditions of approval. We have provided a
response to each condition of approval on the attached pages. We are
submitting a separate cover letter to Kim McMillan, with an application for
a Public Facility Improvement Permit for the improvements within the SW
Shady Lane and SW Greenburg Road rights-of-way.
We would appreciate staff's review of the plans as quickly as possible so
that Mr. Nored can proceed with the required improvements and open his
doors for business.
Please call me if you have any questions, Thank you Gary.
Sincer y,
�;
Ed Murphy
Comprehensive Planning Manager
cc. Stan Nored, Rainbow Park and Playground
Project File # 0937.001
20085 NW Tanasbourne Drive
(� /�,� Hillsboro,OR 97124
��-l/w ✓d � .� � � ( `" `' P 503.858.4242
���i� YL, / �)l � F 503.645.5500
E hillsboro@Idcdesign.com
/S 5� `�r`` � �1 �•'1/L.ti�, _ www.ldcdesign.com
7 �f � '.___�
/
Hillsboro,OR
C�`'�� Tillamook,OR
Vancouver,WA
Bellevue,wn
.___-.- -� Coeur d'Alene,iD
5acramento,Cn
Clermont,FL
www.pa rat icom pany.com
Rainbow Park and Playground CUP2005-00002
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO ISSUANCE OF THE SITE AND/OR BUILDING PERMITS:
The applicant shall prepare a cover letter and submit it, along with any supporting
documents and/or plans that address the following requirements to the CURRENT
PLANNING DIVISION, ATTN: Gary Pagenstecher 503-639-4171, EXT 2434. The cover
letter shall clearly identify where in the submittal the required information is found:
� l. Prior to issuance of building permits, the applicant shall submit a lighting plan for the
entire project site.
RESPONSE: The existing lighting is shown on the Existing Conditions Plan, Sheet 2.
The applicant is not planriing on installing any additional exterior lighting. The lighting
includes a floodlight in the southwest corner of the site, lights under the canopy structure,
lights under the eves of the building, and a light on the back of the building.
, - 2. Prior to the issuance of building permits, the applicant shall submit a revised site plan
showing the visual clearance triangle for the intersection of the driveway and SW Shady
Lane.
RESPONSE: The visual clearance triangle is shown on the revised Site Plan, Sheet 3.
We have permission from the adjoining property owner to trim the hedge along the east
properry line. See attached e-mail from Eric Sklarz, Commercial Property Manager,
Norris & Stevens, Inc.
3. Prior to the issuance of building permits, the applicant shall submit a revised site plan
including wheel stops as required by the TDC Chapter 18.765.
RESPONSE: Wheel stops are shown on the revised Site Plan, Sheet 3.
, 4. Prior to the issuance of building permits, the applicant shall submit a revised site plan that
includes two bicycle parking spaces that are designed and constructed to the standards
that are identified in TDC Section 18.765.050.
RESPONSE: Two bicycle parking spaces are shown on the revised Site Plan, Sheet 3.
,/'� 5. The applicant shall submit a revised landscape plan showing the required street trees on
SW Shady Lane and Greenburg Road including information on the species, size, and
��S location of the proposed street trees for the City Forester's review and approval.
`��" RESPONSE: The revised Landscape Plan, Sheet 9, shows the reguired street trees along
SW Shady Lane and SW Greenburg Road. The trees along Greenburg Road are within
the right-of-way, but are at the bottom of a steep incline, varying from six to twelve feet
below the sidewalk level. There is no planter strip on Greertburg Road in this location.
The street trees along Shady Lane will be located within the planter strip.
i/ 6. The applicant shall submit a landscape plan with sufficient detail to demonstrate the
parking areas will be effectively screened from view.
RE.SPONSE: The Landscape Plan, Sheet 9, shows evergreen plant material that will
screen the parking area from view.
7. The applicant shall submit a landscape plan that meets the minimum landscaping and
y� screening standards of the Washington Square Regional Center, TDC 18.630.090.
RESPONSE: The Landscape Plan, Sheet 9, meets the lartdscaping and screening
standards of the Washington Square Regional Center.
0937.00//docs/plan/contiitions/response/4//3/06 1
Rainbow Park and Playgrounrl CUP2005-00001
8. The applicant shall submit a revised site plan demonstrating all service facilities are
effectively screened from view.
RESPONSE: The revised Site Plan, Sheet 3, shows that all service facilities are screened
from view.
The applicant shall prepare a cover letter and submit it, along with any supporting
documents and/or plans that address the following requirements to the ENGINEERING
DEPARTMENT, ATTN: Kim McMillan 503-639-4171, EXT 2642. The cover letter shall
clearly identify where in the submittal the required information is found:
9. Prior to issuance of a site permit, a Public Facility Improvement (PFI) permit is required
for this project to cover any work in the public right-of-way. Six (6) sets of detailed public
improvement plans shall be submitted for review to the Engineenng 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 Des�gn Standards, which
are available at City Hall and the City's web page(w������.t�ga�•c�-or.{�ov).
RESPONSE: Six sets of detailed PFI permit plans are enclosed for review by the
Engineering Department. These plans conform to the City's Public Improvement Design
Standards.
10. The PFI permit plan submittal shall include the exact legal name, address and tele�hone
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 entrty is a corporation, limited partnership, LLC, etc. Also specify the state wrthin
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.
RESPONSE: The PFI permit plans include the le�al name, address and telephone
number of Stan Nored, the individual who is the `permittee" and who will provide
financial assurance for the public improvements.
11. Prior to issuance of the site permit, the applicant shall pay the addressing fee, if required.
(STAFF CONTACT: Shirley Treat, Engineering).
RESPONSE: Accordirig to 13ethany Stewart, �io addressirag fee is required, as the
address has not changed. See attached copy of an e-mail from Bethany to that effect.
12. The applicant shall submit construction�lans to the Engineering Department as a part of the
Public Facility Improvement permit, indicating that they will construct the following
frontage improvements along SW Shady Lane as a part of this project:
A. street trees in the planter strip spaced per TDC requirements;
B. driveway apron removal and replacement;
C. hedges tnmmed or removed along east property line.
RESPONSE: The Public Improvements Plan, Sheet 4, includes street trees in the planter
strip, driveway apron removal and replacement, and the hedge trimmed along the east
property line. The hedge is located on the adjacent property. As noted above, Mr. Nored
has permission rom the adJ'oining property owner to trim the hedge along the east
property line. �ee attached e-mail from Erac Sklarz, Commercial Property Manager,
Norris & Stevens, Inc.
0937.001/�locs/plan/con�litions/response/4/I3/06 2
Rainbow Park and Plnyground CUP2005-00002
13. The applicant's plans shall be revised to provide on-site water c�uality treatment per CWS
Section 3.12(d) (2) by either replacing the east on-site catch basms or constructing a water
quality pond or swale.
RESPONSE: The Site Plan, Sheet 3, calls for the replacement of the east on-site catch
basin with a filter catch inlet.
14. The applicant shall provide connection of proposed buildings to the public sanitary
sewerage system. A connection permit is required to connect to the existing public sanitary
sewer system.
RESPONSE: The building is already connected to the public sanitary sewerage system,
according to Jamie Graham, City Engineering Technician. No connection permit is
required.
15. The applicant shall obtain approval from the Tualatin Valley Water District for the proposed
water connection priar to issuance of the City's Public Facihty Improvement permit.
RESPONSE: The building is already connected to the public water system. Attached is a
copy of the current water bill, and a copy of an e-mail note from Stu Davis, P.E., Senior
Engineer with the Water District. No water connection permit is required.
16. An erosion control plan shall be provided as part of the Public Facility Improvement (PFI)
permit drawings. The plan shall conform to the "Erosion Prevention and Sediment Control
Design and Planning Manual, February 2003 edition."
RESPONSE.• The PFI permit plans include an Erosion Control Plan, Sheet S.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO A FINAL BUILDING INSPECTION:
The applicant shall prepare a cover letter and submit it, along with any supporting
documents and/or plans that address the following requirements to the CURRENT
PLANNING DIVISION, ATTN: Gary Pagenstecher 503-639-4171, EXT 2434. The cover
letter shall clearly identify where in the submittal the required information is found:
17. Prior to a final building inspection, the applicant shall clearly identify and mark the location
of the access drive in accordance with TDC Section 18.765.040(B)(3).
RESPONSE: This will be accomplished once the public improvements aYe completed.
18. Prior to a final building inspection, the site shall be inspected to ensure that curbs or wheel
stops are provided as required by the TDC Chapter 18.765.
RESPONSE: This will be accomplished once the on-site improvements are completed.
19. Prior to a final building inspection, the applicant shall apply for a sign permit and supply
staff with the appropriate plans to verify compliance with TDC Chapter 18.780 and
18.630.070 or demonstrate that proposed changes to the existing signs are exempt from
permit requirements pursuant to TDC 18.780.060.C.
RESPONSE: The applicant is not proposing any new signage at this time that requires a
sign permit.
The applicant shall prepare a cover letter and submit it, along with any supporting
documents and/or plans that address the following requirements to the ENGINEERING
0937.00//docs/plan/conditions/response/4/l3/06 3
Rninbow Park and Playgrounr!CUP2005-00002
DEPARTMENT, ATTN: Kim McMillan 503-639-4171, EXT 2642. The cover letter shall
clearly identify where in the submittal the required information is found:
20. Prior to a final building inspection, the applicant shall complete any work in the public right-
of-way(or public easement) and obtain approval from the Engineenng Department.
RESPONSE: The work in the public right-of-way will be completed prior to requesting a
final building inspection.
21. Prior to a final building inspection, the applicant shall demonstrate that they have entered
into a maintenance agreement with Stormwater Management, or another company that
demonstrates they can meet the maintenance requirements of the manufacturer, for the
proposed onsite storm water treatment facility. If a water quality pond or swale is
constructed instead of replacing the catch basins the applicant's engmeer shall submit a
maintenance plan to the Crty engineering staff for review and approval.
RESPONSE.• Mr. Nored will demonstrate that he has entered into a contract for
maintenance of the storm water quality facility prior to requesting final building
inspection.
22. Prior to a final building inspection, the applicant's engineer shall provide a final sight
distance certification.
RESPONSE: Mr. Nored will submit a final sight distance certification prior to requesting
final building inspection.
0937.001/docs/plan/conditions/response/4/l3/06 4
Ed Murphy
From: Stan Nored [stan@123playground.com]
Sent: Friday, April 07, 2006 12:11 AM
To: Ed Murphy
Subject: FW: TIGARD MEDICAL MALL BLDG. 9375 SW SHADY LANE
------- Original Message -------
Date: 3/22/2006 4 :53 PM
From: Eric Sklarz <ericsc�norrstev.com>
To:stan@123playground.com
Subject: TIGARD MEDICAL MALL BLDG. 9375 SW SHADY LANE
Good Morning Stan,
Per our conversation today you have the Landlords approval to trim back the
bushes along the driveway area which separates your property and ours.
Please contact me at the number below with all future correspondence.
Thanks,
Eric Sklarz
Commercial Property Manager
Norris & Stevens, InC.
621 SW Morrison, Suite # 800
Portland, Oregon 97205
(503) -225-8480 Direct Line
Thank You,
1
�'
Ed Murphy
From: Stan Nored [stan@123playground.com]
Sent: Friday, April 07, 2006 12:10 AM
To: Ed Murphy
Subject: FW: Active Address for CUP2005-00002 Rainbow Playground
------- Original Message -------
Date: 3/31/2006 6:52 PM
From: Bethany Stewart <Bethany@tigard-or.gov>
To:stan�123playground.com
Cc:GarypC�tigard-or.gov
Subject: Active Address for CUP2005-00002 Rainbow Playground
Hi Stan,
Our system is back up and I have checked your existing address of 9785
SW Shady Lane (for your existing building slated to remain as your
existing building) . This address was in the system but had no
designation. It is now designated as "active" .
Thank you,
Bethany Stewart, Eng Tech I
Engineering Department
13125 SW Hall Blvd.
Tigard, OR 97223
503-639-4171
bethanyQtigard-or.gov
Thank You,
1
�'.
02/09/2006, 12:17 FA% 50368472b. City of Tigard C�001
rea-ua-ud Ua:ZeAM FR01-0-LDC DESIGN GROVP ' t16038466600 T-T00 P.O1101 F- 58
�
I°AX TRANSMI'n'AL � L�C
i
�
,I Deslgn Group
Date: Februdry 9, 2006 �,r^��,�;��+
��� ]amie Grdhdm , j
Pirm: City ofTlgard � , . :� ,,,
f
. �AX No.: 503�639-1471 {
�
]ab Na.. �
i
� � �
Pa eS. 1 r
, ,. !:.
�ra ���. Mfriam Wllson
Subject: Sewer Connattlon • -- �
• ...'Y' .�Y
Hardcopy to foltow: Yes _�No �,
Please answer�he�ollawing question and PaX baek to me: °- •
Is the property at 9785 SW Shady l.ane (7.51 35.BD 20Q) �
5eptic Yes Mo
. _. . - -- ,.._ ,
Public Sewer Yes _ _ Na
WhaL is the current Fxture units!� ,- - - ��� -
5lgned up Name t e ,��l�,G�y� �
Signature
��r �' � _..
Title �`� ��j�
-r-�— :--.�.-_.
ZOOB'J IVW TANA580URNE DR
H1LLS80R0 OR 97124
Commenrs -
. . . Pk 609. eSQ. 4a4z
Fx sos. sas, ssoo
� WWw�4DC0ESi�rv�COM
, _ _ � CORPORATE OFPICE
M7LLS80R0� OREGON
�_ 1 TYLI.AMOOK, OR6GaN
V6NCOUVI90.� WASHINaTON
BEILEV!)E, WASHlNGTON
� �" - - CO6uR D'A66NE, iDAHO
ROCRLLN, CALIFqRNIA
Please notify the above petson if you did not receive all of rhe attached pages. C�6RMONT, P�oatDn
Note: LDC D�sign Group wll) �at be held liahle for any discrepancies during
transmission on plans, maps and drawings, Coples of sucli Items m�y be mailed
and sheuld be requested if not recelved within a Pew days,_
�
• 04/11!2e9E 13:23 541-463- 1 RAINBOW PARK PI �D PAGE 02
x4 r .t�h �.�^YG x [F '�`���'Y
�..cw'.•'. ::� un :;v..i � �.. :;��
aw� '. � 3+r. ,'W� � ..L ''
Q�'.,"`l�l�i�����. .s� �-. .t t�r �' u. ; -
_ . ..:
_
... � -. _ � _
� .:_ , . _..: ,
.. �, � '�. ' ' _, � J
•� • � �� �
� • � '
� � - _ � - � • �� • ' 1 I I , , . _ � • � �
� � � � ' • _ �
�
� � � � ' � A �
, � 1 � �
• µ,
. � ri . '�.<. �x •- rwe°'.�. r. < w s�,a.�.� u j� ry '
# $ 5} �1 se�M��x4Ky�'��92/�F/�ye�{,.�,�r'�l /��: :
���i ti'�, �%f"`s u.�a. »u� c..^� "�'i t i3.` - ,
r �p', ry �+� L�� �.R,�g}ri�$rk S s�'5,����d� 'r��
� pF,�. �j,�'''�, '�r#K�.�;��.fas�3, S�, ia J,� d����`'K a� v"i,��,.y+o� 1
� K , s� �,y'�t�dy, "�>�l s Y 4i�ta Yi� `�S��v �'ti :i�$"'` ..u'%�`�``",�r'�.a'�'`
�ta
� �t" u�-KS L. s > ssM+�6Ii u N��f» sY+v�»„�'�ea�1.S�'w�"r�w;
:?�� � > ° ��..�'°'��d�`,�'{ `d�4��'.�v �NOw.��� "'�i': �� ,�."`$"' �"t?.27i..
}5 ���+�,�z'
,.0� , �. $.����'� ��"�o a � ���,x � a."d. ? ���p.�`� ti#y s� ,Y'-�w r. a �6 ... . a ..� �� � ,d �.
Ci ..,f ..i, `"5° ng
a«�`° `�° � s°"' a ' �
,� ,a�. . .aaxasa� r° +, ,� . . . . p ' � aa
..awy�,�„ ..�w,+,.s C`D' ..�. ��.... vax.. :�, r ` . S 'w �„K.s �:`»�.;.".y,��..�°.. Y � ^� -
�• t ro
,
,:a.
,...+�ww � .,v�w -�-.wrr
���.. »an .+xx. �+a` �»a+av� �rw � •K w. w��.�,,.w��v�.��.�.ros;".`tY ;w . '
«a�; :fce•""�' �.F.....>w... <: ' ._. . . .. . . . . .. ..
.. �.� '�h A . ... �. . . . . , . . ' .
Total Water Gharges 13.87 Totat Sewer�Sutface Water ManagemeM(SWM)Charges 0_00
ACCOUNT NU1YIgliR 035221-OZ ID# 659107 q�ount Duc• 0.00
Name: RA,A�iBOW pARK AND P.LAYGROUND BflIing Date: 04/03/06
Service.Addre ss:. 9785 SW SHADY T.N Service period: O1/30/06 to 03/28/06
PORTLANA OR 97223 bue Date: 04J17/06
Usage��t this acoount �Vater,Sewer&SW1V�Charges $13.87
(�ae g:Ilons=� � Previous�alance 4.20
payments -68.09
� � Adjustmeats 0.00
v z4 .. :. . .. r�,.,�,�.�.,a,
7 _ ..',;7':•�zk�..,...::::
„w,s,. •;"C:'e'o4"Sn":'r 2.rit;41w:;.��".. "�'...c1::.�;� .. :i.£r�:,..,,'�y,::..;�'L"�<�:
� 7 N...y��'.y�.'�'�."":�°.�•"'' �, " .Mi>�.:'" a�; "r�'d'�s?7. "a*4"' :,<
, � 5���,�.,.>;a,�c—� ��1,,,,,
� �g ��� v;«,,;�,xa�'��^'��,�,'CCfl��a��gCL��:3�"t: �•.'s�A; :��;,r,. _;s
: ,+::.
.:�». ...,.. ,.M.. ,.:;.„r:;,. ..,.,... .:.. .'.-�. :«.._.
� �J
z �e Remcmbcr ro savt watcr now! Your water usc Nwember t1u'ough April dciermines your updated Sewer Usagc chargc.
$ 6 Sce b�ck of bil]for moza inCom�arion.
3
S O N� J F i A A AA J J A S 0 N d J F M 5ome 6omes in this cammuaity haVe elcvatcd lead levels 1n dtcir drinking wAter.Lead astn pose a signi6cant risk to yoar
zoa M��s 2006 healch.Please read the enclosed nodcc for morc in1'omwuon.
---� �— � RBtum thi5 �JOCtIOn with y�Uf payment � 3040-000603 659107
�Spp9�ppsloons�nner rrasoa reqcled canl�nt
2688
Total Amount Due for Water,
� � Account Number Due Date Sewer and Surface Water
0352Z1-02 04/17l06 $0.00
• ..:�:,�:�c�:r.s:�. .,..,... •Yc•: .
� ....:........:....... � . .. :',..
Make check payable to: ^ • " > '
, . : . .
:,;, � E ' • , • . .
`... .._._... , .. i .. ...._.... . .
NWD ! CWS_ ,. .
RA,INBOW PARK AND PLAYGROUNJ7
P.O.Box 8896 STAN NOR�D
, Vancauver, WA 98668-8996 1650 NW GARFIELD
CORVALIS�OR 97330
❑3522bo��oonao00000 , ,. �
Ed Murphy
From: Stu Davis [Stu@tvwd.org]
Sent: Wednesday, April 12, 2006 2:32 PM
To: Ed Murphy
Subject: Rainbow Park
Ed:
Rainbow Park
This email will serve to verify that the property at 9785 SW Shady Lane is currently served via a 1" meter located at the
west frontage of the lot.
Stu Davis, P.E.
Sr. Engineer
503/848-3025
1
�
v�� +�+i LUVU 11.u�1 JUJJUIIlLJJ 1[Hl1YDUV! I 1l7HICL r{��]t b[�bL
CL-� � � G'ci�_, C� �C) O �.,
�►������AU� Service A reement
1��/�� � `�� Rainbow Paric 8�Pla round
STORMINATER "�
From: 9/15/06 To: 9/15/06
SOLUTIONS iHC.
� ��
Rainbow Park 8 PIa raund Mr. Stan Nored
TWypI�OnC f FR �� Fafati'R,10 N+mEar.
541.231.1944 / 503.968.7235 stan(�123playground.com
s..�r,��..q.�
9785 Shad Lane, T� ard,QR 97223
��
9785 Shad Larte, Ti ard 4R 97223
Number Vauk Size #of Cartrid Media T Cvst
22076.Qi CBSF 1 Periite $2a0
$0
$0
$�
$a
$o
Total Quoted Malnbsnanos Cast(Taxes not includad): $240
�ll�s Qrovlded bv COWTECH Stormrrater SWutions Ina• �
1. CONTECH Stomryveter Solutions Inc.(CONTECH)wtll perbrm gn annual wsugl Ir�pedfon of the cartridgeJvaut!system. Renuks of this
Naudl inspection w+lt be utlliZed to detemtine 6ppropriele maintenarx�needs. �mairdenance 1ee.4 ere shOwn ebOVe. M
inepe�tion fee of 532Q will aPP1y T no maiMenanoe is pe�fortrl9d.
2. When maintenance fs wenantatl,CONtECH prov�dea e tumkey xrviae Rhat indude9:vacuum rvmoval of the accumuleted liqu+de and
satids;replaaeme,�t of the ezhaustad cartndges;disposal ot the acxum�lated materlab;and a CeAlBcete of Compliance for the coenpleted
ma�ntenance.
3_ Nd�r custorner/reprssenta(ive,via writcen conffrmation.that the inspection aadlor maintenance haB been pertormed.
4. A�r specisl isrms,oond�ions,se�es(etc.)ere retetenoed In Addendum A(altsd�ed wNen eppl�able). Spedel condl�ons may Include,
hut are not IimiEed ta.site epecific pricang oonslderalions;haffic oontrol;special sched�png;etc.
5. A CeRifiCafe cf Comp6ance for the completad vlsual i�ipn or mafntanance will be proWded upon rec�ipt of full payment, CONTECH
�coepts Visa and pAalsterCar4.
6. ContrQCE�n��ocutad within 6U dars of above ataR dete msy be subject to pnoe increa9e. �
7• 3etvioes provided s�e specificta tha CDIYTECH prododa qs(ed abo�e. AAaintenance of ofder sformwa6er deric$a or appur�nanoes at the
site are the�asponsihility of the WStOmel'(Owt1e�. We CAOOeirage the ona�r(n maint91f18N 9t01tt1NIAter BtfUCtu�dt the Sile.
The seivioes to be perfomied and the retalsA cna�g�a�e�ed upon tl+e eeeumption af v�rictad a�es,raasor�anie eeaaman►atian roamoo(uP m e u�in
N�Clmess).Or1/Contl�tlo�a,non-113x8rtlous matwi�s end no ineppinprisle die�harges. H ai�mnd�ons aupgeel the preaence aF hemdais metmia)s.U�en ed worlc will
be Slopped. 111C GlStotllef 1118y 08 requlr�9d f0 tlu�r�eriz6(va 8nalyGcel ke6b^Bl the aaWmuletfld rt�Hlerials for d�osel pripr b COnduCtiilg MfA t191tl Notk. WOrk
erisiny trom th6 O�sence ot�pulated maleriela in�rcase af pemdppd IavCN9 Mr1M D2 WIIaA ee 41fba eervir�a. Regulaled materiela indude Out ere rw1 IimihBd b:
Peatlddes.He�btddes.kiaealclaes.Solvenls.�uels,Strnng Adds or 8aeee�Free Oile andlor G�eea. Maintenar�e r�erviae6 ere moet alfadively perFornbe ouAnQ tAe
Ary nWnth6(tYl►'oalY 3uh/C1ro�gh Septert�bar�. Priw vNll not be esweded wilFaul P�a►BPProvet from ovme►-
Thls reamont Is sub bo dnd IncluQey!yg atlsc%ea1$�rykg,q 7erArs ane Cond/tlons.
TMmdbnbm wn�erarwEiorlaa
� S�b�onr
thls k a IeyAWy Olnslply conhatt, CONTECH sEOnnvrstar Sofotiorye 6nc�ep�a�tn provide and pwna agroas tp aeppt�M sp�cl}Md silvlca9.
t�merm,ep�ive Stomtweter Solutiona Inc.
�YPs� ��y�+�oS �'IJC tlpp �flrn�rc.J �A�R.1C�f{Av9�aw�d !w �
�'Q s.p...�w.a�e
5-r�9�v �a v�_� , �
--�;�.
12021-8 NE Afrport Way,Port}and,OR 97220 P:800.548.4667 F:603.2b8.3191 www,contechstormwater.com