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HomeMy WebLinkAboutDecision_MIS2025-00003 Tigards Carts on Broadway NOTICE OF TYPE II DECISION ir MISCELLANEOUS PERMIT : 11 MIS2025-00003: TIGARD'S CARTS ON BROADWAY 120 DAYS = September 26, 2025 SECTION I. APPLICATION SUMMARY FILE NAME: Tigard's Carts on Broadway CASE NO.: Miscellaneous Permit MIS2025-00003 PROPOSAL: The applicant proposes a food cart pod on an existing nonresidential lot addressed as 11847 SW Pacific Highway. The food cart pod will have six food carts. The proposed food carts will be placed on an existing paved parking lot north of the existing nonresidential building. APPLICANT: Denise Shleifer 2087 Bay Meadows Dr. West Linn, OR 97068 OWNER: Same as applicant. LOCATIONS: 11847 SW Pacific Hwy,Tigard, OR 97223 Washington County Tax Map 1S135DD Tax Lot 00800 BASE ZONE: MU-CBD (Mixed-Use Central Business District) APPLICABLE REVIEW CRITERIA: Tigard Community Development Code (TCDC) Chapters 18.750, and 18.910 SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to conditions of approval. The findings and conclusions on which the decision is based are provided in Sections IV and V. CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS MUST BE SATISFIED PRIOR TO COMMENCING ANY SITE WORK The applicant must prepare a cover letter and submit it, along with any supporting documents or plans that address the following requirements to the PLANNING DIVISION,ATTN: Nikki Tuason, Assistant Planner, at NikkiT@u,tigard-or.gov. The cover letter must clearly identify where in the submittal the required information is found: 1. Prior to commencing operation of the food cart pod use, the applicant must provide evidence demonstrating the installation of a centralized fats,oils,and grease collection system that has been approved through the appropriate permitting agencies. MIS2025-00003 Tigard's Carts on Broadway 1 THE FOLLOWING CONDITIONS MUST BE SATISFIED PRIOR TO COMMENCING ANY SITE WORK The applicant must prepare a cover letter and submit it, along with any supporting documents or plans that address the following requirements to the ENGINEERING DIVISION, ATTN: Buck Smith, Principal Engineer at Buck.Smithgu,tigard-or.gov. The cover letter must clearly identify where in the submittal the required information is found: 1. Improvements associated with public infrastructure including street and right-of-way dedication,utilities,grading,water quality and quantity facilities, streetlights, easements, easement locations, and utility connections must be designed in accordance with the following codes and standards: • City of Tigard Public Improvement Design Standards • Clean Water Services (CWS) Design and Construction Standards • City of Tigard Community Development Code and Municipal Codes • Tualatin Valley Fire and Rescue (TVF&R) and Oregon State Fire Codes • Other applicable County, State, and Federal Codes and Standard Guidelines 2. Prior to commencing any site work,the applicant must submit 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. Specify if the entity is a corporation,limited partnership,LLC, etc. and the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information will delay processing of project documents. 3. Prior to commencing any site work, the applicant must submit a PFI Permit application to cover all improvements associated with public infrastructure. An engineering cost estimate of improvements associated with public infrastructure (including but not limited to, streets, grading,public utilities, stormwater facilities, streetlights, and franchise utilities) is required at the time of PFI permit application submittal. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to improvement associated with public infrastructure. PFI permit plans must conform to City Public Improvement Design Standards,which are available at City Hall and the City's web page (www.tigard-or.gov). 4. Prior to commencing any site work, the applicant must provide a construction vehicle access and parking plan for approval by the City Engineer. The purpose of this plan is for parking and traffic control during the public improvement construction phase. All construction vehicle parking must be provided onsite. No construction vehicles or equipment will be permitted to park on the adjoining public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application and must include the vehicles of all suppliers and employees associated with the project. 5. Prior to commencing any site work, the applicant must submit site plans as part of the PFI Permit process illustrating the proposed sanitary sewer system and associated facilities to be designed and constructed in accordance with the City and CWS Design and Construction Standards. For technical assistance to ensure compliance of nondomestic Waste Ordinance 42 (keeping prohibited discharges from impacting conveyance,pump stations, and treatment plants). MIS2025-00003 Tigard's Carts on Broadway 2 Web site: https://dynamic.cleanwaterservices.org/Forms/NewIndustry Email: EScasemanagers@cleanwaterservices.org Industrial Contact Phone Number: 503-681-5175 Commercial Contact Phone Number: 503-681-4431 SECTION III. BACKGROUND INFORMATION The 0.45-acre site is located at 11847 SW Pacific Highway which is north of SW Pacific Highway; east of SW Hall Boulevard;and west of SW Warner Avenue.The site is zoned MU-CBD and is located within the Tigard Downtown plan district, as are adjacent properties in all directions. The site is developed with a nonresidential building in current operation as a furniture store with an associated parking lot and landscaping. No sensitive lands are present on the property. SECTION IV. PUBLIC COMMENTS The Tigard Community Development Code requires that property owners within 500 feet of the subject site be notified of the proposal and be given an opportunity to provide comments prior to a decision being made. Staff mailed a Type II Notice of Application regarding this application to affected parties on June 3, 2025. No other public comments were received. SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS 18.750 Food Carts 18.750.050 Approval Criteria. A. The approval authority will approve or approve with conditions a food cart application when all of the standards of Section 18.750.060 are met. This application is for a food cart pod, therefore the standards of 18.750.060 do not apply. B. The approval authority will approve or approve with conditions a food cart pod application when all of the standards of Section 18.750.070 are met. Section 18.320.020.F. of the Tigard Community Development Code (TCDC) defines a food cart pod as a standalone use that consists of four of more food carts and associated amenities on the same site. The applicant's proposal involves a food cart pod that consists of six food carts and associated amenities on the same site, therefore this criterion applies. As demonstrated in the findings below, the applicant's proposal complies with all applicable development standards of Section 18.750.070 and is approved subject to the conditions of approval above. Accordingly, this criterion is met. 18.750.070 Food Cart Pod Standards. A. The food cart pod must be located in a base zone that allows Indoor Sales and Services uses. The food cart pod is proposed to be located at 11847 SW Pacific Highway.The subject site is zoned MU- CBD and is located within the Tigard Downtown plan district.According to the Section 18.650.050.A in Table 18.650.1 of the Tigard Downtown plan district code, Indoor Sales and Services is an allowed use in the MU-CBD zone subject to special requirements provided in Subsection 18.650.050.B. The restrictions for the Indoor Sales and Services use are: MIS2025-00003 Tigard's Carts on Broadway 3 a. Uses with drive-through services that were lawfully in existence prior to the adoption of the MU-CBD zone are allowed. All new uses with drive-through services are prohibited. b. The maximum allowed gross floor area is 60,000 square feet per building or tenant in all MU- CBD subareas except the 99W-Hall subarea as shown on Map 18.650.A. The restrictions as described in Subsection 18.650.050.B.a. and b. are not applicable to this proposal because the proposed food cart pod does not include drive-through services. Additionally, the subject site is located within the 99W-Hall subarea as shown on Map 18.650.A, therefore the maximum allowed gross floor area of 60,000 square feet does not apply. This standard is met. B. The food cart pod must include at least one permanent building on the property that provides public restrooms. The property is developed with a permanent nonresidential building in current operation as a furniture store with an associated parking lot and landscaping. The applicant's narrative states that there is an ADA accessible restroom available to patrons of the food cart pod.Visible signage and directional arrows will be installed to assist in directing to the public restrooms.This standard is met. C. Any new building of more than 800 square feet must meet the minimum and maximum setback standards for the base zone. There are no new permanent structures being added to the site. This standard does not apply. D. The food cart pod must not include more than 20 food cart stalls. The proposed food cart pod involves six food cart stalls. This standard is met. E. Each food cart stall must be a maximum of 375 square feet and contain no more than one food cart. The applicant's narrative states that each food cart stall will be 300 square feet as shown on the submitted site plan. Each stall will be occupied by only one food cart. This standard is met. F. All food cart stalls must be located on paved areas and all stall locations must be demarcated on the pavement in a permanent manner. All proposed food cart stalls will be located within the existing paved parking lot behind the existing nonresidential building. Each stall will be demarcated on the pavement using permanent paint as demonstrated in the applicant's narrative and site plan. This standard is met. G. All food cart stalls must meet a minimum six-foot setback along all street property lines. The site has two street frontages with SW Warner Avenue to the west, and SW Pacific Highway to the south. The proposed location of the food cart pod is located approximately 65 feet from the street property line shared with SW Warner Avenue to the west, and is located approximately 210 feet from the street property line shared with SW Pacific Highway to the south. This standard is met. MIS2025-00003 Tigard's Carts on Broadway 4 H. All food cart stalls must meet the minimum setback standards along all other property lines that apply to a new nonresidential building in the base zone in which it is located. Where a property is adjacent to a residential zone, the food cart stall must meet a minimum 20-foot setback. The minimum setback standards for a new nonresidential building within the MU-CBD zone for the 99W/Hall Corridor subarea is listed below: Table 18.650.3—Development Standards Sub-Area: 99W/Hall Corridor Minimum Setbacks -Front 0/5 ft. (5 ft. for frontage on 99W) -Street side I -Side 0 ft. -Rear According to the applicant's site plan, all food cart stalls are a minimum of five feet from all property lines. The property is not adjacent to a residential zone. This standard is met. I. All food cart stalls must be separated from other stalls by a minimum of five feet. All food cart stalls are separated from other stalls by five feet,as shown on the applicant's site plan. This standard is met. J. The food cart pod must include centralized on-site facilities for the collection and removal of fats, oils, and grease, as approved by the city engineer. The applicant's narrative states that a designer and excavator has been secured to implement a centralized on-site facility for the collection and removal of fats,oils,and grease.The following condition of approval has been added to address this requirement: 1. Prior to commencing operation of the food cart pod use, the applicant must provide evidence demonstrating the installation of a centralized fats,oils,and grease collection system that has been approved through the appropriate permitting agencies. As conditioned, this standard is met. K. Utility connections,including electricity,potable water, and water disposal must be provided at each stall in the form of temporary connection assemblies, such as those used in recreational vehicle parks.Permanent utility connections to carts are not allowed.Water disposal connections must be connected to the required centralized fats, oils, and grease management system. All utility connections are provided at each stall in the form of temporary connection assemblies. The utility connections are not permanent. The water disposal connection will be connected to the required centralized fats, oils, and grease management system.This standard is met. MIS2025-00003 Tigard's Carts on Broadway 5 L. The site must be arranged and demarcated in a manner to ensure that food cart stalls do not obstruct or otherwise make unsafe any areas designed for pedestrian or vehicle movement to, from, or through the property. The food cart stalls are arranged in a manner to ensure that the food cart stalls do not obstruct or make unsafe any areas designed for pedestrian or vehicle movement to, from, or through the property. According to the applicant's narrative, pavement markings will be applied to show the vehicular traffic flow, and a dedicated pedestrian area will be marked to separate the food cart stalls from the flow of traffic. This standard is met. M. All food cart stalls and any associated temporary or permanent structures must not be located within any public access or utility easement. All proposed food cart stalls and associated temporary or permanent structures are not located within any public access or utility easement.This standard is met. N. All food cart service windows must be oriented such that customer queueing areas do not extend into vehicle maneuvering areas,pedestrian paths, or public rights-of-way. As shown on the applicant's site plan, the food cart stalls are located on the property in a dedicated pedestrian-only area that is completely separate from the vehicular travel lane and parking area.The food cart service windows are oriented such that the customer queueing areas do not extend into vehicle maneuvering areas,pedestrian paths, or public rights-of-way. This standard is met. O. Any canopies, awnings, or other attachments to any food cart must maintain a minimum of seven feet of vertical clearance and be entirely supported by the cart. Canopies,awnings,or other attachments will maintain at least seven feet of vertical clearance and will be entirely supported by the food cart. This standard is met. P. Temporary awnings or membranes may be used for weather protection over seating areas, provided they are: 1. 200 square feet or less in area, 2. 15 feet in height or less, as measured to the highest point, and 3. Adequately anchored to prevent windthrow. A temporary awning will be used as weather protection over the seating areas as shown on the applicant's site plan.The awning is approximately 108 square feet and is approximately 12 feet in height as measured to the highest point. The awning will be adequately anchored with bolts into the ground to prevent windthrow. These standards are met. Q. Accessory structures such as covered seating areas must meet the minimum setback standards that apply to a new nonresidential building in the base zone in which it is located. The temporary awning will be used as a cover over the seating area.The temporary awning will meet the minimum setback standard that apply to a new nonresidential building in the base zone in which it is located. The temporary awning will be a minimum of 35 feet from all adjacent property lines, which meets the required minimum setbacks in the MU-CBD zone. This standard is met. R. Temporary storage containers are prohibited on the property. All storage must be located in permanent buildings and structures. MIS2025-00003 Tigard's Carts on Broadway 6 Temporary storage is not provided on the property. All storage will be located in permanent buildings and structures. This standard is met. S. Any associated signs must meet the regulations for the base zone as provided in Chapter 18.435, Signs. Signage is not proposed at this time. Based on the applicant's narrative, the applicant understands that the associated signs must meet the regulations for the base zone as provided in Chapter 18.435, Signs. This standard does not apply. T. Off-street parking areas must meet the applicable provisions of Chapter 18.410, Off-Street Parking and Loading. The subject property has existing off-street parking, and there is no new off-street parking created as a result of this proposal. This standard does not apply. U. The food cart pod must meet all other applicable standards of this title. No other standards apply. This standard is met. FINDING: Based on the analysis above, all of the applicable food cart pod standards are not fully met,but can be through the conditions of approval 18.910 Improvement Standards 18.910.030 Streets A. Improvements. 1. No development shall occur unless the development has frontage or approved access to a public street. 2. No development shall occur unless streets within the development meet the standards of this chapter. 3. No development shall occur unless the streets adjacent to the development meet the standards of this chapter, provided,however, that a development may be approved if the adjacent street does not meet the standards but half-street improvements meeting the standards of this chapter are constructed adjacent to the development. 4. Any new street or additional street width planned as a portion of an existing street shall meet the standards of this chapter. 5. If the city could and would otherwise require the applicant to provide street improvements, the City Engineer may accept a future improvements guarantee in lieu of street improvements if one or more of the following conditions exist a. A partial improvement is not feasible due to the inability to achieve proper design standards; b. A partial improvement may create a potential safety hazard to motorists or pedestrians; c. Due to the nature of existing development on adjacent properties it is unlikely that street improvements would be extended in the foreseeable future and the improvement associated with the project under review does not, by itself, provide a significant improvement to street safety or capacity; d. The improvement would be in conflict with an adopted capital improvement plan; e. The improvement is associated with an approved land partition on property zoned residential and the proposed land partition does not create any new streets; or MIS2025-00003 Tigard's Carts on Broadway 7 f. Additional planning work is required to define the appropriate design standards for the street and the application is for a project which would contribute only a minor portion of the anticipated future traffic on the street. 6. The standards of this chapter include the standard specifications adopted by the City Engineer in compliance with Subsection 18.910.020.B. 7. The approval authority may approve adjustments to the standards of this chapter if compliance with the standards would result in an adverse impact on natural features such as wetlands, bodies of water, significant habitat areas, steep slopes, or existing mature trees. The approval authority may also approve adjustments to the standards of this chapter if compliance with the standards would have a substantial adverse impact on existing development or would preclude development on the property where the development is proposed. In approving an adjustment to the standards, the approval authority shall balance the benefit of the adjustment with the impact on the public interest represented by the standards. In evaluating the impact on the public interest, the approval authority shall consider the criteria listed in Subsection 18.910.030.E. An adjustment to the standards may not be granted if the adjustment would risk public safety. As shown in the preliminary site plan, the proposed development has frontage on SW Warner Ave and Pacific Highway (99w). SW Warner Ave is classified as a local street and is under the jurisdiction of the City of Tigard (City) and Pacific Highway is an principal arterial under the jurisdiction of ODOT. The existing street section is as follows: SW Warner Ave— (Local Street) —50' right of way, existing o Approx. 40'paved width, curb to curb O 0.5' curbs (both sides) O 5.0' curb-tight sidewalk (west side only) The scope of the site improvements is limited to striping, underground utility installation, and the placement of temporary structures on existing asphalt. These improvements do not warrant right-of-way dedication or frontage improvements. This standard is not applicable. B. Creation of rights-of-way for streets and related purposes. Rights-of-way shall be created through the approval of a final plat;however, the council may approve the creation of a street by acceptance of a deed,provided that such street is deemed essential by the council for the purpose of general traffic circulation. 1. The council may approve the creation of a street by deed of dedication without full compliance with the regulations applicable to subdivisions or partitions if any one or more of the following conditions are found by the council to be present: a. Establishment of a street is initiated by the council and is found to be essential for the purpose of general traffic circulation, and partitioning or subdivision of land has an incidental effect rather than being the primary objective in establishing the road or street for public use; or b. The tract in which the road or street is to be dedicated is an isolated ownership of 1 acre or less and such dedication is recommended by the commission to the council based on a finding that the proposal is not an attempt to evade the provisions of this title governing the control of subdivisions or partitions c. The street is located within the mixed use central business district (MU-CBD) zone and has been identified on Figures 5-14A through 5-14I of the City of Tigard 2035 Transportation System Plan as a required connectivity improvement. MIS2025-00003 Tigard's Carts on Broadway 8 2. With each application for approval of a road or street right-of-way not in full compliance with the regulations applicable to the standards, the proposed dedication shall be made a condition of subdivision and partition approval. a. The applicant shall submit such additional information and justification as may be necessary to enable the commission in its review to determine whether or not a recommendation for approval by the council shall be made. b. The recommendation, if any, shall be based upon a fording that the proposal is not in conflict with the purpose of this title. c. The commission in submitting the proposal with a recommendation to the council may attach conditions which are necessary to preserve the standards of this title. 3. All deeds of dedication shall be in a form prescribed by the city and shall name "the public" as grantee. The scope of the site improvements is limited to striping, underground utility installation, and the placement of temporary structures on existing asphalt. These improvements do not warrant right-of-way dedication or frontage improvements. This standard is not applicable. C. Creation of access easements. The approval authority may approve an access easement established by deed without full compliance with this chapter provided such an easement is the only reasonable method by which a lot large enough to develop can be created. 1. Access easements shall be provided and maintained in compliance with the Oregon Fire Code, Section 503. 2. Access shall be in compliance with Subsections 18.920.030.H, I, and J. The applicant has not proposed an access easement established by deed without full compliance with this chapter as the only reasonable method by which a lot large enough to develop can be created. This standard is not applicable. D. Street location,width and grade. Except as noted below, the location,width and grade of all streets shall conform to an approved street plan and shall be considered in their relation to existing and planned streets, to topographic conditions, to public convenience and safety, and in their appropriate relation to the proposed use of the land to be served by such streets: 1. Street grades shall be approved by the City Engineer in compliance with Subsection 18.910.030.N; and 2. Where the location of a street is not shown in an approved street plan, the arrangement of streets in a development shall either: a. Provide for the continuation or appropriate projection of existing streets in the surrounding areas, or b. Conform to a plan adopted by the commission, if it is impractical to conform to existing street patterns because of particular topographical or other existing conditions of the land. Such a plan shall be based on the type of land use to be served, the volume of traffic, the capacity of adjoining streets and the need for public convenience and safety. The scope of the site improvements is limited to striping, underground utility installation, and the placement of temporary structures on existing asphalt. These improvements do not warrant right-of-way dedication or frontage improvements. This standard is not applicable. E. Minimum rights-of-way and street widths. Unless otherwise indicated on an approved street plan, or as needed to continue an existing improved street or within the Tigard Downtown Plan District, street right-of-way and roadway widths shall not be less than the minimum MIS2025-00003 Tigard's Carts on Broadway 9 width described below. Where a range is indicated, the width shall be determined by the decision-making authority based upon anticipated average daily traffic (ADT) on the new street segment. (The city council may adopt by resolution, design standards for street construction and other public improvements. The design standards will provide guidance for determining improvement requirements within the specified ranges.) These are provided in Table 18.910.1. The approval authority shall make its decision about desired right-of-way width and pavement width of the various street types within the subdivision or development after consideration of the following: 1. The type of road as provided in the comprehensive plan transportation chapter - functional street classification. 2. Anticipated traffic generation. 3. On-street parking needs. 4. Sidewalk and bikeway requirements. 5. Requirements for placement of utilities. 6. Street lighting. 7. Drainage and slope impacts. 8. Street tree location. 9. Planting and landscape areas. 10. Safety and comfort for motorists, bicyclists, and pedestrians. 11. Access needs for emergency vehicles. The scope of the site improvements is limited to striping, underground utility installation, and the placement of temporary structures on existing asphalt. These improvements do not warrant right-of-way dedication or frontage improvements. This standard is not applicable. F. Future street plan and extension of streets. 1. A future street plan shall: a. Be filed by the applicant in conjunction with an application for a subdivision or partition.The plan shall show the pattern of existing and proposed future streets from the boundaries of the proposed land division and shall include other lots within 530 feet surrounding and adjacent to the proposed land division. At the applicant's request, the city may prepare a future streets proposal. Costs of the city preparing a future streets proposal shall be reimbursed for the time involved. A street proposal may be modified when subsequent subdivision proposals are submitted. b. Identify existing or proposed bus routes,pullouts or other transit facilities,bicycle routes and pedestrian facilities on or within 530 feet of the site. 2. Where necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed, and a. These extended streets or street stubs to adjoining properties are not considered to be cul-de-sac since they are intended to continue as through streets at such time as the adjoining property is developed. b. A barricade shall be constructed at the end of the street by the property owners which shall not be removed until authorized by the City Engineer, the cost of which shall be included in the street construction cost. c. Temporary hammerhead turnouts or temporary cul-de-sac bulbs shall be constructed for stub street in excess of 150 feet in length. The applicant has not proposed an application for a subdivision or partition. A future street plan is not required with this application. This standard is not applicable. MIS2025-00003 Tigard's Carts on Broadway 10 G. Street spacing and access management. Refer to 18.920.030.H. Street spacing and access management is discussed under Chapter 18.920, Access, Egress, and Circulation. H. Street alignment and connections. 1. Full street connections with spacing of no more than 530 feet between connections is required except where prevented by barriers such as topography,railroads,freeways,pre- existing developments, lease provisions, easements, covenants or other restrictions existing prior to May 1, 1995 which preclude street connections. A full street connection may also be exempted due to a regulated water feature if regulations would not permit construction. 2. All local, neighborhood routes and collector streets which abut a development site shall be extended within the site to provide through circulation when not precluded by environmental or topographical constraints, existing development patterns or strict adherence to other standards in this code.A street connection or extension is considered precluded when it is not possible to redesign or reconfigure the street pattern to provide required extensions. Land is considered topographically constrained if the slope is greater than 15 percent for a distance of 250 feet or more. In the case of environmental or topographical constraints,the mere presence of a constraint is not sufficient to show that a street connection is not possible.The applicant must show why the constraint precludes some reasonable street connection. 3. Proposed street or street extensions shall be located to provide direct access to existing or planned transit stops, commercial services, and other neighborhood facilities, such as schools, shopping areas and parks. 4. All developments should provide an internal network of connecting streets that provide short, direct travel routes and minimize travel distances within the development. The applicant is not proposing any new streets. SW Warner Ave is an existing street. This standard is not applicable. I. Intersection angles. Streets shall be laid out so as to intersect at an angle as near to a right angle as practicable, except where topography requires a lesser angle, but in no case shall the angle be less than 75° unless there is special intersection design, and: 1. Streets shall have at least 25 feet of tangent adjacent to the right-of-way intersection unless topography requires a lesser distance; 2. Intersections which are not at right angles shall have a minimum corner radius of 20 feet along the right-of-way lines of the acute angle; and 3. Right-of-way lines at intersection with arterial streets shall have a corner radius of not less than 20 feet. The applicant is not proposing any new intersections of public streets. This standard is not applicable. J. Existing rights-of-way. Whenever existing rights-of-way adjacent to or within a tract are of less than standard width,additional rights-of-way shall be provided at the time of subdivision or development. The existing right-of-way width of SW Warner Ave meets the minimum widths for local street characteristics per Table 18.910.4. See findings in Section 18.910.030.A. This standard is met. MIS2025-00003 Tigard's Carts on Broadway 11 K. Partial street improvements. Partial street improvements resulting in a pavement width of less than 20 feet, while generally not acceptable, may be approved where essential to reasonable development when in conformity with the other requirements of these regulations, and when it will be practical to require the improvement of the other half when the adjoining property developed. The scope of the site improvements is limited to striping, underground utility installation, and the placement of temporary structures on existing asphalt. These improvements do not warrant right-of-way dedication or frontage improvements. This standard is not applicable. L. Cul-de-sacs. A cul-de-sac shall be no more than 200 feet long, shall not provide access to greater than 20 dwelling units, and shall only be used when environmental or topographical constraints, existing development pattern, or strict adherence to other standards in this code preclude street extension and through circulation: 1. All cul-de-sac shall terminate with a turnaround. Use of turnaround configurations other than circular shall be approved by the City Engineer; and 2. The length of the cul-de-sac shall be measured from the centerline intersection point of the 2 streets to the radius point of the bulb. 3. If a cul-de-sac is more than 300 feet long, a lighted direct pathway to an adjacent street may be required to be provided and dedicated to the city. A new cul-de-sac is neither proposed nor deemed necessary for the proposed development.This standard is not applicable. M. Street names. No street name shall be used which will duplicate or be confused with the names of existing streets in Washington County, except for extensions of existing streets. Street names and numbers shall conform to the established pattern in the surrounding area and as approved by the City Engineer. The proposed development does not propose new street names. This standard does not apply. N. Grades and curves. 1. Grades shall not exceed 10 percent on arterials, 12 percent on collector streets, or 12 percent on any other street (except that local or residential access streets may have segments with grades up to 15 percent for distances of no greater than 250 feet); and 2. Centerline radii of curves shall be as determined by the City Engineer. The existing street grade will not be changed with development and no street improvements are proposed. This standard is not applicable. O. Curbs, curb cuts, ramps, and driveway approaches. Concrete curbs, curb cuts, wheelchair, bicycle ramps and driveway approaches shall be constructed in compliance with standards specified in this chapter and Chapter 15.04, Work in the Right-of-Way, and: 1. Concrete curbs and driveway approaches are required; except: 2. Where no sidewalk is planned, an asphalt approach may be constructed with City Engineer approval; and 3. Asphalt and concrete driveway approaches to the property line shall be built to city configuration standards. MIS2025-00003 Tigard's Carts on Broadway 12 Concrete curbs, curb cuts, wheelchair, bicycle ramps and driveway approaches shall be constructed in compliance with standards specified in this chapter and Chapter 15.04, Work in the Right-of-Way. This standard is met. P. Streets adjacent to railroad right-of-way. Wherever the proposed development contains or is adjacent to a railroad right-of-way,provision shall be made for a street approximately parallel to and on each side of such right-of-way at a distance suitable for the appropriate use of the land. The distance shall be determined with due consideration at cross streets or the minimum distance required for approach grades and to provide sufficient depth to allow screen planting along the railroad right-of-way in nonindustrial areas. The proposed development is not adjacent to a railroad right-of-way. This standard is not applicable. Q. Access to arterials and collectors. Where a development abuts or is traversed by an existing or proposed arterial or collector street, the development design shall provide adequate protection for residential properties and shall separate residential access and through traffic, or if separation is not feasible,the design shall minimize the traffic conflicts.The design shall include any of the following: 1. A parallel access street along the arterial or collector; 2. Lots of suitable depth abutting the arterial or collector to provide adequate buffering with frontage along another street; 3. Screen planting at the rear or side property line to be contained in a nonaccess reservation along the arterial or collector; or 4. Other treatment suitable to meet the objectives of this subsection; 5. If a lot has access to 2 streets with different classifications,primary access should be from the lower classification street. The proposed development has frontage on SW Warner Ave, a local street, and Pacific Highway, a principal arterial. The existing site access along SW Warner Ave will remain and the lots does not have vehicle access from Pacific Highway. This standard is met. R. Alleys, public or private. 1. Alleys shall be no less than 20 feet in width. In commercial and industrial zones, alleys shall be provided unless other permanent provisions for access to off-street parking and loading facilities are made. 2. While alley intersections and sharp changes in alignment shall be avoided, the corners of necessary alley intersections shall have a radius of not less than 12 feet. New alleys are not proposed or deemed necessary. This standard is not applicable. S. Survey monuments. Upon completion of a street improvement and prior to acceptance by the city, it shall be the responsibility of the developer's registered professional land surveyor to provide certification to the city that all boundary and interior monuments shall be reestablished and protected. The scope of the site improvements is limited to striping, underground utility installation, and the placement of temporary structures on existing asphalt. These improvements do not warrant right-of-way dedication or frontage improvements. This standard is not applicable. T. Private streets. 1. Design standards for private streets shall be established by the City Engineer; and MIS2025-00003 Tigard's Carts on Broadway 13 2. The city shall require legal assurances for the continued maintenance of private streets, such as a recorded maintenance agreement. 3. Private streets serving more than 6 dwelling units are permitted only within planned developments, mobile home parks, cottage cluster, courtyard units, and apartment developments. The proposed development does not include any private streets. This standard is not applicable. U. Railroad crossings. Where an adjacent development results in a need to install or improve a railroad crossing, the cost for such improvements may be a condition of development approval, or another equitable means of cost distribution shall be determined by the public works director and approved by the commission. This site is not adjacent to a railroad crossing. This standard is not applicable. V. Street signs. The city shall install all street signs, relative to traffic control and street names, as specified by the City Engineer for any development. The cost of signs shall be the responsibility of the developer. SW Warner Ave is an existing street, and no new streets are proposed as part of the proposed development. This standard is not applicable. W. Mailboxes. Joint mailbox facilities shall be provided in all residential developments, with each joint mailbox serving at least 2 dwelling units. 1. Joint mailbox structures shall be placed adjacent to roadway curbs; 2. Proposed locations of joint mailboxes shall be designated on the preliminary plat or development plan, and shall be approved by the City Engineer/U.S. Post Office prior to final plan approval; and 3. Plans for the joint mailbox structures to be used shall be submitted for approval by the City Engineer/U.S. Post Office prior to final approval. The applicant has not proposed a residential development. This standard is not applicable. X. Traffic signals.The location of traffic signals shall be noted on approved street plans. Where a proposed street intersection will result in an immediate need for a traffic signal, a signal meeting approved specifications shall be installed. The cost shall be included as a condition of development. The applicant has not proposed any new street intersections with the proposed development. New traffic signals are not proposed or deemed necessary. This standard is not applicable. Y. Street light standards. Street lights shall be installed in compliance with regulations adopted by the city's direction. The scope of the site improvements is limited to striping, underground utility installation, and the placement of temporary structures on existing asphalt. These improvements do not warrant right-of-way dedication or frontage improvements. This standard is not applicable. Z. Street name signs. Street name signs shall be installed at all street intersections. Stop signs and other signs may be required. MIS2025-00003 Tigard's Carts on Broadway 14 SW Warner Ave is an existing street, and no new streets are proposed as part of the proposed development. This standard is not applicable. AA. Street cross-sections. The final lift of asphalt concrete pavement shall be placed on all new constructed public roadways prior to final city acceptance of the roadway and within 1 year of the conditional acceptance of the roadway unless otherwise approved by the City Engineer. The final lift shall also be placed no later than when 90 percent of the structures in the new development are completed or 3 years from the commencement of initial construction of the development,whichever is less. 1. Sub-base and leveling course shall be of select crushed rock; 2. Surface material shall be of Class C or B asphaltic concrete; 3. The final lift shall be placed on all new construction roadways prior to city final acceptance of the roadway; however, not before 90 percent of the structures in the new development are completed unless 3 years have elapsed since initiation of construction in the development; 4. The final lift shall be Class C asphaltic concrete as defined by A.P.W.A. standard specifications; and 5. No lift shall be less than 1.5 inches in thickness. The scope of the site improvements is limited to striping, underground utility installation, and the placement of temporary structures on existing asphalt. These improvements do not warrant right-of-way dedication or frontage improvements. This standard is not applicable. BB. Traffic calming. When, in the opinion of the City Engineer, the proposed development will create a negative traffic condition on existing neighborhood streets, such as excessive speeding, the developer may be required to provide traffic calming measures. These measures may be required within the development or offsite as deemed appropriate. As an alternative,the developer may be required to deposit funds with the city to help pay for traffic calming measures that become necessary once the development is occupied and the City Engineer determines that the additional traffic from the development has triggered the need for traffic calming measures.The City Engineer will determine the amount of funds required and will collect said funds from the developer prior to the issuance of a certificate of occupancy, or in the case of subdivision,prior to the approval of the final plat.The funds will be held by the city for a period of 5 years from the date of issuance of certificate of occupancy, or in the case of a subdivision, the date of final plat approval. Any funds not used by the city within the 5-year time period will be refunded to the developer. The change in use of the site is not anticipated to be create a negative traffic condition. This standard is not applicable. CC. Traffic study. 1. A traffic study shall be required for all new or expanded uses or developments under any of the following circumstances: a. When they generate a 10 percent or greater increase in existing traffic to high collision intersections identified by Washington County. b. Trip generations from development onto the city street at the point of access and the existing ADT fall within the following ranges: Existing ADT ADT to be added by development 0-3,000 vpd 2,000 vpd 3,001-6,000 vpd 1,000 vpd MIS2025-00003 Tigard's Carts on Broadway 15 >6,000 vpd 500 vpd or more c. If any of the following issues become evident to the City Engineer: i. High traffic volumes on the adjacent roadway that may affect movement into or out of the site. ii. Lack of existing left-turn lanes onto the adjacent roadway at the proposed access drive. iii. Inadequate horizontal or vertical sight distance at access points. iv. The proximity of the proposed access to other existing drives or intersections is a potential hazard. v. The proposal requires a conditional use permit or involves a drive-through operation. vi. The proposed development may result in excessive traffic volumes on adjacent local streets. 2. In addition, a traffic study may be required for all new or expanded uses or developments under any of the following circumstances a. When the site is within 500 feet of an ODOT facility; or b. Trip generation from a development adds 300 or more vehicle trips per day to an ODOT facility; or c. Trip generation from a development adds 50 or more peak hour trips to an ODOT facility. The minimum requirements to require a traffic study have not been exceeded. This standard is not applicable. 18.910.040 Blocks A. Block design. The length, width and shape of blocks shall be designed with due regard to providing adequate building sites for the use contemplated, consideration of needs for convenient access, circulation, control and safety of street traffic and recognition of limitations and opportunities of topography. B. Sizes. 1. The perimeter of blocks formed by streets shall not exceed 2,000 feet measured along the centerline of the streets except: a. Where street location is precluded by natural topography, wetlands, significant habitat areas or bodies of water, or pre-existing development; or b. For blocks adjacent to arterial streets,limited access highways, collectors or railroads. c. For nonresidential blocks in which internal public circulation provides equivalent access. 2. Bicycle and pedestrian connections on public easements or rights-of-way shall be provided when full street connection is exempted by Paragraph 18.910.040.B.1. 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. MIS2025-00003 Tigard's Carts on Broadway 16 The proposed development adjoins an existing street. No new blocks are proposed. This section is not applicable. 18.910.050 Easements A. Easements. Easements for sewers, drainage, water mains, electric lines or other public utilities shall be either dedicated or provided for in the deed restrictions, and where a development is traversed by a watercourse or drainageway, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of the watercourse. B. Utility easements.A property owner proposing a development shall make arrangements with the city, the applicable district, and each utility franchise for the provision and dedication of utility easements necessary to provide full services to the development. The city's standard width for public main line utility easements shall be 15 feet unless otherwise specified by the utility company, applicable district, or City Engineer. The proposed development is not traversed by a watercourse or drainage way. The scope of the site improvements is limited to striping, underground utility installation, and the placement of temporary structures on existing asphalt. These improvements do not warrant right-of-way dedication or the creation of a public utility easement. This standard is not applicable. 18.910.060 Reserved 18.910.070 Sidewalks A. Sidewalks. All public and private streets adjacent to industrially zoned properties shall have sidewalks meeting city standards along at least one side of the street. All other public and private streets shall have sidewalks meeting city standards along both sides of the street. A development may be approved if an adjoining street has sidewalks on the side adjoining the development, even if no sidewalk exists on the other side of the street. The scope of the site improvements is limited to striping, underground utility installation, and the placement of temporary structures on existing asphalt. These improvements do not warrant right-of-way dedication or frontage improvements. This standard is not applicable. B. Requirement of developers. 1. As part of any development proposal or change in use resulting in an additional 1,000 vehicle trips or more per day, an applicant shall be required to identify direct, safe (1.25 x the straight line distance) pedestrian routes within 0.50 miles of their site to all transit facilities and neighborhood activity centers (schools, parks, libraries, etc.). In addition, the developer may be required to participate in the removal of any gaps in the pedestrian system off-site if justified by the development. 2. If there is an existing sidewalk on the same side of the street as the development within 300 feet of a development site in either direction,the sidewalk shall be extended from the site to meet the existing sidewalk, subject to rough proportionality (even if the sidewalk does not serve a neighborhood activity center). The scope of the site improvements is limited to striping, underground utility installation, and the placement of temporary structures on existing asphalt. These improvements do not warrant right-of-way dedication or frontage improvements. This standard is not applicable. C. Planter strip requirements. A planter strip separation of at least 5 feet between the curb and the sidewalk shall be required in the design of streets, except where the following conditions MIS2025-00003 Tigard's Carts on Broadway 17 exist: there is inadequate right-of-way; the curbside sidewalks already exist on predominant portions of the street;it would conflict with the utilities;there are significant natural features (large trees, water features, significant habitat areas, etc.) that would be destroyed if the sidewalk were located as required; or where there are existing structures in close proximity to the street (15 feet or less) or where the standards in Table 18.910.1 specify otherwise. Additional consideration for exempting the planter strip requirement may be given on a case- by-case basis if a property abuts more than one street frontage. The scope of the site improvements is limited to striping, underground utility installation, and the placement of temporary structures on existing asphalt. These improvements do not warrant right-of-way dedication or frontage improvements. This standard is not applicable. D. Maintenance. Maintenance of sidewalks, curbs, and planter strips is the continuing obligation of the adjacent property owner. The property owner is responsible for the maintenance, repair, and/or replacement of sidewalks, curbs/gutters, and planter strips.This standard is met. E. Application for permit and inspection. Separate street opening permits are required for sidewalk segments that are not part of a current subdivision approval: 1. An occupancy permit shall not be issued for a development until the provisions of this section are satisfied. 2. The City Engineer may issue a permit and certificate allowing temporary noncompliance with the provisions of this section to the owner, builder or contractor when, in his or her opinion, the construction of the sidewalk is impractical for one or more of the following reasons: a. Sidewalk grades have not and cannot be established for the property in question within a reasonable length of time; b. Forthcoming installation of public utilities or street paving would be likely to cause severe damage to the new sidewalk; c. Street right-of-way is insufficient to accommodate a sidewalk on 1 or both sides of the street; or d. Topography or elevation of the sidewalk base area makes construction of a sidewalk impractical or economically infeasible 3. The City Engineer shall inspect the construction of sidewalks for compliance with the provision set forth in the standard specifications manual. The scope of the site improvements is limited to striping, underground utility installation, and the placement of temporary structures on existing asphalt. These improvements do not warrant right-of-way dedication or frontage improvements. This standard is not applicable. F. Council initiation of construction. In the event one or more of the following situations are found by the council to exist,the council may adopt a resolution to initiate construction of a sidewalk in accordance with city ordinances: 1. A safety hazard exists for children walking to or from school and sidewalks are necessary to eliminate the hazard; 2. A safety hazard exists for pedestrians walking to or from a public building, commercial area,place of assembly or other general pedestrian traffic, and sidewalks are necessary to eliminate the hazard; 3. Fifty percent or more of the area in a given block has been improved by the construction of dwellings, multiple dwellings, commercial buildings or public buildings or parks; and MIS2025-00003 Tigard's Carts on Broadway 18 4. A criterion which allowed noncompliance under this chapter no longer exists and a sidewalk could be constructed in compliance with city standards. The above-described situations have not been found by the council to exist.This standard does not apply. 18.910.080 Public Use Areas A. Dedication requirements. 1. Where a proposed park, playground, or other public use shown in a development plan adopted by the city is located in whole or in part in a subdivision, the commission may require the dedication or reservation of such area within the subdivision, provided that the reservation or dedication is roughly proportional to the impact of the subdivision on the park system. 2. Where considered desirable by the commission in compliance with adopted comprehensive plan policies, and where a development plan of the city does not indicate proposed public use areas, the commission may require the dedication or reservation of areas within the subdivision or sites of a character, extent and location suitable for the development of parks or other public use, provided that the reservation or dedication is roughly proportional to the impact of the subdivision on the park system. B. Acquisition by public agency. If the developer is required to reserve land area for a park, playground,or other public use,such land shall be acquired by the appropriate public agency within 18 months following plat approval, at a price agreed upon prior to approval of the plat, or such reservation shall be released to the subdivider. Public use areas are not proposed or deemed necessary. This standard is not applicable. 18.910.090 Sanitary Sewers A. Sewers required. Sanitary sewers shall be installed to serve each new development and to connect developments to existing mains in compliance with Clean Water Services requirements and the-comprehensive plan. B. Sewer plan approval. The City Engineer shall approve all sanitary sewer plans and proposed systems prior to issuance of development permits involving sewer service. C. Over-sizing. Proposed sewer systems shall include consideration of additional development within the area as projected by the comprehensive plan. D. Permits denied. Development permits may be restricted by the approval authority where a deficiency exists in the existing sewer system or portion thereof which cannot be rectified within the development and which if not rectified will result in a threat to public health or safety, surcharging of existing mains, or violations of state or federal standards pertaining to operation of the sewage treatment system. The City's record drawings illustrate an existing eight-inch-diameter sanitary sewer main located within SW Warner Ave. The schematic plan provided indicates sanitary laterals to each cart and discharge will be directed to an oil/water separator located at the southeast corner of the site. The plan also indicates that the discharge from the oil/water separator Prior to commencing any site work,the applicant must submit site plans as part of the PFI Permit process illustrating the proposed sanitary sewer system and associated facilities to be designed and constructed in accordance with the City and CWS Design and Construction Standards. For technical assistance to ensure compliance of nondomestic Waste Ordinance 42 (keeping prohibited discharges from impacting conveyance, pump stations, and treatment plants). Web site: https://dynamic.cleanwaterservices.org/Forms/Newlndustry Email: EScasemanagers@cleanwaterservices.org MIS2025-00003 Tigard's Carts on Broadway 19 Industrial Contact Phone Number: 503-681-5175 Commercial Contact Phone Number: 503-681-4431 No oversizing of sanitary sewer is proposed or deemed necessary. Through conditions of approval, this standard is met. 18.910.100 Storm Drainage A. General provisions. The Director and City Engineer shall issue a development permit only where adequate provisions for stormwater and floodwater runoff have been made, and: 1. The storm water drainage system shall be separate and independent of any sanitary sewerage system; 2. Where possible, inlets shall be provided so surface water is not carried across any intersection or allowed to flood any street; and 3. Surface water drainage patterns shall be shown on every development proposal plan. The applicant has proposed carts that will be parked on existing asphalt and have utility connections available like an RV Park. Additional furniture and canopies are assumed to be temporary and will not require the existing asphalt to be removed for installation. The site improvements do not include more than 1,000 SF of new impervious area and the existing drainage patterns on site will remain unobstructed. Therefore, additional stormwater management is not required. This standard is met. B. Easements. Where a development is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse and such further width as will be adequate for conveyance and maintenance. The site is not traversed by a watercourse, drainageway, channel, or stream. This standard is not applicable. C. Accommodation of upstream drainage. A culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development, and the City Engineer shall approve the necessary size of the facility, based on Clean Water Services requirements. D. Effect on downstream drainage. Where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the director and engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in compliance with Clean Water Services requirements. The site improvements will not result in an increase of impervious areas and there will be no negative impact on downstream drainage. This standard is met. 18.910.110 Bikeways and Pedestrian Pathways A. Bikeway extension. 1. As a standard,bike lanes shall be required along all arterial and collector routes and where identified on the city's adopted bicycle plan in the transportation system plan(TSP). Bike lane requirements along collectors within the downtown urban renewal district shall be determined by the City Engineer unless specified in Table 18.910.1. MIS2025-00003 Tigard's Carts on Broadway 20 2. Developments adjoining proposed bikeways identified on the city's adopted pedestrian/bikeway plan shall include provisions for the future extension of such bikeways through the dedication of easements or rights-of-way,provided such dedication is directly related to and roughly proportional to the impact of the development. 3. Any new street improvement project shall include bicycle lanes as required in this chapter and on the adopted bicycle plan. B. Cost of construction. Development permits issued for planned developments, conditional use permits, subdivisions and other developments which will principally benefit from such bikeways shall be conditioned to include the cost or construction of bikeway improvements in an amount roughly proportional to the impact of the development. C. Minimum width. 1. The minimum width for bikeways within the roadway is 5 feet per bicycle travel lane. 2. The minimum width for multi-use paths separated from the road and classified as regional or community trails in the Greenway Trail System Master Plan is 10 feet. The width may be reduced to 8 feet if there are environmental or other constraints. 3. The minimum width for off-street paths classified as neighborhood trails, according to the Greenway Trail System Master Plan,is 3 feet. 4. Design standards for bike and pedestrian-ways shall be determined by the City Engineer. The City's Transportation System Plan does not identify bike lanes along SW Warner Avenue. This standard is not applicable. 18.910.120 Utilities A. Underground utilities.All utility lines including,but not limited to those required for electric, communication, lighting, and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: 1. The developer shall make all necessary arrangements with the serving utility to provide the underground services; 2. The city reserves the right to approve location of all surface mounted facilities; 3. 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 4. Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. B. Information on development plans. The applicant for a development shall show on the development plan or in the explanatory information, easements for all underground utility facilities, and 1. Plans showing the location of all underground facilities as described herein shall be submitted to the City Engineer for review and approval; and 2. Care shall be taken in all cases to ensure that above ground equipment does not obstruct vision clearance areas for vehicular traffic. C. Exception to undergrounding requirement. 1. The developer shall pay a fee in-lieu of undergrounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under-grounding the utilities outweighs the benefit of undergrounding 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 undergrounding would result in the placement of additional poles, rather than the removal of above-ground utilities facilities. MIS2025-00003 Tigard's Carts on Broadway 21 2. An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay the fee in-lieu of undergrounding. 3. Properties within the MU-CBD zone shall be exempt from the requirements for undergrounding of utility lines and from the fee in-lieu of undergrounding. 4. The exceptions in Paragraphs 18.910.120.C.1 through 3 shall apply only to existing utility lines. All new utility lines shall be placed underground. D. Fee in-lieu of undergrounding. 1. The City Engineer shall establish utility service areas in the city. All development which occurs within a utility service area shall pay a fee in-lieu of undergrounding for utilities if the development does not provide underground utilities,unless exempted by this chapter. 2. The City Engineer shall establish the fee by utility service area which shall be determined based upon the estimated cost to underground utilities within each service area.The total estimated cost for undergrounding in a service area shall be allocated on a front-foot basis to each party within the service area. The fee due from any developer shall be calculated based on a front-foot basis. 3. A developer shall receive a credit against the fee for costs incurred in the undergrounding of existing overhead utilities.The City Engineer shall determine the amount of the credit, after review of cost information submitted by the applicant with the request for credit. 4. The funds collected in each service area shall be used for undergrounding utilities within the city at large. The City Engineer shall prepare and maintain a list of proposed undergrounding projects which may be funded with the fees collected by the city. The list shall indicate the estimated timing and cost of each project. The list shall be submitted to the city council for their review and approval annually. The scope of the site improvements is limited to striping, underground utility installation, and the placement of temporary structures on existing asphalt. These improvements do not warrant right-of-way dedication or frontage improvements. This standard is not applicable. 18.910.130 Cash or Bond Required A. Guarantee. All improvements installed by the developer shall be guaranteed as to workmanship and material for a period of 1 year following acceptance by the city council. B. Cash deposit or bond. Such guarantee shall be secured by cash deposit or bond in the amount of the value of the improvements as set by the City Engineer. C. Compliance requirements. The cash or bond shall comply with the terms and conditions of Section 18.830.070. The scope of the site improvements is limited to striping, underground utility installation, and the placement of temporary structures on existing asphalt. These improvements do not warrant right-of-way dedication or frontage improvements. This standard is not applicable. 18.910.140 Monuments—Replacement Required Any monuments that are disturbed before all improvements are completed by the subdivider shall be replaced prior to final acceptance of the improvements. No land disturbing activities are proposed aside from utility trenching, which is not proposed near any existing monuments. If any monuments are disturbed, then the applicant is responsible for replacing them prior to final acceptance. This standard is met. 18.910.150 Installation Prerequisite MIS2025-00003 Tigard's Carts on Broadway 22 A. Approval required. No public improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs,lighting or other requirements shall be undertaken except after the plans have been approved by the city,permit fee paid, and permit issued. B. Permit fee.The permit fee is required to defray the cost and expenses incurred by the city for construction and other services in connection with the improvement.The permit fee shall be set by council resolution. It is feasible and possible to meet this standard through the PFI permitting process. As conditioned,this standard is met. Prior to commencing any site work, the applicant must submit a PFI Permit application to cover all improvements associated with public infrastructure. An engineering cost estimate of improvements associated with public infrastructure (including but not limited to, streets, grading,public utilities, stormwater facilities, streetlights, and franchise utilities) is required at the time of PFI permit application submittal. NO'1'h: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to improvement associated with public infrastructure. PFI permit plans must conform to City Public Improvement Design Standards,which are available at City Hall and the City's web page (www.tigard-or.gov). 18.910.160 Reserved 18.910.170 Plan Check A. Submittal requirements. Work shall not begin until construction plans and construction estimates have been submitted and checked for adequacy and approved by the City Engineer in writing.The developer can obtain detailed information about submittal requirements from the City Engineer. B. Compliance.All such plans shall be prepared in compliance with requirements of the city. Improvements associated with public infrastructure including street and right-of-way dedication,utilities, grading, water quality and quantity facilities, streetlights, easements, easement locations, and utility connections must be designed in accordance with the following codes and standards: • City of Tigard Public Improvement Design Standards • Clean Water Services (CWS) Design and Construction Standards • Tigard Community Development Codes,Municipal Codes • Tualatin Valley Fire and Rescue (TVF&R) Fire Codes • Other applicable County, State, and Federal Codes and Standard Guidelines It is feasible and possible to meet this standard through the conditions of approval and the PFI permitting process. 18.910.180 Notice to City A. Commencement. Work shall not begin until the city has been notified in advance. B. Resumption. If work is discontinued for any reason, it shall not be resumed until the city is notified. It is feasible and possible to meet this standard through the PFI permitting process. MIS2025-00003 Tigard's Carts on Broadway 23 18.910.190 City Inspection of Improvements Improvements shall be constructed under the inspection and to the satisfaction of the city. The city may require changes in typical sections and details if unusual conditions arising during construction warrant such changes in the public interest. It is feasible and possible to meet this standard through the PFI permitting process. 18.910.200 Engineer's Written Certification Required The developer's engineer shall provide written certification of a form provided by the city that all improvements, workmanship, and materials are in accord with current and standard engineering and construction practices, and are of high grade, prior to city acceptance of the subdivision's improvements or any portion thereof for operation and maintenance. The scope of the site improvements is limited to striping, underground utility installation, and the placement of temporary structures on existing asphalt. These improvements do not warrant right-of-way dedication or frontage improvements. This standard is not applicable. 18.920 Access, Egress, and Circulation 18.920.030 General Provisions A. Continuing obligation of property owner. The provisions and maintenance of access and egress provided in this chapter are continuing requirements for the use of any structure or lot of real property in the city. The applicant has acknowledged that the provisions and maintenance of access and egress provided in this chapter are the continuing obligation of the property owner. B. Access plan requirements.A plan demonstrating compliance with the access, egress, and circulation requirements of this Chapter must be provided prior to any land use approval or development permit issuance. The applicant has submitted preliminary civil plans containing proposed access, egress and circulation routes through the site. See findings in Section 18.920.030.I. C. Joint access. Owners of two or more uses, structures, or lots of land may agree to utilize jointly the same access and egress when the combined access and egress of all uses, structures, or units of land meets the combined requirements of this chapter,provided: 1. Satisfactory legal evidence must be presented in the form of deeds, easements, leases, or contracts to establish the joint use; and 2. Copies of the deeds, easements, leases, or contracts are placed on permanent file with the city. The applicant has not proposed joint access. This standard is not applicable. D. Public street access.All vehicular access and egress as required in Subsections 18.920.030.H, I and J must connect directly with a public or private street approved by the city for public use and must be maintained at the required standards on a continuous basis. As shown in the preliminary site plan, all vehicular access will be via a public street. This standard is met. MIS2025-00003 Tigard's Carts on Broadway 24 E. Surfacing. Driveways and drive aisles must be paved with a dust-free, hard-surfaced material, or utilize a turf grid or open joint pavers. As shown on the preliminary civil plan, the existing driveways and drive aisles are paved. F. Curb cuts. Curb cuts must be in compliance with Subsection 18.910.030.0. See findings in Subsection 18.910.030.0. H. Inadequate or hazardous access. 1. Applications for development permits will be referred to the Director for review when, in the opinion of the Director, the access proposed: a. Would cause or increase existing hazardous traffic conditions; or b. Would provide inadequate access for emergency vehicles; or c. Would in any other way cause hazardous conditions to exist that would constitute a clear and present danger to the public health, safety, and general welfare. 2. Direct individual access to arterial or collector streets from single detached house lots is discouraged. Direct access to collector or arterial streets will be considered only if there is no practical alternative way to access the site. If direct access is allowed by the city, the applicant will be required to mitigate for any safety or neighborhood traffic management (NTM) impacts deemed applicable by the City Engineer. This may include, but will not be limited to, the construction of a vehicle turnaround on the site to eliminate the need for a vehicle to back out onto the roadway. 3. The design of the service drive or drives must not require or facilitate the backward movement or other maneuvering of a vehicle within a street, other than an alley. Single detached houses are exempt from this requirement. The applicant has submitted a schematic site plan containing existing access,egress,and circulation routes through the site. Preliminary civil plans have been submitted by the applicant to demonstrate preliminary compliance with the access, egress, and circulation requirements of this chapter. See findings in CDC 18.920.030.I. I. Access management. 1. An access report must be submitted with all new development that verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance, and deceleration standards as set by ODOT, Washington County, the city, and AASHTO (depending on jurisdiction of facility). 2. Driveways must not 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 is 150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway.The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a development has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent lot. If shared access is not possible or practicable, the driveway must be placed as far from the intersection as possible. 3. The minimum spacing of driveways and streets along a collector is 200 feet. The minimum spacing of driveways and streets along an arterial is 600 feet. MIS2025-00003 Tigard's Carts on Broadway 25 4. The minimum spacing of local streets along a local street is 125 feet. The applicant has submitted a preliminary civil plan illustrating proposed access, egress, and circulation routes through the site. The preliminary civil plans submitted demonstrate preliminary compliance with the access, egress and circulation requirements of this chapter. The applicant has also submitted a traffic memorandum that indicates design of driveways and streets are safe by meeting adequate stacking needs, sight distance, and deceleration standards as set by the City or AASHTO. This standard is met. J. Minimum access requirements for residential uses. 1. Vehicular access and egress for residential uses must comply with the standards provided in Table 18.920.1. 2. Vehicular access to apartment structures must be within 50 feet of the first-story entrance or the first-story landing of a stairway, ramp, or elevator leading to the dwelling units. 3. Private residential access drives must be provided and maintained in compliance with the Oregon Fire Code. 4. Access drives in excess of 150 feet in length must be provided with approved provisions for the turning around of fire apparatus by one of the following: a. A circular, paved surface having a minimum turn radius measured from center point to outside edge of 35 feet; b. A hammerhead-configured,paved surface with each leg of the hammerhead having a minimum depth of 40 feet and a minimum width of 20 feet; c. The maximum cross slope of a required turnaround is 5 percent. 5. Vehicle turnouts, (providing a minimum total driveway width of 24 feet for a distance of at least 30 feet), may be required so as to reduce the need for excessive vehicular backing motions in situations where two vehicles traveling in opposite directions meet on driveways in excess of 200 feet in length. 6. Where allowed, minimum width for driveway approaches to arterials or collector streets must be at least 20 feet so as to avoid traffic turning from the street having to wait for traffic exiting the site. The proposed development is not a residential use. This standard is not applicable. K. Minimum access requirements for nonresidential uses. 1. Vehicle access, egress, and circulation for nonresidential uses must comply with the standards provided in Table 18.920.2. 2. Vehicular access must be provided to nonresidential uses, and be located within 50 feet of the primary first-story entrances; 3. Additional requirements for truck traffic may be imposed through conditions of approval of a land use application. The applicant has proposed vehicular access to the site in preliminary compliance with the standards in Table 18.920.2 for number of driveways required and minimum access width. This standard is met. L. One-way vehicular access points.Where a proposed parking facility indicates only one- way traffic flow on the site, it must be accommodated by a specific driveway serving the facility; the entrance drive must be situated closest to oncoming traffic and the exit drive must be situated farthest from oncoming traffic. This standard is not applicable. The applicant has proposed two-way traffic flow on the site. MIS2025-00003 Tigard's Carts on Broadway 26 M. Director's authority to restrict access. The Director has the authority to restrict access when the need to do so is dictated by one or more of the following conditions: 1. To provide for increased traffic movement on congested streets and to eliminate turning movement problems, the Director may restrict the location of driveways on streets and require the location of driveways be placed on adjacent streets, upon the finding that the proposed access would: a. Cause or increase existing hazardous traffic conditions; or b. Provide inadequate access for emergency vehicles; or c. Cause hazardous conditions to exist that would constitute a clear and present danger to the public health, safety, and general welfare. 2. To eliminate the need to use public streets for movements between commercial or industrial uses, parking areas must be designed to connect with parking areas on adjacent properties unless not feasible. The Director may require access easements between properties where necessary to provide for parking area connections. 3. To facilitate pedestrian and bicycle traffic, access and parking area plans must provide efficient sidewalk or pathway connections, as feasible, between neighboring developments or land uses. The director has not determined a need to restrict access based on the conditions outlined above. This standard is not applicable. 18.930 Vision Clearance Areas 18.930.020 Applicability A. Applicability. The provisions of this chapter apply to all development, including the construction of new structures,the remodeling of existing structures, and to a change of use that increases the on-site parking or loading requirements or changes the access requirements. B. When site development review is not required.Where the provisions of Chapter 18.780, Site Development Review, do not apply, the approval authority will approve, approve with conditions, or deny a plan submitted under the provisions of this chapter through a Type I procedure, as provided in Section 18.710.050, using the standards in this chapter. This section is applicable. The provisions of this chapter apply to all proposed development. 18.930.030 Vision Clearance Requirements A. At corners. Except within the MU-CBD zone, a vision clearance area must be maintained on the corners of all property adjacent to the intersection of two streets, a street and a railroad, or a driveway providing access to a public or private street. B. Obstructions prohibited. A clear vision area must be maintained free of vehicles, hedges, plantings, fences, wall structures, and temporary or permanent obstructions (except for an occasional utility pole or tree), exceeding 3 feet in height, measured from the top of the curb, or where no curb exists, from the street center line grade. Trees exceeding 3 feet in height may be located in this area, provided all branches below 8 feet are removed. C. Additional topographical constraints. Where the crest of a hill or vertical curve conditions contribute to the obstruction of clear vision areas at a street or driveway intersection, hedges, plantings, fences, walls, wall structures, and temporary or permanent obstructions must be further reduced in height or eliminated to comply with the intent of the required clear vision area. The vision clearance requirements of this chapter are applicable. The applicant has an existing private driveway connection to SW Warner Avenue. See findings in 18.930.040. MIS2025-00003 Tigard's Carts on Broadway 27 18.930.040 Computations A. Arterial streets. The vision clearance area is not less than 35 feet on each side of the intersection. B. Non-arterial streets. 1. Non-arterial streets 24 feet or more in width.At all intersections of 2 non-arterial streets, a non-arterial street and a driveway, and a non-arterial street or driveway and railroad where at least 1 of the streets or driveways is 24 feet or more in width,the vision clearance area is a triangle formed by the right-of-way or property lines along such lots and a straight line joining the right-of-way or property line at points that are 30 feet distance from the intersection of the right-of-way line and measured along such lines. See Figure 18.930.1. 2. Non-arterial streets less than 24 feet in width. At all intersections of two non-arterial streets, a non-arterial street and a driveway, and a non-arterial street or driveway and railroad where both streets or driveways are less than 24 feet in width, the vision clearance area is a triangle whose base extends 30 feet along the street right-of-way line in both directions from the centerline of the accessway at the front setback line of single detached houses, and 30 feet back from the property line on all other types of uses. As shown on the applicant's preliminary site plan, the existing driveway will remain and be protected. This standard is not applicable. SECTION VII. AGENCY COMMENTS ADDITIONAL CITY OR AGENCY COMMENTS: Public Water System: The existing public water mains are under the jurisdiction of Tualatin Valley Water District (TVWD). The site plans indicate that a two new water services will be constructed to provided domestic water service to serve the proposed development via the existing 8-inch-diameter public water main located within SW Warner Avenue. Prior to commencing any site work,the applicant must submit site plans as part of the PFI Permit process for review and approval from TVWD and the City for new service connections. Through a condition of approval, this standard is met. Clean Water Services was sent a copy of the applicant's proposal and stated that as submitted, the application will not require further review. ODOT was sent a copy of the applicant's proposal and stated that the project will not have any impacts to state highways. Tualatin Valley Fire and Rescue was sent a copy of the applicant's proposal and stated that the project will not impact fire department access or water supply. Attachments: Attachment 1: Approved Plan Set Attachment 2: Zoning Map Attachment 3: Agency Comments Attachment 4: Public Comments MIS2025-00003 Tigard's Carts on Broadway 28 SECTION VIII. PROCEDURE AND APPEAL INFORMATION Notice: Notice was provided to: X The applicant and owner X Parties of record X Affected government agencies Final Decision: THIS DECISION IS FINAL ON JULY 1,2025 AND EFFECTIVE ON JULY 17, 2025 UNLESS AN APPEAL IS FILED. Appeal: The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as provided in Section 18.710.090.A.1 may appeal this decision in accordance with Section 18.710.090.A.2 and.3 of the Tigard Development Code. A written appeal together with the required fee must be filed with the Director within fifteen (15) days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the City of Tigard Planning Division, 13125 SW Hall Boulevard,Tigard, OR 97223. Appeal hearings are de novo. A de novo hearing allows for the presentation of new evidence,testimony and argument by any party. The appeal authority must consider all relevant evidence, testimony and argument that are provided at the hearing by the appellant or any party. The scope of the hearing must not be limited to the issues that were raised on appeal. The decision of the appeal authority is the final local decision. THE DEADLINE FOR FILING AN APPEAL IS 5:00 P.M. ON July 16, 2025. Questions: If you have any questions, please contact Nikki Tuason, Assistant Planner at (503)718-2450 or NikkiT@tigard-or.gov.You may also mail inquiries to City of Tigard Planning Division, 13125 SW Hall Boulevard,Tigard, OR 97223. June 30, 2025 PREPARED BY: Nikki Tuason Assistant Planner June 30, 2025 APPROVED BY: Schuyler Warren Assistant Community Development Director MIS2025-00003 Tigard's Carts on Broadway 29