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PDR1995-00002 Decision - PROMENADE CITY OF TIGARD NOTICE OF DECISION DETAILED PLANNED DEVELOPMENT REVIEW PAR 95-0002 THE TIGARD PROMENADE SECTION 1. GENERAL wromnoN A Detailed Planned Development review request to allow the construction of Pad E of the Tigard Promenade Shopping Center, This Pad would comprise 2,800 square fleet of the shopping centers total planned square footage of 109,916. Future Detailed Planned Development review and/or Site Development Review will be required for the remaining pads within the shopping center. Applicant: Washington Federal Savings Staff Contact: Nate Lowe, Senior Vice President 300 SW Ellsworth Street Albany„ OR 97321 Agent: Benchmark Architectural Services Project Manager: Gary Day 250 SW Jefferson Avenue Corvallis, OR 97333 Owners: Doren L. Ritig 651 SW 6th Avenue Suite 1500 Portland, OR 97204 Eugene and Faith Roemer 15430 S Pacific Highway Tigard, OR 97224 Location: 15470 SW Pacific Highway, The northeast corner of SW Pacific Highway and the proposed extension of SW 109th Street (WCTM 2S1 1 ODB, Tax Lot 702). Applicable Review Criteria: Community Development Code Chapter 18.80 1. Background Information The site has been zoned for General Commercial use with a Planned Development Overlay since the Comprehensive Plan was adopted in 1983. A Conceptual Planned Development was approved for the entire site. A Site Development Review was also approved for a portion of this site. The Conceptual Planned Development and Site Development Review became final on July 17, 1995. The subject property is located to the south of Naeve Street. Immediately to the north of SW Naeve Street is an area which has been proposed to be developed with the 348 NOTICE OF DECISION - PDA 95-0002 - TIGARD PROMENADE PAGE 1 unit Triad Apartment project. In response to traffic concerns raised by residents the Comprehensive Transportation Plan Map was amended in 1992` to add a Minor Collector Street within a revised alignment as a new SW 109th. This new street is planned to be developed within a more westerly alignment in order to bypass a portion of the existing alignment of SW 105th Avenue. The newly aligned street would then rejoin a portion of the existing SW 109th Avenue south of SW Murdock Street. To the south of the Triad Development and SW Naeve Street, right-of-way was acquired by the City for the extension of SW 109th. This newly acquired right-of-way divides the subject property and would provide a new four-way intersection on Pacific Highway. To date the City has spent $429,000 for right-of-way acquisition and design work for this new street. . Vicinity Information The proposed shopping center is adjoined by a mini-storage site to the south. To the west, the center would be adjoined by Pacific Highway. Across Pacific Highway is a mixture of retail office professional developments within King City. To the north, the site is adjoined by Kasch's Nursery and vacant commercial areas. To the east, the site is adjoined by the Fountains at Summerfield which is an existing 100-unit seniors condominium project within a portion of the larger Summerfield Retirement Community. 3. Site Information The applicant's conceptual approval was to develop a shopping center with a total square footage of approximately 109,916 square feet. The shopping center includes a Safeway Grocery Store, Mo building pads to be leased for general retail goods and service stores, two restaurants, a Les Schwab Automotive Repair Facility and a Washington Federal Savings Bank. The total shopping center is presently made up of five parcels. The site has been cleared in preparation for the construction of the Safeway portion of the shopping center. 4. Proposal Description The applicant has applied for Detailed Plan approval for one of the seven pads with a total building square footage of 2,800 square feet. The entire shopping center was previously approved for 109,916 square foot shopping center. The Planning Commission previously approved the Conceptual Planned Development subject to Conditions of Approval. A Detailed Plan submittal has also been approved for three other pads within the southerly Safeway portion of the shopping center. The applicant's Detailed Planned Development for the Washington Federal Savings Bank is in compliance with original approved design. The applicant has also addressed the applicable Conditions of Approval of the Final Order approving the Tigard Promenade. SECTION 11. r$sNAR YM AND CONCL S90N COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: NOTICE OF DECISION - PDR 95-0002 - TIGARD PROMENADE PACE 2 Detailed Planned Development Section 18.80.020(G)(1)(a-e) provides standards for review of Detailed Planned Developments to determine substantial compliance with previous approved Conceptual Planner! Developments. The applicant has addressed these standards as follows through their Detailed Plan submittal. 1. The change increases the residential densities, the lot coverage by buildings or reduces the amount of parking; This Detailed Development Plan did not involve residential development. The lot coverage by buildings has not been increased and parking areas have not been decreased through the preparation of construction documents. . The change reduces the amount of open space and landscaping; The Detailed Development Plain did not reduce the amount of landscaping. Because this is commercial development there are no required open space areas. The site provides landscaping in excess of the 15% minimum required. 3.. The change involves a change of use; The Detailed Development Plan did not change the proposed tenant. The Washington Federal Savings Bank is still the single identified user. 4. The change commits land to development which is environmentally sensitive or subject to a potential hazard; and This site has not been found to be environmentally sensitive or subject to potential hazard. The site does not contain steep slope areas, drainage ways, 100-year flood plains, or wetlands areas. 5. The change involves a major shift in the location of buildings, proposed streets, parking tot configuration, utility easements, landscaping, or other site improvements; The applicant has not proposed a shift in the location of site improvements. The Planning Commission previously approved this development subject to the following conditions of aooroval. The a licant has addressed these conditions within the Detailed Planned Development. 1. Standard half-street improvements, including concrete sidewalk, driveway apron, curb, asphaltic concrete pavement, storm drainage, streetlights, and underground utilities shall be installed along the SW Pacific Highway frontage. Improvements shall be designed and constructed to both State Highway and City standards, and shall provide for the dual southbound left-turn: lanes, and shall conform to the alignment of existing adjacent improvements or to an alignment approved by the ©QOT and the Engineering Department. All required traffic signal modification work shall be included with the construction plans. STAFF CONTACT: Michael Anderson, Engineering Department. NOTICE OF DECISION - PDR 95-0002 - TIGARD PROMENADE PAGE 3 The applicant is currently securing an Access Permit through the Oregon Department of Transportation(ODOT). The applicant is required to have the Access Permit issued prior to the issuance of Building Permits. 2. Standard full-street improvements, including concrete sidewalk on the both sides of SW 109th Avenue fronting the proposed development, driveway aprons utilizing standard 2 foot radius return, curb, asphaltic concrete pavement, storm drainage, streetlights, and underground utilities shall be installed along the SW 109th Avenue frontage. In addition, improvements shall be designed and constructed to an alignment as approved by the Engineering Department and the pavement construction shall extend to existing SW Naeve Street. The final plans shall include a striping plan. STAFF CONTACT. Michael Anderson, Engineering Department. The developer of the shopping center's site and utility improvements Sterling Development and the City of Tigard have executed a roadway improvement agreement. 3. Right-cif-wiry shall be dedicated to the Public along the W 109th Avenue frontage to increase the right-of-way to 7 feet for the portion of roadway providing 4 lanes, and the transition from 4 lanes to the 3 lane portion. The description shall be tied to the proposed right-of-way centerline as approved by the Engineering Department and align with the through street requirements of the intersection with SW Royalty Parkway to the west, in King City. The dedication document ;shall be on City forms. Instructions are available from the Engineering Department. STAFF CONTACT- John Hadley, Engineering Department.. The site plan has been revised to reflect the dedication for public right-of-way along SW 109th to be 72 feet for the portion of roadway providing four lanes. A dedication document for 12 additional feet of right-oaf-way will be executed upon completion of the Improvement Plan review. This dedication will be provided prior to issuance of Building Permits. 4. The applicant shall obtain a permit from the State of Oregon Highway Division, to perform world within the right-of-way of SW Pacific Highway. A copy of the permit shall be provided to the City Engineering Department prior to issuance of a Public Improvement Permit. STAFF CONTACT: Michael Anderson, Engineering Department. The developer of the shopping center is currently obtaining an Access Permit through the Oregon Department of Transportation (ODOT). A copy of the Access Permit will be required prior to issuance of Building Permits. 5. The applicant shall submit a revised site and street geometric plan for approval by the Engineering Department prior to the application for the public works improvements permit. The revised plan shall include a revised design for the driveway near Building D to prohibit traffic from exiting to W 109th Avenue extension via that driveway. STAFF CONTACT: Michael Anderson, Engineering Department. NOTICE OF DECISION - PDR 95-0002 -TIGARD PROMENADE PAGE a The developer of the shopping center has submitted a revised Site and Geometric Plan that reflects a right-in only adjacent to Building Pad D from SW 109th Street. Approval of a revised site and street geometric plan is required prior to issuance of Building Permits. 6. Three (3) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Seven (7) sets of approved drawings and one (1) itemized construction cost estimate, all prepared by a Professional Engineer, shall be submitted for final review and approval (NOTE. these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. STAFF CONTACT: John Hagman, Engineering Department. The developer of the shopping center is currently preparing Public Improvement Plans and construction documents for SW 109th Street and SW Pacific Highway. This must be completed prior to issuance of Building Permits. 7. A joint use and maintenance agreement shall be executed and recorded on City standard forms for all common driveways. The agreement shall be referenced on and became part of all applicable parcel Deeds. The agreement shall be approved by the Engineering Department prier to recording. STAFF CONTACT: Michael Anderson, Engineering Department. A joint use and maintenance agreement has been prepared and is to be submitted to the Engineering Department prior to recording. 8. The applicant shall provide a hydrology and hydraulic study of the proposed storm drain systems for approval of the Engineering Department. STAFF CONTACT: Greg Berry, Engineering Department. The shopping center developer has submitted a hydrology and hydraulics study has been submitted for review. Site drainage issues will be reviewed and approved prior to the issuance of Building Permits. 9. The design of the intersection revisions and traffic signal modifications at SW 1019th Avenue and SW Pacific Highway shall be approved by the City Engineer. STAFF CONTACT: Michael Anderson, Engineering Department. The revised site plan illustrates the intersection revisions required to facilitate a 72-foot wide right-of-way at the intersection with SW Pacific Highway and SW 109th greet. The specific design is currently being reviewed by the City and ODOT for approval. This will be required prior to issuance of Building Permits. 10. The applicant shall pay the fees as established under the guidelines of Unified Sewerage Agency Resolution and Order No. 91-47. NOTE: This is a two part fee which is paid at different times. The first part is paid with any associated public improvements which is for that portion of the development which increases the impervious area within the public right-of-way. The second part is paid at Building Permit issuance which is for each individual lot. The applicant proposes to construct an on-site water quality facility for the NOTICE OF DECISION - PDR 95-0002-`rIGARD PROMENADE PAGE 5 southerly parcel and shall receive a credit based on the amount of storm water treated. The facility will be privately owned and operated. The applicant has designed an on-site water quality facility treatment facility for this purpose. The applicant is required to pay a fee to make up for any difference (if any)of the water treated by this facility and that required to be treated based on the increase in impervious areas prior to the issuance of Building Permits. 11. The applicant shall underground the existing overhead utilities along the site frontage of SW Pacific Highway, or pay the fee in-lieu of underrounding. STAFF CONTACT: Michael! Anderson, Engineering Department. The shopping center developer is currently evaluating whether to underground the existing overhead utilities or pay a fee in lieu of undergrounding. 12. Washington County has established and the City has agreed to collect Traffic Impact Fees in accordance with Resolution No. 94-1. The applicant shall pay the fee established for the proposed use. The applicant has agreed to pay the Washington County Traffic Impact Fees associated with the project once they are determined by the City. These fees will be paid prior to the issuance of wilding Permits. 13. The applicant shall demonstrate that storm drainage runoff can be discharged into the existing drainageway without significantly impacting properties downstream. STAFF CONTACT: Greg Berry, Engineering Department. The shopping center developers hydrology and hydraulic study has been prepared to demonstrate that storm drainage runoff can be discharged into the existing drainageways without significantly impacting properties downstream. The on-site storm water detention system has been designed to meet the standards set by ODOT and the City. A detailed evaluation of these proposed facilities will be conducted prior to the issuance of Building Permits. 14. An erosion control plan shall be provided as part of the public improvement drawings. The plan shall conform to "Erosion Prevention and Sediment Control Plans - Technical Guidance Handbook, February, 1994." STAFF CONTACT: Greg Berry, Engineering Department. An erosion control plan will be submitted as part of the public improvement plans for the development of shopping canter. An approved erosion control plan will be required prior to the issuance of Building Permits. 15. The applicant shall submit a traffic engineering report one year after the opening of the shopping center that provides a study of the operation of the main driveway near Building C. The report shall verify that the four-way intersection is operating within the projected parameters of the revised traffic studies and the basis of the site plan approval, and/or to recommend any operational changes to comply with the original report, as approved by the City Engineer. STAFF CONTACT: Michael Anderson, Engineering Department. NOTICE Or DECISION - PDR 95-0002 - TIGARD PROMENADE PAGE 6 The shopping center developer will submit a traffic report one year after the opening of the entire shopping center to review the operation of the main driveway near Building C. 16. Revised site and landscape plans and/or studies shall be submitted for review and approval by the Planning Division. STAFF CONTACT: Mark Roberts, Planning Division. a. The applicant shall submit an application for the Detailed Planned Development Review stage of the entire development. This submittal fulfills this requirement. b. The applicant shall record a partition plat, lot line adjustment or a lot consolidation prior to avoid construction of new improvements over the existing property lines within the southerly Safeway Shopping Center. This condition is not applicable to this development site c. The applicant shall record a partition plat, lot line adjustment or a lot consolidation prior to development of the northerly Les Schwab Center. This condition has been addressed through a previous Lot Line Adjustment. d. Where required by the Department of Environmental Quality the applicant shall obtain an Indirect Source Construction Permit for construction of parking lot(s). The shopping center developer has obtained an Indirect Source Construction Permit for the construction of parking lots. e. The applicant shall revise the site and landscape plans to provide impervious surface to landscape ratios at a minimum of 15% of the entire site. The applicant's site plan has demonstrated that landscaping is to be provided in excess of the 15% minimum requirement. f. The applicant shall provide floor glans of future tenant improvement plan submittals be reviewed to verify continuing compliance with the parking ratio standards. The applicant's site plan demonstrates that the Washington Federal Savings Bank has been provided with parking in excess of the one space for each 350 square feet of gross floor area requirement as required for this type of use. g. A direct walkway connection shall be provided from SW 109th to Pad F and to widen the walkway as necessary between Pads A and B such that the walkway will provide a minimum of four feet of feet of width clear of obstructions. A minimum of eight of the 15 feet of total walkway width shown in front of the Safeway store shall be kept clear at all times to allow NOTICE of DECISION - PDR 95-0002 -TIGARD PROMENADE PAGE 7 pedestrians to use this walkway rather than the main driveway when approaching the stare. The applicant has provided a pedestrian walkway from the building entrance to SW Pacific Highway. h. The property owners shall jointly agree to the shared access shown between the Les Schwab and Kasch's Nursery sites and shall jointly share maintenance. This condition is not applicable as a part of this review because the Les Schwab Pad was not included. 1. Where necessary the applicant shall relocate or reconfigure Pads D and F to comply with the clear vision standards. The enclosures shall not be located within driveway aisle intersections or within parking lot areas where possible. These standards are not applicable because these Pads were not included as a part of this request. The trash and recycling enclosure has been located so as to not be a clear vision obstruction. j. The applicant shall obtain approval for the enclosure design and location from the franchise hauler Pride Disposal. The applicant has obtained approval from the franchise hauler for the design of the trash and recycling enclosures. k. Driveways shall be narrowed to a maximum of 36 feet in width or pedestrian refuges provided for increased pedestrian crossing safety. The plans shall also be revised to provide varied pavement markings or contrasting materials to designate these as pedestrian crossing areas. The interior widths of the driveways do not exceed a width of 36 feet. 1. Along portions of the center where the design provides less than ten feet of landscape buffer to the street that the applicant shall demonstrate how this width buffers the view of the parking tot from the street. Where necessary the plan shall be revised to include the use of berming, low three foot maximum height walls or increase the width to serve this purpose. If low walls are used it is suggested that they be constructed of rocks which match the flagstone base of the principal Pad A, B and C store elevations. The applicant has provided sufficient screening within the parking lot screening area to comply with this standard. The applicant provided an 18 foot landscape buffer from S.W. Pacific Highway to screen adjoining parking lot uses. The location of the Washington Federal Savings Bank also serves to further screen parking lot uses from view of SW 109th Street. M. The landscape plan within the buffer area shall be revised to provide a minimum of the following design features: NOTICE OF DECISION - POR'95-0002 - TIGARD PROMENADE PAGE 8 1.) A row of shrubs; 2.) A row of evergreen trees with a three inch minimum caliper at planting at the appropriate spacing for growth at maturity; and 3.) A berm with a minimum slope of one foot of rise for every three feet of depth be provided 4.) All screening measures should be designed to provide year round protection due to the year round-nature of the proposed uses. This condition is not applicable to this development site. n. The applicant shall review this plan with TRI-MET and revise the plant to provide a waiting shelter where required. CONTACT: Kim Knox, TRI-MET and STAFF CONTACT: Mark Roberts, Planning Division. The provision of a bus waiting shelter has been reviewed with TRI-MET who have stated that the entire shopping center development would not by itself generate the need for a shelter. TRI-MET states that this requirement is more appropriate for a new residential development of several hundred dwelling units. o. All new signage shall be reviewed through the sign permit process as administered by the Planning Division. The shopping center developer has provided a Signage Program for this center. All future signage will be reviewed for conformance with the proposed signage program. p. The applicant shall provide a report from a Certified Arborist concerning the potential for preservation of selected specimens at the northeast intersection of SW 109th Street and Pacific Highway and elsewhere on site as appropriate. The applicant has provided a report which states that two of the existing trees within this portion of the shopping center potentially can be preserved due to the nature of the site improvements. The applicant shall provide protective measures around these trees prier to commencement of development cf the proposed site improvements. q. The applicant shall be provide two inch minimum caliper street trees at the time of planting. The applicants landscape plan has provided street trees with a minimum of a two inch caliper at planting. r. The applicant shall demonstrate that the parking lot trees to be planted will provide a 35 percent canopy coverage when the trees reach maturity. NOTICE of DECISION - PDR 95-0002 - TIGARD PROMENADE PAGE 9 The applicants Landscape Architect has provided evidence demonstrating that 3% canopy coverage is possible given the numbers of trees provided and their size at maturity. S. The applicant shall relocate Pad D and F to comply with the clear vision standards. The trash receptacle facilities within parking lot areas throughout the site shall be relocated so as to not to create a clear vision obstructions. Pads Q and F were not included as a part of this review therefore this condition is not applicable. The trash enclosure has been reviewed and complies with the clear vision requirements. t. The applicant shall redistribute handicapped parking spaces within an area adjoining the entrance of the Les Schwab facility. Several spaces shall also be located within the parking area proposed to directly adjoin Pad C to provide more convenient access to handicapped patrons to bath Pad B and Pad C. The revised plans have provided a handicapped accessible parking space near the main building entrance. The space location does not require that a person cross a drive aisle in order to access the building entrance. U. The applicant shall restrict trucks from parking with engines running behind the store if the vehicle i equipped with a refrigeration unit and not longer than five minutes if the truck has refrigeration equipment. Signs shall be posted at prominent locations stating this requirement. This condition is not applicable to this development site. V. The applicant shall submit a noise study to address the impacts of the proposed Les Schwab repair facility. Due to its orientation this facility may have noise impacts on adjoining residential areas. The applicant shall submit this study to the City for review and approval. The applicant shall comply with the appropriate mitigation measures as approved by the City. This condition is not applicable to this development site. W. The applicant shall provide an extended sound wall of a minimum of 7 feet in length to the rear of the Safeway Building. This condition is not applicable to this development site. X. The applicant shall restrict emergency generator operation for maintenance reasons to the hours of 9 AM to 5 PM Monday through Friday. This condition is not applicable to this development site. Y- All roof mounted equipment shall be mounted entirely below the building parapet. Where possible roof mounted equipment shall be positioned on portions of the roof away from residential areas towards Pacific Highway. NOTICE OF DECISION - PDR 95-0002 - TIGARD PROMENADE PAGE 10 This condition is not applicable to this development site. Z. A sound wall with a minimum of 20 feet in height shall be provided. This condition is not applicable to this development site. aa. The applicant shall provide a loading space for the Les Schwab facility or demonstrate how loading could occur within the service bay area (Pad This condition is not applicable to this development site. bb. If Pad C is leased to a single tenant the plans shall be revised to provide a leading space. This condition is not applicable to this development site. 17. The applicant shall provide TRI-MET with a revised set of plans for review and approval which incorporate City and ODOT conditions. Once the plans have been revised, the applicant should contact me at 239-6716 to identify the most desirable future bus stop location and determine whether a bus pullout is warranted. CONTACT: Kim Knox, TRI-MET. TRI-MET has initially reviewed this plan. A bus tum-out has been designed to adjoin this pad and the Les Schwab portion of the shopping center. AN ODOT access permit will be required prior to the issuance of Building Permits for the improvements to be developed along the entire centers frontage on SW Pacific Highway. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO THE ISSUANCE OF OCCUPANCY 18. All site improvements shall be installed and maintained pursuant to the revised site and landscape }Mans. STAFF CONTACT:. Mark Roberts, Planning Division. This will be reviewed on a continuing basis by the City upon development of the shopping center. SECTION 111. PROCEDURE AND APPEAL INFORMATION 1. Notice: Notice was posted at City Hall and mailed to: The applicant and owners X Owners of record within the required distance The affected Citizen Involvement Team X Affected government agencies 2. Final Decision: TFIE DECISION SHALL BE FINAL ON OCTOBER 18. 1995 UNLESS AN APPEAL IS FILED. NOTICE OF DECISION - PDR 95-0002 TIGARD PROMENADE PAGE 1 I fi 3. Appeal: Any party to the decision may appeal this decision in accordance with Section 18.32.290(.A) and Section 18.32.370 of the Community Development Code which provides that a written appeal mast be filed with the City Recorder within 10 days after notice is, given and sent. The appeal fee schedule and forms are available from the Planning Division at Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon. The deadline for riling of an appeal is 3:30 p.m. on Wednesday October 18. 1995. 4. Questions: If you have questions, please call the City of Tigard Planning Department, City of T ;,,,Lrd City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. _Zf 4, as~7 //v PREP D BY trk-Robefts DATE ociate Planner, AICP APPROVED BY; Richard Bewersdorff DATE Senior Planner NOTICE OF DECISION - PDR 95-0002 - TIGARD PROMENADE PAGE 12 V m ! j! C'.1LL J~t~lti'C'.9 -0 ET, L.SSUg"L Ltt30 Cf6N w F L .1S L.T. 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